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HomeMy WebLinkAboutPZ 1984-06-14 Minutes . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JUNE 14, 1984 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the the Chairman, George Tucker, at 7:35 P. M. ROLL CALL PRESENT: Chairman Secretary Members Alt. Member George Tucker Marjorie Nash Don Bowen Mark Hannon Mark Wood John Schwinger Mayor P & Z Coordinator Dan Echols Wanda Calvert Mrs. Calvert recognized Marcey Andrews a senior at UTA, who's major is Political Science and minor is City and Regional Planning. . CONSIDERATION OF THE MINUTES OF MAY 24, 1984 Ms. Nash made the motion to approve the minutes as written. This motion was seconded by Mr. Bowen and the motion carried 5-0. 1. PS 84-65 Request of John Cook to abandon the final plat of Sunny Meadows Addition, 5th Filing. Chairman Tucker said th Planning and Zoning Commission saw no problem with this and called for a motion. PS 84-65 APPROVED Mr. Wood made the motion to approve PS 84-65. This motion was seconded by Ms. Nash and the motion carried 5-0. 2. PS 84-54 Request of J. C. Gideon for preliminary plat of Lot 1, Block 1, Bradford Addition. 3. PS 84-55 Request of J. C. Gideon for final plat of Lot 1, Block 1, Bradford Addition. . ~ ~ Page 2 P & Z Minutes June 14, 1984 . Delbert Stembridge, Consulting Engineer, came forward to represent Mr. Gideon. He stated Mr. Gideon is a 70 year old man and said he must withdraw these requests because he was not financially able to do all the Engineer's letter required. 4. PZ 84-41 Request of J. V. Frank Trustee to rezone Lots 8A thru 17B, Block 33, Holiday West Addition, from their present classification of R-4-SD (Separate Ownership Duplex) to C-l (Commercial). This property is located on the south side of Buenos Aires Drive and approximately 220 feet east of Rufe Snow Drive. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Bill Fenimore, one of the owners of the property, came forward. He stated he felt this zoning is compatible with the surrounding zoning. Mr. Fenimore said this property joins C-l on two sides, Multi-Family on one side, and was close to Rufe Snow. He said they plan to build a strip shopping center for lease space for real estate and insurance offices, etc. Mr. Fenimore said the type of office buildings they usually build are 9 to 5 parking and he feels this would be a pleasant shopping center off Rufe Snow. Chairman Tucker asked if this was to be office space or a strip retail center. Mr. Fenimore said it would be an office center with office buildings to the rear and adjacent to it, but it could have some retail shops. . Chairman Tucker said if it is a shopping center, it could have more than 9 to 5 parking. ~ ~ Page 3 P & Z Minutes June 14, 1984 . Mr. Fenimore said that was correct. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, Chairman Tucker closed the Public Hearing. Mr. Hannon said this would be a 1,000 foot finger of Commercial in a residential area. He said there is duplex zoning on the east side and only 4 or 5 lots abut Commercial zoning. Mr. Hannon said he does not feel it would present a problem if it stayed residential. . Mr. Wood said there are office buildings joining this property and he does not see a problem with this request and he is in favor of the request. Chairman Tucker said since this would be just a strip center, the difference in traffic would not present much of a problem. PZ 84-41 APPROVED Mr. Wood made the motion to approve PZ 84-41 as requested. This motion was seconded by Mr. Bowen and the motion carried 3-2 with Ms. Nash and Mr. Hannon voting against. 5. PZ 84-42 Request of Richland Hills Church of Christ for confirmation of the R-7-MF zoning in Ordinance #1033. This property is located on the south side of Northeast Loop 820, west of Rufe Snow Drive, and bounded on the south by the TESCO right-of-way. This case was withdrawn until June 21, 1984. . ~ ~ Page 4 p & Z Minutes June 14, 1984 . 6. PZ 84-43 Request of Charlie & Wayne Wright to rezone Lot 20, Block 4, Diamond Loch Addition, from its present classification of LR (Local Retail) to C-1 (Commercial). This property is located at the southwest corner of Glenview Drive and Dawn Drive. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Wayne Wright came forward to represent himself and his brother, Charlie. He said he owns 50% of this property and they wish to build a shopping center. Mr. Wright said they are presently located at 5033-C Rufe Snow. He said this business has been in their family for 35 years. Mr. Wright said they can put a pick-up station on this property with the present zoning, but they would like to do full plant service. Mr. Wright said they plan a one-story building. He said there would be no wasteful fumes or hazardous chemicals; they would be confined in the building. Chairman Tucker asked if they would truck in and out of this station. Mr. Wright stated they would. Mr. Wood said it would be a traffic hazard. Mr. Wright said they would have exits and entrances on both Glenview and Dawn and he feels there will be no hazard or tie-up traffic. . Mr. Bowen said he has problems with zoning that corner commercial which allows a multitude of uses. He said this property backs up to residential and he would like to see it stay Local Retail which is neighborhood retail. ~ ~ Page 5 P & Z Minutes June 14, 1984 . Mr. Wright said they plan to build a retail center there whether they are granted this zoning change or not. Chairman Tucker said in Commercial zoning you can go three stories. He said this Commission has been working several months on the Zoning Ordinance and Master Plan for this City to protect the residences. Ms. Nash said she supports Mr. Bowen. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. . John Hatfield, 4012 Diamond Loch East, came forward. He said he represents several of the neighbors and the Commission members have already spoken their feelings regarding this request. He said this is a neighborhood retail area. He said he knew it was Local Retail when he bought his home, but he would get very upset if it was changed to Commercial. Mr. Hatfield said he has a petition against this request with 13 signatures of the 19 property owners contacted. Billie Jo Williams, 4008 Diamond Loch East, came forward. She said she is opposed to this zoning request. Chairman Tucker closed the Public Hearing. Mr. Hannon said the way he reads the Zoning Ordinance, it does not allow a cleaning plant in C-l. PZ 84-43 DENIED Ms. Nash made the motion to deny PZ 84-43. This motion was seconded by Mr. Bowen and the motion to deny carried 5-0. . ~ Page 6 P & Z Minutes June 14, 1984 . 7. PZ 84-44 Request of John Cook to rezone Tracts 4A, 4C3, & 4D, J. C. McComas Survey, Abstract 1040, from their present classification of AG (Agriculture) to R-3 (Single Family). This property is located on the north side of Chapman Road, bounded on the west by McComas Addition, and a portion is bounded on the east by Hewitt Street. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mike Thompson, 6704 Mabell Street, came forward. He asked if they plan to build houses or duplexes. Chairman Tucker said they would be houses like Mr. Thompson's addition. . Mr. Thompson stated there is a drainage problem in this area. Chairman Tucker stated that would be addressed when the property is platted. Mr. Thompson asked how he could be sure they make the proper drainage. Chairman Tucker said for him to keep in touch with Mrs. Calvert in the Planning and Zoning department. Mr. Hannon stated it takes about 3 months for the platting process. Mr. Bowen stated that the R-3 zoning classification requires a minimum of 1,400 square foot homes. . Mark Fuller, 6708 Mabell Street, came forward. He said he was concerned that the "quiet" of the area would change. Mr. Fuller said he would not object to the change, but he would like to see it tied to providing adequate drainage. He said they have ditches dug from their property to this property to drain their back yards. ~ Page 7 p & Z Minutes June 14, 1984 . Mr. Wood said Mr. Cook will have to take care of the drainage on his property, but he cannot be held responsible for their drainage problems. Mr. Hannon said this Commission has to decide if this request is the best use of the land. He said if the zoning request is approved, Mr. Cook will have to come back before this Commission for platting approval. Mr. Hannon said the City has special engineering guidelines on what to do with the drainage, the streets, how close they are, etc. He said if all the City's requirements are not met, his plat will not be approved. Mr. Hannon said if the zoning is approved, it might be 20 years before it could be developed. . Mr. Fuller said he might solve the drainage on this property, but create one on the adjacent property. Mr. Fuller said he was against the zoning change, he would rather it stay Agriculture. Mike Dean, 6725 Hewitt Street, came forward. He said he was against this zoning request. Mr. Dean said there is an open drainage ditch and drainage problems which was to be fixed in the approved bond issue, but understand it has been cancelled. He said they did not have a drainage problem until the property was developed around them. Chairman Tucker closed the Public Hearing. Mr. Wood stated this request is for zoning, but the drainage problem will have to be taken care of if and when it gets to the platting. . PZ 84-44 APPROVED Mr. Hannon made the motion to approve PZ 84-44. This motion was seconded by Ms. Nash and the motion carried 5-0. ~ Page 8 p & Z Minutes June 14, 1984 . 8. PZ 84-45 Request of JONCO Development Company to rezone Tract 3, J. C. McComas Survey, Abstract 1040, from its present classification of AG (Agriculture) to R-5-D (Duplex). This property is located on the west side of Smithfield Road, bounded on the west by Hewitt Street, and approximately 550 feet north of Chapman Road. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . John Cook came forward to represent his JONCO Development Company. He said he understands there is a drainage problem in this area, but he plans to correct that. He said he had discussed this with the City Engineer and he said it would take a 60 inch line from the bridge to Chapman Road. Mr. Cook said the cost to do this is almost prohibitive. He said that is the reason he has requested the duplex zoning for this tract. Mr. Cook said if he could work with the property owners, he could take the bend out and take it straight to Chapman; if not, he may have to put it at an angle. Mr. Cook said along Hewitt Street, there are large drainage ditches, but small culverts which are about 1,000 feet from Chapman Road. He said he would like to bring Hewitt Street straight south to Chapman Road. He said he had contacted adjacent property owners. Chairman Tucker asked if he felt this would help the drainage on Mabell Street. Mr. Cook said it would if larger culverts are put in. . Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. ~ Page 9 P & Z Minutes June 14, 1984 . J. D. Richmond, Jr. 6737 Hewitt Street, came forward. He said the drainage in this area has been studied for 19 years, but never fixed. He said if you put any deeper ditches than is already there, someone is going to drive off and drown. Mr. Richmond said the road gets covered up as deep as 18 inches when it rains. He said if it comes a good hard rain, you can not build ditches large enough to handle the water. Mr. Richmond said he does not desire to have duplexes across the street from him. . William Gideon, 7717 Chapman Road, came forward. He said they had no problem with the water until houses were built around them. He said he had seen the water 3 or 4 feet, not 18 inches. He said if you go in there and build apartment houses, you will have real serious problems. Mr. Gideon said they have already laid too much concrete now. He said there needs to be a way to get the water from the elbow in Hewitt to Chapman Road. Marvin Miller, 6717 Hewitt Street, came forward. He said the drainage ditch goes behind his property. He said nothing has ever been done about the drainage. Mr. Miller said one culvert on the east side of Hewitt Street which is 36 inches deep and 12 feet wide, 36 square feet, would not even carry the volume of water. He said if water runs on grass and weeds, it will be absorbed, but more concrete will increase the drainage problem. Mr. Miller said as far as the duplex zoning, he did not know they were asking for it. . Mike Dean, 6725 Hewitt Street, came forward. He said there was wrong information as to the location. ~ Page 10 p & Z Minutes June 14, 1984 . Mrs. Calvert stated there was a sign on the property stating they were requesting a zoning change. Mr. Dean said he had seen 18 inches of water in the street in front of his house. He said he has a 50 feet wide and 18 inch deep berm to keep the water out. Mr. Dean said he is opposed to the development of this property due to the drainage. He said when the water hits Chapman Road, it has to make a 90 degree turn down Chapman. Mr. Dean said his house almost flooded because a trash can had stopped up the culvert. . Mr. Dean said he is opposed to this request because of the streets. He said North Richland Hills has the worst streets around. He said there is already congested traffic at Smithfield Road and Davis Boulevard and at Main Street and Davis Boulevard. Mr. Dean said he was not in favor of duplexes; he does not like rental property. He said he would not be in favor of residential either because he likes the open area. Mr. Dean asked what they could do to stop this development. Chairman Tucker said if he could get a petition with signatures of 20% of the property owners within 200 feet of this property, then it would take a three-fourths majority of the City Council voting affirmative to pass it. Mr. Bowen said if this request is approved, it would go to the City Council on the 9th of July, but if denied by P & Z, Mr. Cook would have to request an Appeal Hearing. Mr. Dean said if the Commission would come out to this area, they would know that a 5 foot drainage system would not take care of it. . ~ Page 11 P & Z Minutes June 14, 1984 . Chairman Tucker said to not consider the 5 feet because the developer would have to put in whatever the City Engineer says it would take to carry the drainage. He said this Commission must decide the best use of this land and the only way there can be improvements made, the city must rely on the developer to provide it. Chairman Tucker said this Commission takes a hard look at the platting of a piece of property. He said they must satisfy both the City Engineer and this Commission. Chairman Tucker said it would be from 30 to 60 days before they could come back to the Planning and Zoning Commission with the platting. . Mike Thompson, 6704 Mabell, came forward. He said he was opposed to duplexes. He said the City Engineer may look at the platting, but someone allowed Marvin Smith to build his house several inches below the curb. Mr. Thompson said there are small culverts and the water can not get across Chapman Road and the water backs up and someone is going to sue someone one of these days. Ed Pruitt came forward. He said he lives at 6709 Mabell and owns 6717 Mabell and he is in opposition to this request. Charles Cundiff, 6721 Mabell, came forward. He said he is opposed to this request. Chairman Tucker closed the Public Hearing. . Mr. Hannon said he would like to make it clear that the drainage problem is different than zoning. He said the drainage will be considered at the time of platting. Mr. Hannon said 5 people have been opposed to this request because of the type zoning. He said he feels Chapman Road should be the boundary for duplex zoning and does not feel it should be allowed at this time. ~ Page 12 P & Z Minutes June 14, 1984 . PZ 84-45 DENIED Ms. Nash made the motion to deny PZ 84-45. This motion was seconded by Mr. Bowen and the motion to deny carried 4-1 with Mr. Wood voting against denial. RECESS Chairman Tucker called a recess at 8:40 P. M. BACK TO ORDER Chairman Tucker called the meeting back to order with the same members present. 9. PZ 84-46 Request of Ray Roberts to rezone a portion of Tract lAlA, John Condra Survey, Abstract 310, from its present classification of AG (Agriculture) to R-2 (Single Family). This property is located on the east side of Douglas Lane and approximately 649 feet south of Bursey Road. . Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Delbert Stembridge, Consulting Engineer, came forward to represent Mr. Roberts. He said they wish to build two houses on the property and need to rezone. Chairman Tucker asked if Mr. Roberts owns the tracts around this property. Mr. Stembridge said he owns Tract 1. He said Mr. Roberts has some relatives who wish to purchase some of his property to build homes on. Ms. Nash asked if the 20 feet shown on the plat was all the property he has to get to his house. Mr. Stembridge said it was. Mr. Hannon asked how many acres will Mr. Roberts have left. . Mr. Stembridge said 2~ or 3 acres. ~ Page 13 P & Z Minutes June 14, 1984 . Mr. Hannon said he would be creating a problem; if he has need for a building permit, he would be non-conforming and could not plat. He said this would create a problem of he ever needed to sell his property. Mr. Stembridge said Mr. Roberts is aware of that. Mr. Hannon said the State is trying to pass a law where you cannot sell property by metes and bounds. He said if this is passed, he could not sell his property. . Ray Roberts, 7900 Douglas Lane, came forward. He said two members of his family, his wife's sisters, want to build there. He said he is not concerned whether he could sell his home or not; all he wants to do is let them have an acre each to build on. Mr. Roberts said Mr. Stembridge had made him aware of the problem this would create. He said he does not want to lose his agricultural zoning because he has animals. Chairman Tucker said he knows Mr. Roberts plans to live there the rest of his life, but when it is passed to his heirs, there would be problems. He said the Commission can grant this request, but it will make the remaining property non-conforming and if his house burned down, he could not even build it back. Chairman Tucker said he felt this is the correct zoning request for the area, but he is concerned about the remainder of the property. He asked if Mr. Roberts would like the request tabled to reconsider. Mr. Hannon said he felt it could be . Planned Development and Mr. Roberts could be allowed his use. He said the Commission will be glad to work with him in finding a solution. ~ Page 14 P & Z Minutes June 14, 1984 . Mr. Roberts requested the Commission table his request. PZ 84-46 TABLED Mr. Hannon made the motion to table PZ 84-46 as requested. This motion was seconded by Ms. Nash and the motion carried. 5-0. 10. PZ 84-47 Request of Rufe Snow Joint Venture to rezone a portion of Tract 3A2, William Mann Survey, Abstract 1010, from its present classification of AG (Agriculture) to C-1 (Commercial). This property is located at the northeast corner of Rufe Snow Drive and Chapman Road. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Bill DuBose, president of Metro Equity, Inc. came forward. He said they have a contract to purchase this property. He said he feels this is the proper zoning for this property. Mr. DuBose said they have no specific tenants, they have interested parties, but none have signed up. Mr. DuBose said a month ago, they came in and talked to Mr. Line and Mr. Riddle, then later came with a representative of Safeway and talked with three of the Commission members about their plans. He said since then, he has heard that Safeway plans to locate on the property to the north of this property. Mr. DuBose said they plan to have several good tenants. . Chairman Tucker said there is already a large amount of C-l in that area. He said that is a mighty large piece of land they are requesting to be changed. Chairman Tucker said he did not have a problem with the commercial zoning, but felt it was too much acreage. ~ Page 15 p & Z Minutes June 14, 1984 . Mr. DuBose said they might not use the entire 600 feet; they could come back in and request other uses. Mr. Hannon said he felt 18~ acres for C-l was too much. He said he felt this was speculative zoning. Mr. Hannon said there are 30-40 acres in Watauga that are commercial; north, there are 44 acres commercial; and south, there are also acres of commercial. He said 18~ acres is as much as the Outlet Mall has. Mr. Hannon said he did not feel it would be bad to have residential there. He said that Chapman Road goes Denton Highway and that some of it is residential. Mr. Hannon said Hightower is also planned to go through to Denton Highway. . Mr. DuBose asked if the depth or width of the property was the problem. Mr. Hannon said he lives closer to Rufe Snow than most of the property in the request and doesn't see it as unusable. He said he did not feel there should be more commercial on Rufe Snow. Mr. Hannon said the Commission has heard a case on this property previously and it was denied. Mr. DuBose said he did not feel this was speculative zoning. Mr. Hannon said when he first talked to them, they indicated they would have Safeway store. He said even for a grocery store, one only needs 4 or 5 acres. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. . Barbara Davis, 6641 Dewsbury, came forward. She said she felt there should be no more commercial there and felt it should be residential. ~ Page 16 P & Z Minutes June 14, 1984 . James Cervine came forward. He said he was there to represent Safeway. He said they do have a site at Rufe Snow and Hightower, but they are not here to request the zoning be denied, but just wanted to clarify where the store will be located. Mr. Cervine said they are very pleased with the site they chose in North Richland Hills. . Steve Pierce, 6640 Dewsbury, came forward. He said he is opposed to this request because of the traffic. He said Chapman Road can not handle it. Mr. Pierce said he lives directly south of this property and he felt he would not be able to sell his house with this in front of it. He said there is a grade school to the north of this area and felt the traffic would be unsafe for the children. Mr. Pierce said there are drainage problems; the field is low and fills up and comes over the road now. He said you can go 3.2 miles and pass two major grocery stores and do not need any more. Tom Ellis, 11880 Greenvill Avenue, Suite 126, Dallas, Texas, came forward. He said they have recently purchased 26 acres at Rufe Snow and Hightower with the option to purchase the balance later. He said they do have contracts with Safeway and other retail and restaurants. Mr. Ellis said they plan to open in late 1985 with the balance developed in the next two years. He said he feels there is ample C-l in North Richland Hills. Chairman Tucker closed the Public Hearing. PZ 84-47 DENIED Mr. Hannon made the motion to deny PZ 84-47. This motion was seconded by Ms. Nash and the motion to deny carried 5-0. . ~ Page 17 P & Z Minutes June 14, 1984 . 11. PZ 84-48 Request of California-Texas Properties, Inc. to rezone a portion of Tracts 4A1 & 5, Stephen Richardson Survey, Abstract 1266, from their present classification of AG (Agriculture) to C-l (Commercial). This property is located at the northwest corner of Davis Boulevard and Green Valley Drive. This case was withdrawn prior to the meeting. 12. PZ 84-49 Request of California-Texas Properties, Inc. to rezone a portion of Tracts 4A1 & 5, Stephen Richardson Survey, Abstract 1266, from their present classification of AG (Agriculture) to R-7-MF (Mulit-Family) This property is located on the north side of Green Valley Drive, bounded on the east by Davis Boulevard, and on the north by the TESCO right of way. . This case was withdrawn prior to the meeting. 13. PZ 84-50 Request of California-Texas Properties, Inc. to rezone a portion of Tracts 4A1 & 5, Stephen Richardson Survey, Abstract 1266, from their present classification of AG (Agriculture) to R-6-T (Garden Homes). This property is located north of Green Valley Drive and west of Davis Boulevard. This case was withdrawn prior to the meeting. 14. PZ 84-51 Request of Loren Pelton to rezone a portion of Tract 14B, W. W. Wallace Survey, Abstract 1606, from its present classification of C-l (Commercial) to R-5-D (Duplex). This is a 124 foot strip of land located on the south side of Harwood Road, bounded on the south by Grapevine Highway, and is approximately 304 feet east of Colorado Boulevard. . ~ Page 18 p & Z Minutes June 14, 1984 . Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. Pelton came forward. He said he needs the 156 feet to be usable so they can have two sides with a street to Grapevine Highway. Mr. Schwinger asked if it will go from Harwood to Grapevine Highway. Mr. Pelton said it would. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak in opposition to this request, the Chairman closed the Public Hearing. . PZ 84-51 APPROVED Ms. Nash made the motion to approve PZ 84-51. This motion was seconded by Mr. Bowen and the motion carried 5-0. 15. AMENDMENT TO ORDINANCE 1080 Consideration of an amendment to the Zoning Ordinance No. 1080. Chairman Tucker said he would request the Commission postpone this until they have more time to study and re-write this amendment. Ms. Nash made the motion to table this request. This motion was seconded by Mr. Wood and the motion carried 5-0. ADJOURNMENT The meeting adjourned at 9:25 P. M. ¿1~c ~r CHAIRMAN PLANNING & ZONING COMMISSION . 7?J~ "" - (iV~- ~~ ~.J>--.,.. ?? I.,. ~:(./f.-e ./ / _ . SECRETARY PL~ING & ZONING COMMISSION