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HomeMy WebLinkAboutPZ 1984-11-08 Minutes ~ . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, NOVEMBER 8, 1984 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman, George Tucker, at 7:35 P. M. ROLL CALL PRESENT: Chairman Secretary Members George Tucker Marjorie Nash Don Bowen John Schwinger Mayor Councilwoman Engr/Tech P & Z Coordinator Dan Echols Virginia Moody Greg Wheeler Wanda Calvert ABSENT: Mark Wood Carroll Brents CONSIDERATION OF THE MINUTES OF OCTOBER 18, 1984 Mr. Schwinger made the motion to approve the minutes as written. This motion was seconded by Ms. Nash and the motion carried 4-0. . 1. PS 84-85 Request of North American Development for preliminary plat of Cardinal Lane Estates. PS 84-85 APPROVED Ms. Nash made the motion to approve PS 84-85 subject to the Engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 4-0. 2. PS 84-89 Request of the City of North Richland Hills for preliminary plat of Lots 3 thru 7, Block 17, Richland Hills West Addition. PS 84-89 APPROVED Mr. Schwinger made the motion to approve PS 84-89. This motion was seconded by Mr. Bowen and the motion carried 4-0. . ~ Page 2 P & Z Minutes November 8, 1984 . 3. PS 84-90 Request of the City of North Richland Hills for final plat of Lots 3 thru 7, Block 17, Richland Hills West Addition. PS 84-90 APPROVED Mr. Bowen made the motion to approve PS 84-90. This motion was seconded by Mr. Schwinger and the motion carried 4-0. 4. PS 84-91 Request of Jack Roseberry for replat of Lots 2R-1 & 2R-2, Block 13, Meadowview Estates. PS 84-91 APPROVED Mr. Bowen made the motion to approve PS 84-91. This motion was seconded by Ms. Nash and the motion carried 4-0. 5. PS 84-103 Request of Burk Collins Investments, Inc. for replat of Blocks 1 & 2, Fox Hollow Addition. . Since this is a replat in duplex zoning, Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Burk Collins came forward. He said this replat was needed to realign some lot sizes and utilities. Chairman Tucker stated the street, Fox Hollow Lane, needed to be changed to Holiday Lane. Mr. Collins said he would get that corrected. Chairman Tucker called for those wishing to speak in opposition to this replat to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. . ~ Page 3 P & Z Minutes November 8, 1984 . PS 84-103 APPROVED Mr. Schwinger made the motion to approve PS 84-193 subject to the Engineer's comments. This motion was seconded by Ms. Nash and the motion carried 4-0. 6. PS 84-104 Request of Harwood Plaza Apartment Joint Venture & Harwood Plaza Sic Joint Venture for replat of Lots 1R, 2, & 3, Block 1, Walkers Branch Addition. PS 84-104 APPROVED Mr. Bowen made the motion to approve PS 84-104. This motion was seconded by Mr. Schwinger and the motion carried 4-0. 7. PS 84-107 Request of Aubrey Brothers for replat of Flamingo Estates, Section II. . Since this is a replat in single family zoning, the Chairman opened the Public Hearing and called for those wishing to speak in favor of this replat to please come forward. Dick Perkins with Teague Nall & Perkins came forward to represent Mr. Brothers. He stated this replat was required to correct an error in the original survey. He said it changed a few lot sizes and realigned the street. Mr. Perkins said there was one item in the City Engineer's letter regarding requiring them to obtain the northern half of the Rumfield Road right-of-way from adjacent property owners. He said they request this be waived because at this time there are no immediate plans for the extension of Rumfield Road and would not know the exact alignment for the street. . ~ Page 4 P & Z Minutes November 8, 1984 . Chairman Tucker said he had no problems with the replat, but did not know if they should waive this item. He said there had been a recent problem with not requiring the right of way. Chairman Tucker said he would suggest they approve the replat subject to the Engineer's comments and let the City Council decide what to do. Chairman Tucker called for those wishing to speak in opposition to this replat to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. PS 84-107 APPROVED Mr. Bowen made the motion to approve PS 84-107 subject to the Engineer's comments. This motion was seconded by Ms. Nash and the motion carried 4-0. . 8. PS 84-108 Request of Cambridge Companies Dev. Corp. for replat of Lots lR, 2R, & 3R, Block 13, Snow Heights North Addition. PS 84-108 APPROVED Mr. Bowen made the motion to approve PS 84-108 subject to the Engineer's comments. This motion was seconded by Mr. Schwinger and the motion carried 4-0. 9. PZ 84-78 Request of Mary Jane Risk to rezone Lots 11 thru 14, Block 8, Richland Heights Addition, from their present classification of R-2 (Single Family District) to 0-1 (Office District). This property is located at the southeast corner of Rogan Drive and Booth Calloway Road. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . ~ Page 5 p & Z Minutes November 8, 1984 . Meto Miteff, Attorney, came forward to represent Ms. Risk. He stated she is requesting a change from single family to the most restrictive zoning classification, Office District. Mr. Miteff said Ms. Risk wishes to build clinics for doctors. He said since the hospital has been built, the area has changed. He said this land is not good for single family homes. Mr. Miteff said they wish to build 4 office buildings which would look like residential houses with interior parking. He said the area on the west side of Booth Calloway Road and south of the hospital will be developed into office buildings and parking. . Mr. Miteff said they feel this is the best use of this land. He said it is a very restrictive zoning. He said it does not allow a 7-11 store. Mr. Miteff said it would allow only professional offices, medical clinics, and veterinary clinic with no kennels. Mr. Miteff requested rebuttal time. Rudolph Royal, 7812 Arnold Terrace, came forward. He said he lives 4 doors from the North Hills Medical Hospital. Mr. Royal said he wanted to convince the Board that this would be an asset to the community. He said Ron Lusk tried to rezone this property for duplexes, but the coalition came in against it and it was turned down. Mr. Royal said he had rather have this in the neighborhood instead of a 7-11 or a dairy queen. He said these clinics would probably close a 5:00 or 6:00 P. M. and they would be through with the traffic. Mr. Royal said he was in favor of this request. . . . . ~ Page 6 P & Z Minutes November 8, 1984 Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. Ray McGuire, 7800 Arnold Terrace, came forward. He said he had lived in this area since 1962 and he planned to retire there. He said he moved to this area from Dallas. Mr. McGuire said he had seen some changes, one being the new hospital which was good. Mr. McGuire said even though they are asking for 0-1, it would be a commercial piece of property. He said traffic had increased 10 to 15 times as much. Mr. McGuire said he could not see how it could be of benefit to this neighborhood. He said they have never been bothered with robberies or major crimes. Mr. McGuire said it is already zoned for residential so why not develop it residential. He said he did not feel the land was worthless. He said there is plenty of land already zoned for this type of development. Mr. McGuire said he felt it was the dollar value. He said Dr. Risk sold two of the lots which now have two nice homes there. Janie Hernandez, 7801 Rogan Drive, came forward. She said she has grandchildren who plan in her yard. She said the traffic is already bad, so why not keep it residential. Frank Johnson, 7828 Arnold Terrace, came forward. He said he was in opposition to this request. Mr. Johnson said how would they like to have these clinics built beside their homes. He said the elderly walk in the early mornings and evenings and the traffic would be such that they would have to stop. Mr. Johnson requested the Commission protect their homes and this residential area. He said the 4 buildings will not look like homes, they will look like clinics. . . . ~ Page 7 P & Z Minutes November 8, 1984 Lawrence Vaughn, 4317 Ashmore Drive, came forward. He said this is spot zoning and block busting, then people would have to move out. He said he had lived there 22 years. Mr. Vaughn said he had received a letter from Ms. Risk stating no one would buy this property. He said when they put up a for sale sign, he called about it and they said they could handle the zoning. Ms. Rozell came forward. She said she lives along and is not afraid, but would be if they build these clinics. She said lets keep it a residential area. Carolyn Myers, 4313 Ashmore, came forward. She said she would like to know if the property is on contract or just who is going to build the clinics. Ms. Myers said clinics have drugs stored and she felt they would bring in more crime. Pat Myers, 4313 Ashmore, came forward. He said they had lived here 16 years and request the Commission turn this request down. Sam Hunter said he guessed he had lived there longer than anyone else because he had lived there for 30 years. He said they had prided themselves as living in a forgotten area of North Richland Hills. Mr. Hunter said he requests they turn this request down. Mary Jane Risk, 1113 White Lake Court, Fort Worth, came forward. She said she was recently divorced and lives in a townhome. She said she was married to a surgeon who's goal was to build a clinic here. Ms. Risk said she had been to several areas, one being Arlington, which had residential $150,000 homes with one story brick clinics and arranged parking. ~ Page 8 P & Z Minutes November 8, 1984 . Ms. Risk said this property is not on contract. She said she cannot afford to build a nice home. She said she is $333,000 in debt and she can not keep this land forever. Ms. Risk said you cannot get anyone interested in buying this property for residential which is across the street from the emergency room of the hospital. She said the only thing it can be used for is rental, duplex, or clinic property. Ms. Risk said she wrote letters to all the people in this area and some had asked her to redesign the site plan and she did, but they will not speak out now, they are afraid to. Ms. Risk said one person said they had not had any crime, but there were two killings on the hospital parking lot and one of them was her friend. . Ms. Risk said she would sell these lots for residential, but she cannot find anyone who will buy them. Mary Vaughn, 4317 Ashmore, came forward. She said she is against this request; there would be no way 4 buildings could be put there and handle the traffic. She said they have trouble getting out onto Booth Calloway now. Ms. Vaughn said as far as keeping the place neat, there has to be a complaint made before the lots are mowed. Ms. Vaughn said if Ms. Risk would get the price down, the lots would sell. Meto Miteff came forward. He said he would like to have the name of anyone who is interested in purchasing the lots. . Mr. Miteff said the plan for the clinics would not congest traffic and would be compatible with the area. He said there are 15 houses in this area that are rental properties. . . . ~ Page 9 P & Z Minutes November 8, 1984 Chairman Tucker said there had been a petition submitted with 16 out of the 22 property owner's in objection to this request. He said if this goes to the City Council, it would require 6 of the 7 voting affirmative to pass it. Chairman Tucker closed the Public Hearing. PZ 84-78 DENIED Ms. Nash made the motion to deny PZ 84-78. This motion was seconded by Mr. Schwinger. Mr. Bowen said this was a difficult case. He said he felt this would be allowing Commercial to intrude into single family. He said there are several commercial tracts which are undeveloped without making more. Mr. Bowen said money is not the Commission's prime concern. He said they have to decide the best use of the land and he is opposed to this request. Mr. Schwinger said he concurred with Mr. Bowen and he felt this was spot zoning. He said there are about 250 homeowners who stand to lose. Chairman Tucker stated he felt they should protect the citizens in older neighborhoods. He said he drove through this area and it is a well kept neighborhood with nice homes, none deteriorating. Chairman Tucker said he does not feel they should intrude into a residential area for a few people. He said it could, someday, change, but not now. The motion to deny carried 4-0. ~ Page 10 P & Z Minutes November 8, 1984 . RECESS Chairman Tucker called for a recess at 8:30 P. M. BACK TO ORDER Chairman Tucker called the meeting back to order at 8:45 P. M. with the same members present. 10. PZ 84-79 Request of Lynn H. & Francis V. Spencer to rezone Tracts 1 & IB, E.A. Cross Survey, Abstract 281, & Tract 3, William Cox Survey, Abstract 321, from their present classification of AG (Agriculture District) to C-1 (Commercial District). This property is located on the east side of Davis Boulevard, approximately 300 feet north of Odell Street. . Delbert Stembridge, Consulting Engineer, came forward to represent Mr. & Mrs. Spencer. He stated this property fronts on Davis which is not good for residential. He said the tract to the north of this property is already commercial and there is commercial across the street, also. Mr. Stembridge said they feel that commercial is the highest and best use of the land. He said they would have a screening fence around the property. Mr. Stembridge said they had been contacted by a prospect who wishes to build a shopping center on this property. Chairman Tucker asked if they plan to develop the property. Mr. Stembridge said if they get the zoning, they have a contract to sell the property. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. . Mr. Don Chaille, 8405 Timberlane Court, came forward. He said he was representing himself and 16 households or 59% of the property owners within 200 feet of the property in question who oppose this zoning request. ~ Page 11 p & Z Minutes November 8, 1984 . Mr. Chaille stated they had submitted a petition within 200 feet and another one with 180 signatures not within the 200 foot radius who also oppose this request. . Mr. Chaille stated they oppose the request for a number of reasons which relate directly to the value of their investment in their homes, potential physical damage to their property, the safety and security of their families, and the overall quality of life which they now enjoy and are determined to maintain. He said the map of the area shows that the property in question as well as the property north of it, which is already zoned commercial, is adjacent to or in close proximity to two of the nicest residential developments on the entire city. Mr. Chaille said the property values of the homes in this area on both side of Davis Boulevard will suffer with commercial development. He said what they face is a handfull of individuals will make a great deal of money on the sale and development of this property at the expense of hundreds of residents who live there 365 days a year. He said these residents will be left holding the bag with not only depressed property value, but a dramatic decline in every aspect of the quality of life which will be endured every day of the year. . Mr. Chaille stated the quality of life in regard to their homes and surrounding area encompasses many things: 1. Increased traffic congestion. He said the increased traffic on Davis Boulevard in the past few years is apparent to anyone who has lived here for a short time. He said Davis Boulevard is not designed to handle traffic of this magnitude. Mr. Chaille stated there were two schools and several churches in this area and there are a number of children who walk along Davis Boulevard. He said we should not compound this serious problem by approving this development. ~ Page 12 p & Z Minutes November 8, 1984 . Mr. Chaille said additional streets in Stoneybrook could possibly be connected to Davis Boulevard thereby opening up their residential streets to transient non-residential traffic. 2. Safety: Mr. Chaille stated they now live in a relatively safe area now and parents feel comfortable allowing their children to play in the streets. He said resident drivers are familiar with the neighborhood and drive accordingly. He said with the additional influx of non resident traffic would severely diminish the safety and well being of their families. . 3. Mr. Chaille said Video arcades and other negative influences will be in easy walking distance of children from their homes in addition to the additional exposure when enroute to and from schools. 4. He said regardless of how good the sanitation code is or how strictly it is enforced, commercial developments create conditions which attract rats that cause health hazards by this vermin. 5. Mr. Chaille said there would be problems created by the disruption of water drainage and the ability of the area to absorb the rainfall with this added development and this giant blacktop and asphalt. . Mr. Chaille read from the zoning ordinance the purpose of zoning: "The purpose of this ordinance is to zone the entire area of the City of North Richland Hills into districts in accordance with a comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the general public. The regulations and districts herein established have been designed to ~ Page 13 P & Z Minutes November 8, 1984 . lessen congestion in the streets; to provide safety from fire, panic, and other dangers; to provide adequate light and air, to prevent the overcrowding of land, to avoid undue consentration of populations, to provide and facilitate adequate provisions for transportation, water, sewerage, schools, parks, and other public requirements." Chuck Geserick, 8400 Brookhaven, came forward. He said he is in opposition to this request. He said he was concerned that the residential streets would go through to Davis Boulevard. Mr. Geserick said there were lots of trees on this property which would be ideal for residential property. . Pollard Rogers, Attorney, came forward to represent Ms. Donnelly and Ms. Chaison. He requested a postponement of the request until more information is available. Mr. Rogers said their property would probably be developed for single family. James Bennett, 7120 Stonybrooke, came forward. He said he lives next to the creek and 20% of the property in his area is low. He said he is an engineer and has studied the hydrology. Mr. Bennett said this proposed development would increase the runoff 20 to 30% and there would be definite damage to their property. . Kathy Lawlor, 8400 Timberline Court, came forward. She said she had a prepared speech, but Mr. Chaille covered most of the points she had. She said did not see why Mr. Spencer wanted to sell his land for commercial because it would be a great area for residential and could be a beautiful asset to North Richland Hills. Ms. Lawlor said there is already plenty of commercial. ~ Page 14 P & Z Minutes November 8, 1984 . Ms. Lawlor said she went to the houses getting signatures and out of 200 only one man refused to sign; he wanted to put a stop and go there. Mr. V. L. Gibson, 8333 Odell Street, came forward. He said he was a believer in the Master Plan and he did not believe in spot zoning and his neighbors believes the same way. Mr. Gibson said North Richland Hills has lots of open land and should be careful not to zone it commercial. He said he would like to see it go residential. Gerald Graff, 6964 Cox Lane, came forward. He said North Richland Hills needs another shopping center like they need a hole in the head. He said Rufe Snow has one on every corner and in between. . All who were in opposition to this request stood up and three-fourths of those in the council chamber were in opposition. Chairman Tucker closed the Public Hearing. PZ 84-79 DENIED Ms. Nash made the motion to deny PZ 84-79. This motion was seconded by Mr. Schwinger. Mr. Bowen said he did not feel there was a need for this much commercial. He said it would generate lots of traffic. Mr. Bowen said, at this time, they do not have any thoroughfares but maybe someday they would have a master plan which would show Holiday Land and Precinct Line Road being major thoroughfares to help Davis Boulevard with the traffic. Chairman Tucker said that in 5 to 7 years, Davis Boulevard would be a major carrier. . ~ Page 15 p & Z Minutes November 8, 1984 . Chairman Tucker stated he was not opposed to the commercial zoning because North Richland Hills will change in the next 10 years, it will be a fully developed city, but there is already commercial in this area that is not developed. He said he would not be opposed to some land along Davis Boulevard being commercial, but not all of it. Mr. Schwinger said, in regard to the drainage, even if the zoning was granted, the city staff and city engineer would not allow them to build until provisions for the drainage had been made. The motion to deny carried 4-0. 11. PZ 84-80 Request of Arnold V. Pent, III to rezone a portion of Tract 3A2, William Mann Survey, Abstract 1010, from its present classification of AG (Agriculture District) to C-1 (Commercial District). 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. Taylor Gandy, Attorney and co-owner and co-developer, came forward. He stated they have this property under contract. He said there are 12.1 acres which fronts on Rufe Snow Drive. Mr. Gandy stated they have a preliminary site plan for this area which has a 400 foot depth on Chapman Road. . Mr. Gandy said the tract to the north where plans are to build a Safeway is commercial and is approximately one-third deeper than their tract. He said they do not expect a large anchor type grocery, but hope to have a medium size tenant such as a Monnigs. ~ Page 16 P & Z Minutes November 8, 1984 . Mr. Gandy said they feel this is the logical use for this property and requests the Commission approve this request. Mr. Gandy asked for rebuttal time if needed. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. Bob Treat with Ellison Development came forward. He said they are the owner of the property to the north and feels they have sufficient retail for the area. Mr. Treat said they already have a lot of their retail space filled. He said they would like to see Multi-Family on this tract. . Barbara Davis, 6642 Dewsbury, came forward. She said she felt there is too much commercial and does not feel they need anymore traffic. Mr. Gandy said he knows there is a lot of commercial, but Rufe Snow is a commercial street. He said they did a market study for this property and it said this site would be leased out with no trouble. Mr. Gandy said he felt this was the best use of this property because it is on a major northlsouth artery. He said it would not be good to have residential fronting on Rufe Snow and do not feel it would be good for multi-family use. Mr. Gandy said they request the Commission approve the commercial zoning. Chairman Tucker closed the Public Hearing. PZ 84-80 APPROVED Mr. Schwinger made the motion to approve PZ 84-80. This motion was seconded by Mr. Bowen. . ~ Page 17 P & Z Minutes November 8, 1984 . Mr. Bowen said he would not be for Multi-Family; there is plenty Multi-Family in this. He said since Rufe Snow is a major thoroughfare, he feels this is the best use of the property. Chairman Tucker stated that in the proposed Master Plan, Rufe Snow will be widened to Wilson Lane and this is a prime commercial corridor. He said as far as traffic, we will always have traffic. Chairman Tucker said this Commission has turned down requests on this corner several times because of the size of the commercial requested, but he feels this is the proper size. The motion to approve carried 4-0. 12. PZ 84-81 Request of Arnold V. Pent, III to rezone a portion of Tract 3A2, William Mann Survey, Abstract 1010, from its present classification of AG (Agriculture District) to R-6-T (Townhouse & Garden Home District). This property is located on the north side of Chapman Road, approximately 400 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. . Taylor Gandy, Attorney and co-owner of this property came forward. He said he represents Mr. Pent and himself. Mr. Gandy stated this is 22 acres fronting on Chapman Road and just east of the previous request. He stated this would be townhomes with medium density to serve as a buffer between the commercial tract to the west and the residential tract to the east. Mr. Gandy said he felt the site plan would be compatible; it would be 10 units per acre, a swimming pool and a club house. ~ Page 18 P & Z Minutes November 8, 1984 . Mr. Gandy stated this is not a multi-family apartment request, it is single family attached. He said there would be screening fences. Mr. Gandy requested the Commission grant the R-6-T zoning request. Mr. Gandy requested rebuttal time if needed. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. . Chairman Tucker said the Commission has studied this site plan and welcome this development. He said it can be very attractive, but there is one small problem, they feel there needs to be more open space. Chairman Tucker said he recommends the Commission postpone any decision and work with the developers on a site plan that they would feel better about granting. Mr. Gandy said they must close out on the land in January and would like to request the Commission approve the request subject to minor changes. Chairman Tucker said they do not mind calling a special meeting. Mr. Gandy said that would be satisfactory. Chairman Tucker said they would have a special worksession Tuesday, November 13th at 6:00 P. M. PZ 84-81 POSTPONED Mr. Bowen made the motion to postpone PZ 84-81. This motion was seconded by Ms. Nash and the motion carried 4-0. . ~ Page 19 P & Z Minutes November 8, 1984 . ADJOURNMENT The meeting adjourned at 9:40 P. M. ¿£J~e C ~r CHAIRMAN PLANNING & ZONING COMMISSION ~ '- ~~~ ~-' ~ . (.,--7.1 . . ..., ¡/ )L.~: ,-' \. / 4 _ . SECRETARY PL ING & ZONING COMMISSION . .