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HomeMy WebLinkAboutPZ 1983-04-28 Minutes . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APRIL 28, 1983 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman, George Tucker, at 7:38 P.M. ROLL CALL PRESENT: CHAIRMAN MEMBERS ALT. MEMBER ASST. DIR. PW/U P & Z COORDINATOR George Tucker Don Bowen Mark Wood John Schwinger Allen Bronstad Wanda Calvert ABSENT: Marjorie Nash Mark Hannon CONSIDERATION OF THE MINUTES OF SPECIAL MEETING OF MARCH 21, 1983 Mr. Schwinger made the motion to approve the minutes as written. This motion was seconded by Mr. Wood and the motion carried 4-0. . CONSIDERATION OF THE MINUTES OF MARCH 24, 1983 Mr. Bowen made the motion to approve minutes as written. This motion was seconded by Mr. Wood and the motion carried 4-0. Mr. Bowen made a motion to move item #8, PZ 83-25, to the top of the agenda. This motion was seconded by Mr. Schwinger, and the motion carried 4-0. 8. PZ 83-25 Request of W. Brown Custom Builders, Inc. to rezone some tracts in W.A. Trimble Survey, Abstract 1520, R.P. Barton Survey, Abstract 175, and T. Akers Survey, Abstract 19, from their present classifications of Planned Development, Agriculture, and Local Retail to proposed classifications of Multi-Family, Planned Development, and Specific Use-Golf Course. This property is located on the south side of Northeast Loop 820 and is bounded on the east by Meadow Lakes Addition and on the south by Fossil Creek Trails Addition. . Page 2 P & Z Minutes April 28, 1983 . PZ 83-25 POSTPONED Mr. Bowen made the motion to postpone PZ 83-25 until May 19, 1983 at 7:30 P.M. since, at present, the Commission does not have enough information to approve the request, they would have no choice but to deny this request. He said the developer has requested it be postponed to give him time to provide the Commission with the information needed. . Chairman Tucker said the Commission would like to have a minimum of two workshops regarding this matter and the citizens are welcome to attend. He said the way the plan is now, the density is slightly high, the traffic problem is horrendous. Chairman Tucker said the developer has been working with the State Highway Department to see if there can be anything done on 820 to eliminate some of this problem, and the developer has stated some willingness to change the density. Chairman Tucker said the Commission feels it is only fair to postpone this request until May 19th, but said the Commission solicit the citizen's input; this is a Planned Development and should be planned to be a benefit to the city instead of a detriment. Mr. Schwinger seconded the motion and the motion carried 4-0. Chairman Tucker stated this case will be heard on May 19, 1983 at 7:30 P. M. and there will be no further notifications, but you can call Mrs. Calvert as to when the workshops will be held. 1. PS 83-34 Request of Northeast Construction Company for replat of Lots 13A thru 23B, Block 26, and Lots 8A thru 17B, Block 33, Holiday West Addition, Section 8. . Chairman Tucker said since this is a replat in duplex zoning, they must hold a Public Hearing. He opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. ~ ~ Page 3 P & Z Minutes April 28, 1983 . Ron McGoo came forward to represent Northeast Construction Company. He said they are requesting this replat to allow dual ownership. Mr. Schwinger asked if they agree to the City Engineer's comments. Mr. McGoo said they do. The Chairman 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 83-34 APPROVED Mr. Wood made the motion to approve PS 83-34 subject to the Engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 4-0. 2. PS 83-36 Request of J. W. Shaunty for preliminary plat of Lots 5 thru 7, Block 1, Henry Addition. . 3. PS 83-37 Request of J. W. Shaunty for final plat of Lots 5 thru 7, Block 1, Henry Addition. Delbert Stembridge, Consulting Engineer, came forward to represent Mr. Shaunty. He said they had received the City Engineer's comments and take no exception to them. PS 83-36 APPROVED Mr. Bowen made the motion to approve PS 83-36 subject to the Engineer's comments. This motion was seconded by Mr. Schwinger and the motion carried 4-0. PS 83-37 APPROVED Mr. Wood made the motion to approve PS 83-37 subject to the Engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 4-0. 4. PS 83-39 Request of Danna Rothlisberger and Don Hamrick for replat of Lots llR-l and lIR-2, Block 1, Crestwood Estates. . Page 4 P & Z Minutes April 28, 1983 . Chairman Tucker said since this is a replat in duplex zoning, he would open the Public Hearing and called for those wishing to speak in favor of this replat to please come forward. Mr. Rothlisberger came forward. He said they need this replat to allow dual ownership of their duplex. Mr. Wood asked if the construction was such for dual ownership. Mr. Rothlisberger said it was. He said they thought the lot was still split until recently. The Chairman 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 83-39 APPROVED Mr. Schwinger made the motion to approve PS 83-39 subject to the Engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 4-0. 5. PS 83-40 Request of Allison and Henry Contractors for replat of Lot 10R, Block 2, Jack M. Estes Subdivision. Delbert Stembridge came forward to represent Allison and Henry. He said TESCO had requested easements on the north and south sides of this property, but after talking with them, they stated they did not need the one on the south side. Mr. Bronstad asked if they had agreed to give the additional right of way as requested in the City Engineer's letter. . Mr. Stembridge said they had agreed to all the City Engineer's comments, including paying the pro rata. Page 5 P & Z Minutes April 28, 1983 . PS 83-40 APPROVED Mr. Wood made the motion to approve PS 83-40 subject to the Engineer's comments. This motion was seconded by Mr. Schwinger and the motion carried 4-0. 6. PS 83-41 Request of William R. Carson for replat of Lots AR-l, AR-2, AR-3, and AR-4, Calloway Addition. Steve Roberson with Brookes Baker Surveyors came forward to represent Mr. Carson. He said they had received the City Engineer's letter and the corrections have been made. Mr. Roberson gave the corrected plats to Mrs. Calvert. PS 83-41 APPROVED Mr. Bowen made the motion to approve PS 83-41 subject to the Engineer's comments. This motion was seconded by Mr. Schwinger and the motion carried 4-0. . 7. PZ 83-24 Request of Tommy and Sue Brown with B & B Pest Control to rezone Lots 2R-l and 2R-2, Block 1, Jack M. Estes Subdivision, from their present classification of Local Retail to a proposed classification of Commercial. This property is located on the east side of Rufe Snow Drive and is approximately 200 feet south of Glenview Drive. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this zoning request to please come forward. . Bob Brady, Real Estate Agent, came forward to represent Mr. & Mrs. Brown. He said because of the nature of the changes in that neighborhood, they feel the present zoning is not suitable for Local Retail or Residential zoning; the traffic which exists and the existence of the businesses there, insurance company, gasoline station, pizza store and even the city's maintenance and storage garage. Page 6 P & Z Minutes April 28, 1983 . Mr. Brady said they were not requesting this for speculative zoning, they have specific use for this land. He said Mr. Brown plans to use one of the lots to relocate his business from his present location on Flory Street. Mr. Brady showed the site plan and floor elevation for this lot to the Commission. Mr. Brady said the other lot is under contract, contingent on getting this rezoning, with Tommy Powell who is doing business as Otis Gothard Exxon. He said Mr. Powell plans to build an automotive maintenance and service building on this lot. Mr. Brady showed the Commission the site plan and floor elevation for this lot. Mr. Brady said under the new Proposed Zoning Ordinance, this area would be classed as "Commercial-2 or C-2". . Mr. Brady said he feels this would be an asset to the city and the neighborhood. Mr. Wood asked how soon they would start construction. Mr. Brady said both Mr. Brown and Mr. Powell should get started by early June. The Chairman 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. Mr. Wood said this area is shown on the Proposed Zoning Map as Commercial and he feels this is an appropriate zoning. . PZ 83-24 APPROVED Mr. Wood made the motion to approve PZ 83-24 as requested. This motion was seconded by Mr. Schwinger and the motion carried 4-0. Page 7 P & Z Minutes April 28, 1983 . 8. PZ 83-25 This request was moved to front of the agenda. 9. PZ 83-26 Request of Randy & Vicki Stewart to rezone Lot 1, Block 31, College Hill Addition, from its present classification of Local Retail to a proposed classification of Local Retail-Specific Use-Sale of Beer for off-premise consumption. This property is located at the intersection of Smithfield Road and Davis Boulevard. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Randy Stewart came forward. He said they need this zoning change for off-premise beer license. Mr. Wood asked how old the store was. . Mr. Stewart said he was just purchasing it and it had been closed for some time. Chairman Tucker asked why he felt he needed this request, would he not open the store if he did not get this Specific Use zoning. Mr. Stewart said he wanted to open a convenience store and service station and he felt that it was just as important to sell beer as cigarettes. Mr. Wood asked how far was it to the nearest store that sells beer. Mr. Stewart said about half a mile. Mr. Schwinger asked what the store was now. Mr. Stewart said it was once a convenience store and service station, but was closed down now. . Chairman Tucker asked if he owned this property. Page 8 P & Z Minutes April 28, 1983 . Mr. Stewart said he has already purchased it. The Chairman called for those wishing to speak in opposition to this request to please come forward. C. L. Barnett, 7201 Smithfield Road, came forward. He said he lives across Smithfield Road from this property. Mr. Barnett said it was previously a carpet store and has not been a convenience store in many years, but when it was a convenience store, they did not have off-premise beer available in North Richland Hills. Mr. Barnett said this property is located at one of the busiest intersections in North Richland Hills, at Smithfield Road and Davis Boulevard, and there have been many accidents at this intersection. . Mr. Barnett said at the time this property was annexed by the City of North Richland Hills, it was a self service station with an above ground tank on it. He said at the time he built his home there, the City Council, at that time, said that as soon as that business was gone they would not permit another business to be on that property because it is a vary small pie-shape tract which has been cut off of a larger tract. Mr. Barnett said since they the permanent building there, there have been problems, people coming in from both streets, people cutting through the property to Davis Boulevard. He said there had been many accidents, not just at the intersection, but people have had accidents coming out of the property at the store even to the point of knocking one of his brick columns down and running up into his yard. . Page 9 P & Z Minutes April 28, 1983 . Mr. Barnett said if they would check the records, they would find there is a 7-11 store located about two tenths of a mile from this location and another one a block further down Davis Boulevard, all offering beer for sale. Mr. Barnett said the neighbors feel the sale of beer is not necessary at this location and it is contrary to the original zoning of this property. He said he was requesting the Commission deny this zoning request on the fact that it would be a public nuisance. Chairman Tucker asked Mr. Barnett if he was aware that Mr. Stewart could go ahead and have a convenience store now. Mr. Barnett said he was aware of that. Planning and Zoning Commission member, Mark Hannon, came in at 8:10 P. M. . Joe Barnett, 6000 Davis Boulevard, came forward. He said they had just heard his brother speaking in his interest on the west side of the property in question, and Mr. Barnett said he was speaking in the interest of himself, his father, and the citizens of North Richland Hills. Mr. Barnett said Davis Boulevard is a major thoroughfare to the growth of North Richland Hills and the Commission's decision could turn it into another Jacksboro Highway, or it could preserve the dignity and future growth of our community. . Mr. Barnett said he and his father own approximately one-half mile of frontage along Davis Boulevard, starting at La Casita Mobile Home Park going north. He said they have a prime piece of land and are interested in the best use of the land, and they do not feel another Jacksboro Highway would serve their interest nor the interest of the citizens of North Richland Hills. Page 10 P & Z Minutes April 28, 1983 . Mr. Barnett said he would question the legality of serving off premise beer at this location since across the street is the beautiful facility of College Hill Assembly of God Church. He said they have a very beautiful campus or yard, and they spend many hours keeping it that way. Mr. Barnett said the church's driveway comes into Smithfield Road at the Davis Boulevard intersection. Mr. Barnett said he would like to list the different establishments on Davis Boulevard which offer beer for sale. They are as follows: 7-11 Store Stop and Go 7-11 Store Texaco at Cardinal Road Quick Way Harrington's Green Valley . Mr. Barnett said after putting in the traffic light at Emerald Hills Way and with the narrowing of Davis Boulevard, he became concerned with the many accidents that happened there with people running off that culvert and also at Davis and College Circle. Mr. Barnett said he could get no cooperation with the City of North Richland Hills so he went to the State Highway Department and through his efforts, the State has extended that culvert and improved the highway. . Mr. Barnett said about three weeks ago, Gene Riddle called him and said he needed to talk to him, that the State Highway Department had agreed with the city that there should be another lane added on the east side of Davis Boulevard. Mr. Barnett said he believes they have tentatively approved the widening of Davis Boulevard on the east side which will increase the hazard of traffic at the location in question. Page 11 P & Z Minutes April 28, 1983 . Mr. Barnett said off-premise consumption in North Richland Hills is a fallacy. He said he sat this afternoon at a 7-11 store and watched. He said kids would come out of there in their jacked-up Ford, cutting across three lanes of traffic, with a cigarette between two fingers and a Coors in their hand. Mr. Barnett said the City of North Richland Hills and this Commission have the authority and responsibility to see that we do not create a hazard by promoting off-premise sale of beer at this most hazardous location. Mr. Wood asked if he was against the sale of beer because of the traffic hazard or against it because there were several already offering it for sale in the area. . Mr. Barnett said although he does not drink, he does not impose his feelings on others. He said when the 7-11 at College Circle moved across the street to their new facilities, he received a letter because he owns property close to it, but you did not see him at the meeting. Mr. Barnett said he did not wish to oppose it; therefore, he did not come to the meeting. Mr. Barnett said his issue was not a moral or immoral issue, it is the safety of people at this location; it is a very dangerous location there. He said he feels the City Staff should check to see how much ingress-egress they have there, they should set a curb and require them to go in and out at a certain driveway. . Rev. Ervin Asiatico, Pastor of College Hill Assembly of God Church, came forward. He said they are opposed to this request basicly for the same reasons as already mentioned. Rev. Asiatico said they have a Day Care at their church and they have a hard time getting in and out of their driveway as it is. He said he is afraid ~ Page 12 P & Z Minutes April 28, 1983 . someone is going to be killed there and it could be one of the small children they care for or their mother going to and from their day care. Rev. Asiatico said early in the morning, the traffic is backed up on Smithfield Road to Watauga Road. He said they have had several accidents which were not turned in the police department; they have run across their yard, torn down fences and torn down some poles they have up to keep people from driving across their property. Rev. Asiatico stated there were 19 or 20 people from his church present who are in opposition to this request. He asked them to all raise their hands. Rev. Asiatico said also, with the widening of Davis Boulevard ending at this area, and with the selling of off-premise beer at this location, you are asking for trouble. . Rev. Asiatico said they already have a trash problem and it would get even worse. He said with the Green Valley Raceway traffic, one can hardly get into their church drive. He said also, when someone comes down Smithfield Road, they look back to see what is coming, but do not look to see if anyone is coming from their drive. Rev. Asiatico said he has a petition signed by several property owners in the area. He presented the petition to Mrs. Calvert. The Chairman closed the Public Hearing. Mr. Hannon asked Chairman Tucker since he came in after this request was being heard, would it be proper for him to be allowed to vote. Chairman Tucker said he would not be eligible to vote on this request. . Chairman Tucker said the distance here does meet the State Law requirement, but he agrees with these people who ~ Page 13 P & Z Minutes April 28, 1983 . are opposed to this request since he personally almost got hit twice at this intersection. Mr. Bowen said there is a traffic problem there, but the traffic is going to be there either way, he is not sure if it would make it worse if you sell beer there or not. Mr. Hannon said even though he can not vote on this matter, he would like to make a comment. He said the traffic is very bad at the present time and any intense use of this property would make an intolerable situation. Mr. Wood said he tends to agree with Mr. Hannon, and even though the subject can have a convenient store there whether he can sell beer or not, it would create less traffic if he did not have a convenient store and considered other types of business. . PZ 83-26 DENIED Mr. Schwinger made the motion to deny PZ 83-26. This motion was seconded by Mr. Wood and the motion to deny carried 3-1 with Mr. Bowen voting against denial and Mr. Hannon abstaining since he was not present at the beginning of this request. 10. PZ 83-27 Request of Jack S. Cook to rezone Tract 2GIA, John McComas Survey, Abstract 1040, from its present classification of Agriculture to a proposed classification of 2F-9-Two Family Dwellings. This property is located on the north side of Odell Street and approximately 282 feet west of Smithfield Road. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Delbert Stembridge came forward to represent Mr. Cook. He said Mr. Cook has approximately one-half acre which he has owned for about three years and he wishes to build two duplexes on it. Mr. Stembridge said they request the Commission approve this request. Page 14 P & Z Minutes April 28, 1983 . Chairman Tucker asked why they are requesting 2F-9 for duplexes in the middle of single family. Mr. Stembridge said it was due to the economics and he had rather build duplexes than single family homes. Chairman Tucker asked Mr. Stembridge if they were aware they would have to extend the sewer to serve this property. Mr. Stembridge said they would take care of this in the platting process. Leonard Flory, 6933 Payte, came forward to represent his daughter who owns property directly east of this property. He said they were not sure of they are for or against this request. Mr. Flory said they would be in favor of it it they could get the same zoning on their property also. . Mr. Wood said each case has to be heard on it's own merits. Chairman Tucker said that was correct. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. Doris Crossland, 7816 Daniel Drive, came forward. She said she is against this, there is single family all around there; it would cause the property value to go down. Ms. Crossland asked if this was to be rental property. Chairman Tucker said it probably would be since they have not asked for separate ownership. . Ms. Crossland said they would have to consider how many people would be coming in and out, who would keep it up and who would be renting them. She said she feels it should be kept single family residences. Page 15 P & Z Minutes April 28, 1983 . Mr. Wood asked how close she lives to this property. Ms. Crossland said her property is directly behind this property. . Charles Leverton, 7816 Odell Street, came forward. He said he lives directly across the street from this property, and he is representing himself and several of his neighbors who could not attend. Mr. Leverton said they were all strictly against this proposal because this is a single family area, all houses on this street and Daniel Street are single family residences. He said they have no objection to single family homes being built in this area, they had rather have them than unkept lots. Mr. Leverton said there is no city sewage available for this area; the line that runs to that side of the street is only a 4 inch line which will not carry any other housing. He said on the south side of the street where he has lived for eleven years, he has not been able to obtain sewer for himself and he doesn't see how a new owner could get it. Mr. Leverton said he had called the city staff several times requesting sewer service and they would promise to come out, but that has been over a year and they have never come out. Mr. Leverton said the land sure would not pass a perk test; he said he has carpet laying outside right now where he has hah his commode to overflow. He said he would sure like to be notified if sewer is available for him. He said he wife's Grandmother lives at the northwest corner of Odell Street and Smithfield Road and it was their understanding that the sewer line was put 25 feet under the middle of Smithfield Road and there were no outlets put in for anyone on Smithfield Road. Mr. Leverton said the city allowed Northeast Wrecker Service to open just around the corner from this property and they have no sewage, not even a port-a-pot. He said there were no zoning notices sent out on that. . Page 16 P & Z Minutes April 28, 1983 . Mr. Leverton said Mr. Stembridge stated this request was because of the economics, but is is just from on economic standpoint of the owner, not the ones living there. He said there would be lots of transients who change oil in their driveway, with garbage everywhere, and with no thoughtful care of the area. Mr. Leverton said he felt it should stay single family. John McBroom, 7808 Odell Street, came forward. He said he lives three houses down from this property. He said this area has a country setting and duplex zoning would be completely out of the concept of the area. Mr. McBroom said they only have an inch and a half water line and with that much addition, there would have to be something done. He said unknown to the city, there was a six inch sewer line put in with no man hole cleanout. . Chairman Tucker asked if the sewer line runs on the south side of the street. Mr. McBroom said it did. He said there are a lot of duplexes being built in North Richland Hills, but they are usually in a group, not mixed in the middle of single family. Doyle Newbrough, 7820 Daniel Drive, came forward. He said he lives directly behind the said property and he is opposed to this multi family dwellings since this is a single family area. Mr. Newbrough said there are plenty apartments already. He said he is also opposed to it for the same reasons as the others have state. The Chairman closed the Public Hearing. . Chairman Tucker said he drove out to this area and found it to be a very pleasant, well kept area; there was a new single family home being built on the south side of Odell Street. He said he felt if the Commission approved this request, it would be a classic example of spot zoning. ~ Page 17 P & Z Minutes April 28, 1983 . Charles Irving, 7816 Odell Street, asked if he could speak. He said the city has forgotten them in this area; when they sweep the streets, they forget them; when they spray for mosquitoes, they forget them; when they repair the streets, they forget them; but when they collect taxes, they don't forget them. PZ 83-27 DENIED Mr. Bowen made the motion to deny PZ 83-27. This motion was seconded by Mr. Schwinger and the motion to deny carried 5-0. RECESS Chairman Tucker called a recess at 8:45 P. M. BACK TO ORDER Chairman Tucker called the meeting back to order at 8:50 P. M. with the same members present. 11. PZ 83-28 Request of Wayne E. Waters to rezone Tract 2C, J. B. Edens Survey, Abstract 499, from its present classification of Agriculture to a proposed classification of IF-9-0ne Family Dwellings. This property is located east of Stonybrooke Drive at the end of Hightower Drive and is approximately 866 feet west of Eden 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 came forward to represent Mr. Waters. He said they are requesting a rezoning from Agriculture to IF-9 to allow development of four lots. The Chairman called for those wishing to speak in opposition to this request to please come forward. . Bruce Auld, Attorney with offices at 669 Airport Freeway, Suite 309, Hurst, came forward. He said he was representing Mr. & Mrs. Daniel Curry who are opposed to this request as well as other property owners in the area. Page 18 P & Z Minutes April 28, 1983 . Mr. Auld said he had a petition signed by 22 property owners in the area who are opposed to this request. He said their objections were that it would completely break the continuity of the homes in Stonybrooke. Mr. Auld said the homes in the area are 1400 to 1600 square feet, the ones on Hightower are 1500 square feet. He said the lots look smaller than the other ones there. He said if this zoning goes through, it would allow smaller lots and smaller houses. . Mr. Auld said he lives in Richland Hills and is a councilman there, and he understands they must consider if this is the highest and best use of this land, but you can turn this down tonight and they can go back to the drawing board. He said the way it stands now, it would allow too small houses and the lots would be only half or two thirds as deep as the adjoining lots. Mr. Auld said without doing any studying, he felt it would place the houses there adjacent to the front yard of the Curry's as well as everyone else. Mr. Auld said you could see on the petition that the ones who signed it are not opposed to more development there, but they are opposed to the small houses, and they feel they are trying to squeeze too may houses on too little land. Chairman Tucker stated that the present zoning for Stonybrooke Addition is IF-9 and they are asking for IF-9. He asked Mr. Auld if he was asking the Commission to deny this request when it is the same. Mr. Auld stated he was not aware it was the same zoning, but he did not feel they should allow a 1300 square foot house next to a 1500 square foot house. . Page 19 P & Z Minutes April 28, 1983 . Mr. Wood said the building line would be the same as required for the Subdivision, also. Mr. Auld said they are squeezing too many in this small area. Mr. Hannon said their smallest lot shows to be 11,000 square foot and the requirement for IF-9 zoning is 9,500 square feet. Mr. Auld said the house size was the most important factor. Chairman Tucker said the zoning on Stonybrooke Addition is IF-9 with the stipulation that 20%-1600 square feet, 20%-1500 square feet, and 20%-1400 square feet. . Palmer Hoffner, 7300 Stonybrooke, came forward. He said there were rumors going round that they were going to build 1,100 square foot houses. Mr. Hoffner said he felt 1,300 square foot homes would be different. He said he felt the people would be in favor of it if it were consistent with the ones there. He said he doesn't think they are against the development, but if the Commission approved this request, it would benefit the developer, not the people. Mrs. Waters came forward. She said they had owned this property for a long time. She said they are not sure what size houses they will build here. Mr. Hannon asked if they would agree to a minimum of 1500 square feet. Mrs. Waters said they would. Mr. Auld said the property owners would accept that. PZ 83-28 APPROVED Mr. Hannon made the motion to approve PZ 83-28 with the stipulation that the houses be a minimum of 1500 square feet. This motion was seconded by Mr. Bowen and the motion carried 5-0. . ~ Page 20 P & Z Minutes April 28, 1983 . 12 PS 83-38 Request of Wayne E. Waters for preliminary plat of Lots 26 thru 29, Block 15, Stonybrooke Addition. Delbert Stembridge came forward. He stated they had received the City Engineer's comments and take no exception to them. Chairman Tucker said Hightower Drive is an 80 foot right of way and you have only showed a 15 foot dedicated right of way. Mr. Stembridge said he would correct this. Chairman Tucker asked if they were aware they would have to put in half of the street. Mr. Stembridge said they understand that. . Mr. Hannon asked if the city pays for the oversized street. Chairman Tucker said he believed they did. PS 83-38 APPROVED Mr. Wood made the motion to approve PS 83-38 subject to the Engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 5-0. 13. PZ 83-29 Request of Southland Financial Services, Inc. to rezone Tract 1, John Condra Survey, Abstract 311, from its present classification of IF-9-0ne Family Dwellings to a proposed classification of IF-8-1500-0ne Family Dwellings. This property is located on the east side of Rufe Snow Drive and is approximately 425 feet north of Starnes Road. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Page 21 p & Z Minutes April 28, 1983 . Jim Harris with Southland Financial came forward. He said this would be an additional phase of Foster Village. He said this property has been zoned for 10 years, but they are requesting this change because of demographics and need to keep the cost of the lots down, but keep the house size the same. Mr. Harris said there is IF-8 zoning on some property to the south next to the school and there is also some duplex zoning to the south. He said the property to the west is 6,000 square foot lots. Mr. Harris said they plan to keep a buffer of IF-9 to the south, but will develop it at the same time as this property. Mr. Wood asked how many additional lots this change would make. . Mr. Harris said there would be approximately 19 additional lots. Mr. Hannon asked if this property was platted. Mr. Harris said they platted this property, but because of a drainage problem down stream, it was never recorded. He said they have worked with the city in getting the needed easements and believe this problem has been worked out. The Chairman called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Chairman èlosed the Public Hearing. PZ 83-29 APPROVED Mr. Wood made the motion to approve PZ 83-29. This motion was seconded by Mr. Hannon and the motion carried 3-2 with Mr. Tucker and Mr. Bowen voting against. . ~ Page 22 P & Z Minutes April 28, 1983 . 14. PZ 83-30 Request of Gaylord Van Y to rezone a portion of Block H, Richland Oaks Addition, from its present classification of Local Retail to a proposed classification of Commercial. This property is located at the southeast corner of Grapevine Highway and Eldorado Drive. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. Van Y came forward. He said the is requesting this zoning change to allow him to build a shopping center 225 feet long and 50 feet deep with a warehouse in the back 200 foot long and 80 feet deep to house a Baird's Bakery Disbursement Center and retail shopping center. Mr. Hannon asked what he meant by a disbursement center. . Mr. Van Y said this would be where their products will be brought from where they were manufactured and will be transferred to the trucks which will take them to the retail units in the area. Mr. Hannon asked how large this would be in regard to square footage. Mr. Van Y said it would be approximately 16,000 square feet. The Chairman called for those wishing to speak in opposition to this request to please come forward. . Jan Sheppard, 8113 Jerri Jo, came forward. She said her property joins this property to the south, and she is opposed to this zoning request. Ms. Sheppard said she has a note from Mr. & Mrs. J. Thompson which states they are also in opposition to this request until further information is given. ~ Page 23 P & Z Minutes April 28, 1983 . Ms. Sheppard said they received a letter yesterday from Mr. Van Y stating what he is proposing there, and it was the first time there was any mention of a shopping center. She read quotes from his letter which stated the part of the complex adjacent to the single family would have a concrete wall 16 feet high and 200 feet long with no doors or windows and an 8 foot wood fence would extend from the concrete wall along the property line from the northeast to the southwest forming a sound barrier for the property owners convenience. It also stated trees would be planted at intervals along the concrete wall and wood fence to enhance the shopping center's rear boundary. . Ms. Sheppard said she works in Dallas and all she sees all day are concrete and glass buildings, and with this, she would go home and all she could see would be a 16 foot high concrete wall. Ms. Sheppard said there are lots of shopping areas in the mid cities area and she was concerned with how many shops would be in there and how many would stand vacant. She said this would allow more transients in the area and her home has already been broken into twice. Ms. Sheppard said they have problems with garbage coming from the Take-it store across the street and there would be much more with the Baird's Distribution Center there. Ms. Sheppard said she has only lived there 2~ years, but several of her neighbors have worked hard to get "No Trucks Allowed" signs put up at both ends of Eldorado. She said they had got them put on Nevada and Strummer also. . Ms. Sheppard said the back of a building is always the first to go to pot, and she does not want a 16 foot concrete fence nor the added traffic this this would create. Page 24 P & Z Minutes April 28, 1983 . Chairman Tucker stated this property is zoned Local Retail now which would allow a shopping center. Ms. Sheppard said she was aware of this, but she is opposed to the trucking center. Thomas W. Ellis, 8105 Jerri Jo, came forward. He said he agrees with what Ms. Sheppard has said 100 percent. Ms. Lee Strock came forward. She said she is a neighbor and her property backs up to this property. She said she is opposed to this and she also represents Mr. Snibes who is an elderly paraplegic. She said their house was built especially for a paraplegic. Ms. Strock said they did not look forward to going out in their back yard and seeing a 16 foot wall because the back yard is Mr. Snibes only joy. . Ms. Strock said the love their property and the others have covered most everything. She said they are not opposed to development, but they do not feel they should be subjected to a warehouse, the traffic, and the noise. Mr. Wood asked her if she would be opposed to the shopping center. Ms. Strock said even though they would not be happy with it, they could live with it. . Mr. Van Y asked to speak again. He said he would like to explain this warehouse situation. He said if you have a strip center with a 12 foot wall as opposed to the warehouse with the 16 foot way, there is just not that much difference. Mr. Van Y showed the Commission and homeowners a prospective site plan for the area. He said his reason for putting the 200 foot long concrete wall plus the wood fence with the trees was to try to create a noise barrier. ~ Page 25 p & Z Minutes April 28, 1983 . Mr. Van Y said he would like for Mr. Baird to explain the functions of the warehouse. Mr. Wood asked if all the trucks would access onto Grapevine Highway or would any of them go on the side street. Mr. Van Y said probably the delivery semi trucks would come in off Eldorado and back in, but the trucks that leave there will go directly to the highway. Mr. Hannon asked to see a plot plan of this property. He asked if all the loading and unloading would take place inside the building. Mr. Van Y said it would. Mr. Hannon said he was concerned there might be several semi trucks setting at one time with their diesel running. . Miram Baird came forward. He said they would have 15 route trucks which would come into the entrance of the building and be completely enclosed. He said all loading and unloading will be done on the inside and they do not plan more than 20 vehicles in the future. Mr. Baird said there would be two transport trucks that would come in late in the evening and would leave out about 6:00 or 8:00 in the evening. Mr. Baird said it would take about 40 minutes to unload them. Mr. Hannon asked if they would have enough off-street parking. Mr. Baird said they would. Mr. Hannon said his main concern would be if they had to let a diesel set there and idle for an hour or so. . Mr. Baird said they would not do that. He said they have distribution centers in all major cities such as Dallas and Houston and they have one in Watauga. Page 26 p & Z Minutes April 28, 1983 . Mr. Hannon said he was concerned that if this proposed project fell through, would the zoning be correct for something else; there are so many things that can go in commercial zoning. He said he wonders if this is the appropriate use for this property. Mr. Wood asked if they would agree to tie the site plan to the zoning. Mr. Hannon said the Planning and Zoning Commission could not do that, only the City Council could. Mr. Bowen asked if the trucks would be parked there when not in use. Mr. Baird said only inside the building. . Ms. Sheppard said she is still opposed to this request. She asked what were they going to do, there are no trucks allowed on Eldorado. She said she is more opposed to this request than ever. Chairman Tucker said he is concerned about an 18 wheeler backing up on Eldorado. Mr. Van Y asked if the 18 wheelers coming on Eldorado was the problem. He said they could make them go through the center of the building and then they would not have to come on Eldorado. Chairman Tucker closed the Public Hearing. Chairman Tucker said if this Commission approves this, it would be putting a warehouse next to residential. PZ 83-30 APPROVED Mr. Wood made the motion to approve PZ 83-30 with the recommendation to the City Council to tie the zoning to the site plan as submitted here tonight. This motion was seconded by Mr. Hannon and the motion carried 3-2 with Tucker and Bowen voting against. . Page 27 P & Z Minutes April 28, 1983 . 15. PZ 83-31 Request of Alex Fogelin to rezone Tracts IB and IBl, Wm. D. Barnes Survey, Abstract 146, from their present classification of Agriculture to a proposed classification of IF-9-0ne Family Dwellings. This property is located on the east side of Smithfield Road at the intersection of Evergreen Avenue and Smithfield Road. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Ernest Hedgcoth, Consulting Engineer, came forward to represent Mr. Fogelin. He said this is the same proposal as PZ 82-34 which this Commission approved for Mr. Jeffries. Mr. Hedgcoth said Mr. Jeffries ran into some problems and withdrew his request and was not heard by the council. . Mr. Hedgcoth said Mr. Fogelin plans to pick up as planned the IF-9 with a plat of 16 lots with a cuI de sac as shown in the next case tonight. Mr. Hedgcoth stated that Kingswood Estates to the west of this property is zoned IF-9 and Crestwood Estates to the east is also zoned IF-9. He said they feel this is the best use of this property. The Chairman 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. PZ 83-31 APPROVED Mr. Bowen made the motion to approve PZ 83-31 as requested. This motion was seconded by Mr. Schwinger and the motion carried 5-0. . Page 28 P & Z Minutes April 28, 1983 . 16. PS 83-35 Request of Alex Fogelin for final plat of Lots 1 thru 16, Block 9, Crestwood Estates. Mr. Hedgcoth came forward. He said they had received the City Engineer's comments and have submitted a letter stating they will comply with all the comments. Mr. Hedgcoth said they have secured the necessary easements for the sanitary sewer to run along the north boundary line of Crestwood Estates. He said they are also working on an alternative solution for the storm drain; however, he said he has talked with Mr. Albin and there is a possibility they could put the storm drain in the existing easement across Lot 5, Block 8. He said the storm sewer circles around and they would be tieing into the same storm sewer just a little further down. . PS 83-35 APPROVED Mr. Wood made the motion to approve PS 83-35 subject to the Engineer's comments. This motion was seconded by Mr. Hannon and the motion carried 5-0. 17. PZ 83-32 Request of A. T. Adcock and James Rust to rezone Tract 8, Wm. Cox Survey, Abstract 321, from its present classification of Agriculture to a proposed classification of IF-9-1500 One Family Dwellings. This property is located on the south side of Starnes Road, approximately 1,630 feet west of Smithfield Road, and is bounded on the south by Briarwood Estates. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Mr. Adcock came forward. He said they came in about this time last year and received IF-9-1500 zoning and at that time had their plans approved, but found they had some problems they had not anticipated which made it not feasible at that time to develop this Page 29 P & Z Minutes April 28, 1983 . property so they came back and requested it be zoned back to Agriculture so they could build two homes on the property. Mr. Adcock said since that time, the economics are better and the problems have been worked out and they feel their original plan is the best plan for them and the City of North Richland Hills. Mr. Adcock showed their original plan to the Commission. He said they will continue Post Oak Street on to Starnes Road; there will be 36 lots, each having 9,500 square feet. Mr. Adcock said they are requesting the Commission grant approval of this request. The Chairman called for those wishing to speak in opposition to this request to please come forward. . Jim Claunch, 7440 Starnes Road, came forward. He said he needed more information. He said he owns the property to the west. Mr. Claunch said he is opposed to the 70 to 75 foot wide lots. He said he has been working on his place for two years and he does not want shot-gun houses out there. Mr. Claunch said he would like the area to stay country and he is opposed to this zoning. The Chairman closed the Public Hearing. PZ 83-32 APPROVED Mr. Hannon made the motion to approve PZ 83-32 as requested. This motion was seconded by Mr. Bowen and the motion carried 5-0. 18. PZ 83-33 Request of Quadrangle Development Company to rezone a portion of Tract 5, Wm. Cox Survey, Abstract 321, from its present classification of Agriculture and Multi-Family to a proposed classification of IF-9-1500 One Family Dwellings. This property is an "L" shape tract of land located on the south side of Starnes Road, . Page 30 P & Z Minutes April 28, 1983 . approximately 1,044 feet west of Smithfield Road, bounded on the south by Briarwood Estates, and extends eastward to Smithfield Road and has approximately 271 foot frontage on Smithfield Road. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Walter Elliott with Elliott and Hughes came forward to represent Bill Pasteur, President of Quadrangle Development Company. He said their property joins Mr. Adcock's to the east and they were the neighbors he was talking about with the problem of drainage. Mr. Elliott said they have diligently worked with Mr. Adcock and he has worked with them and now they feel they have all the problems worked out. He said the City Staff has also worked with them. . Mr. Elliott said they have an option to buy this property subject to the approval of the zoning and platting. He said it is not speculative zoning, they plan to come back before this Commission shortly with the preliminary plat of this property. Mr. Elliott said there was some multi-family zoned property which adjoins this property and they have taken a little out of it to make the lots proportional. He said it comes over into the multi-family about three or four feet. Mr. Wood asked if their purchase contract also includes the Multi-Family and Local Retail zoned area. Mr. Elliott said they have an option on it, but their purchase is for the first phase, the single family. . Page 31 P & Z Minutes April 28, 1983 . The Chairman 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. PZ 83-33 APPROVED Mr. Hannon made the motion to approve PZ 83-33 as requested. This motion was seconded by Mr. Wood and the motion carried 5-0. 19. PZ 83-34 Request of Dyna-Co Development to rezone Lot 2, Block 6, Snow Heights North Addition, from its present classification of Local Retail to a proposed classification of Commercial. This property is located on the north side of Lewis Drive and approximately 212 feet east of Rufe Snow Drive. . The Chairman opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Burk Collins came forward to represent Dyna-Co. He said they are requesting this be changed from Local Retail to Commercial and he showed the Commission a site plan of the area. Mr. Collins said the plan to sell the south end off for an inside carwash similar to the one on Bedford Euless Road; the building in the center of the property is designed for a wholesale plumbing supply which does have outside storage, but the buildings are so designed that no outside storage will be shown. Mr. Collins said he owns the building next to this area and all outside storage will be enclosed by a fence if not enclosed by buildings. He said the building on the north end will be a business type warehouse such as Newell and Newell Industrial Park, but it will not have outside storage. . Mr. Hannon asked what would be to the east of this property. Page 32 P & Z Minutes April 28, 1983 . Mr. Collins said it is undeveloped at present, but it is zoned and planned for apartments. The Chairman 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. PZ 83-34 APPROVED Mr. Wood made the motion to approve PZ 83-34 as requested. This motion was seconded by Mr. Bowen and the motion carried 5-0. ADJOURNMENT The meeting adjourned at 10:20 P. M. . ¿£l~c kJjr 7?J ~/t >~-'L"ë réf? ~ ~ .