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HomeMy WebLinkAboutPZ 1983-06-23 Minutes ~ . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JUNE 23, 1983 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman at 7:33 P. M. ROLL CALL PRESENT: CHAIRMAN MEMBERS George Tucker Don Bowen Mark Wood Mark Hannon John Schwinger Allen Bronstad Wanda Calvert ALT. MEMBER ASST. DIR. PW/U P & Z COORDINATOR ABSENT: Marjorie Nash OATH OF OFFICE Mr. Bronstad administered the office to George Tucker and John Schwinger who were reappointed for another term. CONSIDERATION OF THE MINUTES OF MAY 19, 1983 Mr. Hannon made the motion to approve the minutes as written. This motion was seconded by Mr. Bowen and the motion carried 4-0 with Mr. Wood abstaining since he was not present on the Commission that night. . 1. PS 83-50 Request of Northwood Plaza Ltd. for preliminary plat of Northwood Shopping Center Addition. Neil Cukerbaum with Northwood Plaza came forward. He stated he has his engineer with Graham Associates present to answer any questions. Mr. Cukerbaum stated they had responded to the City Engineer's letter, but he has one question. He said they were of the opinion that the pro rata for the storm drainage on Lewis Drive was taken care of by Cross Roads Development Company prior to their purchase of this land. . Mr. Cukerbaum stated they will pay their pro rata share of the water main. Page 2 P & Z Minutes June 23, 1983 . Mr. Cukerbaum said about fire coverage for Lot 4, they are not sure where the buildings will be located so although they are platting Lot 4, they are not submitting the construction plans for the utilities for Lot 4 at this time. He said prior to obtaining a building permit for Lot 4, they will either replat Lot 4 or will submit the construction plans for approval. Mr. Cukerbaum asked when the final plat of this property would be heard by the City Council. He said they are behind on their time table. Mr. Cukerbaum said they would like to request they be allowed to start some preliminary work on this project. . Mrs. Calvert said she could not say when the City Council would give approval of the final plat until they submit the final plat. She said if they submitted the final plat by the last day of this month, the Planning and Zoning Commission would hear it on July 28th and then the City Council would hear it August 8th. Mr. Cukerbaum requested they be allowed to start some grading work before the final plat approval if that would be possible. Chairman Tucker asked Mr. Bronstad of Cross Roads paid the pro rata for the storm drain. Mr. Bronstad said Cross Roads did put the storm drain in, but there was an oversizing that was paid by the city, and they would be paying for the oversizing. Mr. Hannon asked if all the pro rata that was established by ordinance been paid for. Mr. Bronstad said he believed it had. . Mr. Hannon said, then if we collected pro rata again, it would be paid for twice. ~ Page 3 P & Z Minutes June 23, 1983 . Mr. Hannon asked Mr. Bronstad how much work could they do before final plat approval. Mr. Bronstad said only farming, moving dirt. Mr. Hannon asked Mr. Cukerbaum if they plan to plat Lot 4 now or would they rather wait until a later date. Garry Kraus with Graham Associates came forward. He said they would like to go ahead and plat Lot 4 now. Mr. Hannon said they could preliminary plat all the lots and just final plat Lots 1, 2, and 3, then come in later and final plat Lot 4. Mr. Kraus asked how long they would have before they would have to final plat Lot 4. . Mr. Hannon said one year. Mr. Wood asked Mr. Bronstad if there was any way the city could work with them regarding the fire hydrant. Mr. Bronstad said they would need to talk to Mr. Riddle regarding this. PS 83-50 APPROVED Mr. Hannon made the motion to approve PS 83-50 subject to the engineer's comments with the exception of item #8 which should state the storm drainage pro rata shall be collected in accordance with the ordinance in that if it has already been collected and paid for, it would not be collected a second time. This motion was seconded by Mr. Bowen and the motion carried 5-0. . ~ Page 4 P & Z Minutes June 23, 1983 . 2. PS 83-51 Request of Bob Hall for Short Form Plat of Lot 8, Block 1, Henry Addition. Jackey Fluitt with Stembridge Engineers came forward to represent Mr. Hall. He stated they had received the City Engineer's letter and take no exception to it, but would like to ask one question in regard to the pro rata for the 6 inch water and 6 inch sewer lines. Mr. Fluitt said there are existing water and sewer and he believes it is the council's policy that if there are existing water and sewer, no pro rata is required. Mr. Bronstad said that is correct, there would be no charge. PS 83-51 APPROVED Mr. Bowen made the motion to approve PS 83-51 subject to the Engineer's comments with the exception of item #3, the second #3. This motion was seconded by Mr. Wood and the motion carried 5-0. . 3. PS 83-53 Request of U-Tex Development Company for preliminary plat of Lot 1, Block 5, Industrial Park Addition. Mr. Fluitt came forward to represent U-Tex Development. He said they have no problems with the Engineer's comments and the corrections will be made prior to going to council. PS 83-53 APPROVED Mr. Wood made the motion to approve PS 83-53 subject to the Engineer's comments. This motion was seconded by Mr. Schwinger and the motion carried 5-0. 4. PS 83-54 Request of U-Tex Development Company for preliminary plat of Lots 1-3, Block 6, Industrial Park Addition. . Mr. Fluitt came forward to represent U-Tex Development. He said they take no exception to any of the City Engineer's comments. ~ Page 5 P & Z Minutes June 23, 1983 . PS 83-54 APPROVED Mr. Wood made the motion to approve PS 83-54 subject to the Engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 5-0. 5. PS 83-55 Request of Charles Owen Company for replat of Lots 10AR thru 12AR, Block 30, College Hill Addition. Chuck Owen came forward. He stated this replat is needed for the realignment of some lot lines. Chairman Tucker stated since this is a replat in duplex zoning, according to State Law, there must be a Public Hearing. He opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . There being no one wishing to speak, 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. PS 83-55 APPROVED Mr. Hannon made the motion to approve PS 83-55 subject to the Engineer's comments. This motion was seconded by Mr. Schwinger and the motion carried 5-0. 6. PS 83-56 Request of John W. Barfield for preliminary replat of Brentwood Estates. . John Barfield came forward. He stated he had owned this property for 10, 12, or 14 years. Mr. Barfield said he platted the property in the 1970's to show the realignment of Shady Grove Road so the telephone company could have an easement. Mr. Barfield said he received his zoning approval in June, 1980, but due to several reasons beyond his control, he was not able to develop the property at that time. He said #1 being no water, but it ~ Page 6 P & Z Minutes June 23, 1983 . looks like now they are finally going to have plenty of water there. Mr. Barfield said the sewer is in Little Bear Creek and he has been negotiating with the people downstream to allow him access to Little Bear Creek , and said he has had favorable response. Mr. Barfield said another problem they had was the economics, but he feels that has turned around and feel it is time to develop this property. Mr. Barfield said when he received the zoning, he was in a joint venture with some other people, but because of the economy, they were forced to withdraw. Mr. Barfield stated his Engineer, O. D. Long, is present to answer any questions. . Mr. Long came forward. He stated they had received the City Engineer's letter and take no exception to it except for item #6; Mr. Barfield dose not own the property all the way to Precinct Line Road. Mr. Long said also, he has a letter from Keller School District stating they would like to consider a site for a school. He said the property between the two Shady Grove Roads and east of the Commercial area is where the school is interested in which is shown as Blocks 6 and 7. He said they may need a little more land to straighten up the lines some. Mr. Long said they are interested in 10 to 12 acres. Mr. Long said the City Engineer mentioned us being responsible for improving Shady Grove Road or paving a portion of the road. He said in the past, the city had allowed them to build one half of what is existing and maybe overlay the other half until other development comes in. Mr. Long said he was not sure what the school would want to do. . Page 7 P & Z Minutes June 23, 1983 . Chairman Tucker said you could not really call this a replat, it had previously only been a street dedication. He said there were no notices sent out and there would be no need for a Public Hearing. PS 83-56 APPROVED Mr. Hannon made the motion to approve PS 83-56 subject to the Engineer's comments with the exception of item #6, second, subject to the renaming of Oak Ridge Drive and Sierra Drive, and third, subject to designating approximately 12-15 acres (Blocks 6 & 7) for a future school site. This motion was seconded by Mr. Wood and the motion carried 5-0. Mr. Long asked if the school decided it wanted another location instead of Blocks 6 and 7, would this motion just made stop this. . Chairman Tucker stated it would not. He said, at the time of final plat approval, if the school changes any, just bring this Board a letter from the school. 7. PS 83-58 Request of Chasewood Construction Company for final plat of Lot 1, Block 12, Snow Heights North Addition. Mr. Mac McWilliams with J. R. Davis and Associates came forward to represent Chasewood Construction Company. He stated they had received the City Engineer's comments and have complied with them. PS 83-58 APPROVED Mr. Hannon made the motion to approve PS 83-58 subject to the Engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 5-0. 8. PS 83-59 Request of Burk Collins Investments for replat of Lots 2R-l and 2R-2, Block 6, Snow Heights North Addition. . Mr. Collins came forward. He stated he recently received a zoning change to Commercial on this property and he plans to build a business park. ~ Page 8 P & Z Minutes June 23, 1983 . Mr. Collins stated he has no problems with the City Engineer's comments. PS 83-59 APPROVED Mr. Wood made the motion to approve PS 83-59 subject to the Engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 5-0. 9. PZ 83-42 Request of Doyne S. Byrd to rezone Lot 3R, Block 23, Clearview Addition, from its present classification of Local Retail to a proposed classification of Commercial-Specific Use-Sale of Used Autos. This property is located on the north side of Grapevine Highway at Maplewood Drive. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Mrs. Myrtis Byrd came forward. She said they are the owners of this property which is not being used. Mrs. Byrd said they had the" Hire a Heap" rent cars they need to sell so they would like to rezone this property for a used car lot. She said this lot would be only for the display of cars, they would use their office in the shop to sell them. Mrs. Byrd said they have been paying taxes on this lot for a long time and they would like to be able to use it. Mrs. Byrd said they do not rent the cars anymore because the insurance was so high. She said they park them in back of the shop because there is so much vandalism. Mrs. Byrd said they promise there will be no cars with flats and none with no hoods on them. She said they do not want that kind of ugly site in our city. . Mr. Wood asked Mr. Bronstad if this Specific Use would limit the use of this lot. ~ Page 9 P & Z Minutes June 23, 1983 . Mr. Bronstad said if they have a Specific Use zoning for the sale of used cars, that is all it could be used for. Mrs. Byrd said it is not being used for anything now. Mr. Schwinger asked Mrs. Byrd if they plan to use the lot for a car lot from now on or just until they sell their Hire a Heap cars. Mrs. Byrd said they plan to use it from now on. Mr. Hannon stated it is the council's policy to put a limit of the age of the cars to not more than two to three years old. He asked Mrs. Byrd if they would agree to that. . Mrs. Byrd said they could not because their cars are older that that and they need to get rid of them. Chairman Tucker said Mrs. Byrd stated they would be selling these cars out of their office at Byrd Automotive, but all sales would have to be on this lot, not out of the shop because if is not zoned for it. Mrs. Byrd said they would do the selling on this lot if they needed to. Mr. Bowen asked how old their cars were. Mrs. Byrd said they were 1978 models. . Mr. Bowen asked if they plan to sell later model cars also. He said Belknap Street in Fort Worth has lots and lots filled with old used cars and he would not be in favor of having that in our city. Mr. Bowen said he felt they must have a stipulation of not more than two or three year old cars after they get rid of the old Hire a Heap cars. Page 10 p & Z Minutes June 23, 1983 . Mrs. Byrd said they would agree to that. Mr. Wood asked how many Hire a Heap cars do they have. Mrs. Byrd said they have 14 or 15. Mr. Bowen asked if they were completely out of the rental business. Mrs. Byrd said they were. Chairman Tucker called for anyone 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. Bowen said he did not see how she could get rid of these old cars. . Chairman Tucker said with a Specific Use, they can stipulate such things as giving them 12-14 months to dispose of these cars and from then on limit the sale to no older than 3-year models. He said this would put a burden on the city to see that the ordinance is carried out. Mr. Wood said he did not see how the city could monitor than; they would have to be going out there all the time to see what year models they were selling. He said he felt they should either be allowed to sell all cars or sell none, and he was in favor of the latter. Mr. Wood made the motion to deny PZ 83-42. This motion died for the lack of a second. . Chairman Tucker said in order to get a motion on the floor, he would make a motion. Page 11 P & Z Minutes June 23, 1983 . PZ 83-42 APPROVED Chairman Tucker made the motion to approve PZ 83-42 with the stipulation that for the first 12 months of operation, the model year be no cIder than 1970 for the purpose of selling their rental fleet, there after no auto will be no older than 3 years. This motion was seconded by Mr. Bowen. Mr. Hannon asked for a clarification. He asked if it was his intention to have this 12 month grandfather clause for the existing fleet only and during that time they can not sell other vehicles older than 3 model years, being in this case, 1981, 1982, and 1983 model years? Chairman Tucker said that was correct. Mr. Wood asked if they would have to clarify what cars they now have. . Chairman Tucker stated that would be left up to the City Staff and City Council. The motion carried by a vote of 3-2 with Mr. Wood and Mr. Hannon voting against. 10. PZ 83-43 WITHDRAWN Request of Rollin Vinall to rezone Tract A9, J.C. McComas Survey, Abstract 1040, from its present classifications of Agriculture and IF-12 to a proposed classification of IF-12-1800-0ne Family Dwellings. This property is located at the northeast corner of Meadow Road and the proposed Buck Street. Mr. Vinall withdrew his zoning request. 11. PS 83-52 WITHDRAWN Request of Rollin Vinall for preliminary plat of Lots 1-3, Block 5, Hewitt Estates. Mr. Vinall withdrew his preliminary plat. . Page 12 P & Z Minutes June 23, 1983 . 12. PZ 83-44 Request of Burk Collins Investments to rezone a portion of Tract 13, J.H. Barlough Survey, Abstract 130, from its present classification of Local Retail to a proposed classification of 2F-9-Two Family Dwellings. This property is located on the south side of Chapman Road and approximately 500 feet west of Smithfield Road. . Owen D. Long, Consulting Engineer, came forward to represent Mr. Collins. He said this tract has been zoned different ways two or three times in the past. Mr. Long stated Mr. Collins acquired this property and is willing to develop the whole tract and does not wish to wait for the retail development to come in, he wants to make the whole tract a duplex complex. He said the front part is presently zoned Local Retail with the back portion for duplexes and he wishes to change the Local Retail part to duplex zoning. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Loy Sturch, P.O. Box 80155, Smithfield, Texas, came forward. He said he lives at the end of West Main Street. Mr. Sturch said he has talked with the developer and it sounds like it would be a good development. He said he had seen some duplexes he has built and they seem to be of good quality. Mr. Sturch said he believes he had rather have duplexes there than Local Retail. William Gideon, 7717 Chapman Road, came forward. He stated he lives north of this property. Mr. Gideon said he felt it would be a blessing to have duplexes across the street instead of stores. . Page 13, P & Z Minutes June 23, 1983 . Mr. Gideon said he would like to ask a question. He said all the water coming from the north has to go through this area; he asked if arrangements had been made to take care of it. Chairman Tucker stated this case is a zoning matter where they decide the best use of the land, but in the next case, PS 83-57, the platting of this property, they will have to show that they can take care of the drainage. He said, if done right, it should help the whole neighborhood. 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. . PZ 83-44 APPROVED Mr. Wood made the motion to approve PZ 83-44. This motion was seconded by Mr. Hannon and the motion carried 5-0. 13. PS 83-57 Request of Burk Collins Investments for preliminary plat of Central Park Addition. Mr. Long came forward to represent Mr. Collins. He stated they had received the City Engineer's comments and have no objection to them. Mr. Long said in regard to the man's question previously regarding the drainage, there is an existing drainage way to the north which is almost in line with the west property line of our Central Avenue. He said how the water is going to get across Chapman Road to their concrete lined channel, they do not know. Mr. Long said they do not own the property to the north or Chapman Road. He said they know there is a problem there. . ~ Page 14 p & Z Minutes June 23, 1983 . Mr. Long said he understands the city is doing some engineering north of Chapman Road. He said they probably need to acquire some easements and dig a ditch for the drainage and make it come across Chapman Road into their concrete lined channel. Mr. Long said the city come in on their property not long ago and re-ditched the channel, but they plan to push the drainage over to their west property line. Chairman Tucker stated the Commission has some problems with this preliminary plat in regards to Chapman Road. . Mr. Hannon stated there is a reverse curve about 300 feet on the center line and 250 feet on the center line and with a 60 foot right of way, that would not be adequate. He said this would figure 35-45 mile per hour design speed. Mr. Hannon said they feel they need about an 800 foot radius reverse. He said the Commission feels there should be something done now about that curve. Mr. Long said they have dedicated the required right of way, which is all they have ever been required to do. He said they would be loosing a considerable amount of land. Mr. Hannon said they could salvage the land by cutting down the lot size of a few of the large lots. He said this curve makes a hazardous situation, accidents happen there all the time. Mr. Long said they would have no problem in giving their fair share. . Page 15 P & Z Minutes June 23, 1983 . Mr. Hannon said they could leave the amount of curvature up to the City Engineer. Mr. Long said they request the Commission approve this preliminary plat subject to them working with the City Engineer. He said they will work with him to get the flattest curve they can, but they would hate to lose a lot. Mr. Hannon said on Block 3, Lots 1 & 2, since they do not plan to improve this section of the drainage channel, what will it do to these lots and Lot 1, Block 4. Mr. Long stated that section of the drainage channel is not on their property. . Mr. Hannon stated he felt that since a preliminary plat had already been approved on the property to the west, they should get together and work out a plan for this area. Mr. Hannon stated the Fire Department has requested the street, Jamie Lane, be renamed. Mr. Long said that could be taken care of. Mr. Hannon also stated the City Engineer requested they change the name of the Subdivision to Barlough Addition, but the Commission feels Fox Hollow Addition would be a better name since it is a larger addition than Barlough Addition. Mr. Long stated they would agree to that. . . . . Page 16 P & Z Minutes June 23, 1983 PS 83-57 APPROVED Mr. Hannon made the motion to approve PS 83-57 subject to the Engineer's comments and with the following additions: 1. The Subdivision be known as Fox Hollow Addition, Lot and Block be designated by the Tax Office; 2. The Engineer work with the City Engineer to provide a larger radius on the reverse curve in Chapman Road; 3. That Jamie Lane be renamed to satisfy the Fire Department and be compatible with the adjoining Subdivisions; 4. The dimensions on the west line of Lot 1, Block 4, be coordinated with the preliminary plat to the west of this property. This motion was seconded by Mr. Wood and the motion carried 5-0. ADJOURNMENT The meeting adjourned at 8:45 P. M. ¿1~c ~r CHAIRMAN, PLANNING & ZONING COMMISSION <---;:r;h / "-~;;) L-n _ /J t/ P / ~ tfÞ<-€ t.:y¡: Ç( ~ SECRETARY, P NING & ZONING COMMISSION \