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HomeMy WebLinkAboutPZ 1983-09-22 Minutes . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 22, 1983 - 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 ALT. MEMBER COUNCILMAN ASST. DIR. PW/U P & Z COORDINATOR George Tucker Marjorie Nash Don Bowen Mark Hannon John Schwinger Richard Davis Allen Bronstad Wanda Calvert ABSENT: Mark Wood CONSIDERATION OF THE MINUTES OF AUGUST 25, 1983 Ms. Nash made the motion to approve the minutes as written. This motion was seconded by Mr. Bowen and the motion carried 4-0 with Mr. Schwinger abstaining since he was not present at the meeting. . 1. PS 83-90 Request of William N. Garrison for preliminary plat of LeGarant Estates. Walter Elliott with Elliott and Hughes Engineers came forward to represent Mr. Garrison. He stated this was the same preliminary as was approved by this Commission about a year ago. Mr. Elliott said the Subdivision Ordinance states one must plat at least a portion of the property within one year which they were unable to do; therefore, they are back requesting approval of the preliminary plat again. . Mr. Elliott stated they had received the City Engineer's comments and find none are unacceptable. He said they had provided a 5 foot dedication for additional right of way on Crane Road, but Mr. Albin stated they needed 9 feet so they will grant the 9 feet or whatever is necessary and they will incorporate this in the final plat. Page 2 P & Z Minutes September 22, 1983 . Mr. Elliott stated Mr. Rust's property which joins this property is not included in this plat. He said Mr. Rust is not ready at this time to develop his property; he is developing another piece of land at present and does not want to start another one now. Mr. Elliott said Mr. Garrison wants to go ahead with his property. He said he may sell the property. Mr. Elliott said they have two lots which do not meet the depth requirement and may have to have a variance on them. Chairman Tucker stated that if the Commission is aware of this in the preliminary, they may act on it and they would not have to go before the Zoning Board of Adjustment. Mr. Hannon stated the Commission has a letter from TESCO requesting additional easements. . Mr. Elliott said they will grant the additional easements. PS 83-90 APPROVED Mr. Hannon made the motion to approve PS 83-90 subject to the Engineer's comments with the exception of item #5. This motion was seconded by Ms. Nash and the motion carried 5-0. Chairman Tucker stated the Commission was going to change their policy after tonight. He stated they will discontinue their policy of sending the platting cases to the City Council subject to the Engineer's comments; instead, the Commission will deny the plat if the Engineer's comments have not been met. 2. PS 83-91 Request of Stonehenge, Inc. for final plat of Lots 20 thru 59, Block 8, and Lots 1 thru 8, Block 15, Glenann Addition. . ~ Page 3 P & Z Minutes September 22, 1983 . Gordon Swift, Engineer, came forward to represent Stonehenge, Inc. He stated they have submitted this final plat in accordance with the approved preliminary plan by this Commission. Mr. Swift stated they had received the City Engineer's comments and in regard to Mangham Airport, they had discussed this with the City Staff and the City Attorney and it has been resolved. Mr. Swift said regarding another item, Mr. Albin requested they change the name of Conant Road to Martin Road; they will agree to this. Mr. Swift said the items regarding water and sewer were discussed with Mr. Bronstad and the Planning and Zoning Commission at the preliminary plat approval. He stated the minutes of that meeting show Mr. Hannon made the motion to approve with the exception of those items. . Mr. Swift stated they agree to pay the pro rata. Mr. Hannon said it has been suggested they use an alternate route for the sewer to go between Lots 6 and 7, Block 15. PS 83-91 APPROVED Mr. Hannon made the motion to approve PS 83-91 subject to the Engineer's comments with the exception of items 4 and 5 of the Engineer's letter dated September 4, 1983, and subject to a clarification of the sewer line going between Lots 6 and 7, Block 15. This motion was seconded by Ms. Nash and the motion carried 5-0. 3. PS 83-92 Request of DYNA-CO for replat of Lots 2R-IR and 2R-2R, Block 6, Snow Heights North Addition. . Delbert Stembridge, Consulting Engineer, came forward to represent DYNA-CO. He stated they had received the City Engineer's comments and take no exception to them. ~ Page 4 P & Z Minutes September 22, 1983 . Mr. Stembridge said this property had recently been rezoned to Commercial which he will show on the plat. Mr. Hannon stated that the monuments had been left off the plat. Mr. Stembridge said he would correct that. PS 83-92 APPROVED Mr. Hannon made the motion to approve PS 83-92 subject to the Engineer's comments and subject to the Engineer showing the monuments on the plat. This motion was seconded by Mr. Schwinger and the motion carried 5-0. 4. PS 83-93 Request of Central Life Assurance Company for replat of Lots lR, 2R, & 3R, Block 1, Tapp Addition. . Delbert Stembridge came forward to represent Central Life Assurance. He stated they had received the City Engineer's comments and take no exception to them. Mr. Stembridge said in regard to item #6, only two lots are being altered. Mr. Hannon said the plat would be clearer if he made darker lines for the lots in question. Councilman Davis said showing the buildings on the plat is not required. Mr. Stembridge said he would made the necessary corrections. Mr. Hannon asked how he monumented these small lots in the middle of a parking lot. Mr. Stembridge said by iron pins. PS 83-93 APPROVED Mr. Hannon made the motion to approve PS 83-93 subject to the Engineer's comments with the exception of items 1 & 6 and subject to showing the monuments on the plat and redrafting the plat with heavy lines showing the lots being replatted. This motion was seconded by Mr. Bowen and the motion carried 5-0. . ~ Page 5 P & Z Minutes September 22, 1983 . 5. PS 83-94 Request of Penny Patterson for final plat of Lot 1, Block 5, Hewitt Estates. Delbert Stembridge came forward to represent Ms. Patterson. He stated they had received the City Engineer's comments and they take no exception to them. Mr. Stembridge said Ms. Patterson needs this platting to be able to get a building permit to build a home. Mr. Hannon asked what the existing right of way was for Meadow Road. Mr. Stembridge said he believed it was 25 feet. Mr. Hannon said the City Engineer was asking for an additional 10 feet. . Councilman Davis said if the surveyor could assume that the right of way is calculated from the centerline of the road, they would only need 5 feet. Mr. Stembridge said he would check this out and make the necessary correction to the plat. PS 83-94 APPROVED Mr. Bowen made the motion to approve PS 83-94 subject to the Engineer's comments. This motion was seconded by Mr. Schwinger and the motion carried 5-0. 6. PS 83-95 Request of Ramiro Balero for final plat of Lot 13, Block 1, Briarwood Estates. Delbert Stembridge came forward to represent Mr. Balero. He stated they had received the City Engineer's comments and they take no exception to them. . Mr. Stembridge stated that Mr. Balero wished to obtain a building permit to build a home on his property. ~ Page 6 P & Z Minutes September 22, 1983 . Mr. Hannon asked about item #2 regarding the storm drain. Mr. Stembridge said the water drains into a concrete flume. Mr. Bowen said in regard to the pro rata, Mr. Bronstad had said the subject had given the city an easement and no pro rata would be required. Mr. Bronstad said that was correct. Councilman Davis asked if the storm drain would be adequate to serve Lot 13. Mr. Bronstad said there is an open concrete flume to take it down the street. PS 83-95 APPROVED Mr. Schwinger made the motion to approve PS 83-95 subject to the Engineer's comments with the exception of items 2 and 4. This motion was seconded by Mr. Bowen and the motion carried 5-0. . 7. PS 83-96 Request of Eldon King for final plat of Lot 1, Block 13, Meadowview Estates (previously submitted as Lot 1, Block 1, King Addition). Delbert Stembridge came forward to represent Mr. King. He said they had received the City Engineer's comments and take no exception to them. Chairman Tucker said since this is a one lot plat, what was the City Staff's feelings on changing the name of the addition. Mrs. Calvert said it is very hard to keep up with a one lot subdivision. She said this property is close to Meadowview Estates and she had rather have it named that. Mrs. Calvert said she would have to check to see what Lot and Block it should be. . ~ Page 7 P & Z Minutes September 22, 1983 . PS 83-96 APPROVED Ms. Nash made the motion to approve PS 83-96 subject to the Engineer's comments and subject to changing the name of the addition to Meadowview Estates. This motion was seconded by Mr. Bowen and the motion carried 5-0. 8. PS 83-99 Request of D. E. Pentecost for final plat of Holiday North, Section 11. Ernest Hedgcoth, Consulting Engineer, came forward to represent Mr. Pentecost. He stated they had received the City Engineer's comments and will make the necessary corrections. Mr. Hedgcoth said they will construct a 12 inch water line with the city's participation in the oversizing of an 8 inch line. He said they will pay their pro rata share of the existing sewer line. Mr. Hannon asked where the boundary line was for Lot 2. . Mr. Hedgcoth said it was the eastern boundary of the drainage easement. Mr. Hannon said he needs heavier lines showing the division of the lots and also, he needs to put the monuments at the corners. Mr. Hedgcoth said he will do that. PS 83-99 APPROVED Mr. Hannon made the motion to approve PS 83-99 subject to the Engineer's comments and further subject to the Engineer showing the lot lines and monuments on the plat. This motion was seconded by Ms. Nash and the motion carried 5-0. Chairman Tucker stated the Commission will hear the next two requests together. 9. PS 83-100 Request of Dr. D. J. Anderson for preliminary plat of Lot 1, Block 1, D. J. Anderson Subdivision. . 10. PS 83-101 Request of Dr. D. J. Anderson for final plat of Lot 1, Block 1, D. J. Anderson Subdivision. ~ Page 8 P & Z Minutes September 22, 1983 . Thomas Elting, Architect, came forward to represent Dr. Anderson. He said they had received the City Engineer's letter and they have no objection to the comments, but would like to ask if the other property owners will be required to pay for the water line. Mr. Bronstad said they will when the water line is extended. Mr. Elting said, then, they have no objections to the comments. Mr. Bowen asked if they had submitted any water plans. Mr. Elting said Colleyville is presently serving this property water. . Mr. Bronstad said we can not extend more than 100 feet. He said this city does not serve anyone north of Shady Grove Road, they are served either by Keller or Colleyville. Mr. Bronstad said in order for North Richland Hills to serve them we would have to obtain a release from the PUC. Mr. Hannon said they must provide fire protection. Mr. Hannon said he has problems with this preliminary and final plat. He said they do not meet North Richland Hills' Subdivision Ordinance. Mr. Hannon said their Engineer needs to purchase a North Richland Hills Subdivision Ordinance and redo these plats. He showed Mr. Elting the problems. PS 83-100 DENIED Mr. Hannon made the motion to deny PS 83-100. This motion was seconded by Mr. Schwinger and the motion to deny carried 5-0. PS 83-101 DENIED Mr. Hannon made the motion to deny PS 83-101. This motion was seconded by Ms. Nash and the motion to deny carried 5-0. . ~ Page 9 P & Z Minutes September 22, 1983 . 11. PS 83-102 Request of Terry Sisk for replat of Lots lA-R and IB-R, Block 10, Richland Heights Addition. Mr. Sisk came forward. He said he had received the City Engineer's comments and he takes no exception to them. Mr. Hannon said the Director of Public Works has stated there is a need for curb and gutter on Lynn Terrace and a drainage study made before approval of this plat. Mr. Sisk said he was not told anything about this. He said he could not agree to this for the other owners. Mr. Sisk said this lot is bounded by the VW dealership and the Mini Warehouses on two sides and by two streets on the other two sides. . Mr. Bronstad said the city would like to see engineering plans on the curb and gutter. Mr. Sisk said since he did not know about this prior to this meeting, he could not answer for the other owners of this property. Councilman Davis said it is city policy to allow you to put it in escrow. He said they probably did not have a city policy on that when this was originally platted. Mr. Sisk said he could not get in touch with the other owners now, but asked if the Commission would approve this replat subject to him talking with them tomorrow. Chairman Tucker said he realizes this puts a bind on both sides. Mr. Hannon said we need city personnel to take care of problems like this before coming to the Commission. . ~ Page 10 P & Z Minutes September 22, 1983 . PS 83-102 DENIED Mr. Hannon made the motion to deny PS 83-102. This motion was seconded by Ms. Nash and the motion to deny carried 5-0. 12. PS 83-103 Request of Gary A. Fox for Short Form Plat of Lot 1, Block 26, Clearview Addition (previously submitted as Lot 1, Block 1, Fox Addition). Joe Wright, Wright Construction, came forward to represent Mr. Fox. He said they want to add on to the existing building which was built in 1974. Mr. Wright said he was not sure if the city had an ordinance which required platting property at that time. He said they plan to build offices on the top of the existing building. Mr. Wright said they had received the City Engineer's comments and their engineer had responded. . Councilman Davis asked if Short Form Platting was only for Single Family. Chairman Tucker said it was not. Councilman Davis said he was of the opinion it was only for single family and requested a clarification of this ordinance. RECESS Chairman Tucker called a recess at 8:30 P. M. to look at the ordinance. BACK TO ORDER Chairman Tucker called the meeting back to order at 8:35 P. M. with the same members present. Chairman Tucker said he read the ordinance and Short Form Platting is for any lot which has an existing building on it. . Chairman Tucker told Mr. Wright that his engineer said they took exception to TESCO's request for an additional easement and asked if this was correct. ~ Page 11 p & Z Minutes September 22, 1983 . Mr. Wright said that was correct. He said this is a triangular shaped lot and TESCO already has lines across each side and across the front, then they go down Harwood Road and Highway 26 to serve the others. Mr. Wright said they feel TESCO just saw a chance to get another easement and they do not feel they need this additional easement. Mr. Hannon said it probably is needed to serve the property next door. Mr. Wright said the existing property is being served without the easement now, but if the Commission says they must agree to the easement, they will. Chairman Tucker asked if they had contacted TESCO about the need for the easement. Mr. Wright said they had not. . Chairman Tucker said for Mr. Wright to have his engineer get with TESCO and if TESCO states the easement is not needed, that will be fine with the Commission. Mr. Hannon said if the existing buildings on each side are already being served, he felt they probably would not need the easement. PS 83-103 APPROVED Mr. Hannon made the motion to approve PS 83-103 subject to the Engineer's comments #1, 2, 3, & 4 of the letter dated September 14, 1983. This motion was seconded by Mr. Bowen and the motion carried 5-0. 13. PZ 83-56 Request of Olen Beck with Lolita's Mexican Restaurant to rezone a portion of Lot 4R2, Block 10, Snow Heights North Addition, from its present classification of Local Retail to a proposed classification of Local Retail-Specific Use-Sale of Alcoholic Beverages. This property is located on the east side of Rufe Snow Drive and approximately 340 feet north of Meadowcrest Drive. . ~ Page 12 P & Z Minutes September 22, 1983 . Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Burk Collins, owner of the property, came forward. He stated that Mr. Beck presently has a restaurant in Haltom City and plans to relocate in North Richland Hills at this location. Mr. Collins said if the Specific Use is granted, it should be in the name of Olen Earl Beck. 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 83-56 APPROVED Mr. Bowen made the motion to approve PZ 83-56. This motion was seconded by Ms. Nash and the motion carried 5-0. . 14. PZ 83-57 Request of Jack S. Cook to rezone Tract 2G1A, John McComas Survey, Abstract 1040, from its present classification of Agriculture to a proposed classification of IF-9-1500 One Family Dwellings. This property is located on the north side of Odell Street and approximately 300 feet west of Smithfield Road. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Delbert Stembridge, Consulting Engineer, came forward to represent Mr. Cook. He stated that Mr. Cook desires to build some residences on his property in the future. . Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. . . . ~ Page 13 P & Z Minutes September 22, 1983 There being no one wishing to speak, the Chairman closed the Public Hearing. PZ 83-57 APPROVED Mr. Bowen made the motion to approve PZ 83-57 as requested. This motion was seconded by Mr. Hannon and the motion carried 4-1 with Ms. Nash voting against. 15. PZ 83-58 Request of David Autrey to rezone Tract 2GIAl, John McComas Survey, Abstract 1040, from its present classification of Agriculture to a proposed classification of IF-9-1500 One Family Dwelling. This property is located on the north side of Odell Street and approximately 225 feet west of Smithfield Road. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. Hannon said this request does not meet the IF-9 zoning requirement of 9500 square foot lot; they only have approximately 7000 square feet. He said it also does not meet the depth and width requirement of 110 feet deep and 70 feet wide. Mr. Hannon said he did not feel this Commission should hear this case. Councilman Davis said since the notices were sent out, he feels they should have the Public Hearing. Delbert Stembridge, Consulting Engineer, came forward to represent Mr. Autrey. He said he did not realize until he started to leave his office today that it did not meet the requirement. Chairman Tucker said it does not meet the requirement for IF-9 nor IF-8 zoning and we no longer have IF-7. He said the Planning and Zoning Commission has no choice. ~ Page 14 p & Z Minutes September 22, 1983 . Chairman Tucker said if they could purchase additional property on either side to get the square footage, then they could go to the Zoning Board of Adjustment for a variance on the depth requirement. Mr. Bowen said the lot would be deep enough for IF-8 zoning and they would only need an additional 10 feet on either side. Mr. Stembridge said the people on either side might not sell them 10 feet. Chairman Tucker said then they would need to take their problem to the City Manager and City Council. Mr. Stembridge said if the Commission would deny this request they could appeal to the City Council. . Councilman Davis said they should try to buy a few feet from the property owners on either side to qualify for the IF-8 zoning. Sue Flory, seller of the property, came forward. She said she had been to the city and talked to several people who said they needed to ask for 8000 square feet, but would need a variance. Chairman Tucker said this Board cannot grant variances. 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 Planning and Zoning Commission has no choice but to deny both the zoning and platting requests on this property. ~ Page 15 P & Z Minutes September 22, 1983 4IÞ PZ 83-58 DENIED Mr. Hannon made the motion to deny PZ 83-58. This motion was seconded by Ms. Nash and the motion carried 5-0. 16. PS 83-97 Request of D.L. Autrey for preliminary plat of Lot 5, Block 1, Mollie B. Collins Addition. PS 83-97 DENIED Mr. Hannon made the motion to deny PS 83-97. This motion was seconded by Mr. Bowen and the motion carried 5-0. 17. PS 83-98 Request of D.L. Autrey for final plat of Lot 5, Block 1, Mollie B. Collins Addition. PS 83-98 DENIED Mr. Hannon made the motion to deny PS 83-98. This motion was seconded by Ms. Nash and the motion carried 5-0. 18. PZ 83-59 Request of Folsom Investments, Inc. to remove the Flood Plain designation from the zoning map on portions of Walkers Branch Addition. This property is located at the northwest corner of Grapevine Highway and Harwood Road. . Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Gordon Swift, Consulting Engineer, came forward to represent Folsom Investments. He stated they want to clean up the action in Walkers Branch. Mr. Swift stated the preliminary for this property was approved August, 1979 and the final was approved by the Planning and Zoning Commission December, 1981 and by the City Council January, 1982 and then recorded. . Mr. Swift said after doing all the work on this property, the Flood Plain had been redesigned. He said after having a meeting with the City Staff, they found they needed to correct the City's Zoning Map. Mr. Swift said this plan has been reviewed by the City Engineer and City Staff and they recommended they do this. ~ Page 16 P & Z Minutes September 22, 1983 . Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. J. D. Lunsford, 3816 Diamond Loch East, came forward. He said he owns some property across from Fox Rental which is adjacent to this property. Mr. Lunsford said with this realignment, he feels they have diverted more water than ever which has to go through 6 to 8 foot culverts. He asked what was going to be done about this. Councilman Davis stated there is a Capital Improvement Program for Richland Oaks area. He stated there is a problem at the intersection of Harwood Road and Grapevine Highway which is not controlled by the city. Councilman Davis said, hopefully, the flooding will be taken care of with the new concrete-lined channels. . Mr. Lunsford asked if there would be construction within the existing Flood Plain. Councilman Davis said there would be. Mr. Lunsford said what they have already done helped, but he is concerned about the effect this would have on his property. Mr. Hannon said this action will not allow Folsom to do anymore than he can already do; he is only redefining where the Flood Plain is. Councilman Davis showed Mr. Lunsford where the Flood Plain will be. . Mr. Lunsford said his concern was for the adjacent property owners. He said he had talked to the Corp of Engineers and they still show this area in the Flood Plain. Mr. Lunsford asked if the property owners would have any recourse if this does not work. He said he felt this was compounding their problem. ~ Page 17 p & Z Minutes September 22, 1983 . Mr. Hannon said if we have made a mistake, you have recourse to the city and the developer, but he feels the city is making an effort to eliminate the problem. Mr. Lunsford said they may make it work now, but he is concerned for later when all the apartments are built and with all the asphalt. Councilman Davis said he felt the city is doing everything they can to correct the problem. Ann Robinson who lives in Richland Oaks, came forward. She asked if they plan to build up the property anymore. She said they have filled in a lot and with the other apartments built on the other side of the creek, the adjacent property keeps getting lower and lower. . Mr. McMillan with Folsom Investments came forward. He said they have filled in all that is needed on their property. Ms. Robinson asked what they plan to put on this property. Chairman Tucker said it was not the place of this Board to find that out, that becomes a platting matter, but the property is zoned Multi Family and Local Retail. Mrs. Allen Chaffin, 5144 Jennings Drive, came forward. She said it was in the Flood Plain and now they have built it 7 feet above the highway. Mrs. Chaffin said the adjacent property will flood. She said they have already bought flood insurance. Mrs. Chaffin said now, when they get only a 2 inch rain, the channel is full. . Mrs. Chaffin said she wanted to make it a matter of record that we are concerned; when they blacktop this property, there will be flooding. Page 18 p & Z Minutes September 22, 1983 . Chairman Tucker closed the Public Hearing. PZ 83-59 APPROVED Mr. Bowen made the motion to approve PZ 83-59. This motion was seconded by Mr. Schwinger. Chairman Tucker said by the Commission taking these actions, they are not granting some use for this property. The motion carried 3-1 with Ms. Nash voting against and Mr. Hannon abstaining. ADJOURNMENT The meeting adjourned at 9:25 P. M. ¿J~cc ~r CHAIRMAN, PLANNING AND ZONING COMMISSION . N7 /i!¿-/¿>;t-~ ----Gf! L;J;;;:;¿ SECRETARY. P~ING AND ZONING COMMISSION .