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HomeMy WebLinkAboutPZ 1983-12-15 Minutes ""1 . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS DECEMBER 15, 1983 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman, George Tucker, at 7:30 P.M. ROLL CALL PRESENT: Chairman Secretary Member Alt. Member Councilman Asst. Dir. PW/U P & Z Coordinator George Tucker Marjorie Nash Don Bowen John Schwinger Richard Davis Allen Bronstad Wanda Calvert ABSENT: Mark Hannon Mark Wood CONSIDERATION OF THE MINUTES OF NOVEMBER 17, 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. . 1. PS 83-124 Request of Southland Financial Services for final plat of Foster Village Addition, Section eleven. PS 83-124 APPROVED Ms. Nash made the motion to approve PS 83-124. This motion was seconded by Mr. Schwinger and the motion carried 4-0. 2. PS 83-125 Request of Wayne Steward for final plat of Blocks 13 thru 25, Fox Hollow Addition. Chairman Tucker said after reviewing this plat, the Commission has some problems with this plat. Phillip Barnett with Barnett Teames & Associates came forward to represent Mr. Steward. Chairman Tucker asked why they changed the names of the Courts on the final plat. . Mr. Barnett stated it was at the suggestion of the Public Works Director. Page 2 P & Z Minutes December 15, 1983 . Chairman Tucker stated there were off-sets on the streets "Dana Lane and Teresa Court" and asked why. Mr. Barnett said that was the way the preliminary plat was approved. Chairman Tucker stated there were some 15 lots which do not have the required 8,000 square feet. Mr. Barnett said he would look into that and could easily change them. Councilman Davis stated they need verification that all lots have 60 foot frontage. Mr. Barnett said he would take care of that. Mr. Bronstad said Edenburg Drive and Jamie Lane in the subdivision to the east do not line up. . Mr. Barnett said that could be changed. PS 83-125 DENIED Mr. Bowen said he did not feel that this final plat was ready so he made the motion to deny PS 83-125. This motion was seconded by Ms. Nash and the motion to deny carried 4-0. 3. PS 83-126 Request of Jack S. Cook for preliminary plat of Lots 5 & 6, Block 1, Mollie B. Collins Addition. Mr. Bowen made the motion to approve PS 83-126. This motion was seconded by Mr. Schwinger and the motion carried 4-0. Councilman Davis said they should have stated they would waive items 4 and 5 of the City Engineer's letter. Ms. Nash made the motion to reopen PS 83-126. This motion was seconded by Mr. Bowen and the motion carried 4-0. . Page 3 P & Z Minutes December 15, 1983 . PS 83-126 APPROVED Mr. Bowen made the motion to approve PS 83-126 and waive items 4 and 5 of the Engineer's letter of December 7th. This motion was seconded by Mr. Schwinger and the motion carried 4-0. Chairman Tucker said the Commission would hear the next two requests together. 4. PS 83-127 Request of Martin Development Company for preliminary plat of Lot 18, Block 1, Meadow Ridge Estates (previously submitted as Lot 1, John Vandusen Addition). 5. PS 83-128 Request of Martin Development Company for final plat of Lot 18, Block 1, Meadow Ridge Estates (previously submitted as Lot 1, John Vandusen Addition). . Chairman Tucker said there was a question regarding item #7 of the Engineer's letter regarding a stub out for this lot. Mr. Martin came forward. Mr. Bronstad said Mr. Martin stubbed out for this lot when he was putting the utilities in on his subdivision to the west. Mr. Martin said that was correct. PS 83-127 APPROVED Mr. Schwinger made the motion to approve PS 83-127 with the exception of item #7 which they would waive. This motion was seconded by Mr. Bowen and the motion carried 4-0. PS 83-128 APPROVED Mr. Bowen made the motion to approve PS 83-128 and waive item #7 of the Engineer's letter. This motion was seconded by Mr. Schwinger and the motion carried 4-0. 6. PS 83-129 Request of John W. Barfield for final plat of Sunny Meadows Addition, 5th Filing. . ~ Page 4 P & Z Minutes December 15, 1983 . Owen D. Long, Consulting Engineer, came forward to represent Mr. Barfield. Chairman Tucker said in the preliminary plat, there were several oversized lines required for Sunny Meadows, 4th Filing. Mr. Long said that was correct. He said the oversizing comes through the 5th Filing; the other lines have been oversized. Mr. Long said there are no pro ratas for the oversizing. Councilman Davis asked about the four lots of Mr. Newman's. Mr. Long said the engineering should show service to those lots because since they did the preliminary plat they had made an agreement with Mr. Newman to purchase them. . Mr. Bronstad said Mr. Long should state that whoever gets there first, the City or the Developer, would put in the 16 inch line along Davis Boulevard. Mr. Long said that was correct. He stated the city had already gone out for bids on the project. Mr. Schwinger asked if Newman Drive would intersect with Davis Boulevard. Mr. Long said it would and in time, they plan for it to go along the mobile home park to Grapevine Highway. Councilman Davis asked if they had a deed to the 30 foot strip. Mr. Long said they did and they would build the street. PS 83-129 APPROVED Ms. Nash made the motion to approve PS 83-129. This motion was seconded by Mr. Schwinger and the motion carried 4-0. . ~ Page 5 P & Z Minutes December 15, 1983 . 7. PZ 83-68 Request of Randy 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 Davis Boulevard and Smithfield Road. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Dub Hudman, Attorney, Rt. 1, Box 377, Azle, Texas, came forward to represent Mr. Stewart. He said they are requesting a Special Use permit for their convenience store they opened in early August. Mr. Hudman said they presently have stores selling beer to the north and south of this store. . Mr. Hudman said they have met all the requirements. He said the distance from their store to the church is 660 to 680 feet which meets both the city ordinance and the state requirement. Chairman Tucker said the survey shows 681 feet from door to door. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. Gay Castleberry, 6109 Smithfield Road, came forward. She said she was opposed to them selling liquor across the street from her home and the church. . Dwain Klopfenstein, 5513 Dublin Lane, came forward to represent College Hill Assembly of God church. He stated the number one problem was the traffic. He said the traffic would increase which is terrible on Davis Boulevard now. Mr. Klopfenstein said there had been a recent pile-up there. He said it was suicidal for pedestrians and school children to walk there. ~ Page 6 p & Z Minutes December 15, 1983 . Mr. Klopfenstein said they have a problem exiting off Davis Boulevard to their church property; those getting onto Davis Boulevard from Smithfield Road never see the ones trying to exit from Davis Boulevard to our church. Mr. Klopfenstein said there are four convenient stores already on Davis Boulevard; do we need more? He said they do not want Davis Boulevard to look like 28th Street and Belknap Street. Mr. Klopfenstein said he believed the Commission should consider leaving the zoning as it is and if there needs to be more revenue, they should go where it is already zoned for this. Chairman Tucker said you have to ask for this Special Use in order to sell within the city and it is granted to the people, not the address. . Chairman Tucker asked if he thought off-premise beer sales would add more traffic to Davis Boulevard. Mr. Klopfenstein said it probably would not increase traffic, but would cause more accidents. . Joe Barnett, 6000 Davis Boulevard, came forward. He said he lives across the street from this property. Mr. Barnett said he was here to represent the ones most affected by this request, himself, his father, and his brother who lives directly across from this store. He said his brother has a very expensive home with a circular drive and he gets all the trash from this store. Mr. Barnett said his brother had two brick light standards, but one is missing since someone missed the turn and knocked it down about two years ago. He said his niece lives in the next house. Mr. Barnett said a number of people called him asking if he planned to go to this meeting, but he did not receive a notice. ~ Page 7 P & Z Minutes December 15, 1983 . Mr. Barnett said the law requires everyone within 200 feet be notified. He said the church received a letter. He said they have a child care center and the young people often have bazaars. Mr. Barnett said Mr. Long made comment on item PS 83-129, the property directly across Davis Boulevard from this property. He said he would have the say where their water is dumped. Chairman Tucker asked Mr. Barnett to stick to the subject unless it pertained to this case. Mr. Barnett said it did pertain to this subject. He said one of the streets they propose will probably intersect Davis Boulevard where Randy's is located. . Mr. Barnett said the last time he came before this Commission, he expressed gratitude and stated that the State was going to widen Davis Boulevard. He said this has now been done and Randy's drive encroaches into the State Highway. Mr. Barnett said this is a high risk intersection. He said he understands the State did the labor and the city furnished the material. Mr. Barnett said there has been much in the paper about changing the drinking age to 21; the Blue Ribbon Commission has recommended stricter enforcement. He said in order to compel the States to comply, the highway funds were withdrawn and they are not paving any new lanes. He said if we want the street widened beyond Randy's, we will need Highway funds. . Mr. Barnett said there are 27,000 deaths attributed to driving while intoxicated; one out of every 10 cars drive while intoxicated; and the leading cause of death of the 16 to 24 year olds is driving while intoxicated. ~ Page 8 p & Z Minutes December 15, 1983 . Chairman Tucker said we are here to discuss a zoning case, not who they can sell to. Mr. Barnett said there are several stores which sell beer both north and south of this property and he did not feel there was a need for one at this specific site. He said he would like to see Mr. Stewart be successful but felt this would make this area a hazard. Mr. Barnett said his property was across the street from the 7-11 store on College Circle. He said someone in a white pickup came across Davis Boulevard, drove across his property and demolished a building. He said there were 6 packs left there. Mr. Barnett said he plans to file a complaint with the police department. . Mr. Barnett said Mr. Long's, Mr. Barfield's, and Mr. Cook's development will give this area more traffic. He said not one citizen of North Richland Hills or any mother who brings their child to this church needs the pain and suffering this could bring. He said he did not feel they had measured correctly; he felt it should be from the property line of the church. Chairman Tucker said the State law says it must be measured from door to door and that is how it was measured. Alletha Barnett, 6201 Smithfield Road, came forward. She said she did not want more traffic; the Green Valley traffic is enough. Chairman Tucker asked for a show of hands of the people who were in opposition to this request. There were approximately 17. Chairman Tucker asked if anyone else wished to speak in opposition. . ~ Page 9 P & Z Minutes December 15, 1983 . There being no one wishing to speak, the Chairman closed the Public Hearing. Mr. Bowen asked if Mr. Barnett was contacted. Mrs. Calvert said she measured 200 feet around this property, but she was not above making a mistake. Councilman Davis said they could be contacted. He said this is only a recommendation to the City Council. Mr. Barnett said he was not here to cause a problem. PZ 83-68 APPROVED Ms. Nash said in light of the fact that this meets all the requirements, she would make a motion to approve PZ 83-68. This motion was seconded by Mr. Bowen. . Mr. Bowen said he does sympathize with the citizens, but he does not feel the Commission could turn the request down since it does meet all the requirements. The motion to approve carried 3-1 with Mr. Schwinger voting against. ADJOURNMENT The meeting adjourned at 8:35 P. M. ß~ ^- ~:::~!'<'.:0:e~(; (- ~ r CHAIRMAN PLANNING & ZONING COMMISSION C--~,U/>~'-,,! ...,:.'._.~..',". ._'. .."., . ,< _. ..... \..'_'_'... .:) ./)...... /~} t/ t/ ¡ ?-.~- ",' ...;" - ~.~"-' \,-/ / - ,;.,,'( ¿::::;;a>v~ SECRETARY PL~ING & ZONING COMMISSION .