Loading...
HomeMy WebLinkAboutPZ 1982-01-28 Minutes . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, JANUARY 28, 1982 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Carl Greenfield, at 7:30 P. M. ROLL CALL PRESENT: CHAIRMAN SECRETARY MEMBERS COUNCILMAN DIRECTOR OF DEVELOPMENT P & Z COORDINATOR ABSENT: MEMBER CONSIDERATION OF THE MINUTES OF DECEMBER 17, 1981 Carl Greenfield Marjorie Nash Don Bowen George Tucker Jim Ramsey Allen Bronstad Wanda Calvert Mark Hannon Mrs. Nash moved, seconded by Mr. Bowen, to approve the minutes as written. . This motion carried 4-0. CONSIDERATION OF THE MINUTES OF THE SPECIAL MEETING OF JANUARY 5, 1982 Mr. Bowen moved, seconded by Mr. Tucker, to approve the minutes as written. The motion carried 4-0. NEW BUSINESS 1. PS 81-69 Request of Fredrick D. Culp for preliminary plat of Lot 1, Block 1, Culp Addition. Delbert Stembridge, Consulting Engineer, came forward to represent Mr. Culp in his request. He said Mr. Culp's property was located on Davis Blvd. just north of Main St. Mr. Stembridge said Mr. Culp was platting this property so he can comply with the City Ordinances so he may obtain a building permit for a 40 X 50 ft. storage building. Mr. Stembridge said the City Engineer stated in his letter that Mr. Culp has to extend the 12 inch water and sewer lines and install a fire hydrant which would be a financial strain. . He said they are requesting the Commission approve this request without this requirement. ~ Page 2 P & Z Minutes January 28, 1982 . PS 81-69 APPROVED Mr. Tucker moved to approve PS 81-69 and to waive item #3 with the stipulation that at such time the water and sewer is available that Mr. Culp would extend to his property. This motion was seconded by Mrs. Nash and the motion carried 4-0. 2. PZ 81-43 Request of Chili IS Inc. to rezone Tract 11A2, Abstract 1606, W. W. Wallace Survey, from its present classification of Commercial to a proposed classification of Commercial-Specific Use-Sale of Alcoholic Beverages. (Lot 4, Blk. 2, Cochran Addn.). This property is located on the south side of Bedford Euless Road and is bounded on the east by Jamie's Restaurant. Marian Massey, Attorney, came forward. He sai d he was representing the owner, 'Bryan Anderson and Bob Uhler with Chili IS. . Mr. Massey said the property in question is the old sub-courthouse. He said they plan to level the existing building and come back in with their floor plan and build a nice restaurant on what is now known as "Restaurant Row" . Mr. Massey sai'd they are requesting Specific Use zoning for the sale of alcoholic beverages. Mr. Massey stated that somehow this property was never platted so they are also here for the platting. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. There being no one, the Chairman called for those wishing to speak in opposftion to this request to please come forward. PZ 81-43 APPROVED There being no one wishing to speak, the Chairman closed the public h.earíng. Mr. Tucker moved to approve PZ 81-43. . This motion was seconded by Mr. Bowen and the motion carried 4-0. ~ Page 3 P & Z Minutes January 28, 1982 . 3. PS 81-70 Request of Bryan Anderson & Chili's, Inc. for preliminary plat of Lot 4, Block 2, Cochran Addition. 4. PS 81-71 Request of Bryan Anderson & Chili IS, Inc. for final plat of Lot 4, Block 2, Cochran Addition. Marian Massey, Attorney, came forward. He said they had requested the Commission hear both the preliminary and final at the same time since time was of a necessity. PS 81-70 APPROVED Mr. Bowen moved to approve PS 81-70 subject to the engineer's comments. This motion was seconded by Mr. Tucker and the motion carried 4-0. PS 81-71 APPROVED Mr. Tucker moved to approve PS 81-71. This motion was seconded by Mr. Bowen and the motion carried 4-0. . 5. PZ 81-44 Request of Claude Byrd to rezone Lot 6, Block 23, Clearvi'ew Addition, from its present classification of IF-9-0ne Family Dwelling to a proposed classification of Commercial-Specific Use-Parking Lot. This property is located on Maplewood Drive and is bounded on the southeast by Byrd Automotive. Claude Byrd came forward. He said they were requesting the zoning be changed from IF-9- Single Family to Commercial-Specific Use- Parking Lot. He showed pictures to the Commission of the property. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. There being no one, 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. . Page 4 P & Z Minutes January 28, 1982 . PZ 81-44 APPROVED 6. PZ 81-45 . . ~ Mr. Tucker moved to approve PZ 81-44 as requested. This motion was seconded by Mrs. Nash and the motion carried 4-0. Request of Nassar Shafipour to rezone Tracts B1A & 18B, Abstract 1606, W. W. Wallace Survey, from their present classi- fication of Local Retail to a proposed classification of Commercial-Specific Use- Office Building and/or Apartments. This property is located on the east side of Davis Blvd. and is bounded on the east by Irish Meadows Addition. The Chairman stated this was a rehearing due to a technical error. Mr. Delbert Stembridge, Consulting Engineer, came forward to represent Mr. Shafipour in his request. He stated that Mr. Shafipour wishes to build office buildings and/or apartments which would fit in the present zoning of Local Retail, the only reason he is requesting this zoning change is he may wish to exceed the two story height restriction. Mr. Tucker asked if Mr. Shafipour was aware that if the Commission sees fit to approve this zoning that at the time of platting the Commission will be greatly interested in where he plans to put the structures. Mr. Stembridge stated that Mr. Shafipour would be glad for the Commission to look hi.s plans over. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Joe Barnett, 6000 Davis Blvd., came forward. He said his property joins this property on the north. Mr. Barnett said he was speaking IIforll "conditionally". He said as a matter of record, he appeared for the hearing of this request on January 5th at the stated time and the hearing had been heard some 1~ hours earlier. ~ Page 5 P & Z Minutes January 28, 1982 . Mr. Barnett said that since that time he had been in contact with Mr. Shafipour and Mr. Shafipour had called him. He said that Mr. Shafipour had referred him to individuals who he refers to as his Trustee and Engineer. Mr. Barnett said he would like to share with the Commission the results of these conver- sations. . Mr. Greenfield said the Commission is interested in what you have to say, but not sure they need to take the time for him to relay conversations. He said the Commission is interested in the issues Mr. Barnett wishes to address whether they are for or against. Mr. Barnett asked if this was an open hearing; was this meeting cut and dried, and was there any need for him to be there. He said if they would allow htm in the interest of the City of North Richland Hills and the people of North Richland Hills the intent of the use of this piece of property. Mr. Tucker said he believes that since Mr. Barnett had taken his time to come here that he should be allowed to make his full state- ment for the record so that he (Mr. Tucker) could make an intellegent decision on the matter. Mr. Bowen said he agreed, but he felt as Mr. Greenfield that he should stick to the subject at hand. Mrs. Nash said she was interested in the conditions regarding the zoning. Mr. Greenfield asked Mr. Barnett to continue. Mr. Barnett said that on January 15, 1982, Mr. Shafipour called him at his office and said he had owned this property for about a year. He said he told him that Mr. Keel was his Trustee and that David Barfield was his Engineer, but Mr. Barnett said he believed he meant Mr. Barfield was his Surveyor. . Mr. Barnett said he contacted Mr. R.V. Keel, his Trustee. He said Mr. Keel advised him that he was Mr. Shafipourls Trustee and Real Estate Broker and that he handles all of Mr. ~ Page 6 P & Z Minutes January 28, 1982 . Shafipourls property and that David Barfield was the Surveyor. Mr. Barnett said that Mr. Keel said that Mr. Shafipour has yet to develop one single piece of property he has; he doesnlt have the expertise to develop the property. Mr. Keel said they tried it one time and it was a miserable failure. He said Mr. Keel stated that Mr. Shafipour has made his money speculating on land. He said Mr. Shafipour was now trying to sell the property south of Mockingbird Lane. Mr. Barnett said Mr. Keel said that Mr. Shafipour does not have the resources to handle a large deal and is just a speculator in land. . Mr. Barnett said based on this information, he would like to submit a proposal to the Planning and Zoning Commission of North Richland Hills. He presented copies to all P & Z members, city staff, and Delbert Stembridge. He read the proposal which he stated was a draft: JlRecommendation of the Planning & Zoning Commission of the City of North Richland Hills, Texas to the City Council, North Richland Hills, Texas: Be it resolved by the Ci'ty of Nörth Richland Hills, Texas that the Zoning request of Mr. Nasser Shafipour, PZ81-45, upon the submission and approval of final plat, in hand, of record, be in all things approved as set forth herein, accordi'ngly, as CONDITIONAL SPECIFIC USE- COMMERCIAL, then, and only then, upon the execution of an acceptable IIAssurance BondJl* in reasonable amount, which amount is here determined to be One Hundred Thousand Dollars ($100,000.00), issuing in the name and to the CITY OF NORTH RICHLAND HILLS, TEXAS, TRUSTEE, the City as trustee for the beneficial trust and interest of the lIaffected property ownersll**, condi'tioned upon (a) the faithful performance and development of the described property within a period of two (2) years from date of final approval hereof, according to the specifications, terms, plans, and final plats attached hereto and incorporated herein, and upon the (b) faithful agreement and warrant to protect, save and defend those said certain property owners in the event of such failure . Page 7 P & Z Minutes January 28, 1982 . . . ~ or action contrary to the specific use set forth herein, nought failing, heirs, successors and assigns so obligated, and, if for any reason whatsoever, should such development fail to proceed and progress as specified, then the zoning hereof is nul), moot, and void, in all things revoked, save, unless and except said owner, on or before sixty (60) days prior to the end of such two (2) year period furnishes the City of North Richland Hills, Texas an acceptable new bond of like amount and manner, conditioned as above, and thereupon, a single extension of two (2) years duration shall be granted, without other notice or action. Upon the development of the property described herein according to the requirements hereof, the zoning shall become permanent and final. *IIAssurance Bondll = "'Sub-Division Bondll ** IIA ffec ted Property Owners II = Owners of rea 1 property within 200 feet of property being rezoned, as legally required, as of the date of final approval hereof. II Mr. Barnett said this type of a bond was not an unusual bond and he could furnish approxi- mately 6 names of Bonding Companies who would issue such a bond. He said the rates are set by the state at $15.00 per $1,000.00. Mr. Barnett said the whole reason to be for thi's Planning and Zoning Commission is to zone or rezone properties subject to a standard or mode of development condusive to the City of North Richland Hills and should not zone it just for speculation. He said that Mr. Shafipour had already offered it to him for sale. Mr. Tucker said he had a question for Mr. Bronstad. He sai'd he did not feel this was in the Commi'ssionJs privilege on this. He said he feels this would have to be something the council would have to act on after legal council with the City Attorney. He said he had seen thi's type of thing before, but not in Texas. Mr. Bronstad said he felt the City Attorney would have to be contacted regarding this. ~ Page 8 P & Z Minutes January 28, 1982 . Mr. Tucker asked Mr. Barnett if this is developed as requested, would he not be opposed to it. Mr. Barnett said that was correct, he does not want a junk yard next to his property. Mr. Tucker said that was the reason for the Specific Use zoning-so he could not put a junk yard there. He said if the property is sold and these office and apartments were not built, the zoning would revert back to L oc a 1 R eta i 1 . Mr. Tucker asked Mrs. Calvert if this were true. Mrs. Calvert stated if the Commission tied it down to the person, it would, but if it was granted Commercial-Specific Use-Office and/or apartments, only that could be built there. . Mr. Greenfield stated it was their policy to attach the Specific Use to the individual and if would revert back to Local Retail. Mr. Barnett said if this is the procedure whereby this Commission is going to act, he would request full disclosure and the specifics of the Specific Use be presented in Public session for review to those affected property owners within 200 feet of this property. He said he wants to know what the specifics are. Mr. Greenfield stated that what Mr. Barnett passed out was not in this Commission's perview to deal with at this time, in this form, it would have to be the Council and the City Attorney. Mr. Greenfield said what the Commission can deal with is to try to resolve the issue where the same thing will be accomplished. Mr. Barnett stated there were 4 points in the document draft that he wishes to make: 1. The zoning not be final until the final plat is presented. . Mr. Tucker said with our present Ordinance and Charter, this would not be possible. -- Page 9 p & Z Mi,nutes January 28, 1982 . Mr. Barnett said #2-is an Assurance Bond be executed between those parties who are speculating on land; #3-to save, protect and defend the adjoining property owners; to protect the interest of the people of North Richland Hills in all issues. j Mr. Barnett said should these conditions not be met, he wants to go on record that he is asking the Commission to deny this request. He said if there is going to be a specific use, put a Conditional Specific Use on it with a time limit of two years, because thats how long a bond would be. Mr. Barnett said the second point was that each detail of what that Specific Use is- sight consideration, type of structure, etc. be made public. The Chairman called for anyone else wishing to speak in favor of this request to please come forward. . There being no one, the Chairman called for those wishing to speak in opposition to please come forward. The Chairman asked Mrs. Calvert how many property owners were contacted. Mrs. Calvert stated 19. Tom Schmidt, 7904 Irish Drive, came forward. He said hi's property borders this property. Mr. Schmidt stated that apartments get so run down. He asked about fences. Mr. Schmidt stated if they build more than two stories, it would cut down their privacy. He said he was requesting to keep it the way it is now. Mr. Bowen asked Mr. Schmidt to show where his property was located. The Chairman closed the Public Hearing. . Mr. Tucker stated that Mr. Barnett had made some good points, he does not agree with all points, but he has raised some issues the Commission should explore further. ~ Page 10 P & Z Minutes January 28, 1982 . Mr. Tucker stated he was not prepared to act on Mr. Barnett's legal draft. He said he felt the Commission should take another look at this matter with the City staff and the City Attorney before making a decision. He said he wants to know under our present rules and regulations, how restrictive can the Commission get. Mr. Bowen said he was having a little problem with the assurance bond. He said he did not see the necessity of it. Mr. Greenfield said the question is for the highest and best use of the land, not whether it is going to be developed right away or not. He said he felt tying it down to the Specific Use would be sufficient. Mr. Greenfield said he felt they should approve it and have the council decide whether to use this document. . Mrs. Nash said she would prefer to table this until they could get a clarification on this before acting on it. She said she felt they should discuss this with the City Staff and City Attorney. Mrs. Nash moved, seconded by Mr. Tucker, to TABLE PZ 81-45. The vote was 2-2 with Nash and Tucker voting for and Bowen and Greenfield voting against the table. The motion failed. Mr. Barnett said it does not fail-Roberts Rule of Order-there were two for and one against and the Chairman made the tie. Mrs. Calvert stated it takes 3 affirmative votes. Mr. Tucker said he doesn't like to send their problems to the council. Mrs. Nash said she agreed with Mr. Tucker. . Mr. Greenfield said he didn't disagree with Mr. Tucker. ~ Page 11 P & Z r~i nutes January 28, 1982 . Mr. Bowen said he doesnlt disagree with him either, however, he does agree with Mr. Greenfield that tyi'ng this to a specific name should suffice for what Mr. Barnett is trying to do. Mr. Tucker said he also felt the Commission needed to go a step further and tie it down to a specific time and he is not sure if they have that authority. Mr. Greenfield said he did not feel this was in their perview and if the Commission should go the other direction, then the council could get legal advice. Mrs. Nash said she felt the Commission should be able to work out a compromise without sending it on to the council. The Chairman called for a motion. PZ 81-45 TABLED Mrs. Nash moved to TABLE PZ 81-45 till such time they get with the City Staff and City Attorney and work out a solution on this matter. . Mr. Tucker seconded the motion and the motion carried 4-0. 7. PS 81-64 Request of Nassar Shaffipour for preliminary plat of Lots 1 & 2, Block 2, and Blocks 3 & 4, Red Gate Addition. PS 81-64 POSTPONED Mr. Bowen moved, seconded by Mrs. Nash, to postpone PS 81-64. This motion carried 4-0. ADJOURNMENT The meeting adjourned at 8:30 P. M. CHAIRMAN PLANNING AND ZO I G COMMISSION .