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HomeMy WebLinkAboutPZ 1982-06-24 Minutes . . . CALL TO ORDER ROLL CALL OATH OF OFFICE MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JUNE 24, 1982 - 7:30 P. M. The meeting was called to order by the Chairman, George Tucker, at 7:35 P. M. PRESENT: CHAIRMAN SECRETARY MEMBERS George Tucker Marjorie Nash Don Bowen Mark Hannon Mark Wood John Schwinger Richard Davi s Dick Fisher Allen Bronstad Wanda Calvert ALTERNATE COUNCILMAN COUNCILMAN DIR. of DEVELOPMENT P & Z COORDINATOR The Oath of Office was administered to r~a rk Wood and John Schwinger: II I, do solemnly swear that I will faithfully execute the duties of the office of Member of the Planning and Zoning Commission for the City of North Richland Hills of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States and of this State; and I furthermore solemnly swear that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. II CONSIDERATION OF THE MINUTES OF JUNE 9, 1982 1 . PS 81-65 Ms. Nash moved, seconded by Mr. Bowen, to approve the minutes as written$ This motion carried 4-0. The Chairman welcomed new members Wood and Schwinger. He said Mr. Schwinger is an Alternate member who will sit on the Board, but will only vote when one or more regular members are not present. Request of Nasser Shafipour for final plat of Block 3, Red Gate Addition. Page 2 P & Z Minutes June 24, 1982 . Delbert Stembridge, Consulting Engineer at 3729 Flory Street, came forward to represent Mr. Shafipour. Mr. Stembridge said he had made all the necessary corrections as mentioned in the City Engineer's comments. PS 81-65 APPROVED Mrs. Nash moved to approve PS 81-65 subject to the engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 5-0. 2. PS 82-3 Request of Four Seasons Nursing Center, Inc. for preliminary plat of Lot 7, Block A, Calloway Farm Addition. John Levitt, Engineer at 3721 Vance Road, came forward to represent Four Seasons. . Mr. Levitt said they submitted this request last December and has since got the problems worked out. He said they have now resubmitted the revised plans and request approval. Mr. Hannon asked about item #2 of the City Engineerls letter regarding the flood hazard area. He asked if Mr. Levitt had an engineer's study made. PS 82-3 APPROVED Mr. Levitt said he did not because there is an existing building on the property. He said that Four Seasons plans to buy more land later and add on to this building and when they do, they will have to do a drainage study. Mr. Bronstad said this property had never been platted so when they came in for a remodeling permit, we required them to plat. He Isaid in regard to item #4 about a fire hydrant, they now have a sprinkler system and when they come in for the addition, they will be required to put in the fire hydrant. Mr. Bowen moved to approve PS 82-3 subject to the Engineerls comments. . Mr. Hannon said Mr. Bowen should amend his motion to waive #4 until such time that there . . . ....... Page 3 P & Z Minutes June 24, 1982 is an addition to the existing building. Mr. Bowen said he would amend his motion as requested. The motion was seconded by Mr. Wood and the motion carried 5-0. 3. PS 82-14 Request of Burk Collins for replat of Lots R18 & RIg, Block 4, College Hill Addition, 8th Filing. Delbert Stembridge, Consulting Engineer, came forward to represent Mr. Collins in his request. Mr. Stembridge said Mr. Collins owns two lots, one small one and one real large one; he wants to make the small lot larger. Mr. Stembridge said TESCO had requested additional easements and he had added them to the plat. He said he had also complied with the engineer's comments. PS 82-14 APPROV ED Mr. Hannon moved to approve PS 82-14. This motion was seconded by Ms. Nash and the motion carried 5-0. 4. PS 82-16 Request of John W. Barfield for replat of Lots 48A, 48B, 52A, & 52B, Block 2, Stonybrooke Addition. John Barfield came forward. He said these lots are located on Davis Blvd. Mr. Barfield said there are some duplexes there which are leased out and these lots are on either side of these that are presently built. He said it was hard to find financing for a $130,000 unit, but you could easily get financing for $65,000 per side. Mr. Barfield said he could sell them by metes and bounds, but couldn't get financing without replatting. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this replat to please come forward. There being no one wishing to speak in favor of this replat, the Chairman called for those wishing to speak in opposition to please come forward. ~ Page 4 P & Z Minutes June 24, 1982 . G. Hagn, 7209 Stonybrooke, Jim Kemp, 8404 Springbrook Ct., and P. Haffner, 7300 Stonybrooke, came forward. Mr. Hagn said they wanted to see where these lots were located. Mr. Tucker showed the location of the property . Mr. Barfield said he found there was a market for single family attached. Mr. Bowen asked if the three that came forward were still in opposition to this request. . PS 82-16 APPROVED Mr. Hagn said they were not opposed to this request. The Chairman closed the Public Hearing. Mr. Hannon moved to approve PS 82-16. This motion was seconded by Ms. Nash and the motion carried 5-0. 5. PS 82-17 Request of John W. Barfield for replat of Lots 5A & 5B, Block 1, Crestwood Estates. John Barfield came forward. He said this property is located on Elm Court. Mr. Barfield said there had already been two lots in this court replatted. He said in this duplex zoning there are also some single family homes. Mr. Barfield said he has an interested party in this property. . Mr. Hannon asked if there was a structure on this lot. He also asked about these two lots not being the same size. Mr. Barfield said the property in this court is zoned for duplexes, but there have been some single family homes built there. He said there is no structure on this, but he plans to build a duplex on it for single family attached. ~ Page 5 P & Z Minutes June 24, 1982 . The Chairman opened the Public Hearing and called for those wishing to speak in favor of this replat or just for information to please come forward. Kim Cowan, 8204 Timberlane Court, came forward and asked if approval had been given to build a duplex on this lot. Mr. Tucker said it is zoned for duplexes and they can build a duplex on this lot. 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 82-17 APPROVED Mr. Bowen moved to approve PS 82-17. This motion was seconded by Mr. Wood and the motion carried 5-0. . 6. PZ 82-14 Request of Gulf Oil Corp. to rezone Block 4, Snow Heights North 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 northeast corner of N.E. Loop 820 and Rufe Snow Dr. Steven Ginsberg, Attorney at 1930 Commerce Bldg., Ft. Worth, came forward to represent Gulf Oil Corp. He said he was here along with representatives of Gulf Oil and Majik Markets to request this zoning change from Local Retail to Local Retail-Specific Use- so that beer may be sold for off-premise consumption. . Mr. Ginsberg said while Gulf has developed the property to sell gas and petroleum related products, Gulf also has had the public convenience in mind and tries to meet the demand for non-petroleum products at its sites. He said at many of Gulf1s outlets in the Metroplex a grocery-~lated product mix is sold including bread, milk, groceries, cigarettes and other sundries. ~ Page 6 P & Z Minutes June 24, 1982 . Mr. Ginsberg said it makes good business sense to fill the demand of the public for convenience store products, and it makes for a better and more profitable use of the land involved in the site than merely serving as a filling station. Mr. Ginsberg said one other convenience item is marketed at locations where it is legal to do so is beer, sold pursuant to State granted off-premise licenses. He said they hope the Commission will approve a Specific Use permit so that Gulf may apply to the State for an off-premise beer license. . Mr. Ginsberg said at other locations throughout the Metroplex they know that the sale of beer enhances sales of other items, and the products go hand in hand in increasing the value of the store and the value as a tax base and employer of local citizens. He said with an increase in sales, the store remains competitive with other locations which have the benefit of a Specific Use permit in the marketplace. . Mr. Ginsberg said there are several other operations on Rufe Snow that have the Specific Use permit for off-premise beer sales, one, Tenneco, being approximately 1,000 feet from Gulf's door. He said they wish to have the same benefits granted to Gulf that have been readily granted to others so close on Rufe Snow. Mr. Ginsberg said they are well beyond the school and church footage cutoffs of State law. Mr. Ginsberg said he respectfully requests that Planning and Zoning recommend to the City Council the zoning change. He said it will help them use the land to a fuller extent and it will be convenient to the public. Mr. Ginsberg said it will mean greater revenues to the store in both food and non-food products which will help the taxing authorities and the Specific Use permit will help the site remain competitive with other locations which have been granted the Specific .Use permit. ......... Page 7 P & Z Minutes June 24, 1982 . Mr. Ginsberg said he submits his name as the person who will be responsible for the license once it is granted. Mr. Wood said since he is new at this, he would like to know the distance from schools and churches required and about the property owners. Ms. Calvert said it can not be within 300 feet of a school or church, and she had to notify property owners within 200 feet of the property in question. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this zoning request to please come forward. Marty Cloin, 424 Englewood Lane, Hurst, Real Estate Representative, came forward. Mr. Cloin said they do an outstanding job policing the store. . Mr. Cl10in said he had a copy of a letter from McDonalds he would like to read: IIDear Members: McDonald's is a neighbor to the applicant at this location, as well as several other locations throughout the Metroplex. We have found Gulf to be a very compatible neighbor and can report no disharmony resulting from their selling beer for off-premises consumption at any of their stores located near us. We submit this for your information and to advise you that we have no objection to the approval of the subject application. Yours very truly, James M. Caldwell, Senior Real Estate Representative. II The Chairman called for those wishing to speak in opposition to this request to please come forward. PZ 82-14 APPROVED There being no one wishing to speak, the Chairman closed the Public Hearing. Mr. Bowen moved to approve PZ 82-14 as requested. . . . . Page 8 P & Z Minutes June 24, 1982 7. PZ 82-15 This motion was seconded by Mr. Hannon and the motion carried 5-0. Request of T. W. Alley, Sr. to rezone a portion of Lot 2, Block 4, University Plaza Addition, from its present classi- fication of Local Retail to a proposed classification of Commercial. This property is located on the east side of Weyland Dr., bounded on the north by University Plaza Apts. and on the south by Bank of North Texas and Airport Freeway. Dick Perkins with Teague Nall & Perkins, came forward to represent Mr. Alley. He said they plan to erect a multi-story, 3 to 5 story, office building on this property so they need the commercial zoning. Mr. Hannon said Planning and Zoning and the City Council have previously turned down Commercial zoning and asked if they would be interested in a Planned Development zoning. Mr. Perkins said he knew the concern of the Commission and Council, but their plans are not far enough along to submit a Planned Development zoning request. He said they would agree to a Specific Use for an office building. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this zoning request to please come forward. There being no one wishing to speak in favor of this request, 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. Perkins said other cities ;have a special catagory for office buildings. Mr. Hannon said they are in the process of re-writing this city's zoning ordinance. . . . Page g P & Z Minutes June 24, 1982 Mr. Bowen asked if the Commission could specify only an office building. Mr. Tucker asked about the property next to this property. Mr. Perkins said Hurst plans for it to have multi-story buildings. Mr. Hannon said that was a PUD for a hotel and it fell through and the hotel is going in at North Hills Mall to be built by Federated Stores and leased to the Sheraton Hotel. Mr. Perkins said that was on another tract of land. Mr. Hannon moved to deny PZ 82-15. This motion was seconded by Mr. Bowen and the vote was 4-1 with Mr. Tucker voting against denial. Mr. Bowen said if the Commission could restrict it to an office building, he would be happy with it. Mr. Tucker said they had to act on the request they asked for. Mr. Perkins said the City Attorney said you can put a stipulation on the zoning. Councilman Richard Davis came forward. He said if the Planning and Zoning Commission approved the zoning, he was sure the City Council could put the Specific Use on it. Councilman Davis said just so the request could go before the council sooner than 3 months, he wondered if the Planning and Zoning Commission would reconsider. He said he thinks all are in favor of the multi-story office building. Mr. Tucker said he had seen Planning and Zoning Commissions put a Specific Use on a zoning, but he was not sure if it was legal. ....... Page 10 P & Z Minutes June 24, 1982 . Ms. Nash said instead of appealing it, could they come back in with a Specific Use request. Councilman Davis said that Mr. Perkins was not sure of Mr. Alley's time table so in order to conserve time, he felt the Planning and Zoning Commission should reconsider. Mr. Hannon made a motion to reconsider PZ 82-15. This motion was seconded by Mr. Bowen and the motion carried 5-0. Mr. Bowen said he did not feel the Planning and Zoning Commission could restrict the zoning, they have to act on what was requested. . Mr. Perkins said he felt the Planning and Zoning Commission could put it in their motion what they desire there. Councilman Davis said that Ms. Calvert always states in the council packets what the Planning and Zoning Commission recommends. PZ 82-15 APPROV ED Mr. Hannon moved to approve PZ 82-15 for a change to Commercial zoning. This motion was seconded by Ms. Nash and the motion carried 5-0. ADJOURNMENT The meeting adjourned at 8:35 P. M. ~~c. ~r CHAIRMAN PLANNING AND ZONING COMMISSION .