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HomeMy WebLinkAboutZBA 1982-10-19 Minutes . . . CALL TO ORDER ROLL CALL BA 82-16 MINUTES OF THE SPECIAL MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS OCTOBER 19, 1982 - 7:00 P. M. The Chairman, Jack Roseberry, called the meeting to order at 7:05 P. M. PRESENT: CHAIRMAN MEMBERS Jack Roseberry Ma rti n Erck Harold Schubert Bill Fenimore Hans Koss 1 er Dick Faram Jim Ramsey Jim Kenna Richard Davis Harold Newman Bill Rice Wanda Calvert AL T. MEMBER MAYOR MAYOR PRO TEM o.OUNCILMEN BUILDING OFFICIAL P & Z COORDINATOR ABSENT: Jesse Range Request of Arnold F. Mincey, Jr. to vary from the Zoning Ordinance #179 on a portion of Blocks 2 & 3, Snow Heights North Addition, and portions of Tracts 2A, 284, & 2B4A, Abstract 1606, W. W. Wallace Survey, to request the parking spaces per unit be decreased from 2.5 to 2.0; request the square footage minimum of 750 sq. ft. per building be changed to an average of 750 sq. ft. per project; and request the requirement of 2200 sq. ft. of site per living unit be changed to 1815 sq. ft. per living unit. This property is located on the north side of Northeast Loop 820 and is approximately 1196 feet east of the intersection of North- east Loop 820 and Rufe Snow Drive. The Chairman said he did some research and according to Roberts Rules of Order, page 47, they need a motion to resume a hearing and with a two-third vote. Mr. Erck made the motion to resume hearing. This motion was seconded by Mr. Schubert, and the motion carried 4-0, all members voting yea. Page 2 Z B A Minutes October 19, 1982 . The Chairman said they would resume the Public Hearing and called for anyone wishing to speak to please come forward. . Arnold Mincey, Partner in J. D. Sims Co., came forward. He restated their three variance requests: #1. Request that the average of 750 sq. ft. unit size per building be changed to the average of 750 sq. ft. per project. #2. Request to decrease the requirement of 2.5 parking spaces per unit to 2.0. #3. Request for a variance in density. He said the City Ordinance requires 2200 sq. ft. of land per unit which is 19.8 units per acre and their request was for 1815 sq. ft. of land or 24 units per acre, but they wanted to revise it to 2016 sq. ft. or 21.6 units per acre. He said even though they could not calculate density on easements, they would still be maintaining that amount of land. Mr. Mincey said they are very proud of the quality of this project. He showed pictures to the Board. Mr. Mincey said it would be of very high quality with masonery walls, sloped roofs, concrete drives, all the aménities you would find in a Class A project. He said they would be going with the name of Tennis Club West and it would consist of a club room with exercise equipment, tennis courts, a gazebo, a putting green, jogging tract, and hopefully a 3 car fairway. Mr. Mincey said they will market to the young professionals and young couples with very young children. Mr. Mincey said their site plan was different in that it features the loop system. He said the advantages in requesting the 750 sq. ft. average for the project instead of the average of 750 sq. ft. per building is they will have a higher quality unit with lower cost which frees money up to use somewhere else, such as landscaping. He said it eliminates any awkward building configurations. . Page 3 Z B A Minutes October 19, 1982 . . . \ Mr. Mincey said the second request was for parking, from 2.5 to 2.0 parking spaces per unit. He said they had been very thorough in their research which tells them that 1.8 to 2.0 is sufficient. Mr. Mincey said they know they have to provide enough parking to make this project market- able, but did not feel 2.5 spaces were necessary. He said if in the future, there was a need for more parking, they would just have to take some of their green area for parking. Mr. Mincey said for their third request from 2200 sq. ft. of land per unit, or 19.8 units per acre, to 2016 sq. ft. or 21.6 units per acre would mean 18 more units. He said the reason for this request is for a higher quality project; the more they can divide the cost by, the higher quality project they can have. Mr. Mincey said he felt 18 more units would not impact the intersection of Rufe Snow and 820 which already accommodates 14,000 autos per day. He said 18 more units would only be approximately 10 more cars at the peak hours in the morning and evening. Mr. Mincey said with the development of this project, Lewis Drive will be put in, making access to the school, as he had pointed out in the last meeting. He said this would free up the intersection of Rufe Snow and 820 by at least 100 cars. Mr. Roseberry said at the last meeting, they were approached by the Mayor and City Council regarding a compromise in the problem with the school parking. He asked if there was a decision. Mike Carrancejie, 5750 Rufe Snow Drive, came forward. He said they were approached by some of the City Council that if the variances were granted on the 30 acres to be developed by The Chasewood Co. and J. D. Simms Co., could there be some relief given the school for parking. Mr. Carrancejie said the Council asked the developers to donate 4 acres at the southwest corner of Reynolds and Lewis Drive Page 4 Z B A Minutes October 19, 1982 . for school parking. He said at $2 per sq. ft., donating 4 acres would not justify the development. Mr. Carrancejie said they worked with the Council and developers for 3 days and felt they could donate 2 acres for parking if they got the density requested. He said he had been in contact with the Council by phone and this was rejected. Mr. Carrancejie said this would make approximately 290 parking spaces and the school does not need that many parking spaces. He said the school has 30 acres across the street from the school that they use for bank practice; they could use this for parking. Mr. Carrancejie said he had been in contact with the School Board and they say providing more parking area is not in their budget. He said he was in conversation with the School Board President last Friday and also today, and he said they would like to have the property, but they would not protest the development. . Mr. Carrancejie said he felt the 2 acres was a good compromise, but as of last evening, Mr. Ramsey said it was not acceptable. Mr. Carrancejie said there is no way these developers could donate $360,000 worth of land. Mr. Erck said regardless of the compromise, it would have nothing to do with the decision of this Board regarding these variance requests. Mr. Carrancejie said they would still have to go through platting approval, building permits, and getting certificate of occupancy. He said they were not trying to have a power struggle with this Board and the City Council. The Chairman called for those wishing to speak in opposition to these requests to please come forward. . Mayor Pro Tern Jim Ramsey, 4404 Lariat, came forward. He said he wanted to thank the Board for their consideration in this matter. He said they may have overstepped their bounds in trying to come up with something the city is going to have to live with. He said the apartments are going in and they ~ Page 5 Z B A Minutes October 19, 1982 . were just trying to get something workable for everyone in the city. Mr. Ramsey said he spoke as a citizen and a parent because he has a son in the 12th grade and one in the 7th grade who will soon be in this school, too. Mr. Ramsey said there is a parking problem, just go by the school any day and you can see for yourself, especially with additional development in the area. He said the Board denied a parking variance last month and if they approve this request, it would just open the door for others who plan to build in our city. Mr. Ramsey said regarding the square footage, we set the standards for our city and then someone comes in and wants to build here, but the first thing they want to do is to vary from our standards. He said he did not feel anyone should come to our city and impose their standards on us. . Mr. Ramsey said he knows the apartments are going in anyway, but felt the 4 acres would help the school IS parking problem, it might solve the problem, but it would not solve it tomorrow because the hi gh, schoo 1 is goi ng to grow. He said he has not heard anything about a bond program to expand the school, but it will have to be expanded at that location. Mr. Ramsey said last week when it rained, they had 5 hit-and-run accidents, so the city does inherit the problem. Mr. Ramsey said in regard to the density, he would request the Board pay attention to the letter from the Director of Public Works and the comments from the City Attorney. He said this request is a radical departure from the City Ordinance and is not a variance. Mr. Ramsey said he would like to thank Mike Carrancejie for all his time he spent with them on this project and also wanted to thank them for the 2 acres they are donating to the school. . Mr. Roseberry said he and the Board feels the Council has acted in bad faith in trying to sway the Board in these matters. Page 6 Z B A Minutes October 19, 1982 . Mr. Ramsey said he was sorry if Mr. Roseberry felt they were acting in bad faith because he had worked with these people a number of hours trying to work out something we thought would be in the best interest of this community. He said if he had stepped on someonels toes trying to work this out, he did not feel he owed anyone any apology; the only thing he had done was give up his time. Mr. Fenimore said Mr. Roseberry was not speaking for him and he is a member of this Board. Mike Carrancejie came forward. He said in working with Mr. Ramsey and the developers, they offered a compromise subject to their support and also in getting the approval of the variances, but it was rejected. . Councilman Richard Davis, 7108 Shauna, came forward. He said he spoke to this group last month about a problem he was concerned about. ,. Mr. Davis said to just wipe out the issue of giving acreage to the school and just consider the variance requests. He said he wants this city to be the best city around and do not feel we should lower our standards for any kind of development whether it be for housing or commercial development. Mr. Davis said he does encourage development on our city and feel this is a good project. He said he understands they do plan to build in our city and if the Board grants these variances, they will be setting a precedence to the property to the east and west. . Mr. Davis said parking has always been a problem at the school. He said he was a student there a few years back and it was a problem then. He said the city does inherit these problems. Mr. Davis said he would like to address Mr. Roseberry. He said he is not here as a Councilman, he is here as a concerned citizen and he would be here whether he was a Council- man or not. ~ Page 7 Z B A Minutes October 19, 1982 . Mr. Davis said he personally talked to 3 of the School Board members and they are totally opposed to apartments being built here. Mr. Davis said regardless of what has been worked out, they tried to do what was best for the whole city, for your children, our children, and grandchildren. He said the action taken here tonight will have a last- ing effect on the community, if you grant these requests, you will be setting a precedence for other developers in other parts of the city, also. Mr. Davis said he respectfully requests the Board deny the parking request, deny the minimum square footage request, and as the letter from the Director of Public Works states, vote against the density request and send that on to the Council. Mr. Davis said the Public Works Director and the City Attorney feel this is a zoning change, not a variance request. . Mayor Dick Faram, 5020 Eldorado Drive, came forward. He said he had intentionally tried not to attend these Board meetings since he came to the office of the Mayor, but he will not sacrifice his right as a citizen. Mayor Faram said he was speaking as a citizen. He said he does not have children in this school, but he has had a lot of problems fall on his shoulders in public office because of this very problem. Mayor said he had also been in contact with a School Board member. He said the School Boardls planning in years past may not have been the best, but when it was planned, the economic factors were different. Mayor Faram said we live in an area which has no public transportation, we must depend on private transportation. He said every family has 2 or more cars which some have to be parked on the street and the City inherits the problem. . Mayor Faram said the city is estimated to be 40% developed, and as it developes, it will reach 80,000 people. He said Watauga is not developed. Mayor Faram said there are about ~ Page 8 Z B A Minutes October 19, 1982 . 2,200 students in that school today and it is going to get bigger and there are no plans to build another high school. He said all he could see is larger enrollment and more parking problems. Mayor Faram said they are requesting to build 18 more apartments than our require- ment and there are 20 more acres to be developed in apartments, so multiply 18 by 3. He said if you grant this request, you would have to allow the other developer do the same. . Mayor Faram said we do have a problem, it is not the school IS problem, it is the cityls problem. He said they had worked long hours trying to work out a solution. Mayor Faram said we are not arm twisting, not blackmailing, we are just stating a fact, we do have a problem. He said these developers can come in and build these apartments, they would not have the problem, the city would inherit the problem if you grant a lesser parking requirement. Mayor Faram said he also felt there would be problems if the Board granted a greater density, but he could not help but feel we could work something out for the school parking since they have no resources to buy land. Mayor Faram said someone mentioned there could be 290 parking places in 2 acres, but according to figures by the City Staff, there could only be 131 parking spaces per acre. Mayor Faram said as a citizen, he was asking the Board reject all 3 variance requests. Mr. Erck asked Mayor Faram about the talk a few years back about a third thoroughfare. . Mayor Faram said at this point, it would be difficult to do; this was suggested before the agreement was reached with Watauga for the expansion of Rufe Snow. He said we do need that thoroughfare, but with the economics, there are no plans at this time for it. . . . Page 9 Z B A Minutes October 19, 1982 Mr. Erck asked if anyone could tell what is proposed for more industry in this area. He said it would help him in his decision. Mayor Faram said there has been a lot of speculation. He said he is disappointed that this property is being proposed to be used for apartments. Mayor Faram said he felt it could be used for a much better use, however, if they want to build apartments, then we want a little help in return with the school IS parking. Mayor Faram said they were trying to limit the curb cuts on Rufe Snow because of the traffic. Mr. Erck said he would like to know if there was more Multi-Family or Retail zoned tracts in this area from 820 to the railroad where more development could be. Mr. Carrancejie came forward. He gave an indepth detail of the land from Loop 820 north to the railroad. Mr. Carrancejie said if these variances are granted, it will enable John Cook to put in Lewis Drive which would help considerably. The Chairman closed the Public Hearing and asked Ms. Calvert if there had been any correspondence. Ms. Calvert said there had been none. RECESS BACK TO ORDER The Chairman called a recess at 8:10 P. M. The Chairman called the meeting back to order at 8:30 P. M. with the same members present. The Chairman said it takes 4 affirmative votes to pass any request. Mr. Schubert made a motion to handle each request, one at a time. This motion was seconded by Mr. Kossler, and the motion carried 5-0~ all members voting yea. . . . Page 10 Z B A Minutes October 19, 1982 The Chairman stated the Board would consider the parking request first. Mr. Roseberry said in order for the new members to know what the Board has done in the past, he asked Mr. Rice what had been done. Mr. Rice said the City has held them to 2.5 spaces per unit since he has been here, which is almost 2 years. Mr. Erck asked how many apartment complexes have been built since Mr. Rice came here. Mr. Rice said there have been two, Haystack Apartments on Thousand Oaks Drive, and University Plaza apartments on Weyland Drive. Mr. Schubert asked if there had been any feedback. Mr. Rice said he had not had any complaints. Mr. Erck said he made a study on his own. He said he contacted two apartment managers and asked them what their situation was for parking and one said in one area of the complex was horrible and one area was not. He said this did not help him so he asked how many one bedroom and how many two bedroom apartments and what their parking spaces were. He said the manager said for the one bedroom, it was one and one-half parking spaces and for two bedrooms, it was two parking spaces. Mr. Erck said he used the information given by your company and it came out that you would need 372 to satisfy the requirement, and you have on your tabulation 243 units, which would be roughly 60 cars over. He said you also have to realize you would have guests with cars. BA 82-16-#1 DENIED Mr. Schubert made the motion to deny the request for 2.0 parking spaces per unit. This motion was seconded by Mr. Erck and the motion to deny carried 4-1 and the following vote was recorded: Schubert, yea, Erck, yea, Kossler, yea, Fenimore, yea, and Roseberry, nay. . . . Page 11 Z B A Minutes October 19, 1982 The Chairman stated the Board would now consider the 2nd request, from the average of 750 sq. ft. per building to 750 sq. ft. per project. Mr. Kossler asked Mr. Rice the history of variances regarding the size. Mr. Rice said he requires an average of 750 sq. ft. per building. Mr. Kossler asked if the Board had granted any variances since he had been here. Ms. Calvert said this same variance was granted to Folsom Investments for University Plaza and to Epoch Properties for Haystack Apartments, and also the one last month. She said these are the only ones she remembers, but she could check the files for others. BA 82-16 #2 APPROVED Mr. Erck made a motion to approve the request for the average of 750 sq. ft. per project. This motion was seconded by Mr. Fenimore, and the motion carried 5-0 with the following vote recorded: Erck, yea, Fenimore, yea, Kossler, yea, Roseberry, yea, and Schubert, yea. The Chairman said the Board would consider the 3rd request which was to vary from the 2200 sq. ft. of site to 1815 and modify to 2016 sq. ft. Mr. Erck made a motion to modify the request of 1815 to 2016 sq. ft. The Chairman said he felt this motiDn was too early and asked Mr. Erck to withdraw his motion. Mr. Erck withdrew his motion. The Chairman asked for any questions. There were none. Mr. Erck made a motion that the requirement of 2200 sq. ft. he changed or modified to 2016 sq. ft. per unit. Page 12 Z B A Minutes October 19, 1982 . . BA 82- 16 #3 DENIED ADJOURNMENT . ADJUSTMENT ~ This motion was seconded by Mr. Schubert and the motion carried 4-1 with the follöwing vote recorded: Erck, yea, Schubert, yea, Roseberry, yea, Fenimore, yea, and Kossler, nay. There was a discussion among the Board members. The Chairman said some of the Board members thought they were voting on the variance and some thought they were voting to modify the request. He said he wanted a new motion clearly stating the request. Mr. Erck made a motion on BA 82-16 that the requirement of 2200 sq. ft. of site per unit be changed to 2016 sq. ft. per living unit be modified. The Chairman asked Mr. Erck if he was making a motion to approve the request. Mr. Erck said he was not, he made the motion to modify the 1815 sq. ft. to 2016 sq. ft., then there would be a motion to deny or approve. Mr. Fenimore asked if the Board could do this. The Chairman said they needed a motion for the variance request. Mr. Erck made the motion that the request for a variance from the 2200 sq. ft. per unit to 1815 sq. ft. be modified to 2016 sq. ft. and be approved. This motion was seconded by Mr. Schubert and the motion failed by a vote of 3-2 with the following vote recorded: Erck, yea, Schubert, yea, Roseberry, yea, Kossler, nay, and Fenimore, nay. The Chairman stated: #1 Request was DENIED #2 Request was APPROVED #3 Request was DENIED. RD OF ADJUSTMENT