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HomeMy WebLinkAboutPZ 1981-04-23 Minutes . . . ~ MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, APRIL 23, 1981 AT 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Carl Greenfield, at 7:40 P.M. ROLL CALL PRESENT: CHAIRMAN MEMBERS Carl Greenfield George Tucker Don Bowen Marjorie Nash Ronnie Newman RESIGNED CITY STAFF PRESENT: Councilman City Manager Assistant City Manager Director Public Works/ Utilities City Planner Planning & Zoning Coordinator Clerk Jim Wood Charles M. Williams Dennis Horvath Cecil Forester Wayne Snyder Wanda Calvert Patricia Hutson The Chairman introduced the members of the Planning & Zoning Commission to the citizens. CONSIDERATION OF THE MINUTES OF MARCH 26, 1981 Mr. Bowen moved, seconded by Mr. Tucker, to approve the minutes as written. The motion carried 3-0 with Mrs. Nash abstaining since she was not present at the March meeting. NEW BUSINESS PZ 81-7 Request of Wm. R. Spain, Jr. to rezone a portion of Lot 8, Block 33, Nor'East Addn., from the present classification of IF-9 to a proposed classification of Local Retail- Specific Use-Sale of Snowcones. This property is located on the west side of Davis Blvd., approximately 414 feet north of Lola Drive. Bill Spain carne forward. He said he has an agreement drawn up to lease the property from Davis Memorial Methodist Church. He . . . ~ Page 2 p & Z Meeting April 23, 1981 said they are proposing a zoning change which would allow them to run a professional adult snowcone business. He said they have the full support of Davis Memorial Methodist Church. He said the business would be open from May 15 until September 15. Mr~ Spain said they have studied other successful operations and have found the peak periods are between 7:00 and 9:30 P.M. and the operation is more successful if an adult is there at all times. Mr. Spain showed a slide presentation. He said the first slide was driving north on Davis Blvd. at approximately 11:00 a.m. He said to notice the two trees and the residential houses. He said the proposed snowcone building will have a row of trees which will add to the beauty of the vacant lot as shown on slide two. Mr. Spain said the next slide was a view facing south on Davis Blvd. from the fire station. He said they will be responsible for the cleanliness of the lot. He pointed out the trash. Mr. Spain said there would be an 8' x l2' building with a rust proof, baked on enamel finish. There will be a fire resistance 5/8" sheetrock and it will be wired with conduit wiring. He said it would be to City code with one exception. He said the inside restroom was unnecessary since only two people would be in the snow- cone stand, it would be open only four months and the public won't use it. Mrs. Nash asked what will happen after the season is over and it closes down. Mr~ Spain said they would maintain it. Mr. Greenfield called for anyone wishing to speak in favor of this request to please come forward. William B. Schatt, S'r. came forward. He said he was the President of the trustees of the Church. He said they had faith in . . . Page 3 P & Z Minutes April 23, 1981 Bill Spain and they feel that this would be a good asset. The Chairman called for anyone wishing to speak in opposition to this request to please corne forward. There being no one wishing to speak in opposition, the Chairman closed the public hearing. Mr. Tucker said the land is now residential. He said it is difficult to take out a middle of a piece of property and rezone it unless you intend to make the rest a different zoning. He said without more planning it is hard to make a portion of the land for any other use. Mr. Tucker said if a portion is local retail then the whole piece of land needs to be local retail. Mr. Snyder said he couldn't clarify the issue any mo~e than Mr. Tucker had. He said the issue was not whether it should be a snow- cone stand per se but whether a commitment of this kind should be made for the neighborhood. Mr. Tucker asked what the balance of the land would be used for. Mr. Snyder said if the Commission agrees that the case is strong enough to change the zoning then the balance of the land should be somewhat similar. Mr. Greenfield said the issue is greater than what is going on a piece of land but what is going to happen to the rest of the land. Mr. Tucker said as a commission, it would not be acting as planning for the city as a whole. Mr. Greenfield said it would be interesting to know what the Church has planned for the rest of the property. Mr. Schatt said the Church had originally planned to build another big wing but the rest of the neighborhood has changed. He . . . ~ Page 4 P & Z Minutes April 23, 1981 said there are two requests tonight which are located on Davis Blvd. for rezoning and one has already been changed to local retail. He said the Church would probably develop their property into commercial and relocate nearby. He said the property as commercial is worth more but they have not had a board meeting yet. Mr. Greenfield said he had no plans for the property as a whole then. Mr. Schatt said the Church has no. special plans. He said if others had asked to rent the land then the Church would have agreed also. Mr. Schatt asked how deep the lot is. Mr. Greenfield said the piece of property faces David Blvd. only. Mr. Tucker said it faces Davis Blvd. and is 55 ft. deep and the width is 30 ft. PZ 81-7 DENIED Mr. Tucker made a motion, seconded by Mrc Bowen, to deny PZ 81-7. The motion carried 4-0. PS 81-12 DENIED Request of Wm. R. Spain, Jr. for replat of Lots 8A & 8B, Block 33, Nor'East Addn. Mr. Bowen moved, seconded by Mr. Tucker to deny PS 81-12. The motion carried 4-0. PZ 81-9 Request of Marion Webster & Roselyn Salling to rezone Lot 3, Block 33, Nor'East Addition, from the present classification of IF-9 to a proposed classification of Local Retail. This property is located at 5417 Davis Blvd., approximately 148 ft. south of NortEast Drive. Roselyn Salling, 6279 Shirley Drive, came forward. She said they want to build a day care center on this vacant lot. She said it would be a family operated business. She said the building would be 2,900 sq. ft., parking would be 3,020 sq. ft. & 3}048 sq. ft. . '. . ~ Page 5 P & Z Minutes April 23, 1981 would be for a play area. The business hours would be from 6:00 a.m. to 6:00 p.m. She said they would secure a state welfare license for approximately 75 children. She said there would be a wood stockade fence on both sides and the back. The Chairman called for those wishing to speak for this request to please come forward. John E. Lutz, III, 5425 Davis Blvd., came forward. He said he was the immediate neighbor on the north side. He said he felt this would be the best use of this property. He said the best use of the property in the 5400 block of Davis Blvd. was not residential zoning. He said when this zoning was placed on the property no one even conceived the idea there would be any commercial ventures that far out. There was a small amount of traffic and a feed store where Hudiburg is now. He said 5 or 6 years ago there were 9,000 cars that 'passed down Davis Blvd. a day. He said now you can go out anytime in the evening or 3:00 a.m. and there is traffic all the time. He said he believed it will be best served by converting this use to local retail. Mr. O. E. Skinner, 5428 Randol Dr. came forward. He said he owns this lot which is directly behind his house. He said he has lived there since 1967 and has seen a lot of changes. He said across the street and south is a dental office, just to the south is a wedding establishment and a fire station, just to the east is the YMCA and to the north is a real estate office. He said he feels that this building she wants to build will be an asset. The Chairman called for those wishing to speak in opposition to please come forward. There being no one wishing to speak, the Chairman closed the public hearing. Mr. Tucker said he couldn't disagree with what has been presented. He said here they were talking about a narrow strip of . . . ~ Page 6 P & Z Minutes April 23, 1981 land that is next to local retail zoning already. He said he felt that local retail growth in that particular block should be allowed to continue. Mrs. Nash said she agrees with Mr. Tucker. Mr. Greenfield said the best use of the land needs to be considered. He said once it is zoned local retail, any type of local retail business can go in there. Mr. Tucker said it makes sense as a planner to make that area local retail since it is 90 per cent that already. He said he recommends to the Council that this is the direction this area should go to best serve the citizens. Mr. Bowen said he basically agrees with Mr. Tucker. He said he would prefer that this whole area be together but sometimes it has to go piece by piece. Mrs. Nash said the day care center is the least objectionable thing that can go on this property. Mr. Greenfield said once it is zoned local retail any thing can be put there within the local retail classification. PZ 81-9 APPROVED Mr. Tucker made a motion, seconded by Mrs. Nash to approve PZ 81-9. The motion carried 4-0. PZ 81-10 Request of Bill Ridgway with Showbiz Pizza Place to rezone a portion of Tract l3F, Abstract 1606, w~w. Wallace Survey, from the present classification of Local Retail to a proposed classification of Local Retail- Specific Use-Sale of Alcoholic Beverages. Bill Ridgway came forward. He said he was the project coordinator for Showbiz Pizza He said they are requesting to serve beer and wine only. He said that (1) it is a family pizza eating operation (2) they use electronic characters--there are six life- ~ Page 7 p & Z Minutes April 23, 1981 . size characters that put on a disney land type show and (3) they also have electronic games--there will be 60 electronic games and rides for children. He said they are after one market only. He said no one under eighteen would be admitted without an adult. Mr. Ridgway said Showbiz Pizza's total revenue for food runs between 68% and 74% and beer and wine would constitute approximately 4%. The Chairman called for those wishing to speak in favor of this request to please come forward. There being no one wishing to speak, the Chairman called for those wishing to speak in opposition to please come forward. Mr. John Huber of 5001 Susan Lee Lane came forward. He said he was against any alcoholic beverages in North Richland Hills. He said that was why he moved to this city. . Mr. Greenfield asked Mr. Ridgway if he was familiar with the ordinance concerning games. Mr~ Ridgway said their contract was contingent that they obtain the proper license for beer and wine. He said they were aware of the ordinances in regards to electronic games. Mr. Greenfield asked if the area in back of the property would not be dealt with in changing the classification. He said the metes and bounds need to be adjusted. Mrs. Calvert said the lot to the north on the plat, the surveyor included that lot in the metes and bounds. Mr. Ridgway said they mayor may not sell that piece of land later. They had to buy it in order to buy that piece of property. He said there was a possibility that there would be some square footage they wouldn't use and they might sell it at some time. . Mrs. Calvert said if approved as one piece as in the metes and bounds, the zoning would . . . ~ Page 8 P & Z Minutes April 23, 1981 be non-transferable. If they sell it, then the new owners would have to come in for a zoning under their own name. Mr. Ridgway said he understood that. The Chairman closed the public hearing. PZ 81-10 APPROVED Mr. Bowen moved, seconded by Mr. Tucker, to approve PZ 81-10. The motion was approved 3-1 with Mrs. Nash voting against the request. RECESS The Chairman called a recess at 8:35 P. M. BACK TO ORDER The Chairman called the meeting back to order at 8:45 P. M. with the same members present. PZ 8l-l2 Request of Dr. Thomas Duer, D.V.M. to rezone the southern portion of Tract l3F, Abstract 1606, W.W. Wallace Survey, from the present classification of Local Retail to a proposed classification of Commercial. This property is located on Grapevine Hwy. and bounded on the south by the Pizza Hut. Dr. Thomas Duer came forward. He said he was requesting a change of zoning from local retail to commercial to build a professional veterinary medical and surgical clinic. He said it would be a totally enclosed veterinary clinic. The Chairman called for those wishing to speak in favor of this request to please come forward. Mr. Bill Ridgway came forward. He said he didn't know if he was for or against this request. He said that they would be neighbors. He said he wanted to know the difference between commercial and local retail z~ning. Mr~ Snyder said the difference is in the intensity of the use. He said co'mmercial zoning is generally reserved for more intense use such as a drive-in restaurant. He said local retail generally implies neighborhood orientation. Commercial is more for a major highway. . . . Page 9 p & Z Minutes April 23, 1981 ~ Mr. Ridgway asked what does zoning one small piece of land commercial do to a large surrounding area zoned local retail. Mr. Tucker said that is the question that is before the Commission. Mr. Greenfield asked if anyone wished to speak in opposition to this request. There being no one wishing to speak, the Chairman closed the public hearing. Mr. Tucker said that as a commission, we have to ask ourselves if it is the plan of the city to use this property as local retail or change the character of this area to commercial. He said once it is zoned commercial anything can be built as long as it meets commercial classifications. He said the Commission has no right to look at what is proposed. Mr. Greenfield said the Commission's burden is to decide if this is appropriate and if it is changed to commercial classification then anything that falls into the commercial boundaries can go on it. Mr. Bowen said he agrees with Mr~ Tucker. He said this is a very small area that is completely surrounded by local retail. He said he doesn"t feel commercial would be appropriate for this small lot. Mrs. Nash said she supports Mr. Tucker and Mr. Bowen; it would not be appropriate. Dr. Duer said that in most of the other municipalities in the Dallas-Fort Worth area veterinary are listed under Local Retail or Local Business but North Richland Hills has it listed under Commercial. He asked why North Richland Hills was different. Mr. Snyder said it is simply an act of the City Council. He said it was a matter of interpretation. He said quite specifically have to review it just as a "c'" case. . . . Page 10 P & Z Minutes April 23, 1981 PZ 81-12 DENIED Mr. Bowen moved, seconded by Mr. Nash, to deny PZ 81-12. The motion carried 4-0. PS 81-16 DENIED Request of Dr. Thomas Duer, D.V.M. for preliminary plat of Lot 2, Block 25, Clearview Addition Mr. Tucker made a motion, seconded by Mr. Bowen, to deny PS 8l-l6. The motion carried 4-0. PZ 81-14 Request of Carl Starr to rezone Lot 7, Block 33, Nor'East Addition, from the present classification of IF-9 to a proposed classification of Local Retail. This property is located at 5401 Davis Blvd. Mr. Carl Starr came forward. Mr. Tucker said Mr. Starr should be aware that in asking for this rezoning he will be in a non-conforming situation with the area and they would have to bring the building up to meet local retail type specifications. Mr. Starr said he was aware of that. The Chairman called for those wishing to speak in favor of this request to please come forward. Mr. John E. Lutz, III of 5425 Davis Blvd. came forward. He said the general use of residential for this particular strip of land has gone beyond its most beneficial use. He said both the community and the property owners will benefit if the city rezones it to Local Retail. The Chairman called for those wishing to speak in opposition to please come forward~ There being no one wishing to speak, the Chairman closed the public hearinge Mr. Tucker said the area is not residential anymore. He said he thinks the Commission should suggest to the City Council that . . . Page 11 p & Z Minutes April 23, 1981 this area be changed to Local Retail zoning. He said since the character of the neighborhood is no longer residential, it should be used to benefit the city in a use other than residential. Mr. Bowen said he agrees with Mr. Tucker. PZ 81-14 APPROVED Mr. Tucker made a motion, seconded by Mr. Bowen, to approve PZ 81-14. The motion carried 4-0. PZ 81-16 Request of Charles W. Beane, Inc. to rezone Lots 67 thru 100, Block 42B2, Richland Terrace Addition, from the classification of Community Unit Development to a proposed classification of Multi-Family- Row Houses. This property is located south of Maplewood Drive, north of Short Street, and east of the proposed extension of Maryanna Way. Mr. Charles Beane came forward. He said they were using the existing lots and the same easements. The only thing they want to do different is change the plans. He said they propose two bedroom single story row houses. The Chairman called for those wishing to speak in favor of the request to please corne forward. There being no one, the Chairman called for those wishing to speak in opposition to please corne forward. Mr. Bobby McCown, 5020 Susan Lee Lane, came forward. He said he has some questions in regards to the privacy fence. He said he wanted it put in the minutes what was to be done with the fence. Mr. Beane said he will maintain the fence. He said the existing fence is in a concrete base and is repairable. The posts are in concrete in 8 ft. sections and he will replace entire 8 ft~ sections if in need of repair. He said he intends to paint both sides of the fence beige so the old part will be the same color as the new. . . . Page 12 p & Z Minutes April 23, 1281 Mr. Greenfield asked what percent of the fence was he talking about replacing. Mr. Beane said he would say at least half. Mr. Greenfield asked if it was not the intent of the motion made at the last meeting to have the entire fence replaced. Mr. Bowen said there was no specific state- ment made. Mr. Beane said that since the last meeting he has had a fence company out and the fence can be repaired. He said he has also gotten in touch with TESCO and they said they wouldn't have any problem getting into the back easement to work when the property owners moved their fence up to Mr. Beane's fence. Mr. McCown said the citizens of North Richland Hills appreciate the Commission"s time and consideration and wish to present their gratitude to the Commission. Mr. John Huber, 5001 Susan Lee Lane, came forward and asked to discuss what is to be built. Mr. Bowen said the original Planned Development zoning called for single story row houses to be built using a specific set of plans. He said Mr. Beane is not changing anything except he wants to use his own building plans. Mr. Greenfield said it really is just a paper work change to authorize Mr. Beane to use his own set of plans. Mr~ Huber asked if Mr. Beane could build anything on that property~ Mrs. Calvert said Mr. Beane specifically wants row houses attached to the multi- family zoning.. The Chairman closed the public hearing. Mr. Bowen said he doesnJt see any problem with what Mr. Beane is asking~ He said all . . . ~ Page 13 P & Z Minutes April 23, 1981 he wants is to use his own set of plans and he won't be changing the density. Mr. Tucker said he feels Mr. Beane has been very cooperative with the Commission and the Homeowners. Mrs. Nash said since she was absent at the last meeting she wishes to abstain from voting. PZ 81-l6 APPROVED Mr. Tucker made a motion, seconded by Mr. Bowen, to approve PZ 81-16. The motion carried 3-0 with Mrs. Nash abstaining. PS 81-9 Request of Charles W. Beane, Inc. for replat of Lots 33R thru 43R, Block 42Bl, Richland Terrace Addition. The Chairman asked if anyone wished to speak in favor of this request. There being no one, the Chairman asked for those who wished to speak in opposition to this request to please come forward. There being no one, the Chairman closed the public hearing. Mr. Bowen asked if Mr. Beane agreed to the Engineer "s comments. Mr. Beane asked if it was regarding the water line. Mr. Tucker read the Engineer's comments. Mr. Beane said he agreed to them. Mr. Forester said that on Cloyce there are easements for water, but the sewer line does not extend to Lot 33R. He requested this extension. Mr4 Beane said the clean out was at the end of Lot 20 and the Engineer designed the plans to come in from Lot 33 and tie in at the clean out. Mr. Forester said that was o.k. . . . Page 14 P & Z Minutes April 23, 1981 PS 81-9 APPROVED Mr. Bowen made a motion to approve PS 81-9 subject to the Engineer's comments in letters dated April l3, 1981 and March 18, 1981. Mr. Tucker seconded the motion. The motion carried 3-0 with Mrs. Nash abstaining. ÁDJOURNMENT The meeting adjourned at 9:30 P. M. (kt CHAIPJ1AN PLANNING AND 7;;; SECRETARY P