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HomeMy WebLinkAboutPZ 1981-07-23 Minutes . . . MINUTES OF THE REGULAR MEETING OF THE 'PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, JULY 23, 1981 CALL TO ORDER The Chairman, Carl Greenfield, called the meeting to order at 7:40 P. M. ROLL CALL PRESENT: CHAIRMAN MEMBERS COUNCILMAN DiRECTOR OF PUBLIC WORKS/UTILITIES P & Z COORDINATOR P & Z CLERK CITY PLANNER ABSENT: Marjorie Nash George Tucker Carl Greenfield Don Bowen Mark Hannon Jim Ramsey Cecil Forester Wanda Calvert Patricia Hutson Mike Monroe CONSIDERATION OF THE MINUTES OF JUNE 25, 1981 Mr. Hannon moved to approve, seconded by Mr. Bowen, to accept the minutes as written. The motion car~ied 3-0. 14. AMENDMENT TO SUBDIVISION The Chairman moved Item #14 regarding replats ORDINANCE #195 and revisions to the beginning of the agenda. POSTPONED Mrs. Calvert said due to a law that has been passed in Austin recently, there will have to be more extensive work done on replats now which will include a Public Hearing and notification of surrounding property owners. She requested that the Commission postpone items 1, 2, 3, & 6 until the next meeting by making a motion. Mr. Bowen moved, seconded by Mr. Hannon" to postpone items 1, 2, 3, & 6. The motion carried 3-0. 1. PS 81-36 POSTPONED Request of Soren B. Nielson and Paul L. Hickman for replat of Lots 6R1 & 7Rl, Block 4, Diamond Oaks South Addition. Postponed. . . . Page 2 P & Z Minutes July 23, 1981 2. PS 81-38 POSTPONED Request of T. J. Hubbard for replat of Lot 37R, Block 3, Meadow Lakes Addition. 3. PS 81-39 POSTPONED Postponed. Request of The Ritz Company for replat of Lot 53R, Block 1, Meadow Lakes Addition. 4. Postponed. Request of C. L. Madden, III for final plat of Lots 9 thru 14, Block 8, Richland Heights Addition. PS 81-40 John Levitt of Levitt Engineers came forward. He said he was representing Mr. Madden who bought the land several months ago. Mr. Levitt said the previous owners had applied for a duplex zoning and a preliminary plat. He said the preliminary plat had been approved. Mr. Levitt said the present owner, Mr. Madden, plans to build single family homes and requests approval of the final plat. Mr. Levitt said they have no problem with the City Engineer1s comments except for the developer signing a covenant agreeing to pay the pro rata share on Booth Calloway Rd. He said there was some question regarding the distance of the sewer line, but they can work this out later. Mr. Hannon asked what the present zoning was. Mr. Levitt said the zoning was IF-9. Mrs. Calvert said the previous owner came in previously for 2F-9, Duplex, zoning but was turned down by the City Council. PS 81-40 APPROVED Mr. Bowen moved, seconded by Mr. Hannon, to approve PS 81-40 subject to the engineer1s comments. The motion carried 3-0. 5. PS 81-43 Request of First National Bank of Fort Worth for replat of Lots 2R & 3R, Block 1, Hudiburg Addition. Page 3 P & Z Minutes July 23, 1981 . Mickey Nowell with Design Engineers came forward to represent the purchaser of this property. He said they were attempting to revise the lot line to reflect today1s conditions as to the land Hudiburg is using. Mr. Nowell said they had received the City Engineer1s comments and the plat is in the process of being revised to reflect the changes. He said the purchaser has agreed to sign the covenant regarding Davis Blvd. assessments. Mr. Forester said he was concerned that Lot 3R would be land locked. He said he would prefer to see Lot 3R platted with Lot 4 if Hudiburg owns both lots. Mr. Nowell said he had spoken to Mr. Forester about this and at the time, he was unclear what Hudiburg proposed to do. He said he called one of the trustees of the bank and was told that they had no intention of selling Lot 3R because Hudiburg was using it for car storage purposes. . Mr. Nowell said if it were platted with Lot 4 and Hudiburg ever decided to sell it, it would have to be replatted then or whatever. He said they would have no problem in grant- ing a permanent non-exclusive accessory easement. Mr. Greenfield asked if there was a definite possibility it would be sold. Mr. Nowell said they have no plans, but it could be a conceivable possibility. Mr. Forester said he personally felt it would eliminate a possible problem in the future or a misunderstanding if action was taken now to correct the problem. He said he felt if an easement is possible, then now would be a good time to get it. Mr. Forester said he could see no real problems now with it the way it is now, but they just have a way of coming back on the city later. . Mr. Nowell said he would discuss it w~)th the owner and if everyone is agreeable, they would have an easement drawn up. . . . Page 4 p & Z Minutes July 23, 1981 Mr. Hannon said the current situation of Hudiburg may not be the same in the future. He said there have been two car dealerships in this area that have had to close up. He said the volume of cars fluctuate and his concern was not with the sale of Lot 3, but Lot 4 might be sold and leave Lot 3 land- loc~ed. Mr. Hannon said he felt it would be better to plat the two lots into one lot or plat it to show an easement or right of way so continuous use could be maintained for future and current owners. Mr. Nowell said their concern is a time problem. He said there is a contractual agreement for Lot 2R. He asked if they decide to go ahead and plat 4 and 3R into one lot, could the same time frame still be maintained. Mr. Greenfield asked about it from a legal standpoint. Mrs. Calvert said if everything was correct on the plat, it would be put on the 1st council agenda for the ne~t month, but if there is a lot of changes to be made, it couldn1t be done that fast. Mrs. Calvert said if the plat was changed, there would have to be another engineer1s review. She said it might could be put on the last council agenda of next month. Mr. Nowell said a permanent access easement to Lot 3R could be done in nearly the same time frame. Mr. Hannon said one of the problems in granting a permanent access easement is it will require a substantial amount of land. He said he would like to see Lots 4 & 3R as one lot. Mrs. Calvert said if the Commission approves this replat tonight subject to Hudiburg including Lot 4 making access into Lot 3R with the stipulation that all the engineer1s requirements be met, then it would not have . . . Page 5 P & Z Minutes July 2 3 , 1981 to come back before the Commission. She said they would just have to meet all the requirements before going to the City Council. Mr. Hannon asked what the minimum require- ment for the width of the access easement would be. . Mr. Forester said it could be as small as 15 feet if it was strictly an ingress- egress easement. Mr. Hannon asked if that would be adequate for water, sewer and drainage. Mr. Forester said it wouldn1t allow for any paving, but it would only be a private access. He said it would not be dedicated to the city. Mr. Hannon asked what Mr. Nowell IS definition of a non-exclusive access easement. Mr. Nowell said it would not exclude any· one person or group of persons from using the easement. He said he didntt feel 15 feet or 20 feet would be any problem and the utilities could be brought in through the access easement. He said Roberta Street comes to the north end of this property also. Mr. Nowell said there wete several possibilities to bring in utilities. The Chairman asked if there would be any difficulty in granting an easement along Lot 4. Mrs. Calvert said she didnlt see how an easement on Lot 4 could be granted when it is not included on this replat. Mr. Nowell said they were planning to grant an easement by deed. Mrs. Calvert said there has been a request for additional utility easements on 3 sides of the proposed replat. Mr. Nowell said the utility easements have been applied to the plat. ~ Page 6 P & Z Minutes July 2 3 ~ 1981 . Mr. Hannon asked if the easements were requested by the electric company. Mr. Nowell said they were electrical distribution easements requested by T.E.S.C.O. PS 81-43 APPROVED Mr. Hannon made a motion to approve PS 81-43 subject to the engineer IS comments, the request for additional utility easements, and granting a permanent non-exclusive ingress- egress and uti 1 i ty easement on Lot 4, Block IJ Hudi,burg Addì tion, adjacent to the south. 1 tnes of Lots 3R & 2R, a mi,niJr~uP1 of 30 feet ~,ti.de and483~25 feet long, The motion was seconded by Mr. Bowen and the motion carried 3-0. 6. PS 81-44 POSTPONED Request of Nance R. Hodge for replat of Lots 11Rl & l1R2, Block 1, Crestwood Estates Addn. Postponed. The Chairman recognized Councilwoman Sharyl Groves in the audience. . 7. PZ 81-19 Request of Aubrey Brothers to rezone Tract 3A, Abstract 1150, David Moses Survey, from its present classification of Agriculture to a proposed classification of IF-9-1500. This property is located on the east. side of Eden Road and approximately 1900 feet north of Amundson Road with portions fronting on Eden Road. Mr. Brothers came forward. He said he was the potential purchaser of this property. He said he felt he had complied with everything and was open for questions. The Chairman called for those wishing to speak in favor of this request to please come forward. Jack Cook, 7312 Eden Road, came forward. He said his property was adjacent to Mr. Brothers. . Mr. Cook said he had no monetary interest in this zoning request and for his own personal interest, he would like to see the property stay pasture land, but realistically, he feels the 1500.sq. ft. floor space is a good size in todayls economy. Pa ge 7 P & Z Minutes July 23 ~ 1981 . Mr. Cook said it would broaden the city IS tax base. He said they have a drainage problem in that area and the proposed street will help allieviate it because Mr. Brothers will have to install a drainage system in the street. He said he felt like this was a reasonable proposal. . The Chairman had Mr. Cook show the Commission the location of his property in relation to the proposed zoning request. Elmer Allison, 3725 Flory Street, came forward. He said he was the current owner of this property. He said they have planned for several years to develop this area. Mr. Allison said there are a few problems in the area that developing would solve. He said the utility department will pay approximately $24,000 a year toward maintenance on the TRA sewer line which is in this area. He said some of the houses in the area are real nice, some are not. Mr. Allison said the houses in this area are from 5 to 30 years old and he felt 1500 sq. ft. brick house would be in keeping with the area. Mr. Allison said most of the homes are on septic systems which have been a problem. He said if this property is developed, then the sanitary sewer will be brought to this area in compliance with the city requirements and the septic problem will eventually be taken care of. He said he had no other comments except that he was in favor of this request and feéls it will be in the best interest of all the citizens in the area to approve it. The Chairman asked if there were anyone else who wished to speak in favor of this request. There being no one else, ¡the Chairman called for those wishing to speak in opposition to this request to please come forward. Jean Wo'lenschlager came forward. She said she owned the property that backs up to this request. She asked what size the lots would be. . Mr. Bowen said the minimum for 1F-9 is 9500 sq. feet. Page 8 p & Z Minutes July 23, 1981 . The Chairman asked if there were others who wished to speak in opposition. Perry Weiss, 7404 Eden Road, came forward. He said his concern was the size of the lots. He said most of the property owners in the area have acreage and they would like to keep the area similar. Mr. Weiss said Eden Road is barely able to handle the traffic on it now. He said there is also a water problem. Mr. Weiss said last year they did not have any water pressure at this time of year. He said the last few days the water has been so terrible they can hardly drink it. . Mr. Wesley Gowins, 7417 Eden Road, came forward. He said his property was across the road from this property in question and slightly north. He said he agrees with Mr. Allison that there is a problem with the septic tanks, but he could not see how this new development would help them when the sewer line was put into this property. He asked if it would be run up the street or would it just be coming into the addition. Mr. Allison said his primary business is underground utilities. He said he had never seen engineering done in a subdivision that utilities were not carried deep enough that they could not take care of adjoining areas. Mr. Allison said Mr. Brothers will be making it possible for the entire area to hook onto the sewer. He said in response to the water situation, there is an 8 inch water main down Eden Road. He said supply is sometimes a problem in any city but they are running a 16 inch line down Little Bear Creek. Mr. Allison said it looked like to him that the city was making plans to take care of every- body. . Mr. Forester said the city was in the process of constructing a 16 inch water main to connect with the 16 inch main in Rumfield Road and the city would be connecting with TRA at some future date. He said the city was finished with their projects and is waiting on TRA. Mr. Forester said the city is ready to hook up as soon as TRA gives the go ahead. Page 9 p & Z Minutes July 23 ~ 1981 . Mr. Gowins said he still couldnlt see how this would help the people on Eden Rd. He asked how many roads would be into the property. Mr. Hannon said that for safety reasons, there would be two ways in and out of this subdivision. Mr. Gowins said he would like to see larger lots . The Chairman called anyone else who wished to speak in opposition to come forward. . There being no one else wishing to speak, the Chairman closed the Public Hearing. Mr. Bowen said he would like to have Mr. Monroe1s comments regarding the zoning for this area as seen by the City Planners. Mr. Monroe said with respect to the use of the land only as it applies to the zoning ordinance, if one accepts the inevitability of the development of this property and if you assume the expressed community calls for that property being single family, then IF-9 would be the best reasonable optimum. Mr. Hannon said the question before the Commission is should it be zoned for residential use and should it be zoned IF-9. He said the only hesitation he would have is the large block of land immediately adjacent to the railroad might lend itself to industrial type use. He said he feels it would be best suited to be residential. Mr. Hannon said there have been people at this meeting and previous meetings who have spoke regarding the size of the lots and the Commission has to consider their needs and wishes. He said he was not saying that the Commission should be zoning it for 2 acres. Mr. Hannon said that because of today1s economy, the lot sizes are becomming smaller and smaller. He said he felt that 1F-9 would be a reasonable size lot. . Mr. Bowen said he sympathizes with the people but he doesn1t feel at thi.s time it is Page 10 P & Z Minutes July 23, 1981 . economically feasible to develop an area in this nature. He said it seems to be the optimum for this area to be zoned IF-g. The Chairman said the area needs to be developed and the possibility of having a sewer line in the area is an attractive addition. PZ 81-19 APPROVED Mr. Bowen made a motion, seconded by Mr. Hannon, to approve PZ 81-19 as requested. The motion carried 3-0. 8. PS 81-42 Request of Aubrey Brothers for preliminary plat of Flamingo Estates Addition. Mike Jones with Teague, Nall & Perkins Engineers came forward to represent Mr. Brothers in his preliminary plat. He said they had received the engineer1s comments and are basically in agreement. He said in regards to changing the name of the Subdivision from Flamingo Estates to Eden Addition, they request this be waived. Mr. Jones said the developer feels that Flamingo is a more appealing name to potential home buyers. . Mr. Jones said regarding Item 7 of the Engineer1s letter dated July 15, 1981, there will probably be a flume located to the west between Lots 11 & 12, and they request that the comments be revised to read ...11 We would also require a letter of agreement from May Gene Hamiltion for discharge on her property from the proposed concrete flume southward from Everglade Trail unless the flume can be relocated westward. Mr. Hannon said he was aware of a lawsuit in Grand Prairie which is a very similar case. He said he believed that Mr. Jones I firm is representing the people suing. He said he felt this agreement should be made. . Mr. Jones said regarding Item 11, the developer would like to see something done to allow the developer to obtain pro rata share as people tie on to the sewer to allow the developer to recover some of his cost. Page 11 P & Z Minutes J u 1 y 23, 1981 . Mr. Forester said in the City Developer Agreement·there is a remark section which the developer can state that he requests this. Mr. Bowen asked if they were aware of the request for additional utility easements. Mr. Jones said they were. Mr. Hannon asked if the drainage lines had been sized to handle the entire drainage area. Mr. Jones said they were sized to handle the subdivision. Mr. Forester said he would get with the engineer regarding oversizing the sewer line. He said this matter can be handled at the city staff level. He said he would also like for Mr. Brother's engineer to take another look at the drainage layout with respect to the head wall proposed on Eden Road, but this also can be worked out later. . PS 81-42 APPROVED Mr. Bowen moved, seconded by Mr. Hannon, to approve PS 81-42 subject to the engineer1s comments, with a waiver of item 1, and also to add the additional utility easements as requested. The motion carried 3-0. 9. PZ 81-26 Request of Fotomat Corp. to rezone a portion of Tract I-lA, Abstract 1010, Wm. Mann Survey, from the present classification of Local Retail to a proposed classification of Local Retail- Specific Use-Fotomat. This property is located at the northeast corner of Watauga Road and Rufe Snow Drive. This request was withdrawn by applicant prior to meeting. RECESS BACK TO ORDER The Chairman called a recess at 9:00 P. M. The Chairman called the meeting back to order at 9:10 P. M. with the same members present. 10. PZ 81-27 Request of George R. Duke, Jr. to rezone Lot 2, John1s Addition, from its present classification of Neighborhood Retail to a . Page 12 p & Z Minutes July 23, 1981 . proposed classification of Neighborhood Retail-Specific Use-Sale of Beer for off- premise consumption. This property is located at 6400 Davis Blvd. Mr. Duke came forward. He said he was requesting this Specific Use zoning so he might compete more evenly with his competitors to the north ~nd south of him for the sale of beer for off premise consumption. The Chairman called for those wishing to speak in favor of this 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 come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. PZ 81-27 APPROVED Mr. Hannon ,moved, seconded by Mr. Bowen, to approve PZ 81-27 as requested. . The motion carried 3-0. 11. PZ 81-28 Request of Miller of Texas to rezone Tracts 3,4A, & 4B, Abstract 1399, Thomas Sprouce Survey, and North Richland Estates Addition from their present classifications of Local Retail and 1F-9 to a proposed classification of Planned Development. This property. is located between Rufe Snow Drive and Douglas Lane, is approximately 1,000 feet south of Bursey Road, and is bounded on the'south by Foster Village.' I Addition. 12. PZ 81-29 This request was withdrawn prior to meeting by applicant. Request of James E. Blacketer with South- west Chi .Chi IS Limited Restaurant to rezone Lots 1 & 2~ Block 2, Cochran Addition, ~o be replatted as Lot 1R, Blk. 2, Cochran Addition) from the present classification of Commercial to a proposed classification of Commercial- Specific Use-Sale of Alcoholic Beverages. This property is located on the south side of Bedford-Euless Rd. and bounded on the east . . . . Page 13 P & Z Minutes July 23, 1981 by J. C. Penney1s Warehouse and on the west by Jamie1s Restaurant. Marion Massey, Attorney, came forward to represent Chi Chi IS Restaurant in their request. He said Chi Chi IS home office is in Houston and they propose ~to put in another restaurant on IIRestaurant Road II . Mr. Massey said they are requesting on premise sale of alcoholic beverages. He said the city has requested they replat the two lots into one lot. He said they did not have time to get a surveyor to do this, but will come in later with the replat. The Chairman called for those wishing to speak in favor of this 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 please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. PZ 81-29 APPROVED Mr. Bowen moved, seconded by Mr. Hannon, to approve PZ 81-29 as requested. The motion carried 3-0. 13. PZ 81-30 Request of Lloyd Brothers to rezone Lots 2 & 3, Block 2, Hewitt Estates Addition, from their present classification of Agriculture to a proposed classification of 1F-9. This property is located on the north side of Buck Street and approximately 160 feet west of Hewitt Street. Lloyd Brothers came forward. He said he purchased two lots or what he thought were lots and discovered when he applied for his building permits that they were still zoned Agriculture. Mr. Brothers said all he wants is for the lots to be zoned so he can build on them. Mrs. Calvert said Mr. Brothers got caught by an error that was made years ago. She said Page 14 p & Z Minutes July 23~ 1981 . the property was platted but never zoned. Mrs. Calvert said the lot size does not meet the Agricultural zoning requirements. She said when Mr. Brothers came in for a building permit, he was informed he could not build until· he received a zoning change. Mr. Bowen asked if it would be to the cityls advantage to add a minimum house size on the 1F-9 zoning. Mrs. Calvert said only if the Commission wants Mr. Brothers to build larger houses than the minimum requirement for IF-9 zoning. Mr. Brothers said the plans he proposes to use are for almost 1400 sq. ft. houses. He said most of the houses in this neighborhood are older, smaller houses. The Chairman called for those wishing to speak in favor of this 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 come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. Mr. Hannon said he would like to make mention, for the record, that the Commission received a letter from Mrs. Jackie Lawson who owns the adjacent property to the north concerning this request. He said she was not in favor of this request. PZ 81-30 APPROVE Mr. Hannon moved, seconded by Mr. Bowen, to approve PZ 81-30 as requested. The motion carried 3-0. 14. AMENDMENT TO SUBDIVISION Discussed at the beginning of the agenda. ORDINANCE #195 ADJOURNMENT The meeting adjourne,d_..at 9:15 P. M. . ~~ Gf?~~ ING AND ZONING COMMISSION . '. ~. ~