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HomeMy WebLinkAboutPZ 1981-10-22 Minutes . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, OCTOBER 22, 1981 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Carl Greenfield, at 7:35 P. M. ROLL CALL PRESENT: CHAIRMAN SECRETARY MEMBERS Carl Greenfield Marjorie Nash Don Bowen George Tucker Mark Hannon COUNCILMAN Jim Ramsey DIRECTOR OF PUBLIC WORKS/UTILITY Cecil Forester DIRECTOR OF DEVELOPMENT Allen Bronstad P & Z COORDINATOR Wanda Calvert CONSIDERATION OF THE MINUTES OF SEPTEMBER 24, 1981 Mr. Bowen moved, seconded by Mr. Hannon, to approve the minutes as written. . The motion carried 4-0. Mrs. Nash abstained since she was absent at the meeting. CONSIDERATION OF DATES FOR THE NOVEMBER & DECEMBER MEETINGS Mr. Bowen made a motion to set November 19th and December 17th as the meeting dåtes for the next two months. This motion was seconded by Mrs. Nash and the motion carried 5-0. NEW BUSINESS 1. PS 81-51 Request of Delma & J. R. Phillips for preliminary plat of Block 34, College Hill Addition (Phillips Northeast Addition). Delbert Stembridge, Consulting Engineer, at 3729 Flory Street, came forward to represent the Phillips in their request. Mr. Stembridge stated Mr. David Moak had prepared the plat and he did the Engineering. He said Mr. Moak was correcting the plats and would have them to Mrs. Calvert in a day or two. . Mr. Stembridge said he had received the City Engineer1s letter which had 6 comments. He Page 2 P & Z Minutes October 22, 1981 . said #1-Mr. Moak is changing the zoning to commercial on the plat; #2- is the City Staff1s responsibility; #3 & 4-they have no objections to; #5 regarding the need of a permit from the highway department for drive- way cuts-if there is any new construction, they will get one; and #6 regarding the septic system, the owner has had no problem with the septic system. Mr. Hannon said it looked like the lot lines on the plat go through the middle of the buildings. He asked if the buildings shared a common wall. Mr. Stembridge said they did. Mr. Greenfield stated T.E.S.C.O. had requested additional easement. PS 81-51 APPROVED Mrs. Nash moved to approve PS 81-51 subject to the Engineer's comments and the additional T.E.S.C.O. easement. . Mr. Tucker seconded the motion and the motion carried 5-0. 2. PS 81-52 Request of Cambridge Co. Dev. Corp. for final plat of Lot 2, Block 1, Northpark Plaza Addition, Section 3. 3. PS 81-53 Request of Cambridge Co. Dev. Corp. for final plat of Lots 3 & 4, Block 1, Northpark Plaza Addition, Phase II. Mr. Charles Scoville with Cambridge Co. Dev. Corp. came forward. . Mr. Scoville stated they had received the City Engineer1s comments and would have the corrections made in a few days. He said in regard to the permit from Mobil Oil, they were contacted and they said they do not give a permi't, but would furnish a letter to this. Mr. Scoville said the other Engineer1s comment was regardi'ng pro rata. He said they would like to sign an agreement to pay the pro rata prior to getting a building permit. Mr. Scoville said they would like to pay the pro rata up to the Phase II line, then not pay on Phase III until they come in for a building permit. Page 3 P & Z Minutes October 22, 1981 . Mr. Bronstad said they could sign a covenant for the streets, but on water and sewer, they would have to pay when they get a building permit. Mr. Scoville said they would like to do this in phases. Mr. Bronstad said if its one lot, they will have to pay it all, but if it is two lots, they could divide it up. Mr. Bowen stated it just shows one lot. PS 81-52 APPROVED Mr. Scoville said then, he would like to postpone PS 81-53. Mr. Bowen moved to approve PS 81-52 subject to the Engineerls comments and the additional utility easement. The motion was seconded by Mr. Hannon and the motion carri'ed 5-0. . PS 81-53 POSTPONED Mr. Hannon moved, seconded by Mrs. Nash, to postpone PS 81-53 as requested by the developer. The motion carri'ed 5-0. 4. PS 81-56 Request of Richland Enterprises for preliminary plat of Holiday North, Section 9. Owen D. Long, Engineer, came forward to represent Hamm & Sandlin in their request. Mr. Long said this was just a one lot tract that was left, and they don It know what they will put on i't; they might put duplexes, but are not sure, now. Mr. Long said since this lot joins Block 10, he would like to change the legal description to Lot 5, Block 10, Holi'day North, Section 9. Mr. Long said they would grant the additional utility easement. Mr. Greenfield asked if Mr. Long agreed to all the Engineerls comments. . Mr. Long stated they did. Page 4 P & Z Minutes October 22, 1981 . PS 81-56 APPROVED Mrs. Nash moved to approve PS 81-56 subject to the Engineer1s comments and the additional easement. The motion was seconded by Mr. Tucker and the motion carried 5-0. 5. PS 81-57 Request of Weitzman-Norrich Joint Venture for replat of Block 2R, Richfield Place Commercial Addition. Dick Perkins with Teague Nall & Perkins Engineers came forward to present this request. Mr. Perkins said they needed this replat to revise some building lines. Mr. Perkins said he had received the Engineerls letter and the requests for additional utjlity easements. He sai'd they do not mind giving the easements and they agree to the Engineerls comments. . PS 81-57 APPROV ED Mr. Bowen moved to approve PS 81-57 subject to the Engineer1s comments and the additional utility easements. The motion was seconded by Mr. Tucker and the motion carried 5-0. 6. PS 81-58 Request of Richard Kurtz for preliminary plat of Lot 2, Block 2, A. G. Walker Addition. 7. PS 81-59 Request of Richard Kurtz for final plat of Lot 2, Block 2, A. G. Walker Addition. Delbert Stembri'dge, Consulting Engineer, came forward to represent Mr. Kurtz in his requests. Mr. Stembridge said they agreed to all the Engineer1s comments. PS 81-58 APPROV ED Mr. Hannon moved to approve PS 81-58 subject to the Engi,neerls comments. The motfon was seconded by Mr. Tucker and the motion carried 5-0. PS 81-59 APPROVED Mr. Tucker moved to approve PS 81-59 subject to the Engineer's comments. . The motion was seconded by Mr. Bowen and the motion carried 5-0. Page 5 P & Z Minutes October 22, 1981 . 8. PZ 81-31 Request of Mrs. Sid Parker to rezone Lot lR, Block 3, Ri'chaven Addi'ti'on, from its present classifi'cation of IF-9-0ne Family Dwelling to a proposed classification of Neighbor- hood Retai'l. This property is located at 4801 Grove St. Mrs. Parker came forward. She said they had tried to sell this house twice and also tried to rent it, but i't is too close to the street. Mrs. Parker said the bedroom i's right on the street since they took part of the yard for widening Bedford Euless Road. She said she canJt sell it or rent it. Mrs. Parker said there are at least 3 or 4 places in that area that is already running businesses wi'th no zoning permit. She said that is illegal, but she wants to be legal. Mr. Greenfield asked Mrs. Parker to give a list of the addresses. . Mrs. Parker said they are at 4800 Wyoming, 4800 Colorado, 4800 Grove, and 5104 Eldorado. The Chairman opened the Public Hearing and called for thos'e wishing to speak in opposition to thi's request to please come forward. Marilyn Jones, 4800 Grove, came forward. She said she guessed they would be most affected by this. She said: I-she realizes they have commercial zoning on the other side of the street and it has i'ncreased the traffic. She said if thi's zoning is changed it would just add more traffic to the area. 2.-Where does she plan to put her parking? She said she felt it would not only be on Bedford Euless Road, but would also be on their residential street. #3-If approved, she felt they would have trouble selling thei'r property. She said if a large developer would come in and buy them all, they would agree, but not just one lot. #4-She said they do sell plants just as a garage sale two to four times a year. . Mrs. Jones said they do hope the Commission will carry out the wi'shes of the majority who signed the petition. Page 6 P & Z Minutes October 22, 1981 . Mr. Greenfield said 8 out of 16 signed the petition. The Chairman called for anyone else wishing to speak in opposition to please come forward. There being no one, the Chairman called for those wishing to speak in favor of this request to please come forward. There being no one, the Chairman closed the Public Hearing. Mr. Hannon said he felt this would be spot zöning and would encroach into single family. Mr. Bowen said he spoke with the City Planner and he felt that even though it is bounded by retail, it should stay residential. PZ 81-31 DENIED Mr. Hannon moved to deny PZ 81-31. This motion was seconded by Mrs. Nash and the motion to deny carried 5-0. . Mrs. Parker asked what about the others who are already doing business in the residential zoning area. Mr. Greenfield said the city would check this out and enforce the code. 9. PZ 81-32 Request of Claude Byrd, Byrd Automotive, to rezone Lot 6, Block 23, Clearview'\Addition, from its present classi'ficatton of IF-9-0ne Family Dwelling to a proposed classification of Comme rc ia 1 . Thi's property is located on Maplewood Drive and is bounded on the southeast by Byrd Automoti've. Mr. Byrd came forward. He said this lot was previously zoned commercial and then returned back to residential. . Mr. Byrd said they had already cleaned up the lot pretty well and they plan to fence it and keep it clean. He said the neighbors have been using the lot for a trash dump. Mr. Byrd said the property next to this lot is already zoned commercial. Page 7 p & Z Minutes October 22, 1981 . Mr. Bowen asked what would be parked on the lot. Would it be cars for repair? Mr. Byrd said it would be for customerls cars and employee IS cars. Mr. Greenfield asked Mr. Bronstad about the previous zoning of this lot. Mr. Bronstad said that in 1974 or 1975 it was zoned Local Retail-Specific Use for an office. The Chairman opened the Public Hearing and called for those wishing to speak in opposition to please come forward. Kent Fickle, 7908 Maplewood, came forward. He said he lived two lots from the property in question. . Mr. Fickle said when this lot was rezoned from residential to Local Retail for an office, then overnight the man built a large building) which the city made him tear down. Mr. Fickle asked if they get this rezoned, could they do anything they want to do. Mr. Bronstad said they could do anything that is allowed in commercial zoning. Mr. Fickle asked if he could get up a petition. Mr. Bronstad said it would have to be turned in to the City Secretary by Wednesday noon prior to the City Council meetfng. Mr. Fickle asked if they plan to put up a chai'n link fence. Mr. Bowen said a sight barring fence is requi'red in commerci'al zoning. The Chairman called for others wishing to speak fn opposition to please come forward. There being no one, the Chairman called for those wishing to speak in favor of this request to please come forward. . Page 8 P & Z Minutes October 22, 1981 . There being no one, the Chairman closed the Public Hearing. PZ 81-32 DENIED Mr. Hannon moved to deny PZ 81-32. 10. PZ 81-33 This motion was seconded by Mr. Tucker and the motion to deny carried 4-1 with Mr. Greenfield voting against denial. Request of John Barfield to rezone a portion of Tract 2, Abstract 1150, David Moses Survey, from its present classification of Agriculture to a proposed classification of IF-8-1400. This property is located south of the St. Louis & Southwestern Railroad, bounded on the east by Precinct Line Road and on the south by Amundson Drive. Request of John Barfield to rezone a portion of Tract 2, Abstract 1150, David Moses Survey, from its present classification of Agriculture to a proposed classification of Local Retail. This is three (3) small tracts located: I-at the southwest corner of the St. Louis & Southwestern RR & Precinct Line Road; 2-at the intersection of Amundson Drive and the railroad; and 3-at the northwest corner of Amundson Drive and Preci'nct Line Road. 11. PZ 81-34 . Mr. Barfield came forward to represent the owners of thi's property. He said they were here about a year ago with this same request. He said si'nce then they had worked out several problems. Mr., Barfield said that previously they had asked for IF-8-1400, but the Commission felt all property next to the railroad should be i'ndustrial. He said there was no opposition from the ci'tizens at that time. He said they would rather have homes as to have warehouses, etc. Mr. Barfield said he has 20 acres which lies north of the railroad tract, but he is not coming in for it at this time. He said he is requesting Local Retail for three small tracts. Mr. Barfi'eld said the lots have a minimum of 9,000 sq. feet with a range of 1400 to 1500 sq. ft homes that would range in price from . Page 9 p & Z Mi,nutes,. October 22, 1981 . $75,000 and up. He said it would take 3 to 4 years to develop and by then they would probably range from $85,000 to $90,000. Mr. Barfield said he felt those who can afford this price rang would be good home- owners because they would have to make $50,000 a year to qualify. He said if the interest would come down to 13% he could sell lots of houses. Mr. Bowen asked what the mixture of houses would be. Mr. Barfield said 1400 to 1600. . The Chairman opened the Public Hearing and called for those wishing to speak in favor of these requests to please come forward. W. N. Ratcliff, 9224 Amundson Drive, said 100% of the property owners are in favor of this request. He said that in the early 70ls they drilled a well to be able to obtain water and fire service. Mr. Ratcliff said he felt this would improve their property and request the Commission approve these requests. The Chairman called for those wishing to speak in opposition to please come forward. Glenn Eckerman, 7005 Eden Road, said he was located at the west end of the property. He said he bought out there to get away from town. Mr. Eckennan said the intersection is bad with the railroad and two small streets that are not cared for. He said the houses around here run from 1700 sq. ft. to 4000 sq. ft. He said his was 3400 sq. ft. Mr. Eckerman said he would like for the Commission to deny these reque~ts, especially the Local Retail Mr. M. H. Roberson, 7008 Eden Road, came forward. He said he lives directly across from thi, s property. He sai.d the houses around are larger. Mr. Roberson said Mr. Barfield should make the minimum 1700 sq. ft. and go from there. . Page 10 P & Z Minutes October 22, 1981 . Mr. Roberson said he moved out there for the country atmosphere. The Chairman called for anyone else who wished to speak to please come forward. There being no one, the Chairman closed the Public Hearing. Mr. Tucker said in regard to PZ 81-33, they should take into consideration the economy, and he didn1t have any problems with the size of the houses. Mr. Hannon said the day of the large house and large lot are over and you must also consider they might have problems selling homes next to a railroad. Mrs. Nash said she agreed with Mr. Tucker. Mr. Bowen said he had no problem with it. PZ 81-33 APPROVED Mr. Tucker moved, seconded by Mrs. Nash, to approve PZ 81-33 as requested. . The motion carried 5-0. Mr. Tucker said in regard to PZ 81-34, he has problems with this. He said you have 3 corners which would cause congestion. Mr. Hannon said the large tract at the south- east corner, there would be a sharp curve and if you had a curb cut there, it would be hazardous. Mr. Hannon said the other two corners are not suitable for anything more. Mrs. Nash said she agreed about the blind corner. PZ 81-34 DENIED Mr. Tucker moved, seconded by Mr. Hannon, to deny PZ 81-34. 12. PS 81-55 The motion to deny carried 5-0. Request of John Barfield for preliminary plat of Oak Hills Addition. . O. D. Long came forward to represent Mr. Barfield. He said he had set back for future widening of Precinct Line and Amundson Drive. Page 11 P & Z Minutes October 22, 1981 . Mr. Long said the large lot was a life estate. Mr. Long said they had received the Engineerls comments and have no problem with items 1 thru 5, but on #6-the City Engineer has made a mistake. There was a discussion regarding this. Mr. Long said in regard to submitting the construction plans to the railroad, they feel they need to wait until the final plat approval because they would have trouble getting an approval from the railroad unless the plat has already been approved by the city. Mr. Long said they would take exception to #6 till the final plat approval; #7 is okay and on #8 he said he had discussed with Mr. Bronstad and this is in accordance with the city·s master plan. PS 81-55 APPROVED Mr. Long said they agree to pay the pro rata; # 10 & 11, we will do; #12-we will come back and ask for city participation in this; #13-they they feel should be handled after the final plat and #14-the city already has this. Mr. Hannon moved to approve PS 81-55 subject to the Engi neer I'S comments, #6-we agree thi s is in error, provide a 4 X 5 ft. box culvert and a 60 II pipe with further drainage probably to be worked out, and the city agree to oversize. . The motion was seconded by Mr. Tucker and the motion carried 5-0. 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. 13. PZ 81-35 Request of Aubrey Brothers to rezone Tract 3A, Abstract 1150, David Moses Survey, from its present classification of Agriculture to proposed classifications of 1F-12-1800, 1F-9-1700, and 1F-9-1500~ This property is located east of Eden Road, approximately 1900 feet north of Amundson Drive with porti'ons fronting on Eden Road. . Page 12 P & Z Minutes October 22, 1981 . Dick Perkins with Teague Nall & Perkins Engineers came forward. He said they previously came in with a request for 1F-9- 1500 which the Commission approved, but was denied by the City Council. Mr. Perkins said they have a compromise zoning which they feel answers the concerns of the people. He said the first 5 lots closest to Eden Road would be IF-12-1800; the next 10 lots closest to Eden Road IF-9- 1700; and the remainder IF-9-1500. Mr. Perkins said he made a study of the homes within 200 feet and they range in size from 1192 to 2878, average of 1796 sq ft. He said if you take all the homes located on Eden Road which is 1192 to 2944, it would average 1839 sq. ft. Mr. Perkins said they feel this ar~angement is a fair compromise. . Mr. Perkins said the council had 3 concerns: 1. The school district. He said there is a 12 acre site located at the southeast corner of Rumfield Road and Stonybrooke Drive. He said this site is owned by Birdville Independent School District and they have a sensitive ear for the need for additional schools. Mr. Perkins said it would be 18 months before they would have a house there and he feels the school di stri!ct woul d buil d ;-f it was needed. 2. Mr. Perkins sai'd in the preliminary land study, the City Planner, Mike Monroe, has recommended for this area low density of 5 units or less per acre and this figures 3.07 per acre. 3. Mr. Perki,ns said the third concern was Eden Road. He said he feels the City, County, and the developer can work together on this; let the City and County widen and regrade the shoulders and the developer agree to extend the culvert. This would be a 3-party effort. Mr. Perkins said they feel they have offered a fa ir compromi se. . The Chai,rrnan opened the Public Hearing and called for those wishing to speak against this request to please come forward. Page 13 P & Z Minutes October 22, 1981 . Bill Wallace, 7401 Eden Road, came forward. He said this request has been voted down two times in one year. Mr. Wallace said the surrounding homeowners are against it because of the schools and streets. He showed pictures of how the street stays 90% of the time. Mr. Wallace said these pictures were taken before the last rain. He said the road needs a major overhall. He said when it rains, the water runs from bar-ditch to bar-ditch. Mr. Wallace said in regards to the sewer being within 500 feet of them, the homeowners would have to bear the expense, the developer wouldnlt. Mr. Wallace said he feels they should have larger lots and larger houses. Perry Weise, 7404 Eden Road, came forward. He said there was already a bottleneck of traffic onto Davis and Precinct Line, on Bedford Euless Road at the Northeast Mall to Davts and Grapevine Highway. . Jean Wollenschlager, 7308 Eden Road, came forward.. She said this request really affects her, 6 of the homes, 4 on one side.. Mrs. Wollenschlager sai'd they bought out there a year ago because they wanted the country living. She said if this is approved she would look out at her back yard and see 4 houses. Mrs. Wollenschlager said it would cause a traffic problem and she wants to keep the country livi'ng. M~ H. Roberson, 7008 Eden Road, came forward. He said he has 330 ft.. frontage on Eden Road. He sai'd he enjoys the country living.. Mr. Roberson said he knew that progress has to be, but there should be some place where there could be country livi'ng. The Chai.rman called for those wishing to speak tn favor of this request to please come forward. . Elmer Allison, owner of the property, came forward~ He sai"d they had tried 3 times to zone thi.'s property. He said the utility - department put in an 8 inch water line and pays $2,600 a year to TRA whichi's spent for the taxpayers'. Page 14 P & Z Minutes October 22, 1981 . Dick Perkins came forward. He said the citizens were concerned about the sewer. He said the developer will bring it up to Eden Road and they can tie onto it. Mr. Perkins said the developer would put up an 8 ft. sight barring fence for Mrs. Wollenschlager. Mrs. Wollenschlager said then she couldn't see anything. The Chairman closed the Public Hearing. Mr. Hannon asked Mr. Perkins if he was agreeing to participate in the reconstruction of Eden Road. Mr. Perkins said they would agree to extend the box culvert. He said the pro rata the developer will pay would go a long way on paying for improvements on Eden Road. . Mr. Hannon asked Mr. Perkins if when they pay the pro rata, they would request it be spent to upgrade the road. Mr. Perkins said this would be a means to satisfy the property owners as well as help solve the problem. Mr. Hannon asked if they had considered taking an access out to Precinct Line Road. Mr. Perkins said they had talked with Mr. Ba rfi,e 1 d who owns some of the property, and he said they do plan to develop and extend at a later date. PZ 81-35 APPROVED Mr. Hannon moved to approve PZ 81-35. He said he felt this was a good plan at the beginning but the Commission IS concern is for the traffic on Eden Road. Mrs. Nash said she would second the motion to get it on the floor. Thi,s motion carried 3-2 wi,'th Mr$. Nash and Mr. Bowen voting against. . Page 15 P & Z Minutes October 22, 1981 . 14. PZ 81-36 Request of National Advertising Company to rezone a portion of Block 2, Snow Heights North Addition, from its present classifi- cation of Local Retail to a proposed classi- fication of Local Retail-Specific Use- Billboard. This property is located on the north side of N. E. Loop 820 and approximately 650 feet east of Rufe Snow Drive. . Mark Johnson came forward to represent National Advertising in their request. He said this billboard was built about 5 years ago and the permit was in error and they were not allowed to use it. Mr. Johnson said about 1~ years ago, they came in and received a Specific Use for North Hills Mall and now they want one for North Loop Dodge. He said they have a si'gned contract for 12 months. Mr. Johnson showed what the sign would look like~ He said it looks better with something on i't ins'tead of a blank sign. Mr. Johnson said he would request the Commission approve thts request. Mr. Tucker asked i'f Mr. Johnson was requesting the Speci'fi'c Use for just one side. Mr. Johnson said it was for the back side of the one adverti'si'ng Meadow Lakes Addition. He satd it was butlt for a 2-faced sign~ The Chatrman opened the Public Hearing and called for those wishing to speak in favor of thi's request to please come forward. There bei'ng no one wishing to speak, the Chatrman called for those wishing to speak in opposi'ti'on to please come forward. There being no one wishing to speak, the Chatrman closed the public hearing. Mrs. Nash safd she had mtxed emotions about ustng both si,des. She asked when the 12 month contract would start. . Page 16 p & Z Minutes October 22, 1981 . Mr. Johnson said it would start when the sign is complete. He said they would like for the Specific Use to be for North Richland \ Hills businesses and that way they would not have to come back every year. Mr. Greenfield said he was concerned about what would be put on the sign. David Haroldson came forward. He said they have never put up any distasteful signs; no X-rated movies, etc. He said they don It advertise liquor. Mr. Haroldson said they would be happy to submit to the city staff before putting the sign up each time. Mr. Greenfield asked if they were willing for the Commission to tie it down to advertise only North Richland Hills business and for staff approva 1 .. Mr. Haroldson said that would be fine. Mrs. Nash asked what would be the volume for the city staff. . Mr. Johnson said no more than two per year. PZ 81-36 AP PROV ED Mr. Tucker moved to approve PZ 81-36 and that a copy would be submitted to the city s'taff for approval. This moti on was' seconded by Mr. Bowen and the moti'on carrted 5-0. ADJOURNMENT The meeting adjourned at 10:05 P8 M. ~J7~fr~ ~."(i[? .Lj;~ ·SECRETARY p~ . NING AND ZONING COMMISSION ~ .