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HomeMy WebLinkAboutPZ 1980-02-28 Minutes . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF NOVEMBER 29, 1979 . CONSIDERATION OF THE MINUTES OF JANUARY 24, 1980 . 1 f\1INUTES OF THE REGULAR t·1EETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, FEBRUARY 28, 1980 The meeting was called to order by the Chairman, t:1ary Jo Shaunty, at 7:35 P.~1. PRESENT: CHAIRMAN SECRETARY r~Er·1BE RS t·1ary Jo Shaunty ~~arren Eckhardt Carl Greenfield r'1arj ori e Nash Jack Knowles CITY STAFF PRESENT: DIRECTOR OF P.W. Jim Anderson P & Z CLERK Wanda Calvert Mrs. Nash stated there are 2 corrections needed: Page 3, Paragraph 4, should read IIrequires 2000 sq. ft. minimum. II and Page 7, Paragraph 10, needs clarification. Mr. Anderson stated it should read IIthere was an increased number of fast foods such a s II Cap t a i n D I S II \~ i t h a II pic k - u P II win d ow and in-house eatingll. ~1rs. Nas h moved, sec onded by ~1r. Kno\'ll es , to approve the minutes of November 29, 1979, with these corrections. Motion carried 3-0 with Mr. Eckhardt and Mr. Greenfield abstaining because they were not at this meetin9. Mr. Greenfield stated there should be a correction on Page 8, Para~raph 4. He said he didn't recall that statement. Mr. Anderson stated he believed it should read: lithe developer should make a traffic study of the area. II Mr. Greenfield moved, seconded by Mr. Eckhardt, to approve the minutes of January 24, 1980, with this correction. Motion carried 4-0 with Mrs. Nash abstaining since she was not at this meeting. The Chairman stated they would hear the 2nd item on the agenda, PZ 80-5, first. Page 2 P & Z Minutes February 28, 1980 PZ 80-5 . . . *corporation establishing in the Dallas/Ft. Worth area. II 1 Request of Windermere Dev., Inc. to rezone Lot 3, Block 1, Cochran Addition, from its 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 Road just east of Dos Gringos restaurant. Mr. Paul R. Gareau represented Windermere Dev. Co. and Mother's Restaurants of Texas in their request. He stated he was from Canada and was a partner in a restaurant * corporation \t/ho are establishing in the Dallas/Ft. Worth area. He stated he was also a developer. Mr. Gareau said the restaurant company seeking this zoning request is called 1I~,1other's Restaurant of Texasll. He stated they have 45 restaurants in Canada. Mr. Gareau showed slides of the exterior of the restaurant, the interior, the decor, the type of customers, the food, type of personnel, and some of the many antiques they have. He stated they specialized in Italian food such as pizza and lasagna. He said they also have a salad bar featuring 16 items. Mr. Gareau said in regard to the alcoholic beverages, they do not have a bar, but they do provide drinks for their customers who wish them. He stated their alcoholic beverage sale is very low, approximately 18 to 20 percent. Mr. Gareau stated they have seating capacity for approximately 150 customers. He stated they have a speci a 1 J bi rthday celebration for adults and children. Mr. Gareau stated Mother's is a family restaurant catering to Mom and Dad as well as youngsters. Mr. Greenfield asked how many parking spaces they would have. Mr. Gareau stated they plan to have 60 to 65 parking spaces. He said the requirement was for only 42. Mrs. Nash asked how about the staff, how many would be employed at this restaurant. Mr. Gareau stated he wasn't sure because he does not work in that department, but there are a lot who work part time. He said he had seen 70 or 80 time cards. Page 3 p & Z Minutes February 28, 1980 1 . Mrs. Nash said she was interested in the employment opportunities. Mr. Gareau stated it would benefit this community greatly. Mrs. Nash asked what kind of kitchen would they have. Mr. Gareau stated most everything would be stainless steel, and there are no microwave ovens. The Chairman asked if there was anyone who wished to speak in favor of or in opposition to this request. . Pat Wolverton, 4800 Colorado, stated she and her family had lived 20 years at this address. She said they had seen many changes-many good ones. Mrs. Wolverton stated, however, she was here to represent the property owners who are within 200 feet of the property in question. She said the traffic on Bedford- Euless Road is so terrible sometimes of the day they don't even try to get out on Bedford- Euless Road. Mrs. Wolverton stated they feel the overflow of traffic has been caused by the restaurants in the area. She said Colorado is the only through street to Harwood Road. Mrs. Wolverton stated they are opposed to having anymore restaurants on Bedford-Euless Road. She said there were 8 letters mailed out to property owners within 200 feet. Mrs. Wolverton said there are 5 who are opposed, one on the list was J. C. Penney Co. whom she did not contact, one that is a rent house and the other lives in Las Vegas, and the other one is a businessman and he said he cannot sign. Mrs. Wolverton stated she has a petition she would like to submit. . Mr. Anderson stated the property is already zoned for a restaurant; this request is to be determined whether or not they can sell alcoholic beverages. He stated he was familiar with the traffic flûw because he had parked there and watched. Mr. Anderson stated that Bedford- Euless Road is a thoroughfare. He said we have a problem that he believes was created by Bennigans. He said they have enough parking Page 4 P & Z Minutes February 28, 1980 . . . *"and the notice she received was for the one on the west side of Penneys.1I 1 spaces, but the ones on the south side of the restaurant are not visible fran Bedford-Euless Road so the customers turn on Colorado and park. He stated this could be corrected if enough of the neighbors requested the city put up no parking signs on Colorado. Mr. Anderson stated he has reviewed the proposed layout of Mother's and sees no problem. He said with 60 parking spaces and 3 persons per car would be more than enough. Mrs. Wolverton stated they did not like it when they sit in their backyards and see alcoholic beverages being sold, and this petition so says they are against this. The Chairman stated the petition was not legal because it was not turned in on time. Mrs. Wolverton stated it was legal because she has done this previously on another case. Mr. Anderson stated they could file the petition with the City Secretary in plenty of time for the City Council meeting. Mrs. Wolverton stated she had this petition drawn up by a lawyer and asked when the city had changed their policy. The Chairman stated it has to be turned in early so we can check to see if they are all legal owners of said property. Mr. Greenfield stated he did not believe Mrs. Wolverton was within 200 feet of this property. Mrs. Wolverton stated she was, too. Mr. Greenfield stated this one, PZ 80-5, is on * the east side of Dos Gringos and the one you received on is on the west side of Penney's. Mrs. Wolverton stated that was correct and she was speaking regarding PZ 80-4. The Chairman asked if there was anyone else who wished to speak. Page 5 P & Z Minutes February 28~ 1980 1 . Mr. Greenfield moved, seconded by Mrs. Nash, to approve PZ 80-5 with the stip- ulation it be to Mother1s of Texas and it would not be transferable. Motion carried 4-1 with Mr. Eckhardt voting against. PZ 80-4 POSTPONED Request of Bryan Anderson to rezone a portion of Tract 11A, Abstract 1606, from its 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 Road just west of J.C. Penney Company warehouse. . Mr. Paul Gareau stated he will speak to this one also. He stated he is affiliated with the company that wished to develop a second restaurant. He stated he can not say for sure what kind of a restaurant it will be, but it will be of the same caliber as Mother1s. He stated this is only one acre of a larger tract of land. He stated the owner, Bryan Anderson applied for the zoning and the platting of the property. The owner employed a surveyor without knowing the city required an Engineer. Mr. Gareau said upon hearing that the platting would not be ready for this meeting, they cancelled the contract. He said they talked with the owner and they now have a verbal contract, but he still can not say what kind of restaurant will be put on this site. . Mr. Anderson stated this property is properly zoned Commercial, but is unplatted. He said the city requires a registered Engineer. He said there has to be drainage calculations as well as water and sewer layouts. Mr. Anderson stated it is permissable to have a zoning re- quest without platting, but it is necessary that we know exactly what is going to be put on the property. He said it would probably be best to postpone this zoning request until the March meeting. Bryan Anderson stated they do have a verbal contract and he requests the Commission grant this Specific Use and tie it to rlControlled Foodsll, He stated they had had a contract but the timing was a little off. Page 6 P & Z ~,1i nutes Februar.y 28 1980 1 . Mr. Gareau said he would just like to say that IIControlled Foods 1·1 is an associated company, a share holder of Mother's of Texas. He said actually there are 4 stock holders in the company and one of the in- dividuals of the Mother's of Texas is one of the stock holders in Controlled Foods. Mr. Gareau said he did not want the Com- mission to be confused. He said he would take the responsibility so if the Com- mission wants to tie the Specific Use to him personally, it would be fine, but not to Controlled Foods. He said he has to be care- ful of what he can do legally. Mr. Anderson said, "In other words, this is entirely a separate group of people except that one of the group is a share holder in Mother's." Mr. Gareau stated that was correct. One of the partners in ~other's is a major share holder in Controlled Foods. He said the company he controls is tAlindermere" . The Chairman asked ~r. Anderson if he didn't feel this could present a problem. Mr. Anderson stated there is no real problem. He said he understands the situation. Mr. Anderson said Mr. Gareau knows exactly what is going in on Lot 3, Block 1, Cochran Addition but he has no assurance of exactly what will go in on this lot. The Chairman suggested the item be tabled until the next meeting, giving Bryan Anderson and Mr. Gareau time to make the necessary decisions and then come back before the Com- mission with more definite information as to what will be constructed on this site. Mr. Anderson stated he would suggest that the definite type of restaurant be decided on be- fore they come back before the Commission. Mr. Knowles moved, seconded by Mr. Greenfield, to postpone PZ 80-4 until March 27th. Motion carried 5-0. . Page 7 P & Z Minutes February 28~ 1980 1 . PZ 80-6 APPROVED Request of Alton Isbell to rezone Tracts 3B1, 381C, 38, 385, 3B6, & 387, Abstract 1055, from its present classification of Agriculture to a proposed classification of 1F-9-15-0ne Family Dwellings. This property is located approximately 200 feet northeast of the intersection of Main Street and Crane Road and runs east to Precinct Line Road. Mr. Walter Elliott represented Alton Isbell in his request. He stated this case appeared previously as PZ 79-28 which, at that time, they were askin~ for 1F-B zonin9, which was denied. He stated they have modified this to meet the IF-9 zoning. Mr. Elliott said, if approved~ they will bring in preliminary plans. He stated this area is about half way from Martin Road and Amundson, bounded by Hurst on the east and to the west by Crane Rd. Mrs. Nash stated she could not find all the tracts listed. Mr. Elliott showed where each tract was located. . Mr. Knowles asked what the 2 colors meant on the plans he had on the easel. Mr. Elliott stated the reddish color is all the area included in this request, and the green color is the surrounding area. Mr. Anderson asked Mr. Elliott where he got the land for the larger lots required in 1F-9 zoning. Mr. Elliott stated they acquired an ingress, egress easement. Mr. Anderson asked if Mr. Rust's property would be included in the plat. ~r. Elliott stated it would. He said they would need Mr. Rust's property because they will have to put in a lift station for sewer. ~r. Anderson asked if the plat would show the proposed widening easement for Precinct Line Road. . . . . Page 8 P & Z Minutes February 28, 1980 1 Mr. Elliott stated it would. He said the plans would basically be the same except for the larger lots. Mr. Anderson stated the homes in Glenann are comparable to the 1F-9 and also the ones to the east in Hurst are, too. The Chairman asked if there was anyone who wished to speak in favor of or in opposition to this request. David Barfield asked what the 1F-9 zoning was. Mr. Anderson stated it required 9500 sq. ft. lots and 1500 sq. ft. homes. Mr. Barfield stated he was building his home on the hill next to this property. He said he would like to see if the city would put in a sewer line. Mr. Anderson stated that at this time, it would be impossible to do~ Mr. Barfield stated also that there is only a 2" water line. Mr. Elliott stated they would be getting their wa t e r from G 1 en ann 'II hi chi s a 6 II 1 i n e, but i n time, the city plans to put in an 8" line. Bill Sonricker stated that they are to the north. He stated he is concerned about the run-off which is approximately 60%. Mr. Sonricker said also there should be a permanent screen installed to catch the grass and rubbish. He stated there is also a stock pond that will overflow. Mr. Anderson stated he had studied the drainage in this area and since this plat was first submitted_ we have had an amendment which says you can't dam up water so as to harm or damage your neighbor. Mr. Anderson stated the city has tightened up somewhat. He said in regard to the blowing trash, Mr. Elliott agreed to put up a wire fence so it wouldn't blow on Mr. Sonricker's property. Page 9 p & Z Minutes February 28~ 1980 . PS 80-6 APPROVED . CONSIDERATION OF AN AMENDMENT TO ZONING ORDINANCE #179 APPROVED . 1 Mr. Sonricker stated he was not against this request for zoning, he is for it, but he would like these items taken care of. The Chairman asked if there was anyone else who wished to speak. Mr. Eckhardt moved, seconded by Mr. Knowles, to approve PZ 80-6 as requested. Motion carried 5-0. Request of Lee Bonham & Jack Roseberry for replat of Lot 2, Block 19, Clearview Addn. Mr. Roseberry stated this property was sold off in 3 different tracts without replatting. He said Whataburger replatted their part and he has two lots which he wants replatted into one lot so he can do something with the property. Mr. Greenfield asked where the 2 lots were. Mr. Roseberry showed where they were. The Chairman asked if there was anyone who wished to speak in favor of or in opposition to this request. Mr. Knowles moved, seconded by Mrs. Nash, to approve PS 80-6. Motion carried 5-0. Mr. Anderson asked if the Commission members had read the Amendment. They all said they had. Mr. Anderson stated most everyone had heard about the problem the city had with Jubilation who took the city to court because they felt our ordinance was not specific enough. He said this amendment lays out a Drocedure to \ I follow. Mr: Anderson stated we have to pro- ceed cautiously because the State of Texas agencies have assumed some jurisdiction, and only deal with the problems. In the original ordinance the ratio is 3-2, with the assumption that if a guy has food in his stomach, he won't be as apt to get drunk. The Commission all agreed this amendment was needed. Page 10 P & Z Minutes February 28, 1980 . OLfJ BUSINESS ADJOURNMENT cJ~rz ~ Mr. Greenfield moved, seconded by Mrs. Nash, to approve this amendment to the Zoning Ordinance #17~. Motion carried 5-0. None. The meeting adjourned at 9~OO P.M. /qA40<J. $.~ CHAIRMAN, PLANNING AND ZONING COMMISSION SECRETARY, PLANNING AND ZONING COMMISSION . .