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HomeMy WebLinkAboutPZ 1980-10-23 Minutes .' MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, OCTOBER 23, 1980 CALL TO ORDER The meeting was called to order by the Chairman, Carl Greenfield, at 7:35 P. M. ROLL CALL Present: Chairman Secretary Member Carl Greenfield Marjorie Nash Dan Bowen Absent: Ronnie Newman City Staff Present: City Manager Asst. City Manager Dir. Public Works P&Z Coordinator Chuck Williams Dennis Horvath J. M. Madera Wanda Calvert Counci1man Councilman Councilwoman Bob Brady Jim Wood Sharyl Groves CONSIDERATION OF MINUTES OF JULY 24, 1980 Mrs. Nash moved, seconded by Mr. Greenfield, to approve the minutes as written. Motion carried 2-0 with Mr. Bowen abstaining due to not being present at the July 24th meeting. . CONSIDERATION OF THE MINUTES OF AUGUST 28, 1980 Mrs. Nash moved, seconded by Mr. Greenfield, to approve the minutes as written. Motion carried 2-0 with a written confirmation from former member Warren Eckhardt. Mr. Bowen and Mr. Greenfield abstained due to their absence at the August 28th meeting. CONSIDERATION OF MINUTES OF SEPTEMBER 25, 1980 Mrs. Nash moved, seconded by Mr. Bowen to approve the minutes as written. Motion carried 3-0. CONSIDERATION TO CHANGE DATES OF NOVEMBER AND DECEMBER MEETINGS Mr. Bowen moved, seconded by Mrs. Nash, to change the November Planning and Zoning meeting date from November 27 to November 20. Motion carried 3-0. . Mr. Bowen moved, seconded by Mrs. Nash, to change the December Planning and Zoning meeting date from December 25 to December 18. Motion carried 3-0. P~E2 P & Z October 23, 1980 NEW BUSINESS . PS 80-41 Request of Cambridge Co. Development Corp. for preliminary plat of Lot 4, Block 2, North Park Plaza, 2nd filing. PS 80-42 Request of Cambridge Co. Development Corp. for final plat of Lot 4, Block 2, North Park Plaza, 2nd filing. Neil Cukerbaum with Cambridge Company Development Corp. came forward. He stated he had received the engineer's comments of September 16th and October 17th. Mr. Cukerbaum stated that item #1 of the October 17th letter will be done prior to going to council. Mr. Cukerbaum said he has a preliminary layout of the entire tract as requested in item #2, which he showed the Commission. He stated they only had approximately 3 acres left after developing North Park Plaza Shopping Center. . Mr. Cukerbaum said they plan to build a strip center because they need more retail area. He said it is raw land not large enough to build a shopping center. Mr. Cukerbaum said their plans might change slighly to respond to market demand, but it would be free-standing buildings. He said they want to create the highest and best use of the land. Mrs. Nash asked Mr. Cukerbaum if he felt it would be professional or small retail shops. Mr. Cukerbaum stated there are not many requests for the variety stores which probably require 15,000 ft. of retail space or 1~ acres. He said he felt it would have to be small tenants. Mr. Cukerbaum said he had been contacted by a veterinarian. . PAGE 3 P & Z October 23, 1980 . The Chairman called for anyone wishing to speak regarding these requests to please come forward. There being no one to speak, the Chairman closed the public hearing. PS 80-41 APPROVED Mr. Bowen moved, seconded by Mrs. Nash, to approve PS 80-41 subject to the engineer's comments of September 16 and October 17, 1980. Motion carried 3-0. PS 80-42 APPROVED Mr. Bowen moved, seconded by Mrs. Nash, to approve PS 80-42 subject to the engineer's comments of September 16 and October 17, 1980. Motion carried 3-0. The Chairman recognized Councilwoman Sharyl Groves. PS 80-44 Request of TESCO for preliminary plat of Lot 16, ~dgley Addition. . PS 80-45 Request of TESCO for final plat of Lot 16, Edgley Addition. Trenton Cogdill and Mr. Lariman came forward to represent TESCO. Mr. Lariman stated they had received the city engineer's comments and they had complied with all of them except #6, 7, and 8, which were taken care of with the Director of Utilities, Allen Bronstad. Mr. Horvath stated that was correct, he had talked with Mr. Bronstad also. The Chairman called for anyone wishing to speak regarding these requests to please come forward. There being no one to speak, the Chairman closed the public hearing. PS 80-44 APPROVED ~1rs. Nash moved, seconded by Mr. Bowen, to approve PS 80-44 subject to the engineer's comments. Motion carried 3-0. . Page 4 P & Z October 23, 1980 . PS 80-45 APPROVED Mrs. Nash moved, seconded by Mr. Bowen, to approve PS 80-45, subject to the engineer's comments. Motion carried 3-0. PS 80-50 Request of Clark Brothers for preliminary plat of Lots 1-22, Block 34, Holiday West, Section III. Bill Boomer with Gordon Swift Engineers came forward. He stated they had received the city engineer's letter and would like to comment on some of the items. Mr. Boomer said #5 regarding enlarging the proposed 36" storm sewer to 48" they would agree to do, but would like to request the city pay for the additional expense that is incurred between the 36" and 48". Mr. Horvath said the city would agree to work with them on this. . Mr. Boomer said #6 regarding Lots 10 and 13 of Block 34 having less than the minimum depth of 100 ft., he believes they could get a house on them. Mr. Boomer said #2 regarding a preliminary layout of the entire property, when they purchased this land from Hamm and Sandlin, they made a commitment to build duplexes to serve as a buffer. He said they have a layout of the commercial development. Mr. Boomer showed the layout to the Commission. He stated they plan to come in with a single road. Mr. Greenfield asked Mr. Boomer to show the Commission members the boundaries of this property. Mr. Bowen asked Mr. Boomer how they plan to build houses on those small lots. . Mr. Boomer said they would have to be a little longer and narrower. Mr. Bowen said he felt the Commission had a problem here. PAGE 5 P & Z October 23, 1980 ~ . Mr. Greenfield said the Commission could not override the zoning ordinance which requires a minimum depth of 110 ft. He said the Commission could approve this request subject to the engineer's comments and that comment #6 be dealt with prior to coming in with the final plat. The Chairman called for anyone wishing to speak regarding this request to please come forward. There being no one to speak, the Chairman closed the public hearing. PS 80-50 APPROVED Mr. Bowen moved, seconded by Mrs. Nash to approve PS 80-50, subject to the engineer's comments. Motion carried 3-0. PZ 80-36 Request of Marvin Smith to rezone Lot 15R2, Block 1, Richland Oaks Addition, from its present classification of 1F-12- One Family Dwelling to a proposed classification of Local Retail. This property is located at the southeast corner of Harwood Road and Grapevine Highway. . Marvin Smith came forward. He said this property is at the corner of Harwood Road and Grapevine Highway and lies on the south side of Harwood Road. Mr. Smith said this is distressed property approximately 30,000 sq. ft. with a 4,000 ft. frontage. He said it is joined on the east by a large drainage ditch. Mr. Smith said he proposed to build a 4,000 sq. fte, 1 story building with a glass front and plenty of off-street parking. . Mr. Smith said he did not want a convenience store such as a 7-11, he is interested in office space. He said he would like to have a real estate office, doctor's office, insurance agency, beauty shop, or barber shop. Mr. Smith said there would be 3 or 4 spaces. P~E6 P & Z October 23, 1980 . Mr. Smith said he would rather have professional office space, but would consider a beauty or barber shop. Mr. Smith presented the Commission with a preliminary plan of the property. Mr. Smith said he didn't feel anyone would want to build a house or duplex on it. He said part of the lot will have to be filled 4 or 5 feet. Mr. Smith said he plans to leave some of the large trees and plans to build a retainer wall and a stockade fence. He said he also plans to put in a sprinkler system. Mr. Smith said provided the city would allow it, he would like to plant some trees across the front and install the sprinkler system. Mr. Smith said he wants to build something nice, something that would look good, but if someone has a better use of the land, he is open for suggestions. . Mr. Greenfield asked Mr. Horvath about the parking requirement. Mrs. Nash asked Mr. Smith about drainage. Mr. Smith said when they fill this lot in, they could make it drain anyway necessary, they could make it drain down Harwood Road. Mr. Horvath said there is drainage on Har~od and the parking requirement will be discussed at the time of p1atting. Mr. Smith said he plans to build that retaining wall. The Chairman called for anyone wishing to speak in favor of this request to please come forward. Oliver Boles came forward. He said he represented the buyer. Mr. Boles said this is a very distressed piece of property, and he feels this is the best use for the property. . ~ Page 7 P & Z October 23, 1980 . Alice Nunley, 5145 Jennings Drive, came forward. She said she wasn't sure if she was for or against this request. Mrs. Nunley asked if it would be stipulated that they must build certain things. Mr. Horvath said that at the time of the final plat is submitted, they would have to submit construction plans and layout. Mrs. Nunley said what if they said it would be office space but then decided to build something else. Mrs. Nunley said she has a simular situation on Grapevine Hwy. She said the neighbors do not like her, either. . Mrs. Nunley said this vacant lot does create snake and rat problems; the city would be able to increase their tax revenue, but there is some flooding. She said the flooding happened when they built Grapevine Hwy., but to put more water into this ditch now might cause problems. Mrs. Nunley asked if they could re- route the ditch. Mr. Greenfield asked Mrs. Nunley if she was saying she thought it could present a problem. Mrs. Nunley said she felt it should be re-routed. Mr. Horvath said if the zoning is changed, then before the plat is approved, our engineer would go out and make them bring the drainage up to code. Mrs. Nunley said then whe would be in favor of the approval of this zoning request. The Chairman called for anyone wishing to speak in opposition to this request to please come forward. Mrs. Doyne Bird, 8320 Dude Ct. said they have lived here 20 some odd years and hoped to stay 20 more years, but they have had to fight many battles. She said they do have a flooding situation. Mrs. Bird said if they were to get a 9 inch rain, there would be serious problems. . P~E8 p & Z October 23, 1980 1 . Mrs. Bird said there are approximately 39 people who live around here and 38 are against this request, Mrs. Nunley is the only one for it. Mrs. Bird said water goes allover this property. She said when they built Northeast Mall, it was built over the creek where the water had to go; then there's the freeway. She asked ~where the water could go. Mrs. Bird said this man said we shouldn't have built there anyway, but a builder built the houses then not knowing they would flood. She showed pictures to the Commission. Mrs. Bird said her husband would be 65 in March and they are too old to have to buy another house. . Mrs. Bird said this request would cause a greater traffic hazard on Harwood Road and Grapevine Highway. She said lots of times when she goes out on Jennings she has to turn around and go back. Mr. Greenfield told Mrs. Bird the Commission understands her concerns about the traffic, drainage, etc. and they need to move along and allow others time to speak. Mrs. Bird asked about the parking for this 4,000 sq. ft. building. Mr. Greenfield said that is a matter to be taken up at the time of the platting of the property; this is a zoning matter. Mrs. Bird said about the trees Mr. Smith wants to plant - that would be a traffic hazard: She said she wants to beg the Commission to turn this request down, that she doesn't see why anyone would buy this property anyway. . Gene Burroughs, 5132 Jennings Drive, came forward. He said he had lived here 2~ years and said his property is adjacent to tñis property, about 175 ft. from his property line. P~E9 P & Z October 23, 1980 . Mr. Burroughs said he was concerned about the retainer wall, it would have to be at least 5 ft. He said he had tried to get the City to do something about this drainage. Mr. Burroughs said he had lost about 20 cubic yards of his yard. Mr. Burroughs said he doesn't know about the snakes and rats. Mr. Burroughs read a letter from Cecil & Gladys Wright who live at 5140 Jennings Drive and were unable to attend. The letter stated they were opposed to this zoning request. Mr. Burroughs said he moved there to raise his family and plans to live right there the rest of his life. He said his house had never been flooded. Mr. Greenfield asked Mr. Burroughs to show the Commission where his and the Wright's property lies. . Mrs. Jerry Cozby, 5125 Jennings Drive, came forward. Mrs. Cozby asked if the city has a master zoning plan. She said she felt this would be spot zoning. Mr. Greenfield said the city does have a master plan which is in a plan of revision. Mrs. Cozby asked if the Commission would consider this spot zoning. Mr. Greenfield said they did not. Mrs. Cozby said they have a very nice neighborhood, but have approximately 5 lots which could be used for busÍnesses. Mr. Greenfield asked Mrs. Cozby to show where her property lies. Mr. Greenfield asked Mrs. Cozby if her property had been flooded. . Mrs. Cozby said it had not been flooded. PAGE 10 p & Z October 23, 1980 1 . Mrs. Audrey Chaffin, 5144 Jennings Drive came forward. She said she is proud of her neighborhood and would not like to have a business there, due to the traffic. Mrs. Chaffin said the man previously had said that no one had offered to buy this piece of land, but Mrs. Wright and Mr. Burrough both had tried to buy it 2 years ago, but they would not sell. Mrs. Chaffin said there are several néighbors who have children. She said she is against this zoning request. Mr. Allen Chaffin, 5144 Jennings, came forward. He said he owns lots 13 & 14 directly behind this lot in question and a small portion of lot 15 down close to the center of the creek. Mr. Chaffin said they definitely have had a flooding problem for several years. . Mr. Chaffin said he was opposed to any rezoning of this property. Mr. Chaffin said he would request that the Commission go out and look this property over. Mr. Greenfield said the Commission had been out and looked this property over. Gene Ward, 5128 Jennings Drive, came forward. She said there is definitely a flooding problem and also there is a traffic problem and this would add to the problems. Mrs. Nunley asked if there is a proposed signal at Harwood Road and Grapevine Highway. Mr. Greenfield said there was. . Mrs. Nunley said these people are not only opposed to businesses, they are opposed to the duplexes she tried to build. She said these neighbors have cars, campers, etc. parked on Jennings so you cannot see around. PAGE 11 p & Z October 23, 1980 1 . Mrs. Nunley said she feels Mr. Smith is being denied the best use of his property. Mr. Greenfield said the si'gnalization was approved last week. Mark Howe came forward. He said he was with American National Mortgage and wanted to speak in favor of this request. He said as far as the use of this property, it would increase the tax revenue and was well suited for the proposed use. Mr. Howe said in regards to the flooding, this is their best opportunity to get the drainage fixed; the City Engineer would see to it that it is improved. Mr. Howe said the city would probably be longer in correcting this than Mr. Smith would be. . J. Dolan Lunsford, 3816 Diamond Loch E., came forward. He said he is the owner of the property. Mr. Lunsford said he bought the property with the intention of building a home on it, but when they went to widen Harwood Road, 3 ft. was taken off his side and none off TCJC's side which made it not large enough. Mr. Lunsford said he was then assessed $2,300.00 for curb and gutter. Mr. Lunsford said the lady was wrong, he had had this property for sale for 10 years and had only 2 buyers - both were for commercial use. Mr. Horvath said the signals have been approved and the bids let on the signal lights at Grapevine Highway and Harwood Road. Mrs. Nash asked when they would be put up. Mr. Horvath said as soon as possible. . Mr. Marvin Smith said he could appreciate some of the people's problems, but he plans to build a professional type building. He said if the zoning is not changed, the neighbors will still have tneir problems they have had for years. Mr. Smith said when he goes in and improves it, it will be an ~ Page 12 P & Z October 23, 1980 . asset to the neighborhood. He said it would not create a greater traffic problem and he would correct some of the drainage problems. Mr. Smith said he had lived in this area all his life, he lived here before there was a city. Mr. Smith said he had been building in this area for 12 years and request~d that he be allowed to build this building. RECESS The Chairman called a 10 minute recess at 8:50 P. M. BACK TO ORDER The Chairman called the meeting back to order at 9:05 P. M. with the same members present. The Chairman closed the public hearing. Mr. Bowen said the problem he would have would be the drainage and Mr. Smith says the work he will do will correct this problem and Mr. Bowen said he feels this would help these people. . Mr. Greenfield said the Commission did not want to cause a problem. Mrs. Nash said that Mr. Smith said he could cause the drainage to flow two or three different ways-could he do this; he said there are two ditches or he could drain it on Harwood. Mrs. Nash said what she wasnt sure of was if this would all come together and cause flooding. Mr. Horvath said the City Engineer would see to it that it drains properly. Mr. Greenfield said the Commission should decide on the zoning request. Mrs. Nash said that several people have spoken about "Connnercial", but she said she would like to point out that there is a difference in Commercial zoning and Local Retail zoning. She said you cannot put manufacturing or storage in Local Retail zoning. . PAGE 13 p & Z October 23, 1980 ~ . Mr. Greenfield said they want the best possible use of the land. He said if the land is to be used for Local Retail the ordinance requires a fence as a buffer and the drainage would have to be taken care of. PZ 80-36 APPROVED Mr. Bowen moved, seconded by Mrs. Nash to approve PZ 80-36 as requested. Motion carried 3-0. PZ 80-37 Request of Charles Beane to rezone Lots 18-28, Block 42Bl, Richland Terrace Addition, from its present classification of Specific Use-Community Unit Devel- opment to a proposed classification of Multiple Family. This property is located on the east side of Cloyce Street, approximately 442 feet south of Maplewood Drive. PS 80-43 Request of Charles Beane for replat of Lots 18R, 19R, & 20R, Block 42Bl, Richland Terrace Addition. . Charles Beane came forward. He said this property is approximately one block east of the City Hall. Mr. Beane said this property is in 11 small lots for Town Houses. He said he wishes to build quadroplexes. Mr. Beane said he needed to replat this property into 3 lots so he could build each one on a separate lot. The Chairman called for anyone wishing to speak in favor of or in opposition to these requests to please come forward. There being no one to speak, the Chairman closed the public hearing. PZ 80-37 APPROVED Mr. Bowen moved, seconded by Mrs. Nash to approve PZ 80-37 as requested. Motion carried 3-0. PS 80-43 APPROVED Mrs. Nash moved, seconded by Mr. Bowen to approve PS 80-43. Motion carried 3-0. . PAGE 14 p & Z October 23, 1980 PZ 80-38 Request of Ron Lusk to rezone Tract 10Al, Abstract 1606, from its present classification of IF-9-0ne Family Dwellings to a proposed classification of 2F-9-Two Family Dwellings. This property.is located at the southeast corner of Booth Calloway Road and Rogan Drive. . Ron Lusk came forward. He said he wants to build duplexes on this property. He showed the Commission pictures of the neighborhood. Mr. Lusk said one of the pictures showed a house that was supposed to be torn down when the property owner died, but as yet has not been torn down. Mr. Lusk said this would be a $600,000.00 investment which he feels would be an asset to this area. Mr. Lusk said Southland Corporation that owns 7-11 stores had lóoked at this proper ty . . Mr. Lusk said he felt this would be the highest and best use of this property. Mr. Lusk showed the Commission a layout of the property and what they plan to build. Mr. Lusk said there would be a sight baring fence, a stockard fence. Mr. Greenfield said they would consider the zoning first, then the platting. Mr. Lusk said he would like rebuttal time. The Chairman called for anyone wishing to speak against this request to please come forward. . Mrs. L. B. Vaughan, 4317 Ashmore, came forward. She said they had lived here for 18 years and when she found out about this request, she got out and got a petition signed by 15 neighbors but was unable to contact the 16th neighhor. Mrs. Vaughan said all of them do not want duplexes. She said they have a quiet neighborhood and want to keep it that way. She said if this property had been larger, Mr. Lusk would have put apartments on it. PAGE 15 P & Z October 23, 1980 . Mrs. Vaughan presented the petition to the Commission. Mrs. Calvert said this would not be valid because it wasn't turned in early enough for her to check the names to be sure they are valid property owner within 200 ft. of the property. Mrs. Vaughan said she came up to the city hall and they said all she had to do was bring it tonight. Mrs. Calvert said she would check it and it would be valid for the City Council if this request is approved. Mr. Greenfield said they would hold the petition for the Council. Carolyn Myres, 4321 Ashmore Drive, came forward. She said they live directly behind this property. She said she and her husband bought this home last year and then he passed away last fall. . Mrs. Myres said she hated to have transit people at her back yard. Mac Waldrip, 7813 Randle, came forward. He said his property joins the property in question. Mr. Waldrip said it is zoned one family and wants it to stay one family. Mr. Greenfield asked Mr. Waldrip to show where his property is located. Russell Ortman, 4300 Booth Calloway Road, came forward. He said he is presently opposed to duplexes. Ruth Baker, 4304 Booth Calloway Road, came forward. She said she is opposed to duplexes and she does not want rent property next to her property. Mr. Lusk said he gave Mrs. Vaughan a copy of the plans and asked her if she showed it to the neighbors. . Mrs. Vaughan said she wasn't interested in looking at his plans. Mr. Lusk said he feels this is the highest and best use for this property. PAGE 16 P & Z October 23, 1980 . The Chairman called for anyone else wishing to speak to please come forward. There being no one, the Chairman closed the public hearing. Mr. Ortman said he wanted to ask if this property could be sold as residences instead of rental property. Mr. Greenfield said the property across the street is zoned local retail. Mark Howe. , co-owner of the property in question, said the economics of the land prohibits the use of it as residential; there are ratios involved in building. He said the chance of a builder building residential is very doubtful. Mr. Howe~ said the legal technicality would be none, but the economices would be. Mr. Greenfield asked, if this is approved, do they plan to rent these or would they be sold. . Mr. Howe said they would like to sell them as an owner-occupant, otherwise, they will rent them. Mr. Greenfield asked if they~plan to build on all the lots or sell some of them. Mr. Lusk said it is their intention to build on all of them, but they are in this business for profit. He said they will be built to city codes. Mr. Howe said they could not ignore the economics, you cannot guess this. Mr. Powen said he was sympathetic with the neighbors. Mr. Horvath said Booth Calloway Road will be widened and improved but he cannot give them a date - just in the near future. . Mrs. Nash said Lot 15 does not meet the zoning ordinance requirements. PAGE 17 P & Z October 23, 1980 Mr. Lusk asked what the problem was. . Mr. Horvath said it wasn't 9,000 sq. ft. Mr. Lusk said they could move the lot line. He said he will be extending a 6" water line and will put in a fire hydrant and. this would change the insurance coverage for the neighborhood. Mr. Bowen made a motion to deny PZ 80-38. Mrs. Nash seconded the motion in order to get the motion on the floor. The motion was defeated with a vote of 1-2 with Mrs. Nash and Mr. Greenfield voting against denial. PZ 80-38 APPROVED Mrs. Nash made a motion to approve PZ 80-38. Mr. Bowen seconded the motion in order to get the motion on the floor. The motion carried 2-1 with Mr. Bowen voting against. PS 80-46 Request of Ron Lusk for preliminary plat Lots 8-15, Block 8, Richland Heights . Addition. PS 80-47 Request of Ron Lusk for final plat of Lots 8-15, Block 8, Richland Heights Addition. Ernest Hedgecoth, consulting engineer, came forward. He said they had received the engineers letter and are in full agreement with all the comments. They are as follows: . #1 - We will be glad to put the zoning on the plat. #2 - We request that the side yard for Lot 13 of 15 ft. fronting on~Rogan Drive be allowed to remain since the buildings will face Booth Calloway Road. #3 - The developer agrees to pay his pro rata share of the existing sanitary sewer. #4 - The developer will pay his pro rata share for the existing water lines in Booth Calloway Road, $4.00 per lineal foot, for the frontage on Booth Calloway Road only. The water services will be installed in Rogan Drive at the developer's expense. Therefore, the pro rata costs should not apply. The City Engineer has agreed with this conclusion. #5- The Developer will pay his pro rata cost for the proposed Booth Calloway Road improve- ments when they are completed. PAGE 18 P & Z October 23, 1980 . Mr. Bowen said they still have to consider the problem with Lot 15. Mr. Greenfield asked Mr. Horvath about the 15 and 25 ft. set backs. Mr. Horvath said the Commission could either grant the 15 ft. they are requesting or reqúire them to go with the 25 ft. as is stipulated in the ordinance. Mr. Greenfield asked Mr. Lusk how they plan to comply with the ordinance requirement for lot size on lot 15. Mr. Lusk said if the plat is approve, he could go before the Zoning Board of Adjustments for a variance or he could possibly try to buy more land. Mr. Hedgcoth said they could have had all the lots 69~ ft. wide, but they just made the one 68.33 ft. Mr. Greenfield said then they would have to ask for a variance on all 3 lots. . Mr. Lusk asked the Commission to approve the plat subject to them correcting the problems on lots 13, 14, & 15. Mr. Greenfield aske d Mr. Horvath how he felt about this. Mr. Horvath said they could either deny the plat or postpone it until they can come in with the problem corrected. Mr. Horvath said for the development of Booth Calloway Road, they have agreed to grant the right-of-way needed, they donated 25 ft. to the city. Mrs. Calvert said the Commission could approve the preliminary plat subject to the engineer's comments and postpone the final plat until the corrections are made. PS 80-46 APPROVED Mr. Bowen made the motion to approve PS 80-46 subject to the engineer's comments and the lot sizes öf lots 13, 14 & 15 being worked out on the final plat. Mrs. Nash seconded the motion. Motion carried 3-0. . PAGE 19 P & Z October 23, 1980 . PS 80-47 POSTPONED Mr. Bowen made the motion to postpone PS 80-47 until such time the problems of the lot sizes of lots 13, 14 & 15 can be worked out. This motion was seconded by Mrs. Nash. The motion carried 3-0. PZ 80-39 Request of Clifford Pearson to rezone Tract lA4, Abstract 1399, from its present classification of Agriculture to a proposed classification of IF-9-0ne Family Dwellings. This property is located on the south side of Bursey Road, approx- imately 454 feet west of Douglas Lane. PS 80-48 Request of Clifford Pearson for preliminary plat of lots 1 and 2, Block 1, Pearson Addition. PS 80-49 Request of Clifford Pearson for final plat of lots 1 ând 2, Block 1, Pearson Addition. . Mr. Delbert Stembridge, consulting engineer, came forward to represent Mr. Pearson. He said Mr. Pearson has owned this property for several years. Mr. Stembridge said Mr. Pearson has moved and built him a house and has decided he has enough room on the west side of the property for two lots for his children. Mr. Stembridge said in order for Mr. Pearson to get building permits for his children's houses, he had to zone and plat the property. Mr. Stembridge said they had received the engineer's comments and they take no exception except to #4 regarding showing a preliminary plat of the entire property that Mr. Pearson owns. Mr. Stembridge said Mr. Pearson does not plan to develop any of the property but the two lots; he does not plan to put any roads in. Mr. Stembridge said #7 of the engineer's letter - they are only subdividing two tracts of land and keeping the 3rd tract. . Mr. Stembridge said that Mr. Pearson has no objection to paying the pro rata, but he would like to sign a covenant to pay when the improvements are done on Bursey Road. PAGE 20 p & Z October 23, 1980 . Mr. Stembridge said this "the plat must provide for dedicated alleys", ne never heard of this, but if necessarý, they would agree. Mr. Greenfield asked Mr. Stembridge if he was taking exception to item #4. Mr. Stembridge said they do not intend to put in a road on either of these 2 tracts or the other property that is left. Mr. Horvath showed Mr. Stembridge the proposed street that is shown on the city's map of proposed streets. Mr. Horvath asked Mr. Stembridge if they would consider IF-12 zoning instead of the IF-9. Mr. Stembridge said they would agree to that. Mr. Horvath said the city would like to see IF-12 in the upper portion of the city. . The Chairman called for anyone wishing to speak in favor of or in opposition to these requests to please come forward. There being no one to speak, the Chairman closed the public hearing. PZ 80-39 APPROVED Mr. Bowen moved, seconded by Mrs. Nash, to approve PZ 80-39 as IF-12 zoning. The motion carried 3-0. PS 80-48 APPROVED Mrs. Nash moved, seconded by Mr. Bowen, to approve PS 80-48 subject to the engineer's comments- If The motion carried 3-0. PS 80-49 APPROVED Mr. Bowen moved, seconded by Mrs. Nash to approve PS 80-49 subject to the engineer's comments. The motion carried 3-0. PZ 80-40 Request of Drake Enterprises, Inc. (Jamie's Restaurant) to rezone Lot 3, Block 2, Cochran Addition, from its present classification of Commercial to Commercial- Specific Use-Sale of Alcoholice Beverages. This property is located on the south side of Bedford-Euless Road and bounded on the west by Tarrant County Sub-Courthouse. . PAGE 21 p & Z October 23, 1980 . Mr. Marion Massey, Attorne~ came forward to represent Drake Enterprises, Inc. Mr. Massey said Mr. Drake had built a first class restaurant. He gave the Commission an architectural rendering of Jamie's Restaurant and the parking layout. He said page 3 showed the inside of the restaurant. Mr. Massey said if you have driven by, you can see it is nearly completed. He said it is located on Restaurant Row and Mr. Drake paid a premium for this property which is presently zoned "Commercial". Mr. Massey said that Mr. Drake is required to provide 36 parking spaces, but he has made 95 parking spaces - 3 times as many as the other restaurants are required to have, Red Bobster, Dos Gringos, and Bennigans. . Mr. Massey said they previously came in for this zoning request but was denied. Mr. Massey said there are no reasonable relationships with the difference in the traffic in Specific Use zoning and commercia~ it is unreasonable. He said they want to operate a restaurant and sell alcoholic beverages with the food. Mr. Massey said the voters of North Richland Hills had a chance to have their say regarding alcohol. Mr. Massey said it is not a question of the zoning for a restaurant, it is in commercial zoning. Mr. Massey said Mr. Drake plans to open in November. He said the question is fairness; Mr. Drake should have the same privilege as his competitors. He sa±d this would be discriminatory. Mr. Massey said Mr. Drake was here to answer any questions. . The Chairman called for anyone wishing to speak in favor of this request to please come forward. There was none. PAGE 22 P & Z October 23, 1980 . The Chairman called for anyone wishing to speak in opposition to please come forward. Robin Pierce, 4804 Grove, came forward. She said she is opposed to this request. Mrs. Pierce said it would bring in more traffic into this area; it will be necessary to have traffic lights there. Pat Wolverton, 4800 Colorado, came forward. She said she lives on the corner of Colorado and Bedford-Euless Road right where Colorado and Jamie's drive way intersects. Mrs. Wolverton said she has lived here 20 years and is the original owner of her property. She said she has 3 children and this is their home. . Mrs. Wolverton said she was speaking in behalf of the property owners within 200 feet of this property. She said she has a petition with 6 of the 9 property owner's names on it. Mrs. Wolverton said of the 3, one was Tarrant County Sub-Courthouse, next door to her the owner lives in Las Vegas and the other one, Mr. and Mrs. Ray Jones, were called out of town, but they would have signed. Mrs. Wolverton said in the 20 years there has been many changes, some good - this is not good. She said our streets are overloaded, it is impossible to enter onto Bedford-Euless Road now. Mrs. Wolverton said the traffic is backed up both east and west and Colorado is the only through street from Bedford- Euless Road to Harwood Road. Mrs. Wolverton said she had installed storm windows and a fence because of the noise and crud from Bedford-Euless. She said there are numerous accidents on Bedford-Euless. Mrs. Wolverton said this request was denied April 24th by Planning and Zoning and June 29th by City Council and nothing has changed - only they kept on building. . Mrs. Wolverton said she resents anyone corning in and making problems for their neighborhood. She said she feels it is not in the best interest. PAGE 23 p & Z October 23, 1980 . The Chairman called for anyone else wishing to speak to please come forward. There being no one else to speak, the Chairman closed the public hearing. Mr. Greenfield said he sympathizes with the homeowners, but he cannot see how it could be much worse whether they serve alcohol or not. He said he feels it would not be legal to deny this request since the others on the street have the specific use. Mr. Greenfield asked if there were any solutions to the traffic problem. Mr. Massey said Mr. Drake plans to bring the traffic in one drive way and out the other one. Mr. John Drake came forward. He said that was the reason he put two drive ways so it wouldn't create a problem. Mr. Drake said they could have the traffic enter at the one across from Colorado and exit out the other one. . Mr. Massey said the Commission needs to take into consideration that Mr. Drake has 3 times the parking spaces he is required to have. Mrs. Nash asked if there could be a one- way sign put up where they could only turn one way onto Bedford-Euless Road. Mr. Horvath said we could request the one way, the city could make a study and would probably put one up. Mrs. Wolverton asked it the city would enforce it. Mr. Horvath said if they put one up, they would. . Stewart Pierce, 4804 Grove, came forward. He said they already have people parking in front of their houses to go to the courthouse. He said if they have company, they have to pa.rk 3 or 4 doors down, the busiest hours being on weekends. Mrs. Wolverton said she just wanted to know what has change since this request was denied. PAGE 24 P & Z October 23, 1980 . Mr. Greenfield said they are allowed to apply again. He said there are different people on the board and they believe the traffic is already there whether alcohol is sold with the food or not. Mr. Greenfield said they would try to route the traffic in and out to help her and ask the police to make a study also. The Chairman asked for a motion. PZ 80-40 APPROVED Mr. Bowen moved, seconded by Mrs. Nash, to approve PZ 80-40, with the stipulation that Mr. Drake channel the traffic in and out. The motion carried 3-0. ADJOURNMENT The meeting adjourned at 11:18 P. M. ~ J, ,./ It , ~} 1/ .' j.~, /!.." ~. /1 /t / "-<:./ '~:_:..' /J' '.' ~. CHAIRMAN PLANNING & . .