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HomeMy WebLinkAboutPZ 1979-09-27 Minutes . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF AUGUST 23, 1979 NEW BUSINESS . PZ 79~36 APPROVED . ~ MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, SEPTEMBER 27, 1979 The meeting was called to order by the Chairman, Mary Jo Shaunty, at 7:33 P.M. PRESENT: CHAIRMAN SECRETARY MEMBER ABSENT: CITY STAFF PRESENT: DIRECTOR OF P.W. P & Z CLERKS Mary Jo Shaunty Warren Eckhardt Jack Knowles Marjorie Nash Jim Anderson ~Janda Ca 1 vert Desi Smyth Mr. Eckhardt moved, seconded by Mr. Knowles, to approve the minutes as read. Motion carried 3-0. The Chairman stated that the Commission would hear PZ 79\36 first on the agenda since the representatives are from out of town. Request of Crossroads Development Co. to rezone Tract 2A2, a portion of Tract 2A, Abstract 1606, and Blocks 1,2,2B1, & 2B6, Snow Heights North Addition, from its present classification of Multi-Family and Local Retail to a proposed classification of Commercial. This property is located on the Northeast corner of Loop 820 and Rufe Snow Drive. Mr. John Cook represented Crossroads Dev. Co. in their request. He stated the reason for the zoning change was for more flex- ibility in the types of businesses they could have. Mr. Anderson stated that this is only a small area of a large tract of land to be developed. He stated he requested they only come in for this small amount due to a drainage problem. Mr. Anderson stated that most everyone knows of the drainage problem at the high school. He stated this land is perfect for Commercial zoning. There is Local Retail across the street which will probably go Commercial, Industrial on the ~ Page 2 P & Z Minutes September 27, 1979 . west and Agricultural zoning to the north, which will change sooner or later. Mrs. Shaunty asked if they plan to come back in later and request a zoning change of Commercial for the rest of the tract. Mr. Cook stated they would after this part is developed. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Mr. Knowles moved, seconded by Mr. Eckhardt, to approve PZ 79~36 as requested. Motion carried 3-0. PS 79-69 APPROVED Request of Dal-Worth Developers, Inc. for final plat of Holiday North, Section 7. . Mr. Ernest Hedgcoth, Consulting Engineer, represented Dal-Worth Dev. Co. in their request. He stated they had received the Engineer's letter and have complied with all the comments, but request the pro rata be waived or delayed till the second phase. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Mrs. Shaunty asked Mr. Hedgcoth to speak regarding #2 of the Engineer's letter stating: "We understand that the developer may wish to defer construction of the Calloway Branch channel improvements through this property until Phase 2 is developed. We have no objections to this if the developer's engineer can certify that Phase 1 development will not be affected by the 100 year flood. However, at such time that the channel improvements are initiated, we would request that a set of construction plans containing a profile and typical cross-sections be submitted for our review. II Mr. Hedgcoth stated they have a cross-section study on the 100 year storm drainage. He stated that most of the Phase 1 is east of the drainage channel. . Mr. Knowles moved, seconded by Mr. Eckhardt, to approve PS 79-69 subject to the Engineer's comments. Motion carried 3-0. . Page 3 P & Z Minutes September 27~ 1979 PZ 79~33 APPROVED Request of National Convenience Stores to rezone Lot 1, Block 1, Northland Shopping Center Addition from its present classi- fication of Local Retail-Specific Use-Sale of Beer for off-premise consumption to Commercial-Specific Use-Sale of Beer for off-premise consumption. This property is located on the southeast corner of Rufe Snow Drive and Watauga Road. Mr. Bob Ray represented National Convenience Stores in their request. He stated their plans included a self-service car wash, but they did not realize they did not have the proper zoning until they came in for the building permit. . Mr. Anderson stated they came in a few months ago for Specific Use zoning to sell beer for off~premise consumption, but did not realize our ordinance required Commercial zoning for the car wash. He stated that Kroger Company had sent in a letter of opposition to this request due to the visibility of their future store. Mr. Anderson stated this car wash will be self service with trash bins provided. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Mr. Eckhardt moved, seconded by Mr. Knowles, to approve PZ 79~33 as requested. Motion carried 3-0. PZ 79~34 POSTPONED Request of Dan L. Griffin to rezone Tract 2, Abstract 1010, & Tracts 12 & 12A, Abstract 130, from its present classification of Agriculture to a proposed classification of IF-8-0ne Family Dwellings. This property is located on the south side of Chapman Road with Richfield Park bounding on the west. PS 79-68 POSTPONED Request of Dan L. Griffin for preliminary plat of Williamsburg Park Addition. . Mr. Anderson stated that Dan L. Griffin had requested these be postponed until the October meeting since he was told the City Council probably would not approve his requests~ He stated Mr. Griffin plans to come in with a considerable change. ~ Page 4 P & Z Minutes September 27, 1979 . The Chairman stated PZ 79-34 and PS 79-68 will be heard October 25, 1979~ PZ 79-35 DENIED Request of Robert E. Noble to rezone Tract 2A, Abstract 1625, and Lot 4-E120'3, Block M, and Lot N165123, Block N, Smithfield Addition, from its present classification of Agriculture to a proposed classification of Multiple Family. This property is located off Main Street next to Glenann Addition. Mr. Robert Noble stated he wanted to appologize for not having a preliminary plat at the time he applied for this zoning request, but that he now has one. He gave the Commission copies and also hung one up for the audience to see. Mr. Nobles stated he should have asked for 2 family residence zoning since he plans to build duplexes. He stated that lots 6,7,8, & 9 all back up to Amundson Drive and the railroad and was originally planned for four-plexes and the rest for duplexes. He said he might also put in a convenience store on Tract A. . Mrs. Shaunty asked Mrs. Calvert if he could change the zoning request to 2F-9. Mrs. Calvert stated he could not change it now, he would have to come back in again because all the property owners within 200 feet would have to be contacted again. Mr. Anderson stated they could go with Multi- Family zoning and stipulate duplexes to be built on certain lots. The Chairman asked Mr. Nobles to show the audience what he plans to do. Mr. Knowles asked if this would be the type duplexes that would have the garage and park- ing in the rear. Mr. Nobles stated they would have the garages in back. . The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Tony Skur stated he was a resident of Glen- ann Addition. He said he and 45 homeowners in Glenann met September 25th to discuss . . . ~ Page 5 P & Z Minutes September 27, 1979 this Multiple Family zoning request. Mr. Skur read from the zoning ordinance all the different things that could be built in this type zoning. He stated they were all against this request due to the added traffic it would create and it would add to the con- gestion around the school. Mr. Skur stated traffic backs up from Davis to Smithfield Jr. High every day, plus the steady stream of students walking to and from school. Mr. Skur stated they felt they would be asking for more problems if this request was granted. He said apartments cause dete~ioration of the area with neglected yards. Mr. Skur read the purpose and object of the zoning ordinance, pages 4 & 5: liThe zoning regulations and districts as herein established have been in accordance with a comprehensive master plan for the purpose of promoting health, safety, morals and the general welfare of the City of North Richland Hills. They have been designated to lessen congestion in the streets, to secure safety from fire, panic and other danger, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concen- tration of population, to facilitate provisions of transportation, water, sewage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of district and for its peculiar suitability for particular uses, and with a view of conserving the value of the buildings and to encourage the most appropriate use of the land throughout the City of North Richland Hills, Texasll. Mr. Skur stated it would be to the homeowners and the city1s advantage to keep this zoning request from passing. Don Fry stated he would like to ditto every- thing Mr. Skur said, but he would also like to state bringing in a convenience store next to the school, the homeowners are very much against. The Chairman asked what the audience thought the land would be good for. Mr. Skur stated the homeowners would like to see a continuation of Glenann Addition with single family residences. ~ Page 6 P & Z Minutes September 27? 1979 . Lee Ann James stated she would like for the city to purchase this property for a park. She said lIafter all, we are tax payers. II Dick Burham said he would like some questions answered. He asked what recourse does Mr. Noble have if he is turned down and if you vote for this request, what is the homeowners' recourse. . The Chairman stated if the Commission turns down this request, Mr. Noble can appeal to the city council for a hearing, and if the Commission passes it, the homeowners can go to the city council meeting and speak against it just as you have here tonight. Mr. Anderson stated he had talked to several of the homeowners in Glenann. He said when you think of Multiple Family, you think of high density and low income, but in North Richland Hills, this can1t be as our ordinances are so strict. He stated the city requires 2~ parking spaces per unit. It would be considerably lower density. Also the land must be platted before it can be built on. Mr. Anderson stated that originally the master plan showed this for Industrial zoning. He stated the homeowners should consider what could be built in Industrial zoning. He stated he knew the residents are unhappy with the drainage problem and also the airport, but they should realize that there are some people that can not afford to buy homes and must rent. Mr. Anderson stated he feels the duplexes would serve as a good buffer to the west. Ken Austin stated he lives about 100 yards east of this development. He stated with the Junior high there, it takes him 20 minutes to get from his house to Smithfield Elementary School on Smithfield Road to take his children to. Mr. Anderson stated this could be controlled with a traffic light at Davis and Main Street, but this would cost $70,000 which the city does not have. Mr. Austin stated he had moved here from a congested area and he thought Glenann would be a very nice place to live. . ~ Page 7 P & Z Minutes September 27~ 1979 . George Richardson stated he lives on the corner directly across from where Mr. Nobles plans to put the convenience store. He stated there are so many robberies of convenience stores now that it is big business. He stated he was definitely opposed to this zoning request. Mr. Anderson stated that Mr. Nobles could not put a convenience store in Multiple Family zoning. The Chairman asked if there was anyone else who wished to speak. Mr. Skur stated he wanted to reaffirm that the homeowners in Glenann Addition are opposed to both Multiple Family and duplex zoning. Charlie Lamp asked what the sq. footage require~ ments was for duplexes. Mr. Anderson stated 1000 sq. ft. per living area. . Bob Voirin asked if there was a restricition as to how many people can live in the 1000 sq. ft. living area. He stated they were trying to protect their property value. He said in 3 to 5 years when this goes in, these same people who would rent these could afford to buy their houses. Mr. Anderson stated the city does have restric- tions and also the County Health Dept. does too. Mr. Eckhardt moved, seconded by Mr. Knowles, to DENY PZ 79-35 and request that Mr. Nobles come back in with a duplex zoning. Motion carried 3~0. PZ 79\37 DENIED Request of Robert P. Stewart to rezone Lot 2, Block 50, Nor East Addition from its present classification of Commercial to Commercial- Specific Use-Sale of Beer for off-premises consumption. . This property is located at 5251 Davis Blvd. Mr. David Chappel represented Mr. Stewart & National Convenience Stores in their request. He stated that Stop and Go has been there since 1969. Mr. Chappel stated they had competition all along Davis Blvd. He stated all they are asking is to equalize the business. He stated there was a 7-11 located ~ mile on the left of them which sells beer and the IIPronto" store 5/10 mile to the north and 7/10 of a mile is another 7-1' stóre all sell beer for off-premises ~ Page 8 p & Z Minutes September 27, 1979 . consumption. Mr. Chappel stated they were loosing $16,000 per year because they are not allowed to sell beer. He showed pictures of the surrounding businesses and property zoned for commercial use. Mr. Chappel presented a list of 230 signatures of customers requesting the sale of beer. Mr. Anderson asked Mr. Chappel if their lawsuit against the city was still active. Mr. Chappel stated it was, however, if this request is granted, the suit would be dropped. Mr. Anderson stated that since they were located between two churches, he went out and measured and the Stop and Go is 313 ft. from the Methodist church and 480 ft. from the Baptist church, which is ok. Mr. Chappel stated their store is no different from the 7-11. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. . Oscar Houston, pastor of Davis Blvd. Baptist Church, requested the Commission prevent beer from being sold next to a church. He stated they have several complaints with Stop and Go now, especially the sale of obscene literature. Sam Jordan, 7701 Nor East Dr., stated there is a lot of foot traffic around this area. He stated there are a lot of children who walk along his street and Greenwood Way to the store. . He stated he stopped trading there because of the literature in the store. He said he has to pick up cans and bottles off the corner of his property every morning. Mr. Jordan stated he would agree to the zoning if Mr. Chappel would come out every morning and pick up the beer cans out of his yard. Pauline Payne stated Mr. Chappel doesn't know about the traffic problem we have on Davis Blvd. She stated the traffic from Green Valley would stop at the Stop and Go want;'nn to buy beer . Mrs. Payne stated that Davis Blvd. Ba~tist church believes the beer sales would ¿aus~ t~e traffic to be worse on Davis Blvd. ~ Page 9 P & Z Minutes September 27, 1979 . Mr. Anderson stated that there will be a traffic light installed at Davis and Harwood when the widening is completed. Mr. Chappel stated he did not think anyone would get drunk if they sold beer for off-premise consumption. He stated the issue here is the request that National Convenience Stores be allowed to give the same service to their customers as the other stores in the area. Mr. Houston stated he lives 4 doors down from the 7~11 and they will buy beer and come out the door and flip the can open and make a phone call or fill up with gas while drinking the beer on the premises. Mr. Anderson stated this should be brought to the attention of the police department. Ronnie DeArmon stated he was a member of Davis Blvd. Baptist church and he was against this request because it would make beer available to minors. He stated he had seen young people under 13 buying the stuff. . Mr. Knowles moved, seconded by Mr. Eckhardt, to DENY PZ 79-37. Motion carried 3~O. PZ 79-38 APPROVED Request of Jack S. Cook to rezone Tract 3A4, Abstract 1150, from its present classification of Agriculture to a proposed classification of IF-9-0ne Family Dwelling with a minimum of 1500 sq. ft. floor space. This property is located on the east side of Eden Road approximately 350 ft. south of Rumfield Road. PS 79-70 APPROVED PS 79-71 APPROVED Request of Jack S. Cook for preliminary plat of Lot 1, Block 1, Eden Addition. Request of Jack S. Cook for final plat of Lot 1, Block 1, Eden Addition. Mr. Delbert Stembridge, consulting engineer, represented Mr. Cook in his requests. He stated he had received the Engineer1s letter and have made the necessary corrections, but would like to request that Mr. Cook be allowed to sign a covenant for the pro rata. . The Chairman asked if there was anyone who wished to speak in favor or in opposition of these requests. ~ Page 10 P & Z Minutes September 27, 1979 . Billy Wallace, 7401 Eden Road, stated his property was across and a little to the north of this property. He stated this property joins Mr. Allison1s property that was denied in June. Then the city council has drug it through all summer without making a decision. He said it is scheduled to be heard Oct 8th. Mr. Wallace stated he would not be against Mr. Cook building an 1800 sq. ft. home, but if the city lets him build a 1500 sq. ft. home and then Mr. Allison is allowed to build small ones also, this would ruin our neighborhood. Mr. Charles Baker stated he lives directly south of this property. He said he questions this perk test Mr. Cook states he has. Mr. Baker stated he has had trouble with his spetic tank ever since he has lived there. . Jack Cook, owner of the property, stated he plans to build a 1600 or 1700 sq. ft. home, but could not get any plans until the zoning was passed. He stated he knows about septic tanks because he has one. Mr. Cook stated in regard to the houses in the area, the one on the north is a frame house, and the one on the south has an old barn that looks terrible. Mr. Anderson stated that there had been a check made on the houses in that area and found that the houses range from 1400 to 1600 sq. ft. according to our tax records. Mr. Anderson stated Mr. Cook had come in with the proper steps, the zoning and platting and then the building. He said some in this area bought 2 acres, built a house, then deeded back part of the acreage so they wouldn1t be required to plat and one didn't even come in for a building permit. Mr. Eckhardt moved, seconded by Mr. Knowles, to approve PZ 79-38 with the stipulation that the minimum floor space be 1600 sq. ft. Motion carried 3-0. Mr. Eckhardt moved, seconded by Mr. Knowles, to approve PS 79-7Q subject to the Engineer1s comments. Motion .carried 3-0. Mr. Eckhardt moved, seconded by Mr. Knowles, to approve PS 79-71 subject to the Engineer's comments. Motion carried 3-0. . ~ Page 11 P & Z Minutes September 27, 1979 . PZ 79-39 APPROVED Request of Aubrey Brothers to rezone Tracts 4 & 4A, Abstract 1210, from its present classification of Agriculture to a proposed classification of IF~9-0ne Family Dwelling with a minumum of 1500 sq. ft. floor space. This property is located on the south side of Shady Grove Road next to Richland Hills Riding Club. Dick Perkins, Consulting Engineer with Teague Nall and Perkins, represented Mr. Brothers in his request. Mr. Perkins stated they would like the 1F-9 with a minimum of 1500 sq. ft. homes. He stated this property is west of Davis and south of Shady Grove Road. Mr. Anderson stated the staff feels this zoning would be good for this area. He said the lots are well within the IF-9 zoning size and several lots are large enough for IF-12 zoning. . The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Boyd Wilshire, with Richland Hills Riding Club, stated they were given egress and ingress to their property and also water. He stated they were for this request, but they need to be granted ingress, egress, & water. Mr. Aubrey Brothers, owner of the property in question, stated they would be given the water and ingress and egress they need. Mr. Knowles moved, seconded by Mr. Eckhardt, to approve PZ 79-39 as requested. Motion carried 3~0. PS 79-72 APPROVED Request of North Central Corp. for preliminary plat of Shady Grove Estates Addition, 1st Filing. . Mr. Perkins represented North Central Corp. in their request for the preliminary plat of the property just discussed. He stated he had received the Engineer's letter and was in agreement with all the comments except #3 and #6. He said #6 regarding whether the city would want the sewer line to include a portion of the city of Keller. ~ Page 12 P & Z Minutes September 27, 1979 . Mr. Anderson stated the City of North Richland Hills will probably pay for the oversized sewer. The city will insist on an easement across the adjoining property. Mr. Perkins stated that #3 regarding the pro rata for street improvement, his client wants to develop this property with the larger lots and is faced with the high development cost, interest rate, and escrow costs, and is unable to pay the pro rata now. He stated the lot size averages 11,000 to 11,300 sq. ft. and they feel this subdivision will set the pace for future development in this area. Mr. Anderson stated he recommends the approval of the plat with the request to negotiate the pro rata with the council for street and drainage. . Mr. Eckhardt moved, seconded by Mr. Knowles, to approve PS 79-72 subject to the Engineer's comments, and providing the access easement and water the the riding club and also re- quest that the City Council negotiate on the pro rata. Motion carried 3~0. CONSIDERATION OF TRANSITIONAL ZONING ADJOURNMENT This was postponed until the October meeting. The meeting adjourned at 9:45 P.M. /n¡~·CJ ~.~. CHAIRMAN, PLANNING AND ZONING COMMISSION ~)~12.~ S Rt"T , ANNING Ä D ZO ING COMMISSION .