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HomeMy WebLinkAboutPZ 1979-11-29 Minutes . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF OCTOBER 25, 1979 NEW BUSINESS PS 79-79 . PS 79-80 APPROVED . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, NOVEMBER 29, 1979 The Chairman, Mary Jo Shaunty, called the meeting to order at 7:34 P.M. PRESENT: CHA I R~1AN ~1E~~BERS Mary Jo Shaunty ~·1arjori e Nash Jack Knowles ABSENT: Warren Eckhardt CITY STAFF PRESENT: DIRECTOR OF P.W. James Anderson P & Z CLERK Wanda Calvert Mrs. Nash moved, seconded by Mr. Knowles, to approve the minutes as read. Motion carried 3-0. This case was moved to the end of the agenda since there was no one present to present the request. Request of Foster Village Joint Venture for final plat of Foster Village, Section 13. Mr. Jim Harris and 0.0. Long represented Foster Financial & Foster Village Joint Venture in their request. Mr. Harris stated they had received the Engineer1s comments and would like to go over them. He stated that #1 - the water line has already been installed and they agree to pay the pro rata, but the line was not put in according to the plan, but will be corrected. Mr. Long stated that #3 was just a difference of how one interprets the Zoning Ordinance. There was a discussion between Mr. Harris, Mr. Long, Mr. Anderson, and the Commission regard- ing how they measured lots 43 & 71 of Block 10. Mr. Anderson stated he understood how they arrived at their figure and was agreeable. Page 2 P & Z Minutes November 29, 1979 . Mr. Harris stated that #4 was also about the water and the storm drainage. Mr. Long stated they had to come in and raise the grade and this has taken care of the problem. He stated they raised the grade on Watauga1s side which made the maximum grade of approximately 2 ft. for approximately 700 to 800 ft. Mr. Anderson stated that was fine. Mr. Long stated regarding #5 - Mr. Bronstad, Director of Utilities, had agreed to this for other additions and felt sure he: would on this one. Mr. Anderson stated he had talked with Mr. Bronstad and he would not go along with it. Mr. Long stated then they would comply with the request. Mr. Harris stated they agreed to comply with numbers 6 & 7. . Mr. Anderson asked Mr. Harris if they were still wanting to go ahead with the widen- ing of Rufe Snow first. Mr. Harris stated they were, but had not heard if they could. Mr. Anderson stated this was approved at the last City Council meeting. 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 79-80 subject to the Engineer1s comments and to waive #3 of the Engineer1s letter. Motion carried 3-0. PZ 79-43 APPROVED Request of Tarrant Real Estate Dev. Corp. to rezone a portion of Tracts 2 & 4A, Abstract 1520 (Meadow Lakes, 2nd Filing) from its present classification of Local Retail, Multiple Family, and 1F-12 to a proposed classification of Planned Development. This property is located south of Meadow Lakes Drive and north of Riviera Drive. . . . . Page 3 P & Z Minutes November 29, 1979 *requires 2000 sq. ft. minimum. Mr. Jerry Stevens with Tarrant Real Estate Development Company stated they would have single family residences with some lagoons. He said if they just went single family there would be problems. Mr. Stevens stated they met with the City Council and the City Council requested they come in for Planned Development because right now, if any of the lots were sold, someone could come in and build apartments next to the single family residences. Mr. Anderson stated this was true and that the Planning and Zoning Commission had already approved this preliminary plat in the present zoning, but the City Council suggested the Planned Development to insure that there would be no apartments built in this area. Mr. Anderson stated that #2 of the Engineer1s comments did not pertain to this Planned Development. He stated this was only to insure that there would be no apartments built in this area. Mr. Anderson stated they would require item #4, but the other comments were minor and could be worked out. He stated that since this was not 1F-12 zoning, he felt there should be a require- ment of minimum floor space. He asked Mr. Stevens what the Deed restriction required. * Mr. Stevens stated the Deed restriction requires 200 sq. ft. minimum. Mr. Anderson stated that since we do not enforce Deed restrictions, we should put a minimum of 2000 sq. ft. on this plat. Mr. Stevens stated he would agree to that. The Chairman asked if there was anyone who wished to speak in favor of or in opposition to this request. Richard Gallagher stated he lives in Meadow Lakes Addition, 1st Phase. He stated there are several lakes that will be feeding the lagoons. He stated he was not speaking against this request, but he represents some concerned homeowners. He stated there were Page 4 P & Z Minutes November 29, 1979 . several problems that they feel needs correcting before more homes are built in this area. Mr. Gallagher stated that Mr. Stevens had promised them much, but had not completed anything. He stated that all summer they had a small lake in a large area and he killed 4 snakes and his wife killed 2, and other neighbors had killed several snakes also. Mr. Gallagher stated the homeowners feel there needs to be a way to see that the commitments are done and kept. He stated they need a commitment that can be enforced. The Chairman asked Mr. Anderson if he had anything to say regarding this. Mr. Anderson stated he felt that Mr. Stevens would be the one to speak on this. . Lynn Kadlic with Spain-Ayers & Assoc. Engineers stated the reason for the slow down on the work was they had to lower the lakes so the bulk heads could be put in. He said he knows the work has been slow, but he now has the plans for the channel and dam and will bring them in next week. Mr. Kadlic stated that as for the bulk heads not being completed, they can not be completed until the spill-way is completed. He stated they want everything they do to be safe for the community, but they do not feel the developer should be restricted. Mr. Anderson stated that we do have a problem in that the 2 lakes are not technically a part of this project. They are not the pro- perty of the city either. Mr. Kadlick stated they would in time be the property of the homeowners of Meadow Lakes. Mr. Anderson stated he did not think it would be feasable to put restrictions on the developer because we do not issue any build- ing permits until all utilities are in and all streets completed. Mr. Stevens stated he got the feeling that Mr. Gallagher said that we have been making promises that we have not kept. He stated the work is being done to benefit the future . Page 5 P & Z Minutes November 29, 1979 . buyers and the people who already live there. He explained how they were try- ing to accomplish the work properly. The Chairman asked if there was anyone else who wished to speak. Mrs. Nash moved, seconded by Mr. Knowles, to APPROVE PZ 79-43 subject to the Engineer1s comments and at the discretion of the Director of Public Works and that a 2000 sq. ft. minimum floor space be added to the plat. Motion carried 3-0. PZ 79-44 DENIED Request of Roy L. Kelley, Jr. to rezone a portion of Block 19, Clearview Addition, from its present classification of Commercial to a proposed classification of Commercial- Specific Use-Sale of Used Autos. This property is located at the southeast corner of Davis Blvd. and Harwood Road. . Mr. Roy Kelley represented his son who is the manager of the stereo shop at this address. He stated that since filing for this request, they have decided to handle new Honda cars and a minimum of 2 year old cars. He showed the Commission pictures of the business and a drawing of the proposed site. Mrs. Shaunty asked if he plans to remodel the existing building. Mr. Kelley stated wll he plans to do is to fix the parking area after the gas tanks are taken up, and he plans to put up a stockade fence in back, plus a 2 rail fence around the front and sides. Mr. Anderson asked if he plans to service autos there. He stated the problem previously with turning a gas station into a car lot was an eye sore. He stated the council is very much against this. Mr. Anderson stated he did not feel this would be adequate space to handle a new car dealership. He said it would be like Helfman Motors, which certainly doesn1t have enough room. He said we do not want anymore like that. . Page 6 P & Z Minutes November 29, 1979 . Mr. Kelley stated they would have a maximum of 10 cars at a time since he would be kind of a IIsub-dealerll for Honda, and they would be no older than 2 years. Mrs. Calvert told the Chairman that there were 2 letters received from property owners who were within 200 ft. of the property in question who were unable to attend the meeting but wanted to voice their opposition to this request. Mr. Anderson asked Mr. Kelley if he was going to be a factory authorized dealer. Mr. Kelley stated he would be connected with one. Mr. Anderson stated that according to the Zoning Ordinance, if Mr. Kelley can prove he is an authorized dealer, the present zoning is sufficient, he does not need the Specific Use zoning. . Mr. Kelley stated he would still like to go before the City Council for their approval of the lIused cars II. He stated he has a 5 year lease from Jack Roseberry, owner of the property. Mr. Knowles asked Mr. Anderson if there were any restrictions as to how many cars he can put on the lot in regards to blocking the view. Mr. Kelley stated he would not put too many there because of this stereo shop. He will keep the stereo shop in conjunction with the auto sales. 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 DENY PZ 79-44. Motion carried 3-0 for denial. . The Chairman told Mr. Kelley he could go to the City Council and request an appeal, but if he could prove he is an authorized dealer, he would not need to. Page 7 P & Z Minutes November 29, 1979 . PS 79-79 APPROVED Request of Laural Development Company for replat of Lots 2 & 3, Block 1, North Edgley Addition. Mr. Ayub Sandhu with Goodson Engineers represented Laural Dev. Co. in their request. He stated the only change was in the dimension of Lot 2. Mr. Sandhu stated the building to be constructed on Lot 2 needed a few feet both ways. Mrs. Shaunty asked Mr. Sandhu if he had read the letter of November 28th which was sent to R.B. Industries regarding the error in the wording of the covenant their attorney drew up with the city. Mr. Sandhu stated he was just given a copy of it. He stated their office was the one that designed Edison Drive and the drainage of this property is taken care of on Edison Dr. . Mr. Anderson stated that Edison Drive does not drain at all. He stated they are having to pour some plums so it will drain. He said in other words, it is a blind drain. Mr. Sandhu stated they will agree to any corrections of the drainage. Mr. Anderson stated he recommends the Commission approve this subject to the rewording of the new covenant. 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 79-79 subject to the correction of the covenant with Laural Dev. Co. Motion carried 3-0. Mr. Anderson stated he would like the Commission IS interpetation of the Zoning Ordinance regarding restaurants and drive-in restaurants. He stated that with the in- creased number of fast foods such as IICaptain DlslI with a IIpick-up" window and in-house eating. Mr. Anderson stated that in the past some had interpeted the IIdrive-in servicell, . *He stated that there was an increased number of fast foods such as IICaptain Dt'sll with a "pick-upll window and in- house eating.. REQUEST FOR OPINION ON RESTAURANT ZONING * . . . Page 8 P & Z Minutes November 29, 1979 ADJOURN~1ENT cJ~JZ which must be in Commercial zoning, as being one with a IIpick-upll window. He stated he feels that a restaurant with drive-in service is like a IISonic" where you eat in your car on the premises. This would cause trash, congestion, and noise, but a restaurant with only a pick- up window would not. He stated it would cause more cars and traffic through the area. The Commission members were all in agree- ment that in their opinions, a "pick-up window" did not constitute a restaurant as being a drive-in restaurant. Mr. Anderson stated he would like to recommend a change in the Zoning Ordinance to be more clear cut as to where it would be in Local Retail or Commercial zoning. Mr. Knowles moved, seconded by Mrs. Nash, to recommend to the council that an amend- ment be made in the Zoning Ordinance to more thoroughly define a IIdrive-in" restaurant such as a "pick-up windowlldoes not constitute a IIdrive-inll restaurant. Motion carried 3-0. The meeting adjourned at 9:10 P.M. /hrAdO <} ~o~ CHAIRMAN, PLANNING AND ZONING MMISSION SECRETARY, PLANNING AND ZONING COMMISSION