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HomeMy WebLinkAboutPZ 1978-08-24 Minutes . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF JUNE 22, 1978 CONSIDERATION OF THE MINUTES OF JULY 27, 1978 . NEW BUSINESS PZ 78-30 APPROVED PZ 78-31 APPROVED . """'IIIIIIII MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUGUST 24, 1978 The regular meeting of the Planning and Zoning Commission was called to order by the Chairman, Mary Jo Shaunty, at 7:32 P.M. PRESENT: CHAIRMAN SECRETARY MEMBERS Mary Jo Shaunty Forrest Grubb Warren Eckhardt Arthur Murnan ABSENT: CITY STAFF PRESENT: DIRECTOR OF P.W. CLERK Claude Morrison Ray H. Britton Wanda Calvert The Chairman postponed the approval of these minutes due to the absence of Mr. Morrison. Mr. Murnan moved, seconded by Mr. Eckhardt, to approve the minutes as read. Motion carried 3-0 with Mr. Grubb abstaining since he was not present at the July meeting. Request of J.M~ Crump, Texas Commerce Bank of 'Hurst, to rezone Lot 5, Block 23, Clear- view Addition, from the present classification of Neighborheed Retail-Specific Use to a proposed classification of 1F-9-0ne Family Dwelling. This property is located at 7916 Maplewood Dr. Mr. John McNary represented J~M. Crump and Texas Commerce Bank of Hurst in their request. He stated they just want the zoning changed back to 1F-9-0ne Family Dwelling. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Mr. Grubb moved, seconded by Mr. Eckhardt, to approve PZ 78-30. Motion carried 4-0. Request of Stanley Rubin, Richland Plaza Limited Partnership, to rezone two buildings located in the Richland Plaza Shopping Center """'IIIIIIII Page 2 P & Z Minutes August 24, 1978 . from the present classification of Commercial to a proposed classification of Industrial. This property is a portion of the West side of Richland Plaza, East of Richland Plaza Dr. . Mr. Tim Truman, Attorney, represented Rich- land Plaza Limited Partnership in their request. He stated that Richland Plaza Limited Partnership is managed by the Henry S. Miller Co. Commercial Realtors. He said this rezoning would only involve 126,000 sq. ft. of the shopping center, the footage being the part under these two buildings. This rezoning would not affect the parking lot nor the unimproved property. He said this portion was previously occupied by Motorola for a training program which ended up being an assembly of C.B. IS and other small electronics. Mr. Truman stated when Motorola came in here, they zoned the property for their specific use, and they vacated it the end of Mayor the first of June of this year. Mr. Truman stated to his knowledge, there were no complaints during the time Motorola occupied the property. He stated Tandy Corporation has leased this property for 5 years with an option for 5 additional years. He said they now occupy 100,000 sq. ft. doing virtually the same type work as Motorola did on 114,000 sq. ft. He said in time Tandy plans to occupy an addi~ tional 26,000 sq. ft., and that is the reason they are requesting the 126,000 sq. ft, re~ zoned. Mr. Truman stated Tandy~s payroll at this location runs in the neighborhood of four million dollars annually, He stated Tandy occupies approximately 1/3 of the entire shopping center~ He stated the City Manager called the manager of Richland Plaza and ~old him that since Motorola had moved out into their new location~ the property was not zoned to accomodate Tandy I,S type of bus iness. He said after discussing this problem with the City Staff, they came up with the request for rezoning the 126,000 sq. ft. Mr. Truman stated there was a trend toward saving these old shopping centers by using them for this type of businesses or office space. He said this area is ideal for this business in that there is no highway exposure. He stated that with Tandy as a tenant, the manager stated he only has a $3000 negative cash loss and when they occupy the other 26,000 sq. ft. he will just about break even, so Tandy is a very important tenant. . """'IIIIIIII Page 3 P & Z Minutes August 24, 1978 . Mr. Grubb asked Mr. Truman what they are manufacturing. Mr. Truman stated he could not say what they are manufacturing at present, but they manufacture whatever is in demand. Mr. Britton stated they are manufacturing home computers. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Mr. Grubb moved, seconded by Mr. Murnan, to approve PZ 78-31 as requested. Motion carried 4-0. PS 78-68 APPROVED Request of Pioneer Oil Co. for replat of Lot A2, Parchman Addition. . Mr. Frank Gardner represented Pioneer Oil in their request. He stated he was the one who plans to install the canopy on the existing building on this property. The Chairman asked if there was anyone who wished to speak for or against this request. PS 78-69 APPROVED Mr. Murnan moved, seconded by Mr. Eckhardt, to approve PS 78-68. Motion carried 4-0. Request of Smithfield Church of Christ for replat of Lots 1~6, Smithfield Estates Add. Mr. Harry Daggett represented Smithfield Church of Christ in their Request. He stated the present building was built in 1960 on a number of lots. He stated they are wanting to enlarge the building and was told they had to replat the property into one lot. Mr. Grubb asked Mrs. Calvert if all utility companies were contacted. Mrs. Calvert stated they were and they had no objections. The Chairman asked if there was anyone who wished to speak for or against this request. . Mr. Grubb moved, seconded by Mr. Murnan, to approve PS 78-69. Motion carried 4-0. """'IIIIIIII Page 4 P & Z Minutes August 24, 1978 . PS 78-70 APPROVED Request of Wm. F. Farha for final plat of Lot 1, Block 1, North Edgley Add. 2nd Filing. Mr. Leon Levitt, Engineer, represented Mr. Farha in his request. Mr. Britton stated that the developer has already paid the pro rata and that he assured us that the permit requested from the highway department will be in our hands prior to going to the City Council meeting. The Chairman asked if there was anyone who wished to speak for or against this request. PS 78-71 APPROVED PS 78-72 APPROVED Mr. Grubb moved, seconded by Mr. Eckhardt, to approve PS 78-70. Motion carried 4-0. Request of Robert P. Stewart for preliminary plat of Lots 1 & 2, Block 50, Nor East Add. . Request of Robert P. Stewart for final plat of Lots 1 & 2, Block 50, Nor East Addition. . Mr. John Nall, Engineer with Teague and Nall, represented Robert P. Stewart in his requests. He stated he would like to comment on some of the items in the Engineer's letter. He said #1 & 5 were just an oversight on their part and they had 'been resol ved wi th Mr. Perki ns, Ctty Engineer4Þ Mr~ Grubb asked if Mr. Nall had a letter from Mr. Perkins stating this~ Mr. Nall stated he did not. He said his partner, Gary Teague, and Mr~ Perkins talked by telephone. Mrs. Shaunty asked Mr. Britton if he thought we would be able to get a letter from Mr. Perkins prior to going to the City Council. Mr~ Britton stated he felt sure we would receive one.. . Mr. Nall stated that on #2 & 3, they would like to make an appeal on two fronts~ He said they plan to remodel on Lot 2. At the last City Council meeting pertaining to the Harrington property arid Pioneer Oil property, ~ Page 5 P & Z Minutes August 24, 1978 e the City Council waived their requirements because at the time water and sewer was made, all requirements were met. Therefore, since we already have water and sewer, and we are only remodeling, we feel this should be waived. He stated they do not plan to develop Lot 1 now and would request that payment of pro rata on it be postponed till at such time a building permit is requested. Mr. Grubb asked Mr. Nall if he agreed with item #4. Mr. Nall stated he would request the same for item #4 as requested for items #2 & 3. He said there was 500 ft. from the nearest fire hydrant. . Mr. Grubb stated he could not recommend this. He said that if anything is changed, whether it is remodeling or just putting in a sink, you have to bring it up to city standards. Mrs. Shaunty asked Mr. Nall if she was correct in that they are remodeling Lot 2, and you do not, at this time, have a tenant for Lot 1. Mr. Nall stated that was correct. Mr. Nall stated that item #6-his client objects to. He said that signing a covenant rather than assessment is unfair in that it puts an unfair cloud over the property, and could hamper it~s sale. Mrs. Shaunty asked Mr. Nall if his client is stating he doesn't wish to pay the pro rata nor sign a covenant. e Mr. Nall stated his client has not made that decision yet, but wanted it to be a matter of record that he objects to item #6. Mr~ Britton stated that a problem arises when you plat a portion of land and make the decision to wait until the property is dev- eloped, say 5 years, this makes for an admin- istrative problem. The City has to deal with this sort of problem. Therefore, this is the reason for having a covenant signed. He stated that a number of property owners on Davis Blvd. have been in the last 18 months, Page 6 P & Z Minutes August 24, 1978 . . . PS 78-73 APPROVED ~ such as Hudiburg Chevy, Roseberry R.E., Pioneer Oil, Harringtons, Blair Plumbing, and several more, as far out as Shady Grove Road, have had this same requirement and none have refused to sign the covenant. Mr. Britton stated this is not a requirement that was made overnight. It has been a requirement for several years. Mr. Grubb stated that when you have assess- ments, you have to go to the court house, but with a covenant, you do not have to. Mr. C.E. Stewart stated they bought this property in June, 1975, and the building was built in 1969. He said they had no knowledge that the city let them build this building without having these requirements met at that time. He said they have talked with Mr. Britton several times about this. Mr. Stewart stated this problem only came to their attention on July 10, 1978 when their new tenant came in for a building permit to remodel the existing building to make a Mexican restaurant out of it. He said the building is 9 years old and needs remodeling. He said he felt this should be between the owner and the City. He said he feels the tenant should be allowed to go ahead with the remodeling since he has quit his job to start this one and with the delay, he has been out of work for 2 months. Mr.. Grubb stated they understand the incon- vience, and know the City will work with them. The Chairman asked if there was anyone who wished to speak for or against this request. Mr. Grubb moved, seconded by Mr. Murnan, to approve PS 78-71 subject to the Engineer·s letter. Motion carried 4-0. Mr. Grubb moved, seconded by Mr. Eckhardt, to approve PS 78-72 subject to the Engineerls letter and a letter stating the agreement be- tween Mr. Perkins and Teague & Nall regarding items #1 & 5 of the Engineerts letter of August 14, 1978. Motion carried 4-0. Request of Muffin Shops, Inc. for preliminary plat of Lot 2, Block A, Richland Terrace Add. ~ Page 7 P & Z Minutes August 24, 1978 . PS 78-74· APPROVED Request of Muffin Shops, Inc. for final plat of Lot 2, Block A, Richland Terrace Addition. Mr. O.D. Long represented the Muffin Shops in their requests. He stated that regard- ing the Engineerls letter, #l-he would like to do some more investigation. He stated he was not sure if the existing IIMuffin Shop" was in the Flood Plane or not, but the owner told him he has owned the property for sev- eral years and has never been flooded. But Mr. Long stated he could not guarantee it would not flood. He stated his client wants to extend his floor space and could not have it higher than the old flooring. Mr. Long stated if it canlt be built on the same level so it would be usable, he will not be able to modernize his facility. Mr. Long stated the Muffin Shop has been there approximately 8 years and has out-grown the present building. He said they want to enclose all their facility instead of having some of it on the outside. . Mr. John Farris stated 5 or 6 years ago they had large spring rains, before Kircher did all that work on his property, and had no problem with flooding~ Mr. Long stated that at the last Council meeting, the Mayor stated when there are no additional plumbing facilities to be installed, this should be waived. Mr. Long stated this 12" water line was put there after this pro- perty was developed. He stated his client does not feel he should have to pay this pro rata since the facility he is using now is adequate. Mr. Grubb asked Mr. Long about item #4 re- garding adequate fire protectton. Mr. Long stated that on most commercial, he trys to have it on 300 ftl' and 500 ft. for residential. He stated this would meet the 500 ft. coverage. Mr. Britton stated the 300 ft. for commercial & 500 ft. for residential has been the Cityls requirements for years. . Mr. Long stated his client only wants to remodel the existing building wtth the ~ Page 8 p & Z Minutes August 24, 1978 . least expense as possible. Mr. Farris stated he and his partner would agree to putting in the fire hydrant. The Chairman asked if there was anyone who wished to speak for or against these re- quests. Mr. Grubb moved, seconded by Mr. Murnan, to approve PS 78-73 subject to the Engineerls letter. Motion carried 4-0. Mr. Grubb moved, seconded by Mr. Eckhardt, to approve PS 78-74 subject to the Engineer1s letter. Motion carried 4-0. ADJOURNMENT The meeting adjourned at 8:40 P.M. . S .