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HomeMy WebLinkAboutPZ 1978-12-28 Minutes . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, DECEMBER 28, 1978 CALL TO ORDER The regular meeting of the Planning and Zoning Commission of the City of North Richland Hills was called to order by the Chairman, Mary Jo Shaunty, at 7:35 P.M. ROLL CALL PRESENT: CHAIRMAN SECRETARY MEMBERS Mary Jo Shaunty Forrest Grubb Claude Morrison Warren Eckhardt CITY STAFF PRESENT DIRECTOR OF P.W. P & Z CLERK Ray H. Britton Wanda Calvert CONSIDERATION OF THE MINUTES OF NOVEMBER 30, 1978 Mr. Grubb moved, seconded by Mr. Eckhardt, to approve the minutes as read. Motion carried 3-0 with Mr. Morrison abstaining because he was absent at this meeting. . NEW BUSINESS PZ 78-39 DENIED Request of Donald Kerr & Associates to rezone Tract 2, Abstract 19, & Tract IB, Abstract 892, from its present classi- fication of Industrial to a proposed classification of IF-8 with a stipulation that the minimum living area shall be 1300 sq. ft. per dwelling unit and the average living area for the entire development to be 1400 sq. ft. This property runÅ¡ alOng the north side of the railroad track from Precept to NE Loop 820. Mr. Donald Kerr presented his request to the Commission. He stated he has owned this property for several years. He said he has been before P & Z before and was turned down. He stated he hoped that with this stipulation of 1300 sq. ft. per dwell- ing and the average living area for the entire development to be 1400 sq. ft., the Commission would see fit to grant this re- quest. . Mr. Gene Worrell, Engineer, discussed the fiscal problems of this property. He stated this property does not have the slope it should have for Industrial purposes. He stated they did a slope analysis on this Page 2 P & Z Minutes December 28, 1978 . property. He showed a copy of a plat of the property with arrows showing how the water would run. He stated that on the flood hazard map, it showed 37 or 38 acres of this property in the flood area. Mr. Grubb asked Mr. Worrell if he was familiar with Brook Holland in Dallas and Newell & Newell in Ft. Worth. Mr. Worrell stated he was familiar with Brook Hollow. Mr. Grubb stated they were able to fill in the land and make it useable. Mr. Kerr-stated they do not feel this land is feasible for Industrial use. Mr. Grubb stated he could not agree with him. . Mr. Kerr stated this is not gravel pits, it is a creek flow and they would not be able to smooth this land out. He said he has talked with two Industrial companies and they feel this land is not right for Industrial use. Mr. Grubb stated you can not build houses in a flood plain. Mr. Kerr stated they could develope it where only the back yard would be in the flood area, which is permissible. Mr. Kerr stated their Engineer and Developer have both agreed this property is not feasible for Industrial use. He said they had to work with Precept for a year and a half. The Chairman asked if there was anyone who wished to speak in favor of this request. . Mr. Clayton Sanders, employed for Centennial Homes, stated they own the property next to this property. He stated they do not feel this property is good for Industrial purposes. He stated they have a selfish interest in this. He said they need help from them with the extension of Browning Blvd. and the build- ing of a railroad crossing. He said they do believe that with their cooperation, they can develop this area satisfactorily. Page 3 P & Z Minutes December 28, 1978 . Mr. Kerr stated they are on the border line of Haltom City where they have very small houses with approximately 800 sq. ft. floor space. He stated they are trying to co- operate with the City of North Richland Hills in upgrading their City. He stated they talked with one developer and he felt 1500 sq. ft. homes would be too much. He stated they would have some large homes built around the creek, but we are aski~g'for a minimum of 1300 sq. ft. floor space. The Chairman asked if there was anyone who wished to speak in opposition of this re- quest. Mr. Grubb moved, seconded by Mr. Morrison, to DENY PZ 78-39. Motion carried 4-0. PZ 78-40 APPROVED Request of W.E. French to rezone Tract 4BB, Abstract- 1630, from its present classi- fication of Multi-Family to a proposed classification of Commercial. This property is located at 3928 Flory St. . Mr. Bill French presented his request to the Commission. He stated he had lived in NRH for 20 years until approximately 2 years ago when he moved to Chico, Texas. He stated that when this zoning request was brought up last month, it was requested by' Walker Construction Company since they were on contract to buy this property. He stated that when he found out they did not show up for the meeting, he decided to file for the rezoning, himself. Mr. French stated he does not know if the contract is still on with Walker, but said he has had several construction firms inquiring about the property for storage purposes, etc. Mr. French stated this property is right in the middle of Multi-Family and Commercial zoning. He stated that at one time the property was zonèd Commercial, but in the Master Plan, it was zoned Multi-Family without his knowledge. Mr. French stated he feels this is the answer to the usage of this property. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. . . . . Page 4 P & Z Minutes December 28, 1978 Mr. Edwin R. Taft, owner of the property joining the property in question, stated the property was zoned Commercial un- lawfully. He stated he had filed suit against the City twice. He stated the City had the property revalued. Mr. Taft stated there is no sewer on this property and it would not be good for Commercial. He stated he has to complain to the City from time to time because Mr. French does not take care of his property. Mr. Britton asked Mr. French if he realized, should this be rezoned Commercial, the building on the property could not be used as a residence, and that the building does not conform to Commercial building code. Mr. French stated he knows that. Mr. Grubb stated Mr. French would also be required to put up a 6 foot sight barring fence. Mr. French stated he understands this also. Mr. Britton stated the land use zoning re- quires the sight barring fence-not just if it is used as Commercial, but because itts zoned Commercial. Mr. Eckhardt moved, seconded by Mr. Morrison, to APPROVE PZ 78-40 as requested. Motion carried 4-0. PZ 78-41 DENIED Request of Fenimore, Duke, & Bailey to rezone Tract 2, Abstract 1588, from its present classification of IF-12 to a proposed classification of IF-8. This property is located North of Victoria Ave., between Rufe Snow Dr. and Lariat Tr. Mr. Marion Massey represented Fenimore, Duke, & Bailey in their request. He stated they are asking for IF-8 rezoning, but would have a Deed Restriction requiring the houses to have at least 1600 sq. ft. of floor space. He stated these houses would cost from $60,000 to $70,000. He said Mr. Long, Engineer, was here to speak regarding the plat. Mr. Massey stated they feel this zoning is the best usage for this property. Page 5 P & Z Minutes December 28, 1978 . The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Mr. J. L. McCracken, President of Meadow Lakes Home Owners Association, stated he had several questions to ask. He stated the minimum floor space requirement in Meadow Lakes is 2000 sq. ft. He stated the homeowners want to keep their property value up, therefore, they do not need these small houses and lots next to them. He also asked if Mr. Fenimore plans to have underground utilities as in Meadow Lakes. Mr. Bill Fenimore stated he is in the pro- cess of building himself a home in Meadow Lakes and he knows they requirements. He stated he plans to have overhead utilities. He said all the areas around Meadow Lakes have overhead utilities. Mr. McCracken asked what about storm sewers. . Mr. Fenimore stated the storm sewers are designed for this area. He stated it will be to the Northwest of this area. He stated the pipe has been installed to accomodate it. Mr. Del Pruitt, 6633 Victoria, stated he was against this request. He stated he did not know of any house in this area smaller than 1800 sq. ft. He stated that he felt that if Mr. Fenimore wants to build in this area, then he should go with the present zoning. Mr. Fenimore stated that he was going to build 1600 sq. ft. houses, and at $40 per sq. ft., this will be pretty expensive homes. He stated that he was going to put a better roof on these homes-a 27 year roof. Mr. Pruitt stated that on the property across the street, there were only 4 lots that did not meet the IF-'12 zoning and Mr. Britt also had the stipulation of 1800 sq. ft. floor space requirement. . Mr. Paul Schmidt, 4716 Lariat, stated his house was the second house from the corner. He stated he has 3 children to think about. He stated if this plat and zoning is approved, Page 6 P & Z Minutes December 28, 1978 . there will be 98 new homes build and a total of 6 streets opening onto Rufe Snow. He said he was most interested in the safety for his children riding their bikes and playing in the neighborhood. He asked Mr. Long about the storm drainage. Mr. Long showed him the storm drainage on the plat. Mr. David Pearson, 4624 Lariat, stated he moved from an area of 1600 sq. ft. homes. He said he bought here with the idea of larger homes. He stated if they let Mr. Fenimore build these smaller homes, he would have been just as well of to have stayed where he previously lived. Mr. McCracken asked if the City was going to have enough water for all these homes. Mr. Britton stated the City is doing all it can. He stated that last summer, it was not a shortage problem, it was a distri- bution problem, and that has been corrected. . Jane Barnard, 4628 Lariat, stated she works hard to provide this type of living for her children, and she is against this rezoning. Mr. Phillip Dove, 6637 Lariat, stated he moved here last March. He stated he moved to this area because of the neighborhood where he had lived. He stated he was against this rezoning. Mr. Fenimore stated that he has been a builder for 9 years and he challenged anyone to look from the street and tell how many sq. ft. there is in a house. He stated he can not tell, himself. Mr. Dove stated he bought with the IF-12 zoning in mind. . Mr. Rick Johnson, 6613 Victoria, stated he went from door to door asking each neighbor to come to this meeting and speak against this request. He stated that Victoria is already heavily traveled. He stated he had asked Mr. Britton for a 4-way stop sign at Victoria and Rufe Snow, but was told the traffic does not merit it yet. He stated he . . . Page 7 P & Z Minutes December 28, 1978 was concerned about the safety of children riding bikes and playing in this area. Mr. Jess Elliott, 6617 Victoria, stated that he knows houses are going up, but it does not change the economics. He stated he agrees with what Mr. Pearson said. Mr. Britton was asked how many building permits have been issued in this area in the last 2 years. Mr. Britton stated there had been approxi- mately 125. Mr. Fenimore stated this land is there to be developed. He stated that a 2100 sq. ft. home that had cost $59,000 now costs $85,000. Mr. David Walker, 4712 Lariat, stated he had just left a neighborhood that had 1600 sq. ft. homes. He stated they had scraped to be able to afford this nice home~ and they do not want smaller homes built around their1s. Mr. Eckhardt asked the audi nce if the dessension was~on the size of the lots or on the size of the houses. The audience stated IIBoth.1I Mr. Grubb moved, seconded by Mr. Eckhardt, to DENY PZ 78-41. Motion carried 4-0. PS 78-101 WITHHELD Request of Fenimore, Duke, & Bailey for preliminary plat of Parkridge Estates. Mr. O.D. Long, Engineer, requested this request for preliminary plat to be with- held since the zoning of this property was denied. PS 78-36 APPROVED PS 78-37 APPROVED Request of Lynn A. Boyd for preliminary plat Lot 3, Block 2, McMurray Addition. Request of Lynn A. Boyd for final plat of Lot 3, Block 2, McMurray Addition. Mr. Delbert Stembridge represented Mr. Boyd in his requests. Mr. Stembridge stated . . . Page 8 P & Z Minutes December 28, 1978 they take no exceptions to any of the Engineer1s comments. Mr. Britton stated that Mr. Boyd will need to get with him and sign a covenant with the City for future street improve- ments before this can go to the City Council. The Chairman asked if there was anyone who wished to speak for or against these requests. Mr. Grubb moved, seconded by Mr. Eckhardt, to APPROVE PS 78-36 subject to the Engineer1s comments. Motion carried 4-0. Mr. Grubb moved, seconded by Mr. Eckhardt, to APPROVE PS 78-37 subject to the Engineer1s comments. Motion carried 4-0. PS 78-94 APPROVED Request of B & L Resourses for preliminary plat of Lot 1, Block 2, Northpark Plaza Addition, 2nd Filing. Mr. Don Gossett represented B & L Resources in their request. Mr. Grubb asked if they feel comfortable with all the Engineer1s comments. Mr. Britton stated to disregard #4 as the subject has already paid it. Mr. Gossett stated-then they agree with the Engineer1s comments. Mr. Morrison moved, seconded by Mr. Eckhardt, to APPROVE PS 78-94 subject to the Engineer1s comments with the exception of #4. Motion carried 4-0. PS 78-95 APPROVED PS 78-96 APPROVED Request of Vance Thomas for preliminary plat of Lot 2, Block 3, Nortex Addition. Request of Vance Thomas for final plat of Lot 2, Block 3, Nortex Addition. Mr. Delbert Stembridge represented Mr. Thomas in his requests. He stated he did not believe they should have to pay this pro rata. . . . ~ Page 9 P & Z Minutes December 28, 1978 Mr. Britton stated to get with Mr. Bronstad, Director of Utilities, about this. Mr. Grubb moved, seconded by Mr. Morrison, to APPROVE PS 78-95 subject to the Engineer1s comments. Motion carried 4-0. Mr. Grubb moved, seconded by Mr. Morrison, to APPROVE PS 78-96 subject to the Engineer1s comments. Motion carried 4-0. PS 78-97 APPROVED Request of Alco Dev. Corp. for preliminary plat of Lots 4,5, & 6, Block 14, North Hills Addition. PS 78-98 APPROVED Request of Alco Dev. Corp. for final plat of Lots 4,5, & 6, Block 14, North Hills Addition. Mr. Delbert Stembridge represented Alco Dev. Corp. in their requests. He stated this is for 3 lots which face Onyx Drive South. He stated they have already been zoned and now are requesting they be platted. Mr. Stembridge stated he takes exception to one of the Engineer1s comments. Mr. Britton told Mr. Stembridge to just add a 25 ft. building line on the plat. Mr. Stembridge stated he would do this. Mr. Morrison moved, seconded by Mr. Grubb, to APPROVE PS 78-97 subject to the Engineer1s comments. Motion carried 4-0. Mr. Morrison moved, seconded by Mr. Eckhardt, to APPROVE PS 78-98 subject to the Engineer1s comments. Motion carried 4-0. PS 78-99 APPROVED Request of United Financial Mtg. for replat of Kingswood Estates. Mr. Mark Potter represented United Financial Mtg. in their request for replat. He stated they purchased this property from Don Miracle. Mr. Britton asked Mr. Potter if he had received the letters from the Utility Com- panies asking for easements. Mr. Potter stated he had, and they agree to correct the plat to show the needed easements. Page 10 P & Z Minutes December 28, 1978 . Mr. Grubb moved, seconded by Mr. Eckhardt, to APPROVE PS 78-99. Motion carried 4-0. PS 78-100 APPROVED Request of Foster Village Joint Venture for final plat of Foster Village, Sect. 14. Mr. Jim Harris with Foster Financial Corp. presented their request to the Commission. Mr. Harris stated that when they sold the school site to Birdville School District, they agreed to pay for half of the pro rata. Mr. Long stated the school will probably want to sign a covenant for the pro rata. . Mr. Britton read a letter from the City Engineer which was just received today: Ill. Since the fire hydrant on Hi~htower Dr. is marked IFuturel, and since this fire hydrant is necessary to provide adequate fire protection to the school, we would recommend that an estimated cost of $700 for the hydrant be escrowed with the re- commended escrow amount for the proposed water line on Hightower Road. Total water pro rata would then be $4,838.05. 2. This developer should be required to pay his pro rata share of the future street improvements on Hightower Dr. (total frontage is 280 ft). 3. All other items of our December 11, 1978 comment letter have been property addressed. II Mr. Morrison moved, seconded by Mr. Eckhardt, to APPROVE PS 78-100 subject to the Engineer1s letter of December 22, 1978. Motion carried 4-0. PS 78-102 APPROVED Request of Nowlin Mtg. for replat of 'Lot 23, Block 4, & Lot 1, Block 7, WindcrestAddn. Mr. Jim Harris represented Nowlin Mtg. in their request. He said this was an agree- ment between them and Doug Long. He said they each gave 12 feet. Mr. Grubb moved, seconded by Mr. Morrison, to APPROVE PS 78-102 as requested. Motion carried 4-0. . PS 78-103 APPROVED Request of Cambridge Co. Dev. Corp. for preliminary plat of Lot 2, Block 2, North- park Plaza Addition, 2nd Filing. . . . Page 11 P & Z Minutes December 28, 1978 PS 78-104 APPROVED Request of 'Cambridge Co. Dev. Corp. for final plat of Lot 2, Block 2, Northpark Plaza Addition, 2nd Filing. Mr. Neil Cuckerbaum represented Cambridge Co. Dev. Corp. in their requests. He stated they had already put in the drainage so they shouldn't have to pay this pro rata. Mr. Britton stated this was true, and requested this be disregarded. Mr. Morrison moved, seconded by Mr. Grubb, to APPROVE PS 78-103 subject to the Engineer1s comments with the exception of #4. Motion carried 4-0. Mr. Morrison moved, seconded by Mr. Grubb, to APPROVE PS 78-104 subject to the Engineer1s comments with the exception of #4. Motion carried 4-0. ADJOURNMENT The meeting adjourned at 9:20 P.M. S if¿ ßt~'" AND ZONING C ISSION