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HomeMy WebLinkAboutPZ 1977-04-28 Minutes · · · CALL TO ORDER ROLL CALL NEW BUSINESS CONSIDERATION OF THE MINUTES OF MARCH 24, 1977 PZ 77-8 APPROVED PS 77-11 APPROVED MINUTES OF THE MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICH LAND HILLS, 7301 N. E. LOOP 820, THURSDAY, APRIL 28, 1977 The regular meeting of the Planning and Zoning Commission was called to order by the Chairman, Mary Jo Shaunty at 7:30 P.M. PRESENT CHAIRMAN Mary Jo Shaunty Forrest Grubb Thad Biard ABSENT VICE CHAIRMAN SECRETARY Darrell Wood Jesse Range Due to the absence of Mr. Range, Mrs. Shaunty appointed Mr. Biard acting secretary. Mr. Biard moved, seconded by Mr. Grubb to approve the minutes as written. Motion carried 3-0. Request of Precept, Inc. to rezone Lot 1, Block 2, Industrial Park Addition from its present classifi- cation of Agriculture to a proposed classification of Industrial. This property is at St. Louis Rail- road west of Rufe Snow Drive. Mr. Walter A. Elliott, Jr., Elliott & Hughes, Inc. represented Precept, Inc. Mr. Elliott stated when Donald Kerr and Associates had this property zoned Industrial, there was a stipulation in the ordinance that stated if 1/3 of the property was not developed within three years the City had the privilege of re- verting the zoning to Agriculture. Mr. Elliott said the platting of this property had been approved in October of 1976 and all necessary monies had been escrowed with the City. Mr. Elliott said he realized this was just a formality, but that Precept wished to have all loose ends tied up before starting construct- ion of their facilities. Mr. Britton added the City had not exercised the option of reverting the land to Agriculture Zoning. Mr. Grubb moved, seconded by Mr. Biard to approve PZ 77-8. Motion carried 3-0. Request of Torpedo Finance, Inc. (Hudiburg Chevrolet) to replat Lots 7-R, 8-R, 9-R, 10 and 11, Block 3, Richland Terrace Addition. Mr. Gene Voss, an employee of Hudiburq Chevrolet represented this request. Page 2 P & Z Minutes April 28, 1977 . PS 77-11 APPROVED Mr. Voss stated Hudiburg Chevrolet wished to have this property replatted in order to expand their truck facilities to the west. Mrs. Shaunty asked if a six foot sight barring fence would be erected? Mr. Voss said it would be. Mr. Biard moved, seconded by Mr. Grubb to approve PS 77-11. Motion carried 3-0. PS 77-12 APPROVED Request of J. E. Box, Jr. to replat Lots 66 and 67, Block 2, Diamond Loch. 'Mr. J. 'E. Box, Jr., owner of the property presented this request. Mr. Box stated he wished to replat this property to build a new home. Mr. Grubb moved, seconded by Mr. Biard to approve PS 77-12. Motion carried 3-0. PS 77-13 APPROVED Request of Joe V. Henry to replat Lot 1, Block 1, Henry Addition. . Mr. Joe V. Henry, owner of the property presented this request. Mr. Henry requested this replat in order to be able to sell a portion of this property. Mr. Britton said he had discussed the engineerls letter with Mr. Henry. Mr. Henry said he would escrow the necessary monies for his pro-rata portion of the future 6" water line to be constructed in Harmonson Road and Flory Street. This cost would be $1,754.40. Mr. Henry stated he would like to sign a convenant to run with the land for the future construction of the same streets if this was agreeable with the City Council as this cost would be $3,508.80. Mr. Grubb moved, seconded by Mr. Biard to approve PS 77-13 subject to item #2 in the engineer IS letter. Motion carried 3-0. PS 77-14 APPROVED Request of B. J. Reaves for preliminary plat of North Richland Estates. This property is located between Douglas Lane and Rufe Snow Drive, directly north of Foster Village. Mr. Walter A. Elliott, Jr., Elliott & Hughes, Inc. re- presented Mr. B. J. Reaves. Mr. Elliott stated Mr. Reaves would comply with all engineer's comments on their final plat. Mr. Elliott said this subdivision would be built in 3 phases and would take approximately . . . . ~ Page 3 P & Z Minutes April 28, 1977 PS 77-14 APPROVED 4 to 5 years to complete as Mr. Reaves is currently developing in Hurst, Bedford and Euless. Mr. Elliott stated they planned to complete the final plat for Phase I in time to be placed on the May Agenda. He stated the minimum square footage for the homes would be 1500. Mr. Grubb asked if Mr. Hanson still resided on Douglas Lane? Mr. Elliott replied yes, this area would be included in their final plat, as they were aware of the fact you had to have 2 acres to retain Agriculture Zoning. Mr. Biard moved, seconded by Mr. Grubb to approve PS 77-14. Motion carried 3-0. PZ 77-7 DENIED Request of Wayne C. Cunningham to rezone Lot 9R, Block 29, Richland Terrace Addition from its present classification of IF-9 One Family Dwelling to a pro- posed classification of Local Retail. This property is located at Karen Drive and Loop 820 Access Road. Mr. Wayne Cunningham, owner of the property presented this request. Mr. Cunningham said he felt this request was in order because this property is located on 820 Access Road and is excellent Local Retail property, but is not suitable to build a house on. He stated he would build a western boot shop if this zoning is granted. He said 20 customers a day in a western boot shop would be considered a busy day. Mr. Cunningham said he lived next door to this property and could not forsee any problem. OPPOSITION: W. R. Mayfield - 7209 Karen Mr. Mayfield said he was speaking for the 22 signers of a petition that was submitted to the City April 14, 1977. Mrs. Shaunty asked if he was speaking for the 15 pro- perty owners notified by the City? Mr. Mayfield said he did not know which property owners were notified? The list of property owners was read and Mr. Mayfield said he was speaking only for the signers of the petition. He said he felt this would be spot zoning, devaluate their property, increase noise and traffic, and endanger the lives of the children in the neighbor- hood. Mr. Mayfield said traffic is already bad in this area, and local retail zoning would only compound the problem. Mr. Britton explained the City had received the peti- tion and supplied copies of it to the Planning and . Page 4 P & Z Minutes April 28, 1977 PZ 77-7 DENIED 1 Zoning Commission, but in order for it to be a legal petition it must be submitted to the City Secretary with 20% of property owners signatures within 200' of said property. The signatures are then verified by the City Secretary. S. V. Schup, Jr. - 7200 Karen Drive Mr. Schup said he was opposed to any commercial zon- ing in this area. He said he felt spot zoning turned into strip zoning. He said he was a signer of the petition and felt this would devaluate his property, plus increasing the traffic flow. He said this pro- perty could be used as residential and should not be considered for commercial use. Glenda Holt - 7309 Marilyn Lane Mrs. Holt said she lived within 200' of said property and was not notified by mail. (Letter was mailed to Ralph B. Holt on 4-14-77) . Jim McDaniels - 7205 Karen Drive Mr. McDaniels asked why only one lot was being con- sidered for rezoning? He stated he was under the impression the Cunninghams were asking for rezoning on 6 lots. Mrs. Shaunty said she was unaware of this. Mr. Britton explained Mr. Cunningham had amended his original zoning request, which was for 6 lots. Donald Chapman - 7316 Karen Drive Mr. Chapman stated this is a residential neighbor- hood and I wish it to remain that. Cecil Green - 7322 Winnell Way I bought my home 19 years ago and feel this property should remain residential since it abutts residential property. I feel this is just one step toward com- mercial zoning. There are other areas for commercial property, this should remain residential. Travis McKinley - 7213 Karen Drive I feel this property is suitable for residential housing. Helen Cline - 7208 Karen Drive Mrs. Cline stated she understood the Cunninghamls position, but it was her understanding that if the deed restriction was set aside in this case, it would no longer be valid. Neither the Board or Mr. Britton could answer Mrs. Cline's question. . Mrs. Shaunty asked all the people who were in opposi- tion to this case to please stand. There were 37 persons. . . . Page 5 P & Z Minutes April 28, 1977 PZ 77-7 DENIED Mr. Biard moved, seconded by Mr. Grubb to deny PZ 77-7. Motion carried 3-0. Mrs. Shaunty said she thought the general feeling of the people was that if one lot was rezoned, it would open the entire tract of land. Mrs. Shaunty told Mr. Cunningham he could appear before the City Council and appeal this decision if he desired. PZ 77-9 TABLED Request of Charles D. Reynolds to rezone 4.13 acres out of the E. S. Carder Survey, Abstract 308. This property is located between the Bank of North Texas and Woodcrest Addition, approximately 380 feet from Bedford-Euless Road to the Airport Freeway. Mr. Charles D. Reynolds, owner and developer of this property presented this request. Mr. Reynolds said he has developed over 500 retail properties. This tract of land we are asking for rezoning on is a long narrow tract that abutts the Bank of North Texas. The reason we are requesting this change is that this is a very desirable tract of land. We have definite plans for an outstanding cafeteria. Their hours would be 11 A.M. to 2 P.M. and 4:30 P.M. to 8:00 P.M., there would be no operation after 8:00 P.M. The shopping area would be low in structure and blend with the exterior of the Bank of North Texas. All local retail will face the Bank of North Texas. After a long study of the shopping needs of this area, I feel this shopping area would be a great asset to the community. Northeast Mall is completely full and there is a great need for additional shopping. I have secured a trademark for the name Northeast Plaza for this shopping area. Mr. Reynolds showed a beauti- fully landscaped picture of the proposed shopping area. Mr. Reynolds said there would be a 37 foot green buffer zone left between the homes and shopping area and he would leave as many trees as possible. He said a very attractive fence would be erected 6 inches with- in his property line. There was much discussion between the Board and Mr. Reynolds on the location, type of fence to be con- structed and the 37 foot buffer zone. OPPOSITION: Marion Massey - 4916 Weyland Mr. Massey said he was speaking for all the people who were notified by the City. He further stated 100% of the people notified were in attendance. Mr. Massey asked where the cafeteria would be located? 1 . Page 6 P & Z Minutes April 28, 1977 PZ 77-9 TABLED Mr. Reynolds said the cafeteria would front on the Access Road and would set approximately 2001 back from the Access Road. There was discussion between Mr. Massey and Mr. Reynolds about the 37 foot buffer zone and the amount of trees that would be left. . Mr. Massey said the facts which apply to us are the following. We bought our homes with IF-12 zoning connecting to protect our homes, yet we have constantly been bombarded with zoning change 'requests . All the homes that abutt thi s property are valued between $50,000 and $75,000. We are reasonable people, but we must protect the value of our property. I feel Mr. Reynolds is a respect- able and honorable businessman and plans to build a low key local retail area as he says, but if this is zoned local retail we will have no protection. There is always a change of an unforseen death, bankrupty, etc. or maybe he would sell the land and we would be stuck with Local Retail Zoning with no control over the zoning. We are also concerned with the south end of this tract of land. We would like the entire tract of land to be devel- oped Planned Development. This would receive a very favorable reaction from my group. We are impressed with the 37 foot green buffer zone as this will help with the noise factor. We urge this land owner to ask for Planned Development. This is very attractive on paper, but in Planned Development "what we see is what we get. II Mr. Massey asked Mr. Reynolds if he could reveal the name of the cafeteria, yes, it will be Furr's. Mr. Massey said he believed Mr. Reynolds would economically profit and make a good impression on us with Planned Development. . Mrs. Shaunty asked Mr. Reynolds if he could develop the entire tract? Mr. Reynolds stated he could, but as a developer I do not like Planned Development be- cause I can easily get backed into a corner by the property owners. Mr. Reynolds said he could under- stand why the property owners would oppose Commercial Zoning, but Local Retail is very restricted. He said Local Retail restricts how the property can be devel- oped. Mr. Grubb asked Mr. Reynolds if he would be opposed to Planned Development? Can you live with Planned Development? Mr. Reynolds replied I will go Planned Development, if necessary, as I have in 56 cases in the past; however, I feel Local Retail would be better. I would leave all trees possible, no building would exceed 181 in height, no wood, only masonary . . . Page 7 P & ZMinutes April 28, 1977 PZ 77-9 TABLED buildings, and there would be no lights facing the residences. Mr. Grubb said the City is always favorable to new business, but we must also consider the wishes of the citizens concerned. Mrs. Shaunty asked Mr. Massey if his group would be willing and open minded enough to meet with Mr. Reynolds to discuss the Planned Development. Mr. Massey replied they would. Mr. Reynolds said he would like to discuss the Planned Development with the property owners prior to appearing before the Planning and Zoning Commission again. Mrs. Shaunty asked Mr. Britton if the City could arrange a room for the group to meet in. Mr. Britton replied he could. Mrs. Shaunty asked Mr. Reynolds how long it would take to prepare a Master Plan for Planned Develop- ment, he replied it would take a minimum of 90 days to do a proper Planned Development and he would in- clude the entire tract of land. After discussion between the Board, Mr. Massey and Mr. Reynolds about changing the request from Local Retail to Planned Development, Mr. Grubb moved, seconded by Mr. Biard to table PZ 77-9. Motion carried 3-0. APPOINTMENT TO MAY 9 and 23 COUNCIL MEETINGS OLD BUSINESS ADJOURNMENT Mrs. Mary Jo Shaunty will attend the May 9 meeting. Mr. Grubb will attend the May 23 meeting. NONE The meeting adjourned at 9:10 P.M. S OMMISSION