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HomeMy WebLinkAboutPZ 1977-07-28 Minutes . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CIT~ OF NORTH RICHLAND HILLS, TEXAS, JULY 28, 1977, 7:30 P.M. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:33 P.M. by the Vice Chairman, Darrell Wood. ROLL CALL PRESENT: V ICE CHAI Rf'1AN SECRETARY MEMBERS Darrell Wood Lee Waldrop For'rest Grubb ABSENT: M.J. Shaunty Cl aude ~1orri son CITY STAFF: DIRECTOR P.W. CLERK CLERK Ray H. Britton Pauline Spain Wanda Calvert CONSIDERATION OF THE MINUTES OF JUNE 23, 1977 Mr. Wood corrected the minutes on page 4, paragraph 4 to read "every property owner" rather than lIevery oneil. Mr. Waldrop moved, seconded by Mr. Grubb to approve the minutes as corrected. Motion carried 3-0. NEvJ BUSINESS Mr. Grubb requested the Eoard to move PZ 77-23 to the first on the agenda, as they have been before the board twice before. . PZ 77-23 APPROVED Request of Reynolds Properties to rezone 5.986 acres of the E.S. Carder Survey from its present classification of 1F-12 One Family Dwelling to a proposed classification of Planned Development. This property is located between Woodcrest Addition and the Bank of North Texas. Mr. Tom Hodge presented this request. Mr. Hodge stated a property owner told him the tract on the letter was different than he had on his records. After checking the plat turned in by Mr. Reynolds, the tax office and the letter, all are the same tract; Tract 3B2B, E.S. Carder Addition. Mr. Hodge read a deed restriction or a covenant to be filed with the plat. Mr. L.F. Cumbie, 4825 Weyland, stated he would like to go on record as approving this request and he felt he was speaking for all the property owners. . Mr. Marion Massey, 4916 Weyland Dr. Mr. Massey asked if the restrictions, drawings, profile and type of construction was a part of the P.o. Mr. Hodge stated yes and the type of construction would be stucco. Mr. Britton told Mr. Hodge he would have to have approval of the council for Page 2 P & Z Minutes July 28, 1977 . . PS 77-31 APPROVED Request of N.E. Construction Co. for final plat of Holiday North Section 6. . ~ stucco construction. Mr. Hodge then said he would use brown tone brick with dark brown roof. Mr. John Erskine, 4812 Weyland, stated the drawing shows the distance from the buildings to the property lines of Woodcrest Addition to be 39 feet and Mr. Hodge was speaking of 22.95 ft. Mr. Hodge corrected his statement to say it would be 39.59 ft. as the drawing shows. Mr. Britton asked if the covenant was to be filed as developers agreement or as a part of the Planned Development Zoning. Mr. Hodge said he would do either, whichever is stronger. Mr. Massey stated the property owners would like for it to be filed both ways. Mr. Waldrop moved, seconded by Mr. Grubbs to approve PZ 77-23 subject to including the covenant with the Planned Development Zoning and as a deed restriction. Motion carried 3-0. A property owner asked if PS 77-31 could be heard at this time as there were at least 50 or 75 concerned property owners in the audience. The Board agreed to hear PS 77-31 at this time. Mr. O.D. Long presented this request. Mr. Long told the Board all items on the engineer1s letter have or will be cleared up before it was sent to the council. Mr. Carl Settle, 7594 Terry Drive, spoke in opposition of this plat on behalf of his neighbors, bringing a petition signed by 121 property owners. They were opposed because the property located at the northeast corner of Terry Drive and Richland Blvd. was sold for a Day Care r~ursery. The property owners were told that property was zoned for single family residence. Mr. Settle stated there are 40 small children living in this area. There are no sidewalks and traffic is already a problem. We feel it could have been placed in another area, around College Circle or Tract 24. There are five homes directly facing this property. A business such as this will certainly decrease the value of our property. Mr. Long stated he didn1t feel this should be here tonight. This is a platting request, not zoning. Mr. Wm. R. Drenowatz, 5805 Crestwood Circle, told the commission his builder told him the property was zoned for single family dwelling. ~ Page 3 P & Z Minutes July 28, 1977 . There was much commotion in the audience. Mr. Wood asked that they stay orderly. Mr. Wood told the property owners the City Attorney would look into the matter. Mr. Britton told the property owners the property was zoned M.F. in 1969 and the map was in error in 1972. Mr. J.W. Wright, 7625 Richland Blvd. asked if the property owners were to suffer the brunt of the mistakes. In 1974 Barfield & Arnold told me the property was for single family residences. I came to the City Hall and was told the same thing. Mr. J.L. Goiring, 5905 College Circle, statpd if a realtor misinforms, he i~ -li~ble, how can a city not be likewise? . Michael E. Workman, 7712 Richland Blvd. Mr. Workman read a letter he received May 13, 1977 concerning the property between Crestwood Circle and Ross Road, north of the Texas Electric ROW. Tracts 20, 21A4 & 21 were shown as being the property involved in the zoning to IF-8-15. Mr. Workman asked Mrs. Spain if the letters were mailed so described. Mrs. Spain answered yes; however the Ordinance and Public Hearing notice were by metes and bounds. (After rechecking this on 8-2-77, Mrs. Spain found that a part of tract 21 was included in this rezoning.) Mr. Long stated he submitted field notes for lots only. . Mr. Alan Hamm, Richland Enterprises, stated he was confused. The property in question was zoned Multiple Family in 1969. It is a matter of record by ordinance. This platting tonight is property that was rezoned from multiple family and local retail to IF-8-15. The issue before the board is platting and not zoning. A property owner in the audience told the Board they went before the City Council and was told that was not the place for them to be heard. They were to go before the Planning and Zoning Board. Now you say you can It do anything. Unless you change this we do not want this plat approved. We would like you to put this off until an attorney can give us a clear ruling on where we stand and what we can legally do to stop this zoning. Mr. Hamm asked the Board to approve this plat ~ Page 4 P & Z Minutes July 28, 1977 . so it could go before the council and in the meantime they can work with an attorney. Mr. Wood asked Mr. Hamm if he thought we could reach a compromise. Nr. Hamm said IIno". Mr. Long said they felt they had followed the letter to the law. There is a state law that automatically approves a final plat if you wait 30 days to act. Mr. Hamm told the Board if he took the property in question out of the plat it would not change the issue any. The property is properly zoned. After discussion by the Zoning Board, Mr. Waldrop moved, seconded by Mr. Grubb to approve PS 77-31. Motion carried 3-0. . PS 77-22 APPROVED Mr. Wood explained to the property owners. It gives me great warmth for such a turn out of interested property owners. We, too, are in- terested in your problem. I would like to table this, but it would not help you. You need to go before the City Attorney and City Council. We have no alternative but to approve this final plat. There is a gross misunderstanding, mostly due to the map. Mr. Wood again thanked the property owners for coming to the meeting. Request of Tarrant Development Corp. to replat lots 1 through 5, Block 10, Fossil Creek Trails. Mr. Hawkins presented this request for Mr. Bressnan. Mr. Waldrop moved, seconded by Mr. Grubb to approve PS 77-22 subject to Allen Bronstadls letter. Motion carried 3-0. PS 77-23 APPROVED Request of John Barfield to replat Block 5, Crestwood Estates. Mark Hannon - Servitron, Inc. presented this request. Mr. Grubb moved, seconded by Mr. Waldrop to approve PS 77-23 subject to engineerls letter. Motion carried 3-0. PS 77-24 APPROVED Request of John Watson for preliminary plat of Green Oaks Estate. . Mr. David Pulliam-Farrington & Associates presented this request. Mr. Pulliam told the Board they had seen this plat before as it has been platted. Mr. Watson is the full owner and wants to bring it before the Board again. Most of the items on the engineerls letter have ~ Page 5 P & Z Minutes July 28, 1977 . been cleared up. All will be complete before we file for a final plat. Mr. Waldrop moved, seconded by Mr. Grubb to approve PS 77-24 subject to engineerls letter. Motion carried 3-0. PS 77-25 APPROVED Request of Ramm Development, Inc. for preliminary and final plat of Carder Addition Lot 1, Block 2. Mr. Leon Levitt-Levitt Engineers presented this request. Mr. Grubb moved, seconded by Mr. Waldrop to approve PS 77-25 subject to engineerls letter. Motion carried 3-0. PS 77-26 TABLED Request of Colony Construction Co. for preliminary plat of Windcrest Addition. . Mr. J.D. Farmer-Metro Engineers presented this request. Mr. Farmer said this plat was taken to Mr. Perkins several months ago. He said there should not be any problems. A decision could be made at this time, as it is holding up construction. I would like to know what the problem is, why the engineer suggested it be tabled. Mr. Britton told Mr. Farmer the preliminary plat did not conform to the sub division ordinance. A number of things in the sub division ordinance are not on this plat. Mr. Wood said evidently you are not in accordance with sub divjsion ordinance well enough to give comments on his letter. Mr. Perkins is objecting to things you left out. Mr. Grubb moved, seconded by Mr. Waldrop to table PS 77-26 until the August 28 meeting. Motion carried 3-0. PS 77-27 APPROVED Request of Arthur W. Peterleus for replat of Lots 5B & 5C, Block 3, Woodbert Addition. Mr. Peterleus presented this request stating he is ready to start building as soon as this replat is approved. Mr. Waldrop moved, seconded by Mr. Grubb to approve PS 77-27. Motion carried 3-0. . PS 77-28 APPROVED Request of Tarrant Development Co. for pre- liminary plat of Meadow Lakes Addition. ~ Page 6 P & Z Minutes July 28, 1977 . Mr. O.D. Long presented this request. Mr. Longls statements regarding the engineerls letter. ~ #1. We have no choice. This will be cleared ùp. #2. We will attempt to reroute. #3. Property swap will be done prior to final platting. #8. A bridge is proposed at this area. This preliminary plan is an overall geometric plan of entire tract. First final will be within 6 months; last one 18 months or two years. I would ask you to approve this pre- liminary plan subject to engineerls letter. There is no great problem with the balance of comments. They will be corrected before final plans are submitted. Mr. Waldrop moved, seconded by Mr. Grubb to approve PS 77-28 subject to engineerls letter. Motion carried 3-0. . PS 77-30 APPROVED Request of North East National Bank to replat Monte Commercial Addition. PS 77-32 APPROVED PS 77-33 APPROVED Mr. Waldrop moved, seconded by Mr. Grubb to approve PS 77-30. Motion carried 3-0. Request of N.E. Construction Co. for replat of Holiday West (Spring Meadow). Request of N.E. Construction Co. for replat of Holiday West (Woodview). Mr. Long and Allen Hamm presented this request. Mr. Hamm stated he tried to purchase adjacent property to the north and zone residential but he was unable. Since the property to the north is zoned industrial he would like to close these two streets. Mr. Grubb moved, seconded by Mr. Waldrop to approve PS 77-32 subject to engineerls letter. Motion carried 3-0. . Mr. Waldrop moved, seconded by Mr. Grubb to approve PS 77-33 subject to engineerls letter. Motion carried 3-0. PS 77-34 APPROVED Request of P & S Construction Co. for final plat of Irish Meadows Phase I & II. ~ Page 7 P & Z Minutes July 28, 1977 . Mr. David Pulliam- Farrington & Associates presented this request and asked the Board to approve subject to engineerls letter. If unable to correct all items by August 8, will not present to the council until August 22. Mr. Grubb moved, seconded by tir. Waldrop to approve PS 77-34 subject to engineerls letter. Motion carried 3-0. PZ 77-20 DENIED Request of Ira B. OIBanion to rezone lots 34 and 35 from its present classification of"lF-9 One Family Dwelling to a proposed classification of Industrial. This property is located at 8228 and 8232 Odell Street. Mr. OIBanion told the Board he manufactured and sold small trophies and plaques. The business is similar to cabinet or wood shop. Mr. Wood asked hours worked per day. Mr. OIBanion replied 8, maxium 10 hours. . Mr. Wood asked Mr. QIBanion where his business was presently located. Mr. OIBanion answered, Arlington, Texas. Mr. L.E. Autry, 8225 Odell St. stated there is no building on the property at this time. What type of building do you plan to build? How many people do you hire? The only heavy equipment I will have is a saw. I plan to put the building as far back as possible on the lot. 8204 Odell, opposed this zoning and brought a letter from Mr. & Mrs. D.C. Allen who also opposed. Mr. M.W. Mowdy of Duncanville owns lots 38 and 39. Mr. Mowdy wrote a letter in favor of the zoning. Mr. Waldrop moved to approve PZ 77-20. Due to lack of second, Mr. Waldrop withdrew his motion. Mr. Grubb moved, seconded by Mr. Wood to deny PZ 77-20. Motion carried 2-0 with Mr. Waldrop voting against. PZ 77-21 DENIED Request of The Reliable Life Insurance Co. to rezone Lot 1, Block 1, Somerset Addition, from its present classification of commercial to a proposed classification of commercial specific use - private club. This property is located at 7920 Bedford Euless Road. . ~ Page 8 P & Z Minutes July 28, 1977 . Mr. Phil Leonard represented La Quinta Manage- ment. Mr. Leonard stated the motel is zoned commercial. They want it rezoned to have a private club. Mr. Leonard stated that without a private club, their services are limited. Previous owners had property forclosed be- cause of lack of business. The club would be upstairs over the lobby. Mr. Wood asked Mr. Leonard if he was aware that LaQuinta was near a church. He asked if he realized that was a heavily traveled area. Mr. Leonard stated it would be a quiet place for their guests to go and have a drink before retiring. He stated there would be no neon signs to advertize private club. Mrs. Williams, Manager of Motel, stated 70% of the people bring their own drinks. If we had a club there would be no trouble since they would have a place to drink. Many churches use our motel. . Jim Wolverton--Colorado Blvd. Mr. Wolverton was not told when the zoning was changed for sub-court house. The residents were not con- tacted, if we had been, LaQuinta would never have been built. It will be a bar whether it is called a club or lounge. Alice Rogers- 4805 Grove, stated there was a lot of noise now. A few nights ago 2 men squatted in the middle of the street and sat there. Many times people have stood on the balcony and watched them in their back yard. Mrs. Watson - 4805 Maple St. I have owned my home for 21 years. The street is only one block long, yet we have speeders day & night. Many come from Green Valley and races motors all hours of night. . Mr. Leonard assured people that the motel was there to stay and that it was against the law for people to carry beer cans out of the club. There is already a private club in North Richland Hills and has been here for several years. LaQuinta owners spent a great deal of money to build the motel and they need to be able to offer the same services that other motels in the area offer. People are going to drink whether they have a club or not. Mr. Waldrop moved, seconded by Mr. Grubb to deny this request. Motion carried 3-0. ~ Page 9 P & Z Minutes July 28, 1977 . PZ 77-22 DENIED Mr. Wood told Mr. Leonard he could ask this to be placed on the City Council Agenda. Request of J.L. Dreiling and J.R. Simmons to rezone 5.744 acres of the T.K. Martin Survey from its present classification of agriculture to a proposed classification of IF-9-15. This property is located east of Chilton Drive and north of Paula Court in Glenann Addition. Mr. Long presented this request. Mr. Long stated Mr. Simmons has changed his mind and does not want to zone his property. We would like to zone the property belonging to Mr. Dreiling. We would have the correct metes and bounds before going to the council. Mr. Charles H. Lamp - 6520 Paula Ct. The only question I have is drainage. There is a pretty good slope in this area. Mr. Long stated they would take care of the drainage. Mr. Morris L. Paul - 6616 Chilton. My concern is the size of lots and houses. PS 77-29 WITHDRAWN Mrs. Paul - 6616 Chilton. We moved there so we could have a large lot. We were told the area behind us would not be developed. Are these houses going to be Fox & Jacobs cracker boxes? Mr. Long explained the houses would be more expensive than those in Glenann due to increase of property and building costs. Mr. Grubb moved, seconded by Mr. Waldrop to deny PZ 77-22. Motion carried 3-0. This re- quest was denied to give Mr. Dreiling time to correct the zoning plat to remove the property belonging to Mr. Simmons. Request of J.L. Dreiling and J.R. Simmons for preliminary plat of Royal Oaks Addition. Mr. Long withdrew this preliminary plat as it is for the area in PZ 77-22. . ADJOURNMENT The meeting adjourned at 11:15 P.M. I / Z ' /ll! /{ . .,'} I~ /'i //1, < 'j I:'; !/-c/'~· / " l_ CHAIRMAN, PLANNING & ZONING COMMISSION . ,/ ,,' /1 .L <- v' ¿ .~2 c- .. .-:/./ ~":f( SECRETARY, PLANNING AND ZO~rNG COMMISSION