HomeMy WebLinkAboutPZ 1977-09-22 Minutes
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CALL TO ORDER
ROLL CALL
CONSIDERATION OF THE MINUTES
OF AUGUST 25, 1977
NEW BUSINESS
PZ 77-26
TABLED
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MINUTES OF THE REGUlAR MEETING OF THE PlANNING
AND ZONING COMMISSION OF THE CITY OF NORTH
RIŒll.AND HILlS, TEXASSEPI'EMBER 22,1977, 7: 30 P.M.
The regular meeting of the Plarming and Zoning
Commission was called to order at 7: 35 P.M. by
the Chairman, Mary J 0 Shaunty.
PRESENT:
CHAIRMAN
SECRETARY
MEMBERS
Mary J 0 Shaunty
Lee Waldrop
Forrest Grubb
Claude Morrison
ABSENT:
VICE CHAIRMAN
Darrell Woods
CI'IY STAFF:
DIRECTOR P.W.
CLERK
Ray H. Britton
Wanda Calvert
Mr. Waldrop moved, seconded by Mr. Morrison to
approve the minutes as read. Motion carried 4-0.
Request of E. F. Abbott to rezone Tract 9Bl, 9BlA,
and 9B2, Abstract 130, J .H. Barlough Survey, from
its present classification of Local Retail to
Corrnnercial. This is the triangular tract of land
at Ross Road, Davis Blvd., and College Circle.
Mr. E. F. Abbott presented his request to the
Commission. He stated that the purpose for the
rezoning was to have more 0pf-ortunities for
selling. He stated he had no prospects, but
believed it would increase the possibilities of
selling.
Mr · Grubb asked if he realized what the Corrnnercial
Zoning would allow. He stated that without proper
plarming, this could present a real problem to the
cOrrInuni ty · Undesirable businesses could be put on
this property. The property sllrDunding it is zoned
Cormnercial, Local Retail, and IF-9-0ne Family
Dwellings.
Mary J 0 Shaunty asked if there was anyone who wished
to speak in favor of this rezoning.
Mr. Joe Barnett, property owner on Davis Blvd. said
he did. He stated he and his father ownes most of
the land to the East and North to Mama's Marker.
He stated he had known Mr. Abbott for many years
and had found him to be a highly respected business-
man. He stated Mr. Abbott owns other Commercial
property in North Richland Hills and the property
is always neat and orderly. Mr. Barnett stated
that since Mr. Abbott, being the astute businessman
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P & Z Minutes
September 22, 1977
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that he is, would take every precaution to deal
with a person who would be honorable and who
would develop the land to where it would be a
credi t to this corrmuni ty . Since the property
is a very suitable site for a business, Mr.
Barnett said he would like to ask the Corrnnission
to approve this rezoning request. He stated he
would also like to see the Commercial Zoning
requirements revised. He read from an old North
Richland Hills Zoning Ordinance about Cormnercial
Zoning · Mr . Britton told Mr. Barnett that his
Zoning Ordinance was outdated. Mr. Barnett
still contended that the City needed different
types of Conmercial Zoning. He said the Ci ty had
gone to Strip Development and this is not good
for the Ci ty . He requested that there be changes
made in the Comnercial Zoning and then to have
the City enforce these Ordinances. He stated
that he felt that the property owners needed
some guide lines and protection against undesir-
able businesses such as one on Davis Blvd.
Mr. Grubb told Mr. Abbott that the City was
trying to keep undesirable businesses out of the
City and that is why Mr. Abbott needs to let the
Commission know wh~t he plans to have on his
property or who he plans to sell it to.
Mr. Abbott stated he had one prospect that would
put up a nice metal building with landscaping and
would manufacture qllDIlÌIlillll windows and doors.
Also, a Tom Thumb representative confronted me
about 3 months ago, but haven't heard from him
since. But Mr. Abbott stated that if the Zoning
were changed, he believed he would have a better
chance to sell this property.
Mr. Grubb asked Mr. Abbott if it would inconvience
him if the Commission tabled this request until
next month since there are going to be some re-
visions made in the City Ordinance by the City
Council at their next meeting. Mr. Abbott stated
it would not.
Mr · Grubb. moved, seconded by Mr. Morrison to
table this request until next meeting of the Plarming
and Zoning Commission. Motion carried 4-0.
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PZ 77-27
APPROVED
Request of Centennial Homes, Inc. to rezone approx-
imately 61.686 acre tract out of the T.Akers Survey
Abstract No. 19, from its present classification of
P.U.D. & 1F-7 to IF-8-0ne Family Dwelling.
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Mr. Clayton Sanders, Attorney, 5924 Royal Lane,
Dallas, represented Centennial Homes, Inc. He
showed the Commission where this property was
located on the map. He stated they had purchased
this property approximately five years ago. It
is bordered by Haltom City and Watauga. The
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September 22, 1977
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property was previously zoned Single Family
Dwellings and Townhouses in Hal torn City area,
but we have found out that Townhouses don't
go over very good in the City. Mr. Sanders
stated that most of this property is now
zoned P.U.D. and IF-7. Since North Richland
Hills no longer has IF - 7 zoning, we are re-
questing this be rezoned to IF-8-Single
Family Dwelling. We plan to move the same
program as in Haltom Ci ty into North Richland
Hills. We plan to have a mixture of homes in
this area. Mr. Sanders stated he had met with
Mr · Britton and Mr. Riddle and was advised that
in order for the City to provide fire and police
protection, we must extend the temporary road at
the end of Browning Blvd. across the Rail Road
to the industrial area. Mr. Sanders stated this
would be very expensive, but they would do it.
Mary Jo Shaunty asked if there was anyone who
wished to speak for or against this.
Mr. Britton stated that the reason for the odd-
looking zoning line, was that it did not go
across any lot, but follows the lot lines.
Mr. Sanders stated that IF -7 has no requirements
for off-street parking, and IF-8 requires 4. We
would like to ask if we could provide only 3
parking places. Mr . Britton stated that this
would have to be taken up with the Board of
Adjustment.
Mr. Morrison moved, seconded by Mr. Waldrop to
approve. Motion carried 4-0.
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Mr. Britton stated that there would be no Council
meeting October 24. Therefore, this zoning case
will be heard by the City Council on November 14th.
PS 77-42
APPROVED
Request of Centennial Homes, Inc. for prel:iminary
plat of The Trails Addition.
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Mr. Sanders presented this along with Mr. Gossett,
Engineer for Centennial Homes.
Mary J 0 Shaunty asked if they were agreeable to all
aspects of the Engineer's letter. Mr. Sanders
stated that No.1, all streets will be named on the
final plat; No.2, Fire Hydrants will be marked; No.7,
will increase the size of the water line to an 8
inch in street "G" and extend it to the east
prDperty line.
Mr · Britton read a portion of Allen Bronstad' s
letter: "Regarding Item No.7, the 8 inch water
line will have to be extended east from the inter-
section of "F" and Browning Blvd. to the east
bOW1dary of the sub-division." Mr. Sanders stated
this will mean more money but they will conform.
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September 22, 1977
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He said No. 14, he understands that we will have
to put in a temporary road and Rail Road crossing.
Since the R. R. IIDves so slow, could the City get
the permit for us? Mr. Britton stated that the
City would help in any way they could to help
them obtain a permit. Mr. Bri non also stated
that when they present the final plat, to be
sure the temporary road is on it.
Mr. Sanders stated No .15, all lots will be platted
for the correct zoning on final plat. Tract A-
We propose to grade this so it will drain off
and then deed this easement to the Ci ty . Mr.
Britton stated that the City would look at it when
they get it finished to see if it can be maintained
by the City. It could be made a nice green area.
Mr. Waldrop asked if there v.Duld be any erosion.
Mr. Sanders stated it was very rocky.
Mr · Britton stated he does not see any problem
and believes the City will accept it. Mr . Britton
asked question regarding the sewage across the
back of lots 36 through 44. Mr. Sanders said
there is an existing 20 foot easement across the
back of those lots. He also stated that if the
existing 18 inch sanitary sewer line which serves
approximately 2800 acres and this tract is only
approximately 100 acres, in our opinion, the cost
participation on this line should be on a pro-rata
basis, based on area served. This would amount to
this developer paying approximately 3. 6 percent
of the original cost of this line across the
proposed proj ect . Mr . Britton stated that in Mr.
Bronstad's letter it stated the Developer will
be required to pay his pro-rata share of the I8
inch sewer line in Fossil Creek. The amount he
will have to pay is $8.00 per lineal foot and the
final length will be determined when final plat
and construction plans are submitted.
Mr. Sanders stated that a previous discussion with
Mr · Britton and Mr. Riddle was made about a looped
water line from Watauga, or to spend some additional
IIDney for a water line. Mr. Britton said the City
would try to reach some kind of an agreement with
them on this. Mr. Britton stated he wanted to go
back to item No .16 in the Engineer's letter per-
taining to Tract B-before going into the final
plan, get with him and Dick Perkins and agree as to
what you plan to do regarding a concrete channel
lining for the ditch in Tract B. Mr. Sanders
stated that there is a dam on the property just
east of them. This area has been a real puzzle.
This hill is rocky and steep grades down. This
is a problem in trying to develop this. Mr. Waldrop
asked if there was very much flow. Mr. Sanders
stated the 72 inch main would handle it. The
dotted line shows the Flood Plain. The channel
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September 22, 1977
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could be full and it still wouldn't have too
much water. We should have a good flow away from
the property.
Mary Jo Shaunty asked if there was anyone who
wished to speak for or against this subject.
Mr. Grubb moved, seconded by Mr. Waldrop to
approve subj ect to Engineer's letter. Motion
carried 4-0.
PS 77-36
APPROVED
Request of Gary J. Teague for preliminary plat
of College Hills Addition.
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Theron Bonham and John NaIl presented this
request · This property is familiar to the
Corrunission since it has been a problem for a
long time, one problem being it is in a Flood
Plain. Wi th the drawing of a proper charmel,
this would take it out of the Flood Plain. We
have a letter that Mayor Newman wrote to the
Corp of Engineers asking them to review the
channel hydraulics. The Chief of the Corp of
Engineers wrote back" and stated that based on
facts he had, if we complied as stated, this
would remove the Flood Plain restriction, and
we could proceed with the proj ect . The channel
that we will have to put across the back, we
need the dirt on sight. The Engineer's letter
listed several items we should comply with. One
was at the end of each cuI de sac where we
discharge water, he suggested an lll1derground
drainage. This will cost a good bit more money,
but we will do this as it will make it so much
nicer. No.2 was in regard to the meets and bounds
description of the property to be platted. This
will be done when we have the surveyor back. No.3,
was the note about pro-rata ratio. We believe
its paid, but will check on that. On block 24,
lot 5, he made a note that the building line is
not wide enough to meet IF - 9 zoning. We can
comply with it. All the lots meet this requirement
except this lot and lot 8. We can make it meet
the length, but it would make it so small , it
wouldn't be a very desireable building sight. We
will leave it IF-9 and request a Variance from the
Board of Adjus"bnent. I believe it is something
that can be worked out. No. 6-a 20 foot sewer line
easement. Could you help us find where the sewer
line is? Mr. Bri tton stated they would. No.7,
Mr · NaIl said this wasn't a big issue. Mr. Perkins
requested we put Gate Val ves on each of the Fire
Hydrants · This, I Know, is to be able to turn off
the water in case of an accident to the hydrant, but
these are at the end of the cuI de sac, and also
within about 400 feet of the homes, there is a
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P & Z Minutes
September 22, 1977
CONSIDERATION OF PROPOSED
ZONING ORDINANCE AMENDMENTS
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cut-off. Mr. Britton stated that the real problem
is when you have to replace old Fire Hydrants with
no way to turn the water off. The maintance on the
fire hydrants is the real reason for asking for
these Gate Valves. Mr. Britton stated that he
believed the City would furnish the Gate Valves if
they would put them on.
Mr. NaIl also stated that Mr. Perkins had requested
that we bore under the street instead of tearing
up the streets. It may cost more, but it would
look a lot better, so we will do it.
Mr. Grubb stated he was very anxious to see this
area cleaned up. Mr. Bonham stated he believed
they could make a beautiful area. Mr. Grubbs
asked if there was anything they couldn't agree
with in the Engineer's letter. Mr. Bonham stated
he would like to be able to leave the lots larger,
but if the Board of Adjustment refuses, we would
change them.
Mary J 0 Shaunty asked if there was anyone who wished
to speak for or against this.
Mr. Grubb moved, seconded by Mr. Morrison to
approve subj ect to Engineer's letter. Motion
ca.rried 4-0.
Mr · Britton presented a request for consideration
of Proposed Zoning Ordinance amendment regarding
rear yard requirements in one and two family
zoning areas. He said we need to have a percentage
of lot size, no closer than 15 feet.
Mr. Grubb asked if this pertained to accessory
buildings. Mr . Britton stated that it pertained
to the main family dwelling. Mr. Britton stated
that the Board of Adjustment has lines of people
wanting a Variance to build houses with garages
on the back too close to the back of lot. If the
person has 20% of the lot at back, that should be
sufficent · Mr. Richard Hudler came to represent the
Homebuilders Association. He said we are all
familiar with the costs of houses these days.
Same existing lots are almost impossible to put a
house on and still be able to meet the zoning
requirements. Mr . Britton said the Ord:inance now
reads 20% depth from the rear most wall. We need
to change the wording to "20% of lot from rear walL"
Mr. Morrison moved, seconded by Mr. Waldrop to
accept this recorrnnendation. Motion carried 4-0.
Consideration of Proposed Zoning Ordinance amendment
regarding Authorized New Auto Sales w/Used Auto
Sales and/or Rep:rir. This item is of much concern
to the City Council. They have asked me to see if
you will approve amendment to Article 6, Section 1,
page 16, line 3 to: New or Used car lot open.
Allowed with no restriction in Corrmercial and
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P & Z Minutes
September 22, 1977
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Industrial Zoning. We need to change this
verbage. Change it to: "Authorized New Auto/
Truck Sales with Used Auto/Truck Sales and/or
Auto Repairs." Authorized or Franchised would
be OK. There are some Authorized dealers that
are not a Franchised dealer. The Council does
not want the Ordinance to hinder New Auto Dealers,
but wants to discourage any Used Auto Dealers.
Mr. Grubb, stated he thought this was too stiff.
He said it you have a good business, but it is
not Authorized, it looks like the City would be
liable for suit. Mr. Britton stated that if they
wanted to put in a Used Car lot, they would have
to come before the Commission and ask for a
Special Use Permit.
Joe Barnett said he would like to speak in regard
to both considerations. He made a recommendation
in the wording that Authorized New and Used Auto
Sales must be on the same site. Mr. Britton stated
that this was already an Ordinance of the City.
Mr. Barnett stated he would suggest that the City
enforce the present Zoning Ordinance. He presented
two pictures in connection with the enforcement
of the Ordinance. He said that here we have a
situation where a Mr. Montgomery keeps his property
neat and clean, where Mr. Phillips is always
building without a permit and has junk cars setting
all around. Patrol cars corne up often and have
him move cars of f the right of way. This is a
Used Car Repair and etc. I believe we should see
how or what used cars and repair consist of. This
business operates all hours.
Mr. Britton stated the property was zoned Commercial
and they were within their rights. Mr. Barnett stated
there are a lot of prDblems connected to this issue
regarding Used Auto Sales and/or Auto Repair. He said
he thinks there should be stipulations made as to the
working hours in such a business. Mr. Grubb asked
Mr. Barnett if he had ever complained to the City
about this. He said he had not. Mr. Barnett asked
if we still had the 60% limitations of the develop-
ment of a lot. Mr. Britton stated it depends on the
area. It is a State law not to sell ill1platted property,
but we can not keep up with this. Mr. furnett asked
about the new structure that is going up out on this
property in questio11. Mr . Britton stated he would
send the City Inspector out to check on it in the
morning. Mr. Barnett stated that Houston, Texas
did not have a Zoning Ordinance. Mr. Grubb', disagreed.
He said Houston had a very rigid Zoning Ordinance.
Mr. Barnett stated that Mr. Abbott has a very nice
piece of property and the property to the north is a
detriment to the City. He said if the junk could
be cleaned up, it would help.
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P & ZMinutes
September 22, 1977
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Mr. Morrison asked Mr. Britton if they build a
building wi thout a permit, what could the City do.
Mr. Britton said that the City works with Tesco
and when they rent a building to a new tenant,
the tenant has to get a Re-OK permit to open for
business.
Mr. Waldrop asked if all Used Cars Dealers not
authorized must come before the Corrmission. Mr .
Britton stated that if this passes, they will have
to.
Mr. Grubb stated he did not like to agree to
something without it being written down in black
and white.
Mary Jo Shaunty stated she thinks this restriction
is needed.
Mr. Waldrop stated lie believed that we should
control New Car Sales, too. Mr. Grubb stated
that we would have no problem with New Car Dealers
as they keep their places clean and orderly. If
its not on the same property , it is a car lot and
would have to get a Special Use Permit. Mr. Grubb
asked if someone asked for a Special Use Permit,
what would you tell them. Mr. Bri non stated they
would tell them that the City did not want Used
Car. lots. Mr. Grubb stated that the Special Use
Permit should be defined.
Mr. Britton stated that the Council had sent him
here to ask for these changes.
Mr. Morrison moved, seconded by Mr. Waldrop to
accept this recormnendation. Motion carried 4-0.
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Consideration of Proposed Zoning Ordinance
amendment regarding Billboard and Advertising Signs
and/or Off-Premises Advertising.
Mr. Britton stated that anyone wanting to put up
a sign would have to come before the Planning and
Zoning for approval.
Mr · Grubb moved, seconded by Mr. Morrison to accept
this recormnendation. Motion carried 4-0.
Mr · Bri tlon stated that the November meeting of the
Corrmission would have to be changed. The commission
agreed to change the date to November 29th on a
Tuesday.
ADJOURNMENT
The meeting adjourned at 9:35.
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