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HomeMy WebLinkAboutPZ 1977-09-22 Minutes . . . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF AUGUST 25, 1977 NEW BUSINESS PZ 77-26 TABLED ~ 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 ~ Page 2 P & Z Minutes September 22, 1977 . 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. . 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. . 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 ~ Page 3 P & Z Minutes September 22, 1977 . 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. . 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. . 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. Page 4 p & Z Minutes September 22, 1977 . . . ~ 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 ~ Page 5 p & Z Minutes September 22, 1977 . 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. . 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 . . . . Page 6 P & Z Minutes September 22, 1977 CONSIDERATION OF PROPOSED ZONING ORDINANCE AMENDMENTS ~ 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 ~ Page 7 P & Z Minutes September 22, 1977 . 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. . . ~ Page 8 P & ZMinutes September 22, 1977 . 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. . 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. . ~ SSIOO ~, P~N~~'~~~N