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HomeMy WebLinkAboutPZ 1976-02-26 Minutes · CALL TO ORDER ROLL CALL · CONSIDERATION OF THE MINUTES OF OCTOBER 23, 1975 CONSIDERATION OF THE MINUTES OF JANUARY 22, 1976 NEW BUSINESS PS 76-1 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, FEBRUARY 26, 1976 The regular meeting of the Planning and Zoning Commission was called to order by the Vice Chairman, Mary Jo Shaunty at 7:40 P.M. PRESENT: VICE CHAIRMAN SECRETARY Mary Jo Shaunty Wayne Staples Thad Biard Jesse Range ABSENT: Gene Welborn CITY STAFF PRESENT: ADM. ASSISTANT R.L. Shade CLERK Pauline Spain These minutes could not be approved as there was not a quorum present. Mr. Range moved, seconded by Mr. Staples to approve the minutes as written. Mrs. Shaunty amended the motion to correct the minutes to read Mikel Brown, 8401 Main St. rather than Martha Manley, 401 Eden Rd. Amended motion carried 4-0. Mrs. Shaunty asked if there was any opposition to hearing PS 76-1 before PZ 76-3. There was no objection. Request of Educators Developers for a preliminary plat of Block 21, College Hills Addition. Mr. 0.0. Long, Consulting Engineer, presented this request. My clients would like a final plat of lots 1 through 15. They do not plan for developing Tract A at this time. Mr. Range asked Mr. Long his opinion of improvement of Calloway Creek. Mr. Long stated they proposed clearing the channel and using the dirt to fill in front part of lots before building homes. Mr. Biard asked about the letter from Director of Public Works. Mr. Long stated the letter from the Director of Public Works would be with the final plat. All engineering will have to be completed before any permit will be issued. Mrs. Shaunty asked if this would be a section of College Hills. Mr. Long stated they would like it to be a part of College Hills but there would be no big problem to change it. · PZ 76-3 APPROVED · · After discussion by the Commission members Mr. Biard moved, seconded by Mr. Range to approve PS 76-1 subject to engineers letter of 5 February, 1976. Motion carried 4-0. Request of Mangham Airport Joint Venture to rezone 9.25 acres of the T.K. Martin Survey from its present classification of Industrial to a proposed classification of Industrial Specific Use-Airport. This property is located on Cardinal Lane, north of the exist- ing Mangham Airport. Mr. David Hughes, Elliott & Hughes Consulting Engineers. Mr. Hughes represented the owners of Mangham Airport asking for a change in zoning from Industrial to Industrial Specific Use--Airport. Mr. Hughes was granted a 5 minute rebuttal period at the end of the hearing. Mr. Hughes stated he did not want to repeat all statements made previously but would like to make a few. The overall objective is to develop air industrial park with airport being anchor or spine of the development. In assuming we receive favorable consideration in both request now pending with the City, the trustees have authorized an over- all master plan for the air park industrial complex. This master plan is an expenSive- and time consuming task. It will require some 6 to 9 months for completion., Following this master plan, we will be submitting to this commission a preliminary plat of overall development; coming in at increment stages for final plating. It will be a number of years before entire master plan is physically realized. We are asking to increase runway 500 feet, giving a total of 3000 feet. This will accommodate 90% of general aviation aircraft. General aviation aircraft is propeller driven aircraft not jet air craft. The idea is to cater to propeller driven executive type air craft. In order to increase runway, Cardinal Lane will be closed between the two pieces of airport property and cul-da-sac the east and west end. The airport trustees have secured commitments for construction of by-pass for Cardinal Lane going to Martin Rd. This by-pass will not be built at the expense of the City of North Richland Hills. This by-pass will be built before the closing of Cardinal Lane. Many people have doubts we will do as stated at the hearings. We want to assure you beyond reasonable doubts we will comply according to our statements. The trustees of the airport had their attorney prepare covenants to weight, runway extension and closing of Cardinal Lane. I would like to turn the meeting over to Neil Adams, attorney, to discuss these covenants. · Neil Adams, Adams & Keys, 301 W. Parkway, Euless The trustees of Mangham Airport asked me to draft two separate deed restrictions; one of which applies to south zoning, the other to property north of existing airport. The agree- ment is between trustees of the airport and the City of North Richland Hills to the effect that owners of Mangham Airport are willing to restrict the property to limit design and construction of runway which would accomodate general aviation aircraft not to exceed 10,500 lbs. There is a provision giving City of North Richland Hills authority to enforce the deed restrictions and provision that would terminate with in 15 years or if the property ever ceases to be used as an airport. The deed restriction dealing with north zoning has two restrictions; (1) same as south zoning, (2) runway extension never to ex- ceed 3000 feet. There is a clause giving City of North Richland Hills authority to enforce restricted covenant. In addition there is a clause dealing with rerouting and constructing of Cardinal Lane. I have discussed these cove- nants with the attorney for North Richland Hills and he is satisfied they meet your requirements and can be enforced. · AGAINST Wm. M. Ratcliff, 9224 Amundson I have a few items of particular concern but be- fore discussing them I would like for the secre- tary to read action taken last month on pz 76-3. After Mrs. Spain read the action Mr. Ratcliff stated a decision was made by you last month de- ferring this request. He should have appealed to the council but he didn1t. I fail to see how this week you can without application or reason open up a public hearing and rehear it and take action. To me the Commission is dangerously close to doing something illegal. You approved the 99 acre tract specific use last month and deferred this one. There is nothing they can do with that property without property in question tonight. I seems to me you got the cart before the horse. · Kathy Robinson 6464 Chilton Dr. I don1t see how you can grant them Specific Use wiltrout it being airport property. It does not border on it. There is a road in between the two pieces of property. If North Richland Hills is to enforce these covenants that will mean more man power. If this property is sold would deed restrictions hold up or would we have to go over this again? James Robinson 6462 Chilton Opposed this request _.- E.J. Mieska 6621 Crane Road Mr. Mieska stated he had lived at his present address 18 years. He asked if the new Cardinal Lane would be built to City specifications. I was told until the property was developed there was no need for curb and gutter. I would say it is improved with the extension of the present runway. According to the specifications for a parking lot they shall have a minimum surfacing of 6 inch compacted gravel and two coats of penetration asphalt. I feel we should have a street as good as any parking lot. I would say we should have curb and gutter and a good street. Mikel Brown 8401 Main St. Mrs. Brown spoke referring to the Advisory Circular of F.A.A. stating Mangham Airport could not meet the requirements for a Utility Airport. She stated she would like for the Commission members to look over the circular. . . Mr. Neil Adams asked to comment on 2 or 3 items brought up. In regards to deed restrictions; who pays for the enforcement of these deed restrictions? The trustees, agreeing to the restrictions, are subjecting themselves to the fine system under the City of North Richland Hills. There is a clause in both deed restrict- ions stating if suit is filed in City of North Richland Hills and the City prevails the trust- ees will pay attorney fees and court costs ex- pended by City of North Richland Hills. Another question; if the property is sold, are subsequent owners bound by deed restriction? That is what a deed restriction is. The trustees are binding themselves, their heirs, executors and adminis- trators in event either by sale, or death of any or by any trustee, the new owners are bound by the deed restrictions unless they are removed by the City of North Richland Hills. As for time limit of 15 years for termination clause, that is something that will have to be worked out with the the City and City Attorney as to what will be the best time limit. 0:" . Mr. David Hughes asked to clearify runway ex- tension. The extension is 500 feet from exist- ing runway; only 400 feet north of Cardinal Lane. This is in the deed restriction. There have been numerous comments on improvement of airport and the fact that the owners have not made any. I would like to remind the commission that without proper zoning and platting it is impossible to improve said property. Upon proper zoning and platting we will be able to upgrade the property. · · · APPOINTMENT OF P & Z MEMBER TO COUNCIL MEETING FOR MARCH 8, and 22, 1976 OLD BUSINESS REPORT OF FEBRUARY 23 COUNCIL MEETING ADJOURN~1ENT Mr. Elmer Dorsey 6617 Chilton Drive Mr. Dorsey is not opposed to airport but not interested in having it enlarged, as he feels property value will go down. After much discussion by the Commission members, Mr. Staples moved, seconded by Mr. Biard to approve PZ 76-3 with stipulation of covenant and deed restriction. Motion carried 4-0. Mrs. Shaunty will attend both meetings and Mr. Range will attend the March 22 meeting. Mr. Biard told the Commission members the Council referred PZ 76-2, Juanita Anglin, back to the Planning and Zoning per Tim Truman1s request, and PZ 76-4, Mangham Airport Specific Use, was recessed until March 8, 1976. The meeting adjourned at 9:20 P.M. ~~~ AJ~~~~ CHAIRM~~, PL N G AND ZONING MMISSION