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HomeMy WebLinkAboutPZ 1976-12-02 Minutes . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF OCTOBER 28, 1976 NEW BUSINESS . PZ 76-21 DENIED . MINUTES OF THE MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, 7301 N. E. LOOP 820, THURSDAY, DECEMBER 2, 1976 The regular meeting of the Planning and Zoning Commission was called to order by the Chairman, Mary Jo Shaunty, at 7:50 P.M. PRESENT CHAIRMAN VICE CHAIRMAN SECRETARY Mary Jo Shaunty Darrell Wood Jesse Range Thad Bi ard Forrest Grubb CITY STAFF: DIR. OF PLANNING P & Z CLERK P & Z CLERK Ray H. Bri tton Pauline Spain Ba rba ra Se 11 s Mr. Grubb moved, seconded by Mr. Range to approve the minutes as written. Motion carried 5-0. Request of Pioneer Oil Company to rezone Abstract 130, Tract 6-0 in the J. H. Barlough Survey from its present classification of Local Retail to Local Retail Specific Use - Sale of Beer - off premises consumption. This property is located at the intersection of Smithfield Road and Davis Blvd. There was much discussion among the Board Members as to whether to cancel the meeting or table PZ 76-21 until the next scheduled meeting due to the fact, there was no one present to represent PZ 76-21. After additional discussion, Mr. Grubb made a motion, seconded by Mr. Biard to hear PZ 76-21. OPPOSED Mr. Cecil L. Barnett - 6008 Davis Blvd. Mr. Barnett stated he lives directly across the street from Mammals Market. He said this business first began as a self-service gas station. Then later closed and re-opened as a convenience store. Since that time Mr. Barnett said the store has presented a constant problem, his driveway is often blocked by cars and he is continually having to pick up paper, etc. from his yard; therefore he feels the sale of beer off premises will only com- pound his problem. He said beer is sold only 3 blocks to the south, and 7/10 of a mile to the north, and he didnlt feel there was need for . PAGE 2 P & Z Minutes December 2, 1976 another store to sell beer. He felt his children should be able to play in their yard without having to look at trucks loading and unload- ing alcohlic beverages. He said he felt the church would have been represented, but they were not timely notified as the name of the church was incorrect on the envelope and due to our postal system was not delivered to the church. He stated the envelope finally ended up in his post office box and he carried it over to the pastor of College Hill Assembly of God. He feels this request should be denied because he lives directly across the street from Mammals Market and this would be infringing upon his rights as a property owner. . Mr. Joe Barnett - 6000 Davis Blvd. Mr. Barnett stated his father, who owns Tract 7 of Abstract 130 was not notified as required by law. (This was checked Friday morning and Tract 7 is not within 200 feet of PZ 76-21). Secondly the notification of College Hill Assembly of God Church was not timely. They are a growing church, one of the more expensive and attractive churches in our area as reflected by the up keep of their premises. The 200 hundred feet notification is a statutory law, but this Board is discretionary and has the authority to rule on these matters. The 200 feet law from the door of the church is somewhat vague, in this case College Hill Assembly of God Church sits some distance back from Davis Blvd., however the young people of the church often use the front area for recreation purposes and a few weeks ago had a two day "garage salell. I feel the 200 feet law should not apply since they do use the front of their property for church related activities. It is my understanding that the State of Texas Highway Department is now considering Davis Blvd. for a four lane highway due to the traffic flow. My point is do we want to turn Davis Blvd. into another Jacksboro Highway? Currently there are eight estab- lishments between 5600 and 7700 block of Davis Blvd. that now hold off beer premises permits and three of these are in violation. #1 The 7-11 located at 5634 Davis Blvd. permit expired 11-2-76, license number 36563. #2 The Quick Way located at 6600 Davis permit expired 7-10-76, license number 57802. #3 The 7-11 located at College Circle and Davis Blvd. has pin ball machines or gaming machines which are governed by state law. I saw children aged 8, 9, and 10 years of age playing pin ball, at the next machine an adult was playing a pin ball machine and drinking beer on premises. This 7-11 is open 24 hours a day and is a continous nuisance in the late and early hours with cars honking, turning circles in the highway, etc. At the 7-11 . . PAGE 3 P & Z Minutes December 2, 1976 . OLD BUSINESS ADJOURNMENT . ~ located at 5833 Davis Blvd. there is a penciled sign above the pin ball machine IIBeverages and Cigarettes not permitted in this area". I feel this is the proper committee to ask the City Council to draft an ordinance to prohibit the sale of alcohlic beverages-off premises where gaming machines are premitted. I have a question, "Does Pioneer Oil need and deserve a permit for off premises consumption II. I was present at the 7-11 zoning and did not oppose, but I certainly would have if I had known they were going to be open 24 hours, have pin ball machines and drink- ing on premises. Mr. Wood asked Mr. Barnett if he was speaking for the church, he said, no, he was speaking for himself. Mr. Grubb asked who policed the permits, stores, etc. Mr. Britton replied the Police Department. Mrs. Shaunty asked if the permits would be checked, Mr. Britton answered yes. Mr. Biard moved, seconded by Mr. Grubb to deny PZ 76-21 "due to no show of applicant, proximity of church and feeling of concerned citizens of North Richland Hills". Motion carried 5-0. NONE The meeting adjourned at 8:15 P.M. (¡YLI//I ~ (1) ~ fil~l írlj CHAIRMAN, PLA ING A D ZONING C MISSION ND ZONING COMMISSION