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HomeMy WebLinkAboutPZ 1974-10-24 Minutes . . . CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF THE PREVIOUS MEETING NEW BUSINESS ZONING CASES PZ 74-47 PZ 14-48 APPROVED PZ 14-49 APPROVED MINUTES OF THE MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, 4101 MORGAN CIRCLE, THURSDAY, OCTOBER 24, 1974 The regular meeting of the Planning and Zoning Commission was called to order by the Chairman, Charles Palachek, Jr. at 7:30 P. M. PRESENT: CHAIRMAN VICE CHAIRMAN CHARLES PALACHEK, JR. MARY JO SHAUNTY GENE WELBORN WAYNE STAPLES CITY STAFF PRESENT: DIR. OF P & Z CLERK ALLEN BRONS TAD PAULINE SPAIN ABSENT: SECRETARY DENVER MILLS The minutes of the September 26, 1974 meeting were approved as written, all voting for. Mr. palachek appointed Mr. Welborn as acting secretary due to absence of Mr. Mills. Request of Bobby R. Nowell to rezone Lot 1, Block 1, North Hills Addition from its present classification of Local Retail to a proposed classification of Commercial. This item was temporarily passed as Mr. Nowell was not here. Request of Floyd Farquhar to rezone 1.0 acre tract of land in the T. K. Martin Survey from its present classification of Agriculture to a proposed classification of 1F-9 One Family Dwelling. Mr. Elmer Allison represented Mr. Farquhar. This property was originally included in tract now known as Hillside Subdivision but was sold before Hillside Addition was subdivided. Since one acre zoned Agriculture is nonconforming we were asked by the City Manager to bring it to conforming zoning of 1F-9. After discussion by the commission members Mary Jo Shaunty moved, seconded by Mr. staples to approve PZ 74-48. Motion carried 4-0. Request of Melton W. Rhine to rezone 1.0 acre out of the J. C. McCommas Survey from its present . . . classification of Agriculture to a proposed classification of 1F-9 One Family Dwelling. Mr. Elmer Allison represented Mr. Rhine. This is part of 3 1/2 acre tract owned by Mr. Rhine. We entered in agreement to purchase 1.0 acre and found we could not build on 1.0 acre zoned agriculture. We are asking for zoning change to comply with present ordinance. OPPOSED Mr. Charles Leverton of 7816 Odell Street asked who is purchasing the property, what type of house would be built, would one or more houses be built and any limit as to time given to build. Mr. Allison stated Real Estate Development pur- chased the property. Mr. palachek explained the acre could be subdivided into lots of 9,000 square feet and there is no time limit on build- ing a house. Mr. Leverton stated he chose to go on record as opposing this zoning. After discussion by the commission members Mr. Welborn moved, seconded by Mr. Staples to approve PZ 74-49. Motion carried 4-0. PZ 74-50 APPROVED Request of James Rust to rezone 7.35 acres of the T. K. Martin Survey from its present class- ification of Agriculture to a proposed class- ification of Multiple Family. Mr. Marion Massey, 1601 Airport Freeway, 16111 represented Mr. Rust. Mr. Rust desires to build 1, 2, and 3 bedroom luxury apartments. The pro- perty is not feasible for 1 family dwelling. The property is long and narrow with space for only one street. Residents would have to go in and come out the same street. With no turn around it would be a dead end street. The land cost is excess of 150,000 and with added expenses for 1 family dwelling it would make lot costs prohibitive. One family dwelling plan was disapproved by the City Manager. After discussion by the commission members Mrs. Shaunty moved, seconded by Mr. Welborn to approve PZ 74-50. Motion carried 4-0. PZ 14-51 DENIED Request of North Richland Development Corporation and Burger King Corporation to rezone the North- east 70 feet of Lot 11A and all of Lots 12A and 13A, Block 11 of North Richland Hills Addition from its present classification of Local Retail to a proposed classification of Commercial. PZ 74-52 DENIED Request of North Richland Development Corporation to rezone all of lots 11A, 12A, 13A, 14A and 16A, . Block 5, North Richland Hills Addition from its 'present classification of Local Retail to a proposed classification of Commercial. This property is located on West side of Grapevine Highway, 7200 & 7300 Block. Mr. Joe Drummond represented Richland Developers and Burger King stating the purpose for rezoning is to bring property in compliance with zoning ordinance of North Richland Hills. Brake 0, Wester Auto Shop and service station under pre- sent ordinance are non-conforming. We have owned property since North Richland Hills has been here. Present tenents will not change. We are presently negotiating for carpet company to occupy area formerly occupied by Western Auto. OPPOSED . Mr. Arnold Pitchford 4500 Cummings What do they plan on putting there? It is filthy at present time. We are afraid they will put a used car lot there. We don't want that behind us. We want to protect our own property. If this goes commercial will he have to put up screening fence? Mr. Welborn answered, yes, within a reason- able length of time. Mr. Drummond stated he could not speak for Burger King. They are not rezoning property Burger King is occupying, only Northeast 70 feet of Lot 11A to be purchased by North Rich- land Developers. Mr. S. K. Baker 4400 Cummings Drive Mr. Baker read from zoning ordinance concerning lights, signs, fences and noise. He stated Brake o doesn't fit in any category and he checked with Mrs. Bolton and found no specific use permit had been issued. The lights at Burger King are on until midnight and the lighted sign at Brake 0 stays on all night. He requested the zoning remain Local Retail and the owners and developers of said property be notified of violation to date. Approximately 30 people were in opposition. Mrs. Don Ryan 4408 Cummings Drive Brake 0 and Burger King garbage receptacle is directly behind my house. They never clean around it, and garbage is piled so high it blows over into my yard. .' Mr. C. C. Maze 4312 Cummings Drive We were promised by representative of this corp- oration to grade and black top alley. Present time it is impossible to drive down the alley. . They put an 8 inch fill across natural drain- age causing a drainage problem on our property. I feel the zoning should stay same and the developer should repair alley and take care of drainage problem. Mr. staples asked who the camper belonged to that is parked in back yard. Mr. Cooper of 4304 Cummings Drive said it was his and he parks it there to keep it off the street. Mr. staples stated if they put a fence up he could no longer put the camper in his back yard. Mr. Cooper said he was not interested in having a fence put across his yard. Mr. Baker again spoke saying "I may be wfong but I understand the property line pins that are buried in the alley are in the center of the alley. In one case the developer tried to cut 30 feet off back property line so they could have easement. The shopping center is built so close to alley they can not put alley on their side if they go to the property line pins in center of the alley. Your city surveyor can confirm this." Sherril Maze . Mr. Drummond asked if he might answer some of the questions brought up tonight. First he clarified Burger King is not in question; only the 70 feet to be purchased by the developers. The alley way is private property not a public thoroughfare. Public utility easements are in alley. Property has been surveyed several times, on ground. Fences existing along 16A are along property lines. All buildings were built under city permits and inspections. If we were in error we did not realize it. We came for a per- mit to build a building and were told we were non conforming. We were not knowledgeable we were non conforming. We were told to file for rezoning. PZ 74-51 After much discussion by the commission mem- bers Mrs. Shaunty moved, seconded by Mr. Staples to deny PZ 74-51. Motion carried 2-1, with Mr. Palachek voting against and Mr. Welborn abstaining. PZ 74-52 After much discussion by the commission mem- bers Mrs. Shaunty moved, seconded by Mr. Staples to deny PZ 14-52. Motion carried 2-1 with Mr. Palachek voting against and Mr. Welborn abstaining. . . Mrs. Shaunty stated "I feel like if we had made this Commercial like some of the discussion has been maybe it would up grade some of it and the city would have more control over it, but I feel it might open up more of a problem. I think something could be worked out, I think there is an answer to this; I am not sure what it is. I feel right now there are problems there and by us going on and putting it into Commercial that it is not going to take care of it. I feel like we do have some non conforming use here. This was done long before we had zoning ordinance and I can see why they are non conforming and we end up with problems of what to do with it. I know what you neighbors are going through. I would probably feel the same way. I realize this area being on highway, it is local retail and commercial property. I feel like if he wants to do something with this lot that he could come in then stating what he wants to do and if he needs commercial zoning on it then, then he could go through and file for commercial zoning at that time. If we zone it commercial it opens it up to a wide area." . Mr. Staples stated "I feel like there is a lot more to this than what we are really seeing. I really think you have more problems than just zoning problems and that is one reason I voted against it because I wanted to see you take the problems some place else beside zoning board." PZ 74-53 APPROVED Request of Charles L. Owen to rezone all of Tract A, Block 2 and a portion of Tract A, Block 1, Sunnybrook Addition from its present class- ification of Agriculture to a proposed class- ification of 1F-12 One Family Dwelling. Mr. Frank Proctor, Director of Development for Mr. Owens presented this request. After discussion by the commission members Mr. Welborn moved, seconded by Mrs. Shaunty to approve PZ 14-53 with the stipulation that the minumum size house is 1800 square feet. Motion carried 4-0. PS 14-26 APPROVED Sunnybrook Addition - Preliminary & Final Plat. Aft'er discussion by the commission members Mr. Welborn moved, seconded by Mr. Staples to approve PS 74-26 subject to engineers comments. . PZ 74-54 DENIED Request of Richland Enterprises to rezone 2.3 acres from the J. M. Van Dusen Survey, Abstract 1588 from its present classification of 1F-12 One Family Dwelling to a proposed classification of Multiple Family. . PZ 14-55 DENIED Request of Richland Enterprises to rezone 36.0 acres of the Van Dusen Survey from its present classification of 1F-12 One Family Dwelling to a proposed classification of 1F-9 One Family Dwelling. PZ 14-56 ~NmD Request of Richland Enterprises to rezone 3.7 acres of the Van Dusen Survey from its present classification of 1F-12 One Family Dwelling to a proposed classification of 2F-9 Two Family Dwelling. PZ 74-57 DENIED Request of Richland Enterprises to rezone 26.2 acres of the R. P. Barton Survey from its pre- sent classification of Agriculture to a pro- posed classification of 1F-9 One Family Dwelling. . Mr. Calvin Luper 5009 Eldorado represented Richland Enterprises. Mr. Luper taped a plat to the wall and showed and explained to the audience where each zoning request was located. He stated PZ 14-55 would have a minumum of 1500 square feet and PZ 14-51 would have a minimum of 1800 square feet. OPPOSED Mr. John H. Vaughn 6401 Tosca Drive, Haltom City. I have been coming to meetings for 5 years. I want single family to stay but feel it should be stipulated the minimum be 1800 square feet from Diamond Loch Unit 2 on up. Mr. Gene w. Curry 4609 Suncrest Drive. We feel the minumum should be same as ours. Some homes in area have 2300 square feet. 1500 square foot minimum is like night and day. We want to protect what we have. Mr. Ed Whites We want to protect the value of our homes. We request a minimum of 2000 square feet. Mr. Doyle Frieman 4500 Castle Combo Place. . Mr. Buck Gafford, Jr. 6400 Tosca Drive I am extremely ill. My home is paid for and I plan to live out my life at this residence. I personally want to see this zoning comparable to mine. ~ . Mr. Charles Yates 6632 Tabor I have a petition signed by everyone except one on Tabor street and most on Briley Drive, (55 total). These people are opposed to 2F-9 and Multiple Family zoning. When I purchased my home the surrounding property was zoned 1F-12. I would not have purchased if I had known it was to be 2F-9 or Multiple Family. This rezoning would decrease the value of our property and I feel the commission should keep this in mind. There are too many vacant apart- ments allover the city. I had rather have a vacant lot behind me rather than vacant apart- ments. Home owners take more pride in their property than renters do. This property behind me was mowed only once all year and that was after I called the City Hall twice. Mr. Paul Duckett 6540 Tabor I am opposed to Multiple Family. Renters do not care for property like homeowners. . Mr. Fred Dorsett 6620 Tabor I bought my home three months ago. The property around me was zoned 1F-12. I would like it to stay the same. I take great pride in my home and try to keep it looking nice. I have mowed behind my property twice since I have been there. I am against any zoning other than 1F-12. Mr. Bill Ernst 6612 Tabor We fought this type of zoning years ago. They promised the street behind Tabor would be single family, then 2 family, then Multiple family. I am opposed to anything other than single family zoning. Mr. Frank Deavers 6706 Tabor Mr. Curry stated the plans presented have no consideration for property owners around. The plans are sub-standard, down grading every zoning. I request you turn down all four requests. Mr. Woody Hill 6601 Briley Mr. John Pennington 6605 Briley Mr. J. D. Wilcox 6613 Tabor PZ 74-54 After much discussion by the commission members Mrs. Shaunty moved seconded by Mr. Staples to deny PZ 74-54. Motion carried 4-0. . ~ PZ 74-55 After much discussion by the commission members Mrs. Shaunty moved, seconded by Mr. Welborn to deny PZ 74-55. Motion carried 4-0. . PZ 74-56 After much discussion by the commission members Mr. Staples moved seconded by Mr. Welborn to deny PZ 74-56. Motion carried 4-0. PZ 74-57 After much discussion by the commission members Mrs. Shaunty moved, seconded by Mr. Welborn to deny PZ 74-57. Motion carried 4-0. Mr. Palachek stated the reason for denial of the last four requests is property is almost totally landlocked with larger homes and 2F-9 and Multiple Family are not compatiable to this area. MARY JO SHAUNTY LEFT AT 10:45 PZ 74-47 DENIED Request of Bobby R. Nowell to rezone Lot 1, Block 1, North Hills Addition from its present classification of Local Retail to a proposed classification of Commercial. . Mr. D. Bellew presented this request stating Mr. Nowells company has a potential opportunity with a drive-in establishment which requires delivery of food to automobile after order is placed over electronic speaker system. OPPOSED Mr. Wm. H. Ison 5601 Dent Road I try to keep my home up. Commercial zoning would allow almost anything. I oppose this re- quest very much. Mrs. Margaret King 5429 Palmer, Haltom City I oppose having another eating place across the street from me. There is a traffic hazard now with the Dairy Queen there. After discussion by the commission members Mr. Welborn moved, seconded by Mr. Staples to deny PZ 74-47. Motion carried 3-0. Mr. palachek stated the reason for denial is because this request is so close to our present Local Retail zoning the commission feels the best avenue of approach to'· this is to go to Board of Adjustment for variance rather than open the property to "COMMERCIAL" zoning. . PS 74-21 TABLED stonybrooke Addition - Replat . . . ~ Mr. Welborn moved, seconded by Mr. Staples to table this request until next month as there was no one here to present it. PS 14-22 APPROVED Request of Richard W. Russell for preliminary plat of Northglen Subdivision. Mr. Gordon Swift 422 Commerce Building, Fort Worth presented this request. After discussion by the commission members Mr. Welborn moved, seconded by Mr. staples to approve PS 14-22 subject to engineers comments. Motion carried 3-0. PS 14-24 APPROVED Briarwood Estates - Third Filing - Final Plat Mr. O. D. Long presented this request. After discussion by the commission members Mr. Staples moved, seconded by Mr. Welborn to approve PS 14-24 subject to engineers letter. PS 74-25 APPROVED Crestwood Estates - Final Plat Mr. o. D. Long presented this request for Mr. John Barfield who was in the audience. After discussion by the commission members Mr. Welborn moved, seconded by Mr. Staples to approve PS 74-25 in compliance with engineers requirements. Motion carried 3-0. APPOINTMENT OF MEMBER TO ATTEND COUNCIL MEETING OF NOVEMBER 25, 1914 ADJOURNMENT Mr. Gene Welborn will attend council meeting. The meeting adjourned at 11:45 P. M. October 24, 1 974 t PLANNING AND ZONING OMMISSION ~~~ SECRETARY, PLANNING AND ZONING COMMISSION