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HomeMy WebLinkAboutCC 1986-07-28 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JULY 28, 1986 - 7:30 P.M. 1. CALL TO ORDER Mayor Echols called the meeting to order July 28, 1986, at 7:30 p.m. Present: Dan Echols Richard Davis Dick Fisher Marie Hinkle Mack Garvin Virginia Moody Harold Newman Jim Ramsey Staff: Rodger N. Line Patricia Hutson Rex McEntire Lee Maness Richard Albin Don Bowen Members of the Press Absent: Dennis Horvath Jeanette Rewis Gene Riddle John Wh itney Richard Royston 2. ROLL CALL Mayor Mayor Pro Tern Councilman Councilwoman Councilman Councilwoman Counci lman Councilman City Manager Asst. City Secretary Attorney Finance Director City Engineer Planning & Zoning Member Assistant City Manager City Secretary Public Works Director Purchasing Agent Director of Planning 3. INVOCATION Mayor Pro Tern Davis gave the invocation. 4. MINUTES OF THE REGULAR MEETING JULY 14, 1986 APPROVED Councilman Fisher moved, seconded by Councilman Garvin, to approve the minutes of the July 14, 1986 meeting. July 28, 1986 Page 2 Mayor Pro Tern Davis stated that although he was not present at the meeting, in reading the minutes, on page 4 there was a comment concerning Councilman Ramsey regarding an accusation made to the applicant. Mayor Pro Tern Davis stated that all of the Council had received correspondence concerning the accusation of Councilman Ramsey calling someone a thief and it was proven that Councilman Ramsey in fact did not do that. Mayor Pro Tern Davis stated he felt it was a very strong accusation to make against someone, especially a colleague, and a retraction from the applicant had not been received by the Council. Mayor Pro Tern Davis stated that for the record he would like to show that it was proven to him that Councilman Ramsey did not make that statement. Motion carried 6-0; Mayor Pro Tern Davis abstaining due to absence from the meeting. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None 6. CONSENT AGENDA ITEM (S) INDICATED BY ASTERISK (12, 14, 16, 17, & 18) APPROVED Councilwoman Hinkle moved, seconded by Councilman Newman, to approve the Consent Agenda. Motion carried 7-0. 7. PZ 86-17 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF FRANK B. HOLLAND TO REZONE A PORTION OF TRACT 2, J. CONDRA SURVEY, ABSTRACT 310 FROM AG TO R-2 (LOCATED NORTH OF STARNES ROAD IMMEDIATELY WEST OF THE KINGSWOOD ADDITION AND SOUTH OF THE LONDONDERRY ADDITION) Mayor Echols stated that if the Council had no objections, the applicant had requested that the Appeal Hearing - Public Hearing for PZ 86-18 also be opened with the Public Hearing for PZ 86-17. Mayor Echols opened the Public Hearings for PZ 86-17 and PZ 86-18 and called for anyone wishing to speak in favor of these requests to please come forward. Mr. Doug Gilliland, Division Manager with Holland West, Inc., appeared before the Council. Mr. Gilliland stated they were requesting zoning changes on two separate tracts of land, totaling 72 acres, currently zoned Agriculture. Mr. Gilliland stated they were requesting approximately 39 acres be rezoned July 28, 1986 Page 3 R-2 and 33 acres be rezoned R-3. Mr. Gilliland stated their proposal in these areas would exceed the minimum square footage that the ordinance required for these areas and they were also placing a stipulation on portions of these tracts that would require a side or rear entry garage. Mr. Gilliland stated they had talked with the landowners and the City Council and tried to take into consideration the feelings of those affected. Mr. Gilliland stated they feel these requests represent the best use for the property. Mr. Gilliland stated they felt the zoning they were requesting would make the land compatible with the surrounding property and the quality of the development they were planning would enhance the direct neighborhood and the City in general. Mr. Gilliland handed out to the Council maps showing what was being requested and the relationship of the property to surrounding property. Mr. Gilliland stated on the first request they were proposing side and rear entry garages on the portion bordering the property on the north and also on the property bordering Holiday Lane. Mr. Gilliland explained what type of property bordered the second zoning request. Mr. Gilliland stated that there would be approximately 126 lots that would be 7,500 square feet and the lots throughout would have a minimum house of 1,600 square feet. Mr. Gilliland stated that in addition they were proposing the property on the north be a minimum of 1,800 square feet with side and rear entry garages and the lots bordering the R-2 area have a 1,700 square foot minimum. Mr. Gilliland stated the major entry points and the perimeter areas would be landscaped, the subdivision would have a curbilinear design as opposed to a tract design in regards to streets, mail boxes would be brick or stone veneer, there would be underground utilities and the homeowners would have the opportunity to have gas. Mr. Gilliland stated there would be strong deed restrictions in an effort to attract custom builders. Mr. Gilliland stated he felt when this area was finished it would be comparable to the surrounding area and that the R-3 area as proposed would have homes larger than the surrounding area with stronger controls. Councilman Fisher asked for the definition of curbilinear. Mr. Gilliland stated curbilinear design cuts down on the overall density and creates more harmony to the eye. Councilwoman Moody asked if he would be willing to go R-2 on the R-3 request as well. Mr. Gilliland stated no. Councilwoman Moody asked for his reasons. Mr. Gilliland stated that when an 1,800 square foot home is placed on an R-2 or R-1 lot in that area the costs go up dramatically, which ultimately equates into a sales price that the consumer has to pay. Councilwoman Moody stated that Mr. Gilliland was controlling the environment and she could not understand why he would not build all R-2. Mr. Gilliland stated he was trying to make R-3 compatible not only with the R-2 but also with the surrounding area. July 28, 1986 Page 4 Councilwoman Hinkle asked Mr. Gilliland what he thought the R-3 and R-2 lots would sell for. Mr. Gilliland stated that the R-3 lots in Foster Village sold for $20,500 and Western Oaks would be higher. Councilwoman Hinkle asked if he did not feel with that price of a lot, that builders who built on R-3 lots would build larger than 1,600 square feet to make a profit. Mr. Gilliland stated yes, he felt there would be a variety of homes. Councilman Ramsey stated that Mr. Gilliland's answer to Councilwoman Hinkle's question contradicted what he said to Councilwoman Moody. Mr. Gilliland stated that as lots get bigger the cost per lot in terms of production goes up. Councilman Garvin asked if the lot sizes would be larger for the 1,800 square foot houses with side and rear entry garages on the R-3 request. Mr. Gilliland stated that to accommodate the rear and side garages it would have to be larger. Mayor Echols asked about the routing of Douglas Lane. Mr. Gilliland stated he had talked with the property owner to the north and had indicated to him that as far as their plans were concerned if the road was not cut through and a T was created to bring it back out, their plans would not be affected. Mayor Echols asked if he had a means of doing that even though it was not shown on the plans. Mr. Gilliland stated yes, but they would not change their plans until the City gave them some direction. Mayor Pro Tern Davis stated that Mr. Royston had conveyed to him that Douglas Lane would come up to the north and the street going west, out to the existing Douglas Lane, would be a T section and would not bisect Mr. Wells property. Mayor Pro Tern Davis stated this would be taken care of in the platting process. Mayor Echols stated that there was a legal petition on each of these requests and it would require a three-fourths majority vote of the Council. Mayor Echols called for anyone wishing to speak in opposition to these requests to please come forward. Dr. Thomas Duer, 7312 Londonderry, appeared before the Council. Dr. Duer stated that he was Vice President of the Green Valley Homeowners Association. Dr. Duer stated the impression he received from the Council was that it was unrealistic to ask for this land to remain R-2 even though it was next to R-1 land. Dr. Duer presented a slide presentation to the Council which showed homes in Londonderry, different subdivisions that July 28, 1986 Page 5 Holland had developed, and the problems he felt were associated with front and rear entry garages, i.e. more clutter, cars, boats, etc. Councilman Ramsey called for point of order and requested that a vote be taken to determine if the proceedings were relevant to the case. Council voted 6-1 against continuing; Mayor Pro Tern Davis, Councilwoman Hinkle, Councilmen Newman, Fisher, Ramsey and Garvin voting against and Councilwoman Moody voting to continue. Dr. Duer stated he did not understand why a R-3 home should be next to an R-1 area. Dr. Duer stated that Meadow Lakes, Diamond Loch, and Park Ridge Estates had been protected and asked why the only R-1 area in the northern part of North Richland Hills could not obtain the same respect. Mr. Paul Herman, 7725 Douglas Lane, appeared before the Council. Mr. Herman stated the property surrounding his had been deed restricted to 1,800 square feet minimum. Mr. Herman stated his house was in excess of 2,000 square feet and he would be hurt by the small houses being built across the street. The following people indicated to the Council that they were against these zoning requests: Ms. Janet Lipar, 7813 Aubrey Lane; Mr. Scott B. Davis, 7820 Aubrey Lane; Mr. John Range, 7813 Aubrey Lane; Jeff and Diane Rogers, 7817 Aubrey Lane; Mr. and Mrs. M.L. McCormick, 7809 Aubrey Lane; Mr. and Mrs. Jim Neighbors, 7701 Aubrey Lane. Mr. Michael Salesman, 7717 Aubrey Lane, appeared before the Council. Mr. Salesman stated that it had been said that the developer contacted all of the homeowners adjacent to the property, but he lived along the property and was never contacted. Mr. Salesman stated the only information he had been able to receive was from the Green Valley Homeowners Association. Mr. Salesman stated that one of the qualities of the property was that it was heavily wooded. Mr. Salesman stated that R-3 zoning would allow smaller homes on smaller lots which would eliminate a number of trees. Mr. Salesman stated his home was 1,700 square feet and the smaller houses would hurt the value of his property. Mayor Pro Tern Davis explained to Mr. Salesman that all the homes next to his would be 1,800 square feet and this would not change until Douglas Lane. Mr. Salesman stated he was mistaken where the smaller houses started. Mayor Pro Tern Davis stated he was concerned that if the lots were restricted to side and rear entry garages, it would add more concrete and the trees would be eliminated. Mr. Glenn Nerwin, 7724 Aubrey Lane, appeared before the Council. Mr. Nerwin asked why the R-2 could not be continued further west and there be a narrow buffer. Mr. Nerwin asked if the developer felt R-3 was needed July 28, 1986 Page 6 in the development why could it not be one block and the same thing on the north side. Mr. and Mrs. Samuel Kitching, 7836 Waterford Lane, indicated to the Council their opposition to these requests. Mr. Marvin Smith, 7609 Douglas Lane, appeared before the Council. Mr. Smith stated he was not opposed to the development. Mr. Smith stated he realized it was hard to develop the property as R-1 because of today's high land and developments costs, however, he did not see why it could not be developed R-2, 1,800 square feet minimum throughout. Mr. Smith stated he was concerned with what went into the City. Mr. Smith stated there were certain areas left in the City that R-3 zoning would fit, but this was not one of them. Mr. Smith stated he could go along with R-2, 1,800 square feet and that he felt some of the outer edges needed to be side and rear entry garages. Mr. Smith stated that 1,600 square foot homes in R-3 zoning were not a bad size, but the problem was there were always a couple of bad apples in 1,500 and 1,600 square foot homes. Mr. Smith presented pictures to the Council of unsightly homes and stated that this could be found in any subdivision with 1,500 to 1,600 square foot homes. Mr. Smith stated he felt 1,750-1,800 square foot was the breaking point where 99 1/2 percent of people in a subdivision at least maintained their homes. Mr. Smith stated he felt the developer could live with R-2 zoning on the whole project. Councilman Ramsey asked Mr. Smith if he was saying, as a builder and a citizen, he could not support what was being proposed and was recommending denial. Mr. Smith stated yes, he felt the developer could go with the R-2 zoning with a 1,750 square foot minimum. Mr. Smith stated that with the R-3 zoning the developer would get more lots and more profit but he felt they were asking for R-3 on the west side because they felt the Council would buy it. Mr. Ray Roberts, 7900 Douglas Lane, appeared before the Council. Mr. Roberts stated he was in opposition to the zoning. Mr. Roberts stated he could live with R-2 if the entire tract was developed in that manner with good judgment. Mayor Echols called for anyone else wishing to speak in opposition to these requests to please come forward. There being no one else wishing to speak, Mayor Echols closed the Public Hearings. 8. ORDINANCE NO. 1374 APPROVED Councilman Garvin stated that what was being proposed by the developer was not what he originally proposed. Councilman Garvin stated the minimum July 28, 1986 Page 7 square footage had been increased in both areas, side and rear entry garages had been added, and that he had tried to compromise in a fashion where it could be worked out equitably to the homeowners and his development. Mr. Gilliland stated he would like to point out, in their attempt to try to work with the homeowners, one of the suggestions that Council made was that R-1 lots border Londonderry. Mr. Gilliland stated that if Council were to make that stipulation they would be willing. Councilman Garvin moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 1374 with the following stipulations: all houses in the subdivision to have a minimum of 1,800 square feet, all construction on the northern boundary to have side or rear entry garages, and all construction facing Holiday Lane to be side or rear entry garages. Councilwoman Moody asked Councilman Garvin if he would amend the motion to include all side and rear entry garages in the subdivision. Councilman Garvin stated no. Councilman Ramsey stated he wanted to compliment the five council persons he knew of who had worked on these requests in an effort to bring them to a conclusion. Councilman Ramsey stated he appreciated the homeowners and Dr. Duer and thanked everyone for their concern. Councilwoman Moody asked Councilman Garvin if he would amend his motion to R-1 adjoining Londonderry and R-1 that faces the now existing Douglas across from the Smith property and the other large houses. Councilman Garvin stated no. Motion carried 6-1; Mayor Pro Tern Davis, Councilwoman Hinkle, Councilmen Newman, Fisher, Ramsey and Garvin voting for; Councilwoman Moody voting against. 9. PZ 86-18 PLANNING & ZONING - PUBLIC HEARING - APPEAL HEARING - REQUEST OF HOLLAND CORPORATION TO REZONE A PORTION OF TRACT 2, J. CONDRA SURVEY, ABSTRACT 310, FROM AG TO R-3 (LOCATED ON THE VACANT TRACT LOCATED ON THE EAST SIDE OF DOUGLAS LANE SOUTH OF BURSEY ROAD) Heard in conjunction with Item No.7. 10. ORDINANCE NO. 1385 APPROVED Councilwoman Moody moved to deny Ordinance No. 1385. Motion to deny died for lack of a second. July 28, 1986 Page 8 Councilwoman Hinkle moved to approve Ordinance No. 1385. Councilman Garvin moved to amend Councilwoman Hinkle's motion to state with the following stipulations: all construction on the northern boundary to be 1,800 square feet minimum with side and rear entry garages, all construction on eastern boundary to be 1,700 square feet minimum and remaining construction to be 1,600 square feet minimum. Councilman Davis seconded the amended motion. Councilwoman Hinkle approved the amendments. Amended motion carried 6-1; Mayor Pro Tem Davis, Councilwoman Hinkle, Councilmen Newman, Ramsey, Garvin, Fisher voting for; Councilwoman Moody voting against. RECESS Mayor Echols called a recess. BACK TO ORDER Mayor Echols called the meeting back to order with the same members present as recorded. Councilman Ramsey stated it was his understanding, although it was not in the motion, that the applicant agreed to R-1 on the border and as far as he was concerned that was a part of the motion. Mayor Pro Tem Davis stated he disagreed. Mayor Pro Tem Davis stated the motion was for R-2 specifically. Mayor Pro Tem Davis stated that Councilwoman Moody had asked Councilman Garvin if he would include R-1 in his motion and he stated he would not. 11. PZ 86-27 RECONSIDERATION OF ORDINANCE NO. 1382, REQUEST OF NASSAR SHAFIPOUR TO REZONE LOT B1-A, HOLIDAY MOBILE HOME PARK AND LOT 1, BLOCK 3, RED GATE ADDITION FROM C-1 (COMMERCIAL) TO C-2 (COMMERCIAL) (LOCATED AT THE SOUTHEAST CORNER OF MOCKINGBIRD LANE AND DAVIS BOULEVARD) (DENIED AT THE JULY 14, 1986 MEETING) Mayor Echols stated that the applicant had expressed his desire to have only the shopping center area rezoned to C-2 and did not desire to have the northern section across from Mockingbird Lane rezoned. Councilwoman Hinkle moved, seconded by Councilman Garvin, to reconsider Ordinance No. 1382 on August 25, 1986. Councilwoman Hinkle stated she felt that because of the language barrier and the lack of presentation she felt it should be brought back up. July 28, 1986 Page 9 Councilman Ramsey stated if he had known that the original intention was to ask for another classification he would not have voted for the original zoning. Councilman Ramsey stated he hoped the Council would stand behind its original decision and deny rehearing the Ordinance. Motion carried 4-3; Councilwoman Hinkle, Councilmen Newman, Fisher and Garvin voting for; Councilwoman Moody, Mayor Pro Tem Davis, and Councilman Ramsey voting against. Councilman Newman stated he wanted to point out that he felt this case needed to be brought back because he did not feel the applicant received a fair chance to present his case before the Council. *12. GN 86-75 ORDINANCE REGULATING PAWNBROKERS, SECOND HAND DEALERS AND JUNK DEALERS - ORDINANCE NO. 1384 APPROVED 13. GN 86-76 APPROVING THE PAYING AGENT/REGISTRAR AGREEMENT WITH TEXAS AMERICAN BANK, FORT WORTH - RESOLUTION NO. 86-33 APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Newman, to approve Resolution No. 86-33. Motion carried 7-0. *14. GN 86-77 PROPOSED WRITE-OFF; DELINQUENT PERSONAL PROPERTY TAX ACCOUNT APPROVED 15. GN 86-78 AUTHORIZING THE ISSUANCE OF 1986 SERIES GENERAL OBLIGATION BONDS IN THE AMOUNT OF $6,000,000 - ORDINANCE NO. 1386 APPROVED Councilman Ramsey moved, seconded by Mayor Pro Tem Davis, to approve GN 86-78. Motion carried 7-0. *16. GN 86-79 PROPOSED USE PUBLIC HEARING APPROVED July 28, 1986 Page 10 *17. GN 86-80 APPROVAL OF PLANS AND SPECIFICATIONS FOR POLICE STATION AND COMMUNITY CENTER/LIBRARY BUILDING APPROVED *18. PW 86-22 RATIFICATION OF PURCHASES OF RIGHT-OF-WAY FOR WATAUGA ROAD IN THE AMOUNT OF $26,000 TO KROGER COMPANY APPROVED 19. CITIZEN PRESENTATION Mr. Douglas Davis, 6204 Abbott, appeared before the Council. Mr. Davis stated he was a member of the Parks and Recreation Board. Mr. Davis stated that the Bah'i World Peace Movement had donated 120 trees to the Parks Department in their efforts to promote world peace. Mr. Davis stated that on July 19th the members of the Parks Board and the Mayor planted a ceremonial tree in Northfield Park. Mr. Davis expressed his gratitude to the Bah'i World Peace movement. Mr. Davis stated that vandals had already destroyed eight of these trees and that they had had numerous other problems with vandals in the City Parks. 20. ADJOURNMENT Mayor Pro Tem Davis moved, seconded by Councilman Newman, to adjourn the meeting. Motion carried 7-0. ~ &Jura Mayor ATTEST: ~~æ; /V~ SSlstant City Secretary