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HomeMy WebLinkAboutCC 1983-01-10 Minutes ITEM ENACTMENT OF NEW ZONING ORDINANCE SMITHFIELD ACRES SANITARY IMPROVEMENTS SALE OF CITY OWNED PROPERTY . NOTES ON PRE COUNCIL MEETING JANUARY 10, 1983 6:00 P.M. PRESENT: Dick Faram Jim Ramsey Jim Kenna J.C. Hubbard Harold Newman Dick Fisher Richard Davis Marie Hinkle Rodger Line Dennis Horvath Gene Riddle Mayor Mayor Pro Tern Councilman Councilman Councilman Councilman Councilman Councilwoman City Manager Assistant City Manager Director Public Works DISCUSSION Councilman Davis discussed the proposed new zoning ordinance and the timetable for review and implemen- tation. January 14 - A copy will be available to all interested citizens and agencies. February 1 - A work shop has been scheduled with developers and any other interested citizen. February 3 - The committee will meet with the Planning and zoning Commission for the purpose of discussing revision of the zoning map. February 17 - A combined Planning and zoning and City Council Work Shop has been scheduled. Rodger Line explained the sewer improvements that will be completed in Smithfield Acres and the change in the bid price. This item is on the Consent Agenda. This item was discussed by Rodger Line and pertains to the sale of excess city property located adjacent to the park on Emerald Hills Way. After discussion it was decided that this item should be postponed until the next Council Meeting. This item was removed from the Consent Agenda. ASSIGNMENT Gene Riddle please take all necessary follow- up action regarding distr ibution of draft ordinances, advertising of workshops and hearings, notifica- tions, etc. Jeanette Moore Advertise Meeting N/A Dennis Horvath/ John Whitney Prepare location map for distribution with Council Packet for January 24th Meeting. ____...._~_....._.._.,__._~___.~___,_~__._.~_..,~".~~'M"'__~~"~"_~'___"____'_ _ Pre Council Meeting 1.nuary 10, 1983 ~_ age 2 ITEM GLENVIEW CHANGE ORDER CONSENT AGENDA PROCEDURES DISCUSSION The need for an additional storm drain and the cost was explained by Gene Riddle. Jim Kenna had several questions regarding the cost of curb replacement on Glenview. This was explained by Gene Riddle and Rodger Line. Rodger Line explained how the Consent Agenda Procedures will work in accordance with the adopted Council Rules and Procedures. Generally, Consent Agenda items will be considered and approved with one motion. Any item listed on the Consent Agenda may be removed by any Council- person for any reason. This need not be made in the form of a motion, merely a request to the Mayor during the meeting to remove an item number from those listed on the Consent Agenda. ASSIGNMENT N/A N/A 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 JANUARY 10, 1983 - 7:30 P.M. 1. Mayor Faram called the meeting to order January 10, 1983, at 7:30 p.m. 2. Present: Dick Faram Jim Ramsey Jim Kenna Richard Davis J. C. Hubbard Dick Fisher Harold Newman Marie Hinkle Mayor Mayor Pro Tem Councilmen Councilwoman Staff : Rodger Line Jeanette Moore Dennis Horvath Gene Riddle City Manager City Secretary Assistant City Manager Director Public Works- Utility City Attorney City Engineer Rex McEntire Richard Albin Planning and Zoning Members: Margie Nash Don Bowen Press: Les Harper Jeff Yeats Star Telegram Mid Cities 3. Councilman Davis introduced Reverend Dewayne Greene, Birdville Baptist Church, who gave the invocation. 4. Coµncilman Hubbard moved, seconded by Mayor Pro Tem Ramsey, to approve the minutes of the special meeting December 14, 1982. Motion carried 5-0; Councilwoman Hinkle and Councilman Fisher abstaining due to absence from the meeting. Mayor Faram advised the Council that he had received a letter from Mr. Earnest Hedcoth requesting that item 18 and 19 be withdrawn, with the understanding should they wish to reapply, would go through the procedures including the expense. 5. Councilman Kenna requested that Item #29 be removed from the consent agenda. Mayor Faram stated that item #11 referred to Item #22 and asked that #11 be withdrawn and considered after #22 had been heard. CALL TO ORDER ROLL CALL INVOCATION CONSIDERATION OF MINUTES OF THE SPECIAL MEETING - DECEMBER 14, 1982 APPROVED CONSIDERATION OF REMOVING ITEM (S) FROM THE CONSENT AGENDA 6. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to approve consent agenda items #8, 9, 10, 27, 28, 30 & 31. Motion carried 7-0. 7. Mayor Faram presented a Five Year Certificate and Service Pin to Ken Vise, Gary Ingram and Novis Stephens in appreciation of five years of service in the Fire Department. *8. Mayor Faram appointed Mr. Howard Nix to the Park and Recreation Commission and asked the Council to confirm the appointment. Councilman Davis moved, seconded by Mayor Pro Tem Ramsey, to confirm the Mayor's appointment of Mr. Howard Nix. Motion carried 7-0. January 10, 1983 Page 2 CONSIDERATION OF CONSENT AGENDA ITEMS INDICATED BY ASTERISK (ITEMS #8, 9, 10, 11, 27, 28, 29, 30 & 31) PRESENTATION OF FIVE YEAR CERTIFICATE AND SERVICE PIN TO KEN VISE, GARY INGRAM AND NOVIS STEPHENS - FIRE DEPARTMENT CONSIDERATION OF APPOINTMENT TO THE PARK AND RECREATION COMMISSION APPROVED *9. PLANNING & ZONING PS 82-62, REQUEST OF ALCO DEVELOPMENT COMPANY FOR REPLAT OF LOTS 4R-6R, BLOCK 14, NORTH HILLS ADDITION (LOCATED AT BEWLEY AND TOURIST) APPROVED *10. PLANNING & ZONING PS 82-64, REQUEST OF EARL C. BAKER FOR SHORT FORM PLATTING OF LOT 1, BLOCK 1, EARL BAKER ADDITION (LOCATED ON THE SOUTH SIDE OF AMUNDSON AT EDEN ROAD) APPROVED *11. To be heard after item #22. 12. Mayor Faram Opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. John Gray, Euless, appeared before the Council. Mr. Gray stated they planned to build a full service car wash and also sell gasoline. Mr. Gray stated it would be the type of car wash were the customer pulled in and the attendants would clean the inside of the car, wash it and fill it with gar. Mr. stan Itzkowitz, representing the owner of the adjacent property, appeared before the Council. Mr. Itzkowitz stated they had no objections to the zoning request, they would like to see the property developed. Mayor Faram called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 13. Councilman Hubbard moved, seconded by Councilman Kenna, to approve PZ 82-28, Ordinance No. 994. Motion carried 7-0. 14. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Tommy Masterson, 8551 Mediterranean, Dallas, Vice President North Texas Dining, Incorporation, appeared before the Council. Mr. Masterson stated he would like to request a Specific Use Permit for the sale of alcoholic beverages at his restaurant. Mr. Masterson stated that if the request was approved the permit would be in the name of Peter G. McQuire. Councilman Hubbard asked who Peter G. McQuire was. Mr. Masterson stated Mr. McQuire was the owner of the corporation. Mayor Faram called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. January 10, 1983 Page 3 PLANNING & ZONING PUBLIC HEARING PZ 82-28, REQUEST OF JOHN L. GRAY AND TOM CAMPBELL TO REZONE LOT 4R, BLOCK 1, NORTH EDGLEY ADDITION FROM LOCAL RETAIL TO COMMERCIAL-SPECIFIC USE-AUTO LAUNDRY (LOCATED ON EDISON DRIVE EAST OF RB FURNITURE) CONSIDERATION OF ORDINANCE FOR PZ 82-28 ORDINANCE NO. 994 APPROVED PLANNING & ZONING PUBLIC HEARING PZ 82-30, REQUEST OF NORTH TEXAS DINING, INCORPORATED TO REZONE LOT 4, BLOCK 1, CARTER ADDITION FROM LOCAL RETAIL TO LOCAL RETAIL-SPECIFIC USE- SALE OF ALCOHOLIC BEVERAGES (LOCATED AT THE SOUTHWEST CORNER OF AIRPORT FREEWAY AND BLACKFOOT TRAIL) 15. Councilman Hubbard moved, seconded by Councilman Kenna, to approve PZ 82-30, Ordinance No. 996, permit to be in the name of Peter G. McQuire and non-transferable. Motion carried 7-0. 16. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Burk Collins, 40 Summerset Terrace, Bedford, appeared before the Council. Mr. Collins stated he was presently developing the Rufe Snow Plaza Shopping Center. Mr. Collins stated he was requesting a Specific Use Permit for Parton's Pizza and if approved the permit would be in the name of S. E. Parton. Councilman Hubbard asked if Joe Parton and S. E. Parton were the same person. Mr. Collins stated S. E. Parton was Joe Parton's wife. Mayor Faram called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 17. Councilman Kenna moved, seconded by Councilman Newman, to approve PZ 82-31, Ordinance No. 997, Permit to be in the name of S. E. Parton and non-transferable. Motion carried 7-0. 18. Withdrawn 19. Withdrawn January 10,1983 Page 4 CONSIDERATION OF ORDINANCE FOR PZ 82-30 ORDINANCE NO. 996 APPROVED PLANNING & ZONING PZ 82-31, REQUEST OF JOE PARTON, PARTON'S PIZZA, TO REZONE A PORTION OF LOT 1, BLOCK 6, SNOW HEIGHTS NORTH ADDITION FROM LOCAL RETAIL TO LOCAL RETAIL- SPECIFIC USE-SALE OF ALCOHOLIC BEVERAGES (LOCATED EAST SIDE OF RUFE SNOW, NORTH OF LEWIS DRIVE) CONSIDERATION OF ORDINANCE FOR PZ 82-31 ORDINANCE NO. 997 APPROVED PLANNING & ZONING PUBLIC HEARING PZ 82-34, REQUEST OF DANNY D. JEFFERIES TO REZONE TRACTS IB & IB1, ABSTRACT 146, WILLIAM D. BARNES SURVEY FROM AGRICUL- TURE TO IF-9-0NE FAMILY DWELLINGS (LOCATED ON THE EAST SIDE OF SMITHFIELD ROAD AT THE INTERSECTION OF EVERGREEN) CONSIDERATION OF ORDINANCE FOR PZ 82-34 WITHDRAWN 20. Mayor Faram opened the public hearing and called for anyone wishing to speak to please come forward. Mr. Jerry Lundgren, representing Mr. McElroy, appeared before the Council. Mr. Lundgren stated he was present to answer any questions the Council might have on the type of business that would be on the property in question. Mayor Faram asked Mr. Lungren what they planned to build on the lot. Mr. Lundgren stated it would be a privately owned family operated rental yard with homeowner type equipment, such as lawnmowers and small items. Councilman Davis stated that in the Planning and zoning minutes it stated that some items would be stored out- side. Councilman Davis asked what type of items would be stored outside. Mr. Lundgren stated that small pumps and hoses would be stored outside. Mayor Faram asked the size of the lot. Mr. Lundgren stated that offhand he did not know the size of the lot. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 21. Mayor Pro Tem Ramsey moved, seconded by Councilwoman Hinkle to approve PZ 82-35, Ordinance No. 998. Councilman Hubbard asked if specific use would be placed on the property because once it was zoned commercial they could put anything they desired on it. Mayor Faram stated the size of the lot was so small it had rather limited use, there was not much it could be used for except a rental yard. Mr. Line stated the lot was triangular in shape, 202 feet fronting on Booth Calloway, 175 feet in an east west direction back from Booth Calloway Road and approximately 267 feet on the other end of the triangle. Motion to approve carried 7-0. January 10, 1983 Page 5 PLANNING & ZONING PUBLIC HEARING PZ 82-35, REQUEST OF RAY McELROY TO REZONE LOT A, BLOCK 9, RICHLAND HEIGHTS ADDITION FROM LOCAL RETAIL TO COMMERCIAL (LOCATED ON THE EAST SIDE OF BOOTH CALLOWAY ROAD, APPROXIMATELY 192 FEET NORTH OF GLENVIEW DRIVE) CONSIDERATION OF ORDINANCE FOR PZ 82-35 ORDINANCE NO. 998 APPROVED 22. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Daryl Barrett, representing BWBM Partnership, appeared before the Council. Mr. Barrett stated that he would like to thank the Staff, Planning and Zoning Commission and the Council for their time and cooperation for what had been a considerably long process. Mr. Barrett stated he felt the plan for the development was excellent, would be an asset to the community and add substantially to the tax base. Mr. Barrett stated the zoning application under consideration was for 21 of the 47 acres, located at Rufe Snow and Glenview Drive, to be developed for Multi-family housing. Mr. Barrett stated he had an option on the other two tracts, the tract to the west, approximately 131 acres and the corner tract which contained approximately 12! acres. Mr. Barrett stated it was their intention to develop the tract to the far west in townhouses, one and two story and the corner tract as a neighborhood shopping center. Mr. Barrett stated that he realized he would be required to reapply for planned development. Mr. Barrett stated he felt this plan was a good one and good land use planning. Mr. Barrett stated that due to concerns he would commit to the following: construct a six foot cedar fence between the development and adjacent property. Mr. Barrett stated the development was about 150 feet from any existing family homes and the buildings in the development would be orientated where no patio's, balconies or major windows would face the single family property. Mr. Barrett stated the design of the units would include fireplaces, washer/dryer connection, sky lights and cathedral ceilings, large patio's, semi-private courtyards, energy design configurations. Mr. Barrett stated that he had been approached concerning added traffic. He said the project would be located on two four lane thoroughfares and would allow traffic generated from the project to be disbursed east and west on Glenview, north and south on Rufe Snow Drive. Mr. Barrett stated the City Staff had done some traffic studies and informed him the traffic that would be generated would not substantially add to Rufe Snow Drive. Mr. Barrett stated the capacity was about at 50% to 60% of the capacity of the road. Mr. Barrett stated that if all the traffic went north on Rufe Snow the most it would generate would be an added 5% to 6%. Mr. Barrett stated the figures could be verified by the Staff. January 10, 1983 Page 6 PLANNING & ZONING PUBLIC HEARING PZ 82-37, REQUEST OF BWBM PARTNERSHIP TO REZONE TRACTS 2B4 AND 2B6, ABSTRACT 1588, J.M. VANDUSEN SURVEY FROM LOCAL RETAIL TO MULTI- FAMILY (LOCATED ON THE WEST SIDE OF RUFE SNOW AT THE INTERSECTION OF MIKE STREET AND MANOR A VENUE) Mr. Barrett stated the staff and city Engineer had researched the additional load that would be placed on the water, sewer and drainage and they saw no problem. Mr. Barrett stated that he had discussed with Birdville School District the impact the development would have on the schools, and their response was that Snow Heights and Mullendore could take an additional several hundred students. Mr. Barrett stated the studies the school had done in the last several years showed no substantial gain in students from apartment complexes. Mr. Barrett stated he felt this development had been approached in a manner in which developers should work with the City of North Richland Hills. Councilman Hubbard stated that he had made a survey on the traffic and there were about 9,600 cars a day on Rufe Snow and the capacity was considered around 18,000. Councilman Hubbard stated that if another 600 cars were added to the traffic it would run approximately 56% to capacity. Councilman Hubbard stated that Glenview was at about 65% capacity or approximately 11,000 cars a day and it had a capacity of approximately 18,000. Mr. Barrett stated that was the figures given to him. Councilman Hubbard stated that one of the elementary principals advised him that they anticipated a 200 child drop per year due to the development being pretty well complete in that part of the city. Councilman Hubbard asked Mr. Barrett if that was basically what the school told him. Mr. Barrett stated the final sentence in the letter he had received from the School District stated "based upon a study conducted several years ago, we have no reason to suspect a heavy influx of pupils as a result of this apartment complex." Councilman Hubbard asked Mr. Barrett if he had contacted the hospital to see what impact the complex would have on it. Mr. Barrett stated he did not contact the hospital. Councilman Hubbard stated he had contacted the hospital and was advised it would not impact the new hospital to any degree, in fact the present hospital could handle it. January 10, 1983 Page 7 January 10, 1983 Page 8 Councilman Hubbard stated he felt the drainage problem would be somewhat of a great degree if the tract was developed in single family residences. Councilman Hubbard stated there would have to be an extensive amount of work done on the drainage. Mr. Barrett stated they had a situation where a lot of the street drainage in the surrounding area was being channeled through this property, that they anticipated taking care of it by putting in underground pipe or improved channels. Councilman Hubbard asked Mr. Barrett if he felt the multi- family would enhance the probability of local retail stores in the twelve acre tract. Mr. Barrett stated he had been advised, through correspondence relating to local retail being on the tract, there would have to be additional roof-tops, meaning multi-family units, to justify a location at the corner of the tract. Mayor Pro Tem Ramsey asked if any data on the traffic north of Loop 820 was available before and after the Outlet Mall was completed. Mr. Riddle stated a traffic count was made before the Mall was completed, but not after. Councilwoman Hinkle asked how many apartments were proposed for the 21 acres. Mr. Barrett stated 370 to 380 units. Councilwoman Hinkle asked what the percentage would be for one, two and three bedroom units. Mr. Barrett stated there would be 60% one bedroom, 35% two bedroom and 5% three bedroom. Councilwoman Hinkle asked what the 5% of three bedroom units represented. Mr. Barrett stated approximately 20 units. Councilman Fisher asked the estimated rental on the units. Mr. Barrett stated the one bedroom units would be a minimum of $375.00 per month. Councilman Davis asked Mr. Barrett how far it was from the north line of the tract to the single family residential homes. Mr. Barrett stated it was approximately 150 feet to the back yards. Councilman Davis asked Mr. Barrett if he had a site plan on the other property he was asking for rezoning on. Mr. Barrett stated he did not, but he had publicly stated they were committing to the same statements that were made earlier in tonights meeting. Councilman Davis asked Mr. Barrett if he had a site plan for the second tract. Mr. Barrett stated he did not have a site plan at this time for the second tract, it was not in the final stages yet. Councilman Davis asked Mr. Barrett how far from the north west corner of the tract it was to the nearest house in Diamond Loch East. Councilman Kenna stated that he understood that Mr. Barrett would not require any variances from the City Building Code. Mr. Barrett stated that was correct, there would not be any variances needed. Mayor Pro Tem Ramsey asked if the traffic study that was made was an independent study. Mr. Riddle stated yes, it was an independent study. Mayor Pro Tem Ramsey stated that he had received many pieces of correspondence and telephone calls in reference to this zoning request. Mayor Pro Tem Ramsey stated one of the letters he had received from a resident on Tabor Street indicated there was a negotiation period of some sort and he had their statement of what went on and he would like for Mr. Barrett to tell what happened. Mr. Barrett stated that when he submitted the preliminary plat for the tract facing Rufe Snow, three people spoke in opposition of the plat. Mr. Barrett stated they were concerned with being land locked with the 150 feet that was owned by the property owners to the north that was owned by the property owners individually. Mr. Barrett stated that at that time he was not aware of their desires to do anything particularly but felt the development of the apartments would land lock them and not allow them to have access. Mr. Barrett stated that in his opinion they did not wonder about a land locked situation as long as it was an extension to their back yards, but if January 10, 1983 Page 9 they wished to develop the 150 feet and sell, there would not be a street to it. Mr. Barrett stated the Planning and Zoning Commission encouraged him to try and come up with some kind of idea for the people to the north for possible development of their property. Mr. Barrett stated an offer was made that would also take the cooperation of the City, a variance by the City on parking requirements. Mr. Barrett stated they would donate 11 feet to the owners thereby giving them 160 feet required for a 50 foot right-of-way, and 110 feet that is required in l-F-9 zoning. Mr. Barrett stated they received no response to the offer from the property owners and the offer was made in writing to the homeowners that were present at the meeting. Mr. Barrett stated the next contact with the property owners was when he went before the Board of Adjustment on the requirement for 160 feet for rear yards and at that time he could have developed multi-family in local retail zoning. Mr. Barrett stated that at the Board of Adjustment meeting it became obvious that there was a desire by the property owners for some sort of road to be constructed. Mr. Barrett stated that after the meeting he initiated a meeting with a number of the property owners to decide what the homeowners wanted. Mr. Barrett stated he came with maps and plans for some sort of proposal on their part, they had none at that time. Mr. Barrett stated that some time later he was contacted by phone and was advised that if he would dedicate 25 feet of right-of-way for a street and pay for half of the construction for the full length of his property, pay for the full 160 feet that would line up with Mike street then they would not contest any future process on the project. Mr. Barrett stated he was given one week to respond to the issue. Mr. Barrett stated he looked at the merits of the proposal and wrote a letter back that stated it was not financially feasible for his project to donate 25 feet plus pay for half the street and the full 160 foot of street. Mayor Pro Tem Ramsey stated Mr. Barrett had verified what the property owners had said. Mayor Pro Tem Ramsey stated the property owners had said that if Mr. Barrett would put in the street, then they would not oppose the apartments. Mayor Faram asked Mr. Barrett if he was to understand that what he was saying was that he would in fact still give eleven feet on the north side of the tract, provided he could get a variance from the parking requirements, and not personally participate in the development of the street and have no access to it, was that correct. Mr. Barrett stated the street would virtually not do him any good whatsoever. January 10, 1983 Page 10 Mayor Faram stated that as far as he was concerned he felt the street would not be of use to them. Mayor Faram stated he did not feel that kind of traffic should be emptied on to what otherwise would be a residential street and he would have some problems with putting that much traffic on a residential street. Mr. Barrett stated he was very much in agreement. Mr. Forrest Grubb, 6528 Tabor, appeared before the Council. Mr. Grubb stated his property adjoined the property in question and when he purchased his home the realtor explained to him why he was getting such a large backyard, that being that when the area was developed this was more or less left over and the homeowners got the benefit. Mr. Grubb stated that he had learned that the informed person did not have as many fears, so he researched the property in question and found that it had been zoned local retail in 1969 when the master planning of the city was done. Mr. Grubb stated he would be approximately 160 feet from the property line of where the apartments would begin and he felt this was adequate space. Mr. Grubb stated he felt the best use of the land would be for apartments and would be an asset to the area. Mr. Ed Olson, 6405 Brentwood Drive, appeared before the CounciL Mr. Olson stated he was one of a group of owners of the property. Mr. Olson stated they had tried to sell the land for a long time and if this zoning request were not approved it would place a financial burden on the owners. Mr. Olson stated he felt that the best use of the property would be to build apartments. Mr. Richard Russell, 6325 Juneau Road, Fort Worth, appeared before the Council. Mr. Russell stated he was one of the owners of the land and acted as agent for the other owners. Mr. Russell stated that the property was zoned in 1969 and his company proceeded to develop. Mr. Russell stated that in 1970 funding became unavailable therefore they could not proceed with development. Mr. Russell stated the owners had paid for the paving of Glenview Drive, Rufe Snow Drive and the for the utilities. Mr. Russell stated they also paid a large amount of taxes yearly on the property. Mr. Russell stated he felt the best use of the land would be to build apartments. January 10,1983 Page 11 Mr. Russell asked for rebuttal time. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. Councilman Hubbard stated the Council had received a letter from Mr. and Mr. David Christa voicing opposition to this request. Councilman Hubbard stated they could not be present tonight and asked that the written communication be accepted as a formal protest. Mr. Randy Curnutt, 5421 Diamond Loch, appeared before the CounciL Mr. Curnutt stated he was against the apartments. Mr. Curnutt stated the traffic would increase, crime and crowd the schools. Mr. Curnutt stated he felt it would increase the flood problem. Mr. Curnutt stated he wanted to voice his opposition. Councilman Davis asked Mr. Curnutt what he and his neighbors felt the best use of the property would be. Mr. Curnutt stated single family, townhouses and/or a shopping center. Councilman Davis stated there would have to be some kind of buffer zone. Mr. curnutt stated the city could build a park on the property. Councilman Davis asked Mr. Curnutt if he knew how much it would cost to build a park. Mr. Curnutt stated no. Councilman Davis asked Mr. Curnutt if he had helped circulate the petition and how many citizens did he contact. Mr. Curnutt stated he made contact with 92 citizens and received only one negative contact. Councilman Davis asked Mr. Curnutt if the signers of the petition were told that all the property would be developed into apartments. Mr. Curnutt stated the plans were explained to them. Councilman Fisher stated he thought the construction work being done on Dawn Drive would take care of the flooding problem. January 10, 1983 Page 12 Mr. Albin stated the apartment complex would not have any effect on the flooding on Dawn Drive. Mr. Albin stated the problem was in the Mackey Creek Channel and was being worked on. Councilman Newman asked Mr. Curnutt if the zoning request was not approved, would he be happy with a shopping center on the property. Mr. Curnutt stated he had rather have local retail as opposed to apartments. Mr. Jim Hackney, 6520 Tabor, appeared before the Council. Mr. Hackney stated he lived north of the area and the apartments would backup to his back yard. Mr. Hackney stated there were many reasons why he did not want apartments, crime went up and increased traffic. Mr. Hackney stated he had lived there for four years and ever since he had been there he had a water problem. Mr. Hackney stated you could not get enough water necessary for household use. Mr. Hackney stated he was concerned about his property value also. He felt the value would decrease if the apartments were built. Mr. Hackney stated this rezoning request was the only one of the Planning and Zoning Agenda that was approved and he begged the Council not to approve it. Councilman Kenna asked Mr. Hackney when he purchased his home. Mr. Hackney replied in June, 1979. Councilman Kenna asked Mr. Hackney if he realized that the whole 47 acres could have been built in apartments if the Council had not amended the Zoning Ordinance eliminating multi-family from local retail. Mr. Hackney stated no. Councilman Newman asked Mr. Hackney if a brand X chicken place went in, had he rather have that instead of apartments. Mr. Hackney stated yes, that was most of the residents feelings. Councilman Fisher asked Mr. Hackney what the problem was with the water. January 10, 1983 Page 13 Mr. Hackney stated low water pressure. Mr. Hackney stated that low pressure was not such a problem this past summer, but had been in the past. Mr. Line stated there was a pressure problem in the area, but the apartments would not help or hinder the problem. Mayor Pro Tem Ramsey stated he lived in the area and had not had any water problems. Mr. Jack Slater, 6641 Tabor, appeared before the Council. Mr. Slater stated he had lived on Tabor for fifteen years and his concern was trying to back out of his driveway. Mr. Slater stated he had to back out on Rufe Snow and it was almost impossible because of the traffic. Mr. Slater stated his main concern with the apartments being built was the added traffic. Councilman Hubbard asked Mr. Slater if he came to the Planning and Zoning meeting and expressed his feelings when the property was zoned for apartments in 1969. Mr. Slater stated most of the area was developed and therefore he did not ask questions. Councilman Newman asked Mr. Slater if a Mall was built on the tract, did he feel there would be more or less traffic. Mr. Slater stated that if a Mall went in it would increase the traffic. Councilman Fisher stated he did not understand how the traffic generated by the apartment complex could affect Mr. Slater if he lived on Tabor. Mr. Slater stated the traffic came down Tabor on to Rufe Snow. Mr. Frank Deavers, 6512 Tabor, appeared before the Council. Mr. Deavers stated he wanted to register a strong protest against the building of the apartments. Mr. Deavers stated it would increase traffic and he also had a water problem and did not feel the construction of the apartments would help the situation. Mr. Joe Rainwater 6417 Heidelburg Court, appeared before the Council. Mr. Rainwater asked the Council to consider what a little more added traffic would cause on Rufe Snow and Glenview. January 10, 1983 Page 14 January 10, 1983 Page 15 Mr. Joe Renteria, 6416 Heidelburg Court, appeared before The Council. Mr. Renteria stated there had been a lot of facts given tonight, facts on the school and traffic. Mr. Renteria asked the Council to make sure all the figures were in. Mr. Renteria stated he was very concerned with the possibility of the apartments being constructed. Councilman Davis stated the Council was faced with what the best use of the property would be and asked Mr. Renteria what he felt would be a good development for the property. Mr. Renteria stated he felt the best use would be single family, duplexes or townhouses. Mrs.Sharron Spencer, 6628 Tabor, appeared before the Council. Mrs. Spencer stated that Mr. Barrett had planned to build the apartment in the Local Retail zoning and went before the Board of Adjustment for a variance on the rear yard requirement. Mrs. Spencer stated the Board of Adjustment denied the request. Mrs. Spencer stated that in the meantime the Council amended the Zoning Ordinance deleting multi-family in Local Retail so Mr. Barrett applied for a zoning change to multi-family. Mrs. Spencer stated the apartments might add to the tax base, but they would be using more services than they were paying for. Mrs.. Spencer stated that Mr. Barrett did not own the land and he did not have to live there. Mrs. Spencer stated the highest and best use of the property was single family. Mayor Faram asked Mrs. Spencer if she was on the Planning and Zoning Commission for the City of Grapevine. Mrs. Spencer stated yes, she was the Chairman of the Commission. Mayor Faram asked Mrs. Spencer if you had to be a resident of the City of Grapevine to serve on the Commission. Mrs. Spencer stated she was legally serving on the Commission, check with the City Attorney of Grapevine. Mayor Pro Tem Ramsey said he had received a letter from Mrs. Studebaker which differs from what Mrs. Spencer was saying. The letter lead him to believe that if Mr. Barrett would have built Mike Street, they would not have been against this zoning. Mayor Pro Tem Ramsey asked Mrs. Spencer if she was familiar with the letter. January 10, 1983 Page 16 Mrs. Spencer stated she should be, she typed it. Mayor Pro Tem Ramsey asked Mrs. Spencer if Mr. George Studebaker was her father. Mrs. Spencer stated yes, she was representing her parents because they were out of town. Mayor Pro Tem Ramsey stated he had spoken with Mrs. Studebaker on the telephone last night. Mrs. Spencer stated it was she he had spoken with, her mother was out of town. Mayor Faram stated he also spoke with a Mrs. Studebaker the night before. Mayor Faram asked Mrs. Spencer if it was she he had spoken with. Mrs. Spencer stated yes. Mayor Faram asked Mr. Spencer why she did not tell him her name was Spencer. Mrs. Spencer stated Studebaker was her maiden name and she used it when it was convenient. Mayor Pro Tem Ramsey stated that according to the letter the biggest problem was not the apartments but the fact the street was not being built. Mr. James Seaver, 6625 Briley, appeared before the Council. Mr. Seaver stated he had lived in the city for twenty years and had been told the water system would be improved. Mr. Seaver stated the water system had not been improved and he had low water pressure problems. Mr. Seaver stated the city should repair the system before adding anything onto it. Mr. Seaver stated the traffic was also a problem and felt building apartments would add to it. Councilman Hubbard stated he lived on Riveria and had the same water pressure problems. Councilman Hubbard stated the city was getting the system upgraded. Mr. Bill Ernst, 6612 Tabor, appeared before the Council. Mr. Ernst stated he had lived in the city for twenty-four years. Mr. Ernst stated he did not want apartments in his neighborhood, that the traffic was already a problem in the area and with the apartments it would increase. Mr. Ernst stated he also had a low water pressure problem. Mr. Ernst stated he felt the land could be used for single family residents. Mr. Ernst stated he felt if the apartments were allowed to be built the property values in the area would decrease. January 10, 1983 Page 17 Mr. R. D. Cunningham, 6700 Briley, appeared before the Council. Mr. Cunningham stated he had rather see anything on the land but apartments. Mr. Cunningham stated he also had low water pressure problems. Mr. Jim Keding, 4141 Rufe Snow Drive, appeared before the Council. Mr. Keding stated that at the original meeting when the property was zoned Local Retail they were told condominiums and single family dwellings. Mr. Keding stated he felt there was a larger crime rate in apartments. Mr. Keding stated he also had low water pressure problems in the past, he did have better pressure now but if the apartments were built it would go down. Mr. Keding stated the apartments would add more traffic to Rufe Snow and it was heavily traveled now. Mr. Paul Harter, 6601 Briley, appeared before the Council. Mr. Harter stated he had lived in the city for twenty-five years. Mr. Harter stated he was opposed to the apartments because of added traffic, there had been several accidents on Rufe Snow. Mr. Harter stated he always had water pressure problems, it was always low. Mr. Harter stated he opposed the apartments also on all the reasons stated before him. Mr. R. T. Yaggi, 6616 Tabor, appeared before the Council. Mr. Yaggi stated that in reference to the street being built, Mr. Barrett had agreed to the property owners' re~ommendation on dedicating land for the street and later felt it would be impossible for him. Mr. Yaggi stated the property owners and Mr. Barrett could not reach an agreement. There being no one else wishing to speak, Mayor Faram granted Mr. Russell rebuttal time. Mr. Russell waived rebuttal time. There being no one else wishing to speak, Mayor Faram closed the public hearing. 23. Councilman Fisher moved, seconded by Mayor Pro Tem Ramsey, to approve PZ 82-38, Ordinance No. 999 Mayor Faram advised there was a legal petition against PZ 82-38 and asked the City Attorney if the 3/4 majority vote would be required. CONSIDERATION OF ORDINANCE FOR PZ 82-38 ORDINANCE NO. 999 DENIED Mr. McEntire stated yes. Councilman Kenna stated that regardless of how the vote went, there would still be more traffic on Rufe Snow. Councilman Kenna stated that Mike Drive being built was not a city issue, the water problem was. Councilman Kenna stated that a city that was only 40% developed was going to have problems. Councilman Kenna stated the schools had no problem with keeping up with the growth of the city. Councilman Kenna stated the traffic was not going to stop, all of these things were going to stay with the city. Councilman Kenna asked when the water problem would be solved. Mr. Albin stated the system should be greatly improved in the next 18 to 24 months. Councilman Fisher stated that apartments were going to build in the city. Councilman Fisher stated that he lived off Davis Boulevard and apartments were being built behind his residence, he could only hope for a good complex. Councilman Hubbard stated the city knew it had some water problems, but had put all efforts toward improving the system. Councilman Hubbard stated he had heard no complaints on the water recently until tonight. Councilman Hubbard stated that a public hearing had been held on the parks and no one appeared. Mayor Pro Tem Ramsey stated he lived three blocks from the property in question. Mayor Pro Tem Ramsey stated his feeling was that if Mike Drive had been developed the property owners would not have gotten stirred up. Mayor Pro Tem Ramsey stated that Mr. Barrett had worked with the property owners and the city trying to comply with all reauests. Mayor Pro Tem Ramsey stated that if the property stayed local retail there were 62 different types of things that could be built. Councilwoman Hinkle stated that she lived very close to the property in question. Councilwoman Hinkle stated she had four children and all four lived in apartments. Councilwoman Hinkle stated she did not feel apartments were low class people, her children could not afford to buy a home. Councilwoman Hinkle stated her main concern was what could be built on the tract if left local retail. Mayor Faram called a fifteen minute recess. Mayor Faram called the meeting back to order. All were present as recorded at the beginning of the meeting. January 10, 1983 Page 18 RECESS BACK TO ORDER Mayor Pro Tem Ramsey called for the question, seconded by Councilman Kenna. Motion carried 7-0. Motion to approve Ordinance No. 999 failed by a vote of 4-3; Councilmen Kenna, Davis, Newman and Councilwoman Hinkle voting against; Councilmen Hubbard and Fisher and Mayor Pro Tem Ramsey voting for. 11. Councilman Davis moved, seconded by Councilman Kenna, to approve PS 82-65, subject to the engineers' comments. Motion carried 7-0. 24. Mayor Faram opened the public hearing and called for anyone wishing to speak to please come forward. Mr. Bill Crowson, representing R. C. Breakell, appeared before the Council. Mr. Crowson stated their request was to rezone the property to commercial. Councilman Davis asked Mr. Crowson what they planned on constructing on the property. Mr. Crowson stated they had no specific plans at this time, it would basically be a retail type shopping center. Councilman Fisher asked if this property adjoined the Outlet Mallon Rufe Snow. Mr. Crowson stated yes. Councilman Newman asked if they planned to build right away. Mr. Crowson replied no. Mayor Faram asked if they had plans at this time. Mr. Crowson stated they did not have immediate plans. Councilman Kenna asked what the Outlet Mall was zoned. January 10, 1983 Page 19 PLANNING & ZONING PS 82-65, REQUEST OF BWBM PARTNERSHIP FOR FINAL PLAT OF LOT 1, BLOCK I, CASTLE WINDS ADDITION (LOCATED ON THE WEST SIDE OF RUFE SNOW ACROSS FROM MIKE STREET AND MANOR AVE.) APPROVED PLANNING & ZONING PUBLIC HEARING PZ 82-38, REQUEST R. C. BREAKELL, HOLDINGS, INCORPORATED TO REZONE PORTIONS OF TRACTS lC AND lD, ABSTRACT 1588, J.M. VANDUSEN SURVEY FROM MULTI-FAMILY AND LOCAL RETAIL TO COMMERCIAL (LOCATED AT THE NORTH- EAST CORNER OF LOOP 820) Mr. Riddle stated the Mall was zoned commercial. Mayor Faram called for anyone wishing to speak in opposition to the request to please come forward. There being no one wishing to speak, Mayor Faram closed the public hearing. 25. Councilman Hubbard moved, seconded by Councilman Fisher, to approve PZ 82-38, Ordinance No. lOOO Mayor Faram stated that such a wide variety of uses were allowed in commercial zoning and since the applicant had no definite plans, he would ask the Council to postpone action on this request. Councilman Kenna made a substitute motion, seconded by Councilman Newman, to postpone this request until the next regular Council meeting. Mayor Pro Tem Ramsey asked Mr. Crowson if postponement caused a hardship for him. Mr. Crowson stated there were some things tied up that would create some problems for the owner. Mr. Crowson stated a shopping center was the most feasible thing for the property. Substitute motion carried 7-0. 26. Councilwoman Hinkle stated that she had a possible conflict of interest and asked to be disqualified. Mayor Faram disqualified Councilwoman Hinkle and asked her to be seated in the audience. Mr. McEntire asked if the owners had been presented with a copy of the petition. Mr. Tim O'Neal, representing owners, stated no. Mr. McEntire stated the hearing would have to be postponed since they did not receive a copy. Mr. O'Neal asked if the owner waived the petition if the hearing could be heard tonight. Mr. McEntire stated if the owner waived the petition it could be heard. Mayor Faram asked Mr. O'Neal if he waived notice. Mr. O'Neal stated yes, they waived notice. January lO, 1983 Page 20 CONSIDERATION OF ORDINANCE FOR PZ 82-38 ORDINANCE NO. lOOO POSTPONED PUBLIC HEARING TO DETERMINE IF A PUBLIC NUISANCE EXISTS AT 7817 MAPLEWOOD Mayor Faram opened the public hearing and called for those for the Council declaring a nuisance to please come forward. Mr. Wayne Goodman, 7825 Maplewood, appeared before the Council. Mr. Goodman stated this was a regular house, had a regular driveway and yard. Mr. Goodman stated that if two cars were parked there and another one came in it blocked the drive, picture 25 to 30 cars a day at one time coming to the residence. Mr. Goodman stated the cars were double parked and parked on the wrong side of the street. Mr. Goodman stated the cars were going east on Maplewood instead of west because of the difficulty of exiting on to Davis. Mr. Goodman stated the people employed at the Day Center did not have a place to park so they parked on the street. Mr. Goodman stated there were no sidewalks on Maplewood so the people bring their children walked in the yard. Mr. Goodman stated another problem was the Center had a large commercial dumpster in the front yard and it was emptied about 4:30 a.m. Mr. GoodI~n stated another problem was the noise, visualize 50 children in a residential house. Mr. Goodman stated the Day Care Center was causing the property values to drop. Mr. Goodman stated the Day Care Center was a public nusiance. Councilman Hubbard asked Mr. Goodman if he had signed the original petition that helped to get the nursery there originally. Mr. Goodman stated the lady that stated the nursery had lost her lease in a building located where the YMCA is and wanted to keep about six children temporarily. Mr. Goodman stated the original petition had been abused and misinterpreted through the years. Councilman Hubbard asked Mr. Goodman if he had ever left his child in the nursery or if anyone in his residence had ever worked at the nursery. Mr. Goodman stated he had never left a child in the nursery and could not recall of anyone at his residence had ever worked there. Mayor Faram stated that Mr. Goodman indicated he was for the original variance. Mr. Goodman stated no, the original petition was to keep only four or five children. Mayor Faram asked Mr. Goodman if he had any objections to four or five children being kept, but it had been his understanding it would be temporary. January 10, 1983 Page 2l Mr. Goodman replied yes. Mayor Faram asked Mr. Goodman if it was his intent to support the petition but for a very limited number of children. Mr. Goodman replied yes. Mayor Faram asked Mr. Goodman that if, since the time of the original petition, the center had grown to approximately 50 children. Mr. Goodman replied yes. Mr. McEntire asked Mr. Goodman if the property was being used as a residence at this time. Mr. Goodman stated no. There was no way it could be used as a residence, it had been turned into a completely commercial business. Mr. McEntire asked Mr. Goodman if the property was being used as a residence when the original variance was granted. Mr. Goodman replied yes. Mr. McEntire asked if the property continued to be used as a one family dwelling some time after the original variance. Mr. Goodman replied yes. Mr. McEntire asked Mr. Goodman how long the property was used as a residence. Mr. Goodman stated about three years. Mr. McEntire asked Mr. Goodman if he knew how many employees worked at the nursery. Mr. Goodman stated he did not know. Mr. McEntire asked if there were any parking facilities at the nursery. Mr. Goodman stated there were no parking facilities. Mayor Faram asked Mr. Goodman if he had said there was no possible way the house could be lived in. Mr. Goodman stated that was correct, it could not be used as a single family residence. Mr. Goodman stated to much work would have to be done to the house. January 10, 1983 Page 22 Mayor Faram asked Mr. Goodman if the structure had been changed since the variance had been granted. Mr. Goodman stated the house was being used as a nursery and when there is that many children there, there would have to be quite a bit of structual re- arrangement. Mayor Faram asked the defendant if he would like to ask questions. The defendant declined. Mr. Gary Cleinger, 7824 Maplewood, appeared before the Council. Mr. Cleinger stated he wanted opposing the nursery school. was first told there would be on a temporary basis. to go on record as Mr. Cleinger stated he only five or six children Mr. McEntire asked Mr. Cleinger if he was at home during the day. Mr. Cleinger stated yes, he worked nights. Mr. McEntire asked Mr. Cleinger if noise was a problem. Mr. Cleinger stated yes. Mayor Faram asked the defendant if he had any questions. The defendant declined. Mrs. Mable Troup, 7820 Maplewood, appeared before the Council. Mrs. Troup stated that she had counted six employees' vehicles in front of the house just this morning. Mrs. Troup stated she counted 39 cars bring children and picking them up in a one hour period. Mrs. Troup stated the main objective was the traffic and the noise. Mr. McEntire asked Mrs. Troup where the employees parked. Mrs. Troup stated they parked on both sides of the street. Mr. McEntire asked Mrs. Troup if the noise was a problem. Mrs. Troup stated yes. January 10, 1983 Page 23 Councilman Fisher asked what the vacant lot next to the nursery was used for. Mrs. Troup stated the lot was in the process of being sold. Councilman Fisher asked Mrs. Troup if the employees at the nursery parked on the lot. Mrs. Troup stated she did not know, she could not tell because Volkswagon had their parking lot there. Mayor Faram asked the defendant if he had any questions. The defendant declined. Mrs. Kiesling, 7821 Birchwood, appeared before the Council. Mrs. Kiesling stated she could hear the noise from the nursery all the way over at her house. Mrs. Kiesling stated there were so many cars on the street it was almost impossible to drive down it. Mayor Faram asked Mrs. Kiesling if, in her opinion, the nursery was a nuisance. Mrs. Kiesling stated yes. Mr. McEntire asked Mrs. Kiesling if she had signed the petition. Mrs. Kiesling stated yes. Mayor Faram asked the defendant if he had any questions. The defendant declined. Mr. McEntire called for stan Gertz, Fire Chief for the City of North Richland Hills. Mr. Gertz appeared before the Council. Mr. McEntire asked Mr. Gertz if he had checked the nursery and what his investigation reflected according to the requirements of the Fire Code. Mr. Gertz stated that under the new code the owners were given sixty days to make corrections to the building to bring in into compliance with the current code. Mr. Gertz stated the time period should be up about January 17, 1983. January 10,1983 Page 24 Mr. McEntire asked Mr. Gertz what type of school the code pertained to. Mr. Gertz stated the code referred to a Day Care Center. Mr. McEntire asked Mr. Gertz how many children were enrolled at the school. Mr. Gertz stated the state Permit showed 52 children. Mr. McEntire asked Mr. Gertz if he had been inside the nursery. Mr. Gertz stated he had not personally visited the school. Mayor Faram asked Mr. Gertz if the corrections had been made and had he approved them. Mr. Gertz stated the last inspection had been made on December 23, 1982, and the corrections had not been made. Mr. Gertz stated the building had not been approved. Mayor Faram asked Mr. Gertz if the approval of the Fire Department was necessary for obtaining the license for the 52 children. Mr. Gertz replied yes. Mayor Faram asked Mr. Gertz if the present owners had a permit from the state for 52 children. Mr. Gertz stated that the present owners applied for a permit from the state in November, 1982. Mayor Faram asked if the defendant had any questions. Mr. Tim O'Neal stated the nursery had approval by the Fire Department through the year 1981. Mr. O'Neal stated it was requested that when an ownership change took place that the building be brought up to code. Mr. O'Neal stated the owners were in the process of bring the center up to code. Mr. O'Neal stated the school had been approved every year since 1973. Mr. Gertz stated that the policy and procedures of the City was that when there was a change in ownership, the build- ing must be inspected and brought up to current fire standards. January 10, 1983 Page 25 Mr. O'Neal stated they had complied with the requirements. Mr. Gertz stated they had received a request from a Mrs. Taylor with the state License Division, they were the ones that made the request. Mr. McEntire called for Mr. Johnny Howard, Fire Marshall for the city of North Richland Hills. Mr. Johnny Howard appeared before the Council. Mr. McEntire asked Mr. Howard if he had inspected the building. Mr. Howard stated he had not personally inspected the building it had been done through his office. Mr. McEntire asked Mr. Howard if his findings were the same as Mr. Gertz. Mr. Howard stated yes. Mayor Faram asked the defendant if he wished to ask questions. The defendant declined. Mayor Faram asked the defendant if he wished to call anyone. Mr. Tim O'Neal representing the Old and New Owners appeared before the Council. Mr. O'Neal stated that the original signers of the petition, that stated "we the undersigned have no objections to Mr. and Mrs. Haley operating a Kindergarden in the garage of their home". Mr. O'Neal stated this business had been in North Richland Hills since 1965. Mr. O'Neal stated the business went from the Haley's to the Dollars and not to Lyn Word. Mr. O'Neal stated that all had been interested in the safety of the children. Mr. O'Neal stated they had tried to comply with everything required and was still in the process of trying. Mr. O'Neal stated that if there was a legimate complaint, if there was something that could be worked out with the traffic, the 4100 cars that went down Maplewood could not be stopped. Mr. O'Neal stated that something could be done about the 41 people that came to the nursery, and he was sure the owners would do any- thing the city asked. Mr. O'Neal stated the Volkswagon lot was presently being used by the employees of the nursery for parking. Mr. O'Neal stated the street was all commercial up to about the middle of the Day Care January 10, 1983 Page 26 Center. Mr. O'Neal stated he had checked with the Police Department and there had never been any Police Department reports on the Day Care Center. Mr. Goodman stated the Ludwicks and the Goodman's signed the original petition, most of the other property owners moved there knowing there was a Day Care Center there. Mr. O'Neal stated if there was any way they could help with the traffic they would, but 42 cars did not make that much difference on the street. Mr. O'Neal stated it was not the owners or his intentions to get in a conflict with the City. Mayor Faram asked to see a copy of the original petition. Mayor Faram stated that it appeared to him the petition was for a kindergarden in the garage of the home. Mr. O'Neal stated that was correct. Mayor Faram stated that in no way did he read that the whole house was to be used for the kindergarden. Mr. O'Neal stated he did not have the complete history on it. Mr. O'Neal stated the petition had nothing to do with the nuisance part. Mr. O'Neal stated that for the Council's information, there were 42 children in the school and seven employees. Councilman Hubbard asked what the ages of the children were. Mr. O'Neal stated almost all were under school age. Councilman Fisher asked what the traffic count on Maplewood was. Mr. O'Neal stated 4200 cars. Mr. Riddle stated the traffic count was done on the west end of Maplewood and not the east where the school was. Councilman Kenna stated that apparently the Specific Use was granted in the way of a Specific Use Permit by the Board of Adjustment many years ago and apparently had no expiration date. Councilman Kenna stated that was probably missed the first time by the property owners and was sold. Councilman Kenna asked where the employees would park if the vacant lot was sold. January 10, 1983 Page 27 Mr. O'Neal stated that when the new requirements were made in the last inspection, the parking would be provided for in the front yard. Councilman Davis asked Mr. O'Neal if he filed a request for rezoning. Mr. O'Neal stated no, he asked for a Specific Use permi t. Councilman Davis asked if the request was withdrawn. Mr. O'Neal replied yes, no one could define the variance. Councilman Davis stated he personally visited the property and there was a car parked in front of the nursery the entire time. Councilman Davis stated that in five minutes there were ten cars that came and went. Mr. McEntire asked Mr. O'Neal who the past and present owners were. Mr. O'Neal stated the past owners were the Dollars and the present owner was Lyn Word. Mr. O'Neal called for Mrs. Wynett Dollar. Mr. Dollar appeared before the Council. Mrs. Dollar stated the question on the kindergarden being held in the garage had been asked. Mrs. Dollar stated that in July of 1965 there were thirty students in the kindergarden. Mrs. Dollar stated that at that time public schools did not have kindergarden. Mayor Faram asked Mrs. Dollar if she felt the information was conveyed to the neighbors that there would be thirty children. Mr. Dollar stated she did not know what was stated to the neighbors. Mayor Faram asked Mrs. Dollar if she purchased the nursery form her parents and what span did it cover. Mrs. Dollar stated she purchased it in July, 1973, she owned it for 9t years. Mayor Faram asked if there was any construction done to the house. January 10, 1983 Page 28 Mrs. Dollar stated the garage was closed in and a bathroom, lockers and shelves added. Mayor Faram asked Mrs. Dollar if she would agree with the statement that no one could live in the house. Mrs. Dollar stated she did not think there would be a problem with anyone living in the house. Mayor Faram asked Mrs. Dollar that, in her opinion, a variance was asked for from the Board of Adjustment around 1965 for the purpose of keeping a few children, maybe up to 30 and still occupy the house as a owner occupied residence. Mrs. Dollar stated yes, the demand for keeping children became too great. Mayor Faram stated that what he was trying to establish was that it was actually changed from a residence to a commercial facility. Mrs. Dollar stated she did not think her parents stated they intended to live there also. Mayor Faram asked Mrs. Dollar if she would assume they would have asked for a zoning change instead of a variance. Mrs. Dollars stated she really did not know, they did what their attorney advised them. Mr. Jerry Dollar appeared before the Council. Mr. Dollar stated all the time they owned the nursery the zoning across the street was commercial so they felt their's was alright. Mr. Dollar stated the city advised them when they purchased the nursery there would be no problem. Mr. Dollar stated he did not think the parking was any problem. Mr. Dollar stated there was still commercial zoning across the street. Councilman Hubbard asked Mr. Dollar if he had a meeting in Mary Taylor's office on September 21, 1982, and was advised of the variance. Mr. Dollar stated no. Mr. Wayne Goodman appeared before the Council. January 10, 1983 Page 29 Mr. Goodman stated that it was not true that a commercial business was across the street from the nursery school. Mrs. Troup appeared before the Council. Mrs. Troup asked if the original petition stated temporary. Mayor Faram stated no. Mrs. Troup stated the one she signed has temporary on it. There being no one else wishing to speak, Mayor Faram closed the hearing. Councilman Newman moved, seconded by Mayor Pro Tem Ramsey, to declare the Nursery School, located at 7817 Map1ewood, a nuisance. Councilman Hubbard stated he visited the nursery on January 6th from 4:00 p.m. to 5:30 p.m. Councilman Hubbard stated there was a commercial dumpster in the front yard which was probably in violation of the ordinance. Councilman Hubbard stated parking was a problem, there were eleven cars parked on the street at one time. Councilman Hubbard stated he had information that both parties in Mary Taylor's office had been advised of the variance and that a new inspection would have to be made. Councilman Hubbard stated he would like to see both parties work with the city and get the proper zoning. Mayor Pro Tem Ramsey stated that if a public nuisance was the problem it should be decided. Motion to declare a public nuisance carried 5-1; Councilmen Davis, Fisher, Hubbard, Newman and Mayor Pro Tem Ramsey voting for; Councilman Kenna voting against. Mayor Pro Tem Ramsey moved, seconded by. Councilman Davis, to instruct the City Attorney to prepare an ordinance. Motion carried 6-1. January 10, 1983 Page 30 *27. *28. *30. *31. 29. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to postpone action on this item. Motion carried 7-0. 32. Mayor Faram stated that on the advise of the City Attorney he would declare a public hearing. Mayor Faram opened the public hearing and called for anyone wishing to speak to please come forward. January 10, 1983 Page 31 CONSIDERATION OF AWARDING BID FOR SANITARY SEWER IMPROVEMENTS - SMITHFIELD ACRES APPROVED CONSIDERATION OF AWARDING BID FOR SIX (6) MARKED PATROL CARS APPROVED CONSIDERATION OF AWARDING BID FOR CITY OWNED PROPERTY - LOT 1 THROUGH 5 BLOCK 10, LOTS 1 THROUGH 11, IRISH MEADOWS ADDITION, SECTION III POSTPONED CONSIDERATION OF AWARDING BID FOR SNOW HEIGHTS 1982 STREET AND DRAINAGE IMPROVEMENTS APPROVED CONSIDERATION OF CHANGE ORDER ON GLENVIEW DRIVE IMPROVEMENTS APPROVED HEARING AND RATIFICATION OF ORDINANCE NO. 995 APPROVED Mr. Daryl Barrett appeared before the Council. Mr. Barrett asked if this was the ordinance that eliminated Multi-family from being built in Local Retail. Mayor Faram stated yes. Mr. Barrett stated he wanted to protest the ratification of the ordinance. Mr. Barrett stated it had been proven tonight how arbitrary the decision of a zoning case could be. Mr. Barrett stated he had been involved with this project since March, 1982, and involved with the City on submitting a preliminary plat since September, 1982. Mr. Barrett stated it was amazing to him that the Council would take action as late as January 10, 1983, which would remove the only feasible use for his property. Mr. Barrett stated he felt there should be a grandfather clause in the ordinance. Mr. Bill Ernst, 6612 Tabor, appeared before the Council. Mr. Ernst asked that if once the ordinance was in effect Multi-family could not be built in Local Retail. Mayor Faram stated that was correct. Mr. Forrest Grubb, 6528 Tabor, appeared before the Council. Mr. Grubb asked if here was no grandfather clause in the ordinance, so that someone could complete a project that was started. Mr. McEntire stated there was no grandfather clause in the ordinance. Councilman Fisher stated he would like to make a comment at this time. Councilman Fisher stated that he felt intimidated by the crowd tonight, but felt the best use of Mr. Barrett's property was multi- family. Mayor Faram stated he hoped the Council could rest on their decision and was not intimidated by the crowd. January 10, 1983 Page 32 There being no one else wishing to speak, Mayor Faram closed the public hearing. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to ratify Ordinance No. 995. Motion carried 7-0. 33. Mr. Bill Ernst, 6612 Tabor, appeared before the Council. Mr. Ernst stated no one intended to intimidate any- one. Mr. Ernst stated they only wanted to express their opinions. Mrs. Claude Byrd, Little Dude Court, appeared before the Council. Mrs. Bryd stated she wanted to know if the property that Lyle Cherry owned was zoned commercial. Mayor Faram advised Mrs. Bryd if she would come to the City Hall the staff would check the zoning map. Mr. Riddle stated he thought the property was zoned commercial. 34. Mayor Faram adjourned the meeting of January 10, 1983. ATTEST: ~ '7/)/1 . . /Y4~ ?¿:?/,(¿. ;1 ( ¿t'd[Æ:.-Z/ / . Jeanette Moore- Clty Secretary '" January 10, 1983 Page 33 CITIZEN PRESENTATION ADJOURNMENT