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HomeMy WebLinkAboutCC 1981-07-13 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, JULY 13, 1981 7:30 P.M. 1. Mayor Pro Tem Freeman called the meeting to order July 13, 1981, at 7:30 P.M. 2. Present: Dave Freeman Jim Wood J. C. Hubbard Wiley Thomas Sharyl Groves Mayor Pro Tem Councilmen Councilwoman Staff : Chuck Williams Jeanette Moore Rex McEntire Dennis Horvath Richard Albin City Manager City Secretary City Attorney Assistant City Manager City Engineer Press: Linda Johnson Robin Watson Ft. Worth Star Telegram Mid Cities Daily News Absent: Jim Kenna Jim Ramsey Dick Faram Councilman Councilman Mayor 3. The invocation was given by Councilman Wiley Thomas. 4. Councilman Hubbard moved, seconded by Councilman Thomas, to approve the minutes of the June 22, 1981 meeting. Motion carried 3-0; Councilwoman Groves abstaining due to absence from the meeting. 5. Councilman Wood moved, seconded by Councilwoman Groves, to approve PS 81-30. Councilman Wood stated that according to some comments made at the Planning & Zoning meeting, some of the city's ordinances needed to be changed regarding construction on property without a replat. Councilman Wood stated he had some deep apprehension about a portion of ,this property that might have possibly been misused under the existing ordinance. Councilman Wood stated he noticed that in the Planning & Zoning meeting that several questions were raised as to how construction could be completed on a piece of property that was separate on a lease. CALL TO ORDER ROLL CALL INVOCATION APPROVAL OF MINUTES OF THE REGULAR MEETING JUNE 22, 1981 APPROVED PLANNING & ZONING PS 81-30, REQUEST OF FOLSOM INVESTMENT INC., FOR REPLAT OF LOT 3, BLOCK 4, UNIVERSITY PLAZA, ADDITION APPROVED Mr. Albin stated the property in question was originally designated as Lot 2, Block 4, owned by Folsom Investment. A portion of this property was sold in August of 1979. The lower portion of this particular property was developed by Bank of North Texas. Bank of North Texas was constructed on this property which had already been platted and there was no way the city could require them to replat. Mr. Albin stated he personally could not find anything in the ordinances that would require a replat. Mr. Albin stated that in tnis case a portion of a lot that had already been platted was being built on and the city was given assurance by them and the developers that the southern portion of this piece of property was not going to be developed. Mr. Albin stated he understood that after Bank of North Texas was built, a portion was sold off by metes and bounds and the building that resulted was some time after the original platting. Mr. Albin stated the city had since added provisions in the Sub-division Ordinance that if a lot was platted and not developed within a period of four years after platting approval then they had to resubmit construction plans for engineering review. Mr. McEntire stated that if this happened prior to the ordinance being passed there was nothing the city could do about it. Councilman Wood asked if the loophole had been closed. Mr. Albin stated not entirely. Councilman Wood asked Mr. Albin if he had a recommendation for the staff to bring to the Council to close the loopholes. Mr. Albin stated that was a legal matter. Councilman Wood stated he would like to ask the Legal Department to close up some gaps in the Zoning Ordinance. Mr. McEntire stated there was no problem about this being zoned properly. Mayor Pro Tem Freeman asked if the property in question was platted and zoned properly. Mr. Albin replied yes. Motion to approve carried 4-0. July 13, 1981 Page 2 6. Councilman Hubbard moved, seconded by Councilman Thomas, to approve PS 81-32. Motion carried 4-0. 7. Councilman Wood moved, seconded by Councilman Hubbard, to approve PS 81-34. Motion carried 4-0. 8. Mayor Pro Tem Freeman called for anyone wishing to speak in opposition of this request to please come forward. Mr. Bob Allen, 8121 Odell, appeared before the Council. Mr. Allen stated industrial zoning would allow the manufacturing of almost anything and this property was located in the middle of a residential area. The property in question was about 100 yards from an elementary school, 1000 yards from a Junior High School and only about 200 yards from two churches. Mr. Allen stated the intersection of Davis and Main were already both congested. Mr. Allen stated that if you went down Davis, going northwest out of North Richland Hills you had to go up a hill and you could not see the intersection. There were no signs warning you about the schools and there were no sidewalks for the Junior High students that live in the north of where this property was located to travel on going to and from school. Mr. Allen stated it was mentioned at the last meeting that this property would not be good for anything else, but if it was good for any kind of building, it was good for something besides industrial use. Mr. Allen stated that at the last Council meeting there was something mentioned about a Master Plan. Mr. Allen stated he had talked to his neighbors and no one seemed to know that a Master Plans for North Richland Hills existed or what it was. Mr. Allen stated that if he was in the middle of that Master Plan and it was going to become industrial he should be warned about it. Mr. Allen stated that in his opinion industrial was not good for the area. Mayor Pro Tem Freeman asked Mr. Allen if he had been contacted in regards to public meetings in his area on the Master Plan. July 13, 1981 Page 3 PLANNING & ZONING - PS 81-32, REQUEST OF SHOWBIZ PIZZA FOR FINAL PLAT OF LOT 3, BLOCK 25, CLEARVIEW ADDITION APPROVED PLANNING & ZONING - PS 81-34, REQUEST OF TENNECO FOR FINAL PLAT OF BLOCK 5, SNOW HEIGHTS NORTH ADDITION APPROVED PLANNING & ZONING - PUBLIC HEARING - RECONSIDERATION OF PZ 81-15, REQUEST OF CURTIS MOORE AND B. R. FLORIES TO REZONE TRACT 2, ABSTRACT 1625, F. WOOD SURVEY AND TRACT 3, ABSTRACT 273, J.M. CROCKETT SURVEY FROM AGRICUL- TURE TO INDUSTRIAL Mr. Allen replied no. Mr. Horvath advised there would be a meeting the 28th of July in that area. Mayor Pro Tem Freeman advised Mr. Allen to stay in contact with the City Staff and they could advise him about the meetings. Mayor Pro Tem Freeman stated the city would appreciate the citizens comments on the Master Plan. Councilman Wood asked Mr. Allen if he knew the property adjacent to the property in question was zoned industrial. Mr. Allen replied yes. Mr. Allen stated that it was mentioned that mini-warehouses would be built and if that was the case a commercial zoning could take care of it. Councilman Wood asked Mr. Allen what he felt the zoning should be. Mr. Allen stated he felt it should be residential, but the whole area was turning into commercial and industrial. Councilman Wood asked Mr. Allen if he agreed that the area was becoming industrial and commercial because of the highway and the railroad that have been there for a considerable lenth of time. Mr. Allen stated he agreed, but all it was doing was causing more congestion and problems for the students that go to the schools and the people that live there. Councilman Wood stated that if he was in the position of the owner he would be skeptical of the commercial zoning because it would be bordering on spot zoning. Councilman Wood stated his question was what was the highest and best use of the land. Councilman Wood asked Mr. Allen if he would be in agreement to having the property zoned Planned Development. Mr. Allen stated he would definitely agree to Planned Development before it went Industrial. Mrs. Barbara Dutton, 8204 Odell, appeared before the Council. Mrs. Dutton stated she would like to make a comment on the highest and best use for the property. Mrs. Dutton stated she tried twice to get her property zoned to commercial and was denied both times because the city said the best July 13, 1981 rage 4 use was residential. Mrs. Dutton stated her property abutted the property in question. Mayor Pro Tem Freeman asked Mrs. Dutton if her property was the last lot between the residential and Davis Boulevard. Mrs. Dutton stated her property was at the corner of Davis and Odell, on the south side of Odell and east of Davis. Councilman Wood asked Mrs. Dutton if her facility was the one operating as a garage. Mrs. Dutton replied yes. Councilman Wood asked Mrs. Dutton if she was not operating a local retail or commercial business in a residential area. Mrs. Dutton stated she was under non-conforming use and was operating under the grandfather clause. She stated she went to court to prove this. Councilman Wood stated he would question why they were discussing the highest and best use in a residential area since there were houses next door and across the street. Councilman Wood stated it was a mute question because Mrs. Dutton was operating a facility under the grandfather clause. Mrs. Dutton stated it was not her fault, she tried to get it zoned to commercial and was denied. Mayor Pro Tem Freeman called for anyone wishing to speak in favor of this request to please come forward. Mr. Dick Perkins, Teague, NaIl and Perkins, 210 West 6th, Fort Worth, representing Mr. B. R. Flories and Curtis Moore, appeared before the Council. Mr. Perkins stated he had asked for the reconsideration because of additional information on why his clients felt the property should be zoned industrial. Mr. Perkins showed the Council a scale of the land. Mr. Perkins stated he would like to comment on the Planned Development. Mr. Perkins stated their main objection to Planned Development was that because of the topography of the land there would be significant outlay of engineering and planning funds to produce a planned development of which there was no guarantee that it would be approved once it was completed. July 13, 1981 Page 5 Councilman Wood asked Mr. Perkins if there was any possibility for planned development and doing it in phases. Mr. Perkins asked Councilman Wood if he was talking about a Planned Development on the whole thing and then develop into phases or about a planned development by phase. Councilman Wood stated a planned development by phase, overall it would be a planned development and it would be presented in sections or phases. Mr. Perkins stated the way he understood the Zoning Ordinance if planned development was approved on this particular piece of property, all of the property would have to be planned development. Mr. Perkins stated they might get locked into something they could not live with. Councilman Wood asked Mr. Perkins if he had any ideas on a buffer zone next to the residential property. Mr. Perkins stated the city ordinance would require the developer to build a screening fence between the property in question and the Odell Street property. Mr. Perkins stated that due to the type of facility that was planned he did not feel there would be a problem on a buffer zone. Mr. Perkins stated the ordinance called for a six foot screening fence and they would be willing to put up an eight foot fence. Councilman Wood asked Mr. Perkins if he would discuss the basic plan for the property. Mr. Perkins stated the plan would be essentially the same plan they had on the original preliminary for the lower half, the portion that was already zoned. Mr. Perkins stated that as far as the plan itself for the twenty-six acres, they planned to build small day type mini warehouses. Councilman Wood asked Mr. Perkins if he would agree to some type of building set-back; some type of green belt between the two opposing properties, if this request was approved. Mr. Perkins stated that in the original plan there was a sizeable distance between the properties because of the grade between the old north line and where the building would actually be with no driveway behind it. Mayor Pro Tem Freeman asked Mr. Perkins if that was a yes or a no on the green belt. Mr. Perkins stated they could put in a green belt. Mr. J. Byrant, 1412 West Magnolia, Fort Worth, Land Planner, appeared before the Council. July 13, 1981 Page 6 Mr. Bryant stated the property in question could stand some care. Mr. Bryant stated there was a lot of trash there now. Mr. Bryant stated one thing he thought should be brought was that whatever was done on the property it would not be done overnight. Mr. Bryant stated if the request was approved it would change the tax structure and as far as he could see it would not do anything to the neighbors. Councilwoman Groves asked the staff to address the drainage situation. Mr. Albin stated that most of the drainage drained to the east. A portion of it did drain to the north to Odell and a portion drained to Davis. Mr. Albin stated he thought there was a drainage way across Odell that picked up some of the run-off from the area that would have to be improved. Mr. Perkins stated that the property from Odell drained on to the property in question. Mr. Perkins stated there might be a small portion that got back on to Odell but because of what they would have to do in trimming the hill off would not effect the people that lived on Odell. Mr. Perkins stated they would actually be improving the drainage. Councilman Wood asked the City Attorney if stipulations could be put on a zoning case. Mr. McEntire stated yes. Councilman Wood asked Mr. Perkins that if the Council made a motion to approve this with the stipulation that a minimum of an eight foot fence on the north property line, a minimum of a 12 foot greenbelt area and driveway or street along the north boundary, would it be acceptable. Mr. Perkins stated that would be agreeable. Mildred Allen, 8217 Odell, appeared before the Council. Mrs. Allen stated that when it rained the water on the street was waist deep. Mrs. Allen stated that if the property in question was filled the street would become a river. Mr. Bob Allen, Odell Street, reappeared before the Council. Mr. Allen stated that Mr. Perkins had stated that the land would not be big enough to manufacture anything toxic. Mr. Allen stated he had seen batteries manufactored in places with enough acid to eat up every house and car in the area. Mr. Allen stated he did not think the drainage would be a problem. Mr. Allen stated Mr. Perkins stated they wanted to put in mini warehouses, but did not have a definite plan for the future. Mr. Allen stated that with all the indifinite things in the area it was a possibility it was very impractical. July 13, 1981 Page 7 Mr. Perkins stated that on the drainage he felt developing the property would not put anymore water on the adjoining property. Mr. Perkins stated that if anything they would be taking it off. Mr. Perkins stated they would be willing to deed restrict the property not to have toxic waste on the property. There being no one else wishing to speak, Mayor Pro Tem Freeman closed the hearing. 9. Councilman Hubbard moved, seconded by Councilman Wood, to approve PZ 81-15, Ordinance No. 907. Councilman Wood stated that due to the restrictions he would like to modify the motion. Councilman Hubbard withdrew his motion, Councilman Wood withdrew his second. Councilman Wood moved, seconded by Councilman Hubbard, to approve PZ 81-15, Ordinance No. 907 with the following stipulations: A minimum of an eight foot site barring fence to be placed on the north boundary line, a minimum of a twelve foot green area between the fence and buildings and/or any other construction on the northern boundary, deed restrictions to be furnished by the land owner for the city's benefit restricting the property from any chemical companies and/or companies that create toxic waste. Councilman Hubbard stated he just recently attended one of the city's community meetings in the area and although it was not for this particular side of the highway, at the meeting most of the people was in favor of taking the railroad from one end of the city to the other and making the surrounding property industrial or commercial. Councilman Hubbard stated based on that information he felt like the future Masterplan was going to reserve all properties along the railroad for industrial and commercial purposes. Mayor Pro Tem Freeman asked Mr. Perkins if he had a problem with the motion. Mr. Perkins replied no. Motion to approve carried 3-1; Councilmen Wood, Hubbard and Thomas voting for; Councilwoman Groves voting against. July 13, 1981 Page 8 CONSIDERATION OF ORDINANCE FOR PZ 81-15 APPROVED ORDINANCE NO. 907 Mayor Pro Tem Freeman called a fifteen minute recess. Mayor Pro Tem Freeman called the meeting back to order. The same Staff and Council Members were present as recorded at the beginning of the meeting. 10. Councilman Wood moved, seconded by Councilman Hubbard, to grant R. S. Brooks an appeal hearing to be held July 27, 1981. Motion carried 4-0. 11. Councilman Hubbard moved, seconded by Councilman Wood, to grant an appeal hearing to Gene Stone to be held August 10, 1981 Motion carried 4-0. 12. Councilman Hubbard moved, seconded by Councilman Wood, to approve Ordinance No. 908, amending Ordinance No. 179, Zoning Ordinance. Motion carried 4-0. 13. Mayor Pro Tem Freeman asked Councilman Hubbard to verify the ballot packets. Councilman Hubbard stated the packets were in order. Councilman Thomas moved, seconded by Councilman Hubbard, to approve Resolution No. 81-11. Motion carried 4-0. July 13, 1981 Page 9 RECESS BACK TO ORDER CONSIDERATION OF GRANTING AN APPEAL HEARING ON PS 81-33, REQUEST OF R. S. BROOKS FOR FINAL PLAT OF LOT 1, BLOCK 1, BROOKS ADDITION GRANTED CONSIDERATION OF GRANTING AN APPEAL HEARING ON PZ 81-25, REQUEST OF GENE STONE FOR REZONING OAK LEAF PARK, 2ND FILING GRANTED CONSIDERATION OF ORDINANCE AMENDING ORDINANCE 11179, ZONING ORDINANCE, REGARDING DUAL OWNERSHIP OF DUPLEXES APPROVED ORDINANCE NO. 908 CONSIDERATION OF RESOLUTION CERTIFYING BALLOTS FOR ABSENTEE VOTING FOR PROPOSED CHARTER AMENDMENT ELECTION APPROVED RESOLUTION NO. 81-11 July 13,1981 Page 10 14. Councilwoman Groves moved, seconded by Councilman Hubbard, to approve payment to Leonard Hazel, Inc., in the amount cf $89,187.83. Motion carried 4-0. CONSIDERATION OF PARTIAL PAYMENT TO LEONARD HAZEL, INC., IN THE AMOUNT OF $89,187.83 - PRECINCT LINE RD. APPROVED 15. Councilman Wood moved, seconded by Councilwoman Groves, to approve payment to J. L. Bertram Construction Company in the amount of $14,051.70. Motion carried 4-0. CONSIDERATION OF PARTIAL PAYMENT TO J.L. BERTRAM CONSTRUCTION COMPANY IN THE AMOUNT OF $14,051.70 - NORTH HILLS SEWER LINE APPROVED 16. Councilman Hubbard moved, seconded by Councilwoman Groves, to approve payment to Alan Hamm for right-of-way on Rufe Snow Drive in the amount of $41,819.82. Motion carried 4-0. CONSIDERATION OF PAYMENT TO ALAN HAMM IN THE AMOUNT OF $41,819.82 FOR RIGHT-OF-WAY FOR RUFE SNOW DR. APPROVED 17. Councilman Wood moved, seconded by Councilwoman Groves, to set a public hearing on Rufe Snow Drive Assessment Roll for August 10, 1981. Motion carried 4-0. CONSIDERATION OF SETTING A PUBLIC HEARING FOR AUGUST 10, 1981 ON RUFE SNOW ASSESSMENT ROLL APPROVED 18. None. CITIZEN PRESENTATION 19. Councilman Woods moved, seconded by Councilwoman to adjourn the meeting of July 13, 1981. Da ADJOURNMENT Motion carried 4-0. ATTEST: i \