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HomeMy WebLinkAboutCC 1979-03-26 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, MARCH 26, 1979 - 7:30 P.M. 1. Mayor Faram called the meeting to order March 26, 1979, at 7:30 p.m. CALL TO ORDER 2. Present: Dick Faram Denver Mills Jim Wood John Michener Sid Cavanaugh James Cato Dave Freeman Lena Mae Reeder Mayor Councilmen Councilwoman Thomas Paul Jeanette Moore Rex McEntire A 11 en Bronstad Dick Perkins Chuck Wi 11 i ams Pat t~cLaurin Marjorie Nash Joann Williams Ci ty ~1anager City Secretary City Attorney Director Utilities City Engineer Police Chief PBX Operator Planning and Zoning Member Board of Adjustment Member 3. The invocation was given by Councilwoman Reeder, 4. Councilwoman Reeder asked Mayor Faram if a letter had been received in regards to fire protection for the school. Item seven in the March 12, 1979 minutes. INVOCATION City Manager Paul stated the item had been taken care of. APPROVAL OF MINUTES OF THE MARCH 12, 1979, REGULAR COUNCIL MEETING APPROVED - AS CORRECTED Councilwoman Reeder moved, seconded by Councilman Mills, to approve the minutes of the March 12, 1979 meeting. Councilman Cato stated that on page seven, Mrs. Hazel Lowrances' name was misspelled. Mayor Faram stated the vote was not recorded on item 15. Motion to approve as corrected carried 7-0. City Manager Paul stated it had been checked. Councilman Mills stated the plat still showed Cagle as a dedicated street and it was supposed to be taken off and labeled as private drive. PS 79-9, REQUEST 01 FEDERATED STORES FOR FINAL PLAT OF BLOCKS A, B, C, CALLO~Il\Y FJ\R~1S AnD IT I ON, 3rd Fll...INß___- APPROVED 5. Councilman Wood moved, seconded by Councilman Cavanaugh, to approve PS 79-9, request of Federated Stores, for final plat. Councilman Cato asked if the plat had been checked against the zoning of the property. City Engineer Perkins stated the street was not part of the metes and bounds description of the property. The plat you are approving does not include Cagle Street. Mayor Faram stated he would depart from the Rules and let Mr. Bromberg speak on this item. Mr. John E. Bromberg, Attorney, representing Federated, Inc., appeared before the Council. . Mt'. Bromberg stated a portion of Cagle Street, we believe has been dedicated to the City of North Richland Hills and accepted by 2 written instruments by the City of North Richland Hills. That portion of Cagle Street shown on the plat as a dedicated street is not covered by the plat. The balance of Cagle Street, that portion of Cagle Street shown on the plat, will be a private street and will be maintained by Federated. Councilman Cato asked if Federated was going to put in the entire driveway, 50 foot wide. City Engineer Perkins stated Federated planned a 41 foot street. Councilman Cato asked if the specifications met the Subdivision Ordinance requirement. Mr. Perkins replied yes. Councilman Cato asked if Federated intended to build the 41 foot street to city specifications, with curb and gutter and thickness of asphalt. Mr. Bromberg stated the street would be to city specifications. City Engineer Perkins stated this plat presented does not include Cagle Street. It could be handled 2 separate ways; one approve the plat tonight for the area considered and 2 let them submit plans on Cagle Street for review and we can make a recommendation back to the Council. Motion to approve carried 7-0. 6. Mayor Faram stated the Planning and Zoning Commission recommended the approval of this case, subject to signing a covenant. Councilman Wood moved, seconded by Councilman Freeman, to approve PS 79-8, subject to a covenant being signed for pro rata. Motion carried 7-0. ~ arch 26, 1979 Page 2 PS 79-8, REQUEST 0 CAMBRIDGE CO., DEV CORP., FOR FINAL PLAT OF LOT 3, BLOCK 2, NORTHPARK PLAZA ADDITION, 2n· FILING APPROVED 7. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak in favor of this request to please come forward. Mr. Marion Massey, Attorney, appeared before the Counci 1 representi ng Crites Oil Company. Mr. Massey stated they were requesting approval for a Specific Use Permit for the sale of beer off premise consumption. Mr. Massey stated the property was located on the corner of Davis Blvd., and Grapevine Highway, east of Hudiburg Chev and north of Quick Mart. Mr. Massey stated most of the stations in the area are selling gas and convenient store items. Mr. Massey stated the station was located behind Piggly Wiggly and across the street from Safeway and both stores sold beer. Mr. Massey stated if the permit was approved the building will be remodeled. It already has two drives opening on Davis and Grapevine Highway. Councilman Cato stated if this request was granted the ordinance would have to be changed to read beer for off-premise consumption. The ordinance stated for the sale of Alcoholic Beverages. Councilman Cavanaugh asked if they intended to have keg sales. Mr. Massey replied no. Mayor Faram called anyone wishing to speak in opposition to please come forward. Mrs. Myrtis Byrd, 8320 Dude Court, appeared before the Council. Mrs. Byrd stated she would like to know what the city was going to do about the traffic at thi~ location. Mrs. Byrd stated there was already a traffic problem at this location. Mrs. Byrd stated the city was not planning long range plans for the streets. Mayor Faram stated the State was in the process of re-building Grapevine Highway at the present time. Mrs. Byrd stated she was referring to Bedford-Euless Road and that was not a State maintained street. Mayor Faram asked Mrs. Byrd if she knew the location of Crites property. Mrs. Byrd stated she knew the location, but some plans needed to be made on how the traffic was going to get in and out. March 26, 1979 Page 3 PUBLIC HEARING, PZ 78-38 REQUEST OF CRITES OIL CO., TO REZONE LOT lA, BLOCK 1, RICHFIELD ADDITION FROM LOCAL RETAIL- LOCAL RETAIL - SPECIFIC USE-SALE ALCOHOLIC BEVERAGE March 26, 1979 Page 4 Mayor Faram closed the Public Hearing. 8. Councilman Cavanaugh moved, seconded by Councilman Cato, to approve PZ 79-38, with the stipulation Beer for Off- Premise Consumption only be stipulated on the Ordinance and if the property sells the specific use permit be void CONSIDERATION OF ORDINANCE FOR PZ 79-38 APPROVED ORDINANCE NO. 741 Motion carried 6-1; Councilmen Cavanaugh, Mills, Cato, Freeman, Wood and Councilwoman Reeder voting for; Councilman Michener voting against. Mr. Wayne appeared before the Council. Mr. Wayne stated he was the owner of the property. The property is located at 7343 Grapevine Highway. Mr. Wayne stated he had been in the car business for ten years. He planned to take the property and make a unique auto facility. PUBLIC HEARING REQUEST OF ANDREW S. WAYNE TO REZONE LOT 11A, BLOCK 5, NORTH RICHLAND HIt ADDITION FROM LOCi RETAIL TO COMt1ERC: SPECIFIC USE-SALE OF USED AUTOS AND TRUCKS 9. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak for this case to please come forward. Mr. Wayne showed the Council a picture of the building he planned to build. Councilwoman Reeder asked Mr. Wayne if he was aware that he would have to build a sight barring fence. Mr. Wayne replied he was aware of the fence. Councilman Mills asked what type of used cars he would sell. Mr. Wayne stated he would be selling older classic cars. Councilman Mills asked if he would have any objections to the Council stipulating the age and types of cars to be sold. Mr. Wayne stated he would accept the stipulation, but felt it would be limiting his business. Councilman Wood asked Mr. Wayne the hours he would be open. Mr. Wayne stated he would close at 8:00 p.m. Councilman Wood asked Mr. Wayne if he would open on Sunday. Mr. Wayne replied no. Councilman Wood asked Mr. Wayne how he planned on lighting this lot. Mr. Wayne stated the lighting would be from the rear to the front type lighting. Councilman Cavanaugh asked Mr. Wayne if he could assure the Council the building would be like the one shown. Councilman Cato stated the picture could become a part of the ordinance. Councilman Freeman asked if a description of the cars could be put in the ordinance. Mr. Wayne stated he planned to sell vintage, classic, unique cars. Mayor Faram asked Mr. Wayne if he would object if the Council tied this request to a specific owner. Mr. Wayne replied he had no objections. Mayor Faram called for anyone wishing to speak in opposition to please come forward. No one appeared. Mayor Faram closed the Public Hearing. 10. Councilman Freeman moved, seconded by Councilman Michener, to approve PZ 79-2, Ordinance No. 742, with the stipulation the property would be according to the artist's rendering and be exhibit 1 and part of the ordinance, be specific use for sale of automobiles and trucks for present owner only. Motion carried 7-0. 11. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak in favor of this item to please come forward. Mr. Tom Paty appeared before the Council to represent this request. Mr. Paty stated there was a restaurant in Dallas like the one he planned to build here and one under construction in Addison. Mr. Paty stated Bennigan's would have approximately 6900 square feet of floor space, seat approximately 266 and employ about 90 peopl e. ~1r. Paty stated there woul d be landscaping on the north side of the building, which faces Bedford-Euless Road. Mr. Paty stated the menu would be similar to Steak and Ale. Mr. Paty stated the Specific Use is for on premise consumption to better serve the people. March 26, 1979 Page 5 CONSIDERATION OF ORDINANCE FOR PZ 79-2 APPROVED ORDINANCE NO. 742 PUBLIC HEARING FOR PZ 79-3, REQUEST OF STEAK AND ALE OF TEXAS, INC., TO REZONE TRACT 3A, ABSTRACT 308, & TRACT 11, ABSTRACT 1606 FROM CDr1MERCIA TO CDrIIMERCIAL SPECIFIC USE SALE OF ALCOHOLIC BEVERAGES Councilman Cato asked how the books would be set up on the bar to show the 2/3 required for liquor. Mr. Paty stated the books would be set up like Steak and Ale's were. Councilman Michener asked what the percentage of liquor Versus food was. Mr. Paty stated in the ten restaurants currently operating, it was about 70% food to 30% alcohol. The restaurant was keyed more to liquor sales. Mayor Faram called for anyone present to speak in opposition please come forward. No one appeared to speak in opposition. Mayor Faram closed the Public Hearing. 12. Councilman Cavanaugh moved, seconded by Councilwoman Reeder to approve PZ 79-3, Ordinance No. 743. Motion carried 6-1; Councilmen Cato, Mills, Cavanaugh, Freeman and Wood and Councilwoman Reeder voting for; Councilman Michener voting against. 13. Mayor Faram stated the Planning and Zoning Commission recommended approval of this request. Councilman Mills moved, seconded by Councilwoman Reeder, to approve PS 79-11, subject to the Engineer's letter. Motion carried 7-0. 14. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak in favor of this case to please come forward. Mr. Doug Long, Engineer, Hurst, appeared before the Council to represent this case. Mr. Long stated this request was primarily to facilitate the use of the land. Mr. Smith planned to build an office on part of the land. Councilman Mills stated the Council wanted to keep the land adjacent to the railroad Industrial, did he have any objections to rezone to Industrial instead of Commercial. Mr. Long stated they felt they could get what they nèeded under commercial. March 26, 1979 Page 6 CONSIDERATION OF ORDINANCE FOR PZ 79-3 APPROVED ORDINANCE NO. 743 PS 79-11, REQUEST ( STEAK AND ALE OF TEXAS, INC., FOR FINAL PLAT OF BENNIGAN'S ADDITIOi APPROVED PUBLIC HEARING FOR PZ 79-5, REQUEST 0: MARVIN SMITH TO REZONE TRACTS 13A I 13B, ABSTRACT 130, FROM AGRICULTURE TI COMMERCIAL Councilman Mills asked if Mr. Smith was going to build on all the property. Mr. Long stated Mr. Smith was going to build all he could and would probably lease some of the property. Mayor Faram called for anyone in opposition of this request to please come forward. No one appeared. Mayor Faram closed the Public Hearing. 15. Councilman Freeman moved, seconded by Councilman Wood, to approve PZ 79-5, Ordinance No. 744. Councilman Cavanaugh stated he would hate for the city to lose the concept of where the city was going by changing the Industrial zoned property to Commercial. Councilman Cavanaugh stated Industrial zoning would not limit Mr. Smith in his investment and it certainly gives the city the premium of the land to use as Mr. Smith sells the land. Councilman Cavanaugh stated he did not want to change the zoning to commercial. Councilman Wood asked on commercial property, the way this one is being proposed, other than office buildings, what could be built on that same property after it is zoned and platted. Councilman Cavanaugh read an excerpt from the Zoning Ordinance on what could be built on commercial zoned property. Councilman Mills stated Industrial zoning allowed more than Commercial. Councilman Mills stated he felt the Council should establ ish a Council Pol icy that when the Council zones property, and there is a lot Qf agriculture along the railroad, the Council needs to demonstrate that the Council has a commitment to utilize the land for light Industrial use. Councilman Mills stated he felt it would not make any difference to Mr. Smith, but if the Council establishes a precedence and " tries to maintain any tract that goes from agriculture along the railroad city wants it to be Industrial. Mayor Faram asked Mr. Smith if he had any objections to the property being zoned Industrial. Mr. Smith stated he had no objections, he planned to build on the property himself. He planned to build two offices on the front pa'rt of the property and offi ce and warehouse space on the back of the property. March 26, 1979 Page 7 March 26, 1979 Page 8 City Attorney McEntire stated if the request was changed from Commercial to Industrial, Mr. Smith would have to go back through Planning and Zoning because it had been published as Commercial. Mayor Faram asked Mr. Smith if it would cause him any problems to go back to Planning and Zoning. Mr. Long stated they had the final plat ready for the next Council meeting and the house on the property was ready to be moved. They would like to begin building on the two front lots. Councilman Freeman asked if the Council could go ahead and approve the Commercial zoning where Mr. Smith wanted to build his office and re-circulate the remaining property and zone it Industrial at a later date. Councilman Wood stated he would like to give the Staff the authority to waive the fee for re-zoning. Motion to approve carried 6-1; Councilmen Mills, Wood, Cato, Michener, and Freeman and Councilwoman Reeder voting for; Councilman Cavanaugh voting against. 16. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak in favor of this request to please come forward. Mr. Marvin Smith, Builder, North Richland Hills, appeared before the Council. Mr. Smith stated this property was located east of Foster Village and fronts on Doualas Lane. Mr. Smith stated he planned to build a miniumum.of 1,600 square foot homes, similar to the homes in the area. These homes will be tying into Windcrest Addition. PUBLIC HEARING FOR PZ 79-6, REQUEST Of ~1ARVIN SMITH TO REZONE TRACTS lA & 2B, ABSTRACT 311, FROM AGRICULTURE T( IF-9 ONE FMlIL Y DWELLI NG Councilman Cavanaugh asked Mr. Smith if he could give a percentage of the homes that would be 1,600 square feet. Mr. Smith stated no house would be under 1,600 square feet. Councilman Wood asked if the drainage on this property had been discussed. Mr. Smith stated his Engineer would work out the drainage with the City Engineer. Mayor Faram called for anyone in opposition to please come forward. No one appeared. 17. Mayor Faram closed the Public Hearing. Councilwoman Reeder moved, seconded by Councilman Mills, to approve PZ 79-6, Ordinance No. 745, with the stipulation of 1,600 square feet of living area. Motion carried 7-0. 18. ~ayor Faram opened the Public Hearing and called for anyone present wishing to speak for this request to please come forward. Mr. Gene Long, Bedford, appeared before the Council. Mr. Long stated he and his partner, Mr. Bainisch had been in the Pizza business in the area about 13 years. Mr. Long stated they saw an opportunity in the mid-cities area for a restaurant that would be something special. Mr. Long stated he planned on having a 10,000 square foot building, employ about 100 people and have valet parking. They would serve steaks and sea food. Mr. Long stated the restaurant would face Highway 121A. There would be no problem with parking. Mr. Long stated they had purchased eight acres and had no future plans for the rest of the property. Mr. Long showed a lay-out of the building. Councilman Cavanaugh asked if the building on top of the restaurant was a bar. Mr. Long stated they called it a crows nest. There was room for about 10 or 12 people if they wanted to relax and look around. Councilman Wood asked Mr. Long if it would be tolerable to his organization if a part of this land was set aside as specific use, if the ordinance was written based'on the site plan submitted and attached to the ordinance and limited to Miller-Epoch Corporation. Mr. Long stated Miller-Epoch Corporation is when they purchased the property from. Mr. Long stated the land they wanted to develop was the land in question, it was one parcel of land and that is what they purchased. Mr. Long stated if the Council had rather be specific, to say here is the development for just this. In our agreement we had to agree that Miller-Epoch Properties would have architectural control for anything that is ever built on the property. March 26, 1979 Page 9 CONSIDERATION OF ORDINANCE FOR PZ 79-6 APPROVED ORDINANCE NO. 745 PUBLIC HEARING FOR PZ 79-7, REQUEST OF MILLER-EPOCH CORP., TO REZONE TRACT 3B, LOCAL RETAIL TO LOCAL RETAIL- SPECIFIC' USE SALE OF ALCOHOLIC BEVERAGES March 26, 1979 Page 10 Councilman Wood asked if the Council gave a total Specific-Use for all the property would the Council have the choice of possibly what could go in on the rest of the property. Councilman Wood stated he strongly suggest the Specific-Use be for the property that is being built on. Mr. Long stated there would be no problem limiting the Specific-Use. Councilman Cavanaugh stated that on the preliminary plat Mr. Long did not plat Bridal Path, it shows to be a private road. Councilman Cavanaugh asked if they had any intentions of opening Bridal Path. Mr. Long stated there had been a lot of discussion on the opening of Bridal Path and he would leave it to the Council IS descretion. Councilman Cato stated he assumed the entire 7 7/8 acres would be contained in this request and they were not separated into tracts at this time. Mr. Hedgcoth, Mr. Long's engineer, stated that was correct, however, in the development plan they are platting only the first lot, is about 1.8 acres. Councilman Cato stated he shared Councilman Woods concern over zoning 7 7/8 acres for alcoholic beverages and using only 1.8 acres. Councilman Cato asked if there was anyway the Council could protect the city from further sale or further use of the rest of the land since this request was for the entire 7 7/8 acres. City Attorney McEntire stated the Council could restrict the Specific- Use to the 1.8 acres. Councilman Cato asked if the Council could restrict the Specific-Use zoning other than what is called out by the metes and bounds spelled out on this zoning request. City Attorney McEntire asked Mr. Long if he could get the city a description of the tract that is going to be built on. Mr. Long stated he could get the description. Councilman Cato stated the Council's concern was glvlng a Specific- Use permit for the 7 7/8 acres when they were going to use only 1.8 acres. Councilman Cato stated the rest of the property would still carry the same zoning and would not be able to be used for anything unless it was rezoned. Councilman Cato stated he was going to recommend that if the Council passed this request, contingent on Mr. Long getting a description of the 1.8 acre plat or particle that this zoning could be tied specifically to and leave the rest un-zoned. March 26, i979 Page 11 Mr. Long stated the 2 1/2 acres hence forth would be known as lot 1. Mr. Bob Bentel, 8700 Harwood Road, Epoch-Properties, appeared before the Council. Mr. Bentel stated he owned the property north of Mr. Long's property and was involved in the sale of the property to Mr. Long. Mr. Bentel stated he had under development 200 apartments on Harwood Road and plans. to develop south on the property toward the Freeway. Mr. Bentel stated that the plan Mr. Long had shown him indiëated that the restaurant would be very respectful and be a credit to the community. Mayor Faram called for anyone in opposition to please come forward. Mr. Robert Chadwell, 4912 Oakridge Terrace, appeared before the Council. Mr. Chadwell stated he was not in opposition to the restaurant. Mr. Chadwell stated he would like consideration on the opening of Bridal Path. Mr. Chadwell stated he felt like it would be an overload to a residential area if Bridal Path was opened. Mr. Chadwell stated he would like to have the Council IS consideration as to not opening Bridal Path. Councilman Cavanaugh stated he would like to remind the Council that they were changing zoning on a piece of property that they had no control over how it would be developed in the future. Councilman Cavanaugh stated that if the Council was going to stay within the guidelines of what they wanted in the city, they should not blind zone this property without some knowledge of what was going to be built, at least the section that is not going to be used. Councilman Wood asked City Engineer Perkins if the Council zoned the rear half Local Retail and it was platted, if someone came in for a construction permit, would the Council have control of what was being built on the property. Mr. Perkins stated the Council would not have any control over what could be built. Councilman Cato asked Mr. Long if the Council required him to open Bridal Path, would the proposed Lot 1 lie in the path. Mr. Long stated he did not own the street. He had no plans for Bridal Path. Mayor Faram closed the Public Hearing. 19. Councilman Cavanaugh moved, seconded by Councilman Cato, to approve PZ 79-7, Ordinance No. 746, with the stipulation only 1.8 acres be zoned Local Retail - Specific Use - Sale of alcoholic beverages, the remaining property stay at the current zoning, Specific Use permit limited to Mr. Gene Long and Jim Bainisch. Motion carried 7-0. Councilman Cato asked if Ordinance No. 746 would be rewritten with the correct description. Mayor Faram replied yes. 20. Councilman Cavanaugh excused himself from the Council Table because he is a personal property owner. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak in favor of this request to please come forward. Mr. Charles Reynolds, .4445 AJpha, Dallas, appearèd before the Council. Mr. Reynolds stated the property was presently zoned residential. Mr. Reynolds stated he felt the property was not suitable for residential use primarily because of the Commerical growth and all the Freeway traffic. Mr. Reynolds stated the Shopping Center he would propose would employ about 60 people from North Richland Hills and would create 20 to 21 new businesses in the Shopping Center, also an estimate four million dollars in sales taxes to the city. Mr. Reynolds stated he would be improving the street and putting in utilities. Mr. Reynolds stated the intended to make this a very attractive area to the city. Mr. Reynolds stated he wanted the Specific Use Permit in hopes of attracting a nice restaurant. Mr. Reynolds stated the Pastor and church were not supportinq the liquor. ~1r. Reynolds stated North Richland Hills would have a new church, this will be Rolling Hills Baptist Church. Mr. Reynolds stated in order for them to build a new church, they own the property in question, if the property is rezoned Mr. Reynolds will buy the land and the church will have the money to build a new church. Mayor Faram asked if the church was on record as the owner of the property. Mr. Reynolds stated the church was the owner of the property at the present time. March 26, 1979 Paqe 12 CONSIDERATION OF ORDINANCE FOR PZ 79-7 APPROVED ORDINANCE NO. 746 PUBLIC HEARING FOR PZ 79-8, REQUEST OF CHARLES D. REYNOLDS TO REZONE LOTS 9, 11, 12, 13, AND THE SOUTH HALF OF LOT 9 BLOCK A & LOT 7, AND A PORTION OF LG 6, BLOCK B, RICHLJ\ ; OAKS ADDITION FROM 1F-12-0NE FAMILY DWELLING TO COMM- ERCIAL SPECIFIC USE SALE OF ALCOHOLIC BEVERAGES March 26, 1979 Page 13 Mayor Faram asked if the church had no objections to selling liquor on the property. Mr. Reynolds replied the church was not for the sale of alcoholic beverages. Mayor Faram asked Mr. Reynolds if he asked the members of the church specifically if they would object to the sale of alcoholic beverages. Mr. Reynolds stated the members would not object to the sale of alcoholic beverages. Mr. Reynolds stated he advised the church if he bought the property he would have to have the Specific Use Permit. Councilman Mills asked Mr. Reynolds if he was going to buy the property contingent on the zoning. Mr. Reynolds replied he was going to buy the property and build a shopping center if it is zoned commercial. Councilman Mills asked Mr. Reynolds if he would be interested in buying the property if it was zoned Local Retail without the Sepcific Use Permit. Mr. Reynolds stated he would be interested in buying the property if it were zoned Local Retail. Councilman Mills asked why the property was divided up. Mr. Reynolds stated approximately 18,000 feet of the property lay on the east side of Mesa Verde Trail; owned by the 'church, and 14,000 feet on the west owned by a former resident. Councilman Cato asked Mr. Reynolds if he had any particular restaurant in mind at this time for the sale of alcoholic beverages. Mr. Reynolds stated he did not have a restaurant deal made at this time. Mr. Reynolds stated he had inquiries from two restaurants that stated they would like to be in a- shopping center. Councilman Freeman asked if the property backed up to residences on the west side. Mr. Reynolds replied it did. Councilman Freeman asked Mr. Reynolds how he planned on making the transition between the shopping center and the residential area. Mr. Reynolds stated he planned to set the building, because of City Ordinances, 40 feet east of the line between his property and the residences. Mr. Reynolds stated he planned to put up a fence to meet City Zoning Ordinances, or better. Mr. Reynolds stated he planned to put a round cylinder light on the back of the building, it would shine down and up not out. Mr. Reynolds stated there was about 40 feet that will be used for parking, primarily an employee parking. March 26, 1979 Page 14 Councilwoman Reeder asked Mr. Reynolds if he put in a restaurant would he need the alcoholic beverage permit. Mr. Reynolds replied yes. Councilwoman Reeder stated that Mr. Reynolds was saying the church was supporting the alcoholic beverage permit. Councilwoman Reeder stated it was hard for her to believe the church was supporting the request, they were in the soul saving business not in the drumminq up business. Mr. Reynolds stated the church asking for the sale of liquor. business and they need to build growing community. and Christian people present were not The church was in the soul saving a new church to better serve a Councilwoman Reeder stated they did not need to build a church off the sale of liquor. Mr. Reynolds stated the church was not supporting the sale of liquor. Mr. Reynolds stated if the Council approved the request for commercial he would withdraw his request for the sale of liquor. Mr. Sheldon Anisman, 800 Baker Building, with the law firm of Simon and Simon, representing Rollinç¡'Hi11s Baptist Church appeared before the Council. Mr. Anisman stated he was just recently hired by Rolling Hills Baptist Church and was not fully aware of the undercurrents that had ebbed and flowedtonight"with respect to some of the emotional matters that were oboviously involved. Mr. Anisman stated one of the sad things about zoning problems that the Council has to make in their official duty. Mr. Anisman stated one of the problems was the fact that most got involved in a lot of emotional matters that do not really have a material basis on what they are trying to decide. Mr. Anisman stated the question was whether or not it would be proper zoning on this property. Mr. Anisman stated he would venture to say that if some other firm or ínstitution pwned the property in question there would not be the side-talking and the emotional charge that has been done tonight. Mr. Anisman stated what the Rolling Hills Baptist Church needed to do, on behalf of its self, is to sell part of the property. Mr. Anisman stated what the church was going to do with the fact that the church had, noble purpose for the money should not concern anyone. Mr. Anisman stated the church needed to sell the property, it was not suitable for the church 'where they are attempting to sell. Mr. Anisman stated he would ask the Council not to penalize the church for something they had little or no control over, not make them sell their property for any less than anyone else could sell theirs for or for anything less than anyone could get if it was not a church. Mr. Anisman stated he had a petition with over 160 signatures asking for this rezoning. Mr. Anisman presented the petition to Mayor Faram. Mr. Anisman stated the simple truth was the property in question was no longer suitable for residential. The Freeway is so close, other proposals which the Council has granted tonight are close, it is imperative that the highest and best use for the property is commercial. Mr. Anisman stated he felt the granting of this request would enhance the value of surrounding property. Mr. Anisman stated the streets would be improved9 it will be new business, new progress, a higher tax base, new employment to the City of North Richland Hills and hopefully a new Religious Institution. Mayor Faram called for anyone in opposition to speak. Mr. Sidney Cavanaugh, 4808 Oakridge Terrace, appeared before the Council. Mr. Cavanaugh stated he was speaking in opposition for the land owners adjacent to the property and some land owners that are not. Mr. Cavanaugh stated the land owners had filed a petition in the specified dates to file a petition. Mr. Cavanaugh stated he believed the petition was 20% of the land owners. Mr. Cavanaugh stated the interesting thing about the opposition is that the land owners kind of agree with everything that has been said. Mr. Cavanaugh stated what. the land owners were concerned about was that the area was residential, regardless of what someone thinks of the neighborhood, the families live there and they were proud of the nei~hbo~hoód. . Mr. Cavanau~h stated this was one of the nicest areas.that he had found in North Richland Hills and would hate to see it run-down by saying it was no longer residential. Mr. Cavanaugh stated another main factor he thought was the Deed Restrictions, it states the homes can not be changed from residential. Mr. Cavanaugh stated he did not know how legal the Deed restrictions were, but the homeowners are willing to find out. Mr. Cavanaugh stated another area the homeowners thought was important is that someday the property would be suitable for 100% commercial. Mr. Cavanaugh stated the homeowners opposed the zoning mainly because they feel an area is being taken where there are residential homes on one side, a blank area in the middle, a street, then residential homes again. Mr. Cavanaugh stated if he were moving to the city and saw houses and then a shopping center back to back it just would not seem that that was good planning. March 26, 1979 Page 15 March 26, 1979 Page 16 Mr. Cavanaugh stated he understood the church needed the money to build a new church and the homeowners were for it, but do not want to be the ones that suffer everything because they have their total life investments in the porperty and do not have a congregation to help, they have only the homeowners. Mr. Cavanaugh stated he felt that the city'should be patient and consider that time is the best element to work with. Mr. Cavanaugh stated that if you consider that you are talking about approximately 40 acres and throw in the churches property you are talking about a much larger parcel of land. Mr. Cavanaugh stated he did not think the church would build on the property if there were going to be restaurants on sides of them. Mr. Cavanaugh stated he felt the property in the future could be used for a much greater tax base for the city if some investment company came in. Mr. Cavanaugh stated if you look between the Dallas and Fort Worth Metroplex there is not one major hotel, in what you could call fancy. Mr. Cavanaugh stated if you take away the residental zoning as of now and strip it with 35,000 feet of Local Retail you take away the total market value of the parcel of land. Mr. Cavanaugh stated he would like to remind the Council that there is a barr ditch running thru the property that is going to cause many problems down the road and it was a perfect opportunity for the city to have the ditch paid for by an investor that would perhaps buy the whole parcel of land. Mr. Cavanaugh stated he was not saying that each individual would sell individually, but they realize that the city could gain some tax revenues and they are willing to negotiate with anyone for the total sale. Mr. Cavanaugh stated the homeowners were not belittling the church, they just wanted what was fair. Mr. Cavanaugh stated he had lived on Oakridge Terrace for three years and knew the church originally bought the property to build a church and now they say it is not suitable for a church. ~1r. Cavanaugh stated that in the back of his mind, as a business man, with thirteen years of investment and knowing about what people do with investments could not help but wonder if the church bought the property for an investment to get the money to build the church. Mr. Cavanaugh stated the homeowners had an investment there too. Councilman Cato asked Mr. Cavanaugh if his presentation was against both aspects of the zoning, both Local Retail and the sale of alcoholic beverages. Mr. Cavanaugh stated that was correct. Mrs. Myrtis Byrd, 8320 Dude Court, appeared before the Council. Mrs. Byrd stated she lived across the street from the people asking that this request be denied. Mrs. Byrd stated that Dr. John Ramey appeared at the Planning and Zoning Commission when this request went before them and asked that a Specific Use Permit be granted so the property could be sold to possibly get enough'money tö build the church. Mrs. ßyrd stated she.was not trying to stoP. progress, but felt she was in a highly developing area. Mrs. Byrd stated she would like for the Council to take into consideration what goes in on the property. Mr. Chadwell, 4912 Oakridge Terrace, appeared before the Council. Mr. Chadwell stated he would just like to ask if this was the only property the church owned or only property they had for sale. Mayor Faram advised Mr. Chadwell he did not feel that was pertinent to this zoning matter. Mayor Faram asked if the Council objected to rebuttal time. No one objected. Mr. Anisman stated he felt they had been misquoted, the property on the front which consists of the 3 1/2 lots the church now.owns,. it is not where the church intends to build. There àre eight acres in the back where the church intends to build. Mayor Faram closed the Public Hearing. 21. Mayor Faram asked if the petition presented by the people in opposition was legal. City Secretary t·1oore repl ied the petition was legal. Mayor Faram advised the Council it would require 3/4 positive vote of the Council to change the zoning on this property. Councilman Freeman moved, seconded by Councilman Michener, to disapprove PZ 79-8. Councilman Mills asked Mr. Cavanaugh if he represented the two homeowners east of Mesa Verde Trail. Mr. Cavanaugh replied yes. Councilman Mills asked if anyone was present from the Church that lived in the area. There was no one present that lived in the area. Motion to disapprove carried 6-0. March 26, 1979 Page 17 CONSIDERATION OF ORDINANCE FOR PZ 79-8 DENIED March 26, '1979 Page 18 Mayor Faram called a fifteen minute recess. RECESS BACK TO ORDER Mayor Faram called the meeting back to order. The same Members of the Council and Staff were present as recorded at the beginning of the meeting. Mrs. Mary Jo Shaunty, Planning and Zoning Member now present. 22. Councilman Cato moved, seconded by Councilman Cavanaugh, to disapprove PS 79-26. Motion carried 7-0. PS 79-26, REQUEST CHARLES REYNOLDS FOR REPLAT OF LOT BLOCK A" & LOT 6R, BLOCK B, RICHLAND OAKS ADDITION DENIED PUBLIC HEARING FOR PZ 79-9, REQUEST 0 JAY KANTER TO REZC TRACT 1A1A, ABSTRA 308, AND TRACT 1,1 & lc1, ABSTRACT 16 FROM PLANNED DEVE- LOPMENT TO MULTI- FAMILY 23. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak for this case to please come forward. Mr. Ernest Hedgcoth, Engineer, representing t1r. Jay Kanter appeared before the Council. Mr. Hedgcoth advised the Council they were requesting that the Planned Development zoninq be changed because it was not functional and the Ordinance was very confusing. Mr. Hedgcoth stated it was almost impossible to tell what the ordinance says and how to develop the property. Mr. Hedgcoth stated the present configuration of the property also put a limit on the development and makes it very uneconomical to develop. Mr. Hedgçoth stated he was requesting that the zoning be changed to Multi- Family for the 6 3/4 acres to conform with the zoning in this highly developing area along Harwood Road and Precinct Line Road. Mr. Hedgcoth stated he felt the property could best be developed under Multi-Family zoning. The Planned Development, as it now stands, will permit the construction of 96 units, Multi-Family would only increase the units that would be put in by 20 to 30 units. Mr. Hedgcoth stated he felt he could get a better development that would be an asset to the city by us i ng the t~ulti -Fami ly pl an. Councilman Mills stated he felt that Planned Development was one of the easiest zonings the city had to understand because at the time you apply for the zoning you have to prepare a plat that is more detailed. Councilman Mills asked Mr. Hedgcoth why he felt that in this case it was a difficult plan to understand. Councilman Mills asked if it showed the units, landscaping, the streets and the whole thing in the plan. Mr. Hedgcoth replied it did not show the whole plan. Mr. Hedgcoth asked City Engineer Perkins if he had seen the plan. Councilman Cato replied he had a plat of the property. March 26, 1979 Page 19 City Engineer Perkins asked Councilman Cato if he had the revised plat. Councilman Cato stated there was no date on the plat. It showed the one-story units and tapering down to the two-story units. City Engineer Perkins stated he had a plat on micro film at his office. He was unable to get a print because the machine was down. Mr. Perkins stated the revised plat included the revisions specified in the ordinance. Mr. Hedgcoth stated he felt the Planned Development was very restrictive on the development. Mr. Jay Kanter, owner of the property, appeared before the Council. Mr. Kanter stated Planned Development was a little bit difficult for him to operate under. Mr. Kanter stated he was not sure how many units he could build on the property, and every builder when he comes in to develope does it in his own style. Mr. Kanter stated according to this Planned Development every building must be setting at exactly the same posture as shown on the plan. Mr. Kanter stated he had looked at the plan and it was confusing, and another thing is there is a single family house on the property. Mr. Kanter stated if he wanted to sell the single family house to an individual, and that was in the works now, he could not sell under Planned Development because it does not conform. Mr. Kanter stated he had no specific plans to build on the property today. Mr. Kanter stated he was knowledgeable of the water problem within the city and if he was 1 ucky enough to get a contract on the property it would be two years before it would be ready to be opened. Mr. Kanter stated he could not get a quality builder on the property to develop it in its present capacity and since the property to the east is zoned Multi-Family from a 110 feet from the barr ditch all the way east he felt this was the proper use of the property to tie it into Multi-Family. Mr. Kanter stated there was a drainage ditch between this property and the residential section. Mr. Kanter stated he felt it would not hurt the houses to continue the Multi- Family zoning over to the drainage ditch and up to the Rolling Hills Baptist Church. Mr. Kanter stated he thought he could get 96 units on the property, he was not 100% certain because the ordinance was confusing. Mayor Faram asked Mr. Kanter if he had owned the property since it had been zoned Planned Development. Mr. Kanter replied no. Mayor Faram asked if there was a site plan filed with the ordinance as Planned Development or was there a revised plan. Councilman Cato stated there was a revised plan, but the city did not have a copy. The City Engineers~ had a copy. City Engineer Perkins stated there was a micro film copy of the plat with the revisions that were requested in the ordinance. Mayor Faram asked Mr. Kanter if he was bound to the site plan. Mr. Kanter replied he was bound to the site plan and doubted seriously if a developer could build to the plans shown. Mayor Faram asked if the property had always been in one piece or separate, was it part of the Multi-Family to the east. Mr. Kanter stated the two pieces were originally put together and then they were split off and sold to Lan Syndicates. Mayor Faram asked if the Multi-Family was put in to reduce the density along the drainage ditch. Councilman Cato stated this was in an area where Mr. Howard had gotten a zoning permit and built a house and was land- locked. Mr. Howard created a private drive to the south, , the only outlet. Councilman Cato stated the·Planned Development zoning came in and the people across the drainage channel objected to the high density and the two story apartments. A Compromise was worked out with a great deal of effort on the part of the Engineer's for both parties. Councilman Cato stated that in order to cut down the high density and cut down the height of the proposed structures just behind the existing one family dwellings across the drainage ditch, in addition a sight barring fence was to be put up behind the one-story dwellinas. Councilman Cato stated it was more involved than an arbitrary decision on someones part to put this together. Mayor Faram asked if the Planned Development was sold separately away from the main piece of property. Councilman Cato replied it was sold separately. Mayor Faram asked if the plan showed one-story buildings. Councilman Cato stated the plan showed one-story buildings at, the north end with some one-family behind it and two- story at the south end to taper away from the residential houses. Councilman Wood asked if Mr. Kanter was basing his request on economics and the highest and best use of the land. Mr. Kanter stated his request was based on several reasons. Mr. Kanter stated he did not think this was sound planning the way it was now. Councilman Wood asked Mr. Kanter what he intended to do with the single family residence that is on the property at the present time. March 26, 1979 Page 20 March 26, 1979 Page 21 Mr. Kanter stated he will try and workout a deal to where the people living there now could buy the residence. They desire to buy the property and know what the plans are for the property. Mr. Kanter stated they could not buy the house under the present zoning. Councilman Cato advised Mr. Kanter he thought he missed the primary point of the original zoning and that was to keep multi-story from directly behind the residents that exist on the opposite side of the drainage channel. Councilman Cato asked if in Mr. Kanters request for Multi-Family would he care to restrict to one-story Multi-Family or duplexes. Mr. Kanter stated he did not feel that was a good planning concept because you would end up with strip zoning. Mr. Kanter stated as far as the two-story, you would still be putting one-story duplexes or one-story attached housing across from the single family residence. Councilman Cato stated he was speaking of one-story condominiums, townhouses or duplexes for multi-family rather than the wide open two-story multi-family. Mr. Kanter stated that under the present zoning he could not even get anyone to look at the property. Councilman Cavanaugh stated the thing that concerned him most of all was changing the zonings in the city without knowing what was going to be built Councilman Cavanaugh stated the city had an objective to know what was going to be built on the property because it was zoned Planned Development and he could not see Mr. Kanter telling the Council he could not do anything with the property until the zoning was changed. Mr. Kanter stated that most of the remaining property in the area was already zoned multi-family. Councilman Michener asked Mr. Kanter where he planned on putting the street on the property. Mr. Kanter stated he planned on the street being more in the center of the property. Mr~ Richard Contreras, 6732 Green Acres Drive, appeared before the Council. Mr. Contreras stated he was part of the original organization that sold the property in 1971. Mr. Contreras stated that at that time the property was Planned Development on approximately 6 acres and the rest was already zoned multi- family. Mr. Contreras stated that in the meantime the property was leased to his mother-in-law who has lived on the property for seven years. Mr. Contreras stated he would like to go on record as favoring the zoning change. March 26, 1979 Page 22 Mrs. Jewel Higginbotham, 8332 Jerri Jo, appeared before the Council. Mrs. Higginbotham stated she had lived on the property seven years. Mrs. Higginbotham stated the property was land locked. Mrs. Higginbotham stated she would like to go on record as favoring the multi-family zoning. Mrs. Higginbotham stated multi-family was adjacent up to the acreage where the house is located. Mrs. Higginbotham stated she could not buy the house under the present zoning. Mrs. Higginbotham stated there was also a flood problem with the street and the private drive. Mrs. Higginbotham stated she had two different address, one is 8332 Jerri Jo the mailing address because the house was built and the drainage channel was cut thru and cut the property off. Mrs. Higginbotham stated her other address was 5000 Oakridge Terrace because no one could find 8332 Jerri Jo. Mrs. Higginbotham stated she felt if the property was developed it would improve the property as well as the community. Mayor Faram called for anyone in opposition of this request to please come forward. Mrs. Myrtis Byrd, 8320 Dude Court, appeared before the Council. Mrs. Byrd stated this was the third time she had appeared on the piece of property trying to be rezoned. Mrs. Byrd stated that at the time the property was asked to be zoned for apartments the neighbors got a petition against the zoning. Mrs. Byrd stated there was a deed restriction on her property that the apartment zoning had to stay so far away from her property. Mrs. Byrd stated the zoning request was turned down. Mrs. Byrd stated the Public Works Director at that time came to her house and asked if she would object to Planned Development, townhouse type apartments. Mrs. Byrd stated she told him no and at that time the zoning for Planned Development was approved. Mrs. Byrd stated pictures were shown and it was single story with ,a buffer zone. Mrs. Byrd stated she would go for Planned Development single dwelling. Mrs. Byrd stated there was also a drainage problem in the area. Councilman Cato asked Mrs. Byrd when she said she and the neighbors would go for single dwellings, did she mean town- houses. Mrs. Byrd replied yes, like the zoning was approved and with a buffer zone. Councilman Wood asked Mrs. Byrd if she had seen the plans of the property. Mrs. Byrd replied no. Councilman Wood asked if a 90 foot ditch would be considered a buffer zone. Mrs. Byrd stated the ditch was not there when the property was rezoned. March 26,1979 Page 23 Councilman Mills asked if a compromise could be reached and the 110 foot strip that is behind the property be left Planned Development and zone the portion the house is on t1ulti-Family, east of the ditch. Mrs. Byrd stated as long as the Multi-Family was east of the ditch it would be fine. Mr. Oliver Graham, 5120 Jennings, appeared before the Council. Mr. Graham stated he had put his house up for sale due to the fact they were suppose to have low dwellings behind the ditch on the other side and they came in with Multi-Family. Mr. Graham stated another thing was they did not know what kind of buildings were going to be put there. Mr. Graham stated he needed insurance as to what was going to be put there. Mr. Graham stated when he bought his home there was suppose to be one-story buildings put on the property. Mr. Graham stated Mr. Kanter knew what the zoning on the property was before he bought it, so do not penalize the homeowners and make them lose money on his property for Mr. Kanter to make money. Mr. Graham stated the city already had water problems and if this property is developed the city will have more problems. Mr. Kanter stated he realized this was a sensitive issue to everyone. Mr. Kanter stated some things needed to be clarified. Number one a title search never indicated any deed restrictions. Number two, the ditch was not there at the time the property was zoned. Councilman Cato stated it had been mentioned that Mr. Kanters prime concern was not being able to sell the single family residence and he stated it was not covered in the ordinance. Mr. Kanter stated there was a single family house existinq that someone wants to buy. Councilman Cato stated that portion where the house was is now included in the ordinance. Mr. Kanter stated the house was on the 6.3 acres and was included in the request. Councilman Cavanaugh stated that Mr. Kanters initial statement to the Council was it was going to increase the density no more than 20 units. Mr. Kanter stated that was correct. Councilman Cavanaugh stated that since Mr. Kanter owned the total tract of land he thought he could work with the guidelines of Planned Development, and therefore Councilman Cavanaugh stated he requested a closing of the hearing at this time. Mayor Faram closed the Public Hearing. March 26, 1979 Page 24 24. Councilman Cavanaugh moved, seconded by Councilman f!1ichener, to deny PZ 79-9. f¥)otion carried 6-1; Councilman Mills, Cavanauqh, Nichener, Ft~eeman and Cato and Councih'¡omanReeder for; Counci lman ~lQod aga"ì ns"L CONSIDERATION OF ORDINANCE FOR PZ 79-9 DENIED ___,.,....._..~w.... r~Î. Doug Long, Engineet"', HuY'st, appeared before the Council representing Mr. Arnold Pair. Mr. Long stated Mr. Pair was in the electrical business and uses the barn on the property to store his electrical goods in. Mr. Pair operates out of the barn on a part time basis and would like to continue to do so, therefore, he is trying to get it zoned for non-conforming use. Mr. Pair feels like there is a point of being in violation of the zoning Ordinance. Mr. Long stated that Mr. Pair would like to get the property rezoned where he can continue to use the property as he now enjoys and still live in the house. The property contains two acres so it can still be maintained in agriculture zoning. PUBLIC HEARING FOR PI 79~19) REQUEST ARNOLD O. PAIR TO REZONE TRACT lA, BRENTWOOD ESTATES FROM hGRICULTURE TO COMt"iERC IJ\L 25. rVlayor Fa"ram opened the Publ"ìc Hearing and called fOt~ anyone present \·rishin9 to speak in favor' of this request to please come forward. Councilman Mills asked if this would be considered spot zoning. City Attorney NcEntire stated there would be no problem; it would not be spot zoning. ì!¡ayor Faram called for anyone in opposition of this request to please come forward. No one appeared. f.-layor Faram closed the Public Heaì·~ing. 26. Counei 1woman Reeder moved, seconded by Counc 11 man Hood ~ to accept Ordinance No. 747, PI 79-10. CONSIDERATION OF ORD I N,t,NCE FOR PI 79-10 ORDINANCE NO. 747 DEÑIElf Councilman Cavanaugh stated he was not so much opposed to the zoning change, but he personally would encourage not to pass the zoning on the basis that the Council does not know hm-'Ì the area is going to fully develop to in the future and by sticking commercial zoning on the property, it is not to say it is good or badj it is just to say nobody is complain"íng about what Mr. Pair is doing now. Councilman Cavanaugh stated as the land develops around the property then the city has a little more in key as to \'¡hat they should vote on. Councilman Freeman asked under agriculture zoning could Mr. Pair continue his business as an electrician. City Attorney McEntire stated Mr. Pair could continue using the building. Councilman Freeman asked if Mr. Pair wanted to continue his business or start a new one. Mr. Long stated Mr. Pair wanted to continue to use the building. Mr. Pair lives on the front part of the property and he wants to continue to use the building under non-conforming use because the property has never been zoned. Motion to approve failed by a vote of 4-3; Councilmen Cato, Cavanaugh, Freeman, and Wood voting against; Councilmen Michener, and Mills and Councilwoman Reeder voting for. 27. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak in favor of this case to please come forward. Mr. Doug Long, Engineer, Hurst, appeared before the Council to represent Mrs. Tidwell. Mr. Long stated Mrs. Tidwell had a tract of land she is proposing to break apart and make two lots. Mrs. Tidwell is going to build her home on one of the lots. Mr. Long stated a percolation test had been made and Mrs. Tidwell will sign a covenant in regards to the street pro rata. Councilman Mills asked if the lot faced Crane Road. Mr. Long replied yes. Mayor Faram called for anyone in opposition of this request to please come forward. No one appeared. Mayor Faram closed the Public Hearing. 28. Councilman Mills moved, seconded by Councilwoman Reeder, to approve PZ 79-11, Ordinance No. 748. Motion carried 7-0. 29. Councilman Mills moved, seconded by Councilwoman Reeder, to approve PS 79-23, subject to the Engineer's letter. Motion carried 7-0. March 26, 1979 Page 25 PUBLIC HEARING FOR PZ 79-11, REQUEST 0 MARY TIOHELL TO REZONE TRACT 3L, ABSTRACT 1055, FROM AGRICULTURE TO 1F-9 ONE FAMILY m~ELLING CONSIDERATION OF ORDINANCE FOR PZ 79-11 APPROVED ORDINANCE NO. 748 PS 79-23, REQUEST MARY TI m'IELL FOR FINAL PLAT OF LOTS 1 & 2, BLOCK 1, TIDWELL ADDITION APPROVED 30. Councilman Michener moved, seconded by Councilman Mills, to reconsider PZ 79-1. Councilman Cato asked if there had been any changes since the first time the Council considered PZ 79-1. Mayor Faram advised this was only a motion to reconsider. Councilman Cato stated he wanted to know if there was any reason to reconsider, had there been any changes. Mayor Faram stated the Council could vote for the reconsideration or kill it, it would be discussed later. Mayor Faram called for the question on whether or not to reconsider PZ 79-1. Motion to reconsider carried 4-3; Councilmen Mills, Michener, and Cavanaugh voting for; Councilmen Cato, Wood and Councilwoman Reeder against; Mayor Faram voted for to break the tie; Councilman Freeman abstaining. Councilman Michener moved, seconded by Councilman Mills, to approve PZ 79~1, Ordinance No. 735. Mayor Faram stated he had a discussion with Mr. Massey and Mr. McCracken and found that they had reached no more common ground than what they were at before. Mayor Faram stated he had understood at a point, there was a possible change of heart from one side or the other. Mayor Faram stated he had determined from discussions this afternoon that there was no change. Mayor Faram stated there was not a Public Hearing on this request, but he had a request from Mr. Lyle Welch to speak. Councilman Cavanaugh recogDized Mr. Welch. Mr. Lyle Welch, 4824 Lariat Drive, appeared before the Council. Mr. Welch asked Mayor Far.am if he had said there had been a concession by Mr. McCracken that the homeowners had gone along to change the zoning. Mayor Faram stated to his knowledge there had not been any agreements between the homeowners and the applicants. Mr. Welch stated he wanted to go on record himself, as some of the neighbors who had to leave, they wanted to leave the property zoned exactly as it is now. Mr. Lyle stated they bought their homes and paid a lot of money for them and see no reason to have a cheaper home built next to them or a smaller home. March 26, 1979 Page 26 POSSIBLE RECONS- IDERATION OF PZ 79· March 26, 1979 Page 27 Mr. Welch stated the dev,eloper knew what the land was zoned when he bought it, so why change it. Mr. Lyle stated to the east of him was a buffer zone and he was afraid someone down the road '-"ou 1 d come to the Counc il and \'lant to put in a business. Mr. Welch stated he woúld like for the Council to take into consideration that the property was zoned, leave it zoned as it is. Mr. Marion Massey appeared before the Council. Mr. Massey stated they were at the same position they were before, but a lot of mileage in between. Mr. Massey stated he had understood the only problem left between the homeowners and the developers was that they were unsure the minimum of a 1800 square feet house could not be policed by the city. Mr. Massey stated that was a misconception on somebody's part. Mr. Massey stated that when they got that worked out, the homeowners took the hard and fast position they wanted the land just like it is, no concessions. Mr. Massey stated it seemed to him that it is not necessarily fair to consider that the IF-12, which is contiguous to this zoning, have an interest any greater than a 1F-9 that is also contiguous. Mr. Massey stated there were probabl ' twice as many lots that are 1F-9 and are adjacent and contiguous to the property as there are 1F-12, which is ten to seventeen. Mr. Massey stated it did not seem to him that a homeowners association should dictate, policy to the City Council. Councilman Cavanaugh stated that as a Councilman for North Richland Hills, he had never considered any of the tax payers dictating to the Council. Councilman Cavanaugh stated he considered the tax payers a reliable part of the community and if they did not come and tell the Council their problems and concerns then he did not see how the Council had a right to be here. Councilman Wood stated his vote would not be based on the homeowners association, it would be based on what he felt. Mr. Bill Fenimore, 6108 Circleview, one of the developers, appeared before the Council. Mr. Fenimore stated he had never seen anything quite like this before. The developers had even sent out letters to the homeowners and said please call the developers and they would try to meet the homeowner's ,demands. Mr. Fenimore stated that Mr. McCracken was the head of the o~gðntzation and he had spent a lot of time with him. Mr. Fenimore stated the last time the homeowners said all they cared about was would the city police the fact that the developers would build a house which meets IF-12 specifications. ~1r. Fenimore stated the only thing he was not meeting vias apart of the lots do not quite get to 12000 square feet. Mr. Fenimore stated the area was ready to be developed. Mr. Fenimore stated he felt like he had done everything he could to please the homeowners and he did know when he bought the property it was 1F-12. Mr. Fenimore stated the new part of Meadow Lake was going to be 1F-9, so why were the homeowners worried about his sub-division. Mr. Fenimore stated the reason this came up the last time was because the homeowners came to him and said they thought they might want to reconsider. Mr. Fenimore stated the Council had turned the request down so why would the Council listen to him,it was not because the new part came up, it was because the homeowners said they thought they might want to reconsider and go along with the development. Mr. Fenimore stated the developers had stated they would build 1800 square feet homes allover the addition, all that is being talked about was the size of a few lots. Councilman Freeman asked -who at the meeting of the homeowners wanted to reconsider. Mr. Fenimore replied Mr. McCracken and Mr. Smyth. Mr. Fenimore stated Mr. McCracken and Mr. Smyth stated they wanted to take it back to their people. Mr. Fenimore stated that tonight a gentleman came up to him and said the homeowners voted 3-1 against the developers. Some of the people in the addition were for the developers. The homeowners want IF-12 zoning, 1800 square feet is 1F-12. The only thing the homeowners are saying is they are going to force the developer to put in a 12000 square foot lot. Mr. Fenimore stated if 12000 square feet was an issue with the Council, bring it out in the open. Mr. Fenimore stated he had heard the city did not want to lose anymore of their 1F-12 lots. Councilman Wood asked Mr. Fenimore if he would agree to 1F-12 homes. Mr. Fenimore replied yes. Councilman Wood asked what had based the requirement to ask for a different zoning. Mr. Fenimore stated the size of some öf the lots did not meet IF-12 in all cases. Councilman Wood asked how many lots did not meet 1F-12 requirements. Mr. Massey stated all of the lots have a minimum of 110 feet deep, which is 1F-12 and all but four have the minimum width of 1F-12. Mr. Fenimore stated they had agreed to put wood shingle roofs and the same amount of brick on the homes they have in Meadow Lake. Mr. Fenimore stated the developer had done everything to comply with this request except for the exception of a few aquare feet on some lots. Mr. Fenimore stated that if this was going to hurt the homeowners financially then he did not see why the homeowners were not raising heck over their own subdivision having multi-family and 1F-9 zoning, which they have done nothing about. Councilman Freeman stated he would like to address the 1F-9 and March 26, 1979 Page 28 multi-family. Councilman Freeman stated that was zoned prior to the Meadow Lake area. Mr. Fenimore stated he knew it was zoned prior to Meadow Lake . Councilman Freeman stated there was no 1F-9 zoning in Meadow Lake. Mayor Faram called Councilman Freeman out of order because Councilman Freeman had disqualified himself. Mr. Joe Sfijarto, 4720 Lariat, appeared before the Council. Mr. Sfijarto stâted he wanted to comment about Mr. Fenimore talking with Mr. McCracken and Mr. Smyth after the 1 ast meeting. Mr. Smyth was there but r~r-. McCracken ' was not. Mr.Sfijarto stated he was against the request. Councilman Freeman stated he would like to speak as a citizen. Councilman Freeman stated that as a Councilman he had taken a lot of heat over this zoning request and heard everybodys point of view. Councilman Freeman stated he still had his own feelings on this partic~liar zoning case. Councilman Freeman stated he did not think the request would vary at all if it was on the other side of town. Councilman Freeman stated the city had a Master Plan that was drawn up by our forefathers and he felt like there was some very specific reason for changing it and did not feel it should vary from the Plan. Councilman Freeman stated he had no opposition to Mr. Fenimore's subdivision, he had more opposition to changing the zoning to vary from 1F-12. Councilman Freeman stated this area was probably the last of, or was the last of IF-12 zoning in North Richland Hills. Mr. Massey stated the general land use plan for the city says high density residential for the whole area. Mr. Massey stated 1F-12 was not high density residential and if the city was going to stick to what the forefathers did then the city is not going to have anything but 1F-8 or multi-family. Councilman Freeman stated that if you looked at the zoning map, all of the area south of Loop 820, you will:-notice that with the exception of two small areas all is zoned IF-12. Councilman Wood asked Councilman Freeman if he could live with an ,alternate motion of 1F-12 with variances approved by the City Engineer. Mayor Faram ruled Councilman Wood out of order. Mr. Joe Coulson, Builder, Bedford, appeared before the Council. Mr. Coulson stated the normal IF-12 size lot in Bedford is 70 foot wide and 100 to 110 foot deep. March 26 ~ 1979 Page 29 Mr. Lyle Welch appeared before the Council. Mr. Welch stated the homowners voted unanimous to turn down any rezoning, so Mr. McCracken had no right to change what was done at the meeting. Mayor Faram called for a vote on the motion. Motion failed by a vote of 5-1; Councilmen Mills, Wood, Cavanaugh and Cato and Councilwoman Reeder voting agains~; . Councilman Michener voting for; Councilman Freeman abstalnlng. 31. Councilman Cavanaugh moved, seconded by Councilman Cato, to approve the contract with TRA and the city. Motion carried 7-0. 32. City Manager Paul stated that in looking at the contract with the State it was necessary that this be the next step in completing the contract with the State. City Manager Paul stated the city was about to run out of time and needed to do something with this very soon. This is a matching 50-50 grant and the city had set aside only $35,000. City Manager Paul stated he had not been able to find anything in the budget where the city would get the additional monies. City Manager Paul stated he wanted to make the Council aware of the letter of March 26, 1979, from Mrs. Ruth Pinner, Financial Director, saying basically that the city was out of money, the city will not have any trouble in going ahead with and completing the contract with Knowlton-English-Flowers and before the 50% grant would be necessary to be paid to the State the city would already be into next year~s budget. Councilman Freeman asked how much money was needed on the contract. Mr. Perkins stated the total fee would be approximately $209000.00, but part of it had already been paid in the form of a preliminary fee. Mr. Perkins stated the work had already been done,· preliminary wise it would cost $4,000. Councilman Freeman asked what the $20,000.00 covered. Mr. Perkins stated it covered the design of the facilities of the park itself. Councilman Mills moved, seconded by Councilman Wood, to authorize the services of Knowlton-English-Flowers for Fossil Creek extensions. Motion carried 7-0. Page 30 CONSIDERATION OF CONTRACT BETWEEN TRA AND THE TARRANT COUNTY WATER CONTROl AND IMPROVEfot1ENT DISTRICT FOR THE PURCHASE OF RAH WATER AND CONTRACT BETWEEN TRA AND CIT' FOR WATER TREATMENT AND SUPPLY APPROVED CONSIDERATION OF "AUTHORIZATION OF SERVICES" FOR FOSSI CREEK PARK EXTEN- SION BETWEEN KNOWLTON-ENGLISH- FLOWERS AND THE CIT APPROVED March Lb, 1':J/':J Page 31 33. Councilman Michener moved, seconded by Councilman Wood, to instruct the Staff to pay for the City Manager's moving expense from General Fund Surplus, City Manager Fund. Motion carried 7-0. INSTRUCTIONS TO STAFF AS TO WHAT ACCOUNT TO PAY C ITY MA~AGER' S MOVING EXPENSE FROM APPROV ED CONSIDERATION OF CIVIL SERVICE SECRETARY 'JOB DESCRIPTION SUB- MITTED BY CIVIL SERVICE APPROVED 34. Councilman ~1ills stated this job desçr\ption was developed, not because it was required. Since the Civil Service Secretary is not under Civil Service the Civil Service Commission felt they needed some kind of a job description to operate under. Councilman Mills stated the Council needed to add typing requirements of 45 words per minute to the job descrïption: Councilman Mills· moved, seconded by Councilman Wood, to approve the job description of the Civil Service Secretary subject to the requirement of typing 45 words per minute. Motion carried 7-0. 35. City Manager Paul stated that in going over the Fire Station plans, after he came to the city, he found that there was $205,934.00 for a Fire Station and a pumping truck. Also going back to the letter from Mrs. Pinner, there is not adequate money to build the Fire Station at this time. City Manager Paul stated there was a preliminary plan drawn up. City Manager Paul stated that Fire Chief Gertz had gone out for bids and asked for the finals. After this was done, three separate bids were presented plus one that is before the Council now, at 7%, which ever one of the three bids is the lowest is the one the Council might want to go with. CONSIDERATION OF BIDS FOR ARCHITEC- TURAL SERVICES FOR THE NEW FIRE STATIC! APPROVED City Manager Paul stated there was not ample money to complete the Fire Station at this time. The only thing that could be done would be to go ahead and get the final design and wait until the budget comes around next year and have the Fire Station built. Mayor Faram stated Revenue Sharing Funds were to be used to build the Fire Station. City Manager Paul stated the Council could go ahead and get the final designs, but did not think the city will be able to build the Station until next year. March 26, 1979 Page 32 Councilman Mills suggested trying to build as much of the fire station as the city had funds to cover if this was reasonable phasing of the project in order to beat inflation. After further discussion, Councilman Freeman moved, seconded by Councilman Michener, to approve Larry W. Dixson as Architect for the Fire Station. Motion carried 7-0. 36. Mayor Faram adourned the meeting of March 26, 1979,at 1:15 a.m. ADJOURNMENT Mayor Faram advised the Council there would be a short meeting in the pre-coference room concerning personnel, City Engineers. Dick Faram - Mayor '1-··"'~ ATTEST: Jeanette Moore - City Secretary