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HomeMy WebLinkAboutOrdinance 2115 ORDINANCE 2115 DENIED 4-22-1996 ORDINANCE 2115 DENIED 4-22-1996 ORDINANCE NO. 2115 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCil ON MARCH 22,1993; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHLAND HillS, TEXAS: 1. THA T, in Case Number PZ 96-09, the following described property shall be rezoned from AG Agriculture to C-1 Commercial: BEING Lot 2, Block N, Richland Oaks Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-14, Page 83, Plat Records, Tarrant County, Texas. This property is located at 5033 Wyoming Trail, south of the intersection with Grapevine Highway. 2. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs Jr sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. DENIED BY THE PLANNING AND ZONING COMMISSION THIS 14th DAY OF MARCH 1996. ~ØÓA . /' Secretary, Planning and Zoning Commission 6~~~)?~O,..._-3 Chairman, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 22nd DAY OF APRIL 1996. Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2115 Page 2 CALL TO ORDER ROLL CALL MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 14, 1996 - 7:30 p.m. The meeting was called to order by Chairman David Barfi PRESENT Chairman P&Z Members David Barfield Richard Davis Ron Lueck Don Bowen Charles Owen Paul Miller Planning Director Planner Asst Dir PW Staff Engineer Asst City Manager Barry LeBaron Clayton Hus Kevin Mill Julia Sk Randy ABSENT CONSJDERA TION OF MINUTES OF FEBRUARY 27, 1996 ZONING CASES 1. PZ 96-07 e the motion to approve the minutes. The motion was seconded by he motion carried 6-0, with Mr. Miller abstaining. rman Barfield stated that items PZ 96-05 and PS 96-04, regarding WCJ Rufe ow 94 ltd, have been postponed until the April 11, 1996 meeting at the request Public Hearing to consider the request of Tommy Evans to rezone Lot 2, Block N, Richland Oaks Addition, from C-1 Commercial to R-2 Single Family Residential. (Located at the southwest corner of Wyoming Trail and Grapevine Highway) Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Tommy Evans, 6900 Brentwood Stair Road, Fort Worth, came forward to speak. He stated he intends to construct his personal residence on the property. Mr. Davis asked what size house Mr. Evans intends to construct. Mr. Evans stated about 3,000 square feet. Chairman Barfield asked if Mr. Evans has chosen a plan for the house. Mr. Evans stated yes. He presented a preliminary house plan. PZ Minutes - Page 2 March 14, 1996 2. PZ 96-08 - Mr. Davis asked if Mr. Evans would be opposed to restricting the minimum house size to 2,000 square feet. Mr. Evans stated no. Chairman Barfield asked if Mr. Evans was concerned about the long term potential of this area possibly becoming a commercial area. Mr. Evans stated no. Mr. Robert Jones, 5024 Wyoming Trail, came forward to speak. He stated his opposition to the request. He stated it would not make sense to rezone property that will eventually be used for commercial use. There being no one else wishing to speak, Chairman Barfield closed the Public Hearing. Mr. Davis stated the Commission recommended rezoning a residential piece of property in this area to commercial at a previous meeting. He stated this property would most likely become commercial in the future. He stated the highest and best use is a commercial use, and he cannot support the request. Chairman Barfield stated the neighborhood has generally agreed that the area will eventually become a commercial development. Mr. Davis made the motion to deny PZ 96-07. The motion was seconded by Mr. Barfield. The motion carried 4-2, with Mr. Davis, Mr. Barfield, Mr. Miller and Mr. Lueck voting for denial, and Mr. Owen and Mr. Bowen voting against denial. Staff advised Mr. Evans of the appeal process for requests recommended for denial. e Permit fo utomobile Lubrication Center on a portion of Lot 30, Block 2, Crestwood Estates. ocated at the southwest corner of Davis Boulevard and Starnes Road) Mr. LeBaron sta district. He stated an auto lube center requires a Special Use Permit in the C-1 applicant is here to answer any questions. Chairman Barfield opene e Public Hearing and called for those wishing to speak to come forward at this time. Mr. Sid Hollingsworth, 4725 Nail , Dallas, came forward to speak. He stated they intend to make $750,000 of imp ments to the property and employ 4 to 5 persons. Mr. LeBaron stated yes. Mr. Davis asked if the property will share a driv property. roach with the adjacent Chairman Barfield asked if fire lanes should be coordinated with the plat. PUBLIC HEARING DA TES Zoning Case Review Fact Sheet Case No. PZ 96-07 Planning and Zoning Commission: March 14, 1996 City Council: April 22, 1996 GENERAL INFORM A TlON 1. Request 2. Applicant 3. Property Owner 4. Property Address 5. Legal Description 6. Acreage 7. Site Characteristics C-1 Commercial to R-2 Single Family Residential Tommy Evans - Fort Worth TX same 5033 Wyoming Trail (southwest corner of Grapevine Highway and Wyoming Trail) Lot 2, Block N, Richland Oaks Addition 13,750 square feet (0.32 acres) Vacant property. Property generally slopes toward the street. ZONING CONSIDERA TIONS 1. Proposed Use 2. Allowed Use Single family detached residence Single family detached residence 3. Adjacent Zoning and Land Uses North C-1: vacant commercial property South R-2: existing single family residence East R-1: existing single family residence West R-2: existing single family residence 4. Special Development Controls (Article 6) 5. Parking (Article 7) 6. Signs (Article 8) 7. Screening (Article 9) 8. Landscaping and Buffering (Article 9) ADOPTED PLANS 1. Master Thoroughfare Plan 2. Land Use Master Plan All residences constructed in the R-2 zoning district must have exterior walls constructed of at least 75% brick or stone. The R-2 district requires four off-street parking spaces. At least two of the spaces must be covered. A side or rear entry garage is not required since this subdivision was platted prior to January 1, 1990. Signs allowed in the R-2 district include political signs, real estate signs and garage sale signs. None required. When the property to the north develops, a masonry screening wall will be required along the south property line. None required. Primary access to this property is from Wyoming Trail, classified as an R2U Residential street (50 foot right-of-way, 2 lanes, undivided roadway). The Comprehensive Land Use Master Plan calls for low density single family development in this area. This request is consistent with the plan. 3. Master Drainage Plan 4. Parks Master Plan 5. Trail System Plan Flood Insurance Rate Maps indicate that this property does not lie within the 100-year or SOO-year flood plains. No impact on this property. No impact on this property. ZONING AND PLA TTING HISTORY Zoning History This property was initially zoned LR Local Retail in 1967. In 1984, when the zoning map and ordinance were completely revised, the designation was changed to C-1 Commercial. Platting History This property is currently platted as part of the Richland Oaks Addition. x CITY OF NORTH RICr""~hC' H¡'...I..S ·APPLICATION FOR A ZONING DISTRICT CHANGE 7~ 1 ~. = '..:0~ ê2':' t...Or:1iH RICHL,.AND r1 ~$ TE ¡,,;.,S 7618(:. Please print all responses 8: 7><; 1 ,;, " PART 1. APPLICANT INFORMATION NAM7;;;;Gÿ Ct//f,-US STR~;S;r hð~~/J -r CAJ ç/ G? IJ £.<1(' S 7/5- //Z CITY / STATE / ZIP OF APPLICANT. TELEPHONE NUMBER OF APPUCANT: F/ ?J'1l~7/J T ...-( ?Çð2 g-/7- f/Z9- ?/./-2 PART 2. PROPERTY OWNER INFORMA TION NAME OF PROPERT Y OWNER. ~E STREET ADDRESS OF PROPERTY OWNER: CITY /STATE /ZIP OF PROPERTY OWNER: TELEPHONE NUMBER OF PROPERTY OWNER. LEGAL DESCRIPTION OF PROPERTY WHERE ZONING DISTRICT CHANGE IS BEING REOUESTED. Ú5t'- \ Þ4-4Þ 2. ~ &bC\t:.. ~ I e'\()..\V~ ~ Þo~ STREET ADDRESS AT LOCATION WHERE ZONING DISTRICT CHANGE IS BEING REOUESTED. PART 3. DESCRIPTION OF REQUEST CLRRENT ZONING·C -1- I PROPOSED ZONING. ~ - 2 PROPOSED VSE 01' PROPERT Y ~a) D.E>\.. ,(,.,E. H/:ÄSON FOR CHANGE: c.oN.~~ #>.. ~~\b~aa SU1\1€ Y DR MAP A TT ACHEO AS REOUIREO BY THIS FORM ATTACH AFFIOAVlT FROM PROPERTY OWNER IF APPLICANr IS NOT OWNER ~ YES D NO c:J YES wjlr c:J NO I ;Iereby cerrify that the above information is correct to the best of my knowledge. DA rE: ¿;?- r:- ~? ~ .... ---7 -~ Your Name (printed) /t7//?/?lqé¡/A/J) - ~ - ~ Signature /' -::7 /7" ,.-, PART 4. OFFICE USE ONL Y P & Z PUBLIC HEARING DA T E· TAXES P,vD' CASE NUMBER N\~'l..()rl ~~ CJ YES CJ NO P2. ,\(p. oî CITY COUNCIL HEARING DA TE. LIENS PAlO? DYES ONO FEE $300.00 - 20NlNG DISTRICT CHANGE APRO\l€D' ASSESSMENTS PAID' c:J YES CJ NO DAD. NO OrES CJ NO This c1petICc1I1Ct"J 'MIl not oe scnea...la.j lOt ÇlVOfIC neanrç uaDI V1Q i'W'IC,)t¡Qn SJIPULA TlONS. tM IS received. . - 7.0NING DISTRICT CHANGE P"9'l \ 012 CD-iJ-..I.--+ ,I'~I) ^ Tommy Evans 6900 Brentwood Stair Rd. Fort Worth, TX 76112 (817) 429-6752 To the City of North Richland Hills Planning and Zoning Commission P.O. Box 820609 North Richland Hills, TX 76182-0609 This letter is in regards to an appeal for a zoning request for case PZ 96-07 lot 2 Block-N on the corner of Grapevine Highway and Wyoming Trail. I Tommy Evans would like an appeal to further explain my cause for a zoning change, from C-1 Commercial to R-1 Single Family Residential. I would like the council to understand that I also own lot 1 Block-N, and intend to leave lot 1 commercial and build a retail store on it. The home that I want to build on lot 2 will be a minimum of 2,000 sq. ft. I will not care if from 15, or 20 years from now the area will go back to C-l Commercial, or right after my home is built. I have two sons who would like to attend the Birdville Independent School District for its outstanding education system. My in~entions are only for the good of the neighborhood, I only want to make my family and myself part of your community. Please consider my zoning request further and in more detail. Sincerely, 3'-/~-7Þ Tommy Evans - .. :j,,~~1 - < - 2 ~- -, ~ I \,,,\10 ".\.\1C\ ....'.\0 C-1 I , : C-1 , ! 1332 In t.en '" '-' .. "" " "- " '" .. " ... 7'. ~ <.> - 10 e., U e., ~ " e,¡ ~ 10 a I. e., " } ~ 1/ - ..., I;' " :x: 1.1 '-' ,> '- -.: :>¡ .. " IJ 10 " 11 " ~ 'N I To. - I, · u « · 11 " '. 16 " .. " I. /0 .. " -- 11 " /0 .. --~- ~ < 11 11 /I Q < > 1J " " " " 10 - IJ Q a Q /. :, < - --..-- a " 9 n -- II 7. ----R 1 ,. 17 19 ,. --- JO " JI JO LR J] I JI 2105 u · « - l ~ ¡ ~ l:OC\~;:;'~' I C-1 fU.IH c C-2 -1 ~~~- . . t. It. ð<o . , K NOwt TON - ENGLISH - F lOWERS I I'lL _.~ . ( JlATCH LINE - SEE: Grid: ................... ......... . ....... ....... ...... .... ...........".... 0°"'1-1£/\5'\',\\0'05 rfl" N !' \ c/\" \ '§J- tthR:W_O.:O-D:=:R:Q.. u 10. I. " .. .. N ,... I Q c.. ,. IC; '7.~ \\'3 \J THOU 10 O~'¡(S ~\) . \ >t>. ~^\<§:J R-1 " R-7 -M F ~\J \C\\\)\ . ~ C-2 ~ O~'¡(::, 1802 7>^\<§:J .., /N JIt t. ~. C-1 1983 C-2 1802 ,. 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PZ 96-07 - PUBLIC HEARING TO CONSIDER THE REQUEST OF TOMMY EVANS TO REZONE LOT 2, BLOCK N, RICHLAND OAKS ADDITION FROM C-1 COMMERCIAL TO R-2 SINGLE FAMILY RESIDENTIAL ORDINANCE NO. 2115 (LOCATED AT THE SOUTHWEST CORNER OF WYOMING TRAIL AND GRAPEVINE HIGHWAY) DENIED Mayor Brown opened the Public Hearing and called for anyone wishing to speak for or against to please come forward. Mr. Robert Jones, 5024 Wyoming Trail, appeared before the Council and spoke in opposition to the request. Mr. Jones felt a change in zoning to residential would be progressing backwards. Mr. Don Peoples, representing the applicants, appeared before the Council. Mr. Peoples spoke in favor of the request. Mr. Richard Squires, 8105 Jerri Jo, appeared before the Council. Mr. Squires felt in the future the neighborhood would be prime commercial property. Mr. Tommy Evans, applicant, appeared before the Council. Mr. ·Evans advised that 40 individuals signed a petition in favor of the property being rezoned to residential. Mr. Ryan Evans, 690 Brentwood Stair Road, appeared before the Council and spoke in favor of the request. Mr. Scott Barfield, 5028 Wyoming Trail, appeared before the Council. Mr. Barfield advised he was presently circulating a petition requesting the area be changed to commercial. There being no one else wishing to speak Mayor Brown closed the Public Hearing. Mayor Pro Tem Johnson moved, seconded by Councilman Welch, to deny PZ 96-07, Ordinance No. 2115. Motion to deny carried 7-0. [QtJJ'Q[Jq~!g!:r~!!gram FED. 1.0. NO. 22-2573893 AD INVOICE NO. 1574505 ACCOUNT NO. CIT13 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD INVOICE NO. DESCRIPTION AD SIZE RATE AMOUNT 4/0bM 157450 CITY OF NORTH RI I358 04/0b-04/0b 1x 28 .30 8.lfO :a;~ ~~I {'..,~~~~~~ ~ P~I1~~~~~~ to consider t~e appeal re- ~g~~t ~¿['r.''lJrc,~~a~~ W¡6¡;: land Oaks Addition, from C-l . f~~iwerclr~si~en~~~. Si~!; property is located at the southwest corner of Wyo:- ~in~a~a~hea~~ar::,r:~~~'g: he'd at 7:30 p.m. in the Mu- ~~~al ¿:o"~u~~m ca~n~~ ~" ~ 6720 Northeast 1.001'1 820, ~ ~~~~s~;~:~~.~~s96~~~s. SIGNE ...~~~~ /s/Tommy Brown, Mayor City of SUBSCRIBED AND ~0:t!,~c,h~~n~Hi"cl'1~,as JRE ME, THIS THE 10TH DAY OF ~~~-~~~"'''' _-, I.( ¡" Þ ~\I $f~:~SI~YÞ¡~ RHONDA R. GOK tary Public 1J hÁf\ d h.... "1-,¿ ~~,~~:.:~;;1 Cm.\M!SSION EXPiRES f ··,:(~····,·;E!f SEPTEMBER 8, 1999 f_~,;.,,__ APRIL 1996 l1trYcÁ:- TARRANT COUNTY, TEXAS PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ~TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-....