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HomeMy WebLinkAbout1968-02-06 Regular Meeting of the Planning and Zoning Commission February 6, 1968 CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order in the Council Chambers of Euless City Hall by Chairman Len Weber, at 7:30 P. M. , with the following members present: Messrs. Don Hastings, Jack Browne, Bill Tench,Richard Lande and Len Weber. Also present were City Inspector Jack Bullard and Recording Secretary, Florence Murr. VISITORS Visitors present were: Mr. and Mrs. 0. D. McMullin and R. J. Clark Jr.; Mrs. Lloyd Bolton; Messrs. B. J. Lunt, Frank Crumley, 0. S. Dobkins, Sherrod H. Osborne, Jr. , Blease Tibbets, Carl J. Smith, Tom Grizzelle, Joe Swink, Earnest C. Spivey, Ran Holman, Brice Cook, Walter A. Elliott, Jr. , Paul Huffhines and J. W. Murr. 1 . APPROVAL OF MINUTES Doctor Lande made the motion to dispense with the reading of the minutes of the previous meeting dated January 16, 1968, and approve as written. Mr. Browne seconded the motion, and the vote is as follows: Ayes: Messrs. Hastings, Lande and Browne Nays: None (Mr. Tench had not arrived at this time.) Chairman Weber declared the motion carried. II . COMMERCIAL PERMIT NO. 57, ADDITION TO BUDDIES SUPER MARKET, HIGHWAY 183 Mr. John Yeager introduced himself, stating that he is architect and engineer for Buddies Super Markets, and that the owners of this grocery chain desire to make an addition to the existing structure located on Highway 183, in the City of Euless. (Mr. Tench arrived at 7:35 P. M.) Mr. Yeager advised that the proposed addi- tion will be on the east side and to the rear of the present structure, in an area which, at the present time, is a loading area and alley. Mr. Yeager stated that Buddies has recently purchased the entire block on which the store is located, and this expansion is necessary due to the increased volume of business -- that no parking will be deleted in this expansion program, only alley and delivery area will be used. Mr. Yeager stated that their only problem is a storm sewer which runs under the existing structure and dumps into the alley -- that their engineer iPa.e Two Minutes of Re•ular Meetin. Plannin• and Zonin. Commission Februar 6, 1968. has revised it, so the over-flow will empty into Highway 183, and they have checked the volume and foresee no problems. Chairman Weber inquired if building plans for the proposed structure have been reviewed and approved. Mr. Bullard stated that he has reviewed the plans and sees nothing wrong with them -- that all drainage will be on private property; therefore, any drainage problem which might arise will be the problem of the owners. Mr. Yeager commented that, in his opinion, the drainage system will be improved by doing away with the flow under the store. Mr. Browne inquired if Buddies will utilize the existing buildings in the block, East of Buddies Store. Mr. Yeager replied negatively, commenting that all of the buildings are rented as business offices -- that the offices have no back doors; therefore, the proposed addition will not affect them. Mr. Yeager, addressing the City Inspector, advised that there is one problem regarding the mechanical area -- that part of the plumbing is hidden, and he inquired if those plans can be developed after his firm digs into the buildings. Mr. Bullard stated that some type of play is necessary; however, he is aware that those plans will have to be adjusted. Mr. Browne inquired if the type of con- struction will be the same as that in the existing building. Mr. Yeager replied affirmatively -- that they plan to expand as well as up-grade the store -- by ex- panding the air conditioning system, building a fire wall and putting a ceiling in the building. Mr. Hastings made the motion to approve Commercial Permit No. 57, as requested by Buddies Super Market. Mr. Browne second- ed the motion, and the vote is as follows: Ayes: Messrs. Hastings, Browne and Lande Nays: None Abstained: Mr. Tench Chairman Weber declared the motion carried. III . FINAL PLAT APPROVAL. 15 ACRE TRACT NORTH OF HIGHWAY 183 and EAST OF HIGHWAY 157, MESSRS. B. J. CASE AND B. M. GRANTLAND Mr. Carl Smith introduced himself and Mr. B. M. Grantland, one of the developers. Mr. Smith stated that the developers pro- pose to construct two hundred, fourteen (214) apartment units on this tract -- that in obtaining a loan, they had found it necessary to have a dedicated street, which (Page Three. Regular Meeting. Planning and Zoning Comnission1 February 6, 1968.) Ihow will be aligned with the proposed Crest Drive, in Park Crestmoor No. 2. Mr. Smith advised that the developers have invested quite a large sum of money, providing sanitary sewer and water service to the tract -- that it was necessary to extend the water line from Park Drive, and that the developers will install a storm sewer and culvert, with a drainage channel in front of the property. Chairman Weber read a letter from the City's Consulting Engineers, dated February 5, 1968, which contained the following comments: "1 . The major drainage channel on the West edge of this tract would normally require concrete liner. Precedent established by the Sotogrande Addition, however, would indicate that if an instru- ment were executed binding the owner and all successive owners to the maintenance of this channel , as well as relieving the City of any liability from damage cause by this facility, the channel could be left in an earthern condition. 2. Even though this review specifically does not cover water and sewer facilities, we are concerned with the City's ability to provide sewer service to this tract. Therefore, we would recom- mend that an approval of these plans be specifically based on slab foundation elevations not lower than those shown on the plans. It is our understanding that the tract will be built up to provide for these foundation elevations." Mr. Smith stated that the developers are aware of these conditions and that all of these recommendations, have been taken care of -- that the developers' attorney will prepare a document to be executed and presented for the Council 's consideration. Mr. Bullard advised that the Con- sulting Engineers will furnish the developers with a copy of the letter referred to in this meeting. Mr. Smith stated that the plat indicates a thirty-one (31) foot paved street, with sixty (60) feet of right-of-way; however, Mr. Grantland desires to increase the street width to thirty-seven (37) feet. Chairman Weber inquired concerning the zoning of the property in question. Mr. Bullard advised that the property has been zoned to accommodate the proposed structure -- that the front is zoned for commercial usage and the remainder of the tract is zoned "A-3", Multiple Family Dwelling. Mr. Browne inquired as to the exact loca- tion of the property in question, and Mr. Bullard produced a plat indicating the location and pointed out the proposed rerouting of drainage, which will run along the property line, rather than across the tract. Mr. Smith advised that a sixty (60) inch storm sewer will be installed. ibr Mr. Browne inquired regarding the drainage coming from the South, and Mr. Grantland stated that he has consulted with the Texas Highway Department concerning their drainage plans and he proposes e (Page Four, Regular Meeting, Planning and Zoning Commission, February 6, 1968.) continuation of their plans, at his expense. Mr. Smith stated that he is of the opinion that the engineering is good -- that it has been designed on a fifty (50) year storm frequency. Mr. Browne made the motion to recommend ap- proval of the Final Plat for the fifteen (15) acre tract, as presented by Messrs. Case and Grantland, subject to compliance with the recommendations of the City's Consulting Engineers, in their letter dated February 5, 1968. Doctor Lande second- ed the motion, and the vote is as follows: Ayes: Messrs. Browne, Hastings, Lande and Tench Nays: None Chairman Weber declared the motion carried. IV. COMMERCIAL PERMIT NO. 58, 214 UNIT APARTMENT COMPLEX, MESSRS, B. J. CASE AND B. M, GRAMTLAND Chairman Weber recognized Mr. B. M. Grant- land, who stated that he and his associate plan to construct a two hundred, fourteen (214) unit apartment complex on the fifteen (15) acre tract which was just presented for final plat approval . Mr. Bullard advised Mr. Grantland that it will be necessary that he submit two complete sets of plans to the City of Euless. Mr. Grantland advised that he plans to construct apartments ranging in size from one bedroom, efficiency apartments, to two bedroom and three bedroom apartments, and that they will range in price from $140.00 to $260.00 per month. He commented that they will be similar in style to the apartments located behind the hospital ; however, they will be more luxurious, with private laundry facilities and individual water heaters -- that a fifty (50) gallon water heater will accommodate two single-bath units. It was pointed out that the structures will be predominantly brick, with wood trim on both sides of the balcony, with steel stairways and hand rails and poured concrete steps. In reply to a question concerning garbage facilities, Mr. Grantland advised that they plan to use dumpsters and pointed out the area of their location. In reply to Mr. Tench's question concerning privacy of the garbage area, Mr. Grantland stated that it is necessary that the dumpsters be in an open area, so that they will be accessible to the garbage trucks; however, the complex will probably be fenced. Mr. Grantland advised that there will not be any covered parking area. Doctor Lande inquired concerning the date construction will be started. Mr. Grantland advised that this depends on approval of this permit and the weather. He advised that primary work has already been started. Mr. Bullard cautioned Mr. Grantland to be sure to hold the level on the slabs because of the sewer, and Mr. Grantland stated that his engineer has consulted the City's Consulting Engineers, and they are in agreement. (Page Five, Regular Meeting, Planning and Zoning Commission, February 6, 1968.) Mr. Browne inquired regarding plans for fire walls. Mr. Grantland advised that his plans do not indicate fire walls, as they have not been required by other cities previously. It was pointed out that the proposed structure has a built-up roof, with no attic space; therefore, there is no danger of fire jumping over. Mr. Grantland advised that fire code sheet rock will be used on party room walls and pointed out the openings between units. Mr. Bullard advised that there should be an opening every 12,000 square feet on two-story structures, and that, in his opinion, this requirement has been complied with; however, he will check the plans again to be certain on this. Doctor Lande made the motion to recommend approval of Commercial Permit No. 58, as requested by Messrs. Case and Grantland, if all City requirements are met and the recommendations of the City's Consulting Engineers are complied with. Mr. Tench seconded the motion, and the vote is as follows: Ayes: Messrs. Lande, Tench, Hastings and Browne Nays: None Chairman Weber declared the motion carried. V. FINAL PLAT APPROVAL, SOTOGRANDE APARTMENT DEVELOPMENT Mr. Ran Holman introduced himself, stating that he represents the developer, Mr. Bob Folsom, and presented a plat of the Sotogrande Apartment Development. Mr. Holman commented that there is very little variance with the preliminary plans which were presented previously. Chairman Weber read a letter dated February 5, 1968, from the City's Consulting Engineers, Knowlton-Ratliff-English, which contained the following comments: "1 . Even though this review specifically does not cover water and sewer facilities, we should point out the fact that the outfall sewer into which the Hurst portion of this addition will drain is a part of the system owned by the City of Euless. We are sure that the Developers would like to have the necessary arrangements between the two Cities completed at an early date so that any negotiations would not delay their project. 2. During the review of the preliminary plan for this project, we sug- gested that the major drainage channel might be maintained by the property owners, and, therefore, be left unlined if the property owners and their successors could be bound by an agreement for main- tenance of the facilities. This comment was based on the concept that the entire subdivision area within the City of Euless would be platted as one tract so as to always have one property owner re- tie, sponsible for such maintenance. If the subdivision is completed in tracts as shown, we are concerned regarding this maintenance and defer to the City Attorney for his opinion." f n ,rvn it t• „ r, February 6 t_, ,, _ ,.�l..r � cc��n F,:. nnin._. � n- Zenin.a Commission, , 1963.) Chairman Weber inquired if the City Attorney has been advised in this matter. Mr. Bullard stated that Mr. Holman pro- poses to have his attorney prepare an instrument which will provide for their care and maintenance of the drainage channel , with plat attached, which probably will itemize their plans for maintaining it. Mr. Holman stated that his firm is anxious to proceed with construction plans and is endeavoring to effect a meeting between the Cities (Euless and Hurst) -- that they will attempt to do so this week. Mr. Holman advised that a gate valve will be provided in the water lines, as was dis- cussed previously, in order for both Cities to have systems. Mr. Browne made the motion to recommend ap- proval of the Final Plat for Sotogrande Apartment Development, providing the Con- sulting Engineers' recommendations are complied with. Mr. Tench seconded the motion, and the vote is as follows: Ayes: Messrs. Browne, Tench, Hastings and Lande Nays: None Chairman Weber declared the motion carried. VI . FINAL PLAT APPROVAL MORRISDALE NO. 2, SECOND SECTION Chairman Weber recognized Mr. Paul Huffhines, one of the developers, and his engineer, Mr. Walter Elliott. Chairman Weber read a letter dated Febru- ary 6, 1968, from the City's Consulting Engineers, which contained the following comments: "1 . The portions of the addition submitted at this time (Lots 2 through 13, Block 16; Lots 6 through 24, Block 17; and Lots 2 through 15, Block 18) are a variation of a preliminary plan submitted around 1960. Strick interpretation of Part C 2 (i) Ordinance # 147 indi- cates that that preliminary plat has expired, and an up-dated plat could be required by the Commission. 2. Attached is a copy of our letter of October 4, 1966, which states our understanding of the agreement reached between the Developer of this property and the City at the time the previous increment was approved. So far as we know the documents referred to in this letter have not been completed. Since these same documents are also related to this increment, we refer you to the Minutes of the meeting which approved that last increment. 3. The typical street sections submitted with this set of construction plans does not indicate compliance with Council instructions re- garding street construction requirements. Policies now in effect require 6" of Hot Mix Asphaltic Concrete. 4. Because of the extreme relief in this area, it is recommended that the 91 foot back of the curb, which is within street right-of-way, be constructed at a slope not to exceed 8% from the top of the (Page Seven, Regular Meeting, Planning and Zoning Commission, February 6, 1968.) curb, thus making installation of the utilities in this area %kr feasible. 5. This review specifically does not include water and sewer facilities which according to City Policies are handled by the City Manager's office." The letter of October 4, 1966 which the engineers refer to is addressed to Mr. Paul Huffhines, and advises as follows: "At the Council meeting which approved your latest filing of the subject addition, it was agreed that you would post with the City an irrevocable letter of credit for the sum of $20,160.00 (arrived at by $8.00 per foot for 2,520 feet) and for a period of eight (8) years. Please furnish this letter of credit to James Cribbs, City Attorney, for his approval as to form and content and he will forward it to the City Secretary for filing." Mr. Elliott referred to paragraph 1 of the Engineers' letter dated February 6, 1968, stating that, in his opinion, the ordi- nance referred to means abandonment of the plat; however, that Mr. Huffhines has not done this -- that a subdivision of this magnitude must progress slowly, which it has done since 1961 and that Mr. Huffhines is following the same pattern presented in the preliminary plat of this subdivision. With reference to paragraph 3, concerning street section, Mr. Elliott advised that Mr. Huffhines is not opposed to putting in 6 inches of asphalt; therefore, the developers accept this recommendation. Mr. Elliott advised that the developers are agreeable to the engineers' recommendation in paragraph 4 concerning the grade- that so far as he knows, the developers have met this requirement; however, there may be some which will have to be trimmed. Concerning the letter of credit referred to by the Engineers in their letter dated October 4, 1966, Mr. Huffhines stated that he will sign this document if the City will furnish it. Mr. Bullard stated that the Council 's view is for Mr. Huffhines' lawyer to prepare the document and present it to the City. Mr. Bullard stated further that the minutes reflect that Mr. Huffhines' lawyer will furnish the letter; however, Mr. Huffhines stated that his lawyer does not know what to say. Mr. Bullard advised that the City Attorney will not prepare such a document until instructed to do so, and the Council has not requested that he do it. Chairman Weber inquired if, on request, Mr. Cribbs will advise an attorney as to the type of document required. Mr. Bullard replied affirmatively and suggested that this matter should be taken care of prior to the next meeting of the Euless City Council . Mr. Bullard stated that the Engineers' reason for referring to the age of the plat is because the City Ordinance requires a two foot contour -- the engineers, at the time of the preliminary, took a G.S.D.A. ten (10) foot contour map and imposed two (2) foot contours on it and submitted it (Pa•e Ei .ht Re•ular Meetin• Plannin and Zonin Commission Februar 6 1.68. kir as the drainage study, which does not conform to the City Ordinnce. Mr. Elliott stated that in 1961 , when the preliminary plat was approved, there were very few ordinances and provisions, so far as subdivision rules and regulations are concerned -- that this usage map was made in 1959, and, in his opinion, it is as accurate as many of the maps which have been worked on. Mr. Browne inquired concerning Pebble Creek, and Mr. Elliott advised that it is the existing channel which has been cleaned out. Mr. Elliott commented further that there is very little variation from the original preliminary plat -- only in size of the lots -- that a street had been proposed at one time; however, it has been deleted from the plans presented at this time. Mr. Bullard advised that the City's Con- sulting Engineers desire a topo -- that they have advised him personally in this matter. Mr. Tench inquired concerning the amount of time it would take to pre- pare a topo. Mr. Elliott stated that Mr. Huffhines' surveyor will have to work two or three days, surveying the area, then present his figures to the engineers for completion. Mr. Elliott commented further that topography within six months will not be close to the topography as it is now, and that it will be changed completely as the development progresses. Mr. Elliott stated that storm sewers have been in- stalled to take care of the trouble spots, and that house foundations will be brought above the sewer elevation to eliminate problems. Mr. Browne inquired concerning the original plat and advised that he would like to see this plat. (Mr. Bullard left the Council Chambers to obtain the original plat.) Mr. Huffhines stated that when the lots are cut down and worked over, they will be nothing like they are now. A discussion followed, and Mr. Browne commented that, in his opinion, the plans do not show enough and he considers a topo essential . (There was a brief recess until Mr. Bullard returned with the original plat.) Members of the Commission studied the original plat. There was a brief discussion of flooding conditions which occurred previously, and Mr. Huffhines advised that this incident occurred prior to the opening of the creek. Mr. Elliott stated that the requested letter of credit was to take care of these improvements. Mr. Browne inquired if monies will be held in escrow until the City has enough funds to match it. Mr. Elliott stated that the City has funds which are set aside for this project; however, Mr. Bullard ad- vised Mr. Elliott that this statement was incorrect -- that no funds are available at this time. Mr. Huffhines commented that if the project is not started within eight (8) years, he will not be held responsible. Mr. Elliott stated that flooding might be (er' possible fifty (50) years from now and that, in his opinion, the City should con- sider this program in its next bond issue. Mr. Elliott commented further that Mr. Huffhines has spent approximately $22,000.00 on a larger bridge, in an effort to meet the storm needs and avoid future detrement to the City, and that this will also have to be done on Pipeline Road, in the future. nnin; an 7( nin^ C'.mission, February 6, 1963.) Mr. Tench made the motion to recommend ap- proval of the Final Plat for Morrisdale No. 2, Section 2, providing the recommenda- tions in the Engineers' letter dated February 6, 1963, with the exception of paragraph one (1) , are complied with. Mr. Hastings seconded the motion, and the vote is as follows: Ayes: Messrs. Tench, Hastings, Lande and Browne Nays: None Chairman Weber declared the motion carried. VII . RESOLUTION CALLING PUBLIC HEARING, ZONING CASE NO. 174, MR. BOB FOLSOM (9 ACRE TRACT ADJACENT TO SOTOGRANDE DEVELOPMENT) Chairman Weber presented a resolution calling a Public Hearing in Zoning Case 1714, in which Mr. Bob Folsom requests a change in zoning of a nine (9) acre tract adjacent to Sotogrande Development, from "A" Resi- dential to "A-3" Multiple Family Dwelling. The suggested date for said Public Hearing being February 20, 1966, Mr. Hastings made the motion to approve Resolution No. 173, calling a Public Hearing on Zoning Case No. 174 for February 20, 1960. Mr. Tench seconded the motion, and the vote is as follows: Ayes: Messrs. Hastings, Tench and Browne Nays: None (Doctor Lande was absent from Council Chambers at time the vote was taken.) VIII , LOT REVISION, LOT 5, BLOCK 17, MORRISDALE ESTATES NO, 2, FIRST SECTION Chairman Weber advised that this request for a revision of Lot 5, Block 17, Morrisdale No. 2, First Section has been re- quested, in order to square off the back of the existing lot and improve its appearance, adding a little to it -- that this revision will not affect utilities in any manner. Mr. Browne inquired concerning the ad- jacent property, and Chairman Weber advised that it is a part of the second section of Morrisdale No. 2. Mr. Hastings made the motion to approve the Revision of Lot 5, Block 17, Morrisdale Estates No. 2, First Section, as requested by the developers. Doctor Lande seconded the motion, and the vote is as follows: Ayes: Messrs. Hastings, Lande, Tench and Browne Nays: None Chairman Weber declared the motion carried. (:P;a Ten, Roqu!ar Pioot i nr, Planning and Zoning Commission, February 6, 1968.) lx„ Chly PUBLIC HEARING, ZONING CASE NO. 173 MR, 0, S. DOBKINS (THREE TRACTS OUT OF J. M. MATSON SURVEY.) Chairman Weber opened the Public Hearing on Zoning Case No. 173, stating that this hearing has been set to consider the pos- sible rezoning of a 25. 12 acre tract from "A" Residential to "C" Commercial , to accommodate a hospital , and to consider zoning a 7.17 acre tract and a 5.31 acre tract, from "A" Residential to "A-3" Multiple Family Dwelling. Chairman Weber recognized Mr. 0. S. Dobkins, who introduced Mr. Gene Schrickel . Mr. Schrickel advised that the owners of the property in question are Messrs. 0. S. Dobkins, B. J. Lunt and Frank Crumley, and that the tract originally contained sixty (60) acres, with a County Road penetrating it. Mr. Schrickel stated that twenty (20) acres North were dedicated to the City of Euless to be used as a park, the County Road was abandoned and right-of-way given for Northwest Boulevard (Westpark Way) , to connect Pipeline and Highway 121-A. Mr. Schrickel stated that this request for rezoning had been brought about because of a request from the Hurst-Euless-Bedford Hospital Authority for a hospital site -- that this site had been selected by the Authority, and the owners desire to sell to the Authority. The request for apartment zoning on the other tracts has been requested because cluster dwellings seem more appropriate for this area than single family units, due to the major thoroughfare in the area (Westpark Way) . Mr. Schrickel introduced Mr. Blease Tibbets, Chairman of the Hurst-Euless-Bedford Hospital Authority. Mr. Tibbets stated that his group has been working on this program for approximately one year- that the Authority is composed of nine men - three from each City. He advised that his committee feels that this particular site is geographically located as near all cities as can be found -- that it is accessible, and the immediate area is not now developed -- that proper buffer zones and highways can be built into it, making it a very desirable site. Chairman Weber asked if there were others who wished to speak in behalf of this zoning request. Mr. Earnest Spivey stated that he lives directly across the street from the property in question and inquired if some of the apartments will be facing Pipeline Road, and if so what the set-back will be. Mr. Schrickel stated that the required set- back is twenty-five (25) feet from the property line -- that there is no site plan at this time -- that they will probably be back away from the road anywhere from twenty-five (25) to one hundred (100) feet -- that this is variable. A visitor advised that all consultants with whom the committee has conferred have recommended a minimum of fifteen (15) to twenty (20) acres for a hospital site, and this is one parcel they have been able to obtain with that much acreage. tor A discussion followed and a study of the surrounding property was made. Mr. Browne inquired concerning dedication of West- park Way. Mr. Bullard advised that all right-of-way has been obtained -- that it is primarily a County-type road at this time. (Pase Eleven Resular Meetin. Plannin and Zonin Commission Februar 6 1.68. Mr. Schrickel stated that Marlene and West- park Way will be primary street to the hospital Sc site. Mr. Browne inquired concerning definite plans for the site. Mr. Schrickel advised that this is the first request from the Hospital Authority, and a decision is necessary so they will know what they can do -- that the Hospital Authority has an option in hand ready to execute, if this zoning is approved. Mr. Browne inquired regarding the size of the proposed hospital . Mr. Tibbets stated that it will have from seventy-five (75) to one hundred (100) beds and can grow in size to accommodate two hundred (200) beds -- that the Authority is of the opinion twenty (20) acres will be adequate. The architects they are using are developers of a number of hospitals and none have had as much as twenty acres to start with. Chairman Weber inquired concerning the time element of the building schedule. Mr. Tibbets stated that the entire project will probably take five years, which includes one year which has already been spent in the planning phase. Mr. Tibbets advised that $300,000.00 to $400,000.00 will have to be raised, if this option is exercised, and the Authority will start trying to raise this money as soon as the zoning is approved. They also will im- mediately make application to HUB for funds. Mr. Tibbets stated that the best estimate would be eighteen (18) months before construction can be started. Doctor Lando inquired regarding the avail- ability of Hill-Burton funds. Mr. Tibbets stated that they will not apply for Hill-Burton funds -- that it seems their funds have been reserved for expansion programs. Mr. Tench inquired regarding the Hospital Authority and its available funds for commitoents. Mr. Tibbets stated that the Authority has $7500.00 at this time, which was received from donors -- Bell Heli- copter, Mr. Jim Fuller and one other donor. Mr. Tench inquired concerning the type of service to be offered by the Hospital . Mr. Tibbets advised that it will be a General Medical Hospital . Chairman Weber called for those who wish to speak in opposition to this zoning request. Mr. R. J. Clark stated that he owns a par- cel of land South and East of the hospital site and South and East of Westpark Way. Mr. Clark inquired concerning the amount of acreage to be used by the Hospital Authority. Mr. Tibbets advised that twenty (20) acres will be used for the hospital . Mr. Schrickel presented a plat pointing out the area and advised that the remaining acreage of the 25.12 acre tract will be used for related services. Mr. Earnest Spivey stated that he resides South of Pipeline Road, directly across from the area which is proposed for apart- ments. Mr. Spivey advised that he has quite a problem getting out on Pipeline, even with two driveways -- that Pipeline is heavily traveled and is in bad condi- tion, and he wonders if it will accommodate more traffic. (Page Twelve, Regular Meeting, Planning and Zoning Commission, February 6, 1968.) Ihr Mr. Schrickel stated that he considers Westpark Way will be the main street. It was determined that Westpark Way is a County-type road up to the Richardson property, and on the other side, an eighty (80) foot right-of-way has been dedicated. Mr. Spivey inquired regarding proposed im- provements to Pipeline Road and the possible re-routing of Pipeline. Mr. Bullard advised that the plans for re- routing Pipeline have been abandoned. However, the Sotogrande Development has one street that turns up Pipeline which is almost where the engineers proposed to re- route Pipeline. Mr. Spivey stated that the drainage in the area is poor and he considers it would be dangerous for emergency vehicles to travel down Pipeline -- that, in his opinion, Pipeline is not a good artery in its present condition and the traffic should not be increased until there are plans for improvements. Mr. Spivey stated that, in his opinion, the apartments should be set back at least fifty (50) feet. Mr. Bullard advised that this matter comes under the platting of a subdivision and will be considered later, should the plans materialize. Mr. 0. D. McMullin stated that his property is East of Westpark Way -- that he is not opposed to the hospital nor the apart- ments, if they are built right; however, he is concerned with the drainage and he is of the opinion it would not be feasible unless Pipeline is reworked, widened and the drainage improved. Mrs. Lloyd Bolton advised that her property is located on the corner of Pipeline and Westpark Way, and she is not opposed to the hospital , but is not sure about the apartments. Mrs. Bolton advised that all right-of-way for Westpark Way has not been obtained -- that she and her husband have waited for the City Attorney for a year -- that her husband talked with the Mayor about this matter recently and had been advised,by the Mayor,that he would make an effort to finalize the matter. Mrs. Bolton stated that she wants it under- stood that she has not been the "hold-up", that it is the City Attorney. Mr. Tom Grizzelle stated that he is on the Board of an adjoining town and he appreciates the position of the Planning and Zon- ing Commission members and is aware of their problems; however, he moved out in the country because he wanted to live in the country -- that he does not want to stand in the way of progress, but he is aware of problems with apartments. Mr. Grizzelle advised that he has a garage which is adjacent to a nice apartment house and he does not appreciate their beer cans and whiskey bottles on his roof nor their garbage in his container. Mr. Grizzelle requested that a screening fence, similar to a stockade, as high as the City will allow, be erected between both types of zoning and the residences. Mr. Grizzelle advised that he has spent quite a lot of money improving his land -- that he had to create a pond twenty-five to thirty feet deep in some places and does not have the money to fill it and must let nature take its course in filling it. Mr. 0. D. McMullin inquired as to who is responsible for the flow of the water after a developer builds something up above. toe Chairman Weber advised that, normally, a developer is required to take care of the drainage through his property; however, the City's Engineers would make a detailed study of the drainage. (Page Thirteen, Regular Meeting, Planning and Zoning Commission, February 6, 1968.) c Mr. McMullin advised that the State Highway Department should be requested to make a larger opening on the East of his property (next to Mr. 0. W. Miller's property) because the area will be flooded should we have rains as we had in 1967. Chairman Weber advised that the City has land-use plans which were submitted by the Land Planner, and rather than allow blanket zoning, the City usually sets a time limit on construction -- if construc- tion has not begun at the expiration of that time, the land will revert to its original zoning. A question arose concerning the use of the five acres out of the 25.12 acre tract, which is not needed by the Hospital Author- ity. Chairman Weber stated that the City must have some commercial property to help pay the bills, and the City is trying to keep it in the logical area. Mr. Grizzelle stated that there will be a problem building a screen fence between his property and the other, and he will cooperate in every way with the developers and the City. Mr. Spivey inquired regarding the plans for the apartments -- will they be separate units or multiple. Mr. Schrickel replied that plans are indefinite at this time. Mr. Spivey inquired regarding the type of construction. Chairman Weber stated that this matter will come before the Commis- sion at a later date. Mr. Spivey inquired regarding the occupants of the apartments -- will they be white. Mr. Schrickel stated that he estimates at least 90% of the tenants will be white -- that it will be a white neighborhood. A discussion concerning the roads in the area followed. Mr. Bullard advised that the dirt road behind Doctor Braswell 's property is impassable at this time. Mr. McMullin stated that this is not a dedi- cated road -- that it was opened as an access road to Mr. Sexton's property. Mr. Tench inquired concerning the drainage problem. Mr. Dullard stated that the City is aware of the problem in Timberline Estates, and it will be necessary that the engineers study this problem and make recommendations. Mr. Schrickel stated that the Capital Improvements Program indi- cates the recommendation for a drainage channel -- that he contacted the City's Consulting Engineers in this matter, and the plans are indicated on the plat. There was a question concerning the length of time needed before construction can be started on the hospital . Mr. Tibbets advised that the Hospital Authority should know what they are going to do in eighteen (18) months, and they can request an extension of time, if necessary. Mr. Dullard stated that he cannot foresee any development within two (2) years. 41.0 Mr. Tench made the motion to recommend ap- proval of the zoning request, as submitted by Mr. Dobkins, providing construction is commenced within a period of eighteen (18) months. Mr. Browne seconded the (Page Fourteen, Regular Meeting, Planning and Zoning Commission, February 6, 1968.) motion, and the vote is as follows: Ayes: Messrs. Tench, Browne and Hastings Nays: None Abstained: Doctor Lande Chairman Weber called for a poll of the residents living within two hundred (200) feet of the property in question who are present to oppose this zoning request. It was determined that seven (7) property owners were present in opposition. Mrs. Bolton advised that she and her hus- band live within two hundred (200) feet; however, they did not receive a notice of this public hearing. Mr. Bullard stated that there must be some clerical error and requested that Mrs. Bolton furnish her name and address. Chairman Weber called for a new vote on the motion made by Mr. Tench and seconded by Mr. Browne, and the vote is as follows: Ayes: Messrs. Tench, Browne, Hastings and Weber Nays: None Abstained: Doctor Lande Chairman Weber declared the motion carried. X. DECISION I N ZONING CASE NO. 172, DOCTOR BURT HYDE (PUBLIC HEARING MELD JANUARY 16, 1968) Chairman Weber stated that the Mayor has contacted him and advised that he expects a recommendation concerning Zoning Case No. 172. Chairman Weber advised that a decision will have to be reached this evening. Mr. Hastings commented that he would like to see the Commission recommend approval of this zoning request, providing con- struction starts within a period of eighteen (18) months to two (2) years. A discussion of the information reflected in the Public Hearing followed, and Mr. Browne commented that only a sketch was presented, and in his opinion, the presentation was very vague. Mr. Tench made the motion to recommend ap- proval of the request of Doctor Burt Hyde, rezoning 26.103 acres out of the J. P. Halford Survey, from "A" Residential to "C" Commercial , providing the question of ownership, as indicated on the tax map and field notes, is resolved; providing, further, that plans must be submitted within a period of twelve (12) months and construction commenced within a period of eighteen (18) months. Mr. Browne second- ed the motion, and the vote is as follows: Ayes: Messrs. Tench, Browne and Hastings Nays: None ihre Abstained: Doctor Lande Chairman Weber declared the motion carried. (Page Fifteen, Regular Meeting, Planning and Zoning Commission, February 6, 1968.) XI. CERTIFICATE OF OCCUPANCY, MR. D. W. ARNOLD (MILL MACHINERY SUPPLY, 921 EAST EULESS BOULEVARD) The Certificate of Occupancy requested by Mr. D. W. Arnold to operate a mill machinery supply shop at 921 East Euless Boulevard was passed over earlier in the evening, as the Commission anticipated the arrival of fir. Arnold. Mr. Bullard advised that Mr. Arnold pro- poses to operate a business sharpening cutting tools and grinding tools -- these tools being the type used by Murdock and similar plants -- that the business is already in operation. Members of the Commission inquired as to how this business was able to start operation prior to approval of the Certificate of Occupancy. Mr. Bullard advised that many people are not aware of this requirement, as was this case, and go ahead and move into a building. Mr. Bullard stated that the City is not in a position to repay rent monies which are lost while awaiting the approval of a Certificate of Occupancy -- that the purpose of a Certificate of Occupancy is to assure the City that the oc- cupant will comply with statements, as set out in the Certificate of Occupancy. Mr. Dullard stated further that a state law says that the Planning and Zoning Com- mission and the City Council must approve these new businesses. Mr. Browne made the motion to recommend approval of a Certificate of Occupancy, as requested by Mr. D. W. Arnold. Doctor Lande seconded the motion, and the vote is as follows: Ayes: Messrs. Browne, Lande, Tench and Hastings Ways: None Chairman Weber declared the motion carried. Mr. Browne made the motion to recommend the removal of the requirement for a Certificate of Occupancy or conduct it in the proper manner, requiring a Certificate of Occupancy prior to the opening of the business. Mr. Tench seconded the motion, and the vote is as follows: Ayes: Messrs. Browne, Tench, Hastings and Lande Nays: None Chairman Weber declared the motion carried. XII . DISCUSSION: PROPOSED ZONING ORDINANCE Mr. Bullard advised the Members of the Commission that several changes in':tbe proposed zoning ordinance have been recom- mended and noted on each copy of the proposed ordinance. Mr. Dullard read each of these six (6) changes, noting the page and paragraph, to ascertain that all copies indicate the changes. (Page Sixteen, Regular Meeting, Planning and Zoning Commission, February 6, 1963.) Mr. Bullard stated that the City Manager recommends that Members of the Commission study the proposed zoning ordinance, so they will be in a better position to make recommendations concerning the zoning ordinance. XI11. ADJOURNMENT The meeting adjourned at 10:40 P. M. APPROVED: ATTEST: Chairm n 0 #P" -- Secretary f sm L