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HomeMy WebLinkAbout1967-12-05 Regular Meeting of the Planning and Zoning Commission December 5, 1967 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order by Chairman Len Weber, in the Council Chambers of Euless City Hall , at 7:35 P. M. The following members were present: Messrs. Don Hastings, Bill Tench, Richard Lande and Jack Browne. Also present were City Inspector Jack Bullard and Recording Secretary, Mrs. Florence Murr. VISITORS Visitors in attendance were: Messrs. George Midgley, John Galle, C. B. Myers, W. T. McCloskey, Paul Huffhines, Chuck Harvey, A. C. Dunn, Paul H. Biggerstaff, Joe Nicholson, Vernon Roberts; Doctor T. W, Bohannan; Mr. and Mrs. Edward E. Van Name and Mr. and Mrs. Grady Gilder, Jr. 1 . APPROVAL OF MINUTES Mr. Tench made the motion to dispense with the reading of the minutes of the meeting dated November 21 , 1967 and approve as written. Doctor Lande seconded the motion, and the vote is as follows: Ayes: Messrs. Tench, Lande, Browne and Hastings Nays: None Chairman Weber declared the motion carried. II . PUBLIC HEARING. ZONING CASE NO. 165, MORRISDALE DEVELOPMENT CORPORATION Chairman Weber stated that Morrisdale Development Corporation has requested the zoning classification of Out Lot A, Morrisdale Estates, be changed from "A" Residential to "B" Local Business and de- clared the Public Hearing open, for consideration of this request. Chairman Weber recognized Mr. Paul Huffhines, one of the Developers, who stated that the lot in question is an out- fall lot which faces Pipeline Road and that this request for a change of zoning was made in order to build a dentist's office. Mr. Huffhines presented a layout of the plans of the structure which he proposes to build. Mr. Browne inquired regarding the exact location of the property and was advised that it is across from the pump station. Chairman Weber inquired if there were others who wished to speak pertaining to this zoning request. Doctor T. W. Bohannan stated that he re- ceived a letter advising of this Public Hearing, and that he lives within 200 feet of the property in question. Doctor Bohannan stated that when he moved into (Page Two. Minutes of Regular Meeting. Planning and Zoning Commission,, December 5. 1_567.) tiow Morrisdale, he was advised that it was a residential area and he feels that the proposed change will depreciate the value of the property; therefore, he is opposed to it. Mr. Paul Biggerstaff stated that he also is of the opinion that this change would devaluate the property. Mr. Joe Nicholson stated that he feels the some as the other two gentlemen -- that it will devaluate the homes and there is a possibility that the business at this location may change in the future, and he is thoroughly against that. Mr. Nicholson stated that when he came to Morris- dale, he was advised that it was residential and he wishes it would remain so. Mr. A. C. Dunn stated that he objects to this rezoning and inquired regarding the notification of property owners within 200 feet. Chairman Weber stated that there is a law set by City Ordinance which states that only property owners living within 200 feet of the property in question must receive correspondence from the City. Mr. Dunn inquired if only the property owners which were notified would be heard. Chairman Weber advised that anyone de- siring to speak would be heard. Mr. Dunn stated that he also objects to this rezoning because, due to the condition of Pipeline Road, the residents of Morrisdale have a hard time getting in and out at this time, and in his opinion, if this rezoning is approved it will create a traffic hazard. Mr. Dunn stated further that there have been many accidents there, particularly during rainy weather, and he considers it could be a hazard. Chairman Weber requested that the City Inspector pass the picture of the proposed structure around, so that the visitors might see it. Mr. Bruce Myers stated that he also lives within 200 feet of outlot A and that he is in agreement with Messrs. Biggerstaff and Nicholson. Mr. 3111 McCloskey stated that he does not live within 200 feet of the property; however, he is opposed to the rezoning. Mr. Grady Gilder stated that he resides across the street from the property in question and that he also objects to the Commercial zoning. Mr. George Midgley inquired if the Com- missions decision is based on deed restrictions. Chairman Weber stated that it would have a bearing on the decision. Chairman Weber advised that this is an area which is zoned residential , but the Board has the power to recommend to the City Council that it be changed. Mr. Joe Nicholson asked why they want to put a dentist's office in this area, if the property was originally zoned residential . (Page Three, Minutes of Regular Meeting, Planning and Zoning Commission, December 5. 1967.) Mr. Paul Huffhines stated that no one wants the lot facing Pipeline Road and inquired if Mr. Nicholson would want a house on the lot in question. Mr. Nicholson stated that he did not wish to answer that question. It was suggested that a parkway be built on the lot. Mr. Huffhines stated that he would be glad to sell it to the City and let them make a park on it. Someone suggested that it could be made into another exit. Chairman Weber replied that it would be impossible. Mr. Huffhines stated that this intersection would be too dangerous, and someone com- mented that perhaps the intersection will be to dangerous for a business to be located there. One of the visitors inquired if this property could be used for something other than dentistry. Chairman Weber stated that should the doctor leave the area, it would be necessary for the prospective buyer or tenant to make application for a Certificate of Occupancy, which would go before the Planning and Zoning Commission and the City Council . Doctor Bohannan inquired if the building would accommodate other dentists. Chairman Weber replied negatively. Mr. Dunn inquired if rezoning this pro- perty to "B" Local Business classification would not establish a precedence in the area. Chairman Weber inquired where another business would be operated, and one of the visitors replied that, possibly, it would be in their home. The question of deed restrictions arose, and Mr. Bullard stated that there are two sets of deed restrictions on the Morrisdale area --those which were set by Mrs. Morrison and those set up by Morris- dale Development Corporation when they purchased the property and platted it. Mr. Bullard stated that the property in question was not included in the deed restric- tions set up by Morrisdale Development Corporation. Mr. Bullard advised that deed restrictions will hold until the City changes the zoning and that the City may change the zoning even though it is against the deed restrictions -- that deed re- strictions do not take precedence. Mr. Dunn inquired as to why the City of Bedford had been notified of this Public Hearing. Mr. Bullard stated that the City of Euless does not have to notify the property owners in an adjacent City -- that the of- ficials of the adjacent City are notified. Mr. Dunn Commented that, in his opinion, if commercial zoning starts on Euless ' side of Pipeline Road, possibly, it will also start on the other side, which is in the City of Bedford. Mr. Bullard stated that he would be notified if the City of Bedford was considering a rezoning request in that area. Mr. Huffhines inquired if the land re- ceive� on First Reading is taken in under residential classification. Ur. Bullard (Page Four, Minutes of Regular Meeting, Planning and Zoning Commission, December 5, 1967.) replied that all of the land which is incorporated is classified "A" Residential until it is rezoned -- that all businesses established prior to incorporation are classified as Hon-conforming Use. Mr. Chuck Harvey stated that he does not live within 200 feet of Out lot A; however, he does object to this rezoning. Mr. Harvey advised that he happens to !<now that the gentleman across the street (Pipe- line Road) is waiting for some of this property to go commercial . Doctor Londe inquired as to Mr. Harvey's reason for objecting to this rezoning. Mr. Harvey replied that he objects because he does not know what type of business will go in at this location. One of the visitors ingtirud regn rimy the kind of businesses which may operate under Local Business classification. It was determined that this classification is generally for retail sales, doctor's offices, clinics, drive-in groceries and that hamburger stand could also be operated under this zoning classification. Mr. John Gallo stated that he objects to this rezoning because there are several lots in Morrisdale which have not been sold, and he would be afraid these lots might be purchased for other businesses. Mr. Galle inquired if a liquor store could be operated on this property, if the sale of hard liquor should be allowed in the City of Euless. Mr. Bullard replied affirmatively. Chairman Weber stated that, as previously mentioned, this would be another case of the necessity for a Certificate of Oc- cupancy. One of the visitors inquired if the property owners are notified when a Certificate of Occupancy is being considered. Chairman Weber replied negatively, stating that the citizen's protection, in this instance, lies with the Planning and Zoning Commission ani the City Council . Mr. Ed Van Home stated that the home he is planning to buy will be on Pipeline Road and that it would be close enough to the property in question for him to object to the granting of this request. Chairman Weber presented deed restrictions covering the following lots: Lots 1 through 21 , Block 13; Lots 1 through 7 and 8, Block 14; Lots 1 through 19, Block 15; Lot 1 , Block 16; Lots 1 through L:., Block 17; and Lot 1 , Block 18. Mr. Weber stated that Out lot A is not included in these re- strictions and is the only lot which was ommitted. It was pointed out that these lots are in Morrisdale Addition, Second Filing. Mr. Browne inquired if there are other properties in Morrisdale which do not have deed restrictions. Mr. Huffhines replied that all of the property has been platted -- that there is a strip of land behind the existing tow commercial property which he is uncertain about. Mr. Browne commented that it seems peculiar that only one lot was ommitted from these deed restrictions. (Pape Five, Minutes of Regular Meeting, Planning and Zoning Commission, December 5, 1967.) Mr. Bullard advised that at the time Mr. Huffhines presented his plat to the Planning and Zoning Commission he commented that he did not think he could sell this lot, and there was no point in restricting this lot, if he did not intend to build a home on it. Mr. Bullard commented that the property in question had first been restricted as a tract -- then as a sub- division. One of the visitors requested that Mrs. Morrison's deed restrictions be read out loud. Chairman Weber stated that he would not real all of it -- that it was too long, and he read in part, as follows: "But the above conveyance is made upon the covenant, which by the acceptance hereof is hereby made by the Grantee, that all of the property conveyed by this deed shall be used for residential purposes only, and that any residence constructed on any part of said property shall be of at least eighty per cent brick or masonry construction and shall contain not less than eighteen hundred square feet of floor space; provided, however, that a strip of said land front- ing on Pipe Line Road and having a depth of not more than three hundred feet, and all of which said strip shall be west of the creek, hereinabove mentioned, may, if so desired, by Grantee, be used for "Local Business" as that term is defined by the Zoning Ordinances of the City of Euless, Texas;" Chairman Weber inquired if there were others who wished to speak, and Mr. Dunn stated that, with .refercnce to the previously cited incidents of the accidents in this area, he requests that the Board check the records of the Cities of Euless and Bedford. Mr. Dunn stated that he hears lots of emergency vehicles and sees lots of accidents from his back door. Chairman Weber declared the Public Hearing on Zoning Case No. 165 closed. Mr. Hastings made the motion that a decision in Zoning Case No. 165 be withheld until the next regular meeting, allow- ing time for further study by Planning and Zoning Commission members. Doctor Lande seconded the motion, and the vote is as follows: Ayes: Messrs. Hastings, Lande, Browne and Tench Nays: None Chairman Weber declared the motion carried. Mr. Huffhines inquired as to what this land could be used for, if you can't use it for a dentist's office of something similar. Mr. Hastings commented that this is one reason the Commission would like to study this case further before rendering a decision. Mr. Tench inquired if the Developer would consider cutting the lot into; thereby, increasing the size of other lots. Mr. Browne inquired if owners of the adjacent property had been contacted regarding this solution to the problem. Mr. Huffhines stated that he had talked with some of them. Mr. Browne stated that, in his opinion, this might be the best way to dis- pose of the land. III . FINAL PLAT APPROVAL GREEN HILLS PARK, SIXTH FILING Chairman Weber recognized Mr. Vernon Roberts, one of the Developers of Green Hills Park, and inquired if the Developers have received a copy of the letter concerning the Final Plat approval of Green Hills Park, Sixth Filing, from the City's Consulting Engineers. Mr. Roberts stated that their engineers received a copy of the letter. Chairman Weber read a portion of the letter, dated December 1 , 1967, in which the engineers made the following recom- mendations: 1 . Under the understanding that the Developer's Engineer, Mr. Ball , is submitting a revised profile for Aransas Drive which will indicate not less than 1 .60% grade and will also indicate grad- ing the ditch in Ash Lane to provide a capacity of 46 c.f.s. We believe the drainage provisions in the subdivision to be in accordance with the policies of the City of Euless. 2. Street sections provided with the plans indicate the latest policy providing for 6" of Hot Mix Asphaltic Concrete, as well as a 40 ft. street section for Aransas Drive in accordance with the Master Plan. 3. As has been the case with previous installments of this addition, as well as Royal Oaks Estates, we recommend the Developer deposit with the City $2.75 per foot along Ash Lane in lieu of future assessments to the property owners. This would require a total escrow amount of $4,630.59. With reference to paragraph number three of the engineers ' letter, Chairman Weber stated that this recommendation will be changed -- that the City will require the Developers to curb and gutter Ash Lane and put in one-half of the street. Mr. Roberts stated that he does not understand why he is required to put in one-half of a street which is not there. Mr. Bullard pointed out the portion of Ash Lane which must be surfaced, stating that it is a dedicated County Road. Mr. Roberts inquired why the County does not do some work on it, if it is a County Road. Mr. Bullard replied that the County probably would, if it remained a County Road, but it will be a City street. A lengthy discussion followed, and ,Mr. Roberts commented that it does not seem fair that he and his associates should be required to build a street when it is not on their property and none of the houses they plan to build will face the street. Mr. Bullard stated that this is the same as the improvements to Harwood Road -- that Mayflower was required to curb and gutter Harwood, although none of their houses face it. Mr. Roberts stated that he does not mind paying for part of it, but he does not want to pay for all of it. Mr. Bullard commented that the Engineers were in error in their reference to Royal Oaks Estates -- that they also were required to curb and gutter and tie into the pave- ment. Mr. Roberts stated that there is not even a road-bed in this area -- that it would be just as cheap to build the entire street, and in his opinion, it is not fair to ask him to put in a street which is not even there. Chairman Weber stated that Ash Lane has been designated a collector street, and it will have to go in. Mr. Bullard com- mented that the last three plattings have required that this be put in. Mr. Hastings inquired as to the difference in the amount stipulated in the Engineers' letter and the actual cost for con- struction of the street. It was pointed out that a street will cost approximately six or seven dollars per front foot. Mr. Roberts inquired who will pay for a storm sewer, should one be required. Mr. Bullard stated that plans would have to be submitted. Mr. Browne commented that it seems more reasonable to place the money in escrow than to construct one-half of the street; however, in his opinion, the escrow should equal one-half of the amount required for construction of the street, and that the Developer of the property to the North should be required to do the same. Mr. Roberts stated that Dallas and Fort Worth both have some "half" streets, and in his opinion, they are a mess. Chairman Weber stated that he is aware of the problems created by 'half" streets and inquired regarding the length of the required street. It was determined that the Developers would be required to build approximately 1800 ft. of the street, and the amount of money to be escrowed by both Developers was estimated to be approximately $10,800.00. Mr. Roberts commented that this street is not on his property; however, they dedicated enough land to make it possible to widen the street in the future. Chairman Weber stated that he is of the opinion the Council will not give in in this matter. Mr. Roberts stated that he is anxious to send this Final Plat on to the City Council for their consideration. Chairman Weber stated that there are several items on the check list furnished by the City, which have not been sub- mitted by the Developers, and in his opinion, all items should be complied with if the Developers expect to get approval by the Council . Mr. Browne inquired if the Developers would be agreeable to put up their part of sufficient escrow for making Ash Lane into a forty (40) ft. street. Mr. Roberts stated that he supposed so, if it is necessary. (Page Eight. Minutes of Regular Meeting, Planninn and Zoning Commission, December 5, 1967.) Mr. Browne made the motion to recommend that the cost for curb and gutter and paving of Ash Lane be determined by the City's Consulting Engineers. Mr. Tench seconded the motion, and the vote is as follows: Ayes: Messrs. Browne, Tench, Hastings an-i Lande Nays: Hone Chairman Weber declared the motion carried. It was determined that Items One and Two of the Engineers' letter have been complied with and have been approved by the Engineers. Mr. Browne made the motion that the Final Plat of Green Hills Park, Sixth Filing be recommended for approval , contingent upon the escrow amount and the inclusion therein with the approval of the plat, and also contingent upon the dedication of public properties and the receipt of taxes paid. Doctor Lande seconded the motion, and the vote is as follows: Ayes: Messrs. 3rowne, Lande, Tench and Hastings Nays: Hone Chairman Weber declared the motion carried. (Copy of Engineer's letter, dated December 1 , 1967, on file in Office of the Building Inspector.) IV. RESOLUTIONS NOS, 89, 90 AND 91 , SETTING DATES FOR PUBLIC HEARINGS Chairman Weber presented Resolution No. 39, calling a Public Hearing in Zoning Case No. 166, in which Mr. Hugh Waite re- quests the rezoning of a six and one-half acre tract out of the Solomon Huitt Sur- vey, tbst. No. 705 from "A" Residential to "B" Local Business. Chairman Weber stated that Resolution No. 90 calls a Public Hearing in Zoning Case Ho. 167 and that this zoning case pertains to the request of Mr. Bill Pasteur who requests the rezoning of a 14.497 acre tract out of the T. W. Cash Survey, Abst. No. 280 from "A" Residential to "C" Commercial . Chairman Weber stated that Resolution No. 91 is calling a Public Hearing in Zoning Case No. 168, in which Mr. Elvin E. Tackett requests the rezoning of Lots 1 and 2, Block 7, Westwood Village Addition from "A" Residential to "C" Commercial ; and Lot 24, Block 1 , Euless Gardens Ho. 1 from "B" Local Business to "C" Commercial . Chairman Weber advised that the suggested date for all three Public Hearings is December 19, 1967. Mr. Tench made the motion to approve Resolutions Nos. 89, 90 and 91 , calling Public Hearings in Zoning Cases Nos. 166, 167 and 168 for December 19, 1967. Mr. Browne seconded the motion and the vote is as follows: (Page Nine. Minutes of Regular Meeting. Planning and Zoning Commission, 460. December 5, 1967.) Ayes: Messrs. Tench, Browne, Hastings and Lends Nays: None Chairman Weber declared the motion carried. V, ADJOURNMENT The meeting adjourned at 8:50 P. M. APPROVED: ATTEST: 1)1/1L14 / Chairman Of2log4 ( %Id secretary