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Home My WebLink About1970-04-21 $ Ithw Regular Meeting of the Planning and Zoning Commission April 21 , 1970 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 8:05 P, M. , in the Council Chambers of Euless City Hall , with Vice Chairman Jack Browne presiding, Members present are listed, as follows : Messrs. Harry Arth, Jack Cline, E. E, Keplinger and Browne, (Absent : Messrs. Leonard Weber, Bill Tench and Richard Leggett) Also present were City Inspector Jack Bullard and Recording Secretary Florence Murr, VISITORS Visitors in attendance are listed, as follows : Messrs. Hugh M. Waite, George Barrowcliff, George Winter and Scot Wi nter, APPROVAL OF MINUTES Mr. Cline moved to approve minutes of the regular meeting dated April 7, 1970, as written, Mr. Keplinger seconded the motion, and the vote is as follows : Ayes : Messrs. Arth, Cline and Keplinger Nays : None (Mr. Browne did not indicate a vote on this motion,) Vice Chairman Browne declared the motion carried. II > APPROVAL OF LOT REVISION: LOTS 1 AND 2, BLOCK H, SOMERSET PLACE ADDITION, SECOND INSTALLMENT Vice Chairman Browne recognized Mr. Hugh Waite, who stated that he requests a revision in size of Lots 1 and 2, Block H, Somerset Place No, 2,. tomm \\NN\\\\ (Pa.e Two Re.ular Meetin. . Plannin. and Zonin. Commission Aril 21 , 1970) Plats indicating the requested changes were presented to Members of the Commission, and Mr. Waite advised that the property in question is located at the Southeast corner of Newport Way and Primrose Court. Mr. Waite advised that, in reviewing house styles for Lots 1 , 2 and 3, Block H, he found that the spacing was a little crowded -- that Lot 1 has a tree located on it, which he considers an asset to the property, and adjustment is necessary in order to save the tree. Mr. Waite stated that his request is to move the back pin approximately five (5) feet to the West, decreasing the width (at the rear of the property) of Lot 1 and increasing the width of Lot 2. Mr. Waite advised that no easements or engineering are involved, and he considers the revision would result in a better layout from the standpoint of appearance. Mr. Cline moved to recommend approval of the revision in size of Lots 1 and 2, Block H, Somerset Place Addition, Second Installment, as requested. Mr. Arth seconded the motion, and the vote is as follows : Ayes : Messrs. Cline, Arth and Keplinger Nays: None (Mr. Browne did not indicate a vote on this motion) Vice Chairman Browne declared the motion carried. III . APPROVAL OF RESOLUTION NO. 163, SETTING DATE FOR PUBLIC HEARING ON ZONING CASE NO. 203, REQUEST OF ROBERT S. FOLSOM FOR REZONING LOT 17, BLOCK 1 AND LOTS 17 THROUGH 31 , BLOCK 2, SOTOGRANDE, FROM "R-2" TO "PD" Mr. Bullard advised that a representative for Mr. Robert S. Folsom has petitioned for change of zoning classification of Lot 17, Block 1 and Lots 17 through 31 , Block 2, Sotogrande, from "R-2" Two Family Dwelling District to "PD" Planned Development. At the request of Members, Mr. Bullard presented small plats indicating the property in question and pointed out developments and future developments which are proposed for the area. Mr. Bullard advised that the nearest developed property is Morrisdale Estates , which adjoins Sotogrande on the West -- that the property for which rezoning is requested is approximately two hundred ninety (290) feet East of Morrisdale. Mr. Bullard advised that Mr. Folsom proposes to construct Town Houses on the property for which "PD" zoning is requested. L tkir (Page Three, Regular Meeting of the Planning and Zonin. Commission, April 21 , 1970) Mr. Cline moved to approve Resolution No. 163, setting May 5, 1970, as the date for Public Hearing on Zoning Case No. 203. Mr. Keplinger seconded the motion, and the vote is as follows : Ayes : Messrs. Arth, Cline and Keplinger Nays : None (Mr. Browne did not indicate a vote on this motion. ) Vice Chairman Browne declared the motion carried. IV. REVIEW OF CONDITIONS SUBSEQUENT ORDINANCES WHICH HAVE EXPIRED OR WILL EXPIRE IN THE NEAR FUTURE City Inspector Jack Bullard reminded Members of the Commission that certain properties within the City have been rezoned subject to conditions subsequent -- that the ordinances rezoning such properties state that the property shall revert to its original zoning classification, if such conditions and requirements are not met. Mr. Bullard advised that some Developers have not complied with conditions subsequent within the required time, and there are others which are nearing the deadline. Mr. Bullard pre- sented a list of such properties, as follows : 1 . Terry Davis Subdivision, located North of S.H. 183 adjacent to Oakwood Terrace North, rezoned to "R-3" by Ordinance No. 343, with conditions subsequent to expire as follows : A. May 26, 1970, B. November 26, 1970, C. November 26, 1971 . 2. Doctor Burt Hyde property, located East of North Industrial in vicinity of Euless Medical and Dental Arts Building, re- zoned to "C-2" and "R-3" by Ordinance No. 332, with conditions subsequent to expire as follows : A. October 23, 1969, B. April 23, 1970, C. April 23, 1971 . 3. Euless Developers property, located at the Northwest corner of Harwood and North Main, rezoned to "C-1 ", "C-2" and "R-3" by Ordinance No. 333, with conditions subsequent to expire as follows : A. October 23, 1969, B. April 23, 1970, C. April 23, 1971 . Mr. Bullard stated that the water and sewer extensions and the street have been put in; therefore, he considers the required date for completion of Phase 2 to be the governing factor. tro (Pa a Four, Regular Meeting of the Planning and Zoning Commission, April 21 , 1970 4. Lone Star Company, the Planned Development located North of S.H. 183 within the airport boundary lines, rezoned to "PD" by Ordinance No. 338, with conditions subsequent to expire as follows : A. February 13, 1970, B. August 13, 1970, C. August 13, 1971 , 5. Euless Industrial Park, proposed by Mr. Robert H. Power, adjacent to the Regional Airport, rezoned to "C-2", "L- I" and "R-3" (present zoning classifications) by Ordinance No, 341 , with conditions subsequent to expire as follows : A. April 22, 1970, B. October 22, 1970, C. October 22, 1971 . 6. Genseke property, located at the Southeast corner of F.M. 157 and the South service road for Spur 350, rezoned to "C-2" by Ordinance No. 286, with conditions subsequent as follows : A. August 9, 1970, B. February 9, 1971 , C. August 9, 1971 . 7. Elliott and Moak, property located on South service road of Spur 350, West of Wilshire Drive, rezoned to "C-2" and "R-2" by Ordinance No. 287, with conditions subsequent to expire as follows: A. August 9, 1970, B. February 9, 1971 , C. August 9, 1971 . 8. A. J. Winters tract, located on North side of proposed extension of Marlene, East of Westpark Way, rezoned to "R-3" by Ordinance No. 318, with conditions subsequent to expire as follows : A. July 9, 1969, B. January 9, 1970, C. January 9, 1971 . Members of the Commission discussed properties listed by Mr. Bullard. Mr. Arth expressed concern regarding the legality of any action regarding zoning classification of properties on which conditions sub- sequent have expired. Mr. Arth stated that in his opinion, if the law states that the zoning classification should revert, the Planning and Zoning Commission does not have the authority to act otherwise. Mr. Waite stated that, in his opinion, a precedence would be set by ignoring the reversion clause. With reference to the proposed Euless Industrial Park, Mr. Waite stated that, in his opinion, this property was zoned without limitations because it fit the Master Plan -- that this was a permanent zoning. V. ACTION CONCERNING CERTAIN PROPERTIES REZONED SUBJECT TO CONDITIONS SUBSEQUENT (Pa•e Five Resular Meetin• of the Plannin• and Zonins Commission, April 21 , 1970 Burt Hyde Property, Ordinance No. 332 Mr. Cline moved that, due to the location of this particular property, the Planning and Zoning Commission recommend to the City Council that they consult the City Attorney in an effort to waive conditions subsequent to the ruling regarding this particular reversion, as the Commission is of the opinion this property should retain the zoning classification of "C-2" Commercial and "R-3" Multiple Family Dwelling, as shown on the Official Zoning Map. Mr. Keplinger seconded the motion, and the vote is as follows: Ayes : Messrs. Cline, Keplinger and Browne Nays : Mr. Arth Vice Chairman Browne declared the motion carried. Lone Star Company Planned Development, Ordinance No. 338 Mr. Keplinger moved to recommend that the Lone Star Company 's property which was rezoned "PD" Planned Development by City of Euless Ordinance No. 338 revert to its original zoning classification of "R-1 " Single Family Dwelling District. Mr. Arth seconded the motion, and the vote is as follows: Ayes : Messrs. Arth and Keplinger Nays : None Abstained : Messrs. Cline and Browne Vice Chairman Browne declared the motion failed. Discussion Mr. Browne stated that, in his opinion, there should be some clarification concerning these cases -- that, from Mr. Waite 's statement regarding the rezoning of Mr. Robert Power's property there appears to be a discrepancy. Mr. Arth advised that he is of the opinion, the City Council should request an opinion from the City Attorney before any further action is taken concerning conditions subsequent ordinances which have expired. VI . ADJOURNMENT Mr. Keplinger moved that the meeting be two . Pl 8 d Z i Comm:ssi 1 \ , 1970) adjourned. Mr. Cline seconded the motion, and the vote Is as follows : Ayes : Messrs. Keplinger, Clire, Arth and Browne Nays : None Vice Chairman Browne declared the motion carried, and the meeting was adjourned at 9:10 P. M. APPROVED: ATTEST: Chairman Secretary fem^'ll � �04,