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HomeMy WebLinkAbout1970-02-17 Regular Meeting Planning and Zoning Commission February 17, 1970 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 8:00 P. M. in the Council Chambers of Euless City Hall , with Chairman Leonard Weber presiding. Other members present are listed as follows : Messers. Jack Browne, Bill Tench, Harry Arth and Richard Leggett. (Mr. Jack Cline arrived later in the evening. ) (Absent : Mr. E. E. Kepliynger) Also present were City Inspector Jack Bullard and Recording Secretary Florence Murr. VISITORS Visitors in attendance are listed as follows : Harold F. Hall , D.V.M. , Messers. W. R. Lawrence, A. T. Sellers, R. G. Gibson, T. G. Castleberry, George R. Ludwig, J. W. Allred, Harold McCombs, Alex Scott, Jr. , J. D. Phillips, Carl Tyson, Bill Dorsey, J. B. Padgett, E. Jack Steele, D. E. Green, G. A. Hardesty, W. H. Hammond, Jr. , Max Tyler, Messers. and Mesdms. Roy Harris, C. H. Holland, Jack Reams , Mesdms. Bob Jeffers, Virginia Steele and Bettye Hardesty. APPROVAL OF MINUTES , REGULAR MEETING DATED FEBRUARY 3, 1970 Mr. Browne moved to approve minutes of the regular meeting dated February 3, 1970, as written. Mr. Arth seconded the mo- tion, and the vote is as follows : Ayes : Messers. Browne, Arth, Tench and Leggett Nays : None Chairman Weber declared the motion carried. II . CONSIDERATION OF ZONING CASE NO. 198, REQUEST OF DOCTOR HAROLD F. HALL FOR REZONING 26.946 ACRES IN B.F.CROWLEY SURVEY FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "R-3" MULTIPLE FAMILY DWELLING DISTRICT (PUBLIC HEARING HELD JANUARY 20, 1970) Chairman Weber asked Members of the Commis- sion if they have comments or a motion concerning the request of Doctor Harold F. Hall for rezoning 26.946 acres in the B. F. Crowley Survey, Abstract 320, from "R-1" Single Family Dwelling District to "R-3" Multiple Family Dwelling District (Zoning Case No. 198) . (Page Two, Planning and Zoning Commission Minutes, February 17, 1970) Mr. Tench stated that, with all due respect to Doctor Hall , his property and his services as a former member of this Commis- sion, he is of the opinion certain facts should be acknowledged, as follows : 1 . The industrial area to the North, where the property in question is located, cannot be clearly defined until the North-South Highway is clearly estab- lished -- that he is of the opinion this is referred to as the Corridor Agreement. 2. The Planned Industrial Area (the area colored blue on the Master Plan) is approximately 2500 feet from the Western perimeter of the Airport, and he considers this to be adequate -- that further zoning along the main arterial routes there will undoubtedly require additional commercial zoning. 3. Thy: highways whic;h are not under construction, as reported by the Euless City Council , have a Fairly low priority. 4. Feelings of almost a unanimous population in this particular area of most respectable "R-1" housing have been expressed in a most democratic manner, as being opposed to any change of zoning. Mr. Tench stated that after evaluating these facts, he has determined that this is a premature request. Mr. Tench moved to recommend denial of Zoning Case No. 198, the request of Doctor Harold F. Hall for rezoning 26,946 acres in the B. F. Crowley Survey, Abstract 320, from "R-1" Single Family Dwell- ing District to "R-3" Multiple Family Dwelling District. Mr. Arth stated that, in his opinion, the City is in real danger of zoning itself out of existence. Mr. Arth called at- tention to S.H. 183, S. H. 350, S. H. 121 , F. M. 157 and the Regional Airport, stating that all of those major commercial or industrial areas added to the more or less undesirable areas which the City already has, properly buffered with commercial zoning, would eventually end up with an entire City zoned something besides "R-1". Mr. Arth stated, further, that approval of the sub- ject zoning request will invite similar requests from property owners of this area, as they will want to double their money too -- that, in his opinion, the City cannot deny their requests, if it goes ahead and rezones Doctor Hall 's property. Mr. Arth seconded the motion made by Mr. Tench, and the vote is as follows : Ayes : Messers. Tench, Arth and Leggett Nays : None Abstained: Mr. Browne Chairman Weber declared the motion carried. Chairman Weber stated that the Planning and Zoning Commission has heard many cases and, without exception, every Mem- ber of the Commission has commented on the fine conduct displayed concerning this particular zoning case. (Page Three, Planning and Zoning Commission Minutes,_February 17, 1970) 46, Mr. Arth commended Doctor Hall on his con- duct, stating that although he, personally, is not in favor of the rezoning, he is most appreciative of Doctor Hall 's conduct. III . PUBLIC HEARING, ZONING CASE NO. 200, REQUEST OF MR. A. T. SELLERS FOR REZONING 1 .6 ACRES IN THE J .H.HAVENS SURVEY, ABSTRACT 685, FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "I-1" LIGHT INDUSTRIAL DISTRICT Chairman Weber opened the Public Hearing on Zoning Case No. 200, to consider the request of Mr. A. T. Sellers for rezon- ing 1 .6 acres in the J. H. Havens Survey, Abstract 685, from "R-1" Single Family Dwelling District to "I -1" Light Industrial District. (Mr. Jack Cline arrived at this time.) Chairman Weber recognized Mr. A. T. Sellers, who stated there are existing buildings on the property in question, and he re- quests the rezoning of his property so he can proceed with improvement of those buildings. Mr. Sellers stated that he proposes to divide the front part of the larger building into three portions to use as a real estate office, and to use the back portion as a warehouse for the assembling of portable buildings. In reply to questions from Members of the Planning and Zoning Commission, Mr. Sellers stated that he builds pre-fab build- ings of different sizes -- that some will be constructed inside the building, and some will be constructed in sections and hauled to the site. Mr. Sellers advised that approximately 15 ft. by 30 ft. is the maximum size of buildings to be constructed at this site. Mr. Tench asked how many units Mr. Sellers proposes to store outside the building. Mr. Sellers replied that this would depend on the business -- that they would store no more than is absolutely necessary -- that outside storage is dead money. Mr. Browne asked if Industrial Zoning is requested because of the proposed outside storage. Mr. Sellers replied affirmatively and com- mented that he is sure Members of the Commission are aware that the City will receive a sales tax from the sale of these buildings. Members of the Commission reviewed Zoning Ordinance No. 347, and Mr. Tench read uses permitted within "I-i Light Industrial District, as listed on Pages 24, 25 and 26 of the Zoning Ordinance. Chairman Weber called for Proponents in this case. There being none, he called for Opponents. There was no one present who wished to speak in opposition, and Chairman Weber declared the Public Hearing (Pa•e Four Plannin• and Zonin. Commission Minutes Februar 17 1970) on Zoning Case No. 200 closed. Members of the Commission reviewed the zoning of subject property and its surroundings, as proposed on the City's Comprehensive Plan. It was determined that the Land Planner recommends commercial zoning for Mr. Sellers ' property, and that the tract adjacent to Mr. Sellers ' property on the West is zoned "C-2" at this time. Mr. Arth asked Mr. Sellers if he would consider withdrawing his application for "I-1" Light Industrial zoning and re- applying for a Specific Use Permit. Mr. Arth explained that this would protect the City from the possibility of a less desirable industry operating on this site at some future date. Mr. Browne asked if this could be con- trolled by the Certificate of Occupancy. Mr. Bullard advised that a Certificate of Occupancy is required when a business operation changes ; however, there is no legal excuse for denying a Certificate of Occupancy if the property is zoned to allow the business. Mr. Sellers stated that this is all right with him -- that he has owned the property about fifteen (15) years and has always cooperated with the City -- that he was Chairman of the Building Commit- tee for the first City Hall and Co-Chairman of the Finance Committee for the first City Hall -- that he had nothing to do with the de-annexation suit, and he joined the City of Euless instead of Bedford to get their boundary lines straightened up. Mr. Sellers advised that all he wants to do is improve his building -- that he has his materials out there at this time -- that he would have moved his office out here before, but his bookkeeper could not drive and would not learn; however, he has another bookkeeper now who can drive. Mr. Arth advised Mr. Sellers that the Planning and Zoning Commission cannot make a guarantee that the Specific Use Permit will be approved. Mr. Bullard stated that this change can be considered tonight, if Mr. Sellers wants to change his request. Mr. Bullard advised that Mr. Sellers needs to state exactly what he intends to do with his property because the use cannot be changed after a Specific Use Per- mit has been approved. Mr. Sellers advised that there are two existing buildings on his property and asked if the second building can be used for offices. Chairman Weber replied that this can be included in Mr. Sellers ' request. Mr. Sellers stated that it is his inten- tion to use one of the buildings for offices, if and when the man wants it, and the other building for offices, storage and construction of portable type buildings. Mr. Sellers advised that it is perfectly all right with him (to have a Specific Use Permit) . (Pa•e Five Plannin• and Zonin. Commission Minutes February 17, 1970) Chairman Weber stated that he is of the opinion the Public Hearing should be re-opened, in view of these events. Chairman Weber re-opened the Public Hear- ing on Zoning Case No. 200 and asked if there was anyone present who opposed Mr. Sellers ' request for a Specific Use Permit to allow the improvement of existing structures located on a 1 .6 acre tract in the J. H. Havens Survey, Abstract 685, to be used for office space, construction and storage of portable buildings. As there was no opposition to Mr. Sellers ' request, Chairman Weber declared the Public Hearing closed. Mr. Browne moved to recommend approval of Mr. Sellers ' request that a Specific Use Permit be granted in Zoning Case No. 200 for the improvement of existing buildings located on a 1 .6 acre tract to be used for offices, storage space, construction and fabrication of portable build- ings, with outside display being permitted to the extent of the property. Mr. Leggett seconded the motion, and the vote is as follows : Ayes : Messers. Browne, Leggett, Cline and Tench Nays : None Abstained: Mr. Arth Chairman Weber declared the motion carried. IV. RESOLUTION CALLING PUBLIC HEARING, ZONL'NG CASE NO. 201 , REQUEST OF MR. Q&. HENRY HOLLAND Chairman Weber advised that Mr. Sy Henry Holland has petitioned for a change of zoning classification on a 1 .65 acre tract in the J. H. Havens Survey, from "R-1" Single Family Dwelling District to "1-1" Light Industrial District. Chairman Weber advised that the subject property is situated adjacent to the property owned by Mr. A. T. Sellers, which was discussed in the previous item, and asked if Mr. Holland wished to comment on his rezoning request at this time. Mr. Holland advised that he has leased his property to some people who want to do mechanical boat repairs and sell fishing supplies -- that the people are wanting to get a boat dealership -- that he wants the property zoned to permit repairs, in case the present tenants move out. Mr. Holland advised that a garage has been operated on this proper- ty for several years. In reply to a question from Mr. Browne, Mr. Bullard advised that outside storage of boats is prohibited within a "C-2" Community Business District. Mr. Bullard advised that the Boat Dealership on S. H. 183 is non-conforming, and the one on North Main Street is being allowed to operate for a specific period of time, until they construct a suitable building. (Page Six, Planning and Zoning Commission Minutes, February 17, 1970) Mr. Holland commented that, if only a Specific Use Permit was granted, it would be necessary for him to appear be- fore the City each time he rented his place. Mr. Bullard suggested that Mr. Holland might request "C-2" zoning with a Specific Use Permit, which would permit the outside display of boats. Mr. Bullard explained that automotive repairs are permitted under "C-2" zoning, but outside storage is not. Mr. Tench read from City of Euless Zoning Ordinance the uses permitted within a "C-2" Community Business District. Mr. Holland advised that he will go along with that -- that he will take "C-2"zoning with a Specific Use Permit to allow outside storage of merchandise by his present tenants. Mr. Tench moved to approve Resolution No. 159, setting March 3, 1970, as the date for Public Hearing on Zoning Case No. 201 , to consider Mr. Holland's request for rezoning a 1 .65 acre tract in the J. H. Havens Survey, from "R-1" Single Family Dwelling District to "C-2" Com- munity Business District with a Specific Use Permit to allow the outside storage of boats. Mr. Leggett seconded the motion, and the vote is as follows : Ayes : Messers. Tench, Leggett, Arth, Browne and Cline Nays : None Chairman Weber declared the motion carried. V. INQUIRY CONCERNING PROPOSED OLYMPIC SIZED SWIMMING POOL Mr. Max Tyler, 303 Shenandoah, advised that one of his neighbors recently read an article in the newspaper which stated that the City of Euless is going to build an Olympic sized swimming pool South of Little Bear Creek in the Trailwood Addition. Mr. Bullard stated that the City proposes to purchase some land North of Little Bear Creek for a park site -- that he does not think a pool is proposed at this time -- that the City is attempting to get fifteen to eighteen acres along the North side of Little Bear Creek, but to his knowledge they have not talked with anyone concerning property on the South side. VI . ADJOURNMENT The meeting adjourned at 8:50 P. M. ihrAwr APPROVED: ATTEST: Chairman Secretary fsm