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HomeMy WebLinkAbout1970-02-03 ,. Minutes Regular Meeting Planning and Zoning Commission February 3, 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: Messrs. Jack Browne, Bill Tench, E. E. Keplinger, Jack Cline and Richard Leggett. (Absent: Mr. Harry Arth) Also present were City Inspector Jack Bullard and Recording Secretary Florence Murr. VISITORS Visitors in attendance are listed as follows: Mr. and Mrs. T. R. Rockett, Messrs. Warren Fuller, A. T. Sellers, Harold Hall , D.V.M. , George L. Gordon, E. Sizemore, K. Smelser and Council- man J. Dwayne Wilcox. APPROVAL OF MINUTES Mr. Cline moved to approve the minutes dated January 20, 1970, as written. Mr. Tench seconded the motion, and the vote is as follows: Ayes: Messrs. Cline, Tench, Leggett, Browne and Keplinger Nays: None Chairman Weber declared the motion carried. II . PUBLIC HEARING, ZONING CASE NO. 199, REQUEST OF MR. GEORGE L. GORDON FOR REZONING LOTS 1 AND 2, BLOCK 3, EULESS GARDENS NO. 1 , FROM "C-1 " NEIGHBORHOOD BUSINESS DISTRICT TO "C-2" COMMUNITY BUSINESS DISTRICT Chairman Weber opened the Public Hear- ing on Zoning Case No. 199, stating that the original request of Mr. George (Pa•e Two Re•ular Meetin• of the Plannin. and Zonin. Commission Februar 3, 1970 L. Gordon was for rezoning a portion of Lots 1 and 2, Block 3, Euless Gardens No. 1 , from "C-1 " Neighborhood Business District to "C-2" Community Business District. Chairman Weber stated that a service station, located on the remainder of Lots 1 and 2 is operating under a non-conforming use, and the City of Euless recommends that all of Lots 1 and 2, Block 3, Euless Gardens No. 1 be considered in this zoning case. Chairman Weber advised that the owner of the service station, Mr. Warren Fuller, has been contacted, and Mr. Fuller has consented to have his property included in this case. Chairman Weber recognized Mr. George L. Gordon, who stated that he desires to construct a self-operating or twenty- five (250 cent car wash on a portion of his property, and "C-2" Zoning is required for this type of operation. Mr. Gordon advised that the proposed structure will be located behind the existing service station, approximately thirty-five (35) feet West of the property line. Mr. Gordon stated that he is the owner of Euless Electric Company, and Euless Electric actually owns the property in question. In reply to a question from Chairman Weber, Mr. Gordon advised that the subject property is vacant at this time -- that a portion of it is being used by Euless Electric Company for parking. Mr. Tench asked when Mr. Gordon proposes to start construction of the car wash. Mr. Gordon replied that he is ready now and is waiting for the property to be properly zoned. Mr. Warren Fuller stated that he owns the service station located at the corner of Town Creek and North Main, and he would like to see the property rezoned. In reply to Mr. Tench 's question concern- ing use of the property located East of the subject property, Mr. Gordon advised that it is residential property. Mr. Gordon advised that an existing screening fence is located along his East property line -- that the fence extends from Town Creek Drive past Lot 3, which is occupied by Euless Electric Company. Chairman Weber called for proponents in this zoning case. There being none, he called for opponents. Mr. T. R. Rockett stated that he lives at 207 Salem and was present to find out for sure if this zoning encompassed the lot adjacent to First National Bank. Mr. Rockett advised that he had heard a Dairy Queen was to be built on that lot. fir (Pa.e Three Re•ular Meetin. of the Plannin. and Zonin. Commission, Februar 3, .1970) The City Inspector advised that First National Bank is located South of Town Creek Drive, and the subject property is North of Town Creek. Mr. Bullard advised Mr. Rockett that the lot adjacent to First National Bank is zoned "Cl "- Neighborhood Business District, which would allow the operation of a Dairy Queen -- but nothing has been submitted on it at this time. Mr. Browne advised that construction of a Dairy Queen at that location would not require a public hearing; however, a building permit would be required. Chairman Weber asked if there were others that wished to speak in opposition to this zoning request. There being none, the Public Hearing was closed. Mr. Browne moved to recommend approval of the rezoning of Lots 1 and 2, Block 3, Euless Gardens No. 1 from "C-1 " Neighborhood Business District to "C-2" Community Business District, as requested by Mr. George L. Gordon in Zoning Case No. 199. Mr. Leggett seconded the motion, and the vote is as follows : Ayes : Messrs. Browne, Leggett, Tench, Cline and Keplinger Nays; None Chairman Weber declared the motion carried. III . APPROVAL OF RESOLUTION NO. 155, SETTING FEBRUARY 17, 1970, AS THE DATE FOR. PUBLIC HEARING ON ZONING CASE NO. 200 REQUEST OF MR. A. T. SELLERS FOR REZONING A 1 . ACRE TRACT, J. H. HAVENS SURVEY, FROM "R-1 " SINGLE FAMILY DWELLING DISTRICT TO "1-1 " LIGHT INDUSTRIAL DISTRICT. Mr. Browne moved to approve a resolution setting February 17, 1970, as the date for a Public Hearing on Zoning Case No. 200, the request of Mr. A. T. Sellers for rezoning a 1 .6 acre tract situated in the J. H. Havens Survey, from "R-l " Single Family Dwelling District to "1-1 " Light Industrial District. Mr. Tench seconded the motion, and the vote is as follows : Ayes : Messrs. Browne, Tench, Leggett, Cline and Keplinger Nays : None Chairman Weber declared the motion carried. (Page Four, Regular Meeting of the Planning and Zoning Commission, February 3, 1970) IV. DISCUSSION OF INDUSTRIAL AREA IN VICINITY OF REGIONAL AIRPORT Members of the Commission discussed the invitation which had been extended to City Manager Griggs to meet with them and brief them on plans for that area of the City which lies in the vicinity of the new Regional Airport. Mr. Leggett asked if it would be possible for the City Manager to meet with Members of the Commission thirty (30) minutes before the next regular Planning and Zoning Commission meeting to brief the members on plans for the airport area. Mr. Leggett expressed concern about a decision which must be reached on Zoning Case 198, which was tabled until February 17, 1970. Mr. Browne stated that he doesn 't feel like making a recommendation on Zoning Case 198 until plans for the area near the airport have been discussed with the City Manager. Chairman Weber advised that the Commission is not compelled to take action on February 17th -- that the case can be postponed again, if Members of the Commission do not wish to vote at that time -- that, in his opinion, the Commission must be informed and take the proper action. Members of the Commission discussed the over-lay indicating the Sound Zones of the Regional Airport which had been superimposed over the Master Plan, Doctor Harold Hall called attention to an error on the map produced by the Airport Authority, stating that the street indicated as Glade Road actually is Harwood. Doctor Hall stated further that the relocation of airport boundaries, in relation to the location shown on the City 's Comprehensive Plan, results in the loss of 5,625,000 square feet (approximately 123.5 acres) of the area designated for Industrial zoning. Doctor Hall stated that thi ; is the point he attempted to make at the Public Hearing on January 20, 1970 -- that the City of Euless has an opportunity which is not often afforded and, in his opinion, it should capitalize on the magnitude of this airport -- that the airport is going to affect the City of Euless, and the City of Euless does not have but a very small area to capitalize on and help with the tax structure. Doctor Hall stated that, as a Member of the Planning and Zoning Commission, he questioned this matter the night the Land Planner presented this plan, but apparently he did not express himself well . (Page Five, Regular Meeting of the Planning and Zoning Commission, February 3, 1970) A lengthy discussion followed, and Members of the Commission were in agreement that additional information is needed for proper study. Members of the Commission requested that an overlay be furnished which indicates the proposed boundaries of the Regional Airport, the relocation of State Highway 360, the correct location of Glade Road, Harwood Road and Fuller-Wiser Road -- that the overlay include an adjustment in the location of proposed zoning indicated on the City 's Comprehensive Master Plan to coincide with the relocation of Regional Airport boundaries. The City Inspector agreed to submit this request for approval by the City Manager. V. REQUEST FROM MR. A. T. SELLERS FOR PERMISSION TO PROCEED WITH REPAIRS TO. BUILDING LOCATED ON WEST SIDE OF F.M. 157 SOUTH OF IglianfITFROAD GLADE Chairman Weber recognized Mr. A. T. Sellers, who stated that he had started some repairs on his building, not realizing that he needs a permit -- that he was told in 1969 that a permit was not necessary -- that he checked with the Building Inspector and was told that he (Mr. Bullard) would not give him a permit. Mr. Sellers stated that he wanted to install some partitions, doors and windows -- that there was to be no change in the exterior. Mr. Sellers stated that he had heard that it is within the power of the Zoning Board to allow him to proceed with his repairs. It was determined that the building in question is located on a tract of land for which Mr. Sellers has requested rezoning, from "R-1 " Single Family Dwelling District to "I-1 " Light Industrial District. Chairman Weber stated that there is nothing the Planning and Zoning Commission can do, at this point, to agree with what Mr. Sellers has done -- that it would be his suggestion to enclose it in the easiest way and wait and see if the rezoning is approved. Mr. Sellers stated that his request at this time is to close the building in and finish his repairs. Mr. Bullard, City Inspector, stated that the building in question is an old grocery store of masonry type construction which burned approximately ten years ago and has been vacant ever since. Mr. Bullard advised that Mr. Sellers wants to put an office in the building, and any time (Page Six, Regular Meeting of the Planning and Zoning Commission, February 3, 1970) you have an expenditure of a minimum of Fifty ($50.00) Dollars, a permit is required. Mr. Bullard advised that Mr. Sellers ' property is zoned residential -- that should a permit be issued, the building be restored, and should Mr. Sellers move into the building now, he would be operating a business in a residential area. Mr. Leggett commented that Mr. Sellers could repair the building and not operate out of it. Mr. Browne stated that, in his opinion, the existing structure is an "eye sore" and it would look much better if it were restored. Councilman Wilcox suggested that Mr. Sellers might go before the Euless City Council and get a Temporary Use Permit which would give Mr. Bullard authority to issue a permit -- that this would allow Mr. Sellers to repair the building, and he could take a chance on his zoning request being approved. Mr. Sellers advised that he wants to use the building for a real estate office -- that he is paying rent on an office in Fort Worth now -- that the building will be ued for assembling of metal buildings if his zoning request is approved. A discussion of the immediate vicinity of his property revealed that there are two houses on the South and that a house and garage on the West are located on property which is zoned for commercial usage. Mr. Cline asked if it is within the jurisdic- tion of the Planning and Zoning Commission to grant this request. Chairman Weber replied that it is in the jurisdiction of the Council -- that the Commission can issue a Certificate of Occupancy, but it would have to be approved by the Council . The City Inspector advised that the Zoning Board of Adjustment would have to waive the ordinance before Mr. Sellers would be allowed to operate in a residential area. Mr. Bullard stated further that he has no objection to Mr. Sellers ' repairing the building -- that he must advise as to what the City Ordinance says. Chairman Weber stated that the Commission cannot condone Mr. Sellers ' doing this without a hail ding permit,. lbw (Pa•e Seven Re.ular Meetin• of the Plannin• and Zoning Commission, February 3, 1970 Mr. Sellers stated that on March 13, 1969, he was advised that he did not need a permit -- that the person he talked with at Euless City Hall said that it was non-conforming. Mr. Tench asked Mr. Sellers if he knew the name of the person he talked with. Mr. Sellers replied that he has it, but would have to go get it. (At this time Mr. Sellers left the Council Chambers.) Upon his return, Mr. Sellers presented a yellow legal tablet to Chairman Weber, and Mro Weber read from it, as follows: "Called City Hall and Mrs. Houy said building permit not required to repair roof." Chairman Weber stated that, in his opinion, Mrs. Houy was saying that Mr. Sellers did not have to have a building permit to repair his roof. Mr. Sellers stated that he did not put all of the conversation in his notes. In reply to a question from Mr. Cline, Mr. Sellers stated that his original question to Mrs. Houy was if he needed a building permit to repair the building -- that her answer was "No", that it was an existing building. Mr. Sellers advised that Mrs. Houy asked him if he was adding to the building, and that he told her no. Mr. Cline asked if this was the end of the conversation. Mr. Sellers stated that it was, after they had discussed other repairs on it (the building) . Mr. Cline asked what other repairs Mr. Sellers discussed with Mrs. Houy. Mr. Sellers replied that they had discussed closing it in. Mr. Cline asked Mr. Sellers if he specifically asked Mrs. Houy a question about closing it in. tow (Page Eight, Regular Meeting of the Planning and Zoning Commission, February 3, 1970) Mr. Sellers replied affirmatively, that they had discussed the front and doors that Mrs. Houy advised that it was under a non-conforming use -- that the building was already there and it would be all right to go ahead and do it, In reply to a question from Mr. Cline, Mr. Sellers advised that this conversation took place in March, 1969 -- that he started working on it at that time but the work has not been completed because of the lack of money. Mr. Cline asked if it would be possible to wait until he can meet with the Council or if it is a matter of necessity that the building be enclosed now Mr. Sellers replied that he has materials at the location at this time. In reply to a question from Mr. Cline, Mr. Sellers advised that he would be agreeable to bring this matter before the City Council , and a discussion determined that the City Council will meet on February 10, 1970. Mr. Sellers commented that he was under the impression that the Planning and Zoning Commission had the power to give the City Inspector permission to allow Mr. Sellers to proceed with his repairs. Chairman Weber stated that he is of the opinion Mr. Sellers has gone ahead and done these various things and now wants the Commission to absolve him because he has done them, but the Commission is not going to do it. Chairman Weber commented that this thing has been going on for months and, evidently has lust become critical . Mr. Sellers stated that recently he asked the City Inspector to go down and inspect the wiring or if he could hire him or somebody to inspect the wiring -- that Mr. Bullard told him no. Chairman Weber advised Mr. Sellers that he has been told he can go before the City Council -- that he is also going to make the recommendation that the Building Inspector check the building the next morning, and if Mr. Sellers has done any more work on the building he is going to see that citations are issued -- that Mr. Sellers is outside the law now and cannot stay there -- that if Mr, Sellers has made an honest mistake he should stop now and get squared away, then go ahead. Replying to a question from Chairman Weber, Mr. Bullard stated that, in his opinion, Mr. Sellers will be heard by the City Council on February 10th; however, Mr. Sellers needs to call Mrs. Ferris, the City Secretary, and request to be placed on the Agenda. c (Page Nine, Regular Meeting of the Planning and Zoning Commission, February 3, 1970) VI . DISCUSSION OF THE NEED FOR A PLANNED INDUSTRIAL AREA FOR THE CITY OF EULESS At the suggestion of Mr. Cline, Members of the Commission discussed, at length, the need for planning an Industrial Area or Park for the City of Euless, in the vicinity of Dallas-Fort Worth Regional Airport. Mr. Cline advised that the City of Irving has an Industrial Park planned for the other side of the airport. Councilman Wilcox advised that the Jaycees have indicated an interest in this, and the City Council is interested in getting a definite area to "aim your pitch at", when attempting to attract industries -- that he, personally, would like to see some general area much more defined than what we now have. Mr. Cline advised that, previously, he worked with the Industrial Committee of the Jaycees -- that at that time their plan con- sisted of three phases -- No. one: Surveys, No. two establishing boundaries and No. three: selling the project with the theme Euless Industrial Airport Area. Mr. Cline stated that, from a revenue standpoint, the City should promote this area and start soon. Doctor Hall stated that this is the concept he was trying to convey at the Public Hearing concerning his rezoning request -- that the City of Euless needs to capitalize on this once-in-a-lifetime opportunity. In reply to a question from Mr. Cline, Doctor Hall advised that there are lots of qualified people to make a survey -- that he, possibly can get the surveys made prior to his request for rezoning of his property on North Main Street. Doctor Hall advised that, his personal opinion is the City should determine which direction it wants to go, then seek help from outside. Doctor Hall stated further that his personal observation is that the industrial area indicated on the Master Plan is far too conservative. Members of the Commission were in agreement that plans should be made for the industrial area at this time, and they were in agreement that the City Manager should meet with them to discuss this matter. Chairman Weber commented that the question is whether or not the City Manager has enough information to answer the questions of the Commission Members. too (Page. Ten Regular Meeting of the Planning and Zoning Commission Februar 3, 1970 Councilman Wilcox recommended that the City Council and Planning and Zoning Commission get together for a work session on this matter. Members of the Commission were in agreement to meet with the City Council , at the Council 's convenience, prior to February 17, 1970, at which time Zoning Case 197 is scheduled for their consideration. Members of the Commission agreed that the meeting with the City Manager which is tentatively scheduled for 7:30 P. M February 17, 1970, should be cancelled, providing a joint meeting of the City Council and Planning and Zoning Commission can be arranged. VII . ADJOURNMENT The meeting adjourned at 9:40 P. M. APPROVED: ATTEST: Chairman Secretary f sm; i l togo