Loading...
HomeMy WebLinkAbout1969-08-05 Regular Meeting Planning and Zoning Commission August 5, 1969 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 8:Q5 P. M. , in the Council Chambers of Euless City Hall , with Chairman Leonard Weber presiding. Other members present are listed as follows: Messers. Jack Cline, Harry Arth and Richard Leggett. (Mr. Leggett arrived shortly after the Call to Order.) Absent: Messers. Bill Tench and Jack Browne. Also present was Recording Secretary Florence Murr. VISITORS Visitors in attendance are listed, as follows: Messers. Ivan Gregory, Willard L. Lowry, representing Construction Design Assiciates , Inc. , M. D. Cowart, Bill Pasteur, Chester Smith, Bobby R. Helm, Doyle 0. Winters, Clint D. Starr, John Hutcheson and Orville Durham. APPROVAL OF MINUTES Minutes of the regular meeting dated July 15, 1969, were approved as written. I . PUBLIC HEARING, ZONING CASE 193, REQUEST OF MR. BILL PASTEUR FOR REZONING THE WEST 1 FEET AND THE NORTH 20.2 FEET OF LOT 1 , BLOCK 2. OAK FOREST ADDITION, FROM "C-1" NEIGHBORHOOD BUSINESS DISTRICT TO "C-2" COMMUNITY BUSINESS ISTRICT. Chairman Weber opened the Public Hear- ing on Zoning in Zoning Case 193, the request of Mr. Bill Pasteur for rezoning the West 15 feet and the North 20.2 feet of Lot 1 , Block 2, Oak Forest Addition, from "C-1" Neighborhood Business District to "C-2" Com- munity Business District , advising that the property in question is located at the Northwest corner of North Main Street and Harwood Road. Chairman Weber recognized Mr. Bill Pasteur, who advised that the purpose of his rezoning request is to en- large a service station site being purchased by Mobil Oil Company. Mr. Firth stated that he is employed by Mobil Oil Company, therefore, does not wish to vote on this item and retired from his position as a Member of the Planning and Zoning Commis- sion. (Page Two, Planning and Zoning Minutes Regular Meeting Aydust lr 190) Mr. Pasteur stated that several months ago, the City Council approved "C-2" zoning for a tract 150 ft. by 150 ft. , at the northwest corner of North Main and Harwood Road. Mr. Pasteur ad- vised that Mobil Oil Company was desirous of purchasing this site; however, due to the turning radius, they considered the site too small because of the limited amount of ingress and egres and requested that the site be increased in size to approximately 165 ft. by 170 ft. In reply to a question, Mr. Pasteur advised that this is the property in Oak Forest Ad- dition for which the plat was recently revised, Chairman Weber called for opponents in this zoning request. There being none, the Public Hearing was closed. Members of the Commission reviewed the plat, and Mr. Pasteur advised that field notes for the entire service station site are filed in the Zoning Case file. Mr. Cline moved to recommend approval of the request for rezoning the West 15 feet and the North 20.2 feet of Lot 1 , Block 2, Oak Forest Addition, from "C-1" Neighborhood Business District to "C-2" Community Business District , as requested in Zoning Case 193. Mr. Leggett seconded the motion, and the vote is as follows: Ayes: Messers. Leggett, Cline and Weber Nays: None Chairman Weber declared the motion carried. (Mr. Arth returned to his chair at this time.) II. PUBLIC HEARING, ZONING CASE 194. REQ4UEST FOR REZONING A TRACT IN JOHN GROVES SURVEY, ABSTRACT 599, FROM "C-2" COMMUNITY BUSINESS DISTRICT TO "I -1" LiGHT INDUSTRIAL DISTRICT, MR. CLINT STARR. 1EPRESENTING MR. JOHN P. HUTCHESON ' Chairman Weber opened the Public Hearing on Zoning Case 194, the request of Mr. Clint Starr, representing Mr. John P. Hutc` eson, for rezoning a tract of land out of the John Groves Survey, Abstract 599, from "C-2" Community Business District to "I -1" Light Industrial District. Chairman Weber advised that the property in question is located at the Northeast corner of Highway 183 and Raider Drive, and that a Mobile Homes Sales business is being operated on the site at this time, by Mr. Orville Durham. Chairman Weber recognized Mr. Clint 41 r► Starr, who advised that he is associated with Mr. Robert H. Power in the fi practice of law in the City of Irving -- that Mr. Power asked him to ex- tend apologies for his absence from this meeting that Mr. Power planned to present this case, as Mr. John P. Hutcheson is his client; however, a Special City Council meeting was called in the City of Irving which pre- vented Mr. Power's attending this meeting. (Page Three, Planning and Zoning Mj nutes� Regular Meeting, August S, 1960 Mr. Starr stated that, at the time of his recent appearance before this Board, Members raised a question concerning the appearance of the Mobile Homes Sales site -- that, as he came into Euless from Irving this evening, he noticed commercial busi- nesses on both sides of Highway 183 and observed that some of the larger grocery stores and service stations presented an excellent ap- pearance; however, there are many commercial businesses on this highway which do not have as nice an appearance as the Mobile Homes Sales site. Mr. Starr advised he had observed that everything across the highway from the tract in question is com- mercial -- that there are no schools, churches or residences. He observed apartment houses approximately 3/4 of a mile to the West of Mr. Hutcheson's property, a school and stadium approximately 3/4 of a mile to the Northwest, and residences to the North which, in his opinion, are at least 200 yards from the tract in question. Mr. Starr stated that a tire shop is located to the East and, perhaps, some scrt of ser- vice station. Mr. Starr advised that, at his suggestion, Mr. Hutcheson attempted to contact adjacent property owners and talked with two of them, and they indicated that they have no objection to rezoning this property. Mr. Starr called attention to limited ingress and egres to the property in question, stating that, to gain access from the East, West and North necessitates traveling East on Highway 183 to the nearest turning lane, then traveling West on Highway 183 to the property in question. Mr. Starr advised that the existing structure has a canopy which extends out twenty or thirty feet, where horse trailers are parked. Mr. Starr stated that he had observed a used car lot on Highway 183 where some of the cars were parked under a canopy and some were not -- that they were not more enclosed than the trailers on the Mobile Homes Sales site. Mr. Starr stated that, possibly, the present use of the property may not be in violation of the Zoning Ordinance for the reason that each mobile home is enclosed within it- self, with its own roof -- that no one is going to move into these homes and occupy them -- that they are for sale and under their own roof, and as such, they are under an enclosure. Mr. Starr stated that the mobile homes which are being displayed seem to be large and expensive, either new or almost new -- that they are arranged neatly -- that Mr. Durham has used some concrete blocks, which have been painted green, 4',7th a little white fence between them, to make them more attractive, Mr. Starr stated further that he observed no junk on the premises, that Mr. Durham has leveled the tract and attempted to make it more attractive. Chairman Weber recognized Mr. John P. Hutcheson, owner of the tract in question. Mr. Hutcheson advised that he has talked with Mr. Fuller and Mrs. Morris, who own adjacent properties - - that Mr. Fuller has two rent houses and Mrs. Morris has one rent house, and neither of them have any objections to rezoning his property. Mr. Cline asked Mr. Starr if he would say Highway 183 is the front door of Irving. (Page Four, Planning and Zoning Minutest Regplar Meetij,q, August � 19§9) tow Mr. Starr replied negatively -- that he considers Highway 356 Irving's front door because it goes through the heart of the City. Mr. Cline stated that he is a former resident of Irving and a former member of the Carpenter Freeway Associa- tion, which has been organized for approximately two years -- that they consider Highway 183 the front door -- that it will eventually be one of the largest freeways in the area. In reply to questions from Mr. Cline, Mr. Starr stated that he does not know of any Mobile Homes Sales businesses located on either Carpenter Freeway or Highway 356 -- that there may be some, but he does not know -- that he moved into the area in 1968 and, possibly, Mr. Cline is more familiar with the City of Irving than he. Mr. Starr stated that he is not at,- tempting to compare the City of Euless with the City of Irving -w that he merely pointed out that there are some commercial businesses along Highway 183 which are attractive, but there are others which are not at- tractive -- that the City of Euless has many businesses which are less attractive than the Mobile Homes Sales site. Mr. Cline asked Mr. Hutcheson if he knows the present value of his land, under its existing zoning classifi- cation. Mr. Hutcheson replied negativeiy. Mr. Cline asked if Mr. Hutcheson has any idea what the land would be worth if the zoning is changed to Light Industrial . Mr. Hutcheson replied negatively, stating that he has never tried to sell the land. Mr. Starr advised that he does not know either -- that Mr. Hutcheson does not plan to sell his property -- that they are merely trying to keep Mr. Durham in business. Mr. Cline asked if Mr. Hutcheson knows what type of business is allowed under Light industrial zoning. Mr. Hutcheson replied negatively. Chairman Weber recognized Mr. Orville Durham, who stated that, at the time he requested a Certificate of Occupancy to operate a Mobile Homes Sales business , he promised to be a good citizen and try to be an asset to the community -- that he has tried to do this in a restricted way. Mr. Durham advised that his busi- ness site did get run-down for a t ile because of his illness -- that he was in the hospital approximately two months. Mr. Durham stated that they have ad- ditional plans for the site -- that they hope, some day, to remove the old building and construct a modern office ,- that they plan to remove the fence on the West side of the tract. Mr, Durham commented that the fence has not been removed previously because of vandalism along the street -- that they were of the opinion the fence might protect the property. Mr. Durham stated he is aware the fence is unattractive, and (Page Five, Planning and Zoninq_Commission Re. l :r Meetin. Au.ust 1.6' Mr. Hutcheson has agreed to its removal -- that he also plans to remove the old tree and construct some type of curb at the corner of the tract, to make it more attractive. Mr. Cline commented that the display of trailers shown in the drawing looks very attractive. In reply to a question, Mr. Arth was advised that Mr. Durham has operated his business (Mobile Homes Sales) at this location for approximately eighteen months -- that a temporary Certificate of Occupancy was issued him in September, 1967 -- that the City's new zoning ordinance prohibits outside display of merchandise within a Community Business District; therefore, this business is in violation of the City Ordinance. Mr. Cline stated that he agrees this is an attractive operation, but he is concerned with the possibility of having industrial property on the front door of the City. Mr. Arth stated that Euless looks terrible when you drive into the City and this is one reason he is serv- inq on this Board -- that he may not be able to do anything about those which are existing, but he is going to try to improve future activities. Mr. Arth stated that he is opposed ti "I -1" Zoning in this area, but would not be opposed to operation of the Mobile Homes Sales business, if the City Attorney is convinced that the restriction prohibiting outdoor display of merchandise does not apply to mobile homes. Mr. Hutcheson stated that he has been in Euless for twenty-two years and has never objected to his taxes, but if this zoning is not approved, the property In question is a dead corner, and he will appreciate anything the City can do for him. Chairman Weber stated that, in his opinion, nothing on Highway 183 will be dead within the next five years -- ;hat everyone is looking for property on Highway 183. Chairman Weber called for opponents in this zoning request. There being none, the Public Hearing was closed. Chairman Weber stated that he would like for Messers. Hutcheson and Durham tp be informed of the types of businesses allowed within a Light Industrial Zoning District, and read a portion of the list from Ordinance 347, as follows: "chicken hatchery, creamery, dairy, power plant, electronics manufacturing and assembly, flour and grain storage elevators, Coe fruit and vegetable drying, fuel gas storage, lime and cement warehouse". Chairman Weber advised that, in his opinion, "I -1" does not appear to be the proper zoning for this area, with a Junior High School , duplexes and a day nursery in the immediate vicinity. (Page Six, Planning and Zoning ,Commission., Regular Meeting, August 5, 1969) Mr. Leggett stated that he would prefer to leave the zoning classification as "C^2" and request the City Attorney to define the restrictions in the Zoning Ordinance. Mr. Starr asked if a decision can be Withheld until such time as the City Attorney's opinion can be obtained. Chairman Weber advised that this Board must reach a decision and can request an opinion from the City Attorney. Mr. Arth moved to recommend denial of the requested zoning in Zoning Case 194. Mr. Cline seconded the mo- tion, and the vote is as follows: Ayes: Messers. Cline, Arth and Leggett Nays: None Chairman Weber declared the motion carried. Mr. Arth moved to recommend that the City Attorney present an opinion concerning his interpretation of City pf Euless Ordinance No. 347, defining whether or not this business can legally operate within a Community Business 2oniog District. Mr. Leggett seconded the motion, and the vote is as follows: Ayes: Messers. Cline, Arth and Leggett Nays: None Chairman Weber declared the motion carried. Mr. Starr requested that this matter be withheld from the City Council Agenda until August 26, 1969, because he cannot be present at their next regular council meeting. III. REQUEST FOR EXTENSION OF TIME APPLIED TO CONDITIONS SUBSEQUENT IN ORDINANFE 322 (Zoning Case 166) , REQUESTED BY M SSERSr BOBBY R. HELM, BOBBY MALONE, W. H. ALBRITTON AND CHESTER SMITH Chairman Weber recognized Mr. Bill Pasteur, representing Messers. Bobby R. Helm, Bobby Malone, W. H. Albritton and Chester Smith, in their request for an extension of time for conditions subsequent applied to Ordinance 322. Mr. Pasteur intro- duced Messers. Helm and Smith. Mr. Pasteur advised that the request concerns approximately six and one-half acres on North Main Street at East Midway Drive, which was purchased by these gentlemen approximately five months ago. Mr. Pasteur advised that the West 300 feet of this tract was permanently zoned "B" Local Business several years ago by Ordinance 229 -- and the owners were not aware of another ordinance until some time after the purchase. Mr. Pasteur explained that the other Ordinance (No. 322) erroneously rezones the entire tract to "B" Local Business, with (Pa•e Seven Plannin. and Zonin• C.mmissio Re.ular M:etin• Au•ust 1.6• conditions subsequent -- that Mr. Hugh Waite requested zoning of the Eastern portion of this tract; however, the Surveyor prepared field notes for the entire tract, and those field notes are contained in Ordinance 322. Mr. Pasteur stated that the owners request an indefinite extension of time for conditions subsequent applied to Ordinance 322. Chairman Weber asked Mr. Helm if he and his associates have plans for this tract. Mr. Helm replied negatively, stating that they would like to do something with it , but have no definite plans as money is pretty tight at this time -- that they are victims of cir- cumstances. Chairman Weber commented that, in his opinion, this small strip cannot be used for anything, except to tie into the three hundred foot strip facing Main Street. Mr. Arth moved to recommend approval of the request for an indefinite extension of time applied to conditions subsequent incorporated in Ordinance 322 (toning Case 166) . Mr. Cline seconded the motion, and the vote is as follows: Ayes: Messers. Arth, Cline and Leggett Nays: None Chairman Weber declared the motion carried. IV. APPROVAL OF FINAL PLAT FOR O. L. PITTS SUBDIVISION TCATED EAST OF MEDICAL AND tAL ARTS CENTER AT 800 NORTH INDUSTRIAL BOULEVARD) Chairman Weber recognized Mr. Don Cowart of Elliott Engineering, who introduced Mr. Willard Lowry, represent- ing the owners and builders in their request for Final Plat Approval of O. L. Pitts Subdivision. Mr. Cowart advised that he has seen a copy of the letter from the City's Consulting Engineers, in which they comment on the subject addition. Mr. Cowart advised that he and Mr. Lowry are in agreement with the Engineers ' comments regarding the 8-inch water line. Mr. Cowart stated that copies of the maintenance agreement , as recommended in paragraph two of the Engineers letter, will be furnished the City. In reply to a question from Chairman Weber, Mr. Lowry advised that the Developers propose to construct a one (Page Eight, P!ennin• and Zoning Commission Regular Meetin. Au.ust 1.6• hundred , tweet,/ (120) bed Nursing Home on this site -- that the doctors who owe 'k : di i-,-?7t property on the West have agreed to dedicate the necessary right-:°` •way for access to the property in question from F.M. 157. Mr. Lowry stated that they propose a single story, brick veneer structure, with approximately sixty (60) bedrooms -- that the entire facility will contain approximately 28,000 square feet. Mr. Lowry stated that this will be a State Approved Nursing Home for the aged -- that it will be operated by Nursing Homes, Inc. In a discussion, it was determined that, at this time, access can be gained only from F.M. 157 -- that, possibly, streets will be opened in the future, allowing access from the North and South. Mr. Leggett moved to recommend ap- proval of the Final Plat for 0. L. Pitts Subdivision, subject to compliance with recommend. t ions outlined in the letter dated August 4, 1969, from the City's Cor u Ling Engineers. Mr. Arth seconded the motion, and the vote is as fellows: Ayes: Messers. Cline, Arth and Leggett Nays: None Chairman Weber declared the motion carried. V. APPROVAL OF FINAL PLAT FOR EULESS MOBILE HOMES PARK LOCATED ON PIPELINE ROAD, EAST OF SOUTH MAIN STREET Chairman Weber read a letter dated August 4, 1969, from the City's Consulting Engineers, concerning the Final Plat for Euless Mobile Homes Park, as follows: "We have reviewed the plans submitted for the subject project, as requested by the City Manager's office , and offer only one comment for your consider- ation. We are somewhat concerned with the narrow width of interior streets (26 ft.) . When considered along with the parking which is designed so that rear bumpers extend to the back of the curb in order to provide a true 20 ft. fire lane, strict enforcement of no allowed parking wou'Id be a necessity, and there would be no parkway behind the curb available for pedestrian traffic." Chairman Weber recognized Mr. Don Cowart, representing Walter Elliott, Engineer, who introduced Mr. Doyle Winters, Developer, who reviewed the plans with Members of the Commission, pointing out designated off-street parking areas. Mr. Cowart stated that a 20 ft. dedi- cated fire lane is proposed , with off-street parking facilities for two cars for each lot. Mr. Winters presented photographs of four Mobile Home Parks which were made on Sunday. Mr. Winters pointed out that there was very little traffic congestion, even on Sunday. (cage. aine `y-neirq I' d Zoning. Commission„ Reqular Meeting, August 5,, 1969) Mr. Winters read from a booklet made available by United States Governmental Agency concerning recommendations for streets te', a mobile home park development , as follows: "entrance str- is have a minimum width of thirty-four feet. If vrkine is ;-.err<i7�ta a±c>ry both sides of an interior street, the street should be a rin;:, .;;r, of thirty-four feet. If parking is permitted only on one side, the recommended minimum width is twenty-seven feet, which can be reduced to r 'ienty-roar feet, if on-street parking is prohibited". Mr. Winters stated that he has attempted to design a de•,/e ,e pment which exceeds requirements -- that each lot has a minimum of 4,00 square feet -- that the average parking recommendation is for 1 .3 cars, a space 9 feet by twenty feet in size, and he has provided twenty feet by i'Llerlt/ feet for two cars, per lot. In reply to a question from Chairman Weber, Mr. W° :rs:• c., "sod that r.here is a twenty Foot building line on the front ,- nd : i rcy root on the rear that one entrance was provided, and it was designed this way intentionally, in an effort to prevent speed ways and vandalism. Chairman Weber asked how Mr. Winters proposes to prohibit parking, stating that this fire lane must be kept open at all times. Mr. Winters advised that he will have a full-time manager in the park, and this will be one of his duties -- that he realizes the importance of the fire lane, and this is why he wants to dedicate the fire lane. Mr. Arth moved to recommend approval of the Final Plat for Euless Mobile Homes Park, subject to compliance with recommendations in the letter dated August 4, 1969, from the City's Con- sulting Engineers, with on-street parking to be prohibited , in order to provide the necessary fire lane. Mr. Cline seconded the motion, and the vote is as follows: Ayes: Messers. Cline, Arth and Leggett Nays: None Chairman Weber declared the motion carried. VI. ADJOURNMENT The meeting adjourned at 10:00 P, M. APPROVED: ATTEST: Chairman Secretary fsm