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HomeMy WebLinkAbout1973-04-03 Regular Meeting Planning and Zoning Commission April 3, 1973 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 by Vice Chairman Carl Tyson. Other members present were Messrs. Herman Wallace, Ray Ozebek, and Robert Johnson. (Absent were Messrs. Jack Cline, Harry Arth, and Richard Leggett.) (Mr. Johnson arrived at 8:35 P. M. ) Also present was City Inspector Jack Bullard and City Secretary Vada Ferris. VISITORS Visitors in attendance were Messrs. Joe Cash, Josh Davis, Donald L. Brister, Ed Brister, W. T. Geer, B. W. Lankston, Bob Towel ] , Willie L. Pruit, Richard Vaughn, Troy M. Fuller, Luther Bernstein, Billie Heitman, W. K. Skipping, John R. Manser, Harry Hunsicker, Leon Hodges Jr. , and Rev. Roy Jester; Mesdms. Ed Brister, D. L. Brister, W. T. Geer, B. W. Lankston, Helen E. Bratcher, Ruby Pruit, Richard Vaughn, Monetta Owen, Peggy Cobler, Emily Smouse, Jess Shryack, and B. J. Stroupe. APPROVAL OF MINUTES Mr. Wallace moved to approve minutes of the regular meeting dated March 20, 1973 as written. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Messrs. Wallace, Ozebek and Tyson. Nays: None Vice Chairman Tyson declared the motion carried. PLAT APPROVAL, SAFEWAY STORES INCORPORATED TRACT 3, EULESS GARDENS NO. 2 Vice Chairman Tyson recognized Mr. Josh Davis, representing Safeway Stores Incorporated who is requesting Plat Approval of Tract 3, Euless Gardens No. 2 (property located on the Northeast corner of Ector Drive and Highway 183) . Vice Chairman Tyson read a letter from Mr. Bill Ratliff, City Engineer, dated March 30, 1973, as follows: (Page Two, Regular Meeting of the Planning and Zoning Commission, April 3, 1973) We have reviewed the information submitted for replat of part of Lot 14, Euless Gardens Addition, and we ihr furnish our comments as follows: 1 . No information is submitted regarding fire hydrant coverage for this tract, and we recommend that the Developer' s Engineers verify that a 300' coverage is available. 2. We would recommend that the two (2) existing driveway culverts on the East edge of this property and the proposed 30" storm drain be connected with an underground storm drain rather than the short distance left in open ditch, as shown. Mr. Davis stated that he is knowledgeable of the Engineer' s letter and agrees to the recommendations set forth in the City Engineer' s letter. Vice Chairman Tyson inquired if the property will be sold and Mr. Davis stated that it is under contract at this time. Mr. Ozebek moved to recommend approval of the plat as requested, subject to recommendations in the City Engineer' s letter. Mr. Wallace seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Wallace, and Tyson. Nays: None Vice Chairman Tyson declared the motion carried. II . PLAT APPROVAL - WESTPARK CENTRAL, REQUEST OF MR. HARRY B. HUNSICKER (PROPERTY LOCATED AT THE WEST CITY LIMITS ON SPUR 350.) Vice Chairman Tyson recognized Mr. Walter Elliott, representing Mr. Manser, the Developer, and Mr. Hunsicker, owner of the property. Vice Chairman Tyson read a letter from Mr. Bill Ratliff, City Engineer dated April 3, 1973, as follows: As requested by the City Staff, we have reviewed the final plans for West Park Central Addition, and we offer you our comments as follows: (Page Three, Regular Meeting Planning and Zoning Commission, April 3, 1973) 1 . We would like to work with the Developer' s Engineers on the configuration of the tir traffic islands in Tibbetts Drive. It appears that, in order to allow room for a protective lane turning into Tract 1 , the island width needs to be reduced to around four (4') feet. 2. Because of the amount of fill necessary in the approach to the bridge on Tibbetts Drive, the back slope on the South side of this street will necessarily spill onto the adjacent property owner. We would point out to the Developers that such encroachment should be covered by an agreement with that property owner and that obtaining that agreement is not within the purview of the City of Euless. Also, because of the depth of the embankment necessary, the placement of that embankment should be controlled density of 95% Proctor. 3. On the water plan the 24-inch line indicated should be specified as concrete cylinder so that it will be compatible with the line presently being planned by the City of Euless for major transmission of the City' s water supply. Mr. Elliott stated that he is knowledgeable of the City Engineer' s letter and that the Developer will comply with items one and three of the Engineer' s letter. However, contact has not been made with one of the property owners, so therefore, item two cannot be complied with entirely. Mr. Elliott stated that he will continue to attempt to get in touch with the property owner, however, if he is unsuccessful or if he is unable to work out an agreement with the property owner, it simply means that a small portion of the street cannot be built. He commented that this street is needed for the hospital and that it will be very vital for emergency vehicles in the future. (Mr. Robert Johnson arrived at this time.) Vice Chairman Tyson inquired about the lift station and the sewer line in this particular area, and Mr. Elliott commented that the City of Bedford installed a metering station and that the Developer will have to tie into this line but he is of the opinion that this matter can be worked out without any problem. He commented that the bridge will be constructed, provided the matter of placing the spoil dirt can be worked out with the property owners. L (Page Four, Regular Meeting Planning and Zoning Commission, April 3, 1973) Vice Chairman Tyson recognized Mr. Troy Fuller, member of the Hospital Board, who stated that perhaps the kir City will assist in acquiring the right-of-way necessary for the portion of the street; that it would be most advantageous to the hospital and the City. He stated that a through street is definitely needed in this area. Mr. Elliott commented that he will continue his negotiations in an effort to acquire the street right-of-way and if he is unsuccessful he will appeal to the City. However, he hopes to have this matter finalized before the next City Council Meeting on April 10, 1973. Mr. Ozebek moved to recommend approval of the plat of Westpark Central subject to the City Engineer's requirements and to the acquisition of the sewer easement on property directly south of the subject property. Mr. Johnson seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Johnson, Wallace, and Tyson. Nays: None Vice Chairman Tyson declared the motion carried. III . PLAT APPROVAL - 350 COMPLEX, REQUEST OF MR. MICKEY THATEN FOR APPROVAL OF PLAT OF LOT 3, TRACT D.- J. P. HALFORD ADDITION. (PROPERTY LOCATED WEST OF MCDONALDS ON SPUR 350.) Vice Chairman Tyson read a letter from Mr. Bill Ratliff as follows: As requested by the City Staff we have reviewed the plans for Lot 3, 350 Complex Addition, and furnish you with our comments as follows: 1 . According to your City Policies, utilities should be extended to the far side of the addition in question. This would indicate that the water and sewer lines behind Lot 3 should be carried to the West property line of Lot 3. 2. The existing and proposed water lines behind Lot 3 are shown to be constructed in a 15- foot easement. State Health Department requirements are that water and sewer lines should be separated by at least 10 feet. (Page Five, Regular Meeting Planning and Zoning Commission, April 3, 1973) It appears that such clearance can be maintained, but the Developer and Contractors involved should be aware of the small tolerance in the location of these lines. Mr. Elliott commented that the water and sewer lines have to be extended to this tract. Mr. Elliott stated that the Developer will grant a 20 foot easement instead of the 15 foot easement as presently shown. He advised that this property is being developed for the construction of a Long John Silver establishment and that the developer agrees to the requirements as set forth in the City Engineer's letter. Mr. Johnson moved to recommend approval of the plat (Lot 3) as requested subject to the City Engineer' s letter and the 20 foot easement platted instead of a 15 foot easement. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Messrs. Johnson, Ozebek, Wallace, and Tyson. Nays: None Vice Chairman Tyson declared the motion carried. IV. PLAT APPROVAL, REQUEST OF W. R. SKIPPING FOR APPROVAL OF PLAT OF TRACT 3A, CRIPPLE CREEK ADDITION. (PROPERTY LOCATED ON NORTH SIDE OF TEXAS POWER AND LIGHT COMPANY OFFICE ON ECTOR DRIVE) . Vice Chairman Tyson recognized Mr. Elliott, representing Mr. W. R. Skipping. Vice Chairman Tyson read City Engineer' s letter dated April 3, 1973, as follows: We have reviewed the filing plat and construction plans for Tract 3A Cripple Creek Addition as requested by the City Staff. In our opinion these plans conform to the City Policies, and we recommend them for your approval . Mr. Johnson moved to recommend approval of the plat as presented. Mr. Wallace seconded the motion and the vote is as follows: Ayes: Messrs. Johnson, Wallace, Ozebek, and Tyson. Nays: None Vice Chairman Tyson declared the motion carried. (Page Six, Regular Meeting Planning and Zoning Commission, April 3, 1973) V. try PUBLIC HEARING - ZONING CASE NO. 229, REQUEST OF RICHARD AND MONETTA OWEN FOR CHANGE OF ZONING FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "R-2" TWO-FAMILY ZONING WITH A SPECIFIC USE PERMIT TO OPERATE A CHILD DEVELOPMENT CENTER. (PROPERTY LOCATED ON WEST SIDE OF FIELD-DOSS ROAD, 428 FEET SOUTH OF GLADE ROAD. ) Vice Chairman Tyson opened the Public Hearing of Zoning Case No. 229 and recognized Mr. Richard Vaughn, who stated he i5: negotiating the sale of this property. Replying to a question from a member of the Commission, he stated that the State Health Department establishes the number of children to be housed in an establishment of this nature based on the number of square feet on the ground level . He stated that he will estimate that there will be twenty five or thirty children. He stated that it is serviced by a 1000 ft. well and a septic tank. Also, that he understands that the Tarrant County Health Department has approved this project. City Inspector Jack Bullard stated that his office and the City Fire Marshal have not been advised by the Tarrant County Health Department that an inspection is necessary and therefore he considers that probably the Tarrant County Health Department has not approved this proj ect. Mrs. Smouse, a resident on Glade Road asked about fire protection for the children in the area. Mrs. Shryack inquired about the age of the children to be housed. Mr. Vaughn stated that the children will be from five to eleven years of age. Mrs. Shryak stated that a Child Development Center encompasses many things and she is of the opinion that there are several matters that need to be clarified. Vice Chairman Tyson inquired if there were opponents or proponents in the audience and recognized Mrs. B. J. Stroup who stated that she understands that only one acre is being sold to house this project and it is to be enclosed by a chain link fence. Mr. Vaughn stated that the project will occupy one acre of land and the fence is to be placed on the back of the acre. Mrs. Stroup stated that she has lived in this area for several years and that it has neither water or sewer or fire services. She stated that recently she was without water for several days because she could not get anyone to service the pump on her well , and it seems to be a matter of concern where there might be thirty children (Page Seven, Regular Meeting Planning and Zoning Commission April 3, 1973) involved. She stated that it is difficult to have septic tank service and also this property is on a z mile dead end street--that she is of the opinion that all of these would be problems for a project of this nature. �r Vice Chairman Tyson inquired if there were other proponents or opponents. There being none, he declared the public hearing closed. Mr. Johnson moved that the Board recommend denial of this zoning request and Special Use permit because of lack of information - ie. specific number of children, State requirements, water, sewer, and fire protection needs. Mr. Wallace seconded the motion, and the vote is as follows: Ayes: Messrs. Johnson, Wallace, Ozebek, and Tyson Nays: None Vice Chairman Tyson declared the motion carried. Mr. Vaughn was advised that if the applicant wishes to withdraw the rezoning request, a letter may be presented within twenty four hours to the City Secretary, and 2 of the rezoning fee will be refunded. However, if the case is to be continued, it will be presented to the City Council at the next meeting on April 10, 1973, to set a Public Hearing date by the City Council . VI . PUBLIC HEARING - ZONING CASE NO. 230 REQUEST OF-LUTHER J. BERNSTEIN FOR CHANGE OF ZONING FROM "C-1" NEIGHBORHOOD BUSINESS DISTRICT TO "C-2" COMMUNITY BUSINESS DISTRICT WITH A SPECIFIC USE PERMIT FOR A ROLLER SKATING RINK. (PROPERTY LOCATED ON SOUTH MAIN STREET ADJACENT TO THE SOUTH SIDE OF SPRING VALLEY APARTMENT COMPLEX. ) Vice Chairman Tyson recognized Mr. Troy Fuller who stated that Mr. Luther Bernstein contacted his firm in an effort to locate land for a roller skating rink. Mr. Fuller stated that he was concerned of this request due to past experiences of roller skating rinks, one in particular in the City of Euless. However, he stated that he and his ten year old daughter and Mr. Buddy Ragley, President of the First National Bank and a member of his family had visited a roller skating rink in Duncanville owned and operated by Mr. Bernstein. He stated that this visitation occurred on a Saturday morning and that he was most impressed with this facility. He stated that it was almost entirely soundproof, utterly modern, and that smoking is not permitted. He stated that the average age of children on this particular day was six to fourteen years of age, that the facility is air conditioned, carpeted and that in his opinion a facility of this type would be an asset (Page Eight, Regular Meeting Planning and Zoning Commission April 3, 1973) to the City of Euless. It would provide a wholesome place of entertainment for the children of this area. He stated that outside the roller rink from a distance of 10 feet there was almost no noise. Mr. Fuller stated �Mrr that he would not be opposed to his daughter visiting a roller rink managed in the manner as the one he visited in Duncanville. Mr. Luther Bernstein was recognized and stated that he has built several roller rinks and has one under construction now. He proceeded to brief the Commission on the operating of the roller rink, stating there is special lighting with a lower skating area which controls the noise of the skates. He stated that some of the walls are carpeted and there is a separate game area and concession area. There is music)fast and slow spaced periodically to control the excitement. He commented that on Friday and Saturday nights the establishment has an off duty officer and that if children are found loitering outside they are asked to come in and join their friends or to leave. There is a floor guard who skates around the rink, and a floor manager who is in an elevated position to see any problem areas. Mr. Roy Jester, representing the Central Baptist Church, inquired about the hours the skating rink will be in operation and also about the outside lighting. Mr. Bernstein commented that the skating rink opens at 7:30 P. M. in the evening and that except on Friday and Saturday nights,the rink closes at 9:30 P. M. He stated that there will be six 175 watt lights installed which automatically light at dusk and that these will be placed as recommended by the Texas Power and Light Company. Mr. Ed Brister stated that he lives near the proposed roller rink and inquired about the control of the traffic on South Main. Mr. Bernstein stated that he does not see that this is a problem; that many of the children not old enough to drive will be brought to the rink by their parents. Mr. Bernstein intro- duced a letter which was read by Vice Chairman Tyson from a minister in the City of Garland, who with children of his church had visited the roller rink. He stated that he was very pleased with the roller rink in the City of Garland and the operation was handled most admirably. A citizen inquired about the access to the property. He stated that presently there is a problem on South Main and that it is difficult at times to get in and out of your driveway and he is concerned that a roller skating rink would increase the traffic and create a more difficult situation. Mr. Willie Pruitt stated he owns the property just east of the roller skating rink. He expressed concern about the traffic on Pipeline Road. (Page Nine, Regular Meeting Planning and Zoning Commission April 3, 1973) City Inspector Jack Bullard stated that the City of Fort Worth Police Department would be responsible for the traffic on Pipeline Road. Vice Chairman Tyson inquired if there were other opponents or proponents in this zoning case, and recognized Mr. Roy Jester, Minister of Central Baptist Church. He stated that he is opposed to the skating rink in this particular location. He expressed concern about the outside lighting and the proximity of the city limits as well as the traffic situation. Also that if there was not enough parking space at the roller rink, probably, the parking lot of the Church across the street would be used--and, if smoking is not permitted at the roller rink facility, the church grounds might be used for that purpose. He stated that he feels all of these things would be detrimental . Mr. Bob Towell stated that he is opposed to the roller rink for the same reasons specified by Mr. Jester, although his church property is located several blocks away. He stated that he feels the roller rink would create a noise and traffic problem. A citizen stated that he is opposed for the same reasons as specified by the ministers. Mrs. Helen Brister stated that she is opposed to the skating rink because of the possibility of inadequate lighting and that Pipeline Road is not wide enough for parking and she is concerned about the noise. Mr. Hodges stated that he represents the owner of the Spring Valley Apartments, a $2 million investment, and that he has studied this project and visited the Duncanville skating rink. He stated that, in his opinion, this will be an asset to the City of Euless. Vice Chairman Tyson inquired if there were other proponents or opponents. There being none, he declared the public hearing closed. Mr. Ozebek moved to recommend approval of the rezoning and specific use permit, as requested. Mr. Johnson seconded the motion and the vote is as follows Ayes: Messrs. Ozebek, Johnson, Wallace, and Tyson. Nays: None Vice Chairman Tyson declared the motion carried. L (Page Ten, Regular Meeting, Planning and Zoning Commission April 3, 1973) ADJOURNMENT ,,. The meeting adjourned at 10:05 P. M. APPROVED: Chairman VF/bc L