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HomeMy WebLinkAbout1970-12-15 Minutes Regular Meeting Planning and Zoning Commission December 15, 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 Vice Chairman Jack Cline presiding. Members present are listed, as follows : Messrs. Cline, Harry Arth, Richard Leggett and Glenn Walker. (Absent were Messrs. E. E. Keplinger, Bill Tench and Leonard Weber.) Also present were City Inspector Jack Bullard and Recording Secretary Florence Murr. VISITORS Visitors in attendance are listed as follows: Mesdms. Lloyd Bolton, R. J. Clark, Jr. and Albert Tillery, Messrs. Tom Grizzelle, Wayne Priest, Gordon S. Swift, Frank Crumley, Steve Elliott, G. L. Anders, W. B. Croslin, Ed Whitacre, Morton Rachofsky, Joel Pitts, Andrew Himes, Raymond Himes, 0. D. McMullin, Troy M. Fuller and Jack Hauger. APPROVAL OF MINUTES Mr. Leggett moved to approve minutes of the regular meeting of the Planning and Zoning Commission dated December 1 , 1970, as written. Mr. Arth seconded the motion, and the vote is as follows: Ayes : Messrs. Leggett, Arth, Walker and Cline Nays : None Vice Chairman Cline declared the motion carried. II . CONSIDERATION OF REQUEST FOR EXTENSION OF TIME APPLIED TO CONDITIONS SUBSEQUENT INCORPORATED IN ORDINANCE NO. 333 (ZONING CASE 175) ,MAYFLOWER INVESTMENT COMPANY (PROPERTY LOCATED AT NORTHWEST CORNER OF NORTH MAIN STREET AND HARWOOD ROAD) Vice Chairman Cline recognized Mr. Steve Elliott, who stated that he represents Mayflower Investment Company in their request for an extension of time applied to the conditions subsequent in- corporated in Ordinance No. 333. (Page Two, Minutes of Regular Meeting, Planning and Zoning Commission, December 15, 1970) Mr. Elliott located the property in question on the City's Official Zoning Map and advised that it consists of approximately nine (9) acres, which is zoned "R-3" Multiple Family Dwelling District and nineteen (19) acres, which is zoned "C-1" Neighbor- hood Business District. Mr. Elliott advised that this zoning was granted in April , 1968, with conditions subsequent stipulating a specific time for development of the property. Mr. Elliott stated that his firm re- quests an extension of time for a few months to allow them to finalize development plans -- that they had determined they were premature in their request for rezoning and have not finalized their development plans. In reply to a question, Mr. Elliott stated that his firm proposes construction of apartments on the portion which is zoned "R-3", and a strip shopping center for that which is zoned "C-1". Mr. Elliott estimated that an extension of six (6) to eight (8) months would be adequate time for finalization of the plans. Mr. Arth stated that he would prefer recommendation of a one year extension, to ascertain adequate time for submission of plans. Mr. Elliott stated that he would prefer an extension of one year. Mr. Leggett moved to recommend that the City Council approve the request of Mayflower Investment Company and grant a one year extension of time, from this date, for conditions subsequent incorporated in Ordinance No. 333. Mr. Walker seconded the motion, and the vote is as follows : Ayes : Messrs. Leggett, Walker and Arth Nays: None Vice Chairman Cline declared the motion carried. III . RESOLUTION CALLING A PUBLIC HEARING ON ZONING CASE NO. 208, REQUEST OF MR. GEORGE T. CONNELL, JR. FOR REZONING 30.040 ACRES IN THE T. JASPER SURVEY, A-861 , FROM "R-1" TO "C-2" AND "R-4". Mr. Leggett moved to approve Resolution (Page Three, Minutes of Regular Meeting, Planning and Zoning Commission, December 15, 1970) No. 171 , setting January 5, 1971 , as the date for Public Hearing on the request of Mr. George T. Connell , Jr. for rezoning 30.040 acres situated in the T. Jasper Survey, Abstract 861 , from "R-1" Single Family Dwelling District to "C-2" Community Business District and "R-4" Multiple Family Dwelling District. (Property located 155 feet West of Wilshire Drive, adjacent to Spur 350) Mr. Arth seconded the motion, and the vote is as follows : Ayes : Messrs. Leggett, Arth and Walker Nays : None Vice Chairman Cline declared the motion carried. IV. PUBLIC HEARING: REQUEST OF MR. FRANK E. CRUMLEY FOR REZONING 38 ACRES IN J . MATSON SURVEY, FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "PD" PLANNED DEVELOPMENT DISTRICT (LOCATED WEST OF TIMBERLINE ESTATES TO WEST CITY LIMITS, AND ABUTTING WESTPARK WAY) Vice Chairman Cline opened the Public Hearing on Zoning Case No. 206, to consider the request of Mr. Frank E. Crumley for rezoning 38 acres situated in the J. Matson Survey, from "R-1" Single Family Dwelling District to "PD" Planned Development District, and recognized Mr. Frank E. Crumley, who introduced Mr. Gordon Swift, his representative. Mr. Swift presented slides, depicting the property in question, in relation to its surroundings, pointing out streets and location of other streets proposed by the Cities of Bedford and Euless. Mr. Swift called attention to the Sears Shopping Center Site located in the City of Bedford. Mr. Swift advised that the Sears Center will contain 1 ,400,000 square feet of floor space, which will be available for retail and commercial activity. Mr. Swift stated that he cannot over emphasize the impact this large facility will have on this area. Mr. Swift advised that much study has been given to the highest and best use of the property in question. He discussed, at length,West Euless Park Site and recent discussions with the City of Euless concerning an exchange of properties which would re-locate the Park Site and make the present West Euless Park Site available for more desirable develop- ment. (Page Four, Minutes of Regular Meeting, Planning and Zoning Commission, December 15, 1970) Mr. Swift presented a colored drawing of the property in question -- a schematic concept of how the property can be developed. Mr. Swift advised that their study revealed that there is an ex- tensive amount of industrial area to the north and to the south and, in their opinion, there is a need for people to be placed in residential areas. He commented that the property in question is rough, rolling and has trees, and is accessible to major thoroughfares and arteries, although it is not immediately adjacent to them, and he considers Planned Development to be the proper zoning for it. Mr. Swift advised that single-family developments have seemed to decline in the last year or two -- that a Planned Development would be more beneficial to the City from the tax standpoint -- that less water and sewer maintenance, construction and operation would be required, and street improvements and drainage improvements would be provided at no expense to the City, and the maintenance responsibility would also lie with the property owner. Mr. Swift stated that Planned Development Zoning is being requested, which will give the City of Euless authority to approve and supervise the development. In reply to a question from Vice Chairman Cline, Mr. Swift stated that they propose to construct an apartment and Commercial development through Planned Development. Mr. Arth asked Mr. Swift if they have a development which is planned. Mr. Swift replied that they do not have a set of building plans, as such--that it would be necessary to obtain municipal approval before they would go into architectural design. Mr. Leggett stated that, as he understands it, the petitioner has no idea what he will construct at some later date. Mr. Swift replied that he, personally, does not have a client who will submit a building permit request tomorrow. Mr. Arth stated that it will be necessary to have these plans prepared before approval of a Planned Development can be granted. Mr. Swift stated that they have counseled with the Municipal Staff, and it has been their impression that this is the step they should take. Mr. Earnest Spivey stated that he lives on Pipeline Road, across from the Southern part of the tract in question, which is colored blue on the colored drawing, and would like to know what is proposed for that area. Mr. Swift advised that this area is for a small commercial center. ihr (Page Five, Minutes of Regular Meeting, Planning and Zoning Commission, December 15, 1970) Vice Chairman Cline explained the City's commercial zoning classifications, stating that this would no doubt be a service type commercial business. Mr. Tom Grizzelle, whose residence is located inside the City of Bedford, advised that he is not exactly opposed to this zoning request, but he owns the property located West of the proper- ty in question and he has not dedicated any right-of-way for the street shown on the West side of it. Mr. Grizzelle stated that he has not been approached concerning dedication of right-of-way, and he would prefer that the proposed street be re-routed because the street (as shown on the plan) would come right through the middle of his house. Mr. Crumley stated that he and his associates will cooperate with Mr. Grizzelle to the fullest. Mr. Grizzelle advised that he has a pond located on his property and expressed concern that children living in the proposed apartment development might create a nuisance. Mr. Grizzelle stated that he wants to cooperate with everybody. Mr. 0. D. McMullin advised that he lives East of the property in question and inquired further concerning the exchange of properties involving the West Euless Park Site. Mr. Bullard advised that the City has tabled the matter of a land swap for the present time -- that the owners of the proposed site (located East of Westpark Way) have put a price on it, but the City has not answered at this time. Mr. McMullin advised that the City should think about it a long time before making a decision to swap, as he considers the present park site to be far more valuable than the site which is proposed. Mr. Crumley stated that he sold the present park site to the City at $2,000.00 an acre because it would be a park and an asset to his other property -- that he never asked the land planner to trade anything to the City of Euless, but the land planner observed it and came and asked him (Mr. Crumley) if he would cooperate. Mr. Crumley advised that he will swap if they want to, but all he is asking is that 38.8 acres be rezoned so that a prospect can be told that he can develop if he has the right kind of a plan. Mr. Spivey stated that, at the present time Pipeline Road and Marlene are the only to accesses to this property, and there is a dangerous intersection at Westpark Way and Pipeline -- that he is of the opinion signal lights must be installed if this property is developed as the result of the increase in traffic. Mrs. R. J. Clark, who resides on Westpark Way, stated that she would like to know what type apartments are planned for (Page Six, Minutes of Regular Meeting, Planning and Zoning Commission, December 15, 1970) for the proposed development -- will they be nice or low class? Mr. Crumley stated that he hopes they will never be low -- that he and his associates are asking for approval of a Planned Development, which means everything must be approved by the City. Vice Chairman Cline commented that the City makes an effort to determine whether or not they are going to be good before a development is started. Mrs. Lloyd Bolton, who resides at Pipe- line and Westpark Way, expressed concern with the appearance of the heavy equipment business located in the vicinity of her property. Mr. Bullard explained that the property on which that business is located was zoned "C" Commercial under the old zoning ordinance and that this was the lowest designation the City had at that time. Mr. Bullard stated that the present zoning ordinance includes more zoning classifications, some of which are Neighborhood Business, Com- munity Business, Light Industrial and Heavy Industrial -- that this particu- lar business would not have been permitted had the new zoning ordinance been in effect at that time. Mr. Bullard commented that the commercial area in- cluded in the proposed Planned Development would accommodate service stations and retail sales. Mr. Spivey stated that the property in question is directly across the street from residential property, and he would recommend that the property owners be given another notice of hearing before a business is approved for this location. Mr. Arth stated that he is also concerned about what is going in at this location, and this is what proposed his ques- tion about a plan without a plan. Mr. Arth read, from the City Zoning Ordinance No. 347, as follows : "7-1107 Development Plan Required An application for a Planned Development District shall include and be accompanied by a development plan which shall become a part of the amending ordinance and shall be referenced on the Zoning District Map. Changes in the development plan shall be considered the same as changes in the Zoning District Map and shall be processed as required in SECTION 3; ex- cept that, changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor-area ratio, height or coverage of the site, or which do not decrease the off-street parking ratio, or reduce the yards provided at the boundary of the site, as indicated on the approved development plan, may be authorized by the Building Inspector. Any appli- cant may appeal the decision of the Building Inspector to the City Planning and Zoning Commission for review and decision as to whether an amendment to the Planned Development District ordinance shall be required." (Page Seven, Minutes of Regular Meeting, Planning and Zoning Commission, December 15, 1970) Mr. Arth stated that the Zoning Ordinance contains a long list of items which the development plan must include, and none of these have been presented tonight. Therefore, he would make the motion that the request for zoning in Zoning Case 206 be denied or tabled until such time as re- quired development plan is provided. (This motion was ruled out of order, as the Public Hearing had not been closed.) Mr. Swift stated that their original application was conceived on multi-family, and it was suggested that they go to Planned Development -- that they would be happy to take multi-family; however, the Planned Development can be controlled by the City, and multi- family is much more flexible. Mr. Swift commented that, in his opinion, if this property were developed under its present zoning classification, in time to come it would go through a state of transition. Mr. Crumley stated that the City's Master Plan sets out specific areas as commercial , industrial , etc. , but there are no building plans. Mr. Arth stated that the Master Plan is merely a plan -- that requests for zoning indicated on the Master Plan have been denied by the City. Mr. Crumley stated that he would accept multi-family zoning. Mr. Spivey stated that he is opposed to multi-family zoning for this area. Chairman Cline declared the Public Hearing closed. Mr. Arth stated that the City of Euless has several apartment zoning classifications, and if Mr. Crumley is prepared to re-submit a plan, he may do so. Mr. Bullard explained that amendments to the City's Zoning Ordinance, pertaining to apartment requirements, were approved recently, and in his opinion, it would be wise for Mr. Crumley and his repre- sentative, Mr. Swift, to study those amendments, in order to get a clear picture of what they are requesting. Mr. Swift stated that he, personally, would prefer Planned Development Zoning, if possible, but if it is not possible, he would request a continuation of the hearing, to give them an opportunity to get with Mr. Bullard and study the changes which have been made concerning apart- ments. (Page Eight, Minutes of Regular Meeting, Planning and Zoning Commission, December 15, 1970) Mr. Bullard stated that, according to the Zoning Ordinance, Planned Development Zoning cannot be granted without a plan. Vice Chairman Cline stated that, in view of the fact that additional comments and information are required concerning Zoning Case No. 206, the Public Hearing would be re-opened at this time (9:30 P.M.) . Replying to a question from Mr. Arth, Mr. Swift stated that they have requested Planned Development Zoning--that some opinions have been voiced that it could be granted; however, the Planning and Zoning Commission members have questioned that it could -- that approval of Planned Development was requested if the Commission feels it could be done, and if the Commission does not feel it can grant it, he requests that the hearing be postponed, or tabled, in order to give interested parties an op- portunity to study the amendments to the Zoning Ordinance. Mr. Arth moved to table or recess the Public Hearing on Zoning Case No. 206, to re-convene at the next regular meeting of the Planning and Zoning Commission on January 5, 1971 , at 8:00 P.M. Mr. Leggett seconded the motion, and the vote is as follows : Ayes : Messrs. Arth, Leggett and Walker Nays : None Vice Chairman Cline declared the motion carried. Mr. Bullard asked that all interested citizens present make a note of the date and time for continuance of this Public Hearing, stating that property owners will not be re-notified. V. PUBLIC HEARING: ZONING CASE NO. 207, REQUEST OF MESSRS. W.B. AND JAMES L. CROSLIN FOR REZONING PART OF TRACT C, MUNICIPAL SERVICE COMPANY OF TEXAS SUB- DIVISION, FROM "C-1" NEIGHBORHOOD BUSINESS DISTRICT TO "C-2" COMMUNITY BUSINESS DISTRICT, WITH SPECIFIC USE PERMIT (NORTHEAST CORNER OF RIMES AND FULLER DRIVE) Vice Chairman Cline opened the Public Hearing, to consider the request of Messrs. W. B. and James L. Croslin for rezoning part of Tract C, Municipal Service Company of Texas Subdivision, from "C-1" Neighborhood Business District to "C-2" Community Business District, with a Specific Use Permit to allow a metal structure for covered parking. (Page Nine, Minutes of Regular Meeting, Planning and Zoning Commission, December 15, 1970) Vice Chairman Cline recognized Mr. W. B. Croslin, who, with the assistance of Mr. Morton Rachofsky, presented a drawing depicting the ,layout:of;:a facility proposed by Southwestern Bell Telephone Company for the subject property. Mr. Croslin advised that he is the Contractor. Mr. Croslin explained that "C-2" zoning is required for this facility because of underground gasoline storage tanks which are proposed -- that a Specific Use Permit is required for the metal covered parking area which is proposed -- that the telephone company ordinar- ily uses metal buildings, and they (Southwestern Bell) suggested that an eight (8) foot high concrete wall be erected around the facility. Mr. Croslin advised that the wall will be constructed of a patented material , which looks like long brick but is poured like concrete -- that one name for the product is Zinco. Mr. Croslin advised that Southwestern Bell proposes to store their vehicles and some reels which have wire on them behind their building, but the wall will be constructed around all sides -- only employees ' parking area will be outside the wall . Mr. Bullard advised that the original re- quest for a Specific Use Permit was to allow a metal structure for covered parking, and if outside storage is proposed, the Specific Use Permit must be extended to include that also. Mr. Croslin stated that he was not aware of a restriction on outside storage and would like to include that in his request at this time. Mr. Lucius Anders, who resides at 124 Fuller, inquired concerning the number of vehicles Southwestern Bell plans to have at this facility, expressing concern that they would create a nuisance and hazard in the vicinity of his home. Mr. Croslin stated that the plan is for forty (40) trucks; however, in his opinion, they would probably not be going down West Fuller -- that the Company has certain safety rules and normally, they try to turn right -- that there will be some truck traffic all right but he doesn't think forty (40) trucks will be going up and down West Fuller. In reply to a question concerning the height of the proposed structure, Mr. Croslin advised that it will be approxi- mately nine (9) feet in the middle. Mr. Jack Hauger, 213 West Fuller, stated that he can't be convinced that the trucks won't come out on the access road -- that he lives at the corner of Byers and Fuller and is opposed to this zoning request. Mr. Croslin commented that Southwestern Bell employees are trained in safety precautions and, in his opinion, their presence will not create a traffic hazard. (Page Ten, Minutes of Regular Meeting, Planning and Zoning Commission, December 15, 1970) Mr. Raymond Mimes stated that he owns the property which joins the subject property, and he is opposed to the fence. Mr. Croslin advised that a fence of some kind will have to be erected to comply with the Zoning Ordinance, as screening is required between commercial and residential property. In reply to a question, Mr. Bullard ad- vised that the Ordinance requires a minimum of six (6) foot screening. Mr. Croslin stated that they will be glad to reduce the height of the wall from eight (8) feet to six (6) feet. Mr. Hauger expressed concern about the safety of children in the area, stating that most of the houses around there have lots of children. Mr. Croslin advised that normally, the trucks are out from 8:00 A.M. to 5:00 P.M. Mr. Troy Fuller stated that he does not live in the area but does own property there, and he is not opposed to this zoning request, as long as the fence is made mandatory -- that there are lots of houses, lots of kids, and there is already lots of traffic along Spur 350 in the vicinity of the Junior High School. Mr. Fuller said he would like to be assured that the fence is mandatory. Mr. Hauger asked if Southwestern Bell has similar facilities in a residential area. Messrs. Croslin and Rachofsky replied af- firmatively -- that they do have in the City of Dallas. Mr. Arth asked Mr. Croslin if he would guarantee off-street parking of all vehicles. Mr. Croslin advised that he is of the opinion parking spaces furnished are adequate. Mr. Raymond Himes asked if Byers Drive will have to be opened. Mr. Bullard advised that the Developers will be required to open Byers Drive only at their property. Mr. Leggett inquired if the proposed fence or wall will obstruct the view of drivers of vehicles. Mr. Croslin replied negatively, stating that the wall will be constructed on the building line. (Page Eleven, Minutes of Regular Meeting, Planning and Zoning Commission, December 15, 1970) Vice Chairman Cline asked if there were others who desired to speak concerning this zoning request. There being none, the Public Hearing was closed. Mr. Leggett moved to recommend approval of the rezoning of a part of Tract C, Municipal Service Company of Texas Subdivision, from "C-1" Neighborhood Business District to "C-2" Community Business District, with a Specific Use Permit to allow construction of a metal covered parking area and allow outside storage of equipment, providing an eight (8) foot masonry screening wall is provided, as indicated on the plans. Mr. Arth seconded the motion, and the vote is as follows : Ayes: Messrs. Leggett, Arth and Walker Nays : None Vice Chairman Cline declared the motion carried. VI . ADJOURNMENT The meeting was adjourned at 9:55 P. M. APPROVED: ATTEST: Chairman Secretary fsm ( .,.