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HomeMy WebLinkAbout1976-02-03 Regular Meeting �./ Planning and Zoning Commission February 3, 1976 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 by Chairman Pippin. Other members present were Messrs. Dick Wells, Troy Fuller, Carl Maas, Robert Johnson, Carl Tyson, and Mrs. Helen Lightbody. Also present were Director of Planning and Development, Lynn Shackelford and Recording Secretary, Becky Gunter. VISITORS Visitors in attendance were as follows: Messrs. Jack Bullard, Glenn Walker, Jim Nickerson, Harold Samuels, W.M. Sustaire, William McKee, Robert Erxleben, Brantley Jones, Pete Stone, Allen Mathews, Bill Thompson, Warner Muirhead, E.D. Kuykendall , William F. Davidson, Gordon Boyd, David Eccleston, Ralph Conner, Doyle Frazier, William Hancock, and Mesdms. Jimmie Jones, Thelma Mathews, Kathryn Muirhead, Violet Davidson, Barbara Winsett, Catherine Boyd, Frances Conner, Charlotte Frazier, Palalu Hancock, and Willie Mae McCormick. INVOCATION The invocation was given by Mr. Robert Johnson. APPROVAL OF MINUTES Mr. Wells made a motion to approve the minutes of the regular meeting dated January 20, 1976, as written. Mr. Fuller seconded the motion and the vote is as follows: Ayes: Messrs. Wells, Fuller, Maas, Johnson, Pippin, Tyson, and Mrs. Lightbody. Nays: None Chairman Pippin declared the motion carried. (Page Two, Regular Meeting, Planning & Zoning Commission, February 3, 1976) PUBLIC HEARING - ZONING CASE //249 REQUEST OF THE CITY OF EULESS FOR _._. CHANGE OF ZONING FROM "R-1" SINGLE FAMILY RESIDENTIAL TO " I -1" LIGHT INDUSTRIAL WITH SPECIFIC USE FOR ANIMAL SHELTER AND SERVICE CENTER ON TRACT C, OAKWOOD TERRACE WEST ADDITION. (PROPERTY LOCATED WEST OF MILLS DRIVE, EAST OF BURGUNDY SQUARE APARTMENTS , AND SOUTH OF HIGHWAY 183 APPROXIMATELY 300 FEET.) Chairman Pippin outlined the rules for a public hearing. Proponents will be heard first, then opponents, and then the floor will be opened for discussion. Questions should be directed through the chairman. Chairman Pippin now called for the proponents. Mr. Jack Bullard stated he is the Director of Public Works and also a citizen of the City of Euless and is representing the City of Euless asking favorable consideration for the change of zoning. Mr. Bullard stated the property was not selected by any member of the City Council or the Planning & Zoning Commission. The property does not now belong to the City but there is a purchase contract on the property subject to zoning. The City's use of the property will depend largely upon the citizens attending this public hearing, and will therefore be a fare hearing. Mr. Bullard stated he has a sales contract that shows that the property is not at this time owned by the City of Euless that he will show to the citizens. Mr. Bullard stated he is aware of the Planning & Zoning Commission' s feelings on spot zoning and he is in agree- ment with them. However, this is a request of the City and not a private citizen or corporation that is out to make a profit. He therefore requests favorable consideration of this zoning case and its' benefits to the City and the conserned citizens who own property in the area. Mr. Bullard stated that it is necessary for the City of Euless to have an animal shelter and service center and he was requested to locate a piece of property for the site, the cost not to exceed $4,000,00 per acre. He stated that at this price, good readily developed land would not be possible to obtain. Therefore, land with problems such as drainage would have to be used. After checking City survey maps, this piece of property was located. He then talked to the property owner who stated he was asking $15,000.00 for the four acres. Mr. Bullard then presented the information to the City Manager, Mr. W.M. Sustaire who was not satisfied with the price. Mr. Sustaire then contacted the property owner and they agreed on a price of $10,500.00 for the four acres. 1 • (Page Three, Regular Meeting, Planning & Zoning Commission, February 3, 1976) After the price was decided upon, the advantages of this property to the City were outlined. This would not only provide the site needed for the animal shelter and service center, but would also provide a clean open area which the City needs. The advantages to the property owners include the correcting of the drainage problem behind thier property, cleaning up the property which is now an eyesore to the neighborhood, and provide a clean open area maintained by the City. With the sales contract and these advantages in mind, it was decided to request the zoning change. The zoning of Light Industrial with a specific use permit was chosen because this is the zoning required by the City Ordinance for an animal shelter. Mr. Bullard stated he is requesting Light Industrial zoning with a specific use permit on 4.096 acres of land located in the E. Rogers Survey and the Oakwood Terrace West Addition to the City of Euless for the purpose of constructing an animal shelter and service center. Of the 4.096 acres of land, .57 acres is to be developed and 3.52 acres will be a green area. If constructed, the service center will service about 25 vehicles in a 24 hour period. Most of these will be police vehicles serviced at the end of each shift, averaging four vehicles per shift. The shifts end at 6:30 a.m. , 2:30 p.m. and 10:30 p.m. The other vehicles will be Parks Department and Administration vehicles. There will be no heavy equipment, car storage, or body work on wrecked vehicles at the service center. City vehicles are insured and will be repaired elsewhere. There will be only minor maintenance done at the service center, such as changing the oil and other daily and weekly maintenance. There will be no major overhauls done at the service center. Mr. Bullard pointed out the diagram of the animal shelter and service center situated on the property as it will appear if built. However, the buildings can be moved if desired. The 43.5 foot easement on the East side of the property belongs to Sinclair Pipeline Company and cannot be built on so the closest the buildings could be is 43 feet behind the lots. The buildings are situated as they are as this would be the shortest distance of travel from the street. All large trees will be saved and the underbrush removed. The drainage at present is as shown on the plat but will be moved as indicated on the diagram. The dirt that is taken out will be used to fill in other areas. The reason the City is requesting the zoning change on all of the property is to let more of the property owners in the area know what is planned. Mr. Bullard stated metal buildings will be used as shown in the drawings with a screening wall enclosing them. The buildings will be able to be seen only if you come around the fence. All service will be done inside the buildings and the doors will be closed at all times. Parking will be in front of the animal shelter. Chairman Pippin asked of what material the screening wall will be. Mr. Bullard stated it will be metal like the buildings. iiw (Page Four, Regular Meeting, Planning & Zoning Commission, February 3, 1976) Mr. Wells asked where the location of the screening wall will be. Mr. Bullard outlined the location on the diagram. Mr. Fuller inquired about the noise control in the animal shelter. Mr. Bullard stated the building will be insulated and have heating and air conditioning. He also stated a high pressure cleaning system will be used to clean the building. Chairman Pippin asked what the material will be of the inside walls. Mr. Shackelford stated there will be a double metal wall with six inches of insulation. Mr. Fuller asked what the price will be to move the drainage ditch. Mr. Bullard stated the cost will be $25,000.00. He further stated that the property already has water and sewer service so there will not be the added cost to install the utilities. Chairman Pippin asked if the $25,000.00 includes cutting and filling or just to take care of the drainage ditch. Mr. Shackelford stated the total cost for filling and triming will be $38,000.00. Mr. Fuller stated the cost will average $2.00 per square foot of useable space. Mr. Bullard stated there is more useable space than just what the animal shelter and service center will be located • on, so the $2.00 average is incorrect. Mr. Wells asked what the height is of the buildings. Mr. Shackelford stated they will be 16 feet. Mr. Tyson asked the height of the screening wall . Mr. Shackelford stated the screening wall will be about seven or eight feet high. Mr. Wells asked if the citizens will have acces to the property not being used for the animal shelter and service center. Mr. Bullard stated they will have complete acces. The buildings will have a fence around them with a burglar alarm installed. (Page Five, Regular Meeting, Planning & Zoning Commission, February 3, 1976) Mr. Johnson asked if the animal shelter and service center will be enlarged if there is a demand for more space in the future. iht Mr. Bullard stated the plans at this time show room for enlargement and if in the future there is a greater need, the facilities could be extended again. However, any additions should be done by another public hearing. Mr. Johnson asked if it would be necessary to have another public hearing to enlarge the facilities. Mr. Bullard stated it would not be a necessity but would let the property owners know what was happening. Mr. Wells asked if there is at this time a drainage problem on the property. Mr. Bullard stated there is. Mr. Wells asked if after a heavy rain there is a lot of water left standing. Mr. Bullard stated there is. Mr. Fuller asked what the possibility would be of making an entrance to the North and leaving the drainage ditch as is. Mr. Bullard stated this possibility had been discussed but was not pursued due to funds. If this route was taken, it would be necessary to obtain an additional ten feet of easement from the property owners to the North. Mr. Bullard stated that it is their intention to get access from another direction for an additional entrance. He further stated that the location of the buildings and creek as shown on the diagram can be changed if desired. Mr. Fuller stated the location of the buildings and creek on the property are pertinent to the zoning. Mr. Bullard stated if the citizens agree to the animal shelter and service center being built on the property, the exact location of the buildings could be worked out later. Mr. Johnson asked if the fire equipment would be serviced at the service center. Mr. Bullard stated the fire trucks will not be serviced there. (Page Six, Regular Meeting, Planning & Zoning Commission, February 3, 1976) Mr. Wells asked where the fire trucks are serviced at this time. Mr. W. M. Sustaire stated there are three mechanics on duty in the Fire Department who take care of minor repairs. If they are unable to make the repair, the truck is sent back to where it was purchased. Chairman Pippin asked if there was any hazard with the underground storage of fuel . Mr. Bullard stated there would be no hazard as the tanks would be at least 43 feet behind the lots which is a greater distance than is found in Commercial areas. Mr. Johnson asked the quantity of gasoline to be stored in the underground tanks. Mr. Shackelford stated there would he approximately 6,000 gallons; 4,000 gallons of regular and 2,000 gallons of no lead. There would he no diesel fuel as there is a diesel tank at the Public Works service center and also the fire station. Chairman Pippin asked if there were any more questions. He then called for the opponents. Mrs. William F. Davidson of 612 South Mills stated the property is directly behind her house. As a citizen of the City of Euless, she is opposed to the rezoning of the property and the building of an animal shelter and service center so close to the neighborhood. She asked what this would do to the value of the nearby houses if the owners decided to sell then. She stated there are a lot of children in the area as they are in a school district and, therefore the increased volume of vehicles would be dangerous. She stated she has at this time a petition signed by interested citizens opposing the rezoning. Chairman Pippin stated the petition should be returned to Mrs. Davidson for presentation to the City Council . He asked Mrs. Davidson if there were any more questions. Mrs. Davidson stated there were none. Chairman Pippin asked if the owner of Burgundy Square was notified. Mr. Shackelford stated he was as Burgundy Square is within 200 feet of the property. Chairman Pippin stated the petition had 93 signitures on it, some of which represented both husband and wife, therefore bringing the total to more than 93. (Page Seven, Regular Meeting, Planning & Zoning Commission, February 3, 1976) Mr. Wells asked that the preamble of the petition be read. Chairman Pippin read the preamble as follows: "We the citizens of Euless are opposing to the plans which are being prepared for a maintenance facility and animal shelter on a tentative site l.vs of 3.3 acres South of S.H. 183 and adjacent to the park on Simmons Drive. We feel it would be a hazard to our health, besides the noise and odor, and should be placed away from residential areas." Chairman Pippin asked if there were any other opponents. Mr. Allen Mathews of 605 Bayless stated that the fact that people are living in the area should be considered. He asked if any of the Planning & Zoning Commission members had visited other cities with an animal shelter in a residential area. He asked if they could guarantee that the nearby property owners would not be hendered by the odor and noise from the animal shelter. Mr. Shackelford stated an architect had been hired by the City to design the best construction to handle the odor and noise. Chairman Pippin asked what type of ceiling would be used. Mr. Shackelford stated the ceiling would be insulated with a water protected surface. Mr. Wells asked if there was any consulting help regarding the acoustics. Mr. Shackelford stated the architects have an acoustics consultant on their staff. Mr. Johnson asked if there would be any outside runs at the animal shelter. Mr. Shackelford stated they would all be inside. Chairman Pippin stated he had visited the Grand Prairie animal shelter which is approximately eight years old. He stated the building is enclosed but is made of concrete so it would not be the same structure as the City of Euless plans to use. He stated he did not notice any offensive odor outside the building and the noise could be heard only ten to twenty feet from the building, and only then if the animal were aroused. He was informed from the neighbors that they did not experience an odor or noise problem from the animal shelter. He stated he does not feel the City can guarantee absolutely no odor or noise outside the building. (Page Eight, Regular Meeting, Planning & Zoning Commission, February 3, 1976) A gentleman from the audiance asked what the possibility would be of the metal rusting. Mr. Shackelford stated they would be using 20 guage galvanized metal with baked on twenty year epoxy paint. He stated the roof had an eighth of an inch slope so was virtually a flat roof. He also stated there were veterinary clinics on North Main Street and Highway 183 and there had been no noise or odor complaints about them. Mr. Johnson stated the clinics do not have the volume that an animal shelter will have. • Mr. Shackelford stated there will only be approximately thirty animals present at a time. The animals will be kept only two or three days and then will be taken to Fort Worth. Mr. Fuller asked what the location was of the Grand Prairie animal shelter. Chairman Pippin stated it is located in an open area with a park across the street. He further stated it was his understanding that the animal shelter was originally planned to be built on the Northwest side of the property the City Hall is located on. He stated that according to the July 22, 1975 City Council minutes, there was a request made for authorization of bids for this. However, the September 9, 1975 City Council minutes show that the Director of Planning & Development was asked to relocate the animal shelter. He stated he is interested in knowing why the request was made. Mrs. McCormick stated the animal shelter and service center were not built at the location of City Hall because of funds and it would require a zoning change. Mr. Sustaire stated another reason was because it was not included in the master plans. Mr. Doyle Frazier of 411 Simmons stated if the cars come in at night and are serviced, it will awaken the neighbors. A car can be heard if it is just ideling and a tune up would make even more noise. Chairman Pippin stated there is a mechanic on duty that does the maintenance. Mr. Bullard stated the mechanic is on duty from 8:00 a.m. to 5:00 p.m. and there would only be oil changes and gasoline fill -ups at the other times. Only the animal warden would work after 5:00 p.m. , and his shift ends at 9:00 p.m. Mr. Frazier stated if the oil is changed, the hood of the vehicle will be slammed and awaken the neighbors. (Page Nine, Regular Meeting, Planning & Zoning Commission, February 3, 1976) Mr. Shackelford stated the pumps will be over 100 feet from the nearest house so the noise should not interfere with anyone' s sleep. Mr. Brantley Jones of 603 Bayless asked why the animal shelter could not be built at the location of City Hall . Mayor Samuels stated the main reason was the cost involved. He stated the facilities would need to match and the existing buildings contained too much unuseable trim for it to be feasible to build the animal shelter and service center with the same design. Mr. C.G. Boyd of 701 South Mills stated • the value of the houses will be lessened to the extent that it will cost the citizens more than the cost to the City. Mr. Frazier stated he would not be offended if the building was located at City Hall if it was suitable to be built next to his house. Mrs. Davidson asked how the zoning change would effect their property taxes. Chairman Pippin stated the rezoning would have no effect on their property tax. Mr. Maas stated if the animal shelter and service center were to built behind City Hall , a bond issue would be required which would alter the taxes. Mr. Frazier asked why couldn' t the $38,000.00 it would cost to correct the drainage problem on this property be applied to the funds needed to locate it behind City Hall . Chairman Pippin stated the Commission will not approve any zoning change for the City that it would not approve for a citizen. Mr. Pete Stone of 506 South Mills asked what the possibility would be of building the animal shelter in the country. Chairman Pippin stated the City could not afford property located in the country as there would be the added expense of extending the utilities. Mr. Robert Erxleben of 601 South Mills stated every time he opens his front door he sees the junk that has accumulated on the property and would like to see the City clean it up and use it for the animal shelter and service center. He does, however, oppose the material that is planned to be used. He would rather the buildings be made of brick. He would also like to have a guarantee that the excess property to the South would not eventually be turned into an industrial district with a lot of low level factories on it. c (Page Ten, Regular Meeting, Planning & Zoning Commission, February 3, 1976) Mr. Frazier asked why the animal shelter could not be left where it is. Mr. Sustaire stated the animal shelter is -- presently located at the old sewer plant in Fort Worth and the dogs can not be kept in it. Mr. Ritchie of 511 Simmons asked how much additional traffic there would be on Simmons. Mr. Bullard stated that, at the most, there would only be an additional twenty-five vehicles per day, and they would not all be at the same time. There would be four Police Department vehicles serviced per shift, the Park Department vehicles would be serviced every other day, and all other vehicles would be serviced as needed. Mr. Ritchie asked if the material to be used had been tested and could be guaranteed to last twenty years. Mr. Shackelford stated the animals will not be located next to the metal . Mr. Ritchie stated that based on his past experience with galvanized metal , it will not even last twelve years with the amount of water and detergent that will be on it each day. Mr. Shackelford stated the interior will be concrete block partitions with epoxy paint. The outside will be metal with a five foot wide isle all the way around it. At this time, the diagram of the interior of the buildings was shown. Chairman Pippin closed the Public Hearing. Mr. Fuller made a motion that the Planning and Zoning Commission recommend denial of Zoning Case No. 249, request of the City of Euless for change of zoning from "R-1" Single Family Residential to " 1 -1" Light Industrial with specific use for an animal shelter and service center on Tract C, Oakwood Terrace West Addition. Mr. Johnson seconded the motion and the vote is as follows: Ayes: Messrs. Fuller, Johnson, Wells, Pippin, Tyson, Maas, and Mrs. Lightbody. Nays: None Chairman Pippin declared the motion carried. Chairman Pippin stated that all the Planning & Zoning Commission does is make recommendations to the City Council . There will be no certified letters sent notifying property owners when the item goes before the City Council . There will , however, be a notice in the newspaper fifteen days prior to the Council meeting. L (Page Eleven, Regular Meeting, Planning 6 Zoning Commission, February 3, 19/6) Mr. Jones asked if the notice could be put in the Mayor' s newsletter. Mayor Samuels stated the City will either withdraw the request or it will be on the agenda for the March 9, 1976 Council meeting. Mr. Wells stated the main reason for the denial was the fact that the vehicles would have to go through eight or twelve blocks of residential area to get to the facilities. Also, if the acoustics of the building could be emplified, the zoning may still he feasible. • Mr.. Wells stated that this is the second time recently that the Zoning Ordinance has appeared to be too restrictive. He asked that Mr. Shackelford confer with Mr. McFarland and change the Ordinance to allow more flexibility. Mr. Shackelford stated that any Ordinance changes would have to be with the approval of the City Council . Mr. Wells asked that the Commission make a recommendation to the City Council for the change. Chairman Pippin stated a work session could be planned to find out what changes needed to be made. Mr. Fuller stated he visited a veterinary clinic and there was no noise or odor problem so he knows it can be done. He also stated that he feels that access to the animal shelter and service center was the problem. There are other locations already zoned " I -1" that the City can purchase and not have the problem of rezoning. Mr. Bullard stated the only " I -1" zoned property is located 300 feet West of Highway 157 on Highway 183 to Raider Drive and the City can not afford any of that property. Mr. Shackelford stated the service center can be put in a "C-2" zoning but the animal shelter requires a " I -1" zoning. Mr. Frazier asked what the possibility would be of the animal warden leaving the door open when the animals are delivered. Mr. Shackelford stated the door automati- cally closes after about a one minute delay. II . ADJOURNMENT The meeting adjourned at 9:20 p.m. • APPROVED: Chairman