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HomeMy WebLinkAbout1975-04-01 1 , / The attachments were made a part of the original minutes and are filed in the Zoning Case No. 244 file. law Regular Meeting Planning and Zoning Commission April 1 , 1975 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 Bob Pippin. Other members present were Messrs. Don Perkins, Troy Fuller, Carl Maas, Carl Tyson, Bob Johnson; and Mrs. Jackie Comola. Also present were Director of Public Works, Jack Bullard and Recording Secretary, Becky Null . VISITORS Visitors in attendance were as follows: Messrs. Ken Taylor, Lynn Shackelford, David H. Peters, Edwin Thomes, Harold Gopher, Charles Hunt, Patrick Gilliland, W. G. Ragley, G. W. Wuiler, Terry Castleberry, Robert Kohsmann, H. J. Clemens, John Leonard, Walter A. Elliott, Clifford D. Wells, Bob Strate, Richard J. Thomes, H. M. Gardiner, Jack Blackburn, Martin Poslick, John H. Kidd, Ed York, Gordon R. Edwards, Robert E. Mahr, Tim Bond, Robert Davey, Ed Hertberg, and Mel McReynolds; and Mesdms. Mary Ann Peters, Evelyn Thomes, Judy Thomes, Mary Ann Walker, Patricia Gilliland, Diane Kohsmann, Dottie Briggs, Judy Pippin, Jean Kidd, Judy Shipley, Tracy Tidmore, Ann Gibson, Gaynel Tyson, Carole Jennings, Carolyn Griffin, Willie Mae McCormick, Dena Anderson, Gail Banta, Judy Edwards, Susie Mahr, Judy Stanford, Pam Bender, Sue Hertberg, Glenda Davey, Anita Mayer and Peggy McReynolds. INVOCATION The invocation was given by Mr. Carl Tyson. APPROVAL OF MINUTES Mr. Maas made a motion to approve the minutes of the regular meeting dated March 4, 1975, with the following corrections: Page 3, Paragraph 1 should read judicious instead of judicial . Page 4, Paragraph 5 should read "to the City Council their decision." Mr. Perkins seconded the motion and the vote is as follows: Ayes: Pippin, Tyson, Johnson, Fuller, Perkins, Maas; and Mrs. Comola Nays: None Chairman Pippin declared the motion carried. (Page Two, Regular Meeting, Planning and Zoning Commission, April 1 , 1975) PUBLIC HEARING: ZONING CASE NO. 244 likor REQUEST OF DR. RICHARD J. THOMES FOR CHANGE OF ZONING FROM "R-1" SINGLE- FAMILY DWELLING DISTRICT TO "PD" PLANNED DEVELOPMENT DISTRICT ON LOTS 9, 10, 11 AND PART OF LOT 12, RAY SHELTON SUB- DIVISION AND TRACT 4A, B. F. CROWLEY SURVEY. (PROPERTY LOCATED NORTH, EAST AND SOUTH OF ELEVATED WATER TANK.) Chairman Pippin opened the Public Hearing and stated the rules for conducting a Public Hearing. Chairman Pippin asked for the representative of Dr. Thomes. Walter Elliott was recognized stating that he represented Dr. Thomes for this change of zoning. He stated that Dr. Thomes owned the Euless Animal Clinic and an animal clinic in Irving. He stated that Dr. Thomes acquired lot 12 in 1960, and acquired the rest of the lots by 1972. Mr. Elliott reviewed the plat and showed what was to be done and what their plans were now. He stated that in the plan that was first submitted, there were town homes proposed on North Main Street. This portion has been changed to single family homes with large lots, the homes ranging in price from $40,000 to $50,000. He stated that instead of 624 apartments as first proposed, they now have 568; have designated 64 efficiency apartments, 208 one bedroom, 1 bath; 120 two bedroom, 12 bath; 120 two bedroom, 2 baths; and 56 three bedrooms, 2 baths. Mr. Elliott passed out a brochure to each Commission member, which contained several letters and documents related to the Proposed Zoning request of Dr. Thomes and are as follows: (a) Euless Traffic Safety Coordinator (b) Hurst-Euless-Bedford School Superintendent (c) Oak Cliff Savings (d) Euless Police Chief (e) Manning Grinnan These documents are hereby attached and made a part of the minutes. Mr. Elliott stated that this project will be developed in two phases. Phase I will include 216 apartments which will be started immediately, the residential portion, 11 lots will be developed, and a 6 foot masonry wall between the houses and apartments. Phase I will take about 90 - 120 days. Mr. Elliott also stated that the lots will be sold to builders. The total cost of Phase I will be over $3,000,000. The apartment rental fees will range from $160 to $375, unfurnished. The whole phase will cost $10,000,000. (Page Three, Regular Meeting, Planning & Zoning Commission, April 1 , 1975) Mrs. Comola asked how they can be assured that the lots will have around $36,000 homes when Dr. Thomes is not developing, but just improving. Mr. Elliott stated by deed restrictions. Mr. Perkins asked when Phase II would be started. Mr. Elliott stated it would be 18 to 24 months. Mr. Elliott read a page of the City of Euless Budget that listed the top 20 taxpayers. He stated that Regional Properties will build and manage the apartments. Dr. Thomes showed some slides of apartments that he is part owner of that are located in Irving, Arlington and Dallas. Mr. Elliott showed some plans of what the apartments and the garbage containers will look like. Mrs. Comola stated that since single family houses will be built instead of the town houses, this portion does not need to be rezoned. She read a portion of Section 5-111 , page 7 of the Zoning Ordinance which reads as follows: "PD PLANNED DEVELOPMENT DISTRICT: In order to provide flexibility in the planning and development of projects with combinations of uses or of specific physical designs such as office centers, combi- nation apartment and retail centers, shopping centers, medical centers with office and housing elements, special industrial parks, housing developments or any similar large-scale developments, a "PD", Planned Development District is provided. This district is intended as an amendment to be applied to the district map under an amendment to the Zoning Ordinance. Certain maximum and minimum standards are specified for various use categories and certain provisions such as yards, coverage, and building spacing are to be determined by the particular design. Specific development conditions and schedules can be enforced with respect to a "PD", Planned Development District and failure to adhere to a development schedule can be the basis for removing part or all of a "PD" Planned Development District from the Zoning District Map." Mrs. Comola stated that since this does not require rezoning, if it is taken out of the Planned Development, the City will lose the control over this. After a little discussion, Mr. Elliott stated that if zoning is so granted, a preliminary plat will be filed as well as a final plat. L (Page Four, Regular Meeting, Planning & Zoning Commission, April 1 , 1975) Mrs. Comola asked if it was remaining as a part of the Planned Development. Now Mr. Elliott stated no, it is not. Chairman Pippin stated that on the plat it is shown as part of the Planned Development and feels that the City will still have control . Mrs. Comola stated that she would like this on a schedule. Chairman Pippin stated that the Commission can ask for a schedule, but cannot make up their own. Chairman Pippin asked if the outside was masonry and wood. The architect stated that it was brick veneer and stucco. Mrs. Comola asked what arrangement is to be made on the community property. Paul Thomes stated that there was no community property. It was mentioned that Dr. Thomes does intend to continue ownership after leasing this property. Chairman Pippin read the Traffic Safety Coordinator's letter dated March 20, 1975, which is hereby attached and made a part of the minutes. Mr. Tyson asked if there was any comment made about the cul-de-sac on North Main from Mr. McAdoo. Chairman Pippin felt that this was an undesirable situation. Chairman Pippin read the Fire Chief's letter dated March 20, 1975, which is hereby attached and made a part of the minutes. Chairman Pippin read the Engineer's letter dated January 30, 1975, which gives their recommendations for final platting and is hereby attached and made a part of the minutes. Chairman Pippin asked if the trees would be torn down and others replanted. Mr. Elliott stated the trees where the buildings will be, will be removed; but as many trees as possible will be left. Mr. Tyson asked in regard to the 1 ,136 kow parking spaces, what the sizes were. The architect stated they were 9' x 20' . (Page Five, Regular Meeting, Planning & Zoning Commission, April 1 , 1975) Mrs. Comola asked if it was true if there were over 800 parking spaces, if they would be required to have a Nilor permit from the Environmental Protection Agency. Mr. Elliott stated that his understanding was those over 1 ,000 required a permit. He stated that this requirement has been eased up. Mrs. Comola asked what the number of miles the complex will be from Zone B. Mr. Elliott stated that the noise is not as great as was anticipated. The complex will be in Zone A. Mrs. Comola asked if Zone B was not recommended for residential . She received an answer that it was not recommended.. Mr. Tyson asked about the screening around the exterior of the development between the undeveloped property. Mr. Bullard stated that screening is required between that adjacent to single family dwellings. Chairman Pippin asked if there were any proponents. Mr. Bob Cosson of 1705 Oak Meadows stated that he has known Dr. Thomes for 10 years and feels that this project will be done well . There being no more proponents, Chairman Pippin recognized the opponents. Mr. Denham of 102 Walnut Way stated that they were in opposition to this rezoning. He stated that he has four different petitions, with a total of 242 names and that he feels the Commision should consider this. Mr. Denham passed out copies of the petitions to the Commission members, which are hereby attached and made a part of the minutes. He stated his many reasons for opposition. Mr. George Guynes of 1509 Cedar Ridge stated that he has made some computations of his own. He passed out copies to the Commission. (We were not furnished a copy for a record of the minutes.) He also stated that he had tried to contact Dr. Thomes on various occassions and all attempts were turned down for one reason or another. He passed out a paper to the Commission showing the dates and times he contacted Dr. Thomes. (We were not furnished a copy for a record of the minutes.) (Page Six, Regular Meeting, Planning & Zoning Commission, April 1 , 1975) Mr. Ron Reinmiller of 207 Trailwood stated that when he moved in he considered, the airport and the Land Use Map. He feels if this approved, it will be a real breach of trust. Chairman Pippin stated that the Future Land Use Map is something subject to change as the conditions change. A plan has to have a degree of flexibility. He stated that he is more concerned about the people than the tax dollars which has been mentioned so much. Mr. Bill Pierce of 108 Shelmar asked how many of the 11 lots will be affected by the oil products lines. Mr. Elliott stated 7 lots out of the 11 . Mr. Pierce stated that he felt that it would make the salability of the lots difficult. Mr. Elliott stated that it could, but he felt that they will develop. He mentioned that there will be 4 tennis courts, 2 handball courts, and several swimming pools in the development. Mrs. Davis of 406 Summit Ridge asked about the recreation facilities for the children. She asked if it would be membership only. Mr. Elliott stated that it will be for residence only. Mrs. Davis asked how much area will be for playground. Paul Thomes stated that there will be 20 units to an acre and that there will be a lot of green area. Mr. Pierce stated that he doesn't live in Dallas because of the high density. Mr. Dave Peters of 307 Fair Oaks asked if since this is a Planned Development if they can do anything other than what they say they are going to do. Mr. Bullard stated that the only deviation on the buildings would be to change the masonry from 100% to 80%. Someone mentioned that an alternative to this apartment complex could be HUD homes. Mr. Mel McReynolds of 208 Oak Forest stated that they have been faced with this before. He felt that if a $48,000 home couldn't be built, a HUD home couldn' t either. The thing is that they are talking about people not dollars. He stated that they are opposed to density of R-5. He feels all the other developers will start wanting changes in zoning, then temporary buildings will be built at Lakewood Elementary. He is tired of being forced, would like the little people to be considered. (Page Seven, Regular Meeting, Planning & Zoning Commission, April 1 , 1975) Mr. Ed Thomes of 511 Ash Lane stated that the Royal Oaks Homeowners Association does not represent all of the people in the audience. Mr. George Guynes asked if anyone on the Planning & Zoning Commission is unable to vote because of any interest in this project. They all stated that they had no interest. Mr. Ed York of 1801 Shadow Lane feels also that the City is for the people, but also needs to be concerned about the growth of the City. The question is whether there is a need for an apartment project, and if so, where should it be built. The main question is the need. Mr. Pippin asked what has gone into deciding the needs of the apartment. Mr. Elliott stated that apartments are running between 94% - 96% capacity and that good apartments enjoy good residential and vice versa. After a discussion as to whether the residential portion was included in the Planned Development or not, Mr. Johnson asked what Phase I included. Mr. Elliott showed the portion on the map which included the lots. He wanted to assure the Commission that the residential lots will be there, although Dr. Thomes will not develop it. Mrs. Comola made a motion to get clarification from the City Attorney to constitute a Planned Development. Mr. Bullard stated that unless Dr. Thomes asks you to remove it, you must act on all of it. Mr. Pippin stated that he is not going to act on anything except what is in front of him. Chairman Pippin closed the Public Hearing at 11 :00 p.m. Mrs. Comola restated her motion to get legal clarification from the City Attorney as to whether the single family dwelling has to be included as a part of the Planned Development. Mr. Maas seconded the motion. Mr. Maas asked Mr. Elliott if he formally requested that we not act on it. Mr. Elliott stated they are deleting the lots, but want to go on record that the lots will be developed and sold. (Page Eight, Regular Meeting, Planning & Zoning Commission, April 1 , 1975) Mr. Tyson asked him the reason for withdrawing the residential lots. kir Mr. Elliott stated it was because this portion is already zoned residential and it would be redundant to ask for a change of zoning on this. After a discussion as to whether the residential will be left in or not, Mrs. Comola withdrew her motion. Mr. D. R. Goode of 101 Ash Lane stated that he is confused. He feels that if Dr. Thomes wants to leave this in, he should build the homes in Phase I . Chairman Pippin asked if they would consider putting the homes in. Mr. Glen Walker was recognized and stated that Harold Copher has had his hand up for 15 minutes and should be recognized. Mr. Harold Copher stated he would like to clarify something. He read the Agenda, which said that this entire project was being presented as Planned Development. Chairman Pippin stated that he is not in favor of R-5 density, but possibly R-4. Paul Thomes stated that no one knew the economics of it, that when you take 4 units off an acre, you lose money. He feels that if they go down from 20 to 16, they can' t do it. Mr. Tyson asked if they would be willing to put in the residential and not change the density. Mr. Johnson asked if they would consider developing and building 50% of the residential in Phase I . Mr. Perkins made a motion to get the questions cleared up and listen to it at the next meeting. Mr. Maas seconded the motion and the vote is as follows: Ayes: Messrs. Perkins and Maas Nays: Messrs. Pippin, Fuller, Johnson, Tyson; and Mrs. Comola Chairman Pippin declared the motion failed. Mr. Maas asked if this would change the thinking if they built the 11 homes. Mr. Dick Wells of 405 Shelmar stated that he doesn't want R-5 apartments there. (Page Nine, Regular Meeting, Planning & Zoning Commission, April 1 , 1975) Mr. George Winter of 206 Shelmar stated that several people in the Royal Oaks Addition would be satisfied if there is an R-1 belt. The argument is that there is no assurance this will take place. Mr. Johnson asked Mr. Thomes if he would be willing to develop and build 5 homes with Phase I . Dr. Thomes stated yes he would. Mr. Ron Reinmiller asked to have a show of the audience of those willing to make a compromise. He feels that the majority of the people are opposed to the density and no buffer zone. Chairman Pippin stated that he personally favors lower density, that the higher density, the quicker the deterioration. Mr. Ed York asked about the amount of people on 16 units per acre compared to 20. It was stated that it would be about 120 people. Mr. Denham stated that they would consider Dr. Thomes dropping the homes, but not the lots, and reducing the density to R-4, 16 units per acre. Paul Thomes stated that the less people, the less cash and therefore, the more deterioration. He doesn't feel that the 16 units is feasible. Mr. Terry Castleberry of 1801 Shenandoah asked Mr. Fuller what density would be feasible. Mr. Fuller stated that he didn' t know about the cash flow. Mr. Mel McReynolds stated that Dr. Thomes is making this request, and his brother is getting involved. He stated that Paul Thomes owns property to the North zoned R-1 and that he had made a statement that he would be making a request for rezoning. After a discussion about the feasibility of lowering the density, and getting it financed, Mr. Elliott stated two proposals. 1 . Take the residential lots as presented, 2,000 sq. ft. homes and cutting the density to 16. 2. Leave R-1 as park area and excluding the lots completely, remove the wall with no change in the apartments, and dedicating the 42 acres to the City as park land. L e. (Page Ten, Regular Meeting, Planning & Zoning Commission, April 1 , 1975) Charles Hunt, Chairman of the Park and Recreation Board, was asked if the City would want the park area. Charles Hunt stated that from the standpoint of up-keep, the City would not like it as dedicated park land, that it is much too small . After some more discussion about cutting the density and getting it financed, Mr. Johnson asked Dr. Thomes if they could get it ready and come back by the 15th. Dr. Thomes stated yes. Mrs. Dottie Briggs of 211 Shelmar stated that she feels that it should be voted on as is; then he can revise the plans and come back. The homeowners asked if he couldn't resubmit a new plat. Mr. Bullard stated that he can withdraw it or take it to the Council . If it goes to the City Council and is turned down, it will be six months before it can be resubmitted. There is no waiting period if it is withdrawn. Mr. Elliott stated that rather than trying to make a cul -de-sac, they will make lots 5 and 6 into one lot which will make it ten lots eliminating the cul -de-sac. Mr. Johnson made a motion to approve this request of rezoning from "R-1" Single Family Dwelling District to "PD" Planned Development District on Lots 9, 10, 11 and part of Lot 12, Ray Shelton Sub-Division and Tract 4A, B. F. Crowley Survey subject to Dr. Thomes coming back to the Planning and Zoning Commission with a revised plan on April 15, 1975, of 16 units per acre including the ten single family lots, five of which are to be built upon in Phase I , with no entrance on North Main Street to the Single Family Dwelling and Lots 5 and 6 combined and at final platting, a development schedule be submitted for approval . Mr. Maas seconded the motion and the vote is as follows: Ayes: Pippin, Tyson, Johnson, Fuller, Perkins, Maas; and Mrs. Comola Nays: None Chairman Pippin declared the motion carried. II ADJOURNMENT The meeting adjourned at 1 :00 a.m. APPROVED: L Chairman