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HomeMy WebLinkAbout1974-02-05 Regular Meeting Planning and Zoning Commission February 5, 1974 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 Carl Tyson. Other members present were Messrs. Herman Wallace, Ray Ozebek, Richard Leggett, Robert Johnson, Bob Pippin and Don Perkins. Also present were City Inspector Jack Bullard and Recording Secretary Della Houy. VISITORS Visitors present were Messrs. Jimmy R. Stone, Gordon S. Swift, Walter Elliott, Troy Fuller and W. S. DuBose and Mrs. Willie Mae McCormick. APPROVAL OF MINUTES Mr. Ozebek moved to approve minutes of the regular meeting dated January 15, 1974, as written. Mr. Johnson seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Johnson, Wallace, Leggett, Pippin and Tyson Nays: None Chairman Tyson declared the motion carried. PRELIMINARY PLAT APPROVAL - WAFFLE HOUSE ADDITION NO. 1 , REQUESTED BY WAFFLE HOUSE CORPORATION (PROPERTY LOCATED ON THE NORTH SIDE OF HUFFMAN DRIVE, WEST OF BYERS DRIVE AND SOUTH OF SPUR 350) Chairman Tyson recognized Mr. Jimmy Stone who presented the plat of Waffle House Addition No. 1 . Mr. Stone presented colored pictures of the inside and outside of existing Waffle House structures and a menu for review by members of the Commission. In reply to a question from the Commission, Mr. Stone stated that there are 175 Waffle House Restaurants and these are operated by the Waffle House Corporation and not on a franchise basis. Mr. Stone further stated that these restaurants are open 24 hours a day. (Page Two, Regular Meeting Planning and Zoning Commission, February 5, 1974) Chairman Tyson read a letter from Knowlton- Ratliff-English-Flowers, City's Consulting Engineers, as follows: "At the request of the City Staff we have reviewed the subject plans for Waffle House Addition No. 1 to the City of Euless, and furnish you our comments as follows: 1 . The drainage plan shown on Sheet 5 indicates that the curb and gutter to be constructed will drain across Huffman Drive. This curb and gutter should be graded so that the flow from the North will turn West and be carried to the West eliminating the need for a concrete valley gutter across Huffman. Since no plan profiles were submitted for this curb and gutter, we cannot review them and suggest that they be submitted prior to final approval or prior to building permit. 2. On the water plan at the North end of the 8-inch line to be installed, there should be a tee inserted looking East for the future extension anticipated by these plans. In addition, if the Waffle House takes service from Byers there should be a valve at the North end of this line; however, if the Waffle House takes water service off of Huffman Road, such a valve would not be necessary at this time." Mr. Bullard stated that the Engineers have reviewed the preliminary plat and submitted their recommendations for the final plat which will be submitted at a later date. Mr. Pippin moved to recommend approval of the preliminary plat of Waffle House Addition No. 1 subject to the Engineer's letter. Mr. Leggett seconded the motion and the vote is as follows: Ayes : Messrs. Pippin, Leggett, Ozebek, Johnson, Wallace and Tyson Nays: None Chairman Tyson declared the motion carried. II . PRELIMINARY PLAT APPROVAL - AIRPORT BUSINESS PARK ADDITION, REQUEST BY MR. DUBOSE (PROPERTY LOCATED BETWEEN SOUTH PIPELINE ROAD AND SH183, WEST OF EULESS INDUSTRIAL PARK AND EAST OF INTERNATIONAL REGIONAL INDUSTRIAL PARK) Chairman Tyson recognized Mr. Gordon Swift who presented the plat of Airport Business Park Addition. thir Mr. Swift stated that he is Consulting Engineer for Mr. DuBose. (Page Three, Regular Meeting Planning and Zoning Commission, February 5, 1974) Chairman Tyson read a letter from Knowlton- Ratliff-English-Flowers, City's Consulting Engineers, as follows: "At the request of Mr. Jack Bullard, we have received and reviewed preliminary plans for Airport Business Park Addition, and furnish you our comments as follows: 1 . We would suggest that the Fire Marshall be consulted regarding the street called "American Drive." It would appear that such an extensive street with only one outlet for that number of industrial locations could pose fire protection problems. If such protection does appear to be a problem, we would suggest that this street could be exited upon Pipeline Road without undue cost. 2. The location at which American Drive exits onto State Highway 183 does not provide a median opening, and, considering truck traffic attempting to turn South westbound off of 183 this could present a considerable hazard to those trucks. In addition, Del Prado Drive exits onto Highway 183 approximately 200 feet West of the proposed American Drive. It would seem that if a median break is acceptable to the Texas Highway Department, it should be located at a point where both these streets can be served. 3. In order that the developer not be caught unaware during final platting, we should state now that it will be our recommendation that State Highway 183 be curbed and pavement connected along this property. This recommendation is consistent with our past recommendations of the same nature along Highway 183. 4. The sewer layout indicates sanitary sewer service at the back of most lots. We understand the reason for such location and, even though standard City policy places sewers in the street, we cannot disagree with the theory behind this location. However, such location does require more extensive manholes so that there is less chance of maintenance equipment needing to enter the property under fence in order to maintain this sewer. The standard 500-foot spacing between manholes may, therefore, not be adequate and such spacing may need to be reduced to approximately 300 to 400 feet, and at least every street crossing. 5. In some lcations, water service is shown at the rear and at the side lots. It would appear to us that such service is acceptable if the water lines are laid in an easement which is also covered by a fire lane. The reason for this suggestion is that if these water lines are located within a fire lane, they will always be accessible to City maintenance crews for reading meters and for maintenance of valves, etc. We feel that such location is preferable to the construction of the 30-inch line in Pipeline Road, which would ultimately replace the need for the 12-inch line which is located at the rear of some of the lots. (Paqe Four, Regular Meeting Planning and Zoning Commission, February 5, 1974) 6. Lot 5, Block 2, does not have water service of any kind; therefore, the water layout will need to be revised in order to provide such service, as well as to provide adequate fire protection radius. 7. Consistent with our action on the International Regional Industrial Complex, we would recommend that this addition dedicate the necessary widening for South Pipeline Road in accordance with the City of Fort Worth desires; and in addition, dedicate 15 feet for utility easement to the City of Euless for the purposes of installation of the future 30-inch water main, which is planned to be located along this route some time in the distant future. 8. Our comments regarding interior drainage must be extremely preliminary, since there are major drainage watercourses within the tract which will either require improvements or a great amount of site grading. We can only say at this time that the final plans will be reviewed based on the modifications to such existing drainage patterns that might take place during site grading; and that the drainage improvements required after site grading would then be recommended. 9. The major drainage traversing this property is shown by a typical section to be a 22 foot bottom with 4:1 side slopes in an earthen condition. In the past few years, the only drainage course which the City of Euless has allowed to be developed without either concrete lining or a perpetual maintenance agreement has been Little Bear Creek, which, of course, is not practical under either method. It is our opinion that the number of property owners who will eventually bound on the drainage shown on this tract precludes a responsible owner to whom the City could look for perpetual maintenance; and therefore, that method of conclusion is not an acceptable one. It is our opinion, that unless some concrete lining is provided for with the development of this tract, the City will ultimately be faced with such improvement itself; and therefore, we must recommend an improvement of this right-of-way at this time." Mr. Swift stated that his client would obtain a permit from the Texas Highway Department for a median cut on SH183. Mr. Bullard stated that Mr. Terry Davis, owner of Del Prado Apartment Complex, has a permit for a median opening, but has not constructed the median at this time. Mr. Bullard further stated that he thought it advisable for the two developers to decide between them the location of the median and have only one median for the two developments. Mr. Swift stated his client would be in agreement with the Engineer's recommendations numbers 1 through 8, but item 9 is a very major item for the developer. Mr. Swift stated that there would be a perpetual maintenance agreement and each of the owners would be required to maintain the drainage facility and that the slopes were low enough to be mowed and cleaned. (Paqe Five, Regular Meeting Planning and Zoning Commission, February 5, 1974) ,., (Mr. Perkins arrived at 8:25 P. M.) Mr. Bullard informed the Commission that the City has a policy which gives a developer a choice of either a perpetual maintenance agreement or to concrete line the drainage ditch and dedicate it to the City and the City will assume maintenance of the drain. Chairman Tyson read a letter from the Fire Marshall and the Fire Chief of the City of Euless, as follows: "In reference to the proposed street layout in the Airport Business Park Addition, we find they are grossly inadequate from the fire protection standpoint. It would greatly enhance the fire control aspect if Regal Court extended to American Drive and the west portion of American Drive be extended to SH183 (West Euless Blvd.) . Your consideration of this request would be appreciated." Mr. Swift stated that for a bridge to be installed and extra paving done, would be most expensive and that land would be lost to the developer. He stated that there is a 48 foot street, American Drive, there will be four (4) lanes of moving traffic and all four lanes would be for fire protection use. In reply to a question from Mr. Ozebek, Mr. Swift stated that Regal Parkway would connect with South Pipeline Road. A discussion followed on the distance from Westpark Way to this development and the access to the property. Mr. Bullard stated that the development would need to change the name of American Drive because there is to be an American Airlines Blvd. and the two names would become confused. Mr. Wallace moved to recommend approval of the preliminary plat of Airport Business Park Addition subject to the Engineer's letter dated January 29, 1974 and of the Fire Marshall 's letter dated February 5, 1974 and Mr. Swift and the Fire Marshall meeting together on the fire outlets, and with the recommendation as stated in Item 9 of the Engineer's letter with a perpetual maintenance agreement be adopted rather than concrete lining the drainage ditch. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Messrs. Wallace, Ozebek, Pippin, Leggett, Johnson, Perkins and Tyson Nay's: None Chairman Tyson declared the motion carried. Cor (Page Six, Regular Meeting Planning and Zoning Commission, February 5, 1974) III . FINAL PLAT APPROVAL - JOHN GROVES ADDITION REQUEST OF CHAMPLIN OIL COMPANY (PROPERTY LOCATED IN THE JOHN GROVES ADDITION ON THE EAST SIDE OF RAIDER DRIVE AND SOUTH SIDE OF SH183) Chairman Tyson recognized Mr. Walter Elliott, who stated he represents Mr. Alvin Pierce, in the final plat approval of the John Groves Addition, Champlin Oil Company. Mr. Elliott stated that his client agrees with items 1 and 2 of the City Engineer's letter dated January 29, 1974. Mr. Elliott stated that on item 3 of Mr. Ratliff's letter, Mr. Elliott requests the curb and gutter, storm drain and the drainage channel be delayed until such time as a building permit is requested or when Raider Drive is improved. Mr. Elliott further stated that there would be a perpetual maintenance agreement between the property owners along the channel at the time of the improvements. Mr. Bullard stated that the Engineer's letter was written according to City policy. Mr. Ozebek moved to recommend approval to the final plat of the John Groves Addition as requested by Champlin Oil Company subject to the City Engineer's letter. Mr. Johnson seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Johnson, Wallace, Pippin, Leggett, Perkins and Tyson Nays: None Chairman Tyson declared the motion carried. (Copy of Mr. Ratliff's letter dated January 29, 1974 attached to minutes.) IV. CONSIDER AN ORDINANCE ADOPTING AND INCORPORATING BY REFERENCE ORDINANCE NO. 71-100 KNOWN AND CITED AS THE "AIRPORT ZONING ORDINANCE OF THE DALLAS-FORT WORTH REGIONAL AIRPORT" AS ADOPTED BY THE JOINT DALLAS- FORT WORTH ZONING BOARD ON DECEMBER 16, 1971 Mr. Elliott stated that the City Council had appointed a Committee to review Ordinance No. 71-100 and that a meeting was held and Mr. Bob Wagner was present to explain the items in the ordinance. (Page Seven, Regular Meeting Planning and Zoning Commission, February 5, 1974) Coe Mr. Elliott stated that the building height in Euless would be a maximum of 10 stories and that all structures in this area prior to the adoption of this ordinance will be in the non-conforming use category, and that the only structure to fall in this category would be the water tower on North Main Street. Mr. Elliott explained the ordinance and the administrative agencies and rules of procedure. Mr. Tyson stated that he talked with Mr. Bob McFarland, City Attorney, and he stated six points to consider in adoption of this ordinance. 1 . In Section VI - Use Restrictions - The Airport Zoning Board added the following to the original draft - "But this prohibition shall not include momentary glare or glare from vertical or downward reflecting windows or glass panels used in the construction of structures" - Mr. McFarland stated this addition was for the best. 2. In Section VII - Existing Non-conformities - "Applications for permits for non-conforming users shall be made within 180 days from the effective date of these regulations" - Mr. McFarland stated this was not good as they must have the permit and the people are not informed that their structure is in the non-conforming category. 3. Section VIII - Permits Required - "In the event that any administrative agency issues a permit erroneously allowing the beginning of erection of any structure or tree, said permit shall not constitute a variance or be construed in any manner to allow any person to penetrate the imaginary surfaces established" - Mr. McFarland stated that the builder constructs at his own risk. 4. Section XII - Administrative Agencies - "Each political subdivision shall : (1 ) establish its own administrative and enforcement agency; or (2) designate another political subdivision to administer and enforce these regulations in its behalf; or (3) request the Joint Airport Zoning Board to designate an agency to act in this capacity in its behalf" - Mr. McFarland stated that this puts the burden on the City to enforce its administration. 5. In Section XV - Appeals - "The Board of Adjustment may, in conformity with the provisions of these regulations, reverse or affirm, wholly or partly, or modify, the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Administrative Agency" - Mr. McFarland stated the Board of Adjustment has authority to override the City of Euless. (Page Eight,,Regular Meeting Planning and Zoning Commission, February 5, 1974) 6. In Section XXI - Amendments - "This Ordinance may be amended or changed by the Joint Airport Zoning Board for the Dallas-Fort Worth Regional Airport except as otherwise provided by the Airport Zoning Act, Article 46e, V.A.C.A. , after a public hearing in relation thereto at which parties in intent and citizens shall have an opportunity to be heard" - Mr. McFarland stated that in this item any amendment will become part of this ordinance. Mr. Tyson stated that in his opinion, if this ordinance is adopted, the City is giving away their authority. Mr. Elliott stated that there should be representatives present at all the meetings of the Airport Board and show concern on matters that would affect the City of Euless. A discussbn followed on the meetings and the City's attendance. Mr. Johnson moved to recommend approval of adoption of ordinance adopting Ordinance No. 71-100 with the six (6) points Mr. McFarland commented on to be considered by the Council . Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Messrs. Johnson, Ozebek and Perkins Nays: Messrs. Leggett, Pippin, Wallace and Tyson Chairman Tyson declared the motion failed. Mr. Troy Fuller stated that the Commission should request Mr. McFarland write the Council a letter explaining the six (6) points of concern in the ordinance. Mr. Leggett stated that the Council and members of the Planning and Zoning Commission should meet and have a work session on this ordinance. Mr. Leggett moved to recommend denial of the adoption of ordinance adopting Ordinance No. 71-100 with the six (6) points from the lawyer to be reviewed by the City Council with Mr. McFarland present. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Leggett, Pippin, Wallace and Tyson Nays: Messrs. Ozebek and Johnson Abstained: Mr. Perkins Chairman Tyson declared the motion carried. (Page Nine, Regular Meeting Planning and Zoning Commission, February 5, 1974) V. CONSIDER AMENDMENT TO ORDINANCE NO. 147 REQUIRING AVIGATION EASEMENT FROM EACH DEVELOPER WITH THE CITY OF EULESS Mr. Johnson moved to recommend the adoption of an amendment to Ordinance No. 147 - avigation easement - as written. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Johnson, Pippin, Ozebek, Perkins, Leggett, Wallace and Tyson Nays: None Chairman Tyson declared the motion carried. VI . ADJOURNMENT The meeting adjourned at 11 :15 P. M. APPROVED: Chairman dfh L