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Home My WebLink About1980-10-28r• Regular Meeting Euless City Council October 28, 1980 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8:00 p.m., in the council chambers of Euless City Hall, by Mayor Harold Samuels. Other members present were Mayor Pro Tem Willie Mae McCormick, Councilmen Ron Sternfels, Robert Pippin, and Glenn Walker. Absent was Councilman Charles Hunt. Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, and City Engineer James Knight. V I SITORS Visitors in attendance were Messrs. Troy Manuel, L. A. Narey, Robert Hill, William Leist, Lonnie McDonald, Harold Hefler, Tom Garcia, Jr., Don Edwards, Robert M. McMillan, Don Bass, Charles Morris, Ross Benton, Jon Jordan, Gene Welch, Bruce Casburn, and Steve Crim; Mesdms. Judy Thomes, Charleen Benton, Gina Morris, Amy Bass, Bi I le McMi 11an, Dorothy Morphew, Tom Garcia, Jr., Sue McDonald, Sue Fiaccone, Kaye Perkins, Lonnie Sibbett, L. A. Narey, and Troy Manuel. r^ INVOCATION The invocation was given by Mayor Harold Samuels. APPROVAL CF MINUTES The'minutes of the regular meeting dated October 14, 1980, were approved as written. CONSIDER AUTHORIZING CITY MANAGER TO INSTALL SCHOOL ZONE LIGHTS AND ADVERTISE FOR BIDS FOR S1GNALIZATION AT MIDWAY DRIVE AND NORTH EULESS MAIN STREET Mr. Pippin moved to authorize the City Manager to install school zone lights at Midway Elementary School, Oakwood Elementary School, Wilshire Elementary School, and Lakewood Elementary School, and to advertise for bids for the installation of a time - actuated signal light at Midway Drive and North Euless Main Street. Mr. Walker seconded the motion and the vote i s as follows: Ayes: Messrs. Pippin, Walker, Sternfels, and Mrs. McCormick Nays: None (Paae Two. Reaular Meetina. Euless City Council. October 28. 1980) Mayor Samuels declared the motion carried. CONSIDER FINAL PLAT - MIDWAY SQUARE ADDITION, PHASE THREE Mr. Steve Crim, L & N Land, Inc., stated he is requesting approval of the final plat of Midway Square Addition, Phase III. He stated they are requesting a variance on the requirement that Blessing Branch be concrete lined and they will execute a perpetual maintenance agreement for maintenance of the creek. He stated they are also requesting that the radius of Woodcreek Street remain at three hundred feet to allow for a right angle entry into Fuller -Wiser Road. He further stated the developer is prepared to escrow funds for the cost of one -half of the improvements to Harwood Road, adjacent to this property. He stated the developer has extended Fuller -Wiser Road from Airport Freeway, north to Harwood Road. Mr. Knight stated the City's Master Plan calls for an oversized water line in this area and the City will have to par- ticipate in this oversizing. Mr. Sustaire stated that funds are available for participating in the oversizing of these water lines. Mrs. McCormick moved to concur with the recommendation of the Planning and Zoning Commission and approve the final plat of Midway Square, Phase III, and to grant the request that Blessing Branch be left in its natural state, and that a perpetual maintenance agreement be executed for maintenance of the creek, and to approve the requested three hundred foot radius on proposed Woodcreek Street. Mr.,Pippin seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Pippin, Walker, and Sternfels Nays: None Mayor Samuels declared the motion carried. PUBLIC HEARING - ZONING CASE NO. 322 - REQUEST CF BRUCE CASBURN FOR CHANGE CF ZONING FROM "PD" PLANNED DEVELOPMENT TO "R -2" TWO -FAMILY DWELLING DISTRICT IN TIFFANY MEADOWS, TRACTS 1A2, 1A3, AND PORTIONS CF TRACTS 1A1 AND 1A1B, J. E. FIELD SURVEY, A -540 Mayor Samuels opened the public hearing on Zoning Case No. 322, and stated the council would hear from proponents first and then any opponents. Mayor Samuels recognized Mr. Bruce Casburn. (Page Three, Regular Meeting, Euless City Council , October *8, 1980) Mr. Casburn stated this property was formally zoned under a Planned Development, with an approximate density of twelve units per acre. He stated they have contracted with Lomas and Neddleton Land Company, who w i l l be the developers of this tract of land. He stated the proposed use of the property is for single family attached housing, which i s a down -zone from the present zoning. Mayor Samuels inquired i f there were any other proponents. There being none, he inquired if there were any opponents. There being none, he declared the public hearing closed. Mr. Walker moved to concur with the recommendation of the Planning and Zoning Commission and approve first reading of an ordinance rezoning Tracts 1A2, 1A3, and portions of Tract 1A1 and 1A1B, J. E. Field Survey, A -540, from "PD" Planned Development to "R -2" Two - Family Dwelling District. Mr. Sternfels seconded the motion and the vote i s as follows: Ayes: Messrs. Walker, Sternfels, Pippin, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. IV. PUBLIC HEARING - FURTHER CONSIDERATION CF ZONING CASE NO. 320 - REQUEST OF GENE V1aaH FOR CHANGE OF ZONING FROM "C -1" NEIGHBORHOOD BUSINESS DISTRICT AND "PD" PLANNED DEVELOPMENT - "R -3" DENSITY TO "C -1" NEIGHBORHOOD BUSINESS DISTRICT AND "R -5" MULTI- FAMILY DVVELLING DISTRICT WITH "CUD" CONFORMING HOUSING ON TRACTS 1B2, 6A1, AND 6D1, S. HUITT SURVEY., A -750. AND TRACT A SOMERSET PLACE ADDITION Mayor Samuels opened the public hearing on Zoning Case No. 320 for change of zoning from "C -1" Neighborhood Business District and "PD" Planned Development - "R -3" Density - to "C -1" Neighborhood Business District and "R -5" Multi - Family Dwelling District with "CUD" conforming housing on Tracts 1B2, 6A1, S. Huitt Survey, A -750, and Tract A, Somerset Place Addition, and stated the council would hear from the proponents f i r s t and then any opponents. Mayor Samuels recognized Mr. Gene Welch. Mr. Welch stated they are requesting approval of the rezoning on this tract of land. He reviewed the previous zoning on this property. He stated the original zoning was for 354 units and he is requesitng approval for 290 units, sixty -four unites less than the original request. He stated the taxes on t h i s property w i l l average approximately $350,000 per year. He stated the property to the north is zoned "R -4" and "R -5" - twenty -six units per acre, the property on the east side i s commercial, the property on the west is also commercial, and the school property is to the south. He stated the proposed shopping center w i l l be approximately ten acres in size, or 100,000 square (Page Four, Regular Meeting, Euless City Council , October 28, 1980) feet. I- stated the shopping center will primarily be used for dental and legal offices, savings and loan offices, a drug store, a variety store, and shops that are found in this type of shopping center. I- stated the developers will dedicate a 3.85 acre park, with access given into the park. I- stated it would take approximately three hundred acres of homes to generate as much in taxes as this development will generate. It stated building costs are such that the property cannot be developed in a lower density. I- stated they are selling to local builders and some sub - contractors will be local contractors. It stated the mw owners plan to build a better constructed apartment than would be constructed as the property is presently zoned. I+ stated during the Planning and Zoning Commission meeting, the adjoining property owners stated they wanted a green belt south of the development with a berm from North Main Street east to the proposed multi - family development. I- stated the developers will construct something that will be advantageous to the City and to the adjacent homeowners. stated he is asking the Council to grant approval of a good apartment development and construction of a shopping center. Mayor Samuels inquired if there were any other proponents. There being none, he inquired if there were any opponents. Mrs. Kay Perkins, 305 Sixpence, stated she presented a petition with 260 signatures and 127 letters during the first public hearing and she requests that these be made a part of this meeting. Mrs. Perkins stated they have seen several plans presented, but none of the plans have been in complete compliance with good zoning practices to provide a transitional area of low density housing to act as a buffer between the residential development and the high density area and the commercial area. She stated the homeowners would be content with the current zoning if this buffer could be provided. She stated the homeowners request that the Council support the decision of the Planning and Zoning Commission and deny the rezoning request as presented. Mayor Samuels inquired the type of buffer the homeowners prefer. Mrs. Perkins stated they prefer a row of single family residences between their homes and the high density apartments. Mayor Samuels stated there has been some talk that HUD will develop this property if this rezoning request fails, and inqu red of Mrs. Perkins what her feelings were on this type of development. Mrs. Perkins stated they do not want this type of development immediately behind their homes. Mr. McFarland stated the petiions presented prey ously will be carried forward to this meeting. Mr. Bern Perkins inquired if the HUD development would not also have to go before the Planning and Zoning Commission and the City Council. Mayor Samuels stated they would not because the property is presently zoned "R -3" low density zoning, and HUD projects are developed in low density zoning. (Page Five, Regular Meeting, Euless City Council, October 28, 1980) Mr. Perkins inquired if "R -3" is zoning for duplexes and single family attached development. Mr. McFarland stated "R -3" zoning is desig- nated as multi - family with a density not to exceed twelve units per acre. In reply to a question from Mr.Perkins, M r . McFarland stated the property i s presently zoned "R -3" and the C i t y w i l l have no oversight, nor would it be consulted, if someone wanted to develop the property as it is presently zoned, except for the issuance of the building permit. He stated the property as presently zoned, could be developed with more apartments nits than is being requested in the rezoning tonight. Mr. Eugene Fiaconne inquired who would be responsible for the maintenance of the berm that is proposed. Mayor Samuels stated the City w i l l accept the park site and will be responsible for the maintenance of the park, but the owner of the development w i l l be responsible for maintenance of the berm. Mr. Fiaconne inquired if HUD can build apartments on the portion of the property that is zoned commercial. Mrs. McCormick stated that only 5.1 acres is presently zoned commercial and the rest of the property is zoned "R -3 ". Mr. Charles Morris, 206 Sixpence, inquired how HUD can build in "R -3" zoning if Mr. Welch stated that it is economically unfeasible for his client to build in "R -3" zoning. He further stated that the property on the north of the creek is being developed with some single family, as well as multi - family, He stated he feels that there ample apartments being built in this area and he would like to see a more orderly growth of the city. He f u r t h e r i n q u i r e d the a n t i c i p a t e d r e n t a l fee t h a t w i l l be charged on the apartments. Mr. Welch stated that the rental fee on the one bedroom apartments w i l l be between $320.00 and $340.00 per month. He stated when he referred to a high quality apartment complex, he was referring to high income families, as compared to low income families. He stated the proposed developer of this property will have a twenty year loan at fourteen percent (14 %) interest, whereas HUD wi l l have a forty year loan at seven and one -half percent (73 %) interest, which will allow HUD to build a lesser density apartment complex, Mrs. McCormick inquired what percent of the apartments w i 1 1 be one bedroom. Mr. Welch stated five percent of the apart- ments wi l l be three bedroom, forty percent to forty -eight percent wi l l be two bedroom, and the remainder w i l l be one bedroom apartments. Mayor Samuels inquired if there were any other questions. There being none, he declared the public hearing closed. 2 (Page Six„ Requl ar Meet inq, Euless City Council, October 28, 180) Mr. Walker moved to concur with the re= commendation of the Planning and Zoning Commission and deny Zoning Case No. 320. Mr. Pippin seconded the motion and the vote is as follows: Ayes: Messrs. Walker, Pippin, and Sternfels Nays: None Abstain: Mrs. McCormick Mrs. McCormick stated she abstained because for the l a s t two weeks she has been i l l and has had an eye operation and has not been able to do all the required reading on the zoning case. She stated this is the first time she has abstained since she was elected to the council, except for conflict of interest, Mayor Samuels declared the motion carried. V, ORDINANCE NO. 645 VACATING AND ABANDONING A UTILITY EASEMENT ON LOT 38, BLOCK 4, PARKWOOD ADDITION Mr. Pippin moved to suspend the requirement of two seperate ordinance readings and approve Ordinance No. 645 on first and final reading, vacating and abandoning a utility easement on Lot 38, Block 4, Parkwood Addition. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Pippin, Walker, Sternfels, and Mrs. McCormick Nays: None carried. ADJOURNMENT adjourned at 9:00 p.m. ATTEST : /s/ Della Houy Mayor Samuels declared the motion VI. There being no further business, the meeting APPROVED: /s/ Harold D. Samuels Mayor City Secretary