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HomeMy WebLinkAbout1979-08-07 Regular Meeting Planning and Zoning Commission August 7, 1979 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:55 p.m. in the Council Chambers of Euless City Hall by acting Chairman Carl Tyson. Other members present were Messrs. Chris Jones, Bob Williamson, Bob Eden, and Mrs. Helen Lightbody. Absent were Messrs. John Deithloffoand Neal Adams. Also present were Director of Planning and Development Kent Flynn and recording secretary Becky Gunter. VISITORS Visitors in attendance were Messrs. James Pierce, John Curry, Walter Elliott, K. E. Cromer, M. L. Arthur Sr. , Clovin Harlan, L. C. Shuffler, Ray S. Shannon, Vernon G. Robertson Jr. , Stan Reeves, Daryl Collins, F. M. Winter, Troy Fuller, Larry Reed, Rick Barnes, Gordon S. Swift, Joe Howell , M. Paul Spain, R. M. Rudolph, Ron Haynes, David Bagwell , Max Fickin and Mesdms. Willie Mae McCormick, Elizabeth Wilcox, M. L. Arthur Sr. , Eva Harlan, Willie Mae Giddens, Patricia Shannon, Teresa Robertson, Marilyn Smith, Beth Reeves, Beatrice Collins and Kay Reed. INVOCATION The invocation was given by Mr. Eden. APPROVAL OF MINUTES Mr. Eden made a motion to approve the minutes of the regular meeting dated July 3, 1979, as written. Mr. Jones seconded the motion and the vote was as follows: Ayes: Messrs. Eden, Jones, Tyson, Williamson & Mrs. Lightbody. Nays: None Acting Chairman Tyson declared the motion carried. (Page Two, Regular Meeting, Planning & Zoning Commission, August 7, 1979) 1 . PUBLIC HEARING - ZONING CASE 291 . REQUEST OF JOHN CURRY FOR FIRST ASSEMBLY OF GOD CHURCH FOR CHANGE OF ZONING FROM "C" CHURCH AND "R-1" SINGLE FAMILY TO "R-2" TWO FAMILY DWELLING WITH "SP" SPECIFIC USE PERMIT FOR A DAY CARE CENTER ON LOTS 23, 24, 25, AND A PORTION OF LOT 3, BLOCK 9, CEDAR HILLS ESTATES LOCATED WEST OF SOUTH MAIN STREET, EAST OF HENSLEE DRIVE, SOUTH OF WHITENER ROAD, AND NORTH OF SUNSET DRIVE. Acting Chairman Tyson stated the rules of a public hearing; proponents will be heard first, and then opponents. He opened the public hearing. Mr. John Curry of the First Assembly of God Church stated they want to open a day care center at the church. He stated it would be beneficial to new people in the area. Acting Chairman Tyson asked Mr. Flynn to post a vicinity map showing the area requested to be rezoned. Mr. Flynn did so and stated that Lots 12 and 13 and also Lots 19-26 belong to the church as well as hot 3 on Henslee Drive. Acting Chairman Tyson asked if Lot 3 was presently a parsonage. Mr. Curry stated it is the parsonage. Acting Chairman Tyson asked what he planned to do with the remaining half of Lot 3. Mr. Curry stated it would be used as a play area. The children would be rotated in shifts in the afternoon. Acting Chairman Tyson asked how many children would be there at a time. Mr. Curry stated he estimated 25 at a time. Mr. Jones asked what hours they would be playing out there. C Pa•e Four Re•ular Meetin• Plannin• & Zonin• Commission Au.ust 7 19 9 Mr. Harlan of 853 Henslee Drive stated he is against the rezoning because it is next door to him. He works at night and sleeps during the day. He also thinks it would depreciate his property. Acting Chairman Tyson asked Mr. Harlan if he $s only opposed to rezoning the portion that goes onto Henslee Drive. Mr. Harlan stated that was correct. Mr. Shannon of 859 Henslee stated he has three petitions signed to present to the commission. Acting Chairman Tyson stated there are some legal aspects and asked if he had talked to anyone at the City. Mr. Shannon stated he had tried. He stated he had signatures of property owners of Lots 1-26, with exception of the lot which is the church's and also Lot 6. Acting Chairman Tyson asked if he was primarily opposed to the playground area into the residential area. Mr. Shannon stated this is correct. He asked Mr. Curry if the parsonage restrooms would be used by the kids. Mr. Curry stated it would not. Mr. Shannon asked if the fence would come down between Lots 23 and 24. He further asked where the children would enter and exit through the church. Mr. Curry stated the children would get to the play area on Lot 3 by way of a sidewalk between the fence and the church. The existing fence, which has a gate between the church and the pro- posed play area, would remain as is. Acting Chairman Tyson asked if another fence between house and playground area is proposed. Mr. Curry stated they plan to put in a wooden fence between the play area and parsonage, thereby surrounding the play area. The fence will have a gate into the parsonage area, but will not be used by the kids. Mr. Shannon stated he is very con- cerned about the additional traffic that would be created by the nursery school . C (Page Five Regular Meeting, Planning & Zoning Commission, August 7, 1979) Teresa Robertson of 909 Henslee stated the electrical easement runs right through that property and she would like to know what will be done about this. Acting Chairman Tyson stated that would be up to the state law that regulates that, but generally the easement is only five feet on each side of the property line. They will not be playing right on the easement. Mr. Robertson stated the only side- walks they have in that area are located on the east side of Main Street. There are none on the west side of Main Street until you get down in front of the school . Beth Reeves of Lot 9, Block 9, Henslee stated she is opposed because the day care center would further aggra- vate already bad traffic problems and also devalue her property. Larry Reed of 857 Henslee stated he has had trouble with people in church throwing trash into his yard, climbing his fence and aggravating his dogs. He is opposed to having children anywhere on the block. Darrell Collins of 905 Henslee stated he purchased his home in a residential area. Anything other than that offends him. He is also concerned about traffic. Beatrice Collins of 905 Henslee stated she is opposed to the day care center because of the traffic and is con- cerned about her own children' s safety. Willie Mae Giddens stated she lives directly across from the parsonage and wants to know if children would be allowed to go in directly through the parsonage. Mr. Curry stated the children would be let out at the south end of the building and be picked up at the same place as they have to sign in and out. Therefore, the children would not be in the parsonage at any time. Mrs. Giddens stated she is against rezoning Lot 3. Acting Chairman Tyson declared the public hearing closed. Discussion. Mr. Eden asked Mr. Curry how important Lot 3 is to the day care facilities. (Page Six, Regular Meeting, Planning & Zoning Commission, August 7, 1979) Mr. Curry stated alternate provisions could be made without it if necessary. Acting Chairman Tyson asked if it would be possible to move the play ground to a portion of the lot next to the church. Mr. Williamson asked if the state would require a grassy area in which to play. Mr. Curry stated they would not. Acting Chairman Tyson asked how many feet of playground area the state required. Mr. Curry stated there is no specific amount of outside play area required. The only requirement is that adequate area be provided to allow each child a certain amount of play time outdoors. Mr. Williamson asked if there would be school age children. Mr. Curry stated there would be. Acting Chairman Tyson asked Mr. Curry if he would be satisfied with rezoning Lots 23, 24, and 25 olily. Mr. Curry stated he would be. Acting Chairman Tyson requested the land use summary to be made a part of the minutes. Mr. Jones made a motion to recommend denial of the zoning request as presented. The motion failed due to lack of a second. Mrs. Lightbody made a motion to recommend approval of change of zoning from "C"CChurch & "R" Single Family to "R-2" Two Family dwelling with "SP" Specific Use Permit for a day care center on only Lots 23, 24, & 25, Block 9, Cedar Hills Estates. Mr. Flynn stated a revised metes and bounds description of Lots 23, 24, & 25 will be required prior to the City Council public hearing. Mr. Eden seconded the motion and the vote was as follows: C (Page Seven, Regular Meeting, Planning & Zoning Commission, August 7, 1979) Ayes: Mrs. Lightbody, Messrs. Eden, Tyson, & Williamson. Nays: Mr. Jones Acting Chairman Tyson declared the motion carried. Acting Chairman Tyson stated the petition would be forwarded to the City Council . II . CONSIDER PLATTING - REPLATTING LOTS 1 AND 8, BLOCK 1 OF WILSHIRE VILLAGE SQUARE AND LOTS 1 AND 2, BLOCK 2, OF WILSHIRE VILLAGE ADDITION INTO LOTS 1R AND 2R, BLOCK 2, AND LOTS 1R AND 8R, BLOCK 1 , WILSHIRE VILLAGE SQUARE LOCATED EAST OF WILSHIRE DRIVE, NORTH OF KYNETTE STREET, AND WEST OF YORKSHIRE COURT Mr. Elliott, with the firm of Elliott & Hughes Engineering, stated he is representing Euless Development Corp. in their request for the replatting of Lots 1 and 8, Block 1 , of Wilshire Village Square and Lots 1 and 2, Block 2, of Wilshire Village Addition. The replat invcblves the relocation of the north property line of Lots 1 and 2, Block 2, of Wilshire Village Addition, from its existing location to approximately one foot onto Lots 1 and 8, Block 1 of Wilshire Village Square. Mr. Elliott stated that all property owners involved are in agreement to the replat and the subject six inches to one foot will be deeded to the appropriate property owner after platting. Acting Chairman Tyson stated the replat also involved incorporating the two lots now in Wilshire Village Addition into Wilshire Village Square. Mr. Flynn stated this is correct. Acting Chairman Tyson requested the City staff letter of August 3, 1979, be made a part of the minutes. Mr. Jones made a motion to recommend approval of the replatting of Lots 1 and 8, Block 1 , of Wilshire Village Square and Lots 1 and 2, Block 2, of Wilshire Village Addition into Lots 1R and 8R, Block 1 , and Lots 1R and 2R, Block 2 of Wilshire Village Square, as requested. Mrs. Lightbody seconded the motion and the vote was as follows: 11:) (Page Nine, Regular Meeting, Planning & Zoning Commission, August 7, 1979) several other items he would like to discuss. Since the Arco pipeline easement cannot be built upon, the lots will back up to the easement. He stated Crow- Development has the majority of the property for which preliminary platting is re- quested under contract. The portion which is not under contract is that presently occupied by Mr. and Mrs. W. W. McCormick. They will be attempting to preserve as much of the natural beauty of the property as possible, specifically the old pecan trees. It will , however, be necessary to fill in the three lakes located on the property. He stated they desire to alter the original location of Cheek Sparger Road as indicated on the City's thoroughfare plan. The proposed location would be within the T. P. & L. right-of-way, thereby utilizing unusable easement and preserv- ing taxable land. This would, therefore, not only be less expensive for the de- veloper, but also provide additional revenue for the City. It would also serve as a divider between the higher density, less expensive homes north of Cheek Sparger Road and the larger, more expensive homes south of Cheek Sparger Road. Acting Chairman Tyson requested the City staff letter of August 3, 1979 be made a part of the minutes. He stated item one of the letter refers to the difference in cost between an eight-inch and ten-inch pipe from the TRA line to Cheek Sparger Road along Crooked Root Road and Blossom Lane and Knotty Pine Road. Mr. Bagwell stated they intend to do whatever is required by the City ordinances. They have no objection to this item. Acting Chairman Tyson stated item two refers to the actual paving of, or escrow of minies sufficient for, the design of half of a thirty-seven foot road back of curb to back of curb for Fuller-Wiser Road. Mr. Bagwell stated he does not believe this is an item for consideration at this time as preliminary platting is merely approval of the general design of the land. This item will be governed by City as well as State laws and, therefore, they will provide paving or escrow monies accordingly. Mr. Flynn stated monies would need to be escrowed prior to final platting. These items are mentioned at this time merely to make the developer aware of ordinances and prevent any potential problems. Acting Chairman Tyson stated item three concerns the requirement of a letter from the developer of Bear Creek Estates stating he agrees to match the realignment of Cheek Sparger Road as proposed by the Crow-Euless preliminary plat. He stated he has discussed this with the developer of Bear Creek Estates, who has stated his verbal agreement. However, a written agreement has not been consummated at this time. Mr. Elliott stated he has met with Messrs. Reaves and Bagwell . Mr. Reaves' general comment was that he is willing to review the realignment proposal and make the adjustment, provided it does not inflict a hardship on his development. Mr. Elliott stated they do not anticipate a problem and that Mr. Reaves is looking forward to the proposed development being constructed. Acting Chairman Tyson stated the written agreement would be required prior to final platting. (Page Eight, Regular Meeting, Planning & Zoning Commission, August 7, 1979) Ayes: Mr. Jones, Mrs. Lightbody, Messrs. Eden, Tyson and Williamson Nays: None Acting Chairman Tyson declared the motion carried. III . CONSIDER PLATTING - FINAL PLATTING OF ALEXANDER & CULLUM ADDITION, LOTS 28R-1 AND 28R-2 LOCATED EAST OF SOUTH MAIN STREET, NORTH OF HWITT LANE AND WEST OF CULLUM DRIVE Mr. Elliott, with the firm of Elliott & Hughes Engineering, stated he is representing Mr. K. E. Cromer and Mr. Marvin Arthur in their request for final platting of Lots 28R-1 and 28R-2 of Alexander & Cullum Addition. He asked if there were any questions. Acting Chairman Tyson requested the City staff letter of August 3, 1979, be made a part of the minutes. He asked the type of building to be constructed on the lots. 41) Mr. Elliott stated they will be single family residences. Mr. Eden made a motion to recommend final plat approval of Lots 28R-1 and 28R-2 of Alexander & Cullum Addition as requested. Mr. Jones seconded the motion and the vote was as follows: Ayes: Messrs. Eden, Jones, Tyson, Williamson, and Mrs. Lightbody Nays: None Acting Chairman Tyson declared the motion carried. IV. CONSIDER PLATTING - PRELIMINARY PLATTING OF WOOD HILL ADDITION LOCATED EAST OF MAIN STREET, NORTH OF BEAR CREEK, AND WEST OF FULLER-WISER ROAD Mr. Bagwell stated he is representing the developer, Crow Development Co. , in their request for preliminary plat approval of Wood Hill Addition. He stated Crow Development Co. has been involved in extensive development of residential as well as retail in the area. He stated their engineering firm, Spain-Ayres, which has a local office in Dallas, has conducted extensive flood plane studies and is, therefore, very qualified in this area. Although the southern portion of the addition is subject to flooding, after the completion of extensive studies by Spain-Ayres, they feel about half of the area can be reclaimed for residential development by channelization, filling in, etc. He stated there are 4110 (Page Ten, Regular Meeting, Planning & Zoning Commission, August 7, 1979) Mr. Bagwell stated if the requested realignment of Cheek Sparger Road is not approved, the utilization of only a small portion of the property would be lost. Acting Chairman Tyson stated he under- stands there has been a change in item 4(a) . He read the existing item 4(a) as follows: "The developer will be required to dedicate 132' of R.O.W. for Cheek Sparger Road in order to conform with State design requirements and T.P. & L. requirements of 40' median for their transmission towers. Where the developer's property abuts the proposed R.O.W. on only the south side, the developer will be responsible for obtaining and dedicating half of the 132' R.O.W. , or 66' . If Cheek Sparger is not developed according to State plans as a "Primary Arterial", then the City will refund 24' of R.O.W. where this development bounds only the southern side of Cheek Sparger." Mr. Flynn stated that after consulting with the City Attorney, item 4(a) has been revised as follows: ". . .Where the developer's property abuts the proposed R.O.W. on only the south side, the developer will be required to work out the acquisition 41) of the necessary R.O.W. to the satisfaction of the City staff.". . . Acting Chairman Tyson requested Mr. Bagwell to point out the R.O.W. in question which Crow Development does not own at this time. Mr. Bagwell indicated said R.O.W. He stated the right-of-way on this portion of the property is owned by the neighbor to the north which means that Crow Development does not own half of the R.O.W. for Cheek Sparger on this boundary with the neighbor to the north. Acting Chairman Tyson stated Crow De- velopment, then, would be responsible for acquiring the R.O.W. from the property owner to the north. Mr. Flynn stated that they would be required only to work out the acquisition of said R.O.W. to the satisfaction of the City staff. Mr. Bagwell stated that they would do their utmost to comply. Acting Chairman Tyson stated that he felt that this was the best location for Cheek Sparger and believes that the City staff will work with Mr. Bagwell in working this out. Mr. Bagwell replied that not only had the staff worked with them to this point, but they worked with them in a very timely fashion which is perhaps the one thing they appreciate more than anything else; being able to work on these things quickly. He stated the staff has done this and they appreciate it; he feels sure the staff will continue to do so. (Page Eleven, Regular Meeting, Planning & Zoning Commission, August 7, 1979) Acting Chairman Tyson stated item 4(b) concerns the pavement and installation of curb and gutter. Mr. Bagwell stated this is a matter of physical construction and who is responsible will be determined by the City ordinances. He further stated they intend to later seek an accomodation from the City in regard to Cheek Sparger Road. He questions whether or not Cheek Sparger will ever become a major thoroughfare for several reasons. He understands that the State is involved in improving Cheek Sparger on the western side of the county. The cost involved to extend Cheek Sparger to the west would be extensive due to the bridging necessary across Little Bear Creek. Also, he feels it will be a considerable time before Cheek Sparger is ultimately extended east of Fuller-Wiser. Because of this indecision about Cheek Sparger becoming a major thoroughfare, he does not feel the indicated road improvements is necessary but rather just the dedication of the R.O.W. Mr. Flynn stated that although this is a matter of construction, construction matters and preliminary platting are inter- related. The staff just wants the developer to be aware of the ordinance require- ments. He further stated that the special considerations that might be due Cheek Sparger relate to its questionable future as a part of a State improvement program. Any considerations given this question are up to the City Council . The history of Cheek Sparger reveals that the City has gone on record in the past that Cheek Sparger is on the Thoroughfare Plan as a thoroughfare and, therefore, will be required at the time of final platting to be improved to meet thoroughfare standards. The actual location of Cheek Sparger Road will be determined by the City Council and the ordinances referred to in the staff comments, which, of course, can be changed by the City Council if they choose to. Mr. Bagwell stated that this property has both problems and advantages and the development of this road is a critical issue. He further stated that they will need some help in developing this property and they will do whatever they are required. Acting Chairman Tyson stated item 4(c) is along the same line as 4(b) which has already been discussed. He stated item five concerns the drainage requirements. Mr. Bagwell stated the City's Engineer, Mr. Flowers, feels the preliminary plat is acceptable. Any drainage improvements necessary, as mentioned in item five, will be provided. He stated he has no ob- jection to item six. Acting Chairman Tyson requested Mr. Flowers ' letter of August 1 , 1979, referred to in item seven to be made a part of the minutes. Mr. Bagwell stated Mr. Spain will answer any questions concerning the drainage system referred to in item seven. Mr. Spain stated if the pipes crossing the streets that serve as culverts were up-sized to accommodate a twenty-five year storm frequency, as normally required by the City, it would cause a safety hazard to the children in the neighborhood. 4101) (Page Twelve, Regular Meeting, Planning & Zoning Commission, August 7, 1979) Acting Chairman Tyson stated item eight refers to the two possible locations of North Main Street in an effort to save the large pecan trees. Mr. Bagwell stated he feels one of the two options will be satisfactory. Mr. Eden stated the City Council will decide which option is preferred. Acting Chairman Tyson stated item nine has been discussed. Mr. Bagwell stated they intend to change the name of the development, as well as the street names. These names were hastily decided upon to allow the submission of the plat. Mr. Eden made a motion to recommend pre- liminary plat approval of Wood Hill Addition subject to the City staff letter. Mrs. Lightbody seconded the motion. Acting Chairman Tyson asked about the pre- liminary platting of that portion of Wood Hill presently occupied by Mr. and Mrs. McCormick. He asked if Crow Development Co. can legally plat property which they do not own, or at least have under contract. Mrs. McCormick stated they have an agreement with Crow Development Co. that when the property is sold, Crow Development will have the option of purchasing it. Mr. Flynn stated he will consult with the attorney about this. However, he feels the preliminary plat can include the portion of Wood Hill not under contract. Mr. Bagwell stated the final plat will not include that portion of the property. Mr. Eden amended his motion to reflect the amended item 4(a) of the City staff letter and to add the stipulation that approval be subject to the City attorney's decision concerning the legality of preliminary platting that portion of the development not under contract. Mrs. Lightbody accepted the amendment and the vote was as follows: Ayes: Mr. Eden, Mrs. Lightbody, Messrs. Tyson, Jones, and Williamson Nays: None 410) Acting Chairman Tyson declared the motion carried. 41;) (Page Thirteen, Regular Meeting, Planning & Zoning Commission, August 7, 1979) V. CONSIDER PLATTING - PRELIMINARY PLATTING OF EULESS MAIN PLACE LOCATED SOUTH OF EAST MIDWAY DRIVE, EAST OF NEWPORT WAY, AND NORTH OF TOWN CREEK DRIVE Acting Chairman Tyson stated the City staff has been working with Mr. Waite concerning this development. Mr. Elliott stated he is representing Mr. Waite, president of Euless Main Development Co. , in his request of preliminary platting of Euless Main Place. He stated he has received a copy of the City staff letter and has no objections to any of the items; they will do whatever is required by the City. Acting Chairman Tyson requested the City staff letter to be made a part of the minutes. He further requested the City Engineer's letter of July 30, 1979, to be made a part of the minutes. Acting Chairman Tyson inquired about the legality of dumping water on adjacent property as referred to in item three of the City staff letter. Mr. Flynn stated the adjacent property owner is aware of this and recently submitted preliminary platting which reflected this. Mr. Eden made a motion to recommend pre- liminary plat approval of Euless Main Place subject to the City staff letter. Mr. Jones seconded the motion and the vote was as follows: Ayes: Messrs. Eden, Jones, Tyson, Williamson, and Mrs. Lightbody Nays: None Acting Chairman Tyson declared the motion carried. VI . ADJOURNMENT The meeting adjourned at 10:50 p.m. APPROVED: C Chairman