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HomeMy WebLinkAbout1980-08-05 Regular Meeting Planning and Zoning Commission August 5, 1980 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:33 p.m. in the Council Chambers of Euless City Hall by Acting Chairman Bob Williamson. Other members present were Messrs. Ralph Gibson, Robert McMillon, Carl Tyson, and Robert McMillon. Members absent were Chairman John Deithloff and Mrs. Helen Lightbody. Also present were Director of Planning and Development Kent Flynn and Recording Secretary Becky Null. VISITORS Visitors in attendance were Messrs: James Knight, Jack Connell, Robert Hill, Don Edwards, Bern Perkins, John Gucywa, Charles Morris, Wayne Vice, Andy Byles, Lonnie Sibbett, Gary Clausen, G. T. Parker, Ed Major, R. G. Irvin, William Kirby, Gene Welch, Ronald Adkison, Ron Sternfels, C. P. Shelby, Jr. , Calvin P. Shelby, III, and Mesdms: Assunta Connell, Anita Hill, Kaye Perkins, Linda Hill, Gina Morris, Leona Sibbett, Barbara Darr, Karen Major, Gloria Kirby, and Margaret Adkison. INVOCATION The invocation was given by Mr. Bob Eden. APPROVAL OF MINUTES Mr. McMillon made a motion to approve the minutes of the regular meeting dated July 15, 1980, as written. Mr. Gibson seconded the motion and the vote was as follows: Ayes: Messrs. McMillon, Gibson, Tyson, Eden and Williamson Nays: None Acting Chairman Williamson declared the motion carried. I. ZONING CASE 319 - REQUEST OF MR. C. P. SHELBY FOR CHANGE OF ZONING FROM "C-2" TO "C-2" WITH "SP" FOR COMMERCIAL AMUSEMENTS AT #88 WILSHIRE VILLAGE SHOPPING CENTER Page Two, Regular Meeting, Planning & Zoning Commission, August 5, 1980 IC) Acting Chairman Williamson opened the public hearing and explained that the proponents would be heard first and then opponents. Mr. C. P. Shelby, 5004 Nevada Trail, Fort Worth, stated that he is requesting a specific use permit that would allow him to continue operating his amusement center. He stated that he operates a clean place. He stated that he or his son is in the place at all times. Acting Chairman Williamson asked Mr. Shelby if he had received a copy of the letter from Mr. Kent Flynn and whether he had any problems with the letter. Mr. Shelby stated that he had received a copy of the letter and that it pretty well explained the situation. Acting Chairman Williamson read the letter dated August 1st, and it is made a part of the minutes. Mr. Tyson asked Mr. Shelby if he had any rules that he went by in the operation of his establishment. Mr. Shelby stated that he does not allow any alcoholic beverages, gambling, chewing or dipping, or loitering inside or out. He stated that he requires shirts to be worn. Mr. Tyson asked about the hours of operation. Mr. Shelby stated that during the summer, they are open from 12 noon until 10:30 p.m. He stated that during school the hours will be from 2:00 p.m. to 10:30 p.m. during the week. He stated that on Saturday they are open from 11:00 a.m. to 12:00 p.m. and on Sunday from 11:00 a.m. until 10:00 p.m. Mr. Williamson asked if there were any more proponents. There being none, he asked for any opponents. There being none, he declared the public hearing closed. Mr. Eden stated that since this is a specific use zoning request, there needed to be some requirements attached to the zoning to insure that the amusement center would continue to be operated in the same manner as it is presently. Mr. Tyson asked Mr. Shelby if he had a rule against smoking. Mr. Shelby stated that he furnished ashtrays. Mr. Tyson asked if the floor was carpeted. CMr. Shelby stated that there is asphalt tile on the floor. Page Three, Regular Meeting, Planning & Zoning Commission, August 5, 1980 Mr. Tyson stated that he agrees with Mr. Eden that some of the rules that Mr. Shelby has now should be tied to the zoning case. Mr. Tyson asked Mr. Shelby if he had any signs posted that explained the rules. Mr. Shelby stated that they do have a sign in front that states that alcohol, chewing or dipping and loitering are not allowed. Mr. Tyson asked Mr. Shelby if he had a sign stating that gambling is not allowed. Mr. Shelby stated that he does not have a sign stating such, and that he has never had a problem with people gambling in his establishment. Mr. Tyson made a motion to recommend approval of Zoning Case #319 subject to the following: 1. No gambling permitted. 2. No possession or consumption of drugs or alcohol permitted. 3. No abusive or foul language permitted. 4. Shirts are to be worn. 5. No standing, congregating or loitering of more than three persons on the exterior of the premises in excess of 30 consecutive minutes. 6. Signs to be posted regarding no gambling permitted and no possession or consumption of alcoholic beverages or drugs permitted. Signs to be posted on the outside regarding no standing, congregating or loitering permitted. Mr. Eden seconded the motion and the vote was as follows: Ayes: Messrs. Tyson, Eden, McMillon, Gibson and Williamson Nays: None Acting Chairman Williamson declared the motion carried. II. ZONING CASE 320 - REQUEST OF GENE WELCH FOR CHANGE OF ZONING FROM "C-1" AND "PD" ("R-3" DENSITY) TO "C-1" AND "R-5" WITH "CUD" (CONFORMING HOUSING) ON TRACTS 1B2, 6A1 & 6D1, A. J. HUITT SURVEY, A-705, AND TRACT A, SOMERSET PLACE ADDITION LOCATED NORTH OF EAST MIDWAY DRIVE AND EAST OF NORTH MAIN STREET Acting Chairman Williamson opened the public hearing and explained that the proponents would be heard first and then opponents. Page Four, Regular Meeting, Planning & Zoning Commission, August 5, 1980 CMr. Gene Welch, 7218 Alexander, Dallas, stated he represents the owners and the prospective owners. He stated that they are requesting to increase the existing "C-1" property by an additional 100 feet in depth, and the remaining property is to be utilized for apart- ments. He stated that there will be approximately 4.3 acres used for the commercial area, 3.815 acres that will be dedicated to the City as a park, and 22 acres used for the apartments. He stated that the density would be about 18 units per acre. He stated that they plan to have a street as part of the development that would allow access to the park. He stated that they plan to have a shopping center with a major grocery store, a title company, savings & loan, restaurant, drug store, variety store, cleaners, dress shops, etc. , that have already signed up for lease space. He stated that there would be approximately $120,000 in taxes from the shopping center and approxi- mately $120,000 to $130,000 in taxes to the City from the apartments. Acting Chairman Williamson asked if there were any more proponents. There being none, he asked if there were any opponents. Mr. Robert Hill, 301 Sixpence, stated that most of the property owners in the vicinity feel that this zoning request will lower the value of their property. He stated he did not feel that the owners in Canada were real interested in the City of Euless. He stated that there would be a lot of problems caused by the increased density. He stated that because there is a future school proposed for the area, there will be an increase in traffic. Acting Chairman Williamson asked if there were any more opponents. Mr. Charles Morris, 206 Sixpence, stated he checked into the zoning of that property when he purchased his home a year ago. He stated that if it had been zoned "R-5", he would not have bought the house. He stated there is ample multi-family zoning in this area and in the City, and sees no reason to change the zoning until the present apartments are filled up. Acting Chairman Williamson asked if there were any more opponents. Mrs. Kay Perkins, 305 Sixpence, stated that the homes in her neighborhood are well maintained. She stated that if the "R-3" zoning was retained, she felt that that type of dwelling could be an asset to the neighborhood. She stated that their primary access into the subdivision is Midway Drive, and they want to be able to enter Midway and view equally well maintained duplexes or townhouses that will present a continuity of appearance. She stated she is greatly concerned about the traffic congestion that will occur because of an additional 400+ vehicles using Midway and Main. After talking with citizens in other areas of the City, she gave examples of problems that occurred which included increased Cvandalism, increased traffic congestion, lack of pride of ownership and Page Five, Regular Meeting, Planning & Zoning Commission, August 5, 1980 total apathy toward the community. She stated she is opposed to the zoning change because of the previously mentioned reasons and also because most of the homeowners in her subdivision purchased their homes to escape from the type of apartment environment that is being proposed. Acting Chairman Williamson asked if there were any more opponents. Mr. Jack Connell, 213 Sixpence, stated he and his wife are opposed to the zoning change. He stated there is already a lot of property zoned "R-5" in the area. He stated they are not opposed to construction on this property, but are specifically opposed to the "R-5" zoning. He stated that this zoning change is a complete disregard to the good planning that has been set up. He stated his concern about the zoning change being approved and then the owners decide not to build, and at a later date, having the density increased from 18 to 24 units per acre. Mr. Jack Connell presented a petition with 263 signatures and 117 letters from the property owners in the subdivision who are opposed to the zoning change. Mr. Flynn explained that zoning law states that if 20% of the property owners that live within 200 feet of the proposed zoning change sign a petition, a 3/4 vote of the City Council is required to approve the change. Acting Chairman Williamson asked if there were any more opponents. Mr. Bern Perkins, 305 Sixpence, asked Mr. Welch why the park in this zoning request is necessary when there is a park across the street at Midway and Main. Mr. Welch stated that it is not their idea for the City park. He stated that it is a drainage area and the Park's Department made it known that they would like to have it for a park. Acting Chairman Williamson stated that the property adjacent to the north along the creek was dedicated as a park also. Mr. Connell asked who actually owns the property. Mr. Welch stated that a company in Canada owns the property and is selling to a company in Dallas. He stated that the School District stated that there will probably not be a school built on the site in that area. Mr. Robert Hill stated his concern regarding children, etc. , using the vacant field proposed for a future school site. C Page Six, Regular Meeting, Planning & Zoning Commission, August 5, 1980 CMr. Tyson asked Mr. Flynn to explain the questions raised regarding the density. Mr. Flynn stated the "CUD" is a special type of zoning and a site plan is required. He stated there is a note on the site plan stating that there may be 420 units, and that would be the maximum number of units allowed if this zoning case is approved. He stated that if the zoning case is approved, it would have to be developed according to the site plan presented. Acting Chairman Williamson stated that if the zoning case were approved the property owners would not have to worry about someone else developing the property at a later date with a higher density. He stated that if a developer wanted to build something other than what was approved with the site plan, he would have to get new zoning. Mr. Tyson stated that he did not have enough time to properly study this site plan since the Commission did not receive it until 7:00 p.m. tonight. He stated he is also concerned about the density. Mr. Eden stated he is also concerned about the density because of the proposed single family attached housing to the north and the residences to the south of the subject property. He stated he felt that City Staff should have been given an opportunity to advise the Commission of their review of this site plan, but were not given this oppor- tunity since the site plan came in just tonight. He stated at this point he could not recommend approval of this zoning case. Acting Chairman Williamson asked Mr. Welch if he would consider "R-3" density. Mr. Welch stated that economically "R-3" is not workable due to $25,000 development cost and $50 a square foot for apartments. He stated the apartment rents would have to be twice as high as they are now. He stated they could possibly reduce the density on the western portion to "R-3" if they could increase the eastern portion to 26 units per acre. He stated that all they are asking for is approximately two units over the "R-4" density. Mr. Eden stated he feels obligated to the property owners who purchased homes knowing that the subject property was zoned "R-3" and then having the property rezoned to a higher density. Mr. Tyson asked Mr. Welch if there was a way to work with the property to provide a buffer zone that would be adequate to protect the residences to the south, such as was done to the property to the north. Mr. Welch stated he did not think the C developer would be able to do it because that would be nearly half of the property. He reminded the Commission that they are proposing a shopping center that will be advantageous and are giving four acres to the City for a park. Page Seven, Regular Meeting, Planning & Zoning Commission, August 5, 1980 Mr. Tyson stated that he has expressed his feelings, and if Mr. Welch could work out a lower density and give Staff time to review it, he could consider it further. He stated other- wise he was not in favor of the project at all. Mr. Flynn stated that with a "CUD", the density is based on the entire area that is being rezoned and divided by 420 units over the total acreage. He stated that if the western portion of the property were reduced to 12 units per acre, that would leave approximately 330 units on the remainder of the property. He stated that the problem is that the developer still has to maintain the minimum lot area sizes according to the zoning requirements. He stated that those could be reduced by no more than 25% because of the green space. He stated that is why Staff would need to review it to see if that was even possible. Mr. Eden stated that he did not believe the Commission would be doing Mr. Welch a favor by tabling this if they are not in favor of the density. Mr. McMillon agreed stating that the only advantage to tabling the case is if Mr. Welch felt he could come back with a lesser density than presented tonight. Mr. Flynn stated the only advantage would be if the developer was to work these things out and present them to Staff so Staff could review it. He stated he has his doubts as to whether or not the density could be reduced, because as he understands it, the developer wants 420 units on that land. He stated that the developer is just talking about rearranging where the units are put, and there is a limit to what can be done with that. Mr. Eden made a motion to recommend denial of Zoning Case #320. Mr. McMillon seconded the motion. After additional discussion, Acting Chairman Williamson noted that the public hearing had not been closed and asked that the motion be reworded to include the closing of the public hearing. Mr. Eden amended his motion to close the public hearing and recommend denial of Zoning Case #320. Mr. McMillon seconded the amended motion and the vote was as follows: Ayes: Messrs. Eden, McMillon, Tyson, Gibson and Williamson Nays: None Acting Chairman Williamson declared the motion carried. Page Eight, Regular Meeting, Planning & Zoning Commission, August 5, 1980 III. ADJOURNMENT There being no further business, the meeting adjourned at 9:00 p.m. Z44 I dia;XIA4/'3 Chairman C