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HomeMy WebLinkAbout1980-05-20 Regular Meeting Planning and Zoning Commission May 20, 1980 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. in the Council Chambers of Euless City Hall by Chairman Carl Tyson. Other members present were Messrs. Robert McMillon, Bob Eden, Bob Williamson, John Deithloff, Ralph Gibson, 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: Ron Haynes, James Knight, John Boyle, Robert Waterman, Herschel Spencer, Gene Welborn, Walter Elliott and Ron Sternfels, and Mesdms: Nell Longfellow, R. J. Gammie, John Boyle, Geraldine Welborn, and Willie Mae McCormick. 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 May 6, 1980, as written. Mr. Williamson seconded the motion and the vote was as follows: Ayes: Messrs. McMillon, Williamson, Eden, Deithloff, Gibson, Tyson, and Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. Chairman Tyson welcomed Mr. Ralph Gibson as the new member to the Planning and Zoning Commission. I. DISCUSSION - CONSIDER RECOMMENDATION ON COUNCIL ACTION REGARDING ZONING CASE 308 - REQUEST OF RON HAYNES FOR CHANGE OF ZONING FROM "R-1" TO "R-2" ON PORTION OF WOODLANDS ADDITION Page Two, Regular Meeting, Planning & Zoning Commission, May 20, 1980 Chairman Tyson stated that at the last 41:) meeting, the Commission heard the platting on this property. He stated that at that time, Mr. Ron Haynes stated that he would be coming back to the Planning & Zoning Commission to request a slightly altered zoning plan for the duplexes. Chairman Tyson further stated that the City Council approved the new zoning arrangement subject to the Planning and Zoning Commission's review and recommendation of approval to the City Council, and that is the reason this case is on the agenda tonight. Mr. Ron Haynes, Crow Development, 2001 Bryan Tower, Suite 3232, Dallas, Texas stated that the new zoning arrange- ment is slightly less than what was previously zoned "R-2", with a total of 18 lots. He stated that at the time the property was rezoned, their plat was not finished and they underestimated the amount of property needed for duplexes. There being no further discussion, Mr. Eden made a motion to concur with the City Council's approval of Zoning Case #308 and recommends that the change be made. Mr. Deithloff seconded the motion and the vote was as follows: Ayes: Messrs. Eden, Deithloff, McMillon, Williamson, Gibson, Tyson, and Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. II. PUBLIC HEARING - ZONING CASE 312 - REQUEST OF ED THOMES FOR CHANGE OF ZONING FROM "R-1" TO "R-5" ON LOTS 15 & 16, RAY SHELTON SUBDIVISION LOCATED WEST OF FULLER-WISER ROAD AND SOUTH OF PROPOSED EAST ASH LANE Chairman Tyson opened the public hearing and stated the rules; proponents being heard first and then opponents. Mr. John H. Boyle, Jr. stated that he is an attorney in Dallas with the firm of Hutchison, Price, Boyle & Brooks, 211 N. Ervay, representing the owners of the property, Nell Longfellow and the applicant of Case 312 requesting a change of zoning from "R-1" single family to "R-5" multi-family on a 19.09 acre tract of property. Mr. Boyle gave a brief history of the property. He stated that the Master Plan designation for the subject tract is Limited Industrial and indicated that his understanding was that since the Master Plan dated back to 1970 that it did not necessarily reflect the most current thinking of the community. He stated that although the property all along the east side of the street is still zoned "R-1" for the most part, and except for a narrow strip, is located in noise zone "B" which is 100-115 decibels, Page Three, Regular Meeting, Planning & Zoning Commission, May 20, 1980 which would lead to the conclusion that the property is not suitable for single family development, as reflected on the noize zone map. He stated that a fairly large tract south of the subject property on the east side of Fuller-Wiser has been zoned "R-5" and is almost entirely in that same noise category. He stated that most of the property to the west was zoned and has been developed for multi-family, and the property owners recognize that Ash Lane is to be extended from west to east within a 60 foot right-of- way. He stated that the property owners, the Longfellows, held this property for 31 years, and at one time they did feel it would be an ideal place to place their permanent residence. He stated, however, that due to various factors such as placement of the airport and the construction of other non single family residential development, it no longer seems practical or in keeping with the City's plan; the proximity of the noise zones, "A" and "B", the existing zoning to the south, west and north, the recent multi- family development to the west and coupled with the overall thinking incorporated in the City's Master Plan even though it is somewhat outdated having been developed in 1970. He further stated that in their judgment this is a reasonable zoning request and is consistent with the City plan and City zoning, and therefore, request approval of this case. Chairman Tyson asked Mr. Boyle if the property is under contract now. Mr. Boyle stated it was. Chairman Tyson asked if the contract is contingent on zoning. Mr. Boyle stated it was. There being no questions from the Commission, Chairman Tyson asked if there were any other proponents that wanted to be heard. There being none, he asked if there were any opponents. There being none, he declared the public hearing closed and open for discussion among the board members. Chairman Tyson stated he thought there needed to be a lot of discussion, that this was a difficult piece of property to work out. He stated that there were pluses and minuses in all directions in his opinion. He stated that there is single family to the north of this project which has some buffer by duplexes. He asked about the drainage on this piece of property. Mr. Flynn stated that there were two drainage draws across this piece of property that come together and feed into the drainage channel that comes across the Woodlands property, and that this will be taken care of at the time of platting. Mr. Eden stated he was concerned about the property off of Fuller-Wiser zoned "PD". He stated that the property was apparently prematurely zoned back when a lot of activity was going on. He asked what type of planned development is proposed and what the City is obligated to as far as that zoning is concerned. Page Four, Regular Meeting, Planning & Zoning Commission, May 20, 1980 Mr. Flynn stated that it is proposed multi-story offices and hotel facility. He stated that it has to be built in accordance to the development plan that was submitted or a new develop- ment plan can be submitted for the same general uses and it would be reviewed by Planning and Zoning and City Council. He stated otherwise no development can happen there until a regular zoning change takes place. Mrs. Lightbody asked Mr. Flynn if he had any statistics as to the amount of multi-family zoning in this area. Mr. Flynn distributed an inventory sheet showing the amount of property zoned for multi-family and the amount of multi-family property developed north of Airport Freeway and for the entire City. (This inventory sheet is made a part of the minutes.) Mr. Eden stated that during a previous multi-family zoning case for this area, the Commission discussed that the area was reaching too high a density and that there was already a maximum amount of "R-5". Chairman Tyson agreed stating that the City is getting a high concentration of people in this area. He stated that the office and hotel has been on the drawing board so long that it will probably not develop, and this "PD" property will probably come back for some type of rezoning. Mr. Deithloff stated that he also thought the "R-5" zoning is too dense. Mr. Eden agreed since there will be "R-2" and "R-1" zoning just north of the subject property. Mrs. Lightbody asked Mr. Boyle if he has a problem with a "PD" or "R-3" zoning. Mr. Boyle stated that with a "PD" the Commission would need to know exactly what the plans are. He stated that he is not ruling it out because he would have to check with his client and the owner of the property, but is just reacting from his own personal judgment. He stated that in this case, they do not have plans and cannot tell the Commission that they are getting ready to construct some specific multi-family structures. He stated they are coming forward and are trying to make a determination from their application, through this body and the City Council as to what is an acceptable zoning category for the City. He stated the application was made for "R-5" for two reasons: (1) it did seem to be generally compatible with the various matters discussed, and (2) when looking at the City of Euless' various categories, the "R-5" is a better straight zoning category than most of the cities that he had looked at. As far as the differential between the "R-3", "R-4" and "R-5", he stated that he felt the "R-5" zoning type was the most economically feasible where one can build a first class, best type of quality unit under the circumstance, and that is what they were here before the Planning and Zoning Commission to find out. 1 Page Five, Regular Meeting, Planning & Zoning Commission, May 20, 1980 Mr. Eden stated that the problem is the City already has 302 acres zoned "R-5", and that about 182 of those acres have been developed. He stated that the City has about 3800 units already developed with a potential of 7000 units and the City is reaching an overdeveloped area in "R-5". Mr. Boyle stated that he feels the primary concern is not the amount of zoning since the amount of zoning tends to take care of itself because the economics dictate what percentage will be developed. He stated that in his opinion it is not so much the acres that are zoned as it is the acres that are developed. Mr. Deithloff asked Mr. Boyle if they have a timetable for construction if this zoning is acceptable. Mr. Boyle stated that they did not have a timetable. He stated that he did not want to leave the impression that they had made those type of plans, where they have money lined up, have an architect, etc. , because they have not done that. He stated that the parties that have the interest in it realize it is a substantial investment and they are the type to go forward and do the construction. Chairman Tyson asked Mr. Boyle if he had the authority to negotiate for any less density. Mr. Boyle stated that the Commission is not the total 100 percent judge on the matter of the zoning case. He stated that they are here making application and will weigh very carefully both collectively the Planning and Zoning's decision and individually the various comments and take that back to the client. He stated they would respectfully like to see a decision. He stated they would not be dissatisfied at all with "R-4". Chairman Tyson stated that he is trying to protect the single family immediately to the south and east and immediately to the north with the exception of the row of duplexes along Ash Lane. He stated that in the past, the Commission and City Council have tried to work with developers to work it out to the best interest of all parties. He stated that in his opinion, "R-5" is too high a density for that area. Mr. Boyle stated that there is a significant difference between the "R-5" and "R-4" zoning dropping from 24 to 16 units per acre which affects the traffic and everything. Chairman Tyson stated that he is really concerned about the congestion. He stated that the apartments that Mr. Thomes is constructing (Evergreen Park and Fair Oaks) are not finished, but are close to being completed to where he will start leasing in that area. Mr. Eden stated that from past performance, the Commission can readily assume that Mr. Thomes is going to build them and build them fast. Page Six, Regular Meeting, Planning & Zoning Commission, May 20, 1980 Chairman Tyson stated that he thought so too, and there is going to be a significant amount of congestion in that area immediately from the opening of the Evergreen Park and Fair Oaks Apartments. Mrs. Lightbody stated that in her opinion since there is no plan or proposal for construction in the immediate future, to go along with "R-3" and if at sometime the owner would want to build apartments or something, the "PD" would still be a good type of zoning. Chairman Tyson stated that "R-3" throws some density in there too with 12 units per acre. Mr. Eden stated that he did not think the Commission could just arbitrarily set a zoning on the subject property. He stated that the petitioner is asking for "R-5" and the Commission should determine whether it should be "R-5" or not. Chairman Tyson stated that the Commission could give the petitioner their thoughts as far as what the density should be. Mr. Deithloff stated that it appears that the petitioner is trying for the maximum, and from the petitioner's comments, it appears that he would convey his thoughts to the owners who would possibly accept a lesser density. Chairman Tyson stated that he did not know if he wanted to transmit that idea or not because he is not sure that "R-1" is not really the best use of the property. He stated that he is not sure the Commission even wants to go to "R-3". Mr. Williamson stated that if they were closer to development, he could see going with a lesser density. He stated, however, since they are at least a year away and not sure what they are going to do, he is not sure the Commission should just zone something and hope it happens. Mr. Eden stated that he did not feel the Commission really had the right to zone it other than what they are asking for. Mr. Deithloff stated that he thought the Commission had to decide on the "R-5" as it is presented. Several of the members concurred. Mr. Deithloff made a motion to recommend that Zoning Case 312 be denied. Mr. Williamson seconded the motion and the vote was as follows: Ayes: Messrs. Deithloff, Williamson, McMillon, Eden, Gibson, Tyson and Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. Page Seven, Regular Meeting, Planning & Zoning Commission, May 20, 1980 III. PUBLIC HEARING - ZONING CASE 313 - REQUEST OF GERALDINE WELBORN FOR CHANGE OF ZONING FROM "R-1" & "R-5" TO "C-2" ON LOTS 14, 15 & 16, BLOCK 8, CEDAR HILLS ESTATES Chairman Tyson opened the public hearing and stated the rules; proponents being heard first and then opponents. Mr. Gene Welborn, Route 1, Box 194, Keller, stated that he is representing his sister-in-law, Geraldine Welborn, who owns the subject property. He stated that the building is on Lot 16, and that Lots 14 & 15 were vacant lots. Chairman Tyson asked if they had a tenant in mind. Mr. Welborn stated that it is Mike McCorkle who rebuilds starters. Mr. Williamson asked if he is the one who runs Metroplex Rebuilder. Mr. Flynn stated that he is currently at the corner of 157 and Harwood working out of a Gulf station. Chairman Tyson asked if there were plans to change the present building. Mr. Welborn stated they plan to paint and fix it up, but are not planning to add on. Chairman Tyson asked Mr. Welborn if he had any plans for the vacant lots. Mr. Welborn stated that they do not at this time. He further stated they preferred to rezone the three lots together instead of spot zoning so that the vacant lots can be used in a similar fashion in the future. Chairman Tyson asked about the zoning on the three lots. Mr. Flynn stated that Lots 15 & 16 were zoned "R-5" and Lot 14 is zoned "R-1". Chairman Tyson asked if there were any more proponents. Mr. Flynn stated that he had received a letter from the property owner on the north, Mrs. Evelyn Stell, indicating that she had no objections to the zoning change. Page Eight, Regular Meeting, Planning & Zoning Commission, May 20, 1980 There being no additional proponents, Chairman Tyson asked if there were any opponents. Mrs. Pat Waterman, 805 Henslee, stated that she was not actually an opponent, but is concerned about the two vacant lots being zoned and not knowing what will be there in the future. Chairman Tyson asked if there were any more opponents. There being none, he closed the public hearing. Chairman Tyson asked if rebuilding starters required "C-2" zoning. Mr. Flynn stated that it did. Mrs. Lightbody asked if it had to be enclosed. Mr. Flynn stated that it did. Mr. Eden stated that the property across the street was recently zoned "C-2", and the church has a parking lot on the corner lot next to Lot 14 which would provide a buffer. He further stated that the size of the lots would not accommodate anything large to go in on the vacant lots. He stated that the building has been on a piece of property not properly zoned for a long time and feels that the zoning needs to be cleared up. Mr. Flynn stated that the property had been grandfathered for years and commercial establishments have operated out of there because they were there before the ordinance. Mr. Williamson stated that it would be logical to give the "R-5" lots a "C-2" zoning. Mr. Flynn stated that the property owners were notified and apparently they had no objections to the "C-2" zoning. Mr. Eden made a motion to recommend approval of Zoning Case 313 as presented. Mr. Williamson seconded the motion and the vote was as follows: Ayes: Messrs. Eden, Williamson, McMillon, Deithloff, Gibson, Tyson & Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. C Page Nine, Regular Meeting, Planning & Zoning Commission, May 20, 1980 IV. CONSIDER PLATTING - FINAL PLATTING OF OAKWOOD TERRACE, LOTS 27A & 27B LOCATED EAST OF SIMMONS DRIVE AND SOUTH OF BAYLESS DRIVE Mr. Walter Elliott of Elliott & Hughes, Inc. stated that he is representing Mr. James Rasor who intends to build homes for his son and daughter on these two lots. He stated there is some public utilities that will have to be installed, but they are of a minor nature. He stated that Mr. Rasor will begin building on Lot 27A as soon as this plat is approved and he gets a building permit. He stated he had received a letter from the Planning Director, and he believes the conditions have been met. Chairman Tyson read the Staff letter, and it is hereby made a part of the minutes. Mr. Flynn stated that there is an existing power pole on the site, and Texas Power & Light has reviewed the plat and replied that they do not need an easement. Mr. Deithloff asked about the 71/2 foot easement. Mr. Elliott stated that it had been changed to 10 feet. Mr. Deithloff asked about the comment regarding sidewalks, and if it should not be addressed at the time of application for building permit. Mr. Flynn stated that our Subdivision Ordinance requires a sidewalk. He stated that the plat sent to the Commission did not have that note. He stated that they like to have it on the plat so everybody will know about it even though construction of it occurs with the building. Mr. Elliott stated that they had since complied with the Staff request. Mr. Eden made a motion to recommend approval of the final platting of Oakwood Terrace, Lots 27A & 27B as presented. Mr. Deithloff seconded the motion and the vote was as follows: Ayes: Messrs. Eden, Deithloff, Williamson, McMillon, Gibson, Tyson & Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. Page Ten, Regular Meeting, Planning & Zoning Commission, May 20, 1980 V. ELECTION OF OFFICERS Chairman Tyson stated that Chairman, Vice Chairman and Secretary would be elected and their terms would run until April, 1981. He stated they would elect a Chairman first and opened the floor for nominations. Mrs. Lightbody nominated Carl Tyson for Chairman. Mr. Gibson seconded the nomination. Mr. McMillon nominated John Deithloff for Chairman. Mr. Eden seconded the nomination. Mr. Eden made a motion that nominations cease. Mr. McMillon seconded the motion, and the vote was as follows: Ayes: Messrs. Eden, McMillon, Deithloff, Gibson, Williamson, Tyson & Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. Chairman Tyson asked for those who wanted Mr. Deithloff for Chairman to raise their hand. Those voting for Mr. Deithloff were Messrs. Eden, McMillon, Williamson and Deithloff. Chairman Tyson stated that four was the majority, and that Mr. Deithloff is Chairman for the next year and turned the chairmanship over to Mr. Deithloff. Chairman Deithloff opened the floor for nominations for Vice Chairman. Mr. McMillon nominated Bob Williamson for Vice Chairman. Chairman Deithloff asked if there were any more nominations. There being none, he asked if there was a motion that nominations cease. Mr. Eden made a motion that nominations cease. Page Eleven, Regular Meeting, Planning & Zoning Commission, May 20, 1980 Mr. McMillon seconded the motion, and the vote was as follows: Ayes: Messrs. Eden, McMillon, Williamson, Deithloff, Gibson, Tyson & Mrs. Lightbody Nays: None Chairman Deithloff declared the motion carried. Chairman Deithloff asked for all those in favor of Bob Williamson for Vice Chairman to raise their hands. Those voting for Mr. Williamson were Messrs. Eden, McMillon, Williamson, Deithloff, Tyson, Gibson & Mrs. Lightbody. Chairman Deithloff opened the floor for nominations for Secretary. Mr. Gibson nominated Helen Lightbody for Secretary. Mr. Williamson seconded the nomination. Chairman Deithloff asked for all those in favor of Mrs. Lightbody for Secretary to raise their hands. Those voting for Mrs. Lightbody were Messrs. Eden, Deithloff, Tyson, Gibson, McMillon and Williamson. Mrs. Lightbody did not vote. VI. ADJOURNMENT There .-ing no frther business, the meeting adjourned at 8:40 p.m. /__ice Chairman