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HomeMy WebLinkAbout1980-03-18 Regular Meeting Planning and Zoning Commission March 18, 1980 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:37 p.m. in the Council Chambers of Euless City Hall by Chairman Carl Tyson. Other members present were Messrs. Chris Jones, John Deithloff, Bob Williamson and Robert McMillon. Members absent were Mrs. Helen Lightbody and Mr. Bob Eden. Also present were Director of Planning and Development, Kent Flynn, and Recording Secretary, Becky Null. VISITORS Visitors in attendance were Messrs. James Knight, Lynn Shackelford, Frank Schnell, R. 0. Bozeman, Lester J. Davis, Jerry Kerbo, Steve Harriman, Ron Sternfels, Jim Sass, 0. E. Scott, Bill McLendon, Roland Knott, Rick Barnes, H. C. Harris, James L. Ferris, Darvin Breaker, Hugh Waite, Walter Elliott, John Zempel and Zettie Adams, and Mesdms: Willie Mae McCormick, Frank Schnell, Belle Bozeman, Frances Bowman, Barbara Carter, Neilda Johnson, Mrs. J. C. Taylor, Jr. , Harold Richards, Virginia Owen, Marie Morrison, Donna Miller, Vera McKinney, Jo Ann Sharbine, Della Ferris, Jo Ann Breaker, Shirlie Muckey, Susan Parr and Martha Hibb. INVOCATION The invocation was given by Mr. Bob Williamson. APPROVAL OF MINUTES Mr. Jones made a motion to approve the minutes of the regular meeting dated March 4, 1980, as written. Mr. McMillon seconded the motion and the vote was as follows: Ayes: Messrs. Jones, McMillon, Deithloff, Tyson and Williamson Nays: None Chairman Tyson declared the motion carried. I. CONTINUATION - ZONING CASE 304 - REQUEST OF CHARLES CLEGG FOR CHANGE OF ZONING FROM "C-1" NEIGHBORHOOD BUSINESS DISTRICT TO "C-2" COMMUNITY BUSINESS DISTRICT ON 2.452 ACRES OF TRACT 2B, W. G. MATTHEWS SURVEY, ABSTRACT 1052, LOCATED AT THE CORNER OF SOUTH MAIN STREET AND WHITNER DRIVE Page Two, Regular Meeting, Planning & Zoning Commission, March 18, 1980 Chairman Tyson stated that the public hearing for this zoning case had already taken place and at this time there would be dis- cussion among the Commission members. He asked Mr. Rick Barnes to refresh the Commission's memories regarding their request for change of zoning. Mr. Rick Barnes, 506 S. Mesquite, Arlington, Texas, stated the property is approximately 2.4 acres on South Main Street at Whitner Drive and bordered on the north by Landover which is currently being cut to lead to a new development, Twin Creeks Estates. He stated that their proposal for the first phase is to construct a 4400 square foot shopping center which will have a convenience store, a laundromat, and hopefully a cleaners. He stated they intend to fill additional lease space and have a car wash on the south end of the property. He stated the reason for asking "C-2" zoning is to accommodate the gasoline sales at the convenience store and the other uses mentioned. Chairman Tyson asked if there was a drainage easement through the center of the property. Rick Barnes stated yes and that ultimately the drainage will be underground, but not in phase one. Mr. Jones asked about the commitments from proposed leasees. Mr. Barnes stated that the convenience store chain asked that their name not be disclosed at this time. He stated that the laundromat facility is Kwik Wash and also that they have been talking with various cleaners, and pretty much have someone lined up for the car wash. He stated they are looking at the possibility of a daycare center in a portion of the property. He stated that there are a number of alternatives. He stated that they anticipate beginning construction in the first of May. He stated that the car wash would be the second phase and the portion in between would be the third phase. Mr. Jones asked if financing was already arranged. Mr. Barnes stated yes. Mr. Deithloff asked Mr. Flynn about how much vacant commercial property in Euless was zoned "C-1" and "C-2". Mr. Flynn stated that there is 104 acres zoned "C-1" and approximately 60% of it is vacant. He added that there are 751 acres zoned "C-2" and approximately 60% of it is also vacant. He stated that these are just rough estimates. Chairman Tyson stated that he feels there is a need for this type of development particularly with the projected growth in that area. Chairman Tyson asked Mr. Barnes if the company he represents is the owner of the property to the east of this proposed development. Page Three, Regular Meeting, Planning & Zoning Commission, March 18,1980 Mr. Barnes stated that yes it is owned by Cthe same people. Mr. Jones asked what the lease rates will be. Mr. Barnes stated that the leases will be approximately $7.00 per square foot. Mr. Deithloff made a motion to approve Zoning Case #304 as presented. Mr. Jones seconded the motion and the vote was as follows: Ayes: Messrs. Deithloff, Jones, Williamson, McMillon and Tyson Nays: None Chairman Tyson declared the motion carried. II. PUBLIC HEARING - ZONING CASE 306 - REQUEST OF JAMES L. SASS, JR. FOR CHANGE OF ZONING FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "R-2" TWO FAMILY DWELLING DISTRICT ON LOT 14, BLOCK 11, CEDAR HILLS ESTATES Chairman Tyson opened the public hearing and stated the rules of a public hearing; proponents being heard first and then opponents. Mr. James L. Sass, Jr. , 12052 S. Center, Arlington, Texas, stated he wanted to build a duplex on lot 14, block 11 of Cedar Hills Estates which is on the corner of Cannon and Sunset. He stated he intends to live in the duplex and manage the property. Chairman Tyson asked what size duplex he was talking about. Mr. Sass stated it would probably be 900 square feet per side for a total of 1800 square feet. He stated there would be no garages, but will have carports. He stated that they will be two bedrooms with one bath. Mr. Tyson asked why he chose this particular lot to build on. Mr. Sass stated that he wanted to use solar energy and this lot has southern exposure and also it is close to his work. Mr. Jones asked if he had financing at this time. Page Four, Regular Meeting, Planning & Zoning Commission, March 18, 1980 Mr. Sass stated he did not. He stated that he wanted to see how the zoning change went. Chairman Tyson asked if he owned the property. Mr. Sass stated he did. Chairman Tyson asked if there were any more proponents. Mr. 0. E. Scott, 1025 Harris, stated that he was representing Trinity Baptist Church and that the zoning change was agreeable with the church body. Chairman Tyson asked if there were any more proponents. There being none, he asked for opponents. Mr. Robert Capps, 915 Cannon, stated he lives next to Mr. Sass' property and is opposed to the duplex. Mrs. Harold Richards, 905 Vine Street, stated that Broadway already has fourplexes and duplexes and it is only two blocks long. She stated that there are traffic problems and also sewer problems. She stated that the sewer runs up into the street. Mrs. Virginia Owens, P. 0. Box 794, Euless, Texas, stated that she requested a zoning change on lots 10 & 11 of Block 11 for duplexes a couple of years ago. She stated that the Planning & Zoning Commission did not recommend the zoning change. She stated that she also owns lots 12 & 13 and plans to reside in the house next to the subject property. She stated that she is opposed to the duplex being built next to the residences. She stated that there is not any duplexes on Cannon or Sunset. Mrs. J. C. Taylor, Jr. , 911 Vine, stated that she also owns lot 15, block 12 and is opposed to the duplexes. Chairman Tyson asked if there were any more opponents. There being none, he declared the public hearing closed. Chairman Tyson made the zoning summary a part of the minutes. Mr. Williamson recommended denial for Zoning Case #306. Mr. McMillon seconded the motion and the vote was as follows: Ayes: Messrs. Williamson, McMillon, Jones, Deithloff and Tyson Nays: None Chairman Tyson declared the motion carried. Page Five, Regular Meeting, Planning & Zoning Commission, March 18, 1980 Chairman Tyson stated that Item III would be heard after Item V at the request of Mr. Zempel. III. _ CONSIDER PLATTING - FINAL PLATTING OF EULESS MAIN PLACE LOCATED WEST OF THE PROPOSED INTER- NATIONAL DRIVE, EAST OF SOMERSET PLACE ADDITION, SOUTH OF MIDWAY DRIVE, AND NORTH OF AIRPORT FREEWAY Mr. Hugh Waite, 1032 Forest Ridge, Bedford Texas, stated that he represents Main Development Corp. and that they are planning to develop Euless Main Place subdivision which will have 44 lots. Chairman Tyson read the Planning & Zoning letter from Mr. Kent Flynn which is made a part of the minutes. Mr. Walter Elliott with Elliott & Hughes, Inc. , 1004 W. Euless Blvd. , Euless, Texas, stated that they are not in agreement with comment #3. He stated they do not feel this is a boundary street because it has never been platted, and when it is platted it will be paid for in its entirety by the owner of the property it is adjacent to. He stated that they would address this issue at the Council. Mr. Flynn stated that comment #3 was generated because Staff is obligated to point out ordinances that affect plats. He stated that this is a matter which concerns the escrowing of funds for improve- ments and is up to the City Council to decide the method of payment. He added that this developer has proposed an alternative method of meeting his financial obligations with respect to International Drive and that since this is a Council matter, the City Attorney could advise the Council of his interpretation of the ordinance should it be necessary. Chairman Tyson stated that he felt that this developer should comply with Article 10 of the Subdivision Ordinance as indicated in comment #3. Mr. Jones made a motion to approve the final platting of Euless Main Place as presented subject to the Planning & Zoning letter of March 13, 1980, from Mr. Kent Flynn. Mr. Williamson seconded the motion and the vote was as follows: Ayes: Messrs. Jones, Williamson, Deithloff, McMillon and Tyson Nays: None Chairman Tyson declared the motion carried. C Page Six, Regular Meeting, Planning & Zoning Commission, March 18, 1980 IV. CONTINUATION - CONSIDER PLATTING - PRELIMINARY & FINAL PLATTING OF LOTS 1 & 2, BLOCK 1, THOUSAND OAKS ESTATES, LOCATED EAST OF BAZE DRIVE Mr. Flynn stated that the developer had requested a postponement at the last meeting so that he could work out the escrowing of funds for public improvements. He stated that he has done so and has already deposited the escrow money. He stated that this property is north of Bear Creek Estates on the west side of Baze Drive, is a heavily wooded site, that there is an older home on the property and a newer home under construction. Mr. Roland Knott, 2705 Baze Drive, Euless, Texas, stated that he and his brother bought the ten acres last year and intended to build two homes on the property and live there. He stated that when they bought the property they were not aware of the platting requirements. Chairman Tyson asked what lot he was living on. Mr. Knott stated it is lot 1 where the old house was. Chairman Tyson asked Mr. Flynn what the note "Not Platted for Development" on lot 1 meant. Mr. Flynn stated that before additional development occurs on that site new engineering plans will have to be submitted showing additional public facilities, such as a fire hydrant and water main, in order to bring the rear portions of the tract within 500 feet of fire coverage in compliance with the Subdivision Ordinance. Chairman Tyson asked if they have begun construction on lot 2. Mr. Knott stated that his brother is constructing a house on lot 2. Mr. Flynn stated that the house on lot 1 was there prior to this action and could be considered nonconforming. He stated that the reason for this platting was the fact that they were going to build an additional house and our Zoning Ordinance prohibits two single family houses on one lot. Therefore, the property had to be platted into two lots. Chairman Tyson asked where the water line was. Mr. James Knight, City Engineer, stated that it is in Baze Drive. C Page Seven, Regular Meeting, Planning & Zoning Commission, March 18, 1980 Chairman Tyson read the letter to the Planning & Zoning Commission from Mr. Kent Flynn and is made a part of the minutes. Mr. McMillon made a motion to approve the preliminary and final platting of Thousand Oaks Estates, Lots 1 & 2, Block 1, as presented. Mr. Deithloff seconded the motion and the vote was as follows: Ayes: Messrs. McMillon, Deithloff, Jones, Williamson and Tyson Nays: None Chairman Tyson declared the motion carried. (Mr. Deithloff left the meeting at 8:40 p.m.) V. PUBLIC HEARING - ZONING CASE 307 - REQUEST OF JOHN ZEMPEL FOR CHANGE OF ZONING FROM "C-2" TO "C-2" WITH "SP" FOR COMMERCIAL AMUSEMENTS, DANCE HALL AND POOL HALL IN #18 WILSHIRE VILLAGE SHOPPING CENTER Chairman Tyson opened the public hearing and stated the rules of a public hearing; proponents being heard first and then opponents. Mr. John Zempel, 2620 Greenwood Court, Bedford, Texas, stated that this proposal is intended as a youth center to provide the youth with a place to go. He stated that the building is approximately 4,000 square feet. He stated he would have an area for dancing in the front, would have tables, concession type food service, an area in the back room for pool, billiards, backgammon, and pinball machines. He stated that when there are pool, etc. , tournaments, they will close down the dance floor and hold the tournaments in that area. He stated that there would be other adult supervision besides himself. He stated that he was considering a five year lease. He further stated that he has received some support from the Council of Social Concerns, the Drug Task Force, Wilshire Baptist Church, and First Baptist Church. He presented a list of all the activities proposed. 1. Live entertainment 2. Dancing 3. Backgammon, billiards, pool, and pinball machines 4. Gospel night on Tuesday 5. Youth counseling 6. Sell food and drinks 7. Issue I.D. cards so if rules are broken, privileges will be revoked. 8. Plan to charge $2.00 each time they come in and will be applicable toward food, drinks, and games. This is to insure that the youth will not be going in and out to the cars. 9. Provide a meeting place for junior high age youth after their games. Page Eight, Regular Meeting, Planning & Zoning Commission, March 18, 1980 Mr. Zempel stated the hours would be Monday through Thursday from 3:00 p.m. to 10:00 p.m. , Friday from 3:00 p.m. to midnight, Saturday from 10:00 a.m. to midnight. He stated that he has not made a decision about Sunday. Chairman Tyson asked Mr. Zempel if he has ever been in this type of business before. Mr. Zempel stated that he had not, but that he is involved in a Little League association. Chairman Tyson asked if there were any more proponents. Mrs. Fran Powers, 517 Himes Drive, stated that she is a member of the Council for Social Concerns and the Drug Task Force. She stated that there is a need for a yough center in Euless. She stated that the Council for Social Concerns had been planning to request a youth center for quite some time. She stated that Mr. Zempel has some good ideas, but that she does not know enough about his intentions to endorse his proposal. Mr. Bob Paulas, 408 Sierra, stated that he is also a member of the Council for Social Concerns and that they have been looking for volunteer space for a youth center. He stated that they are looking for volunteers or concerned parents to help start one. Chairman Tyson asked if there were any more proponents. There being none, he asked for opponents. Mrs. Shirlie Muckey, 707 Commerce, asked what the I.D. 's were for and also if alcoholic beverages would be allowed. Mr. Zempel stated that alcohol would not be allowed. He stated that if there is trouble with a child, the I.D. will let him know not to let that child back in, and also the parents' names and address would be on the back in case they needed to be notified. (Mr. Jones left the meeting at 9:05 p.m.) Mrs. Neilda Johnson, 1911 Greenbriar, asked what Mr. Zempel's qualifications were, if there would be a Board of Directors, the number of supervisors and if they would be paid, how the drug problem would be handled, and also how the youth center would be financed. She stated that if this zoning was approved, it might hurt the businesses in the area. Mr. Zempel stated that he has coached Little League Baseball for six years, has developed a good working relationship with the kids in town, is a father, and feels that he is a good listener. He stated that the idea of a Board of Directors was just brought to his attention today. He stated he would like a council made up of the youth to set up a program that would work for them, and also a council made up of concerned parents and have them coordinate their efforts through him. He stated that right now he was not sure Page Nine, Regular Meeting, Planning & Zoning Commission, March 18, 1980 how many supervisors he would have other than himself and a woman to handle the girls. He stated that the youth would be charged $2.00 each time they went out and came back in to discourage them from going to the car for a drink, smoke, or drugs, and that they would be monitoring the place for such. He stated that smoking would not be allowed on the premises. He suggested posting "no loitering" signs on the outside to prevent the youth from hanging around on the outside. He stated that he will be financing the project himself. Mr. James L. Ferris, 609 Commerce, stated that he was opposed to this proposal because of the location and the noise that will be generated. Mr. R. 0. Bozeman, 611 Commerce, stated that he objected to the location also. Mrs. Martha Hibb, 1600 Toplea, stated that she preferred it to remain a community shopping center and not an entertainment place. She objected to the traffic and noise. Mrs. Jo Ann Sharbine, 1705 Sagebrush, stated she objected to the noise and traffic. Mrs. Vera McKinney, 1707 Sagebrush, stated she is concerned because of the traffic and that it will be hard to find a parking space around the other businesses. She stated that she was Baptist and that Baptist definitely disapprove of dancing. Mrs. Frances Bowman, 1600 Sagebrush, stated that she is alone at night and is afraid of the youth running in the neighborhood. Mr. Ron Sternfels, 1605 Sagebrush, stated that he is impressed with the things Mr. Zempel had to say. He questioned the five year lease. He stated he is opposed basically because of the additional traffic and preferred to see retail in the shopping center. Mr. Zettie Adams, 701 Johns, stated that he is the pastor of Calvary Baptist Church. He stated that he feels there is a need of this type, however, he is concerned about the litter and beer bottles that may be strewn near his church. Mrs. Neilda Johnson stated that she appre- ciates what Mr. Zempel is trying to do. She stated that she does not feel that he has the counseling ability to deal with an emotionally disturbed child. She stated that he has a good idea, however, he needed more concrete plans before this is set up. Mr. Steve Harriman, 706 Commerce, stated that he is concerned about the traffic and possibly the noise. He was concerned about what would happen if Mr. Zempel could not make it and had to sublet the space. He stated that if loitering did happen it would be a deterrent to the other businesses. C Page Ten, Regular Meeting, Planning & Zoning Commission, March 18, 1980 Chairman Tyson stated that if the lease Ctransferred to someone else and this zoning change was approved, that this type of establishment would be the only thing allowed unless a request for zoning change was approved. Mr. Bill McLendon, 506 Yorkshire, asked how many kids could be in the 4,000 square foot space at one time. Mr. Flynn stated that he was not familiar with the exact number, but that the Fire Codes regulate the number of people congregating in a gathering place. He stated that it would be the Fire Marshal's responsibility to enforce the ordinance. Mr. Darvin Breaker, 709 Commerce, asked why this establishment had to have an "SP" zoning. Mr. Flynn stated that each of the proposed uses; commercial amusements, dancing, and pool required a specific use permit. Mrs. Susan Parr, 711 Commerce, stated that she is opposed because of the traffic. Chairman Tyson asked if there were any more opponents. There being none, he declared the public hearing closed. Chairman Tyson stated that something needed to be done for the youth, but was concerned about the lack of concrete plans. He stated that he would be in favor of Mr. Zempel formulating some plans with the youth ministers of the various churches and with Mrs. Fran Powers of the Council of Social Concerns and coming back before the Commission when he has more definite plans. He asked Mr. Zempel if he has leased the building. Mr. Zempel stated that he has not leased the space, but plans to upon approval. Mr. McMillon suggested that Mr. Zempel look into finding another location. Mr. McMillon made a motion to table Zoning Case #307 until Mr. Zempel has formulated more definite plans. Mr. Williamson seconded the motion and the vote was as follows: Ayes: Messrs. McMillon, Williamson, and Tyson Nays: None Chairman Tyson declared the motion carried. VI. ADJOURNMENT C There b -(ng o f rther business, the meeting adjourned at 10:00 p.m. / 41 Chairman