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HomeMy WebLinkAbout1980-01-15 Regular Meeting Planning and Zoning Commission January 15, 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 Acting Chairman Carl Tyson. Other members present were Mrs. Helen Lightbody, Messrs. John Deithloff, Robert McMillon, and Bob Williamson. Members absent were Messrs. Bob Eden and Chris Jones. Also present were Director of Planning and Development Kent Flynn and Recording Secretary Becky Null. VISITORS Visitors in attendance were Messrs. James Knight, Dick Perkins, Bruce Casburn, Bill Pasteur, Rick Larsen, Jim Lucas, Chumsai Panchasarp and Chemenan Panchasarp. INVOCATION The invocation was given by Mr. Bob Williamson. APPROVAL OF MINUTES Mr. Deithloff made a motion to approve the minutes of the regular meeting dated December 18, 1979, with the correction that the last item of the meeting was a motion made deciding there would not be a meeting on January 1, 1980. All the members were in favor. Mr. McMillon seconded the motion and the vote was as follows: Ayes: Mrs. Lightbody, Messrs. Deithloff, McMillon, Williamson and Tyson Nays: None Acting Chairman Tyson declared the motion carried. I I. PUBLIC HEARING - ZONING CASE 302 - REQUEST OF BRUCE CASBURN FOR CHANGE OF ZONING FROM "C-1" NEIGHBORHOOD BUSINESS DISTRICT AND "PD" PLANNED DEVELOPMENT TO "R-4" MEDIUM DENSITY MULTIPLE-FAMILY DWELLING DISTRICT ON 24.987 ACRES OF LAND ON THE J. E. FIELD SURVEY, ABSTRACT 540, LOCATED ADJACENT AND WEST OF NORTH MAIN STREET AND ADJACENT AND SOUTH OF GLADE ROAD. Page Two, Regular Meeting, Planning & Zoning Commission, January 15, 1980 i 1 Acting Chairman Tyson opened the public Coihearing and stated the rules of a public hearing; proponents will be heard first, and then opponents. Mr. Dick Perkins with the engineering firm of Teague, Nall and Perkins, 210 W. Sixth Street, Fort Worth, Texas stated his client is Mr. Bruce Casburn. He stated they are requesting the change of zoning from "C-1" and "PD" to "R-4". He stated the piece of property in question is a combination of portions of four tracts, three of which are presently zoned "C-1" on the northern portions and "PD" on the southern portions. The forth tract is currently zoned "C-1" entirely. He stated they are asking for change of zoning to "R-4" for townhouses. Acting Chairman Tyson asked Mr. Perkins if his client is the present owner of these pieces of property. 1 Mr. Casburn stated that he contracted for these four pieces of property. Mr. Perkins stated that there are several pieces of property involved in this request that came out of different tract acreage in that area. He stated that there are four different tracts of land, that two are total and two are in partial. Acting Chairman Tyson asked Mr. Casburn to point out where the existing residence and the detached garage and the barn are. Mr. Casburn did so and stated that the house is on Tract 1A1A. Mrs. Lightbody asked if there was any property around the subject property that Mr. Casburn also owned. Mr. Perkins stated that he did not. Acting Chairman Tyson asked if the contract of sale is upon condition of rezoning. Mr. Casburn stated that it was not. Acting Chairman Tyson asked if they had any type of plans available now for this particular tract of land. Mr. Perkins stated they did not at this time, but planned to prepare that immediately after the results from this zoning hearing. Acting Chairman Tyson asked what the time frame was for these units to be built. Mr. Casburn stated that they planned to develop as soon as possible. Page Three, Regular Meeting, Planning & Zoning Commission, January 15, 1980 3 i Acting Chairman Tyson asked if they had funding for the project. Mr. Casburn stated that they did not at this time, but that they do have sources for their financing. 1 Mr. Casburn stated that they did not intend to have any rental units. He stated that they are looking at the cluster concept with the units facing inward and a greenbelt area in the center. 1 He stated they are also looking at the condominium or townhouse concept. Mr. Casburn stated they had originally thought of building residential homes until they found out that warehouses Iare being built in Grapevine across Glade Road. Mr. Casburn stated that these townhomes would be marketed basically the same way as houses. He stated they would have model homes. Acting Chairman Tyson asked if there were any more proponents. iMr. Bill Pasteur stated he was a realtor with offices at 1004 W. Euless Blvd. and that he is a representative of the owners of the two long narrow tracts of land and that they have contracted with Mr. Casburn and Mr. Browning to sell this property to them and they are here with his and the owners' permission. Mr. Pasteur stated that he felt like the zoning that exists on all these tracts in this particular area is facetious and unrealistic in that there will not be any commercial or shopping center type enterprises upon this property. He stated that this zoning was accomplished prior to the announcement of the airport. He stated that since the zoning is a portion of the planned development which would have to be developed precisely in that manner and that it would be impossible to accomplish, they had little or no qualms about the changing of the zoning. He stated that what Mr. Casburn is hoping to accomplish is a great deal more realistic and viable than the very facetious zoning that is on the property. He stated that the contract with Mr. Casburn is not contingent on the zoning at all. He stated that he felt this is a much more reasonable approach of the utilization of the property than what has been put on the property before. Acting Chairman Tyson asked if there were any more proponents. There being none, he asked if there were any opponents. Mr. Jim Lucas, 1213 Greenbriar Lane, Arlington, Texas, stated that he owned 37 acres below the subject property. He asked what it was zoned and what the density was. Mr. Flynn stated that it was zoned residen- tial single family with minimum lot size of 7,500 sq. ft. and figures out IlLi to be about 5 units per acre. Page Four, Regular Meeting, Planning & Zoning Commission, January 15, 1980 Mr. Lucas asked what the density would be for the property of the subject zoning request. Mr. Flynn stated that it is currently zoned "R-3" for 12 units per acre and they are requesting "R-4" which is 16 units per acre. Mr. Lucas asked if anyone has given consideration about the schools in this area. Acting Chairman Tyson stated that this was the first discussion tonight before this board and that there will be further discussion later as far as the school. He stated that this was actually in Grapevine School District which is not actually in H-E-B School District. Acting Chairman Tyson asked Mr. Flynn if the school district owned some property in this area. Mr. Flynn stated he was not aware of any property that they own in that area. Mr. Lucas asked about the dedicated fifty (50) foot roadway between his property and the subject property. Mr. Flynn stated it was dedicated to the County before Euless was incorporated. He stated the City Council had voted to remove the street as an east and west collector from the Master Plan when Timberbrook Meadows preliminary plat was approved. He stated that the road right-of-way could be abandoned if procedures for same were initiated and upon approval of all property owners along the right-of-way and the City Council. He stated that subdivision plats in this area would still have to provide good east-west access. Mr. Lucas asked if there would be a buffer between his property and the subject property. Mr. Flynn stated there would not be, and that there is not any under current zoning. Acting Chairman Tyson asked Mr. Lucas if he had any plans for his property in the near future. Mr. Lucas stated that he is in the lumber business and he sells lumber, but does not sell much to apartment builders, and what he trys to do is promote single family homes which is what he has always believed in. He stated that if the property below his had been developed, it would be more feasible for him to develop his because he would have to bring the utilities in with the other development. Acting Chairman Tyson asked if there were any more opponents, and there being none, he declared the public hearing closed and opened the discussion among board members. Page Five, Regular Meeting, Planning & Zoning Commission, January 15, 1980 1 Acting Chairman Tyson stated that since there were not enough knowns for Mr. Casburn and Mr. Perkins to convey to the Commission what they wanted to do with this property and that they have several different ways to go, he suggested that they might want to table this request. Mr. Casburn stated that they have not gone ahead with the plans because they wanted to see about the density. He stated he might need a density between 12 and 16. Acting Chairman Tyson stated that Mr. Casburn might want to consider requesting a Community Unit Development zoning if this were the case because it seemed to him that this was a good type of zoning for allowing the City to work out flexible alternatives to stricter multi- family zoning densities for planned, quality community developments such as his. Mr. Casburn asked if it would be feasible to change their request to "R-3" and finish their plans and if the plans come out higher than "R-3" would the Commission be receptive to them coming back in with a CUD request for higher density. Acting Chairman Tyson stated he felt that would be a possibility. Mr. Casburn made the request to change their present request from "R-4" to "R-3" with the understanding that if "R-3" is not adequate after their plans are made, they will come back to the Planning & Zoning Commission for another zoning request. Acting Chairman Tyson asked if there would be any screening requirements at all between the single family dwelling and "R-3". ( Mr. Flynn stated that screening was required between apartments and the single family on the south and west and the commercial on the north and west. Acting Chairman Tyson asked if there was any other discussion, and there being none, he opened the floor for a motion. Mrs. Lightbody made a motion to approve Zoning Case 302 for "R-3" zoning as amended by Mr. Casburn. Mr. Williamson seconded the motion and the vote was as follows: Ayes: Mrs. Lightbody, Messrs. Williamson, Deithloff, McMillon & Tyson Nays: None Acting Chairman Tyson declared the motion carried. Acting Chairman Tyson stated that the zoning summary sheet needed to be made a part of the minutes. I Page Six, Regular Meeting, Planning & Zoning Commission, January 15, 1980 1 4 II. ELECTION OF OFFICERS 1 Acting Chairman Tyson stated that at the last meeting on December 18, 1979, that the Commission decided to elect 1 new officers. Q Mr. Flynn stated that the main reason the election was brought up now was because of the resignation of the Chairman and the appointment of a new member. He stated that Chris Jones asked that the election be tabled since he was unable to attend. 1 IActing Chairman Tyson stated that he was not in favor of tabling the election. He stated that it was on the agenda and that they should carry through with the election at this time. He stated he would accept nominations for Chairman of the Board from January through April. Mr. Williamson stated that he agreed, that if it is tabled, he will not be able to be here at the next meeting. Mrs. Lightbody stated she would like to go ahead and get the election over with and made the motion that Acting Chairman Tyson be made Chairman. Acting Chairman Tyson stated that he will take nominations and handle this as an election of officers. Mr. Williamson seconded the motion. Acting Chairman Tyson asked if there were any other nominations and there were none. Mr. McMillon made a motion that nominations cease and to vote Mr. Tyson as the Chairman from January to April by acclamation. Mr. Williamson seconded the motion and the vote was as follows: Ayes: Mrs. Lightbody, Messrs. McMillon, Williamson, Deithloff & Tyson Nays: None Chairman Tyson declared the motion carried. Chairman Tyson opened the floor for nomina- tions for Vice Chairman and nominated Mr. Williamson. Mr. Williamson asked that his name be withdrawn. Mr. McMillon nominated Mr. Deithloff as Vice Chairman. Mr. Williamson seconded the nomination. Page Seven, Regular Meeting, Planning & Zoning Commission, January 15, 1980 Chairman Tyson asked if there were any other nominations and there were none. Chairman Tyson made the motion to vote Mr. Deithloff as Vice Chairman by acclamation. Mr. Williamson seconded the motion and the vote was as follows: Ayes: Mrs. Lightbody, Messrs. Tyson, Williamson, Deithloff & McMillon Nays: None Chairman Tyson declared the motion carried. Chairman Tyson stated that the current Secretary is Mrs. Lightbody. Ii Mr. Williamson made a motion to keep Mrs. Lightbody as Secretary. Chairman Tyson seconded the motion and the vote was as follows: Ayes: Mrs. Lightbody, Messrs. Williamson, Deithloff, McMillon & Tyson Nays: None Chairman Tyson declared the motion carried. Discussion followed and it was agreed that elections should henceforth be held following the annual appointments of Commissioners following elections of City Council members. III. OLD BUSINESS Chairman Tyson stated that included in the packet was the requested information on zoning of establishments serving alcoholic beverages. He stated he did not quite understand the contents. Mr. Flynn explained that the letter stated he received a legal opinion from the City Attorney that even if there were establishments that violated our zoning ordinance now and were serving mixed drinks without a specific use permit, that it should not have a bearing on the Commission's decisions considering cases that request a specific use permit for that purpose. He stated the board could not be held liable if they denied a specific use permit for liquor sales even though there were establishments in violation of the subject Ordinance 448. Mr. Flynn further stated that the current Ordinance 448 was hard to enforce because we do not have any criteria which determined whether a business is serving liquor "incidentally" or as the primary use. He stated the request was made for him to find out what the establishments in town were doing. He stated that the clubs researched were in compliance with the ordinance when opened as dinner clubs and did not require specific use permits. i Page Eight, Regular Meeting, Planning & Zoning Commission, January 15, 1980 Mr. Flynn stated that some cities base the primary use of an establishment on what percentage of floor space is being used for liquor sales versus restaurant. He stated that Arlington considers the sale of liquor over 20% of the total receipts to be a bar; under 20% to be a restaurant. Mr. Flynn stated that staff is presently considering revising the ordinance to give clear cut criteria for easy enforcement. Chairman Tyson stated he felt that the present ordinance should be enforced and that the word "incidental" was easy to define. He also stated that if a new ordinance was passed, then the existing establishments would become a non-conforming use and could legally stay there. All other members agreed that it would be a good idea to research what other cities are doing and redo our ordinance. Mr. Deithloff requested that Mr. Flynn get the City Attorney to give the Commission a written legal opinion regarding the present ordinance. IV. ADJOURNMENT There being no further business, the meeting adjourned at 9:20 p.m. APPRO i Chairman C