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HomeMy WebLinkAbout1981-07-07 AIDRegular Meeting Planning & Zoning Commission July 7, 1981 CALL TO ORDER The regular meeting of the Planning & Zoning Commission was called to order at 8:10 p.m. in the Council Chambers of Euless City Hall by Chairman John Deithloff. Members & Staff Present John Deithloff Bob Williamson Carl Tyson Ralph Gibson Sam Huston Norma Morelock Robert McMillon Kent Flynn - Director of Planning Becky Null - Recording Secretary James Knight - City Engineer VISITORS Rod Tyler Weldon Cannon Willie Mae McCormick Richard Thomes C. M. Roach Mark Thomes Mrs. Dave Walden Jerry LaFountain Dave Walden B. R. Heath Mrs. Harold Minnis John Dowdell Harold Minnis Tom Bouldin Nan Poe Keith Wallace Bill Tappe Paul Spain Ed Williams John Rowlett Mrs. C. M. Roach INVOCATION The invocation was given by Mr. Ralph Gibson. APPROVAL OF MINUTES Mr. Tyson made a motion to approve the minutes of the regular meeting dated May 19, 1981, as written. Mr. Gibson seconded the motion, and the vote was as follows: Ayes: Messrs. Tyson, Gibson, Williamson, Huston, McMillon, Deithloff IC) and Mrs. Morelock Nays: None Chairman Deithloff declared the motion carried. Page Two, Regular Meeting, Planning & Zoning Commission, July 7, 1981 Mr. Tyson made a motion to approve the minutes of the regular meeting dated June 2, 1981, with the correct spelling of Mr. Huston's name on Page 9. Mr. Huston seconded the motion, and the vote was as follows: Ayes: Messrs. Tyson, Huston, Gibson, McMillon, Williamson, Deithloff, and Mrs. Morelock Nays: None Chairman Deithloff declared the motion carried. Chairman Deithloff stated that the approval of the minutes dated June 16, 1981, would be tabled until July 21, 1981. I. CONSIDER PLATTING - PRELIMINARY PLATTING OF LOTS 1 THROUGH 15, BLOCK 1, & LOTS 1 & 2, BLOCK 2, THOMES ADDITION, FIRST INSTALL- MENT LOCATED SOUTH OF ASH LANE AND WEST OF FULLER-WISER ROAD Dr. Richard Thomes, 3934 Buckingham Drive, Irving, presented the preliminary plat for duplexes. He stated he had received a copy of the Staff letter dated July 3rd and is in agreement with the comments. Mr. Knight stated that he had received the corrected copies of the plat and the developer has complied with the Subdivision Ordinance requirements. Mr. McMillon made a motion to recommend approval of the preliminary platting of Lots 1 through 15, Block 1, and Lots 1 & 2, Block 2, Thomes Addition, as presented. Mrs. Morelock seconded the motion, and the vote was as follows: Ayes: Mrs. Morelock and Messrs. McMillon, Tyson, Williamson, Huston, Gibson, and Deithloff Nays: None Chairman Deithloff declared the motion carried. II. FURTHER CONSIDERATION OF RECOMMENDED CHANGES TO THE RESIDENTIAL PROVISIONS OF THE EULESS ZONING ORDINANCE IC) Mrs. Morelock made a motion to table consideration of the ordinance revisions until after the work session. • ` Page Three, Regular Meeting, Planning & Zoning Commission, July 7, 1981 Mr. Williamson seconded the motion, and the vote was as follows: Ayes: Mrs. Morelock and Messrs. Williamson, Gibson, McMillon, Tyson, Huston, and Deithloff Nays: None Chairman Deithloff declared the motion carried. III. CONTINUATION OF PUBLIC HEARING - ZONING CASE #338 - REQUEST OF DAVID WHEELER FOR CHANGE OF ZONING FROM C2 TO C2/SP FOR COMMERCIAL AMUSEMENTS AND BEER & WINE SALES ON PART OF TRACT 5, PUENTE DEL OESTE (703 S. INDUSTRIAL BLVD.), LOCATED AT THE SOUTHEAST CORNER OF W. EULESS BLVD. & S. INDUSTRIAL BLVD. Chairman Deithloff stated that the rules of the public hearing are still in effect. Mr. Tom Bouldin, Regional Manager of Pizza Time, stated they are planning to open a family style restaurant which will cater mainly to families with small children. The restaurant features animated characters, family type electronic games, and games designed especially for children. In addition to the sale of food, there will be the incidental sale of beer and wine. The alcoholic beverage sales averages 5% a month of the toal revenue. The restriction of selling alcoholic beverages to those 19 and under is strictly enforced. Those under 18 will not be permitted unless accompanied by an adult. Food, drinks and smoking will not be allowed in the game area, and there will be employees throughout the restaurant to enforce these rules. The conditions listed on the site plan are company policies. He also stated that this location will contain the regional headquarters of Pizza Time, Inc. , for the entire State of Texas. There being no additional proponents or opponents, Chairman Deithloff declared the public hearing closed. Chairman Deithloff stated that the maximum heighth is not shown on the site plan and asked what that heighth will be. Mr. Bouldin stated they plan to use the existing structure without any heighth changes. After additional discussion, Mr. Tyson made a motion to recommend approval of Zoning Case #338 subject to the conditions listed on the site plan with 41;) the maximum heighth being stated as the existing heighth of the structure. Page Four, Regular Meeting, Planning & Zoning Commission, July 7, 1981 Mr. Williamson seconded the motion, and the vote was as follows: Ayes: Messrs. Tyson, Williamson, Huston, McMillon, Gibson, Deithloff, and Mrs. Morelock Nays: None Chairman Deithloff declared the motion carried. IV. PUBLIC HEARING - ZONING CASE #346 - REQUEST OF ANNIE FULLER FOR CHANGE OF ZONING FROM Rl TO PD WITH CUD FOR VARIABLE HOUSING FOR SINGLE FAMILY ATTACHED DWELLINGS ON PART OF TRACT 3H, A.J. HUITT SURVEY, A-709, LOCATED EAST OF S. MAIN STREET & NORTH OF S. EULESS ELEMENTARY Chairman Deithloff stated that the petitioner has withdrawn her request for rezoning. V. PUBLIC HEARING - ZONING CASE #347 - REQUEST OF FREELON D. TULLOS FOR CHANGE OF ZONING FROM R1 to R3 WITH CUD FOR CONFORMING HOUSING ON TRACTS 3 & 3A, R. CROWLEY SURVEY, A-312, LOCATED NORTH OF PROPOSED EXTENSION OF ASH LANE AND EAST OF FULLER-WISER ROAD Chairman Deithloff opened the public hearing and explained that the proponents would be heard first and then opponents. Mr. Bill Malish, representing Paul Yarborough and Freelon Tullos, stated they are requesting a zoning change to allow multi-family dwellings at an average density of 12 units/acre and the dedication of the flood plain area as a City park. They have been working closely with Paul Spain who is requesting a zoning change on property surrounding the subject tract. He stated that Mr. Spain contracted Mr. John Joiner, an acoustical expert, to prepare a noise study for these properties, and that he was in the audience to answer any questions. He further stated that their intent is to construct the units with added noise reduction materials as recommended in the noise study if it is acceptable to the City. Mr. Huston asked how much the noise level would increase for this area when the new north/south runway is constructed. Page Five, Regular Meeting, Planning & Zoning Commission, July 7, 1981 Mr. John Joiner of Joiner, Pelton, Rose in Dallas, stated that the new north/ south runway under consideration by the Airport Board is on the east side of the airport, not the west side. He explained that his firm worked on the Noise Zones A, B & C in 1969, and made projections of noise levels in 1985. North Central Texas Council of Governments published the noise zones infor- mation in 1971, which is still being used by the area cities today. In 1977, FAA did a private study considering the concorde impact and prepared a noise contour map of the area. In that study, it was shown that the noise contours are shrinking considerably. In 1978, FAA published in the Federal Register the new FAA noise standards. These are standards that the aircraft must attain to receive worthiness certificates. There were three target dates by which all aircraft must comply with the noise standards. These were January 1, 1981, January 1, 1983, and January 1, 1985. There has been a significant advancement in the quietness of aircraft over standards originally used. For example, Southwest Airlines at Love Field with existing aircraft impacts 7.5 square miles. In 1985, that same number of aircraft will impact less than one square mile. When they prepared the original criteria for the 1969 noise zones, technology did not exist for noise abate- ment like that present today. Originally, their prediction for 1985 was made with the idea that there would be larger and noiser aircraft. Since the implementation of the new FAA noise standards, however, aircraft have become quieter. He pointed out that if an indepth study had been done today using these new 1985 FAA noise standards for aircraft, the noise contour line for Zone B would shift closer to the airport leaving the majority of this property in Zone A (LDN 65) . He stated that the new criteria for measuring noise is LDN rather than decibels. LDN is an average of day and night noise with a 10 point penalty given to the nighttime reading. Mr. Flynn asked whether FAA has plans to revise their noise zone map which is used for basing construction requirements for the sound control features in Noise Zone B. Mr. Joiner stated that the FAA continually prepares studies which are generally not published unless they are in cooperation with someone else. He stated that the latest published map is the one prepared in 1971, which made pro- jections through 1985. Mr. Williamson asked if it was based on the fact that the fourth runway on the west side would be constructed at that time. Mr. Joiner stated it was based on the fact that there would be the third runway and the cross wind runway on the east side. He stated that the fourth runway would not come about until approximately the year 2000. Assuming that the 1985 FAA standards for quieter aircraft are met and the fourth runway is constructed by the year 2000, Mr. Williamson asked if that would leave the sound zones as they are now. C Mr. Joiner stated that he feels that the zones will continue to shrink. He stated that the FAA standards only go through 1985 and 1988 for the small business jets. He believes that the advancement in technology will continue after that time. He stated that the document mentioned by Mr. Malish sets Page Six, Regular Meeting, Planning & Zoning Commission, July 7, 1981 out sound proof modifications, which he feels should be implemented anytime housing is even close to the LDN 65 contour. According to HUD and EPA, an LDN 65 inside of a house is comfortable and satisfactory for 95% of the people. Twenty points of attenuation from outside to inside is needed to bring the LDN 65 down to LDN 45 that those government agencies want. He used those values in the study he prepared and came up with a requirement of 28 points of attenuation for any structure in Noise Zone B which will give a completely satisfactory interior environment. Conditions are set out in the study which will be required to attain that 28 points between outside and inside. A model noise zoning ordinance was prepared in 1971, and furnished to the area cities, which basically addressed the same conditions as the new study. Mr. Flynn stated that this was the NCTCOG study furnished to the P & Z Commission. Mr. Williamson again asked if the current sound zones would remain the same if the fourth north/south runway is constructed and the STOL runway is installed. Mr. Joiner stated that the sound zones would probably not remain the same, but does not know how much they would change and in what direction. He stated that STOL aircraft would have to meet the same FAA standards for quieter aircraft. He went on to explain that LDNs are composed of four components; namely, duration of event, loudness of aircraft, number of events and time event occurs. Mr. Huston asked what hearing losses would occur in park patrons from the noise levels. Mr. Joiner replied that OSHA has determined that eight hours of continuous noise levels of 90 decibels are required to cause hearing loss. He stated that noise levels in Noise Zone B are not continuous and that the duration of exposure to high noise levels is only a few seconds while the plane is directly overhead. He stated that noise from outside recreational activities typically reached the noise levels generated by aircraft in Noise Zone B and that these type outside activities were compatible uses for Noise Zone B. Mr. Tyson asked when construction is anticipated if the zoning is approved. Mr. Malish stated they hope to begin construction between 12 & 24 months. Mr. Tyson asked if they would have a restriction against converting to single family type ownership in the future. Mr. Malish stated they do not anticipate that, but in order to maintain flexibility, they would like to retain that option. Chairman Deithloff asked Mr. Malish if he had any comments regarding the Staff letter dated July 3rd. Page Seven, Regular Meeting, Planning & Zoning Commission, July 7, 1981 41:, Mr. Malish stated that whether the City requires sound control features or not they intend to have them. He did not feel that single family should be restricted, and stated he would be in agreement with the avigation ease- ment. There being no additional proponents, Chairman Deithloff asked if there were any opponents. Mr. Bob Heath with the Planning & Engineering Department at D-FW Airport stated that the letter addressed to the Commission from Mr. Jack Downey specifically addresses Zoning Case #348. He stated that the comments in the letter apply to this zoning case also. Mr. Tyson stated that there was concern about the STOL runways in relation to the subject property and asked what the STOL runway was and what it would be used for. Mr. Heath stated that the STOL (Short Take-Off & Landing) runway is for relatively small aircraft that are high-powered and can carry a relatively large number of passengers. The STOL runways are approximately 2,000 feet in length and approximately one mile from the zoning request. He does not know what level of operations could be expected. Mr. Tyson asked if all the general aviation aircraft fit under STOL. Mr. Heath stated that very few of the aircraft in the market today would use the STOL. In response to earlier comments made regarding the future primary runway development, he stated that these alternatives are still being considered, and much of the decision will be based on where the next major terminal expansion will be. He stated he could not say for sure, but there are indications that the next north/south runway would be on the west side of the airport because of terminal expansion on the west side. Mr. Williamson asked if the airport has done a recent noise study. Mr. Heath stated that the last official noise study is the one published by NCTCOG in '1971. Mr. Williamson asked if a noise study is being done in connection with the litigation in Irving. Mr. Heath stated that the airport is conducting a noise study relating to the basic configuration of the runways existing today and what it will be in five years. He stated that it will probably be this winter before the study is completed. There being no additional opponents, Chairman Deithloff declared theP ublic hearing closed. 400 Mr. Tyson stated that the airport letter suggests that if the zoning is approved, conditions for approval should include requirements for appropriate construction methods and materials for sound attenuation. However, the City Attorney states the City should not require those measures. He felt that this puts the Commission in a dilemma. Page Eight, Regular Meeting, Planning & Zoning Commission, July 7, 1981 1100 Mr. Flynn stated that Staff will have to take the City Attorney's position regarding this matter. He stated that because we are not noise experts, to require sound attenuation would cause the City to be subject to misfeasance should the standards prescribed be challenged. The avigation easement, as suggested by the City Attorney, is a necessity. There is concern regarding single family development in this area because of the likelihood of additional complaints that come with home ownership. As far as the usage of the land is concerned, he stated that the property is ideally suited for multi-family development and possibly could not be used for a higher use. Since a site plan is required for a CUD, Mr. Tyson asked if the developer could state his intentions for sound attenuation on the site plan. Mr. Flynn stated that the developer could either add the list of sound control features or simply specify that development will be constructed to LDN 45. Mr. Williamson asked whether the City would be approving a set standard if it is put on the site plan. Mr. Flynn stated that we would not be setting the standards, but whether it is on the plan or not, the minutes will reflect that the commitment has been made. He further stated that the Commission's consideration of the zoning is with the knowledge of the developer's stated commitments and their recom- mendation will be made with these commitments in mind. Mr. Tyson stated that he does not really understand what LDN 45 is. Mr. Williamson stated that if the developer puts down LDN 45, the Commission is acknowledging the fact that they know what it is. After continued discussion, Mr. Williamson made a motion to table this zoning case until the meeting on July 21st in order to give the Commission time to study the request further. Mrs. Morelock seconded the motion, and the vote was as follows: Ayes: Messrs. Williamson, Gibson, Tyson, Huston, McMillon, Deithloff and Mrs. Morelock Nays: None Chairman Deithloff declared the motion carried. (Chairman Deithloff called for a five minute recess.) C Page Nine, Regular Meeting, Planning & Zoning Commission, July 7, 1981 VI. 11:) PUBLIC HEARING - ZONING CASE #348 - REQUEST OF PAUL SPAIN FOR CHANGE OF ZONING FROM Rl TO C2 AND Rl TO R3, R4 & R5 WITH CUD FOR CONFORMING HOUSING ON TRACTS 1, 1A, 2, 4, 4B1, 4B1A, 4B2, 4B3, 4B4 and 4B7, R. CROWLEY SURVEY, A-312, AND TRACT 6, S. TUCKER SURVEY, A-1512, LOCATED NORTH OF PROPOSED EXTENSION OF ASH LANE AND EAST OF FULLER-WISER ROAD Chairman Deithloff opened the public hearing and explained that the proponents would be heard first and then opponents. Mr. Paul Spain, representing Terra International and Block Brothers Industries, stated that the property (189 acres) will be bound on the east by SH 360. Ash Lane will be extended east from Fuller-Wiser to SH 360. Proposed Cheek Sparger will also traverse through the northern portion of the property from Fuller-Wiser to SH 360. With the approval of this zoning request, they intend to develop the property along Cheek Sparger and SH 360 as commercial for off ice buildings, hotel and other commercial uses. It is also their inten- tion to dedicate the flood plain area containing 23 acres as a City park. The remaining portion of the property will be developed with multi-family dwellings. He stated that the development of this property hinges on the construction of SH 360. The Highway Department has reviewed their 20 year plan and since they have not seen any activity in the area, the construction of SH 360 is not on the 20 year plan. The developers propose to do what they can to get SH 360 extended. He stated that the more advanced developers in the area achieve highway construction earlier than planned because of the way they work with the State Highway Department. This is what the developers propose to do and would like to work with the City on getting this highway constructed. He feels that the key to developing the commercial tracts is the thoroughfare accessibility to this area. He believes that by creating this need for SH 360, they can work with the State and get it moved up on the plan through dedication of right-of-way and participation in paving. They plan to develop the area south of the creek in Phase I which will not cause overcrowding on the existing streets. He distributed a report prepared by a traffic consultant regarding this property. Phase II will include the construction of the R3 & R4 along the north side of the creek. This also would not cause any overcrowding with the improvements of Harwood to the south and Ash Lane as it is currently developed to the west. Phase III, which would be commercial, could not be developed without the construction of SH 360. He stated that the development of the 189 acre tract is a 10 year project. Jack Rowlette, Regional Manager of Block Brothers Industries, gave portfolio information concerning Block Brothers, a subsidiary of Olympian/York Companies and the largest privately owned real estate firm in the world. Currently, Texas projects include a planned community near Austin, 1,200 acre Valley View Ranch east of D-FW Airport, and two high-rises in downtown Dallas. Page Ten, Regular Meeting, Planning & Zoning Commission, July 7, 1981 • Mr. Tyson asked Mr. Spain his feelings about restricting single family 11:; development from his property. Mr. Spain stated that with a 10 year projection he needs the flexibility to create for the market what it desires. He stated that he has no problem with eliminating single family detached housing and possibly duplex housing. He does, however, see the possibility of developing some of the property with townhomes. He also intends to add sound control features as suggested in the study prepared by Mr. Joiner. Those features are approved by HUD. He also offered the noise study to the City to be used in whatever manner they wish. Mr. Williamson asked Mr. Spain if he had any problem with the avigation easement. Mr. Spain stated that the only concern he has is the easement does not give a heighth limitation. Mr. Williamson read a portion of the letter from the airport which states that should the zoning be approved, the maximum heighth of any structure in the area should not exceed 756 feet above mean sea level. Mr. Spain stated that it figures out to be 175 feet above their property, which is much higher than they plan to go. Chairman Deithloff asked what indications the developers have received from the State Highway Department regarding SH 360 and their current plans for development. Mr. Mike Starek with the traffic consulting firm of DeShazo, Starek & Tang, Inc. , stated he has been in contact with Burton Clifton of the State Highway Department artment in Fort Worth. pHe stated that the choice of developing SH 157, as opposed to extending SH 360, was made arbitrarily. The rationale used was that SH 157 offered an alternate route, and therefore, the construction of SH 360 was postponed indefinitely. He pointed out that there are other entities also interested in the extension of SH 360, such as American Airlines and Center Development. In his conversations with Burton Clifton, the question was raised as to why American Airlines Blvd. was not already extended across SH 183. Mr. Clifton stated that this extension is of high priority, and does not know why it was not included in the current con- struction of SH 360. Mr. Clifton felt sure that this would be included along with the extension of SH 360 to the north. Mr. Starek stated that there is support in the area to get these things done. He stated that the Highway Department is receptive if they can be shown that there is develop- ment happening and the roadway is going to be needed. There being no additional proponents, Chairman Deithloff asked for any opponents. Mr. Heath with D-FW Airport stated that the letter and comments made regarding Zoning Case #347 apply to this zoning case also. 0 Mr. Gibson asked Mr. Heath why the airport was opposed, to the request. Page Eleven, Regular Meeting, Planning & Zoning Commission, July 7, 1981 Mr. Heath responded that out of neighborly concern, they preferred to see industrial and commercial development adjacent to the airport. There being no additional opponents, Chairman Deithloff declared the public hearing closed. Mr. Williamson stated that the issues of this request were the same as Zoning Case #347, and he felt that more study was needed. Mr. Williamson made a motion to table Zoning Case #348 until the meeting on July 21st to allow more time for additional study. Mr. Huston seconded the motion, and the vote was as follows: Ayes: Messrs. Williamson, Huston, Tyson, Gibson, McMillon, Deithloff and Mrs. Morelock Nays: None Chairman Deithloff declared the motion carried. VII. ELECTION OF OFFICERS Chairman Deithloff opened the office of Chairman for nominations. Mr. Williamson nominated John Deithloff. Mrs. Morelock seconded the nomination, and the vote was as follows: Ayes: Mrs. Morelock and Messrs. Williamson, Gibson, Huston, Tyson, McMillon and Deithloff Nays: None Chairman Deithloff declared himself Chairman. Chairman Deithloff opened the office of Vice Chairman for nominations. Mr. McMillon nominated Bob Williamson. Mr. Gibson seconded the nomination, and the vote was as follows: Ayes: Messrs. McMillon, Gibson, Tyson, Williamson, Huston, Deithloff and Mrs. Morelock Nays: None Chairman Deithloff declared Bob Williamson, Vice Chairman. Chairman Deithloff opened the ,office of Secretary for nominations. II1 Mr. Williamson nominated Norma Morelock. C 1 Page Twelve, Regular Meeting, Planning & Zoning Commission, July 7, 1981 41:, Mr. McMillon seconded the nomination, and the vote was as follows: Ayes: Messrs. Williamson, McMillon, Huston, Gibson, Tyson, Deithloff and Mrs. Morelock Nays: None Chairman Deithloff declared Norma Morelock, Secretary VIII. ADJOURNMENT The meeting adjourned at 11:00 p.m. t 1 °)W.,c-ea-7.% 107 airman C