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HomeMy WebLinkAbout1981-06-16 Regular Meeting 41:) Planning & Zoning Commission June 16, 1981 CALL TO ORDER The regular meeting cf the Planning & Zoning Commission was called to order at 7:40 p.m. in the Council Chambers of Euless City Hall by Chairman John Deithloff. Members & Staff Present Members Absent John Deithloff Robert McMillon Bob Williamson Carl Tyson Norma Morelock Sam Huston Ralph Gibson Kent Flynn - Director of Planning Becky Null - Recording Secretary James Knight - City Engineer VISITORS Walter Whitfield Linda Webb Joyce Minnis Willie Mae McCormick Harold Minnis Rod Tyler Douglas Wright Frances McElroy Linda Wright 0. L. McElroy E. M. Roach M. J. Goodfellow Ed Williams Kobeissi Imad Bill Tappe Loran A. Borah Robert E. Beard Weldon Camron Alice Beard Andy Chesney Mike Webb Debi Chesney Rick Barnes Bob Eden Jerry Kerbo INVOCATION The invocation was given by Norma Morelock. APPROVAL OF MINUTES Mr. Tyson made a motion to table the approval of the minutes of the regular meetings dated May 5, and May 19, 1981, until July 7th. Mr. Gibson seconded the motion, and the vote was as follows: Ayes: Messrs. Tyson, Gibson, Williamson, Huston and Deithloff, and Mrs. Morelock Nays: None Chairman Deithloff declared the motion carried. Page Two, Regular Meeting, Planning & Zoning Commission, June 16, 1981 I. CONSIDER PLATTING - FINAL PLATTING OF QUAIL RUN ESTATES PHASE II, LOCATED WEST OF NORTH MAIN STREET & SOUTH OF GLADE ROAD Mr. Ken Nickels, Carter & Burgess, Inc . , presented the request for final platting of Quail Run Estates Phase II, He stated he had received a copy of the staff letter dated June 12th and has no problems with it. Mr. Williamson made a motion to recommend approval of the final platting of Quail Run Estates Phase II subject to the City Engineer's letter dated June 12, 1981. Mr. Huston seconded the motion, and the vote was as follows: Ayes: Messrs. Williamson, Huston, Tyson, Gibson and Deithloff, and Mrs. Morelock Nays: None Chairman Deithloff declared the motion carried. II. CONTINUATION OF PUBLIC HEARING - ZONING CASE #337 - REQUEST OF NEAL ADAMS FOR CHANGE OF ZONING FROM R2 TO PD (SINGLE FAMILY ATTACHED) ON LOTS 1R THROUGH 6 AND LOTS 8R THROUGH 18, BLOCK 1, WILSHIRE VILLAGE SQUARE ADDITION Chairman Deithloff stated that the rules of the public hearing are still in effect. Mr. Ron Addison, with the law firm of Neal Adams & Associates, recapped his presentation from the last meeting. He stated that the City Attorney has addressed the issues of the common wall construction, access to Lots 10A, 10B, 11A and 11B, and other items of concern in his letter dated June 12, 1981. The owners have agreed to sign a letter of estoppel absolving the City from any liability that might arise for allowing this zoning change to be approved and not meeting the zoning standards. He stated that they meet the minimum requirements of Section 7-1104 of the Zoning Ordinance regarding the heighth, width, depth, floor area ratio, lot area ratio and off-street parking; however, there are a few lots that do not meet the side yard requirements. He stated that the construction of the common wall is comprised of a double wall with each wall consisting of two 5/8" sheets of sheetrock separated by a 2 x 4 stud that runs from the roof to the founda- Page Three, Regular Meeting, Planning & Zoning Commission, June 16, 1981 tion. He pointed out that there is a typographical error on page one, paragraph four, line three of the City Attorney's letter. He stated it should read, ". . . .to the owners of Lots 10B and 11A respectively. . .". He distributed copies of the estoppel letter and revised restrictive covenants and requested that the zoning request be approved subject to full execution of all required documents prior to filing of the plat. Mr. Tyson asked Mr. Addison if his description of the common wall is how the wall is presently constructed. He stated that is correct. Mr. Flynn asked when the double wall construction took place. He stated that the duplexes were built according to duplex standards which do not require a double wall and that the construction may exceed the duplex requirements, but Staff has no knowledge of that. Mr. Addison stated it is his understanding that the wall was originally constructed that way. He further stated that the walls meet the minimum standards in duplex zoning and may even exceed them. Mr. Flynn stated that the Staff and Commission members were not under that impression. He stated that the covenants implied that the owners could construct the wall after the fact; that the walls did not conform to that at this time. Upon certification that the common wall is, in fact, con- structed as a double wall, he suggested that there be wording to that effect in the certification of compliance with zoning standards on the development plan. Mr. Addison stated that he has no problem with adding that certification. It was noted that Staff has no way of determining if the wall is constructed as a two hour fire wall which is required for single family attached housing. Mr. Tyson stated he is still concerned about the access to Lots 10A, 10B, 11A and 11B. He suggested that possibly a driveway could be constructed between the two units. Mr. Addison stated that there is not enough room to get a driveway through unless it is shared between 10A and 11B. He stated that the 7.8 foot side yard on Lot 11B would not allow the width for a driveway. Mr. Tyson suggested that the lot line could be moved. Mr. Addison stated that it would affect the square footage of the lot. He noted that there would also be vitrtually no yard left; only concrete around the units. He further stated that the perpetual access easement that runs to the owners of lots 10A and 11B will be adequate protection for the use of the common driveway. Mr. Flynn asked how the covenants are to be enforced, since the City is not responsible for the enforcement of covenants. Page Four, Regular Meeting, Planning & Zoning Commission, June 16, 1981 Mr. Addison stated that the owners would have to file suit in civil court. He pointed out that they have removed the easement for the air conditioner and driveway from the expiration of the deed restrictions. He stated that Lot 10B is actually making a grant on his estate for Lot 10A to traverse it and the same is true for Lot 11A granting the right to 11B. Mr. Tyson asked Mr. Addison if they had given thought to leaving these two units out of the PD request. Mr. Addison stated that the owners of these lots want to be part of this request. Chairman Deighloff asked if there were any further proponents or opponents. There being none, Chairman Deithloff declared the public hearing closed. Mr. Williamson stated that he is concerned that a precedent will be set by approving this request. Mr. Tyson stated that he is still in favor of having another driveway con- structed between the units 10A & 10B and 11A & 11B even if it means moving lot lines and air conditioners of these affected lots. Mr. Addison stated that the owners of these units were aware of the situation concerning the driveway and air conditioners when they purchased the units. He stated the current owners have no problem with the situation as it is, and any new owners would be aware of the situation before making their purchase. Mr. Flynn stated that he has observed from Commissioner's concerns that probably the biggest problem in handling this zoning case is the fact that the City has never dealt with substituting restrictive covenants for zoning standards. He inquired who would be responsible for maintaining the drive- way if it became disrepaired. Mr. Addison stated that according to the deed restrictions the repair and maintenance of the driveway will be the joint responsibility of the owners, unless the owners of Lot 10B and Lot 11A spitefully cause disrepair. He stated that these type of easements are not at all uncommon. After additional discussion, Mr. Tyson made a motion to recommend approval of Zoning Case #337 subject to: (1) Staff letter dated May 29, 1981 ; (2) City Attorney's letter dated June 12, 1981 ; (3) that the common wall con- struction as described by the restrictive covenants in paragraph 3, page 2 be described on the site plan and be certified to by the owners as being the existing construction; & (4) that driveways be constructed and air conditioners be moved on Lots 10A & 10B and 11A & 11B in such a way that there are no easements even if it means moving the lot lines between Lots 9A & 10B, 10A & 11B, and 11A & 12B. ® Mr. Williamson seconded the motion, and the vote was as follows: Ayes: Messrs. Tyson, Williamson, Huston, Gibson, Deithloff, and Mrs. Morelock Nays: None Page Five, Regular Meeting, Planning & Zoning Commission, June 16, 1981 Chairman Deithloff declared the motion carried. III . CONSIDER PLATTING - REPLATTING OF LOTS 1R THROUGH 6 AND LOTS 8R THROUGH 18, BLOCK 1 , WILSHIRE VILLAGE SQUARE ADDITION Mr. Addison presented the requested replat stating that each present lot will be divided into two lots. In compliance with the recently passed state law, Senate Bill 767, he stated that the remaining lot owners in the Wilshire Village Square Addition have agreed to the request for replatting and have signed letters to that fact. He again requested that they be allowed to submit the required executed copies prior to filing of the plat. Mr. Knight pointed out that in order to comply with Mr. Tyson's request, it may require revision of some of the lot lines. Mr. Tyson made a motion to approve the replatting of Lots 1R through 6 and Lots 8R through 18, Block 1 , Wilshire Village Square Addition, subject to the City Engineer's letter dated May 29, 1981 , the City Attorney's letter dated June 12, 1981 , and that the City Attorney certifies that this replat has occurred in concurrence with his review in reference to Senate Bill 767 subject to the approval and conditions of Zoning Case #337. Mr. Williamson seconded the motion, and the vote was as follows: Ayes: Messrs. Tyson, Williamson, Gibson, Huston, Deithloff, and Mrs. Morelock Nays: None Chairman Deithloff declared the motion carried. IV. CONTINUATION OF PUBLIC HEARING - ZONING CASE #343 - REQUEST OF JIM CULBERTSON FOR CHANGE OF ZONING FROM R1 TO R3 & R4 WITH CUD FOR CONFORMING HOUSING ON TRACTS 2 & 3, . & NORTHERN PART OF TRACT 4, RAY SHELTON SUBDIVISION, LOCATED NORTH OF HARWOOD ROAD AND EAST OF NORTH MAIN STREET Chairman Deithloff stated that the petitioner's architect has requested that this zoning case be tabled until such time that their CUD Site Plan is prepared. C Page Six, Regular Meeting, Planning & Zoning Commission, June 16, 1981 Mrs. Morelock made a motion to table the public hearing of Zoning Case #343 until such time that the petitioner has submitted his CUD Site Plan, that property owners be renotified, and request reimbursement for mailing-costs. Mr. Huston seconded the motion, and the vote was as follows: Ayes: Mrs. Morelock and Messrs. Huston, Tyson, Gibson, and Deithloff Nays: None Abstentions: Mr. Williamson Chairman Deithloff declared the motion carried. V. PUBLIC HEARING - ZONING CASE #344 - REQUEST OF JIM HARRIS FOR CHANGE OF ZONING FROM R2 TO PD (R2) ON TRACTS 1A2, lA3 AND PORTIONS OF TRACTS 1A1 & 1A1B, J. E. FIELD SURVEY, A-540, LOCATED SOUTH OF GLADE ROAD AND WEST OF NORTH MAIN STREET Chairman Deithloff opened the public hearing and explained that the proponents would be heard first and then opponents. Mr. Jim Dunaway, representing Jim Harris, stated that they have revised their development plan from what was previously submitted in May by eliminating the alleys. The only variance requested is the front setback. He stated that he received copies of Mr. Flynn's letter dated June 12th and Mr. Knight's letter dated June 12th and has no objections to any of the comments. Mr. Tyson asked what type of screening the developer will provide. Mr. Dunaway stated that they will screen the rear yards and the side yards between other units. There will be a screening fence along North Main Street and Glade Road and also between the commercial tract and the subdivision. Mr. Flynn stated that the developer will also be required to have a fence down the middle of the driveway and a gate across the front in lieu of the covered parking as pointed out in the Staff letter. Mr. Tyson asked where the sidewalks will be located along Glade Road and North Main Street. Mr. Flynn stated that the sidewalks will be outside the fence area in the right-of-way. Mr. Dunaway stated that the sidewalks will be constructed along with improve- ments to Glade Road and North Main Street. Page Seven, Regular Meeting, Planning &Zoning Commission, June 16, 1981 Mr. Knight stated that the developer would escrow the monies necessary for sidewalk construction with escrows for other public improvements. There being no additional proponents or opponents, Chairman Deithloff declared the public hearing closed. Mr. Tyson stated he was concerned that there would not be adequate room for the rear parking turnaround. Following additional discussion concerning the rear parking turnaround, the developer agreed to work with Mr. Knight in alleviating the problem. Mr. Williamson made a motion to approve Zoning Case #344 subject to the following: (1) Staff letter dated June 12th, (2) provisions being worked out for the rear parking turnaround, (3) screening fence provided along North Main Street and Glade Road, (4) correct zoning case number on Development Plan, and (5) subject to the City Council approval of the P & Z recommendations for screening in lieu of covered parking. Mr. Gibson seconded the motion, and the vote was as follows: Ayes: Messrs. Williamson, Gibson, Tyson, Huston, Deithloff, and Mrs. Morelock Nays: None Chairman Deithloff declared the motion carried. VI. CONSIDER PLATTING - PRELIMINARY PLATTING OF NORTH GLADE ADDITION, LOCATED SOUTH OF GLADE ROAD AND WEST OF NORTH MAIN STREET Mr. Jim Dunaway, representing Jim Harris, presented the preliminary plat for the North Glade Addition. There being no questions, Mr. Williamson made a motion to approve the pre- liminary platting of North Glade Addition subject to the City Engineer's letter dated June 12th and the approval of Zoning Case #344. Mrs. Morelock seconded the motion, and the vote was as follows: Ayes: Mrs. Morelock and Messrs. Williamson, Tyson, Huston, Gibson, and Deithloff Nays: None Chairman Deithloff declared the motion carried. C 1 Page Eight, Regular Meeting, Planning & Zoning Commission, June 16, 1981 VII. PUBLIC HEARING - ZONING CASE #345 - REQUEST OF RICK BARNES FOR CHANGE OF ZONING FROM R1 TO R1 WITH SP FOR CUD FOR VARIABLE HOUSING ON TRACT 3H, A. J. HUITT SURVEY, A-709, LOCATED EAST OF SOUTH MAIN STREET AND NORTH OF SOUTH EULESS ELEMENTARY Chairman Deithloff stated that the petitioner had requested earlier today that his zoning request be withdrawn. VIII. ADJOURNMENT The meeting adjourned at 10:10 p.m. Alf / 4? if airman C