HomeMy WebLinkAbout1983-07-26MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
July 26, 193
CALL TO ORDER
1903 -146
A regular meeting of the Euless City Council was called to order at 8 :00 P.M.,
Tuesday, duly 26, 1983, in the Council Chambers of the Euless Municipal
Building, by Mayor Harold D. Samuels. Councilmembers present were Mayor Pro -
Tem Willie Mae McCormick, Councilman Robert Pippin, Councilman Bob Eden,
Councilman Glenn Walker, and Councilman Ron Sternfels.
Staff Members Present
W. M. Sustaire, City Manager.
James Knight, City Engineer
Tom Hart, Assistant City Manager..
INVOCATION
Bob McFarland, City Attorney
Kay Rainey, City Secretary
Rosemary Gafford, Secretary
Visitors
Linda Evans
Evona Canada
J. R. Hooper.
Kevin Carver
Ralph and Marilyn Good
R. O. Darnell
Don Hawthorne
Donald C. Harris
Mr. and Mrs. Jay Medley
Donald Sexton
Terry R. Leach
W. T. Geer
and other interested persons.
The invocation was given by Mayor Harold D. Samuels.
APPROVAL OF MINUTES
The minutes of the regular meeting on June 28, 1983, and the called meeting on
July 5, 1983, were approved; as written.
1983 -147
Euless City Council Regular Meeting - July 26, 1983 - Page Two
OLD BUSINESS
ITEM 1: SECOND AND FINAL READING OF ORDINANCE NO. 748
Mr. Pippin moved to approve second and final reading of Ordinance No. 7118,
authorizing and allowing updated service credits for qualifying members of
the Texas Municipal Retirement System.
Mr, Walker- seconded the motion.
Ayes: Messrs. Pippin, Walker, Eden, Sternfels, and Mrs, McCormick
Nays: None
Mayor Samuels declared the motion carried.
ITEM 2: SECOND AND FINAL READING OF ORDINANCE NO. 749
Mr. Eden moved to approve second and final reading of Ordinance No. 749, for
a change of zoning from "C-1" Neighborhood Business District to "R -2" Two-
family Dwelling District with "CUD" Conforming Housing for Single- family
Attached Housing, for certain property out of the Cedar Hills Estates Addition
to the City of Euless, relating to Zoning Case No, 366.
Mrs. McCormick seconded the motion.
Ayes: Mr. Eden, Mrs. McCormick, Messrs. Pippin, Walker, and Sternfels
Nays: None
Mayor Samuels declared the motion carried.
ITEM 3: SECOND AND FINAL READING OF ORDINANCE NO. 750
Mr. Eden moved to approve second and final reading of Ordinance No. 750, for
a change of zoning from 'R-3" Multi-family Dwelling District with "CUD" to
"PD" Planned Development for stacked and detached condos, for certain
property out of the S. Huitt Survey, A -705, relating to Zoning Case No. 404.
Mr. Pippin seconded the motion.
Ayes: Messrs. Eden, Pippin, Wacker, Sternfels, and Mrs. McCormick
Nays: None
Mayor Samuels declared the motion carried.
1983-148
Euless City Council Regular Meeting - July 26, 1983 - Page Three
ITEM 4: PUBLIC HEARING FOR ZONING CASE N0 405
Mayor Samuels explained the public hearing process and opened the public
hearing for Zoning Case No. 405, a request of Robert Darnell for a change of
zoning from "R -1" Single - family Dwelling District to "C -1" Neighborhood
Business District, on Lot 18, Block 1, and "R -1" Single - family Dwelling
District to "R -3" Multi - family Dwelling District, on Lots 31 and 32, Block 2,
J. E. Whitener Estates, located east of South Main Street, north of Pipeline
Road, west of Knob Hill Mobile Home Park, and south of Whitener Drive.
Walter Elliott, with the firm of Elliott & Hughes Consulting Engineers, and
representing Mr. Robert Darnell and Jack Hagen, presented the request for
rezoning this property. He explained that the property surrounding this area
is present'.y. zoned 'C -1 ", and contains apartments which are classified non-
conforming use. The proposed development consists of a small neighborhood
shop that will be compatible and similar to one that is located immediately
further north on South Main Street. It will be strictly for neighborhood use
with no liquor or beer being sold. The Planning and Zoning Commission voted
3s i" " 3"
favorably tc, recommend to the Council a change of zoning from R -� to R -� ,
since it would be compatible with the surrounding zoning and will add to the
community.
Mr. Eden asked Mr. Elliott how many acres were involved and his response was
3.89 acres. Mrs. McCormick asked how many units they were requesting, which
was approximately 19 units. Mr. Eden inquired as to whether or not the two
zoning requests could be handled separately and presented one at a time. Mr.
Elliott stated that they could be handled separately, and that the Planning
and Zoning Commission elected to vote on them separately, because the property
is not contiguous.
Mayor Samuels asked if there were other proponents for the zoning request.
There being crone, he asked if there were any opponents to the zoning change.
Terry Leach, Attorney, 729 Bedford- Euless Road, Hurst, Texas, representing
118 Knob Hill Mobile Home Park owners, presented opposition to the change of
"R -1" to 'R-3" zoning in this area. Mr. Leach presented petitions in support
of the opposition from property owners within 200 feet of the site in
question, homeowners in Knob Hill Mobile Park not necessarily within 200 feet,
and petitions from persons in the Twin Creek Estates.
City Attorney Bob McFarland asked Mr. Leach if he was submitting the peti-
tions as informational purposes for the Council, or was it his intention
that they were presented under the code so as to establish a zoning under
protest, with the requisite number of the abutting property owners. Mr. Leach
stated that the petitions were presented as a protest and that the first
petition containing names of homeowners within 200 feet of the property in
question represented 42 percent of the property owners.
]983-}48
Euless City Council Regular Meeting - July 26, 1983 - Page Four
Primary concerns voiced by Mr. Leach were what would be b8st for the City
of Euless and the best use of the land. Directly north there is "R-5" zoning
with 247 proposed apartments; to the west there is another oR-5" zoning that
has 160 existing apartments; to the south is the City of Fort Worth that has
zoned the area for apartments also. The Knob Hill Mobile Home Park is directly
east and adjacent to the property in question. Mr. Leach distributed pictures
of the mobile home park to illustrate that the park is not the normal sterotype
mobile home park, and emphasized that Knob Hill was an example 0fwhat amobile
home park should he. The park is not extremely high density, it is well kept
and the people in Knob Hill are proud of what they have and want to keep it that
way. With additional apartments you have additional traffic problems,
security problems, and police problems. Knob Hill residents are primarily
0wnerc, not renters or tenants. APymUlti-story units will be looking down on
Knob Hill Mobile Home Park and right into the backyards of everyone in the
park.
Three alternatives were suggested by Mr. Leach: (1) Commercial type unit
(mini-warehouses or some other type commercial zoning which would be a good
tax base, and yet not increase the density problem; (2) Mobile homes that
would fit in with existing housing, because it would not be a high density as
(3) "R-3"; / �3) "R-2«, duplex` or »R-}" single-family zoning.
Mrs. McCormick asked Mr. Knight what was recommended in this area in the new
Future Land Use Plan, and he stated that it appeared to be multi-family type.
R«rOO Smith, 302 Dunaway Drive, Euless, Texas, who lives a little north cf the
area under discussion, introduced himself as spokesman for approximately 150
homeowners in Oak Crest Estates. Existing apartments in this area have become
eyesores, Crime factors, and trash problems. The Planning and Zoning
Commission initially denied a request for a "R-5" zoning, denied a second
request for a »R-4» zoning and amended the request to a ^R-]" zoning without
any of the homeowners having the opportunity to voice their opposition at that
W. T. Geer, #3 Kenneth Drive, Euless, Texas, President of the Knob Hill
Homeowners' Association, stated that they were grateful they could come
before the Council with a problem beyond their control. The citizens of Knob
Hill and the Board of Directors respectfully request that the Council deny the
zoning change request, because it is not in the best interest Of the property
owners in the area.
Mayor Samuels commented that he drove through Knob Hill that afternoon and he
was very impressed with the cleanliness and orderliness, especially' the way
the yards, trailers, and cars were parked so neatly and orderly.
J5y. Medley, 12 Kenneth Drive, Euless, Texas, a resident of Knob Hill Park,
stated he moved to Euless to escape a density problem and he, along with other
residents of the mobile home park, are retirees or soon to become retired.
Their homes were mobile coming in, but many residents have sold their wheels
and are there until they die. He would like to defend his right to stay in his
home and not have to look for somewhere else to live.
1983-150
Euless City Council Regular Meeting - July 26, 1983 - Page Five
Mayor~ Samuels asked if there were any other opponents to the zoning request.
There being none, he asked if there were any questions or discussion of the
Council. There being none, Mayor Samuels declared the public hearing closed,
Mr. Pippin moved that the Council approve the commercial portion of the zoning
request, and deny the request for, "R-3" zoning on the approximate 3.3 acres.
Mr. Walker seconded the motion.
Mr. Sternfels moved to amend the motion made by Mr. Pippin and seconded by Mr,
Walker, to approve the zoning change to C -1" Neighborhood Business District. on
Lot 1B, Block 1, and "R -2" Single - fancily Attached on Lots 31 and 32, Block 2.
Mrs. McCormick seconded the motion.
The vote to amend the original motion was as follows:
Ayes: Mr. Eden, Mrs. McCormick, Mr, Sternfels,
Nays: Messrs. Pippin, Walker
Mayor Samuels declared the motion carried, thereby allowing a vote on the
amended motion.
Ayes: Mr. Sternfels, Mrs. McCorrnick, Messrs, Pippin and Eden.
Nays: None
Abstentions: Mr. Walker
Mayor Samuels declared the motion carried.
ITEM 5: PUBLIC HEARING FOR ZONING CASE NO. 406
Mayor Samuels explained the public hearing process and opened the public
hearing for Zoning Case No. 406, a request of Coy and Billie Moon for a
change of zoning from "R -1" Single-family Dwelling District to "R -2" Two-
family Dwelling District with "CUD" for Single -- family Attached €Housing, on
Lots 20 and one-half of Lot 21, Block 2, Arnett !addition. Located north of
Arnett Drive, south of Alexander Lane, west of south Main Street, and east
of Martha Street.
Coy Moon and his wife Bi l l ie Moon, 425 East Harwood Road, Euless, Texas,
stated that the reason for their request is that Lot 21 was divided in the
original platting by a branch that goes right through the middle of the
lot.. Since the platting, it was realized it: was not practical to build on
Lot 21, since it is divided into almost two equal parts. Those two parts
are owned by two different owners now. The west half of Lot 21 is not
practical to develop alone. However, when you combine Lot 20 and the west
half of 21, it makes an ideal situation for a single - family attached home.
This plan will provide for the housing needs of two families; will remove
1983 -151
Euless City Council Regular Meeting - duly 26, 1983 - Page Six
the temptation for undesirable usage or illegal dumping on the vacant lots,
and will make possible the development of an otherwise unusable one -half
lot. It converts one and one -half vacant lots into two homes with tax
basis. They propose to build two single - family attached homes with
approximately 1,508 and 1,848 square feet respectively. One home will be
their residence and the other home will be sold and occupied by the owners.
Mayor Samuels asked Mr, Moon if he had looked into the possibility of
whether the one and one -half lots together and divided in half were large
enough to build two single - family non - attached homes. Mr. Moon had looked
into that, but that would partially render ineffective one of the chief
reasons they are requesting the rezoning. If they are out of town, someone
will be on the premises and it is an extra security precaution,
Donald Sexton, 117 West Alexander Lane, Euless, Texas, stated that he had
a lot just to the north that joins Mr. Moon's, and that he was for the
advanced improvement because it is home ownership. Mayor Samuels asked Mr.
Sexton whether or not anythi €o was built on the other half of Lot 21, and
he stated there was not.
Rachel Fuller, 115 West Alexander, Euless, Texas, stated that the proposed
plan would be an asset to their community, and that her son and daughter
that 1 ive across the street are both proponents for this zoning change.
Mayor Samuels asked if there were other proponents for the zoning request,
There being none, Mayor Samuels asked the Council if they had any questions
before they hear frori opponents, There being none, he asked if there were
any opponents to the zoning change.
H. W. Fitzgerald, who owns the property just east of the property in
question, being the other half of Lot 21, submitted a petition from the
people that live on Arnett to the Planning and Zoning Board against this
rezoning. They were promised that they would have no more multi- -units in
their area after the last apartments in the area were built. He does not
feel that Mr. Moon would need anyone on his property during his absence,
since the security was good in the neighborhood.
Wayne Kerr, 101 Arnett, Euless, Texas, wanted to know how you can go out and
pick out one lot in a whole area and change the zoning.
Mayor Samuels asked if there were any other opponents to the zoning change.
There being none, Mayor Samuels asked the Council if they had any
questions.
Mrs, McCormick asked how long the lot was. Mr. Moon stated that the lot and
one -half was about 100 feet across the back and almost 150 feet across the
front. Mr. Sternfels made the statement that in his opinion you could not
build anything on Lot 21.
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Euless City Council Regular Meeting - July 26, 1983 - Page Seven
Mr. Eden asked Mr. Fitzgerald if a house was built in thds nature with just
one double garage shoring with about. 3,300 square feet home ownership would
hurt his neighborhood. He said he felt like it would downgrade their
property by putting a multiple unit in a single-family neighborhood.
Mayor Samuels asked if there were any other questions or opposition to the
zoning change. There being none, Mayor Sartue1s declared the public .hearing
closed.
Mrs. McCormick droved to approve Zoning Case :do. 406 for a change of zoning
from "R -1 " Single-family Dwelling District to "R-2" Two - family Dwelling
District with " "CUD for Single- family Attached Housing, in accordance with
the recommendations of the Planning and Zoning Commission.
Mr. Eden seconded the motion.
Sternfels comaented that he was not opposed to single fa rely attached
dwellings in particular areas of the city; however, he did have a problem
with placing one single family attached dwelling within an otherwise
single family residential neighborhood. Mr. Eden stated that, he had no
problem with it because he viewers. the single family attached dwelling as a
single family dwelling.
Ayes Mrs. McCormick, Messrs. Eden, Walker, and Pippin
Nays: Mr. Sternfels
Mayor Samuels declared the motion carried.
Mayor Samuels suggested that Mt. and Mts. Moon should check into the
aspect of replatting. Mr. McFarland stated that they would have to now go
through the Council on the second reading and if they continue to approve
the plan, they would have to come in for a replatting of the property to
combine the two lots and also since it was the application "CUD". ". They
should coordinate with the City Staff because there ray be a recent State
law that will apply in this instance.)
ITEM 6: CONSIDERATION OF RESOLUTION NO. 83 -550
Mr. Sternfels moved to approve Resolution NO. 83-550, accepting the
Genera 1 Future Land Use Plan for the City of Euless, Texas.
Mr. Pippin seconded the motion.
Ayes: Messrs. Sternfels, Pippin, Eden, Walker, Mrs. McCormick
Nays: Nbne
Mayor Samuels declared the ration carried.
1983 -153
Euless City Council Regular Meeting - July 26, 1983 -Page Eight
NEW BUSINESS
ITEM 7: CONSIDERATION OF FIRST AND FINAL READING OF ORDINANCE NO. 751
Mr, Pippin moved to approve first and fi
1983 -154
Euless City Council Regular Meeting - July 26, 1983 - Page Nine
Mr. Pippin seconded the motion.
Ayes: Messrs. Sternfels, Pippin, Eden, Walker, and Mrs. McCormick
Nays: None
Mayor Samuels declared the motion carried.
ITEM 11: CONSIDERATION OF PLATTING:
Mr. Eden moved to approve the replotting of Alexander- Cullum Addition,
Lot 30A, into Lots 30AR and 30AR1, located at the southeast corner of East
Huitt. Lane and South 'Mir; Street, in accordance with the recommendations
of the Planning and Zoning Commission.
Mr. Pippin seconded the motion.
Ayes: Messrs. Eden, Pippin, Walker, Sternfels, and Mrs, McCormick
Nays: No n e
Mayor Samuels declared the motion carried.
ITEM 12: CONSIDERATRION OF A SITE PLAN
Mr. Walker moved to approve the development plans for Lot 2, Ray Shelton
Subdivision, located east of North Main Street, and North and adjacent to
Harwood Road, in accordance with the recommendations of the Planning and
Zoning Commission.
Mr. Pippin seconded the motion.
Ayes: Messrs. Walker, Pippin, Eden, Sternfels, and Mrs. McCormick.
Nays: None
Mayor Samuels declared the motion carried.
ITEM 13: CONSIDERATION OF CALLING A PUBLIC HEARING
Zoning Case No, 412, a request of Jim Fitzgerald for a orange of zoning
from "C -1" Neighborhood Business District. and "C -2" Community Business
District to "CUD" for Conforming Housing (R -5, limited to 20 U/A), on
Tracts 23 and 231, a. P. Hal ford Survey, A -711, located east of Himes
Drive, west and adjacent to North Main Street., south of Midway Drive, and
north of SH 183, was withdrawn.
1983 -.55
Euless City Council Regular Meeting - July 26, 1983 - Pale Ten
ITEM 14: CONSIDERATION OF PLATTING
Mr. Eden moved to approve the preliminary platting of Softball World,
located south of SH 10, north of South Pipeline Road, east. of Highland
Drive, and west of FM 157, in accordance with the recommendations of the
Planning and Zoning Commission.
Mr. Sternfels seconded the motion.
Ayes: Messrs. Eden, Sternfels, Pippin, Walker, and Mrs. McCormick
Nays: None
Mayor Sarrn ±gel s declared the motion carried.
ITEM 15: CONSIDERATION OF PLATTING
Mrs> McCormick roved to approve the final platting of Softball World,
located south of SH 10, north of South Pipeline Road, east of Highland
Drive, and west of FM 157, in accordance with the recon nendat i ons of the
Planning and Zoning Commission.
Mr. Pippin seconded the motion.
Ayes: Mrs. McCormick, Messrs. Pippin, Eden, Walker, and Sternfels
Nays: None
Mayor Samuels declared the motion carried.
ITEM 16: CITY ATTORNEY'S REPORT
Mr, McFarland stated he had nothing to report.
ITEM 17: CITY ENGINEER'S REPORT
Mr. Knight stated he had nothing to report.
ADJOURNMENT
There being no further business before the City Counc i l , the meeting was
adjourned at 9:50 P.M.
APPROVED:
z4&J.
Harold O. Samuels, Mayor
ATTEST:
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Kay Rainij City Sec :r-Lary