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HomeMy WebLinkAbout1984-01-24MINUTES OF f REGULAR MEETING OF THE EULESS CITY COUNCIL January 24, 1984 CALL TO ORDER 1984-016 A regular meeting of the Euless City Council was called to order at 8:00 p.m. Tuesday, January 24, 1984, in the Council Chambers of thP Euless Municipal Building, by Mayor Harold G. Samuels, 'Counci lmembers present were Mayor P ro-Tem Willie Mae McCormick, Councilman Glenn Walker, Councilman Bob Eden, Counci iman Robert Pippin, and Councilman Ron Sternfels, Staff Members Present James Knight, City Engineer Tom Hart, Assistant City Manager INVOCATION Bob McFarland, City Attorney Kay Rainey, City Secretary Rosemary Gafford, Secretary Visitors Liz Newlin, Mid-- Cities Daily News Edward and Loraine Stamm John Morris Joy Fowler Jeff and Jo Ball Bill and Joey Edwards Ben A. Stephenson Vernon and Wynne Monroe Neal W. Adams Steve Meeks David C. Hughes, Jr, Roy and Jeanette Gresham Thomas E. Shaw Perry and Faye Rose Ann E. Kraatz and other interested parties The invocation was given by Councilman Bob Eden. APPROVAL OF MINUTES The minutes of the regular meeting on January 10, 1984, were approved as written, 1984-017 Euless City Council Regular Meeting January 24, 1984 - Page Two OLD BUSINESS ITEM 1: SECOND AND FINAL READING Of ORDINANCE NO. 770 Mr. Pippin moved to approve second and final reading of Ordinance No. 770, for a change of zoning from "C--1" Neighborhood Business District, "C-2" Community Business District, and CUD "R -3" Multi-family Dwelling District., to "C-2 Con rrunity Business District (ingress/egress only) on certain property out of the J. P. Milford Survey, A-711, relating to Zoning Case No. 421. Mr. Walker seconded the motion. Ayes: Messrs. Pippin, Walker, Eden, Sternfels, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. NEW BUSINESS ITEM 2: CONSIDERATION OF PLATTING Mr. Walker moved to approve preliminary platting of Villages of Bear Creek, First Installment, located east. of Fuller-Wiser Road, from Harwood Road to Mid - Cities Boulevard (previously CIE:b- Sparg:" Road), d }, �n accordance with the recommenda- tions of the Planning and Zoning Commission. Mrs. McCormick seconded the motion. Ayes: Mr. Walker, Mrs. McCormick, Messrs. Pippin, Eden, Sternfels Nays: None Mayor Samuels declared the motion carried. ITE`'1 3: CONSIDERATION OF PLATTING Mr. Eden moved to approve final platting of Stockade Storage Addition No, 1, located south and adjacent to State Highway 10, west. of FNI 157, and north of South Pipeline Road, in accordance with the recommendations of the Planning and Zoning Commission. Mr. Sternfels seconded the motion. Ayes: Messrs. Eden, Sternfels, Pippin, Walker, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. 1984 -018 Euless City Council Regular Meeting January 24, 1984 -- Page Three ITEM 4: CONSIDERATION OF PLATTING Mr, Eden moved to approve replattinq a portion of Tract 1R, Westpark Central Addition, into Lots 1, 2, and 3, Block 1, Westpark Central Addition, located north of Tibbets Drive, west and adjacent to Westpark Way, and south of Airport Freeway, in accordance with the recommendations of the Planning and Zoning Commission. Mr. Walker seconded the motion. Ayes: Messrs. Eden, Walker, Pippin, Sternfels, Mrs. McCormick Nays: N o n e Mayor Samuels declared the motion carried. ITEM 5: CONSIDERATION OF PLATTING Mr. Eden moved to approve replattinq of a portion of Block B. Interna- tional/Regional Industrial Complex into Lots 1 and 2, Blocs B, Interna- tional/Regional Industrial Complex, located east and adjacent to Royal Parkway and north and adjacent to South Pipeline Road, in accordance with the recom- mendations of the Planning and Zoning Commission. Mr. Pippin seconded the motion. Ayes: Messrs. Eden, Pippin, Walker, Sternfels, Mr's. McCormick Nays: None Mayor Samuels declared the motion carried. ITEM 6: CONSIDERATION OF CALLING f? PUBLIC. HEARING FOR ZONING CASE NO. 84 -02 •Mr. Pippin moved to call a public is hearing on February 28, 1984, for Zoning Case No. 84 -02. a. request of Chris Sutherland for a change of zoning on Lot 4R2, Block 1, Harwood Plaza, a total of 4.69 acres, from "PD" Planned Development and "C -2" Community Business District to "PD" Planned Development, located at 1010 North Industrial Boulevard. Mr, Sternfels seconded the motion. Ayes: Messrs, Pippin, Sternfels, Eden, Walker, Mrs. McCormick 'Nays: None Mayor Samuels declared the :motion carried, 1984 -0.19 Euless City Council Regular Meeting January. 24, 1984 a Page Four ITEM 7: PUBLIC HEARING FOR ZONING CASE NO. 422 Mayor Samuels explained the public hearing process, and opened the public hearing for Zoning Case No. 422, a request of Keith Wallace for a change of zoning on Tract 4A, Levi Franklin Survey, A -513, a total of 18.15 acres, from "R -1,s Single- family Detached Dwelling District to "C -2" Community Business District, located east of SH 121, and north and adjacent to proposed Mid - Cities Boulevard (formerly Cheek - Sparger Road). Mr. Keith Wallace, Washington/Wallace, Inc., 803 Forest Ridge, Bedford, Texas, representing Ors. Roberts and Hyde, presented the zoning request. Mr, Wallace emphasized that. Drs. Roberts and -Hyde were local citizens and not land developers; and that, due to the increase of development in the area, a need exists for commercial services on this property. By recognizing the need for this zoning request, neighborhood needs will be satisfied in close proximity by fitting into the pattern of development. Mr. Wallace stated that the 100 -Year Flood Plan would absorb about 30 percent of the property; therefore, there would not be enough room for multi- family and "C- 2" development like the area to the north that is "C -2 ". When Mid-Cities Boulevard is developed in Euless, it will create high visibility to this tract, and eventually create a. corner for commercial uses, namely, a shopping center. Establishing a "C-2" zoning is also consistent with the zoning in the area, and the City Council's recommendation for more commercial zoning in the area, Mayor Samuels asked if there were other proponents for the zoning case. There being none, he asked if there were any questions or discussion of the City Council. Mr, Sternfels asked what was the approximate depth of the "C -2" zoned property to the North, Mr. Wallace said that it varied 500 feet to the north and 300 feet to the south. Mayor Samuels asked if there were any opponents to the zoning case. There being none, he declared the public hearing closed. Mr. Sternfels moved to approve Zoning Case No, 422, in accordance with the recommendations of the Planning and Zoning Commission. Mr, Walker seconded the motion. Ayes: Messrs, Sternfels, Walker, Pippin, Eden, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. 1984"020 Euless City Council Regular Meeting January 24, 1984 _ Page Five ITEM PUBLIC HEARING FOR ZONING CASE NO, 424 Mayor Samuels explained the public hearing process, and opened the public hearing for Zoning Case No. 424, a request. of John Hallman for a change of zoning on Lots 1, 2, 3 and 4, Block 1, Cedar Hill Estates, a total of 3.38 acres, from "R-1" Single -- family Detached Dwelling District to "R--4" Multi- family Dwelling Dis- trict, located on the northwest corner of South Main Street and Hollywood Road. Mr. Hallman, 1203 High Meadow Cove, Round Rock, Texas, presented the zoning request. and stated that, since this property fronts on Main Street which has become predomlnantly commercial, this particular piece of property has become less desirable for residential development. Most of the property in this area has become rental property and, in his opinion, become econo€nicaily depressed and would benefit by an owner occupied multi- family complex of 54 units. The proposed housing will buffer all the residential area from traffic on Main Street and revitalize the depreciating neighborhood. Mayor Samuels pointed out to the audience that this zoning request was denied by the Planning and Zoning Commission, and would require a four- fifths vote of the City Council for approval of the zoning change. Mayor Samuels asked if there were other proponents for the zoning case. There being none, he asked if there were any questions or discussion of the City Council. City Attorney Bob McFarl and asked Mr. Hallman if the property was restricted now for commercial use only. Mr. Hallman stated that, according to the covenant that travels with the property, it was restricted to "C -1" Neighborhood Business District, and that he tried to change the zoning to "R -5" Multi-family Dwelling District August 16, 1983 but was denied the request because of the high density. Mayor Samuels asked if there were any opponents to the zoning change. Mr. Jeff Bali, 116 Reaves Court, Euless, Texas, a retired engineer stated that. deterioration of neighborhoods has always begun with incursion of rental property' on homeowners. Mr. Bali said that he and his neighbors feel 1 is s hbor�, � e -I thc••Y are fighting for property values and that they also oppose the project because it would create more traffic is on South Main and endanger chi ldren, since South Euless Elementary is across South Main from the proposed apartment complex, Mayor Samuels asked for a show of hands of the people in the audience who opposed this zoning change, and approximately 1.1. people responded. Mayor Samuels asked if there were any other opponents to the zoning change, There being none, he declared the public hearing closed. Mrs, McCormick .moved to deny Zoning Case No. 424, in accordance with the recommendations of the Planning and Zoning Commission. Mr. Walker seconded the motion. Ayes. Mrs. McCormick, Messrs. Talker, Pippin, Eden, Sternfeis Nays: None Mayor Samuels declared the motion carried. Euless City Council Regular Meeting January 24, 1984 w Page Six ITEM 9: PUBLIC HEARING FOR ZONING CASE NO. 425 1984 -021. Mayor Samuels opened the public hearing for Zoning Case No. 425, a request of Don Davis for Windfall investment, , Inc V for a change of zoning on Tracts 5B1A, 5C, SC1, 5C1A. and 5, T. gasper Survey, k-861, a total of 27.771 acres, from "R -1" Single-family Detached Dwelling District, "C -2" Community Business District, and "R -2" Duplex Dwelling District to "C -2" Community Business District and "PD" Planned Development for an office park and warehouse storage, located on the east and south side of j. I. Case Company and north of Kynette Street. Mr. Huey Ball, 210 First State Bank Building, Bedford, Texas, representing Windfall Investment, Inc., presented the zoning request. Mr. Ball stated that the present. zoning is in accordance with property lines and boundaries established to an older circulation plan, prior to any awareness of the presently existing f r"eew;ay. Westpark Way, or Kynette Drive. In summary, applicants requested that the Council change the zoning of Tract A. to "C-2", Trace. 11 to "C -2 ", Tract C to "PD", conforming to the pledges and restrictions noted on the attached site plan for the development of the office business park. Applicants would work to protect the homeowners from traffic encroachment of the commercial facility, from visual encroachment of their environment, plus giving them use of additional land to protect them as much as within. their power, along with existing trees and the easement along their property. Mayor Samuels asked if there were other proponents for the zoning change. There being none, he asked if there were any questions or discussion of the City Counc : i before hearing from any opponents. There being none, Mayor Samuels commented that he and Mrs. McCormick attended the Planning and Zoning Commission meeting, and the full presentation is quite lengthy. Mayor Samuels asked if there were any opponents to the zoning change. Mr. ?on Jones, 1821 Kynette, Euless, objected to the proposed height of the buildings. Mr. Steve Blasdell, 1908 Kynette Drive, Euless, objected to the removal of existing natural trees, He presented pictures of the existing planting screen that consists of large red oaks to the City Council, and literature from: Texas A&M estimating the value of a ten -inch diameter red oak at 51,200 to $1,500, including methods to protect the trees. In summary Mr. Blasdell said the property owners would like to see a commercial project tha. t would be tax based for the City of Euless, maintain the trees on the existing fence line, have an eight-foot. masonry wall for privacy, protect the six-inch caliber trees and larger, and a green area or the south side of the property to keep the cars away from their backyards. 1984-022 Euless City Council Regular Meeting January 24, 1984 - Page Seven ITEM 9: PUBLIC HEARING FOR ZONING CASE NO. 425 (Cont.) Mayor Samuels stated that he was under the impression at the Planning and Zoning Commission meeting that the trees would not be touched. Mr. Blasdell replied that he and Mr. Ball inspected the property, and several large trees would be in the way of the masonry wall. These trees would have to be removed, and if they were not removed and the proposed parking was four or five feet from the masonry wall, the cut and f i l l would almost destroy the trees. Mr, Roy Gresham, 1916 Kynette, Euless, stated that the homeowners would like to have the wall built first, in order to cut down on the dust, noise level, and minimize unattractive nuisance problem that occur during construction time. He would like to see a roof structure compatible to a residential home. Mr. Gresham also proposed that the word "warehouse storage" be deleted from the ordinance, so there can be no misunderstanding on that point of view, even though Mr. Ball stated that "warehouse storag e" meant "business storage.': Mr. Edward Taylor, 1820 Kynette, Euless, Texas, stated in summary that the row; of trees that exist in almost a straight line the entire length of the backyards of residences on Kynette Drive would be a good bu ffer, a masonry fence five feet from property lines would remove several trees, and that more trees (some of them 30 to 40 feet high) would die due to construction. Ten- foot trees proposed would not be as good a buffer, and a wider buffer zone is needed to maintain privacy. Mayor Samuels asked if anyone had determined what would be a . good buffer to allow trees to be saved. Mr. Taylor suggested an additioral fire to six feet be provided north of the shoulder site. Mayor Samuels asked all opponents to raise their hands who would like to go on record as opposing this zoning change. Fifteen hands were raised. Mayor Samuels asked if there were any other opponents to the zoning "' ", vor Samuels addressed Mr. Ball in regard to a survey of the trees in Question. Mr. Ball replied that on December 15, 1.983, he and one of the men in his office made a visual survey with tape and measured every tree along the fence line that was six -inch caliber or more within 25 feet of the existing property line. There are nine trees beyond the five -foot line and within the 25-foot line that are greater than six-inch caliber. There are some trees that will be lost even if the fence is moved 20-feet from the north line. Along the whole 1,070 feet the masonry wall will not go through more than two trees over an eight -inch caliber on the project, Mr-. Ball emphasized that the developer was planning for only a one -story building and according to city ordinance, it could he up to 35 feet. They plan a height of 20 feet to the parapet, but not a shed roof construction. Mr. Eden stated that he appreciated the developer's position, but that his main concern was to give the homeowners plenty of buffer. It appears that, in order to protect the trees, another five feet from the property line are needed. 1.984. -023 Euless City Council Regular Meeting January 24, 1984 _ :'age Eight ITEM 9: PUBLIC HEARING FOR ZONING CASE NO. 425 (Cont.) Mr, Eden asked if the developer planned to build the fence prior to constructing the building. Mr. Ball replied that, in accordance with the Planning and Zoning Commission, it would be required to be built first. Mr. Eden wanted to know if the project would work by setting the fence back another five feet, Mr. Ball stated that he would have to ask the owner. Mr. Ball stated that in his opinion it would place the project in jeopardy. Mr. Sternfels commented that it did seem superfluous to cut down existing mature trees and replace them with smaller and younger ones. Mr. Sternfels states; that he did not see that when you have 80 feet, five feet would jeopardize any type of development. Mr. Sternfels felt that this would be a reasonable concession, and perhaps the project should be tabled until Mr, Ball can address the owner. Mayor Samuels declared the public hearing closed. Mr. Pippin moved to approve Zoning Case No. 425, as stipulated by Planning and Zoning Commission, with the additional condition that the screening fence be moved ten feet from the property line, and that the trees in the parking lot be cut out of the parking area and islands built around them. Mr. Walker seconded the motion. Mr. Ball inquired who would be responsible for the upkeep and maintenance of the ten feet. City Attorney Bob McFarland stated that it would be the option. of the owner to continue ownership of the ten feet, and the owner would have to maintain the footage subject to the. City standards relative to the weed and site ordinances. If the owner wants to deed the ten feet to the property owners, and they accepted the conveyance, then it would be the responsibility of the property owners to maintain. Mayor Samuels commented that if the Council had known that the fence would not disrupt any more trees at the location where proposed, versus the five feet further north, then Council may have required the parking lot be an additional five feet away, but allowed the fence to stay where it was. Mr. Pippin offered to withdraw his motion and table the zoning case. City Attorney Bob McFarland stated that the Council can amend the motion at the second reading. Perhaps a landscape architect, jointly agreed upon by the homeowners and the builder, could submit written documentation to the Council as to what distance from the property line would be required to place the fence and save all the trees within the inside confines. 1984-024 Euless City Council Regular Meeting January 24, 1984 d Page (vine ITEM 9: PUBLIC HEARING FOR ZONING CASE NO. 425 (Cont.) Mayor Samuels stated that the Council is not trying to take an additional five feet from the property owner and give it. to the homeowners. If the fence can remain where it is, but the parking lot be moved an additional five feet forward, that would get the cars five more feet from the owner's property, and would make the green belt larger to save the trees. Between now and the next meeting, if we can get an accurate survey by a landscape person or nursery person that would say that we could leave the fence where it was proposed and make the green belt larger to the North, then the Council could amend the motion and include the survey. If it is necessary to move the fence ten feet to save the trees, then the motion would stand. There will not be another public hearing, unless it was totally denied and brought up again. Attorney McFarland stated that the Council has moved and, if it be the pleasure of the Council to adopt the motion, to move the fence ten feet. If that fence can be brought in closer to the property line and the parking moved to save all the trees, it's going to be to the advantage of the developer to furnish the City that data from a reliable source. Mayor Samuels requested the City Secretary to poll the Council on the motion that was made by £1r. Pippin and seconded by Mr. Walker. Ayes: Messrs. Pippin, Walker, Eden, Walker, Sternfels, Mrs. McCormick, Nays: None Mayor Samuels declared the motion carried. ITEM 10: CONSIDERATION Of BID AWARD FOR CIVIL. DEFENSE SIREN SYSTEM Mayor Samuels announced that this item would be tabled until the February 14, 1984, City Council meeting, ITEM 11: CONSIDERATION OF RESOLUTION NO. 84 -557 Mr. Eden moved to approve Resolution No. 84-557, calling a general election on April 7, 1984, for the City of Euless. Mr. !Walker seconded the motion, Ayes: Messrs. Eden, Walker, Pippin, Sternfels, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried, 1984.025 Euless City Council Regular Meeting January 24, 1984 - Page Ten ITEM 12: CONSIDERATION OF AN APPOINTMENT FOR JOSS TRAINING PARTNERSHIP ACT Mr. Sternfels moved to approve the appoint3tent. of Paul Marsh as representative for the Jobs Training Partnership Act, and the appointment of Dave Phelps as an alternate representative, in order to allow someone to attend the Jobs Training Partnership Act meetings monthly. Mr. Sternfels also stated that he would like to continue as liaison to the Council, working with these individuals, and keeping the Council informed of this program. Mr, Pippin seconded the motion. Ayes: Messrs. Sternfels, Pippin, Eden, Walker, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. ITEM 13: CONSIDERATION OF FIRST AND FINAL READING OF ORDINANCE Nei. 771 Mr. Walker moved to declare an emergency and approve Ordinance No. 771, updating the City of Mess Inspection Department fees. Mr. Sternfels seconded the motion. Ayes: Messrs. Walker, Sternfels, Pippin, Walker, Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. ITEM 14: CONSIDERATION OF FIRST AND FINAL READING OF ORDINANCE NO. 772 Mr. Eden moved to declare an emergency and approve first and final reading of Ordinance No. 772, vacating a utility easement on Lot 2, block B, Interna- tional /Regional Industrial Complex. Mrs. McCormick seconded the notion. Ayes: Mr. Eden, Mr's, McCormick, Messrs. Pippin, Sternfels Nays. None Mayor Samuels declared the motion carried. (City Secretary's Note: Mr. Walker absent from the room during vote.) 1984-026 Euless City Council Regular Meeting January 24, 1984 - Page Eleven ITEM 15: CONSIDERATION OF A RESOLUTION FOR PROPOSED EXIT RAMP ON SH 183 Mayor Samuels stated that he and the City Council want to study this resolution further, and consideration of the resolution regarding a proposed exit ramp on SH 183 was tabled. ITEM 16: CITY ATTORNEY'S REPORT Mr, McFarland stated that he had nothing to report. ITEM 17: CITY ENGINEER'S REPORT Mr. Knight stated that he nothing to report. ITEM 18: CONSIDERATION OF PLATTING Mr. Sternfels moved to approve final platting of Lot 1, Block 6, Villages of Bear Creek Addition, First Installment, located at the northeast corner of Village Drive and Fuller-Wiser Road, with the stipulation that 1.75 parking spaces per unit be providpd, and that 65 percent masonry construction be required on the buildings. Mrs. McCormick seconded the motion and requested that as many trees be saved and the property landscaped as such as possible. Ayes: Mr. Sternfels, Mrs. McCormick, Messrs. Pippin, Eden, WP.lker Nays: None Mayor Samuels declared the notion carried. ADJOURNMENT' There being no further business before the City Council, the meeting was adjourned at 10:45 p.m. APPROVED: ATTEST: