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Home My WebLink About1981-07-07 (special called)� �[l The C0]l8d meeting Called t0 order at 6:30 P.M. Building, by Mayor Harold D. Te0 Willie Mae McCormick and W. M. 5U3tdire, City Manager James Knight, City 'EOgineer IN-LUTINTOM A, MINUTES OF A CALLED MEETING OF THE EULE35 CITY COUNCIL ON JULY 7^ 1981 of July 7, 1981, Of the Euless City Council waS , in the Council Chambers of the Euless Municipal Samuels. COunCjl0ember3 present were Mayor Pro Councilmen Walker, Pippin, Eden and 5ternfel5, Staff Members Present Bob McFarland, City Attorney Kay Rainey, City Secretary Visitors Jerry LdF0untaiD Ron Addison The invocation was given by Councilman Glenn Walker. The minutes Of the Regular Meeting of June 23, 1981, were approved as written. ITEMS l II AND III BEING SECOND AND FINAL READING OF ORDINANCE NUMBERS 66-5-, 666, AND 667 Nr3, McCormick moved t0 consider Items T~ II, and III, being Ordinance Numbers 665, 666, and 067, as 0ne, and vote on them simultaneously. Mr, Walker 38c0Od the motion, and the vote i3 as follows: Mrs. McCormick, Messrs. Walker, Pippin, Eden, and 5ternfel3 None Mayor Samuels declared the motion carried. � � � ��v fl Euless City Council Called Meeting - July 7, 1981 - Page Two Mrs. McCormick moved to approve Ordinance N0. 085, pertaining t0 Zoning Case N0. 339, d request of Dan MCLelaUd for change Of ZODiOg from xPD" Planned Development to "C-2" Community Bu3iD2S3 District OD portion Of Tract 4D3` A. J. HUitt Survey, A-584, located south of Airport Freeway and east of LdOUiDtd Inn; Ordinance NO. 866, pertaining t0 Zoning Cd38 NO. 340, Q request of Jimmy Wolff for change of zoning from "C-2x Community Business District t0 nR-4" Multi-Family Dwelling District with "CUD" for Conforming Housing on portion Of Tract A, Lakewood Addition, located north of Ash Lane and east of F.M. 157; and Ordinance MO, 667, pertaining to Zoning Cd38 NO, 341, a request of Jimmy Wolff for change Of zoning from "C-2x Community Business District to xR-4" Multi-Family Dwelling District on portion of Tract 8-R, Lakewood Addition, and '+R-4" Multi-Family Dwelling District to xC-2o Community Business District UO portion of Block ], Lakewood Addition, Second InStd]|N/Dt, located south of Ash Lane and east of F.M. 157. Mr. Walker seconded the motion, and the vote i3 as follows: �yes: Mrs. McCormick, Messrs. Walker, Pippin, Eden, and Sternfels Nays: None Mayor Samuels declared the motion carried. ITEM IV: CONSIDER AN ORDINANCE TO APPROVE ASSESSMENTS ON SOUTH PIPELINE ROAD Mr. Pippin moved t0 approve first reading Of an ordinance for ratifying and approving assessments levied by the City of Fort Worth for a part of the cost of improving South Pipeline Road from State H' hwdy lO to Raider Rndd, Mr. Walker seconded the motion, and the vote i3 as follows: Ayes: Messrs. Pippin, Walker, Eden, Sternfels, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. ITEM V: PUBLIC HEARING FOR ZONING CASE NO. 335 Mayor 3dNUel3 opened the public hearing for Zoning Case NV. 335, a request Of Richard J. Thn0es for D change Of zoning from "PD" Planned Development t0 xR-2x Two-Family Dwelling District and nR-4" Multi-Family Dwelling District on portion Of Tracts 13 and 14, Ray Shelton Subdivision, located west of Fuller-Wiser Road and north Of Harwood Drive. Mayor Samuels recognized Mr. Jerry LOFOQntdin, Executive Vice President and Partner of ThO0es Corporation, Euless, Texas. Euless City Council Called Meeting - July 7, 1981 - Page Three Mr. LdFCUntai: Stated "heir request for o change of zoning would "down zone" the property and greatly enhance its value to the City. He presented several architectural drawings Of the development, which illustrated d Well landscaped area with a small lake, swimming pool, tennis courts, jogging trails, wooded areas, and two-family and multi-family residences. The density is Slightly over twelve units per aCre. He remarked on having a meeting With about forty of the area hU0eOWDer3 who had 0rgfnally pretested the zoning ChdDg8. He presented the project idea to the grUup,eXplaiDed it t0 them, and made some minor adiVStff,ent5 which they requested. H2 also stated he had informed them of the City Council meeting tonight at 6:30 P.M., and requested they attend if they wished 1O object t0 the zoning change. Mr' LdFDuntdiC presented to the Council a petition of ten signatures of persons who were in support of the prO'ect. This document was duly accepted by the City Secretary as a Council Exhibit. Vr3. McCormick stated she had talked with One of the homeowners who had OriSinally 0b'�C��d to t�� Z0OiDg C�Jnge, and that person confirmed that the h00eOwnerS knew of the City COurcil meeting date and time tonight. Mr. McFarland iDf0r0eJ the Council -that the first petition indi- MIN those property owners who objected t0 the change of zoning i3 not sufficient t0 meet the requirements of the zoning code to constitute d zoning under protest. Both petitions would merely be evidence t0 the Council Of the citizens' objection Or support Qf the project. �r. L6FOuntair explained that the Planning and Zoning COnKiSSi0O had originally denied the request for change Of zoning due to dlaCk Of information. Since that 'u-iNe, communication with Staff has rectified the clarifications -that were On the original preliminary plat. Mr. LaF0uDt8in Said they 3-e now in complete C0mplidOC8 for that type zoning, but, due t0 an option CD the property, they did not have ti0e to reappear before the Planning and Zoning C0mtciSSiOn. �r. Pippin asked which dir8C�i0r the duplex units would face. '. LdFOuntaiD dDSwer2d the back yards would back Up to one another. Mayor Samuels asked if there were any other proponents for the zoning Case. There beirg none, he asked if there were any opponents. There being none, he asked if there were any questions Or diSCU3sjOn Of the Council. There being DOx2, I.VaJOr Samuels declared the public hearing closed. 14" ME Euless City Council Called Meeting - July 7, 1981 - Page Four Mr. Eden moved t0 approve the request for zoning change in dCC0rdaDCe with the presentation Mr. Jerry LdF0Untain made tonight' Mr. Sternfel3 seconded the motion, and the vote i3 as follows: AyeS: Messrs. Eden, 5ternfel3, Pippin, Walker and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. Mr. LaF0uUtaiD added that construction would begin in sixty CU ninety days, and that he would submit plans for the entire thirty-nine acres, being OO two tracts, at the July 28, 1981,Citv Council 0eetiDg, ITEM VI: PUBLIC HEARING FOR ZONING CASE O 337 Mayor Samuels opened the public hearing for Zoning Case N0. 337, d request Of Neal Adams for d Change of zoning from oR-2" Two-Family Dwelling District t0 oPDn Planned Development (Single Family Attached) on Lots lR through U and Lots 8R through 18, Block l, Wilshire Village Square Addition, located 8d3t of Wilshire Drive and South of Airport Fr2ewdy, Mayor 5d0Uel3 recognized Mr. Ron Addison, Attorney with Neal Adams and Associates, 301 We3tpdrk Way, Euless, Texas. Mr. Ron Addison presented the zoning change request from "R-2" Duplex t0 "PD" Planned Development with Single Family Attached units. He stated these duplexes are already constructed and occupied, and this zoning request i3 t0 allow the present owners to sell the units t0 two separate families. There are fifteen different property owners, with thirteen pre- sently living at the location. The present owners wish t0 sell the other side of their duplex t0 d single family. The surrounding homes are single family. The "PD" Planned Development i3 requested because there are one or two lots that d0 not meet the ten-foot 3ideydrd requirement. He emphasized the common-wall structure had been clarified and would be included on the final site plan. The Planning and Zoning C000i33i0n had tabled this matter one time and then heard it later, at which time it unanimously approved, subject to Certain conditions: /l\ Staff letter of May 29, 1981, (2) City Attorney's letter Of June 12, 1981, and /3\ a detailed drawing of the common wall be added t0 the face of the site plan, certified by the property owners. Mr. Addison explained why the air conditioner units could not be moved UO Lots lOA, lOB, l]A, and 118, and Stated that perpetual easements had been prepared t0 ensure full access for repairs and maintenance. He added that the City Of Euless would not be liable for repairs to the driveways. �A�� Euless City Council Called Meeting - July 7, 1981 - Page Five TD Summary, Mr. Addison requested the C0UDCil/S approval of the �~- zoning change request, with d relaxing of the ten-foot 3idpvdrd require- ment, dCCeptdDCe Of the present construction of the common ' wall, and subject to h8ViDq fully executed copies and the common wall detail on the site -~ plan by the July 28, 1981, City Council meeting. Mr. Pippin asked the City En 'D8er, James Knight, if the common wall construction met our City requirements. Mr. Knight confirmed that it does, and in fdCt exceeds our standards from a fire-rating standpoint. Mr. Eden asked the City Attorney, Bob McFarland, if we had de- finitely determined that the legal, -instruments protect the City of Euless. Mr. McFarland confirmed that the City of Euless is protected. Mr' Pippin stated he believed this was making the best use of the property, but he does have gredtres2rVdti003 about utilizing the Planned Unit Development aspect as a tQ0l t0 change existing development, instead of using it for new development. He requested to go on record as supporting d change in the subdivision rules and regulations and upgrading our zoning ordinances t0 protect against the future use Of this. He reiterated that he does support the 00ti0D because he thinks it represents a higher and better use of the property,, but he thinks the Citv Deeds t0 close this loophole before it becomes D detriment. - Mayor Samuels agreed that such comments should be in the record for those in the future who seek information UD the Council's viewpoints at this point in time. ^ ** Mr. Eden moved to approve the zoning Change request in accordance with the Planning and Zoning Commission's recommendations and that the appropriate instruments be prepared and presented at the July 28, 1881, City Council meeting. Mrs. McCormick seconded the motion, and the vote j3 as follows: Mr, Eden, Mrs. McCormick, and Messrs, Walker, Pippin, and ` St8rDfel3 None Mayor Samuels declared the motion carried. **This paragraph amended at City Council Regular Meeting UD August ll, 1081, to read as follows: "Mr. Eden moved t0 approve the zoning change request in accordance with the Planning and Zoning Commission's recommendations, as amended by the City Attorney's letter of June 12, 1981; the Staff letter of May 29, 1981; the c000nn wall CUD5trUCtiOD with certification be added to the site plan; and all documents be prepared hv the July 28, 1981, City Council meeting." ` �� 4 Euless City Council Called Meeting - July 7, 1981 - Page Six ITEM VII: CONSIDER FINAL PLAT FOR WILSHIRE VILLAGE SQUARE ADDITION Mr ternfBls moved t0 approve the final plat for the Wilshire Village Square ' 3AdditinD. Mr. Pippin seconded the motion, and the vote i3 as follows: Ayes: Messrs. 5t8rnfelS, Pippin, Eden, and Walker, and Mrs. McCormick None Mayor Samuels declared the motion carried. ITEM VIII: CITY ATTORNEY'S REPORT ON USE OF LIGHTS IN CITY PARKS Mr. McFarland remarked to the Council concerning �their inquiry about establishing d time for the use Of lights in City parks. He suggested the Council pdS3 dmiOUte order tonight, with findl CODs.iderdti0n and dppr0Vd| set for the July 28, 1981, City Council meeting. He said the regulation would not be effective until such approval by the Council, and the placing of signs at the generally used points of entry t0 the parks. Mr. Pippin moved to approve d minute order regulating the use of lighting at the athletic fields and tennis C0Urt3 in City parks, establishing the time period from 12:00 A.M. (Midnight) t0 dawn for pro- hibiting the use Of such lighting, Mr. Walker seconded the motion, and the vote is as follows: ` �ves� Messrs. Pippin, Walker, Eden, and 3terDfel3, and Mrs. ---- McCormick �� NdY3: None Mayor Samuels declared the motion carried. ITEM IX: CITY ENGINEER'S REPORT ON MIDWAY PARK SANITARY SEWER LINE Mr. Knight gave a brief update on the City's sanitary sewer line being installed in Midway Park. The � contractor is essentially complete With the improvements except for minor cleanup items, and the project will be finalized shortly. r-I EU7pS3 City Council Called Meeting - July 7, 1981 - Page Seven An,lOURmMcmT There being no further business before the Euless City Council, Mayor Samuels adjourned the meeting at 7-30 P.M. ATTEST: arold D. Samuels, Mayor � /A_