HomeMy WebLinkAbout1994-07-19 PLANNING AND Z(--)NING COMMISSION
City of Eules's
Council Chainbers - Building "B"
201. North Exton Drive
Euless. 1'exas 76039
july 19, 1994,
Dow
5`0 kfeotiiig -istairs (-"mfierence Room Bulkfifrg "A")
Cafl lo O.rdcr "Council Chm1-ibers Bmildiiig
PLI-DGE OF A LL T(.-AANCE - Co mans ysoy.
INVOCATION - Commiss1cmer Zahn,
APPROVAL 0F ,'%11NU'j"r.S -- k'e,31,jlar meet.Mg of Jah, 5, 1994
1. PUBLICHEARING - ZONING CASE, #94-0.S
Request of Warren E Hag."m, hit_ for a chwige of zomn:R on 8,54 acres on a
lxvuol of Lot 21, B"RXA. 2, Oak Fores� Addition, from >ts presefit :zoming ol"(7-1
-Neix?hborhfx)d Buisines,, Di,,itrict) it-) R.-I 1'- (Single-F mily LimI ited 1)v fl;I
n lo
Distrid.). Tlhi4;prowrry is Renenally locaNml �vv,� of North Mail", Street and north
of Ha.nvood Road.
U., PUTLIC Ut'-ARING' - ZONINC CASE #94-07
Request of The Ashbrook Uroup, ibr;i chwilge of zoo li;ig of.i 5,8%1. acres our of the
Solomo-ji Hm t Stfrve.y�. A-705 ftom� its presem. zonmg of .R-:� and R-4 (klulfi--
Farr.-iily at Q and 1,65 to P1.) (P.Iamied- Devc-iopment - sfngle-u-aimily
[-)Otached' zero lot 11110 units. pmale Streets). This property ls 'general.lv Imated
on the wmffli side of Haxwoml Rmid baween Bear Crcek Villas wid Bear Crock
HL #94-08- PV - PLAT VACATION - SAEBIT BAVI'JSTCJ1t'RCH ADDI.TION
Ri�qties: of Saeblt Baptist (".hurcb, JRx, the pla, vacation of a portion of Lots I and
25 o;;" Mae Saebit Baptist Cfwrch Additim
Planning and Zoning Agen-tia -2- July 19, 1994
gt.wsf of Stew Bezaer for Classicad Coast-ruction. , Inc., to a pre.]im.i tar'v plat:
€;<=
&V 1. acres out -of die, '1`mcH Jaswr S-urvev, A--861 o;cur liv kycumf east of
V� '�. LIC ���;�� IM. m �SI��s',�.�]: 'JC' USE PERMIT x`94--(3 SI P
Rr:gtwsF of .1-f rr'is; -Methodist -F-B Hospiw for a, stxE:;€:ific .0� e' Peri:sit: for Sri
dilcd3e'?ol and dni, :are and eo%;#rise}.'fng-canter on Tract,., 1 and 2� Lot l, Park Cen',-.C.r
Addito' n, fnou'e generally c escr-ibod.. as 221.9 � Evdess Mulevard
VL REPORTS
OS 'A-) THIS 15TH. DAY O F 1 ULY 190. AT qtr�Y �, `M.
.:
S��C1^aE#ufTc"3ri.
a <�i f ryssr a€$ss �F �#'?:# £3 •#3z6. C£35s3rfot#s:? SCi;s�E3sreeoz# $#i>E33 az"sri trExc�r�tea ayki #. afar
PLANNING AND ZONING COMMISSION
j U L'l£' 19e 1.994
N1 1IN ES
The rnee ink of the Planning and 7011inQ Commission was-filled to€ ier by (7hairman Ronald
Young at 6.( R W, in the Building Cortlerence RcKl m. 'Six memb 'rs of the planning
and ,'mooning Commission were in auendmice.
PLANNING AND ZONI G9 CON�aIs ISSSION CONSIDERATION € F SCHE U"T.1:.D ITEMS - C UNt�11,
CHAMBERS.
Chairnxmi Ronald Young upened the planning and Zoning Commission meeting at 7;00 R M— for the
consideration of scheduled items. Six meml rs cif the Planni.ng, and Zoning Commission Wore Present,
Tho age€.da.f€r this meeting had been.properly �sted in accordance with al"l iii able law,
The guests in attendance were welcomod.
-N 1MEMBERS ABSENT
Chairman Ronald Young Nancy Bright
Rk--lest Nick illon
Billy Owens
Ca r e 7ahn
Carl Tyson
Jqy 13�l.dwln
Randy Bycrs. Director of Public Works & Dev;LIoprnent
Paul Kruckemeyer, 0", Engineer
Andrea Barter.. Assistant t:':.ity Engineer
Rod Tyler, City Planner
Barbara Chambers, Supervisor
Dolores Tkierina, Staff Secretary
VISITORS PRUSENT
Councilman henry &mtright
Councilman Charlie Miller
Steve Henifbrd, Rust Lichl.iier:/Jaines€n
Robert Cilf Hut :flas :"architects
::... ixhasdesto Mundo, Administrative Assistant
PLANNING AND ZONING COMMISISUONN WETING - PAGE TWO
--,.J-UI,Y 1.9, 1."4
VISITORS CONTINUED
Valarie. Hicks., Imem
Eric 'nlomes
Steve Bezner
Myron Domick
other unidentified guests
PLEDGE OF ALLEGIANCE AND INVOCATION:
The Phe d In'
_ge of Allegiance was given by CommissionerTyson and the invmation was viven by Commis'sloner
Zahn,
Chairman Ronald Young asked the Cm-a-missionors for any Corrections or additions to the minutes of tht 'hily
1994 general meefing of the Planning and Zxmin-g Commission,
Conirnissloner Tyson requested that a cometion Ix made to a typographical error and an atid.1fion to a Statement
he had made regarding Zoning Caw #94-05 , Oak Forest Addition.
Z
The motion to approve the mbiwes of the July 5, 1. 94, Planning and Zoning Commission me.e.611g, with
corrections, was made by Commissioner Owens andwmided by Commissioner h4cMilfon, The motion carried,
REG-U-LAR AGENDA:
H'EN4 I. PUBLIC H-[ ARING -- ZONING CASE, #94.115
Request of Warren E., Hagan, Inc,, for a change of zoning on 8.54 acres on a portion of Lot 2', Block
Oak F rest Addition, from its present zoning of C-1 (Neighborhood Business District) tai .R-I L (Single
[am, i.ly Limited Dwelling .District.), This property is generally locat"i west of North Main Stroet and
nctrthof Harwood Road.
The appllcan ls,wed a letter to the Planning and Zxming Commission dated July 15, 1994. with drawl-lig this item
from the agenda,
:::..Q,FU.4..t JEr ,1 R k.ff
Request of The Ashbrx k Group, for a clia€rge of zoning on M71 acres out of the Solomon Huitt Survey
A--705, i:r€ its present zoning on.ing of R--3 and --4 (Multi-Family, at 1:2 mid 16 urn€.t.s:acre) to PD (Planned
Development - Single _ l=ea€wily D€wbed, zero lot line units; private streets). '17his property is generally
located on the south side of Harwood Road between Bear Creek Villas and Bear Creek Bend -- IL
Rod Tyler, City Planner, stated that this item had been tabled at the last. Planning and Zoning Commission
inceang, It was pointed out at the previous meeting that there is an encroachment and the easement does not
show on the development plan which does affect how this property can be utilized, Nlr� Tyler stated that the
applicant did redraw the plans correctly, as shown in the packet. In. order to address; the encroachment he has
ant#ved die street hack t o the west twenty live feet and provided a st reening fence around the easement, lie also
has added landscaping, specifically: Slash Tine, He has also added a gazebo or pavilion,
Chairman Donald Young stated on July 5, 1994, a Public: Hearing had been opened and this item was tabled,
He invited the applicant to make his presentation'
W Eric 'I Bonzes; 799 Winde3 mere Way feller, Texas, stated that he had a meeting with Joe I-len.mg, Assistant
t:'iqManager, along with city staff. k1r, Thoines stated that be had received some good advice from the staff
and made changes to his plans re. arding the encroachment of the apartrne€:at building, He moved the street '25°
to
the rest and increased the open space ira the€verall development because of the reduction in pa-veme-at.. They
also c:hanaed the Iandseape plan to i.t€I€de sorne piny: trees to screen off the encroachment of the building, In
addition to the security gate, fountain and park. area, they prolc)sed a cabana that would be large enough to
accommodate two large picnic tables appr€oxi Gately 15 X M
Commis-sinner Ower€s lead questions regaafing the legalities of the encroachment situation being worked out to
:staft's satisfaction' Mr, Diornes stated that he believed staff was satisfied.
Conr.tDissioner,Tyson.questioned Mr, Tho€gyres on the encroachment issue, He asked Mr. Thames to address host
the apartment i`elt about the situation. Mr. Tliomes:stated that the property owner's of the apart.nient did not have
a. problem with him fencing and €hanging the sidewalk.
t:',eonr.nl.issioner Ovens stat€:d that in past cases where there were zero lot line hornes, the Commission-was- re- miss
in sari-Nin€;the homeowners that were moving in by not having the perimeter fenced and proper drainage at the
time of con.structi€n.. He stated that if this iten-i came off of the table, he would like;to see the motion stated.with
these stip wations, There are apartments on one side. of this devel:op€rrent. and on the south side of the Ih.€:tte
development there were some displeased h€orneowners be;�a€use of outsiders. corning into the park area prior to
the area wing fenced.
Mr, `I'hornes stated that he intended to fence the perimeter with a c.o€nbination of a masonry fence along the front.
and down a portion of the east side of the property and the remainder will be a sto€ka€€e fence, including the west
boundary.
PLANNIANG AND ZONING COMMISSIONNIELTING - PAGE FOUR
JULY 1.9, 1994
lea sl i s roc � €�ucr :' t,5 Er ,it ecr, ated that th e prop p Sal was satisfactory, with the ngir een. ng Department.
Commissioner Owcr:s stated for the record his general upp€r at.ion to gated, private', comm unifies ire this price
rancor. 1-le -stat€d that n ormally he is opposed to this concept and that lie is not setting a precedent and is not
stating that he is in favor of additional developments like this, However. this pzirti.cular-development is very tight
since it has only 5 acres with 30 hmn s. He stated that the plan has enough amenities and on. ough trade offs that
lie Would make a motion. to remove it Iftow, its previously being tabled,
Om lissioner Ovvens made the €iotion to remove Zoning Cass 4-0 i f orn the tzihlc and it was seconded by
Commissioner Baldwin.
The vote was as follows-
Ayes: Commissioners Owens, Baldwin, McMillon, Young, Zahn, Tyson
arse None
The motion carried,
C'or milssioner Ovve r.s.€made the motion to approve, the plan that staff has worked out with mr. `lY.hornes on Zoning
Casty #94417, with the. understanding that the p rimeter=fencing mid the draiiiage will € e completed and approved
the Engineen.ng staff hc.fone any building -nit, are iss€gt:�l,
X4.1". Thoirics ziske;d for clarification on the €ratlon and stated that they were building a model horrrc prior to final
plat.. t:.;a3mmis sianer Owens clari€.re d his statement by w!ying that. Mr. Tho acs could go ahead with the grading
and put their pa - €dow-ii €it he could not construct the horse until. lie Satisfied city staff. It was .recommended
that ptrl€€y and Ashbrook get together and :split the expe se of the fence insi teal of erecting two separate fer€ces.
'The mo i.on was seconded by CommissiOner Baldwin.
The vote was as 1,011ows.
Ayes. Commissioner.,, Owens. Baldwin, Mc d:illon, Young, Zahn, `l�A��r
Nays: None
The .rn otiori carried.
This item will no before, City Council sin August 9� 1994, This item will be published in the newspaper,
however, thcrc will no property owner notific-ations sent.
ITEM III, 4--08-PV -- FII..AT VACATION -- SAl BFr BAPTIST CHT-1 C1- ADDITION,
Request of Siebit baptist Church, for they plat vacations of,a portion of I-ots d and 2, of the,. Saebit Baptist
Church .Addi6.10n.
:.n
"JULY 19, .1. #4
€ l'y cr, City planner, introducal ,t34--08--PV as a plat vacation, The property was originally platted two years
ago as Sa,-bit Baptist t:'hzirch Addition, Siiice that time they have decided to vacate that plat and present � r€ew
la€id plan which has already been. approved, With. approval of the first plat there were no ifn.proveinents, n.ght--
of wayv dedications and no easements dedicated with the plat so there should not he any difficulties with th-is plat
vacationo X11 utilities have sigmxl off on the plat vacation. Staff recorn-nended approval if this item,
Andrea Swer, sisistant City Engineer, had no comments dd?n eroing this item,
Cd>mmussionor Cahn rr.ade the motion to approve Plat Vacation 4--08-PV and the motion was seconded by
Commissioner Mcmillon.
The vote was as follows-
Ayes,- Co-min"ssioners Zahn. McM:illo€i, Owen.s, .Baldwin, Young, Tyson
n
Nays: None
The motion carried.
FFEM IV. PRELIMINARY pl-T #94.16 - SEVILLE ESTATES
Regiaest of Stevtr ; zn--r for Classical Coiistmction, Inc,, .ior a preliminary Plat of 8.871. acres out of the
Terrell Jasper Survey, A-861, generally located east of Yorkshire Court at.W north of Kynette Drive.
lard 'Tyler Stated that this l perry is located south.of Ai.rport Freo.way and Test€F l 1:1 ghway 157. The]an.d plan
0 1 this property has been approved and the construction plans have been tunied in and approved. by the Cite
Efloinee.r. One concern with the preliminary plat is a lease agree-inent with regards to the land and alp; a
temporary east°merit cannected with the parking lot, As long ns the resident. occupies the space, the ease znent
is attached. "1"he- preliminary plat appears to meet the nfininiim requirements set forth M. the City of Eules
lJnffl ed Dovelopmen� Code Mth.the exception of the delineation of a tern.pxirary easement encumbe ng Lots,3--6,
Block 2, This casement renders then„ lots u€:buildable for as long as the temporary easement is valid. 'rho-
approval of the prelini nary plat authorizes,the City lIngi eer to allow the property owner to continue
grid is die word of the Co€nf€rtiWon that the final plat will he approved once die public improvements have en
i.nsWi led according to plats anti a Final plat has Iver,. submitted in corifrr ance v%di a this approved xrehminary
plat, klr. Tyler defined the locat ion of the easement for the Commissioners,
Paul Krucl=enwyer, City L igineer, stated that this preliminary plat be approved sukleet to the eawment being
,s,hown of, the plans, Also, as part of the record, MT, Krnckemey r stated that if the Cd;mmissimi chose to
approve the pnlinunary plat it does not authorize construction to begin..
Steve lo€;rmer, 910 1-.aldevsew, Richardson. Texas stated that the parkina- lot issue did not show nip on the title
when, the property was purchased .l:roin RTC, The parking lot -was trot l rniitted through the city and was a
nonco fctrr€ itt ; a,�se and l�, 1�ezner lido originally tl€�sagl€t it c;a�€ldl be rtn�d�se�l plc stated that there �>��s�� title
PLANNIN G AND ZONING O)NIMISSION M-EF 1IN a l IWE SIX
dead that. was not filed pn:?pe fly and €he s€ilI have some legal issues to resolve, He stated there were €bree wars
they could have dealt with this issue,, I.;€ they could have not de=veloped the prol r€y at all develop it as
prod xis<:d ;a€ld have. the cas€;r€teat part of the, fmir lots, 3,) € e cul-de-sac will stop sort and ignore € e land and
not build on il.at this Cline, 'ney will. screen. the parking lot (tentpora ); easemeno with art = fence with metal
lx)st umil they can remove the -parking lot.. Mr, Buner stza€off that lie was aware that the easement is limited
by a certait€ leas; :agreement including any modifications or extensions therm:f=, The time frame for the leas
agree.€taent is for 3 tit 5 yearn mid the lease agroement is with Internal Revenue Service, However, €lie ease can
be extemied at its expiratifyn, Mr. Bu.ner assn€red the Coma.iissioners that lee intended W maintain the lots- and
Place to sign On each lot that states "This is a. ftrWre reside ntial lots, to assure the homey}wncrs that it is €teat
permanent open space.
Conintis,idoner O e n&Elis(,:€asked the drainage on Lots 10, 11 a€ad 12 because of sonic.previcius l)roltlerns where
tlte_ elevation of the, lots have Neeta raised up avainst another, He asked. Mr, &-mer if lee was in favor of
constructing u cmicrete flume tlat•€tugh that area, Mr. 11ez.te stated that he had discussed drainage,with city staff.
t:;oaa ntissioner Owens made the motio-n to approve, Preliminary Plat #P-94-16 for Seville Estatevs as presemed
subject to the exsentent being shown on the final plat that will.be presented to staff'f or Wing and that a concrete
f:aaarae be erected on the southern, portion of the property, 'flee moti€t€t wasseconded by Commissioner Baldwin,
COf--atissio€ter zahn made amendataent to the model€ to include that approval does not authorize constrtacti.oat €a-mil
the technicalities as corked ova with the engineering staff. Conimi.ss.ioner Chveats accepted €lie amendment,
Chairntaaa Young - ttd that he appreciated the concern that C€rn issioper Owens has for the drainage in the
City of l €ales, but he felt that the prisfessiotaa,l. staff from the City w:oaald efficiently handle the drainage is,s€.aes,
The vote: was as follows,
Ayes: Owens, Baldwin, McMillon, Young, Zahn, Tysoii,
Nays. note:
The inotio€t. carried.
FITINI V, PUBLIC 111'-ARI:1'G .. SPECIFIC USE PERMIT #94--06 SUP
Request of 1-farris Methodist _.E_B Hospital for Specific Use Perirait for an alcohol and dn€ g care and
sou€#selia a center on Tract,,, and 22, Lot 1, Pail- Cenka r Addition; more gcatcrally described as '1219 W
Rod Tyler arcade a correction to an error in the agenda stating that than request was lv. .Ing made by Harri',s
Methodist 'f -E-B Hospital, The Factual. appl icant is the Aat€.eri ,ata h.idian Center. `l`he° property is cm-rently an
existing buildi€tg that was ease; used by HEB Hospital for a. drug rehabilitati€n center, 'fie applicant has
s €ranted their detail site plan za€ttl the ptarpow, of the Specific Use Permit is to -ive the planning and Zoxmaol
PLATNANLNG AND al°,ONING COM1#eUSSIO N ETING .. PAGE SEVEN
:::JULY 19, 1
cone n sskM and City c'ounc'il d<e ability to conduct a more thorouoh state of review, A Specific 1. se Permit
is required for uses, that ox one r ason or another, are already considered a perrri.ttecl use within that district
that would cover some ma or "nd',:, f.mig of that specific` use. There niay be some negative nil-M t against the
property and the purw�se cif the permit is to make sure that all the ueea.tive impacts have. heen reasonably
mitigated, Tyler adds sswd the parking issue and landscaping by stating that they will. comply with city
starpdard . "I'be applicant has beer< requested to provide additional landscaping along the dri.vf-,way on Hwy, 10,
Chai.r"rran Young explained the miles governing i public Hear-i.m,, He opened the Public Hearing fbr Specific
Use Permit #94-06 SUP.
her. Myron forme k, 15M RWs-s Avenue, Dallas, Texas, represented the ,,alppl.ic;ani, the Arnericart Indian Center.
He stated that the American Indian Center has neon operating in the €net_roplex since'. 1968, They olvrate a 90
day treatment cerptc;r fb.r drug and alcohol addictions, The applicant plans to install approximately 700,(W
wor0l of improvements, to the site, The Ame€icaii Indian Censer ,ahv.) offers inc:.idental €:v.ses such. as to offer
cultural aavarenes�, se.-vices, educational, and ��� training to the Anier€c-an Indian .population, They will als€)
llovst. a filmemn., exhibit space and provide .recreational facilities, The treatment facility will be a secondary
treatment facility and not primary, The primary residents, will 1 .A;P.erican Indians, however, all resident will
be treated rc oardless of race, creed, color or n. afionaal orioln.
Chairman Youno, called for my prcpgmertts or op�xments to ,address the Cornini.ssiori, There being none
Chairnma� Young closed the Pul�lic�. Hearin;; for discussion among the C"o€�ptnissioncrs.
Commissioner Zahn had alt€estiow,regarding, residents who receive altm.iative sentencing and offenders through
the courts. The applicant stated that there. will be some resident.,-, that hasye sened their sentencing but that the
prograin is not intended to in lieu of i. ,arceration.
The applicant asked the Commission fbr eight months in order to comply w th the requested landseapinv
requirements, R xf Tyler requested a letter from the alppl.icanp stati ng the time frame in which the landscap€.ng
would be completed, if the request was approved by the Commission.
Fatal Krue.I:-emeyer, City Engineer, stated that the I;:nainter-irig Department recommends approval of this item and
he f xis that this is a food use for this property
Commissioner Owen:. statmi that he was pleased with the proposed rise. However, lie suggested that the
applic;a nt €ommit a3 a specific time frame on completing the addit ional landscaping in order to stage the temps
in the motion. Otherwise, he vioul.d not be in favor of this Iprol;vsal., After discussion, the C`.orrarrrissi�grpers
concluded that the deadline for completion of the additional. landscaping would be April 1, 1995 (Arhor .Days ,
Com-nissi.oner Zahn made the npotion to approve 34-06 SUP stffi ect. to the landscaping trees being planted.by
April e, :1995, and the applicant will furnish a letter stating his intent reaarding the lands€apin� trees to the City
Planner. °l'he npotiorp was seconded b�> Commissioner McMill€pn,
1 h vote was as .follows:
PLANNNING ANT) ZONING COMMISSION MEETIN(,' - PAGE EIGHT
II 19, .1. 4
Ayes, Commissioners Zahn, h4c.millori, Baldwin, Owens, Young, `iyson,
Nav's. None
'rho. motion car ed.
C'hairmar: Young m..a€cd thy, this item would he on thy: agenda fiv CJIY Council. on Au gw-'a. 9, 1994. 'Mis will
he a Public Heari.ni ° and zidvendsed irl the newspaper' however, there will fit) property oviner notification.".
REI'f)R'f'S:
I'vier reported that there. wind tv a traffii g cour for Planxiing and Zoning Cornniissiioners on August 29,
x994, at the Br ks-ide Convention .:enter in.. Hur,-�t. He polled the. C.I.ommissioners, staff and Council rne€nbers
for attend..inc .
ADJ URNM IMU-
:>-;..'There lvink no furtba business the meetim, was ad j oumod at 8;"3 R M
f
ba c p&z 1719,04 nVn.Ak-7