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HomeMy WebLinkAbout1994-12-20AGENDA PLANNING AND ZONING COMMISSION City of Euless Council Chambers - Building "B" 201 North Ector Drive Euless, Texas 76039 Deeem.ber 2,1 5 :30 - Pre - Commission Meeting (f:ow .stairs Conference Poo €r. - Building "A ") 7,00 -- Cali to Order (Council Chambers 4 Building " " i PL EDGE OF ALLEGIANCE - Commissioner n,-Millon INVOCATION - Commissioner Owens APPROVAL OF MINUTES TES Regular meeting of *December 6, 1994 I, FINAL PLAT P -94.27 -- SEVILLE ESTATES Request of Dr. Harry J. Bianek, Trustee for the final plat of 8,871 acres out of the Terrell Jasper Survey, A -861, into Lots 1-18, Bock A and Lots 1-12, Birk B, Seville Estates; located east of Yorkshire Court and north of Ky>nctte Drive it FINAL PLAT #P-94-28 M ASH BROOK ESTATES ADDITION Request of Mr, Eric Thames representing The Asbbrook Group, for the final plat of 5.0824 acres out of the B, Hanington Survey, A -808, into Lots 1 -30, Block A, Ashbrook Estates Addition; located at the southwest corner of l3aze Drive and Glade Road CONVEYANCE REP:I.AT Pa44 -29 - OAK FOREST ADDITION (FIRST INSTAL] NIIf: N't`) Request of Warren E, Hagan for Harwood Holdings & Associates, L,P,, to consider a pro sed conveyance r-epiatting of Lot 2, Block 2, First installment of Oak. Forest Addition into Lots 2 -R. and 3-R, Block 2, First Installment of Oak. :forest Addition; located on the north side of West Han, ood Road and west. of North Main Street Planning and Zoning Agenda December 20, 1994 I' % PUBLIC HEARING - SPECIFIC USE, PERMIT #94-21-SUP Request of Otti.s Lee III, P.E., for a Specific Use Permit frr single--family dwellings on private streets within an R4 (l'iuiti-Family - Dwelling District, 16 units acre) zoning district, tbr flock 4, Lakewood Addition; generally located east of !North Industrial Boulevard and on the nortl€ side of West. ash Lane V. PUBLIC HEARING w SPECIFIC USE PERMIT #94-12-SUP Request of phi" Parker for a Specific Use Permit i t a restaurant with billiards and the sale of alcohol in a C -2 (Community Business District), on Lot 9 -R, Block , hell Ranch Terrace Ad l tion; described as 210 South Industrial Boulevard VI. PUBLIC HEARING ING - SPECIFIC USE PERMIT #94-24-SUP Request of Colonial Equities, Inc-, for a Specific Use S,erTnit for apartments in an R -3 and -5 (Multi-Family Dwelling Districts at 12 and 24 units /acre), out of the K Crowley Survey, A -31.2 Tracts 4E03 and 4G; described as 601 East rash Lane VII. PUBLIC HEARING - ZONING CASE : 4 -25 -ZC Request. of Pulte Homes of Texas for a change of -zoning on 2.485 acres out of the Ray Shelton Subdivision, from its present zoning of CUD #675 (Community unit Development for Multi-Family at /2 units/acre) to R-1 (Single - Family Detached Dwellings); generally located on the north side of East Harwood Road and east of North Main Street POSTED THIS 15111 DAY OF DECEMBER 1994, AT <,' }) 4 individual ideal P ti tg Notice , ;{ f.f ./(.0 E:,r:3 ., ss.ert4 t€ i.: nss# . :nsf irg a£4s ?..cx: e. ae <3� xi ;ti3;j E .?£ .r.+?risrs :s •.ir :# anasgeaisnis at €Ze :: <. 3co:fmrctodatimlr: zi €: PLANNING AND ZONING COMMISSION DECEMBER 20, 19U4 MINUTES The Pre-Commission meeting of the Planning and Zon €ng. Commission was called to order by Chairman Ronald Young at 5:30 P.M_„ in the downstairs Adnin #stration Building ing Con.fe •eenc Room. Six members of the Planning and Zoning Commission were in attendance with one member absent. P .A-yNNING AND D ZONING COMMISSION SSION CONSIDE ATIO OF SCHEDULED ITEMS - COUNCIL CHAMBERS Chairman Ronald Young opened the Planning and Zoning Commission meting at 7:00 for the consideration of scheduled items., He stated that six members of the Planning and Zoning Commission were present, constituting a quorum, Furthermore, the agenda for this meeting had been properly posted in accordance with applicable law, He welcomed the guests in attendanc=e, MEMBERS & STAFF PRESENT: Chairman, Ronald Young Billy Owens Robert McMi lon Nancy Bright Joy Baldwin Carl Ty son Randy Byers, Director of l : blic Works & Development Andrea Baxter, Assistant City Engineer Rod Tyler, City Planner Barbara. Chambers, Office Supervisor Linda Lux, Staff Secretary VISITORS PRESENT: Councilman Henry Boatright Ottis Lem.. -lui tt & Zollars Ron Mc(:goug€h, Sandlin C m i ies Walter Anderson Walter - Elliott Art Anderson Tom Emery Vence Zalewski Brad Meyer MEMBERS ABSENT: George Zahn PLANNING AND ZONIN G COI IMISSION MEETING -- PAGE TWO DECEMBER 20, 1994 VISITORS CONTINUED: Sam Ng, KSNG Larry Smith, Representing Wolf Nursery PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of .Allegiance was given by Commissioner Mc.Milk ii and the invocation was gi' cn. by Commissioner Omens. MINUTES TES The motion to approve the minutes of the. December 6, 1994, regular Planning and Zoning meeting was made by Commissioner Owens and seconded by Commissioner Bald win, The motion carried to approve the minutes as written. REGULAR AGENDA: ITEM 1 REQUEST EST OF' DR. HARRY J. BLANEK, TRUS1 LE FOR THE FINAL PLAT OF 8871 ACRES OUT OF THE TE REL.L JASPER SURVEY, A- 8M, INTO LOTS 148, BLOCK A AND LOTS 1.42, BLOCK 13, SEVILLE ESTATES: LOCATED EAST OF YORKSHIRE COURT AND NORTH . F KYNE'1 TE Mr-, Randy 1_V Byers, Director of Public. Works and Development, introduced the first item on the agenda. He stated the request of -Dr, Harry I. Blank for a final pint of 8,871 acres out of the Terrell Jasper Survey, Abstract A -861, into Lots 1-18, Block A and Lots 1-12, Block B, Seville Estates; located east of Yorkshire Court and north of Kynette Drive, The item has been reviewed by the Development Review Committee and finds the conditions for approving the Final Plat adequately satisfied and therefore recommends its approval, However, there are some small items that need to be corrected prior to permits being issued.. Chairman. Ronald Young clarified the approval system of this Final Plat and asked Paul Kruckeme.y4r. City Engineer. to make his comments. Paul Krurkemeyer, City Engineer stated there were only a couple items that the contractors are in the process of e orreeti.nsg.. The drainage on the southwest corner of Lot 12, :lock B, and also the hydro -mulch for erosion control is not in place yet, but the contractors will be taking care of this in a couple of weeks. PLA.NNING AND ZONING COMMISSION w PAGE THREE DECEMBER 2 a 1994 Chairman Young stated the consequences would be that no building permits would be issued until these items are completed. Paul .Krc el err eyer replied that this was correct. Chairman Young asked for a motion to #P-94-27, Commissioner l {c inor' irnade the motion to approve #.P.- 94 - -27 with. the undeerstanrdinrg; that the minor .in nproveme.nts identified by the City Engineer reed to be made. Commissioner Owens seconded the motion and asked a question concerning, nce.rni.ng, the concrete flume on the west end. Paul Kru k.F mey-er assured Commissioner Owens that a sections of the flume was taken out because it was above grade. The vote was as #a- flows. Ayes, Commissioners Young, :Baldwin, Bright, Tyson, McMiliorr, Owens Nays: :None The motion carried, [FEM H. FINAL PLAT #P-94-28 - .ASIHIBR )OK ESTA TES ADDITION REQUEST OF Rx ERIC THOMES REPRESENTING THE ASH :ROOK :iR0I P, FOR THE FINAL PLAT OF 5.0824 ACRES OUT OF THE B. HARRING'1•:O SURVEY. A -8 0, ;<? I:. 'rs 1-30, 1 1 -,OCR A, ASU:1BR OK EST- AT1~,S ADDITION; LOCATED AT THE SOL "111-1WEST CORNER OF .RAZE DRIVE AND GLADE ROAD Randy Byers, Director of Public Works and Development, stated this item was request of Mr. Eric 'homes representing The Ashbrook Group, for the final plat of 5.0824 out of the B. Harrington Survey-, A-808, into Lots 1 3€0, :loci A, Ashbrook Estates Addition; located at tine southwest of Ban Drive and Glade Read. The Development Review Committee found the conditions for approving the .final. plat adequately satisfied ed and recommends approval. Like-wise, there were a couple of small items on this development that will need to be corrected prior to lui :ld.ing le.rurits being issued, Chairman Young explained there was no need to make a presentation, Chairman Young asked the City Engineer to discus the minor items that need to be eorrec.ted. Paul K.ruckemeyer-, City Ern.gineer- stated that. Developer was in the process of final grading on their lots. At this. time, the Developer as % or better complete -with grading and seeding to be fis. ished, Inclement weather delayed the contractors concerning these two items. Commissioner Owens €m.ade the motion to approve the Final Plat #p- -94 --28. Commissioner Bright seconded the motion.. PLANNING AND 'ZONING- COMMISSION :ISSION PAGE FOUR DECEMBER 20, 1994 Commissioner Tyson mentioned the public im roven;ents being part of the motion, Raul K €•c cker ever, City Engineer made the statement that the public improvements will be taken care of before building permits are issued. The vote was as follows: Ayes: (i onmissioner Tyson, Young, Bright, Baldwin, Owens, NleMilion Nays: None The motion carried. ILL CONVEYANCE 'REP :.V f #P_9429 - OAK FOREST ADDITION (FIRST INSTALLMENT) REQUEST OF WARREN E. HAGAN FOR HARWOOD ;MOLDINGS &: ASSOCIATES, I.; P , TO CONSIDER A PROPOSED CONVEYANCE RFPE,AT I.N( OF I1.fT 2, BLOCK 2, FIRST INSTALLMENT OF OAK FOREST ADDITION INTO LOTS 2-R AND 3-R, BLOCK 2, FIRST INSTALLMENT OF OAK FOREST .ADDITIO\; 1 O( TI' i.1) ON THE \OR'I'il MD} OF WEST HARWOOD ROAD AND WEST OF NORTH: MAIN STREET Randy Byers, Director of niblie Works and Development, men €. stated this isle. request. of Warren E. Hagan for Harwood Holdings & Associates, L.P., to consider a proposed conveyance replotting of Lot 2, Block 2, first installment of Oak Forest Addition into l.,ots 2-R and 3 -R, to :k-. 2, first installment of Oak Forest Addition; located on the north side of West -Harwood Road. and west of North Main Street. The Development Review Committee finds the application is consistenti.tla the Unified Development Code requirements and therefore recommends its approval.. Chairman Young opened the Public Hearing for #P -94.29 - Conveyance Replat and explained dm rules governing a Public fearing. Chairman Young asked the applicant to come forward and snake his presentation. Warren Hagan, 500 Grapevine Highway, Hurst, Texas 76054, stated the purpose of the property to be replotted is to sell to the church, Chair man Young asked the audience if there was anyone in opposition. There being none, Chairman Young closed the Public Hearing for 0-94-29. Chairman Young asked the. commissioners if they had anything to discuss and there were none. PLANNING AND ZONING COMMISSION w PAGE FIVE -DECEMBER 2O 994 Commissioner ssioner Bald €n made the motion the approve #P- 94 -29, Commissioner :Mc Mi Hon seconded the Motion. The vote was as f flows: :Ares: Commissioners Young, Tyson, Baldwin, Bright, Owens Nays: None The motion carried. ITEM IV: PUBLIC HEARING - SPECIFIC USE PERMIT #94-2I-SUP REQUEST OF OTTIS LEE, PX., FOR A SPECIFIC USE PERMIT FOR SINGLE - FAMILY DWELLINGS ON PRIVATE S'T`REE'T`S ` '.T'I'TAN AN R-4 (MULTI-FAMILY DWELLING DISTRICT, 16 UNITS1.t.CRF) ZONING DISTRICT, FOR BLOCK 4, LAKEWOOD ADDITION: GENERALLY LOCATED EAST OF NORTH .INDUSTRIAL BOULEVARD ARD ADD ON THE NORTH SIDE OF WEST ASII LANE: Randy layers, Director of Public, Works and Development introduced Item. IV -- #94-21-SUP sating that the Development Review Committee had reviewed this submittal and. recommend a SN if €c Use Permit he issued, There have been meetings with the applicant recently and staff feels comfortable with the issues outlined. in Mr. Byers letter contained in the packet with the exception of the landscaping. Mr, Byers stated, however, the DRC r commended approval, Chairman Ronald Young explained the rules governing a Public. Hearing and he opened the. Public Hearingg. for Specific Se Permit #94-21-SUP for .La kewood Addition. He called for the applicant to come forward to the podium and state their na€ne, address and give a short presentation, Mr, Ron. MeGough, Development Manager for Sandlin Companies, stated they were present to ask any questions the C'ommn€.ss.ion might. have„ Ottis Lee, Engineer, fineer, and Lee Schmitt were also present, He stated they -feel comfortable with this subdivision and it should be a nice gated community for the City of Euless, Chairman Young asked for any other proponents regarding this ease. Marie Eden, 702 Bent Tree, stated that she and her sister -in -law own Trail Lake Development and the land north of this development which is also bounded by Hwy. 157 on the west and the park on the north and Trail Lake on the east, She asked the Commission when they set their and would they he allowed usage of the cul-de-sac so that there v ou:ld be another entrance into their land, Chairman Young P. - ANNlNG AND ZONING COMMISSION - PAGE SIX DECEMBER - 20, 1994 explained the Commissioners would take note of her questions because they were currently in a Public Hearing, Commissioner Owens asked Rod Tyler, City Planner, if he would put the overhead drawing, of the plat and location on the screen so that the audience could see. Chairman Young asked if there were any opponents to this request that would like to speak. There ling none he dosed the. Public. Hearing for Specific Use Permit #94-2.1-SUP to Lakewood Addition,. He opened the floor for discussion, Ron McGough introduced Ot-ti.s Lee as the Engineer to answer Ms, Eden's questions regarding access to the ctrl -de: -sac. He stated the street goes through the entire property and was specifically designed for the future should th er e be development to the north there would. be comparable use, The property line could be extended to a private street into the development itself: He stated the street was designed according to City standards and several years in the future the street could become a public roadway. Chairman Young asked Mr. Lee and Mr, McGough if they have had any contact with Ms, Eden in the past. Mr. Lee stated that they had not heard from her in the past. Chairman Young asked the applicant why she had not heard from them, He stated that he could not answer that question. Chairman Young encouraged the applicants to talk with Ms. E den about how this development will affect her property and give her a chance to study the proposal:. Commissioner 13,a.ldwin had concerns regarding the cul-de-sac being converted from a Private Gated Community to a. public roadway after the residents were sold the homes as a "Private Gated Corrrniunity=', C)ttis Lee stated that several options were available, One of the options would he to extend the gated community to encompass the adjoining land as tong as it was a :residential development. The other option would be if the residents decided that they no longer wanted a private gated community and revert back to public streets. The homeowner's association would have to agree to any of the changes. Commissioner Baldwin stated her point was that the homeowner's association. could prevent any of the changes from occurring or from extending the cul-de -sac to the adjoining property, Mr. Lee stated that was always a possibility,. Conrm_issioner:B.rig.ht stated she could not. imagine someone paying more for these Lots, as private gated communities do cost more, and then the street being opened up at a later date, unless the applicant decides to purchase Ms, Eden's property and incorporate it into the Lakewood dev°eloprnrnt. Mr, McGough stated this would have to he looked at because they have looked at what would. be a suitable development. .for that tract to the north, Commissioner Owens read from a portion of the Unified Development Code, (;Section 4 -9O3) Conditions of Permit Approval. The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or PLANNING ,lIN AND ZONING COMMISSION ON - PAGE SEVEN DECEMBER .2 0, .1994 adjacent developments," He stated that he did not have any problem with the gated community as presented at this meeting, however, he did have a problem. with the access. The biggest problem was with the drai.naae. Commissioner Owens stated that he did not believe this case should be before the P &Z Commission and they should not recommend for approval until the road situation is cleared up be'c'ause it adversely affects the property to the north. .Also, the two property owners have not been in contact with each other. Commissioner McMillon stated he agreed with Commissioner Owens, Commissioner Baldwin asked the applicants if they had considered not having a gated community and allow public streets. The applicant stated that the original design was for a public street and the consideration was that this property was zoned multi -- family and the property to the north is different zoning, After discussions with staff it was determined to go with the current configuration and the developer felt the development needed some special. amenities such as gated corn .murrityt to offset some of the costs, Based on the fact ct that the adjacent. property to the north is different zoning they would not have any use .between the two properties for joint access. Mr. L.ee stated that should something happen in the future, to give some more flexibility to the development, the development has 26 lots and the street is extended to the end of the property fOr some future possibility should there be some significant changes in the plan. Mr. Lee stated that Ms, Eden has been in contact with some other development, possibly with Mir. Schmitt, on the tract and there have been some discussions on whether this was a proper use. They have looked at the possibility of utilizing the property to the north, Mr. Lee Schmitt, 2501 State Street, Dallas, Texas stated to Ms, Eden that they had talked on a couple of occasions.. Ms, Eden replied it was nearly two years ago. Mr. Schmitt stated it had only peen four or five, months ago. Mr. Schmitt stated that at the time they spoke Ms, Eden wanted approximately $21,000.00 per acre and they had paid about 1/6 th of that amount for their property, He informed Ms, Eden they had ran the numbers on this and it was of feasible because the number would not work. He stated that there was quite a bit of repo and drainage on her property, He also stated that Fox and Jacobi had approached him about her property and they could not make the numbers work ether. Commissioner Owens informed Mr. Schmitt that the Commissioners were not. concerned whether or not he was buying property or selling property_ He told Mr. Schmitt the Commission was discussing a road and a development which would affect the property to the north which had nothing to do with Ms. Eden selling or not selling. Mr. Schmitt. stated .Ms, Eden had a lot of access to Hwy. 157. Commissioner Owens asked :Mr, Schmitt what he thought about leaving the road straight through as shown and putting a gate at the end. her. Schmitt stated the cul -de -sac was required by design and the gate would still make it a private street and have the same affect without the homeowner's association or some change happening, Also, he stated, the cup-- ale --sac was placed w the end for emergency vehicles, Cornrnissioner Owens stated that if the Commissioners approve this request as presented then the City will have to be doing marketing for whatever is to the north of this development and the City is not in that type of business. Commissioner PLANNING AND ZONING COMMISSION _ PAGE EIGHT DECEMBER 20, 1994 }wens fit this request needed to be pulled off of the agenda and the applicant should take another look. at it, lair., Lee stated that this tract of pr-o .r €y should be. developed in the present. zoning is not a development type that would have any type of access back and forth across it, if the property to the north were to be rezoned to R-1 then the applicants consideration would be different, Them are several lakes and outfal.l from Eden Lake e to the north and this cuts off about two acres from the property, Commissioner Tyson sked the applicant if they had a problem when the property to the north is developed, that the gate would come down. Mr. Lee stated that it wool l be a problem because e the development to the north is not single family. Currently it is zoned with more density than single. family, He. stated. that they would not want apartments or higher density going through the single development. Commissioner Tyson. asked if the property- to the north were coned single family residential would they consider the gates coming down, Mr, Lee said he could not make that promise since he was the engineer and not the. developer. Mr, Lee stated if it were zoned as industrial then the considerations would be different also, so the zoning on the two properties is all the have to go on, Commissioner Tyson stated that the commissioners were not expecting to open the street into an apartment complex so they were cutting traffic flow down to a potential single family development to the north, The gate across the street is a hindrance to the commissioners because the street is not a public street and therefore, the Commissioner would feel better if they had the option in the future of opening the street, If it is left with the honieowne.r's association the gate may never come down, Commissioner Tyson stated that the Commissioners need to decide at this meeting whether or not to land lock the area to the. north because of the drainage ditches or lease it to where it can be developed, Mr, Lee stated that they believe they are in conformance with the Comprehensive Land Development plan as set up by the City and this development is a self contained development and should be develo as an R-4 zoning. Commissioner Tyson voiced some concerns regarding the wetlands to the east and wanted to know what the plans were for drainage, Mr, Lee stated the objective was to conform to the ::its requirements for drainage.. There has been a study done in the past on the drainage and determined to be a natural setting and there would be no flooding in this area. Mr. Lee stated there has been discussion on the requirements r ega.rding compliance: with City code and the Land Plan states they must work very closely with the City Engineer in meeting those requirements, He further stated his opinion was there would be no problem meeting the technie.ai requirements, Commissioner Owens referenced some of the previous discussions regarding the wetlands and asked not to recur to "drainage problems" but call it challenges that exists on making it into a park or making channel improvements that would meet all criteria of wetlands. Commissioner Owens also stated his desire to make the wetlands into something that would protect the people on the eastern side, He feels there are problems leading up to the northern boundary which has to do with dumping water into the lake just north of the area. He made reference to the PLANNING AND ZONING COMMISSION w PAGE NNE !E)ECEMBER..2O, 1994 dedication of some of the chai:llenge;s fro in the developer to the City by the dek-e oper stating they would dedicate some park. area, He: ir€ade reference to parks it the northern part of the city that is in the flood plain currently and it is costing the city a lot of money to kee. p up and not enough staff, He started the land. that is proposed to be dedicated is a. challenge to develop according to what the Co €rrir ission would like to .see in the City of lEuless, He stated the plans Show a hike and bike trail but a letter from the applicant indicated they •are not willing to do so. He stated to the: applicant the City Engineer had informed the Commissioner that the wetland. determination was not a settled issue based on the Corps of Engineers and. other information, He asked the applicant if they could see any improvements it,s from the southern boundary of this property to the northern boundary of the property other than cleaning up and leaving it in the natural state. Mr, Let' stated there are no improvements shown on the plans as requested by staff because this was a technical issue to be worked out dr. €ring the Land Plan. They specifically took off the drainage piping and the channel it ipr averne €its at the request of staff. The understanding of the applicant is that the Specific Use Permit is conceptual. and not technical issues, and due to that is what was requested. to be removed from the. plans. Commissioner Owens stated since he was not present at any of the € eetings between the applicant and city staff, he. asked the aa.pp'icarnr if they planned on. doing, any enhancement to the ditch from the southern border to the northern border of the property, Mr. Lee stated i.t was ohvior€.sly the intention to meet the City's requirements and codes and to ensure there is no detrimental effect. to the east or west. Commissioner Owens asked if the applicant intended to dedicate the park and build a hike and. bike trail as shown on the prints, Mr. Lee stated as indicated the developer has chosen to dedicate, at no cost to the. City; a park area of approximately 2,8 acres. The original discussion with Bo -Bass was the Man being used as a grant through the state and Mr, Lee was not aware of any time the developer promised to build a hike and bike trail other than. stating it could be put in. Commissioner Owens stated he felt since there were no trade-offs and since the Commissioners were working on something different other than a standard zoning case and going with a Specific Use Permit, there should be something for the City such as a hike and bike trail, laid in with concrete and grading, to go along with the applicants proposal, Commissioner Owens stated_ he did not want this cost to belong to the City and he informed the applicant he would like to see them agree to put in the hike and bile trail along with any grading that Would satisfy a state grant or anything that ar _ieh.t come up so that the City would not have to spend taxpayers money, Commissioner Owens asked the applicant if they would be willing to take off the park dedication from the prints. Mr, Lee Schmitt questioned Commissioner Owens if he was asking him if he would provide a hike and bike travail in. return for the Land flan. Commissioner Owens replied, no sir., l am asking you. a simple question, are you willing to not dedicate the park to the City and maintain it yourself?" There was discussion between Commissioner Owens and Mr, Lee Schmitt, Mr. Schmitt made his remarks from the floor and was not recognized by the Chairman. He stated that he would keep the park. Commissioner Owens passed from his original question due to a PLANNING AND ZONING CO MiSSiON k PAGE TEN DECE MBER 20, 1994 verbal exchange between he and Mr. Schmitt. He stated he believed Mr. Schmitt had answered his questions. Commissioner :McMillan had questions regarding the type of screening fence along the western boundary between the proposed site and the apartments, The applicant t sta €ed the apartment complex placed an ' ft. wooden stockade fence with steel posts along the entire western boundary, He also stated they would come in with three different types of trees for additional screening such. as Youpon Holly, Globe Willow, etc. Commissioner Ilik4cMilion asked whether the previous discussions indicated a masonry fence.. The applicant stated no, Commissioner Tyson asked the applicant to discuss the fencing on the eastern boundary line, The plans stated to be del- ermined pry the builder ". The applicant stated there we're options regarding the fence aiong the eastern border because swimming pools require solid fencing, another option was a wrought iron -fence and the most recent is some type of shadow box fence that would provide some privacy and allow some visual openness, Mr. Re stated the main objective was to provide privacy and security since this development would he a gated community, Otis Lee informed the Commissioners that during the original meeting when the park issue came up, Bo Bass and the Parks Department was extremely- happy and felt comfortable to build a park in that area, One of Paul K€ucke ieyer's concerns was that if it were a private area and with Bo Bass indicating that the Parks :Department would then be willing to take on the maintenance of the natural area, The park area did not occur just as an idea of the developer only but Mr. Lee stated they consulted with the :Parkas Department and. with. City Staff to determine if the City wcnild. have a desire for the park. yointnisrioner Owens stated although he was not an. Engineer, the plans show a nice hike and bike trail and park dedication, He asked the applicant if they only placed the hike and bike trail on the plans to give the City a reference of what could be done. Mr. Lee stated that there was request made by staff for criteria such as offsets from the flood plain, wetlands area and there is enough area to build a hike and bike trail should. the applicant dedicate a: park, Mr. Lee stated this was only to show there was sufficient room to huild such improvements and stay out of the wetland area, Commissioner Owens stated the park was a good concept h pause there is a park to the north that needs to be connected. Commissioner Owens stated once again his desire for the applicant to develop the park completely including the drainage, concre-te li.ni.n.g m. the channel, and satisfy the wetland requir'e.rnents and then give it to the City. Lee Schmitt asked from the floor what type of drainage problem in which ('€-F. €r nissioner Owens was talking. Commissioner Owens corrected himself and stated he was referring to a drainage challenge, Mr, Se_hr ait.t then asked Commissioner Owens "then your saying there is no drainage problem'? Commissioner Owens stated he was not an Engineer and he would rather not use the word drainage, however he knows there is a water run problem in that. area. Mr. Schmitt then asked PLANNING AND ZONING COMMISSION - PAGE ELEVEN DEC <.M..1 <,R 20, 1994 Commissioner Owens "then your saying we have a water run problem down there "? Commissioner Owens stated. yes there was a definite water run. problem, Mr, Schmitt then asked Ottts Lee "do we have a water run prcibler down there "? Commissioner Owens informed Mr. Schmitt that he did not want to argue with him and he was speaking to Mr, Lee who was at the l odium and informed Mr, .Schmitt if he waffled to take the stand and speak he should do so in order to go on record, Commissioner Owens asked Mr. Lee if he had the ability to say whether or not a bike trail eouid be put in, the park be dedicated and all grades and improvements be made to the channel. Mr. Lee informed Commissioner (we ns he was talking with the wrong person, Comtnissio }ter Owens thank Mr. Lee, Paul .Krue.kemeyer, City Engineer, stated staff has discussed every issue that .a.€ been diseus,sed thus far at this meeting., He informed. the Commissioners and the applicants that the issues that have been d.iseussed so far were not zoning issues, The drainage would he taken care of at a. later date, Mr. Krucketneyer stated unless there were specific queestions, he did not have a corltneft. Commissioner ;McMillon asked Mr, Krttc kemeyer about potential maintenance of the wetland area and about the channel being fined with concrete. Mr. Kruckemeyer stated they have been working for months with Mr. Lee and his staf f, The Corps has designated a certain portion Of this area as National Wetlands but they have also indicated a large portion of it as of very little value. In fact, he stated., channel improvement could improve the quality of the wetlands.. So there. are still some issues to be worked out and negotiated. .her, Krucke.rtey>er stated there were several. issues that were still not satisfactory with City staff, Cha.irtnan Young instructed the Commissioners that if they approved this Specific Use Permit and it went to City Council then it would come back before the Planning and Zoning Commission as a Land Plan, This would be the time to address the drainage. Commissioner Owens apologized for some of his concern and stated the applicants have COrie a long way. He stated he liked the: plan with the deep lots and felt like they had done some tremendous advancement on the beautiful terrain, n, He stated there is still a problem with the water flow-- according to the City Engineer, He did not feel he could be in favor of the _play; as submitted, but at the same. time he stated he did not want to vote against the proposal, He recommended a postponement or tabling the item until such items could he satisfied, Commissioner Baldwin asked for clarification on approval. of this item changing the zoning to Single Family gated community, with private streets. Rod Tyler added this was not a Change in zoning but rather a Specific Use Permit. The property is still zoned R-4 to allow multi-family, PLANNING I.NG A_ I3 ZONING COMMISSION - PAGE TWELVE DECEMBER 2O 1994 Lee Schmitt stated he had agreed to make the perimeter fencing agreeable to the Commission in the final Land .Flan, He asked about. the Corps of Engineers indicating improvements of the channel ::night enhance the wetlands, He asked for the name of the i erson at € ,e Corps that made the statement in order tbr• him to follow up. Andrea Baxter, A.ssistan }t. City Engin€er, stated the Corps would like to meet with both the City and the applicant at the same time. She stated the Corps has asked for the meeting before and it has been denied them. She stated that Mr. Herrington had said the applicants were not accep table to the meeting. tee Schmitt and Mr, :ra cGorrgh stated t rey had not spoken with the Corps of Engineers at any time and this was simply not true. Ms, Baxter stated the City would. like to sit down with the Engineer and the Corps, who the applicants have spoken to in the past. (Mr. Herrington). Mr. Schmitt asked wasn't it true they had made the initial contact in the beginning with the Corps Chairman Young asked him to approach the podium in order to be recognized, M.r. Schmid stated they would agree to give the City the a €rthority to dictate what type of fencing would be constructed along the perimeter, Mr, Schmitt stated. this w €-weld. he around the entire development as long as he did not hav e to construct a masonry fence because it would be cost prohibitive. Chairman Young stated he would like to see the developer and engineer get with Ms, Eden and her sister -in -law and go over what type of options they might have for the future, He told Mr, t dice tt this would give therm the oppi tun.ity to think about the development and see if they nay want to comae up with a preliminary plan to develop their land into single family and discuss continuation of th€ streets Mr. Schmitt informed the Commissioners it was difficult to tie up their property when the numbers did not work for them M. dollars and cents, however, he knew what Ms. Eden and her family meant to the City of Euless. After discussion between Mr. Schmitt and Chairman Young, Mr, Schmitt stated he would call Ms, Eden the following day and make his engineers available for a meeting, The motion to table Specific Use Permit #94-21-SUP was made by Billy Owens, Commissioner Owens did not give a time frame in which the tabled item would some back to 1)&7, and stated Mr, Schmitt had some people he needed to talk with and some additional work needed to be done., Mr., f ehritt informed the Commissioners he would talk with Ms, Eden, but there was no one else he needed to talk to. The motion died for lack of second, O € €-is Lee summarized by stating they had spent. many, hours with city staff and he reminded the Commissioners that Mr. Byers indicated initially that staff recommended the Specific Use Permit with the understanding there are aestheticai issues to be addressed at Land Elan stage and as the, representative of the developer from a technical standpoint, he was more than willing to work PLANNING AND ZONING COMMISSION r PAGE THIRTEEN DECEMBER 24L 1994 with city stale and work out the technical issues, He stated they had <net all of the comments from the Development Review Committee. The motion to table Specific Use Permit #94.2.I -SUP because of the following concerns: l , perimeter fences and landscaping; 2. r the gate across the private street in order to not land lock any land in the {'its of Euless, Commissioner Tyson stated this motion will give the de=veloper a chance to come back and address these issues at the January 47, 1995 meeting, Mr. Schmitt asked Ms, Eden from the floor if she had ample frontage on Hwy. 157 and would that give her access to all of her property. Mr-. Schmitt told the Commissioners oners if they were going to table the item he would prefer to go ahead and deny it. He sated that Ms. Eden's property had a l.ot. of -f ontage on Hwy, 157 and that be would just develop his property into apartments. Commissioner Tyson gated the property to the north of this land needs to have access from the south, He informed the applicant it was the obligation of the Commissioners to make sure that a piece of property is not locked ciff and not have access, Chairarian Young asked for a second to the notion, Commissioner Owens seconded the motion after asking for clarification on the motion. Commissioner Owens stated for the record, at the time of Land Plan the Commission would address the eastern edge of the property on the enhancement of the drainage Ali €eli. Mr, Kruckemeyer agreed, The vote was as ioilows: Ayes: Comfniss €oners Tyscara, Owens, Baldwin, McMillen,. Young Nays: None J Abstentions: Commissioner Bright The motion carried ITEM 'V% PUBLIC HEARING - SPECIFIC USE PER fl.T X34.22 -SUP REQUEST OF PHIL PARKER FOR A SPECIFIC USE PERMIT FOR A RESTAURANT W TH BILLIARDS RDS A i ) 'THE SALE OF ALCOHOL IN C-2 (C0 f.' 1:. NI Y BU I \1?S' DISTRICT), ON 1:.01" 9 -R, BLOCK. 3, BELL RANCH TERRACE ADDITION; DESCRIBED AS 210 SOUTH INDUSTRIAL STRI.A.L BOULEVAR1D PLANNING AND ZONING- COMMISSION - PAGE FOURTEEN DECEMBER .20, 1994 Randy Byers, D.ire:ctor of Public Works and Development introduced Item V -- #94-22-SUP stating the Development Review Committee, had reviewed this submittal and recommends approval of the restaurant with billiards grid the sale a alcohol at 210 South indu trial Blvd. Chairman Ronald Y €rrrn.g explained the rules governing a Public Hearing and he opened the l tihl.ic Hearing for Specific Use Permit e.94 --'22 --SUP for 210 South Industrial Blvd, He called dr the applicant to come forward to the podium and state their name, address and give a short presentation, Phil Parker stated his residence is 508 Bluebonnet, Grapevine, Texas, He stated that he has three t.;3;s food and beverage establishments in Grapevine and he world like to branch out into the City of Euless ,.. Ile stated that he would be willing to answer any questions concerning this Specific Use Permit, There being no further proponents or opponents, Chairman Young closed the: public hearing for discussion. among, the Commissioners, Commissioner Joy Baldwin asked for the percentage of the building that would be the actual restaurant. Mr. Parker .replied that most of the building will. he restaurant, with the main portion of the restaurant being in the center se € ~tion. Tables will be scattered throughout and any place in the area. may .have food, Some of the Commissioners were concerned with the arnowf of alcohol sales. Mr. Parker reassured the Commissioners that alcohol sales in his other restaurants do not exceed 50% of sales and they do not have the Billiard tables, Commissioner McMiflon made the comment that he would like to finally see a restaurant comae to Euless instead of the surrounding cities, Commissioner Tyson stated that he felt it to be a good restaurant and good for the c.ornnw €rimy., but he does not like the menu being snacks, appetizers or hamburgers and felt the best use for this property is =menial, same as the Town Center, Commissioner Owens asked Mr, Parker if he thought about more set-down type seating. Mr, Parker replied there would he about 200 set-down places ava €fable and the menu would have a large variety to pick from and they would have a large Bench crowd as well as dinner. Commissioner O crfs made the comment that an upscale restaurant does not have billiards, And he would like to see the billiards taken out to improve the restaurant, Mr. Parker stated that the billiard section of the restaurant will be dons; with T'iff-any light fixtures for a detailed look, Chairman Young asked if there was anymore discussion among the Commissioners, There was none. Mr. Larry Smith a representative of Wolfe Nursery, from the audience stated he has been. marketing that property for approximately nine months, Mr, Smith commented that he was impressed with Mr. :Parker's other restaurants in Grapevine, Mr. Smith stated his previous prospects for the property were Fox Sc. Hound. but they decided to settle in Arlington, Mr. Smith PLANNING AND ZONING COMMISSION - PAGE FIFTEEN DECEMBER 20, 1994 stated that Mr. Parker has a seven year lease on this property and Wolfe Nursery felt confident that the business. ill. do great in that location. Mr, Parker stated that his restaurant would be a family fun place similar to Dave and Buster's, The. re being no further discussion, Commissioner Carl Tyson made the motion to deny Specific use permit #94,--22-SUP, because he feels that. the highest use for the property is to keep the oning: C -2, The motion died for a lack of second, Chairman Young then asked for a new motion. C'cFamr ssic ne.r l 01,1illon made the motion to approve the Specific t.ise_ Permit #94-22-SUP. f' €rrnrnissioner Baldwin seconded the motion and made the comment that never in her hfe had she heard billiaarcls being referred to as a family place but. maybe it .was. Commissioner Baldwin stated that the property needed to be leased and all the surrounding cities are growing in this type of activity and the City of Euless needs a familiar citizen in the building. Commissioner Baldwin also stated she would like to see a business in this location that the City knows is going to around for awhile. which was her reason for support. Commissioner Nancy cy B .ght .stated that she a greed with Commissioner Baldwin and thinks that lair. Parker will do a great job. Commissioner (:Owens reassured Mr. Parker that he was for the restaurant but not the billiard tables because the Ci y of Euless has had three restaurants close up because of too much alcohol sales. The vote was as follows, Ayes, Comanissi hers Young, Owens, l tcMille-,u., Bright, Baldwin lays: Commissioner Tyson The motion carried, VI. PUBLIC HEARING s SPECIFIC USE PERMIT #94-24-SUP REQUEST OE COLONIAL EQUITIES, INC— FOR A SPECIFIC USE PERMIT FOR APARTMENTS IN AN -3 AND -5 (I I.;TI -E: ' HI_, Y DWELLING DISTRICTS AT 12 AND 24 M-IS .ABC RES ), OUT OF THE R. CROWLEY SURVEY, A-312, TRACTS 4'03 AND DESCRIBED AS 601 EST ASH LANE Randy Byers, Director of Public Works and Development introduced the sixth item on the agenda as being a request of Colonial Equities, Inc. for a Specific Use Permit for apartrnents at 601 East Ash Lane, The Development Review Committee has reviewed the application and recommend its approval and would also like to comment that the approval of the Specific Use .Permit will also serve as approval of the site pan. �'yP'#_.�,` 'MANNING A{N»tZONING COMMISSION - `AGE SIXTEEN DECEMBER 20, f.994 Chairman Young stated. the rules for a Public Hearing and asked that the applicant or applicants representative to cornet forward and present their name and address. Mr, Art Anderson with Winstead Seecehrest Z Min ek, `,C.., Dallas, Texas as 7 270., stated all the comments that were ;i%(er€ to them by City staff had lleen taken care of and if there are other additional questions then he or Mr. Ng would be available to answer, There being no further proponents or opponents, Chairman Young dosed the Public Hearing ` €. >r discussion among the Commissioners, Commissioner Tyson asked for more information about the parking spaces, Mr, Anderson replied that more spaces would be provided due 1,0 all the open space can this lot and also made reference to the 60 ft-. right-of-way and 5 € . sidewalks with there being 40 fft from the sidewalks to the berm area. Commissioner. Tyson had questions about seeing the fence from Fuller-Wiser Road and Mr, Anderson informed him that you would. be able to see the fence, Commissioner Tyson also asked the distance between the street right-of -way and fence along pillage Drive and Ash. Lane, Samuel Ng, with KNSG, architects, 10110 N. Central Expressway #1210, Dallas, Texas stated the typical setback on the building is 30 ft. and the fence is between the right-of-way and the building, but the fence is not straight because it goes in and out causing the fence to be /3 to 20 ft. setbacks beetwtTn the right-of-way and the building, Commissioner Owens mentioned his concern for a nice brick fence along the main thoroughfare. Contnsissioner Owens wants the fence to look attractive in the City and a brick k fence .would not be that much more expensive when you think of how much longer it lasts. Mr, Ng explained be wants to build an open concept so the residents of the aa.partrnents will feel a part of the community and not divided. Commissioner Owens had questions regarding the windows facing the street,. Mr. Ng stated there would not be any windows facing the street and MICR! there may he a problem, there would be a lot of trees and berms, Commissioner McMillon commented that he was very pleased with the site plan due to the distance between apartments and the back yards located in the adjoining homes. Mr, Ng stated there will be approximately 16t) ft, between the two areas. Paul .Kruekerney er, € €ty Engineer € .fade the comment that he would take care of all technical aspects by his department. Com missioner Baldwin asked if there would be nrrsite lighting. Mr, Ng replied that there will be lighting, within the complex and it would to not interfere with the traffic. The lighting will be high pressure used mainly for security and the complex will also be gated. PLANNING AND ZONING COMMISSION ° PAGE SEVENTEEN DECEMBER 20, 1994 Commissioner Owens made the motion to approve: the site plan and zoning change for Specific Use Permit . #94.24 -SUP, cornrnissioner l' 1.cMil: o€ . seconded the motion. The vote was as follows: Ayes; Commissioner Young, Tyson, Nei lcM llion, Bright, Baldwin, Owens Nays: None The motion carried, VIL PUBLIC HEARING - ZONING CASE 34- -25 -ZC REQUEST OF RUL J'E HOMES OF TEXAS FOR .A CHANGE OF ZONING ON 2485 ACRES OU..t. OF THE RAY SH LTON SUBDIVISION, FROM ITS PRESENT ZONING OF CUD #675 (commuNITY UNIT [1 D+ , E O.P I ,N`11 FOR MUL `I- EAMlL' " A'1"12 U.NI S %4.CRE) TO R -1. (SINGLE-FAMILY DETACHED DWELLINGS); GENERALLY LOCATED ON THE NORTH SIDE OF EAST ILARWOOD ROAD AND EAST OF NORTH MAIN STREET Randy Byers, Director of Public. Works and Development, sated this item is a request of :pr €lte Homes of Texas for a change of zoning for construction of single family homes. The Development Rei°ie`vy` 'COMM z has Nvi w d this applit:atu' and recommends ends i €s appr ' 1.. Chairman Young opened the Public Hearing for Zoning Change ; - )4-25 -ZC and explained. the rule govern.in.g a public hearing. Chairman Young asked the applicant to come forward and state his name and address, Brad Mever with Carter & Burgess, 7950 i.-nbro ok, Dallas, Texas, stated that he is representing Puke Homes of Texas. He spoke briefly of the lot sizes and stated how much Puke wants to build single .family homes as opposed to the current multi--family zoning for apartments. There being no further proponents or opponents Chairman Young closed the Public Hearing for discussion among the Commissioners, There were no questions or discussion aarnon? the Commissioners. Commissioner (i)wens made the motion to approve Zoning Case #94- -25. -ZC as presented. Commissioner Ballwin ; ;conded the motion. The vote was as follows: Ayes: Commissioners Young, Tyson, Baldwin, Owens, McMillon, Bright. Nays: None The motion carried. PLANNING AND ZONING COMMISSION - PAGE EIGHTEEN DECEMBER 24, 1_994 ADJOURNMENT There being no further hasinev,, Chairman Ronald 'Young adjourned the meeting at 9:13 P.M, Chirman Ronald Young bacIp&211220.94mn, p& z