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HomeMy WebLinkAbout1997-08-05 ACENDA PLANNIWs AND ZONING=C OrvfvR 1:OI''e1 C& of Edess CamrO Chaiil3ers - BLA(liing "S" 201 No rdi Fxtw Drive Ftiess, Texas 76039 Aigust 59 1997 5:30 - Pre-Conxnission Meeting t'TT )wmtai:rs Conference Roan - Building "A") 7:00 - Call to Order (Cotmcil C inters _. Building "B") PILDM OF ATEFAA:',-- Conn-nissiorrer Nk:.11fjllon IN- O(:A110-N - Ckrrnissioner Owens AMMONTAL Cl>F'INSWFf''a- Regular ineeting of July 15, 1997 L PUNK HEAR x- R AT- #P-97-21 - C AR BRL1 MATES Public irrlxrt regarding the proposed replat of 3.38-38 acres. Lots 1-4, Block l., Cedar Hill. Estates Addition, into Lots 1R, 2R, 3R, 4R, 5-10, Block 1., Cedar Hill Estates.Addition located on the nor-dm",t c(mier of,'youth 'tin Street and Hollywood Botflevard. R. C'iANMD['.R APPROV AL- R AT- #P-97-21 - CEDAR BRL €'. YAL i.TS Consider request of the proposed replat of 3.3838 acres, U,8 1-4, Block 1, Coda-r -Hill Estates Addition, into Lots 1R, 2R, 3R, 4R, 5-10, Block 1, Cedar I-Ell .Estates Addition located on d)e northwest corner of South Main Street and fk)llywood Boulevard 111. CU NW" APM!'7AL PREUNINARV 1 I - #P-97 20 - PARK IX LOVN ADDHW4 Consider approval of d)e proposed preliminary plat of 23.034 acres for the construction of 83 single fmily lots being a replat of Ums 12-1-1, Block 2, The J.E. XWtener Estates IV. PI.13UC HEARING- ZONING CHANCE E- 7-27-7r- NTH I A IW-"�r 8MMON Public irrlxrt of the proposed request of Concord :Sunni it, Ltd.,, for the zoning change frcmR 5(Ntulti-Family Dwelling District)and C-2(Cbmir pity Business District)to PD (131mi jed I)evelopment} with SUP (Specific Use Per nif) for apartments Ftm i€ng &7Aning CAmAssian 2- A►MM 511.997 V. M"1314-DAWN OF - ZONTNC MW E - #9'7 27-IBC - VIA ZA ANM ADDITION CaLider rec�ndation of the proR7,ed request of Concord Sung-nit, Ltd., for the A ming chmVe from R-5(INUti-Fanil Dwelling District.)and C-?(C'omnrwnity ir�ss District) to PD (Pl=ed Developnnent) with SLIP (Specific Use Pen-nit) for apartrwnts AT PUNIC" I-WAR�TO - SPEOITC USE YTMIrr - #97 28-SLT - AIHJ A NNE ADDfIION Public input reg-arcling the recd: of Concord Swim it, Ltd., cuing a Specific Use I'enT it f(w aparti-wnts out of the AJ. Huitt Stwvey, .Abstract Cn.84, located at, 1001 Villa Drive 'III. RDL NAIE RATION C- SP"--IC USW�'��T-#97-28-43P- MA NIS' ADI91CIN Public input regarding the request of Concord Summit, Ltd., requesting a Specific; Use Pet nit for apartments out of d ie A,3. Huitt Survey, Abstract�, lcx;ated at; 1(X)1 Villa Drive VM. PUNIC IWARIW-v- FU CE N ARIAINCE- 7-7.6411 - 803 ATK96W IANE Public input regarding the request of Ruben Roch iguez. for a variances to the fence ordinance for a ATought: iron feme located at 80-1 Atkerson Lane W. SRF:RAPF ,&I_.-FFNCEVAR[AN(Y,-# 7 26FV-803ATIQWSMLANE Co i ider approval ruing the request of Ruhr°n.Rodriguez for a variame to the fence ordinance for a wrougbt iron fence located at 803 Atkerson Lane X, REF+CMS P09111D TEIIS 31ST DAY Cam'AUGUST, 1.997, AT 5:00 PAL .f dd �yf y i hdvid" PklSft €t vim plan to<urd this€uNic iiwii-at:t9 you have a disability flial rtnuims x.-vial anmar enux�at ffie rwirg, of'x 3t i E i j �25� 1026. �-, 4 Llt ai:�tre Waticros iNiil be Tind.:+>assist e«ur weds, PLANNING AND ZONING COIVMSSION AUGUST 5, 1997 NNUTES The Pre-Coma ssion meeting of the Planning and Zoning Comrnission was called to order by Chairman Ronald Young at 5;30 p.m., in the Building "As' Conference Room. Five members of the Planning and Zoning Corriission were in attendance. PLANNING AND ZONNG COIVMSSION CONSIDERATION OF SCHEDULED ITE 4S- COUNCIL CHAIERS. Chairman Ronald 'Young called the Planning and Zoning Commission meeting to order at 7:00 p.m. for the consideration of scheduled items. He stated there were six members of the Planning and Zoning Comrnission present. Commissioner Bright was absent. Furthermore, the agenda for this meeting had been properly posted in accordance with applicable law. NIEIIMRS &STAFF PRESENT NEMBERS ABSENT Chairman Ronald Young Nancy Bright Billy Owens George Zahn Joy Shuler Robert McMillon Keith Eggers Paul Kruckemeyer, City Engineer Kevin Mercer, Development Services Manager Barbara Chambers, Planning Coordinator Donna Brown, Office Technician Charlie Miller, Councilman Carl Tyson, Councilman VISITORS PRESENT: Bobby R. Jones David Graves Harlene Jones Jay Rottman Gayla J. Maas Carrie Wyroski LaNeil Chesney Weldon Cannon Tammy LeBeouf Coffey John Winer Charline Conger Ruben Rodriguez Norma Thornton Eufelia Rodriguez Billy Hilbom Tony Davis Sandra Durbin Harold & Peggy Millendon Gay Mitchell Ken Luevve len Richard Girouard Mike Utzman PLANNING AND ZONING COMMISSION IVIEETING - PAGE TWO AUGUST 5, 1997 PLEDGE OF ALLEGIANCE AND IWOCA11ON: The Pledge of Allegiance was given by Con nissioner McMillon and the Invocation was given by Commissioner Cans. APPROVAL OF MINUTES Commissioner Owens made the motion to approve the minutes of the July 15, 1997; Planning and Zoning Commission meeting with minor corrections. The motion was seconded by Commissioner Shuler. The vote was as follows: Ayes: CoTrissioners McMillon, Zahn, Owens, Shuler, Young, Eggers Nays: Done The motion carded. REGULAR AGENDA Chairman Ronald Young asked that Items Mll. and IX be moved to the front of the agenda due to a large number of citizens being present. Vill. PUBLIC HEARING - FENCE VARIANCE - #97-26-FV - 803 ATKERSON LANE Public input regarding the request of Ruben Rodriguez for a variance to the fence ordinance for a wrought iron fence located at 803 Atkerson Lane Kevin Mercer, Development Services Manager, gave a brief description of the referenced property. He stated the Development Review Committee had reviewed the submittal and found it in substantial compliance with the submittal requirements. He stated the three criteria requirements for granting the variance as being; 1.)Granting the variance will not adversely affect the interest of the City of Euless', 2.) Granting the variance will not adversely affect neighboring property owners; and, 3.) There is, in the Commission's opinion, a hardship on the land and the hardship is not a personal or self-created hardship. Chaim-an Ronald Young explained the rules and procedures governing a Public Hearing. Chairman Young opened the Public Hearing and asked the applicant to give a brief explanation of his request. Mr. Ruben Rodriguez stated he had lived at 803 S. Atkerson Lane for 23 years. He stated he and his wife wanted a wrought iron fence around their property, He stated the fence would be decorative and very nice looking, it would have 25 percent visibility and add to the value of the house. He stated the fence would, hopefully, not hurt the neighborhood in any way. a PAGE TH �EE Pa VG ZONING 1I S1C h 1EET11 AUGUST 5, 199' He informed the Commissioners and audience, the fence would cost between$4,000.00- $5,000.00, and hoped the request would be given same consideration by the Commission. He stated the fence would be a little higher than the legal height because the lot slopes, but would not be any higher than fences that had been in the neighborhood for 20 a 40 years. Mr. Rodriguez stated concerns with he and his wife getting older that they would feel more secure with this type fence around their property, even though crime watch was in effect. Chairrrian Young opened the Public Hearing for proponents. ®r. Gayla Maas, 507 Huntington Chive, stated she had an adjoining lot next to the Rodriguez family. She stated they had lined in Euless for 33 years. She stated she did not have a problem with the wrought iron fence and felt the neighborhood had not been bothered with crime because of all the dogs and crime watch in the neighborhood. She informed the Commissioners she was in support of the request of Mr. Rodriguez and hoped he could make a go of the request. There being no more proponents Chairman Young asked for opponents. There were several opponents in opposition to this request by stating concerns of variances being the future to every problem that may arise in the neighborhood. Mr. Bobby Jones expressed his concerns that Mr. Rodriguez was intending to let his dogs out in the front yard. Mr. Richard Girouard stated he would not want the neighborhoods value be on the down side because of variances being issued. Ms. Peggy Millender stated she owned a piece of property at 1307 N. Atkerson. She stated her concerns with too many variances in a neighborhood, also too many cars stored at the area in question and felt that she could not be in favor of the request. She stated she was proud of the City of Euless and proud of what the City Council was trying to do with the'°Trees°'of Euless and all the extra programs for the citizens and knows the City is looking out for the best of interest to the citizens. She stated the City had the ordinance for a good reason. Mr. John \AAner stated he was interested in purchasing a horn on Atkerson and asked that the variance not be granted due to the number of vehicles owned by Mr. Rodriguez and the height should not exceed the 3 feet maximum. Ms. LaNeil Chesney stated she did not have an objection to the request, but she felt the 3 feet maximum height should be sufficient for the small dog which had been out on occasion. She informed the Commissioners that she hoped the fence was not to allow the large dogs to run in the front yard right next to the 10 feet easement because of the problem they had in the past with the dogs getting out. Chaim-an'young asked the applicant if he would like to come back to the podium to offer a rebuttal. Mr. Rodriguez stated every car he owned was registered and tagged. He explained that he had a four car driveway which he had a lot of money invested in the antique cars which were covered with expensive car covers, He stated the citizens were right about the cars but wrong about the fence making the neighborhood go down in value. PLANNING AND ZONING COWSSION MEETING - PAGE FOUR AUGUST 5s 1997 He stated they did have dogs, two large dogs were in the backyard and one little dog that stays in the house who is eight years old. He explained the eight year old is normally let out routinely in the front yard and would sometimes go to the neighbors house to the left but it only seemed to be a problem when his dog would visit their yard and not the other neighbors. He explained that he had spent a lot of money to keep his dogs on his property. He stated the only dog that had gotten out is the little terrier that the City of Euless` animal Control had to pick up on occasion. He stated he was disappointed to hear his neighbors speak in opposition to his request, Mr. Rodriguez asked the conirissioners to take into consideration that they were truing to protect themselves as they are getting older. Chairman Young closed the Public Hearing for the Commissioners to discuss case#97- 26-FV, IX CONSIDER APPROVAL - FENCE VARIANCE - #97-266-f=V - 803 ATI ERSGN LANE Consider approval regarding the request of Ruben Rodriguez for a variance to the fence ordinance for a wrought iron fence located at 303 Atkerson Lane Chairman Young asked the applicant to address the three criteria qualifications to approve the variance as follows 1.) Granting the variance will not adversely affect the interest of the City of Euless. Mr. Rodriguez stated the only problem would be the height because the lot slopes causing the height to be 5 feet:; 2.)Granting the variance will not adversely affect neighboring property owners, which Mr. Young informed the comnissioners that both sides concerning this request had been heard, 3.) There is, in the Corrflission's opinion, a hardship on the land and that hardship is not a personal or self-created hardship, Mr, Rodriguez stated he and his wife had discussed how they would life to have the fence to help suffice their need for security as they get older because of an attempted break in and wanted the security for their little dog to stay in the yard. Chaim-an Young asked Commissioner Zahn to give his opinion of this request because he had been out to the referenced piece of property. Comrnissioner Zahn stated that at this time he did not see where the criteria had been met to grant the variance. He stated that the hardship in number three was not on the land and only personal so therefore he could not be in favor of granting the variance. Commissioner Eggers asked the applicant if the small dog could be let out in the backyard as well as the front. Mr. Rodriguez replied that they had two german shepards already in the backyard and they do not take to him very well. Commissioner Eggers asked the applicant if the fence would be on 4 inch centers and would that be something that the dog could get between. Mr. Rodriguez informed the Commissioners that the 3-3 112 inches apart and would keep the little dog in the front yard. PLANNING AND ZONING CSI ION MEETING m PAGE FIVE AUGUST 5, 1997 Commissioner McMillon expressed his concerns regarding the hardship to the land and not personal. Commissioner choler asked the applicant his main reason in wanting the fence. Mr. Rodriguez replied it was for security. Commissioner Shuler asked if they had a security system and Mr. Rodriguez stated they had a security system. Commissioner Shuler stated her concerns Wth there not being a hardship other than just a nice fence but there was enough people in the community that felt it would bother the neighborhood more so than the people that would like to have the fence there. Commissioner Owens stated that he would like to hear Ms. Millender's presentation again. Ms. Millender again stated she was concerned with the fence going in and someone coming in and putting in a resod fence right beside it. She did not runt the committee to approve the variance and the neighborhood start having problem with ordinances not being enforced. Comnnissioner Cans expressed his concerns regarding so many neighbors being opposed to the request. He commended the audience in coming out due to the notifications that were mailed out by staff. Commissioner Covens asked the applicant Mat mould keep the big dogs from coming in the front yard. Mr. Rodriguez verified that there was a cross fence Wth a pad lock to keep the large dogs in the back yard. Commissioner ins asked the applicant if the City had explained to him that there was a particular type fence that was permitted by ordinance. Mr. Rodriguez confirmed that he had researched the situation and found he could file for a variance and the variance was not suggested by the City. Con- -nissioner ins asked the applicant if there was any hardships such as drop-offs, holes or mounds that would cause the applicant to need the fence. Mr. Rodriguez stated there was a drop off due to rain washing from the back yard to the front yard which the contractor suggested putting in a curb to resist ground erosion. He stated that he would have to bring in a load of dirt or something to that effect to prevent this erosion if the variance is not granted. Chairman 'Young stated his kerns of the hardship not being met in item number three and asked the Commissioners for a motion. Conyrissioner Zahn made the notion to deny fence variance# --26-Ff. The motion vas seconded by Commissioner C ens. The mote was as follows: Ayes: Commissioners l cMillon, Zahn, CMaens, Shuler, Young, Eggers Nays: None The notion carried. PLANNING AND ZONING COIVMSSION WEETING PAGE SIX AUGUST 5, 1997 1. PUBLJC HEARING - REPLAT m #Pm97-21 - CEDAR HILL.ESTATES Public input regarding the proposed replat of 3.3833 acres, Lots 1-4, Block 1, Cedar Hill Estates Addition, into Lots 1 R, 2R, 3R, 4R, 5-10, Block 1, Cedar Hill Estates Addition located on the northwest corner of South Main Street and Hollywood Boulevard Kevin Mercer, Development Services Manager, gave a brief description of the property and introduced Tony Davis, L.A. Davis Horns, as the applicant. Chairman Young opened the Public Hearing and asked the applicant to rTake a brief presentation. Mr. Tony Davis, L.A. Davis Mmes, 319 Stansbury Drive, feller, Texas, stated the current four lots would be divided into 19 large lots, 85 feet wide by 22€3 feet deep. He stated very minimal trees would be lost on this lot, n-aybe two or three. He requested the approval of the replat subject to 20 feet right of way along plain Street and supplying the metes and bounds on the plat along with the impact fee being provided on the plat. Chairman Young inquired if all the property owners were present and all were represented and had the ovmers raise their hand if they were in favor of the replat. No one was opposed to the replat. Chairman Young asked for proponents. Mr. Weldon Cannon, 606 S. Main Street, had questions about the construction of new hones causing problems with drainage through his property. Paul fruckemeyer, City Engineer, stated the replat did not require any construction plans for public improvements and the infrastructure was all in place. NN. 1ruckemeyer reassured Mr. Cannon the state law would not allow builders to resthct flowage. Mr. fruckemeyer stated if it naturally flows in a direction then that is how it would have to be handled. Mr. Cannon was satisfied and asked if the builder would install a fence along the north side of the property. Chairman Young informed Mr. Cannon that the homwmers would Mild the fends if the builder would not be contracting the work. Mr. Cannon infornei the Commissioners that he was on the Historical Preservation Conyrittee for the City of Euless and had written a historical narrative and invited everyone to read the one located at the library. He stated the day was historical because 100 gears ago, August 5, 1897, his grandfather; Arch Cannon, had bought the land at 606 S. Main Street, and he was very interested in the land. He voiced his opinion of, „please save the trees". Mike LItzman,499 Sunset,expressed his concerns regarding the property at 700 Henslee, which was his mother's home. He had questions regarding the building line along Hollywood Boulevard to be consistent and ghat type of safety measures would be taken PLANNING AND ZONING COIVMSSION MEETING - PAGE SEVEN AUGUST 5, 7997 to protect the children from playing at the construction site. The applicant, Mr. Davis, stated the drainage would be a natural flow and into the street, the fence would probably be a 5 feet stockade fend which would be discussed with the horn buyers and the building line would be 25 feet or more in order to save the trees toward the front of the property. He stated the current horns along Hollywood Boulevard appeared to be along the same line of 25 feet, He stated the construction site would be kept as dean as possible to prevent children from playing in the area and he would be willing to install a construction fence. There being no other proponents/opponents,Chairman Young closed the Public Hearing, II. CONSIDER APPROVAL, - REPLAT - #P-97-21 - CEDAR HILL ESTATES Consider request of the proposed replat of 3.3535 acres, Lots 1-4, Block 1, Cedar Hill Estates Addition, into Lots 1 R, 2R, 3R, 4R, 5-10, Block 1, Cedar Hill Estates Addition located on the northwest corner of South Main Street and Hollywood Boulevard Paul Kruuckerrneyer, City Engineer infom-ed the Commissioners the Engineering Department reconended approval of the replat subject to changes being made that were provided by Mr. Davis being the 29 feet right-of-way dedication required along S. Main Street. He stated Mr. Davis had provided the Commissioners with a revised drawing showing the 29 feet right-of-way along Main Street. Commissioner Owns suggested installing a fence along the property line facing S. Main Street to cut down traffic from parking on the construction site waiting to pick up children from school. Commissioner Owns asked the applicant his feelings toward this request. Mr. Davis stated he would install the temporary fence if he felt it would keep the children off the property. Commissioner Shuler stated she was excited about having nice homes on this piece of property. Commissioner Owens made the motion to approve #P-97-21 with the conditions of the corrected plat with the 20 feet fight-of--way dedication, note on plat for metes and bounds and impact flee schedule. The motion was seconded by Conssioner Shuler. The vote was as follows: Ayes: Commissioners McMillon, Zahn, Covens, Shuler, Young, Eggers Nays: None The motion carried. PLANNING AND ZONING COIV1MISSION MEETING - PAGE EIGHT AUGUST 5, 7997 III. CONSIDER APPROVAL m PREUMINARY PLAT a #P-97-20 - PARS HOLLOW ADDITION Consider approval of the proposed preliminary plat of 23.034 acres for the construction of 83 single fanily lots being a replat of Lots 12-23, Block 2, The J.E. Whitener Estates Kevin Mercer, Development Services Manager, gave a brief description of the proposed prelirrinary plat. He stated the prelin-inary plat requested by Fred Phillips, Ryland Homes, for Park Hollow Addition. He stated DRC had reviewed the application and found that it had met the minimum requirement set forth in the UDC requirements, however, due to issues in the park DRC has recommended ended denial of the request. He informed the Commissioners the request was a ministerial function and was subject to the Comrnission's approval. Matt Goodwin, Goodwin and Marshall, stated he appeared before the Comrnissioners for questions they may have. Paul Kruckerneyer, City Engineer, stated the applicant had presented a set of construction plans and found them to be substantially complete. Chairman Young asked Mr. Kruckerneyer if the plans included the treatment of the creek. Mr. Kruckerneyer informed Mr, Young that was correct and the plans included water, sevr; drainage and drainage included erosion control to be made to an existing channel that traverses the entire site with one boat culvert. Kevin Mercer? Development Services Manager; stated the concerns of the Fire Department and Police Department which was having Fire Department access to get to the back of the property and the Police Department felt the property needed more lighting in the park area for,after hours park visitors and secondly having a vide enough path to ensure no blind spots where moron could be approached without any notice. Chairman Young asked the applicant to clarify the latest plans as far as providing the staff and Cor ssioners with a plan as to what would be built in the park area. l r. Goodwin stated he had provided the staff with a layout of the park and asked the Commissioners if they had it in their packet. Commissioner Zahn stated the last they had seen of the plan was a pretty picture several months ago. Mr. Goodwin indicated he had attended a special DRC meeting where there was discussion regarding a presentation of the layout in the park. He stated there would be a couple of modifications, access to the path which had acs to the culdesacs and over a golf cart bridge that would go over the creek. Mr, Goodwin stated they had an extensive group meting with DRC and Mr. Bass was in agreement with all the terms they had submitted. He stated the emergency personnel had requested a helipad. He stated they also requested a paved street access along PLANNING AND Z G SSION MEETING PAGE NINE I AUGUST 5, 1997 Granite Drive. He stated staff suggested that access could be made from the culdesacs, of the back area because this area would be least accessible. Mr. Goodwin stated concerns with the lighting in the park area and stated that the staff had mentioned that maybe too much lighting would cause problems with citizens occupying the parr after hours and felt the safety solution would be not to light the parr. Mr. Goodwin stag they would clear out the underbrush and make a sodded tree parr land area. He mentioned that bland Hones had talked about a gazebo making it a live in park and not a stop, eat and throw the trash in a barrel. Mr. Goodwin stated their intent would be to ask the homeowners what they would like in their park, such as benches and where they would like them located. Commissioner Wiens asked the applicant if the expense would be at the builders expense and Mr. Goodwin confirmed bland Homes would cover the expense of all park facilities. He stated they would canvas the area as people moved in determine what the desire would be. Mr. Goodwin stated he thought they were in agreement with staff on the logic of this particular approach. Mr. Goodwin stated he was surprised the park drawing was not in the packet. Chairman`young gave a brief personal perspective that the City had an interest in the park because these could be a problem in the creek. He asked the applicant what he would be doing in letting the Engineering Department know what the plans would be. Mr. Goodwin reassured his ability to do the project for Park follow by referencing a piece of property he had just completed called Bridlewood in Flower Mound. He stated he had designed all the abutment structures for the bridges in that area. He stated the bridge in Euless would be a continental bridge and felt Mr. Kruckerneyer knew what he of speaking of by being very high strength. He stated the abutments would be 40 feet long and 85-40 feet across the creek.. Concrete abutments would be 8 feet pride by the length of the structure and 7-8 feet deep and embedded into the ground, He stated that he would be submitting plans to the Engineering Department. Chairman 'young asked the applicant to get with the Engineering Department to discuss concerns with the lighting, the bridge construction and the indirect culdesacs. Mr. Goodwin stated the request would not be a problem and stated that from the beginning of this project the park was the center of what their design would be and not the least of concern. Gomrri ssioner Zahn asked the applicant why the staff did not have a picture of the park and why the plans that mi re submitted just show a vacant area as common area which could be anything, a forest with just trees, no reference of park, bridge or trail. Mr. Goodwin stated he thought the intent of a preliminary plat was when a final plat is fled it would be a mere copy of the preliminary plat once the improvements to the subdivision had been constructed. The plat document itself is intended to be a mechanism for the subdivision of property. Mr. Goodwin stated that a subsequent submittal to the preliminary plat was a copy of a park layout. Commissioner Zahn asked the applicant if the drawing for the park was binding. Mr. Goodwin stated he did not feel it was necessary for the approval of the preliminary plat and had brought the drawing forward to the meeting just as additional information for the piece of property. Cori i�ssioner Zahn stated he thought the plans for the sub-division had shown public improvements. Mr. Goodwin stated the plats had shown right-of-ways and the park was a private park and part of the Homeowners Association (HGA) of this PLANNING AND ZONING COIVMSSION MEE71NG d PAGE TECH AUGUST 5, 1997 subdivision and not to be a public parr and therefore not a public dedication item. Con-viissioner Zahn asked then why does the City have any right (Fire Department and the Polio Department)to have a concern as to what goes on the green area. He stated that the minutes of this meting should be tied to this plat so that there would be a means of recourse in case it doesn't happen as stated. Comssioner Zahn stated that the letter that was previously received did not contain anything that could be binding in the matter, Fred Phillips, with Ryland Hones, stated that he was happy to commit to specifics on the park and that not a single Certificate of Occupancy need be issued till the parr was completed, He informed the Commissioners that this puts him at risk and not the City of Euless. Commissioner Zahn again expressed the concerns by the Fire Marshall and Police Department with access to the park for safety measures. Mr. Phillips again stated that these issues had already been taken care of at a previous DRC meting and understood that they were accepted and he would do whatever was necessary to go forward with the project. Barbara. Chambers, Planning Coordinator, stated that she worked closely with the developers and jAos at the regular DRC meeting where this was on the agenda. Hovvever, the park plans that were provided for the DRC to view were not provided once this case was certified. The submitted that were returned for the packet to be distributed to the commissioners, only page 1 of 2 and page 2 of 2 of the prelim nary plat %ere returned, at which time the park drawings were not provided. She stated there was no opportunity for the Commissioners to view the park plan. Only the members of the DRC had viewed therm. Commissioner Eggers stated since January the applicants have come before the Planning and Zoning Corryriission asking permission to do seething and provide the paper work later on. It started with the drainage variance. He stated it had been a perpetual motion of trying to get something approved with follow up and catch up at the next meeting. Commissioner McMillon stated if the City Engineers concerns of access in case of an accident, and lighting for protection had been met, then it would be fine with him. Mr. Goodwin asked if the recommendations concerning the lighting situation in the park had changed sine the last tweeting. Kevin Mercer stated that the DRC views are basically split. The Polio Department wants it well lit, the flip side to the concern is that it encourages night activity which could be just as bad or just the opposite. He stated that the DRC's sole objection to the approval is the lack of assurance to adequate development so the City could provide a certain level of service in the private recreational space. Mr. Goodwin apologized to Mrs. Chambers for the bluelines missing from the submittal. PLANNING AND ZONING COIVIMISSI I MEETING - PAGE ESN AUGUST 5, 1997 Conyrissioner Shuler asked the applicant if they veld be cleaning the underbrush and what stage would that take place. Mr. Goodwin stated it would be cleared off and cleaned out in the first phase of the project. Con-imissioner Owens stated the utilities were not on the plans and indicated the applicant had not been told they were needed. He stated that he and Paul Kruckerneyer, City Engineer, and staff had disagreements for the Park Hollow subdivision. Commissioner Owens asked the applicant if the construction plans showed the electrical, which Mr. Goodwin stated Texas Utilities design their oven plans. Commissioner Covens stated he wanted to know what happened to the fencing that was along S. Pipeline Road from the original plans months ago and not on the current plans. Commissioner Omns stated the applicant had gone through DRC six times and he was not saying the problem was theirs that it could have been the staffs fault. Commissioner Owens commented to the applicant the Commissioners could deny it, table it and before the next meeting in order to rake corrections as to what the applicant had heard. Coma ssioner Cans stated he felt there was not anyone that would not want the lights along the trees in the parts. He commented to Mr. Goodwin to propose a plan for the lights and not involve the City staff in what they would want. He stated that he felt the development was great, it just gat off to a bad start which with access to 1\lhitener Road and Creekside Drive. He stated that the construction plans should show it cutting into Creekside, if not, it should. Commissioner C%Atens stated that he wouldn't be able to approve the plans because of the Tt.tll Electric plans not being on the drawings. He also stated concerns about servicing the area along Wth dumping all the people out on Creekside Drive, in which he was opposed. Commissioner Owens asked Mr. Phillips if he would be putting in the fence along S. Pipeline Road and Mr. Phillips informed the Corm-issioners there would be a fence and landscaping with flowers. Commissioner ins stated he was not happy with the Ryland project off of S. Pipeline Road and An-erican Boulevard regarding the fencing because it appeared to be jagged. Mr. Phillips reassured him the fencing for Park Hollow would be nice with irrigation, flowers and would have shown it on plans if it were required at this stage. Conssioner Ovens apologized for trying to bring to light the bare facts with not enough information and would like to see this item tabled until the next meeting. ConTnissioner Eggers conmvnted that the park schematic with the alignments of the lots did not match the preliminary plat where the trail does not tie in to Granite Court. Commissioner Zahn made the motion to table #P-97-20 until the next meeting with the instruction to come back with more details to the open space. The motion was seconded by Corrrnissioner Eggers. PLANNING AND ZONING COMPASSION MEETING - PAGE TWELVE AUGUST a, 1997 Conyrissioner Owens asked Paul Kruc kemeyer, City Engineer, if he was satisfied with the drainage plans for the bridge and Mr. Kruckenneyer stated he was satisfied with their con fete drainage design and construction plans for said drainage design. The vote was as follows: Ayes: Commissioners Mc Ilon, Zahn, Ovens, Shuler, Young, Eggers Nays: None The motion carried. IV. PUBLIC HEARING - ZONING CHANGE -#97-27-ZC - 1#ILLA WEST ADDITION Public input of the proposed request of Concord Summit, Ltd., for the zoning change from R-5 (Multi-Farr�ily Dwelling District) and C-2 (Con-i-nunity Business District) to PD (Planned Development) with SUP (Specific Use Permit) for apartments Kevin Mercer, Development Services Manager, gave a brief description of the property and stated the applicant had requested the Commissioners table this itern until the August 19, 1997, meeting. Chairman Young opened the Public Hearing. He stated there amore no proponents or opponents present. Commissioner Eggers made the motion to continue the Public Hearing at the nest Pianning & Zoning meeting at the applicants request. The motion arras seconded by Commissioner McMillon. The vote was as follows: Ayes: Convssioners McMillon, Eggers; Young, Shuler, Zahn, Cans Nays: None The motion carried. V. RECC MPIEENDATIGN OF ZONING CHANGE - ##97-272C - VILLA WEST ADDITION Consider recommendation c f the proms request of Concord Summit, Ltd., for the zoning change from R-5 (Multi-Family filling District) and Cr-2 (Community Business District) to PD (Planned Development) with SUP (Specific Use Permit) for apartments PLANNING AND ZONING COM1M1ISS10N MEETING - PAGE THIRTEEN AUGUST 5, 1997 Commissioner Zahn made the motion to table#97-27-ZC at the request of the applicant, The motion was seconded by Commissioner WMillon. The vote was as follows: Ayes: Corrrr�ssioners McMillon, Eggers, Young, Shuler, Zahn Nays: Covens The motion carried. V1. PUBUC HEARING - SPECIFIC USE PELT - #37-28-SUP a VILLA VEST ADDITION Public E°leadrig regarding the request of Concord Summit, Ltd,, requesting a Specific Use Permit for apartments out of the A.J. Huitt Survey; Abstract 684, located at; 1001 Villa Drive Kevin Mercer, Development Services Manager, introduced the rase and stated the applicant had requested to table this item until the Planning and Zoning meeting of August 19, 1997, Chaim-an Young opened the Public Hearing. He stated there were no proponents or opponents present. Commissioner Zahn made the motion to continue the Public baring at the next Planning & Zoning meeting at the applicant's request, The motion was seconded by Corr ssioner Shuler. The vote was as follows: Ayes: Commissioners IVlcMillon, Eggers, Young, Shuler, Zahn, Ovens Nays: None The motion carried. V'IL RECOMMENDATION OF W SPECIFIC USE PERMIT-#97-28-SUP-VILLA MST ADDITION Recommendation of the request of Concord Summit, Ltd., requesting a Specific Use Permit for apartments out of the A,J. Huitt Survey, Abstract 684, located at; 1001 Villa Give Conssioner Shuler made the motion to table 7-28-SCUP at the request of the applicant. The notion was seconded by Commissioner Eggers. PLANNING AND ZONING GGtVMSSiON MIEE`TI NG - PAGE FOURTEEN AUGUST 5, 1997 The vote was as follows: Byes: (tort-nissioners McMillon, Eggers, Young, Shuler, Zahn, ins Nays: done The motion carried. ADJOURNMENT: There being no further business, the meeting adjourned at 5:58 PM, � f f ;' i