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HomeMy WebLinkAbout1997-10-21 ACENDA PLAMIMNG AND ZONING(MMM M qty of Edess Gwil (1ralnhm - BUNIng '191 201 North Ector Drive 12 Euiess, Texas 76039 Ober 21, 1997 5:30 - -C'zmYnission ding (Downstairs Cofferre Rmn - Building "A") 70) - Gall to Order (Cowncil Chambers - Building T") P'[..ECIGE OF Al I DCLANCF,- CAm-gn&ioner Zidun MCICAIM - Coninissioner Bright kPMOV.AL OF IMNU M - Regular- awtinag of C)c tober 7, 1997 AGENDA ME: 1. P[MC;` lffi G - SPECW USE PF . !off #97 29-,%, JP - 1350 ELUNS IILN,D. SU1"1'E#11 Public 4pA regaa-ding the propcsod rW&A of Nk. Jonathan Russell, represerAing the First Baptist Church of FAcss, for approval of a Specific Use Perm t for a church located at 1350 )'est Eaaless M levard, Suite #11, generally &-scribed as Wilshire Village Sho icng Center Addition-, That A, 1350 W. Euless Blvd. #11 2. REC` A1N U ATMCam'-S-PEC W,1TSE P1Mffr#97-29L.,SL?-1350 AV. BLVD. SE TIE#11 Cbrnsider reconrr endation of the propcw.�d recast of Mr. Jonathan.Russell, representing the First Baist Church of Euless, for approval of a ;Spc.-cific Use Perrnit: for a church lcx ated at 1350 West Euless Boulevard, Smite #11, generally describe as Wilshire Village Riopping Center Addition, Tract A, 1350 NV. Euless Blvd. #11 3. PLUIC IIEA.R G- F NCY,VARIANCE- 7 554V- 1401 SIGH'DR,IIW Public in regardingn the prolog request of Tyyro ne Smith, for a variance to the fence requirements within Plarmed Devel rent#1110, for the property=located%ithinthe Bell Rwich Terrace° Addition, Block 11, Lot 5R, 1401 Signet Drive 4. NS;#DER APPRCAIAI.,-F CC VARIANCE-#917 -FV- 1.401 S[GNEr DPAT Consider O)e proposed request of Tyrone Smith, kv a variarre to the fence regdivnnents within. Planned Developrnent #1110, fern the property located within the Bell Ran In Terrace Addition, Block 11. Lot 5R, 1401 Signet Dive 5. PUBUC IWARM °' ZONM CAS F. #9741-Z,C. - R4 (SINGE bA-'vM Y DETACH DINHIIl`'~IG Dom # Westpark Nursing Cam.-r.Block A, U)t 1; Iarn:s M. Nlatson Survey, Abst. 1010, '1'ws 3D, 3D1 PLANN &WN LtiG CCll4MRON -2- CICOBFR 21, 19!Y7 6. WIIMAlM OF - Z IlCASE X741-7.0 - R-1 ONCLE FAMILY y r Westpark-N. i Certer, Block A. Lot lF.lances M Matson Survey,tlibst. 108D.. Teats 3D, 3131 7. PiJM-1C; MMiJ[lC - ZC1IQNG CMW #9742-ZC - R-1 (SrSU E FAMILY DEr.4,CT )DUELLING D1SMC1) 1aams M. Matson Survey, Abst. 1080, Tracts 2A, 2A3 8. WCOVD14NDAWN OF - ZMNIG CASE #9742- - 1t 1 (SINGLE FAMILY DFTA , D'4AU,1[%DISINCI) Jwws M. A4atson Smey, AIst. 1080, Tracts 2A, 2A3 9. PUBUC;1FA G- WNING CASE - X-W. - C-2 ((XMI rlY B SPO. S I1q's'1111(C`- Westpark Profmsional Cei-Are, Block 3, Uts 2, 3 1.0. W rVEN'DATM OF - Z NNCG CASE -1X-ZC - 2 (C OMILINTlY BLJSU'�BS DEMO) Westpwk Professional Ceram, Block 3, lAs 2, 3 11. PCB C G- Zf)NNI G € ASE#9744-ZC- S.-2 ((X)rv$ 1MN BUSMSS DISTRIC) 3.I. Case, Block 1, LA 1. 12. WDU IN ATIC CF - ZON'1NCx CASE #917 44-ZC - C-2 (CDM1..l M" WISINISS DEMO) .1.1. Ca', Block 1, Lot 1 13. PUBUC BEARM- 7ONN(� CAW 17-4--ZC- 'C-2 (CX MUNHY 1 USNESS D MC7) Wilshire Village Action, Block 3, Loug 4AR, -SA, 5A, 7A, 8A, 9A 14. RECD INI ATIC1 OF - ZQNP C C&- W #97-45-2: - C-2 ( €IMN-I r n' BUST'S DEMO) Wilshire Village Addition, Block 3, Lots 4AR, 5A, 6A, 7A, 8A, 9A 15, PUTBUC PEARL - ZJWWx CASE #97 Z.0 - R3 �71�..'I.;;1'J[FANILY MUM, G MMCF, 12 tMMACM), Wilshire Village Action, Block 3, Lots 1A, '?A, 3A 16. R C 7 rW ,'ylf��AT6CN IOF - ZGI TG GASF #97-46-ZC" - R3 (N MP'.&MILY Wdsl*e Village Addition, Block 3, Dots IA, 2A, 3A PLANNENG&ZONING bM%" 3w OMER 21., 1997 17. PUNK, IWARING - NNING CASE #9747 7,C- - R-1 (SIN. 'G1 F LY DE AQED D 7 M` ' 4l DISM ✓ Bell Ranch Terme Mditiono Block 3,IDL-, 1-S,9R; Bell Rai-ch Terrace,`Vldition,Block- 4, Lots 1R1, 5-13, Bell Pu-mh Terrace Addition, Block 5, Lis 1-26;Bell Ranch'Lerr Addition, Block 6, Lots 1-26, Bell Ranch Terri Addition, Block 7, LAS 6, 7, 12, 13, 15-24; BL-11 Rauch Term Addition, Block. 12, L(As 1, 8-10, Bell Ranch Terrace Addition, Block 13, Lots 1-18; Bell Ranch Terraces Addition, Block 14, Lots 1 45; Bell Ranch Terrace Addition,Block 15, IDs S, 9;J.S. Arxierson Subdivision, Block 13, Lots 24R1, 24R2, 24R_1, 2484, 24R5 18. RUCK AW)N` OF - ZCNF+4G CASE 49747 - R-1 ( ICLE-MMILY DErA D'"H1JNC-D Bell Rawh Terrace Addition,Block 3, Lots 1-8,9R;Bell Ranch Terrace Addition,Block 4, Lis 1R.1, 5-13, Bell Ranch Ten-ace Addition, Block 5, Lis 1-26; Bell Ranch.Terrace Addition, Block 6, Lots 1-26, .Bell Ranch Terrace Addition, Block 7, Loots 6, 7, 12, 13, 18-24; Bell Ranch Terri Addition, Block 12, 1, 8-10, Bell Ramh Terri Addition, Block 13, Uts 1--18; Bell Ranch Terrace Addition, Block 14, Lots 1-15; Bell Ranch Terrace�Jy��A�dditijo(�an, Block 15, Loom 8, 9;J.S. Anderson Subdivision, Block 13, lots L4R1, 24R2, 2 R3, 'R4, 2415 19. PUBUC EFARM a ZONING CASE#97 W TX-10 DSIWr Fbuntain Cei :'r, last 1;Allen M, Dc)wirn Serve,-, Abst. 415, Tracts 4A, 4.A2,4A.1, 3S, 3B1, 3F, 3C, 1A, 1A1, 2F, 2FL 2C, Pil €n Park-, Black 1, Lots 1, 1A, Wilshire Village Shopping Cerrter, Leta A., B, Q Allen K Dow rri Addition, Lot 1, OakNwod Ten-"Nk)rdi, Block 21, Lots B1, B2, B3; Oakvvwd Terrace Nor. h,Block 16, Lots A1, AI.A, ALM, A1B; Bauer Addition, Lot 2; T. Davis Subdivision, Lots 2A, 2B, 3; Janes M. Matson ;fey, Ate. 1080, Tract 1C2 20. RECUNS DAHON OF- Z.0NINC'-CAE 748-10- 1X-10 DWIMCr Fountain Center, I.ot 1; Allen M. D3'FJ wrt Survey, Abst. 415, Tracts 4A,4A2, 4A1, 3S, 3F1, 31°, 3Q 1A, 1A1, 2F, 2FI, 2C- Piliumn Park, Bloch. 1, Lot 1, 1A, Wilshire Village Slx9 rng Center, Uxs A, B, C; Allen M. Downen Addition, U)t 1, 0abwod Terrace Tlixth. Block 21, Lets B1, B', B3; Odkwoodferrace lwlortl , Block 1.6, Lets Al, A1A, ALAI,A1B; Bauer Addition, Lot 2; T. Davis St-diAsion, Lxs 2A, 2B, 3; Jams M won Survey, Atyst. 1080, 'Tract 1C:2 21. PLJM.JC I-F Rr,4G - ZONING CASE #9749-ZC - R-3 (WIM-FAAML Y MVEIMG 12 LMM ACRE Allen M. dorm Survev, Abst. 415, Tracts 3Q, 3K, 3J, 3H1, 3H 22. MWNWENIDATIM OF - ZM NG CASE #917m49 r, - R3 UMMG 12 UNrMACRE Allen M. Dc)w cn Survey, Abs-t. 415, 'tracts 3Q, 3K, 3J, 3111, 3H PIANN11%&ZONNG CONWLSSM 4- OCrOBER21, 1997 ?y PLUX WARING - MG CASE #x1`54-7-C.. - -I. (SNUE FAMILY DEr CI;HD DVVFUlN C DEIRBM Allen M. Oownen Survey, Aixt. 415, Tract: 2C 240 FHC U7 AIICIN OF a TONING CAi 0)'7-qO-ZC - I-1 (MULTUAMILY D"ELIPC 12 LNrM, ACNE .Allen M. Wwrrn Survey, Abst. 415, Tra:cl 2C" 25, Ptm iC BA NG- 7oNING CAsE#97-.11.-7.;c;- Tx Ill Dvs-mrr Airport Busimss Park, Block 2, IAs 161 1, 1682; Jeremiah V. Brooks Survey, Abst, 95, Tract IO; Clark N&Kelvey Addition, Block 1, Lots 1, 2, 3 Cresthaven Addition, Block 1, Lots A, Al, A2; Cresthaven AAdclition, Blak.2, I..ot A; Cresthaven.Addition, Block 3, Lot A, Allen Nt I mwn.Survey, Abst. 415, Tracts 3A, 3AI, 3A3, 3A4,3A7, 4B2, 4BIBI, 4B2A, 2; EW ms Industrial Dark, Block 1, Lot Al; mess Industrial Park, Block 2, Uts A4, C; Euless Industrial Park, Block 3, Ut. 1; Kwik Charge Addition, Block 1, Lot 1, Jam M. Nlawn Surwy, Abst. 1080, Tract IC, SH 10 Rishess Center, Block A, Lots 1, 2; Softball World. Block A, Lot I 26, REC NA]UNDA'N OU- ZkgqG CASE 51-ZC a 'TX-10 UISMC'T Airport Busiress Park, Block 2, U-ts 16RI, 1682, Ieretniah V. Brooks Survey, Abst. 95, Tract ID, C lark:NLKelvey Addition, Block 1, Lots 1, 27, 3; C'restlmven Addition, Block I., 1A)ts A, Al, A2; Cresthaven Addition, Block.2, Lot .A, Cresthaven Addiition, Block 3, Lot A.; Allen M, DoNw)err fey, Abst. 415, Tracts 3A, 3A1, 3A3, M4, 3A7, 4132, 4B1BI, 4 CA, 2; Fines Industrial 'ark, Block 1, Lot Al; Euless Irdustrial Park, BIcr-k 2, Lots A4, Q Euless Irdistrial bark, Block 3, I.A 1; Kivik Chance Addition, Block 1, Lot 1; farm M. Nlatson Spey, Abst. 1480, 'Tract IQ SH 10 Busimss Certer, Bloch A, Lots 1, 2; Softball World, .Block A, L.ot I 27. PUBLIC:JHFARNG- ZON NG CAW##97 52- C - G2 (C ONNUNTlY III RNE S DNSTECI) C:restinven Addition, Nock 1, Lots 1-11, 13•-24; Cresthaven Ar iitiorL Block 2, L s 1-13, 15-27; Crestbaven Addition, Block 3, Lots I.m14; Allen M. I)m..ii Survey, Abst. 415, Tracts 3A, 4B, 3A1, 3A2, 3A.3, 3.A4, 3A6, 3A7, 483, 3A2A9 3A2AI, 3A4B, Greenlands Sc we Aldition, Rock,A, Lot 1; SI-I 10 Business Center Survey, Block A, Lit 2; Softball World, Block A, Lot 1. 28. Ao6./f-..OMLINDA ..T 0-J7t' -R.li+f1JG CASE #917-fifes-ZC m C-2 (C4/I.91RMMT Ctesdiaven Addition, Block 1, Lots 1-11, 13-24; Cresthaven Addition, Block 2, Lots 1-13, 15-27; C:resthaven A itio€i, Blc. k 3, Lots I-14; Allen M. Downen Survey, Abst, 415, Trots 3A, 4B, 3AI, 3A2, 3A3, 3A4, 3A6, :)A7, 4B3, 3A2A, 3A2A1, 3A4B, GreerAands Square Ackliticm, Block A, Lit 1; SH 10 Business Center Survey, Block A, Lot 2; Softball World, Block A, Lot I PLANTIANG&ZONT14G(Y .1 MSSION 5R OCR)B t 21, 199?` .ir.!. J6.L YJ,.IC IRA MG - i d 'E'auq C.—1W. Tf>1- ZC 1-1 (LIGHT ]NDUSIMAL DISIR" Airport Busirk--° ,,,s Park, Block 2, 1A 14R 300 MX XII I' -ZQN G CAW.W7-53-7-C,-11 UQU LNDUS AI; DISWC�'I) Airport. Business Park, Block 2, Lot 14R 31. PUBUC 1 EHARIN G — ZCNM CASE # 7--q_ - 14 (II( A.IT R:.i S1 A'MA AL. DEMM) ELdes Wwriial Park, Block 1, Lit 1 32. RHOONV iRVI(N CU- -Ii G GkSE 7:S4~ ;-1-1 (L1(;H C]NDU RIAL Emless lydl.Istrial Park, Block 1s Lot 1 33. IIII"R` Pt 91M'IIRSS 171 DAY OF DC"IUMIR, 1997. AT 4,00 P.N1; d-vita P€s ft ice If y to Flan to attcw- �.is Public ttm ling=I ym have a dis ibiiity chat"uir�,pecial array guar&.s at the nyxti�.Fuse wttw nur n#�icc at(817')&M-1619. Peaux'si k awmin da6om vAll be m&- t0 a"Sist V'mr T)mh;. PLANNING &ZONING COIVMSSION OCTOBER 21, 1997 NNUTES The Pre-Corri7ission meeting of the Planning and Zoning Commission was called to order by Chairman Ronald Young at 5:30 p.rL, in the wilding"A"Conference Room. Six merrbers of the Planning and Zoning Conwission were in attendance. PLANNING AND ZONING CONMSSION CONSIDERATION OF SCHEDULED ITEMS F COUNCIL CHAhWRS. Chaim-an Ronald Young called the Planning and Zoning Comrrission meeting to order at 7:00 p.m.,for the consideration of scheduled item. He stated there were six members of the Planning and Zoning Commission present. Commissioner Robert McMillon was absent. ME RS &STAFF PRESENT MENIBERS ABSENT Chairman Ronald Young Robert McMillon Billy Owens George Zahn Joy Shuler Nancy Bright Keith Eggers Bo Bass. Director of Planning & Development David Wtcher, Director of Eco. Dev. and Marketing Kevin Mercer, Development Services Manager Barbara Chambers, Planning Coordinator Donna Brawn, Office Technician Carol Griffith, City Planner Michael Logan, Fire Marshal Jim Moy, Senior Building Inspector VISITORS PRESENT Shelly & Mike Borg Evelyn Bw ers Nancy Swath Clara Dotson Christine Longins Marcelino Pabon Ronald Acuno Khalid Aucheiia Tyrone Smith Nancy Bradley Mario Perel Joe Vincent Delia Ferris Annelle Apple Arlon O Campo Norm Whitman Jonathan & Carolina Russell John Mize Sandra Leighton Bobby & Reba Blade Joe & Kamil Bassila Gloria Albanesi Ted Brooks ties Arnold David Cook Nom-an & Patty Cook Paul Flunsberger Lonnie & Virginia Green Barbara Polk Joel Mesrhana Tommy & Kala McNeill Pat Bina Lynn Mike Linck PLANNING &ZING COWMSSION - PAGE 2 OCTOBER 21, 1997 Karen Ugochukwu James Smith (Live Oak) Felipe DeLa Mora Amy Sade hian James Smith (Highland) L.D. Gann Dianne Sebastian C. Oijesky Jr. James Jennings Tim Rushan Andy Chesney WL. Cowley PLEDGE OF ALLEG 4CE AND INVOCATION: The Fledge of Allegiance was given by Commissioner Zahn and the Invocation was given by Commissioner Bright. APPROVAL OF NNUI'ES Commissioner Shuler made the motion to approve the minutes of the October 7, 1997, Planning and Zoning meeting, The motion was seconded by Commissioner Eggers. The vote was as follows: Ayes: Commissioners Shuler, Young, Eggers; Zahn, Bright, Covens Nays: None Absent: Comrnissioner McMillon The motion carried, REGULAR AGENDA Chairman Ronald Young gave a brief summary of cases. ITEM 1. PUBIJC HEARING - SPECIFIC USE PERNT #97-29-SUP - 1350 W. EULESS BLVD. SUITE #11 Public input regarding the proposed request of Mr. Jonathan Russell, representing the First Baptist Church of Euless, for approval of a Specific Use Permit for a church located at 1350 Wit Euless Boulevard, Suite#11, generally described as Wilshire Village Shopping Center Addition, Tract A, 1350 W Euless Blvd. #11 Bo Bass, Director of Planning and Development, gave a brief description of the pr He stated Mr. Jonathan Russell was representing the First Baptist Church of Euless for approval of a chum located at 1350 W Euless Blvd. Suite #11. He stated the DRC (Development Review Committee) reviewed the request and recommended approval based on meeting all 13 points of the SUP criteria . Chairman Young opened the Public Dearing and gave the rules governing the Public Hearings for the next sixteen cases(cases#97-29-SUP, 7-55-FV,#97-41 ZC thru#97- 54-ZC). PLANNING &ZONING COMWSSION W PAGE 3 OCTOBER 21, 1997 Mr. Jonathan Russell, 713 La Sonbra, Grand Prairie, Texas, stated he was a member of the First Baptist Church of Euless and had been involved for four years in the Hispanic church which was currently ruing inside the First Baptist Church of Euless. He stated the church's desire was to share the Gospel to people in their native language. He stated there was only one other Hispanic church in the c omrmnity. He stated their desire was to meet the needs of the Hispanic community. Mr. Russell stated he felt the Specific Use Permit for the church was a necessity. Mr. Perez, 5219 Bradford Court, stated he was not in favor of the church because he was interested in opening a restaurant in the shopping center and selling alcohol. Mr. Russell stated he had taped with the Texas Alcohol and Beverage Commission and they stated anyone currently in operation would be able to continue the sale of alcohol. Chairman Young dosed the Public Hearing. ITEM 2. RECOMMENDATION OF - SPECIFIC USE PERMT #97W UP - 1350 VV EULESS BLVD. SUITE #11 Consider recommendation of the proposed request of Mr. Jonathan Russell, representing the First Baptist Church of Euless, for approval of a Specific Use Permit for a church located at 1350 West Euless Boulevard, Suite#11, generally described as Wlshire Village Shopping Center Addition; Tract A, 1350 W. Euless Blvd. #11 Chairman Young asked 1 . Russell how long they anticipate staying on location. l' . Russell stated they intend to stay 21/2 years because of a 3 year contract signed in April, 1997. He stated they had been paying rent while not being able to occupy the building. Commissioner Zahn asked if the convenience store selling off premise beer was a problem with the applicant. Mr. Russell stated there was no problem because they knew the church had to have an SUP to go in the location requested. Commissioner Eggers stated the restaurant was not an established business and old it be a problem with the applicant. Mr. Russell stated the sale of alcohol would not be a problem. Commissioner Bright asked the applicant what he was going to use for dun-ester screening. Mr. Russell stated the dumpster was already screened and the dumpster she was referring to was not theirs. She asked if Nr. Russell was opposed to the restaurant going in with the sale of alcohol. He stated he would not oppose the request. Commissioner Shuler stated concerns with the outside lighting which appeared to be one light at a corner. Mr, Russell stated he had not noticed the problem because he had not PLANNING &ZCNNC COtVMSSION - PACE 4 OCTOBER 21, 1997 been there at night and would certainly check into the situation and do what was necessary to bring it up to code. Commissioner ins stated he was not opposed to the request but being an appointed member of the Planning and.honing Commission, he would speak for what would be best for the whole City and not his personal likes or dislikes. He stated a Pizza Inn had been changed into a church for Hispanic people. Fie stated he felt the location was a utter use for a shopping center. Commissioner Covens stated that Wlshire pillage Shopping Center was, at one time, the number one shopping center in the City of Euless and slowly deteriorating. He stated, hopefully, one day it would be a premier shopping center. lie stated he felt the building was not in shape to withstand holding the number of people proposed for the use. He stated there had been a fire in the kitchen area and wanted to know ghat the plans would be for that area of the building and who was paying the rent. I'11Ir. Russell stated the budget was $3,000,00. He stated at least $1,000.00 rust come from the congregation and $2,000.00 from First Baptist Church Euless/North Richland Hills. Commissioner wens stated he wanted to know what they intended to do aesthetically and structurally to the building such as sprinkler system, and for the children on location in terms of safety. Mr. Russell stated Za ala(corporation, being the owner, would remodel the building. Mr. Russell stated the contract was wally better than the Restoration Church. Mr. Russell shed the owner had already agreed to remodel the roof, replacing the air conditioners, cleaning the place up, correct wiring problems, lighting and the only thing they were to take care of was to paint. Fie stated the building had been abandoned for eight years and the owner had stated he could not restore the building for a restaurant because of a grease trap vrould need to be installed. He stated the owner felt confident that the First Baptist Church of Euless would be more dependable than a restaurant that would be depending on sales. Corrryissioner Owens stated he was trying to protect Mr. Russell and the church as well as the owner. ConTrissioner Owens asked the applicant if he would consider painting, plumbing, etc., more than the rrinimum standards for the sake of the City of Euless. He stated he would like to see a schedule of what the church would do for remodel prior to the Certificate of Occupancy being issued. Mr. Russell started that would be no problem. CaTrissioner Owens stated he would like to snake a motion. with the item they would correct up to code for a commercial retail establishment. Mr. Russell stated he would not want the owner to replace a grease trap when it was not necessary for the church but he was Wiling to work with the City of Euless to do what was necessary, Comrriissioner Eggers made the motion to approve case#97 SUP with the following conditions 1.) the Specific Use Permit to expire in 1999; and, 2.) no opposition to alcoholic sales within the 300 feet perimeter from the church. Con-rTissioner ins requested a amendment to the motion that the applicant supply to the City of Euless, a detail list of improverrrents being made to the building prior to the Certificate of Occupancy being issued. Commissioner Eggers asked Commissioner Owens to explain more in detail as to what he meant. Commissioner Ors stated the contract was between the PLANNING &ZONING COIVMSSION m PAGE 5 OCTOBER 21, 1997 tenant and the owner but he would like to see the tenant contract with the City to in-prove the appearance such as planters, lights, fire hazards, etc. Conyrissioner Eggers asked if that would happen naturally by staff prior to approving the Certificate of Occupancy. Kevin Wrcer, Development Services Manager, state the code related issues would be approved before the Certificate of Occupancy would be issued, but not the planters and not the painting unless its breach weather protection or the windows knocked out, etc. ConTrissioner Owens asked Michael Logan, Fire Marshal, if the building was safe to occupy. Mr. Logan started the building would be required to meet the fire code before an occupancy perait would be issue. Cornrnissioner Eggers stated he understood what Commissioner Owens was trying to express but he felt it was not something the Commission should have to deal with since it was an enforcement of the code. Corriiissioner Zahn conr)ented the church would bring the outside and inside up to a comfortable attraction in the conymnity. He stated the City would require the church to meet the rninimum standards and the members would probably tape it from there to be an attraction to the c on-n unity. Commissioner Owens withdrew his amendment and seconded the motion. The vote was as follows: Ayes: Corrnissioners Shuler, Young, Eggers, Zahn, Bright, Owens Nays: None Absent: Conyrissioner McMillon The motion carried. ITEM 3, PUBLIC HEARING m FENCE VAMANCE - #97R55 t' 1401 SIGNET aR1lPE Public input regarding the proposed request of Tyrone Smith, for a variance to the fence requirements within Planned Development #1110, for the property located within the Bell Ranch Terrace Addition, Block 11, Lot 5R, 1401 Sign live Bo Bass, Director of Planning and Development, gave a brief description of the property and overview of the applicants request. Mr Bass stated the ®IBC had reviewed the request and recommended approval. He stated due to an error can the permitting the fence was allowed to be constructed in violation of the planned development. Flee stated the fence met all other City odes for approval. Chairman Young opened the Public Hearing. .. .f� ��� � �" ..�.7.# !:i t� .:r" - '* •!:+r:" Ilk:" ". �...�Fr' f �.:lllf ��• :! »: .,.::: �:�.! ; ,:.. "!".! s !"!"� i� lam.. ..,,« ...: ► �! ! ! ``�i► # ' ` "` #:► — ,. t f ' # .' .. ;IR . . ,is . '-# iR > � ` _ #,` • F�W: 1YR � !'•ii �.: l..."-1I / I.!:l1M: 1YR �/!'� / �1I �� :�� PLANING &ZONING COIVMSSION m PAGE 7 OCTOBER 21, 1997 Chairman Young dosed the Public Hearing, ITEM 4, CONSIDER AL-FENCE VARIANCE-#97a -1401 SIGNET DRIVE Consider the proposed request of Tyrone with, for a variance to the fence requirements within Planned Development#1110, for the property Dated within the Bell Ranch Terrace Addition, Flock 11, Lot 5P, 1401 Signet Drive Com-nissioner Zahn stated the builder subcontracted the fence. Mr. Brooks stated the yard for that particular corner would not be able to have a privacy fence by the way the house was located on the lot. Cor ssioner Zahn expressed concerns with the builder not advising the homeowner that he would have a problem Conyrissioner Zahn stated he could not be in favor of the variance because there were three criteria's that were not met in order to approve the variance: 1)Granting the variance will not adversely affect the interest of the City of Euless and; 2) Granting the variance will not adversely affect the neighboring property owners and; 3) There is, in the beards opinion, a hardship on the land, and that hardship is not a personal or self-created hardship. Commissioner Eggers asked Mr. Brooks ray he would build a house of that shape knowing the restriction of a side fence with a rear garage. Mr. Brooks stated they did not have a set rule at that time. Commissioner Bright asked Mr, Smith if they denied the request would that mean he would not have a yard to fence. Mr. Smith stated he didn' t know. Corr ssioner Eggers made the motion to deny the request 7-55-FV based on� three items: 1) Granting the variance will not adversely affect the interest of the City of Euless and; 2) Granting the variance will not adversely affect the neighboring property owners and; 3) There is, in the boards opinion, a hardship on the land, and that hardship is not a personal or self-created hardship, Per lion 365 of the Unified Developnient Code. Commissioner ins seconded the motion, Chairman Young stated there would be options available for the homer and to discuss the options for a resolution with staff. The vote was as follows: Ayes: Corrimissioners Shuler, Young, Eggers, Zahn, Bright, C ens Nays: None Absent: C;omrnissioner McMillon The action carried. PLANNING &ZONING CONII1P SSION m PAGE 8 OCTOBER 21, 1997 ITEM 5e PUBUC HEAPJNG - ZONING CASE #97-41 ZC - 1 (SINGLE FAMLY DETACHED DNEWNG DISTRICT) estpark Nursing Center, Black A, Lot 1; James M. Matson Survey, Abst. 1080, Tracts 3D, 3D1 Bo Bass, Director of planning and Development, gave a brief description of the prop to be rezoned. He stated the property would be V*stpark Nursing Center, Block A, Lot 1; Jam M. Batson Survey, Abst. 1080, Tracts 3D, 3D1. He scatted the current zoning was R.-4, R-5, and C-1 into R-1 (Single Family Detached Dwelling District). He stated the City of Euless was requesting the change of zoning and DRC recommended approval. Chairman Young stated the remaining cases would be the City of Euless as the applicant. Chairman 'young opened the public Hearing and asked for proponents/opponents. Diane Sabastian asked staff for clarification of what was being rezoned. Mr. Bass gave a brief overview of the pr There were several citizens inquiring abort the definition of Rat, Mr. Bass explained the definition of R-4 being rr�lti-family with 15 units per acre, R-5 k ing n -family with 24 units per acre, Cm1 being light commercial being drive-in restaurants, small strip centers, 7-Elevens, etc. and R-•1 being single family detached dwelling hams with a rrinirn.m lot size of 5,000 square feet. Chairman 'young closed the Public Hearing. ITEM 6. REOMIMENDATION OF - ZONNG CASE #97-412C s R-1 (SINGLE FAMILY DETACHED DVVEWNG DISTRICT) Westpark horsing Center, Block A, Lot 1; James M. Matson Survey, Abst, 1080, Tracts 3D, 3D1 Commissioner ins node the motion to approve #97-41-ZC as presented. Corrssioner Bright seconded the rnoticn. The vote was as follows: Ayes: Commissioners Shuler, 'young, Eggers, Zahn, Bright, Owens Nays: None Absent: Commissioner McMllon The motion carried. PLANNING &ZONING CO SSIGN m PAGE 9 OCTOBER 21 p 1997 ITEM 7< PUBUC HEARING W ZONING CASE #97-42 ZC w R-1 (SINGILE FAMILY DETACHED DVYEWNG DISTRICT) Jam M. Matson Survey, Abst. 1080, Treks 2A, 2A3 Bo Bass, Director of Planning and Development, gave a brie description of the property to be rezoned. Fie stated the property was the James M. Nlatson Survey, Abst. 1080, Tracts 2A, 2A3. Fie stated the property was currently zoned R-5 and R-2 and being considered for R-1 district. Fie stated the City of Euless was requesting the change of zoning and reoorended approval. Chairman Young opened the Public Hearing and asked for Proponents/opponents. There was discussion from the citizens voicing concerns with the drainage problem that may arise if development should take place on the vacant land and large creek. The citizens asked if the City would be correcting the problem if it should arise. Chairman Yc urKj closed the Public Hearing. ITEM 8. RECOMMENDAMON GP - ZONING CASE #97-4222 M R-°I (SINGLE FAMILY DETACHED DVVEWNG DISTRICT) James M. Nlatson Survey, Abst. 'ICS, Tracts 2A, 2A3 Corr ssioner Owens stated the meting was not to approve construction and the City would subrnit to a contractor the requirements if construction should begin. Cornrrissioner Zahn made the motion to approve case #97-42ZC as printed. Conri,nissioner Eggers seconded the motion. The vote was as follows: Ayes: Commissioners Shuler, Young, Eggers, Zahn, Bright, Owens Days: None Absent: Cornnissioner Mc Millon The motion carried. ITEM 9, 1PUBUC HEARING w ZONING CASE #97-43-ZC M 2 (COMMUNITY BUSINESS DISTRICT) Westpark Professional Centre, Block 3, Lots 2, 3 PLANNING &ZONING G SSIC +I � PAGE '1A OCTOBER 2'1, 1997 Bo Bass, Director of Planning and Development, gave a brief desaiption of the property to be rezoned, He Mated the property was the Westpark Professional Centre, Block 3, Lots 2, 3. He stated the property was currently zoned R-3 (12 units per acre) and being considered for C-2 (Corrimunity Business District) zoning. He stated the City of Euless was requesting the change of zoning and DRD recommended approval. Chairman Young opened the Public Hearing and asked for proponentslopponents. Ruby Dodson, 20 Kynette Drive, was in favor of the,coning change. She stated she requested several tunes for the City to mow the property behind her. She stated she had problems with ids and rodents. She stag she hoped the zoning change would invite a developer. She asked the CorTnissioner s Mat the change would do to her taxes. Nls. Dodson expressed concerns of drainage problems and sewage problems. The Commissioners gage her information as to who she needed to speak with in the City to correct some of the problems. Mrs. Dodson; 1802 Mary Drive, stated they had the same problem with suer drainage. She stated they replaced the sewer lime and had no other problem. She stated concerns with the increase of taxes. Chairman Young dosed the Public Hearing. ITEM 910, RECOMIVENDATION OF-ZONING CASE#97 ZC-C-2(C CITY BUSINESS CASTRI dstpark Professional Centre, Block 3, Lots 2, 3 Comrnissioner Shuler made the notion to approve case 7• 2C as presented. Commissioner Zahn seconded the motion. The vote was as follonas: Ayes: ComTissioners Shuler, Young, Eggers, Zahn, Bright, OAens Days: None Absent: Comrnissioner McMillon The motion carried. ITEM 110 PUBUC HEARING - ZONING CASE #974142C - C-2 (CMWUNITY BUSINESS CASTRI J.1. Cause, Block 1, Lot 1 PLANNING &ZONING C0 SSION w PAGE '11 OCTOBER 21, 1997 Bo Bass, Drector of Planning and Development, gave a brief description of the property to be rezoned. Fie stated the property was the J.1. Case, Block 1, Lot 1. He stated the property was currently zoned PD #621 (Planned Development for Light Industrial with outdoor display of heavy equipment) and was being recorr-ended for C-2 Community Business District. He stated the City of Euless was requesting the change of zoning and DPC reconymnded approval. ChainTan Young opened the Public Dearing and asked for proponents/opponents. There being no public input Chaim-an Young closed the Public Hearing. ITEM '12. RECOWJENDA11ON OF-ZONING CASE#97442C w CW2(COMPAMITY BUSINESS DiSTFUCT) J.1. Case, Block 1, Lot 1 Comnissioner Covens made the motion to approve case #97-44-ZC as prated. Commissioner Eggers seconded the motion. The vote was as follows: Ayes: Commissioners Shuler, Young, Eggers, Zahn, Bright, Owens Mays: None Absent: Commissioner Mc Mllon The motion carried. ITEM 13. PUBLJC HEARING w ZONING CASE #97-462C - C-2 (COMWIUNITY BUSINESS DiSTF:dCT) \AAlshire Village Addition, Block 3, Lots 4AR, 5A, 6A, 7A, 8A, 9A Bo Bass, Director of Planning and DevelopTient, gave a brief description of the property to be rezoned. lie stated the property s the Wilshire Village addition, Block 3, Lets 4AP, 6A, 6A, 7A, 6A., 9A. He stated the property was currently zoned R-4 (t lti-Family 16 units per acre) and was being recom-vended for Cwt Community Business District. He stated the surrounding area would be Grubbs Addition and Plant Shed across Wilshire. Fie stated the City of Euless vms requesting the change of zoning and DISC recommnded approval, Chairman Young opened the Public Hearing and asked for proponents/opponents, David Coop, 212 Wilshire Drive, stated his parents owned property south of the proposed PLANNING &ZONING COWASSION - PAGE 12 OCTOBER 21, 1997 R-4 zoning change. Fie voiced concerns the change would have on their property. He stated the buffer zone would not be provided from the C-2 zoning change. He suggested C:-1 would be a better choice. Della Ferris, 609 Corrynerce Drive, stated residential would be her choice for rezoning. Julia Cook, 6012 Canyon Ridge Drive, stated concerns with the neighborhood safety with a C-2 zoning district near the residential area. She suggested changing lots 9A, 8A., 7A to the C-2 zoning district in order to match the surrounding area. She suggested 6A, 5A, 4AR be changed into a buffer zone. Diane Sabastian, 411 Nita Lane, stated she was concerned about the elementary school without cross walks along V\Alshire Drive. She stated she was against the C-2 zoning due to the use being hazardous for the children walking to school without cross walks. Barbara. Polk; Barbara Polk Realtors, stated there was something going on besides rezoning. She stated she was against changing R-4 to C-2 causing a negative impact to the homeowners. She expressed personal feelings that the City had an underhanded plan for the property. Commissioner Owens stated there was no hidden agenda if that was what she was insinuating. W. Polk stated to leave the property as is and not change the zoning. Several citizens expressed their concerns not to rezone as C-2 due to the children in the area walking and riding bicycles to Wilshire Elementary School. The safety was mentioned due to the violence in the area near Wishire Village Shopping Center with vacant suites where gangs hang out. They stated they would consider the top half going C--2 but not any further than lot 7A. Julia Cook stated she had researched the property owners and found that Mr. A.S. Patel owned a couple of lots and she felt that was the reason for the rezoning agenda. Mr. Kevin Mercer stated he had building plans for the Lot 10A for an office building but was, by no means, a hidden agenda to buy out the property along Wilshire Blvd. Chairman Young dosed the Public Hearing. ITEM 14, RECOMNENDA11ON OF-ZONING CASE#9745.ZC-C-2(COMMUNTY BUSINESS DISTRICT) Wishire Village Addition, Block 3, Lots 4AR, 5A, 6A, 7A, 8A, 9A Cornrnissioner Cans stated he would like to table Zoning Case#97-45-ZC. Chairman Young stated he would like to modify the recommendation by taking the top three lots 9A, PLANNING &ZONING CESSION - PAGE 13 OCTOBER 21, 1997 6A, 7A and recommended C-2 zoning which was more closely in line with the C-2 on either side of the property and leaving the zoning on the bottom three lots. Comrrissioner Zahn stated he would recommend the top three lots go C-2. Fie stated the property across the street would be the buffer to the residential area and C-1 on the bottom half for Lots 6A, 5A, fit. Corissioner Eggers stated he had no objections to leaving the zoning as it is currently. Fie stated he would have no objections to changing the top half to C-2 and the bottom half to CA Fie stated he understood there needed to be a buffer between the C-2 and the C-1 and that would be what the duplexes provided, He stated he would probably vote for the citizens choice. Corssioner Bright stated she could go with the top half being C-2 and was not sure about the bottom. Cornnrissioner Shuler stated she would go with the top half being C-2 and the bottom could sense as a buffer, Dane Sabastian asked Commissioner Zahn if the fourplex owners should sell their property would the new owners have to comply with the new zoning. Commissioner issioner Zahn stated the new owners would just continue the business until structural damage of 51 percent or more took place or the use changed. A citizen from the audience stated there was something shady going on and he was opposed to any type of change because of all the discussion of Mr. Patel owning property, If he purchased the lots he would have to come before the Commissioners for approval to rezone or start construction. Commissioner wens stated he resented someone suggesting something shady was going on in the City of Euless. He stated he would like to table the request due to the conflict with people thinking there was a hidden agenda. He stated he would vote against the request because of all the differences of opinion from the citizens. Commissioner Shuler seconded the motion. Commissioner Zahn stated he was not in agreement with the table. He stated W. Polk suggested a hidden agenda and hoped that the audience would not believe there would be a hidden agenda. He stated he resented the idea there was a hidden agenda with all the time and effort the Conrrissioners had spent in Public Hearings and public forums for the Comprehensive Land Use Plan. Commissioner Eggers stated to table would require more public input and bring those from the school and trying to dig up dirt they are alleging was out there, He stated he was insulted by the accusations made from the stand. He stated he would probably vote PLANNING &ZONING CUIMSSION PAGE 14 OCTOBER 21, 1997 for denial or if the Commissioners wanted to move to table the item he would vote for that as well. Commissioner Bright stated her resentment to the suggested hidden agenda but she would vote to table if that was what the other CorrvNssioners chose to do. Commissioner Shuler asked Ccxnrissioner Zahn what he would recommend. Commissioner Zahn stated he did not feed tabling was the solution. He stated he would suggest a C-2 which would provide some continuity along Grubbs Addition and the Plant Shed and a R-2 or R-3 to decrease the density in order to be more compatible as a buffer between the neighborhoods. The vote was three ayes and three nays. The motion died. Con-Nssioner Eggers made the motion, in lieu of the dock, to reconymnd Lots 9A, 6A 7A(Parcel Index-Lots 1, 2, 3)be changed to C-2 (Conynunity Business District)Zoning District which would be compatible with the adjacent land to the north, east and west of the subject property and change Lots 6A, 5A and 4AR(Parcel Index-Lots 4; 5, 6)to R-2 (Duplex District)Zoning District which would be compatible with the duplexes across the street. Commissioner Zahn seconded the motion. The vote was as follows: Ayes: C;omaissioners Eggers; Zahn, Bright, Shuler, Young Nays: Commissioner tans Absent: C Timissioner Md\Aillon The motion carried. ITEM 15. PUBUC HEARING m ZONING CASE #97-46 ZC - R-3 (MUL71-FAMILY DVVEWNG DISTRICT, 12 UNITS/ACRE) Ushire Village Addition, Block 3, Lots 1A, 2A, 3A Bo Bass, Director of Planning and Development, gave a brief description of the property to be rezoned. He stated the property was the 1Mlshire Village Addition, Block 3, Lots 3A, 2A; 1A. Fie stated the property was currently zoned R-5 (Multi-Fanily 24 units per acre) and was being recommended for R-3 Multi-Family with 12 units per acre. He stated the City of Euless was requesting the change of zoning and DRC recommended approval. PLANNING &ZONING COIVMSSION - PAGE 15 OCTOBER 21, 1997 Chairman Young opened the Public Hearing and asked for proponentstopponents. Several unidentified citizens spoke in favor of the change to be either R-3 or R-2. Chaim-an Young dosed the Public Hearing. ITEM 16. RECOMMENDAMON OF - ZONING CASE #97-4+6 ZC - R-3 (1 LTI- FAMILY OAN' WNG DISTRICT) VMlshire Village Addition, Block 3, Lots 1A, 2A, M Chaim-on Young stated he would like to make an amendment to the DRC reoomT� endattion and change the zoning recomnendation from R-3 to R-2 causing a consistency to the adjoining lots to the north. The ConTriissioners agreed with the recommendation from R-3 to R-2. They discussed the change would benefit the community by reducing the density. Commissioner Zahn made the motion to recommend case#97-46-ZC be changed to R-2 Zoning District. Cornrnissioner Eggers seconded the motion. The vote was as follows: Ayes: Corr -rissioners Eggers, wens, Zahn, Bright, Shuler, Young Nays: None Absent: Commissioner lV cMillon The motion carried. ITEM 17. PUBLIC HEARING - ZONING CASE #97472C - R-1 (SINGLE-FAMLY DETACHED DtfVEWNG DISTRICT) Bell Ranch Terrace Addition, Block 3, Lots 1-8, 9R; Bell Ranch Terrace Addition, Block 4, Lots 1R1, 5-13, Bell Ranch Terrace Addition, Block 5, Lots 1-26; Bell Ranch Terrace Addition, Block 6, Lots 1-26, Bell Ranch Terrace Addition, Block 7, Lots 6, 7, 12, 13, 15.24; Bell Ranch Terrace Addition, Block 12, Lots 1, 8-10; Bell Ranch Terrace Addition, Block 13, Lots 1-18; Beal Ranch Terrace Addition, Block 14, Lots 1-15; Bell Ranch Terrace Addition, Block 15, Lots 8, 9; J.S.Anderson Subdivision, Block 13, Lots 2481, 24R2, 24R3, 24R4, 24R5 Bo Bass, Director of Planning and Development, gave a brief description of the property to be rezoned. He stated the property was the Bell Ranch Terrace Addition, Block 3, Lots .r tww # ir!#i ► ♦ ' Iw► "� �!'< t# ' !' it1 FRI is 1� PLANNING &ZONING CONI SSION - PAGE 17 OCTOBER 21, 1997 church. She stated she had been trying to sell for several years. She stated in order to sell to an individual, the utilities would need to be put in and would be very expensive. She inquired about the impact of takes. Sandra Leighton, 508 Raven Court, Colleyville, stated everyone had done a wonderful job, to be listened to, to work with and she wanted to compliment staff for their patience. She stated she supported the development of the R-1 zoning change. Annelle Apple, 302 Shelmar, owner of Lot 1, on Kynette Drive, stated the Developer put in a drainage ditch along the rear of her property. She stated it had become a dump site. She stated she had complained to City Code Enforcement several times about the dumping problems. She stated she had received violation letters from Code Enforcement and was tired of spending a lot of money for the dean-up required. She stated she had talked to Paul Krucken-eyer, City Engineer and finally received an area where she could drive over onto their property to mow. She stated R-2 zoning would be her choice for the property in her area. Commissioner Zahn referred Mrs. Apple to staff. Citizens suggested the Vuest side of Renee Drive, Brasher Lane and Calvary Drive C-2 zoning go to R-1 zoning and the East side of Renee Give up to the North side of Kynette Give go to R-2 for a buffer. Chairman Young nosed the Public Hearing. ITEM 18. RECOMMENDATION OF - ZONING CASE x#97-47-ZC - R-1 (SINGLE- FAMILY DETACHED DVVELLING DISTRICT) Bell Ranch Terrace Addition, Block 3, Lots 1-8, 9R; Bell Ranch Terrace Addition, Block 4; Lots 1R1, 5-13, Bell Ranch Terrace Addition, Block 5, Lots 126; Bell Ranch Terrace Addition, Block 6, Lots 1-26, Bell Rand Terrace Addition, Block 7, Lots 6, 7, 12, 13, 18-24; Bell Ranch Terrace Addition, Block 12, Lots 1, 6-10; Bell Ranch Terrace Addition, Block 13, Lots 1-1$ Bell Ranch Terrace Addition, Block 14, Lots 1-15; Bell Ranch Terrace Addition, Block 15, Lots 3, 9; J.S. Anderson Subdivision, Block 13, Lots 24R1, 24R2, 2483, 24R4, 2485 Commissioner Owens stated R-1 was the best choice for the citizens of Euless. He stated he would like to put the highest limited use and it would develop as long as developers like Brooks Builders would stay in the area. Commissioner Owens stated R-1 was his choice. Commissioner Shuler stated R-1 would be the best use for the land. She stated if a developer came to the City wanting to rezone a piece of land backing up to Industrial Blvd., she would be willing to rezone if needed. PLANNING &ZONNG CO ION 4 PACE 18 OCTOBER 21, 1997 ConTrissioner Bright stated she would prefer the R-1. Corrssioner Eggers asked Barbara Palk if she had lost sales due to the zoning. She stated the people interested in the property decided against it due to the commercial zoning surrounding their lot. Commissioner Cans clarified with Ms. Polk that the zoning would be R-1. Ted Brooks stated he was concerned that the property would be extremely hard to be rezoned back to a Planned Development if needed. CVnrnissioner Zahn stated the property had been difficult to develop because of so many different owners. He stated to benefit the future for the City he would be inclined to go with R-1. Chairman Young asked lam. Bass what the current zoning was on the lower PD zoning and what did it allow. Mr. Bass stated it was P-IA (Single Farrily Attached) and permitted Multi- arrily up to 13 units per acre. He stated the site plan would no longer be valid because the time frame had expired. Chairman Young stated the PD would serve as a buffer to the single family. He suggested a 2 zoning district. Con ssioner Zahn clarified the lots Chairman Young was referring too CxxTrrissioner Cans made the motion to reconvr end approval for case 7-47--ZC as presented. Commissioner Shuler second the motion. The vote was as follows, Ayes: Carrrnissioners Eggers, Owens, Zahn, Bright, Shuler, Young Nays: 1'ne Absent: Con -nissioner McMllon The motion carried. ITEM 19. PUI3UC HEARING w ZONING CAE #97 C w TX-10 DISTPJCT Fountain Center, Lottj�1; Allen M. en Survey, �9 Abst. 415, Tracts 4A` 4A2; 4Al, 3S, 3E1, 3, 3G, 1A 1 d"�1, 2F, 2171, 2C, �°i lgram Park, Block 1, Lots 1, 1A; Wilshire pillage Shopping Center, Lots A, @, C; Allen M. Downen Addition, Lot 1; Oakwood Terrace North, dock 21, Lots B1, 132, B3; Oakwood Terrace North, Block 16, Lets Al, AIA, AW, Al B; Sauer Addition, Lot 2; T. Davis Subdivision, Lots 2A, 2B, 3; Jam M. Matson Survey, Abst. 1 080, Tract 1C2 Bo Bass, Director of Planning and Development, gave a brief description of the property to be rezoned. He stated the property was the Fountain Center, Lot 1; Allen M. Co en PLANNING &ZONING COMMISSION - PAGE 19 OCTOBER 21, 1997 Survey, Abst. 415, Tracts 4A, 4A2, 4A1, 3B, 3E1, 3F, 3G, 1A, 1A1, 2F, 2F1, 2Q; Pilgrarn Park, Block 1, Lots 1, l k W lshire Village Shopping Center, Lots A, B, C; Allen M. Do rnen Addition, Lot 1; Oakwood Terrace North, Block 21, Lots B1, B2, B3; OakNood Terrace North, Block 16, Lots Al, AIAt AW, Al B; Bauer Addition, Lot 2; T. Davis Subdivision, Lots 2A, 2B, 3; James M. Matson Survey, Abst. 1060, Tract 1 C2. He stated the property was predominantly zoned currently C-2. He stated a portion was zones PD a Planned Development, C-1, R-4. He stated the various categories of zoning was being recomTende l TX-10(Texas Ten District). He stated the current businesses along lam. 10 would stay in business and only until the business would go away would someone subnit to the TX 10 zoning requirements. He stated the City of Euless was requesting the charge of zoning and DRC reconr ended approval. Chairman Young opened the Public baring and asked for proponentslopponents. Citizens requested more information about the TX-10 Zoning District and asked if the TIC-10 zoning district would be an advantage or disadvantage. Mr, Bass gave a brief overview of the Zoning Districts and explained there was an Unified Developnwt Code available to citizens. Chaimran Young closed the Public Headng. ITEM 20. RECOMMENDAMON OF m ZONING CASE#9748-ZC m TX-10 DISTRICT Fountain Center, Let 1; Allen M, Linen Survey, Abst. 415, Tracts 4A, 4A2, 4A1, 3S, 3E1; 3F, 3G, 1A, 1A1, 2F, 2F1, 2C; Pilgram Park, Bloch 1, Lot 1, 1A; Wishire Wage Shopping Center, Lets A, B, C; Teri M. lien Addition, Let 1; Oakwood Terrace North, Block 21, Lets B1, B2, B3; Oakwood Terrace North, Block 16, Lots Al, Al A, Al Al, Al B; Bauer Addition, Lot 2; T. Davis Subdivision, Lots 2A, 2B, 3; James M, Matson Survey, Abst. 1 060, Tract 1C2 Con rissioner Owens stated he was in favor of the TX-10 zoning change. Commissioner Shuler stated she would be in favor with the TX-10 zoning change. Commissioner Bright stated she would support the change. Commissioner Eggers stated he was in favor of the change in order to make a uniform Zoning District from the west end of Hwy. 10 to the east end of Hwy. 10. Commissioner Zahn stated he was in flavor of the change. CornrNssioner Eggers made the motion to recommend approval of case #97-48-ZC as presented. Commissioner Bright seconded the motion. PLAMNG &ZONING COMNISSION m PAGE 20 OCTOBER 21, 1997 The vote was as follows: Ayes: Commissioners Eggers, Owens, Zahn, Wight, Shuler, Young Nays: None Absent: CorrvTissioner McMllon The motion carried. ITEM 210 PUBILIC HEARING - ZONING CASE #97-49-ZC m R-3 (IMUL71-FAMLY DWEWNG 12 t1NITSIACRE Alen M. Downen Survey, Abst. 415, Tracts 3Q, 3K, 3J, 31-11, 3H fro , Iirector of Planning and Develoment; gave a brief description of the property to be rezoned. He stated the property vms the Allen M. Downen Survey, Abst. 415, Tracts 3Q, 3K> U 3H1, 3H. He stated the property was zoned R-5(Mi ti- arrily Zoning District 24 units per acre). He stated the zoning was Ding recommended R-3 (Mulb- Farnily Residential District 12 units per acre). Fie stated the City of Euless was requesting the charge of zoning and DRRC recommended approval. Chaim-nan 'Young opened the Public !-gearing and arced for proponentsiopponents. There was discussion abut the vacant land located south of Sagebrush Trail and the zoning it held which was previously voted TX-14 District. Chairman Young closed the Public Hearing. ITEM 220 RECOMMENDATION OF ZONING CASE #97-49-ZC - R ( LT1- FAMILIY DWELLING G 12 UNITS/ACRE Alen M. Dowen Survey, Abst, 415, Tracts 3Q, 3K, 3J, 3H1; 3H Commissioner Zahn rude the motion to recommend approval of case 7-49- C as presented. Comrnissioner Eggers seconded the motion. The vote was as follow s: Ayes: Corrrisssionerrs Eggers, Ovens, Zahn, 13right, Shuler, Young Nays: None Absent: Conrnissioner Mc Millon The motion carried. PLAMNC &ZONING COIVMSSION - PACE 21 OCTOBER 21, 1997 ITEM 23. PUBUC HEAFUNG m ZONING CASE #97 ZC - I-1 {SINGLE FAMLY DETACHED DVYEWNG DISTRICT} Allen M. Downen Survey, Abst, 415, Tract 2C Bo Bass, Director of Planning and Development, gage a brief description of the property to be rezoned, He stated the property was the Allen M. Dowrnen Survey, Abst. 415, Train 2C. He stated the property was zoned R-4 (Multi-Farrily ,Zoning Dstdct 16 units per acre). He stated the zoning was being reconimnded R-1 (Single Earrily Detached Dwelling District). He stated the City of Euless was requesting the change of zoning and ITC reconmiended approval. Chairman Young opened the Public Hearing and asked for proponents/ opponents. Amy Sadeghian, Coppell, Texas, stated concems with the zoning change process. She asked if the zoning would read R-44/TX-10 along Hwy. 10, Mr. Bass stated the R-4 would be changed to 'TX-10 and the 2C tract would be R-1 for single famly. Chairman Young clued the Public Hearing. ITEM 24. RECOWENDATION OF m ZONING CASE #97-50-ZC - R-1 (IVRJLTi- FAMILY DVVEWNG 12 LNTSIACRE Allen M. Dow nen Survey, Abst, 415, Tract 2C Corr ssioner Cans made the motion to recommend approval of case 7-50-ZC as presented. Corrrrrissioner Shuler seconded the motion. The vote was as follows: Ayes: ssioners Shuler, Young, Eggers, Zahn, Bright, Owens Nom Absent: Corrssioner McMiilon The motion carried. ITEM 25. PUBLIC HEARING -ZONING CASE 7-519ZC - TX-10 DISTRICT Airport Business Park, Block 2; Lets 16R1, 16R2; Jeremiah V. Brooks Survey, Abst. 95, Tract 1 D, Clark WKelvey Addition, Black 1, Lots 1, 2, 3; Cresthaven Addition, Block 1, Lots A, Al, A2; Cresthaven Addition; Block 2, Lot A; Cresthaven Addition, Block 3, Lot A; Allen M. Dowrnen Survey, Abst. 415, Tracts 3A, 3A1, 3A3, 3A4, 3A7, 4B2, 4B1131, 4B2A, 2; Euless Industrial Park, Block 1, Lett Al; Euless Industrial Parr, Block 2, Lots A4, C; • #'•; !: « � Ohl: .f� -# f�". r'ti. #•. PLANNING &ZONING CO SSI( w PAGE 23 OCTOBER 21, 1997 Con ercial Lets Al, A2. He stated they had recently received a Specific Use Perrnit for Lots Al and A2 with a non-corripliance business to a legally existing operating business. Fie stated he would life to keep the current zoning, La1, for Lots 12 and 13 and C-2 zoning for Lots Al and A2. Kevin Mercer, Development Services ;Manager, stated when the change of zoning becomes effective he would loose the legal existing conforming status unless something was modified or altered. He stated the zoning change would not affect hire as far as the type of use. Fie stated a SUP would be allowed in the TX-19 Zoning District just as it was in the C-2 district. Imo-. Bass explained to Mr. Gann that the SUP was tied to the site plan and any modifications would have to go before the Council for additional site plan changes, Mr. Gann was given clarification by the Commissioners that Lots 12 and 13 were not in the zoning change for TX-1 g. Chairman Young dosed the Public Hearing. ITEM 26. RECORMAENDAMON OF A ZONING CASE #97-51 ZC a TX-10 DISTRICT Airport Business Park, Block 2, Lots 1681, 1682; Jeremiah V. Brooks Survey, Abst, 95, Tract 1 D; Clark McKelvey Addition, Block. Lots 1, 2, 3; Cresthaven Addition, Block 1, Lots A, Al, A2; Cresthaven Addition, Block 2, Lot A; Cresthaven Addition, Block 3, Lot Ao Allen ltt'l. Downen Survey, Abst. 415, Tracts 3A, 3A1, 3A3, 3A4, 3AT 4132, 4131 B1, 4132AY 2; Euless Industrial Park, Block 1, Lot Al, Euless Industrial Park, Block 2, Lots A4, C; Euless Industrial Park, Block 3, Lot 1; KWk Change Addition, Block 1, Lot 1; James M. Matson Survey, Abst. 1 080, Tract 1 C; SH 10 Business Center, Block A, Lots 1, 2; Softball 1l'Jorld, Block A, Lot 1 Corrrnissioner Covens asked Mr. Chesney if he would be happy if he received the letter he was requesting, Mr. Chesney stated he was afraid that after he received the letter in a few years the grandfather clause would not be honored. He stated someone lost the retail of trucks because someone said it wasn't zoned right and it was grandfathered when he bought the business. He stated there would be no zoning for a wrecker service and he was concerned for the life of his business. Mr. Mercer stated the business that was brought into conforrnanc e was because the owner bought the adjacent property for the rental trucks however, the City had contacted hire to apply for an SUP. The owner sold to the current owner before complying with the C-2 zoning restrictions. Mr. Mercer stated the current owner's choice was to eliminate the vehicles before the SUP was brought before the Council. PLANNING &ZONING COIVMSSION - PAGE 24 OCTOBER 21 s 1997 Co rnissioner Owens asked the staff if there was a possibility for the new owner of the lot on Hwy. 10 to receive a grandfather clause for the development of his business. Mr. Bass stated someone could go before the City Council and ask for a hardship exception so the applicant could submit a site plan. ComTissioner Owens stated, basically the rule would be until the application fee was paid the request would not be active. There was discussion among the Cornrnissioners and Mr. Chesney concerning the future. development of Hwy. 10 and how it would impact his business. Ita'lr. Chesney stated he did not like the fact if he wanted to put in a carport it would fall under the `texas Ten Zoning District. Commissioner Ci+ens referred Mr. Chesney to Mr. Bass in order to get the letter the next day. Mr. Bass stated he would not issue the letter until City Council had reviewed the zoning change. CorrmTissioner Zahn made the motion to approve case #97--51-ZC as presented. Caissioner Bright seconded the motion. C;orTnissioner Owens asked if the staff would recan7nend the letter to Mr. Chesney. Mr. Bass stated they would recommend amend the letter only if it was necessary by City Council changing the zoning. The vote was as follows: Ayes: CorTnissioners Shuler, Young, Eggers, Zahn, Bright, Omens Nays: None Absent; Commissioner Mc Millon The motion carried. ITEM 27. PLHJC HEARING d ZONING CASE #97-522C - C-2 (CONMNITY BUSINESS DISTFtICT) Cresthaven Addition, Block 1, Lots 1-11, 13-24;Cresthaven Addition, Bloc 2, Lots 1-13, 15-27; Cresthaven Addition, Block 3, Lots 1-14; Allen M. Dow-ten Survey, A.bst. 415; Tracts 3A, 4B, 3A1, 3A2, 3A3, 3A4, 3A6, 3A7, 4B3, 3A2A, 3A2A1, 3A4B; Greenlands Square Addition, Block A, Lot 1; SIB 10 Business Center Survey, Block A, Lot 2; Softball World, Block Ay Lot 1. Bo Bass, Director of Planning and Development, gave a brief description of the property to be rezoned. He stated the property was the Cresthaven Addition, Block 1, Lots 1-11, 13-24; Cresthaven Addition, Block 2, Lots 1-13, 15-27; Cresthaven Addition, Block 3, PLANNING &ZONING SS NG COIUIGN - PAGE 25 OCTOBER 21, 1997 Lots 1-14; Alen M. Downen Survey, Abst. 415, Tracts 3A, 4B, 3A1, 3A2, 3A3, 3A4, 3A6, 3A7, 4133, 3A2A, 3A2A1, 3A4B; Greenlands Square Addition, Block A. Lot 1; SH 10 Business Center Survey, Block A, Lot 2; Softball Mrid, Block A, Lot 1. He stated the property was zoned with 1-1 (Light Industrial)and C-2 (Community Business District). He stated there was great value on the ground and hoped that the citizens would realize the profit they could gain. He stated the City of Euless was requesting the change of zoning and DRC recommended approval. Chairman Young opened the Public Hearing and asked for proponerWopponents. Made Purdy, 907 Highland Dive, stated she had been in the City of Euless a long time and would not want to move if that was what the change of zoning was set out to do. Bill Cowley, (North Gallas, stated he was the owner of 913 Highland, Block 3, Lot 9 which backs up to the ball park. He stated he had owned the property for about 15 years. He stated he bought it for a small business that his son was running. He stated them:was a lot of environmental problems in the area from tenants leaving petroleum fluids in the ground. He stated he had no objections to the C-2 zoning district but he did not want to see junky lots in the area. James Smith, 4747 Cattlebaron Drive, Ft. Worth, owner of 906 Highland Drive, lot 16, stated the house was vacant and he was curious about the taxes. He expressed concerns with the difference in tax values from Industrial to Commercial Zoning. A citizen informed Mr. Smith the approximate value was$10,000.00 per lot and depending on what sits on the lot they would come out and appraise the homes. The citizen stated the approximate value for the two streets of Highland Drive and Cresthaven Drive was $29,000.00 to $34,000.00 and what was around the area determined the value as well. Citizens expressed concerns with the zoning change being more restrictive and vacant properties being run dawn. The citizens and business owners stated they would like to seethe City of Euless protect the property owners by investing storm sewer drainage and fix some of the streets. The citizens stated the upgrade in zoning would be an advantage for the businesses but it would also need the City staff to help in code enforcement and patrolling the area for violations in order for the area to gain potential. Sheily Borg, 912 Highland Drive, stated the citizens on the three streets were given notices of violations by the Code Enforcement Department to clean up a lot of different things. She stated she had problems with the City not correcting problems they had experienced in the past such as, softballs flying through their windows from the ball park across the street and players corTing into their backyards to retrieve the balls. She stated there was a problem with speeding traffic and that one of the children was almost run over deliberately. She stated she had asked for speed signs; children at play signs and was turned down because someone told her the area was up for rezoning. She stated she was not in favor of the change in zoning fearing it may cause more frustration with PLANNING &ZONING COIVMSSION - PAGE 26 OCTOBER 21, 1997 the City not enforcing the matter. She stated she and the neighbors felt their rights were being violated because the City owns the property across the street. She asked the Commissioners why the area vas being rezoned all at once and why not one at a fir e as they become available for licensing. Mr. Bass stated in his opinion Cresthaven was done a great disservice when it vms zoned industrial. He stated the C-2 use would be a less intensive use and the wisest way to rezone would be all at one time. He stated there was no reason the City would not put up signs because of rezoning. Comrnissioner Eggers suggested the citizens taring the children to the City Council meeting and help the Council Members understand the situation. Evelyn Bowers, 1 003 Highland Drive, stated she had gotten all her windows knocked out on the back side of the house because of Softball V\bdd. She stated she believed in the truth and wondered if she could get it from the Planning and Zoning Meeting, October 21, 1997. She asked why the rezoning? She stated she felt the reason was to buy more property for Softball World. Commissioner Bright stated the City did not have the money to purchase more property. Commissioner Omens stated even if they did have the money they would have to go before the board to be approved just like anyone else. He stated the City was not singling out Cresthaven Addition for the zoning change because it is being rezoned throughout the City where it is needed. Corssioner ins referred Ms. Bowers to the Code Enforcement Department with the corlaint of broken windows. Dwight Gann stated he wanted to see the area stay industrial. He stated he would like to see Code Enforcement in the area more often to improve the area to be in compliance \Mth the zoning. Dorm V\hiternan, DeSoto, Texas, stated he was the President of the Sheet Metal Workers Local Union #68, and was in favor of the zoning change. He stated they wanted to be a good neighbor and felt the C~2 zoning would be an upgrade and make the area more prosperous. Chaim-an Young closed the Public Hearing. ITEM 28. RECOMENDAMON OF-ZONING CASE#97-522C-C-2(C UNIT Y BUSINESS DISTRICT) Cresthaven Addition, Block 1, Lots 1-11, 13-24; Cresthaven Addition, Block 2, Lots 1-13, 15-27; Cresthaven Addition, Block 3, Lots 1-14; Allen M. Dovmen Survey, Abst. 415, Tracts 3A, 413, 3A1, 3A2, 3A3, 3A4, 3A5, 3A7x 4B3, 3A2A, 3A2A1, 3A413; Greenlands Square Addition, Block A, Lot 1; SH 10 Business Center Survey, Block A, Lot 2; Softball Wordd, Block A, Lot 1 PLANNING &ZONING COIV SSION - PAGE 27 OCTOBER 21, 1997 Conrnissioner Zahn stated he was in favor of the recommendation. C anrrissioner Eggers stated he was in favor of the zoning change because the area was prone to be commercial. Commissioner Bright stated if she lived in the area she would be for the recommendation and was for the zoning change. Conssioner Shuler stated anytime an upgrade should take place it would cause new businesses to better the community with the higher standards. She stated she would be in favor of the zoning change. Commissioner t\nlens stated the area at one time was a prime area for the City. He stated he wanted the citizens to know and understand they have rights just as anyone else in the City of Euless. He stated the City had hired extra people to take care of Code Enforcement and felt the staff was doing a great job. He stated he would be in favor of the zoning change. Chairman Young stated he sympathized with the citizen's corr#aints with the streets, drainage, bugs, lights, signage, mowing, etc., but the meeting was about the zoning change and felt they needed to notify staff. He stated he was sorry that MS. Sowers had the feelings she had toward the Commission. He stated no one was going to take their property away from them. Commissioner Zahn made the motion to recommend approval of case #97-52-ZC as presented. ConTyissioner Bright seconded the motion. The vote was as follows: Ayes: Commissioners Shuler, Young, Eggers, Zahn, Bright, Owens Nays: bone Absent: Corrmi-rmissioner I', Aillon The motion carried. ITEM 29. PUBLIC H W ZONING CASE##97w532C m I-1 (UC+fT INDUSTRIAL CISTFaCT) Airport Business Park, Block 2, Lot 14R Bo Bass, Drector of Planning and Developnient, gave a brief description of the property to be rezoned. Fie stated the property was Airport Business Parr, Block 2, Lot 141 . He stated the property was currently zoned 1-2. He stated the zoning change was a housekeeping matter. He stated the City of Euless was requesting the change of zoning PLANNING &ZONING COWASSION W PAGE 28 OCTOBER 21, 1997 and DRC recornmended approval. Chairman Young opened the Public Hearing and asked for proponents/opponents. There being no proponents/opponents Chairmen Young dosed the Public Hearing, ITEM 30. RECONIVIENDATION OF - ZONING CASE #97-53­ZC - 1-1 (UGHT INDUSTRIAL DISTRICT) Airport Business Park, Block 2, Lot 14R Cornrnissioner Eggers rnade the motion to recomrnend approval of case#97-53-ZC as presented. Cornrrissioner Zahn seconded the motion. The vote was as follows: Ayes: Commissioners Shuler, Young, Eggers, Zahn, Bright Nays: Comrnissioner Owens Absent: Commissioner hWillon The motion carried. ITEM 31. PUBLIC HEARING-ZONING CASE#97-54-ZC-1-1 (UGHT INDUSTRIAL DISTRICT) Euless Industrial Park, Block 1, Lot I Bo Bass, Director of Planning and Development, gave a brief description of the property to be rezoned. He stated the property was Euless Industrial Park, Dock 1, Lot 1. Fie stated the property was currently zoned C-2. Fie stated the zoning change was a housekeeping matter, He stated the City of Euless vas requesting the change of zoning and CRC reconTmnded approval. Chairman Young opened the Public Hearing and asked for proponentstopponents. There being no proponentstopponents Chairnmn Young dosed the Public Hearing. ITEM 32, RECOMMENDATION OF - ZONING CASE #97-542C - 1-1 (LIGHT INDUSTRIAL DISTRICT) Euless Industrial Park Block 1, Lot 1 Corrnissjoner Shuler rnade the motion to recommend approval of case #97-54-ZC as presented. Con-r�nissioner Bright seconded the motion. PLANNING &ZONING COIVMSSION - PAGE 29 OCTOBER 21, 1997 The vote was as follow: Ayes: Comrrissioners Shuler, Young, Eggers, Zahn, Bright, Owens Nays: None Absent: Comyrissioner KkMillon The motion carried. A@JUIRNNIENT: There being po further business, the Ming adjourned at 1:18 AM. Chairman Ronal'd Yung;. to