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HomeMy WebLinkAbout1998-05-19 AGENDA PLANNING AN-D ZONUNIG CONIMPS'SI ON City of Ewess CouncH Clew k s w Building "Btu 201 North Ec toy°Drive Eulem,Texas 76039 Emay.19,_Z 9% :30 o Pre-Commission Fleeting (Conference R T Building "C") TOO a Call to Order(Council Chambers- Building "B") PLEDGE OF ALLEGIANCE®Commissioner Zahn INVOCATION-Commissioner Bright APPROVAL OF MINUTES- Regular meeting of May 5, 1998 AGENDA ITEMS: ITEM 1 CONSIDER APPROVAL. - LAND PLAN - #98-11-LP -- TERREL. JASPER SURVEY, ABSTRACT#861, TRACTS 5A, 5A2, 5A3 Consider the request of AI Patel for a Land Plan to demonstrate the general development scheme for 21.40 acres out of the Terrel Jasper Survey, Abstract#861, Tree SA, bAZ and 5A3 bated on the south side of Airport Freeway and 610 feet West of V ilshire Drive ITEM PUBLIC HEARING - AMENDMENTS TO UDC #PZ-9M1 _ 61121 GATEWAY" DISTRICT ORDINANCE Public input regarding the amendments to Chapter 84 "Unified Development Code" of the Code of Ordinances by the addition of a new Section creating the TX-121 121 Gateway" District ITEM 3 RECOMMENDATION OF - AMENDMENTS TO UDC #PZs -01 -d6121 GATEWAY" DISTRICT ORDINANCE Consider the recommendation regarding the amendments to Chapter 84 "Unified Development Cade" of the Code of Ordinances by the addition of a new Section creating the TX-121 "121 GatewayR District ITEM 4 PUBLIC HEARING m ZONING CHANGE a 9 a29a2C - TX-121 `d121 GATEWAY" ' DISTRICT John H. Havins Survey, Abstract 585, Tracts 1, 1 E1, 1 E1A, 1131, 1 E, 1 E2, 2, 3; Glade Road Southland, Block A. Lot 1; Jesse Doss Survey, Abstract 441, Tracts 2, 3, 3A, 3A1, 313, 3C, 4A1, 4A1 A, 4B, 4131, 4132, 4C, 5, 13, EA, 6A1, 613, 6131, 3131A, 5132; 1313133 & C RR Survey, Abstract 204, Tracts 1A3A, 413213, 4135, a, 513; Bryant Harrington Survey, Abstract 303, Tracts 2, 2B, 2C, 3, 313, 4, 4A, 413, 5, 513, 5131, SC; Levy Franklin Survey, Abstract 513, Tracts 2E, 3, 313, 4, 4A, 4C, 41), 4E, 4E1, 41a, 41710 Mansions by the Vineyards, Block A, Lot 1; Bear Crack Estates, Block 7, Lot 10; Alm Ko Southwest Addition, Block A, Lot 1 ITEM 5 RECOMMENDATION OF m ZONING CHANGE W 98-29=ZC - TX-121 11121 GATEWAY" DISTRICT John H. Havins Surrey, Abstract 655, Tracts 1, 1E1, 1E1A, 1131, 1E, 1E2, 2, 3; Glade Road Southland, Block A, Lot 1; Jesse Doss Survey, Abstract 441, Tracts 2, 3, 3A, 3A1, 313, 3'C, 4A1, 4A1 A, 413, 413 1, 4132, 4C9 «A°', 5, 9A, 6A1, 613, 6131, 9131& 6132; 131313 & C RR Survey, Abstract 204, Tracts 1A3A, 413213, 4135, 5, 513; Bryant Harrington Survey, Abstract 808, Tracts 2, 213, 2C, 3, 313, 4, 4A, 413, 5, 513, 5B1, 5C, Levy Franklin Survey, Abstract 513, Tracts 2E, 3, 313, 4, 4A, 4C, 4D, 4E, 4E1, 41', 4F1; Mansions by the Vineyards, Block A, Lot 1; Bear Creek Estates, Block 7, Lot 10; Al- Ko Southwest Addition, Block A, Lot 1 ITEM REPORT'S POSTED THIS 15TH DAY OF MAY, 1999, AT 4:00 P. . Donna Brown Individual Posting Ho�c� if f}ow. s*:d this pLmc rrpetirg and�hom a chsabw#iat reroer veow wwvenmts 6f the i< ,n o.3tftt ocx offim sf;817?W-1619. €?e ar zR ,ee eaiK be made to asist ymt acts. PLANNING AND ZONING COMMISSION MAY 19, 1998 MINUTES The Pre-Commission meeting of the Planning and Zoning Commission was called to order by Chairman Ronald Young at 5:30 p.m, in the Building "C" Conference Room. Seven members of the Planning and Zoning Commission were in attendance. PLANNING AND ZONING COMMISSION CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS, Chairman Young called the Planning and Zoning Commission meeting to order at 7:06 p.m. for the consideration of scheduled items. He stated there were seven members of the Planning and Zoning Commission present. MEMBERS & STAFF PRESENT MEMBERS ABSENT Chairman Ronald Young Nancy Bright Billy Owens Joy Shuler George Zahn Keith Eggers Robert McMillon Bo Bass, Director of Planning and Development Paul Weneskie, City Attorney Paul Kruckemeyer, City Engineer Carol Griffith, City Planner Donna Brown, Office Technician Charlie Miller, Council Member Katie Edwards, Council Member Carl Tyson, Council Member Michael Logan, Fire Marshal VISITORS PRESENT Mark Moore Ray Howell Bahlin Jones David Hiles Al Rogers Doug Rouls Lou Monti Mary Lea Hoel Wiley Hokett Michael J. Grove Sam Harrington Cheryl Anderson John Baze Warren Hinkley Kenneth Mitchell Stacia Hutson Glen Hinckley Bob Hyde Leslie Taylor Michael Coker Ray Bunch PANNING AND ZON€NG COMMISSION PANE 2 MINUTES OF MAY 19,1998 PLEDGE DE ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Zahn and the Invocation was given by Commissioner Eggers. APPROVAL OF MINUTES Commissioner Owens moved to approve the minutes of the Planning and honing Commission meeting for May 5, 1998, with the following correction to item 6 on page 7, which stated "the motion carried unanimously" but should have said "the motion carried". Commissioner Shuler seconded the motion. The vote was as follows: Ryes: Commissioners Bright, Eggers, McMillon, Owens, Shuler, Young, Zahn, Nays, Gone Absent: gone The motion carried unanimously. Chairman Young explained Public Hearing procedures. REGULAR AGENDA ITEM 'I CONSIDER APPROVAL -µ LAND PLAN - #98-11-LP — TERREL JASPER SURVEY, ABSTRACT#861, TRACTS 5A, SA2, 5A3 Consider the request of Al Patel for a Land Plan to demonstrate the general development scheme for 21.40 acres out of the Terrel Jasper Survey, Abstract#861, Tracts 5A, 5A2, and 5A3 located on the south side of airport Freeway and 610 feet West of Wilshire Drive Bo Bass, Director of Planning and Development, gave a brief description of the case. He stated that the Development Review Committee (DRC) recommended approval. Chairman Young asked Paul Kruckemeyer, City Engineer, if the conceptual plan satisfied all the requirements for public utilities, service access and storm drainage. Mr. Kruckemeyer answered yes. Chairman Young asked the representative of the applicant to come to the podium and give his name. Bryan Klein, Hoover/Klein Group of Euless, 1361 W Euless Blvd., Suite 111 stated he was representing Mr. Al Patel for the Land Plan under consideration. He stated he was available to answer any questions. P-WiNING AND ZONING COMMISSION PAGE 3 MINUTES OF t AY 19,1998 Commissioner Owens stated he would be looking verb close at the drainage into the retention pond, and he also expressed his desire that more trees be saved. Chairman Young asked Paul Kruckerneyer to keep the Planning and Zoning Commission posted on the status of the engineering plans. Commissioner Owens made the motion to approve Land Plan #98-11-1_P as presented. Commissioner Eggers seconded the motion. The vote was as follows: Ayes: Commissioners Young, Bright, Shuler, Owens, Zahn; Eggers, McMillon Nays: None Absent: None The motion carried unanimously. ITEM 2 PUBLIC HEARING — AMENDMENTS TO UDC #PZ-98-01 — "121 GATEWAY" DISTRICT ORDINANCE Public input regarding the amendments to Chapter 84 "Unified Development Code" of the Code of Ordinances by the addition of a new Section creating the TX-'121 "l 21 Gateway" District Bo Sass, Director of Planning and Development, gave a brief description of the proposed amendment to the Unified Development Code. Chairman Young stated this case was tabled at the Planning and Zoning Commission meeting on February 3, 1998. Commissioner Zahn made the motion to remove from the table case #PZ-98-01. Commissioner Eggers seconded the motion. The vote was as follows: Ayes: Commissioners Young, Bright, Shuler, Zahn, Eggers, McMillon Nays: None Abstained: Commissioner Owens The motion carried. Bo Bass, Director of Planning and Development, spoke as a representative for the City as applicant in the case. He gave a brief description of the case, and stated that traditional zoning has served well for years in other parts of the city. He stated that the S. H. 121 area has tremendous potential, and that a custom district is proposed for it. He stated that Euless Property Investors/Owners Cooperative, or"EPIC` had worked PLA?INING AN€3 ZONING COMMISSION PAGE 4 MINUTES OF MAY 19,1;98 together at the City Council's and Planning and Zoning Commission's request for seven meetings to create the standards and uses for this district. He stated that the ordinance mimics existing zoning ordinances where appropriate, but with greater flexibility in land uses and additional design standards. Mr. Bass then described the concept of proximity slope and setbacks from residential properties. Michael Coker, 6350 LBJ Freeway, Suite 257, Dallas, stated that he represented a coalition of property owners [Euless Property Investors/Owners Cooperative, or "EPIC"] within the 121 Gateway District. Mr Coker stated that the agreement between city staff and property owners is as close as he's ever seen in such a project. He stated that the 121 Gateway District land area is truly the gateway to Euless, and is a diamond in the rough. Mr. Coker presented EPIC's three goals: A. Preserve Property Rights 1. Existing Uses: • Multi-Family (259 units) • Industrial and Automotive • Ranching and Crop Production 2. Existing Rights: • Commercial • Multi-Family (620 Potential Units) • Industrial • Automotive B. Improve Competitive Position of the "121 Gateway" compared to Bedford, Grapevine, and S. H. 360 in Euless: 1. High Quality Development Standards • Landscape and Screening • access and Circulation Design • Signage Standards • Lighting • Parking Lot Design • Fagade Treatment Requirements • Shared Parking Options • Tower Spacing Requirements 2. Creative Development Options • F.A.R. (Floor Area Ratio) • TDR's (Transfer of Development Rights) • Protect Adjacent Residential while allowing Increased Height with RPS (Residential Proximity Slope) • Encourage Flexible Zoning for Mixed Use PLANNING AND ZONING;'•{JMMI S5:ON PAGE 5 MINUTES OF MAY 19,1998 C. Create Value 1. City/Property Owner Partnership and Investment • Be Developer "Friendly„ • Commitment to High Quality Development 2. Market the "121 Gateway" District • Exploit the Gataeway's Unique Location • Allow Market Flexibility • Provide a Mix of Uses • Increase Property Values and Ad Valorem Tax Revenues • Increase Options for Sales Tax Revenues 3. Create a New Urban Environment that: • Captures the Best: Elements of Las Colinas Urban Center, • The Mixed Use Elements of Addison • The Quality Standards of Legacy Park, and • The Aura of Valley Ranch Mr. Coker also described what the property owners perceive to be potential hindrances to Gateway District development: Poor Access to S. H. 121, and Pour Arterial and Collector Circulation Topography • T.U. Electric Easement Limited Land Use Options • Political Process and Over Regulation Lack of Capital Investment by City and Property Owners • Market Folds Negative Attitude to Development Opportunity Mr. Coker then handed out a Use Matrix and Development Standards Matrix, and discussed each item on which staff and property owners differ. He stated that he believes Specific Use Permits are not appropriate for every use in a development code, since the SUP approval process is a political process. He stated he would prefer that development standards be the controlling factor. He stated that Multi-Family and Call Centers were the two biggest divergences of opinion between staff and property owners, and stated that he believed this area could support four or five Multi-Family projects. However, he proposed that a compromise could be to allow 25% of this land area to be developed as Multi-Family, at eighteen units per acre, with twenty units per building. He stated that he could write provisions for the District specifically allowing no more than four projects of 400 units each. He also recommended a 75 feet setback between Multi-Family and ton-Residential uses, and 50 feet between Multi-Family and other Residential. Mr. Coker recommended that only 30% of the garages be required to be attached to the unit they serve, with the remaining garages required to be within 150 feet of the unit they serve. PLAN`IN"31 AND 270NING COMMSSION PAGE 6 MHUTE5 CE MAY 19,1898 Mr. Coker then described strategies for overcoming the potential hindrances to Gateway District development: • Improve Access - To SH 121 - Amend Thoroughfare Plan to include Better solutions for this District • Capitalize on Easement Right of Way • Provide Flexible Mixed Use Zoning • Reduce Regulation to Development by simplifying City Requirements • Pre-service Infrastructure as Catalyst for Development • Implement Developer Participation Programs to Initiate Development • Permit Transitional Uses from single f=amily to Multi-Family, Office, Commercial, Hotel/Motel, and Retail Mr. Coker stated in conclusion that the property owners have worked diligently with city staff to present a vision for the future of the 121 Gateway District. He asked the Planning and Zoning Commission to support the EPIC property owners proposals. Chairman Young called for a recess until 9:00 p.m. Chairman Young continued the Public Hearing at 9:00 p.m. Ray Bunch, 507 Anthony Drive, stated he was concerned about what was going to happen behind his property. He suggested parks be considered within the development. He asked the Planning and Zoning Commission to listen to the people who live near there. Lou Monti, 510 Aurora Drive, stated one of the things he loves about the area is the trees. He asked to consider keeping single family residential for the Baze property. Cheryl Anderson, 2805 Roxboro Road, stated she did not want a hotel or a restaurant in her backyard, she stated she wishes the Planning and Zoning Commission would keep the area vacant. Glen Hinckley, 12201 Merit Drive; Dallas, stated he was speaking as an individual property owner. He stated if Multi Family Use was not approved, it would hurt tremendously. He stated that he did not want the Commission to deny Multi Family Use, but he could accept a specific Use Permit. He stated they could not develop this property as single Family. He asked the Commission to consider letting develop this property as proposed Multi Family restricted to a lower density. PLANNING AND ZONING COMMISSION PAGE MINUTES OF MAY 19,'. 3$ Mark Moore, 2401 Baze Road, stated he was proud of the neighborhood and if Multi Family was allowed, it would hurt the value of his property. He stated City's original plan to make Baze and Smith properties a single family neighborhood was the right plan. Leslie Taylor, 510 Anthony Drive, stated he chose his home because it was surrounded by single family residential zoning. He also stated the Commission was opening the door for whatever use in this zoning district request. He stated he was particularly against Multi Family use and would like to see the park expanded. Kenneth Mitchell, 3839 Shady dill, Dallas; a representative for the Baze family, stated the Baze family was interested primarily in a mirror image of the single family adjoining their property. He stated the creep had been considered an amenity, and that the City's master plan called for a green belt there. He stated that they might ask for a variance on the City's creep development standards in order to leave the creek without concrete, He also stated they want a coherent and rational plan for this area. He said the problem with the Baze property was that it had R-1 zoning that was not flexible, that it was a temporary bolding zoning, and that they thought there should be a diversity of uses as a transition from the single family property to the lard adjacent to State Highway 121. Michael Grove, 26121 Tallow Drive, stated that as a homeowner with a family he did not want to leave the area; and that he preferred single family zoning. Chairman Young closed the Public Nearing. ITEM 3 RECOMMENDATION OF - AMENDMENTS TO UDC #PZ-98-01 —"121 GATEWAY" DISTRICT ORDINANCE Consider the recommendation regarding the amendments to Chapter 84 "Unified Development Code"' of the Code of Ordinances by the addition of a new Section creating the TX-121 "121 Gateway" District Chairman Young introduced Paul Wieneskie, City Attorney, and asked him to explain the rule of the Planning and Zoning Commission, in relation to the City Council, Pahl Wieneskie stated that the Planning and Zoning Commission is designed to be the first appointed body to examine any change in zoning regulations in the book or zoning on the ground. He stated the Planning and Zoning Commission would have a Public Hearing on what actual parcels of property on the ground would be in this new district. PLAWNG AND ZONING COMIAiSSION PAGE 8 MINUTES OF MAY 19.19018 He stated the function of the Planning and Zoning Commission is to study new ideas and make a recommendation to the City Council as to what the Planning and Zoning Commission thinks would be best for the city. Then City Council considers the recommendation and decides what to do, The Council does not have to follow the recommendation being the final authority, but they Gould take all, part or none at the recommendation of the Planning and Zoning Commission. He stated that the people elected to City Council were the ones who would have final say, on whether this new district would be created, the uses permitted in that district, which uses were permitted as a matter of right, and which uses would require a Specific Use Permit, what design standards would be put in place to protect existing Property Owners, and what kind of development the City Council thought best for the city, The City Council also has the final authority to decide what pieces of ground on the map would be included in the new district, and therefore subject to the new standards. He stated State Law requires Public Hearings be held in front of the Planning and Zoning Commission so that the input they get from the Property Owners, adjoining Property Owners, and anyone else, can be included in a recommendation and forwarded to the City Council. He stated the City Council was not required to have a Public Hearing; however they would discuss and vote on these matters at a Public Meeting. Commissioner Zahn stated he appreciated Mr. Cotter's presentation and the effort from the landowners in putting together a comparison, He stated he believed that there were ample areas for apartments in the City already, and that considering the concerns expressed by Staff, Call Centers should be allowed only with a Specific Use Permit, He stated that he was inclined to support the Ordinance as it was in their packet. Commissioner Eggers stated that he had heard concerns about why this area had not developed to which he disagreed strongly. He stated that terrible access on S. H. 121 in Grapevine had not stopped development there. He stated that concerning Multi Family, it seemed the City would get nowhere "lowering the standards but raising the bar", to him, lowering the number of garages required would lower the standards. He stated that lack of streets and too many owners, were reasons why this property as a whole has not been developed. Commissioner Eggers stated that he tended to support the proposal in their packet. He stated that he did not favor either 80' or 1000' for separation of driveways, and that perhaps it should be decided for each development or at the discretion of the City Engineer. Chairman Young stated he thought this case had come a long way since February. He stated he appreciated the Property Owners getting together and working with Staff. Regarding the uses, he stated right now no zoning district in the Unified Development Code permits churches by right, only by Specific Use Permit, and he did not see a reason to change. He stated the Planning and Zoning Commission wanted to retain the PLANNING AND ZCN#NG COMMISSION PAGE 9 WNU,ES of MAY 49,1.91 Specific Use Permit for "Drinking Establishments". He stated that several thousand units of Multi Family had been built in the City of Euless in the past year, and he was not sure he wanted to see that use allowed by right in a zoning district. He stated he was pleased with the efforts of the EPIC Group and Staff in working together to develop standards. He said he agreed with Commissioner Zahn that the standards presented in their packet, should be the Commission's recommendation to City Council. Commissioner Bright stated she sympathized with the adjacent property owners, but also felt it was time for that land to develop. She stated that she did not think apartments in this area would be a goad idea, and that she did not want townhouses because townhouses look a lot like apartments. She stated she could support the proposal as it was in their packet. Commissioner McMillon stated that most of his concerns had already been addressed. He stated he wanted to reinforce the statement that the process allowing citizen input and allowing time to review was very important to the city, and that everything possible should be done to protect the open forum. He congratulated staff and landowners for their efforts to work together over a long period of time. He stated he categorized the differences as being fairly minor, and that he agreed with City Staff that Specific Use Permits were needed. He also agreed with Commissioner Bright that the east side of the city was developed with apartments due to the proximity to the airport. He stated there seemed to be a tendency for mixed zoning in communities now which appeared to work well. Commissioner McMillon stated there was a very complimentary article in the Star Telegram about the City of Euless having some of the higher standards in the county for apartments. Commissioner Shuler stated that she agreed for the most part with the Specific Use Permits by Staff:and mentioned furniture reupholstering and repair as a specific example. She also stated that Call Centers should require a Specific Use Permit, Commissioner Shuler stated there were problems with the 1000' driveway separation, such as who would develop first, and that she would prefer this issue to rely on the discretion of the City Engineer. She stated Mr. Mitchell summarized her feelings toward the adjacent homeowners: she really loves trees, but no one could be asked to keep trees and cows on their land to their detriment. Commissioner Owens stated that to try to digest everything EPIC had presented was impossible, but he did not think uses were the issue. He stated the main issue was democracy in action. Commissioner Owens stated City Council decided to slow down the process by listening to homeowners and property owners. He also stated he did not support all of Staffs recommendations, nor could he say he was for the homeowners, nor could he say he was for the developers, but he knew a long road had been traveled towards consensus. He stated a district was needed. He stated he was strongly against PLANNING AND ZONING COMMISSION PAGE 10 MINUTES OF MAY 19,1-998 Multi Family until three or four people talked. He stated he was not sure of high rise apartments along a major intersection, unless some restaurants were put in too, and he thought drive-ins and Texaco Stations along S. H. 121 would be appealing to residents in the area. He stated he wanted to see R-1 in the area, but that he did not have enough information. Commissioner Owens stated that he thought there were three or four areas that could be taken out and pass this District Ordinance tonight. He stated in conclusion that he could not make a decision. He stated he wanted to see more work done, and to see actual plans of what Mr. Hinckley could do with his property. Commissioner Zahn stated that the situation would have been more clear if the Commissioners had this information from EPIC in their packet, and they would have been able to compare the two and find the differences in order to make a recommendation. Commissioner Eggers stated concerns about the minimum front yard setback. He said the EPIC Group made excellent points, but that he also felt City Staff had made good recommendations as well. He stated he is personally against apartments, and he thought the City made a mistake when they allowed the first one (the Mansions). He stated he was willing to pass this Ordinance as presented in their packet. Commissioner Bright stated what she understood was that drive-in banks, or drive-in restaurants were allowed but they must have a Specific Use Permit. She also stated that City Council would have a chance to approve or deny the request. Commissioner McMillon stated there would be three weeks for the EPIC Group and City Staff to have dialogues, and City Council would have three weeks to digest the information. Commissioner Owens stated he wanted the motion to say it was from the Planning and Zoning Commission NOT from the city staff, and make sure it was clear the Commissioners were not backing what Staff had recommended in pre-session. Commissioner Zahn made the motion to recommend to City Council to approve UDC Amendment #PZ-98-01 —121 Gateway" District Ordinance which was included in their packet, and to make it clear that it was the Commissioners' recommendation because they had concurred and accepted it as presented. He also recommended that any substantial change in a recommendation going to City Council come back to the Commissioners. He stated "in other words, when we leave here tonight this is what goes to Council". He explained "this" was "Ordinance No. 1310". Commissioner Shuler clarified that Commissioner Zahn was referring to the Ordinance in their packet not the corrected copy, PLANNING AND ZONING COMMISSION PAGE I I UNUTES OF MAY 19,1998 Commissioner Zahn stated he meant exactly what was in the packet, Mr. Bass asked for a clarification on whether Staff could recommend to Council anything other than the Commission's recommendation. Commissioner Zahn stated that Staff could make their own recommendation apart from the Commission's recommendation. Commissioner Bright seconded the motion. Commissioner Eggers asked if the UDC Amendment #PZ-98-01 -121 Gateway" District Ordinance was passed and approved by City Council, Would the Mansions by the Vineyards become an existing, non-conforming use. Mr. Bass explained that the Mansions would become a legally, existing non-conforming use but that Staff would recommend removing those properties from the district as part of Agenda Item #4. Commissioner Owens asked if what was in their packet allowed apartments. Commissioner Zahn answered no. The vote was as follows, Ayes: Commissioners Young, Bright, Shuler, Zahn, Eggers, McMillon, Owens Nays: None The motion carried unanimously, ITEM 4 PUBLIC HEARING - ZONING CHANGE - #98429-ZC - TX-121 "121 GATEWAY" DISTRICT John H. Havins Survey, Abstract 685, Tracts 1, 1 E1, 1 ElA, 1 D1, 1 E, 1 E2, 2, 3; Glade Road Southland, Block A, Lot 1; Jesse Doss Survey, Abstract 441, Tracts 2, 3, 3A, 3AI, 313, 3C: 4A1, 4A1A, 413, 4131, 4132, 4C, 51 6, 6A, 6A1, 613, 6131, 6131A, 6132; BBB & C RR Survey, Abstract 204, Tracts 1A3A, 413213, 4135, 5, 5D1- Bryant Harrington Survey, Abstract 808, Tracts 2, 2B, 2C, 3, 3B, 4, 4A, 4B, 5, 513, 5131, 5C; Levy Franklin Survey, Abstract 513, Tracts 2E, 3, 3B, 4, 4A, 4C, 413, 4E, 4E1, 4F, 4F1; Mansions - by the Vineyards, Block A, Lot 1; Bear Creek Estates., Block 7, Lot 10, Al- Ko Southwest Addition, Block A, Lot 1 PlANNINICI AND ZONING OOMMISS ON PA Y. 12 MINUTES of MAY 14, 1996 Bo Bass, Director of Punning and Development, gave a brief description of the proposed zoning change, and stated Staff was asking for three little changes: 1 Parcel 61 was included due to a mapping error. This parcel is Bear Creek Estates Black 7, Lot 10. 2) 3) 4) A Site Plan was recently reviewed and approved for Parcel 2, Made Road Southland Addition Bloch A Lot 1. He explained that a brand new facility was currently under construction, and that if this district was superimposed, Southland Corporation's building would be legally existing non-conforming. He stated the problem was that it could then be difficult for Southland to receive financing or re-financing. He requested that the Commission remove Parcel 2. 5) Mr. Bass also suggested that Parcel 57 Mansions by the Vineyards, Block A, Lot 1, be selected out. He stated if the ordinance was approved in the format the Commission was recommending to Council, Multi Family would not be permitted which would make the Mansions by the Vineyard Apartments a legally existing, non-conforming structure and use. Chairman Young opened the Public Hearing. Ray Howell, 1016 Overhill Street, Bedford, stated he is a trustee and owner of a tract north of Cheek Sparger Road. He stated his property is an ideal commercial piece of property and not R-1 as shown on our map. He stated he wanted to be exempt from the zoning change. David Hiles, representing the Mansions by the Vineyard, 2400 N S. H. 121, stated they strongly supported the re-zoning effort, as bang as the Mansions by the Vineyard was selected out of the district and remained Multi Family. He stated this property received a Certificate of Occupancy just three months ago, and if the Multi Family zoning was removed, they would be a non-conforming use, which would reduce their property value. He said they had worked closely with Staff to meet requirements of the Development review Committee, and certain aspects of their project were used in the recently revisions of the Multi Family district standards. Al Rogers, representing the Southland Corporation, 2711 N Haskell Avenue, Dallas, TX 75204, stated his corporation purchased the 40,000 square foot parcel on the southwest corner of &K 121 and Glade Road in 1085, but development was put on hold until about a year ago. He stated that construction was out to bid now, and their hope was the Planning and Zoning Commission would accept the Staff's recommendation to exclude this parcel from the zoning change, Mark Moore, 2401 Baze, requested his property be removed from the zoning change, as well as the Smith's property. He stated these properties were too far from S.H. 121 PLANNING AND ZONING CO-MMiSSION PACE 13 MINUT ES UP N11AY 19,1993 to be considered Gateway District. He stated he would prefer single family hordes in that area. He stated that about four months ago the Planning and Zoning Commission recommended to Council that the Smith property be rezoned to single family, but was overruled by City Council. He stated he did not want apartments or commercial in that area. Ken Mitchell, 3839 Shady Hill, Dallas, stated that it would be a mistake to exclude the Baze property, and that their inclusion in the 121 Gateway District will allow there to work with the other property owners for a rational land use plan. Chairman Young closed the Public Hearing. ITEM 5 RECOMMENDATION OF A ZONING CHANGE A #98-294ZC - TX-121 "121 GATEWAY" DISTRICT John H. Havins Survey, Abstract 685, Tracts 1, 1 E 1, 1 E 1 A, 1 D1, 1 E, 1 E2, 2, 3; Glade Road Southland, Block A, Lot 1; Jesse boss Survey, Abstract 441, Tracts 2, 3, 3A, 3A1, 3B, 3C, 4A1, 4A1A, 4B, 4131, 4132, 4C, 5., 6, 6A, 6A1, 6B, 6131, 6B1A, 6B2; BBB & C RR Survey, Abstract 204, Tracts 1A3A, 4B2B, 4136, 5, 5D, Bryant Harrington Survey, Abstract 606, Tracts 2, 213, 2C, 3, 3B, 4, 4A, 413, 5, 5B, 5B1, 5C; Levy Franklin Survey, Abstract 513, Tracts 2E, 3, 313, 4, 4A, 4C, 4D, 4E, 4E1, 4F, 4171, Mansions by the Vineyards, Block. A. Lot 1; Bear Creek Estates, Block 7, Lot 10; Al- Ko Southwest Addition, Block A, Lot 1 Commissioner Eggers, Chairman Young, and Commissioner Bright stated they agreed with the three recommended exclusions from the zoning change. Commissioner McMillon had no comments. Commissioner Shuler stated she did not believe the Planning and Zoning Commission should eliminate the Smith and Ba,ze properties, but that she could go either way on this, She stated she was in favor of leaving the three discussed items as they were. Commissioner Owens stated he agreed with the three exceptions, but asked where do we stop with exceptions, that it was not fair to citizens. He stated that if we do that to the Mansions by the Vineyard, we are doing it to the other folks. Commissioner Zahn stated the Planning and Zoning Commission could send the packet to Council as presented. He made the motion to approve the recommendation for#98- 29-ZC excluding the Parcel 57, Mansions by the 'vineyard Block A, Lot 1; Parcel 2 Pls,NNiNt AND 4GPdN C MMIC-SiON PAGE 1:4 MINUTES OF MAY 19,4:N8 Southland Corporation Block A, Lot 1; and parcel 61, Bear Creek Estates Block 7, Lot 10. Commissioner Eggers seconded the motion. The vote was as follows: Ayes: Commissioners Young, Bright, Shuler, Zahn, Eggers, McMillon, Owens Nays- Done The motion carried unanimously. ITEM 6 REPORTS ADJOURNMENT: There being no further business, Chairman Young adjourned the meeting at 10.42 p.m. Chairman Ron Ad oun Date uf�