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HomeMy WebLinkAbout1977-11-01 Regular Meeting Planning and Zoning Commission November 1 , 1977 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. in the Council Chambers of Euless City Hall by Chairman Carl Tyson. Other members present were Messrs. Bob Eden, Neal Adams, Robert Johnson, and Mrs. Helen Lightbody. (Absent were Messrs. Winn Porter and Sam Munir) Also present were Director of Planning and Development Rick Barnes and Recording Secretary Becky Gunter. VISITORS Visitors in attendance were Messrs. Rang W. Morgan, Graham Richardson, George Christian, Edward Bina, Phil Phillips, Troy Fuller, and Mesdms. Graciela D. Richardson, Patsy E. Bina, and Henry G. Richardson. INVOCATION The invocation was given by Mrs. Lightbody. APPROVAL OF MINUTES Mr. Johnson made a motion to approve the minutes of the regular meeting dated October 18, 1977, as written. Mr. Adams seconded the motion and the vote is as follows: Ayes: Messrs. Johnson, Adams, Tyson, and Mrs. Lightbody. Nays: None Chairman Tyson declared the motion carried. Mr. Eden arrived at this time. (Page Two, Regular Meeting, Planning and Zoning Commission, November 1 , 1977) 1`„ PUBLIC HEARING - ZONING CASE NO. 265 REQUEST OF SNEED KAKER FOR CHANGE OF ZONING FROM "R-1" SINGLE FAMILY RESIDENTIAL TO "C-2" COMMUNITY BUS- INESS DISTRICT ON A PORTION OF TRACT 1A, T. A. CASH SURVEY, ABSTRACT 280. (PROPERTY LOCATED SOUTH OF SPUR 350 AND EAST AND WEST OF THE PROPOSED EXTENSION OF WESTPARK WAY) Chairman Tyson stated the rules of a public hearing; proponents of the zoning case will be heard first and then opponents of the zoning case. Mr. Christian stated he resides in the City of Garland and is here in behalf of the owner of the property, Mrs. Richardson, and Mr. Kaker, who contracted for the property, and also Mr. Dale Hill , who represents E-Systems in Dallas who now has the contract under assignment. They do have users for the property; it is not just a speculation. He stated he has written out his ideas on the request which he presented to the Commission members and reads as follows: "The following changes are requested from the City of Euless, Texas on a 51 .701 acre tract in the T. A. Cash Survey, A-280 and the T. Jasper Survey, A-861 , City of Euless, Tarrant County, Texas: 1 . That zoning on 27. 14 acres of residential land be changed to C2 subject to the dedication of right- of-way for West Park Way; (Some future adjustments to the shape of the zoning may be necessary later to match the adjoining lot lines. ) 2. That a resolution be passed to allow the creek area through the 51 .701 acres to remain a natural green belt on the following conditions: A. It must be an integral part of the development such as garden-medical or garden office. B. The creeks when left natural must have the capacity to carry the water through the property." Mr. Christian stated the property is joined by single family zoning both to the east and south and joined by medical to the west and north, with an undeveloped tract to the northeast. (Page Three, Regular Meeting, Planning and Zoning Commission, November 1 , 1977) Mr. Christian stated that, at this time, Westpark Way stubs in as a county road on the south side and as a completed curbed and guttered asphalt road on the north side. He stated the footnote that states some future adjustments to the shape of the zoning may be necessary later to match the adjoining lot lines is because at this time, they are not certain how the lots will be arranged on the single family portion of the tract, which is to be developed almost immediately. The second part of the request is that the creek be allowed to remain in its natural state. The uses proposed for the property require this. It would be very difficult to use the property the way it is proposed if the typical concrete channel is required through the property. The intended use of the property is garden-medical . Concerning the users of the property, there is a single family developer who will be purchasing the single family portion of the tract to develop from twenty to twenty-five acres of single family. In addition, a group of local doctors in the city are interested in developing a medical facility on the property which will be similar to the Aerobic Center in Dallas, which has been built along a creek area similar to this. It has been landscaped and is extremely beautiful , and has a jogging tract. However, if the jogging tract were along a concrete embank- ment, participation would not be as great as it would be if it were along a natural green belt. The twelve acres in the northwest corner would be the medical development. The remainder of the property would also be zoned C-2 and developed into high-quality medical office, commercial uses which are compatible with what the doctors are developing. Although the C-2 zoning allows a number of uses, the purpose of the C-2 request is that the type of medical facilities they want to put there are only allowed in C-2. They anticipate a high-quality residential area as well as medical and commercial area. Mr. Christian stated the advantages to the city for this development are that the development is compatible to the area; single family will be placed adjacent to single family, medical will be adjacent to medical and C-2 will be adjacent to a major thorough- fare. Second, this will bring development; this is not a speculative type of maneuver. All but about ten to fifteen acres will be developed almost immediately if their plans go as anticipated. The user will not purchase the property if the property is not zoned. Perhaps the main advantage to the city is that it will open up access to the hospital and Spur 350. The right-of-way will be dedicated to the city and the road put in by the purchaser of the property. The final advantage is that it will create a beautiful development. Timing is very important in this project, which is the reason he is here at this time without a full set of plans. They are on a very short contract. Mrs. Richardson has had the property under contract in the past and it has not closed. Because of this and other reasons of her own, she does not wish to place it under a long term contract; December 5th is the closing date. They have a buyer that wants to purchase (Page Four, Regular Meeting, Planning and Zoning Commission, November 1 , 1977) the entire tract with a group of doctors wanting to purchase about twelve acres out of the property. Therefore, there will be about twelve acres of `I`, medical , twenty to twenty-five acres of single family, and the remainder used as medical offices or light commercial . Chairman Tyson asked Mr. Christian to clarify which part of the property is not under contract. Mr. Christian stated the entire 57 acre tract is under contract with E-Systems and there is another contract with the group of doctors to purchase the northwest twelve acres. The way the contracts are drawn up, if the doctors back out, then E-Systems would back out, and the way the zoning is requested, the zoning would then revert back to R-1 and everything would be back as it is. Mrs. Richardson does not want her property zoned unless it is sold. Mr. Adams stated the contracts are contingent on the zoning, and asked if the zoning change is requested to be subject to the closing of the contracts. Mr. Christian stated this is correct. He is requesting the zoning change subject to the right-of-way being dedicated which would not be dedicated without the closing of the contracts. Mr. Adams asked Mrs. Richardson if she would prefer the property to remain R-1 if the E-Systems contract does not consummate. 461' Mrs. Richardson stated if the zoning does not go through and the contract is not closed, she prefers that it remain R-1 for tax purposes. Mr. Adams stated that approval of the zoning case would therefore need to be made subject to the closing of the contract. Mrs. Lightbody asked Mr. Christian if he would object to C-1 zoning rather than C-2 adjacent to the residential property on the East. Mr. Christian stated medical offices are not allowed in C-1 zoning. However, it would be sufficient if it did include medical offices and related uses. The same developer will be develop- ing the houses and the remaining C-2 property, therefore an uncompatible use will not be developed next to the houses. Chairman Tyson stated there have been problems with creeks in the past. Since exactly what will be done on the property is not known at this time, it is not possible to determine the amount of water run-off produced on the property. He would, therefore, not be in favor of any type of resolution to allow the creek area to remain a natural green belt without further information. (Page Five, Regular Meeting, Planning and Zoning Commission, November 1 , 1977) Mr. Christian stated that if they do not know by December 5th whether or not the creek can remain a natural green belt, the doctors cannot buy the property. If the doctors cannot buy the property, E-Systems will not buy the property and it will go back to Mrs. Richardson and the road will not be dedicated. He has asked Mrs. Richardson for an extension but this has not been granted. Chairman Tyson stated he feels the Commission as well as the City Council would like for the creek to remain in its natural state as long as the proper water run-off can be provided. However, he does not feel a resolution requesting this can be recommended at this time because, depending on the amount of paving, this may not be the best recommendation. Mr. Troy Fuller stated he did not know what was planned on the property but he is in favor of what he has heard. He feels the preservation of the creek is a good idea. However, he does have a few items for discussion. It was agreed upon several years ago that whenever there is a zoning change requested next to the city limits line, the zoning of the adjacent property in the neighboring city would be considered. He, therefore, suggests the possibility of a Planned Develop- ment for medical facilities abutting Bedford. He asked Mr. Christian if he had considered the Planned Development. He further stated he does not feel the creek would be a flooding problem. Mr. Christian stated a Planned Development requires that the uses be defined and they are not at a point at this time where they can define the uses specifically. Chairman Tyson asked Mr. Barnes if a Specific Use Permit for medical uses only in C-2 zoning would be permissible. Mr. Barnes stated that a Specific Use Permit for medical and dental offices could be permitted in R-1 or R-2 zoning as defined by our ordinance. Mr. Johnson asked why the property could not be zoned C-1 with the ordinance amended to allow medical and dental offices and other compatible type uses. Mr. Christian stated this would take several months which they do not have. Chairman Tyson asked Mr. Christian if he would consider having the property remain R-1 with a Specific Use Permit for medical , dental , and related health field offices. Mr. Christian stated his purchaser is not present but he does not feel he could recommend that he purchase the property at the price requested and put $150,000.00 in the development of a road and have about fifteen acres zoned R-1 with a Specific Use Permit which would not allow the property to be used for any use other than medical . He feels he needs the flexibility of at least a C-1 zoning. (Page Six, Regular Meeting, Planning and Zoning Commission, November 1 , 1977) Mr. Johnson stated if the property is zoned C-2 and the purchaser later decides to sell the property, the new owner could put in any use that is permitted in the C-2 zoning. Mr. Christian stated he realizes this and asked if this could be prevented at the time of platting. Mr. Johnson stated it could not. The only solution would be a Planned Development. Chairman Tyson stated another solution would be the R-1 zoning with a Specific Use Permit for medical uses. Chairman Tyson asked if there were any other proponents. Mr. Rang Morgan stated he lives in Hurst but owns the 28. 125 acres immediately south of the subject tract, and he feels the development will add to the entire community. Mr. Adams asked Mr. Morgan if his property is West of Westpark Way. Mr. Morgan stated the majority of his property is on the east side of Westpark Way, with a small portion on the west side. Mr. Adams asked what the property is zoned. Mr. Morgan stated it is zoned R-1 and R-2. Chairman Tyson asked if the present Westpark Way goes up to the southern property line of the subject property. Mr. Barnes stated it does. Mrs. Richardson stated that, from a neighborhood viewpoint, the property is not an asset to the neighborhood at the present time; it is a motorcycle racetrack. From a community and fire standpoint, she feels it would be an advantage for the property to be developed. Chairman Tyson asked Mrs. Richardson if it would be possible to get an extension to the December 5th deadline. Mrs. Richardson stated that the taxes on this property are about $10,000.00 per year and she wants to sell it as soon as possible to relieve herself of this. (Page Seven, Regular Meeting, Planning and Zoning Commission, November 1 , 1977) Chairman Tyson stated the main purpose of the extension would be to work out the problem concerning drain- age. Without knowing exactly what is to be developed on the property, it is impossible to know the amount of run-off that can be expected. Mrs. Richardson stated she does not feel there will be a drainage problem. However, she does not know what effect the paving of the area all around the creek would have on the drainage. She does, however, know that after a heavy rain, the creek does not extend very far out of its banks. Mr. Edward Bina stated he lives at 608 Live Oak which is just adjacent to the subject property. Concerning the creek, in the three years he has lived there, he has only seen the creek rise about two or three feet. Also, there is about a twenty foot drainage ditch which would have to fill up before his property would flood. As a property owner right next to the development, he is very much in favor of the zoning change. Chairman Tyson asked if there were any other proponents. There were none. Chairman Tyson asked if there were any opponents to the zoning case. There were none. Mr. Adams asked Mr. Christian if he would be opposed to a resolution stating that the Planning and Zoning Commission is in favor of a green belt area as opposed to the concrete walls and floor, however, subject to the working out of any details with the engineering staff and the city staff. Mr. Christian stated he would not. Mr. Johnson stated there has been a problem in the past with the maintenance of green belt areas. If it is concrete lined, there is virtually no maintenance. However, if it is left a green belt, there is a question of who is responsible for the maintenance. Mr. Christian stated that about twelve acres versus about two and a half acres will be owned by the group of doctors. The tuition they intend to charge anyone that wants to use the facilities will be high enough to provide for, and will require the mainten- ance of the twelve acres. Mr. Johnson suggested the area in the twelve acres remain a green belt with the area in the two and a half acres being channeled. (Page Eight, Regular Meeting, Planning and Zoning Commission, November 1 , 1977) Mr. Christian stated this is a very expensive project and the additional cost could prevent the project from taking place. Mr. Adams stated in a recent sub- division a stipulation was added that a green belt area be allowed, not only if it was worked out with the city staff and engineers, but also with the stipulation that some means be developed between the developer and owner and city to authorize the city to come in and maintain it in the event the property owner did not do so. He asked Mr. Christian if an agreement of this type would be a problem. Mr. Christian stated he does not feel it would be. However, Dr. Taffle, who will be the owner of the majority of the property effected should be consulted. (Discussion among Commission. ) Mr. Adams made a motion to recommend approval of Zoning Case No. 265, request of Sneed Kaker for change of zoning from "R-1" Single Family Residential to "C-2" Community Business District on a portion of Tract 1A, T. A. Cash Survey, Abstract 280, subject to the consum- mation and closing of the contract sale on the subject property between Sneed Kaker or his successors and assigns as purchaser and Mrs. Richardson as seller, also subject to the consummation and closing of the contract between Dr. Taffle as purchaser and Sneed Kaker or his successors and assigns as seller on 11 .08 acres in the northwest corner of the subject tract. 46 Mr. Johnson seconded the motion and the vote is as follows: Ayes: Messrs. Adams, Johnson, Eden, Tyson, and Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. Mr. Adams made a motion to recommend to the City Council in connection to Zoning Case No. 265, that the creek area going through this tract remain a natural green belt subject to the engineering and maintenance problems being resolved between the property owners and the city staff. Mr. Eden seconded the motion and the vote is as follows: Ayes: Messrs. Adams, Eden, Tyson, Johnson, and Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. • . . , (Page Nine, Regular Meeting, Planning and Zoning Commission, November 1 , 1977) II . PRELIMINARY AND FINAL PLATTING LOTS 1 AND 2, BLOCK 1 , CASA BONITA ADDITION. (PROPERTY LOCATED WEST OF BYERS AVENUE, SOUTH OF SPUR 350) Mr. Phillips from Dallas, stated he is with Premier Properties and Casa Bonita, Inc. They are a restaurant company and they intend to build such on the subject property. He presented to the Commission photographs of the type of restaurant which will be developed on the property. Chairman Tyson asked on which lot the restaurant will be located. Mr. Phillips stated the restaurant will be developed on Lot 1 and there will be another purchaser for Lot 2. Chairman Tyson asked if the zoning is correct for this use. Mr. Phillips stated it is. Chairman Tyson read the City Engineer's letter which is to be made a part of the minutes. ILMr. Eden made a motion to recommend preliminary and final plat approval of Lots 1 and 2, Block 1 , Casa Bonita Addition, as requested. Mr. Adams seconded the motion and the vote is as follows: Ayes: Messrs. Eden, Adams, Johnson, Tyson, and Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. III . ADJOURNMENT The meeting adjourned at 9:50 p.m. (laAPPROVED: , j Chairman