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HomeMy WebLinkAbout1977-10-04 • Regular Meeting Planning and Zoning Commission October 4, 1977 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:40 p.m. in the Council Chambers of Euless City Hall by Acting Chairman Neal Adams. Other members present were Mr. Bob Eden and Mrs. Helen Lightbody. (Absent were Messrs. Carl Tyson, Winn Porter, Robert Johnson, and Sam Munir) Also present were Director of Planning and Development Rick Barnes and Recording Secretary Becky Gunter. VISITORS Visitors in attendance were Messrs. R. W. Morgan, Walter A. Elliott, Tom Grizzelle, Mike Allen, R. J. Clark, Jr. , J. David Griffin, Ron Addison, Robert Beckwith, Pamsak Sribhem, David Whitaker, Bill Pasteur, Sam R. Cotton, and Mesdms. Willie Mae McCormick and R. J. Clark, Jr. INVOCATION The invocation was given by Mr. Eden. APPROVAL OF MINUTES Mr. Eden made a motion to approve the minutes of the regular meeting dated September 20, 1977, as written. Mrs. Lightbody seconded the motion and the vote is as follows : Ayes: Mr. Eden, Mrs. Lightbody, and Mr. Adams Nays: None Acting Chairman Adams declared the motion carried. C • (Page Two, Regular Meeting, Planning and Zoning Commission, October 4, 1977) PUBLIC HEARING - ZONING CASE NO. 262 REQUEST OF CENCOR SERVICES FOR CHANGE OF ZONING FROM "C-1" NEIGHBORHOOD BUSINESS DISTRICT TO "C-1" NEIGHBOR- HOOD BUSINESS DISTRICT WITH "SP" SPECIFIC USE PERMIT ON A PORTION OF BLOCK 3, OAK FOREST ADDITION. (PROPERTY LOCATED NORTH OF FAIR OAKS BLVD. ON THE WEST SIDE OF NORTH MAIN STREET) Mr. Sribhem stated he is a consulting engineer representing CenCor Associates of Kansas City and his office is located in Plano, Texas. He has represented CenCor Associates for numerous other schools they have built in this area. He showed a drawing of the outside plans of the typical school building. Ten car stalls will be provided for loading and unloading in addition to another ten parking spaces, for a total of twenty off- street parking spaces. There will be 4800 square feet of classroom space which will be sufficient for one hundred children. There is sufficient outside space to provide ninety-five square feet per child, which is above the state require- ment. CenCor is nationwide but is not franchised. There is a total of 128 schools in the United States, with twenty-six operating in the DFW area. They request the Specific Use Permit to allow a school in Euless. Mr. Eden asked what type of school it Ilw will be. Mr. Sribhem stated it is a day care center which takes care of children from two to six years old; it is not a kindergarten. Mr. Eden asked the number of employees. Mr. Sribhem stated normally there are six or seven employees including the director and cook. Mr. Eden asked what days the school will be open. Mr. Sribhem stated it will be open five days a week from 7:30 a.m. to 6:30 p.m. Mr. Adams asked if there is a fencing requirement. Mr. Sribhem stated they plan to erect a six foot chain link fence surrounding the property, or whatever the City requires. Mr. Barnes stated a solid fence would lir be required between the commercial use and the residentially zoned property, which the property is zoned that the church is located on. Mr. Sribhem stated they will conform to the City's requirements at the time the plot plan is submitted. (Page Three, Regular Meeting, Planning and Zoning Commission, October 4, 1977) Acting Chairman Adams read the zoning summary sheet concerning thoroughfare information as follows: "North Main Street is proposed to be a major thoroughfare in eighty feet of right-of-way. There exists adequate right-of-way for such a thoroughfare." and also the impact information as follows: "The re-zoning of this property to the designated use should have no significant impact on this area. However, adequate ingress and egress should be provided to the tract due to the nature and hours of operation." Mr. Adams stated it is apparent that adequate ingress and egress has been provided. Mr. Addison stated he is an attorney in Hurst and is representing the United Memorial Christian Church, which is located on the property immediately North of the subject property. He stated they are not in opposition to the Specific Use Permit, but would like for the City to consider any drainage problem that may develop due to the development of the day care center since there is only about ten to fifteen feet between the adjoining property line and the church parking lot. There has been a problem in the past with the drainage across the church property and about two months ago, the church ran an extension of an easement along the north side of the property to accomodate any drainage proposal that will be incor- porated in with the widening of North Main Street. There is also a question as to whether North Main Street will be a boulevard with an island dividing it. The church is in the process at this time of expanding and the location of the parking lot has not been determined and they are therefore concerned about having a median that would require a u-turn to get into the church. Concerning screening, the membership of the church is in agreement that a six foot stockade fence be erected. Mr. Eden stated the street will not effect the zoning of this property. Mr. Adams asked Mrs. McCormick if North Main Street will be a boulevard. Mrs. McCormick stated not that she is aware of. Mr. Sribhem stated they will work with both the church and the City concerning the drainage. Mr. Barnes asked where the Sinclair easement is located on the property. (Page Four, Regular Meeting, Planning and Zoning Commission, October 4, 1977) Mr. Sribhem indicated on the plat the location of the Sinclair pipeline easement. Mrs. Lightbody made a motion to recommend approval of the change of zoning from "C-1" Nieghborhood Business District to "C-1" Neighborhood Business District with "SP" Specific Use Permit for a day care center on a portion of Block 3, Oak Forest Addition as requested. Mr. Eden seconded the motion and the vote is as follows: Ayes: Mrs. Lightbody, Messrs. Eden and Adams Nays: None Acting Chairman Adams declared the motion carried. II . PUBLIC HEARING - ZONING CASE NO. 263 REQUEST OF UNIVEST CORP. FOR CHANGE OF ZONING FROM "R-3" MULTIPLE-FAMILY LOW DENSITY DWELLING DISTRICT AND "R-4" MULTIPLE-FAMILY MEDIUM DENSITY DWELLING DISTRICT TO "R-5" MULTIPLE-FAMILY HIGH DENSITY DWELLING DISTRICT ON A PORTION OF TRACT 3D AND 3F, J. MATSON SURVEY, ABSTRACT 1080. (PROPERTY LOCATED NORTH OF WEST PIPELINE, ON THE WEST SIDE OF WESTPARK WAY) Mr. Allen stated he is the president of Univest Corp. which is located at 6350 LBJ Freeway in Dallas. He stated they are the trustee and represent the owners of the property which is located in the northwest quadrant of Pipeline Road and Westpark Way. The corner lot is owned by Lloyd Bolton. The remainder of the tract, which they bought in 1972, fronts Pipeline Road and goes up to the Euless-Bedford city limits dividing line, up to the City park. The basic reason for the request for rezoning is to enhance the salability of the property to a developer. At the time the property was purchased five years ago, the North twenty-two acres was zoned "R-4", the next seven acres was zoned "R-3" and the two acre site on Pipeline was zoned "C-1", which is also the existing zoning of the property. At that time a site plan was done on the property showing the proposed use based on the existing zoning. As time passed, with tight mortgage money problems and various other problems and the fact that Westpark Way was never extended to the freeway, they were unable to sell the property. About a year ago they decided it would be best to try to rearrange the use of the property, which was a total of thirty-one acres, to try to create a sale. The North seventeen and a half acres was sold last June to Joe Fuchs and Darrell Chester and one other builder for a single family subdivision which has been platted into sixty-five lots. After the sale, a small area of "R-4" zoning remained, which was adjacent to the single family subdivision, and "R-3" zoning South (Page Five, Regular Meeting, Planning and Zoning Commission, October 4, 1977) of the "R-4". The problem is that the density permitted, particularly the "R-3" which allows twelve units per acre, was originally designed for a town house type of use and there is not a market for this type of develop- ment. With the "R-3" and "R-4" zoning, the average density is about thirteen and a half units per acre which is not salable. They are therefore, since the density has been lowered to the North, attempting to consolidate the units Southward. The property is not currently under contract but there are several developers who have expressed an interest in the property if it was zoned for a higher density. Mr. Allen gave to the Commission members a list comparing the original zonings and the requested zoning. The zoning when the property was acquired allowed a total of 436 units. By converting the North seventeen and a half acres to single-family, the total units was lowered considerably. An agreement was made with Joe Fuchs not to rezone anything within 200 feet of his single family subdivision, so the rezoning will be 225 feet South of his property. If the zoning change is granted, the total units will be 321 , which is about 110 units less than the original zoning would permit. The average density if the zoning change is granted would be twenty-two units per acre on the remaining eleven and a half acres. Acting Chairman Adams read the zoning summary sheet concerning thoroughfare information as follows: "Westpark Way is proposed to be a major thoroughfare in eighty feet of right-of-way. It is currently an unimproved two-lane county- type road." and also the impact information as follows: "Because of the single family subdivision proposed for a tract to the north (West Parkway Estates) currently zoned for multi-family, the overall density of the area would be less than originally planned for this area. Therefore, no additional impact would be created by the change of zoning." Mr. Allen stated the eighty feet of right-of-way has been dedicated. Acting Chairman Adams asked if there was anyone who would like to speak in opposition of the zoning request. Mr. Raymond Clark, of 1001 Westpark Way, stated that, although the overall density would be less, the majority of the density would be across from him. Mr. Adams asked Mr. Clark where his home is located. (Page Six, Regular Meeting, Planning and Zoning Commission, October 4, 1977) Mr. Clark indicated on the plat the location of his house, which is about 650 feet North of Pipeline. He stated that he was not in favor of the "R-3" or "R-4" zoning when it was requested but understood that a hospital was planned for a portion of the property. He stated the property was originally zoned "C-1". Mr. Adams stated the present zoning would allow from twelve units per acre on the "R-3" zoned property to sixteen units per acre on the "R-4" zoned property. Therefore, the change to "R-5" which allows up to twenty-four units per acre would only be a difference of from eight to twelve units per acre. Mr. Eden stated that 436 units were originally planned on the property and now there is proposed only 321 . Mr. Clark stated this is correct, however, all of the density will be across from him. Mr. Adams asked Mr. Clark if he had any other objections other than the density. Mr. Clark stated he did not. Mrs. Lightbody asked Mr. Clark if he objected to a hospital being built on the property. Mr. Clark stated he did not object as they wanted a hospital in this area. Mr. Adams stated the hospital would probably create more traffic than the apartments would. He asked Mr. Clark how long he has owned his property. Mr. Clark stated he has owned it since 1950. Mr. Adams asked Mr. Clark if he was aware that Westpark Way is designated as a major thoroughfare. Mr. Clark stated he is. Mr. Adams asked if there was any other opposition. Mr. Wayne Morgan stated he lives in Hurst but owns 28. 125 acres directly across the street from the Northerly portion of the subject property and he, and the group he represents, is highly in favor of the zoning change. (Page Seven, Regular Meeting, Planning and Zoning Commission, October 4, 1977) Mr. Tom Grizzelle stated he lives in Bedford and he was here when the property was originally zoned for apartments. At that time, he made a request of the Planning and Zoning Commission that, if apartments were allowed, please consider the fact that there is a lake on the other side of the fence. A provision needs to be made to keep children from climbing over the fence to fish. He does not mind for the children to fish on his property, but if one gets hurt, he could be sued. He, therefore, requests that a masonry fence at least ten feet high be required. Mr. Adams asked if he had any other objections other than the screening requirements. He stated he does not. Mrs. Wanda Bolton asked which side of the street the water, sewer and gas lines will be on. Mr. Adams stated the drainage and utility easements are not determining factors in the zoning request. When application is made for a building permit, they will have to meet the City' s requirements concerning these items. Mrs. Clark asked what type of apart- ments will be constructed. Mr. Adams stated this information is not required for a zoning change as this is only to determine the use of the property. Mr. Clark asked if they will be notified when plat approval is requested. Mr. Adams stated they will not. Mr. Eden made a motion to recommend approval of the change of zoning from "R-3" Multiple-Family Low Density Dwelling District and "R-4" Multiple-Family Medium Density Dwelling District to "R-5" Multiple-Family High Density Dwelling District on a portion of Tract 3D and 3F, J. Matson Survey, Abstract 1080 as requested. Mrs. Lightbody seconded the motion and the vote is as follows: Ayes : Mr. Eden, Mrs. Lightbody, and Mr. Adams Nays: None Acting Chairman Adams declared the motion carried. (Page Eight, Regular Meeting, Planning and Zoning Commission, October 4, 1977) III . CONSIDER PRELIMINARY AND FINAL PLATTING - LOT 3, BLOCK 1 , ECTOR GARDENS ADDITION. (PROPERTY LOCATED ON THE WEST SIDE OF SOUTH ECTOR DRIVE) Mr. Elliott stated he is representing the owner, Mr. W. W. McCormick, in his request for preliminary and final plat approval of Lot 3, Block 1 , Ector Gardens Addition. The property is located South of the building that Dr. Bennett is building on South Ector Drive. The intended use of the property is for wholesale and retail sales of cake supplies, the name of the business being Elizabeth' s Cake Supplies. Elizabeth's Cake Suppliesis presently located at the corner of Byers and Spur 350. However, that property is to be developed soon and they must relocate. The lot is 85 feet by 145 feet and the building will basically be the same design as Dr. Bennett' s building. The building will be so arranged to allow two retail stores if they wish to subdivide in the future. Application for a building permit should be made within the next two or three weeks if approval is granted. Mr. Adams asked what the square footage is of the building. Mrs. McCormick stated it will be about 1800 square feet. Mr. Elliott stated there will be more than adequate parking; there will be about fourteen and only about nine are required. Mr. Eden made a motion to recommend preliminary and final plat approval of Lot 3, Block 1 , Ector Gardens Addition, as requested. Mrs. Lightbody seconded the motion and the vote is as follows: Ayes: Mr. Eden, Mrs. Lightbody, and Mr. Adams Nays: None Acting Chairman Adams declared the motion carried. (Page Nine, Regular Meeting, Planning and Zoning Commission, October 4, 1977) I V. CONSIDER FINAL PLATTING - MEADOWVIEW ADDITION, PLATTING OF FIFTY-NINE LOTS LOCATED AT THE NORTHWEST CORNER OF HARWOOD ROAD AND FULLER-WISER ROAD Mr. Elliott stated he is representing the developers, Quadrangle Development Company, in their request for final plat approval of Meadowview Addition which contains fifty-nine lots. The owners of Quadrangle Development Company, Mr. Bill Pasteur, president, and Mr. Sam Cotton, vice-president and builder, are both present. The easement has been acquired for the sanitary sewer. Concerning item two of Mr. Lynch's letter, he feels it would be advantageous to Quadrangle Development Company to go ahead and build their portion of Harwood Road and Fuller-Wiser Road at this time due to the fact that it is now a small county type road. Therefore, this will not be a problem. In the event that they have a drainage and storm sewer to the North, they would have to acquire an easement. He has been corresponding with the owner to the North who indicated that he would try to work with them any way he could. A letter has been written to him and an easement to the City of Euless for drainage has been sent to him with the stipulation that if he ever wants to utilize the drainage easement for the extension of Meadowview Drive, then he could do so. He is the owner of Tracts 13 and 14 to the North. On tract 14, there is a small drainage lake that has been taking all of the drainage in the past. They are proposing to continue to drain into that lake. This easement has not been secured at this time, but they hope to have it before going to the City Council . However, this may not be possible due to the fact that Mr. Slaughter, who is the president of the Homestead Mineral Corp. located in Dallas, has his main office in Longbeach, California and is only in this area about once a month. It is imperative that they get plat approval at this time due to the fact that they plan to close the land on the 28th of October and financing has been arranged. The existing plan is to install a storm drainage system to pick up the drainage which will begin at approximately Lot 6 and will extend to the North property line with a proposed open ditch about 300 feet into the lake. Another inlet will be picked up on Lot 10. In the event they are not successful in obtaining this easement in time, they will delete Lots 6, 7, and 8 of Block 6, Lot 7 of Block 4, and Lots 10 and 11 of Block 2. They will not construct a permanent street, but will have an ingress-egress of about twenty feet of asphalt paving. The remaining portion of the subdivision will be developed. He is asking approval for the overall subdivision plat with the stipulation that if they do not have the easement acquired by the time they go to the City Council , that those lots not be included in the final plat. There is no drainage problem to the front of the subdivision. He stated that prior to the vote, Mr. Pasteur wants to speak to the Commission. Acting Chairman Adams requested that Mr. Lynch' s letter be made a part of the minutes. (Page Ten, Regular Meeting, Planning and Zoning Commission, October 4, 1977) Mr. Barnes stated that since the deletion of these lots could change the staff recommendation of the plat, the staff will need to look at the difference the deletion will make on the property before it goes to the City Council . Mr. Elliott stated he will make arrangements prior to the City Council meeting for the staff to review the plat. Mr. Bill Pasteur, with offices at 1004 West Euless Blvd. , stated he would like to discuss the philosophy of underground utilities in the City of Euless. He would like to request the Planning and Zoning Commission' s recommendation to the City Council that in the Meadowview Addition, underground utilities be waived and would like to explain the reasons why. Also, he would like for the ordinance governing underground utilities to be completely reviewed. After much deliberation, it is their opinion that underground utilities are expensive, serve no useful purpose, could cause a dangerous situation, and creates an extra cost that must be passed on and is therefore, an inflationary factor that is adding a burden to what is already an unprecedented escalating cost of home ownership. Mr. Adams stated he would be in favor of recommending to the City Council an amendment to the ordinance that would no longer make underground utilities mandatory. However, he stated neither the Planning and Zoning Commission nor the City Council have the authority to waive the ordinance requirement of underground utilities for Meadowview Addition; only the Zoning Board of Adjustment has the authority. Mr. Eden stated he also feels the City Council should review the ordinance and amend it to allow overhead utilities. Mrs. Lightbody stated she would like to wait about making a recommendation as she does not feel she has adequate information on the subject and would like to wait until such information can be gathered and reviewed. Mr. Adams stated the City Council also would probably want more information before considering an amendment and suggested that Mr. Barnes conduct a study of neighboring cities' requirements and review it with the other members of the Planning and Zoning Commission before making a recommendation to the City Council . Mrs. Lightbody made a motion to recommend final plat approval of Meadowview Addition subject to one of the two alternate methods of drainage; one as presented on the plat or the temporary deletion of six lots. Mr. Eden seconded the motion and the vote is as follows: (Page Eleven, Regular Meeting, Planning and Zoning Commission, October 4, 1977) Ayes: Mrs. Lightbody, Messrs. Eden, and Adams Nays: None Acting Chairman Adams declared the motion carried. V. ADJOURNMENT The meeting adjourned at 9:30 p.m. APPROVED: Chairman