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HomeMy WebLinkAbout1978-04-04 Regular Meeting Planning and Zoning Commission April 4, 1978 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 Messrs. Winn Porter, Bob Eden, Robert Johnson, and Sam Munir. (Absent were Mr. Carl Tyson and Mrs. Helen Lightbody) Also present were Director of Planning and Development Rick Barnes and Recording Secretary Becky Gunter. VISITORS Visitors in attendance were Messrs. Kent Flynn, Mike Allen, George Munger, Gary Yancy, Kenneth Vowell , Gerald Meason, M. Hogan, Mike Nichols, J. C. Taylor, Jr. , H. F. Willis, Harold E. Richards, Donald W. Massey, W. R. Denton, William Frank Fletcher, Ted Martin, and Mesdms. Betty Vowell , Virginia Owen, J. C. Taylor, Jr. , James Bates, H. F. Willis, D. R. Odom, Dorothy Richards, Lewis Sparks, Jr. , Marion Warren, and Ronald W. Albertson. INVOCATION The invocation was given by Mr. Eden. APPROVAL OF MINUTES Mr. Porter made a motion to approve the minutes of the regular meeting dated March 21 , 1978, as written. Mr. Eden seconded the motion and the vote is as follows: Ayes: Messrs. Porter, Eden, Adams, Johnson, and Munir Nays: None Acting Chairman Adams declared the motion carried. Or (Page Two, Regular Meeting, Planning and Zoning Commission, April 4, 1978) PUBLIC HEARING - ZONING CASE NO. 267, REQUEST OF OWEN HOMES, INC. FOR CHANGE OF ZONING FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "R-2" TWO FAMILY DWELLING DISTRICT ON LOTS 10 AND 11 , BLOCK 11 , CEDAR HILLS ESTATES. (PROPERTY LOCATED ON THE EAST SIDE OF BROADWAY, NORTH OF SUNSET AND SOUTH OF WHITNER) Acting Chairman Adams outlined the procedures of a public hearing; proponents will be heard first, then all in opposition, after which the hearing will be closed for a decision by the Commission. He declared the public hearing open and asked for a representa- tive of the requested zoning change. Mrs. Owenstated her address is P. 0. Box 794 in Euless and she is requesting a change of zoning on the two lots, Lots 10 and 11 , Block 11 of Cedar Hills Estates, for the purpose of con- structing duplexes on the property. Acting Chairman Adams stated that at the present time, Lots 2 thru 9 of Block 11 , which are located immediately North of the subject property, are zoned "R-2". Mrs. Owen stated this is correct. Acting Chairman Adams asked if con- struction would begin immediately. Mrs. Owen stated it would. Mr. Munir asked if the duplexes would be single story. Mrs. Owen stated they would be. Mr. Porter asked Mrs. Owen what type of construction she plans for the duplexes. Mrs. Owen stated they would be similar to those existing to the North. Acting Chairman Adams asked the zoning of the two lots South of the Subject property. (Page Three, Regular Meeting, Planning and Zoning Commission, April 4, 1978) Mr. Barnes stated they are zoned Acting Chairman Adams asked for any other proponents of the case. (There were none) He asked for any opponents. Mr. H. F. Willis of 909 Vine stated he owns the lots directly across the street from the subject property. In the 1960's, all of the property in the area was zoned for single-family dwelling. The existing apartments were constructed and then the zoning was changed to "R-2". Of the apartments, four are four-plexes and the other three are two- plexes, for a total of about twenty-two families which is overloading the sewer system in the area. He presented a petition signed by over twenty homeowners who are against the change of zoning. He stated he feels that if these two lots are changed to "R-2" the owners of the remaining vacant lots in the area will wish to do the same. Mr. J. C. Taylor stated he resides at 911 Vine which is Lot 12 of Block 12, and also owns Lot 15 of Block 12. He stated the owner of the duplexes requested a change of zoning on Lot 15 about five years ago to construct a four-plex, but was not granted the change. He stated he then purchased the property and is using it for a garden. He stated the people who rent the duplexes are not property owners and do not maintain the property as a homeowner would. Paper, bottles, and other garbage is left all over the yard, and blows into his yard. He therefore, is opposed to the zoning change request. Mr. Frank Fletcher of 859 Vine stated his property is located just North of the property zoned "R-2" on which the fourplexes are located. He had to build a fence across the back of his prop- erty to keep traffic from crossing the vacant lot to get to Vine Street. His vacant lot has become a public park for the children that live in the duplexes. They climb over the fence to play on his lot as there is not much room for them to play in the duplexes. He is therefore opposed to any change of zoning to "R-2" or higher. Mr. Ted Martin stated he resides at 904 Broadway and is very much opposed to the rezoning of the subject property. There are abandoned vehicles left in the driveway, the refuse containers are placed in the street which poses a driving hazard and there is activity at all hours of the night and day. Mrs. Richards stated she resides at 905 Vine which is located behind Mr. Martin's vacant lot. She stated Broadway is only two blocks long and opens onto Holleywood and Sunset; it does not open onto a major thoroughfare. Broadway is overloaded with traffic now and any increase would enhance the problem. There is also an existing sewer problem which would be enhanced by any additional duplexes or fourplexes. A (Page Four, Regular Meeting, Planning and Zoning Commission, April 4, 1978) Mr. Munir asked when the fourplexes were built. Mrs. Richards stated they were built in the early 1960' s. Acting Chairman Adams asked Mrs. Owen if construction would begin immediately. Mrs. Owen stated it would. The duplexes would be brick and would contain about 1700 square feet; 850 square feet on each side. Mr. Munir asked if a manager would live on the premises or would the duplexes be sold. Mrs. Owen stated she or her mother would live in one of the duplexes and rent the other. Mr. Johnson asked Mrs. Owen how long she has owned the property. Mrs. Owen stated she has owned the property for about a month. Mr. Munir asked what the use is of the property surrounding the subject property. Mr. Barnes stated the two lots to the South are vacant; there are five vacant lots across the street from the property, and the property to the East is all developed residential . There is no other "R-1" zoned property on the side of the street of the subject property between Whitner and Sunset. Mr. Eden asked Mr. Barnes about the sewer problem in the area. Mr. Barnes stated the sewer lines are six inch lines and there is the same problem in many older parts of the city. Therefore, there is standard annual maintenance performed on these lines. Acting Chairman Adams read the zoning case summary to be made a part of the minutes. He asked if there were any other opponents. There were none. Acting Chairman Adams declared the Public Hearing closed. (Page Five, Regular Meeting, Planning and Zoning Commission, April 4, 1978) Mr. Eden made a motion to recommend that change of zoning from "R-1" to "R-2" on Lots 10 and 11 , Block 11 of Cedar Hills Estates not be approved. Mr. Porter seconded the motion and the vote is as follows: Ayes : Messrs. Eden, Porter, Adams, Johnson, and Munir Nays: None Acting Chairman Adams declared the motion carried. Acting Chairman Adams stated Mrs. Owen' s request will automatically go before the City Council for a final decision and the property owners will not be notified of the date. Therefore, interested citizens will have to call the City Secretary for this information. II . PUBLIC HEARING - ZONING CASE NO. 268, REQUEST OF MICHAEL ALLEN FOR CHANGE OF ZONING FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "C-1" NEIGHBORHOOD BUSINESS DISTRICT, "C-2" COMMUNITY BUSINESS DIS- TRICT, AND "L-1" LIMITED INDUSTRIAL DIS- TRICT ON TRACT 3A3, S. HUITT SURVEY, ABSTRACT 705. (PROPERTY LOCATED EAST OF CARTER DRIVE, NORTH OF SPUR 350) Acting Chairman Adams declared the Public Hearing open and requested a representative of the requested zoning change. Mr. Mike Allen stated his office is located at 6350 LBJ Freeway in Dallas and is an agent for Dr. Floyd Norman, who is the owner of the property. He stated there was a request for change of zoning on the subject property about a year ago which the Planning and Zoning Commission approved. However, prior to being heard by the City Council , it was discovered that there were back taxes on the property. Therefore, it could not go before the City Council , thus the zoning change could not be approved. Since then, the man that owned the property at that time defaulted and lost the prop- erty through foreclosure. Dr. Norman was the note holder so he now owns the property. Dr. Norman has since paid the back taxes and is requesting basically the same zoning as requested previously. The only change is in the Northeast corner which was changed to "L-1" to match up with the surrounding zoning. At the time he requested the change of zoning, he did not realize the difference Ar (Page Six, Regular Meeting, Planning and Zoning Commission, April 4, 1978) between " I-1" Light Industrial and "L-1" Limited Industrial . If possible, the owner would prefer the " I -1" zoning instead of "L-1" as " I-1" does not require site plan approval . The "C-1" portion of the property would be util- ized for office use and the "L-1" and "C-2" zoned property would have uses within those zones. They request, partly because of requests of property owners last year, that Fuller Street be terminated at the West property line and have a screening wall between the "R-1" and "C-1" zoned properties. An agreement is under consideration with the same people interested in purchasing the property last year. They do not have immediate plans for development, but feel there will be development plans in the near future. In the event the property is not sold, they still feel the zoning is important as the necessity of rezoning is a deterrent to development. He does not feel the property could be developed residential as it is presently zoned. Mr. Eden asked Mr. Allen what effect he feels the "C-1" zoning will have on the existing homeowners. Mr. Allen stated the people he is representing feel this is a good location for office use since it has access to the freeway and the homeowners prefer office use to apartments. Mr. Eden asked what size offices are allowed in "C-1" zoning. Acting Chairman Adams stated the park- ing requirements have a great deal to do with the size of the office allowed. Mr. Allen stated they do not intend to construct a highrise office building; it probably will be either a one or two story building. Mr. Eden requested Mr. Allen to indicate on the map the location of the International Parkway extension. Mr. Porter asked if International Park- way will come out onto the Spur 350 service road. Mr. Allen stated it will . Acting Chairman Adams stated the State Highway Department has a proposed overpass for that highway at a future date. Mr. Eden asked if any of the traffic would flow through the residential area. Mr. Allen stated it would not if Fuller Street is terminated as intended. He asked Mr. Barnes if there is a possibility of changing the request from "L-1" to " I -1". Mr. Barnes stated it would not be permissible to request a less restrictive zoning after the property owners have been notified. (Page Seven, Regular Meeting, Planning and Zoning Commission, April 4, 1978) Mr. Allen stated they may make another request for the " I-1" zoning at a later date. Acting Chairman Adams asked if there were any other proponents. There were none. He asked if there were any opponents to the zoning case. Mr. Gary Yancy of 310 Carter asked if the zoning change is approved, a plat will not be required. Acting Chairman Adams stated a plat would be required. The zoning request just pertains to the uses allowed on the property. Mr. Yancy asked who would approve the closing of Fuller Street. Acting Chairman Adams stated this would come before the Planning and Zoning Commission and then the City Council . However, it is the intent of the Commission that Fuller Street be terminated. Mr. Yancy asked what maintenance pro- visions are in the ordinance concerning the screening wall . Acting Chairman Adams stated the ordi- nance requires a six foot fence. As far as maintenance, it would be the respon- sibility of the property owner who owns it at the time. Mr. Yancy asked if the property owner can be made to repair the screening fence if it is damaged. Acting Chairman Adams stated he can. Mr. Yancy stated he prefers the property to be zoned as presented rather than have apartments developed on the property. Mr. Don Massey of 211 East Fuller stated the only problem he sees is the traffic problem created by the development. If the commercial truck drivers miss their turn, they will have to drive through the residential area, down Fuller to get to the commercial property. The street has a fifty foot right-of-way and ten feet on each side is for curb and gutter which leaves only a thirty foot paved street. Most of the houses have single car garages but have at least two vehicles, which means one of them will be parked in the street. Therefore, there is only about ten feet to go between the cars which can be dangerous with commercial type vehicles. Acting Chairman Adams stated that a sign prohibiting commercial vehicles would probably be required when the prop- erty is platted. (Page Eight, Regular Meeting, Planning and Zoning Commission, April 4, 1978) Mrs. Albertson of 304 Carter stated she is against the change of zoning. However, she prefers this zoning to apartments. She asked how long it would be before the overpass is constructed. Acting Chairman Adams stated the over- pass will be constructed by the State Highway Department and he does not know when it will be; it depends on their funds. Mrs. Albertson asked if "L-1" zoning requires the property to be landscaped. Acting Chairman Adams stated there is an environmental requirement in "L-1". Mr. Barnes stated a public hearing on the site plan would be required and the property owners within 200 feet would be notified of the date. Mrs. Albertson asked if the Commission still had a copy of the restrictions required last year on the "C-1" property. Acting Chairman Adams stated they would be listed in the minutes of that meeting. Mr. Johnson stated the restrictions included a requirement that windows above the first story have no visual access to the residential property to the West, and the termination of Fuller Street at the West property line of the subject property. Acting Chairman Adams stated the zoning request last year was changed from "C-1" to "SP" for office uses only. Mrs. Albertson requested that the same stipulations remain as well as the Specific Use Permit for offices. Acting Chairman Adams stated it was discovered later that the Specific Use Permit requested last year was not adequate; a Planned Development would be necessary for the submission of a site plan. If the property is zoned "C-1", the stipulations cannot be required. Acting Chairman Adams asked if there were any others in opposition. There were none. He asked Mr. Allen if he had any further comments. Mr. Allen stated they recognize the traffic problem and they too wish it were not there. They will encourage a no commercial or truck traffic restriction through the residential area. Concerning the stipulations, he sees no problem provided that windows are allowed on the (Page Nine, Regular Meeting, Planning and Zoning Commission, April 4, 1978) second floor if they adhere to the no visual access stipulation; they would not want to be prevented from having any windows whatsoever. Acting Chairman Adams stated there was some confusion at the meeting last year as to whether or not stipulations could be put on a zoning case. It was learned later that they cannot be added unless it is a Planned Development type zoning. Mr. Allen stated he would object to a Planned Development because of the expense and complications involved. Acting Chairman Adams asked if there were any further questions. There were none. Mr. Adams declared the Public Hearing closed. Acting Chairman Adams requested the zoning case summary be made a part of the minutes. Mr. Johnson made a motion to recommend approval of Zoning Case No. 268 as submitted by Mr. Allen with the stipulations that Fuller Street be terminated at the West property line of the subject property, all windows on or above the second story be screened from visual access to the residential property to the West but not to interfere with natural light, and that the screening wall be of masonry construction. Acting Chairman Adams stated that the Commission does not have the authority to place stipulations on the zoning case. However, they can recommend stipulations. Mr. Johnson amended his motion to recommend approval of Zoning Case No. 268 as submitted by Mr. Allen with the recommended stipulations that Fuller Street be terminated at the West property line of the subject property, all windows on or above the second story be screened from visual access to the residential property to the West but not to interfere with natural light, and that the screening wall be of masonry con- struction. Mr. Munir seconded the amended motion and the vote is as follows: Ayes: Messrs. Johnson, Munir, Adams, Eden, and Porter Nays: None Acting Chairman Adams declared the motion carried. (Page Ten, Regular Meeting, Planning and Zoning Commission, April 4, 1978) Acting Chairman Adams stated Mr. Allen' s request will go before the City Council for a final decision and the property owners will not be notified of the date. Therefore, they will have to get the information from the City Secretary. III . ADJOURNMENT The meeting adjourned at 9:00 p.m. APPROVED::' Chairman �y�