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1961-05-15 CC MinutesMINUTES OF A REGULAR MEETING CITY COUNCIL FARMERS BRANCH, TEXAS May 15, 1961 The City Council met in a regular session on May 15, 1961 at the Community Building at 7:30 p.m. with the following members present: Mayor Oley E. Attebery Councilmen Sam Page H. N. Mallon Don Knox Bill Hamilton City Manager J. M. Orman Assistant City Manager John C. Dodson City Secretary Dorthanna Williams Councilman Wilsey was absent. Mayor Attebery called the meeting to order. Mr. Fl.avil Yeakley, Sr., pastor of the Webb Chapel Church of Christ gave the invocation. The minutes of May 1, 1961 were considered and approved. PUBLIC HEARING-BEN GOLDWARE-APAR'T'MENT BUILDINGS This Public Hearing was called to consider a request by Mr. Goldware to change from °'R-2" to Special Permit for Apartments on a tract of land on the east side of Dennis Road south of the Sunbeck Circle Addition. The Planning and Zoning Commission recommended approval subject to the following special conditions: (1) that an approved site plan be required; (2) that right-of-way necessary for the widening and realignment of Dennis Road be provided prior to the zone change and (3) that provision for drainage be provided in accord- ance with city requirements Mayor Attebery asked those in favor of the request to speak. Mr. Robert Hollin presented the plan for Mr. Goldware. He explained the property is owned by Goldware, Welmering and Wilcox. He be- lieved this to be the highest and best use for this property, apart- ments will be the best buffer zoning; more and more apartment areas will be needed due to industry now being developed in the Farmers Branch-Carrollton area. Councilman Mallon said, the bridge on Dennis Road is important, the City would be interested in getting a new bridge, it may ue reason- able for the property owners on each side of Dennis Road to build the bridge. Mayor Attebery asked, why are you leaving the area north of the expressway. Mr. Hollin said, the gas line is fixed, the Outer Loop is fixed and it will create a deep front yard. There will be 105 feet from the rear of the resident's property line to the rear of the apartment buildings. Page 89 Councilman Knox asked what type screening was proposed? Mr. Hollin said, five foot fence, trees and shrubs. Mayor Attebery asked how many acres were involved and when the project was proposed to begin. Mr. Hollin answered, thirteen acres and approximately twelve months. Councilman Page asked what land usage the Master Plan called for. Mr. Hollin said it is a transition area and no specific uses. Council- man Mallon asked about sewer. Mr. Hollin said they would probably follow the natural drainage. Mr. Forest A. Gard, 3121 Southland Center, said he has a lot in Sun- beck Circle Addition, under no circumstances could he secure a loan from a loan company with these proposed apartments. He thought it would be better to have smaller homes as a buffer zone. Mr, George Ruddle, 29j6 North Sunbeck Circle said, there are deed restrictions, the lots are 1 acre, he had been there eleven years, there will soon be eleven homes there, he believed the apartments would be detrimental to Sunbeck Circle. Fred Neidreck, 2963 North Sunbeck Circle said they would lose money on their homes. Mr. B.C. Bocquin, 2950 North Sunbeck Circle said, this is a deed restricted area and he would like to keep it that way and he also concurred with what the others had said. Others speaking against the request were: Mr. G. E. Mustain, 2926 South Sunbeck Circle; Mr. Barton Bern- stein, Tower Petroleum Building; Mrs. E. Lamar Dial, 2071 North Sun- beck Circle. Several of these people said they had not received notice of the public hearing held by the Planning and Zoning Commission. Councilman Hamilton moved, council defer action, return to Planning and Zoning Commission for proper public hearing; seconded by Council- man Knox, all voting "ayes'. City Attorney Louis Nichols was present at the hearing and he said that the proper notices had been mailed before the Public Hearing was held by the Planning and Zoning Commission. IMPROVEMENTS OF OLD SECTION OF CITY Mr. Bob Langdon presented a plan of improvement for the area bounded by Denton Drive, Havenhurst, Highway 35E and the south City limits. This plan includes paving and widening some streets and closing of other streets with a general cleaning up of the whole area. Council- man Knox moved, the Council adopt the plan as part of the City°s Master Plan and make it a part of the permanent records of the City, seconded by Councilman Page, all -voting "ayes". ORDINANCE NO. 286-SAND AND GRAIEL EXCAVATION ON VALLEY VIEW LANE City Manager Orman read the ordinance as prepared by the City Attor- ney. Mr. David D. Cahn, Realtor and Mr. Smith, who will do the excavation, objected to the provision in the ordinance which called for restricting operation not closer than 300 feet to Valley View Lane. They explained this 300 foot strip is the ipost important part of the Page 90 of the digging, it will cut out about half of the digging area, the pit on the other side of the road comes right up to Valley View Lane. Councilman Page asked how close to the road did they want to dig? Mr. Smith said, right up to the road. Councilman Page then asked, would you start reclamation almost immediately? Mr. Smith said, reclamation operation is almost simultaneous with digging. Council- man Page asked, how long a period are we talking about? k.r.. Smith said, not over days in any one place. Councilman Page asked, for what reason did the Plan Commission recommend not closer than 300 feet to Valley View? Mr. Napier said, the building depth, keeping it back off the road. Their primary concern is reclaiming the land. Councilman Mallon said, you must put something back in its place when you take something out, is it a reasonable request that they backfill equal to the shelf level. Mr. Smith said they were considering filling with garbage fill.. Councilmen Knox and Hamilton said this has not been brought out before. City Manager Orman explained the operation of garbage fill. Council- man Page asked, is there any way the City can require this type operation? The City Manager and Mr. Smith said this is standard procedure. Councilman Mallon said they shouldn't really care abo ut the 300 feet on a temporary basis six months or a year what is important is for it to be restored to the same useful condition; t he rest of the property could be restored a ny way suitable to them, the property would be better than it is n ow. They would not want a loner level any where in the area. Mr. :smith said, the back side of the property is about 10 feet lower than the front. Councilman Knox said he was not in favor of operation being closer to Valley View than 300 feet and not in favor of dumping garbage in the area. Mr. Shepherd said he thinks this operation will reclaim 13 acres that the City needs to have reclaimed. Councilman Hamilton said, if they cover the garbage he did not think it would be too bad, they will have to refill before they can do anything else with the area.. Councilman Page asked about offensive odors if they refill with garbage. Mr. Orman said, if it is done right it can be used as a refill. Attorney Nichols said a certified copy of the ordinance with the deed restrictions should be filed with the County. Councilman Page asked, should the land fill be spelled out in the ordinance? Mr. Nichols said, the City should have a separate ordinance to cover the whole City. Page 91 Mr. Cleo Toombs, who lives in the area, said he objects to the garbage unless it is covered up every day, but he does not object to their digging gravel. Mr. Webb Roberts said he objected to the garbage fill. Councilman Mallon suggested these changes, 300 feet to 100 feet and insert a paragraph "area within 300 feet of Valley View Lane must be restored to an elevation no lower than bench level as shown on map." (Map to be filed with City Secretary) Councilman Hamilton moved the ordinance be passed with these changes, seconded by Councilman Mallon, all voting "ayes".. Caption of the ordinance reads. AN ORDINANCE AUTHORIZING THE HEREINAFTER DESCRIBED PROPERTY TO BE USED FOR SAND AND GRAVEL EXCAVATION PURPOSES UNDER THE PROVISIONS BEING DESCRIBED AS A TRACT OF LAND CONSISTING OF 39.247 ACRES, AND BEING DESCRIBED AS TRACT 8 OF THE FRANCIS MILLER SURVEY, ABSTRACT X26, DALLAS COUNTY, TEXAS; RESTRICTIi: G SAID OPERATIONS TO AN AREA NOT CLOSER. THAN 100 FEET TO VALLEY VIEW LANE ; REQUIRING THAT SAID AREA BE BACK-FILLED AFTER THE EXCAVATIONS HAVE BEEN COMPLETED; PROHIBITING THE ISSUANCE OF BUILDING PERMITS UNTIL SAID BACK-FILLING IS COM- PLETE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF $200.00 FOR EACH OFFENSE; AND DECLARING AN ErIERGENCY . TRAFFIC PROBLEM ON LONGMEADE DRIVE Mr. Don Ericson, 13576 Birchlawn, appeared before the Council to request that something be done about the fast traffic on Longmeade Drive west of Webb Chapel Road. After a discussion with Mr. Eric- son the Council. requested that the City Manager and the City Engi_. neer re-study the traffic in the area and take necessary action. PUBLIC FIEARING-WLBB ROBERTS & DENVER SMITH The Mayor explained this hearing was called to consider a request by Webb Roberts and Denver Smith to change from "R-5' and 'L-M' Zoning to "L-M" with Special Permit that property on moth sides of Squire Place between knee and McClintock Streets. The Planning and coning Commission recommended approval subject to sevens special conditions. Mayor Attebery read the special conditions and the deed restrictions as suggested by Mr. Roberts and Mr. Smith. Mr. Roberts said, we have an area here that isn't good and it is going to get worse, the area is too small to be called a development but to improve it would improve the whole area. Mrs. PTO Gentry, 2503 Greenhurst; Mr. Sam Spradlin, 2502 Greenhurst Page 92 and Mr. Don Young, 2519 Greenhurst; all said any improvement in the area would be appreciated. They all objected to the present use of the property but would not like to see the traffic increased on Bee Street. They each felt the traffic could be routed from Denton Drive rather than Bee Street. Mr. Paul "Taller, 2559 Green-- hurst objected to the request. He said he thought they should leave it as it is, the proponents should develop the property that is already zoned commercial. Councilman Mallon said he personally thought it would improve the area and asked the resident's if they believed it would drag the area down. Mr. Spradlin said, Z do not believe so, any thing would improve what is there now. 1 1 Councilman Knox said he was against the request before and could not see any difference in the proposal from the last time, the property is not large enough to make a commercial area and there is a commercial zone near that should be used. Mr. Roberts said, this was zoned commercial at one time, before residence's were built; the City needs warehousing type property. He thinks this would be a start to making the area commercial. Councilman Knox asked, "why would this tend to make the whole area go commercial? Mr. Roberts said, environment. Councilman Hamilton also expressed the fact that he was against it at the last hearing. Councilman Page asked, what would we ever get on this property with- out this? He said he doubted the property will ever develop residentially. Councilman Mallon moved, approved the zoning change request as out- lined: (1) that all "C'' Commercial uses as listed in the current zoning ordinance be excluded from the uses allowed; (2) that an approved site plan be required; (3) that all buildings be set back at least 30 feet from Bee Street and that no parking or loading be allowed within this area; (4) that all means of ingress and egress to the property shall be approved by the City Council and that no driveway entrance and/or exits, except one paved alley, will be permitted on Bee Street; (5) that all drainage structures, parking areas, service driveways shall be installed in accordance with the requirements of the City and the developer shall bear the cost of such improvements, (C) that the applicants place the concerned property under deed restrictions as proposed in the application; with one exception, add: with exclusions as in Ordinance No. 230 seconded by Councilman Page; Councilmen Page and Mallon voting "aye", Council. went Knox and Hamilton voting "nay". Mayor Attebery said he felt quite sure this property would not be improved residentially and after discussion and consideration voted "aye". The ordinance was to be written for Council consideration by the next regular meeting. Page 93 Councilmen. Knox and Hamilton requested to go on record as reasons for objection; possibility of Bee Street traffic being increased by addition of L-M and Commercial area narrow street and heavy traffic hazards that will be created. APPOINTMENT OF BOARD OF ALIZATION Upon a motion by Councilman Knox, seconded by Councilman Page, the following appointments were made to the Board of Equalization for the current tax year: Ed Rhodes, Chairman, Barney Stewart, Howard Dennis and Bill Davis. FABRICATION PLANT FOR ALLIED STEEL COMPANY Mr. Nash Kelly of Allied Steel Company and Mr. Hiram Griffin, Realtor, were present to discuss with the Council their construction of a steel plant at Alpha and Inwood Roads. The plant is now located at 8200 Forest Lane. Mr. Napier, Director of Public Works, explained to the Council that this would be one of the permissible uses in the special permit area, it meets the specifications of Ordinance N0.230. Members of the Council discussed the type operation, noise, dust, etc. with Mr. Kelly. Councilman Page asked, when do you intend to build? Mr. Kelly said they will start construction right away. The Council felt the plant would not be objectionable in any way but they would like to get approval from the developers of the special permit area adjacent to this location. Mr. Griffin said he was sure Mr. Crossman and Mr. Phelps would not object to this plant, he would 'be glad to contact them and have them contact the Council. Mayor Attebery said they would at least like to get their ideas on it and the Council would give them a decision at their next meeting. Every- one was in agreement on this. APPOINTMEN'T'S TO PLANNING AND ZONING COMMISSION Upon a motion by Councilman Knox, seconded by Councilman Page, Mr. A. J. Airoldi, 13610 Tanglewood was appointed to replace Mr. Rufus Hunsaker and Mr. Charles Lindberg, 13539 Charcoal, to replace Mr. R. B. Howard. ORDINANCE NO. 287-STREET PROJECT NO. 5 Upon a motion by Councilman Knox, seconded by Councilman Mallon, all voting "ayes' an ordinance was passed appropriating funds for the Dennis Road project north of Valley View Lane. Caption of the ordinance: ALIT ORDINANCE SETTING FORTH AN ESTIMATE OF THE COST OF CONSTRUCTING CURBS AND GUTTERS AND STORM SEWERS ON DENNIS ROAD NORTH OF VALLEY VIEW LANE; APPROPRIATING FUNDS THEREFOR OUT OF THE STORM SEWER BOND FUND UNAPPROPRIATED SURPLUS AND DECLARING AN EMERGENCY. Adjournment. Dorthanna Williams, City Secretary Page 94