HomeMy WebLinkAbout2012-11-06 PLANNING AND ZONING
NOVEMBER 6, 2012
MINUTES
The regular meeting of the Planning and Zoning Commission was called to order by
Chairman Richard McNeese at 6:34 p.m. for consideration of scheduled items in the
Council Chambers in City Hall of the Municipal Complex. Chairman Richard McNeese
stated there was a quorum of members of the Planning and Zoning Commission
present.
MEMBERS AND STAFF PRESENT: MEMBERS ABSENT:
Chairman Richard McNeese
Vice Chairman Troy Mennis
Commissioner David Brown
Commissioner Monty Huffman
Commissioner LuAnn Portugal
Commissioner Jeremy Tompkins
Commissioner George Zahn
Mike Collins, Director of Planning and Economic Development
Ron Young, Director of Public Works
Paul Smith, Division Chief/Fire Marshal
Stephen Cook, Senior Planner
Alicia Davenport, Administrative Secretary
VISITORS:
Linda Eilenfeldt
THE INVOCATION AND THE PLEDGE OF ALLEGIANCE: The Invocation was given
by Commissioner Zahn and the Pledge of Allegiance was given by Vice Chairman
Mennis.
ITEM 1 CONSIDER APPROVAL OF PLANNING AND ZONING MINUTES for
Regular Meeting of October 2, 2012.
Commissioner Portugal made a motion to approve the minutes for called meeting of
October 2, 2012. Commissioner Brown seconded the motion. The vote was as follows.
Ayes: Chairman McNeese, Commissioners Brown, Huffman, Portugal, and Zahn.
Nays: None
Abstention: Vice Chairman Mennis and Commissioner Tompkins
The motion carried (4-0-2)
Planning & Zoning Minutes - DRAFT November 6, 2012
ITEM 2 HOLD PUBLIC HEARING AND CONSIDER A RECOMMENDATION
REGARDING CASE NO. 12-11-CC TO AMEND PORTIONS OF
CHAPTER 84 "UNIFIED DEVELOPMENT CODE" BY ADOPTING NEW
DEFINITIONS, USES AND SPECIAL CONDITIONS BY USE TYPE FOR
TOBACCO PRODUCTS STORES.
Receive public input and consider a recommendation for an Ordinance to
amend Chapter 84 "Unified Development Code" by amending Article I,
Section 84-7 by providing a definition for tobacco products stores;
amending Article IV, Section 84-84 the permitted use table; and amending
Article IV, Section 84-85 the special conditions by use type.
Chairman McNeese opened the public hearing.
Stephen Cook, Senior Planner, gave a brief description of the case. The City of Euless
is requesting a modification to the Unified Development Code to provide specific
definitions for tobacco products stores, establish locations for those uses to be
permitted in and to identify conditions in which the uses must comply with in order to be
permitted. The City has determined that a proliferation and clustering of these uses can
have an unreasonable adverse effect on the citizens of Euless.
The definitions of the tobacco products stores will include any tobacco store, hookah
cafes, cigar stores and similar operations. These include places where the predominate
revenue from the business is the sales of tobacco products either for use on premises
or off-premises. The definition excludes any businesses that sell tobacco products in
•.r which greater than fifty percent of its revenue is derived from food, beverage or gasoline
fuel sales. This would exclude restaurants, drinking establishments and convenience
stores from this definition.
The proposed ordinance would require all future tobacco products stores to be located
within the industrial zoning districts through the approval of a Specific Use Permit.
As is the current ordinance requires, all tobacco products stores would not be allowed to
sell any products as listed as novelty items which are typically used in the use of illegal
drugs.
Additionally, tobacco products stores would be required to be setback five-hundred feet
from the right-of-way of Airport Freeway, SH 121, Euless Boulevard, and Industrial
Boulevard and setback five hundred feet from any residentially zoned property. Lastly,
any tobacco products stores would be required to be setback one thousand feet from
one another.
All existing tobacco products stores as defined in the ordinance, if they are not in
compliance with the new ordinance, would become legally existing non-conforming
uses. They would be required to register as non-conforming uses and would not be
allowed to be issued a new Certificate of Occupancy through change of ownership or
similar circumstances, unless the use is brought into conformance with the ordinance.
Page 2 of 6
Planning & Zoning Minutes - DRAFT November 6, 2012
Staff recommends approval of the zoning change.
.,O, Chairman McNeese asked for any proponents/opponents to come forward for any
comments. Seeing none, the public hearing was closed.
There were no comments or questions presented by the Commission.
Commissioner Zahn made a motion to recommend approval of Case #12-11-CC. Vice
Chairman Mennis seconded the motion. The vote was as follows.
Ayes: Chairman McNeese, Vice Chairman Mennis, Commissioners Huffman, Portugal,
Tompkins, and Zahn.
Nays: None
Abstention: Commissioner Brown
The motion carried (6-0-1)
ITEM 3 HOLD PUBLIC HEARING AND CONSIDER A RECOMMENDATION
REGARDING CASE NO. 12-12-CC TO AMEND PORTIONS OF
CHAPTER 84 "UNIFIED DEVELOPMENT CODE" BY ADOPTING NEW
DEFINITIONS, USES AND SPECIAL CONDITIONS BY USE TYPE FOR
.�.. TATTOO AND/OR BODY MODIFICATION STUDIOS.
Receive public input and consider a recommendation for an Ordinance to
amend Chapter 84 "Unified Development Code" by amending Article I,
Section 84-7 by providing a definition for tattoo and/or body modification
studios; amending Article IV, Section 84-84 the permitted use table; and
amending Article IV, Section 84-85 the special conditions by use type.
Chairman McNeese opened the public hearing.
Stephen Cook, Senior Planner, gave a brief description of the case. The City of Euless
is requesting a modification to the Unified Development Code to provide specific
definitions for tattoo and/or body modification studios, establish locations for those uses
to be permitted in and to create conditions in which the uses must comply with in order
to be permitted. The City has determined that a proliferation and clustering of these
uses can have an unreasonable adverse effect on the citizens of Euless.
The definitions of the tattoo and/or body modification studios would include any
businesses which are licensed by the State to operate tattooing, piercing and other
body modifications. The definition excludes places which only perform piercings for
ears. A separate definition is given for permanent make-up studios which are usually in
conjunction with beauty salons and spas.
Page 3 of 6
Planning & Zoning Minutes - DRAFT November 6, 2012
The proposed ordinance would require all future tattoo and/or body modification studios
to be located within the industrial zoning districts through the approval of a Specific Use
Permit.
IMO
Additionally, tattoo and/or body modification studios would be required to be setback
five-hundred feet from the right-of-way of Airport Freeway, SH 121, Euless Boulevard,
and Industrial Boulevard and setback five hundred feet from any residentially zoned
property. Lastly, any tattoo and/or body modification studios would be required to be
setback one thousand feet from one another.
All existing tattoo and/or body modification studios as defined in the ordinance, if they
are not in compliance with the new ordinance, would become legally existing non-
conforming uses. They would be required to register as non-conforming uses and would
not be allowed to be issued a new Certificate of Occupancy through change of
ownership or similar circumstances, unless the use is brought into conformance with the
ordinance.
Staff recommends approval of the zoning change.
Chairman McNeese asked for any proponents/opponents to come forward for any
comments. Seeing none, the public hearing was closed.
There were no comments or questions presented by the Commission.
... Commissioner Huffman made a motion to recommend approval of Case #12-12-CC.
Commissioner Tompkins seconded the motion. The vote was as follows.
Ayes: Chairman McNeese, Vice Chairman Mennis, Commissioners Brown, Huffman,
Portugal, Tompkins, and Zahn.
Nays: None
Abstention: None
The motion carried (7-0-0)
ITEM 4 HOLD PUBLIC HEARING AND CONSIDER A RECOMMENDATION
REGARDING CASE NO. 12-13-CC TO AMEND PORTIONS OF
CHAPTER 84 "UNIFIED DEVELOPMENT CODE" BY ADOPTING NEW
DEFINITIONS, USES AND SPECIAL CONDITIONS BY USE TYPE FOR
NON-DEPOSITORY FINANCIAL INSTITUTIONS.
Page 4 of 6
Planning & Zoning Minutes - DRAFT November 6, 2012
Receive public input and consider a recommendation for an Ordinance to
amend Chapter 84 "Unified Development Code" by amending Article I,
Section 84-7 by providing a definition for non-depository financial
institutions; amending Article IV, Section 84-84 the permitted use table
and amending Article IV, Section 84-85 the special conditions by use type.
Chairman McNeese opened the public hearing.
Stephen Cook, Senior Planner, gave a brief description of the case. The City of Euless
is requesting a modification to the Unified Development Code to provide specific
definitions for non-depository financial institutions, establish locations for those uses to
be permitted in and to identify conditions in which the uses must comply with in order to
be permitted. The City has determined that a proliferation and clustering of these uses
can have an unreasonable adverse effect on the citizens of Euless.
The definition of a non-depository financial institution will include any business which
falls under the definition of three categories: check casing businesses, payday/advance
loan businesses and car title loan businesses. Each of these categories has been
further defined by the ordinance. The primary definition excludes any state or federally
chartered bank, savings and loan association, credit union or pawnshop as these are
further regulated by the state. The definition also excludes convenience stores,
supermarkets or other retail establishments in which retail sales constitutes seventy-five
percent of the gross revenue.
—• The proposed ordinance would require all future non-depository financial institutions to
be located within the industrial zoning districts through the approval of a Specific Use
Permit.
Additionally, non-depository financial institutions would be required to be setback five-
hundred feet from the right-of-way of Airport Freeway, SH 121, Euless Boulevard, and
Industrial Boulevard and setback five hundred feet from any residentially zoned
property. Lastly, any non-depository financial institutions would be required to be
setback one thousand feet from one another.
All existing non-depository financial institutions as defined in the ordinance, if they are
not compliant with the ordinance, would become legally existing non-conforming uses.
They would be required to register as non-conforming uses and would not be allowed to
be issued a new Certificate of Occupancy through ownership change or similar
circumstances unless the use is brought into conformance with the ordinance.
Staff recommends approval of the zoning change.
Chairman McNeese asked for any proponents/opponents to come forward for any
comments. Seeing none, the public hearing was closed.
There were no comments or questions presented by the Commission.
Page 5 of 6
Planning & Zoning Minutes - DRAFT November 6, 2012
Commissioner Portugal made a motion to recommend approval of Case #12-13-CC.
Commissioner Brown seconded the motion. The vote was as follows.
Ayes: Chairman McNeese, Vice Chairman Mennis, Commissioners Brown, Huffman,
Portugal, Tompkins, and Zahn.
Nays: None
Abstention: None
The motion carried (7-0-0)
There being no further business the meeting was adjourned at 6:52 p.m.
; ,K,r�. y+t 1"A.n- J�
Chairman- cNeese Date
WON
Page 6 of 6