HomeMy WebLinkAbout1976-12-07 Regular Meeting
Planning and Zoning Commission
December 7, 1976
CALL TO ORDER
The regular meeting of the Planning
and Zoning Commission was called to order at 7:30 p.m. in the Council
Chambers of Euless City Hall by Chairman Tyson. Other members present were
Messrs. Dick Wells, Neal Adams, Sam Munir, Robert Johnson, and Mrs. Helen
Lightbody. (Absent was Mr. Troy Fuller)
Also present were Director of Planning
and Development, Don Pfrimmer and Recording Secretary, Becky Gunter.
VISITORS
Visitors in attendance were Messrs.
James Cribbs, Walter Elliott, Bob Wegner, John T. Lynch IV, Raymond Ozebek,
Jack Bullard, Charles Hunt, Jim Hickerson, and Mrs. Willie Mae McCormick.
INVOCATION
The invocation was given by Mr. Wells.
APPROVAL OF MINUTES
Mr. Adams made a motion to approve the
minutes of the regular meeting dated September 7, 1976, as written.
Mrs. Lightbody seconded the motion and
the vote is as follows:
Ayes: Mr. Adams, Mrs. Lightbody, Messrs. Wells and Tyson.
Nays: None
Chairman Tyson declared the motion
carried.
(Page Two, Regular Meeting, Planning & Zoning Commission, December 7, 1976)
CONSIDER PLAT APPROVAL - REQUEST OF
MR. CLARK MCKELVEY. PRELIMINARY
PLATTING OF A TRACT OF LAND IN THE
A.M. DOWNING SURVEY, ABSTRACT 415,
CLARK MCKELVEY ADDITION. (PROPERTY
LOCATED IN THE SOUTHWEST CORNER OF
THE INTERSECTION OF HWY. 157 AND
WEST EULESS BLVD.)
Mr. Elliott, with offices at 1004
West Euless Blvd. , stated he is representing Clark McKelvey and his wife, Jean.
The total property consists of Tracts 4B1 and 4B1A of the A. M. Downing Survey,
which was known as the McKelvey farm. Mr. McKelvey and his wife lived at that
location for about twenty-five years until moving to Justin about three years
ago. During that time, Mr. and Mrs. McKelvey sold the property but it came
back to them and they are now the owners.
Mr. Munir arrived at approximately
7:45 p.m.
Mr. Elliott stated the purpose of the
request is to subdivide the property and develop it. Mr. and Mrs. McKelvey are
under contract with Sambo' s Restaurants to sell the corner lot if the plat is
approved. Development will begin as soon as the property is sold. There is a
12 inch existing water line on Hwy. 157 and under Hwy. 183. However, the exact
location of the line on Hwy. 183 is not known at this time. A letter has been
written to the Highway Department concerning the permit to install curb and
gutter and plans will be submitted as soon as the plat is approved.
Mr. Elliott stated that it will be
necessary to secure two easements, one of which has been secured and the other
will be from Mr. and Mrs. McKelvey.
Chairman Tyson asked if the easements
will be dedicated.
Mr. Elliott stated they will be secured
by separate instrument at a later date.
Mr. Johnson arrived at approximately
7:55 p.m.
Chairman Tyson asked if there were any
plans at this time for Tracts 4B1 and 4B1A.
Mr. Elliott stated there were no plans
at this time.
(Page Three, Regular Meeting, Planning & Zoning Commission, December 7, 1976)
Mr. Adams asked where access to the
Sambo's Restaurant will be.
Ittro Mr. Elliott stated there will be access
to Sambo's off of Hwy. 157 and Hwy. 183 but there will not be a cross over at
either location.
Mr. Cribbs asked what the property is
zoned.
Mr. Pfrimmer stated the property is
zoned C-2. He also pointed out that the access drives to Sambo's are set back
100 feet from the intersection.
Mr. Elliott stated the entrance on the
North will be twenty-eight feet wide and the entrance on the East will be thirty
feet wide.
Chairman Tyson asked if there were any
more questions.
There were none.
Mr. Adams made a motion to recommend
preliminary plat approval of a tract of land in the A. M. Downing Survey,
Abstract 415, Clark McKelvey Addition.
Mr. Johnson seconded the motion and the
vote is as follows:
Ayes: Messrs. Adams, Johnson, Wells, Munir, Tyson, and Mrs. Lightbody.
Nays: None
Chairman Tyson declared the motion
carried.
II .
CONSIDER PLAT APPROVAL - REQUEST OF
MR. CLARK MCKELVEY. FINAL PLATTING
OF LOT 1 , BLOCK 1 , CLARK MCKELVEY
ADDITION. (PROPERTY LOCATED IN THE
SOUTHWEST CORNER OF THE INTERSECTION
OF HWY. 157 AND WEST EULESS BLVD.)
Chairman Tyson asked if further discussion
was necessary.
Mr. Wells made a motion to recommend
final plat approval of Lot 1 , Block 1 , Clark McKelvey Addition.
(Page Four, Regular Meeting, Planning & Zoning Commission, December 7, 1976)
Mrs. Lightbody seconded the motion and
the vote is as follows:
.. Ayes: Mr. Wells, Mrs. Lightbody, Messrs. Johnson, Adams, Tyson and Munir.
Nays: None
Chairman Tyson declared the motion
carried.
III .
EXPLANATION OF DFW AIRPORT NOISE ZONES -
PRESENTED BY MR. BOB WEGNER, DIRECTOR OF
REGIONAL PLANNING, NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS
Mr. Bob Wegner with North Central
Texas Council of Governments stated the purpose of the presentation is to
explain the origin and effect of the Airport Noise Zones.
Mr. Wegner stated in 1964 the Civil
Aeronautics Field determined that Love Field was too crowded. Based on a
prediction that by 1975 Love Field would reach its capacity and that it would
be unfeasible to enlarge it, in 1965 the DFW Regional Airport was proposed.
In 1966, NCTCOG was established, which
disproves the opinion of some that NCTCOG had a part in the planning of DFW
Airport.
The NCTCOG consists of 110 local
governments. Between 1967 and 1968, a study was conducted of the airport
environments and in 1969, construction was begun with the drainage work.
The Federal Aviation Association and
COG held an Air Craft Sound Seminar which was a day long session on how noise
travels.
In 1968, a map was prepared showing the
different noise zones. The first version of the map showed the CNR which is a
type of forecast of the results based on a prediction of travel .
In 1964, the Federal Aviation Association
was first developed which has a three-fold purpose: 1) to study the increase
and rapid growth of jets after WW II , 2) the number of airport encroachment
into land surrounding the airport, and 3) in order to accommodate air traffic,
the airport would have to expand and the FAA decided to try the air rating
system to allow the airport to be a good neighbor with surrounding uses.
In 1969, another Air Craft Sound Seminar
was held which included Euless and the School Districts. Ten cities were
provided extra funds to supplement the plan. Euless did not join this plan.
However, Irving did join and they used their money to develop an Airport Zoning
(Page Five, Regular Meeting, Planning & Zoning Commission, December 7, 1976)
Ordinance. The Airport Zoning Ordinance is in reality an ordinance that controls
the allowable heights of structures around the airport and other kinds of
lbw activities around the airport such as electronic devices. Therefore, the
Airport Zoning Ordinance is more of an airport height and hazard ordinance. A
study was also begun on airport impact which was a very broad study because
of funds.
In 1970, a public transportation study
was conducted to discuss access to the airport. The possibility of a rapid
transit rail was discussed.
In 1971 , since the airport was still under
construction, an ordinance for the airport was established and adopted by three
counties; Dallas, Denton, and Tarrant. Also at that time, a Board of Adjustments
was established.
In October of 1971 , a revised edition of
the map was made and in 1972 an Air Craft Sound Seminar was held to discuss the
new map.
In 1973, as a result of requests from
the City of Irving, COG undertook an airport compatible regulation study. This
study went beyond the zoning and it was discovered that if a building, which
normally would not be allowed in a certain zone, was sound proofed, it could be
permitted. COG then asked other cities to try to develop such regulations and
a draft was developed. The committee which developed the draft consisted not only
of COG staff but also others such as Jack Bullard, Bob Boswell , and T. White Page.
After the draft was developed and the other cities approved it, the next step was
to get approval for the final . At that time, there was a question by the
attorneys as to the legality of the regulations. On June 12, 1973 a meeting was
held with the attorneys and the Airport Const. Advisory Committee and it was the
opinion that due to the liability question, the item should be tabled to give
the attorneys time to discuss it. Therefore, on June 14th, a motion was made to
table the item until the legal questions concerning the liability were answered.
However, the study continued and certain guidelines were established but without
including any item that may be questionable.
Since that time, HUD has issued a set of
guidelines which are not as refined as those issued by the Airport Const.
Advisory Committee. Also, the HUD guidelines cover all types of noises, not just
those caused by an airport.
The EPA questioned how good the noise
rating was. There were five or six different noise indicators at the time. How-
ever, the EPA developed another noise indicator called Average Day Night Sound
Level which is much easier to compute, much easier to understand, and applies not
only to airplanes but to all noise. It therefore takes into account the total
noise picture.
At this time, Mr. Wegner distributed a
summary of the guidelines.
Mr. Wegner pointed out that COG has no
authority to tell any of the cities what to do. COG is the coordinator to work
with cities that are concerned.
(Page Six, Regular Meeting, Planning & Zoning Commission, December 7, 1976)
If the property located around an airport
is owned by one or more communities and the airport is owned by another community,
the EPA can cut off monetary support to the airport as they will not spend
Federal money if the desired use is not within the uses compatible to the zone.
The nearer to the airport, less
desirable it is to have residential or public assembly. Mr. Wegner read from
the zoning map the noise zones as follows:
Zone "A" - 85 to 100 Decimals
Zone of minimal effect. Auditoriums, churches, schools,
hospitals and theaters should have sound controls included.
Residential construction allowed.
Zone "B" - 100 to 115 Decimals
Zone of middle effect. Not suitable for residential
construction, open air activities, auditoriums, schools
churches, hospitals & theaters.
Zone "C" - 115 & Above Decimals
Zone of greatest effect. Land should be reserved for
industrial & commercial uses. Residential development
not recommended for this area.
Whereas the first map had only zones
A, B, and C, there are now more zones with finer lines. The SLR, Sound Level
Reduction, is explained in the Building Code.
Mr. Ozebek stated that it was indicated
that all of the zones were based on calculations and asked if the zones for
DFW Airport were computed merely by calculation or had an actual study of the
airport been conducted.
Mr. Wegner stated the zones were estab-
lished based on a study of the types of aircraft at DFW and projecting to the
years 1975 - 1985 when there will be added air strips. It is expected that
two things will happen at DFW Airport; 1) there will be quieter aircraft
because of manufacturing requirements and 2) there will be an increase in air
traffic which will offset the decrease in noise caused by the quieter aircraft.
Mr. Wegner stated he has a report of the
assumed types of aircraft to be used at DFW. However, super sonic aircraft such
as the Concord, was not considered. DFW Airport consists of 25 square miles.
Therefore, a majority of the C zone is located on Airport property.
Mr. Bullard asked if there would be a
problem getting government grants if HUD will not support it.
Mr. Wegner stated that when Euless reaches
50,000 in population, Euless will be eligible to receive the grants.
Chairman Tyson asked if all of the cities
adopted the Airport Zoning Ordinance.
. (Page Seven, Regular Meeting, Planning Zoning Commission, December 7, 1976)
Mr. Wegner stated that all but two or
three cities had adopted it.
Chairman Tyson asked if Euless had
tow adopted the ordinance.
Mr. Bullard stated Euless had members on
the Board but that Euless did not adopt the Airport Zoning Ordinance.
Mr. Pfrimmer stated that it had been
the .procedure in the past to refer a developer to the FAA for approval if he
wanted to develop within the airport noise zones.
Mr. Cribbs stated we have an aerial
easement requirement in Zone B to protect the airport since the proper sound
proofing is not known.
Mr. Elliott asked if it is fair for the
airport to locate and deny the area owners the use of their property.
Mr. Cribbs stated the property owners are
not denied use of their property.
Mr. Bullard stated if the City does not
follow the guidelines set forth, we will lose the loan money that can help
develop the property.
Mrs. McCormick asked if HUD would allow
any type of building in a C zone.
Mr. Wegner stated that certain types of
buildings were allowed in a C zone.
Mrs. McCormick asked what would be
necessary to make a house suitable to live in in that zone.
Mr. Wegner stated he could not answer that
question at this time as the amount of sound proofing necessary has not been
established.
Mrs. McCormick asked if the energy
saving requirement would not reduce the excess cost caused by sound requirements.
Mr. Wegner stated the noise requirements
are more stringent than the temperature insulation requirements. As for the tax
relief, it is a matter of fair play. When Hwy. 360 is extended, the property
will be ideally suited for industrial .
Mr. Cribbs stated that, just like the
HUD Flood Plan, there must be certain standards.
Mr. Bullard asked if the noise zones
were established based on the full extension of the airport.
(Page Eight, Regular Meeting, Planning & Zoning Commission, December 7, 1976)
Mr. Wegner stated it is a conservative
design based on the full extension of the airport with the health and safety
of human beings in mind.
There will not be one standard national
regulation as each airport is different.
Mr. Cribbs asked Mr. Wegner if he was
aware of what the City of Irving has planned for the area adjacent to the
airport.
Mr. Wegner stated he was not.
Mr. Cribbs asked if Euless runs a risk
of the EPA adopting regulations that will govern the city if we continue to do
as we have done in the past and not adopt the zoning ordinance.
Mr. Wegner stated an attorney would have
to answer that question.
IV.
ADJOURNMENT
The meeting adjourned at 9:15 p.m.
APPROVED: r
6aLrit'j
Chairman