HomeMy WebLinkAbout1979-09-18 Regular Meeting
Planning and Zoning Commission
September 18, 1979
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 Carl Tyson. Other members
present were Messrs. John Deithloff, Bob Eden, Bob Williamson, and Mrs.
Helen Lightbody. Absent were Messrs. Neal Adams and Chris Jones.
Also present were Director of Planning
and Development Kent Flynn and recording secretary Diana Lucas.
VISITORS
Visitors in attendance were Messrs.
Joe Howell , Gordon Swift, Les Jaggers, David Bagwell , Ron Haynes, and Mrs.
Willie Mae McCormick.
INVOCATION
41) The invocation was given by Mr. Eden.
APPROVAL OF MINUTES
Mrs. Lightbody made a motion to approve
the minutes of the regular meeting dated August 21 , 1979.
Mr. Williamson seconded the motion and
the vote was as follows:
Ayes: Mrs. Lightbody and Messrs. Deithloff, Eden, Tyson and Williamson.
Nays: None
Acting Chairman Tyson declared the motion
carried.
PUBLIC HEARING - ZONING CASE 293.
REQUEST OF LES JAGGERS FOR CHANGE
OF ZONING FROM "C-2" COMMUNITY
BUSINESS DISTRICT TO "C-2" WITH "SP"
COMMUNITY BUSINESS DISTRICT WITH
SPECIFIC USE PERMIT ON LOT 3, BLOCK 2,
BELL INDUSTRIAL DISTRICT LOCATED SOUTH
OF HIGHWAY 183, NORTH OF SOUTH PIPELINE
ROAD AND WEST OF RAIDER DRIVE.
(Page Two, Regular Meeting, Planning & Zoning Commission, September 18, 1979)
Acting Chairman Tyson stated the rules of
a public hearing; proponents will be heard first, and then opponents. He
opened the public hearing.
Mr. Les Jaggers of 2520 W. Irving Boulevard,
Irving, Texas, stated he represents Agency Rent-A-Car on the aforementioned
property and that he requested the change of zoning. He further stated that
his purpose was to recondition and sell automobiles at this location.
Acting Chairman Tyson asked Mr. Jaggers
how many automobiles will be there at one time.
Mr. Jaggers stated that he would have
sixty-five cars located on the property.
Acting Chairman Tyson inquired as to the
location of the property and what businesses existed around him.
Mr. Jaggers stated that the property is
located east of the Elks Club and west of a body shop and added that all
trash had been removed, but that the property still needs more work done.
Acting Chairman Tyson inquired if there
is anything on the ground besides asphalt.
41) Mr. Jaggers stated there was nothing on
the ground but asphalt.
Mrs. Lightbody inquired if there is any
information from the staff other than the "Land Use Summary" and requested
more information from Mr. Flynn.
Mr. Flynn stated that the property is
zoned "C-2" and adjacent to this site on the east is a body shop. On the
west, there is a problem with the wood pile and storage area. Both of these
commercial areas are adjacent to an industrial district. Along Highway 183,
there is a three hundred foot strip of commercial zoning, and the land to
the south is industrial . North of Highway 183 is located the Plaza Grande
Shopping Center. Car lots have been added to Specific Use permits within
the last two years. Prior to that time, car lots were allowed without
consideration if located in the "C-2" zoning. Mr. Flynn further stated
that, since similar type uses now exist in that area, this would not be
a detriment to the property surrounding it. He stated there is a problem
with vacancies along Highway 183; there is an overabundance of "C-2" zoning
with forty percent being occupied and sixty percent vacant. The greatest
percentage of vacant commercial land is in the area in question. Therefore,
there is a need to develop it. He stated that, with a Specific Use permit,
the Planning and Zoning Commission can regulate how the land is developed
besides just regulating the use. In commercial zoning without Specific Use
permits, the Commission has no opportunity to regulate development.
(Page Three, Regular Meeting, Planning & Zoning Commission, September 18, 1979)
Acting Chairman Tyson stated that he
thought involvement in auto sales required asphalt for a sales lot.
Mr. Flynn stated that asphalt paving is
required for all parking lots and comes under the City's building requirements.
There being no further questions, proponents,
or opponents, Acting Chairman Tyson stated that the public hearing on the
zoning case is closed and opened the floor for discussion among board members.
Mr. Eden stated that he believed this
business would be an asset to that area.
Acting Chairman Tyson stated that he had
nothing against this zoning case and that it would be a good location for a
car lot.
Mr. Eden made a motion recommending to the
City Council that this zoning case be approved.
Mrs. Lightbody seconded the motion.
Acting Chairman Tyson called for a vote
on the motion and second.
® The vote on Mr. Eden's motion is as follows:
Ayes: Messrs. Eden, Deithloff, Tyson, Williamson, and Mrs. Lightbody.
Nays: None
Acting Chairman Tyson declared the motion
carried.
II .
CONSIDER REVISION OF REQUIRED
SUBMITTAL PROCEDURES FOR ZONING
CHANGE REQUESTS AND SUB-DIVISION
PLATS.
Acting Chairman Tyson declared the public
hearing open and that he would like to discuss the Alternative Time Schedule,
presented to the Planning and Zoning Commision by Kent Flynn, point-by-point.
Mrs. Lightbody stated that any improvement will
be an improvement.
Acting Chairman Tyson stated that his main
concern is the proposed eight-day period for the developer to revise his plans.
Mr. Flynn stated that he would like to have
a deadline for revised plans so that the developer knows what revisions and
additions must be made and can schedule time for this before plans go to the
Planning and Zoning Commission.
(Page Four, Regular Meeting, Planning & Zoning Commission, September 18, 1979)
Mr. Eden stated that there should be no
problem for the developer to have eight days for plan revision, if this
period is scheduled into the developer's normal schedule so he can plan on
it.
Mrs. Lightbody stated that she wanted to
be sure that plans are reviewed properly and that the Commission should not
be rushed as much as now. She further stated that if the eight-day deadline
is not met, the City Staff should not allow plans to go on to the Planning
and Zoning Commission.
Acting Chairman Tyson stated that he
wants the minimum time possible because time is money to the developer.
Mr. Eden stated that he is not sure the
developer needs eight days to make corrections, but he wants to cooperate
with the developers with guidelines set by ordinances. If the Staff says
eight days is necessary, he will go along with this recommendation.
Mr. David Bagwell , with Crow Development
Company, stated that he prefers to have as much time as possible for preparing
plans but that he also would like the plans to go to the Planning and Zoning
Commission as soon as possible.
® Mr. Gordon Swift, a Consulting Engineer
from Fort Worth, Texas, stated that the City of Fort Worth has a policy
where the developer goes to the Planning and Zoning Commission once with
the plat and the plat never goes to the City Council . He further stated
that the City of Euless has two procedures versus the City of Fort Worth
having one procedure because, in Euless, both the Planning and Zoning
Commission and the City Council must approve plats.
Mr. Eden stated that he relies heavily
on the Staff, and that if, in their discretion, plans are not complete,
then the Staff should not place the plat on the agenda or should recommend
denial and the Commission should concur with that recommendation.
Mr. Flynn stated that Staff could do this
but that most all plans have something left off the first time they see them.
If Staff does not give the developer's engineer a chance to revise them and
go on to the Planning and Zoning meeting, then he has to wait until the next
meeting two weeks later. The problem now is that there is only time for the
first review and no time to get revised plans back and reviewed before the
Planning and Zoning meeting.
Acting Chairman Tyson stated that he did
not want to put Staff in the difficult position of having to interpret how
complete plans were and then deciding to postpone a plat for two weeks because
it was incomplete.
(Page Five, Regular Meeting, Planning & Zoning Commission, September 18, 1979)
111410
Acting Chairman Tyson stated that,
according to the Alternative Time Schedule, Staff would mail Commissioners
packets on the Thursday before the meeting so Commissioners would get them
Friday. He stated further that if they were mailed Friday, he would have
enough time to review them.
Mrs. Lightbody stated that packets are
now mailed on Fridays and she does not get hers until the Monday before the
meeting and that she needs more time to adequately prepare.
Mr. Deithloff stated that he would prefer
to get his Friday so he could review Friday and over the weekend.
Mr. Knight stated that if plans were
complete according to the major intent of the ordinance, then fifteen to
eighteen days would be adequate.
Acting Chairman Tyson asked if the
Commission should table a decision for further discussion.
Mr. Flynn stated that he saw three options:
1) Approve the Alternative Time Schedule so that from the outset the
developer would schedule time for revision of plans and would plan
41) to work with Staff to eliminate technical problems before the meeting.
2) Continue with only one Staff review and no revision of plats and plans
before P&Z. With this option, the Commission would be asking the
Staff to decide which plats are complete enough to go on to the
Planning and Zoning agenda and would need to be prepared for more
technical comments.
3) Postpone a decision until the next meeting, so members could consider
further and so that Staff could draw up other alternatives which might
be combinations of the two above.
Mr. Deithloff stated that the present
preparation time was inadequate and that he did not favor more comments because
that just raised more questions at the meetings. He suggested that Commissioners
should rely on the Staff recommendation because there was no way he could
comprehend one day in the life of a Staff member without actually walking in
his shoes.
Mr. Flynn stated that the proposed alternative
was designed to give the developer a review time period that he could schedule
for and allow for. He asked if developers needed a deadline to plan on or
would they prefer to just be notified which agenda they were going to be on
after the Staff felt that they had a satisfactory set of plans?
(Page Six, Regular Meeting, Planning & Zoning Commission, September 18, 1979)
4110
Mr. Eden stated that the developer definitely
needed a deadline that he could plan on.
Acting Chairman Tyson stated that the
proposed deadline, according to the Alternative Time Schedule, would be about
average with other cities, which require twenty-one days for zoning and
eighteen days for platting. He suggested that the Alternative Time Schedule
could be tried and the Staff could keep the Commission informed on how it was
working.
Mr. Williamson stated that if a twenty-two-
day deadline before P&Z was adopted, then the total time for approval of a
sub-division under optimum conditions would be seventy-one days versus fifty-
one days now. This would be from application of preliminary plat through
City Council approval of final plat.
Acting Chairman Tyson stated that Texas
law states that only the Planning and Zoning Commission has final authority
over plat approval .
Mr. Flynn stated that the Staff had been
increasingly rushed over the last year, causing Commissioners ' packets to be
frequently prepared at the last minute. This problem has been a direct result
of more development in Euless and delays in getting revised plans back before
41) the Planning and Zoning meeting. The need for more time is greatest for
platting as fifteen days would probably be adequate for zoning. Staff hopes
to be even busier in the years ahead as we hope development will increase.
He stated that the proposed Alternative Time Schedule is an attempt to
schedule time for Staff to work with developers to eliminate problems. He
further stated that he felt that scheduling this help in, so the developer
could plan accordingly, would create a more cooperative working relationship
than if the Staff were to take plans, review them, and then tell a developer
that his plans were not complete so he could not go on the P&Z agend he had
planned on.
Mrs. Lightbody made a motion to require
sub-division plats be submitted to the Director of Planning and Development
sixteen (16) working days prior to the Planning and Zoning meeting and for
zoning change applications to be submitted eleven (11) working days prior
to the Planning and Zoning meetings.
Mr. Deithloff seconded the motion.
The vote on the motion was as follows:
Ayes: Mrs. Lightbody, Messrs. Deithloff, Eden, Tyson and Williamson.
Nays: None
C
(Page Seven, Regular Meeting, Planning & Zoning Commission, September 18, 1979)
III .
REPORT ON RECENT AMENDMENTS
TO SUB-DIVISION RULES AND
REGULATIONS ORDINANCE.
Mr. Flynn read to the Commission the
above mentioned report.
IV.
CONSIDER REVISION OF EXISTING
YARD REQUIREMENTS AS SET FORTH
IN ZONING ORDINANCE NO. 347,
SECTION 7-102.
Acting Chairman Tyson stated that the
City Council requested the Planning and Zoning Commission to review side
lot requirements with guidelines that they not be reduced more than five
feet and eight feet, a unanimous vote in the City Council . He stated that
the purpose of five and twelve feet sideyards was to allow access to the
rear yard with recreational vehicles, boat and trailer, etc. He then gave
a brief history (back to 1973) of five and twelve feet requirements.
Mr. Eden stated that larger homes are
being built on smaller lots today due to a change in building trends. He
agreed with the cutting down on sideyards for people to afford homes.
Mrs. McCormick stated that the City Council
believed that eight feet was not enough room to allow for easy access to the
back and that an extra four feet would provide enough room.
Mr. Knight stated that a standard auto-
mobile is about seven and one-half feet wide and that eight feet might prohibit
getting a boat or motorhone into the rear yard. He further stated that nine
feet would be more appropriate, but at that, difficulty still exists for
building material trucks, larger motorhomes, etc.
Mrs. McCormick referred to the letter of
September 18, 1979, regarding sideyard requirements.
Mr. Flynn stated that an overhang is part
of a setback and can extend past the setback.
Mr. Deithloff stated that the trend is to
put the maximum size building on the smallest piece of property.
Acting Chairman Tyson stated that the
intent of the change is to get into the backyard and that one needs only to
require eight feet if there is a one-foot overhang.
(Page Eight, Regular Meeting, Planning & Zoning Commission, September 18, 1979)
Mr. Swift presented diagrams showing
five-feet and five-feet sideyards and distributed a development cost comparison
example showing the difference in five-feet and twelve-feet sideyards and
five-feet and five-feet sideyards.
Mr. Joe Howell , a developer, explained
the economics of the cost difference detail between five-feet and five-feet
sideyards and five-feet and twelve-feet sideyards, and he further stated
that if housing costs continue to rise, the consumer will be priced out
of the housing market.
Mr. Bagwell stated that he concurred with
all statments made by Mr. Swift and Mr. Howell regarding sideyards.
Acting Chairman Tyson asked Mr. Swift
if he plans to change the lot sizes in Northill Estates if sideyard require-
ments are changed.
Mr. Swift stated that he had no plans to
reduce the lot sizes in Northill Estates. He further stated that he has doubts
that the project will be built if sideyard requirements remain five feet and
twelve feet.
Acting Chairman Tyson stated that the City
41) Council had directed the Planning and Zoning Commission not to go narrower than
five feet and eight feet, and that he thinks eight feet will allow entrance
into the rear yard with the one-foot overhang on the side.
Mr. Flynn read the Ordinance definition
for sideyard which stated that an overhang of up to two feet is permitted
into the sideyard.
Mr. Eden stated that he wants to see the
entire Sub-division Ordinance reviewed and that he agrees with the developers
in attendance that corners will have to be cut to allow consumers to buy homes.
Mr. Eden made a motion to recommend to the
City Council that sideyards become five feet and nine feet.
Mr. Williamson seconded the motion.
Acting Chairman Tyson asked if there is
a discussion of the motion.
Mr. Deithloff stated that the City Council 's
recommendation of five feet and eight feet is correct, in his opinion.
There being no further discussion, Acting
Chairman Tyson asked for a vote on the motion and second, and the vote was as
follows:
Ayes: Messrs. Eden, Williamson, Tyson, and Mrs. Lightbody.
Nays: Mr. Deithloff
(Page Nine, Regular Meeting, Planning & Zoning Commission, September 18, 1979)
Acting Chairman Tyson declared the motion
carried and that a recommendation of five feet and nine feet will be made to
the City Council .
Mr. Eden stated that he would like ordinances
to be looked at as a package and consider what is important and what is not.
Mr. Flynn stated that many Staff members
are concerned about whether or not ordinances are up-to-date, thus reflecting
the current trends in housing and development.
Mr. Eden stated that he would like the
Commission to set down as a body and review the complete set of development
ordinances.
Acting Chairman Tyson stated that development
ordinances should be looked at, but that new ordinances will not be developed
overnight. He further stated that there should be an orderly growth period
by defining the problems, outlining advantages and disadvantages, and then
decide if an ordinance should be changed. This should not be done in a
public meeting, where high emotions exist. The Commission should receive
input from developers because they are part of the City also.
Mr. Flynn stated that he would like to
41) receive input from developers and the Planning and Zoning Commissioners and
at least begin looking at the problems.
Mr. Deithloff stated that he feels that
Mr. Flynn knows of enough problem areas to know what problems require attention.
Acting Chairman Tyson stated that the Staff
and the Planning and Zoning Commission needs to begin looking at problems
together.
Mrs. Lightbody made a motion that City
Staff and the Planning and Zoning Commission begin reviewing all development
standards to identify problems and advantages.
Mr. Deithloff seconded the motion.
Acting Chairman Tyson asked for a vote
on the motion and second, and the vote was as follows:
Ayes: Mrs. Lightbody, Messrs. Deithloff, Eden, Tyson, and Williamson.
Nays: None
V.
ADJOURNMENT
4IDThere being no further business, the
meeting adjourned at 11 :00 p.m.
APPROVED:
C)44 "m"........
Chairman