Loading...
HomeMy WebLinkAbout2002-08-20 PLANNING AND ZONING August 20, 2002 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Vice Chairman Grove at 6:33 p.m. for consideration of scheduled items in the Council Chambers in Building "B" of the Municipal Building. Vice Chairman Grove stated there was a quorum of members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT: Vice Chairman Grove Chairman McNeese Ron Hughes Bill Tarin John Deithloff Monty Huffman Tony May Mike Collins, Director of Planning and Development Eric Wilhite, Planning and Development Manager Ron Young, Director of Public Works Bill Ridgway, Director of Economic Development Charles Anderson, Fire Inspector Karla Allen, Administrative Secretary VISITORS: Nozar Daryapayma, Dapper Cleaners; Ottis Lee, CivilWorks Engineering; Ron Knott; Cathy Morris-Gonzales; Marilyn Mubary; and others listed in visitors' register. THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Tony May and Invocation was given by Commissioner Ron Hughes. ITEM 1 APPROVAL OF MINUTES Commissioner Hughes made a motion to approve minutes from August 6, 2002 as written. Commissioner Deithloff seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Hughes, Deithloff and May Nays: None Abstention: None The motion carried (4-0-0). Planning and Zoning Commission Minutes Page 2 August 20, 2002 ITEM 2 CASE #01-06-RP - HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A PRELIMINARY REPLAT Receive public input and consider a request for a Replat of Huie Addition, Lot 1, Block 1 to Huie Addition, Lots 1-11, Block A, Lots 1-5, Block B, and Lots 1-19, Block C in order to construct a Single Family Development. This property is located on State Hwy 183 and FAA Blvd. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The action requested is to receive public input and consider a request for a Replat of Huie Addition, Lot 1, Block 1 to Huie Addition, Lots 1-11, Block A, Lots 1- 5, Block B, and Lots 1-19, Block C in order to construct a Single Family Development. The Planning and Zoning Commission approved PD-1502 in October 2001, and City Council approved the request November 2001 to create a 35 lot Residential Subdivision based on R-1 L Single Family Dwelling Unit Standards. The property is generally located on Hwy 183 and FAA Blvd. on the southwest corner. It is in substantial compliance with all City's requirements and staff recommends approval. Vice Chairman Grove opened the public hearing. Vice Chairman Grove asked if the applicant or representative was present. Seeing none Vice Chairman Grove asked if there were any Proponents or Opponents for this case. Seeing none he closed the public hearing. No comments from the commission. Commissioner Deithloff made a motion to approve case #01-06-RP as presented. Commissioner May seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Hughes, Deithloff and May Nays: None Abstention: None The motion carried (4-0-0). ITEM 3 CASE #02-02-RP — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A PRELIMINARY REPLAT Receive public input and consider a request for a Preliminary Replat of Thousand Oaks Addition, Block 1, Lots 1 & 2 to Thousand Oaks Addition, Block 1, Lots 1-22 in order to construct a Single Family Development. This property is located 2705 Baze Rd. Planning and Zoning Commission Minutes Page 3 August 20, 2002 Mike Collins, Director of Planning and Development gave a brief overview of the case. The action requested is to approve a request for a Preliminary Replat of Thousand Oaks Addition, Block 1, Lots 1 & 2 to the Thousand Oaks Addition, Block 1, Lots 1-22 in order to construct a Single Family Development. This property is located in the 2700 block of Baze Rd. This property is currently zoned R-1 located in the vicinity of Baze Rd. This two lot block is being subdivided to create a Residential Subdivision that will contain 22 lots on approximately 4.2 acres. The primary ingress/egress will be off of Baze Rd. It is in substantial compliance with the City's requirements and staff recommends approval. Vice Chairman Grove opened the public hearing. Vice Chairman Grove asked if the applicant or representative was present. Ottis Lee, CivilWorks Engineering, 1192 Boling Ranch Rd., Azle, is representing Ron and Roland Knott who are the property owners and developers of the property. He stated there was approximately 7 acres total with 22 lots. They have complied with all the preliminary replat comments and submitted revised utility plans to Engineering. Vice Chairman Grove asked if there were any proponents. Seeing none he asked if there were any opponents to this case and to come forward for comments. Kevin Day, 611 Sweetgum, Euless, stated his property backs up to the property in question and would like to see the property stay the way it is presently. Diane Tunnel!, 615 Sweetgum, Euless, stated she is opposed to the development because it will bring the value of the surrounding property values down when the trees are taken down. She asked to leave as many trees as possible. She also stated there are drainage problems that exist now and this development will make more problems. Eric Elwell, 619 Sweetgum, Euless, stated his house backs up to the property and does not want more development. He stated this development would create more congestion and many trees will be destroyed. He stated that his reason for moving to Euless is because of the open land that was available throughout the City and would like to see this stay open. John Weaver, 621 Sweetgum, Euless, was wanting to know what the size of the houses was going to be and if they were on a zero lot line. Michele Beach, 617 Sweetgum, stated she was concerned about the trees and would like to see a tree ordinance. Planning and Zoning Commission Minutes Page 4 August 20, 2002 Cathy Morris-Gonzales, 2620 Tallow, Euless, stated she was concerned about the II trees because other developments in the area have taken down to many trees. She would also like to know what the developer has planned for the trees and what the value of the new homes are going to be. Vice Chairman Grove closed the public hearing. Ron Knott, 2705 Baze Rd., Euless, stated he has been in Euless for 22 years and it is his desire to save every tree possible. Mr. Knott stated he is working closely with the builder to make sure no trees will be taken down unnecessarily. He will be remaining on the property in the house that is currently there. Ottis Lee, CivilWorks Engineering, stated the property is zoned for 7500 square foot lots, actual average lot size is 8800 square foot, and the minimum square footage is 1700 square feet and the minimum house size will be 2400 square feet. They will be working with the City staff to locate the road and save trees. There will be a drainage pipe placed underground with 100 year capacity. Commissioner Hughes asked if there would be any exceptions to the replatting regulations. Mike Collins stated there will not. Vice Chairman Grove asked the applicant if he knew what the timeline was for the project and projected build out. Ottis Lee stated the plans are to submit final construction plans to Engineering for their review after approval of this case and based on Engineering's timeline they would be ready to begin after the approval of construction plans. Ron Young, Director of Public Works, wanted to make a clarification to the last sentence in the communication that states the City Engineer has issued a Certificate of Acceptable Preliminary Public Improvements Construction Plans. This was not a true statement. This subdivision is following the revised UDC ordinance where they are to submit the preliminary water and sewer layout and this is what they have submitted, but the final constructions plans have not been received or approved. Commissioner May made a motion to approve case #02-02-RP as submitted. Commissioner Deithloff seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Hughes, Deithloff and May Nays: None Abstention: None The motion carried (4-0-0). Planning and Zoning Commission Minutes Page 5 August 20, 2002 ITEM 4 CASE #02-04-SUP — HOLD PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE Receive public input regarding a request for a Specific Use Permit on Heritage Towne Crossing, Block 2, Lot 1, for a Dry Cleaning Plant in C-2 (Community Business District) zoning, and consider a recommendation regarding an Ordinance. This property is located on 1301 Glade Rd., Suite 120. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The action requested is to receive public input regarding a request for a Specific Use Permit on Heritage Towne Crossing, Block 2, Lot 1, for a Dry Cleaning Plant in the Gateway 121 zoning district and consider a recommendation regarding an Ordinance. This property is located on 1301 Glade Rd. Suite 120. The applicant is 4 Angels, Inc., who is requesting a Specific Use Permit in order to operate Dapper Dry Cleaners. What triggers the City requirement for this use to be processed under a Specific Use Permit is it would be an on premise dry cleaning plant. The Fire Department had very specific requirements with respect to submittal of information that would included a Materials Safety Data Sheet and other types of information that has been submitted and reviewed by the Fire Department and as a member of the Development Review Committee staff is recommending approval of this SUP. Vice Chairman Grove opened the public hearing. Vice Chairman Grove asked if the applicant or representative was present. John Boger, 1684 Big Bend Dr., Lewisville, stated they were proposing to put in a dry clean plant. They have been doing this for over 25 years and put in first class equipment with the latest technology. Vice Chairman Grove asked if there were any proponents/opponents. Seeing none the public hearing was closed. Commissioner Hughes asked if there will be any laundering at this facility or is it strictly dry cleaning. Mr. Boger stated they would be servicing household type garments. Commissioner Deithloff asked what the lease period was and whose name is on the lease. Mr. Boger stated the lease was for 5 years and the name on the lease was 4 Angels, Inc. Vice Chairman Grove stated that it appeared from the handout the system was charged one time. Mr. Boger stated the solvent is reused over and over again. The machine is designed to filter the solvent and distills it for use again. Planning and Zoning Commission Minutes Page 6 August 20, 2002 Vice Chairman Grove asked if the solvent is ever exposed to the air. Mr. Boger stated the solvent is fully contained in the machine. The solvent is stored within the machine at all times. Commissioner Hughes made the motion to approve case #02-04-SUP with the following conditions: 1) contingent upon the leaser, being 4 Angels, Inc.; 2) term of the lease which is 5 years; 3)term of SUP run concurrent with term of lease. Commissioner May seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Hughes, Deithloff and May Nays: None Abstention: None The motion carried (4-0-0). ITEM 6 CASE #02-07-UDC — HOLD PUBLIC HEARING REGARDING A UNIFIED DEVELOPMENT CODE AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE Receive public input and consider a recommendation regarding a request by City of Euless for a change to Code of Ordinances Chapter 84 "Unified Development Code" in order to amend Section 84-201(f) and (h) "Off-street parking" of Article V Mike Collins, Director of Planning and Development, gave a brief overview of the case. The action requested is to receive public input regarding a request by the City of Euless for a change to the Code of Ordinances Chapter 84 "Unified Development Code" in order to amend Garage Enclosures/Carports/Off Street Parking and recommend approval of an ordinance changing the Code of Ordinances. The current code would require a property owner and/or renter of that property proposing to enclose their one or two car garage would have to follow requirements that would include the Building Official's review of the construction plans consistent with applicable building codes and any other development related standards within that zoning classification that would need to be followed. Secondly, the applicant would need to ensure at least two covered parking spaces were to be provided. Those covered parking spaces could include a carport. Third, the parking that is provided would be on a concrete paved surface and that a minimum of two parking spaces would be required. The changes reflected in the amendment to the Unified Development Code would be specific to section 84- 201(h)(8) that will establish any individual proposing to enclose their one or two car garage would be required to provide two paved parking spaces, but eliminate two covered parking spaces. Lastly, the garage enclosures would only be allowed in property zoned R-1. Vice Chairman Grove opened the public hearing. Planning and Zoning Commission Minutes Page 7 August 20, 2002 Vice Chairman Grove asked if there were any proponents/opponents to this case. Seeing none the public hearing was closed. Commissioner May asked if the old ordinance was allowing parking in the rear on unimproved surface if the new amendment was asking for the surface to be paved now. Mike Collins stated the intent is to have two paved parking spaces. Commissioner May asked what the intent is for changing this now if it was allowed to park on unpaved surfaces. Mike Collins stated the reason was to eliminate unsightly parking on unpaved surfaces and to maintain all parking on a paved surface regardless of the location, front, side or rear. Commissioner May asked if there were any requirements in regard to the grade of the new parking pad. Ron Young stated there are not specific links that address this issue. Commissioner May asked if a property owner would be allowed to extend the curb cut to accommodate for the widening of the driveway. Ron Young stated it was allowed as long as the curb return did not encroach on another property owner's frontage. Commissioner May asked if it would still be required to have the Building Official approval of the slab. Ron Young stated there would be requirements that will need to be inspected. Commissioner Hughes asked if there are requirements for paving the access to the second pad in the rear. Mike Collins stated this will be clarified that if new paved parking is required to be installed and is located in the rear the entire drive approach will be required to be paved. Commissioner Hughes made the motion to approve case #02-07-UDC with the following amendment being if the any improved parking space is not contiguous with the first that the transition and approach to the any improved space also be improved and paved the same way. Commissioner May seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioner Hughes, Deithloff and May Nays: None Abstention: None The motion carried (4-0-0). Planning and Zoning Commission Minutes Page 8 August 20, 2002 ITEM 5 CASE #02-06-UDC — HOLD PUBLIC HEARING REGARDING A UNIFIED DEVELOPMENT CODE AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE Receive public input and consider a recommendation regarding a request by City of Euless for a change to Code of Ordinances Chapter 54 "Parks, Recreational and Cultural Facilities" in order to repeal Division 2 "Tree Board" of Article II "Administration" and to amend Code of Ordinances Chapter 84 "Unified Development Code" in order to amend Section 84-7 "Definitions and word usage" of Article I; amend Section 84-334 "Landscaping standards for other than one- and two-family dwellings" of Division I; to amend Article VII "Landscaping, Fences, Walls, Screening and Outdoor Storage Requirements" by the addition of a new Division 3 "Tree Conservation", and amending Section 30-39 "Planning and Zoning Fees" of Chapter 30 "Fees". Mike Collins, Director of Planning and Development, gave a brief overview of the case. The action requested is to receive public input regarding a request by the City of Euless to the Code of Ordinances Chapter 84 "Unified Development Code" in order to amend the Landscaping requirements. The commission is being asked this evening to consider amendments to the Landscaping requirements opposed to the creation of a separate stand alone Landscaping ordinance. It was staffs intention to create a simple and straight forward revision that would become a third section of the Landscaping ordinance that would be less bureaucratic and easier to administer. The current Landscaping ordinance provides a specific provision that establishes that no indiscriminate clearing of natural vegetation, which includes trees, is permitted. Staff is recommending that a new Tree Preservation Section would contain the following major provisions: 1) A Protected Tree would be 18" caliper inch or greater and would include regionally recognized species of hard woods, including oak, pecan, elm, and pine; 2) Every effort would be made in the site planning process to save such a tree, even if it means not developing under the tree. Consideration would be given by the city for variances from development standards and engineering requirements that did not pose life/safety risk in order to preserve a protected tree; 3) If a protected tree is removed for new development or on existing commercial development (street yard), it would be replaced with .75 inch of native or adapted species and/or contribution to a tree fund made; 4)No construction activity can encroach within 25% of the drip line. All necessary precautions will be taken to preserve the tree, during and after construction; 5) No protected tree 36" caliper inch or greater, or species of significance, on developed or undeveloped, can be removed without City Council approval. If approved, it would be replaced with 2.0 inch of native or adapted species and/or contribution to the "Tree Fund". Vice Chairman Grove opened the public hearing. Planning and Zoning Commission Minutes Page 9 August 20, 2002 Vice Chairman Grove asked for any proponents/opponents. Seeing none the public hearing was closed. Commissioner May asked whether the category of protected tree included both large and small trees. Mike Collins stated the definition should explicitly state that the category includes both large and small. Commissioner May stated there was a conflict on Section 84-372(c) "Protected Tree" under criteria. He asked if the measurement height should also be 4 '/2 feet. Mike Collins stated that was correct. Commissioner May asked what the Tree City USA program was. Eric Wilhite, Planning and Development Manager, stated that Parks and Leisure Board has established criteria for this and is the one who submits for this designation each year. Commissioner May asked to verify that in Section 84-372(c) it applies to all real property in the City of Euless excluding developed one- and two-family residential property and asked to clarify there was no grandfather clause. Mike Collins stated this was correct. Commissioner May asked to clarify that the Developer will be able to mitigate other sites of land for planting of trees and still meet requirements. Mike Collins stated that was correct. Commissioner Deithloff asked to clarify if a protected tree is removed it should be replaced with .75 and wanted to know if this was 3/4" inch and asked if this could be changed to a 0.75 so the decimal is not lost. He also wanted to clarify that the tree ordinance is talking about live trees. He wanted to make sure that any dead or diseased tree could be removed without city council authorization. Mike Collins stated this was correct. Commissioner Hughes asked if this ordinance would apply to any development that was approved before the approval of this ordinance by City Council. Mike Collins stated that only submittals after the approval would be affected by the new ordinance. Vice Chairman Grove stated this is a difficult issue to put into writing and make enforceable. Commissioner Hughes made a motion to approve case #02-06-UDC be recommended for approval to the City Council with two corrections: 1) 18" Protected Tree identification be clarified to apply to large trees; 2) ratio of reclamation replacement be from .75 to 0.75; 3) references that the height be corrected and clarified to read in all cases 4 '/2 feet above ground level. Commissioner Deithloff seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Hughes, Deithloff and May Planning and Zoning Commission Minutes Page 10 August 20, 2002 Nays: None Abstention: None The motion carried (4-0-0). ITEM 7 REPORTS There were no reports. ITEM 8 DIRECTOR'S REPORTS There were no reports. There being no further business the meeting was adjourned at 8:10 p.m. es L�� 9/c Chairma D e