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Home My WebLink About2005-05-17 PLANNING AND ZONING May 17, 2005 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Vice Chairman Mike Grove at 6:30 p.m. for consideration of scheduled items in the Council Chambers in City Hall of the Municipal Complex. Vice Chairman Mike Grove stated there was a quorum of members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT: Vice Chairman Mike Grove Chairman Richard McNeese George Zahn Monty Huffman LuAnn Portugal Perry Bynum Tony May Mike Collins, Director of Planning and Development Eric Wilhite, Planning and Development Manager Ron Young, Director of Public Works Robert Barker, City Engineer Paul Smith, Fire Marshal Bob Freeman, Asst. Police Chief Karla Dickerson, Administrative Secretary VISITORS: John Sanders, Toby Rogers THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Portugal and Invocation was given by Commissioner May. ITEM 1 APPROVAL OF MINUTES for called meeting of May 3, 2005 Commissioner May stated there was a correction on Page 3, 3`d paragraph from bottom, "1700 sp." should be "1700 sq." Vice C hairman G rove stated t here was a correction o n P age 4, 4th I ine, word "prior" should be "period" and word "additional" should be "all". Commissioner May made a m otion to approve minutes for called meeting of May 3, 2005 with corrections. Commissioner Portugal seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Zahn, Huffman, Portugal, Bynum and May Nays: N one Abstention: None Planning and Zoning Commission Minutes Page 2 May 17, 2005 The motion carried (6-0-0). ITEM 2 CASE #05-03-SP — CONSIDER A RECOMMENDATION FOR A SITE PLAN Consider a recommendation regarding a request for a Site Plan for Commercial Development proposed to be located at T. Jasper Survey, A- 861, Tract 5F01, 2100 blk. W. Airport Frwy. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The applicant is ACS Development proposing a commercial development on approximately 1.5 acre tract that is zoned C-2 (Community Business District). The property is located on the south side of Airport Frwy. on the eastbound Airport Frwy. frontage road near Dock McGinnis Dr. The proposed uses are permitted by right and the site plan under consideration is for a commercial/retail development in a building to be constructed on the north end of the property that fronts on the Airport Frwy. access road, with a proposed commercial building to be constructed as part of phase II on the southern end of the property. Staff has reviewed the technical requirements and recommends approval. Commissioner May asked the applicant if they had approached TXDOT about the driveway fronting Airport Frwy. Toby Rogers, Wier & Associates, representing ACS Development, 1380 US Hwy 80, Mansfield, TX, stated they have submitted a driveway exhibit to TXDOT. TXDOT tried to encourage them to arrange mutual access with one of the adjacent properties. Mr. Rogers stated that would not be very easy to negotiate with either property owner. TXDOT has now advised for them to submit a formal driveway permit and they will review. Commissioner Bynum made a motion to approve case #05-03-SP. Commissioner May seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Zahn, Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (6-0-0). Planning and Zoning Commission Minutes Page 3 May 17, 2005 ITEM 3 CASE #05-02-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 Sections 84-7 "Definitions And Word Usage" And 84-85 "Special Conditions By Use Type". Vice Chairman Grove opened the public hearing. Mike Collins, Director of Planning and Development, gave a brief overview of the case. Chapter 84 "Unified Development Code" establishes control through land use regulations and makes a distinction between incidental and primary use. Section 84-85 (ac) permits machines, such as those classified as "arcade games, as an incidental use to the primary commercial use and that no more than five (5) percent of the total floor area shall be dedicated for arcade games. If not incidental to the primary use, the establishment is classified by the UDC Table 4-A as "Coin Operated amusement devices and arcades, and is then only permitted with a Specific Use Permit in C-2 zoning and above. Staff proposes amendments that would prohibit "eight-liner" type of amusement/arcade games, regardless of the number of m achines. These types of m achines would f all under a newly created definition of "Prohibited Amusement Machines". The key to the new definition is found in the phrase, "which requires mere chance with no skill required". While the State of Texas prohibits gambling machines, the authority of local law e nforcement to e nforce a p rohibition has some d egree of u ncertainty. This n ew definition does not necessarily address the issue of whether or not the eight liner types of arcades are gambling machines. Instead, the core of the matter is whether engaging in the activity requires skill, as opposed to mere chance. Staff stated that the City Attorney will be completing his review of the proposed ordinance amendments prior to the May 31 City Council meeting. Staff recommends that Section 84-7. "Definitions and word usage" of "The Unified Development Code" be amended to add the following new definitions: Amusement Machines "means any kind of machine that is used or is capable of being used to dispense or afford amusement and pleasure, which requires some degree of skill beyond mere chance." Prohibited Amusement Machines "means any kind of machine that is used or is capable of being used to dispense or afford amusement and pleasure, which requires no degree of skill but mere chance, excluding any amusement machine designed exclusively for a child, shall not be issued an annual permit per Chapter 30-21". Planning and Zoning Commission Minutes Page 4 May 17, 2005 Vice Chairman Grove asked for any proponents/opponents to come forward for comments. Seeing none the public hearing was closed. Commissioner Zahn made a motion to approve case #05-02-UDC. Commissioner Portugal seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Zahn, Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (6-0-0). ITEM 4 CASE #05-01-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 84-85 "Special Conditions By Use Type". Vice Chairman Grove opened the public hearing. Mike Collins, Director of Planning and Development, gave a brief overview. The following amendments to Chapter 84 are recommended to establish the appropriate cross references to Chapter 82 and consistency with Chapter 82. The Unified Development Code (UDC) currently establishes conditions for home occupations in Chapter 84-85 "Special Conditions by Use Type". Specific regulations are established in paragraphs (13) and (14) regarding what type of vehicle can be parked where and when. Staff recommends the following amendment to paragraph (14) of subsection (n) "Home occupations" of Section 84-85 "Special Conditions By Use Type": (14) Parking for no more than one vehicle, the primary purpose of which is used in support of the home occupancy, may be overnight for a vehicle having a manufacturer's rated carrying capacity of 3,000 pounds (1 1/2 tons) or less. Larger vehicles may remain parked for only two hours in any 24-hour period. Staff also recommends an amendment to subsection (n) "Home Occupations" of Section 84-85 "Special Conditions By Use Type" to add the following paragraph: (15) See "Chapter 82, Traffic and Truck Tractor Vehicles" for further regulations. Vice Chairman Grove asked for any proponents/opponents to come forward for comments. Seeing none the public hearing was closed. Planning and Zoning Commission Minutes Page 5 May 17, 2005 Commissioner Zahn made a motion to approve case #05-01-UDC. Commissioner Huffman seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Zahn, Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (6-0-0). ITEM 5 CASE #05-03-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 84-84 "Permitted uses table" and Section 84-7 "Definitions and word usage". Vice Chairman Grove opened the public hearing. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The City of Euless has adopted the 2003 International Building Codes which contain regulations governing the use of temporary structures specifically related to developments under construction. Staff believes there is practical benefit to the adoption of these regulations governing use of temporary structures in Chapter 84 Unified Development Code. Other then those circumstance identified in Section 84-84 "Temporary Uses", staff recommends that the only situation that temporary structures should be allowed is if there is a development under construction. The Building Official would continue to authorize use of temporary structures, with the applicant satisfying specific requirements. Staff recommends that Section 84-7. "Definitions and word usage" of "The Unified Development Code" be amended to add the following new definition: Structure, temporary means a facility, not to exceed 500 sq. ft., used as a sales or construction management office, associated with an active development on platted property, and may only be allowed if a building permit has been issued, or an application has been submitted and is under review. A HUD — Code manufactured home may be used as a temporary structure provided it meets all other requirements of this section. Staff also recommends that Section 84-84 "Permitted use table" of "The Unified Development Code" be amended with the addition of a new paragraph (7) that would read in part as follows: (7) Temporary structures. The Building Official may approve a permit for a temporary structure. Such temporary structures are typically associated with an active Planning and Zoning Commission Minutes Page 6 May 17, 2005 development on platted property, for which a building permit has been issued, or an application has been submitted and is under review. A HUD-Code manufactured home may be used as a temporary structure provided it meets all other requirements of this section. a. Permit required. Temporary structures may be permitted provided a temporary permit is first obtained from the Building Official or his designee. b. Effective period. A temporary structure may be used only during actual construction, for a period not to exceed two (2) years. Separate approval may be considered by the Building Official if actual construction exceeds two (years). There are detailed restrictions and requirements contained in (c.). Vice Chairman Grove asked for any proponents/opponents to come forward for comments. Seeing none the public hearing was closed. Commissioner Huffman made a motion to approve case #05-03-UDC. Commissioner May seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Zahn, Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (6-0-0). ITEM 6 REPORTS Ron Young, Director of Public Works, gave a brief overview on construction projects currently taking place throughout the city. ITEM 7 DIRECTOR'S REPORT There were no reports. There being no further business the meeting was adjourned at 6:45 p.m. a , .• /CI ice Chairman a Grove Da e