HomeMy WebLinkAbout2008-10-07 PLANNING AND ZONING
October 7, 2008
MINUTES
The regular meeting of the Planning and Zoning Commission was called to order by
Vice Chairman Tony May at 6:35 p.m. for consideration of scheduled items in the
Council Chambers in City Hall of the Municipal Complex. Vice Chairman Tony May
stated there was a quorum of members of the Planning and Zoning Commission
present.
MEMBERS AND STAFF PRESENT: MEMBERS ABSENT:
Vice Chairman Tony May Chairman Richard McNeese
Monty Huffman George Zahn
LuAnn Portugal
Andy Bearden
Troy Mennis
Mike Collins, Director of Planning and Development
Chris Barker, Assistant Director of Planning and Development
Ron Young, Director of Public Works
Robert Barker, City Engineer
Bill Ridgway, Director of Economic Development
Paul Smith, Fire Marshal
JT Ackerman,
Holly Witt, Administrative Secretary
VISITORS: Esther Johnson, Ambasajer Asfaha, Alicia Schaffer, Bradford Bullock
THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was
given by Commissioner Mennis and Invocation was given by Vice Chairman May.
ITEM 1 APPROVAL OF MINUTES for called meeting of September 16, 2008
Commissioner Mennis made a motion to approve the minutes for called meeting of
September 16, 2008. Commissioner Portugal seconded the motion. The vote was as
follows:
Ayes: Vice Chairman May, Commissioners Huffman, Portugal, Bearden, Mennis
Nays: None
Abstention: None
The motion carried (5-0-0)
Planning and Zoning Commission Minutes October 7, 2008
-" ITEM 2 CASE #08-12-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 St.
Michael's Subdivision, Block A, Lot 6 for a Lube Service Center in TX-10
(Texas Highway 10 Multi-Use District) zoning, and consider a
recommendation regarding an Ordinance. This property is located on
2740 W. Euless Boulevard.
Vice Chairman May opened the public hearing.
Chris Barker, Assistant Director of Planning and Development, gave a brief description
of the case. The applicant, EZCO Auto Express Care, represented by the owner, Mr.
Ambasajer Asfaha, is requesting a Specific Use Permit (S.U.P.), for a Lube Service
Center in TX-10 (Texas Highway 10 Multi-Use District) zoning at 2740 W. Euless
Boulevard. "TX-10" District zoning standards require a S.U.P. for automotive service
uses. The business is currently in operation at the subject location, operating under a
Specific Use Permit, 03-04-SUP, originally approved on May 13, 2003, for a Lube
Service Center. This original SUP relating to the operation of the business included
nine (9) conditions. One of these was a condition (number 2) that the business maintain
a "Continued association with Valvoline". The business has discontinued formal
association with Valvoline, and as such, is requesting a new S.U.P that would enable
continued operations in the same manner as for the past five years. During the five (5)
years in operation since 2003, the Planning and Development Department has received
no nuisance complaints from citizens regarding the operation of this business. Upon
review of the original nine (9) conditions, staff would recommend eliminating condition
number eight (8), that the business signage must be in accordance with the Main Street
sign requirements (monument sign) and condition number nine (9), regarding temporary
barricades. Staff believes that the enforcement of condition number nine (9) is
inconsistent with the "TX-10" District zoning standards and with the other developed
properties in the general vicinity.
Ambasajer Asfaha, 2740 W. Euless Boulevard, Euless, Texas, stated the business will
remain the same but the sign will change.
Vice Chairman May asked for any proponents/opponents to come forward for any •
comments. Seeing none the public hearing was closed.
Commissioner Bearden made a motion to approve case #08-12-SUP with the following
conditions: 1) Tied to the current owner, Mr. Ambasajer Asfaha; 2) Hours of operations
limited to Monday through Saturday, 8:00 a.m. to 6:00 p.m., closed on Sunday; 3) Eight
foot (8 ft.) masonry wall on north side; 4) Thirty foot (30 ft.) landscape buffer on north
side; 5) No open outdoor storage of hazardous or controlled waste; and 6) No overnight
outdoor storage of vehicles. Commissioner Huffman seconded the motion. The vote
was as follows:
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Planning and Zoning Commission Minutes October 7, 2008
Ayes: Vice Chairman May, Commissioners Huffman, Portugal, Bearden, Mennis
Nays: None
Abstention: None
The motion carried (5-0-0)
ITEM 3 CASE #08-02-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 the City of Euless to amend Code of Ordinances Chapter 84 "Unified
Development Code" Section 84-7 "Definitions and work usage", Section
84-84 "Permitted uses table", and add Section 84-85 "Special conditions
by use type" (aj) "Transient dwellings".
Vice Chairman May reopened the public hearing.
Bradford Bullock, with the Law Offices of William M. McKamie, 13750 San Pedro, Suite
640, San Antonio, Texas 78232, representing the City of Euless, gave a brief
description of the case. The Fair Housing Act requires cities to adopt and approve
reasonable accommodations if requested by disabled individuals to give them the same
opportunity to live in single family or multifamily dwellings as the nondisabled. The
proposed amendments to the Unified Development Code would specifically identify
individual land use categories that generally relate to accommodations for individuals
with disabilities within the permitted use table and, as importantly, would establish the
standards by which this city would provide "reasonable accommodations". A new set of
definitions would be adopted to provide clarification and a better understanding of these
individual land use categories and related topics. It is through a clear understanding of
how to classify these individual land uses, and which federal and state laws are
applicable, that the city can establish the authority it needs to help preserve the
residential character of single-family residential zoned property in the community. In
accordance with federal and state fair housing laws, it is the purpose of this subsection
to provide reasonable accommodations in the City's zoning and land use regulations,
policies, and practices when needed to provide an individual with a disability an equal
opportunity to use and enjoy a dwelling. A request for reasonable accommodation may
be made by any person with a disability, their representative, or a developer or provider
of housing for individuals with a disability. A reasonable accommodation may be
approved only for the benefit of one or more individuals with a disability. An application
would be made in includes the following information: Documentation that the applicant
is: (i) an individual with a disability; (ii) applying on behalf one or more individuals with a
disability; or (iii) a developer or provider of housing for one or more individuals with a
disability.
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Planning and Zoning Commission Minutes October 7, 2008
1. The specific exception or modification to the zoning, subdivision or other land
use provision, policy or practice requested by the applicant.
2. Documentation that the specific exception or modification requested by the
applicant is reasonable and necessary to provide one or more individuals with
a disability an equal opportunity to use and enjoy the residence.
3. Any other information that the Planning Director reasonably concludes is
necessary to determine whether the finding required by Section 84-30(a)(1)
can be made, so long as any request for information regarding the disability of
the individuals benefited complies with applicable federal law and the privacy
rights of the individuals affected.
Commissioner Bearden asked if he were to open a probation home for parolee's would
it be allowed in industrial zoning.
Mike Collins stated it would require a Specific Use Permit in the following zoning: C-2,
TX-10, LI, I-1, and 1-2.
Commissioner Bearden stated a home for parolee's that is not advertised but houses
parolee's, such as a motel with TX-10 zoning, might house parolee's but it is not
advertised as a parolee home.
Mike Collins stated the intent is to deal with primary land uses.
Bradford Bullock stated if a structure, regardless of who operates or owns it, houses 2
or more and is a paid entity with the purpose to house them for payment; then it is
subject to this ordinance. Dealing with motels that happen to house parolee's could be
subject to the ordinance but the owner might not have knowledge of the background of
each tenant.
Commissioner Bearden asked if the ordinance clearly defines it as a land use rather
than how many people are in a facility paying rent.
Mike Collins stated we would begin with the permitted use table to define the primary
land use and then there would be further delineation in the special conditions by use
type, which would provide definitions to determine the primary land use.
Commissioner Mennis asked if city staff was satisfied with the code.
Mike Collins stated that based on the recommendation of attorney Bradford Bullock staff
is satisfied.
Commissioner Portugal stated an incredible amount of work has been put into this with
good intentions.
Vice Chairman May asked if transient dwellings are permitted by right in any zoning.
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Planning and Zoning Commission Minutes October 7, 2008
Bradford Bullock stated it is permitted by right in single family up to a certain amount of
transients. The dwelling is not subject to this ordinance until it reaches the seventh
transient.
Vice Chairman May asked if there was any zoning that transient dwellings would not be
permitted by right, such as in R-1 or R-2.
Mike Collins stated the term transient dwelling would be defined by what zoning
category it is applied to. When you fall outside the single family it becomes a place of
rooming and boarding.
Bradford Bullock stated the transient dwelling definition places responsibility on the
owner to show that this definition does not apply to them.
Commissioner Bearden asked if a person sets up a parolee home or transient dwelling
(group residential), would the city be allowed to regulate them in the first year if either
had not turned over seven transients in a year.
Bradford Bullock stated a parolee home is not permitted in any single family zoning
district.
Mike Collins stated if for example neighbors to a transient dwelling witnessed a turnover
of six transients in a month's time frame it would not be necessary to meet the one year
trial.
Commissioner Bearden asked if for example ten people moved into a dwelling for a 60
day treatment program and one person moves out, would that person count as one.
Bradford Bullock stated the person would be counted. There has to be guidelines to
allow transient dwellings and a reasonable cut off of transients.
Mike Collins stated this ordinance has to meet a balance of privacy, the general welfare
for the city as a whole, and meet the legal standards.
Commissioner Mennis made a motion to approve case #08-02-UDC. Commissioner
Huffman seconded the motion. The vote was as follows:
Ayes: Vice Chairman May, Commissioners Huffman, Portugal, Bearden, Mennis
Nays: None
Abstention: None
The motion carried (5-0-0)
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Planning and Zoning Commission Minutes October 7, 2008
-' ITEM 4 REPORTS
There were no reports.
ITEM 5 DIRECTOR'S REPORT
There were no reports.
There being no further business the meeting was adjourned at 7:10 p.m.
C irman McNeese 7---''-- Date
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