HomeMy WebLinkAbout1991-12-03 G & ZCKDC calUSUCH
City of Ealsss
201 NCrth Bat= Drive
RAeSS, TeXaS 7,039
Deced-iw 3, 2991
5:15 - Pre-Commission Ming
DISaXMCK OF GENERAL FUTURE LAND LEE PIM
7:30 - Call to Order
PLEDGE OF ALIBM - Jack Hill.
DF.'MCN m Ron Your
.APPAL OF MES - Regular reeting of November 19, 1991
1. #91-18-W KAHM - ZDT 3, KOM 2, Q
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Request of Loy McDonald Custom Builders, Inc., for a variance to
the EeTK�e Grdixmnce on Lot 3, Block 2, Oakland Estates Addition.
11. � A 11 M" TO laXXffM
NANCE
Recorsider recommending a resoluticn ruing the parking of
ve o es Within the front yard and other uses in the front yard..
RESCLUM T No. 9 -
A RED AN AR M414M TO CFMDPANM NO.
347, MENT D AS IM WMESS ZONING CMDMNCE BY
]PH'A f-SIMS IN SHE 11UNIKIN C F-^-STI;uw Mdum
SE '#JA7
the Euless, Zoning Chance currently rimes a minimum of off-
street parking to facilitate the adequate provision of transportation and
lesser congestion in the streets within the City of Euless; and,
OMMASI, in order to minimize any adverse impacts on marking in the street and
on grassy areas in front yarns, it is deemed necessary to require that all
vehicles be parked on a paved surface on the property in residential, dis-
tricts; and,
NFEREW, it is the desire of the City Coil, of the City of Euless, Texas, to
azi nd its Zoning Ordinance to conform to the recut of the Planning and
Zoning catzmission.
Imo, MMMM, B rr RESOLVED BY THE ANDUM AND ZMM 039UMMON CF IM
M CF ELK TEW9
RCN I
, we hereby recarrwmd the City Council approve and adopt the ordinance
attached hereto and nade a part hereof, tich would require the parking of
vehicles on paved surfaces in all residential districts
MUTICK 2
7H&r, a signed copy of t4ais resolution shall be delivered to the City council,
and shall. constitute the report and recannendation of the Planning and Zoning
Commission.
ADOPTED this 3rd dray of December, 19910
PL ANKIM AND MSTON
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` Char
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DiNCENEM 3, 1, .
The Pre-C.-xmission rketi.ng of the Planning & Zoning Ca=issi.on was called to
order by Chai coon Jack Hill. at 6:00 T).m. , in the Confererx>-- Rocn, of the Euless
Mnicipal Building.
PLAWNDG AM 7)M CCHKMI - COUN
GHANBM
Me Planning and Zoning Comissi.on c ont .need their Ming in the mil.
Chars at 7:30 p.m. , for the consideration of scheduled item.
Jack Hill, John Craig, Director of Developnent,
John Deithl.off
Billy C34-is
Carl. Tyson
Letty Lynn Maloney
Ronald Young
George Zahn
Rod Tyler, Assistant Direr,tor of Developrent
Paul Krucke yer, City Engineer
Linda, Lux, Staff S"uretary
Iny 19c:DomId, Loy McDonald Oistom Builders, ince
Jc�}7.�i-���and. Peggy 'Vandiver
Robert Cl ow
Simon L. Floyd
RmAaa1"4a King
Grant Nichols
Newman McMurtre
Chuck and Marie Du
Luther F. S i.th.
Ray Dry
Tie Fledge of Allegiance was led by Chairman Hill..
'Ihe invocation was given. by C amissioner Young.
The minutes of the Ticyvember 19, 1991, Planning & Zoning (Xgmissisra meeting were
approved as written.
Mai:S`T£&n Hill and the Catmissioners requested that the Future, Lane Use Plan be
discussed at the next drag in ordex to discuss the parking ordinance. further.
Cmussioner Tyson passed out a draft for the parking regulations which he had
worked up. His draft included four (4) its regui.r ing: (1) all. vehicles in
the front yard be parked on pwied surface unless the house was originally built
with a one air nr no cue and the definition of vehicles* (2) parking of all
recreational vehicles,, behind the building line and screened from view with a V
idea or r:esonr y fence_; (3) no storage in the front or side yards and the
definition of storage; and (4) thene items wi.l.l go into effect innediately
after passage: hiy the City Council for new ronstr:re;ti.on and one year later for
existing structure.
Some of the concerns among the Ccmi.ss.ioners: were: (l) that the City should
enforce the existing ordinances dealing with veh rcle-s, (2) they should be
dealing with only cne issue (parking In front yards) and deal with the screening
and recreational vehicles at another tine; (3) does the City really need another
parking ordinance at this tim (4) there are no guarantees that this ordinance
will correct the parking situation; (5) that nore rights are 1xz-i g taken a,�,Aiy
from the citizens; and (6) that they 04� not w-dnt to see all ca crete front
yards-
191-18-PV - TOULWr OF LOY MCDONALD a I .r FOR A VARTANM TD TM
Chainw. HzAI stated the rules cpvexning a publ..i.c hearing and opened the hear-
ing
Yx. Loy McDonald with Lod. McDonald Customer Builders, Inc., 331 Harwck�,I Berl,
Suite CI Hurst, Texas, was present rer: enting the present homeowners, W. and
Mrs. Gnarit Nictaols at 105 Oak Lane. Mr. McDonald stated that the hon hers
have a little over two acres and they are requesting a variamn to the f'enc e
a.dinance in order to (1) histall an iron fence around the pool area and back of
the arty, (2) i.ns� -I.1. an .iron fence with brick ml.tmv:5 along the front
property line with automatic- gate openers, and (3) install a &' stockade fence
along the east propexty lin- as screening from the neighbors. He advised the
Ccmissicrkers that there is presently a 5° chain link fence runnings along the
east side. He advised the C :i," icners that the back of the propel would.
have no fence due to it being a wooded area and no fend would be installed on
the west side since a creek runs ttirotxP the area.
Chairman n Hill. asked for other proponents. There being none, Chairman, Hill asked
if there were any opponents.
NM: A letter uas passed out at the Pry-Ccmission meting frcm
W. 1e M. Smith, Attorney at Law, 1244 Southridge Court,
Suite 1.02, Hurst, Texas, representing dr. Newman Mdtn7tre.
Mr. YKMi care has been attempting to obtain City sewer
service since 1089, and felt that if the fence variance vms,
granted, his property would be completely cut off from any
possible access by easement for connection to the City -,AA.�;ex
system.
Mr. Neman "A'cMuxtre, the owner of Lot 2, Block 2, Oakland .]states, 1701. low
Main Strut, Euless, wtiose property is adjacent to 105 Oak Lae, stated that if
the fence variance is granted it would cut off any possible acmes to the City
sewer system. He stated that he has been atte Vti ng to stain City seer
service for his property sires 1989.
r1hairman Hill advised Mr. "tztre that there was a 101 easement that straddled
the east property line of lot 3 that could ac conmcdate a sewer line. Any
_s:mprovemnts, such as a fence, located in that easement Mould be the owner-,
responsibility to itlove should the City need access to .the ea.-A Tx'Ji'3t. Chairman
Hill asked Mr. Nichols if he was wware of this and willing to abide by it. Mx.
Nichols said he was aware of his responsibility and would coyly as necessary.
qtr. Mc:Murtre then advised the c,' mmi_ssi_oners that he mould not be opposed to the
fence variance request as long as it did not preempt hi=m from being able to
obtain City se<4;er ser-Ace..
Chairman Hill closed the public hearing and asked for discussion among the
commissioners.
Comiss.ioner Young rved to approve #91-18-FV, a fence variance for !Dt 3, Klock.
2, Oakland rtes Addition as pres4mted.
Cm-nissiorvar Deithloff seconded the ration and the vote was as follow
Ayes: ODimi ssi.oners Young, Deithloff,, Owezn, Maloney, 141ill, Zahn and ` y..;on
Nays. None
Chairman Hill declared the motion carried.
IZ«
OF RESCIMCK NO. P&7. 91-04 TO BE03*0V PMCM THE ZWM
Chairman Hill advised the audience that this item had been discussed at the
November 5th its rte, and had been tabled from the previous meeting of loveml.-er
19, 1991. Chairman Hill briefed the audience on to parking ordinance and
stated that this would be a continuation of the Mang.
Mr. Robert C"tonC'h., 406 Junes DrI e, Euless, advised the C,owissioners that it
was the census of the audience that a parking ordinance is needed in order to
prohdb t parking on the grass in. the City.
Ms. Ra iena King, 504 Canyon Ridge, Euless-, stated that is the owner of a
rec°reattional vehicle and they do park it in the driveway and &3 e is wantimg to
know the definition of vehicles and what it consists of.
Peggy arxl John Vandiver, 808 C:.lebid Drive, Diless,, came before the 0=miiss:ioners
and stated that they loth agree that an ordinance is new. lboy would like to
know what solutions the cummssaorers have fowxl..
Commissioner Cans advisal the audience that he feels that this proposed ord-i-
nar.4--e- infringes upon the propert�y cswnez-s, would be fly, that there is not
erough staff to enf"oroe. the ordinance and does not want to see concrete yards
throughout the City. He also stated that he is not ready to legislate this
ordinance..
Cmi.ssioner Zahn advised the audience that the Ccmi.ssion was only considering
reccownding an ordinance dealing with the par&uig on the front lawn and stated
that the Cc.,ission had disci exempting hoses originally constructed d with
only one-car and no car garage. The fission was also considering
recxr.mending to the city Council that such regLdre aent8 be effective upon
approval for all new construction, honer giving all existing :structures one
°year to =w into cmpldance. Commissioner Zen stated that regulation of
recreational vehicles, an the front should be separate cTdi.nanoes and dealt with
at a .latter date,
Ms= Marie Decker, 05 Royce, Euless, stated that most peq)l.e wbo park in the
front yards, are the type who don't care about their yards, their own hoL , nor
ed their neighbors property and all. they are doing is making the p--operty
;cal. ;; coo dam in the neichtxtbood. Most people are not go+irig to mcrwe into a
neighboncK)od where there are fox or rive houses with cars in the front y -ds.
We have that problem on our street right now and we have quite a few concerned
citizens on or street. An ordinance will help with the problem. Ibis particu-
lar house has a two-car garage and they stall, park in the street and on the
crass leaving the driveway empty.
Chairman Hill asked for other opponents. Them being none, r-bairman Hill asked
for discussion a ng the Ct - i..ssionex.s.
HAMM no
OF P29CLUMM NO.. P&Z 91--04 TO 14MMO AMOMEF ZONI
C2i.ssi.oner Maloney advised the C.c issioners and audience that sane is opposed
tz;k any form of a parking ordinance due to the following reasons:
(1) the e c oncmti-c inpar t and cast to t.1he property <-saner.
(2) the legal ramificati.oro and this being a thorny iss f
(3) on the conEtitutional grounds for what people can or cannot do to
their personal property; and
(4) not er gh staff in the City and we should look to ether, alternatives.
Com-i-ssioner Zahn roved to approve Resolution No. P&Z 91-04 rerommyling an.
ai,encb e to Zoning ordinance No, 347, by .requiring the following:owing: (1) parking
of vehicles within the Front yard to be on a paved surface; (2) requiring said,
vehicles within a rear or side yard to be on a paved surface or screened; (3)
except houses originally built without a garage or one-car garage; and (4)
effective upon City Council approval for all new construction, however, giving
all existing st-ruut es one year to come into cmpliance.
Ox missioner Young sec coded the mction and the vote was as follows:
Ayes: eamissioners Zahn, Young, Hill and Tyson.
Nays: C•ornissaoners Owes, Maloney and Deithloff
(chairman Hill declared the motion carried.
iawcm
There were no reports for discussion.
There being no further discussion, Chairman Hill adjourned the meting at 8m:0
P.M.
Lie 1 . M
Chainw.6 Jack Hill.
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