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HomeMy WebLinkAbout1995-03-21 AGENDA PISA ING AND ZONING C(")k—n11,-,1SJ0N City of Eulm, Council Chaniben, - Building 'B" 201 North Ector Drive Eulev,s, Texas 76039 March 21, 1995 Pre­Cotnmissiot� Meedna (Downstairs Confer"ce Room -- B gilding 'A".' 7.00 Call to Order (.Council 'ham rs - Building $$1111) PLEDG,1<; OF ALLEGIANCE. .. Commissioner Bright INVOCATION - Commissioner McMi:llon APPROVAL O.F .MINUTES - Regular meeting of February 21, 19 _5 I. RJRTHE . CONSIDERATION I:IF PUJBLI:U 111,A IINN(_; )E.II.EP1:;AT #P- -94-21. - OAKLAND FSTATES SUBDIVISION Regiiest of Naomi :I, Svochakfor a replat. of Lot 20, Mock I Oland Estates Subdivision into Lots 20-A and 20-B, Block 2, Oakisand :Estates Stibdi.vislon;, desc=ribed as 1603 North Main ,`street �Pub ic -Hearing closed on 02-21-95) IL ICI<IlLIC' HEARING FOR NMEND-N E T TO "I'IIE LAND Si.:'A*PIN ORDINANCE Recommend approval of R"Aution No. P&"Z 954)1. to amend the City of Euless C k of Ordinances, by Amending Section 84-334 "I-an lsc-apnIg Standards for Other than One or Two-Family Dweilings' 11-1. PURL-W HEARLNG M ZONING CANE, #95-(1'-. Request of Andrew and Deborah Chesney for a cba€age of zoning ol{ 6,988 acres known as Tracts 4BlA and 4112B of the A. NI, Dome£. Survey, A-415, from it=s presenF z-oning of C-•21 (Comaaawaity Business Distric=t) and :I--IfLi ht Index«trial Distriep to IUD (Planned De e:lopment for a wrecker service. temporary aatoitrac ; recreational vehicles, and located on the _%-nnh. side of the 12(X) block of'�'W�, 1:,.Mess lk)utevard Plr,mnln and Zoning Agenda .. 2 .. March 21 1915 IV, SITE PLAN #95-06-S-P - CLARK MCKELVEY ADDITION Req.ue4t of Andrew and Deborah Chesney for approval of a site plan for a wrnk'er rvi.C,- to be located on the south side of the 1200 block of W, Uule�-S Boulevard V. PUBLIC HEARING M SPECIFIC IlSl; Mi MIT #95-05—SUP P Con deration of a Specific Use Permit for a library,- and city ball complex in an -1 (Single-Famill, Detached Dwelling) distrizt, can :block 1, ° ucker .Add€tion, fx)ts 2 and 3, Block B and Lots 1-15, Block C, Sheppard Subdivision; located can the northwest corner of North l"Vi-w Drive and (SJ1. 183.) A rpon Freeway L SITE PLAN #95-07-SP - TUCKER ADDITION Considern,tion. of site plan approval for a libT€ry and city h-all €oniplex U-) l located can the northwest corner of North llctor .Drive acid t.&H, 183.? Airport VII L N 3 PLAN #P-95-05 w TUCKER CKE ADDITION Cs_nsideratimi of approval of a Land Plan for 18,41 acres being on Block 1, Tucker er Addition, Lots 2 and 2, block B and Lots 1-15, Block C, Sheppard subdivisi.cm, located o n the north eat comer of North Ector Drive and (S.H. 183.) Aigxwt 'freeway K)STED THIS 16TH DAY OF MARCH 1995, AT _f'� "5?' Indvidual Posting ce Fi'�;;ts€+"ix±s to ast_sx§i�£. gsth3_'t�,:'nt:f3n2 gt'Y1 v<x:taE':�cfs'�xifi:y£�23f-c.�x:irts dp.,zs.aE':'eES�;;,Exxr�xts�:tr; n�tinr,�;c:t>;s; ;:nt:r.:a ssus's?�ffr;c It!.'M')f;K.`<.167,13, wiiF hr made&:?s.>;isl,yr nx s PLANNING AND ZONING COMMISSION MARCH 211, 1995 MINUTES The Pre-Commission meeting of the Planning and Zoning Commission was called to order by Chairman Ronald Young at 5-30 p,m,, in the downstairs Administration Building Conference Room. Six members of the Planning and Zoning Commission were in attendance. PLANNING AND ZONING COMMISSION CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS. Chairman Ronald Young opened the Planning and Zoning Commission meeting at 7-00 p.m., for the consideration of scheduled items. He stated that six members of the Planning and Zoning Commission were present, Commissioner Joy Baldwin was out of town. Furthermore, the agenda for this meeting had been properly posted in accordance with applicable law. MEMBERS & STAFF PRESENT: MEMBERS ABSENT. Chairman Ronald Young Joy Baldwin Billy Owens Robert McMillon Nancy Bright George Zahn Carl Tyson Randy J. Byers, Director of Public Works Development Paul H, Kruckemeyer, , City Engineer Andrea A. Baxter, Assistant City Engineer Rod Tyler, City Planner Barbara Chambers, Office Supervisor Linda Lux, Staff Secretary VISITORS PRESENT: Councilman Henry Boatright Nick Basilla Tom Cox, Director of Economic Development 'Walter Elliott Bo Bass, Economic Development Howard Northcutt Scott Samuels Wesley Northcutt Betty Dunn Mr. & Mrs. Joel Menchaca PLEDGE OF ALLEGIANCE AND INVOCATION. The Pledge of Allegiance was given by Com missioner Bright and the invocation was given by Commissioner McMillon. PLANNING AND ZONING COMMISSION MEETING - PAGE TWO MARCH 21, 1995 MINUTES- The motion to approve the minutes of the February 21, 1995, meeting was made by Commissioner Owens with a clarification an Item I Forest Pointe Estates that the Forest Pointe Homeowners Association would be responsible for Tall Timbers and the plat that was filed would not state "1-homes Homeowners Association", The motion was seconded by Commissioner Zahn. The motion carried to approve the minutes with clarification. REGULAR AGENDA: ITEM L PUBLIC HEARING FOR REP #P-94-21 - OAKLAND ESTATES SUBDIVISION Request of Naomi J. Svochak for a replat of Lot 20, Block 2, Oakland Estates Subdivision into Lots 20-A and 20-B, Block 2, Oakland Estates Subdivision; described as 1603 North Main Randy J. Byers, Director of Public Works and Development, introduced Replat #94-21 stating a Public Hearing was hold at the Planning and Zoning Commission on February 21, 1995 at which time the Replat was denied due to technical errors, The Development Review Committee has reviewed the technical corrections and recommends approval. The corrections were reflected on the drawings in the Commissioners' packets. Chairman Young stated testimony was heard at the February 21, 1995: p meeting and the Public Heanng was closed, Paul Kruckemeyer, City Engineer, stated all technical comments have beer, addressed by the sur.eyor and this plat is in order for approval. Chairman Young opened the floor for discussion on the technical merits of the Replat. There being none Chairman Young entertained a motion the act an Replat #94-21 Oakland Estates Subdivision. Commissioner Zahn made the motion to approve Replat #94-21 Oakland Estates Subdivision and seconded by Commissioner Tyson, Commissioner Owens stated at the last meeting he abstained due to the fact he did not want this property divided into smaller lots. However, after investigating the situation and determining it to be a homestead, his position changed to support the replat. The vote was as follows, Ayes- Commissioners Zahn, Tyson, Young, Bright, Mc Millon, Owens. Nay& none PLANNING AND ZONING COMMISSION MEETING w PAGE THREE MARCH 21, 1995 The motion carried. II. PUBLIC HEARING FOR AMENDMENT TO THE LANDSCAPING ORDINANCE Request approval of Resolution No. P&Z 95-01 to amend the City of Euless Code of Ordinances by amending Section 84-334 "Landscaping Standards for Other than One or Two-Family Dwellings" Ready J. Byers, Director of Public VV'orks& Developme nt, introduced the item stating that City Staff recommended approval of Resolution No, 95-01 to amend the City of Euless Code of O rdi ante by amending Section 4-334 "Landscaping Standards for Other than One or Two-Family Dwellings" Chairmen Ronald Young -shed for some background on this amendment and Director Randy Byers explained that Rod Tyler would give the background necessary on the rules governing this amendment. Mr. Tyler stated this is e proposed amendment to the Unified Development Code that corrects the current requirement that effectively penalizes developments with street yards in excess of 100;000 square feet. The Development Review Committee has discussed this proposal and recommends approval. Commissioner Owens asked if this would dilate or effect any apartment complexes or large places in the City. Commissioner Owens commended the Staff on the Landscape Ordinance stating the UDC was not written in stone and this as its primary purpose. Mr Tyler informed the Commissioners that the landscaping requirements for apartme nt complexes would stay the same, that this amendment would only apply to street: yards in excess of 100,000 sq. ft. Commissioner Mc Millon made the motion to approve Resolution No, P&Z 95-01 to amend the City of Euless Code of Ordinances by amending Section 84-334 "Landscaping Standards for Other than One or¢wo.—Family Dwellings" and seconded by Commissioner Bright. The vote was as follow& Ayes Commissioners Mc Dillon, Bright, Owens, Tyso€ , Zahn and Young Nays: None The € oti€ n carried. PLANNING AND ZONING COMMISSION MEETING a PAGE FOUR MARCH 213 1995 M. P B C NEARING - ZONING CASE #95-02 Request of Andrew and Deborah Ches ney for a charge of zoning 6,988 acres known as Tracts 4BIA and 4132B of the A.M. Dovvnen Survey, A-415; fro m its present zoning of C-2 (Community Business District) and I-1 (Light industrial, District) to PD (Planned Development for a wrecker service; temporary autoftruck= recreational vehicles; and miscellaneous storage), located or. the south side of the 1 200 block of W, Euless Boulevard. Randy Byers, Director of Public Works and Development introduced Item No. 3 Zoning Case 95.02 as the request of Andrew and Deborah Chesney for a change of zoning on 6.98 acres known as Tracts 4B'IA and 4B2B of the A.M, Downer. Survey, A-415, from its present zonmo of 0-2 "Community Business District) and 1-1 (Light Industrial District) to Ply (Planned Development for a wrecker serAce� temporary auto/truck, recreational vehicles; and miscellaneous storage), located on the south side of the 1200 block oe W. Euless Boulevard. This submittal has bee n review by the DISC on numerous occasions and there have been numerous meetings and communications with the applicant. At this point, the applicant desires to proceed with this rawest while not conforming to the requirements of the Uniform Development Code. Specifically, in reference to the masonry fence requirements as well as the masonry requirements on the building frontage or the all weather surface storage area. For these reasons the Development Review Committee had a concerns about the potential environmental hazards, storm water runoff problems and dust control associated with the crushed stone storage area. The BPC recommended denial. Chairma n Ronald Young stated a Public Nearing had been advertised for ,honing Case #95-02 and he opened the Public Nearing. At this time he asked the applicant or the applicant's representative to come forward, identify themselves and state their address. He asked them to give a short presentation on the merits of the zoning case. Specifically addressing hoer this good be an appropriate use for this area. Na stated the Commission will address the questions to the applicant at a later time, Upon the conclusion of the applicant's presentation, the floor will be opened to those that might be in the audience in opposition to this proposed zoning charge. At the conclusion of the opponent's presentabons, the applicant or the applicants represe ntative will be able to offer any rebuttal, The Public Nearing will then be closed and the floor will be opened up for discussion among the Planning and Zoning Commissioners. Again, he asked that all testimony be factual and the Commissioners be given as much information as passible. At this time he opened the Public Hearing for Zoning Case 95-02 and ask that the applicant or applicant's representative come forward to the microphone, identify themselves and give their address prior to giving a short presentation. PLANNING AND ZONING COMMISSION MEETING - PAGE FIVE MARCH 21 Y 1 995 Walter (Dub) Elliott, Elliott & Hughes 1 001 W. Euless Blvd. "',Ale are Engineers and Plan ners. We are here tonight representing Andrew and Deborah Chesney, better known and Andy and Debbie. Its their B & B Wrecker Service, Euless: Texas in which they are requesting the PD zoning as stated in the request and by the €chairman. The property as stated, as it is presently zoned, south of Hwy. 10, approximately 300 ft. south is C-2 and the remainder is -1, Apparently when the UDC was adopted on 11-16-93 there seamed no direct zoning classification for a wrecker service and ° feel like this was possibly an oversight at that tire. as we all know from past history, Euless has been here since the late 1800s. The zoning incorporated in 1951. In 1954; Mr, Bob Baker started the B&B Wrecker Service which was part time. He owned an auto repair and service center or service shop, located on Highway 183, known now as Hwy 19 and Ector Drive. The same place that they are now, its just kind of moved around'. I think. Bobby Baker had opened an auto parts atom and kept the wrecker service. In 1 97 8, Mr, Andy Chesney was hired as the full time wrecker driver. It became then more of a full time service. In 1986, they bought the wrecker service from Debbie's sister and since that tune it has gone into a full fledged wrecker service. It presently employs 23 full time personnel and possibly will out on 8-10 more. They have a payroll of somewhere in the neighborhood of over $400,909.00 per year and have several thousands off dollars of rolling stock. For the past 40 years, I think it care as a shock to Debbie when she was looking around at how long they have been there, they have been at that spot renting for 40 years. So they feel like it is time now to move out and get their own place where. they can have their own controls and try to live within the new rules and regulations of the City of Euless. This is exactly what they are trying to do and they have purchased the property and they have made arrangements for a commitment for their building and facilities and hopefully with the .zoning approval a nd site plan approval, they can 90 forward with their plan on construction. I know there are several items that have been mentioned that is not met in the UDC controls. However, some of these might be applicable because normally Andy is not a wrecker, not what we call a wrecking yard company. Short times, normally a few days to around 45 days; they can keep the cars stored on their lot. They are usually brought in on their lot, stacked in specific rows with designated numbers, Some of the wrecked vehicles are taken to the repair shops and the ores that are not taker, will then go on the auction block and be moved out. Now, during that time there are others coning in, so it seams like it is always full. Of course, where they are now it is that way but its just because they just don't have any room to expand_" He stated that what they are proposing to build is a 4,090 square feet of office PLANNING AND ZONING COMMISSION MEETING - PAGE SIX MARCH 21, 1995 building and 5,000 square feet of shop space. They have 24 identified spaces for employee parking, however, the employees work different shifts. The wreckers are not kept at the shop, they are at the driver's homes in order for them to be on call in a timely manner, The big trUC s are kept on site for major catastrophes. There will be 300 storage spaces initially, with 8 acres for future expansion=s if need be. Mr, Elliott stated there had been discussions on the crushed stone paving that had been proposed, however, there will be no dismantling or repair service on site. In the event of any spillage, the applicant has e way of handling it. Most of the spill or leaks, batteries or whatever is damaged in a wreck is normally cleaned up by the fire department on location, Mr. Elliott stated he would be glad to :answer any question the Commission might have, He stated that what was can the site plan was what they planned to build. The applicant plans on building any 8 ft. metal fence; -completely around the portion they plan to build at this time which is approximately 4 acres with appropriate screening. The applicant plans to bu;ld a 6 ft. cyclone fence a round the remaining portion to keep people from getting o n the property, 'The proposed site will be landscaped to city specifications with a sprinkler system that will be installed by a landscaping company, Chairman Young requested that all questions be held until after the public bearing was closed. He cared for any other proponents to the zoning change. There being none; he opened the floor to those in opposition to the zoning change, Mr, Howard Northcutt 49 Lakeside Drive, Malakoff, Texas He stated he was opposed to the zoning change because he owned the adjacent property, He showed the Commissioners the property on the overhead projector screen.. He stated that he sold a portion (2,3 acres - zoned 1-1) of his property, which is the back portion of the proposed site of the zoning change. Where is a drainage ditch that crosses the back portion of the property that extends through other property, All drainage will flow to the ditch because its much lower than the rest of the property, He stated the area was swampy. Mr, Northcutt stated he felt this was a wrecking yard and this would not be appropriate for the other land owners and their business. Mr. Joel Menchaca Pastor; Calvary Chapel Hispanic Church 1202 W. Euless Blvd. Mr. Menchaca stated he was not necessarily opposed to the proposed zoning change, however he did have several questions. He stated they are a small church congregation located in front of the proposed wrecking yard. (1) What PLANNING AND ZONING COMMISSION MEETING a PAGE SEVEN MARCH 21, 1996 would be the impact on the streets as far as the businesses would be concerned because of the large trucks` Their parking lot has already been damaged because of large trucks turning around or parking on the church lot. B&B Wrecker has supplied signs to the church to help control this problem- There is a median across the middle that has very little access to two way traffic. he asked if the median would have to be cut open for access into the proposed site. (3) he had questions concerning the landscaping, however, he stated he was not aware there was a Landscaping Ordinance that would require landscaping. (4) he stated he was concerned because it was a 24 hour business. Nick Basilla (Coopers Driving Mange) United Flan Enterprises 1308 Memory Ln., Arlington, Texas Mr, Basilla stated he works for the company that owns the property to the south of the proposed site and he did not feel this was an appropriate use for this location. he said the proposed business did not tit the roaster plan of the city. Especially now that the new golf course project is being considered, the Softball World Ball Park and the fact that Hwy 10 is being considered a commercial street. He expressed environmental concerns from the proposed wrecker service, he stated that he had nothing against the B&B Wrecker Service personally and respected them for being a local Euless business for the past 40 years, he felt that the location was detrimental to other businesses but would be alright in another location. He stated it would be difficult for the Commission to grant this request for B&B Wrecker and a year or so later vote no to similar businesses. He gave several examples including another wrecker service, mechanic shop, storage service and stated it would become a never ending process on Hwy 10, he encouraged B&B to search for another location in Euless. Darlene Menchaca Calvary Chapel hispanic Church She expressed concern regarding the landscaping provisions. She felt the chain link fence would distract from the aesthetic value of Euless Blvd. She recommended a masonry fence be built to screen the view from Hwy 10, Chairma n Young asked the applicant for rebuttal. Mr. Walter Elliott referred to the site plan on the overhead projector that shoved the landscaping and the 8 ft. solid metal screening fence, he informed the audience and Commissioners that the North Richland Hill Wrecker Service has a similar solid metal fence to the one that has been proposed for this project. There will be larger trees planted that will grow to a height that vAll help screen the wrecker storing yard with some smaller trees and shrubbery in front of the PLANNING AND ZONING COMMISSION MEETING w PAGE EIGHT MARCH 21, 1996 fence, He showed the location of the parking lot for the employees, the office building, and the metal shop that has 14X!4 ft. overhead doors for wrecker service vehicles. He also showed the Commission and audience the location of the electric control gates. He stated there are no plans for a cut through on the median on Hwy 10, however it does not rule out the possibility of the Highway Department seeing a need for one at a later date. He discussed the flow of traffic into the wrecker storage area. Mr. Elliott stated if the Commissioners or property owners would like to see the building elevations: they would be glad to show them. Chairman Young closed the Public Hearing at 7:45 P,M. for Zoning Case #95-02 and opened the floor up for discussion among the Planning and Zoning Commissioners, Chairman Young informed the Commissioners that the first thing they should determine was if this proposal was an appropriate use for this piece of property, if it was, under what conditions does the plan developmenttsite plan need to have applied to it to make it compatible to the zoning that is currently in place. Chairman Young asked Mr. Elliott what made this proposal an appropriate use's Mr. Elliott stated that in reviewing the CUD code it would almost fit within the industrial usage and the front portion would fit the business zoning with the exception of the masonry fence along the front, which is required. The portion that falls withi n the industrial zoning would meet the requirements with the exception of the paving. lair. Elliott stated he would stand corrected if this was not the case. He stated since the wrecker service does not depend on ether people bringing vehicles in, parking, moving them in and out and storing then, it would be in the controls of B&B Wrecker Service to prevent problems. He did not feel the proposed site would affect the drainage significantly whether the lot was asphalt concrete or the proposed crushed stone because the same C Factors would be used in the run off irrespective of the surface chose n, He referenced the drainage ditch that was previously discussed by Mr, Northcutt stating they may need to eventually put some retention storage in this area temporarily until such time the property develops to the south and east. Chairman 'young asked fir, Elliott if this use was compatible with the businesses located within the proposed location and the zoning that would still be in. place if this proposal is approved2 Mr, Elliott stated he felt like the City would see similar commercial/industrial type development with warehouses in the area. He referenced the industrial district off of ° estpark Way with similar type buildings that are metal buildings with some landscaping. However, when these buildings were constructed the landscaping requirements were not as strict as they are now. Most of those buildings are nice industrial build€ngs. He stated there were not an abundance of people putting in commercial type buildings along Hwy f+ , but rather industrial type buildings where businesses can have warehousing and storage facilities. He recalled VVilshire Towne Center being a viable business at one time prior to it becoming empty, He further stated PLANNING AND ZONING COMMISSION MEETING a PAGE NINE MARCH 21 e 1 996 that before a church moved into their location it became difficult for the property owners to pay their taxes. He stated he did not feel like there, would be a lot of commercial development on Hwy 10 from Euless through Hurst but mostly industrial type businesses, He stated there would be more tax money from ad valorem tax and stated ";as a ,an downer himself' there is a certain period of time you can hold land and stay there before you have to turn it into something and get out. He informed the Commissioners that the City needs to encourage something to happen to increase the tax base and the proposed project would do that. Commissioner Owens stated to Mr. Elliott that at one time the Pizza !•-Brit was a Friable business and going strong: the Western Hills Inn was also a viable business and this was the hub of Euless. He stated that these businesses are closed today and have been closed 8-10 years. A church bought the pizza Hut at a good price and when they came before P&Z for approval the Commissioners informed them this would be an industrial or commercial district and they were aware of this. He stated going south of this site the City had a Sambo`s Restaurant that closed down several years ago. He asked Mr, Elliott if the proposed property is something along the lines of the property at Hwy 360 or 121 which is still vacant. He stated when the, Commissioners refer to "best and possible use", he also has questions whether or not a wrecker yard would go against the term. He also stated that he would have a problem with drainage if there were to be gasoline, alcohol and other chemicals in the sewer. He asked Mr. Elliott if theme was a hazardous spill would there be a difference in maintaining control between concrete, asphalt and the crushed stone. Mr. Elliott stated if theme is a hazardous spill , die to the contours that slope from the north end to the south end; asphalt would not be the proper surface if there were a hazardous material spill because it would eventually deteriorate. Also it would run off faster and there would be less containment and theme would have to be some sort of containment put in on the lower portion of the property to keep the materials from reaching the creek or the seater tributaries, Mr. Elliott informed the Commissioners that there is a company that makes a chemical (approved by the Texas Mate Water Board and the EPA) whereby if there is a petro-chemical or hazardous material spill, the chemical will treat the spill. In most cases it should only tape approximately two treatments for the molecules to disperse the spillage. Commissioner Owens addressed landscaping with Mr. Elliott. He stated that in the past he has heard Mr. Elliott promise the Commission that a project will have landscaping and three months later the project is up and the landscaping is not done. He stated if the Commission is told there vAll be 3" trees he herpes they can be assured it will be done. Mr. Elliott stated there was a landscape architect that helped in the design of this project by following the guidelines of the City. l+fir. Elliott further stated that he never has intentionally misguided anyone. He only represents the builder and when they come in for a building permit, them City staff would make sure the conditions and E equ€rements are met. Mr. Owens stated his intentions with the question was in answer to the Church ;s PLANNING AND ZONING COMMISSION MEETING - PAGE TEN MARCH 21, 1996 nguiries regarding landscaping. Mr, Owens asked Mr. Elliott if there were any businesses around the proposed area that had as much landscaping as they have in their proposal. Cllr. Owens stated there appeared to be more landscaping in the proposal than around the buildings in the area Mr. Elliott Mated that the ordinance was adopted in 1993 and before that time it was left up to the builder to install whatever was needed. Now there are specific guidelines to follow, He also informed the Commission that staff's follow up program does not allow a business to deviate from the requirements. Mr. Elliott stated the office building would be brick on the front, crest side and east side but the back instruction of the building would be metal. It would also have a carport with 6 parking spaces for the office staff'. He stated the shop building does not have any proposed bnc, and is proposed to be an all metal building. Commissioner Owens ask for the reasoning for the metal building. Mr. Elliott stated there would be three metal overhead doors on the front and the back and the building would be set back. from the property lire approximately g3'ft, Mr. Owens stated he was trying to establish what was going to be seen from Hwy 10. He stated according to the proposal, if he were driving down Hwy 10, he would see hedges, an 8° ft, metal fence with landscaping, and a brick veneer office building with windows across the front. He stated because Hwy 10 is higher in elevation than the proposed suer he asked Mr. Andy Chesney if junk cars would be stored in the manner they currently are (because of the current lack of space). Mr. Elliott replied the oars will be stored in nu mber assigned spaces that have been marked off, He also stated this was a toeing service and not a wrecking yard. He asked if there were, going to be junk cars outside the fence for overflow parking? Mr. Elliott stated the cars would be behind the fence and there would be an auction, approximately every 45-60 days, These would be cars that are not picked up or cars that the fees have not been paid. Mr. Chesney stated that approximately 50 people would attend the auctions lasting for approximately 1w1 1/2 hours, Mr. Elliott stated that because 50 additional vehicles would show up for the auction, there has been overflow parting spaces designated. Mr, Owens asked if the cars were left over the 45-60 day period, could the City dictate to get rid of the cars, Mr, Chesney stated his lot is licensed by the Railroad Commission and they cannot disassemble anything off of a car. Mr. Chesney stated if a vehicle is wrecked and the owner wants to come to the lot to remove a fender, they are not allowed to do so. He further stated an owner of a vehicle would be permitted to remove personal items from the car but would not be permitted to remove wheels or anything else from the car.. Commis-sioner Owens asked if the large trucks would be behind the fence, Mr, Chesney replied they would be behind the fence. Commissioner Ovens asked Mr, Elliott to explain the parking designation in the front portion of the business. Mr. Chesney stated if a driver returned to the let without a car he could park in one of the parking spaces 12-18, Mr. PLANNING AND ZONING COMMISSION MEETING a PAGE ELEVEN MARCH 21, 1996 Chesney said he hoped that was € of the case, he would mate€'them came in with a car. Parking spaces #12-18 are primarily for customers, Commissioner Owens referenced the concrete paving that cores in to the property and around to the back. Commissioner Owens asked the City Engineer to address drainage. Baal Krucke meyer; City Engineer, stated that the drainage would be handled during construction plans and would not be handled at this time, Commissioner Owens asked Mr. Chesney why he didn't just clean up and .stay at his present location and what was the reason he wanted to move to the new location, Mr. Chesney stated there was not enough room and he did not want it. He also stated that B&B Wrecker pulls cars for the Cities of Euless, Buford; Hurst and €VFW Airport. He also stated that his business needs to be located on a major road for the public to find them, He reiterated that B&B was a wrecker service and not a wrecking yard and they are not allowed to remove, sell or auction anything from a vehicle because of state law. They only sell the whole vehicle and most of the time a car is only on the lot for approximately 5 days, if someone does not have insurance on a wrecked vehicle the yard will do proper notification to the owner and the newspaper and then auction the car if there is no response. Commissioner Owens asked Mr. Chesney if he had an accu mulation of anti-freeze, oil or other hazardous materials spilling out of the radiators. Mr. Chesney stated he did not have enough time to have someone check his yard, however, he stated there is a yard in Arlington, Texas that has been in business since 1969, that had an underground fuel tank to leaf and the Texas Water Board investigated by drilling holes and found contaminated soil around the tank but after checking the remainder of the yard found it to be spotless of any contaminatio€n. This occurred in 1993. Mr, Chesney stated he had check. into a chemical called Bio-Solve that is sprayed on spills and it brews down hydrocarbons and literally brews the contaminant down. He had a letter from Texas Water Commission stating it was proper to use this chemical for hydrocarbon spills on land or water including removal of hydrocarbons from highways, parking lots or gas stations throughout the state. This chemical is also approved to be used in emergency situations to run through the storm sewer. Commissioner Owens had questions regarding the storage of recreational vehicles in the City, He reference having a location at one time with proper zoning for storing recreational vehicles. however, there was a higher and best use for the golf driving range to be built . He questioned the tax benefit but stated it looped better. Commissioner Owens questioned what type of recreational vehicles would be stored at the proposed yard. Mr, Chesney stated they would stare R\Ps, motor homes, private trailers and recreational vehicles that cannot be paned i n the grass or driveways. He referenced the city ordinance that prevents parking a recreational vehicle on the grass. He told the Commissioners that recreational vehicles are already stored across the street at the Pilgrim Warehouse. PLANNING AND ZONING COMMISSION MEETING s PAGE TWELVE MARCH 21, 1995 Commissioner Owens stated there were no opponents present that own light manufacturing businesses to the west of the proposed site. Mr, Chesney stated a business the west of his land would be storing brick and that a mini warehouse would be going in to the east of his land. Commissioner Owens voiced some concerns regarding the metal fencing, He made reference to the unsightly metal fence under the high wires at Smith Concrete and the fence at John Voss on Pipeline Road. Mr, Chesney stated the fence would be a baked or, metal fence. Mr, Chesney also stated they haul 7 ft, overseas containers for Walrnart but they are empty and contain no hazardous materials in fact nothing Js in the containers. B&B Wrecker only picks up and delivers the empty containers. Commissioner Owens stated that the staff report reflected three "nor. satisfactory" items and two of the three had been addressed; the other Item was a masonry fence. He asked Mr, Elliott if the wrecker storage business would be a hindrance to the other businesses. Mr, Elliott replied if the businesses were compatible type businesses, in which fact Mr, Jennings is in the manufacturing business and stores his products,. it would not cause any adverse effects, Commissioner Owens stated he was mare of the Western Hills Inn across Hwy 10 and for the last 15 ears the city has had big plans for the property but they have not materialized. He stated the city has tried to keep this property for highest and best use every time something has been proposed it falls through. He asked the applicant where else would a wrecker towing service be best located in the city? He discussed the union hall that does welding and apprenticeship training, pipeline Road extensions to the golf course; the old motel on Heather Drive and Cardinal Wrecking Service that is operating where some houses were built and was licensed by the City. Commissioner Owens stated these businesses were degrading to the property. He asked if the property along Hwy 10 would have a higher usage such as multi-million dollar homes, Mr, Elliott reference a potential buyer for property along Hwy 10 that he considers a high quality industrial business, Mr. Elliott informed Commissioner Owens that he foresees light industrial businesses on Hwy 10 as opposed to heavy industrial. He stated when Mr. McKelvey was developing his pony farm and once he located ambo°s, they thought the whole tract of land would develop, but that was 20 years ago, Commissioner Owens asked if the proposed wrecker service would have a negative impact on Softball World. Mr Elliott stated he did not feel it would, because teams come to play softball and finish their games and then another team comes in to play, Commissioner Owens asked again for a detailed explanation of the parking set up for vehicles towed into the wrecking storage yard, Mr. Chesney stated one row of parking would be for vehicles towed from the Airport, one row for Euless, one row for Bedford and one roar for Hurst. Mr. Chesney stated the city would even get "a little tax money" from the other cities. He further explained that each vehicle would get a space number, be parked and the oar would not be touched until someone picked it up or until it was sold, He described his current operation of retrieving cars as very costly. �Xth the new PLANNING AND ZONING COMMISSION MEETING - PAGE THIRTEEN ,ARCH 21, 1996 operation it will be easier to retrieve a car and vehicles will not have to be moved in order to get another one out of a parking space, Mr Chesney stated he would not maintain any other location in the City other than the proposed location, Commissioner Owens stated that Mr. Chesney has said he would own the property, manage the property: hire people to run the business, keep it in good condition; landscape the property; live by the City Ordinance as he is working Linder the City Ordinances currently. He asked Mr. Chesney if he had checked on the cost of concrete verses crushed stone for 6,9 acres. Mr, Chesney stated that the cost of concrete as shown on his proposal is $118,000.00 and that was a small amount of concrete. Commissioner Owens passed the discussion on to the remaining members of the Commission, He reserved the right for summation at the close of the discussion. Commissioner Carl Tyson asked about the fell of the land fro m the street to the back of the property, Mr, Elliott stated it was approximately 25 - 30 feet. Commissioner Tyson had concerns regarding the 8 ft. screening fence that would be used to screen the visual impact of the wrecker yard, Mr, Elliott stated the road is elevated 8 feet, above the property. One of the buildings (thy; office) would be 14 feet high and the other building ;`the shop) would be 19 feet high. Mr. Elliott stated there would be some visual impact coming from the west to the east until something is developed on that property, Commissioner Tyson stated the screening fence would not do any good since the land falls the way it does and this was one of his greatest concerns. Mr, Chesney stated that by proposing the metal fence he would rather spend the diff=erence in money on €no€'e landscaping such as larger tress and shrubs, that would screen a little quicker. Commissioner George Zahn asked for a percentage of oars that could be driven off of the lot at any one time. For example how many are damaged and how many are picked a_ap because they are parked in the wrong place. Mr. Chesney stated they pick up approximately 150 cars per month from the Airport that are generally newer vehicles. He stated they have an auction every 45 days whereby they sell 25-30 cars. He also stated they very seldom have more than 40 oars in -all, Commissioner Zahn asked about the turnover of vehicles and could a vehicle be left on the lot for 3-10 months. Mr. Chesney stated on occasion a vehicle could be left that long because a vehicle damaged in an accident might be tied up in court.or by a police department. He:Mated maybe 2 per year would fall in this category but if a car is insured the owner or his1her agent would pick up the car immediately. He further informed the Commission there is currently a Bill before Austin that would mare owners get the car. Commissioner Zahn asked how many cars are towed for private citizens as opposed to municipalities. Mr, Chesney stated the majority of their towing comes from private citizens rather than cities and a number of those tows will go to other lots. PLANNING AND ZONING COMMISSION MEETING w PAGE FOURTEEN ,ARCH 21, 1996 Commissioner Robert McMillor, prefaced his comments by stating he agreed that B&B Wrecker Service provided a valuable service to the City of Euless and sincerely applauded their effort in trying to expand their business and stay in Euless, He stated as a member of this Board he has major concerns about not listening to the recommendations of City Staff. There have been cases when a ruling was made that has been marginal and recommended to City Council that took, exception to the UDC, He voiced concerns about the City Staff recommendations in so many areas that this project does not meet minimum standards. Normally, when the Commission loops at a planned Development, they are looking at are improvement over a cite standard. In these case. he felt they were looking at lessening a city standard in the area of the paving, masonry ,requirements and the screening fence, He stated the Commission has been adamant in the past in their decisions regarding screening fences along major arterials. He also expressed concern whether this was the highest and beat use for this property, f is major concern was the lesseni ng of the standards for this piece of zoning and going agai nst recommendabons of City Staff. Commissioner fancy Bright stated her concerns were much the same as Commissioner McMillon's and going against the recommendations of City Staff. She stated she drove past the proposed site and noticed the fall of the land. She stated no matter how fall the fence, whether brick or metal= there would still be a visual impact, She stated she knee B&B Wrecker Service was a valuable service because she had personally used them, but she did not think: this }piece of property was the best place for the proposed busi ness. Chairman Ronald Young asked what makes the proposed use on this particular piece of property an appropriate use's Mr- Chesney stated he owns this property and it was the only piece of property in Euless that he did own, He felt it was on a major street that would enable his customers to find the location. Mr. Chesney reference the remark from Mr. Basilla regarding not giving them approval for fear other like businesses would come into the City. Mr. Chesney stated Euless already had a storage yard to be approved i n 19-03 in C_2 zoning. He stated they were proposing a metal fence with landscaping and the yard o n feather does not have a fence at all. rlr. Chesney stated CarterWrecking Service has been in the city for approximately 6 months and he felt B&B's current place was Dept cleaner than Carters. He stated the current location was over crowded and the new location was the only place they could expand within their budget. Commissioner Owens stated over the years; staff` had been blamed for net making the negatives of a case known up front to both P&Z and City Council in order to get the highest and best use, He stated that staff has also been charged by City Council to make sure the ordinances work. He stated the charge of the City was to maintain a tax base; bring employment to the City; beep the tax rolls going and mane sure the local businesses in town that have been loyal to the citizens stay and Delp the City grog.. He stated if this was riot the charge of this Body they would be on staff saying "this is cut PLANNING AND ZONING COMMISSION MEETING m PAGE FIFTEEN MARCH 21, 1996 and dried by the rules and regulations, and you will apply them and that's going to be it", He stated he did not want to place a burden on a business that has helped Euless grow and at the same time did not want to say that staff was wrong. He felt this use was proper because it has been sitting vacant and going fro m one ha nd to another, Restaurants have gone in and then out of business, motels have gone in and gone out of business, shopping centers have gene in and out of business and now the Laity has the opportunity to put a stable business into operation. He felt he had assurance that the parking facilities were as good or better than some than were currently in the city such as K-Mart, the church parking lot across the street and the used trailer rental lot, He informed the Commissioners that the opportunity exists to move an unsightly operation from out of the corelentrance of the city and move it further west which is light industrial. He felt the proposal was a higher use than another gas station, m nl-warehouse or another baseball world which is not maintained. Co mmissioner Owens stated that even the Airport has faith, in B's operation and other cities are coming to a Euless business, He stated even though the rules exist, some of them were amended at this very meeting. 'When the UDC was adopted; €t was based on past practice on staff's recommendation. At that time staff stated there would be things coming before the Commission that would have to be amended because hind sight is better than where things are as of today. He stated he was in favor of this project, Cum€ issener Owens informed the Commissioners he lived in a nearby area and felt the residents of Wilshire would have been present to opposition if they thought this proposal was such a bad ,use, Commissioner Owens stated that the Commission needed to look at this as citizens, not by rules and regulabons, but what is best for the citizens of Euless, However, he had some concerns with the proposal, but personally, he stated he felt like this would be good for the citizens and for the City of Euless. Commissioner Owens made the motion to approve #ZC-95-02 with the following stipulations. 1 The cperatorlowner of this property be fable for any hazardous material spills or anything that would make the City of Euless liable; (2.) that the landscaping trees be of a larger caliper tree tthe largest trees within reason), (3) that this business be operated as a wrecker, towing, RV and container storage and not a wrecking yard. The motion died for a lack of second. Chairman Young entertained another motion to act on #ZCW 5-02. Commissioner McMilinn voiced the difficulty in making a :notion due to the fact that Mr. Chesney was tying to improve his business from its current stags. He felt he would readily support the proposal if it met more of the City Staffs recommendations. Commissioner McMillon made the motion to deny #ZC-95-02 based on City Staff recommendations. The motion was .seconded by Commissioner Tyson. PLANNING AND ZONING COMMISSION MEETING a PAGE SIXTEEN MARCH 219 1995 Commissioner Owens asked what areas; that were not staff supported, had not been covered. Commissioner McMillon stated the masonry fence, the environmental hazard potential., the crushed stone paring lot and the lack of masonry on the second building. Commissioner Tyson stated it would be very difficult to do any type of screening since the la nd falls much lower than the street. He explained his second to the motion as being for this reason. He felt the screening requirements for Hwy 10 would be impossible to do regardless of how high the fence would be. Commissioner €wens asked Commissioner Tyson if he thought the applicant answered this concern by explaining the height of their buildings, Commissioners Tyson and Bright quoted the applicant as saying the land to the west would have to be developed in order to provide screening, Mr. Elliott stated that it would not matter what type of business would go in this property, they would have the same problem with screening. He also stated that a business could not borrow enough mo ney to concrete the entire parking lot at one time; however, it dues not mean it would not be concreted over a period of time as the business expands. He further stated that Mr. Chesney has go ne before the Small Business Administration and other lending linstitutions and it is not that he does not want to do these things, but he is limited as to what he can do. W Elliott did not feel that banking land investments would change because of the 1985 Tax Equalization Act that was voted on and passed. This caused turmoil to the people that were in the immediate investment land develop ment and land values have changed. He asked the Commis-sioners to please keep all these issues in mind not only for Mr. Chesney's project but for others than cone before them. Commissioner Owens asked Commissioner McMillon if he would consider tabling the motion. He then asked Mr. Elliott if they would consider complying with some of the issues such a the masonry fence because it is a requirement. He explained that if the proposal is denied by P&Z , they had the right to go before City Council. He felt that denying the case was extremely harsh. Commissioner Tyson stated the issue was not east the masonry fence. Mr. Elliott stated that City Staff had no alternative but to male the statements and recom mendatio ns because they live by the guide boob that was adopted in 1993, It specifically outlines certain things that an applicant must do. In order to deviate from that; does not necessarily €nea€°they agree, it just means they cannot come before the Commission and say things are alright because it goes against ghat has been adopted. Mr. Elliott stated to the Commissioners that their Board has the prerogative to male the recommendations mendations and charges or they have the prerogative to deny the proposal. Thus, the applicant has the right to go before City Council and ask for approval, The recommendation from P&Z can be overridden or it can be turned down. At that point it comes back to the drawing board if the applicant wants to or he makes alternative choices. PLANNING AND ZONING COMMISSION MEETING - PAGE SEVENTEEN MARCH 21, 1995 Com€ issioner Zahn stated that the majority of the Board felt this was not an appropriate use for this piece of property. He informed the applicant and Commissioners they could talk about the masonry fence, the concrete pad and the concrete facade o n the front of the building, even though he was not in favor of denying of this project; but this was not an appropriate use for this property. Commissioner Omens stated it would serve no purpose to make e rmobon to table the items. The vote was as follows: Ayes: Commissioners McMillon, Tyson. Young, Bright Nays: Commissioners Owens, Zahn The motion carried to deny Z8-9 -02. Chairman Young informed the applicant that they could be heard by City Council in three weeks, April 111 1995. ITEM IV. SITE PLAN #96-06-SP 4 CLARK MCKELVEY ADD17ION Request of Andrew and Deborah Chesney for approval of a site plan for a wrecker service to be located on the southside of the 1200 block of W, Euless Boulevard, Chairman Young stated that Item Ins' was the site plan #95-06•-SIB that accompanied the previous zoning case, With the passage of the motio n to deny that zoning case, it is appropriate to have a motion to deny the site plan. Commissioner McMillon made the motion to de ny site plays 95-06-SP and Commissioner Tyson seconded the motion, The vote was as follows: Ayes: Com€nissioners McMillon, Tyson, `young Bright Nays. Commissioners Owens, Zahn The motion carried. The chairman called a short recess at Q-: 2 P.M, The Planning and Zoning Commission meeting reconvened at 917 P.M. PLANNING AND ZONING COMMISSION MEETING w PAGE EIGHTEEN ARCH 21, 1995 ITEM V. PUBLIC HEARING a SPECIFIC USE PERMIT #95-05-SUP Consideration of Specific Use Perm;,t for a library a nd city hall complex in an P-1 (Single Family Detached Dwelling) district, on Block 1, Tucker Addition, sot 2 and 3, Block. B and Lots 1-15; Block C, Sheppard Subdivision; located on the northwest corner of forth Ector Drive and (S,H. 183) Airport Freeway- Randy Byers introduced the Specific Use Permit to allow for the construction of a new library and city hall complex in are P1 Single Family Detached zoning district. The Development review Committee has reviewed this application and recommends approval. Chairman Young stated the Public Hearing had been advertised for Zor° ng rase#95-05- SUP and opened the Public Hearing. He called for the applicantlapplicant representative to give a presentation. He explained the rules governing a Public Hearing. Bo Bass, City of Euless Economic Develop ment Department, 201 N, Ector Drive spore as the applicant. He stated this was a ':oo wafted project since the City;.s half-cent. sales tax was Passed He stated this was an important stepping store as well as an exciting project for the City. City Council, in establishing the co, mmittee and the project; had four basic directives; 1.,i build the best building you can build for the dollars available" .) upgrade trafl c safety and functional access to the entire carpus to provide good logical and well designed setting for the library; 3.) improve the aesthetic value visual appeal on the entire campus, not only for the campus` sake but also for the library; and 4.) comply with all of Euless' Coda of Ordinances. Mr, Pass stated this was the most logical and well placed use for this location. The entire campus is already zoned Governmental Use in are P1 District, Mr. Bass stated that the homes on the west side of Sheppard should enjoy the nice brick library with landscaping versus what was there previously, He informed the Cornmission there would be short terra impacts through the construction period lasting approximately; 9-12 months, There were no proponents or opponents present, Chairman Young cjosed the Public Hearing, Commissioners Tyson, Zahn, Bright, and Mc Millon voiced their support for the new library, Commissioner Owe ns expressed concern for the houses o n the west side of the complex in which the City has not been able to arrive at a clear demarkation, He stater( he did not have any other problems with the library and asked that Mr, Bass consider the citizens that live in that particular area, He stated he was not as concerned with the off, site renters but he felt the city is morally obligated to look at the possibility of purchasing those homes and not be restricted to the owners book value of the property, M, =bass point ed out the renter occupied and the two owner occupied homes to the Commission, PLANNING AND ZONING COMMISSION MEETING w PAGE NINETEEN ARCH 21, 1395 Betty Bunn 19 Sheppard Drive Ms. Bunn stated the City did approach her, but she wants to remain in her hone until she retires. She stated she has not had any conversation with City representatives regarding access to her borne during construction. Mr. Bass stated he would be available to meet with Ms. Bunn at any time. She also had questions regarding the destruction of portions of the street. Randy Byers stated that the water services had to be untied from the main and informed her the septic tanks had been removed, Ms, Dunn stated that asphalt pavement had been patched into the hales. Mr, Bess informed the Commissioners that when the contracts are negotiated and they have a successful bidder with a specific plan, that Sheppard Drive access would be taken into account at that time. Commissioner Bright made the motion to approve #95-05-SUB as presented and the motion was seconded by Commissioner Zahn. The vote was as follows, Ayes, Commissioners Bright; Zahn, Tyson, McMillon, Owens. Nays'- None The motion carried. ITEM `fit. SITE PLAN #9"7-SP m TUCKER ADDITION Consideration of site plan approval for a library and city hall complex to be located on the northwest corner of North Bctor Drive and (B.H. 1 3) Fairport Freeway. Randy Byers stated the Development Review Committee had reviewed the site plan and found the information provided to be consistent with the zoning subdivision regulations of the Euless Unified Development Code and therefore recommends its approval. Commissioner Zahn asked for explanation regarding the drawing. Mr. Basis explained the architectural design was to keep the central focal point around a surf dial, Commissioner Owens asked if an audio roam with protector was included in the plans, Mr. Bass stated that $40,000 was budgeted for an audiolvisual system. Commissioner Zahn made the motion to recommend approval of Site Blare 95-07-SP and PLANNING AND ZONING COMMISSION MEETING - RAGE TWENTY MARCH 21, 1995 the motion was seconded by Commissioner Owe ns. The vote was as follows. :dyes: Commissioners Zahn, Owens, Tyso n, Young, Bright, McMillon Nays: None The motio n carried. ITEM il- LAND PLAN #P-96-05 K TUCKED ADDITION Consideration of approval of a La nd Plan for 18.41 acre being o n Bloch 1, Tucker Additio n, Lots 2 and 3, Blau B a nd Lots 1-15, Bloch. C, Sheppard Subdivision, located on the northwest corner of North Ector Drive a nd (S.H, 183) Airport Freeway- Randy Byers introduced the Land Plan by stating that DRC had reviewed the submittal a nd finds that it meets the applicability ordinance and therefore recommends approval of the Land Plan. Commissioner Mc Millon made the motto€� to approve Land Pia #P-95-05 and the motion was seco nded by Commissioner Bright, The vote was as follows- Ayes, Commissioners MeMillon, Bright, Tyson, ,Zahn, Young, Owens Nays None The motion carried. ADJOURNMENT: ENT: There being no further business the meeting adjourned at 9:39 P,M, Chairman� onald oung Bate p.Ac'��<K3321'85:ytts.pux