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Home My WebLink About1995-06-06 AGENDA PLANNING AND ZONING COMMISSION City of .��k--ss Council Chain e m Building "B" 201 North Ector Drive Eu1s4 Texas 76039 June 6, M5 5:3 - .ire--Commiss ion Meetim (Downstairs Conference doom - Building, "X. 7.01 _ Call to Order (1:'.oas:ncil (:7ham rs -- Building "B') INVOCATION - Commissioner Zahn APPROVAL OF MX-l�I.� '`US -- Regular € eeting, of MAV l6, l945 .1. FINAL PLATM-95-06 - FOREST CREEK ADDITHYN Request of Pulte Home Corporation of Texas, for the final plat of 11.382 acre; €gut of the Levi Franklin Survey, A-513, into lxms 1-18, Block A, 1-its 1--10, :block R, Lots 1--9, Block C and Lets 1-6Q Bloclb. D, forest. Creak Addition,; bated at the southwest con.ier of N. :l° air Street and Bear Creek Drive 11r PIJBLIC HEARINNG a SPECIFIC, US PERMIT i95-I2-SI.:l Request of James C. HoAibs for a Specific t1we Permit for a 7.5' pn.vate radio antenna within as R-4 (Single-Family: DetachvJ istrict) for Wt 3, Block 1, Timberline Estates; described as 612 Live Oak Drive 111. PUBLIC HEARING - SPECIFIC. USE PERMIT #95-13-S1JP Request of R, M. (Bud)'raylor for a Specific Use Permit for a If storage facility within a C-7 and 1.1 (Community and Light Industrial) zoning district on the south side of e 1100 block of West Euless Boulevard (1 ract 41I1 1I, A. :MI Downen Survey, A415' Jime 6, 1995 IV, REPORTS, ._indiA ual Posting Notice Ll'tsx E<.n r ssd)Ehi.m;F>ii-mnt l'in3f aml<p nsuv,;a disah:lk:y that roq"r ir<' %px:ial array, MCMI A OW M4Ccti.AE g3:: 1-Z ar.#«.:#�sss, ;ci'El sus ma"k,M as:zzJ v,;ur r<es1 PLANNING AND ZONING COMMISSION JUNE 9, 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 OMISSION CONSIDERATION OF SCHEDULED ITEMS -. COUNCIL CHAMBERS. Vice Chairman George Zahn opened the Planning and ,caning Commission meeting at 7:03 p.m., for the consideratio n of scheduled items. He Mated that six € embers of the Planning and ,honing Commission were present with Chairman Ronald Young absent. Furthermore, the agenda for this meeting had been properly posted in accordance with applicable law. MEMBERS & STAFF PRESENT: MEMBERS ABSENT. 'dice Chairman George Zahn Chairman Ronald Young Nancy Bright Robert McMillon Carl Tyson Joy Baldwin Billy Owens Randy J. Byers, Director of Public Works & Development Andrea A. Baxter; Assistant City Engineer Rod Tyler, City Planner Barbara Chambers, Office Supervisor Donna Brown; Staff Secretary Don Dacus, Engineering VISITORS PRESENT: Clyde Biffo€'d Mr. and Mrs. Bob Yosten Jack feller Charles Fredrick R. 'M, Taylor Councilman Frank Douglass PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Cammr sioner Tyson and the invocation was given by Vice Chairman Zahn. PLANNING AND ZONING COMMISSION MEETING - PAGE SIX June 6, 1996 population. However, when the land has something that is restrictive, such as the tall trees, the only solution is to come before the Commission and make them understand that the ordinance does not fit a particular situation or unusual circumstances. He informed the Commissioners that he felt if the situation did riot harm anyone, then it was their responsibility to make that decision, Commissioner Baldwin felt as though the harm being done was to the aesthetics. Commissioner Tyson stated he did not think the tower was doing any physical or aesthetic harm to any of the neighboring property, Mr. Hobbs informed the Commissioners that the tower was grounded and would act as a lightning rod for the neighbors. Mr. Byers stated that the ordinance does permit antennas over 35' ft with a specific use permit. Up to 35' ft may be built without a permit, the ordinance simply states that an antenna over 35' ft must have a specific use permit which is the purpose of the applicant's request. Mr. FranX Douglass: 502 Martin Lane., stated he was also an amateur radio operator in the City of Euless. He has three towers at his home which are grandfathered. He stated there have been several satellite reception dish variance requests granted by the City Council because of extenuating circumstances such as trees, etc. He stated a signal cannot be sent through the trees without loosing 2/3 of the power and it would be a great loss to have a tower of 35 11t, Mr, Hobbs is running minimum power with the current tower (10-25 watts) and he is allowed to run 1000 watts by FCC If he has to lower the antenna to get through the trees he will have to increase his power which will cause some problems with televisions and telephones, etc. The homeowner's will have to repair the television sets to adjust to the higher wattage interference, He stated the wind load factor was approximately 8 or 10 on the antenna and would take 30-40 wind load factor with the guide wires, Mr. Douglass stated this means the antenna would sustain approximately 150 mph winds or he equated it with hurricane type winds. Mr, Douglass stated the FCC regulations are not 35 ft, Mr, Douglass stated there are approximately 104 ham operators in the City of Euless and probably half a dozen towers are 7o' feet in height, Mr. Douglass stated the equipment is also used for emergency situations; storms, relay traff ic for emergency usage, communication for disasters, etc, Mr, Hobbs is instrumental in the emergency management system for ham operators. There are only 11-12 ceilified emergency management ham operators and this includes Mr. Hobbs. Mrs. Yosten stated since the antenna is in 10 foot sections, she is afraid the high winds will blow it through her house. She informed the Commissioners if this were ever to be the case, she would sue the City. She stated she is from Corpus Christ and she has seen cars float through the air. PLANNING AND ZONING COMMISSION JANE 6, 1996 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 ITEMSa COUNCIL CHAMBERS. Vice Chairman George Zahn opened the Planning and Zoning Commission rneeting at 7 .03 p,m,, for the consideration of scheduled items. He stated that six members of the Planning and Zoning Commission were present with Chairman Ronald Young absent. Furthermore, the agenda for this meeting had been properly posted in accordance with applicable law. MEMBERS & STAFF PRESENT- MEMBERS ,ABSENT: Vice Chairman George Zahn Chairman Ronald Young Nancy Bright Robert Mcl illon Carl Tyson Joy Baldwin Billy Owens Randy J, Byers, Director of public Works & Development Andrea A, Baxter, Assistant City Engineer Rod Tyler, City Planner Barbara Chambers, Office Supervisor Donna Brown, Staff Secretary Dori Dacus, Engineering VISITORS PRESENT: Clyde Sifford Mr, and Mrs. Bohr Yosten Jack Keller Charles Fredrick R. M, Taylor PLEDGE OF ALLEGIANCE AND INVOCATION: The fledge of Allegiance was given by Commissioner Tyson and the invocation was give n by Toe Chairman Zahn. PLANNING AND ZONING COMMISSION MEETING - PAGE TWO June 6, 1995 MINUTES'. The motion to approve the minutes of the May 16, 1995, meeting was made by Commissioner McMiflon and seconded by Commissioner Baldwin. The motion was amended by Commissioner Owens to include an addition to ITEM If - PUSUC HEARING - SPECIFIC USE PERMIT#96-1 O-SUP to state "Commissioner Owens also asked about the building being sprinkled and Mr. Byers informed him the square footage of the building did not require a fire sprinkler system. The amendment was accepted and the vote was as follows. Ayes: Commissioners McMillon, Baldwin, Bright, Owens, Zahn, Tyson Nays: none The motion to approve the corrected, May 16, 1995, Planning and Zoning Commission meeting minutes carried, ITEM L FINAL PLAT #P-95-06 - FOREST CREEK ADDITION Request of Pulte Home Corporation of Texas, for the final plat of 11,3828 acres out of the Levi Franklin Survey, A-513, into Lots. 1-18, Block A, Lots 1-10, Block B, Lots 1-9, Block C and Lots 1-6, Block D, Forest Creek Addition-, located at the southwest corner of N, Main Street and Bear Creek Drive, Randy J. Byers, Director of Public Works and Development, introduced the Final Plat and gave the site location. He stated the final plat was consistent with the preliminary plat approved by the Planning and Zoning Commission on August 2, 1994, and all application, fees, certifications, and monies due had been paid. He also stated the City Engineer had certified the public, improvements. The Development Review Committee had reviewed the request and recommended approval. Commissioner Owens stated he had driven to the location prior to the meeting, and found that one house had been built with four others ready for foundation. He had seer, a sold sign posted in the development, Mr. Clyde Gifford, Engineer for Nelson Corporation, 1599 Summerside Drive in Dallas, was present representing the applicant. Mr, Sifford stated he also had seen a "sold" sign in the development. Commissioner Owens asked for the minutes to reflect that it is not good business to allow a developer to come in and build and sell homes and finalize home sales before all of the public, utilities are in, inspected and the final plat is approved. He also s - .stated he felt the c ity's policy has been bent by the developers. PLANNING AND ZONING COMMISSION MEETING M PAGE THREE June 6, 1995 The emotion was made by Commissioner Baldwin to approve #P95-06 Lots A, B, C, and D as presented, The motion was seconded by Commissioner Bright. The vote was as follows, Ayes: Commissioners Baldwin, Bright, Owens, McMillon, Zahn, Tyson Nays: none The motion carried, ITEM II, PUBLIC HEARING A SPECIFIC USE PERMIT #96-12-SUP Request of James C, Hobbs for a Specific Use Permit for a 75' ft. private radio antenna within a R-1 (Single Family Detached District) for Lot 3, Bloch 1, Timberline Estates: described as 612 Live Oak Drive Randy J. Byers, Director of Public Worms and Development introduced the Specific Use Permit by giving the locatio n and type of request, lie stated this item had been reviewed by the Development review Committee and they believed the conditions for permit approval have been fulfilled, Therefore, they recommended approval. 'dice Chairman Zahn stated the public bearing had been properly advertised and property owner notification had been mailed in a ti mely manner, He gave the rules governing a Public Hearing and he opened the Public bearing. Mr. Jim Dobbs; 612 Live Oak, owner of the antenna, was present to make a presentation on the radio antenna, He stated he had been an amateur ham radio operator since the 1950's, He purchased this antenna approximately one year ago and chose to live in Euless because he was assured by the seller of his hone that it was not against uEEy Ordinance to construct the antenna, In order to get reception he had the tower built to barely dear the top of the tall cottonwood trees, He apologized to the City for not checking the ordinances out for himself and assured the Commissioners he was not trying to get by with something that was riot right, He stated each of his next door neighbors and the neighbor directly across the street were not opposed to the antenna, He stated he would answer any questions the Commissioners might have for hire. 'dice Chairman Zahn asked for any proponents of the case. Frank Douglas, 502 Martin Lane, stated he was a proponent of the request. There bung no other proponents, Mice Chairman Zahn asked for opponents. lk4r, Bob Yosten, 702 Lwe Oak, stated he and his wife had lived in the neighborhood for 23 years. He suggested to Mr, Dobbs that he had a responsibility to check city cede prior PLANNING AND ZONING COMMISSION MEETING - PAGE FOUR June 6, 1995 to constructing a <5' ft. antenna, He stated that taping the previous owner's word that it was within code to construct the tower was unreasonable. He stated the size of the tower suggests that €t €s a commercial tower and not used for recreation, He stated it was an unsightly eyesore and he resented the tower being built without asking. He also suggested that Mr. Hobbs had the tower built without permission knowing there was an or6nance against such construct€on. He also stated Mr. Hobbs was running the risk that if no one noticed the n nothing would be said. He stated that sine; Mr. Hobbs had been a harp radio operator since the 1950's then he would suggest that Mr. Hobbs did indeed know he needed a permit, Mr, Yosten asked the (,', ty what their position was on this issue after the fa€;t, especially since its against code, He stated he obviously is against this request and suggested strongly that the City penalize Mr, Dobbs and crake him reprove the tower, He also suggested that the Commissioners mandate an apology from Mr. Hobbs to his neighbors, Ms, Pat Bina, 608 Live Oak Drive, stated she has lived in the neighborhood for 21 years, She stated it is the responsibility of each family in the neighborhood to sae that all codes and restrictions are met, She stated the 75'ft. antenna is higher than the deed restriction would allow, She was co ncerned about lightening strifes and high ends being a hazard to the neighborhood. She also stated the aesthetics were bad since the antenna could be seer. She stated her neighbors should have checked with. the City prior to constructing the antenna. She stated when something like this happens in a neighborhood, eventually chain link fences, satellite dishes and other things of this nature ,would be allowed, She requested that the City not impose a fine on Mr. Hobbs but instead requested that he remove the antenna or lower it to the allowable height of 35 ft. Commissioner Tyson asked Ms, Bina to point out her house. She lives three door down from Mr. Hobbs. Mrs. Bennet, 2102 Cedar Court, was present but did not wish to speak, She signed a form stating she was opposed to the 75' ft. antenna, Mrs. Bennet's home is on the cul-de-sac across the road on the northeast corner. Ms. Bina stated another neighbor, M€. Williams at 04 Live Oak, was opposed to the antenna. However, Commissioner Owe ns stated the Commissioners had a letter fro m Mr, Williams at 704 Live Oak, stating he was a proponent of the antenna, There were letters from four other neighbors stating they were in favor of the request, Vice Chairman Zahn asked for any other proponents or opponents to come forward and spear. Where being none; he closed the Public Hearing for discussion among the Commissioners, Commissioner Tyson stated he felt the neighbors directly next door to the applicant and the neighbors immediately across the street had the greatest interest in this case and they had sent letters of support for the request, He stated there are a lot of rules and regulations in the City that people are not aware of, even himself. He .stated !~,fir. Hobbs PLANNING AND ZONING COMMISSION MEETING K PAGE FIVE June 6, 1996 was doing the right thing by trying to bring the tower into co mpliance with City regulations. Commissioner Tyson also informed the Commissioners the antenna was not a commercial tower, but for amateur ham radios which are being used for emergency services and hobby, etc, He stated he did not have a problem with approving the request, since the most affected neighbors were not opposed to the tower. Commissioner Bright stated she driven by the site and did not feel the tower looked bad. She stated she also thought the next door neighbors would be most affected and she felt since they had voiced their support, she had no problem voting for the request. She stated the emergency weather warnings and other services that Mr, ebbs provides is good for the City and its citizens. commissioner Baldwin stated she driven by the site and looping north, it could not be seen. however, she stated the trees that screen the visibility now, would loose their leaves in the printer and the tower will show mere. She stated the city had a reason for making this code and the Commission either needs to enforce the code or change it. If specific use permits are granted for everyone that wants to put up an antenna, satellite dish or whatever, then why have a code, For those reasons Commissioner Baldwin opposed the request. Commissioner Mcl` illon stated after drrving by the location, he did not think the appearance was too unsightly. He felt the next door neighbors were the most directly affected and since they had writte n letters as proponents to the case, he recommended approval. Commissioner Owens stated his opinion -had changed after listening to all testimony. He stated since the city had an ordinance he felt he needed to uphold the ordinance, He made reference to the information provided by the applicant, however, he stated he would not mare his decision on this information. Commissioner Owens asked If a citizen or a staff member made the complaint against the applicant. The information was not mailable. The tubing is constructed in 10' ft sections and rated twice as sturdy as required. The applicant gave details €n the construction of the tower. Commissioner Owens asked the applicant if he knew there were restrictions, as Mr, and Mrs, Yosten had indicated, prior to constructing the tower. Mr. Dobbs stated he was not a liar and he did not appreciate the remarks, He stated the antenna he had i n Corpus Christi -did not require a per mit. He stated he had discussed the tower with the title company and they said it. was allowable. Mr, Dobbs stated he could not have constructed the tower at 35' ft. because of the trees. Even at the current height the tower barer cleats the tops of the trees. Commissioner Tyson stated the ordinances that are drawn up will generally meet the PLANNING AND ZONING COMMISSION MEETING u PAGE SIX June 6, 1 995 population, However, when the land has something that is restrictive, such as the tall trees, the only solution is to come before the Commission and make them understand that the ordinance does not tit a particular situation or unusual circumstances, He informed the Commissioners that he felt if the situation did not harm a nyone, then it was their responsibility to make that decision. Commissioner Baldwin felt as though the harm being done was to the aesthetics, Commissioner Tyson stated he did not think the lower was doing any physical or aesthetic harm to any of the neighboring property, Mr. Hobbs informed the Commissioners that the tower was grounded and would act as a lightning rod for the neighbors. Mr, Byers stated that the ordinance does permit antennas over 5` ft with a specific use permit. Up to 35' ft may be built without a permit, the ordinance simply states that an antenna over 35' ft must have a specific use permit which is the purpose of the applicant's request. Mr, Frank Douglas, 502 Martin Lane, stated he was also an amateur radio operator in the City of Euless, He has three towers at his home which are grandfathered. He stated there have been several satellite reception dish variance requests granted by the City Council because of extenuating circumstances such as frees, etc. He stated a signal cannot be seat through the trees without loosing 213 of the power and it would be a great loss to have a tower of 35 ft, Mr, Dobbs is running minimum power with the current tower (10..25 watts) and he is allowed to run 1000 watts by FCC, If he has to lower the antenna to get, through the trees he will have to increase his power which will :nose some problems with televisions and telephones, etc, The homeownees will have to repair the television sets to adjust to the higher wattage interference. He stated the wind load factor was approximately 8 or 10 o n the antenna and would take 30-40 wind load factor with the guide wires. Mr. Douglas stated this means the antenna would sustain approximately 150 mph winds or he equated it with hurricane type winds. Mr, Douglas stated the FCC regulations are not 35 ft. Mr, Douglas stated there are approximately 10 harm operators in the City of Euless and probably half a dozen towers are r5` feet in height, Mr. Douglas stated the equipment is also used for emergency situations, storms: relay traffic for emergency usage, communication for disasters, etc. Mr, Dobbs is instrumental in the emergency management system for harp operators. There are only 11-12 certified emergency management ha m operators and this Includes Mr, Hobbs, Mrs, Yosten stated since the antenna is In 10 foot sections, she is afraid the high winds will blow it through her house. She Informed the Commissioners if this were ever to be the case, she would sue the, City. She stated she is from Corpus Christ and she has seen cars float through the air. PLANNING AND ZONING COMMISSION MEETING - PAGE SEVEN June 6, 1995 Commissioner Zahn stated the neighborhood was beautiful and the trees are a valuable asset to the community. Since the City has an ordinance that allows the antenna at 35 ft., it was his opinion to allow and grant the request for the additional height (33 ft.). Commissioner Tyson made the motion to approve #95-12-SUP and the € otion was seconded by Commissioner McMillon, Commissioner Owens Meted the point had been made if the tower is lowered, then the mash would err€e down and the tower would become more visible. Commissioner Baldwin stated she felt an approval would set a precedent; however, she did feel the a ntenna would show up more at 36' ft than it would at the 75' ft. The vote was as follows: Ayes. Commissioners Tyson, McMillon, Zahn. Bright {days, 'Commissioners Owens, Baldwin The motion carried and the case will be beard June 27, 1995 by the Euless City Council. ITEM Ill. PUBILIC HEARING M SPECIFIC USE PERMIT 9 „13MSLIP Request of R. M. (Bud) Taylor for a Specific lase Permit for a self storage fanjllity within a C..2 and 1-1 (Community Business and Light Industrial) zoninc district on the south side of the 1100 block of Best Euless Boulevard (Tract 4B1 B. A.M. Downe n Survey, A-415) Randy Byers, Director of Public Works and Development, introduced the specific use permit and gave the site location. He stated the DRC had analyzed the request and is satisfied that each of the conditions for approval have been fulfilled. Therefore; the DRC recommends approval. Vice € hairma n Zahn explained the rules governing a Public bearing and then opened the Public Hearing. Mr, R, M. (Bud) Taylor, Nacogdoches, Texas, stated he and his partner Mr, Charles Fredrick, operate four self storage facilities, He stated based on his research there was a need for a self storage facility in this location and believes it will be an asset to the community. He operates other fac€lRies in Baytown, Boerne; Lufkin and Nacogdoches, Mr. Jack feller represented his daughter who owns the adjoining property. He voice PLANNING AND ZONING COMMISSION MEETING w PAGE EIGHT June 6, 1 995 concerns regarding the need for more security than the 6 ft. chain fence shorn on the drawing. He stated the istorners need protection while loading or unloading their items from the storage facility, He recommended a taller fence that would offer more security. Mr. Keller stated he was not opposed to the project. Vice Chairman Zahn asked for any other proponents or opponents to make their presentations. There being none, he closed the Public Hearing. Commissioner Owens stated he was glad to see development in that particular area. He had question regarding the 6 ft. fence. Mr. Taylor stated they have never had anyone go over a fence at any of heir facilities. The fence has three links of barbed ire across the top. Commissioner Owens asked the applicant if he had run into any problems with the parking or any other ordinances that they had not experienced in other Mies, Mr, Taylor stated no. Commissioner Owens then asked Mr. Taylor to reiterate that the process of working with staff had been agreeable. Mr. Taylor stated yes. Mr, Taylor stated they were ready to go with the protect as soon as the City approves the Specific Use Permit. Commissioner McMillon stated the fence with barbed wire should be adleguate but should be shown on the plans. Commissioner Tyson stated he was not familiar with the type of the proposed fence but felt comfortable with the project as long as the barbed wire was on the top of the fence. Mr. Taylor stated they would use building packs for lighting. The lights mount on the building and would light an area of approximately 100 feet. Commissioner Owens made the motion to approve #95-13-SUP as presented with the site plan showing that a 6 ft. perimeter fence has metal three strand barbed wire across the top. Commissioner MeMillon seconded the motion. The vote was as follows: Ayes: Commissioner Owens, lcMillor€, Baldwin, Bright, Zahn, Tyson Nays'- none The motion carried. ITEM IV. REPORTS Commissioner McMillon congratulated Commissioner Carl Tyson on his rece nt election to the City Coundl and stated his judgement would be missed by the Commission. The other members of the Commission also congratulated Commissioner Tyson and wished him well. PLANNING AND ZONING COMMISSION MEETING w PAGE NINE June 6, 1996 Commissioner Owens asked for the record to show that the Commissioners had discussed that no living quarters would be allowed with the exception of caretekerlseour€ty only, Rod Tyler reported the P&Z training session would be the first week of July at the North Richland Hills Training Facility. He informed the Commissioners they would be transported to and fro m the session. Mr. Tyler will by unable to attend. Commissioner Owens eked that the records reflect that the staff has brought recommendations and corrections on the Comprehensive Plan to the Commissioners, He encouraged staff to proceed with this as quickly as possible. ADJOURNMENT: There being no further business the regular Planning and Zoning Commission meeting was adjourned at 8.34 P.M, Ronald Young, Ctp' an � � to fN`f„r F�IS.�1i1fiGt G�.�,ZZ