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HomeMy WebLinkAbout1997-04-01 AGENDA PLANNING AND ZONING COMMISSION City of Euless Council Chambers - Building "B„ 201 North Ector Drive Euless, Texas 76039 APRIL 1, 1897 5:36 - Pre-Commission Meeting (Downstairs Conference Room - Build.ing "A") 7:00 - Call to Order (Council Chambers - Building "B") PLEDGE OF ALLEGIANCE - Commissioner Bright INVOCATION - Commissioner McMillan APPROVAL OF MINUTES Planning and Zoning Meeting March 16, 1997 REGULAR AGENDA ITEMS I, PUBLIC HEARING. - SPECIFIC USE PERMIT - #96-44-SUP - AVIARA APARTMENTS AT BEAR CREED Public input regarding a request of Barry Howard, from Fairfield Residential Companies for a Specific Use Permit for a 436 unit apartment complex within the CUD #754 (Multi-Family Dwelling District 12 units per acre) zoning district; located in the Northeast corner of Harwood Road and Fuller-Wiser Road; 37 acres out of the R, Crowley Survey, A-312, Tracks 5131 and 6C Ile RECOMMENDATION OF SPECIFIC USE PERMIT - #96-44-SUP - AVIARA APARTMENTS AT BEAR CREEK Public input regarding a request of Barry Howard, from Fairfield Residential Companies for a Specific Use Permit for a 436 unit apartment complex within the CUD #754 (Multi-Family Dwelling District 12 units per acre) zoning district; located in the Northeast corner of Harwood Road and Fuller-Wiser Road; 37 acres out of the R. Crowley Survey, A-312, Tracks 5131 and 6C III, CONSIDER APPROVAL OF LAND PLAN - #96-28-LP - AVIARA APARTMENTS Consider approval of a Land Plan of 37 acres into Lot 1, Block 9, Villages of Bear Creek, located in the Northeast corner of Harwood Road and Fuller-Wiser Road; 37 acres out of the R. Crowley Survey, A-312, Tracks 5B1 and 6C PLANNING & ZONING COMMISSION -2- APRIL 1, 1997 IV. RECOMMENDATION OF SITE PLAN - #96-43-SP - AVIARA APARTMENTS AT BEAR CREEK Consider recommendation of a Site Plan for a 436 unit apartment complex located in the Northeast corner of Harwood Road and Fuller-Miser Road; 37 acres out of the R. Crowley Survey, A-312, Tracks 5B1 and 6C V. PUBLIC HEARING - FINAL PLAT -#P-97-05 - HARWOOD COURTS Public input regarding a proposed Final Plat of Lots 1-30, Block A, Harwood Courts Addition VIe CONSIDER APPROVAL - FINAL PLAT - #P-97-05 - HARWOOD COURTS Consider recommendation regarding a proposed Final Plat of Lots 1-30, Block A, Harwood Courts Addition VII, PUBLIC HEARING - AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE - #PZ-97-03 -AUTO SALES Public input regarding the amendments to the Unified Development Code Section 84-84, Table 4-A and Section 84-85 regarding regulations applicable to new and used motor vehicle, boat, recreational vehicle and utility trailer dealers VIII. RECOMMENDATION OF AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE -#PZ-97-03 -AUTO SALES Consider recommendation regarding the amendments to the Unified Development Code Section 84-84, Table 4-A and Section 84-85 regarding regulations applicable to new and used motor vehicle, boat, recreational vehicle and utility trailer dealers IX. REPORTS POSTED THIS 27TH DAY OF MARCH, 1997, AT 4,00 P.M, Donna Brown Individual Posting Notice if you plan to attend this publ c meeting and yati have a disability that requires special arrangemeits at the meeting.please Contact our et€ice tat($17,,685-1&:9. P,easonabl3 accorrmooat:orss will be mace to assist,your needs. PLANNING AND ZONING CQMVISSION APRIL. 1, 1997 NNUTES 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 Building „A' Large Conference Room. Six rnernbers of the Planning and Zoning Comrnission were in attendance. PLANNING AND ZONING COIVMSSION CONSIDERATION OF SCHECULED ITE COUNCIL CHANMRSA Chairman Ronald Young called the Planning and Zoning Comrnission meeting to order at 7:00 p.m, for the consideration of scheduled item. He Mated there were six members of the Planning and Zoning Con scion present. Commissioner Eggers vms absent. Furthermore, the agenda for this meeting had been properly posted in accordance with applicable law. I? RS &STAFF PRESENT IV ENMRS ABSENT Chaim-an Ronald `young Keith Eggers Nancy Bright Joy Shuler Robert McMillon George Zahn Billy Owens Bo Bass; Director of Planning and Development Paul Kruckerneyer, City Engineer Rod Tyler, Planning: Services Manager Barbara Chambers, Development Office Supentisor Donna Brown, Development Office Technician Michael Logan, Fire Marshal VISITORS PRESENT: Lloyd Dicken Mike Daniel AI Salazar Barry Howard Gerry & George Watkins Charles Hubbard Mark Alfieri PLANNING AND ZONING COMWSSION MEETING - PAGE TWO APRIL 1, 1997 PLEDGE OF ALLEGIANCE AND IWOCATION: The Pledge of Allegiance was given by Commissioner Bright and the Invocation was given by ConTnissioner McMillon. APPROVAL OF Nl1NUTES Conynissioner NWillon made the motion to approve the corrected rranutes of the March 18; 1997, Planning and Zoning Corrrnission meeting as presented. The motion was seconded by Commissioner Owens. The vote was as follow. Ayes: Commissioners McMillon, Cwens, Young, Shuler, Bright, Zahn Nays: None The motion carried. REGULAR AGENDA ITEM 1. PLUJC HEARING m SPECIFIC USE PE T m #96 UP - AMARA APARTNIENTS AT BEAR CREEK Public irqxt regardng a request of Barry Hmar4 fmm Fairfield Residential Companies for a Spedk Use Permit for a 436 unit apart mnt cwipex "n the CUD 9754 (-Family DmIlling Distilict 12 units per a ) zonling distrkt bated in the Northeast comer of Harwood Road and Ftdler Wiser 37 acres otA of the R. Cr ley Survey,A-31 Z Tracts 51311 and fC Bo Bass, Drector of Planning and Developrnerrt, stated the first case regarding Aviara Apartments was a public hearing for a Specific Use Permit request. The purpose of a SUP is to identify and to attempt to mitigate any off-site impacts this particular use might possibly cause at this site. The SUP is not a question of permitted use because this particular use is a permitted use with the addition of a SUP. The Development Review Committee had reviewed the request and found that all potential negative impacts had been mitigated by the applicant and therefore; recommended approval. He stated there were 436 units being proposed; 90% masonry which is proposed to be stucco and has a low density of 12 units per acre. He stated the project exceeds the landscaping requirements and the units have covered garages. He gave the general location. Chairman Young explained the vales and procedures governing a Public Hearing and then opened the Public Hearing for#96-44-SUP. PLANNING AND ZONING COIVMSSION IMEETlNG w PAGE THREE ,APRIL 1, 199 Barry Howard, Fairfield Development, 2045 North Hwy, 360, Suite 250, Grand Prairie, Texas, represented the request. He provided marketing brochures for the Comrnissioner's review. He stated Fairfield Development currently has over 4,000 units under construction in approximately 15 different cities across the United States. The typical resident is in their middle to late Ws and usually has household incomes in excess of the average income in the area. He stated the landscape proposal was very extensive and the apartments were low density with 12 units per acre. The structures will be three stories in the center and two stories on the end. He stated they had just finished Shoal Creek Apartments on Hospital Parkway in Redford. Al Salazar, resident of the Meadomiew Addition, stated he was present on behalf of the homeowners in the imr€°rediate area. He had twenty pages of names that were against the project or had concerns. He and the residents had thought the apartments were going to be low end apartments, however, he stated he just learned they would be higher end luxury apartments. He stated the homeowner's concerns as being: Traffic on Harwood Road, traffic fatalities on Harwood and SH 360, inadequate lighting on Faller 'miser and Harwood, apartments bringing down the value of single family property; no stop sign at Meadowview and Hillcrest, the increased number of vehicles to the area, what would happen to the increased number of students to the school district and teacher/student ratio and how rental property would affect the homeowner's property. George Watkins, 1108 leadow+Wiew Drive, thanked the ConTnissioners for observing the American Flag and for beginning the n-eeting with an invocation. He had questions regarding tax ratios for apartments versus homeowners and if there were any crime statistics regarding apartment renters. He stated he felt it was easier for people to be more transient as renters than homeowners. Mr. Howard stated their takes would be approximately$660,000 per year which would be about$1,500 per apartment unit. He stated he felt the apartments would contribute to the tax base enough to help with crime prevention and other City needs. He stated he understood, when the density is increased in cities, there would be increased traffic counts. He informed the Commissioners they have a fairly large assessment they will be required to pay for their share of Harwood Road. He stated 7-8%of the residents in their apartments have children that would attend the school district. 8% of 436 units would man that 36 apartments would have children in school. He addressed the crime concerns by stating the quality of residents they attract have a significant criteria they roust met prior to living in the apartments. Mr. Howard stated the majority of their residents are long term renters and he in fact has lived in one of their facilities since 1987. The have facilities at Sent Free in Dallas., Chase Oaks Golf Course in Piano and has started a third project in Gallas. There being no further proponents or opponents, Chairman Young closed the Public PLANNING AND ZONING COMMISSION IVEETING m PAGE FOLIR APRIL 1, 1997 Hearing. ITEM Il° RECONIVENDAMONOFSPECIFIC USE PERIVIT-#95 aSL P-A VIARA APARTMENTS AT BEAR CREEK Public input regarcling a request of Barry FkAmrd from Fairfield Resklendal Companies a Specific Use P+ern-it fbr a 435 unit apartmett caorrplex Whrr the CUD #754 (Its-Fatuity DmIfirg District 12 units per acre) zcrring k=ded in the Nordvast cmw oaf HanAoW Road and Fuller Meer Road; 37 acres out of tie P, Crovky Survey,Aa312,Trams 5131 and sC Mr. Bass stated a Specific Use Pen-nit was a legislature recommendation and final approval would be made by the City Council. The property is zoned for 12 units per acre and most apartments are zoned for 18-20 units per acre. Paul Kruckerneyer, City Engineer, addressed several of Mr. Salazar's comrnents.. He stated Harwood Road was currently under design by the City for a four lane concrete road with five lanes at the intersections, however, it has not been funded for construction. lie stated he hoped it would be as early as next fall through a bond program or some Other means. There will be a signal light placed at Fuller V\Aser and also at Bear Creek. Fie informed the Com-nissioners that Fairfield Development is dedicating a substantial piece of righter way for the roadway, Mr. Kruckerneyer stated they had done a lighting plan for Bear Creek Parkway and waiting for TU Electric's budget and their schedule for it to be put into place. He stated there was not a design for Faller Wiser as of yet, but they vie working on all areas of town to improve the lighting situations as they can. Mr. Kruckemeyer stated he would get in touch with the Public Works Department to get stop signs at the intersections of Fuller Wiser. He informed the Conyrissioners although there was not a representative from the Police Department at the meeting, he felt they were a proponent of gated apartment communities as compared to non-gated. Commissioner Zahn addressed the impact the increased population voDuld have on the school district. He stated the school district has staff to study the projections for population. If the school district sees a need for an additional school they would addressed the need. He informed the Commissioners and residents the majority of the taxes would go to the school district, probably 50-60% of the taxes. Commissioner Covens asked the applicant to come back to the podium to answer questions. He stated, most things, as they are presented to the Planning and ,honing Commission, look real good but do not look that good once they are on the ground. He stated he drove by Shoal Creek in Bedford and liked it. He wanted to knew why the PLANNING AND ZONING COIVMSSION MEEIING - PAGE FIVE APRIL 1, 1997 applicant changed from the brick project in Bedford to a stucco project in the City of Euless. Comrrissioner Owens asked the applicant if there was a reason, a developer like him comes to Euless and offers something like stucco instead of brick. Mr. Howard stated it was not"the City of Euless", but rather it was a collective design decision for the project. He also stated they did not want to have projects look the same that were in dose proximity. Commissioner Owens asked the applicant to consider lights in front of the apartments next to the street. Commissioner Owens inforn-ed the applicant that people would rove into an apartment complex that had sufficient lighting because of safety assurances. Mr. Howard assured the Comrr�issioners they wanted their residents to feel safe and they were taking all necessary precautions by providing access gates, some wrought iron fencing and landscaping barriers. He stated most crimes in apartments were committed with unauthorized vehicles and they had plans to deter this possibility. Charles Hubbard, 1204 Meadowview, had questions regarding the driveways off of Fuller Wiser. He,stated he thought there was an ordinance against constructing driveways from Harwood to Ash Lane because some residents had been told they could not have driveways that would access their back yards. Steven Rose, 1208 Meadowvjew, stated he had tried to get a permit for a rear approach and he was turned down for a permit. He also had concerns regarding the two and three story apartments looking down into his back yard. Mr. Rose stated he had a drive approach to his front yard. CUB. Howard stated the apartments would be set bade at least 170 feet away from the bade yards which should provide the residents with privacy and not allow direct sight from the apartments. Mr. Howard pointed out the buildings that would be three story buildings. Commissioner McMillon stated the perimeter buildings would not be three stories. He also voiced concerns regarding the applicant not fencing the entire property since they were calling it a gated community. Mr. Howard stated they had found they cannot stop foot traffic into the complex, but could eliminate unauthorized vehicle traffic. He stated they were providing heavy landscaping in the areas where they were not fencing to provide screening. They felt it would be more aesthetically pleasing with the additional landscaping. C xT rssioner L ens stated he would not back off of wanting the complex completely fenced. Mr. Howard stated after looking at the linear feet of fencing that would be required to fence the entire project, they would be looking at an incredible amount of money. They thought with more landscaping; shrubs and controlled entries it would nuke a good package. PLANNING AND ZONING CdOIVMSSION WEETING - PAGE SIX APPJL. 1, 1997 Con-missioner Zahn had concerns regarding the detention areas in the open area(in the riddle) that opens onto Bear Creek Parkway. He felt it would be an attractive nuisance and be a problem because there was no proposed screening around the area to keep out the general public. Mr. Howard stated they had not finalized the detention plans and it would be a natural detention area. Mr. Mike Daniel, Nathan Maier Engineers, stated the detention area would be a natural, shallow area that would look like a lawn when it was not raining. He stated the only time it would come into play, would be when there was significant rainfall. The concept of this detention area would be to hold water for a short time to allow the downstream drainage structures to absorb the water. The maximum slope would be 1 - 10 feet downstream. Commissioner .Zahn stated this furthered his concern with the detention area. He felt it would be a problem as an attractive nuisance where children would play. The other concern was an area dose to the bow of Bear Creek that goes out to the street. Commissioner Zahn stated these areas would be a potential hazard if children were playing in the area. Barry Howard stated they would look into fencing the detention area and provide a gentle slope. He also stated they would explore ways of mitigating the negative impacts. Commissioner McMllon stated the landscape plan shows a wood perimeter fence all the way around the property. Barry Howard stated the adjacent homeowner's association wanted the fence removed from the plans. Commissioner Bright had concerns regarding the fencing of the project. She stated she did not know how the project could be called a gated corn-mnity and not have a fend. She did not approve of a wood fence around the property. Commissioner Zahn stated he still had concerns about the fencing around the property based on the thirteen SUP criteria list. He did not feel it satisfied the criteria for approval. He stated his evaluation was based on Item #9 Nuisance Prevention and Item #8 Compatible nth The Neighborhood. He stated based on his opinion and the two elements of the SUP Criteria, he could not support the request. Michael Logan, Fire Marshal, stated the applicant had complied with all access requirements and had gone beyond the minimum requirements. He recommended approval of the item. Cony missioner Owens made the motion to approve SUP#9644 subject to the applicant satisfying Items#6, 8, 9, 10, 11 of the SUP Evaluation Criteria (fence, lighting, nuisance) and for the applicant to fence the entire property with a wrought iron/brick fence with access gates to make it a gated comrmnity. Commissioner Shuler seconded the motion. PLANNING AND ZONING COIIISSION IVEE`ING _ IMAGE SEVEN APRIL 1, 1997 Barry Howard stated he could not coma nit to constructing a wrought iron fence completely around the property until he could discuss it with the owners of the project. Commissioner Zahn stated the Con-mission was not in the business of designing the projects and he would rather look at a design that the applicant presents. He stated he had looked at the plans that were submitted and he was not satisfied that the negative impacts had been mitigated. He stated he would rather offer a denial based on the Evaluation Criteria as opposed to an approval subject to several items. Commissioner Owens stated he would rather see the item tabled instead of denied. Com-nissioner Owens withdrew his motion and Commissioner Shuler accepted the second as withdrawn. ConTrission Zahn made the motion to table the item until the next P&Z meeting(April 15, 1997) with the understanding there were some concerns regarding Items#8 and ##9 of the SUP Evaluation Criteria which speak to the fence issue. Comnssioner Omens seconded the motion. Barry Howard stated a lot of the concerns regarding traffic would be satisfied because they have two additional entrances to circulate traffic. Mr. Howard stated they had done an in-house traffic shady. Paul Kruckemeyer, City Engineer, stated he did not know there was a traffic issue until this meeting. He stated that an approval for a drive entrance into an apartment would be considered differently than a private driveway. He also infom-ed the Cornr�nissioners the applicant's engineer had done a good job in the way he located the driveways as shown to disburse the traffic, Commissioner Owens stated he wanted the record to reflect what Mr. Kruckemeyer stated because Con-Nssioner Shuler had stated she was in the 5:00 traffic and there was a problem. Mr. Kruckemeyer stated if the project goes in, there would be one or two signal lights added in nediately. Commissioner Shuler stated she was aware there was a traffic problem with congestion, however the property is zoned for apartments and she liked the low density of the proposed project. Chairman Young stated the fence was not his major concern. The open areas would be maintained and landscaped and be available for use whether children played soccer games or threw frisbees. The vote was as follows: Ayes: Commissioners Zahn, Bright, Owens, McMillon, Shuler PLANNING AND ZONING CESSION MEETING - PAGE EIGHT APRIL 1, 1 997 Nays: Young The motion carried. ITEM Ill. CONSIDER APPROVAL OF LAND PLAN - #96-28-LP _ AVIARA APARTIUIENTS Consider approval of a Land Plan of 37 acres into Lot 1, Bkx*9, Villages of Bear Creek, located in the Nortivast corner of Harwood Road and Finer Wiser Load;37 acres out of the R. Crovky Scmrey, A-312, Tracks 51311 and 6C Bo Bass, Director of Planning and Development, stated the purpose of the Land Plan was to subdivide a 37.02 acre tract of land located in the Northeast corner of Ham Road and Fuller VMser Road and show how the proposed subdivision will be provided water, sewer, streets, storm drainage and fire protection. He stated land Plans serve as authorization to prepare the Preliminary Plat and construction plans for the public improvements. The Development Review Con nittee had reviewed the request and found it r-et the applicability ordinance and therefore, recommended approval. Paul Kruckemeyer, City Engineer, stated he had reviewed the plans and found all the necessary utilities were available or adequately designed and they recomeiended approval. Fire f&rshal, Michael Logan, stated the aocess for fire protection was adequate and they recom rnended approval. Convyissioner Cans made the motion to approve#96-28-LP as presented. The Nation was seconded by CoTrrissioner McMillon. The Grote was as follows: Ayes: Conyrissioners mss, McMllon, Shuler, Bright; Young, Zahn Nays: None The motion carried. ITEM IV. RECOMIVENDA11 Nei OF SITE PLAN m#96-43-SP-AVIARA APARTNENT AT BEAR CREEK Consider rec rrrrerxMon of a Site Plan far a 436 unit apartrnerrt cony located in the Northeast aster of Harwood Road and Fcdler Wiser Road; 37 acres ott of te R. Crowley Survey, Aa312, Tracts 5131 and 6C PLANNING AND ZONING COlVMSSION MEETING - PAGE NINE APRIL. 1, 1997 Bo Sass, Director of Planning and Development, stated the purpose of the site plan was to guarantee the raninum standards of the UDC had been met. The Development Review Committee had reviewed the Site Plan and recommended approval. Chairman Young stated sine Item 11 -#9644-SUP had been tabled and the fenoe issues needed to be addressed on the site plan, he suggested Site Plan #96-43--SP be tabled also and considered at the next meeting (April 15, 1997) along with the Specific Use Permit (#% 44•SUP). Corrrrissioner Zahn made the rnotion to table #96-43-SP to be heard along with the Specific Use Permit at the next P&Z meeting. Corrrnissioner S puler seconded the motion. The vote was as follows: Ayes: Commissioners Zahn; Shuler, N'ICIVlillon, Bright, `young Nays- None Abstention: Commissioner Owens Conyrissioner Cans stated he abstained because of some of the interpretation that has been handed down regarding what should and should not be on a Site Pian. The action carried. ITEM V. PUBLIC HEARING m FINAL, PLAT - #Pm97m05 a HARWOOD COURTS Public irpt reWrdingl a pfd Final Plat of Lots 1-30, Block A, Harwood Cow Addifim So Bass, Director of Planning and Development; stated the Public Hearing had been posted and placed on the Agenda in error. A Public Hearing was not required for the Final Piat. He inforn-ed the ConTrissioners that Item V would be struck from the Agenda and the Commissioners would act on Item VI of the Agenda. ITEM M. CONSIDER APPROVAL a FINAL PLAT##P-97-05 HARWOOD COURTS Consider recawminda6on regarding a proposed Final Plat of Lots 1-30, Bk ;k A, Harwood Coins At ion Bo Bass, Director of Panning and Development, stated the final plat was a ministerial function and the Development Review Committee reviewed the request and found it unformed to the UDC. He stated it was a unique case in that there were financial PLANNING AND ZONING +OWSSI®N MEETING - PAGE TEN APPJL 1, 9997 restrictions, beyond the current developers control. The applicant and developers were asking for an approval to the final plat prior to the public improvements being installed. The UDC provide the P&Z Commission the authority to so. Mr. Bass stated staff had worked out an agreement with the developer that included: All remaining public improvements (irrigation, landscaping, gazebo) be secured in the form of a cashier's check which is being held by the City of Euless Planning and Development Department, The cashier's check is the total of all the contracted cost to put in the improvements, plus 10%for administrative overhead and a 3% inspection fee. The secured cashier's check will cover the cost of the three improvements. Also, as part of the agreement, the developer had been told there will be no more than 10 building permits issued. By the time the 11th permit is requested, the gate improvements must be constructed, installed properly and permitted as per City requirements. After this point; the project may proceed. Mr. Bass stated this was a special case and there had been many discussions with Mr. Mark Alfed and requested special consideration for the applicant. Mark Alf€ed, 9500 Forest Lane, Suite 427, Dallas, Texas 75243 was present to answer questions from the Comte ssioners. Chairman Young informed the applicant, if the final plat was approved, it would in no way negates any of the property's requirements as far as public improvements. Mr. Alfieri stated he understood. Mr. Alfieri stated there would be 4 different basic floor plans. There are 2 single story floor plans and 2 two story floor plans. They will range from 1,800 square feet to 2,000 square feet. He stated they would not limit themselves.to the spec horn but would build custom homes if someone brought their own plan to be built. Mr. Alfieri stated the previous owner/owners has no interest or investment in the development at all. Mr. Alfieri stated they were at a point in the development that most of the cost of the improvements was equity and cash out of pocket. The main purpose of the development is because they own land behind the Bear Creek Condominiums and the only access, for the future, is through the area being considered for approval. He stated they would not walk away from the development because they had a large investment with the additional land. Chairman Young stated two numbers needed to be reconciled on the plat prior to filing at the County. The projected cost of the gates is between $12,000 and $15,000. Commissioner Zahn made the motion to approve#P-97-05 Final Flat. The motion was seconded by Commissioner Owens. The vote was as follows: Ayes Commissioners ,Zahn, Owens, Shuler, McMllon, Bright, Young Nays: None The motion carried. PLANNING AND ZONING CONIMISSION IVEETING - PAGE ELEVEN A,PPJL. 1, '1997 ITEM VII, PUBIC HEARING - AWENDMENTS TO THE UNIFIED DEVELOPMENT CODE -#PZ-97-03 -AUTO SALES Public inptA regarding the arnendments to the Unified Devekpmrt Code Section 84-84, Table 4-A and Sector4 84-85 regal regWationss applicable to new and used motor vehicle, boat recreatioriall veticle and ufik trailer dealers Bo Bass, Director of Planning and Development, stated the changes regarding auto vehicle sales and dealers were requested at a Planning and Zoning/City Council joint work session . The proposed changes will require car lots and other vehicular sales to be a minimum of(5)acres in size and used car dealers will have to be reapproved every five (5) yearn if they wish to continue their operation. He inforn-ed the Com-rissioners this recommendation was still in the evolutionary stage and will be recommended to City Council. He asked the Cony-Nssioners to consider: 1.)the City have a new requirement for a minimum of 5 acres of all new and used auto dealers in the future and 2.) that spec revisions be made to the UDC to make it clear that City Council has the latitude to make a SUP applicant speck and put a time lirnit/duration on the successful status of the SUP. Chairman Young opened the Public Hearing for anyone wishing to speak to Item \Al, ATnendments to the Unified Development Code. There being none, he closed the Public Hearing. ITEM IX RECOMMENDATION OF AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE - #PZ-97-03 - AUTO SALES Consider recommendation regarding the amerximents to the Unified Devekpnxqt Cade S , Table 4-A and Section 5 regarring regdations applicable to new and used motor vetficle, boat recreabonall' vet and unity trailer dealers Bo Bass stated he felt the City,Attorney would recomrmend 1,)from now on there would be a 5 acre minimum site area required for all new and used auto dealers and recreational vehicles; etc. and 2.) currently it is felt the Council has the authority to do applicant specific SUP's and has the authority to limit the time. Homver, it is not dearly outlined and, if challenged in court, the attorney would feel better if it mere clearer. Mr. Bass informed the Cony-nissioners if they had deletions or changes to the recormmendation to feel free to make therm. Commissioner Owens stated he was more concerned about the impact apartments were PLANNING AND ZONNG CC IVMSS►ICN1I MEETING m PAGE TVVELVE APML 1, 9997 having on the City in relationship to lighting and security. He made reference to the Ctmyissioner training seminar he attended and stated there were several cities looking at bring a portion of cost for off duty security. He stated he was not in favor of that occurring, but asked for the record to reflect some of the thinking on the subject. Commissioner Shuler made the motion to recommend approval to the City Council of the recomrTiended amendments to Unified Development Code - #P2-97-93 - Auto Sales, Cornrnissioner Bright seconded the motion. Commissioner Bhuler asked if this gave the City Council the right to make individual decisions even though it was written in the ordinance? Bo Bass stated it currently reads, that Council has the right to rake any decision within reason and is pretty open ended. He stated the attorney wants the UDC to state the ratter dearly instead of a general; broad brush authority. Commissioner Zahn stated he felt it was unrealistic to think that any type of a car dealership would come in and make an investment of many millions of dollars to put something on the ground that has a finite end to it, with the assumption he may or may not get an extension. He did not believe someone would invest $10 million dollars to put in a car dealership that night or might not be approved after the third year. Mr. Bass stated anything existing on the ground would be legal existinglnon-confornn ng. Anytime these operations change ownership and a new Certificate of Occupancy is applied for, they could possibly close. He scatted this was standard procedure already found in the ordinance. 111 . Bass stated this amendment would affect any zoning district in which new/used car dealerships were permitted. Ayes: Commissioners Bhuler, Bright; Zahn, Young, McMilon, Cans Nays: none The motion carried. ADJOURNMENT.* Where being no further business, the meeting adjourned at 9:27 P.M. Vice-Chairm9r in O6orge Z�hn Date 0404,97PZMIN