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HomeMy WebLinkAbout1997-08-19 ACK+DA PIA ALAI)�I -T C+�1Y: C City of Edess Council Chnhms - (Ing "R' 201 North Fxtor Drive Wes' Texas 76039 August 19' M 5:30 - Pre-Camnissicgr Nkeffiigg (DoAnstairs (axiferetce loom_ Building "A") 70) - Call to Order (Council Chambers - Building "B") PIFJ)GF ' ALIMANC7- Gomrrussiorrer (-Xwm L' VOCA - C. woT issiowr ShWer AT' NAL OF NIIN IM-- Regular rr eting of August 5, 1997 L (UNUNT;PLMUC;IIFAMG- D1VG GONCE W 727- -NII I.rA,NVFSr AMMON Public hW of the proRmed rmp€ st of Gomwd Swrmrrit, Ltd., for the zoning, ck%ige frs.)rn. 5�l lulu-Farrril -Dwelling District)aril G-?(Goner su ss I stri t) )ICI) (Pimped Dcevelo errs)' H RECD NDA'T'T CF - ZGNIN G M,NW, m '7-27-ZC - VRIA NNE" ' ADDIT�T Consider reconiirrOa-tion of the pined request of Concord Summit., Ltd., for the zoning clwige from R-5(lwUti-Pantile INvelling.District.)aDd G2(Conanny BLisirress District) to ICI)(Pl.witie i Development) IR. CC MINLJF-PLIMIC MdkR1Nw- SPECIRC USE PEP-AST- #97-28-SUP- NIUA NN, ADOHNIN M.ic in reg._mding the req e t of C".orrord Smmrfit, Ltd., req stirg a Specific Use Permit for.Vartmems out of the AI Huitt Survey, Abstract 684, located at; 1001 Villa Drive IV. RECUM A - ATION OF- SPEC.W USE N`RT-#97-28-SIT- VILIA MiNr ADDHICN Consider recornnrcmlation of the rest of Cc)word Swi-v6t, Ltd., requesting a Specific Use Permit for aM-airerrts out of the AI mitt Survey, Al-fatmct 684, located at; 1001 Villa Drive ADDS[€ Rether consideration of the pz'ogc6ed prelimirory plat of 13.03Y4 ams for die cons� ion of 83 sitVle family lots located North of Solidi Pipeline Road, Sontli of %itener Road and 'Wrest of American 13ouleNwd AIL C(NS*H)ER APFWWAL W P K '1 NARY PLAT A #P-97-24 m 1-.M)EAVAA.Y ADDfIX Consider a owd of the prcTosed preli—r6 ry plat of 5.429 acres for the con-sa tcti.on of 28 sirgk fhnl]y logs 11`x;ated at the ittersection of Sixpence Lane and lAenwicglal Drive VffA S APPROVAL W PMINLNARY PIM a #P-96.12 - VIUAGB C BEARGMIKADDMON Comider approval of the pmposed prelhiinaiy plat of 12.499 acres for the XwStl .tion of a 226 unit apammm corfplex out of the R Crowley Sw ey, Abs. #312 wid S. Tucker Survey, :Alert. #1512., located Sou p of rTrd--Cities�1vdo and East of Faller Wiser Drive NTL Pal ](X.I ARNIGa ANF TO WE I-K AME�'1'AT WA'� #PZr97-0f Mic irpit m-garding the request of the City of Euless for an amendmert to the Unified Developrwit CAxie, Sim tion (n "Home Cr -upatiom" of Section U ORDENANIM m #FZ-97 Comider r wmTx ti(-qr of the request of the City of Euless for m mmndmea to the Unified Dvvelopnwl Code, Subsection{n} "fJorne OmptiorZs" of SL- lon 85 X RHUM P(W11D TM ISM DAB'OF AtXA,S,., 1997, AT 40)P.ML f 3 -*id d PbW%)r Nodee if VOU pl'M t:3 aftfd 11 (817) 1rei1?!ic r tittg<< i ycxz 13avF a�i sal;iliiv ghat 3ti�ui�5 s{?e ial zap ��2�tts r t xt ,plea W.;;c?ru<? nttr crl9%ee t(817)685--1526. Fnsom,ble&xxnmxls dom vMl he undt ter assist vwr inmk:. PLANNING AND ZONING GOMWSSION AUGUST 19, 1997 NNUTES The Pre-ConTission meeting of the Planning and Zoning Commission was called to order by Chairman Ronald Young at 5:30 p.m., in the Building "A' Conference Room Five members of the Planning and Zoning Cony-nission were in attendance. PLANNING AND ZONING COIVMSSION CONSIDERATION OF SCHEDULED ITEM- COUNCIL CHANIBERS. Chaim-an Ronald Young called the Planning and Zoning Commission meeting to order at 7:00 p.m. for the consideration of scheduled items. He stated there were six members of the Planning and Zoning Commission present. CorrrNssioner Eggers was absent. Furthermore, the agenda for this meeting had been properly posted in accordance with applicable law. MENMRS &STAFF PRESENT ME RS ABSENT Chairman Ronald Young Keith Eggers Billy Owens George Zahn Joy Shuler Robert McMillon Nancy Bright Bo Bass, Director of Planning & Development Paul Kruckemeyer, City Engineer Barbara Chambers, Planning Coordinator Donna Brown, Office Technician David Witcher, Director of Eco. Dev. & Marketing Charlie Miller, Councilperson Cad Tyson, Councilper" Katie Edwards, Councilperson Lee Koontz, Fire Chief Don Wilson, Deputy Fire Chief Michael Logan, Fire Marshal VISITORS PRESENT: Donald Tharp John McCormick Robert Jebavy PA. Lloyd Bryant Bob Welty L.Z. Brown Bill Pasteur Fred Phillips Walter Elliott Matt Goodwin Eddie Eckert John Lynch PLANNING AND ZONING COIVMSSION METING m PAGE TWO AUGUST 19, 1997 PLEDGE OF ALLEGIANCE AND INVOCATION. The Pledge of Allegiance was given by Conyrissioner Owens and the Invocation was given by ConyriSsioner Shuler. APPROVAL"AL I1 NUTES Commissioner Shuler made the motion to approve the ninutes of the August 5, 1997, Planning and Zoning Commission Ming with minor corrections. The motion was seconded by Commissioner lion. The vote was as follows: Ayes: ConTrissioners I' Millon, Shuler, `young, Zahn, Bright Days: None Abstention: Commissioner Ov*ns Absent: Commissioner Eggers The notion carried. REGULAR AGENDA I, CONTINUE PUBLIC HEARING a ZONING CHANGE - 7-27 ZC w VILLA WEST ADDITION Continue public input of the proposed request of Concord Surit, Ltd., for the zoning change from R-5 (Multi-Family DAelling District) and C-2 (Commun4 Business District) to PD (Planned Development) Bo Bass, Director of Planning&Development,game a brief description of the property and stated it was a continuation of the previous Planning&,Zoning meeting of August 5, 1997. The applicant had requested the Cornrnissioners table this item until the August 19, 1997, Planning & Zoning meeting. NV, Bass stated the apartment complex housed 322 units. He stated the applicant, upon seeping lending to bang the project into compliance Wth the zoning odes and housing codes; discovered it was difficult to obtain a loan because of the current zoning. He stated the options would be: 1.) the rezoning of the R-5 and C-2 zoning be a Planned Development(PD)with an underlying zoning of C-2 commercial= 2.) a recomrnendation to City Council on the .zoning case that a Specific Use Permit be issued to allow the multi-family uses to exist in place. Commissioner Zahn made the motion to reopen the Public Hearing, The motion was seconded by Commissioner McMillon. PLANNING U ZONING COWSSION WXn W PAGE THREE AUGUST 19, 1997 The vote was as follows: Ayes: Commissioners McMillon, ins, Shuler, Young, Zahn, Bright Nays: None Absent: Commissioner Eggs The motion carried. Chairman Young opened the continuation of the Public Hearing and asked the applicant to give a brief presentation. Mr. John Lynch requested a point of order for persons not included in the original notice of the Public Hearing and asked if the Commissioners would reopen the Public bring with respect to those that had just received notice. Bo Bass, Director of Pianning & Development, stated the error in the publication and the notification did not contact all the residents located within the 200 feet radius of the request. He stated they had discussed the notification with the applicant and proposed tabling the item per State Law and correctly notifying all the residents within the area. He stated everyone had been property notified and should be present i'f they wished to speak as an opponent or proponent. Commissioner ins withdrew his consent for a positive vote to continue the Public Hearing. Chairn-ian 'Young acknowledge his request and stated the majority voted for continuing the Public Hearing, Mr.John Lynch, 1903 Central#400, Bedford,Texas, representing Concord Bunt, LTD., stated he was honored to be present and speaking publicly because he had been involved in the renovation of Building "B"when he was employed with the City of Euless in the rid 1979s, Mr. Lynch stated the request for a zoning change would be for C-2 zoning with a Specific Use Peru for apartments in the configuration as they were on the property now. Fie stated they would life to call this a Planned Development (PD) but the base zoning weld be C-2 and the remaining portion would be the Specific Use Permit for the apartments. Fie stated the property was constructed in 1968 and the current owner had owned the property for 17 years and unfortunately for hire, he had bought the property at the economic crunch in the mid 1980's which had a significant effect on the property. He stated the same management team had been on the property for 12 years and the same on site property manager, Mr. Lloyd Bryant, for 15 years. lie stated the problems with the property were not problems with the property owner and a series of circumstances would be the reason in asking for the change. Mr. Lynch gave a brief overview from the drawing on display as to where the C-2 and R-5 zoning would be located on the site plan. Fie stated C-2 zoning, on a portion of the property was ghat they needed to be in compliance. He stated the problem would be the non-conforming structures being financed because they were very difficult to obtain long terra financing. He stated it would be virtually impossible for long term financing without being able to PLANNING AND ZONING COWSSION MEETING m PAGE FOUR AUGUST 19, 1997 certify the property in conformance with the zoning as to the use. He stated them was a portion of the property located in the flood plain and there had been studies from FEf (Federal Emergency Management Assistance)provided to staff regarding the flood zone. He stated when the widening of Industrial Blvd. took place, the City required several large box Averts along Industrial Blvd. installed and an above ground emergency overflow equipment which the owner thought veld have solved the onsite flooding problems of the property. The improvements did not have a significant impact which was a critical issue. He stated there were several discussion with HUD because the owner knew they had flood plain requirements. Mr. Lynch inform-ed the Corr ssioners the applicant had been (approximately 9 months ago) in negotiations with Amresco for a commitment on the loan with the flood plain problem. He stated the engineering study on the flood plain by Am resco and detail of the current flood plain was a significant expense to the applicant. Fie stated the lender determined it had net their criteria for proceeding with the loan and flood insurance could be obtained° He stated shortly thereafter many citations were issued to the property for non-confom—ance with the rrinirrmum housing code. Fie stated the most significant citations were for the deterioration to the f relanes which was the most costly factor. He stated the applicant had a written corritrment that indicated he would provide sufficient funds to sore the problem as well as to complete the goals and objectives. He stated there were no life threatening violations and the owner was working toward a penTanent solution. Mr. Lynch stated the City of Euless did not have a mechanism, other than R-5 zoning and a SUP. He stated they did not want to ask for R-5 zoning on a G2. He stated the current owner had put in $1.7 million of his own money into this pr ect and took zero dollars out since the 19 s, just to pay for the operating expenses and the necessary improvements, to keep the doors open. He stated there were 10 units not for rent due to needed improvements and one unit not rented at the present time out of the total of 322 apartment units. He stated in order to remove the entire project someone would have to evict 322 residents from the non-conforming uses. He stated the City would have to go through significant litigations, lengthy delays and in the end analyze the original investment and the 1.7 rnillon invested in the past 19 years and allow the owner a reasonable amount of time to recover the investment. He stated they were willing to offer the City a time frame for a Sunset Clause on the Specific Use Permit with agreements to the City. He stated there would be a time frame attached to the G2 portion of the zoning change. Fie stated they would install a loop to the water line, reconstruct fiirelanes and dedicate fiirelanees, repair Park Drive and firelane standards. The budget of $160,300.00 to reconstruct all parking lots on property was not included in the $536,000,40 budget. $30,000.00 would be the cost of looping the water line and two additional fire hydrants to be installed. He stated the$536,4 .40 budget did not include the significant renovations that could not be seen from the outside that have been made over the past 17 months. He stated there would be interior remodeling such as carpet, PLANISIING AND ZONING CGMNISSI )N MEETING - !PAGE FIVE AUGUST 19, 11997 air conditioners, dishwashers, replacement of window treatments, sWmming pool repairs, etc. The lender required Cecor Engineering to do a Clete analysis to bring the property up to the standards for qualification of the loan. He stated the owners intent was to restore the units. Mr. Lynch informed the Commissioners they would have a twenty year loan with a $5,000.03 sinking fund per month to fulfill repair needs as they arise. He explained how the maintenance fund would work, as normal gear and tear the$5,000.00 sinking fund would be there to replace items as needed. Mr. Lynch stated there would be no money taken out of the closing of the financing in the way of fees, corssions or overhead to the owner of the property. He stated there was $2.2 millon directed at refinancing existing loans and approximately $100,000.00 more that would go to fees and cost for leader requirements. He stated $2.8 rrillon was the total of the loan and there were other loans on the property that would be paid out of the cash flow. Mr. Lynch stated the project had difficult problems, they were seeking a solution and found that the SUP would be the best for this situation with the current C-2 zoning. There being no proponents or opponents present, Chairman Ronald Young closed the Public Headng. 11. RECOMNENDATION OF ZONNG CHANGE m #97-27 ZC m NALLA WEST ADDITION Consider recommendation of the proposed request of Concord Sun t, Ltd.; for the zoning change from R-5 (Multi-Family Dwelling District) and C-2 (Con-n-unity Business District) to PD (Planned Development) Commissioner Zahn made the motion to remove #97-27 ZC oft the table and Cor ssioner NWillon seconded the motion. The vote was as follows: Ayes: Commissioners McMillon, Bright, Young, Shuler, Zahn, Owens Nays: None Arent: Commissioner Eggers The motion carved. PLANNNG AND ZCNNG CONMSSION FETING - PAGE SIX ALIGUST 19, 1997 Cor issioner Bright stated her concerns regarding a guarantee that the owner would do the work as he desired and proposed. She stated the swimming pool was in terrible condition and she wanted to make sure the lender would supervise the disbursement of funds for the repairs. She stated she wanted to know the owner would not let the property get like its present state within a few years. Conirnissioner McMillon stated he was pleased to hear the lender would be monitoring the expenses. He expressed concerns about going forward with the zoning and in 3-4 years the property still be in the same shape. He stated he would like to see the zoning go through and hopefully everything be taken care of as mentioned and if not, the only recourse would be to issue citations by the Cade Enforcement Department. Commissioner Shuler comn)ended Mr. Lynch for his thorough presentation which answered some of her questions. She stated she felt the request was the best solution for the problem. She asked her. Lynch if the repairs should be more than what had been allotted and would more money be put in the sinking fund or would only the amount allotted be spent on repairs. Mr. Lynch state the borrower of the loan was aware he would be required to make up the difference if the allotment would not be sufficient or the leaning institution would declare the loan in default. Corssioner Shuler stated the life of the loan would be the life of the SUIT. She asked Mr. Lynch why the loan would have a 25 year terra on the R-5 and 20 years on the SUP C-2 zoning. Mr. Lynch stated the R-5 zoning was conforming and if they should foreclose at the end of the 20 years, they would recoup some of the foreclosure investment. She asked Mr. Lynch if the mortgage company required the sinking fund and did they monitor the fund each month to mike sure the money was put into the fund. She asked if flood control would be a concern or would there be flood insurance. Mr. Lynch stated FERIA requirements would be followed if buildings were to be rebuilt in the flood plain. Cotssioner Shuler stated concerns about the sWrnrring pool issues and she felt the $57,000.00 should core close to fixing the other two pools. She stated the pool that had been completed looked nice and she felt much better with the zoning change. Commissioner Owens commended the staff and applicant for the hard work on this project. Commissioner ins stated he could not see$500,000.00 out of the$2.3 millon of the loan being enough to complete the renovation. He stated he had friends luring at the property and had been associated with them through a mission his church had on the premises at the apartment complex. He stated the fencing was no Mere near the current City requirements for new complexes. Fie mentioned issues that needed to be addressed such as the pavement which is concrete and has deteriorated; air conditioning units needing repair and sWmmclng pools had to be roped off. He state concerns with raising the rent to pay off the existing loans.. He state the manager, Lloyd Bryant, was a good man and felt he had not been given enough money by the property owner to maintain the property. He mentioned working out a solution but didn't feel the City should be asked to stand goad for the loan. He stated he felt the $500,000.00 was not enough to even PLANNING AND ZONING COIV SSIGN IIEEnNG - PAGE SEVEN AUGUST 19, 1997 overlay the parking lot and expressed to Mr. Lynch that he should re-evaluate the expenses for the renovation, He stated Planning & Zoning was not the place for this issue for they were here to get the most for the citizens of Euless. He stated he could riot, in good conscious, be a part of doing the financing for the project. Comrnissioner Zahn asked Mr. Lynch if the owner intended to continue owning this project or would the owner bail out. Mr. Lynch stated he had turned dovm a purchase offer and felt the ow-er was in for the long haul. Commissioner Zahn stated if the property was sold he was concerned the property was below standards, funds had been thrown toward it to bring it up to rninirr um standards and felt the City may assess citations to the new owner who wouldn't know the history of this process. He stated he also felt the $500;000.00 was not enough to bring the project up to standards and the $5,000.00 a month sinking fund was not enough to keep it there for the next 20 years. He stated the Mort level was not there for him to be satisfied with the project. He asked if all the loans were current at this point and tune. Mr. Lynch confirmed the loans were current. Chaim-an Young asked the time frame of the loan and when would repairs begin. Mr. Lynch stated the loan corrftnent was required to be dosed by September 1, 1997, and the repairs expire or completion within 120 days, some item were 30 days for completion. Flee stated if bids exceeded the estimated totals, the owner would kick in the difference and the leader would secure this during the first phase of the project. Mr. Lynch darified that no payments were in default but the leading institution was in a holding pattern pause of meting the City standards. Chaim-an Young asked how the $5,000.00 sinking fund was determined after the standards would be met. Mr. Lynch stated the borrower had mentioned doing an allotment but had not planned on the lender having this as a requirement. Chairman Young asked haul Kr-uckerneyer, City Engineer, if the flood plain was an issue at this time. Mr. Kruckemeyer stated he had a telephone cor mmnication with 1=EMA and they had no problem with work being done on these structures as long as it was not more than 51% of the appraised value of the structure and no additional structures within the flood plain or new structures that world affect the flood plain elevations. Chairr nan Young asked how the flood plaid would affect C-2 zoning. Mr. Krudkemeyer stated to get the flood plain back in hiwy. 157 (Industrial Blvd.) it could cost about $4 r�nillon to repair. Chairman Young asked Mr, Kruckemeyer Mat the burden would be in 25 years. Mr. Krucken-ever stated it would need to be offsite outside the flood plain and could be like a parking lot, There was discussion among the Commissioners referencing the letter from Mr. Joe Nlennig, Assistant City Manager, to the lending institution. Mr. Lynch stated the reason for the letter was to buy time for the rase to be heard by Manning & Zoning and City Council. PLANNING AND ZONING CONIM11ISSION MEETING a PAGE EIGHT ALJGIJST 19, 1997 Chairman Young asked again, the purpose of the loan. Mr. Lynch stated the two existing loans were not in default and could be continued but would be retired with the proceeds from the loan. The loan of $530,000.00 would provide repairs and closing costs. Chairman Young asked Bo Bass, Director of Planning & Development, what the effect would be on the City and apartments if the request was denied. Mr. Sass stated the site would very we1'1 be rezoned to a corm-ercial site in September due to the rezoning issues about to take place inhouse. Citations would be aggressively issued to the apartments to correct the conditions and ultimately bring the site into compliance with the rninimum housing requirements. Con-imissioner Zahn asked if there ware provisions in the current loan document that states if the apartrnts fall below standards would the lender document be in default. W. Lynch reassured the Commissioners the new document seemed to have these type of default conditions. C Tirnissioner ins asked Mr. Lynch for assurance that the$580,000.00 was sufficient for bringing the property up to rninirnurn housing standards within two years. He commented that he didn't believe carpeting, WAC, plunbing, electrical, appliances and street overlay improvements could be done for that amount. Commissioner Shuler asked Bo Bass, Director of Planning & Development, who would oversee the renovations and verify it satisfied the minimum standards. Mr. Bass stated the City had Inspectors solely for that purpose. The City generally cannot close down an operation based on minimum housing violations unless proven to be a life safety issues. CorT#Tissioner Mc lillon stated the simplest solution to this issue would be to work with the owner and applicant and the information provided and move forward. Cznyrissioner Bright agreed with Commissioner McMillon and stated that loan companies don't just hand out money without some type of control. If the improvements are not done, then the loan is in default and more money would be needed. Con-nissioner Zahn stated he was for the project but did have some concerns regarding default. Chairman Young stated he wanted to see something happen at the complex to bring it up to standards now, and it might buy the City at least 10 years. The alternative of not approving the ,coning would probably be worse than approving the request. Commissioner Zahn made the motion to recommend approval on Zoning Change#97-27- ZC as presented. The motion was seconded by Comrnissioner Mc Millon. PLANINtNG AND ZONING COMVISSION MEETING w PAGE NNE AUGUST 19, 1997 The vote was as follows: Ayes: Commissioners KWillon, Bright, Young, Shuler, Zahn Inlays: Ovens Absent. Eggers The motion carried. III. CONTINUE PUBLIC NEARING Q SPECIFIC USE PEPMT-#97-28-SUP m VILLA WEST ADDITION Continue public input regarding the request of Concord Surrrr�t, Ltd., requesting a Specific Use Permit for apartments out of the A.J. Huitt Survey, Abstract 684, looted at; 1001 Villa Drive Bo Bass, Director of Planning & Development, stated Item Ill was to continue the Public !-Tearing for the Specific Use Permit and gave a brief description of the property. Chairman Young reopened the Public Hearing and informed the Commissioners the reason vas because of a lack of property ovmers being notified at the first Public Hearing. . John Lynch, 1903 Central Drive, Bedford,Texas, stated he Would be willing to answer any questions that may arise. Fie stag he had mentioned in the previous case everything that would be informative for this request. Chaim-an Young stated there were no proponents or opponents present and closed the Public Hearing. IV. RECOWENDATION OF-SPECIFIC USE PELT-#97-28-SUP-VILLAWEST ADDITION Recommendation of the request of Concord Summit, Ltd., requesting a Specific Use Permit for apartments out of the A.1 Hunt Survey, Abstract 084, located at; 1001 Villa Drive Corrssioner Zahn made the motion to remove the item from the table in order to continue 7-28-SUP. The motion was seconded by Conrnissioner Shuier. The vote was as follows: PLANNING AND ZONING COWASSION IVEE11NG d PAGE TEN AUGUST 19, 1997 Ayes: Comrnissioners McMillon, Bright, Young, Shuler, Zahn, Owens Plays: None Absent: Commissioner Eggers The motion carried. Commissioner Zahn asked Mr. Lynch if the owner was one of the primary loans that would be paid off by the lending institution or would it be mortgage institutions. Mr. Lynch stated to his knowledge it would be original mortgage loans. Commissioner Bright asked Mr. Lynch why the letter from Kevin Mercer was not addressed in the submittal from the applicant on renovations. Mr. Lynch stated the letter was received after the renovations were submitted from the lending institution, but the items Mr. Mercer addressed would be dune, but were not included in the dollar amount mentioned. Commissioner McMillon asked Mr. Lynch if the item mentioned in the letter would be taken care of within the 120 days. Mr. Lynch stated they would be made within the allotted time fuse that was a requirement by the lender. He stated they would not have a problem with that being a part of the stipulations for the Specific Use Permit approval. Commissioner Shuler asked Bo Bass, Director of Planning & Development, if the City Manager had received an exhibit with enough supporting documentation to know who nmde the appraisals. Mr. Bass stated the City Manager had not received too much detail because what he had received would be in their packets. He informed the Commissioners that bids were not required at the zoning level. Conyrissioner Cwens asked, if by approving the SUP, would it be telling the Amersco Corp. that the City would be part of the financial agreement. He stated his main would be to insure that the City would not be responsible for securing the financing of the property. Mr. Lynch stated he would state on behalf of the applicant that they are not relying on representation of the City and that proceeds would cause the property to come into compliance with the minimum housing requirements and the City would not be participating in any way and the City was merely considering granting the zoning request. Corrrrissioner McMillon made the motion to approve Specific Use Permit #97-28-SUP. The motion was seconded by Conssioner Bright. The vote was as follows: Ayes: Commissioners McMillon, Zahn, Young, Bright, Shuler Nays: Corrrnissioner Owens Absent: Commissioner Eggers The motion carrried. PAGE E PLANNING ZONING C®IlSSION MEETING - N AUGUST 19, 1997 Vs CONSIDER APPROVAL - PRELIMINARY PLAT a #Pd97-20 d PARK HAW ADDIT1ON Consider approval of the proposed preliminary plat of 23.034 acres for the construction of 33 single family lots being a replat of Lots 12-23, Block 2, The J.E. V\hitener Estates Bo Bass, Director of Planning & Development, gave a brief description of the property, He stated the applicant had submitted a land plan and a zoning change which had already been approved by the Planning&Zoning Commission. He stated the preliminary plat approval was a ministerial function and the DRC recommended approval. Chairr°nan Young stated Preliminary Plat #P-97-20 was tabled at the previous Planning &Zoning meeting of August 5, 1997. Commissioner Owens made the motion to remove #P-97-20 off the table. Commissioner Shuler seconded the motion. The vote was as follows: Ayes: Commissioners McUllon, Zahn, Young, Bright, Owens, Shuler Plays: None Absent: Commissioner Eggers The motion carried. Commissioner Zahn stated he could not recommend approval because of concems the Fire Department and Police Department had regarding security for the residents in the park area. CorrynissionerMclMillon stated his frustrations and the numerous reviews among City staff regarding so many unknowns. He stated the Engineering Department had received adequate information regarding drainage and the DRC recommended approval. He stated there vv+ere still members of DRC voicing concerns but felt it was time to move forward. He stated he was supporting staffs judgement and relying on the process that had taken place. Commissioner McMillon stated he supported the prelirrinary plat based on DRC review and conversations with the Engineering Department. He voiced concems with the park but expressed any park might have the same problems and questions. Commissioner Shuler voiced disappointments with the plans not being different from the original. She stated concerns with the open space and the accountability for the City. Commissioner Shuler stated she would reconymnd approval with the record showing her concerns, PLANNING AND ZONING COiV SSION IUEETING - PAGE TWELVE ALOJST 19, 1997 Commissioner Cans Mated concerns with the UDC not allowing the approval to be on a conceptual plan. He stated promises from the podium should be a part of the motion. Paul Kruckemeyer. City Engineer, stated the preliminary plat reconTnendation only required substantially complete construction plans. He stated the conceptual plan could be part of the construction plans. Commissioner Owens stated he would feel better with this case if the conceptual plan was included in the construction plans. Mr. Kruckemeyer stated that would be permissible for the final approval of construction plans. Matt Goodwin, 6001 Bridge Street, stated the frustrations that he and Mr. Kruckemeyer had in the past year was related to the detail requests from staff. He stated that within a year the City would be proud of the project. Chairman Young asked lllllr. Goodwin about the time frame for construction of the bridge. Mr. Goodwin stated the bridge concept plan would not interfere with the water flow and would be a part of the construction plans within the month. He stated there would be separate structural plans for the bridge and under a separate cover within the month. Bo Sass, Director of Planning & Development, gave a brief overview of the preliminary plat submittal requirements. He explained the sign off from Engineering was the "go- ahead" for the Building Department to receive building plans for a building permit. He stated at which time, there would be site plans which dealt with the landscaping. He informed the Commissioners inspectors would inspect each phase of construction and enforce the landscaping requirements as well as all the improvement inspections. Mr. Bass assured the Conyrissioners all inspections would be enforced. Cornrnissioner McMillon made the motion to approve preliminary plat#P--97-20 with the condition to include conceptual plans with the construction plans to the Engineering Department. Comnrissioner Shuler seconded the motion. The Corrssioners had discussion regarding the lighting situation for the park. Commissioner Shuler asked Mr. Bass what the opinion was from the Fire Department and Police Department. Mr. Bass stated they would have preferred lights on the trails but the National Recreational Park Atssociation had suggested, in the past several years,that trail lighting was a good thing but only if the lighting was as bright as a room and the entire length of the trail. He stated there could be danger having dark open space betw�en lights. He stated the UDC had no standards in lighting of trails and everything given up by the applicant had been voluntary because they were willing to work with the City and the staff. Commissioner Lens stated the citizens wanted the lighting and he was strongly supporting the Police Department concerns with the lighting situation. PLANNING AND ZONING COIVMSSION IVEETING - PAGE THIRTEEN AUGUST 19, 1997 The vote was as follows: Ayes: Conyrissioners McMillon, Young, Bright, Owens, Shuler Nays: Commissioner Zahn Arent: Conssioner Eggers The motion carried. VI. CONSIDER APPROVAL - PRELINN Y PLAT m #P-97-24 - HIDEAWAY ADDITION Consider approval of the proposed preliminary plat of 5.429 acres for the construction of 28 single family lots located at the intersection of Sixpence Lane and International Drive Bo Bass, Director of Planning & Development, gave a brief description of the preliminary plat. He stated prior to this point there had been a land plan, zoning change, PD with an SUP and a site plan already approved. He stated the DRC recommended approval of this rTinisterial function, Chairman Young asked Mr. Bass the size of the lot area, which was 5958 sq.ft. Corrssioner Owens made the motion to approve Preliminary Plat#P-97-24, with the placement of the street lights being put on the preliminary plat. He stated the UDC called for lighting to be on the preliminary plat drawing. Mr. Kruckemeyer, City Engineer, stated the statement in the UDC for prefirninary plat was a typographical error and the plat should show light pole easement locations. He stated the word easement was left out. A plat is strictly a legal document. Chairman Young stated he agreed with Mr. Kruckerneyer, however, the UDC must be corrected in order to amend Commissioner Owens' motion. The motion stood as stated. Commissioner Bright seconded the motion. The vote was as follows: Ayes: Commissioners McMillon, Zahn, Young, Bright, Owens, Shuler Nays: None Absent: Commissioner Eggers The motion carried. PLANNING AND ZONING COMPASSION MEETING - PAGE I=OL RTEEN AUGUST 19, 1997 Vllo CONSIDER APPROVAL - PREU NNARY PLAT - #P-96-12 - VILLAGES OF BAR CREED ADDITION Consider approval of the proposed preliminary plat of 12.499 ages for the construction of a 226 unit apartment complex out of the R. Crowley Survey, Abst. #312 and S. Tucker Survey, Abst. #1512, located South of Mid-Cities Blvd. and East of Fuller Wiser Drive Bo Bass, Director of Planning & Development, gave a brief description of the preliminary plat and explained the tine period on the preliminary plat had expired and had cancelled the request. The DRC had reviewed the new submittal and found the submission, as well as the standards, had been met and recommended approval. Cornry�ssioner Owens made the motion to approve preliminary plat #P-95-12, with the stipulation to meet the UDC standards regarding the light pole locations on the preliminary plat. Corssioner Zahn seconded the motion. The vote was as follows: Ayes: Commissioners McMil'lon, Zahn, Young, Bright, Owens, Shuler Nays: None .Absent: Commissioner Eggers The motion carried. \All, PUBLIC HEARING-AMENDNIENTTO THE HOME OCCUPATION ORDINANCE - #PZ-97.06 Public input regarding the request of the City of Euless for an amendment to the Unified Development Code, Subsection {n}"Home Occupations`° of Section 84-85 Bo Bass, Director of Planning&Development gave a brief description of the amendment to the Unified Development Code for the Home Occupation Ordinance, Chairman Young opened the Public Hearing and asked for proponents. Mr. Donald Tharp; 1112 Donley Drive; stated he was in favor of the amendment to the Home Occupation Ordinance for he felt the American history showed residential businesses as a tradition. He stated most people stay within the rules governing the ordinance and hoped to see the amendment to the ordinance approved. PLANNNG AND ZONING CO11NSSION MEETING - PAGE FIFTEEN AUGUST '19, °199Q7 There being no further proponents or opponents, Chairman Young closed the Public Hearing. IBC. RECOM ENDATION OF - AMENDIItIENT TO THE NOME OCCUPATION ORDINANCE -#PZ-97-06 Consider recommendation of the request of the City of Euless for an amendment to the Unified Development Code, Subsection (n)"Home Occupations" of Section 84-85 There vas discussion among the Commissioners regarding Items Number 1 and 5 of the document}which was discussing if the homeowner could stock merchandise or fill orders of merchandise on the premises. ConTrissioner Zahn made the motion to approve Item #PZ-97.06 as presented. The motion was seconded by Conyrissioner Mcl'Jliilon. The vote was as follows: Ayes: Commissioners McMillon, Zahn, Young, Bright, Ovens, Shuler Nays: None Absent: Corssioner Eggers The motion carried. ADJOURNME ., There being no further business, the meeting adjourned at 10:40 PIVI. Chairman 136 You, Date dgbMPARIE:SA0819 7rnn.F&z r.