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HomeMy WebLinkAbout1998-03-17 AGENDA PLANNING AIND ZONING COMNHSSION City of Euless Council Chambers-Building "B" 201.North Ector Drive Euless, 'Texas 75039 March 17, 1998 5:30 - Pre-Commission Meeting(Conference Ravin - Building "C") 7:00 - Call to Order (Council Chambers- Building "B") PLEDGE OF ALLEGIANCE -- Commissioner Owens LN- TVOCATION - Commissioner Shuler APPROVAL OF MINUTES- Regular meeting of March 3, 1998 AGENDA ITEMS: I'1`I+;? l 1. PUBLIC HEARING - SP ,CIFIC I SE PERMIT - #97-75-SUP - FIRST' TONG AN A.SSENIBLY OF GOD CHURCH Public input regarding the request of Eric Dalton for a Specific Use Permit to allow a church within the R-1 (Single Family Detached Dwelling District) zoning district located in the LE.E. Whitener Estates, Block 1, Lot 1A 1; 151 S. Pipeline Road East ITEM 2 RECOMMENDATION OF - SPECIFIC USE PERMIT - #97-75-SUP - FIRST TONGAN ASSE�INIBLY OF COD CHURCH Consider a recommendation on the request of Eric: Dalton for a Specific Use Permit to allow a church within the R-1 (Single Family Detached Dwelling District) zoning district located in the LE. Whitener Estates, Block 1, Lot 1A.1; 151 S. Pipeline Road East ITEM 3 IRECOINC ENTI)ATION OF - SITE PLAN - #97-76-SP - FIRST TONGA.N ASSEMBLY OF GOD CHURCH Consider a recommendation on a Site Plan for a 6,000 square feet church. located in the J.E. Whitener Estates, Block 1, Lot IAl; 151 South Pipeline Road East ITEM 4 PUBLIC HEARING - SPECIFIC I°SE PERMIT - #98-16-SUP - DAYBREAK FELLOWSHIP Public input regarding the request of Travis Flutchison for a Specific Use Permit to allow a church within the C-2 (Community, Business District) zoning district located in the Glade Crossing Shopping Center, Block 1, Lot 1R; 101 West Glade Road PLA11'tiIN G & ZON ING AGENDA -2- MARCH 17, 1998 ITEM 5 RECON ENDATION OF -• SPECIFIC USE PERMIT - #38-16-SUP - DAYBREAK FELLOWSHIP Consider a recommendation on the request. of Travis Hutchison for a Specific Use Permit to allow a church within. the C-2 (Community Business District) zoning district located in the Glade Crossing Shopping Center, Black 1, Lot IR; 101 'hest Glade Road ITEM 6 PUBLIC HEARING - SPECIFIC USE PERMIT - #97-09-SUP - GATOR'S BAYOU CAJUN SPORTS GRILL Public input regarding the request of Dane Hedges for a Specific Use Permit to allow an arcade and pool tables in a C_2 (Community Business District) zoning district located in the Westpark Central Addition, Lot.4A.R 1: 2155 West Airport Freeway #100 ITEM 7 RECOMMENDATION OF - SPECIFIC USE PERMIT 497-09-SIB' - GATOR'S BAYOU CAJUN SPORTS GRILL Consider a recommendation on. the request of Dante Hedges for a Specific Use Permit to allow an arcade and pool tables in a C-2 (Community Business District) zoning district located in the Westpark Central Addition, Lot 4AR1; 2155 West Airport Freeway #100 I'I'Ii:M 8 CONSIDER APPROVAL - FINAL PLAT - #P-98-0.5 - INTERNATIONAL REGIONAL INDUST:RIA)" COMPLEX Consider the request of :Billy Horn for a Final flat of International Regional Industrial Complex, Block D, Lots 8 and 9 ITEM 9 PUBIAC, HEARING - ZONING CHANGE - #98-2.9;-ZC - BELL RANCH TERRACE ADDITION PHASE III. Public input regarding the request of The City of FUle&s for a zoning change of PD #1.1.10 to change minimum side yard setbacks for fences on corner lots rm-M 10 RECOMMENDATION ATION OF - ZONING CHANGE - #98-25-ZC - HELL RANCH TERRACE ADDITION PHASE III Consider a recommendation on the request of The Cite of Euless for a zoning change of PD #11,1.0 to change minimum side yard setbacks for fences on corner lots PLAN1� iG `X. dliJ �Lr VD�cI��I °3° MARCH. 17, 1-998 UEM 11 PUBLIC HEARING # `-98-02 A.'�'�ENI)ME'W 1O THE LNUIED DEVELOPMENT CODE CHAPTER 84 OF THE CODE OF ORDINANCES, SECTIONS 10 & 103 Public input regarding the request of I'lie City of Euless to amend the UDC, Chapter 84 of the Code of Ordinances, Sections 102 & 103 to prohibit drainage obstructions in side yards of less than severe feet ITEM 12 RECOMMENDATION OF ° #PZ°98-02 m AMENDMENT TO THE UNIFIED DEVEI,OPMENT CODE CI APTER 84 OF THE CADRE OF ORDINANCES, SECTIONS 102 & 103 Consider a recommendation on the request of 'The City of Euless to amend the 11DC, Chapter 84 of the Code of Ordinances, Sections 102 & 103 to prohibit drainage obstructions in side yards of less than seven feet ITEM 13 REPORTS POSTED THIS 12TH DAY OF MARCH, 1998, AT 4:00 P.M. Donna Brown. Individual Posting Notice If you plan to ati ild this public rncseting and you have a disability tl5at rea:dre:s syersial arrangemerjts at the nieeing,please eoiz.act imur office a1(nil?j ti35-16l9. Rea ,roblc sccvmm tiaucnzs will t bu initic:t.o,mist you r"Zm PLANNING AND ZONING COMMISSION MARCH 17, 1998 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 Building "C" Conference Room, All members of the Planning and Zoning Commission were present, PLANNING AND ZONING COMMISSION CONSIDERATION OF SCHEDULED ITEMS COUNCIL CHAMBERS Chairman Young called the Planning and Zoning Commission meeting to order at 7:00 p,m. for the consideration of scheduled items, He stated that all seven members of the Planning and Zoning commission were present, MEMBERS AND STAFF PRESENT Chairman Ronald Young Billy Owens Clancy Bright ploy Shuler Keith Eggers George Zahn Robert McMillon Kevin Mercer, Development Services Manager Carol Griffith, City Planner Donna Brown, Office Technician VISITORS PRESENT David Frezior Travis Hutchison Ross Garrett Andy Smith Eric Faulk Steve Huckabee Frank Dolt dames Stevenson t'alter Elliott Eric Paxton Cheryl Greer Ty Smith Alex Late Henry Fahey PLEDGE OF ALLEGIANCE AND INVOCATION, The Pledge of Allegiance was led by Commissioner Owens and the Invocation was given by Commissioner ShWer, APPROVAL €F MINUTES Commissioner Shiner made the motion to approve the minutes for the March 3, 1998, Planning and Zoning Comm€ss€on meeting as presented. The motion was seconded by Commissioner Egger. . The vote was as follows: Ayes: Commissioners Young, Bright, Eggers, Mc Millon, Owens, Shuler, Zahn Nays: None The motion carried unanimously. Planning & Zorin� Commission Minutes Page 2 March 17, 1 998 REGULAR AGENDA ITEM I PUBLIC HEARING - SPECIFIC USE PERMIT - #97-75-SUP - FIRST TONGAN ASSEMBLY OF GOLD CHURCH Public input regarding the request of Eric Dalton for a Specific Use Permit to allow a church within the R_1 (Single Family Detached belling District zoning district located in the J.E, Whitener Estates, Bloch 1, Lot 1A1; 151 S. Pipeline Road East Kevin Mercer, Development Services Manager, gave a brief description of the property. He stated that the Specific Use Permit#98-24--SUP request was to allow a church within a R--1 (Single Family Detached Dwelling) zoning district in J E. Whitener Estates, Block 1. Lot 1A1, also known as 151 South Pipeline Road East, Chairman Young explained the public hearing procedure. Chairman young opened the public hearing and requested that the applicant or applicant's representative spear on behalf of the application, There being no applicant or representative present, Commissioner Zahn moved to table the public hearing for Case #97-75-SUP; to be beard once, a representative was at the meeting. Commissioner Owens seconded the notion. The vote was as follows: .yes: Commissioners Young, Bright, Eggers, McMillon, Owens. Shuler, Zahn Nays: None The motion carried unanimously, At that time representatives for Case #97-7-SUP arrived at the meeting. Commissioner Zahn moved to remove the public hearing from the table. Commissioner Owens seconded the motion. After a pause. Chairman Young decided the mooting should move on to Agenda Item 4. ITEM 4 PUBLIC HEARING a SPECIFIC USE PERMIT-#96-16-SUP-DAYBREAK FELLOWSHIP Public input regarding the request of Travis Hutchison for o Specific Use Permit to allow a church within the C-2 (Community Business District) zoning distract located in the Qade Crossing Shopping Center; Bloch 1, Lot 1 R, 101 West Glade Road Kevin Mercer, Development Services Manager, gave a brief description of the property. He stated that the Specific Use Permit 98-16-SUP request was to allow a church within a C-2 (Community Business) zoning district in Glade Crossing Shopping Center, Block 1, Lot R, also known as 101 West Glade Road. Planning & Zoning Commission Minutes Page 3 March 17, 1 998 Chairman Young explained the public hearing procedure. Chairman Young opened the public hearing and requested that the applicant or applicant's representative speak: on behalf of the application. David Frazior, Texas USA, Joint Ventures, 2304 Woodfield Way, Bedford, Texas, a representative of the owners of the shopping center, spoke on behalf of the request, He stated that the shopping center at 181 Wast Glade Road was built in 1985, and that the space that the church would occupy had been vacant since the center was constructed. He stated that because the ontire back side of the shopping center did not face anything, it had no real commercial or retail use. He stated that it needs to be an office or church use that would not require street frontage. He .stated that he believed a church would be an asset to the community. Travis Hutchison, 3828 Beat Free, Bedford, Texas, stated that he was the applicant and pastor of Daybreak Fellowship Church, He stated that sings the space sat vacant for so long, the church could utilize the space and have e positive influence on the community, He stated that the church was one and one-half years old and was currently meeting in a movie theater in Bedford, He stated that moving out of these temporary facilities into a more permanent base would be a great benefit to the church. Steve Huckabee, 604 Annette, Bedford, Texas; stated that he had heard that the shopp€ng center would be torn down, but if that was not the case he was all for the Specific Use Permit, ITEM 5 RECOMMENDATION OF SPECIFIC USE PERMIT #98-1' - P DAYBREAK FELLOWSHIP Consider a recommendation on the request of Travis Hutchison for a Specific Use Permit to allow a church within the C-g (Community Business District) zoning district located in the Glade Crossing Shopping Center, Block 1, Lot R; 101 West Made € cad Commissioner Zahn} asked Mr. Hutchison if the church intended to lease, not purchase, the shopping center. Mr. Hutchison replied that the church would !ease the property. Commissioner Eggers asked if there was any opposition by the church to alcohol sales in the vicinity, l r� Hutchison replied that there was not, Commissioner Eggers stated that in the past the Co€ mn ssion had recommended that this type of Specific Use Permit be limited to two years. He asked Mr, Hutchison what his feelings were about a two year time !imitation, Mir. Hutchison replied that the church would be paying for considerable finish-out work on the facility, and if the Specific Use Per:-nit were not re-granted in two years; they would have expended considerable sums of money and located their -whole fellowship there, leaving there in a very awkward position. He stated that leasing this space would not work for thew if they thought that was going to happen. Commissioner Eggers asked if the church was considering purchasing the center. Mr, Hutchison replied that the church ',was not in a financial position to do so nova. Commissioner Eggers asked how many people were currently in the church, Mr. Hutchison replied that there were Planning & Zoning Commission Minutes Page 4 March 17, 1998 between 210 and 240 people and of that about 170 were adults. Commissioner Eggers asked if the proposed paNng lot on the south side would be done in conjunction with finishing out the inside of the building, Mr, Hutchison replied yes. Per. Hutchison stated that the parking issue had been discussed with Mr. fiercer and addressed. He stated that there were between 65 and 75 cars on Sunday morning, and the south lot would park approximately 73 cars; which parking was in addition to the currently mailable parking at the center that would be allotted to the church. He stated that here was significantly more parking available than they would need. Commissioner Eggers asked if this property would still be on the tax rolls, Mr. Mercer stated that it would, unless the church purchased the shopping outer. Chairman Young asked about the length of the lease. Mr. Frazior replied that the lease was for ten years, and that a two year Specific Use Permit would be a problem. Chairman Young asked under what conditions the church could get out of the lease, and Mr. Frazior replied that there was no provision for that in the lease. Commissioner Owens discussed churches in retail spaces, and stated that he was not "for" going over a two year time limit for the Specific Use Permit since this seemed like a permanent arrangement and typically Specific Use Permits have been granted for churches in retail space as a temporary arrangement. Mr. Hutchison Mated that he sees this church as taking incremental steps in the development of this church; and that this was the third step. He stated that they first met in a house, and then started renting the United Artists movie theater in Medford. He stated that he realizes this was a commercial shopping strip, and that if the church can stay there ten wars it can build enough strength financially to build a stand alone traditional church structure. He stated that he thinks the church can recoup the cost of shopping center improvements in ten years. Commissioner Owens asked if the church was connected with a rational group. Mr. Hutchison replied that it was a 501(c)(3) corporation, which was a nonprofit incorporated by the state under strict rules about.what can and cannot happen to the assets if they must be disposed, He stated that the assets always have to go into another nonprofit, so there was no persona'; gala out of the corporation. He stated that he was ordained by the Wesleyan Church of America, and that Daybreak Fellowship was an interdenominational church. Commissioner Ower%s asked who the improvements would belong to if the church did not make it. Mr. Hutchison replied that all improvements would be part of the building and therefore would belong to the building owners, Commissioner Owens asked i¢the church was definitely planning to move out and build a free standing church when they were able. Mr. Hutchison replied that was in their long tern- plan, and that they were taking a step at a time. Commissioner Owens asked what was the difference in square footage of the movie theater and the space they wanted to move into. Mr. Hutchison replied that it was not trhe square footage at issue, but the classroom space availability. Commissioner Zahn stated that the reason the Commission had put time limits on this type of Specific Use Permit was to continue to ensure the compatibility of the facility and its use with the community around it. He stated that if the church outgrew its parking capacity and created traffic concerns, the time limit on the Specific Use Permit would allow the City to change the use of the facility to benefit the neighborhood, He stated that he Planning & Zoning Commission Minutes Page b March 17. 1998 believes the two year time limitation was needed as a safeguard for the protection of the citizens, Commissioner Eggers questioned whether this was the best use for this commercial property, and if the slopping center would really serve the growth needs of the church. I'Ar, Hutchison replied that church growth had plateau'd recently, He stated that he believed there were other stop--gap measures that could address the Commissioners' concerns, such as reviewing the Specific Use Permit when the church reached a certain number of members, instead of a tame limit. Commissioner Zahn stated that a time frame causes automatic review, but not automatic cutoff of the permit. He stated that other triggers would require too much monitoring for the city to handle, Commissioner Owens stated that the city was becoming saturated with church and other Special Use Permit uses in shopping centers, and therefore the city was not getting the sales tax it could. Commissioner Zahn asked Commissioner Owens if he would be willing to consider a Specific Use Permit with a five year time limit. Commissioner Owens stated he would like to know for the record how much money would be put into t" building, and when. Chairman `young asked Mr. ILLrazior to return to the podium to answer some questions. He asked what the first items of work would be in improving this property for the church's use. Mr, hrezior replied that a $50-60,000 parking lot w, ou€d be gut in, that approximately 15,€ 00 square feet of finish-out would have to be done, and that it would have to be fully sprinkled to comply With City code. He stated that his estimate for sprinkling and finishing- out the building Mould be $20 per square foot, so that would mean approximately $300,000 would be spent along with the 50-60,000 for the parking lot, in order to prepare the building for church use. He stated that classrooms would also be built, Commissioner Owens asked if Mr. Frazior would be amenable to tying into the motion that a Certificate of Occupancy would not be issued until the classrooms and other improvements were complete, Chairman Young stated that he did not think. Mr, Mercer would allow the church to occupy the space until the improvements were made. Mr. Fraxior stated that he agreed with the Commissioners that as a community grows it needs commercial space, but that the peoplewho built this building "built an albatross" since the 12,500 feet in the back portion of the building did not face anything, and tenants would not move in there for retail use. except for automotive uses like garages. He stated that they had tried unsuccessfully to lease the space to office users. He stated that if the back portion was not used for a church or something like:that; he did not think it would be used, perm. Chairman Young asked if the improvements, including the parking and finish-out, would be done immediately, instead of in phases. Mr. I"razior answered yes. Commissioner Zahn moved to recommend approval of Case 8-16-SUP with a five year time limit; with the condition that a Certificate of Occupancy not be issued until such time Planning & ,honing Commission Minutes Page E March 17, 199E as the facility was ready for occQpancy. Commissioner Owens seconded the motion. The vote was as follows: Ayes; Commissioners Young, Bright, Eggers, Mc Millon, Owens, Shiner, Zahn Nays: None The motion carried unanimously- ITEM 6 PUBLIC HEARING _ SPECIFIC USE PERMIT - #97-99-SUP n ATOR'E BAYOU CAJUN N SPORTS GRILL Public input regarding the request of Dane Hedges for a Specific Use Permit to allow an arcade and pool tables in a C-2 (Co rnaniti Business District) zoning d istrict located in the Westpark Central Addition, Lot 4ARI; 2155 West.Airport Freeway #100 Kevin Mercer, Development Services Manager, gave a brief description of the property, He stated that the Specific Use Permit #97-09-SUP request was to allow an arcade and pool tables in an existing business within a C-2 (Community Business) zoning district in the yr; the 'Nestpark Central Addition, Lot 4AR1, also known as 2155 West Airport Freeway, Suite 100., Chairman Young explained the public hearing procedure. Chairman Young opened the public hearing and requested that the applicant or applicant's representative speak on behalf of the application. Eric Faulk, 6484 Industrial Pads Boulevard, North Richland Hills, Texas, spoke on behalf of the applicant. He stated that applicant Dane hedges desired the allowance of an arcade and pool tables for the purpose of family entertainment, ITEM 7 RECOMMENDATION OF u SPECIFIC USE PERMIT - #97.09-SUP GATOR'S BAYOU CAJUN SPORTS GRILL Consider a recommendation on the request of bane Hedges for a Specific Use Permit to a€lava an arcade and pool tables in a C-2 (Community Business District) zoning district located in the Westpark Central Addition, Lot 4AR 1; 2155 'west Airport Freeway #100 Commissioner Shuler stated that she had a problem with this application because alcohol was served at the facility, yet the stated reason for the arcade and pool tables was "family entertainment".. Commissioner McMillon stated that it was his understanding that the arcade and pas: tables were already in use at this time, and that they were installed outside of proper channe€s. He stated that he was also aware that the police department had major concerns about this application. He stated that before he could support this application, Planning & Zoning Commission Minutes page 7 March 17, 1998 he would have to be assured that the police department supported it, and that he did not see that at this time. Commissioner Bright stated that she had the sane concerns as Commissioner Chuler, Chairman Young asked if the facility was in use this evening. Mr. Faulk replied that it ,was. Chairman 'young .stated that he did not like the combination of pool tables and arcade games, since pool was not a children's game. Commissioner Eggers asked if there was access from the outside to the room that had the arcade and pool tables. Mr. Faulk replied no. Commissioner Eggers stated that the only access then would be through the restaurant and lounge area. Mr. Faulk answered yes, and said that the facility was divided into two areas, smoking and non-smoking, and that the game room was in the non-smoking area on the west side. Mr. Faulk stated that the business was trying to get assay from the bar label it was getting, and that families stop by after work and have dinner. Commissioner Eggers asked if there was a police officer there daily, such as an aft duty officer. Mr, Faulk replied that there was not. Commissioner Eggers asked what the rate of incidents involving the police department had been, fair. Faulk answered that the incident rate was one of the lowest if not the lowest compared to other restaurants in the area. He stated that there was a recent incident with a Mardi Gras celebration. Commissioner Bright stated that the Commission had a list of criteria on which decisions about Specific Use Permits were teased. She stated that she did not believe the benefits outweigh the losses for the city in$..his case. Chairman Young asked Comm ssioner Bright to which of the criteria she was specifically referring. Commissioner Bright answered numbers Two (Location and Configuration of Ilse) and Three (Benefits Outweigh Lasses). Commissioner Owens asked Mr. Faulk if the establishment was leasing the pool tables and arcade machines, Mr, Pauly answered yes. Commissioner McMillon moved to recommend denial of Case 7-09-BLIP, based on the thirteen criteria for Specific Use Permits, specifically numbers Two (Location and Configuration of Use) and Three(Benefits Outweigh Losses), and teased on the opposition letter from the police Department. Commissioner Bright seconded the motion. The note was as follows: Cayes. Commissioners Young, Bright, Eggers, Mcl` illon, Owens., Shuler; Cahn Nays: bone The motion carried unanimously. Planning & Zoning Commission Minutes Page 8 March 17, 1998 ITEM 8 CONSIDER APPROVAL a FINAL PLAT #P-98-05 _ 9NTBRNATIONAL REGIONAL INDUSTRIAL COMPLEX Consider the request of Billy Horn for a Final Plat of International Regional Industrial Complex, Block. D, Lots 8 and 9 Kevin Mercer, Development Services Manager. gave a brief description of the case, He stated that Item loo. B was consideration of a Final Plat, Case #P-98.05, for International Regional Industrial Complex, Bloch D, Lots 8 and g, at the request of Mr. Billy Horn, Commissioner Zahn stated that the City Engineer had pointed out two errors on the Final Plat. He stated that the first paragraph of the Owner's Certificate refers to Slide 601, but the face of the plat refers to Slide 501, and that this discrepancy creeds to be corrected, Also,, the word "minutes" was misspelled in the Owner's Certificate, Commissioner Zahn moved that Final Plat, Case #P-98-05 be approved subject to the correction of the two errors he described and presentation of the corrected plat to the City Engineer. Commissioner Eggers seconded the motion, The vote was as follows'. Ayes; Commissioners 'young, Bright; Eggers, McMillon, Owens, Shuler, Zahn Nays, alone The motion carried unanimously. ITEM 9 PUBLIC HEARING - ZONING CHANGE a #98-252C a DELL RANCH TERRACE ADDITION PHASE III Public input regarding the request of The City of Braless for a zoning change of PQ#1110 to change minimum side yard setbacks for fences on corner lots Kevin Mercer, Development Services Manager, gave a brief description of the case. He stated that the Zoning Charge #98-25-ZC request vas a city initiated request to change the required minimum side yard setbacks for fences on corner lots in Planned Development #1110, Bell Parch Terrace Addition Phase 111. Chairman Young explained the public hearing procedure. Chairman Young opened the public bearing. Tyrone Smith, 1401 Signet., Euless, Texas spoke: in favor of the request. He stated that this would make the Planned Development comply with City ordinances and that this appeared to be reasonable and fair. Commissioner Zahn asked Mr, Smith to point out on the display map the lot he owns, which he did. Commissioner Shy ler asked Mr. Smith if he was on a corner lot, and he replied yes. Planning Zoning Commission Minutes Page: g March 17, 1998 ITEM 10 RECOMMENDATION OF - ZONING CHANGE #98.2620 - BELL. RANCH TERRACE ADDITION PHASE III Consider a recommendation on the request of The City of Euless for a zoning change of PD #1110 to change m€nrrr€um side yard setbacks for fences on comer lots Commissioner Shiner asked if; out of the surveys sent by the City, the four who returned surveys in apposition to the change were on corner lots. Mr. Mercer replied that he slid not know. Commissioner Sholer asked whether ft majority of those polled were for the change, Mr. Mercer replied that 35 out of 49 surveys sent were returned in favor of the change. Commissioner McMillon stated that he was ambivalent about the case, especially since there was no one Moro in opposition to it . He stated that be felt he could support the change. Commissioner Bright stated that she did not see anything wrong with the request since there was no one here in opposition to it and the surveys were returned in favor of it. Chairman Young stated that as a fence variance committee this body heard a request for a fence variance, and at that time recommended that it not be granted a variance, He stated that he felt that if they changed the ordinance now; they would be contradicting what they did daring the fence variance request, He stated that if it was not a goad thing to grant a farm variance then, this would just be granting a blanket fence variance to to whole ,Planned Development. Commissioner Eggers asked Mr. Smith if he was the one who had requested the fence variance. Mr. Smith replied that he Baas. Commissioner Zahn asked Mr. Smith if homebuilder Ted Brooks intended to move the fence if this application was denied. Mr. Smith replied that he did not know. Mr. Zahn stated that there was Mill an avenue for a fence variance.. He stated that when the Commission beard the application as a fence variance; a lot of people in the neighborhood spoke it supposition to it, He stated that the Zoning Board of Adjustment had the authority to decide this on an individual case basis and that it did not rued to be done through blanket zoning. Commissioner Eggers asked what avenues the City had to force the relocation of the fence at the homebuildees expense. Mr. Mercer stated that the City had avenues to force the relocation of the fence, He stated that he had agrees with, Mr. with that the City would not take legal action against hires until the City had pursued this request, and that Mr. Smith had agreed that if this application was denied and ttie City asked him to take down the fence; he would zoo so. Commissioner Eggers stated that since the fence placement was not Mr. Smith's responsibility, it should not be his expense to move it. Mr. Mercer stated that the fence installer was responsible for the placement of the fence. Planning & Zoning Commission Minutes rage 10 March 17, 1998 Commissioner Zahn stated that it would not make a difference to Mr. Smith as long as he would not have to pay for it, Mr. Smith stated that it did make a difference to him because not having the fence would be a hardship to him, Commissioner Cahn stated that he was not in favor of the request because if the builder had been up front with Mr. Smith to begin with, this case would not exist. He stated that there needed to be an avenue whereby either the fence installer could reimburse Mr. Smith for the fence or move it, or Mr, Smith could go to the Zoning Board of Adjustment and get a variance. Commissioner Eggers state that he could see everybody who had a corner lot boding a yard east like I*+s'Ir. Smith's. Mr. Smith .stated that they would receive no complaints from him if they did that. Commissioner Owens asked Mr. Smith if he was here at the last meeting because he wanted his fence to remain like it was, Mr, Smith replied that was correct. Commissioner Owens asked for clarification on the purpose of the current rase. Mr. Mercer replied that it was to make the fencing requirements for this particular portion of town the same as they were everywhere else in the city. Commissioner Owens stated that usually when the City found a violation, the homeowner would have to get a variance from the Zoning Board of Adjustment or remove the fence. Mr. Mercer replied that was correct, After some discussion; Commissioner Zahn stated that he had a problem with eliminating a portion of a Planned Development to bang it back into compliance with a City ordinance, since if the developer had wanted to follow the guidelines he could have prat in an P„t development, He state that the developer had chosen to put in a Planned Development, which had specific requirements, He stated that next the Commission would see requests to change other parts of Planned Developments.. which were specifically designed to accomplish a given goal on a particular pierce of property, and this would create a bodge podge of different areas that staff could not police. Commissioner Owens asked Commissioner Zahn if he would have any objection to that statement going into the record just as he told it. Commissioner Zahn replied that he did not.. Commissioner Mc Millon stated that he had said he was ambivalent about the case because when this rase carne up before, people opposed to it attended the meeting. He stated that now no one was there but lair, Smith. Commissioner Zahn stated that although the City had sent out 49 notices, this particular decision affects only 8 parcels. He stated that it would not affect the 35 who agreed to it. Commissioner Zahn moved to recommend denial of Case 8--25-ZC. Commissioner Shuler seconded the motion. The vote was as follows: Ayes: Commissioners 'young, Eggers, Owens, Shuier, Zahn Pays: Commissioner Bright Abstan Commissioner McMiilon Planning & Zoning Commission Minutes page 11 March 17, 1988 The motion carried with a vote of 8-1-1. ITEM I I PUBLIC HEARING w Pa-88-02 - AMENDMENT TO THE € NIFIED DEVELOPMENT CODE CHAPTER 84 OF THE CODE OF ORDINANCES, SECTIONS 102 & 103 Public input regarding the request of The City of Euless to amend the UDC, Chapter 84 of the Code of Ordinances, Sections 102 & 103 to prohibit drainage obstructions in side yards of less than seven feat Mr. Mercer briefly described a City--initiated amendment to the UDC, Chapter 84 of the Code of Ordinances. Sections 102 and 103 to prohibit drainage obstructions in side yards of loss than seven feet. Chairman Young explained the public hearing procedure. Chairman 'young opened the public hearing There were no speakers for this case. Chairman Young asked Mr. Mercer to explain for the record what this amendment would do, Mr, Mercer explained that it would prohibit air conditioning units and any other permanent fixtures in side yards of less than seven feet in R-1 (Single Family Detached Dwelling) and R-1L (Single Family Limited DweMng) zoning districts. ITEM 12 RECOMMENDATION OF w SPZ-98-02 o AMENDMENT TO THE UNIFIED DEVELOPMENT ENT CODE CHAPTER 84 OF THE CODE OF ORDINANCES, SECTIONS 102 & 103 Consider a recommendation on the request of The City of Euless to amend the UDC, Chapter 84 of the Code of Ordinances, Sections 182 & 188 to prohibit drainage obstructions in side yards of less than seven feet Commissioner Owens stated that he was for the requested amendment with one exception, He asked ,shy the phrase "unless permission therefore shall have been obtained from the Planning and Development Department of the City of Euless" as included. Mr. Mercer answered that the phrase was added by City Attorney Bob McFarland, Commissioner Owens .stated that he believes the UDC now says that staff can require minor changes in developments, and that if this change was great enough to be an ordinance change, it was great enough that exceptions should go through channels other than staff. He stated that he believes the phrase should be removed from the ordinance, Mr. Mercer replied that there was currently nothing that prohibits air conditioners from being placed in .side yards in residential areas. He also stated that there were certain ways in which air conditioners or other permanent fixtures could be placed on the side of the house that would not impede: drainage, and that these were the instances in which staff would make an exception to this ordinance, Mr, Mercer cited as examples elevating the structure or attaching it to the side of the house. Planning & Zoning Commission Minutes Page 12 March 17, 1998 'Chairman Young asked Mr. Mercer if; when a builder constructs a residential unit he had to submit a plot plan as part of his building permit application, and if the location of the outside units was shown on this plot plan. Mr. Mercer replied yes.. Commissioner Shuler stated that she felt that staff would be nearer to knowing whether something would create a drainage obstruction or not, and that if this phrase was removed there would be no leeway even if someone came up with a way to make the unit not stop the water flow, Commissioner Owens stated that the UDC already gives staff the ability to make minor adjustments on plats. Mr. Mercer Mated that this was a zoning, not plating, issue, and that this amendment would be in Article 4 of the UDC, which was the zoning section. He stated that zoning issues such as setbacks were reviewed as part. of the building permit process. Commissioner Bright stated that this would give staff the power to require people who place ftlures in violation of this Ordinance, to remove the fixtures. Chairman Young reiterated that this would provide staff with a mechanism to force people to move the units. Commissioner Eggers stated that it was a good ordinance, but that he would encourage staff not to allow air conditioning unit, to be attached to the side of a house or put on stilts. Commissioner Eggers moved to recommend approval of Case#PZ-98-02. Commissioner Bright seconded the motion. Commissioner Owens requested to amend the motion by placing a period after 7 feet", Commissioner Eggers stated that because the ordinance had input from the City Attorney he would not accept the proposed amendment to his motion. The vote was as follows: Ayes: Commissioners Young, Bright, Eggers, McMillon, Shuler, Zahn Nays, None Abstain- Commissioner Owens The motion carried with a vote of 6.0-1. ITEM 1 PUBLIC HEARING - SPECIFIC USE PERMIT o 97-75-SUP - FIRS T TONGAN ASSEMBLY OF GOD CHURCH public input regarding the request of Eric Dalton for a Specific Use Permit to allow a church within the Rn1 (Single Family Detached Dwelling District) zoning district located in the J.E. Whitener Estates, Block 1, lot 1A 1; 151 S. Pipeline Road East Item One on the agenda was reintroduced by Mr, Mercer. Planning & Zoning Commission Minutes Page 13 Nlarch 17, 1998 Chairman Young stated that the public hearing had already been opened. He requested that the applicant or applicant's representative make a short presentation. Applicant Eric Dalton, 512 Prairie Street, Arlington, Texas, stated that he was a contractor and architect and was there basically to answer any questions about the Site Plan, Reverend Alex Latu, 301 Callas Drive, Eu. ess, Texas, stated that he was pastor of Plat Tongan Assembly of Cod, and that the church's 60-80 members were now meeting at the First Assembly of God Church on South Main Street in Euless. ITEM 2 RECOMME€ DAT90N OF-SPECIFIC USE PERMIT-#97-75-SUP -FIRST TONGAN ASSEMBLY OF GOD CHURCH Consider a recommendation on the request of Eric Calton. for a Specific Use Permit to allow a church within the R-1 (Single Irarnil, Detached Dwelling District) zoning district located in. the J.E. Whitener Estates, Bock 1, Lot 1A1; 151 S. Pipeline Road East Commissioner Zahn asked if the Church had purchased the land. Rev. Lana replied yes. Commissioner Owens stated that he understood that this building would have a metal roof and asked what the pitch would be. Mr, Dalton replied that it would be 6:12, Corr missioner Eggers moved to recommend approval of Case #97-75-SUP with the condition that the Spe-cafic Use Permit be tied the ownership of First Tongan Assembly of God Church. Commissioner Shuler seconded the motion. Commissioner Zahn asked what would happen if the church continued to own the property but someone else was using it. Chairman Young stated that the only allowed use through the SIP would be a church, and that the underlying zoning was R-1. After discussion, Commissioners Eggers and Shuler withdrew the motion. Commissioner Eggers moved to recommend approval of Case #97-75-SUP with the condition that the Specific Use Permit be tied to the ownership and use of First Tongan Assembly of Loci Church. Commissioner Shuler seconded the motion. The vote was as follows: Ayes: Commissioners Young, Bright; Eggers. MWillon, Owens, Shuler, Zahn Nays: None The motion carried unanimously. ITEM 3 RECOMMENDATION OF SITE PLC - 97-76-SP - FIRST TONGA ASSEMBLY OF GOD CHURCH Consider a recommendation on a Site Plan for a 6,000 square feet church. located in the J.E. Whitener Estates. Block 1, Lot 1A1; 151 South Pipeline Road East Planning & Zoning Commission Minutes Page 14 March i7, 1998 998 Mr. Mercer stated that Case 7-76-SP was a Site Plan for a 6,000 square foot church located in J E. Whitener Estates, Block 1; Lot 1A11 also known as 151 Swath Pipeline Road East. Chairman Young asked for the regard whether access, parking, fire access, and drainage had been reviewed by the Development Review Committee, Mr. Mercer replied that the Committee had found eve thing to be in substantial compliance with UDC requirements, Chairman Young asked if construction plans and plat were in the warps. Mr. Mercer stated that he believed that this would be a minor replat with no public irnpravernents required. Chairman Young asked if the applicants had a site drainage plan. Mr. fiercer answered yes. Commissioner Owens moved to recommend ,approval for Case #97-76-SP; and Commissioner Bright seconded the motion. The vote was as follows: Ayes. Commissioners Young, Bright, Eggers, McMillan, Owens; Shiner, Zahn Nays: bane The motion carried unanimously. ITEM 13 REPORTS Where were no repof1s. ADJOURNMEXT There bd€n gZfurther busin s, the meeting adjourned at x;45 p.m, Chairman Pop6ld aunt ,f' Date