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HomeMy WebLinkAbout1998-11-03 AGENDA PLANNING AND ZONING COMMISSION City of Euless Council Chambers— Building "B" 201 N. Ector Drive,Euless,Texas 76039 November 3, 1998 5:30 P.M. —Pre-Com nission Meeting(Conference Room-- Building "C"') 7:00P.M. —Call to Order(Council Chambers—Building "B") PLEDGE OF ALLEGIANCE —Commissioner Sbuler INVOCATION —Chairman Young APPROVAL OF MINUTES— Regular meeting of October 6, 1.998 AGENDA ITEMS: ITEM 1 CONSIDERATION — LAND PLAN - #98--1.3;I,P — ST. MICHAEL'S SUBDIVISION Consider the request of Sepehr Pamian, PCC Consulting Engineers, Inc. for a land plan of 9358 acres located in the John Groves Survey, Abstract 599, Tracts 1C2, 1131, 1E1A, IT, 1F3 which is located at the northwest and northeast corners of Hospital Parkway and West Euless Boulevard. The proposed land use is for office,warehouse, and retail. ITUNI 2 CONSIDERATION — FINAL PLAT - #98-11-EP— PARK HOLLOW ADDITION Consider the request of Fred Phillips, The Ryland Group, Inc. for a. Final Plat of.Park Tlollow .Addition, Block A, Lots 1-31, Block B, Dots 1-24, Block. C, Lots 1-13, Block I3, Lots 1-7, Block F", Lots 1-8 being 23.034 acres, located to the west of American Boulevard and north of South Pipeline Road. ITEM 3 I'L.BLIC HEARING - #98-07-UDC — PRIVATE WATER VV•FLI.YS AND WELL HEAD PROTECTION ZONE Public input regarding a request by the City of Euless to amend Chapter 84 "unified Development Code" to replace Section 84-182 "Wellhead Protection Zone"with Section 54-182 "Private Water Wells and Wellhead Protection. Zone": Providing a severability clause; providing a savings clause;providing a penalty for violation and providing an effective date. ITEM 4 RECOMMENDATION - #98-07-tTDC _ PRIVATE WA rER WELLS AND WELL HEAD PROTECTION ZONE Recommendation regarding a request by the City of Euless to amend. Chapter 84 "Unified Development Code" to replace Section 84-152 "XIVellhead Protection Tone" with Section 84-1.82 "Private Water Wells and Wellhead Protection Tone` Providing a severability clause; providing a savings clause;providing a penalty fiBr violation and providing an effective date. Planning and Zoning Commission -2- November 3, 1998 Agenda i fFm 5 REPORTS ITEM 6 DIRECTOR'S REPORT POSTED THIS 30th DAY OF OCTOBER, 1"—8,XI' 4:00 P.M. Donna Brown Individuaf Posting Notice !f ym jAn to attentf hs}xbtic meeting and pu Km e a ds iy that*Wires dial arrwigements at'he meeting,pk-as 3 xmtact ow oft+ce at 181�&W1623.ReawnabLe BCC:fmmodMons M be mack u assist}cur roads. PLANNING AND ZONING COMMISSION NOVEMBER 3, 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. Four members of the Planning and Zoning Commission were in attendance. 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 there were four members of the Planning and Zoning Commission present and that Commissioners Bright, McMillon and Owens were absent. MEMBERS AND STAFF PRESENT MEMBERS ABSENT Chairman Ron Young Billy Owens Joy Shuler Nancy Bright Keith Eggers Robert McMillon George Zahn Paul Kruckemeyer, City Engineer Carol Griffith, City Planner Donna Brown, Office Technician Dolores Tijerina, Development Secretary VISITORS PRESENT Edward Eckart Eric Stuyvesant Brenda Nuff Cindy Pitts Fred Phillips Sepehr Parnian PLEDGE OF ALLEGIANCE AND INVOCATION; The Pledge of Allegiance was led by Commissioner Shuler and the Invocation was given by Chairman Young. APPROVAL OF MINUTES Commissioner Shuler moved to approve the minutes of the Planning and Zoning Commission meeting of October 8, 1998, with the correction of a typo "she" to "he" on page 11. Commissioner Eggers seconded the motion. PLANNING AND"ZONING("ONINU SS 101 PAGE A'S:k�t?'F'$' t7f'�UVI;ivlr3r:'R�, 1908 The vote was as follows: Ayes: Chairman Young, Commissioners Zahn, Shuler, Eggers Nays: None Absent: Commissioners Owens, Bright, McMillon The motion carried. REGULAR AGENDA ITEM 7 CONSIDERATION — LAND PLAN - #98-13-LR — ST. MICHAEL'S SUBDIVISION Consider the request of Sepehr Parnian, PCC Consulting Engineers, Inc. for a land plan of 9.358 acres located in the John Groves Survey; Abstract 599, Tracts 1C2, 1D1, 1E1A, 1F, 1F3 which is located at the northwest and northeast corners of Hospital Parkway and West Euless Boulevard. The proposed land use is for office, warehouse, and retail. Carol Griffith, City Planner, gave a brief description of the case. She stated the Development Review Committee (DRC) recommended approval. Sepehr Parnian, 1120 Empire Central Place Suite 308, Dallas, Texas, thanked the staff for their outstanding help. He stated 10 lots will be platted on the Northwest corner and one lot on the Northeast corner of Hospital Parkway and West Euless Boulevard. He stated the land would be developed with diversified uses. Commissioner Eggers asked Mr. Parnian to clarify if there were going to be 10 or 9 lots developed. Mr, Parnian answered there would be 9 lots on the Northwest corner and 1 lot on the Northeast corner of Hospital Parkway and West Euless Boulevard. Commissioner Young asked if there were any prospects for developing this land immediately. Mr. Parnian answered that once this Land Plan was approved, one lot may have immediate action. Commissioner Zahn asked the staff if screening was necessary for a Land Plan. Carol Griffith answered that Texas 10 zoning requires screening for each individual property as the Site Plans are none and also depending on the kind of use for each lot. Commissioner Eggers made the motion to approve Land Plan #98-13-LP. Commissioner Shuler seconded the motion. PLANNING AND ZOINUN G(OMISSION' PAGE 5 :b INUrES 01--NOVEMBEk 1998 The vote was as follows: Ayes: Chairman Young, Commissioners Zahn, Shiner, Eggers Nays: None Absent: Commissioners Bright, McMillon, Owens The motion carried. ITEM 2 CONSIDERATION — FINAL PLAT - #98-11-EP ® PARK HOLLOW ADDITION Consider the request of Fred Phillips, The Ryland Group; Inc. for a Final Plat of Park Hollow Addition, Block A, Lots 1-31. Block B, Lots 1-24, Block C; Lots 1-13, Block D, Lots 1-7, Block E, Lots 1-8 being 23.034 acres; located to the west of American Boulevard and north of South Pipeline Road. Carol Griffith, City Planner, gave a brief description of the case. Ms. Griffith explained this was a ministerial function and that DRC recommended approval. She stated staff listed three conditions in a letter sent to the Commissioners, one of which involved resetting a control monument, and another one which was removal of an incorrect bearing and distance. Ms. Griffith stated these two conditions had been done, and that a newly corrected plat had just been turned in. Ms. Griffith stated staff was waiting for the filing of the Right-of-Way Vacation to meet the first condition, Commissioner Zahn asked when the 30 days begin to run on approval of a plat. Ms. Griffith answered it begins when the Development Department receives from the City Engineer a letter stating that either a development agreement has been signed or that construction of public improvements has been completed and all of the application materials are all ready. Commissioner Zahn stated that out of the three items it seemed two had been solved and if one item was not being solved, and if the 30 days were still open for two weeks, this was an item that might be tabled and looked at it again. Chairman Young asked staff when the City anticipated receiving the recording information for the vacation of the Right-of-Way, Ms. Griffith answered it goes before City Council on November 10, 1908, and could be filed shortly thereafter. Paul Kruckemeyer, City Engineer, stated the Engineering Department could probably have the information by the next meeting depending on the Court House giving the recording information but that the City could certainly take action as far as vacating the street Right-of-Way by that tilde. Chairman Young asked if the recording information was needed on the face of the plat. Mr. Kruckemeyer answered yes. Chairman Young asked if the control monument had been reset. Mr. Kruckerneyer answered that it had. Chairman Young stated that he assumed that the incorrect bearing distances had already been taken care of. Mr. Kruckemeyer said yes, and all that was needed was recording information from the vacation. Chairman Young asked staff if the Commission could possibly vote for this plat YL ANNIN"C;AND ZONING COMMISSION' PAGE 4 MINUTE'S 01:NOVEMBER.i. I048 making sure that the recording information was placed on it and subject to the Plat not being recorded until that information was actually put on it. Ms. Griffith answered that the Commission could. Edward Eckart, 60031 Bridge Street, Suite 1003, Fort Worth, Texas, with Goodwin and Marshall Engineering, representing The Ryland Group, stated the bearing distance had been corrected, and that their surveyors had talked with Donald Dacus, City of Euless Project Engineer, and it appeared that they were looking at a different monument or reference bearing than the City was. He stated that they had reset the other monument over the weekend. Their understanding was that they had fled the application for the vacation of the Right-of-Way, but it had to go to City Council for approval. He stated they had filed that application and that his understanding was that it is on the next agenda, but that they had left a blank space on the mylars to fill in with ink the fling data; this could be done either by there or the City. Commissioner Zahn stated he had another question concerning the entry way. Mr. Eckert introduced Mr. Fred Phillips, of The Ryland Group, 12200 Ford Road. Suite 400, Dallas, Texas, to explain the entrance. Mr. Phillips stated that approximately a month ago The Ryland Group submitted an entry way plan to the Plans Examiner and there were some questions about the locations of the Right of Way with Pipeline Road that Goodwin and Marshall was working on. He stated he had a meeting on the site last week with Andrea Baxter and Bo Bass, and those issues had now been resolved and the permit would be resubmitted and the entrance would proceed forward. He stated the masonry would be built out of rock which would match the walls that are seen within the neighborhood and it would all be landscaped. Commissioner Zahn stated he drove through there and noticed some forms up for the walking trail which he assumed would go through the park and across the bridge, and the lighting and all of that would go in. Commissioner Zahn asked what the status of that was. Mr. Phillips stated that the park improvements would be totally on the East side of the creek for safety considerations and that they had asked TU Electric to install additional lighting on the cul-de-sacs, and that TU had agreed to do that. Mr. Phillips stated he had spoken with Andrea Baxter last week about getting the City's approval to do that, and Mr. Jeff VOley of TU Electric would be in touch with Mr. Don Dacus. Commissioner Zahn asked if these improvements would be on the east side of the creek and nothing on the west side of the creek. Mr. Phillips answered there would be nothing on the west side. Commissioner Zahn stated he would like for the staff to review the Land Plan discussions and the motion that was passed therein, and see what that discussion was, and if that decision had been made and it was contrary to the Land Plan that was approved, he would like to have some discussion from the staff on what the remedies are, because this project was sold to the Commissioners on the park with a nice bridge and lights and everything else, and if the City was getting something less than the Commissioners were sold on, he would like the staff to say how to remedy that. He stated he did not like things coming to him one way and being built another way, that he likes to know what the status is. Commissioner Zahn asked the staff if they could do that. Ms. Griffith answered yes and that she would get with Mr. Bo Bass, Director of Planning and Development. Commissioner Zahn stated there was nothing he could do about this, but that he has a problem with getting something less than the PI.A�NI'+:G ANr)ZON'[NG C'ONUMISS)ON PAG-L 5 M[NUIES O."NOVEMBER 3. iR98 sornething less than the Commissioners asked for and what they approved, and if in fact the minutes of the Land Plan discussion called for that, the Commissioners needed to re- look at that and he would ask the City staff to use whatever means they had to get clarification on what they were supposed to get out there. lolls. Griffith stated staff would look into it. Commissioner Shuler asked what improvements world be on the east side of the creek. Mf. Phillips answered that the trail system would run along the east side of the creek and it would be fenced from the creek channel with rod iron fencing for safety purposes. He said that once homeowners are in there some benches would be installed and TU Electric would install additional lights. He stated he had spoken with Captain Joey Zieniian of the Police Department who had agreed to walk the area after those improvements were built, and look into what additional lighting could be added, but that he was concerned that additional lighting may create more vandalism problems. Commissioner Shuler asked if the park would consist mainly of a trail with a fence and maybe some benches along the trail. Mr. Phillips answered that the original park concept was always the trail system; Police and Fire were concerned about getting heavy vehicles in there, but there were not provisions other than a pedestrian bridge. He stated that ultimately it came down to a liability issue and that they did not feel they could keep it secure. He stated Mr. Bass gave him the impression that the revision was discussed at several DRC meetings and Mr. Bass had gone through this issue at a previous Planning and Zoning meeting. Commissioner Shiner asked if the brush would be kept cleaned out of the west side of the creek. Mr. Phillips answered they would keep that portion mowed if they were required. Commissioner Zahn asked if it was appropriate to look at an amended Land Plan with all these changes, because everything that was being discussed there had not been discussed with the Commission and it was not what was approved it) the Land Plan. He said that if in fact a Land Plan has meaning and it is a binding document with the City of Euless, then any changes to that document need to came back to this body or at least need to be discussed with them. If that is not the case then, he continued it would be his recommendation that this body never see another Land Plan, because what you are describing and what we saw with the pretty pictures and all of the discussions and the Fire Marshal talking about the ambulance crossing the bridge and these things, that was what we approved; and that was what we were of the opinion we were going to get, and if we are not going to yet that, we either need to file an amended Land Plan or we need to see what is going to go out there because I am concerned with the latitude of staff that can make decisions to eliminate a major part to that project out there. Ms. Griffith answered they would look at exactly what was approved. Mr. Eckart stated they had actually resubmitted a Land Plan to Mr. Bass with regards to the changes about two months ago, and he had informed there that because it was a private park the changes that were made would not need to go back through the Commission. He said they actually resubmitted an application, and a fee, and were planning on going through this entire process again prior to doing the Final Plat, but lllllr. Bass informed them it was not necessary because it was a private park, therefore the City did not have the authority to regulate what we actually built. He stated that he understood PLANNING AND ZON"ING COMMISSION PAGE' 5 MiNE ITS OF NOVI-MB Iz #999 that a year ago the Planning and Zoning Commission looked at a different set of plans, a different Land Plan than what is built out there. He said he met with the City on several occasions to discuss the issues of liability and safety, and it was a recommendation part of the staff, including the Fire Marshal and Police that they did not feel comfortable with the safety on the opposite side of the creek. Commissioner Zahn stated he understood what Mr. Eckart said but from what he understood this body is the one that approves Land Plans, and if another one has been submitted and Mr. Bass has taken it under his wings and said the Commissioners do not need to see it, then as far as he was concerned the original Land Plan that was approved by this body is the one that he would like to see us go by, and until we see something ether than that; Mr. Bass may think that his authority is broad enough to think that he can approve Land Plans without us; and if that is the case, then we will challenge that with hire, but when we go down there after receiving this and we look and it is not there, then his only response is to question why we are not getting what we approved. Mr. Eckart stated he submitted the Land Plan with the idea that the Commission would have to see and vote on another Land Plan, and when he talked to Mr, Bass, lie said we did not need to resubmit. Commissioner Zahn made the motion to approve Final Plat #98-11-FP as presented, with the condition that it would not be recorded until the regarding information of Right-cif-Way Vacation had been obtained and placed on the plat Commissioner Eggers seconded the motion, The vote was as follows: Ayes: Chairman Young, Commissioners Zahn, Shiner, Eggers Nays: None Absent: Commissioner Owens, Bright, McMillan The motion carried. ITEM 3 PUBLIC HEARING - #98-07-UDC ® PRIVATE WATER WELLS AND WELL HEAD PROTECTION ZONE Public input regarding a request by the City of Euless to amend Chapter 84 "Unified Development Code" to replace Section 84.182 "Wellhead Protection Zone" with Section 84-182 "Private Water Wells and Wellhead Protection Zone": Providing a severability clause; providing a savings clause, providing a penalty for violation and providing an effective date. Carol Griffith, City Planner, gave a description of the case. Chairman Young explained the rules for Public Hearing and then proceeded to open the Public Hearing. Ms. Griffith, 201 N. Ector Dr., Euless, Texas, representing the City of Euless as applicant explained why this ordinance was created. Ms. Griffith stated that the City staff realized after an inquiry from a company doing some work in the city that the City does not have a private well ordinance. The Texas Natural Resources Conservation Commission sees this as important, and staff decided that it was a good idea in order to prevent the contamination of the aquifer from which we draw some water into our public wells. Basically this ordinance makes it unlawful to drill a private water well in the City without obtaining a building permit. It causes private water wells to be used for irrigation purposes only; and says you cannot connect to the City supply of water and the private water well for your irrigation, you have to pick one or the other. It has a Couple of state law provisions in it: 1 private water wells will have to have an approved double check valve assembly, which is a State law already, and 2; if water wells are abandoned they have to go by the State law requirements for abandonment. It states that the maximum depth that will be permitted for a private well will be 300 feet, and it has some spacing requirements for wellhead protection zone purposes. Fuel tanks and hazardous materials as defined by the Environmental Protection .Agency (EPA) cannot be located within 1,400 feet of any water well, and no private water well can be located within 1,400 feet of any fuel storage tank or hazardous materials. In addition, in order to further protect our public water supply. private water wells cannot be located within 1,000 feet of any public water well; this is so that fertilizer or such from an irrigation system cannot drain into the public water system, and also to prevent people from tapping into the public water system to water their yard for free. Chairman Young closed the Public Hearing. ITEM 4 RECOMMENDATION - #99-07-UDC - PRIVATE WATER WELLS AND WELL HEAD PROTECTION ZONE Recommendation regarding a request by the City of Euless to amend Chapter 84 "Unified Development Code" to replace Section 84-182 "Wellhead Protection Zone" with Section 84-182 "Private Water Wells and Wellhead Protection Zone": Providing a severability clause; providing a savings clause; providing a penalty for violation and providing an effective date. Commissioner Eggers asked how the existing wells would be handled tinder this new ordinance. Ms. Griffith answered if they exist, they will be grandfathered. Commissioner Eggers asked what if there is an existing well that for some reason or another ceases being used. Ms. Griffith stated that if it is abandoned, State law requires that it be abandoned officially by the rules of the TNRCC. Commissioner Eggers asked what the fee would be for a new well. tills. Griffith answered that it had not been determined yet. Commissioner Shiner asked how the 300 feet was arrived at, and whether there is water available within 300 feet ender our City. Ms. Griffith answered that it is known Pi.A, °'aING AND 70NING C'U' MISS)ON, PAGE t rES OF NO'UNIBE',R 3; :998 that you can draw safe water from a distance of 100 feet down, but the City wanted to give people some leeway in case they did not have water at 100 feet, so they can go down to 800 feet, but that puts them nowhere near our- aquifer which is from 1,000 to 1,500 feet. Chairman Young stated that Commissioner Eggers mentioned in pre-session about a survey to determine where wells were within the City. Ms, Griffith answered she was not personally familiar with that survey; and that she was not sure if other staff members who had been with the City longer knew about it. Commissioner ,Zahn stated he was not in favor of this ordinance; he stated that is an invasion in his opinion of the rights of the public, and that he did not know why when a developer comes in, the City finds something that has to be amended in the UDC. Chairman Young stated the Commissioners did not know if there was a problem, just that someone carte in and asked if the City had an ordinance. Ms, Griffith stated that it was then that staff decided it Would be good to have one. Chairman Young asked why it was a good idea to have one. Ms. Griffith answered that the staff determined that this ordinance will protect our aquifer from contamination. Commissioner Shuler asked why the ordinance had to be so limited, and could the well water not be used for outside use; for instance filling a swimming pool, or washing a car. Ms. Griffith answered she could only assume that was based on economics of the City. Paul Kruckemeyer, City Engineer stated there could be some health issues as far as using it for swimming pools. Chairman Young asked how requests for wells were handled now. Mr. Kruckerneyer replied that it is handled like a building permit. Commissioner Shuler asked how many requests there have been; and Dolores Tijerina, Development Secretary, replied that there had been two irrigation well requests that she could remember in the past four years. Commissioner Eggers stated that one of the problems he had was that the Commission did not know what the cost of the permit would be, and said that should have been part of the ordinance. Commissioner Eggers stated he agreed somewhat with Commissioner Zahn, that it seemed to him a waste. Commissioner ,Zahn made the motion to deny case ##98-07-UDC Private Water Wells and Wellhead Protection Zone, Commissioner Eggers seconded the motion. The vote was as follows: PLAN ETA;C;AN)ZQ.Nfl 6 CONIN1t5SiON1. 3 AGU',, q ]1W-J.`1TS OY, Nt?4'€'NIR-;A 3. 1998 Ayes: Chairman Young, Commissioners Zahn, Shuler, Eggers Nays: None Absent: Commissioner Owens, Bright, McMillon The motion carried for denial. ITEM 5 REPORTS There were no reports. ITEM 6 DIRECTOR'S REPORT There was no Director's Report. ADJOURNMENT: There being no further business, Chairman Young adjourned the meeting at 7:40 p.m. s ..... -------- Chairman Ro.n6lo,, oung Date Xs