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HomeMy WebLinkAbout2012-07-17 PLANNING AND ZONING July 17, 2012 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Chairman Richard McNeese at 6:30 p.m. for consideration of scheduled items in the Council Chambers in City Hall of the Municipal Complex. Chairman Richard McNeese stated there was a quorum of members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT: Chairman Richard McNeese None Vice Chairman Troy Mennis Commissioner David Brown Commissioner George Zahn Commissioner Monty Huffman Commissioner LuAnn Portugal Commissioner Jeremy Tompkins Mike Collins, Director of Planning and Economic Development Ron Young, Director of Public Works Paul Smith, Division Chief/Fire Marshal Stephen Cook, Senior Planner ..� VISITORS: Mike Pizzelanti Cynthia Schmidt Miya Schmidt Priscilla Cowley Tommy Long S. Fern Romine Ali Al-Nahi Hussain Al-Nahi THE INVOCATION AND THE PLEDGE OF ALLEGIANCE: The Invocation was given by Commissioner Luann Portugal and the Pledge of Allegiance was given by Commissioner Monty Huffman. ITEM 1 CONSIDER APPROVAL OF PLANNING AND ZONING MINUTES Regular Meeting of June 19, 2012. Commissioner Portugal made a motion to approve the minutes for called meeting of June 19, 2012. Commissioner Tompkins seconded the motion. The vote was as follows. Ayes: Chairman McNeese, Commissioners Brown, Huffman, Portugal, and Tompkins. Page 1 of 10 Planning and Zoning Meeting Minutes July 17, 2012 Nays: None Abstention: Vice Chairman Mennis and Commissioner Zahn The motion carried (5-0-2) ITEM 2 HOLD PUBLIC HEARING FOR SPECIFIC USE PERMIT CASE NO. 12- 08-SUP AND CONSIDER RECOMMEDATION FOR AN ORDINANCE. Receive public input regarding the request for a Specific Use Permit for Pet Crematory in Texas Highway 10 Multi-Use District (TX-10) zoning in the Kitty House Survey, Abstract No. 678, Tract 1B3, at 2215 W. Pipeline Road and consider recommendation for an Ordinance. Chairman McNeese opened the public hearing. Stephen Cook, Senior Planner, gave a brief description of the case. Mike Pizzaelanti received SUP approval in August 2006 to begin operating a pet crematorium known as All Paws Go to Heaven. The applicant intends to purchase the business from Mr. Pizzalanti, change the business name, and operate the crematorium under the same conditions that have existed since the original SUP was approved. The change in ownership and business name triggers consideration of a new SUP. The site conditions of the use including all relevant permitting from the Texas Commission on Environmental Quality (TCEQ) will be required. The Development Services Group has determined that the application is in substantial compliance will technical requirements and recommends approval with the following conditions: 1) Tied to the CFO of the business, Mr. Mike Fuss and that the business will be required to inform the City of Euless by letter of any subsequent change in personnel at this position; and, 2) Tied to the business name, Pet Angels World Services; and, 3) All activities shall be confined to the interior of the structure; and, 4) No specimens allowed to be on the premises longer than twenty-four (24) hours; and, 5) All animals awaiting cremation to be held in freezers; and, 6) An emergency secondary power source be provided; and, 7) No direct drop off of specimens; and, 8) The business owner shall report any violations or enforcement actions taken by any state or federal agencies regarding the operation of the business. Mr. Mike Pizzelanti 2215 W Euless Boulevard, Euless Texas, owner of All Paws Go to Heaven stated that he has been a business owner in Euless for eleven years and is Page 2 of 10 Planning and Zoning Meeting Minutes July 17, 2012 excited about the prospect of selling the business to this company. The company employees nine people in the city. He will retain ownership of the property. There were no speakers as proponents or opponents to the item. Chairman McNeese closed the public hearing. Commissoner Tompkins complemented Mr. Pizzelanti about the condition of his building. Chairman McNeese asked staff if during the eleven years there have been any code issues environmental complaints against the business. Stephen Cook replied that there have not been any formal code compliance issues with the business and that the records online with the Texas Commission on Environmental Quality show that there have not been any complaints with them during the past five years for which data was available. Commissioner Huffman made a motion to recommend approval of Case #12-08-SUP with the conditions as stated. Vice Chairman Mennis seconded the motion. The vote was as follows. Ayes: Chairman McNeese, Vice Chairman Mennis, Commissioners Zahn, Brown, Huffman, Tompkins, and Portugal. Nays: None Abstention: None The motion carried (7-0-0) ITEM 3 HOLD PUBLIC HEARING FOR SPECIFIC USE PERMIT CASE NO. 12- 09-SUP, AND CONSIDER RECOMMENDATION FOR AN ORDINANCE. Receive public input regarding the request for a Specific Use Permit for Automotive Service in Texas Highway 10 Multi-Use District (TX-10) zoning in the St Michael's Subdivision, Block A, Lot 6, at 2740 W Euless Boulevard and consider recommendation for an Ordinance. Chairman McNeese opened the public hearing. Stephen Cook, Senior Planner, gave a brief description of the case. OMNI Page 3 of 10 Planning and Zoning Meeting Minutes July 17, 2012 Mr. Al-Nahi has purchased the property at 2740 W Euless Blvd which was originally developed and issued a Specific Use Permit in October 2008 for Express Lube. Mr. Al- "" Nahi intends to reopen the business which shuttered several months previously. Mr. Al-Nahi intends to offer auto services including auto mechanical repair, tire changing and lube services. The applicant intends to modify the exterior colors of the building by retaining the predominately gray color and changing the blue banding on the bottom and top of the building to a brick-red color scheme. New signage on the building will be permitted through a separate sign permit. The applicant intends to also paint the existing masonry wall along the north side of the property an earth tone color to match the masonry wall installed by the neighboring business to give the screening wall a more uniform look. The Development Services Group has reviewed the application and finds that the application is in accordance with the standards set forth with the Euless Unified Development Code. Staff recommends approval of the Specific Use Permit with the following conditions: a. Tied to the business owner, Mr. Hussain Al-Nahi; and, b. Tied to the business name, Express Lube; and, c. All work on vehicles will be required to be made inside of the structure; and, d. No outdoor storage of merchandise or display of vehicles will be permitted. There were no speakers as proponents or opponents to the item. Chairman McNeese closed the public hearing. Commissioner Portugal stated that the City has pride in the Highway 10 corridor and would hope the applicant would find ways above the minimum requirements to improve the site. Commissioner Zahn made a motion to recommend approval of the Case #12-09-SUP with the conditions as stated. Commissioner Topkins seconded the motion. The vote was as follows. Ayes: Chairman McNeese, Vice Chaiman Mennis, Commissioners Zahn, Brown, Huffman, Tompkins, and Portugal. Nays: None Abstention: None The motion carried (7-0-0) Page 4 of 10 Planning and Zoning Meeting Minutes July 17, 2012 ITEM 4 HOLD PUBLIC HEARING FOR PLANNED DEVELOPMENT CASE NO. 12-03-PD AND CONSIDER RECOMMENDATION OF AN ORDINANCE. Receive public input regarding a request for a Planned Development to change the zoning of property situated in the Andrew J. Huitt Survey, Abstract No. 709, being a portion of Commercial Tract A, Block 1, Oak Crest Estates Addition from Texas Highway 10 Multi-Use District (TX-10) zoning to Planned Development (PD) zoning and consider recommendation of an Ordinance. Chairman McNeese opened the public hearing. Mike Collins, Director of Planning and Economic Development, gave a brief description of the case. The applicant, Churchill Residential is requesting approval of a planned development zoning district at the above location in order to construct and develop a senior housing multi-family residential dwellings. Churchill Residential owns and maintains fifteen senior housing residential facilities within the northern region of Texas, most of which are located within the Dallas/Fort Worth area. The company is seeking a zoning change to a Planned Development which would be based on the TX-10 zoning district, but allow a Senior Multi-Family Housing to be constructed. The approval of the ordinance would allow the development company to have entitlement to the land use on which federal ... housing funding could be secured. A more specific site plan would then be brought forward to the Planning and Zoning Commission and City Council for approval to begin construction. The project would be typical of similar developments by the applicant. Consisting of age-restricted apartments (55 years and older), the developer is intending to construct a maximum four story structure which would contain one hundred and seventy units. Parking would be developed with a mixture of garages, carports, and surface parking as well as restricted access to the residential parking areas. The typical age of a resident is greater than 70 years of age. In order to ensure quality development the City staff has worked with the developer to draft an ordinance which has development standards which reflect the values and intent of the unified development code if the project was developed under a straight zoning district. The following development standards would be established: • Age restriction to individual residents of 55 years or older. • Setbacks to public right of way would be set at thirty (30) feet and rear/side yards potentially abutting single family residential to the south would be set at eighty (80) feet. Page 5 of 10 Planning and Zoning Meeting Minutes July 17, 2012 • Height would be restricted to fifty-eight feet or four stories. • Façade materials would be set at 90% masonry materials which is the same as other multi-family development in the City. • Landscaping and screening would follow the Euless UDC, with the allowance that a masonry wall would be required on the southern boundary and a wrought- iron style steel or aluminum fence with masonry columns would be allowed on the west and north boundaries of the property. Section 84-140(7)(b) of the Euless UDC allows a development schedule to be associated with a zoning change to a Planned Development. The proposed ordinance would require construction activity to begin on the project within two-hundred seventy (270) days (9 months) from the approval of the ordinance. After which, if construction has not occurred, the City Council could reconsider the zoning change to remove the ability of the construction of the Senior Multi-family Housing and revert the zoning to the straight TX-10 zoning district. If approved, the ordinance provides the developer the entitlement to construct their project governed under the City's typical development process. A preliminary plat, site plan, utility construction plans, final plat and building plans will be required to be submitted, reviewed and approved by the appropriate appointed commission, board, or administrative official. An investment of new senior-specific housing in Euless is an opportunity for the market to satisfy a growing demand of retirement living within the City. Retirement no longer resembles the model of selling a home and moving to the desert or tropical location. Many retirees wish to remain active in their community, church and social organizations. The location on SH 10 is an appropriate long-range use of the property. The Development Services Group has reviewed the application and finds that it meets the intent of the City of Euless Unified Development Code. Staff recommends approval of the Planned Development Ordinance. Tony Sisk, representing Churchill Residential 5605 N MacArthur Boulevard, Irving, Texas gave a presentation. Churchill Residential operates approximately 2,200 residential units. Eleven of the properties that Churchill Residential operates are called Evergreen. All of the communities are secured gated communities with parking for visitors. All properties are built with internal corridors and doors to make it senior friendly. The average age of the residents is approximately 75 years of age. Churchill Residential properties are currently operating at 98% occupancy. Churchill Residential's business plan includes private investment and that the company never sells its' properties. Churchill Residential builds and then operates the facility. Page 6 of 10 Planning and Zoning Meeting Minutes July 17, 2012 The facilities will include a pool and potentially green features such as solar panels and zip walls in the construction process that reduces sound levels in the units. The company always places long term (40 years) deed restrictions on their properties to ensure that they remain age restricted to seniors. The contracts for leases also state that no children are allowed to live within the facility. Churchill Residential provides transportation and recreational activities for the residents. Kimley-Horn, the engineering group responsible for assisting in the design of the facility has shown through traffic studies that these facilities generate 10% of the traffic that a commercial use would generate. Churchill Residential is a quality builder and a local hands-on developer. The company does not sell our properties. Ms. S. Fern Romine, 400 E Alexander, Euless spoke. The property is across the street from her property. She stated that she has been a resident since 1963. She stated that she felt that a four-story building located behind the residences on the north side of E. Alexander would be an invasion of their privacy. She questioned if any other of the Churchill properties were located adjacent to single-family residential. She asked if the project could be limited to two stories. She stated concerns about the ingress to the property from either SH 10 or from Dickey Drive. She stated that the images of the project shown were pretty structures. Mr. Tommy Long, 402 E Alexander, Euless spoke. Mr. Long stated a concern about the nature of a four story structure. He said that he wished that the project was a two story. He stated that he had some concerns about the entrances and exits to the property. He questioned if the property would ever be connected by a walking path to the park. He expressed concern about the drainage of the property and asked if a study had been done. He has a concern about noise from a four story building. He was concerned that the notices for the public hearing were only sent out to property owners within 200 feet of the project and did not believe that adequate notices were sent out. Ms. Priscilla Cowley, 404 E Alexander, Euless spoke. She stated that she has concerns about the project and that there needs to be some specific data such as a traffic impact study created. The traffic at the intersection of Dickey Drive and SH 10 is difficult in the morning and causes several accidents. She asked why this site was chosen as the location of the project. She asked what the benefit to local residents was by locating the project on the corner. She asked what would the future of the facility after the initial fifteen years of investment by the company. She presented a question as to what would be the legal stipulations put into place to ensure that other potential uses could not go into the facility if it were sold. She stated that residents on E. Alexander are familiar with the Emerald Gardens structure on E. Alexander and the challenges and devaluation of their property that building presents to the neighborhood. She asked what kind of contributions to the rest of the Oak Crest neighborhood will the developer provide to Page 7 of 10 Planning and Zoning Meeting Minutes July 17, 2012 make the neighborhood quieter or provide walking trails. She asked if there were any other locations in the City where this project could be located. She expressed concern about an increase of 911 calls to the area generating noise and extra demand on the emergency service delivery in the City. Ms. Cynthia Schmidt, 506 E Alexander, Euless spoke. She expressed that she would like to see the removal of Emerald Gardens and had concerns that the (proposed Evergreen) project would specifically impact her property. Stephen Cook, Senior Planner stated that the project would be on previously undeveloped property and would not require the acquisition of additional properties along E. Alexander Lane. Ms. Priscilla Cowley asked a further question if there were plans to purchase and demolish the Emerald Gardens apartments. Chairman McNeese closed the public hearing. Mr. Tony Sisk stated that there will be ingress from both SH 10 as well as Dickey Drive. The building as initially drawn on the site plan has been moved north on the site to setback the distance as far away from the single family as possible. Mr. Sisk stated that there this use is a low noise use. Garages will be developed with this property, as well as carport and open surface MEM parking. The demand for senior housing is only going to be growing as the baby boom generation begins to seek senior housing thus making projects like this in demand for some time. Mr. Sisk stated that the forty year deed restrictions on the property for senior housing will preclude changing the use. Churchill Residential has properties which are in close proximity to single family residential housing including some where the single family home values are in excess of $800,000. The project design will take the building as far north as it can away from the single family residential as well as incorporating subdued lighting. The proposed location is the only location in Euless which will adequately address the market needs for the project. Chairman McNeese stated that he had some concerns regarding the intersection of Dickey Drive to SH 10. Mr. Ron Young, Director of Public Works stated that the intersection has some traffic challenges and that the configuration of the intersection will change with the widening of Airport Freeway / North Texas Express project as the second phase begins. MUM Page 8 of 10 Planning and Zoning Meeting Minutes July 17, 2012 Mr. Mike Collins addressed the issue regarding 911 calls stating that City services have been designed for the growth in demand and that this location is ideal for a short response time due to its proximity to the City's Fire Station No. 3 located on S. Main Street. Mr. Sisk stated that while the general senior population has a higher demand on emergency services, the residents in this facility are independent living. He stated that this location is appropriate due to the number of seniors living in this community and the Airport Freeway corridor. Mr. Young stated that for any project like this, the drainage will be designed by an engineer and reviewed in the development process. Mr. Collins stated that the setbacks associated with the ordinance require eighty feet from the rear property lines of project abutting to the properties along E. Alexander Drive. With the one hundred twenty five foot depth of the lots along E. Alexander Drive and the forty to fifty foot further depth of the Emerald Gardens results in the new development to be located approximately 200 to 230 feet from the E. Alexander right-of- way. As a different perspective, if the property were to be developed with two-story single-family homes and fifteen foot rear setbacks, there could be homes 35 feet in height separated by thirty feet. Mr. Collins stated that there has been very little interest in commercially developing this corner and this project is the furthest along in the development process. He stated that the potential southern boundary of the project could influence the redevelopment of further single family development along E. Alexander drive to the intersection with Dickey Drive. He stated that the City has investigated the project developer's other projects in the area including at multiple times of the day and at multiple sites. He stated that through this investigation, the City concluded that the project is a quality development. He stated that the project will have a positive effect on the revitalization of the area. Mr. Collins stated that the apartment inspections program adopted by the City Council is having positive effects on multi-family developments in the city, and will have an impact on the Emerald Gardens property. Emerald Gardens is a Tier 3 property and is inspected at least four times annually. Over the course of approximately eighteen months, if a Tier 3 property is not brought up to minimum standards, the Certificate of Occupancy for the property may be revoked. Mr. Collins stated that state law establishes the notification requirements for zoning cases at two hundred feet. The City is following the required state law. Commissioner Portugal stated that she felt comfortable with the forty year deed restriction controlling the type of use on the property. Page 9 of 10 Planning and Zoning Meeting Minutes July 17, 2012 Mr. Collins further clarified that the ordinance proposed would be an amendment to the existing district. Other types of uses which would not be allowed by the Texas 10 district or by the proposed planned development, then a rezoning would have to occur. Chairman McNeese stated that the property has not been developed for quite some time and that this was an opportunity to gain a quality development. Commissioner Zahn made a motion to recommend approval of the Specific Use Permit with the conditions as stated. Commissioner Tompkins seconded the motion. The vote was as follows. Ayes: Chairman McNeese, Vice Chairman Mennis, Commissioners Zahn, Brown, Tompkins, and Portugal. Nays: Commissioner Huffman. Abstention: None The motion carried (6-1-0) There being no further business the meeting was adjourned at 7:44 p.m. Ch irman Neese Date Page 10 of 10