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HomeMy WebLinkAbout2020-07-21 CITY OF EULESS PLANNING AND ZONING COMMISSION JULY 21, 2020 MINUTES A regular meeting of the Planning and Zoning Commission was called to order by Chairman Richard McNeese at 6:00 p.m. on July 21, 2020 in the in the Pre-Council Room of City Hall, 201 North Ector Drive. Those present included Chairman Richard McNeese, Vice Chairman LuAnn Portugal, and Commission Members: Curtis Brown, Ronald Dunckel, Steve Ellis, Eric Owens, and Warren Wilson. During the Pre-Session Meeting: ➢ Senior Planner Stephen Cook reviewed the regular agenda. PLANNING AND ZONING CONSIDERATION OF SCHEDULED ITEMS — COUNCIL CHAMBERS The Euless Planning and Zoning Commission continued their meeting in the Council Chambers at 6:30 p.m. for consideration of scheduled items. STAFF PRESENT: Stephen Cook, Senior Planner Don Sheffield, Building Official Jeanne Flores, Administrative Secretary Drew Washington, Fire Inspector I Scott Joyce, Information Services Director David Allen, GIS Manager James Donovan, City Attorney— via video conference VISITORS PRESENT: Frank Tomassi Tuy Nguyen Randy Lee Deamma Eckh Kathy Cordes Paul Cordes Eric Miles Linda Brehm Gary Waldron Scott K. Valarie Hilt Lolcelani Shim Delores Hellman Kalie Simmons Chelle Bish Grant Nichols Andrew Blair Robin Willis Ric Grant Ron Yamamoto Joyce Yamamoto Anthony Barber Robert Duppstadt Nicole Radford Robin Crowley VISITORS VIA VIDEO CONFERENCE: None INVOCATION Chairman Dunckel gave the invocation. Page 1 of 9 Planning and Zoning Commission Minutes Page 2 of 9 July 21, 2020 THE PLEDGE OF ALLEGIANCE Commissioner Ellis led the pledge of allegiance. ITEM 1. APPROVED PLANNING AND ZONING MINUTES Vice Chairman Portugal made a motion to approve the minutes for the regular meeting of June 16, 2020. Commissioner Owens seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Portugal and Commission Members: Brown, Dunckel, Ellis, Owens and Wilson. Nays: None Abstention: None Chairman McNeese declared the motion carried. (7-0-0) ITEM 2. HELD A PUBLIC HEARING FOR REPLAT CASE NO.20-07-RP Chairman McNeese opened the public hearing at 6:34 p.m. Senior Planner Stephen Cook gave a brief description of the case. The applicant proposes to replat the above described property by subdividing the lot into four (4) lots for individual single-family residences. The zoning district requires lots to be a minimum of 7,500 square feet in area. All four of the lots are slightly greater than 20,000 square feet. Each of the lots will be developed as a single-family residential lot with individual addressing. No zoning change is taking place with this subdivision. The lots are compliant with the R-1 zoning district. The process of conducting a Public Hearing as part of the Planning and Zoning Commission's consideration of the replat is required by State law. Our ordinance states that if 20% of the parcels within the 200' notification area and are in the original subdivision provide written protest then the Planning and Zoning Commission will require a 3/ affirmative vote to approve the plat. The quirk and inconsistency with the requirement to allow public comment is that no amount of opposition can be the basis for denial of the plat. The only basis for denial would be if the plat did not meet all technical requirements related to the subdivision of the land under the Single Family Detached Dwelling (R-1) district development standards. The Development Services Group (DSG) had reviewed and certified that the application met all of the information required, however, after further review from the City Attorney, the plat did not meet all technical requirements. Therefore, the staff recommended denial of the plat. Mr. John Donovan, City Attorney, spoke to the Commission about the reasoning why the Planning and Zoning Commission Minutes Page 3 of 9 July 21, 2020 City went from approving the plat to a denial. Mr. Donavan explained that when a plat comes before the Planning and Zoning Commission, it is their responsibility to either approve or deny based on the regulations set by the State and the City. If all of the regulations or boxes are checked, then the Commission is obligated to accept the plat. If all of the boxes are not checked, then the Commission is obligated to deny the plat. This obligation is what the State and the City have set as the duty of the Planning and Zoning Commission. After a further review of this case by the City Attorney, a determination was made that it did not meet all the regulations set by the State and the City. Therefore, the case must be denied by the Commission. However, if the applicant was to come back to the Commission with all the regulations met, then the Commission would be duty bound to approve the plat. Chairman McNeese asked if the applicant was present. Mr. Tuy Nguyen, the applicant, came forward to speak about his case. He informed the Commission that he would like to split up the property into four equal lots so that he may build homes for his three daughters and their families, with the fourth for his wife and himself. Mr. Nguyen presented his case stating that he had gone through all the proper procedures set by the City. He was given approval and is now being denied. He urged the Planning and Zoning Commission to reconsider their denial of his case. Mr. Stephen Cook responded that after the City Attorney reviewed the plat it was determined that the original setback lines are a restriction of the original plat. These setback restrictions changed the plat from meeting to not meeting all requirements set by the State and the City. Therefore, the Commission must deny the replatting of the lot. He agreed that Mr. Nguyen was given the approvals, however, when the City does its due diligence the approvals can be overturned to comply with state and local regulations. Mr. Nguyen again asked the Commission to reconsider the denial. He said that following the 100 foot and 50 foot setbacks would force him to make smaller lots. Chairman McNeese asked to hear from any proponents/opponents who wish to speak. Mr. Eric Miles, resident of 107 Oak Lane, spoke against the case. He expressed his fear that by allowing the lot to be divided, the approval would set a precedent that would allow others to follow suit and would erode this unique neighborhood. He also wanted to propose that the Planning and Zoning Commission be given more flexibility in allowing or denying plats. As things stand now, the Commission is only allowed to deny or approve the plat and not take into consideration the heritage and preservation of the community or neighborhood. Mr. Donovan agreed with Mr. Miles that amendments need to be made in the roles that the Planning and Zoning Commission has. However, at this point the items that Mr. Miles is requesting the Commission to review cannot happen. State law requires the Planning and Zoning Commission to either approve or deny according to state statues. Chelle Bish, a resident of 207 Oak Lane for 20 years, did not realize the cut and dry nature Planning and Zoning Commission Minutes Page 4 of 9 July 21, 2020 of the decisionmaking concerning this case. However, she wanted to ask that the City preserve the uniqueness of the neighborhood. Her desire is that the lots keep with the 1- 2 acre requirements that was set when the neighborhood was created. Linda Breham, a resident of 102 Oak Lane, also urged the Commission to keep the uniqueness of the neighborhood. She wanted to make sure that the Commission understood that the neighbors do not want this case or future cases like this to be approved and change the integrity of Oakland Estates. Commissioner McNeese asked if anyone else wished to speak. Seeing none, Chairman McNeese closed the public hearing at 7:03 p.m. Commissioner Ellis asked Mr. Donovan what would be the proper avenue for the homeowners of the neighborhood to get ordinances to set tree preservation or lot size standards. Mr. Donovan answered that it would start with a zoning change. The zoning change could set regulations as to lot sizes and the tree preservation. The citizens of the neighborhood would need to contact their Council Member to help start the process in changing the regulations of their neighborhood. There were no further questions or comments presented by the Commission. Commissioner Ellis made a motion to deny Case No. 20-07-RP for a Replat of 1.8 acres out of property previously platted as Oakland Estates Block 2, Lot 1 into Oakland Estates Block 2, Lots 1R1, 1R2, 1R3, and 1R4. Commissioner Owens seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Portugal and Commission Members: Brown, Dunckel, Ellis, Owens and Wilson. Nays: None Abstention: None Chairman McNeese declared the motion carried. (7-0-0) ITEM 3. HELD A PUBLIC HEARING FOR SPECIFIC USE PERMIT CASE NO.20- 09-SUP AND RECOMMENDED AN ORDINANCE Chairman McNeese opened the public hearing at 7:07 p.m. Senior Planner Stephen Cook gave a brief description of the case. Mr. Tomassi is a local business owner and currently operates Claims Consulting Services at 722 W. Euless Blvd. Mr. Tomassi has recently purchased two buildings (same lot) immediately adjacent to the east at 716 W. Euless Blvd.in Euless. Massey's Pest Control is located at the northwest corner of W. Euless Blvd. and Ridgecrest Drive. He is proposing to develop Planning and Zoning Commission Minutes Page 5 of 9 July 21, 2020 716 W. Euless as a vintage vehicle restoration business called Franks Speed Shop. An automotive related service requires a Specific Use Permit in the TX-10 zoning district. The site contains two structures, with one fronting Euless Blvd., and one to the rear. A masonry wall will be constructed that connects the two buildings, providing a secure parking area for his vehicles. An emergency access gate will be installed on the east side of the building fronting Euless Blvd. A gate will also be placed on the west side allowing access between his properties. Both buildings will be renovated to provide overhead doors to allow work to be conducted on the vehicles internal to the structures. Sales of the restored vehicles will be conducted through third party auction or internet marketing. There will be no outdoor display of vehicles for sale. However, a restored car showing off the business may be placed inside the building behind a viewing glass that fronts onto Euless Blvd. The restoration work on the vehicles will not include on site painting. Access currently exists to the parking area between the two buildings from W. Euless Boulevard through the adjoining property to the east. A permanent mutual access easement will record this access to the parking area. After the SUP is considered, providing entitlement for the land use, the property will be platted. New shrubs will also be installed along the front of the building. The Development Services Group has reviewed the Specific Use Permit and recommends approval with the following conditions: a. Tied to the Property Owner, Frank Tomassi b. Tied to the Business Name, Frank's Speed Shop. c. All open storage of vehicles associated with Frank's Speed Shop will be screened from the public right of way through a masonry screening wall in accordance with the Euless Unified Development Code under Section 84-336(b)(2). d. No open storage or display of vehicles associated with Frank's Speed Shop is permitted at 722 W. Euless Boulevard. e. Any sales of vehicles will occur as an incidental use to the property and conducted through third party auction or through internet sales. f. No outdoor advertising display other than a permitted sign indicating the name of the business. g. No more than five gallons of fuel stored per vehicle (including fuel in the vehicle gas tank) and no more than thirty (30) cumulated gallons stored within this facility. h. All major mechanical or bodywork conducted shall be located within the interior of the buildings. No work shall be performed exterior to the buildings. i. Services provided include; automobile restoration, customization, body repair (without painting), engine, transmission, and electrical repair. j. The Specific Use Permit may be revoked if one or more of the conditions imposed buy this permit has not been met or has been violated. Chairman McNeese asked if the applicant wished to speak. Mr. Frank Tomassi, the applicant, was available for questions but did not wish to speak. Planning and Zoning Commission Minutes Page 6 of 9 July 21, 2020 Chairman McNeese asked to hear from any proponents/opponents who wish to speak. Seeing none, Chairman McNeese closed the public hearing at 7:13 p.m. Commissioner Wilson wished Mr. Tomassi good luck. Vise Chairman Portugal asked Mr. Tomassi if he understood all the conditions of the SUP and that if he did not follow the conditions that the city would be able to revoke the SUP. Mr. Tomassi confirmed that he had read and understood all the conditions. There were no questions or comments presented by the Commission. Commissioner Dunckel made a motion to approve Case No. 20-09-SUP for a Specific Use Permit on Andrew Huitt Survey Abstract No. 684 Tract 4A, 716 W. Euless Boulevard for a Specific Service Automotive Restoration use in the Texas Highway 10 Multi-use (TX- 10) zoning district with the conditions as presented. Vice Chairman Portugal seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Portugal and Commission Members: Brown, Dunckel, Ellis, Owens and Wilson. Nays: None Abstention: None Chairman McNeese declared the motion carried. (7-0-0) ITEM 4. HELD A PUBLIC HEARING FOR SPECIFIC USE PERMIT CASE NO.20- 10-SUP AND RECOMMENDED AN ORDINANCE Chairman McNeese opened the public hearing at 7:15 p.m. Senior Planner Stephen Cook gave a brief description of the case. This corporate owned Motel 6 Hotel was approved with a new Specific Use Permit in 2018. Renovations approved through the Specific Use Permit are complete. A new ownership group has the property under contract and intends to operate the hotel under the conditions originally contained in the 2018 Specific Use Permit. The redevelopment of this site consisted of the following elements. A building located on the eastern most side of the property was demolished as a result of right of way being purchased by TxDOT for the Airport Freeway widening. This prompted the need for construction of a new emergency access, drainage and utility easement along the frontage of the building. This improvement created a new turn-around area on the eastern portion of the site. Four new parking spaces and landscaping were added to the area where the former building stood. One parking space was removed from the Planning and Zoning Commission Minutes Page 7 of 9 July 21, 2020 eastern boundary of the property to add additional parking lot lighting. The office for the hotel originally constructed at the southwest corner of the site was relocated to the southeast corner of the site. The office square footage and room space were switched between the buildings. Two (2) rooms were removed from the east building and five (5) new rooms constructed on the west building. All of these rooms are on the first floor. An exterior makeover of the buildings included the installation of a new standing seam metal roof, new office entryway feature, new hand railings, new pool perimeter fencing, stairwell reconstruction, and repair to existing building facades and repainting. Existing rooms were all refurnished and repainted. The renovation also included construction of a new 10' screening wall between the hotel and the neighborhood to the north. Through close coordination with the Motel 6 general contractor, the demolition of the old screening wall created an opportunity for the City of Euless to complete drainage improvements for the benefit of the property owners and residents to the north. With the old wall removed, portions of each backyard were re- graded and a new concrete flume system installed to convey storm water and eliminate the standing water from each of the backyards. Staff recommends the Specific Use Permit, with the following conditions: a. The Specific Use Permit is tied to the Property Owner: E2 Hospitality, LLC; and, b. The Specific Use Permit is tied to the Business Name: Motel 6, and, c. The hotel will be inspected by the City of Euless based on applicable provisions of the City of Euless Property Maintenance Code. Information about hotel inspection standards is provided to the owner and operator, and, d. The Specific Use Permit may be revoked if one or more of the conditions imposed by this permit has not been met or has been violated. Chairman McNeese asked if the applicant wished to speak. Mr. Randy Lee, representative for G6 Hospitality, was available for questions but did not wish to speak Chairman McNeese asked to hear from any proponents/opponents who wish to speak. Ms. Robin Crowley, resident at 201 Fuller Dr, informed the Commission that her property is located directly behind the Motel 6. She and the other homeowners behind the Motel 6 feel that the management are not good neighbors. The issue that she is having is that she has no one within the City or the hotel management to get help with issues that arise on the property. She and the neighbors worked with the property management to get the privacy and retaining walls built and these improvements have helped some. However, the company has not replaced the landscaping that was removed and when there is a noise issue the management is never available to help. Ms. Crowley also asked who she could contact within the City to help when there are unresolved issues with the property management. Especially when there is a noise Planning and Zoning Commission Minutes Page 8 of 9 July 21, 2020 complaint in the middle of the night. Chairman McNeese thanked Ms. Crowley for coming forward with her concerns, and asked Mr. Stephen Cook what she could do. Mr. Cook informed Ms. Crowley that a representative of the new management company was present in the audience and urged her to talk with him. Mr. Cook also encouraged her to reach out to our Code Compliance Department and let them know her complaints. Mr. Cook also informed Ms. Crowley that he would contact James Patterson, Code Officer Lead, and Brenda Alvarado, Code Compliance Lieutenant and ask them to contact her. Chairman McNeese asked if anyone else wished to speak. Seeing none, Chairman McNeese closed the public hearing at 7:26 p.m. Commissioner Ellis asked when the new owner would take responsibility of the property. Mr. Lee stated that the new owners, would take ownership only if the SUP was approved by the city. Commissioner Wilson informed Ms. Crowley that the Euless Police Department had a great Community Officer, Officer Gordon. Officer Gordon would be the best person to start speaking with. Mr. Cook asked Ms. Crowley to give him her contact info and that he would give it to Officer Gordon. There were no questions or comments presented by the Commission. Commissioner Wilson made a motion to approve Case No. 20-10-SUP fora Specific Use Permit on Municipal Service Company of Texas Addition, Lot AR, 110 W. Airport Freeway for a Hotel in Community Business District (C-2) with the conditions as presented. Commissioner Ellis seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Portugal and Commission Members: Brown, Dunckel, Ellis, Owens and Wilson. Nays: None Abstention: None Chairman McNeese declared the motion carried. (7-0-0) ITEM 5. APPROVED FINAL PLAT CASE NO. 19-06-FP Senior Planner Stephen Cook gave a brief description of the case. The final plat will create the subdivision for single-family residential lots. There will be seventy six (76) lots for Planning and Zoning Commission Minutes Page 9 of 9 July 21, 2020 development and four (4) open space lots. The Development Services Group (DSG) has reviewed and certified the application has met all of the information required for consideration by the City of Euless. Staff recommends approval of the final plat. Vice Chairman noted that this case was a perfect example of an incredible collaboration between the Developer, the surrounding neighbors and the City of Euless. That everything was addressed. Chairman McNeese also shared the same option as Vice Chairman Portugal. There were no questions or comments presented by the Commission. Vice Chairman Portugal made a motion to approve Case No. 19-06-FP for a Final Plat to be located on 25.034 acres out of the James Matson Survey Abstract No 1080, to be platted as Lonestar Estates Phase 1, Block A, Lots A, 1-22; Block B, Lots A & B, 1-11; Block C, Lots 1-32; Block D, Lots A, 1-7; and Block E, Lots 11-14 located northeast of Westpark Way and W. Pipeline Road. Commissioner Wilson seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Portugal and Commission Members: Brown, Dunckel, Ellis, Owens and Wilson. Nays: None Abstention: None Chairman McNeese declared the motion carried. (7-0-0) ITEM 5. PUBLIC COMMENTS There were no public comments presented. ITEM 6. ADJOURN There being no further business, the meeting was adjourned at 7:30 p.m. y44.•••,3 TA/ 74—.) t b etfChairman Richaeese Date