Loading...
HomeMy WebLinkAbout1996-10-15 PLANNING AND ZONING COMMISSION OCTOBER 15, 1996 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 downstairs Administration Building Conference Room. Seven members of the Planning and Zoning Commission were in attendance. PLANNING AND ZONING COMMISSION CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS. Chairman Ronald Young called the Planning and Zoning Commission meeting to order at 7:00 p.m. for the consideration of scheduled items. He stated there were seven members of the Planning and Zoning Commission present. Furthermore, the agenda for this meeting had been properly posted in accordance with applicable law. MEMBERS & STAFF PRESENT MEMBERS ABSENT Chairman Ronald Young None Keith Eggers Robert McMillon Nancy Bright George Zahn Joy Shuler Billy Owens Bo Bass, Deputy Director of Development Andrea Baxter, Assistant City Engineer Barbara Chambers, Development Office Supervisor Donna Brown, Development Office Technician Dolores Tijerina, Staff Secretary Charlie Miller, Council Member VISITORS PRESENT: Jack MacLennan Terry Allen Professor Joel Goldsteen William Shaddack Daniel Sindalar Ron Minnick Liz MacLennan Mary Lea Noel A. L. Molina Mrs. Homer Hill Daniel Parson and other unregistered guests T.P. Alston Peggy Sindalar L.D. Gann Michael Wilkins Frances Gann John Johnson PLANNING AND ZONING COMMISSION MEETING - PAGE TWO OCTOBER 15, 1996 PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Shuler and the invocation was given by Chairman Young. APPROVAL OF MINUTES Commissioner Owens made the motion to approve the minutes of the October 1, 1996, Planning and Zoning Commission meeting as presented. The motion was seconded by Commissioner Eggers. The vote was as follows: Ayes: Commissioners Owens, Eggers, Shuler, Bright, Zahn, McMillon, Young Nays: None The motion carried. ITEM I. FURTHER CONSIDERATION OF THE 1993 COMPREHENSIVE LAND DEVELOPMENT PLAN FOR A PORTION OF SECTORS 4 & 5 Further consideration of the 1993 Comprehensive Land Development Plan ,s, for a portion of Sectors 4 & 5 - Item #5, more generally described as an area South of E. Midway Drive and East of International Drive Mr. Bo Bass, Director of Planning and Development, stated this case was a further consideration of the Comprehensive Land Development Plan, specifically Item #5 of the previous Planning and Zoning Commission meeting. He informed the members of the audience the consideration of Item #1 was for recommended changes to the Comprehensive Land Development Plan and not zoning changes. The recommended changes will not affect current zoning. Chairman Young explained there was a public hearing for Sectors 4 & 5 at the October 1, 1996, meeting. He asked the audience to address their concerns regarding these sectors. Professor Joel Goldsteen, UTA faculty member and representative of Leven Van Reet, stated he was in favor of leaving this area as a commercial land use. He stated there was a very narrow portion at the southern end of the property, roughly 225 feet at the south end. At the north end there is 326 feet with 50 feet subtracted for a right-of-way. He discussed his concerns regarding the shape, squaring off of the property, costs and size of lots in this sector. PLANNING AND ZONING COMMISSION MEETING - PAGE THREE OCTOBER 15, 1996 Ron Minnick, 104 Arbor Park Drive and Vice President of the Arbor Glen Homeowner's Association, suggested leaving the area as single family residential. He stated he did not want the increased traffic or crime in the area by changing the area to commercial. He was also concerned with decreasing the property values. Mrs. Erlene Hill, 462 Arbor Club Lane, stated her property was Block 78. She stated she and her husband moved to Arbor Glen because it was a comfortable and quite location and she did not want that to change. She also informed the commissioners there were always children playing near and around the baseball fields and commercial ventures would cause problems with commercial odors, sanitary dumpsters and increased traffic. She had concerns about the value of her property if the area was changed to commercial. Mr. Jack MacLennan, 460 Arbor Club Lane, Block 77, stated he was opposed to changing the area to a commercial land use. He stated there were several businesses that had gone out of business and these facilities were not being re-rented, so he did not think it was necessary for even more commercial property in this particular area. Mr. John Johnson, 502 Arbor Creek Drive, stated his home abuts Midway Drive. He stated he was on the Architectural Committee for Arbor Glen Association and his goal is to support the residents in the integrity of the development. He stated the commercial changes would be a detriment to the community. Mr. Tom Alston, 314 Arbor Court, stated the property being discussed was approximately 5 1/2 acres. He addressed the proposed buffer area and stated the homeowners were only 80 feet from the proposed change and approximately 12 homeowners would be affected immediately. He stated he wanted the area to remain low density single family. Mr. Sam Cotrell, 411 Sixpence, stated he wanted the area to stay single family because he valued his property and did not want it to depreciate because of commercial businesses. Commissioner Zahn stated the Comprehensive Land Development Plan was a preferential use or guideline of the type of land use that would be best for the city. He recommended the area where the residential ties into the south and north be left as low density residential because it would be more compatible, however, he informed the audience the area was currently zoned I-1 (Light Industrial). Commissioner Eggers stated he understood how the homeowners felt and was encouraged to vote with the majority. Commissioner Bright stated she was in favor of maintaining the current plan and keeping the area as low density residential. r«. PLANNING AND ZONING COMMISSION MEETING - PAGE FOUR OCTOBER 15, 1996 Commissioner McMillon stated he agreed there was still plenty of opportunity for commercial growth in the undeveloped commercial property (shopping strip) and in his opinion, he felt the low density single residential was compatible with the area and should stay the same. Commissioner Shuler stated she too felt there was enough room in the undeveloped commercial locations for growth and the area should stay low density residential. Commissioner Owens stated he agreed with the Commissioners and he too stated the area should stay low density residential. Chairman Young stated the property was currently zoned I-1 regardless of the recommendation the Commissioners would make to the City Council. He stated, if a developer came to the City with a use that conformed with the I-1 district, he felt the commission would be bound by the request to develop according to the UDC. Commissioner Zahn made the motion to make no recommendation for change regarding this tract. The motion was seconded by Commissioner Shuler. The vote was as follows: Ayes: Commissioners Zahn, Shuler, Owens, McMillon, Bright, Young, Eggers Nays: None The motion carried. ITEM II. PUBLIC HEARING - #PZ-96-04 - 1993 COMPREHENSIVE LAND DEVELOPMENT PLAN SECTOR 6 Consideration of certain amendments to the 1993 Comprehensive Land Development Plan for Sector 6; North of Mid Cities Blvd., East of Heritage Drive, South of Glade Road and West of SH 183. Mr. Bo Bass, Director of Planning and Development, introduced Sector 6 and gave a brief overview of the proposed changes to the Comprehensive Land Use Plan for their understanding. Mr. Bass also explained to the residents that the Commissioners were not changing the zoning of properties at this meeting. However, the recommendation for changes in the land use could result in zoning changes in the future. He explained the procedures the City had taken during the proposed changes. Mr. Bass identified each proposed area with the recommended changes by numbering the areas #1 - #7. Chairman Young explained the conduction and procedures of the public hearing and then opened the Public Hearing for Sector 6 of the Comprehensive Land Development Plan. PLANNING AND ZONING COMMISSION MEETING - PAGE FIVE OCTOBER 15, 1996 Chairman Young called for anyone wishing to speak regarding Items #4, #5 or #7. Mr. Terry Allen, 302 Morrison Court asked about the apartments and commercial property already in place. Mr. Bass explained if any of these were to ever move or go out of business, the City would rather see single family in this location. Marshal VanDyke spoke in response to Item #4 and asked if the land he currently owned in that area would remain with a commercial zoning. The commissioner stated they were not changing the zoning. Wilson Scott, 317 Channing Lane, stated he would like to see Claremont widened (Item # 6). He stated if the Commissioners change the area to commercial land use, the residents would not be able to enter or exit the neighborhood. He asked the commissioners not to block the neighborhood. The Engineering Department informed Mr. Scott they would look into the entrance problem. There were several residents wanting further explanation on the Comprehensive Land Development Plan and what affect it would have on future zoning. Residents A.J. Molina, Michael Wilkins, Kim Corbin, Dee Burch, Glen Hinkley, and Bill Shaddock spoke to the Commissioners regarding the proposed changes in Items #4, 5, 7. Ms. Mary Lee Hoal, Rural Route 2 - 2150 Woodpark Lane, stated she had lived on the 25 acres for the past 39 years. She had questions regarding the proposed commercial land use in Item #2 that included a portion of her property. She stated she was not opposed to the proposed commercial but she was curious about the shape of the proposed area on the map. Dan Sindalar, 201 Nutmeg, stated he was opposed to the proposed commercial land use on Item #6 because of the traffic congestion. He stated he would prefer residential usage. He informed the commissioners the traffic currently backs up and the proposed commercial usage would hinder this property from ever being developed. David Parsons, 2909 Lemon Lane, stated he was also opposed to the proposed commercial land use. He stated there was single family homes all around and felt the proposal was a mistake. He felt commercial property would change the neighborhood, decrease property values, contribute to traffic problems, noise, pollution, crime and vandalism. There being no further proponents or opponents, Chairman Young closed the Public Hearing for discussion among the Commissioners. The Chairman called for a recess at 8:45 P.M. The meeting reconvened at 8:55 P.M. The Commissioners discussed Items #2, #4, #5 and #7. PLANNING AND ZONING COMMISSION MEETING - PAGE SIX OCTOBER 15, 1996 Commissioner Zahn made the motion to recommend the proposed Comprehensive Land Use Plan changes in Sector 6, Items #2, #4, #5 and #7 to the City Council. The motion was seconded by Commissioner Eggers. The vote was as follows: Ayes: Commissioners Zahn, Eggers, Owens, Shuler, McMillon, Bright, Young Nays: None The motion carried. There was discussion among the Commissioners regarding Item #6. They discussed Glade Road being widened and did not feel residential would develop along Glade Road. The Commissioners felt it would be a good idea for the Comprehensive Land Use Plan to reflect the current zoning. Commissioner Bright abstained from the discussion. Commissioner Zahn made the motion for Item #6, to recommend commercial on Glade Road with the change of taking the southern most line from the east and straight across to the existing commercial node and not recommend that area from the south and delete the portion shown to be in the roadway. The motion was seconded by Commissioner McMillon. The vote was as follows: Ayes: Commissioners Zahn, McMillon, Owens, Shuler, Young, Eggers Nays: None Abstention: Commissioner Bright The motion carried Chairman Young stated in the 1993 Comprehensive Land Development Plan process the public was not invited to attend and participate, however, the Commission elected to invite the citizens to be present and contribute their input. He stated there were no state or local City Charter requirements to notify citizens of the proposed changes but in the best interest of the city's land plan the City Council and P&Z members wanted the meeting opened to the public. He thanked the citizens for their input. After discussion among the Commissioners, Commissioner Owens made the motion to recommend Item #3 as presented to the City Council. Commissioner Eggers seconded the motion. The vote was as follows: Ayes: Commissioners Zahn, Eggers, Owens, Shuler, McMillon, Bright, Young Nays: None The motion carried. PLANNING AND ZONING COMMISSION MEETING - PAGE SEVEN OCTOBER 15, 1996 Commissioner Owens addressed Item #1 of Sector 6 and stated he did not feel Item #1 was the highest and best use. He stated to the west of Euless was Colleyville and to the north was another city. He stated the city needs a sales tax generation and if the mall does not go in on Hwy 360, then he felt this property was the best place to put a small mini-mall or box stores. He stated he felt this area should be a commercial land use. Commissioner Shuler discussed and agreed this area should be low density single family. She felt if a large developer should come before the city and request a commercial development, the Commission and City Council could make a decision at that time. However, if the area is deemed residential, the city would have more control over it. Commissioner Shuler did not want a developer to take out the front portion of the property and leave the remainder undeveloped. Commissioner McMillon stated changing the land use to residential concerned him because it felt it was sending a signal to commercial developers that the city did not want a commercial development at this site. Commissioner Bright stated the location was a great site for a commercial development. She felt since the tract of land was so large, she would vote to recommend low density residential. Commissioner Eggers stated he had mixed emotions regarding the tract of land. He stated he had concerns regarding both commercial and residential land uses. Commissioner Zahn stated he thought everyone would like to see a large commercial development at this site, however if a developer wants to do that, he would have the opportunity to do so. He recommended the change to low density residential. Chairman Young also agreed to recommend the change to low density residential as shown on the map. He stated the zoning is not consistent with the land plan and it has not had an affect on the interest of developing the property. Commissioner Zahn made the motion to recommend Item #1 as low density residential as presented to the City Council. Commissioner Shuler seconded the motion. The vote was as follows: Ayes: Commissioners Zahn, Shuler, Bright, Young, Eggers Nays: Commissioners McMillon, Owens The motion carried. PLANNING AND ZONING COMMISSION MEETING - PAGE EIGHT OCTOBER 15, 1996 ITEM III. LAND PLAN - #96-16-LP - RYLAND HOMES ADDITION Request of Fred Phillips, representing Ryland Group for approval of a land plan for 20.71 acres known as Block 2, Lots 12-23, J.E. Whitener Estates; located on the North side of S. Pipeline and West of American Blvd. Mr. Bo Bass, Director pf Planning and Development gave a brief summary of the request and the general location. He stated the Development Review Committee (DRC) had reviewed the land plan and found the information provided to be consistent with the Unified Development Code and recommends its approval. Commissioner Zahn expressed concerns of the creek and how it would be kept in its natural habitat and not be an expense to the City. Mr. Matt Goodwin, with Goodwin and Marshall gave a brief description of the project for Ryland Homes. He stated the creek area would be used for a park usage and informed the commissioners that particular piece of property was a non-detail flood plain. He stated the developer would leave trees and clean out the underbrush. He stated there would be a variance request for concrete channelization to help with the erosion problems that might occur. He mentioned that a small block wall may help with erosion control and that it would be detailed on the preliminary plat. He stated that Ryland will be retaining a management company to maintain maintenance of the park and the channelization. Commissioner Eggers asked the applicant to explain the utility plan and drainage plan. Mr. Goodwin stated that a 10 by 10 box would be installed to handle the water flow. Commissioner Eggers and Mr. Goodwin had much discussion concerning this matter. Commissioners McMillon and Shuler commented that they liked the land plan and would like to see the property develop without flooding and wants the property to be developed as an asset to the City and not a liability. Commissioner Owens expressed his concerns about the size of lots being to small, and the entrance into the development being a traffic problem from Pipeline to Creekside. He stated concerns regarding the gating on Creekside and had questions regarding the box covers and what they look like. Andrea Baxter, Assistant City Engineer, asked the applicant to describe the difference in their flood plain calculations on the plans as opposed to FEMA's. She stated the Engineering Department had reviewed portions of what the applicant had done and stated the structure and/or bridge will have to pass the 100 year flood. The Engineering Department was satisfied with the applicants calculations and will be working close with the applicant. PLANNING AND ZONING COMMISSION MEETING - PAGE NINE OCTOBER 15, 1996 Commissioner Eggers made the motion to approve Land Plan #96-16-LP subject to the variance with the concrete drainage plan coming to this Commission prior to City Council. Commissioner Owens seconded the motion. There was discussion among the commissioners and the motion and the second was withdrawn. Commissioner Zahn made the motion to approve Land Plan #96-16-LP subject to the approval of the variance by the City Council. Commissioner McMillon seconded the motion. The vote was as follows: Ayes: Commissioners Bright, Zahn, Shuler, Eggers, Young, McMillon, Owens Nays: None The motion carried. ITEM IV. SITE PLAN - #96-32-SP - AUTO ZONE - OAK FOREST ADDITION, BLOCK 3 Request of Troy Taylor, Auto Zone, Inc. for approval of a site plan for an auto supply store within a C-2 (Community Business District) zoning district on the Northwest corner of Fair Oaks Blvd. and N. Main Street. Mr. Bo Bass, Director of Planning and Development, gave a brief summary of the request and the location. He stated the Development Review Committee (DRC) had reviewed the site plan and recommends its approval. Commissioner Owens made the motion to approve Site Plan #96-32-SP and was seconded by Commissioner McMillon. The vote was as follows: Ayes: Commissioners Bright, Zahn, Shuler, Eggers, Young, McMillon, Owens Nays: None The motion carried. ITEM V. PUBLIC HEARING - SPECIFIC USE PERMIT - #96-34-SUP - BILLIARDS Request of Bruce and Cindy Khanhkham for a Specific Use Permit for a billiards establishment with the I-1 (Light Industrial District) zoning district at 905 and 907 Heather Drive, Cresthaven Addition, Block 1, Lots 9 and 10. Bo Bass, Director of Planning and Development, introduced Specific Use Permit#96-34- SUP and gave the general location and address. Mr. Gann represented the applicant and was available to answer questions from the Commissioners. PLANNING AND ZONING COMMISSION MEETING - PAGE TEN OCTOBER 15, 1996 wow Chairman Young explained the rules and regulations governing a Public Hearing and then opened the Public Hearing. There being no proponents or opponents, he closed the Public Hearing. There was discussion among the Commissioners regarding a restaurant and billiards facility located in a highly industrial area. There were also some concerns that this was not the highest and best use for the property. Mr. Gann informed the Commissioners that the applicant, Mr. Khanhkham, had been a Dallas Police Officer for seven years and worked with teenagers. His focus was keeping teens off of the street and providing some place for them to gather. The general consensus among the Commissioners was the proposed restaurant and billiards was not compatible with the neighborhood and it was an impediment to orderly development. The Commissioners commended Mr. Khanhkham on working with the youth but suggested another location may be better. Commissioner Zahn made the motion to deny Specific Use Permit#96-34-SUP based on Items #2, #6 and #8 of the Specific Use Permit Evaluation Criteria which states: #2. LOCATION AND CONFIGURATION OF USE: The proposed use as located and configured will contribute to or promote the general welfare and convenience of the city. #6. NOT AN IMPEDIMENT TO ORDERLY DEVELOPMENT: The issuance of the Specific Use Permit does not impede the normal and orderly development and improvement of neighboring vacant property. #8. COMPATIBLE WITH THE NEIGHBORHOOD: The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity. The motion was seconded by Commissioner Bright. The vote was as follows: Ayes: Commissioners Zahn, Eggers, Young, Bright, Shuler, McMillon Nays: None Abstentions: Commissioner Owens The motion carried. PLANNING AND ZONING COMMISSION MEETING - PAGE ELEVEN OCTOBER 15, 1996 .r ITEM VI. PRELIMINARY PLAT - #P-96-22 - VILLAGES OF BEAR CREEK Request of John Furlong, Half Associates, Inc., representing Norstar Development for a preliminary plat of 13 acres, into Block 9, Lot 2, Villages of Bear Creek Addition, located at 700 East Ash Lane; on the Southeast corner of E. Ash Lane and Fuller Wiser Road. Mr. Bo Bass, Director of Planning and Development, gave a brief summary of the request and the location. He stated the Development Review Committee (DRC) had reviewed the preliminary plat and recommends its approval. Commissioner Owens made the motion to approve Preliminary Plat #P-96-22 as presented and was seconded by Commissioner Bright. The vote was as follows: Ayes: Commissioner Owens, Bright, Eggers, Shuler, McMillon, Zahn, Young Nays: None The motion carried. ADJOURNMENT: There bei• • no urther business, the meeting adjourned at 10:45 P.M. / .. I //�`' rAri // S 9 . Chairman Ro -Id ng yiat- 101596mn.p&z RESOLUTION NO. P&Z 96-05 A RESOLUTION RECOMMENDING TO THE CITY COUNCIL CHANGES TO THE 1993 COMPREHENSIVE LAND USE PLAN AS ILLUSTRATED IN THE ATTACHED EXHIBITS. WHEREAS, Article X, Section 3 of the Euless City Charter specifies that the Planning and Zoning Commission is responsible for recommending a master plan for the physical development of the City of Euless; and WHEREAS, The 1993 Comprehensive Land Development Plan, adopted by the City Council in November of 1993, serves as the future land use element of the City master plan and is used to make zoning decisions, and as the basis for capital improvements; and WHEREAS, from time to time, conditions change and it becomes necessary to update and amend the Comprehensive Land Development Plan; and WHEREAS, the City Council and Planning and Zoning Commission have determined that the current 1993 Comprehensive Land Development Plan may not be reflective of the land use arrangement that is in the best interest of the City of Euless; and WHEREAS, the Planning and Zoning Commission and City Council, in joint work session, determined that a public hearing should be conducted by the Planning and Zoning Commission and City Council when considering changes in the Comprehensive Land Use Plan; and WHEREAS, the Planning and Zoning Commission sent notification to property owners within a 200' of any proposed change being made in the Comprehensive Land Use Plan in order to obtain property owner input; and WHEREAS, the Planning and Zoning Commission, over a period of four public hearings, mailed 4,150 property owner notifications of the potential changes and took under consideration, the public input, staff recommendations and good planning practices NOW, THEREFORE, BE IT RESOLVED BY THE EULESS PLANNING & ZONING COMMISSION: THAT, the amendment proposed to the 1993 Comprehensive Land Use Plan, contained in the attached Exhibits, be conveyed to the City Council as the Planning and Zoning Commission's all inclusive recommended changes to the 1993 Comprehensive Land Use Plan THAT, this resolution with attached exhibits be forwarded to the City Council for consideration. PASSED AN ' 'OPTED this day of November 5, 1996. Ronald Young, . 0 g and • ing Commission Chairman RESOLUTION 96-03 CIAC A RESOLUTION RECOMMENDING THAT THE EULESS CITY COUNCIL NOT UPDATE ITS LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN OR IMPACT FEES AT THIS TIME AS AUTHORIZED BY SECTION 395.0575 OF THE TEXAS LOCAL GOVERNMENT CODE. WHEREAS, the City Council of the City of Euless, Texas, has adopted the Capital Improvement Plan for Water and Wastewater (hereinafter referred to as "Capital Improvement Plans") required by Chapter 395 of the Texas Local Government Code for the imposition of impact fees for water and sanitary sewer improvements; and WHEREAS, the City Council, in compliance with Chapter 395, has appointed a Capital Improvements Advisory Committee to monitor and evaluate implementation of the Capital Improvement Plans; and WHEREAS, the Capital Improvements Advisory Committee has monitored and evaluated the implementation of Capital Improvement Plans and imposition of impact fees; and WHEREAS, Chapter 395 of the Local Government Code requires periodic updates unless a determination is made that no updates are necessary; and WHEREAS, the Capital Improvements Advisory Committee has completed its semi-annual review of the Land Use Assumptions and Capital Improvement Plans and has determined that they are still reasonably valid. NOW THEREFORE, BE IT RESOLVED BY THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE OF THE CITY OF EULESS, TEXAS: SECTION 1 That the Capital Improvements Advisory Committee recommends to the City Council that no update of the Land Use Assumptions or Capital Improvement Plans is necessary at this time. SECTION 2 That this resolution be forwarded to the City Council for its consideration in determining whether or not to update the Land Use Assumptions, Capital Improvement Plans or Impact Fees at this time. PASSED AND ADOPTED this 5th day of November, 1!'6. r , R• • . Yo. „ Chairman