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HomeMy WebLinkAbout2023-07-18 P&Z MinutesCITY OF EULESS PLANNING AND ZONING COMMISSION JULY 18, 2023 MINUTES The pre -session meeting of the Planning and Zoning Commission was called to order by Chairman Ellis at 6:00 p.m. in the Pre -Session Conference Room of City Hall, 201 North Ector Drive. Those present included Chairman: Steve Ellis Vice Chairman: LuAnn Portugal Commission Members: Robert Barker, David Brown, Rubyanne Crites and Eric Owens. Those absent included: Commission Member: Curtis Brown. During the Pre -Session Meeting: ➢ Director of Planning & Economic Development, Michael Warrix reviewed agenda items number 2 through 4. PLANNING AND ZONING COMMISSION CONSIDERATION OF SCHEDULED ITEMS — COUNCIL CHAMBERS The regular meeting of The Euless Planning and Zoning Commission was called to order by Chairman Steve Ellis at 6:35 p.m. in the Council Chambers at City Hall, 201 North Ector Drive. STAFF PRESENT: Michael Warrix, Director of Planning & Economic Development Major Jones, Director of Engineering & Public Works Don Sheffield, Assistant Director of Planning & Economic Development Drew Washington, Fire Marshal Yvonne Garcia, Administrative Secretary VISITORS PRESENT: Haley Peck Dean Roggia Don Shipley INVOCATION Chairman Owens gave the invocation. THE PLEDGE OF ALLEGIANCE Commissioner Crites led the pledge of allegiance. ITEM 1. APPROVED PLANNING AND ZONING MINUTES Vice Chairman Portugal made a motion to approve the minutes of the regular meeting June 20, 2023. Commissioner Crites seconded the motion. The vote was as follows: Ayes: Chairman Ellis, Vice Chairman Portugal, Commissioners Barker, Crites and Owens. Page 1 of 6 Planning and Zoning Commission Minutes Page 2 of 6 July 18, 2023 Nays: None Abstention: Commissioner D. Brown Chairman Ellis declared the motion carried. (5-0-1) ITEM 2. HELD A PUBLIC HEARING FOR PLANNED DEVELOPMENT CASE NO 23- 03-PD Chairman Ellis opened up the public hearing on Planned Development Case No 23-03-PD at 6:36 p.m. Director, Michael Warrix gave a brief description of the case. The proposed change to the Planned Development zoning district at this location is specific to the number of eating establishments with drive-thrus in the Glade Parks development and specifically on this block. Initially, when development of Glade Parks began, there was concern expressed by staff and City Council about the potential for a proliferation of drive-thru restaurants which could create traffic issues and visual aesthetic issues throughout the development. In the intervening years, and especially after the pandemic, the drive-thru model has changed. Many full -service restaurants have reserved specific areas for take-out parking. Many restaurant establishments have gone to a fully drive-thru service model and do not rely on counter or sit-down service. In addition, some of the remaining lots in Glade Parks, including Block E, Lot 1, have smaller remaining footprints for development which would lend themselves better to this new paradigm of drive-thru eating establishments. The attached ordinance for consideration would amend the Planned Development zoning for this individual tract by referencing all of Ordinance No. 1944 which established Glade Parks, with the modification of Section 4.2.1.2. to allow a maximum of two (2) eating establishments with drive-thru service. The existing restaurant with drive-thru service in Block E is Starbucks, which is adjacent to the subject property. The Development Services Group (DSG) reviewed and certified this case for agenda placement at its June 13, 2023 meeting. Staff recommends approval. Chairman Ellis asked to hear from any proponents/opponents who wished to speak. Chairman Ellis closed the public hearing at 6:40 p.m. Commissioner Owens, Vice Chairman Portugal and Commissioner D. Brown expressed their concerns about the existing traffic in the entrance of this development. Mr. Warrix said that this case was reviewed by our Development Service Group and no substantial concerns about traffic flow were expressed. He emphasized that this case is for the zoning of the property and that a site plan will be coming at a later date to address that type of concern. Commissioner Crites asked if we knew the new business high traffic time. Mr. Warrix said he did not have that information. There were no further questions or comments presented by the Commission. Planning and Zoning Commission Minutes Page 3 of 6 July 18, 2023 Commissioner D. Brown made a motion to deny Case No. 23-03-PD rezoning from Planned Development (PD) to Planned Development (PD) allowing an additional drive-thru restaurant in Block E of Glade Parks. The motion to deny failed for lack of a second. Commissioner Crites made a motion to table Case No. 23-03-PD until the next Planning and Zoning meeting on August 1, 2023. Commissioner Barker seconded the motion. The vote was as follows: Ayes: Chairman Ellis, Vice Chairman Portugal and Commission Members: Barker, D. Brown, Crites and Owens. Nays: None Abstention: None Chairman Ellis declared the motion to table Case No. 23-03-PD carried. (6-0-0) ITEM 3. HELD A PUBLIC HEARING FOR SPECIFIC USE PERMIT CASE NO 23-12- SUP AND CONSIDER RECOMMENDATION FOR AN ORDINANCE Chairman Ellis opened up the public hearing on Specific Use Permit Case No 23-12-SUP at 7:02 p.m. Director, Michael Warrix gave a brief description of the case. The Unified Development Code requires a Specific Use Permit (SUP) for telecommunication facilities in all residential zoning districts. The applicant (Verizon Wireless) intends to increase the height of an existing stealth telecommunication tower from 70 feet to 94 feet and expand the screened equipment compound outward by six (6) feet. A Specific Use Permit was approved in 2007 to construct the existing telecommunication facility. Conditions of that approval included that it not exceed 70 feet in height and that it be a stealth monopole with no antennas on the exterior of the structure. The current request by Verizon Wireless complies with the stealth condition but not the height limitation condition. As a result, a new SUP is required to allow for the additional 24 feet in height. The existing facility currently has two levels of T-Mobile antenna arrays inside, but no space for additional carriers as currently configured. To accommodate the new carrier (Verizon), the equipment compound will need to be expanded approximately six (6) feet to accommodate Verizon's cabinets. The compound consists of outdoor electrical equipment surrounded by an existing 8 foot in height masonry wall and metal gate. The compound is approximately 30 feet wide and 24 feet deep when measured from the outside of the compound wall. The proposed 6-foot expansion would make it approximately 30 feet deep. The asphalt area behind the church and adjacent to the monopole site is not striped for parking and is used for overflow church parking. One parking space would be lost by the proposed expansion. The Freedom Life Fellowship Church property where the tower is located is surrounded by single-family detached dwellings, the Euless First Church of the Nazarene, Trinity High School, and Midway Park Elementary School, which are all zoned R-1. To date, staff has Planning and Zoning Commission Minutes Page 4 of 6 ,July 18, 2023 not received any written responses to the public hearing notification letters that were mailed to property owners within 200 feet of the facility site. In 2012, Congress enacted Section 6409 of the Spectrum Act in an effort to streamline approval of modifications to wireless facilities as long as the modification does not "substantially change" a facility's physical dimensions. These regulations were published in the Code of Federal Regulations (CFR) under the authority of the Federal Communications Commission (FCC). The proposed modification of 24 feet of additional height and 6 feet of additional space in the equipment compound is considered to be a substantial change of the physical dimensions of the existing wireless facility, requiring approval of an amended SUP. This approval, however, may not be unreasonably or arbitrarily withheld, and a decision to deny the SUP must be in writing and supported by substantial evidence contained in a written record. The Development Services Group (DSG) reviewed and certified this case for agenda placement at its October 25, 2022 meeting. Staff recommends approval of the Specific Use Permit with the following conditions: 1. The Specific Use Permit is tied to the tower owner, T-Mobile West Tower LLC or its successors. In the event such a change in ownership occurs, the City of Euless shall be notified in writing; 2. The telecommunication tower shall not exceed 94 feet in height; 3. The telecommunication tower shall remain a stealth monopole with no antenna elements external to the pole; 4.There shall be no outdoor advertising display other than signage required by the FCC; 5.Any change to the telecommunication tower that does not qualify as a non -substantial change under federal law shall require an amendment to the Specific Use Permit; 6.The telecommunication tower must be removed at the expense of the tower owner in the event that the facility is inactive for a period of one year, and the City must be notified in writing that the facility has become inactive; and 7.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 Ellis asked to hear from any proponents/opponents who wished to speak. Haley Peck on behalf of the applicant appeared and gave a brief statement. Don Shipley, Senior Pastor of Freedom Life Fellowship spoke and read from a written statement from the Church's attorney. Dean Roggia, City Attorney, explained the conditions and recommendation from the staff and that the commission is not approving a temporary easement tonight. Chairman Ellis closed the public hearing at 7:13 p.m. Vice Chairman Portugal asked for the clarification of the applicant and Crown Castle. Mr. Roggia responded that the conditions proposed by staff address ownership changes over time. Ms. Peck also responded that the tower owner is T-Mobile West Tower LLC or its successors. Planning and Zoning Commission Minutes Page 5 of 6 July 18, 2023 Commissioner Owens wanted clarifications on the condition of the Specific Use Permit in regards to the "owner or its successors" language. Mr. Roggia answered the language and that the conditions cover the City's legal interest. There were no further questions or comments presented by the Commission. Commissioner D. Brown made a motion to approve Case No. 22-12-SUP, a Specific Use Permit for Verizon Wireless, to modify an existing wireless telecommunication facility located at Midway Park Addition, Block 45, Lot 2R, 709 Midway Drive with the conditions recommended by staff. Commissioner Crites seconded the motion. The vote was as follows: Ayes: Chairman, Ellis, Vice Chairman Portugal and Commission Members: Barker, D. Brown Crites and Owens. Nays: None Abstention: None Chairman Ellis declared the motion to approve with conditions Case No. 23-12-SUP carried. (6-0-0) ITEM 4. CONSIDER APPROVAL OF PRELIMINARY PLAT 23-02-PP Director, Michael Warrix gave a brief description of the case. The applicant is seeking approval of a preliminary plat for the above -referenced property. The intent is to plat the subject property as two (2) buildable lots to accommodate multifamily residential development. The technical aspects of the preliminary plat, including required setbacks, right-of-way dedication, and placement of easements comply with the City of Euless Unified Development Code. The Development Services Group (DSG) reviewed and certified the application at its June 20, 2023 meeting and determined that it meets all technical requirements for consideration by the Planning and Zoning Commission. Staff recommends approval. There were no questions or comments presented by the Commission. Vice Chairman Portugal made a motion to approve Case No. 23-02-PP for a Preliminary Plat of Burly Bear Addition, in the A. Bradford Survey, Abstract No. 152, Block A, Lot 1, Block B, Lot 1, being 13.005 acres located at 800 and 900 Pilot Hill prive, northwest and northeast of the intersection of State Highway 183 and Bear Creek Parkway. Commissioner Owens seconded the motion. The vote was as follows: Ayes: Chairman Ellis, Vice Chairman Portugal and Commission Members: D. Brown, Barker, Crites and Owens. Nays: None Abstention: None Planning and Zoning Commission Minutes Page 6 of 6 July 18, 2023 Chairman Ellis declared the motion to approve Case No. 23-02-PP carried. (6-0-0) ITEM 3. PUBLIC COMMENTS There were no public comments presented. ITEM 4. ADJOURN There being no further business, the meeting was adjourned at 7:31 p.m. Chairmaw9feve Ellis