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HomeMy WebLinkAbout2017-06-20 CITY OF EULESS PLANNING AND ZONING COMMISSION JUNE 20, 2017 MINUTES A regular meeting of the Planning and Zoning Commission was called to order by Chairman Richard McNeese at 5:30 p.m. on June 6, 2017 in the Pre-Council Conference Room of City Hall, 201 North Ector Drive. Those present included Chairman Richard McNeese, Vice Chairman LuAnn Portugal, and Commission Members: Kenny Olmstead, Ronald Dunckel, and Steve Ellis. During the Pre-Session Meeting: ➢ Senior Planner Stephen Cook reviewed the regular agenda. ➢ Director of Planning and Economic Development Mike Collins presented the Development Update. PLANNING AND ZONING CONSIDERATION OF SCHEDULED ITEMS — PRE- COUNCIL CONFERENCE ROOM 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: Mike Collins, Director of Planning and Economic Development Stephen Cook, Senior Planner Hal Cranor, Director of Public Works and Engineering Don Sheffield, Building Official Tesla Worth, Administrative Secretary Paul Smith, Fire Marshal VISITORS: Paula Langi Inga Langi Bikal Dhakal Ram Pokhrel Donna Turner Talai Mahmood Tariq Jalil Siobhana Davy Stephanie Barker HaYoung Weaver Carlos Encarnacion Chuck Solom Rick Stack Linda Barnett Planning and Zoning Commission Minutes Page 1 of 11 June 20, 2017 s Planning and Zoning Commission Minutes Page 2 of 11 June 20, 2017 Eric Pollard Brent Caldwell Jack Birdson INVOCATION Commissioner Ellis gave the invocation. THE PLEDGE OF ALLEGIANCE Chairman McNeese 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 6, 2017. Commissioner Olmstead seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Portugal and Commission Members: Olmstead, Dunckel, and Ellis. Nays: None Abstention: None Chairman McNeese declared the motion carried. (5-0-0) ITEM 2. HELD A PUBLIC HEARING FOR AN AMENDMENT OF THE UNIFIED DEVELOPMENT CODE CASE NO. 17-02-UDC AND RECOMMENDED AN AMENDMENT Chairman McNeese opened the public hearing at 6:36 p.m. Senior Planner Stephen Cook gave a brief description of the case. The City of Euless is intending to update the Unified Development Code permitted use table associated with the Texas 121 Gateway Zoning District (TX-121). The table currently has a use of Beer and Wine Stores only(Standard Industrial Code 5921)which is allowed through a Specific Use Permit within the zoning district. The proposed amendment would accomplish two things: • Modify the use label to: Packaged Alcoholic Beverages (for off-premise consumption) which is included in the SIC 5921 designation. • Change the use from requiring a Specific Use Permit to a use permitted by right. Planning and Zoning Commission Minutes Page 3 of 11 June 20, 2017 • Additionally, a special condition which requires these types of stores to be three hundred (300) feet away from any church, public school or public hospital will be added to the table. The modifications would bring the definition to an inclusive standard if at any time in the future a public referendum would allow the sale of packaged alcoholic beverages in the City of Euless. Secondly, the ordinance would treat the stores as any other retail business as required by Texas State Law. The approval of this ordinance would only affect areas zoned under the TX-121 zoning district and would not affect any other areas of the City. Staff recommends approval of the amendment. Chairman McNeese asked to hear from any proponents/opponents who wished to speak. Seeing none, Chairman McNeese closed the public hearing at 6:41 p.m. There were no further questions or comments presented by the Commission. Commissioner Olmstead made a motion to recommend approval of Case No. 17-02-UDC for an Ordinance to amend Chapter 84 of the Code of Ordinances revising the development and land use regulations applicable to certain stores that sell packaged alcoholic beverages. Commissioner Dunckel seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Portugal and Commission Members: Olmstead, Dunckel, and Ellis. Nays: None Abstention: None Chairman McNeese declared the motion carried. (5-0-0) ITEM 3. HELD A PUBLIC HEARING FOR A PLANNED DEVELOPMENT CASE NO. 17-01-PD AND RECOMMENDED AN ORDINANCE Chairman McNeese opened the public hearing at 6:43 p.m. Senior Planner Stephen Cook gave a brief description of the case. The City of Euless is intending to update the permitted use table associated with the Glade Parks Planned Development zoning district approved as Ordinance Number 1944. The table currently has a use of Beer and Wine Stores only (Standard Industrial Code 5921) which is allowed through a Specific Use Permit within the zoning district. The proposed amendment would accomplish three things: Planning and Zoning Commission Minutes Page 4 of 11 June 20, 2017 • Modify the use label to: Packaged Alcoholic Beverages (for off-premise consumption) which is included in the SIC 5921 designation. • Change the use from requiring a Specific Use Permit to a use permitted by right in only the areas designated as the Glade Parks Commercial. In other areas within the district, the use would not be permitted. • Additionally, a special condition which requires these types of stores to be three hundred (300) feet away from any church, public school or public hospital will be added to the table. The modifications would bring the definition to an inclusive standard if at any time in the future a public referendum allows the sale of packaged alcoholic beverages in the City of Euless. Secondly, the ordinance would treat the stores as any other retail business as required by Texas State Law. The approval of this ordinance would only affect areas that allow commercial development under the Glade Parks Planned Development zoning district and would not affect any other areas of the City. Staff recommends approval of the Ordinance. Chairman McNeese asked to hear from any proponents/opponents who wished to speak. Donna Turner, resident of 2511 San Jacinto Drive, stated that she strongly opposed the change in the Ordinance. She was concerned because there are small children in the neighborhood, and it is not a gated community. Chairman McNeese stated that this agenda item would not allow packaged alcoholic beverage stores in the area, but that it would be up to a referendum and a city-wide vote on the subject in order for the change to occur. Seeing that no others wanted to speak, Chairman McNeese closed the public hearing at 6:49 p.m. There were no further questions or comments presented by the Commission. Commissioner Dunckel made a motion to recommend approval of Case No. 17-01-PD for an Ordinance to revise the development and land use regulations applicable to certain stores that sell packaged alcoholic beverages on 185.52 acres in the BBB & CRR Survey, A-204, J. Doss Survey, A-441 and J. Havens Survey, A-685. Commissioner Ellis seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Portugal and Commission Members: Olmstead, Dunckel, and Ellis. Planning and Zoning Commission Minutes Page 5 of 11 June 20, 2017 Nays: None Abstention: None Chairman McNeese declared the motion carried. (5-0-0) ITEM 4. HELD A PUBLIC HEARING FOR A PLANNED DEVELOPMENT CASE NO. 17-02-PD AND RECOMMENDED AN ORDINANCE Chairman McNeese opened the public hearing at 6:51 p.m. Senior Planner Stephen Cook gave a brief description of the case. The City of Euless is intending to update the permitted use table associated with the Riverwalk Planned Development zoning district approved as Ordinance Number 1904. The table currently has a use of Beer and Wine Stores only (Standard Industrial Code 5921) which is allowed through a Specific Use Permit within the zoning district. The proposed amendment would accomplish three things: • Modify the use label to: Packaged Alcoholic Beverages (for off-premise consumption) which is included in the SIC 5921 designation. • Change the use from requiring a Specific Use Permit to a use permitted by right in only the areas designated as the T5a, T5b and T5c sub-districts which allow for commercial development. In other areas within the Planned Development district, the use would not be permitted • Additionally, a special condition which requires these types of stores to be three hundred (300) feet away from any church, public school or public hospital will be added to the table. The modifications would bring the definition to an inclusive standard if at any time in the future a public referendum allows the sale of packaged alcoholic beverages in the City of Euless. Secondly, the ordinance would treat the stores as any other retail business as required by Texas State Law. The approval of this ordinance would only affect areas that allow commercial development under the Riverwalk Planned Development zoning district and would not affect any other areas of the City. Staff recommends approval of the Ordinance. Chairman McNeese asked to hear from any proponents/opponents who wished to speak. Eric Pollard, resident of 601 Bridgewater Street, stated he believed liquor stores bring crime and traffic, and does not want to see a liquor store in his backyard, as his home is within sight of the commercially zoned areas. Planning and Zoning Commission Minutes Page 6 of 11 June 20, 2017 Chairman McNeese stated that the change in the Ordinance is to put it in compliance with Texas Alcoholic Beverage Commission state law. Stephanie Barker, resident of 701 Woodstock Avenue, asked if the remaining commercial zones are the last that need their Ordinance's permitted use table language changed. She also asked what distance a store would be required to be from a church. She stated that she was opposed to the change. Mike Collins, Director of Planning and Economic Development, stated that a store had to be more than 300 feet from any church. He explained that any store applying for an alcohol license must submit TABC paperwork to the City to receive verification that their proposed business complies with the distance requirements from churches, schools, and day care facilities. The TABC will not issue a license if the verification is not made. He stated that based on the current land use tables, there is already a provision that would allow consideration for a stand-alone beer and wine store. Bikal Dhakal, resident of 808 Mallard Street, asked if the Planned Development boundary extends to the north side of Harwood Road. Mr. Collins stated that the border Mr. Dhakal is referring to on his notification map indicates the 200 foot notification area outside of the boundary of the Planned Development, and that this Planned Development Ordinance change does not apply to the north side of Harwood Road. Seeing that no others wanted to speak, Chairman McNeese closed the public hearing at 7:07 p.m Commissioner Ellis asked what the process would be if a grocery store wanted to begin selling liquor. Mr. Cook stated that if a grocery store within one of the Planned Development areas with the proposed ordinance change wanted to begin selling liquor, they would be required to be in compliance with TABC laws on how a packaged alcoholic beverage store operates. Of many, one of the requirements would be that they have a completely separate space for the sales, with no interconnectivity between the retail area and the alcohol sales, and its own separate entrance. There were no further questions or comments presented by the Commission. Commissioner Ellis made a motion to recommend approval of Case No. 17-02-PD for an Ordinance to revise the development and land use regulations applicable to certain stores that sell packaged alcoholic beverages on 190.879 acres in the Abraham Barnard Survey, Abstract Number 107, and the Adam Bradford Survey, Abstract Number 152. Vice Chairman Portugal seconded the motion. The vote was as follows: Planning and Zoning Commission Minutes Page 7 of 11 June 20, 2017 Ayes: Chairman McNeese, Vice Chairman Portugal and Commission Members: Olmstead, Dunckel, and Ellis. Nays: None Abstention: None Chairman McNeese declared the motion carried. (5-0-0) ITEM 5. HELD A PUBLIC HEARING FOR A PLANNED DEVELOPMENT CASE NO. 17-03-PD AND RECOMMENDED AN ORDINANCE Chairman McNeese opened the public hearing at 7:08 p.m. Senior Planner Stephen Cook gave a brief description of the case. The City of Euless is intending to update the permitted use table associated with the Founders Parc (formerly Euless Midtown 60) Planned Development zoning district approved as Ordinance Number 2072. The table currently has a use of Beer and Wine Stores only (Standard Industrial Code 5921) which is allowed through a Specific Use Permit within the zoning district. The proposed amendment would accomplish three things: • Modify the use label to: Packaged Alcoholic Beverages (for off-premise consumption) which is included in the SIC 5921 designation. • Change the use from requiring a Specific Use Permit to a use permitted by right in only the areas designated as Commercial/Retail areas which allow for commercial development. In other areas within the Planned Development district, the use would not be permitted • Additionally, a special condition which requires these types of stores to be three hundred (300) feet away from any church, public school or public hospital will be added to the table. The modifications would bring the definition to an inclusive standard if at any time in the future a public referendum allows the sale of packaged alcoholic beverages in the City of Euless. Secondly, the ordinance would treat the stores as any other retail business as required by Texas State Law. The approval of this ordinance would only affect areas that allow commercial development under the Founders Parc (Euless Midtown 60) Planned Development zoning district and would not affect any other areas of the City. Staff recommends approval of the Ordinance. Chairman McNeese asked to hear from any proponents/opponents who wished to speak. Seeing none, Chairman McNeese closed the public hearing at 7:09 p.m Planning and Zoning Commission Minutes Page 8 of 11 June 20, 2017 There were no further questions or comments presented by the Commission. Vice Chairman Portugal made a motion to recommend approval of Case No. 17-03-PD for an Ordinance to revise the development and land use regulations applicable to certain stores that sell packaged alcoholic beverages on 56.884 acres within the A.J. Huitt Survey, Abstract Number 684. Commissioner Olmstead seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Portugal and Commission Members: Olmstead, Dunckel, and Ellis. Nays: None Abstention: None Chairman McNeese declared the motion carried. (5-0-0) ITEM 6. HELD A PUBLIC HEARING FOR SPECIFIC USE PERMIT CASE NO. 17-08-SUP AND RECOMMENDED AN ORDINANCE Chairman McNeese opened the public hearing at 7:10 p.m. Senior Planner Stephen Cook gave a brief description of the case. Applicant: Paula Langi, representing Vaivai. Location/Zoning: 220 Martha Street. The property is zoned Texas Highway 10 Multi-use zoning district. (TX-10). Mr. Langi wishes to lease the commercial space at 220 Martha Street in order to have a meeting space for a group of Tongan men who meet periodically to discuss ways to help the Tongan community in Euless. The space is approximately 450 SF and would be limited to an occupancy based on the Fire Marshal and Building Official's recommendation based on Building Code. Parking is available from Martha Street as well as to the parking lot to the south of the building as the leased space is part of the larger lot that faces onto W. Euless Boulevard. The Development Services Group has certified the application and recommends the following conditions of the Specific Use Permit: a. The Specific Use Permit is tied to owner of the assembly use Mr. Paula Langi; and, b. The Specific Use Permit is tied to the organization name Vaivai; and, c. Parking will not be allowed on any unimproved (unpaved) areas or double parked areas blocking vehicles from entering or leaving the site; and, d. All access to the leased space shall remain open and clear and the sidewalk kept clear for the public way; and, Planning and Zoning Commission Minutes Page 9 of 11 June 20, 2017 e. 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. Paula Langi, resident of 1609 Windlea Drive and applicant, stated that he and his community often meet in each other's homes, and want to have a centralized meeting space outside of a neighborhood. Chairman McNeese asked to hear from any proponents/opponents who wished to speak. Seeing none, Chairman McNeese closed the public hearing at 7:14 p.m Vice Chairman Portugal asked if the applicant understood all of the conditions in the SUP. Mr. Langi stated that he was aware of them. Commissioner Dunckel asked how many people attended the meetings. Mr. Langi stated that it was between 9 and 15 people. There were no further questions or comments presented by the Commission. Commissioner Ellis made a motion to recommend approval of Case No. 17-08-SUP for a Specific Use Permit on Oakwood Terrace Addition, Block 2, Lot 131 R, 220 Martha Street for a Private Membership Organization (Place of Assembly) in the Texas Highway 10 Multi-use Zoning District (TX-10) with the conditions as presented. Commissioner Olmstead seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Portugal and Commission Members: Olmstead, Dunckel, and Ellis. Nays: None Abstention: None Chairman McNeese declared the motion carried. (5-0-0) ITEM 7. APPROVED SITE PLAN NO. 17-03-SP Senior Planner Stephen Cook gave a brief description of the case. Mr. Encarnacion intends to construct a 6016 SF building commercial structure with six (6) spaces for lease on W. Euless Boulevard. Access — The property is accessed by a mutual access easement along the frontage of the property which was established with the plat of the individual lots along W. Euless Boulevard in this area. There are driveway access points at 2710, 2740, and 2800 W. Planning and Zoning Commission Minutes Page 10 of 11 June 20, 2017 Euless Boulevard which provide the access to these properties. The property developer will construct the connecting mutual access easement. Parking — The site contains thirty (30) parking spaces which will adequately serve the development. Landscaping — Landscaping will be placed primarily along the street yard of the property. A minimum five (5) foot landscape strip is required along the rear property line abutting to the six (6) foot masonry wall separating the commercial development and the residential development to the rear of the property. Typically, trees, shrubs and ground plantings will be installed along the frontage of the building. Exterior — The building will be constructed in compliance with the masonry standards of the City of Euless and feature some metal vertical elements to provide contrast along the front fagade. The Development Services Group has certified that the site plan is in accordance with the requirements of the City of Euless. Commissioner Ellis asked what would be behind the building, and if deliveries would be made there. Mr. Cook stated that there will be a concrete sidewalk up to the landscaping, as well as a driveway along the west side of the building for access to the dumpster enclosure. Carlos Encarnacion, the applicant, stated that there is a 5 foot wide sidewalk behind the building up to the grass. He also stated that of the six spaces for lease measures approximately 50 feet by 20 feet. There were no further questions or comments presented by the Commission. Commissioner Dunckel made a motion to approve Case No. 17-03-SP for a Site Plan for Commercial Development proposed to be located on 0.69 acres of the St Michael's Addition, Block A, Lot 5, located 2730 W. Euless Boulevard. Vice Chairman Portugal seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Portugal and Commission Members: Olmstead, Dunckel, and Ellis. Nays: None Abstention: None Chairman McNeese declared the motion carried. (5-0-0) Planning and Zoning Commission Minutes Page 11 of 11 June 20, 2017 ITEM 8. APPROVED FINAL PLAT NO. 17-04-FP Senior Planner Stephen Cook gave a brief description of the case. The applicant proposes to plat sixty-three (63) single family residential lots and three (3) open space lots within a Planned Development zoning district. The plat submitted to the City of Euless conforms to the appropriate easements and boundaries according to City of Euless regulations. 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. There were no further questions or comments presented by the Commission. Commissioner Olmstead made a motion to approve Case No. 17-04-FP for a Final Plat to be located on 15.735 acres out of the Adam Bradford Survey, Abstract 152, to be platted as The Dominion at Bear Creek Phase 5, Block R, Lots 1-27, A; Block S, Lots 1- 17, A and Block T, Lots 1-19, A; located at the southeast corner of Midway Drive and Fuller-Wiser Road. Commissioner Dunckel seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Portugal and Commission Members: Olmstead, Dunckel, and Ellis. Nays: None Abstention: None Chairman McNeese declared the motion carried. (5-0-0) ITEM 9. ADJOURN There being no further business, the meeting was adjourned at 7:39 p.m t t i Cha* an Richard Mc ese Date