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HomeMy WebLinkAbout2000-01-04 ® PLANNING AND ZONING COMMISSION JANUARY 04, 2000 MINUTES The Pre-Commission meeting of the Planning and Zoning Commission was called to order by Acting Chairman McMillon at 5:30 p.m. in the Building "C" Conference Room. Five members of the Planning and Zoning Commission were in attendance. PLANNING AND ZONING COMMISSION CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS Acting Chairman McMillon called the Planning and Zoning Commission meeting to order at 7:10 p.m. for the consideration of scheduled items. He stated there were five members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT MEMBERS ABSENT Robert McMillon Robert McNeese Bill Tarin Mike Grove Ron Hughes Gene Sloan Paul Wieneskie, City Attorney Bo Bass, Director of Planning and Development Ron Young, Assistant Director of Public Works and City Engineer Gary Johnson, Senior Civil Engineer Carol Griffith, Planning Services Manager Donna Brown, Administrative Secretary VISITORS PRESENT Martin Van Wolfswinkel Winnie Wyatt Michael Esterly Barbara Burton Ann Esterly Keith Wood Tim Mullen Wes loerger Marshal Van Dyke Bobby West Douglas Thedford Bryan Klein Michael McGee Tom Hoover Rick Jennings Sheila Dillard Dawna Jennings Don Dillard Charles Simmons Patricia Casamassima Marilyn Simmons C PLANNING AND ZONING COMMISSION MINUTES 2 JANUARY 04,2000 PLEDGE OF ALLEGIANCE AND INVOCATION: Commissioner Hughes led the Pledge of Allegiance and the Acting Chairman McMillon gave the Invocation. APPROVAL OF MINUTES Acting Chairman McMillon stated he had a correction on page one: Under Pledge of Allegiance and Invocation it reads Vice Chairman, which should read Acting Chairman. Acting Chairman McMillon asked if there were any other additions or corrections to the minutes of December 07, 1999. Commissioner Hughes moved to approve the minutes of the December 07, 1999, meeting as corrected. Commissioner Tarin seconded the motion. The vote was as follows: Ayes: Commissioners McMillon, Tarin, Grove, Hughes, Sloan Nays: None The motion carried. REGULAR AGENDA Acting Chairman McMillon stated the Commission was going to jump ahead to Items 13, 14, and 15. ITEM 13 CASE #99-17-SUP — PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT Receive public input regarding a request for a Specific Use Permit on Morrisdale Addition, Block 1A, portion of Lot 2A2, for a church in C-1 (Neighborhood Business District) zoning. This property is located at 4311 Pipeline Road. Bo Bass, Director of Planning and Development, stated this was a request from the Christ Family Fellowship Church, but that the applicant today telephoned staff and requested that this case be pulled indefinitely. Mr. Bass suggested conducting a Public Hearing and then tabling indefinitely. Mr. Bass stated the applicant has elected to exit their lease and move to another community. Acting Chairman McMillon stated as a point of order the Commission needs to table it. He stated the Commission will open the Public Hearing on Case #99-17-SUP and then close the Public Hearing and go to the action Item 14 for Case #99-17-SUP. C PLANNING AND ZONING COMMISSION MINUTES 3 JANUARY 04,2000 ITEM 14 CASE #99-17-SUP — RECOMMENDATION REGARDING A SPECIFIC USE PERMIT Consider a recommendation regarding a request for a Specific User Permit on Morrisdale Addition, Block 1A, portion of Lot 2A2, for a church in C-1 (Neighborhood Business District) zoning. This property is located at 4311 Pipeline Road. Mr. Bass stated due to the applicant's request staff suggests that the Commission table the case indefinitely. Commissioner Grove made a motion to table Case #99-17-SUP for a time indefinite pending renewed interest by the applicant. Commissioner Tarin seconded the motion. The vote was as follows: Ayes: Commissioners McMillon, Tarin, Grove, Hughes, Sloan Nays: None The motion carried. ITEM 15 CASE #99-04-PP— CONSIDERATION OF A PRELIMINARY PLAT Consider a request for a Preliminary Plat changing S. Tucker Survey, Ab. 1512, Tr. 3A1, 3A2, 3C, and portions of Tr. 4, 5 to Villages of Bear Creek Addition, Block 2, Lot 4. This property is located near the northeast corner of Fuller-Wiser Road and Mid-Cities Boulevard. Bo Bass, Director of Planning and Development, stated this is the United Dominion multi-family project that is adjacent to Highway 360 and Fuller-Wiser, north of Mid-Cities Boulevard. Mr. Bass stated we have a certificate of acceptable public construction plans from the City Engineer which meets all our submission requirements. Acting Chairman McMillon asked the Commission if there are any questions for the staff or City Engineer on the case. Commissioner Hughes made a motion to approve Case #99-04-PP. Commissioner Grove seconded the motion. The vote was as follows: Ayes: Commissioners McMillon, Tarin, Grove, Hughes, Sloan Nays: None PLANNING AND ZONING COMMISSION MINUTES 4 JANUARY 04,2000 The motion carried. Mr. Bass stated for the benefit of the public a graphic is shown of the project site. Mr. Bass stated the project is a series of individual tracts being platted into one lot, and that it will be built with 486 units. Mr. Bass stated it is a very nice project. ITEM 1 CASE #99-10-PD — PUBLIC HEARING REGARDING A PLANNED DEVELOPMENT Receive public input regarding a request for a Planned Development changing the zoning of Edward Taylor Survey, Ab. 1550, Tr. 1A3. This request is for changing the zoning from TH zoning (Townhouse Dwelling District) to PD zoning (Planned Development based on TH, Townhouse Dwelling District). This property is located to the north and west of the intersection of Fuller-Wiser and S.H. 360. Bo Bass, Director of Planning and Development, asked the public to refer to the graphic. He stated the land is currently zoned town homes which means someone who owns that property could build town homes. Mr. Bass stated there are three elements relative to this property: the Planned Development, Specific Use Permit and the Site Plan. Mr. Bass stated the Planned Development is required because there are deviations to the standards for this project. He stated the purpose of the Specific Use Permit is to mitigate negative impacts both on site and off site, which were the adjacency to single family homes and how do you get safely on to the site off of the service road for 360. Mr. Bass stated the final element is the Site Plan, which is more technical in whether or not it functions in terms of the design. Mr. Bass stated in terms of the Planned Development it is a tough site for all the staff. He stated in the traditional land use perspective town homes are an excellent use to buffer single family homes from less desirable uses. Mr. Bass stated the problem with town homes is that not all are treated equally. Mr. Bass stated this town home design functions, but it does request deviations. He said specifically and one important one for Planning and Zoning is the distance between the two story buildings and property owners' back property line. Mr. Bass stated the code reads sixty feet, but this developer, in order to get a town home product on the site because of the shape of it and small size of it, cannot abide by the sixty feet and is looking for roughly twenty feet. Mr. Bass stated staff is okay with that only if land owners and the appointed officials feel like town homes are a great buffer use from Highway 360 and the airport. Mr. Bass stated if they do not then they should not approve the project based on that deviation. He stated there are other deviations such as the landscaping. Mr. Bass stated traditionally town homes are an effective buffer. Mr. Bass stated if the property were to lay fallow or vacant it might be a benefit to adjacent property owners, but it is not necessarily great for existing property owners. Mr. Bass stated it is probably not good for commercial because of the distance from the intersection of the service road for 360 and Glade Road. Mr. Bass stated the zoning is town homes and the developer has the right to come in and ask for town homes. Mr. Bass stated the Planning and Zoning Commission has the right and privilege of reviewing the design and determining if it should be approved or not. Mr. Bass stated staff PLANNING AND ZONING COMMISSION MINUTES 5 JANUARY 04,2000 is recommending approval on the town home design because staff feels it is a good buffer to Highway 360 right-of-way as well as to the airport. Mr. Bass stated he had told the developers on numerous occasions it is a functional design, but it is not a pretty design. Mr. Bass stated it serves the function of a town home which meets our codes and therefore, staff recommends approval. Bryan Klein, 1361 W. Euless Boulevard, Suite 99, Euless, Texas, stated he is a partner with Hoover/Klein Group Incorporated. Mr. Klein distributed a packet of information and stated that he would go over it briefly. Mr. Klein stated it is a gated community concept which means it is an isolated site that will access State Highway 360 only if it does not take any traffic from the neighborhood or filter traffic back to it. Mr. Klein stated there will be ten residence buildings with thirty five units. Mr. Klein stated that one deviation is there will be common landscaping more than what you would expect from a single family residence. Mr. Klein stated the open space will include a trail, landscaping and post office boxes. Mr. Klein stated codes are written for average circumstances and average pieces of property. Mr. Klein stated they are asking for modification to building separation requirements from thirty feet to fifteen feet typical. Mr. Klein stated if you look at the building elevations you will notice the buildings are just not vertical two story buildings, they actually have sloped roofs so they are in a lower profile overall. Mr. Klein stated the other change to the request is the lot coverage, which is forty percent. Mr. Klein stated this site plan is actually thirty six percent [overall] so the development is within the guidelines. Mr. Klein stated there is another standard that requires two trees and fourteen shrubs for each lot. He stated this development meets that but, looking at the front yard areas you can tell there is not a lot of room for the two trees, fourteen shrubs, parking space, driveway, etc. Mr. Klein stated instead of bunching it all together where the trees would not do very well they are going to place one tree on the site and put the other tree in the open space and the fourteen shrubs on the building site. Mr. Klein stated the number of shrubs called for by code is 568 and said they are over by seven or eight shrubs. Mr. Klein stated the other area that they are asking allowance on is the area of the second story. Mr. Klein stated the code calls for the setback to be sixty foot from the property line Mr. Klein stated the request is to go ahead and occupy a portion of the area on the second story by forty percent. Acting Chairman Robert McMillon stated the floor was open to those in the audience who are in favor of the case. Seeing none, he stated the floor was open for opposition to the case. Keith Wood, 404 Lexington, Euless, Texas, stated he is not sure that he is in objection to the case. Mr. Wood stated he has been following the case since the beginning of May and there have been a couple of concerns. Mr. Wood stated the land has been cleared completely, and there has been significant noise pollution from 360 which they never had prior to the clearing of the land. Mr. Wood stated there are a lot of rats in the back yard. Mr. Wood stated he had been told by Martin Van Wolfswinkel directly (which also reflects in the minutes of March) that he would not clear out the trees, he would do everything he could to maintain large trees which would add value to his property. Mr. Wood stated since the clearing of the trees nothing has transpired. Mr. Wood stated PLANNING AND ZONING COMMISSION MINUTES 6 JANUARY 04,2000 • when this first started he went to another project of Martin Van Wolfswinkel's and walked the property and took some photographs, and seven months later he went back and very little had changed on the property. Mr. Wood stated his greatest concern now is that we have a situation where someone comes in destroys the land and then does not have the financial resources to finish the project. Mr. Wood stated and then the residents are left with desert on the other side of the fence, with additional light and sound pollution and land that is open enough to support additional rats. Mr. Wood asked what assurances we have that if this project is undertaken it will actually be completed in a reasonable amount of time. Mr. Wood asked the City of Euless - whether or not this project goes forward - to do what it can to reinstate the light and sound barriers that the residents once enjoyed. Mike Esterly, 2900 Whetstone Lane, Euless, Texas, thanked Commissioner Hughes for going out and looking at the property. Mr. Esterly stated mention was made by City personnel that the project would create a excellent buffer. Mr. Esterly stated the buffer was not there five years ago when I bought my home. Mr. Esterly stated he did not buy his home with the idea of someone putting a buffer up and he did not see the City coming in and telling him that he had to have a buffer for airplane noise. Mr. Esterly asked the Commission if every piece of vacant land in the City of Euless needs to be developed commercially or otherwise. Mr. Esterly stated was this piece of property originally zoned commercial and it had been changed to town house. He asked if you buy a piece of property for development and you know ahead of time that it doesn't fit • why buy it. Mr. Esterly stated you buy it with the idea that you know you can come to a City board like this and make changes to make your plan change to fit their needs. Mr. Esterly asked if the City of Euless needs town homes in that location, and additional dwellings in that area. Mr. Esterly stated if the developer doesn't have enough room why put so many town homes in. He stated he would like to know what great need there is for how many town homes there are sited in this small lot. Patty Casamassima, 2904 Whetstone Lane, Euless, Texas, stated Mr. Van Wolfswinkel stated he was going to keep the trees, which were taken down. Ms. Casamassima stated she is concerned whether he will do what he says he is going to do. Douglas Thedford, 505 Rosemary Lane, Euless, Texas, stated this was his third meeting on this piece of property. He stated his biggest concern is the two stories. Mr. Thedford said it was stated in a prior meeting that the developer would keep it to a one story type structure. Mr. Thedford stated the property itself is already at a higher level than his property, so if you build a two story you are going to see over into his property even with a twelve foot fence. Mr. Thedford stated with the grade of that property all the water slopes down to the south end. He stated that at the original meeting the developer stated he was only going to put thirty units on the property. Mr. Thedford stated a concern will be an increase in traffic. Michael McGee, 507 Rosemary Lane, Euless, Texas, stated he has owned his house since 1987 and has enjoyed the trees in the lot. Mr. McGee stated it was sad to see the trees come down, and he stated this past summer he suffered rats being in the back PLANNING AND ZONING COMMISSION MINUTES 7 JANUARY 04,2000 • yard. Mr. McGee stated he did not like the way the company has done business on clearing out the land, and he did not like the fact that the developer has gone from a single story to a two story, being twenty feet from my back door. Mr. McGee stated as far as being a buffer, he would need a buffer between them and his residence as opposed to the airport and his residence. Mr. Klein stated he would try to summarize a few issues. Mr. Klein stated one of the first things to occur was the clearance of the trees. Mr. Klein stated if the developer was truly interested in taking down all the trees there would be many more trees gone. He stated the entire south line of this property has trees along it which are remaining that are really enjoyed. Mr. Klein stated when you put town homes together you put them side by side in an entire row to get in one whole platform and the platform has to be level. Mr. Klein stated that with the requirements for the American Disabilities Act wheelchair access and such like that there is not a whole lot of latitude. Mr. Klein stated shrubs will be planted along the entire south and west side, which is required by code. Mr. Klein stated there are no national wetlands on this site. Mr. Klein stated as a setback this property could be used for commercial perhaps it would as Mr. Bass mentioned it is not an ideal site for commercial. Mr. Klein stated if it was used for commercial you would have truck deliveries, light infiltration from adjoining sites and noise that go along with commercial. Mr. Klein stated the concern about density or lot coverage the forty percent is code and we are asking that some of the lots be allowed to go above because some of the lots go below. Mr. Klein stated that they had looked at the lots south of the development, and four of them were above 30% lot coverage, so this development would not involve a doubling factor or tripling factor. Mr. Klein stated that the property is not allowed to drain onto neighboring properties. He stated any time you take a piece of raw land and convert it over to a development it must be able to handle its own drainage. Mr. Klein stated he would like to ask Mr. Van Wolfswinkel to address a couple of items. Martin Van Wolfswinkel, Bivoy, Limited, 2131 N. Collins, Suite 433, Arlington, Texas, stated that the Arlington project has a total of eleven units and nine have been completed. He stated when you drive out there it looks like it is going to cover all the adjoining fields so you might think this project has just started, but in essence it is finished. Mr. Van Wolfswinkel stated it is a rental project so it will not be built to the same standards as this project. Mr. Van Wolfswinkel stated as far as ability to complete the project he could understand their concern. Mr. Van Wolfswinkel stated the company building this project is Bivoy, Limited which consists of himself and one other partner. Mr. Van Wolfswinkel stated together they have in excess of twenty million net worth and can easily finish this project. Acting Chairman Robert McMillon closed the Pubic Hearing. He stated a petition was delivered this afternoon to City staff that is signed by many residents who spoke tonight and the others in the neighborhood in opposition to the project. C PLANNING AND ZONING COMMISSION MINUTES 8 JANUARY 04,2000 • ITEM 2 CASE #99-10-PD — RECOMMENDATION REGARDING A PLANNED DEVELOPMENT Consider a recommendation regarding a request for a Planned Development changing the zoning of Edward Taylor Survey, Ab. 1550, Tr. 1A3. This request is for changing the zoning from TH zoning (Townhouse Dwelling District) to PD zoning (Planned Development based on TH, Townhouse Dwelling District). This property is located to the north and west of the intersection of Fuller-Wiser and S.H. 360. Mr. Bass stated an earlier version of the petition submitted today does not represent twenty percent. Mr. Bass stated with these additional signatures it may. He stated what that means is it will take six of seven City Council members voting in the affirmative to approve this project. Mr. Bass stated it is a very effective tool for landowners to have an additional voice in controlling what happens in their back yard. Mr. Bass stated between now and the City Council meeting, which will be three weeks, staff will work out the exact numbers and determine whether or not it is a twenty percent petition. Mr. Bass stated that on the petition there are items "a" through "g"; a) states they are opposed to two story homes, town homes, apartments or other types of dwelling development. b) requests the developer build 8-10 foot wood fences to the existing homes listed on the map sent by City of Euless as being within the 200 foot. Mr. Bass stated this contradicts with item number "f" which reads an eight foot brick fence around the entire development property. c) requests that any building in the area requested be set back to the 50 foot minimum required distance from any existing property. d) requests two trees minimum per dwelling e) requests no chain link fences or wooded slats. g) requests a minimum six feet evergreen tree line. Mr. Bass stated the petition will be passed on to City Council. Commissioner Hughes stated that looking at his personal preferences as he goes down some of the issues that have been expressed, those are the very same things he would be saying. Mr. Hughes stated he had walked around the neighborhood and the entire property and he can see where the second floor window would look right down into pools and patios, which is visual, intimate contact between the neighbors. Mr. Hughes stated personally he finds that highly objective. Mr. Hughes stated he was also taken aback by the way the land has been treated. Mr. Hughes stated the entrance seems to be in dangerous proximity to the entrance of Fuller-Wiser. Mr. Hughes stated there has not been adequate mitigation for the property owners for the setback. He stated the density is striking, and he did not know how the developer could mitigate those kinds of concerns without going back to the drawing board. C PLANNING AND ZONING COMMISSION MINUTES 9 JANUARY 04,2000 • Commissioner Grove asked if the developer meant to say that forty percent of the foot prints will have second stories that encroach within that twenty feet [setback] area. Mr. Van Wolfswinkel stated that taking the lineal footage of the rear of the building, forty percent of that will be two story and sixty percent of that will be one story. Commissioner Grove asked if there was one of the homeowners here that could speak for this group of signatures to clarify what he perceives as a difference between items "b" and "f'. Mr. Esterly stated the petitioners would like fencing all around the property. Commissioner Grove told Mr. Van Wolfswinkel that he was personally angered by the treatment the land has suffered, and that personally he cannot support the project as it is laid out now. Commissioner Sloan stated he has a problem with the twenty feet [setback] and with access. He asked what the time frame would be for completion. Mr. Van Wolfswinkel stated that they have been working with Charles Humphries of the Highway Department and we have a draft of the acceleration and deceleration lane in a holding area. Mr. Van Wolfswinkel stated they are also working with the City of Euless Police Department and believe they have an acceptable design that will be safe. Mr. Van Wolfswinkel stated they anticipated starting eight units initially, selling the eight units, thenbuilding the rest of the project at one time. Mr. Van Wolfswinkel stated it is probably a nine month project, eleven months at the most. Commissioner Tarin asked if the town homes were going to be in the price range of $150,000.00 to $170,000.00. Mr. Van Wolfswinkel stated of the lower price would be $130,000.00, with the average price being $150,000.00. Commissioner Tarin stated if I understand the town house concept you buy the land that the town house is on. Mr. Van Wolfswinkel stated yes. Commissioner Tarin asked concerning the maintenance of the grounds do the land owners do it themselves or do you have a town house association to maintain the property. Mr. Van Wolfswinkel stated the individual lots would be maintained by the individual land owners and the common area and the roads are maintained by neighborhood organization. Commissioner Tarin asked and it has to be two story. Mr. Van Wolfswinkel stated in order to get the value it has to be two story. He said if he is forced to build one story I will build it as a rental project. C PLANNING AND ZONING COMMISSION MINUTES 10 JANUARY 04,2000 Acting Chairman McMillon stated there has been several comments that we need to address. He asked Mr. Bass to address the comment Mr. Esterly brought up regarding the rezoning from commercial to town homes. Mr. Bass stated up until about three years ago this lot was zoned C-I commercial and the land owner Mr. Van Wolfswinkel approached the City about placing a town home project on it. Mr. Bass stated the City Council accepted his request and rezoned it to town home. He stated that town homes are not apartments they are single family ownership. Acting Chairman McMillon asked Mr. Bass to address the clearing of the land. Mr. Bass stated unfortunately City of Euless does not have a tree conservation ordinance. Acting Chairman McMillon stated that one of the comments Mr. Esterly brought up is whether every piece of property in Euless need to be developed. Acting Chairman McMillon stated no it does not need to be developed. He stated when someone comes to the City and asks to develop a piece of property the staff works with the developers to try to develop a piece of property because it adds value on a tax base to the City which helps mitigate what our tax base is as individual homeowners in the City. Acting Chairman McMillon stated the appointed officials work very close with City staff and developers to ensure that the city gets the very best in product on a piece of property that is within our codes and standards and is acceptable to the community. Acting Chairman McMillon stated that he agreed with the other Commissioners' concern about • building two story homes within twenty feet of a property line. Acting Chairman McMillon stated there is a lot of concern regarding this property among the Commission primarily related to density and building setbacks. Mr. Van Wolfswinkel stated it seems like everything boils down to two critical issues, one being the setback. He stated if he were building single family homes he would be allowed to go thirty feet from the property line. Mr. Van Wolfswinkel requested conditional approval and offered to redo the plans using a thirty feet setback. Mr. Van Wolfswinkel stated that he was willing to put up an eight feet privacy fence along the rear of the town homes. Mr. Van Wolfswinkel stated he does not want to put up a masonry wall because it means taking out all the natural shrubbery and all the fifty seven trees that remain in addition to the four large trees that he did not take out. Acting Chairman McMillon stated it would be difficult for the Commission to give a conditional approval on something they have not had a chance to review and evaluate. Acting Chairman McMillon told Mr. Van Wolfswinkel that if he is are willing to go back and rework with the staff again and come up with a change in plan that would mitigate some of the concerns of the various homeowners, the Commission would be happy to look at it. Commissioner Sloan made a motion to table Case #99-10-PD, directing the developer to work with staff on a plan that will be acceptable both to the City and property owners and directing staff to renotify all homeowners. PLANNING AND ZONING COMMISSION MINUTES 11 JANUARY 04,2000 Commissioner Hughes seconded the motion. City Attorney Paul Wieneskie stated for clarification that the developer cannot legally be required to go and get the concurrence of any certain number of the surrounding property owners. Mr. Wieneskie stated what you can require him to do is work with the staff to come up with a new plan and hopefully that new plan will be more acceptable. Mr. Wieneskie stated he can not be required to get the concurrence of any number of homeowners in order to come back before this Commission. The vote was as follows: Ayes: Commissioners McMillon, Tarin, Grove, Hughes, Sloan Nays: None The motion carried. ITEM 3 CASE #99-11-SUP — PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT Receive public input regarding a request for a Specific Use Permit on Edward Taylor Survey, Ab. 1550, Tr. 1A3, for a Private Street Gated Community in PD zoning (Planned Development based on TH, Townhouse Dwelling District). This property is located to the north and west of the intersection of Fuller-Wiser and S.H. 360. Acting Chairman McMillon stated that the Commission would open the Public Hearing and table it, tied to the reopening of the Planned Development case. Commissioner Grove made a motion to table Case #99-11-SUP until a time indefinite. Commissioner Tarin seconded the motion. The vote was as follows: Ayes: Commissioners McMillon, Tarin, Grove, Hughes, Sloan Nays: None The motion carried. ITEM 4 CASE #99-11-SUP RECOMMENDATION REGARDING A SPECIFIC USE PERMIT Consider a recommendation regarding a request for a Specific User Permit on Edward Taylor Survey, Ab. 1550, Tr. 1A3, for a Private Street CGated Community in PD zoning (Planned Development based on TH, PLANNING AND ZONING COMMISSION MINUTES 12 JANUARY 04,2000 • Townhouse Dwelling District). This property is located to the north and west of the intersection of Fuller-Wiser and S.H. 360. It was the consensus of the Commission to table Case#99-11-SUP until time indefinite. ITEM 5 CASE #99-12-SP— RECOMMENDATION REGARDING A SITE PLAN Consider a recommendation regarding a request for a Site Plan for a Private Street Gated Town House Community proposed to be located at Edward Taylor Survey, Ab. 1550, Tr. 1A3, to the north and west of the intersection of Fuller-Wiser and S.H. 360. Commissioner Hughes made a motion to table Case # 99-12-SP. Commissioner Sloan seconded the motion. Ayes: Commissioners McMillon, Tarin, Grove, Hughes, Sloan Nays: None The motion carried. Mr. Bass stated the developer is directed by staff to make contact with the landowners, especially those who signed the petition. Mr. Bass stated he would make available a City facility for a meeting of all concerned parties. ITEM 6 CASE #99-13-SUP — PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT Receive public input regarding a request for a Specific Use Permit on a portion of J.P. Halford Survey, Ab. 711, Tract 7C, for a car wash in C-2 zoning (Community Business District). This property is located approximately 300 feet north of Midway Drive on the east side of F.M. 157. Mr. Bass stated that this case is an element of an overall Land Plan approved by the Commission that included all this ownership. He stated the Land Plan was approved with a series of conditions that he would discuss as the case goes on. Mr. Bass stated the site is currently zoned C-2 commercial, and that car washes are allowed in C-2 commercial. Mr. Bass stated the reason a Specific Use Permit is required is that City Council about two years ago said not every car wash, garage or storage facility can go anywhere without creating a problem. Mr. Bass stated City Council said those types of uses needed to be scrutinized at a higher level, so they pulled these uses out of the "permitted by right" category and put them into the "Specific Use Permit" category. Mr. Bass stated the principal purpose of a SUP is to mitigate negative on and off site impacts. Mr. Bass stated in terms of overall environmental impact relative to homes you have the eight feet wall, the minimum ten feet landscape strip and a buffer space. Mr. PLANNING AND ZONING COMMISSION MINUTES 13 JANUARY 04,2000 • Bass stated it is a laser operated car wash, with two bays. Mr. Bass stated in terms of environmental impacts those are very noisy vacuum machines generally speaking. Mr. Bass stated the developer has proposed and our Building Official has reviewed the specifications for sound attenuated vacuum cleaners that cut down significantly the amount of ambient noise put out by the vacuum cleaners. Mr. Bass stated in terms of environmental impact there are additional trees being volunteered which are sound buffers and light attenuation buffers, and there is additional landscaping in front that exceeds our code. He stated the facility is 100% masonry. Mr. Bass stated with the adjacency of the RaceTrac and with the adjacency of the vacant land and the fact that the road is a peripheral road to the City of Euless a car wash is not a bad use. Mr. Bass stated could there be changes to the site in terms of additional landscaping or other factors to mitigate negative impacts He stated that generally speaking, staff supports this project. Mr. Bass stated there is a common access easement, and that this potential developer had worked with RaceTrac to get a common point of access. Mr. Bass stated City staff working with the developer and owner had worked out only two access points. Acting Chairman McMillon opened the Public Hearing and asked the applicant or owner's representative to make a brief presentation. Marshall Van Dyke of Glenn E. Lyons Incorporated, 2902 Carlisle Suite 200, Dallas, Texas, stated he represented the landowner. Mr. Van Dyke stated he has been working with staff for over a year on the project, and that he appreciated all the work of Bo Bass and Ron Young. Mr. Van Dyke stated one problem we have had on this property was all the garbage, oil cans, etc., the things we get on our property from RaceTrac customers, and that the owner had to find something that was a good buffer from RaceTrac. Mr. Van Dyke stated when he was first approached with the idea of placing a car wash he stated he did not like car washes and the applicants responded by saying this is not your typical car wash. Mr. Van Dyke stated he looked at several of their facilities, one of which was next to a RaceTrac, and it fit. Mr. Van Dyke stated the other thing that made him say "fine let's get this under contract" is they have an attendant on duty eight to ten hours a day and that will save a lot of problems. Mr. Van Dyke stated it is a good facility, they have worked with the neighbors, and they have addressed all the neighbors' concerns. Rod Tatchio, 4605 Westridge Trail, Sherman, Texas, stated he represented Twin Distributing. Mr. Tatchio stated they have tried to develop a very attractive car wash, and that both of the bays on the car wash are going to be automatic. He stated it will be a buffer between the RaceTrac property and other developments. Mr. Tatchio stated visibility is a very important aspect for a successful project so being located towards the front of the property is important. He stated drying canopies are about thirty feet behind the car wash. Mr. Tatchio stated that the project would essentially only pave half of the property; the back portion would be unpaved landscaped. Mr. Tatchio stated there is approximately 119 feet from the back of the canopies to the back property line, and that there will be a screened eight feet precast concrete wall. C PLANNING AND ZONING COMMISSION MINUTES 14 JANUARY 04,2000 Commissioner Hughes asked if the wall would be reinforced, to which Mr. Tatchio replied that it is reinforced with wire. Commissioner Hughes asked if it has vertical reinforcement as well. Bobby West, Route 4, Box 1170, Denison, Texas, representing the applicant, stated that it is wire mesh wire that you would put in concrete. Acting Chairman McMillon asked if there was anyone in the audience who would like to speak in favor of the case. Dawna Jennings, 609 Parker, Euless, Texas, stated she was speaking "in favor with reservations". Ms. Jennings thanked Bo Bass for coming up to the neighborhood and seeing what effect the RaceTrac has on adjoining property owners. She also thanked Mr. Van Dyke and the others who came to the meeting. Ms. Jennings stated one of the things that is positive is the fact that the applicant was willing to work with the neighboring property owners not only with the fence, but the buffer area . Ms. Jennings stated there was good response in the meeting in reference that they will use buffer trees and landscaping, etc., instead of installing the playground. Ms. Jennings stated they also had stated that the lights will not affect the houses since they will be directed forward as opposed to back. Ms. Jennings stated the applicant offered trees on neighboring property owners' side of the fence but that the owners prefer shrubs. She stated the neighboring property owners would like the fence at the applicant's property line and not at their property line. Ms. Jennings asked Mr. Bass to clarify access behind the property. Mr. Bass showed • the graphic and explained the access points. He stated that there would be a minimum 24 feet easement along the back property line. Ms. Jennings stated she would like to have a list of where the existing car washes [like this one] are, especially the one existing by the RaceTrac. Ms. Jennings asked why it is called laser car wash. Mr. West stated it is just a name. Ms. Jennings asked if it would therefore not have any lasers that activate it on and off, to which Mr. West replied no, it is a brand name. Ms. Jennings asked why the adjoining property owners were not getting the fence right now. Mr. Van Dyke stated the landowner does not have the money to put the fence up all the way to the end. Ms Jennings requested that the fence be extended to all those within 200 feet of the proposed car wash. Mr. Van Dyke stated that on the Land Plan the property owner had agreed to put the fence up as development occurred. Don Dillard, 701 Parker Drive, Euless, Texas, stated that Mr. Van Dyke has agreed to turn the lights out and shut the operation down from midnight to 6:00 a.m. Mr. Dillard stated he did not think the playground was necessary, and that he did not think the City should be voting for something like that near a highway. Mr. Dillard stated he did not want any trees within ten feet of the property line. He stated he agreed with Ms. Jennings that Mr. Van Dyke should build a fence all the way across the whole amount of space. Mr. Dillard stated he is for what Mr. Van Dyke has proposed. C PLANNING AND ZONING COMMISSION MINUTES 15 JANUARY 04,2000 Lloyd Charles Simmons, 509 Parker Drive, Euless, Texas, thanked Mr. Bass, Mr. Van Dyke, Mr. West and everyone who is involved with the project. Mr. Simmons also thanked the City of Euless for providing a place to meet to discuss this. Mr. Simmons presented a handout. Mr. Simmons stated that in his understanding 1) Laser wash will build 8' masonry type screening fence on their property line. 2) Laser Wash has agreed to close from midnight to 6:00 a.m. at which time lights will be turned off with the exception of minimum security light, 3) at the property owners' request, the playground was removed and was replaced by landscaping. the property owners would like to see those trees that were designed to go back behind the property line moved into the area where the playground will no longer be. Mr. Van Dyke stated he agreed to all of that but the only thing the he could not do was to build the fence all the way across the property. Mr. Van Dyke stated the lighting was not going to be any brighter because of what the RaceTrac has. Mr. Van Dyke stated everything that the homeowners have objected to and wanted us to change he will be more than happy to change. Mr. Van Dyke stated he appreciated Mr. Bass, the City staff and all the homeowners. Mr. Van Dyke stated there was an individual who did not want the lights turned out who is not present tonight. Mr. Marshall stated her concern was it causing a security problem with the lights turned out. • Ms. Jennings stated she was concerned about the noise factor. Ms. Jennings requested the operation hours [be ended] from 10:00 p.m. to 6:00 a.m. if that is a possibility. Ms. Jennings stated she not familiar with the noise curfew in the City of Euless. Mr. Bass stated the only noise curfew that he was familiar with is relative to construction and that is 10:00 p.m., but it does not pertain to operation of the site. Mr. West stated it is a car wash where people do not get out of the car. He suggested maybe they could turn out the lights over the vacuum area and then they would have no lights to get out of their car to do any vacuuming. Mr. West stated because of this being an in bay unit he would like to be able to leave the lights on so that people would not go inside and vandalize the machine inside the bay. Mr. West stated he would prefer to operate 24 hours. Sheila Dillard, 701 Parker Drive, Euless, Texas, stated the noise factor that we are all talking about is not the car wash, it is the loud music and loud mufflers and racing of engines. Mr. West stated the people do not get out of their cars, therefore the neighbors will not hear loud music. Acting Chairman McMillon closed the Public Hearing and opened the case for discussion among the Commissioners. C PLANNING AND ZONING COMMISSION MINUTES 16 JANUARY 04,2000 ITEM 7 CASE #99-13-SUP — RECOMMENDATION REGARDING A SPECIFIC • USE PERMIT Consider a recommendation regarding a request for a Specific Use Permit on a portion of J.P. Halford Survey, Ab. 711, Tract 7C, for a car wash in C- 2 zoning (Community Business District). This property is located approximately 300 feet north of Midway Drive on the east side of F.M. 157. Commissioner Tarin he would like to see the operation closing from 10:00 p.m. to 6:00 a.m. Mr. Tarin stated by leaving the lights on and shutting down the vacuums people are going to get upset because they can not get to the vacuums which will cause vandalism. Mr. Tarin stated all the other issues he was going to address had been addressed. Commissioner Hughes asked what level of sound from the vacuums would be at the property line. Mr. West stated we have an independent engineering study that shows with the quieting system that the vacuums cannot be heard from sixty feet away. Commissioner Hughes asked if the landscaped area would be irrigated so that it would not become a wasteland. Mr. West stated yes. Commissioner Hughes stated whatever time is established as far as cutting off the • vacuum and lights he would propose that the whole area be cut from power. Commissioner Sloan asked if the building could be secured with bay doors. Mr. West stated at midnight to send somebody out there to close the bay doors it will be cost prohibitive, and that to keep a door working in such a wet environment would be difficult. Commissioner Grove stated when he read the case he had some real doubts as to whether or not this constitutes the highest and best value of the land, particularly in light that it is right next door to a new highway. Commissioner Grove stated he has been persuaded to a large degree by the argument that a buffer is needed between the existing RaceTrac and the rest of the land to be developed. Commissioner Grove stated this is probably a good transitional use buffer. Commissioner Grove stated what he would hate to see the rest of the land used for other automotive uses, and he would like to see some more professional type uses for that land. Commissioner Grove stated he is also swayed by seeing the homeowners' acceptance at least in principle of this project. Commissioner Grove asked what percentage if any of the wastewater will be recycled. Mr. West stated it does not have a recycling system. He said it will be recapturing water in the reverse osmosis unit that makes the spot free water. Commissioner Grove stated his other concern was the flow of traffic through the facility. He stated he understood there would be two bays on the front and he is assuming the PLANNING AND ZONING COMMISSION MINUTES 17 JANUARY 04,2000 user would pull in from the west side of the structure pulling straight through upon completion of the wash cycle into the drying bay. Mr. West stated there are blowers that dry as they come out. Mr. West stated a majority will drive out to the highway and the others who want to detail their car will park in the canopy area. Commissioner Grove stated if they pulled in there do they have to back up and are they in jeopardy of backing into someone coming out of the wash unit. Mr. West stated they had allowed thirty feet, and they normally only allow 24 feet, so they have allowed some additional space. Commissioner Grove stated the hours of operation are in question at this point. He asked what hours they intended to have an attendant on site. Mr. West stated the busiest time of day varies with the season. He stated in the summer they would have someone there ten to twelve hours a day and in the winter they would have someone there eight to ten hours a day, no earlier than 7:00 a.m. and no later than 10:00 p.m. Commissioner Grove asked what type of duties the attendant would perform while there. Mr. West stated picking up trash and assisting customers going through. Commissioner Grove asked as one other duty could the applicant please ask that they limit the sound levels. Mr. West stated they would put signs up that say so. Acting Chairman McMillon asked how many days a week the attendant would be at the facility. Mr. West stated seven days a week. Acting Chairman McMillon asked what the typical charge would be to use the facility. • Mr. West stated five to eight dollars. Commissioner Tarin asked how long the laser product has been in existence. Mr. West stated twelve to fourteen years. Rick Jennings, 609 Parker Drive, Euless, Texas, asked how long does it takes for a person to enter the facility, pay his fee, and exit the other side. Mr. West stated three to five minutes. Mr. Jennings asked if there are ten cars waiting to go in the car wash where will they be stacked. Mr. West stated that the drawings show the amount of cars stacked that the City will allow. Mr. West stated he would like to be able to be open 24 hours and that because of the concern brought up of people's radios making noise he would shut down his vacuum area so that no one could exit their cars and therefore the neighbors would never hear their radios. Acting Chairman McMillon stated that what he was hearing is that the applicant was in agreement with the things that are on the list, but wanted to leave the washing operation 24 hours a day and have the vacuum area shut down. Mr. West stated he would shut it down from 10:00 p.m. to 6:00 a.m. C PLANNING AND ZONING COMMISSION MINUTES 18 JANUARY 04,2000 Mr. Simmons stated what they had mutually agreed to begin with that it would be closed • period from midnight to 6:00 a.m., not just the vacuum area. Mr. West stated that is correct, that he did agree to closing the entire car wash from midnight to 6:00 a.m. Commissioner Tarin stated is there a possibility of varying hours. Mr. West stated they would work with anything. Commissioner Sloan made a motion that the request be approved on the condition that the four items given to the Commission by Mr. Simmons be initiated, adding a fifth one being that an attendant be on duty on the average of ten hours a day, seven days a week and number six being that a landscape plan must be submitted by the developer for staff approval. Mr. Sloan stated on item three just include the first sentence, striking the language of "and/or trees" and striking the other language and on item four just including the first two sentences only, striking the other language. Commissioner Hughes stated on item six the landscaping would include irrigated space. Commissioner Tarin seconded the motion. The vote was as follows: Ayes: Commissioners McMillon, Tarin, Grove, Sloan Nays: Commissioner Hughes • The motion carried. Acting Chairman McMillon stated this case would go to City Council in three weeks. Mr. Bass stated the adjoining property owners would not receive an additional written notification. Acting Chairman McMillon stated this Commission is a recommending Commission only and City Council has final approval. ITEM 8 CASE #99-01-SP— RECOMMENDATION REGARDING A SITE PLAN Consider a recommendation regarding a request for a Site Plan for a car wash proposed to be located at a portion of J.P. Halford Survey, Ab. 711, Tract 7C, approximately 300 feet north of Midway Drive on the east side of F.M. 157. Bo Bass, Director of Planning and Development, stated there was not much to add to this other than the fact that there had been some changes recommended by Planning and Zoning that will go to City Council. Mr. Bass recommended that the Commissioners approve this ministerial function because it does meet all the City's code requirements, C PLANNING AND ZONING COMMISSION MINUTES 19 JANUARY 04,2000 and that the Commissioners direct the developer as well as the staff to ensure that all those elements that have been changed on the SUP graphic flow through. Acting Chairman McMillon asked the City Engineer if he was comfortable with the Site Plan drainage. City Engineer Ron Young answered yes. Commissioner Hughes stated he had asked earlier how the northern part of the property was going to be finished. Commissioner Hughes asked how it is going to transition from the pad site to the property line to the unimproved area. He asked how the applicant would treat that area due to the grade. Mr. Tatchio stated he expected the grass to take care of any water that comes from the north to this property. Commissioner Hughes asked if the concrete pad will determine the property line. Mr. Tatchio stated this was correct. Mr. Bass suggested the applicant mention the approach for keeping the car wash's water from flowing onto the RaceTrac. Mr. Tatchio stated they would transition the new concrete with the existing concrete of the RaceTrac. Mr. Tatchio stated from that point back there is a curb that will contain water on our site to bring it to an area that will drain both at that back where the curb begins and in the front entrance area. Commissioner Hughes made a motion recommending that the Site Plan be approved with the stipulations added, with corrections and additions to be made from the previous proposal for the SUP. Commissioner Grove seconded the motion. The vote was as follows: Ayes: Commissioners McMillon, Tarin, Grove, Hughes, Sloan Nays: None The motion carried. Acting Chairman McMillon called for a five minute break. The meeting resumed at 9:49 p.m. ITEM 9 CASE #99-09-PD — PUBLIC HEARING REGARDING A PLANNED DEVELOPMENT Receive public input regarding a request for a Planned Development changing the zoning of R. Crowley Survey, Ab. 312, Tr. 3B, 4E6, 4J. This request is for changing the zoning from CUD 678 and CUD 680 zoning (Community Unit Development (CUD) for R-3 multifamily at 27 units per acre and CUD for R-5 development at 27 units per acre) to PD zoning (Planned Development based on R-5, Multiple Family High Density PLANNING AND ZONING COMMISSION MINUTES 20 JANUARY 04,2000 • Dwelling District. This property is located at the northeast corner of Village Drive and Ash Lane. Bo Bass, Director of Planning and Development, stated the project is an infill project that is surrounded by multi-family. He stated that City Council purposely three years ago increased the zoning standards relative to multi-family to the highest in the metroplex to weed out the slackers. Mr. Bass stated this is a good project and a good development group representing the project. Mr. Bass stated there were a series of deviations that were discussed in length in the presession meeting and he would not go over those in great detail, but that in the last year the City Council and the Planning and Zoning Commission had recommended three other multifamily projects all of which came after the multifamily design standard change, and all of which had certain elements of deviation. Mr. Bass stated the deviations the developer would be asking for tonight were no more or no worse or no greater than what had been approved on the prior three projects. Mr. Bass stated staff recommends approval. Acting Chairman McMillon asked the applicant or owner's representative to make a brief presentation. Scott Rodgers, 8144 Walnut Hill Lane, Suite 550, Dallas, Texas, stated he is with First Worthing Company, which is a Dallas based apartment developer, manager and construction company all in-house. Mr. Rodgers stated anything they develop they continue to own and/or manage throughout the life of the project. Mr. Rodgers stated • the architect and designer of the project was also present - Mark Serold from Fusch- Serold Architects who is very well known throughout the country for apartment development. Mr. Rodgers stated there would be a mixture of two story and three story buildings. He stated they had placed the two story buildings in certain areas, and that much of this had been generated from the setback issues that are set by the City of Euless. Mr. Rodgers stated it was also set by the visibility from Ash and Village Lake. He stated there is a sloping side from Ash and Village where the development would have a club house. Mr. Rodgers stated there would be two story buildings at the top of the site or to the east and the development would be sloping down towards the park land. Mr. Rodgers stated as the property slopes down the three story buildings will be placed. He stated many of the projects in the Bear Creek area are three stories. Mr. Rodgers stated we are seeing strong occupancy in this market and the incomes we see in the market even on a one mile radius the household incomes are above $60,000 a unit as an average. Mr. Rodgers stated it would be a nice sized, large project which allows them to do a clubhouse and amenity center that is comparable to any high end project in town and yet not get into a five or six hundred unit development. Mr. Rodgers stated there are two factors in designing this Site. Mr. Rodgers stated a tree survey was done on the site before the company laid out the Site Plan. Mr. Rodgers stated the trees are concentrated on what looks like an old fence line that existed on the site and that they were trying to save as many of those trees as they could. Mr. Rodgers stated the second factor is that the land slopes down to a flood plain and the flood plain adjoins the park land. Mr. Rodgers stated it takes up twenty percent of the site. Mr. Rodgers stated it has a big effect on the project. PLANNING AND ZONING COMMISSION MINUTES 21 JANUARY 04,2000 • Acting Chairman McMillon asked if there was anyone in the audience who would like to speak in favor of or in opposition to the case. Seeing none he closed the Public Hearing. ITEM 10 CASE #99-09-PD — RECOMMENDATION REGARDING A PLANNED DEVELOPMENT Consider a recommendation regarding a request for a Planned Development changing the zoning of R. Crowley Survey, Ab. 312, Tr. 3B, 4E6, 4J. This request is for changing the zoning from CUD 678 and CUD 680 zoning (Community Unit Development (CUD) for R-3 multifamily at 27 units per acre and CUD for R-5 development at 27 units per acre) to PD zoning (Planned Development based on R-5 Multiple Family High Density Dwelling District. This property is located at the northeast corner of Village Drive and Ash Lane. Commissioner Sloan asked regarding the 27% of the property what are the plans for developing it and also how would it blend in with the park amphitheater. Mr. Rodgers stated right now with apartment development in order to get any financing on the project he needed to stay out of flood plain area. Mr. Rodgers stated he is not going to develop any structures within the flood plain since they are not allowed to obstruct any possible flooding in that area. Mr. Rodgers stated they considered it an amenity to have some • open space within the project. Commissioner Sloan asked if there would be no landscaping in that area. Mr. Rodgers stated he does not suggest they do a lot of landscaping in the flood plain area. Mr. Rodgers stated in the flood plan areas he has done before one of the nicest things he did was placing wildflowers in the area. Mr. Rodgers stated with an open area like this it really makes for a nice area. Acting Chairman McMillon asked Mr. Bass to address what is typically done from the City's point of view. Mr. Bass stated that on the maintenance issue on the flood plain, at the point of platting we will have that as a separate parcel and the owners will execute a perpetual maintenance agreement. Mr. Bass stated the City will have what stroke is needed to make sure it is maintained on a regular basis. Commissioner Hughes stated there looked to be a conflict on the definition of a flood plain; there is a Euless flood plain as well as another. Mr. Young stated a flood plain study was prepared by Teague, Nall, and Perkins to address this particular area specifically. Mr. Young stated they do propose some minor filling that will have to be resolved with FEMA to correct the maps. Commissioner Hughes asked if that would create any jeopardy for this plan. Mr. Young stated no, City staff will not allow them to raise the water surface or increase velocity. C PLANNING AND ZONING COMMISSION MINUTES 22 JANUARY 04,2000 ® Commissioner Tarin asked how many entrances the project had. Mr. Rodgers stated there is one off of Ash, which has been discussed several times including input from the Police Department and Fire Department. Mr. Rodgers stated the desire is on that specific entrance to keep people from when they are heading east on Ash to cut across through that. Mr. Rodgers stated we are going to try to design an entrance where you can only be turning right into the site. He continued, as you turn around the corner there is another entrance right near the corner of Village and Ash which will be a major entrance. Mr. Rodgers stated that further down Village toward the far north end of the site there is what he believed to be an exit only, and the stated that at the minimum it is not going to allow visitors to enter there. Mr. Bass stated the entrance has been discussed and the engineer has been involved. Mr. Bass stated it is not a good situation geometrically but it does meet our standards. Mr. Bass stated that the applicant would be redesigning the entrance on the Site Plan. Commissioner Grove asked what the rent would be. Mr. Rodgers stated it appears right now it will be right at the highest rent within that market which is averaging around $99- 97 per square foot. Mr. Rodgers stated they are fairly large units on average and the smallest unit size will probably get a range of $600-750 per month. Mr. Rodgers stated the three bedroom units, which are slightly over 1,300 square feet, will probably rent right at $1300 a month. Mr. Rodgers stated that does not include garage rent, carport rent or any other premiums. • Commissioner Hughes made a motion to recommend that Case #99-09-PD be accepted as presented. Commissioner Tarin seconded the motion. The vote was as follows: Ayes: Commissioners McMillon, Tarin, Grove, Hughes, Sloan Nays: None The motion carried. ITEM 11 CASE #99-16-SUP — PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT Receive public input regarding a request for a Specific Use Permit on R. Crowley Survey, Ab. 312, Tr. 3B, 4E6, 4J, for multifamily dwellings in PD zoning (Planned Development based on R-5, Multiple Family High Density Dwelling District). This property is located at the northeast corner of Village Drive and Ash Lane. Mr. Bass stated the single purpose of the SUP is to determine whether this design to the best of its ability has mitigated negative impact both onsite and offsite. Mr. Bass PLANNING AND ZONING COMMISSION MINUTES 23 JANUARY 04,2000 stated there is an excellent buffering between our park and the multifamily use itself. He stated the reluctant, but certainly acceptance of placing the wrought iron in the east and west elevation of the property has been most welcomed by staff. Mr. Bass stated they have done their best with the land that they have and the radius of the curb to really soften the impact of the three story development. Mr. Bass stated normally when you look at a situation like this you have parking that is backed up to the property line adjacent to the road; however, in this case you have a landscaped strip, the internal road, and then parking. Mr. Bass stated staff recommends approval. Acting Chairman McMillon opened the Public Hearing and asked if the developer would like to address any items. The applicant indicated he did not, and Acting Chairman McMillon closed the Public Hearing and opened the case for discussion among the Commission. ITEM 12 CASE #99-16-SUP— RECOMMENDATION REGARDING A SPECIFIC USE PERMIT Consider a recommendation regarding a request for a Specific Use Permit on R. Crowley Survey, Ab. 312, Tr. 3B, 4E6, 4J, for multifamily dwellings in PD zoning (Planned Development based on R-5, Multiple Family High Density Dwelling District). This property is located at the northeast corner of Village Drive and Ash Lane. • Acting Chairman McMillon stated in our packet there is a letter dated January 4, 2000, from Mr. Bass related to this that states a couple of issues we may need to talk about, one being the traffic safety on the south entrance and two being the placement of buildings 7 and 14 relative to internal traffic safety. Mr. Bass stated that during the DRC process the Fire Department, Police Department, Engineering and Planning had some concerns about the access point on Ash Lane. Mr. Bass stated instead of coming up with a specific design fix within the time frame staff had for approval the staff gave the developer the option of making that design fix at the time of Site Plan which will follow this approval. Mr. Bass stated staff has faith that they will make the design change; otherwise staff will not send the Site Plan to the Commission. Mr. Bass stated he would ask the Commission to have faith in the process where you could approve the SUP as being submitted realizing that you will see the Site Plan following all of this that will show the redesign of the intersection. Mr. Bass stated the redesign will be trying to design that in such a way that you would have to make a broke back curve to go right or west bound out of the intersection. Mr. Bass stated that design has met with the Fire Chief's approval as well as the Police captain. Mr. Bass asked Mr. Young if engineering is fine with it. Mr. Young stated yes. Mr. Bass stated the second item concerns the placement of buildings 7 and 14 relative to internal traffic safety, since the garages open up on the radius of the internal circulation road. Mr. Bass stated those two issues will be corrected during the course of site design as the City Engineer is aware. Mr. Bass stated neither one of those issues are pertinent. PLANNING AND ZONING COMMISSION MINUTES 24 JANUARY 04,2000 Acting Chairman McMillon asked Mr. Bass to brief the Commission on some minor changes from an SUP and Planned Development when it gets to a Site Plan and how staff handles those. Mr. Bass stated there will always be certain changes between concept zoning layout to actual plan and placement of the facility themselves. He stated if they are significant, the whole process will come back to the Commission. Mr. Bass stated the code says that he can approve alterations to internal circulation within limits as well as the general lot placement. Acting Chairman McMillon stated such issues have been addressed in the past and as the Commission approves something we put our faith with staff that they are going to see what the developer builds and if they do make substantial changes they will bring it back to the Commission. Commissioner Tarin stated what are the chances of a sidewalk going from the back of the apartments to have easy access to the park. Mr. Rodgers stated he does not have any doubt that they are going to do that. He stated he will have to work with the landscape architect to find out what the exact contouring to allow it, since he does not want something that is going to wash out over time. Mr. Rodgers stated the park is an amenity to the site. Commissioner Tarin asked if the Commission could make approval contingent to • placement of a sidewalk, and then leave it up to staff and the developer to figure out where it will be located. Mr. Rodgers stated he will agree to that. Commissioner Grove asked for clarification on whether the Commission would be recommending approval on the SUP assuming some stipulations addressing the entrance and radius issues would be addressed with the final Site Plan, and that the Commission would be accepting all the deviations per code. Commissioner Tarin made a motion to recommend approval of Case #99-16-SUP with certain stipulations - one being the developer work with staff on the sidewalk access to the park, and work out a traffic plan for safety at the drive approach of Ash Lane entrance and the realignment of buildings 7 and 14 for internal traffic safety. Commissioner Hughes seconded the motion. The vote was as follows: Ayes: Commissioners McMillon, Tarin, Grove, Hughes, Sloan Nays: None The motion carried. C PLANNING AND ZONING COMMISSION MINUTES 25 JANUARY 04,2000 ITEM 16 REPORTS C There were no reports. ITEM 17 DIRECTOR'S REPORT There was no report. There being no further business, Acting Chairman McMillon adjourned the meeting at 10:30 p.m. Robert McMillon Date Acting Chairman C C