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HomeMy WebLinkAbout2002-07-16 PLANNING AND ZONING July 16, 2002 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Chairman McNeese at 6:37 p.m. for consideration of scheduled items in the Council Chambers in Building "B" of the Municipal Building. Chairman McNeese stated there was a quorum of members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT Chairman McNeese Ron Hughes Vice Chairman Grove Bill Tarin Monty Huffman John Deithloff Tony May Mike Collins, Director of Planning and Development Eric Wilhite, Planning and Development Manager Ron Young, Dir. of Public Works Charles Anderson, Fire Inspector Bill Ridgway, Director of Economic Development Karla Allen, Administrative Secretary VISITORS: Shawn Gasperich, Turner, Collier& Braden Tom Kline Jay Childs, Dietz Engineering and other visitors as noted in the visitors' register. THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Tarin and Invocation was given by Chairman McNeese. APPROVAL OF MINUTES Commissioner Tarin made a motion to approve minutes from June 18, 2002 as written. Commissioner Deithloff seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Tarin, Huffman, and Deithloff. Nays: None Abstention: Commissioner May The motion carried (5-0-1). Planning and Zoning Commission Minutes Page 2 July 16, 2002 ITEM 1 CASE #02-03-SUP — HOLD PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT (RENEWAL) AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE. Receive public input regarding a request for a Specific Use Permit (Renewal) on Morrisdale Square Addition, Block 1A, Lot 2A2, for a Church in C2 (Community Business District) zoning, and consider a recommendation regarding an Ordinance. This property is located on 4703 W. Pipeline Rd. Mike Collins, Director of Planning and Development, gave a brief overview of the case. This proposal was for a Specific Use Permit for a church use. The applicant has withdrawn the application and will no longer be operating in the City of Euless. Chairman McNeese opened the public hearing. Chairman McNeese asked for any proponents/opponents and seeing none the public hearing was closed. Chairman McNeese stated there was no action to be taken by the commission because the item has been withdrawn. ITEM 2 CASE #02-03-ZC — PUBLIC HEARING REGARDING A ZONING CHANGE AND CONSIDER A RECOMMENDATION REGARDING AN ORDINANCE. Receive public input regarding a request for a Zoning Change of E. Rodgers Survey, Abstract 1299, Tract 1B3 & portion Tract 1B2 from C-2 (Community Business District) zoning to R-1 L (Single Family Limited Dwelling District) zoning and consider a recommendation regarding an Ordinance. This property is located on Pipeline Rd. approx. 360 ft east of Industrial Blvd. Mike Collins, Director of Planning and Development, gave a brief overview of this case. Zena Land Development is proposing a zone change request for a 23.5 acre parcel. This property is located on the corner of S. Pipeline Rd. and SH 157. Located on the west portion is a 4.5 acre tract that is zoned C-2 and on the hard corner of Pipeline Rd. and SH 157 is a 9 acre tract that is also zoned C-2. Located immediately to the east is an existing R-1 Residential subdivision and located immediately to the north is multifamily. The applicant proposes a zone change from the exiting C-2 to a R-1 L zoning. The 73 lot residential subdivision would have the primary ingress/egress off of S. Pipeline Rd. Secondary emergency access would be provided on the Northwest corner onto SH 157. The emergency access easement would be dedicated on the C-2 parcel and Planning and Zoning Commission Minutes Page 3 July 16, 2002 realigned if needed. The city has the legal instrument to establish that there will always be that type of emergency access easement even when C-2 parcel is developed. The minimum lot size in the entire development is approx. 6,610 square feet per lot. Located immediately to the east is a nine (9) acre Boyd Branch flood plain and the applicant has proposed as owners of the property they would maintain control over the flood plain and assume responsibility for the future maintenance of that property. Staff would like to propose a consideration that the following would be specifically addressed during the platting process. The establishment of a 10' foot maintenance easement that would abut all of the lots that are adjacent to the flood plain and would establish as part of that maintenance easement, a responsibility of those adjacent homeowners to maintain grass, weeds, trash and debris and other minimal maintenance. Also, an understanding would be reached with the builder that gates be installed on the rear fence of the lots adjacent to the Boyd Branch flood plain. Chairman McNeese opened the public hearing and asked for the applicant or representative to come forward for comments. Shawn Gasperich, Turner, Collier& Braden, 17300 Dallas Pkwy, Dallas, stated Mr. Collins provided most of the information and wanted to point out that the zoning change request is in conformance with the City's Comprehensive Land Development Plan and would like to answer any questions the commission may have. Chairman McNeese asked if there were any opponents/proponents and seeing none closed the public hearing. Commissioner May asked the City Engineer if there was any specific ordinance restricting development into a flood plain. Ron Young, Dir. of Public Works stated they could not build any structures within the flood plain. The flood plain shown at the rear of the lots will be covered by a drainage easement and the flood plain area will be covered by a perpetual maintenance and drainage easement. Commissioner May asked the City Engineer if they were allowed to raise the natural ground. Mr. Young stated they were. Commissioner Deithloff asked staff if the zoning from C-2 to R-1 L includes lot F. Mr. Collins stated that it was included. Commissioner Tarin asked the applicant what size homes were going to be built. Shawn Gasperich stated they are not asking for any variances to the R-1 L zoning so it would be a minimum of 1700 square feet. Vice Chairman Grove made a motion to approve case #02-03-ZC and recommends at time of platting that the plat reflect 10 foot Perpetual Planning and Zoning Commission Minutes Page 4 July 16, 2002 Maintenance Easement as depicted on document and recommends a rear gate for the properties located on the east. Commissioner May seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Tarin, Huffman, Deithloff and May Nays: None Abstention: None The motion carried (6-0-0). ITEM 3 CASE #02-03-PD — HOLD PUBLIC HEARING REGARDING A PLANNED DEVELOPMENT AND CONSIDER A RECOMMENDATION REGARDING AN ORDINANCE. Receive public input regarding a request for a Planned Development of Westpark II, Block B, Lots 1, 2, 3 & 4 from C-2 (Community Business District) zoning to PD based on R-1 L (Planned Development based on Single Family Limited Dwelling District) zoning and consider a recommendation regarding an Ordinance. This property is located on Westpark Ct. at Dana Kay Dr. Mike Collins, Director of Planning and Development, gave a brief overview of this case. The proposal before the commission is a request for approval of a Planned Development (PD) based on R-1 L Single Family Limited Dwelling District zoning standards. The current zoning is a Planned Development that would allow for office warehouse type of development. The property is located on Westpark Ct. at Dana Kay Dr. The subdivision would contain approximately 71 lots. Some features unique to this residential development would be the construction of the masonry screening. Chairman McNeese opened the public hearing. Chairman McNeese asked if the applicant or representative to come forward for comments. Tom Kline, 12311 Marbrook, Dallas, stated he will review some of the important points that were discussed at the previous meeting. He stated they went back and worked on issues that were addressed at the last proposal. The property was platted in 1984 originally for single family and is currently zoned for C-2 and PD. They are trying to develop a project that will blend with the community and not infringe on the commercial development. The benefits to the City from the subdivision will generate to the tax revenue approximately $25,000. Planning and Zoning Commission Minutes Page 5 July 16, 2002 Jay Childs, Deitz Engineering, 1761 International Pkwy. Richardson, stated they have been working with how they will be addressing the stormwater issues. Two lots located on the Southeast corner of the property will have a retention pond instead of a straight detention pond. Mr. Collins stated he recommends to the commission that if the ammenity is created with the fountain feature that in the event an HOA is created, for consideration of this PD would need to specifically identify an HOA would be created and would have as their responsibility the financial obligations to maintain that area. Chairman McNeese asked for any proponents to come forward for comments. Melanie Koraska, 711 Live Oak, Euless, stated Mr. Kline has addressed issues that were brought before the commission in the last meeting and has worked hard to resolve those issues. She stated that she agrees with the development in order to help bring in tax dollars that would help fund the flood problems. Bill Reese, 5430 LBJ, Dallas, Real Estate Broker representing the owner, which is First Community Realty of this 13 acres being discussed. They have a total of 20.5 acreas. The clients property was taken back on a bad loan and has had the property for over 10 years. There has been no activity on the property except the sale to Case. They have exhaustedly tried to find clients that would be attracted within the zoning currently there and due to economic situation and more desirable areas there has been no activity. The owner feels this development would be a positive influence on the remaining seven acres they currently have and would like to ask the commission to look favorably on this case. The client is pleased to be cooperating with the developer, Mr. Tommy Kline, and the sale of this property, to resolve the fence issue with the homeowners and also to do their part with the detention area that would also assist any problems. Sam Browning, 1906 Kynette, Euless, a homeowner that backs up to the property. He would like to compliment Mr. Kline on the work he has done since the last meeting to try to resolve all the issues and work with the homeowners. He has met with the homeowners to resolve the fence and flooding problems. Mr. Browning stated he feels a residential development would be better for this property rather than commercial. Chairman McNeese asked for any opponents to come forward for comments. Evan Cottrell, 713 Live Oak Dr., stated he is neutral about the development. He agrees that Mr. Kline has done extensive work on the project. He would prefer residential development rather then commercial. Mr. Cottrell is concerned with the runoff from the west side of the development that he feels has not been addressed. He also feels that the proposed retention/detention pond would not have enough adequate room for large amounts of rain and drain slowly like it is Planning and Zoning Commission Minutes Page 6 July 16, 2002 being designed for. He stated that if the city thinks the retention of the water has been addressed, he approves of the proposal. John Jobe, 1912 Kynette, Euless, stated he was concerned with any flooding problems, but would rather see a residential development. Will Meadows, 503 Evans Dr., Euless, stated he was neutral, but felt residential development would be better. He would still like to see how the retention pond will work. He is concerned with the amount of drainage that would be coming from the pond and affecting the other homes. Chairman McNeese asked the developer to come forward to address some of the comments. Mr. Kline stated that he and the engineer will be working with the City Engineer to address the issues regarding the retention/detention pond. He also read a list of homeowners names that were in support of this case for the record. They are as follows: Stanley Browning, 1906 Kynette Marcus Carter, 1908 Kynette John Jobe, 1912 Kynette Mary McCoy, 1914 Kynette Mr. and Mrs. Groeschel, 1814 Kynette Eldon Grubbs, 1816 Kynette M&J Construction, Mr. Eddie Wallace, 1818 Kynette Renate White, 1820 Kynette William Kaiser, 1900 Kynette Mr. Kline also read the following comments from Bill Ridgway's DRC review: 1. This Commercial area is best suited for medical office or commercial office space. 2. The south is bounded by residential and the east is also residential. 3. There is adequate growth for commercial growth north of Westpark Court and west of Dana. Commercial growth is also available north and south of Westpark Court west of Evans Drive. 4. Westpark Court and Dana provide a divide for residential growth, which ties into the development to the south and east. 5. Demand for development has been extremely non-existent in recent years for this area. 6. Discussion for development to the north of Westpark and west of Dana has been discussed with the owners of that property in 2001 but no new development has come forward since 9-11. This proposed development did not go south of Westpark Court. 7. The long-term growth could go commercial but the development time would be over an extended period of time Planning and Zoning Commission Minutes Page 7 July 16, 2002 8. The proposed use could be in the best interest of Euless and I recommend acceptance of the site plan and zoning change subject to comments of the 4 DRC. Chairman McNeese closed the public hearing. Commissioner May asked Mr. Childs if he was a professional engineer in the State of Texas. Mr. Childs stated he was. Commissioner May asked the staff what the review process would be if this case was approved especially with regards to the drainage issue. Ron Young, Dir. of Public Works, stated the developers engineer would meet with them before they begin preparing their subdivision plans so the city can go over the ground rules. Then let them know how the city thinks it should be developed with the utility layout, water and sewer, fire hydrant coverage and the drainage. Then based on the criteria we give them they will go back and prepare a design that will be submitted for review and go from there. We will also need specific information on the retention/detention pond to see if it will be of sufficient size. The design should also show the topography where the water will be guided. Vice Chairman Grove asked if Mr. Childs could address the plans for the drainage on the west side of the property. Mr. Childs stated that currently they honor the topography but it is not to say that it could not be altered. They will be working with the City Engineer and if they see the topography needs to be altered we will. They will do what needs to be done to accommodate the detention of the drainage. Vice Chairman Grove asked Mr. Kline if the expense of the in-depth studies and detailed engineering plans would not be taken until he purchases the land for the development. Mr. Kline stated that would not be done until the zoning was approved. However, they have studied this site enough to know that they will not adversely affect the drainage. He needs to know he has a project before further design takes place. Vice Chairman Grove asked Mr. Kline if there would be a fair number of two-story homes and have they considered and consulted with neighbors to the south regarding these two-stories. Mr. Kline stated it was brought up in the meeting he held with the citizens. There are three lots that do not have much tree coverage and they will plant trees. Also, if we take trees down and it creates an opening which can be determined in pre-development, we can restrict those to a one- story. Commissioner Tarin thanked the citizens for coming to the meeting and voicing their concerns about the drainage and advised them the commission needs to determine if changing the zoning from C-2 to R-1 L is the best use of the property. Planning and Zoning Commission Minutes Page 8 July 16, 2002 Chairman McNeese stated that the primary issue before the commission is the land use. Commissioner Tarin made a motion to approve case #02-03-PD with the stipulation that if the lots on the south side of Sharpsbury Drive whereby a line of site is created to the homes on the north side of Kynette by virtue of the developer having removed trees, the homes will be restricted to one-story. Commissioner May seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Tarin, Huffman, Deithloff and May Nays: Chairman McNeese Abstention: None The motion carried (5-1-0). ITEM 4 REPORTS No reports. ITEM 5 DIRECTOR'S REPORT No reports. Adjournment: There being no further business the meeting was adjourned at 7:41 p.m. C►airman cNeese Date I