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HomeMy WebLinkAbout2003-10-21 PLANNING AND ZONING October 21, 2003 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Chairman Richard McNeese at 6:30 p.m. for consideration of scheduled items in the Council Chambers in Building "B" of the Municipal Building. Chairman Richard McNeese stated there was a quorum of members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT: Chairman Richard McNeese Vice Chairman Mike Grove Bill Tarin Monty Huffman Ron Hughes Perry Bynum Tony May Mike Collins, Director of Planning & Development Eric Wilhite, Planning & Development Manager Ron Young, Director of Public Works Robert Barker, City Engineer Charles Anderson, Fire Inspector Bill Ridgway, Director of Economic Development VISITORS: Jackie Fluett, GSWW Engineers; Tai Kautai, TKS Construction; Timote Finau, Free Church of the Tonga of Texas; and others listed in visitors' register. THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Bynum and Invocation was given by Commissioner May. ITEM 1 APPROVAL OF MINUTES for called meeting of October 7, 2003 Commissioner May asked for a correction to be made on page 5 in the first paragraph "asked Mr. Lee" should read "asked Mr. Barker". Vice Chairman Grove made a motion to approve the minutes for October 7, 2003 with the noted correction. Commissioner Huffman seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Huffman, Hughes, Bynum and May Nays: None Planning and Zoning Commission Minutes Page 2 October 21, 2003 • Abstention: Chairman McNeese and Commissioner Tarin The motion carried (5-0-2). ITEM 2 CASE #03-05-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 Levi Franklin Survey, A-513, Tract 2E from TX-121 (The 121 Gateway District) zoning to R-1 L (Single Family Limited Dwelling District) zoning and consider a recommendation regarding an Ordinance. This property is located on the corner of E. Mid-Cities Blvd. and Bear Creek Dr. Mike Collins, Director of Planning and Development gave a brief overview of the case. The action requested is to receive public input regarding the request for a zoning change of Levi Franklin Survey, A-513, Tract 2E from the TX-121 (The 121 Gateway District) zoning to R-1 L (Single Family Limited Dwelling District) zoning. The applicant, Euless Joint Venture, Inc., proposes to rezone a 4.5 acre tract from TX-121 to R-1 L. An existing R-1 subdivision is located to the north. Located to the west is a R-1 L residential subdivision known as the Lakes of Little Bear that is currently under construction. Mid- Cities borders the property on the south and Anthony Dr. borders the proposal on the north. This zone change to R-1 L would allow a lot size of 5,500 square feet with a minimum dwelling unit size of 1,700 square feet. Based on the preliminary layout the zoning would allow up to 21 lots of R-1 L product to be constructed if the zoning were approved. Baze Rd. currently dead-ends at Anthony Drive. Baze Rd. will be extended to the south, consistent with the City of Euless Thoroughfare Plan that establishes Baze Rd. as a two- (2) lane collector between Glade Rd. and Mid-Cities. A right turn in and out only will be allowed from Baze Rd. to Mid-Cities. Eastbound Mid-Cities traffic has a dedicated left turn lane in the median to turn northbound onto Baze Rd. Chairman McNeese opened the public hearing. Chairman McNeese asked for the applicant or representative to come forward for comments. Jackie Fluett, GSWW Engineers, 3950 Fossil Creek Blvd., Fort Worth, stated the owner of the property, Carl Smith, was unable to attend the meeting and Mr. Fluett would be glad to answer any questions from the commission. Mr. Fluett passed out some information to the commission showing elevations and types of homes they are proposing to construct. Chairman McNeese asked for any proponents to come forward for comments. Seeing none, Chairman McNeese asked for any opponents to come forward for comments. Planning and Zoning Commission Minutes Page 3 October 21, 2003 Dennis Downey, 505 Anthony Dr., Euless, stated he was concerned about the setback requirements for the backyards. Mike Collins, Director of Planning and Development, stated the front setback would be 20 feet, 15 feet for the rear yard, and the development would be limited to 2 story structure. Mr. Downey stated he would like to see the old standard of 2 foot horizontal run for every vertical foot of rise. Marty Herman, 517 Anthony Dr., Euless, stated he was concerned that the homes would be too large for the lots they are proposing and would be right up to the fences. He is concerned about these homes looking down into the existing homes. Jeff Jennings, 511 Anthony Dr., Euless, stated he was not opposed to a residential development, but he was opposed to the proximity of the homes being so close to the existing homes. Dennis Downey, 505 Anthony Dr., stated he was concerned if there had been any consideration to the 100 year old trees along the lot lines. Chairman McNeese closed the public hearing. Commissioner May thanked the citizens for coming and for voicing their concerns. Commissioner May made the comment that this case is a zoning matter with a preliminary layout. Commissioner May wanted the citizens to understand the zoning was the only consideration and not the layout of the proposal. Vice Chairman Grove asked Mr. Fluett if a substantial amount of fill would have to be brought into this development in order for the lots to drain from back to front. Mr. Fluett stated there would have to be some fill brought in, but the final design has not been established, Therefore, he is unable to state how much will need to be added. Commissioner Hughes asked Mr. Fluett what the time frame for development was after approval from City Council was received. Mr. Fluett stated Mr. Smith is planning on going forward with his design and would anticipate 6-8 months after approval. Chairman McNeese asked Mr. Fluett if the plan was for Key Life Homes to be the primary builder for this development. Mr. Fluett stated it was at this time. Chairman McNeese wanted to reiterate this was a zoning change request and that is what will be taken into consideration. Commissioner May made a motion to approve case #03-05-ZC as presented. Commissioner Tarin seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Commissioners Tarin, Huffman, Hughes, Bynum and May Nays: Vice Chairman Grove Abstention: None Planning and Zoning Commission Minutes Page 4 October 21, 2003 The motion carried (6-1-0). ITEM 3 CASE #03-13-SUP — HOLD PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE Receive public input regarding a request for a SPECIFIC USE PERMIT on South Main Addition, Block A, Lot 1R, for a CHURCH in R-1 (Single Family Detached Dwelling District) zoning, and consider a recommendation regarding an Ordinance. This property is located on 703 S. Main St. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The following two items are related to the Free Church of Tonga. They have an existing church facility that is currently zoned R-1. They are required by current ordinance to come forward with a request for a Specific Use Permit for this land use. They have been a legal existing non-conforming land use for the many years they have been there since the zone change that affected the requirement for an SUP for church and other places of worship to come forward. They are coming forward with a site plan proposal that would call for their existing structure to be demolished and to replace the existing structure with a new structure. The staff has reviewed the site plan for all the technical requirements and recommends approval. In addition to those minimum requirements, there were some discussions between the church and city staff regarding the use of that facility. There was mutual agreement that the minimum parking that would be required may not be sufficient to handle the demand of the parking in some events the church may have. The church was able to secure parking from the South Euless Elementary School located to the north which should accommodate their overflow parking that might be generated. Chairman McNeese opened the public hearing. Chairman McNeese asked the applicant or representative to come forward for comments. Tai Kautai, TKS Construction, 116 Main Place Ct., Euless, stated they appreciate the help they have received from staff. Mr. Kautai stated they are trying to make this project a sound and safe place for the patrons of the church. Chairman McNeese asked for any proponents to come forward for comments. Seeing none Chairman McNeese asked for any opponents to come forward for comments. Carol Johnston, 701 S. Main St., Euless, stated they purchased their property two years ago and were prepared for church activities, but not for the practices that have taken place at this facility. There has been smoking of meat for days that has causes illness from the smells, public intoxication, loud music and singing going late into the night, and Planning and Zoning Commission Minutes Page 5 October 21, 2003 men urinating on their fence line. Ms. Johnston stated they have a small child living in their home and have had to restrict outside activity for this child due to the lewd activity that occurs. Wesley Johnston, 701 S. Main St., Euless, stated the church members have showed a lack of respect for the neighbors by their acts of public urination and intoxication. Mr. Johnston stated he has tried on numerous occasions to communicate with the church members with no resolution. Rosalie Johnston, 701 S. Main St., Euless, stated her six year old daughter has not been able to play in the front yard because of what she might witness at the church. Ms. Johnston stated she is concerned about the church members parking at the elementary school because the church members will have to walk in front of her yard to access the parking when they are intoxicated. Tai Kautai, TKS Construction, apologized for the inconvenience this has caused the family and they are trying to eliminate these problems. Mr. Kautai stated the new building is needed in order to prevent the church members from going outside to urinate. Mr. Kautai stated there will be more restrooms in the new building and there will be a new block fence put up between this residence and the church that will help eliminate some of the concerns of this family. Mr. Kautai hopes this new building will help eliminate the other problems as well. Chairman McNeese asked Mr. Kautai if any of the events that have been described by the Johnston family are correct. Mr. Kautai stated he was not present at any of these events. Chairman McNeese asked Mr. Kautai if he was a member of the congregation. Mr. Kautai stated he was not a member of the church; he was only helping them with the engineering of the new building. Wesley Johnston, 701 S. Main St., Euless, stated they can see where the existing bathrooms are in the church and there is never anyone in them when the church members are outside urinating on the fence. Mr. Johnston feels this is a habit with the church members. Mr. Johnston stated he would expect this type of behavior from a bar and not a church. Carol Johnston, 701 S. Main St., Euless, stated that a new building is not going to make a difference until the behavior of the church members is changed. Chairman McNeese closed the public hearing. Commissioner Tarin asked Mr. Kautai how late they have been working in the demolition of the old building. Mr. Kautai stated the church members were excited about starting the project and worked until very late. Mr. Kautai stated he will not allow them to work this late again. Planning and Zoning Commission Minutes Page 6 October 21, 2003 Commissioner Tarin asked Mr. Kautai what type of fence will be constructed between the church and the neighboring home. Mr. Kautai stated the fence would be constructed of CMU block six foot in height. Commissioner Huffman asked Pastor Finau when the services for the church are held. Pastor Finau stated they have church on Sunday and singing practice on Monday, Wednesday and Saturday. Chairman McNeese asked what the hours of operation are for the church. Pastor Finau stated Sunday from 10:00am to 4:00pm, and Monday, Wednesday and Saturday is from 8:00pm to 10:00pm. Commissioner Hughes asked Mr. Kautai if the privacy fence will be going on the neighboring sides of the property. Mr. Kautai stated the fence will be on the east and north side of the property. Commissioner Hughes asked if there were any other activities that were conducted by the church outside the facility. Pastor Finau stated there are no other activities outside. Commissioner Hughes asked if the cooking was conducted inside the facility or outside. Pastor Finau stated they no longer cook outside. Commissioner Hughes asked Pastor Finau if the church or leadership has ever received any formal complaint from the City of Euless Police Department. Pastor Finau stated last night was the first time. Pastor Finau also stated this was his first year at this church so he is not aware of any other times before then. Commissioner Hughes asked Pastor Finau if there were any other administrative functions that occur at times other than stated previously. Pastor Finau stated there are times that are scheduled for counseling and classes. Pastor Finau stated there are no consistent times for the counseling and classes, they are scheduled as needed. Vice Chairman Grove asked staff if the exhibit that has been presented for the SUP was the site plan that will be used or will there be another submitted. Eric Wilhite, Planning and Development Manager, stated this will be the site plan the commission will be approving. Mike Collins, Director of Planning and Development, stated they will submit construction plans for the actual building for plan review. Vice Chairman Grove stated there was a note on the drawing that states the existing fence will remain. Vice Chairman Grove asked Mr. Kautai what type of material the existing fence was made of. Mr. Kautai stated the fence is wood. Vice Chairman Grove asked if they would be replacing the wood fence with the CMU block. Mr. Kautai stated they would be replacing the wood fence with the CMU block. Commissioner Bynum asked if there has ever been a citation issued to the church for loud music, public intoxication or the urinating. Mike Collins stated that staff had not Planning and Zoning Commission Minutes Page 7 October 21, 2003 been told during the DRC review by the Police Department if there had been any citations issued. Commissioner Bynum asked Carol Johnston what it would take for this church to be a good neighbor. Ms. Johnston stated the attitude of the members would need to change. Commissioner Bynum asked staff if the church members would be walking on Main St. or a sidewalk from the elementary school parking lot. Mike Collins stated there was a sidewalk for the members to walk on. Commissioner May commented that he tries to consider this case as a Specific Use Permit and has to distinguish between individual acts and the zoning. Commissioner May asked staff if it was illegal to publicly urinate, public intoxication and for loud music. Mike Collins stated it was illegal for the public urination and public intoxication. Mike Collins also stated there are nuisance ordinances in place that after following certain processes before Municipal Court action could be taken. Commissioner May recommended to the citizens these other avenues should also be considered to help stop these nuisances from occurring. Chairman McNeese asked Pastor Finau if there was any drinking of alcoholic beverages at the church at any time. Pastor Finau stated the church members are forbidden from drinking alcohol; however there is a traditional drink that is not alcohol consisting of a root that is mixed with water. Chairman McNeese asked if this was part of their religious tradition. Mr. Kautai stated this was part of their culture. Chairman McNeese asked if this took place on special occasions or is this throughout the week. Pastor Finau stated they drink this after the singing practices on Friday nights and sometimes on Thursday nights. Chairman McNeese stated there was a conflict in the days they practice singing. Chairman McNeese asked for a clarification of what days they are there for singing practices. Pastor Finau stated they do not practice consistently on Thursdays. Chairman McNeese asked staff if there was any requirement or ordinance from the city to prohibit them from parking on Landover Dr. Mike Collins stated they would be allowed to park on Landover Dr. There was discussion among the commissioners regarding conditions they would consider for the SUP and how the new UDC Amendment would affect this case. Mike Collins stated he would consult with the City Attorney to answer their questions. Vice Chairman Grove made a motion to deny case #03-13-SUP. Commissioner Huffman seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove and Commissioner Huffman Planning and Zoning Commission Minutes Page 8 October 21, 2003 Nays: Chairman McNeese, Commissioners Tarin, Hughes, Bynum and May Abstention: None The motion did not carry (2-5-0). Commissioner May made a motion to table case #03-13-SUP until November 4, 2003. Commissioner Hughes seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Commissioners Tarin, Hughes, Bynum and May Nays: Vice Chairman Grove and Commissioner Huffman Abstention: None The motion carried (5-2-0). ITEM 4 CASE #03-09-SP — CONSIDER A RECOMMENDATION FOR A SITE PLAN Consider a recommendation regarding a request for a SITE PLAN for CHURCH proposed to be located at South Main Addition, Block A, Lot 1R, 703 S. Main St. Commissioner Bynum made a motion to table case #03-09-SP. Commissioner Tarin seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Tarin, Huffman, Hughes, Bynum and May Nays: None Abstention: None The motion carried (7-0-0). ITEM 5 CASE #03-02-UDC — HOLD PUBLIC HEARING REGARDING A UNIFIED DEVELOPMENT CODE AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE Receive public input and consider a recommendation regarding a request by CITY OF EULESS for a change to Code of Ordinances Chapter 84 "Unified Development Code" in order to amend Sec. 84- 84 Table 4-A "PERMITTED PRIMARY USES TABLE"; Exhibit A "TX-121" 121 GATEWAY DISTRICT USE TABLE; and Sec. 84-85 "SPECIAL CONDITIONS BY USE TYPE". Planning and Zoning Commission Minutes Page 9 October 21, 2003 Mike Collins, Director of Planning and Development, gave a brief overview of the case. The City Of Euless staff is recommending that churches and other places of worship be established as a permitted land use in the following residential zoning districts; "R-1", "R-1L", "R-1A", "R-2", "TH", "R-3", "R-4", and "R-5", with the special condition by land use section be amended to establish two conditions: 1) 50,000 square foot minimum lot size and 5 acre maximum lot size in land zoned for one- or two-family dwelling purposes; 2) any structures located within 25 feet of land zoned for one- or two-family dwelling purposes are limited to a single story. A maximum height of 35 feet is allowed; provided all yards are increased an additional foot for each foot the building exceeds 25 feet. The minimum lot size would ensure that off-street parking requirements could be satisfied. Additionally, churches and other places of worship and the following assembly uses, including; Non-Profit Organizations, Museums, Zoos, Botanical Gardens, Motion Picture (General), Motion Picture (Drive-in), Bowling Centers, Dance Halls, studios, Membership sports and recreation clubs, would be permitted land uses only after obtaining a S.U.P. in the following zoning districts; "C-2", "TX-10", "LI", "I-1", "I- 2", and "TX-121". Motion Picture (Adult)would only be permitted with an SUP in "1-2". Chairman McNeese opened the public hearing and called for any proponents or opponents to come forward for comments. Seeing none the public hearing was closed. Commissioner Hughes asked how the 5 acre maximum was determined. Mike Collins stated it was based on logical planning perspective. Commissioner Hughes asked if there would be any type of a loop hole for churches using the term non-profit organizations. Mike Collins stated they would still be required to obtain an SUP. Commissioner May asked if all the churches located within the R-1 district currently have SUP's. Mike Collins stated they would be considered legal existing non- conforming if they did not have an SUP. Some of those churches were existing prior to the major zone change that brought forth the requirement for an SUP. Commissioner May asked if this amendment is adopted would the SUP's the churches currently have be null and void. Mike Collins stated after the terms of their existing SUP expires and the church is on property that meets the new development standards, then the church becomes a legally existing use. If the development standards are not met, for example less than 50,000 s.f., then the church becomes legally existing non- conforming. Commissioner May asked if the previous case meets the guidelines of the amendment. Mike Collins stated the previous case is on a quarter of an acre and does not meet the guidelines of the new amendment. Planning and Zoning Commission Minutes Page 10 October 21, 2003 Chairman McNeese asked what will happen with the previous case if this amendment is passed. Mike Collins stated they will proceed with their case because their application was in place before the approval of the amendment. Commissioner Hughes asked if the previous case supercedes the approval of this amendment since the previous case was tabled. Mike Collins stated it did. Vice Chairman Grove made a motion to approve case #03-02-UDC. Commissioner Hughes seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Tarin, Huffman, Hughes, Bynum and May Nays: None Abstention: None The motion carried (7-0-0). ITEM 6 REPORTS There were no reports. ITEM 7 DIRECTOR'S REPORT There were no reports. There being no further business the meeting was adjourned at 8:05 p.m. • s - �, / �� I1 � �- o-1 Ch irman Mc eese Date