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Home My WebLink About2004-03-16 PLANNING AND ZONING March 16, 2004 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 City Hall of the Municipal Complex. 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 George Zahn Monty Huffman LuAnn Portugal Perry Bynum Tony May Mike Collins, Director of Planning and Development Eric Wilhite, Planning and Development Manager Ron Young, Director of Public Works Robert Barker, City Engineer Bill Ridgway, Director of Economic Development Charles Anderson, Fire Inspector Karla Allen, Administrative Secretary VISITORS: Michael Wright, MJWright & Associates; Johnny Ragland, Gator's; Nathan Kortu, New Life Fellowship Church; and others listed in visitors' register. THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Huffman and Invocation was given by Commissioner Zahn. ITEM 1 APPROVAL OF MINUTES for called meeting of March 2, 2004 Commissioner May made a motion to approve minutes for called meeting of March 2, 2004. Commissioner Huffman seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman, Portugal, Bynum and May Nays: N one Abstention: None Planning and Zoning Commission Minutes Page 2 March 16, 2004 The motion carried (7-0-0). ITEM 2 CASE #04-02-FP — CONSIDER A FINAL PLAT Consider a request for a FINAL PLAT changing Ben F. Crowley Survey, A-320, portion of Tracts 5A3B and 5A2 to Fountain Park Addition Phase II, Block A, Lots 2-45; Block B, Lots 1-22; Block C, Lots 14-27. This property is located at Chittam Dr. and Park Meadows Dr. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The applicant is Terry Sandlin Homes who is requesting approval of a Final Plat for a 13.2 acre tract located on Fuller-Wiser Rd. The location of the subdivision is north of Thorn Wood Dr. and south of McCormack Farms subdivision. The Preliminary Plat for the project was considered and approved by the Planning and Zoning Commission on January 21, 2003. The plat has been determined to be in substantial compliance with all technical requirements and staff is recommending approval. There was no discussion among the commissioners. Commissioner Huffman made a motion to approve case #04-02-FP. Commissioner May seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (7-0-0). ITEM 3 CASE #04-02-SP — CONSIDER A RECOMMENDATION FOR A SITE PLAN Consider a recommendation regarding a request for a Site Plan for Commercial Development proposed to be located at Solomon Huitt Survey, A-705, Tract 6C2, N. Main St. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The applicant is Mary Sheppard who has purchased a 2.4 acre tract on the 1060 blk. N. Euless Main St. The property is located adjacent to the south of the Harwood Crossing/Kroger Shopping Center. Ms. Sheppard will bring forth at a later meeting consideration for a Preliminary and Final Plat to create two lots on the tract. The first tract that will be developed is a 7,000 square foot professional office building on the front 1.25 acres of the property. There was no discussion among the commissioners. Planning and Zoning Commission Minutes Page 3 March 16, 2004 Commissioner Zahn made a motion to approve case #04-02-SP. Commissioner Portugal seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (7-0-0). ITEM 4 CASE #04-04-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 Westpark Central Addition, Lot 4AR1, for a BILLIARDS in C-2 (Community Business District) zoning, and consider a recommendation regarding a n Ordinance. This property is located on 2155 W. Airport Frwy. #100. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The applicant, Dane Hedges, is requesting renewal of a Specific Use Permit for arcade E billiards to operate within the Gators restaurant. The location of the Gators restaurant at the site formally known as the Ramada Inn Hotel located at 2155 W. Airport Frwy. This is a renewal of a Specific Use Permit that was last considered by the commission in March of 2003. The conditions that were established at that time upon which the SUP was approved include being tied to the current ownership and management being Embassy Properties, Bennett Properties and General Managers Dane Hedges and Johnny Ragland; valid for one year; and no sexually oriented business promotions/activities on the premises. Chairman McNeese opened the public hearing. Chairman McNeese asked for any proponents/opponents to come forward for comments. Seeing none the public hearing was closed. Commissioner Zahn asked Johnny Ragland, General Manager of Gators, if he had any objections to the conditions that have been in place previously. Mr. Ragland stated they have been operating under the same conditions for the past 8 years and have no objections. Commissioner Zahn stated there have been some concerns regarding vehicles parking on the grass and asked if there was any additional parking available for those vehicles. Mr. Ragland stated they have eliminated vehicles parking on the grass and have directed parking to the rear. Planning and Zoning Commission Minutes Page 4 March 16, 2004 Commissioner Portugal stated she has seen many vehicles parked at the restaurants during closed hours and was wondering if they had permission to use their parking lots. Mr. Ragland stated China Dragon has given them permission to use the parking lot and the only times they have large crowds on Friday and Saturday nights. Commissioner Bynum asked Mr. Ragland what the food alcohol ratio was for Gators. Mr. Ragland stated it was approximately 30% food and 70% alcohol. Commissioner Bynum asked Mike Collins if that ratio fell within the city's criteria for alcohol and food sales. Mike Collins stated that was consistent with how this establishment has been operating with the existing SUP. Vice Chairman Grove made a motion to approve case #04-04-SUP with the following conditions: 1)Tied to the current ownership and management; Embassy Properties, Bennet Properties, and General Managers Dane Hedges and Johnny Ragland; 2) Valid for 1 (one) year; and 3) No sexually oriented business promotions/activities on the premises. Commissioner Bynum seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (7-0-0). ITEM 5 CASE #04-05-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 John Groves Addition, Block 2, Lot 2, for a CHURCH in TX-10 (Texas Highway Multi-use District) zoning, and consider a recommendation regarding an Ordinance. This property is located on 3002 W. Euless Blvd. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The applicant, New Life Fellowship Church, is requesting renewal of a Specific Use Permit for a church. They are located at 3002 W. Euless Blvd. at the northeast corner of Raider Dr. and Hwy 10. This had been previously considered by the Planning and Zoning Commission and City Council in May 2002. Chairman McNeese opened the public hearing. Planning and Zoning Commission Minutes Page 5 March 16, 2004 Chairman McNeese asked for any proponents/opponents to come forward for any comments. Seeing none the public hearing was closed. Commissioner May asked Rev. Kortu, New Life Fellowship Church Pastor, what was the status of the property ownership. Rev. Kortu stated they have a contract for purchase of the property and was waiting for approval of the SUP before completing the negotiations. Commissioner May asked Rev. Kortu how long they anticipated it taking before purchasing the property after receiving approval. Rev. Kortu stated it would be approximately 60 days. Commissioner Zahn stated he had concerns about granting the SUP without any time limit and asked Rev. Kortu if he had any objections for the SUP being tied to his congregation and to the purchase of the property. Rev. Kortu stated he had no objections. Commissioner Zahn made a motion to approve case #04-05-SUP with the following conditions: 1) New Life Fellowship Church purchase the property within 90 days; 2) Tied to New Life Fellowship Church and Rev. Nathan Kortu. Commissioner May seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (7-0-0). ITEM 6 CASE #04-01-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 Section 84-336(d)(e), Table 7-A and adding (f), "Screening Requirements". Mike Collins, Director of Planning and Development, gave a brief overview of the case. The Planning and Zoning Commission and City Council have discussed the general issue of when masonry screening walls should be required for new developments, specifically when masonry screening would be a requirement when residential development is proposed. The recommendation before the commission is to amend the Section 84-336(d) that would establish the requirement that any new residential development when platted whose side or rear lots adjacent to public right-of-ways that Planning and Zoning Commission Minutes Page 6 March 16, 2004 masonry screening walls be required to be constructed adjacent to the public right-of- ways. In addition to the specific requirement of the masonry screening there are also other technical issues with respect to how specifically those masonry screen walls would be constructed. Staff is recommending that the amendments also be accepted that would require that the masonry walls be engineered with structural concrete footings; steel lintels shall be required for thin wall; add brick detailing at the top of the walls to produce a change in texture and plane; and, create offsets in the wall to provide visual variety. In addition, masonry columns must be installed at a maximum of thirty feet on centers; taller than the remainder of the wall; and, installed with decorative caps. Chairman McNeese opened the public hearing. Chairman McNeese asked for any proponents/opponents to come forward for comments. Seeing none the public hearing was closed. Commissioner Bynum asked staff if this would also apply to commercial development or is it strictly with right-of-ways. Mike Collins stated it was regarding right-of-ways. Vice Chairman Grove made a motion to approve case #04-01-UDC. Commissioner Huffman seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (7-0-0). ITEM 7 CASE #04-02-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". Mike Collins, Director of Planning and Development, gave a brief overview of the case. This UDC amendment for consideration is to amend the Permitted Use Table for TX-10 specific to Truck Rental. Currently this use requires a Specific Use Permit for consideration. T here have been several requests for this use that has come before Planning and Zoning Commission and City Council resulting in denial. Staff believes there does not appear to be conditions under which the operation of a truck rental facility could be acceptable under these conditions in the TX-10 district and recommend Planning and Zoning Commission Minutes Page 7 March 16, 2004 an amendment be accepted that would establish that neither permitted by right nor with a Specific Use Permit would truck rentals be considered in TX-10 district. Chairman McNeese opened the public hearing. Chairman McNeese asked for any proponents/opponents to come forward for comments. Seeing none the public hearing was closed. Commissioner Huffman asked for clarification on what is considered a truck. Eric Wilhite, Planning and Development Manager, stated the SIC codes intent is a distinction of gross vehicle weight. Commissioner Bynum commented he was concerned about where the city was headed on making this particular restriction and in what zones they continue to allow this use. Mike Collins stated there was discussion among the City Council on whether there would be other zoning district in which this would not be either permitted by right or by a Specific Use Permit and the City Council's direction was they did not intend on making any other changes. Commissioner May asked how many truck rental facilities were currently operating and how long had they been in business. Mike Collins stated there is currently two operating and has been operating for approximately 10 years. Commissioner May asked when truck rental was allowed on TX-10. Eric Wilhite stated it was around 1997. Commissioner May stated he felt this was too restrictive. Commissioner Zahn made a motion to approve case #04-02-UDC. Commissioner Portugal seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman, Portugal Nays: Commissioners Bynum and May Abstention: None The motion carried (5-2-0). ITEM 8 CASE #04-03-UDC — HOLD PUBLIC HEARING REGARDING A CODE OF ORDINANCE 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 66 "Solid Waste" in order to amend Chapter 66, Article II "Solid Waste Services" and Article III "Recycling Services". Planning and Zoning Commission Minutes Page 8 March 16, 2004 There was no action taken on this item due to being posted in error. ITEM 9 REPORTS There were no reports. ITEM 10 DIRECTOR'S REPORT There were no reports. There being no further business the meeting was adjourned at 7:16 p.m. Chai is - • - -se - .., Date gar-)