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Home My WebLink About2009-04-07 — PLANNING AND ZONING April 7, 2009 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Chairman Richard McNeese at 6:35 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 Andy Bearden Vice Chairman Tony May George Zahn Monty Huffman LuAnn Portugal Troy Mennis Mike Collins, Director of Planning and Development Chris Barker, Assistant Director of Planning and Development Ron Young, Director of Public Works Bill Ridgway, Director of Economic Development Charles Anderson, Fire Inspector JT Ackerman, Public Works Manager Stephen Cook, Senior Planner Holly Houston, Administrative Secretary VISITORS: Denorvice Howard, John Philips, Michael Pizzelanh, John Voss, Esther Johnson THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Chairman McNeese and Invocation was given by Commissioner Zahn. ITEM 1 APPROVAL OF MINUTES for called meeting of March 3, 2009 Commissioner Mennis made a motion to approve the minutes for called meeting of March 3, 2009. Commissioner Portugal seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Huffman, Portugal, Mennis Nays: None Abstention: None -- The motion carried (6-0-0) Planning and Zoning Commission Minutes April 7, 2009 ITEM 2 CASE #09-01-PP — CONSIDER A PRELIMINARY PLAT Consider a request for a Preliminary Plat changing portion of International/ Regional Industrial Complex, Block B, Lot A and portion of Kitty House Survey, A-678, Tracts 1H01 and 1J to International/Regional Industrial Complex, Block B, Lots 10 and 11. This property is located in the 1500 block of Royal Parkway. Mike Collins, Director of Planning and Development, gave a brief description of the case. The applicant, Robert McNamara, is requesting approval of a Preliminary Plat for a two (2) lot commercial development on 6.31 acres out of the Kitty House Survey, Abstract no. 678. The two (2) lots created would include: 3.1 acre Block 10; and 3.22 acre Block 11. The subject property is located at the southeast corner of Royal Parkway and Regal Parkway. No site plan has been submitted for future development. The preliminary plat lays out the emergency access, drainage and utility easements and other site specific elements consistent with the "1-2" district development standards. There were no questions among the Commission. Vice Chairman May made a motion to approve case #09-01-PP. Commissioner Huffman seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Huffman, Portugal, Mennis Nays: None Abstention: None The motion carried (6-0-0) ITEM 3 CASE #09-01-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 Kitty House Survey, A-678, Tract 1B03 for a Church in TX-10 (Texas Highway 10 Multi-Use District) zoning, and consider a recommendation regarding an Ordinance. This property is located on 2215 W. Pipeline Road. Chairman McNeese opened the public hearing. Stephen Cook, Senior Planner, gave a brief description of the case. Faith By Grace Family Worship, represented by Pastor Denorvice Howard, is seeking to lease space within an existing structure located at 2215 W. Pipeline Road in order to establish a place of worship use. The property is located within the TX-10 (Texas Highway 10 Multi- Use District) zoning district, which requires the approval of a Specific Use Permit (SUP) Page 2 of 7 Planning and Zoning Commission Minutes April 7, 2009 for the establishment of that use. The proposed use would occupy lease space within the existing building adjacent to a pet crematorium use approved by Specific Use Permit (06-08-SUP) by the City Council in August 2006. Due to the potential parking demand that is generated by this type of assembly use, the Unified Development Code requires Specific Use Permits within the TX-10 zoning district in order to assure proper vehicular access and the ability to provide adequate off-street parking. The applicant has indicated that the number of parishioners for this congregation is very small and would have a maximum of 40 seats. The UDC requires a ratio of 1 parking space per every 4 seats within a place of worship. The site plan submitted by the applicant indicates there is adequate parking, with 10 parking spaces provided on the site. If the site was not able to adequately park the demand (overflow parking on adjacent properties, parking in public right-of-way, the use would be in violation of the conditions of the SUP and may be cited for that violation. If approved, the applicant would be required to submit building permit applications for the renovation of the interior of the building to be utilized by the church. Chairman McNeese asked for any proponents/opponents to come forward for any comments. Seeing none the public hearing was closed. Commissioner Portugal asked Pastor Denorvice Howard the reason he was relocating to Euless. Pastor Denorvice Howard, 3563 Walnut Hill Lane, Irving, Texas, stated he relocated here from Oklahoma when he was transferred with his job last year. He was a pastor for 12 years in Oklahoma. He continued to pursue a church in Hurst and the lease ends in April 2009. Commissioner Portugal made a motion to approve case #09-01-SUP with the following conditions: 1) Tied to the pastor, Denorvice Howard; and 2) Tied to the church, Faith By Grace Family Worship. Vice Chairman May seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Huffman, Portugal, Mennis Nays: None Abstention: None The motion carried (6-0-0) ITEM 4 CASE #09-02-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 Jasper Addition, Lot 5D for a Paint Shop in C-2 (Community Business Page 3 of 7 • Planning and Zoning Commission Minutes April 7, 2009 District) zoning, and consider a recommendation regarding an Ordinance. This property is located at 2021 W. Airport Freeway#A. Chairman McNeese opened the public hearing. Mike Collins, Director of Planning and Development, gave a brief description of the case. The applicant, Sycotic Designs, represented by the company's owner Mr. John E. Philips, is requesting approval of a Specific Use Permit renewal for a paint shop currently located at 2021 W. Airport Freeway #A. The subject property is zoned "C-2" Community Business District. The Unified Development Code requires a paint shop located in a C-2 zoning district to have a Specific Use Permit. Mr. Philips current SUP (08-01-SUP) was unanimously recommended by the Planning and Zoning Commission on March 4, 2008 and approved by the City Council on March 11, 2008. Mr. Philips currently occupies approximately 5,000 sq. ft. of the existing building located at 2021 W. Airport Freeway. Sycotic Designs provides custom painting services for motorcycles in a fully enclosed paint booth. The SUP (08-01-SUP) contained an initial one-year time frame as part of the approved conditions. Mr. Phillips has been in continuous operation since that time. There have been no operation issues during that time frame nor has the city received any complaints on the business. Chairman asked for any proponents/opponents to come forward for any comments. Seeing none the public hearing was closed. Vice Chairman May wished much success in the future for Mr. Philips. Commissioner Mennis made a motion to approve case #09-02-SUP with the following conditions: 1) Tied to the owner, Mr. John E. Philips; and 2) Tied to the business name, Sycotic Designs. Commissioner Huffman seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Huffman, Portugal, Mennis Nays: None Abstention: None The motion carried (6-0-0) ITEM 5 CASE #09-01-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 the City of Euless for a change to Code of Ordinances Chapter 84 "Unified Development Code" in order to amend Section 84-7 "Definitions and word usage". Page 4 of 7 Planning and Zoning Commission Minutes April 7, 2009 Chairman McNeese opened the public hearing. Mike Collins, Director of Planning and Development, gave a brief description of the case. The City Council adopted amendments to regulations related to sexually oriented businesses (SOB's) on March 24, 2009 that can be found in the Comprehensive Code of Ordinances, Chapter 18, Article III "Licensing Requirements for Sexually Oriented Businesses". The amendments included primarily definitional changes and did not modify the zoning requirements or minimum distances that SOB's must maintain from other land uses. The adoption of these amendments has made it necessary to make certain changes to the Unified Development Code. Specifically, other regulations related to SOB's can be found in the following sections of The Unified Development Code: Chapter 84-Sec. 84-7 "Definitions and word usage", Sec. 84-84 "Permitted uses table" referencing Miscellaneous retail stores (adult or sexually oriented) and Modeling, photo studios, escort services and other adult or sexually oriented businesses or services establishes that SOBs are permitted through a Specific Use Permit in property zoned 1-2 "Heavy Industrial District", and Special Condition Sec. 84-85 (ae) "Sexually oriented businesses", and Sec. 84-183 which establishes that SOBs cannot be located within 1000 feet of a church, public or private elementary or secondary school, public park, public library, residential use, property zoned for residential use or another sexually oriented business. The following words and definitions need to be changed to _ make them consistent with those adopted in the new Chapter 18: NUDITY or a STATE OF NUDITY means a state of dress which fails to fully and opaquely cover the anus, genitals, pubic region, or perineum anal region, or the exposure of any device, costume or covering that gives the realistic appearance of or simulates the anus, genitals, pubic region, or perineum anal region, regardless of whether the nipple and areola of the human female breast are exposed. SEMI-NUDE or SEMI-NUDITY or STATE OF SEMI-NUDITY means the exposure of the post puberty female nipple or areola, or the exposure of any device, costume or covering that gives the realistic appearance of or simulates the post puberty female nipple or areola, so long as the following anatomical areas of an individual are fully and opaquely covered: the anus, genitals, pubic region and the perineum anal region of the human body. The term "semi-nude" shall not apply to an individual exposing a post puberty female nipple or areola in the process of breastfeeding a child under that person's care. SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio, or other commercial enterprise for which the regular offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer constitutes twenty-five percent (25%) or more of the items in inventory and/or floor space of the Sexually Oriented Business. The term shall also mean any commercial enterprise that self-identifies as an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency or nude model studio, regardless of whether the Page 5 of 7 Planning and Zoning Commission Minutes April 7, 2009 -- percentage of items in inventory and/or floor space constitute twenty-five percent (25%) or more of the total items in inventory and/or floor space. The following information was provided by legal counsel to the City Council as background for its consideration of the amendments to Chapter 18. Since 1994, new federal case law has been established that provides municipalities with additional tools in order to address the negative secondary effects of sexually oriented businesses ("SOB") that would locate within a city. Staff is therefore recommending adoption of an ordinance that would create a new Chapter 18 of the City of Euless, Texas Code of Ordinances. Required amendments to the Unified Development Code Chapter 84 will be brought forward for consideration by the Planning and Zoning Commission and the City Council at a future time. No changes are proposed that would change the zoning districts (Sec. 84-84) where the SOBs can make application for an SUP or the minimum distance requirements (Sec. 84-183). The City Council has been briefed on this proposed ordinance on several occasions by legal counsel, Bradford Bullock. The matter of regulating SOBs is very complicated, with many significant federal constitutional issues that come into play. Mr. Bullock has explained that SOBs enjoy various First Amendment protections; however, because various studies and cases have recognized that these businesses create negative secondary effects, the courts have recognized that local governments have an interest in mitigating those effects through content neutral time, place and manner restrictions. A municipality can rely on evidence from other cities of negative secondary effects, including increased crime and -- reductions in property values. The Supreme Court has upheld definitions that manage to balance First Amendment combat harmful secondary effects with time, place and manner regulations. Mr. Bullock has also explained that case law has established that non-obscene adult entertainment is a protected First Amendment activity for which local governments must make sites reasonably available. The proposed ordinance contains a new set of definitions to provide clarification and a better understanding of individual terms related to the complex regulation of SOBs. These definitions become very significant with respect to the issuance of a license to operate. The new ordinance specifically spells out what sexual acts, exposed parts of the human body, or what criminal convictions constitute the basis for denial of a permit. Adopted in this manner, Mr. Bullock believes that an ordinance containing such definitions can be upheld under a constitutional challenge because it has been recognized by the Courts that a "modicum of judgment" must be exercised by the regulators (municipality). Chairman McNeese asked for any proponents/opponents to come forward for any comments. Seeing none the public hearing was closed. Commissioner Huffman made a motion to approve case #09-01-UDC. Vice Chairman May seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Huffman, Porgutal, Mennis Nays: None Abstention: None Page 6 of 7 Planning and Zoning Commission Minutes April 7, 2009 The motion carried (6-0-0) ITEM 6 REPORTS There were no reports. ITEM 7 DIRECTOR'S REPORT Ron Young, Director of Public Works, gave an update of the overlaying that began the beginning of April. There being no further business the meeting was adjourned at 6:55 p.m. / /0, Chairm'n McNeese Date Page 7 of 7