HomeMy WebLinkAbout2009-07-21 PLANNING AND ZONING
July 21, 2009
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 Tony May
George Zahn
Monty Huffman
LuAnn Portugal
Andy Bearden
Troy Mennis
Mike Collins, Director of Planning and Development
Chris Barker, Assistant Director of Planning and Development
Ron Young, Director of Public Works
_ Robert Barker, City Engineer
Vernon Gilmore, Fire Inspector
JT Ackerman, Public Works Manager
Stephen Cook, Senior Planner
VISITORS: Tim Sullivan, Matt Moore, Pann Sribhen, Rick McNealy, Esther Johnson,
Mohammad Salem
THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Invocation was given by
Commissioner Bearden and the Pledge of Allegiance was given by Chairman McNeese.
ITEM 1 APPROVAL OF MINUTES for called meeting of July 7, 2009
Vice Chairman May made a motion to approve the minutes for called meeting of July 7,
2009. Commissioner Zahn seconded the motion. The vote was as follows:
Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Huffman,
Portugal, Bearden, Mennis
Nays: None
Abstention: None
-- The motion carried (7-0-0)
Planning and Zoning Commission Minutes July 21, 2009
ITEM 2 CASE #08-06-RP – HOLD PUBLIC HEARING AND CONSIDER A
REQUEST FOR A REPLAT
Receive public input and consider a request for a Replat of Oak Forest
Addition, Block 2, Lots 7 and 8 to Oak Forest Addition, Block 2, Lots 7R
and 8R in order to construct a Commercial Development. This property is
located at 220 and 230 W. Harwood Road.
Stephen Cook, Senior Planner, gave a brief description of the case. Alina Investments,
Inc. has made application for a replat of approximately1.43 acres located north of
Harwood Road, west of North Main Street. The physical address for the property to be
replatted is 220 and 230 W. Harwood Road. The "C-2" (Community Business District)
zoned property is being replatted to allow the construction of a drive-thru restaurant.
The Planning and Zoning Commission recommended approved of a site plan for a
Church's Chicken restaurant on May 19, 2009. The site plan was subsequently
approved by the City Council on June 9, 2009. The replat describes the lot dimensions
and location of all easements required for the development of the site. ,
There were no questions among the Commission.
Commissioner Mennis made a motion to approve case #08-06-RP. Commissioner
Portugal seconded the motion. The vote was as follows:
Ayes: Chairman McNeese, Vice Chairman May, Commisisoners Zahn, Huffman,
Portugal, Bearden, Mennis
Nays: None
Abstention: None
The motion carried (7-0-0)
ITEM 3 CASE #08-07-FP – CONSIDER A FINAL PLAT
Consider a request for a Final Plat changing Euless Gardens Addition, Lot
5 and Andrew Huitt Survey, A-684, Tract 1E and portion of Tracts 1E04
and 1E06 to Vine Subdivision, Block A, Lots 1 and 2. This property is
located at 421 and 431 W. Airport Freeway.
Stephen Cook, Senior Planner, gave a brief description of the case. The applicant,
Mani Singh is requesting the approval of a Final Plat for two (2) lots located on 3.685
acres of land out of the A. J. Huitt Survey, A-684. The subject property is located on the
south side of Huffman Road, immediately west of Vine Street and is zoned "C-2"
— Community Business District. The Final Plat will create the Vine Subdivision, Block 2,
Lots1 and 2. The Final Plat represents a record of the subdivision property including an
accurate description of blocks, right-of-way, easements and building lines. The
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Planning and Zoning Commission Minutes July 21, 2009
— proposed Final Plat is in compliance with all "C-2"-Community Business District
development standards. A Letter of Acceptable Public Improvements has been issued
by the City Engineer.
There were no questions among the Commission.
Commissioner Bearden made a motion to approve case #08-07-FP. Vice Chairman
seconded the motion. The vote was as follows:
Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Huffman,
Portugal, Bearden, Mennis
Nays: None
Abstention: None
The motion carried (7-0-0)
ITEM 4 CASE #09-01-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 Nursing Center Addition, Block A, Lot 1 and portion of James M
Matson Survey, A-1080, Tract 3D from R-1 (Single-Family Detached
Dwelling District) zoning to PD (Planned Development) zoning and
consider a recommendation regarding an Ordinance. This property is
located at 900 Westpark Way.
Chairman McNeese opened the public hearing.
Stephen Cook, Senior Planner, gave a brief description of the case. The applicant,
Smithers Merchant Builder, LP, on behalf of Firehole River Real Estate Holdings-
Euless, LP, represented by Mr. Pan Sribhen, is seeking approval of a Planned
Development Zoning Change for 5.375 acres located at 900 Westpark Way in Euless,
Texas. The property is currently zoned R-1 (Single-Family Detached Dwelling District).
A Site Plan (#09-03-SP) is currently under review by the Development Review
Committee and will be brought forward for Planning and Zoning Commission
consideration pending the successful approval of this PD zoning change. Specifically,
the applicant intends to construct a 14,371 square foot addition to the existing 36,432
square foot Legend Healthcare and Rehabilitation facility located on the property. The
facility addition would consist of a single, one-story structure located on and connecting
to the southern side of the existing structure. The addition will expand the capacity of
the existing skilled nursing center by 20 beds, bringing the total number of beds at the
facility to 140. The project would also contain all associated and required parking,
landscaping, fire lanes and screening. The existing skilled nursing facility, Legends
Healthcare and Rehabilitation, is a legally existing non-conforming use in the present R-
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Planning and Zoning Commission Minutes July 21, 2009
1(Single-Family Detached Dwelling District) zoning. This status is due to the fact that
the existing facility was constructed prior to the adoption of the Unified Development
Code and its associated zoning district regulations. In order for the applicant to expand
their facility, rezoning of the property is required. At the city staffs direction, the
applicant has applied for a Planned Development zoning change specifically for a
skilled nursing center. The Unified Development Code provides that the design
standards for a Planned Development shall be set at the least intensive district in which
the use is allowed. The least intensive district in which "Nursing and Personal Care
Facilities" are allowed by Specific Use Permit is the R-3 residential zoning district.
Therefore staff has recommended that the design standards (setbacks, lot area) of the
R-3 zoning district be applied to this PD zoning district.
Tim Sullivan, 4504 Briar Haven Road, Fort Worth, Texas, stated 20 beds to further meet
the needs of the residents. To meet the federal and state requirements a nurse's
station, common area, janitor closets and medicine rooms will be a part of the addition
to support the 20 new beds.
Chairman McNeese asked for any proponents/opponents to come forward for any
comments. Seeing none the public hearing was closed.
Commissioner Portugal asked how this property is currently divided from the
neighboring homes.
Tim Sullivan stated the property to the north has a masonry fence from the street to the
building line. From the building line to the back west property line is a wood stock aid
fence. Across the back property has a wood stock aid and chain link fence. The wood
stock aid fence on the north property line is maintained by Legend and north of that is a
double fence maintained by the residences.
Commissioner Zahn asked if the underlying zoning would be R-1.
Chris Barker, Assistant Director of Planning and Development, stated the current zoning
is R-1 and the underlying zoning with the Planned Development would be R-3 because
per code that the design standards for a Planned Development shall be set to at the
least intense zoning district.
Chairman McNeese asked if the nursing facility is currently in compliance with all
federal and state regulations.
Tim Sullivan stated they are in compliance.
Chairman McNeese asked what the current capacity is.
Tim Sullivan stated they have 120 beds and 108 is the capacity. This is the reason for
the addition because at the time of original construction the rooms meet the standards
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—' but with the growing population, wheel chairs and oxygen concentrators the rooms have
become cramped.
Chairman McNeese asked if this facility is one of many they owned.
Tim Sullivan stated they have 14 facilities in the state of Texas, 7 under construction,
and 3 facilities being added onto.
Chairman McNeese asked if there were any future plans for the property to the south.
Tim Sullivan stated there are not because of the creek coming in from two different
angles.
Commissioner Zahn made a motion to approve case #09-01-PD. Commissioner
Mennis seconded the motion. The vote was as follows:
Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Portugal,
Bearden, Mennis
Nays: Commissioner Huffman
Abstention: None
The motion carried (6-1-0)
ITEM 5 CASE #09-02-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 the City of Euless to amend Code of Ordinances Chapter 84 "Unified
Development Code" by replacing in its entirety Article VI "Signs and Street
Graphics Regulations".
Chairman McNeese opened the public hearing.
Stephen Cook, Senior Planner, gave a brief description of the case. The objectives of
the proposed changes to the current sign ordinance are to: identify revisions or
additions that would improve the efficiency and effectiveness in administering the
ordinance; further enhance the City's aesthetic image; and, effectively serve the needs
of the community's businesses and residential areas. The recommended changes are a
product of extensive input of the City Council and Planning and Zoning Commission,
and are tailored to fit the needs and unique character of the City of Euless. The format
has been reworked to establish a better flow and to make the ordinance user friendly.
-- No longer will it be necessary for the reader to reference multiple sections to determine
the requirements for a particular sign or group of signs. Additional definitions of specific
types of signage have also been provided as well. We have used "shirt sleeve"
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Planning and Zoning Commission Minutes July 21, 2009
— language when possible. Several specific regulations contained in the proposed
ordinance include the following:
WALL SIGNS (Primary) – The amount of wall signage and the number of signs be
directly proportionate to the width of the elevation and height of the building. Currently,
the ordinance establishes that "any number of wall signs are permitted as long as it
does not exceed 30% of the wall elevation", including windows and doors. This form of
signage perhaps produces the most on-site "visual clutter" and contributes to an overall
"negative appearance".
Wall signs (painted) would be subject to the following conditions:
Existing signs in excess of the new wall sign standards will become legally
existing non-conforming; and,
Legally existing non-conforming painted on signs will have to brought to current
standards at issuance of new or re-issued Certificate of Occupancy
WALL SIGNS (Secondary) – In addition to the primary wall sign(s), a secondary wall
sign that is no greater then 10% of the size of the primary wall sign is permitted.
WINDOW SIGNS – Currently the ordinance establishes a 30% of the wall elevation,
including with windows and doors, (think of QuikTrip), with banners, painted window
signage, interior window signage, and neon tubing attached directly to the wall be
included as part of the total wall elevation coverage.
A maximum coverage of 15% for each window pane is proposed.
BANNERS – Currently, the ordinance defines banner signs in the following manner: the
banner must be affixed flush to the wall surface; the banner must be kept in good
condition and kept neatly painted; signs must be made of durable weatherproof
material; banners must be used ancillary to the legally permanent name sign; and
establish that a business must have a legally permitted permanent name sign in order to
use banners.
The proposed ordinance would establish the use of banners may be permitted as
temporary signs with specific time limits and they may be approved as part of a Special
Event Permit. Examples of a special event permit would include "Grand Openings" or
"Special Prices" signs used during annual sales events.
WEEKEND PARKWAY SIGN – We currently allow one (1) parkway sign for each multi-
family complex, limited to no greater than three (3) feet in height nor exceed six (6)
square feet (per side). The signs can be set out noon on Friday and picked up by noon
on Monday. Weekend Parkway Signs permits may also be issued to new single-family
-- residential builders.
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The proposed ordinance would prohibit the use of weekend parkway signs and
establish a Kiosk Sign program.
SPECIAL EVENT SIGNS — Utilized most frequently by the apartment community and by
new businesses for grand opening type of events, we currently issue a Special Event
Sign Permit that provides flexibility for the applicant to utilize nonrigid temporary signs
such as balloons and or other inflatables. Consistent with the needs of the apartment
community and to allow greater flexibility, we propose to allow 7 days per permit, with
no more than four (4) permits per year.
BALLOONS — We currently allow balloons less than 24" in diameter in multi-family
zoned areas if they are attached to the property's legally permitted permanent name
sign.
The proposed ordinance would only allow the use of balloons if approved with a Special
Event Sign permit.
ELECTRONIC MESSAGE —Currently we define electronic message center as "any sign
that has the ability to electronically change the messages that are displayed". We
further establish in Prohibitive Sign Characteristics that signs have no motion or create
excessive illumination and that no more than 40% of the sign face can be comprised of
_ the electronic message. The message must appear in its entirety and remain static, no
change for at least fifteen seconds.
GENERAL BUSINESS SIGNS — The ordinance currently establishes for pole signs on
State Highways that hotels/motels, fuels sales, and restaurants within 300 feet of
freeway right of way are permitted a sixty (60) foot tall sign, with a maximum area of 300
feet. All other general business signs are permitted to be fifty (50) feet, with a maximum
area of 250 feet.
The proposed ordinance would establish The new ordinance further specifies the
different types of freestanding general business signs into three major categories:
1) POLE/PYLON SIGNS — Pole and Pylon signs will be permitted in the City with
the same dimension, height, setbacks (from curb and other signs) and materials
as is currently allowed within the development code. The size of Pole and Pylon
signs are dependent on the business' location adjacent to roadway types —
maximum regulations generally increase when located next to higher traffic
roads.
2) MULTI-TENANT DEVELOPMENT SIGNS — Similar to pole signs, the current
ordinance regulates the dimensional standards of signs which are used to
-- advertise multiple businesses on the same sign. The new ordinance establishes
a more specific definition for these types of signs that allows them to be
constructed as either pole/pylon signs or as monument signs. In addition the
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ordinance requires a higher level of planning if several individual multi-tenant
signs are intended to be used (as is the case for the Shops at Vineyard Village).
Under the new ordinance, a single development on one parcel (such as a small
strip center) would be allowed to construct one Multi-Tenant Development Sign
without any additional free-standing signs. If a development contains many tracts
and proposes several signs, the developer would be required to complete a
Unified Sign Development Plan which requires a specific location plan for all of
the signs in relationship to proposed structures and internal circulation.
3) MONUMENT SIGNS — The third type of freestanding general business sign is a
monument sign. The new ordinance provides specifications as to the height; size;
and setbacks for a monument sign and requires that monument signs be
constructed of masonry materials.
UNIFIED SIGN DEVELOPMENT PLAN — If a particular development requires multiple
freestanding sign types and locations (combination of multi-tenant, monument, internal
directional signs) then the developer will submit a plan that will show the location,
dimensions and relationship to buildings and internal circulation to the site. This plan will
enable the City to allow flexibility in usage of signage for larger developments, but still
maintain consistency of how signs will be managed in the city.
_. INFLATABLE DEVICE SIGNS — Inflatable device signs which may include all inflatable
animals, characters and other devices designed to attract attention through size, shape
or internal air movement will be required to be specifically permitted. To reduce the
clutter of these types of devices, inflatable signs will be required to be ground mounted
(no longer allowed on rooftops of buildings) and may not placed within any required
parking spaces on the site or within right-of-way.
NON-CONFORMING SIGN — Any sign and its supporting structure that does not
conform to all or any portion of the new ordinance and was in existence and lawfully
erected prior to the effective date of the new ordinance. If a business closes and the
sign permit is no longer valid, the new ordinance allows the City to issue a letter
requiring the property owner to remove the sign. Additionally, if signs become
dilapidated or in disrepair, the Building Official can have the signs removed or required
to be rebuilt and re-permitted.
Chairman McNeese asked for any proponents/opponents to come forward for any
comments. Seeing none the public hearing was closed.
Commissioner Bearden was concerned that the home builders were not notified of the
public hearing because it affects their business and marketing model along with a fine of
$200 and pay to be on kiosk signs. Currently there are less than a dozen communities
under development. Generally if construction is low the kiosk sign company will
-- increase the builder's fee's to use their kiosk.
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Mike Collins stated the timing with active subdivisions as opposed to when the activity
was much higher does make the timing inappropriate. A decision was made to include
a provision to allow kiosk signs in the future; it's only if City Council approves a program
for a company to do the kiosk signs. A provision is in place to allow that if City Council
has not approved a program by January 1, 2010 then the kiosk signs would not be in
place. At this point the builders would continue to place out weekend bandit signs.
Commissioner Bearden stated weekend signs are prohibited according to page 43,
section 107.
Stephen Cook pointed out the provision on page 17, section 43 that City Council "may"
approve the kiosk sign program. Until the ordinance is in effect, January 1, 2010, bandit
signs are permitted.
Commissioner Bearden stated his concern is that it states the weekend signs are
"hereby prohibited" and the builders were not notified.
Chris Barker stated weekend signs are prohibited from the effective date of the
ordinance and the kiosk sign program may be approved by City Council. The plan is to
market and educate the builders and some businesses that would be affected by this
once the ordinance goes before City Council.
Vice Chairman May shared the same concern as Commissioner Bearden.
Mike Collins stated staff has been involved and has done a thorough review in regards
to the signs. There has been contact with the convenient store operators and and
apartment communities. It was found that there were about 4-5 intersections specific to
home builders placing their signs out that were legal and not in the right of way. The
kiosk signs would be proposed to be in those same locations where builders had
already selected for their advertisement.
Commissioner Bearden does not feel that there are enough builders to support a kiosk
sign program and thus his concern was that their weekend signs would be prohibited.
Mike Collins stated the Commission could eliminate the kiosk sign program and leave
the language prohibiting weekend signs or continue to allow the weekend signs. In
either case if and when there is a kiosk sign program there would be an amendment to
allow kiosk signs and address the weekend signs.
Commissioner Zahn proposed that a change be made to allow parkway signs until such
time a kiosk sign program is adopted.
Chris Barker asked that if there is no kiosk program adopted that there be provisions to
-- regulate weekend signs because the intent was to prohibit them. It would be asked to
be on private property, with owner's permission, and outside of site visibility triangles.
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Commissioner Bearden asked that on page 4, Section 4, in the first paragraph that the
word "Euless" be changed to "Local Community" because the Mid Cities Peewee
Football is an active organization.
The Commission discussed alternatives for amending the ordinance to allow temporary
banners such as for First Baptist Church when they have their October Festival.
Chris Barker made a recommendation for a provision regarding banners within Section
88 to refer back to Section 10 (c) to allow a shroud banner sign draped over the
permitted existing pole sign, not to exceed the size of the permitted pole sign.
Commissioner Zahn made a motion to approve case #09-02-UDC with the following
amendments: 1) Eliminate Section 43 "Kiosk Signs" 2) Amend Section 107 "Weekend
Parkway Sign" that they would be prohibited if a kiosk sign program is approved by City
Council. If weekend signs are permitted they will be subject to getting a permit, sized by
maximum of 6 square feet, placed out only from Friday 12pm to Monday 12 pm, placed
on private property, have property owner's permission, and are outside of any site
visibility triangles; 3) In Section 4 "Athletic Registration Signs" to change "Euless" to
"Local Community"; and 4) Add a provision regarding banners within Section 88
"Special Event Sign Permit" to refer back to Section 10 "Banner", Item (c) "Manner" to
allow a shroud banner sign draped over the permitted existing pole sign, not to exceed
the size of the permitted pole sign. Commissioner Bearden seconded the motion. The
vote was as follows:
Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Huffman,
Portugal, Bearden, Mennis
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 8:20 p.m. y
Chairman McNeese Date
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