HomeMy WebLinkAbout2008-02-19 -- PLANNING AND ZONING
February 19, 2008
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
Gary McKamie, City Manager
Mike Collins, Director of Planning and Development
Chris Barker, Planning and Development Manager
Ron Young, Director of Public Works
Robert Barker, City Engineer
JT Ackerman, Public Works Manager
Paul Smith, Fire Marshal
Bill Ridgway, Director of Economic Development
Holly Witt, Administrative Secretary
VISITORS: Zack Penn, Jackie Fluitt, Jason Payne, James Jennings, Nona Greenhill,
David Greenhill, Larry Schmidt, Karen Gilleland, Inoke Paipa, Stella Gilleland, David
Newman, Lesieli Vea, Robert Frederick, Martha Purdy, Brent Hildebrand, Dwight Gann
THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was
given by Commissioner Bearden and Invocation was given by Commissioner Mennis.
ITEM 1 APPROVAL OF MINUTES for called meeting of January 29, 2008
Commissioner Mennis made a motion to approve the minutes for called meeting of
January 29, 2008. Commissioner Portugal seconded the motion. The vote was as
follows:
Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Huffman,
Portugal, Bearden, Mennis
Nays: None
Abstention: None
Planning and Zoning Commission Minutes February 19, 2008
The motion carried (7-0-0)
ITEM 2 CASE #07-06-FP — CONSIDER A FINAL PLAT
Consider a request for a Final Plat changing Williamsburg Addition, Block
1, Lot 1 to Running Bear Estates, Block A, Lots 1-22. This property is
located at the northeast corner of Bear Creek Drive and Mid-Cities
Boulevard.
Chris Barker, Planning and Development Manager, gave a brief description of the case.
The applicant, Key Life Homes, represented by Mr. Jackie Fluitt, is requesting approval
of a Final Plat for a twenty-two (22) lot subdivision located on 5.378 acres of land out of
the Levi Franklin Survey, ABS. No. 513. The subject property is located at the
northeast corner of Mid-Cities Blvd. and Bear Creek Drive. The Planning and Zoning
commission recommended approval of a Planned Development (#06-02-PD) on
October 17, 2006 and the City Council granted approval on October 24, 2006 to create
this subdivision. The Planning and Zoning commission also approved the Preliminary
Plat (#07-03-PP) for this subdivision on April 3, 2007.
Chris Barker stated the applicant's representatives, Zack Penn and Jackie Fluitt, was
available for any questions.
There were no questions or comments among the Commissioners.
Commissioner Huffman made a motion to approve case #07-06-FP. 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 3 CASE #07-03-FP(2) — CONSIDER A FINAL PLAT
Consider a request for a Final Plat changing James M Matson Survey, A-
1080, Tract 1C2; Allen M Downen Survey, A-415, Tract 2C; and portion of
T Davis Subdivision, Lot 2A to The Villas at Texas Star, Phase 1, Block A,
Lots 1-8; Block B, Lots 1-6; Block C, Lots 1-5; Block D, Lots 1-4; Block E,
Lot 1; Block F, Lots 1-30; and Block J, Lots 1 and 2. This property is
-- located along W. Euless Boulevard.
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Planning and Zoning Commission Minutes February 19, 2008
Chris Barker, Planning and Development Manager, gave a brief description of the case.
The applicant, TS Development, LLC, represented by Mr. Justin Welborn, is requesting
approval of a Corrected Final Plat for fifty-six (56) lots located on 17.723 acres of land,
zoned "R-1 L" single family limited dwelling district, out of the Allen M Downen Survey,
ABS. No. 415. The subject property, known as The Villas at Texas Star Phase I, is
located on the north side of W. Euless Blvd., east of Westpark Way, with Debra Drive as
its east boundary, directly across from Texas Star Parkway. The Planning and Zoning
commission approved a Preliminary Plat (#06-03-PP) for the subject property on
February 6, 2007. A categorical zone change (#06-02-ZC) to R-1L was recommended
by the Planning and Zoning Commission on October 3, 2006, and was approved by the
City Council on October 10, 2006, creating a 112 lot subdivision on 28.83 acres. The
Planning and Zoning commission then approved a Final Plat (#07-03-FP) for the subject
property on January 29, 2008. After the approval and filing of the Final Plat, the
applicant discovered some minor typographical errors that were called to the city's
attention. This Corrected Final Plat will correct these minor typographical errors and
replace the previously filed Final Plat.
There were no questions or comments among the Commissioners.
Commissioner Zahn made a motion to approve case #07-03-FP(2). Commissioner
Huffman 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 #07-24-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
Shops at Vineyard Village Addition, Block A, Lot 8 for a Eating
Establishment with Drive Through in TX-121 (The 121 Gateway District)
zoning, and consider a recommendation regarding an Ordinance. This
property is located on Shops at Vineyard Village Addition, Block A, Lot 8,
2830 Highway 121.
Chairman McNeese opened the public hearing.
- Chris Barker, Planning and Development Manager, gave a brief description of the case.
The applicant, Pollo Campero USA Corp., represented by Mr. William Stueber, is
seeking approval of a Specific Use Permit for an Eating Establishment with Drive
Page 3of9
Planning and Zoning Commission Minutes February 19, 2008
Through on a 0.8414 acre site located at The Shops at Vineyard Village Addition, Block
A, Lot 8. The subject property is zoned "TX-121" The 121 Gateway District with the
proposed land use requiring a Specific Use Permit. The Planning and Zoning
Commission is being asked to consider a Site Plan (Case Number 07-20-SP)
concurrently with this Specific Use Permit submittal.
Chris Barker stated the applicant's representative, Jason Payne, was available for any
questions.
Chairman McNeese asked for any proponents/opponents to come forward for any
comments. Seeing none the public hearing was closed.
Commissioner Bearden expressed concern with the color scheme as well as the
chicken feet in comparison with the surrounding establishments.
Vice Chairman May asked if the color scheme will be consistent to the color drawing
provided.
Jason Payne, 5728 LBJ Freeway #300, Dallas, Texas, stated that the intent is to match
the submitted color elevation.
_ Commissioner Portugal stated she is familiar with the Dallas location and feels that this
will be a good development for Euless.
Chairman McNeese asked that photos of the Dallas location be provided for City
Council to compare the percentage of stucco used for the project in relation to the
Euless location.
Vice Chairman May made a motion to approve case #07-24-SUP. Commissioner
Portugal 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 5 CASE #07-20-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 Shops at Vineyard
Village Addition, Block A, Lot 8, 2830 Highway 121.
Page 4 of 9
Planning and Zoning Commission Minutes February 19, 2008
"- Chris Barker, Planning and Development Manager, gave a brief description of the case.
The applicant, Polio Campero USA Corp., represented by Mr. William Stueber, is
seeking approval of a Site Plan for an Eating Establishment with Drive Through on a
0.8414 acre site located at Shops at Vineyard Village Addition, Block A, Lot 8. The
subject property is zoned "TX-121" The 121 Gateway District with the proposed land
use requiring a Specific Use Permit. The Planning and Zoning Commission is being
asked to consider a Specific Use Permit (Case Number 07-24-SUP) concurrently with
this Site Plan submittal. Specifically, the applicant would construct a 2,861 S.F., single
story, restaurant with a single drive through lane. The structure would feature 100%
masonry construction through a combination of true stucco and CMU block (not more
than 25% smooth faced). Signage would include wall mounted business name signs,
as well as placement on the Vineyard Village Multi-Tennant pole sign. Entry points to
the restaurant site would be constructed off of State Highway 121 via currently
constructed internal Mutual Access Easement Drives that tie the Shops of Vineyard
Village Development together. The proposed site landscaping will meet or exceed all
city requirements.
Chris Barker stated the applicant's representative, Jason Payne, was available for any
questions.
There were no questions or comments among the Commissioners.
Commissioner Mennis made a motion to approve case #07-20-SP. 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 CASE #08-01-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
Cresthaven Addition, Block 1, Lots 1-8, Lot 9R, Lots 11-24; Block 2, Lots
1-13, Lot 13A, Lots 14-27; Block 3, Lots 1-15 from C-2 (Community
Business District) zoning to TX-10 (Texas Highway 10 Multi-Use District)
zoning and consider a recommendation regarding an Ordinance. This
property is located on Heather Drive, Cresthaven Drive, and Highland
Drive.
Chairman McNeese opened the public hearing.
Page 5 of 9
Planning and Zoning Commission Minutes February 19, 2008
Mike Collins, Director of Planning and Development, gave a brief description of the
case. The City of Euless has initiated the rezoning of an approximately fifteen (15) acre
area, which consists of sixty-six (66) lots, from "C-2" (Community Business District)
zoning to "TX-10" (Texas Highway 10 Multi-Use District). The subject properties are
located between S.H. 10 and S. Pipeline Road, on Heather Drive, Cresthaven Drive,
and Highland Drive. Section 84-28 establishes the process for amending the zoning
regulations. Specifically, (e) identifies the process for the city to initiate a zone change
and (g) establishes that approval by three-fourths vote of the City Council is required if
the commission recommends denial of the amendment or written protest is received
from owners of 20% or more of the area included within such proposed change.
Developed in the 1950's with approximately 1,100 square foot wood frame homes on
lots that range in size between 9,000 and 1100 square feet or typically 80' x 125', the
subject properties were rezoned in 1997 to C-2 "community business district". City
staffs contention is that the C-2 zoning has not resulted in the intended positive impact
to the area as a whole. Over the last decade, the private marketplace has created an
area in transition, with a variety of primarily residential rental properties and a few
commercial enterprises existing side by side. The residential uses are legally existing
non-conforming. Issues are dealt with frequently related to outdoor storage, vehicles
and trailers parked on unimproved surfaces, and the overall appearance of the area.
Chairman McNeese asked for any proponents/opponents to come forward for any
comments.
James Jennings, 905 Cresthaven Drive, Euless, Texas, thanked the Commission for
letting him voice his concerns. He strongly protests this proposed zoning change and
believes there is no legitimate justification for this change. This has more to do with
code enforcement. He went over the Conditions of Approval in the Zoning Change
Application and stated none of the 66 proposed properties have frontage on Highway 10
and nor do they meet minimum lot requirements of 22,500 square feet or the minimum
130 feet lot width. He feels this change will only decrease property value over the next
several years. He recommends that the City of Euless approach the property owners
with a buyout plan offering fair market value to either business owners or homeowners.
Karen Gilleland, 1009 and 1011 Highland Drive, Euless, Texas, stated Shield Awards
has been in business since 1973, she has worked there since 1986, and proudly bought
the company ten (10) years ago. Her two properties sit at 21,436.25 square feet and
TX-10 requires a minimum of 22,500 square feet. The only way to expand is north and
the Humphreys, 1007 Highland Drive, are remodeling from the ground up and do not
intend to sell or move, therefore she is trapped. She feels if Code Enforcement would
increase their efforts this would help the area.
Martha Purdy, 907 Highland Drive, Euless, Texas, stated that the Commission should
listen to James Jennings and Karen Gilleland; and if not, there could be some new folks
running for City Council.
Page 6 of 9
Planning and Zoning Commission Minutes February 19, 2008
Brent Hildebrand, 901 Cresthaven Drive, Euless, Texas, thanked the Commission for
allowing him to speak. He owns Diamond Roofing and since the April 2007 hail storms
it has been the best year they have had. He has remodeled his location. He far
exceeds what code requires, with trees and energy efficient lighting and decking,
concrete, etc. It is a private office for him and contractors to do paper work. He is doing
stone and stucco combination instead of the masonry. He feels that if C-2 was
enforced, than it would dress up the neighborhood.
Mike Collins stated if the C-2 was changed to TX-10 it would affect new development.
Existing business owners would be allowed to run their business as long as they want
to. They can sell to another permitted commercial use if the property does not sit
vacant for six (6) months or longer. As a legal existing non-conforming use, a resident
could sell their property as residential if it does not sit vacant for six (6) months. If the
zoning from C-2 to TX-10 went through, then the properties would be non-conforming
and would have to abide by TX-10 requirements if more than 50% of value was lost,
such as a loss from fire.
Dwight Gann, 901 Heather Drive, Euless, Texas, stated he was been there since
January 13, 1969 and when he moved in it was zoned Industrial. He does not feel TX-
10 will increase property value and possible may decrease the value. He would like to
see the zoning be left alone.
David Newman, 909 Cresthaven Drive, Euless, Texas, stated he did start a business in
the 80's and it was successful. He feels that TX-10 opens up condemnation
proceedings for these properties.
Dwight Gann spoke again and stated his belief that if improvements were proposed,
such as a carport, it could not be done unless they conform to TX-10 requirements.
Mike Collins stated landscaping or concrete parking could be done by getting a permit.
There could be no enlargement of a non-conforming structure or use.
James Jennings stated the desired effect will not happen if this goes through because if
he cannot sell his property than he will not move out until it is purchased.
Chairman McNeese closed the public hearing.
Commissioners Huffman and Portugal thanked those who came to the meeting.
Commissioner Bearden thanked the audience. He asked staff if under current C-2
code, if a residence sits longer than six (6) months would they have to conform to C-2
standards and this would not change if the TX-10 zoning were adopted.
-- Mike Collins stated that is correct.
Commissioner Bearden asked staff to address what would constitute condemnation.
Page 7 of 9
Planning and Zoning Commission Minutes February 19, 2008
Mike Collins stated there are a number of circumstances but a couple would be: 1) the
structure was to fall under the abatement of a dangerous structure by the Building
Official or 2) A declaration of public purpose to construct a road or other similar
improvements.
Commissioner Mennis thanked those who came to the meeting and wanted to let them
know that it is not the intent to condemn these properties.
Vice Chairman May thanked everyone and wanted to make clear that this Commission
was a recommending Commission to the City Council. They have to consider the
highest and best use.
Commissioner Zahn echoed that they have to look at the highest and best use. He
understands their concerns.
Chairman McNeese called for a five (5) minutes recess.
Chairman McNeese reconvened the meeting and stated he appreciated everyone's
input and he feels that each of the citizens is supportive of a plan to improve their
neighborhood. He suggested that this case be tabled to give staff time to visit with each
citizen and come to a middle ground to achieve the long term goal of improving this
area.
Commissioner Zahn made a motion to table case #08-01-ZC. Commissioner Bearden
seconded the motion. The vote was as follows:
Ayes: Chairman McNeese, Commissioners Zahn, Huffman, Portugal, Bearden, Mennis
Nays: Vice Chairman May
Abstention: None
The motion carried (6-1-0)
ITEM 7 CASE #08-01-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" and Section 84-84 "Permitted uses table".
-- Chairman McNeese opened the public hearing.
Page 8 of 9
Planning and Zoning Commission Minutes February 19, 2008
— Mike Collins, Director of Planning and Development, gave a brief description of the
case. City staff has recently discovered that there are a few conflicts in how the land
use "Rooming and Boarding House" is defined in the Comprehensive Code of
Ordinances. Staff recommends that the following definition be adopted and included in
the current areas identified below: "Rooming and Boarding House - "An Establishment,
other than eleemosynary or other nonprofit institution, primarily engaged in renting
rooms, with or without board, on a fee basis, to four or more persons not related by
blood, marriage, or adoption." Council will be considering an amendment to Chapter 14
concurrent with the UDC amendments.
Commissioner Bearden made a motion to approve case #08-01-UDC. Commissioner
Huffman 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 8 REPORTS
There were no reports.
ITEM 9 DIRECTOR'S REPORT
There were no reports.
There being no further business the meeting was adjourned at 8:38 p.m.
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