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HomeMy WebLinkAbout2008-08-19 PLANNING AND ZONING August 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 Andy Bearden Vice Chairman Tony May George Zahn Monty Huffman LuAnn Portugal Troy Mennis Chris Barker, Assistant Director of Planning and Development Robert Barker, City Engineer Bill Ridgway, Director of Economic Development Paul Smith, Fire Marshal _. JT Ackerman, Public Works Manager Kurt Kasson, Building Official Holly Witt, Administrative Secretary VISITORS: Charles Dibrell, Esther Johnson, Tracy LaPiene, Robert Baldwin, Andrew Houis, Jim Boyd, Allen Hinkley THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Portugal and Invocation was given by Chairman McNeese. ITEM 1 APPROVAL OF MINUTES for called meeting of August 5, 2008 Commissioner Mennis made a motion to approve the minutes for called meeting of August 5, 2008. 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) Planning and Zoning Commission Minutes August 19, 2008 —' ITEM 2 CASE #08-03-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 Oakwood Terrace West Addition, Lots A2 and A3 from PD 1770 (Planned Development 1770) based on R-1L zoning to PD (Planned Development) based on R-1L zoning and consider a recommendation regarding an Ordinance. This property is located on S. Pipeline Road W. Chairman McNeese opened the public hearing. Chris Barker, Assistant Director of Planning and Development, gave a brief description of the case. The applicant, Courtyard Development, LP, represented by Mr. Charles Dibrell, is seeking an amendment to a Planned Development (#06-03-PD) that was approved in February 2007 for a single-family detached residential development based on R-1 L district development standards, on a 4.692 acre tract. Specifically, the amendment requested by the applicant would contain the following changes: 1. The overall number of lots would decline by one (1), from 24 Lots with 3 HOA Lots to 23 Lots with 3 HOA lots. 2. The average lot size has increased from 6,604 sq. ft. to 6,647 sq. ft. 3. Lot density would decrease from 5.12 homes/acre to 4.90 homes/acre. 4. Garage doors would no longer be required to be J-Swing, side or rear entry. Front entry garages would be allowed. Front entry garage homes would be required to contain full lawn sprinkler systems, fully sodded yards, landscaping with stone boarders, garage door openers, granite countertops, tile flooring, rounded corners in interior sheet rock, 9 to 10 foot ceiling heights in the first story, 42" cabinets, and window boxes. 5. A rear setback of 14 feet for Block B Lots 5 and 6. The rear setback for the remainder of the lots would remain at 15 feet. 6. The cabana and central water feature located in Block B Lot A has been removed; however the sidewalk and benches remain. All other aspects of the previously approved PD (#06-03-PD) will remain the same. Chris Barker stated the applicant's representative, Charles Dibrell, was available for any questions. Charles Dibrell, 2109 Franklin Drive, Arlington, Texas, gave a brief presentation. He stated the market and economy has changed since he has last appeared before the Commission. He has been approached by builders to construct $90,000-$110,000 homes and to construct an alley to meet the rear and side requirements. He feels that removing the J-Swing would allow a nicer product. — Don Dykstra, 807 Potomac Place, Southlake, Texas, stated Bloomfield Homes is under contract with Mr. Dibrell. His company has a series of homes in a subdivision located at the corner of Rufe Snow and Bursey where they built approximately 40 homes. The Page 2 of 11 Planning and Zoning Commission Minutes August 19, 2008 current market is competing more with the resale of a home so they have more upgrades such as stone on elevations and full sod. The front swing feature eliminates the master bedroom from being placed downstairs, which is not a typical desired layout. Charles Dibrell stated they are asking to allow a front entry option and commit these properties to upscale requirements. Chairman McNeese asked for any proponents/opponents to come forward for any comments. Seeing none the public hearing was closed. Commissioner Zahn asked Charles Dibrell if he objected to changing his note 13 to state all lots. Charles Dibrell stated he did not object, but Block A, Lot 3 and Block B, Lot 7 are going to be difficult to build on, because they are smaller lots. Therefore, they will require more creativity. Commissioner Huffman asked why the cabana and water feature were removed. Charles Dibrell stated they want to allow the HOA to decide if they want it as a pond or a cabana. Commissioner Portugal thanked Charles for his willingness to work with the City. Vice Chairman May stated he was glad to see the need for new homes. Chairman McNeese made comment that the two story homes, abutting the existing subdivision, would have their northern facing windows translucent glass. Chairman McNeese asked how the 6' wooden fences they will build impact the current fence line. Don Dykstra stated currently there is a chain link fence and they would build either a 6' to 8' fence adjacent to give the current homeowners the option to take their fence down. Chris Barker stated that typically the developer will work with the adjacent homeowners, and most often, the homeowner is happy to get a new fence and will take down their existing fence. Commissioner Huffman made a motion to approve case #08-03-PD with the following condition: 1) On note 13 replace "Homes with front entry garage" with "All lots with the exception of Block A, Lot 3 and Block B, Lot 7". Commissioner Portugal seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Huffman, Portugal, Mennis Nays: None Page 3 of 11 Planning and Zoning Commission Minutes August 19, 2008 Abstention: None The motion carried (6-0-0) ITEM 3 CASE #08-02-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 Levy Franklin Survey, A-513, Tracts 4F and 4F1 and a portion of Tract 4D for a Tire Repair in TX-121 (The 121 Gateway District) zoning and consider a recommendation regarding an Ordinance. This property is located in the 2500 block of Highway 121. Chairman McNeese opened the public hearing. Chris Barker, Assistant Director of Planning and Development, gave a brief description of the case. The applicant, National Tire and Battery, represented by Mr. Tracy LaPiene with Allen Ridinger Consulting, Inc., is seeking approval of a Specific Use Permit for Tire Repair store on .816 acres of land out of the L. Franklin Survey, A-513. The site is zoned TX-121 with the proposed land use requiring a Specific Use Permit. A separate Site Plan case will be submitted by the applicant should this Specific Use Permit be granted. Specifically, the applicant would construct an approximately 8,000 S.F., National Tire and Battery (NTB), single story building containing ten (10) service bays. The structure would feature 100% masonry construction through a combination of brick, stone and CMU block. Signage would include wall mounted business name signs, as well as placement on a proposed pole sign. In addition, the applicant is proposing an approximately 300 S.F. enclosed used tire storage building at the southeast corner of the property. This building would be 100% masonry (CMU block) with a roof and entry door. Entry to the site would be via a thirty (30) foot mutual access driveway constructed off of State Highway 121 that would also service adjacent lot development. In addition, the site would be accessed via a future constructed internal Mutual Access Easement Drive that will connect individual lots throughout the development. The project will also feature a masonry screening wall along the eastern property line and a portion (approximately 100') of the southern property line, adjacent to the Seramont Apartment complex. The remainder of the southern property line (approximately 135') is proposed to be left with its current wrought iron fencing that was placed by the apartment complex. NTB would propose to plant enhanced landscaping in this area as a further visual screen. The proposed site landscaping will meet or exceed all city requirements. NTB's hours of operations are from 7:00am to 8:00pm Monday through Friday, Saturday 7:00am to 7:00pm and from 9:00am to 6:00pm on Sundays. NTB provides the following general services; tire sales and installation, suspension repairs and service, wheel sales and service, alignments and brake related -- services, fluids and filters. A typical NTB store has 6 full time employees and sees approximately 20-40 customers per day. A decision to grant this request is perhaps based on whether one takes a short or a long term perspective, with either perspective Page 4 of 11 Planning and Zoning Commission Minutes August 19, 2008 as valid as the other. The subject property was rezoned to the TX-121 district as part of the citywide comprehensive rezoning in 1997. Development within this zoning district was contemplated to complement and enhance the economic and aesthetic value of the State Highway 121 Gateway area as a whole. Recently completed commercial development in the Shops at Vineyard Village is representative of the overall quality that the TX-121 development standards were intended to produce. The Glade Parks mixed- use Planned Development was approved this past Spring. The stand alone zoning district that was created contains site development and architectural design standards, as well as a permitted land use table that is intended to produce an even higher quality and type of development than the TX-121 zoning district. The State Highway 121 corridor in Euless remains one of the strongest commercial retail markets in northeast Tarrant County. The applicant is a quality service provider in its' field of business and would operate out of a quality facility that would meet or exceed all TX-121 site development standards. However, the remaining undeveloped property in the corridor is perhaps poised in the future to create a market for higher end restaurants and retail establishments that in the past have not located in Euless. Staff would recommend denial of the request based on the following findings: The benefits that the city gains from the proposed use do not outweigh the loss of or damage to any homes and businesses, and do not outweigh the personal and economic cost of any disruption to the lives, business, and property of individuals affected by the proposed use; and, The proposed use will be incompatible with the use and enjoyment of the neighboring residential use and could impair the property values within the vicinity. Chris Barker stated the applicant's representative, Robert Baldwin, was available for any questions. Allen Hinkley, 12201 Merit Drive #170, Dallas, Texas, stated they have owned this property since 1971 and in 1997-98 the City did an overlay district to try to achieve overall quality. They feel this is the highest and best use for this property. There is no off ramp to this location. They have tried to get restaurants such as Chipotle and Pot Belly but restaurants do not want to be at their location because they want to closer to the intersection. They are limiting the automotive uses to Christian Brothers and National Tire and Battery. They want to start the southern end and finish with high quality users. Robert Baldwin, 401 Exposition Avenue, Dallas, Texas, stated this is a unified development. He feels this development will not have any negative impact on the residential neighborhood. They have placed the new version of National Tire and Battery in high end neighborhoods such as; Los Colinas, Arlington, Frisco, and McKinney where they are in a retail area and back up to a residential area. A study showed that 80% of their clientele are woman and they prefer not to want to go to an industrial area but instead a retail area where they can drop off their vehicle and do some shopping. They do not take vehicles apart or keep them over night. There will be no outdoor storage and the facility will exceed masonry requirements. Page 5of11 Planning and Zoning Commission Minutes August 19, 2008 Chairman McNeese asked for any proponents/opponents to come forward for any comments. Seeing none the public hearing was closed. Vice Chairman May asked if it is common for National Tire and Battery to work with Christian Brothers. Robert Baldwin stated this is the first instance where they are a joint project. Vice Chairman May stated he appreciated them coming forth with their project. Commissioner Mennis stated this is a difficult situation because it's a question of is this the best use for this property. Commissioner Portugal asked if this store is their usual size for National Tire and Battery. Robert Baldwin stated this is the standard size for their new stores having 6 bays for tires and 4 bays for alignments and lubes. Commissioner Portugal asked if the hours of operation are standard. Robert Baldwin stated they usual open at 8:00am. Commissioner Portugal stated the neighbors might not appreciate the noise at 7:00am. Robert Baldwin stated the noise will be carried the opposite direction from the apartments and the sound study found the noise from the highway will drown out the noise from National Tire and Battery. Commissioner Portugal asked if they had any negative feedback from the apartments. Allen Hinkley stated they have had no negative feedback. This development will finish the original design and tie of the side of the street to create circulation from Centurion Way. Commissioner Huffman stated he was concerned about the hours of operation, especially on Sunday. Robert Baldwin stated this site is important to them and if they need to adjust the hours of operation in order to get the Commissions support they are willing to do so. The hours of operation were created to be convenient for the customer to drop of their car and return later to pick it up. This is a destination use and the best and highest use for this location. Commissioner Zahn stated the question is this business the best and highest use for this property. There is a quality product going across the highway and on Glade Road. Page 6 of 11 Planning and Zoning Commission Minutes August 19, 2008 '–" This could probably be a quality business but it is still an automotive repair business and may have negative effect on the neighboring property. Chairman McNeese stated the issue is this business the best and highest use for this property. He has a concern that in a matter of a few years that the quality of the business would decline and have a negative impact to adjacent properties. Commissioner Mennis made a motion to deny case #08-02-SUP based on Section 84- 153, Item 3 "The benefits that the city gains from the proposed use do not outweigh the loss of or damage to any homes and businesses, and do not outweigh the personal and economic cost of any disruption to the lives, business, and property of individuals affected by the proposed use"; and Item 8 "The proposed use will be incompatible with the use and enjoyment of the neighboring residential use and could impair the property values within the vicinity" out of the Code of Ordinances. Commissioner Zahn 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 #08-11-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 Levy Franklin Survey, A-513, portion of Tract 4D for a General Automotive Repair in TX-121 (The 121 Gateway District) zoning, and consider a recommendation regarding an Ordinance. This property is located on State Highway 121, south of Centurion Way. Chairman McNeese opened the public hearing. Chris Barker, Assistant Director of Planning and Development, gave a brief description of the case. The applicant, Christian Brothers Automotive, represented by Mr. Jonathan Hake of Cross Engineering Consulting, Inc., is seeking approval of a Specific Use Permit for General Automotive Repair on .673 acres of land out of the L. Franklin Survey, A-513. The site is zoned TX-121 with the proposed land use requiring a Specific Use Permit. A separate Site Plan case will be submitted by the applicant should this Specific Use Permit be granted. Specifically, the applicant would construct '— an approximately 5,106 S.F., Christian Brothers Automotive, single story building containing nine (9) service bays. The structure would feature 100% masonry construction through a combination of brick and stone. Signage would be limited to wall Page 7 of 11 Planning and Zoning Commission Minutes August 19, 2008 mounted business name signs. Entry to the site would be via a thirty (30) foot mutual access driveway constructed off of State Highway 121 that would also service adjacent lot development. In addition, the site would be accessed via a future constructed internal Mutual Access Easement Drive that will connect individual lots throughout the development. The project will also feature a masonry screening wall along the eastern property line, adjacent to the Seramont Apartment complex. The proposed site landscaping will meet or exceed all city requirements. Christian Brothers hours of operations are from 7:00am to 6:00pm Monday through Friday. Christian Brothers is closed Saturdays and Sundays. A decision to grant this request is perhaps based on whether one takes a short or a long term perspective, with either perspective as valid as the other. The subject property was rezoned to the TX-121 district as part of the citywide comprehensive rezoning in 1997. Development within this zoning district was contemplated to complement and enhance the economic and aesthetic value of the State Highway 121 Gateway area as a whole. Recently completed commercial development in the Shops at Vineyard Village is representative of the overall quality that the TX-121 development standards were intended to produce. The Glade Parks mixed- use Planned Development was approved this past Spring. The stand alone zoning district that was created contains site development and architectural design standards, as well as a permitted land use table that is intended to produce an even higher quality and type of development than the TX-121 zoning district. The State Highway 121 corridor in Euless remains one of the strongest commercial retail markets in northeast _. Tarrant County. The applicant is a quality service provider in its' field of business and would operate out of a quality facility that would meet or exceed all TX-121 site development standards. However, the remaining undeveloped property in the corridor is perhaps poised in the future to create a market for higher end restaurants and retail establishments that in the past have not located in Euless. Staff would recommend denial of the request based on the following findings: The benefits that the city gains from the proposed use do not outweigh the loss of or damage to any homes and businesses, and do not outweigh the personal and economic cost of any disruption to the lives, business, and property of individuals affected by the proposed use; The proposed use will be incompatible with the use and enjoyment of the neighboring residential use and could impair the property values within the vicinity. Chris Barker stated the applicant's representative, Andrew Houis, was available for any questions. Allen Hinkley, 12201 Merit Drive #170, Dallas, Texas, stated that the Glade Parks leasing team is also doing their leasing. The reason they are doing both sides is because there are different types of uses to go in the area. Glade Parks is a mixed use and there are other uses that compliment that. He is open for any suggestions from the Commission for alternative uses but he feels that this is the highest and best use for this property. Andrew Houis, 3006 Sunset Park, Katy, Texas, stated they are a Texas based company and are in 10 different states. They have been open since 1982 and have 54 locations with no closers meaning they have a 100% success rate. They are a retail destination Page 8 of 11 Planning and Zoning Commission Minutes August 19, 2008 and are in premier markets such as Dallas, Frisco, and Garland. They are open from 7:00am to 6:00pm Monday through Friday and offer a complimentary shuttle service for their customers. They open at 7:00am to offer the option to their customers to drop off their vehicle on the way to work. It would be difficult to find a restaurant or fast food user to go on this property because of the location of the access road. Many customers do not want to back track. They have similar locations in Dallas, Valley Ranch, Garland and Los Colinas where their business is adjacent to single family and have had no issues with them. Chairman McNeese asked for any proponents/opponents to come forward for any comments. Seeing none the public hearing was closed. Commissioner Zahn stated this case is a use proposal. Commissioner Portugal stated she feels that this is a quality business but she understands the City's vision. She wants the best and highest use for the community. Commissioner Mennis stated they have to answer the question is this the best use for this property and does this fit the vision for in 10 to 15 years from now. Chairman McNeese stated he has no doubt about the company but the vision and long ._ term for this area. Vice Chairman May made a motion to deny case #08-11-SUP. Commissioner Zahn seconded the motion; but after discussion regarding the basis for denial, withdrew his second of the motion. Commissioner Mennis then seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman May, Commissioners Portugal, Mennis Nays: Commissioner Huffman Abstention: Commissioner Zahn The motion carried (4-1-1) ITEM 5 CASE #08-02-UDC — HOLD PUBLIC HEARING REGARDING A UNIFIED DEVELOPMENT CODE AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE Open public hearing and approve a motion to continue the public hearing to the next meeting regarding a request by the City of Euless to amend Code of Ordinances Chapter 84 "Unified Development Code" Section 84-7 "Definitions and work usage", Section 84-84 "Permitted uses table", and add Section 84-85 "Special conditions by use type" (ah) "Transient dwellings". Page 9 of 11 Planning and Zoning Commission Minutes August 19, 2008 —' Chairman McNeese opened the public hearing. Chris Barker, Assistant Director of Planning and Development, gave a brief description of the case. Staff will provide a status of the development of a draft ordinance to create a separate land use category for "Dwellings, transient". Staff has been working with legal counsel to complete a final draft ordinance, but their remains some outstanding issues to resolve. Because notification was published, it is required that the public hearing be opened. Staff recommends that the public hearing be opened and a motion be approved to continue the public hearing to the September 2, 2008 Planning and Zoning Commission meeting. Commissioner Zahn made a motion to continue the public hearing for case #08-02-UDC until September 2, 2008. 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 6 CASE #08-03-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" Section 84-7 "Definitions and work usage", Section 84-84 "Permitted uses table", and add Section 84-85 "Special conditions by use type" (ai) "Antennas and Telecommunication facilities". Chairman McNeese opened the public hearing. Chris Barker, Assistant Director of Planning and Development, gave a brief description of the case. Staff is recommending the attached Ordinance regarding the regulation of cell phone towers Specifically, Section 84-84 " Permitted use table", "Public Utilities and Communications Facilities" of Chapter 84 "Unified Development Code" of the Code of Ordinances of the City of Euless, Texas, be amended that the categories of Antennas of any height, Telecommunications facilities (unmanned), and Telecommunications facilities and broadcast stations (manned) make reference in the Special Conditions column to "ai". Section 84-85 "Special Conditions by use type of Chapter 84 "Unified -- Development Code" of the Code of Ordinances of the City of Euless, Texas, be amended by the addition of a new section, "ai". Page 10 of 11 Planning and Zoning Commission Minutes August 19, 2008 Chairman McNeese asked for any proponents/opponents to come forward for any comments. Seeing none the public hearing was closed. Commissioner Mennis made a motion to approve case #08-03-UDC. 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 7 REPORTS There were no reports. ITEM 8 DIRECTOR'S REPORT There were no reports. There being no further business the meeting was adjourned at 8:04 p.m. f 2 C airman McNeese Date Page 11 of 11