Loading...
HomeMy WebLinkAbout1998-12-01 AGENDA PLANNING AND ZONING COMMISSION City of Euless Council Chambers- Building "B„ 201 No Ector Drive, Euless, Texas 79039 December 1, 1998 5:30 P.M, -- Pre-Commission Meeting (Conference Room- Building "C") 7,00 P.M. ® Call to Order (Council Chambers- Building "B") PLEDGE OF ALLEGIANCE ®Commissioner Eggers INVOCATION.- Commissioner Zahn APPROVAL. OF MINUTES- Regular meeting of November 17, 1998 AGENDA ITEMS; ITEM 1 RECOMMENDATION OF - SITE PLAN - #98-04RSP - 183 ADDITION, BLOCK 1, LOT 2-R Consider a recommendation on a Site Plan for a 5,389 square feet office building located in the 183 Addition, Block 1, Lot 2-R at 811 W. Euless Boulevard. ITEM 2 CONSIDERATION -- LAND PLAN - #98-16-LP - UNIVEST° PROPERTIES Consider the request of Univest Properties for a land plan of 54.89 acres of land out of the Bryant Harrington Survey, Abstract #808, Tracts 2, 2B, 2C, 3, 3B, 4, 4B, and Levi Franklin Survey, Abstract #513, Tracts 4D, 4F, 4F1; located on the east side of SH 121, south of Glade Road and north of Mid-Cities Boulevard. ITEM 3 PUBLIC HEARING m PLANNED DEVELOPMENT - #98-039PD - FAIRFIELD RESIDENTIAL Public input regarding the request of Fairfield Residential for a multi-family residential development, changing the zoning from CUD 739 and CUD 768 (for varying Density Multi--Family) and C-2 (Community Business District) into PD (Planned Development for a tract Frith multi family Frith 17.9 units per acre (365 units), a tract with assisted living, and a public park) in the Bryant Harrington Survey, Abstract #808, Tracts 2, 2C. 3B, and a portion of Tract 3, Levi Franklin Survey, Abstract #513, portions of Tracts 413, 4F, 4F1, located on the east side of SH 121, south of Glade Road and north of Mid-Cities Boulevard. ITEM 4 RECOMMENDATION - PLANNED DEVELOPMENT _ 8-03-PD -- FAIRFIELD RESIDENTIAL Consider the recommendation regarding the request at Fairfield Residential for a multi-family residential development, changing the zoning from CUD 738 and DUD 768 (for varying Density Multi-Family) and C-2 (Community Business District) into PD (Planned Development for a tract with multi-family with 17.8 units per acre (365 units), a tract with assisted living, and a public park) in the Bryant Harrington Survey, Abstract #808, Tracts 2, 2C, 3B, and a portion of Tract 3, Levi Franklin Survey, Abstract #513, portions of Tracts 4D, 4F, 4F1; located on the east side of SH 121, south of Made Road and north of Mid-Cities Boulevard. ITEM 5 PUBLIC HEARING - SPECIFIC USE PERMIT - #38-33-SUP FAIRFIELD RESIDENTIAL Public input regarding the request of Fairfield Residential for a Speck Use Permit request for a 355 unit Multi-Family Residential Development in the CUD 738 and CUD 788 (for varying Density Mull-Family) and C-2 (Community Business District) in the Bryant Harrington Survey, Abstract #808, a portion of Tract 3, Levi Franklin Survey, Abstract#513, portions of Tracts 4D, 4F, 4171; located on the east side of SH 121, south of Glade Road and north of Mid-Cities Boulevard. This SUP request is in conjunction with the Planned Development zoning request in the preceding case. ITEM 6 RECOMMENDATION - SPECIFIC USE !PERMIT - #88-33-SUP - FAIRFIELD RESIDENTIAL Consider the recommendation regarding the request of Fairfield Residential for a Specific Use Permit request for a 365 unit Multi-Family Residential Development in the CUD 738 and CUD 768 (for varying Density Multi-Family) and C-2 (Community Business District) in the Bryant Harrington Survey, Abstract #838, a portion of Tract 3, Levi Franklin Survey, Abstract#513, portions of Tracts 4D, 4F, 4F1; bated on the east side of SH 121,_ south of Glade Road and north of Mid-Cities Boulevard. This SUP request is in conjunction with the Planned Development zoning request in the preceding case. ITEM 7 REPORTS ITEM 8 DIRECTOR'S REPORT POSTED THIS 25th DAY OF NOVEMBER, 1998, AT 12:00 P.M. Donna Brown Individual Posting Notice if ifl u mat b ara-A ft N*ffm*V aM you ham a asdAft that mWm s¢Val as s)gerrmts at ttea mmoeting,please contact w olTtce at (817)585-1623.Reww8b$e wmmmo om 41 be made tv assist your mss. PLANNING AND ZONING COMMISSION DECEMBER 1, 1998 MINUTES The Pre-Commission meeting of the Planning and Zoning Commission was called to order by Chairman Ronald Young at 5:301 p.m. in the Building "C" Conference Room. Five members of the Planning and Zoning Commission were in attendance. PLANNING AND ZONING COMMISSION CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS. Chairman Young called the Planning and Zoning Commission meeting to order at 7:00 p.rn, for the consideration of scheduled items. He stated there were five members of the Planning and Zoning Commission present and that Commissioners Shuler and Eggers were absent. MEMBERS AND STAFF PRESENT MEMBERS ABSENT Chairman Ron Young Keith Eggers George Zahn ,toy Shuler Robert McMillan Nancy Bright Billy Owens Council Member Carl Tyson Council Member Glenn Walker Bo Bass, Director of Planning and Development Andrea Baxter, Assistant Director of Public Works Paul Kruckemeyer, City Engineer Michael Logan, Fire Marshal Carol Griffith, City Planner Donna Brawn, Office Technician VISITORS PRESENT Jimmy C. Payton Dale Putrino Byron Folse John Hiser Mike Grove E. Miles Glen Hinckley Page Graham Carol A. Graham PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was led by Chairman Young and the Invocation was given by Commissioner,Zahn}. :131ti,J"€' :S OF DFC F'.N1W.R 1. ►445 APPROVAL OF MINUTES Commissioner McMillon moved to approve the minutes of the Planning and Zoning Commission meeting of November 17, 1998, Commissioner Zahn seconded the motion. The vote was as fellows: Ayes: Chairman Young, Commissioners Zahn, Bright, McMillon, Owens Nays: None Abstentions: None The motion carried. REGULAR AGENDA ITEM 1 RECOMMENDATION OF — SITE PLAN - #98-04-SP — 183 ADDITION, BLOCK 1, LOT 2-R Consider a recommendation on a Site Plan for a 5,389 square feet office building located in the 183 Addition, Block 1, Lot 2-R at 811 W. Euless Boulevard Bo Bass, Director of Planning and Development, gave a brief description of the case. He stated the Development Review Committee (DRC) recommended approval. Chairman Young asked the applicant or applicant's representative to come to the podium in case the Commissioners had questions. Commissioner Zahn asked about the fence on the vest side of the building. Jimmy Payton, 212 E. Huitt, Euless, Texas, stated that the masonry west fence was an error, and what tie wanted is to have a wrought iron fence on the west side with landscaping. Commissioner McMillon asked Mr. Bass if this needed to be stated in the motion. Mr. Bass stated he would request that Mr. Payton's comment be part of the motion. Commissioner Owens stated it did not make any sense to put a masonry fence blocking the view of the park just because that is the requirement for that area. He stated if there had to be a fence there to keep the traffic down, he would like to see a wrought iron fence. Commissioner Owens asked Mr. Payton if he would be opposed to building a wrought iron fence instead. Mr. Payton answered he would prefer a wrought iron fence, but that he did not want to be delayed by taking the time to apply for a variance. Commissioner Owens asked PLA'iNI\Ci A ND ZO NG COMMISSION PAGE' 3 NINU T'S OF DECENIIIER 1. Chairman Young if this change to the fence requirements could be done by the Commission without a variance. Mr. Bass answered that a Zoning Board of Adjustment variance would be required for a wrought iron fence instead of masonry. Chairman} Young explained that the City Council had already made it a law. Commissioner Owens stated he wanted the record to reflect that in his opinion we are doing a disservice not only to the City, but to the park, people who are working down there, and to the owners. He stated he did not think that a solid brick fence was needed when there is nothing back of it to screen, and that he did not think it was ever the Commission's intention nor was it the City Council's intention for State Highway 10 to put up a fence when it is not screening anything. He stated that he did not believe that even though it was worded like that. Mr. Payton stated that he would be happy to work in any way unless it caused a delay, since he wants to get started. Commissioner Zahn asked Mr. Payton what kind of time frame he was talking about. Mr. Payton answered that assuming the Site Plan was approved, he would like to start the first of the year. Commissioner Zahn asked Mr. Payton what kind of time it would take to finish the building. Mr. Payton answered about 120 days. Commissioner Zahn asked at what point in time the screening fence would have to go Lip: prior to the actual breaking of the ground or before the Certificate of Occupancy was issued. Mr. Payton stated that if he could get his building permit and get started on the building and then ask for a variance before putting the fence in, that was what he would like to do. Commissioner Bright asked Mr. Bass if Mr. Payton could get his building permit before the variance was approved. Mr. Bass answered yes he could. Commissioner Bright stated she thought it looked like a very nice project. Commissioner Zahn made the motion to recommend approval of Site Plan #98-04-SP with the correction of New Building Note#F to remove the word masonry. Commissioner Owens seconded the motion. Commissioner Owens asked Mr. Bass why the curb and gutter would be torn up. Mr. Bass asked Paul Kruckemeyer; City Engineer, to address the question. Mr. Kruckemeyer stated that this was not required but instead the developer had volunteered to do it to stop through traffic between properties. The vote was as follows: Ayes: Chairman Young, Commissioners Zahn, Owens, Bright, McMillon Nays: None Abstentions: None The motion carried. Pl.ANNN6AND ZOINTN6 CONI-MISSICN PA(A" 4 MINUTIES C11"DECEA-IBUR i, 1998 ITEM 2 CONSIDERATION ® LAND PLAN -#98-16-LP — UNIVEST PROPERTIES Consider the request of Univest Properties for a land plan of 54,89 acres of land out of the Bryant Harrington Survey, Abstract #808, Tracts 2, 2B. 2C, 3, 3B, 4, 4B and Levi Franklin Survey, Abstract #513, Tracts 4D, 4F, 4FI; located on the east side of SH 121, south of Glade Road and north of Mid- Cities Boulevard. Bo Bass, Director of Planning and Development, gave a brief description of the case. He stated the applicant and staff requested the Commission to table this case as well as all the remaining cases associated with Fairfield and Univest, Commissioner McMillon made the motion to table Land Plan #98-16-LP indefinitely. Commissioner Bright seconded the motion. The vote was as follows.- Ayes: Chairman YOUng, Commissioners Zahn, Bright, McMillon Nays. Commissioner Owens Abstentions- None The motion carried. ITEM 3 PUBLIC HEARING — PLANNED DEVELOPMENT - #98-03-PD FAIRFIELD RESIDENTIAL Public input regarding the request of Fairfield Residential for a multi-family residential development, changing the zoning from CUD 739 and CUD 768 (for varying Density Multi-Family) and C-2 (Community Business District) into PD (Planned Development for a tract with multifamily with 17.9 units per acre (365 units), a tract with assisted living, and a public park) in the Bryant Harrington Survey, Abstract#808, Tracts 2, 2C, 3B, and a portion of Tract 3, Levi Franklin Survey, Abstract #513, portions of Tracts 4D, 4F, 4F1; located on the east side of SH 121, south of Glade Road and north of Mid- Cities Boulevard, Bo Bass, Director of Planning and Development, gave a description of the case. Mr. Bass stated that the applicant and staff requested the Commissioners to table this case. Mr. Bass stated that staff would make a commitment to initiate and complete a full re- notification of this case once it comes to Planning and Zoning again, so that ever/one notified of tonight's meeting would have an equal chance to attend next time. He asked the Commission to make this part of the motion. Commissioner Owens wanted the record to reflect that what bothered him was that there was no requirement in the Unified Development Code (UDC) by which the P A'J'NINNG AND OWING CGN4NIISSION F:-�GF. j im.:"r S Cif,DFC I-''%1Fir R 1. 1998 Commissioners would be able to address possible negative impacts on the Planned Development (PD) or the Specific Use Permit (SUP), the apartment, or the park or the assisted living as separate sections. Commissioner Owens wanted to mare sure that it goes on the record that the Commission would be assured the owners would bring back to the Planning and Zoning Commission sections of their land other than what was being considered for the PD. Mr. Bass stated that if the Planning and Zoning Commission chose to table the PD it would be in the same format when it was brought back before the Commission. Mr. Bass stated that each separate piece - the multi-family, the park and the assisted living - would all have separate Site Plans. Mr. Bass stated that if there were significant differences between the Site Plan submitted and the PD approved by the Commissioners, the PD would have to go back to the start and go through the PD process again. Mr. Bass stated that for example in this particular case; if Univest Properties did not want to do the park, it would not work because it would violate the PD, and Univest could not get building permits. A revision would be required and the Commission could say no or yes to the revision. Commissioner Owens asked if permits would be given for the apartments to go forward before that was done. Mr. Bass answered yes. Commissioner Owens asked if for example he was the owner of several properties and he came with a PD, and several things were advertised with it, and he asked the Planning and Zoning Commission what they thought of those apartments, then all of the agreements or whatever are not a part of that. Mr. Bass answered yes they would be. Mr. Bass stated that the reason this PD is so big is because it includes all the multi-family, all the senior assisted living and all the park land, and that this was the time for the City Council, Planning and Zoning Commission and staff to require all that is necessary. Chairman Young stated there was nothing to be reviewed. Chairman Young stated he would open the public hearing and asked for a motion to table the public hearing indefinitely until such time as the Planning and Zoning Commission had proper plans, documents, and whatever else necessary to review in order to make an informed decision. Chairman Young asked whoever made the motion to include the request that the City staff:re-notify surrounding property owners. Chairman Young opened the public hearing. Commissioner Zahn made the motion to table Planned Development #93-03-PD indefinitely with the understanding that the Planning and Zoning Commission would be receiving additional information, and that the Commissioners would not be bound specifically to what they had now, and that the re-notification would be sent out. Commissioner Owens .seconded the motion but asked for clarification on what information would be received. Commissioner Zahn stated that usually a case is tabled based on the information the Planning and Zoning Commission has, but that they did not have anything, so obviously more information would be received. Commissioner Owens stated M-AN'NING AND?OMN-6 CONAI l'SYON PAGE. b MINUTES 01'D CEMBER 1. :997 that his concern was to have all communications concerning this case, and for staff to do a diligent search of all the records including the petition that he had received at his home by mail. Commissioner Zahn amended the motion to include that the Planning and Zoning Commission be provided with anything that would help them make an intelligent decision in regards to this particular planned development in enough time to consider it, not the night of the meeting. Commissioner Owens asked Donna Brown, Office Technician, to read the motion back for clarification. Commissioner Owens seconded the motion. The vote was as follows: Ayes: Chairman Young. Commissioners Zahn, Bright, McMillon, Owens Nays: none Abstentions: None The motion carried. ITEM 4 RECOMMENDATION -- PLANNED DEVELOPMENT - #98-03-PD -- FAIRFIELD RESIDENTIAL Consider the recommendation regarding the request of Fairfield Residential for a multi-family residential development, changing the zoning from CUD 739 and CUD 768 (for varying Density Multi-Family) and C-2 (Community Business District) into PD (Planned Development for a tract with multi-family with 17.9 units per acre (365 units), a tract with assisted living, and a public park) in the Bryant Harrington Survey, Abstract #808, Tracts 2, 2C; 3B, and a portion of Tract 3, Levi Franklin Survey, Abstract #513, portions of Tracts 4D, 4F, 4F1-.1 located on the east side of SH 121, south of Glade Road and north of Mid Cities Boulevard. Commissioner Owens made the motion to table the recommendation to return to the Planning and Zoning Commission at the same time as the public hearing. Commissioner McMillon seconded the motion. The vote was as follows: Ayes: Chairman Young, Commissioners Zahn, Bright; McMillon, Owens Nays: None Abstentions: None The motion carried. ?LA\�'NIN'G IN-1}!i.3NNGCJMMIS510N MINUFES OF J. 194 ITEM 6 PUBLIC HEARING -- SPECIFIC USE PERMIT -#98-33-SUP — FAIRFIELD RESIDENTIAL Public input regarding the request of Fairfield Residential for Specific Use Permit request for a 365 unit Multi-Farnily Residential Development in the CUD 739 and CUD 768 (for varying Density Multi-Family) and C-2 (Community Business District) in the Bryant Harrington Survey, Abstract #808, a portion of Tract 3, Levi Franklin Survey, Abstract #513, portions of Tracts 4D, 4F, 4F1; located on the east side of SH 121, south of Glade Road and north of Mid Cities Boulevard, This SUP request is in conjunction with the Planned Development zoning request in the preceding case. Bo Bass, Director of Planning and Zoning gave a description of the case. Mr. Bass stated that staff and the applicant requested the Planning and Zoning Commission to table this case. Mr. Bass stated that staff requested the Commission to consider adding to the motion that all persons within 200 feet per state law be re-notified. Chairman Young stated this item was in the same category as Item #3 for the public hearing. Chairman Young opened the public hearing and requested a motion to table this case. Commissioner Zahn made the motion to table and continue Specific Use Permit #98-33- SUP with the same stipulations as Item 3, Commissioner Owens seconded the motion. The vote was as follows: Ayes: Chairman Young, Commissioners Zahn, Bright, McMillon, Owens Nays: Norge Abstentions: None The motion carried. ITEM 6 RECOMMENDATION -- SPECIFIC USE PERMIT - #98-33-SUP -- FAIRFIELD RESIDENTIAL Consider the recommendation regarding the request of Fairfield Residential for Specific Use Permit request for a 365 unit Multi-Family Residential Development in the CUD 739 and CUD 768 (for varying Density Multi- Family) and C-2 (Community Business District) in the Bryant Harrington Survey, Abstract ##808, a portion of Tract 3, Levi Franklin Survey, Abstract #513, portions of Tracts 4D. 4F, 4F1; located on the east side of SH 121; south of Glade Road and north of Mid Cities Boulevard. This SUP request is in conjunction with the Planned Development zoning request in the preceding case. P€.ANNT•`6 AN'D Zi)\€':'YC CONIN€1SSICt� NU TS OF€)--VJ:.A-MJ`i i. 19,98 1. Chairman Young stated Item 6 was the action item and requested that staff bring this recommendation at the time the Public Hearing is opened and held for Item 5. Chairman Young requested a motion to table Item 6 until that time. Commissioner Zahn made the motion to table the recommendation for Specific Use Permit#98-33-SUP. Commissioner Owens seconded the motion. The vote was as fellows: Ayes: Chairman Young, Commissioners Zahn, Bright, McMillon, Owens Nays.. None Abstentions: None The motion carried. ITEM 7 REPORTS Commissioner Owens requested that the Chairman explain what actions were taken by the Commission since it was a public hearing. Chairman Young stated that the public hearings would be re-advertised and reopened at a fixture date, depending on negotiations and actions taken by the applicant and City Staff to resolve questions and receive public input. At that time everyone notified for this evening's meeting will be notified again. The Commission would then continue their discussions and take action on these items. Chairman Young invited all present to watch their mail and attend the meeting. Commissioner Zahn stated that in the Minutes of the Planning and Zoning Meeting of November 3, 1998 he requested specific information that he wanted staff to provide to him. Commissioner Zahn stated that if possible staff should review the minutes and provide the requested information. Commissioner Zahn proposed an action to the Planning and Zoning Commission concerning confusion regarding Land Plans. Commissioner Zahn moved that the Planning and Zoning Commission; through its Chairman, request from the City Attorney a written opinion as to whether the action taken by the City staff in altering the conditions of the Land Plan previously and duly adopted with the unilateral changes by the Planning and Zoning Commission on the Ryland Development is within the scope of the authority of staff to make minor changes to Land Plans. Commissioner Zahn also wanted to know who has the authority to determine whether the particular proposed change in an adopted Land Pla n is of minor character such that the staff may change it. He also wanted to know what provisions or avenues, if any, of review by the Planning and Zoning Commission and/or City Council of such action by staff in changing an adopted land plan exist, and in particular whether the Planning and Zoning Commission may overturn or nullify such changes by staff, Commissioner Zahn would like the City Attorney to write an opinion stating what the Commission has as far as authority over Land Plans. Specifically PLANNING.,-PNl?ZONING C:ONI.a1iSSWN PAC£_. N-;INI?"I.I S OF DY--*CEA,K.R S. ;°X?S if a case comes to the Planning and Zoning Commission and the developer is requesting variances to something else, either through a Land Plan or telling the Commission what he is going to do, and in turn for that the Commission grants him a concession here and he agrees to put in something else. Whenever that process occurs with a Land Plan; he wanted to know what the Commission is going to get, and what is going to go on the ground out there. Chairman Young asked Commissioner Zahn if he had said the developer was requesting variances through the Land Plan, since to his understanding the Land Plan is not used to request variances. Commissioner Zahn stated that a land plan is to give the Commission a general concept of what is going to go on the ground. If the developer came in with pictures and posters, and designs of parks and this and that and the other; and that becomes a part of the Land Plan, Commissioner Zahn wanted to know how we get that on the ground. He stated that if we do not get it and have no authority to get it, he did not ever want to see it. Chairman Young asked if Commissioner Zahn's request also asked for the attorney's opinion as to what authority the Commissioners have to enforce items that appear on a Land Plan. Commissioner Zahn stated that when the Commissioners see Land Plans as they saw on this particular Land Plan, with a grandiose presentation of what was going down there, and the Commissioners made their decision based on that presentation and incorporated that into their minutes, and then they approve a Final Plat and actually go and look at what is on the ground, and it is nowhere near what they agreed to, all he was asking was if the Commissioners have any avenue to provide for the citizens the means of putting that on the ground, or putting the developer in a position of putting that on the ground. If the Commissioners did not have it, there they needed to make this a ministerial function, and they did not need to see all of this. Commissioner Zahn also stated that if the Commissioners had it and the developer wanted to give it to them and wanted to sell his project based on that information; and they incorporated that in the Land Plan; he expected to drive to that development and look at that on the ground. Commissioner Zahn also stated that he requested that the City Attorney give them his opinion on what is the definition of"minor changes", Commissioner Owens asked Commissioner Zahn if what he meant was that the Planning and ,Zoning Commission is the final say on a Land Plan and it did not go anywhere else for anybody to look at or to take any action to enforce. Chairman Young stated he thought it would be good for staff to know what enforcement avenues of authority staff has, also. Mr. Bass stated he would like a clear opinion of whether Land Plans are ministerial or legislative. After discussion about whether a motion was necessary, Commissioner Zahn stated that the reason he had put it in the form of a motion to get input from the rather Commission OF DF- TMBER I. 1448 members. It was decided by general consensus that the Commission would wait to see if the Chairman could get the opinion from the attorney without making it part of a notion. Commissioner Owens stated he wanted to congratulate the City Engineer on the way he had conducted the State Highway157 improvements and the way he has worked with the Texas Department of Transportation to prevent disruptions of the large church congregation on the corner. Chairman Young asked Paul Kruckerneyer, City Engineer if anything would be going in before it gets too cold to pour concrete, Mr. Kruc.kemeyer answered concrete would be poured next week. Chairman Young asked for the anticipated completion date. Mr. Kruckeneyer answered November, 1999. Commissioner McMillon thanked the visitors who were present and he apologized to them for not being able to take the actions they had anticipated; but stated that the Commissioners could not take any actions unless they had all the details in front of there. Commissioner McMillon encouraged the visitors to come back when the Commissioners were ready. ITEM 8 DIRECTOR'S REPORT There was no Director's Report. ADJOURNMENT: There being no further business, Chairman Young adjourned the meeting at 7:55 psn, j� l Chairman Ronald Y06g Die : f