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HomeMy WebLinkAbout1999-01-19 AGENDA PLANNING AND ,BONING COMMISSION City of Euless Council Chambers — Building "B" 201 Na Ector Drive, Euless, Texas 76039 January 3 9, 1 999 5:30 P.M. --- Pre-Commission Meeting (Conference Room— Building "C") 7:90 P.M. -- Call to Order(Council Chambers— Building 'B") PLEDGE OF ALLEGIANCE -- Commissioner McMillon INVOCATION-- Commissioner ins APPROVAL OF MINUTES-- Regular meeting of January 5, 3999 AGENDA ITEMS- ITEM 1 CONSIDERATION T- LAND PLAN W #98-16-LP -- UNIVEST PROPERTIES Consider the request of Univest Properties for a land plan of 54.39 acres of land out of the Bryant Harrington Survey, Abstract #808, Tracts 2, 2B, 2C, 3, 313< 4, 413, and the Levi Franklin Survey, Abstract #513, Tracts 4D, 4F. 4F3; bated can the east ,side of SH 121, south of Glade Road and north of Mid-Cities Boulevard, ITEM 2 PUBLIC HEARING — PLANNED DEVELOPMENT s 98-03WPD — FAIRFIELD RESIDENTIAL Receive public input regarding the request of Fairfield Residential for a multi-family residential development, changing the zoning from CLAD 739 (for varying density mufti-family) and CUD 768 (for varying density multi- family) and Cat (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 #303, Tracts 2, 2B, 2C, 313, and a portion of Tract 3, and in the Levi Franklin Survey, Abstract #513, portions of Tracts 4D, 4F, 4FI; located on the east side of SH 121, south of Glade Road and north of Mid-Cities Boulevard. Planning and Zoning Agenda -2- January 19Q 1999 ITEM 3 RECOMMENDATION — PLANNED DEVELOPMENT - #98-03-PD FAIRFIELD RESIDENTIAL Consider a recommendation regarding the request of Fairfield Residential for a multi--family residential development, changing the zoning from CUD 739 (for varying density mint-family) and CUD 768 (far 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 parr) in the Bryant Harrington Survey, Abstract #808, Tracts 2, 2B, 2+C, 3B, and a portion of Tract 3, and in the Levi Franklin Survey, Abstract #513, portions of Tracts 4D, 4F, 4171; located on the east side of Sly 121, south of Made Road and north of Mid-Cities Boulevard. ITEM 4 PUBLIC HEARING — SPECIFIC USE PERMIT - #98-33-SUP M FA.IRFIELD RESIDENTIAL Receive public input regarding the request of Fairfield Residential for a Specific Use Permit for a 355 unit Multi--Family Residential Development in CUD 739 (far varying density multi-family) and CUD 758 (far varying density multi-family) and C-2 (Community Business District) zoning in the Bryant Harrington Survey, Abstract #808, a portion of Tract 3, and in the Levi Franklin Survey, Abstract #513, portions of Tracts 4D, 4F, 4171; located on the east side of SH 121, south of Made Road and north of Mid- Cities Boulevard, This SUP request is in conjunction Frith the Planned Development zoning request in the preceding case. ITEM 5 RECOMMENDATION — SPECIFIC USE PERMIT - #98m33-SUP — FAIRFIELD RESIDENTIAL Consider a recommendation regarding the request of Fairfield Residential for a Specific Use Permit for a 365 unit Multi-Family Residential Development in CUD 739 (for varying density multi-family) and CUD 768 (for varying density multi-family) and C-2 (Community Business District) zoning in the Bryant Harrington Survey, Abstract #808, a portion of Tract. 3, and in the Levi Franklin Survey, Abstract #513, portions of Tracts 4D, 4F, 4F1; looted on the east side of SH 121, south of Made Road and north of Mid-Cities Boulevard. This SLIP request is in conjunction with the Planned Development zoning request in the preceding case. Planning and ,Zoning Agenda -3a January 19, 1999 ITEM 8 PUBLIC HEARING - PROPOSED AMENDMENTS TO THE MASTER THOROUGHFARE PLAN Receive public input on proposed amendments to the City of Euless 1987 Master Thoroughfare Plan, by request of the Public Works Department. Note: This public hearing was advertised incorrectly. ,fee item 8 for the correct wording. ITEM 7 RECOMMENDATION w PROPOSED AMENDMENTS TO THE MASTER THOROUGHFARE PLAN Consider a recommendation regarding proposed amendments to the City of Euless 1987 Master Thoroughfare Plan, by request of the Public Works Department. Note: This recommendation was advertised incorrectly. See item 9 for the correct wording. ITEM 8 PUBLIC HEARING a PROPOSED CITY OF EULESS 1999 MASTER THOROUGHFARE PLAN Receive public input regarding the proposed City of Euless 1999 Master Thoroughfare Plan, by request of the Public Works Department, ITEM 9 RECOMMENDATION a PROPOSED CITY OF EULESS 1999 MASTER THOROUGHFARE PLAN Consider a recommendation regarding the proposed City of Euless 1999 Master Thoroughfare Plan, by request of the Public Works Department. ITEM 10 REPORTS ITEM 11 DIRECTOR'S REPORT POSTED THIS 15th DAY OF .JANUARY, 1999, AT 4;00 P.M. Donna Brown Individual Posting Notice EfWm PW b oftr d this Rtk tsag act jou hSM a e 6s� fw Fawns WWW wwwmwts I M maet;v.F rx;'fW OUT off a at 181716851623,RewmeNe wommodad ms W13 be made to assist yxv mws. PLANNING AND ZONING COMMISSION JANUARY 19, 1999 MINUTES The Pre-Commission meeting of the Planning and Zoning Commission was called to order by Chairman Ronald Young at 5:30 p.m. in the Building "C" Conference Room. Six 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.m. for the consideration of scheduled items. He stated there were six members of the Planning and Zoning Commission present and that Commissioner Bright was absent. MEMBERS AND STAFF PRESENT MEMBERS ABSENT Chairman Ron Young Nancy Bright George Zahn Robert McMillon Katherine Houk Richard McNeese Billy Owens Council Member Carl Tyson Council Member Charlie Miller Paul Weneskie, representing the City Attorney Bo Bass, Director of Planning and Development David Witcher, Director of Economic Development Andrea Baxter, Assistant Director of Public Works Paul Kruckemeyer, City Engineer Carol Griffith, City Planner Donna Brown, Office Technician VISITORS PRESENT Dale Putrino Marcus Hiles Kim Corbin Eva Hiles Michael Grove David Hiles Art Anderson Tom Crites Michael Coker Page Graham Alen Hinckley John Hiser Glen Hinckley PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was led by Commissioner McMillon and the Invocation was given by Commissioner Owens. PLANNING±ND ZOINTN'C C'ONVOISSION YACiI: 2 19, 3 999 APPROVAL OF MINUTES Commissioner McNeese moved to approve the minutes of the Planning and Zoning Commission meeting of January 5, 1998. Commissioner Houk seconded the motion. The vote was as follows: Ayes° Chairman Young, Commissioners Houk, McNeese, McMillon, Owens, Zahn Nays: None The motion carried. REGULAR AGENDA Chairman Young requested a motion to bring off the table case #98-16-LP and the Public Hearings for cases #98-03-PD and #98-33-SUP. Commissioner Zahn made the motion to remove all three cases from the table. Commissioner Owens seconded the motion. The vote was as follows: Ayes: Chairman Young, Commissioners Houk, McNeese, McMillon, Owens, Zahn Nays: None The motion carried. ITEM 1 CONSIDERATION ® LAND PLAN o #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, 313, 4, 4B, and the 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. Bo Bass, Director of Planning and Development, gave a brief description of the case. He stated the Development Review Committee (DRC) had reviewed the Land Plan and recommended approval. Mr. Bass stated that the specific purpose of a land plan is to identify three basic things: 1. Is there adequate potential for access to and from the site, considering the existing roads and the type of uses?. 2. Are there adequate utilities or can they be provided?. 3. Does the use in general and the concept layout fit well in the area?. Mr. Bass stated staff feels this land plan meets all the requirements for submittal, PLAN'N1'QAVDZONTINGCONVAISSIO\ PACT 3 ,10INUTF;S OF JANUARY 1°9. 1799 Chairman Young asked Paul Kruckemeyer, City Engineer, if the Engineering Department concurred with Mr. Bass's assessment. Mr. Kruckemeyer answered yes. Michael Coker, 0390 LB.J Freeway; Dallas, Texas; stated he represented Univest Properties. He gave an overview of the Land Plan. Commissioner Owens asked if a city park was going to be built. Mr. Coker stated that if the City Council adopts the Planned Development District Ordinance the owner would convey to the City the strip along the back of the seven houses plus what he outlined for use as it is described in the Planned Development District Ordinance for Development Plan Block D, Lot 1, Commissioner Owens asked Mr. Coker if Univest was proposing any kind of amenities at this particular time. Mr. Coker answered they are committed to building the drainage retention facilities along with some landscaping. Commissioner Owens stated he was concerned about who was going to pay for Centurion Way. Mr. Coker answered Univest was going to dedicate the land and build the street from the SH 121 frontage road to the new north/south roadway and then a portion of the frontage along where the park will be, and that he believed that Fairfield will build half of it to the south to their property line. Commissioner Owens asked if the easements had been encroached upon. Mr. Coker answered no. Commissioner Owens asked if Mr. Coker had agreed to make any changes besides what was in the packet. Mr. Coker answered that all three of the documents that were being considered related to the multi-family tract and were consistent, and that Univest did not anticipate any changes. Commissioner Owens stated he did not like the way the entrances were; he asked if they were dressed up or just a road coming in. Mr. Coker answered that the area near the club Douse and leasing office has a high level of urban amenities like directional signage, lots of landscaping, and superior finish of the office and club house. Commissioner Owens asked where the main entrance would be. Mr. Coker answered that the main entrance to their property will be off of SH 121 at the southern entrance to the project. Commissioner McNeese asked how soon the Assisted Living Center will be built. Mr. Coker stated Univest is actively pursuing it and is in negotiations with at least two different assisted living companies, but that they did not have a contract of sale. Commissioner McNeese asked if there had been detailed discussions on the issue of the lakes and their engineering. Commissioner McNeese also asked what kind of impact the park will have on current park department staff. Bo Bass stated that the park department is in favor of the project. Mr. Bass stated no engineering plans had been submitted. Commissioner Zahn stated that the Assisted Living Center and the green area were in concept, and that there are no guaranties. Chairman Young asked Mr. Kruckemeyer if there had been any consideration about utilities and drainage. Mr. Kruckemeyer answered yes. }'I_:\NING AND PAGE 4 Chairman Young asked Mr. Bass when the decision would be made about the City accepting the park. Mr. Bass answered that the Council, through their decisions on the Specific Use Permit and the Planned Development, set the stage for the dedication to occur. Paul Wieneskie, City Attorney, stated that it was up to the City Council in terms of when and how they wished to accept those dedications, but it could occur as part of the approval process if they want it to. Chairman Young asked if some time down the line the City Council should change their mind and did not want the park land, would that void the land plan and would it have to come back. Mr. Bass answered there would have to be an amendment and it would certainly come back to Planning and Zoning Commission. Commissioner Houk asked if there was some kind of written agreement with the landowners about access to the park through their yards. Glen Hinckley, President of Univest Properties, 1201 Merit, Dallas, Texas, stated that there is access to the park along the alley on the north end, a bridge on the center of the subdivision, and sidewalks at Priest. Commissioner Owens made the motion to approve Land Plan #98-16-LP as presented as a drawing of four pages. Commissioner McMillon seconded the motion. The vote was as follows: Ayes: Chairman Young, Commissioners; McMillon, Houk, Owens Nays: None Abstentions: Commissioners Zahn, McNeese The motion carried. Commissioner Zahn stated that he abstained from the vote because he did not understand what is being done with the land plan. Commissioner Houk stated that if it is going to be a public park, she would like to see better access. Commissioner Owens asked if drainage was satisfactory, Mr. Kruckerneyer answered that as part of land plan review it is the engineering Department's duty to determine that the utilities, access, and drainage are sufficient. FILINNININ6 A,14D ZONPING MMMISSION PAGE 5 MINUJIF-S 0F.AN."UARY 1.9. 1Q40 ITEM 2 PUBLIC HEARING — PLANNED DEVELOPMENT - #98-03-PD — FAIRFIELD RESIDENTIAL Receive public input regarding the request of Fairfield Residential for a mufti-family residential development., changing the zoning from CUD 1139 (for varying density multi-family) 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, 2B, 2C, 3B, and a portion of Tract 3, and in the 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 Development Review Committee had reviewed this PD request at length, Mr. Bass stated that this PD meets the greatest majority of the new multi-family development requirements but that it did not meet all the requirements, but that no PD ever will, Mr. Bass explained the differences shown in the comparison chart which shows no difference in the density but that it showed requests to modified the setbacks to allow greater use of interior landscape. Mr. Bass stated that in this PD there is a specific request for an exception to not be limited to 12 units per building. Mr. Bass stated staff recommends approval of 20 units per building. Mr. Bass requested the Commissioners to consider two corrections to the PD Ordinance when making the motion- on page 2 of 9 under timing, there is a bullet that could be excluded which said that staff was recommending the construction of a concrete parking lot. Staff does not want this concrete parking lot to be built, Page 3 of 9 in the packet said there were 8 single family residences involved, but it is actually seven, Mr. Bass also stated that the developer decided to provide five gallon instead of three gallon photenia shrubs to the adjacent landowners, Mr. Bass stated that the Commissioners were still going to see a detailed Site Plan with all the Engineering issues addressed on drainage, Mr. Bass stated that regarding the detention pond, if for some reason it goes away, the Land Plan and PD would come back for revisions. Mr. Bass stated that if any significant changes were made to what was recommended for approval and eventually approved by City Council, it would come back for land plan and PD approval. Mr. Bass stated that on the assisted living portion the applicant had committed specifically in this PD ordinance to limit density to 169 units, and had made certain commitment to landowners in terms of spacing from the rear of the building to the back door of a home, a provision for fencing, buffer spacing as well as landscaping. Mr. F`J:ANNINCY AN."D ZONING CONVAI5S1e3\ f'AGE fI tit3N(?I S 03' JANUARY t9, 3099 Bass stated that by approving the PD specifically says it shall be assisted living, it shall be no more than 169 units, it shall have all these additional situations between the landowners and the developer, and it shall basically look like the graphic. Mr. Bass went on to say that it is specified in the PD that the park shall not be developed until construction begins on the assisted living. Also, a Specific Use Permit will be required for the assisted living portion. Mr. Bass stated that staff supports the project. Chairman `young opened the Public Nearing. Michael Coker, 6390 LBJ Freeway, Gallas, Texas; stated he represented Univest Properties. Mr. Coker introduced Paul Johnston, Property Manager for Fairfield Residential, Mr. Coker stated that Fairfield would provide a lot of positives to the City: 1. This project can be the catalyst for the development of the central portion of the Gateway District. 2, The City gets a great deal of right-of-way and infrastructure construction as a result dedication and construction of Centurion Boulevard all the way to Gateway Boulevard. 3. Regarding public access, Mr, Coker stated that Priest will not be continued on through but that Priest is developed through the neighborhood and there is also a sidewalk which provides public access to the future park. Mr. Coker pointed out that when the Gateway Boulevard is completed, there will be access to the public side of the park. 4. Mr. Coker stated that they have met with property owners seven times and their agreements are embodied in the PD ordinance. Mr. Coker stated Univest has built a strong relationship with the neighbors to the east. 5. Public park which includes strip behind houses. 6. Deduction of multi-family units from 620 to a maximum of 365 total units. Mr. Coker introduced Paul Johnston to talk specifically about the multi-family portion. Paul Johnston, representing Fairfield Residential, 2046 N Highway 366, Suite 250, Arlington, Texas, stated that the PD process was originally created to deal with mixed used developments as well as developments that had interesting components; over a period of time, PD's have evolved to dealing with one piece of property. Mr. Johnston stated that in this case the PD has three tracts that are part of one PD. Mr. Johnston also stated that within the PD were some requests for additional units per structure as well as reduction of street yards. Mr. Johnston stated that the City receives more open space by allowing 20 units per structure as well as the reduction of building setbacks. He stated that they were able to increase landscaping above current ordinance requirements. Mr, Johnston stated Fairfield Residential is requesting approval of this project. Chairman Young opened the floor. Marcus Hiles, 2400 SH 121, Euless, Texas, stated that he is the major adjacent land owner, a property known as Mansions by the Vineyard. Mr. Hiles stated that Mr. Hinckley and his team overall are presenting a reasonable plan as far as apartments go; alternatively he is certain that his property value would be lowered by this particular development which is a cheaper project than his. He provided for the record a petition which he stated was against this project. Mr. Hiles stated that this application does not meet Specific Use Permit conditions 7, 8, 11, 13 and perhaps 12. Mr. Hiles also stated that the applicant did a tree survey which shows that just about, every tree on this site would be killed. Mr. Hiles stated that this development does not conform to the City's Comprehensive Plan, which indicates only single family and commercial in this area. Cllr. Hiles stated that the City's Master Plan envisioned 50% being apartments and 50% being single family, but in the last several years it has been 90% apartment permits, which makes it a city with 60% apartments and 40% single family. Mr. Hiles continued that a letter in the packet dated January 14, 1009, from the owner to the neighbors reports the Mayor's Committee enacted a consensus resolution on the Univest tract. Mr. Hiles stated he did not know of such Council resolution and if there is such a thing he did not believe it complied with the Texas Open Meeting's Act. Mr. Hiles .stated that the Mansions and all the adjacent homeowners were not included or represented, therefore something was done that represented 15 homeowners and left out 40,000 Euless residents. Mr. Hiles reminded the Commissioners that the Commission unanimously turned down this project with every member stating clearly they were opposed to more apartments on this land. Mr, Hiles proceeded to read some of the Specific Use Permit Criteria, stating that it clearly says a SUP will not be recommended for approval by the P&Z unless the Commission finds that ALL of the conditions exist. Mr, Hiles referred to item 7, pointing out that all adjacent or neighboring buildings are two stories high or less and this proposed project will be 3 stories high. Mr. Hiles then referred to item S stating once again that the proposed project will diminish and lower the value of his property. Mr. Hiles continued with item 11 and stated that in his opinion the landscaping is insufficient as shown in the tree survey, which shows that most large trees will be cut, therefore this item is not met. Mr. Hiles suggested looking at this PD from a value perspective and what it adds to the City's property tax base. Mr. Hiles stated that the exterior of the Mansions by the Vineyard is 100% stone and stucco, and that he had gone to see the Aviara apartments because the Fairfield representative had said this project would be like Aviara. He stated that Aviara's exterior is stucco and hardiplank, which is sort of a wood look product that is much Cheaper than stucco or stone, and greatly inferior, Mr. Hiles stated that regarding building design, the Mansions are two stories high with private interior staircases for every single unit, and that this project is three stories high with common open air breeze gays and exterior staircases which devalues the property because people get rained on or it is 100 degrees when they are walking up to their apartment, Mr. Hiles also pointed out that each building of the Mansions only has one front doer, and Fairfield has doors on each floor which is not very nice. Mr, Hiles went on to point out the ceiling height would be lower than the Mansions and that the Mansions' garages are all attached with direct access into the home versus FIANNINIGAND ZONING CO,"OMISSION PAGE 8 MINIJ11S OF JANUARY J9. 1999 the ones at Aviara. Mr. Hiles also stated that the design of the Mansions appears to be a stately 10,000 square foot home or mansion compared to Fairfield which looks like a three story 1980's walk up apartment, Mr. Hiles requested to hold Fairfield to their word that it would be just as good or better than the Mansions by the Vineyard, and if the Commission wished to approve it. he requested that they add amendments to the PD and SUP as follows: 1. Maximum of two stories. 2. Exterior to be 100% stucco, brick or stone. 3. Interior private air-conditioned staircases for each unit. 4. A minimum of 1.44 attached direct access garage per unit average. 5. No breezeways or catwalks. 6. Ten foot interior ceiling heights, 7. Fireplaces in 80% of the units. 8. A maximum density of 12 units per acre. 9. No efficiencies. 10. Average of at least 860 square feet additional storage space in each garage. 11. Ten percent of the land being park open space concentrated in one contiguous area. 12. Saving at least 95% of all trees 20 caliper inches or over. Mr. Hiles stated that if these amendments are made in their entirety without modification the Mansions would remove their objection. Mr. Hiles stated that once You go over about 10 units a building in a two story, it will have no appearance at all of a single family house, but it will look like high density cheap apartments, Mr. Hiles' recommendation was that the Commission set a limit of 7 units or perhaps no more than the ordinance of 12 units per building. Mr. Hiles stated that there were open questions in the pre-hearing of who would build half of the one road and certainly who would be paying for the park when it would be built. When the apartments would be built under the current request, the park would not be built-, it is tied to the assisted living not tied to the apartments. Page Graham, 2601 Tallow Drive, Euless, Texas, thanked Mr. Bass for taking two hours of his personal time to explain the process to him. Mr. Graham stated that as a homeowner he supports the project as a whole, and from a homeowner standpoint, the apartments are far enough away not to impact him a great deal, that what would impact him would be what is behind his house which is the Assisted Living Center. Mr. Graham stated that the homeowners would prefer to have a larger area between them and the assisted living building, and also the homeowners would prefer language in the ordinance to allow flexibility or a different shape building and perhaps installation of underground parking for the residents. PLANNYNC:i AND ZONING C'{7MMISSION PAGE 9 MINJ ILS OF JANUAKY 19, 1999 Dale Putrino, 2603 Tallow Drive, Euless, Texas, read a letter from his wife Jan which stated that as homeowners, they are requesting more equal distribution of parkland behind their houses, and requesting that the Commission reconsider the three stories proposed for the assisted living. Mr. Putrino asked for one more powwow of Mayor's committee to continue with the great process that was started, and stated he would like to see green space reworked. Mr. Putrino distributed pictures to show an assisted living unit that is going up at Hall Johnson and S.H. 121 which shows how it starts as one story by the houses, then 2 stories and then 3 stories out by Freeway. Mr. Putrino stated he would like to work out a win/win situation for the homeowners. John Hiser, 2611 Tallow Drive, Euless, Texas, stated he Supports having a park and assisted living behind his house, and not having apartments behind his house. Mr. Hiser wished that the Comprehensive Land Plan approved in 1997 was honored which said that there were not going to be any apartments but single family homes behind Tallow Drive, or that the city planners had honored the original "ABC" plan {for the 121 District}, Mr. Hiser stated that Mr. Hinckley has made some promises which he has lived up to. Mr. Hiser stated he would like the fence/photinias built as soon as any construction starts including the multi-family. He stated there are clumps of trees behind the 7 homes, and he would like those trees to remain. Mr. Hiser stated that Mr. Hinckley has told him he wants to get Page Graham, Dale Putrino, Michael Grove and himself together with the builder to make sure those trees are saved. Mr. Hiser stated he would like to see the assisted living built only two stories high and further away. Kim Corbin, 2619 Tallow Dave, Euless, Texas, stated she agrees with what Mr. Hincklely has promised the homeowners and that it is in the PD ordinance (blue handout). Ms. Corbin stated she supports the plan as presented. Michael Grove, 2121 Tallow Drive, Euless, Texas, stated that he wanted to put to rest the misconception about the WayoCs Committee" which had one purpose and that was to address the proposed use list for the 121 Gateway Zoning District only. Mr. Grove stated he needed to rebut some of what Mr. Hiles had said. Mr. Grove stated that Mr. Hiles enjoys by his own admission a lucrative business in the Gateway 121 area, and it is a monopoly. As for the surveys and the petitions, Mr. Grove stated he has some problems with a petition that does not fairly disclose who the sponsor of the petition is when signatures are solicited, and as far as the survey is concerned, everyone knows that the way a question is asked very often determines the way it is answered. Mr. Grove stated that, in general, his neighbors have spoken about the proposed uses and they all seem to approve this plan but they have some differences of opinion on the layout of the assisted living center. Mr. Grove requested that the Commission consider an amendment to Block D, Lot 2, on page 3 of 9 under the heading "Parking". Mr. Grove stated he would like the Commission to consider reducing the parking from .75 to .5 per unit which would reduce the parking space by 1/3, adding flexibility for the specific plan to give the neighbors more green space behind the homes. He stated by reducing the number of parking spaces there is a PC, Nl\tom AND ZONUV 1C:0N1MJSS10N.-'- PAGE 10 NIINNUT£S 01"JANUARY 19. 1999 possibility that the same configuration could be pivoted, to allow more space behind and between the homeowners and the structure. Mr. Grove stated that by reducing the parking space in the back, the fire lane could be moved closer to the building by some 20 to 25 feet, Mr. Grove pointed out that Mr. Hinckley has been very forthright and honest in all the dealings with the homeowners thus far, and that he did not know of any other side bar promises or deals other than what is in the PD ordinance. Tom Crites, 2607 Tallow Drive: Euless, Texas, stated that the two things he had concerns about are the height of the assisted living and the setback between his house and the assisted living building, since people living on the second and third floor would have a view into his house, Chairman Young closed the Public Hearing and adjourned the meeting for 10 minutes until 9:30 p.m. Chairman Young reconvened the meeting at 9.-30 p.m, ITEM 3 RECOMMENDATION — PLANNED DEVELOPMENT - #98-03-PD — FAIRFIELD RESIDENTIAL Consider a recommendation regarding the request of Fairfield Residential for a multi-family residential development, changing the zoning from CUD 739 (for varying density multi-family) 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, 2B, 2C, 313, and a portion of Tract 3, and in the 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, Planning and Development Director, stated that staff supports the project but had some concerns: 1 The timing and the degree of completion of various roads: staff would like these to be clarified, 2. The timing and degree of park improvements. Commissioner McNeese asked Paul Kruckemeyer, City Engineer, whether Engineering would be involved in the creek configuration. Mr. Kruckemeyer answered that at this point, the Engineering Division did not have any designs. Mr. Kruckemeyer stated that one of his main concerns on the park issue is that the existing channel cuts across the assisted living plat and goes Lip through the proposed right-of-way., and to relocate it to the east as shown on the drawing Would require substantial dirt work. Mr. Kruckemeyer stated that if the park remained a green space, there would be substantial change in the trees and structure of the park. Mr. PLANNINO ND ZONI-NG CONVINIISS10N PAYE I; MINUTES OF JANUARY 19. tom? Kruckemeyer stated Engineering did not have any calculations yet to show whether the ponds shown are adequate, and also as far as making it a fishing pond, that world be substantial dirt work as well but it could be worker! out. Commissioner McMillon asked P+,t9r. Kruckemeyer how it would work if the channel has to be relocated. Mr. Kruckemeyer answered that the dirt that would be removed to build the pond and the channel would probably have to go into the existing channel and trees would be lost in both locations. Commissioner McNeese stated that he has been living in the city for 30 years and in view of his back yard there are apartments and the major problem they have in his neighborhood now is those apartments. Commissioner McNeese stated that the concerns he has with the plan is that it adds 365 more units to the area, and that he would like to see the density less than 17.9% and less than 3 stories high. Commissioner McNeese stated that he could not support the plan as submitted. Commissioner Zahn requested clarification on where Centurion ', Jay joins with Gateway and where the concrete is supposed to be on the plan. Michael Coker, representing the applicant, explained that all 4 lanes of Centurion Way and 2 lanes of Gateway from the north edge of the assisted living to the south end of the street. Commissioner Zahn expressed his concern that all the park improvements would not be done until the assisted living goes in. Commissioner Zahn stated that he does not want the city to receive rave park laird and to spend tax dollars to develop it for the benefit of a small group of people in the north part of the city. Commissioner Zahn stated if the developer wants to give the city park land, that he world like it in this document should it go forward, that the developer would prepare that park into a form that was acceptable to the city as a donated park. Commissioner Zahn stated that it had never been his experience that cities build parks nor do they build streets, that developers come in and improve lands, then they dedicate them to the city for maintenance. Chairman Young asked Mr. Coker when the right-of-way would be dedicated and who would pay for the construction of Gateway between the park and the parcel zoned 121 Gateway District. Mr. Hinckley answered that the road portion next to the park will be built when portion zoned 121 develops. Chairman Young asked if the re-routing of the channel would be something the developer would accomplish. Mr. Hinckley answered that he or the developer of the assisted living would build the 3 bridges and weirs, 2 finger lakes, a gazebo gin partnership with the home owners), and to re-route the drainage channel. Commissioner Zahn asked Mr. Hinckley if he went fishing, where would he park. Commissioner Zahn asked if the city would be responsible for the east side of Gateway next to the park. Mr. Hinckley answered yes. Commissioner McMillon stated that one of the things homeowners stated was that they like this three part plan. Commissioner McMillon stated that he wanted everyone to PLANNING AND ZONING i(Y.OMISSION PAGE i? IVINUTES OF JANUARY 19, 1999 understand that the only thing that will happen if the PD is voted forward is that the apartments could be built. To his knowledge; there is no contract on the assisted living portion, and that the park may or may not be developed and is not tied to the apartment complex in any way. Commissioner McMillan stated that he has always been opposed to apartments in that area, and that when the Commission looked at it in the Comprehensive Plan, it was residential houses. Commissioner McMillan stated that the CUD in place now has a higher density than what is being proposed, but that he is concerned about the density and higher buildings. He stated that he would prefer residential dwellings, but if it is the consensus of the group he eight support forwarding it to Council. He expressed concern that it was not in conformance with the Comprehensive Plan. Commissioner Houk asked about the price range of rental units. Paul Johnston answered that the average rent per month would be $1000, ranging from $750 to $800 to probably $1400 per month. Commissioner Houk asked for the price range of the Mansions, Mr. Hiles answered the price range for the Mansions is from $705 to $1800 on a 4 bedroom 2 bath. Commissioner Houk stated that the apartments on Fuller Wiser and Harwood are very esthetically challenged, that she likes the Planned Development concept, that she likes the assisted living center, but that she does not like it to be three stories high, nor did she like the City having to build the east side of the road extension. Commissioner Houk stated that there are some drawbacks, and that if there is going to be a park ;which is public access with potential users from the assisted living centers, a jogging trail will not do there any good. Commissioner Houk also stated that she would like to make amendments to the ordinance: Pedestrian access shall be made available into the park area through the existing Carlisle Pines Addition and Woodbury Forest Addition with a five foot curving sidewalk using crime prevention through environmental design criteria, fCPTED) and designed in such a gray that the police can look into the park and make sure everybody is okay. Commissioner Owens stated the Commission was to negotiate whether or not the proposed PD is the best and highest use for this land, and whether or not it is going to be a motivator that gets more things going or detract from that. Commissioner Owens stated he did not think the PD would pass unless the developer amended the plan and that he would probably have to abstain or have some corrections. Commissioner Owens stated he thought two story apartments could be worked out through a compromise. Commissioner Owens stated he was not in support of the PD and that it seemed to him citizens were not against the apartments but more concerned with the height of the assisted living buildings. Commissioner Cahn stated he would be prepared to send this case to City Council but that he could not send forward a recommendation for approval since he did not think it was in the best interest of the community if the City has to build the east side of the road and build and maintain the park, and if no parking was provided to go fishing. PLANNING A€D ZONING COMMISSION PACiI_. €3 MIN- lTS OF tANt?AR'ti I9. €999 Commissioner Zahn stated he was prepared to make a motion to send forward a recommendation for denial of this PD. He stated he had heard the neighbors express their concerns about having green space but that he had not heard very many speak about the apartments. Commissioner Owens wanted to know what the Commission could do to amend the plan instead of a denial. He asked why not offer some flexibility, for example if the Commissioners want the road and anything else, put them in and send it to City Council. Glen Hinckley stated that if it made a difference he would consider developing the east portion of Gateway Boulevard by the park when the commercial portion is built, and asked if that would suffice. Mr. Hinckley also stated that once this PD was approved, the only use allowed for one of the parcels is the assisted living and that is what he would have to build there. Commissioner Owens stated he did not know if the City wanted the park donated. Chairman Young stated he was very encouraged by Mr. Hinckley's offer to build the street. He stated that he had been in favor of all this being 121 Gateway but it didn't happen that way. Chairman Young stated he thought the multi-family is probably a good use and not much can be done with the park, since it is a drainage channel, Chairman Young stated that Rick Herald from the parks department had stated he is receptive to having the City maintain the park. Chairman Young stated that as far as the access from Tallow Drive was concerned, there is a point where you have to say enough is enough. Chairman Young also stated he thought he could support this PD with all the right-of-way dedications and all the streets being constructed by the developer; and with the drainage channel being designed and constructed by the developer. Commissioner McNeese stated he could not Support the project based on the density. Commissioner Zahn stated he would not support the PD based on lack of parking spaces by the park and also that the assisted living should be restricted to two story. Commissioner McMillon concurred with Chairman Young and stated his biggest concern had been the financial liability that the City would incur by building the road, but that Mr, Hinckley had made a major concession. He stated he thought that parking should be provided and could be included in the motion. Commissioner Zahn asked if Mr. Hinckley would accept two stories only on the assisted living. Mr. Hinckley answered that he could not commit to two story because that would be premature, Mr. Hinckley also stated that when the suggestion was made to underground or ground level parking, they had looked into that, and when the concerns about the height of the building were brought to their attention, they had tried to mitigate that by putting a ten foot fence in the back even though the engineers did not like this N1€NIVI"r,S OFJANUAM 1.'.). 1949 idea. Mr. Hinckley stated that if he was told to build all the streets, to change the density and reduce the size of the assisted: living building, that it would become uneconomical. Commissioner McMillon stated he had sat on the Planning and Zoning Commission for a long time and that he always had misgivings about making substantial changes to cases at a meeting, and that perhaps the Commission could table this case. Commissioner Zahn stated that as a taxpayer he did not want to have to pay anything on this property or maintain a park that will not be available to everybody. Commissioner Zahn also stated that if Mr. Hinckley would agree to the relocation of the channel and at least put the park in a format in which the parks director could maintain it and provide parking places, then he could support this. Commissioner Houk made a motion to approve Planned Development #93-03-PD with the following amendments to the ordinance: 1. The developer will construct both sides of Gateway Road when the adjacent property develops. 2. The park will be made usable for the people in the assisted living center. 3. The park will be designed and maintained per CPTED (Crime Prevention Through Environmental Design) criteria. 4. Parking spaces will be provided at the park. 5. The developer will pay for drainage improvements; relocation of the channel and park improvements. Commissioner McMillon seconded the motion. Commissioner McNeese stated he did not like the density and height. 11,11 r. Bass stated that the R-5 zoning in the existing multi-family district allows up to 24 units per acre; but in this case they are only asking for 17.9 units per acre. He stated that the number of units per building is 12. Commissioner Owens he wanted to hear more to decide if he was going to make an amendment. Commissioner McNeese stated the density was probably a trade off trying to get more interior space and more green space. Commissioner Zahn asked if funds would have to be escrowed for the portions of road not immediately built with apartments. Mr. Kruckemeyer answered that since Mr. Hinckley proposed to build the east side of the road, he would not have to escrow funds. PLANNUNGNND Z('N'ING COMMNMON PAGE 15 MINUTES Of JANUAkY 19.19�9 Commissioner Zahn asked if this PD would be binding to a new ownership, Mr. Bass answered yes unless it was changed by Planning and Zoning Commission and City Council, Commissioner Owens made an amendment to the motion that 5 parking places be placed on the east side of Gateway Road approximately 150 feet north of the assisted living parcel's northern property line. Commissioners Houk and McMillon accepted the amendment to the motion. The vote was as follows: Ayes: Chairman Young, Commissioners Zahn, Houk, Owens, McMillon, McNeese Nays- None Abstentions: None The motion carried. ITEM 4 PUBLIC HEARING — SPECIFIC USE PERMIT - #98-33-SUP - FAIRFIELD RESIDENTIAL - Receive public input regarding the reques t of Fairfield Residential for a Specific Use Permit for a 365 unit Multi-Family Residential Development in CUD 739 (for varying density multi-family) and CUD 768 (for varying density multi-family) and C-2 (Community Business District) zoning in the Bryant Harrington Survey, Abstract #808, a portion of Tract 3, and in the Levi Franklin Survey, Abstract #513, portions of Tracts 4D, 4F, 4FI; 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 Development, gave a brief description of the case and stated that staff recommended approval. Mr. Bass stated he wanted to address the comprehensive plan question. He stated that it is a timing concern, and said that City Council specifically removed this area of land from the 121 Gateway District zoning, Mr. Bass also stated that the City does not and does not intend to update the comprehensive land development plan every time a zoning change is done, that it is on an annual update basis only, Mr. Bass stated that if the timing been different and this case would have been postponed slightly, the City would have been able to go in and modify the comprehensive plan to reflect the Council's wishes, i.e, the placement of 121 Gateway on the ground and the exclusion of this particular tract for multi-family, which would have made it in compliance with the comprehensive plan. Mr. Bass stated that staff supports the SUP. N41NUFFS OF 3AN't"AKY I�>. 1949 Chairman Young stated the same Public Hearing rules would apply but with the addition of a time limit of 3 minutes only. Chairman Young opened the Public Hearing and asked the applicant's representative to come forward. Paul Johnston, 2045 N Highway 3603, Suite 2503, Arlington, Texas; representing Fairfield Residential; stated that in order to accumulate density, they decided to build up as opposed to building out and by doing that they were able to greatly increase the amount of landscape and open area throughout the project. Chairman Young closed the Public Hearing. ITEM 5 RECOMMENDATION ® SPECIFIC USE PERMIT - #98-33-SUP -- FAIRFIELD RESIDENTIAL Consider a recommendation regarding the request of Fairfield Residential for a Specific Use Permit for a 365 unit Multi-Family Residential Development in CUD 739 (for varying density multi-family) and CUD 763 (for varying density multi-family) and C-2 (Community Business District) zoning in the Bryant Harrington Survey, Abstract #808, a portion of Tract 3, and in the Levi Franklin Survey, Abstract #51:3, 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 Development gave a brief description of the case and stated that staff recommends approval. Commissioner Houk stated that she did not recall anything being said about lighting. Mr. .Johnston stated that Fairfield Residential will agree to meet the standards of the City's adopted lighting ordinance. Commissioner Houk stated she must adhere to # 13 of the SUP criteria list. Commissioner McMillan stated there is some real concern about item #13 of the SUP criteria and he would like to hear the City's attorney interpretation of item #13. Paul Wieneskie, representing the City Attorney, stated that there had been some discussion that every time a zoning case came through it should be an automatic amendrxlent to the City's Comprehensive Land Development Plan. Mr. Wieneskie stated that the Comprehensive Land Development Plan is supposed to serve as a guide to land use decisions. The resolution that adopted the Plan, states clearly that it represents according to the City Council, the best application of the goals, objectives and policies for the physical development of the City and that it is adopted to become the primary document on which to base all land use decisions. Mr, Wieneskie also stated that it is not something that is absolutely arbitrarily set in stone, that there are lots of development decisions that come before the Planning and Zoning Commission and the City Council that do not identically match what is in the Comprehensive Plan, but that nevertheless are PLANNING AND ZONIN6 fY NVOISSION PAGE 37 1iINITIT5 OJ JANUARY I9, :999, case may be, feels that that development is in the best interest of this development of the City as a whole and is basically in accordance with the Comprehensive Plan. Mr. Wieneskie stated that there has also been a lot of discussion surrounding the 121 corridor rezoning. Mr. Vfieneskie stated that in Mr. Hinckley's particular case, he has had zoning on the ground for 20 years that allows a much greater density multi-family development on this piece of ground than what is now being proposed in the PD. Mr. Wieneskie stated that Mr. Art Anderson world take the position that if he did not get the rezoning that is being requested here tonight, that he would have an absolute right to develop that property under that higher density and under the existing zoning. Mr. Wieneskie stated that #13 of the SUP criteria says that the proposed use is in accordance with the City's Comprehensive Land Development Plan, but it does not say that it must be identical with what is on the ground, and that it was up to the Planning and Zoning Commission to exercise some discretion to see if this is in accordance with the Comprehensive Plan. He said that the Commission also should take into account what Mr. Bass said earlier; that in a perfect world when the City Council re-did the Comprehensive Plan, it would have been re-done to exclude this property; since it was taken out of the 121 re-zoning. Mr. Wieneskie stated that it is not a simple cut and dried equation, it depends on the Commission and that is part of what the Commissioners are appointed for to exercise their discretion to see if this is close enough to be in accord with the Comprehensive Plan of the City and, overriding everything, is your decision whether this is going to be in the best interest of the citizens of the City of Euless. Commissioner Zahn stated that the 121 Corridor District is not part of the Comprehensive Land Plan as it exists today, and that the zoning that the Comprehensive Land Plan shows is commercial and single family, which was developed when the Comprehensive Land Plan was put into place, therefore what has transpired with regard to the 121 Corridor District really has no play in what the Commission is doing as far as item 13 goes. Mr. Weneskie stated that the Commissioners recommended for approval the 121 Corridor Zoning District which was not without controversy but it was not in accord with the City's Comprehensive Plan. Commissioner Zahn made the motion to approve Specific Use Permit #98-33-SUP. Commissioner Owens seconded the motion. Commissioner Houk stated she wanted to amend the motion that in the future when staff is changing the Comprehensive Plan the change should be in a written resolution as a change to the plan. Mr. Wieneskie stated that needed to be in a separate motion or as a request for staff. Commissioner Houk withdrew the amendment. The vote was as follows. Ayes. Chairman Young, Commissioners Zahn, Ovens, McMiilon, McNeese Nays: None Abstentions: Commissioner Houk The motion carried. ITEM 6 PUBLIC HEARING - PROPOSED AMENDMENTS TO THE MASTER THOROUGHFARE PLAN Receive public input on proposed amendments to the City of Euless 1987 Master Thoroughfare Plan, by request of the Public Works Department, Note: This public hearing was advertised incorrectly. See item 8 for the correct wording. Chairman Young stated that Item 6 was a Public Hearing advertised incorrectly. Chairman Young opened and closed the Public Hearing. ITEM 7 RECOMMENDATION - PROPOSED AMENDMENTS TO THE MASTER THOROUGHFARE PLAN Consider a recommendation regarding proposed amendments to the City of Euless 1987 Master Thoroughfare Plan, by request of the Public Works Department. Note: This recommendation was advertised incorrectly. See item 9 for the correct wording. Commissioner Zahn made a motion to table the action. Commissioner Owens seconded the motion. The vote was as follows: Ayes: Chairman Young, Commissioners Hour; Zahn, Ovens, McMillan, McNeese Nays: None The motion carried. ITEM 6 PUBLIC HEARING - PROPOSED CITY OF EULESS 1999 MASTER THOROUGHFARE PLAN Receive public input regarding the proposed City of Euless 1999 Master Thoroughfare Plan, by request of the Public Works Department, Bo Bass, Planning and Development Director, gave a brief description and stated that the Planning and Development Department supports this plan as presented by the City Engineer, Paul Kruckemeyer. ANID ZONMNO COMMISSION PAGE 19 OF JANUARY 19. Mr. Kruckemeyer stated that the Master Thoroughfare Plan is a plan - something the City works for but not something it is tied to - and that it is the best prediction of what the Engineering Department feels is going to be needed in these areas to help these areas to be developed for the best. Mr. Kruckemeyer stated that the 121 area is probably the major area of concern and that Gateway Road is shown as a DA (as shown in the Master Thoroughfare Plan) or four lane divided road. He stated that the road on the west side is shown as a DA, DB or DC (as shown on the Master Thoroughfare Plan), Mr. Kruckemeyer stated that this provides the Commission and City Council a means of directing staff, and that if the Commission wants a road to be a five or six lane road, this is the time for those changes. Mr. Kruckemeyer also stated that what is shown is that the roads on both sides of 121 need to be at least four lane wide. The Plan also shows a four lane (DA) running east and west, and what the Commission looked at tonight as Centurion Way is not a DA but more like a DC, and that is a little shot! on the right-of-way but that would be taken care of during the Site Plan. Another thing to iook at is Baze Road, since there has been a lot of discussion about it. Mr. Kruckemeyer stated there are a couple of homeowners who are concerned about having Baze extended, but that the majority of phone calls that he had received were from people who want it to go through. He stated that what staff had tried to do to appease both of them is to use design considerations on Glade as well as Mid Cities Boulevard to try to keep through traffic from Grapevine from just coming all the way to Mid Cities. He stated he thought that the day Glade is widened that concern will go away. Mr. Kruckemeyer also stated that the Mid Cities Boulevard construction is planned for this Fall and that a median will be placed so that when Baze is brought through it will not allow for a left turn lane. Mr. Kruckemeyer stated that another thing shown is the extension of Main at Trinity Boulevard in a widened condition, and that it also shows the extension of Fuller Wiser to four lanes Bin the northernmost section of the road. Mr. Kruckemeyer also stated that Raider Drive and Westpark Way are shown as DB and DA which would probably happen when Arlington extends Fielder. Chairman Young closed the Public Hearing. ITEM 9 RECOMMENDATION - PROPOSED CITY OF EULESS 1999 MASTER THOROUGHFARE PLAN Consider a recommendation regarding the proposed City of Euless 1999 Master Thoroughfare Plan, by request of the Public Works Department. Commissioner Zahn made the motion to recommend approval of the Proposed City of Euless 1999 Master Thoroughfare Plan. Commissioner Houk seconded the motion. The vote was as follows. PLANNtNG AND ZONENG COMMISSION PAGE' 20 Mi!NNUTE S OF!ANTARY 19, 1 Ayes, Chairman Young, Commissioners Houk, Zahn, Owens, McMillon, McNeese Nays- None The motion carried. ITEM 10 REPORTS There were not reports, Commissioner Owens moved to take up under new business Commissioner's Houk concern. Commissioner Houk stated that it saves a lot of embarrassment if the Comprehensive Plan is updated as you go, since as you write the ordinance You can include updating the Comprehensive Plan and the mapping can come later. ITEM 11 DIRECTOR'S REPORT Bo Bass, Director of Planning and Development welcomed Commissioners Katherine Houk and Richard McNeese to the Planning and Zoning Commission. Commissioner Owens recommended that staff send a plaque to the members of the Planning and Zoning Commission who will no longer serve on the Commission. ADJOURNMENT; There being no further business, Chairman Young adjourned the meeting at 11:28 p.m. /X 21, Chairman Ronald OUN` Date