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HomeMy WebLinkAbout2002-10-15 PLANNING AND ZONING October 15, 2002 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Chairman McNeese at 6:35 p.m. for consideration of scheduled items in the Council Chambers in Building "B" of the Municipal Building. Chairman McNeese stated there was a quorum of members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT: Chairman McNeese Vice Chairman Grove Bill Tarin Monty Huffman Ron Hughes John Deithloff Tony May Mike Collins, Director of Planning and Development Eric Wilhite, Planning and Development Manager Kurt Kasson, Building Official Ron Young, Director of Public Works Robert Barker, City Engineer Bill Ridgway, Director of Economic Development Karla Allen, Administrative Secretary VISITORS: Robert Baldwin, Ricochet; Kelly Roberts; Ricochet; Tom Hoover; Bryan Klein; Ottis Lee; Don Pebbles; Eric Hulet, Grace Community Church; Joe and Natalie Williams, Teen Collections; David Hagar, Texas Star Business Center; Mike Pizzelanti, All Paws Go To Heaven; and others listed in visitors' register. THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Hughes and Invocation was given by Chairman McNeese. ITEM 1 APPROVAL OF MINUTES Commissioner Tarin made a motion to approve minutes from October 1, 2002 with the following corrections: Page 2, bottom paragraph, the word sever should be severe and page 7, 8th paragraph, last sentence, the word to should be too. Commissioner May seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Tarin, Huffman, Hughes, Deithloff and May Nays: None Abstention: None Planning and Zoning Commission Minutes Page 2 October 15, 2002 The motion carried (7-0-0). ITEM 2 CASE #02-03-SP — CONSIDER A RECOMMENDATION FOR A SITE PLAN Consider a recommendation regarding a request for a Site Plan for Gasoline Sales proposed to be located at International/Regional Industrial Complex, portion of Block A, Lot A on Royal Pkwy. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The applicant, Kelly Roberts, is proposing to operate a commercial bulk fuel sales center on approximately 2 acres of a 9.3 acre tract that is located south of W. Euless Blvd. on the east side of Royal Pkwy. There will be no cash transactions. This establishment will require commercial accounts be established with the company. The site would contain an approximately 6,161 square foot administrative building and headquarters. The street side would contain a canopy approximately 25' X 100' with six fuel pumps that are self serve with electronic card activation. It is in substantial compliance with all technical specifications and staff is recommending approval. Chairman McNeese asked if the applicant or representative was present and to come forward for any comments. Robert Baldwin, 1445 Ross Ave., #4000, Dallas, representing Ricochet, stated this will be a bulk fueling facility that will act as a gasoline station. This will be the headquarters of Ricochet Fuel Distribution. Ms. Roberts is moving her operation from Bedford into Euless. There will be no outside storage and meets all the zoning requirements. Commissioner May asked what type of fuels would be sold at the facility. Mr. Baldwin stated diesel and gasoline. Diesel will attribute approximately 85% of the sales and gasoline the remaining 15%. Commissioner May asked for clarification of the gasoline types. Mr. Baldwin stated there would be unleaded. Commissioner May asked what type of lubricants would be sold. Mr. Baldwin stated they would be selling oil by the quart. Commissioner May asked if there would be any type of service performed on the vehicles. Mr. Baldwin stated there would not be any service repairs taking place. Commissioner May asked what the anticipated annual sales would be for this facility. Kelly Roberts, owner of Ricochet Fuel Distributors, 1101A Bedford Rd., Bedford, stated the annual sales is equated to one gallon per dollar and is approximately $1.2 to $1.5 million per year. Commissioner May asked if there would be any underground tanks and how many. Ms. Roberts stated there will be four tanks. There will be less than 40,000 gallons storage and 10,000 or less per tank. They will be double walled which exceeds the EPA guidelines and will also have an oil/water separator that will capture any runoff. Commissioner May asked if there had been core samples done at this site because of the clay that shrinks and swells. Ms. Roberts stated there was a core Planning and Zoning Commission Minutes Page 3 October 15, 2002 sampling done to check the stability for the tanks. They pack the tanks in pea gravel to allow for shifting. Vice Chairman Grove asked if the facility will be attended at all times during the operating hours. Ms. Roberts stated the facility will be unattended except for the normal business hours 8:00 am to 5:00 pm Monday through Friday. During the unattended times access will only be granted with a private card that is issued by the company through an account. Vice Chairman Grove asked if there were any concerns with vandalism due to it being a high visibility area. Ms. Roberts explained there will be security cameras with internet access to view activity. Commissioner Hughes asked if they currently have a facility like this in operation. Ms. Roberts stated this is their first facility like this. Commissioner Hughes asked how they are notified in the event there is a problem on the premises. Ms. Roberts stated there is no type of alarm other than what is on the building. There are a number of different types of shut offs that will be put into place at the pumps so there is no danger of a large amount of gas running out of the hoses for whatever reason. Commissioner Hughes asked if this type of facility is fairly common in other areas. Ms. Roberts stated they are going with Commercial Fuel Network that is based out of California and they currently have 1,800 locations throughout the United States. This facility will be the 9th in the Dallas/Fort Worth area. Commissioner Hughes asked how the sale of supplemental materials will take place. Mr. Roberts stated part of the building will be used for warehouse. Customers will only have access to those types of products during the normal business hours when staff is present. Commissioner Hughes asked if there would be any type of refreshments sold at the facility. Ms. Roberts stated that the only type of refreshments that would be available would be prepackaged. Commissioner Hughes asked what are some of the measures that would be taken to prevent surface water contamination on the north side of the facility. Tom Hoover, Hoover/Klein Group, 416 N. Main St. #120, Euless, stated their plan is to capture all the paved surface and run it into the detention pond and the pond will serve two purposes. It will slow the water down so it releases onto the adjoining property at the rate it is at predevelopment conditions. It will also serve as a filter that will have native grasses and plants that will catch the sentiments before they discharge onto the adjoining property. The water that is on the pavement will go through an oil/water separator. Commissioner Hughes asked what the lighting around the facility would be like. Mr. Hoover stated the intensities will conform to the ordinance requirements. Commissioner Hughes asked if the lighting would be more subdued than an Exxon Station would have. Ms. Roberts stated there would be lighting under the canopy and along the outside of the building. Commissioner Huffman asked who would be some of the typical customers. Ms. Roberts stated that anyone who has delivery and route trucks from large type companies. This would be a convenience for those types of companies. Planning and Zoning Commission Minutes Page 4 October 15, 2002 Commissioner Tarin asked if they currently have this type of facility in operation and what type of experience does she have for this type of facility. Ms. Roberts stated they do not, but she has been in this type of business for over 22 years. She has managed and represented companies with these types of facilities. Commissioner Tarin asked if there would be any type of guard during the evening hours. Ms. Roberts stated there would not be. Commissioner Tarin asked if there were any type of anti-pollution devices for the underground tanks and if it was regulated by the State. Ms. Roberts stated there are electronic monitors that send pulses and alarms that will detect if there is any changes within the tanks and produces instant reports. Commissioner Tarin asked if they were required to carry any type of pollution liability policy. Ms. Roberts stated she was not sure. Commissioner Deithloff made a motion to approved case #02-03-SP. Vice Chairman Grove seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Tarin, Huffman, Hughes, Deithloff and May Nays: None Abstention: None The motion carried (7-0-0). ITEM 3 CASE #02-05-FP — CONSIDER A FINAL PLAT Consider a request for a Final Plat changing B. Harrington Survey, A-808, portion of Tract 3; L. Franklin Survey, A-513, portions of Tracts 4D, 4F & 4F1 to Centurion Addition, Block A, Lot 1. This property is located at 2500 Hwy 121. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The applicant is requesting approval of a Final Plat for a 22.72 acre tract on the north bound frontage road of SH 121 south of Glade Road. The construction of the Seramount Apartments operated by Fairfield Residential has been completed. The Development Review Committee has reviewed this and has determined it is in compliance with all technical development standards and the City Engineer has issued a Letter of Acceptable Public Improvements and staff is recommending approval. Commissioner Hughes made a motion to approved case #02-05-FP. Commissioner Tarin seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Tarin, Huffman, Hughes, Deithloff and May Planning and Zoning Commission Minutes Page 5 October 15, 2002 Nays: None Abstention: None The motion carried (7-0-0). ITEM 4 CASE #02-04-RP — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A REPLAT Receive public input and consider a request for a Replat of Bell Ranch Terrace, Block 13, Lots 1-14, 24R1 and 24R3; Block 14, Lots 1-11; and Block 12, Lots 8-14 to Oakridge Estates, Block A, Lots 1-32; Block B, Lots 1-15 and Block C, Lots 1-16 in order to construct a Single Family Development. This property is located at 1200 Signet Dr. Mike Collins, Director of Planning and Development, gave a brief overview of this case. The action requested is to receive public input and consider a request for a Replat of Bell Ranch Terrace, Block 13, Lots 1-14, 24R1 and 24R3; Block 14, Lots 1-11; and Block 12, Lots 8-14. The applicant is Centurion Development. This project had been before the Commission and City Council as a Zone Change request several months ago during which the applicant was granted a Zone Change approval for a R-1 L subdivision creating approximately 64 lots. The project is located off of Signet Dr. west of Hwy 157 and north of the Police and Courts Building located on W. Euless Blvd., located immediately to the east of the existing Bell Ranch Terrace subdivision. The replat is in substantial compliance with all technical specifications and staff is recommending approval. Chairman McNeese opened the public hearing. Chairman McNeese asked for the applicant or representative to come forward for any comments. Ottis Lee, Civilworks Engineering, representing Centurion American and BNR Properties, 1192 Boling Ranch Rd., Azle, stated there are 64 lots on 13 acres previously zoned R-1 L. Mr. Lee stated they have met all City requirements and has received a letter from Engineering which indicated approval of preliminary plans which address water, sewer and drainage for this property. Chairman McNeese asked for any proponents/opponents and seeing none the public hearing was closed. There was no discussion from the commission. Commissioner May made a motion to approve case#02-04-RP. Commissioner Hughes seconded the motion. The vote was as follows: Planning and Zoning Commission Minutes Page 6 October 15, 2002 Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Tarin, Huffman, Hughes, Deithloff and May Nays: None Abstention: None The motion carried (7-0-0). ITEM 5 CASE #02-04-ZC — PUBLIC HEARING REGARDING A ZONING CHANGE AND CONSIDER A RECOMMENDATION REGARDING AN ORDINANCE Receive public input regarding a request for a Zoning Change of Morrisdale Estates, Block 13, portion of Lot 22, from R-1 (Single Family Detached Dwelling District) zoning to R-1 L (Single Family Limited Dwelling District) zoning and consider a recommendation regarding an Ordinance. This property is located on 3903 W. Pipeline Rd. Mike Collins, Director of Planning and Development, gave a brief overview of this case. The applicant, Jerry Jenkins, and the property proposed for the categorical zone change from R-1 to R-1 L is located at S. Pipeline Rd. on the south side of where Forest Ridge would dead end to W. Pipeline Rd. The Sotogrande Apartment are located immediately fr to the east and the existing Morrisdale residential subdivision located to the west. The applicant is proposing a categorical zone change from R-1 to R-1 L. They own approximately 6.45 acres of land. They propose to take the northern two acres and create a 10 lot residential subdivision that meets all R-1 L subdivision standards. They are not requesting any variances from the existing development standards. The Development Review Committee has certified this case to be considered by the Planning and Zoning Commission and staff is recommending approval of the zone change. Chairman McNeese opened the public hearing. Chairman McNeese asked if the applicant or representative was present and to come forward for any comments. Don Pebbles, 530 Bedford Rd., Bedford, stated he was the Civil Engineer on this project and was representing Mr. Jenkins. He stated they have been working with a developer that deals with small tract developments and found this particular site to be suited for such a development which has been sitting with the old Morris house for a number of years. Chairman McNeese asked if there were any proponents and to come forward for any comments. Planning and Zoning Commission Minutes Page 7 October 15, 2002 Millard Bachman, 1209 Cliffwood Rd., Euless, stated that he was not opposed or in favor of this case at this time but he was extremely concerned about the runoff that could possibly occur from this project because of the runoff that already exists. Chairman McNeese asked if there were any opponents and to come forward for any comments. Gary Jones, 1201 Cliffwood Rd., Euless, stated his property connects to this development and is concerned about the density that already exists in the area and how it would possibly bring down the property values. He stated they were also concerned with the runoff that would occur from the development. Chairman McNeese asked Mr. Jones where his property was in relation to this development. Mr. Jones pointed out on the map that his property is to the east of the development. Chairman McNeese closed the public hearing. Commissioner Tarin asked if they were asked to change the zoning from R-1 to R-1 L in order to get more lots onto this piece of property. Mr. Pebbles stated that financially they would need this many lots to support the development of the street. Also, the depth of the street was determined to make sure that runoff from the street will go towards Pipeline and not Morrisdale. Mr. Pebbles stated they are building on smaller lots but similar size houses in Morrisdale. Commissioner Tarin asked what would be the average prices of the homes. Mr. Pebbles stated he was not the builder and stated they were told they would be similar or better than ones being built in Bedford by the same builder which is between $168,000 and $185,000. Commissioner Tarin asked if all of these homes were single family. Mr. Pebbles stated they are all single family detached dwellings. Commissioner Tarin asked what will be done with the remaining 4.5 acres where the Morrisdale Farm house was located. Mr. Pebbles stated this portion would be preserved. Commissioner Tarin asked if there would be a street on the side in order to access this portion without having to go through the development. Mr. Pebbles stated there would be. The reason why they were saving this portion was to preserve the integrity of the trees. Mr. Jenkins wanted to make sure those trees remained on his property and did not get into the development. Commissioner Tarin asked the City Engineer about the drainage in this area. Ron Young, Director of Public Works, stated that since this was a Zoning Change they would not see the preliminary drainage plans until the Preliminary Plat stage and would be able to make a determination and consideration at that time. Commissioner Hughes asked if the property was previously platted as R-1. Mr. Pebbles stated that it was. Commissioner Hughes asked how the intersection at Forest Ridge is being addressed. Mr. Pebbles stated the street will be centered with Forest Ridge. Planning and Zoning Commission Minutes Page 8 October 15, 2002 They have spoken with the City of Bedford, who controls the lights, and stated they (the City of Bedford) have discussed modifying the lights for this street. Commissioner Hughes asked if the development were to stay at R-1 would they be losing one or two lots. Mr. Pebbles stated they would lose the depth of the lots and could cause Mr. Jenkins to lose some trees he does not want touched. Commissioner Deithloff asked for clarification on R-1 to R-1 L. Mike Collins stated that R-1 L is a residential zoning category that establishes a minimum lot size of 5,500 square feet with a minimum dwelling unit of 1,700 square feet. Chairman McNeese asked what the long term plans were for the rest of the property. Mr. Pebbles stated that the rest of the property is extremely difficult to develop because of drainage issues. There is an existing tank that is behind the property and the Historical Society has put the Morris place on their map and put a lot of money to build it up. Commissioner Deithloff asked if they were anticipating for the lots to drain into the street and out onto Pipeline Rd. Mr. Pebbles stated the east lots are going to drain to Pipeline and in order to save the trees on the other property the other lots will drain to the back. Chairman McNeese asked that based on the way the development is designed would the remaining property ever possibly be developable. Mr. Pebbles stated that it would not be economically feasible. Commissioner Hughes made a motion to approve case #02-04-ZC. Commissioner Deithloff seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Commissioners Tarin, Huffman, Hughes, Deithloff and May Nays: Vice Chairman Grove Abstention: None The motion carried (6-1-0). ITEM 6 CASE #02-09-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 Century Plaza Addition, Block 1, Lot 3, for a Church in C-1 (Neighborhood Business District) zoning, and consider a recommendation regarding an Ordinance. This property is located on 1200 N. Main St. Mike Collins, Director of Planning and Development, gave a brief overview of this case. The action requested is to receive public input regarding the request for a Specific Use Permit on Century Plaza Addition, Block 1, Lot 3, for a church in C-1 (Neighborhood Planning and Zoning Commission Minutes Page 9 October 15, 2002 Business District) zoning. The applicant is proposing to place a church in a location at the northeast corner of N. Main St. and Harwood Rd. The property is currently zoned C-1 (Neighborhood Business District). The proposed land use as a church by ordinance is required to be processed through a Specific Use Permit. Specific to this site, there is a vacant structure that is approximately 36, 334 square foot in size. It had been constructed and occupied originally as a Food Lion Grocery store in November 1991, and closed in late 1995. The applicant, Grace Community Church, would propose to occupy that structure as a church. They would conduct their worship services on Sunday mornings between 8:00 A.M. to 12:00 P.M. and on Wednesdays from 6:00 P.M. to 9:00 P.M. They would have office hours Monday through Friday approximately 8:00 A.M. to 5:00 P.M. They would offer standard nursery care for the regular worship services, and would not offer any "Mother's Day Out" Programs or daycare programs during the week that are not related to the worship services. They have gone through a technical review with staff to determine whether or not occupying this structure based on the submittals would meet all the technical standards with respect to occupancy, parking, landscaping and lighting. They have met all these requirements. The Unified Development Code in Section 84-153 establishes that a Specific Use Permit shall not be recommended for approval by the Planning and Zoning Commission unless the Commission finds that all of the conditions listed in the section that are found in Section 84-153 exist. Three of those specifically are 84-153(2) which states: The proposed use as located and configured will contribute to or promote the general welfare and convenience of the city. Section 84-153(3) states: The benefits that the city gains from the proposed use outweigh the loss of or damage to any homes, businesses, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use. Finally, Section 84-153(13) states: The proposed use is in accordance with the City's comprehensive plan. Staff recommends denial of this proposed Specific Use Permit based on its findings that the conditions that were previously mentioned as 84-153(2), 84-153(3) and 84-153(13) do not exist. Staff believes the location is a prime commercial property with significant economic development potential and the realization of this economic potential will benefit all the citizens of Euless. Chairman McNeese opened the public hearing. Chairman McNeese asked the applicant or representative to come forward for any comments. Eric Hulet, 1915 Kynette, Euless, Pastor of Grace Community Church, stated the church has been in the Wilshire neighborhood for approximately 8 years. The church has been looking for property to expand their church for approximately 3 years. They are designing the sanctuary to meet all UDC requirements along with the parking requirements of a 1-4 ratio. They are excited about being on Main St. to provide a showcase for the city and would be upgrading the landscaping to make the appearance appealing. They take no exception to the sale of alcohol within 300 feet of the site. Planning and Zoning Commission Minutes Page 10 October 15, 2002 They recognize those establishments were there first. The hours of service would not run concurrent with heavy traffic load on the main thoroughfares of Main St. or Harwood and should not be of any impact when arriving and dismissing. Mr. Hulet stated they were a long-term congregation in the city and part of a historic denomination and are going to be here for a long time. Mr. Hulet stated the church feels they would bring a great benefit to the community being located on Main St. They would like to take this facility that has been vacant for so many years and turn it into a blessing in the city. This particular structure is ideal for the development of a church. All of the existing Food Lions in Hurst, Bedford, Grapevine, North Richland Hills and Irving that have sold, have sold either to school districts or to charitable organizations. What Grace Community Church is proposing to do is very much in line with what is happening. Chairman McNeese asked for any proponents to come forward for any comments. Paul Hunsberger, 1808 Toplea, Euless, stated he has been a member of the church for 10 years. He stated that Grace Community Church would enhance the community. Kimberly Burk, 827 Collin Dr., Euless, stated she lives 1/2 mile from this area and feels that this will help the economy in this area by having this church here because of the local businesses in the area. This church will be a positive to the community and they have a big commitment to the children. There is a large amount of children in this area that could benefit from this church. Jim Parrish, 500 Turtle Cove, Rockwall, Charter and Assoc., stated his company has been retained by Grace Community Church about 3 years ago to find a new home for the church based on their size and economic growth. They have looked at over a dozen other facilities and this location is the best. Mr. Parrish asked if this was not the best and highest use, then what is? This is very important to the church. There are already two other grocery stores on this particular corner and does not see this as ever bringing in any other type of store, because it is too small by today's retail store standards. Glenda Pettit, 401 Lone Oak, Euless, stated she feels this is the highest and best use and would be good for the citizens. Manuela Hunsberger, 1808 Toplea, Euless, stated the building has been vacant too long and has had seven years for business to come in. Now there is something good wanting to come to this area. This would be the best use for this land. Chairman McNeese read a list of other citizens who did not wish to address the commission but would like to register their opinion to support this proposal: Maurietta Hulet, 111 Glade Shadow, Euless Kathy Hacker, 403 John Vernon, Euless Susan Hulet, 608 Leta Ln., Colleyville Geoffrey Richardson, 2906 Plaza St., Arlington Planning and Zoning Commission Minutes Page 11 October 15, 2002 Brittany Richardson, 2906 Plaza St., Arlington Cindy Richardson, 2906 Plaza St., Arlington Chairman McNeese asked for any opponents to come forward for any comments. Seeing none the public hearing was closed. Commissioner May thanked all the citizens for their participation and comments. Commissioner May asked Mike Collins if there have been any reported problems with vandalism since the building has been vacant. Mr. Collins stated they were not aware of any problems. Commissioner May asked Mr. Parrish why this particular location favored other sites they have looked at. Mr. Parrish stated this site has less work to be done to the shell and the site is much larger. There will be things that need to brought up to code and some additional landscaping, but economically this site will not require as much work as the other sites. Commissioner May asked how many members were in the church. Mr. Hulet stated they have 500 members with 300 in attendance on Sunday's. Commissioner Deithloff thanked the citizens for their participation. Commissioner Grove asked Mr. Hulet if there were any other sites in the City of Euless they looked at besides on Hwy 10 and the old Southerlands building. Mr. Hulet stated they have looked in the HEB area. They have looked at a building near the new Super Target in Bedford, which is similar to this site. They have also talked with other churches that were considering relocating and there was not a good match. When they purchased the current facility it was a three church situation. Commissioner Grove asked Mr. Hulet what the growth has been for the church over the past year or two. Mr. Hulet stated the growth of the church has plateaued for 3 years because they have had no room and that is why they have had such an intense search. Commissioner Grove asked Mr. Hulet if he felt the facility size has limited the growth of the church today. Mr. Hulet stated it has. Commissioner Grove asked Mr. Hulet what the plans were for their existing facility. Mr. Hulet stated there is another congregation that is interested in the facility. Commissioner Grove asked if they were looking to purchase or lease this site. Mr. Hulet stated they would be purchasing. Commissioner Grove asked Mr. Hulet, as a church leader, where he would stand on the issue of a petition to legalize the sale of wine in grocery stores. Mr. Hulet stated the position would not feel this would be in the best interest of the city but it would be up to each individual church member to make their own decision. Commissioner Hughes asked Mr. Hulet when they feel they would reach their limit of seating capacity in the proposed property with the proposal of 680 seats. Mr. Hulet Planning and Zoning Commission Minutes Page 12 October 15, 2002 stated it would be extremely difficult to give a reasonable forecast because they have not grown over the past 3 years. Commissioner Hughes asked what their plans would be if they find themselves confined again after purchasing this building. Mr. Hulet stated they hope that this would not happen for a long time because they have two worship services at this time to help accommodate the members. Commissioner Hughes stated he was wanting to see this location to return to commercial use because this is going to be a showcase location for the city. Commissioner Huffman stated he was concerned about the traffic and asked how many services they will be holding in the mornings. Mr. Hulet stated there are presently two services. Commissioner Huffman thanked everyone for coming to the meeting. Commissioner Tarin thanked everyone that came and advised them how much it means when they become involved in what is happening in the city. Commissioner Tarin also stated that he feels it is important to keep this corner commercial for growth in the community. Chairman McNeese thanked the citizens for coming. Commissioner Deithloff made a motion to approval case #02-09-SUP. Commissioner Huffman seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Huffman and Deithloff Nays: Chairman McNeese, Commissioners Tarin, Hughes and May Abstention: None The motion did not carry (3-4-0). Commissioner Tarin made a motion for denial of case #02-09-SUP. Commissioner May seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Commissioners Tarin, Hughes and May Nays: Vice Chairman Grove, Commissioners Huffman and Deithloff Abstention: None The motion carried (4-3-0). Planning and Zoning Commission Minutes Page 13 October 15, 2002 ITEM 7 CASE #02-11-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 Heritage Towne Crossing, Block B, Lot 1, for a Used Merchandise Store in TX-121 (The 121 Gateway District) zoning, and consider a recommendation regarding an Ordinance. This property is located on 1301 W. Glade Rd., Suite 110. Mike Collins, Director of Planning and Development, gave a brief overview of this case. The applicant, Natalie Williams, Teen Collections, L.L.C., dba/Plato's Closet, is to be located in the Heritage Towne Crossing. They propose to operate a gently used resale clothing store. The company from which they franchise this Plato's Closet is the Winmark Corporation. They operate several other similar types of businesses in sporting goods and baby clothes. The Franchiser utilizes a software program that allows employees in each local market to determine the purchase price and the suggested sales price by indicating the brand name, the quality of the item, and the age of the item. The Development Review Committee has certified this item to be considered by the Planning and Zoning Commission and recommends approval. Chairman McNeese opened the public hearing. Chairman McNeese asked the applicant or representative to come forward for any comments. Joe Williams, 3508 Sentinel Oak, Flower Mound, Plato's Closet, stated this is a very selective upscale store for resale of teen apparel. There is a fixed and set way to obtain the best quality merchandise. The software clearly defines what the quality is and how to price the merchandise. Chairman McNeese asked for any proponents/opponents. Seeing none the public hearing was closed. Commissioner Tarin asked how and where they will be getting their merchandise. Mr. Williams stated the Winmark Corporation has a proven methodology that has been implemented in three other types of stores. Initially they will advertise to buy these types of garments. The garments are carefully inspected before buying from individuals. There can be no soiled garments or garments with missing buttons or have any holes. The garments can not be any older than two years and there is a booklet that explains how to detect the age of the garment by the type of label. Commissioner Tarin asked how long was the term of the lease. Mr. Williams stated the term is for 5 years. Commissioner Tarin asked what name the lease will be under. Mr. Williams stated the lease was under the name of Teen Collections, L.L.C. Planning and Zoning Commission Minutes Page 14 October 15, 2002 Commissioner Huffman asked if they will be purchasing any of the garments from store closeouts or wholesale distributors. Mr. Williams stated they will mainly be purchasing from individuals and only from store closeouts if the garments meet the criteria. Natalie Williams, 3508 Sentinel Oak, Flower Mound, Teen Collections, stated they want to buy the clothing from individuals because you know they have already tested and has proven these items are what the people are wanting. Commissioner Huffman asked how they will be advertising. Ms. Williams stated they are required by the franchise to spend five percent of the gross sales on advertising and they spend money up front in developing commercials for radio and television. Commissioner Huffman asked if they are advertising now or if this was new to this area. Ms. Williams stated they are new to this area. They will only sell one franchise in a 10 mile area. There is one currently in Flower Mound and Plano. There are approximately 56 in the USA. Commissioner Hughes asked if the other stores are doing well. Ms. Williams stated the other store in Flower Mound is doing well and across the US they are doing well. Vice Chairman Grove asked what the target market will be. Ms. Williams stated the market is for ages 10 to 19. Primarily for girls, typically the stores will sell 80% to girls and 20% to boys clothes. Vice Chairman Grove asked how they intend to keep their store appearance clean and well kept. Ms. Williams stated the stores clothing will look like new merchandise. They will have dressed mannequins will all the latest styles. They will be changing the displays to reflect the different seasons. They feel this area has the right demographics to get enough high end teen clothing so they can have a store that looks like all new merchandise. Vice Chairman Grove asked what type of demographic base is present in Heritage Towne Crossing that Plato's Closet thought it was right for one of the stores. Ms. Williams stated the reason they picked this exact location was because of the Super Target and Chick Filet and having teenagers these are the biggest magnets for teenagers. There is a large population of Junior High and Senior High students in the area. Commissioner Deithloff asked how they will be receiving their initial stock for the store. Ms. Williams stated they are required by corporate to have a set amount of inventory before they are allowed to open the store for resale. They will advertise they are open to buy merchandise with a projected date to open at a future date. Commissioner Deithloff asked if they would be sending the merchandise out for cleaning. Ms. Williams stated they will be asking the merchandise be brought in clean. Commissioner May asked if they will handling any repairs to the clothing. Ms. Williams stated they will not accept clothing that requires repairs. Commissioner Hughes made a motion to approve case #02-11-SUP with the following condition: 1) tied to Teen Collections, L.L.C. dba/Plato's Closet; and 2) tied to term of lease. Vice Chairman Grove seconded the motion. The vote was as follows: Planning and Zoning Commission Minutes Page 15 October 15, 2002 Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Tarin, Huffman, Hughes, Deithloff and May Nays: None Abstention: None The motion carried (7-0-0). ITEM 8 CASE #02-12-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 Airport Business Park, Block 1, Lot 2R, for a Pet Crematory in 1-2 (Heavy Industrial District) zoning, and consider a recommendation regarding an Ordinance. This property is located on 1118 S. Airport Cir., Suite 100. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The applicant, Mike Pizzelanti, dba/All Paws Go To Heaven, is requesting a Specific Use Permit for the operation of a pet crematorium to be located in Suite 100 of the Texas Star Business Center. The business would offer services to pet owners, humane societies, and city and county governments and would offer to pick up the specimen in a climate controlled vehicle. The removal of the specimens would be confined within the building. No activities associated with this operation would be viewed external to the building. The staff is recommending to allow the state agency, Texas Commission on Environmental Quality (TCEQ), to complete a permitting process that would approve the type of equipment that would be used and the function of the Planning and Zoning Commissioner would be to describe the conditions that it would be acceptable for the cremation function to operate within the Texas Star Business Center. The hours of operation would include Monday through Friday, 9:00 A.M. to 3:00 P.M. and on Saturdays from 9:00 A.M. to noon. Chairman McNeese opened the public hearing. Chairman McNeese asked for the applicant or representative to come forward for any comments. Mike Pizzelanti, 2706 Shady Hill Court, Grapevine, stated he was proposing to put in a pet crematorium. They will be marketing to the eight veterinarian clinics and two hospitals located in the Euless area, as well as, expand their market area to other veterinarians and veterinarian hospitals in the area. Many of the veterinarian clinics are disposing the animals in the city dumps. In the next few years this will be outlawed and the disposal of animals will be through crematory. Ninety-eight percent of animal deaths are cremations. He has selected this area as a central location to the Dallas/Fort Worth area and the area he wants to market. The original submittal was to Planning and Zoning Commission Minutes Page 16 October 15, 2002 include the use of the Power-Pak Jr. After market research and talking with the TCEQ, the Them-Tec appears to be the best use with the permits that are required by the state and for environmental purposes. Chairman McNeese asked for any proponents to come forward for any comments. David Hagar, 1205 Texas Star Pkwy, Suite 120, Euless, stated he is the manager/owner of the Texas Star Business Center and when he was first approached with this proposal it did not sound like a good idea for his Business Center. After conducting some research and talking with TCEQ on this particular process he has become comfortable with it. It has been written into the lease there will be no odor around the premises, no visible emissions coming from the stack and no dead animals visible on the property. This is one of the reasons why Mr. Pizzelanti has chosen a larger suite so he can pull his vehicle into the suite and pull the door down before removing the animals from the vehicle. Chairman McNeese asked for any opponents to come forward for any comments. Seeing none the public hearing was closed. Commissioner May asked if the specimens would be kept in freezers while in the building. Mr. Pizzelanti stated they would be kept in freezers until they are burned. Their plans are to pick up the specimens in the mornings and burn in the afternoon. There will be two freezers but there will not be any stored overnight unless they were unable to perform a private burn that afternoon. Commissioner May asked if TCEQ inspected the site or if they are just processing paperwork. Mr. Pizzelanti stated this is a permit and application process. They are actually permitting the machine emissions. They also require a log to be kept of all incinerations. He stated they would only be coming to the site if there were a report of emission problems. Commissioner May asked how many machines he would be using. Mr. Pizzelanti stated he would only be using one machine. Commissioner May asked why he chose the Them-Tec versus the Power-Pak Jr. Mr. Pizzelanti stated the unit has a larger capacity and would be able to handle the volume. Commissioner May asked if there were other crematoriums in the area. Mr. Pizzelanti stated there is one in Azle and south of Fort Worth. Commissioner May asked Mr. Pizzelanti if he has ever worked with this type of business before or will this be the first time. Mr. Pizzelanti stated he has worked with a pet crematorium while in college. Commissioner May asked how the ashes will be disposed. Mr. Pizzelanti stated they would be taken to East Texas where they have a ranch and will accept the ashes. Commissioner May asked how his hours of operation will work for the time he is accepting specimens and when he will be burning. Mr. Pizzelanti stated he will have office hours in the morning and the burning will take place in the afternoon. As the business grows the hours of operation would change to a 9:00 A.M. to 5:00 P.M. Planning and Zoning Commission Minutes Page 17 October 15, 2002 Mike Collins, responded to clarify the hours of operation. The Environmental Quality Commission establishes the permit requirements with which to operate the equipment. They will establish the maximum number of hours per day the machine can be in operation. That number of hours can be used at any time during the day. Commissioner May asked what the term of the lease is for and what name the lease is under. Mr. Pizzelanti stated the lease is for one-year contingent with a five-year option and is under his name. Commissioner May asked what pathological on the first machine mentioned was for. Mr. Pizzelanti stated it was a medical term they use. Mike Collins asked Mr. Pizzelanti if he would be accepting any pathological specimens from the clinics. Mr. Pizzelanti stated he would only be disposing of the animals. Vice Chairman Grove asked for clarification on the two machines he has shown. Mr. Pizzelanti stated the first machine proposed is smaller and based on what he was wanting to do he needed to step up to the next bigger model. Mike Collins asked Mr. Pizzelanti for clarification of which machine he is proposing to use. Mr. Pizzelanti stated that with the committee's approval he would like to use the Therm-Tec unit. Commissioner Hughes asked how the computer controlled system processes. Mr. Pizzelanti stated the system monitors the amount of refuse with sensors to determine how much flame it needs to burn and is being monitored throughout the whole process. Commissioner Hughes stated that one of the stipulations for approval is for a second power source to be available in case of a power outage. Commissioner Hughes asked what was Mr. Pizzelanti's contingency on the second power source. Mr. Pizzelanti stated he would purchase a portable generator if necessary. Commissioner Huffman asked if he would be advertising to pet owners and if there would be any deliveries from private pet owners coming to his front door with dead animals. Mr. Pizzelanti stated the material would be presented to the veterinarian clinic who in turn will present this to the pet owner if they are requesting private cremation. He will pick the animals up from the clinics and then would return the ashes to either the clinic or directly to the pet owner. Chairman McNeese asked Mr. Hagar what his actions would be to any violations of smoke and odor emitting from this facility. Mr. Hagar stated that he would be given a warning and if it continues he would revoke his lease. Chairman McNeese stated he did not feel this was the best and highest use for this property. Commissioner Tarin made a motion to approve case #02-12-SUP with the following conditions: 1)tied to Mike Pizzelanti, dba/All Paws Go to Heaven; 2)tied to period of lease; 3) All activities confined within the interior of the lease space; 4) No specimens allowed to be on the premises more than 24 hours; 5)All animals awaiting cremation to be held in freezers; 6) Hours of operation of the cremation process be Monday through Planning and Zoning Commission Minutes Page 18 October 15, 2002 Friday 9:00 a.m.-3:00 p.m. and Saturdays, 9:00 a.m. to noon; 7)An emergency secondary power source be provided; 8) Owner will report any violations or enforcement actions taken by any state or federal agencies regarding operation of"All Paws"; 9) No direct drop off; and 10) tied to the current manager of facility, David Hagar. Commissioner Deithloff seconded the motion. The vote was as follows: Ayes: Vice Chairman Grove, Commissioners Tarin, Huffman, Hughes, Deithloff and May Nays: Chairman McNeese Abstention: None The motion carried (6-1-0). Mike Collins asked for clarification on the intent of the commission to limit the operation of the cremation process for the days and times listed in the conditions. Vice Chairman Grove made a motion to reconsider the previous motion. Commissioner Hughes seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Tarin, Huffman, Hughes, Deithloff and May Nays: None Abstention: None The motion carried (7-0-0). Vice Chairman Grove made a motion to approve case#02-12-SUP with the previous conditions mentioned striking #6. Commissioner Hughes seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Tarin, Huffman, Hughes, Deithloff and May Nays: None Abstention: None The motion carried (7-0-0). ITEM 9 REPORTS There were no reports. ITEM 10 DIRECTOR'S REPORTS There were no reports. Nommmili Planning and Zoning Commission Minutes Page 19 October 15, 2002 There being no further business the meeting was adjourned at 9:10 p.m. i /l-5--zoo Z Cmn cNe'l" ese r Date I i