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HomeMy WebLinkAbout2004-04-06 PLANNING AND ZONING April 6, 2004 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Acting Chairman George Zahn at 6:30 p.m. for consideration of scheduled items in the Council Chambers in City Hall of the Municipal Complex. Acting Chairman George Zahn stated there was a quorum of members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT: Acting Chairman George Zahn Chairman Richard McNeese Monty Huffman Vice Chairman Mike Grove LuAnn Portugal Perry Bynum Tony May Mike Collins, Director of Planning and Development Eric Wilhite, Planning and Development Manager Ron Young, Director of Public Works Robert Barker, City Engineer Paul Smith, Fire Marshal Karla Allen, Administrative Secretary VISITORS: Trent Harmon, Auto Buyers of Texas; Kay Simpson, Furniture Consignment; David Hager, Texas Star Business Centre; Lanette Hosey; Robin Hosey Tusa; and others not listed on Visitors' register. THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Portugal and Invocation was given by Commissioner Huffman. ITEM 1 APPROVAL OF MINUTES for called meeting of March 16, 2004 Commissioner Huffman made a motion to approved minutes for called meeting of March 16, 2004. Commissioner Portugal seconded the motion. The vote was as follows: Ayes: Acting Chairman Zahn, Commissioners Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (5-0-0). ITEM 2 CASE #04-02-PP — CONSIDER A PRELIMINARY PLAT Planning and Zoning Commission Minutes Page 2 April 6, 2004 Consider a request for a PRELIMINARY PLAT changing Levi Franklin Survey, A-513, portion of Tract 2E. This property is located at Baze Road and Mid-Cities Blvd. Eric Wilhite, Planning and Development Manager, gave a brief overview of the case. This case is a Preliminary Plat changing Levi Franklin Survey, A-513, portion of Tract 2E, located on Baze Rd. and Mid-Cities Blvd. This is a 7.51 acre site that will preliminary plat a 21 residential lots and one commercial lot. The Development Review Committee has determined the application is in substantial compliance and recommends approval. There was no discussion among the commissioners. Commissioner May made a motion to approved case #04-02-PP. Commissioner Huffman seconded the motion. The vote was as follows: Ayes: Acting Chairman Zahn, Commissioners Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (5-0-0). ITEM 3 CASE #04-03-PP — CONSIDER A PRELIMINARY PLAT Consider a request for a PRELIMINARY PLAT changing Solomon Huitt Survey, A-705, Tracts 6C1 and 6C2 to Harwood Crossing Subdivision, Block 1, Lots 4 & 5. This property is located at N. Main St. Eric Wilhite, Planning and Development Manager, gave a brief overview of the case. The applicant, Mary Shepherd, is requesting approval of a preliminary replat of a 2.40 acre tract. The property is located on N. Main St. that will be creating two lots. The front lot will be developed with a 7,000 square foot professional office building and the back remaining 1.15 acres will remain undeveloped at this time. The Development Review Committee has determined that the application is in substantial compliance and recommends approval. There was no discussion among the commissioners. Commissioner Bynum made a motion to approve case #04-03-PP. Commissioner Portugal seconded the motion. The vote was as follows: Ayes: Acting Chairman Zahn, Commissioners Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (5-0-0). Planning and Zoning Commission Minutes Page 3 April 6, 2004 ITEM 4 CASE #04-03-FP — CONSIDER A FINAL PLAT Consider a request for a FINAL PLAT changing James P. Hallford Survey, A-711, Tract 1M1B1 to Euless Jr. High Addition, Block A, Lot 1. This property is located at 304 Huffman Dr. Eric Wilhite, Planning and Development Manager, gave a brief overview of the case. The applicant, Hurst-Euless-Bedford Independent School District, is requesting approval of a Final Plat for a 17.93 acre tract of land. In 1999 there were several expansions and renovations that were conducted on the property and the school district would like to bring this property into compliance by completing the platting process. The Development Review Committee has determined that this Final Plat is in substantial compliance and recommends approval. There was no discussion among the commissioners. Commissioner Huffman made a motion to approve case #04-03-FP. Commissioner Bynum seconded the motion. The vote was as follows: Ayes: Acting Chairman Zahn, Commissioners Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (5-0-0). ITEM 5 CASE #04-04-FP — CONSIDER A FINAL PLAT Consider a request for a FINAL PLAT changing John A. Groves Survey, A-599, Tracts 1 A02B & 1A03 to Raider Place Addition, Block A, Lots 1-4. This property is located at 1109 Raider Dr. Eric Wilhite, Planning and Development Manager, gave a brief overview of the case. The applicant, Concrete Investments, also known as Superior Concrete, is requesting approval of a F inal P lat for a .65 acre portion I ocated along D avid D rive t o c reate 4 single family residential R-1 L lots. The applicant has elected to use an Irrevocable Letter of Credit in order to establish credit for those monies to complete the public improvements on these lots. The application is in substantial compliance and staff recommends approval. There was no discussion among the commissioners. Commissioner Bynum made a motion to approve case #04-04-FP. Commissioner Portugal seconded the motion. The vote was as follows: Ayes: Acting Chairman Zahn, Commissioners Huffman, Portugal, Bynum and May Planning and Zoning Commission Minutes Page 4 April 6, 2004 Nays: N one Abstention: None The motion carried (5-0-0). ITEM 6 CASE #04-06-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 1-R, for a MOTOR VEHICLE DEALERSHIP in 1-2 (Heavy Industrial District) zoning, and consider a recommendation regarding an Ordinance. This property is located on 1205 Texas Star Parkway, Suite 130. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The case is for consideration of a Specific Use Permit that would allow the operation of a motor vehicle d ealership a t the Texas S tar B usiness Park, S uite 1 30. This site i s located south of Hwy 10 on the east side of Texas Star Parkway across from the Texas Star Golf Course. The prospective buyers typically make an appointment for the viewing and test driving of the vehicles. No more than fifteen (15) vehicles will be kept in the warehouse showroom at any one time. No onsite repairs will be made to the vehicles. There will be no outdoor display or storage of the vehicles. Acting Chairman Zahn opened the public hearing. Acting Chairman Zahn asked for the applicant o r representative to come forward for comments. David Hagar, 1205 Texas Star Parkway, owner Texas Star Business Center, stated he has his own set of rules and regulations for the Business Center which are strictly enforced along with city ordinances. They have had discussions with the Fire Marshal and have addressed their issues with the building. John Harmon, 3756 Oak Cove Ln., Bedford, owner of Auto Buyers of Texas, stated he has been in the car business for approximately 10 years. He stated his business is run by appointment only from the internet and through referrals. His desire is to have the warehouse s o he can keep his vehicles c lean a nd safe from outdoor e lements. M r. Harmon chose this facility because of the clean surroundings. There will be no onsite repairs of vehicles or advertising on vehicles outside at any time. Acting Chairman Zahn asked for any proponents/opponents to come forward for comments. Seeing none the public hearing was closed. Commissioner Bynum asked M r. Harmon how h e would handle a problem if he was showing a vehicle and it would not start. Mr. Harmon stated he would first try to jump start the vehicle. If that did not work he would have the vehicle towed to a repair shop Planning and Zoning Commission Minutes Page 5 April 6, 2004 for repairs. He will not have a mechanic on site due to having no repairs taking place on site. Commissioner Huffman asked Mr. Harmon what was the average age of the vehicles he will be selling. Mr. Harmon stated he would be dealing with vehicles from 1998 and above. He tries to deal in low mileage and clean vehicles that do not need repairs or reconditioning. Commissioner May made a motion to approve case #04-06-SUP with the following conditions: 1)Tied to Auto Buyers of Texas, Mr. John Harmon owner; 2) tied to term of lease three years; 3)no outside storage or display of vehicles or advertising on premises; 4)no repair or mechanical work completed on vehicles; and 5)no more than five (5) gallons of fuel stored per individual vehicle. Commissioner Huffman seconded the motion. The vote was as follows: Ayes: Acting Chairman Zahn, Commissioners Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (5-0-0). ITEM 7 CASE #04-07-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 Dorris Subdivision, Block 1, Lot 1, for a MISC. RETAIL STORE in C-1 (Neighborhood Business District) zoning, and consider a recommendation regarding an Ordinance. This property is located on 501 N. Main St. #105-107. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The applicant is proposing to operate a furniture consignment business at 501 N. Main St. Suites 105 and 107 in the Midway Square Shopping Center. The Standard Industrial Classification manual used to establish whether or not the proposed land use is permitted by right or requires a specific use permit categorizes this as a furniture consignment in C-1, which requires a specific use permit. Acting Chairman Zahn opened the public hearing. Acting Chairman Zahn asked for the applicant o r representative to come forward for comments. Kay Simpson, 7621 Nightfall Dr., Denton, owner of Furniture Consignment, stated the merchandise they deal in comes from families that either have had parents or grandparents who have passed on or been moved to nursing homes, and did not want to sell the furnishings themselves through an estate sale. Ms. Simpson passed out pictures showing the type and quality of merchandise they sell through consignment. Planning and Zoning Commission Minutes Page 6 April 6, 2004 The furnishings must meet certain criteria before they will accept it for the store, in order to keep good quality merchandise that will sell. Acting Chairman Zahn asked for any proponents/opponents to come forward for comments. Seeing none the public hearing was closed. Commissioner Huffman stated he was satisfied with the quality of the merchandise after viewing the pictures supplied by Ms. Simpson. Commissioner Huffman asked if this was the only store in operation at this time. Ms. Simpson stated she was in Irving previously for approximately five (5) years. Commissioner Portugal asked Ms. Simpson how long they keep the consignment and if there was a turn around time. Ms. Simpson stated there was a 60 day contract. After that time the customer has the option to pick up the item. If it is not picked up Ms. Simpson with either donate the merchandise or reduce the price by half. Ms. Simpson stated they have donated many items for Abused Children Shelters. Ms. Simpson stated the consigner will receive the donation slip if the item is donated. She also has someone that picks up the items that are for donation and delivers them for her. Commissioner Bynum asked Ms. Simpson if there would be a problem if the Specific Use Permit was for less than five (5) years. Ms. Simpson stated there would not be a problem. Commissioner Bynum asked Ms. Simpson if there has ever been an issue with having too much stock on hand. Ms. Simpson stated they circulate the merchandise frequently so customers will come back to see new items. They do try to keep the items to a minimum so there is ample space for the merchandise. Commissioner May asked Ms. Simpson if she had any other additional storage space where she kept other merchandise. Ms. Simpson stated she did not. Commissioner May asked what the size of the suite was she would be occupying. Ms. Simpson stated it was 5,200 square feet. Acting Chairman Zahn stated his questions were answered regarding what happened to the items when they did not sell. Acting Chairman Zahn read two written comments for approval of the case that were received by the city. Commissioner Bynum made a motion to approve case #04-07-SUP with the following conditions: 1)tied to Brenda Moore and Kay Simpson, owner and operator of the business; and 2)valid for two (2) years. Commissioner May seconded the motion. Ayes: Acting Chairman Zahn, Commissioners Huffman, Portugal, Bynum and May Nays: N one Abstention: None Planning and Zoning Commission Minutes Page 7 April 6, 2004 The motion (5-0-0). Acting Chairman Zahn stated they would be taking a five minute recess at 7:05 p.m. Acting Chairman Zahn reconvened the meeting at 7:10 p.m. ITEM 8 CASE #04-02-PD — HOLD PUBLIC HEARING REGARDING A PLANNED DEVELOPMENT AND CONSIDER A RECOMMENDATION REGARDING AN ORDINANCE Receive public input regarding a request for a PLANNED DEVELOPMENT of Arnett Addition, Block 2, Lot 24, from R-1 (Single Family Detached Dwelling District) zoning to PD (Planned Development) based on R-1 zoning and consider a recommendation regarding an Ordinance. This property is located at 300 S. Main St. Mike Collins, Director of Planning and Development, gave a brief overview of the case. This case is a Planned Development zone change located at 300 S. Main St. The applicant, Lone Star Home Loan, is requesting consideration to change zoning of a parcel from R-1 zoning to a Planned Development, which would enable the applicant to operate a Mortgage business from this site. The nature of the mortgage business is conducted through the internet and phone. The customers they deal with rarely travel to their office. They do not conduct closings. They are currently operating in an office located on N. Main St. It is their desire to purchase this structure, that is currently being used as a residence, for their business. The applicant is proposing additional parking in the rear and in order to meet ADA requirements, in the front of the property. They will also place a monument sign that would front Main St. in accordance with the Main Street Sign ordinance. Acting Chairman Zahn opened the public hearing. Acting Chairman Zahn asked for the applicant o r representative to come forward for comments. The applicant or representative was not present at the meeting. Acting Chairman Zahn asked for any proponents to come forward for comments. Seeing none, Acting Chairman Zahn asked for any opponents to come forward for comments. Lanette Hosey, 103 Arnett Dr., Euless, stated they had been in their home for 31 years and did not want to see this residential property turned into commercial. She stated they were very concerned about the pool that was in the back yard since there would be no one on site during the evening and weekend hours. Ms. Hosey stated she felt there were plenty of other sites that are designated for commercial use they could locate to other than an established residential area. Planning and Zoning Commission Minutes Page 8 April 6, 2004 Robin Hosey Tusa, 705 Brownstone, Euless, stated she was very concerned about children getting into the pool when the business is closed. She also stated they could not see how they could possibly park four additional vehicles in the rear of the property. Jack Rose, 212 S. Main St., Euless, stated he was concerned about the pool. Mike Collins, Director of Planning and Development, stated staff has discussed this issue with the applicant and would evaluate any complaints regarding health violations or police issues in one year to see if the applicant would need to empty the pool or permanently rid the property of the pool. Acting Chairman Zahn closed the public hearing. Commissioner May asked the City Engineer if he felt there would be any problem with the proposed parking. Robert Barker, City Engineer, stated he had not seen the dimensions to know what the radius would be in order to allow proper turning. He stated there should not be any additional problems with the existing parking in the rear for runoff drainage. The proposed parking in the front should not create any problems with runoff drainage. Commissioner Bynum asked staff to answer the question about the expansion of future business development on S. Main St. Mike Collins stated the current zoning along S. Main St. does not allow this type of business and that this applicant has been one of multiple prospective business owners that have wanted to locate on S. Main St. It has not been decided what the future business development would be for S. Main St. The City Council has asked the City Manager to prepare a draft zoning district ordinance for the S. Main Street area and bring it forward for discussion. Commissioner Bynum asked Mr. Rose if his question had been answered. Mr. Rose stated i t had, but had a q uestion a bout why t his b usiness would n eed the a dditional parking. Mike Collins advised Mr. Rose it was required under the parking regulations for the square footage of the building and to meet ADA requirements they must locate a parking space in the front. Commissioner May stated that because there might have been an emergency of some kind, he would like to table the case to allow the applicant the opportunity at the next meeting to come before the commission. Acting Chairman Zahn allowed Ms. Sparks, owner of 300 S. Main St., to come forward and address the commission. Beth Sparks, 300 S. Main St., Euless, stated there was ample parking in the rear of the home. They currently have four vehicles parked there in use and there is a six foot wood fence surrounding the pool area with the self locking latches that are required. They were also concerned about a business moving into the home but did research the applicant to make sure the business would not be a disruption to the residential area Mike Collins asked Commissioner May what additional information he was looking for from the applicant. Commissioner May stated he wanted to know how many employees would be parking at the facility. Planning and Zoning Commission Minutes Page 9 April 6, 2004 Acting Chairman Zahn stated that the applicant has had the same notice, if not more notice of the meeting, and believed that if the other people took the time to attend the meeting, he felt an action should be taken tonight. Commissioner May made a motion to table case #04-02-PD. The motion failed due to the lack of a second. Commissioner Bynum made a motion to deny case #04-02-PD. Commissioner Huffman seconded the motion. The vote was as follows: Ayes: Acting Chairman Zahn, Commissioners Huffman, Portugal, Bynum Nays: Commissioner May Abstention: None The motion carried (4-1-0). ITEM 9 REPORTS There were no reports. ITEM 10 DIRECTOR'S REPORT There were no reports. There being no further business the meeting was adjourned at 7:42 p.m. C man M Neese Date Y