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HomeMy WebLinkAbout2005-03-15 PLANNING AND ZONING March 15, 2005 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Chairman Richard McNeese at 6:30 p.m. for consideration of scheduled items in the Council Chambers in City Hall of the Municipal Complex. Chairman Richard McNeese stated there was a quorum of members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT: Chairman Richard McNeese George Zahn Vice Chairman Mike Grove Monty Huffman LuAnn Portugal Perry Bynum 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 Charles Anderson, Fire Inspector Karla Dickerson, Administrative Secretary VISITORS: Terry Penn, Bill Thomson, Zack Penn, Jim Sanders THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Vice Chairman Grove and Invocation was given by Commissioner Bynum. ITEM 1 APPROVAL OF MINUTES for called meeting of March 1, 2005 Commissioner May made a motion to approve minutes for called meeting of March 1, 2005. Commissioner Portugal seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (6-0-0). Planning and Zoning Commission Minutes Page 2 March 15, 2005 ITEM 2 CASE #05-01-FP — CONSIDER A FINAL PLAT Consider a request for a Final Plat changing A.M. Downen Survey, A-415, Tract 3F to Wilshire Village Shopping Center Addition, Lot D. This property is located at 1500 W. Euless Blvd. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The action requested is to approve a final plat changing the A.M. Downen Survey, A- 415, Tract 3F to W ilshire Village Shopping Center Addition, Lot D. This property is located on the northeast corner of Euless Blvd. and frontage on Wilshire Dr. The Development Review Committee has determined the final plat is in substantial compliance with the application requirements and recommends approval. There was no discussion among the commissioners. Commissioner Huffman made a motion to approve case #05-01-FP. Commissioner May seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (6-0-0). ITEM 3 CASE #04-17-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 Morrisdale Addition, Block 1A, Lot 1R, for a Funeral Chapel in C-2 (Community Business District) zoning, and consider a recommendation regarding an Ordinance. This property is located on 4323 W. Pipeline Rd. Chairman McNeese opened the public hearing. Eric Wilhite, Planning and Development Manager, gave a brief overview of the case. The applicant, Mr. Jim Sanders, is requesting approval of a Specific Use Permit to operate a funeral home located at 4323 W. Pipeline Rd. in a commercial strip center zoned C-2. Mr. Sanders represents that the establishment will be primarily engaged in providing more affordable funeral services in a small 800 square foot suite space located in the strip center. The suite is located towards the west end of the strip center. Staff has reviewed the application in regards to conditions of a Specific Use Permit Planning and Zoning Commission Minutes Page 3 March 15, 2005 approval and has also reviewed several state regulations that are administered through the Texas Funeral Commission. Staff is recommending approval of the SUP with the following conditions: 1)Tied to the owner, Mr. James Sanders, 2)Chemical storage be kept to a maximum of 5 gallons, 3)Odors are not permitted to be detectable outside of the suite, 4)Rear of building must be used in the transfer of bodies, and 5)Valid for 6 months. These conditions were based on the review of the Fire Marshal and the Planning and Development Department. Chairman McNeese asked for the applicant or representative to come forward for comments. The applicant stated he was there to answer any questions. Chairman McNeese asked for any proponents to come forward for comments. Chairman McNeese read a response that was received in the mail from Connie Wilson, Kwik Kopy Printing, 4325 W. Pipeline Rd., Euless, TX that stated she approved of the request. Chairman McNeese asked for any opponents to come forward for comments. Mark Surreay, 1101-1105 Arwine Ct., Euless, TX stated he was the owner of the business behind the strip center and was concerned with this type of business being located i n the area, I arge t rucks making deliveries and concerns about parking. M r. Surreay stated he felt there were better uses for this location than what is being proposed. Chairman McNeese closed the public hearing. Commissioner May asked Mr. Sanders how his discount business will compare to the other funeral home services. Mr. Sanders stated he will be providing the same services a funeral home provides except the services will be held in the clients church or graveside services. Mr. Sanders stated it would be 40-60% less that what other funeral home services charge. Commissioner May asked Mr. Sanders what his prior experience was for this type of business. Mr. Sanders stated he had worked the past 17 years as a funeral director with Lucas Funeral Homes. Commissioner May asked Mr. Sanders if there were similar type of funeral home services such as he is proposing in the area. Mr. Sanders stated there were three in Tarrant County, one in Arlington and another in Ft. Worth. Commissioner May asked Mr. Sanders how many funerals he expects to hold per year. Mr. Sanders stated approximately 75-100 per year starting. Commissioner May asked Mr. Sanders if he could answer the concerns that Mr. Surreay voiced. Mr. Sanders stated they would picking up the caskets from the Planning and Zoning Commission Minutes Page 4 March 15, 2005 company and transporting them in a suburban so there would be no large delivery trucks coming to the location. There is also a privacy fence between the strip center and the business that is located directly behind the center. Commissioner M ay a sked M r. S antlers w hat would the h ours o f o peration b e for h is business. Mr. Sanders stated the hours for public would be from 8:00am to 5:00pm. Commissioner Bynum asked Mr. Sanders what type of transport will be used for the caskets to the services and if there would be a large group leaving from this location going to where the services are being held. Mr. Sanders stated they would have the body and flowers already at the church so their transport would be the only vehicle leaving from this location. Commissioner Bynum asked Mr. Sanders if he felt there could be any potential problem with the other tenants smelling any odors from his business. Mr. Sanders stated there should be no odors emitting from the bodies and the bodies would not be at this location for more than one day. Commissioner Portugal asked Mr. Sanders why he decided on this location. Mr. Sanders stated this was a good location for this particular area and for the public he would be serving. Commissioner Portugal stated she understood Mr. Sanders would be sending most of the bodies out to be processed before receiving them but he would choose to process some at this location and wanted to know why he would be processing some of them at this location. Mr. Sanders stated the reason he was sending most of them out for processing is because he would not be able to handle everything by himself at all hours of the day and night so he will be using a traditional embalming service. Commissioner Huffman asked Mr. Sanders if the caskets will be delivered in the rear of the building. Mr. Sanders stated all caskets and bodies will be d elivered in the rear where he will be widening the door and putting up screening panels so it will not be intrusive for anyone to be able to see what is being delivered. Chairman McNeese asked Mr. Sanders how the viewing of the bodies would be handled. Mr. Sanders stated the viewing would be during the evening hours by family members and close friends only. Chairman McNeese asked Mr. Sanders how many people he expects to attend these viewing at any given time. Mr. Sanders stated he did not expect to have over 25 people. Chairman McNeese asked staff if there had ever been any problems in the past with parking issues. Mike Collins, Director of Planning and Development, stated there have been worship related tenants at this location that would have approximately 30-35 Planning and Zoning Commission Minutes Page 5 March 15, 2005 people there at any time and staff has not been contacted regarding problems with any of the traffic or parking issues being a problem. Chairman McNeese asked Mr. Sanders if he was licensed by the state. Mr. Sanders stated he was a licensed funeral director and embalmer by the State of Texas. Chairman McNeese asked Mr. Sanders how often he is monitored by the state. Mr. Sanders stated there is an unannounced visit once a year by the State of Texas. Chairman McNeese asked Mr. Sanders if he would be the one who would be making all the arrangements for the services with the clients. Mr. Sanders stated he would be and the Federal Trade Commission requires him to put out a price list of exactly what the charges would be for the services. Chairman McNeese asked if there would be any other employees working with him. Mr. Sanders stated it would primarily be him at first. His wife will be helping with paperwork and the phones and once the business is established and builds he will bring in another funeral director. Commissioner Bynum made a motion to approve case #04-17-SUP with the following conditions: 1)Tied to the owner, Mr. James Sanders, 2)Chemical storage be kept to a maximum of 5 gallons, 3)Odors are not permitted to be detectable outside of the suite, 4)Rear of building must be used in the transfer of bodies and caskets, and 5)Valid for 6 months. Commissioner May seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Portugal, Bynum and May Nays: Commissioner Huffman Abstention: None The motion carried (5-1-0). ITEM 4 CASE #05-02-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 Williamsburg Addition, Block 1, Lot 1, from C-1 (Neighborhood Business District) zoning to R-1 L (Single Family Limited Dwelling District) zoning and consider a recommendation regarding an Ordinance. This property is located on 400 block Bear Creek Drive. Chairman McNeese opened the public hearing. Planning and Zoning Commission Minutes Page 6 March 15, 2005 Mike Collins, Director of the Planning and Development, gave a brief overview of the case. The applicant, Key Life Homes, requesting a zone change for a 5.48 acre parcel that is currently zoned C-1. This property is located on the northeast corner of Mid- Cities Blvd. and Bear Creek Dr. south of the Bear Creek Elementary School. The property that is subject of the zone change request at least as far back as 1996 has been zoned commercial. Specifically in 1996 the property was zone C-1 as part of the city wide comprehensive zone change that occurred in and around that period of time. Staff is recommending that the zone change be denied based on a long term perspective that although the current market would support residential development that commercial zoning status be retained for future commercial development opportunity at that location. Chairman McNeese asked for the applicant or representative to come forward for comments. Jackie Fluitt, GSWW Engineering, 3950 Fossil Creek Blvd., Ft. Worth, stated he was representing Key Life Homes and are requesting this zone change to residential. The current property owner has owned this property over the past 10 years and has marketed this property as commercial and has had no success. Mr. Penn has just developed the property to the west with a good product and would like to develop this property with the same product. Chairman McNeese asked for any proponents to come forward for comments. Terry Penn, 500 Towne Cove, Irving, TX, apologized to the commissioner for all the trees that had to be taken down on the property to the west for the residential development that was taking place at this time. Mr. Penn stated he could not believe that staff was recommending denial of this zone change because he feels this property would be better used as residential since no commercial proposal has ever been made for this property. Mr. Penn stated they would like put 25 homes on this property and help bring in a tax base of approximately 5-5 '/2 million dollars. Chairman McNeese asked for any opponents to come forward for comments. Seeing none the public hearing was closed. Commissioner Bynum asked staff if the property was zoned C-1 or C-2 at the time the property owner purchased the property. Eric Wilhite, Planning and Development Manager, stated the zoning maps indicate the property zoned commercial but we are not sure when Mr. Rose purchased the property. Commissioner Bynum stated he felt the best use for this property would be commercial. Vice Chairman Grove stated he strongly agreed with the proposal for residential use. Planning and Zoning Commission Minutes Page 7 March 15, 2005 Commissioner Portugal stated she does see this as being good for residential use. Commissioner Portugal asked Mr. Penn what price range would be proposed. Mr. Penn stated the homes would range from $200,000 to $250,000. Commissioner Huffman asked what the price range was for the existing homes in the area surrounding this property. Eric Wilhite, Planning and Development Manager, stated the new homes being built in Little Bear Estates are being appraised at approximately $80-$90 a square foot. Vice Chairman Grove made a motion to approve case #05-02-ZC. The motion failed with no second. Commissioner May made a motion to deny case #05-02-ZC. Commissioner Huffman seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Commissioners Huffman, Portugal, Bynum and May Nays: V ice Chairman Grove Abstention: None The motion carried (5-1-0). ITEM 5 REPORTS There were no reports. ITEM 6 DIRECTOR'S REPORT There were no reports. There being no further business the meeting was adjourned at 7:20 p.m. /, 9'1.3 ??ziL,---e— c S C irman cNeese Date