Video index
Roll call (10 Present, 0 Absent, 0 Excused)
A. WORK SESSION AGENDA:
(1) Discuss agenda items.
(2) Update Commission regarding possible zoning change for two parcels north of First National Bank.
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
Chairperson Dewberry informed the Commission that they reconvene the work session directly following the Planning & Zoning Commission meeting to discuss item number two on the agenda (to update the Commission regarding possible zoning change for two parcels north of First National Bank).
D. CALL TO ORDER.
Chairperson Dewberry called the meeting to order at 7:00 pm and noted for the record that seven (7) Commissioners were present.
E. CONSENT AGENDA ITEMS:
(3) Approval of the Minutes for the Regular Meeting on April 10, 2012.
Minutes for the Regular Meeting on April 10, 2012
(4) Approval of the Minutes for the Regular Meeting on April 24, 2012.
Minutes for the Regular Meeting on April 24, 2012
Motion to Approve to approve the Minutes for the Regular Meeting on April 10 2012 & April 24, 2012 with modifications noted during the work session. Moved by Commissioner Dick North, seconded by Commissioner Scott McDonald.
Vote to Approve to approve the Minutes for the Regular Meeting on April 10 2012 & April 24, 2012 with modifications noted during the work session. (Approved)
Ayes: North, Chambers, May, McDonald, Dewberry, Jones, Williams
Nays: None
F. PUBLIC HEARING:
(5) Consider Case Z-1232-12; a Specific Use Permit to allow a Used Auto Dealership at 1380 Marilyn Avenue. The property in question consists of 1 lot and 0.8264 acres. The applicant is Ben Saber.
Management Report for Case Z-1232-12
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for Case Z-1232-12.
Chairperson Dewberry asked the Commission if there were any questions of staff.
Commissioner Jones asked Mr. Vatthauer if repair work would be performed at the proposed site.
Mr. Vatthauer stated that the applicant would be best suited to address the question asked by Commissioner Jones.
Staff discussed the opposition letter received from property owners within 200 ft.
Chairperson Dewberry asked the Commission if there were any other questions of staff. There being no response, he opened the public hearing and asked the applicant to come forward to address the Commission.
Mr. Ben Saber, of 1305 Cartwright Drive, Cedar Hill, came forward to address the Commission. He informed the Commisison that he was available to answer questions.
The Commission and Mr. Saber discussed the process of repairing vehicles at one site in Lancaster and selling vehicles at the proposed site.
Chairperson Dewberry asked the Commission if there were any other questions for Mr. Saber.
Commisisoner Chambers asked about the type of doors proposed for the west side of the building.
Mr. Saber informed the Commission that the proposed doors for the west side of the building are roll-up type doors. He also stated that vehicles would be displayed indoors in the display area.
Chairperson Dewberry asked about the type of roofing material that would be used on the building.
The Commission and the applicant discussed the type of material that would be allowed for the roof. They concluded that if metal roofing material was used then the material should be a standing seam metal roof and corrugated roof would not be permitted.
Chairperson Dewberry asked the Commission if there were any other questions or discussion for the applicant.
Vice Chairperson Williams asked Mr. Saber to explain how vehicles would be seen from the showroom.
Mr. Saber informed the Commission that most of the vehicles would be displayed in the parking area outdoors.
Vice Chairperson Williams asked Mr. Saber how many parking spaces are proposed for the parking lot.
Mr. Saber informed the Commission that 30 to 35 parking spaces are proposed for the parking lot.
Chairperson Dewberry asked the Commission if there were any additional questions. Hearing no response, he asked if there was anyone in the audience that would like to address the Commission either in favor of or in opposition to case Z-1232-12.
Mr. Jerry Caldwell, of 1013 Fairhaven Drive, Garland, came forward to express his concerns about the proposed used car sales business. He informed the Commission that he would propose an 8 foot screening wall to separate the proposed use and his three lots fronting I-35 E.
Commissioner McDonald asked Mr. Caldwell about his request to separate his lots from the proposed used car lot.
The Commission and staff discussed the requirement and need for a screening wall to separate the proposed use and the three lots fronting I-35 E.
Chairperson Dewberry asked the Commission if there were any other questions or discussion. There being no response, he closed the public hearing and asked the Commission for a motion.
Motion to Approve to Approve Case Z-1232-12; a Specific Use Permit to allow a Used Auto Dealership at 1380 Marilyn Avenue. Moved by Commissioner Reginald Jones, seconded by Commissioner April May.
Vote to Approve to Approve Case Z-1232-12; a Specific Use Permit to allow a Used Auto Dealership at 1380 Marilyn Avenue. (Approved)
Ayes: North, Dewberry, Jones, Williams, May, Chambers, McDonald
Nays: None
with the following stipulations:
1. On site auto repairs shall not be permitted.
2. Corrugated metal roofing shall not be permitted. If a metal roof, it must be standing seam metal.
(6) Consider Case Z-1241-12; an amendment to the Zoning Ordinance to revise Section 36 - Use Regulations; Section 38 - Off-Street Parking & Loading; and Section A-3 Definitions relating to the use "Funeral Home/ Mortuary".
Management Report for Case Z-1241-12
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for Z-1241-12.
Chairperson Dewberry asked the Commission if there were any questions of staff.
Commissioner Chambers asked Mr. Vatthauer if the use "Funeral Home/Mortuary" would remain in General Retail zoning, as well as Mixed Use 1 & 2 (MU-1 & MU-2) and Commercial Districts 1 & 2 (C-1 and C-2).
Mr. Vatthauer informed the Commission that the decision to consider leaving the zoning districts for "Funeral Home/Mortuary use as they exist would be up to the Planning & Zoning Commission.
Chairperson asked the Commission if there were any additional questions or comments for staff. There being no response, he opened the public hearing and asked if there was anyone in the audience that wished to address the Commission either in favor of or in opposition to Case Z-1241-12. Hearing no responses, he closed the public hearing and asked the Commission if there was any discussion on the issue.
The Commission, staff and Ms. Julie Pandya, Asssistant City Attorney discussed the proposed changes to increase the amount of parking for Funeral Home/Mortuary use. They also discussed voting twice, one vote to leaving the existing use chart alone and a second vote for parking requirements.
Motion to Approve to Approve Part 1 of Case Z-1241-12; no changes to the existing use chart for Funeral Home/Mortuary use. Moved by Commissioner Scott McDonald, seconded by Commissioner Dick North.
Vote to Approve to Approve Part 1 of Case Z-1241-12; no changes to the existing use chart for Funeral Home/Mortuary use. (Approved)
Ayes: North, McDonald, Jones, May, Dewberry, Chambers, Williams
Nays: None
Motion to Approve to Approve Part 2 of Case Z-1241-12; change the parking requirement for Funeral Home/Mortuary to one (1) parking space for each employee, plus one (1) parking space for each 300 square feet or portion thereof of the buildings total square footage used for offices and waiting/seating areas, and 1 parking space for each three seats under maximum seating in each room used for services, public viewing, or other rooms used for similar purposes. Moved by Commissioner Reginald Jones, seconded by Vice Chairperson Roosevelt Williams.
Vote to Approve to Approve Part 2 of Case Z-1241-12; change the parking requirement for Funeral Home/Mortuary to one (1) parking space for each employee, plus one (1) parking space for each 300 square feet or portion thereof of the buildings total square footage used for offices and waiting/seating areas, and 1 parking space for each three seats under maximum seating in each room used for services, public viewing, or other rooms used for similar purposes. (Approved)
Ayes: North, Jones, Chambers, May, Dewberry, Williams
Nays: McDonald
(7) Consider Case Z-1242-12; an amendment to the Zoning Ordinance to add the new & unlisted use "Firewood Sales" and determine the zoning districts in which this use should be allowed. The proposed changes would amend Section 36 - Use Regulations; Section 38 - Off-Street Parking and Loading and Section A-3 Definitions of the Zoning Ordinance.
Management Report for Case Z-1242-12
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for Case Z-1242-12.
Chairperson Dewberry asked the Commission if there were any questions of staff.
Commissioner Williams asked Mr. Vatthauer to clarify the parking requirement for the proposed use "Firewood Sales".
Chairperson Dewberry informed the Commission that whenever a new use is considered parking requirements must be addressed as well.
Chairperson Dewberry asked the Commission if there were any questions of staff. Hearing no response, he opened the public hearing and asked if there was anyone in the audience who wished to address the Commission either in favor of or in opposition to case Z-1242-12.
Mr. Albert Bradford, Jr. of 922 Kirnwood Drive, Dallas, came forward to address the Commission. He gave some history about the firewood business located at 513 N. I-35 E. He also expressed his confusion about the need to classify the use "Firewood Sales". Especially since this type of use has been operating at the same location for approximately 20 years or more.
Chairperson Dewberry asked Mr. Vatthauer to explain how the need to classify the use "Firewood Sales" came about.
Mr. Vatthauer stated that both the property owner and business owner were informed that the use "Firewood Sales" would need to be classified and added to the Zoning Ordinance. He also provided information about the process of classifying uses.
Chairperson Dewberry asked if there was anyone else that wished to speak either in favor of or in opposition to Case Z-1242-12.
Ms. Etoria Polk, of 604 Kelsie Lane, came forward to address the Commission in favor of Case Z-1242.12. She told the Commission that a number of stores and businesses throughout the city sell firewood during the winter months. And, she was confused as to why this particular business needed to be classified.
Chairperson Dewberry informed Ms. Polk that firewood sales is the primary use for the business along I-35, while it is only the secondary and/or seasonal use of stores and other businesses throughout the city. He also explained that all uses in the city must be classified and the firewood sales has yet to be added to the Zoning Ordinance.
Chairperson Dewberry asked if there was anyone else that wished to speak either in favor of or in opposition to Case Z-1242-12.
Ms. Freddie Estes, of 5605 Rocky Ridge Road, Dallas, came forward to speak in favor of Case Z-1242-12. She mentioned that the firewood sales business along I-35 is an asset to the city.
Chairperson Dewberry asked if there was anyone else that wished to speak either in favor of or in opposition to Case Z-1242-12. Hearing no response, he closed the public hearing and asked the Commission if there was any discussion or comments.
The Commission, staff and Julie Pandya, Assistant City Attorney discussed the use "Firewood Sales" and possible zoning districts in which to allow the use.
Commissioner McDonald stated he would support the use "firewood sales" in General Retail (GR) zoning with an Specific Use Permit (SUP).
Chairperson Dewberry asked the Commission if there were any additional discussion. There being no response, he asked the Commission for a motion.
Motion to Approve to approve an amendment to the Zoning Ordinance to add the new & unlisted use "Firewood Sales" and determine the zoning districts in which this use should be allowed. The proposed changes would amend Section 36 - Use Regulations; Section 38 - Off-Street Parking and Loading and Section A-3 Definitions of the Zoning Ordinance. Moved by Commissioner Scott McDonald, seconded by Commissioner Dick North.
with the following stipulations:
(1) Also add the use "firewood sales" in General Retail (GR) zoning with a Specific Use Permit (SUP).
Vote to Approve to approve an amendment to the Zoning Ordinance to add the new & unlisted use "Firewood Sales" and determine the zoning districts in which this use should be allowed. The proposed changes would amend Section 36 - Use Regulations; Section 38 - Off-Street Parking and Loading and Section A-3 Definitions of the Zoning Ordinance. (Approved)
Ayes: North, Chambers, Jones, May, Dewberry, McDonald, Williams
Nays: None
G. REGULAR AGENDA:
(8) No items.
H. ADJOURNMENT.
Chairperson Dewberry reminded the Commission that they are to reconvene the work session directly following the Planning & Zoning Commission meeting.
Being there was no other business; Chairperson Dewberry adjourned the Planning & Zoning Commission meeting at 7:51pm.
May 22, 2012 Planning and Zoning Meeting
Full agenda
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Roll call (10 Present, 0 Absent, 0 Excused)
A. WORK SESSION AGENDA:
(1) Discuss agenda items.
(2) Update Commission regarding possible zoning change for two parcels north of First National Bank.
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
Chairperson Dewberry informed the Commission that they reconvene the work session directly following the Planning & Zoning Commission meeting to discuss item number two on the agenda (to update the Commission regarding possible zoning change for two parcels north of First National Bank).
D. CALL TO ORDER.
Chairperson Dewberry called the meeting to order at 7:00 pm and noted for the record that seven (7) Commissioners were present.
E. CONSENT AGENDA ITEMS:
(3) Approval of the Minutes for the Regular Meeting on April 10, 2012.
Minutes for the Regular Meeting on April 10, 2012
(4) Approval of the Minutes for the Regular Meeting on April 24, 2012.
Minutes for the Regular Meeting on April 24, 2012
Motion to Approve to approve the Minutes for the Regular Meeting on April 10 2012 & April 24, 2012 with modifications noted during the work session. Moved by Commissioner Dick North, seconded by Commissioner Scott McDonald.
Vote to Approve to approve the Minutes for the Regular Meeting on April 10 2012 & April 24, 2012 with modifications noted during the work session. (Approved)
Ayes: North, Chambers, May, McDonald, Dewberry, Jones, Williams
Nays: None
F. PUBLIC HEARING:
(5) Consider Case Z-1232-12; a Specific Use Permit to allow a Used Auto Dealership at 1380 Marilyn Avenue. The property in question consists of 1 lot and 0.8264 acres. The applicant is Ben Saber.
Management Report for Case Z-1232-12
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for Case Z-1232-12.
Chairperson Dewberry asked the Commission if there were any questions of staff.
Commissioner Jones asked Mr. Vatthauer if repair work would be performed at the proposed site.
Mr. Vatthauer stated that the applicant would be best suited to address the question asked by Commissioner Jones.
Staff discussed the opposition letter received from property owners within 200 ft.
Chairperson Dewberry asked the Commission if there were any other questions of staff. There being no response, he opened the public hearing and asked the applicant to come forward to address the Commission.
Mr. Ben Saber, of 1305 Cartwright Drive, Cedar Hill, came forward to address the Commission. He informed the Commisison that he was available to answer questions.
The Commission and Mr. Saber discussed the process of repairing vehicles at one site in Lancaster and selling vehicles at the proposed site.
Chairperson Dewberry asked the Commission if there were any other questions for Mr. Saber.
Commisisoner Chambers asked about the type of doors proposed for the west side of the building.
Mr. Saber informed the Commission that the proposed doors for the west side of the building are roll-up type doors. He also stated that vehicles would be displayed indoors in the display area.
Chairperson Dewberry asked about the type of roofing material that would be used on the building.
The Commission and the applicant discussed the type of material that would be allowed for the roof. They concluded that if metal roofing material was used then the material should be a standing seam metal roof and corrugated roof would not be permitted.
Chairperson Dewberry asked the Commission if there were any other questions or discussion for the applicant.
Vice Chairperson Williams asked Mr. Saber to explain how vehicles would be seen from the showroom.
Mr. Saber informed the Commission that most of the vehicles would be displayed in the parking area outdoors.
Vice Chairperson Williams asked Mr. Saber how many parking spaces are proposed for the parking lot.
Mr. Saber informed the Commission that 30 to 35 parking spaces are proposed for the parking lot.
Chairperson Dewberry asked the Commission if there were any additional questions. Hearing no response, he asked if there was anyone in the audience that would like to address the Commission either in favor of or in opposition to case Z-1232-12.
Mr. Jerry Caldwell, of 1013 Fairhaven Drive, Garland, came forward to express his concerns about the proposed used car sales business. He informed the Commission that he would propose an 8 foot screening wall to separate the proposed use and his three lots fronting I-35 E.
Commissioner McDonald asked Mr. Caldwell about his request to separate his lots from the proposed used car lot.
The Commission and staff discussed the requirement and need for a screening wall to separate the proposed use and the three lots fronting I-35 E.
Chairperson Dewberry asked the Commission if there were any other questions or discussion. There being no response, he closed the public hearing and asked the Commission for a motion.
Motion to Approve to Approve Case Z-1232-12; a Specific Use Permit to allow a Used Auto Dealership at 1380 Marilyn Avenue. Moved by Commissioner Reginald Jones, seconded by Commissioner April May.
Vote to Approve to Approve Case Z-1232-12; a Specific Use Permit to allow a Used Auto Dealership at 1380 Marilyn Avenue. (Approved)
Ayes: North, Dewberry, Jones, Williams, May, Chambers, McDonald
Nays: None
with the following stipulations:
1. On site auto repairs shall not be permitted.
2. Corrugated metal roofing shall not be permitted. If a metal roof, it must be standing seam metal.
(6) Consider Case Z-1241-12; an amendment to the Zoning Ordinance to revise Section 36 - Use Regulations; Section 38 - Off-Street Parking & Loading; and Section A-3 Definitions relating to the use "Funeral Home/ Mortuary".
Management Report for Case Z-1241-12
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for Z-1241-12.
Chairperson Dewberry asked the Commission if there were any questions of staff.
Commissioner Chambers asked Mr. Vatthauer if the use "Funeral Home/Mortuary" would remain in General Retail zoning, as well as Mixed Use 1 & 2 (MU-1 & MU-2) and Commercial Districts 1 & 2 (C-1 and C-2).
Mr. Vatthauer informed the Commission that the decision to consider leaving the zoning districts for "Funeral Home/Mortuary use as they exist would be up to the Planning & Zoning Commission.
Chairperson asked the Commission if there were any additional questions or comments for staff. There being no response, he opened the public hearing and asked if there was anyone in the audience that wished to address the Commission either in favor of or in opposition to Case Z-1241-12. Hearing no responses, he closed the public hearing and asked the Commission if there was any discussion on the issue.
The Commission, staff and Ms. Julie Pandya, Asssistant City Attorney discussed the proposed changes to increase the amount of parking for Funeral Home/Mortuary use. They also discussed voting twice, one vote to leaving the existing use chart alone and a second vote for parking requirements.
Motion to Approve to Approve Part 1 of Case Z-1241-12; no changes to the existing use chart for Funeral Home/Mortuary use. Moved by Commissioner Scott McDonald, seconded by Commissioner Dick North.
Vote to Approve to Approve Part 1 of Case Z-1241-12; no changes to the existing use chart for Funeral Home/Mortuary use. (Approved)
Ayes: North, McDonald, Jones, May, Dewberry, Chambers, Williams
Nays: None
Motion to Approve to Approve Part 2 of Case Z-1241-12; change the parking requirement for Funeral Home/Mortuary to one (1) parking space for each employee, plus one (1) parking space for each 300 square feet or portion thereof of the buildings total square footage used for offices and waiting/seating areas, and 1 parking space for each three seats under maximum seating in each room used for services, public viewing, or other rooms used for similar purposes. Moved by Commissioner Reginald Jones, seconded by Vice Chairperson Roosevelt Williams.
Vote to Approve to Approve Part 2 of Case Z-1241-12; change the parking requirement for Funeral Home/Mortuary to one (1) parking space for each employee, plus one (1) parking space for each 300 square feet or portion thereof of the buildings total square footage used for offices and waiting/seating areas, and 1 parking space for each three seats under maximum seating in each room used for services, public viewing, or other rooms used for similar purposes. (Approved)
Ayes: North, Jones, Chambers, May, Dewberry, Williams
Nays: McDonald
(7) Consider Case Z-1242-12; an amendment to the Zoning Ordinance to add the new & unlisted use "Firewood Sales" and determine the zoning districts in which this use should be allowed. The proposed changes would amend Section 36 - Use Regulations; Section 38 - Off-Street Parking and Loading and Section A-3 Definitions of the Zoning Ordinance.
Management Report for Case Z-1242-12
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for Case Z-1242-12.
Chairperson Dewberry asked the Commission if there were any questions of staff.
Commissioner Williams asked Mr. Vatthauer to clarify the parking requirement for the proposed use "Firewood Sales".
Chairperson Dewberry informed the Commission that whenever a new use is considered parking requirements must be addressed as well.
Chairperson Dewberry asked the Commission if there were any questions of staff. Hearing no response, he opened the public hearing and asked if there was anyone in the audience who wished to address the Commission either in favor of or in opposition to case Z-1242-12.
Mr. Albert Bradford, Jr. of 922 Kirnwood Drive, Dallas, came forward to address the Commission. He gave some history about the firewood business located at 513 N. I-35 E. He also expressed his confusion about the need to classify the use "Firewood Sales". Especially since this type of use has been operating at the same location for approximately 20 years or more.
Chairperson Dewberry asked Mr. Vatthauer to explain how the need to classify the use "Firewood Sales" came about.
Mr. Vatthauer stated that both the property owner and business owner were informed that the use "Firewood Sales" would need to be classified and added to the Zoning Ordinance. He also provided information about the process of classifying uses.
Chairperson Dewberry asked if there was anyone else that wished to speak either in favor of or in opposition to Case Z-1242-12.
Ms. Etoria Polk, of 604 Kelsie Lane, came forward to address the Commission in favor of Case Z-1242.12. She told the Commission that a number of stores and businesses throughout the city sell firewood during the winter months. And, she was confused as to why this particular business needed to be classified.
Chairperson Dewberry informed Ms. Polk that firewood sales is the primary use for the business along I-35, while it is only the secondary and/or seasonal use of stores and other businesses throughout the city. He also explained that all uses in the city must be classified and the firewood sales has yet to be added to the Zoning Ordinance.
Chairperson Dewberry asked if there was anyone else that wished to speak either in favor of or in opposition to Case Z-1242-12.
Ms. Freddie Estes, of 5605 Rocky Ridge Road, Dallas, came forward to speak in favor of Case Z-1242-12. She mentioned that the firewood sales business along I-35 is an asset to the city.
Chairperson Dewberry asked if there was anyone else that wished to speak either in favor of or in opposition to Case Z-1242-12. Hearing no response, he closed the public hearing and asked the Commission if there was any discussion or comments.
The Commission, staff and Julie Pandya, Assistant City Attorney discussed the use "Firewood Sales" and possible zoning districts in which to allow the use.
Commissioner McDonald stated he would support the use "firewood sales" in General Retail (GR) zoning with an Specific Use Permit (SUP).
Chairperson Dewberry asked the Commission if there were any additional discussion. There being no response, he asked the Commission for a motion.
Motion to Approve to approve an amendment to the Zoning Ordinance to add the new & unlisted use "Firewood Sales" and determine the zoning districts in which this use should be allowed. The proposed changes would amend Section 36 - Use Regulations; Section 38 - Off-Street Parking and Loading and Section A-3 Definitions of the Zoning Ordinance. Moved by Commissioner Scott McDonald, seconded by Commissioner Dick North.
with the following stipulations:
(1) Also add the use "firewood sales" in General Retail (GR) zoning with a Specific Use Permit (SUP).
Vote to Approve to approve an amendment to the Zoning Ordinance to add the new & unlisted use "Firewood Sales" and determine the zoning districts in which this use should be allowed. The proposed changes would amend Section 36 - Use Regulations; Section 38 - Off-Street Parking and Loading and Section A-3 Definitions of the Zoning Ordinance. (Approved)
Ayes: North, Chambers, Jones, May, Dewberry, McDonald, Williams
Nays: None
G. REGULAR AGENDA:
(8) No items.
H. ADJOURNMENT.
Chairperson Dewberry reminded the Commission that they are to reconvene the work session directly following the Planning & Zoning Commission meeting.
Being there was no other business; Chairperson Dewberry adjourned the Planning & Zoning Commission meeting at 7:51pm.
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