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HomeMy WebLinkAboutPZ 2007-02-15 Minutes MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS FEBRUARY 15, 2007 1. CALL TO ORDER The meeting was called to order by Chairman Randy Shiflet at 7:00 p.m. 2. ROLL CALL PRESENT Chairman Randy Shiflet Mark Haynes Brenda Cole Steven Cooper Kelly Gent (Pre-Council Only) Ex Officio ABSENT Mike Benton Don Bowen Bill Schopper CITY STAFF Director of Planning & Development Asst. Dir. of Public Works Building Official Recording Secretary John Pitstick Greg Van Neiuwenhuize David Pendley Angela Brown 3. PLEDGE OF ALLEGIANCE Page 1 of 6; 2/1/07 P & Z Work Session Minutes 4. CONSIDERATION OF MINUTES FROM THE JANUARY 18, 2007 MEETING APPROVED Brenda Cole motioned, seconded by Steven Cooper, to approve the minutes of January 182007. The motion carried unanimously (4-0) 5. CONSIDERATION OF MINUTES FROM THE FEBRUARY 1, 2007 MEETING APPROVED Mark Haynes motioned, seconded by Steven Cooper to approve the minutes of February 1, 2007 meeting. The motion carried unanimously (4-0) 6. FP 2006-19 Consideration of a Request from Jim Makens of Park\Wall L.P., to Approve a Final Plat of Lot 3, Block 1, Gibson Addition (Located in the 8600 Davis Blvd. - 0.94 acres). APPROVED Mr. Bryan Tobbie with the Mackey Company 3231 Harwood Drive, Bedford, Texas states that Mr. Makens owns this parcel and zoned it. He has owned if for a number of years and sold off for the Conoco and Discount Tire. We have a hair salon that is looking at purchasing the lot that we are trying to get platted tonight. John Pitstick states that this is a final plat of Lot 3 Block 1 Gibson Addition. Current zoning is C-1 commercial. It has a mutual access on Davis and on Precinct Line through an access easement. It does fall behind the Conoco station but has access to both through existing private access easements. The staff has reviewed this and the development access committee recommends approval. The Cities engineers determined that the developer be required to assume 100% of the amount required for public infrastructure improvements. As there were no others whishing to speak, Chairman Shiflet entertained a motion. Mark Haynes motioned to approve FP2006-19, seconded by Brenda Cole. The motion carried unanimously (4-0). Page 2 of 6; 2/1/07 P & Z Work Session Minutes 7. SUP 2007-01 Public Hearing and Consideration of a Request from Andrew M. Totz to Approve a Special Use Permit for a Crematory for North Hills Funeral Home (Located in the 8400 Block of Mid-Cities Blvd. - 2.17 acres). APPROVED Chairman Shiflet opens public hearing at 7:10 on SUP 2007-01 Mr. Kyle McFauther comes forward and states name and property address as being 8525 Mid Cities Boulevard here in North Richland Hills. This request is for when the property was built early last year. The owners purchased the property the end of September. It was built for a crematory. It is already permitted for a crematory but the primary owners did not put the piece of machinery in. We have purchased the machinery and we want to put that machinery in. We found out in November the city required a special use permit. That is why we are here, to ask for that. Chairman Shiflet states, as I understand we have clarified it with the staff that this consideration is for the hardware and also because of the changes since the funeral home was built. This will also bring the entire complex into compliance. Mr. Kyle McFauther states that is correct. John Pitstick comes forward and states, yes Mr. Chairman that is correct, just giving you a little background. North Hills funeral home was built about a year ago. It was built in compliance and zoned for commercial services at the time. It is a very attractive building built with four crematory services. The building was built in November of this past year. However the city did change the ordinance that all funeral homes and crematories require a special use permit. So the new owners got caught in the middle. Since they had not started the use of the crematory they will be required to have a special use permit. In terms of the elevations, I will show you those. There are not many changes; this is where it is on the back part of the property. You can see the receiving garage, and the interior side. So you will not see any interior differences in the building. This just allows them to come into conformance. They were in non-conformance after November. So this not only allows them to use the facility as a crematory but also brings the entire facility up to current regulations. Because our current requirements are that all funeral homes and crematories have to be under a special use permit. We appreciate them coming forward and they have been very cooperative and staff is certainly supportive of this. Chairman Shiflet states, the only question I had is that this was advertised as 8400 block of Mid-Cities and he indicated it as 8525. Do you want to clarify that? Page 3 of 6; 2/1/07 P & Z Work Session Minutes John Pitstick stated that the actual notice had the correct address and it is just the cover sheet that had the 8400 block. The actual notice that went out to approximately eight property owners in the surrounding area had the 8525 block. Chairman Shiflet asks if anyone in favor of the request wishes to come forward and speak. Chairman Shiflet asks if anyone in oppositions of the request wished to come forward and speak Mr. John Runnells came forward in opposition. Mr. John Runnels stated he lived at 8501 Cardinal Lane just half a block north of the North Hills funeral home. Thank you for allowing us to speak we have several reasons for opposing. Not so much the funeral home but the crematory. My wife is sensitive to smoke of all kinds and we are concerned about any effect that the crematory might have being that close across the street. We also object for our neighbor's sake. As you can see on the circled picture there shown we only have three neighbors that are involved within that 200ft radius. We felt like the influence of that crematory and the funeral home combined had more than just a newness factor for people who are going in and out and past that neighborhood. We have two schools very close by. Smithville Middle School is approximately 500ft away in the North West direction. Walker Creek Elementary School is about four blocks Southeast of that area. Just two blocks south of that is where the new Public Library will be. We basically felt for the sake of our property values and how it might have a negative affect. With having these types of facilities across the street from the standpoint of resale not just for my property but my neighbors properties as well. One of our neighbors who is here tonight has land in the area but has not built a house there still owns that property and they have the same concerns as I do. We also object in the aspect that the Franklin Park retirement center located right across the street from the North Hills Funeral Home across Mid-Cities Boulevard. They don't have people living there yet but they will. About 300 to 400 people in a 194 unit complex for retirement people which is being promoted as the apple of North Richland Hills complex where people are going to live in retirement and have to look out there window and see a crematorium. It's a strange paradox. In summary the issuance of a permit to have a crematory at North Hills Funeral home would add additional negative affects on my home, my neighbors home and all future home owners in the area. The future tenants and employees at Franklin Park as well as the future home owners at Town Home. The Smithville Middle School people are driving past that area just to get to there schools. Cardinal Lane is not a very busy area unlike Mid-Cities Boulevard who have people taking kids to school. We don't know how giving them the permit for the crematory will affect the land that is vacant next to them on the Westside. We don't know what kind of appeal it would be for attracting people to build in that area having a crematorium 30ft to 40ft away from them. Weather we have ever smelt any kind of smell, fumes or drift, it is just the thought. We are concerned about in some cases and the financial aspect of our property values. We feel like this can be dealt with in some other location. I appeal to you to vote against the special use permit for the crematorium of the funeral home. Thank you very much. Page 4 of 6; 2/1/07 P & Z Work Session Minutes Mr. Kyle McFauther states that they totally understand Mr. Runnel's feelings. We want to be good neighbors about this and we appreciate the opportunity for you to come out and voice your concern. When this was all built and permitted a couple of years ago the same intent was permitted for in the beginning. So in all actuality for the last year this has been a crematory. As far as the physical aspects nothing has changed so I don't think it is going to effect the property values or anything like that. We have had very good relationships and open communication with the Franklin Park facility across the street. Because we want to be totally upfront and let them know what is going on. You are right. There are no tenants there yet and they can't speak for the tenants. I totally understand that, but the people that are in charge are very much aware and have not showed any type of negativity. As far as the cremation part. Andrew Totz who is one of the co-owners of the funeral home has a crematory in South Fort Worth. He has been doing this now for eight years. I'm sure he could bring a lot of input as far as the impact it has on close proximity properties. I think Andrew would like to say a few things if that's ok. Thank you. Mr. Andrew Tots states that he is one of the owners of North Hills funeral home. His address is 9304 Pecan Tree Court, Burleson, Texas. I own one of the largest privately owned crematories in Tarrant Count which is DFW crematory. Crematories for 45 different funeral homes in the Dallas Fort Worth area conduct approximately 250 to 300 cremations a month. Now of course a funeral home will cremate for the funeral home. But as far as the school children and neighbors or anyone involved, there will be no difference what so ever while driving past the funeral home. The room is built and everything to code is in place. The only thing that we are going to do is put the actual machine into a room that is already there. So as far as aesthetics outside no one will know weather it's a funeral home or crematory. I've had no problem with the admissions process or with anybody around my area where my crematory exists. As a matter of fact in Texas the EPA are not involved in the admissions process because it is so little. You don't have to go through the EPA to get any type of standard; it is waved in the state of Texas. I'm sure that we are concerned about the smoke and we are very cautious about that. The machines today are regulated where they don't admit smoke. It is a very clean process. As far as being concerned about the Schools and the people across the street. The funeral home is there. Aesthetic wise there is absolutely no difference. There is just a piece of machinery being placed into the existing building. Chairman Shiflet asks if there is a State regulation since you say the EPA does not regulate. Mr. Andrew Totz states that he is governed by the railroad commission because his business runs off propane. And the railroad commission governs propane. We are licensed by the State Funeral Commission as a crematory and they come in once a year just like any funeral home. They inspect our facility for admissions, cleanliness, and proper procedures for handling the deceased. Other than that it's the only regulatory agencies that are involved. Page 5 of 6; 2/1/07 P & Z Work Session Minutes Mr. Cooper asked if this is a new machine that you are installing. Mr. Andrew Totz answers, yes it is a brand new machine. It is build specifically for this area that we have. Thank you. Chairman Shiflet states, Mr. Runnells one thing that I want to make sure, and you are probably already aware of this. Had this machine already gone in at the time of construction or up until the regulations changed last fall. They could have just installed the machine. What has trigged this is a change of ownership which requires a special use permit for the entire facility when they want to make a change. Since this had not previously been installed, the requirements that cause them to be here is a standard change the City of North Richland Hills imposed last fall. If it were not for that change they would already be working on it instead of sitting here tonight. After this is considered by the Planning & Zoning Commission it will be forwarded to the City Council where you will have an opportunity to speak there as well. Mr. John Runnells states that he talked to the people at Franklin Park that are in the process of getting there wed-site together. When you do go on the web-site there are no pictures and no agenda. I talked to a lady and asked if she knew about the meeting tonight and she had no idea they were even having it tonight. So whatever she has had as far as communication with Mr. Totz I don't know, but to her it was a surprise. John Pitstick states that on our tax roles Arcadian Land Partners is listed, so they may not have closed on the property yet for Franklin Park. We are required to do the most recent tax roles, so on the current tax roles it showed Arcadian Land Partners instead of Franklin Park. As there were no others wishing to speak, the Chairman closed the public hearing at 7:23 and called for a motion. Brenda Cole motioned to approve SUP 2007-01, seconded by Mark Haynes. The motion carried unanimously (4-0). 8. ADJOURNMENT There being no other business the chairman adjourned the meeting at 7:25 p.m. Chairman Secretary ··~O~ ~&~ Randy Shiflet Don Bowen Page 6 of 6; 2/1/07 P & Z Work Session Minutes