PLANNING AND ZONING COMMISSION AGENDA BACKGROUND

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2 PLANNING AND ZONING COMMISSION AGENDA BACKGROUND AGENDA ITEM: Approval of Planning and Zoning Commission Minutes from the October 3, 2016 meeting. DATE: February 6, 2017 PRESENTER: Jessie Hanks, Planning and Zoning Secretary BACKGROUND: Review and consider action on Planning and Zoning Commission minutes from the October 3, 2016 meeting. RECOMMENDATION: Staff recommends approval of the Planning and Zoning Commission minutes from the October 3, 2016 meeting as written. ATTACHMENTS: Minutes for October 3, 2016 meeting. Director s Review: City Manager s Review:

3 Planning and Zoning Commission Minutes October 3, 2016 STATE OF TEXAS COUNTY OF TARRANT TOWN OF PANTEGO The Planning and Zoning Commission of the Town of Pantego, Texas, met in regular session at 7:00 p.m. in the Town Council Chambers, 1614 South Bowen Road, Pantego, Texas on the 3 rd day of October 2016 with the following members present: Jesse Howell Clifton Cassell John Kushma Matthew O Neill Victoria Roemmich Chairman Commissioner Commissioner Commissioner Commissioner Constituting a quorum. The following staff members were present: Matthew Fielder Jessie Hanks Jim Jeffrey Dennis Jobe Barry Reeves City Manager Planning & Zoning Secretary Town Attorney Community Development Director Assistant Police Chief (The following items were considered in accordance with the official agenda posted on the 30 th day of September 2016.) REGULAR SESSION 7:00 P.M. CALL TO ORDER AND GENERAL COMMENTS Chairman Howell called the regular session to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Cassell led the invocation, which was immediately followed by the Pledge of Allegiance. Chairman Howell read the caption for the executive session and recessed the regular session at 7:01 p.m. Following the Scheduled Executive Session, the Planning & Zoning Commission will reconvene in public session and may take any and all action necessary concerning the Executive Session. SCHEDULED EXECUTIVE SESSION ITEMS The Planning & Zoning Commission will convene in the City Manager s Office pursuant to the Texas Government Code for an executive session on the following items: 1. Pursuant to Government Code Section Litigation Matters, to discuss pending or contemplating litigation, settlement offers, and other legal matters that implicates the attorney-client privilege Newport Investments, LLC and Now Faith Deliverance Temple v. Town of Pantego, Don Surratt, and Don Funderlic. Chairman Howell reconvened the regular session at 7:59 p.m. and declared no action was taken on this item. APPROVAL OF MINUTES 1. Approval of Planning and Zoning August 1, 2016 and September 21, 2016 Minutes. 1

4 Planning and Zoning Commission Minutes October 3, 2016 Commissioner Kushma made a motion to approve the August 1, 2016 and September 21, 2016 minutes as written. Commissioner O Neill seconded the motion. The vote was as follows: Ayes: Howell, Cassell, Kushma, O Neill, and Roemmich. Nayes: None. Abstentions: None. Chairman Howell declared the motion passed unanimously. NEW BUSINESS 2. Public Hearing, review, and consider action on zoning case Z-227, a proposed special use permit as requested by Sylvester T. Lafayette to establish a church and sanctuary office at 3216 W. Park Dow Drive, Lot 1, Block 1, of Park Row West Addition of the A.L.S Land Survey, Pantego, Tarrant County, Texas. The property is generally located on the south side of West Park Row Drive between Nora Drive and Bowen Road. Chairman Howell read the caption for the record and opened the public hearing at 8:00 p.m. The following speakers spoke in support of zoning case Z-227: Brian Tally, 2117 Bay Cove Ct, Arlington, Texas 76013, explained Newport Investments and Now Faith Deliverance Temple has worked with the City Manager and staff to get all the proper documents to complete the application. Sylvester T. Lafayette, 5315 Faireast Ct, Arlington, Texas 76018, stated he is in favor of the application and was looking forward to finishing out their lease. The following speakers spoke in opposition on zoning case Z-227: Virginia Brooks, 1 Nora Ct, Pantego, TX 76013, explained there were several problems including parking and traffic issues.. She was unsure if this church was associated with the Prayer Room but there are people there from early in the morning until midnight. With no other speakers, Chairman Howell adjourned the public hearing at 8:03 p.m. The Commission inquired about how much the church has grown since the last meeting. Mr. Lafayette stated the congregation size is about 86 on a Sunday if everyone showed up. The Commission confirmed the church holds a 6 a.m. prayer service. There was discussion about the parking agreement. The purpose of the parking agreement is to meet the Town s rule and regulations but the church does not actually ever use the parking across the street. Commissioner Kushma made a motion to recommend approval of the special use permit with the conditions of installation of a female water closet, the shared parking agreement must be executed by all parties before council approval, use of an off-duty police officer any time the across the parking in Arlington is utilized or the implementation of all recommendations from a traffic impact analysis completed by a licensed professional engineer within sixty days of approval, and the special use permit shall expire at the end of the tenant s current lease. Commissioner Cassell seconded the motion. The vote was as follows: Ayes: Howell, Cassell, Kushma, O Neill, and Roemmich. Nayes: None. Abstentions: None. Chairman Howell declared that motion passed unanimously. 2

5 Planning and Zoning Commission Minutes October 3, 2016 ADJOURNMENT Chairman Howell declared the meeting adjourned at 8:08 p.m. ATTEST: Jesse Howell, Chairman Jessie Hanks, Planning & Zoning Secretary 3

6 PLANNING AND ZONING COMMISSION AGENDA BACKGROUND AGENDA ITEM: Public hearing, review, and consider action on zoning case Z-228, a proposed special use permit as requested by Maria Sainz to establish a church at 2234 W. Park Row Drive Suite F, Lot 1, Block 1R1, of Village Park Addition, Pantego, Tarrant County, Texas. The property is generally located on the south side of W. Park Row Drive between Milby Road and Lavern Street. DATE: February 6, 2017 PRESENTER: Dennis Jobe, Community Development Director BACKGROUND: See Community Development Staff Report. The Notice of Public Hearing was published on January 19, 2017 in the Fort Worth Commercial Recorder, the Town s official newspaper. This notice was also posted on the Town s bulletin board and the Town s website. Owners of property within two hundred (200) feet of the applicant property were given notice via U.S. Mail. RECOMMENDATION: Applicant has requested to cancel this application. ATTACHMENTS: None. Director s Review: City Manager s Review:

7 PLANNING AND ZONING COMMISSION AGENDA BACKGROUND AGENDA ITEM: Public hearing, review, and consider action on zoning case Z-229, a proposed special use permit as requested by First Family Life Church to establish a church at 3630 W. Pioneer Parkway, Lot 10, of Lanes Industrial Park Addition, Pantego, Tarrant County, Texas. The property is generally located on the south side of W. Pioneer Parkway between Smith Barry Road and Tierce Boulevard. DATE: February 6, 2017 PRESENTER: Dennis Jobe, Community Development Director BACKGROUND: See Community Development Staff Report. The Notice of Public Hearing was published on January 19, 2017 in the Fort Worth Commercial Recorder, the Town s official newspaper. This notice was also posted on the Town s bulletin board and the Town s website. Owners of property within two hundred (200) feet of the applicant property were given notice via U.S. Mail. RECOMMENDATION: Staff recommends approval of this Special Use Permit. ATTACHMENTS: Community Development Staff Report Application, Zoning Case Z-229 Notification Map Notification List Additional Information

8 COMMUNITY DEVELOPMENT STAFF REPORT MEETING DATE: February 6, 2017 ACTION REQUESTED: PROPERTY DESRIPTION: PROPERTY OWNER: APPLICANT: CURRENT ZONING: SURROUNDING ZONING/LAND USE: REQUESTED VARIANCES: ANALYSIS: Consider recommending approval for a Special Use Permit to establish a church W. Pioneer Pkwy, Lot 10, Of Lanes Industrial Park Addition, Pantego, Tarrant County, Texas. Newport Investments, LLD. First Family Life Church L-I Light Industrial District North- C-3 Commercial Zoning District-Commercial Office/Retail West- L-I Light Industrial District -Commercial Office/Retail East- L-I Light Industrial District -Commercial Office/Retail South- L-I Light Industrial District -Commercial Office/Retail None The Special Use Permit applied for is requesting permission to establish a church at 3630 W. Pioneer Pkwy. The Church expects approximately 15 people with services held on Wednesday at 7:00 p.m. and Sunday beginning at 11:00 a.m. SPECIAL USE PERMIT CONSIDERATIONS: The Town of Pantego Zoning Ordinance states the following considerations that the Planning and Zoning Commission and Town Council should consider prior to approval of a special use permit: (1) The proposed use complies with all the requirements of the zoning district in which the special use permit is located; (2) The proposed use as located and configured will contribute to or promote the general welfare and convenience of the Town; (3) The benefits that the town 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; (4) Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided; (5) The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; (6) The issuance of the special use permit does not impede the normal and orderly development and improvement of neighboring vacant property;

9 (7) The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood; (8) The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity; (9) Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight; (10) Sufficient on-site lighting is provided for adequate safety of patrons, employees and property and such lighting is adequately shielded or directed so as not to disturb or adversely affect neighboring properties; (11) There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties; (12) The proposed operation is consistent with the applicant s submitted plans, master plans, projections, or where inconsistencies exist, the benefits to the community outweigh the costs; (13) The proposed use is in accordance with the Town s comprehensive plan. RECOMMENDED ACTIONS: The Planning and Zoning Commission has the following options when considering a Special Use Permit application: Recommend approval as submitted; Recommend approval with conditions; Table to specific date with clarification of intent and purpose; or Recommend denial of application. STAFF RECOMMENDATION: Staff recommends approval of this Special Use Permit.

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17 Notification List Z-229 Name Address City State Zip Code Adtl. Address NEWPORT INVESTMENT 2101 BAY COVE CT ARLINGTON TX W PIONEER PKWY JOSEPH E BRIGGS & ASSOCIATES 2909 HARDER DR ARLINGTON TX W PIONEER & 2201 RAPER BLVD TSAA ENT LLC 3638 W PIONEER PKWY #201 PANTEGO TX NAPA LLC 3009 WESTWOOD DR ARLINGTON TX W PIONEER PKWY SECURECARE VALUE PROP II LLC 9226 TEDDY LN #100 LONE TREE CO GARNER BLVD PRESCOTT A/C & HEATING 3637 GARNER BLVD PANTEGO TX GRAVES LP 6333 AIRPORT FWY HALTOM TX GRAVES BLVD PRETIUM LLC ATTN: THERESA LEE TENG PO BOX SAN FRANCISCO CA & 3610 W PIONEER PKWY ANDREWS-DILLINGHAM PROPERTIES 1140 EMPIRE CENTRAL DR STE 175 DALLAS TX W PIONEER PKWY

18 PLANNING AND ZONING COMMISSION AGENDA BACKGROUND AGENDA ITEM: Public hearing, review, and consider action on zoning case Z-230, a proposed special use permit as requested by Ann Farrell (Annies Freeze) to continue the use of a sno cone stand business with pergola located at 2304 W. Park Row Drive, Tracts 1A3, 1A3A, 1A3B, 1A5, 1A5B and 1A5C of the William J Barry Survey, Pantego, Tarrant County, Texas. The property is generally located in the Lakewood Shopping Center on the south side of W. Park Row Drive between S. Bowen Road and Milby Road. DATE: February 6, 2017 PRESENTER: Dennis Jobe, Community Development Director BACKGROUND: See Community Development Staff Report. The Notice of Public Hearing was published on January 19, 2017 in the Fort Worth Commercial Recorder, the Town s official newspaper. This notice was also posted on the Town s bulletin board and the Town s website. Owners of property within two hundred (200) feet of the applicant property were given notice via U.S. Mail. RECOMMENDATION: Staff recommends approval of this Special Use Permit with the following conditions: The site plan and trailer remain the same as approved originally; Extending the Special Use Permit until ATTACHMENTS: Community Development Staff Report Application, Zoning Case Z-230 Notification Map Notification List Additional Information

19 COMMUNITY DEVELOPMENT STAFF REPORT MEETING DATE: February 6, 2017 ACTION REQUESTED: PROPERTY DESCRIPTION: PROPERTY OWNER: APPLICANT: CURRENT ZONING: SURROUNDING ZONING/LAND USE: REQUESTED VARIANCES: ANALYSIS: SPECIAL USE PERMIT CONSIDERATIONS: Consider recommending approval for a Special Use Permit to extend the use of a sno cone stand for Annie s Freeze until change of ownership, and to add a pergola for shade. Tract 1A3, 1A3A, 1A3B, 1A5, 1A5B AND 1A5C of William J Barry Survey, Pantego, Tarrant County, Texas. Farrell Property Co Ltd Ann Farrell C-3 Commercial District North C-3 Commercial Zoning District Grocery Store East C-3 Commercial Zoning District Retail Shopping Center South C-2 Commercial Zoning District Bank Arlington - School West C-3 Commercial Zoning District Restaurant None The Special Use Permit, approved in 2014, for Annie s Freeze sno cone stand has not reached its three year expiration limit. Ann Farrell, the property/business owner, has reapplied to extend this use until change of ownership and to add a pergola for shade. The original SUP ordinance, which is attached, included the following conditions: The concession trailer shall be of the same quality and specifications as the attached Exhibit A The concession trailer shall be placed according to a site plan approved by the Community Development Department This Special Use Permit shall expire in three years and is non transferable to new owner. The trailer that is presently in use is the same that was proposed in the original SUP. The location of the concession trailer has been determined and a site plan is included with the application. The Town of Pantego Zoning Ordinance states the following considerations that the Planning and Zoning Commission and Town Council should consider prior to approval of a special use permit: (1) The proposed use complies with all the requirements of the zoning district in which the special use permit is located; (2) The proposed use as located and configured will contribute to or promote the general welfare and convenience of the Town; (3) The benefits that the town gains from the proposed use outweigh the loss of or damage to any homes, businesses, natural resources, agricultural lands, historical or

20 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; (4) Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided; (5) The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; (6) The issuance of the special use permit does not impede the normal and orderly development and improvement of neighboring vacant property; (7) The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood; (8) The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity; (9) Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight; (10) Sufficient on-site lighting is provided for adequate safety of patrons, employees and property and such lighting is adequately shielded or directed so as not to disturb or adversely affect neighboring properties; (11) There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties; (12) The proposed operation is consistent with the applicant s submitted plans, master plans, projections, or where inconsistencies exist, the benefits to the community outweigh the costs; (13) The proposed use is in accordance with the Town s comprehensive plan. RECOMMENDED ACTIONS: STAFF RECOMMENDATION: The Planning and Zoning Commission has the following options when considering a Special Use Permit application: Recommend approval as submitted; Recommend approval with conditions; Table to specific date with clarification of intent and purpose; or Recommend denial of application. Staff recommends approval of this Special Use Permit with the following conditions: The site plan and trailer remain the same as approved originally; Extending the Special Use Permit until 2020.

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27 Notification List Z-230 Name Address City State Zip Code Legal 1 Legal 2 Farrell Property Company, LTD 2304 W. Park Row #7 Pantego TX Barry, William J Survey A 155 Tr 1A3 1A3A 1A3B Mercantile Bank 2401 W Park Row Dr Pantego TX Westbury Square Addn Blk 1 Lot 3R Bomac Partners 1110 W State Hwy 114 #200 Southlake TX Westbury Square Addn Blk 1 Lot 4R Aldi Texas LLC 2500 Westcourt Rd Denton TX Westbury Square Addn Blk 1 Lot 2R 4D-JKL Corporation 1517 S. Bowen Rd Pantego TX Barry, William J Survey A 155 Trs 1A01A Kindred Glass 2302 W. Park Row Dr Pantego TX Barry, William J Survey A 155 Trs 1A02A 1A2B S & D Family Partners LP 2227 W. W. Park Row Dr. (A) Pantego TX Park's, GW Subdivision Blk 10 Lot 1 Walker, Robert P.O. Box Arlington TX Village Park Add-Pan Blk 1 Lot 2R Village Park Investments LP 670 W. Arapaho Rd Richardson TX Village Park Add-Pan Blk 1 Lot 1R1 Novoselsky, Andrew & Jennifer 2215 Briarwood Blvd Arlington TX Lakewood Add-Arl Blk 1 Lot 12 Liesure, Amy Jo 2301 Briarwood Blvd Arlington TX Lakewood Add-Arl Blk 1 Lot 11 Carter, Andre J & Camilla C 2303 Briarwood Blvd Arlington TX Lakewood Add-Arl Blk 1 Lot 10 Ball, Wanda F 2305 Briarwood Blvd Arlington TX Lakewood Add-Arl Blk 1 Lot 9 Williams, Hildegard M 2307 Briarwood Blvd Arlington TX Lakewood Add-Arl Blk 1 Lot 8 Arlington Independent School Dist 1203 W. Pioneer Pkwy Arlington TX Barry, William J Survey Lot 1

28 ORDINANCE NO AN ORDINANCE OF THE TOWN OF PANTEGO AUTHORIZING THE RENEWAL OF A SPECIAL USE PERMIT ISSUED TO ANN FARRELL (ANNIE S FREEZE) TO CONTINUE USE OF A SNO CONE STAND BUSINESS LOCATED AT 2304 WEST PARK ROW DRIVE, TRACTS 1A3, 1A3A, 1A3B, 1A5, 1A5B AND 1A5C OF THE WILLIAM J BARRY SURVEY, PANTEGO, TARRANT COUNTY TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Pantego, Texas is a Type A General Law Municipality located in Tarrant County, Texas, created in accordance with provisions of Chapter 6 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, Chapter 14, Section (5) of the Town of Pantego Municipal Code allows for an exception of any public or government building or use not elsewhere permitted in a particular district; and WHEREAS, the Planning & Zoning Commission as required by Chapter 211 of the Texas Local Government Code has duly published a Notice of Public Hearing in the Fort Worth Commercial Recorder, the official newspaper for the Town of Pantego, on July 25, 2014; and WHEREAS, the Planning and Zoning Commission has received and reviewed the application from Ann Farrell and has determined that it complies with all requirements for the Special Use Permit; and WHEREAS, the Commissioners recommend approval of this application at their regularly scheduled meeting on August 4, 2014; and WHEREAS, the Town Council by affirmative vote of four of its members may by ordinance authorize special use permits; and WHEREAS, presentation of this ordinance at a meeting preceding the meeting at which the ordinance is enacted places an undue burden in administrative time and expense to the Town, and as reflected by the vote of two-thirds of the Councilmember s present, the requirements of Section (b) are hereby waived. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PANTEGO, TEXAS THAT: SECTION 1: The Town Council authorizes the Special Use Permit for the use of a snow cone concession trailer located at: Tracts 1A3, 1A3A, 1A3B, 1A5, 1A5B and 1A5C of the William J Barry Survey in Pantego, Tarrant County, Texas 2304 West Park Row Drive, Pantego, Texas as requested by Ann Farrell. SECTION 2: This Special Use Permit shall have the following stipulations: The concession trailer shall be of the same quality and specifications as the attached Exhibit A The concession trailer shall be placed according to a site plan approved by the Community Development Department This Special Use Permit shall expire in three years and is non-transferrable to new owners. Town of Pantego Ord. No SUP Z-203 Annie s Freeze

29 SECTION 3: PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of the ordinances of the Town of Pantego, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 4: EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as provided by law, and it is so ordained. PASSED AND APPROVED AFTER WAIVER OF THE REQUIREMENTS OF TOWN CODE SECTION (b) THIS THE 11 th DAY OF AUGUST 2014 BY A VOTE OF 5 AYES, 0 NAYS, AND 0 ABSTENTIONS, AT A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF PANTEGO, TEXAS. ATTEST: Melody Paradise, Mayor Julie Arrington, City Secretary APPROVE AS TO FORM: Jim Jeffrey, City Attorney Town of Pantego Ord. No SUP Z-203 Annie s Freeze

30 Movable Pole and Chain Fencing Trailer Chain Link Fencing