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Item: Public hearing and consideration of a Conditional Use Permit, use only, for First
United Methodist Church to be located on the east side of Wellborn Road, between Rock
Prairie and Mortier Roads. (99-141/99-725).
Applicant: Pastor Melvin Amerson fpr First United Methodist Church
Item Summary: The proposed church would be developed on approximately 3.334
acres. The building is intended to be used weekdays and weekends during the day and
evenings for various church related activities.
The property is currently zoned C-3 (Planned Commercial). It is adjacent to C-3 to the
north on Wellborn Road, C-2 to the south on Wellborn Road, and R-1 to the east. The
Land Use Plan shows this area as Retail Regional. Religious facilities are allowed in any
zoning district with a Conditional Use Permit.
The site plan will need to return to the Commission for approval before proceeding with
Building Permits. The applicant is aware that the Commission may impose additional site
restrictions and requirements, in addition to the conditions of the rezoning, to mitigate
impacts of the use, when the site comes before the Commission.
Item Background: The subject property was recently shown on a preliminary plat and
was rezoned several years ago as part of the development of Edelweiss. A Final Plat will
need to be filed.
Budgetary & Financial Summary: N/A
Staff Recommendations: Section 14 of the Zoning Ordinance authorizes the existence of
conditional uses. The Commission may permit a conditional use subject to appropriate
conditions and safeguards, when after public notice and hearing the Commission finds
that: (Staff comments are in italics)
1. "The proposed use meets all the minimum standards established in the ordinance
for the type of use proposed." This use meets all of the minimum ordinance
requirements.
2. "That the proposed use meets the purpose and intent of the ordinance and is in
harmony with the development policies and goals and objectives as embodied in the
Comprehensive Plan for Development of the City." This use is in line with the Land Use
Plan.
3. "That the proposed use will not be detrimental to the health, welfare, and safety of
the surrounding neighborhood or its occupants, nor be substantially or permanently
injurious to neighboring property." The public hearing is an opportunity for the
Commission to measure the potential impact on surrounding land uses.
"The Commission may impose additional reasonable restrictions or conditions to carry out
the spirit and intent of the ordinance and to mitigate adverse effects of the proposed use.
These requirements may include, but are not limited to, increased open space, loading and
parking requirements, additional landscaping, and additional improvements such as
curbing, sidewalks and screening."
Unless the public hearing brings to light any new information indicating potential
negative impacts, Staff recommends approval.
Commission Action Options:
The Commission has final authority over the Conditional Use Permit and associated site
plan. The options regarding the use permit are approval as submitted, approval with
conditions relating to specific site characteristics or with time limitations, denial with
specified reasons for denial, or table or defer action to a specified date.
Supporting Materials:
1. Location Map
2. Application
3. Infrastructure, Facilities and Notification Information
INFRASTRUCTURE AND FACILITIES
Water: A 16-inch water line exists along Wellborn Road, which will provide
adequate water to the site
Sewer: Will be addressed at time of final platting.
Streets: Wellborn Road is a major arterial and will provide adequate access to
the site.
Off-site Easements: Will be addressed at time of final platting.
Drainage: Will be addressed at time of site plan. The development will be
required to comply with the City's Drainage Ordinance.
Flood Plain: N/A
Oversize request: See Budgetary and Financial Summary Section.
Impact Fees: The property is in Sewer Impact Fee Area 92-01, and will be
required to pay impact fees at the time of building permit. The impact fees will
be $289.77 per Living Unit Equivalent (L.U.E.).
Parkland: N/A
Sidewalks: Will be required, and will be addressed at time of site plan.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 10-6-99
Advertised Commission Hearing Dates(s): 10-21-99
Number of Notices Mailed to Property Owners Within 200% 9
Response Received: One received in support of the Conditional Use Permit at
the time of staff report.
R
towers. Mr. Bright also asked if this land was purchased by Sprint or if it would be leased to them.
Mr. Battle explained that the tower would operate on a small portion of the larger tract and the property
would be leased to Sprint.
Charles Hamilton, 7714 Appomattox, expressed his concern with this tract for the availability for
future development. He is not opposed to the tower but had concern with the possibility of this tower
holding back possible future residential developments and force commercial, since towers cannot exist
in residential zoning districts.
Commissioner Kaiser said that this was a good point since during the Raintree rezoning request
previously it seemed that the residents of Raintree were in support of residential development in this
area.
Commissioner Floyd felt that this would be considered reverse order. He believed that if the property
was currently zoned single family, then the tower would not be considered, but since the tower would
be pre-existing single family could still be considered.
Judy Galey, 2601 Brookway Cr., approached the Commission with questions regarding the tower
height in comparison to the existing city tower. Mr. Crain said that the existing city tower is 325 feet
high and the proposed tower would be 100 feet. Ms. Galey asked how much higher the tower would be
compared to the oil pumps that would be near the proposed tower. Mr. Crain that he measured the tree
that was shown in one of the photos near where the tower would be and it is 50 feet in height.
Acting Chairman Mooney closed the public hearing.
Commissioner Parker moved to approve the conditional use permit with the condition that the mobile
cell tower, not taller than the one approved, be allowed to operate at this location for no longer than 60
days while the permanent tower is constructed. Commissioner Kaiser seconded the motion, which
passed unopposed (6-0).
AGENDA ITEM NO. 9: Public hearing and consideration of a Conditional Use Permit, use only,
for First United Methodist Church to be located on the east side of Wellborn Road, between
Rock Prairie and Mortier Roads. (99-725)
Staff Planner Jimmerson presented the staff report and stated that the proposed church would be
developed on approximately 3.334 acres. The building is intended to be used weekdays and weekends
during the day and evenings for various church related activities. The property is currently zoned C-3
Planned Commercial. It is adjacent to C-3 to the north on Wellborn Road, C-2 to the south on
Wellborn Road, and R-1 to the east. The Land Use Plan shows this area as Retail Regional. Religious
facilities are allowed in any zoning district with a conditional use permit. The site plan will need to
return to the Commission for approval before proceeding with building permits. The applicant is
aware that the Commission may impose additional site restrictions and requirements, in addition to the
conditions of the rezoning, to mitigate impacts of the use, when the site comes before the Commission.
She commented that there was one response from the neighborhood and they believed that this would
complement the Edelweiss Subdivision. There were also two other church use permits approved for
this area. Staff recommended approval of this use permit.
P&Z Minutes October 21, 1999 Page 10 of 12
Chairman Rife asked how the applicant came up with 75 parking spaces (as listed in the application).
Ms. Jimmerson explained that this number might change and that this would be looked at during the
site plan review process.
Chairman Rife opened the public hearing.
Clarence Thomas, 2103 Chase Cr., applicant, said that he is the chairman for the relocation committee
for the church. The seating capacity for the facility would be approximately 230 people, the 75 parking
spaces came from using the 1:3 ratio. The site is considerably smaller that desired but with the
financial aspects, this is all they can afford. The building itself is only approximately 7000 square feet,
and parking for 100 cars would take around one acre. The current membership is only 120 and there
are only usually 80 members during Sunday service. He felt this would be ample parking for the
church.
Patricia Rogers, owner of the Pet Resort (adjacent to this site) explained that her business has enough
extra spaces to accommodate the overflow if needed. She expressed her concern that FM 2154 would
be expanded and additional right-of-way would be taken to accommodate. She wanted to inform this
church of what she had heard from the Txdot meetings.
Transportation Planner Hard explained that this would be in the future and he was not aware of how
much right-of-way would be taken.
Chuck Ellison, 2902 Camille Drive, approached the Commission to inform them of the limitations
churches experience in the type of process because of limited funds. He asked if there was a way to
approve the use with direction to parking issues.
Chairman Rife closed the public hearing.
The Commissioners expressed their concerns with the parking issues and the need to provide adequate
parking. Assistant City Attorney said that according to the zoning ordinance, the requirement is 33%
of the seating in the church, which is a set requirement. Conditions can be placed on conditional uses
pertaining to health, safety and welfare (site related issues). If there is a necessary reason to condition
the parking requirement a condition could be place on it. She did not think that at this point an
arbitrary number could be chosen based on what Txdot may do in the future.
Commissioner Horlen moved to approve the use permit. Commissioner Floyd seconded the motion,
which passed unopposed 7-0.
AGENDA ITEM NO. 10: Public hearing and consideration of a Conditional Use Permit for the
site plan only of the Ismaili Jamatkhana Center to be located on the northwest corner of Rock
Prairie Road and Edelweiss Avenue. (99-718)
Senior Planner McCully presented the staff report and stated that in January 1999 the Commission
approved a Conditional Use Permit for a church facility to be located on the subject property. The
applicant is now returning with a site plan that shows the layout of the site in general compliance with
a conceptual plan that accompanied the original request. The site plan shows a church building
oriented to Edelweiss Avenue with associated parking along both the Edelweiss and the Rock Prairie
Road frontages. There is one access driveway shown on Rock Prairie Road aligning with a platted
P&Z Minutes October 21, 1999 Page I1 of 12