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HomeMy WebLinkAbout1996-05-21 PLANNING AND ZONING COMMISSION MAY 21, 1996 MINUTES The Pre-Commission meeting of the Planning and Zoning Commission was called to order by Chairman Ronald Young at 5:30 p.m., in the downstairs Administration Building Conference Room. Five members of the Planning and Zoning Commission were in attendance. PLANNING AND ZONING COMMISSION CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS. Chairman Ronald Young called the Planning and Zoning Commission meeting to order at 7:00 p.m. for the consideration of scheduled items. He stated there were five members of the Planning and Zoning Commission present. Commissioners Eggers and Shuler were absent. Furthermore, the agenda for this meeting had been properly posted in accordance with applicable law. MEMBERS & STAFF PRESENT MEMBERS ABSENT Chairman Ronald Young Keith Eggers Robert McMillon Joy Shuler Billy Owens George Zahn Nancy Bright Randy J. Byers, Director of Public Works & Development Paul Kruckemeyer, City Engineer Rod Tyler, City Planner Barbara Chambers, Office Supervisor Linda Lux, Staff Secretary VISITORS PRESENT: Tom Cox, Director of Economic Development Tedra Cheatham, Economic Development Jeanne Green Allan Johnson David Shanahan Robert & Judy Lexuold JiSook Lee Mr. Lacha PLANNING AND ZONING COMMISSION MEETING - PAGE TWO MAY 21, 1996 VISITORS (CONTINUED) Mr. Morrison Mr. Eisner Mr. Boone Mr. Basset Mr. Shumzng J. Rogers PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Bright and the invocation was given by Commissioner McMillon. APPROVAL OF MINUTES Commissioner McMillon made the motion to approve the minutes of the May 7, 1996, Planning and Zoning Commission meeting and the motion was seconded by Commissioner Zahn. The vote was as follows: Ayes: Commissioners McMillon, Zahn, Bright, Owens, Young Nays: None The motion carried. ITEM I. PUBLIC HEARING - SPECIFIC USE PERMIT #96-13-SUP - A.M. DOWNEN SURVEY, A-415 Request of Jeanne M. Green, representing G.W. and Geneva Green, for a used auto sales business within the C-2 (Community Business) zoning district located at 1610 West Euless Boulevard; more specifically described as Tract 2F1 of the A.M. Downen Survey, A-415 Randy J. Byers, Director of Public Works and Development, introduced the Specific Use Permit #96-13-SUP request and gave the location. He stated the Development Review Committee had reviewed the request and found that the "conditions for approval" were adequately fulfilled and therefore, recommended approval. He further stated the applicants were providing additional landscaping on their lot and additional landscaping would be provided in the right-of-way upon obtaining a permit from the Texas Department of Transportation (TxDOT). PLANNING AND ZONING COMMISSION MEETING - PAGE THREE MAY 21, 1996 Chairman Young explained the rules governing a Public Hearing and then he opened Public Hearing #96-13-SUP. He asked for the applicant to make a presentation and to outline the reasons why they feel like all of the "13 Requirements" had been met for the approval of the Specific Use Permit. Ms. Jeanne Green, 2509 Glen Oaks Drive, Bedford, Texas, represented Mr. G. W. and Geneva Green, property owners. Mr. and Mrs. Green resides at 1521 Donna Lane in Bedford, Texas. She stated the specific use permit was for a used car business located at 1610 West Euless Boulevard. Ms. Green informed the Commissioners the property, as it stands presently, is in poor condition and they hope to bring the facility up to standards for the citizens and the community. She stated, in the past, the property had been a bar-b-que restaurant, car repossession lot, auto parts store and formerly a Dairy Queen. She furnished the Commissioners with a list of repair items that would be made to the property. The list of repair items became a part of the record and is attached to the minutes. The list includes the following statements made by Ms. Green: They intend to move the existing chain link fence from around the facility and install 3-4" pipe railing around the east, west and south side of the facility. The pipe fencing will be approximately 2' in height and then place a proxy fence at the rear of the property to provide privacy between them and the neighbors to the north; install halogen lights around the property for safety of the customers and employees, they will extend approximately 20-22 feet in height; they plan to landscape according to the City standards and asked the Texas Department of Transportation if they can place additional landscaping on their right-of-way. They plan to place flowering plants, such as, dwarf Nandinas on city property and plant the required 24 shrubs (possibly more) and two live oak trees. They will also accommodate the 120 feet of ground cover that will extend around the front of the property and up to the side of the property; they will place irrigation on the property to properly maintain the landscaping; they plan to use the existing sign with refurbishing, painting and use a professional sign company to install a laminated sign identifying the business; they plan to request demolition of a portion of the building that was an "add-on" which is an unattractive 16X13' addition on the west side of the property. They will replace this with two customer parking spaces; they will repave the entire premises of the property and restripe; the outside of the building will also be repainted; replace the entire roof of the facility; and remodel the interior of the facility which includes: adding a drop ceiling, replacing all ceiling blocks, replacing all sinks and commodes, enlarging the doors in the restroom facilities to accommodate handicap customers, painting and adding wood accents, new carpet and flooring in the facility, removing paint from the windows and adding mini-blinds, and replace all light fixtures in the facility. Ms. Green stated the property owners had owned previous businesses throughout the PLANNING AND ZONING COMMISSION MEETING - PAGE FOUR MAY 21, 1996 years including ranch business, parts auto store, drug store, steak house, travel trailer park, two ski lodges and have extensive business experience in the used car business. Ms. Green also stated the property owners helped their nephews establish a successful used car lot in Watauga. She informed the Commissioners they have found with the rising cost of new automobiles, the need for used cars has increased. The automobiles on the lot will be newer model trucks and cars from one to six years of age. There will be no repair or mechanical work done on the premises. She stated the business would have a positive effect on the city and other businesses in the area. Chairman Young called for any proponents or opponents that would like to speak, there being none he closed the Public Hearing for the Specific Use Permit request. He opened the meeting for discussion among the Commissioners. Commissioner Zahn asked if the property owners would be the operators of the business. Ms. Green stated they would own and operate the business. She also stated there would be 42 display parking spaces. The halogen lights will be directed in a downward position toward the vehicles and will not affect the neighbors. Ms. Green stated the hours of operation were not yet established, but she guessed approximately 9:00 A.M. -6:00 P.M. six days a week, being closed on Sunday. Chairman Young stated some of the concerns he had included the recycling and refurbishing of the building. He asked how they planned to make the building look like something other than a Dairy Queen. Ms. Green stated they would drop the ceiling and would re-do the windows with some carpentry work and install mini-blinds as window dressing. She stated they would like to maintain the canopy as a place to keep the newer vehicles in order to keep them from the bad weather. The surrounding property owners had not voiced any opposition to the used car lot. Paul Kruckemeyer, City Engineer, stated the water and sewer facilities were adequate and in place. He recommended approval of the Specific Use Permit. Commissioner McMillon asked if there would be wash bays at the facility. Ms. Green stated there would not be wash bays and they would probably hose the cars off if they were dusty. Commissioner Owens stated he did not feel the used car lot was the highest and best use for this piece of property. He stated his greatest concern was businesses coming into this area for a short period of time to make their investment, then leaving and the properties become less than a quality operation. His concern was for the residents in the area. He stated the Dairy Queen was built because it was a business that offered service to the residents and the City was wanting service types of businesses for Hwy. 10. He stated the applicant had met the minimum standards. He stated he would like to tie the PLANNING AND ZONING COMMISSION MEETING - PAGE FIVE MAY 21, 1996 ems. approval of the Specific Use Permit to the present owners and at such time the owners ceases to hold the title it no longer becomes a car lot. Ms. Green stated she had concerns for the business if the owners conveyed the property to another family member and they had to come back before the Planning and Zoning Commission several years down the road and there was another group of Commissioners. She stated outside of the family members she did not have a problem. Commissioner Owens asked if she would consider putting a time frame such as 2-3 years on the Specific Use Permit. Commissioner Owens withdrew his recommendation on the time frame. Ms. Green stated the investment for refurbishing the property to date was at$30,000 and she stated it would be unfair to go through the work and expense of building a business and find out 2-3 years later that they were denied a Specific Use Permit. Commissioner Owens stated he did not believe the car lot was the highest and best use and any time the Commission grants an applicant anything outside the guaranteed zoning right, he feels he needs something that the citizens of Euless will get in return. Rod Tyler, City Planner, stated a time frame could be attached to the approval of a Specific Use Permit, however, it would periodically need to be checked. Commissioner Owens made the motion to approve Specific Use Permit #96-13-SUP as recommended by the Development Review Committee with the following exception: If and when the present owners or family members cease to operate a used car lot at this location, the Specific Use Permit will be null and void. Commissioner McMillon seconded the motion. After discussion among the Commissioners, Commissioner Zahn amended the motion to include the list of improvements titled "Reasons Supporting Proposals" received and dated by the City of Euless, April 19, 1996. Commissioner Zahn asked for the list of improvements to be attached to the motion. The applicant stated she did not have a problem with the request for attachment. Commissioner Owens accepted the amendment to the motion and Commissioner McMillon accepted the amendment to the motion and seconded the amendment. Chairman Young made reference to the list of 13 Specific Use Permit Evaluation Criteria and stated he had some concerns regarding the request. His concern was the pattern the area was taking and although the applicant's intention was to make the property look nice, he felt the proposed car lot would be a "bandaid" on what was already in the area. He preferred to see re-development of the property rather than a car lot be in a Dairy REASONS SUPPORTING PROPOSALS We purchased the property at 1610 W. Euless Blvd.on April 2, 1996 to open a used car business. As we understand, obtaining a "Specific Use Permit" is necessary to comply with the City zoning ordinances and regulations. The property is presently improved with a building and paved lot. The improvements are in poor condition and refurbishing them is necessary. With city approval for a specific use permit and the proper building permits, we plan to make the following improvements to the property; * Remove the old chain link fence from the south, east, and west sides of the property and replace it with a four (3)inch round twenty four (24) inch high pipe rail. * Remove the chain link fence on the north side of the property for refurbishing the area where a substandard two foot wall exists and replace with a screened chain link fence. * Install twenty-two (22) feet high halogen lights around the entire property for security and safety. * Install landscaping that meets or exceeds City standards. Provide irrigation to the landscaped area. * Refurbish the existing sign by replacing the facing and painting * Demolish the 16 ft. x 13 ft. portion of the building on the northwest side of the building and replace with two display parking spaces. * Repave the existing paved surface * Stripe the parking area * Paint the outside building and canopy with complimentary colors * Replace the existing roof on the building * Remodel the interior of the building by: * removing, replacing, and painting ceilings * providing four offices for employees and a comfortable customer area. * replacing existing sinks and'commodes in bathrooms and providing a larger door opening to facilitate disabled customers. * replacing the existing heating and airconditionipg system * recarpeting and painting • • • • ' removing paint from the glass windows and place blinds in the windows • for shading * replacing light fixtures examine electrical system and repair as necessary. We have owned several businesses through the years and know the importance of having an aesthetically pleasing business site. This is not only important to customers, but it also attributes to the pleasantness of the surrounding community. Furthermore, upgrading is detrimental to the growth of an area. It contributes to higher real estate values and attracts more customers. Over the past two years we have sold cars and trucks and financed vehicles to assist our nephews in beginning their used car business in Watauga. The business has been very successful. The quality of automobiles we sold there, and will sell in Euless, include newer models of cars and trucks from one (1) to six (6) years of age. The rise in prices of new automobiles has increased the demand for newer used vehicles. We have also found the sell of recent model vehicles requires less maintenance for the business owner and has a greater impact on customer satisfaction. Newer model vehicles on a car lot upgrade the business and increase visual appeal to the customer and surrounding community. The economic growth of the business community near and around us has been limited. However, we believe the addition of the new Euless Park, the expansion of Highway 10, and the proposed expansion of F.M. 157 from S.H. 10 to Green Oaks Blvd.in Arlington will have a positive effect on the area. Furthermore, the addition of our business to the area should have a positive impact on other business owners. We will require services and goods from local mechanics, repair shops, • tire stores, auto part stores, service stations, and eating establishments. Referrals to our customers should also boost other businesses in the area. We appreciate your consideration in authorizing a Specific Use Permit for a.used car sales business. Thank you for your time and interest with this matter. • • PLANNING AND ZONING COMMISSION MEETING - PAGE SIX MAY 21, 1996 Queen therefore, he contended this proposed car lot would be an impediment to orderly development and not compatible with the neighborhood. Chairman Young encouraged the members of the Commission to consider the Evaluation Criteria prior to voting. He stated he could not lend his support to the approval of this Specific Use Permit. The vote was follows: Ayes: Commissioners Owens, McMillon, Zahn, Bright Nays: Chairman Young The motion carried. ITEM II. PUBLIC HEARING - FENCE VARIANCE #96-14-FV - COVINGTON HILLS Request of JiSook Lee and Jummy Choi for a variance to Planned Development #1092 located at 804 Devon Drive; more specifically described at Lot 1, Block A, Covington Hill Addition Randy J. Byers, Director of Public Works and Development, introduced the fence variance. He stated the request had gone through the development review process and the Development Review Committee had recommended denial because of the boulevard type entry. The DRC opinion was the boulevard entry was designed to give maximum green space and open area to the entry. He stated by granting this request the entryway would not be as aesthetically pleasing as the design intended. Chairman Young explained the rules governing a Public Hearing. He reminded the Commissioners of the three items listed in their packets to assist them in granting a variance. Chairman Young opened the Public Hearing for Fence Variance #96-14-FV. JiSook Lee, 804 Devon Drive, stated she and her mother, Jummy Choi, was requesting relief from the City of Euless Ordinance 804, Section Ill, 3.1 for her residential property. She stated she believed the three requirements for granting a fence variance had been met. She did not think the variance would adversely affect the interest of the City. Also, she stated the fence was outside of the side yard and the location of the fence did not, in any way, interfere or adversely affect the pedestrians. Ms. Lee stated the fence did not hinder the visibility of the passing traffic. She informed the Commissioners that Kevin Mercer, Building Official, had examined the visibility and confirmed the fact. She stated the granting of the variance would not adversely affect the neighboring property owners and the hardship on the land was not a personal or self-created hardship. Ms. Lee stated when she purchased the home the fence was part of the purchase contract with the builder. She stated the fence provide several important functions to her home and family PLANNING AND ZONING COMMISSION MEETING - PAGE SEVEN MAY 21, 1996 including: Security, privacy, and property value. Chairman Young offered the opportunity for any proponents to speak, there being none he asked for opponents to the case to speak. Vincent Bassett, Member of Covington Hills Neighborhood-Homeowners Association, spoke as an opponent to the fence variance request. He stated his point of contact with the City is Jenny Kratz. He stated there have been complaints regarding the fence at the monthly block meetings. Mr. Bassett stated he was not properly notified regarding the Planning & Zoning meeting. He felt as though the communication process between the City and himself had broken down. Mr. Bassett stated the fence was unsightly and erected illegally. He stated the fence was not built when the property was the model home. He also did not approve of the fence being painted white. Mr. Bassett wanted to go on record as saying Ms. Lee and her mother were not members of the Homeowner's Association. Ms. Lee interrupted by stating she had a receipt showing she had paid her Homeowner's dues. Mr. Bassett informed the Commissioners he had tried to contact the homeowner at night, but Ms. Lee did not answer the door. Ms. Lee stated since she and her mother live alone, they do not answer the door at night when they do not know the person at the door. He stated the entrance into the neighborhood was uneven because the two fences are different. Mr. Alan Johnston, 1004 Tennison, and David Shanahan, 807 Peterstow, also voiced their opposition to the fence variance. They both stated their neighbors had contacted them regarding concern for the unsightly fence. They asked the Commissioners to disapprove the fence variance. Mr. Shanahan made reference to another case involving a fence variance that was handled differently and stated the City should be consistent in these cases. Mr. Bassett spoke again and stated if he had been contacted he would have brought pictures of the fence. Mr. Bob Lexould, 1012 Becker, stated his concern was if the Commissioners granted this fence variance, then it would become more difficult to say no to another. He felt this would eventually cause the neighborhood to look different than what was originally planned. He stated the entrance would look like an alley if the property across the street was allowed to also get a fence variance. There were other visitors present from Covington Hills that raised their hands in opposition to the fence variance. There being no other proponents or opponents, Chairman Young closed the Public Hearing. Ms. Lee made rebuttal and stated she was surprised at the number of neighbors in opposition to the fence. She apologized to the neighbors for not answering the door after dark. She informed the Homeowner's Association she had paid her dues and would produce her receipt. She maintained her need for the fence due to the reasons stated PLANNING AND ZONING COMMISSION MEETING - PAGE EIGHT MAY 21, 1996 in her presentation. There was discussion among the Commissioners. They were in one accord that the fence needed to be moved to come into compliance according to the City Ordinance. The fence is too close to the street and takes away from the open space at the entry way. However, the Commissioners informed the applicant there were no restrictions in reference to painting the fence. Commissioner Owens made the motion to deny variance #96-14 FV and the motion was seconded by Commissioner Zahn. The vote was as follows: Ayes: Commissioners Owens, Zahn, Bright, McMillon, Young Nays: None The motion carried. ITEM III. SITE PLAN #96-15-SP - INTERNATIONAL/REGIONAL INDUSTRIAL COMPLEX Request of Dave Cox for approval of a site plan for the construction of an office/manufacturing business within the 1-2 (Heavy Industrial) zoning district; located at 1351 Westpark Way; more specifically described as Lot 1C, Block C, IntemationaURegional Industrial Complex Randy J. Byers, Director of Public Works and Development, introduced the Site Plan request. He stated the Development Review Committee had reviewed the site plan and found the information provided to be consistent with the zoning and subdivision regulations of the Euless Unified Development Code and recommended approval. The applicant was not present at the meeting, therefore, there was no presentation. Chairman Ronald Young stated that Site Plan approval was a ministerial function. Commissioner Zahn made the motion to table Site Plan #96-15-SP due to the applicant not being present. Commissioner Bright seconded the motion. The vote was as follows: Ayes: Commissioners Zahn, Bright, Owens Nays: Commissioners McMillon, Young PLANNING AND ZONING COMMISSION MEETING - PAGE NINE MAY 21, 1996 The motion carried 3-2 to table. Chairman Young stated Site Plan #96-15-SP would be heard by the Planning and Zoning Commission on June 4, 1996. REPORTS: Rod Tyler, City Planner, reported on a series of workshops for Planning and Zoning Commissioners. These joint training workshops would be held once a month and each participating city would host one session. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:50 P.M. Chairman Ronald Young- /Date 052196mn.P&Z -or