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HomeMy WebLinkAbout1969-07-01 Regular Meeting glow Planning and Zoning Commission July 1 , 1969 CALL TO ORDER Chairman Leonard Weber called the regular meeting of the Planning and Zoning Commission to order at $:05 P. M, ? in the Council Chambers of Euless City Hall , with the following members present; Messers. Jack Browne, Bill Tench, Audie L. Morris, Jack Cline, Richard Leggett and Weber. (Absent: Mr. Harry J. Arth) Also present were City Inspector Jack Bullard and Recording Secretary Florence Murr. VISITORS Visitors present are listed, as foli9w+s: Messers. Paul Henderson, John Hale, James Wattenberger, Dave Anderton, Roy W. Mitchell , Ronnie Hourth and R. A. Reynolds. APPROVAL OF MINUTES Minutes of the regular meeting dated June 17, 1969, were approved as written. CONSIDERATION OF ZONING CASE NO. 192. REQUEST OF MR. GEORGE L. GORDON, JR. FOR REZONING 1 .49 ACRES IN J.P.HALFORD SURVEY, ABSTRACT 711 , FROM "Cl"- NEIGHBORHOOD BUSINESS DISTRICT TO "C-2" COMMUNITY BUSINESS DISTRICT. (PUBLIC HEARING HELD ON JUNE 3, 1969) Chairman Weber reminded members of the Planning and Zoning Commission that a public hearing was held on June 3, 1969, concerning the request of Mr. George L. Gordon for rezoning 1 .49 acres in the J. P, Malford Survey, Abstract 711 , from "C-1" Neighborhood Business District to "C-2" Community Business District -- that more detailed plans were requested by this Board, and Mr. Paul Henderson is present this evening to furnish additional information concern- ing this request. Mr. Henderson presented a detailed sketch indicating the interior of the structure which is proposed for this site, to be used for a business consisting of retail sale and repair of boats. Mr. Henderson advised that the tract in question is 150 feet wide, and the proposed structure is 78 feet wide, of haydite and brick veneer construction, with 12 foot plate glass windows across the front. Mr. Henderson advised that the proposed structure will be compatible to the one housing Shields Pharmacy, and that storage is proposed for the rear of the structure. In reply to a question concerning fencing of the property, Mr. Henderson advised that a chain link fence is proposed for their (Page Twc, r.:e 'Jar Meetin. Planning and Zonin. Commi sion Jul 1 1 ' •• :r:ot,-c4.i::s7 fr;,m theft and vandalism -- that a cypress fence can be constructed between the property in question and the Andrew Mimes property, if required. The City Inspector advised that a screening fenc 41 ' 1 not be required at this location until such time as the remainder of The tract is v:tilized -- at which time it must be properly screened from property zoned for residential usage. Mr. Browne asked when the Developers propose to start const:- :ntion of the proposed building. Mr. Henderson stated that this depends on the money r.,r` et -- that they would like to start within thirty (30) days; how- ever, they ari uncertain when the money will be made available to them. Mr. Tench asked how long it will take to complete the structure. Mr. Hale advised that the structure housing his drug store (Shields Pharmacy) was completed in approximately sixty (60) days. Mr. Bullard stated that this would depend on the builder -- that it should be built easily enough within ninety (90) days. Mr. Browne asked if six month would be ade- quate time for obtaining a commitment for construction of the building, Mr. Henderson stated that, in his opinion, . this would be pushing it pretty close -- that you have to have an established busi- ness to obtain a loan. Mr. Browne advised that, in his opinion, ten months to a year would be adequate time. Chairman Weber stated that the summer months are considered the season for boats and , in his opinion, the Developers should ire in a position to obtain a commitment within that length of time. Mr. Cline asked if Chrysler has provisions for obtaining money for their dealers. Mr. Henderson stated that the Chrysler Company has no provisions for advance monies for construction of a building to house the dealership. He stated further that this is a relatively new company in the marine business. Mr. Le99ett made a motion to recommend approval of the rezoning of 1 .49 acres in the J. P. Halford Survey, Abstract 711 (Zoning Case 192) , from "C-1" Neighborhood Business District to "C-2" Community Business District, with the following conditions: 1 . A commitment for construction of a building which meets all City specifications must be obtained within a period of nine months , and Planning and Zoning Commission, July 1 , 1969) 2. S'.'-as'::lrt; cL struction of the building must be started within 3 period of twelve months from date of approval of the rezoning. Mr. B r se ond.d tr.e motion, and the vote is as follows: a , MQSCEri. Leggett, Browne, Tench, Cline and Morris Nays: N•ebe :hairrc:a-� W.:ber derl,Ared the motion carried. The City Inspector advised Mr. Henderson to furnish e ? Bv-t^.00r,s ad additional copies of the floor plan and lay-out presented this eve%! ,c. Ar. B;:: ' lard stated that these plans should be submitted to his office pri r p:iibIic hearing to be held before the City Council . II . REQUEST FOR SPECIAL PERMIT FOR CONSTRUCTION AND OPERATION OF FRUIT AND VEGETABLE STAND ON HIGHWAY i83, MR, BOB REYNOLDS Chairman Weber recognized Mr. Bob Reynolds, who advised that he and his associates recently constructed an open*air fruit and vegetable stand on the South side of Highway 183, adjacent to Fireside Inn '- that they were not aware that this was in violation of the zoning ordinance until this date. Mr. Reynolds stated that tomato growers cannot sell their product •- that he and his associates proposed to operate the open-air stand for a profit and to help the growers. Mr. Reynolds advised that he is present at this'meeting to request a temporary permit to operate at this location, at least through the forthcoming holiday weekend. Mr. Reynolds stated that building materials were purchased in the City of Euless, the product to be sold comes from Euless and the profit made from the operation will be spent in the City of Euless. Mr. Reynolds stated that he was aware permits must be obtained for construction of a permanent structure, but he was not aware of the necessity for a produce stand. Chairman Weber advised Mr. Reynolds that he is placing members of this Board in a very difficult position -- that construct- ing a building without a permit and extending utilities to the structure is in violation of the City's Building Code. Mr. Tench asked how long it would take to legalize the proposed operation. The City Inspector advised that only the City Council can make it legal -- that there is no place for this type of structure -- that the property is zoned "C-2" Community Business, which requires all masonry structure -- that waivering of this requirement will be necessary by the City Council . Mr. Browne stated that, in his opinion, a decision concerning this request should be left to the City Council . (Page Four, r Ma tiriq, Piannin and Zoning Commission, July 1 , 1969.) Mr. Reynolds advised that the Fourth of July is one of try" L ' gest eeekands for this type of business operation -- that they have been instructed to start removal of the structure no later than July 2, 1969, and they would like permission to operate through this weekend. Mr. Browne stated that, in his opinion, Mr. Reynolds sr ee g i ve,i the benefit of presenting this case to the City Council . Mr. Bullard advised that the proper procedure would be f_.r M . Reynolds to present a letter to the City Manager requesting to appear t± -- that the City Manager does not have authority to act on this r�e°. est except to dace it on the agenda for Council consideration. Mr. Bullard advr's-;d that he advised these gentlemen that they could appear before the Planni°,Q and Commission -- that he gave instructions to remove the structure end hae no e' t ,'rity to allow its completion or operation of a business from it. Mr. Bs°, lard advised that the proper procedure is to warn people when they are in violation of e City Ordinance and allow them to rectify their mistakes, then to start giving tickets unless requirements have been met. Chairman Weber stated that Mr. Reynolds and his associates are in violation of a City Ordinance -- that they have been instruct- ed by a representative for the City to cease operation, and this Planning and Zoning Commission has no prerogative -- that, in his opinion, only the City Council can act on this matter. Chairman Weber recognized Mr. Dave Anderton, who stated that five years ago he opened the Fireside Inn, and the day before business was to commence, Mr. Bullard came and advised that it couldn't be opened. Mr. Anderton asked how the City knows who to pick on and stated that there are other businesses of this type (produce stands) in the City, but he and his associ- ates are placed in the position of having to tear this one down. Chairman Weber advised Mr. Anderton that the Planning and Zoning Commission does not make the policies -- that this ordinance was passed and approved by the City Council and only the City Council has authority to waiver its requirements. Members of the Commission were in agreement that action on this matter should be taken by the Euless City Council -- that Mr. Reynolds should present a letter to the City Manager, requesting to appear before the City Council . Mr. Anderton advised that he proposes to operate a barbecue place from an existing former residence located In a C-2 zoning district and asked if it will have to be covered with masonry. Chairman Weber advised that, basically, all that will be required is a masonry front. The City Inspector advised that the Fire Code must be considered, particularly in a business of this nature -- that four hour exterior walls will be required. (Pa Zoning Commission, July l ^ 161,) � - .w ADJOURNMENT The meeting adjourned at 8:50 P. M. APPROVED: ATTEST: _ .-~~~-- Chairman Secretary fsm � �bow