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HomeMy WebLinkAbout2021-04-20 P&Z Minutes CITY OF EULESS PLANNING AND ZONING COMMISSION APRIL 20, 2021 MINUTES A regular meeting of the Planning and Zoning Commission was called to order by Chairman Steve Ellis at 5:30 p.m. on April 20, 2021 in the Council Chambers of City Hall, 201 North Ector Drive. Chairman Steve Ellis, Vice Chairman LuAnn Portugal and Commission Members: Richard Barker, Curtis Brown, David Brown, Ronald Dunckel, and Eric Owens were present in the Council Chambers. During the Pre-Session Meeting: Senior Planner Stephen Cook reviewed the regular agenda. CLOSED SESSION The Planning and Zoning Commission convened into closed session at 5:40 p.m. for deliberation regarding the following: Seek legal advice from the City Attorney as authorized by Section 551.071 of the Texas Government Code related to: Agenda Item #2 — Specific Use Permit for an Amusement Service Not Elsewhere Classified. Chairman Ellis recessed closed session at 6:25 p.m. PLANNING AND ZONING CONSIDERATION OF SCHEDULED ITEMS — COUNCIL CHAMBERS The Euless Planning and Zoning Commission continued their meeting in the Council Chambers at 6:30 p.m. for consideration of scheduled items. STAFF PRESENT: Don Sheffield, Interim Director of Planning and Economic Development Stephen Cook, Senior Planner Jeanne Flores, Administrative Secretary Charles Anderson, Fire Inspector III Brett Bennett, Computer Services Specialist II Chris Barker, Deputy City Manager Wayne Olson, City Attorney STAFF PRESENT VIA VIDEO CONFERENCE: None VISITORS PRESENT: Sam Tenifa Dave Ryckman Deb Perryman John Willis Dennis Box Priya Acharya Ross Wood Catherine Butler Alex Laurence Page 1 of 9 Planning and Zoning Commission Minutes Page 2 of 9 April 20, 2021 VISITORS VIA VIDEO CONFERENCE: Craig Booth INVOCATION Commissioner Barker gave the invocation. THE PLEDGE OF ALLEGIANCE Commissioner Owens led the pledge of allegiance. ITEM 1. APPROVED PLANNING AND ZONING MINUTES Vice Chairman Portugal made a motion to approve the minutes for the regular meeting of April 6, 2021. Commissioner Dunckel seconded the motion. The vote was as follows: Ayes: Chairman Ellis, Vice Chairman Portugal and Commission Members: Barker, C. Brown, D. Brown, Dunckel, and Owens. Nays: None Abstention: None Chairman Ellis declared the motion carried. (7-0-0) ITEM 2. HELD A PUBLIC HEARING FOR SPECIFIC USE PERMIT CASE NO. 21-04-SUP AND RECOMMENDED DENIAL OF AN ORDINANCE Chairman Ellis opened the public hearing at 6:37 p.m. Stephen Cook gave a brief description of the case. Alex Lawrence represents Real Action Card Club, LLC which is located at 2700 S. Pipeline Road W. The business was issued a Certificate of Occupancy for a Membership Sports and Recreation Club in November 2020. Staff have revised their evaluation of the business and believe that the business is interpreted as an Amusement Service Not Elsewhere Classified which requires a Specific Use Permit within the 1-1 Zoning District. The applicant indicates that card games, billiards and darts are the regular games played for a membership and entry fee to the facility. In accordance with Chapter 84 -201 Off Street Parking, (h) Design Standards, (5) Joint Use, "Where a lot or tract of land is used for a combination of uses, off-street parking requirements shall be the sum of the requirements for each type of use and no space provided for one type of use shall be included in computing the requirements for any other use." The current site provides a total of twenty-seven (27) parking spaces. Based on square Planning and Zoning Commission Minutes Page 3 of 9 April 20, 2021 footage, the existing primary business requires sixteen (16) parking spaces, leaving eleven (11) spaces for the proposed use. Based on the number of games available with the use, staff does not believe eleven (11) parking spaces are adequate. With an observed six (6) card tables; three (3) dartboards and one (1) pool table, and applying a similar parking ratio to billiards / pool halls (Section 84-201, Parking Table 5A, item 26 of five (5) parking spaces per table/alley) this would require approximately fifty (50) parking spaces. After hearing from the applicant, if the Planning and Zoning Commission chooses to recommend approval of this Specific Use Permit, staff requests the following conditions: a. The Specific Use Permit is tied to the business name: Real Action Card Club, LLC; and, b. The Specific Use Permit is tied to the business owner: Alex Lawrence; and, c. This amusement and recreation service, not elsewhere classified may only operate between 12:00 p.m. (noon) and 12:00 a.m. (midnight), Sunday through Thursday and between 12:00 p.m. (noon) and 2:00 a.m. (next day) on Friday and Saturday; and d. A cross parking agreement in accordance with Section 84-201 (h)(7) must be provided. No parking outside of a designated parking space or on-street parking will be allowed; and, e. The property must be properly maintained in a state of good repair and neat appearance; and, f. Use of the property must comply with all federal, and state laws and regulations, and will comply with all ordinances, rules, and regulations of the City of Euless; and, g. The Specific Use Permit may be revoked if one or more of the conditions imposed by this permit has not been met or has been violated. Ms. Debra Perryman, representative for the applicant, gave a presentation. She mentioned that the applicant obtained a Certificate of Occupancy and has put a substantial amount of money into the location in order to meet the requirements set by the City. The applicant has also signed a lease with the property owner based on the issued Certificate of Occupancy. The applicant is requesting that the City allow them to keep the 7997 Membership Sports and Recreation Clubs Land Use classification as originally approved. Ms. Perryman went on to address concerns with the conditions set by the City of Euless: 1. They agree with the Specific Use Permit to be tied to the business name as oppose to an individual business owner's name. If the license needs to be tied to a person then they would like to have all three owners listed on the license. 2. The concern with proper security at the location is not an issue, as there are current security measures in place. There is no need for two security guards as this business does not maintain large amounts of cash. If the City would like to discuss the security measures in place the owner's ask that they do that in a private meeting. 3. The parking can be expanded if needed as there some green space that can be made into parking spaces. Also, if needed arrangements could be made with Planning and Zoning Commission Minutes Page 4 of 9 April 20, 2021 neighboring business to utilize their parking spaces. 4. The current hours of business are Monday — Sunday from 4:00 p.m. to 4:00 a.m. The applicants would like to keep the posted hours since these are the typical hours of operation for this type of business model. 5. The current conditions state that the Specific Use Permit may be revoke at any time if one or more of the conditions imposed by this permit has not been met or has been violated. The applicant would like to have that changed to allow notification of violation and given time to resolve said violation before revoking permit. Chairman Ellis asked if there were any proponents/opponents who wish to speak. Seeing none, Chairman Ellis closed the public hearing at 6:56 p.m. Commissioner Owens asked if the location is a BYOB establishment and if they have secured the mentioned additional parking from the neighboring businesses. Ms. Perryman answered that yes, BYOB is permitted and outside food is allowed. There is no alcohol served and there is no kitchen to prepare food. The applicants have reached out to the neighboring businesses and have gotten positive approvals. The additional parking spaces would be on adjacent parking lots and not on the street. Commissioner Owens inquired if the membership fees were the same no matter what activities a person participates in. Ms. Perryman responded that there are three levels of membership offered (daily, monthly, and annual) and an hourly rate to use the facility. The hourly rate is the same regardless of what type of activity is being played. Commissioner Owens asked if the wagering done at the location was only done at the card tables and if there are any table limits set. Ms. Perryman confirmed that at this time the only wagering would be done at the card tables. The tables do have a starting buy in set at $200.00. Then it is an 80% of the big stack; in other words, $200 is the most that they can bring to the table and can rebuy up to 80% of the big stack. Commissioner Barker asked if the tables are managed by employees or if the players run the table themselves. Ms. Perryman stated that there is a dealer that will run the table for tips. The dealer is not an employee since the house is not taking a percentage. The tips are paid directly to the dealer and not the house. Commissioner D. Brown asked how many members the club currently has and how can someone obtain a membership. Ms. Perryman answered that there are currently 100 members. At any given time, there could be anywhere from 8 people to 40 people in the room at one time. The membership Planning and Zoning Commission Minutes Page 5 of 9 April 20, 2021 may be purchased at the door with proof of identification (driver's license) and the information is stored in a database at the location. In the future, there will be a membership card that will be issued and scanned when entering the location. Minors (under 18) are not allowed to become a member. Commissioner D. Brown has some concern about the allowing of under 21 members into an establishment that has a BYOB policy. Commissioner D. Brown also ask what the primary game was played at the location and wanted clarification on the onsite security. Ms. Perryman stated that the primary activity played are various types of card games with approximately 90% of them being poker. They also have darts, but at the moment with COVID restrictions, the dart leagues have been placed on hold. The onsite security consists of at least two of the owners (sometimes all three) onsite at any time as well as other security measures in place. There is no third-party security service at this time. Commissioner D. Brown asked if the owners are allowed to participate in the cards while at the location. Ms. Perryman stated that the owners are allowed to participate but they do not play as the house. The owners would be playing as a member. Commissioner D. Brown asked if fire arms were allowed on the premise. Ms. Perryman along with one of the owners stated that at the moment there are no Texas 30.06 or 30.07 signs posted at the location. The owners stated that the only allowed fire arms are those carried by the ownership. Since there are no signs posted regarding no fire arms allowed, a member could carry if they wished to. Commissioner D. Brown also stated some concern about the lighting, parking and safety of the area. Especially with people leaving with large amounts of cash in their possession. Ms. Perryman and the other owners stated that there are sidewalks around the building and lighting around the area. The members are also escorted out to their vehicles by one of the owners. Commissioner Dunckel asked what the percentages were to the types of memberships the club currently has and if they have gotten any push back from any of the neighboring properties. Ms. Perryman said that they are able to get that information for them but does not have it with her at this time. She did point out that there are no annual members at this time and guessed that there is a 50/50 ratio daily vs monthly members. Ms. Perryman also answered that there has been no push back or complaints from the neighboring properties. Vice Chairman Portugal stated concern about the business being a cash environment and the safety of the area, especially with the social media advertising that the business has done. Planning and Zoning Commission Minutes Page 6 of 9 April 20, 2021 There were no further questions or comments presented by the Commission. CLOSED SESSION The Planning and Zoning Commission convened into closed session at 7:22 p.m. for deliberation regarding the following: Seek legal advice from the Board Attorney as authorized by Section 551.071 of the Texas Government Code related to: • Agenda Item #2 — Case No. 21-04-SUP Chairman Ellis recessed closed session at 7:55 p.m. Commissioner D. Brown made a motion to deny Case No. 21-04-SUP for a Specific Use Permit on Ferguson Addition Block A, Lot 3; 2700 S. Pipeline Road W, Suite 300 for an Amusement Service Not Elsewhere Classified in the Light Industrial (1-1) zoning district. Commissioner Dunckel seconded the motion. The vote was as follows: Ayes: Chairman Ellis, Vice Chairman Portugal and Commission Members: Barker, C. Brown, D. Brown, Dunckel, and Owens. Nays: None Abstention: None Chairman Ellis declared the motion carried. (7-0-0) ITEM 3. HELD A PUBLIC HEARING FOR SPECIFIC USE PERMIT CASE NO. 21- 05-SUP AND RECOMMENDED AN ORDINANCE Chairman Ellis opened the public hearing at 7:53 p.m. Stephen Cook gave a brief description of the case. Craig Booth represents his franchise retail store, Uptown Cheapskate which he wishes to relocate to the Glade Parks development. The store is classified as a used merchandise store which specializes in purchasing and reselling clothing and accessories such as purses, bags and shoes. Customer's items are evaluated and purchased for cash or store credit. The stores do sell certain high-end items on consignment. The store is operated in a similar nature of existing stores within the adjacent Heritage Towne Center development adjacent to Glade Parks. Staff has received several letters from the neighboring Glade Parks Residential neighborhood opposed to a used merchandise store. These letters have expressed concern that the subject store will be more of a thrift store than what is usually termed as a "upcycling" retail store. As a franchise store, Uptown Cheapskate has other stores within North Texas including the communities of Addison, Arlington, Denton, Frisco, Fort Worth, Lewisville, Richardson, University Park and Watauga. The conditions as proposed below, Planning and Zoning Commission Minutes Page 7 of 9 April 20, 2021 as well as the applicant's business model indicate that the store will act as an appropriate retail location and not contain the perceived negatives that thrift stores tend to bring. The Development Services Group recommends approval of the Specific Use Permit with the following conditions: a. The Specific Use Permit is tied to the business owner: Uptown Cheapskate Glade Parks, LLC; and, b. The Specific Use Permit is tied to the business name: Uptown Cheapskate; and, c. All merchandise shall be displayed within the store and not exterior to the building; and, d. Any customer bringing items to be sold to the retail store shall bring such items interior to the store during business hours; and, e. No items shall be left exterior to the store. Any such items shall be removed in a timely manner; and, f. The Specific Use Permit may be revoked if one or more of the conditions imposed by this permit has not been met or has been violated. Mr. Craig Booth, the applicant, was present via Zoom. He insured the Commission that his store is not like other used merchandise stores. His stores only handle used high-end items and sell them at a discounted price. Chairman Ellis asked if there were any proponents/opponents who wish to speak. Seeing none, Chairman Ellis closed the public hearing at 7:56 p.m. Vice Chairman Portugal asked Mr. Cook if the applicant was comfortable with the conditions set by the City. Ms. Cook stated that he was. There were no further questions or comments presented by the Commission. Commissioner Owens made a motion to approve Case No. 21-05-SUP for a Specific Use Permit on Glade Parks Addition, Block K, Lot 4R1; 1220 Chisholm Trail, Suite 200 for a Used Merchandise store in the Planned Development (PD) zoning district with the conditions as presented. Vice Chairman Portugal seconded the motion. The vote was as follows: Ayes: Chairman Ellis, Vice Chairman Portugal and Commission Members: Barker, C. Brown, D. Brown, Dunckel, and Owens. Nays: None Abstention: None Chairman Ellis declared the motion carried. (7-0-0) Planning and Zoning Commission Minutes Page 8 of 9 April 20, 2021 ITEM 4. APPROVED REPLAT CASE NO. 18-02-RP Stephen Cook gave a brief description of the case. The applicant proposes to replat the above described property for commercial development in compliance with the C-2 zoning district. Easements have been modified and accurately reflected on the replat. A previously recorded cross access easement that is no longer relevant will be abandoned by the replat. The Development Services Group (DSG) has reviewed and certified that the application has met all of the information required for consideration by the City of Euless. Staff recommends approval of the replat. There were no questions or comments presented by the Commission. Commissioner C. Brown made a motion to approve Case No. 20-02-RP for a Replat of Farr-Pacific Addition, Block 1, Lot 1 R into Farr-Pacific Addition, Block 1, Lot 1 R1 Commissioner Barker seconded the motion. The vote was as follows. Ayes: Chairman Ellis, Vice Chairman Portugal and Commission Members: Barker, C. Brown, D. Brown, Dunckel, and Owens. Nays: None Abstention: None Chairman Ellis declared the motion carried. (7-0-0) ITEM 5. APPROVED SITE PLAN CASE NO. 21-02-SP Stephen Cook gave a brief description of the case. Frost Bank is seeking to construct a new bank structure with drive through service. The property had previously been the location of a restaurant. The former building has been razed and a new 5,377 SF structure will be constructed. A 1,212 SF canopy will be constructed over the drive through lanes. Access to the site will be made from two drive approaches. These will be made from the approximate location of the previous drive approaches from the eastbound frontage road of W. Airport Freeway and from Dock McGinnis Drive. Circulation around the building will allow the flow of internal traffic to access the building and lead counterclockwise around the building and through the drive through lanes. The new building will be set back further from the frontage road than the previous restaurant. Twenty-four (24) parking spaces will be provided surrounding the primary structure. The building will be clad in limestone brick and stucco in earth tones that fit the Frost Bank branding. Landscaping will be placed primarily in the streetyards facing both along the frontage road and Dock McGinnis. There are several older ornamental trees which will be removed for more native style hardwood trees including cedar elms and a variety of oak trees. Planning and Zoning Commission Minutes Page 9 of 9 April 20, 2021 The Development Services Group has reviewed the site plan and has certified that it meets City standards. Ms. Priya Acharya, representative with Wier&Associates, was present for any questions. There were no further questions or comments presented by the Commission. Commissioner Owens made a motion to approve Case No. 21-02-SP for a Site Plan for a Commercial Development proposed to be located on Westpark Professional Centre Addition, Block 1, Lot 1; 2051 W Airport Freeway. Commissioner D. Brown seconded the motion. The vote was as follows: Ayes: Chairman Ellis, Vice Chairman Portugal and Commission Members: Barker, C. Brown, D. Brown, Dunckel, and Owens. Nays: None Abstention: None Chairman Ellis declared the motion carried. (7-0-0) ITEM 6. PUBLIC COMMENTS There were no public comments presented. ITEM 7. ADJOURN There being no further business, the meeting was adjourned at 8:09 p.m. Ch`a+r-rhan Steve Ellis Date