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HomeMy WebLinkAbout1979-12-18 11:0) Regular Meeting Planning and Zoning Commission December 18, 1979 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:34 p.m. in the Council Chambers of Euless City Hall by Acting Chairman Carl Tyson. Other members present were Mrs. Helen Lightbody, Messrs. John Deithloff, Bob Eden, Robert McMillon, Bob Williamson, and Chris Jones. Also present were Director of Planning and Development Kent Flynn and Recording Secretary Becky Null. VISITORS Visitors in attendance were Mrs. Willie Mae McCormick, Messrs. James Knight, Rick Sizemore, Melvin Shuler, Neil Hupfauer and Ron Whitney. INVOCATION The invocation was given by Mr. John Deithloff. APPROVAL OF MINUTES Mr. Jones made a motion to approve the minutes of the regular meeting dated November 20, 1979, as written. Mr. Deithloff seconded the motion and the vote was as follows: Ayes: Mrs. Lightbody, Messrs. Jones, Deithloff, Williamson, Eden, McMillon, and Tyson Nays: None Acting Chairman Tyson declared the motion carried. I. PUBLIC HEARING - ZONING CASE 300 REQUEST OF NEIL HUPFAUER FOR CHANGE OF ZONING FROM "C-2" COMMUNITY BUSINESS DISTRICT TO "C-2 WITH SP" COMMUNITY BUSINESS DISTRICT WITH SPECIFIC USE PERMIT FOR COMMERCIAL AMUSEMENTS AND 41Z BAR ON TRACT B, SPACE #10, PLAZA GRANDE ADDITION, LOCATED WEST OF RAIDER DRIVE AND NORTH OF WEST EULESS BLVD. Page Two, Regular Meeting, Planning & Zoning Commission, December 18, 1979 Acting Chairman Tyson stated the rules of a public hearing; proponents will be heard first, and then opponents. He opened the public hearing. Mr. Neil Hupfauer, 1054 Regal Row, Dallas, Texas, stated that Space #10 is located to the extreme east of the Tom Thumb Shopping Center, the corner space next to where Nautilus was. He stated he previously operated the Drover Barbeque in Space #10, which was closed in February, 1978. Since that time he has attempted to sublease it. He further stated he has had no success to date, and the owners of the shopping center have not previously given their permission to the several serious people they had to lease the space. Mr. Hupfauer stated that he wants to open a restaurant with a bar and some game tables, pool tables, and pinballs. He stated that the Tom Thumb owners have agreed that this is probably the best use. He stated that the last 22 months he has been paying $1,500 a month, unable to sublease to anyone else. He stated the owners have agreed now and have signed this petition to have a special use permit issued to him. He further stated he has 34 months more on the lease. Acting Chairman Tyson asked Mr. Hupfauer how he anticipated sales as far as amusements, food and bar. Mr. Hupfauer stated that he will have a primary menu of pocket sandwiches. He estimated 40% food sales, 30% from game tables, and 30% from liquor. Acting Chairman Tyson asked what the hours would be and also what type of commercial amusement he will have in this particular space. Mr. Hupfauer stated the hours would be from 11:00 a.m. to probably 11:00 p.m. during the week and from 11:00 a.m. to midnight or 1:00 a.m. on the weekend. He further stated that he has drawn a preliminary plan that has 8 pool tables and 10 pinball machines. Acting Chairman Tyson asked Mr. Hupfauer if the parking to the east was the parking for this particular area. Mr. Hupfauer stated that was correct. Acting Chairman Tyson asked Mr. Flynn if there was designated parking for this area in the shopping center. Mr. Flynn stated that he has reviewed the number of parking spaces provided here and that it meets the code. Mr. Hupfauer stated that the parking to the east and those directly in front are for this area. Acting Chairman Tyson asked how many C square feet were in this particular area. Page Three, Regular Meeting, Planning & Zoning Commission, December 18, 1979 Mr. Hupfauer stated there was 3,492 square feet. Acting Chairman Tyson asked if there were any other questions. There being no further questions, proponents, or opponents, Acting Chairman Tyson declared the public hearing closed and opened the discussion to Planning and Zoning Commissioners. Mr. Eden asked if the specific use zoning would stay with the property from now on. Mr. Flynn stated that it does unless it is changed. Acting Chairman Tyson requested that the summary on the zoning case be made a part of the minutes (Attachment #1) . Acting Chairman Tyson stated his personal opinion is that this piece of property has the same problem as the piece of property in the Wilshire Shopping Center. The ingress and egress to this shopping center is right in front of this piece of property. He also stated it looks like a 30 foot wide, 2-lane ingress, egress. He feels that this type of operation should be in a free standing piece of property that does not create a hazard to the rest of the people in the area. He further stated he feels that this is not necessarily the place to have this type of establishment and goes basically with protecting the welfare of the rest of the citizens in this shopping center. Mr. Jones stated that should not the rest of the citizens be coming forward if they felt the same way. Acting Chairman Tyson stated that no other citizens who frequent the shopping center, other than property owners within 200 feet, were actually notified unless they saw it in the paper. Mr. Jones asked if we are to assume that they have this feeling. Acting Chairman Tyson stated his opinion is that the members of the Planning and Zoning Commission and City Council are representing the rest of the people and should do what the rest of the people really want. He stated that in his opinion, this particular transaction being in the shopping center where it has a heavily traveled ingress and egress is not for the general welfare of the City of Euless. Mr. Eden asked if they could make the specific use permit where it would be good just for that particular owner. Acting Chairman Tyson stated that it goes with the land and not the owner. Page Four, Regular Meeting, Planning & Zoning Commission, December 18, 1979 Mr. Deithloff brought up a question regarding similar establishments. I C Mr. Flynn stated that the "Sip-N-Nip" was in the same shopping center just west of Tom Thumb. He stated that it was basically a bar. Mr. Hupfauer stated that the "Sip-N-Nip" is a bar with a dance floor and also has games. He stated that back in March "Sip-N-Nip" expanded their facilities because of the amount of volume they were doing with the games. He stated he is requesting a III special use permit in order to do business to pay rent and several facilities in the community are doing business just the way he would want to. He stated if he understood right, if he eliminated the games, he could still open and sell liquor which would still have traffic and require the 35 parking spaces, and it would still have a 30 foot ingress and egress. He stated he does not feel there is much difference. He stated there is not much nighttime traffic through the shopping center. He stated he does not see the traffic problem in the evening hours and that the evening hours make up the difference of being able to operate a viable business. He stated that if the "Sip-N-Nip"is able to do that, he does not see why he cannot do it. He stated that he has 29 of the 35 spaces to the side, where "Sip-N-Nip" has all of their's in front where all the traffic is. He feels he would have less of a traffic problem. He stated that "Sip-N-Nip" was allowed to expand their game room. He wanted to know why that is a problem for him and not for "Sip-N-Nip". Acting Chairman Tyson stated he felt that Mr. Hupfauer brought up a good point and wonders if "Sip-N-Nip" has the zoning that they need for that establishment. He stated he was not aware of any zoning that came before this board that gave them that zoning. He stated that they must be a non-conforming use and should be checked out. Mr. Flynn stated that they could possibly have gone into business before the ordinance required them to have a specific use permit. He stated that it was added to the ordinance and he did not know the exact date, but he could check it out. After discussion between the board members, Acting Chairman Tyson asked Mr. Flynn to find out what "Sip-N-Nip" is zoned and if it was conforming. Mr. Flynn stated that the specific use permit is only required if the main purpose of the establishment is a drinking establishment ,and for commercial amusements. There was some discussion on whether to table the zoning case. Acting Chairman Tyson stated that if it was the concensus of the board, they could table the case until they found out the status zoning of the similar establishments. Page Five, Regular Meeting, Planning & Zoning Commission, December 18, 1979 There was some agreement to knowing the status of "Sip-N-Nip" first. Acting Chairman Tyson opened the floor to a motion. Mr. Deithloff made a motion to approve Zoning Case 300 as presented. Mr. Jones seconded the motion and the vote was as follows: Ayes: Messrs. Deithloff and Jones Nays: Mrs. Lightbody, Messrs. Eden, Tyson, Williamson and McMillon Acting Chairman Tyson declared the motion denied. Acting Chairman Tyson requested Mr. Flynn to find out if "Sip-N-Nip" is in compliance with the zoning ordinance and give the information to the Planning and Zoning Commission and City Council. II. PUBLIC HEARING - ZONING CASE 301 IC; REQUEST OF RICHARD SIZEMORE FOR CHANGE OF ZONING FROM "C-2" COM- MUNITY BUSINESS DISTRICT TO "C-2 WITH SP" COMMUNITY BUSINESS DISTRICT WITH SPECIFIC USE PERMIT FOR USED CAR SALES ON TRACT 1E6, A. J. HUITT SURVEY, ABSTRACT 684, LOCATED WEST OF VINE STREET AND NORTH OF WEST EULESS BOULEVARD Acting Chairman Tyson stated the rules of a public hearing; proponents will be heard first, and then opponents. He opened the public hearing. Mr. Eden stated that he owned property near this establishment and felt it would be in order to step down from hearing this case, and he did so. Mr. Rick Sizemore, 424 W. Euless Blvd. stated that he was going to handle used cars. He stated the building would be 25 x 45 feet, metal with brick facing with a 2-door stall - 10 foot doors - and an office to the west of the stalls and will be in the same building. He stated it will have a men and women's restroom. He stated the hours will be Monday through Saturday from 10:00 a.m. to 7:00 p.m. He further stated that the land has not been platted, and that he is waiting until this is over before he goes any further. He stated he plans to asphalt the front and curb and gutter and whatever else needs to be done to comply with the City ordinance. Page Six, Regular Meeting, Planning & Zoning Commission, December 18, 1979 Acting Chairman Tyson stated that as a zoning request, the City will not require him to do this, so specifically , (09-.' as far as this specific use permit that he is requesting, any improvements will have to be tied in with the request of zoning. Acting Chairman Tyson asked Mr. Flynn if a building is put on this lot if Mr. Sizemore will have to plat it. Mr. Flynn stated that we have done that in the past, but since it is a one lot addition, it is questionable as to whether or not our ordinance is sufficient in that area. Mr. Sizemore stated that he did not want to do anything he did not have to do. He stated he is not planning on it unless he has to do it. He further stated he is going to asphalt the lot and build a permanent building, and as far as curb and gutter, it is whatever the City wants him to do. He stated he thought there was a law that he had to do that. Acting Chairman Tyson wanted to know if the crossroad that runs through the property is his back property line. Mr. Sizemore stated that his property line goes back to the trailer park which is back behind the crossroad. Acting Chairman Tyson asked what type automobiles Mr. Sizemore was planning to sell. C Mr. Sizemore stated it would be pickups from 1970-1975. Acting Chairman Tyson asked what the plans were for the garage. Mr. Sizemore stated it was for make- ready, that some cars may need a transmission or rear end and he needs somewhere he can work on them. Mrs. Lightbody asked how close the restaurant was. Mr. Sizemore stated it was next door. He stated he is also the owner of the restaurant and car wash. Acting Chairman Tyson asked if the lot was 48 feet 6 inches wide by 166 feet on Vine Street and 201 feet against the restaurant. Mr. Sizemore stated that was correct. He also stated that he would have 15 to 16 cars maximum and normally around 10. C Page Seven, Regular Meeting, Planning & Zoning Commission, December 18, 1979 Acting Chairman Tyson asked where the building was going to be put on the land. C Mr. Sizemore stated it would be in the very back. Acting Chairman Tyson asked how important the two-stall garage was to the operations. Mr. Sizemore stated it was very important because tune-ups are too expensive to pay someone else to do it. He stated that the man who will be operating the place is a mechanic and it will save a lot of money. Acting Chairman Tyson wanted to know if "C-2" regulations will allow an automobile repair. Mr. Flynn stated as long as it is totally within a building and no outside storage of vehicles, it is allowed. He stated it was zoned "C-2" right now. Acting Chairman Tyson asked if there were any other questions. There being no further questions, no proponents or opponents, Acting Chairman Tyson declared the public hearing closed and opened the discussion to the Planning and Zoning Commissioners. Acting Chairman Tyson requested that the zoning summary for Case 301 be made a part of the minutes (Attachment #2) . Acting Chairman Tyson stated his concern about the working on the automobiles in an operation like that. He stated he feels that it is two separate operations, one a sales and one a repair. He also feels it would be better with just sales. Mr. Deithloff stated that the "SP" is for the auto sells only. He stated he felt it was appropo. Mr. Flynn stated that even if he did not submit this request, he could still have a repair shop there as long as it was enclosed. He stated the specific use permit will just regulate whether he will be allowed to sell cars. Mr. McMillon asked if the building was going to be on this one lot or go into the other lot. Mr. Sizemore stated he was going to try to get it on this particular lot. Acting Chairman Tyson asked if it was going to be 25 feet across the front or 25 feet deep. CMr. Sizemore stated it would be 25 feet deep. Page Eight, Regular Meeting, Planning & Zoning Commission, December 18, 1979 Acting Chairman Tyson asked if he was going to have a 48 foot building on a 45 foot lot. Mr. Flynn stated that he was going to have to comply with side yard and front yard requirements of the zoning ordinance. Acting Chairman Tyson stated that it would not fit then. He stated that he could go clear up to the property line on the west and up to 15 feet on Vine Street and 20 feet on W. Euless Blvd. He also stated that the maximum width for the building to be installed on this lot would be 33 feet. There being no further discussion, Acting Chairman Tyson opened the floor for a motion. Mr. Deithloff made a motion to recommend that Zoning Case 301 be approved as submitted. There was no second to the motion. Acting Chairman Tyson asked if he could offer an amendment to the motion. Mr. Deithloff stated that Mr. Sizemore came to ask for a specific use permit to allow for auto sales. He stated they approved Zoning Case 299 last month which was similar to this. Acting Chairman Tyson stated it was the same except for the improvement of the property. Mr. Deithloff stated that improvement of property is up to the individual as to how much improvement he wants to make and can afford. Acting Chairman Tyson stated that he feels the requirement for resurfacing should be made a part of the motion. Mr. Flynn stated that he wanted to clarify the statement that the property would not be platted. He stated that it is the City's intention that all property in the City of Euless be platted and brought into compliance with the subdivision rules and regulations. He stated that anyone subdividing a parcel of land into more than one part has to plat and bring it into compliance with subdivision rules and regulations by state laws. Since this is one lot, it will not be subdivided and therefore, we have a problem. Normal procedure is that we would require platting. He stated that staff would feel better if the status of future improvements was clarified in the motion. Mr. Flynn stated that if they were to try to put a building on more than one lot, it would not be allowed. He stated they would have to replat and would have to come into compliance with subdivision rules and regulations. He stated it would be the City's standard procedure to require platting before a building permit is issued. Page Nine, Regular Meeting, Planning & Zoning Commission, December 18, 1979 Acting Chairman Tyson asked if the specific use permit is approved for the sale of used cars, if Mr. Sizemore will be required to plat the land and come in compliance as far as drainage and curb and gutter along Vine Street and W. Euless Blvd. Mr. Flynn stated that was correct. Acting Chairman Tyson asked what the requirements were for a used car lot as far as surfacing. Mr. Flynn stated that the City does not have a specific ordinance that relates just to the paving, but it is covered in the building permit. A minimum number of spaces is required to be surfaced to serve clientele for the business, but nothing requires the whole lot to be paved. Acting Chairman Tyson stated that there was still a motion on the floor. Mr. Deithloff made an amendment to the motion to recommend that Zoning Case 301 be approved with the requirement that the complete lot be surfaced by asphalt or concrete. Mr. Jones seconded the motion and the vote was as follows: Ayes: Mrs. Lightbody, Messrs. Deithloff, Jones, Williamson, Tyson and McMillon Nays: None Acting Chairman Tyson declared the motion carried. Mr. Eden then returned to his chair. III. CONSIDER PLATTING - PRELIMINARY & FINAL PLATTING OF LOT A-R, MUNICIPAL SERVICE COMPANY OF TEXAS ADDITION LOCATED EAST OF BYERS DRIVE, NORTH OF AIRPORT FREEWAY, AND WEST OF NORTH MAIN STREET Mr. Ron Whitney, representing Western 6 Motel, 1156 South Seventh Avenue, Hacienda Heights, California, was recognized. He stated there will be 118 units, 2-story wood frame. motel, with 143 parking spaces on the site. He stated the site itself is approximately 80,000 square feet or about 1.88 acres. He stated there will be no food service. He stated the manager lives on site and all laundry is done on site. C Page Ten, Regular Meeting, Planning & Zoning Commission, December 18, 1979 Acting Chairman Tyson read the letter 4C; written to the Planning & Zoning Commission from Kent Flynn and is made a part of the minutes (Attachment #3) . Acting Chairman Tyson asked if there were any other questions. There being none, the floor was opened for a motion. Mr. Eden made a motion to recommend to the City Council that the preliminary and final plat of Lot A-R, Municipal Service Company of Texas Addition be approved. Mr. McMillon seconded the motion and the vote was as follows: Ayes: Mrs. Lightbody, Messrs. Eden, McMillon, Williamson, Jones, Tyson and Deithloff Nays: None Acting Chairman Tyson declared the motion carried. IV CONSIDER PLATTING - PRELIMINARY & FINAL PLATTING OF LOT 7-R, FULLER ADDITION, LOCATED WEST OF NORTH MAIN STREET AND CSOUTH OF FULLER STREET Acting Chairman Tyson recognized Mr. Melton Shuler, 2225 E. Randol Mill Road, Arlington, Texas, who stated he was the owner of this tract of land. He stated the large lot was originally platted and he bought two parcels to the west of the property and is replatting it in order to bring these other parcels into the subdivision plat. He stated the property contains one full lot 130 x 190 feet, plus 9 feet of a residential lot. Acting Chairman Tyson asked Mr. Shuler if he had any plans for this piece of property. Mr. Shuler stated he still has plans for a restaurant, but has not signed an agreement. He stated he is still working with Western 6 Motel in providing restaurant facilities close to this. He stated the ingress and egress will be between them with a mutual crossover easement agreement. Acting Chairman Tyson read a letter from Kent Flynn to Planning and Zoning Commission members and is made a part of the minutes (Attachment 4) . Mr. Jones made a motion to recommend to the City Council that the preliminary and final plat of Lot 7-R, Fuller Addition be approved as submitted. C Page Eleven, Regular Meeting, Planning & Zoning Commission, December 18, 1979 Mr. Williamson seconded the motion and IC; the vote is as follows: Ayes: Mrs. Lightbody, Messrs. Jones, Williamson, Eden, Tyson, McMillon and Deithloff Nays: None Acting Chairman Tyson declared the motion carried. Mr. Shuler asked for confirmation as to when these two plats will be on the City Council Agenda. Mr. Flynn stated they would be on the December 27th agenda. V. LETTER FROM RICK BARNES Acting Chairman Tyson stated he received a letter from Rick Barnes polling members feelings on zoning change on South Main near Whitener Road. Mr. Eden stated he did not believe they could give an opinion before it is submitted. CMr. Deithloff stated he did not feel it was appropo. Mr. Jones stated he did not feel they could issue an official opinion, but feels they can issue individual opinions to him, but would not think it appropriate to say anything official. After discussion among the members as to the pros and cons of setting such a precedent, Mr. Jones made a motion not to allow an informal discussion of proposed zoning changes as a group. Mr. Eden seconded the motion and the vote was as follows: Ayes: Mrs. Lightbody, Messrs. Jones, Eden, Williamson, Tyson, McMillon and Deithloff Nays: None Acting Chairman Tyson declared the motion carried. C Page Twelve, Regular Meeting, Planning & Zoning Commission, December 18, 1979 VI. ELECTION OF CHAIRPERSON Mr. Flynn stated he has received inquiries pertaining to the election of chairperson. He asked the members if they want to hold an election or continue under the present situation. Mr. Jones stated that he feels they should definitely have a formal election. Mr. Flynn stated that it would be up to the members to determine when. Mr. Jones made a motion to hold the election at the next meeting. Mr. Eden seconded the motion and the vote was as follows: Ayes: Mrs. Lightbody, Messrs. Jones, Eden, Williamson, Tyson, McMillon and Deithloff Nays: None Acting Chairman Tyson declared the motion carried. VII. INFORMATION ABOUT WORKSHOP Mr. Flynn mentioned that there will be a planning and development workshop at University of Texas at Arlington sponsored by the Institute of Urban Studies, and that he will send a copy of the letter to the members in case they are interested in attending. VIII. ADJOURNMENT There being no further business, the meeting adjourned at 9:25 p.m. APPRO, D: *V Acting Chai. an <zz