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HomeMy WebLinkAbout1980-04-15 Regular Meeting Planning and Zoning Commission April 15, 1980 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. in the Council Chambers of Euless City Hall by Chairman Carl Tyson. Other members present were Messrs. John Deithloff, Robert McMillon, and Bob Eden, and Mrs. Helen Lightbody. Members absent were Messrs. Chris Jones and Bob Williamson. Also present were Director of Planning and Development, Kent Flynn, and Recording Secretary, Becky Null. VISITORS Visitors in attendance were Messrs. F. L. Schnell, R. 0. Bozeman, Lester Davis, W. R. Cothran, Bill Squire, Jim Ferris, Bill Sharbine, Bill Kecso, John Zempel, John Brogdon, James Knight, D. A. Breaker, Ron Haynes, Bob Pippin, Ron Sternfels and Rick Barnes, and Mesdms: Willie Mae McCormick, Belle Bozeman, Della Ferris, Fran Powers, Zella Steirwalt, Martha Head, Patty Whitfell, Jo Ann Sharbine, Neilda Johnson, Eleanor Kecso, Jerre Sizemore, Rose Zempel, Sue Parr, and Jo Ann Breaker. INVOCATION The invocation was given by Mr. Bob Eden. APPROVAL OF MINUTES Mr. Deithloff made a motion to approve the minutes of the regular meeting dated March 18, 1980, as written. Mr. McMillon seconded the motion and the vote was as follows: Ayes: Messrs. Deithloff, McMillon, Eden, Tyson and Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. I. CONTINUATION - ZONING CASE 307 - REQUEST OF JOHN ZEMPEL FOR CHANGE OF ZONING FROM "C-2" TO "C-2" WITH "SP" FOR COMMERCIAL AMUSEMENTS, DANCE HALL AND POOL HALL IN #18 WILSHIRE SHOPPING CENTER Page Two, Regular Meeting, Planning & Zoning Commission, April 15, 1980 Chairman Tyson explained that the public Chearing was held on March 18th. He stated that this is a continuation of the zoning case and is not a public hearing. He further stated that the audience would not be heard unless questions from the Board were directed to them. Mr. John Zempel, 2620 Greenwood Court, Bedford, Texas, stated that he got in touch with a real estate agent to look for another location, however, they could not find one. He stated he has been in touch with different committees in the City. He stated that he would not be counseling the youth, however, he would listen to their problems and then direct them to the proper authorities for help. He stated that he has contacted several youth ministers and have worked out a gospel night at the center. He stated that he has talked with Fran Powers. He stated that they will be open in the day for the youth to come and practice their music. Mrs. Lightbody asked Mr. Zempel if he has done this type of business before in another city. Mr. Zempel stated that he has not, but as a youth he went to a youth center. Mr. Deithloff asked Mr. Zempel how he plans to generate income. 0 Mr. Zempel stated that he plans to sell hot dogs, nachos, colas, etc. He stated that he also plans to charge $2.00 each time the youth come in and it is applicable towards food, games, etc. Chairman Tyson stated that he is not for sure that they have any more definite plans than they had at the last meeting. He stated that he felt there was a need for this type of activity. Mr. Eden stated that he felt Mr. Zempel had some good plans and the ability to carry them out. He stated, however, that he is concerned for the residents in the area having the zoning changed after they have moved in. Mr. McMillon stated that he feels the shopping center is for commercial establishments. Mr. Eden stated that he concurred with Mr. Zempel that there was no other building in the area that would accommo- date this type of activity. Mr. Deithloff asked if the commercial amusements, dancing and pool were the only activities Mr. Zempel proposed that would require a specific use permit. Mr. Flynn stated yes that they were the only items. Page Three, Regular Meeting, Planning & Zoning Commission, April 15, 1980 C Chairman Tyson asked Mrs. Fran Powers if she had worked with Mr. Zempel on this project, and how his plans work with the plans of the Council of Social Concerns. Mrs. Fran Powers, 517 Himes Drive, stated that his plans are working exactly with the Council of Social Concerns' if they are carried out the way Mr. Zempel explains that they will be. She stated that in the shopping center there is a bowling alley, a theater, and an arcade which are all fun activities and noisemakers. She feels that the music idea, a place for the youth to practice with their bands in the summer, is good. She stated that Mr. Zempel has gone along with the Council of Social Concerns on what their idea of a youth center should be and what it should accomplish. She stated that there will be a board of students to see that the youth are following the rules of the youth center. She stated that there will be an adult board comprised of a group of parents to overlook the student board. Chairman Tyson asked what the rules would be. Mrs. Powers stated that there will be no gambling, no drinking, no drugs, no smoking, and shirts and shoes must be worn. She stated that they have taken a poll of the junior highs and the students stated that they do want rules and want those rules followed. Mr. McMillon asked if they have talked with students and whether they would like a program like this. 0 Mrs. Powers stated that they would love a program like this. Mrs. Lightbody asked Mrs. Powers if she felt the City did not offer sufficient activities for the youth. Mrs. Powers stated that she does not feel what is offered has worked. Chairman Tyson asked Mr. Zempel if he talked with the businesses on both sides of him in the shopping center. Mr. Zempel stated that he talked with Rossi's Restaurant and that he has a double concrete wall between him and Rossi's. He stated that he would have to insulate the windows. He stated that the mattress store on the other side is solely a warehouse. He stated that the wall is a single concrete wall on that side. He stated that the bowling alley has only a single concrete wall between it and the theater, and the noise does not seem to be a problem there. Mr. Eden asked about the traffic that will be generated. Mr. Zempel stated that he plans to attract the youth that do not drive. Page Four, Regular Meeting, Planning & Zoning Commission, April 15, 1980 Chairman Tyson read the purpose of the zoning ordinance. He asked Mr. Zempel if he would be willing to have some other restrictions placed upon this zoning request to insure that undesirable changes do not occur. Mr. Zempel stated that he would be willing. Mrs. Lightbody asked if the property is leased to someone else later if the "SP" zoning would stay. Chairman Tyson stated that it would retain the "SP" zoning and the same restrictions that are placed on the zoning would apply. Chairman Tyson stated that he sees some difference in the request presented tonight, however, they are not specific enough plans to make a decision. He stated that with enough safeguards it could be a workable plan. Mr. Eden asked that one of the opponents give their opinion on the changes made. Mr. James L. Ferris, 609 Commerce, stated that a lot of the kids have money and that a $2.00 charge each time they enter will not deter them from going out to the car to smoke or drink and then from going back in. He stated that he is really opposed to the location. He stated that the music would be too loud. He stated that he would devote some of his time to finding another location. Chairman Tyson asked Mr. Zempel who was going to own the vending machines and whose name is going to be on the lease. Mr. Zempel stated that his name alone will be on the lease. He stated that the machines will come from the Arcade which is located in the shopping center. He stated that the money will be split 50/50. After general discussion regarding who should work on the guidelines, Mr. Eden made a motion to table Zoning Case #307 until the May 6th meeting so Mr. Zempel, Mrs. Powers & Chairman Tyson could work out possible suitable guidelines. Mr. McMillon seconded the motion and the vote was as follows: Ayes: Messrs. Eden, McMillon, Tyson, and Mrs. Lightbody Nays: Deithloff Chairman Tyson declared the motion carried. C Page Five, Regular Meeting, Planning & Zoning Commission, April 15, 1980 II. PUBLIC HEARING - ZONING CASE 308 - REQUEST OF RON HAYNES FOR CHANGE OF ZONING FROM "R-1" TO "R-2" ON 6.736 ACRES OF TRACT 2, B. F. CROWLEY SURVEY, A-320 Chairman Tyson opened the public hearing and stated the rules of a public hearing; proponents being heard first and then opponents. Mr. Ron Haynes with Crow Development, 2001 Bryan Tower, Suite 3232, Dallas, Texas, stated they are requesting duplex zoning for 6.736 acres of land bound by East Ash Lane and Fuller-Wiser Road. He stated the property directly north of the subject property will be developed by Crow Development as single family residences. Chairman Tyson read the zoning case summary and it is made a part of the minutes. Mr. Eden asked Mr. Haynes if Crow Develop- ment plans to build the duplexes themselves. Mr. Haynes stated they have not made a decision on that yet. ® Chairman Tyson asked if there were any more proponents. There being none, he asked for any opponents. There being none, the public hearing was closed. Mr. Eden stated that he thought the "R-2" zoning is good. Chairman Tyson stated that what bothers him is that Ash Lane will be a major thoroughfare and is concerned about access to driveways from Ash Lane. Mr. Eden stated that platting should cover that. Mr. Flynn stated that final platting is the only device the City has to regulate the arrangement of the lots with regard to ingress-egress. Chairman Tyson asked if they could put restrictions concerning the egress and ingress at the time of platting. Mr. Flynn stated yes that these consider- ations were platting matters. He further stated that at this time Staff is opposed to lots having access off of a collector street. He assured the CCommission that Staff would make a recommendation for their consideration regarding this matter at time of plat approval. Page Six, Regular Meeting, Planning & Zoning Commission, April 15, 1980 Mr. Eden made a motion to recommend approval Cof Zoning Case #308 as presented. Mr. Deithloff seconded the motion and the vote was as follows: Ayes: Messrs. Eden, Deithloff, McMillon, Tyson and Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. III. PUBLIC HEARING - ZONING CASE 309 - OF FREELON D. TULLOS FOR CHANGE OF ZONING FROM "R-1" TO "I-2" WITH "SP" FOR HELIPORT OPERATIONS ON TRACTS 3 & 3A, R. CROWLEY SURVEY, A-312 Chairman Tyson opened the public hearing and stated the rules of a public hearing; proponents being heard first and then opponents. (Mr. Eden stepped down from hearing this case.) CMr. Flynn stated that the petitioner requested that the consideration for this zoning case be tabled until they conclude their coordination with FAA on this proposal. Chairman Tyson asked if there were any proponents. There being none, he asked if there were any opponents. Mr. Bill Squire, 1425 North Circle, Carrollton, Texas, stated that his father-in-law, Mr. Cothran, owns 40 acres to the west of the subject property. He stated that this zoning will decrease the value of Mr. Cothran's property and affect any proposed development on his tract. After some discussion, Mr. Deithloff made a motion to continue the public hearing for Zoning Case #309 at a future date and that property owners be notified again. Mrs. Lightbody seconded the motion and the I vote was as follows: Ayes: Messrs. Deithloff, Eden, McMillon, Tyson, and Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. C Page Seven, Regular Meeting, Planning & Zoning Commission , April 15, 1980 IV. 4C:17 CONSIDER PLATTING - FINAL PLATTING OF LOT 1, BLOCK 1, SOUTHLAND ADDITION LOCATED AT THE CORNER OF SOUTH MAIN STREET AND LANDOVER DRIVE Mr. Rick Barnes, 506 S. Mesquite Street, Arlington, Texas, stated they are presenting a plat for a convenience store and laundromat in Phase I of the Southland Addition located south of Landover Drive, east of South Main, and north of Whitener. Chairman Tyson read the Planning and Zoning Commission letter from Mr. Kent Flynn and it is made a part of the minutes. Mr. Deithloff made a motion to recommend approval for final platting of Lot 1, Block 1, of the Southland Addition as presented. Mr. McMillon seconded the motion and the vote was as follows: Ayes: Messrs. Deithloff, McMillon, Eden, Tyson and Mrs. Lightbody Nays: None CChairman Tyson declared the motion carried. V. NEW BUSINESS Several of the Commission members voiced their concern regarding the head shop that is allowed to operate in Euless. Mr. Flynn stated that in the City Attorney's legal opinion there is nothing the City can do at this time to prohibit this type of establishment. He apprised the Commission of the City Attorney's report via letter to the City Council dated October 17, 1979. Chairman Tyson stated that he felt the City should be able to adopt an ordinance to use until the City is taken to court to prove otherwise. Mr. Flynn stated that he thought if those with the legal knowledge felt like that was a good course to pursue, the City would have pursued that. Chairman Tyson stated that perhaps a Specific Use Permit could be required for this type of business. C Page Eight, Regular Meeting, Planning & Zoning Commission, April 15, 1980 After some discussion, Chairman Tyson stated he wanted Mr. Flynn to work on an ordinance and hold a public hearing at the May 6th meeting and prepare to make a request of action to the City Council. Mr. Flynn stated that he would be willing to explore the areas suggested, but would have to also include the legal pros and cons in any such report. He therefore asked if the Commission would prefer to look at the report prior to calling a public hearing. Chairman Tyson stated that he wanted it to be a public hearing so the Commission could be prepared to take some action. VI. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 p.m. ' 1(144".. ...---.4 Chairman C