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HomeMy WebLinkAbout2000-06-06 PLANNING AND ZONING COMMISSION June 6, 2000 MINUTES PLANNING AND ZONING COMMISSION CONSIDERATION OF SCHEDULED ITEMS -COUNCIL CHAMBERS Chairman Robert McMilIon called the Planning and Zoning Commission meeting to order at 7:00 p.m. for the consideration of scheduled items. He stated that all seven members of the Planning and Zoning Commission were present. MEMBERS AND STAFF PRESENT MEMBERS ABSENT Chairman Robert McMillon Richard McNeese Bill Tarin Gene Sloan Mike Grove John Deithloff Ron Hughes Ogden "Bo" Bass, Director of Planning and Development Ron Young, Assistant Director of Public Works and City Engineer Michael Logan, Fire Marshall Donna Brown, Administrative Secretary VISITORS PRESENT Lin and Shirley Melson Della Ferris Gail Gomez Chris Smith Troy Fuller Tonie Ridgway Bobby and Michelle Goodson Tony Ritter Mark Melson Amy Brainard Bruce Brainard Claude and Laveme Hallmon Frankie Lindsey Martha Whiteley Manuel Gomez Connie Bales Ken Harp Bobby Chowdhury PLEDGE OF ALLEGIANCE AND INVOCATION: Commissioner Grove led the Pledge of Allegiance and Commissioner Tarin gave the Invocation. APPROVAL OF MINUTES: Commissioner McNeese made the motion to approve the minutes as presented. Commissioner Hughes seconded the motion. The vote was as follows: Ayes: Chairman McMillon, Commissioners McNeese, Deithloff, Grove, Sloan, Tarin, Hughes Nays: None The motion carried. C Planning and Zoning Commission Minutes Page 2 June 6,2000 REGULAR AGENDA ITEM 1 CASE #00-03-PD — PUBLIC HEARING REGARDING A PLANNED DEVELOPMENT AND CONSIDERATION OF RECOMMENDATION Request to change the zoning of James P. Ha!ford Survey, A-711, Tract 3D, 3E, and 3F from R-1 (Single Family Detached Dwelling District) zoning to PD (Planned Development based on C-1 Neighborhood Business District zoning with specific uses prohibited) zoning. This property is located at 403 Himes Street. Chairman McMillon opened the Public Hearing. Mr. Bo Bass, Director of Planning and Development, gave a description of the case and explained that the property was three (3) tracts. Mr. Bass stated that Ms. Shirley Melson had met with a number of the landowners and had come to some measure of agreement for the PD (Planned Development) zoning. He stated that the PD was the most effective tool to request that certain uses not be permitted on this site. Mr. Bass stated staff recommended approval. Mr. Troy Fuller, 1600 Laguna, Edgecliff Village in Ft. Worth, Texas, stated he was the commercial real estate broker for this property. He stated the Melson's asked him to represent them in trying to sell this property. He stated this property did not have the traffic for a convenience store and would not approach his clients for that type use. He stated the property would be nice for an office building, such as Southwestern Bell across the street. He stated he was born and raised in Euless and tries to present to his clients the type of businesses he would want on site. He stated he was involved in the sale of Mr. Jimmy Payton's project on Hwy. 10 and was most fortunate to work on the Texas Star project that was about a three year project. He stated that H.E.B. I.S. D. may be a possibility or some small office project. He stated any retail buyer would not be interested in this property because of lack of traffic. He stated he needed to step out due to another engagement, and would try to bring something to Euless that the citizens would be proud of. Chairman McMillon asked if there was any proponents/opponents that would like to speak regarding this case. Ms. Amy Brainard, 305 Lee Drive, Euless, Texas, stated her property backed up to the empty field of the Himes property. She stated that she had petitions against the C-1 and the PD signed by nearly everyone in the neighborhood. She stated that as a group they felt it needed to stay residential for privacy, and was not feasible to make it commercial. She issued a petition to the Commission. Mr. Lin Melson, stated he was the husband to Shirley Melson, and was in favor of the rezoning from R-1 (Single Family Detached Dwelling District) zoning to the PD (Planned Development) zoning. He stated that their interest was in preserving the log cabin part of the property, which had been donated to the City of Euless. He stated his wife had inherited the property almost nine years ago, and they had purchased the other 3/ of an acre from an Uncle about five years ago, and a % acre from an Aunt. He stated they had thought they might build a home there but for the past nine years paying taxes on it. He stated they had decided to sell the property by rezoning for a commercial piece and Planning and Zoning Commission Minutes Page 3 June 6,2000 have a control as to what actually would be placed on the property. He stated that they had received a copy of the UDC (Unified Development Code) pertaining to uses Cpermitted on a commercial zoning. Chairman McMillon closed the Public Hearing. Commissioner Deithloff asked if the sale of the property was contingent of the rezoning. Mr. Melson stated the sale was not contingent on the rezoning. Commissioner McNeese asked if there was a contract pending and Mr. Melson said no. Commissioner McNeese asked if they had met with the neighborhood to discuss the concerns of this property and Mr. Melson replied they had met with them a couple or three occasions. Mr. Melson stated there seemed to be a feeling that there was an agreement that they had some type of control over the property for its use. Mr. Melson stated that control over the type of land use was what they had intended when they decided to sell the property because it had been in the family for over 150 years. Commissioner McNeese asked if they had planned on developing the property as one parcel and Mr. Melson replied yes. Commissioner Sloan asked if the petitioners had seen the C-1 (Neighborhood Business District) zoning use table. Ms. Brainard stated that everyone was aware. Commissioner Sloan stated that he had understood that a business such as Southwestern Bell Mobile Systems was okay. Ms. Brainard stated that was fine for that side of Himes. Commissioner Sloan asked if Monday thru Friday, 8-5 was okay. She replied that would be fine, but no vehicles parked there for a long period of time, small ® business without a big parking lot would be okay. Commissioner Grove asked if there were any items particular that they had agreed upon and how in depth had the discussion been between the homeowners and the Melson's. Ms. Brainard stated she had met with Ms. Melson in the front yard and had not really agreed upon anything as of yet. Ms. Shirley Melson, 8605 Cado, North Richland Hills, Texas, stated she and her husband owned the property and did not want to put anything in there that would not be accepted. She stated that right now they would be putting the house up for sale because they cannot afford to keep the property because of taxes and insurance payments. She stated that 4 or 5 houses would be put in there if it was left like it is. Commissioner Grove asked if there was any type of agreement and Ms. Melson stated she thought there was but she was not aware of the petition until now. She stated that she was under the understanding that the homeowners were against uses causing traffic. Commissioner Tarin stated that he did not see this zoning change as being beneficial to everyone. Chairman McMillon stated the commission has three options and that would be; 1. Deny the case and go forward to City Council for approval. 2. Approve this case and forward to City Council for approval. C) 3. Table this case and come back to P&Z with some recommended uses with C- 1 zoning. Planning and Zoning Commission Minutes Page 4 June 6,2000 He recommended Ms. Brainard meet with the property owners again and come up with some zoning uses that would be feasible and accepted by the homeowners surrounding ® this property. Commissioner Hughes expressed his concern for the residents to have hope of any progress for a zoning use sufficient for all parties interest. Commissioner Sloan stated he would like to see the homeowners and the Melson's get together and come back on June 20, 2000 with a resolution. Commissioner Grove stated that approving a PD would not necessarily approve a particular type of business and that he would lean toward a denial. He stated that approving the PD would just prolong this request and would like to see the applicant and homeowners get together come up with a plan. He stated he was at a loss for a decision. Chairman McMillon stated he supported the decision to table in order to allow homeowners and applicant to work something out. Ms. Melson stated she had discussed with Ms. Brainard to set up a meeting with the neighborhood and go over some of the questions they had from a recent copy of the C- 1 zoning use chart and was present at 6:00 p.m., for a meeting that had been planned just before the 7:00 p.m. Planning and Zoning Commission Meeting of June 6, 2000. She stated only three or four people had shown up and she was not aware of the petition, at that time. CMs. Connie Bales, 434 Limestone Drive, Euless, Texas, stated there was a misunderstanding and she was not aware that the owner of the property was going to be at the 6:00 meeting. She stated she was under the impression that the meeting was going to held by city staff. She expressed that she had the business use matrix and was comfortable with the matrix and did not feel the need to be present. She asked the commission if a business such as a tattoo parlor would be permitted next to a Jr. High School. Mr. Bass explained that there are uses that require a SUP (Specific Use Permit) but schools are no different in the eyes of the law. He stated that morally sensitive businesses would not be permitted by a school or residential area. He explained the permitted use of alcohol by the state and city requirements not to be located within 300 feet of a school, church, or day care. He informed the audience that a PD could be anything that is agreed upon, for example; time of operation, Monday thru Friday, no vehicles stored over weekend, etc. Chairman McMillon asked for a motion. Commissioner Deithloff made the motion to table case #00-03-PD until June 20, 2000, to allow the homeowners and the property owner to work something out. Commissioner McNeese seconded the motion. The vote was as follows: Ayes: Chairman McMillon, Commissioners McNeese, Deithloff, Grove, Sloan, Tarin, Hughes Nays: None The motion carried. Planning and Zoning Commission Minutes Page 5 June 6,2000 ITEM 2 CASE #00-06-SUP— PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT AND CONSIDERATION OF RECOMMENDATION Request for a Specific Use Permit on Wilshire Village Shopping Center, Tracts A, B, and C, for expansion of an existing church located in the current TX-10 (Texas Highway Ten Multi Use District) zoning. This property is located at 1350 W. Euless Blvd. (Restoration Church). Chairman McMillon opened the Public Hearing. Mr. Bo Bass, Director of Planning and Development, gave a brief description of the existing church expansion located at 1350 W. Euless Blvd. He stated the church intends to occupy the property as church activity in the future. He stated one single SUP for the property for church related uses should occur and certain limitations, which would be no retail uses on a time limit, which had been discussed. He stated there were concerns regarding the Fire and Police Department. He asked Mr. Ron Young, Assistant Director of Public Works and City Engineer to discuss those issues. Mr. Young stated an alternate design for firelane was needed to give an equivalent pavement section to what the concrete requirement would be now using the asphalt as a base with a minimum of a 4 inch concrete being provided for a firelane. The other parts of the parking area would remain asphalt and the other areas that failed inspection would be completely removed, subgrade areas reworked and repaved. He stated the church agreed to overlay the parking lot and restripe the complete site. He stated the primary focus was to have adequate firelane for the facility. Mr. Bass pointed out the table of improvements proposed by Pastor Harp: 1. Reroofing of building#2. 2. Raising of the complete building #4. 3. Reconstruction of the sign band on buildings#1, #2, and #3. 4. Repainting of buildings#1, #2, #3. 5. Make all necessary exterior repairs of buildings#1, #2, #3. 6. Construct a new monument sign. 7. Owner stated he agreed to comply with all handicap parking requirements as per occupancy facility for increases. 8. Occupants are as stated in attendance of building #4 and selected tenants of building #3 to be relocated on site. The US Post Office in building #2 will be relocated to building #3. 9. The church will modify the facade to create an architecturally united look with progressive improvements over the next three years. 10. Each area in use will meet the fire code regulations with sprinkler systems and easement requirements. All such requirements and improvements will be determined as certificate of occupancies are registered. 11. Within five years the property will be meet current TX-10 zoning district standards (landscape). Mr. Bass stated staff recommended approval. Mr. Ken Harp, Executive Pastor of Restoration, 9312 Weeping Willow Drive, North Richland Hills, Texas, stated they had recently purchased the property about 18 months ago. He stated they had raised $950,000.00 in cash for a down payment. He stated they had plans to reroof and renovate the property. He stated they currently have $300,000.00 now and are working to raise about a $1,000,000.00 to complete all the Planning and Zoning Commission Minutes Page 6 June 6,2000 items Mr. Bass had mentioned. Mr. Harp stated that by the end of the year 2000 Wilshire Village Shopping Center would have a significant upgrade. Chairman McMillon asked for opponents/proponents, being none he closed the Public Hearing. Commissioner Hughes asked if there were current retail occupants in building #3. Mr. Harp stated that two of the occupants were long term and the others are on month to month leases. He stated the rent was around $5,000.00 per month which was enough to make their mortgage payments. Commissioner Hughes asked how long would they be there. Mr. Harp stated about three years. Commissioner Grove asked how many were in the congregation. Mr. Harp stated about 2,200 members. Commissioner Grove clarified with Mr. Harp that this project would be expended over the next four or five months. Mr. Harp stated that was correct. Commissioner Sloan asked how long the church had been at that site. Mr. Harp stated since 1985, which was only about 10,000 square feet initially. Commissioner McNeese asked how much of the space was vacant. He asked if 58,000 square feet sounded about right and Mr. Harp said yes, about 1/3. Commissioner McNeese stated he was excited about the project because it had been an eye sore and hoped that Mr. Harp understood his seriousness about the project. He stated the time table on the firelanes. Mr. Harp stated it would be within four months. Commissioner NcNeese expressed his concerns about getting the completed product as close to code as possible. Commissioner Deithloff asked if building #3 was part of the SUP. Mr. Bass stated building #3 would be removed from the SUP because he was not aware there was going to be retail. Commissioner Deithloff clarified that building#4 would be razed. Chairman McMillon clarified that staff had recommended going forward with the eleven items mentioned except in reference to building #3 and remove from SUP request. He stated the SUP should include the old restaurant building (2500 square feet). Commissioner McMillon stated that a three year review may be necessary. Mr. Harp stated he had one tenant with a five year lease. Commissioner Grove made the motion to recommend approval of case #00-06-SUP with the following stipulations: 1. SUP be limited to a three year term. 2. Building #3 be removed from the request and building#3 remain under the TX-10 zoning with the required parking spaces. 3. Buildings within the SUP exclude retail and wholesale uses. 4. The old Bonanza restaurant building west of building #3 be brought into the same exterior facade as building#1, #2, and#3. 5. SUP be limited to the Restoration Church congregation. Commissioner Sloan seconded the motion. The vote was as follows: Planning and Zoning Commission Minutes Page 7 June 6,2000 Ayes: Chairman McMillon, Commissioners McNeese, Deithloff, Grove, Sloan, Tarin, Hughes Nays: None The motion carried. ITEM 3 CASE #00-10-SUP— PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT AND CONSIDERATION OF RECOMMENDATION Request for a Specific Use Permit on Euless Town Center Addition, Block 1, portion of Lot 1-R, for rental of household goods and sale of used merchandise proposed to be located in the current PD 872 (Planned Development #872, based on C-2 Community Business District) zoning. This property is located at 1201 W. Airport Frwy. #150. Chairman McMillon opened the Public Hearing. Bo Bass, Director of Planning and Development gave a brief description of the case. He stated the applicant was requesting to rent equipment and used merchandise. Mr. Bass stated staff had presented other cases to city council previously which had been denied, therefore, staff recommended denial of this case. Tonie Ridgway, Value Sales Inc., doing business as R2O (Rent to Own) stated they provide a useful service and goods to the community. He stated the nature of the business is 28 to 32 percent of their product remains in the customers home until they own it. He stated the returned product is refurbished back to as close to new as possible. In most cases it is put back out on a lease or lease purchase. He informed the commission, very rarely would they junk rental merchandise and very few items are donated to charity or Goodwill. Chairman McMillon asked for opponents/proponents, being none he closed the Public Hearing. Commissioner McNeese asked where they operate other businesses. Mr. Ridgway stated San Antonio, Dallas, Abilene, Arlington and Odessa. Commissioner McNeese asked if there were similar locations. Mr. Ridgway stated 50 percent were in free standing buildings. Commissioner Hughes stated he appreciated this type business because he had to furnish his sons apartment for college. Commissioner Hughes asked what type of loading and unloading would be taking place. Mr. Ridgway stated most items are delivered. Commissioner Hughes asked what type of display for the windows. Mr. Ridgway stated they had used banners and would not use paint on the windows because it blocks the view for customers to see what is inside. Commissioner Tarin asked if they display outside on the sidewalk. Mr. Ridgway stated no, because they felt it did not set a good image. Chairman McMillon asked for a motion. Commissioner Hughes made the motion to deny the recommendation for case#00-10-SUP based on SUP criteria: Planning and Zoning Commission Minutes Page 8 June 6,2000 #8— The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity. #9— Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration, and visual blight. Commissioner Tarin seconded the motion. The vote was as follows: Ayes: Chairman McMillon, Commissioners McNeese, Deithioff, Grove, Sloan, Tarin, Hughes Nays: None The motion carried. Commissioner McNeese expressed his appreciation of working with Carol Griffith and wished her well on her new job. Commissioner Grove concurred and stated Mr. Bass is challenged to find an equal replacement for Carol Griffith. Mr. Bass stated it will be tough and she will be missed. ITEM 4 REPORTS ITEM 5 DIRECTOR'S REPORT There being no further business, Chairman McMillon adjourned the meeting at 8:35 P.M. wi abit , Aso Chairman Robert I Ion w Date C