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HomeMy WebLinkAbout2001-07-17 PLANNING AND ZONING MINUTES JULY 17, 2001 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Acting Chairman Grove at 6:30 p.m. for consideration of scheduled items in the Council Chambers in Building "B" of the Municipal Building. Acting Chairman Grove stated there were four members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT Acting Chairman Mike Grove Chairman Robert McMillon Bill Tarin Vice Chairman Richard McNeese Ron Hughes Gene Sloan John Deithloff Mike Collins, Director of Planning and Development Eric Wilhite, Planning and Development Manager Ron Young, Assistant Director of Public Works/ City Engineer Bill Ridgway, Director of Economic Development Mike Logan, Fire Marshal Karla Dickerson, Administrative Secretary VISITORS: Eduardo Garza, Jesucristo Es Mi Refugio • Garry Black, Eagle Golf, Inc. — Course Management for Westdale Hills Brett Fickey, Grubbs Infiniti George Grubbs III, Grubbs Infiniti THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Acting Chairman Grove and Invocation was given by Commissioner Tarin. APPROVAL OF MINUTES Commissioner Hughes made the motion to approve the minutes of July 19, 2001,as presented. Commissioner Tarin seconded the motion. The vote was as follows: Ayes: Acting Chairman Grove, Commissioners Hughes, Tarin and Deithloff Nays: None Abstention: None The motion carried. C Planning and Zoning Commission Minutes Page 2 July 17,2001 REGULAR AGENDA ITEM 1 CASE #01-08-SUP — HOLD PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE Receive public input regarding a request for a Specific Use Permit on Morrisdale Addition, Block 1A, Lot 1RW, for a church in C-2 (Community business district) zoning, and consider a recommendation regarding an Ordinance. This property is located on 4323 W. Pipeline Road, Euless, TX 76040. Mr. Mike Collins, Director of Planning and Development, gave a brief overview of this specific use permit request. Acting Chairman Grove opened the public hearing. Acting Chairman Grove asked for an applicant or representative to come forward. Mr. Eduardo Garza, Arlington, Texas stated he is the Pastor for the church wanting to locate at 4323 W. Pipeline Road, Euless, Texas 76040. ® Acting Chairman Grove closed the public hearing due to no proponents/opponents present. Commissioner Deithloff asked what the term of the lease is and when that lease will start. Mr. Garza stated the lease was for 12 months and starts August 1, 2001. Commissioner Tarin asked how large was the congregation and where they. were meeting at this time. Mr. Garza stated that they have approximately 50 in attendance and are currently meeting at 1350 Hwy 10, Euless, Texas next to the Restoration Church. Commissioner Tarin asked how long the congregation had been in existence. Mr. Garza stated they have existed for approximately 3 years. Commissioner Tarin asked who the owner of the center is for the location. Mr. Garza stated John Wilson is the owner. Commissioner Hughes asked if there could be any possible issues for parking availability with the other Church at the same shopping center area during the hours of meetings. Mr. Garza stated he has spoken with the Reverend (Oasis Worship Center, 4307 W. Pipeline Rd.) and they have agreed that since they are both small congregations now they do not see any problems in the future. Mr. Garza stated that Mr. Chown advised they may borrow some of his parking spaces also. Acting Chairman Grove asked what the standard meeting hours will be for the church. Mr. Garza stated hours for service are on Sunday morning from 9:00 a.m. to 11:00 Planning and Zoning Commission Minutes Page 3 July 17, 2001 a.m., Sunday evening from 6:00 p.m. to 9:00 p.m. and Wednesday evening from 6:00 p.m. to 9:00 p.m. Acting Chairman Grove asked should the owner of the center find a leasee that is a convenience store that would like to sell beer if this would be a particular affront to the congregation. Mr. Garza stated that the church would not have any problems with this situation. Commissioner Hughes motioned Case #01-08-SUP be approved with the following conditions: The SUP be tied to the current Pastor and the current name of the congregation. Time limit for the SUP be coincident with the 1 year tease and tied to the current owner of the facility, Mr. John Wilson. Commissioner Tarin seconded the motion. Acting Chairman Grove advised Mr. Garza the most significant condition placed on this SUP is the 1 year time frame which means he will need to come back into the City at the expiration of the existing lease and renew the SUP. The vote was as follows: Ayes: Acting Chairman Grove, Commissioners Hughes, Tarin and Deithloff Nays: None Abstention: None The motion carried. ITEM 2 CASE #01-09-SUP — HOLD PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE Receive public input regarding a request for a Specific Use Permit on Sotogrande Addition, Lot 11AR, for alcohol sales on a Goff course in R-5 zoning, and consider a recommendation regarding an Ordinance. This property is located on 1401 Sotogrande Blvd. Mr. Mike Collins, Director of Planning and Development, gave a brief overview of this specific use permit request. Acting Chairman Grove opened the public hearing. Acting Chairman Grove asked for an applicant or representative to come forward. Mr. Gary Black, Eagle Golf, Inc., Dallas, Texas stated he is the General Manager for the Goff course facility. He stated they are amending the SUP they had in place so they can sell beer in the clubhouse. Also, on special occasions they will have a beverage cart on the course. There would be no late night hours. C Planning and Zoning Commission Minutes Page 4 July 17,2001 Acting Chairman Grove closed the public hearing due to no proponents/opponents present. Commissioner Hughes asked if the license they are applying for will be restricted to beer. Mr. Black stated they would like to do that, unfortunately the way the zoning is for this part of the City they can only get a mixed beverage license. He stated they would not be selling mixed beverages, but this is all the TABC would allow. Commissioner Hughes asked if there would be any objections to the SUP being restricted to the sale of beer. Mr. Black stated that beer and wine would be what they would be selling, and he has no objections to the restriction. Commissioner Hughes asked to whom the sale of alcoholic beverages would be open. Would this be to just those playing golf or people off the street and how would this be controlled. Mr. Black was not sure if they could restrict who they sold to under State law if they were over 21 years of age. They are not going to be a bar operation. Commissioner Hughes asked if they would be advertising any type of happy hour adjacent to the apartment complexes. Mr. Black stated they would not be advertising any type of happy hour for a bar operation. Commissioner Hughes asked if the beverage carts would be operated by minors. Mr. Black stated they would not because that would be in violation of TABC rules and regulations. Commissioner Hughes asked if the latest hour of operation would be approximately one hour after dark. Mr. Black stated the latest hour of operation would be 10:00 p.m. to 10:30 p.m. for summer hours and winter time late hours would be around 6:00 p.m. or 7:00 p.m. Commissioner Hughes asked if a restriction on the hour of operation would be a problem. Mr. Black stated there would be no problem restricting the hours. Commissioner Tarin asked if Mr. Black was the owner of the golf course. Mr. Black stated the owner of the golf course is the owner of the apartment complex which is Westdale Hills Asset Management. He runs the golf course on a management contract for Westdale Hills and he has nothing to do with the apartment complex The golf course management company is Eagle Goff, Inc. Acting Chairman Grove made the statement that if Mr. Black were to find employment elsewhere and the person might not be as honorable as he, would he have any objections to having the SUP tied to him as the current General Manager. Mr. Black stated that he would not have any objections, but was not sure if the owner would have any objections to this. He has been running this operation for the current owner for the past four years. The liquor license will be in the name of his entity. The license will be under Texas Corporation so when he leaves he would be taking the license with him if he left. Acting Chairman Grove asked Mr. Black to explain the relationship of taking the license with him if he is not the owner. Mr. Black stated he will run and manage the golf course under a management agreement for the owner of the buildings. Acting Chairman Grove asked that the management is the one who is actually applying for the liquor license, and that if the management moves elsewhere then the liquor moves also. Mr. Black stated this was correct. Planning and Zoning Commission Minutes Page 5 July 17, 2001 Commissioner Hughes stated he is in acceptance for the control of the hours of operation to not be past 10:00 p.m. in order to help control the possibility of this becoming a club or bar. (He asked if the restriction of tying the SUP to Mr. Black was reasonable?) Acting Chairman Grove stated that as Mr. Black moves and goes on the license will go with him so there should be no problem adding a stipulation that it is tied to the existing General Manager. Mr. Eric Wilhite stated if City Council approves this SUP upon whatever recommendation you make or whether they deny it, the SUP General Manager is the same as Mr. Black. The license will come through Planning and Development to sign off on. Acting Chairman Grove asked Commissioner Hughes to confirm what restrictions he would place on the hours of operation. Commissioner Hughes stated the SUP would be restricted to beer and wine sale only and that the late hour of operation not to exceed 10:00 p.m. and that it be restricted to the current General Manager. Mr. Mike Collins asked for clarification if Commissioner Hughes means the General Manager is Mr. Black or the company. Commissioner Hughes verified the General Manager to be Mr. Black. Commissioner Hughes made a motion to approve Case#01-09-SUP, with the following stipulations: The alcoholic beverages are restricted to beer and wine only. The maximum hour of operation would be 10:00 p.m. The SUP would be tied to the current General Manager, Mr. Gary Black. Mr. Eric Wilhite stated that in some of the questions that have been asked, if management would be restricting sales to golfers only, and Mr. Black stated that as long as anyone was 21 years of age they would sell to them. Would the Commissioner like more clarification on if someone came from the apartment complex to the course to purchase alcohol or if they were 21 years of age or otherwise that it be restricted to patrons of the golf course only. Commissioner Tarin stated that a restriction of only golf patrons should be applied. Commissioner Deithloff asked when someone comes to play golf is there a receipt given to them. Mr. Black stated there are no receipts given because it is a walking facility. They do have a frequent player card that is marked each day they play. They are not intending to run the beverage cart every day. Mr. Black stated he did not Planning and Zoning Commission Minutes Page 6 July 17, 2001 • foresee any problem with someone walking onto the course only to purchase alcohol, the license restricts patrons leaving the premises with alcohol. Mr. Eric Wilhite stated he was just wanting a clarification on the discussion because it was a concern for some of the DRC members when the staff reviewed this SUP. Mr. Mike Collins asked to clarify that in the form of the motion needs to be made that it is the Planning and Zoning Commissions consideration of an ordinance approving the SUP. In addition to the conditions that have been stated on the SUP, on the issue that Mr. Wilhite was addressing with regard to whom the beer is sold, is there any intent on the commission to try to establish or restrict the beer and wine sales only to patrons of the golf course or was his explanation sufficient. Commissioner Hughes asked how practical it would be to try to control the sales and if there were guests that might want to be included, they would not have the frequent player card, that could be somewhat restrictive. Acting Chairman Grove stated he did not see a potential issue with residents of the apartment complex or others dropping by this location. Commissioner Deithloff stated he did not think it would be a problem due to the management being responsible. Commissioner Hughes asked if there should be consideration of a duration to help conduct control. Commissioner Tarin recommended a one year limit. Mr. Mike Collins stated this was an issue before the DRC members. He agrees with Commissioner Hughes that it would be cumbersome and difficult to enforce and a time limitation on the SUP may be appropriate to help the enforcement. Mr. Eric Wilhite advised regardless if there was a time limit on the SUP it could be revoked. Mr. Black advised that TABC license only runs for one year, therefore he will need to go back through the Police Department and the Planning and Zoning process and at which time would be re-evaluated for renewal. Commissioner Hughes clarified his motion to approve Case#01-09-SUP with the following restrictions: Beer and wine sale only. The hour of operation not to exceed 10:00 p.m. The SUP be tied to the current General Manager, Mr. Gary Black. The SUP be approved for a period of 2 years. The SUP be in consideration of a proposed ordinance for the sale of alcoholic beverages on the golf course. Commissioner Deithloff seconded the motion. The vote was as follows: Planning and Zoning Commission Minutes Page 7 July 17,2001 C Ayes: Acting Chairman Grove, Commissioners Hughes, Tarin and Deithloff Nays: None The motion carried. ITEM 3 CASE#01-05-PP—CONSIDER A PRELIMINARY PLAT Consider a request for a Preliminary Plat changing Glade Manor, Block A, Lots 1-25, Block B, Lots 1-16, Block C, Lots 1-16. This property is located near the Southeast Corner of Glade Road and Main Street. Mr. Mike Collins, Director of Planning and Development, gave a brief overview of this preliminary plat request. He stated staff has reviewed this case and recommends approval. Commissioner Tarin asked what was the minimum square footage. Acting Chairman Grove advised when this was approved it is was a minimum of 1600 square feet. ® Commissioner Deithloff motioned for approval of Case #01-05-PP. Commissioner Hughes seconded the motion. The vote was as follows: Ayes: Acting Chairman Grove, Commissioners Hughes, Tarin and Deithloff. Nays: None The motion carried ITEM 4 CASE #01-02-FP—CONSIDER A FINAL PLAT Consider a request for a Final Plat changing Andrew J. Huitt Survey, Abstract 684, Tr. 5G to Bavarian Village Addition, Lot D. This property is located at 201 S. Industrial Blvd. Mr. Mike Collins, Director of Planning and Development, gave a brief overview of this final plat request. He stated staff has reviewed this case and recommends approval. Acting Chairman Grove asked for any questions from the rest of the commission and there were none. Planning and Zoning Commission Minutes Page 8 July 17, 2001 Mr. Ron Young stated this plat does not have any public improvements except for the fire lane and the Fire Marshal has approved this improvement. The improvements were a fire hydrant, water vault and fire lane. Commissioner Tarin motioned approval of Case 01-02-FP, consideration of a request for a final plat changing Andrew J. Huitt Survey, Abstract 684, Tr. 5G to Bavarian Village Addition, Lot D. Commissioner Hughes seconded the motion. The vote was as follows: Ayes: Acting Chairman Grove, Commissioners Hughes, Tarin and Deithloff Nays: None The motion carried. ITEM 5 REPORTS There were no reports. ITEM 6 DIRECTOR'S REPORTS There were no reports. Adjournment: There being ►. further business the meeting was adjourned at 7:02 p.m. AaC�� Dat C