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HomeMy WebLinkAbout2001-08-07 PLANNING AND ZONING MINUTES • AUGUST 7, 2001 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Chairman McMilton at 6:30 p.m. for consideration of scheduled items in the Council Chambers in Building "B" of the Municipal Building. Chairman McMillon stated there were four members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT Chairman Robert McMillon Ron Hughes Vice Chairman McNeese Mike Grove Bill Tarin Gene Sloan John Deithloff Mike Collins, Director of Planning and Development Ron Young, Assistant Director of Public Works/ City Engineer Kurt Kasson, Building Official Karla Dickerson, Administrative Secretary VISITORS: Brett Fickey, Grubbs Infiniti George Grubbs Ill, Grubbs Infiniti THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Tarin and Invocation was given by Chairman McMillon. APPROVAL OF MINUTES Commissioner Grove made the motion to approve the minutes of July 17, 2001,as presented with minor corrections. Commissioner Deithloff seconded the motion. The vote was as follows: Ayes: Chairman McMillon, Commissioners Deithloff, Tarin, Grove and Sloan Nays: None Abstention: Vice Chairman McNeese The motion carried. C Planning and Zoning Commission Minutes Page 2 August 7, 2001 REGULAR AGENDA ITEM 1 ELECTION OF OFFICERS Chairman McMilton asked for a motion concerning the office of Chairman and Vice Chairman. Commissioner Deithloff made a motion to nominate and elect Commissioner Richard McNeese as Chairman and Commissioner Mike Grove as Vice Chairman. Commissioner Tarin seconded the motion. Chairman McMillion asked for other nominations. There were none. The vote was as follows: Ayes: Chairman McMillon, Vice Chairman McNeese, and Commissioners Deithloff, Grove, Sloan and Tarin Nays: None Abstention: None The motion carried. Chairman McMillon wanted to say thank you for his service and turned the meeting over to Chairman McNeese. ITEM 2 CASE #99-01-SUP — HOLD PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT (AMENDMENT) Receive public input regarding a request for a Specific Use Permit (Amendment) on Grubbs Addition, Block A, Lot 1, for automotive sales and repair in C-2 zoning (Community Business District). This is a revision to the requirements of Specific Use Permit#99-01-SUP. This property is located at 1661 W. Airport Frwy. Mr. Mike Collins, Director of Planning and Development, gave a brief overview of this specific use permit request. As a condition of the Specific Use Permit that was approved by the Planning and Zoning Commission and City Council, one specific condition included that a black vinyl coated chain link fence that is located on the south property line be allowed to remain for a period of 12 months from the approval of the SUP in November 1999. At the end of the 12 months the owner would either have exercised the company's right to purchase an approximate 9 % acre tract immediately adjacent to this property to the south, in which case if they exercise the option to purchase the property a new south property line would have been established and a masonry fence would have been constructed on that new south property line. Or, if the company did not exercise the option to purchase the property a new masonry wall would have been constructed on the existing south property line where the black vinyl coated chain link fence had been constructed. The applicant is requesting of the Planning and Zoning Commission and of the City Council that the existing chain link fence be allowed to remain. They have sited specifically some security issues they Planning and Zoning Commission Minutes Page 3 August 7, 2001 have been able to address with members of the Euless Police Department, as well as, an Insurance Consultant and they believe it would be in the best interest of their business to allow the chain link fence to remain. Chairman McNeese opened the public hearing. Chairman McNeese asked for an applicant or representative to come forward. Mr. Brett Fickey, General Sales Manager and Partner of Grubbs Inifiniti, Keller, Texas stated they currently have a chain link fence on the south side of the property and have made many studies and reasoning in asking for the commissions' support to allow the chain link fence to stay. The primary reason is for safety and security. The Euless Police Department noted that having visibility would be much safer not only for the products but also for the employees that park on the south side of the building who would be leaving in the evenings. Mr. Fickey also stated that on the east side of the property they do have a masonry wall that faces some apartment complexes and they have had several reports of damage to their products from debris of cinder blocks and bricks being thrown over the wall. It is believed that this will continue on the south side if a masonry wall is built there as well. Chairman McNeese closed the public hearing due to no proponents/opponents present. Commissioner Sloan asked if the Universal Underwriters Group letter was submitted like this during the first request. Mr. Fickey did not have knowledge of this letter being submitted at the first request of the SUP. Commissioner Sloan stated that as he read the letter from the Euless Police Department he did not see that they supported the fence only that the fence was a deterent. Mr. Fickey stated they had the police department look at other dealerships in the area and with what they are requesting was consistant with what the police department found at these other locations. Commissioner Sloan stated that the letter that came from Grubbs Infiniti was not dated or signed and asked who wrote the letter. Mr. Fickey stated he authored most of the letter but that is was a group effort and did not realize that the letter needed to be dated or signed. Commissioner Grove stated he had walked the property nearly 2 years ago when the original SUP came before the Planning and Zoning Commission and walked it again this past weekend and it did not look like anything except for the new Service King has changed in terms of the lay of the land. He stated that a masonry fence along the southern property line would not obstruct the vision across the property to any great degree. He stated that the police would have a clear view across the property from east to west and could see everything from north to south from that same vantage point. Commissioner Grove asked what has been the loss experience in the last 2 years in respect to debris coming over the wall from the apartment complex to the east. Planning and Zoning Commission Minutes Page 4 August 7, 2001 • Mr. Fickey stated they have incurred anywhere from $5000 to $7000 worth of damage. Commissioner Grove asked how many instances of damage they have incurred. Mr. Fickey stated there has been anywhere from 5 to 7 times. The damage was approximately $1000 each time. Commissioner McMillon asked if the company was considering the option to exercise their right to purchase the property. Mr. Fickey stated that it would depend on their growth each year and also with how many vehicles Infiniti may decide to produce and manufacture. From a cost stand point Grubbs Infiniti would like to utilize a minimum amount of land as possible for storing the vehicles. Mr. Fickey stated that since he was not here at the time of the initial SUP conditions, he could not give a definite answer as to whether they will be exercising the option to purchase the land. Mr. Fickey stated they do have the right of refusal on the property from the land owner and based on the preliminary sketches from the State regarding the highway construction it looks like the majority of the front lot will be taken away. Mr. Fickey also stated the expense of the masonry wall is a factor and wanted to also relate that the major factor is the security issue for the staff, employees and products. Commissioner McMillon advised that the commission discussed the option of extending the SUP for 12 months and for them to return at that time and asked Mr. Fickey if that would be a problem for Grubbs Infiniti. Mr. Fickey stated this would not be a problem and would like to support the City the best they can. Commissioner Tarin asked if there were any prospects of other businesses moving into the area and if they have the first right of refusal on the land. Mr. Fickey stated the agreement with the land owner was to give Grubbs Infiniti the first right of refusal if another business came in and wanted to purchase the land. Commissioner Tarin asked if there were any possible businesses looking at this property. Mr. Fickey stated that he was not sure and the land owner is trying to market this land as an open business park which is why he has put the masonry wall around the entire property to give it an open type atmosphere. Commissioner Deithloff asked Mr. Fickey what his job was at Grubbs Infiniti. Mr. Fickey stated he is a partner, as well as, General Manager of Sales. Commissioner Deithloff asked if the basic premise for coming before the commission was to ask for an extension on the SUP. Mr. Fickey stated he was asking for an amendment in order to keep the black vinyl coated fence indefinitely. Commissioner Sloan stated that he thought the first right of refusal was for only 12 months and asked Mr. Fickey if he was sure they have the first right of refusal. Mr. Fickey stated that in talking with Mr. Grubbs they do have the first right of refusal. Commissioner Sloan stated that Mr. Patel did not make any mention to this in his letter. Mr. Fickey stated he would get an additional statement from Mr. Patel if this would be helpful to the commission. Commissioner Sloan stated a letter would be helpful and should be submitted to the staff from Mr. Patel. Planning and Zoning Commission Minutes Page 5 August 7, 2001 Vice Chairman Grove asked if the incidents with damage to the products occurred on weekends or in the evenings. Mr. Fickey stated the incidents happened at all times of the day and evening. The number one area for vandalism at a dealership is behind the store where there is not a lot of flow traffic and is used for storage where people can get in and out undetected. Vice Chairman Grove asked if the incidents of loss were from damage or vandalism from objects being thrown over the fence or were they from theft. Mr. Fickey stated the majority was damage from objects being thrown over the fence, as well as, people coming over and trying to break into vehicles. Chairman McNeese commented that when this case was reviewed 18-20 months ago, the commission was under the impression that there was a reasonable expectation that something might happen in 12 months and for whatever reason nothing has happened on the acquisition of the land. And, the argument at that time was to give Grubbs Infiniti a 12 month period for the chain link fence on the south line of the property and for the existing chain link fence that is on the west side and north side of the property to remain which was agreed upon. Chairman McNeese stated that if another business locates to the south of Grubbs Infiniti they may not want to have the chain link fence there where the storage would be more visible. Chairman McNeese stated that his recommendation would be for a masonry wall be in place if they are not going to exercise their right to purchase the land. • Commissioner McMillon made the motion to approve Case #99-01-SUP for an additional 12 months extention to the existing SUP to allow the fence to remain for another 12 months and to return to the commission after that period. Commissioner Tarin seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, and Commissioners Deithloff, and Tarin Nays: Commissioner Sloan The motion carried. ITEM 5 REPORTS Mike Collins, Director of Planning and Development, reported that the Senior Complex that has been dealt with by Planning and Zoning, as well as, City Council, the owners elected not to sell the property to the developers for that purpose. There have been several public meetings with the Highway Department has released sketches of plans for Highway 183 improvements which would take a significant part of the right of way on the south side and if it were to be constructed acording to the schematic it would take away considerable frontage from the Grubbs Infiniti property. Planning and Zoning Commission Minutes Page 6 August 7, 2001 ITEM 6 DIRECTOR'S REPORTS There were no reports. Adjournment: There being no further business the meeting was adjourned at 7:00 p.m. .ry P-02/-02 Oq� Ch.irman R chard McNee-- Date C