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Home My WebLink About2005-03-01 PLANNING AND ZONING March 1, 2005 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Chairman Richard McNeese at 6:30 p.m. for consideration of scheduled items in the Council Chambers in City Hall of the Municipal Complex. Chairman Richard McNeese stated there was a quorum of members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT: Chairman Richard McNeese Vice Chairman Mike Grove George Zahn Monty Huffman LuAnn Portugal Perry Bynum Tony May Mike Collins, Director of Planning and Development Eric Wilhite, Planning and Development Manager Ron Young, Director of Public Works Robert Barker, City Engineer Paul Smith, Fire Marshal Karla Dickerson, Administrative Secretary VISITORS: Troy Manuel and Aaron Kasten THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Portugal and Invocation was given by Chairman McNeese. ITEM 1 APPROVAL OF MINUTES for called meeting of February 15, 2005 Commissioner Zahn made a motion to approve minutes for called meeting of February 15, 2005 as written. Commissioner Bynum seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman, Portugal, Bynum and May Nays: N one Abstention: None The motion carried (7-0-0). Planning and Zoning Commission Minutes Page 2 March 1, 2005 ITEM 2 CASE #05-01-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 Somerset Place Addition, Block C, Lots 27ER and 27A, for a Indoor Soccer Arena in PD 1029 (Planned Development 1029) based on C-2 zoning, and consider a recommendation regarding an Ordinance. This property is located on 100 E. Midway Dr. Chairman McNeese opened the public hearing. Mike Collins, Director of Planning and Development, gave a brief overview of the case. In October 2003 a Specific Use Permit was approved by Planning and Zoning Commission and City Council for the operation of an Indoor Soccer Athletic Facility. The Specific Use Permit also included the operation of a full service restaurant. Two very specific conditions established in the SUP were the sale of alcohol not to be permitted until after 8:00pm and completion of a parking lot area that had not been included as part of the original development of the Arena Athletics facility. The applicant is asking to amend these two conditions that were approved to reflect the time restriction on the sale of alcohol be eliminated and allow them to operate as a full service restaurant consistent with other restaurants that are treated as food establishments in the City of Euless and to be granted an extension until September 1, 2005 to complete the landscaping improvements. The landscaping improvements would be completed in such a manner that would be consistent with the type and quality that had been completed as part of the City of Euless Main Street renovations. The control in this would be the City would approve the enhanced landscaping plan, installation of the landscaping and if they did not meet the standards that were established as part of the Main Street renovation they would not be accepted. Staff is recommending to the Commission recommend approval to the City Council with four conditions: 1) Tied to Mr. Jim Mertz as current owner; 2) Landscaping plans be consistent with Main Street landscape that has been completed by the City of Euless and plans approved by the City to be completed on or before September 1, 2005 or the Certificate of Occupancy for the restaurant will be revoked; 3) No time restrictions be placed on alcohol sales; and 4) Valid for one year. Chairman McNeese asked for the applicant or representative to come forward for comments. Aaron Kasten, 706 Dickey Dr., Euless, TX 76039, passed out information on alcohol sales since December 2004 that reflects their sales ratio is 59%/41% which is required by Texas Alcohol Beverage Commission (TABC) and has been achieved. Mr. Kasten stated they have not had any problem with alcohol incident as they were having before. They are asking for the time restriction to be removed so they may be more competitive in the city and to help bring in more revenue. The time restriction was original set to make sure they could meet all regulations and now it is needed to be removed to Planning and Zoning Commission Minutes Page 3 March 1, 2005 become competitive with other restaurants. Mr. Kasten stated Mr. Mertz is wanting to improve the property and does not see a problem with meeting the landscaping requirements by September 1, 2005. Chairman McNeese asked for any proponents/opponents to come forward for comments. Seeing none the public hearing was closed. Commissioner Zahn asked Mr. Kasten if Mr. Mertz had any problem with bringing the landscape up to the enhanced level the city is proposing. Mr. Kasten stated Mr. Mertz plans are above what he had originally proposed. He is wanting to make it a place where people can go outside after the games and sit around a picnic table and enjoy conversation. Commissioner Zahn stated it was important to make sure that area on Main Street meets the same standards as what has been put into place and if there are no problems meeting those standards he has no objections to their request. Commissioner Huffman asked Mr. Kasten how much he thinks the establishment has lost on liquor and beer/wine sales with the time restrictions. Mr. Kasten stated it was close to two customers per day, $10,200 per year. Commissioner Portugal asked if they were planning any type of promotions to market the restaurant. Mr. Kasten stated they want to have everything finished before they start advertising so no one has to walk through any construction. Vice Chairman Grove stated he does not have any objections to extending the hours of alcohol sales but wanted to know what the planned hours of operation will be and what the menu will consist of. Mr. Kasten stated the menu will be revised. The hours of operation are 5:30pm to 2:00am but they usually close around midnight due to the lack of customers. The new proposed hours would be 11:00am to 2:00am. Commissioner Bynum asked Mr. Kasten where Mr. Mertz plans on being in five years from now. Mr. Mertz plans to be in Euless for the long haul. He is scouting for more minor league teams and even scouting in Europe for a professional team to be playing at the arena which will draw more people to the city. Commissioner May asked how many games occur before 6:00pm and who they are trying to reach with the extended hours for alcohol sales. Mr. Kasten stated games start at 5:30pm until midnight during the week and on the weekend they run from 7:00am until about midnight. Mr. Kasten stated they are trying to reach customers beyond just the arena clientele and into the metroplex. Commissioner May asked if they see any problem with team members drinking before they play their games and causing problems on the field. Mr. Kasten stated if the referee's have any indication a player is intoxicated the player will be ejected from the game. Planning and Zoning Commission Minutes Page 4 March 1, 2005 Commissioner May asked staff if there have been any problems at the arena related to alcohol. Mike Collins, Director of Planning and Development, stated there have not been any problems directly related to alcohol at the arena. Commissioner Bynum made a motion to approve case #05-01-SUP with the following conditions: 1) Tied to Mr. Jim Mertz as current owner; 2)Landscaping consistent with Main Street landscape/streetscape plan be approved by the city to be completed on or before September 1, 2005 or the Certificate of Occupancy for the restaurant will be revoked; 3) No time restrictions be placed on alcohol sales; and 4) valid for one year. Commissioner Zahn seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Portugal, Bynum Nays: Commissioners Huffman and May Abstention: None The motion carried (5-2-0). Commissioner Huffman stated he did not have a problem with the landscaping enhancement but did not like the timing on the alcohol sales. ITEM 4 REPORTS Ron Young, Director of Public Works, announced the Arbor Daze Silent Auction on Saturday night at the Midway Rec Center. ITEM 5 DIRECTOR'S REPORT There were no reports. There being no further business the meeting was adjourned at 7:00 p.m. JAY(af Ch rman Mc eese Date