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HomeMy WebLinkAbout1999-07-20 AGENDA PLANNING AND ZONING COMMISSION City of Euless Council Chambers -- Building "B" 201 N. Ector Drive, Euless, Texas 76039 July 20, 1999 5,30 P.M, — Pre-Commission Meeting (Conference Room— Building "C") 7:00 P.M. — Call to Order(Council Chambers— Building "B") PLEDGE OF ALLEGIANCE — Chairman Zahn INVOCATION-- Commissioner Bright APPROVAL OF MINUTES— Regular meeting of June 18, 1999 AGENDA ITEMS: ITEM I PUBLIC HEARING —PLANNED DEVELOPMENT - #99-04-PD — 801 WEST EULESS BOULEVARD Receive public input regarding the request for a Planned Development changing the zoning from TX-10 (Texas Highway Ten Multi-use District) into PD (Planned Development) conforming to TX-10 zoning district development standards, and allowing uses that are allowed by right in C-2 (Community Business District) zoning (that is, only the C-2 uses that do not require a Specific Use Permit), and allowing the Pave Shop use that is allowed in I-1 (Light Industrial District) zoning within the 183 Addition, Block 1, Lot 3R, also known as 801 West Euless Boulevard. ITEM 2 RECOMMENDATION - PLANNED DEVELOPMENT - #99-04-PD — 801 WEST EULESS BOULEVARD Consider a recommendation regarding the request for a Planned Development changing the zoning from TX-10 (Texas Highway Ten Multi-use District) into PD (Planned Development) conforming to TX-10 zoning district development standards, and allowing uses that are allowed by right in C-2 (Community Business District) zoning (that is, only the C-2 uses that do not require a Specific Use Permit), and allowing the Pawn Shop use that is .allowed in 1-1 (Light Industrial District) zoning within the 183 Addition, Block 1, Lot 3R, also known as 801 West Euless Boulevard. Planning & Zoning Commission agenda -2- July 20, 1999 ITEM 3 RECOMMENDATION _ SITE PLAN - 99-11-SP -- 200 WEST EULESS BOULEVARD Consider- a recommendation regarding the Site Plan for a restaurant use, in TX-10 (Texas Highway Ten Multi-use District) zoning in the J.P. Halford Surrey, Abstract 711, Tract 1M1A, 11-1, and a portion of 11-2, also known as 200 West Euless Boulevard. ITEM 4 REPORTS ITEM 5 DIRECTOR'S REPORT POSTED THIS 16TH DAY OF JULY, 1999, AT 4:00 P.M. G" ' Individual Postin Notice If you OW t attw3 this pubk meebg and Pu have a disci§ty ftO n:*cs s TecW arratsfement of N3 misel tg,plea oonts&mr offee at(817)95-*1M.Peaor�le aowmmoddons Ails be Made to Wsisf;rats r*wls. PLANNING AND ZONING COMMISSION JULY 20, 1999 MINUTES The Pre-Commission meeting of the Planning and Zoning Commission was called to order by Chairman Ron Young at 5:30 p.m. in the Building "C Conference Room. Five members of the Planning and Zoning Commission were in attendance. PLANNING AND ZONING COMMISSION CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS. Chairman Young called the Planning and Zoning Commission meeting to order at :00 p.m. for the consideration of scheduled items. He stated there were fare members of the Planning and Zoning Commission present and that Commissioners Houk and McMillon were absent. MEMBERS AND STAFF PRESENT MEMBERS ABSENT Chairman Ron Young Katherine Houk Nancy Bright Robert McMillon Richard McNeese Billy Owens George Zahn Council Member Glenn Porterfield Kevin Mercer, Development Services Manager Andrea Baxter, Assistant Director of Public Works and Engineering Michael Logan, Fire Marshal Donna Brown, Administrative Secretary VISITORS PRESENT Jan Barrow Cynthia Gartman Terry Musselrnan Justin Ashby R.J. Hudiburg Bret Chatham Bill Pasteur Jimmy Payton Bill Byers Bryan Klein Mike Black PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was led by Commissioner Zahn and the Invocation was given by Commissioner Bright. .%flNUTf_S OF j1;t:Y 2t;, 1999 APPROVAL OF MINUTES Commissioner McNeese moved to approve the minutes of the ,tune 15, 1999, meeting with the following corrections, 1. Page 5 line 3 --- The sentence should read "Commissioner McNeese stated that the City Council, the Commission, and others had spent a long time coming up with a Comprehensive Zoning Plan, it did not make any sense to him to grant a spot zoning in this case." 2. Page 5 -- The last sentence in the first paragraph should read "Commissioner McNeese stated he could not support the SUP request in this case." Commissioner Zahn seconded the motion. The vote was as follows: Ayes: Chairman Young, Commissioners McNeese, Owens, Bright, Zahn Nays: None The motion carried. REGULAR AGENDA Chairman Young gave the rules governing a Public Hearing. ITEM 'I PUBLIC HEARING —PLANNED DEVELOPMENT - ##99-04-PD — 801 WEST EULESS BOULEVARD Receive public input regarding the request for a Planned Development changing the zoning from TX-10 (Texas Highway Ten Multi-use District) into PD (Planned Development) conforming to TX-10 zoning district development standards, and allowing uses that are allowed by right in C-2 (Community Business District) zoning (that is, only the C-2 uses that do not require a Specific Use Permit), and allowing the Pawn Shop use that is allowed in 1-1 (Light Industrial District) zoning within the 183 Addition, Block 1, Lot 3R, also known as 301 West Euless Boulevard. Kevin Mercer, Development Services Manager, gave a brief description of the case. Bill Pasteur, 1900 Trailwood Drive, Euless, Texas, stated he represents the Hudiburg family's proposed relocation of Mid Cities Pawn to the recently approved 133 addition on S.H. 10. Mr. Pasteur stated Mr. Hudiburg's desire was to relocate from S.H. 157 because of the widening of the road. Mr. Pasteur read a letter from Smoke-It Barbecue supporting the pawn shop relocation. He stated that Mr. Hudiburg had instructed everyone involved to do everything precisely as it should be done and that instead of minimizing any standards, to try to go over above and beyond the standards. PLA'k':F\i AND J.ONI- O COMMISSION i'ACrF:: MINNUHS,OF 11 1Y 2f), 1991) Bryan Klein; Hoover/Klein Group, Inc., 1861 W, Euless Boulevard, Suite 111, Euless, Texas, stated that he had received instructions from Mr. Hudiburg to exceed the UGC [Unified Development Code] standards and to do the best job he could. Fie stated the project exceeds the following requirements: Number of mature trees: only 1 of the 12 mature trees would be coming dawn Twice the amount of landscaped yard Landscaping islands Ground cover Shrubs Setbacks Surface area Mike Black, 020 113" Street, Arlington, Texas, an architect representing PDMS Inc., stated that his task was to develop a nice and practical facility using 100°%r masonry and split face block. R.J. Hudiburg, 1801 Cheek Sparger Road, Colleyville, Texas, stated he was asking for relocation to have an alternative because after TxDOT is through, there would only be 0 parking spaces at the current location. He stated it is a family business with no outdoor display or sales area. Bret Chattam, 2602 Cinnamon Court; Euless, Texas, stated that pawn shops are governed by the Texas Pawn Shop Act, and that since 11-30-98 an instant criminal background check has been on effect. Jimmy Payton, 212 E. Huitt Lane, Euless, Texas, stated he is very familiar with zoning and that he was Mayor of this City when the first zoning lave was passed. He stated he believes Mr. Hudiburg and his professionals have done a very credible job or presenting the case and that he supports this request. Mr. Payton stated he has invested a great deal of money in an office building adjacent to this site and that he is occupying about 1200 square feet and has approximately 4,000 square feet that he expects to lease. He continued that if the pawn shop was going to harm his chances to lease the building, he would not have been at the Planning and Zoning meeting supporting it. Mr. Pasteur went back to the podium and stated that Mr. Chattam told him the pawn shop had made about 20,006 loans over the years, and that out of those loans 7,600 of them were to Euless citizens. He stated that the pawn, shop does perform a service for the community.. ,Jan Barrow, Roundrock, Texas, stated that she and her husband just acquired five lots adjacent to this property and are planning to start a wedding business. She stated the buildings that already exist around them are nice but that they object to having a pawn shop in the immediate vicinity because the clientele who frequent a pawn shop business are not what they would like next door. itlAii�1I:S f)t 1?;T,Y til. i�>t:s{ Cynthia Gartman; 403 Hideaway Court, Euless; Texas, stated Jan Barrow is her mother and she would like to have her close. She stated she is in favor of small businesses and family owned businesses but that she is not in favor of pawn shops because that bind of business does not bring the right image to Euless. She also stated this would be too close to the park. Ms, Gartman stated that she is concerned with the land value going down because of a pawn shop in the area. She stated she is also not in favor due to the fact that nobody knows what the other tenants would be. Chairman Young gave Mr. Pasteur the floor again for a rebuttal. Illllr. Pasteur gave an example of a pawn shop in Rufe Snow Drive in Noah Richland Hills that has a CD store and a dry cleaners next to it and said that would probably be typical of the kind of businesses to expect. He stated he did not believe or accept the premise that the pawn shop is a derogatory business in this setting. Chairman Young closed the Public Hearing. ITEM 2 RECOMMENDATION - PLANNED DEVELOPMENT - ##99-04-PD — 801 WEST EULESS BOULEVARD Consider a recommendation regarding the request for a Planned Development changing the zoning from TX-10 (Texas Highway Ten Multi- use District) into PD (Planned Development) conforming to TX-10 zoning district development standards, and allowing uses that are allowed by right in C-2 (Community Business District) zoning (that is, only the C-2 uses that do not require a Specific Use Permit), and allowing the Pawn Shop use that is allowed in 1-1 (Light Industrial District) zoning within the 183 Addition, Block 1, Lot 3R, also known as 801 West Euless Boulevard, Kevin Mercer, Development Services (Manager, introduced the case and stated that the Development Review Committee recommended approval. Chairman Young asked that the Commission consider the merits of the zoning request for example, whether this is a good zoning category for this particular location. Commissioner Zahn asked staff why when the request came for this pawn shop to go into the Odyssey building on S.H. 157 did not the City take that request and allow this development to go in at that location. Mr. (Mercer answered he did not know why the applicant did not pursue that request, or whether staff actually deterred them from a pawn shop at that location or if the applicant felt he had found more appropriate site. Commissioner Zahn stated he is pleased as far as the building appearance and that he has no objection with the particular building having C-2 uses but he is not in favor of 1-1 uses such as the pawn shop. OINUTES O iU'AN 20, €cX?P Commissioner McNeese asked Mr. Chattam for a typical profile of a customer for this type of business. Mr. Chattam answered it would be a male between 25 and 40 years old, 68% of them have health insurance, 85% are employed or self employed, over half of there live in a home that has four tenants, mostly working people. Commissioner McNeese asked Mr. Chattam what percentage of the business that he does ends up being unredeemed items. Mr. Chattam answered 3010. Commissioner McNeese asked then if it could be said that the person that generally does this doesn't generally have access to a bank. He said that he may write 500 loans a month and usually he has one a month that the items are not picked up. Commissioner McNeese asked if a guy comes into your business, do you actually take in a written application, Mr. Chattam proceeded to show the commission a pawn ticket. Commissioner McNeese asked if on a weekly basis and based on regulations if he actually makes a detailed computer type listing. Mr. Chattam answered no, that the police come out and pick up the yellow copy usually once a week. Commissioner McNeese asked if the ticket shows what is actually being pawned. Mr. Chattam stated the tickets show the full description of the loan, for example if it is a TV or VCR,- model; brand name; model number; serial nurnber; if it has a scratch or anything like that. He stated that jewelry is the majority of their business but they also have all kinds of electronics, sporting goods, tools; and firearms. Commissioner McNeese stated he likes the building but is not in favor of this type of business in that location. Chairman Young asked Mr. Chattam for the square footage of his existing operation. Mr. Chattam answered he has a little over 5;000 square feet and that the proposed would be a little bit larger. Chairman Young asked about the volume of business, in other words, how many people are in the store at one time. Mr. Chattam answered two or three people and sometimes after 5 p,m. probably no more than six people, Chairman Young asked him if the weekends are busy. Mr. Chattam answered Saturday is very busy but they are closed on Sundays. Chairman Young asked what the hours of operation are. Mr. Chattam answered O a.m. to 0 p.m. Chairman Young asked how much of a problem do they have with burglaries and break ins. Mr. Chattam answered zero. Chairman Young asked if the security for the pawn shop would be invisible, to which Mr. Chaffman answered there are different ways the security could be masked. Commissioner Bright stated she thought the building looks wonderful but that she did not know how she feels. She stated she did not understand why the City fathers put pawn shops in 1-1 zoning if they wanted them on TX-10. Commissioner Bright asked the applicant why could he not put a monument sign out front instead of having signs on the building and what kind of sign would he put on the building. Mr. Chattam answered it would be a nice, clean sign and it would net have to be over the building. Commissioner Owens stated he had used a pawn shop for some quick cash once to get someone out of jail. He stated there has always been a problem of perception and also a problem of the citizens not agreeing to any kind of control but on the other hand applicants are always coming before the Commission trying to sell us a bill of goods Owith a bunch of pony shows. Commissioner Owens stated he has mixed emotions as 1TA:--,'IN 's AN J- ZONfNNG iY?MMISSIOti t'GI-I M Iii`i FS OF IR:11Y 20 1999 to how to get all this tied down without really taking a second look and that what bothered him the most is that this case is about zoning. He stated that what makes a city a great city is a vision. Commissioner Owens stated he believes that pawn shops do not bring crime to a city and that a pawn shop is not a problem for him but that the design needs a little correction. He asked the applicant why four signs would be needed and not only one marquee at the front with all the businesses' names on it. Commissioner Owens told the applicant that this Commission had never recommended to an applicant to go somewhere else to buy property. He asked the applicant if he thought he could go back and work with the staff to mare corrections. Mr. Pasteur stated everyone in this project had followed all the instructions and if there is something he could do that would facilitate this project and make it more satisfactory, he would be willing within the bounds of reason. He stated that, for example, their original intention was to put in a hip roof, but that he would follow the ordinance and that city staff would tell him what he could do or could not do. Commissioner Owens stated that Ordinance No. 1339 should be on the plans. He asked Andrea Baxter, Assistant Director of Public Works, if all the drainage had been worked out satisfactorily. Ms. Baxter answered yes and stated that the property was re- platted a few months before and all those issues were taken care of at that time. He asked Ms. Baxter if the lighting met the ordinance requirement and she answered yes. Commissioner Owens stated he wished the applicant would take a look at the dumpster. He also stated he disagreed with the architect regarding the loading dock. Chairman Young asked Mr. Pasteur why he was requesting a change from TX-10 uses with C-2 uses. Mr. Pasteur answered he had not necessarily wanted to do that but he had explicitly requested precise instructions from the City Attorney's office as to how to style this, and he had followed those instructions which: were reiterated by Mr. Bass's office. Chairman Young stated he was still at a loss. Commissioner Zahn stated the Commission had spent countless hours working on the TX-10 corridor and the re-zoning of the City for a reason, and now this situation truly could be TX-10 district. He stated the Commissioners had heard countless times the perceived idea as to what a pawn shop is for, and that this perception of a pawn shop, in his mind, would detract from continued development. Commissioner Zahn stated he was questioning whether by sending this case forward with pawn shop as an allowed use the Commission was serving the citizens by the re-development of TX-10. He stated he could send forward a recommendation with TX-10 uses or with a C-2 use but as a PD with 1-1 pawn shop, he stated he was confused. Commissioner McNeese stated he concurred with Commissioner Zahn's comments. Mr. Pasteur stated that the PD was devised with the thought in mind that it gave the City more control over the situation for a Specific Use and nothing else. Commissioner Zahn stated that the City Attorney's ruling on previous occasions had been that a PD is pure zoning, it runs with the land, and no one can limit length of time '.U*UT� 's"IN JULY 211). ;999 or ownership. He continued that Mr. Bass also had stated that a Specific Use Permit (SUP) is the best toot for controlling the situation. Chairman Young stated his interpretation is that the way to control the ownership and the length of time is with a SUP and that is why in the other case they were tied together (PD and SUP). Chairman Young stated that he likes the development and the concept as well as the new building and that he is not as concerned with the hip roof because the Commission could have set the height of the building to get the hip roof in, He stated that one of the concerns he might have is that another pawn shop is already in existence not very far away, Chairman Young stated he did not know that anything would be gained by tabling this case. Commissioner Bright stated that most of the time you do not see a pawn shop in a really nice building and that from the looks of this building, you would not be able to tell from the outside that it was a pawn shop. She also stated she does not like flat roofs and that she would like to see the roof look like the others in the area. Commissioner Bright stated there was one more thing she was concerned about and that was the other three little shops which she would not life to see incorporated into the pawn shop. She stated that she could probably be for this case because of the nice concept, but that she would not like a huge sign on the building and she would rather have the monurnent sign: out front. She stated that she would want the tenants all to match [in size] and to be not very big. Commissioner Owens made the motion to table Planned Development case #99-04-PD until (august 3, 1909, allowing staff to update the plans to reflect the concerns of some Commissioners. Commissioner Owens told the applicant the size of the sign on the building would probably have to be reduced. Mr. Pasteur stated he had no specific size on the sign and that what was on the plans was just for illustration purposes. The motion failed due to lack of a second. Commissioner ,Zahn made the motion to deny Planned Development case #99-04-PD. Commissioner McNeese seconded the motion. Commissioner Zahn stated that he did not feel that location on S.H. 10 was in the best interest of the neighborhood or the citizens of the City of Euless. After some discussion, the vote was as follows: Ayes: Commissioners McNeese, Zahn Nays: Chairman Young, Commissioners Owens, Bright The motion to deny failed. Commissioner Bright asked Commissioner Owens why he wanted to table this case and why not just address the issues in a motion and send it to the City Council as a recommendation. Commissioner Owens responded that if this case went forward with the Commission recommending approval, then misinterpretation of the approval could occur unless the changes were on the plans, and also the Commission would be PLANNENO AND Z,GNIN6('0 YININSfON PAGE'. K M1NUF1:.5( F IUTY 20. 1f+49 leaving no vehicle by which to enforce those changes unless Council specifically wanted to make it part of the motion. Commissioner Zahn stated the Commissioners had alluded to a letter (from Commissioner Houk) requesting to change the zoning from TX-10 to C-2 and send forward a motion deleting the 1-1 aspect. Commissioner Zahn stated that he would like that to be his motion. Commissioner McNeese seconded the notion. After some discussion, Commissioners Zahn and McNeese withdrew the motion. Mr. Pasteur stated that if there were physical things that he could change to make this palatable to the Commissioners that he would try to do that - for example the roof, the security and the dumpster. Commissioner Zahn stated that the elected officials had chosen to put the use by right of pawn shops in the industrial zoning district and that if it was the wisdom of the City Council to take the pawn shop out of the Industrial zoning district and put it on B.I . 10 adjacent to a city park, let the City Council have that right. Commissioner Owens made the motion to table Planned Development case #99-04-PD until August 3, 1999. The motion failed due to lack of second. Chairman Young made the motion to approve Planned Development case #99-04-PD with the following additional conditions: 1. That the pawn shop area be limited to 6,300 square feet. 2. That there would not be any additional signs other than the monument signs that does not limit the signage above the three retail spaces. Commissioner Bright seconded the motion then withdrew her second. The motion died due to lack of a second. Commissioner Owens made the motion to approve Planned Development case #99-04- PD with the following additional conditions: 1. That the three 930 square feet retail spaces as shown on page 1 of 3 be limited to retail other than pawn shop, 2. to be no connecting doors between the pawn shop and the other retail operations, 3, that the dumpster on drawing 1 of 3 be rotated to face the southlsoutheast 4. that the plans show that the applicant abides by ordinance no. 1339, 5. that the roof on building as shown on 1 of 3 be a gabled roof, same as the existing gables on the other two buildings as called out on sheet 1 in 3, and 6, that the signs on the building be restricted to the architectural plaques that are shown on 3 of 3 over the retail section be the same for the pawn shop - that the I`I.ANNING ANTS ZONING,C'OMMISSIOP' PAGE, 9 pawn shop signs be consistent with the size of the retail signs and 7, that all sides of the building including the loading dock be masonry, as stipulated. Commissioner Bright seconded the motion. After discussion with staff, Commissioner Owens withdrew the part of the motion referring to the dumpster orientation due to potential conflict with a fire hydrant location. Commissioner Owens amended the motion to clarify that the plaques referred to were 9" address plaques. Commissioner Bright accepted the amendment Commissioner McNeese stated that he did not feel this was the best location for this type business. The vote was as follows: Ayes: Chairman Young; Commissioners, Owens, Bright Nays: Commissioners McNeese, Zahn The motion carried. ITEM 3 RECOMMENDATION - SITE PLAN - #99-11-SP — 200 WEST EULESS BOULEVARD Consider a recommendation regarding the Site Plan for a restaurant use, in TX-10 (Texas Highway Ten Multi-use District) zoning in the J.P. Halford Survey, Abstract 711, Tract 1 MIA, 1 L1, and a portion of 1 L2, also known as 200 West Euless Boulevard, Kevin Mercer, Development Services Manager, introduced the case and stated that staff recommended approval but that there were several outstanding items that needed to be addressed. Chairman Young stated that Site Plan approval is a ministerial function. Terry Musselman, representing Mayse & Associates, 14850 Quorum Drive, Dallas, Texas; stated that the building would be stucco, and that there would be more parking spaces than required. He also stated that the truck loading area could be used for employee parking and that there would be a double trash enclosure located at the rear of the property. Chairman Young asked staff what the time table would be to get a building permit. Mr. Mercer answered next Friday. Mr, Musselman stated that construction needed to start immediately and that he was hoping to update the facility and improve the looks of that corner. PIANNIA:G AND ZONING C OMPO S'Sf )` PAGE I0 NIN. "Als OF RTY 0. 1999 Chairman Young asked the applicant if he was in possession of the last set of DRC (Development Review Committee) comments dated .July 16, 1999. Mr. Musselman answered yes. Mr. Musselman indicated that in the third comment in the Engineering section, Andrea Baxter had stated a concern about a curb radius ending on the TxDOT right-of-way. He stated TxDOT was in the process of reviewing this now and that there were probably no plans to build S.H. 10 back into that area but if this happened, the radius would be 10 feet to bring it back within the projection. He stated that his own personal feeling was that traffic flows easier in or out with a bigger radius and that 20 feet was his standard. Commissioner Owens asked if this Site Plan could be approved without a variance to Lighting Plan requirements. Mr. Mercer answered that the Council would not be considering a deviation from Lighting Plan requirements and that Mr. Musselman would be required to reduce the average/minimum ratio to no more than 4 to 1. Commissioner Zahn made the motion to approve Site Plan case #99-11-SP with the corrections stipulated by the DRC comments of.July 16, 1999. Commissioner McNeese seconded the motion. The vote was as follows: Ayes: Chairman Young, Commissioners Owens, Bright, McNeese, Zahn Nays, None The motion carried. ITEM 4 REPORTS An updated case status report was included in the packet. ITEM 5 DIRECTOR'S REPORT There was no report. There being no further business, Chairman Young adjourned the meeting at 9:44 p.m. v Y i •'" ` ��i yr^ '@ ,F' L,.�.A Chairman Nnald Youn • ,,,`�� s S Date