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HomeMy WebLinkAbout1978-09-05 Regular Meeting Planning and Zoning Commission September 5, 1978 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. in the Council Chambers of Euless City Hall by Chairman Carl Tyson. Other members present were Messrs. John Deithloff, Bob Eden, Neal Adams, Chris Jones, Sam Munir, and Mrs. Helen Lightbody. Also present were Director of Planning and Development Rick Barnes and Recording Secretary Becky Gunter. VISITORS Visitors in attendance were Messrs. John W. Brogdon, Darvin A. Breaker, Jr. , John Dickerson, Dale Muckey, W. D. Rodgers, James L. Ferris, Lester Davis, Waldo 0. Tuel , Frank Schnell , H. A. Thompson, Elvin E. Tackett, Brent Neff, and Mesdms. Jo Ann Breaker, Martha Dickerson, Shirlie Muckey, Betty Rodgers, Della Ferris, Frank Schnell , Reva E. Tuel , Willie Mae McCormick, and Brent Neff. INVOCATION The invocation was given by Mr. Eden. APPROVAL OF MINUTES Mrs. Lightbody made a motion to approve the minutes of the regular meeting dated August 15, 1978, as written. Mr. Deithloff seconded the motion and the vote was as follows: Ayes: Mrs. Lightbody, Messrs. Deithloff, Eden, Adams, Tyson, Jones, and Munir Nays: None Chairman Tyson declared the motion carried. (Page Two, Regular Meeting, Planning and Zoning Commission, September 5, 1978) PUBLIC HEARING - ZONING CASE NO. 272 REQUEST OF HERMAN SMITH FOR CHANGE OF ZONING FROM "C-2" COMMUNITY BUSINESS DISTRICT TO "SP" SPECIFIC USE PERMIT FOR A COMMERCIAL AMUSEMENT CENTER ON A PORTION OF TRACT A, WILSHIRE VILLAGE SHOPPING CENTER KNOWN AS #18 WILSHIRE SHOPPING CENTER. (PROPERTY LOCATED NORTH OF WEST EULESS BLVD. , SOUTH OF SAGEBRUSH TRAIL, AND EAST OF WILSHIRE DRIVE) Chairman Tyson stated the rules of a public hearing; proponents will be heard first and then the opponents. Mr. Tackett stated he is an attorney representing the true party of interest, Mr. Harry Thompson. The zoning ap- plication must bear the name of the owner of the property, which, in this case, was Herman Smith. Mr. Thompson will be the leasee of the subject property, which contains about 4,000 square feet, for the purpose of a commercial amuse- ment center. It will be the same type operation as Mr. Thompson now has on Harry Hines Blvd. in Dallas, with pool tables and the sale of food and beer. When Mr. Thompson first considered opening an amusement center in Euless, he requested Euless Police Chief J. M. Wilson to conduct an investigation on him- self. Mr. Tackett read the report of this investigation which is to be made a part of the minutes. Mr. Eden asked if the specific use could carry over to another owner if Mr. Thompson decides to sell the business. Mr. Barnes stated a requirement could be placed on the specific use permit that would prevent the use from carrying over to another owner. Chairman Tyson inquired about off- duty police surveillance. Mr. Thompson stated he has already checked with Police Chief Wilson and made arrangements to have an off-duty police officer from 6:00 p.m. until closing who will be on their payroll , not the City' s. Chairman Tyson inquired about the hours of operation. Mr. Tackett stated they will be open from 7:00 a.m. until 12:00 midnight on Monday through Saturday, and from 1 :00 p.m. until 6:00 p.m. on Sundays. (Page Three, Regular Meeting, Planning and Zoning Commission, September 5, 1978) Chairman Tyson asked if there were any other proponents. There were none. He asked if there were any opponents. Mr. Brogdon asked if a study has been conducted on the crime increase related to this type of operation. Chairman Tyson stated such a study has not been conducted. However, based on past experience, they have on record the necessary controls, such as the off-duty police officer at the premises. Mr. Brogdon asked what the City Council ' s plans would be if there is an evident increase in crime due to this establish- ment. Chairman Tyson stated guidelines would be placed on the permit and if these are not adhered to, a citation could be issued, or the permit revoked. Mr. Rodgers of 705 Commerce asked if the Specific Use Permit would allow any use other than the pool hall . Chairman Tyson stated it would not. He stated the Commission tries to put the necessary restrictions on the permit to make the request allowable. Mr. Rodgers stated he does not feel any restrictions would make it allowable. It is ,too close to a residential area and feels it will hurt it with drunken people going down the freeway. Mr. Breaker of 709 Commerce stated he is not concerned with denying Mr. Thompson the right to set up a business. He feels the residential area was there first, is established, and Mr. Thompson can get another location. Mr. Neff stated this establishment will probably be about the same as the Sir And Son in Hurst except that no beer is served at that location. He stated the age person that will do the most harm will be in the 18 to 20 age group. Therefore, prohibiting minors will be of no help. Chairman Tyson asked Mr. Neff what kind of restrictions he feels should be placed on the establishment. Mr. Neff stated the restrictions men- tioned for the building are fine, but what about the parking lot. Chairman Tyson stated there will be surveillance in the parking lot as well as in the building. (Page Four, Regular Meeting, Planning and Zoning Commission, September 5, 1978) Mrs. Ferris of 609 Commerce stated if Mr. Thompson was determined to locate in the Wilshire Shopping Center, he should have located nearer the bowling alley, away from the residential area. Mr. Rodgers asked what would happen if after two or three weeks, Mr. Thompson decided he does not need the off-duty police officer. Mr. Tackett stated the reason for the officer is to set the tone of the business when it is first opened. After one month, there will not be an officer as the business could not support one indefinitely. Mr. Brogdon asked Mr. Tackett if he could guarantee that the business would not become something undesirable in six months or a year. Mr. Tackett stated he could not. However, the withdrawal of the beer permit would put them out of business and there would be regular police checks of the building once or twice a week. Chairman Tyson asked Mr. Tackett if he was familiar with the restrictions placed on the request in 1975 for the same type of business. Mr. Tackett stated he was not. Chairman Tyson read from the June 3, 1975 Planning and Zoning Commission minutes, the list of restrictions as follows: Hours of Operation: School Time - Monday - Thursday 4:00 p.m. to 10:00 p.m. Friday 4:00 p.m. to 12:00 a.m. Saturday 10:00 a.m. to 12:00 a.m. Sunday 1 :00 p.m. to 6:00 p.m. Summer - Monday - Thursday 2:00 p.m. to 10:00 p.m. Friday 2:00 p.m. to 12:00 a.m. Saturday 10:00 a.m. to 12:00 a.m. Sunday 1 :00 p.m. to 6:00 p.m. Operation Regulations: 1 . No smoking 2. Off duty uniform police from dark to closing 3. No loitering outside (Page Five, Regular Meeting, Planning and Zoning Commission, September 5, 1978) 4. Minimum dress code a. No short shorts for girls b. No thin T-shirts for girls c. Boys must wear shirts 5. No gambling 6. No drinking alcoholic beverages 7. No drugs or narcotics 8. No profanity Mr. Tackett stated he couldnnot con- trol the smoking or what goes on outside of the building. Mrs. Rodgers stated she is concerned with unemployed 18 to 20 year olds that would be there all day, as well as the refuse from that location. Mrs. Muckey of 707 Commerce stated she would not allow her children to walk to the bowling alley as they now do if this business is allowed. Chairman Tyson asked Mr. Tackett if they would still be interested if alcoholic beverages were not allowed. Mr. Tackett stated they would not. Chairman Tyson asked if there were any other opponents. There were none. Chairman Tyson declared the public hearing closed. Mr. Eden made a motion to recommend denial of Zoning Case No. 272 as requested by Mr. Herman Smith for change of zoning from "C-2" Community Business District to "SP" Specific Use Permit for a commercial amusement center on a portion of Tract A, Wilshire Village Shopping Center. Mr. Adams seconded the motion and the vote was as follows: Ayes: Messrs. Eden, Adams , Deithloff, Jones, Munir, Tyson, and Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. (Page Six, Regular Meeting, Planning and Zoning Commission, September 5, 1978) II . ADJOURNMENT The meeting adjourned at 8:55 p.m. APPROVED: Agit 1r Chairman