HomeMy WebLinkAbout06.09.1994 MINUTES PLANNING BOARD AND ZONING COMMISSION
MINUTES
JUNE 9, 1994
The regular meeting of the City of Plainview Planning Board and Zoning Commission was
called to order by Chairman, Robert Carter.
Board members present were: Brandon Brownlee, Gene Hembree, Ingrid Graves, Jim
Graham, Gary Stone, Chairman, Robert Carter, Frankie Carter, and Lynn Davis (alt).
Staff members present were: Muff London, Director of Community Development, John
Berry, Assistant Director of Public Works, and Debra Harris, Secretary Planning and
Zoning Commission.
Brandon Brownlee made a motion that the minutes of the April 14, 1994 meeting be
approved as written with minor corrections. Gene Hembree seconded. Motion passed
7 - 0.
ZONE CASE 619: The request of Walter and Barbara Todd to rezone Traci B, Block
86 of the College Hill Addition (2905 Olton Road) owned by Ibero Realty, Inc., from a
Commercial - 2 zoning District to a Commercial - 3 Zoning District with a Specific Use
permit for a restaurant with outdoor recreation and amusement.
Muff London, Director of Community Development, presented the case with the use of
transparencies and a video of the property. Ms. London presented two preliminary plans
submitted by the Todds. The first layout shows the main entrance coming off of Olton
Road. The second layout shows the main entrance coming off of Canyon Street. Ms.
London read written responses from the following property owners from within 200 feet
of the property in question, against the Zone Change:
Mr. & Mrs. William Goff 505 Canyon
Mittie S. Goff 503 Canyon
Guy Steiwig 501 Canyon
Walter C. Frye 413 Canyon
Mr. & Mrs. Paul Waller 403 Canyon
Property owners from outside of 200 feet from the property:
Frances Alvarez No Address
Blake Wood Wood- Dunning Funeral Home
Pamela K. Berry No Address
Delores Sepeda No Address
There was also a written response against the change from Mr. & Mrs. Eugene Nabors
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Curtis Surley, of 611 Canyon (North side of Hwy 70) addressed the Commission. Mr.
Surley stated that he was concerned about late hours, loud music and traffic combined
with that of the Pizza Hut. He asked Mrs. Todd if there would be outdoor music. Mrs.
Todd told him no.
Paul Waller, of 403 Canyon, stated that they had bought their home two years ago and
were concerned about loss of value of their property with this type of business so close.
Chairman Robert Carter stated that there were many problems in that immediate area
that could affect the value of property and the property south would be his concern.
Walter Frye, of 413 Canyon, stated that he has lived there for 43 years and in those
years had lived with a Drive In, Carnivals and even side shows on the parking lot of The
Country General. Mr. Frye stated that visitors to the Country Club parked in front of his
house at this time. Robert Carter questioned if parking could be restricted on Canyon
Street. Brandon Brownlee asked how many homes were North of Mr. Frye's home.
There are three. Mrs. Todd stated that there would be no mechanical, carnival type rides
for several reasons. Upkeep was one, but the cost of insurance was a major concern.
The games and such were compared to those in Pistol Pete's Pizza in Lubbock. Mrs.
Todd stated there would be no pool tables.
Mittie Goff of 503 Canyon, stated she has small children, who play in the street, and she
is concerned about the increase in traffic, especially large trucks.
Tommy Waller, of 403 Canyon, asked the Commission if there could be other zone
changes in the future, without notification. Muff London explained that any zone change
was required by State law to notify, property owners with 200 feet of the proposed
change. She also stated that a notice was in the local paper and a sign was on the
property giving information for concerned residence to contact her office with any
questions they might have.
Barbara Todd explained that their first plan would have a delivery entrance from Olton
Road, not from Canyon Street.
Brandon Brownlee reminded the audience that any recommendation made by the
Planning and Zoning Commission at this time would be heard in another Public Hearing
before the City Council on June 14, 1994. He also recommended that anyone concerned
should attend that meeting also.
Muff London stated that the Commission could place restrictions on the Specific Use
Permit, but they would be rather vague, because the property has not been platted, the
commission needed to be careful about restrictions. Brandon Brownlee stated the Todds
had clearly spent a great deal of time and money in investigating the possibilities and
planning the business venture. He stated that many of the problems addressed will take
care of themselves in the long run. Mrs. Surley asked why it had to be changed to a C -3.
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Muff London referred to the Ordinance and the use chart. She stated that the ordinance
was not a perfect document, and the public hearings were to protect the property owners
as well as those trying to make changes. Ms. London stated that if the property remained
a C -2 a fast food restaurant that would stay open until late at night could located there
and would not have to go be for the Planning and Zoning Commission or the City Council.
Robert Carter reminded the audience that the Specific Use Permit was tied to the
individuals not the property, meaning that if they did not open this type of business
anyone else would have to go through the same process. Brandon Brownlee made a
motion to close the public hearing, seconded by Frankie Carter. Motion passed 7 - 0.
Gene Hembree asked the Commission if this was a change they were prepared to live
with. Gene Hembree stated once the property changed to a C -3, then all the different
types of business allowed in a C -3 zone would be permissible. London stated the similar
businesses were allowed in both zones, except more automotive type business such as
car rental and truck sales were allowed in C -3. Gary Stone said he thought it would bring
about an improvement in the area. Brandon Brownlee said anyone else who purchased
the property would have to improve it.
Muff London referred back to the Use Chart and pointed out that the two zones are not
that much different and that Automotive businesses were the largest threat in a C -3 zone.
Ingrid Graves made a motion that: the request of Walter and Barbara Todd to rezone the
North 367.5 feet of Tract B, Block 86 of the College Hill Addition (2905 Olton Road), from
a Commercial - 2 Zoning District to a Commercial - 3 Zoning District with a Specific Use
Permit for a restaurant with outdoor recreation and amusement provided that the owners
(Walter and Barbara Todd), meet the following restrictions:
1. The main entrance, of the business following the platting of the property, be
off Olton Road;
2. The outdoor area be adjacent to the R -1 zone be enclosed with a fence to
with approval by the City Building Inspector;
3. The fence is to be insulated with shrubbery, to contain noise;
4. No outdoor paging system;
5. All exterior lights are to be directed toward the center of the property and
away from the residences to the West;
be recommended for approval by the City Council. The motion was seconded by Frankie
Carter. Motion passed 7 - 0.
With no further business, Chairman, Robert Carter adjourned the meeting.
Chairman, Planning and Zoning Commission
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who reside outside of the City Limits.
Muff London said that the City Staff recognizes that the C -3 zone is not easy to live with,
but pointed out that there are three homes in an existing C -3 zone West of the property
in question on Canyon Street. Ms London stated that the Staff recommends the North
portion of the property be changed from C -2 to C -3, in a straight line with the existing C -2
property to the West, but retain the C -2 zone on the South portion of the property. Staff
further recommends that the Commission state specific restrictions to be tied to the
Specific Use Permit and recommended the entrance to the business be as in plan I off
of Oltcn Road.
Gene Hembree made a motion to open a public hearing, seconded by Brandon Brownlee.
Motion passed 7 - 0.
Chairman, Robert Carter addressed the guest and explained the open hearing process.
He requested that the speakers contain their comments to five minutes and that they
comment only on the property in question, and the changes before the Commission. He
asked for anyone in favor of the Zone change and Specific Use permit to please address
the Commission:
Mrs. Barbara Todd of 2511 W 11th, came forward in favor of the changes requested.
Mrs. Todd stated that she and her husband planned to have the establishment open from
10:00 a.m. till 10:00 p.m. with no later hours on weekends. She also stated that they had
prepared the second proposal with the entrance from Canyon Street, because the
Contractor they had spoken with said it would be less expensive. Mrs. Todd stated the
they had checked into other properties in Plainview that were zoned C -3, but found them
to be too expensive. When questioned again about late hour traffic, Mrs. Todd pointed
out that there was a curfew in effect in Plainview, and they did not intend to attract late
night business. When questioned about why a C -3 was needed, Muff London explained
that only the outdoor amusements required the C -3 Zone with the Specific Use permit.
Mrs. Todd was asked what type of water park was planned. She stated that it is
designed for younger children. Brandon Brownlee asked if it could be compared to the
water park at Sea World. Mrs. Todd said is would be similar. This involve sprinklers
around games, not deep water activities and no mechanical rides. It was pointed out that
the Todd's had thought the property was already zoned C -3 when they went into contract
to purchase. Walter Todd stated that they had planned an 8 foot chain link fence to
surround the business, and that he and Mrs. Todd were Certified Peace Officers in the
State of Texas and there would always be a peace officer on duty when the business was
open. Mrs. Todd stated that they planned to have a meeting room and party area, and
offer a light menu, but the restaurant would basically be an ice cream shop.
Chairman Robert Carter asked anyone against the proposed change to please come
forward.
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