HomeMy WebLinkAbout05.28.1996 MINUTES CITY OF PLAINVIEW
PLANNING & ZONING COMMISSION
MINUTES
MAY 28, 1996
The Special meeting of the Planning & Zoning Commission was called to order by
Chairman, Robert Carter.
Commission members present were: Chairman, Robert Carter, Brandon Brownlee,
Frankie Carter, Peter Moll, Gene Hembree, Ingrid Graves, and Lynn Davis.
Staff members present were: John Castro, Director of Community Services and Debra
Harris, Secretary to the Director of Community Services.
Jim Posey was also present.
Gene Hembree made a motion to approve the minutes of the last meeting as written,
seconded by Ingrid Graves. Motion passed 7 - 0.
Gene Hembree made a motion to hear staff determinations concerning Zone Case 629.
Frankie Carter seconded, motion passed 7 - 0.
John Castro, Director of Community Services reviewed the case heard in a Public
Hearing held on May 23, 1996. At that time the Planning & Zoning Commission table the
case pending more information concerning the parking. After consulting with the City
Attorney, Wally Hatch, Mr. Castro found that the number of parking spaces immediately
in front of the building was 5. However, when you move back away from the building
there are no distinctions between parking for individual businesses. The night time
parking is not a problem. Mr. Hatch determined that a Specific Use permit stands alone
and does not take surrounding businesses into consideration. Mr. Castro also researched
past cases in this location and found that no stipulations had been placed in the Specific
Use Permits although the Commission can recommend guidelines.
Chairman, Robert Carter asked Mr. Castro if there was a state law that prohibited any
City from denying private business to operate. Mr. Castro stated that the law required
that all uses be allowed, and the only control Cities have is through zoning. This location
is in a C -3 zoning district which allows Private Clubs.
Brandon Brownlee stated that section 8:3.5 of the City of Plainview Zoning Ordinance
provide for the review of Specific Use permits by the City Council, and if the specifications
of that Permit are not followed, the City Council can revoke the Permit.
Chairman, Robert Carter, stated that during the meeting on the 23rd of May, many of the
neighbors made statements about the activities of the bars, but he wondered if they could
identify which Club the problems were coming from. He asked that the citizens be
encouraged to follow the proper channels in calling the Police when there is a problem,
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and not trying to police the alley themselves. Mr. Carter said he respects the residents
right for a normal life, however, the alley is a public thoroughfare.
Lynn Davis reminded the Commission and those in attendance that the job of the
Commission is to make a recommendation to the City Council based on the facts that
pertain to this case and this case only.
Ingrid Graves made a motion to recommend the City Council grant the Specific User
Permit requested by James Edwards, to operate a Private Club at 3416 Olton Rd. under
the following conditions:
1. The back door be used as an emergency exit only and for loading and
unloading supplies,
2. The rear door be kept closed at all times,
3. No deliveries after 5:00 p.m.
4. Signs posted on the fence in the rear prohibiting parking in that area,
5. A gate be installed in the rear fence with a fire latch, and the double gate
be kept locked, in accordance with sec. 8;3.5 paragraph 5 subparagraph c,
6. In accordance with sec.8:3.5 paragraph 4 subparagraph g, the Specific Use
permit be review by the City Council in 6 months to check for compliance
of the permit.
Frankie Carter seconded the motion. Motion passed 6 - 1 with Brandon Brownlee voting
against.
Chairman, Planning & Zoning Commission
Secretary, Planning & Zoning Commission