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HomeMy WebLinkAbout12.11.1997 MINUTES PLANNING AND ZONING COMMISSION MINUTES DECEMBER 11, 1997 The meeting was called to order by Chairman, Robert Carter. Commission Members Present: Brandon Brownlee, David Julian, Peter Moll, Frankie Carter, Gene Hembree and Lynn Davis. Staff Members Present: John Castro, Director of Community Services, and Debra Washington, Secretary of Community Services. Others Present: Jesus Hernandez, Rudd Owen, Chad Williams, Mike and Judy Tiner, Gerald and Jane Autry, Dannie Layman, Carmen Robbins, Ed Lingnau, and Ronald Wright. David Julian makes a motion to approve the minutes as corrected. Second by Brandon Brownlee. Motion passed 6 -0. Next item on the agenda for discussion is PZ Case #650, the request of Danbe Partners, LTD on behalf of Chad Williams for a Specific Use Permit to operate an arcade /redemption center in Mesa Verde, Unit 1, Lot 1 close to Wal -Mart store. The ordinance defines an arcade as something that has over six machines at a location. The particular place this is to be located is or the requested location is the suite next to Fast Cutters which is Suite #202. There is not a problem with parking. The ordinance defines a parking area must be within 300 feet radius of the front door of the establishment. There is more than adequate parking. Rudd Owen comes forward to speak on behalf of Chad Williams. Additionally, Mr. Owen states he has provided the City of Plainview with an ordinance that does not state specifically the suite the arcade will be designated to. This leaves it open to the whole shopping center. That is something to think about. He asks the Planning and Zoning Commission if they would like to specify a specific suite or decide on two to three suites. But a concern would be the arcade moving from suite to suite . The ordinance can be drafted as requested by the Planning and Zoning Commission. The original ordinance drafted listed only suite #202. If one or two suites is listed, that could also be used to expand the establishment or to move it to a bigger space within the mall. Basically the description used to legally define the proposed location includes the entire shopping center. Brandon Brownlee asks if they have ever done a SUP that covers an area like this one? John Castro adds no, and that every SUP that has been done in the past has been for a specific location. Remember, every time this was done was done in the past, it was for an individual or a specific entity in which they owned the particular location. This is the first time that we have had an application for a SUP in a building in which the building itself is owned by the same individual who is leasing out spaces. Brandon Brownlee asks if this is standard procedure for the city. Mr. Castro replies yes. Brandon Brownlee makes the motion to open public hearing. Frankie Carter seconds the motion. Motion passed 6 -0. Robert Carter asks that anyone who is opposed to the zone change of PZ Case #650 come forward. Terry Carter comes forward and is opposed to the arcade (redemption center) to be located at 1001 N 1 -27. He feels it will bring undesirable people to the area if it were to become an arcade. It will bring too much meanness out that way. He talked with other people that did not get a letter. Ralph Chilton was not able to come and is opposed. Landon Warren, who has Plainview Janitor Supply did not receive a letter and he is opposed to it. He talked with Sue of City Electric and she is opposed to it. He called Jerry Wofford and he did not receive a letter. David Julian says some of the people are too far away. Robert Carter states the people are outside of the radius. Brandon Brownlee asks for a clarification. John Castro explains only people within 200 feet within the corners of the property to be rezoned were to be notified. Everyone was notified within 200 feet of the corners of the proposed area to be rezoned. This is why many people were not notified. They are beyond the 200 feet. Mr. Carter states he realizes that and he wanted to inform the Commission of the people who were opposed to the zone change. Also, Richard Ligon who owns McDonald's has stated that he is opposed to it. Mr. Carter then asks about the location owned by Andy Taylor and believes he falls within the 200 feet. These are his sentiments about the proposal. Rudd Owen comes forward and he represents Chad Williams Inc. who is with the authority of Danbe Partners, LTD filed this request for a SUP. He has done everything that was required. Mr. Williams and his family have been in this area for over twenty years and this will be a quality operation as well. All requirements necessary have been met and they ask the Planning and Zoning Commission recommend to the City Council approval of the request of Chad Williams. Under the circumstances, Mr. Williams will have to lease a suite from Mr. DeAsis. This is still in the planning stage. This is the reason they filed for the whole shopping center. A definite suite has not been indicated. Perhaps if the Commission will choose three suites, that would give Mr. Williams a choice of location. In the event they need to move to another location within the mall for one reason or another or for expansion, they would not have to come back to the Planning and Zoning Commission and not have to go through the procedure again. Peter Moll asks how many suites are available? Mr. Owen answers the total is six or seven. Mr. Owen explains there are people already there who are talking about moving to another location and this business might go into that location. Maybe to place a limitation on where the arcade could be within the shopping center. Perhaps three or four specified suites would be sufficient. Gene Hembree asks if it would be a good objective to limit this to one suite after it is built or something similar to this proposal? In other words, not identify a particular suite but limit the usage to one suite in the shopping center. Brandon Brownlee believes it would be nice to have a specific building and there has never been a case in which something is encompassed that big and even if we did, it would not change who is affected and who is not affected. He understands there are situations like South Plains Mall where people move around all the time. Rudd Owen has been involved with tenants recently who have relocated in the shopping center . The tenants relocate because the building might become too large or too small for their business. Brandon Brownlee states the only thing the Commission should address is the fact that whether or not , disregarding approval or disapproval, if the business ceases for whatever reason under the people requesting the permit, it would no longer be valid. That is the only limitation he can see. Gene Hembree states that is automatic when a SUP is granted. Brandon Brownlee says that was one of his main concerns. Robert Carters asks if there can be a "blanket" location that establishes one but not a particular one, one location. If you establish three, that would be three different locations. Perhaps the people at Fast Cutters, the Gift Shop might not be opposed. Are the people requesting the SUP that every fifth location in the shopping center become an arcade` Mr. Owen suggests that is not foreseen in the future. The concern could be easily addressed by adding in the ordinance not more than one arcade per shopping center. John Castro states perhaps the ordinance could be worded in such a way that one suite would be guaranteed to the arcade per shopping center. The suite would need to be specified. Brandon Brownlee adds it needs to be one physical address. David Julian makes the motion to close the public hearing. Frankie Carter seconds the motion. Motion passed 6 -0. Brandon Brownlee asks John Castro if the city sees a problem with the request. John Castro replies no. With the Planning and Zoning Department, all requirements have been met. Remember that whatever recommendation that is made has to be approved by the City Council. An ordinance has to be cut and amended to the original zoning ordinance to indicate that a SUP exists. By the time the Commission approves it, and we draw up the ordinance, we must have a physical address. We might put something in place to indicate one physical location. Brandon Brownlee asks if the motion must contain the physical location. Robert Carter asks if there were any letters in the file. John Castro replies no, there were no responses. The only people who spoke about the case was Terry Carter. Robert Carter asks if there was a letter from the District Attorney. John Castro responds that there is not one. Brandon Brownlee makes the motion in reference to Zone Case #650 that the Commission approve the request of Danbe Partners on behalf of Chad Williams for a Specific Use Permit to operate an arcade (redemption center) in C -3, commercial general zoning and that be subject to meeting all requirements of the city and the ones that the state has put forth for operating a redemption center and approve it for the City Council to further approve it. Frankie Carter seconds the motion. Motion passed 6 -0, Brandon Brownlee asks if he should amend the motion to include it to one physical address. Peter Moll replies yes Brandon Brownlee makes the motion to amend the motion previously mentioned which limits the request to include one physical address within the shopping center described in the paper work given to the city. David Julian seconds the motion. Motion passed 6 -0. Next order of business if PZ Case #651, the request of Mike Tiner for a Specific Use Permit to operate a flea market. John Castro presents this case. A majority of the area is zoned commercial. All houses are located in a commercial zone. C -3 translates to Commercial General Business . A main concern is parking. The area to the north of the proposed site might not have parking. The area is too small. To the dividing line between the Jenkins building and the Tiner building, there could be about eight parking spaces. To the north of the building, that would have sixteen parking spaces. The back of building might be able to provide thirteen spaces only counting to the portion of the building owned by Mr. Tiner. This brings the total to twenty -nine. He is required to have a total of forty -one spaces. Mr. Castro points out the property directly east of proposed zone change. Mr. Tiner owns this location. The items there are to be moved are a flat bed, pickup, and other items and this area will be used for parking Brandon Brownlee asks if there is a fence around where the property line is. Mr. Castro replies no, there is not a fence around the house. He adds Mr. Tiner has 8200 feet and one parking space for every 200 square feet, he needs forty -one parking spaces. He has thirty something around the building, not counting additional space where the flat bed truck is parked. There were some concerns and Mr. Castro will read letters or the people present may choose to speak if they would like. Frankie Carter makes the motion to open the public hearing. Brandon Brownlee seconds the motion. Motion passed 6 -0. Robert Carter states for those to come forward who are opposed to Zone Case #651. One of the people in the audience opposed to the zone change ask if the letter can be read into the minutes. Robert Carter questions if the public hearing should be changed. David Julian states while public hearing is open, they need to hear from the ones in favor of the zone change. Robert Carter says since noone would like to speak in opposition to the zone change, those should come forward to speak in favor of the zone case. One of the men in the audience asks if the letters will be read . Mr. Carter replies he will not read them in the public hearing. If the person in the audience would like to come up and speak during the public hearing and identify yourself. If not, after the public hearing is closed, this is a formality. Because the people are in the audience, it was assumed that they wanted to speak in opposition. Mr. Autry asks if the letters will be read. Brandon Brownlee answers they will read the letters but after the public hearing has been closed. Mr. Autry asks if they will be read into the records. That is what they wanted to know. Brandon Brownlee asks if he can read the letters into the record. John Castro adds if they want the letters read into the records, that can be done. That will have to be done after the public hearing has been closed. Gerald Autry comes forward. Mike Tiner has been a neighbor for twenty to twenty -five years. Two things you do not want in your neighborhood are a bar and a flea market. Trash, traffic and parking would be the three things that are bad. There has been a bar in the neighborhood, tried to fight it, and even threatened to burn it and he was part of that too, on the other side of it. Ed Lingnau come forward. He has a big vacant lot and he can see problems with it. He can put up signs to keep people out and he knows there will be a problem because it is right there and convenient for people to park on it. Then you run into the problem with getting the police out there and argument ensues and for him, that would be a problem. If he puts a fence up, that might keep some people out of the area, but he has a driveway that might be used by others. In talking to other people who had a flea market in their area, they were not responsible for trash and unloading merchandise. Another concern would be exposing the neighborhood to vandalism and robbery. He has a shop and it is easy to see what he has stored in his shop. These are his concerns. Jane Autry comes forward to speak on behalf of her daughter. The daughter's house is right next door to where the flea market would be. She has two small children and that is one of the main concerns. Mike and Judy Tiner come forward to speak in favor of the zone change. They own the building that we will house the flea market. Mrs. Tiner says she wants to ensure her neighbors that it will be a quality operation that will have new and used merchandise. They do not anticipate a problem with traffic because the location is directly off the interstate. The area is already zoned commercial and they just want to change the use of the building. She understands the concern of the small children and talks of the electric fence directly east of the building. Maybe this will help. They do not believe the traffic will be that big of a problem and hope business goes well. They have a sketch and have a few more parking places that listed previously. Mrs. Tiner presents a letter from Buster Jenkins who owns the building south of the Tiner building which states, "To whom it may concern: I agree to allow parking for customers of 1 -27 Trader's Treasures to park on my portion of the property jointly owned by Tiner Machine & Auto Supply, Inc. and myself located just east of my building located on South 1 -27, Plainview, Texas. 1 also agree to allow overflow parking in front and in back of my building during the week -end business hours of operation of 1 -27 Trader's Treasures. Note: Some equipment and/or vehicles now occupying a portion of that area will be arranged and /or moved to better accommodate parking." • Mrs. Tiner states she has tried to cover all bases and wants to be in agreement with her neighbors. Mr. Tiner states he has been in the area for over twenty years and does his best to take care of business. When something needs to be fixed or handled, he does his best to take care of it. He always has and does not believe it will change. He again speaks about the letter from Buster Jenkins. Brandon Brownlee asks for a clarification. He would like the overhead turned on again. He asks if the view on the overhead shows where the house is near the residence. Mr. Brownlee asks if the Tiners could put out the area where it is believed to be a problem with traffic and pollution. If there was a fence along that area, perhaps it will help with the problem and understands why those in the audience are concerned, he has small children as well. Possibly, this will help keep patrons off the other landowner's property. Mr. Tiner again reminds the commission that this area is zoned commercial. Peter Moll asks the Tiners where is the empty lot discussed by Mr. Lingnau. John Castro replies it is across the street. Peter Moll asks if the Tiners are willing to build a fence on the two sides. That would take care of the problem. In order to prevent any traffic in the empty lot. Brandon Brownlee says perhaps that would not eliminate the problem. The Lingnau property is divided. There is a road there. Whether it be county or other. Frankie Carter makes the motion to close the public hearing. David Julian seconds the motion. Motion passed 6 -0. Robert Carter first would like the letters read into the minutes. John Castro begins by reading the letter received from Mr. Autry. Mr. Autry's reasons for being opposed to the zone case is 1) The safety of small children living next door. 2) Not enough parking 3) Trash Mr. Royce White is opposed to the zone case for the reason : "We have two young children and we fear the increased traffic will pose a threat to them. People already tend to use our lot as a drive through (see below) but at least the people at Jenkins know to watch out for our kinds. Strangers would not know." Mr. White drew a sketch showing people use their lot to drive around the building next to it. Mr. Lingnau also wrote a letter in opposition along with pictures. The letter states: "I want to express opposition to the flea market proposal across the County Rd. 105, south of my property. The map that was sent has several inaccuracies. One of which is showing a triangular area (on the map marked with yellow) west of the Tiner Property, that could be used for parking. That area does not exist, because 1 -27 makes a bend at the County Rd. intersection 105. It appears to me that the available area for the flea market parking would be adequate for the booth vendors, and not much for the customers. That will create a problem for the area and for the people wanting to park on the vacant lot north of the Tiner building. Experience has already shown that signs will not prevent the usage of that area and I will have to incur the expense of building a fence and making the damage repairs to that fence. There will also be an increased trash pollution problem for all of the neighbors and businesses in that area. Due to the reputation that flea markets have for selling stolen merchandise, I feel that all of us in that area will have a much greater percentage of vandalism and burglary and /or robbery. John Castro clarifies this situation. According to the surveyor, Carl Joe Williams, there are two sets of numbering systems. This is confusing and they overlap on the county road. The survey of one block takes in the Tiner property to where immediately west the Autry property is under the block of the survey to the south. It was hard to figure out where the exact location of the proposed area to be rezoned. Mr. Tiner adds the city had an easement that goes around the side of the property. Brandon Brownlee asks if the people in the two houses by the location have trash pick up . Mr. Autry says they have private pick up but city is available. Brandon Brownlee asks if this would interfere with the ability to pick up trash even if it is private. John Castro replies no, because in order for the fence to be effective, you could not make the fence cross the easement so they would have to build the fence on the Autry property line. Peter Moll asks if he heard right that part of the fence would have to be built on the Autry's property. John Castro says it will have to be built on the lot line. Otherwise if it is built on the other side of the easement, and put the easement on the side of the Autry property, every time there is digging on the easement, you will have to tear down the fence. Brandon Brownlee asks if the staff has any recommendations other than those previously brought up. Other than that, is it within the letter of the law? John Castro concurs. They have fulfilled all of the obligations to get a SUP. Brandon Brownlee asks if this would be only for the Tiners. John Castro adds it is up to the Commission to give favorable recommendation if they so choose. They have the power to give recommendation to grant Mike Tiner a SUP at the that location. The process is not complete until the reading of the ordinance is done twice by the City Council. The individuals against the case will also be allowed to speak. ` Brandon Brownlee says some members have been on the Commission for a long time. Perhaps it should be stated in these meetings, and that is the Commission can only do what the law requires. By the letter of the law, they can only do what the law states or the city is put in harm's way. Unfortunately, whatever is done has to be by what the book says. There are areas in which the Commission can read into it such as a fence and other things. John Castro reminds those present that the City Council can overturn anything that the Planning and Zoning Commission recommends, whether it is approval or disapproval. Robert Carter asks if there will be any more discussion. Lynn Davis asks Mr. Autry if the fence would be suitable or an agreeable solution for the problem. Mr. Autry replies it is not on his property. Mr. Davis thought it was his property. Brandon Brownlee asks if the property belongs to his daughter. He replies yes. Brandon Brownlee says it is hard to say based on what has been heard, the potential for trash. He has seen the business. When people did have business before at this location it was kept up and in good condition. He understands the safety issue on the fence. The only concern would be to put a third leg on the fence. John Castro suggests possibly fencing that would prevent people from driving in the rear of the location. Lynn Davis asks if that is part of the trash route. John Castro replies the fence will help with the trash problem. Mr. Davis says he is referring to the trash truck. David Julian asks where is the route of the trash truck. Mr. Tiner says he is unsure of the route . David Julian asks if it is between the two houses, the easement. Mr. Tiner replies yes. Mr. Autry says there is not an easement between the two houses. Robert Carter asks if a fence were put in that would block the movement of that truck on the easement north and south leg of that "U ", would that be a problem? Mr. Autry says it will not be a problem for him. David Julian says it can work, the lot is big enough. Mr. Tiner says on the weekend the fence will be fine but during the week Jenkins has a semi he uses to pick up little tractors with. Robert Carter asks if that would be the south leg boxed in. Brandon Brownlee says the east corner would be the problem. Robert Carter asks for the location to be clarified. Mr. Tiner explains the location to the Commission. John Castro asks who owns a particular part of the lot where the truck comes in and turns around. Is it a travel easement for Mr. Jenkins? If not, it does not matter what you put around it. Lynn Davis agrees, that is Mr. Autry's property. Brandon Brownlee says this is a catch 22 for Mr. Jenkins. Mr. Autry replies he has twenty feet of the area in question and the Whites have ten feet of it. It is a thirty foot easement. Mrs. Autry speaks and expresses her concern. There are two grand children that run back and forth between the houses. The reason a fence has not been put up because everyone has always watched the children and everyone worked together. The children usually come over on weekends when the family is at home. Robert Carter says the discussion is about the building of the fence and if that would restrict customers of the proposed flea market from moving and using that easement would serve the Autry property better than what problems it might cause Jenkins. Mrs. Autry says she does not want to cause any problems for Mr. Jenkins. Robert Carter says perhaps there is another way to move the semi (truck) another way. Brandon Brownlee asks if they can drive around the building. Isn't there an exit on the south end of the Jenkins building onto the interstate. Lynn Davis replies no. Brandon Brownlee is not trying to restrict business but there is a safety concern. As long as it is within the city code it will work. Mr. Brownlee adds perhaps Mr. Jenkins and the neighbors can work out the situation with a fence or gate and they could control that. We cannot control that. Gene Hembree makes a motion to approve the request for the Specific Use Permit for Zone Case #651 with the addition of the fence on the property line to be worked out by the neighbors. 'David Julian seconds the motion. Motion passed 6 -0. With no further business, Brandon Brownlee moves to adjourn the meeting. Motion passed 6 -0. Chairman, Planning and Zoning Commission • i/ ecretary, Planning and Zoning OA•mmiss