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HomeMy WebLinkAbout01.08.1998 MINUTES 1 PLANNING AND ZONING COMMISSION MINUTES JANUARY 8, 1998 The meeting was called to order by Chairman, Robert Carter. Commission Members Present: Brandon Brownlee, Peter Moll, Frankie Carter, and Gene Hembree. Staff Members Present: John Castro, Director of Community Services, Debra Washington, Secretary of Community Service, and Ches Carthel, Director of Public Works. Others Present: Donald Mansel, Ed Simmons, Margaret Savage, Elbert Savage, and Harold Germany. Brandon Brownlee makes a motion to approve the minutes. Second by Frankie Carter. Motion passed 5 -0. Next item on the agenda for discussion is PZ Case #652,the request of Donald Mansel for A Specific Use Permit, to operate an Arcade (Redemption Center) in C -2 (Commercial Retail), Zoning District and being, TRACT 1: Tract 1 out of Block 43, Lakeside Addition of the town of Plainview, Hale County, Texas described by metes and bounds as follows: BEGINNING at a point 155 feet East of the Northwest corner of said Block; THENCE South 170 feet; THENCE East 288 feet; THENCE Northwesterly along the boundary line of the Ft. Worth and Denver South Plains Railroad right -of -way, 239; THENCE West 132 feet to the PLACE OF BEGINNING. TRACT 2: A tract of land 170 feet x 155 feet out of Block 43, Lakeside Addition to the town of Plainview, Hale County, Texas, described by metes and bounds as follows: BEGINNING at the Northwest corner of said Block No. 43; THENCE East 155 feet; THENCE South 170 feet: THENCE West 155 feet; THENCE North 170 feet to the PLACE OF BEGINNING. TRACT 3: All that portion of Block No. 42, Lakeside Addition to the town of Plainview, Hale County, Texas, lying South of the Ft. Worth and Denver South Plains Railroad right - of -way, and being described by metes and bounds as follows: BEGINNING at the Southwest corner of said Block No. 42; THENCE East 225.6 feet to the West boundary line of the Ft. Worth and Denver South Plains Railroad right -of -way; THENCE Northwesterly across said Block with the West boundary line of said railroad right -of -way to a point in the West line of said Block No. 42, 221.7 feet North of its Southwest corner; THENCE south 221.7 feet to the PLACE OF BEGINNING. The same being 2002 North Quincy Street, Plainview, Texas John Castro presents this case. The definition of an arcade by ordinance is an establishment that has six or more coin operated machines. Mr. Mansel has eight machines in the building and he was not aware of the requirements for a Specific Use Permit for an arcade. Correction: He has eight or nine machines. As stated in the ordinance, an arcade cannot be located within three hundred feet of a residentially area. However, there is a provision in the ordinance that states, "If the city council affirmatively finds that issuance of the Specific Use Permit would not be detrimental or injurious to the public health, safety or general welfare, or otherwise offensive to the neighborhood." The Specific Use Permit could then be granted. Brandon Brownlee states he is glad the applicant has come forward and Mr. Mansel should be applauded for his efforts in fixing up the bowling alley and the vending machines and pool tables have been at the location for a long time. Based on the way Mr. Mansel has cleaned up the place up, he thought perhaps the situation occurred because it was "grandfathered" in. With the other people who ran the establishment, it ceased to exist so they had to come back for it. Is that correct? John Castro replies that he contacted one of the previous employees and that individual said there were only four machines. Brandon Brownlee says there was a major investment at the location. Mr. Castro states the staff has no problems with the request of Donald Mansel. There were six responses, one was opposed, five in favor of. Two responses were telephone conversations and the other responses received via mail. The property owners returned the forms that the secretary mailed out to them. Robert Carter adds if there is no more discussion, he would entertain a motion. Brandon Brownlee makes the motion to open public meeting. Frankie Carter seconds the motion. Robert Carter announces that if anyone would like to speak in opposition, they may do so at this time. Margaret Savage comes forward. She owns the Rouser Building which is an office building in the area. She has had some problems in the area with gang related activities and she feels the arcade might be a drawing factor for more problems. She does not want to stand in the way of someone trying to make a living and this sort of thing. But her thinking would be it might bring more gang related problems and if you have people • working in the office late at night, there is one lady that does tax returns probably until midnight. She does not want the screeching tires, fights, and things of that nature going on. Mr. Mansel comes forward. He begins by addressing Mr. Savage's concerns. He believes he has addressed the gang problem very well. He has a center in Amarillo which was on the wrong side of town, cleaned up the building, made a truce with the gangs, they do not hang around and cause trouble. He does not anticipate any problem at the location on Quincy Street. He does not anticipate a problem getting out of control. He does not see a problem at the present. Mr. Mansel was not aware at first that he needed a Specific Use Permit and feels the zoning is incorrect. He plans to put nine machines in one room and still does not understand the zoning. Donald Mansel believes there will be no ill or adverse effects on the area. The general use is bowling. The machines are for entertainment purposes. Brandon Brownlee makes the motion to close the public hearing. Frankie Carter seconds the motions. Brandon Brownlee makes the motion to recommend Planning and Zoning Case #652 sent to City Council for approval. Gene Hembree seconds the motion. Motion passed 5 -0. The next item for discussion is the addendum, the combination plat for the Bryan Addition, Unit No. 10, which was submitted by Ches Carthel, Director of Public Works. Mr. Carthel states that the location is SE 14th and Date Street. Mr. and Mrs. Delgado would like to build a homestead at this location. there has been no word from the utility companies. Mr. and Mrs. Delgado would like to be allowed to defer the paving costs to for the eastern part of the property. Presently the City of Plainview is working on formulating a contract and once it is complete, it will be tied to the land. Brandon Brownlee asks if the two people are working with Wally Hatch, City Attorney. Ches replies that there have been similar agreements with the City of Plainview and property owners in the past. Mr. Hatch is currently working on the contract. Mr. Carthel's recommendation are as follows: Incorporate any easement requirements from the other utilities in the final version of the plat and dedication deed, and execution of an agreement, to the satisfaction of the City Attorney, and to participate in the paving of SE 14th Street in the future should it be deemed necessary. Peter Moll makes the motion for the Planning and Zoning Commission to send the combination plat of the Bryan Addition, Unit No. 10 to the City Council for approval. Frankie Carter seconds the motion. The motion passed 5 -0. With no further business, the meeting adjourned. Chairman, Planning and Zoning Commission / /' j� h Secretary, Planning and Z ning Commission