09.21.1989 PZ MinutesPage 306
Minutes of
Planning and Zoning Commission
Public Hearing - September 21, 1989
Fire Station
Chairman* Bill Cromer called the meeting to order at 7:35 PM*
Members present were Bill Cromer, Roger Hurlbut* Mike McCarty and
Mary Salinas* Thomas Boone, Glynn Cavasos and Joe Moniz were absent*
I}EM-@[].;„--1- Public Hearing to receive citizens comments regarding
a Special Use Permit for a pawn shop to be Located at 405 West
Mansfield Highway' by Mr* John Reese, Mr* Bob Bennett is the owner
of the building*
lweive people registered against the proposed pawn shop, and two
people signed in for the pawn shop*
A letter was turned in by Ms* Dianne Suarez, an English teacher for
the Kennedaie Junior High School stating she was against the proposed
pawn shop*
Ms, Marilynn Bassett, Mr* Jim Witty, Mr* Sheldon Pi,-,Win, Mr* Juan
Salinas* Ms* Judy Gray and Mr* Dennis Case spoke against the pawn
shop* Mr* Bob Bennett and Mr* Reese spoke for the •pawn sh»P^
Mr* Reese stated he would Like to put his second pawn shop in this
area* He has been located in Arlington for 20 years, and is aiso a
Tarrant County Bail Bondsmen* Mr* Reese said about 25 percent of his
customers were from the Kennedaie area and he though it would be more
profitable for him to Locate a business in Kennedaie^
Mr* Rowe pointed out on the Master Land Use and Thoroughfare Plan Map
^to citizens where the proposed pawn shop would be located. Also
highlighted was the Primary School* Junior High Schooi,`DaY Care'
Retirement Home and Senior Citizen Facility all of which is located`
within 200' of the pawn shop* The main reason for the public hearing
was that the city's current zoning ordinance does not provide for
pawn shops in the "E" Commercial Zoning District* Therefore' Mr,
Bennett has requested a Special Use Permit for the Pawn Shop at his
location*
The following persons spoke against the pawn shop:
Ms* Marilynn Bassett stated her father owned four pawn shops as she
was growing up* The clientele the pawn shops a(i/act is not always
good* She has seen winos, prostitutes, and drug dealers* as well as
other citizens, Ms* Bassett doesn't feel the Location is good due to
the Location of the primary and junior high schools* There would be
children walking home and she feels this would be a high risk for
them*
Page 307
Mr. Jim Witty said he felt the same, and also presented a Petition
with 44 signatures against the pawn shop. Mr. Witty stated the
Location was inappropriate due to the distance of the primary and
junior high school. Aiso, feels the pawn shop will affect the
property values for today as well as for the future, and would Like
to see some other businesses come to the central business district
that will better serve the needs of the community. He feels a pawn
shop Located where this one is proposed to locate wilt hamper any of
our efforts to have more desirable businesses to Locate in this area.
Mr. Sheldon Hahn said if we wanted to promote a better image for
Kennedaie and bring in more desirable businesses, the city needed to
promote businesses to improve real estate values not businesses that
will decrease values.
Mr. Juan Salinas stated there are enough pawn shops down the
Mansfield Highway in Forest Hill and Arlington as well as others to
take care of the clientele for this area.
Ms. Judy Gray spoke from a schooi teachers point of view saying that
the citizens would Like to improve the quality of Life and Living
standards for the school children.
Mr. Bob Bennett, owner of the bu|iding, spoke for the pawn shop
stating he had previously had his tile company Located in the same
building for five years. He Leased it out to the Beetle Barn and it
was pretty well trashed out. He thought a pawn shop wouldn't be bad
because it is state regulated.
Mr. Reese said he agreed with the statement of winos, prostitutes,
and drug deaiers, but said all of these people go into super markets
daily. He said pawn shops were the only place to allow someone to
borrow under $1,000 immediately. State law prohibits banks from
doing this and signature Loans take three days for approval. Mr.
Reese stated that he works real close with the Arlington Police
Department, and has helped solve a Lot of crimes before the Police
department was aware of it. Mr. Reese said that he does not deal
with stolen merchandise and try to resale it. He works with 8ary.
Parks, one of Arlington's Pawn Shop Detectives. Aiso, stated the
commissioner in Austin controls pawn shops and controls where they
operate. He presented a letter from the commissioner that references
Locations of pawn shops and regulations.
Mr. Reese stated on every sale he makes a bill of sale with Drivers
License number and a persons complete description is taken. This
information is turned over to the police department once a week and
entered into computer systems to check for stolen merchandise, Pawn
Shops are not operated as seen on national television. People are
not buying and selling only stolen goods. Pawn Shops are controlled
so closely by the state and Local police departments. If not
operating within guideiines, owners take a chance of losing their •
License.
Page 308
Mr^ Reese replied that if the city does not want this' there is
plenty of other places to go too Said some of the bigger pawn shops
will try and come into Kennedaie before [ong^ If the people do not
Like it, they can have the commissioner rule on a place for a Pawn
shop,.
Mr^ Dennis Case stated the citizens spoke their good points as wily
we do not want a pawn shop in the Kennedaie area,. He said to think
about how close pawn shops are regulated; and the fact that they do
not regulate super markets that close,. Pawn Shops are always in
contact with the police department, it's not so much the business
that they are }n, it's the clientele they attract, and that is what
we don't want to see in Kennedaie^
Ms^ 8assett questioned Chief Geeslin on what percentage of stolen
merchandise is recovered from pawn shops, and if the stolen
merchandise is recovered' where does the stolen merchandise come
from? Also; feels since there is a fairly new housing addition close
by, the the merchandise has a greater chance of coming from their
homes,
Chief Geeslin stated they do recover a percentage,. About 25 percent
of the property is recovered from pawn shops,. Stated it was a double
edge sword* Police look at this from a reverse mngie^ A Lot of the
times, if not recovered from pawn shops, it is not recovered at all*
He spent most of the day surveying 30 percent of the police
departments around this area, and he talked to 12 different police
chiefs,. None of us Like the clientele or location; but does a pawn
shop immediately mean that you are going to have an increase in
crime,. The answer is no and it cannot be proven,. Police Departments
Look at pawn shops with a hard angle because they are hi^@hiY
regulated* The most regulated public orientated business in the
state,. The commissioner; as far as pawn shop goes, is the word of
the law period,. There is no one higher,. Chief Geesiinstated he
does not Like all the people that go inside, but there are good
people that go there too,. " It's just another job we have to take
care of^ I think the Location is the biggest concern' not the pawn
shop^ The business itself is no more trouble than a Local store that
had to shut down because there was so much theft^"
Mr^ Witty spoke again saying he sympathizes with the gentlemen and
that we're not just against pawn shops^ We're saying basically we
are not comfortable with the iocation^ Location is simply not
acceptable for this community, it will have a negative impact on
property values* I think this city should think Long term and what
this city wants to iook iike^
Mr^ Reese stated that state law prohibits pawn shops from doing
business with anyone under the age of 18^ He has a policy that if
children are not with their parents, he doesn't allow them to hang
around the store^
Chief Geeslin said he checked Mr^ Reese out himself with the
Arlington Police Department^ Mr^ Reese had not had any compiaints,
Page 309
and has been very helpful to the police deportment* Geeslin
stated that he has talked to five pawn shops withinhe Last two
hours* This is the first request and it's going to come oP again.
ALL of the citizens are going to have to deal with this issue. We
need to develop an ordinance or whatever it takes* ALL surrounding
cities have pawn shops* [t has to be addressed properiy^ He stated
thot Mr, Rowe and he had reviewed Fort Worth's ordinance and their
policy has a 500/ distance from schools or single family dwellings*
and 500/ from another pawn shop* Said the city needs to decide on
how it wants to address this because there are others who are going
to try and come in* Chief Geeslin also stated that this is the only
business a policeman can walk into and freely examine everything
that's inside the store without a warrant*
Ms* Salinas stated she did talk to Mr. Reese, and aiso called the
commissioner' Mr* lnsiee^ Mr* lnsipe did inform Mary that as of
Setpember 1, 1909, the emergency rule that was put in •on that date
concerning pawn shop locations that it is now necessary for pawn
shops to comply with iocai ordinances. Ms* Salinas stated that was
our main problem because our ordinance does not address pawn shops*
Mr* Hurlbut questioned Mr* Reese if he had viewed the Cities zoning
ordinance referring to "[" Commercial* Mr* Reese replied no, he
tried to get copies from the city, but the city told him they did not
have an ordinance addressing pawn shops. Mr* Hurlbut stated he felt
the ordinance did address the situation since it listed specifically
enumerated uses and pawn shop was not one of them* Mr. Hurlbut
couldn't see where an application could he permitted* Mr. Reese
replied that he was under the impression that's why the city* was
holding a public hearing to see if a pawn shop could go in*
Mr. Cromer stated Mr* Reese was asking for a nonconforming use*
Mr* Hurlbut then asked Mr* Reese if he had Looked at other Locations
to Locate his business* Mr* Reese said he might consider another
Location but to be honest, the buildings that he had seen up and down
the highway did not appeal to him* He wanted a decent building so he
could operate a nice clean business*
Mr. Huribut questioned Mr* Reese if he would address P & Z a{ a Later
date if he found another Location* Mr* Reese replied he did not know
at this time* Mr* Hurlbut said he felt our ordinance directed
against pawn shops* Mr* Reese said if the ordinance is against it,
then hp would look elsewhere*
Mayor kadakov)ch asked Mr* Reese on how his inventory was taxed, and
what percent is taxable* Mr* Reese stated that everything he sells*
he has to pay sales tax unless it is loan transaction* He is sent an
application once a year to fiii out and return for his inventory for
personal property tax* Everything is taxed at 100 percent*
Page 310
)here being no more discussion:, motion was made to adjourn the pohiic
hearing by Roger Huribut, seconded by Mary Saiinas^ Motion carried^
APPR[/VEM
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THE FOLLOWING RESIDENTS OF KENNEDALE OPPOSE THE APPROVAL OF
THE OPENING OF A PAWN SHOP WITHIN THE CITY LIMITS. WE FEEL
WILL HAVE A DETRIMENTAL EFFECT ON THE RESIDENTIAL NATURE OF
FURTHERMORE IT:;S LOCATION IN CLOSE PROXIMITY TO THE PRIMARY
OUR CHILDREN AT RISK.
ADDRESS
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THE FOLLOWING RESIDENTS OF KENNEDALE OPPOSE THE APPROVAL OF A PERMIT ALLOWING
THE OPENING OF A PAWN SHOP WITHIN THE CITY LIMITS. WE FEEL THIS TYPE OF BUSINESS
WILL HAVE A DETRIMENTAL EFFECT ON THE RESIDENTIAL NATURE OF OUR COMMUNITY.
FURTHERMORE ITS LOCATION IN CLOSE PROXIMITY TO THE PRIMARY SCHOOL WILL PLACE
OUR CHILDREN AT RISK.
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THE FOLLOWING RESIDENTS OF KENNEDALE OPPOSE THE APPROVAL OF A PERMIT ALLOWING
THE OPENING OF A PAWN SHOP WITHIN THE CITY LIMITS. WE FEEL THIS TYPE OF BUSINESS
WILL HAVE A DETRIMENTAL EFFECT ON THE RESIDENTIAL NATURE OF OUR COMMUNITY.
FURTHERMORE IT'S LOCATION IN CLOSE PROXIMITY TO THE PRIMARY SCHOOL WILL PLACE
OUR CHILDREN AT RISK.
ADDRESS
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4311 Spring Brook
Arlington, TX 76017
September 21, 1989
Planning and Zoning Secretary
P. 0. Box 268
Kennedale, TX 76060
Planning and Zoning Commission:
I am writing in reference to the public hearing that will be held tonight to
consider whether or not a pawn shop will be located at 405 West Mansfield
Highway in Kennedale.
Kennedale is a nice, quiet community that I have enjoyed working in and living
in for a number of years. It is my belief that the establishment of a pawn shop
within its boundaries will do nothing but tarnish its respectable image and
bring to it a disreputable element.
Please give this matter a great deal of careful consideration before making a
final decision. Thank you.
Sincerely yours,
01,442--)1
Dianne Suarez
Teacher of English
Kennedale Jr. Hi.
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Page 311
Minutes Of
Planning and zoning Commission
Regular Meeting - September 21, 1989
Fire Station
Chairman, Dill Cromer called the meeting to order at 7V35 PM.
Members present were Dill Cromer, Roger Hurlbut/ Mike McCarty and
Mary Salinas. Thomas Boone arrived at 9W5 PM. Members absent
were Glynn Cavasos and Joe Moniz^
- Consideration of minutes dated August 17, 1989 and
September 7, 1989^
Minutes of the August 17, 1989 and September 7, 1989 meetings were
approved as submitted.
ITEM-NU.$„--2 - Mr. John Reese - Consideration of a Pawn Shop at
405 West Mansfield Highway,
Mr. Cromer asked if anyone had any further comments regarding the
pawn shop.
There being no further comments, Mr. Hurlbut made a motion to reject
the application by Mr. Reese for locating a pawn shop as requested,
seconded by Mike McCarty.
Mr. Cromer stated it was the consensus of the P&Z Board to reject the
application and that will. be whatmewiii send to the city councii'
however, it is their final say as to whether it will be or whether it
will not be allowed.
A1EH-NW--4 - Ms. Signe Edwards - Consideration of a •repiat of
Block 64, Lots 1K and 2K, Original Town of Kennedaie^
Mr. Steve Keeton, representing Keeton Surveying was present to review
Ms. Edwards repiat^
Mr. Keeton presented a copy of the repiat showing some field work he
had completed regarding the flow line going across Lots 1R' referring
to item No. 6 in Cheatham & Associates Letter dated • September 14,
1989 (attached). Mr. Keeton feels in order to solve the problem a
drainage ditch/easement should be placed along the center line of
East 6th Street. He aiso, stated that Items No's. 1-5 have been
corrected.
Mr. Keeton replied that Ms. Edwards was concerned with Item No. 7'
but said it wouldn't be a problem for h}mi. He thought the inspection
department should determine the finish floor elevation since it was
not in the 1O0 year flood plain.
Mr. Greg Last, representing Cheatham and Associates was present to
address that there were two different issues, the finish floor
Page 312
elevation and the drainage topo^ It was their recommendation that
the city require a finish floor adjacent to the drainage, swaie going
through or adjacent to the property* There is a finish .floor
required any where near a 100 year flood plain. Additionaiiy'
anywhere there is a drainage swa[e or accumulation of water adjacent
to the property, you need some type of drainage easement. recommend
they at Least provide minimum finish floor on the plat - a foot or
two above the flow line for what we would determine the-elevation of
water as it goes through that property. This allows the building
inspector to enforce the slab elevation as the builder builds on the
iot,
lhe problem with waiting and having the inspector do this is somebody
has to go out and determine all the elevations and establish it at
that time as if it was on the piat^ if they don't build on the lot
within five years, the number wilt still be on the plat and the
ground is not going to change* lhe two issues kind of interrelate.
He still feels there should be a finish floor in relation to the
elevations in the swaie^
Mr. Last stated tonight was the first time that he had seen the
alignment of the drainage that comes through the culvert.. on
Broadway, Mr. Last asked Mr. Keeton if he had a chance to walk 'down
the east Line and if there was a low point on the east Line? Mr.
Keeton replied that he did walk down the east line and it is
generally sloping all the way back and felt the whole area was low.
Mr* Keeton feels at one time there might have been a corrugated pipe
or something; there is no natural drainage.
Motion was made by Roger Huribut to approve the repiat of Lots 1R and
2R' Block 64, Original [own of Kennedaie, conditionally upon meeting
each of the suggestions by Cheatham and Associates letter dated
September 14, 1989, particularly the addition of Item No:. 6/ that
there be a 15' parallel easement of the south edge of Block 64 for
drainage and utility easements and that Item No. 7 require there be a
finish floor elevation provided by the city engineers, seconded by
Mike McCarty. Motion carried.
ATYA-NUt--3 - Mr. Ralph Shelton - Consideration of Preliminary
and Final I. for Block 1, Lots 1-17, and Block 8, Lots 24-31'
Quail Creek Addition, Section One out of J.R. Hawkins Survey.
Mr. Jeff Terry representing Di Sciuiio & lerry/ Inc. Consulting
Engineers was present to represent Mr. Ralph Shelton and answer
questions regarding Cheatham & Associates letter dated September 14.
1989^
Mr. Terry addressed the comments by city engineers stating that they
agreed to comply with Item No's. 1-4, 6, 9-12, and 15-18^ (Please
refer to attached Letter).
Mr. ferry explained the disagreements on the following items:
Item No. 5 - Mr. Terry said he had discussed this with Mr. Last and
had reached an agreement. Mr. Last reassured members that the
Page 313
center Line and reverse curve wouid dictate to foiiow the iine^ Mr.
Terry has provided them with some additionai pians showing the
pavement aiiqnment and it does iiiuminate the issue to the point that
Cheatham and Associates is satisfied and that they wiii work this
item out.
Mr. Terry repiied that with Item No. 7, he was under •the imPress(on
that a 25' buiiding setback was approved. Mr. Rowe said that it was
brought up in discussion at the time the pre[iminary was submitted'
and stated the cities requirement was 30', and if the 25' was to be
used that a variance and pub[ic hearing would be required. Mr. Terry
asked if there was a motion regarding this in the minutes? Mr. Rowe
stated no, but that the Lack of action on the 30' setback did not
change the requirement.
Mr. Terry then addressed Item No. 8' right-of-way dedication of
Subiett Road. Said this was a very significant probiem •to them at
this point. Mr. Terry said on the preiiminary piat *hat was approved
they had showed a dedication of 40' which is wider than the
thoroughfare had called for. He said the thoroughfare caiis for 4-6
Lanes which is the same as Littie Schooi Road which is 90', Mr.
Terry stated that a 4-Lane undivided road can easiiy be constructed
in a 8O' right-of-way.
Mr. Rowe said that Mr. Sheiton did receive a copy of aii
correspondence from the City of Ari}ngton dated Juiy 10/ 1989' which
contains the request for additionai right-of-way. Mr. Terry said
that he has not seen that Letter.
Mr. Terry referring to Item No. 13 stated there wiii be a bui[ding
site on Lot 31 and that they wiii dedicate a drainage easement to
contain the iake^ Lake wiii be on Lot 31 and adjacent Lot.
Mr. ferry stated that he is at an agreement with Cheatham and
Associates after they had reviewed the construction plans. Mr. Last
stated that this item was an Arlington request.
On Item No. 19, Mr. Terry said that they agree to put in a 10" Line
across their property to tie into the 6" tine. He feeis this wiii be
sufficient to suppiy the first phase. Any additionai wiii tie back
into Peggy Lane and as the deveiopment goes further south, the need
• to Loop the Line will be provided. Mr. Last agreed with this
approach.
In addition to the Letter from Cheatham & Associates, Mr. Terry had
the foiiowing comment regarding the Letter from the City of Arlington
referring to the escrow fees, Mr. Terry stated that the City of
Ariington has an impact fee ordinance. When a builder )s issued a
permit, he w(ii pay fees for the deveiopment of the road. Arlington
wiii not coiiect anything on the south side of Subiett in their city
Limits, and it is Ariington's road. Mr. Rowe replied that our city
attorney, Don 0river was reviewing the Letter to see how to handie
this iegaiiy^
Page 314
Mr, Terry then requested approval of the plat as it stands with the
corrections they have agreed upon in the letter and other agreements
with Cheatham & Associates.
Mr* Rowe suggested to members that they reconfirm the preliminary
plat to get the preliminary plat requirement taken care of' and still
put the same type of restrictions as they did the first time that
they approved they plat contingent upon the developers meeting the
concerns of our city engineers and city staff for each subsequent
final plat submission*
Mr* Hurlbut stated the 25' building setback line • should comply with
the city's ordinance of 30'^ Mr* Terry said this would -require them
to use a Lot of the front yard and would Leave very tittle rear
yard* Mr* Rowe replied the only alternative would be to ask council
for a variance to approve a 25' setback*
Mr* Hurlbut then questioned Mr* Terry if he could go ahead and
dedicate a 60' right-of-way* Mr* Terry stated he provided sufficient
right-of-way* Granting additional right-of-way would delay the
project*
Ms* asked about street tights? Mr* Terry said there were
easements provided for street tights*
Mr* Hurlbut asked about sidewalks? Ni r^ 'ferry did not allow for them
but said there was plenty of room if required*
After a Lengthy discussion, Roger Hvribut made a motion to recommeM|
approval of the plat that was submitted to the P&Z as a Preliminary
Plat:: Section One of Auaii Creek subject to the conditions of our
engineers letter outlined in the September 14, 1989 letter be met as
welt as the other comments of our engineers that was previously
mentioned in their July 19th letter and any other concerns the city
engineers have. Item No* / addressed by Cheatham & Associates '
would like to see that as a 3O' minimum, and if developer has any
concerns about getting variances* hp can take this up with city
council; Item No* B, [ recommend to city council that they consider
the recommendation of the City of Arlington requesting 60' center
line as an idea but not as something we're going to necessarily
require and if they think we are going to go 40', that's fine* and
also* the recommendation of city engineers about the deveiopers
agreement for the street escrow would ask that the city attorney give
a legal opinion as to the legality before this reaches city council
so city council can review that and decide* seconded by Mike
McCarty* Motion carried*
1}LMAUA-_5
6enerai Discussion.
Page 315
There being no further discussion, motion to adjourn the me*^11119 was
made by Mike McCarty ' seconded by Mary Sai)nas^
Meeting adjourned at Yt.46 F'M^
ATlISl��
_~--`----~~
Piann1n9 11 nq Secretary
APPKUVEV�
°
Chairman,^ 8i |i Cromci