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HomeMy WebLinkAbout2002-09-03 PLANNING AND ZONING September 3, 2002 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Chairman McNeese at 6:30 p.m. for consideration of scheduled items in the Council Chambers in Building "B" of the Municipal Building. Chairman McNeese stated there was a quorum of members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT: Chairman McNeese Bill Tarin Vice Chairman Grove Tony May Monty Huffman Ron Hughes John Deithloff Mike Collins, Director of Planning and Development Eric Wilhite, Planning and Development Manager Ron Young, Director of Public Works Bill Ridgway, Director of Economic Development Charles Anderson, Fire Inspector Karla Allen, Administrative Secretary VISITORS: Mike Pasquale, Town & Country Cigars THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Vice Chairman Grove and Invocation was given by Chairman McNeese. ITEM 1 APPROVAL OF MINUTES Vice Chairman Grove made a motion to approve minutes from August 20, 2002 as written. Commissioner Hughes seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Hughes and Deithloff Nays: None Abstention: Commissioner Huffman Planning and Zoning Commission Minutes Page 2 September 3, 2002 The motion carried (4-0-1) ITEM 2 CASE #02-05-SUP - HOLD PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE Receive public input regarding a request for a Specific Use Permit on Heritage Towne Crossing, Block B, Lot 1, for a Tobacco Store with alcohol sales to members only in TX-121 (The 121 Gateway District) zoning, and consider a recommendation regarding an ordinance. This property is located on 1301 W. Glade Rd., Suite 180 Eric Wilhite, Planning and Development Manager, gave a brief overview of the case. The applicant is requesting to open a cigar retail store with a members lounge. The specific use permit is required based on the fact they would like to sell alcohol to their members only. The use for cigar store and lounge is permitted by right, however the alcohol sales requires an SUP. This property is located at 1301 W. Glade Rd., Suite 180. Chairman McNeese opened the public hearing. Chairman McNeese asked if the applicant or representative was present and to come forward for any comments. Mike Pasquale, 2229 Field Lane, Bedford, stated they would like to open the store with the allowable sale of beer and wine to members only. They are wanting to sell only to members in order to limit the external influence of people coming into the store and turning it into a bar which is prohibited by the current landlord and by the City. This will be operated under an upscale environment according to the other businesses surrounding this store. Chairman McNeese asked if there were any proponents/opponents present, seeing none the public hearing was closed. Commissioner Deithloff asked the applicant for the term of their lease and who is on the lease. Mike Pasquale stated the term was for 5 years with two 5 years options at the end of the first 5 years and the lease is in the names of Mike Pasquale and Rob Worley. Chairman McNeese asked how the membership process will work and what the criteria will be to become a member. Mike Pasquale stated that members must be 21 years of age or older. Members will be selected by himself, Mr. Worley or a member of the staff. The patron will have been coming there long enough, is known to them and they are someone they know will enjoy smoking cigars and Planning and Zoning Commission Minutes Page 3 September 3, 2002 enjoy the lounge. It will be a privilege and not a right. They do not intend to offer memberships straight out to everyone that walks into the door. Chairman McNeese asked if this would be the first place they will be operating that sells alcohol and if this is passed what are the projected percentage of gross revenue coming from the sale of alcohol. Mike Pasquale stated this is the first store to be selling the alcohol and the sale will be approximately 25 percent or less. Chairman McNeese asked if this percentage of sales would be consistent over time. Mr. Pasquale stated it would. Chairman McNeese stated after reading the material that the landlord has an agreement that also limits the percentage of gross revenues that contribute to alcohol sales. Mike Pasquale stated the landlord would like to see 28 percent. Commissioner Hughes asked if there was a policy of revocation for the membership. Mike Pasquale stated they do and reserve the right to revoke anyone. If a person does not pay their dues, does not behave in a manner consistent with the regulations set out their membership will be revoked. Commissioner Hughes asked if this policy will be in writing. Mike Pasquale stated that it would be. Commissioner Hughes made a motion to approve case #02-05-SUP with the following conditions: 1) SUP tied to ownership of Rob Worley and Mike Pasquale, 2) SUP to coincide with the 5 year lease. Commissioner Deithloff seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Huffman, Hughes and Deithloff Nays: None Abstention: None The motion carried (5-0-0). ITEM 3 REPORTS There were no reports. ITEM 4 DIRECTOR'S REPORT There were no reports. Planning and Zoning Commission Minutes Page 4 September 3, 2002 There being no further business the meeting was adjourned at 6:40 p.m. f- /74 zoo Ch rman Neese Date