HomeMy WebLinkAbout2004-03-02 PLANNING AND ZONING
March 2, 2004
MINUTES
The regular meeting of the Planning and Zoning Commission was called to order by
Chairman Richard McNeese at 6:30 p.m. for consideration of scheduled items in the
Council Chambers in City Hall of the Municipal Complex. Chairman Richard McNeese
stated there was a quorum of members of the Planning and Zoning Commission
present.
MEMBERS AND STAFF PRESENT: MEMBERS ABSENT:
Chairman Richard McNeese
Vice Chairman Mike Grove
George Zahn
Monty Huffman
LuAnn Portugal
Perry Bynum
Tony May
Mike Collins, Director of Planning and Development
Eric Wilhite, Planning and Development Manager
Ron Young, Director of Public Works
Robert Barker, City Engineer
Bill Ridgway, Director of Economic Development
Paul Smith, Fire Marshal
VISITORS: Jackie Fluitt, GSWW; Darold Bauer, Westdale Hills Golf Course; Kevin
Caldwell,
THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was
given by Commissioner Zahn and Invocation was given by Commissioner May.
ITEM 1 APPROVAL OF MINUTES for called meeting of February 17, 2004
Commissioner Zahn made a motion to approve minutes from called meeting February
17, 2004. Commissioner May seconded the motion. The vote was as follows:
Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman,
Portugal, Bynum and May
Nays: N one
Abstention: None
The motion carried (7-0-0).
Planning and Zoning Commission Minutes Page 2
March 2, 2004
ITEM 2 CASE #04-02-ZC — PUBLIC HEARING REGARDING A ZONING
CHANGE AND CONSIDER A RECOMMENDATION REGARDING AN
ORDINANCE
Receive public input regarding a request for a ZONING CHANGE of Levi
Franklin Survey, A-513, Baze Rd from TX-121 (The 121 Gateway District)
zoning to R-1 L (Single Family Limited Dwelling District) zoning and
consider a recommendation regarding an Ordinance. This property is
located on Levi Franklin Survey, A-513, Baze Rd.
Mike Collins, Director of Planning and Development, gave a brief overview of the case.
The purpose of this item is to receive public input regarding a request for a zone change
of the Levy Franklin Survey, A-513, from TX-121 (The 121 Gateway District) zoning to
R-1 L (Single Family Limited Dwelling District) zoning. This project had been before the
Planning and Zoning Commission in November 2003 and moved on to City Council to
rezone approximately 4.5 acres of property. After the approval was granted more
detailed engineering has been completed that has resulted in the realignment of Baze
Rd. as it intersects Mid-Cities Blvd. As a consequence of that realignment there was
approximately .580 acres of property that had not been included in the original zone
change that now needs to be included in order for the subdivision to be developed.
Additional consequence of the realignment of the road, the actual lot count had
increased along Carl Ct. by two additional lots. An additional lot has been added on the
western side on the north and south sides of Carl Ct. The Development Review
Committee determined this application is in substantial compliance will all technical
requirements and recommends approval.
Chairman McNeese opened the public hearing.
Chairman McNeese asked if the applicant or applicant's representative was present and
to come forward for comments. Jackie Fluitt, GSVWV, Inc., stated he was representing
the client and was available for any questions.
Chairman McNeese asked for any proponents/opponents to come forward for
comments. Seeing none, the public hearing was closed.
There was no discussion among the commissioners.
Commissioner Huffman made a motion to approve case #04-02-ZC. Commissioner
May seconded the motion. The vote was as follows:
Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman,
Portugal, Bynum and May
Nays: N one
Abstention: None
Planning and Zoning Commission Minutes Page 3
March 2, 2004
The motion carried (7-0-0).
ITEM 3 CASE #04-01-PD — HOLD PUBLIC HEARING REGARDING A
PLANNED DEVELOPMENT AND CONSIDER A RECOMMENDATION
REGARDING AN ORDINANCE
Receive public input regarding a request for a PLANNED
DEVELOPMENT of Century Plaza Addition, Block 1, Lot 3 from C-1
(Neighborhood Business District) zoning to PD (Planned Development
District) zoning and consider a recommendation regarding an Ordinance.
This property is located at 1200 N. Main St.
Mike Collins, Director of Planning and Development, gave a brief overview of the case.
The purpose of this item is to receive public input regarding a request for a Planned
Development to change the zoning of the Century Plaza Addition, Block 1, Lot 3 from C-
1 (Neighborhood Business District) zoning to PD (Planned Development) based on C-1
zoning. Main and Harwood Ltd. represented by Kevin Caldwell, has purchased the
36,700 square foot facility at 1200 N. Main St. known as the former Food Lion. It is their
intent to market this facility. They approached staff prior to the purchase of this property
with a proposal to broaden the list of C-1 permitted uses to allow C-2 permitted uses.
The original approach was to seek a categorical zoning change to C-2. They later
decided a Planned Development would accomplish their goals. The philosophy of the
proposed PD is to require a S.U.P. for C-2 land uses that have the potential to create
conditions that could be mitigated. The philosophy is also to permit C-2 uses that are
retail, office, business and personal services that are consistent with surrounding land
uses.
Chairman McNeese opened the public hearing.
Chairman McNeese asked for the applicant or applicant's representative to come
forward for comments.
Kevin Caldwell, 8235 Douglas Ave., Dallas, stated they hope to bring a very productive
business to this location. In prior conversations with staff, they discussed a zoning
change t o C-2 a nd d etermined a P lanned Development would a ccomplish w hat t hey
would like to see happen with this property. Their goal with the Planned Development is
to obtain the use categories that are similar in nature with the intersection, primarily
being retail.
Chairman McNeese asked for any proponents/opponents to come forward for
comments. Seeing none the public hearing was closed.
Commissioner Bynum asked the applicant if their plan was to maintain property under a
lease or to sell the property. Mr. Caldwell stated their intention is to lease the property
for long term. There may be a time in the future for selling the property but that is not
their intention at this time.
Planning and Zoning Commission Minutes Page 4
March 2, 2004
Chairman McNeese asked the applicant how long would a long term lease be for. Mr.
Caldwell stated 5 year primary term with options after that term.
Eric Wilhite, Planning and Development Manager, asked if they could go over the
changes the commission was asking for on the land use table with the applicant before
taking forward to City Council.
Mike Collins, Director of Planning and Development, stated there were three specific
primary uses, 2 contained in Agricultural Activities identified as General Farming and
Livestock raising that would be eliminated entirely. In the Retail Trade under primary
use, Eating establishment (drive-thru) would be required to be processed through a
Specific Use Permit. Mr. Caldwell agreed to the changes.
Vice Chairman Grove made a motion to approve case #04-01-PD with the following
alterations to the Table 4A provided: deleting permitted by use for General Farming and
Livestock Raising, and changing the permitted use of Eating Establishments (drive-thru)
from permitted by right to SUP. Commissioner Zahn seconded the motion. The vote
was as follows:
Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman,
Portugal, Bynum and May
Nays: N one
Abstention: None
The motion carried (7-0-0).
ITEM 4 CASE #04-03-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
Sotogrande Addition, Lot 11AR , for a ALCOHOL SALES ON GOLF
COURSE in R-5 (Multi Family High Density Dwelling District 24 units/AC)
zoning, and consider a recommendation regarding an Ordinance. This
property is located on 1401 Sotogrande Blvd.
Mike Collins, Director of Planning and Development, gave a brief overview of the case.
The purpose of this item is to receive public input regarding the request for a Specific
Use Permit renewal on Sotogrande Addition, Lot 11AR, for Alcohol Sales on Golf
Course. The applicant, Garry Black, Eagle Golf, Inc., manages Westdale Hills Golf
Course that is located within the Sotogrande Apartment community. They have come
before the Commission and City Council over two years ago with the intent to sell beer
within the clubhouse and operate a beverage cart on the golf course. In discussions
Planning and Zoning Commission Minutes Page 5
March 2, 2004
with the police department there have been no issues that have been brought to staffs
attention nor have there been any complaints from the surrounding properties. The
Development Review Committee has determined the application is in substantial
compliance and recommends approval with the same conditions that were established
prior with bear and wine sales only, alcohol sales end at 10:00 p.m., tied to Garry Black,
General Manager, Eagle Golf, and staff is recommending the SUP be extended for a 5
year period.
Chairman McNeese asked opened the public hearing.
Chairman McNeese asked if the applicant or applicant's representative to come forward
for comments.
Darold Bauer, Golf Professional, stated Mr. Black was unable to attend the meeting and
he would answer any questions.
Chairman McNeese seeing no proponents/opponents closed the public hearing.
Commissioner Bynum asked staff if Eagle Golf had a contract for 5 years. Mike Collins
asked Mr. Bauer to answer that question. Mr. Bauer stated he knew Eagle Golf has
been retained for the next 3-4 years but did not have a specific number. Mr. Collins
stated he remembers that same question being asked from the commission at the last
hearing and at that time they could not specifically identify a length of period and that
was the impetus of tying it to Mr. Black and Eagle Golf.
Commissioner May stated he understands the police department has had no reported
incidents due to beer and wine sales and asked Mr. Bauer if he or Mr. Black had any
incidents. Mr. Bauer stated they have not.
Chairman McNeese asked what the hours of operation were. Mr. Bauer stated they
open at 8:00am and general close the golf shop an hour before daylight ends.
Chairman McNeese asked what the average traffic that is generated per day. Mr.
Bauer stated they have approximately 120 rounds.
Mike Collins, Director of Planning and Development, asked for clarification as to why
they had extended the alcohol sales to 10:00pm. Mr. Bauer stated they occasionally
have tournaments and cook-outs beyond the daylight hours.
Commissioner Zahn asked Mr. Bauer what was their volume of beer and wine sales.
Mr. Bauer stated on a good day they sell approximately $90.00 worth or 45 beers.
Commissioner Zahn made a motion to approve case #04-03-SUP with the following
conditions: 1) beer and wine sales only; 2) alcohol sales end at 10:00pm; 3) tied to
Garry Black, General Manager, Eagle Golf, Inc.; and 4)valid for 5 years. Commissioner
Portugal seconded the motion. The vote was as follows:
Planning and Zoning Commission Minutes Page 6
March 2, 2004
Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman,
Portugal, Bynum and May
Nays: N one
Abstention: None
The motion carried (7-0-0).
ITEM 5 REPORTS
There were no reports.
ITEM 6 DIRECTOR'S REPORT
There were no reports.
There being no further business the meeting was adjourned at 6:57 p.m.
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