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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/28/1998 Planning & Zoning Commission Minutes - September 28, 1998 Page 1 of 4 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Lebo at 7:00 P.M. on September 28, 1998. Roll Call: Present: Rob Rutherford, Juneria Berges, AI Zim, Jody Short, Jim Fletcher, Tom Hart, Steve Lebo Tom Niederauer, Mike Soab, Jan Hofstrom Staff: Invocation: Juneria Berges Approval of Minutes: September 14, 1998 Chairman Lebo moved to approve the minutes as submitted. Commissioner Zim seconded the motion. The vote being: Ayes: Rutherford, Berges, Zim, Short, Fletcher, Hart, Lebo Noes: None Swearing in of: Rob Rutherford Michael Collins William Tyler Jim Fletcher Place 1 Place 2 Place 3 Place 4 Chairman Lebo administered the oath of office to the new and re-appointed Commissioners. Recognition of Outgoing Commissioners: Chairman Steve Lebo and AI Zim Outgoing Chairman Lebo presented a certificate of appreciation to outgoing Commissioner Zim. Vice Chairman Short presented a certificate of appreciation to Outgoing Chairman Lebo. Election of Officers: Presided over by Vice Chairman Jody Short Vice Chair Short opened the nominations for Chairman. Commissioner Fletcher nominated Jody Short. Commissioner Hart seconded the motion. There being no other nominations, the nominations were closed. The vote being: Ayes: Rutherford, Berges, Tyler, Collins, Fletcher, Hart, Short Noes: None Chairman Short opened the nominations for Vice Chairman. Commissioner Fletcher nominated Tom Hart. Commissioner Rutherford seconded the motion. There being no other nominations, the nominations were closed. The vote being: Planning & Zoning Commission Minutes - September 28, 1998 Page 2 of 4 Ayes: Rutherford, Berges, Tyler, Collins, Fletcher, Hart, Short Noes: None 1. PUBLIC HEARING - Zoning Change Request, from CC-3 (highway commercial) to PUD-C (planned unit development-commercial) with a SUP (special use permit) to allow food catering, an indoor amusement facility and a restaurant overlay to allow the sale of alcoholic beverages for on premise consumption in 3 designated restaurants, 4.1293 acres, Lots 6R-1 and 7R, Block 1, Andy Felps Addition; OWNER/APPLICANT: MJM Preferred Properties (4007 Colleyville Blvd. - east side of street) Case Z-98-036 Staff presented the case to the Commission. Chairman Short opened the public hearing. Those present wishing to speak were: AI Zim, 7209 John McCain Road, suggesting that the Commission consider reverting back to accepted State of Texas standards for alcoholic beverage sales because of legalities rather than changing them to a more restrictive percentage of 75% food sales to 25% alcoholic beverage sales; Mike Soab, staff, addressed the issue of more restrictive percentages for alcoholic beverage sales; John Dees, 7200 Maranatha Ct., would prefer 60% food sales to 40% alcoholic beverage sales as they are wanting to recruit a full service restaurant and desire to have the alcoholic beverage special use permit in place. He stated that they will design the entrance way to the project to whatever is deemed best by the engineers. He addressed the concerns about the indoor amusement facility and stated that it is for children's entertainment and for children's parties. They are in agreement with staffs recommendation about limitations on amusement uses. There being no one else present wishing to speak, the public hearing was closed. Commissioner Fletcher moved to recommend approval of the zoning change request subject to the exclusion of billiards, pool and other such games from the Indoor Amusement use, the restricted sale ratio of food to liquor of 75% to 25%, and inclusion of a design to accomplish no turns into the property at the northernmost access point. Commissioner Berges seconded the motion. The vote being: Ayes: Rutherford, Berges, Tyler, Collins, Fletcher, Hart, Short Noes: None 2. PUBLIC HEARING - Zoning Change Request, from AG (agricultural) to PUD-R (planned unit development-residential), 10.225 acres, Lot 1, Block 1, Ann's Oaks Addition; OWNER: Frances Brooks; APPLICANT: Lynn Meyer (958 John McCain Road, north side of street, east of Pleasant Run Rd.) Case Z-98-037 Planning & Zoning Commission Minutes -September 28,1998 Page 3 of 4 Staff presented the case to the Commission. Tom Niederauer stated that the applicant has presented an alternative plan which redesigns the entry way and eliminates a lot. The proposed site plan is conceptual in nature and the widening of the right-of-way could be shifted to save trees after a precise tree survey is completed at time of platting. Also, a trail along the lake is included in the revised site plan. Staff originally recommended denial of the zoning change request, but because of the applicant's change in layout, they are recommending approval. Chairman Short opened the public hearing. Those present wishing to speak were: Mark Lively, 7209 Jo Will Street. He said that he is speaking in behalf of approximately thirteen residents on Jo Will Court. He stated that the Oak Knoll North Addition had a meeting on Sunday and he was representing the neighbors. He said that they are requesting denial of the zoning change due to public safety issues dealing with the topography of John McCain Road between Jo Will Street and Pleasant Run. There is a crest of a hill at Jo Will Street which declines toward the Hardy Addition and then levels out to Pleasant Run. There have been numerous wrecks at this location and recently one of the neighbors, Van Solis was involved in an accident at the John McCain Road and Jo Will Street location. Mr. Lively stated that on a busy day, the westbound traffic on John McCain Road backs up from Pleasant Run Road to Cedar Court. The neighborhood is asking that the Commission not risk safety issues in helping improve the City. They are not against improvement nor are they against progress, but John McCain has a problem at this particular location which would affect development in this area. He wants staff to look at distance requirements between streets to make sure that the proposed entryway meets the required distance to Jo Will. He wanted to know if a traffic study at the slope has been done and wanted to know if a brick fence along the east property line of the project could be required and what materials would be required. The neighbors would like a brick fence. The Commissioners asked questions of Mr. Lively. Gordon Jones, 5908 Highland Hills, representing the project, spoke. He said that adding fourteen additional residential lots to the John McCain corridor should not significantly impact the traffic. He said that the proposed addition has a density of 1.467 dwelling units per acre and fits with the City's Master Plan. Mr. Jones said that the proposed site plan is conceptual in nature and the engineering issues would be worked out at time of platting. He responded to the question about fencing and stated that the common boundary to the east would be high quality wood fencing on steel posts to allow for privacy and pools. The wood would be stained and weatherproofed. The fence along John McCain Road would be constructed of stone and iron and placed in a manner to preserve the trees. Ann Hardy, 900 John McCain Road, had questions about the trail around the lake and stated concerns about a sewer line. She said that John McCain Road has major problems and the City needs to address the issues of street width with this road being the only easUwest corridor in the northern sector of the City. Planning & Zoning Commission Minutes - September 28, 1998 Page 4 of 4 The applicant and Lynn Meyer, land planner, addressed the concerns about the trail and sewer. They stated that a hike and bike trail over the sanitary sewer easement is possible and tie into the City's plan for the overall system. There being no one else present wishing to speak, the public hearing was closed. Discussion ensued about the Master Plan for John McCain Road and the use of the developers fees for John McCain improvements. Commissioner Fletcher stated that he would like the City Engineer to look at the Jo Will Court and John McCain Road intersection and evaluate the problem and the site distant issues. He would like the case to move onto Council with a report from staff regarding this concern. Commissioner Hart moved to recommend approval of the zoning change request with the changes having been made to the boulevard entry design and the new lot configuration presented by the applicant. Chairman Short seconded the motion. The vote being: Ayes: Rutherford, Berges, Tyler, Collins, Fletcher, Hart, Short Noes: None 3. Staff comments, reports and discussion item: There were none. 4. Commissioners' comments and reports: There were none. ADJOURNMENT: Chairman Short moved to adjourn the meeting at 8:10 P.M. Commissioner Berges seconded the motion. The motion passed by an "aye" voice vote. Respectfully Submitted, J Hofstrom Planning & Zoning Assistant Approved on: IC/I'1...) qg ~ ~ -~ Work Session adjourned at 8:35 p.m. NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request. jhlmin/0928pz.min