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HomeMy WebLinkAboutPZmin2005-03-01MINUTES PLANNING AND ZONING COMMISSION REGULAR MEETING MARCH 1, 2005 The Planning and Zoning Commission of the City of Anna held a meeting on Tuesday, March 1, 2005, at 7:00 p.m., at the Community Room of the Texas Star Bank, located at 402 W. White Street (FM 455), Anna, Texas, to consider the following items. 1. Call to order. The Planning and Zoning Commission meeting was officially called to order at 7:00 p.m. by Chairman John Rattan. 2. Roll Call and Establishment of Quorum. Chairman John Rattan, member Jon Hendricks and alternate Bethany Jablonski were present. Commission members David Crim, Duane Hayes and John Curiel were absent. 3. Discuss and take action as desired regarding recommendation to fill vacancy on PZC for position of alternate member. Mr. Hendricks recommended passing the two candidates, Keith Green and Molly Young for the PZC alternate member's position, to City Council at their next meeting. Motion made to recommend two alternate candidates, Molly Young and Keith Green, to City Council for approval by Mr. Hendricks, seconded by Ms. Jablonski. 3 aye 0 nay 0 abstained 4. Review and discuss regulations relating to sale of alcoholic beverages, including request by Mr. A. Assad, representing Anna Plaza, Inc./Coyote Den to revise Section 22.13.9 of Anna Zoning Ordinance. City Administrator Lee Lawrence briefly read through the existing regulations relating to sale of alcoholic beverages and included in the P & Z agenda packet. He discussed the Food and Beverage Overlay District and section 22.13 of the Zoning Ordinance, as well as recently passed ordinances, including the following: Ord. No. 182-2005 Ord. No. 183-2005 Ord. No. 184-2005 Ord. No. 185-2005 Ord. No. 186-2005 Ord. No. 187-2005 Mr. Ahmed Asad, 601 Powell Pkwy, Anna, TX, representative for the Anna Plaza/Coyote Den, made a presentation that included the following points: • His business had served the City of Anna for 16 years and was the only such business in the city for most of that period 03-01-05 P&Z Minutes.doc Page 1 of 6 03-01-2005 • His business was the major retail sales tax base of the city for many years • His business was the only gas station in the town for several years. • His business has paid more than $53,600 in taxes • Alcoholic beverage sales for his business are projected to be $8,000-9,000 dollars a month in increase to the tax base • Coyote Den cannot compete against new businesses without alcohol sales • The City is depriving freedom of choice to citizens Mr. Asad asked for consideration of revising section 22.13.9 of Anna Zoning Ordinance. 5. Consider action on recommendation regarding request by Anna ISD regarding annexation of the following tract: A 20.00 acre tract in the Gwyn Morrison Survey, Abstract No. 559, located on the south and east sides of FM 2862 at the southeast corner of the intersection of FM 2862 and CR 425. Motion made by Mr. Hendricks, seconded by Bethany Jablonski to approve the annexation of the 20.00 acre Anna ISD tract in the Gwyn Morrison Survey, Abstract No.559. 3 aye 0 nay 0 abstained 6. Consider revision of preliminary plat for Villages of Hurricane Creek. Nathan Thompson of Carter & Burgess, 7950 Elm Brook Dr., Dallas, TX, representing the property owner, discussed dedication of property to the City. The City will not take possession at this time; the property is to be put in trust. Motion made by Ms. Jablonski, seconded by Mr. Hendricks, to approve revision of preliminary plat for Villages of Hurricane Creek. 3 aye 0 nay 0 abstained 7. Consider action on recommendation regarding preliminary plat of Park Place subdivision. Mr. Don Peebles, 1321 Brown Trail, Bedford, TX, representing the owner of Park Place subdivision, discussed several items for which the developer was seeking variance requests, including: • 40 ft. wide lots on eyebrows and cul-de-sacs • Curve #10— less than 300 ft. radius • 40 ft. width at property line • Lots on cul de sac having less than 120 feet depth. Other items were listed on the variance request. Mr. Peebles said the final plat would be corrected. The City's planning consultant, Maurice Schwanke, Maurice Schwanke & Company, 1209 Southwood Blvd, Arlington, TX, reviewed the concerns he expressed in Review Comments (attached to these minutes). He also stated that the flood plain study should be updated. Mr. Schwanke stated that these concerns should all be addressed and resolved prior to final plat. 03-01-05 P&Z Minutes.doc Page 2 of 6 03-01-2005 Mr. Lawrence noted two significant changes in the proposed plat from the concept plan submitted several months ago. The connector road to the south had been eliminated and the configuration of the spine road through the subdivision had bee reconfigured to reduce some safety issues that had been noted by the City. Motion made to recommend approval of the preliminary plat with proposed variances made by Ms. Jablonski, seconded by Mr. Hendricks. 3 aye 0 nay 0 abstained 8. Consider action on recommendation regarding preliminary plat of Shadow Woods subdivision. Nathan Thompson, of Carter & Burgess, on behalf of the property owner and developer requested that the item be tabled to next meeting. Motion to table preliminary plat of Shadow Woods was made by Ms. Jablonski, seconded by Mr. Hendricks. 3 aye 0 nay 0 abstained 9. Consider action on recommendation regarding final plat of Meadow Ridge, Phase 2. Mr. Lawrence, City Administrator, stated that the only significant outstanding issue relating to the plat was an off-site easement issue. The easement had been secured and he suggested approval of the plat. Ms. Jablonski and Mr. Hendricks suggested name change considerations to roads not having houses because of the large number of uses of the "Meadow" name in the street names. Motion made by Ms. Jablonski, seconded by Mr. Hendricks, to recommend plat approval to Council and to ask developer to make as many of the name changes as possible. 3 aye 0 nay 0 abstained 10a. Public Hearing: To consider public comment on request by WKG Enterprise, represented by Kenneth Griffin, for a change in zoning from AG Agricultural District to C-2 General Commercial District for a 2.00 acre tract in the Hiram Brinlee Survey, Abstract No. 30, located on the south side of SH 121, approximately one-quarter mile west of the intersection of FM 455 and SH 121. Public hearing was opened at 8:10 p.m. No comments were received Public hearing was closed at 8:11 p.m. 10b. Action To consider action on recommendation to City Council regarding request by WKG Enterprise, represented by Kenneth Griffin, for a change in zoning from AG 03-01-05 P&Z Minutes.doc Page 3 of 6 03-01-2005 Agricultural District to C-2 General Commercial District for a 2.00 acre tract in the Hiram Brinlee Survey, Abstract No. 30, located on the south side of SH 121, approximately one-quarter mile west of the intersection of FM 455 and SH 121. Motion made by Bethany Jablonski, seconded by Jon Hendricks, to change WKG Enterprise zone request from AG Agricultural District to C-2 General Commercial District. 3 aye 0 nay 0 abstained 11a. Public Hearing To consider public comment on request by Spencer Plumbing, Inc., represented by Mr. Bryan Spencer, for a change in zoning from AG Agricultural District to C-2 General Commercial District for a 3.500 acre tract in the Z. F. Lester Survey, Abstract No. 546, located on the west side of N. Powell Parkway (State Highway 5), at the southwest corner of N. Powell Parkway and CR 373. Public hearing was opened at 8:16 p.m Terry Groves, 9538 CR 423, Anna, TX stated that alcohol sales establishments should be located along Highway 75, not along SH 5. The location of these establishments would increase traffic and negatively affect land values. Mr. Groves also opposed allowing sale of alcohol at the location. Elizabeth James, 11548 Sheffield, Anna, TX also opposed allowing sale of alcohol at the location. Mr. E. Thomas, 710 Hurricane Creek Circle, Anna, TX, stated that other cities in the area controlled locations of alcohol sales and questioned if Anna could allow several alcoholic beverage sales locations along one street or in one area. Mayor Kenneth Pelham, 317 Amoret Circle, Anna, TX noted that the state severely restricts the city's ability to regulate locations for sale of alcoholic beverages. Molly Young, 2512 Margaret Lane, Anna, TX noted that a C-1 zoning would dictate the uses of the property and that the C-1 zoning area was a very restrictive zoning. Public hearing was closed at 8:42 p.m. 11b. Action To consider action on recommendation to City Council regarding request by Spencer Plumbing, Inc., represented by Mr. Bryan Spencer, for a change in zoning from AG Agricultural District to C-2 General Commercial District for a 3.500 acre tract in the Z. F. Lester Survey, Abstract No. 546, located on the west side of N. Powell Parkway (State Highway 5), at the southwest corner of N. Powell Parkway and CR 373. Motion made by Ms. Jablonski, seconded by Mr. Hendricks, to recommend that the 3.500 acre Spencer Plumbing tract be changed from AG Agricultural District to C-1 Restricted Commercial . 3 aye 0 nay 0 abstained 03-01-05 P&Z Minutes.doc Page 4 of 6 03-01-2005 12a. Public Hearing To consider public comments on the following proposed amendments to the City of Anna Land Use, Thoroughfare, and Park/Open Space Plan: 13. 14. a. Revise Land Use Plan to identify locations of Anna ISD school sites. Motion made by Mr. Hendricks, seconded by Ms. Jablonski, to recommend that the Anna Land Use Plan be revised to identify locations of Anna ISD school sites. 3 aye 0 nay 0 abstained b. Revise Land Use Plan to reflect recent zoning decisions relating to properties at and near intersection of W. White Street and CR 367. Motion made by Ms. Jablonski, seconded by Mr. Hendricks, to recommend that the Anna Land Use Plan be revised to reflect recent zoning decisions relating to properties at and near intersection of W. White Street and CR 367. 3 aye 0 nay 0 abstained C. Revise Land Use Plan to reflect zoning decisions relating to property on west side of S. Powell Parkway (between CR 423 and S. Powell Parkway). Motions made by Ms. Jablonski, seconded by Mr. Hendricks, to recommend that the Anna Land Use Plan be revised to reflect recent zoning decisions relating to property on west side of S. Powell Parkway (between CR 423 and S. Powell Parkway). 3 aye 0 nay 0 abstained d. Revise Land Use Plan to reflect zoning decisions relating to property at northeast corner of DART rail line and CR 421. Motion made by Mr. Hendricks, seconded by Ms. Jablonski, to recommend that the Anna Land Use Plan be revised to reflect recent zoning decisions relating to property at northeast corner of DART rail line and CR 421. 3 aye 0 nay 0 abstained Discuss and take action as desired regarding tree preservation ordinance. Motion made by Mr. Hendricks, seconded by Ms. Jablonski, to table discussion and action regarding tree preservation ordinance. 3 aye 0 nay 0 abstained Discuss and take action as desired regarding amendments/revisions to Anna Sign Ordinance. Mayor Kenneth Pelham, 317 Amoret Circle, Anna, TX, stated that one of the best ways to maintain the unique character of the community would be to require monument signs. He suggested that perhaps the size of signs should vary from one area to another but 03-01-05 P&Z Minutes.doc Page 5 of 03-01-2005 that pole signs were unattractive and should not be allowed to pollute the aesthetic appeal of the community. He recommended that the revised ordinance be sent to the council and the wrinkles could be worked out over time. Mr. Lawrence identified to issues that he wanted to the commission to be aware of. He asked if the body wanted special rules for Central Expressway (U.S. 75) and if they wanted different monument sign sizes in different areas. After further brief discussion motion was made by Mr. Hendricks, seconded by Ms. Jablonski, to recommend the sign ordinance as presented to the commission, with the following changes: • The language referring to the THOR Overlay District is to be removed. • Sections 49 and Article V are to be removed. 3 aye 0 nay 0 abstained 15. Citizen comments and other presentations Molly Young expressed her thanks to Planning and Zoning Commission for recommending the sign ordinance to City Council. 16. Adjourn. Motion to adjourn made by Mr. Hendricks, seconded by Ms. Jablonski. 3 aye 0 nay 0 abstained The meeting was adjourned at 9:15 p.m. CV- hn H. Rattan, Chairman 03-01-05 P&Z Minutes.doe Page 6 of 6 03-01-2005