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Home My WebLink AboutPZmin2005-04-05AGENDA PLANNING AND ZONING COMMISSION REGULAR MEETING APRIL 5, 2005 The Planning and Zoning Commission of the City of Anna held a meeting on Tuesday, April 5, 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. Call to order and establishment of quorum. The Planning and Zoning Commission meeting was officially called to order at 7:00 p.m. by Chairman John Rattan. Chairman John Rattan, member Jon Hendricks, John Curiel, David Crim, Duane Hayes, and alternate Bethany Jablonski were present but not voting. Commission member Keith Green was absent. 2. Consider action on recommendation regarding preliminary plat of Shadow Woods subdivision. City Administrator Lee Lawrence advised that Shadow Woods request item be tabled to next meeting. Motion to table preliminary plat of Shadow Woods made by John Curiel, seconded by Jon Hendricks. 5 aye 0 nay 0 abstained 3. Consider action on recommendation regarding final plat for Northpointe Crossing, Phase 1 North and Phase 1 South. Eric Davis and Mitchell Lenamond, of Eric L. Davis Engineering, Inc., representing Northpointe Crossing, were recognized. They briefly reviewed the history of project development and explained that there were several construction plan items that were still being discussed with the City's consulting engineer, Mr. Tim Morris. Mr. Davis urged the commission to recommend approval of the plat conditional on resolution of the construction plan issues. Several commission members expressed concern about approval under such conditions. 04-05-05 P&Z Minutes.doc Page 1 of 5 Motion to table action on final plat until special called meeting, scheduled April 19, 2005 for Northpointe Crossing, Phase 1 North and Phase 2 South made by David Crim, seconded by John Curiel. 5 aye 0 nay 0 abstained 4. Consider action on recommendation regarding final plat for FBC Addition. David Surdukan, 13970 CR 480, Anna, Texas, representative for FBC, gave brief presentation regarding the final plat for FBC Addition. Motion to recommend to Council regarding final plat as presented for FBC Addition made by David Crim, seconded by John Curiel. 5 aye 0 nay 0 abstained 5. Consider action on recommendation regarding preliminary plat for Anna Retail Addition. Bob Carr, 2822 Abbey Rd, McKinney, Texas representing Anna Retail Addition presented Terrance Wright, 110 S. Elm St, Carrollton, Texas, who gave brief presentation regarding preliminary plat for Anna Retail Addition. Motion by David Crim, seconded by Duane Hayes to recommend to Council the preliminary plat as presented for Anna Retail Addition. 5 aye 0 nay 0 abstained 6a. Public Hearing To consider public comments on a request by A. Asad, representing Anna Plaza, IncJCoyote Den, for specific use permit to operate a food -beverage store including sale of alcoholic beverages at 600 S. Powell Parkway (0.6447 acre tract, being Tract 106 in the Henry Brantley Survey, Abstract 71). PH opened at 7:45 p.m.- A. Asad, the owner of Anna Plaza, Inc., stated that he was seeking a specific use permit because of a provision in the City's zoning ordinance that prohibits sale of alcoholic beverages within 300 feet of a residential zoning district. He also questioned whether the City could enforce this provision but stated that he preferred to handle the issue through the specific use permit procedure. He noted that he had been operating a retail business in Anna for almost 20 years and thought that it was unfair that he would probably be forced out of business because of the inability to sell alcoholic beverages while other new businesses without long ties to the community would be allowed to sell alcohol and would flourish. Elizabeth James, 11548 Sheffield, Anna, was recognized to state her opposition to the granting of a permit to allow alcohol sales at a location in the downtown area and especially near existing residences. She stated that allowing the SUP would establish a bad precedent for future decision making on the issue of locating stores that could sell alcohol. Molly Young, 2512 Margaret Lane, Anna, was recognized to state her opposition to the granting of a permit to allow alcohol sales in the downtown area. 04-05-05 PRZ Minutes.doc Page 2 of 5 Jon Hendricks, PZC member, questioned whether there was adequate parking at the location. He also asked if the dumpster serving the Coyote Den center could be moved to the north end of the building or to some location where it was not visible to the public. He also stated that the track record of the property owner relative to cleanup and maintenance of the property was not good. The public hearing was closed at 8:13 p.m. 6b. Action To consider action on recommendation regarding request by A. Asad, representing Anna Plaza, Inc./Coyote Den, for specific use permit to operate a food -beverage store including sale of alcoholic beverages at 600 S. Powell Parkway (0.6447 acre tract, being Tract 106 in the Henry Brantley Survey, Abstract 71). Motion made by David Crim, seconded by John Curiel, to recommend to Council for a specific use permit to A. Asad, representing Anna Plaza, Inc, Coyote Den to operate a food -beverage store including sale of alcoholic beverages at 600 S. Powell Parkway (0.6447 acre tract, being Tract 106 in the Henry Brantley Survey, Abstract 71). 3 aye 1 nay (Mr. Hendricks) 1 abstained (Mr. Hayes) 7a. Public Hearing To consider public comments on a request by BERA, Inc., represented by Mr. Pete Spiros, to change zoning of a 1.000 acre tract in the David Van Winkle Survey, Abstract No. 937, located on the north side of State Highway 121, approximately 0.6 miles east of Sister Grove Creek, from AG Agricultural District to C-2 General Commercial District. Public hearing was opened at 8:30 p.m. Pete Spiros, the owner of the property was recognized to state that he intended to construct a convenience store, probably with gas sales, at the location. Because of the small size of the tract, he would be limited in terms of what uses could be placed on the tract. Molly Young, 2512 Margaret Lane, Anna, was recognized to state that she thought the more appropriate zoning for the tract, because of its location and size, would be C-1 Restricted Commercial District. PH closed at 8:41 p.m. 7b. Action To consider action on a request by BERA, Inc., represented by Mr. Pete Spiros, to change zoning of a 1.000 acre tract in the David Van Winkle Survey, Abstract No. 937, located on the north side of State Highway 121, approximately 0.6 miles east of Sister Grove Creek, from AG Agricultural District to C-2 General Commercial District. Motion made by Duane Hayes, seconded by David Crim, to recommend to Council that the 1.000 acre BERA, Inc. tract be changed from AG Agricultural District to C-2 General Commercial District. 04-05-05 P8Z Minutes.doc Page 3 of 5 5 aye 0 nay 0 abstained 8. Consider action on recommendation regarding request for annexation by Anna ISD for 17.34 acre tract on east side of CR 367, approximately 1,500 feet south of intersection of CR 367 and E. White Street (FM 455). Motion made by Jon Hendricks, seconded by Duane Hayes, to recommend to Council regarding request for annexation by Anna ISD for 17.34 acre tract. 5 aye 0 nay 0 abstained 9. Discuss and take action as desired regarding tree preservation ordinance. After extended discussion of whether a tree preservation ordinance was needed and what elements needed to be included in such an ordinance, the commission directed City Administrator Lawrence to develop a draft ordinance that simplifies and clarifies the permitting process. Motion to table until next P&Z meeting made by David Crim, seconded by John Curiel. 5 aye 0 nay 0 abstained 10. Consider action on recommendation relating to outdoor lighting on public and private property. Mayor Kenneth Pelham was recognized to present a sample outdoor lighting ordinance and explain why he supported passage of such an ordinance. Commission members directed staff to put the outdoor lighting ordinance item on next agenda Motion made by David Crim, seconded by Duane Hayes, to table recommendation relating to outdoor lighting on public and private property. 5 aye 0 nay 0 abstained 11. Citizen comments and other presentations. Elizabeth James, 11548 Sheffield, Anna, was recognized to ask if berming could be added to City ordinances as a way to reduce traffic noise and improve aesthetics in new developments. John Hendricks asked if there was some way that City could work with Love's Travel Center to keep vehicles off the landscape areas at the truck stop. 12. Consider action to approve Minutes of the following meetings: • January 18, 2005 Motion to approve January 18, 2005 minutes made by David Crim, seconded by John Curiel. 5 aye 0 nay 0 abstained 04-05-05 P&Z Minutes.doc Page 4 of 5 • February 15, 2005 Motion to approve February 15, 2005 minutes made by Jon Curiel, seconded by Jon Hendricks. 5 aye 0 nay 0 abstained • March 1, 2005 Motion to approve March 1, 2005 minutes made by Jon Hendricks, seconded by Duane Hayes. 5 aye 0 nay 0 abstained 13. Adjourn. Motion to adjourn at 10:05 p.m. made by John Curiel, seconded by Duane Hayes. 5 aye 0 nay 0 abstained QgC 14-R=--, JW Rattan, Chairman ATTEST: o,, zt& ana Ross, Secretary 04-05-05 P&Z Minutes.doc Page 5 of 5