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Home My WebLink AboutPZmin2005-05-03MINUTES ANNA PLANNING AND ZONING COMMISSION REGULAR MEETING May 3, 2005 The Planning and Zoning Commission of the City of Anna will hold a meeting on Tuesday, May 3, 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 and establishment of quorum. The Planning and Zoning Commission meeting was officially called to order at 7:00 p.m. by Chairman John Rattan. John Rattan, Jon Hendricks, John Curial, David Crim, and alternate Keith Green were present. Alternate member Bethany Jablonski was present but not voting. Commission member Duane Hayes was absent. 2a. Public Hearing To consider public comments on a request by Nizar Khetani, representing Daily Needs, Inc. (Anna Thriftee) for specific use permit to operate a food -beverage store including sale of alcoholic beverages at 118 S. Powell Parkway (0.3587 acre tract, being Tract 10 in the Henry Brantley Survey, Abstract 71). Public hearing opened at 7:03 p.m Lee Lawrence, City Administrator, stated that the petitioner, Nizar Khetani, representing Daily Needs, (Anna Thriftee), was requesting a specific use permit to allow the sale of alcoholic beverages at the current Anna Thriftee location, 118 S. Powell, Anna, TX. Mr. Lawrence discussed the provisions in the zoning ordinance that stipulate the sale of alcohol beverages is prohibited within 200 feet of a residential zone unless there is granted a specific use permit for such. He advised that notices were sent out to property owners within 200 feet and two responses had been received, with one property owner opposed to the request. Molly Young, 2512 Margaret Lane, Anna, was recognized to state her opposition to the granting of a permit for alcohol beverages at the requested location. Public hearing closed at 7:08 p.m 2b. Action To consider action on recommendation regarding request by Nizar Khetani, representing Daily Needs, Inc. (Anna Thriftee) for specific use permit to operate a food -beverage store including sale of alcoholic beverages at 118 S. Powell Parkway (0.3587 acre tract, being Tract 10 in the Henry Brantley Survey, Abstract 71). 05-03-05 P&Z Mimdes.doc Page 1 of 4 05-03-2005 Mr. Hendricks expressed concerns on footage and setbacks as well as parking. Ms. Jablonski expressed concerns about parking.: Mr. Crim stated that parking was not an issue that should be considered for the application:. Motion made by Mr.Crim, seconded by Mr. Green to recommend to council for a specific use permit to Nizar Khetani, representing Daily Needs, Inc. (Anna Thriftee) to operate a food -beverage store including sale of alcoholic beverages at 118 S. Powell Parkway (0.3587 acre tract, being Tract 10 in the Henry Brantley Survey, Abstract 71). 3 ayes 2 nays (Hendricks and Curial) 0 abstained 3. Consider action on development plat application by Robert and Tina Helmberger for tract located at 2606 CR 1106, Anna, TX. Robert (Bob) Helmberger, 2606 Cr 1106, Anna, TX, representative for the Robert and Tina Helmberger development plat, gave a brief presentation regarding plat submitted. Mr. Lawrence explained that this was a development plat and not a standard plat involving a division of property. He stated that the development ordinance adopted by the Council was to ensure that development in the extraterritorial jurisdiction occurred in such a way that it did not conflict with the future plans of the city, particularly right-of-way needs and easement acquisitions. Mr. Lawrence stated that there was no indication on plat of a 120 feel right of way on CR 1106 and the City would request that the right of way need be indicated on plat. Mr. Lawrence stated that the thoroughfare plan affects the property through the middle and Mr. Helmberger has indicated this on the plat, does not dictate the exact location but has made provision for the thoroughfare and also volunteered location for sewer line. Motion made by John Curiel, seconded by David Crim to recommend approval of the development plat application by Robert and Tina Helmberger for building located at 2606 CR 1106, Anna, TX. 5 ayes 0 nay 0 abstained 4. Consider action on development plat application by Pate Rehabilitation, Inc., represented by Ken Hayden, for tract located on CR 472, approximately one-half mile south of SH 121. Mr. Lawrence stated that this is the same type plat as the Helmberger plat in item 3. Mr. Lawrence pointed out the following regarding Pate Rehabilitation: • The facility is a trauma and brain damage rehabilitation center • Proposed building is a sixteen (16) bed residential facility • Property is in Anna's extraterritorial jurisdiction He also stated that the proposed building does notconflict or pose any perceived problems for to the City of Anna relative-. to thoroughfare needs, water or sewer easements or any other planning needs to the City and that plat application falls under the city's development plat regulations. 05-03-05 P&Z Minutes.doc Page 2 of 4 05-03-2005 Motion made to recommend approval of the development plat. by Pate Rehabilitation, Inc. to council by Mr. Curie[, seconded by Mr. Crim, 5 ayes 0 nay 0 abstained 5. Discuss and take action as desired regarding tree preservation ordinance. A draft tree preservation ordinance was presented by Mr. Lawrence. He noted that the focus of the ordinance is to preserve protected, or quality, trees (6" caliper at 4.5 feet above ground and on protected tree list). Trees on existing residential lots must be 18" caliper to qualify as protected trees. Removal of a protected tree can be accomplished if it is replaced by a tree or trees under criteria established in the ordinance. A permit and site plan identifying location(s) of protected trees is required. Mr. Lawrence also noted that the City would probably contract with a third party (not a City employee) to administer the ordinance. Mr. Lawrence emphasized that as much administrative detail had been removed as he thought was possible. Mr. Sam Luscombe, 1271 CR 366, suggested that some specimen trees existed for species not on the protected tree list. He urged the commission to pass a strong ordinance Mr. Jim Lusoombe, CR 366, noted that his family had an orchard and that the cultivation of the orchard might conflict with some provisions of the ordinance. Mr. Lawrence noted that nurseries were exempt from ordinance provisions but some language might need to be included in the ordinance to address the issue of orchards. He also noted that some large trees not on protected list did exist and should be protected. Mr. Crim moved that the tree preservation ordinance be recommended for approval, with addition of language to address the issue of orchards, large trees of species that are not on protected tree list; and protecting 18" caliper trees on existing residential lots; Mr. Hendricks seconded the motion, which passed by the following vote: 5 ayes 0 nay 0 abstained 6. Consider action on recommendation relating to outdoor lighting on public and private property. Mr. Lawrence stated that he and the Mayor requested that this item be tabled. Motion to table was made by Mr. Crim, seconded by Mr. Curiel. 5 ayes 0 nay 0 abstained 7. Citizen comments and other presentations. Jim Luscombe, CR 366, noted that there was a serious need for park, recreation and open space area. He cited example of projects in which he was involved in College Station. He stated that parks and open space brings to the area the kind of people that we want to come to Anna. Mr. Rattan noted that the community should not ignore the impact and importance of the arts. Plano, McKinney, Allen, and Frisco are involved in major projects that support various arts and cultural projects. - 050305 P&Z Minutes.doc Page 3 of 4 05-03-2005 Mr. Lawrence stated that City officials had met with Centex Homes. Centex has brought a revised project to the table and Centex representatives have asked the commission to meet in special session. Mr. Lawrence asked that a special meeting be held. After considerable discussion, it was agreed to hold a meeting on May 16 to hear the Centex presentation. a. Consider action to approve Minutes of the following meeting: • March 1, 2005 March 1, 2005 minutes were approved at the April 5, 2005 PZC meeting. • April 5, 2005 Motion to approve April 5, 2005 minutes made by Mr. Curiel, seconded by Mr. Green. 5 aye 0 nay 0 abstained 9. Adjourn. Motion to adjourn made by Mr. Curial, seconded by Mr. Crim. The meeting was adjourned at 8:25 p.m. 5 aye 0 nay 0 abstained ohn Rattan, Chairman ATTEST: oss 05-03-05 P&Z Minutes.doc Page 4 of 4 05-03-2005