Planning and Zoning Commission Minutes - 05/11/2005MINUTES
PLANNING & ZONING COMMISSION
May 11, 2005
PRESENT:
L. O. Nelson, Chairman
Charles Barr
Ken Birck
J. C. Bradberry
Steve Lane
John R. �phenson
Riple to
Charles Elmore
David A. Clark, Director of Community Development
Marty Odom, Planner II
Paul Stillson, Planner II
Diane Parker
ABSENT:
Cayce Cleary
Ken Dowdy
Rusty Sons
I. CALL TO ORDER
The meeting was called to order by Chairman Nelson at 2:00 p.m.
I �
RECEIVED IN
CITY CLERK'S OFFICE
Date 15� ` �J^
Ey Time
♦ Members
♦ Alternate #1
♦ Council Liaison
♦ City Staff
Chairman Nelson noted that this meeting would be broadcast several times throughout the week on
Channel 11. The first program will be Wednesday, May 11th at 7:00 p.m.
Chairman Nelson then stated motions made by Commission members include all staff recommendations
and developmental requirements contained in the staff reports. Any deviations from staff recommendations
will be discussed on a case -by -case basis. Otherwise, all recommendations and developmental
requirements become part of the motion.
II. APPROVAL OF MINUTES
Mr. Bradberry made a motion to approve the minutes of the April 13, 2005 meeting. Mr. Barr seconded.
The minutes were approved unanimously as submitted.
III. CONSENT AGENDA
1. Public Hearing on Preliminary Plats — none submitted
2. Public Hearing on Final Plats
The Planning & Zoning Commission recommended approval of the following plats subject to the Standard
Conditions of Approval for Final Plats and Replats and any specific conditions listed below:
PLANNING & ZONING COMMISSION MAY 11, 2005 PAGE 1
Provide utility easements as required by utility companies and Director of Public Utilities, and
drainage easements as required by Director of Public Works.
Submit water and sewer plans to the Utilities Engineer; water plans to the Fire Marshall; and street,
sidewalk and drainage plans to the Director of Public Works. Drainage plans must be complete
enough to include impact on surrounding property and include detention facilities as required by
Director of Public Works.
Coordinate street lighting plan with Director of Traffic & Transportation, if underground electric
utilities are to be provided.
Note: Approval of a plat does not imply development of property in violation of the Zoning
Ordinance.
1. Midwestern Park, Block 19, Lot 1 -A [replat] (May 2005)
a. Provide utility slips.
b. Remove centerline in easements that could be mistaken for lot lines.
c. Provide stormwater detention pursuant to ordinance and criteria. (PUBLIC WORKS)
d. For easements used for drainage, please designate as "drainage easement' (or "utility and
drainage easement').
e. Additional easements needed prior to approving final plat. (TXU ELECTRIC)
2. Nob Hill Phase 1, Phase 1, Block 2, Lot 1 -A [replat] (May 2005)
a. Provide utility slips.
3. Walter Brunson Addition, Lot 1 (May 2005)
a. Provide utility slips.
b. Provide stormwater detention pursuant to ordinance and criteria. (PUBLIC WORKS)
4. West Hursh Addition, Block 1, Lots 3 -C & 3 -D (May 2005)
a. Provide utility slips.
b. Provide stormwater detention pursuant to ordinance and criteria. (PUBLIC WORKS)
c. Comply with curb and gutter provisions if curb and gutter does not present exist (along
Armory Road). (PUBLIC WORKS)
d. Additional easements needed prior to approving plat. (TXU ELECTRIC)
Additional 10 ft. easement needed along the east property line. (TXU ELECTRIC)
Mr. Stephenson made a motion to approve the Consent Agenda. Mr. Bradberry seconded the motion. The
Consent Agenda passed with a unanimous vote.
IV. REGULAR AGENDA
1. Case C 05 -14
Carport
1610 Phoenix
Mr. Gerald Scoughton applied for a conditional use permit to construct a carport in the front setback of his
residence. There are 14 properties within 200 feet of his residence that have carports in the setbacks.
Thirty -five surrounding property owners were notified of this request. Nine (9) responded in favor and none
(0) were opposed.
After a motion and second were made to approve this carport, it was approved with a unanimous vote.
PLANNING & ZONING COMMISSION MAY 11, 2005 PAGE 2
2. Case C 05 -16
Carport
3019 McGaha
Ms. Naoma Turpin requested approval to construct a carport in the front setback at her residence. There
are three properties within 200 feet of this home that have carports in the front setbacks.
Thirty -five surrounding property owners were notified of this request. Three (3) responded in favor and
none (0) were opposed.
Mr. Bradberry made a motion to approve this carport; Mr. Tate seconded. The carport was approved
unanimously.
3. Case C 05 -18
Carport
228 Dirks Drive
Mr. Gary Peters requested approval to construct a carport in the front setback at his residence. There are
no properties within 200 feet of the perimeter of this property that have carports in the setback.
Thirty -four surrounding property owners were notified of this request. Six (6) responded in favor; none (0)
were opposed; and one (1) was undecided.
Mr. Tate made a motion to approve this request; Mr. Bradberry seconded. The vote was unanimous
approving the carport.
4. Case C 05 -17
Dry Cleaners (Service over 1,200 square feet in General Commercial Conditioned Zoning)
4304 Kemp Blvd.
Mr. Victor Kocks requested approval to permit a dry cleaning business at the above location. This site was
previously a liquor store and it ceased operation around 2003.
Staff recommended approval of this use with the condition that if chemical odors become a nuisance to the
adjacent property owners, the Commission will re- evaluate the permit.
Twenty -two surrounding property owners were notified of this request. Three (3) responses were received
in favor and none (0) were opposed.
Mr. Birck stated he agreed with staff's recommendation. He felt the proposed use would suit the location.
Mr. Tate made a motion to approve this conditional use permit; Mr. Barr seconded. The permit was
approved unanimously.
5. Case C 05 -15
Re- Approval of Alcoholic Beverage Sales
Pasqual Restaurant
2601 Harrison, Suite 100
Mr. Justin Liles, owner of Pasqual's, requested approval to serve alcoholic beverages at his restaurant
which is located in a Limited Commercial zoning district.
PLANNING & ZONING COMMISSION MAY 11, 2005 PAGE 3
On April 9, 2003, this Commission conditionally approved on- premise alcoholic beverage sales for
Pasqual's. One of the conditions was that if the restaurant changed owners, a new conditional use permit
would be required.
Staff recommended conditional approval with the same four conditions that were previously placed on the
owner:
1) The applicant obtains a TABC Wine and Beer Retailer's Permit only
2) The TABC permit is for on- premise incidental use at a restaurant
3) The conditional use permit shall only be valid for the current use as a limited restaurant
4) Upon the sale or transfer of ownership of the restaurant, the conditional use permit is void
Twenty -five surrounding property owners were notified of this request. Six (6) replied in favor and three (3)
were opposed.
Mr. Liles gave a brief description of his culinary background. He classified his restaurant as being in the
fine dining sector. He stated that the current liquor situation is BYOB (bring your own bottle). By getting
this license, Mr. Liles stated he would be responsible for reasonable amounts of alcohol to be served to his
patrons. He further commented that having the liquor license will benefit his catering business. He stated
that he felt wine and alcohol would blend with the cuisine he offers.
Mr. Birck asked about the seating capacity; Mr. Liles responded there are 42 chairs. It is a repeat, mature
adult clientele. The hours of operation are Tuesday through Friday from 11 a.m. until 2 p.m. and Friday
and Saturday 5 p.m. until 9 p.m. He might consider opening Thursday night in the future. Mr. Liles
purchased Pasqual's in November, 2003.
Mr. Odom reminded the Commission that in Limited Commercial the closing time cannot extend beyond
12:00 a.m. which would eliminate the prospect of obtaining a late hours liquor permit.
Mr. Liles noted the first condition on the previous list pertained to wine and beer only; he has also applied
for liquor. Mr. Odom stated that the Commission could modify the previous conditions.
Mr. Stephenson stated he has frequented the upscale restaurant and has never seen any problems. Mr.
Birck stated that he agreed with the 9 p.m. closing. Mr. Stephenson asked about the liquor portion of the
catering business. Mr. Liles responded that 70% of his catering events have a full bar consisting of wine,
beer, and liquor. He prefers to offer a full range of beverages to be able to procure jobs closer to the
Metroplex. In addition, his restaurant customers have requested specialty drinks, such as martinis or
margaritas.
Mr. Birck asked how the noise and odor situation should be addressed. Mr. Odom suggested that if odors
or noise were to become an issue, the Commission could review the conditional use permit. Mr.
Stephenson asked if an establishment became a nuisance, would this Commission have authority
regardless of it being mentioned in the approval process. Mr. Odom stated that, if the possible problem
were made a condition of approval, then the conditional use permit could be revoked. Mr. Tate commented
that the entrance to the restaurant is on the opposite of the residences with a privacy fence separating
them and he did not sense any special conditions were necessary (regarding nuisances). Mr. Birck stated
that a fence would not buffer noise. Chairman Nelson commented the neighbors were concerned about
alley noises in the previous consideration of a conditional use permit for this restaurant. The Commission is
not aware of any problems or unacceptable incidents. He further stated that he did not want to over - burden
Mr. Liles with too many conditions of approval.
The Commission discussed each condition in detail. They agreed to impose the following conditions:
Chairman Nelson stated that the amendment to the original motion deletes Condition #1, Condition #2
includes the on- premise incidental sales as a restaurant will not impact the catering side of the business,
Condition #3 and Condition #4 are unchanged, and Condition #5 "Hours of operation are not to exceed 9:00
p.m. on any night ". Mr. Lane made a motion; Mr. Bradberry seconded.
PLANNING & ZONING COMMISSION MAY 11, 2005 PAGE 4
There was discussion regarding Condition #3 as to whether it would limit his catering business. Mr. Odom
suggested adding "and catering service." The amended motion was withdrawn.
Mr. Clark asked about limiting the hours of operation. Mr. Birck stated that the applicant is always welcome
to return to the Commission to change the hours. Mr. Liles stated he would appreciate being able to stay
open until 10 p.m. His contract with the landlord states he must be out of the facility by 11 p.m. Mr. Birck
reviewed the current hours which were 5 p.m. to 8:30 p.m. Mr. Clark clarified that if the hours were limited
to 9 p.m., it should be understood that there would be no customers after 9 p.m. The business would be
closed at 9 p.m. and be very limiting. Mr. Stephenson stated that he would not want to leave the restaurant
after 30 minutes if he had an 8:30 p.m. reservation. The Commission agreed to changing the closing time
to 10 P.M.
Chairman Nelson again reviewed the Commission's conditions of approval: Condition #1 was eliminated;
Condition #3 added the verbiage "and as used for catering services "; and the addition of Condition #5
"Hours of operation for the restaurant shall not exceed 10 p.m." Mr. Bradberry made the amended motion;
Mr. Stephenson seconded. The amendment passed with a unanimous vote in favor.
The original motion was approved with a unanimous vote.
V. OTHER BUSINESS
1. City Council Update
Mr. Clark reported that there were two Council items: the rezoning from Limited Commercial to Light
Industrial for 2900 Henry S. Grace Freeway was approved and the rezoning to General Commercial at
Kemp and Avenue Z for an optometrist office was also approved.
2. Staff /Commission Discussion
Mr. Clark commented that at the last meeting there was some discussion regarding private open space in
subdivisions. He stated that project may be addressed at a future date.
VI. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
VII. ADJOURN
The meeting adjourned at 2:45 p.m.
L. O. Nelson, Chairman
ATTEST:
David A. Clark, Director of ColTimunity Development
Date
Le I 1�1 ) P�
ate
PLANNING & ZONING COMMISSION MAY 11, 2005 PAGE 5