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Roll Call: 9 members present, 0 members absent, 0 members excused.
A. WORKSESSION AGENDA
(1) Discuss agenda items.
(2) Brief the Planning & Zoning Commission on updated information regarding the 2nd Industrial Area Planned Development
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
D. CALL TO ORDER.
Chairperson Simerly called the meeting to order at 7:00 PM and noted for the record that six (6) Commissioners were present.
E. CONSENT AGENDA ITEMS:
(3) No items.
F. PUBLIC HEARING:
(4) Consider Case Z-1183-09; a Specific Use Permit (SUP) request. This SUP would allow a Beer and Wine Package Establishment with drive thru at the northeast corner of Pleasant Run Road and Hampton Road. The property in question is located at 900 N. Hampton Road and consists of approximately 0.225 acres and 1 lot. The applicant is Shair Ahmad Hakemy.
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1183-09.
Chairperson Simerly asked the Commission if there were any questions of staff. There being no response, he opened the public hearing and asked if the applicant or representative would come forward to address the Commission.
Mr. Troy McCraw, of 1321 Curtis Lane, Terrell, came forward to represent the applicant. He stated that the applicant was attracted to this location for a Beer & Wine Package store, because of the building layout. Mr. McCraw also stated that the applicant was aware of the Planning & Zoning Commissions’ concerns regarding stacking space. He also stated that the applicant was looking at changing comestics to the exterior, such as painting the building, upgrading the landscaping and demolish two interior walls.
Chairperson Simerly asked the Commission if there were any questions of Mr. McCraw. Hearing no response, he asked if there was anyone in the audience who wished to address the Commission either in favor of or in opposition to case Z-1183-09.
Mr. James Thompson, of 1133 Normandy Avenue, came forward to address the Commission. He asked how many Beer & Wine Package stores are currently owned and operated by the applicant Mr. Shair Ahmed Hakemy.
Chairperson Simerly stated that he was not sure if the question asked by Mr. Thompson would have any bearing on the Planning & Zoning Commission approval or denial of case Z-1183-09, but the applicant could answer at his discretion.
Mr. McCraw stated that the applicant has more than 50 similar businesses.
Chairperson Simerly asked if there was anyone else who wished to speak either in favor of or in opposition to case Z-1183-09.
Mr. Jim Terrell, of 742 Arbor Creek, came forward to address the Commission. He informed the Commission that he was a member of the Hampton Road Development Committee and the committee is hopeful that the Hampton Road Development project will bear fruit turning Hampton Road Corridor into a model business center for DeSoto. He also stated that the proposed site is a particularly important site to the Hampton Road Development project and the use of a Beer & Wine Package store is not the highest and best use.
Chairperson Simerly asked if there was anyone else who wished to speak either in favor of or in opposition to case Z-1183-09.
Mr. James Zander, of 925 W. Pleasant Run Road, came forward to address the Commission. He stated that a Beer & Wine Package store was not the best use for one of the most prominent corners in the city.
Chairperson Simerly asked if there was anyone else who wished to speak either in favor of or in opposition to case Z-1183-09. There being no response, he closed the public hearing and asked the Commission if there was any discussion.
Commissioner Jones expressed his concerns about whether a Beer & Wine Package store was the highest and best use or not for such a prominate corner in the city.
Chairperson Simerly asked the Commission if there was any other discussion or comments. Hearing no response, he asked the Commission for a motion.
Motion to Deny to Deny Case Z-1183-09; a Specific Use Permit request to allow a Beer and Wine Package Establishment with drive thru at 900 N. Hampton Road. Moved by Commissioner Reginald Jones, seconded by Commissioner Dick North.
Vote to Deny to Deny Case Z-1183-09; a Specific Use Permit request to allow a Beer and Wine Package Establishment with drive thru at 900 N. Hampton Road. (Approved)
Ayes: Jones, North, Simerly, Dewberry, Chambers, Stripling
Nays: None
Mr. Vatthauer informed Mr. McCraw that the applicant has ten days to appeal case Z-1183-09 to the City Council.
(5) Consider Case Z-1184-09; a Specific Use Permit (SUP) request. This SUP would allow a Beer and Wine Package Establishment with drive thru in the Fountain Village Shopping Center on Pleasant Run Road. The property in question is located at 1100 E. Pleasant Run Road, Suite 300 & 310 and consists of approximately 3.680 square feet lease space. The applicant is Shair Ahmad Hakemy.
Chairperson Simerly asked the Commission if there were any questions of staff.
Commissioner Jones asked Mr. Vatthauer if the proposed Beer & Wine Package store would occupany the entire building or just one lease space of the proposed building.
Mr. Vatthauer informed the Commission that the proposed Beer & Wine Package store would occupany the entire building, which encompasses both suites 300 & 310.
Commissioner Chambers asked Mr. Vatthauer for the total amount of children attending the Cambridge Private School across the street from 1100 E. Pleasant Run Road, Suites 300 & 310.
Mr. Vatthauer stated that Cambridge Private School across the street from the proposed site has approximately 68 children.
Commissioner Chambers asked Mr. Vatthauer, if the daycare center located across the street from the proposed site at the corner of Pleasant Run Road and The Meadows Parkway has any effect on the distance requirements from a Beer & Wine Package store.
Mr. Vatthauer informed the Commission that daycare centers do not fall into the distance requirements for Beer & Wine Package stores.
The Commission and Mr. Vatthauer discussed the private school across the street and exceptions in state distance requirements from schools with student bodies less than 100 pupils.
Chairperson Simerly asked the Commission if there were any additional questions or comments for staff.
Commissioner Stripling asked Mr. Vatthauer if a restaurant was proposed in addition to the Beer & Wine Package Store at 1100 E. Pleasant Run Road, Suites 300 & 310.
Mr. Vatthauer stated that he was not aware of a proposed restuarant at 1100 E. Pleasant Run Road, Suite 300 & 310. He also informed the Commission that the applicant would have to address the Commission regarding a proposed restuarant.
Chairperson Simerly asked the Commission if there were any additional questions for staff. Hearing no response, he opened the public hearing and asked the applicant to come forward to address the Commission.
Mr. Troy McCraw, of 1321 Curtis Lane, Terrell, came forward to represent the applicant. He informed the Commission that the site has an existing restuarant lay out and the applicant is looking into salvaging the restuarant portion of the site by selling minor fast food as well as Beer & Wine.
Commissioner Stripling asked Mr. McCraw if the applicant intends to sell food as well as Beer & Wine at the proposed location.
Mr. McCraw informed the Commission that it is the applicant’s intend to sell food along with the Beer & Wine at this location. He also stated that the drive-thru window at this location would be primarly for the sale of food, but there would be access to selling Beer & Wine thru the drive-thru window too.
Commissioner Jones asked Mr. McCraw about the type of food that would be sold.
Mr. McCraw stated that the applicant did not know specifically what type of food they would sale at the proposed site, but they were looking at selling minor fast food, such as tacos or taquitos.
Chairperson Simerly asked the Commission if there any other questions of Mr. McCraw. There being no response, he asked if anyone wished to address the Commission either in favor of or in opposition to case Z-1184-09.
Mr. Alvin Benskin, of 1144 Lakeside Drive, came forward to address the Commission. He expressed his concern for the future of the private school across the street from the proposed site as well as the close proximity of the Beer & Wine Store to the Avalondale Subdivision.
Ms. Dorothy Powell, of 1101 Bordeaux Avenue, came forward to address the Commission. She stated the Beer & Wine Package Store would impact and possibly detour businesses from Fountain Village Shopping Center. Ms. Powell also asked the Commission to research the amount of food sales versus the amount of Beer & Wine Sales at other Beer & Wine Stores owned and operated by the applicant. She also expressed her concerns about the private school across the street from Fountain Village and the property value of homes in Avalondale Subdivision.
Chairperson Simerly asked if there was anyone else who wished to address the Commission either in favor of or in opposition to case Z-1184-09.
Mr. James Zander came forward to address the Commission. He stated that the proposed location meets state requirements for Beer & Wine Package Sales Establishments. Mr. Zander also informed the Commission that he was in favor of a Beer & Wine Package Store at this location.
Chairperson Simerly asked if there was anyone else who wished to address the Commission either in favor of or in opposition to case Z-1184-09. Hearing no response, he closed the public hearing and asked the Commission if there was any discussion.
Vice Chairperson Dewberry stated that there will be pros and cons with every Specific Use Permit request for Beer & Wine Stores and the Commission will have to weight each one on a case by case bases. He also informed the Commission that he would support the Specific Use Permit request for a Beer & Wine Store at 1100 E. Pleasant Run Road, Suite 300 & 310.
The Commission, Mr. Vatthauer and City Attorney Joe Gorfida discussed student enrollment numbers for the private school across the street from Fountain Village and state enrollment requirements as it pertains to Beer & Wine Store distance requirements.
Chairperson Simerly asked the Commission if there were any other questions or concerns of staff.
Commissioner North expressed his concern regarding the impact a Beer & Wine Store would have on the occupancy level of Fountain Village Shopping Center.
City Attorney Joe Gorfida informed the Commission that under the Texas Alcohol Beverage Code, Beer & Wine Package Sales Establishments cannot be discriminated against on the basis of selling Beer & Wine.
Chairperson Simerly asked the Commission if there was any additional discussion. There being no response, he asked the Commission for a motion.
Motion to Approve to Approve Case Z-1184-09; a Specific Use Permit request to allow a Beer and Wine Establishment with drive-thru at 1100 E. Pleasant Run Road, Suite 300 & 310. Moved by Vice Chairperson Donald Dewberry, seconded by Commissioner Van Stripling.
Vote to Approve to Approve Case Z-1184-09; a Specific Use Permit request to allow a Beer and Wine Establishment with drive-thru at 1100 E. Pleasant Run Road, Suite 300 & 310. (Approved)
Ayes: Dewberry, Stripling, Jones, Simerly
Nays: North, Chambers
G. REGULAR AGENDA:
(6) No items.
H. ADJOURNMENT:
Being there was no other business; Chairperson Simerly adjourned the meeting at 7:35 PM.
Jan 26, 2010 Planning and Zoning Meeting
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Roll Call: 9 members present, 0 members absent, 0 members excused.
A. WORKSESSION AGENDA
(1) Discuss agenda items.
(2) Brief the Planning & Zoning Commission on updated information regarding the 2nd Industrial Area Planned Development
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
D. CALL TO ORDER.
Chairperson Simerly called the meeting to order at 7:00 PM and noted for the record that six (6) Commissioners were present.
E. CONSENT AGENDA ITEMS:
(3) No items.
F. PUBLIC HEARING:
(4) Consider Case Z-1183-09; a Specific Use Permit (SUP) request. This SUP would allow a Beer and Wine Package Establishment with drive thru at the northeast corner of Pleasant Run Road and Hampton Road. The property in question is located at 900 N. Hampton Road and consists of approximately 0.225 acres and 1 lot. The applicant is Shair Ahmad Hakemy.
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1183-09.
Chairperson Simerly asked the Commission if there were any questions of staff. There being no response, he opened the public hearing and asked if the applicant or representative would come forward to address the Commission.
Mr. Troy McCraw, of 1321 Curtis Lane, Terrell, came forward to represent the applicant. He stated that the applicant was attracted to this location for a Beer & Wine Package store, because of the building layout. Mr. McCraw also stated that the applicant was aware of the Planning & Zoning Commissions’ concerns regarding stacking space. He also stated that the applicant was looking at changing comestics to the exterior, such as painting the building, upgrading the landscaping and demolish two interior walls.
Chairperson Simerly asked the Commission if there were any questions of Mr. McCraw. Hearing no response, he asked if there was anyone in the audience who wished to address the Commission either in favor of or in opposition to case Z-1183-09.
Mr. James Thompson, of 1133 Normandy Avenue, came forward to address the Commission. He asked how many Beer & Wine Package stores are currently owned and operated by the applicant Mr. Shair Ahmed Hakemy.
Chairperson Simerly stated that he was not sure if the question asked by Mr. Thompson would have any bearing on the Planning & Zoning Commission approval or denial of case Z-1183-09, but the applicant could answer at his discretion.
Mr. McCraw stated that the applicant has more than 50 similar businesses.
Chairperson Simerly asked if there was anyone else who wished to speak either in favor of or in opposition to case Z-1183-09.
Mr. Jim Terrell, of 742 Arbor Creek, came forward to address the Commission. He informed the Commission that he was a member of the Hampton Road Development Committee and the committee is hopeful that the Hampton Road Development project will bear fruit turning Hampton Road Corridor into a model business center for DeSoto. He also stated that the proposed site is a particularly important site to the Hampton Road Development project and the use of a Beer & Wine Package store is not the highest and best use.
Chairperson Simerly asked if there was anyone else who wished to speak either in favor of or in opposition to case Z-1183-09.
Mr. James Zander, of 925 W. Pleasant Run Road, came forward to address the Commission. He stated that a Beer & Wine Package store was not the best use for one of the most prominent corners in the city.
Chairperson Simerly asked if there was anyone else who wished to speak either in favor of or in opposition to case Z-1183-09. There being no response, he closed the public hearing and asked the Commission if there was any discussion.
Commissioner Jones expressed his concerns about whether a Beer & Wine Package store was the highest and best use or not for such a prominate corner in the city.
Chairperson Simerly asked the Commission if there was any other discussion or comments. Hearing no response, he asked the Commission for a motion.
Motion to Deny to Deny Case Z-1183-09; a Specific Use Permit request to allow a Beer and Wine Package Establishment with drive thru at 900 N. Hampton Road. Moved by Commissioner Reginald Jones, seconded by Commissioner Dick North.
Vote to Deny to Deny Case Z-1183-09; a Specific Use Permit request to allow a Beer and Wine Package Establishment with drive thru at 900 N. Hampton Road. (Approved)
Ayes: Jones, North, Simerly, Dewberry, Chambers, Stripling
Nays: None
Mr. Vatthauer informed Mr. McCraw that the applicant has ten days to appeal case Z-1183-09 to the City Council.
(5) Consider Case Z-1184-09; a Specific Use Permit (SUP) request. This SUP would allow a Beer and Wine Package Establishment with drive thru in the Fountain Village Shopping Center on Pleasant Run Road. The property in question is located at 1100 E. Pleasant Run Road, Suite 300 & 310 and consists of approximately 3.680 square feet lease space. The applicant is Shair Ahmad Hakemy.
Chairperson Simerly asked the Commission if there were any questions of staff.
Commissioner Jones asked Mr. Vatthauer if the proposed Beer & Wine Package store would occupany the entire building or just one lease space of the proposed building.
Mr. Vatthauer informed the Commission that the proposed Beer & Wine Package store would occupany the entire building, which encompasses both suites 300 & 310.
Commissioner Chambers asked Mr. Vatthauer for the total amount of children attending the Cambridge Private School across the street from 1100 E. Pleasant Run Road, Suites 300 & 310.
Mr. Vatthauer stated that Cambridge Private School across the street from the proposed site has approximately 68 children.
Commissioner Chambers asked Mr. Vatthauer, if the daycare center located across the street from the proposed site at the corner of Pleasant Run Road and The Meadows Parkway has any effect on the distance requirements from a Beer & Wine Package store.
Mr. Vatthauer informed the Commission that daycare centers do not fall into the distance requirements for Beer & Wine Package stores.
The Commission and Mr. Vatthauer discussed the private school across the street and exceptions in state distance requirements from schools with student bodies less than 100 pupils.
Chairperson Simerly asked the Commission if there were any additional questions or comments for staff.
Commissioner Stripling asked Mr. Vatthauer if a restaurant was proposed in addition to the Beer & Wine Package Store at 1100 E. Pleasant Run Road, Suites 300 & 310.
Mr. Vatthauer stated that he was not aware of a proposed restuarant at 1100 E. Pleasant Run Road, Suite 300 & 310. He also informed the Commission that the applicant would have to address the Commission regarding a proposed restuarant.
Chairperson Simerly asked the Commission if there were any additional questions for staff. Hearing no response, he opened the public hearing and asked the applicant to come forward to address the Commission.
Mr. Troy McCraw, of 1321 Curtis Lane, Terrell, came forward to represent the applicant. He informed the Commission that the site has an existing restuarant lay out and the applicant is looking into salvaging the restuarant portion of the site by selling minor fast food as well as Beer & Wine.
Commissioner Stripling asked Mr. McCraw if the applicant intends to sell food as well as Beer & Wine at the proposed location.
Mr. McCraw informed the Commission that it is the applicant’s intend to sell food along with the Beer & Wine at this location. He also stated that the drive-thru window at this location would be primarly for the sale of food, but there would be access to selling Beer & Wine thru the drive-thru window too.
Commissioner Jones asked Mr. McCraw about the type of food that would be sold.
Mr. McCraw stated that the applicant did not know specifically what type of food they would sale at the proposed site, but they were looking at selling minor fast food, such as tacos or taquitos.
Chairperson Simerly asked the Commission if there any other questions of Mr. McCraw. There being no response, he asked if anyone wished to address the Commission either in favor of or in opposition to case Z-1184-09.
Mr. Alvin Benskin, of 1144 Lakeside Drive, came forward to address the Commission. He expressed his concern for the future of the private school across the street from the proposed site as well as the close proximity of the Beer & Wine Store to the Avalondale Subdivision.
Ms. Dorothy Powell, of 1101 Bordeaux Avenue, came forward to address the Commission. She stated the Beer & Wine Package Store would impact and possibly detour businesses from Fountain Village Shopping Center. Ms. Powell also asked the Commission to research the amount of food sales versus the amount of Beer & Wine Sales at other Beer & Wine Stores owned and operated by the applicant. She also expressed her concerns about the private school across the street from Fountain Village and the property value of homes in Avalondale Subdivision.
Chairperson Simerly asked if there was anyone else who wished to address the Commission either in favor of or in opposition to case Z-1184-09.
Mr. James Zander came forward to address the Commission. He stated that the proposed location meets state requirements for Beer & Wine Package Sales Establishments. Mr. Zander also informed the Commission that he was in favor of a Beer & Wine Package Store at this location.
Chairperson Simerly asked if there was anyone else who wished to address the Commission either in favor of or in opposition to case Z-1184-09. Hearing no response, he closed the public hearing and asked the Commission if there was any discussion.
Vice Chairperson Dewberry stated that there will be pros and cons with every Specific Use Permit request for Beer & Wine Stores and the Commission will have to weight each one on a case by case bases. He also informed the Commission that he would support the Specific Use Permit request for a Beer & Wine Store at 1100 E. Pleasant Run Road, Suite 300 & 310.
The Commission, Mr. Vatthauer and City Attorney Joe Gorfida discussed student enrollment numbers for the private school across the street from Fountain Village and state enrollment requirements as it pertains to Beer & Wine Store distance requirements.
Chairperson Simerly asked the Commission if there were any other questions or concerns of staff.
Commissioner North expressed his concern regarding the impact a Beer & Wine Store would have on the occupancy level of Fountain Village Shopping Center.
City Attorney Joe Gorfida informed the Commission that under the Texas Alcohol Beverage Code, Beer & Wine Package Sales Establishments cannot be discriminated against on the basis of selling Beer & Wine.
Chairperson Simerly asked the Commission if there was any additional discussion. There being no response, he asked the Commission for a motion.
Motion to Approve to Approve Case Z-1184-09; a Specific Use Permit request to allow a Beer and Wine Establishment with drive-thru at 1100 E. Pleasant Run Road, Suite 300 & 310. Moved by Vice Chairperson Donald Dewberry, seconded by Commissioner Van Stripling.
Vote to Approve to Approve Case Z-1184-09; a Specific Use Permit request to allow a Beer and Wine Establishment with drive-thru at 1100 E. Pleasant Run Road, Suite 300 & 310. (Approved)
Ayes: Dewberry, Stripling, Jones, Simerly
Nays: North, Chambers
G. REGULAR AGENDA:
(6) No items.
H. ADJOURNMENT:
Being there was no other business; Chairperson Simerly adjourned the meeting at 7:35 PM.
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