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11-17-1998 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting NOVEMBER 17, 1998 7:00 P.M. A quorum was present and a notice was posted in the time and manner required by law. Members Present: Staff Present: Steve Ahrens, Chairman Tobin E. Maples, Director of Planning Sharon Dowdy Carrie Smith, Secretary Eric Hogue, Vice Chairman Don Hughes Carter Porter Julie Schmader Cecilia Wood CALL TO ORDER The meeting was called to order at 7:00 P.M. by Chairman, Steve Ahrens. ACTION ITEMS 1. ZC.No. 98-09:recommendation to the City Council for a request from Gonzalo Cerda for approval of a Specific Use Permit (SUP) for a private club serving alcoholic beverages (proposed restaurant) for the property generally located the northeast corner of Fifth Street and SH 78, and being part of Lot 1 &2,Block 12 of the Railroad Addition, an Addition to the City of Wylie, Collin County, Texas. Tobin Maples Update: The City of Wylie Zoning Ordinance requires a Specific Use Permit (SUP) to be considered by the Planning and Zoning Commission and voted on by the City Council. The SUP will not authorize any other businesses in the strip center to sell alcoholic beverages. Public Commit Forms were sent out to fifteen property owners within 200 feet of this property and no comment forms were returned. The current zoning is consistent with the Comprehensive Plan. State statues does allow alcoholic Minutes-Planning and Zoning Commission November 17, 1998,Regular Business Meeting Page 1 beverages to be served subject to issuing a private club permit by Texas Alcohol Beverage Commission. The applicant has been issued his permit and it is on file with the City. Staff is recommending approval. Applicant - Translator Rita Juarez, 3632 Matador, Dallas TX 75220 on behalf of Mr. Gonzalo Cerda: There is another location in Garland that has been issued a SUP. Public Hearing... In Opposition: Al Draper, 100 Tanglewood Ct. Commission's Discussion: The restaurant is enlarging and this permit does include the metes and bounds for the existing and expansion. The regular business hours of the restaurant will be from 11:00 am to 10:30 pm, seven days a week. This is to be a family restaurant, there will not be an open bar. People will be seated at tables. Mr. Cerda's current membership is 50 to 75 and he plans an additional 25 new members. Parking is up to City Code. The parking requirements are one space for every three seats at capacity. The real property owners were notified and there is a City zoning sign posted to indicate the property is up for rezoning. The maximum capacity is approximately 70 people. The square footage of the property is 45 X 40 or 1800 square feet. The Teen Center is no longer in the shopping strip. The SUP is permanent, the only way it will change is if the City Council votes to revoke it. A new business can move in and obtain a permit from the State and the SUP will still be in effect. Motion: A motion was made by Cecilia Wood, Seconded by Julie Schmader to recommend approval to City Council with the stipulation that the hours of business be from 11:00 am to 10:30 pm and there will only be a service bar, no open bar. Motion Carried - 5 - 2, opposed, Eric Hogue and Don Hughes. Minutes-Planning and Zoning Commission November 17, 1998,Regular Business Meeting Page 2 2. ZC. No. 98-16: recommendation to the City Council regarding a request from The Kansas City Southern Railway Company and Tolmak, Inc., for approval of a zone change from A(Agricultural); B-1 (Business); SF-A (Single Family Attached); SF-2 & SF-3 (Single Family Residential) to I (Industrial) for the property generally located at the northeast corner of Spring Creek Parkway and SH 78 and being all of a certain 202.392 acre tract out of the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Tobin Maples update: Property is currently vacant and zoned A (Agricultural), B (Business), SFA(Single Family Attached) and SF2-3 (Single Family). The properties to the north are zoned I (Industrial) and A(Agricultural); the properties to the east are in the county;the properties to the south are zoned A(Agricultural), B-1 &B-2 (Business);the properties to the west are vacant and zoned MF (Multifamily); the property to the northwest is zoned I (Industrial) and developed with military uses, the armory. Public comment forms were sent out to twenty-nine (29) property owners and only one (1) form has been received in support of the request. Comprehensive plan does recommend Industrial, Commercial, and Business uses for the property. Subsequent to this case being advertised the applicant indicated that they would like to amend their application. Staff is recommending approval. Applicant-Ron Hanson, 1601 Bryan Dallas, Texas on behalf of Kansas City Southern Railway and Tolmak. The amendment to the application would be for the property fronting SH 78, 300 feet deep to be zoned B-1 (Business). The remaining property to be zoned I (Industrial). Public Hearing... In Opposition: Nicki Allen, 100 Rush Creek Kipp A. Collins, 407 Kamber Lane Brenda Reinbaugher, 603 Burchsire Lane Billie Jo Swanner, 102 Tanglewood Kenna Johnson, 503 Rustic Place Joe D. Baker, 114 S. Carriage House Way Jerry Allen, 100 Rush Creek Roy Prithcard, 200 Rush Creek Motion: A motion was made by Sharon Dowdy, Seconded by Cecilia Wood to recommend approval to the City Council with the frontage along SH 78 and 300 feet deep will be zoned B-1 (Business). Motion Carried - all in favor (7). Minutes-Planning and Zoning Commission November 17, 1998,Regular Business Meeting Page 3 STAFF REPORT The next public work shop is on December 10, 1998 at 7:00 pm. There was a ten minute recess and then the meeting was convened into a joint Worksession with City Council. WORKSESSION See City Council Minutes. ADJOURNMENT See City Council Minutes. a/64_ ,s44.4:4z Steve Ahrens, Chairman Carrie Smith, Secretary Minutes-Planning and Zoning Commission November 17, 1998,Regular Business Meeting Page 4