Preliminary report for a mixed beverage late hours alcoholic beverage special use permit. Recommendation

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3 Shenandoah Planning and Zoning Commission AGENDA REPORT Meeting Date: December 18, 2012 Item Number: Public Works & Community Development Department: Prepared By: Erik Smith Budgeted Amount: Date Prepared: December 12, 2012 Exhibits: (City Secretary s Use Only) Cover Letter, Application, TABC Application Subject Preliminary report for a mixed beverage late hours alcoholic beverage special use permit. Recommendation Discussion Twin Peaks, I-45 North, Shenandoah, Texas 77384, is requesting a zoning amendment to allow for a special use permit for late hours mixed alcoholic beverage sales (on premise). This is the first of two preliminary reports that will be held at the Planning and Zoning Commission meeting. The second preliminary report will be on January 3 rd, 2013 at 7:00 p.m. City Council will hold a third and final report hearing on January 9 th at 7:00 p.m. Twin Peaks is currently in the building remodel stage of what was previously Los Cucos Mexican Café. Previous tenants at this address have sold alcoholic beverages but have not been granted a mixed beverage late hours alcoholic beverage permit which is the reason this request is required to go through the entire alcoholic beverage special use permit process instead of the zoning alcoholic permit (ZAP) process. ZAP s are only allowed if the current request is reflective of what was previously granted. Twin Peaks hours of operation for the business will be Sunday Wednesday 11:00 a.m. Midnight and Thursday Saturday 11:00 a.m. 2:00 a.m. The business is located in Planned Development District #1 Vision Park zoning district. Twin Peaks Website Approved By Department Planner 12/12/12 Initial Date Department Manager Initial Date Page 1 Revised 1/10

4 Shenandoah Planning and Zoning Commission AGENDA REPORT Meeting Date: December 18, 2012 Item Number: Public Works & Community Development Department: Prepared By: Erik Smith Budgeted Amount: Date Prepared: December 12, 2012 Exhibits: (City Secretary s Use Only) Cover Letter, Application, TABC Application Subject Public hearing for a mixed beverage late hours alcoholic beverage special use permit. Recommendation Discussion Twin Peaks, I-45 North, Shenandoah, Texas 77384, is requesting a zoning amendment to allow for a special use permit for late hours mixed alcoholic beverage sales (on premise). This is the first of two public hearings that will be held at the Planning and Zoning Commission meeting. The second public hearing will be on January 3 rd, 2013 at 7:00 p.m. City Council will hold the third and final public hearing on January 9 th at 7:00 p.m. Twin Peaks is currently in the building remodel stage of what was previously Los Cucos Mexican Café. Previous tenants at this address have sold alcoholic beverages but have not been granted a mixed beverage late hours alcoholic beverage permit which is the reason this request is required to go through the entire alcoholic beverage special use permit process instead of the zoning alcoholic permit (ZAP) process. ZAP s are only allowed if the current request is reflective of what was previously granted. Twin Peaks hours of operation for the business will be Sunday Wednesday 11:00 a.m. Midnight and Thursday Saturday 11:00 a.m. 2:00 a.m. The business is located in Planned Development District #1 Vision Park zoning district. Twin Peaks Website Approved By Department Planner 12/12/12 Initial Date Department Manager Initial Date Page 1 Revised 1/10

5 Shenandoah Planning and Zoning Commission December 18, 2012 Public Hearing Preliminary Report Subject: Presentation of the Planning and Zoning Commission preliminary report regarding the proposed zoning amendment to allow for a special use permit for late hours mixed alcoholic beverage sales until 2:00 a.m. (on premise). The proposed special use permit is being requested for Twin Peaks Restaurant located at Interstate 45 South, Shenandoah, Texas ( acres). Twin Peaks is doing a major remodel of the previous building which was previously occupied by Los Cucos Mexican Café and Café Adobe. This is the first of two preliminary reports staff is presenting to the Planning and Zoning Commission. The second preliminary report will be on the January 3 rd, Staff has researched previous tenants and has not been able to find one that was granted the same type of alcoholic beverage special use permit, therefore; this applicant is required to go through then entire process of being granted an alcoholic beverage special use permit instead of a zoning alcohol permit (ZAP) which was granted to the previous tenant Los Cucos Mexican Café. Following the recommendation from the Planning and Zoning Commission this item will be forwarded on to the January 9 th, 2013 City Council meeting for final determination. Conclusion: TBD. Prepared by: Erik Smith Planner Date Prepared: December 12, 2012

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15 NOTICE OF PUBLIC HEARINGS AND REGULAR MEETING November 20, 2012 PLANNING AND ZONING COMMISSION The meeting was called to order by Chairman David Ash at 7:00 p.m. Members present, Vice Chairman Carolyn Moore, Mr. Robert Jackson, Mr. John Rivas and Mr. Charlie Bradt. Also present for the meeting from city staff was Mr. Byron Bevers, Director of Public Works. Citizen s Forum There were no inquiries. Individual Consideration 4. Presentation of a preliminary report regarding a proposed zoning change from IZ Interim Zoning District to OC Office Commercial. The proposed zoning change is being requested for the acre property located at Tamina Road and David Memorial Drive, Shenandoah, Texas Mr. Bevers gave a presentation on the zoning change. Mr. Bevers informed the Commissioners the applicant that has requested the rezoning for area that is currently Interim Zoning and have the tract changed to Office Commercial. 5. Public Hearing regarding a proposed zoning change from IZ Interim Zoning District to OC Office Commercial. The proposed zoning change is being requested for the acre property located at Tamina Road and David Memorial Drive, Shenandoah, Texas Convene: 7:04 p.m. There was no comment. Adjourn: 7:05 p.m. 6. Presentation of a preliminary report regarding a special use permit to allow for Tourist Accommodations: Lodging Restricted or General. The proposed special use permit would change two adjoining tracts of land, one being acres located at Tamina Road and David Memorial Drive, Shenandoah, Texas 77385, and the second tract being acres also located at Tamina Road and David Memorial Drive, Shenandoah, Texas The two tracts will be combined into a

16 acre tract of land. Mr. Bevers informed Commissioners that this is a request for a Special Use Permit for two separate properties to allow for future hotels on the site. Mr. Ash asked if hotels are allowed in the Office Commercial district. Mr. Bevers informed him that a hotel is allowed by Special Use Permit and added any hotel is required to be granted a Special Use Permit. Mr. Jackson asked what the property to the west of the tract is. Mr. Bevers informed him it was un-zoned land. Mr. Bevers clarified that granting a Special Use Permit will only allow for a hotel to be constructed on this site, it is not granting approval of the future project at this time. 7. Public hearing regarding a special use permit to allow for Tourist Accommodations: Lodging Restricted or General. The proposed special use permit would change two adjoining tracts of land, one being acres located at Tamina Road and David Memorial Drive, Shenandoah, Texas 77385, and the second tract being acres also located at Tamina Road and David Memorial Drive, Shenandoah, Texas The two tracts will be combined into a acre tract of land. Convene: 7:12 p.m. There was no comment. Adjourn: 7:13 p.m. 8. Presentation of a preliminary report regarding a comprehensive plan amendment from Town Center to Low Density Residential Land Use. The proposed comprehensive plan amendment change is being requested for the acre property located on the north side of Vision Park Boulevard, Shenandoah, Texas Mr. Bevers gave a brief presentation to describe a proposed future subdivision. He explained that the site request is for a single family residential community. Mr. Bevers explained that the single family residential subdivision across the street is going to be similar in nature. Mr. Bevers explained that the side lot lines will be four feet. Planning and Zoning Commission Meeting Minutes November 20, 2012 Page 2 of 6

17 9. Public hearing regarding a comprehensive plan amendment from Town Center to Low Density Residential Land Use. The proposed comprehensive plan amendment change is being requested for the acre property located on the north side of Vision Park Boulevard, Shenandoah, Texas Convene: 7:23 p.m. Cathy Lorance, Atkinson Lane: Mrs. Lorance asked if the intention was to make Atkinson Lane. Mr. Bevers informed her that no plans are prepared to do that. Mr. Bevers also informed her that nothing on the agenda would provide access to the lakes by her property. Mr. Bevers informed her that this subdivision will not have direct access to Atkinson Lane. Tim Peterson, 102 N. Mews Wood Ct.: Mr. Peterson asked what the distance between his fence line and the new development would be. Mr. Bevers informed him that the area is part of The Woodlands. An individual informed the Commission he measured it at 42 ft. Mr. Peterson asked how to ensure the trees behind his house are preserved. Mr. Bevers informed him that is something The Woodlands would have to do. Mr. Bevers informed the Commission and attendees there is a 50% canopy coverage. Sam Newton, 82 S. Mews Wood Ct.: Mr. Newton asked the developer do everything they can to preserve the well established trees between his house and the future development. Mike Gray, 106 N. Mews Wood Ct.: Mr. Gray expressed concern about residential peace and the impact on future development would have on their existing properties. Mr. Gray also expressed concern about additional traffic on local roads. Fred De Ronde, 3, Manor Pl.: Mr. Ronde said he loved the traffic circle. He wanted to know if there was a road or bridge going over Vision Park and Interstate 45. Mr. Bevers informed him there are no plans to do so. Mr. Bradt said that TxDot would have to get involved. Thomas Nessel, 98 N. Mews Wood Ct.: Mr. Nessel asked if this plan was to be approved does that mean a road going North and South being is being approved. Mr. Bevers informed him that is very difficult to answer but at this time no road is planned. Mr. Bevers also stated that it could be out of the cities hands if Montgomery County got involved. Adjourn: 7:40 p.m. Planning and Zoning Commission Meeting Minutes November 20, 2012 Page 3 of 6

18 10. Presentation of a preliminary report regarding a zoning change from IZ Interim Zoning District to Planned Development District #6 - Marion. The proposed zoning change is being requested for the acre property located on the north side of Vision Park Boulevard, Shenandoah, Texas Mr. Bevers gave a brief project description on the layout of the lots. The subdivision will have an alley. Mr. Bevers notified that there will be parks within the proposed subdivision. 11. Public hearing regarding a zoning change from IZ Interim Zoning District to Planned Development District #6 - Marion. The proposed zoning change is being requested for the acre property located on the north side of Vision Park Boulevard, Shenandoah, Texas Convene: 7:44 p.m. Mr. Gray, 106 N. Mews Wood Ct.: Asked what action the homeowners needed to take to preserve the area that is currently vegetated. Mr. Bevers informed him that the area he is questioning is actually outside of the City of Shenandoah limits. Mr. Bevers informed him that the plat will coming to the Planning and Zoning Commission shortly and if he feels inclined to come to a meeting to do so. Mr. Bevers informed that the preserve in The Woodlands is not within the proposed development. Mr. De Ronde, 3 Manor Pl.: Ask why someone would want to put a park near the round a bout. Mr. Jim Wendt, LJA Engineering, informed him it is more for something along the lines of a fountain. Adjourn: 7:50 p.m. Consent Agenda 12. Approve the Planning and Zoning Commission meeting minutes for the following: a) August 21, 2012 Public Hearing and Annual Meeting; MRS. MOORE MOVED TO APPROVE THE MINUTES. THE MOTION WAS SECONDED BY MR. RIVAS. THE MOTION CARRIED (4-0). MR. CHARLIE BRADT ABSTAINED. Planning and Zoning Commission Meeting Minutes November 20, 2012 Page 4 of 6

19 City Staff Report 13. Public Works and Community Development departmental report regarding previous Planning and Zoning Commission and City Council action items, Public Works updates and any future planning matters. Mr. Bevers updated the Commission on previous items and various projects throughout the City. Lighting of the Angels is going to be next Tuesday, November 27, at 6:00 p.m. at the City Park. Gracepoint plat will be coming soon. There is a Town Hall meeting on December 6 th regarding the City Park. There is a special Planning and Zoning meeting December 4 th, An unidentified person asked about the response about the new pathways. Commissioner s Inquiry The Planning and Zoning Commission may inquire about a subject not specifically listed on this Agenda. Responses are limited to a recitation of existing policy or a statement of specific factual information given in response to the inquiry. Any deliberation or decision shall be limited to a proposal to place the subject on the agenda of a future meeting. Mr. Jackson asked how long it would be before David Weekley put grass down. Mr. Bevers stated he was not exactly sure but would probably be with each house. Mr. Bevers said he would look at the plans. Mr. Rivas asked about what might be discussed at the Parks meeting. Mr. Bevers said that he didn t want to get into specifics because there are planned voting items in the future but could send documentation to him. Mr. Jackson asked about a traffic light at Wellman Rd. and Grogan s Mill. Mr. Bevers said there had been but no plans at this time. Planning and Zoning Commission Meeting Minutes November 20, 2012 Page 5 of 6

20 Adjourn. MRS. MOORE MOVED TO ADJOURN AT 7:30 P.M. THE MOTION WAS SECONDED BY MR. RIVAS. THE MOTION CARRIED UNANIMOUSLY (5-0). SUBMITTED BY: Erik Smith, Planner DATE APPROVED: ATTEST: David Ash, Chairman Kathie Reyer, City Secretary Planning and Zoning Commission Meeting Minutes November 20, 2012 Page 6 of 6

21 NOTICE OF PUBLIC HEARINGS AND SPECIAL MEETING December 4, 2012 PLANNING AND ZONING COMMISSION The meeting was called to order by Chairman David Ash at 7:00 p.m. Members present, Vice Chairman Mrs. Carolyn Moore, Mr. Robert Jackson and Mr. Charlie Bradt. Mr. John Rivas was absent. Also present for the meeting from city staff was Mr. Greg Smith, City Administrator, Mr. Byron Bevers, Director of Public Works and Erik Smith, Planner. Citizen s Forum There were no inquiries. Individual Consideration 4. Presentation of a preliminary report regarding a comprehensive plan amendment from Town Center to Low Density Residential Land Use. The proposed comprehensive plan amendment change is being requested for the acre property located on the north side of Vision Park Boulevard, Shenandoah, Texas Mr. Bevers gave a staff presentation regarding the proposed Gracepoint Homes subdivision. He explained that a Comprehensive Plan change is required to allow for a subdivision for this site. 5. Public hearing regarding a comprehensive plan amendment from Town Center to Low Density Residential Land Use. The proposed comprehensive plan amendment change is being requested for the acre property located on the north side of Vision Park Boulevard, Shenandoah, Texas Convene: 7:04 p.m. Jeff Billings, Atkinson Ln.: Mr. Billings expressed concern about drainage being obstructed from reaching the lakes in the subdivision. The drainage from the site being considered for development is being fed into the existing lakes. He would like to see if there is a way to keep drainage flowing to the lakes. Mr. Bevers explained drainage would be diverted to the Vision Park

22 Detention Pond. Mr. Bevers explained staff does not have enough information to correctly address the question but would look into it with the developer and present the information to City Council. Adjourn: 7:17 p.m. 6. Consideration and if determined appropriate, make a recommendation to city council to approve a comprehensive plan amendment from Town Center to Low Density Residential Land Use for the acre property located on the north side of Vision Park Boulevard, Shenandoah, Texas MRS. MOORE MOVED TO APPROVE THE COMPREHENSIVE PLAN AMENDMENT. THE MOTION WAS SECONDED BY MR. JACKSON. THE MOTION CARRIED UNANIMOUSLY (4-0). 7. Presentation of a preliminary report regarding a zoning change from IZ Interim Zoning District to Planned Development District #6 - Marion. The proposed zoning change is being requested for the acre property located on the north side of Vision Park Boulevard, Shenandoah, Texas Mr. Bevers gave a presentation on the rezoning and said that it was in relation to the comprehensive plan amendment. Mr. Bevers stated it is similar to the subdivision across the street. 8. Public hearing regarding a zoning change from IZ Interim Zoning District to Planned Development District #6 - Marion. The proposed zoning change is being requested for the acre property located on the north side of Vision Park Boulevard, Shenandoah, Texas Convene: 7:20 p.m. Mr. Billings s comments would carry to this item as well. Adjourn: 7:21 p.m. 9. Consideration and if determined appropriate, make a recommendation to city council to approve a zoning change from IZ Interim Zoning District to Planned Development District #6 - Marion for the acre property located on the north side of Vision Park Boulevard, Shenandoah, Texas Planning and Zoning Commission Meeting Minutes December 4, 2012 Page 2 of 6

23 MR. JACKSON MOVED TO CONDITIONALLY APPROVE THE ZONING CHANGE. THE MOTION WAS SECONDED BY MR. BRADT. THE MOTION CARRIED UNANIMOUSLY (4-0). The condition was further information be provided to City Council prior to final approval regarding drainage options for the lakes. 10. Consideration and if determined appropriate, make a recommendation to city council regarding the preliminary plat for the Marion subdivision, on 11.2 acres located on Vision Park Blvd, Shenandoah, Texas MR. BRADT MOVED TO APPROVE THE PRELIMINARY PLAT. THE MOTION WAS SECONDED BY MRS. MOORE. THE MOTION CARRIED UNANIMOUSLY (4-0). A question was asked about the difference in acreage. Mr. Bevers stated the reason for the difference in acreage was the road was being platted but not part of the rezoning request. 11. Presentation of a preliminary report regarding a proposed zoning change from IZ Interim Zoning District to OC Office Commercial. The proposed zoning change is being requested for the acre property located at Tamina Road and David Memorial Drive, Shenandoah, Texas Mr. Bevers gave a presentation regarding the change in zoning. Mr. Ash asked about traffic studies on zoning cases. Mr. Bevers informed him that the roads are looked at on a case by case basis depending on the project and how it relates to the Thoroughfare Plan. He said in this case the road is designed to accommodate this type of project. In this case a traffic study was not necessary. Mr. Jackson asked about roads behind this property. Mr. Bevers said the area behind is fairly rural. 12. Public Hearing regarding a proposed zoning change from IZ Interim Zoning District to OC Office Commercial. The proposed zoning change is being requested for the acre property located at Tamina Road and David Memorial Drive, Shenandoah, Texas Convene: 7:31 p.m. There were no comments. Adjourn: 7:32 p.m. Planning and Zoning Commission Meeting Minutes December 4, 2012 Page 3 of 6

24 13. Consideration and if determined appropriate, make a recommendation to city council to approve a proposed zoning change from IZ Interim Zoning District to OC Office Commercial for the acre property located at Tamina Road and David Memorial Drive, Shenandoah, Texas MR. JACKSON MOVED TO APPROVE THE ZONING CHANGE. THE MOTION WAS SECONDED BY MR. BRADT. THE MOTION CARRIED UNANIMOUSLY (4-0). 14. Presentation of a preliminary report regarding a special use permit to allow for Tourist Accommodations: Lodging Restricted or General. The proposed special use permit would change two adjoining tracts of land, one being acres located at Tamina Road and David Memorial Drive, Shenandoah, Texas 77385, and the second tract being acres also located at Tamina Road and David Memorial Drive, Shenandoah, Texas The two tracts will be combined into a acre tract of land. Mr. Bevers gave a presentation regarding the Special Use Permit. He this would allow for a future hotel. 15. Public hearing regarding a special use permit to allow for Tourist Accommodations: Lodging Restricted or General. The proposed special use permit would change two adjoining tracts of land, one being acres located at Tamina Road and David Memorial Drive, Shenandoah, Texas 77385, and the second tract being acres also located at Tamina Road and David Memorial Drive, Shenandoah, Texas The two tracts will be combined into a acre tract of land. Convene: 7:35 p.m. There were no comments. Adjourn: 7:36 p.m. 16. Consideration and if determined appropriate, make a recommendation to city council to approve a special use permit to allow for Tourist Accommodations: Lodging Restricted or General. The proposed special use permit would change two adjoining tracts of land, one being acres Planning and Zoning Commission Meeting Minutes December 4, 2012 Page 4 of 6

25 located at Tamina Road and David Memorial Drive, Shenandoah, Texas 77385, and the second tract being acres also located at Tamina Road and David Memorial Drive, Shenandoah, Texas The two tracts will be combined into a acre tract of land. MRS. MOORE MOVED TO APPROVE THE SPECIAL USE PERMIT. THE MOTION WAS SECONDED BY MR. JACKSON. THE MOTION CARRIED UNANIMOUSLY (4-0). 17. Consideration and if determined appropriate, make a recommendation to city council regarding the final plat for Eastwood Village, on acres located on the northeastern corner of the intersection of I-45 North and David J. Vetter Boulevard, Shenandoah, Texas. MR. BRADT MOVED TO CONDITIONALLY APPROVE THE FINAL PLAT. THE MOTION WAS SECONDED BY MR. JACKSON. THE MOTION CARRIED UNANIMOUSLY (4-0). Mr. Bevers explained that this tract of land was previously approved as a preliminary plat. There were a few minor revisions including a slight change in acreage, noting of an easement, and additional signatures in the signature block. Condition was that some sort of funds be designated to infrastructure improvements before final plat is filed. Commissioner s Inquiry The Planning and Zoning Commission may inquire about a subject not specifically listed on this Agenda. Responses are limited to a recitation of existing policy or a statement of specific factual information given in response to the inquiry. Any deliberation or decision shall be limited to a proposal to place the subject on the agenda of a future meeting. Mr. Jackson asked if staff could look into getting grass sprayed on the subdivision project behind his house. Mr. Bevers notified there is a Park Town Hall meeting at 7:00 p.m. December 6 th. Planning and Zoning Commission Meeting Minutes December 4, 2012 Page 5 of 6

26 Adjourn. MRS. MOORE MOVED TO ADJOURN AT 7:42 P.M. THE MOTION WAS SECONDED BY MR. JACKSON. THE MOTION CARRIED UNANIMOUSLY (4-0). SUBMITTED BY: Erik Smith, Planner DATE APPROVED: ATTEST: David Ash, Chairman Kathie Reyer, City Secretary Planning and Zoning Commission Meeting Minutes December 4, 2012 Page 6 of 6