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HomeMy WebLinkAbout1990 P&Z 783 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JANUARY 9, 1990 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 8:20 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Robert Doss Member Agnes Foster Vice-Chairperson Dewayne Snider Member Billy Owens Member with Chairman Vanderburg, Member Jue and Member Marin absent, however, a quorum was established. Also in attendance were Councilman Harris; Bob van Til, Administrative Staff Planner; Kay Corrales Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE NOVEMBER 28, 1989 MEETING. With no corrections or additions, Robert Doss made a motion that the minutes be approved. Member Owens seconded and the motion carried. 2. CITIZEN INPUT None at this time. 3. REVIEW AND CONSIDERATION OF A FINAL PLAT AS REQUESTED BY THE LEWISVILLE INDEPENDENT SCHOOL DISTRICT FOR A PIECE OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF ETHRIDGE DRIVE AND NORTH COLONY BLVD., CONSISTING OF APPROXIMATELY 11.42 ACRES. Bob van Til mentioned that the site plan was approved last year. The reason for the delay in approving the final plat was some confusion as to whether the fire line should be on an easement. And some concern as to what was installed and how it was installed. During the holidays, staff found out the answers to these questions and the equipment installed did meet the criteria the City had set up. Staff has decided the fire line should be on an easement to allow city maintenance crews to continually monitor the quality of the lines from now on. Steve Gilbreth, GMA, was in attendance. The plat is in conformance with all City requirements. As a re- sult of this, Staff recommends the Commission approve the plat as presented. With no comments or questions from the Commissioners, Member Doss made a motion to recommend approval of the final plat as requested by the Lewisville Independent School District. Member Snider seconded and the motion carried with all Members voting aye. 4. REVIEW AND CONSIDERATION OF A FINAL PLAT, SUBMITTED BY FIRST BAPTIST CHURCH OF THE COLONY, FOR A PIECE OF PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SOUTH COLONY BLVD. AND BRANCH HOLLOW, CONSISTING OF APPROXIMATELY 5.6 ACRES. Bob van Til stated that this property has never been platted before. Staff has reviewed the plat and has found that it meets all City requirements. Staff recommends the Commission approve the plat as presented. With no questions, Member Doss made a motion to approve the plat as requested by First Baptist Church of The Colony. Member Snider seconded the motion and it carried with all Members voting aye. ~ q~AGENDA'~ iTEM 95 WAS ADDED AS AN EMERGENCY AGENDA ITEM. 5. REVIEW AND CONSIDERATION OF A SITE PLAN AS REQUESTED BY FIRST BAPTIST CHURCH OF THE COLONY, FOR THE EXPANSION OF THE CHURCH __ FACILITIES, LOCATED ON THE SOUTHEAST CORNER OF BRANCH HOLLOW AND SOUTH COLONY BLVD., CONSISTING OF APPROXIMATELY 5.6 ACRES. Bob van Til stated that the next step to further improve a piece of property is the presentation of the site plan. I want to mention these plans are a product of our new process of conceptual site plans - clear, more precise and has all the in- formation needed for presentation. During Staff review the site plan did meet every specification of the City. However, I do need to bring to light the situation of the fire hydrants. Throughout the review we have recommended that First Baptist Church install two (2) fire hydrants, one on the north side of the property and one on the southwest corner. In discussing this with the Fire Chief and representatives from First Baptist Church, we decided that it was in the best interest of the City and the church to install a fire hydrant on the southwest corner of the property to provide ample fire protection to the building. However, City Staff would like to request that the Commissio~ in its possible approval of the site plan, make a recommenda- tion to the Council, contingent that the fire hydrant on the north side of the property be installed at the time of full build out of the next phase. Those in attendance from First Baptist Church were: Bill Wilks, Pastor; Walter Gillett, Dave Surdukan and Clark Switzer, Building Committee Members; and John Peveto, CSI, Inc. __ A short discussion followed. With no further discussion or questions, Member Snider made a motion to approve the site plan as submitted by First Baptist Church, contingent on the installation of the fire hydrant on the north side of the property at the time of full build out of the next phase. Member Owens seconded the motion and the motion carried with all Members voting aye. With no further items to discuss, Member Doss made a motion to adjourn. Member Snider seconded and the motion carried. Meeting adjourned at 8:45 p.m. / ~/~J ar /~s Foster, Vice-Chairperso Kay 'Co, raise, Recording Secret y __ MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JANUARY 23, 1990 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Robert Doss Member Lewis Jue Member Agnes Foster Vice-Chairperson Billy Owens Member with Chairman Vanderburg, Members Snider and Marin absent, however, a quorum was established. Also in attendance were Councilman Weaver; Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE JANUARY 9, 1990 MEETING. Member Owens recommended that 95 in the minutes be noted as an Emergency Item. With this addition, Member Owens made a motion that the minutes be approved. Member Jue seconded and the motion carried. 2. CITIZEN INPUT None at this time. 3. WORK SESSION: POSSIBLE APPROVAL OF MINOR PLATS BY MUNICIPAL EMPLOYEES. Bob van Til stated he wanted to discuss Senate Bill 1075, which is specifically the delegation of approval of minor plats to a City employee. That, basically, when an individual, developer or appli- cant decides to plat a piece of property prior to development of the property, that plat does not have to go before the Planning & Zoning Commission of the City Council for approval. The staff mem- ber will work with the applicant and make sure the plat is in con- formance with city requirements and approve the plat and allow the individual or developer to go on with the site plans. This will cut out several weeks of appearing before the City Council and Planning & Zoning to get the plat approved and before they can sub- mit the site plan. I would like to make the distinction between a major plat and a minor plat. A minor plat is 1. Having 4 or fewer lots 2. must front on an existing street 3. not requiring the crea- tion of any new streets, and: 4. not requiring the extension of muni- cipal facilities(utilities). A major plat would be like Northpointe Phase IV; start from scratch, sub-divide the property into 100 or 200 lots, requires utility installation, drainage, etc. The major plat would not fall within the realm of approval of the staff. Member Doss asked if we are talking about residential only? Bob van Til stated, no, we are talking both non-residential and residential. You know sub-division plats divide a previously un- sub-divided property in 2 or more lots that can be done in both non- residential as well as residential lots. Also it would include the replatting of property. Replatting of residential lots require a Public Hearing: a staff level approval of a minor plat does not apply. Page 2 787 Vice-Chairperson Foster stated she has some concern about the Bill. I am really a person for Public Hearings, irregardless of how small or how big because I may not be the person living next door to ~ those lots, so it's easy for me to say it is ok, it is small but it may not be that minor. Bob van Til stated through the residential replatting there is always going to be a Public Hearing. If somebodY wants to replat a residential lot, it automatically goes through the Public Hearing process. Platting a piece of property that has previously never been platted residential or non-residential uses will not require a Public Hearing. Member Doss asked, You are talking non-residential uses, though, how large are the lots? Bob van Til stated the Senate Bill does not specify the size of the lots, that it is up to each individual municipality to, if they want to, set a size on the lots. I talked to other cities: Plano, Denton, Farmers Branch, Lewisville, and Carrollton. I re- ceived a City Council Agenda from Plano and they are considering this particular item before Council. They do have some require- ments they have attached to this minor plat approval. The minor plat has to be 4 lots or less, no utilities to be extended, 2 or more lots where all are greater than or equal to five acres and zoned agricultural; 2 or more lots where all are equal to or greater than 6,000 square feet, zoned Single Family; and 2 or more lots where all parts are equal to or greater than 20 acres irre- gardless of zoning or location. ~ Member Owens stated, There has to be a Public Hearing if you are going to replat a residential area. It says here in Bill 1075 "is an act related to the authority and procedures for approving the revision of a sub-division plat that is already platted", yet, you are also saying a minor plat can be changed if it is 4 or fewer lots, that have already been platted can be changed with- out a Public Hearing. Bob van Til stated you have to make a distinction between a res- idential replatting and a non-residential replatting. Member Owens stated you are saying sub-division instead of resi- dential, sub-division is the key word. It is a revision of the entire plat in one little area, instead of one little area in a little area? Bob van Til stated, that's true too, you are right there too. If you take a residential sub-division for instance Northpointe Phase IV. An individual comes along and wants to replat lots and make them larger, say change 6 lots to 3. Replatting within a residen- tial sub-division requires a Public Hearing. We notify everyone within 200 feet to come to a Public Hearing and to Council, just like a zoning change. Member Doss asked, Is the Public Hearing required as per this Senate Bill 10757 Bob van Til stated, Yes, in Chapter 212, the whole chapter per- tains to the approval of the plats and the replatting of certain sub-divisions and in this particular Senate Bill which is 1075, passed in the last legislative session, will afford certain muni- cipalities the right to give staff members the ability to approve plats whether these are replats or not, as long as they are 4 lots or less, fronting on a street, and have utilities. Page 3 7 ~ ~ Member Owens said, As long as they are 4 lots or less, then you don't have to have a Public Hearing? If more than 4 lots into 2 instead of 6 into 3. As long as under 4 lots to replat. Bob van Til answered, right, any plat whether residential or non- residential as longas it is 4 lots or less. It can only take staff level approval, if it requires expansion of streets, utilities, obviously negates the power of staff. Member Doss asked But a replat requires a Public Hearing? Bob van Til answered, A replat of a residential sub-division. Member Doss asked, But replatting of a non-residential does not require a Public Hearing? Is that per Senate Bill 1075 or is that what is happening currently? Bob van Til said that is what passed in 1987, required to have a Public Hearing in replatting a residential area. Member Doss asked, But not a non-residential? Bob van Til replied, Right, if you have a piece of vacant property, if you remember next to Lakeway Baptist Church on N. Colony and Ethridge, what happened with the church. Fox and Jacobs said we would like to develop 6 lots down the front of N. Colony Blvd. So consequently, they had a small plat with 6 lots. Let's say that particular sub-division, if they divided the land into 4 lots and did not have to put any streets, or utilities. That would be an example of a plat that could be approved at the staff level. You can take that plat, say it meets all the criteria, it's approved, send it to the mayor and get it signed. It circumvents the entire process that goes on. Member Owens said, except there are 6 lots. Bob van Til replied, in reality, could not do it. Member Doss asked, if you replatted 6 lots instead of 4, if you have 6 lots to start with? Bob van Til stated it puts it out of staff domain. Using this par- ticular development as an example, let's say it was 4 instead of 6. That way we could approve it at staff level. That is an example of a plat that requires no streets, utilities, is 4 lots or less, re- gardless of size. Member Doss asked, what is the fee? Even if they change from 4 to 3 lots that would be a replat right? Bob van Til answered correct. Member Doss asked if that would require a Public Hearing? Bob van Til stated that it would. Primarily because that particular sub-division had been designated Single Family for 5 years or more, then you would have to have a Public Hearing. Member Doss asked, are we talking more along the lines of new land? Bob van Til answered, yes, if for instance an individual wanted to plat a piece of property on 423 - he provides us with a plat, has 1 lot, does not have to install a street or utilities, that plat can be approved at staff level. Member Doss asked what is the fee? Bob van Til stated a standing fee. Page 4 Member Doss asked would the fee be the same if the plat was brought before Planning and Zoning? Bob van Til answered yes. Member Doss asked, then there is no advantage for a developer to plat 4 lots at a time? Bob van Til stated, not from a monetary standpoint, from a time standpoint. That is where the very basis of our justification for bringing this bill to you and this process we can take advan- tage of, to expedite approval of plats. Member Doss asked, so you are saying that Fox & Jacobs could have a new sub-division that has not been platted and plat it 4 lots at a time, without having to come to us or Council, say 100 acres? Bob van Til said, it is talking about revisions as well as replats. Consider, sure, Fox & Jacobs could start platting sub-divisions 4 lots at a time, however, i.~,seems,, unusual primarily because util- ities have to extended, streets have to be provided as well. You can pay your fees and struggle through the process, if you like, for a loss of time. You still have to go through the process to make the project cost effective. Vice-Chairperson Foster stated, taking the worst of all cases, con- sidering the economic climate that has been here and is still here, what would stop Fox & Jacobs from selling off 4 lots at a time? Bob van Til stated there is a difference between the sale of pro- perty that is not platted formerly with the city plat. They can sell off tracts of property anytime they want to, it is not with- in our domain, nothing outside %he impact on taxes. Nothing we can do about that. The very justification of bringing this Bill to the Commissioners is to speed up the process, the longer you tie up a developer in front of the Commission and Council, the longer it takes to put something in the ground. Vice-Chairperson Foster said but at the same time, you have to consider the people who already have an investment with something in the ground. Just because you are speeding up the process, doesn't necessarily make it right. Just because you want the Public Hearing process eliminated, it is a cost savings, I'm not opposed to the cost saving process. I happen to think that it is not going to hurt them that bad. You are saying, it's like they want to build tomorrow, I don't think so Bob. Bob van Til replied, No, I can't say they would build tomorrow, I can't even speculate on anything like that. What I wrote in the memo is incorrect, we do not eliminate the Public Hearing process. When you replat a residential sub-division, you are mandated by State Law, just like you are by zoning cases. We don't eliminate any Public Hearing process when they replat a residential sub- division. Vice-Chairperson Foster asked and you are not limited by the lot sizes, unless specified? Bob van Til answered correct. Rest assured any residential area in the City of The Colony that has been platted formerly, if any- one was ~to come by and purchase 8 homes or 8 lots, and have plans of knocking them down and building, for instance, an apartment complex, it would require a Public Hearing. Folks around must be notified and given the opportunity to protest or support that de- Page 5 7 ~ 0 velopment before the Planning and Zoning Commissioners. If there is a vacant piece of property anywhere, and someone decides to build X amount of acres of Business Park or Multi-Family or what- ever, if it was less than 4 lots, it doesn't require a Public Hearing. We are not going to eliminate any kind of Public Hearing. Member Owens asked what is the purpose of this thing? Bob van Til answered, Well, the purpose is that it expedites the plat approval process. Vice-Chairperson Foster stated, the city was recently rezoned last year. We did a Master Plan. I want to refresh my memory with the new Master Plan, what is set out to be where. I do have a major concern with it Bob. Don't you think that sometimes things are overlooked and mistakes can happen, that is what I see right now. Bob van Til replied, If I may just read the Bill to you, Section 212.0065 is a delegation of approval responsibility and is added by the action of the 1989, 71st Legislative, rewritten 345th Chapter ~section effective Aug. 28, 1989. A municipality may delegate the ability to approve minor plats involving 4 or fewer lots, fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities to an employee of the municipality. We can delegate the ability to approve minor plats to an employee of the municipality. The designated employee may for any reason elect to present the plat to the Municipal Planning and Zoning Commission or governing body or both to approve the plat. Member Doss asked, In that case there, would you have to have a Public Hearing? Bob van Til said no. The desigated employee may for any reason elect to present the plat to the municipal Planning and Zoning Commission. The employee shall not disapprove a plat. And shall be required to refer any plat which he refused to approve to the Planning & Zoning Commission within the time specified. An employee of the city cannot disapprove a plat. We are talking about a plat. The act talks about authority and the procedures for approving of a sub-di- vision plat. Member Owens said, I think there is a very limited use for it. (minor plat approval) Bob van Til said, I agree, I think there is a limited use, that is really the strength of the bill. I think that if it was a very broad use, we would not be considering it, it would violate some tenants of Texas Law. It would give us too much leeway. With this particular bill it says specifically what you can and what you cannot do. It doesn't allow us to do away with the Public Hearing. We are regulated by law, if we don't have a Public Hearing, it negates the legality of the proceedings. Member Doss asked, If any discrepancies in the site plan are found, are they taken care of at staff level? Bob van Til replied, They generally always are, yes, if they are minor discrepancies. But if it is a major discrepancy, we bring it back to the Commission due to a site plan error. Member Doss said, Actually that was not my question. What my question was is, if there is any change in the first time plat, if you find any discrepancies, do you change those at staff level? Page 6 Bob van Til answered, Yes, it has to meet all criteria. The whole idea is based on taking the first step in regard to platting which is a formality in essence which a municipality goes through to record the boundaries of the property at the County and to keep good tax records, etc. Take and expedite that process. Member Doss asked, this will be an amendment to the ordinance, correct? Bob van Til stated, yes, an amendment to the sub-division ordinance, Sub-Section 8-101 will be an additional set of requirements on the sub-division ordinance. A short discussion followed. With no further items to discuss, Member Doss made a motion to adjourn. Member Owens seconded and the motion carried. Meeting adjourned 8:49 p.m. ~~es Foster, Vice-Chairperso Kay Co~les, Recording Secret y__ 793 MI~--gTES OF THE PI~k~INGA~D ZONING CO~ISSION OF THE CITY OF THE COLONY HELD ON FEBRUARY 27, 1990 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Billy Owens Member Lewis Jue Member Robert Doss Member Roy Marin Member Agnes Foster Vice-Chairperson Dewayne Snider Member a quorum was established. Also in attendance were Councilman Manning; Councilman Weaver; Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE JANUARY 23, 1990 MEETING. With no corrections, Member Doss made a motion that the minutes be approved. Member Snider seconded and the motion carried. 2. CITIZEN INPUT. Councilman Weaver mentioned that Bill Hall went to Austin today to see about getting the grant for putting sewer lines in Eastvale. Councilman Manning introduced himself to the Commissioners as the new City Council liaison for Planning & Zoning. 3. PUBLIC HEARING, AS REQUESTED BY THE CITY OF THE COLONY, TEXAS, TO AMEND APPENDIX B - SUB-DIVISIONS OF THE CODE OF ORDINANCES RELATING TO THE APPROVAL OF MINOR PLATS. Member Doss made a motion to open the Public Hearing. Member Marin seconded and the motion carried. Bob van Til made a short presentation on Minor Plat Approval. Staff is proposing an amendment to The Colony's Sub-division Code - Appen- dix B. The amendment relates specifically to delegating approval of minor plats to city personnel. Senate Bill 1075 has defined a minor plat as: 1. a plat containing four or fewer lots, and 2. fronts on an existing street, and 3. does not require the creation of any new streets or the extension of municipal facilities. (i.e. water and sewer lines) Senate Bill 1075 was signed into law after the 1989 Legislative Session and codified to Chapter 212 of the Local Government Code. This Bill grants municipalities the authority to delegate the approval of minor plats to city employees. The Bill allows the option of presenting the plat to the Planning & Zoning Commission and the City Council if the employee elects to do so. The employee shall not dis- approve a plat. If a plat does not meet the requirements of the city, the employee must present the plat to the Commissioners for their recommendation. Obviously, the staff's recommendation would be to disapprove the plat. 734 The primary reason for considering this amendment is to expedite the overall project approval process. City staff can approve ~ a minor plat quicker because there is no time lag, waiting for the next Commissioner meeting and the City Council meeting. It also allows the applicant to present the site plan sooner for Commission and Council consideration. A secondary reason is that it will reduce the length of the Commissioner's and the Council's agendas. As the Commission agendas are not that lengthy yet, they may become that way in in the future. Certainly, the Council agendas are regularly twenty to twenty- five items or more without any items ~elated to Planning & Zoning. This amendment will reduce their agenda somewhat as well. A minor plat must not be confused with a sub-division plat, which involves many lots and the provision of public infrastructure. These plats will always come before the Commission. Or it must not be confused with a replat. A replat of residentially platted property to any number of lots must in all cases be brought before the Commission. A replat of non-residentially platted property, if the replat com- plies with the provisions of Senate Bill 1075, can be approved by City staff. If it does not, or is in violation of any other city requirements, the plat must go through the traditional approval avenues. In conclusion, the staff recommends that the city adopt the pro- posed minor plat amendment because it will expedite the project approval process and will reduce the number of agenda items both for the Commissioners as well as for Council. Member Doss asked if replatting of residential property needs to be brought before the commission and non-residential does not? Bob van Til answered the reason is that the replat of residentially platted property is required to come before Planning & Zoning for a Public Hearing, if it is residentially sub-divided prior to Public Hearing replatted. And a partial piece of property, .not residentially platted or zoned residential and meets the criteria set forth in the Minor Plat Approval Ordinance, 4 lots or less, no infrastructure, is ok for employee to approve. Member Owens asked if there is any instance where Senate Bill 1075 could be used to replat any residential area without coming to the Commission? Bob van Til replied, No. Vice-Chairperson Foster suggested that water and sewer lines be added in the Minor Plat Approval Ordinance in Section 2, paragraph 2, after municipal utilities. After further discussion, all the Members agreed to add (i.e. water,~ sewer lines, storm drainage, fire lines, roads and alleys) after municipal utilities. With no further discussion, Member Doss made a motion to close the Public Hearing. Member Snider seconded and the motion carried. 4. REVIEW AND CONSIDERATION OF A PROPOSED AMENDMENT TO APPENDIX B - SUB-DIVISIONS OF THE CODE OF ORDINANCES RELATING TO THE APPROVAL OF MINOR PLATS AS REQUESTED BY THE CITY OF THE COLONY. Member Doss made a motion to recommend that the proposed amendment be added to Appendix B - Sub-divisions of the code of Ordinances relating to the approval of minor plats as requested by the City of The Colony. Member Owens seconded and the motion carried with all Members voting aye. A short discussion followed dealing with the Chairmanship of the Commission and the Landscape Ordinance. With no further items to discuss, Member Doss made a motion to adjourn. Member Snider seconded and the motion carried. Meeting adjourned at 8:03 p.m. ./~s Foster, Vice-Chairperson Kay Corr~es, Recording Secretary 707 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MARCH 27, 1990 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Agnes Foster Vice-Chairperson Robert Doss Member Billy Owens Member Roy Marin Member Dewayne Snider Member with Member Jue absent, however, a quorum was established. Also in atten- dance were Councilman Weaver; Councilman Manning; Bob van Til, Administra- tive Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE FEBRUARY 27, 1990 MEETING. With no corrections, Member Doss made a motion that the minutes be approved. Member Marin seconded and the motion carried. 2. CITIZEN INPUT Councilman Weaver noted that the sewer for Eastvale had been approved by COG. 3. REVIEW AND CONSIDERATION OF A 6 MONTH EXTENSION TO PRESENT DEVELOPMENT PLANS ON A PLANNED DEVELOPMENT DISTRICT, CONSISTING OF APPROXIMATELY 205.2 ACRES; LOCATED WEST OF NORTH COLONY BOULEVARD AND ETHRIDGE DRIVE IN THE COLONY. Bob van Til stated that Mr. Billingsly, manager of the 205.2 acre development, could not make tonight's meeting. Mr. Billingsly has requested a postponement until April 27, 1990. There were no objections, all Members agreed to table the review. 4. DISCUSSION REGARDING THE POSITION OF THE PLANNING AND ZONING COMMISSION CHAIRMAN. Member Doss stated that it would be a good idea to wait until re- election time. All Members voted aye. 5. WORK SESSION: PROPOSED REGULATIONS RELATING TO LANDSCAPING FOR NEW BUSINESSES. Bob van Til stated that it would be a good idea to go over the land- scaping ordinance before we had a Public Hearing, so we would feel comfortable with the ordinance. Bob van Til noted some changes in the ordinance. There was a lengthy discussion. The Commissioners recommended that xeriscaping be encouraged as a design and in pre- paring landscaping plans instead of, predominately encouraged. 6. WORK SESSION: PROPOSED REGULATIONS RELATING TO THE HEIGHT RESTRIC- TIONS OF DETACHED ACCESSORY BUILDINGS. Bob van Til showed the Commissioners some pictures taken of detached accessory buildings that were excessive in height. All the Commission- ers agreed there needed to be a height limitation, but maybe different heights for garages, satellite dishes and storage sheds. The Commis- sioners would like to have another Work Session. With no further items to discuss, Member Owens made a motion to adjourn. Member Doss seconded the motion and the motion carried. Meeting adjourned at 10:23 p.m. A~e~6ster, Vice-Chairperson Kay CorFales, Recording Secretary 300 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON APRIL 10, 1990 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Robert Doss Member Agnes Foster Vice-Chairperson Dewayne Snider Member Roy Marin Member with Members Owens and Jue absent, however, a quorum was established. Also in attendance were Councilman Weaver; Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed. 1. APPROVAL OF THE MINUTES FROM THE MARCH 27, 1990 MEETING. With no corrections, Member Doss made a motion that the minutes be approved. Member Marin seconded, and the motion carried. 2. CITIZEN INPUT None at this time. 3. REVIEW AND CONSIDERATION OF A SITE PLAN SUBMITTED BY THE COUNTRY'S BEST YOGURT (TCBY), LOCATED ON THE EAST SIDE OF FM 423, 200 FEET SOUTH OF SOUTH COLONY BLVD.. The Commissioners moved this item up from Number 6. Bob van Til stated that he received the information from TCBY on Friday and he wanted the Commission to have plenty of time to look over the site plans. Bob van Til recommended that the Commission table this review to the April 24, 1990 meeting. Member Doss made a motion to table the review of TCBY until April 24, 1990. Member Snider seconded and the motion carried. 4. PUBLIC HEARING AS REQUESTED BY THE CITY OF THE COLONY TO HAVE SECTION 17-104 OF APPENDIX A-ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY AMENDED, RELATING TO THE REQUIREMENT OF LANDSCAPING. Member Doss made a motion to open the Public Hearing. Member Marin seconded and the motion carried. Bob van Til stated that the Commission discussed the ordinance to a certain degree on March 27, 1990. Bob van Til went over the ordinance section by section. A short discussion followed with no specific questions asked. With no further discussion, Member Doss made a motion to close the Public Hearing. Member Snider seconded and the motion carried. 5. REVIEW AND RECOMMENDATION OF A REQUEST MADE BY THE CITY OF THE COLONY TO HAVE SECTION 17-104 OF APPENDIX A-ZONING, OF THE CODE OF ORDINANCES AMENDED, RELATING TO THE REQUIREMENT OF LANDSCAPING. Member Snider made a motion to have Section 17-104 of Appendix A-Zoning, of the Code of Ordinances amended, relating to the re- quirement of landscaping. Member Doss seconded the motion and the motion passed with all Members voting aye. 6. WORK SESSION A. DETACHED ACCESSORY BUILDINGS After a short discussion, the Commissioners agreed to change the height limitation from 9' to 10' and to take satellites and antennas out of the list of detached accessory structures. Bob van Til stated that he would make the changes and bring back the recommendation to the Commissioners for approval. With no further items to discuss, it was unanimously motioned to adjourn the meeting. Meeting adjourned at 8:25 p.m. Agnes Foster, Vice-Chairperson Kay Co~ales~ Recording Secretary 803 ~INU~$ O~ ~E ~I~l~I~6 ~D ~O~ING CO~ISSIO~ A REGULAR SESSION of the Planning a Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Lewis Jue Member Agnes Foster Chairperson Roy Marin Member Dewayne Snider Member Robert Doss Member with Member Owens absent, however, a quorum was established. Also in attendance were Councilman Weaver; Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed. 1. APPROVAL OF THE MINUTES FROM THE APRIL 10, 1990 MEETING. With no corrections, Member Doss made a motion that the minutes be approved. Member Snider seconded, and the motion carried. 2. CITIZEN INPUT Councilman Weaver mentioned he was sorry to hear about Agnes re- signing from the Planning & Zoning Commission. 3. REVIEW AND RECOMMENDATION OF A SIX MONTH EXTENSION TO PRESENT DEVELOPMENT PLANS ON A PLANNED DEVELOPMENT DISTRICT, CONSISTING OF APPROXIMATELY 205.2 ACRES; LOCATED WEST OF ETHRIDGE DRIVE AND NORTH COLONY BLVD. IN THE COLONY, TEXAS. APPROVED JANUARY 5, 1987. Bob van Til requested that this item be postponed until Mr. Billings- ly made an appearance. The Commission agreed to postpone this item. 4. REVIEW AND RECOMMENDATION OF A FINAL PLAT AS REQUESTED BY CENTEX HOMES, INC., FOR NORTHPOINTE PHASE FOUR; CONSISTING OF 22.938 ACRES OUT OF THE D.C. BRIDGES SURVEY, ABSTRACT NO. 84; GENERALLY LOCATED NORTH OF NORTH COLONY BLVD. AND EAST OF NORTHPOINTE DRIVE IN THE COLONY, TEXAS. Bob van Til mentioned that this is the last of 4 phases located on the eastern edge of N. Colony Blvd. There were several major issues that surfaced which are related to both the preliminary plat of the addition as well as the final plats submitted since then. These issues are: screening, landscaping, sidewalks, median openings, fences, drainage and traffic. All of these issues have been pro- vided for. Both city staff and city consultants have reviewed the plans and the plat for Northpointe Phase IV. Consequently, staff recommends that the Commission make a favorable recommendation to Council. There was some discussion as to when this Phase would be finished out. And the location of a school, which would be north of the railroad track on the other side of the creek. Steve Stolte of Centex, Inc. stated that they will process a separate document to dedicate land to the city. With no more questions, Member Snider made a motion to recommend approval of a final plat as requested by Centex Homes, Inc., for Northpointe Phase Four; consisting of 22.938 acres out of the D.C. Bridges Survey, Abstract No. 84; generally located north of North Colony Blvd. and east of Northpoin%e Drive in The Colony, Texas. Member Doss seconded, and the motion carried with all Members voting aye. 3. REVIEW AND RECOMMENDATION OF A SIX MONTH EXTENSION TO PRESENT DEVELOPMENT PLANS ON A PLANNED DEVELOPMENT DISTRICT, CONSISTING OF APPROXIMATELY 205.2 ACRES; LOCATED WEST OF ETHRIDGE DRIVE AND NORTH COLONY BLVD. IN THE COLONY, TEXAS. APPROVED JANUARY 5, 1987. Mr. Billingsly stated that the owners of the property would like to maintain the present zoning. The owners intent is to build on this property, but the market is not right yet. There were no questions asked. Member Doss made a motion to allow for a 6 month extension. Member Marin seconded, and the motion carried with all Members voting aye. 5. REVIEW AND RECOMMENDATION OF A SITE PLAN AS REQUESTED BY THE COUNTRY'S BEST YOGURT SYSTEM, INC.: CONSISTING OF A .866 ACRE LOT OUT OF THE SOUTH COLONY RETAIL CENTER, LOT #3; GENERALLY LOCATED EAST OF FM 423 AND SOUTH OF SOUTH COLONY BLVD. IN THE COLONY, TEXAS. Bob van Til stated that the site plans for TCBY had been reviewed by staff. The following items were to be revised: realign the fire line on the west side of the site and ensure that the line is red, instead of yellow; provide radii on the driveway; pro- vide state approval of the driveway onto FM 423. Mr. John Wall, TCBY, stated that they had already received state approval of the driveway. There was some discussion on the circular drive through and about the fire line. With no further questions, Member Doss made a motion to recommend approval of the site plan as requested by The Country's Best Yogurt System, Inc.: consisting of a .866 acre lot out of the South Colony retail center, Lot #3; generally located east of FM 423 and south of South Colony Blvd. in The Colony, Texas. Member Marin seconded, and the motion carried with all Members voting aye. With no further business to discuss, it was unanimously motioned to adjourn the meeting. Meetin~,adjourned~ at 8:00 p.m. B~lly 80G MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MAY 15, 1990 A SPECIAL SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Lewis Jue Member Billy Owens Acting Chairman Robert Doss Member Roy Marin Member with Member Snider absent, however, a quorum was established. Also in attendance were Councilman Weaver; Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE APRIL 24, 1990 MEETING. With no corrections, Member Doss made a motion that the minutes be approved. Member Marin seconded, and the motion carried. 2. REVIEW AND RECOMMENDATION OF A SITE PLAN AS SUBMITTED BY LAKEWAY BAPTIST CHURCH FOR PHASES 2-5, LOCATED ON THE NORTHEAST CORNER OF ETHRIDGE AND NORTH COLONY BLVD.. Bob van Til stated that Lakeway Baptist Church is seeking approval of all future development on the site, phases 2-5. They will pro- vide a sidewalk along Ethridge and North Colony Blvd. due to the school being built on Ethridge. They will provide drainage plans for city review and approval prior to the construction of Phase 2. Beyond these two items, the site plan meets all the requirements. Member Doss asked if the sidewalk would be constructed prior to the opening of the new school? John Peveto, CSI, stated that it would. With no further questions, Member Doss made a motion to recommend approval of the site plan submitted by Lakeway Baptist Church for Phases 2-5, located on the northeast corner of Ethridge and North Colony Blvd., contingent that the sidewalk on Ethridge and North Colony Blvd. be constructed prior to the opening of Ethridge Ele- mentary School. Member Marin seconded and the motion carried with all Members voting aye. There was a short discussion on accessory structures. With no further business to discuss, Member Marin made a motion to adjourn. Member Jue seconded and the motion carried. Meeting adjourned at 7:45 p.m. Billy Owfns,' Acting Chairman Kay Co~rales, Recording Secretary 8O3 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MAY 22, 1990 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Billy Owens Acting Chairman Bob Doss Member Lewis Jue Member Dewayne Snider Member Roy Marin Member a quorum was established. Also in attendance were Councilman Weaver; Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE SPECIAL SESSION HELD ON MAY 15, 1990. With no corrections, Member Doss made a motion that the minutes be approved. Member Snider seconded, and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time 3. PUBLIC HEARING AS REQUESTED BY MR. LOU MARTEN, TO HAVE THE COM- PREHENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY OF THE COLONY AMENDED TO GIVE SUITE 126 AT 6700 MAIN STREET A SPECIFIC USE PERMIT FOR THE SALE OF BEER, WINE, AND LIQUOR FOR ON-PREMISE CONSUMPTION. Member Doss made a motion to open the Public Hearing, Member Snider seconded and the motion carried with all Members voting aye. Bob van Til stated that Mr. Lou Marten has requested a S.U.P. to sell beer, wine, and liquor for on-premise consumption at the old Figano's location. This activity will be incidental to the restaurant activities. Staff recommends approval. Member Doss asked if we had anymore written opinions sent in? Bob van Til stated we have received only 2:1 for; 1 against. With no further questions, Member Doss made a motion to close the Public Hearing. Member Snider seconded, and the motion carried with all Members voting aye. 4. PUBLIC HEARING AS REQUESTED BY THE CITY OF THE COLONY TO AMEND SECTION 11-700: SPECIAL AREA AND ACCESSORY BUILDING REGULATIONS OF APPENDIX A-ZONING OF THE COLONY'S CODE OF ORDINANCES, BY ADDING SUB-SECTION 11-704: HEIGHT RESTRICTIONS. Member Doss suggested that the Commission skip to item 5, the other Commissioners agreed. 5. REVIEW AND RECOMMENDATION OF A REQUEST MADE BY MR. LOU MARTEN FOR A SPECIFIC USE PERMIT FOR THE SALE OF BEER, WINE, AND LIQUOR FOR ON-PREMISE CONSUMPTION AT 6700 MAIN, SUITE 126. With no discussion, Member Doss made a recommendation for approval of the Specific Use Permit to Mr. Lou Marten for the sale of beer, 810 wine, and liquor at 6700 Main, Suite 126. ~ Member Snider seconded and the motion carried with all Members voting aye. 4. PUBLIC HEARING AS REQUESTED BY THE CITY OF THE COLONY TO AMEND SECTION 11.700: SPECIAL AREA AND ACCESSORY BUILDING REGULATIONS OF APPENDIX A-ZONING OF THE COLONY'S CODE OF ORDINANCES, BY ADDING SUB-SECTION 11-704: HEIGHT RESTRICTIONS. Member Doss made a motion to open the Public Hearing. Member Snider seconded and the motion carried with all Members voting aye. Chairman Owens asked Bob van Til how this item had originally been placed on the agenda. Bob van Til replied that the Mayor and Councilman Weaver had pointed out to him the extreme height of some accessory build- ings in The Colony and wanted him to check this out to see what could be done. We have had 2 Work Sessions dealing with acces- sory buildings. Chairman Owens stated he has no problems with the proposed amend- ment, except he would like to see garages excluded as an acces- sory building. A lengthy discussion followed as to why a garage should or should not be considered an accessory building. Bob van Til stated that we don't have aesthetic control and we are not dealing with accessory building definit~n.i,, we are just dealing with height. If the Commissioners have a problem with carports or detached carports, we need to explore excluding them from the height restriction. Member Doss made a motion to close the P~blic Hearing. Member Snider seconded and the motion carried with all Members voting aye. 6. REVIEW AND RECOMMENDATION IN REGARD TO A PROPOSED AMENDMENT TO SECTION 11-700 OF APPENDIX A-ZONING OF THE COLONY'S CODE OF ORDINANCES BY ADDING SUB-SECTION 11-7041~ HEIGHT RESTRICTIONS. Member Marin suggested that if we set a square footage limit that would take care of everything but a garage. Member Doss said but what if they wanted to build a large storage shed. There was a lengthy discussion as to setting limitations as to the height and square footage of accessory buildings and garages and how to distinguish the difference between the two. Member Doss made a motion to recommend approval of the proposed amendment to Section 11-700 of Appendix A-Zoning of The Colony's Code of Ordinances by adding Sub-Section 11-704: Height Restric- tions, is proposed to read: In the SF-4, SF-3, SF-2, SF-1, D, TH, MH, and MF-1, MF-2, MF-3, MF-4 districts, the maximum height of any detached accessory building (excluding garages) shall not exceed ten (10') feet. Member Marin seconded and the motion carried with all Members voting aye. 811 Other items discussed were: Member Doss suggested that garages be placed on an upcoming agenda. COG classes were discussed for P & Z Members. Bob van Til asked the Commissioners if they could meet on June 5. All the Commissioners said they could. There was some discussion as to when the Council would be interviewing and appointing new members on the Planning & Zoning Commission. With no further discussion, Member Doss made a motion to adjourn. Member Snider seconded and the motion carried with all Members voting aye. Meeting adjourned at 8:45 p.m Billy Ow~s,- Acting- Chairman Kay s, Recording Secretary 813 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JULY 10, 1990 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Billy Owens Acting Chairman Bob Doss Member Lewis Jue Member Dewayne Snider Member a quorum was established. Also in attendance were Bob van Til, Ad- ministrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON MAY 22, 1990. With no corrections, Member Doss made a motion that the minutes be approved. Member Snider seconded, and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. REVIEW AND CONSIDERATION OF A SIX MONTH EXTENSION FOR A PLANNED DEVELOPMENT DISTRICT ON WYNNWOOD PENINSULA, GENERALLY LOCATED WEST OF FM 423 AND SOUTH OF BOYD ROAD. Bob van Til stated that the property had been annexed in Decem- ber, 1989. The conceptual plan was presented at that time. The property was zoned at the same time it was annexed. The concep- tual plan shows PD, MF, club house, resort lodging and both a public and private golf course. There are 2 methods for applying for a Planned Development: one is, to submit a conceptual plan, a site analysis and a program statement; 2nd option is to bypass those 3 requirements and go directly to the development plan and preliminary plat. When this Planned Development was pre- sented, they opted for the 1st method and wanted to wait until a later date to present the development plans and the prelimin- ary plats. Under this option the applicant, Mr. Baines, who is with us tonight, has 6 months to present the development plans and the preliminary plat to the city. This is not the case, as is the case this time, the Planning & Zoning Commissioners will have an opportunity to speak with the owner of the property and consider giving them a 6 month extension, in presenting these development plans and preliminary plats as required by Section 10-671. Our staff's recommendation is to approve a 6 month ex- tension for the Planned Development District on Wynnwood Penin- sula. Mr. Tom Baines, Strief Capital Corp., stated they were moving ahead as quickly as they could; it takes time to get all the financing and plans together. Before we can put a plat to- gether, we need to know the route of the golf course. That has so much to do with the way the whole thing will be layed out. This certainly won't change the zoning or the way the plat was all put together, but it might change the platting, so we can't do the plat without knowing about the golf course. The golf is preceding everything else and the golf is dragging on, in terms of trying to put that together. Bill Hall has had a meeting with the 2nd golf group, who is highly interested in this also. At this point there are really 2 groups interested in the golf course. We are hoping one of these will sign a letter of intent with the city. Member Snider asked had anything been done to the land? Mr. Baines stated that nothing has been done yet. A lot of builders have been contacted besides Fox & Jacobs. Member Snider asked what would happen if the golf doesn't come? Mr Baines stated that it would affect the development somewhat. But it would be developed without the golf course. A short discussion followed. With no further questions, Member Doss made a motion to approve the six month extension for a Planned Development District on Wynnwood Peninsula, generally located west of FM 423 and south of Boyd Road. Member Snider seconded the motion. The motion carried with all Members voting aye. With no further discussion, Member Doss made a motion to adjourn. Member Jue seconded and the motion carried with all Members voting aye. Meeting adjourned at 7:50 p.m. ~ Acting unalrman Kay Secretary B~lly O~ns C~rr~es, Recording MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JULY 24, 1990 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Billy Owens Acting Chairman Robert Wilson Member Bob Salerno Member Carol Chabinak-Ball Member Lewis Jue Member with Members Doss and O'Neill absent, however, a quorum was established. (Member Chabinak-Ball has not been sworn in as of yet, but will join in the conversations, but will abstain from voting.) Also in attendance were Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON JULY 10, 1990. With no corrections, Member Jue made a motion that the minutes be approved. Member Salerno seconded, and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. PUBLIC HEARING AS REQUESTED BY MR. STREET, TO HAVE THE COMPREHEN- SIVE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY OF THE COLONY AMENDED TO GIVE A SPECIFIC USE PERMIT IN A GENERAL RETAIL DISTRICT FOR THE SALE AND SERVICE OF BOATS WITH OUTSIDE DISPLAY AS DESCRIBED BY DEFINITION 192 OF SECTION 10-200, APPENDIX A-ZONING, LOCATED AT 7204 MAIN STREET. Member Jue made a motion to open the Public Hearing, Member Salerno seconded and the motion carried with all Members voting aye. Bob van Til stated that he had sent out 27 notices of the zoning change and had received 5, all in favor. There was some discussion as to whether the parking area would take away any parking spaces from Oasis Liquor. Bob van Til stated that the parking for the liquor store is in the front and the only problem would be delivery trucks would have to come to the front. He feels there will be ample room. Member Chabinak-Ball asked how many boats would be displayed. Mr. Street replied, no more than 2 outside. Member Salerno asked if the boats would be new or used. Mr. Street stated both new and used. Member Owens was concerned about 2 air conditioning units and if they were on the property. Mr. Street stated, no, they are on adjacent lots, I haven't had the survey done yet, there is a steel post there protecting the units. Member Jue wanted to know if the emphasis would be mostly on new boat sales or repair. Mr. Street stated they would have a tackle shop also, and hope- fully the tackle shop and the sale of new boats would be the main emphasis. A short discussion followed. With no further questions, Member Salerno made a motion to close the Public Hearing. Member Jue seconded and the motion carried with all Members voting aye. 4. REVIEW AND RECOMMENDATION OF A REQUEST BY MR. STREET FOR A SPECI- FIC USE PERMIT FOR THE SALE AND SERVICE OF BOATS WITH OUTSIDE DISPLAY IN A GENERAL RETAIL DISTRICT, LOCATED AT 7204 MAIN STREET, THE COLONY, TEXAS. Member Salerno made a motion to approve the request by Mr. Street for a Specific Use Permit in a General Retail District for the sale and service of boats with outside display as described by definition 192 of Section 10-200, Appendix A-Zoning, located at 7204 Main Street. Member Jue seconded the motion and the motion carried with all Members voting aye. 5. WELCOME AND INTRODUCTIONS OF THE NEWLY APPOINTED PLANNING AND ZONING COMMISSIONERS. Members Wilson, Salerno and Chabinak-Ball introduced themselves to the Commissioners. With no further discussion Member Jue made a motion to adjourn, Mem- ber Wilson seconded the motion and the motion carried with all Mem- bers voting aye. Meeting adjourned at 7:55 p.m. Bil~ly Owen~ Ac%ing Cha-irman Kay Corr~s, Recording Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON AUGUST 28, 1990 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Robert Wilson' Member Billy Owens Acting Chairman Timothy O'Neill Member Robert Doss Member Bob Salerno Member Lewis Jue Member Carol Chabinak-Ball Member a quorum was established with all Members present. Also in attendance were Bill Hall, City Manager; Bill Manning, Mayor; Lou Gomez, City Councilman; Tommy Turner, Director of Public Works; Bob van Til, Adminis- trative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON AUGUST 28, 1990. With no corrections, Member Salerno made a motion that the minutes be approved. Member Chabinak-Ball seconded, and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. PUBLIC HEARING AS REQUESTED BY'FOOD LION, INC. TO HAVE THE COMPRE- HENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY OF THE COLONY AMENDED SO AS TO GIVE A PARCEL OF LAND, GENERALLY LOCATED ON THE NORTH EAST CORNER OF FM 423 AND NORTH COLONY BLVD., CONTAIN- ING 4.127 ACRES, A SPECIFIC USE PERMIT IN A GENERAL RETAIL DISTRICT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION. Member Chabinak-Ball made a motion to-open the Public Hearing and Member Salerno seconded, the motion carried with all Members vot- ing aye. Bob van Til stated that Food Lion is proposing to build a grocery store on the north east corner of FM 423 and North Colony Blvd. In the process of building, they ultimately requested a Specific Use Permit to sell beer and wine. In regard to the recent changes to the alcohol beverage sales ordinance, they do come in compliance with these regulations. Consequently, our recommendation is in favor of the Specific Use Permit. We sent out 27 notices to residents within 200 feet of the proposed building(property). We received 5 notices; 4 against and 1 in favor. The 4 against were primarily landowners and residents on Chowning Circle. I will summarize their reasons for being against the Specific Use Permit: 1. establishments in the area sell beer and wine and there are too many places in the city that sell beer and wine; 2. incidences of gang problems; 3. possibility of beer be- ing sold to minors. The 1 in favor noted that he would not benefit from the activity on the corner. Page 2 of 6 Member Owens asked if there had to be a cetain distance be- tween establishments selling liquor? __ Bob van Til stated no, there is no distance required between food stores. Ms Shaw 4713 Chowning Circle I live on Chowning Circle and I am not against the Specific Use Permit just for the reasons already given. There are so many in our area that have kids hanging out on or near their property. Member Salerno asked if there were kids in the vacant field. Ms Shaw answered yes, 2-3 times a week. Member Doss stated that if Food Lion was built there would that not deter kids from hanging out? Ms Shaw said no, the city has no such law against loitering. They are allowed to hang out at Winn Dixie and that would occur if Food Lion builds their store. The traffic is unbelievable now, what will it be like if they build their store. We are all against it, these are just a few of the reasons why. Eddie Joe Geiger 4761 Wagner Drive I do not have a personal feeling against Food Lion, but I feel we do not need another business contributing to all the trash, cans, and broken bottles. My alley, front yard and street have trash, cans, and broken bottles and I am tired of cleaning it up. Member Doss asked if he was referring to the sale of beer and wine? Mr. Geiger stated that even Coca-Cola bottles. Member Owens made a statement that the Planning & Zoning Commis- sion's responsibility is to try and take care of the health, safety and welfare of the community. Health: not giving a recommendation to the City Council by allowing a business to come in would be detrimental to the community. Safety: not allowing anything to be built there would also be detrimental to the community. Wel- fare: trying to keep the moral standards of the community. As the Planning & Zoning Commission, the moral aspects of selling beer and wine, we are not allowed to deal with, it would be detri- mental to the community by going against an ordinance. Planning & Zoning Commission deals with ordinances more than a moral aspect and to put personal opinion in, we can not do that. For anyone here to make a recommendation based on personal feelings, is not allowed, but we make recommendations based on facts of what will happen and facts about ordinances. My suggestion to you is to go to the City Council Meeting. Mr. Geiger stated that surely you have some moral judgements. Member Owens stated that the Commissions moral obligation is to the community and not to individuals. Our objective opinions are based on ordinances, statutes and state laws, not on personal opinions. '~ A short discussion followed. Page 3 of 6 ~i Bill Hall 4941 Strickland I am a non voting city staff member and I am here tonight just as a resident. For quite some time the most important aspect for the city has been 'to provide economic growth for the city. We have long been known as a residential community. The city and every resident has gone out of the way to bring new develop- ment to the city. I feel Food Lion is making a major move to the North Texas area. This would be a major stride for our city, since it would be one of the first stores in our area. Being one of the first stores it will attract people from surrounding communi- ties to try a new product. The size and location of Food Lion will be a major enhancement to the city. The concept of this particular developer is to provide equal or better products and service. By doing so, will bring people to the city. The other portion is to address the Specific Use Permit for the sale of beer and win~- My understanding of .the city's ordinances and the city's codes is that the city is wet and the sale of alcoholic beverages is authorized. Primarily a Specific Use Permit determines whether or not the sale of beer and wine in an area is beneficial. I realize that in that area there is a 7-11, a liquor store, a fam- ily restaurant that does sell alcoholic beverages and also Winn Dixie across the street that sells beer and wine. Being a resi- dent and my job sometimes ending late at night, I patronize these stores and I have not noticed any problems caused by the stores presently there. Bill Manning #2 James Circle I would like to speak in favor of Food Lion and echo Mr. Hall's remarks. I would like for each of you to give very serious con- sideration of the fact that for many, many years this city has been without economic development. Something we need to very strongly work together toward, because without this type of en- terprise coming into our city, we are going to continue to face the same problems we do today, with high taxation, high water and sewer rates, etc. These are some of the issues that face the city right now. And without this type of facility coming in, we are going to continue facing these problems. And they are likely to get worse before they get better. So I encourage you to support this. Consider as far as the Specific Use Per- mit is concerned, if it is denied to Food Lion, while all the rest of the grocery stores are permitted to sell these products, you are giving them an unfair advantage over Food Lion. So, I think you need to bear that in mind as you make your decisions. Lou Gomez 5081 Shannon Although I am a City elected official, I am here tonight as a citizen of The Colony. I firmly believe, based on past history of other businesses trying to locate on this property, that if a shoe store was going up, that the perception by certain citizens would be that it would cause problems. I urge you to look at the laws, state statutes, and ordinances we have in place and make your decision based on law and fact rather than on the whims of a few, who may not agree with what I perceive to be something good for the city. We do need to consider the good of the city in all of this. Thank you. Page 4 of 6 Member Jue asked, if you are not able to sell beer & win~ what effect will this have on your gross sales? Rice Williams Artec Design Group I can't give you those kind of numbers, no one is available tonight with those facts. Food Lion has a competitive nature and is only asking to be on equal terms as the other grocery stores. They have very low prices and can beat the compe- tition. There was some discussion as to the size of Food Lion. Mr. Williams stated it would be small compared to the competition. Food Lion is sensitive to the citizens concern. We are looking for an adequately zoned area and are asking they be allowed to sell beer and wine and comply with your zoning ordinances. Member Jue asked Bob van Til why the request for the Specific Use Permit was on the agenda first? Is this because if they don't get the Specific Use Permit they have no desire to come here? Bob van Til replied, no, it is procedure to take care of zoning first. A short discussion followed. Member Chabinak-Ball made a motion to close the Public Hearing. Member Wilson seconded and the motion carried with all Members voting aye. 4. REVIEW AND RECOMMENDATION OF A REQUEST MADE BY FOOD LION, INC. FOR A SPECIFIC USE PERMIT. FOR THE SALE OF BEER AND WINE FOR OFF- PREMISE CONSUMPTION. Member Doss made a general statement that he was in favor of the Specific Use Permit and to deny Food Lion the Specific Use Per- mit they have requested, would restrict fair competition in the area. Member Salerno stated that he agreed with Member Doss's statement. Member Chabinak-Ball made a motion to recommend approval of the Specific Use Permit requested by Food Lion for the sale of beer and wine for off-premise consumption. Member O'Neill seconded. All Members voted aye with the exception of Member Doss who ab- stained. 5. REVIEW AND RECOMMENDATION OF A SITE PLAN AS SUBMITTED BY FOOD LION, INC. FOR A 4.127 ACRE SITE LOCATED ON THE NORTH EAST CORNER OF FM 423 AND NORTH COLONY BLVD., ZONED GENERAL RETAIL. Bob van Til went down the site plan list for Food Lion. The list included zoning, area regulations, height regulations, parking requirements, signs, landscaping and screening. Member Wilson questioned about the height of the screening wall and the type of material that will be used. Page 5 of 6 Mr. Williams stated that there are several different types of materials used, but we normally use brick crete, similiar to brick caste. Requires little maintenance and is stable, looks great. Our intent is to meet zoning ordinances. Our building is split face, pre-colored, the same as Winn Dixie. Member O'Neill was concerned with the landscaping and asked how this would be done, since there is no ordinance. Mr. Williams stated that due to all the parking, they really had to streamline and as far as Food Lion goes they don't go over- board on site amenities. There will be grassy areas outside. Member Chabinak-Ball inquired as to what they were going to do with Lot 1. Mr. Williams stated that they will eventually sub-divide it and sell it. Member Doss stated that the future median break is not in exis- tence as of yet. How much further in the future will this be put in? Bob van Til replied that it will be put in when FM 423 is ex- panded to 4 lanes, should be the middle of next year. There was a discussion on drainage from Food Lion. Most will go through the existing drainage flume(north of the property). There will be a basin(detention) in the back of Food Lion for excess drainage, which will hold about 3 1/2 feet. Member Salerno asked if the alley would have to be moved behind Chowning Circle? Bob van Til showed the COmmissioners on the map how the current alley goes behind the homes on Chowning Circle. He informed them how the city had abandoned the alley and the alley does not received any city maintenance. When Lot 1 is sold, the alley will be destroyed and the trash trucks will have to pick up in front of two homes. Mr. Hall, myself and several other staff members have come up with a preliminary recommendation for your consideration. To take the property which is currently the alleyway and deed it back to the homeowners - destroy the alleyway and replace the fence on property lines. The city would be responsible~ for tearing out the alleyway and replacing the fence. Ms Shaw voiced her opinion that the city tried to do this when Braums wanted to come here, her answer was no then, and it is no now. Member Chabinak-Ball stated that she did not feel the Commissioners could come up with an equitable solution for Ms Shaw, but for the city to give a resident 720 square feet is a good trade off. A short discussion followed. Member Doss made a general statement that he concurs with what we have been talking about, and he is in favor of extending the property of the two residents and have front trash pick-up. Member Chabinak-Ball made a motion that we recommend to the City Council approval of the site plan submitted by Food Lion, Inc. for a 4.127 acre site located on the north east corner of FM 423 Page 6 of 6 and North Colony Blvd., zoned General Retail and that the city deed back the alleyway to the residents and the city remove the alley and places a fence on the property line. Member Salerno seconded and the motion carried with all Members voting aye with the exception of Member Doss who abstained. 6. GENERAL DISCUSSION: a. Chairman Bob van Til requested that the Commissioners be thinking of who to nominate for the positions of Chairman and Vice- Chairman. b. Joint meeting with all other boards Bob van Til informed the Commissioners of a meeting this Thursday night at 7:00 .p.m. with Patti Hicks. The rules and regulations will be gone over and also guidelines of how to govern our behavior(as commission members). With no further business to discuss, Member Salerno made a motion to adjourn, Member Jue seconded and the motion carried with all Members voting aye. Meeting adjourned at 8:51 p.m. Billy ~ens, Acting Chair~ Kay Corr~es, Recording Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON SEPTEMBER 11, 1990 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Robert Doss Acting Chairman Carol Chabinak-Ball Member Timothy O'Neill Member Lewis Jue Member with Members Billy Owens, Robert Wilson and Bob Salerno absent, how- ever, a quorum was established. Also in attendance were Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON AUGUST 28, 1990. With no corrections, Member Chabinak-Ballmade a motion that the minutes be approved. Member Jue seconded, and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. PUBLIC HEARING, AS REQUESTED BY MR. HOPSON, TO HAVE THE COMPREHEN- SIVE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY OF THE COLONY AMENDED SO AS TO GIVE A PARCEL OF LAND GENERALLY LOCATED ON THE NORTH EAST CORNER OF FM 423 AND OVERLAKE DRIVE, A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION IN A NEIGHBORHOOD SERVICES DISTRICT. Member Chabinak-Ball made a motion to open the Public Hearing. The motion was seconded by Member O'Neill. Bob van Til stated that Mr. Hopson had applied for a Specific Use Permit in conjunction with opening the old Texaco station on the north side of town. Along with the basic services of a convenience store and gasoline sales, he would also like to sell beer and wine. We sent notices to residents within 200 feet of this property, as to date, we have received one in favor. With no furt~her comments or questions, Member Chabinak-Ball made a motion to close the Public Hearing. Member O'Neill seconded and the motion carried with all Members voting aye. 4. REVIEW AND RECOMMENDATION OF A REQUEST BY MR. HOPSON FOR A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION. With no further questions, Member Chabinak-Ball made a motion to approve the request by Mr. Hopson, to have the Comprehensive Zoning Ordinance and the Zoning Map of the city of The Colony amended so as to give a parcel of land generally located on the north east corner of FM 423 and Overlake Drive, a Specific Use Permit for the sale of beer and wine for off-premise consumption in a Neighborhood Services District. Member O'Neill seconded the motion and the motion carried with all Members voting aye. 5. PUBLIC HEARING, AS REQUESTED BY MR. HOPSON, TO HAVE THE COMPRE- HENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY OF THE COLONY AMENDED SO AS TO GIVE A PARCEL OF LAND A ZONING CHANGE TO LIGHT COMMERCIAL DISTRICT FROM NEIGHBORHOOD SERVICES. THIS PROPERTY BEING BLOCK 4, LOTS 1, 2, 3, GARZA-LAKE ESTATES ADDI- TION, GENERALLY LOCATED ON THE NORTH EAST CORNER OF FM 423 AND OVERLAKE DRIVE. Member Chabinak-Ball made a motion to open the Public Hearing and Member Jue seconded. The motion carried with all Members voting aye. Bob van Til stated that the second step for Mr. Hopson is to request the property be rezoned from Neighborhood Services to Light Commercial. The primary reason for doing this is it will put Mr. Hopson in compliance with the building codes. Speci- fically talking about the codes relating to fire protection. If the property remains zoned Neighborhood Services the establish- ment would be required to be sprinkled throughout. The contrac- tor found out the city had a 2" water line service to the build- ing, this does not provide enough water pressure to sprinkle throughout the building. The remedy for the problem is to re- zone the property to another category, which would provide the same fire protection in a different way. We discussed different categories and decided on Light Commercial. This would require that the building be protected by fire retardant materials(type II N construction). This would eleviate the necessity to use the water line for a sprinkler system. Member Doss asked for more information about the II N construc- tion. David Rolbiecki, Inspections Dept., stated that one type is to place fire resistant sheets ~.~a~ound the building(similar to sheetrock), another way is to spray with fire resistant foam. A short discussion followed. With no further questions or comments, Member Chabinak-Ball made a motion to close the Public Hearing. Member O'Neill seconded and the motion carried with all Members voting aye. 6. REVIEW AND RECOMMENDATION OF A REQUEST MADE BY MR, HOPSON FOR A RE-ZONING OF A PARCEL OF LAND FROM NEIGHBORHOOD SERVICES TO LIGHT COMMERCIAL ZONING. With no further questions, Member Chabinak-Ball made a motion to recommend approval of the request made by Mr. Hopson for a re- zoning of a parcel of land from Neighborhood Services to Light Commercial Zoning. Member O'Neill seconded and the motion carried with all Members voting aye. 7. ELECTION OF CHAIRMAN AND VICE-CHAI~LAN. Member Doss made a recommendation to table this item until all the Commissioners can be present. All Members voted aye. 8. GENERAL DISCUSSION a. Master Plan Roosevelt Johnson asked the Commissioners to come up with an overall comprehensive map of what is envisioned by the City for the future. We hear conversations and make decisions on what we hear. We would like to know what direction the City is headed. A discussion followed. Bob van Til stated that the Legislature mandates us on the struc- ture of the Master Plan. We follow their guidelines. We will update the Master Plan in 1991-92. I have a copy of our current Master Plan and will be glad to get you a copy. A small discussion followed. With no further discussion, Member Chabinak-Ball made a motion to adjourn, with Member Jue seconding and all Members voting aye. Meeting adjourned 8:23 p.m. Robert Doss, ~cting Chairman Kay 'Cor~es, Recording Secretary 830 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON SEPTEMBER 25, 1990 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Robert Wilson Member Robert Doss Member Billy Owens Acting Chairman Timothy O'Neill Member Carol Chabinak-Ball Member Lewis Jue Member with Member Salerno absent, however, a quorum was established. Also in attendance were Derek Earle, Fox & Jacobs, Centex; Bob van Til, Ad- ministrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON SEPTEMBER 11, 1990. With no corrections, Member Doss made a motion that the minutes be approved. Member Wilson seconded, and the motion carried with all Members voting aye. 2. CITIZEN INPUT Mr. Dick Weaver 4940 Hackney Mr. Weaver wanted to know if the Commissioners ever got to hear what happened to recommendations they made to the City Council? Shouldn't something a little more formal be done about the results of the Planning & Zoning Commissioners recommendations after going to the City Council? Bob van Til stated that he has never been asked to bring anything back to the Commissioners and if they ever want information, they could call him. After a short discussion, it was decided that Bob van Til will make an item on the agenda as to the results of recommendations sent to the City Council. 3. REVIEW AND DISCUSSION OF GUIDELINES FOR BOARDS AND COMMISSIONS Bob van Til wanted to let the Commissioners know that Section X had been deleted by the City Council on September 17, 1990. This dealt primarily with Members of City Boards having to resign when running for public office. This does not fall under the same realm as a City Council member running for public office, as he would have to resign. 4. REVIEW AND DISCUSSION OF GENERAL PROCEDURES AND DUTIES OF THE COMMISSION. Bob van Til stated that when the Commissioners were first appointed, we talked about having workshops dealing with the guidelines at the State, Federal, and local level about regulations pertaining to the Commissioners as to what they were responsible for. We will begin these workshops to go through some things you will be facing. Consequently, the first one I have planned will be duties and responsibilities. A discussion followed on the duties and responsibilities of the Planning & Zoning Commissioners. 5. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN. Acting Chairman Owens nominated Member Doss for Chairman, he was declared Chairman by acclamation. Chairman Doss nominated Member Owens for Vice-Chairman, he was declared Vice-chairman by acclamation. With no further discussion, Chairman Doss made amotion to adjourn, with Member Jue seconding with all Members voting aye. Meeting adjourned at 8:23 p.m. Billy O~ns, Acting Cha' Kay ~°rr~es, Recording Secretary