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HomeMy WebLinkAbout1992 P&Z MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JANUARY 14, 1992 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:40 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in atten- dance: Julie Bottke Member Cathy Bock-WOod Member David Salmon Member Carol Chabinak-Ball Chairperson Robert Woodard Member Tom Bogan Member with Member Salerno absent, However, a quorum was established. Also in attendance were: Billy Sharp, Council Liaison; 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 DECEM- BER 10, 1991. With no corrections noted, Member Salmon made a motion to approve the minutes. Member Woodard seconded and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. INTRODUCTION OF NEW PLANNING AND ZONING COMMISSIONERS At this time the Commissioners introduced themselves. 4. CONSIDERATION OF THE SELECTION OF A NEW VICE-CHAIRPERSON FOR THE COMMISSION. Bob van Til stated that if the Commissioners felt uncomfortable voting on this item and would like to take time to get to know each other, we can put this item off until a later date. The Commissioners wanted to select a Vice-Chairperson tonight. Member Bogan nominated Member Salmon for Vice-Chairperson. Mem- ber Woodard seconded and the motion carried with all Members voting aye. 5. PUBLIC HEARING, AS REQUESTED BY TALENT UNLIMITED, INC., TO HAVE THE COMPREHENSIVE ZONING CODE AND THE ZONING MAP OF THE CITY OF THE COLONY, TEXAS, AMENDED SO AS TO GIVE 5204 SOUTH COLONY BLVD. SUITE 200, A SPECIFIC USE PERMIT FOR A DANCE STUDIO IN A SHOP- PING CENTER DISTRICT. Member Bogan made a motion to open the Public Hearing, with Vice-Chairperson Salmon seconding the motion. The motion car- ried with all Members voting aye. Linda Peterson of 6209 Blair Oaks, stated that she is request- ing a zoning change for a Specific Use Permit for a larger building for her dance studio. With no further questions or comments, Member Bogan made a motion to close the Public Hearing. Vice-Chairperson Sal- mon seconded and the motion carried with all Members voting aye. 6. REVIEW AND RECOMMENDATION OF A REQUEST MADE BY TALENT UNLIMITED, INC., TO GRANT A SPECIFIC USE PERMIT FOR A DANCE STUDIO IN A SHOPPING CENTER DISTRICT LOCATED AT 5204 SOUTH COLONY BLVD., SUITE 200. With no questions, Member Bogan made a motion to recommend approval of the request for a Specific Use Permit. Vice- Chairperson Salmon seconded and the motion carried with all - Members voting aye. 7. PUBLIC HEARING, AS REQUESTED BY LEWISVILLE INDEPENDENT SCHOOL DISTRICT, TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY OF THE COLONY, TEXAS, AMENDED SO AS TO GIVE A TEN ACRE TRACT OUT OF THE BBB AND CRR SURVEY A-172, GENERALLY LOCATED ON THE EAST SIDE OF PAIGE ROAD ADJACENT TO YAGER STREET, A SPECIFIC USE PERMIT FOR A PUBLIC SCHOOL IN AN INDUSTRIAL DISTRICT. Member Bogan made a motion to open the Public Hearing, with Member Bottke seconding the motion. The motion carried with all Members voting aye. Von Beougher G&A Consultants Mr. Beougher is consultant for the Lewisville School District. He stated that a Specific Use Permit is required to allow a school to be built in an Industrial District. It is more practical for the school district to request a Specific Use Permit than a change in zoning. The school district is in the process of purchasing the land. If you have any questions, Marshall Durham with the Lewisville School District is here to answer them. Vice-Chairperson Salmon asked Bob van Til to clarify that the Commissioners would still see a site plan in the future. Bob van Til stated that would be the next step. With no further questions, Vice-Chairperson Salmon made a motion to close the Public Hearing. Member Bogan seconded and the mo- tion carried with all Members voting aye. 8. REVIEW AND RECOMMENDATION OF A REQUEST FOR A SPECIFIC USE PER- MIT TO OPEN A PUBLIC SCHOOL ON A TEN ACRE TRACT OUT OF A-172, GENERALLY LOCATED ON THE EAST SIDE OF PAIGE ROAD ADJACENT TO YAGER STREET. Bob van Til stated that there are three things we need to look at: 1) the effect this particular use will have on surrounding property 2) the traffic impact and if it is compatible with the neighborhood 3) and is in compliance with the Zoning Book. Bob van Til stated that the school is proposed for Paige Road which is a four lane divided thoroughfare. The thoroughfare plan in- 9 ! 7 dicates that this road must be expanded to a six lane divided road. The school district is aware of this requirement. Staff recommends approval of this Specific Use Permit provid- ing that the improvements be made to Paige Road. The school is in compliance with the Zoning Code in as much as the use is permitted in the District with a Specific Use Permit. Member Bock-Wood stated some concerns about the additional traffic flow from the school and about the parent loop that comes in and goes out of the school. Peter's Colony has a problem with the curve drive, and she doesn't want to see that happening again. She wanted to make sure that they allow enough space. Member Bogan made a motion to approve the request for a Specific Use Permit providing that Paige Road be widened to a 6 lane thoroughfare. Member Bottke seconded and the motion carried with'all Members voting aye. 9. ADMINISTRATIVE STAFF PLANNER'S REPORT Bob van Til informed the Commissioners about a Recognition Banquet honoring all City of The Colony Boards and Commissions Members on January 25, 1992, at 7:00 p.m. at Pappa Lou's Res- taurant. Need to RSVP with Patti Hicks. The meeting adjourned at 8:05 p.m. Carol Chabinak-Ball, Chairperson Kay Co~a'les, Recording Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JANUARY 28, 1992 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:37 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in atten- dance: Cathy Bock-Wood Member David Salmon Vice-Chairperson Carol Chabinak-Ball Chairperson Tom Bogan Member with Members Salerno, Woodard and Bottke absent. However, a quorum was established. Also in attendance were: Bob Hutchison, Building Inspector; Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were dis- cussed: 1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON JANU- ARY 14, 1992. With no corrections noted, Member Bogan made a motion to approve the minutes. Member Bock-Wood seconded and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time 3. DISCUSSION ITEMS A. POSSIBLE AMENDMENT TO APPENDIX-A ZONING CODE OF THE COLONY CODE OF ORDINANCES AS IT RELATES TO DAY CARE CENTERS AND THE SALE OF ALCOHOLIC BEVERAGES. The Commissioners wanted to move on to Item B., so Bob Hutchison would not have to stay for a long period of time. B. ACCESSORY STRUCTURES Bob van Til stated that in 1990 the Council amended the Accessory Structure Code to limit the height down from 30' to 10'6". This was prompted by concerns voiced by several Council Members. The problems we are facing to- day are two-fold: 1) aesthetic concern, primarily con- cerned with accessory structures which are garages. When a garage is built, aesthetically speaking, it would look better if it was built with the same pitch as the house. Requiring that it be constructed at the 10'6" height limit, ther~ are some structural concerns and one would be the cost. So the problem is two-fold: aesthetic and the cost standpoint of view. The Staff recommends: Amend Section 11-704: To exclude attached and detached garages from the 10'6" height limitation providing that they are limited to one story and the primary purpose of the garage is for the storage of automobiles. Bob Hutchison, the City Building Inspector, is here to answer any questions you may have. Member Bogan asked Bob van Til if the change is just for garages? Bob van Til answered yes. Member Bogan wanted to know if a storage shed would pose the same problem as a garage? Bob Hutchison replied that no one has really objected about the height limit on storage sheds. However, we have had a number of people building detached garages mention the height limitation and they can't believe we have done that. Mainly because of what Bob has stated tonight: aesthetics and the extra cost. A short discussion followed. Member Bogan stated that it is more important to limit the height of the wall instead of the height of the pitch. Need to have the pitch to match the house. Chairperson Chabinak-Ball asked Bob Hutchison how he felt about what Member Bogan said? Bob Hutchison replied that limiting the walls to 8', re- gardless of how it is built, it can match the roof very easily. Member Bogan said he thought the Commission should table this item for a couple of weeks and give some thought as to how it will fit better for the community. Bob Hutchison stated that he personally thinks they could work with an 8' wall height limitation. A discussion followed. Member Bogan stated that he would rather not limit this just to garages. Chairperson Chabinak-Ball stated she thinks it should cover every single accessory structure. After a short discussion, the Commissioners decided to bring this item back in two weeks. A. POSSIBLE AMENDMENT TO APPENDIX-A ZONING CODE OF THE COLONY CODE OF ORDINANCES AS IT RELATES TO DAY CARE CENTERS AND THE SALE OF ALCOHOLIC BEVERAGES. Bob van Til stated that he wanted to defer this item to Member Bogan. Member Bogan stated that what made him bring this up ori- ginally was the fact that it would be very easy for some- one to own a residence behind one of the strip centers and keep 4 or more children and classify as a day care center. This would limit liquor sales in the strip cen- ter. I don't think these residences should have that kind of effect on business. The Specific Use Permit for day care centers in residences need to have a separate set of rules versus day cares in commercial zones, so they will not govern the type of businesses that go into a strip center. There was a short discussion. Member Bogan stated that if the ordinance has to be totally rewritten, might refer to the city attorney to come up with the proper wording or restrictions. Bob van Til asked the Commissioners if they were trying to create a day care environment that specifically caters to residential areas, as long as they are not next to a com- mercial location. Chairperson Chabinak-Ball replied, yes. And she asked Bob van Til if he could write it up. All the Commissioners agreed on this. 4. ADMINISTRATIVE STAFF PLANNERS REPORT The Commissioners will hear this at the next meeting. The meeting adjourned at 8:30 p.m. Carol C-~b~~ ~a~ Kay'Co,ales, Recording Secretary MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 18, 1992 The Work Session of the City Council and the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:20 p.m. on the 18th day of February, 1992 at City Hall with the following Council roll call: Bill Manning, Mayor Present Mike Lynch, Councilman Absent Billy Sharp, Councilman Present Dale Therio, Councilman Absent Rob Burchard, Councilman Absent Joel Marks, Mayor Pro-tem Present PLANNING AND ZONING MEMBERS Carol Chabinak-Ball, Chairman Present Julie Bottke, Member Present Tom Bogan, Member Present Robert Woodard, Member Present Bob Salerno, Member Absent David Salmon, Member Present Cathy Bock-Wood, Member Present and with three present, a quorum was not established for the City Council, however, with six Planning and Zoning members a quorum was established and the following items were addressed, with the Council participating in the discussion: 1. REVIEW AND DISCUSSION OF A PLANNED DEVELOPMENT FOR 154.306 ACRES IN THE SOUTH PLANNING UNIT IN THE COLONY AS PRESENTED BY CENTEX REAL ESTATE CORPORATION Chairman Ball presided. Member Wood removed herself from the discussion due to a conflict of interest. Mr. Earle said one of the issues had been the north/south road, across the creek and connecting with the east/west road which is guaranteed by a bond attached to zoning ordinance number 357. Mr. Earle said they (F&J) want the north/south road tied to the development of the business property and the owner (Bilhiemer) will commit to the road upon development of the Business Park property and went on to say the owner wants to talk to the city regarding other aspects of the Business Park development. Mr. Earle said the owner will commit to build the road but he will not increase the amount of the bond already on the Business Park development. Bill Hall explained that the bond was attached as part of Ord. 357 and that it did expire in 1990, but the city and the owner have extended it for three years. Mayor Manning asked what the city gave up to acquire the bond on that property. Bill Hall said he was not involved but he would research it. In regard to the signal light and the traffic situation, Member Bogan suggested a merge lane southbound on 423 coming out of the development to allow traffic to merge into 423 traffic easier and also a left turn, stacking lane northbound 423 into the development. Mr. Earle said that would not be cheap, but it would probably be less than a signal light and agreed it could be done, noting the left turn lane would be done anyway. There followed a lengthy discussion regarding the cost and feasibility of this proposal. Bob van Til reiterated that a traffic study needs to be done to look for the difference in total traffic generated between the current zoning and the future zoning, trip assignments, and to determine if the development will place the level of service on 423 below level "C". Mr. van Til said without the study, which he estimated would cost $1000.00 - $2000.00, the City would be remiss in reviewing this case. Mr. Earle asked if Hal Jones, city traffic engineer has recommended the study be done, and if so he (Earle) would like to see the letter making that recommendation. Bob van Til said he had in the first letter written about this case. Mayor Manning still questioning the need for the study, stating that both the roads impacted, FM 423 and Hwy 121 are State roads and will be improved by the State when necessary, going on he said he does not believe we should do something just because it has always been done in the past. Member Bogan asked if Mr. Jones could look at the merging lane option and give an opinion. Mr. van Til said he could, but he won't do it without a traffic analysis. Mr. Jerke asked if Mr. Jones could take the 1995 estimates and come up with some figures on the effect. Recess - 8:05 p.m. Reconvene - 8:20 p.m. Upon reconvening, Chairman Ball asked the P & Z members for a consensus on the traffic study. Chairman Ball and Member Woodard do not feel it is necessary. Members Bottke and Bogan do not feel a study is necessary, but would like Mr. Jones to give an opinion on the options presented tonight. Member Salmon said he believes the traffic study will tell us that the north/south road is needed now, not in 20 years. Mr. Jerke said it is important to remember that Hwy 121 will be totally different in 20 years. With respect to minimum square footage, the proposal from the last meeting is as follows: Tract A - 1500, Tract D - 1700 and Tract E - 1500. All agreed Tract D and E acceptable, but Councilman Sharp asked about 1600 square feet on Tract A. Mr. Earle said he doesn't want to lessen the density at this time, but if the market dictates it, he will. Going on, Mr. Earle did say he can offer to bring in the 30 acres west of the this zoning and have it re-zoned. After a brief discussion, Mr. Earle said he could possibly change Tract A to a minimum of 1600 square feet. Member Bogan asked if Tract E could be reduced and make Tract D larger, allowing for more larger homes. Mayor Manning agreed. There was a brief discussion regarding the lay of the land, topography, etc. and Mr. Earle said it could be 3 925 looked at. Recess - 9:15 p.m. Reconvene - 9:35 p.m. Upon reconvening, Mr. Earle said he thinks Member Bogan and the Mayor have a good suggestion and that he will revise the proposal before this is brought before P & Z. Member Salmon asked if a topography overlay could be prepared for the P & Z meeting and Member Bottke asked for a definition of the levels of service for thoroughfares as well as an adjustment of the proposed thoroughfares. Mayor Manning asked if Bob van Til could get with Members Bogan and Salmon regarding what they would like to see from the opinion from Mr. Jones. There was a brief discussion regarding screening and landscaping. Mr. Earle said the wall will be similar to the one in Lakeridge and there will be a landscaped entry into the development, with irrigation. Mr. Earle said there would be a conceptual plan ready for the P & Z meeting. All present agreed with this proposal. Chairman Ball adjourned the meeting at 9:55 p.m. APPROVED: Carol Chabinak-Ball, Chairman ATTEST: Patti A. Hicks, City Secretary [SEALI 4 MINUTES OF THE PLANNING AND ZONING COMMISSION OF T~F~ CITY OF THE COLONY HELD ON FEBRUARY 25, 1992 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 atten- dance: Julie Bottke Member David Salmon Vice-Chairperson Carol Chabinak-Ball Chairperson Tom Bogan Member Robert Woodard Member with Members Salerno and Wood absent(Member Wood called in sick). However, a quorum was established. Also in attendance were: Bob Hutchison, Building Inspector; 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 JANUARY 28, 1992. With no corrections noted, Member Bogan made a motion to approve the minutes. Member Woodard seconded and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. PUBLIC HEARING, AS REQUESTED BY THE CITY OF THE COLONY TO AMEND THE COMPREHENSIVE ZONING ORDINANCE OF THE COLONY'S CODE OF OR- DINANCES, RELATING TO SECTION 11-704, HEIGHT RESTRICTIONS OF ACCESSORY BUILDINGS OR STRUCTURES. Member Bogan made a motion to open the Public Hearing. Member Woodard seconded and the motion carried with all Members voting aye. Bob Hutchison, Building Inspector, stated that he had done some checking since the last meeting. If we put an 8' wall height restriction with a matching roof pitch this will solve any problems we have had in the past. Bob van Til stated that everything was self explanatory. The primary concerns were aesthetic and from a cost standpoint. This amendment will include all accessory structures without singling out any structure. An 8' wall height limit will do the job just fine. With no further questions or comments, Member Woodard made a motion to close the Public Hearing. Member Bogan seconded and the motion carried with all Members voting aye. 4. REVIEW AND RECOMMENDATION REGARDING AN AMENDMENT TO SECTION 11-704, OF THE COMPREHENSIVE ZONING ORDINANCE OF THE COLONY'S CODE OF ORDINANCES RELATING TO HEIGHT RESTRICTIONS OF ACCESSORY BUILDINGS OR STRUCTURES. Member Bogan made a motion to approve this amendment with an understanding that the height of the wall can not exceed 8 feet and the pitch' can not exceed the pitch of the main building. Member Woodard seconded and the motion carried with all Members voting aye. 5. GENERAL DISCUSSION: A. POSSIBLE AMENDMENT TO APPENDIX-A ZONING CODE OF THE COLONY'S CODE OF ORDINANCES AS IT RELATES TO DAY CARE CENTERS AND THE SALE OF ALCOHOLIC BEVERAGES. Bob van Til outlined results from the discussion on 1-28-92. We discussed the possibility of dividing day cares into two,,categories: 1. Commercial - day care akin to the day care centers of 4 or more children 2. Residential - in-home type day care taking care of 7-12 children 3. Registered Family Homes of 6 or less children. We have no authority over these registered homes. As you can see, I have outlined a proposed strategy to amend the code in order to include the separation of commercial day care. This will address the fact that certain day cares could in fact limit the placement of certain bars, liquor stores and other places that sell alcoholic beverages in a commercial zone. We discussed exempting day cares that were separated from general re- tail by a Right of Way oS screening wall. We centralized our discussion on separating the two day care types for clarification in regards to the proximity requirements we have from day cares to liquor stores. I want to make one comment about summing up the discussion on the 28th. Speaking bluntly, it would be easier to have the same category and exempt them from the establishment that sells alcoholic beverages by a 60 foot Right of Way or a type of screening wall. From an administrative stand- point of view, it would be easier to take care of rather than having to keep track of an additional type of day care facility. Member Bogan stated that he thought either way would work. If it is residential, I think it is subject to the ordi- nances that apply to residences, that may very well take care of it. But I want to be more specific, by calling it a Residential Day Care Center. Chairperson Chabinak-Ball asked Member Bogan if he wanted the two separate? Member Bogan stated that whichever way gets the job done, I really don't care. My first intention was to separate it and call it a Residential Day Care Center, because you do give them a Specific Use Permit. I just wanted to make sure they didn't have the same restrictions that commercial day care centers would have. I know in looking at some residential ordinances that they are pretty specific as to what you can do, but I think that a Specific Use Per- mit overrides that. A short discussion followed. The concensus among the Commissioners was for Bob van Til to write up an amend- ment with an exception to residential day care centers. With no further business to discuss, Vice-Chairperson Salmon made a motion to adjourn. Member Bogan seconded and the motion carried with all Members voting aye. The meeting adjourned at 7:55 p.m. Carol Chabinak-Ball, Chairperson Kay' C~ales, Record£hg Secretary 931 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MARCH 10, 1992 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:35 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in atten- dance: Julie Bottke Member David Salmon Vice-Chairperson Carol Chabinak-Ball Chairperson Tom Bogan Member Robert Woodard Member Cathy Wood Member with Member Salerno absent. However, a quorum was established. Also in attendance were: Bill Hall, City Manager; 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 FEB- RUARY 25, 1992. With no corrections noted, Vice-Chairperson Salmon made a motion to approve the minutes. Member Bogan seconded and the motion carried with all Members voting aye. 2. APPROVAL OF THE MINUTES FROM A JOINT WORK SESSION OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION HELD ON FEBRU- ARY 18, 1992. With no corrections noted, Member Bogan made a motion to approve the minutes. Vice-Chairperson Salmon seconded and the motion carried with all Members voting aye. 3. CITIZEN INPUT None at this time. 4. REVIEW AND CONSIDERATION OF A REQUEST BY CENTEX REAL ESTATE CORPORATION TO HAVE THE CONPREHENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY OF THE COLONY ~iENDED SO AS TO CHANGE THE ZONING ON A 154.3 ACRE TRACT OF LAND LOCATED IN ABSTRACT 1352 FROM BUSINESS PARK TO PLANNED DEVELOPMENT, GENERALLY LO- CATED ON THE WEST SIDE OF FM 423 (MAIN STREET) AND NORTH OF OFFICE CREEK, FOR THE CONSTRUCTION OF SINGLE FAMILY HOMES. Member Wood removed herself from the discussion due to a con- flict of interest. Bob van Til stated that he wanted to go over some items that were discussed at the Work Session and the Joint session held with the City Council, concerning this rezoning request. Thoroughfares - this rezoning request contains 2 parcels of property: 1 was rezoned in 1989 from SF to BP and the other was rezoned in 1985 from SF to BP which was Ordinance 357. When this property was rezoned the developer committed to an East West thoroughfare. In our ordinance it states that in 5 years construction work will begin on the East West thorough- fare. The bond currently expires in 1993. The ordinance simply stipulated that when 30% of this particular tract was devel- oped out, construction would begin on the East West thorough- fare. A portion of the property included in the 1985 rezoning ordinance is in this particular request. Thiswilllcomprise about 15% of this entire tract that runs along 121. If this particular development is approved, it reduces the require- ment of 30% down to 15% to build the East West road. A short discussion followed. Bob van Til continued about the North South thoroughfare from the southern planning unit to 121. This is planned to be a 4 lane undivided with a 60' right-of-way. We discussed about postponing the installation until the commercial property to the south was developed. Some concerns we have is that the timing would be inappropriate primarily due to the impact of traffic to 423. The traffic on 423 is down to approximately a Level C or D, which is approaching the capacity of 423. With the buildout of the southern planning unit over the next 6 years, the 20 year projection states we will be exceeding 48,000 vehicles. This will be approximately 40,000 vehicles past level service E, which is the worst level. In the 20 year scenario, there will be 6 lanes, in order to drop the service level to Level C, which is an average level of impact, this would require an 8 lane thoroughfare for 423. The impor- tant issues are timing, when the road is installed is very im- portant and the numbers indicate that it is very possible that the additional road to the south is needed now instead of some- time in the future. Also the schematics for the freeway at 121 shows that if the North-South thoroughfare intersects with 121, the stat-e.~has indicated that if the road is not there when the highway is constructed, the state will not provide the overpass and that the responsibility will fall back on the city. Some remaining items deal with traffic: a northbound median cut, an acceleration lane on 423, signalization on 423 and an access road to the subdivision. Other items were density, screening and landscaping. There was a short discussion on Ordinance 357. Chairperson Ball asked about the North South thoroughfare. Terry Mitchell Carter & Burgess Mr. Mitchell stated that after the work session, he contacted Harold Coppage, the district design engineer for the state. Mr. Coppage told him that the overpass will be in place, by the state, whether the road is completed or not. There was a short discussion about the North South thoroughfare. Member Bogan stated that the North South thoroughfare is not part of this tract. Member Bogan added that it is the city's responsibility to apply to the state for a traffic light on 423. Member Bottke asked when the bond expires and will the East West thoroughfare be built if we do not have 30% developed in that area. What is the determining factor that the road will be built, the expiration date of the bond or the development date? 933 Bob van Til answered the expiration date. Member Bottke asked even if 30% of the land is not developed, the road will still be built? Bob van Til replied, yes. Derek Earle Fox & Jacobs Centex My understanding that is when the bond expires in 1993, the city can collect the amount of money on that bond and begin construc- tion of the road. Bill Hall City Manager The bond was put in when Ordinance 357 was written. The Ordinance proposed the East West thoroughfare be placed somewhere in the area of Tract A to connect 121. One condition of 357 is that when a percentage of Tract A is developed, this road must be com- pleted. The bond was extended last year. In July of 1993, when that bond expires, we have two options: to build the road or possibly collect on that bond. Centex, unless they have changed, has formally stated that they will not subdivide any of this tract of land. They will not take commercial property and break it up into service stations, boat service-rentals, etc. They want it to be developed and sold as a specific tract of land. If you base the extension of the south planning unit North South road on building the East West thoroughfare, what could very possibly happen, they will sell as a campus style development. The road will not serve the purpose whatsoever. Centex does not want the road to go through, it.would eliminate the sale of that piece of property as a campus style development. The city would not want the road to go in and possibly prohibit the sale of that property as a campus style development. We will do 1 of 2 things: ask for the bond to be forfeited and use that portion of the bond to connect the road or ask for another extension for a period of time until Tract A does sell in its entirety for a campus style development. We will tie the North South road into the develop- ment of the East West road at some point after July of next year. The Council will probably decide to extend the development of the East West road. Centex is going to have a commitment to ex- tend the North South road from the south planning unit to some particular point so we won't have a dead end road. From my side of the city standpoint, I don't think that should be tied to the development of 30%, 60% or whatsoever to tie into that road. If you are building from a particular point to tie in the North South planning unit to 121, might be something to consider to tie in with development over all Tract A. Derek Earle stated that he personally thinks that the Master Thoroughfare Plan pretty well dictates where the roads are going to be. There was a short discussion. Member Bogan inquired about the buffer zone. Dennis Jerke Carter & Burgess Mr. Jerke stated that they have moved the 5000 sq.ft, lots fur- ther to the north to make a larger buffer. We want to make a 934 connection to the North South collector tee in with Cougar Alley. __ With no further questions or comments, Member Bogan made a motion to approve the request by Centex Real Estate Corpora- tion to have the Comprehensive Zoning Ordinance and the Zoning Map of the City of The Colony amended so as to change the zon- ing on a 154.3 acre tract of land located in Abstract 1352 from Business Park to Planned Development, generally located on'_the west side of FM 423(Main Street) and north of Office Creek, for the construction of single family homes, with the stipulations that: 1. there will be a left turn lane on 423 2. an acceleration lane onto 423 3. the tract buffer be revised as discussed 4. screening along 423 5. landscaping at entry ways Vice-Chairperson Salmon seconded the motion. Member Woodard voted nay, with all other Members voting aye. The meeting adjourned at 8:25 p.m. David Salmon, Vice-Chairperson Kay CoCales, Recording .Secretary 936 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF T~R COLONY HELD ON MARCH 24, 1992 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:35 p.m. at City Hall, 5151 North Colony Blvd., with the following Members in attendance: Julie Bottke Member David Salmon Vice-Chairperson Tom Bogan Member Cathy Wood Member with Member Woodard and Chairperson Chabinak-Ball absent(Mem- ber Salerno resigned his position on the Commission). However, a quorum was established. Also in attendance were: Billy Sharp, Councilman; Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the follow- ing items were discussed: 1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON MARCH 10, 1992. With no corrections noted, Member Bogan made a motion to approve the minutes. Member Bottke seconded and the motion carried with all Members voting aye. (With Member Wood abstaining.) 2. CITIZEN INPUT None at this time 3. REVIEW AND RECOMMENDATION ON A REQUEST BY LEWISVILLE IN- DEPENDENT SCHOOL DISTRICT FOR SITE PLAN APPROVAL FOR A TEN ACRE SITE LOCATED IN A-172, GENERALLY LOCATED EAST OF PAIGE ROAD AND SOUTH OF GATES DRIVE IN THE COLONY, TEXAS, FOR AN ELEMENTARY SCHOOL. Bob van Til stated that he wanted to briefly go over some of the specifics of this particular site. It is a 10 acre site located on the east side of Paige Road. This was zoned Industrial, the Council approved a Specific Use Per- mit in February of this year for a public school. The site plan is in conformance with all site plan design standards and zoning standards(such as set back, parking, etc.). There are several off Bite improvements that we have discussed with LISD. We have asked them to come in compliance with our thoroughfare plan, that includes a 6 lane divided thoroughfare along the frontage of the school site. We have also asked them to construct an additional 11' lanes on the north and south bound sides of Paige. They will provide this as well as a left turn lane on the south bound lane from the median. We have requested that they remove the medians and delineate the left turn lanes by buttoning the north and south medians. We have also asked them to provide flashing school zone lights, in accordance with Texas law. City Staff recommends approval of the site plan, it does meet with our zoning codes and de- sign criteria. We ask that they remove the entire median 93'7 from the south bound lane as they have on the north bound lane; that they button off the turn lanes on both the south and the north bound lanes; and provide the flashing school __~ zone lights. Monte Zajicek SHW Group, Inc. Everything that Mr. Van Til has told you tonight is accurate. I'm here to answer any questions you may have. Member Bogan wanted to know about the stacking lane for the buses. There was a short discussion on staff parking and the busing lane. Vice-Chairperson Salmon suggested that the word "ONLY" be added to the sign for the staff parking and the bus lane. Mr. Zajicek stated that would be no problem. There was a discussion on stripping Paige Road in the school zone. Mr. Zajicek stated that he would do whatever the city tells him to do. The Conclusion was to only strip part of Paige Road would cause confusion. There was a short discussion about adding another crosswalk. Member Wood stated that she does not like the egress and the ingress being at the same location. Traffic is going to be a problem at Paige and Nash. There was a discussion on how to handle the traffic and if there were any solutions. Member Wood stated that a combination of good signage and the Police Dept. staying on top of this problem will help. We do have concerns, personally, I would like to see the Police Dept. giving out tickets to people in fire lanes. There was further discussion about whether the school would add to the drainage problem on Paige. Bob van Til stated that the school district will comply with the drainage requirements and there should be no additional problems. With no further comments or questions, Member Wood made a motion for approval of the request by Lewisville Independent School District for site plan approval for a ten acre site located in A-172, generally located east of Paige Road and south of Gates Dr., in The Colony, Texas, for an elementary school. Member Bogan seconded and the motion carried with all Members voting aye. With no further business to discuss, Member Wood made a motion to adjourn, with Member Bogan seconding. The motion carried with all Members voting aye. The meeting adjourned at 8:20 p.m. -- David Sa~on, Vice-Chairperson es, Recording Secretary 933 MINUTES OF THE PLANNING AND ZONING CO~MISSION OF THE CITY OF THE COLONY HELD ON APRIL 14, 1992 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:35 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Julie Bottke Member David Salmon Vice-Chairperson Tom Bogan Member Cathy Wood Member Carol Chabinak-Ball Chairperson Robert Woodard 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 MARCH 24, 1992. With no corrections noted, Member Bogan made a motion to approve the minutes. Member Woodard seconded and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time 3. PUBLIC HEARING AS REQUESTED BY THE CITY OF THE COLONY TO HAVE SECTION 10-2206 OF THE COMPREHENSIVE ZONING ORDINANCE AMENDED, RELATING TO THE PROXIMITY OF ALCOHOLIC BEVERAGE SALES TO DAY CARES. Member Wood suggested that the Commissioners move to Item 5. The rest of the Commissioners agreed. 5. REVIEW AND RECOMMENDATION OF A SITE PLAN AS SUBMITTED BY FIRST UNITED METHODIST CHURCH OF THE COLONY FOR A PARCEL OF LAND LO- CATED ON THE NORTH WEST INTERSECTION OF PAIGE ROAD AND AVERY LANE. Bob van Til stated that after staff review the site plan does meet all zoning and design standards and therefore, staff recommends approval of this site plan. There was a short discussion among the Commissioners and Mr. Tom Cravens, representing the Methodist Church, concerning the traf- fic problem on Avery Lane on Sundays. Member Wood suggested a sign that says, "No parking on this side" for Sundays only. The consensus was that the parking lot would be able to handle the parking. Member Wood suggested that the city keep an eye on this to see if there will be a problem with traffic. With no further questions or comments, Member Bogan made a motion to approve the site plan. Member Bottke seconded, and the motion carried with all Members voting aye. 3. PUBLIC HEARING AS REQUESTED BY THE CITY OF THE COLONY TO HAVE SECTION 10-2206 OF THE COMPREHENSIVE ZONING ORDINANCE AMENDED, RELATING TO THE PROXIMITY OF ALCOHOLIC BEVERAGE SALES TO DAY CARES. Member Wood made a motlon to open the 2ubll¢ Hearing. Member Bogan seconded and the motion carried with all Members voting aye. Bob van Til stated that all the Commissioners have been in- volved with this process from the start and he would be glad to answer any questions. Member Salmon asked if the City Attorney had reviewed this amendment? Bob van Til replied that the procedure was to get a recommenda- tion from the Commissioners, then have the attorney review it before it goes to Council. Member Wood stated that she would like to see the measurements consistent. We have one way to measure for a school and one way for a day care. Member Bogan stated that the measurement should be what the state mandates. And that the method of measuring should be consistent. Member Wood agreed that the measurements should be consistent with the state, instead of one stating from property line to property line and the other measurement stating from building to building. Member Bogan stated that the method of measurement should also be consistent. Member Wood asked if the Commissioners could do this at the same time they add the amendment tonight? Member Wood made a motion to close the Public Hearing. Member Salmon seconded and the motion carried wtih all Members voting aye. 4. REVIEW AND RECOMMENDATION ON A REQUEST MADE BY THE CITY OF THE COLONY TO HAVE SECTION 10-2206 OF THE COMPREHENSIVE ZONING ORDINANCE AMENDED RELATING TO THE PROXIMITY OF ALCOHOLIC BEVER- AGES TO DAY CARES. Member Salmon asked how do we incorporate what we just talked about doing? ~ Member Wood said that we make a recommendation and attach a contingency that comply with TABC measurements. Member Bogan suggested two separate recommendations, as an exception to the existing ordinance: 1) to recommend to the city to change the measurement and, 2) to follow suit with the state for the method of measurement. At this time, Member Bogan made a motion to approve the amend- ment to Section 10-2206, which will state: "where any day care center located in any residentially zoned district is separated from any commercially zoned district with a beverage store or bar, lounge or tavern, by a minimum right of way of sixty feet or a screening wall as required by Section 18-100, the separation requirements in Section 10-2206 do not apply." 941 Member Bottke seconded and the motion carried with all Members voting aye. Member Wood made a recommendation that we amend Section 10-2206 and Section 10-2207 to reflect the measurement of which the distance is measured by 10-2205. Member Bottke seconded. Bob van Til stated that he does have some reservations due to the fact that we haven't been able to tell the Commissioners why these two are different. I would like to be able to find out why this occured and get back to the Commissioners and then proceed. Member Wood removed her motion. The Commissioners would like to see this on the next agenda. 6. ADMINISTRATIVE STAFF PLANNER'S REPORT 1. South Planning Unit - the City Council approved 2. Paige Elementary - the Council also approved 3. Accessory detached structures - the Council approved as recommended by the Commission With no further business to discuss, Member Wood made a motion to adjourn with Member Bogan seconding. The motion carried with all Members voting aye. The meeting adjourned at 8:15 p.m. 943 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON APRIL 28, 1992 A REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:35 p.m. at City Hall, 5151 North Colony Blvd., with the following Members in attendance: Julie Bottke Member David Salmon Vice-Chairperson Tom Bogan Member Cathy Wood Member Carol Chabinak-Ball Chairperson Robert Woodard 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 APRIL 14, 1992. With no corrections noted, Vice-Chairperson Salmon made a motion to approve the minutes. Member Bogan seconded and the motion carried with all Memebrs voting aye. 2. CITIZEN INPUT None at this time 3. PUBLIC HEARING AS REQUESTED BY CASA BONITA, INC., TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND THE ZONING MAP AMENDED TO CONSIDER A SPECIFIC USE PERMIT FOR BEER, WINE AND LIQUOR FOR ON-PREMISE CONSUMPTION AT 4904 MAIN STREET, MORE SPECIFICALLY; BLOCK A, LOT 4 OF THE SOUTH COLONY RETAIL CENTER ADDITION. Member Wood made a motion to open the Public Hearing. Member Bogan seconded and the motion carried wtih all Members voting aye. Bob van Til stated that Casa Bonita has applied for a Specific Use Permit for their Taco Bueno located on the east side of 423, which is currently zoned General Retail. This request falls under definition 53 on page 1477 in the Code Book, paragraph 3 and 4. Since this is a restaurant, the proximity requirements outlined in Section 10-2200 "Sale of Alcoholic Beverages" do not apply. This code review takes care of my presentation. Dave Shoel Regional Director of Casa Bonita This will be a prototype - a test for us, to see if we can change the patio to a cafe. We are not looking at serving hard liquor. The margaritas will be wine based, concentrated, and put into a machine. We hope to build sales in The Colony. We don't antici- pate changing any existing formats, but will utilize the cafe part. We will establish a limited time for serving alcohol: weekdays 4-8 pm; Sat. & Sun. 4-10 pm. We will hire two full time waitresses to serve the patio area. The alcohol will be served at the table and cannot be picked up at the counter. We are pre- pared, if The Colony feels it necessary, to use an off duty police officer if we have any problems. The waitresses will be trained as to their roles in serving alcohol and making sure the customers know that they can not take alcohol from the patio area. 944 Their was a short discussion about whether a customer could pick up alcohol at the counter and why the restaurant is exempt from the proximity requirements. With no further questions or comments, Member Wood made a motion to close the Public Hearing. Member Began seconded and the motion carried with all Members voting aye. 4. REVIEW AND RECOMMENDATION OF A REQUEST MADE BY CASA BONITA, INC., FOR A SPECIFIC USE PERMIT TO SELL BEER, WINE AND LIQUOR FOR ON-PREMISE CONSUMPTION AT 4904 MAIN(TACO BUENO). Member Salmon asked how many notices were returned. Bob van Til replied that 21 notices were mailed out and only one was returned, which was against the permit. With no further questions or comments, Member Wood made a motion to recommend approval of the Specific Use Permit request made by Casa Bonita, Inc.. Member Began seconded and the motion passed with all Members voting aye, with the exception of Member Bottke, who voted nay. Chairperson Chabinak-Ball stated there was an additional item, at which time she read Member Wood's resignation letter, effective May 15, 1992. Member Wood is resigning due to the fact she is becoming a city employee on May 18, 1992. With no further business to discuss, Member Wood made a motion to adjourn with Member Woodard seconding. The motion carried with all Members voting aye. The meeting adjourned at 8:00 p.m. Carol Chabinak-Ball, Chairperson Kay ~orr~es, Recording Secretary 94 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JUNE 30, 1992 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:37 p.m. at City Hall, 5151 North Colony Blvd., with the following Members in atten- dance: Jim Wagner Member Tom Cravens Member Barbara Crocker Member Julie Bottke Member Carol Chabinak-Ball Chairperson Robert Woodard Member with Vice-Chairperson Salmon absent, however, a quorum was esta- blished. Also in attendance were: Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. INTRODUCTION OF COMMISSIONERS Each Commissioner told a little about themselves. 2. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON APRIL 28, 1992. With no corrections noted, Member Bottke made a motion to approve the minutes. Member Woodard seconded and the motion carried with all Members voting aye. 3. CITIZEN INPUT None at this time 4. PUBLIC HEARING AS REQUESTED BY MR. CARNIERO, TO HAVE THE COM- PREHENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE COLONY, TEXAS, AMENDED TO CONSIDER A SPECIFIC USE PERMIT FOR A JUNK OR SALVAGE YARD IN AN INDUSTRIAL ZONE FOR A LOCATION NORTH OF OVERLAKE DRIVE, MORE SPECIFICALLY: LOTS 11, 12, 13, 14, 15, 16, 17, I8, BLOCK 4 OF GARZA LAKES ESTATE. Member Bottke made a motion to open the Public Hearing. Mem- ber Crocker seconded and the motion carried with all Members voting aye. Chairperson Chabinak-Ball asked Bob van Til if any notices had been returned. Bob van Til stated that none had been returned. Member Bottke asked what kind of screening wall they intended to put up? Mr. Boldin, of Horizon Realty, stated that the wall would com- ply with city code, either masonry or metal screen. There was a discussion on the screening wall. Member Bottke asked Mr. Carniero if there was any chance he would be able to put up a masonry wall? Mr. Carniero stated that he will put up a~metal fenCe and paint it so it will look more presentable. I don't know the difference in the price for a masonry wall. Member Crocker had some concerns about the possible contam- ination from the fluids from the automobiles that were to~ De disassembled. Mr. Carniero stated that the oil and fluids would remain in the parts that he sold. There was a short discussion on possible seepage of these fluids. Member Cravens was concerned about the Corps of Engineer's flowage easement. Member Cravens thought it would be a good idea for Mr. Carniero to consult the Corps of Engineers and get their approval. There was further discussion about the Corps of Engineers and the road leading to the salvage yard. Member Cravens stated that he would like to see a topography map. With no further questions or comments, Member Bottke made a motion to close the Public Hearing. Member Woodard seconded and the motion carried with all Members voting aye. 5. REVIEW AND RECOMMENDATION OF A REQUEST FOR A SPECIFIC USE PERMIT FOR A JUNK OR SALVAGE YARD MADE BY MR. CARNIERO, IN --~ AN INDUSTRIAL ZONE LOCATED ON LOTS 11, 12, 13, 14, 15, 16, 17, 18, BLOCK 4 OF GARZA LAKES ESTATE. Bob van Til stated that as far as the technical aspects of the zoning codes, there are no blatant problems we have with the use taking place as it is, it will depend on the site plan(prior to development, the applicant needs to submit a site plan for approval). Chairperson Chabinak-Ball stated that the Commission needed to decide if this was the highest and best use for the land. Mr. Boldin~ stated that not many businesses would build across from a sewer plant. This business will be regulated by the EPA, state.and the city. Bob van Til stated that the site plan will be submitted to the Co~nissioners and the Corps of Engineers will allow no ob- structions in the flood plane. Member Bottke requested that Mr. Carniero check into prices for a masonry wall. Mr. Carniero stated that he would bring prices for both the masonry and steel wall. Member Crocker recommended some landscaping would help the --~ steel wall aesthically speaking. Member Crocker made a motion to approve the application made by Mr. Carniero, contingent that the site plan have proper screening, fencing and landscaping and also a response from the Corps of Engineers. Member Woodard seconded the motion. The motion carried with all Members voting aye, with the ex- ception of Member Cravens who voted nay. 943 6. PUBLIC HEARING, AS REQUESTED BY MR. SIEMENS TO HAVE THE COM- PREHENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE COLONY, TEXAS, AMENDED SO AS TO GIVE A SPECIFIC USE PERMIT FOR A PAWN SHOP LOCATED AT 7608 MAIN STREET IN A LIGHT COMMERCIAL ZONE. Member Bottke made a motion to open the Public Hearing. Mem- ber Wagner seconded and the motion carried with all Members voting aye. Chairperson Chabinak-Ball asked what the main thrust of the pawn shop would be? Daryl Siemens stated that it would be determined by what the surround- ing area needs, mostly tools and jewelry, etc. There was some discussion as to firearms. Mr. Siemens stated that the state heavily regulates pawn shops. Member Bottke asked what kind of building would he build. Mr. Siemens stated a pre-cast concrete building, with 6" thick walls and a few windows. He also stated that he would have an elaborate security system. Bob van Til stated that none of the notices mailed out were returned. With no further questions or comments, Member Woodard made a motion to close the Public Hearing. Member Cravens seconded and the motion carried with all Members voting aye. 7. REVIEW AND RECOMMENDATION OF A REQUEST MADE FOR A SPECIFIC USE PERMIT FOR A PAWN SHOP MADE BY MR. SIEMENS IN A LIGHT COMMERCIAL ZONE AT 7608 MAIN STREET. Member Woodard made a motion to approve the request made by Mr. Siemens, contingent upon proper landscaping, a brick or exposed agrement facade on the building, proper lighting, and a fence around the back. Member Crocker seconded and the motion carried with all Members voting aye. Bob van Til told the Commissioners about a training session for Planning and Zoning Commissioners at COG on July 10, 1992. The meeting adjourned at 9:00 p.m. Carol Chabinak-Ball, Chairperson Kay'Co. ales; ~e~ording Secretary 950 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JULY 28, 1992 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: Jim Wagner Member Tom Cravens Member Barbara Crocker Member Carol Chabinak-Ball Chairperson David Salmon Vice-Chairperson with Members Woodard and Bottke absent, however, a quorum was esta- blished. Also in attendance were: Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the follow- ing item~ were discussed: 1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON JUNE 30, 1992. With no corrections noted, Member Crocker made a motion to approve the minutes. Member Cravens seconded and the motion carried with all Members voting aye. 2. CITIZEN INPUT Dick Weaver 4940 Hackney Mr. Weaver wanted to make sure everyone knew about the Economic Development Program, since it will relate directly to the Planning and Zoning Commission. Please pass the work around and get people to vote. This would be a big asset for The Colony. 3. PUBLIC HEARING AS REQUESTED BY SUSAN BLETHEN, TO AMEND THE COM- PREHENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE COLONY, TEXAS, SO AS TO GIVE A LOCATION SITUATED AT 5001 MAIN STREET, #107, THE COLONY, TEXAS, CURRENTLY ZONED SHOPPING CENTER(S.C.), A SPECIFIC USE PERMIT FOR THE OPERATION OF A PRINT SHOP. Vice-Chairperson Salmon made a motion to open the Public Hearing. Member Crocker seconded and the motion carried wi~h all Members voting aye. Susan Blethen stated that she had been doing typesetting in her home and needed to expand to a small print shop. Member Cravens asked what type of printing? Ms. Blethen stated offset printing. Chairperson Chabinak-Ball asked how the ink would be disposed of? Ms. Blethen stated that she would be using Cactus Environmental Services, a toxic waste disposal company. With no further comments or questions, Member Cravens made a motion to close the Public Hearing. Member Wagner seconded and the motion carried with all Members voting aye. 951 4. REVIEW AND RECOMMENDATION OF A REQUEST lVI~DE BY SUSAN BLETHEN FOR A SPECIFIC USE PERMIT TO OPERATE A PRINT SHOP AT 5001 lv1~IN STREET, #107, THE COLONY, TEXAS. Bob van Til stated that he did not have anything else to add, everything has been covered. He did send out 8 notices to property owners within 200' of the property, 2 were returned, both in favor. With no questions or comments, Vice-Chairperson Salmon made a motion to approve the request made by Ms~ Blethen. Member Crocker seconded and the motion carried with all Members voting aye. Bob van Til mentioned that the pawn shop and junk yard would be on the City Council agenda on August 3, 1992. The meeting adjourned at 7:45 p.m. Carol Chabinak-Ball, Chairperson Kay C~rales, Recording Secretary , 953 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON SEPTEMBER 22, 1992 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:35 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Barbara Crocker Member Tom Cravens Member Julie Bottke Member Carol Chabinak-Ball Chairperson David Salmon Vice-Chairperson with Members Woodard and Wagner absent, however, a quorum was esta- blished. Also in attendance were: Councilman Sharp; 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 28, 1992. With no corrections noted, Member Crocker made a motion to approve the minutes. Member Cravens seconded and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. PUBLIC HEARING AS REQUESTED BY THE CITY OF THE COLONY, TO AMEND SECTION 10-900 OF APPENDIX A TO THE COLONY CODE OF ORDINANCES RELATING TO THE TIME LIMIT OF SPECIFIC USE PERMITS. Councilman Sharp stated that there is a one year time limit for a SUP granted to a specific location. He said he would like to see the amount of time granted for the SUP decreased for that particular location. Examples: Stop-n-Go at 423 has a SUP and has been vacated for 3-4 months and the SUP still exists; and there is a SUP for a video arcade in the new Winn Dixie Shopping Center, that was granted last year; and there is a SUP for a pawn shop at the old Midnight Club location. We don't know what will happen with these SUPs. I would like to see the time decreased to 30-60 days. As far as the pawn shop goes, we don't know if the owner will perform or not. As long as the party works toward development of the pawn shop, this will be sufficient, if the person is not able to perform, action should be taken to revoke the SUP. The time limit on vacated businesses 30-60 days, they would have a temporary per- mit. Businesses changing hands, open one day, with the current owner, the next day the business sells and continues with the new owner, nothing has changed, as long as it is the same type of business. There was a lengthy discussion about the length of time that a SUP should have before being revoked and about having 30.-60 day reviews on businesses with SUPs to make sure they are pro- gressing. Bob van Til stated that most businesses come to us and have to go through a long process of getting a SUP (4-8 weeks) and have to pay for permits. Once this is taken care of these businesses like to go ahead and do their thing. If they are required to come back to us in 30, 60, or 90 days, that will be another burden which will include more cost. The less re- quirements we have on businesses, the more they will be attract- ed to our city. There was further dicussion as to how many days to keep the SUP in place and whether to divide it into two categories: new SUPs and businesses that are vacated with SUPs. Member Bottke stated that we have the power to revoke the SUP anytime we want to and it expires in a year. With no further questions or comments, Member Crocker made a motion to close the Public Hearing. Vice-Chairperson Salmon seconded the motion and the motion carried with all Members voting aye. 4. REVIEW AND RECOMMENDATION OF A REQUEST MADE BY THE CITY OF THE COLONY TO AMEND SECTION 10-900 OF APPENDIX A OF THE COLONY CODE OF ORDINANCES RELATING TO THE TIME LIMIT OF SPECIFIC USE PER- MITS. Member Cravens made a motion that: (1) existing SUPs that belong to businesses that close and do not open up in 60 days, the. SUP will be void. (2) New SUPs(as with new construction) - if work is not initiated in 90 days, the SUP will be void. Mem- ber Crocker seconded. The motion passed with Members Cravens, Crocker and Chairperson Chabinak-Ball voting aye and Members Bottke and Vice-Chairperson Salmon voting nay. The meeting adjourned at 8:40 p.m. Carol Chabinak-Ball, Chairperson Kay Cor~les, Recording Secret y 95( MINUTES OF THE PLANNING AND ZONING CO~ISSION OF THE CITY OF THE COLONY HELD ON OCTOBER 27, 1992 A REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:37 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Jim Wagner Member Barbara Crocker Member Tom Cravens Member Julie Bottke Member Carol Chabinak-Ball Chairperson David Salmon Vice-Chairperson with Member Woodard absent, however, 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 SEPTEMBER 22, 1992. With no corrections noted, Member Bottke made a motion to approve the minutes. Member Crocker seconded and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. REVIEW AND RECOMMENDATION OF A SITE PLAN FOR A 2.9 ACRE SITE LO- CATED WEST OF FM 423 AND NORTH OF S. COLONY, ZONED SC(SHOPPING CENTER) AS REQUESTED BY DR. GIFFORD FOR A STRIP SHOPPING CENTER. Mr. Boldin of Horizon Realty, introduced Mr. Callahan, the arch- itech and Mr. Hanzick, the builder for this project. Member Crocker asked if the property had been platted. Bob van Til said that the plat will be approved as a minor plat since no public utilities are being put in and is less than 4 lots. Member Cravens wanted to know if the water and wastewater lines are privately owned or owned by the public. Bob van Til stated that this property containsaneasement and the owner of the property is responsible for maintenance of the lines. Member Cravens wanted to know about the design of the retaining wall on the south end. Mr. Hanzick stated that all the screening walls are pre-cast and solid concrete 4-5" thick and will have standard piers. Chairperson Chabinak-Ball stated that her main concern is the drainage. Mr. Callahan stated that the drainage will follow the natural slope of the land and drain off into a huge storm drain inlet in the north east corner. 957 There was a short disucssion about the drainage. There was a short discussion about signage. Bob van Til stated that with 37,575 feet; 168 spaces are re- quired. Because of the radii of the fire lane, approximately 5 spaces were eliminated. The builder would like to pull a grading permit tomorrow. We do like to wait until P & Z has a look at the site plan. This site plan is scheduled to go before the City Council next Monday night. Member Cravens asked if they had erosion control to keep dirt off the highway? Mr. Callahan stated that they had bales of hay. With no further questions or comments, Member Cravens made a motion to approve the site plan subject to engineer changes. Member Bottke seconded and the motion carried with all Members voting aye. 4. GENERAL UPDATE FROM STAFF 1. The recommendation to change the time limits for SUP's was approved by the City Council: new SUP's have a year to get started and 60 days for existing locations that are vacated or the SUP will be pulled. 2. COG is planning a Session for P & Z Commissioners on 11-6-92. Let me know by Friday if you want to go and I will sign you up. 3. A memo from Patti Hicks is attached in your packet about terms that are going to expire. We have 4 members up for reappointment this December: Carol, Bob, Tom and David. Let me know if you want to be reinterviewed for reappointment or not. With no further business to discuss, Member Bottke made a motion to adjourn. Member Wagner seconded and the motion carried with all Members voting aye. The meeting adjourned at 8:25 p.m. Carol Chabinak-Ball, Chairperson Kay Cor/ales, Recording Secre ary