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HomeMy WebLinkAbout1991 P&Z Page 1 of 5 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JANUARY 8, 1991 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: Lewis Jue Member Billy Owens Vice-Chairman Robert Wilson Member Robert Doss Chairman Bob Salerno Member Carol Chabinak-Ball Member David Salmon Member with all Members present, a quorum was established. Also in attend- dance were Mike Lynch, City Councilman; 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 SEPTEM- BER 25, 1990. With no corrections, Vice-Chairman Owens made a motion that the minutes be approved. Member Salmon seconded, and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time 3. Member Doss suggested that we skip to item 5. (5.) REVIEW AND CONSIDERATION OF AN EXTENSION FOR THE SUBMITTAL OF DEVELOPMENT PLANS REQUIRED BY SECTION 10-671 OF APPENDIX A- ZONING, FOR A PLANNED DEVELOPMENT DISTRICT LOCATED WEST OF ETH- RIDGE DRIVE, PREVIOUSLY APPROVED BY THE CITY COUNCIL, JANUARY 5, 1987. Bob van Til stated that when the Council approved this Planned Development, it originally consisted of 205.5 acres. In 1989, LISD built an elementary school on approximately 10 acres on the northwest corner of N. Colony and Ethridge. This Planned Development, as designated by Council, stated the applicant must present development plans to the Commissioners for approval with- in six months. If the developers do not do this, the Commissioners may extend this deadline for one or more six month periods. There has been an extension every six months since approval in 1987. Member Salmon asked if there has been any interest in this land by developers. Mr. Blackwood stated that there has been quite a bit of interest, but we are in a holding pattern right now, we want to wait until the right time to develop this property. Chairman Doss asked if there had been any changes in the plans? Mr. Blackwood answered, that no, everything will stay the same right now. Page 2 of 5 Vice-Chairman Owens made a motion to approve a six month ex- tension for the submittal of development plans as required __ by Section 10-671 of Appendix A-Zoning, for a Planned Devel- opment District located west of Ethridge Drive. Member Salerno seconded the motion and the motion carried with all Members voting aye. 3. PUBLIC HEARING AS REQUESTED BY FOX & JACOBS, INC. TO HAVE APPENDIX A-ZONING OF THE CITY OF THE COLONY'S CODE OF ORDI- NANCES AND THE ZONING MAP OF THE CITY OF THE COLONY AMENDED BY REZONING A 43.7 ACRE TRACT OF LAND FROM MULTI-FAMILY i(MF1), OFFICE 1 AN~ 2(1 AND 2), AND SHOPPING CENTER DISTRICT(S.C.), GENERALLY LOCATED ON THE WEST SIDE OF FM 423 (MAIN STREET) AND APPROXIMATELY 200' NORTH OF SOUTH COLONY BLVD. Vice-Chairman Owens made a motion to open the Public Hearing, with Member Salerno seconding the motion and the motion carried with all Members voting aye. Bob van Til stated that Fox & Jacobs is requesting to rezone a 43.7 acre tract of land located on the west side of FM 423. The property is currently zoned Multi-Family 1 (MF1), Office 1 and 2 (1 and 2), and Shopping Center District (S.C.). We sent out 34 notices to property owners within 200' of the property, this also included some retail property. As of to date, only 1 has been returned - not in favor. Some of the reasons being: re- moval of commercial property, would be detrimental to the econ- omy of the city and will obstruct the view from across Hwy 423. -- Some height restrictions are associated with the present zoning. Office buildings can typically be built up to 2 stories. No ele- vation of any building can exceed 11' above elevation of the cen- ter line of the south bound lane of FM 423. The width of a build- ing shall not exceed 70% of width of a parcel of property, measured along a line parallel to FM 423 at a distance of 25' from the pro- perty line nearest to FM 423. In process of review: the topography is more compatible to Single Family than Multi-Family; the shopping center is compatible due to the shopping area across the street; the traffic will have a minimum impact. In regard to service, water and wastewater capabilities, this will have a minor impact and not be detrimental to our city; therefore, we recommend that the Commission give a favorable recommendation to this rezoning request. Derek Earle, Fox & Jacobs, stated that 4 or 5 years ago this land was zoned Office and Multi-Family, but due to the change in the economy and market, we now feel at this point, that Single Family residential is ideal for this tract of land. This development will be similiar to the NOrthpointe addition. William Jamme 5405 Sutton Place I have a question for Bob van Til, where did you get all the ~ figures on this tract, about the traffic? Bob van Til replied, from Carter & Burgess, and the figures were also reviewed by the city traffic engineer. Mr. Jamme said he is concerned about the creek that cuts under 423, what happens to that? Page 3 of 5 $37 Derek Earle stated they would try and keep the channel natural. There was a discussion on restrictions to SF4, density standards, size of homes to be built, traffic, as well as location of streets, alleys and why screening walls were not placed behind the homes on Sutton & HWY 423? Derek Earle said concerning screening ~walls and the alleys, this goes back to what the city requires of us. Mr. Jamme asked if this is approved tonight, is this the end of public input? If the headlights from Hetherington shine into my home continuously, would I be able to say anything about it? Derek Earle said that because Mr. Jamme brought the issue up, he will be willing to work with the residents as we finalize the land plan, we are more than willing to work with you. Vice-Chairman Owens commended the citizens present for coming forth and voicing their opinions and concerns. Derek Earle stated again, that he would be glad to work with adja- cent property owners. Toby Pollard 5401 Sutton Place I am concerned about the creek, it is backed up to my home. To leave this in a natural state, is doing nothing but ~eroding away the soil. With homes west of HWY 423, my investment may be under water. I don't think that what I have seen tonight could do any- thing but harm. What about the impact on the tax base, as far as Office opposed to Single Family. I have a list of citizens who feel the same way I do about the rezoning request. Derek Earle stated that he knows the property owners have concerns and you have hit a few issues. As far as office versus residential, residential is guaranteed this year or next year; office could take a longer period of time, quite a while before a large industry or multi-family could be placed in that area. That is a concern and part of the Planning & Zoning Commissioner's job to determine which is most suitable, to place tax paying citizens here now or to wait for an undetermined amount of time for office. My opinion is it would be best to use the residential. I will help with the drainage problems in the creeks. A discussion followed on why Fox & Jacobs could not build SF2 or SF3 instead of SF4. Derek Earle stated that it was mainly the financial end of it, they could not do this, not economically feasible. Mr. Earle continued to say this will be a high scale, attractive community. Mike Lynch 4921 Roberts Some of my concerns are: no entrance on S. Colony, and the other entrances will require stop lights, median cuts, and who will pay for these in the future when needed, the city or F&J? The drain- age ditch will have to be revamped. What school zone will bear the brunt of this and will additional school crossings be provided? Will the lighting be on every corner and in the middle of the block? Page 4 of 5 Dennis Jerke Carter & Burgess We will work with the city on platting issues. The state will have the say so as far as cuts and lights needed. We will work with the state and the city and whatever they require, we will do. Kerry Jones 5412 Sutton Place What does the Shopping Center entail, as far as what can be built there? I would sure hate to look out at a 24 hour oil change building. My view to the lake would be obstructed. Bob van Til stated that a Shopping Center would include stores like Wal Mart, Brookshires, and it could include a gas station or a quick lube. Ellen Kelly 5413 Sutton Place I am concerned with the extra noise from the traffic. Derek Earle stated that most noise is generated from traffic going 45-50 mph, stopping and coming out of stop signs will generate less noise. Mr. Jamme questioned as to why Fox & Jacobs did not put walls up behind the houses on Sutton Place? Derek Earle stated that a lot goes back to interaction with the city and what they require us to do. Mr. Jamme stated that the information he received in the mail, was Greek to him - it had very little usable information. I did not know where the land was, no idea of what any of the coding meant or anything. More information in the letter would have been helpful and a copy of the map attached. Bob van Til stated that he appreciated Mr. Jamme's comments, they will help to improve the notices. Toby Pollard asked if he should give the notices he had to the Commissioners? (He gave them to Chairman Doss) Chairman Doss noted that there were 8 notices and all 8 were against the zoning change. With no further questions or comments, Member Chabinak-Ball made a motion to close the Public Hearing. Member Salerno seconded and the motion carried with all Members voting aye. 4. REVIEW AND RECOMMENDATION OF A REZONING REQUEST BY FOX & JACOBS INC. FOR A 43.7 ACRE TRACT ON THE WEST SIDE OF FM 423(MAIN STREET) AND APPROXIMATELY 200' NORTH OF S. COLONY FROM MF1, 1 AND 2, S.C. TO SF4 AND S.C. With no further questions, Vice-Chairman Owens made a motion to approve the rezoning request by Fox & Jacobs, Inc. for a 43.7 acre tract on the west side of FM 423(Main Street) and approxi- mately 200' north of S. Colony from MF1, 1 and 2, and S.C. to SF4 and S.C. Vice-Chairman Owens stated that he felt we were improving the zoning by changing it from MF1 to SF4 and to less office space. Member Chabinak-Ball seconded. Page 5 of 5 Before polling took place, Bob van Til asked Vice-Chairman Owens if he wanted the existing zoning restrictions relating to height or the new height restrictions? After a short discussion, Vice-Chairman Owens stated he wanted the motion to include the existing height restrictions for SF4 and S.C. Member Chabinak-Ball stated that was what she was seconding. The motion carried with all Members voting aye. 6. ADMINISTRATIVE STAFF PLANNER'S REPORT Bob van Til made a general statement about some previous zoning action taken by the Commission and the results after going to City Council. With no further business, Member Salerno made a motion to adjourn. Member Jue seconded and the motion carried with all Members voting aye. Meeting adjourned at 9:45 p.m. Robert Doss, Chairman Kay C/orr~e~,-Recording Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JANUARY 22, 1991 A REGULAR SESSION of the Planning and 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 Chairman Carol Chabinak-Ball Member Lewis Jue Member Robert Wilson Member Bob Salerno Member David Salmon Member with Billy Owens, Vice-Chairman, absent, however, a quorum was es- tablished. Also in attendance were Mike Lynch, City Councilman; 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 8, 1991. Some spelling corrections were noted for correction. With these corrections, Member Salmon made a motion to approve the minutes. Member Chabinak-Ball seconded and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. REVIEW AND CONSIDERATION OF AN EXTENSION FOR THE SUBMITTAL OF DEVELOPMENT PLANS AS REQUIRED BY SECTION 10-671 OF APPENDIX A- ZONING OF THE COLONY CODE OF ORDINANCES, FOR A PARCEL OF LAND LOCATED EAST OF BOYD ROAD ON WYNNWOOD PENINSULA IN THE CITY OF THE COLONY CURRENTLY ZONED AS A PLANNED DEVELOPMENT DISTRICT AS APPROVED BY THE CITY COUNCIL IN DECEMBER OF 1989. Bob van Til stated that this was approved in December, 1989, after it was annexed into the City of The Colony and was zoned Planned Development. The Planned Development was for residen- tial and included tracts for a church and a school, as well as a golf course. Specifics on the various zoning categories are described in your packet and I will not go into any detail. The developers of a Planned Development must present development plans to the city for the development of the property within six months of approval or receive an extension for the submittal of their plans from the Commission. The owners of the property, Mr. Nichols, Mr. Baines, and Mr. Strief are here to answer any questions you may have. Rusty Nichols stated that he and his borthers owned part of the property and Mr. Strief owns the rest. The economy is not great for residential right now. We attempt to market the property everyday. There are some new developments on the golf course. Member Wilson asked Mr. Nichols to tell them about the golf course? 842 Mr. Nichols stated that when they submitted the plans for a golf course, Club Corp was their partner, but Club Corp backed out at the last minute. We continue to contact other companies interested in building a golf course. One has given ~ us a letter of commitment and continues to pursue financial backing. This company is called International Golf, it operates about a half a dozen courses in California and 2 in Arlington. This is a relatively small company, but very well run. They felt they had the financing in Germany 4 or 5 months ago, but that fell through. We came up with 2 other builders: Leon Howard, he has built 60-70 courses; and Flint Golf, located in the Los Angeles area. They believe they have put together a financial package in conjunction with International Golf to operate the golf course. We are actually optimistic, they have given us a timetable for construction to possibly start within the next 60 days. This will be good for the residential side, people say get us a golf course, then we will come out. The builders say give us something with pizzazz. We will be glad to keep you posted. Member Jue asked which they were going to pursue first, a public or private golf course? Mr. Nichols stated that the attraction of our property is that it is connected to corp property. We would have the ability to build the clubhouse on private land and have a combination of a public course on the corp land and the option at a later date to make it private. Member Jue asked if the same developer is still interested in .~ the residential development? Mr. Nichols stated that when we started out Club Corp~was going to build the residential as well as the golf course. Since then we have talked to a lot of developers. There is just one we are talking to right now. Not much happening right now, but the corp property is a big draw to developers. With no further questions or comments, Member Salmon made a motion to approve the 6 month extension. Member Wilson seconded and the motion carried with all Members voting aye. 4. GENERAL DISCUSSION: a. Staff Presentation: duties of the Planning & Zoning Commission. Bob van Til presented an overview of the history and legal basis and specific duties of the Planning & Zoning Commission. b. Items of concerns to the Commission. Bob van Til mentioned that the City Council has directed the Planning and Zoning Commission to review the home occupation ordinance. This will probably be brought to you by the middle of February. We will have to place notification of a Public Hearing in the paper. With no further business, Member Salerno made a motion to adjourn. -- Member Salmon seconded and the motion carried with all Members voting aye. Meeting adjourned at 8:55 p.m. Robert Doss, Chairman Kay/C~r~les, RecOrding Secretary 844 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON FEBRUARY 12, 1991 A REGULAR SESSION of the Planning and 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 Chairman Billy Owens Vice-Chairman Robert Wilson Member Bob Salerno Member Carol Chabinak-Ball Member Lewis Jue Member David Salmon Member with all Members present, a quorum was established. Also in atten- dance were Bill Hall, City Manager; David Rolbiecki, Building Official; Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Sec- retary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON JANUARY 22, 1991. With no corrections, Member Wilson made a motion that the minutes be approved. Vice-Chairman Owens 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 THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY AMENDED, RELATING TO SECTION 10-300(14): HOME OCCUPATIONS. Member Chabinak-Ball made a motion to open the Public Hearing and Member Salerno seconded. The motion passed with all Members voting aye. Bob van Til stated that during the Council meeting held on January 21, 1991, the Council requested the Planning and Zoning Commissioners to review and possibly amend the ordinance relating to Home Occupa- tions. The ordinance was approved in 1979 with the original codes, amended in 1985. The most recent amendment was in 1989, which addressed the size of vehicle allowed. Mr. Rolbiecki surveyed some surrounding cities in regard to their home occupation ordinances. With an exception of a few, these seem to be very similar in content and structure. Some other regulations associated with this ordinance from other cities have also been included, the bulk appearing in these ordinances also appear in our ordinance. Chairman Doss said you mentioned amendments to this ordinance, were those amendments to the zoning or the city ordinance? Bob van Til replied the city ordinance. Chairman Doss asked if that applied to machinery? Bob van Til said that the ordinance as it is written today, says no use of equipment other than customarily found in a household. Page 2 of 10 Chairman Doss stated that Mr. Van T±i did not necessar±17 l±st the equipment breakdown in #7. (7. Without the use of equipment other than that customarily found in a household: a. and which does not create obnoxious noise; b. or other conditions to abutting residen- tial property such as: - emission of odor, - increased traffic, - or generation of light, - or smoke; c. and where the use is carried on/in the main structure only.) Bob van Til stated that the amendment also addresses the last half of the existing code, excluding: repair shop, antique shop, beauty shop, barber shop, etc. Mr. Rolbiecki, Building Official, wanted to explain the printout. I did a historical study from Sept. 27, 1988, to the present. The Inspections Dept. has had 73 complaints to date, all except for 4 violations, and 1 resulting in a citation. The majority of violations were car repair(2 out of 4), 1 was a swimming class at home and the other was a silk-screen T-shirt business. The resident failed to comply with the ordinance and we ended up sending him a citation. Member Chabinak-Ball asked Mr. Rolbiecki what actually led up to the citation? Mr. Rolbiecki answered that he had received a list of complaints and he investigated everyone of them. Three of those needed the Inspections Dept. to follow-up with a certified letter. One turned out to be a silk-screen business and received a citation. The rest of the complaints, we couldn't tell anything, no one was home, no signs, no traffic. Most of them basically went to work somewhere else. I tried to call and got the message this number no longer in service. Member Chabinak-Ball asked if only 1 appeared in violation? Mr. Rolbiecki stated they sent 3 letters, one to a boat repair service and another to a glass repair business, the other was the silk-screen business, which we had gotten additional complaints on. Chairman Doss asked what kind of complainers he had received? Mr. Rolbiecki stated just call-ins, saying, please check out this T-shirt business. Chairman Doss inquired if these were health hazard calls? Mr. Rolbiecki said no sir, just several calls saying check out an illegal home occupation at 4905 Wheeler. Member Salerno asked how the ordinance was enforced? Mr. Rolbiecki stated that he conducts most of his searches by com- plaints, except for one car repair. If we see a car repair busi- ness without a complaint, we will stop and check it out. If it is in violation, they will receive a certified letter. Member Salerno asked if they went inside the premises? Mr. R°lbiecki stated a couple of times, if a vehicle repair busi- ness and I am convinced they are in violation, I will send a certified letter. Chairman Doss asked Bob van Til to give him a brief synopsis of the Home Occupation Ordinance and how this part of the ordinance came to the Commission. Page 3 of 10 Q~? Bob van Til stated that the City of The Colony defines a Home Occu- pation as being carried on in the home(residential home area), run by a member of the occupant's family, without added people, without signs, no advertising and no activity without the use of equipment not customarily found in the home, does not create obnoxious noise, odor, or increase traffic, lights or smoke emission and the use is carried on in the main structure. Our ordinance excludes very spe- cific activities: a repair shop, or garage, antique shop, beauty shop, barber shop, plumbing shop, manufacturing process or similar sales, or service activity on residential premises. Also any mater- ials used in connection with any commercial use on a residential lot or tract shall not be stored on said residential lot or tract. In response to the 2nd portion of your question, the citation was issued to one of the City Council members, who runs his business out of his home. He requested, with full consent of the City Coun- cil, that the Home Occupation Ordinance be brought before the Plan- ning and Zoning Commission for review. David Scott 5600 Turner The gentleman that had the silk-screen business, how many years has he been in business? Mr. Rolbiecki answered, in excess of 8 years. Mr. Scott asked how long have the complaints been coming in? Mr. Rolbiecki answered since October, 1990. Mr. Scott wondered if traffic has a lot to do with the Home Occupa- tion part, a lot of traffic, odor, noise would bring disorder in the community. If traffic was not a problem and I'm making a liv- ing and supporting the community, would I still be in violation? Subsequently, if home businesses would be restricted to a certain point, they would take their storefronts and go elsewhere if re- stricted too much. Say if I am an insurance agent and run the business from inside my home, I have a computer, data processing equipment which are not regularly used in a household, would I be in violation? Chairman Doss stated that it is one thing to talk about residential, may not be compatible with residential zoning. A discussion followed about selling commodities such as Amway and Avon. Chairman Doss stated that the general concensus is that if the busi- ness is not proposing a hazard to the community, he doesn't see any reason to object. Member Salmon wanted to know if there is a distinction between sell- ing. out of your home versus maintaining a supply of products in your home? Mr. Rolbiecki answered that it is not allowed. In the silk-screen operation, the products were shipped out and he didn't have someone coming in. There is no distinction. Mr. Scott mentioned Garage Sales and that they were temporary store- fronts. Bob van Til said that selling from your house down to somebody mak- ing some extra money occasionally, down to a sales tax number for Page 4 of 10 full time businesses, these are some of the items we look for. Mr. Scott stated that means if you have a sales tax number, the __ restrictions apply to you and if you don't have one they don't apply to you? Bob van Til stated that a garage sale is an occurrence every now and then. Mr. Scott. wondered what the Inspections Dept. does when it gets a complaint on a business. Mr. Rolbiecki stated that they check it out and if they see some- thing that is in violation, they send a certified letter, you can take and appeal that to the Board of Adjustments and Appeals in a certain time frame. If you decide not to do that, then we come back and check to see if you are still in violation, if you are, then you get a citation. The next step would' be to take it to court. Tom Bogan S. Colony Bob van Til stated that our present ordinance is copied after surrounding cities. The Colony is unique, in that, all the cities around us offer spaces for service type businesses, not storefronts. The Colony has the highest rent for storefronts of any city surround- ing us. All of the other cities have rent starting from $3 - $6 a square foot. The cheapest rent in The Colony starts at $10 a square foot. Service types of businesses cannot afford that type of rent. Our city requires these type of businesses. Many businesses under -- this ordinance cannot operate legally, but we do require their ser- vices. Please take this into consideration. Thank you. Mr. Rolbiecki said that Carrollton, Richardson, Plano and Lewisville all enforce their ordinance similar to us on a complaint basis. Coppell hasa few extra steps, but basically reactive instead of proactive. There was a short discussion on materials being stored on the pre- mises. If what was being stored was not hazardous, and stacked or stored neatly there would probably be no problem. Vivian Bedell I would like to say that this is my personal opinion and not the opinion of any organization I am a member of. I think as long as the ordinance covers hazardous material, noise, odor or any un- sightly residue that might offend our neighbors, that would be fine. I make use of many of the home businesses, they are needed. It is necessary that they are able to keep material and equipment they use at home, either in a storage shed, garage or trucks, as long as they are contained, it wouldn't bother me. Now if they have five trucks and park them all up and down the street, that is a different story. Look at the ordinance and adjust it so it won't make people feel like they are in violation. If they are doing __ something that is hazardous, I want it to be stopped. Chairman Doss stated that hazardous materials is my major concern. Need to make sure that hazardous materials are discarded and dis- posed of properly. Businesses need to be regulated outside of the residential area. Page 5 of 10 Bill Hall City Manager Just a couple of points that we have talked about on the City staff standpoint. This ordinance itself, has not really posed a problem in the past. During my 5 years as City Manager and 8 years with the City, it has never posed a real problem except for those speci- fic times there has been a flagrant violation of safety. How this ordinance was written, I have heard 15 different versions, it is immaterial at this time. An ordinance of this type and this is from our attorneys and other cities we have talked to, they are all enforced on a complaint basis. Why does someone generate a complaint, hopefully, in most cases, it is because they see their next door neighbor do something that is dangerous. It could be stored paint, any number of things that they find offensive. That is reported to the Inspections Dept., they will go out and talk to that individual about the complaint. A complaint that they are endangering someone's health. Is it offensive to a neighbor, in many cases with car repair, yes. 90% of those say, yes, it is part of my job and I won't do it anymore. A lot of you remember Mr. Bar-b-que, he had a lot of violations and it went all the way to the State Court. There were some health matters involved and it was in fact pursued. What I am getting to is that it is ex- tremely difficult to enforce an ordinance of this nature under the law. In order to do that we have a quarterly report that lists all businesses in The Colony, the current list has 440 businesses. Many of those will list the home address as the point of contact, and have a telephone number listed in the city but the business is physically located somewhere else. If we take that list and go through each and every business in the city, and knock on their door and say you are in violation of the Home Occupation Ordinance, what are they in violation of? No one knows. If there is a vio- lation, you have to have a home occupation ordinance on the books in order to enforce it. So that is the basis we enforce the or- dinance, either by complaint or a flagrant violation. What is a flagrant violation: 4 cars outside, 2 jacked up, and engines are out, that is some indication that individual has a home business. If someone has an old car, might be a hobby, might want to check it out. A flagrant violation would be someone calls in and says there is a health hazard from the business next door. We have a specific subject to pursue, we have a valid complaint. To go to the 440 businesses and say you are in violation, my response to that and their response to that is "oh, yeah". There are a couple of businesses listed in the city right now, they .have a product: cake, candies, etc. Can we go and knock on their door and say you are operating a home occupation and we need to come in, their re- sponse is, "no, you are not coming in". That is why we don't go through and enforce this ordinance. We enforce this ordinance on flagrant violations and specific complaints. This is a list of complaints given to me this week. This is a list of businesses, which is a repetitive list that was given to Mr. Rolbiecki in Sep- tember. This is a formal complaint and now we have to pursue that. There are some 61 businesses listed. There is a CPA listed, I happen to know this CPA has an office here in the city. He has a computer, a telephone, a desk, and a lot of reference books. I have a computer, I have a desk, I have a telephone. These are things that I enjoy doing. Is that individual in violation, no, he sure isn't. Is there a violation in the Home Occupation Ordi- nance? By all the standards that Bob addressed earlier, the answer Page 6 of 10 to that is no. But there is a complaint that has been filed. We have to investigate and check it out. We have to have some guide- lines that are a little more definitive in order for us to enforce it. This particular ordinance has been sufficient in the past. You read it one way as "and" and another as "you have to have this, and this or this". What do we want to enforce in the city, safety, health or aesthetic? If someone has a computer or someone bakes cakes in their home, how do we enforce that? We need something de- finitive from you that can be enforced in an ordinance. We will upset a lot of people either way. To answer the question what kind of items you can have in your home. Are you operating that with retail business, can I come in and buy something and take it out, that is a retail business. The other portion of it is, are you ordering Amway for someone? There is no way anyone will ever know the answer to that. Member Salmon stated that you could read it either way as to whether the intent was there or not. Mr. Hall replied that the definition does mean retail. This is more or less the position that we are faced with and staff has to deal with. James League 5052 Bartlett I run a locksmith service and the way the ordinance is written now, I am in violation. Chairman Doss stated that the way he read the ordinance, if he had 1-2 locks in his home, it would be ok, but to have 100-200 locks would be extra ordinary. Mr. League asked that even if he had them in his garage and inside his home? Member Chabinak-Ball stated that her interpretation is you would be in violation. Mr. League stated that he didn't have a 100 locks, but whose busi- ness is it but mine? Member Salmon said you have brought up another problem with the ordinance as it is written. You are not a public hazard or nuisance, but the strictness of the ordinance as written, you are in violation. It has currently been ongoing because there hasn't been a complaint. The way the law is written, I don't believe that anyone in the city is out to personally suppress your business. Although, technically and possibly you would be in violation. Which is an example of the vagueness of the ordinance as written. Mr. Rolbiecki stated his interpretation is he would have a problem with a person offering services, going to other houses. Now if he offered that service and had his truck, as long as not over 1 ton capacity, and go service a house, I think that's ok. Mr. League stated that his is a mobile locksmith and everything he has is in his van. He does have people stop at his home occasionally. Vice-Chairman Owens said that he thought Bill brought up a good point as to the intent of the ordinance is not as vague as we think. When it was written, people understood the intent. Such things as'material used for commercial use, I don't think they had any intent to say that your locks were for commercial use and you Page 7 of 10 8~ can't have them. With intent of the law, even in the Vernon Civil Statutes, you go before a judge for a verification, it says the intent of the law is, then he gives his idea of what the intent is. The next judge says something different. It is the same way with the city ordinance, the intent of the ordinance has meaning and di- rection and the next administration comes in and it looses some of that intent. When you get into clarifying intent, you get into such detail, that a single ordinance becomes a massive book. You could clarify traffic, hazardous materials, emission of odors, smoke, and lights. If you get a vindictive person wanting to file a grie- vance against you, they are going to file it, someone will have to investigate. And the person investigating sees something unusual, he is going to write a citation, any intent should be left up to the judge. Intent is too hard to classify. A short discussion followed on the intent and interpretation of the ordinance. Member Wilson stated that the Planning and Zoning Commission could give the city some guidelines on how to enforce the ordinance and give them some leeway. I agree with Billy to a certain degree, I have spent 14 years studying government regulations, you can do dan- gerous things if you want to. When you get to materials which are considered to have a hazardous odor, this would do away with the safety and welfare of citizens and increase the liability to your neighbor. We need to look at the ordinance as a whole. I think the inspectors try to go out of their way to give a broad inter- pretation. I see where the real problem is. Planning and Zoning is trying to get input from you as citizens, so we can come up with a better ordinance. We are not going to take care of one person, but the city as a whole. Chairman Doss stated that the ordinance as it is right now needs a lot of clarification. We may need to decide which materials may be used. We might have to pinpoint which businesses we are trying to regulate, businesses who have to dispose of any hazardous products? I see no problem with the key business. Certain businesses need clarified in the Home Occupation Ordinance as it is written now. Tom Bogan stated that he thought the original intent was to protect property values. I don't think anyone wants to live next door to some guy that has 6 cars parked in his driveway. A very simple solution to this is to register businesses. Businesses in The Colony should be registered with the Inspections Dept.. Perhaps a moderate annual fee and the Inspections Dept. would come out and inspect that property and make sure there are no chemicals and if there are, see that they are disposed of properly. I believe that most of the legit- imate businesses in town would be in favor. I would be glad to pay a fee. I run a business and I don't see any real hazards. Nothing there that affects my property value or my neighbor's property values. Julius Fambry Blair Oaks I have been here 16 years. I agree with Tom, that businesses should be registered and pay an annual fee. And be in accordance with the fire code for different chemicals. I think all businesses should be regulated equally, instead of singling out one by name, because this one business uses oil. With the recycling program, used oil and used antifreeze is recycled. If these people are registered or licensed, Page 8 of 10 851 and pay their annual fee, then the Inspections Dept. would operate on a complaint basis or on their annual inspection. You are not going to be running people away, you will be closing those that should not be operating anyway. I take my used oil, antifreeze and batteries to Chief Auto for recycling. I store no used oil and I have yet to have a complaint. Member Jue stated that whenever this ordinance was written and put into effect, we only had about half the population we have now. Had to have an ordinance as a starting place, but this is affecting businesses that weren't around when the ordinance went into effect. A lot has changed in the past 10 years. A lot is left up to the interpretation of the ordinance. The Public Hearing tonight is the best chance you have of letting us know what your ideas are in reviewing this ordinance. We are not here to close out all the businesses in The Colony. We appreciate your comments so far, continue to let us know what you think. With no further questions or citizen input, Member Chabinak-Ball made a motion to close the Public Hearing. Vice-Chairman Owens seconded and the motion carried with all Members voting aye. 4. REVIEW AND CONSIDERATION OF A REQUEST BY THE CITY OF THE COLONY TO HAVE THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY AMENDED RELATING TO SECTION 10-300(14): HOME OCCUPATIONS. Member Chabinak-Ball stated that if what Bill Hall said is correct, over 400 home businesses in the city, I don't feel like good notice was given of this Public Hearing or there would be a lot more home businesses represented here and giving their opinions. Bob van Til replied that it was published in the Denton Record Chronicle and The Colony Leader, also notice was sent to the Chamber of Commerce. This is common procedure for Public Hearings. Vivian Bedell stated that she knew that Sue Kirby made an effort to contact home business owners, to let them know the ordinance was up for review. Member Chabinak-Ball stated that she has a great deal of sympathy for the home businesses. I strongly agree the ordinance needs to be reviewed. It has been on a complaint basis, they receive a letter, then go to the Court(Board) of Adjustments to apply for a variance and then receive a citation. Mr. Rolbiecki stated that after a close inspection, if they find a violation, they do send a certified letter stating the violation. Member Chabinak-Ball stated that my point is that after a complaint is made, a letter goes out, the procedure is to go to the Board of Adjustments of Appeals. Although Bob has said he doesn't want to talk about this particular case, I do not feel that the Planning and Zoning Commissioners should be affected by any political maneuvering in one way or another. I do not feel like we can look at this issue at this time without jeopardizing our credibility as Commissioners, I strongly suggest that we table this, and refer to committee to review the ordinance until that particular case is resolved. Chairman Doss said he didn't see why Member Chabinak-Ball wants to Page 9 of 10 85~ table it until the case is resolved. Member Chabinak-Ball replied that as I was strongly discouraged from talking to the municipal judge today about that case, I feel that any decision that we make could be misinterpreted in the eyes of the public as being politically motivated. And I do not want our credibility questioned. Bill Hall stated that the case has gone to Municipal Court and is docketed for the 19th. That particular individual will be up here for Municipal Court on the 19th of February and that is as much information as we can provide for that particular case, because it has not been litigated as of yet. Chairman Doss asked Mr. Hall if he could see any reason why the Planning and Zoning Commissioners could not take action tonight? Mr. Hall stated that he could see no reason, but that is the Planning and Zoning Commissioners decision. Member Chabinak-Ball said that this ordinance was sent to us by Council in response to that particular case. Chairman Doss asked Member Chabinak-Ball do you think that since the Council hires and fires us, do you think there is a concern as to whether this case is legitimate and is settled prior to the court case? Member Chabinak-Ball stated that she did not want any negative reflection on what we do. I definitely think it should be re- viewed. I do not believe the timeliness is appropriate. I think that our unbiased recommendation to the Council is very important and should be considered. Chairman Doss asked if Member Chabinak-Ball felt that if we made a decision right now, would it be biased? Member Chabinak-Ball stated that I feel that we should not make a recommendation to the Council at this point. I want to see us table it and send it to committee for review. There was a short discussion on why the Commission should table the request and send it to committee. Member Chabinak-Ball made a motion to table the request by the City of The Colony to have the Comprehensive Zoning Ordinance of the City of The Colony amended relating to Section 10-300(14): Home Occupations, and refer to a committee(to be appointed) to re- view the ordinance and make recommendations to the Planning and Zoning Commission next week. Member Jue stated that if the Planning and Zoning Commissioners agree the ordinance needs to be amended, that states something is wrong, but if we keep it like it is, we say it is fine as written. Member Chabinak-Ball stated, not only that, but more important than that, we have to think about what we look like to our constituents, are they going to be able to think that we are a fair and equitable Planning and Zoning? It can be misconstrued if we act upon it to- night, by many people. I do not think we should act upon it tonight at all. The motion was seconded by Member Jue. Chairman Doss stated that he was concerned about the existing home occupation businesses until the ordinance gets resolved. I am con- Page 10 of 10 cerned about some of the citizens that spoke tonight, that are in violation of the ordinance, will they receive a citation? Mr. Hall stated that no one here tonight has jeopardiZed them- selves. They have given their input, thoughts, views and con- cerns about this ordinance. Nothing they have said willbe used against them. Vice-Chairman Owens stated that he agrees with Member Chabinak-Ball. I also want to say that I see nothing wrong with the ordinance. The intent is not to purposely hinder the City of The Colony. At this time a vote was taken. All Members voted in favor of the motion. Member Chabinak-Ball suggested 2 commissioners, someone from the Chamber of Commerce and 1 home occupation person to be on the committee. Chairman Doss asked Vivian Bedell if she knew of anyone to help out on the committee. Vivian Bedell said there was a board meeting tomorrow and she could possibly come up with a home business owner. Member Salmon and Member Wilson volunteered to be on the committee. 5. ADMINISTRATIVE STAFF PLANNER REPORT Bob van Til told the Commissioners that the zoning on 423 went through Council and was approved. With no further business to discuss, Member Wilson made a motion to adjourn. Member Salerno seconded and the motion passed with all Mem- bers voting aye. Meeting adjourned at 9:15 p.m. Robert Doss, Chairman Kay Corr~es, Recording Secretary Page 1 of 5 S55 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MARCH 12, 1991 A REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:45 p.m. at City Hall, 5151N. Colony Blvd., with the following Members in attendance: Lewis Jue Member Robert Wilson Member Carol Chabinak-Ball Member David Salmon Member with Chairman Doss, Member Salerno and Vice-Chairman Owens absent, however, a quorum was established. Also in attendance were David Rolbiecki, Building Official; Mike Lynch, Councilman; 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 FEBRUARY 12, 1991. With no corrections, Member Wilson made a motion that the minutes be approved. Member Salmon seconded, and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. REVIEW AND RECOMMENDATION OF A REQUEST MADE BY THE CITY OF THE COLONY, TEXAS, TO HAVE SECTION 10-300(14): OF APPENDIX A-ZONING OF THE COLONY'S CODE OF ORDINANCES RELATING TO HOME OCCUPATIONS AMENDED. Bob van Til stated that the Home Occupation Ordinance was passed on to the Planning and Zoning Commission for review and possible amendments. This ordinance was brought before the Commission on the 12th day of February during a Public Hearing, at which time the Commissioners decided to refer this issue to a sub-committee. This sub-committee consisted of two commissioners(Wilson and Sal- mon) and two members from the Chamber of Commerce(Bogan and Seid- ler). The sub-committee met twice over the last two weeks and have proposed amendments to the Home Occupation Ordinance for the Commissioner's consideration. The current ordinance is in your packets, in paragraph form. The strike-outs are deletions and parenthesis represent additions. First, we felt we had to identify where the home occupation occurs(premises, which includes the home, garage, and any accessory structures), by a member of the occupant's family, without the use of a sign to advertise the occupation, with- out ~{{e~ng(selling) any commodity ~ s~e without the use of equipment o~he~ ~ha~ ~ e~m~y ~ ~ the h~seh~ ~ which ~oes-~ create~obnoxious noise or other (undesirable)condi- tions to abuee&m~(surrounding) residential property, such as emission of odor, increased traffic, generation of (excessive) light or smoke, a~ed wl~£~ the u~is carried on inma4%e~rr~c~turc enly. Page 2 of 5 The following section relates to the type of equipment, we amended it to identify the equipment if it had adverse condi- ~ tions to surrounding property. The following paragraph - A home occupation specifically excludes the operation of a re- p~ shop, or ~a~a~e, a~e shop, ~e~ shop, ~e~ shop, v~ee ~e~v~M oN ~es~e~ p~em~ses(any uses prohibited by the schedule of uses in Section 10-200 of Appendix A-Zoning on residentially zoned property). Bob van Til stated that the committee struck the above, because they were already listed in Section 10-200. Materials used in connection with any commer- cial use on a residential lot or tract, shall not be stored on said residential lot or tract(in public view), except for a company vehicle of less than one ton carrying capacity(see also 13-103(2); limited to two (2) company vehicles on the premises) ~se~ ~o~ passe~ge~ ~a~spo~a~om o~y. (Each home occupation shall be registered and permitted by the City of The Colony's Inspection Department, for a fee, to ensure compliance with this section, any other local, state, or federal requirements, and any regulations pertaining to hazardous materials as defined by The Colony Fire Department, Environmental Protection Agency, or any other agency. All existing home occupations must make application for permitting within six months of passage of this ordinance. Future home occupations must be permitted prior to engaging in their chosen field of business. Bob van Til stated that a permit will be required, the city will issue the permit, and there will be equal treatment. (meaning: equal treatment of ~ all businesses: in-home and storefront!) Just like the building permit, this will ensure compliance with state and federal regu- lations(licensing and registration). The committee decided to make this retroactive, existing home occupations will have six months in which to apply for a permit, future home occupations will also be required to apply for a permit. Complaints against home occupations must be made to the Inspec- tions Department, accompanied with a detailed written account describing the nature of each complaint, without which the In- spections Department shall have no grounds to pursue the com- plaint.) Bob van Til stated that this will give the Inspections Department an opportunity to screen complaints. Member Chabinak-Ball asked how much the fee would be? Bob van Til stated that $25 had been recommended, the amount of the permit will be referred to the Fees Committee, which is comprised of City Council members. Member Jue asked how we would determine who had not paid for a permit. And how would we fine them, if they do not have a permit? Bob van Til stated that the city would get notice out to the public about getting their permits. There would be a fine if they were not in compliance. ~ Member Chabinak-Ball stated she was pleased with how the ordinance read. She asked if there were any comments? Page 3 of 5 357 Mike Lynch City Councilman The paragraph on home occupations, specifically Section 10-200 of Appendix A-Zoning, better take a closer look at that because right now in Appendix A, just about everything is prohibited except if they need a Special Use Permit. One other was: outside sales which is allowed with no permit. Basically, the only thing that would be considered as a typical home business is you may have a bar, lounge, tavern, beverage store, day nursery, eating place serving wine, and a private club. All of these are allowed in Section A residential area. Also in the new ordinance, (the old one recommended that the home occupation be in the main house) it includes accessory structures. There are 2 points - this is a home occupation, not a business in a home. Hoping you would clarify the Home Occupation Ordinance, not justify creating businesses run out of the home. There are a lot of empty storefronts that are too expensive for small businesses. It was stated in a previous meeting that there is no storage in this area, there is storage in the Eastvale area, and out by Phillip's Ranch. A home occupa- tion is something run by the family in the home, a home business has additional employees, so that is one change. Member Chabinak-Ball stated that the original ordinance allowed for 2 employees. Councilman Lynch stated 9nly members of the family, and now this one is taking on more than one additional person. Another thing some of these lots in some sections of town are very small, this would not allow for sheds for storage. The old ordinance did not allow accessory structures to be used, just the main structure. David Rolbiecki, Building Official, stated that another thing is that to carry on a business in an accessory structure, sanitary facilities would be required. Councilman Lynch stated that the other thing he was looking at that could possibly be a problem is the 2 company vehicles on the premises, certain sections of town have single car driveways facing the front, this will automatically force vehicles to park in the street. There was a short discussion on vehicles being parked in the street. Vivian Bedell stated that we don't need to make home occupations have an advantage over commercial businesses. I have to provide off the street parking for my employees and customers. In home occupations with employees will take up parking that is designated for the neighborhood. We need to remember this is a residential area, we need to be real careful. There was a short discussion on selling commodities from the home. That is not allowed, however, they can deliver, this will eliminate any increased traffic. There was more discussion on allowing vehicles parking on the street. Member Salmon spoke about the property taxes: he doesn't understand how the city ordinance can control what you report and what you don't report. Vivian Bedell stated that the county sends her an inventory re- quest and I place an approximate cost on my property. Page 4 of 5 855 Member Salmon stated that he agrees that all businesses should pay taxes, but what I am asking is what generated or initiated ~ that contact. Vivian Bedell replied that the registration of her business did. Member Salmon stated the home occupations should be in compliance with any local, state or federal regulations. As far as the p~rmit, it would be n~y~intent for the tax number to be in vicw. about the hum~ sales, if a customer comes in for service and actually buys a product, how do you cover this? You might put in the ordinance that anything that becomes a nuisance to the neighborhood, might cancel the permit. If we allow this what have we done to the property values? We will have businesses on all residential streets. This might become a stigma for us. There was a short discussion about accessory structures as to de- fining what the intent of their usage should be: to store material and equipment or to be the location of the business. There was a short discussion on repair shops. Member Wilson asked if any business that qualifies as a home occupation: can they ask for a variance from the Board of Adjust- ments and Appeals? Councilman Lynch stated no, that only if it had to do with safety, health, and possibly zoning. __ Bob van Til said the difference between the businesses listed here and the list of home occupation's is the home occupations meet the specifications as the ordinance is written today. A short discussion followed about having an employee makes you a business and if a member of your family works with you, you are considered a home occupation. Bob van Til discussed the issue of making the ordinance retroactive, versus grandfathering the existing Home Occupations Ordinance. Member Wilson stated that we could leave out Section 10-200 and exclude 6 types of buisnesses, then send the ordinance to City Council and let them choose to add or take away. Member Salmon stated that his intent is that a home occupation is not outwardly visible from the outside. Vivian Bedell stated that if you have to let the ordinance alone, then let it be on a complaint basis only. Allowing home occupa- tions to run, puts them on the same status as commercial property. In most home occupations, you find neighbors don't care, no com- plaints, probably have less than 10% of complaints made about home occupations. The public should be made aware that they can file a complaint and do so privately. It would be ok to have one room for a home occupation and offer no traffic, but if you have 29 people coming and going constantly, that is a problem. The answer would be to leave the ordinance as it is, have complainants fill out a complaint form. Page 5 of 5 853 Councilman Lynch stated that one of the things he liked about the Committee's work is the Inspection Department's possible permit fee that would give us a feel as to what is out there. The fact that people in home occupations are considering home occupations would have to fill out a permit. The wording can be associated with the permit rather than detail - could be general. At that time you would determine if it was a home occupation or a business, that is one of the great things about this. Member Chabinak-Ball stated she thought it should be sent back to committee. Member Salmon stated that to send it back to committee would not change it that much. Member Chabinak-Ball stated that is a good point as to whether or not we should even change it. I think the committee did a great job of putting it together. Why not enforce the existing one (ordinance) instead of rehashing this again. Mike Alianell City Councilman The existing ordinance is archaic, brutal and it pits neighbor against neighbor. It should be paid close attention to, to see that it isn't used as a battleaxe against someone you want to get back at. If a valid complaint is made and that person signs a complaint - any court of law should be able to use it. Councilman Lynch stated that if the permitting part is added to the ordinance, there would be a record in the city to answer if the home occupation has a valid permit and has been inspected, would not have to provide the manpower to check it out, would have all the information on record. Permit system would have list of home occupations. There was a short discussion about whether to send the ordinance back to the committee, have a Work Session or send it on to City Council the way it is. Member Wilson made a motion to have a Work Session with the full committee and the Planning and Zoning Commission to rework the Home Occupations Ordinance. Member Chabinak-Ball seconded the motion. The motion carried with all Members voting aye. Bob van Til stated that the next regular session on March 26, would be a Work Session. 4. ADMINISTRATIVE STAFF PLANNER REPORT Bob van Til stated that impact fees will be upcoming for the Commission to work on. With no further business to discuss, Member Chabinak-Ball made a motion to adjourn, Member Salmon seconded and the motion carried with all Members voting aye. Meeting adjourned at 8:45 p.m. ewi§ Jue, Ac~ Chairman Kay~C~ral~, -Recording Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MARCH 26, 1991 A REGULAR SESSION of the Planning and 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 Chairman Lewis Jue Member Carol Chabinak-Ball Member David Salmon Member with Vice-Chairman Owens, Members Wilson and Salerno absent, however, a quorum was established. Also in attendance were 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 MARCH 12, 1991. Three items were noted for correction by Member Salmon and will be corrected in the minutes. Member Chabinak-Ball made a motion to approve the minutes with the noted corrections. Member Salmon seconded and the motion carried with all Members voting aye. 2. CITIZEN INPUT Dick Weaver 4940 Hackney There was a short discussion on the golf course. 3. REVIEW AND CONSIDERATION OF A REQUEST MADE BY THE CITY OF THE COLONY, TEXAS, TO HAVE SECTION 10-300(4) APPENDIX A-ZONING OF THE COLONY CODE OF ORDINANCES RELATING TO HOME OCCUPATIONS AMENDED. Chairman Doss stated that the Commission needed to continue the discussion on the Home Occupation Ordinance and resolve any differences we may have. There was a discussion regarding selling of commodities, services, other business uses and the possibility of eliminating any refer- ences to specific businesses. The Commissioners also discussed allowing an employee to be hired in a home occupation. This would cause traffic problems, but it also puts a ceiling on the business growing too large. Vivian Bedell A home occupation is to help small businesses get started, when they reach the point to where they need to hire extra people, they are making enough money to get a storefront. Bob van Til stated that he worked with the sub-committee and he feels the following were their objectives: 1. No commodities sold or stored; 2. Not visible from the outside; 3. No hazardous materials stored; 4. No effect on surrounding homes; 5. Company vehicle limited to one (1) vehicle, less than 1 ton capacity; 6. Home occupation permit or regulated. There was a short discussion as to whether the complaint basis would be sufficient for home occupations creating a nuisance and who would determine if the traffic situation is creating -- a problem. The complaints would be handled by the inspectors in the Inspections Dept.. Chairman Doss suggested that they read over the proposed ordinance paragraph by paragraph and make any additions or deletions at this time. The following is the recommended Home Occupations Code(please note: underlined indicates added text and parenthesis ( ) indicate deleted text): 10-301(14): A home occupation is an occupation (carried) conducted on (in) the (home) premises which includes the home, garage and any accessory structures by (a member of the occupant's family) one of the residents without the employment of more than one additional persons other than the resident, without the use of a sign to advertise the occupation, without (offering) selling any commodity (for sale) on the premises, without the use of equipment (other than that customarily found in the household and)which creates obnoxious noise or other (obnoxious) undesirable conditions (to abutting residential property) such as emission of odor, increased traffic or generation of light and smoke to surrounding residential property. (and where the use is carried on in the main structure only.) (A home occupation specifically excludes the operation of a repair shop or garage, antique shop, beauty shop, barber shop, plumbing shop, manufacturing process, or similar sales or service activity on residential premises.) Materials used in connection with any commercial use on a residential lot or tract shall not be stored on said residential lot or tract in public view (except for company vehicles of less than one ton carrying capacity used for passenger transportation only). Only two company vehicles such as a pick-up truck or panel truck not exceeding one ton gross registered carrying capacity shall be allowed on the premises. Each home occupation shall be registered and permitted by the City of The Colony's Inspection Department, for a fee, to ensure com- pliance with this Section, and any other local, State or Federal requirements; and any regulations pertaining to hazardous materials as defined by The Colony Fire Department, Environmental Protection Agency or any other agency. All existing home occupations must make application for permitting within six (6) months of passage of this Ordinance. Future home occupations must be permitted prior to operating. Complaints against home occupations must be made to the Inspections Department, accompanied with a detailed written account describing the nature of each complaint; without which the Inspections Depart-'- ment shall have no grounds to pursue complaints. Member Salmon made a motion to recommend the Home Occupation Ordinance as stated above to the City Council for review. Member Chabinak-Ball seconded and the motion carried with all Members voting aye. 8( 3 4. ADMINISTRATIVE STAFF PLANNER REPORT Bob van Til stated there was no report at this time. With no further business to discuss, Member Chabinak-Ball made a motion to adjourn, Member Salmon seconded and the motion carried with all Members voting aye. Meeting adjourned at 9:50 p.m. Carol C~abina~-Ball, Acting Chrmn. K ~-- 'le - -~1 ' etary MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON APRIL 9, 1991 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 8:00 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in atten- dance: Lewis Jue Member Carol Chabinak-Ball Member David Salmon Member Billy Owens Vice-Chairman with Chairman Doss, Members Salerno and Wilson absent, however, a quorum was established. Also in attendance were Tommy Turner, Director of Public Works; 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 MARCH 26, 1991. With no corrections, Member Salmon 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. REVIEW AND RECOMMENDATION OF A PRELIMINARY PLAT AS REQUESTED BY FOX AND JACOBS, INC., FOR A 38.01 ACRE TRACT AND OF THE B.B.B. AND C.R.R. SURVEY, ABSTRACT NO. 181, THE B.B.B. AND C.R.R. SUR- VEY, ABSTRACT NO. 173, AND THE SAMUEL HAYES SURVEY, ABSTRACT NO. 648, IN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, KNOWN AS LAKE RIDGE ESTATES, ON THE WEST SIDE OF FM 423 AND NORTH OF S. COLONY BLVD.. Bob van Til stated that this is a preliminary plat, contains 38.01 acres, proposing 116 lots, this development is located west of FM 423 and north of South Colony Blvd.. I would like to make a distinction between a preliminary plat and a final plat, to clarify the procedure to you. As you recall, we pre- viously rezoned this property from Multi-Family, Office and Shopping Center to Single Family 4 and Shopping Center in Feb. 1991. A preliminary plat primarily allows the city to see all zoning requirements are met, to examine the infrastructure to see how much the city will be required to maintain, and allows the city to examine the basic design of the subdivision, in re- gard to public safety, traffic impact, etc. A final plat in- cludes the engineers documents, final easements and the right of ways are identified, according to discussions based on the preliminary plat. Throughout the review of this particular preliminary plat, Fox and Jacobs has complied with practically all of the city's requirements. However, there are a couple of outstanding issues that need some attention. One, is a left turn stacking lane on Hetherington Court, this is on the west side of FM 423, and serves 5 lots. We are recommending that (Page 1 of 5) Fox and Jacobs install a 60' left tur~ lane to facilitate the left turn, this is a safety issue. Second, that they ~ install a 27" sanitary sewer. The sanitary sewer is in our master plan; it does call for a 27" sanitary sewer line to be extended on the western edge of that property. We have identified that line to be at least a 27" line. We have indicated to Fox and Jacobs that this subdivision must be constructed with a 27" line included in this development. The extension of oversized lines, roads, water and sewer lines are part of our basic development policy. Fox and Jacobs has proposed an 8" line, on the plans before you, but have agreed to install the 27" line at a later time and will run the 27" lineparallel to the 8" line. Third, is the extension of S. Colony Blvd.. The issue at hand is the city's thoroughfare plan requires that S. Colony be extended to the west to in- tersect with Street E(north-south thoroughfare) of the subdivision. The plan calls for a 4D-C (4 lanes divided - 100' ROW 4-12' lanes). In the review of that requirement, and physical restraints in the area, city traffic engineer, Hal Jones, has recommended that we downgrade that road to 4U-B (4 lanes undivided - 60' ROW). The city is agreeable to this, but what we need to discuss at this time is that the developer install half of that road now and the other half extended to the south as the property is developed in the south planning unit. In general review of the informa- tion and issues the City Staff recommends that the Planning and Zoning Commissioners recommend approval of the plat con- .-- tingent upon the 3 items mentioned. 1. That the developer gives the city a letter of commitment for the 27" sanitary sewer line. 2. The 60' left turn stacking lane on FM 423 at the proposed Hetherington Court. 3. That the developer install the other half of the 4U-B thoroughfare when the south planning unit is developed. There was a short discussion on how close the State Highway Dept. would allow cutbacks on FM 423. Member Jue questioned about the left turn at Street D. Derek Earle, of Fox and Jacobs, stated that the city requesting the left turn there is no problem, but the city is requiring us to install the left hand turning lane on Hetherington and I feel that the median opening at Hetherington is wide enough to handle the traffic, there are only 5 lots on the cul-de-sac. Mr. Earle said he would like to address a few issues: we have just discussed the left turn lane on Hetherington and second, is installing the 27" sanitary sewer. Centex will provide a letter of agreement that it will be installed. Member Salmon asked where would the line be constructed? Mr. Earle stated that the 27" line would tie into the existing -- city liftstation north of our property down on the west side, along the Corp property and off to the south. Mr. Earle said one other issue I would like to bring up, I think we may have a little confusion. Mr. Van Til, I would like to address one issue, that is South Colony Blvd.. One of the reasons that the city will allow us to build only two lanes on S. Colony Blvd. (Page 2 of 5) from the existing street from the subdivision is that two lanes are all that is necessary. I would like to read from the letter the comment that city staff made regarding this issue. Quote, "It must be clearly understood that the city expects that the other two of the 4 lanes be installed to the south extending down to the south planning unit." All this tells me is that at some point in the future the city will decide to extend this Street E on down from the north to the south, that the other two lanes will have to be constructed. The indication in this letter is that Centex be required to construct these other two lanes. I think we are at a little bit of a difference here. I take exception to constructing these other two lanes, mainly because you have another property owner to the south of us, he should be responsible for the portion of the street that crosses his property. Because that is another very important issue that I cannot agree to at this point in time to extend this Street E from this pro- perty all the way to the south planning unit. You are talking about a very substantial cost, I can't tell you what the cost would be, a bridge crossing the Corp of Engineer easement, with engineering, would be a substantial cost, estimate up to 1 million dollars. Unless Bob has a different understanding of that, we take exception to that, we do not feel this should be tied to this subdivision. Have I misunderstood that or is that the intention of that comment? Bob van Til replied that his intent in that statement was that when the development to the south was developed, that the street be part of the development. Derek Earle stated that the reason they did not make a comment on that was because what we received from the city staff was unclear. In my opinion, when you look at it and see you have another property owner, he should be responsible for his por- tion of that road also. As well as the issue of extending that street all the way to the south across the corp property to the south planning unit, again, I don't think that this is part of this tract. I think that is an issue that needs to be negotiated with the City, possibly when the south planning unit is done. Again this is off tract, and does not relate to this property. Bob van Til stated that the context was that the street will be added when the development (south planning unit) is started. Derek Earle said which again we can pick up the street at our north propertyiiine and carry all the way to the south, that's no problem. The real issue here is making that connection with a bridge and substantial cost to cross the corp property, and that is the issue that I cannot commit to. Bob van Til stated that the city won't expect the streets to be put in until the southern unit is developed. Derek Earle stated that Fox and Jacobs will provide a letter of agreement on the sanitary sewer but not on the street. There was more discussion on the street to the southern develop- ment. Bob van Til stated that both the 27" sanitary sewer and the thoroughfare are understandably separate projects in the southern development. Both will be required by the city staff. (Page 3 of 5) Derek Earle said our standpoint again, is that the 27" sanitary sewer crosses our property, so does the street. We have agreed to build the 27" sanitary sewer and to build the street across our property, we cannot agree to build any further south. If there is some confusion as to our building the street further to the south, I need to take exception to it, that's all, we agreed to build it across our property, I can't make a future commitment on a street that I don't know if we are going to be responsible for extending the street. That's my position, that's all I have to say on the project right now. Bob van Til stated that in the letter sent to Centex, in my mind we never had any misunderstanding of who was to build the road and when it was to be built It is not impossible to expect the land owner to develop and expand the road fur- ther to the south, of course this needs to be worked out when the development occurs to the south. There was a short discussion on the left turn lane on Hether- ington. There was a lengthy discussion on the effect on the drainage at Sutton Place. Terry Mitchell, Carter and Burgess, stated that the reason the water is not draining properly at the current time, is that the box culvert under FM 423 is too small, the state needs to replace it with a larger one. Mr. Mitchell stated that the new development will have it's own channelization and will not effect Sutton Place. There was some discussion on Street D and as to why it was moved from its original location. Derek Earle stated that it was requested by the city to be moved directly across from Hetherington. Bob van Til was asked why the city wanted the street located there. Bob van Til replied One of the reasons that we requested that Street D be punched through to 423, basically the original design we had discussed with Mr. Earle was in conflict with very basic traffic planning principles, one very simple issue was public safety. We have the fire station on S. Colony Blvd. and the police station on N. Colony Blvd., that's the easiest way I can get that across. Second, a highly irregular mix of residential use of property with non-residential use of property. Particularly what they had proposed to bisect a commercial tract directly across from residential property. The primary problem would be routing traffic in and out of that property, would mix residential with commercial. Commercial traffic is 3-4 times more traffic than a residential area and certainly warrants signalization sometime soon in the future. Third, it is un- common in our city - to have residential streets crossing non-residential property. The location of Street D is a good location in our opinion, there is a drop in elevation and yes, speed picks up. Every turn lane on that highway is based on that speed. It was suggested that Street D be moved up further south. Derek Earle made a statement that he will concur with the left hand turn at Hetherington Court, as far as the entry of Street D, I am somewhat limited to move it to the north. (Page 4 of 5) Member Chabinak-Ball asked Mr. Earle if he was comfortable with where Street D is? Do you prefer where it was originally? Derek Earle stated that he has no objection to it, if I really had a preference and assuming we did not have the homeowners here, probably I would have it where it is, it does not divide commercial traffic, if I had a preference I would rather see it there. Member Chabinak-Ball wanted to make sure she was clear as to where we are all at. We are going to have the left hand turn stacking lane and you will write a letter of commitment to in- stall the 27" sanitary sewer line? Derek Earle stated that we are complying with the master plan. We are building the street across our property and extending the sewer line, we are in compliance with the master plan. A short discussion followed about the street extending to the southern development. Member Chabinak-Ball made a motion to approve the preliminary plat as requested by Fox and Jacobs, Inc., contingent upon the following: 1. That Fox and Jacobs, Inc., write a letter of commitment to add the 27" sanitary sewer line 2. That Fox and Jacobs, Inc., add a 60' left turn stacking lane on FM 423 at the proposed Hetherington Court Member Salmon seconded and the motion carried With all Members voting aye. With no further business to discuss, Member Chabinak-Ball made a motion to adjourn. Member Salmon seconded and the motion carried with all Members voting aye. Meeting adjourned at 9:47 p.m. Ca~ol-Chabinak-Ball Acting Chrmn. Kay cbr~les, Recording Secretary 571 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MAY 28, 1991 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: Robert Wilson Member Bob Salerno Member David Salmon Member Carol Chabinak-Ball Acting Chairman with Chairman Doss and Member Jue 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 APRIL 9, 1991. 2. CITIZEN INPUT None at this time 3. PUBLIC HEARING AS REQUESTED BY MR. HAMBY, TO HAVE THE COMPRE- HENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE COLONY, TEXAS, AMENDED SO AS TO GIVE A SPECIFIC USE PERMIT FOR A VIDEO ARCADE IN A SHOPPING CENTER DISTRICT, GENERALLY LOCATED AT 6805 MAIN, #485, THE COLONY, TEXAS. Bob van Til gave the Commissioners a map indicating the location of the proposed video arcade in the shopping center. It's pro- posed location is in the new Winn Dixie Shopping Center at N. Colony Blvd. and 423. This is currently zoned Shopping Center. The procedure is that Mr. Hamby would have to apply and obtain a Specific Use Permit. In preparation of this Public Hearing, 54 notices were mailed out to residents living within 200' of the shopping center. As of this date, we have received 4, all not in favor. The proposed use is not inconsistent to Shopping Center uses, it is a retail district. The applicant needs to apply for a Specific Use Permit, and follow the rules and regu- lations from the Police Dept. pertaining to video arcades. Mr. & Mrs. Hamby are here tonight if you have any questions. Mr. Hamby stated that he and his wife have lived in The Colony for 3 years in Lakeway Estates. We noticed an abundance of teens gathering in the parking lot and not much entertainment for them. We are hoping to provide some type of entertainment for them and that is why we are petitioning for a Specific Use Permit to open a video arcade. Acting Chairman Chabinak-Ball wanted to know the exact location. Mr. Hamby stated it is located in Suite #485 where the jewelry shop used to be, on the northwest corner of the new Winn Dixie Shopping Center. At this point, we don't see where there would be cause for congestion or problems with traffic. We plan to be open from 10am-10pm, Sunday-Thursday and on Friday and Saturday stay open until 12pm. 8 7 2 Member Wilson wanted to know who would be in charge of running the video arcade. Mr. Hamby stated that his wife would be in charge. Member Wilson wanted to know how they would control the ages of their customers. Mr. Hamby stated that anyone below 13 would not be allowed in without a parent or guardian. He stated that he was a good judge of guessing ages, if in question, he can always call the parents. There was a discussion about hiring someone part-time, providing bicycle racks and how to control skateboarding on the sidewalk and the type~Ofgames they would have. A short discussion followed. Member Salerno 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 FOR A SPECIFIC USE PER- MIT FOR A VIDEO ARCADE LOCATED AT 6805 MAIN STREET, ~485, AS REQUESTED BY MR. HAMBY. Member Salmon wanted to know Captain Carroll's input on the arcade. Bob van Til stated that the Police Dept. is not overly concerned about any problems the arcade may create. The last arcade the city had, approximately 8 years ago, they confiscated some alco- holic beverages and broke up some fights. With no further questions or comments, Member Wilson made a motion to approve Mr. Hamby~s request for a Specific Use Permit for a video arcade located at 6805 Main Street, ~485. Member Salmon seconded and the motion carried with all Members voting aye. 5. REVIEW AND RECOmmENDATION OF LAKE RIDGE FINAL PLAT AS PRESENTED BY FOX AND JACOBS, INC., CONSISTING OF APPROXIMATELY 37.6 ACRES, GENERALLY LOCATED WEST OF FM 423 and NORTH OF SOUTH COLONY BLVD.. Bob van Til stated that the usual process is to submit a pre- liminary plat for.approval, the next step is to submit a final plat. At the same time the final plat is submitted, construction plans are also turned in for approval from city staff. The plat has to be approved by Planning and Zoning, then goes on to Council. As you recall during our preliminary plat approval, that Fox and Jacobs will: 1. Install one half of the extension of South Colony Blvd.(i.e. 2-11' lanes of 4-11' lanes), 2. That a northbound left turn stacking lane be installed at Hetherington Court as well as Street "D", 3. That the 27" sanitary sewer, as indicated on the master sanitary sewer plan, be installed when the south planning unit is constructed. 573 During the process of reviewing the sub-division plans, the engineers made some changes, these are reflected on the plats you have tonight. These do meet the requirements we have in our Engineer Design Manual. There are some major items of concern: 1. The first is the acquisition of the right-of-way for the con- struction of the extension of S. Colony Blvd.. It is impera- tive that the developer provide assurances to the city that the road is not unduly delayed due to hold-ups in obtaining rights to the property for the road. 2. Drainage easements must be secured over the Corp of Engineer's property as well as an easement for the installation of the sanitary sewer line across the Corp's property on the north side of the project. It is staff's recommendation that the Commissioner's recommend approval of the plat to Council providing that the developer secure all required easements and right-of-ways prior to pre- sentation of the plat to the City Council. Mr. Earle and Mr. Mitchell are here to answer any questions you may have. Acting Chairperson Chabinak-Ball asked Mr. Earle if he actually agreed with everything that Bob van Til said? Mr. Earle stated that he did, the only thing outstanding is the addition to S. Colony. Bob has talked to the same gentle- man, who owns the land, he has been very helpful. We have to go through the FDIC to get it approved, it is just a matter of time. I personally feel we are in really good shape. Acting Chairperson Chabinak-Ball asked if the FDIC can hold things up? Mr. Earle stated that if for some reason it was denied, F&J would ask the city for an arrangement for temporary access to the con- struction site. I don't anticipate any problems, we have positive views from their engineers, the asset manager, and his engineer. Potentially they realize that Centex pays for the street, then more traffic goes to their property. It is to their advantage to grant the right-of-way. There was a short discussion about the drainage on 423 and that it was designed for the 100 year flood plan. With no further questions or comments, Member Salmon made a motion that the Lake Ridge Estates final plat be approved and sent to Council pending a favorable indication of all right-of- ways and points of discussion with the city staff are in a favorable situation. Member Wilson seconded and the motion carried with all Members voting aye. With no further business, Member Salerno made a motion to adjourn. Member Wilson seconded and the motion carried with all Members voting aye. Meeting adjourned at 8:30 p.m. Carol Chabinak-Ball, Acting Chrmn. Kay ~or~les, ReCording Secretary HELD ON JUNE 11, 1991 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 N. Colony Blvd., with the following Members in attendance: Robert Wilson Member Bob Salerno Member David Salmon Member Carol Chabinak-Ball Acting Chairperson A quorum was established. Also in attendance were: Bill Hall, City Manager; Kay Corrales, Recording Secretary; at which time the follow- ing items were discussed: 1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON MAY 28, 1991. With no corrections, Member Salerno made a motion that the min- utes be approved. Member Salmon seconded, and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. PUBLIC HEARING AS REQUESTED BY MR.BARNEY TO HAVE THE COMPREHEN- SIVE ZONING ORDINANCE AND THE ZONING MAP OF THE COLONY, TEXAS, AMENDED SO AS TO GIVE A PIECE OF PROPERTY A SPECIFIC USE PERMIT FOR RETAIL STORES AND SHOPS OTHER THAN LISTED IN SCHEDULE 10-200 OF APPENDIX A-ZONING (PRINT SHOP) IN A SHOPPING CENTER DISTRICT; GENERALLY LOCATED AT 5201 SOUTH COLONY BLVD., SUITE 600, THE COLONY, TEXAS, 75056. Member Salerno made a motion to open the Public Hearing, Member Wilson seconded and the motion carried with all Members voting aye. Mr. Hall stated that we have a request from Mr. Barney, who is in attendance tonight, for a Specific Use Permit to open a print- ing business in the old Winn Dixie Shopping Center. We first re- viewed our zoning ordinance for the type of business he has currently in Carrollton, Morningstar Printing. We had some con- cerns over the way that our zoning ordinances were written. For the type of business he has, there is no specific area in our zoning for that. We had to review the zoning ordinances at staff level and had some input from individual council members. As Bob addresses~in the attached memo, there are 2 specific areas that are relatively close to a printing shop: #114, duplication shop; #166, job printing, lithographer, printing or blue printing plant. Mr. Barney's business does not fall into either category. In an attempt to do two things: economic development and try to enhance small busi- ness in the city, we researched to see if we could categorize a little bit differently. We have an awful lot of empty storefronts. In conversing with Mr. Barney as to what his business would be do- ing, etc., we have gone to category #119 in our zoning ordinance. This is defined as "any establishment not listed in the use sche- dule, 10-200, offering consumer goods for inside sales". The addi- Page 1 of 3 tional problem with this type of business is in fact allowed in general retail and not allowed in a shopping center. We _~ could not determine if this business would produce undue noise or be a detriment to the environment. In looking at 9119, it does require a S~ecific Use Permit in a Shopping Center District. The recommendation that we have for the Planning and Zoning Commission is to consider a Specific Use Permit to allow this particular business to go into that shopping center. In con- formance with our zoning ordinance we are required to send out notices to residents and businesses within a 200' area of the property requesting the zoning change. We sent out 55 notices, we have received 4, all in favor of the zoning change. Mr. Barney is in attendance tonight, if you have any questions. Acting Chairperson Chabinak-Ball asked Mr. Barney to tell the Commissioners about his business. Mr. Barney stated that he owns Morningstar Printing in Carroll- ton. Four years ago I wanted to open my business in The Colony, but the rent was too high. But in the last few months, rent has come down considerably, especially the old Winn Dixie Shopping Center. Most of my customers are in The Colony, that is one rea- son~ why I would like to move here. In my business, I do printing, nothing out of the ordinary. I do quality printing, I do not have any elaborate type of machinery, just standard. Up until 2 months ago, I did everything myself, I now have a part time worker. I am a small business, I intend to stay small. I don't use anything out of the ordinary typesetting equipment. -- Member Salerno asked if Mr. Barney intended to move from Carroll- ton? Mr. Barney stated, yes. Member Salerno wanted to know if Mr. Barney is a resident of The Colony? Mr. Barney replied, yes for 7 years. Member Salmon inquired as to what Mr. Barney did with his inks and solvents? Mr. Barney stated, you mean waste? Waste within the shop, I bag up for normal trash pickup. This is consistent with other print shops. Nothing in large volumes. I have talked to the EPA, when they came to the shop to check environmental protection. There is nothing I use that is a detriment to the environment. I use ounces a week, not a significant amount. I use nothing that is not used by the majority of printers. Member Wilson made a motion to close the Public Hearing. Member Salerno seconded and the motion carried with all Members voting aye. 4. REVIEW AND RECOMMENDATION FOR A SPECIFIC USE PERMIT AS REQUESTED ~ BY MR. BARNEY FOR A PRINT SHOP LOCATED AT 5201 SOUTH COLONY BLVD., SUITE 600, THE COLONY, TEXAS, 75056. Member Salerno made a motion that the Specific Use Permit re- quested by Mr. Barney for a print shop located at 5201 South Colony Blvd., Suite 600, The Colony, TX, 75056, be approved. Page 2 of 3 Member Wilson seconded. The motion carried with all Members voting aye. With no further business, Member Wilson made a motion to adjourn. Member Salerno seconded and the motion carried with all Members voting aye. Meeting adjourned at 7:55 p.m. Carol Chabinak-Ball, Acting Chrmn. Kay'Co~ales, Recording Secretary Page 3 of 3 S73 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JULY 9, 1991 A REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151N. Colony Blvd., with the following Members in attendance: Tom Bogan Member Bob Salerno Member Bob Woodard Member Ralph Mitchell Member Robert Wilson Member David Salmon Member Carol Chabinak-Ball Acting Chairperson 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. WORKSESSION: a. INTRODUCTIONS - at this time each Member introduced themselves. b. OVERVIEW OF DUTIES AND RESPONSIBILITIES At this time Bob van Til went over some of the duties of the Commissioners, this included: zoning maps, zoning and sub- division codes, various items the Commissioners are required to act upon and meeting schedules. 2. NOMINATIONS TO ELECT A CHAIRPERSON AND A VICE-CHAIRPERSON. Bob van Til informed the Commissioners that they could table this item if they did not want to vote on this tonight. The Commissioners wanted to go ahead and vote tonight. Tom Bogan made a motion to nominate Carol Chabinak-Ball as Chair- person, David Salmon seconded, and the nominations ceased. Carol Chabinak-Ball was voted Chairperson, unanimously. David Salmon made a motion for Robert Wilson to serve as Vice- Chairperson, Bob Salerno seconded and the nominations ceased. Robert Wilson was voted Vice-Chairperson, unanimously. 3. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON JUNE 11, 1991. With no corrections, Member Salerno made a motion to approve the minutes. Member Wilson seconded and the motion carried with all Members voting aye. 4. CITIZEN INPUT None at this time. 5. REVIEW AND RECOMMENDATION OF A SITE PLAN AS SUBMITTED BY BLOCK- BUSTER VIDEO, LOCATED ON BLOCK 1, LOT 1, OF FOOD LION ADDITION, CONSISTING OF APPROXIMATELY 0.738 ACRES, GENERALLY LOCATED ON THE SOUTH EAST CORNER OF CHOWNING CIRCLE AND FM 423 IN A GENERAL RETAIL DISTRICT. Bob van Til stated that this site plan is for Blockbuster Video Store, which will be located on the south east corner of Chown- ~ ing Circle and FM 423, just north of Food Lion. The City Staff has reviewed the site plans. We have requested some small changes be made, with this taken care of, the City Staff recommends approval of the site plan. Member Wilson questioned about the 1" PVC conduit being plastic. Member Bogan s~ated that it meets National Code. There was some discussion on the sidewalk being 5 feet. Bob van Til stated that the sidewalk would be 5 feet on the west side and 4 feet on the north side, to extend the 4 foot sidewalk that is already in place. There was a lengthy discussion on the landscaping. The site plans has a 1 gallon Indian Hawthorne plant, which the Commission- ers wanted changed to a more hardy Texas plant. The gentlemen from H&M Associates of Texas, Inc., Douglas V. Davies and Richard Munoz, stated that there would be no problem to change the plant to another type. Members Bogan and Salerno stated they would like to see some trees and shrubs planted in front of the store. Vaughn Miller with Vance Miller Development Group, stated that Blockbuster Video will not place trees, shrubs or anything that is high in front of their stores. The key thing to Blockbuster is visibility. We asked up front what the landscaping require- ments were. This site plan is consistent with others we have __ built in surrounding cities and has the same landscaping. After a short discussion, Member Salerno made a motion to approve the site plan as submitted by Blockbuster Video, located on Block 1, Lot 1, of Food Lion Addition, consisting of approximate- ly 0.738 acres, generally located on the south east corner of Chowning Circle and FM 423 in a General Retail District, with the following stipulations: 1.) that seasonal color be added at the entrance 2.) that the Indian Hawthorne plant be replaced with a shrub from the dwarf Holly family. Member Bogan seconded and the motion carried with all Members voting aye. With no further business to discuss, Vice-Chairman Wilson made a motion to adjourn. Member Bogan seconded and the motion carried with all Members voting aye. Meeting adjourned at 9:05 p.m. Carol Chabinak-Ball, Chairperson Kay Co~les, Recording Sec. MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JULY 23, 1991 A REGULAR SESSION of the Planning and 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 Vice-Chairman Ralph Mitchell Member Bob Salerno Member Tom Bogan Member Carol Chabinak-Ball Chairperson  b~rt W~odard ~enlber vid Salmon ~emDer 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 JULY 9, 1991, REGULAR MEETING. With no corrections, Member Bogan made a motion to approve the minutes. 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. BUTLER TO HAVE THE COMPREHEN- SIVE ZONING ORDINANCE AND THE ZONING MAP OF THE COLONY AMENDED SO AS TO GIVE A PIECE OF PROPERTY LOCATED AT 7204 MAIN STREET, ON LOTS 89-93, BLOCK 1 OF GARZA LAKES ESTATES ADDITION A SPECIFIC USE PERMIT FOR THE OPERATION OF A PRIVATE CLUB IN A GENERAL RE- TAIL ZONE. Bob Salerno made a motion to open the Public Hearing. Vice-Chair- man Wilson seconded and the motion carried with all Members voting aye. Mildred Woodruff 7135 Elm I live behind the parking lot of this property, the noise, drunk- enness and music will go on until 2 or 3 in the morning. I can not have all that noise back there. I have lived here 24 years before Eastvale was incorporated. This property is 50 feet away from my back door, I will have drunks, etc. at the back fence. I hope you find it in your heart to vote against this club. Mark DePriest 4638 Jenkins Circle This property is within 1000 feet of the Oasis Liquor Store, when you mix alcohol, dancing and music you have a bar or club, this will create a lot of noise, fights(with children living right a- cross the street), and will cause a traffic problem as well as a trash problem. I feel like the city should have sent notices to the renters as well as the owners. Also no reply date on the no- tices, lot of the letters not in by Friday. Member Woodard asked Mr. DePriest when he received his letter and how close he lived to the property. Page 1 of 4 883 Mr. DePriest stated he received his notice in plenty of time. He lives on the cul-de-sac across from Hwy 423. Mr. DePriest is con- cerned about the lights shining into his home and a car could fish- ~ tail and come straight towards his home. Clyde Tinkle I own 9 lots within 200' of this particular property and I was not notified. I was told by Mrs. Woodruff as to what was going on. Where are they going to park, they say they have 1 ingress and 1 egress, that is not true they only have 1, because the other is on my property. I'm not saying whether they should have a Speci- fic Use Permit or not, it really bothers me that I was not informed of what was going on. James Ramsey I own lots 77-88, just north of the building. The building has been through some changes, when Bingo was there, they had some serious parking problems. At 7228 Main, a family is currently residing there. I agree with the opposition in this case, I hope this will not go through. Vince Boldin Horizon Reality In Mr. Tinkle's contract, when he purchased his property, it states he will always allow ingress and egress. Mr. Tinkle stated that it says he would not put up any fences. Mr. Boldin stated that as far as parking goes, there are 8 lots ~ on Elm that Mr. Butler can lease or purchase. As far as being close to residences, this property is zoned Commercial. Highway 423 will be a 4 lane in the near future. Mr. Butler plans on a class operation, with extensive remodeling inside and out. There will be valet parking on busy nights. Four other lots on W. Lake Highlands and 423 are available for parking, this along with the 8 lots on Elm will provide enough parking for 48-52 cars. Member Bogan asked about the dollar value on remodeling. Mr. Boldin stated at roughly $50,000, will install new walls and ceilings which will buffer the sound. The landscaping will be country and western motif, cactus, etc.. Member Salmon asked what the typical headcount would be? Mr. Butler stated we have forecasted different head counts, don't really know right now. We will have a western motif, dance floor, live bands once and a while on the weekends, most of the time we will have a jukebox or D.J.. We are requesting a Specific Use Per- mit, before going into expensive remodeling and a site plan. We will be like Bennigan's and Chili's, restaurant facilities are currently in the building and used previously. Everything up and down Hwy 423 is zoned Commercial. We are not asking for a zoning change, but a Specific Use Permit for beer, wine, and liquor. With- in..~ a designated area of our property, 4 sell liquor: Angelina's -~ across from 7-11; OB's same as Stop & Go; O'Riley's next door to a Liquor Store; and Pappalou's sells the same as 7-11. We will not allow a brawling crowd. As far as remodeling costs go, it will be closer to $100,000-$150,000. We do request full hours for lunch, dinner and possibly breakfast. The entrance and exit will be double doors to help hold down the noise. The traffic up and Page 2 of 4 down Hwy 423 is approximately 30,000 cars a day, how much traffic can a little 4800 sq. ft. operation add to that? This will be a family oriented operation, it will be clean and pleasant. We want to build a base in this town for a clean group of people. For the people at J.C. Penny, Frito Lay, and EDS to come to lunch and a place to stop by after work, we do not plan on having a sleezy bar. Member Mitchell asked Mr. Butler if he has another business of this type? Mr. Butler stated no, that he has owned Frisco Tire Company for 8 years and owns Housecall Automotive. Member Bogan wanted to know what type of menu Mr. Butler plans on having and Member Salmon wanted to know the projection of what the percentage would be for the restaurant and for drinking and dancing. Mr. Butler replied that his menu would start out as old style ham- burgers, not fast food, but a quick operation like Chili's or Benni- gan's. The percentage as far as the restaurant and dancing goes would be 60-40% during the week for the restaurant and the opposite flow on the weekend. There was some discussion on minors being allowed in on Friday or Saturday nights. Mr. Butler stated that memberships would be re- quired and minors without parents would not be allowed. Chairperson Chabinak-Ball asked what type of fence would be placed in the back? Mr. Butler stated that there would be no problem, he would do any- thing that would make Mrs. Woodruff happy. Comments were made about the parking lot being required to be paved. Mr. Butler stated that paved or not paved is no problem, just getting a Specific Use Permit. Claudia Fenlow 7228 Main I live just north of the property, we have a total of six children, all boys. If they put that club in we will be forced to move out of The Colony. Mr. Ramsey has been very gracious to let us live there, I am unable to work but for 3 hours a day, to help provide a home for the kids. I have mowed the lot in question for the last year, no one mowed last summer but myself. We have enough problems with trash as it is now. I also feel like there will be a problem with theft, there is no reason for this establishment to go in. We have enough night clubs and bars in The Colony. This club will be just like the Midnight Club, there was prostitution, drugs and vio- lence going on, I don't think we want to see that going on here. With no further comments or questions, Member Salerno made a motion to close the Public Hearing. Member Bogan seconded and the motion carried with all Members voting aye. 4. REVIEW AND RECOMMENDATION ON A REQUEST BY MR. BUTLER FOR A SPECIFIC USE PERMIT TO OPERATE A PRIVATE CLUB IN A GENERAL RETAIL ZONE LO- CATED AT 7204 MAIN STREET, THE COLONY, TEXAS. Member Salmon wanted to know if there were any other notices re- ceived other than the one in the packet. Page 3 of 4 Bob van Til stated yes, we received 5 others: 4 against and 1 in favor. There were 27 notices mailed out - 60% were in The Colony and 40% were sent to owners outside of The Colony. Total received were 8. Chairperson Chabinak-Ball reminded the Commission that because of the laws of the local option election held in Eastvale the private club is ~quite legal and within the law. With no further questions or statements, Member ~Mitchell made a motion to deny the Specific Use Permit. Member Bogan seconded and the motion carried with all Members voting aye, with the ex- ception of Chairperson Chabinak-Ball abstaining. 5. REVIEW AND RECOMMENDATION OF SECTION 2.04(e) OF THE ENGINEERING DESIGN MANUAL. Bob van Til stated that the sidewalk requirements have come under question due to the fact that new commercial development is re- quired to install five foot wide sidewalks. This, in some in- stances, would require that five foot wide sidewalks be installed as extensions of four foot wide sidewalks. The width of sidewalks is noted in Section 2-04 (e) of the Engineering Design Manual. This section states that: 4 foot wide sidewalks in residential area; 5 foot wide sidewalks in commercial areas; if the sidewalk is adjacent to the street (i.e. up against the curb) a 6 foot wide sidewalk "will be considered for approval where warranted"); where screening walls are required, the sidewalk shall be constructed against the screening wall. After a short discussion, Vice-Chairman Wilson made a motion to recommend that if a four foot wide sidewalk exists and a new development is required to extend the sidewalk, that the same sidewalk width be required for the extension. The same would hold true for five or six foot wide existing sidewalks. If special de- sign constraints occur, the Director of Public Works may take that into consideration and reduce or increase the width of the side- walks. Member Salerno seconded and the motion carried with all Members voting aye. With no further business to discuss, Member Salerno made a motion to adjourn. Member Bogan seconded and the motion carried with all Members voting aye. The meeting adjourned at 8:50 p.m. Carol Chabinak-Ball, Chairperson K~ C~rales, Recording Secreta/LY Page 4 of 4 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON AUGUST 13, 1991 A REGULAR SESSION of the Planning and 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: Tom Bogan Member Ralph Mitchell Member David Salmon Member Carol Chabinak-Ball Chairperson Bob Salerno Member Vice-Chairman Wilson and Member Woodard were absent, however, a quorum was established. 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 23, 1991. With two corrections noted, Member Salmon made a motion that the minutes be approved. Member Mitchell seconded and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. PUBLIC HEARING AS REQUESTED BY ELIZABETH WARD TO HAVE THE COMPRE- HENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE COLONY, AMENDED SO AS TO GIVE A SPECIFIC USE PERMIT IN A SINGLE FAMILY(S.F.) DIS- TRICT FOR THE OPERATION OF A DAYCARE TO A LOCATION AT 5913 MAGES DRIVE, THE COLONY OR LOT 4, BLOCK 16, OF NORTHPOINTE ADDITION PHASE I. Member Mitchell made a motion to open the Public Hearing. Member Salmon seconded and the motion carried with all Members voting aye. Mrs. Ward stated that she is applying for a Specific Use Permit so she can be licensed by the State of Texas to keep children in her home. First this application for the Specific Use Permit has to be approved by the city. First and foremost is the health and safety of the children I will be keeping. The State monitors the standards. I am trained in first aid and CPR. The environment will be one of love and learning how to build self esteem, in order to build a strong character. The ages of children I will keep is from 18 months to 4 yrs. old. The homes in my area have rear entry garages and there should be no traffic problems. I want to encourage you to approve my application for a Specific Use Permit. Member Salerno wanted to know how many children Mrs. Ward would be watching. Mrs. Ward stated 6-8 children. Page 1 of 3 Chairperson Chabinak-Ball wanted to know how many children the State allows her to keep. __ Mrs. Ward replied 12, I can keep 6 children under 6 years of age and 6 children of school age. There was some discussion on where the children would play and if any play equipment would be sticking out of the fence. Mrs. Ward stated the backyard is fenced and this is where the chil- dren will play, no equipment will be sticking out of the fence. Member Salerno wanted to make sure that Mrs. Ward had received a breakdown of ages of children she could keep from the State. Mrs. Ward replied she had received one. Chairperson Chabinak-Ball stated that when she was in the child- care business that the State was lacking in monitoring childcare homes due to being understaffed and that not much has changed in the last 3 years. Mrs. Ward stated that to her knowledge only 1 person in The Colony is licensed by the State. My home has already been in- spected by the State. Member Salmon wanted to know how her neighbors felt about her daycare. Mrs. Ward stated she had talked to most of her neighbors and no one as of yet, has been against it. Bob van Til stated that out of 15 notices mailed, we have received__ 5: 4 in favor and 1 against the Specific Use Permit. Two of Mrs. Ward's neighbors spoke in favor of the daycare, stat- ing that the Wards were good neighbors and they have a happy, healthy Christian home. With no further questions, Member Salmon made a motion to close the Public Hearing. Member Bogan seconded and the motion carried with all Members voting aye. 4. REVIEW AND RECOMMENDATION OF A REQUEST BY ELIZABETH WARD FOR A SPECIFIC USE PERMIT IN A SINGLE FAMILY DISTRICT FOR A DAYCARE FACILITY. Chairperson Chabinak-Ball wanted to applaud Mrs. Ward for going through the process and that she would be an example for every other caregiver in The Colony to do this also, so they can be monitored by the State. Member Salmon made a motion to recommend approval of Mrs. Ward's request for a Specific Use Permit. Member Mitchell seconded and the motion carried with all Members voting aye. Chairperson Chabinak-Ball welcomed Councilman Sharp as the City Council liaison. 5. WORKSESSION: -- Proposed impact fee revision Bob van Til explained what impact fees are and why they are re- viewed every three years. Bob reviewed Chapter 395 and the goals and objectives of the Committee. Page 2 of 3 8-27-91 - Land Use Assumptions 9-10-91 - Capital Improvement Plan - Service areas 9-24-91 - Wrap-up With no further business, Member Bogan made a motion to adjourn. Member Mitchell seconded and the motion carried with all Members voting aye. The meeting adjourned at 8:42 p.m. Carol Chabinak-Ball, Chairperson Kay Cor~les, Recording Secretary Page 3 of 3 MINUTES OF THE PLANNING AND ZONING COMMISSION OF T~R CITY OF THE COLONY HELD ON AUGUST 27, 1991 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 attendance: Tom Bogan Member Robert Woodard Member David Salmon Member Carol Chabinak-Ball Chairperson Vice-Chairman Wilson and Members Salerno and Mitchell were absent, how- ever, a quorum was established. Also in attendance were: Councilman Sharp; Bob van Til, Administrative Staff Planner; Kay Corrales, Record- ing Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON AUGUST 13, 1991. With no corrections, Member Bogan made a motion that the minutes be approved. Member Salmon 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 AS REQUESTED BY KENTUCKY FRIED CHICKEN FOR A SITE LOCATED ON LOT 2, BLOCK A OF THE SOUTH COLONY RETAIL CENTER ADDITION; GENERALLY LOCATED ON THE EAST SIDE OF FM 423; SOUTH OF S. COLONY BLVD.. Bob van Til stated that Kentucky Fried Chicken has applied for site approval located directly south of the"Jiif~fY-Lube~' site, on the east side of FM 423. The property is zoned General Retail and was pre- viously platted into eight lots several years ago. Therefore, they are making application for site plan approval tonight. The city staff reviewed the site plan and finds the site plan does comply with the Engineering Design Manual. However, an issue does need to be brought to the Commissioners attention: re: driveway. When TCBY proposed a site just south of this particular site, they re- quested a driveway. After going through the approval process, they were allowed to put a driveway on the north side directly to the south of the driveway Kentucky Fried Chicken is proposing. We com- municated with Kentucky Fried Chicken that we would like to see only 4 driveways on this particular subdivision. TCBY was originally a- warded 1 driveway. We asked Kentucky Fried Chicken if they would be willing to place half of the driveway on their side and half on the TCBY side. They would prefer to keep the driveway on their side. There is no formal document to require this of the developer. It is still preferable to limit the driveways to 4, whether Kentucky Fried Chicken or TCBY. The concensus is first come, first served. As I mentioned before the site plan does meet the Engineering Design Manual standards and we make a favorable recommendation to the Commis- sioners. Mr. Howman from Ayres Associates for Kentucky Fried Chicken stated there are a few points I would like to comment on. We have 65-80% take out business and we need a driveway and we would like for the site plan to be approved as presented. We have applied to the State for the driveway permit. With no further questions or comments, Member Salmon made a motion to approve the site plan as requested from Kentucky Fried Chicken. Member Bogan seconded and the motion carried with all Members voting aye. 4. ADMINISTRATIVE STAFF PLANNERS REPORT Bob van Til reported on action taken by the City Council on items approved by the Commission. SUP by Ward was approved. SUP by Butler was denied. The recommendation on sidewalks was approved. 5. WORKSESSION: IMPACT FEE REVISIONS The Commission requested that Bob van Til reschedule this work- session due to 3 of the Commissioners being absent. With no further business, Member Bogan made a motion to adjourn. Mem- ber Salmon seconded and the motion carried with all Members voting aye. The meeting adjourned at 8:05 p.m. .Carc! Cka~ak ~_a!!, Ckair~er_=e_~_ Kay C~rales, Recording Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON SEPTEMBER 17, 1991 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:31 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Robert Wilson Vice-Chairman Robert Woodard Member David Salmon Member Chairperson Chabinak-Ball and Members Salerno, Began and Mitchell were absent. A quorum was not established, however, the Members pre- sent heard citizen input and held the worksessions on private clubs and study of the impact fees. 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 27, 1991. Approval postponed until the next scheduled meeting. 2. CITIZEN INPUT Mr. Dennis Brouwer #1 Holden Circle Mr. Brouwer wanted to make sure the Planning and Zoning Commissioners were aware of a flagrant violation of the city's zoning codes and the city's unwillingness to enforce these codes. 93 Holden Circle has leased land from the city and there are guidelines for city owned property. This land is being used for storage and is an eye- sore, it is visible to everyone going down N. Colony. 3. WORKSESSION: AMENDMENT TO APPENDIX A - ZONING: PRIVATE CLUB. Bob van Til stated he wanted to bring this issue to the Commission in an informal setting prior to addressing it in a Public Hearing, which is required for an amendment to the Zoning Code. There was a lengthy discussion about the restaurant aspect and the alcohol sales and enforcement of the zoning code. Member Wood- ard stated that he could get a copy of the TABC statutes and that would help the Commission. The Commissioners decided to defer any action taken until they get to go over the TABC statutes. 4. WORKSESSION: IMPACT FEE UPDATES At this time the Commissioners assumed the duties of the Capital Improvements Advisory Committee to study the city's impact fees. The~~g adjourned at 9:00 p.m. Robert Wilson, Vice-Chairman Kay Cor~es~ ~e~o~ding Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON OCTOBER 22, 1991 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: Tom Bogan Member Robert Wilson Vice-Chairman Carol Chabinak-Ball Chairperson Bob Salerno Member Members Woodard, Mitchell and Salmon were absent. However, a quorum was established. Also in attendance were: Councilman Sharp; Bob van Til, Administrative Staff Planner; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FRO~I THE REGULAR SESSION HELD ON SEPTEMBER 24, 1991. With no corrections noted, Member Salerno made a motion to approve the minutes. Member Bogan seconded and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. CONSIDERATION AND RECOMMENDATION OF A SITE PLAN AS PREPARED BY THE COLONY CHAMBER OF COMMERCE FOR A .201 ACRE LOT LOCATED ON THE NORTH EAST CORNER OF FM 423 AND CHOWNING CIRCLE, MORE SPECI- FICALLY LOT 13, BLOCK 113 OF THE COLONY ADDITION #31. Vivian Preston was in attendance. She gave a short review of the site plan. A brief question and answer period followed between the Commissioners and Mrs. Preston. Member Salerno made a motion to approve the site plan. Member Bogan seconded and the motion carried with all Members voting aye. 4. PUBLIC HEARING AS REQUESTED BY THE CITY OF THE COLONY TO ~END APPENDIX A - ZONING OF THE COLONY CODE OF ORDINANCES RELATING TO PRIVATE CLUBS. Member Salerno made a motion to open the Public Hearing, with Vice-Chairman Wilson seconding. The motion carried with all Members voting aye. The proposed amendment is described as follows: STEP ONE Amend Section 10-200 (Schedule of Uses): 55.a Private Club, eating place with beer, wine, or liquor 55.b Private Club, with bar service STEP TWO Amend Section 10-300 (Definitions) 55.a Private Club, eating place with beer, wine, or liquor: A group of people associated or formally organized for a colm~on purpose, interest or pleasure, other than a bar, lounge or tavern, where the primary activity is the sale and service of food, where the sale of beer, wine and liquor is incidental to the serving of food, none of which are available except to members or their guests. 55.b Private Club with bar service: A group of people asso- ciated or formally organized for a co,non purpose, in- terest or pleasure in an establishment, the primary activity of which is the sale and consumption on the premises of beer, wine, or other liquors, and where food service, if any, is secondary to the sale of beer, wine, and other liquors; none of which are available except to members or their guests. It shall be pre- sumed that an establishment is a bar, lounge, or tavern where 75% or more of the establishment's gross receipts is derived from the on-premise sale of alcoholic beverages. STEP THREE Amend Section 10-2206 It shall be unlawful for any person who operates a bev- erage store, bar, lounge or tavern, or private club with bar service to sell alcoholic beverages where the said beverage store,bar, lounge, or tavern, or private club with bar services is within 300 feet of any dayca~e center or private school. Amend Section 10-2207 It shall be unlawful for any beverage store, bar, lounge, or tavern or private club with bar service to be con- structed, erected or placed closer than 1000 feet to another beverage store. Mark DePriest Jenkins Circle Mr. DePriest indicated that he was in concurrence with the pro- posed amendment. With no further public input, Member Salerno made a motion to close the Public Hearing. Member Bogan seconded and the motion carried with all Members voting aye. 5. REVIEW AND RECOMMENDATION OF A REQUEST MADE BY THE CITY OF THE COLONY TO AMEND APPENDIX A - ZONING OF THE COLONY CODE OF ORDI- NANCES RELATING TO PRIVATE CLUBS. Member Bogan discussed the problem he had with the definition of daycares and how, with these proximity regulations, daycares might prohibit use of commercial property. The Commissioners agreed that this should be addressed and re- quested that the Members begin work on this problem at the next regular meeting in November. Member Salerno made a motion to recommend approval of the attached method to amend the code to include private clubs with bar service in the proximity requirements relating to the sale of alcoholic beverages. Member Wilson seconded the motion and the motion carried with all Members voting aye. 6. WORKSESSiON: IMPACT FEES 1. Bob van Til reviewed site plan procedures with Members of the Planning and Zoning Commission. 2. Discussed ~the Master Planning "process" followed by the city in planning for various aspects of the community. 3. Impact fee discussions were deferred until 10-29-91 in order to get a full Commission together for a better representation of everyone's ideas. With no further business to discuss the meeting was adjourned at 9:45 p.m. Carol Chabinak-Bali Chairperson Kay Corr~es, Recording Secretary 90t MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON OCTOBER 29, 1991 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 atten- dance: Tom Bogan Member Robert Wilson Vice-Chairperson Carol Chabinak-Ball Chairperson Robert Woodard Member Members Salerno, Mitchell and Salmon were 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. IMPACT FEES Bob van Til stated that the Commissioners needed to look at the "spread sheet" included in their packets. The main ob- jective is to look at all the land by categories and what we anticipate happening in the future. Bob van Til stated that he had three different maps for the Commissioners to look at: the Land Use Assumption Map of 1988: a current map of actual land use, showing how the land has developed today: and a map which estimates what percent of vacant land would develop out(between 1992-2002). There was a lengthy discussion as to how much land for com- mercial use would be developed within the next ten years. The Land Use Assumptions sheet is attached that the Commis- sioners agreed upon. Member Bogan suggested that Bob van Til redo the map with the percentages the Commissioners agreed upon and re-evaluate the percentages and bring it to the next meeting, to take a final look at it. Bob van Til will prepare a map and a new spread sheet with the population impact and calculate fees. The Commissioners will look at these at the next meeting, then will schedule a meeting with land owners. With no further business to discuss the meeting was adjourned at 9:30 p.m. Carol Chabinak-Ball, Chairperson Kay ~or~les~Recording Secretary 903 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON NOVEMBER 12, 1991 A REGULAR SESSION of the Planning and 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: Tom Bogan Member Robert Wilson Vice-Chairman Carol Chabinak-Ball Chairperson Robert Woodard Member David Salmon Member with Member Salerno absent(Member Mitchell recently resigned from the Commission). However, a quorum was established. Also in atten- dance were: Billy Sharp, City Councilman; 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 OCTOBER 22, 1991, AND FROM THE SPECIAL SESSION HELD ON OCTOBER 29, 1991. With no corrections noted, Vice-Chairman Wilson made a motion to approve the minutes from the October 22, 1991, session. Member Bogan seconded and the motion carried with all Members voting aye. Vice-Chairman Wilson made a motion to approve the minutes from the October 29, 1991, session. Member Salmon seconded and the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. PUBLIC HEARING, AS REQUESTED BY CENTEX REAL ESTATE CORPORATION TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY OF THE COLONY AMENDED SO AS TO CHANGE A PIECE OF PROPERTY LOCATED IN ABSTRACT 1352, WEST OF FM 423 AND NORTH OF OFFICE CREEK, CONSISTING OF APPROXIMATELY 150 ACRES, FROM BUSINESS PARK ZONING TO PLANNED DEVELOPMENT DISTRICT FOR SINGLE FAMILY RESIDENTIAL DWELLINGS. Member Bogan made a motion to open the Public Hearing. Vice-Chair- man Wilson seconded and the motion carried with all Members voting aye. Dennis Jerke Carter & Burgess We are proposing a change from Business Park to Planned Develop- ment for the South Planning Unit which contains 150.69 acres. The characteristics of this site are ideal for residential. The trees at the edge of Office Creek make a nice buffer between ad- jacent property businesses. As you can see on the map, there will be 18.5% for open space. R7500 - 16.6 acres = 11% - light yellow; R6000 - 77 acres = 51% - medium yellow; and R5000 - 29 acres = 19% - darker yellow. We are asking for a density trans- fer clause to allow for flexibility for changes in the market, this would be for 603 units, cannot exceed 603 units. A traffic impact study is also included with the approximate total trips that will be generated. We have also talked to Mr. Ben Harmon, Page 1 of 6 90 4 with the school district. He stated that the high school and the middle schools were capable of handling the extra students. With no further questions or comments, Member Bogan made a motion to close the Public Hearing. Member Woodard seconded and the motion carried with all Members voting aye. 4. REVIEW AND RECOMMENDATION REGARDING A PROPOSED ZONING CHANGE MADE BY CENTEX REAL ESTATE CORPORATION FROM BUSINESS PARK TO PLANNED DEVELOPMENT DISTRICT FOR SINGLE FAMILY RESIDENTIAL DWELLINGS. Bob van Til stated that he wanted to bring several issues to the Commissioners attention, that they needed to be aware of. The thoroughfare plan response is from Hal Jones our traffic engineer. 1. Traffic - the proposed development will generate about 6200 trips. Currently, the 1989 average annual daily traffic count on FM 423 is 19,300 upd. Adding the additional 6200 trips will drop the LOS to Level D or 25,500 upd. The LOS is the amount of time it takes to pass through an intersection: Level Abeing the best and Level D the worst. 2. N-S Thoroughfare: the city's thoroughfare plan requires that a 2U-C road be extended to the south and beyond the proposed development. This road was started with the development of Lakeridge Estates. A 2U-C road is a road in a 60' ROW with 37 feet of paving. 3. Signalization: possibility due to increase in traffic, E-W thoroughfare proposed will have effect on traffic. 4. Median cuts to facilitate north bound left turns off 423, with additional traffic, a cut on 423 is necessary. 5. Home size/density: the proposed minimum home size is less than the current code allows. The minimum size is 1200 sq. ft., our minimum is 1500 sq. ft. 6. Parks/Open Spaces: park planning meets standards - 18% area for open space. 7. Screening along 423: it may be necessary to provide a buffer for traffic noise on 423. 8. Buffer zones: this is an alternative for Commissioners to consider. 9. W.W.T.P. Capacity: This particular development will add 600 new homes to the city. This will generate + (600 x 3.335 pph x 100 gpp) = 200,000 gallons of wastewater to the plant. Plant Capacity 2.5 MGD I made a mistake about the current plant average, it is 1.8 MGD instead of 2.0 MGD. With the addition of Eastvale and Lake- ridge Estates and the Southern Planning Unit, this will strongly restrict the ability of the city to serve any commercial growth without incurring additional debt for plant expansion. This is a critical phase, we have a time frame of 4,5, maybe 6 years - this would give us an adequate amount of time. 10. Sewer Mains: the city's wastewater master plans calls for a 27" m~in that must be extended to service the area. Bob van Til stated that he would like to skip down to number 13. Page 2 of 6 13. South Colony Blvd.: as with the N-S Thoroughfare, the re- maining half of S. Colony must be provided to fill out the circulation of traffic in the area. Bob van Til stated that is all I want to discuss, the rest is primarily administrative. Member Bogan wanted to know what percentage of homes in The Colony is under 1500 sq. ft.? Bob van Til stated that he couldn't guess. Member Wilson wanted to know how many homes would be built in tract A(77 acres). Mr. Jerke stated that they will build what the market dictates. Member Woodard, asked Mr. Jerke, given this item you are address- ing, what position is The Colony in for a project like this, as far as the wastewater problem, traffic, which are evident in themselves. Bob van Til stated that there is a tangible solution to each item, we have several alternatives. The City Staff and Council has helped with some alternatives. We need to run down the cri- tical issues: the traffic issue - we would recommend that we ob- tain additional information. We know basically what the traffic situation is. We need to be able to negotiate for particular im- provements for this development if possible. Home size - we don't have a problem with, should be flexible to deal with the market. Possibly negotiate the density of the overall tract, raise certain tracts density to 3.5 instead of 4 homes per acre. Wastewater Treatment Plant is the prevailing issue in this case. Centex proposes rezoning a large quantity of property, taking away 150 acres of commercial land. This is one issue to consider. Next issue is the impact on the infrastructure, Esstvale will go on line, as well as Lakeridge and some commercial growth and adding the Southern Planning Unit, the Wastewater Treatment Plant would reach capacity and would force the possibility to expand the plant. There is a tangible alternative, could negotiate some added capacity from Frisco's new WWTP. There is the possibility to do that. There was a short discussion about density clauses and the mini- mum sizes of the homes compared with other Planned Developments. Chairperson Chabinak-Ball asked Derek Earle what the market studies indicate? Derek Earle Fox & Jacobs Mr. Earle stated that F&J is currently building what is being re- quested. We offer as much home for the money as we can. Chairperson Chabinak-Ball stated that her concern is how the WWTP will be restricted by this subdivision, if we don't get help, we will stifle any commercial growth. Member Bogan stated that we better look at the traffic. The SPU will add 2,000 residents, which is 10% of our population. Mr. Earle stated that FM 423 and 121 are State Highways. I would also like to address the problem with sanitary sewer. We realize Page 3 of 6 906 this is an important issue. We contracted an independent engi- neer, agreed upon by the cit~, to study the WWTP. There are several alternatives: could buy some treatment capacity from Frisco. The bottom line of the survey is that the current WWTP could handle the SPU and not foDce the city into expansion. The problem comes up if you do have a big commercial developer come in, what will the city do then. To have a large corporation, it would take them 5 years to develop up to that capacity. If you see that coming you have time to plan. We have not received a formal response from the city on this report. My interpretation was the SPU does use up additional capacity, but does not force the city into a capital expenditure. Chairperson Chabinak-Ball would like to recommend to staff or council that they explore the possibility with Frisco and that the SPU will not put us at near capacity. Chairperson Chabinak- Ball asked Mr. Earle how he felt about the N-S Thoroughfare? Mr. Earle stated that he feels very strongly aboutL~, it is an offsite improvement. It has the possibility of killing the case, because it is not financially possible for us to make a connection to the north, it would involve major structure: a bridge across the U.S. Corp of Engineers property, it would literally take millions of dollars to make that connection. To the south, we have made an estimate of even the cheapest cost at $400,000 and the most expensive $800,000e. We can't come through to justify that much off-site property. The South Colony Blvd. is another off-site cost, we built our half of the street, the remainder of the street is several 1000 feet away from the SPU. This has nothing to do with the SPU, I don't see how you can connect it to us. We can not commit to sign any off-site expenditures. There is no sewer to our property, from S. Colony to the SPU, we have an agreement with the city that we would make the sewer connections. It's to our advantage to do that as well as to the city's. It is important that the traffic is handled properly, however, you can not hamstring this on one developer. Member Woodard asked how many connections there would be to 423? And if the development would be without rear alleys? Mr. Earle replied that there would be 2 entrances to 423 and there will be rear alleys. Member Woodard wanted to know if it is not feasible to have an entrance to 1217 Mr. Earle stated that the distance from the SPU to 121 is thou- sands of feet. When we review the cost, we would have to bump up the prices of all the houses in that addition. We can do all of that, but we can't sell houses. We are extending the sanitary sewer costing $700,000 - $800,000+. There is a cer- tain limit we can commit to, because of the financial impact. Vice-Chairman Wilson stated that there are a lot of issues and he suggested a work session with F&J on how to handle these issues. Chairperson Chabinak-Ball wanted to know if the developer would provide the city with a traffic study. Mr. Earle said he thought that would be above and beyond what the developers requirements are. Page 4 of 6 Member Salmon stated that this Planned Development has an impact and will affect the whole city. A short discussion followed on a traffic study. Mr. Earle stated that he would agree to provide the city with a traffic study, the object being to facilitate this zoning case as much as possible. Chairperson Chabinak-Ball stated that this is really an impact on our city and is important. When Lakeridge was approved by us, we told you then that the N-S Thoroughfare would be an issue in this. Mr. Earle replied that if that is a requirement for the Planned Development, we can't do it, we can stop right now. I am in favor of a work session and will provide a traffic study and anything else I can do. Chairperson Chabinak-Ball stated that an informal approach should be made to Frisco concerning the sanitary sewer. There was a short discussion on F&J building larger homes to help alleviate the cost of the N-S Thoroughfare. Member Woodard made a motion to table this item for further discussion at the next P&Z Meeting. Member Bogan seconded. Mr. Earle stated that a traffic study will take at least 30 days. Chairperson Chabinak-Ball would like for the council members to attend the work session also. Bob van Til stated that the Commission needs to clarify the issues for further discussion and provide those to Derek and wait until we get the results from the traffic study. A short discussion followed as to what would be needed for the work session and when to set it up. Member Woodard amended his first motion to say the following: that the P&Z Commission would table this recommendation for further discussion with City Council Members and City Staff and explore the traffic flow condition when information is made available. Member Salmon seconded and the motion carried with all Members voting aye. 5. WORK SESSION: a. PROXIMITY REQUIREMENTS AS RELATED TO ALCOHOLIC BEVERAGE SALES Member Bogan stated that he was concerned that a daycare center in a residential area could have an affect on the sale of alco- hol~.~ We need to make it clear. There was a short discussion on how to measure 300' from a day- care and the difference between a commercial and residential daycare. Bob van Til stated that he had enough feedback from the Com- missioners to put something together and get back to the Commissioners for approval. Page 5 of 6 905 b. IMPACT FEES Chairperson Chabinak-Ball asked Bob van Til if he got any feedback from the city staff or council members as to what the Commission had come up with for land use assumptions? Bob van Til stated that he had prepared a spread sheet and land use assumptions map for the Commissioners to take a look at. Bob van Til summarized that basically that of the 3500 acres remaining in the City, the Commissioners recom- mended that approximately 35% Of the vacant property will develop in the city over the next 10 years. Bob van Til also suggested getting everyone (landowners) together to talk about this. Chairperson Chabinak-Ball was concerned as to whether the landowners will be candid in a meeting such as this. She made a suggestion that the Commissioners contact the land- owners by phone to see if they would be more candid. Bob van Til would like to schedule this meeting of the land- owners for November 26th to explain the Land Use Assumptions Map and the process. If they have any concerns or problems to get with me if they don't want to talk in front of other colleagues. The meeting adjourned at 9:05 p.m. Carol Chabinak-Ball, Chairperson Kay~-Co~ales, Recording Secretary Page 6 of 6 910 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON NOVEMBER 26, 1991 A REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was cancelled due to not having a quorum. The following Members were in attendance: Tom Bogan Member Carol Chabinak-Ball Chairperson David Salmon Member with Vice-Chairperson Wilson, Members Salerno and Woodard absent. Also in attendance were Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; and several landowners. Without a quorum, the meeting was not called to order. With several landowners present, Bob van Til explained the Land Use Assumptions Map. No action was taken. Carol Chabinak-Ball, Chairperson Ka~ ~orrfes, Recording Secretary 912 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON DECEMBER 10, 1991 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 N. Colony Blvd., with the following Members in attendance: Robert Wilson Vice-Chairperson Carol Chabinak-Ball Chairperson Robert Woodard Member David Salmon Member Bob Salerno Member with Member Bogan absent. However, a quorum was estbalished. 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 SESSIONS HELD ON NOVEM- BER 12, 1991 AND NOVEMBER 26, 1991. With no corrections noted. Member Salmon made a motion to approve the minutes from both sessions. 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. KOUSARI AND MR. DARAKHSHAN TO HAVE THE COMPREHENSIVE ZONING CODE, APPENDIX-A OF THE COLONY CODE OF ORDINANCES AND THE ZONING MAP AMENDED SO AS TO GIVE 5201 S. COLONY, SUITE #700, A SPECIFIC USE PERMIT FOR THE SALE AND SERVICE OF BEER, WINE AND LIQUOR FOR ON-PREMISE CONSUMPTION ONLY. Member Salerno made a motion to open the Public Hearing. Member Woodard seconded and the motion carried with all Members voting aye. Bob van Til stated that Mr. Kousari and Mr. Darakhshan are re- questing a Specific Use Permit for the sale of beer, wine and liquor for a restaurant located in the old "Cristella's" restaur- ant. Bob van Til stated that the staff recommends approval of this application. There was a short discussion as to what kind of food would be served and if it will primarily serve food and if there would be a stand alone bar. Mr. Darakhshan stated that he would be serving French and Italian, as well as some sea food, and the restaurant will primarily be food, and there will be no stand alone bar. With no further questions or comments, Member Salerno made a motion to close the Public Hearing. Member Salmon seconded and the motion carried with all Members voting aye. 4. REVIEW AND RECOMMENDATION ON APPLICATION BY MR. KOUSARI AND MR. DARAKHSHAN FOR A SPECIFIC USE PERMIT FOR THE SALE AND SERVICE OF BEER, WINE AND LIQUOR FOR ON-PREMISE CONSUMPTION AT 5201 SOUTH COLONY BLVD., SUITE #700. 913 With no questions, Member Wilson made a motion to recommend approval of the request for a Specific Use Permit. Member __~ Salerno seconded and the motion carried with all Members voting aye. 5. DISCUSSION ITEMS: A. POSSIBLE AMENDMENT TO ZONING CODE AS IT RELATES TO DAY CARE CENTERS AND THE SALE OF ALCOHOLIC BEVERAGES. B. ACCESSORY STRUCTURES Bob van Til suggested to the Commissioners that these items be tabled until the next meeting, due to the fact that Tom Bogan is absent tonight and the building inspector could not make it tonight due to illness. Member Salerno made a motion to table these items until the next meeting. Vice-Chairperson Wilson seconded and the motion carried with all Members voting aye. 6. ADMINISTRATIVE STAFF PLANNER UPDATE 1. INTERVIEWS FOR REAPPOINTMENT - Cathy Bock-Wood and Julie Bottke have been appointed to the Commission. 2. L.U.A. AND IMPACT FEE UPDATE PROCESS - Copies of the Land Use Assumptions Map have been sent to the landowners. They have been asked to reply by Dec. 20, 1991 with any --~ opinions they may have. 3. CHRISTMAS MEETING SCHEDULE - There will be no meeting on Christmas Eve. The next scheduled meeting is Jan. 14, 1992. 4. ACTING BUILDING OFFICIAL - Bob van Til stated that he has been appointed Acting Building Official along with the duties of City Planner, during the absence of Building Official, David Rolbiecki. 5. QUESTIONS AND ANSWERS - General discussion The meeting adjourned at 8:00 p.m. Carol Chabinak-Ball, Chairper%on Kay ~ales, Re~ording Secretary