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HomeMy WebLinkAboutJan - Sept 1987 P&Z 51o MINUTES OF PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JANUARY 13, 1987 A REGULAR SESSION of the Planning & Zoning Commission of The Colony, Texas was called to Order at 7:30 P.M. with the following Commission Members in attendance: Bob Fiumara Chairman Bill Sharp Vic-Chairman Agnes Foster Member Cathy Bock Member Tim Solohubow Member Tom Dawsey Member Earl Brantley Member (arrived 8:39 P.M. due to business) a quorum was established. Also in attendance was City Manager, Bill Hall; Director of Public Works, Tommy Turner; Dana Oliverez and Judy Shirk, City Staff Members. Meeting was called to Order by Chairman Fiumara. At this time Chairman Fiumara introduced new Member Tom Dawsey to the Planning & Zoning Commission. Chairman Fiumara gave his regrets to Member Dawsey that he would not be able to vote because he had not been sworn in as of yet. 1. APPROVAL OF MINUTES OF DECE~ER 9th, 1987. Motion to approve minutes was made by Member Bock and seconded by Member Solohubow. Ayes: All present Noes: None 2. CITIZEN INPUT. There was no citizen input at this time. 3. REVIEW AND CONSIDERATION OF PLANS FOR MINIATURE GOLF COURSE. This item was tabled until futher information could be provided to the Commission Members. 4. APPROVAL OF PORNOGRAPHY ORDINANCE. A lengthy discussion followed this item which brought up several questions of concern from all the Commission Members. Member Solohubow raised question on Sec. 4-73 (a) pg. 12, 1000 feet distance from residential areas, Churches, primary and secondary schools. He wanted to be sure that 1000 feet would be enough distance. Chairman Fiumara stated that it was a footage that had been challenged in court and had been upheld by the court. Member Bock felt that this was a fair distance and would work better than an arbitrary distance being placed in the Ordinance. After a discussion between Members they concurred that 1000 feet would be alright. Member Sharp had a ques? tion on Sec. 4-66 (a) pg. 10, regarding the licensing fee of $500.00 He would like to see a higher fee. Member Bock stated that an arbi- trary figure would not be a good idea. She felt that The City Ordinance would less likely be challenged by a business if kept City's Ordinance in line with other City Pornography Ordinances and did not stray from the norm. At this time Chairman Fiumara again stated that this had already been challenged and had been upheld by the court. All Commission Members agreed that staying within a proven court situation the City would be less likely to be challenged on the grounds of discrimination. All Members questioned Sec. 4-62 (20) pg. 6, percentage of business or square footage of business. Also they questioned Sec. 4-62 (2) pg. 4, (under definitions) principle business purpose. All Members felt that this definition needed to be clearer. A lengthly discussion followed. Member Bock asked that the attorney be asked to come to the next Planning & Zoning meeting to define this and also to answer whether square footage or percentage of business would be easier to enforce by the City's Police Department. At this time, 8:39pm, Member Brantley arrived. Member Solohubow asked to go back to Sec. 4-73 (a) pg. 12, distance from schools to make sure all schools are listed. Member Foster pointed out that Day Care Centers were not listed and needed to be added. Member Foster also questioned Sec. 4-74 to 4-79, Regulations and Restrictions, she stated that these did not apply to the City and asked if they should be left in. After a brief discussion all Members did concur that they should be left in. At this time Chief Ristagno referenced Member Bocks' question on having the attorney present at the next P & Z meeting. Chief Ristagno recommended to the Commission Members that they complie a list of questions for the attorney, turn them in to the Chief and he would contact the attorney for the answers. The Chief would be at the next P & Z meeting and present the attorney's response. Chairman Fiumara took a consensus of the Members to accept the Chiefs' recommendation and also put the Pornography Ordinance on the agenda for the January 27th meeting. They all agreed. 6. GENERAL BUSINESS. Chairman Fiumara again introduced Member Dawsey to the Commission Members and asked that he tell a little about himself. Chairman Fiumara then asked each Member to tell a little about themselves. At this time Bill Hall gave the Commission Members a brief background on the miniature golf course proposed by Mr. Tunks. Texas Power & Light refused Mr. Tunks request to place the golf course under a section of their easement. Mr. Tunks then approached the Park & Rec. Departmeng, Ms. Sylvia Brantley Park Supervisor, felt that he could place the golf course on an area due west of the Tennis Courts. Mr. Hall also stated that Mr. Tunks said that he would pay the City $3000.00 per year for the use of the property. 7. APPROVAL OF MINUTES OF NOVEMBER 5th, 1986. A motion to approve the minutes of the November 5th meeting was made by Member Brantley and seconded by Member Sharp. Ayes: All present Noes: None At this time Member Bock a motion that the meeting be adjourned. Member Sharp seconded the motion and it carried with the following vote: Ayes: All present Noes: None Meeting was adjourned at 9:39 P.M. Robert Fiumara, Chairman J~Shirk, ~ecording Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JANUARY 27, 1987 A REGULAR SESSION of The Palnning & Zoning Commission of The City of The Colony, Texas was called to Order at 7:30 P.M. with the following Members in attendance: Bob Fiumara Chairman Agnes Foster Member Tim Solohubow Member Cathy Bock Member Bill Sharp Member Tom Dawsey Member with Member Brantley absent, however, a quorum was established. Also in attendance was Bill Hall, City Manager; Janice Carroll, Assistant City Manager; Dana Oliverez, Staff Member; George Gillett, Press,; Mr. & Mrs. Tom Tunks; Mr. Steve Krekus, Wendy's; Marilyn Putman and Joe Luciano, Fox & Jacobs, Inc. A motion to open the meeting was made by Member Solohubow and seconded by Member Foster. 1. APPROVAL OF MINUTES OF JANUARY 13, 1987. A motion to approve the minutes was made by Member Bock and seconded by Member Solohubow. The motion carried with the following'vote: Ayes All present Noes None 2. CITIZEN INPUT. None at this time. 3. REVIEW AND CONSIDERATION OF PLANS FOR MINATURE GOLF COURSE. Ms. Janice Carroll, Assistant City Manager, gave a brief presentation on the Minature Golf Course proposed by Mr. & Mrs. Tunks. She outlined for the Planning & Zoning Commission items that the City would need to have prior to acceptance. 1, Liability Insurance 2. Established fee amount ($3000.00) 3. Financial Report 4. Site Plan 5. Maintenance Responsibilities After Ms. Carroll finished her presentation Chairman Fiumara asked M~.~ .M~$. Tunks about a fence and what type they would provide. Mrs. Tunks stated that the fence would be a chain link. Mrs. Tunks went on to say that the lighting would be on poles set thirty (30) feet apart and would light the entire course. That the course will be open seven (7) days a week from twelve (12) noon until ten (10) p.m. during the winter months and from ten (10) a.m. to ten (10) p.m. during the summer months. They will provide landscaping with small trees and will seed the area for grass. The water lines, electricity, parking area, and the Fire Department Codes were discussed at this time. A bridge crossing the creek will be provided by the City and will coincide with the opening of the Minature Golf. Also Mr. & Mrs. Tunks will have a concession stand and will be responsible for the removal of all trash. After a short discussion on these items Member Bock made a motion to approve the Miniature Golf Course with t~e following stipulations: 1. Fire Department approval of the portable building to insure that all Fire Codes are met. 2. That electricity, water and telephone service be put in by Mr. & Mrs. Tunks. 3. That a contract with the City be approved by the Council. 4. That Liability Insurance be obtained prior to opening. 523 The motion was seconded by Member Sharp and carried with the followin9 vote: Ayes All present Noes None 4. REVIEW AND CONSIDERATION OF SITE PLAN FOR WENDY'S. Mr. Krekus of Wendy's took the floor at this time and advised that he did have some problems with the Engineer's comments. Mr. Hall advised the Commission that these concerns should have been worked-o~t~at-~S~aff level before the presentation and requested the opportunity to do so. At this time the Commission Members proposed that a Special Session be held on February 3, 1987 with Mr. Hal Jones, City Engineer, to be pre- sent to answer the questions that were raised by the Members and Wendy's. At this time Agenda Item #4 was tabled until the Special Ses§io~. 5. APPROVAL OF PORNOGRAPHY ORDINANCE. Police Chief Nick Ristagno reviewed this Ordinanne and advised them that he had talked with Attorney regarding questions from the Planning & Zoning Commission on the Ordinance. His comments were as follows: Section 4-62 (2). The Ordinance should be left to read the Principle Business Purpose. Section 4-64 (d). Application should be in teh name of anyone ov~nina the business, The Attorney felt that 10% of business for licensina would not create a problem. Section 4-62 (21). Should go with 20% of the floor space. Section 4-66. Fees for chan~e of ownership should be %500.00 Section 4-80. All sexually explicite material will be kept out of reach and view of minors Section 4-83 (2) A grace period of ninety (90) days to comply with the Ordinance once it has been passed for any business already having sexually explicite material. Section 4-81 (a). will be in violation each and everyday they do not comply with the Ordinance. Section ~-73 (a) The Attorney will add Day Care, Learning and Pre School Centers to this section. A discussion followed regardin9 these items. At this time the Commission Members stated that they would like a map overlay with the 1000 feet restriction area marked prior to the City Council presentation. Member Bock made a motion that the Commission approve the consideration for the Ponography Ordinance. The motion was seconded by Member Sharp and carried with the following vote: Ayes All present Noes None 6. GENERAL BUSINESS. The Commission Members discussed the retreat at this time. A Taco Bell may be coming into the City. A motion to adjoun the meeting was made by Member Bock and seconded by Member Solohubow the motion carried with the following vote: Ayes All present Noes None Meeting was adjourned at 10:00 P.M. Bob Fiumara, Chari~, J~YShirk'~/Rec°rdi-nq Secretary 525 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON FEBRUARY 3, 1987 A SPECIAL SESSION ofthe Planning & Zoning Commission of The City of The Colony, Texas was called to Order at 7:30P.M. with the following Members in attendance: Bob Fiumara Chairman Agnes Foster Member Tim Solohubow Member Cathy Bock Member Tom Dawsey Member with Members Sharp and Brantley absent, however, a quorum was established. Also in attsndance was Janice Carroll, Assistant City Manager; Tommy Turner, Public Works Director; Judy Shirk, Staff Member; Steve Krekus, Wendy's; ~arilyn Putman and Joe Luciano, Fox & Jacobs; Mr. Hal Jones, City Traffic Engineer; and Mr. Tony Krauska, J.T. Millican & Associates. 1. REVIEW AND CONSIDERATION OF SITE PLAN FOR WENDY'S C~airman Fiumara gave the floor to Mr. Steve Krekus of Wendy's. Mr. Krekus presented the site plan which had the building moved back fifteen (15) feet from the sixty-five (65) foot access easement. This will establish an eighty (80) foot set-back from the property line. A brick wall will be built by Fox & Jacobs, along the entire length of the site prior to the opening of Wendy's. The wall will be six (6) feet from the property line and will run thirty (30) inches inside the west side of the property line to allow for utility poles, and underground utlities, etc. All of the utilities, storm sewers, and left turning lane off Main Street (F.M. 423) in the southbound lane will be in prior to the issuance of the Certificate of Occupancy. At this time Chairman Fiumara raised his concern regarding the front parking. He felt that there was a safety factor involved with Pedes- trians, that the motorist view was hindered when backing out and that there was not enough room for the Fire Trucks to be able to get out of the parking lot. Member Bock was concerned that this would set a pre~dent and that all the tracts in this sub-division would have to comply with no front parking. She felt that this may have a negative impact on new business coming into this area. After considerable discussion, Chairman Fiumara made the motion that front parking be disallowed on the Wendy's site. The motion was seconded by Member Bock. The motion failed with the following vote: Member Foster, Abstain; Member Solohubow, No; Member Bock, No; Member Dawsey, No; Chairman Fiumara, Yes. The next concern discussed by the Commission Members were the curb cuts and how many should be allowed. The State authorized three curb cuts to be placed at Three Hundred (300) feet, Nine Hundred (900) feet and Twelve Hundred (1200) feet south of South Colony Blvd.; Ref: Letter received from Mr. Hal Jones on February 3, 1987. After lengthy discussion the Commission Members, Fox & Jacobs and Wendy's agreed on four cuts with a minimum of One Hundred Fifteen (115) feet between each cut, with the fourth cut to be approved by the State. Chairman Fiumara made the motion that four curb cuts be placed along the 7.031 sub-division with a minimum of One Hundred Fifteen (115) feet between each cut and with Fox & Jacobs getting the permitfor the fourth cut from the State as soon as possible. The motion was seconded by Member Solohubow and carried with the following vote: Ayes All present Noes None At this time Mr. Tony Krauska of J.T. Millican & Associates, Inc. stated that alt problems have been resolved rsegarding the drainage. That the drainage was approved by the City on November 3, 1986, Ref: Letter received from Mr. Millican on February 3, 1987. The drainage pipe will run the entire length of the Wendy's property. After a short discussion on the Fire Lanes, Security Lights, Irrigation and landscaping Chairman Fiumara made the motion to approve the Wendy's site plan with the following.stipulations: MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON FEBRUARY 24, ]987 A REGULAR SESSION of the Planning & Zoning Commission of The City of The Colony, Texas was called to Order at 7:30 P.M. with the following Members present: Bob Fiumara Chairman Agnes Foster Member Bill Sharp Vice-Chairman Tim Solohubow Member Cathy Bock Member Tom Dawsey Member with Member Brantley absent, due to business, however, a quorum was established. Also in attendance was Assistant City Manager, Janice Carroll; Public Works,Director, Tommy Turner; Staff Member, Judy Shirk; Mr. Jeff Ball, The Colony Leader; Mr. Ojeski, Real Estate Manager for Winn-Dixie,Inc. A motion to open the meeting was made by Member Solohubow and seconded by Member Bock, The motion carried with the following vote: Ayes All present Noes None ]. APPROVAL OF MINUTES FOR MEETINGS HELD ON JANUARY 27th, AND FEBRUARY 3rd. At this time Member Bock asked that a correction be made on the minutes of F'ebruary 3rd regarding the Wendy's parking, Member Bock stated that Member Dawsey seconded the motion to disallow front parking on the Wendy's site she did not. Member Foster did note some typographical errors. Member Solohubow made a motion to approve the minutes of January 27th meeting with correction. Member Sharp seconded the motion it carried with the following vote: Ayes All present Noes None A motion to approve the minutes of February 10th meeting was made by Member Bock and seconded by Member Dawsey. The motion carried ~ith the following vote: Ayes All present Noes None 2. CITIZEN INPUT None at this time. 3. REPORT FROM THE COMMISSION MEMBER REGARDING COUNCIL MEETING. Chairman Fiumara asked that the Commission Secretary call, in alphabetical order, the Members of the Commission and remind him/her to attend any Council meetings with a Planning & Zoning agenda item to be discussed. At this time Ms. Carroll gave a brief summary of the Council meeting held on February 16th. She stated that the Wendy's site plan was approved by the Council and that the Council praised the Commission Members for their work on this project. Also the miniature Golf Course agreement was accepted by the Council and that Mr & Mrs Tunks are now working on the site plan. A copy of the contract was provided to them. 4. PUBLIC HEARING REGARDING WINN-DIXIE SPECIAL USE PERMIT. Chairman Fiumara made a motion to open the Public Hearing on the Comprehensive Zoning Ordinance change. The motion was seconded by Member Bock. The motion carried with the following vote: Ayes All present Noes None (2) It was noted at this time by Chairman Fiumara that Mary L. Buck of 4618 Lamer Street was in favor of the zoning change. Also in favor was Mr. Harry Hunsicker of Two Turtle Creek Village, Suite 200, Dales Texas an adjacent Commercial Property Owner. Mr. Ojeski made a diagram for the Commission Members showing where the beer and wine will be located within the store. After looking over the diagram Member Bock made a motion that the Commission approve the zoning change and grant Winn-Dixie a Specific Use Permit for the off-premise sale of beer and wine. The motion was seconded by Member Solohubow and carried with the following vote: Ayes Members: Bock, Sharp, Foster Fiumara and Solohubow Noes None Abstain Member Dawsey 5. GENERAL BUSINESS Mr. Tommy Turner enlightened the Commission on the status of the Taco Bell. Taco Bell is submitting their findings to their head office for approval. The owners of the property between gal Mart and the Good Shepherd Luthern Church approached Mr. Turner to put in a Sonic. Ms. Carroll said that an individual had contacted her about putting in a pool hall. She would like the Commission to think on this, because the individual would like to sell alcoholic beverages and the Commission would need to decide if an age limit would be advisable regarding minors. At this time Ms. Carroll informed the Commission that the Sexually Oriented Business Ordi- nance had passed. Chairman Fiumara asked if there was anything scheduled for the February ]0th meeting. Ms. Carroll advised him that there was nothing pending At this time Chairman Fiumara asked that the March 10th meeting be a work session for the Com- mission and that Ms. Carroll provide them with information regard- ing future roads into the City. The primary discussion at the work session will be on the Sexually Oriented Business Zoning. Ms. Carroll informed the Commission that the March 24th meeting will be on the site plan and the Specific Use Permit for Billy's Liquor. 6. CLOSED DOOR SESSION At this time the Commission Members went into closed door session. Upon reconviening in open session, a motion to adjourn the meeting was made by Member Bock and seconded by Member Sharp. The motion carried with the following vote: Ayes Ail present Noes None The meeting adjourned at 8:30 p.m. Robert Flumara Chairman ~?uJy shir~0 ec~rdlng Se-cretary 531 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MARCH 10, 1987 A WORK SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to Order at 7:30 p.m. with the following ]n attendance: Bob Fiumara Chairman Bill Sharp Vice-Chairman Cathy Bock Member Tom Dawsey Member Ear] Brantley Member Tim Solohubow Member Agnes Foster Member a quorum was established. Also ]n attendance were Jan]ce Carro]]l, Assistant City Manager; Tommy Turner, Public Work Director; Judy Shirk, Staff Member; Mr. Jeff Bail, The Colony Leader. 1. DISCUSSION OF THE ZONING REQUIREMNETS OF THE SEXUALLY ORIENTED BUSINESSES. Chairman F~umara cai]ed the work session to order on the Zoning for the Sexually Oriented Business. Each sect]on of the ordinance was taken individually with a discussion following each zoning the Commission wanted for each type. ARCADE. None allowed ]n ail zoning classifications except for: Industrial Area, Light and Heavy Commercial these will need a Specific Use Permit. BOOKSTORE None allowed ]n all zoning classifications except for: Neighborhood Service, Business Park these will need a Specific Use Permit. VIDEO STORE None allowed all zoning classifications except for: Neighborhood Service, Industrial Area, Light and Heavy Commercial these will need a Specific Use Permit ADULT CABARET None Allowed all zoning classifications except for: Light and Heavy Commercial and Industrial Area. ADULT MOTEL None allowed all zoning classifications except for: Light and Heavy Commercial and Industrial ADULT MOTION PICTURE Outdoor type movies: none allowed in any zon]ng~ classifications except for Industrial Area. * Indoor movies:,.none allowed in any zoning classifica- tion except for : Genera] Retail and Bus]ness Park these wi]] need a Specific Use Permit. ADULT THEATER Outdoor Theater: none allowed in any zoning c]assif- icatJon except for: Industrial Area. Indoor Theater: none allowed any zoning classification except for: Genera] Retail, Neighborhood Service, Business Park these wi]] need a Specific Use Permit. ESCORT SERVICE/AGENCY The Commission Members had several questions regarding this type of business, and how it should be zoned. Chairman F]umara asked Ms. Carroll to contact other area Cities and check on how they classified zoning on this particular bus]ness. 5 3,? (2) NUDE MODEL STUDIOS None allowed a]] zoning c]assJfJcatJons except for: Light and Heavy Commercial and Industrial Area. SEXUAL ENCOUNTER CENTER None allowed all zoning classification except for: Light and Heavy Comercia] and Industrial Area. After some discussion all the Commission Members concurred that these zoning classifications were questionable and would like references from other cities pertaining to their zoning. Chairman Fiumara asked that Ms. Carroll gather information from area cities and br]ng~ Jt to the March 24th meeting. At this meeting the Commission will combine the Public Hearing for Billy's Liquor and another work session on the zoning for the Sexually Oriented Businesses Ordinance. At this time Member Bock made a motion to adjourn the meeting and ~t was seconded by Member Sharp. The meeting was adjourned at 9:25 p.m.. Robert Fiumara, Chairman ~y Shir~, Recording Secretary * ADULT MOTION PICTURE -addition of Shopping Center, Light and Heavy Commercial these w~l] also need a Specific Use Permit for indoor motion pictures. 53 ] MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MARCH 24, 1987 A REGULAR'SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to Order at 7:30 p.m. with the . following Members in attendance: Bob Fiumara Chairman Agnes Foster Member BilZ Sharp Vice-Chairman Tim Solohubow Member Earl Brantley Member Cathy Boc~ Member will all Members present a quorum was established. Also in attendance were Assistant City Manager, Janice Carroll; Recording Secretary, Judy Shirk; Mr. Thomas Huch of TGMA, Inc. Architecture, Development and Investments; Ms. Mona Effler of the Challenger Newspapaer. A Motion to open the meeting was called by Chairman Fiumara and seconded by Member Foster. The motion carried with the following vote: Ayes Ail present Noes None ]. Approval of Minutes of February 27 and March 10. A motion to approve the minutes of February 24, was made by Member Bock and seconded by Member Solohubow. The motion carried with the following vote: Ayes All present Noes None At this time Member Foster a~ked that a correction be m~de-~n the March 10th minutes regarding the zoning for an Indoor Theater. Light & Heavy Commercial along with Shopping Center should be added to this item to be a Special Use Permit zoning. After corrections were noted Member Foster made the motion to approve the Minutes of March ]0. the motion carried with the following vote: Ayes All present Noes None 2. Citizen Input. None at this time. ~/3. Report from Commission Member regarding City Council meeting. No report at this time. It was noted that Member Brantley was to attend the City Council to be held on April 8th, ]987. 4. Public Hearing as requested by Billy's Liquor for a change of Zoning on property presently Zoned General Retail. The applicant seeks to have the Comprehensive Zoning Ordinance and Zoning Map of the City amended so as to give the following described property a Specific Use Permit classification for the sale of beer, wine and liquor for off-premise consumption. ** At this time Bill Sharp excused himself from the hearing due to the fact that he is the owner of Billy's Liquor and he felt that this was a conflict of interest. A motion to open the Public Hearing was made by Member Bock and seconded by Member Brantley the motion carried with the following vote: Ayes All present Noes None Chairman Fiumara asked if there were any citizens present who wished to express their views on this item. There was no citizen input at this time but Chairman Fiumara did recognize two letters that had been recieved from citizens by mail. Glenda Davis -Baxter 535 4813 Branch Hollow, The Colony, Texas 75056 and Mr. Randell L. Washburn of 4713 Branch Hollow, The Colony, Texas 75056. Each of these individuals are against the Specific Use Permit. At this time a motion was made by Member Bock to approve the Specific Use Permit as requested by Billy's Liquor for the sale of beer, wine and liquor for off-premise consumption. The motion was seconded by member Foster and the motion carried with the following vote: Ayes; Members Bock, Foster, Brantley, Solohubow and Chairman Fiumara with Member Dawsey abstaining. Noes, none. 5. Review and Consideration of Site Plan for Billy's Liquor. *** Mr. Thomas P. Huch of TGMA, Inc. was introduced by Member Sharp to the Commission. Mr. Huch presented the site plan to them for their approval. The building itself will have two separate areas. One area for the sale of liquor and the other area for the sale of beer and wine. The landscaping will include four (4) Crepe Mrytles, one hundred twenty-five (125) Asian Jamine plants, and one hundred eighty-five (].85) annuals. There will be several four (4) inch pots placed around the area with plants in them. A sprinkler system will be installed. The sprinklers will be placed so as to spray out onto the landscaped area not onto Main Street (F.M. 423). Security lighting will be directed away from the residential area and onto the building site. The site plan did show a six (6) foot safety factor between the front end parking and the Street/Fire Lane easement that will run adjacent to Wendy's property. At this time Member Solohubow expressed concern about this six (6) foot difference. He felt that this would be a safety problem and would cause drivers to "weave" when driving the length of this easement. He did not feel that a red marked fire lane would be sufficient to prevent this from happen- ing. Member Bock also concured with Member Solohubow on this point. The Planning & Zoning Commission would like to maintain consistancy through-out this entire seven acre tract,particularly in the twenty-four (24) foot Street/Fire Lane easement. It was noted that a twenty-four (24) foot easement should be marked not a thirty (30) foot easement. A lengthy discussion followed. At this time the Commission Members asked about the drainage. The drainage inlet box at the rear of the property should be moved to the Southeast corner of the property.' This suggestion by Fox & Jacobs was approved by the Commission. Mr. Sharp should obtain a letter from Fox & Jacobs for the use of their land to prepare his site for construction. The Commission Members were also concerned that the parking at Wendy's would overhang into the drive-through at Billy's Liquor Mr. Huch stated that this would not happen that there was sufficient room in this area to compensate for the parking. It was noted by the Commission Members that a turn radius be provided by Wendy's on the curb they will install on the South side of their property. This radius will allow customers from Billy's to turn onto Wendy's site without running over the curb. This turn radius will be applied to each site as the tracts are developed. At this time Member Bock made the motion to approve the site plan with the following stipulations: 1. The drainage be changed as Fox & Jacobs requested. 2. That Hal Jones, Traffic Engineer, review the six (6) foot safety factor adjacent to the Street/Fire Lane easement. The Planning & Zoning Commission will concur with his decision. 3. If Hal Jones determines that the six (6) foot safety space should be removed that the owner of the property has the option as to how the landscaping will be done in the six (6) foot vacant area. The motion was seconded by Member Brantley and carried with the follow- ing vote: Ayes Ail present Noes None 6. General Business. Ms. Carroll brought the Commission Mebers up to date on the zoning for the Sexually Oriented Business Ordinance. She stated that she had talked to a Mr. Guy from the City of Carrollton and was told that Carrollton did not zone these businesses but controlled them by Certificate of Occupancy Permits and Licensing requirments. Ms. Carroll was asked by the Commission Members to gather more information regarding this and to present it to the Commission at a later date so that a decision could be made on how to proceed with this situation. At this time a motion to adjourn the meeting was made by Member Foster and seconded by Member Solohubow. The motion carried with the following vote: Ayes Ail present Noes None The meeting adjourned at 9:00 p.m. Robert Fiumara, Chairman ~d~y Shir~, Re~o~ding S~cretary * Correction Member Tom Dawsey was present at this meeting. ** Clarification: Member Sharp excused himself from this hearing because he is a Member of the Commission and the owner of Billy's Liquor which he felt created a conflict of interest on his part. Chairman Fiumara did excuse Member Sharp from the meeting. *** Correction: should read Mr. Sharp not Member Sharp as he is still excused from the Commission at this time. **** Member Bock did report on the City Council meeting at this time. She stated that the City Council did approve Winn Dixie. 538 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON APRIL 7, 1987 A SPECIAL SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to Order at 7:35 p.m. with the following Members in attendance: Bob Fiumara Chairman Bill sharp Vice-Chairman Agnes Foster Member Cathy Bock Member Tom Dawsey Member Tim Solohubow Member Earl Brantley Member Also in attendance were City Manager, Bill Hall; Assistant City Manager, Janice Carroll; Director of Public Works, Tommy Turner; Recording Secretary, Judy Shirk; Mr. Jeff Ball of The Colony Leader; Mr. Hal Jones, City Traffic Engineer; Mr. Burgess and Mr. Westermyer of "Taco Bueno". A Motion to open the meeting was made by Member Bock and seconded by Member Solohubow. The motion carried with the following vote: Ayes Ail present Noes None ]. Review and Consideration of the "Taco Bueno" site plan. Ms. Janice Carroll introduced Mr. Burgess to the Planning & Zoning Commission Members. Mr. Burgess gave the Members a brief history of "Taco Bueno" then Mr. Burgess introduced Mr. Westermyer to the Members. Mr. Westermyer then went over the site plans with the Members. The Commission Members had several concerns regarding these plans. They felt that the building needed to be moved three (3) feet in on the North side of the property. Mr. Burgess said that this had already been taken care of. They felt that the back parking needed to be paved again Mr. Burgess stated that this was not a problem and would be taken care of. Chairman Fiumara asked about the sprinkler system and would they maintain the easement at the front of the site. Mr. Burgess told the Commission that "Taco Bueno" took great pride in their landscaDinq and that the City would be proud of their work and they felt that the easement was.- part of their responsibility and they would be taken care of. The Commission Members also asked about the Water Meter and it's placement at the front of the property and the storm sewer collector boxes at the rear of the property. Mr. * Burgess said that this would be alright with them and it would be done. Along with these concerns several others were raised regarding traffic. Mr. Hal Jones~approached the~Commission on~' these matters and a discussion followed. After discussion Chairman Fiumara asked Mr. Burgess if they could have site plans with all the corrections in them ready to be presented to the Planning & Zoning Commission meeting to be held on April 14th. Mr. Burgess asked Chairman Fiumara and the Commission Members if it would be possible to approve the plans with the corrections to be done and presented to the City Council and the Commission within fifteen (]5) days. Mr. Burgess stated that his company. was hitting a deadline and needed to get this project approved as soon as possible. At this time Chairman Fiumara called a five (5) minute recess. After reconvening Chairman Fiumara asked for a motion on the approval of the plan Member Bock made a motion to approve the Site plans with the following corrections and that no building permits would be issued until the corrections are made and copies of these corrections made available to the Commission Members and the City Council. ]. The length of the Southern median will be twenty-five (25) feet from curb to the Southern property line; a radius of the inside curb will be twenty (20) feet. (Outside curb will be a radius of twenty-five (25) feet.) 2. The Northern median, the street side curb will be adjusted to a twenty-five (25) foot radius; the inside curb will be adjusted to a twenty (20) foot radius. 533 3. An eight (8) foot radius will be required on the curb dividing the site from Wendy's property. 4. A two (2) foot grassy area is required on the curb dividing the site from Wendy's property to assure that parked cars will not extend into Wendy's drive when parked. 5. The front median will be irrigated on both sides of drive. 6. The curb adjacent to dumpsters area will be shortended by six (6) feet to assre an adequate turning radius. 7. Site Plan must be approved by Terry Millican, Engineer 8. Engineers stamp must be on the plans. 9. Must change the radius on the curve of the drive thru in the rear of the building from eighteen (18) feet to twenty (20) feet. 10. Staff review comments must be addresed (there is a copy of these in your packet for the April 7th meeting). ll. The site plans must be in conformance with all applicable City Codes. 12. All Handicapped parking must be designated properly. The motion was seconded by Member Solohubow and it carried with the following vote: Ayes All present Noes None At this time Chairman Fiumara asked that updated copies of the site plans be made available to all Commisison Members and the City Council it was so noted by the recording secretary to placed in the minutes of this meeting. A motion to adjourn was made by Member Solohubow and seconded by Member Brantley the motion carried with the following vote: Ayes All present Noes None The meeting adjourned at 8:35 p.m. Robert Fiumara0 Chairman * Line Nineteen of paragraph ] of Review and Consideration of Taco Bueno site plan correction: should read "satisfactory" instead of alright. ~Udy Shi~, Recording Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON APRIL 14, 1987 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to Order at 7:30 p.m. with the following Members in attendance: Bob Fiumara Chairman Agnes Foster Member Tom Dawsey Member Earl Brantley Member Tim Solohubow Member~ Bill Sharp Vice-Chairman Cathy Bock Member (arriving late, 7:40 p.m. Due to personel business) however, with Member Bock arriving late, a quorum was established. Also in attendance was Assistant City Manager, Janice Carroll; Public Works Director Tommy~,~Turner; Recording Secretary, Judy Shirk; Mr. Jeff Ball of The Colony Leader; Ms. Judy Oaks of Hunsicker Bullough; and Mr. Carl Endress owner of The Colony Bottle Shop. A motion to open the meeting was made by Member Brantley and seconded by Member Foster the motion carried with the following vote: Ayes Ail present Noes None 1. A motion to approve the minutes of the March 24th meeting was made by Member Dawsey with the following corrections: 1. Member Dawsey was present at the March 24th meeting. 2. Regarding Public Hearing on Billy's Liquor~ paragraph tWO, ~larifi~tion'~Member~Sharp excused himself from this hearing because he is a Member of the Commission and the owner ~,of Billy's Liquor which he felt would create a,conflict of interest on his part. Chairman Fiumara did excuse Member Sharp from the hearing. 3. Paragraph five Public Hearing Billy's Liquor should read Mr. Sharp not Member Sharp as he is still excused from the Commission at this time. 4. Report Commission Member regarding City Council meeting. Member Bock did report that the City Council did approve Winn Dixie. The motion was seconded by Chairman Fiumara and carried with the followa ing vote: Ayes All present Noes None A motion to approve the minutes of the Ap~il,Tth meeting was made by Member Dawsey with the following corrections: line Dineteen of the first paragraph on Review and Consideration of the "Taco Bueno" should read "satisfactory" instead of alright. The motion was seconded by Member Foster and carried with the following vote: Ayes All present Noes None 2. Citizen Input None at this time. 3. Report from Commission Member regarding City Council meeting. At this Member Bock arrived, time 7:40p.m. Chairman Fiumara attended the City Council meeting held on April 8th, 1987. He stated that the City Council felt that "Taco Bueno" should have a sidewalk,as per Wendy's and Billy's Liquor. The City Council agreed with the changes that were assessed by the Commission for "Taco Bueno" and for them to adhere to these changes in their site plan. At this time Chairman Fiumara stated that he would talk about the Specific Use Permit Zoning during the General Business part of this meeting. (2) 54 2 4. Public Hearing as requested by Stop & Go for a change of zoning on property presently Zoned Shoppihg Center. The applicant seeks to have ~he Comprehensive Zoning Ordinance and Zoning Map of the City amended so as to give the following described property a Specific Use Permit for the sale of beer & wine for off-premise consumption, A motion to open this hearing was made by Member Foster and seconded by Chairman Fiumara. The motion carried with the following vote: Ayes All-present Noes None At this time Chairman Fiumara asked for a motion to continue the Stop and Go Public Hearing until the next regular session of the Planning & Zoning Commission to be held on the 28th day of April. The motion was made for a continuance by Member Foster and seconded by Member Dawsey. The motion carried with the following vote: Ayes All present Noes None 5. Public Hearing as requested by The Colony Bottle Shop for a change of zoning on property presently Zoned Shopping Center. The applicmRt seeks to have the Comprehensive Zoning Ordinance and Zoning:,Map~of~the- City amended so as to give the following described property a Specific Use Permit classification for the sale of liquor, beer and wine for off-premise consumption. 6805 Main ( F.M. 423) Suite ]00. At this time Member Sharp excused himself from the hearing and the vote due to Member Sharp being in direct competition ;w~h The Colony Bottle Shop as Member Sharp is the owner of Billy's Liquor. Chairman Fiumara did excuse Member Sharp. Member Brantley made a motion to open the Public Hearing on The Colony Bottle Shop the motion was seconded by Member Foster. The motion carried with the following vote: Ayes All present Noes None Ms. Judy Oaks of Hunsicker Bullough and Mr. Carl Endress owner of The Colony Bottle Shop were-recognized by the-'Commission Members. Mr. Endress asked that the name of his business be changed to it's rightful name which is The Colony Bottle Shop not The Bottle Shop. It was so noted by the Recording Secretary. At this time the Commission Members reviewed the site plan for The Colony Bottle Shop. Mr. Endress informaed the Commission that he would like to put in a drive-thru window at the rear of his building. Member Brantley felt that there was not enough existing room for this to be accomplished. The other Commission Members concurred with Member Brantley on this. A lenghtly discussion followed. Member Bock asked that Mr. Hal JOnes the City's Traffic Engineer review this plan for the drive-thru and if Mr. Jones feels that it is feasable:than,the Co~misSion members'will concur~¥ Chairman Fiumara raised a question regarding the signage to be used by Mr. Endress. At this time Ms. Oaks stated that all signage in the Oaks Village Shopping Center will be within the City Codes. One Hundred (100) square feet and no more than thirty-six (36) inches in height. Questions were~also :raised:regarding,,the type o~ doors that will be~ used, the distance between these doors and the fire exist. Also it was noted by Ms. Oaks that the door that should have been at the rear of the building has been moved to the side of the building and may cause a problem 'with the:deliveries to be made. Chairman Fi~mara asked that Ms. Carroll research these questions and bring her findings back to the Commission at the next meeting. At this time member Bock made a motion to,continue the Public Hearing and site plan review fo The Colony Bottle Shop to the next regular session of the Planning & Zoning Commission so that Mr. Hal JOnes City Traffic Engineer can review the site plan and Ms. Carroll can research the Codes involving the doors and their placement. The motion was seconded by member Brantley and carried with the following vote: Ayes None Noes None 6. Review of corrected "Taco Bueno" site plan. At this time the Commission Members referenced Terry Millican of J.T. /3/ Millican and Associates, Inc's letter regarding several items that need attention before the final plans can be approved. The items are as follows: 1. The storm sewer is not shown on the~drainage plan, 2. The existing contours are not shown on the drainage plan. 3. Water and sewer service lines are not shown. Also, a grease trap should~be shown and installed on the sewer line serving the kitchen area. 4. Grate inlet details were not furnished. 5~ Drainage area map and storm .water calculations should be provided. 6. Finished floor elevation for the resturant should be indicated. 7. There is a problem in the drainage plan in that water will pond just north of the drive-thru window in the concrete flume. Also noted by Mr. Millican was that the 7.03]. acre Subdivision has not been recorded as a Subdivision. If this plat and ~ubdivision has not been recorded in Denton County Court House that no further construction be allowed until such time as the subdivision is recorded. Mr. Millican stated that there is no objection to the concepts shown on the preliminary site plan and therefore do not object to it's approval by the Planning and Zoning Commission. Chairman Fiumara stated that these items, excluding #5 to be taken care of before final approval on the site plan will be given. 7. General Business. Chairman Fiumara brought up the Handicap Parking and the need to make the markings uniform through~out the City. The Commission would like one color designated to be used by all business areas. Member Dawsey is scheduled to attend the next City,Council meeting to be held on April 20th. Chairman Fiumara suggested that Member Dawsey approach the Council on having a contest for students to look into the Handicap markings and research the state to see if there is a uniform color desgnated for this. The winner of the contest to receive one (1) month free swimming aG the Aquatic Park. At this time Chairman Fiumara brought up the, S~ecific Use Permit, the fact that if the owner of a business with a Specific Use Permit sales his business or closes,that the Specific Use Permit Zoning still applies to this location. The new owner of this location, even if it is not to sale beer, wine, etc; will be Zoned to do so it they like. Chairman Fiumara asked that Ms. Carroll contact the City Attorney and see how this can be rezoned back to the original zoning as soon as possible. Chairman Fiumara also asked that the City Staff make a list of all Specific Use businesses in the City and make a note when a change of owner or the business closes so that the Commission can rezone immediately. At this time the Commission Members discussed the need for guide lines for Staff Members, Engineers and the Commission to look over and check to see that all the requirments are followed by the businesses when they apply, for site plans, plats, etc. Ms. Carroll stated that she will look into this and that Staff will compile a form to be used in all these areas. Ms. Carroll informed the Commission Members that she had received a tetter from a concerned Citizen regarding the location of the dumpsters on the Wendy's site and the Taco Bueno site. This Citize wuld like the dumpsters to be located closer to the buildings and not next to the fence area. Discussion followed. Ms. ~arroll stated that she was still waiting for information from Austin regarding the Sexually Oriented Business Ordinance. As soon as she receives the information she will present it to the Commission. (4) 5 I4 Member Branttey excused himself from the meeting at this time. Further discussion followed on teh Sexually Oreinted Business Ordinance. At this time Member Dawsey asked that the Recording Secretary be sure to note when a Member excuses~themselves and then is received back in as a Member of the Commission. It was so noted by the Recording Secretary. At this time a motion was made by Member Sharp to adjourn the meeting. The motion was seconded by member Baock and carried with the following vote: Ayes Ail present Noes None Meeting adjourned at 10:15 p.m. Robert Fiumara, Chairman MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON APRIL 28, ]987 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to Order at 7:30 p.m. with the following Members in attendance: Bob Fiumara Chairman Billy Sharp Vice-Chairman Earl Brantley Member Tim Solohubow Member Cathy Bock Member Tom Dawsey Member However; with Member Foster absent due to business a quorum was established. Also in attendance was Janice Carroll, Assistant City Manager; Tommy Turner, Public ~orks Director; Judy Shirk, Recording Secretary; Jack Thompson of Stop & Go; Carl Endress owner of The Colony Bottle Shop; Judy Oaks of The Colony Joint Venture; Charlie Redd Engineer for Stop & Go; and Mr. Hal Jones, City Traffic Engineer. A motion to open the meeting was made by Member Bock and seconded by Member Solohubow. The motion carried with the following vote: Ayes All present Noes None Item 1. Approval of the Minutes of the March 14th meeting. The motion to approve the minutes of the March 14th meeting was made by Member Solohubow and seconded by Member Bock with the following correction:l.Member Brantley did attend the April 8th City Council meeting with Chairman Fiumara. 2. Member Solohubow was absent at the last meeting. The motion Carried,with,the following vote: Ayes All present Noes None Item 2. Citizen Input. None at this time. Item 3. Report from Commission Member regarding City Council Meeting. Member Dawsey attended the Council meeting and spoke to them in regards to the Handicap Parking and approach them on the contest. At this time Member Solohubow asked that this discussion be set aside for now to be brought back during the General Business part of the meeting, as he has several questions regarding this item. All the Commission Members were in favor and it was so moved by Chairman Fiumara. Item 4. Public Hearing continued from the April 14th meeting regard- ing the request by The Colony Bottle Shop for a Specific Use Permit for the sale of beer, wine and liquor for off-premise consumption at 6805 Main (F.M. 423) Suite ]00. A motion to re-open the Public Hearing was asked for by Chairman Fiumara. The motion was made by Member Bock and seconded by Member Solohubow. The motion carried with the following vote: Ayes All present Noes NOne Member Sharp asked that he be excused for this Public Hearing due to the fact that he is a Commission Member and the owner of Billy's Liquor and is, in-direct CompetiOn with Th~ Colony Bottle Shop. Chairman Fiumara excused Member Sharp from these proceedings. At this time Hal Jones, City Traffic Engineer gave his comments regarding his review of the site plan. Mr. Jones recommended that the request for an additional curb cut on Main Street (F.M. 423) be denied. He also advised the Commission that he did not recommend a drive-thru cOnfigura- tion that would direct cars to the rear of the building or direct them back to the front of the building. Both config- urations would empede traffic flow. At this time the Commission Members did advise Mr. Endress and Judy Oaks, representing The Colony Joint Venture, that they were not against a drive-thru window for a liquor store, but could not approve one at this location. Concerns were also raised regarding sufficient space in the rear of the store for the delivery of goods was discussed. The Commission Members did advise Ms Oaks that five (5) parking spaces could be removed2 to provide a marked loading zone. Ms. Oaks presented an alternate plan for parking on the East end of the building adjacent to a pick-up window. This plan was not approved by' the Commission. After extensive discussion regarding the drive-thru window Mr. Endress asked that the Specific~Use Permit not be voted onat this time. A motion to close the Public Hearing was made by Chairman Fiumara and seconded by Member Brantley. A Motion to deny the drive-thru window because 6f Traffic flow problems and that five (5) parking spaces in the rear of the site be deleted and marked for a loading zone and that the Specific Use Permit be tabled at this time for reveiw on or before sixty (60) days from this date of April 28th. t~ be called for a vote from the Commission by Mr. Endress, was made by Member BYantley and carried with the follow~g'vote: Ayes All present Noes None At this time Chairman Fiumara asked that Mr. Sharp resume his duties as Member Sharp of the Commission. Item 5. Member Shard made a motion to table the review of the plat for Stop & Go until an~Engineers Stamp is affixed' to the Plat. The motion was seconded by Chairm~n Fiumara and carried with the Following vote: Member Bock, No; Member Brantley, No; Member Da~sey, abstain; Member Solohubow,Yes; Member Sharp, Yes; Chairman_Fiumara, Yes. Item 6. Review and ConsideratiOn of the Site Plan for Stop & Go. At this time M~. HaI Jones3tOok the floor to discuss his revisions per his letter of April 23rd. Mr. Jones addressed five (5) revisions they are: ]. The driveways off of North Colony Blvd. shall have a fifteen (15) foot radius from the street and ten (10) foot radius from inside the property. 2. The driveway to the west of the property shall be widened only six (6) feet on the east side for a total width of thirty (30) feet. This will insure that the incoming traffic will not be directed into the traffic island at the corner of the building. This design will permit a WB-40 Truck to exit form the shopping center. 3. The east driveway on North Colony Blvd. will permit access for trucks to enter the property. 4. The driveway off F.M. 423 shall be widened only six (6) feet to the south for a total width of thirty (30) feet. If the developer wants a thirty-five (35) foot ~rive-way the additional five (5) feet shall come off of the north side. 5. The driveway approaches should be centered with the driveway. Member Solohubow raised a question~regarding the additional curb cut asked for by Stop & Go onto North Colony Blvd. He feels that this curb cut is not necessary and will, in the future cause traffic problems at this point. A lengthly discussion followed this i~emi- ,Chairman~Fiumara also stated that if the curb cut off F.M. 423 is to be widened six (6) foot that the building line for the next site, adjacent to the Stop & Go site be reviewed by the Commission before any building be done. The building line may need to be moved to insure proper traffic control due to the enlarge- ment of the curb cut. Discussion followed this item. At this time Chairman Fiumara made a motion that the additional curb cut asked for by Stop & Go be denied due to future traffic pr0blems. The motion was seconded by Member Solohubow, The motion~car~ied w~th ~h~ ~t6wing vote: Member Bock, No; Member Solohubw, Yes: Member Dawsey, Yes; Member Sharp, Yes; Member Brantley, No; Chairman Fiumara, Yes. At this time Chairman Fiumara called a five,~{5)~ minute recess: Meeting called back to order at 9:58 p.m. At this time Ms. Oaks approached the Commission on behalf of Mr. Endress. She asked that the Commission at this time take a vote on the Specific Use Permit for Mr. Endress. Chariman Fiumara made a motion to table Agenda Item #6 to go back to vote on Agenda Item #4. The motion was seconded by Member Dawsey and carried with the foltowin vote: Ayes Ail present Noes None A motion to approve the Specific Use Permit for 6805 Main Street Suite 100 ' (F.M. 423) The Colony-BOttle,Shop with the following stipulations: 1. No drive-t~u window. Fivei~(5) parking~spaces at'%he ~ear of the site be removed and~marked loading zone. was made by Member Brantley and seconded by Member Bock. The motion carried with the following vote: Member Bock, Yes, Member Brantley, Yes; Member Solohubow, Yes; Member Dawsey, abstain; Chairman Fiumara, Yes. At this time Chairman Fiumara stated that a name change for the business can be used. Motion to reconvene on Item #6 made by Member Dawsey seconded by Member Solohubow, carried with the following vote: A~s All present Noes None At this time a Motion was made by Member Bock to approve the Stop & Go site plan with the following contingencies: 1. That the curb cut on F.M. 423 be changed to thirty (30) feet with a t~n (10) foot radius. 2. That landscaping be placed from back of curb on North Colony Blvd. and F.M. 423 to back cf curb cut on Stop & Go's property in parking lot. 3. That signage neet all sign ordinance requirements. 4. That it be considered that at the time of the site plan approval for Lot 4B (not yet replatted) that the curb '. cut on F.M. 423 be widened six (6) feet on South end to be in ilne with property line. 5. That the western most curb~cut on North Colony Blvd. on the east side be sidened an additional six (6) feet with a fifteen (15) foot radius on the outside curb. 6. That there are eighteen (18) parking spaces rather than twenty (20) shown. The motion was seconded by Member Sharp and carried with the following vote: Ayes Ail present Noes None At this time Mr. Jack Thompson of Stop & Go raised his okjection for not allowing the additional curb cut on N. Colony Blvd. Mr. Thompson stated that this cut is very important for traffic flow. Item #7. Public Hearing for a Specific Use Permit for the Stop & Go located at the Northwest Corner of Main (F.M. 423) at North Colony Blvd. 6808 Main (F.M. 423) for the sale of beer~and wine for off-premise consumption. A motion to open the Public Hearing was made by Member Sharp and seconded by Member Solohubow. The motion carried with the following vote: Ayes Ail present Noes None Member Solohubow asked<that the letter recieved from Cindy B. Mosher, of 4620 Larner be recognized in the minutes as to her objection %.0 th the Stop & Go recieving a Specific Use Permit. The Commission Members did not have any prcblem with the location of the beer and wine within the store. At this time Member Bock made a motion to close the Public Hearing for Stop & Gc. The motion was seconded by Member Brantley · The motion carried with the following vote: Ayes Ail present Noes None A motion to approve the Specific Use Permit for the Stop & Go was made by Member Sharp and seconded by Member Bock. The motion carried with the following vote: Ayes All present Noes None Item #8 Genera] Business. Several points were gone over by the Commission Members at this time in retards to the meetings. If all information is not gathered prior to the scheduled meeting than that Agenda Item will be cancelled Must have all recommendations by Engineers and Staff Members prior to the scheduled meeting. At this time Ms. Carroll stated that she had met with Mr. Mitchell in regards to procedures for the Planning and Zoning Commission. Mr. Mitchell will be putting together a check off list for the City Staff and the Engineers to go over on each case. Mr. Michell will be going over what is needed on site plans and plats. A time frame will be establised for each case so that everything is done that needs to be done before it comes to the Commission for review. Ms. Carroll will be keeping the Commission aware of the progress of Mrl ~Mitchell. The 7.031 Plat has been filed. Austin report has been recieved and Ms. Carroll will be getting with the Commission in regards to this. Chairman Fiumara and Member Brantley will be attending the City Council meeting to be held on April 4th to give a brief presentation on the Stop & Go site plan. Chairman Fiumara asked that Ms. Carroll check into the Lombardi Center that it has not been built to the specifications that the Commission Members had laid out. At this time Tommy Turner stated that the new Middle School should be coming before the Commission soon. That he has heard from Sonic and they are preparing to come before the Commisison as soon as possible. He assured the Commisison that the City Staff would review the Stop & Go plat again. A motion to adjourn the meeting at this time was made by Member Sharp and seconded by Member Bock. The motion carried with the following vote: Ayes Ail present Noes None Adjourned at 11:25 p.m. Robert Fiumara, Chairman 552 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MAY 26, 1987 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to Order at 7:30 p.m. with the following Members ]n attendance: Bob FJumara Chairman B]11 Sharp Vice-Chairman Agnes Foster Member Tim Solohubow Member Earl Brantley Member Tom Dawsey Member Cathy Bock Member A quorum was established with all Members present. Also ]n attendance was Jan]ce Carroll, Assistant City Manager; Tommy Turner, Public Works Director; Judy Shirk, Recording Secretary; Mr. Charl]e Redd, Civil Engineer for Stop & Go. A mot]on to open the meeting was made by Member Dawsey and seconded by Member Foster. The mot]on carried with the following vote: Ayes All present No None 1. Approval of the Minutes for Apr]] 28, 1987. A mot]on to approve the minutes as they stand was made by Member So]ohubow and seconded by Member Dawsey. The mot]on carried with the following vote: Ayes All present Noes None 2. C]t]zen Input. None at this time. 3. Report from Commission Members regarding City Council meetz lng held on April 18, 1987. Chairman F]umara and Member Brant]ey attended this Council meeting. Chairman F]umara stated that the City Council did approve the Specific Use Permit for the Stop & Go to be located at 6805 Main (F.M. 423). Chairman F~umara also stated that the City Council had also turned down the curb cut on N. Colony Blvd. Member Brant]ey informed the Commission that the City Council did not approve the plat for the Stop & Go at the above location. They felt that the Commission needed to review this plat before any act]on was taken by the Council. Chairman F~umara and Member Brantley were appointed to the Planning & Zoning Commission for another two year term. 4. Approval of final plat for the Stop & Go to be located at 6805 Main (F.M. 423). Chairman F~umara stated that the plat was ]n order and had been prepared correctly and that ]t was ready for approval by the Commas]on. Chairman F]umara asked ]f there was any discussion pertaining to th~s plat. There was no discussion. A mot]on to approve the final plat for the Stop & Go for lots #3 and 4 of Oaks Village Shopping Center to be used by the Stop & Go was made by Member Brant]ey and seconded by Member So]ohubow. The mot]on carried with the following vote: Ayes All present Noes None 553 (2) 5. Summer meeting schedule, At this time the Commission went over several cases that will be coming before them during the summer months. Tentative dates were set for each case at this time. JUNE 2, 1987. LEWISVILLE INDEPENDANT SCHOOL DISTRICT. New proposed Middle School to be located at the corner of Keys and Anderson. This site plan has been corrected and is ready for review. JUNE 9, 1987. I.B.M. Re-zoning of property now zoned as Industrial and Agricul- tural to Business Park and to have their two hundred (200) foot set back amended to one hundred (100) feet. At this time Chairman Fiumara asked that a copy of the Business Park District Zoning book]et be made available to each Member so that it can be reviewed prior to the I.B.M. hearing. Chairman Fiumara asked that the Sonic Case may need to be held some where other than City Ha]]. Chairman Fiumara ~ felt that there would be a lot of Citizens present for this item, due to it being controversial because of the location of the property it is to be built on. All Comm- ission Members concured with Chairman Fiumara on this point. The Sonic was not scheduled for an agenda date at this time. JUNE 9, 1987 TACO BELL Taco was scheduled to be heard on this date along with the I.B.M. hearing. If they were not ready at this date they were to be moved to the 23rd of June. JUNE 2, 1987 CHURCHES CHICKEN Churches was set for this date to be heard along with L.I. S.D. At this time Ms. Carroll stated that they had not presented their landscape plans as of this date. 5/26/87. Also that there was a problem with the size of the property they were 9oing to use. Chairman Fiumara asked that the Commis§ion hold off on scheduling this item until further update from Ms. Carroll. JUNE 23, 1987- M.C.R. Enterprises, d~a Nick Oprea, would like to build a office ware house to be located on the east side of Larry's Family Resturant. They would ]i. ke a sma]] office area in the front and storage behind this. CAR WASH A car wash would like to go in on the west side of Pizza Inn. The access road for this car wash would be located behind the Pizza Inn and Larry's Family Resturant. Member Btantley expressed concern regarding the amount Of traffic~ that these two new business's will produce onto South Colony Blvd. and the condition of the road that is in front of Pizza Inn and Larry's. Chairman Fiumara asked that a copy of the agreement with the owners of the Shopping Center,lo~ated on the east corner of S. Colony Blvd. and Paige Road,regarding their responsib]ity to fix the S. Colony Blvd. extension road, be provided for the Commiss- ion to review. 554 (3) At th~s time a motion to close the meeting was made by Chairman F~umara and seconded by Member So]ohubow. The motion carried with the following vote: Ayes Ail present Noes None The meeting was adjourned at 8:30 p.m. Robert Fiumara, Chairman Ju~ Sh i ~k ~e~orS i'ng S~cretary 557 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JUNE 9, 1987 A REGULAR SESSION of the Planning & Zoning Commission the City of The Colony, Texas was called to Order at 7:30 p.m. with the following Members in attendence: Bob Fiumara Chairman Bill Sharp Vice-Chairman Agnes Foster Member Tim Solohubow Member Cathy Bock Member Tom Dawsey Member Earl Brantley Member A quorum was established with all Members presetn. Also present'was Mr. Bill Hall, City Manager; Janice Carroll Assistant City Manager; Tommy Turner, Public Works Director Judy Shi~ Recording Secretary; Mr. Larry Claycomb, Architect for Lewisville Independent School DistriCt; and Mr. Bob Thomas, representative for IBM. 1. Approval of Minutes of May 26, 1987 meeting. A motion to approve the minutes, as they stand, for the May 26th meeting was made by Member Bock and seconded by Member Dawsey. The motion carried with the following vote: Ayes All present Noes None 2. Citizen Input. None at this time. 3. Consideration of Site Plan for proposed Middle School to be located on the north side of Keys Drive and approximately five (500) hundred feet west of Anderson Drive requested by Claycomb Associates, Inc. for Lewisvi]le IndePendent School District. Ms. CarrOll informed the Commission'that L.I.S.D. will be coming back before them on the SPecific Use permit at a later date, that for now they would like to have the Site Plans approved. Member Bock asked Mr. Claycomb if enough parking spaces had been provided for. Mr. Claycomb informed Member Bock that there would be over two (200) huncred spaces available for parking, and he felt that this was more then adequate. * Member BrantleY stated that he would like to see another sidewalk along "Parent Drive" he felt that two sidewalks would be more appropriate. Mr. Claycomb felt the the one sidewalk was sufficient for the amou~ of use it will receive. Member Brantl~y also expressed concern regarding the service drive to be located at the back of the School. Member Brantley felt that a curb the length of the Drive or a Restricted Driving sign be placed to prevent motorist from acces~ng the fields with their vehicles. Mr. C]aycomb did not think that this would be a problem that the drive would be monitored by the staff at the school and that it was only for delivery and service use. * Mr' C]aycomb, Archeitct for L.I.S.D. ~tated ±.hat %hey will pu~. ano+~h~r· s~d~wa]k ~]onq "PARENT DRIVE" ' (2) At this time Chairman Fiumara asked for'a motion. ~Member Bock made a motion to approve the site plan for the L.I.S.D. proposed Middle School to be located at Keys Drive and five (500) hundred feet west of Anderson Drive with the following stipulation, that Hal Jones, City Traffic Engineers request that "Parent Drive" be moved thirteen (13) feet for a better a]ingment with Key]and Street. The motion was seconded by Member Foster and carried with the following vote: Member Foster, yes; Member Bock, yes; Member Dawsey, yes; Member Solohubow, yes; Member Brant]ey, ,no; Member Sharp, no; Chairman Fiumara, yes. At this time Chairman Fiumara welcomed citizens present for the Public Hearing regarding the IBM property. Ms. Carroll introduced Mr. Bob Thomas, representative for IBM. Chairman F~umara asked that Agenda Item #5 be heard before Agenda Item #4 based on the amount of input from citizens regarding the one (100~ihundred foot set-back requested by IBM. Mr. Bob Thomas, representative for IBM, gave a brief presentation regarding the IBM request for zoning change and for the change from two (200) hundred feet set-back to one (100) hundred feet set-back. Mr. Thomas stated that the property owned~.by Crow-Bil]ingsley, Which is directly behind the IBM property is zoned Business Park and Mr. Thomas stated that this zoning would be more feasible for IBM also. The request for the change in set- back is based on IBM giving up one (100) feet of Right-Of- Way for the widening of State Hwy #121.on the South end of their property and would like to gain this back on the north end of their property. He Mr. Thomas also stated that IBM w~l] be dedicating the land and paying for the paving of Plano Parkway that will be coming through their property. Item #5 At this time Chairman Fiumara asked that a motion to open the Public Hearing be made. This motion to open the Public Hearing for the request by IBM to have the comprehensive zonig Ordinance and zoning map of the City of The Colony amended from agricultural and Industrial to a Business Park zoning classification on land tracts located south of State Hwy #121 and west of the Burlington Northern Railroad containing 334.171 acreas. The motion was seconded by Member Solohubow and carried with the following vote: Ayes All present Noes None Mr. Ivan Schaffler, 5748 Baker, asked what could be put on a Business Park zoning? High Rise buildings, apartments, housing. Chairman Fiumara stated that possible high rise buildings could be put on this zoning but that the FFA would regulate their height and also any type of buildings would have to come back before the Planning & Zoning CommisSion to be approved before they can be built. No apartments or houses can be built in this classification. Member Solohubow asked why it was advantageous to IBM to have this zoning change at this time? Mr. Thomas stated that Crow-Billingsley property is zoned Business Park and it would be advantageous to both IBM and the City for this entire area to be Business Park. Discussion Followed. At this time Chairman Fiumara asked for a motionno close th the PuDlic Hearing. Member Brantley made the motion to close the Public Hearing. The motion was seconded by Member Foster and carried with the following vote: Ayes All present Noes None (3) 553 M~mber Dawsey~made~'the motion to approve the request by IBM to have the comprehensive zoning Ordinance and zoning map of the Ctiy of The Colony amended from agricultural and Indust- rial to a Business Park classification on land tracts located south of State Hwy #121 and west of the Burlington Northern Railroad containing 334.171 acreas. The motion was seconded by Member Sharp and carried with the following vote: Ayes All present Noes None tem 4 M~ember Bock made the motion to Open the Public Hearing as requested by IBM to have the comprehensive zoning Ordinance and zoning map of the City of The Colony to correct City Ordinances #67 & 80 to change the required set-back from two (200) hundred feet to one (100) hundred feet on property presently zoned Industrial and generally located east of Pa]ge Road and north of State Hwy #121 contain- ing approximately seven hundred sixty four (764) acreas. The motion was seconded by Member Solohubow and carried with the fo]lowing vote: Ayes All present Nones None Several citizens were concerned about this particular item Ms. DorOthy Kzle, 5305 Strickland Cir., What can be put in an Industrial zoning classification, will they be allowed to put in chemical plants? Chariman Fiumara stated anything that will be put on this property will have to come before Planning & Zoning before ]'t can be built. Member Bock told the concerned citizens that there are three classification for Industrial Yes, No and Specific Use, but that anything that is going to be built on this property has to come before Planning & Zoning and that the citizens will be notified of these hearings and will have the opportunity to voice their concerns. Ms. Kzle also wanted to know what wi]l be put into the one hundr6d (100) feet set-back. Mr. Thomas stated that only landscpa]ng would be used in this area. Mr. Ivan Schaff]er, 5749 Baker asked why IBM wants the extra one hundred (100) feet from the two hundred (200) feet set- back? Mr. Thomas stated that IBM wou]d like to regain the one hundred (100) feet that they are giving for the widening of State Hwy #121. Mr. Richard White, 5241 Hawse, What restrictions areplaced on this one hundred (100) feet set-back? Member Brantley informed Mr. White that the one hundred (100) feet set-back is a structural set back and that only landscaping can be used in this area. Ms¥ Mary Lynn 5409 Strickland ct. asked what citizens can do if they are not happy with what is proposed'tO be built in this Industrial zoning~, Chairman Fiumara again explained the Planning & Zoning processes; ieSplat and site plan. Mr. Terry Martin, 5516 Gates, was concerned about the amount of traffic that may be caused by having this an Industrial area. Member Solohubow explained how the Traffics'Engineer reviewed the site plans and determined how they would effect the traffic flow. He then makes recommendations to the P & Z Commission for them to consider before approval of any site plan. At this time a lengthy discussion followed. Member Brantley made the motion to close the Public Hearing for the change in set-back from two hundred (200) feet to one hundred (100) feet. The motion was seconded by Member So]ohubow and carried with the fol]owing vote: Ayes All present Noes None At this time it was noted that several letters had been received regarding the zoning and set-back some for and some against. 5 ;0 (4) At this time Chairman asked that the City Council be made aware that all citizens living within this set-back area be notified when any IBM zoning or site plans are brought before them. They (the citizens) Will be notified by the P & Z Commission,,alsO. Chairman Fiumara asked that this be put in the minutes. So noted. Member Solohubow wanted it noted in the minutes also that ½ of the citizens were for the set-back change and ½ were against Member Bock made the motion to approve the request by IBM ~o~ have the comprehensive zoning Ordinance and zoning map of the City of The Colony corrected by amending City Ordinances #67 & 80 to change the required set-back from two hundred (200) feet to one hundred (100) feet located on property presently zoned Industrial and generally located east of Paige Road and north of State Hwy #121 containing approximately seven hundred sixty four (764) acreas. The motion was seconded by Member Brantley and carried w~th the following vote: Ayes All present Noes None at thi. s time Chairman F~umara called for a five (5) minute recess, time: 9:00 p.m. Reconve~ned. Time: 9:06 p.m. 6. General Business. Chairman Fiumara asked that the Commission receive a recommendation from the City Staff and the Engineers in their packets regarding each case they hear. ~ember Dawsey was asked to get with Police Chief Nick Ristagno and Councilman Harvey Bradley and go over with them the Handicap parking. Member Dawsey said he would be more than glad to do so. A change of procedure regarding receiving of packets was l~itiated at this time. All Commission Members will be picking up their packets from the Distpatch Office at ~ity Hall. The Recording Secretary was asked to be sure and notify all members if a meeting is cancelled. June 23rd, 1987 MCR zoning change w~ll be scheduled. 'l'aco Bell and Churches have been review by staff. Member Bock asked about Nick Oprea and how his relationship with MCR reads. Ms. Carroll stated that Mr. Oprea has a contract with MCR subject to zoning change. Ms. Carroll stated that the zoning procedures with Mr. Mitchell are coming together and should be ready for the Commissions review very soon. Member Bock asked that landscaping guidlines be set. Requirements regarding this need to be set. Member Bock also asked that Industrial zoning needs to be clarified and restrictions looked into. Member Dawsey asked that specific businesses such as a Caberet be clarified as to what type of business they are~ Member Bock regarding temporary business's and how to zone these. Ms. Carroll was asked to report on the staff accomplishment designated from the Council retreat last year. ~s. carroll was asked to provide a list~of S.U.P. that have been passed and are no longer in use. Ms. Carroll was also asked~to provide the specs regarding the Lombardi Shopping Center. Discussion Followed. At this itme a motion to adjourn the meeting was made by Member Brantley and seconded by Member Bock. The motion carried with the following vote: Ayes All present Noes None Meeting adjourned at 10:09p.m. Robert Fiumara, Chairman MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JUNE 23, 1987 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to Order at 7:30 p.m. with the fo]lowing Members in attendance: Bob Fiumara Chairman Bi]] Sharp Vice-Chairman Agnes Foster Member Earl Brant]ey Member Tim Solohubow Member Tom Dawsey Member with Member Bock absent,due to being sequesterd on a Jury Trial, a quorum was established. Also in attendance was Ms. Janice Carroll, Assistant City Manager; Mr. Tommy Turner, Public Works Director; Judy Shirk, Recording Secre- tary; Mr. Nick Oprea, dba for MCR Enterprises; Kenneth Huffman and James Leighton of the Waste Water Treatment Plant; Mr. William T. Rose and Mr. Lynn McGuire owners of MCR Enterprises. 1. Approval of Minutes of the June 9th meeting. A motion to approve the minutes of the JUne 9th meeting was made by Member Sharp and seconded by Member Foster with the fo]lowing correction, that it show that Mr. C]aycomb arcehtect for L.I.S.D. did agree to put in another sidewalk along "Parent Drive" at the new proposed middle school site on Keys Dr. and Anderson Dr. The motion carried with the following vote: Ayes All present Noes None 2. Citizen Input. None at this time. 3. Report from Commission Member regarding the City Council meeting. Member Foster attended the City Council meeting held on June 15th, 1987. Member Foster informed the Comm- ission that the Council did approve the new proposed Middle School site plan. The Council also approved the PLano Parkway R.O.W. 4. PUBLIC HEARING as requested by MCR Enterprises,dba Nick Oprea, to have the comprehensive zoning Ordinance and zoning map of the City of The Colony amended to give the tract of land located just east and adjacent to Larry's Family Resturant, abstract 172A, BBB & C Survey, Tract 7, .500 acrea, a Genera] Retail classif- ication instead of Neighborhood Serivce. Chairman F]umara introduced Mr. Nick Oprea who is repre- senting MCR Enterprises. Mr. Oprea asked the Commission to approve the change of zoning from Neighborhood Service to Genera] Retail so that an Office Warehouse could be located on the above piece of property. Mr. Oprea assured the Commission that the building would comply with all building code requirements. At this time Chairman Fiumara asked for a motion to open the Public Hearing. The motion was made by Member Foster and seconded by Member Dawsey the motion carried with the following vote: Ayes All present Noes NOne Member Solohubow asked where the MCR Enterprises was based. Mr. Oprea informed the Commission that the owners were residents of the City and were in the audience. They are Mr. William T. Rose of 5221 Sherman and Mr. Lynn McQuire of 4440 Hale St. Member Brantley informed Mr. Oprea that he did not approve of the front parking area, Mr. Oprea stated that this was not a problem and that it could be removed. Chair- man Fiumara stated that he would like to restrict the zoning to Genera] Retail with a Specific Use Permit. Mr. Oprea again stated that this would not be a problem and the owners of MCR Enterprises concurred with Mr. Oprea that~they would comply with this. This section of land will need to be plated and Mr. Oprea stated that it would be. At this time Chair- man Fiumara asked if there was any citizen input. There was none. Chairman Fiumara asked that it be put in the minutes of th~s meeting that The First Colony Bank, 5200 Paige Road, did agree to the zoning change. At this time Chairman Fiumara asked for a motion to close the Public Hearing. The motion was made by Member Brant]ey and seconded by Member Sharp, the motion carried with the fo]lowing vote: Ayes All present Noes None After the closing of the Public Hearing a lengthY[di[scussi0n followed regarding what Mr. Oprea would need on his site plan to bring back before the Commission for their review. After discussion Chairman Fiumara made the motion to approve the zoning change on abstract 172A, BBB & C Survey, tract 7, .500 acrea from Neighborhood Service to Genera] Retail subject only to the Specific Use Permit and Site Plan approval, that Mr~ Oprea obtain a letter signed by both owners of MCR Enterprises stating that he, Mr. Nick Oprea, is in fact representing both part~es in this matter. That these be brought before the Commission prior to going before the City Council. The motion was seconded by Member Dawsey and carried with the following vote: Ayes All present Noes None 5. Industrial Waste Ordinance. Mr. Tommy Turner introduced Kenneth Huffman and James Leighton of the Waste Water Treatment Plant to the Commission Members. Mr. Huffman and Mr. Leighton gave a lengthy talk on the workings of the Treatment Plant and the fact that a Industrial Waste Ordinance needs to be drawn up and put into action as soon as possible. Within the Ordinance a clause must be inserted to give the c~ty the authority to take action up to and including the termination of any company using our facility for their waste. The reason fOr this clause is to protect our Waste Water Treatment Plant from damage caused by some types of Industrial Waste materials. At this t~me Chairman Fiumara asked if they, Mr. Huffman and Mr. Leighton, had contacted surrounding cities regarding their Industrial Waste Ordinances' Mr. Leighton stated that they had contacted Fort Worth, Dallas, Denton, Lewisville, Flower Mound, Plano , etc;. Chairman Fiumara asked what the capacity of our plant was. Mr. Leighton stated that it now handles 1.5 million but has the capacity for 2.5 million gallons of waste per day. Chairman Fiumara asked about the stipulations regarding Eastvale if they are taken into the city. Mr. Huffman stated that anyone within 100 feet of the lines must hook up within one year and that all existing faci]lities must be pumped out and filled in at this time, this also includes water. Mr. Huffman asked if the Planning & Zoning Commission could help in putting this Ordinance (3) together. Member Brant]ey stated that they could have several special sessions regarding this matter. Mr. Huffman and Mr. Leighton were asked to take the main needed points from other area city Ordinances and compare them and then put together what they fee] w~l] be pertinent to The Colony Ordinance and to bring these points before the Commission for review and study at a later date. Mr. Huffman also asked that the city put in a varience clause that can be used by certain businesses if it is neccessar~ With no further discussion Chairman Fiumara sked that the Commission go onto agenda Item #6. 6. General Business. 1. Tommy Turner informed the Commission that the Lombard Shopping Center Site Plans had not been signed and that Mr. Bill Ha]] was still looking into this. 2. Ms. Carroll is st~]l working on the Specific Use Permit for the sale of beer, wine and liquor for off-premise consumption, she will have a report on this at the July 14th meeting. She will also report on the Sexually Oriented Business Ordinance and the proper way to handle this. 3. Member So]ohubow presented a brochure compiled from the landscape ordinance for the City of Dallas. This brochure will be copied and given to each Member at the next meeting. Chairman Fiumara asked that the secretary also contact Dallas and get a copy of the ordinance that pertains to the brochure. 4. Taco Bell needs a conceptual plat plan for the entire area that they will be located on, for the Commission to review on the July 14th meeting. 5. The Commission would also like to go over the procedures they are to follow while reviewing zoning cases, site plans, etc; Ms. Carroll stated that this would be completed at a future date, sometime in ]ate July or August and at this time a presentation will be made. 6. Member Dawsey gave a report on the Handicap Parking. Member Dawsey met with Po]ice Chief N~ck Ristagno and Councilman Harvey Bradley regarding this item. Member Dawsey ~nformed the Commission that if the city designates handicap areas to store owners that the owners can put any type of markings they would like to have, but if the owners provide handicap parking areas on their own the city can designate the type of markings the city would like. The handicap signs now in use in the city are the uniform type designated by the State. Discussion Followed. Member Brant]ey stated that he would like to see the handicap markings and signs as part of the packet to be given to potential developers. at this time a motion to close the meeting was made by Cha~r- man Fiumara and seconded by Member Brantley. The motion carried with the following vote: Ayes All present Noes None Meeting adjourned at 9:35 p.m. Robert Fiumara, Chairman ~JJudySh~k' Recording Secretary 5f 3 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JULY 14, 1987 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to Order at 7:30 p.m. with the following Members in attendance: Bob Fiumara Chairman Bill Sharp Vice-Chairman Agnes Foster Member Earl Brantley Member Tim Solohubow Member Tom Dawsey Member with Member Bock absent due to being on vacation at the time of this meeting, however a quorum was established. Also in attendance was Bill Hall, City Manager; Jamce Carroll, Assistant City Manager; Tommy Turner, Public Works Director; Mr. Charlie Redd,architech for Taco Bell; Mr. Bill Brown of Taco Bell; Councilman Harvey Bradley: 1. Approval of minutes of June 23rd. meeting. A motion to approve the minutes of the June 23rd minutes as they stand was made by Member Dawsey and seconded by Member Foster. The motion carried with the following vote: Ayes All present Noes None 2. Citizen Input. None at this time. 3. Consideration and request from Mr. Richard Lindburg for a six month extension for the submittal of a developemnt plan on 205 acres on Stewarts Creek Peninsula presently zoned Planned Developemnt. A motion to approve the six month extension on the 205 acres on Stewarts Creek Peninsula was made by Chairman Fiumara and seconded by Member Foster. The motion carried with the following vote: Ayes All present Nes None 4. Condiseration of preliminary and final plat which constitutes a re-plat of Addition #33 rcquested by Tommy Darsey for Taco Bell, Inc. Discussion followed'~ That the curb cut be widened for a five (5) foot radius, that the additional paving be placed on the north side of Taco Bell and the additional curb cut be approved by the State. There will be a six (6) to eight (8) inch jog where the fire lane from Taco Bell will meet the fire lane on the Carlisle Strip Center, but that it will tie in and not creat a problem. The Commission Members asked that there be additional striping on the extra paving on the north side of Taco Bell site. At this time a motion to approve the preliminary and final plat for Taco Bell was made by Member Brantley and seconded by Member Dawsey. The motion carried with the following vote: Ayes All present2 Noes None 5. Consideration of Site Plan for Taco Bell, Inc. to be located at 5005 Main Street (F.M. 423). Commission Members asked if the site plan will be irrigated in all areas of landscaping. Mr. Brown informed the Commission that they will irrigate and maintain these areas. The Commission was concerned with the strip of land to the south of Taco Bell, between Taco Bell and the Carlisle Strip Center. Mr. Redd informed the Commission that Mr. Darsey will maintain this area and they intend to pave this area and possibly put in a median with landscaping. After further discussion a motion to approve the Taco Bell site plan was made by Member Brantley with the following stipulations: 1. At the Northease side of the Taco bell site, adjacent to the parking lot, a five (5) foot radius be cut into the curb cut. 2. That the paving of the strip on the south side of Taco Bell, 569 next to the Carlisle Strip Center, be approved by the City Staff and that any median/landscaping be approved by the City Staff. The motion was seconded by Member Dawsey and carried with the following vote: Ayes All present Noes None At this time Chairman Fiumara called for a short recess. 8:15 p.m. Meeting reconviend at 8:25 p.m. 6. Consideration of site plan for Churches Fried Chicken to be located at 4911 Main Street (F.M. 423). Commission Members raised concerns regarding the ten (10) foot drive thru and the possiblility of a fire truck not being able to get to the back of the building incase of a fire. Mr. Hall informed the Commission that Fire Chief Morrison was not concerned with this, due to that a fire will be fought from the fire hydrant in the front of the building with hoses. The Commission asked that the extra curb cut be approved by the ~State. The Commission was informed that the exta curb cut had already been approved. After further discussion a motion to approve the Churches Fried Chicken site plan with the following notations was made by Member Brantly 1. Irrigation and sod from Main Street (F.M. 423) to Churches sidewalk be put in. 2. Sheet L-1 on site plan needs changed so that the lay out of parking will match Sheete &-l. 3. State signs be used for handicap parking areas. 4. Fire lanes must be noted on the site plan before going to City Council. The motion was seconded by Member Dawsey and carried the following vote: Ayes All present Noes None 7. Consideration of request to table to August 1, 1987 zoning request of MCR Enterprises from Neighborhood Service to General Retail with a Specific Use Permit. A motion to table MCR Enterprises request for zoning change from Neighborhood Service to General Retail on a piece of property generally located east of and adjacent to Larry's Family Resturant on Carney Road and west of IBM property was made by Member Dawsey and seconded by member Solohubow. The motion carried with the following vote: Ayes All present Noes None 8. General Business Ms. Carroll informed the Commission on the status of the Sexually Oriented Business Ordinance. An Adult Book Store fits into a Bookstore classification and does not need a specific use permit. Discussion Followed.on typed report Ms. Carroll provided to the Commisison . After discussion a motion was made by Member Dawsey to adopt the Sexually Oriented Business Ordinace items numbers 1,2,3,4,5, & 7 and that items number 6&8 be left off for further consideration. The motion was seconded by Member Sharp and carried with the following vote: Ayes All present Noes None At this time Chairman Fiumara asked for an update on the procedures manual for staff Planning & Zoning cases. Ms. Carroll told the Commision that Mr. Bob Mitchell has it almost completed and should be ready for them to look over on the 28th meeting of August. At this Time Ms. Carroll asked the Commission if they would like to have a work session on the 14th of /~ugust to go over these procedures. The Commisison was in agreement. At this time Councilman Harvey Bradley took the floor to discuss the coming election regarding the consolidation of Eastvale and its importance to The Colony and the need for the Commission Members to 570 talk to the public regarding this important issue. Councilman Bradley also informed the Commission that the Chamber of Commerce also supports this consolidation. Lengthy discussion followed. At this time a motion to close the meeting was made by Chairman Fiumara and seconded by ember Solohubow the motion carried with the following vote: Ay_es Ail present Noes None The meeting was adjourned at 11:00 p.m. Robert Fitmara, Chairman Judy Shirk, Recording Secretary 572 MINUETS OF THE PLANNING & ZONING OF THE CITY OF THE COLONY HELD ON AUGUST 11, 19~7 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, Denton County, was called to Order at 7:30 p.m. with the following Members in attendance: Bob Fiumara Chairman Bill Sharp Vice-Chairman Agnes Foster Member Cathy Bock Member Earl Brantley Member Tim Solohubow Member Tom Dawsey Member quorum was established. Also in attendance was Tommy Turner, Public Works Director; Bob Van Til, Administrative Staff Planner; Judy Shirk, Recording Secretary. 1. Introduction of Mr. Bob Van Til, Administrative Staff Planner. Mr. Tommy Turner introduced Mr. Van Til to the Planning & Zoning Commission. Mr. Van Til is a graduate of U.T.A. Arlington and was hired as the city's Administrative Staff Planner. Mr. Van Til will be working close with the Commission Members on zoning cases. At this time the Commission Members inroduced themselves to Mr. Van Til and welcomed him to the city staff. Mr. Van Til thanked ~hem and stated that he was very honoured to be a part of this city. 2. Approval of the minuets of the July 14, 1987 meeting. A motion to approve the minuets of the July 14, 1987 meeti~ was made by Member Solohubow and seconded by Member Dawsey. At this time Member Brantley asked for a clarification on Item #4, paragraph 2 regarding the mention of a 6" to 8" jog in the fire lane. Mr. Turner explained to Member Brantley that this had to do with an off-set in front parking at Taco Bell and the Carlisle Strip Center. The marking of the fire lane will be off-set (a jog) by 6" to 8" inches. At this time a vote on the motion carried as follows: Member Brantley, yes; Member Foster, yes; Member Solohubow, yes; Member Dawsey, yes; Member Sharp, yes; Chairman Fiumara, yes; with Member Bock abstaining due to not being present at the July 14, 1987 meeting. 3. Citizen Input. None at this time. 4. Continuance of PUBLIC HEARING from June 23rd, 1987, as requested by MCR Enterprises, dba Nick Oprea, for a change in zoning on property presently zoned Neighborhood Service. The Applicant seeks to have the comprehensive zoning ordinance and zoning map of the city of The Colony, Texas amended so as to give the property generally located on a tract of land east of and adjacent to Larry's Family Resturant and west of and adjacent to I.B.M. property, on Camey Road , Abstract 172B, BBB & C, tract 7, containing .5 acre, a General Retail Classification. A motion to open the Public Hearing for MCR Enterprises change of zoning from Neighborhood Service to General Retail was made by Member Dawsey and seconded by Member Solohubow. The motion carried with the following vote: Ayes All present Noes None A this time a motion to continue this Public Hearing until the next P & Z meeting to be held on the 25th day of August 1987, this is due to not receiving the adstract for the piece 573 of property in time for the Planning & Zoning Commission to review. The motion carried with the following vote: Ayes All present Noes None 5. PUBLIC HEARING as requested by the Lewisville Independent School District for a Middle School to be built on property generally located on the north side of Keys Drive, approximately 200 west of Anderson Drive and extending northbound to Stewart Creek Peninsula on property zoned si~gle.-Family. A motion to open the PUBLIC HEARING was made by Member Foster and seconded by Member Solohubow. The motion carried with the following vote: Ayes All present Noes None Chairman Fiumara was presented with a petition from citizens living in the area where the school is to be built. * Approximately 120 signatures were obtained against the Specific Use Permit. Also, two notices that were sent out, by mail, regarding the Specific Use Permit were recieved back . These were from: David & Danetter Poole Against 7100 Eliott Crt, Jeff & Kim Jones Undecided 4313 Keys Drive At this time Chairman Fiumara advised the audience of about 25 residents that they will be able to speak for or against the zoning at this time. That thier concerns will be noted and placed in the minutes of this m~eting. Chairman Fiumara also introduced Mr. Marshall Durham of t.I.S.D, to the~ audience and that Mr. Durham will also be able to address their concerns. At this time the floor was open to the public. Danette Poole 7100 Eliott Crt. Concerns: Two story building so close to residents homes. School and practice field to close to residents homes. Already have an Elementary school and the traffic is heavy now, it will be worse with another school. Has there been a traffic study done in this area? Practice field appears to be only 20' from the property line. Possible drainage problems Alley traffic in and out by service truck and school buses. Will there be a screening wall between school and residents that will run along the western boundery of the school property and the alley for Eliott Crt. Will the field have a stadium with lights and blechers? Kathy Clemens 6900 Eliott Crt. Concerns: Two stroy building Heavy traffic on Keys Drive Has there been a traffic study done? Height of blechers if school has a stadium. Will there be lights on the practice field? How long in construction time from beginning to end? There is a fire lane and the bus route is behind her house and she is conerned wilth the traffic through here. Mark Glaser 6912 Eliott Crt. Concerns: Mr. Glaser stated that his concerns were the sama as those above. * Should ~ead 20 signatures no+_ 120. 18 agains+_, 1 for' and Kim Jones 4313 Keys Dr. Concerns: Was told by F & J salesman that there would be a park in this area. Chairman Fiumara explained to Ms. Jones that the city has no control over what the salesmen tell potential customers and that this is a problem that arrises constantly. Tammy LaFleur 7101 Eliott Crt. Concerns: At this time Ms. La Fluer stated that everyone is conerned with the same problems. Would it be possible that the citizens list their names and compile all concerns so that the hearing could be more expediant? Chairman Fiumara stated that he understood what Ms. LaFluer was saying but that all present have a right to voice their concerns. Bart Ri~perger 4625 Keys Dr. Concerns: Mr. Ricperger lives across from the school entrance and is concerned with possible vandalism from Middle School children. Also, he is conerned with the possiblilty of bus accidents on his street. Bennie Richardson 4309 Keys Dr. Concerns: Asked if this was the only site on the west side that had been taken into consideration? Chairman Fiumara stated that it was. John Balders 7016 Eliott Crt. Concerns: If the school has blechers at the stadium they will be approximately 20' away from his living room. His concern is that people who are on the blechers will be able to see directly into his living room. David Poole 7100 Eliott Crt. Concerns: Will there be any after hours securilty set up for the school? Elizabeth Ri~perger 4265 Keys Dr. Concerns: Stated that she has the same conerns as her husband who spoke earlier . Ralph Clemens 6900 Eliott Crt. Concerns: The market value of his home will go down because of the school being built so close to his property. Ken McCorkle 6808 Eliott Crt. Concerns: Mr. McCorkle feels that the fumes from the buses bill be harm- ful to the residents in the vicinity of the alley where the buses will be loading and unloading children. Also stated that Keys Dr. is a very heavy traffic area and that Keys Dr cannot handle the additional traffic that will be caused by the new school. He also is concerned with the speed'used yth~ drivers who travel this Drive and the potential azara for children walking to ana ~rom scnool. 575 Chairman Fiumara stated that school zones will be provided along this area and that the Police Chief does not feel that this will be a problem. That the school zones are enforced by the Police Department. Larry Dawkins 6812 Eliott Crt. Concerns: Mr. Dawkins would like to see the school site moved to the east side of the city. He does not feel that there is a need for a middle shcool on the west side at this time. Member Brantley explained to Mr. Dawkins that the reason for this site on the east side is to eventually keep children from having to cross Main Street (F.M. 423). Also that there is a 205 acre area soon to be opened for residential development. Patricia Divers 4329 Keys Dr. Concerns: Will any of the traffic from the shcool exit onto Nervin St or will it all empty onto Keys Dr.? Chairman Fiumara answered this question and stated that it will all empty onto Keys Dr. because Nervin St. is not a through street. Steven Schmidt 4245 Iola Concerns: Would it be possible to move the school farther out toward the Stewarts Creek Peninsula? John Carpenter 4277 Keys Dr. Would it be possible to re-position the athletic practice field? Rick Jensen 7112 Eliott Crt. Concerns: Mr. Carpenters house is the last house on Eliott Crt. and his concern is that there will be a drainage problem for him. He now has water that stays in his alley for a long period of time after a rain. He does not want to have more water to stagnate in this area after the school is built. The Commission Members showed Mr. Jensen, on th site plan, how L.I.S.D. Plans to raise the property so that the drainage will drain toward the cnter of the property and run off toward Stewart Creek Peninsula. Tonya Ridder 4257 Driscol Concerns: Does L.I.S.D. have another site in mind? At this time several citizens wondered how L.I.S.D. could own land that is zoned Single Family, they thought this meant that only homes could be built in this area. Member Bock stated that it is like any other transaction of property , one business sells land to another business. The transaction is recorded in the County Clerks Office in Denton. Although a tract of land is zoned for one thing it can be rezoned by the city for a number of reasons, one being the request by the owner of that tract of land, depending on the type of use the owner wants. Another type of request is the one being discussed at this time, a Specific Use Permit. This is to allow a particular type of use for a tract of land already zoned, such as Single Family, this does not change the zoning but lets the owner use it for a @articular use other than what it is zoned as. (Single Family zoning with a Specif Use Permit to build a school instead of residential homes.) Before closing the Public Hearing a lengthy discussion followed with the citizens. At this time other questions were raised. Keith Christy 7004 Eliott Crt. Concern: How much property is there for the school to be built on? Mr. Tommy Turner stated that there was approximatly 28 acres. Keith Bernard Would like to see better posting of Zoning changes. Like signs on the property that have requested these changes. Mr. Tommy Turner informed the citizens and Commission Members that signs have been made and will, from now on, be posted on the property in questions. At this time Chairman Fiumara informed the citizens that the Public Hearing will be closed and that all questions and concerns will have to cease. He asked if there was any further concerns other than those already stated. There were none. bhairmna Fiumara stated that all the conerns will be considered. Motion to close the Public Hearing for the Specific Use Permit for L.I.S.D. to build ~ school on property zoned Singl Family. The motion was seconded by member Foster, the motion carried with the following vote: Ayes All present Noes None At this time a discussion by the Commission Members regarding the concerns raised by the citizens followed this motion. Mr. Marshall Durham was asked if there would be a stadium and lights at the new Middle School. Mr. Durham stated that this will only be a practice field and does not see it being used as a playing field for a long period of time. Mr. Durham also stated that L.I.S.D. would look into possibly moving the school farther away from the residents homes. Mr. Durham also stated that the school had a capacity for 1000 students. During the discussion a question was raised concerning the trees that are there. Would it be possible to save them. Mr. Durham said that they would do the best they could and if there arose a problem that L.I.S.D. would check with Mr. Tommy Turner before doing anything. At this time a motion to approve the Specific Use Permit for the Lewisvilte Independent School District to build a Middle School on property genenerally located on the north side of Keys Drive and approximatley 200' west of Anderson Drive and extending northbound to the Stewarts Creek Peninsual on property zoned Single Family was made by Member Solohubow and seconded by Member Brantley. The motion carried with the following vote: Ayes All present Noes None 6. ~onsideration of Preliminary and Final Plat for Lewisville Independent School District's proposed Middle School site. Generally located on the north side of Keys Drive, approx- imately 200' west of Anderson Drive and extending northbound to Stewart Creek Peninisula. ** Member Bock stated that a seal was not present on the plat and Member Solohubow stated that a 746' dedicated easement with man holes at both ends and water line is not =hown on the plat and needs to be shown. Discussion followed. At this time Member Bock made a motion that the preliminary and final plat for the Lewisville Independent School District Middle School be tabled and brought back after required changes have been made: plat signed, sealed and dated with the following contingencies: That a screening fence be palced approximately 11'6" from the back of the curb at Keys Drive and Eliott Crt. along ** Member Solohubow sta*:ed ~hat a sea] was not present on the plat and Member Bock stated that a 746' dedicated easement with man ho]es at both enads and water' ] ]ne is not shown on the plat. alley, western property line approximately 1600 feet. That a review be made of the proximity of the tract of land to the property line. That the placement of facilites be reviewed for their proximity to the adjacent property. That all the concerns of the citizens be considered. That L.I.S.D. submit drainage back to the city staff for their review Need the relationship and location of one story and two story school area and all these considerations be brought back to Planning & Zoning before being submitted to the City Council as an addition to the site plan. The motion was seconded by Member Foster and carried with the following vote: Ayes All present Noes None 7. Consideration of Site Plan approval for a proposed car Wash/jiffy Lube Center to be located on Main Street (F.M. 423) immediately south of The Colony Leader/The Colony Meat Market and being .558 acre part of a 7.031 acre subdivision, as requested by the Car Wash Equipment Company. A lengthy discussion over the site plan followed this item. After discussion a motion was made by member Brantley that the Site Plan for the Car Wash/Jiffy Lube Center be approved with the following stipulations: 1. 24' foot access fire lanes. 2. The 59' plus or minus frontarea must be verified by staf~ by using Wendy's site plan for varification as to where their fire lanes are placed. Fire lane stripping must be shown on site plan. 3. Delete one parking space on the south corner of the site. 4. Irrigation and landscaping from back of curb on Main Street (F.M. 423) to back of curb on property, both sides of curb cut. 5. Proposed contour 587 indicated._ ~ 6. Revise contour 585 behind the building adjacent to the property line, between the Lube Center and the Car Wash. 7. Dimension from facia curb to Lube Center. 8. "Entrance Only" sign for designation. 9. South east corner of property to extend 6" curb all the way along the property line. 10. One dimension from the equipment room to facia fence. 11. Also need to tie down the Car Wash to the property. 12. Signature on the plans 13. Obtain a letter from Fox & Jacobs allowing them to have access ~o their property while they are grading the Car Wash/jiffy Lube site. 14. Must file a 1023 form with the Sate permitting them to work on the States' Right -of - Way. This motion was seconded .by Member Bock and carried, with the following vote: Ayes All present Noes None 8. General Business. Chairman Fiumara thanked Bob Van Til for his input into 573 this meeting. Member Bock stated that she will get togehter with Bob and go over the check list for staff and the engineers to use. At this time Member Brantely did state that the Commission would like to see the letters from the Engineers in their packets. Bob also stated that he would like to have a work session with the P & Z Members as soon as possible. The Members agreed to this and will get back with Bob on a time and date. At this time Chairman Fiumara read a letter of resignation from Member Dawsey. His resignation will be effective September 16, 1987. All the Commission Members thanked Member Dawsey for his input while he was on the Commission. Member Dawsey informed the Commission that he had enjoyed working with them and that he felt that the Commission was doing a superb job. At this time Chairman Fiumara made a motion to adjourn'the meeting, the motion was seconded by Member Sharp and carried with the following vote: Ayes All Present Noes None Meeting adjourned at 11:30 p.m. Robert Fiumara, Chairman ~dy Shir ,k~R~cordi~g Sec~'etary 531 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON AUGUST 25, 1987 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, Denton County, was called to Order at 7:30 p.m. with ~he following Members in attendance: Bob Fiumara Chairman Bill Sharp Vice-Chairman Agnes Foster Member Cathy Bock Member Tim Solohubow Member Earl Brantley Member Tom Dawsey Member a quorum was established. Also in attendance was Bill Hall, City Manager; Bob Van Til, Administrative Staff Planner; Tommy Turner, Public Works Director; Harvey Bradley, Councilman; Marshall Durham, L.I.S.D.; George Gillett, The Colony Challenge; Jeff Ball, The Colony Leader. A motion to open ~he meeting was made by Member Dawsey and seconded by Member Solohubow and carried with the following vote: Ayes All present Noes None At this time Chairman Fiumara asked that Agenda Item ~5 regarding the Preliminary and Final Plat for the L.I.S.D. proposed Middle School to be located on uhe north side of Keys Drive, approximately 200 feet west of Anderson Drive, and extending northbound to Stewarts Creek Peninsula be heard now, due to having citizens present with concerns regarding this item. Chairman Fiumara informed the citizens that the Planning & Zoning Commission Public Hearing had already been held and that this meeting only concerned the preliminary and final plat approval. That those citizens present need to go to the City Council meeting on August 31, 1987 and inform the Council of their concerns it was now out of the Planning & Zoning Commissions hands and that City Council now will have the final say so regarding this matter. Chairman Fiumara thanked those citizens present and stated ~hat the Commission Members were very glad to see the citizens at the meeting. Chairman Fiumara also stated that he would like to see more citizen input at the Planning & Zoning meetings and all citizens present were welcome to stay and observe how the zoning Commission board functioned. Item #5 Continuance of Preliminary and Final Plat for Lewisville Independent School District proposed Middle School. Generally located on the north side of Keys Drive, approximately 200 feet west of Anderson Drive and extending northbound to Stewart Creek Peninsula. Chairman Fiumara asked if there were any discussion regarding this matter. Member Solohubow asked i~ ~he City had a plat that had been signed, sealed and dated. Mr. Turner informed uhe Commission that there was a plat with signature, seal and date affixed. The Commission asked Mr. Durham if the concerns of the citizens in the area of the proposed Middle school had been taken into consideration by the the L.I.S.D. and the Architect for the L.I.S.D.? Mr. Durham stated that he was not aware if uhis had been considered or not, but that he will write a letter addressing each concern from the those citizens and present it to the City Council at the meeting on August 31, 1987. 582_ At this time Chairman Fiumara asked if there was any further discussion regarding this item. Being no further discussion Chairman Fiumara asked for a motion. Member Bock made a motion to approve the Preliminary and Final Plat for Lewisville Independent School District proposed Middle School to be generally located on the north side of Keys Drive and approximately 200 feet west of Anderson Drive and extending northbound to Stewards Creek Peninsula. The motion was seconded by Member Solohubow and carried with the following vote: Member Brantley, yes; Member Foster, yes: Member Dawsey, yes; Member Solohubow, yes; Member Bock, yes; Vice-Chairman Sharp, no; Chairman Fiumara, yes. Chairman Fiumara asked if there were any further questions from the audience regarding the L.I.S.D. Middle School? * At this time Mr. Bill Hall, City Manager informed Lhe audience that he would answer all questions regarding this matter at any time. With this statement the audience proceeded to leave. MR. Hall and Councilman Bradley followed the audiance out into the hall and began to answer to their questions. With no further discussion regarding this item Chairman Fiumara asked that the next item on the Agenda be heard. Item ~1 Approval of minutes of August 11, 1987 meeting. A motion to approve the minutes of the August 11 meeting with the following corrections was made by Member Bock. 1. Item #5 paragraph 3 should read 20 signatures not 120. 18 signatures against, 1 for and 1 undecided. 2. Item ~6 paragraph 2 Member Solohubow stated that a seal was not present of the plat and Member Bock stated that a 746' dedicated easement with man holes at both ends and water line is not shown on the plat. The motion was seconded by Member Solohubow and carried with the following vote: Member Solohubow, yes~ Member Brant]ey, yes; Member Daws~V, yes: Member For't~r, ve~: VJoe-Chm~mnD Sharp, V~S· Chairm~n Item # 2 Citizen Input. Ms. Danette Peele of 7100 Elliott Crt. presented the Commission with a copy of the letter that was compiled to be presented to the City Council at the August 31st meeting regarding the L.I.S.D. Public Hearing asking the Council to postpone any action regarding this matter until the citizens in the area of the proposed Middle School are satisfied with the Site Plan. Chariman Fiumara accepted the letter for the Commission and asked chat it be noted in the minutes of this meeting and that the copy be placed in the L.I.S.D. file. At this time a lengthy discussion followed with Ms. Danette Peele regarding the function of the Commission and the fact that citizens need to contact their Councilman in their area if they have concerns. To be sure and get the facts and not assume or listen to hearsay. Item #3 Continuance of PUBLIC HEARING from August 11, 1987 regarding mhe request by MCR Enterprises, dba Nick Oprea, for a change in zoning on property presently zoned Neighborhood Service. The Applicant seeks to have the comprehensive Zoning Ordinance and Zoning Map of City of The Colony, Texas amended so as to give the property generally located on a tract of land east of and adjacent to Larry's Family * At this t~me Mr. Bi]] Hall, City Manager, identified himself and informed the audience that he would be available to answer questions regarding the proposed school si~e ouside of the P & Z meeting. 584 Resturant and west of and adjacent to I.B.M. property on Camey Road, Abstract 172B, BBB & C, tract 7, containing .5 acre, a General Retail Classification. At this time Mr. Van Til informed the Commission that Mr. Oprea would not be present and that uhey could vote to table this item or vote to approve the zoning change. Chairman Fiumara stated that Mr. Oprea or the owners of the property need to be present in order to vote on this matter. At this time Chairman Fiumara motioned that Mr. Oprea would need to start this procedure all over again. Mr. Oprea will need to refile for the zoning change and that the Commission would like him to also file for an Specific Use Permit at the same time. The motion was seconded by Member Solohubow and carried with the following vote: Ayes Ail present Noes None Item #4 PUBLIC HEARING as requested by Figano's Resturant to have the comprehensive Zoning Ordinance and Zoning Map of the City of The Colony amended so as uo give the property generally located on the east side of Main Street (F.M. 423) and south of North Colony Blvd., in the Lombard Plaza Shopping Center, a Specific Use Permit to sell beer, wine and liquor by the drink in a Shopping Center Classification. A motion to open the PUBLIC HEARING was made by Member Solohubow and seconded by Member Foster the motion carried with the following vote: Ayes All present Noes None A representative of Figano's was not present for this Public Hearing so a motion to continue until the September 8th meeting was made by Member Bock and seconded by Member Solohubow. The motion carried with the following vote: Ayes All present Noes None Item #5 General Business. a. Jiffy Lube Discussion followed ~his item. * Commission Members were concerned uhat the Staff be satisfied with the Service Pit that it did comply with City Codes. Mr Turnerstated that the staff was satisfied with the Service Pit and that the grease traps will be placed in the storm and sewer drains. At this time Chairman Fiumara asked uhat a motion to close the meeting be made. A motion to close the meeting was made by Member Solohubow and seconded by Member Foster. The motion carried with the following vote: Ayes All present Noes None Meeting adjourned at 8:30 p.m. Robert Fiumara, Chairman ~dy Sh~, Secretary * Member' Brant]ey did review the fourteen (14) items on the Jiffy Lube site plan and that they had been cleared. MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON SEPTEMBER 8, 1987 A REGULAR SESSION of the Planning & Zoning Commission of the city of The Colony, Texas, Denton County, was called to order at 7:30 p.m. with the following Members in attendance: Bob Fiumara Chairman Bill Sharp Vice-Chairman Agnes Foster Member Cathy Bock Member Tim Solohubow Member Earl Brantley Member Tom Dawsey Member a quorum was established. Also in attendance was Bob Van Til, Administrative Suaff Planner; Tommy Turner, Public Works Director; George Gillett, The Colony Challenge; Judy Shirk, Recording Secretary: A motion to open the meeting was made by Member Bock and seconded by Member Solohubow. The motion carried with the following vote: Ayes Ail present Noes NOne 1. Approval of minutes of the August 25 meeting. Member Bock made a motion to approve the minutes of the August 25, 1987 meeting with the folowing changes: Page 2, paragraph 3: Chariman Fiumara asked it there were any further questions from the audience regarding the LISD Middle School. At this time, Mr. Bill Hall, City Manager, identified himself and informed the audience that he would be available to answer any questions regarding the proposed school site outside of the P& Z meeting. With no further discussion regarding this item Chairman Fiumara asked that the next item on the agenda be heard. Item #5. That it be noted that Member Brantley did note that he did review the fourteen (14) items on the Jiffy LUbe site plan and that they had been cleared. At this time Member Dawsey seconded the motion to approve the minutes the motion carried with the following vote: Ayes All present Noes None At this time Chairman Fiumara asked that Item # 4 on the agenda be heard. 4. Continuation of PUBLIC HEARING from August 11, 1987 meeting, regarding request by ~igano's'Restau~ant that the Compre- hensive Zoning Ordinance and Zoning Map of the city of The Colony, Texas be amended so as to give the property generally located on the east side of Main Street (FM 423) and South Colony Blvd., in the Lombard Shopping Center, a Specific Use Permit to sell beer, wine and Liquor by the drink in a Shopping Center Classification A motion to open the PUBLIC HEARING Was make by Vice-Chairman Sharp and seconded by Member Brantley, the motion carried with the following vote: Ayes All present Noes NOne 587 Mr. Vern White, 50% owner of Figano's was present to answer ~y questions the Members might have. Member Bock thanked Mr. White for the complete site plans, she stated that they were very good. At this time there was a discussion on the site plan. Member Solohubow asked if the handicapped restrooms were in compliance with city codes. Mr. Van Til stated that they were. Also Member Solohubow asked that parking spaces be in compliance with city codes. Mr. Van Til stated that the parking was within code for the resturant and within compliance of the shoppin center. At this time the Commission raised questions regarding the bar and game area. The age of the employees within this area ? Mr. White stated that the employees for the bar and game area would be twenty-one (21) years of age. Is there a way to be able to keep persons under age from entering the bar and game are? Mr. White stated that the bar and game area are visable from the cashiers stand and that the stand is in an area that controls the entrances into both the bar/game and resturant. Also that the bar/game area can be seen form the office through a window. At this time Chairman Fiumara asked if there were any further questions. * Member Solohubow brought up the fact that storage cannot run all the way to the electrical panel, that it must be three (3) feet from this. That on the plans it looked like the storage cannisters for soft drinks did in fact run up to the panel. Mr. White said that they would be moved if they are in violation of the city code. Mr. White did say that there had been some changes in the plans since they had been reviewed by staff. The canges are: that a hall way had been put in between the resturant and the bar by the office for a more conveinent way to serve drinks in the resturant. That a three(3) foot by six (6) foot door had been put in the entrance to the resturant. Mr. White also stated that food would be served in both the bar and the resturant. With discussion over a motion was made to close the Public Hearing by Chairman Fiumara and seconded by Member Bock. The motion carried with the following vote: Ayes All present Noes None At this time Member Bock made a motion to approve the request by Figano's Restaurant to have the Comprehensive Zoning Ordinance and Zoning Map of the city of The Colony amended to give the property generally located on the east side of Main Street (FM 423) and South of North Colony Blvd., in the LOmbard Shopping Center, a Specific Use Permit, to sell beer, wine and liquor by the drink in a ShoppingCenter classification, with the following stipulations: That an updated site plan for the resturant be submitted to the City Council with it showing the added hall way, and the three (3) foot by six (6) foot door, and that the storage cannisters be placed on the site plan three (3) feet from the electrical panel. The motion was seconded by Member Solohubow and carried with the following vote: Member Bock, yes; member Solohubow, yes, Member Brantley, yes; Member Foster, yes, Member Dawsey, abstain; Vice-Chairman, Sharp, yes; Chairman Fiumara, yes. 2. Citizen Input. None at this time. * Member So]oubow d~d not state that it was a fact that storage cannot run w~th~n 3 feet of an electrica] panel but that ho would ]~ke it looked ~nto. 3. Report from Commission Member reqarding the City Council Meeting held on the August 31,' 19~7 Chairman Fiumara, Member Foster and Member Solohubow attended this Council meeting. Chairman Fiumara stated that the Mayor and City Council handled the meeting in an orderly manner. Dr. Downing of LISD was present at this meeting. LISD School Board Member Charlie Parker stated to the Council that he had kept in close contact with the Planning & Zoning Commission during the LISD Middle School situation. Member Bock wanted it noted that Mr Parker did attend the August 25 meeting held by the Commission regarding the Middle School but that that was the only time Mr. Parker made himself available to the Commission. 5. General Business. a. Mr. Bob Van Til wanted to inform the Planning &Zoning Commission that everything regarding the LISD Middle School had been done correctly but that strong reaction form the citizens was because they felt the process had been done backwards. b. Planned developemnt district and straight single family zoning. Discussion followed. At this time Mr. Van Till stated that Redwood Development was interested in the Winnwood peninsula and would like information regarding the types of zoning. The Comm- ission stated that they were more than willing to have a work session with these developers and go over the zoning with them. Chairman Fiumara asked Mr. Van Til to set up a work session with Redwood for the nexx Planning & Zoning Commission meeting. Mr. Van Til stated that he would. c. Date for work session to go over the procedures manual. This work session was set for the next scheduled Planning & Zoning Commission meeting. d. Landscape ordinance. Chariman Fiumara asked that Mr. Van Til approach the City Manage and the City Council to see what they would like to see done and to bring their opinions back at the next scheduled meeting. Mr. Van Til stated that he would. ** At thi~ time Chairman Fiumara asked that the recording secretary keep a list of all tabled and continued items so that these items will not be forgotten. At this time Chairman Fiumara asked for a motion to close the meeting. The motion to adjourn was made by Member Bock and seconded by Vice-Chairman Sharp. The motion carried with the following vote: Ayes Ail present Noes None meeting adjourned at 9:00 p.m. ** That Specific Use Perm]ts be added to the ]]st of ail continued items by the recording secretary. Chariman Fiumara Recording Secretary, Judy Shirk MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON SEPTEMBER 22, 1987 A REGULAR SESSION of the Planning & Zoning Commission of the city of The Colony, Texas, Denton County, was called to Order at 7:30 p.m. with the following Members in attendance: Bob Fiumara Chairman Earl Brantley Member Tim Solohubow Member Bill Sharp Vice-Chairman Agnes Foster Member Cathy Bock Member a quorum was established. Also in attendance was Bob Van-Tll, Administrative Staff Planner; Tommy Turner, Public Works Director; with Judy Shirk, Recording Secretary not present due to illness. Member Bock took minutes in Ms. Shirks absence. Member Foster made a motion to open the meeting and it was seconded by Member Solohubow. At this time Chairman Fiumara asked that Agenda Item number(3 a)be discussed. Mr. Van Till intoduced Mr. Strief the owner of the property just south of the Nickles property on the Winnwood Peninsula. Mr. Strief stated to the Commission that he would like to see a road developed that would go directly to his property so he would not have to go all the way around the Redwood developemnt to reach his home. The plans for the Redwood Development at this time show the road now going to Mr. Strief's property as being closed off and a new road put in that will go around the perimeter of the Redwood Development. Mr. Strief came to the meeting to talk to Mr. Chas. Fitzgerald of Redwood Development to discuss this with him. At this time Mr. Van Till asked that this Agenda Item be tabled until Mr. Fitzgerald arrived. The Commission agreed. At this time Chairman Fiumara went to Agenda Item number one. 1. Approval of minutes of the September 8th, 1987 meeting. A motion to approve these minutes was made by Member Bock with the following corrections: Page 2 paragraph 6. Member Solohubow did not state that it was a fact that storage cannot run within 3 feet of an electrical panel but that he would like it looked into. Page 3 paragraph 9. That Specific Use Permits be added to the list of all continued and tabled items by the recording secretary. The motion was seconded by Member Solohubow. The motion carried with the following vote: Ayes All present Noes None During this time Mr. Chis Fitzgerald arrived to discuss with the Planning and Zoning Commission the difference between straight zoning and planned developemnt. Chairman Fiumara, at this time, went back to Agenda Item number 3 for discussion. At this time a lengthy discussion followed in which the following points were discussed: Mr. Chas Fitzgerald presented to the Commission a set of plans dipicting the Redwood Development. TO have --~ Family Zoning, Commercial Zoning, Shopping Center Zoning, School Site, etc: Mr. Chas Fitzgerald stated that he has done research on straight zoning versus planned development and for all concerned the straight zoning is the most plusable in terms of builders, cities and developers. The entire development is mapped out according to the zoning to be used in that area. Chairman Fiumara raised question regarding Multifamily Zoning. Member Bock stated that the city of The Colony has Multifamily i and 2 which the 591 density for these zoning classification is MF 1, fifteen (15) unites per acrea and MF 2, twenty-five (25) units per acrea. Chairman Fiumara stated that:~he would like, to see {he~edwood Development on Winnwood Peninsula be placed in the Lewisville Independant School District to coincide with the city of The Colony if at all possible. Concerned raised by Chairman Fiumara and Member Bock on the amount of SF 4 zoning which allows 1500 sq. ft. housing on 7000 sq. ft. lot size. The density in the zoning is a co~cern.~ ~ ~' ~ At this time a discussion between the Commission and Redwood Development, regarding market value and the SF 4 zoning followed. SUMMARY The discussion was on the saleing points of this particular zoning classification and wheather this type of zoning has a saleing point,for new buyers or second buyers based on the square footage of houses, lots and density of this area. Chairman Fiumara stated that the way the plan is tayed out now that Redwood would have a difficult time saling it to the City Council and also to the Planning & Zoning Commission. Chairman Fiumara asked if Redwood would consider a Planned Development instead of Straight Zoning? Member Bock was concerned with the grid streets in the plan and that the Commission does not want to see these in developments within the city. Member Bock feels that a Planned Development would be more flexible for Redwood and the city. Chairman Fiumara stated that Planning & Zoning would be willing to get with Redwood any time to develope a plan that both the city and Redwood would be happy with. * Commission was concerned with areas that were not shown as to what would be built in this area~.i The CommisSion felt that inorder to zone they will need to see a complete plan as to what will be built in each area. At this time Chairman Fiumara informed Mr. Fitzgerald that the Commission is willing to work with Redwood Development and that he personnaly does not have a problem with the straight zoning. . ~ The Commission asked Mr. Van Til to check into the exact density of MF 1 and 2 zoning,and to present it at the next Planning & Zoning meeting if possible. B. Procedure Manual. ** Member Bock raised concern that not all zoning classifications have to bring a site plan before the P & Z Commission~ If this is the case then the landscaping for property cannot be included as a part of the development of L. property. Chairman Fiumara asked that Mr. Van Til look into this problem and see if it is covered or does P & Z need to amend the zoning Ordinance to cover this. At this time a discussion over the Policies and Procedures Manual followed. After discussion Chairman Fiumara stated that all in all the Manual was well done and that it basically covered all the points that Planning & Zoning has had problems With in the past. At this time Member Solohubow mad a motion to adjourn the meeting the motion was seconed by Member Foster the~motion carried with the following vote: Ayes All present Noes None. Meeting adjourned at ............... Robert Fiumara, Chairman ~Z~y Shi R~cording Secretary Tapes for this meeting will be held for an indeffinite period of time. * Should Read.. "The Commission felt that in order to consider this zoning, they would like to see an idea as to what would be proposed in each section.~" ** The Following sentence added before Member Bock raised concern that not all zoning.. Mr. Van Til reported that Bill Hall, City Manager felt that a landscaping ordinance would not be necessary at this time because a plan has to be submitted at the time of site plan approval.