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Home My WebLink About05/27/03 P&ZPlanning and Zoning Commission May 27, 2003 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON MAY 27, 2003 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 6:32 p.m. on the 27th day of May, 2003 at City Hall with the following members present: Deville Hubbard, Chairman DeWayne Snider Brian Wade Bill Jamme Kirk Mikulec Bill Harrison Staff: Harry Persaud, Director of Development Services Chris Spencer, Planner James Hanvey, Staff Engineer Gary Day, City Attorney Sandy Vondersaar, Administrative Assistant With six (6) members present, a quorum was established and the following items were addressed: 2.0 DISPOSITION OF MINUTES 2.1 Approval and/or correction of Planning and Zoning Commission Minutes for the meeting held on May 13, 2003. Motion to approve the minutes of the meeting held on May 13, 2003, Commissioner Jamme; second, Commissioner Wade. Motion carried 6-0. 3.0 CITIZEN INPUT Mr. Robert A. Webster of 4333 Sunset Circle, The Colony, Texas 75056 requested the removal of a six (6) foot fence that has had an additional eight (8) feet attached to the top. This fence is located at 4317 Sunset Circle and is blocking the view of the lake. 4.0 PUBLIC HEARING 4.1 Hold a public hearing regarding a replat of Lots 9R-13R, Block B, The Water's Edge, being a 2.691-acre tract situated in the Richard G. Dunlap -1- Planning and Zoning Commission May 27, 2003 Survey, Abstract NO. 352, located in the extraterritorial jurisdiction of the City of The Colony, Denton County, Texas (2003-RP005) Commissioner Hubbard opened the public hearing at 6:35 p.m. Mr. Spencer stated that at the request of the applicant, Arthur and Wallendorf Consultants, Inc., this item has been removed from the agenda. Mr. Robert A. Webster, 4333 Sunset Circle, The Colony, Texas 75056 spoke in opposition of thc replat of Lots 9R-13R, Block 13. Mr. Charles R. See of 4329 Sunset Circle, The Colony, Texas 75056 was also present to express his opposition of the replat. Commissioner Hubbard closed the public hearing at 6:40 p.m. No motion was made due to withdrawal of the replat for Lot 9R-13R, Block B, The Water's Edge Addition, at applicant's request. 4.2 Hold a public hearing and consider approval of a Specific Use Permit for the sale of liquor, beer and wine for on-premise consumption in the Blue Ribbon Sports, Food and Fun, located on the northwest corner of Paige and South Colony Boulevard at 5201 South Colony Boulevard, Suite No. 760, located in the City of The Colony, Denton County, Texas. (2003-SUP003) Commissioner Hubbard opened the public hearing at 6:41 p.m. Mr. Spencer presented the staff report regarding approval ora Specific Use Permit for thc sale of liquor, beer and wine for on-premise consumption in the Blue Ribbon Sports, Food and Fun located at 5201 South Colony Boulevard, Suite #760. This item was tabled at the last Planning and Zoning meeting on May 13, 2003. Father Keith Garvin, Pastor of St. Peters by the Lake Church, 5201 South Colony Boulevard, The Colony, Texas 75056 and parishioners Robert Phelps, 6424 Marlar Lane, The Colony, Texas 75056 and Karen Charelston, 4508 North Colony Boulevard, The Colony, Texas 75056 were present to speak in opposition of the Specific Use Permit. No one came forward to speak in favor of this item. Mr. Fred Giliani, owner of Blue Ribbon Sports, Food and Fun, was present to answer questions. Mr. Persaud received a memorandum from Mr. Day, City Attorney, stating that under the terms of The Colony city ordinances the establishment owner will be violating a city zoning ordinance and the specific use permit should not be granted. Therefore, staff recommends denial of this Specific Use Permit. -2- Planning and Zoning Commission May 27, 2003 Commissioner Hubbard closed the public hearing at 7:10 p.m. A motion for denial of a Specific lJse Permit for the sale of liquor, beer and wine for on-premise consumption in the Blue Ribbon Sports, Food and Fun, located on the northwest corner of Paige and South Colony Boulevard at 5201 South Colony Boulevard, Suite No. 760, located in the City of The Colony, Denton County, Texas. (2003-SUP003), Commissioner Jamme; second Commissioner Snider. Motion carried 6-0. 4.3 Itold a public bearing and consider an ordinance of the City of The Colony, Texas amending Section 15 of the Subdivision Ordinance of the City, the same being Appendix B-Subdivision, of the City's Code of Ordinances, as amended by adding a new Subsection entitled "Access to Properties Located Outside the City Limits" and providing for an effective date. (2003-M013) Commissioner Hubbard opened the public heating at 7:12 p.m. Mr. Spencer presented the staff report regarding amending Section 15 of the Subdivision Ordinance of the City by adding a new Subsection entitled "Access to Properties Located Outside the City Limits." Mr. Persaud stated without this amendment to Section 15 of the Subdivision Ordinance a large development located in another city could create a major impact on our City. This amendment to the sub-division regulations would streamline the procedure. No one stepped forward to speak for or against this item. Commissioner Hubbard closed the public hearing at 7:20 p.m. Staff recommends approval. A motion to consider an ordinance of the City of The Colony, Texas amending Section 15 of the Subdivision Ordinance of the City, the same being Appendix B- Subdivision, of the City's Code of Ordinances, as amended by adding a new Subsection entitled "Access to Properties Located Outside the City Limits" and providing for an effective date. (2003-M013), Commissioner Jamme; second Commissioner Mikulee. Motion carried 6-0. 5.0 ITEMS FOR CONSIDERATION 5.1 Consider a recommendation for approval of a Site Plan for a Qwikwash located north of SIt 121 and east of Discount Tire, on Lot 1, Block 1, Partial Eclipse Addition, being a 0.787-acres tract situated in the T. Wilson Survey, Abstract No. 1352, located in the City of The Colony, Denton Connty, Texas. (2003-SP004) -3- Planning and Zoning Commission May 27, 2003 Mr. Spencer presented the staffreport regarding a site plan for a Qwikwash located north of State Highway 121 and east of Discount Tire. Mr. Barry Farris of Qwikwash America, 3300 Preston Road, Frisco, Texas 75034. was present to answer questions. Staffrecommends approval subject to (8) stipulations. A motion for approval of a Site Plan for a Qwikwash located north of SIt 121 and east of Discount Tire, on Lot 1, Block 1, Partial Eclipse Addition, being a 0.787- acres tract situated in the T. Wilson Survey, Abstract No. 1352, located in the City of The Colony, Denton County, Texas. (2003-SP004), subject to eight (8) staff stipulations, Commissioner Jamme; second Commissioner Snider. Motion carried 6-0. With no further business, the meeting adjourned at 7:46 p.m. DeVill~ I-/ul~b a~rd,"~(~hai'rrh an ~ Sandy V~fi~ersaar, Recording Secretary -4-