HomeMy WebLinkAbout05/11/04 P&ZPlanning and Zoning Commission May 11, 2004
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
HELD ON MAY 11, 2004
The Regular Session of the Planning and Zonintgh Commission of the City of The Colony,
Texas was called to order at 6:33 p.m. on the 11t day of May, 2004 at City Hall with the
following members present:
Bill Jamme, Chairman
Mike Barrett
Deville Hubbard
Brian Wade
Kirk Mikulec
Bill Harrison
Absent:
Marlene Milsak - Personal
Staff:
Harry Persaud, Director of Development Services
Chris Spencer, Planner
David Dodd, City Attorney
Sandy Vondersaar, Administrative Assistant
With six (6) P & Z 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 April 27, 2004.
Motion to approve the minutes of the meeting held on April 27, 2004, Commissioner
Wade; second, Commissioner Hubbard. Motion carried 4-0 with two abstentions.
Commissioners Barrett and Harrison were not in attendance at the April 27th
meeting.
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Planning and Zoning Commission May 11, 2004
3.0 CITIZEN INPUT
None
The Commission recessed to executive session at 6:35 p.m. They returned to the Council
Chambers at 6:59 p.m.
4.0 PUBLIC HEARING
4.1 Hold a public hearing and make a recommendation regarding a Specific Use
Permit under Section 10-900 of the Comprehensive Zoning Ordinance, to allow
for the sale of beer, wine and liquor for on-premise consumption in a 4,034
square foot Honky Tonk Restaurant with dancing and entertainment, located
within the Shopping Center "SC" zoning district classification, situated at 4649
South Colony Boulevard, Suite 300, on the northwest corner of Main Street and
South Colony Boulevard (2004-SUP002)
Chairman Jamme opened the public heating at 7:00 p.m.
Mr. Spencer presented the staff report regarding the recommendation of a Specific Use
Permit to allow for the sale of beer, wine and liquor for on-premise consumption in the
Honky Tonk Restaurant with dancing and entertainment, located at 4649 South Colony
Boulevard, Suite 300, on the northwest comer of Main Street and South Colony
Boulevard.
Fifteen (15) notices were mailed to the property owners within 200 feet of the subject
tract. At meeting time, three (3) notices in opposition and one (1) notice in favor had
been received.
Mr. Todd Dundas, 4555 North Shore Drive, The Colony, Texas, owner of the Honky
Tonk Reastaurant was present to answer questions.
Those who spoke in favor:
Rob Bauman, 4152 Gardner, The Colony, Texas 75056
David Bayliss, 4001 Heron Cove Lane, The Colony, Texas 75056
Tonie L. Boaman, 5576 Squires Drive, The Colony, Texas 75056
Vicki Orr, 4148 Clary Drive, The Colony, Texas 75056
Reasons for supporting the SLIP:
· The City needs to be more "business friendly"
· New owners will improve image of that entire section of the City
· More tax revenue will come into the City from surrounding cities
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Planning and Zoning Commission May 11, 2004
· Good food
· Live entertainment
· Wooden dance floor
· Will attract nice clientele
· The City should give more support to development of local businesses
Those who spoke in opposition:
B. J. Khandpur, 4995 Westport Drive, The Colony, Texas 75056
Puja Khandpur, 6021 Arbor Hills Way, The Colony, Texas 75056
Ginny Parker, 3917 Creek Hollow Way, The Colony, Texas 75056
Reasons for opposing the SUP:
· Less than 300' from a school
· Children are at an impressionable age
· Open for business until 2:00 a.m.
· Happy Hour at 5:00 p.m. when children are dismissed from school.
· Misrepresenting themselves as a restaurant - most restaurants do not have live
music and dancing
· Free beer being served
· Play area very close to the Honky Tonk
· Will discourage after hours parent participation at the school
· Safety, health and welfare issues
· Honky Tonk Saloon not good for the image of the City
· Continues legacy of liquor sales in the City
· School is extremely "high class" - saloon not acceptable so close to the school
Mr. Dundas stated the free beer is served only on Friday and Saturday nights because
their liquor license has not yet been issued. This offer is made when placing a food order
and is limited to two beers per person. He also stated the previous restaurant was open
until 2:00 a.m. and nothing has changed.
City Attorney Dodd assured the Commission that the TABC has a formula of sales of
food versus alcohol (Food and Beverage Certificate) that determines if an establishment
is considered a restaurant or a bar. This percentage of sales is reviewed annually. If
beverage sales exceed 50% of gross revenue it is non-conforming as a restaurant and will
be classified as a bar and no longer meet the City's zoning ordinance.
Staff recommends approval with four (4) stipulations. The fourth stipulation was
included at the advice of the City Attorney; "The City shall revoke the Certificate of
Occupancy if the restaurant fails to post a current Food and Beverage Certificate as
required by TABC."
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Planning and Zoning Commission May 11, 2004
A motion to make a recommendation regarding a Specific Use Permit under Section __
10-900 of the Comprehensive Zoning Ordinance, to allow for the sale of beer, wine and
liquor for on-premise consumption in a 4,034 square foot Honky Tonk Restaurant
with dancing and entertainment, located within the Shopping Center "SC" zoning
district classification, situated at 4649 South Colony Boulevard, Suite 300, on the
northwest corner of Main Street and South Colony Boulevard (2004-SUP002) subject
to four (4) staff stipulations, Commissioner DeVille; second, Commissioner Harrison.
Motion carried 6-0.
With no further business, the meeting adjourned at 7:40 p.m.
...,'"'Sandy Vo~51~rsaar, Recording Secretary
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