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Home My WebLink About10/26/04 P&Z Planning and Zoning Commission October 26, 2004 I MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON OCTOBER 26, 2004 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 6:30 p.m. on the 26th day of October, 2004 at City Hall with the following members present: Bill J amme, Chairman Mike Barrett Marlene Milsak Brian Wade Kirk Mikulec Bill Harrison Absent: DeVille Hubbard - personal I Staff: Harry Persaud, Director of Development Services Lauren Odell, Planner Fred Ehler, Senior Engineer David Dodd, City Attorney Sandy V ondersaar, 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 August 10, 2004. Motion to approve the minutes of the meeting held on August 10, 2004, Commissioner Milsap; second, Commissioner Barrett. Motion carried 6-0 2.2 Approval and/or correction of the Capital Improvements Advisory Committee meeting held on September 28, 2004. I Motion to approve the minutes of the meeting held on September 28, 2004, Commissioner Wade; second Commissioner Harrison. Motion carried 5-0 with one - 1 - Planning and Zoning Commission October 26, 2004 abstention. Commissioner Barrett was not in attendance at the September 28th meeting. 3.0 CITIZEN INPUT None 4.0 PUBLIC HEARING Chairman Jamme opened the public hearing at 6:34 p.m. 4.1 Hold a public hearing and consider an ordinance of the City of The Colony, Texas amending Appendix 'A', Zoning, by amending Section 10-300 (50) by amending the Definition of Bar, Lounge or Tavern to be consistent with the state law definition; providing a savings clause; providing a severability clause; and providing an effective date. (2004-M020) City Attorney David Dodd reviewed the amended ordinance and explained its purpose is to more clearly define the definition of a bar, lounge or tavern. Chairman Jamme requested anyone wishing to speak in favor of the amended ordinance please approach the Commission. No one came forward. Chairman Jamme then requested anyone wishing to speak in opposition of the amended ordinance please approach the Commission. The following citizens addressed the Commission: Ms. Mary C. Mays of 5093 Ridgecrest said; "Until we have a problem it doesn't need fixed." She stated in order to operate a successful restaurant in The Colony alcohol needs to be served. If this amendment is approved by City Council it will put restaurants in The Colony out of business. Mr. Todd Dundas of 4555 North Shore Drive remarked that the Texas Alcohol Beverage Code does not state sales must be 50 percent food, 50 percent alcohol. There is no law for 50 percent food, 50 percent alcohol. Residents want more restaurants and the most popular restaurants sell alcohol. Mr. Mike Lynch, 4921 Roberts stated he doesn't feel enough information regarding the changes to the ordinance have been made available. Mr. Lynch said; "How can we be for or against if we don't know what's changed?" Chairman Jamme closed the public hearing at 6:54 p.m. - 2 - . ...-.-, --"- Planning and Zoning Commission October 26, 2004 I The Commission had the following questions: (1) How will this amendment affect existing restaurants? (2) Does the City's definition legally have to match the State's definition? (3) Is this change necessary just to keep current and avoid confusion and conflict? (4) T ABC sets regulations which supercede our City ordinance if in direct conflict. Is the City in conflict? (5) What initiated this amendment? (6) Does the City audit alcohol sales in restaurants? (7) Will this amendment require an establishment to reapply for a different license? (8) Is this amendment to the ordinance necessary? Attorney Dodd explained the purpose ofthese changes is to clarify the definition of a bar, tavern or lounge to match TABC's definition. With the present ordinance there is only a presumption of the definition of a bar, etc. The definition does not have to legally match the State but if they were the same it would avoid confusion. This will not put existing establishments with a Special Use Permit out of business. The TABC definition is for a type of license. The City is only involved through zoning. He said there is no mandate to amend the ordinance it is just his legal advice. I Mr. Persaud stated in his seven years with The City there has not been an audit by The City on the sales of alcohol. Recommendation rrom our City Attorney initiated this amendment. The Commission felt they needed more clarity before making a recommendation to Council. Mr. Persaud informed them of their options: (1) Postpone to another date (2) Table (3) Recommend approval to the Council (4) Recommend denial to the Council A motion was made to table item 4.1 until after item 5.1, Commissioner Harrison; second Commissioner Wade. Motion passed 5-l. Commissioners Jamme, Barrett, Milsak, Wade and Harrison for. Commissioner Mikulec against. 5.1 Consider a recommendation for approval of a Preliminary Plat for Lot 9, Block 1, Colony Plaza Addition, being a 2.562-acre tract situated in the T. I Wilson Survey, Abstract No. 1352, located North of SH 121 and West Blair Oaks Drive, north of the existing Bank One and South of the existing - 3 - Planning and Zoning Commission October 26, 2004 Comfort Suites Hotel, in the City of The Colony, Denton County, Texas. (2004-PP002) Ms. Odell presented the staff report regarding approval of a Preliminary Plat for Lot 9, Block 1, Colony Plaza Addition located north of State Highway 121, east of Main Street, south of Memorial Drive and west of Blair Oaks Drive. Mr. Dale Gates of Gateway Development, 14860 Montford Drive, Suite 205, Dallas, Texas 75254 was present to answer questions. After discussion Citizen Mike Lynch of 4921 Roberts asked if storm water utility fees and other fees for this development will be covered by the developer. Mr. Persaud assured Mr. Lynch that new development must be in compliance regarding payment of fees and follow all procedures required by The City. Staff recommends approval with four (4) staff stipulations. Commissioner Wade recommended an additional stipulation state that correct information be included in the legal description. A motion for approval of a Preliminary Plat for Lot 9, Block 1, Colony Plaza Addition, being a 2.562-acre tract situated in the T. Wilson Survey, Abstract No. 1352, located North of SH 121 and West Blair Oaks Drive, north of the existing Bank One and South of the existing Comfort Suites Hotel, in the City of The Colony, Denton County, Texas. (2004-PP002) subject to five (5) stipulations, Commissioner Harrison; second Commissioner Wade. Motion carried 6-0. City Attorney Dodd called an executive session at 7:24 p.m. Commissioners returned at 7:40 p.m. A motion for recommendation to the Council for denial of an ordinance of the City of The Colony, Texas amending Appendix 'A', Zoning, by amending Section 10-300 (50) by amending the Definition of Bar, Lounge or Tavern to be consistent with the state law definition; providing a savings clause; providing a severability clause; and providing an effective date. (2004-M020), Commissioner Mikulec; second Commissioner Harrison. Motion carried 6-0. With no further business, the meeting adjourned at 7:41 p.m. ,,"'--" _;/f' , l! ~" '.-'" , Bill Jamm1 hairman - 4- - __n_ -.,