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12/28/2006-PZ-Minutes-RegularMINUTES: PLANNING AND WNING DECEMBER 28, 2006 PRESENT: Jimmy Frazier, Thomas Muir, Gary Bilyeu, Paul Edleman, Russell Martin ABSENT: Jerry Jenkins, Brian Hutchenon OTHERS PRESENT: City Manager Jack Smith, Engineering Coordinator Samantha Renz, City Secretary/Assistant City Manager Rose Chave-z, City Engineer Rob Woods, Economic Development Director Cecile Canon, Councilman Glenn Ervin 1. Gary Bilyeu called meeting to order. 2. Conduct Public Hearing to Consider a Replat on property legally described as Willowood Addition Lot 1, Block H. This will Replat Lot 1 into 13 Residential Lots. Public Hearing Opened. No Discussion. Public Hearing Closed. 3. Consider and Possible Action on a Replat for property legally described as Willowood Addition Lot 1, Block H. This will Replat lot 1 into 13 residential lots. Gary Bilyeu asked what the original plat looked like. Staff indicated it is currently one large lot. Thomas Muir moved to approve the plat as recommended by Staff. Jimmy Frazier asked about the street and if it would be put in. City Engineer indicated it would be built with Phase 2. Discussed that sidewalks will be enforced. City Engineer indicated there will be a tie into this subdivision, eventually Fint Street will tie into Quail Run. Paul Edleman indicated he would like to see developers come in and build a larger home. This would mean more taxes and less impact on the system. Cecile Carson indicated they would have the opportunity to discuss zoning that will address this issue. Jimmy Frazier seconded the motion. Motion carried unanimously. 4. Conduct Public Bearing to Consider a Zoning Change from Agriculture (AG) to Business 2 (82) on Property legally described as N.L. Hobbs Addition, Lots 1-4, Block A. Property is located on the corner of Marion and FM 45S. Public Hearing Opened. No Discussion. Public Hearing Closed. 5. _Consid~r and Possible Action Regarding a Zoning Change from Agriculture (AG) to Business (82) on Property legally described as N.L. Hobbs Addition, Lots 1-4, Block A. Property is located on the corner of Marion and ·FM 45S. Discussion regarding whether or not this land was in the city limits. Discussed zoning of the surrounding properties. Cecile Carson indicated the request does fit the current land use plan. Paul Edleman moved to approve the zoning request change from AG (Agriculture) to 82 (Business 2). Thomas Muir seconded. Motion carried 4 to 1. Russell.Martin voted no. 6. Conduct Public Hearing on Adding a Zoning Category for Beer and Wine Sales and for Drive Thru Sales. Public Hearing Opened. None. Public Hearing Closed. 7. Consider and Possible Action Adding a Zoning Category for Beer and Wine Sales and for Drive Thru Sales. · Cecile Canon indicated she·h~d.·been working with the City Attorney and he did not want to have a specific category called "Beer and Wine Sales". H, wants to tie it into "Quick Serve Food and Beverage Shop~-1> ~ ,~~ "";'.\ ~ .:; ... Current Defmition: Quick-Service Food and Beverage Shop -An establishment offering food or beverage to customen either through an automobile pick-up window or a walk-up window, and with eating space provided within the building. Ms. Canon indicated he suggested they add •••• "with or without" eating space provided. Then a beer barn would only be allowed with certain requirements having been met. She explained that they cannot out-right ban a beer barn. Discussion regarding the attorney's advice and T ABC regulations. Ms. Canon indicated that currently the ordinance is written to allow the drive thru service in Bl and 82 and with a Specific Use Permit in 11, 12, and 83. Gary Bilyeu indicated he had a copy of the City of Coppell's and they did not allow Beer and Wine drive thru sales. Ms. Canon indicated they could do all of the categories under a Specific Use Permit. These permits give the Commission and Council a great deal of control The City Attorney advised her that the best way to control these is by the Specific Use Permit. This would also cover a new fast food restaurant or any other drive .thru service including Beer and Wine sales. Gary Bilyeu asked why they could not put under "Retail and Service Type Uses" add "Beer and Wine off premises sales" Discussed that Food and Beverage Sales is not defined in our current ordinance. Discussed other definitions in the ordinance. Jimmy Frazier indicated that our land use chart at the top there are 16 categories, Royse City has 9, the City of Melissa has 10. Some of them are redundant and need to be done away with. Discussed ordinances need to be reviewed and changed. Paul Edleman asked Cecile Canon to read the definition she was proposing. Ms. Canon read the defmition as follows: Quick-Service Food and Beverage Shop -An establishment offering food or beverage to customen either through an automobile pick-up window or a walk-up window with or without eating space provided within the building. Russell Martin read the City of Coppell's language from their website as follows: "Permitted in grocery stores, convenience stores and other retail stores subject to all TABC regulations and measurement requirements, as detailed in (insert City of Sanger ordinance no.) The outside storage or display and sale of product in the open is not permitted. Drive-through or drive-up service is prohibited Thomas Muir indicated that is what they want, and this was written by the same firm that our City Attorney is with. Diseussion regarding the City of Coppell's ordinance (website language). Gary Bilyeu asked why could they not use the language adopted by the City of CoppeU: Ms. Carson indicated this is similar to what she originally had, and the City Attorney did not recommend it. Planning and Zoning Commission discussed they would like the language in Coppell's ordinance to be put into the City of Sanger's ordinance and sent to the CounciL Gary Bilyeu read the three sentences they wanted added to the ordinance: "Permitted in grocery stores, convenience stores and other retail stores subject to all TABC regulations and measurement requirements, as detailed in (insert City of Sanger ordinance no.) The outside storage or display and sale of product in the open is not permitted. Drive-through or drive-up service is prohibited ... Jimmy Frazier moved to adopt an ordinance that included the following language: "Permitted in grocery stores, convenience stores and other retail stores subject to all TABC regulations and measurement requirements, as detailed in (insert City of Sanger ordinance no.) The outside storage or display and sale of product in the open is not permitted. Drive-through or drive-up service is prohibited.,, Russell Martin seconded. Motion carried unanimously. Discussed distance requirements, and the special allowance for private schools. Thomas Muir moved to ask Council to consider the 1000' education allowance for school districts. Paul Edleman seconded. Motion carried unanimously. Discussion followed regarding other T ABC Regulations. 8. Consider and Possible Action on Review of Zoning, Subdivision and Building Ordinances. Gary Bilyeu indicated they had discussed theat the Single Family zoning would be the highest priority. Thomas Muir in~icated there were a lot of changes, and he thought instead of changing this ordinance they should look at adopting a whole new one and then make changes. Gary Bilyeu asked to schedule a session to discuss the ordinances. Workshop scheduled for January 11, 2N7 at 6:N p.m. 9. Meeting Adjourned.