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03/01/2007-PZ-Minutes-RegularMINUTES: Planning and Zoning March 1, 2007 PRESENT: Chairperson Jerry Jenkins, Russell Martin, Gary Bilyeu, Thomas Muir, Jimmy Frazier, Brain Hutcherson, Paul Edleman OTHERS PRESENT: City Manager Jack Smith, Engineering Coordinator Samantha Renz, Economic Development Director Cecile Carson, City Engineer Rob Woods, Joe Falls 1. Jerry Jenkins called meeting to order. 2. Minutes: February 15, 2007 December 28, 2007 Discussed changes that were made to the December 28, 2006 minutes since the last meeting. Gary Bilyeu indicated the discussion is properly put in the minutes. Jerry Jenkins asked if the members felt the minutes accurately reflected the meeting. Gary Bilyeu and Russell Martin indicated they did. Discussion regarding the Beer and Wine ordinance as discussed at the December 28111 meeting. Gary Bilyeu moved to approve the December 28, 2006 minutes as amended, Jimmy Frazier seconded. Motion carried unanimously. Discussion regarding the February 1S, 2007 minutes. Thomas Muir moved to approve the minutes as presented. Paul Edleman seconded. Motion carried unanimously. 3. Conduct Public Hearing to Consider Possible Amendments to the City of Sanger Zoning Ordinances. Public Hearing Opened. No Discussion. Public Hearing Closed. 4. Consider and Possible Action on Recommendation of Proposed Ordinance #03-08-07 - Amending the Zoning Ordinance by Amending Section 42.2 Special dermitions and Amending 30.2 Schedule of Uses; Amending the Code of Ordinances by Amending Section 3.104 Sign Regulations '---- -- Paul Edleman referenced section 42.2 section 2(n) of the proposed ordinance and asked, if it was ever their intention that businesses could not have signs inside the building. He asked if they could just strike that section from the ordinance? Jimmy Frazier indicated if you read it right, the only place you could have the sign is in the front window facing the inside of the store. Paul Edleman indicated he did not think they had discussed the signs inside the building, he thought they wanted to not allow signs on the outside of the building advertising beer. Discussion continued regarding placement of luminous sips. Cecile Carson indicated it was her understanding that the Commission wanted the direct language from the Coppell ordinance. This is the language from that ordinance. Discussed 108.S2(c) of the TABC Code. City Manager indicated they are only talking about neon signs, not other types of signs. They can still advertise with other types. Lengthy discussion regarding the sign portion of the ordinance. Paul Edleman referenced section 3 of the proposed ordinance, and indicated this was in reference to a beer ham. He asked if that means that they could have drive thru sales with a Specific Use Permit? Cecile Carson indicated the City cannot regulate a beer barn per se. This is a closely worded definition because you can sell beer and wine in a "food and bevenge shop". Jerry Jenkins asked how a grocery store was going to sell beer and wine. Discussion followed, and the City Manager indicated this was not the ordinance that was passed by the Council; This is the proposed ordinance. Discussion regarding the requirement of a Specific Use Permit. Commission discussed ordinance that had been passed by the City Council. Cecile Carson indicated that Mr. Dillard bad recommended that language because the chart defmition was for a "Food and Beverage Sales Store". Paul Edleman asked under the proposed ordinance if Albertson's comes in and wants to sale Beer and Wine, they will have to come get a SUP? Cecile Carson indicated they still need a definition of a grocery store. Discussed how a grocery store will sale beer based on the current ordinance. Jerry Jenkins asked what the purpose of the ordinance is for. City Manager indicated it was so they would have some control. Jerry Jenkins indicated he did not want to control anything. City Manager indicated then they should eliminate the ordinance. Discussed that the ordinance does not exclude a restaurant. Discussed wording that is in the ordinance would classify an establishment as a restaurant. Discussed that Section 3 in the proposed ordinance would give them the ability to regulate beer and wine sales via an SUP. City Manager indicated that the attorneys that we use have been dealing with municipalities for over 40 yean. They will write an ordinance stating whatever we request, but the ordinance may not be legaL There are certain things we cannot do and just because another city does it does not make it legal. Discussion continued regarding the ordinance. City Manager indicated there was a difference in regulating a business that would sell beer and wine and a business that would sell beer and wine with a drive thru. This ordinance only addresses the regulation of drive thru widows. Gary Bilyeu indicated it is not a far stretch to say we only want it in a certain area, the whole thing says we are regulating a beverage shop with a drive thru. How is that not discriminating? He indicated he did not undentand why they were only focusing on those with a drive thru and that everyone else could do whatever they want. City Manager indicated he felt the commission was concerned about allowing beer hams, and staff has tried to follow thru and find an ordinance that would do that. Cecile Canon indicated under T ABC you can sell beer and wine in any nonresidential zoning. In Coppell their defmition was for a convenience store. They were not regulating beer and wine sales, they were regulating a convenience store. Gary Bilyeu indicated for the record they are not trying to hamper business ownen to sen products outside other than beer and wine. There has been confusion, but trying to get back on subject a little bit, if they say tonight that they do not want to go forward "- -..._ '-. with the definition for food and beverage sales, and they say they want to have control of bow beer and wine sales are done within the entire city what would be the next ste? City Manager indicated they have already passed an ordinance stating the areas where beer and wine can be sold. Paul Eclleman indicated this ordinance only says they would like the opportunity to look at the business and location before it goes in. Discussion continued regarding the current ordinances regulating beer and wine sales. Discussed zoning categories in which beer and wine sales are currently allowed. Russell Martin asked who enforces T ABC. Staff indicated T ABC does. Gary Bilyeu indicated there was an annual permit required by the City of Sanger to make sure the businesses were following all guidelines. Discussion regarding the state fee and local government fee and if it was an annual fee. Discussion regarding the processing fee allowed. Discussion followed regarding the current City of Sanger ordinance and possible changes to it. Russell Martin indicated they should not make decisions based on what's in the newspaper, but what is best for the City. Thomas Muir indicated he would like to see the ordinance that regulated beer and wine. They bad listed three things they wanted the ordinance to address. Does the approved ordinance include the fint two items they wanted in the ordinance, without the drive thru regulation, and this ordinance addresses the drive tbru regulation? Cecile Carson indicated T ABC regulations address the first item. Thomas Muir asked if it deals with the second item of outside sales and storage of beer and wine being prohibited? Discussion regarding the language in the current ordinance addressing outside storage and sales. Thomas Muir indicated he felt they should be able to regulate the appearance, signage, and cleanliness. He wanted to have a clean appearance. He is for non luminous signs, abide by T ABC regulations, no outside display, and is in favor of requiring a Specific Use Permit. ,_ Jimmy Frazier did not see how the Planning and Zoning should be involved in signs. Cecile Carson indicated "Planning" is normally involved in the regulation of signs. Gary Bilyeu asked if they can adopt the definition for "Quick-Service Food and Beverage Shop" and then address the issues of neon signs and no outside display and storage, etc.? Discussion continued regarding signs and enforcement. Gary Bilyeu indicated that the current ordinance that is in place has a lot of the information in it that they want. Jerry Jenkins indicated there was a mistake on section 1, Chapter 11 should be changed to Chapter 14. Discussed the proposed ordinance and the current ordinance. Cecile Carson indicated the proposed ordinance is for a store with a drive thru, where do you want the storage provision to go? Gary Bilyeu indicated they want the "outside storage" regulation to be applied to aU categories not just the drive thru establishments. Discussed current and new definition of "Quick Service Food and Beverage Shop". Discussed to prohibit only outside storage and sales of "packaged beverages". Cecile Carson indicated they will need to take this back to Mr. Dillard. Paul Edleman moved to adopt ordinance #03-08-07 with provision that Section 93 in ordinance #01-01-07 be attached with approval from the City Attorney, that the "outside display and storage of packaged beverages is prohibited" • Cecile Carson asked if they want it to apply only to the drive thru establishments. Paul Edleman indicated they want it to apply to everything. City Manager asked if they want to leave Section 2 as is. Commission indicated they did. Motion died for lack of second. Discussion continued regarding ordinances and requirement of a Specific Use Permit. '--· Commission agreed to keep all sections in Ordinance #03-08-07 and to add a new provision that states "The outside display and storage and sale of packaged beverage is prohibited" in all districts. Also correct Section 1 by changing it from Chapter 11 to Chapter 14. Discussion followed regarding the additional clause. It will need to be placed in a separate ordinance so that it applies to the entire City. Commission instructed staff to get clean copy of ordinance and bring back to them before taking it to CounciL 5. Consider and Possible Action Regarding the Thoroughfare Plan Map for the City of Sanger. Cecile Canon indicated there were concerns on the Westside of the City, they connected Rector Road and added an additional road. The road is not necessarily where it will be, but somewhere in that vicinity there will be an additional road. Ms. Canon went over the changes to the map. Discussed the road that would go through Mr. Falls property and the proposed golf coune. Gary Bilyeu asked when construction on the golf coune would begin. Joe Falls indicated it is in process. Discussion continued regarding the location of the road. Ms. Canon indicated they could eliminate that portion of the road and look at it again during the master plan process in December. At that time they could add it back in or add a road at another location in that area. Commission agreed to eliminate the road at this time. Jerry Jenkins moved to recommend approval of the thoroughfare plan with the exception of the road being cut out between Rector Road and McReynolds Road through the Falls property. Russell Martin seconded. Motion carried unanimously. 6. Consider and Possible Action on Review of Zoning, Subdivision and Building Ordinances. Gary Bilyeu indicated he would like to discuss Specific Use Permits at the next meeting. 7. Meeting Adjourned.