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REGULAR PLANNING AND ZONING
COMMISSION MEETING
January 21, 1999
COMMISSION PRESENT: Chairman Ann Creighton; Vice-Chairman James Murphy; and
Commissioners Rob Jones, F. C. LeVrier, C. D. Peebles, Mike Sandlin, and Keith Shankland.
COMMISSION ABSENT: None.
CITY STAFF PRESENT: Debra Drayovitch, City Attorney; Greg Last, Community Development
Director; Dennis Killough, Senior Current Planner; Charlie Thomas, Deputy Director of Public
Works; and Lori Farwell, Commtmity Development Secretary.
The Work Session started at 6:40 p.m. and ended at 7:08 p.m.
There was no Executive Session held.
(Planning and Zoning Commission meeting, 01-21-99, tape 1, section #0801)
The meeting was called to order by Chairman Creighton at 7:17 p.m.
AGENDA ITEM #2. APPROVAL OF MINUTES:
Chairman Creighton opened discussion of the minutes of the January 7, 1999, Planning and Zoning
Commission meeting.
Motion was made to approve the January 7, 1999, Planning and Zoning Commission meeting
minutes, as presented.
Motion: Murphy
Second: Jones
Ayes: Murphy, LeVrier, Peebles, Shankland, Jones, Creighton
Nays: None
Abstain: Sandlin
Approved: 6-0-1
Motion carried.
(Planning and Zoning Commission meeting, 01-21-99, tape 1, section #0822)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
Chairman Creighton said the Commission discussed procedural changes relating to limiting the
number of review comments for development cases during the Work Session. She said Director Last
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indicated the new procedures will not be effective until the February 8, 1999, submittal but was not
sure as to which Planning and Zoning Commission meeting these changes would first affect. She
also said the Commission is now considering off Thursdays for the Capital Improvements Advisory
Committee meetings.
AGENDA ITEM #4. AMENDMENTS TO LANDSCAPE ORDINANCE NO. 544:
AGENDA ITEM #9. ZA 98-101. SITE PLAN FOR LOT 3. BLOCK 3. DIAMOND CIRCLE
ESTATES:
AGENDA ITEM #10. ZA 98-118. REZONING AND DEVELOPMENT PLAN FOR
CHESAPEAKE PLACE. AND
AGENDA ITEM #11. ZA 98-119. PRELIMINARY PLAT FOR CHESAPEAKE PLACE:
Motion was made at the applicant's request to table Amendments to Landscape Ordinance No. 544
and to continue the Public Hearing to the February 4, 1999, Planning and Zoning Commission
meeting, to table ZA 98-101 to the February 4, 1999, Planning and Zoning Commission meeting,
and to table ZA 98-118 and ZA 98-119 and to continue the Public Hearings to the February 4, 1999,
Plarming and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Jones
Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton
Peebles (on Items #10 and #11 only)
7-0 (on Items #4 and #9) and 6-1 (on Items #10 and #11)
Motion carried.
Commissioner Peebles said he voted no to the tabling of Agenda Items # 10 and # 11; he would like
it heard tonight.
(Planning and Zoning Commission meeting, 01-21-99, tape 1, section #0998)
AGENDA ITEM #5. ZA 98-161. REZONING AND SITE PLAN FOR PRIMROSE SCHOOL:
Senior Current Planner Dennis Killough informed the Commission that this request is for a Zoning
Change on property legally described as a portion of Tract 6F situated in the J. G. Allen Survey,
Abstract No. 18, and being approximately 1.8 acres. A Site Plan for Primrose School will be
considered with this request. The property is located on the northwest comer of the intersection of
Davis Boulevard (F.M. 1938) and Union Church Road. The Current Zoning is "AG" Agricultural
District. The Requested Zoning is "S-P-l" Detailed Site Plan District with "C-2" Local Retail
Commercial District uses to include a private kindergarten. The Land Use Category is Retail
Commercial and 100 Year Flood Plain. The Owner of the property is Ronnie M. Woods. The
Applicants are Frank and Nancy Cangelosi. Seven (7) written notices were sent to property owners
within the 200' notification area, and no responses were received.
Planning and Zoning Commission Meeting Minutes on January 21, 1999 Page 2 of 12
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Frank and Nancy Cangelosi, 225 Bent Creek Court, Southlake, Texas, presented this item to the
Commission. They have been working with staff for approximately two months and were told by
staff last week they need a deceleration lane on Davis Boulevard which will change their plan. They
hope to work through this tonight and arrive at a mutually happy solution to the problem. They were
informed they will be required to give up 15' of property for this deceleration lane. He certainly
understands the necessity of this lane from a safety point of view and is in favor of it but needs a
little help to figure it all out.
Commissioner Peebles asked if they would amend their requested zoning to "S-P-1" Detailed Site
Plan District with "C-2" Local Retail Commercial District uses limited to a private kindergarten.
Mrs. Cangelosi said she would have a problem limiting the use to a private kindergarten because the
franchising company is planning to also offer a private lower elementary school in all of their
Primrose Schools, however, she does not want to. As a franchise owner, she has the option not to.
Given a choice, she would choose not to offer private elementary education given their location and
the quality of the public schools here, but she does not want to limit herself in the event she sold the
franchise and purchaser wanted to offer it.
Commissioner Peebles asked her opinion of limiting it to private kindergarten, preschool and lower
elementary school, and she said that would be fine.
Mr. Killough said staff was unaware of the possibility of adding a lower elementary school and does
not believe it is a permitted use in the "C-2" district. In order to add it as a permitted use, this case
would need to be readvertised including the "CS" district.
Commissioner Peebles said if the Cangelosis sold the business, the new owner would need to come
back to the city for approval of the "CS" district if he intended to include an elementary school.
Chairman Creighton said there are a number of permitted uses (IE: bicycle repair shops) in the "C-2"
district, and the Commission is trying to get a feel of whether or not the applicants are amenable to
limiting their request to the private kindergarten use only. Mrs. Cangelosi agreed.
Roland Foerster, 1315 19th Street, Plano, Texas, is the civil engineer on the project. He said the
asking of the deceleration lane poses some problems to their site. He said one of the requirements
for this site is a 15' bufferyard along Davis Boulevard and if they are required to give up an
additional 12' for the deceleration lane, they will have to move their parking and building more
towards the rear of the property. Their Davis Boulevard driveway will be situated in the transition
area of the deceleration lane which staff has indicated they would not like to have. If they could
locate the driveway where it is shown, they could provide the additional 12' of right-of-way as long
as they could get a waiver on the landscape bufferyard.
Commissioner Jones asked there is a full service driveway on Davis Boulevard, and Mr. Foerster
Planning and Zoning Commission Meeting Minutes on January 21, 1999
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said it is full service.
Commissioner Jones said he could see a right-in/right-out driveway at that location but not a full
service.
Vice-Chairman Murphy said if the Commission gets to a place where there is to be a driveway on
Davis Boulevard, he could see a right-in/right-out or possibly right-in only.
Chairman Creighton said she read the letter from the church which said they are not interested in a
common access easement due to the loss of parking spaces and the cost. It would seem to her the
operation of this day care would not coincide with the use of the church except in rare occasions and
maybe if the day care gave the church a common parking easement, they could reach some
agreement.
Mr. Cangelosi said they have contacted the church and they really did not want to do that. He said
he told the church they would pick up 90% of the costs relating to the driveway.
Commissioner Sandlin said that does not make sense. A church is busy on Sundays and the day care
would not have anyone there on Sundays so the church could use this parking lot as overflow. He
said maybe it was not explained correctly to the church.
Commissioner Peebles asked if they have reworked this site on the computer with the deceleration
lane added. Mr. Foerster said yes he has sketched it.
Commissioner Peebles said before the bufferyards are reduced, he wants them to make a good faith
effort to meet the ordinances. Until they have exhausted all possibilities, he does not really want to
talk about the variances. Mr. Foerster said in sketching out this site with the deceleration lane and
merely moving the building 12' back, he has found two items with the largest impact are the
possibility of losing parking and losing some large trees.
Commissioner LeVrier asked what the width is for a right-in driveway. Mr. Killough said if it is not
included for a fire lane, the City does not have any ordinance which requires internal drives any
certain width. It would need to be a sufficient width to adequately serve a vehicle which is
approximately 12' to 18'. If the drive is required for a fire lane, it must be 24' in width.
Since the properties are owned by the same individual, Commissioner Sandlin asked if the easement
shown on the west side of this property could be placed entirely on the property to the west which
would free up an additional 5' of land on.
The owner of both properties, Ron Woods, said a portion of the lot to the west is in the flood plain
and since he is required to have 20,000 s.f. of buildable land, he does not have much room.
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Commissioner Sandlin said he is still confused why the church would not want their parking lot
opening up into this parking lot if they could see the benefit it would bring to their parking lot on
a Sunday morning.
Commissioner Peebles asked if there is any way the City can require a common access easement.
Ms. Drayovitch said they can mandate to the developer that he acquire it and if he is unable to
acquire it, he can request for the City to go in with him paying the costs.
Regarding the church property, Mr. Foerster said the majority of their parking spaces are substandard
in size, and their fire lane does not meet the code. The church really has some existing constraints
on their property.
Chairman Creighton opened the Public Heating.
Wayne Haney (SPIN #15 Representative) 400 Brock, Southlake, Texas, said they had a SPIN meeting
regarding the Primrose School, and it was essentially a non-issue. The general feeling at the meeting
was the school is an necessary thing for the community. He has not received any calls from anyone
in his area voicing concerns. It is currently a junky-looking, empty lot, and this will be a nice
looking facility. In his opinion, a traffic signal at this intersection would not only make it safer for
the residents but also the Primrose School children.
Chairman Creighton left the Public Hearing open.
(Planning and Zoning Commission meeting, 01-21-99, tape 1, section #2418)
Chairman Creighton asked the Commission if they think this is a good use for the property.
Vice-Chairman Murphy said he thinks it is. He would rather see this use than another dry cleaners.
Commissioner Sandlin said he would vote for the zoning, but he would not vote for the Site Plan.
He thinks this Site Plan needs some work and thinks the Commission needs to revisit that issue.
Commissioner LeVrier said he would rather see this use than anything else on that comer. He asked
the applicant to make a second effort with the church regarding a common access easement and
shared parking. He suggested for the applicant to look at the existing driveway cut for the simple
mason that it gets it further away from the intersection. He would like to see the Site Plan revised
to show the deceleration lane and the common access easement. If the applicant would make an
effort on the deceleration lane, the common access easement and the repositioning of the building,
he would be willing to listen to how much relief they need on the front bufferyard.
Mr. Cangelosi said they will make every effort to work with the church.
Planning and Zoning Commission Meeting Minutes on January 21, 1999
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Commissioner Peebles said he does not want the applicant to get the idea that he can come back with
everything exactly the same but with a 2' bufferyard forced in; he would like them to try comply with
a 15' bufferyard. He understands why they want to save the trees, but he also wants them to make
sure that if they are saved, they will live.
Chairman Creighton said since they are trying to save the trees, maybe they can afford to lose a few
parking spaces in order to accommodate the trees if they have a common parking agreement anyway.
Before she will waive the bufferyard width, she wants to see they cannot do it any other way.
Mr. Cangelosi said 12' does not sound like much but when it is run 200' down Davis Boulevard, you
can forget the economic feasibility of this site. It makes it very difficult to move everything around
and comply.
Chairman Creighton said this is a good use for this property and was pleased to see their willingness
to limit the requested zoning to this use only. She hopes they can come up with something to make
it all fit.
Commissioner Jones asked them to go back and redesign this as if they were designing it for the first
time knowing there needed to be a deceleration lane. He said them is a large amount of land behind
the church and asked if there was any way to utilize that land to eliminate the parking/access
problems.
Mr. Cangelosi said no. Mrs. Cangelosi said that land is in the flood plain.
Commissioner Shankland knows the City could use another Primrose School; he knows the need is
them. Davis Boulevard is getting busier by the day, and he does not know how they can do without
the deceleration lane. He would like them to come back after having met with the church and tell
the Commission whether or not the discussions worked out.
Mr. Cangelosi agreed to meet with the church. He asked the Commission to go over some of the
other review comments and said his wife will address the articulation requirements.
Mrs. Cangelosi said the company who designs the Primrose Schools uses a set format and the thing
they start with first and foremost is safety. They felt it would be a danger to the children to jut out
the left side of the building which is where the playground is located for the one-, two-, and three-
year-olds. If the building was jutted, it would create an oppommity for children to run into the wall
and it would create an opportunity for the children to be out of visual range of the teachers. She
invited the Commission to visit the Primrose School on Kimball Avenue to see what she is talking
about. When she came to the City for approval on that Primrose School, they granted her the waiver
to the articulation. She understands why articulation is a requirement, but a playground has large,
bright playground pieces which draw your eye to them. She asked for a waiver to the articulation
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requirements.
Chairman Creighton asked staff if they have ever run into this before excluding the existing Primrose
School. Mr. Killough said Primrose is the only day care approved in Southlake under the current
regulations.
Commissioner Peebles asked the applicants if they would be willing to work with staff to clear up
the problems with vertical articulation. Mrs. Cangelosi said she is not aware of where they do not
meet the vertical articulation. Commissioner Peebles said the deficiencies are listed in the staff
review and asked them to work with staff on clearing them up.
Vice-Chairman Murphy asked staff to go through the vertical articulation comments and show the
Commission where they are deficient. Mr. Killough went through the articulation deficiencies.
Commissioner Peebles asked the applicants if they would be willing to work with staff to correct the
vertical and horizontal articulation problems where they will not impact the safety of the children.
Mr. Cangelosi said they will make every effort.
Chairman Creighton said she would be willing to forgive the failure to comply in those areas which
would impact the visibility of children on a playground. Regarding vertical articulation, the
applicant does not present issues any different than any other applicant with their own prototype
building that the franchisor expects them to build and the Commission routinely sends them back
to meet the ordinance requirements. She would like to see compliance on the vertical articulation
and the front horizontal articulation.
Mr. Cangelosi asked for a variance to Item #6 regarding the location of the dumpster and to Item #7
regarding the location of the play structures.
Commissioner Peebles asked if they could come into compliance on the Davis Boulevard side and
move the shade structure over some. Mrs. Cangelosi said they could move it but she does not want
to. She said it would interfere with the children's play area. The sun structure should be close to
the large playground, and they also want to leave room in the back for a large soccer field for the
children to play. Technically, they could move it, but the only people it will affect are the children.
It would be cutting into the children's play area if they move it.
Commissioner Shankland asked if the children are really out that much during the day. Mrs.
Cangelosi said during the summer they are. The children have to have sun screen applied two to
three times a day. She said they cannot have a playground with trees for shade because the children
eat what falls off of the trees. If the children are playing on the large equipment, they gravitate
towards a shaded area to play.
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Commissioner Shankland asked if the shaded covering will have the Primrose logo on it. Mr.
Cangelosi said it will have their logo on it.
Commissioner Shankland asked if that would violate the Sign Ordinance. Mr. Killough said he did
not know.
Commissioner Peebles said he does not know what moving the shade structure on the Davis
Boulevard side a little to the north and a little to the west will do to the children. Mr. Cangelosi said
he could move it a little, but it cannot be within the fall zones mandated by the State of Texas. He
said fall zones are the areas around any play equipment which have to be free of any kind of
obstruction that the children could get hurt on. Mrs. Cangelosi said there is a federal playground
inspector who inspects the area and a State inspector who inspects the area. Mr. Cangelosi said that
is why the playgrounds are laid out like they are; they have to meet all of the fall zone requirements.
Commissioner Peebles said his response is not going to change; if they can come into compliance
with the ordinance by moving the shade structure on the Davis Boulevard side without affecting the
safety of the children or their play habits, then he would like to have it in compliance. Mr. Cangelosi
said the will look at it.
Commissioner Shankland said he was serious about his question regarding the Sign Ordinance. He
did not want them to order an expensive shade with their logo on it to later find out they are in
violation of the Sign Ordinance. Mr. Cangelosi said if it violates any ordinance, he will not put them
on.
Commissioner Jones said he does not agree with Commissioner Peebles regarding the placement of
the play structures. His experience in dealing with children is the more room they have to roam, the
better.
Commissioner Sandlin said he is not concerned about shade structure to the back, but he is
concerned about the ones which appear to be in the front of the building. He agrees with
Commissioner Peebles in that if they can be moved a little further back in order to give the
appearance of not being in front of the building, then he would like to see that happen.
Chairman Creighton agreed saying she does not want to impact safety, but she is not happy about
seeing a shade structure sticking out so it is the first thing people see. She also questioned whether
or not the shade structure in front of the building is in compliance. Mr. Killough said it is not in
compliance. By ordinance standards, he said that particular shade structure is more serious than the
others. Mr. Cangelosi said it is much smaller; the others are around 15' in diameter, and this one is
about 6' in diameter.
Mr. Cangelosi requested a waiver to the west bufferyard as listed in Item #3.b. He said a portion of
it is in the three-year-olds' playground and at that age, they eat everything.
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Chairman Creighton clarified if they are asking to not be required to have a bufferyard along the
entire west property line. Mr. Cangelosi said only along the one playground. Chairman Creighton
said she cannot do that since it is adjacent to residential.
Mrs. Cangelosi said there cannot be trees dropping anything onto the playground.
Chairman Creighton said she understands their reasoning but said she needs a bufferyard.
Commissioner Shankland agreed saying they can plant certain things that are safer than others. They
cannot plant something that would never drop a leaf, but there are plants they could find which
would provide a buffer. It is going to be residential to the west, and he thinks the Commission is
already bending quite a bit to try and help the applicant.
Commissioner Jones does not see a compelling reason to put a bufferyard in the middle of a child's
playground when the playground itself is a bufferyard.
Chairman Creighton said she has sat through meetings listening to numerous residents complaining
about day cares going in next to their subdivision. The residents particularly wanted to be buffered
from the playgrounds because they are loud. That is one of the reasons why the bufferyard
requirements are there is to buffer the residential property from the adjoining use.
Commissioner Peebles said he would not suggest putting the shrubs and trees inside the playground.
He would suggest moving the fence over to the east and putting the shrubs on the other side of the
fence.
Chairman Creighton agreed.
Vice-Chairman Murphy asked what date the applicant plans to table to.
Jim Makens (Makens Company) 2300 Airport Freeway, Bedford Texas, said he was the person who
dealt with the church and is still unclear if they have to meet the new driveway ordinance regarding
stacking depth, fire lanes, etc. He needs an answer to those questions to take back to the church.
Vice-Chairman Murphy said that is a fair question, but he is probably not going to get an answer
tonight; he will need to discuss that further with staff.
Mr. Cangelosi asked to table to the March 4, 1999, meeting.
Motion was made at the applicant's request to table ZA 98-161 and to continue the Public Hearing
to the March 4, 1999, Planning and Zoning Commission meeting.
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Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Murphy
LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 01-21-99, tape 1, section #4931 )
Chairman Creighton called for a break at 9:11 p.m.
Chairman Creighton called the meeting back to order at 9:28 p.m.
AGENDA ITEM #6. ZA 98-162. REZONING, AND
AGENDA ITEM #7. ZA 98-163. PLAT SHOWING FOR PROPOSED LOTS 10 AND 11. J.G.
ALLEN NO. 18 ADDITION:
Motion was made at the applicant's request to table ZA 98-162 and ZA 98-163 and to continue the
Public Hearings to the March 4, 1999, Pla~ing and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Jones
Peebles, Shankland, Jones, Murphy, Sandlin, LeVrier, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 01-21-99, tape 1, section #4997)
AGENDA ITEM #8. ZA 98-165. SITE PLAN FOR MCDONALD'S:
Senior Current Planner Dennis Killough informed the Commission that this request is for a Site Plan
for McDonald's on property legally described as Lot 4, Block 1, Southlake Crossing, Phase II, an
addition to the City of Southlake, Tan:ant County, Texas, as recorded in Cabinet A, Slide 1614, Plat
Records, Tarrant County, Texas, and being approximately 1.056 acres. The property is located on
the south side of West Southlake Boulevard (F.M. 1709) approximately 400' east of Davis Boulevard
(F.M. 1938). The Current Zoning is "C-3" General Commercial District. The Land Use Category
is Retail Commercial. The Owner and Applicant is McDonald's Corporation. Six (6) written notices
were sent to property owners within the 200' notification area, and two (2) responses were received
which were in favor.
Dave Garner (McDonald's Corporation.) 511 E. Carpenter Freeway, Suite 375, Irving, Texas,
presented this case to the Commission. He said he does not have a problem with any of the staff
review comments. He said they redesigned this site to have better traffic flow and to eliminate some
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cut-through traffic, and they will also end up with more landscaping once they are through.
Commissioner Shankland said McDonald's always has beautifully landscaped areas with flowers
and bushes. He asked if the applicant would commit to maintaining the landscaping on this site as
long as they are them. Mr. Garner agreed and said they try to add color to their sites as the seasons
change. He also said the Vice-President lives in Southlake, so this is his store and it is maintained
quite well.
Chairman Creighton opened the Public Heating. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
Motion was made to approve ZA 98-165, subject to Site Plan Review Summary No. 1, dated
January 15, 1999.
Motion:
Second:
Ayes:
Nays:
Abstain:
Approved:
Murphy
Shankland
Shankland, Jones, Murphy, Sandlin, Peebles, Creighton
None
LeVrier
6-0-1
Motion carried.
(Planning and Zoning Commission meeting, 01-21-99, tape 1, section #5440)
Chairman Creighton said this was the item the Commission wanted to give some direction to the
City Council regarding whether or not some of the routine matters could be handled at the staff level
rather than having to come to the Commission.
Vice-Chairman said they would need to define the term "minor."
Chairman Creighton said cases such as this which change traffic flow probably should come to the
Commission.
Commissioner Jones suggested letting staffhave the latitude in making this decision. He thinks they
will make the right decision in determining which cases need to go forward to the Commission.
Commissioner Sandlin suggested that staff provide the Commission with examples of "minor"
changes so that the Commission could pick and choose what types of cases needed to come forward
to them. He said once they have a list of specific examples, they could then forward it to the City
Council and thinks they would appreciate it more than speaking in terms of generalities.
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Commissioner Jones said if a change is driven by a public safety issue, then it might be better if staff
could act on it immediately rather than delaying it in order to come forward to the Commission.
Commissioner Sandlin suggested bringing this subject back to the Commission as an Agenda Item,
and they could discuss the specific examples provided by staff.
Chairman Creighton asked which agenda this item would appear on. Mr. Killough said the Febnm~
4, 1999, agenda already has several items on it, and they might want to wait to an agenda with fewer
items. Chairman Creighton suggested the February 18, 1999, meeting. Mr. Killough said that would
be fine.
Commissioner Shankland said the Chairman of the Commission should be involved once items are
presented to staff. He thinks staff should maybe contact the Chairman and/or Vice-Chairman and
get his or her input. It would protect the staff so that they do not make a decision in which the
Commission or the City Council disagree with.
Commissioner Peebles said he does not know why the examples would be presented to the
Commission when they should be presented to the City Council.
Commissioner Sandlin said it would go forward to the City Council after the Commission looks at
it, and they can agree or disagree.
(Planning and Zoning Commission meeting, 01-21-99, tape 1, section #5795)
AGENDA ITEM #12. MEETiNG ADJOURNMENT:
Chairman Creighton adjourned the meeting at 9:45 p.m. on January 21, 1999.
ATTEST:
(Planning and Zoning Commission meeting, 01-21-99, tape 1, section #5797)
Afin Creighto/d - / ~
Lori A. Farwell
Community Development Secretary
Planning and Zoning Commission Meeting Minutes on January 21, 1999 Page 12 of 12