HomeMy WebLinkAbout11/09/99 P&ZPlanning and Zoning Commission November 9, 1999
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON November 09, 1999
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 9th of November 1999, at City Hall with the
following members present:
Joe Agnew, Chair
DeVille Hubbard, Vice Chair
Wilson Martin
Cathy Wood
Kirk Mikulec
William Jamme
Commissioner DeWayne Snider was absent.
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
With six (6) 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 October 26, 1999.
Motion to approve the minutes for the meeting held on October 26, 1999,
Commissioner Wood; Second, Commissioner Wilson. Motion carried 6-0.
3.0 CITIZEN INPUT
None.
4.0 ITEMS FOR CONSIDERATION
4.1 A request for approval of a site plan for a retail strip center located on a 1.60
acre tract being Lot 2, Block 1, Wal-Mart Addition, situated in the H.
Hedgecoxe Survey, Abstract NO. 533, located in the City of The Colony,
Denton County, Texas, (99-SP009)
Mr. Persaud began his presentation by stating the applicant is providing a 30' driveway
off of FM 423. This driveway will be 178' from the existing driveway that serves the
Wal-Mart shopping center, which does not meet the minimum driveway spacing (200')
standard for the city. However, the applicant has moved the driveway closer to provide
for a deceleration lane along FM 423. A variance has been requested. There is a 15'
Planning and Zoning Commission November 9, 1999
one-way drive that will allow traffic to enter the site via the existing driveway along FM
423. Two additional 24' driveways are proposed at the northwest and southwest comers
of the site. Appropriate directional signage will be installed on the site to ensure safe
traffic circulation. A 5' sidewalk will be provided along FM 423. The parking
requirements for the 18,900 sq. fi. retail building is 95 spaces. The developer is
providing 95 spaces, including four handicapped accessible spaces. The developer will
connect to an existing 12" water line which runs behind the site. All landscaping either
meets or exceeds the City's requirements. External lighting will consist of high pressure
sodium or metal halide with cut-off type luminaire, and not to exceed 0.5 foot candles
when measured three feet above grade at the property line. Dumpsters will be screened
from public view. All signage will be in accordance with city specifications. Fire lanes
are in accordance with City requirements. There are two existing fire hydrants at the rear
of the property. One additional hydrant will be required of the developer, which will be
installed in front of the building near the proposed driveway.
Commissioner Mikulec questioned Mr. Saldana regarding traffic turning left from the
driveway onto Main Street. Mr. Saldana agreed this is a dangerous situation and will
discuss directional signs to be located on the median with TXDOT.
Commissioner Hubbard questioned composition of the pavement in the parking lot. Mr.
Persaud stated the composition is concrete per the City Ordinance.
Commissioner Wood wants to make certain proper signage be a top priority for both
entering and exiting these driveways. Mr. Persaud stated signage will be made very
clear.
Staff is recommending approval of the site plan subject to the following stipulations: 1. Engineering plans are to be approved in accordance with city specifications.
2. A deceleration lane is to be designed and constructed in accordance with
TXDOT and City of The Colony specifications.
Bryan Burger of Bury+Pittman-DFW, Inc., 5310 Harvest Hill Rd., Suite 100, Dallas, TX
75230 was present to answer any questions.
Motion to approve the site plan for the Wal-Mart Addition with variances, subject
to Staff stipulations, Commissioner Hubbard; Second, Commissioner Wood.
Motion carried, 6-0°
4.2 Receive a report from Staff and hold a discussion with regard to Eight-liners
in the City of The Colony.
Mr. Persaud stated in accordance with the City's comprehensive zoning ordinance a
"video arcade" is defined as a facility of which the primary use is the operation of coin or
token operated amusement or entertainment machines. Section 10-200 of the Zoning
ordinance "Schedule of Uses" specifically prohibits a video arcade in the Business Park
"BP" district and in all the residential zoning districts. A Specific Use Permit is required
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Planning and Zoning Commission November 9, 1999
for a video arcade in all of the non-residential zoning districts including the Planned
Development District.
It is clear that any furore development in the City involving a video arcade in a new or
existing building, must obtain SUP approval through the Planning and Zoning
Commission and City Council.
The Zoning ordinance specifically states, that "The designation of a Specific Use Permit
as possible on the use schedule, 10-200 in a given district does not constitute an
authorization or an assurance that such use will be permitted. Rather each Specific Use
Permit application shall be evaluated as to its probable effect on the adjacent property and
the community welfare and may be approved or denied as the findings indicate
appropriate."
A survey of surrounding cities was conducted. Mr. Persaud stated we are in a very strong
position compared to some of our neighbors.
It is clear from this discussion that the legal status of Eight-liners is still up in the air.
Hopefully, this issue will be finally decided by the courts in the not too distant future.
Until that time our policy options are very limited. We certainly want to reduce any
possible litigation or exposure in the final resolution, of the issues. The City's
comprehensive zoning ordinance provides a safety valve by requiring a Specific Use
Permit. Staff proposes therefore, that we deal with the Eight-liners on a case by case
basis through the SUP process.
A discussion regarding the possibility of our city having a referendum on use of eight-
liners was conducted. It was determined the conservative and safe handling of this issue
is by using the SUP ordinance process.
5.0 OTHER BUSINESS
Mr. Persaud suggested due to the Thanksgiving holiday the next Planning and Zoning
Commission meeting be rescheduled for November 30, 1999. The month of December
will have only one meeting on December 14, 1999.
Commissioners Mikulec and Jamme requested a copy of the NCTCOG training calendar
for Planning and Zoning. Staff will mail this calendar to all commissioners.
6.0 STAFF REPORTS
6.1 Director's Report
Upcoming agenda items: Temporary signage for Austin Ranch. Development of an
office complex on the southeast comer of Daily and Main Street.
With no further business, the meeting adjourned at 7:44 p.m.
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Planning and Zoning Commission November 9, 1999
ATTEST:
Recording Secretary
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