HomeMy WebLinkAbout06/25/2013 P&Z
MINUTES
CITY OF THE COLONY
PLANNING AND ZONING COMMISSION
JUNE 25, 2013
After determining that a quorum was present, the Planning and Zoning Commission of the City
of The Colony, Texas convened into Regular Session which was held on Tuesday, June 25, 2013
at 6:30 PM in the City Council Chambers located in City Hall, 6800 Main Street, The Colony,
Texas, at which time the following items were addressed:
Board Members Present: Brian Wade; Eddie McCormick; Sham-ion Hebb; Cesar Molina, Jr.
and Cody Hall.
Board Members Absent: Richard Bambury, Chairman; Karen Hames, Vice-Chairman
Staff Present: Mike Joyce, AICP, Planning Director; Brooks Wilson, AICP, Senior Planner;
Gordon Scruggs, Engineering Director; Ed Voss, City Attorney; and Brian McNuelty, Recording
Secretary.
1.0 CALL REGULAR SESSION TO ORDER
Mike Joyce, Planning Director, called the meeting to order at 6:37 PM. Due to the absence of
both the Chairman and the Vice-Chairman, Commissioner Cesar Molina moved to appoint
Commissioner Brian Wade as Acting Chairman for the meeting. The motion was seconded by
Commissioner Cody Hall and the motion carried (5-0).
1.1 CITIZEN INPUT
Acting Chairman Wade announced that Item 3.2, Z13-0002, Trinity Main Development, was
being pulled from the agenda. He stated that any citizen could speak either for or against the
proposed rezoning at this time and that their comments would be placed into the public record.
Todd McElroy, 6204 Jennings Drive, The Colony, stated that he is opposed to the rezoning
request due to the increased traffic it would cause on Nash Street and for the potential safety
hazard to both children and pets using Lions Club Park.
Pat Parson, 4825 Nash, The Colony, stated that he is also opposed to the rezoning request due to
the traffic safety issue. It is his understanding that the State has not been receptive to placing a
traffic signal at Nash and Main. He stated that the additional traffic through the neighborhood
would affect the wildlife in Lions Club Park. In addition, his research in urban planning journals
has shown that a land use buffer is typically used between residential and retail uses and that no
buffer is being provided as part of this rezoning request.
Jesse Nikkel, 6000 Mayes Place, The Colony, stated that he and his wife would support the
rezoning of the portion of the church property adjacent to Main Street, but does not support
rezoning the entire property. He said that there are several vacant properties along Main Street
available for this type of development and that the added traffic would likely lower property
values. He added that vehicle access from Nash to Main Street would substantially worsen with
the addition of a retail development.
Minutes of the Planning and Zoning Commission
June 25, 2013
Page 2 of 8
Reverend Beverly Hughes, representing Trinity Presbyterian Church, asked why Item 3.2 had
been pulled from the agenda.
Mr. Joyce answered that since the zoning district requested by the church does not conform to
the Future Land Use Plan Map, an amendment to the Comprehensive Plan must be brought
before the Planning and Zoning Commission and the City Council prior to the rezoning request
being heard by the governing bodies. These two items (the Comprehensive Plan amendment and
the rezoning request) are scheduled for the July 9, 2013 Planning and Zoning Commission
meeting and the July 16, 2013 City Council meeting.
The following citizens were present at the public hearing, completed the Citizen Input Form, but
declined to speak:
• Natasha Nikkel, 6000 Mayes Place, The Colony - against.
• Marcos R. Malay, 6200 Jennings Drive, The Colony - against.
• Rose Malay, 6200 Jennings Drive, The Colony - against.
• Brian McKinzie, 4721 Lemmon Court, The Colony - against.
• Don Wagner, 6205 Blair Oaks, The Colony - against.
Acting Chairman Wade asked if any citizens wished to comment on any other issue that is not on
tonight's agenda. No one else came forward to speak.
2.0 CONSENT AGENDA
2.1 Consider approval of the minutes of the May 14, 2013 Regular Session.
2.2 PP13-0003, Tribute K-8 Academy Addition
Consider approval of a Preliminary Plat of the Tribute K-8 Academy Addition, being a
31.23 acre tract of land in the B.B.B. and C.R.R. Survey, Abstract No. 182, located on
the west side of Lebanon Road and north of Stonefield Drive.
2.3 FP13-0006, Tribute K-8 Academy Addition
Consider approval of a Final Plat of Lot 1, Block A of the Tribute K-8 Academy
Addition, being a 29.80 acre tract of land in the B.B.B. and C.R.R. Survey, Abstract No.
182, located on the west side of Lebanon Road and north of Stonefield Drive and the
dedication of approximately 1.44 acres of right-of-way for future Stonefield Drive and
another unnamed roadway.
It was moved by Commissioner Molina to approve Items 2.1, 2.2 and 2.3; seconded by
Commissioner Hall. Motion carried (5-0).
3.0 PUBLIC HEARING
3.1 SP13-0009, Tribute K-8 Academy Development Plan
Conduct a public hearing, discuss and consider making a recommendation to City
Council on a request for approval of a Development Plan for the Tribute K-8 Academy,
an elementary school on approximately 31.23 acres, located on the northeast corner of
Lebanon Road and Stonefield Drive.
Brooks Wilson, Senior Planner, presented the staff report.
Minutes of the Planning and Zoning Commission
June 25, 2013
Page 3 of 8
Commissioner Molina stated that the magnet school would function more like a private school
than a typical public school, with many more parents driving their students to and from the
school. He asked if there were plans for a free right turn lane off of Lebanon Road to help
facilitate traffic movement.
Mrs. Wilson stated that the requested Traffic Impact Analysis (TIA) was not completed and that
staff would look at that issue once it is submitted to the City. She also added that children from
The Tribute will be given first priority in attendance, so some of the children would be arriving
from south of the school site.
Marty Sims, Project Manager representing SHW Group Architects, stated that the majority of
children attending the school from outside The Tribute will be bussed from their home
campuses.
Commissioner Molina asked for an explanation of how the three-lane drop off will function.
John Casey, representing Glenn Engineering, stated that the outside lanes of the thirty-two foot
drive aisle are for drop-off, with the center lane for through traffic. Teachers and staff monitor
and coordinate up to eight vehicles dropping students at one time, so that a group of vehicles are
stopped at one time and all move forward together. The Glenn Engineering study shows that this
system can handle between eighteen to twenty cars per minute and that the school should empty
in about ten minutes. Mr. Casey added that the staff is given training to ensure student safety
during the drop-off and pick-up times and that Glenn Engineering will be on hand to observe and
suggest improvements to the drop-off and pick-up system for several weeks after the school has
opened.
Commissioner Hall asked for clarification of how the wider fire lanes will function as both drop-
off and parking.
Mr. Casey said that the parking function would only occur during non-school hours, such as an
after-school assembly or evening program.
Commissioner Hall asked how the parking encircled by the bus drop-off lanes will function.
Mr. Casey answered that those spaces are reserved for staff, which arrive before the busses and
depart after the busses.
Commissioner Shannon Hebb asked if there is adequate water and sewer capacity to provide for
the demands of the new school.
Gordon Scruggs, Director of Engineering, answered affirmatively.
Commission Hebb asked if the City would be constructing Roads "B" and "C."
Mr. Scruggs said that the developer, Matthews Southwest, will be constructing the roadways
adjacent to the school prior to the start of construction of the school.
Minutes of the Planning and Zoning Commission
June 25, 2013
Page 4 of 8
Commission Hebb asked why the suggestion by the Fire Marshall to connect the two fire lane
drive aisles was not required by staff.
Mrs. Wilson answered that while it was considered, the negatives of the connection outweighed
the positives and it was decided not to require the two fire lanes to be connected. Adequate fire
protection, that meets the requirements of the Fire Code, has been provided by the plan.
Commissioner Hebb asked about the adequacy of parking since the streets surrounding the
school allow parking only on one side.
Mrs. Wilson clarified that the streets immediately adjacent to the school allow parking on both
sides; it is the residential streets throughout the Aberdeen development that are striped for a fire
lane on one side and allow parking on the opposite side. However, she added that since the
applicant is providing the extra wide fire lanes, an additional fifty parking spaces will be
available during after school hours.
Acting Chairman Wade opened the public hearing.
Paul Brueningsen, 3204 Stonefield Drive, The Colony, opposed the site plan due to the increased
traffic along Stonefield Drive. He suggested that the school district relocate the school closer to
the corner of Roads "B" and "C" rather than at the corner of Stonefield Drive and Road "B." He
stated that his realtor had shown him plans for the school that showed its location away from
Stonefield Drive and that many other residents along Stonefield Drive had been shown similar
documents indicating the future location of the school prior to purchasing their homes. Mr.
Brueningsen also mentioned the condition of the streets in The Tribute, standing water problems
and difficulty with construction crews disposing of waste materials in an unsafe manner. Mr.
Brueningsen expressed his frustration with the school system, the developer and the City for not
having included the homeowners along Stonefield Drive during the planning phases. He referred
to plans showing earthen berms with landscaping along Stonefield Drive that would shield any
potential light pollution from the parking lot security lighting and noted that these berms were
not included on the site plan presented to the Commission. He also asked that the contractors,
who continue to construct new homes and, in the future, the school building, be held accountable
for their construction waste.
Commissioner Hall asked about the document Mr. Brueningsen referred to that showed the
school in an alternate location.
Mr. Brueningsen asked if the school district was aware of the alternate plan that had been shown
to potential buyers and if they had released that plan.
Janece Pool, 3212 Stonefield Drive, The Colony, agreed with Mr. Brueningsen regarding having
seen an alternate location for the school and was told that Stonefield Drive would not be used for
school traffic. Ms. Pool expressed that she feels mislead by the builders whose plans do not
match the current plan from Little Elm ISD.
Minutes of the Planning and Zoning Commission
June 25, 2013
Page 5 of 8
Jon Hawkins, 3104 Stonefield Drive, The Colony, stated that his home is located at the corner of
Stonefield Drive and Paisley, where one of the school drive aisles will connect. He is opposed
the site plan due to increased traffic on Stonefield Drive. He pointed out that traffic moving out
of the neighborhood to work destinations will generally be traveling in the opposite direction
from the incoming school traffic. Mr. Hawkins asked why the access to the school could not be
off of Road "C" and Lebanon Road with a bike trail for neighborhood students' access.
Craig Stillwagon, 3120 Stonefield Drive, The Colony, agreed with his neighbors about the plans
which showed the location of the school near the intersection of Roads "B" and "C." He
expressed concern about increased traffic, especially in light of the continued development on
the Tribute peninsula.
Doug Brunswick, 8232 Paisley, The Colony, mentioned that neighborhood streets, such as
Paisley, only allowed parking on one side and if overflow parking from the school site used the
on-street parking spaces for school functions, the residents would be impacted. He questioned
why the school could not be moved away from Stonefield Drive and asked what else was
planned for the site.
Linda Engle, Executive Director of Business Operations for Little Elm ISD, expressed sympathy
for any residents who were given misinformation from their builders regarding the school plans.
However, she added that the school district has owned the site for over ten years and that the
design showing the elementary school in its presently proposed location has been under
consideration for over a year and a half. The plans do not become official until the Board of
Trustees votes to approve the plan, including the financing of the school. Ms. Engle added that it
is the responsibility of the school district administration and the Board of Trustees to plan for the
highest and best use of the property, which may, in the future, also house a middle school and
athletic facilities incumbent with that level of student activity. She showed a concept plan,
which has not been adopted and approved, of a potential layout of the two schools and athletic
fields on the site. While demographics for the school district do not require a middle school at
this time, it is necessary to plan for its inclusion on the site at this point in time.
Ms. Engle provided information regarding bus usage in the school district. She stated that over
fifty percent of the students in the Little Elm ISD ride busses, approximately 3,300 students per
day. She stated that the STEM school will draw students from the entire district, a forty square
mile area. The students will be bussed to their home school and then shuttled to the STEM
school. The bus traffic will not use Stonefield Drive at all: the busses will use future Roads "B"
and "C" to access the dedicated bus drop-off drive aisle. Ms. Engle added that the staff directs
twenty-eight busses to and from another Little Elm ISD school and that the systematic
facilitation of student and bus movement allows this process to be accomplished within a twenty
minute time span.
Acting Chairman Wade asked why this particular corner of the site was chosen.
Ms. Engle responded that many factors were included in the decision, but in part the site was
chosen due to the already existing water and sewer infrastructure along Stonefield Drive.
Minutes of the Planning and Zoning Commission
June 25, 2013
Page 6of8
Mr. Brueningsen asked whether Matthews Southwest and/or Little Elm ISD provided the plans
that were shown to potential buyers and why the residents along Stonefield Drive were not
polled for their opinions.
Ms. Engle stated that the Visioning Committee that developed the school and site design
consisted of Little Elm ISD teachers and administrators, City staff and residents. School districts
frequently partner with developers, such as Matthews Southwest, to secure a school site which
benefits both the school district and the residential community. Ms. Engle stated that she has
worked with Little Elm ISD for three years and that the presently proposed location was the only
one that she has seen during her tenure with the school district. In addition, until the Board of
Trustees approves the site, the architectural plans and the financing, any drawing would be of a
conceptual nature only.
Kristian Teleki, Senior Vice President for Development for Matthews Southwest, also stated that
his company did not provide any drawings or plans for the school to builders or real estate
personnel. Once the site was sold to the school district, Matthews Southwest retained no rights
to dictate what was planned or built on the site.
Jon Hawkins asked for clarification of the athletic field shown on the concept plan.
Ms. Engle responded that it is likely to be a track for field events. However, she reiterated that
the middle school placement and the athletic field are conceptual only and not being considered
at this time by the Board of Trustees since the demographics do not currently reflect a need for
these facilities.
Commissioner Hebb asked when the STEM school site plan was approved by the Board of
Trustees.
Ms. Engle responded either in February or March, 2013.
Commissioner Hebb asked Mr. Scruggs if public utilities would be installed with the
construction of Roads B" and "C."
Mr. Scruggs answered affirmatively.
Janece Pool asked the Commission to bring the focus of the discussion back to the main issue -
that of traffic on Stonefield Drive.
Commissioner Hall asked about the potential conflict of traffic, student drop-off and trash pick-
up all occurring simultaneously.
Acting Chairman Wade stated that the trash collection service would coordinate a time that did
not conflict with the start or end of the school day.
Commissioner Molina added that typically school traffic can be very intense but concentrated for
a relatively short period of time in the mornings and afternoons. He expressed concern that the
Minutes of the Planning and Zoning Commission
June 25, 2013
Page 7of8
Traffic Impact Analysis (TIA) had not been completed in time for the staff or the Commission's
review. The TIA may indicate that additional turn lanes are needed to facilitate traffic movement
at the intersection of Lebanon Road and Stonefield Drive.
At the request of Commissioner Hebb, Acting Chairman Wade moved to close the Regular
Session in order to convene in Executive Session. The motion was seconded by Commissioner
Molina. The Executive Session began at 7:52 Pm.
4.0 EXECUTIVE SESSION
4.1 The Planning and Zoning Commission convened into a closed executive session
pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to seek legal
advice from the city attorney.
Acting Chairman Wade reconvened the public hearing portion of the Regular Meeting at 8:08
PM.
Acting Chairman Wade asked if there were additional statements or comments on item 3.1.
Jamie Dale Sheppard, 8272 Paisley, The Colony, asked if the findings from the TIA may be
considered when approving a site plan.
Mr. Joyce responded that the TIA may be considered; that the Commission may include a
request for the school district to provide additional right-of-way for turn lanes within a motion to
approve or deny the site plan.
Commissioner Molina asked if the school district would be amenable to providing right-of-way
and adding turn lanes should the TIA recommend this.
Ms. Engle responded that the school district would work cooperatively to provide a safe
environment for the students.
Mr. Brueningsen asked about the plans for drainage on the site, since standing water on and near
Stonefield Drive has been an ongoing problem.
Mr. Casey explained his plan for site drainage, which will flow toward the corner of Stonefield
Drive and Road "B." This plan, nearly complete, will be reviewed by the City engineers.
There being no more comments, Acting Chairman Wade closed the public hearing.
Commissioner Molina moved to approve the Development Plan for the STEM K-8
Academy, with the stipulation that should the Traffic Impact Analysis determine a need for
additional turn lanes on either Lebanon Road and/or Stonefield Drive, that the school
district considers donating right-of-way for these traffic improvements. Commissioner
Hall seconded and the motion carried (5-0).
Minutes of the Planning and Zoning Commission
June 25, 2013
Page 8 of 8
There being no further questions or discussion, Acting Chairman Wade adjourned the meeting at
8:18 PM.
Brian Wade, Acting Chairman
Brian c uelty, Recording Secreta