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HomeMy WebLinkAbout1999 P&ZMINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON January 26, 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 26th day of January 1999, at City Hall with the following members present: Joe Agnew, Chair Calvin Todd DeVille Hubbard Dee Hughes Sondra Calhoun Ike Obi Brian Broom was absent Staff. Harry Persaud, Director of Planning Wade Shelton, Planning Technician Abel Saldana, City Engineer With six (6) members present, a quorum was established and the following items were addressed: 2. DISPOSITION OF MINUTES: Approval or correction of Planning and Zoning Commission Minutes held on December 8 and December 15, 1998. Motion to approve the minutes for the meetings of December 8 and December 15, 1998, Commissioner Todd; Second, Commissioner Hubbard. Motion carried, 3-0; Commissioners Obi, Calhoun and Hughes abstaining. 3.0 OTHER BUSINESS: 3.1 Nomination and election of Chairperson and Vice Chairperson. Nominations for Chairperson: Joe Agnew, nominated by Commissioner Hubbard, seconded by Commissioner Calhoun. Joe Agnew is elected Chairperson of the Planning and Zoning Commission by acclamation. Nominations for Vice Chairperson: DeVille Hubbard, nominated by Commissioner Todd, seconded by Commissioner Calhoun. Calvin Todd, nominated by Commissioner Hubbard, motion died for lack of a second. Planning and Zoning Commission January 26, 1999 DeVille Hubbard is elected Vice Chairperson of the Planning and Zoning Commission by acclamation. 4.0 CITIZEN INPUT None. 5.0 PUBLIC HEARING 5.1 A request for approval of a replat of Lots 1-3 and 5-8, Block 3 of the Garza Little Elm Lake Estates, being a 1.385 acre tract located in the T. Wilson Survey, Abstract N0. 1352, located in the City of The Colony, Denton County, Texas (99-RP001). Chairman Agnew opened the public hearing at 7:12 p.m. Mr. Persaud began his presentation by stating that the replat will remove the shared lot lines between the seven lots. An existing building is located on the east portion of the replat. A 15' Right -Of -Way dedication has been requested along the frontage of the property on FM 423. The replat does meet the requirements of the Subdivision Ordinance. Staff recommends approval subject to the stipulation that engineering plans are approved in accordance with city specifications. Tom Cravens, Cravens & Associates, 521 Anderson, Coppell Texas, and Pat Skinner, 4716 East Lake Highland were present to answer any questions. Mr. Cravens stated that the future development of the unoccupied lot would be similar to the existing structure in use and construction. There was no person to speak in opposition to the request. Motion to approve 99-RP001, a replat of Lots 1-3 and 5-8, Block 3 of the Garza Little Elm Lake Estates, Commissioner Todd; Second, Commissioner Calhoun. Motion carried 6-0. 5.2 A request for approval of a replat of Lots 71-73 and part of 74, Block 1 of the Garza Little Elm Lake Estates, being a 0.284 acre tract located in the T. Wilson Survey, Abstract N0. 1352, located in the City of The Colony, Denton County, Texas (99-RP002). Mr. Persaud began his presentation by stating that the lots in question have a structure existing that crosses property lines. The applicant wishes to expand the use of the unoccupied building such that a site plan and specific use permit will be required. Therefore, the lots are to be replatted to remove the shared lot lines. 0) Planning and Zoning Commission January 26, 1999 Fifteen feet of Right -Of -Way will be dedicated via the replat per the Proposed Thoroughfare plan. Upon replatting, the existing building will be nonconforming because the building line will be moved 15' with the Right -Of -Way dedication. Upon redevelopment of the site, the new building line will be observed. Staff recommends approval subject to the stipulation that engineering plans are approved in accordance with city specifications. Ed Canada, applicant, 10591 Buccaneer Point, Frisco, Texas 75034 is present to answer any questions. Mr. Canada addressed questions regarding the proposed development for the site. There was no person to speak in opposition to the request. Motion to approve 99-RP002, a replat of Lots 71-73 and part of 74, Block 1 of the Garza Little Elm Lake Estates, Commissioner Todd; Second, Commissioner Obi. Motion carried 6-0. 5.3 A request for approval of an amendment to Planned Development Ordinance N0. 97-961 as follows: 1) to allow 17.94 acres currently designated as parkland/cemetery to be changed to single family with a density of 4.35 dwelling units per acre; and, 2) to allow 35.00 acres currently zoned for single family within Parcel C, Tracts 1 and 2 with a density of 4.00 dwelling units per acre to be changed to accommodate a city park and recreational facilities. Both tracts are located in the T. Wilson Survey, Abstract N0. 112 and the B.B.B. & C.R.R Survey, Abstract N0. 174, located in the City of The Colony, Denton County, Texas (99-Z001). Mr. Persaud stated that the original Planned Development ordinance depicted a park site near Bridges Cemetery and residential uses for the entire tract east of Paige Road and south of South Colony Blvd. The Commission did recommend to the City Council for the change in uses since the original park site was not large enough to accommodate the amount of land required via the Parkland Dedication ordinance. A zoning change amendment is required to formalize the process of exchanging land uses within a planned development. Staff recommends approval of the zoning change. Cary Cobb, Intermandeco, Inc., 1401 Burnham Dr., Plano, Texas 75093 is present to answer any questions. There was no person to speak in opposition to the request. Chairman Agnew closed the public hearing at 7:36 p.m. Motion to approve 99-Z001, an amendment to Planned Development Ordinance N0. 97-961 as follows: 1) to allow 17.94 acres currently designated as parkland/cemetery 3 Planning and Zoning Commission January 26, 1999 to be changed to single family with a density of 4.35 dwelling units per acre; and, 2) to allow 35.00 acres currently zoned for single family within Parcel C, Tracts 1 and 2 with a density of 4.00 dwelling units per acre to be changed to accommodate a city park and recreational facilities, Commissioner Calhoun; Second, Commissioner Hubbard. Motion carried 5-0, with Commissioner Todd abstaining. 6.0 ITEMS FOR CONSIDERATION 6.1 A request for approval of a development plan for Austin Ranch incorporating Planned Developments PD -10, PD -12 and PD -13, located south of SH 121 in the City of The Colony (99-M001). Mr. Persaud began his presentation by stating that the developers are required to present a development plan for approval before obtaining site plan approval. He then gave a brief review of the Austin Ranch development ordinances. He presented what each of the ordinances permitted in terms of use and the acreage allowed for each use. Mr. Persaud continued by stating that the development plan dictates a shift in uses across the entire development, not just within each individual planned development. This ability to shift uses is allowed as is prescribed within the planned development ordinances. The overall acreage shown for each proposed use remains unchanged as was previously allotted via each ordinance. The development plan also entails some development standards which the developers will incorporate into the specific plans for each phase of development. This includes a traffic study/recommendation. Lucilo Pena, Lucy Billingsley and Paul Nagler, Billingsley Development, 4800 West, 2200 Ross Ave., Dallas, Texas 75201, Terry Auterburn, Mesa Design Group, 3100 McKinnon St., Suite 905, Dallas, Texas 75201, and Dannie Cummings, Cummings & Pewitt, Inc., 1475 Richardson St., Suite 230, Richardson, Texas 75080, were present to answer any questions. Chairman Agnew asked if the numbers as shown on the proposed development plan are feasible in terms of today's market. Mrs. Billingsley stated that the proposed land uses are what they anticipate to be feasible. Chairman Agnew asked about a 50-50 distribution for multi -family and business park uses. Mr. Pena stated that the capacity of the utilities to serve the site is based off a 60% multi -family and 40% business park distribution. These numbers were approved, he stated, by Hal Jones, consultant for the City. He feels that the scenario illustrates what could and will happen with Austin Ranch, and that the approved planned development ordinances are intact. Mr. Pena made a presentation on the development plan for Austin Ranch. He covered the differences between traditional neighborhood development (or TND, which encourages pedestrian traffic) and garden apartments (which encourages vehicular traffic). The current planned development ordinances for Austin Ranch contain guidelines for garden FAI Planning and Zoning Commission January 26, 1999 apartment development. The proposed development plan will alter the guidelines to allow for TND. Mr. Pena then covered each individual item in the proposed development plan. Some discussion concerning parkland dedication ensued. Chairman Agnew expressed concern about the on -street parking. Mr. Saldana stated that the 37' pavement does meet the City's requirements. Mr. Pena stated that the traffic study supports the feasibility of on -street parking. He also has had discussions with the Fire Marshal concerning accessibility. Mr. Persaud reminded the Commission that a site plan would be required for every acre of development within Austin Ranch. Therefore, the City will ensure that the development plan is integrated throughout the duration of development. Mr. Persaud stated that he would like to amend two items within the development plan. First, Item #7 (page 3) shall be changed to read "Landscaping: All landscaping requirements will be in compliance with the Codes and Ordinances of the City of The Colony". Second, incorporate into the development plan the traffic study summary which he prepared. Mr. Pena stated that he does not have a problem with these amendments. Staff recommends approval of the development plan for Austin Ranch. Motion to approve 99-M001, development plan for Austin Ranch, subject to Staff stipulations, Commissioner Hubbard; Second, Commissioner Todd. Motion carried, 6-0. 7.0 STAFF REPORTS 7.1 Discuss a request for an extension for the temporary sign for Bristol Oaks Apartments located along SH 121 Mr. Persaud stated that the temporary sign permit for the Bristol Oaks sign on SH 121 is due to expire this week. Centex has requested an extension to the permit. Staff is requesting direction as to whether the item may be approved in-house, or if the Commission would like to have the item brought to them for consideration at the next meeting. The consensus of the Commission is for Staff to bring the item for consideration at the next meeting. Mr. Persaud discussed upcoming items with the Commission. Commissioner Hughes is stepping down effective February 1, 1999. Her services will be missed and the Commission and Staff appreciate all that she has brought to the Commission. 5 Planning and Zoning Commission January 26, 1999 Beginning tonight, the meetings are now televised. With no further business, the meeting was adjourned at 8:45 p.m. ATTEST: a Wade Shelton, Recording Secretary C7 oseph Agnew, Chairperson MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON February 9, 1999 The Regular Session of the Planning and ZoninCommission of the City of The Colony, Texas was called to order at 7:00 p.m. on the 9t day of February 1999, at City Hall with the following members present: Joe Agnew, Chair Calvin Todd DeVille Hubbard Brian Broom Ike Obi joined the meeting at 7:11 p.m. Sondra Calhoun was absent Staff. Harry Persaud, Director of Planning Wade Shelton, Planning Technician Abel Saldana, City Engineer With four (4) members present, a quorum was established and the following items were addressed: 2. DISPOSITION OF MINUTES: Approval or correction of Planning and Zoning Commission Minutes held on January 26, 1999. Motion to approve the minutes for the meeting held on January 26, 1999, Commissioner Todd; second Commissioner Broom. Motion carried 4-0. 3.0 CITIZEN INPUT None. 4.0 ITEMS FOR CONSIDERATION 4.1 A request for approval for a final plat for Legend Crest, Phase II, being a 24.20 acre tract located in the William A. Bridges Survey, Abstract N0. 112 and the B.B.B. & C.R.R. Survey, Abstract N0. 172, located in the City of The Colony, Denton County, Texas. Mr. Persaud stated that the preliminary plat for Legend Crest, Phase II was approved with a drainage detention facility in the northwest corner of the plat, which has since been removed. Staff has included a stipulation that the drainage study for redefining the flood plain shall be submitted for the approval of FEMA. Planning and Zoning Commission February 9, 1999 Other stipulations are as follows: 1. Indicate street name change between Lots 56 & 57, Block A from Bedford Lane to Redwood Lane. 2. Correct the "Phase W reference in the dedication statement to "Phase II". 3. Add dimension arrows to the easement callout for Lot 8, Block D. 4. Homeowners Association agreement to be filed with final plat. 5. Engineering plans to be approved in accordance with City specifications. Staff recommends approval. Ron Homeyer, Corwin Engineering, Inc., 8131 LBJ Freeway, Suite 333, Dallas, Texas 75251 was present to answer any questions. Motion to approve 99-FP001, a final plat for Legend Crest, Phase II, subject to Staff stipulations, Commissioner Broom; Second, Commissioner Todd. Motion carried, 5-0. 4.2 A request for approval for extension of a temporary sign for Bristol Oaks Apartments located on the South East corner of Blair Oaks and SH 121. Mr. Persaud began his presentation by stating that the applicant has already been granted a temporary sign permit on July 28, 1998 for a six-month period. The applicant is requesting a 120 -day extension. Mr. Persaud continued by stating that the City prohibits off-site billboard signs. Staff is not making a recommendation on this item; it is up to the Commission to make a recommendation to the City Council. Jeff Moten, Centex Multi -family, 3100 McKinnon Ave., Suite 370, Dallas, Texas was present to answer any questions. Commissioner Broom asked when the "future graphics" sign would be erected if the extension were approved. Mr. Moten stated that the sign would be repainted as soon as the City approves the extension. Chairman Agnew asked Mr. Persaud that in approving a variance, the variance stands upon its own merit; it does not set precedent. Mr. Persaud agreed with that a variance does stand upon its own merit. However, if the same situation arose with very similar circumstances then it would be hard to deny a similar request. If we make the same requirement of one development, we have to require it of another. This is not a major issue, but should be considered in this request. Commissioner Broom asked when the extension would begin: at the end of the previous expiration date or upon City Council approval. Chairman Agnew stated that that would have to be worded in the motion. Fa Planning and Zoning Commission February 9, 1999 Motion to approve 99-M002, a 120 day extension of a temporary sign for the Bristol Oaks Apartments effective from the date of the previous expiration, Commissioner Todd; Second, Commissioner Obi. Motion carried 3-2 with the following roll call vote: Commissioners Obi, Todd and Agnew in favor; Commissioners Hubbard and Broom against. 5.0 OTHER BUSINESS Commissioner Obi asked if there would be any formal orientation for new Commissioners. Mr. Persaud stated that he would offer training for Mr. Obi at his discretion. Chairman Agnew stated that he would like a formal training session within the next six weeks. Commissioner Hubbard asked about formulating goals and objectives for the year, conducting a CIP review and conducting a comprehensive plan update. Mr. Persaud stated that he would bring the past years goals and objectives to the Commission for review. The CIP was approved by Staff, but copies will be distributed to the Commission. Concerning a comprehensive plan update, we need to agree on the focus of the update. Mr. Persaud stated that he would come back to the Commission with an issue -oriented approach to an update in the future. Chairman Agnew asked about an amendment to the sign ordinance to allow for community banners (e.g. holiday banners). Mr. Persaud stated that he would bring that to the Commission at the next meeting. 6.0 STAFF REPORTS Mr. Persaud discussed upcoming items with the Commission. With no further business, the meeting was adjourned at 7:45 p.m. ATTEST: Wade Shelton, Recording Secretary 3 Doseph Agnew, Chairperson MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON February 23, 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 23`d day of February 1999, at City Hall with the following members present: Joe Agnew, Chair Calvin Todd DeVille Hubbard Brian Broom Ike Obi Sondra Calhoun was absent Staff. Harry Persaud, Director of Planning Wade Shelton, Planning Technician Abel Saldana, City Engineer With five (5) members present, a quorum was established and the following items were addressed: 2. DISPOSITION OF MINUTES: Approval or correction of Planning and Zoning Commission Minutes held on February 9, 1999. Motion to approve the minutes for the meeting held on February 9, 1999, Commissioner Broom; second Commissioner Todd. Motion carried 5-0. 3.0 CITIZEN INPUT None. 4.0 ITEMS FOR CONSIDERATION 4.1 A request for approval for a preliminary and final plat for the Parks of Austin Ranch, Lot 1, Block A, being a 24.295 acre tract located in the D. Andrews Survey, Abstract N0. 18, located in the City of The Colony, Denton County, Texas. Mr. Persaud began his presentation by stating that both the preliminary and final plats have been reviewed by Staff. A 5 foot pedestrian access easement is provided on the plat. All setbacks are in accordance with the Austin Ranch development plan. Staff 1 Planning and Zoning Commission February 23, 1999 recommends approval subject to the stipulation that the engineering plans are to be approved in accordance with City specifications. Lucilo Pena, Billingsley Development, 4800 West, 2200 Ross Ave., Dallas, Texas, Robert Jebavy, Brockette, Davis & Drake, 4144 North Central Expwy., Suite 1100, Dallas, Texas, and Dannie Cummings, Cummings & Pewitt, 1475 Richardson Dr., Suite 230, Richardson, Texas, were all present to answer any questions. Discussion ensued concerning traffic signals located on Windhaven Parkway. Mr. Persaud stated that the need for a traffic signal at Saintsbury and Windhaven would be dictated by the pace of development. Motion to approve 99-PP001 and 99-FP002, a preliminary and final plat for the Parks of Austin Ranch, Lot 1, Block A, subject to Staff stipulations, Commissioner Broom; Second, Commissioner Todd. Motion carried, 5-0. 4.2 Consider requests for variances to the Engineering Design Standards with regard to: 1. Driveway design (approach width) (Sec 3.02) 2. Driveway storage length (Sec 3.02) 3. Minimum corner clearance (Sec 3.01) 4. Street and thoroughfare geometrics on the approved thoroughfare plan. Mr. Persaud suggested that the site plan be considered at this time to explain in detail the nature of each variance request. Chairman Agnew at this time opened Item 4.3 for discussion to consider the variance requests in conjunction with the site plan discussion. 4.3 A request for approval of a site plan for the Parks of Austin Ranch, Lot 1, Block A, being a 24.295 acre tract located in the D. Andrews Survey, Abstract N0. 18, located in the City of The Colony, Denton County, Texas. Mr. Persaud spent some time discussing methods being utilized in other cities to help curb urban sprawl. Discussion ensued concerning the use of variances to achieve the desired outcome that a traditional neighborhood development strives to emulate. Chairman Agnew expressed his position that the City draft a document covering the details and making it inclusive to the planned development ordinance. Mr. Persaud stated that Staff would look at the different possibilities to achieve the desired effect. Mr. Persaud began his presentation of the site plan by stating that all internal roads will be private. The sidewalk along Windhaven will be recessed from the street and Pa Planning and Zoning Commission February 23, 1999 will be privately maintained. Parking requirements have been met. Location of fire hydrants will be approved by the City Engineer and Fire Marshal. Landscaping is in excess of the requirements. The on-site pond will be privately maintained. 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. Correct the parking total on the site plan. 3. Correct the spelling of "City of The Colony" in the title block of the landscape plan. Mr. Persaud now presented the variance requests. The first variance request is to allow the one-way slip road driveways to be 14' wide. The City does not have a standard for one-way driveway for multi -family development. The request is for a 14' driveway instead of 20' for one-way driveways. Staff recommends approval of the first variance. The second variance request is to reduce the minimum stacking distance (driveway storage length) from 50' to 13'. Staff recommends approval of the second variance subject to the stipulations that the developer locate stop signs at the slip roads and Andover Drive; and, the parking spaces which violate the required stacking distance be labeled as "visitor only". The third variance request is for a reduction in the minimum corner clearances from 50' to 13' to accommodate the location of the slip -road's exit onto Saintsbury. As per the development plan, a loop detector will be located at this intersection to quell traffic. Staff recommends approval of the third variance. The fourth and final variance request is to reduce the thoroughfare design standards for a "2U -C" from a 36 ft. curb to curb to a 24 ft. curb to curb with a 25 ft. radius. This variance would be applicable to intersections that are at least 150 ft. from the outside curb of Windhaven. Staff recommends 26 ft. curb to curb with a 30 ft. radius. The developer represented that 24' curb to curb with a 25' radius is adequate to handle the projected traffic. Mr. Pena made a brief presentation on the fourth variance request. The question is not the width of the entire street, he states, it is a question of how narrow to make it at the intersections along Saintsbury (at Davidson and Sonoma). The applicant feels that a more narrow neck at the intersections is more conducive to pedestrian activity. Mr. Cummings gave a presentation on his support of the fourth variance request. He stated that he does not see the proposed condition would create a hazardous situation. Kj Planning and Zoning Commission February 23, 1999 Mr. Saldaiia addressed the Commission on his stance on the first three variance requests, all of which he does not have a problem. He then discussed Staff s position on the fourth variance request. Chairman Agnew expressed concern over locating a deceleration lane for the one-way slip road entrance on Windhaven Parkway. Commissioner Obi suggested using traffic buttons to mark the traffic lanes to control traffic and to facilitate pedestrian traffic. Motion to approve Item 4.2 subject as requested by the developer, Commissioner Hubbard; Second, Commissioner Obi. Motion failed 3-2, with the following vote: Commissioners Todd, Broom and Agnew, nos; Commissioners Obi and Hubbard ayes. Further discussion ensued over the Staffs recommendation. Mr. Saldana stated that his recommendation is feasible. Motion to approve Item 4.2 subject to Staff stipulations, so as request number four provides a 24' curb to curb with a 30' radius applicable to intersections that are at least 150 ft. from the outside curb of Windhaven Parkway, Commissioner Todd; Second, Commissioner Broom. Motion carried 5-0. Motion to approve Item 4.3, site plan for the Parks of Austin Ranch, Lot 1, Block A, subject to Staff stipulations, Commissioner Hubbard; Second, Commissioner Todd. Motion carried 5-0. 5.0 OTHER BUSINESS 5.1 Receive a report, hold a discussion, and give direction to Staff with regard to Section 6-22 (1), Government Signs. Mr. Persaud began by stating that this past December the Special Events Board requested permission to erect holiday banners throughout the city. Staff questioned the City Attorney as to whether the City could approve the signs without Planning and Zoning Commission and City Council. Section 6-22 of the Sign Ordinance allows the special event banners to be erected. All seasonal and city/promotional signs qualify under this section. 6.0 STAFF REPORTS Mr. Persaud discussed the 1999-2004 CIP with the Commission. Staff will bring to the Commission the previous year's accomplishments within the Planning and Development department. LI Planning and Zoning Commission February 23, 1999 Mr. Persaud discussed upcoming items with the Commission. With no further business, the meeting was adjourned at 9:45 p.m. ATTEST: Wade Shelton, Recording Secretary 5 oseph Agnew, Chairperson MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON March 9, 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 9t' day of March 1999, at City Hall with the following members present: Joe Agnew, Chair Sondra Calhoun DeVille Hubbard Brian Broom Ike Obi Calvin Todd was absent Staff: Harry Persaud, Director of Planning Wade Shelton, Planning Technician Abel Saldana, City Engineer With five (5) members present, a quorum was established and the following items were addressed: 2. DISPOSITION OF MINUTES: Approval or correction of Planning and Zoning Commission Minutes held on February 23, 1999. Motion to approve the minutes for the meeting held on February 23, 1999, Commissioner Obi; second Commissioner Hubbard. Motion carried 4-0, with Commissioner Calhoun abstaining. 3.0 CITIZEN INPUT None. 4.0 ITEMS FOR CONSIDERATION 4.1 A request for approval of the preliminary and final plat for the Potter Addition, Lot 1, Block 1, being a 2.32 acre tract located in the H. Hedgcoxe Survey, Abstract N0. 533, located in the City of The Colony, Denton County, Texas. Mr. Persaud began his presentation by stating that both the preliminary and final plats have been reviewed by Staff. The property was zoned at the same time as the Wal - 1 Planning and Zoning Commission March 9, 1999 Mart Addition. A Right -Of -Way dedication of 15' is provided for FM 423. Memorial Drive is in place and no further Right -Of -Way dedication is required at that location. The plats meet all requirements of the City. Staff recommends approval subject to the following stipulations: 1. Label surrounding and tract zoning. 2. Engineering plans to be approved in accordance with City specifications. Tom Galbreath, Dunaway Associates, 1501 Merrimac Cir., #100, Fort Worth, Texas was present to answer any questions. Motion to approve 99-PP002 and 99-FP003, a preliminary and final plat for the Potter Addition, Lot 1, Block 1, subject to Staff stipulations, Commissioner Calhoun; Second, Commissioner Hubbard. Motion carried, 5-0. 4.2 A request for approval of a site plan for the Legends Amenity Center, being a 3.963 acre tract located in the William A. Bridges Survey, Abstract N0. 112, located in the City of The Colony, Denton County, Texas. Mr. Persaud stated that the Legends concept plan provides for an amenity center for the development. The property was platted with Legend Crest, Phase I. The amenity center will be maintained by the Homeowner's Association. The site plan meets all City regulations. Staff is recommending approval subject to the following stipulations: 1. Show filing data for all easements. 2. Engineering plans to be approved in accordance with City specifications. Cary Cobb, Intermandeco, Inc., 1401 Burnham Dr., Plano, Texas, and Michael Fraze and Eric Antrim, Mesa Design Group, 3100 McKinnon St., Suite 905, Dallas, were present to answer any questions. Chairman Agnew asked if Wilshire Lane would accommodate on -street parking. Mr. Persaud stated that on -street parking is allowed on Wilshire as is with most residential streets with a 60' Right -Of -Way. No parking will be allowed on Morningstar Drive. Mr. Cobb spoke briefly on the provision of 24 parking spaces for the development. He feels that the parking is more than adequate. He continued by stating that if this amenity center does not serve the needs of the entire Legends development, there are other areas that are potential locations for additional amenity centers. 2 Planning and Zoning Commission March 9, 1999 Motion to approve 99-SP002, The Legends Amenity Center site plan, subject to Staff stipulations, Commissioner Hubbard; Second, Commissioner Obi. Motion carried, 5-0. 5.0 OTHER BUSINESS 6.0 STAFF REPORTS Mr. Persaud provided a bullet summary of the 1998-1999 goals as approved by the Commission (page 17 of the Staff Report). He updated the Commission on the status of each goal (page 15-16 of the Staff Report). He then stated that he will begin to address the formulation of a 1999-2000 goals statement at the next meeting Mr. Persaud discussed upcoming items with the Commission. With no further business, the meeting was adjourned at 8:00 p.m. o ph A ew, Chairperson ATTEST: Wade Shelton, Recording Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON March 23, 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 23`d day of March 1999, at City Hall with the following members present: Joe Agnew, Chair Sondra Calhoun DeVille Hubbard Brian Broom Ike Obi Calvin Todd Staff. Harry Persaud, Director of Planning Wade Shelton, Planning Technician Abel Saldana, City Engineer With six (6) members present, a quorum was established and the following items were addressed: 2. DISPOSITION OF MINUTES: Approval or correction of Planning and Zoning Commission Minutes held on March 9, 1999. Motion to approve the minutes for the meeting held on March 9, 1999, Commissioner Calhoun; second Commissioner Broom. Motion carried 5-0, with Commissioner Todd abstaining. 3.0 CITIZEN INPUT None. 4.0 PUBLIC HEARINGS 4.1 A request for approval of a replat of Garza -Little Elm Lake Estates, Lots 31 & 32, Block 8, being a 0.195 acre tract located in the G. Emerlin Survey, Abstract N0.394, in the City of The Colony, Denton County, Texas. Chairman Agnew opened the public hearing at 7:08 p.m. Mr. Persaud began his presentation by stating that the applicant wishes to remove the shared property line between the two lots to create a larger lot for the construction of a 1 Planning and Zoning Commission March 23, 1999 single family home. State law requires a public hearing be provided for all replats. Staff recommends approval of the replat subject to the following stipulations: 1. Remove "West Lake Highlands Dr." from plat. 2. Show the Right -Of -Way of West Shore Drive. 3. Label the property ownership for all lots. Jim Vencill, 3404 Rockbrook, Plano, Texas 75074 was present to answer any questions. No person was present to speak in opposition to the request. Chairman Agnew closed the public hearing at 7:10 p.m. Motion to approve 99-RP003, a replat for Lots 31 & 32, Block 8 of Garza -Little Elm Lake Estates, subject to Staff stipulations, Commissioner Broom; Second, Commissioner Calhoun. Motion carried, 6-0. 5.0 ITEMS FOR CONSIDERATION 5.1 A request for approval of the final plat for the Saintsbury Drive, Davidson Street, and Stags Leap Drive Right -Of -Way Dedication, being a 4.37 acre tract located in the J.B. Martin Survey, Abstract N0. 827, located in the City of The Colony, Denton County, Texas. Mr. Persaud began his presentation by stating that the final plat has two major issues at this time. The first is that a variance will be required for Davidson Street since it is a one-way street. The City does not have a standard for one-way streets. A 45' Right -Of - Way is recommended and provided at this time. Staff recommends approval of the variance. The second issue relates to the tie-in of Saintsbury to McKamy Trail. McKamy Trail exists within the City of Plano with a 23' Right -Of -Way. Staff has been working with the developer and with the City of Plano to reach an agreement as to how this tie-in should be done. An agreement has yet to be reached at this time. Therefore, Staff is proposing a stipulation on this item which states "The Developer will work with the City, The Town of Hebron and the City of Plano towards a mutual agreement regarding the future development of McKamy Trail before tying on to McKamy Trail". The additional stipulation is that engineering plans are to be approved in accordance with City specifications, pending approval of the variance request. The Commission at this time entered lengthy discussion concerning the inability of the City to have the tie-in to McKamy Trail issue resolved prior to the request being forwarded to the Commission. There was discussion on tabling the item until an agreement has been reached. Additional discussion on making the stipulation more specific ensued as well. 0) Planning and Zoning Commission March 23, 1999 Paul Nagler, Billingsley Development, 4800 West, 2200 Ross Ave., Dallas, Texas and George Pewitt, Cummings and Pewitt, Inc., 1475 Richardson Drive, Suite 230, Richardson, Texas, were both present to answer any questions. Mr. Nagler requested that the Commission not table the item. He would rather have the plat approved minus the connection with McKamy Trail. Motion to table 99-FP004, the final plat for the Saintsbury Drive, Davidson Street, and Stags Leap Drive Right -Of -Way Dedication until the next Planning and Zoning Commission meeting due to the Commission requesting additional information, Commissioner Broom; Second, Commissioner Todd. Motion carried, 5-0. 5.2 A request for approval of a site plan for Whataburger, located on Lot 4, Wal- Mart Addition, being a 0.954 acre tract located in the H. Hedgecoxe Survey, Abstract N0.533, located in the City of The Colony, Denton County, Texas. Mr. Persaud began his presentation by stating that the preliminary and final plat for the site has already been approved. The Staff Report details several issues. Signage as shown on the site plan does not meet the City's sign regulations. Therefore, unless a variance is requested, all signage would have to be in accordance with the City's sign ordinance. Mr. Persaud also pointed out that the proposed development is subject to the State Highway 121 Development Guidelines. Staff recommends approval subject to the following stipulations: 1. Engineering plans are to be approved in accordance with City specifications. 2. External lighting shall consist of high-pressure sodium or metal halide type with a cutoff luminaire and not to exceed .5 foot candles when measured three -feet above grade at the property line. 3. Mounting height for external lighting shall not exceed fourteen (14) feet. 4. Install an additional fire hydrant within 150 feet of entrance. 5. Signage on property shall be in accordance with City's sign ordinance. Tammy Reed, Atkinson and Associates, 307 E. Houston, Edna, Texas and James Turcotte, Whataburger, 4600 Parkdale Dr., Corpus Christi, TX were present to answer any questions. Mr. Turcotte stated that the developer does not have an issue with any of the stipulations. Motion to approve 99-SP003, a site plan for Whataburger, subject to Staff stipulations, Commissioner Obi; Second, Commissioner Calhoun. Motion carried, 6-0. 6.0 OTHER BUSINESS t Planning and Zoning Commission March 23, 1999 Chairman Agnew stated that he would not be present at the next meeting. 7.0 STAFF REPORTS Mr. Persaud went over the proposed goals for the next year. Mr. Persaud stated that the decision to approve the off -premise sign for Stewarts Peninsula was made in-house. Staff would like some direction as to whether the sign should be permitted as a temporary sign, permitted with a variance to construction requirements, or if the sign should be corrected in terms of construction materials. The Commission would like to review the application for the sign noting that the sign would require a variance to the sign ordinance. The Commission discussed the following options: 1) removal of the sign, 2) consider a request for a temporary sign, 3) consider a request of a variance, or 4) redesign the existing sign to comply with the masonry content. The Commission gave Staff directive to bring this issue to the next meeting after holding a discussion with the developer. The Commission also requested Staff to prepare an ordinance amendment to close the loophole in the ordinance. Mr. Persaud discussed upcoming items with the Commission. With no further business, the meeting was adjourned at 8:45 p.m. ATTEST: Wade Shelton, Recording Secretary 19 Joseph Agnew, Chairperson Vt�C-e cV� �.91 So✓` . Planning and Zoning Commission April 13, 1999 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON April 13, 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 13`" day of April 1999, at City Hall with the following members present: DeVille Hubbard, Vice Chair Sondra Calhoun Wilson Martin Brian Broom Ike Obi Calvin Todd Joe Agnew, Chair was absent Staff: Harry Persaud, Director of Planning Wade Shelton, Planning Technician Abel Saldana, City Engineer With six (6) members present, a quorum was established and the following items were addressed: 2. DISPOSITION OF MINUTES: Approval or correction of Planning and Zoning Commission Minutes held on March 9, 1999. Motion to approve the minutes for the meeting held on March 23, 1999, Commissioner Todd; second Commissioner Broom. Motion carried 6-0. 3.0 CITIZEN INPUT None. 4.0 ITEMS FOR CONSIDERATION 4.1 A request for approval of the final plat for the Saintsbury Drive, Davidson Street, and Stags Leap Drive Right -Of -Way Dedication, being a 4.37 acre tract located in the J.B. Martin Survey, Abstract N0. 827, located in the City of The Colony, Denton County, Texas (99-FP004). Mr. Persaud took the opportunity to introduce Wilson Martin to the Commission. He is filling the vacant place on the Commission. Welcome! 1 Planning and Zoning Commission April 13, 1999 Mr. Persaud also took the opportunity to announce that Wade Shelton, Planning Technician has accepted a position with the City of San Antonio in their Planning Department. Staff is currently interviewing for the position at this time. Mr. Persaud began his presentation by stating that the final plat was tabled at the previous meeting due to the Commission requesting additional information. The City has no jurisdiction outside of our city limits. Therefore, we may not impose standards or maintain a street outside our city limits. Saintsbury Drive ties into McKamy Trail, which currently is situated within the City of Plano and the Town of Hebron. Staff has met with the City of Plano, and they have agreed that any time in the future McKamy is to be developed, they will be willing to take over full maintenance responsibility. McKamy is not located on the City's Proposed Thoroughfare plan. Also, a variance is requested to permit the construction of a portion of Davidson as a one- way street with a 45 feet Right -Of -Way. The City has no standards for a one-way street. Staff does not see a problem with the variance request and recommends approval of the final plat subject to the following stipulations: 1. Granting of the requested variance to allow a 45 feet Right -Of -Way on the one-way portion of Davidson Street. 2. Correct the city limits of The Colony on the location map. Paul Nagler of Billingsley Development, 4800 West, 2200 Ross Avenue, Dallas, Texas 75201 was present to answer any questions. Mr. Nagler pointed out to the Commission that additional future Right -Of -Way for the development of McKamy Trail would be provided as is shown on the plat. Motion to approve 99-FP004, a final plat for the Saintsbury Drive, Davidson Street, and Stags Leap Drive Right -Of -Way Dedication, subject to Staff stipulations, Commissioner Broom; Second, Commissioner Calhoun. Motion carried, 6-0. 4.2 Consider a request for an amendment to the Austin Ranch Development Plan. Mr. Persaud began his presentation by stating that the Commission may recall that several variances were requested by the developer during the review of the Parks of Austin Ranch site plan. The Commission agreed that by amending the Austin Ranch Development plan to incorporate these development standards, the developer would not have to request the same variance every time they submitted a site plan. Mr. Persaud then went over the requested amendments at this time (as shown in the Staff Report). In addition to the requested changes, thoroughfare geometric standards are included in the development plan amendment. 2 Planning and Zoning Commission April 13, 1999 Motion to approve Item 4.2, an amendment to the Austin Ranch Development Plan, subject to Staff stipulations, Commissioner Todd; Second, Commissioner Obi. Motion carried 5-0, with Commissioner Martin abstaining. 5.0 PUBLIC HEARINGS 5.1 Hold a public hearing and consider making a recommendation to the City Council with regard to an ordinance amending Appendix B — Subdivision of the City's Code of Ordinances by providing for an access policy applicable to FM 423 and SH 121. Chairman Hubbard opened the public hearing at 7:47 p.m. Mr. Persaud stated that the proposed ordinance was created to limit the number of accesses allowed in proximity to street intersections. There are several instances within the City that have developed over time that create a problem and are potentially dangerous. The public purpose of this ordinance is to enhance traffic capacity by limiting driveway access to pertinent tracts. Mr. Persaud then read through the draft ordinance. Mr. Persaud stated that the ordinance would be reviewed by the City's legal advisor. No person was present to speak in favor or against the proposal. The public hearing was closed at 7:57 p.m. Motion to approve a recommendation to the City Council with regard to an ordinance amending Appendix B — Subdivision of the City's Code of Ordinances by providing for an access policy applicable to FM 423 and SH 121, Commissioner Obi; Second, Commissioner Todd. Motion carried, 6-0. 5.2 Hold a public hearing and consider making a recommendation to the City Council with regard to amending Article II, Signs, of Chapter 6, Buildings; Construction and Related Activities, of the City's Code of Ordinances to provide a definition for recreational establishments. Chairman Hubbard opened the public hearing at 8:06 Mr. Persaud began his presentation by stating that at the last meeting the Commission discussed a loophole in the City's sign ordinance concerning off -premise signs for recreational developments. Staff proposes to close the gap by amending the ordinance to state that "recreational establishments for the purposes of this subsection refers to those recreational facilities which are located on public property or establishments which are operated and maintained by a public agency through the use of public funds". Mr. Persaud stated that this ordinance was reviewed by the Director of Parks and Recreation. 3 Planning and Zoning Commission April 13, 1999 No person was present to speak in favor or against the proposal. Chairman Hubbard closed the public hearing at 8:09 p.m. Motion to approve a recommendation to the City Council with regard to amending Article II, Signs, of Chapter 6, Buildings; Construction and Related Activities, of the City's Code of Ordinances to provide a definition for recreational establishments, Commissioner Calhoun; Second, Commissioner Todd. Motion carried, 6-0. 6.0 OTHER BUSINESS 7.0 STAFF REPORTS Mr. Persaud provided the Commission accomplishments for 1998-1999 and goals Council for signature the Summary Report on for 1999-2000 for submittal to the City The Southwest Legal Foundation short course is coming up on May 28. All Commissioners are encouraged to attend. Mr. Persaud discussed upcoming items with the Commission. Mr. Persaud stated that the work session scheduled for April 20, 1999 will not occur. With no further business, the meeting was adjourned at 8:23 p.m. -1 A q�2�- seph Agnew, Chairperson ATTEST: Wade Shelton, Recording Secretary M Planning and Zoning Commission April 27, 1999 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON April 27, 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 27`h day of April 1999, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard, Vice Chair Sondra Calhoun Wilson Martin Brian Broom Ike Obi Calvin Todd Staff. Harry Persaud, Director of Planning Michael Hampton, Planning Technician Abel Saldana, City Engineer With seven (7) members present, a quorum was established and the following items were addressed: 2.0 DISPOSITION OF MINUTES: 2.1 Approval or correction of Planning and Zoning Commission minutes for the meeting held on April 13, 1999. Motion to approve the minutes for the meeting held on April 13, 1999, Commissioner Todd; second Commissioner Calhoun. Motion carried 6-0, with Commissioner Agnew abstaining. 3.0 CITIZEN INPUT None. 4.0 PUBLIC HEARING 4.1 A request for approval of a replat of Lot 3, Block 1 of the Wal-Mart Addition, being a 1.33 acre tract located in the H. Hedgecoxe Survey, Abstract N0. 533, located in the City of The Colony, Denton County, Texas (99-RP004). Charman Agnew opened the public hearing at 7:15 p.m. 1 Planning and Zoning Commission April 27, 1999 Mr. Persaud took the opportunity to announce that Michael Hampton has accepted the position as Planning Technician with the City of The Colony. Welcome! Mr. Persaud began his presentation by stating that the purpose of the proposed replat is to create two lots for development purposes. There is no direct access allowed from F.M. 423. There is a mutual access easement with Lot 1, Block 1, Office Creek Addition which facilitates the on-site circulation of traffic. There are water and sewer lines located in the Right -Of -Way of F.M. 423 that will provide services to the lot. The replat met the requirements of the city and Staff recommends approval with the stipulation that engineering plans are to be approved in accordance with City specifications. Bryan Burger of Bury & Pittman-DFW, Inc., 5310 Harvest Hill Rd, Suite 100, Dallas, Texas 75230 was present to answer any questions. Discussion ensued concerning the future of the two lots, especially the purpose of the smaller Lot 3R-2. Mr. Persaud pointed out that the two proposed lots had already been sold with Chick-fil-a and Carwash 2000 being the potential occupants. Commissioner Agnew questioned if the 20' mutual access easement aligned with the existing Shell station on Lot 1, Block 1. Mr. Persaud stated that the mutual access easement would align with the existing use. Chairman Agnew closed the public hearing at 7:23 p.m. Motion to approve 99-RP004, a replat of Lot 3, Block 1 of the Wal-Mart Addition, subject to Staff stipulations, Commissioner Todd; Second, Commissioner Martin. Motion carried, 7-0. 5.0 ITEMS FOR CONSIDERATION 5.1 A request for approval of a site plan for Chick-fil-a, located on Lot 3R-1, Wal-Mart Addition, being a 1.046 acre tract located in the H. Hedgecoxe Survey, Abstract N0. 533, located in the City of The Colony, Denton County, Texas (99-SP004). Mr. Persaud began his presentation by stating a mutual access easement would be utilized to circulate traffic on the site. A 5' sidewalk will be in front of the property. The parking requirements will be exceeded. The landscaping on the site does meet all of the city's requirements. Signage will comply with the city's standards and the fire protection specifications have all been met. The rear fagade of the building will be of consistent materials and appearance with the rest of the structure as specified in the SH 121 Design Guidelines. K Planning and Zoning Commission April 27, 1999 Bryan Burger of Bury & Pittman-DFW, Inc., 5310 Harvest Hill Rd, Suite 100, Dallas, Texas 75230 was present to answer any questions. Extensive discussion followed about the ATM machine. Commissioner Calhoun expressed concern about maintenance, lighting, and safety. Mr. Persaud pointed out that there are no ordinances concerning ATM machines but that lighting would be a plus in terms of safety. Mr. Burger stated that Chick-fil-a would maintain the ATM. The Commission stated that it would like to add stipulations regarding lighting and landscaping around the ATM to ensure safety. Staff recommends approval of the site plan subject to the following stipulations: 1. Engineering plans are to be approved in accordance with City specifications. 2. External lighting shall be mounted so as to be consistent in height with adjacent properties. 3. Provide adequate external lighting in the vicinity of the ATM. 4. Landscaping in the vicinity of the ATM shall not exceed 3' in height. Motion to approve a site plan for Chick-fil-a, located on Lot 311-1, Wal-Mart Addition, Commissioner Obi; Second, Commissioner Calhoun. Motion carried, 7-0. 5.2 A request for approval of a site plan for Arby's, located on Lot 3A, Colony Plaza Addition, being a 0.884 acre tract located in T. Wilson Survey, Abstract N0. 1352, located in the City of The Colony, Denton County, Texas (99-SP006). Mr. Persaud began his presentation by stating that the lot for the proposed Arby's was platted in May 1997. Access for the site is a 30' driveway that is sufficiently spaced from adjacent driveways along SH 121. Parking exceeds the requirements. Utilities are existing on the site. The developer is unable to meet the landscaping requirements in the street yard and is asking for a variance. All other landscaping requirements have been met. Michael Peeples of Michael Peeples Engineers, 2514 Tarpley Rd., Suite 118, Carrollton, TX 75006 was present to answer any questions. Discussion about landscaping ensued. Mr. Peeples pointed out that landscaping around the transformer would comply with the utility company's requirements. Commissioner Agnew expressed safety concerns with the additional curb cuts and direct access on SH 121. Mr. Persaud and Mr. Saldana pointed out that no clear documentation existed from past cases to limit direct access to Arby's. An ordinance scheduled for the June 7, 1999 City Council meeting will address mutual access easements on SH 121 and FM 423. Staff recommends approval of the Arby's site plan subject to the following stipulations: K Planning and Zoning Commission April 27, 1999 1. Engineering plans are to be approved in accordance with City specifications. 2. Install a fire hydrant on the southeast corner of the site. 3. Signage on the site shall be in accordance with the City's specifications. 4. External lighting shall consist of high pressure sodium or metal halide with a cut-off type luminaire not to exceed 0.5 foot candles when measured 3 feet above grade at the property line. Mounting height shall be consistent with adjacent properties. Motion to approve a site plan for Arby's, located on Lot 3A, Colony Plaza Addition, Commissioner Hubbard; Second, Commissioner Calhoun. Motion carried, 5-2. 5.3 A request for approval of a final plat of Lot 1, Block A, Colony High School Addition, being a 3.427 acre tract located in the T. Wilson Survey, Abstract N0. 1352, located in the City of The Colony, Denton County, Texas (99- FP005). Mr. Persaud began his presentation by stating that L.I.S.D. was platting the property for the purpose of establishing a parking facility for the school. There is an existing single family neighborhood on the north side of the tract and the school district is proposing a 25' building line to provide a buffer to the housing. The facility will be used for bus parking and have portable office space in the northeast corner of the tract. Staff recommends approval of the plat subject to the stipulation that engineering plans are to be approved in accordance with City specifications. Drue Mosley of L.I.S.D., PO Box 217, Lewisville, TX 75067 and Todd Estes of G&A Consultants, Inc., P.O. Box 1398, Lewisville, TX 75067 were present to answer any questions. The commission expressed concerns about a bus parking lot situated next to a single family neighborhood, and Mr. Persaud pointed out these concerns will be addressed on the site plan. Mr. Mosley pointed out the site will not be used for maintenance purposes. Mr. Saldaha stated that drainage for the site will need to be worked out with the adjacent church. Motion to approve a final plat of Lot 1, Block A, Colony High School Addition, Commissioner Broom; Second, Commissioner Todd. Motion carried, 7-0. At this point Commissioner Ike Obi left the meeting. 6.0 OTHER BUSINESS Mr. Persaud is in the process of getting legal advice from the City Attorney regarding the Stewart Peninsula Golf Course sign on F.M. 423. 11 Planning and Zoning Commission April 27, 1999 7.0 STAFF REPORTS Mr. Persaud passed out the new Planning Commissioner's Journal to each member. Mr. Persaud also obtained the signature of Chairman Agnew for the Goals and Objectives. Upcoming agenda items: Carwash 2000, L.I.S.D. Parking Facility, Replat for the Denton Area Teacher's Credit Union. The commission scheduled a work session for 6:30 p.m. on May 11, 1999, with the regular session to follow at 7:30 p.m. Mr. Persaud announced that reservations for the Southwest Legal Foundation meeting must be made by May 17. With no further business, the meeting was adjourned at 8:43 p.m. oseph Agnew, Chairperson R Planning and Zoning Commission May 11, 1999 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON MAY 11, 1999 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. on the 11'' day of May 1999, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard, Vice Chair Sondra Calhoun Wilson Martin Brian Broom Ike Obi Calvin Todd was absent Staff. Harry Persaud, Director of Planning Michael Hampton, Planning Technician Abel Saldana, 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 or correction of Planning and Zoning Commission minutes for the meeting held on April 27, 1999. Motion to table the minutes for the meeting held on April 27, 1999, due to exclusion of minutes from staff reports, Commissioner Agnew. 3.0 CITIZEN INPUT None. 4.0 PUBLIC HEARING 4.1 A request for approval of a replat of Lot 2R, Block A, Ridgepointe Professional Office Park Addition, being a 1.290 acre tract located in the T. Wilson Survey, Abstract N0. 1352, located in the City of The Colony, Denton County, Texas. (99-RP005) Charman Agnew opened the public hearing at 7:33 p.m. 1 Planning and Zoning Commission May 11, 1999 Mr. Persaud began his presentation by stating that the site is being replated for development of a Denton Area Teacher's Credit Union. Mr. Persaud also stated that there would be a mutual access easement with the existing dental offices on the corner of FM 423 and Cougar Alley. Additionally, a 65' Right -Of -Way dedication from the centerline has been secured. Staff is recommending approval of the replat subject to the stipulation that engineering plans are to be approved in accordance with City specifications. David Surdukan of Surdukan Surveying, Inc. 5120 North Colony Blvd., The Colony, Texas 75056, was present to answer any questions. Chairman Agnew closed the public hearing at 7:40 p.m. Motion to approve 99-RP005, a replat of Lot 2R, Block A, Ridgepointe Professional Office Park Addition, subject to Staff stipulations, Commissioner Obi; Second, Commissioner Calhoun. Motion carried, 6-0. 5.0 ITEMS FOR CONSIDERATION 5.1 A request for approval of a site plan for Carwash 2000, located on Lot 3R-2, Block 1, Wal-Mart Addition, being a 0.285 acre tract located in the H. Hedgecoxe Survey, Abstract N0. 533, located in the City of The Colony, Denton County, Texas (99-SP007). Mr. Persaud began his presentation by stating that no additional curb cuts will be made for the carwash as there is a shared access with the existing gas station and a proposed Chick-fil-a. A sidewalk will tie into the existing sidewalk in the FM 423 Right -Of -Way. Water and sewer lines are already intact in the Right -Of -Way as well. The carwash will be unattended, but a parking area will be provided for occasional maintenance purposes. The developer is seeking a variance in the landscape ordinance due to the mutual access easement using much of the street yard. One tree will be provided instead of three, but shrubbery and berming will comply with ordinance. All other landscaping requirements have been met and signage will adhere to city standards. Fire protection requirements have been met. The site will comply with the SH 121 guidelines in terms of external lighting and building materials. Staff recommends approval of the site plan for Carwash 2000 subject to the stipulation that engineering plans are to be approved in accordance with City specifications. Taylor Boyd of Carwash 2000, 14860 Montfort, Suite 241, Dallas, TX 75240, was present to answer any questions. . Discussion followed about landscaping and drainage for the site, especially between the Carwash 2000 and Chick-fil-a uses. Mr. Boyd pointed out that the same engineering firm, Bury & Pittman, Inc., is being utilized by both developments to coordinate the 2 Planning and Zoning Commission May 11, 1999 drainage system. Mr. Saldana stated that the illustrated drainage plan appeared to be sufficient. Motion to approve a site plan for Carwash 2000, located on Lot 311-2, Wal-Mart Addition, Commissioner Hubbard; Second, Commissioner Martin. Motion carried, 6-0. 6.0 OTHER BUSINESS The commission continued with items not reached during the work session held prior to the regular session, including meeting attendance, conflict of interest issues, and organization of the City Staff. Commissioner Broom announced that Monday, May 17, 1999, would be the last day to sign up for the Southwest Legal Foundation course. 7.0 STAFF REPORTS Upcoming agenda items: A site plan for The Colony High School Parking Addition, a Specific Use Permit and Preliminary and Final Plat for the Colony Church of Christ expansion, and a Specific Use Permit for RV and Boat Storage at Securlock Mini - Storage. With no further business, the meeting adjourned at 8:29 p.m. ATTEST: 1chaei Hamtbi , Recording Secretary M seph Agnew, Chairperson Planning and Zoning Commission May 25, 1999 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON MAY 25, 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 25th day of May 1999, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard, Vice Chair Wilson Martin Calvin Todd Sondra Calhoun, Brian Broom, and Ike Obi were absent Staff: Harry Persaud, Director of Planning Michael Hampton, Planning Technician Abel Saldana, City Engineer With four (4) members present, a quorum was established and the following items were addressed: 2.0 DISPOSITION OF MINUTES: 2.1 Approval or correction of Planning and Zoning Commission minutes for the meeting held on April 27, 1999. 2.2 Approval or correction of Planning and Zoning Commission minutes for the meeting held on May 11, 1999. Motion to approve the minutes for the meetings held on April 27, 1999, and May 11, 1999, Commissioner Hubbard; Second, Commissioner Martin. Motion carried 4-0, with Commissioner Todd abstaining from the May 11th vote. 3.0 CITIZEN INPUT None. 4.0 PUBLIC HEARING 4.1 A request for approval of an amendment to existing Specific Use Permit to allow for RV Storage within the General Retail "GR" zoning district classification, on a tract of 6.4732 acres, located at the northeast corner of FM 423 and Cougar Alley, in the T. Wilson Survey, Abstract No. 1352 in the City of The Colony, Denton County, Texas. (99-SUP002) 1 Planning and Zoning Commission May 25, 1999 Chairman Agnew opened the public hearing at 7:08 p.m. Mr. Persaud began his presentation by stating that the Commission had recently approved an SUP for expansion of the subject site. Within that SUP, boat parking and storage had been permitted. However, the applicant wants to add RV parking and storage to the site plan. All other elements of the site plan remain unchanged. The zoning ordinance allows open storage provided it is screened from the view of a public right-of-way, and in this case the storage area will be screened. Staff is recommending approval of the Specific Use Permit subject to the stipulation that engineering plans are to be approved in accordance with City specifications. Steven Houghton of Securlock Self Storage, 8432 Sterling St., Suite 203, Irving, Texas 75063, was present to answer any questions. Mr. Houghton pointed out that there is only room for the smaller RVs in the parking and storage areas provided. Also, an 8' foot brick wall will be built to provide additional screening of the storage area. Chairman Agnew closed the public hearing at 7:16 p.m. Motion to approve 99-SUP002, a site plan and SUP for Securlock Self Storage, subject to Staff stipulations, Commissioner Todd; Second, Commissioner Martin. Motion carried, 4-0. 4.2 A request for approval of a Specific Use Permit to allow for a church use in the Single Family "SF" zoning of Lot 1, Block 1, Colony Church of Christ Addition, being a 3.815 acre tract located in the B.B.B. & C. R.R. Survey, Abstract N0. 172, located in the City of The Colony, Denton County, Texas. (99-SUP001) Chairman Agnew opened the public hearing at 7:17p.m. Mr. Persaud began his presentation by stating that the church was existing before the city's original zoning ordinance and is currently a non -conforming use within the Single Family "SF" zoning classification. With the proposed expansion, the church has applied for an SUP to legally become a conforming use. The site plan illustrates that 7,800 square feet will be added to the existing 13,000 square feet. Since the structure is already existing, staff is not requiring that all specifications and retrofitting be met. There are two driveways already serving the site, one from Gates Drive and one from Paige Road. Parking requirements have been met. Staff is requiring a fire hydrant to be 2 Planning and Zoning Commission May 25, 1999 installed at the entrance of the building. Also, the city is requiring a five-foot sidewalk to be constructed along Gates Drive. The church is providing landscaping along Gates Drive and within the site. Mr. Persaud stated that five (5) favorable responses had been received from the 48 property owner notifications that were sent out. Staff is recommending approval of the SUP subject to the stipulation that engineering plans are to be submitted in accordance with City specifications. Jeffry Hone, architect, of 3310 S. Broadway, Tyler, TX 75703, was present to answer any questions. Chairman Agnew closed the public hearing at 7:24 p.m. Motion to approve 99-SUP001, a site plan and SUP for The Colony Church of Christ, subject to Staff stipulations, Commissioner Todd; Second, Commissioner Hubbard. Motion carried, 4-0. 5.0 ITEMS FOR CONSIDERATION 5.1 A request for approval of a preliminary and final plat of Lot 1, Block 1, Colony Church of Christ Addition, being a 3.801 acre tract located in the B.B.B. & C. R.R. Survey, Abstract N0. 172, located in the City of The Colony, Denton County, Texas. (99-PP003, 99-FP006) Mr. Persaud began his presentation by pointing out that staff requested this tract be formally platted for the development of the church expansion. There are existing water and sanitary sewer lines already serving the development. A sidewalk will be required along Gates Drive. The City is requiring a creek restudy for the existing creek on the southern border of the site. The restudy will hopefully lead to a reconfiguration and narrowing of the current flood plain. Approval of the plat is contingent upon this restudy. Staff recommends approval of the preliminary and final plat subject to the following stipulations: 1. Engineering plans are to be submitted in accordance with City specifications. 2. Creek restudy to be approved by City Engineer and FEMA prior to the issue of Certificate of Occupancy. Commissioner Agnew questioned whether approval of the plat can be legally tied to the Certificate of Occupancy. Mr. Persaud pointed out that the stipulation is designed to allow the church to start construction during the time that the creek restudy is being approved. Mr. Saldaiia stated that the restudy had recently been submitted to him for ka Planning and Zoning Commission May 25, 1999 review. After Mr. Saldana signs off on it, the study will be sent to FEMA and it usually takes 3 to 6 months for them to review it and give it final approval. Motion to approve the preliminary and final plat of Lot 1, Block 1, Colony Church of Christ Addition, subject to Staff stipulations, Commissioner Hubbard; Second, Commissioner Todd. Motion carried, 4-0. 6.0 OTHER BUSINESS 7.0 STAFF REPORTS Upcoming agenda items: Replat of lots 30-31, Block 6, Garza Little Elm Lake Estates; Legends Development Plan; Preliminary Plat for NW corner of Morning Star and SH 121; a site plan and SUP for liquor store at NW corner of Morning Star and SH 121; a site plan and SUP for liquor store at NE corner of Standridge and SH 121; and a site plan for an office/warehouse development at E Lake Highlands and FM 423. Commissioners Hubbard and Agnew discussed the possibility of encouraging deed restrictions to limit the number of liquor stores that come into the city. Mr. Persaud stated that the ordinance regarding access policy along SH 121 and FM 423 is scheduled for the June 7`h City Council meeting. With no further business, the meeting adjourned at 7:41 p.m. ATTE T: ichael Hampton, Recording Secretary El 'C1 seph Agnew, Chairperson Planning and Zoning Commission June 8, 1999 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON JUNE 8, 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 8`h day of June 1999, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard, Vice Chair Wilson Martin Sondra Calhoun Brian Broom Ike Obi Calvin Todd was absent. Staff: Harry Persaud, Director of Planning Michael Hampton, Planning Technician Abel Saldaiia, 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 or correction of Planning and Zoning Commission minutes for the meeting held on May 25, 1999. Motion to approve the minutes for the meeting held on May 25, 1999, Commissioner Hubbard; Second, Commissioner Broom. Motion carried 5-0, with Commissioner Calhoun abstaining. 3.0 CITIZEN INPUT Morris Seay of 5333 Hendrix, The Colony, TX, 75056, addressed the commission about how the city is developing. He wanted the city and commission to strive for more local authority and control over the development process. Overall, he felt that the city could be doing a much better job. 4.0 PUBLIC HEARING Since the applicant for Item 4.1 was not present, the Commission decided to hear Item 4.2 first. Planning and Zoning Commission June 8, 1999 4.2 A request for approval of a Specific Use Permit to allow for a beverage store in the Business Park "BP" zoning district at the NE corner of Standridge Drive and SH 121, being a 2.50 acre tract located in the A. Singleton Survey, Abstract N0. 1138, located in the City of The Colony, Denton County, Texas. (99-SUP004) Chairman Agnew opened the public hearing at 7:05p.m. Mr. Persaud began his presentation by stating that the property was located in the `wet area' of the city. According to the city's comprehensive zoning ordinance, a Specific Use Permit is required in all zoning districts for a beverage store. The applicant is also seeking approval for a convenience store and gas station, two uses which are allowed within the Business Park zoning district classification. The staff is currently reviewing the plans for the development. A number of details were incomplete at the time of the commission meeting. A preliminary and final plat are also under review. Staff is recommending that the item be tabled for the next meeting, allowing time for a complete analysis and report. John Hill, City Attorney, was present to discuss recent cases dealing with the City denying requests for a Specific Use Permit for beverage stores. Both cases were settled, but judgments existed behind those settlements that pointed to the fact that cities are preempted by state law in the regulation of alcoholic beverage stores. A detailed transcription of John Hill's discussion is attached. Terry Sullivan of Hodges & Associates, 1615 Barclay, Carrollton, TX, 75007, was present to summarize some of the highlights of the project and answer any questions. He pointed out that the building materials and landscaping will be in full accordance with City specifications. Further, the site is adequately lit and parking meets requirements. Don Blackwood of 3313 Plano Parkway, The Colony, TX 75056, was present to speak in favor of the proposed beverage store. He stated that he owned the entire five acre tract at Standridge Dr and SH 121. He informed that he had sold the southern 2.5 acres to the applicants for the beverage store and that the northern 2.5 acres were still undecided as to how they were to be developed. He pointed out that a mutual access easement is provided on the property. He also pointed out that the property was deed restricted along with the Centex property that extends all the way to the Wal-Mart development. He believed that with the deed restriction, the proposed beverage store would essentially prevent any further beverage stores from locating between Standridge Dr and the existing Arctic store at Main St/121. Twenty-two people addressed the commission in opposition to the SUP for the proposed beverage store. The predominant sentiment among the public was that enough liquor stores already existed in the City of The Colony. They felt that additional liquor stores could lead to safety concerns and degradation of the city's image. Many proposed that other land uses such as a youth center or more retail shopping are much more pertinent at this time. 2 Planning and Zoning Commission June 8, 1999 Chairman Agnew closed the public hearing at 8:30 p.m. Motion to table 99-SUP004, a site plan and SUP for a beverage store in the Business Park "BP" zoning district at the NE corner of Standridge Drive and SH 121, Commissioner Broom; Second, Commissioner Obi. Motion carried, 6-0. 4.1 A request for approval of a replat of Lots 30-31, Block 6, Garza Little Elm Lake Estates, being a 0.283 acre tract located in the G. Emerlin Survey, Abstract No. 394, located in the City of The Colony, Denton County, Texas. (99-RP006) Chairman Agnew opened the public hearing at 8:30p.m. Mr. Persaud began his presentation by stating that the applicant was requested to create one large lot out of two existing lots. In order to close on the sale of the property, the applicant had to go through the process of replatting the lots and notifying property owners in the area. The application meets all requirements and Staff is recommending approval of the replat of Lots 30-31, Block 6, of the Garza Little Elm Lake Estates. Bruce Umstead of Re/Max, 500 S. Denton Tap, Coppell, TX, 75019, was present to answer any questions. Commissioner Broom questioned whether there were existing structures on the lot. Mr. Umstead pointed out that an existing home rests on the property line and that no new structures are to be constructed on the site. Chairman Agnew closed the public hearing at 8:33 p.m. Motion to approve 99-RP006, a replat for Lots 30-31, Block 6 of Garza Little Elm Lake Estates, Commissioner Calhoun; Second, Commissioner Martin. Motion carried, 6-0. 4.3 A request for approval of a Specific Use Permit to allow for a beverage store in the Planned Development District "PD -9" zoned for Business Park uses, at the NW corner of Morning Star and SH 121, being a 1.58 acre tract located in the B.B.B. & C.R.R. Company Survey, Abstract N0. 174, located in the City of The Colony, Denton County, Texas. (99-SUP003) Chairman Agnew opened the public hearing at 8:33p.m. Mr. Persaud began his presentation by stating that the proposed site consists of a gas station, convenience store, beverage store, restaurant, and car wash. The SUP is for the beverage store. A preliminary plat is also under review for the subject site. A number of Planning and Zoning Commission June 8, 1999 items were incomplete at the time of the meeting. Many requirements have not been met in terms of parking and landscaping. Staff is currently working with the applicant to enable them to finish a proposal. Mr. Persaud continued by stating that the site is located within Tract H of Planned Development "PD -9" and is designated for Business Park `BP" uses. He also stated a development plan must be submitted for the entire planned development before this individual site plan can be approved. Within Tract H, 25% or 50 acres can be used for General Retail "GR" purposes. All of the proposed uses are permitted within the GR classification, although a SUP must be granted for the beverage store. Staff is recommending that the SUP and site plan be tabled until all necessary information is submitted. Jerry Glenn of 2240 E. Lucas Rd, Allen, TX, was present to answer any questions. Commissioner Agnew proposed that the public hearing remain open if the item were to be tabled. Mr. Glenn responded that he had no problem with that. He stated that he was waiting on some information and that he had no exact timetable as to when he could have the proposal ready, but was aiming for the July 13h meeting. Chairman Agnew closed the public hearing at 8:44 p.m. Motion to table 99-SUP003, a site plan and SUP for a beverage store in the Planned Development District "PD -9" zoned for Business Park uses at the NW corner of Morning Star and SH 121, Commissioner Martin; Second, Commissioner Calhoun. Motion carried, 6-0. 5.0 ITEMS FOR CONSIDERATION 5.1 A request for approval of a preliminary plat for the NW corner of Morning Star and SH 121, being a 1.58 acre tract located in the B.B.B. & C.R.R. Company Survey, Abstract N0. 174, located in the City of The Colony, Denton County, Texas (99-PP004). Mr. Persaud stated that the applicant was still working on the plat and will be resubmitting at a later date. Mr. Persaud pointed out that the applicant had signed the waiver on his preliminary plat application allowing the approval process to extend beyond thirty days. Jerry Glenn of 2240 E. Lucas Rd, Allen, TX, was present to answer any questions. Motion to table the preliminary plat for the NW corner of Morning Star and SH 121, Commissioner Hubbard; Second, Commissioner Broom. Motion carried, 6-0. 6.0 OTHER BUSINESS 4 Planning and Zoning Commission June 8, 1999 Commissioner Hubbard proposed whether a workshop could be organized with City Council and developers dealing with some type of development plan for the SH 121 corridor. Commissioner Agnew and Mr. Persaud agreed that it could be a very good idea to get a concerted effort underway as soon as possible to create a vision for the SH 121 corridor. 7.0 STAFF REPORTS Upcoming agenda items: Final Plat of Legend Crest Phase III; Legends Development Plan and PD -9 Concept Plan Amendment; resubmittal for the site plan and SUP for liquor store at NE corner of Standridge and SH 121; and a zoning change request to allow for a Racetrac gas station. Mr. Persaud informed the commission that the Access Policy had been presented to the City Council and that it was currently under consideration. With no further business, the meeting adjourned at 9:08 p.m. A T. 'chael ampto , Recording Secretary 5 Dosephgnew, Chairperson Transcription of City Attorney John Hill's comments at the Planning and Zoning Commission meeting held on June 8, 1999. John Hill: Mr. Chairman and members of the Commission, each of you know the SUP process in respect to regulating the location of alcoholic beverages, and it has been challenged on two occasions in the last two or three years. The settlement of two lawsuits occurred sometime during the summer of 1998. Those cases were initiated, I believe, in January of 1997, and over a year and half process, they were finally settled. In those cases, City Council denied the requests for a Specific Use Permit for a beverage store. On two occasions, the City did appear as the defendant in a lawsuit. As I mentioned, the cases were both settled, and the settlement of those cases left intact your ordinances which allow the City to regulate the location of beverage stores through the SUP process. However, behind those settlements were two judgements, one from a Federal District judge and one from a State District judge. In each instance, both courts held that, based on the facts in place at that time, the City of The Colony was preempted from regulating the location of beverage stores with respect to those two properties. Of course, both judgments had been vacated as a result of the settlement, but I want you to be aware that behind those settlements were two judgments that were in place and that the courts, through their powers, rescinded those orders. But, it does give the City some indication as to what might happen at least at the trial court level. The courts ruled that the City's ordinances were preempted by Section 109.57 of the Alcoholic Beverage Code. Under Subsection C of that code, all ordinances adopted after June 11, 1987 are preempted by state law. Ordinances adopted, which are otherwise valid, as the statute reads, are supposed to be valid under state law. It is the City's position under the lawsuit that the City had enacted ordinances prior to June 11, 1987. However, the courts held otherwise. They held that in spite of the fact that the City took the position that it had enacted those ordinances prior to that date. Nevertheless, the courts in both instances ruled that the City did not have the authority to regulate the location of beverage stores and held that the City's ordinances were preempted. You of course had at that time a resolution in place that had been adopted by the City Council that has now been rescinded by the Council in respect the number of beverage stores alorig SH 121. Even that aside, the courts did not totally rely on that resolution in rendering their decision. In fact, both judgments from the courts have paragraphs in them that find the City's ordinances are preempted by state law, regardless of whether or not the resolution was in place. Since last summer, there have been no reported cases upholding the City's authorities with respect to Section 109.57 of the Alcoholic Beverage Code. No city in Texas can come along and enact a new ordinance to regulate the location of alcoholic beverage sales within the city. The Alcoholic Beverage Code does give cities certain restricted authority on regulating the sale of beer, wine, and liquor. But again, that authority is restricted. While the circumstances have somewhat changed — you do have at least one additional rtl beverage store and another 1 know a SUP was approved and you do have a repeal of the resolution that was in place — nevertheless, those judgments were there and I believe there is significant indication by the courts, at least the district courts, both on the federal and state level, as to what the outcome might be again if the City were to go down that path. If I can answer or respond to any questions, I'd be more than happy to. Commissioner Hubbard: Right now, my understanding is that our restricted authority is that these stores cannot be any closer than one thousand feet. Is that the one governing premise that we have? Hill: That is in the regulations. I haven't looked entirely to see when that regulation was enacted by the City, that would be an issue. But nevertheless, that is part of the regulation and I think that is how the staff is viewing it - that it is an enforceable regulation. Hubbard: One of the factors that regulate how many can be placed along a given roadway would be the 1000 feet limit. There would be no other restrictions right now? Hill: With respect to permitting or allowing the use, that's right. You do have certainly setback regulations, size regulations, height regulations, all those other regulations that you have in a zoning case anyway. Landscaping ordinances and so forth. You still have all those in place. Commissioner Broom: Expanding on Commissioner Hubbard's, the 1000 feet distance between lot lines could be overturned by the TABC 1987? Commissioner Agnew: Is that not part of the state statute also? Hill: Yes sir, there are distance standards in the statute. Those distances are from churches, schools, and daycare centers. But the question with respect to the 1000 feet, we have not discussed that with the City at this point. But that is part of the regulation currently. Harry Persaud: Staff has been using the 1000 feet regulation and John I think it is in the state law as well. I've never heard it being questioned. We are using that. The other point we ought to consider is the market factor in all of this. With the proposed liquor store, we probably are going to have liquor stores at the major intersections and then the next question is, `where is another good location?' And the answer is, well, it's a market thing: `How many can we have?' What is the saturation of beverage stores in our city? And it seems to me, from a logical standpoint, that we are probably there in terms of saturation. Agnew: Can we consider the numbers of a type of business in making a decision? Hill: To the extent that the zoning ordinance allows to grant or refuse a SUP, yes. But here you have the intervention of state law and the legislature, and if the legislature were to come along and say that gas stations are protected, you can't enact a regulation to prohibit the location of gas stations. Then you would be prohibited from restricting the location of a gas station. If you've got four corners and gas stations exist on three corners, and a fourth applicant is asking for a gas station, can you consider whether adding a fourth gas station is a valid use of that land, and I think the answer is yes. However, with respect to beverage stores, where the city is preempted by state regulations, that is another question. Persaud: Of course the other control we have is the deed restriction. For example, Wal- Mart did place a deed restriction on their property so that it should not be sold or used for a beverage store. I think the other option we have is to work closely with property owners, especially those along the north side of SH 121, west of Paige Road, that those areas could affect such controls. With no other comments, Commissioner Agnew thanked Mr. Hill and moved into the public hearing. N Planning and Zoning Commission June 22, 1999 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON JUNE 22, 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 22nd day of June 1999, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard, Vice Chair Wilson Martin Sondra Calhoun Brian Broom Ike Obi Calvin Todd Staff: Harry Persaud, Director of Planning Michael Hampton, Planning Technician Abel Saldana, City Engineer With seven (7) members present, a quorum was established and the following items were addressed: 2.0 DISPOSITION OF MINUTES: 2.1 Approval or correction of Planning and Zoning Commission minutes for the meeting held on June 8, 1999. Motion to approve the minutes for the meeting held on June 8, 1999, Commissioner Obi; Second, Commissioner Hubbard. Motion carried 5-0, with Commissioner Todd abstaining. Commissioner Calhoun arrived after approval of the minutes. 3.0 CITIZEN INPUT None 4.0 PUBLIC HEARING 4.1 A request for approval of an amended concept plan for Planned Development 11PD-9" with regard to a tract of 271.213 acres situated in the B.B. B. & C. R. R. Co. Abstract Nos. 173 and 174; the R. P. Hardin Survey Abstract No. 611 and the William Bridges Survey Abstract No. 112, located east of the Paige Road, north of SH 121, west of the Railroad and south of the proposed Memorial Drive, in the City of The Colony, Denton County, Texas. (99-Z002) Planning and Zoning Commission June 22, 1999 Chairman Agnew opened the public hearing at 7:02 p.m. Mr. Persaud began his presentation by breaking down the current zoning of the 271.213 acre tract and discussing the proposed changes to that zoning. The proposed changes are as follows: 1. The multi -family, with a gross area of 34.5 acres, is moved away from the railroad tracks to the SW corner of Morningstar Drive and Memorial Drive. 2. An light industrial component is added to the Business Park `BP" tract west of and abutting the railroad to provide flexibility and take advantage of future economic development opportunities. Within each tract of Business Park `BP" zoning district classification, a percentage of General Retail "GR" land uses will be allowed. The proposed multi -family zoning has less density (19.1 units/acre as opposed to 21 units/acre) and the acreage has increased slightly, with 660 units of multi -family being allowed with the proposed amendment. The developer has already dedicated parkland for 600 units of multi -family. (i.e., Memorial Park site at Paige Rd and Memorial Drive) At the time of platting for the multi -family, the developer will dedicate parkland for the remaining 60 units or pay money in lieu of dedication. The developer would like to have the flexibility of using the multi -family tract for a retirement community, given they obtain a SUP as required in the comprehensive zoning ordinance. Mr. Persaud also stated that staff would like to incorporate the SH 121 guidelines into the amended Planned Development. The proposed floor area ratio within the Planned Development has been found to be reasonable. Bill Sheveland of Paige/121 Partnership, Ltd, 2050 N. Plano Rd, Suite 100, Richardson, TX 75082 and Roy Wilshire of Kimley-Horn and Associates, Inc., Suite 1800, 12700 Park Central Drive, Dallas, TX 75251, were present to answer any questions. Gene Ramsey, Economic Development Director for the City of The Colony, was present to speak in favor of the proposed zoning change. Mr. Ramsey was excited by the marketability and demand for business park and industrial zoned land that has railroad siding. Furthermore, opportunities would exist for more jobs and an expanded tax base for the City. Mr. Sheveland elaborated that moving the multi -family from its current position along the railroad tracks could enable the development of a better, first-class facility. He further stated that having the flexibility for senior living or a retirement community could fill an important need for the City in the future. Staff is recommending approval of the amendment based on the stipulations pointed out by the PD concept plan and zoning exhibit. N Planning and Zoning Commission June 22, 1999 Commissioner Hubbard wanted clarification on what "required off street parking" would entail. Mr. Wilshire pointed out that, at some point, more parking than what is required by the City may be necessary for a particular use. In that case, a piece of land could be utilized to provide additional parking for that use and/or other uses in that proximity. Mr. Persaud further pointed out that these parking facilities would have to comply with all City standards. Commissioner Todd wanted to discuss safety issues with land uses that would abut and utilize the railroad. Mr. Persaud pointed out that those concerns would have to be worked out with the railroad at the time of site planning. Chairman Agnew closed the public hearing at 7:27 p.m. Motion to approve 99-Z002, an amended concept plan for Planned Development 11PD-9" situated east of Paige Road, west of the railroad, north of SH 121 and south of Memorial Drive, Commissioner Todd; Second, Commissioner Calhoun. Motion carried, 7-0. 5.0 ITEMS FOR CONSIDERATION 5.1 A request for approval of a Development Plan for a tract of 271.213 acres situated in the B. B. B. & C. R. R. Co. Abstract Nos. 173 and 174; the R. P. Hardin Survey Abstract No. 611 and the William Bridges Survey Abstract No. 112, located east of the Paige Road, north of SH 121, west of the Railroad and south of the proposed Memorial Drive, in the City of The Colony, Denton County, Texas. (99-M004) Mr. Persaud began his presentation by stating that this was the development plan for the same 271.213 acre tract under consideration for a Planned Development "PD -9" amendment. The development plan is the stage at which the entire area is tied together to provide some sort of idea of the circulation, drainage and land uses within the area. Mr. Persaud highlighted some of the major ideas of the development plan. A new collector street is proposed between the future extension of South Colony Blvd and Paige Road that would connect Memorial Drive and SH 121. There are some Control of Access areas along SH 121 that affect the development. The City of The Colony is still working with the City of Frisco with regard to the extension of Memorial Drive into the City of Frisco. An agreement has been reached with the developer, however, that at the time of platting, additional Right -Of -Way will be dedicated for the extension of Memorial Drive over (or under) the railroad. Commissioner Agnew questioned whether the proposed collector street was part of the city's Thoroughfare Plan. Mr. Saldana pointed out that the Thoroughfare Plan did not show the proposed collector street, but it appears that the 60' of Right -Of -Way for a collector street would be adequate to handle the traffic predicted for the area. ki Planning and Zoning Commission June 22, 1999 Mr. Persaud continued the presentation by discussing the water and wastewater services for the development plan. There is a 12" water line along Memorial Drive that becomes a 14" line between Morningstar Drive and South Colony Blvd. At that point, there is a 12" water line that connects to Paige Road along the north side of Memorial Dr. A 14" water line will run along Morningstar Dr and a 12" water line will exist along SH 121. These water lines, as shown on the development plan, illustrate the areas that the City will have to require easements. Mr. Saldaua was present to discuss the drainage layout for the development plan. A memo summarizing Mr. Saldaiia's findings, with copies of the drainage layout and FEMA FIRM map attached, was distributed to members of the Commission. Extensive discussion ensued about what options existed for drainage infrastructures; that is, box culverts as opposed to open channels. There were concerns about the maintenance of open channels and the costs of box culverts. To avoid any confusion in the future and to give the City flexibility in deciding on which type of drainage corridor would be appropriate for any given site plan, the commission decided to have the cross-section diagrams of the open channels removed from the drainage layout of the development plan. Commissioner Hubbard wanted clarification about who would pay for the drainage channel in the Memorial Park site and for the areas west of Paige Road that are not included in the development plan. Mr. Persaud pointed out the city would have to share the costs of the channel in the park site on a pro -rata basis that is still being worked out. As for the land across Paige Road, Mr. Sheveland stated that he owns the land west of Paige Road all the way to Blair Oaks Drive. The consistent ownership should make it easier to reach an agreement in implementing a cost-sharing program to fund the appropriate drainage channels. Furthermore, Mr. Sheveland stated that a drainage plan for the property west of Paige Road already exists. Commissioner Agnew acknowledged that the City has no master plan for wastewater runoff, which makes it difficult to look at drainage issues comprehensively. Commissioner Todd expressed concerns about the highly generalized nature of the development plan and asked when an updated Engineering Design Manual could be expected so that these issues could be tackled more specifically. Staff is recommending approval of the Development Plan subject to the following stipulations: 1. All streets and thoroughfares shown on the Access Plan shall be designed and constructed in accordance with approved City of the Colony standards. 2. The development of any tract of land within the Planned Development shall be required to obtain site plan approval before the issuance of a building permit. 3. All developments are subject to the approval of engineering plans in accordance with City of The Colony standards and specifications. 4. Utility easements as shown on the Development Plan may be required to be wider depending on the number of franchise utilities operating in that area. E Planning and Zoning Commission June 22, 1999 5. Developer shall design and construct drainage infrastructures and dedicate the appropriate easements in accordance with City of The Colony standards, requirements and applicable cost sharing agreements. 6. The location, design, and width of the collector street between South Colony Blvd and Paige Road shall be finalized at the time of platting. Motion to approve 99-M004, a Development Plan for a tract of 271.213 acres situated east of Paige Road, west of the railroad, north of SH 121 and south of Memorial Drive, Commissioner Obi; Second, Commissioner Todd. Motion carried, 6-1. 5.2 A request for approval of a preliminary plat of Lots 1-2, Block 1, Centex Addition, being a 5.0 acre tract located in the A. Singleton Survey, Abstract N0. 1138, located in the City of The Colony, Denton County, Texas. (99- PP005) Mr. Persaud began his presentation by stating that the city limits line with the City of Lewisville rests on the west Right -Of -Way line of Standridge Drive. All requirements for the preliminary plat have been met and staff is recommending approval of the plat as proposed. Edward Gipson of Centennial Liquor, Inc. was present to answer any questions. Motion to approve 99-PP005, a preliminary plat of Lots 1-2, Block 1, Centex Addition, Commissioner Hubbard; Second, Commissioner Calhoun. Motion carried, 4-2, with Commissioner Broom abstaining. 5.3 A request for approval of a final plat of Lot 1, Block 1, Centex Addition, being a 2.50 acre tract located in the A. Singleton Survey, Abstract N0. 1138, located in the City of The Colony, Denton County, Texas. (99-FP008) Mr. Persaud began the presentation by stating that the mutual access easements required for a site plan have been shown on the final plat. All utility easements have been illustrated. Staff has reviewed the final plat and is recommending approval subject to the stipulation that engineering plans are to be submitted in accordance with City specifications. Commissioner Broom expressed concerns about whether the property closed with the survey coordinates submitted in the legal description. Mr. Saldana stated that it should be the surveyor's responsibility to make certain that the property closes before the project is submitted for approval. Motion to approve 99-FP008, a final plat of Lot 1, Block 1, Centex Addition, Commissioner Hubbard; Second, Commissioner Martin. Motion carried, 4-3. 5 Planning and Zoning Commission June 22, 1999 5.4 A request for approval of a Specific Use Permit to allow for a beverage store in the Business Park "BP" zoning district located on Lot 1, Block 1 of the Centex Addition and situated at the NE corner of Standridge Drive and SH 121, being a 2.50 acre tract located in the A. Singleton Survey, Abstract N0. 1138, located in the City of The Colony, Denton County, Texas. (99-SUP004) Mr. Persaud began by reminding the commission that a public hearing for the item was held at the June 8, 1999 Planning and Zoning Commission meeting. The subject property was annexed into the City on March 20, 1978 via Ordinance No. 27. The area also falls into the `wet' boundaries as defined by the 1980 wet/dry election. Mr. Persaud continued by stating that shared access has been provided on SH 121 and Standridge Drive between the site and adjacent properties. There is 420' of corner clearance on Standridge Dr and 310' of corner clearance on SH 121, both amounts in excess of requirements. A deceleration lane will be provided on SH 121 that meets TXDOT requirements. Parking requirements have been met. Signage will be in accordance with City standards. All landscaping requirements have been met or exceeded on the site plan. External lighting is in compliance with SH 121 Guidelines. Dumpsters shall be screened from public view. There is an adequate amount of fire hydrants and the fire lane meets City specifications. One (1) property owner notification was mailed, and at the time of this report, no response had been received. Staff is recommending approval of the site plan and SUP subject to the following stipulations: 1. Engineering plans are to be approved in accordance with City specifications. 2. A deceleration lane along SH 121 is to be designed in accordance with City of The Colony and TXDOT requirements. Motion to approve 99-SUP004, a Specific Use Permit to allow for a beverage store in the Business Park "BP" zoning district located on Lot 1, Block 1 of the Centex Addition, Commissioner Hubbard; Second, Commissioner Martin. Motion carried, 4-3. 5.5 A request for approval of a site plan for Lot 1, Block A, L.I.S.D. Maintenance Parking Addition, being a 3.427 acre tract located in the T. Wilson Survey, Abstract N0. 1352, located in the City of The Colony, Denton County, Texas. (99-SP005) Mr. Persaud began his presentation by stating the site will be accessed through an existing parking lot for the Colony High School. Water service will be extended to the site from the school. The developers have an agreement with the adjacent Friendship Baptist Church to extend sewer service to the site. A fire hydrant is being installed that complies with city specifications. Landscaping requirements have been met. Cel Planning and Zoning Commission June 22, 1999 Staff is recommending approval of the site plan for L.I.S.D. Maintenance Parking Addition subject to the stipulation that engineering plans are to be submitted in accordance with City specifications. Drue Mosley of L.I.S.D. and Todd Estes of G & A Consultants, Inc. were present to answer any questions about the site plan. Commissioner Hubbard questioned whether bus parking was still under consideration for the site. Mr. Mosley stated that the school district determined it was not cost-effective to have bus parking and that the parking lot was basically just a place to park the school's mainetance vehicles. Motion to approve 99-SP005, a site plan for Lot 1, Block A, L.I.S.D. Maintenance Parking Addition, Commissioner Broom; Second, Commissioner Obi. Motion carried, 7-0. 5.6 A request for approval of a final plat for Legend Crest, Phase III, being a 23.682 acre tract located in the William A. Bridges Survey, Abstract N0. 112 and the B.B.B. & C.R.R. Survey, Abstract N0. 172, located in the City of The Colony, Denton County, Texas. (99-FP007) Mr. Persaud began by stating that staff had reviewed the final plat using the area regulations that had been approved within the Planned Development "PD -14." All of these requirements have been met. Ron Homeyer of Corwin Engineering, 200 W Belmont Dr, Suite E, Allen, TX 75013, was present to answer any questions. Commissioner Agnew questioned whether the lot inventory from the preliminary plat was the same for the final plat. Mr. Persaud stated that two additional lots were proposed on the final plat, but that all lot sizes were in compliance with the planned development. Commissioner Broom expressed concerns about water runoff from the subdivision. Mr. Saldana pointed out that the plat fell into an area that is part of an ongoing FEMA creek restudy. The approval of this study by the City Engineer and FEMA should lead to the narrowing and lowering of the flood plain within this area. Commissioner Hubbard questioned whether the Lone Star Gas Easement was to be improved for a hike/bike trail and who was to maintain the open spaces. Mr. Persaud stated that the homeowner's association will be responsible for maintaining the easement. He continued by stating that no agreement could be reached in the past as to whether or not the easement could be improved to accommodate a trail system for hiking, biking, or other forms of recreation. Staff is recommending approval of the final plat for Legend Crest Phase III subject to the following stipulations: 7 Planning and Zoning Commission June 22, 1999 1. Engineering plans are to be approved in accordance with City specifications. 2. Creek restudy to be approved by City Engineer and FEMA prior to the issuance of Certificate of Occupancy for all lots within the flood plain. Motion to approve 99-FP007, a final plat for Legend Crest, Phase III, Commissioner Calhoun; Second, Commissioner Broom. Motion carried, 7-0. 6.0 OTHER BUSINESS 7.0 STAFF REPORTS Mr. Persaud stated that the access policy went to City Council, with the new standards for corner clearance being reduced from 250' to 150' and the new standards for driveway separation being reduced from 300' to 200'. Upcoming agenda items: Legend Heights preliminary plat; zoning change request from Agricultural "A" to General Retail "GR" for the tract of land north of Angelina's. With no further business, the meeting adjourned at 9:41 p.m. ATTES A;, M chael Hampto Recording Secretary /--Jo eph Agnew, 4 Chairperson 8 Planning and Zoning Commission July 13, 1999 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON July 13, 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 13`h day of July 1999, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard, Vice Chair Calvin Todd Brian Broom Ike Obi Wilson Martin and Sondra Calhoun were absent. Staff. Harry Persaud, Director of Planning Michael Hampton, Planning Technician Abel Saldana, City Engineer Julie Garrison, Planning Intern With five (5) members present, a quorum was established and the following items were addressed: 2.0 DISPOSITION OF MINUTES: 2.1 Approval or correction of Planning and Zoning Commission minutes for the meeting held on June 22, 1999. Motion to approve the minutes for the meeting held on June 22, 1999, Commissioner Todd; Second, Commissioner Obi. Motion carried 5-0. 3.0 CITIZEN INPUT 4.0 PUBLIC HEARING 4.1 A request for approval of a change in zoning from Agriculture "A" to General Retail "GR" zoning district classification for a tract of 2.94 acres, situated in the B.B.B. and C.R.R. Survey, Abstract N0. 173, located in the City of The Colony, Denton County, Texas. (99-Z003) Chairman Agnew opened the public hearing at 7:05p.m. Mr. Hampton began his presentation by stating that the property was located near the intersection of South Colony and Main Street and it is the last tract of land zoned agricultural. The applicant is also seeking approval for a zoning change to General Retail "GR". They propose to build a convenience store and gas station. 1 Planning and Zoning Commission July 13, 1999 Mark Hickman, was present to answer any questions that the committee might have. Chairman Agnew closed the public hearing at 7:09 p.m. Motion to approve 99-ZO03 as presented by staff, Commissioner Obi; Second, Commissioner Todd. Motion carried, 5-0. 4.2 A request for approval for an extension of time limit for Specific Use Permit No. 71 for a proposed beverage store located on a 1.853 acre tract situated west of Paige Road on SH 121, located in the B.B.B. and C.R.R. Survey, Abstract No. 173, located in the City of The Colony, Denton County, Texas. (99-SUP005) Chairman Agnew opened the public hearing at 7:09p.m. Mr. Persaud began his presentation by stating that the original Specific Use Permit was granted out of a court settlement with three (3) liquor stores. Construction has not commenced. The staff position is that we have customarily granted an extension of time for Specific Use Permit. Staff recommends that extension of time should be granted. Gordon Wilson, architect planner for Goody Goody Liquor, was present to answer any questions. Joe Jansen of 9945 Claymore Dr. Dallas, Tx was present to answer any questions. Commissioner Broom asked why construction had not started on the building. Mr. Jansen said that Goody Goody construction did not start because they took advantage of other opportunities in the metroplex. Harry Persaud informed Goody Goody that if there are changes in the area a reworking of the site plan may be necessary if future extension of time is requested. The stipulation of approval would be based on engineering plan submittal in accordance with City of The Colony requirements. Commissioner Broom asked if this SUP would fall under the slip road community access requirements that was approved, and if the SUP expires, does that nullify the grandfather clause. The outcome of Harry Persaud's consultation with the City of The Colony's attorney on the matter was that there should be no major reworking just to satisfy a new ordinance. Commissioner Obi points out that the expiration date was last Tuesday, July 6t'. He went on to say that he did not want to put this Commission at risk by approving after July 6, 1999. 2 Planning and Zoning Commission July 13, 1999 Harry Persaud went on to say that the SUP automatically expires; however, Goody Goody Liquor applied for an extension of time on June 23, 1999. He went on to state that the critical issue was not whether the applicant is late in requesting an extension on the SUP rather the issue is whether their site plan is consistent with the Master Plan and City policies. Chairman Agnew stated that we approved the SUP once and it is not the first one we have extended which might have established precedence. The redesign of the site plan was a part of the negotiated settlement between the City and Mr. Jansen. As part as a good faith settlement between the City and applicant, we need to review this seriously because the word of the City is at stake. Chairman Agnew closed the public hearing at 7:40 p.m. Motion to deny 99-SUP005, the SUP extension for Goody Goody Liquor located west of Paige Road on SH 121, Commissioner Broom; Second, Commissioner Todd. Motion carried, 4-1. 4.3 Hold a public hearing and consider making a recommendation to the City Council with regard to amending the subdivision ordinance of the City, the same being Appendix B -Subdivision, of the City's Code of Ordinances, as amended, by delegating the responsibility for approving plats to the Planning and Zoning Commission. (99-M006) Chairman Agnew opened the public hearing at 7:40p.m. Mr. Persaud began his presentation by stating that the Council wanted development applications to go through the process expeditiously and not hold up developers. The proposed amendment would give the authority to P&Z to approve or disapprove plats. Mr. Persaud continued by stating plats will go to Council if there is an appeal by the applicant or there is a variance in the plat. Mr. Persaud informed the Commission that only Council can approve a plat with variance because it might involve the use of taxpayer money in the future. Chairman Agnew closed the public hearing at 7:49 p.m. Motion to approve 99-M006, amendment to the subdivision ordinance, Commissioner Todd; Second, Commissioner Hubbard. Motion carried, 5-0. 5.0 ITEMS FOR CONSIDERATION 5.1 A request for approval for temporary signage on Morningstar Drive for the Legends Development (99-M005). 3 Planning and Zoning Commission July 13, 1999 Mr. Persaud stated that the staff's position is that the intention of Legends is to use the signs to market single family homes in the Colony. He went on to state physical requirements of the signs. Carry Cobb of Plano, Tx was present to answer any questions. Chairman Agnew inquired what the median value of the home that goes on the tax roles. Mr. Cobb stated that the signs would be used for orientation purposes. The homes on average would go over two hundred thousand US dollars ($200,000). Motion to approve temporary signage on Morningstar Drive for the Legends Development, Commissioner Obi; Second, Commissioner Broom. Motion carried, 3-2. 6.0 OTHER BUSINESS none 7.0 STAFF REPORTS Upcoming agenda items: Mr. Persaud informed the commission that the Council tabled the PD -9 amendment and Legend's Development Plan. Council wants an ordinance that would require developers to use concrete for the parking lots. Staff is currently looking at developing standards and Commission will receive ordinance for their review in the future. Working on a gateway ordinance to incorporate the SH 121 guidelines. Mr. Persaud announced that Sandra Calhoun would be resigning from the Commission in August due to relocation. With no further business, the meeting adjourne t 8:25 p. oseph Agnew, Chairperson ATTEST: 1,1 1 - Julik Garrison, Recording Secretary El Planning and Zoning Commission July 27, 1999 (Corrected) MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON July 27, 1999 (Corrected) 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 27th day of July 1999, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard, Vice Chair Calvin Todd Brian Broom Ike Obi Wilson Martin Sondra Calhoun Staff. Harry Persaud, Director of Planning Michael Hampton, Planning Technician Abel Saldaiia, City Engineer Julie Garrison, Planning Intern With seven (7) members present, a quorum was established and the following items were addressed: 2.0 DISPOSITION OF MINUTES: 2.1 Approval or correction of Planning and Zoning Commission minutes for the meeting held on July 13, 1999. Motion to approve the minutes for the meeting held on July 13, 1999, Commissioner Broom; Second, Commissioner Todd. Motion carried 5-0, Commissioner Martin and Commissioner Calhoun abstaining. 3.0 CITIZEN INPUT 4.0 ITEMS FOR CONSIDERATION 4.1 A request for approval of a preliminary plat for Legend Heights, a 75.35 acre tract situated in the B.B.B. & C.R.R. Survey, Abstracts NO. 173 and 174, located in the City of The Colony, Denton County, Texas. (99-PP006) Chairman Agnew opened the public hearing at 7:05 p.m. Mr. Persaud began his presentation by stating that there are major issues regarding the drainage on this site. This plat is within a watershed area and would require cost participation for off-site improvements. Staff is recommending approval to the preliminary plat subject to the following stipulations: 1 Planning and Zoning Commission July 27, 1999 (Corrected) 1. Cheyenne Dr. and Durango Dr. will be widened at their connections to Worley Dr. to incorporate left turn lanes. 2. A 20' x 20' Visibility Access Maintenance Easement will be shown on the plat at the intersections of S. Colony Blvd./Memorial Dr., Worley Dr./Paige Rd. 3. Remove the alley entrance between lots eighteen (18) and nineteen (19), Block D. 4. The alley entrances for Block A will be reconfigured to minimize the number of alley entrances and to avoid longitudinal lineups with the cul-de-sacs east of Cheyenne Dr. 5. The developer will pay a proportionate share for off -sit drainage improvements. 6. The alley approaches at the cul-de-sac ends of Redwater Court and Waterwood Court shall be redesigned to accommodate turning movements. Ken Sloan, 1100 Turtle Creek Centre, Dallas, TX, and was present to answer any questions that the Commission might have. Ken Sloan states that the Uniformity of Requirements Law, Section 245.002 of the local government code is being violated. Approving the plat with stipulation five (5) leaves my client no other choice but to challenge it. By the City of The Colony accepting the dedicated parkland subject to the water easements, they accept the right of my client to drain onto the parkland. Furthermore, there is not a list of fees to show how much landowner participation in the watershed will be. Cary Cobb, 1401 Burnham Dr., Plano, TX, was present to answer any questions that the Commission might have. Cary Cobb's position is that water drainage charges and/or assessments be dropped. Responsibility of flow lies with the landowners down stream. The Drainage Plan, between JNC and The City of The Colony, benefits solely JNC. Ron Homeyer, 8131 LBJ Freeway, Suite 333, Dallas, TX, was present to answer any questions that the Commission might have. Abel Saldaila stated that the breakdown of cost assignment is not defined as of yet. It might become necessary that retention of water drainage be held on sight due to insufficient capacity downstream. Commissioner Calhoun states that stipulation five (5) is requiring developer to essentially write a blank check for participation in the watershed area. By JNC rechanneling the flow, Intermandeco should not have to incur the cost. They should pay for what they are impacting. Chairman Agnew stated that Intermandeco is not causing that creek to relocate. When their proportionate share is considered, their share should only be as it impacts the increase cost to put drainage across that intersection. 2 Planning and Zoning Commission July 27, 1999 (Corrected) Commissioner Todd states that everyone agrees that a proportionate amount should be shared. However, the formula needs to be worked out by the City Council. Chairman Agnew closed the public hearing at 9:20 p.m. Motion to approve 99-PP006 with staff stipulations one to six (1-6), Commissioner Calhoun; Second, Commissioner Todd. Motion failed, 3-4. Request 99-PP006 was revisited. The motion to approve 99-PP006 with staff stipulations one to six (1-6), Commissioner Todd; Second, Commissioner Calhoun. The motion carried 6-1. 4.2 A request for approval of a preliminary and final plat for Lot 1, Block A, Universal Metro Holdings, Inc./121, located on the NW corner of Morning Star Drive and SH 121, being a 1.58 acre tract situated in the B.B.B & C.R.R. Company Survey, Abstract NO. 174, located in the City of The Colony, Denton County, Texas (99-PP004 & 99-PPFP009). Chairman Agnew opened the public hearing at 9:20 p.m. Mr. Persaud stated that the preliminary and final plat should be approved with the following stipulations: 1. Engineering plans are to be approved in accordance with City specifications. 2. Separate instruments for mutual access easements are to be approved by the City Engineer and filed with the final plat. 3. The developer will pay a proportionate share for off-site drainage improvements. Jerry Glenn, 2240 East Lucas Rd., Allen, TX, was present to answer any questions. Mr. Glenn stated that he would not have any problems with participating in paying a proportionate share for off-site drainage improvements at this time. However, if there are legality issues involved then his attorney at that point would have to look at it. Chairman Agnew closed the public hearing at 10:15 p.m. Motion to approve preliminary and final plat with staff stipulations, Commissioner Todd; Second, Commissioner Broom. Motion carried, 6-0 with Commissioner Obi abstaining. 5.0 Public Hearing 5.1 A request for approval of a Specific Use Permit to allow for a beverage store in Planned Development District "PD -9" zoned for Business Park uses, at the NW corner of Morning Star and SH 121, being a 1.58 acre tract located in the B.B.B. & C.R.R. Company Survey, Abstract NO. 174, located in the City of The Colony, Denton County, Texas (99-SUP003). 3 Planning and Zoning Commission July 27, 1999 (Corrected) Chairman Agnew opened the public hearing at 10:15 p.m. Mr. Persaud recommended that the site plan be approved with the following stipulations: 1. Engineering plans are to be approved in accordance with City specifications. 2. Separate instruments for mutual access easements are to be approved by the City Engineer and filed with the final plat. 3. A deceleration lane is to be designed and constructed in accordance with City of The Colony and TXDOT standards. 4. All striping and traffic management controls to be installed on SH 121 must be approved by TXDOT. Jerry Glenn, 2240 East Lucas Rd., Allen, TX, was present to answer any questions. Chairman Agnew closed the public hearing at 10:34 p.m. Motion to approve Specific Use Permit to allow for a beverage store, Commissioner Hubbard; Second, Commissioner Martin. Motion carried, 4-3. 6.0 OTHER BUSINESS Accept Sondra Calhoun's resignation. 7.0 STAFF REPORTS Upcoming agenda items: Gateway Ordinance Parking Lot Standards Ordinance ATTEST: J ie Garrison, Recording Secretary 0 sep Agnew, Chairperson Planning and Zoning Commission September 14, 1999 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON September 14, 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 14th day of September 1999, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard, Vice Chair Wilson Martin William Jamme Cathy Wood Kirk Mikulec DeWayne Snider Staff: Harry Persaud, Director of Planning Michael Hampton, Planning Technician Abel Saldana, City Engineer With seven (7) members present, a quorum was established and the following items were addressed: 2.0 DISPOSITION OF MINUTES: 2.1 Approval or correction of Planning and Zoning Commission minutes for the meeting held on August 24, 1999. Motion to approve the minutes for the meetings held on August 24, 1999, Commissioner Hubbard; Second, Commissioner Martin. Motion carried 7-0. 3.0 CITIZEN INPUT Tim Patrick of 5061 Walker Drive, The Colony, TX 75056 was present to ask for the Planning and Zoning Commission's assistance in identifying properties within the City of The Colony that can be set aside for sexually oriented businesses. Also, Mr. Patrick requested the assistance of the Director of Planning, City Attorney and Planning and Zoning Commission in identifying the commercial landowners of these tracts within the City so that he could he get this information to people requesting deed restriction changes. 4.0 PUBLIC HEARING 4.1 Hold a public hearing and consider making a recommendation to the City Council with regard to an ordinance of the City of The Colony, Texas amending the comprehensive zoning ordinance of the City, the same being Planning and Zoning Commission September 14, 1999 Appendix A -Zoning, of the City's Code of Ordinances, as amended, by adding a new Section 10B and providing for a State Highway 121 Gateway Overlay District "GWY" zoning classification and providing for an effective date. (99- M010) Chairman Agnew opened the public hearing at 7:06 p.m. Mr. Persaud took the opportunity to welcome aboard the new Planning and Zoning Commissioners. Welcome! Mr. Persaud began his presentation by recalling the current SH 121 Guidelines, and stating that the City has been fortunate to have had an estimated 95% compliance with those guidelines. In order to change these guidelines into an ordinance, the City has initiated a zoning case and posted fifteen (15) signs within the SH 121 corridor in accordance with the comprehensive zoning ordinance and mailed over thirty (30) property owner notices in accordance with state law. The purpose of the ordinance is to make it mandatory for developers to comply with the elements of the SH 121 guidelines. Mr. Persaud continued by stating that with an overlay district, the existing zoning regulations remain intact and the new regulations are added on top. Commissioner Hubbard questioned how `practicality' could be determined when deciding whether or not utilities could be buried. Mr. Persaud stated that under certain circumstances with developing areas, that determination may have to be made by staff and/or the utility companies on a case by case basis, and those would be brought to the Commission at those times. Commissioner Jamme inquired about what constitutes masonry materials. Mr. Persaud stated masonry materials within the non-residential districts are defined to be anything besides wood and metal (including stucco, brick, split -base concrete blocks, etc). Commissioner Jamme also questioned whether Section l OB -800.A3 of the ordinance should read that "Trees shall be a minimum of three (3) inch caliper at time of planting." The Commission agreed that this would be a good correction. Chairman Agnew closed the public hearing at 7:22p.m. Motion to approve 99-MO10, an amendment to the comprehensive zoning ordinance to provide for a State Highway 121 Gateway Overlay District "GWY" zoning district classification, Commissioner Wood; Second, Commissioner Jamme. Motion carried, 7-0. 4.2 Hold a public hearing and consider making a recommendation to the City Council with regard to an ordinance of the City of The Colony, Texas amending the comprehensive zoning ordinance of the City, the same being Appendix A -Zoning, of the City's Code of Ordinances, as amended, by 2 Planning and Zoning Commission September 14, 1999 providing performance standards for industrial and planned development districts and providing for an effective date. (99-MO11) Chairman Agnew opened the public hearing at 7:22 p.m. Mr. Persaud began his presentation by stating that with lots of vacant land and the prospect of industrial development, some performance standards are necessary. The proposed ordinance provides standards and tools for regulating noise, smoke and particulate matter, odorous matter, fire or explosive hazardous material, toxic and noxious matter, vibration, and open storage. Mr. Persaud stated that these standards act as a filter to prevent any industry that doesn't meet the requirements from locating within the City of The Colony, and they are comparable to performance standards in other surrounding cities. Commissioner Jamme questioned whether the proposed standards were any more restrictive than state standards, and Mr. Persaud replied that to the best of his knowledge they were not. Chairman Agnew inquired if the ordinance would be applied to the entire city and whether they would be enforced on existing uses that do not meet the proposed standards. Mr. Persaud stated that any existing uses that do not meet the standards would be a nonconforming status, and they would not be required to conform unless at some point down the line that use or business would expand or redevelop. Chairman Agnew closed the public hearing at 7:35 p.m. Motion to approve 99-MO11, an amendment to the comprehensive zoning ordinance providing performance standards for industrial and planned development districts, Commissioner Martin; Second, Commissioner Jamme. Motion carried, 7-0. 4.3 Hold a public hearing and consider making a recommendation to the City Council with regard to an ordinance of the City of The Colony, Texas amending the comprehensive zoning ordinance of the City, the same being Appendix A -Zoning, of the City's Code of Ordinances, as amended, by providing for parking lot construction standards and providing for an effective date. (99-M012) Chairman Agnew opened the public hearing at 7:35 p.m. Mr. Persaud began by stating that in the past there have been issues regarding parking lot construction standards and that this ordinance is an effort to streamline the City's standards. Commissioner Snider asked if the ordinance included fire lane construction standards, and Mr. Saldana replied that staff would have to come back at another time with an ordinance for fire lane standards and that they were excluded from this ordinance. 3 Planning and Zoning Commission September 14, 1999 Commissioner Jamme wanted clarification that there would be no exceptions — City -owned parking areas, non-profit organizations, little league lots, etc — to these standards. Mr. Persaud confirmed that there are no exceptions and that the standard would not be retroactive. Chairman Agnew closed the public hearing at 7:44 p.m. Motion to approve 99-M012, an amendment to the comprehensive zoning ordinance providing for parking lot construction standards, Commissioner Jamme; Second, Commissioner Snider. Motion carried, 7-0. 5.0 ITEMS FOR CONSIDERATION 5.1 A request for approval of a final plat for Legend Crest, Phase VII, being a 24.957 acre tract located in the B.B.B. & C.R.R. Survey, Abstract N0. 172, located in the City of The Colony, Denton County, Texas. (99-FPO11) Mr. Persaud began his presentation by stating that the preliminary plat for Legend Crest Phase VII was approved on June 1, 1998. The final plat incorporates 103 Single Family lots. The overall density for the Legends development does not exceed 4.0 units per acre. The plat meets the area regulations included within the planned development ordinance. Development Review Committee recommends approval of the final plat for Legend Crest, Phase VII subject to the following stipulations. 1. Engineering plans are to be approved in accordance with City specifications. 2. Creek restudy to be approved by City Engineer and FEMA before building permits are issued for lots in the flood plain. Cary Cobb of Intermandeco, Inc. and Warren Corwin of Corwin Engineering were present to answer any questions. Commissioner Jamme pointed out that in the area regulations, Attachment #4 in the staff report, maximum lot coverage was written as fifty-five (55) percent but stated parenthetically as fifty (50) percent. An agreement to use the written word (55%) for maximum lot coverage was reached by the Commission and the developer. Motion to approve the final plat for Legend Crest Phase VII, subject to Staff stipulations, Commissioner Hubbard; Second, Commissioner Wood. Motion carried, 7-0. 5.2 A request for approval of a preliminary plat for Legend Crest, Phase IX, being a 17.94 acre tract located in the B.B.B. & C.R.R. Survey, Abstract N0. 174 and the William A. Bridges Survey, Abstract N0. 174, located in the City of The Colony, Denton County, Texas. (99-PP007) Mr. Persaud began by stating that the 17.9 acres in this tract was a park dedication site that has since been relocated. The tract meets the area regulations and density requirements of the planned development ordinance. M Planning and Zoning Commission September 14, 1999 Development Review Committee recommends approval of the preliminary plat for Legend Crest Phase IX subject to the following stipulations. 1. Correct spelling of Chesapeake Drive. 2. Developer will participate in drainage improvement costs in accordance with the Drainage Study and Master Drainage Plan for that area. Cary Cobb of Intermandeco, Inc. and Warren Corwin of Corwin Engineering were present to answer any questions. Commissioner Hubbard asked when a specific number for the drainage costs and a final plan would be approved. Mr. Persaud stated that refinements are being made and that the process is getting real close to being finalized. Motion to approve the preliminary plat for Legend Crest Phase IX, subject to Staff stipulations, Commissioner Snider; Second, Commissioner Martin. Motion carried, 7-0. 6.0 OTHER BUSINESS Commissioner Jamme questioned why SH 121 was singled out for the Gateway Overlay district, and why Main Street hadn't been considered. Mr. Persaud answered that the SH 121 Corridor already had a set of guidelines in place, so that was a factor. A general consensus was reached, however, that an overlay district could be beneficial for FM 423 as well. 7.0 STAFF REPORTS Mr. Persaud announced that the American Planning Association had given the City of The Colony an Certificate of Achievement in Planning Excellence. Upcoming agenda items: Site plan for Denton Area Teacher's Credit Union, SUP application for South Colony/Paige, and a retail strip center at Main St/Memorial Dr. Mr. Persaud announced training opportunities with the Southwestern Legal Foundation on October 20-22, 1999 and with NTCOG courses for Planning and Zoning Commission members. With no further business, the meeting adjourned 8: in. Joseph Agnew, Chairperson ATTEST: ichael Hamitow, Recording Secretary 5 Planning and Zoning Commission August 24, 1999 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON August 24, 1999 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:05 p.m. on the 24th day of August 1999, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard, Vice Chair Calvin Todd Brian Broom Wilson Martin Staff. Harry Persaud, Director of Planning Michael Hampton, Planning Technician Abel Saldaiia, City Engineer Julie Garrison, Planning Intern With five (5) members present, a quorum was established and the following items were addressed: 2.0 DISPOSITION OF MINUTES: 2.1 Approval or correction of Planning and Zoning Commission minutes for the meeting held on July 27, 1999. Motion to approve the minutes for the meeting held on July 27, 1999, Commissioner Todd; Second, Commissioner Broom. Motion carried 5-0. 3.0 CITIZEN INPUT 4.0 PUBLIC HEARING 4.1 Hold a public hearing and consider making a recommendation to the City Council with regard to an ordinance of the City of The Colony, Texas amending the comprehensive zoning ordinance of the city, the same being Appendix A -Zoning, of the City's Code of Ordinances, as amended, by adding a new Section 10A and providing a policy for establishing overlay zoning districts and providing for an effective date. Chairman Agnew opened the public hearing at 7:06 p.m. Mr. Persaud began his presentation by stating that amending the zoning ordinance to create an enabling ordinance empowers the City, which will give us the authority to prepare overlay districts. Mr. Persaud stated that the following are some examples that an overlay district establishes. 1 Planning and Zoning Commission August 24, 1999 1. Protect, enhance and perpetuate important elements of the city's or state's architectural, archaeological, cultural, social economic, ethnic or political history, and to develop appropriate settings for such places, 2. Safeguard historic or cultural heritage, 3. Stabilize and improve property values, Overlay zoning district regulations may include development standards, density, intensity, landscaping, and architectural guidelines, layout, design, and the provision of public services and infrastructures intended to protect a specific area or neighborhood. This can be used for neighborhood planning. Chairman Agnew closed the public hearing at 7:21 p.m. Motion to approve, Commissioner Hubbard; Second, Commissioner Todd. Motion carried, 5-0. 4.2 Hold a public hearing and consider making a recommendation to the City Council with regard to an ordinance of the City of The Colony, Texas amending the comprehensive zoning ordinance of the City, the same being Appendix A -Zoning, of the City's Code of Ordinances, as amended, by adding a new Subsection 17-107 providing standards for external lighting for gasoline stations and convenience stores and providing for an effective date. Chairman Agnew opened the public hearing at 7:21 p.m. Mr. Persaud stated that the proposed ordinance is intended to regulate external lighting installed for gasoline stations and convenience stores. The following are the recommended standards for external lighting: 1. All light fixtures serving parking lots shall be cut-off fixtures as defined by the Illuminating Engineering Society of North America (IESNA). 2. Mounting heights shall not exceed fifteen (15) feet. 3. Lighting intensity shall not exceed 0.6 foot-candles when measured at grade at the property line 4. Areas around the pump island and under canopies shall be illuminated so that the minimum horizontal illuminant at grade level is at least 1.0 foot-candle and no more than 5.5 foot-candles 5. Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface (Ceiling) of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85 degrees from vertical. 6. As an alternative to recessed ceiling lights, indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. 7. Light shall not be mounted on the top or sides of the canopy, and the sides of the canopy shall not be illuminated. 2 Planning and Zoning Commission August 24, 1999 This proposed ordinance would protect neighborhoods from glare, dark sky pollution, and excessive lighting. However, it does not include the illumination of signs. The City's sign ordinance would cover that area. Commissioner Hubbard wanted to know why this is specifically targeting out for convenience stores and gas stations. Mr. Persaud responded by stating that gas stations and convenience stores tend to use excessive external lighting for competition and these can be very intrusive. Usually smaller cities start out by building regulations on an incremental basis. Chairman Agnew closed the public hearing at 7:41 p.m. Motion to approve, Commissioner Hubbard; Second, Commissioner Todd. Motion carried, 5-0. 5.0 ITEMS FOR CONSIDERATION 5.1 A request for approval of a final plat for Legend Crest, Phase VI, being a 26.093 acre tract located in the B.B.B. & C.R.R. Survey, Abstract NO. 172, located in The City of The Colony, Denton County, Texas. (99-FPO10). Chairman Agnew opened the public hearing at 7:42 p.m. Mr. Hampton began his presentation by stating that that Legend Crest, Phase VI is the latest phase to be incorporated with the Legends Development. The Homeowner's Association will be responsible for landscaping and maintenance of the fifty (50) foot Lone Star Gas Easement and the developer will also install five (5) foot sidewalks on streets that cross the easement. The staff recommend approval of the final plat with the following stipulations: 1. Engineering plans are to be approved in accordance with City specifications, 2. Creek restudy to be approved by City Engineer and FEMA before building permits are issued 3. The alley entrance near the intersection of Big River Drive/Goldhawk Drive will be reconfigured so that it accesses Glenview Lane. 4. Ron Homeyer with Corwin Engineering was present to answer any questions. Abel Saldana stated that sidewalks need to be installed parrallel to the easement to keep the continuity of the sidewalks. In response to Abel Saldaha concern, Ron Homeyer stated that these sidewalks would be constructed. 3 Planning and Zoning Commission August 24, 1999 Chairman Agnew closed the public hearing at 7:49 p.m. Motion to approve final plat for Legend Crest, Phase VI (99-FP010), Commissioner Hubbard; Second, Commissioner Todd. Motion carried, 5-0. 6.0 OTHER BUSINESS Distribute the Planning Commissioner's Journal. Commissioner Hubbard requested the NCTCOG schedule of training courses. 7.0 STAFF REPORTS Future agenda items include: Final plat for Legends, HWY 121 Overlay District Ordinance, and Performance standards ph Agnew, .74 Chairperson ATTEST: Ju ie arrison, Recording Secretary 0 Planning and Zoning Commission September 28, 1999 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON September 28, 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 28th day of September 1999, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard, Vice Chair Wilson Martin William Jamme Cathy Wood Kirk Mikulec DeWayne Snider Staff. Harry Persaud, Director of Planning Michael Hampton, Planner Abel Saldana, City Engineer With seven (7) members present, a quorum was established and the following items were addressed: 2.0 DISPOSITION OF MINUTES: 2.1 Approval or correction of Planning and Zoning Commission minutes for the meeting held on September 14, 1999. Motion to approve the minutes for the meetings held on September 14, 1999, Commissioner Wood; Second, Commissioner Snider. Motion carried 7-0. 3.0 CITIZEN INPUT None. 4.0 PUBLIC HEARING 4.1 A request for approval of a Specific Use Permit to allow for an indoor amusement and video arcade in the Shopping Center "SC" zoning district classification, at the SW corner of South Colony Blvd and Paige Rd, being a 1,350 square feet of existing retail floor space described as Suite #350, The Colony Square Shopping Center Addition, situated in the B.B.B. and C.R.R. Co. Survey, Abstract N0. 173, located in the City of The Colony, Denton County, Texas. (99-SUP006) Chairman Agnew opened the public hearing at 7:09 p.m. Planning and Zoning Commission September 28, 1999 Mr. Persaud began his presentation by stating that the proposal for the indoor amusement and video arcade would occupy an existing 1,350 square feet of floor space located in Suite 350 of the Colony Square Shopping Center. The floor plan submitted, showing the layout of the pool tables and gaming machines, is what the Commission would be approving and what the City would have to enforce future compliance. Both an indoor amusement and a video arcade are allowed in the Shopping Center "SC" zoning district classification with an SUP. Mr. Persaud continued by stating that the primary use of the facility will be coin operated entertainment machines and other games such as pool and air hockey. No liquor, beer or wine will be sold on -premises. A concession area is designated within the facility although no cooking will be allowed. Bryan Burger of Bury+Pittman-DFW, Inc., 5310 Harvest Hill Rd, Suite 100, Dallas, TX 75023 was present to answer any questions. Mr. Burger stated that the video machines will dispense tickets which can be redeemed for prizes. The estimated hours of operation will be between 10:00 a.m. and 10:00 p.m., seven days a week, with the restriction that no one under the age of eighteen (18) years will be allowed on premises after 7:00 p.m. Mr. Persaud questioned whether the machines are eight -liner machines, and Mr. Burger confirmed that some of them would be eight -liners, although the tickets dispensed would have no cash value. Commissioner Snider inquired about the subject matter in the machines and their displays, and Mr. Burger stated that nothing inappropriate would be used. Commissioner Jamme asked about the target audience, which Mr. Burger explained was anyone between the ages of 16 and 50. Commissioner Agnew questioned whether the 7:00 p.m. age restriction could be made part of the SUP ordinance since the City's curfew for teenagers is later. Mr. Persaud will confer with the City Attorney about this issue before the item goes to City Council. Commissioner Wood expressed concern about loitering. Commissioner Hubbard wanted to know if the restrooms for the facility were located in the storage area, at which the applicant said they were not. Mr. Persaud added that the restrooms must comply with ADA requirements. Commissioner Martin inquired about what would be served in the concession area, and Mr. Burger stated that prepared food which wouldn't require on-site cooking, such as snacks, chips, sodas, hot dogs and popcorn would be available. Jeff Katy of 5000 Griffin, The Colony, TX 75056 was present to ask the applicant about the development. Mr. Katy questioned whether any ultra -violent video games would be available, at which the applicant stated there would be none. Mr. Katy also had a concern 2 Planning and Zoning Commission September 28, 1999 about increased loitering, since presently many people already walk across his lawn. Staff and the Commission were unaware of any loitering ordinances. Mr. Persaud stated that in the public notification process, staff mailed notices to property owners within 200 feet from the property lines of the entire shopping center. The law requires that you notify property owners within 200 feet of the site that is being granted the SUP. The five responses received in opposition to the SUP and the one response received in favor of the SUP were all from property owners outside of the 200 feet radius from Suite 350, which is the specific site that is requesting the SUP. In other words, those responses could not be considered for the purposes of the law. Commissioner Jamme wanted clarification about whether alcoholic consumption would be allowed on premises even though the sale of alcoholic beverages would be prohibited. Mr. Persaud and Commissioner Agnew stated that laws on public consumption were intact to prevent that. Staff is recommending approval of the Specific Use Permit to allow for an indoor amusement and video arcade in the Shopping Center "SC" zoning district classification subject to the following stipulations: 1. The proposed development must comply with the 1997 Uniform Building Codes and other applicable City Ordinances before a Certificate of Occupancy is issued. 2. No person under the age of eighteen (18) years will be allowed on the premises after 7:00 p.m. 3. All gaming machines and/or equipment installed and used on the premises must be in compliance with the applicable State laws. 4. The rear door to the premises shall be designed and used for emergency exit only. Chairman Agnew closed the public hearing at 7:39p.m. Motion to approve 99-SUP006, an SUP to allow for an indoor amusement and video arcade in the Shopping Center "SC" zoning district classification, Commissioner Wood; Second, Commissioner Mikulec. Motion carried, 6-1. 5.0 ITEMS FOR CONSIDERATION 5.1 A request for approval of a site plan for the proposed Denton Area Teacher's Credit Union to be located on a 1.290 acre tract being Lot 2 R, Block A of the Ridgepointe Professional Office Park Addition, located in the T. Wilson Survey, Abstract NO. 1352, located in the City of The Colony, Denton County, Texas. (99-SPO10) Mr. Persaud began his presentation by stating that the applicant will be providing one- way driveways for the accesses along Main St. A variance has been requested as the City does not currently have standards for one-way drives. Another driveway is being 3 Planning and Zoning Commission September 28, 1999 provided off of Cougar Alley. These accesses meet the requirements existing at the time the Denton Area Teacher's Credit Union initially began the project. A five foot sidewalk is being provided along FM 423, and parking exceeds City requirements. Water and sanitary sewer lines are already existing and will be connected to serve the site. Landscaping met all the requirements and will be irrigated in accordance with City standards. All signage will comply with City specifications. There are two fire hydrants in front of the proposed building, but one additional hydrant will be required in the rear of the property or on Cougar Alley to meet City requirements. Commissioner Snider inquired about the two arrows being illustrated on the `exit only' driveway. Mr. Saldana confirmed that one arrow would be the correct notation, as all traffic would be turning right onto FM 423. The width and radius of the driveway would be maintained to allow for an additional fire lane entrance. Also, appropriate signage would be utilized to make clear the directional flow of the traffic. Commissioner Agnew questioned whether a deceleration lane would be required. Staff looked at the site and did not feel a deceleration lane would be necessary. Discussion enused about whether or not the `undisturbed area' of the site would be developed at a later time and if it could be considered a front yard or side yard. The general understanding of the Staff was that the area was a side yard and the landscaping and irrigation provided by the developer was an extra bonus in aesthetics. Development Review Committee recommends approval of the site plan for Denton Area Teacher's Credit Union subject to the following stipulations: 1. Engineering plans are to be approved in accordance with City standards. 2. A fire hydrant is to be installed on Cougar Alley or onsite so as to meet 300 feet spacing requirement. 3. Only one lane of traffic will be allowed to exit the northernmost driveway on FM 423. 4. Appropriate signage must be installed at one-way driveways on FM 423 to indicate flow of traffic. Motion to approve the site plan for Denton Area Teacher's Credit Union, subject to Staff stipulations, Commissioner Jamme; Second, Commissioner Martin. Motion carried, 7-0. 6.0 OTHER BUSINESS Commissioner Agnew requested a follow-up to Tim Patrick's request for a list of all properties within the City on which sexually oriented businesses could be permitted and the owner's of those properties. Mr. Persaud responded that a mailing list of the property owners of lands located along SH 121 was promptly mailed to him the next morning and that no further requests had been made. 2 Planning and Zoning Commission September 28, 1999 7.0 STAFF REPORTS Upcoming agenda items: a plat and site plan for Racetrac, and a retail strip center in the Northeast corner of the Walmart addition. With no further business, the meeting adjournDseph p.m. Agnew, Chairperson ATTEST: hael Hampton Recording Secretary 5 Planning and Zoning Commission October 12, 1999 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON October 12, 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 12th day of October 1999, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard, Vice Chair Wilson Martin William Jamme Cathy Wood Kirk Mikulec DeWayne Snider Staff. Harry Persaud, Director of Planning Michael Hampton, Planner Abel Saldana, City Engineer With seven (7) 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 September 28, 1999. Motion to approve the minutes for the meeting held on September 28, 1999, Commissioner Hubbard; Second, Commissioner Mikulec. Motion carried 6-0. Commissioner Jamme arrived after the vote to approve the September 28th minutes. 3.0 CITIZEN INPUT None. 4.0 PUBLIC HEARING 4.1 Hold a public hearing and consider making a recommendation to the City Council with regard to a request for a Specific Use Permit to locate a telephone switching and transmitting station on a 712 sq ft tract of land, being a Cosery Telephone Easement located in the Legend Crest Phase IX Development and zoned Planned Development "PD -14" for Single Family "SF" use. (99-SUP007) Chairman Agnew opened the public hearing at 7:05 p.m. Planning and Zoning Commission October 12, 1999 Mr. Persaud began his presentation by stating that the telephone switching station would be located in a fee simple easement within the Legend Crest Phase IX residential development, and adjacent to a future City water tower site. The zoning ordinance of the City requires that a developer apply for a Specific Use Permit for this use and follow the public notification processes. Staff has reviewed the application and feels the telephone switching and transmitting station is a necessary service for a residential development. Mike Bowden of Cosery Communications was present to answer any questions. Commissioner Snider asked what the exterior construction of the structure would be, and Mr. Bowden stated that the building would be made of concrete with a stucco finish. For aesthetic purposes, an agreement with the residential developer has been made to pitch the roof of the structure. Extensive discussion ensued about the screening of the building, possible landscaping, and the security of the structure. After this discussion, the Commission and staff agreed to use a chain link fence to screen the Cosery building, which would be consistent with the fencing that will be used around the future water tower. Staff is recommending approval of the SUP with the stipulation that chain link fencing will be installed around the structure. Chairman Agnew closed the public hearing at 7:20 p.m. Motion to approve 99-SUP007, an SUP to allow for a telephone switching and transmitting station in the Planned Development 11PD-14" zoned for Single Family use, Commissioner Jamme; Second, Commissioner Snider. Motion carried, 7-0. 5.0 ITEMS FOR CONSIDERATION 5.1 A request for approval of a preliminary and final plat for Lot 1, Block A, Racetrac South Colony Addition, situated in the B.B.B. and C.R.R. Co. Survey, Abstract N0. 173, located in the City of The Colony, Denton County, Texas. (99-PP008, 99-FP012) Mr. Persaud began his presentation by stating that this plat was for the site of the `purple house.' The purpose of the plat is to prepare the site for development of a gas station and convenience store. FM 423 at that location is designated as 6D -A (six lane divided arterial) on the City's approved Thoroughfare Plan, with a Right -Of -Way of 120'. Currently, a 110' Right -Of -Way is existing, so the developer has been required to provide a 5' Right -Of -Way dedication. The development will be served by a 12" water line along FM 423 and an 8" sewer line that will connect to lines that serve the adjacent Angelina's restaurant. A mutual access easement is shown on the final plat, which will provide access for both the gas station and the Angelina's restaurant. The preliminary and final 0 Planning and Zoning Commission October 12, 1999 plat for the Racetrac South Colony Addition has met all requirements of the City, and Development Review Committee is recommending approval subject to the stipulation that engineering plans are to be approved in accordance with City specifications. Mitchell Noftsger of Racetrac Petroleum, Inc., 300 Technology Court, Smyrna, GA 30082, was present to answer any questions. Motion to approve the preliminary and final plat for Lot 1, Block A, Racetrac South Colony Addition, Commissioner Wood; Second, Commissioner Mikulec. Motion carried, 7-0. 5.2 A request for approval of a site plan for Racetrac, located on a 1.35 acre tract being Lot 1, Block A of the Racetrac South Colony Addition, located in the B.B.B. & C.R.R. Co. Survey, Abstract NO. 173, located in the City of The Colony, Denton County, Texas. (99-SPO11) Commissioner Agnew pointed out that a letter had been received by the applicant wishing to table 99-SPO11. Mr. Persaud stated that one major issue dealing with external lighting had not been worked out with the developer, and that more time would be needed to work that issue out. In addition, a deceleration lane subject to TXDOT standards will be required of the developer to serve the gas station and the restaurant. Mitchell Noftsger of Racetrac Petroleum, Inc., 300 Technology Court, Smyrna, GA 30082, was present to answer any questions. Motion to table the site plan for Racetrac until the next meeting on October 26, 1999, Commissioner Hubbard; Second, Commissioner Martin. Motion carried, 7-0. 6.0 OTHER BUSINESS 7.0 STAFF REPORTS Upcoming agenda items: Office/warehouse development at E. Lake Highlands and Main. With no further business, the meeting ad' ed at 7:40 p.m. Joseph Agnew, Chairperson ATTE T: ichael Hampto , Recording Secretary 3 Planning and Zoning Commission October 26, 1999 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON October 26, 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 26th day of October 1999, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard, Vice Chair Wilson Martin Cathy Wood Kirk Mikulec DeWayne Snider Commissioner William Jamme was absent. Staff: Harry Persaud, Director of Planning Michael Hampton, Planner Abel Saldana, City Engineer Elizabeth Fitzgerald, Interim Public Works Director 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 12, 1999. Motion to approve the minutes for the meeting held on October 12, 1999, Commissioner Martin; Second, Commissioner Snider. Motion carried 6-0. 3.0 CITIZEN INPUT None. 4.0 PUBLIC HEARING 4.1 Hold a public hearing and consider making a recommendation to the City Council with regard to an ordinance amending the Subdivision Ordinance of the City, the same being Appendix B- Subdivision of the City's Code of Ordinances, as amended, by providing for a street light policy and requiring the installation of street lights in all new developments and providing for an effective date. Chairman Agnew opened the public hearing at 7:03 p.m. Planning and Zoning Commission October 26, 1999 Mr. Persaud began the presentation by stating that the basic reason for the amendment is to provide a policy for requiring new developments to install adequate street lighting. Within the ordinance are specifications about the illuminance, type, and spacing of the lighting, which vary depending on the size of the thoroughfare. Mr. Persaud stated that the City is currently working on a comprehensive program intended to modify existing street lighting so that it meet the standards that are now being proposed for new developments. Elizabeth Fitzgerald, Interim Director of Public Works and Abel Saldana, City Engineer, were present to discuss the street lighting policy. Many different questions and concerns were brought out during the meeting. Essentially, the Commission requested the following additional information. 1. Street lighting standards in other cities. 2. Specifications of the street lighting proposals with regard to illuminance at grade level and distribution of the lighting. 3. Compare lighting standards proposed with the existing street lighting in the City of The Colony. 4. Flexibility to allow for new lighting alternatives that develop over time and are brought in by developers in the future. The public hearing will remain open. Motion to table, to an undetermined later date, an amendment to the Subdivision Ordinance that would provide for a street light policy, Commissioner Hubbard; Second, Commissioner Wood. Motion carried, 6-0. 5.0 ITEMS FOR CONSIDERATION 5.1 A request for approval of a site plan for a Racetrac service station and convenience store, located on a 1.35 acre tract being Lot 1, Block A of the Racetrac South Colony Addition, located in the B.B.B. & C.R.R. Co. Survey, Abstract NO. 173, located in the City of The Colony, Denton County, Texas. (99-SPO11) Mr. Persaud recalled that this item was tabled from the last agenda. A driveway is proposed at the northeast corner of the lot. An additional driveway at the southern portion of the lot will be shared with the adjacent Angelina's Restaurant. Because of the heavy traffic flow on FM 423, Staff has determined that a deceleration lane shall be required in accordance with TXDOT and City specifications. A five feet sidewalk will be installed along FM 423. The twenty (20) parking spaces provided meets the City's requirements. Water will be provided via a 12" line already in place along FM 423, and sewer service will be provided via an 8" line in the rear of the property. The landscaping on site met all City requirements. Signage will be in accordance with the City's sign ordinance. 0 Planning and Zoning Commission October 26, 1999 The initial photometric plan submitted by Racetrac showed the intensity of the external lighting under the canopy to be well above City standards, with a high of 84 foot candles and an average of about 50 foot candles. Staff has worked with the developer to bring those illuminance levels down to a maximum of 35 foot candles and an average of 22 foot candles. Readings were taken with a light meter at several gas stations around the City as well as at a few other Racetrac gas stations in surrounding cities. Mr. Persaud pointed out that the lighting proposal falls into the lower range of these other sites. The applicant has submitted a variance letter for the illuminance levels and the canopy height. City standards allow for a maximum of 15' in height, but the developer has indicated that some of the truck traffic shall require a slightly higher level, and is asking for a variance to provide for 16'. Staff did not have a problem with this height and felt the lighting proposal overall fit well into the City. Staff is recommending approval of the site plan subject to the following stipulations: 1. Engineering plans are to be approved in accordance with City standards. 2. A deceleration lane is to be designed and constructed in accordance with TXDOT and City of The Colony specifications. Mitchell Noftsger of Racetrac Petroleum, Inc., 300 Technology Court, Smyrna, GA 30082, was present to answer any questions. Motion to approve the site plan for Racetrac with variances, subject to Staff stipulations, Commissioner Wood; Second, Commissioner Mikulec. Motion carried, 6-0. 5.2 A request for approval of a site plan for Main Street -E. Lake Highlands Office Warehouse, located on a 1.39 acre tract being Lot 1R, Block 3 of the Garza -Little Elm Addition, located in T. Wilson Survey, Abstract N0. 1352, located in the City of The Colony, Denton County, Texas. (99-SP008) Mr. Persaud began his presentation by stating on the site, located on the northeast corner of East Lake Highlands Dr and Main Street, there is an existing building used for light commercial purposes. The proposal is to construct another building on the lot, for which a replat was approved in March 1999. The applicant is providing two 24' driveways along Main Street. Both of these driveways will be one-way drives. At the time of platting, a 15' Right -Of -Way dedication was made and is shown on the site plan. A five foot sidewalk is provided along Main Street. Parking has exceeded City requirements. All utilities will be connected to existing lines along Main Street and East Lake Highlands. Landscaping meets and exceeds all City standards. In order to meet the 20' landscaping buffering requirement, the developer is including the parkway along FM 423 within the buffer, which is allowed by ordinance. All external lighting will be mounted on the building and will be cut-off luminaire type. The dumpster shall be screened with materials consistent with the primary structure. One additional fire hydrant is being provided on the site to meet the spacing requirements for fire protection. 3 Planning and Zoning Commission October 26, 1999 Tom Cravens of Cravens & Associates, 521 Anderson, Coppell, TX 75019 was present to answer any questions. The Commission were concerned with particular aesthetic features of the building; in particular, whether any roof mounted equipment would be screened and whether awnings were going to be used to break up the monotony of the long brick wall that faces Main Street. Mr. Cravens did not have a problem with adding stipulations to the site plan approval that addressed these concerns. Staff is recommending approval of the site plan subject to the following stipulations: 1. Engineering plans are to be approved in accordance with City standards. 2. All roof mounted equipment must be screened from public view. 3. Any awnings installed on the structure must be consistent in color and design. 4. Note #2 on the site plan will be changed to read: "Exterior lighting to be mounted on building walls." Motion to approve the site plan for Main Street -E. Lake Highlands Office Warehouse, Commissioner Wood; Second, Commissioner Hubbard. Motion carried, 6-0. 6.0 OTHER BUSINESS Commissioner Hubbard inquired whether 00 would be used as the prefix for case numbers during the year 2000. Mr. Persaud said Staff would look at alternatives for numbering and would come up with something that is Y2K compliant! Commissioner Agnew stated that the external lighting ordinance for gas stations may need to be revisited if it seems to be too stringent. 7.0 STAFF REPORTS Mr. Persaud handed out copies of the development applications and checklists that Staff uses to review projects, and believed it would be beneficial to the Commission. Mr. Persaud also stated that the City Engineer has initiated an update of the Engineering Design Manual, and will be an effort by many City departments. Upcoming agenda items: Retail strip center at Lot 2, Block 1, Wal-Mart Addition. With no further business, the meeting adjourned at 8:17 p.m. Joseph Agnew, Chairperson ATTEST: NV,hael Hampto Recording Secretary 0 Planning and Zoning Commission November 30, 1999 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON November 30, 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 30th of November 1999, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard, Vice Chair Cathy Wood Kirk Mikulec William Jamme DeWayne Snider Staff: Harry Persaud, Director of Planning Michael Hampton, Planner Abel Saldana, 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 November 9, 1999. Motion to approve the minutes for the meeting held on November 9, 1999, Commissioner Wood; Second, Commissioner Jamme. Motion carried 6-0. 3.0 PUBLIC HEARING 3.1 Hold a public hearing and consider making a recommendation to the City Council regarding adoption of an Annexation Plan. Chairman Agnew opened the public hearing at 7:04 p.m. Mr. Persaud began his presentation by stating the adoption of SB89 by the 76th Legislature requires Cities to prepare and adopt an annexation plan not later than December 31, 1999. the annexation plan must identify annexations that may begin on the third anniversary of the date the annexation plan was adopted. The plan may be amended to identify areas that may be annexed beginning on the third anniversary of the date of amendment. Once the annexation plan is adopted, a city must comply with a schedule of activities and initiate actions relating to the annexation process. Planning and Zoning Commission November 30, 1999 Provide written notice of the plan to (a) Land owners in the area (b) Public or private entities that provide services in the area and (c) Railroads in the area. Must be done not later that March 30 2000. 2. Entities must provide the City with an inventory of services and facilities in the areas shown on the annexation plan. Must be done not later than June 29 2000 unless City and Entities agree on an extension. 3. City must make that inventory available to the public. Must be done not later than August 28 2000 4. City must hold public hearings at which service plan is made available. Must be done not later than November 28, 2000. 5. Last day to complete annexation, otherwise may not annex area for 5 years. Must be done not later than January 31 2003 Areas included in the Annexation Plan are Beach and Tennis Club Addition, Water's Edge, North of Tribute Golf Course and North of Boyd Road. The total acreage of developable land is approximately 294.5 acres. Chairman Agnew closed the public hearing at 7:24 p.m. Motion to adopt the Annexation Plan, Commissioner Wood; Second, Commissioner Jamme. Motion carried 6-0. 4.0 ITEMS FOR CONSIDERATION 4.1 A request for approval for temporary signage for The Parks of Austin Ranch development. (99-M015). Mr. Persaud began his presentation by stating Billingsley Company is requesting approval to install three (3) temporary marketing signs in Austin Ranch to advertise the Parks of Austin Ranch apartment complex currently under construction. Each sign is 5 1/4' x 18' (94.5 square feet) with a height of 10' above grade. Two of the signs are double -sided and will be located east of the apartment on the north side of Davidson Street. The third sign is single -sided and is located west of the apartment complex on the south side of Windhaven Parkway. All of the signs will be located on private property. Section 6.26 (3) d allows for temporary on -premises signs "to identify contractors, financiers, architects, engineers, and to advertise the coming of new businesses". The maximum size under this section is 100 sq. ft. and the sign is to be removed upon the issuance of the last certificate of occupancy for the project. 2 Planning and Zoning Commission November 30, 1999 Stipulations for tempor signs: 1. Application for temporary signs shall include construction drawings signed by a professional architect or engineer. 2. The signs shall be permitted as temporary signs and the permits shall be valid for two (2) years effective from the date of issue and may be extended annually upon application to City of The Colony until such time that seventy-five (75) percent of all units have been issued with a certificate of occupancy. 3. The temporary signs shall not exceed 5' 3" X 18' and installed 10' above grade. 4. The temporary signs shall be installed on private property and not encroach on City right-of-way. 5. The temporary signs shall be removed by the developer or property owner upon the expiration of the permits. If the developer fails to remove the signs within sixty (60) days after the expiration of temporary permit, the City may proceed to remove the signs and recover the removal costs from the property owner or developer. 6. Developer will be responsible for maintaining the signs. A representative from Billingsley Company was present to answer questions. Motion to approve temporary signage for the Parks of Austin Ranch development, subject to Staff stipulations, Commissioner Hubbard; Second, Commissioner Jamme. Motion carried 6-0. 4.2 A request for approval of a final plat for Legend Heights, Phase I, being a 31.652 acre tract located in the B.B.B. & C.R.R. Survey, Abstracts N0. 173 and 174, located in the City of The Colony, Denton County, Texas. (99- FP013) Mr. Hampton stated the final plat for Legend Heights, Phase I will incorporate 127 lots in an area of 31.652 acres. This will allow for 4.01 dwelling units per acre. The planned development ordinance allows for flexibility in housing density distribution providing that the entire Legends development may not exceed a total of 4.00 dwelling units per acre. Currently, the overall density is calculated at 4.00 units per acre. The final plat complies with the area regulations as prescribed by the planned development ordinance. The final plat for this phase is located in Parcel C, Tract 1. A 20' landscape buffer easement is being provided along South Colony Blvd and Memorial Drive. The landscape buffer easements are to be maintained by the Homeowner's Association. The Homeowner's Association will also be responsible for landscaping and maintenance of the 50' Lone Star Gas Easement. The developer will install 4' sidewalks on all streets and sidewalks shall be continuous across easements. K? Planning and Zoning Commission November 30, 1999 Development Review Committee recommends approval of the final plat for Legend Heights, Phase I subject to the following stipulations: 1. Engineering plans are to be approved in accordance with City specifications. 2. The City will collect drainage participation costs from the developer at the time of filing of the final plat. 3. Label 30'x 30' visibility access easement at the intersection of South Colony Blvd and Memorial Dr. Mr. Warren Corwin of Corwin Engineering, Inc., 200 W. Belmont Drive, Plano, Texas 75093, was present to answer any questions. Motion to approve final plat for Legend Heights, Phase I, subject to Staff stipulations, Commissioner Hubbard; Second, Commissioner Wood. Motion carried, 6-0. 4.3 A request for approval of a variance to the sign ordinance with regard to a logo sign at the new City Hall. Mr. Persaud stated the City Secretary is requesting a variance from Section 6-24 (3) "Attached Signs" of the City Sign ordinance to allow for a large City logo sign to be placed on the new City Hall on Main Street. The Sign Ordinance will allow a maximum logo height of 45" on a fagade up to 36' in height. The City Hall front facade is 32' in Height measured from grade and approx. 166' wide. It's the largest city building located in The Colony and will house the City administration offices and the public library. City Staff conducted trial runs using an overhead projector at night to evaluate visibility and impact of the logo at this location. The proposed 7' feet diameter has been found to be an optimum size. Commissioners felt we "The City" should comply with city sign ordinances. Other developers are forced to keep within compliance. As a city installation a good example should be set. A joint work session with P & Z and the City Council is tentatively planned for January to clean up old sign ordinances. Motion to approve variance to sign ordinance for logo on the new City Hall, Commissioner Hubbard; Second, Commissioner Snider. Motion failed 2-4. Motion to send forward to City Council with no recommendations with stipulations that other alternatives be evaluated for the proposed sign that complies with the City sign ordinance, Commissioner Wood; Second, Commissioner Jamme. Motion failed 3-3. Motion to deny variance to sign ordinance for logo on the new City Hall, Commissioner Hubbard; Second, Commissioner Snider. Motion carried 4-1 with 1 abstention. M Planning and Zoning Commission November 30, 1999 5.0 OTHER BUSINESS 5.1 Receive resignation from Commissioner Wilson Martin. 6.0 STAFF REPORTS 6.1 Director's Report The City Attorney has recommended Citizen's Input only be placed on the agenda with prior written notice to the Planning Director. The re are no pending items to be placed on the December 14, 1999 agenda. Staff will call Commissioners if it is necessary to call a meeting before the next regularly scheduled meeting of January 11, 1999. With no further business, the meeting adjourned at 8:40 p.m. ATTEST: Sandy ndersaar Recording Secretary 5 Jo§eph Agnew, Chairperson