Loading...
HomeMy WebLinkAbout1998 P&Z MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON January 13, 1998 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 6:00 p.m. on the 13th day of January 1998, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard Dee Hughes Joe Arteritano Sondra Calhoun Charles Todd Commissioner Lynch was absent. Staff: Harry Persaud, Director of Planning Wade Shelton, Recording Secretary Cliff Bormann, Building Official With six (6) members present, a quorum was established and the following items were addressed: 2. DISPOSITION OF MINUTES Approval or correction of the December 9, 1997 Planning and Zoning Commission Minutes. Commissioner Hubbard mentioned a correction to Other Business (Section 5). He stated the amendment from "need for a sign prohibiting left turn from The Colony Plaza on to FM 423 during peak hours" to read "need for a sign prohibiting no left turn and no U- turn..." Motion to approve, with corrections, the minutes of the meeting held December 9, 1997, Commissioner Hubbard; Second Commissioner Todd. Motion passed 6-0. 3. OTHER BUSINESS 3.1 Nomination and election of a Chairperson and Vice-Chairperson. Motion to nominate Joe Agnew to the position of Chairperson, Commissioner Hubbard; Second Commissioner Todd. Motion to close nominations for Chairperson, Commissioner Hubbard; Second Commissioner Todd. Vote call for the election of Joe Agnew to the position of Chairperson. Motion carried 6-0. Motion to nominate DeVille Hubbard to the position of Vice Chairperson, Commissioner Todd; Second Commissioner Calhoun. Motion to nominate Commissioner Todd to the position of Vice Chairperson, Commissioner Hubbard; motion failed for want of second. Vote call for the election of DeVille Hubbard to the position of Vice Chairperson. Motion carried 6-0. 3.2 Receive a report and hold a discussion with regard to the role, functions and responsibilities of the Planning and Zoning Commission. Mr. Persaud, Director of Planning, began by introducing Wade Shelton, the new Recording Secretary and Planning Technician for the City. Mr. Persaud then led an introductory discussion of planning and zoning processes and principles; functions of the Planning and Zoning Commission, and the Staff's role in the planning process. Discussion began within the presentation as to whether or not adherence to a strict parliamentary procedure is necessary. Commissioner Todd recommended that information on the subject be provided to the Commission and formed into a formal motion to be considered. Commissioner Hubbard inquired about the status of the Capital Improvements Projects (1997-2007). Mr. Persaud stated that the CIP was completed and that copies would be made available to the Commission. Chairman Agnew stated that he would like to implement an annual review of the comprehensive plan. Mr. Persaud stated that the staff would work with the Commission on that item. Commissioner Todd listed all of the items that the Staff is responsible for producing for the Commission: a copy of the CIP, and parliamentary procedure items. Commissioner Arteritano asked if the requirement for a General Development Plan could be implemented as part of the plat approval process. Mr. Persaud stated that if the Commission would like to work out an ordinance to propose that item he could schedule some work sessions in the future. 4. CITIZEN INPUT None. 2 5. PUBLIC HEARING 5.1 Hold a public hearing and consider making a recommendation to the City Council with regard to certain amendments to the Sign Ordinance. Mr. Persaud began his presentation by stating the current sign ordinance was passed by the City Council on December 16, 1996. There are two changes being proposed right now. The first is in regard to political signs. The previous ordinance states a thirty (30) day window for posting political signs prior to any political election. This has been omitted from the current sign ordinance. Staff now proposes incorporating this 30 day window once again. The second amendment proposes a provision to allow athletic signs as they are currently excluded. The proposed amendment will permit "signs located on the field side of score boards, fences and related buildings and structures of athletic fields". Commissioner Todd asked if the City owns the athletic fields located within the City. Mr. Persaud stated that that is usually the case, however, some fields are owned by the Lewisville Independent School District. Commissioner Todd then asked if the signs would include any type of advertising. Mr. Persaud answered in the affirmative. Chairman Agnew asked if just any type of a sign may be placed at any of the said areas. Mr. Persaud stated that the signs would have to comply with L.I.S.D. rules. Signs placed on Little League fields and other City-owned fields would be subject to Parks and Recreation approval and fees. Motion to approve the Staff recommendations of the Sign Ordinance and send it to City Council, Commissioner Hubbard; second Commissioner Todd. Motion carried 6-0. 5.2 98-Z001 Lago Vista Zoning Change A to GR: Request approval of a change in zoning form Agricultural "A" to General Retail "GR" zoning classification in accordance with the comprehensive zoning ordinance of the City of The Colony. Mr. Persaud began his presentation by stating that notification was sent to property owners within 200' of the property in question. Only one response was received in favor of the zoning change. Mr. Persaud summarized the history of the property. He then stated that the proposed change is consistent with the comprehensive plan. Mr. Persaud stated that many uses in accordance with the table of permitted uses would be allowed on that site if the proposed zoning change is approved. Staff recommends approval. Tim House, of WODTO Inc., 1660 South Stemmons, #280 Lewisville, TX 75067, was present to answer any questions. Mr. House stated that the proposed zoning change is consistent with surrounding zoning. Commissioner Todd asked Mr. House what the nature of the development on the property would be. Mr. House stated that a sit-down restaurant would occupy part of the land. Motion to approve 98-Z001 Lago Vista zoning change based on staff stipulations, and to close the public hearing, Commissioner Todd; Second Commissioner Calhoun. Motion passed 6-0. 6.0 STAFF REPORTS Receive updates from City Staff. The drycleaner has resumed construction. The left-turn lane onto FM 423 from the Albertson's shopping center is under consideration. Mr. Persaud stated that he has tried on several occasions to contact Rob Farrell, who has of yet not contacted the City. Mr. Persaud wanted to consult with Mr. Farell on cooperating together oh the installation of a no left turn sign during peak hours. Commissioner Hubbard stated that a sign could be placed in the median instead of on Mr. Farrell's land. The cost of the sign was discussed. There will be two signs needed, one U-turn sign placed on the median, and a no left turn .sign on the property. Mr. Persaud stated that he would draft a memo to Pat Dunlap, Director of Public Works about this situation. Mr. Persaud gave a rundown of the agenda of the next Planning and Zoning Commission meeting to be held on January 20, 1998. Chairman Agnew requested an updated list of commissioners. Mr. Persaud stated that that would be done. Commissioner Arteritano stated that he was missing some pages in the Planning and Zoning Commission binder. Mr. Persaud stated that the binder would be looked at and corrected. 4 With no further business, the meeting was ad~jgumedat 8:15 p.m. Chairperson ATTEST: Wade Shelton, Recording Secretary 5 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON January 20, 1998 The Special 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 20th day of January 1998, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard Mike Lynch Dee Hughes Joe Arteritano Sondra Calhoun Charles Todd Staff: Harry Persaud, Director of Planning Wade Shelton, Recording Secretary Cliff Bormann, Building Official With seven (7) members present, a quorum was established and the following items were addressed: 2. CITIZEN INPUT None 3. ITEMS FOR CONSIDERATION 3.1 98-PP001 Walmart Addition: Request for approval of the preliminary plat of Lots 1 - 7, Block 1, Walmart Addition, situated in the H. Hedgecoxe Survey Abstract NO. 533 in the City of The Colony, Denton County, Texas. Harry Persaud began his presentation to the Commission by stating that there have been some changes to the preliminary plat that was previously presented to the Commission. Several lots have been added to the preliminary plat to enhance the "fiscal efficiency" of the project. Mr. Persaud stated that the addition of the new lots, Lot 4, Lot 5, Lot 6, and Lot 7 will not have much impact on the preliminary plat, but rather on the site plan. Mr. Persaud suggested that the Commission approve the preliminary plat and the final plat so that the technical details could be ironed out in the site plan. Chairperson Agnew advised the Commission at this time that any questions that the Commission might have should be asked at the proper time as it pertained to the item in front of them at the moment. The Commission agreed that they should proceed one item at a time. At that time Mr. Persaud added that Staff recommended approval. Tom Galbreath with Dunaway Associates, Inc. at 1501 Merrimac Circle #100, Ft. Worth, TX, was present to answer any questions. Chairperson Agnew asked if Mr. Galbreath had any presentation for the preliminary plat. Mr. Galbreath stated that he had a few general comments about the project as a whole. He proceeded to explain why this item was before the Commission once again. He addressed the issue of off-site drainage and how it would affect the TU Electric utility easement owned by Centex Property. Due to budget constraints brought about by the stipulations of crossing the transmission easements and future Memorial Drive with the 30' drainage easement to avoid infringement on the Centex Property, Walmart needed to do something to offset this cost. To make the project more cost-effective, the idea to develop the existing Lot 4 came about. Mr. Galbreath added that by developing Lot 4 into the now proposed Lots is better for not only Walmart, but for The City as well. Commissioner Lynch asked Mr. Galbreath to explain the concrete rip-rap to enclose the 30' drainage easement. Mr. Galbreath stated that the original plan called for a concrete lined channel, but now it is going to be an enclosed-boxed culvert. Commissioner Lynch asked Mr. Galbreath why the Staff-stipulated 5' sidewalks that ran the length of Lot 2 and Lot 3 were no longer noted. Mr. Persaud stated that the sidewalks would be put in before the buildings are constructed. If the note pertaining to the sidewalks was not included in the plans, they will be added again. Commissioner Hubbard asked if the fire lane that goes down the West side of the building would exit North and connect with future Memorial Drive. If not, then, he stated, the only egress North would be the large driveway that exits on to F.M. 423. He expressed concern over this sole method of going North off the property. Commissioner Hubbard then asked about the feasibility of enlarging this driveway to accommodate more traffic. Mr. Persaud stated that the single internal lanes are typical, and that more lanes would be unnecessary. Commissioner Hubbard added that a left-hand mm from that drive would be difficult, and that issue should be addressed now. Commissioner Hubbard asked why Kennepac Road is listed as a public Right-Of-Way when it is not a public Right-Of-Way. Mr. Persaud stated that Kennepac Road is going to be abandoned. When this happens, half of the Right-Of-Way goes to the adjacent property owner to the east, and the other half goes to the adjacent property owner to the west. Commissioner Lynch expressed concern over the fourth proposed driveway to the property of Lot 5, Lot 6 and Lot 7. It was his understanding that the variance granted for the third driveway in October would provide mutual access to then Lot 4. Therefore, a fourth driveway would now be needed to grant access to additional lots, when the Commission had already granted a variance for a third driveway. Mr. Persaud stated that 2 the fourth driveway provides better circulation, especially to Lot 7. The curb-cut spacing on the preliminary plat will suffice for the anticipated Highway 121 improvements. Mr. Galbreath stated that the driveway is necessary to make Lot 5, Lot 6, and Lot 7 "attractive". Commissioner Arteritano stated that although he does not have a problem with the mutual-access driveway between Lot 5, Lot 6 and Lot7, he does have a problem with the east-most driveway. He asked if the driveway through Lot 5, Lot 6 and Lot 7 is allowed, would Walmart, in turn, close the east-most driveway on Highway 121 ? Mr. Persaud stated that that is not an option because of legal issues. Mr. Persaud stated that Staff recommends approval of the Preliminary Plat. Motion to Recommend Approval of 98-PP001 Lots 1-7 of the Walmart Addition based on Staff stipulations Commissioner Todd; Second Commissioner Calhoun. Discussion on the motion is begun by Commissioner Lynch by asking if they approve the preliminary plat then does the Commission approve the placement of the driveways? Commissioner Todd states that the question is a site plan question. Commissioner Lynch disagrees. Commissioner Todd withdraws the motion on the grounds that when he made the motion it was with the understanding that the driveway issue was a site plan issue, not a preliminary plat issue. Commissioner Arteritano states that the question is a muddy one since the fourth driveway appears on both the preliminary plat and the site plan. At this time, subject to Mr. Persaud's suggestion, the commission adjourned to an executive session. Motion to Recommend Approval of 98-PP001 Lots 1-7 of the Walmart Addition subject to Staff stipulations Commissioner Todd; Second Commissioner Calhoun. Commissioner Lynch stated that the commission recommends that the City install four lanes for Memorial Drive instead of the proposed two lanes, at least along the rear property line on the north side of the property. Mr. Persaud stated that the request will be forwarded to the City Manager in writing, and a written request and answer be forwarded back to the commissioners. Chairman Agnew stated that such a request should be sent to the City Council, as it is ultimately their decision. This request should be handled in Other Business, as it is an issue that does not relate directly to Walmart. Motion carried, 5-1-1, with Commissioner Lynch voting against, Commissioner Arteritano abstaining. 3.2 98-FP001 Walmart Addition: Request for approval of the final plat of Lots 1 - 7, Block 1, Walmart Addition, situated in the H. Hedgecoxe Survey Abstract NO. 533 in the City of The Colony, Denton County, Texas. Mr. Persaud began his presentation by stating the Staff recommends approval subject to the stipulation that engineering plans are to be approved by the City Engineer in accordance with City specifications. Mr. Persaud also stated that the stipulation for the 5' sidewalk is included on the plat. Commissioner Lynch asked for an explanation of the masonry screening wall in accordance with the City of The Colony specifications. Mr. Galbreath explained that the wall is not actual brick, but rather imprinted concrete. Motion to Recommend Approval of 98-FP001 Lots 1-7 of the Walmart Addition subject to Staff stipulations Commissioner Calhoun; Second Commissioner Todd. Motion carried, 5-1-1, with Commissioner Lynch voting against, Commissioner Arteritano abstaining. 3.3 98-SP001 Walmart Addition: Request for approval of the site plan of Lots 1 - 7, Block 1, Walmart Addition, situated in the H. Hedgeeoxe Survey Abstract NO. 533 in the City of The Colony, Denton County, Texas. Mr. Persaud began his presentation by stating that when the site plan was reviewed it was done in conjunction with the City's ordinances, subdivision regulations, and the State Highway 121 guidelines. Mr. Persaud gave examples of key areas of the site plan in accordance with regulations on page ten (I 0) of the staff report. Mr. Persaud further stated that the site plan complies with the proposed State Highway 121 guidelines. Mr. Persaud continued his presentation by stating that Staff recommends approval of the site plan with the stipulation that Walmart will submit a traffic signal warrant study to the City with regard to the signalization of the intersection of Memorial Drive. The staff also recommends the stipulation that the engineering plans be prepared in accordance with City specifications and are approved by the City Engineer. Mr. Persaud also noted that the stringent State Highway 121 guidelines do not allow for the standard 39' poles and 400-410 watt metal halide lamps that Walmart prefers. Also, Mr. Persaud stated that an increase in traffic is inevitable due to the type of development the City would like to see in that particular area. One thing is common in these situations; traffic improvements always follow later. Jerry Wyndham, Traffic Engineer for Sverdrup Civil, Inc. 8150 N. Central Expy, Dallas, Texas, was present for any questions. Commissioner Lynch asked for a clarification of the first deceleration lane on State Highway 121 going eastbound. Mr. Persaud stated that the dimensions are 12' in width and 150' in length. This is in accordance with Texas Department of Transportation consultation. 4 Commissioner Lynch asked Mr. Galbreath if the lighting of the property would exceed the State Highway 121 guidelines which call for 0.5 foot candle measured at the property line 3 (three) feet above grade. Mr. Galbreath stated that they could. However, referring to the conversation on said subject in October, Mr. Galbreath stated that there are times when you want to have that spillover of light. Here it would light the roads and make them more safe. Mr. Galbreath continued by stating that all lights on the property that are used to illuminate the parking lot are down-lights; they are not angled. Mr. Persaud added that there are no residential land uses within proximity that will be affected. Mr. Galbreath stated that, per the Commissions' stipulation, he could produce a photmetric study of the project. Commissioner Lynch asked if there has been any consideration of widening the east most driveway on State Highway 121 to allow for more traffic. Mr. Wyndham stated that it is not necessary. Commissioner Todd then asked if an angled entrance rather than a rounded entrance would make more sense at the same driveway. Mr. Galbreath stated that the particular driveway is designed as such to discourage entrance there and to promote the use of the center driveway that has a deceleration lane. Chairman Agnew asked if a traffic count has been conducted with regard to F.M. 423 and State Highway 121, and if so, what is the best way to go about the approval of the signal light at F.M. 423 and Memorial Drive. Mr. Wyndham stated that the Texas Manual on Uniform Traffic Control Devices is utilized when determining whether a signal is warranted. The manual suggests that if one warrant is met it could lead to a signal being approved. This does not mean that a signal has to be or should be installed. The actual approval of the signal could be approved by either the City or by the Texas Department of Transportation. Chairman Agnew asked if any study of our environment has been conducted so that an educated guess could be made as to whether or not the intersection would merit a signal. Mr. Wyndham said that he has not conducted the study yet. However, based on the traffic counts they have already conducted at the location, and his understanding on how Walmart traffic works, Mr. Wyndham feels that we may meet the peak-hour warrants, but probably will not meet the warrants that cover the entire day. Chairman Agnew then asked if Walmart would be prepared to cover some of the cost of placing a signal at the Memorial Drive, F.M. 423 intersection. Mr. Galbreath stated that it was a little late to be asking Walmart to pay for a signal, and that Walmart would probably not react favorably if asked to do so now. Mr. Agnew replied that he understood that, and that there is more there to contribute to the need of a signal than just Walmart. Commissioner Hubbard asked Mr. Galbreath if this particular Walmart is a 24-hour store. Mr. Galbreath said "yes". Commissioner Hubbard expressed concern of the accesses between Lot 3 and Lot 2, and between Lot 4 and Lot 5, and left tums at both of those. At peak hours the traffic flow on State Highway 121 and F.M. 423, Commissioner Hubbard continued, would be below Class C. Mr. Wyndham stated that the traffic flow is well 5 below Class C, in fact it is Class F. Commissioner Hubbard then questioned Mr. __ Wyndham if he agreed that with such traffic, could there possibly be a concern of the health, safety and welfare of people trying to make left-hand tums at said accesses? Mr. Wyndham agreed that that is the case, especially in peak hours. Commissioner Hubbard asked Mr. Wyndham what he considers "peak" hours for traffic flow. Mr. Wyndham estimated that the peak hours are between 7 a.m. and 8 a.m., and between 5:30 p.m. and 6:30 p.m.. Commissioner Hubbard asked if Walmart would consider placing "no left hand turn" signs at peak hours only between 6 a.m. to 9 a.m. and 4 p.m. to 7 p.m.? Mr. Galbreath stated that if that was the Commission's recommendation, he could discuss it with Walmart if the hours are stipulated. After some discussion the hours of 6:30 a.m. to 8:30 a.m. and 4:30 p.m. to 6:30 p.m. were stipulated. Commissioner Arteritano expressed concem over the 25' firelane that runs between Lot 1 and Lot 2. The concern was over the fact that more cars would want to exit from the northwest driveway onto Memorial Drive. The 25' firelane would be fairly narrow to accommodate such traffic. Mr. Wyndham stated that there is 150' of stacking on Memorial Drive and that stacking should be sufficient. Commissioner Lynch asked if the concrete turning islands in driveways two and three along State Highway 121 were taken out. Mr. Persaud stated that the Texas Department of Transportation would not allow them to be raised. Therefore, they will be striped. Mr. Galbreath stated that he was under the impression that the concrete islands were okay. However, per Texas Department of Transportation guidelines, Walmart will go with the striping. Commissioner Todd now summarized the Commissions' stipulations: 1. The return of a photometric study; 2. Between Lots 2 and 3, a possibility of restricting left mm movement between 6:30 a.m. to 8:30 a.m. and 4:30 p.m. to 6:30 p.m., egress only subject to traffic signal review; 3. Between Lots 4 and 5, a possibility of restricting left turn movement between 6:30 a.m. to 8:30 a.m. and 4:30 p.m. to 6:30 p.m., egress only; and 4. A note to satisfy the Texas Department of Transportation requirements on the striping of the islands. Motion to Recommend Approval of 98-SP001 Lots 1-7 of the Walmart Addition based on Staff stipulations, and as amended by Commission stipulations for the return of a photometric study; Between Lots 2 and 3, a possibility of restricting left turn movement between 6:30 a.m. to 8:30 a.m. and 4:30 p.m. to 6:30 p.m., egress only subject to traffic signal review; Between Lots 4 and 5, a possibility of restricting left turn movement between 6:30 a.m. to 8:30 a.m. and 4:30 p.m. to 6:30 p.m., egress only; and a note to satisfy the Texas Department of Transportation requirements on the striping of the islands, not intended to leave Walmart in a position where they have to comply outside of the Texas Department of -- Transportation standards Commissioner Todd; Second Commissioner Arteritano. Motion carried 7-0. 6 3.4 98-SP002 Lot 1, Block A, Paige/South Colony Addition: Request for approval of a Site Plan for the proposed Laundromat, Lot 1, Block A, Paige/South Colony Addition, located on the north west corner of South Colony and Paige Road, in the B.B.B. & C.R.R. Co. Survey Abstract NO. 194 in the City of The Colony, Denton County, Texas. Mr. Persaud began his presentation by stating the Commission several weeks ago approved the Preliminary and Final Plats. In addition to the coin-operated laundromat, there will be some rent space for personal-service use. The Site Plan is in full concordance with City specifications. The developer will install a 4' sidewalk around the perimeter of the property. This is not included in the Staff Report as this updated Site Plan was obtained immediately prior to the meeting. Mr. Gerald Mitchell of 2575 Egan Rd., Denton, TX, applicant for the Site Plan, was present to answer any questions. Commissioner Hubbard asked how the drainage off the site would work. Mr. Persaud stated that a boxed-culvert would capture the drainage and take it off-site. Commissioner Lynch asked if the fire hydrant is located between the sidewalk and the curb. Mr. Mitchell stated that the fire hydrant was indeed located outside the sidewalk next to the curb. Commissioner Lynch then inquired about the turning radius located at the northwest comer of the building as to whether it was a 20' radius or a 22' radius. He expressed concern as to whether a 20' radius is not allowed. He recalls that the allowable limit is 22'-25'. Mr. Persaud stated that the Site Plan has been reviewed and approved by the Fire Marshall, and that he had no problem with the Site Plan. Commissioner Lynch stated that he would like to show the turning radius as to what conforms with code rather than an approval by the Fire Marshall. Mr. Persaud stated that the issue would be researched to ensure the radius is within City specifications. Commissioner Arteritano stated that the proposed sidewalk does not abut an existing 4' sidewalk. There is no continuity as it is an independently standing sidewalk. Mr. Persaud stated that the commissioner was right. However, the only time you have to maintain continuity and observe a uniform sidewalk width is when the two adjoining properties have existing sidewalks. Then there would be an issue as to the nature of the proposed sidewalk. Mr. Persaud also explained that staff would like to ensure consistent application of the City standards. Commissioner Lynch asked Mr. Mitchell about the nature of the 1200 square foot personal service use on the Site Plan. Mr. Mitchell stated that the area would be rental space for other businesses. An example would be a barbershop. Mr. Persaud added that 7 whatever is placed in the building would have to meet the zoning ordinance, and if not it __ would require a specific use permit. Commissioner Lynch asked if the personal use area of the building and its second entrance would be accessible from the present location of the handicap parking spaces. It was concluded that the present location of the spaces are within the Americans with Disabilities Act stipulations in terms of accessibility. Mr. Mitchell added that he has been working with an Americans with Disabilities Act liaison during the preparation of the Site Plan. Commissioner Lynch asked what the size of the multi-tenant sign would be. Mr. Mitchell stated the dimensions would be 10' wide and 8' tall. Mr. Persaud stated that the sign is below the standard and will be in compliance with the City's ordinance. Motion to Recommend Approval of 98-SP002; Lot 1 Block A, Paige/South Colony Addition subject to Staff stipulations, and amended by a Commission stipulation that the firelane width and turning radius be in accordance and verified with City code, Commissioner Lynch; Second Commissioner Hubbard. Motion carried 7-0. 4. Public Hearing 4.1 98-SUP001 / SUP for Animal Clinic: A request for approval of a Specific Use Permit (SUP) to operate an animal clinic without outside runs at Lot 4, Block -- 1, Eckerd's Addition, located in the James L. Sparks Survey Abstract NO. 1179 and thc S.E. Hayes Survey Abstract NO. 648, in the City of Thc Colony, Denton County, Texas. Mr. Persaud began his presentation by stating that the site plan for this project has been approved previously. The applicant was under thc impression, at thc time, that the zoning for thc shopping center allowed for an animal clinic in thc building. Thc zoning does not allow for an animal clinic. Therefore, proceedings for a SUP were initiated. The negative impact of thc use upon thc adjacent uses was discussed. The most obvious negative impact would be the sound of the kennel permeating through the wall to the adjoining offices. This is addressed by more insulation in the wall and the floor. The applicant, Mr. Jerry Huffman of Silver Star Construction, 17101 Preston Rd., Suite 240, Dallas, Texas, and Greg Darbro, DVM, of 6805 Main St., The Colony, Texas 75056 were present to answer any questions. Commissioner Lynch asked what the method was for disposing of deceased animals. Mr. Darbro stated that the City animal control picks up the deceased animals and they are transported to the city-owned incinerator for a fee. Commissioner Lynch then asked if the animal clinic would need its own incinerator. Mr. Darbro said "no". They do have a freezer where deceased animals are stored until they are picked up. -- 8 Commissioner Lynch asked if Mr. Darbro would have a problem with not allowing the treatment of livestock in addition to the Staff stipulation of no treatment for horses or cattle. Mr. Darbro stated that he has treated ducks on occasion, as well as pot-bellied pigs and iguanas. Those are not primary patients as are dogs and cats. Commissioner Lynch asked if washing the clinic down requires any pre-treatment. Mr. Darbro stated that they do not generally wash anything down the drain. The majority of "messes" are picked up and disposed of properly. What is left-over is then washed down the drain, but is generally not any more toxic than regular household waste; essentially urine and feces. Mr. Huffman stated that the "drain" is essentially a recessed, high pressure commode. Commissioner Todd asked if part of the use for the animal clinic is an ovemight kennel. Mr. Darbro stated "yes". Commissioner Todd asked how they intend to move the animals around and walk them. Mr. Darbro stated that they clean up after the dogs when they walk them outside. Chairman Agnew asked how many SUP notices were sent out to surrounding property owners. Mr. Persaud stated that seven (7) were sent out and there were no responses. There was one phone call from a local resident who had no problem with the situation. Commissioner Lynch asked if the animal clinic intends to board animals for long lengths of time. Mr. Darbro stated that they do board animals from time to time, but it is a not a large part of their operation. It is routine, however. Commissioner Arteritano asked whether the kennel area or the treatment area produces the most noise. Mr. Darbro stated that the kennel area produces the most noise as opposed to the treatment area. The kennel is sound-proofed. Commissioner Arteritano expressed concern about noise still permiating through the walls for the simple reason that the two offices are immediately next to each other. Mr. Darbro stated that at his present location they have never received any noise complaints. Mr. Huffman stated that the walls have an almost sound-proof rating and are two-hour fire walls. Commissioner Arteritano asked if it was possible to move the kennel from the interior wall or would that interfere with the circulation within the animal clinic. Mr. Drabro stated that they could flip-flop the floor plan, but then a dogward would be adjoining the interior wall. The dogward, Mr. Darbro continued, is as loud as the kennel. Motion to approve 98-SUP001/SUP for Animal Clinic subject to staff stipulations, and to close the public hearing, Commissioner Hubbard; Second Commissioner Lynch. Further Discussion Commissioner Lynch asked if the building has fire-sprinklers. Mr. Huffman stated "no". Each suite is separated by a firewall. 9 Motion passes 7-0. __ 5. OTHER BUSINESS Commissioner Lynch initiated discussion about making a recommendation to City Council to place four (4) lanes in Memorial Drive instead of two (2). Mr. Persaud stated that he would draft a memo to the City Manager stating such a concern. Commissioner Hughes questioned Mr. Persaud if Memorial Drive is constructed with four lanes, would a traffic signal be merited. Mr. Persaud stated that it would still be subject to a warrant study Commissioner Lynch stated that he would like to impress upon City Council that, while all of the developments around the State Highway 121 and FM 423 intersection are in compliance with the law, cumulatively the location is getting out of hand. Chairman Agnew stated that the intersections are not that bad. It is when the traffic comes to a stop that poses the problem. Next, Commissioner Arteritano asked if there is a map that shows where the proposed ramps for State Highway 121 are located. Knowing where the ramps are could be detrimental to the placement of driveways on any proposed development. It would be a good document to have for reference. -- Next, Commissioner Arteritano stated that we do not have any variance request procedure. Mr. Persaud stated that the Staff would like to bring a procedure to the Commission some time in the future. There are certain legal ramifications involved that need to be considered. Consistent application is a must. Next, Commissioner Hughes asked as to what are the next major projects following Wal- Mart. Mr. Persaud stated the next meeting is February 10, 1998. Next, Mr. Persaud touched on the tentative agenda for the next meeting and some projects that are under consideration. 10 With no further business, the meeting was ad~mmedg~ 10:15 p.m. Agn ,esqf-~/ Chairperson ATTEST: Wade Shelton, Recording Secretary 11 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON February 10, 1998 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 l0th day of February 1998, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard Mike Lynch Dee Hughes Joe Arteritano Sondra Calhoun Charles Todd Staff: Harry Persaud, Director of Planning Wade Shelton, Recording Secretary Cliff Bormann, Building Official With seven (7) 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 13, 1998, and January 20, 1998. Commissioner Hubbard mentioned a correction to Section 3.3 (page 6) of the January 20, 1998 minutes. He stated the amendment from "Commissioner Hubbard asked if Wal- Mart would consider placing 'no left hand turn' lanes" to read "Commissioner Hubbard asked if Wal-Mart would consider placing 'no left hand turn' signs..." Motion to approve, with corrections, the minutes of the meetings held January 13, 1998 and January 20, 1998, Commissioner Todd; Second Commissioner Lynch. Motion passed 7-0. 3. CITIZEN INPUT: None. 4. ITEMS FOR CONSIDERATION: 4.1 98-FP002 Standridge Road Right-Of-Way: Request for approval of the final plat for Standridge Road Right-Of-Way, being a 3.942 acre tract located in the H. Hedgecox Survey Abstract NO. 533 and the A. Singleton Survey Abstract NO. 1138 in the City of The Colony, Denton County, Texas. Mr. Persaud began his presentation by stating that Standridge is shown on the Thoroughfare Plan as a two-lane collector street in the Ridgepointe development with a sixty (60) foot Right Of Way. From Memorial Drive to SH 121 the plan requires 120 foot Right Of Way for a six-lane divided arterial. From Memorial Drive to Office Creek the plan requires 80 foot Right Of Way for a four-lane undivided arterial. In the staff report it is shown how Standridge connects with the existing and proposed development. Mr. Persaud stated that based on earlier agreements between the City and Centex Development Co., Centex is only required to dedicate 60 feet of Right Of Way and construct a 37 foot back-to-back two-lane road. Staff recommends approval of the final plat with the following stipulation: the final plat is subject to approval by the City Engineer in accordance with City of The Colony specifications. Mr. Persaud continued stating that the land on the West side of the plat, when developed, will provide the additional Right Of Way to the proposed street. The City will work closely with the City of Lewisville to ensure implementation. Commissioner Lynch asked Mr. Persaud to specify the length in terms of feet as to where additional Right Of Way would be furnished in the future. Mr. Persaud, utilizing the final plat, stated that from South of Memorial Drive (Kennepac Road) is to be a six (6) lane divided arterial. Therefore an additional 60 feet would be required to be dedicated -' on the West side. North of Memorial Drive to Office Creek is to be 80 feet of Right Of Way, therefore an additional 10 to 20 feet would be required. Specifically, from the intersection of Kennepac Road to curves C3 and C4 would require an additional 20 feet, and from C4 up to Office Creek through curve C5 would be 10 feet. Commissioner Lynch asked if Mr. Persaud consulted city documents or Carter and Burgess regarding Centex Development Co. being bound to a 60 foot Right Of Way and a two-lane road. Mr. Persaud answered that he did have the city records. Commissioner Lynch expressed concern over the fact that Centex is now bound to such a road when the original plan called for a four-lane road. The Thoroughfare Plan also includes this stipulation. Commissioner Lynch asked Mr. Persaud since the Thoroughfare Plan calls for Standridge Road to be a four-lane road, is not Centex obligated to construct just that? Mr. Persaud stated that Centex is not obligated. He added that future developers on the West side of Standridge Road would be required to dedicate the additional half of the Right Of Way. Commissioner Lynch then asked if the City of The Colony could look forward to having a four-lane undivided (4U-A) road in that location. Mr. Persaud answered by stating that the developer is currently obligated to do no more than construct a two-lane, 60 foot Right Of Way road. Commissioner Lynch then asked if future development would be required to dedicate the additional Right Of Way, per the Thoroughfare Plan, or be subject to either an exception or denial. Mr. Persaud stated that is correct. However, he continued, such a dedication (the additional two-lanes of roadway) would be required as development occurs on the west side of Standridge. 2 Chairman Agnew asked who owns the surrounding land to the plat. Mr. Persaud answered that Centex owns all of the land in question. Chairman Agnew stated that now would be the time to get all of the Right Of Way and it would be done with. Is that possible? Mr. Persaud stated that based on the documentation that the City has it would be difficult to push that question. The reason being that it would be inconsistent with the agreement. At this point in time, we could request, but not require that additional dedication. Commissioner Lynch asked why Centex would not dedicate the full 80 feet now. Terry Mitchell of Carter and Burgess, 7950 Elmbrook Dr., Suite 250, Dallas, Texas was present to answer any questions. Mr. Mitchell stated that back when the bond was passed the Thoroughfare Plan called for a 60 foot Right Of Way from Kennepac Road continuing north. From Kennepac Road continuing south was listed as a six-lane divided road, with 60 feet of Right Of Way in The Colony and sixty feet in Lewisville. The agreement between all of the involved parties was that the city limits between the two cities would be the dividing line of the Right Of Way. Now the Thoroughfare Plan has been changed and calls for the 80 foot Right Of Way. When the bond was set up it was 60 foot. Therefore, the plat shows the 60 foot Right Of Way (half of the 120') and then a flair to 70 feet of Right Of Way, ending in the 60 foot Right Of Way to join the Ridgepointe subdivision. After the bond was done, Carter and Burgess prepared a dedication document for 60 feet of Right Of Way that followed the existing alignment. It was discovered this past summer that the document was not filed. Carter and Burgess realize that, in the future, an additional 10 feet of Right Of Way would have to be dedicated out of the City of Lewisville, which Centex owns. However, their construction commitment is only for 37 feet of roadway. Mr. Mitchell stated that it is a legal question as to who is responsible for the additional roadway if the City changes the Thoroughfare Plan. Centex voluntarily agreed to dedicate the additional 10 feet of Right Of Way on the City of The Colony side of the road, and the additional 10 feet of Right Of Way in the City of Lewisville. It is just because it is not in the City of The Colony that it is not included in the final plat. Commissioner Lynch expressed concern about the 60 to 70 foot flair above the Memorial Drive (Kennepac Road) and Standridge Road intersection. Mr. Mitchell stated that the flair is as such to include a median in the 70 foot section of the road. Commissioner Lynch asked Mr. Mitchell if he could supply a letter stating the intention of the developer to dedicate the remaining 10 feet from the City of Lewisville. Specifically, "the additional Right Of Way on the West side of the road will be brought in from Lewisville to accomplish the full 80 feet which we require to construct a 4U-A". Mr. Mitchell said that that was no problem. Commissioner Todd asked Mr. Mitchell if we could assume that the 10 feet is going to be coordinated with the other 70 feet when it is built. Mr. Mitchell stated "yes". 3 Chairman Agnew asked if this final plat is the exact plat that was approved as a preliminary plat? Mr. Mitchell said an alignment study was completed. Normally for street Right Of Way dedications preliminary plats are not required. However, both the Planning and Zoning Commission and the City Council approved an alignment study that indicated this very arrangement. Chairman Agnew asked if this plat is being sought now because Centex is looking to develop or is it because the bond is expiring? Mr. Mitchell stated because the bond is expiring. Commissioner Arteritano asked what is the name of the street? There appeared to be some variation on the designation. Commissioner Lynch asked if Standridge could be called "Standridge" until it is time to deal with the name upon development. That was the consensus of the commission. Motion to approve 98-FP002 subject to the recommendations of staff stipulations and to be noted that the road is to be known as "Standridge" at this time and with the understanding that the additional Right Of Way will be dedicated in the future from the City of Lewisville through Centex Development Company to accomplish what is required for a 4U-A road from Office Creek to Kennepac Road, Commissioner Lynch; Second Commissioner Arteritano. Motion carried 7-0. 4.2 98-FP003 Stewart Peninsula, The Heights, Phase I: Request for approval of the final plat of Stewart Peninsula, The Heights, Phase I being a 10.054 acre tract located in the Patrick O'Leary Survey, Abstract NO. 978 in the City of The Colony, Denton County, Texas. Mr. Persaud began his presentation by stating that the City Council approved a preliminary plat for Cypress Cove, Stewart Peninsula in December of 1996. The Heights are included in that plat. There are 42 single-family lots that are all over 6,000 sq. ft. There is also a pocket park situated on just over 10,000 sq. ft. The Park Dedication Ordinance required the developer to consider park dedication requirements. The Parks Board will be considering the dedication of 8.27 acres and Staff will report their recommendation to City Council. Also, the lot dimensions are well within City specifications. Staff recommends approval with three stipulations: 1) the engineering plans be in accordance with City specifications, 2) Homeowners Association agreement shall be filed with the final plat, and 3) Parkland dedication to be approved by the Parks Board. Rusty Nichols with Stewart Peninsula Development Partners, 4809 Cole Ave., Suite 145, Dallas, Texas, and Russell Fielder with Carter and Burgess, Inc., 7905 Elmbrook Dr., Suite 250, Dallas, Texas were present to answer any questions. Mr. Nichols stated that the golf course is the 8.27 acres that will be gifted to the City in ~ exchange for the City leasing it back. 4 Chairman Agnew asked Mr. Persaud if there has been any change in the number and size of the lots from the preliminary plat to the final plat. Mr. Persaud stated that there have been some changes in terms of the number of lots. There now are 43 lots as opposed to 46, which results in larger lots. This complies with the net density. Mr. Nichols added that there were actually 4 lots lost, one which became the park lot. Commissioner Hubbard asked Mr. Persaud if it is procedure for parkland dedication to not come before the Planning and Zoning Commission. Is the procedure to go through the Park Board straight to City Council, or is this an isolated incident? Mr. Persaud stated that under normal circumstances, such issues would be brought before the Planning and Zoning Commission. The current situation allowed for Staff to recommend the route through the Parks Board before heading to Council. Therefore, this was an isolated incident, but it could become more prevalent in the future. Commissioner Hubbard stated that he thinks it is extremely important for this type of issue to go through the Parks Board. He would not like to see it bypass the Planning and Zoning Commission, however. Chairman Agnew asked at what stage does parkland dedication arise. Is it during the preliminary plat? Also, should not the commission ensure that the required acreage is there, while the Parks Board takes care of the details? Mr. Persaud stated that the preliminary plat is where Staff would inform the commission of parkland dedication. Commissioner Todd asked that come the final plat, the Parks Board will have seen everything, based on Chairman Agnew's recommendation, and that the commission is seeing the final plat? Mr. Persaud answered "no". Commissioner Todd stated that he then would have to agree with Commissioner Hubbard. He stated that he does not feel comfortable making a recommendation to City Council having not heard all the entities opinions and justifications, and that should be a part of what we do here. He does not have a problem with the process during the preliminary plat, however. Mr. Persaud stated that in the future during the preliminary plat the parkland dedication process will be explained to the developer so that will be reported to the commission. Mr. Nichols wanted to clarify that when this park dedication of 8 acres came up it was before the preliminary plat was filed, two years ago. At that time the parkland dedication ordinance was not in place. This commitment was made at that time with Pam Nelson. The pocket park was put in place with the understanding that the Homeowner's Association would maintain it, and they will. However, the 8 acres was agreed to a long time ago when they were considering the original concept of the golf course. Chairman Agnew asked if the 8.27 acres touches any part of the final plat that is being considered right now. Mr. Persaud answered "no". Chairman Agnew continued by asking why are they even concerned with it now. Mr. Persaud stated that the 8.27 acres is an issue now because the question that arises is "where is the land that meets this dedication requirement"? Ideally, this can be answered on the plat itself. Here this is not the case due to circumstances that were initiated over two years ago. Mr. Nichols stated that throughout the planned community, it would not make sense to have many scattered one-acre parks. It makes more sense to build something useable. Commissioner Lynch asked Mr. Nichols if the 8.27 acres is a magic number to meet the requirements of the dedication. Mr. Nichols stated that the required acreage is actually lower that what is allotted. The 8.27 acres is in excess to the requirement. Mr. Nichols now elaborated on the location and nature of the 8.27 acres and the golf course. The facility was to be a par 3 facility. After some thought, the golf course was expanded to allow for more elaborate holes and more than just par 3's. After purchasing the "Johnson Tract", the golf course was expanded to meet the planned expansion of the course. This is the 8.27 acres that is in question. Commissioner Calhoun asked Mr. Nichols if they plan to build more small (pocket) parks as the rest of the development is realized. Mr. Nichols stated that there is one more park that is shown in the Planned Development. It will include an "adult" pool to match the existing pool facility. There will also be a linear park along the shoreline. Motion to approve 98-FP003 Stewart Peninsula The Heights subject to Staff stipulations, Commissioner Hubbard; Second Commissioner Todd. Motion carried 7-0. 5. OTHER BUSINESS 5.1 Receive a report, hold a discussion and consider approval ora public hearing procedure. Mr. Persaud began his presentation by stating that the current operation is fine. Other cities do have a procedure for conducting a public hearing which is fair to everyone. The procedure is such that the Chair opens the public hearing, and an overhead slide of the procedure put up for the public to see. This allows the citizens to see the procedure so they know how much time they have to speak. Mr. Persaud then read through the proposed procedure. Commissioner Lynch asked about Step 6 and whether the step can be repeated. Chairman Agnew stated that the procedure is sequential. Commissioner Lynch asked for clarification o£the required three votes to allow for a continuation for speaking (the section immediately following #8). Chairman Agnew stated that he does not prefer a hard number there, but equally does not like the idea of requiring a majority vote to allow for the continuation of a speaker. Perhaps the majority minus one would be a good solution. Commissioner Lynch expressed concern about using the word "vote" and would prefer to use the term "consensus" or a similar word. Chairman Agnew asked that "closed session" read "executive session". 6 The changes to the Procedure for Public Hearing are as follows: "vote" will now read as "consensus", "three members of the commission" will now read as "a majority minus one", and "closed session" will now read as "executive session". Discussion of the public hearing procedure is completed. Commissioner Hubbard stated that when AlbertSon's was built, on the East end of the building when development began to occur there, he would not approve any development that did not allow for a cut between the buildings to allow for egress to the apartments. Discussion on this issue is completed. Mr. Persaud presented a proposed building change to Ridgepointe, Phase III. In the cul- de-sacs there is a 20' setback from the street. The developers have asked for a 15' setback. The requested 15' setback is in accordance with our zoning ordinance. The zoning ordinance also allows the Planning Director to amend minor details of Planned Developments. Now, Mr. Persaud is coming to the commission to get their input on the issue. The 20' setback was not stipulated in the Planned Development, however, they were platted as such. That is the reason for their request. The commission did not have a problem with the change. Discussion on this issue is completed. Mr. Persaud began discussion on Commissioner Lynch's request for adoption of the National Fire Code regulations in terms of requiring development to install fire sprinklers under certain conditions. The National Fire Code regulations are tougher than the Uniform Building Code regulations in terms of fire sprinkler requirements. Commissioner Calhoun asked if the commission could see what other surrounding cities are doing in this area, specifically in terms of cost. Commissioner Todd expressed his support of the proposal. Firewalls are not all they are described to be and are not effective. Mr. Bormann stated that Inspections is about to enter a code revision period. All codes are to be updated, including fire codes. Chairman Agnew asked if Mr. Bormann was going to take this to Council? Mr. Bormann said that they were spearheading the update of all codes. They are looking at other cities for input. The timeframe is within six months. Chairman Agnew asked if the timeframe for following up and taking action on this issue could be implemented into a Planning and Zoning Commission goals document. This will ensure the item is not forgotten. Therefore, part of the Commission's Goals for the 1998 year is to look into and take action on the update of fire codes as a recommendation to the City Council. Commissioner Todd requested that Mr. Persaud inform Council that this is an action being undertaken by the Commission so that when the recommendation is forwarded to Council it will not be a surprise. Chairman Agnew asked for the Commissioners to formulate some goals to be considered for a formal goals document for the first meeting of March. 6. STAFF REPORT Mr. Persaud went over the COG training course scheduled for March 13. Any interested commissioner may attend. The City will pay the cost. Please let him know at least a week before the meeting. In June the Southwest Legal Foundation will have more technical sessions available to the commissioners. Mr. Persaud continued by stating that "The Planning Commissioners Journal" is up for renewal. That will be done for the commission. Comfort Suites will be at the next meeting for a zoning change request. The Staff will have the Planning and Zoning Commission packets ready on Thursday by 5:00 p.m. instead on Friday. Commissioner Arteritano reported that the 423 Corridor Coalition had a meeting last Thursday. The county has decided to move forward with the program assessment and preliminary studies and the development schematic for the widening of FM 423 from SH 121 to 380. With no further business, the meeting was adjo~med~8:30 p.m. (~~~Cha~rpg~rso~Y ATTEST: Wade Shelton, Recording Secretary 8 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON February 24, 1998 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 24th day of February 1998, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard Mike Lynch Dee Hughes Joe Arteritano Sondra Calhoun Charles Todd Staff: Harry Persaud, Director of Planning Wade Shelton, Recording Secretary With seven (7) members present, a quorum was established and the following items were addressed: Item 2 is moved to the end of the meeting by Chairman Agnew. 3. DISPOSITION OF MINUTES: Approval of correction of Planning and Zoning Commission Minutes held on February 24, 1998. Motion to approve the minutes of the meetings held February 24, 1998, Commissioner Todd; Second Commissioner Lynch. Motion passed, 7-0. 4. CITIZEN INPUT: Lonnie Teague of 5900 Fox Drive, The Colony, is here on the behalf of Jurgen Hesselbeck who wants to build a stucco home in The Colony. Chairman Agnew stated that the issue will be addressed in Other Business. Item 5 is now moved due to the absence of the petitioner for Item 5.1. 6. OTHER BUSINESS 6.1 Receive a report, hold a discussion and give staff direction with regard to amending Section 17-106 of the zoning ordinance. Mr. Persaud began his presentation by stating that Staff has received a 1 Planning and Zoning Commission 2/24/98 request to allow EIFS building construction. The current zoning ordinance does not allow any other building material other than brick exterior walls. Therefore, no EIFS construction is allowed. Other surrounding cities allow EIFS construction. The technology of stucco construction has advanced greatly in the past several years. There are systems in place to allow the stucco to drain and not trap water. The choice for EIFS construction is one that should be allowed to homebuilders in the City. Mr. Persaud stated that this is just a discussion item to give direction to the Staff for a proposed ordinance change. Jurgen and Kelly Hesselbach of 4136 Howard Ct., The Colony, Texas, were present to discuss the item. Mr. Hesselbach stated that he purchased the lot three years ago. He stated that he was told at the time that the ordinance allows for masonry. Therefore he thought stucco was included in that stipulation. He continued by stating that he has contacted many stucco manufacturers for information on the technology. EIFS (Exterior Insulated Finish System) construction now comes with warranties and the design is much more advanced than conventional stucco. With that in mind, he stated, he asks the City to consider his proposal to allow stucco construction for residential development. Brad Nevil of Nevil Masonry Supply, 6000 Split Trail Rd., Plano, Texas, made a presentation on stucco construction. He handed out information pertaining to EIFS stucco construction. Mr. Nevil stated that water penetration problems with stucco have been addressed with the advent of water management systems. Commissioner Hubbard asked if EIFS is a generic trade name or a trademark. Mr. Nevil stated that it is a trade name. Commissioner Hubbard asked what is the percentage of cost over brick for an EIFS system. Mr. Nevil stated generally a 20% to 30% increase over brick, depending on construction. Commissioner Todd asked when Mr. Hesselbach was planning on starting construction. Mr. Hesselbach answered toward the end of May or beginning of June. Chairman Agnew asked if they could direct the Commission to any local examples of an EIFS system. Mr. Nevil stated that he could give the Commission many examples (addresses) of EIFS construction. Grapevine Mills Mall is a good example. Mr. Persaud stated that he knows of many homes in Plano that have EIFS systems. Mr. Hesselbach stated that there are some homes on Wynwood Peninsula that have EIFS construction. Commissioner Lynch stated that there have been some stucco homes that have recently had some problems in North Carolina with water seepage. He stated that if the construction is done right, then there should be no problems as such. Mr. Nevil stated that that is correct. 2 Planning and Zoning Commission 2/24/98 Commissioner Lynch asked if the ordinance is changed, how do we ensure the installation is by trained professionals. Mr. Nevil stated that in order for someone to come and buy material from him, they would have to be a certified installer by the manufacturer. Commissioner Calhoun asked how this could be regulated. What standards would the installer have to meet. Mr. Persaud stated that an ordinance could be worded to stipulate regulations of that nature. Another concern, Mr. Persaud stated, is that the expertise to inspect such systems is not readily available to many cities. That is another reason that the ordinance could state that installation be in accordance with manufacturer specifications. Mr. Nevil stated that the first thing that he would recommend would be that the City specify that the product be manufactured by an EIMA member. Also, the City should require ICBO standards. Commissioner Arteritano asked how durable is EIFS. Mr. Nevil stated that it is fairly durable. In places that would be considered at higher risk on contact, a high-impact mesh is used. It is easy to repair, however. In terms of warranty, the standard system carries a five (5) year warranty. You can get as much as a fifteen (15) year warranty on the heavy- duty mesh walls. Commissioner Todd asked if drainage systems are an upgrade to the standard system. If we pass an ordinance, will we have to include a stipulation that addresses drainage systems? Mr. Nevil stated that that is correct. Drainage systems are an option. The approach to take is that there is nothing wrong with the standard system if it is installed properly. Commissioner Hubbard asked how does EIFS respond when the foundation settles? Mr. Nevil stated that the finish coat will give, to a certain extent. Incidental movement will not crack the system. He has not heard of any reports of cracks in the system on any projects in the area as of yet. Commissioner Lynch asked what the R-rating is on the walls. Mr. Nevil stated that on a standard 1 ½" system, it is about 5.2 additional R-rating. It is higher than that of brick. Chairman Agnew asked how difficult is it to repair EIFS wall? Mr. Nevil stated that the process is not difficult to repair; certainly easier than brick. Chairman Agnew asked if the Commission was in consensus with pursuing an ordinance change to allow for an EIFS system. It appears to be. Mr. Persaud asked what type of costs could the homebuyers expect. Mr. Nevil stated that an EIFS system will be more expensive than brick. It is an upgrade to brick. Also, the labor costs are higher due to the stringent installer licensing requirements. In the long 3 Planning and Zoning Commission 2/24/98 run, the homeowner can expect energy savings over time because of the additional insulation. Commissioner Arteritano asked if there are some numbers that illustrate the cost per square foot of standard EIFS over EIFS with a drainage system. Mr. Nevil stated that the drainage system is more expensive. He does not have the exact numbers handy. It is not a drastic differential. The cost of the materials would vary from 30 to 50 cents per square foot. The drainage system is about 15% higher overall over the base system. Lonnie Teague of Preston Grove Homes, 5900 Fox Dr., The Colony, Texas, stated that they do not encourage any non-drainage systems in their projects. The cost is about $5 to $8 per square foot depending on trim. The trim adds a lot to the cost of stucco because of the handwork involved. Stucco, depending on the style of the house can be anywhere from 30% to 60% more than brick. Chairman Agnew stated that he would like to see an amendment to the ordinance drafted that included a requirement for EIFS with a drainage system and ICBO requirement and EIMA manufacturers. Commissioner Todd asked when Staff would have a draft for the Commission to look at. Mr. Persaud stated that something will be on the agenda for the next Planning and Zoning Commission meeting. Chairman Agnew asked if Mr. Persaud could notify City Council of the Commissions intention to move forward with the ordinance amendment. Mr. Persaud stated that he will make a report to Council on this during Staff Reports. 5.0 PUBLIC HEARING 5.1 A request for approval of a zoning change to amend Planned Development PD-11 to provide for a three story building on a 1.722 acre tract of land located on the southwest corner of Memorial Drive and Blair Oaks, situated in the T. Wilson Survey, Abstract NO. 1352, Denton County, Texas. (98-Z002) Mr. Persaud began his presentation by showing the Future Land Use Map to the Commission. The area in question is across the street from existing three-story apartments. The proposal for the zoning change was initiated by Comfort Suites which wishes to construct a three-story building on said area of land. The zoning proposal is consistent with the comprehensive plan. Before PD-11 was created, the zoning for the area was Business Park "BP". "BP" zoning allows for up to twenty (20) stories. "BP" is also the zoning classification for the land across the street from PD-11, the desired location for the Comfort Suites. The General Retail "GR" zoning that PD-11 currently stipulates only allows for two-story structures. Staff feels that the allowance for a three story structure within PD-11 would be in conformance with surrounding zoning and will not have any negative effects. Staff recommends approval of the zoning change. 4 Planning and Zoning Commission 2/24/98 Property owners within 200 feet were notified of the zoning change, and at this time no responses were received. Alan Hoffmann, of Alan Hoffmann Company, 1920 Abrams Parkway #341, Dallas, Texas is present to answer any questions. Commissioner Hubbard asked Mr. Persaud if the zoning change is consistent with an existing plat or would another plat need to be filed afterwards. Mr. Persaud stated that after the zoning change a plat will be filed. However, what is under consideration here is the zoning change, nothing else. Mr. Persaud stated that he encouraged the land owner to change the height restrictions throughout the entire Planned Development. However, the owner declined to do that. Therefore, the zoning change is restricted to the individual site within the Planned Development. Chairman Agnew asked how many rooms the hotel will have. Mr. Persaud stated that the hotel will have 71 rooms. Commissioner Calhoun asked what is the typical capacity of the hotel. Mr. Hoffmann stated that the hotel aims for 60% capacity or better. The developer is in the midst of a marketing study, however, they feel comfortable with that figure. Commissioner Todd asked that if the developer is in the middle of a marketing study, does that mean that there is not a firm commitment to build this Comfort Suite? Mr. Hoffmann stated that they are in a firm commitment to build the Comfort Suite. Their lender requires a marketing study. Chairman Agnew asked if the zoning change was approved, what type of time frame is the developer looking at? Mr. Persaud stated that the zoning change will go before City Council on March 16, 1998. Then the platting will begin as soon as they can bring in the plats: probably late March to early April. Chairman Agnew asked what type of employment will be generated from this development. Mr. Hoffmann stated that it will add about eight (8) jobs, not all full-time. It all depends on the successfulness of the hotel. Motion to approve the zoning change for a three story building on a 1.722 acre tract within Planned Development PD-11 for the building of a Comfort Suites and to close the public hearing, Commissioner Lynch; Second Commissioner Hughes. Mr. Hoffmann asked that when the franchise comes up for renewal in ten to fifteen years, will the zoning still hold true to a "Comfort Suites" designation? Mr. Persaud asked to change the wording to say "three story limited service franchise hotel". Commissioner Lynch stated that it will not restrict them in the future. Chairman Agnew stated that he does not believe that the Commission could hold the zoning stipulation to something as Planning and Zoning Commission 2/24/98 specific as a name. Commissioner Lynch stated that the "limited service hotel" __ designation leaves the door open for any class of establishment. Chairman Agnew stated that the zoning for the property is all the Commission can recommend. Anything beyond that is not legal. Mr. Persaud added that zoning is not branded to a name, but to a tract of land. If any development meets the requirements of the zoning ordinance, then they can build there. The role of the Commission, he continued, is to determine the use of the land, not the name of the company that will be using the land. That is illegal. Motion to amend the motion on the floor to read as "three story building of a limited service hotel", Commissioner Lynch; Second Commissioner Hughes. Motion passed 7-0. 2. EXECUTIVE SESSION Chairman Agnew moved the Commission into Executive Session at 8:50 p.m. to discuss procedures of the Commission. The Executive Session ended at 8:52 p.m. 7. STAFF REPORTS Mr. Persaud stated that he would be making a presentation to the City Council on the roles and duties of the Development Review Committee (DRC). He then gave an overview of the DRC to the Commission and added that he will make a formal presentation to them in the future. -- Mr. Persaud stated that a representative from the Attorney General's office would be in town on Saturday from 1:30 to 3:30 at Christian Calvary building. He will be discussing the 4A and 4B board's roles and responsibilities in accordance with state law. Mr. Persaud stated that Friendship Baptist Church would be on the next agenda for the Commission on March 10, 1998. This will include the preliminary and final plats and the site plan. Mr. Persaud stated that Staff would be drafting some goals and objectives for the Commission, which will be brought to the Commission in the future. With no further business, the meeting was adjoumed at 9:10 p.m. Chairperson ATTEST: Recording Secretary 6 Planning and Zoning Commission 3/24/98 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON March 24, 1998 The Regular Session of the Planning and Zonin,gthCommission of the City of The Colony, Texas was called to order at 7:00 p.m. on the 24t day of March 1998, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard Mike Lynch Dee Hughes Joe Arteritano Sondra Calhoun Calvin Todd was absent (personal). Staff: Harry Persaud, Director of Planning Wade Shelton, Recording Secretary With six (6) members present, a quorum was established and the following items were addressed: 2. DISPOSITION OF MINUTES: Approval of correction of Planning and Zoning Commission Minutes held on February 24, 1998. Chairman Agnew asked that Commissioner Charles Todd be referred to as Calvin Todd in the minutes. Motion to approve the minutes of the meetings held February 24, 1998, Commissioner Hubbard; Second Commissioner Calhoun. Motion passed, 6-0. 3. CITIZEN INPUT: None. 4. ITEMS FOR CONSIDERATION: 4.1 A request for approval of the preliminary and final plats for Lot 1, Block 1 of Friendship Baptist Church Addition, being a 5.998 acre tract located in the T. Wilson Survey, Abstract NO. 1352 in the City of The Colony, Denton County, Texas (98-PP002/98-FP004). Planning and Zoning Commission 3/24/98 Mr. Persaud began his presentation by stating that the proposed site is for the construction of the Friendship Baptist Church. The preliminary plat and the final plats were combined on the agenda for simplicity. There is a Right Of Way dedication on FM 423 to meet the Right Of Way requirements for future expansion. There is an easement from Daily Street that crosses land owned by the applicant that allows access to the lot that fronts on FM 423 and is south of Daily Street. Daily Street dead ends into the Friendship Baptist Church Addition, therefore, one of two things must be done. One is to provide a turnaround at the end of the street. The other alternative it to abandon the Right Of Way of Daily Street and make it a private driveway. In order to abandon the Right Of Way, the Colony Banking Center to the North of Daily Street would have to agree to the abandonment. At this time they have not agreed to do so. Therefore, we must assume that the way to go now is via the on-site turnaround for the preliminary and final plat. The preliminary plat shows all water and sanitary sewer lines to the property. All necessary easements are shown. Staff recommends approval with the stipulations that 1.) the turnaround be shown on the plats, and 2.) that the engineering plans be approved in accordance with City specifications. Sedi Toumani of Dal-Tech Engineering, Inc., 17311 Dallas Parkway, Suite 200, Dallas, Texas, was present to answer any questions. Commissioner Lynch asked about the cross easement from Daily Street to the property south of the property. Will the easement remain whether Daily Street is abandoned or not? Mrs. Toumani stated that the easement will stay. Commissioner Lynch continued by questioning the necessity of a turnaround at the end of the street. Mr. Persaud stated again the two options; abandon Daily Street and treat it as a private drive, thus eliminating the need to meet City standards by requiring a cul-de- sac, or leave Daily Street alone and require a turnaround on site. The on-site turnaround will keep vehicles from having to use private property to turnaround should they make the mistake of entering the dead-end street. This will reduce City liability and potential property damage to the owners. Commissioner Lynch asked if Staff was requiring additional dedication for the turnaround. Mr. Persaud answered "yes". Mr. Persaud stated that the plats were placed on the agenda for the evening with hopes that the Right Of Way abandonment issue would have been either resolved, or in the process of being resolved. This is not the case. Therefore, Staff recommends a stipulation to require the turnaround. Mrs. Toumani asked about the possibility of placing a "no outlet" sign at the intersection since Daily Street only serves the bank and the church. She feels that if a cul-de-sac is 2 Planning and Zoning Commission 3/24/98 constructed it will encourage public use. Therefore, safety will become more of an issue if it is constructed. Should not the firelane on the site be enough? Mr. Persaud stated that it is the Staff's responsibility to ensure that the City is not liable for any situations that may result from turnaround access on site via the firelanes. Staff can not recommend that a public street terminate without proper City specifications (a turnaround). Mrs. Toumani stated that the church is being asked to correct a problem that they did not create. She stated that the street itself is not constructed correctly, it is in disrepair, and drainage is bad. Commissioner Arteritano expressed concern about parking along Daily Street in terms of emergency access both on and off the site. Has the Fire Department reviewed the plans and signed off on it? Mr. Persaud stated that the Fire Marshall had no problems with the plans. Additionally, if a turnaround is provided, there should not be a problem with access. Commissioner Calhoun asked if the church took some area out of the strip adjacent to and south of the end of Daily Street, then could the required area for the turnaround be made? Therefore, a turnaround is made that curves into their property. Mr. Persaud stated that if we accept anything less that City specifications, then anything resulting from improper planning or layout will fall on the City's shoulders. Liability will be ours due to the fact that Daily Street is still a public street, and if we follow this scenario, a public street with a substandard turnaround. Staff can not recommend cutting comers. Chairman Agnew asked if there was any future in continuing discussions with the Colony Banking Center about the possibility of abandonment. Mr. Persaud stated that the bank does not want to take that responsibility as of this time. Mrs. Toumani asked about the possibility of changing Daily Street into a public access and utility easement. Therefore, the City will still be responsible for maintaining the easement, and any standards that concern street tumarounds will be unnecessary. Mr. Persaud stated that would not change the issue. Chairman Agnew stated that he would have some concern, from a Planning and Zoning Commissioners' standpoint, about going against the Staff's recommendation when it concerns public safety. Commissioner Calhoun stated that she feels that the church is being unfairly punished for situation that they did not create. However, she agrees with the safety issue. She continued by saying that she would like to see every possible avenue explored to resolve this issue. Commissioner Lynch stated that he would like to see a stipulation saying that if the Right Of Way abandonment for Daily Street does go through, then the turnaround on Daily Street stipulation is null and void. Along the same lines, to concern the maintenance fears of others, a stipulation stating that the Right Of Way is abandoned to the adjacent 3 Planning and Zoning Commission 3/24/98 property owners for as long as the church remains on the property. If the church decides to sell or relocate, Daily Street would revert back to the City's care in present or better condition than it was at the time the street was abandoned. Another solution would be to use the 30' strip of land as access via an easement. Motion to approve 98-PP002 and 98-FP004, the preliminary and final plat for the Friendship Baptist Church Addition, Lot 1 Blockl, subject to staff recommendations and the stipulation of a turnaround at the end of Daily Street be constructed that meets City specifications, and with the stipulation that if the abandonment of Daily Street becomes a reality before construction commences, the turnaround stipulation will become null and void, further if the abandonment does become reality and the church ceases operation, Daily Street will revert back to the care of the City in the same or better condition as when it was originally abandoned, Commissioner Lynch; Second, Commissioner Hubbard. Commissioner Arteritano asked that if the turnaround is added, then both the preliminary and final plats would have to be amended to show the expanded amount of Right Of Way dedicated to the City. Mr. Persaud stated that if that change is made, then they could simply amend that before going before the City Council. Chairman Agnew stated that that was part of the motion. Motion carried 6-0. 4.2 A request to abandon the Right Of Way for Daily Street. Mr. Persaud stated that in light of the stipulations on item 4.1, this request should be withdrawn for the time being. Sedi Toumani, the applicant for the abandonment, stated her intention to withdraw the request at this time. Commissioner Lynch asked Mr. Persaud that if the abandonment does become an issue again, will it come before the Planning and Zoning Commission? Mr. Persaud stated that the Commission has already given Staff direction on this issue in item 4.1. Therefore, Staff will take the request straight to the City Council, should it become an issue once again. 4.3 A request for approval of the site plan for Lot 1, Block 1 of Friendship Baptist Church Addition, being a 5.998 acre tract located in the T. Wilson Survey, Abstract NO. 1352 in the City of The Colony, Denton County, Texas. (98-SP003) Mr. Persaud began his presentation by stating that without the turnaround, the firelane will be intact as shown. The canopy over which the firelane passes meets code. Parking standards have been met based on the zoning ordinance. There is existing single family residential along the north most property line. A 6' wood fence and a landscape buffer 4 Planning and Zoning Commission 3/24/98 will be constructed to protect the residences. There is a stipulation regarding external lighting to ensure that light does not spillover onto the residential development. This site plan approval will require the same stipulations with regard to the turnaround and the abandonment. Buddy Siebenlist, with Muller and Siebenlist Architects, 212 Grande Blvd., Suite A-210, Tyler, Texas, was present to answer any questions. Chairman Agnew asked if the canopy clearance was 14' or 13'6". Mr. Persaud stated that he was not sure, however it met the fire codes. Chairman Agnew asked if the new fire engine with the ladder would be able to clear the canopy. Mr. Persaud stated that the Fire Marshall approved the plans. Chairman Agnew asked if the firelane was okay going along only two sides of the structure. Mr. Persaud stated that a firelane is not required around the building due to the fact that the building is fire sprinkled. Mr. Persaud also added that the location of the fire hydrants was correct. Commissioner Lynch asked the minimum height for a canopy is in the City Code. Mr. Siebenlist stated that he had consulted with Dave Wallace, Fire Marshall, about the canopy. He stated that it was originally shown as 12'6". The ordinance is clear that 13'6" is minimum. Therefore, the canopy was moved up one foot to 13'6". Commissioner Lynch asked if it would be a problem to move the canopy to 14'. Mr. Siebenlist said that he would rather not. Commissioner Lynch asked where the berms are located. Mrs. Toumani stated that the berm was originally situated at the southern boundary of the site. That is no longer necessary since there is no longer a flume at that location. The contour of the property allows for the landscaping and fence along the north property line to not necessitate a berm. Mr. Siebenlist asked if both the fence and the landscaping are necessary along the north property line. Chairman Agnew asked if the church could accept both landscaping and fence, but wait a period of 24 months before landscaping, and could the City require that? Commissioner Lynch stated that the fence is there to not allow access to the site from the alley. A treated wood fence at that location would require a good amount of maintenance. Commissioner Lynch continued by stating that he would like to see the landscaping in lieu of the fence for aesthetic and maintenance purposes. Commissioner Lynch asked the church what they would rather have, the fence or landscaping? Mr. Siebenlist stated that the landscaping would be better. Commissioner Hubbard asked how the water that is draining down the roadway is going to drain. Mrs. Toumani stated that a y-flume will take care of the drainage from the storm sewer. Commissioner Arteritano asked that the flume on the south side of the property is still planned. Mrs. Toumani stated that it is. The flume is only partially shown on the site 5 Planning and Zoning Commission 3/24/98 plan since all of the engineering details have yet to be worked out. It is conceptual at this time. Mr. Persaud stated that one of the Staff's stipulations is that the engineering plans are to be approved by the City Engineer based on City specifications. Chairman Agnew asked if the church plans on having a bell tower. No, there is no bell tower. Motion to approve 98-SP003, site plan for Friendship Baptist Church, subject to Staff recommendations and the stipulation of the allowance of landscaping in lieu of a wood fence along the north property line adjacent to the existing residential development, Commissioner Arteritano; Second Commissioner Calhoun. Commissioner Lynch amended the motion to include: The stipulation of a turnaround at the end of Daily Street be constructed that meets City specifications, and with the stipulation that if the abandonment of Daily Street becomes a reality before construction commences, the turnaround stipulation will become null and void, further if the abandonment does become reality and the church ceases operation, Daily Street will revert back to the care of the City in the same or better condition as when it was originally abandoned. Motion carried, 6-0. 4.4 A request for the approval of a final plat for Lot 9, Block 1, Colony Plaza Addition, being a 1.72 acre tract located in the T. Wilson Survey, Abstract NO. 1352 in the City of The Colony, Denton County, Texas. (98-FP005) Mr. Persaud began his presentation by stating that the City Council did hold a public hearing on the zoning for the site, and an ordinance is to be prepared for their approval. The Right Of Way on Blair Oaks Drive requires a dedication of 10', as is shown on the plat. The developer will construct Memorial Drive from Blair Oaks Drive to the existing Memorial Drive to connect FM 423 to Blair Oaks Drive. This is with the exception of the part for which Dave's Liquor will be responsible. The comer clip at Blair Oaks Drive and Memorial Drive is shown as a 20' x 20'. Commissioner Lynch pointed out that the 20' x 20' is incorrect and the 30' x 30' is required. Mr. Persaud asked that a stipulation be included to amend the final plat to show the 30' x 30' comer clip. Staff recommends approval of the final plat. Commissioner Hughes asked if Memorial Drive will be constructed in conjunction with the development, or after the fact? Mr. Persaud stated that Memorial Drive will be constructed in conjunction with the development. This issue will be touched on in the site plan. Commissioner Lynch asked if the wording in the Staff Report on stipulation #3 is correct. The wording has been changed to read "Developer is responsible for construction of the south half of Memorial Drive so that it connects FM 423 to Blair Oaks Drive". 6 Planning and Zoning Commission 3/24/98 Motion to approve 98-FP005, Colony Plaza Addition, Lot 9 Block 1, subject to staff stipulations, with the correction of item #3 to read "Developer is responsible for construction of the south half of Memorial Drive so that it connects FM 423 to Blair Oaks Drive," and that the plat be corrected to read a 30' x 30' visibility triangle at the corner of Memorial Drive and Blair Oaks Drive, Commissioner Hubbard; Second Commissioner Calhoun. Motion carried, 6-0. 4.5 Request for approval of a site plan for Comfort Suites, Lot 9 Block 1, Colony Plaza Addition, being a 1.72 acre tract located in the T. Wilson Survey, Abstract NO. 1352 in the City of The Colony, Denton County, Texas. (98- SP004) Mr. Persaud began his presentation by stating that the number of suites has changed from 71 to 69. Parking is okay as are the sidewalks. Signage, height and the location of the dumpster are all within City specifications. Landscaping is okay, as shown on the Landscape Ordinance Tabulation sheet in the packet. External lighting is within the SH 121 Guidelines. Staff would like the developer to install lighting similar in design and height as the existing development in the Colony Plaza shopping center. Dale Bryant with Colony Blair Oaks, LLC, 15851 Dallas Parkway, Suite 1120, Dallas, Texas, was present to answer any questions. Mr. Bryant stated that the external lighting will be the same as the rest of the shopping center (Colony Plaza Addition). Mr. Persaud stated that he would like, then, to include the stipulation that the external lighting should be similar in design and height and the intensity be in agreement with the SH 121 Guidelines. Mr. Persaud stated that the fire hydrants and the firelanes are okay. Access to Blair Oaks Drive will be via a mutual access easement located on the property to the south. Comer visibility triangle is correct with the 30' x 30' at Blair Oaks Drive and Memorial Drive. Driveway visibility triangles should be 10' x 30'. They are shown incorrectly on the site plan, and need correcting. Mr. Persaud continued by stating that Memorial Drive be constructed before a C.O. is issued for the development. Also, if the existing median cut is placed so that the curb cut on the site plan can line up with it and be in accordance with City specifications, then the curb cut can be approved. In other words, any median cut on Memorial Drive to the property shall be in accordance with City specifications and approval. Any stacking issues will be subject to the City specifications and approval. Commissioner Hubbard asked if by allowing the driveway on Memorial Drive, how will that affect future driveways off of the Colony Plaza Addition? It seems that the next driveway will not be allowed until the center of the remaining property. That will bisect 7 Planning and Zoning Commission 3/24/98 any new development proposed in the Addition. Has there been any conversation about the location of future driveways and a possible driveway that would exit onto Memorial Drive perpendicular to the existing development boundary? Mr. Persaud stated that a concept plan for the entire development is underway, and the developer is aware of that concern and it will be addressed. Commissioner Lynch asked if the same owner of this tract is the same owner of all of the rest of the undeveloped land in the Addition. Mr. Bryant said that they own it all. Commissioner Lynch asked if any thought was given to moving the monument sign at the north drive to the opposite side (east), and then using that area for a mutual access driveway? Mr. Bryant said that they have. It is a possibility for the future. It depends where the median breaks are located. Commissioner Calhoun stated that she does not feel that it is necessary to require that the curb cut and the median cut line up via stipulation. It is in the best interests of the developer to do so. Commissioner Lynch asked Mr. Persaud to expand on the stipulation in the Staff Report that mentions the need for another fire hydrant. Mr. Persaud stated that an additional fire hydrant would be required to meet code. Commissioner Lynch asked if the logos on the sides of the building are included in the -- sign square footage calculation. Mr. Persaud stated that they were. Commissioner Lynch asked about the nature of the exterior finish. Mr. Bryant stated that it was to be EIFS stucco. The color schemes will be similar to the existing development. Motion to approve 98-SP004, Colony Plaza Addition Lot 9, Block 1, a site plan for Comfort Suites subject to Staff stipulation and with the understanding that external lighting will be in accordance with existing lighting in the Colony Plaza shopping center, and that the northwest driveway will be a mutual access driveway in will be in accordance with the median cut on Memorial Drive according to City specifications and approval, Commissioner Calhoun; Second Commissioner Arteritano. Motion carried, 6-0. 5.0 OTHER BUSINESS 5.1 Receive a report, hold a discussion and give staff direction with regard to amending Section 17-106 of the zoning ordinance. Mr. Persaud stated that he has drafted an ordinance for the Commission to peruse. The words in bold are proposed to be added to the ordinance. The main idea of the additions is to allow masonry and EIFS stucco construction on residential developments. 8 Planning and Zoning Commission 3/24/98 Commissioner Calhoun asked if the Commission wanted to add a "minimum" stipulation to the 70% brick requirement. The Commission decided that if they were to go into the ordinance, they might as well do that now to avoid any confusion later. Commissioner Lynch asked Mr. Persaud what is the definition of masonry? Mr. Persaud stated that it would entail cement based products. Split base concrete blocks are an example. Commissioner Lynch added that the definition would need to be set if "masonry" is to be added to the ordinance. Commissioner Lynch added that he would like to see the EIMA stipulation added to the ordinance to ensure a certified installer is doing the work. Commissioner Arteritano stated that the external drainage may not be what they were getting at. He would like to add a water vapor analysis stipulation that stated a water vapor analysis be required to cover what their intent was for the drainage system. Mr. Persaud stated that the EIMA installer would know what he/she is doing. Also, having to require a water vapor analysis of every homebuilder would be tedious and time consuming. The burden of proof should lie with the EIMA installer, not the City. Mr. Persaud stated that a certified installer would sign off on the installation of the EIFS on the building plans. Mr. Persaud asked if by having the installer do a water vapor analysis, then that analysis just determines whether or not a drainage system is required? Commissioner Arteritano stated that the water vapor analysis is to determine what kind of drainage system is required. The drainage at the base of the floor line, as the ordinance states, may not be enough of a drainage system. That is the point he is trying to make. Chairman Agnew stated that the wording could say that external drainage is required, not necessarily at the base floor line. Mr. Persaud stated that would be no problem: "external drainage system should be required". Masonry should be omitted, as per the consensus of the Commission. Mr. Persaud stated that he will have an amended draft for the Commission to see by the next meeting. Chairman Agnew stated that he would like to see this as an item on the next agenda for which to take action upon, rather than a discussion item. 5.2 Receive a report and hold a discussion on goals for the Planning and Zoning Commission. Mr. Persaud went down the list of goals for the Planning and Zoning Commission for 1998-1999: 1. Streamline the development review process. 2. Initiate a biannual growth report. 9 Planning and Zoning Commission 3/24/98 3. Institute a variance procedure for the subdivision and land development __ regulations and engineering design standards. 4. Prepare a conceptual service plan for annexation in accordance with the Local Government Code. 5. Conduct research and explore possibilities for annexation of new areas into the City limits. 6. Update population forecast and prepare annual population estimates. 7. Prepare a conceptual lakefront development policy to be included in the Comprehensive Plan. 8. Monitor the implementation of and update the Comprehensive Plan. 9. Update the Uniform Fire Code and ordinance relating to automatic fire sprinkler systems. 10. Promote essential training of Staff and Commissioners. 6.0 STAFF REPORTS Mr. Persaud informed the Commission about upcoming items: The Colony Medical Center, The Legends residential signage, Budget Suites, and an office warehouse development on East Lake Highlands. Staffing in some departments will be changing. The City is hiring a Civil Engineer that will also run the Building Inspections Department. Mr. Persaud will be taking over some of the day-to-day operations of the department. This will be expedited by all of the -- departments going under one roof once the new City Hall is complete. Mr. Persaud stated that he will be attending the American Planning Association National Conference in Boston from April 4 through April 8. Mr. Shelton will be available if you need him. With no further business, the meeting was ad~5 p.m. ~-~ph Agnew, - Chairperson ATTEST: Wade Shelton, Recording Secretary 10 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON April 14, 1998 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 April 1998, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard Dee Hughes Joe Arteritano Sondra Calhoun Calvin Todd Mike Lynch was absent (professional) Staff: Harry Persaud, Director of Planning Wade Shelton, Recording Secretary With six (6) members present, a quorum was established and the following items were addressed: 2. DISPOSITION OF MINUTES: Approval of correction of Planning and Zoning Commission Minutes held on March 24, 1998. Motion to approve the minutes of the meetings held March 24, 1998, Commissioner Hubbard; Second Commissioner Calhoun. Motion passed, 5-0; Commissioner Todd abstaining. 3. CITIZEN INPUT: None. 4. ITEMS FOR CONSIDERATION: 4.1 A request for approval of the final plat for Paige/121 Addition, Lot 3, Block 1, located in the B.B.B. and C.R.R. Survey, Abstract NO. 173 in the City of The Colony, Denton County, Texas. (98-FP006) Mr. Persaud began his presentation by stating that the Planning and Zoning Commission did approve the preliminary plat for the lot on March 11, 1997 and by City Council on Planning and Zoning Commission 4/14/98 April 21, 1997. The lot is presently being considered for the construction of a Budget Suites. On-site traffic circulation with the lot and the surrounding lots is an issue. Curb cuts will need to be limited so as not to create unnecessary traffic congestion. The lot in question does have frontage on State Highway 121; therefore, consideration must be made in terms of anticipating the future development of SH 121 and the surrounding lots. Present considerations will change in the future with regard to traffic impact to the site. However, presently there is no concern in terms of the placement of the lot in relation with the plans for SH 121. It has been previously agreed upon by the Planning and Zoning Commission that curb cuts to Lot 3 and its adjacent lots in the addition would be shared. The placement of these accesses are as follows: one curb cut on SH 121 where the Chevron development is occurring, and another curb cut on the Goody Goody site, Lot 4. No other curb cuts will be allowed. There are cross access easements between Lots 4 and 3, and 2 and 3. Lot 3 will have access to Paige Road as well. These considerations can be reviewed later once the planned improvements are in place (i.e. SH 121 access road). However, due to the worsening traffic situation on SH 121, no other curb cuts will be allowed at this time. The Staff is recommending approval of the final plat as it meets all requirements. No additional right-of-way is required on SH 121 or Paige Road. There is a drainage easement on the lot that has been approved by the City Engineer. Once again, Staff recommends approval, with the following stipulations: Stipulation # 1 will remain intact, numbers 2 and 3 are removed, and a new #2 is added that states that the reciprocal easement agreements are to be filed with the final plat. Doug Tatum and Arthur Clayton of Paige/121 Ltd., 4835 LBJ Freeway, Dallas were both present to answer any questions. Mr. Clayton stated that he would like to receive a copy of the Staff's stipulations. Mr. Persaud restated the stipulations and said that a letter will be drafted and sent to Mr. Tatum that details the stipulations as recommended by the Commission to the City Council following tonight's meeting. Mr. Clayton continued by stating that upon the approval of the preliminary plat for Lots 1-4, and the final plats for Lots 1, 2, and 4, there was nothing said about access not being allowed to SH 121. Chairman Agnew stated that the conversations entailed that there was to be no direct access to SH 121. Access to SH 121, Chairman Agnew added, was to be done via mutual access. Mr. Clayton disagreed and stated that if the minutes to the meetings in question said such, then he would like to see them. Mr. Persaud stated that, if he may, city regulations require one curb cut per 500 feet of frontage. Due to the nature of the four lots of the addition falling under one owner at the time of platting, the city stated to the developer that the lots will be treated as one, therefore, limiting curb cuts. City regulations will be enforced. Mr. Clayton stated that what he is being told, or what he was understanding is that the curb cut issue was an actual stipulation as __ recommended by the Planning and Zoning Commission and was a condition for approval 2 Planning and Zoning Commission 4/14/98 by City Council. If this is the case, then it should be in the minutes for the meetings. He does not recall this being the case. Mr. Persaud asked Chairman Agnew if he recalled the details of this discussion. Mr. Agnew stated that at that point in time it was stated directly to the applicant that there would be limited access. Lot 3 or Lot 4, one or the other, would have a direct driveway onto SH 121, and mutual access must be granted to the adjacent properties. Again, city regulations state that one driveway is allowed every 500 feet. The property in question only has 287 feet of frontage on SH 121. There is a driveway existing for Lot 2, and a driveway that has been approved by this Commission for Lot 4. Mutual access still allows for usage of the other properties. Mr. Persaud stated that the staff will locate the minutes to the meetings in question if the applicant so desires. He reiterated the point that the city regulations only allow for the two driveways. Mr. Clayton again stated that in all honesty, he does not remember this being the issue at the time. He added that cross access agreements were completed so that traffic would flow evenly throughout the four lots. Chairman Agnew stated that Goody Goody even placed their driveway on the far east end of their property with the understanding that it was to be utilized as a mutual driveway with Lot 3. Mr. Clayton stated there is a contract for the tract in the works with the proposed developer at this time. He would like to be able to say to them that direct access to the tract will be provided. If this can not be done, it could possibly be enough to stall the contract, thus denying development of the property by a reputable company. Additionally, the allowance for another drive will alleviate traffic, not create or hinder it. The applicant feels that it would behoove the city to do this. Chairman Agnew stated that there is an acceleration lane where the proposed driveway would be located. Mr. Persaud stated that once the access road is completed, the requirements for the curb cuts will change dramatically (75 feet minimum spacing). Mr. Clayton stated that they would appreciate the consideration. He feels that this would be a very positive development for the city. He continued by stating that this is not a done deal yet. He hopes to have engineering drawings and a site plan to the city within 21 days so that the city can see the quality of the development and to illustrate the commitment that the developers are making. Commissioner Hubbard asked if Goody Goody has a site plan. Mr. Persaud answered "yes". Commissioner Hubbard asked if Goody Goody moved their driveway further east would it invalidate their site plan? Mr. Persaud stated that staff could look into that if the Planning and Zoning Commission 4/14/98 Commission wants to move in that direction. Commissioner Hubbard asked Mr. Clayton if it would serve their purpose if they shared a drive with Goody Goody. Mr. Clayton stated that he can not speak for the developer. Mr. Persaud stated that Staff is ready for direction. Commissioner Hubbard asked what kind of recommendation could the Commission give Staff in terms of changing Goody Goody's site plan to allow for the movement of the driveway? Mr. Persaud stated that the Commission can not do that. The land has been sold and the City could ask them to do it, but we could not require it. It would be hard to persuade them to since it would be like taking money out of Goody Goody's pockets. Commissioner Hubbard asked if an entrance-only driveway would be okay. Mr. Clayton stated that would be better than nothing and perhaps the developer would go with that if it is the requirement placed on them. Mr. Persaud stated that Staff would have no problem with that. If the Commission wants to go in that direction, and if the details for the entrance-only drive proves equitable, then that would be a solution that he would recommend. Chairman Agnew stated that when the site plan comes to the Commission, he would like to have the site plans for Lots 2 and 4 included in the packet. This way all issues could be addressed with a more comprehensive view. This is not only with respect with SH 121 traffic concerns, but with the future development to the north of the site along future Memorial Drive. Mr. Clayton asked that the Commission not place too many "hooks" in the motion. This would help to expedite the proposed company in making a decision to come to The Colony. Commissioner Todd stated that that is fine. However, personally, he does not like the idea of three driveways in that space along SH 121. He asked, "do the rules change dramatically once TxDot has come in to develop 121 and the street becomes frontage road?" Mr. Persaud answered "yes". Again, the service road regulations change to allow 75 feet minimum spacing between curb cuts. Motion to approve to allow an entrance only driveway onto the lot from SH 121, subject to the final decision on the site plan for the development, and Staff stipulations with the removal of 2 and 3, and with the addition of cross access easement agreements be filed with the final plat, Commissioner Todd. Chairman Agnew expressed concem with a motion of this nature. What it is saying is that we may allow for the driveway, and we might not allow it later. Commissioner Hubbard stated that the driveway would have to be approved by Staff. ___ We are not going to take the driveway away. 4 Planning and Zoning Commission 4/14/98 Commissioner Hughes asked what bearing would this decision have on what is contained the minutes from the previous meetings where this issue was already discussed? Mr. Persaud stated that the decision is made by City Council. What is decided by this body is purely recommendation. Commissioner Todd now restates his motion to read: Motion to approve 98-FP006, the final plat for Lot 3, Block 1 of the Paige/121 Addition; pending all Staff stipulations and deleting numbers 2 and 3, adding a new number 2 that states that the reciprocal access agreements be filed with the final plat, and adding an entrance-only access from SH 121 with Staff making the final recommendations to be shown on the site plan, Commissioner Todd; Second, Commissioner Hubbard. Motion carried, 6-0. 4.2 A request for a variance to Ordinance NO. 951 (Sign Ordinance). (98-M001) Mr. Persaud began his presentation by stating that Intermandeco, Inc. has replaced Tri- West as the owner of the old IBM tract. He prefaced the proposed single family development for Planned Development PD-14. He outlined the proposal for the variance. There are several stipulations that Staff would like to see followed. The stipulations are as follows: 1. Construction drawings signed by a professional architect or engineer shall accompany application for permits. 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 the City of Th6 Colony until such time that seventy-five (75) percent of all units have been permitted. 3. The temporary signs shall not exceed 10' x 30' and installed 12' above grade. 4. The temporary signs shall be installed on private property and not encroach on City or State right-of-way. 5. The temporary signs shall be removed by the developer or property owner upon the expiration of the permits or upon the request of the City of The Colony. 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. 5 Planning and Zoning Commission 4/14/98 6. The temporary signs shall only be used to advertise single family development in that area north of Memorial Drive, east of Paige Road and west of the Railroad, located in the City of The Colony. Cary Cobb of Intermandeco, Inc., 1401 Burnham Dr., Plano, Texas, was present to answer any questions. Mr. Cobb stated that he is very pleased to be here this evening and gave a brief description of Intermandeco, Inc. and its projects. Mr. Cobb continued by stating that in order to give this development the best priority, they are requesting signs that are comparable to the development and give the development the attention that it deserves. Chairman Agnew asked Mr. Cobb if he was the builder, or does he sell lots to other builders. Mr. Cobb answered that they are the developer who sells lots to builders. They are in negotiations with approximately six different builders for this development at this time. Commissioner Calhoun asked what the price range of the houses will be. Mr. Cobb stated that the developer cannot really say. Probably starting in the $120's, -- to the $200's. Commissioner Arteritano asked if there will be plans to build an enhanced entrance to the development. Mr. Cobb stated that they have been in discussions with the city Staff with that idea. Most of their other developments have such entrances. Commissioner Arteritano asked if the requested sings will be necessary after the entrance features are in place and complete? Mr. Cobb stated that he does feel that they should remain in place. This is since the signs serve as an instructional tool to inform the public of what the development is and the nature of the construction. He does not want the signs to be there forever, of course. They are not permanent structures. They will appear to permanent, however. Commissioner Hubbard asked if the proposed signs are to be lit. Mr. Cobb stated that that has not been determined as of yet. However, they probably will not be due to the increased amount of maintenance that would be required and the expense of electricity. Commissioner Hubbard asked if the two signs will contain different information or the same. Mr. Cobb stated that both signs will display the same information. The two signs will also be facing perpendicular to SH 121. 6 Planning and Zoning Commission 4/14/98 Commissioner Hubbard asked Mr. Cobb if he would have any problem with placing some cedar trees or some other type of vegetation to obscure the posts at the base of the signs. Mr. Cobb stated that he would consider it. However, irrigation would be needed, and that would be tough. The posts will be painted to reduce the attention to the posts. Commissioner Hubbard asked what are the permit fees for the proposed signs. Mr. Persaud stated that each sign would require a $20 fee. Commissioner Hubbard asked who makes the decision to extend the permit period when it comes time to renew. Mr. Persaud stated that the Planning and Zoning Commission and ultimately the City Council will make that decision. Mr. Persaud added that he would prefer that landscaping not be too much of a part of this variance. When it comes time to remove the signs, that will make it more expensive. Commissioner Hubbard asked what kind of precedent will this decision set for other development along SH 1217 Mr. Persaud stated that it will be up to the Commission to consider additional requests as they come. However, there will not be the need for such signs along SH 121 as there is not any residential development there. Also, there are no other large tracts such as this that are zoned for single family residential development within the city. If the Commission would like to state for the record that this will only be considered for similar single-family developments. Chairman Agnew asked Mr. Persaud if this is a variance. Mr. Persaud stated that it is. Chairman Agnew continued by stating, then, that variances have to stand on their own merit. Mr. Persaud agreed. Chairman Agnew then stated that the decision would not set any precedence. Commissioner Hubbard asked if the fee is pertinent to the request. Mr. Persaud stated that the fee could be stipulated, if it is the Commission's recommendation. Chairman Agnew stated that setting a fee is outside of the Planning and Zoning Commission's scope of duty. Commissioner Hughes asked what the projected buildout time for the development is. Mr. Cobb stated that it could be around 2 ½ years or so. Commissioner Hubbard asked if the permit is going to The Legends or Intermandeco, Inc. Mr. Persaud stated that it will be going to Intermandeco, Inc. Commissioner Hubbard asked what would happen if Intermandeco left the project. Mr. Persaud stated that it would be transferred to JNC Enterprises. Chairman Agnew asked if Mr. Cobb had any questions or concerns. Mr. Cobb stated that due to the investment in the signs, would notice to remove the signs be made to Intermandeco? In reference to #5 of the stipulations, how would the city 7 Planning and Zoning Commission 4/14/98 go about requesting the removal of the signs? Mr. Persaud stated that he __ understands the concern there, and if the Commission feels that that statement is too stringent, they can amend that stipulation. The Commission agrees. Motion to approve the variance request of the Sign Ordinance (98-M001) subject to Staff stipulations, deleting the portion of #5 that states "or upon the request of the City of The Colony", Commissioner Arteritano; Second, Commissioner Calhoun. Motion carried, 6-0. 5. OTHER BUSINESS Commissioner Hubbard asked about the process by which advertising via construction trailers is allowed. Mr. Persaud stated that they are allowed but must be permitted. Commissioner Hughes asked about Code Enforcement procedures. Mr. Persaud stated that tall grass and weeds are being cracked down on. Commissioner Hughes asked about tightening the ordinances. Mr. Persaud stated that Staff could do some research on that subject. Commissioner Todd asked about receiving free park passes for Planning and -- Zoning Commissioners. Mr. Persaud stated that he could look into that. 6. STAFF REPORTS Mr. Persaud stated that the EIFS ordinance was ready to go. In light of new information that was researched by Commissioner Lynch, the item will be brought up in a future meeting. Chairman Agnew stated that he discussed this removal of the public hearing with Staff, and he would like the Commission to know that if a request is made on the behalf of the Commission, then it cannot be denied on the basis of a single Commissioner wanting to postpone the item. Had this item been heard tonight, and in light of the new information that would surely bring about more questions about the issue, he could see the item being tabled to another meeting. The Commission works together. He would definitely like to see the item on the next agenda as a public hearing. Mr. Persaud stated that this will be done. He added that Commissioner Lynch was real concerned with some of the information that he uncovered and wants to share it with the Commission to help come to a more educated decision to the matter. Commissioner Hughes expressed concern with the difficulty in finding certified EIFS inspectors. 8 Planning and Zoning Commission 4/14/98 Mr. Persaud stated that, with regard to item #2, Staff would like some direction from the Commission in creating a zoning concept for SH 121. "The big picture" needs to be looked at in terms of developing the SH 121 corridor. A flexible framework for zoning that is consistent with the Comprehensive Plan is necessary. Chairman Agnew stated that along most of the SH 121 corridor, the Planning and Zoning Commission has not zoned the land. Since most of the property along SH 121 is zoned "Planned Development", the developers have come forward and "zoned" the land. Mr. Persaud stated that he just wanted to alert the Commission that the next time a zoning issue comes up along SH 121, Staff will be evaluating the case with a longer and broader view. Chairman Agnew stated that when the SH 121 Guidelines were created, the Commission sat down with all of the developers and property owners along SH 121, and requirements were addressed. It might be a good idea, Chairman Agnew continued, to do just that again and involve the City Council as well. How about including the 4A Board? Mr. Persaud stated that he will talk with the City Manager about this see about a retreat to set some goals. Mr. Persaud stated that the Austin Ranch groundbreaking will be May 12, 1998. The Biannual Growth Report will be complete this week. With no further business, the meeting was adjourned at 9:05 p.m. ~_~') s~h/~gnew, Chairperson ATTEST: Wade Shelton, Recording Secretary 9 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON May 19, 1998 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 19th day of May 1998, at City Hall with the following members present: Joe Agnew, Chair Dee Hughes Joe Arteritano Sondra Calhoun Calvin Todd Mike Lynch was absent (professional) DeVille Hubbard was absent Staff: Harry Persaud, Director of Planning Wade Shelton, Recording Secretary 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 April 14, 1998. Motion to approve the minutes of the meetings held April 14, 1998, Commissioner Todd; Second Commissioner Hughes. Motion passed, 5-0. 3. CITIZEN INPUT: None. 4. ITEMS FOR CONSIDERATION: 4.1 A request for approval of the preliminary plat for Legend Crest, Phases Il- VIII, located in the B.B.B. & C.R.R. Survey, Abstract NO. 172, B.B.B. & C.R.R. Survey, Abstract NO. 173, B.B.B. & C.R.R. Survey, Abstract NO. 174, and the William A. Bridges Survey, Abstract NO. 112, in the City of The Colony, Denton County, Texas. (98-PP003) Planning and Zoning Commission May 5/19/98 Mr. Persaud began his presentation by stating that the first phases for Legends Bend, Crest, and Glen are already under construction at this time. The preliminary plat on your agenda tonight is a continuation of this development. The concept plan for the planned development was approved in February of 1997. City Council approved the initial three phases that are currently under development at the time of concept plan approval. A total of 1291 lots were approved with the concept plan. Also relevant to this project are the parcel tract information, or area regulations. The density transfer clause is part of the planned development ordinance, and the total density cannot exceed four units per acre. The preliminary plat totals 191.5 acres, with 767 residential lots. There are eight open space lots along the gas easement which will incorporate a hike and bike trail. All of the lots west of Momingstar Drive, including the final platted lots, equal 892 lots. That is close to the 894 lots approved with the concept plan. Therefore density is in line with the concept plan. Some changes to the preliminary plat that are being recommended include the alignment of the proposed street onto Paige Road with Norris Drive. The updated development schedule has been submitted, therefore stipulation number 2 is removed. Street names are a concern, as per stipulation number 4. Therefore, street names will be addressed in terms of access for emergency vehicles at the time of final platting. When the commission looked at this development in 1997, there was some concern about traffic flow in the area. There are seven ways to access the development. Staff asked the developers to conduct a traffic study for the project to determine trip generation and traffic congestion. The lack of a collector street through the development poses some concern. Cary Cobb of Intermandeco, Inc., 1401 Burnham Drive, Plano, Texas, Warren Corwin of Corwin Engineering, Inc. 8131 LBJ Freeway, Suite 333, Dallas, Texas, and Terry Ardbum with Mesa Design Group, 3100 McKinnon St., Suite 905, Dallas, Texas, and Dean Stuller of ITS Traffic Engineering were present to answer any questions. Mr. Cobb began a presentation of the proposed development. He introduced Mr. Corwin to address any engineering concerns. Mr. Corwin stated that there are three phases already under development next to the proposed preliminary plat. Final plats for the project are to be submitted to the City as soon as the engineering details are worked out. The alignment of the proposed road with Norris Drive was an oversight by his staff, and will be corrected. Mr. Ardburn handed out a presentation folder that contained conceptual landscape drawings for the Legends development. He then described some anticipated features of the development as per the handout. 2 Planning and Zoning Commission May 5/19/98 Mr. Ardbum went into some detail with regard to the amenity center that is located in Legend Crest, Phase I, and the parcel of land labeled "Amenity Center/Common Area 1" on the preliminary plat. He stated that the Common Area 1 would probably not be an amenity center. The amenity center located in Phase I should be sufficient for the development due to its size and flexibility. Common Area 1 will more than likely end up being a playground or related use. Mr. Cobb added that the amenity center shown on the plat will more than likely not be an amenity center. The common use area will incorporate the hike and bike trail to some extent, however. Mr. Persaud stated that if the parcel is labeled as an "amenity center" on the plat, and it is platted as such, then the City will expect an amenity center. Mr. Persaud recommended that the wording be changed to allow flexibility. Commissioner Arteritano asked about the nature of the intersection of Morningstar Drive and SH 121with regard to a dedication for a left turn lane. The reason he is asking, he stated, is because the landscaping that is being called for per the concept drawings would entail an expensive undertaking to remove such landscaping if and when a left turn lane is installed or lanes added. Mr. Ardbum stated that that is a good point. He stated that he will take that into consideration and place the landscaping accordingly. Mr. Cobb echoed this statement. Chairman Agnew stated that all of this is merely concept, and is not what is being addressed at this juncture. Chairman Agnew stated he would like to see the continuation of Norris Drive into the development as well as Watson Drive. He would also like to see the development of the south side take place so as to spur the construction of South Colony Boulevard. Commissioner Hughes asked about the nature of the tie-in of Watson to "where"? Next to the elementary school, Mr. Cobb stated. Commissioner Calhoun asked when the houses are completed, will Morningstar Drive be completed? Mr. Cobb stated that Momingstar Drive will be completed before any houses are to begin construction. There is one section that will be only two lanes at the northern tip, but that will be worked out eventually. Mr. Persaud stated to Mr. Cobb that the fire station to the north of the development is currently unequipped to deal with fire fighting. The fire station at South Colony and Blair Oaks will be the station to respond to any calls in the development. Initially, the response teams will have to use Morningstar. Later they can use South Colony, to Norris, and so on. The north fire station may be equipped to fight fires in the future. Response time from the South Colony station is under five minutes. Commissioner Todd stated that Watson Drive on the preliminary plat is shown incorrectly. It is in fact Matson Drive. 3 Planning and Zoning Commission May 5/19/98 Motion to approve 98-PP003 subject to all Staff stipulations, and changing the incorrect naming of "Watson" to "Matson", Commissioner Todd; Second, Commissioner Calhoun. Motion passed, 5-0. 5.0 PUBLIC HEARING 5.1 Hold a public hearing and consider making a recommendation to the City Council with regard to amending Appendix A of the Code Of Ordinances, "Zoning", Section 17-106 relation to materials for exterior walls of residential structures in the SF-1, SF-2, SF-3 and SF-4 districts. Mr. Persaud began by stating that the Planning and Zoning Commission did adopt a public hearing procedure, which has been placed on the overhead for all to see. Chairman Agnew made it known that the public hearing is now open. Mr. Persaud stated that the amendment to the ordinance has been in the works since February of this year. He then gave a brief history of the amendment with regard to Planning and Zoning Commission action. There is a draft of the ordinance in the packet. In addition to the information that the Commissioners have received, there are still pros and cons to EIFS stucco construction in the city. It is important for the commission to not look at a single home when deciding this issue, but instead consider the big picture. This is a major policy direction that is being addressed. The staff does not make policy. The Commission's recommendation to the City Council helps to form policy. We must protect our property, value, aesthetics, and our citizenry. There are arguments for both sides of the issue. The petitioner, Jurgen Hesselbach, 4136 Howard Drive, The Colony, Texas, was present. The petitioner has 10 minutes to make a presentation. Mr. Hesselbach began his presentation by stating that he is requesting this amendment go through so that he may build his home of EIFS material. He has conducted much research into the issue. He made the point that this is of strong concern to him since this is a direct investment on his part. He is more so interested in the cons of EIFS than the city is. He does not want to invest in something that will fail. Of those that argue against stucco construction, in his research, he has not found any arguments against new EIFS water drainage system materials. It is safe, efficient, and saves energy. Commissioner Todd asked how long this new EIFS technology has been around. Mr. Hesselbach stated that he believes it has been around for at least five years. 4 Planning and Zoning Commission May 5/19/98 Chairman Agnew asked if there was any person here to speak in favor of the petition, and if so, to limit their comment to five minutes. Lonnie Teague, 3873 Heritage Trail, Celina, Texas, wished to speak in favor for the petition. Mr. Teague stated that he is the homebuilder for Mr. Hesselbach. He stated that EIFS is a great product, and has more pros than cons. However, there are building problems with all building materials. He stated examples of brick and natural stone building problems. Mr. Persaud asked if there are any special building materials that need to be used in conjunction with EIFS. Mr. Teague stated that the only special materials needed are windows. They must be of a certain type and then they must be set differently. Chairman Agnew asked if there was any body else present to speak in favor of the petition. Being none, he asked if there was anybody present to speak against the petition. Being none, he then asked the petitioner, Mr. Hesselbach, if he would care to offer a rebuttal. Mr. Hesselbach stated that he would like prompt action on the item. He is behind schedule to build the home. Chairman Agnew now closed the public hearing. Mr. Persaud stated the Staff Report entails the Staff's Comments. Commissioner Hughes asked Mr. Persaud what kind of training would the city's inspectors need to inspect EIFS, or is that even an issue? Mr. Persaud stated that the ordinance states that the EIFS needs to be installed by an EIMA certified installer. This would ensure that the installation is certified. The usual building institute programs would keep our inspectors up to date. Commissioner Todd asked how the city would know if the person installing the EIFS was certified. Mr. Persaud stated that at the time of issuance of the building permit the city would ask the contractor to provide evidence of certification. This would be included with the permit. Chairman Agnew commented that this public hearing is for the purpose of making a recommendation to the City Council. Therefore, whatever the recommendation of the Commission is, it is purely a recommendation since the final determination is made by the City Council regardless of the outcome here tonight. 5 Planning and Zoning Commission May 5/19/98 Commissioner Arteritano stated that he feels that EIFS is a good product and should benefit The Colony. He also feels that it will not detract from the aesthetics of the neighborhoods to have and EIFS home next to a brick or natural stone home. Motion to approve a recommendation to the City Council with regard to amending Appendix A of the Code Of Ordinances, "Zoning", Section 17-106 relation to materials for exterior walls of residential structures in the SF-1, SF-2, SF-3 and SF-4 districts, Commissioner Calhoun; Second, Commissioner Arteritano. Motion carried 4-1 with the following vote: Ayes, Commissioners Hughes, Todd, Calhoun and Arteritano; Nays, Chairman Agnew. 6. OTHER BUSINESS None. 7. STAFF REPORTS Mr. Persaud stated that he missed the Commissioners since the last meeting. Mr. Persaud informed the Commission of some items that will be coming up for consideration by the Commission soon. First, however, is that the City Secretary will be meeting with the Commission at the next meeting at 6:30 p.m., before the June 9th regular session, to discuss open meeting procedures. This meeting will include the Board of Adjustment to create a joint session. Chairman Agnew stated that there is some literature provided by the State that covers the topic of open meeting procedures. Perhaps those could be provided to the Commission at that time. Commissioner Calhoun stated that she would not be able to make the meetings on the 9th of June. Mr. Persaud stated that he would see what he could do to compile that information for the Commission. Some items on the agenda for the June 9th meeting include the preliminary plat for 211 residential lots in the Legends development. Another item is a plat for Kwik Industries for a coin operated laundromat. The North Colony Medical Center is still in the works. An offer has been extended to an engineer for the available position. 6 Planning and Zoning Commission May 5/19/98 With no further business, the meeting was adjourned at 8:45 p.m. ~eph Ag'new~ Chairperson ATTEST: Wade Shelton, Recording Secretary 7 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON June 9, 1998 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:00 p.m. on the 9th day of June 1998, at City Hall with the following members present: Joe Agnew, Chair Dee Hughes DeVille Hubbard Mike Lynch Calvin Todd Sondra Calhoun was absent (professional) Joe Arteritano was absent (professional) Staff: Harry Persaud, Director of Planning Wade Shelton, Recording Secretary 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 May 19, 1998. Motion to approve the minutes of the meetings held April 14, 1998, Commissioner Todd; Second Commissioner Hughes. Motion passed, 3-0 with Commissioners Lynch and Hubbard abstaining. 3. CITIZEN INPUT: None. 4. ITEMS FOR CONSIDERATION: 4.1 A request for approval of the preliminary plat for Legend Bend, Phases II- III, and Legend Glen, Phase II, located in the R.P. Hardin Survey, Abstract NO. 611, and the William A. Bridges Survey, Abstract NO. 112, in the City of The Colony, Denton County, Texas (98-PP004). Planning and Zoning Commission June 9, 1998 Mr. Persaud began his presentation by speaking briefly of the history of the Legends __ development. At the time of City Council approval, the concept plan showed 398 single family lots east of Morning Star Drive, North of Memorial Drive, and west of the railroad. The area regulations for the planned development have been followed by the developer and are found to be correct with the ordinance. The thoroughfare plan calls for a collector street connecting Morning Star Drive with Memorial Drive. That is not shown in the plat. The reason being that when the City Council initially approved the overall concept plan there was no collector street included for this area. When the Planning and Zoning Commission and City Council approved the plat for the area to the west of the subject plat there was no collector as well. In the absence of a collector, Staff did have concerns about traffic. Water and wastewater services will be connected to infrastructure running down Morning Star Drive and Memorial Drive. Fire service will initially be provided from the South Colony/Blair Oaks station. Later, when the North Colony station will become operational, fire service will be improved. Either way, response time will be under five minutes. Parkland dedication will be addressed at the time of final plat. Staff does recommend approval of the preliminary plat subject to the following stipulations: 1. Engineering plans including drainage and water and sewer layouts are to be approved by the city engineer in accordance with City specifications, before approval of final plat. 2. Homeowners Association Agreement to be filed with the final plat. 3. Developer will be required to construct the north half of South Colony Boulevard abutting the tract. 4. The final plat shall incorporate the recommendations of the traffic study with regard to intersection design and improvements serving the proposed development. 5. Label the 20' x 20' comer clips. 6. Sethwick Lane is to be renamed Marlar Lane. 7. The drainage easement (Lot 42, Block A) needs to be labeled. Cary Cobb of Intermandeco, Inc., 1401 Burnham Drive, Plano, Texas; Warren Corwin and Ron Homeyer of Corwin Engineering, Inc. 8131 LBJ Freeway, Suite 333, Dallas, Texas; and Dean Stuller from ITS, 2309 Springlake Dr. Suite 630, Dallas, Texas, were all present to answer any questions. Mr. Stuller reviewed the traffic study with the Commission at this time. He noted that the -- study incorporated the entire neighborhood, not just the area being preliminarily platted. The number of trips generated by the development in question was taken into 2 Planning and Zoning Commission June 9, 1998 consideration to begin with. Also, for the purpose of this study, all trips are assumed to be vehicular. The development will generate approximately 3700-3800 trips in a 24 hour period. The peak hours will generate 300 trips (a.m. and p.m. separately) at each of the four points of ingress and egress. Two lanes of egress are proposed for each of the points along Memorial Drive. Chairman Agnew asked about the nature of the traffic projections for Morning Star Drive and SH 121. Those counts will be necessary in the future to help aid the addition ora traffic signal on the behalf of TxDOT. Mr. Stuller stated that the numbers are shown that are hypothetically running to SH 121. Commissioner Lynch stated that a traffic study was conducted for the area during the creation of the Thoroughfare Plan. The collector streets shown on the Thoroughfare Plan were included due to the determination of the necessity of such streets. Now, here is another study that states that they are needed. Mr. Cobb stated that Legend Way originally served as the collector for the development. It now mimics what was initially proposed. The three final platted phases were already platted when Intermandeco bought the land. Legend Way was platted as a 50' Right-Of-Way street. Intermandeco worked with City Staff and traffic engineers to figure out what would be best for the City, not what would be economically positive for the development. This is a big investment. Opening Morning Star to SH 121 is a big investment. This outlet will service this development and everything north. The design is the best fit for this section of the development. Commissioner Lynch expressed concern that developers, in general, are not looking at the big picture, only their own development, when taking traffic generation into account. Chairman Agnew agreed with Commissioner Lynch. Mr. Persaud asked if an amended final plat were pursued, could the intersection improvements be made on the streets that intersect Morning Star Drive in the final platted areas. Mr. Corwin stated that that issue could be looked into. Mr. Persaud stated that he would like to look into it as well as it is obviously a concern of the Commission and Staff. Also, the amenity center, Mr. Persaud continued, would have to be looked at during the site plan stage and how it relates to its adjacent streets. Chairman Agnew stated that he would like all the intersections for South Colony, Memorial Drive, and Morning Star Drive to be treated as such. Mr. Corwin stated that they would look at those as well. Commissioner Hubbard stated that the concept plan shows Legend Way exiting onto Memorial Drive. The preliminary plat does not show this, but rather shows Legend Way exiting onto Morning Star Drive. Why has that been changed? Mr. Corwin stated that they are essentially the same, just reversed. When Legend Way was final platted it was platted intersecting with Morning Star Drive. Either way, they have been designed as 50' Right-Of-Way which would be used as a cut-through if Legend Way was intersecting Planning and Zoning Commission June 9, 1998 both streets. Since the street is a 50' Right-Of-Way, some deterrent had to be introduced to keep through traffic from cutting through the development. Commissioner Lynch asked about the nature of street lighting for the development. Mr. Corwin stated that the utilities dictate where streetlights are placed. Mr. Persaud stated that the City is working with T.U. Electric on that issue. Mr. Cobb stated that Coserv will be serving the community. Commissioner Lynch asked about the time frame for the developer to construct the north half of Memorial Drive from Morning Star Drive to the railroad. Mr. Persaud stated that that is to be done at the time of development. Commissioner Lynch asked about the construction or widening of Paige Road from South Colony to SH 121 on the eastern half will be done by the Dal-Mac Corp. or the landholders at that time. This covers the entire Planned Development. Mr. Persaud asked if he could cover that issue with the Commission at a later time. Commissioner Lynch agreed. Motion to approve 98-PP004, the preliminary plat for Legend Bend Phases II-III and Legend Glen Phase II subject to Staff stipulations, Commissioner Hubbard; Second Commissioner Todd. Motion carried 5-0. 5. OTHER BUSINESS None. 6. STAFF REPORTS Mr. Persaud briefed the Commission on impact fees with regard to Paige Road. Mr. Persaud briefed the Commission on upcoming development. With no further business, the meeting was adjourned at 8:45 p.m. ~ ....... ~'~ J~)~sep~ Agnew, Chairperson ATTEST: Wade Shelton, Recording Secretary 4 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON June 23, 1998 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 23ra day of June 1998, at City Hall with the following members present: Joe Agnew, Chair DeVille Hubbard Mike Lynch Calvin Todd Sondra Calhoun Joe Arteritano Dee Hughes was absent (personal) Staff: Harry Persaud, Director of Planning Wade Shelton, Planning Technician 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 June 9, 1998. Motion to approve the minutes of the meetings held June 9, 1998, Commissioner Lynch; Second Commissioner Todd. Motion passed, 4-0 with Commissioners Arteritano and Calhoun abstaining. 3. CITIZEN INPUT: None. 4. ITEMS FOR CONSIDERATION: 4.1 A request for approval of a replat of the Kwik Kar Addition, Lot 1, Block 1, being a 0.776 acre tract located in Tract 1 of the Colony NO. 33 Addition, B.B.B. and C.R.R. Survey, Abstract NO. 173, in the City of The Colony, Denton County, Texas (98-RP001). Planning and Zoning Commission June 23, 1998 Mr. Persaud began his presentation by stating the location of the replat. The proposed __ use for the site is a coin-operated laundromat. The private access easement that runs through the replat exits onto South Colony Blvd. and FM 423. The replat has met the subdivision regulations and the criteria of the Engineering Design Manual of the City. Staff does recommend approval with three stipulations. The first being that the engineering plans are to be approved in accordance with City specifications prior to the issuance of a building permit. The second being that the cross access easements between the adjoining lots be shown on the replat. The third being that the mutual access easement agreement it to be filed with the final plat. The site plan for the development will be coming to the Commission soon. Sid Hollingsworth and Eric Smith of Kwik Industries, 4725 Nall Road, Dallas, Texas, are present to answer any questions. Commissioner Lynch asked if Staff has found any information with regard to Westport Drive being dedicated to the City. He seems to recall a stipulation in which the private drive will become city property by a certain date. Mr. Persaud stated that he is not aware of anything of that nature. Chairman Agnew stated that he recalls that there was an attempt to dedicate the road to the City and the dedication was turned down due to the road not being up to standards. Commissioner Todd asked why the replat was labeled as "Preliminary/Final" on the title block. It is a bit confusing. Also, he asked if "the staff does not feel that the layout of the lots along Westport is a bit tricky?" Mr. Persaud stated that the private drive functions as access only. The drive will not be used as a street in its strictest sense due to the length of the drive and the location of the access of the drive to existing streets. Commissioner Arteritano asked if the section on the northwest comer of the lot would preclude any access to the lot to the west. Mr. Persaud stated that it should not. Chairman Agnew asked if the developer would be willing to square off the mm on the replat so that direct access to the lot to the west would be easily achieved. Could the arc be removed? Commissioner Lynch stated that that issue should be addressed on the site plan. Motion to approve 98-RP001 subject to staff stipulations, with the addition of a #3, that mutual access easement agreement be filed with the replat, Commissioner Lynch; Second Commissioner Calhoun. Motion carried 6-0. 4.2 A request for approval of a site plan for Lot 3, Block 1 (Budget Suites), being a 7.635 acre tract located in the B.B.B. and C.R.R. Survey, Abstract NO. 173, in the City of The Colony, Denton County, Texas (98-SP006). 2 Planning and Zoning Commission June 23, 1998 Mr. Persaud began his presentation by identifying the location of the project. He then began going down the items listed in the Staff Report one by one. Rick Kramer, of Bigelow Companies, 4004 Beltline, Suite 4004, Dallas, Texas, Mark Spear and Jon Van De Voorde of Turner, Collie and Braden, Inc., 5710 LBJ Freeway, Suite 370, Dallas, Texas, and Douglas Tatum, of Colony/121 Limited, 4835 LBJ Freeway, Dallas, Texas, were present to answer any questions. The driveway onto SH 121 has been approved by City Council as a right-turn ingress and egress access. The driveway is shown on the site plan as the developer proposed. Fifty feet of stacking is required, therefore the developer has proposed an alternative placement for the driveway. The driveway can be moved further to the west. The downside of placing the driveway further to the west is that it is now closer to the Goody Goody tract. This approaches the required minimum driveway spacing of 75 feet. The question of cross access easement has yet to be worked out. The Goody Goody site plan does show a cross access easement on the north side of their property to Lot 3. The site plan in question does not have an allowance for this access. When the Goody Goody site plan was approved, a grocery store was anticipated to the north of the Goody Goody site. This would account for the allowance of such a wide access easement to Lot 3. This, obviously, is no longer the case. The necessity for such an access is not merited. Staff feels that proper cross access between the lots is needed across the fronts of each lot. If the Commission feels that the access from the north side of the Goody Goody site is needed, then they should make the recommendation. Otherwise, the access from the north of the Goody Goody site is not needed. With regard to the access easement along the front of the lots, Staff will require a letter agreeing to and detailing the cross access easements be provided to Staff prior to going to City Council. Also, an updated site plan for the Chevron site showing the access needs to be submitted. These changes should also be noted on the final plat. Mr. Persaud continued going over the details of the Staff Report. Chairman Agnew asked about the details of the available signage for the property. Mr. Persaud stated that a non-residential, single-tenant monument sign may be erected. Also, a multi-tenant pylon sign would be allowed, provided they could get another business to join them from a contiguous lot. Also, an attached projected sign would be allowed (e.g. Comfort Suites). Staff is requiring that signage be in accordance with the City's Sign Ordinance. Mr. Persaud stated that external lighting will be attached to the building and will be a down spouting, cut-off luminary fixture. Staff recommends approval with the following stipulations: Planning and Zoning Commission June 23, 1998 1. Engineering plans are to be approved in accordance with City _ specifications before permit is issued. 2. Show alignment for the cross access easement to the adjacent properties. 3. Driveway to SH 121 shall be 30 feet wide. 4. Show the stop sign and pavement markings for the driveway to SH 121, in accordance with TxDot specifications. 5. Show 5' barrier free sidewalk along Paige Road. 6. Show a right turn lane with stacking for traffic entering the site from SH 121. Mr. Persaud stated that the Commission still needs to address both the location of the driveway to SH 121 and the issue of the cross access easement from the north side of the Goody Goody site. Elevations of the hotel were passed out to the Commissioners. Mr. Persaud stated that Staff recommends that the driveway be moved to the west side of the property. Commissioner Arteritano asked how is the driveway located in relation with the acceleration lane from Paige on SH 121. Mr. Persaud stated that the acceleration lane goes beyond the driveway; about 1000 feet. Mr. Spear stated that the acceleration lane passes the proposed Goody Goody access. Chairman Agnew stated that TxDot would have to make some marking changes to the solid white line along the acceleration lane. Chairman Agnew stated that the wider 40' driveway would be safer and more logical than a 30' driveway. Mr. Persaud stated that the City's engineering requirements dictate a maximum of 30'. Forty feet is allowed only for industrial uses. Mr. Kramer stated that it does not matter to the developer either way. Mr. Spear stated that it is not necessary to have 40'. Commissioner Todd asked what the occupancy rate is for the hotel. Mr. Kramer stated that the rate would be around 65%. Mr. Kramer stated that the cross access from the back of the Goody Goody is not something that Budget Suites would like to see due to safety concerns. Commissioner Lynch asked about the nature of the external lighting. Mr. Kramer stated that, contrary to what was presented in the Staff Report, there will be parking lot lighting in the perimeter. Commissioner Lynch asked if the buildings would have elevators. Mr. Kramer stated that the development would not have any elevators. 4 Planning and Zoning Commission June 23, 1998 Commissioner Lynch asked if the cross access easements that are in question address Lots 1-4 only, or do they cover additional adjacent land. Mr. Tatum stated that the cross access easements are for Lots 1-4 only. Commissioner Lynch asked if the proper amount of Right-Of-Way has been provided for SH 121. Mr. Persaud said has been. Commissioner Lynch asked about the nature of the 5' barrier free sidewalk along Paige. Mr. Persaud stated that the sidewalk has a handicap ramp. Commissioner Hubbard stated that the elevations show trees and shrubs around the buildings. This is not reflected on the landscape plan. Why the discrepancy? Mr. Spear stated that there will be landscaping around the buildings, much like the elevations. Commissioner Hubbard asked what the typical occupancy length is for a room. Mr. Kramer stated that it is weekly, typically. Chairman Agnew stated that he has two concerns at this time. First is the 30' drive onto SH 121. He would like to see it as a 40' drive for ease of access reasons. That would require a variance from the Planning and Zoning Commission and ultimately the City Council. Second, he would like to have some continued dialogue between the developer and the Goody Goody people. He would like to have a letter from Goody Goody stating their intention to vacate the cross access at the north of their property should the site plan be approved. Mr. Spear stated that he had spoken with Goody Goody and they stated that their only concern is that they have some access to Paige, which they will. They even stated possible security concerns about the access to Lot 3 in terms of not wanting the access on the north side of their property. Commissioner Lynch stated that he would be inclined to go with the 40' driveway and split it between Lots 3 and 4. Mr. Kramer stated that the developer would not support that. That would delay the construction of the entire drive, and Budget Suites would have to incur the cost of the drive. It is just not feasible. Commissioner Arteritano stated that if the turning radius of the driveway is increased to 50', the drive would be more accommodating. Commissioner Lynch inquired as to the discrepancy between the landscape plan in the Staff Report and the plan that is being shown by the developer. Mr. Kramer stated that the site plan the Commission has is the original submittal. It meets the City's requirements. The plan being presented meets Bigelow's standards. Commissioner Lynch asked which plan will the Commission be approving? Mr. Persaud stated that the landscape plan that is approved is what the City uses to ensure that the development is following what was agreed upon. Mr. Kramer stated that the plan that 5 Planning and Zoning Commission June 23, 1998 is being presented is conceptual. It could change. The landscaping will far exceed what is required. Commissioner Hubbard pointed out that the landscape plan that is being presented lacks trees along the north property line, unlike the plan in the Staff Report. That is a big change. Mr. Persaud stated that the plan that the developer wants to use should be provided to the Council. Mr. Kramer stated that rock and water features will be added to the development as well. Commissioner Hubbard asked where the features will be located. Mr. Kramer stated that, while not official, the features will be placed by the office and in the interior of the property, most noticeably by the pool. Motion to approve 98-SP006 based on Staff stipulations, also to include the following: lighting to be in accordance with city specifications; a letter from Goody Goody stating intent to vacate the cross access on their north property line to be provided; the driveway to SH 121 shall be 40'; signage to be in accordance with City specifications; and, the driveway to SH 121 is to be moved to the west end of the property, Commissioner Todd; Second, Commissioner Arteritano. Mr. Persaud asked the developer if they are seeking a variance for a 40' driveway to the property. Mr. Spear stated that they are not. Chairman Agnew expressed concern over not having a 40' driveway. Commissioner Todd removed the stipulation for the 40' driveway. Motion carried 5-1, with Commissioner Lynch voting No. 5. OTHER BUSINESS Commissioner Lynch left the meeting at 8:26 p.m. None. 6. STAFF REPORTS Mr. Persaud briefed the Commission on upcoming development. Mr. Persaud stated that all development that is occurring on FM 423 will be required to install deceleration lanes if they will generate more than 500 trips per day. Commissioner Lynch returned to the meeting at 8:31 p.m. 6 Planning and Zoning Commission June 23, 1998 Chairman Agnew would like to have full-size copies (24" x 36") of the plans in their packets in the future. With no further business, the meeting wasrgdjou~.ed at 8:34 p.m. ,~:::::::~"J~ep~A gn~TM, Chairperson ATTEST: Wade Shelton, Recording Secretary 7 AGENDA THE COLONY PLANNING AND ZONING COMMISSION REGULAR SESSION July 14, 1998 7:00 p.m. COUNCIL CHAMBERS, 5151 N. Colony Boulevard TO ALL INTERESTED PERSONS: Notice is hereby given of a REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas to be held at 7:00 p.m. on the 14th day of July, 1998, at City Hall, located at 5151 North Colony Blvd. And in addition to the items posted in accordance with regular meeting requirements, the following item(s) will be addressed. ITEM DESCRIPTION SOURCE STATUS 1.0 CALL MEETING TO ORDER: 7:00 P.M. Chairperson 2.0 DISPOSITION OF MINUTES 2.1 Approval or correction of Planning and Zoning Recording Commission Minutes held on June 23, 1998. Secretary 3.0 CITIZEN INPUT 4.0 PUBLIC HEARINGS 4.1 Hold a public hearing and consider making a Harry Persaud recommendation to the City Council with regard to amending Appendix "B .... Subdivision" of the City's Code of Ordinances to provide for a variance procedure. 4.2 Hold a public hearing and consider making a Harry Persaud recommendation to the City Council with regard to amending Chapter 6, Article VI of the City's Code of Ordinances to provide for a variance procedure. 5.0 ITEMS FOR CONSIDERATION 5.1 A request for approval of a site plan for Lot 1, Eric Smith Block 1 of the Kwik Kar Addition (Laundry Mat by Kwik Industries), being a 0.776 acre tract located in the B.B.B. and C.R.R. Survey, Abstract NO. 173, in the City of The Colony, Denton County, Texas (98-SP005). 5.2 A request for approval of the preliminary and Trey Lucas final plat for Lot 1, Block 1 of the Trinity North Medical Addition, being a 5.00 acre tract located in the S.E. Hayes Survey, Abstract NO. 648, in the City of The Colony, Denton County, Texas (98-PP006/98-FP007). 5.3 A request for a variance to the Sign Ordinance to Dennis Winzeler erect a temporary sign at the northeast comer of SH 121 and Blair Oaks Drive (98-M004). 5.0 OTHER BUSINESS 6.0 STAFF REPORTS At this time the Commission will receive any Harry Persaud updates from City Staff. "Pursuant to the Texas Open Meetings Act, Vemon's Texas Civil Statutes, Article 551, one or more of the above items may be considered in executive session closed to the public. Any decision on such matter will be taken or conducted in open session following the conclusion of the executive session". This building is wheelchair accessible. For accommodations or signed interpretive services, please contact Ruthann Devlin, Deputy City Secretary at 972/625-1756 at least two (2) working days in advance of this meeting. CERTIFICATION I hereby certify that above notice of meeting was posted outside the front door of City Hall by 5:00 p.m. on the 10th day of July, 1998. · x,, P~ttti ~.~I-Iicks, T-Ri~ Qi(y' Secre{a~ ~/~ MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON July 14, 1998 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 July 1998, at City Hall with the following members present: Joe Agnew, Chair Dee Hughes Calvin Todd Joe Arteritano DeVille Hubbard was absent Mike Lynch was absent Sondra Calhoun was absent Staff.' Harry Persaud, Director of Planning Abel Saldafia, City Engineer Wade Shelton, Planning Technician 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 June 23, 1998. Motion to approve the minutes of the meeting held June 23, 1998, Commissioner Todd; Second Commissioner Arteritano. Motion passed, 3-0 with Commissioner Hughes abstaining. 3. CITIZEN INPUT: None. 5. ITEMS FOR CONSIDERATION: 5.1 A request for approval of a site plan for Lot 1, Block 1 of the Kwik Kar Addition (Laundry Mat by Kwik Industries), being a 0.776 acre tract located in the B.B.B. and C.R.R. Survey, Abstract NO. 173, in the City of The Colony, Denton County, Texas (98-SP005). Planning and Zoning Commission July 14, 1998 Mr. Persaud began his presentation by stating that the Staff recommends approval of the site plan with recommendations. He continued that the final plat for the lot will be going to City Council soon. Utilities for the development are shown on the site plan. Page eight shows the site plan in question. Parking is adequate, as are the firelanes. Dumpster location and screening is in accordance with City specifications. Landscaping and buffering meet all regulations. Any signage will be in accordance with the Sign Ordinance. External lighting will consist of lighting mounted to the exterior of the building. There will not be any base mounted lighting in the development. There is no requirement for a sidewalk along Westport Drive as it is a private drive. Staff recommends approval with the following stipulations: 1) engineering plans in accordance with City specifications must be approved before issuance of a permit, and 2) label the 10' x 30' visibility triangle on the Landscape Plan. Eric Smith and Sid Hollingsworth, from Kwik Industries, 4725 Nall Rd., Dallas, Texas, are both present to answer any questions. Mr. Persaud presented the elevations of the building. Chairman Agnew asked if the developers have met or exceeded all City requirements at this time. Mr. Persaud stated that is correct. Commissioner Todd expressed concern that the project not be hindered due to missed deadlines. Mr. Hollingsworth stated that he feels that the project should run smoothly. Commissioner Arteritano asked if the elevations show an exit door on the south side of the building. There is no walkway leading to or from the door. The site plan does not show any type of pavement along that wall. Mr. Hollingsworth stated that is correct, that this instance is just an oversight in drafting. Some discussion ensued as to the compass direction of the Left Elevation that depicts the exit door. Commission Arteritano pointed out that the Left Elevation depicts the south side of the building, and that there is no access to and from the door. Chairman Agnew asked the Commission that if they attached a stipulation to require ADA accessibility to the door, would that suffice? Commissioner Arteritano stated that that would be sufficient. Just as long as there is some type of access to the door. Mr. Hollingsworth stated that he has to meet ADA requirements. Motion to approve 98-SP005, Laundry Mat by Kwik Industries, subject to Staff stipulations, and the addition of ADA access to the door on the south side of the building, Commissioner Arteritano; Second, Commissioner Todd. Motion __ carried 4-0. 2 Planning and Zoning Commission July 14, 1998 5.3 A request for a variance to the Sign Ordinance to erect a temporary sign at the northeast corner of SH 121 and Blair Oaks Drive (98-M004). Mr. Persaud began by stating that Centex has requested this variance. The sign is located on JNC property. The sign was erected illegally by Centex, and has since been removed at the request of the Staff. The City does not want to encourage developers to erect signs without permission. The 12' x 12' off premise real estate sign is not allowed per ordinance due to its size and nature. The Sign Ordinance does allow for signs which are not allowed to exceed 6 sq. ft. and a maximum height of 4' for similar purposes. There is also a time restriction to these signs. The applicant is requesting a temporary off-premise sign, which is much larger. The objective of the SH 121 Development Guidelines is to protect the aesthetics of the SH 121 corridor. Also, it should be noted that Staff administers policy. If approved, Staff would like to see the following stipulations be attached. These stipulations are similar to those imposed on the Legends sign variance. 1.) Construction drawings signed by a professional architect or engineer shall accompany application for permit. 2.) The sign shall be permitted as a temporary sign and the permit shall be valid for six months effective from the date of issue. 3.) The temporary sign shall not exceed 12' x 12' and installed 5' above grade. 4.) The temporary sign shall be installed on private property and not encroach on City or State right-of-way. 5.) The temporary signs shall be removed by the developer or property owner upon the expiration of the permits or upon the request of the City of The Colony. 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.) The temporary sign shall only be used to advertise the Bristol Oaks apartments located in The City of The Colony. Mr. Persaud continued by stating that the Sign Ordinance does allow the Staff to bring such issues as this item to the Commission. Again, Staff administers policy; the City Council makes policy. Dennis Winzeler, Centex Multi-Family, 3100 McKinnon Ave., Suite 370, Dallas, Texas was present to answer any questions. Commissioner Arteritano asked if this variance would preclude the use of an inflatable dinosaur. Mr. Persaud stated the variance pertains to the 144 sq. ft. sign in question. Anything else would have to go through a permitting process. 3 Planning and Zoning Commission July 14, 1998 Commissioner Todd asked what percent of the complex is leased. Mr. Winzeler __ stated that three buildings out of the thirteen buildings are available for occupancy at this time. Mr. Winzeler explained that the sign company that made the sign erected the sign prior to his approval. In the three weeks the sign was up, however, business increased dramatically. JNC has approved the placement of the sign on their property. The sign has been vital for exposure. Centex has worked with the City on many other issues, and they will continue to work with the City. Commissioner Todd asked when is project scheduled for completion. Mr. Winzeler stated that the target date is late December of this year. Commissioner Hughes asked if the sign in the staff report is the sign they would like to erect. Mr. Winzeler stated that that is the actual sign, and it is already built. Mr. Winzeler continued by stating that a similar project in Frisco has an off premise sign closer to SH 121 than what Centex is requesting, and is a much larger sign. The sign that they are requesting will serve their needs. Mr. Winzeler asked about the stipulation of having the sign be approved by an engineer or architect. That stipulation seems a bit extreme. Mr. Persaud stated that that is a stipulation for public safety, health and welfare reasons. Also, it is a stipulation so that the City will not be liable for any damage caused by a sign that can not bear wind load, etc. Mr. Winzeler asked if the City could accept an approval from a professional sign company. Mr. Persaud stated that will not be sufficient. Mr. Winzeler stated that he would obtain an engineer or architect. Motion to approve 98-M004, variance to the Sign Ordinance to erect a temporary sign at the northeast corner of SH 121 and Blair Oaks Drive, Commissioner Todd; Second, Commissioner Hughes. Motion carried, 3-1, with Commissioner Arteritano voting against. 5.2 A request for approval of the preliminary and final plat for Lot 1, Block 1 of the Trinity North Medical Addition, being a 5.00 acre tract located in the S.E. Hayes Survey, Abstract NO. 648, in the City of The Colony, Denton County, Texas (98-PP006/98-FP007). Mr. Persaud began his presentation by stating that this preliminary and final plat is for the Trinity North Medical office building. The location is south of the existing Denton County Government Center. The five-acre site will have a 12-inch water line and a 1 O-inch sanitary sewer line serving the site. 4 Planning and Zoning Commission July 14, 1998 Staff is recommending approval of the plats with the following stipulations: 1) engineering plans to be approved in accordance with City specifications, 2) median cut and left turn stacking lane on FM 423 must be in accordance with TxDOT specifications, and 3) Deceleration lane on FM 423 must be in accordance with TxDOT specifications. Also, the "preliminary" designation will be removed from the final plat at the time of filing. Staff has entered into discussion with TxDOT to work out some detail with regard to the turn and stacking lanes. These issues will be expanded on during the site plan review. Chris Jones of Pacheco Koch, 9401 LBJ Freeway, Suite 300, Dallas, Texas, and Trey Lucas and Eric Kuehmeier of PageSoutherlandPage, 3500 Maple Drive, Dallas, Texas were present to answer any questions. Commissioner Arteritano asked if the plat allows for the future Right-Of-Way for FM 423. Mr. Persaud stated that it does allow for the future Right-Of-Way for FM 423 by providing 175' of Right-Of-Way. There is no need for additional Right-Of-Way. Chairman Agnew asked how many driveways are planned for the development. Mr. Persaud stated that two driveways are planned. Chairman Agnew asked if there would be one building on the site. Mr. Persaud answered yes. The applicant produced a conceptual drawing of the two-story building. Motion to approve 98-PP006/98-FP007, for Lot 1, Block 1 of the Trinity North Medical Addition, subject to Staff stipulations, Commissioner Arteritano; Second Commissioner Todd. Motion carried, 4-0. 4.0 PUBLIC HEARINGS 4.1 Hold a public hearing and consider making a recommendation to the City Council with regard to amending Appendix "B" "Subdivision" of the City's Code of Ordinances to provide for a variance procedure. Chairman Agnew opened the public hearing. Mr. Persaud began his presentation by stating that this item was part of the goals statement that the Staff provided the Commission. This ordinance will make all variances be carefully evaluated and analyzed with a recommendation from the professional staff. It will also allow for an application for a variance with a detailed procedure to be followed. This request has been initiated by the Staff, and Staff is recommending approval. There were no persons present to speak in favor or opposition to the amendment. 5 Planning and Zoning Commission July 14, 1998 Chairman Agnew closed the public hearing. Commissioner Todd stated that he supports the amendment. Is everything in order? Mr. Persaud stated that the city attorney has reviewed the ordinance. Chairman Agnew asked, hypothetically, could a variance to allow for exterior building materials be granted through this proposed procedure. Mr. Persaud stated that this amendment is to allow for a variance procedure to the Subdivision Regulations, not the Zoning Ordinance. Motion to approve, Commissioner Todd; Second Commissioner Arteritano. Motion carried, 4-0. 4.2 Hold a public hearing and consider making a recommendation to the City Council with regard to amending Chapter 6, Article VI of the City's Code of Ordinances to provide for a variance procedure. Chairman Agnew opened the public hearing. Mr. Persaud stated that this is the same ordinance as Item 4.1, but it pertains to the Engineering Design Manual. This will allow for a variance procedure to vary stacking distances, etc. Because the Subdivision Regulations and the Engineering Design Manual are two different documents, it requires two different ordinances to amend the variance procedure. Eventually, the Staff would like to combine the two documents into one. There were no persons present to speak in favor or opposition to the amendment. Chairman Agnew closed the public hearing. Chairman Agnew asked, hypothetically, could a variance to allow for exterior building materials be granted through this proposed procedure. Mr. Persaud stated that this amendment is to allow for a variance procedure to the Engineering Design Manual, not the Zoning Ordinance. Motion to approve, Commissioner Hughes; Second Commissioner Arteritano. Motion carried 4-0. 6.0 OTHER BUSINESS None. 7.0 STAFF REPORTS 6 Planning and Zoning Commission July 14, 1998 Mr. Persaud introduced Abel Saldafia, City Engineer, to the Commission. He has just joined the Staff. Mr. Persaud summarized a few pending cases. Mr. Shelton stated that Part I of the North Central Texas Council of Governments Training for Planning and Zoning Officials will be held September 11, 1998 from 8:30 a.m. to 4:30 p.m. Any interested commissioner may attend. Please let Staff know if you would like to attend. With no further business, the meeting was adjourned at 8:15 p.m. ,:5~eph Agnew, Chairperson ATTEST: Wade Shelton, Recording Secretary 7 AGENDA THE COLONY PLANNING AND ZONING COMMISSION REGULAR SESSION July 28, 1998 7:00 p.m. COUNCIL CHAMBERS, 5151 N. Colony Boulevard TO ALL INTERESTED PERSONS: Notice is hereby given of a REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas to be held at 7:00 p.m. on the 28th day of July, 1998, at City Hall, located at 5151 North Colony Blvd. And in addition to the items posted in accordance with regular meeting requirements, the following item(s) will be addressed. ITEM DESCRIPTION SOURCE STATUS 1.0 CALL MEETING TO ORDER: 7:00 P.M. Chairperson 2.0 DISPOSITION OF MINUTES 2.1 Approval or correction of Planning and Zoning Recording Commission Minutes held on July 14, 1998. Secretary 3.0 CITIZEN INPUT 4.0 ITEMS FOR CONSIDERATION 4.1 A request for approval of a site plan for Lot 1, Trey Lucas Block 1 of the Trinity North Medical Addition Trinity North Medical Office Building, being a 5.00 acre tract located in the S.E. Hayes Survey, Abstract NO. 648 in the City of The Colony, Denton County, Texas (98-SP007). 5.0 OTHER BUSINESS 6.0 STAFF REPORTS At this time the Commission will receive any Harry Persaud updates from City Staff. "Pursuant to the Texas Open Meetings Act, Vemon's Texas Civil Statutes, Article 551, one or more of the above items may be considered in executive session closed to the public. Any decision on such matter will be taken or conducted in open session following the conclusion of the executive session". This building is wheelchair accessible. For accommodations or signed interpretive services, please contact Ruthann Devlin, Deputy City Secretary at 972/625-1756 at least two (2) working days in advance of this meeting. Braille is not available. CERTIFICATION I hereby certify that above notice of meeting was posted outside the front door of City Hall by 5:00 p.m. on the 24th day of July, 1998. Pa{ti X. ~-Iicks~ TR)vI(~, (2t, ty Se~re~aJ'y~ MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON July 28, 1998 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 July 1998, at City Hall with the following members present: Joe Agnew, Chair Dee Hughes Calvin Todd Joe Arteritano DeVille Hubbard Sondra Calhoun Mike Lynch was absent Staff: Harry Persaud, Director of Planning Abel Saldafia, City Engineer Wade Shelton, Planning Technician 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 July 14, 1998. Motion to approve the minutes of the meeting held June 23, 1998, Commissioner Todd; Second Commissioner Hughes. Motion passed, 4-0 with Commissioners Calhoun and Hubbard abstaining. 3. CITIZEN INPUT: None. 5. OTHER BUSINESS: Chairman Agnew stated that he would like to have the Staff draft a letter to the City Council with respect to Planning and Zoning Commissioners attendance. This is so the Council may be aware of instances such as the last meeting where a quorum was barely established. Planning and Zoning Commission July 28, 1998 Mr. Persaud asked that the Commissioners inform Staff if they plan on not attending the meeting. Otherwise, he feels that the Commission is doing a great job. Commissioner Todd asked if the Commissioner's might obtain a copy of the letter. Mr. Persaud stated that they would receive a copy of the letter. Commissioner Hughes asked if Mr. Persaud could refresh the Commission on the attendance standards. Mr. Persaud stated that after three consecutive unexcused absences, Council could take action for removal. Discussion ensued as to what is considered an unexcused absence. 4.0 ITEMS FOR CONSIDERATION 4.1 A request for approval of a site plan for Lot 1, Block 1 of the Trinity North Medical Addition Trinity North Medical Office Building, being a 5.00 acre tract located in the S.E. Hayes Survey, Abstract NO. 648 in the City of The Colony, Denton County, Texas (98-SP007). Mr. Persaud began his presentation by reviewing the final plat history of the project. The City is asking the developers to include a deceleration lane going south on FM 423 to accommodate the anticipated traffic generation for the development. The north driveway -- may pose a problem for the deceleration lane. The deceleration lane will be subject to TxDOT approval. The Staff, including the City Engineer, has already had a meeting with TxDOT to discuss this issue. There will be a left turn into the site at the median cut. This will also meet TxDOT specifications. The south driveway will be a 36 foot drive to allow for two lanes for egress from the site, and for one lane of ingress to the site. Again, this drive will be subject to TxDOT approval, and will be striped. A final determination with regard to the placement of the driveways has not been made at this time. External lighting should follow Staff's recommendation: pole lighting not to exceed 20 feet in height, and not to exceed .5 foot candles when measured 3 feet above grade at the property line. The sidewalk requirement will be met by the developer escrowing the funds in lieu of construction. The sidewalk will be installed at the time of the FM 423 improvements. In the Staff Report, it is reported that the fire hydrants are placed incorrectly. Since the report went out, fire hydrant placement has been approved. The fire hydrants will be placed as such: one by each driveway along the frontage of FM 423, and another two near the west side of the structure. Staff would like to include in its stipulations that fire hydrants are to be installed in accordance with Staff recommendation. Building construction materials are consistent with other existing buildings within the City. 2 Planning and Zoning Commission July 28, 1998 Landscaping requirements of the City have either been met or exceeded. Staff is recommending approval of the site plan subject to the following stipulations: 1. Approval of engineering plans in accordance with City specifications. 2. Median cut, left turn stacking lane on FM 423, deceleration lane and driveway construction plans are subject to TxDOT approval. 3. Show zoning on surrounding tracts. 4. External lighting shall not exceed 20 feet in height, must be of cut-off luminaire lighting, and not exceed .5 foot candles when measured at 3 feet above grade at the property line. 5. The dumpster shall be screened with materials consistent with the main structure. 6. The fire hydrants will be shown on the site plan as per Staff recommendations before going to City Council. Trey Lucas and Eric Kuehmeier of PageSoutherlandPage, 3500 Maple Drive, Dallas, Texas were present to answer any questions. Commissioner Calhoun asked if there would be an acceleration lane from the south driveway on southbound FM 423. Mr. Persaud stated that there is not due to safety concerns. Mr. Saldafia stated that there is not enough room to install an acceleration lane. Commissioner Calhoun asked where the main entrance to the building is located. Mr. Persaud stated that the main entrance is located at the northwest comer of the building. Commissioner Hubbard asked if the City requires finish grade elevations on site plans. Mr. Persaud stated that they are in the engineering plans. The finish-floor elevations are shown on the footprint of the building on the site plan. Commissioner Hughes asked if the building would house any emergency related facilities. Mr. Kuehmeier stated that it would not. The building is strictly for medical offices for doctors. Chairman Agnew asked about the nature of the concrete flumes to the north of the building. Are those draining into the creek? Mr. Kuehmeier stated that they do not flow directly into the creek. The gravel rip-rap will slow the drainage and the elevations will naturally carry the water into the creek. Chairman Agnew expressed some concern about erosion problems. He asked if it would be possible to angle the flumes so that once the water exits the rip-raps it will not be at a ninety-degree angle. Mr. Saldafia stated that he agrees that they should be placed at an angle. He also stated that he would like to see the flumes be extended beyond the easement, more Planning and Zoning Commission July 28, 1998 towards the creek. Mr. Kuehmeier stated that they could extend the flumes beyond the easement to the north. Chairman Agnew asked about the nature of the parking spaces. Does the City not require 20' head-in parking spaces? These spaces are shown as 18'. Mr. Persaud stated that the City does have that requirement. Here, most spaces have a 2' clearance in frout of the space. Staff will recommend the 18' x 9'spacing. Chairman Agnew stated that there are 40 spaces that share the front parking lines with each other. There will not be a 2' overhang there. Mr. Persaud stated that the City does not have a compact car parking ordinance. He asked if the architect has a problem with redesigning those spaces? Mr. Lucas stated that most of the surrounding communities use the 18' x 9' spaces. Mr. Saldafia stated that the City's requirement is outdated, and that the 18' x 9' requirement is more with the status quo. Mr. Persaud stated that this is the Staff's recommendation, and the Commission may want to address the issue differently. Commissioner Arteritano asked if the architects use a straight line transition in the deceleration lane on southbound FM 423 instead of two reversed curves. This will improve transition. Mr. Saldafia agreed with the comment. Mr. Lucas said that that would be fine. Mr. Persaud stated that will be a Staff stipulation. Mr. Kuehmeier stated that they will address the City's issues such as providing a fourth fire hydrant, the deceleration lane and median cuts. There is one issue that they would like to have some consideration on, that issue being lighting. He requested that the stipulation be changed from .5 foot candles to 1.0 foot candles. This is because the lighting along the south property line will be above the .5 stipulation. Mr. Persaud stated that Staff does not have a problem with that due to the fact that there is no residential development around the site. Chairman Agnew asked about signage. Mr. Kuehmeier stated that signage will be forthcoming and it will be in accordance with the sign ordinance. Motion to approve 98-SP007, Trinity North Medical Building site plan, subject to Staff stipulations, changing stipulation #4 to read "1.0 foot candle", adding stipulations #6, four fire hydrants to be installed per Staff's request, #7 extend drainage flumes past the easement north of the site, #8 parking spaces to be 18' x 9', #9 straight taper deceleration lanes, Commissioner Todd; Second, Commissioner Arteritano. Motion carried 6-0. 6.0 STAFF REPORTS Mr. Persaud stated that the City received an award for planning excellence from the Texas Chapter of the American Planning Association. 4 Planning and Zoning Commission July 28, 1998 The City has obtained its own AutoCad work station. We will be able to produce all maps in house now. Mr. Persaud went over upcoming cases for the Commission. Mr. Persaud went over a draft policy with the Commission entailing requirements for the provision of deceleration lanes. With no further business, the meeting was a~at 8:15 p.m. ~57~h Agnew, ~--~-J Chairperson ATTEST: Wade Shelton, Recording Secretary AGENDA THE COLONY PLANNING AND ZONING COMMISSION REGULAR SESSION August 11, 1998 7:00 p.m. COUNCIL CHAMBERS, 5151 N. Colony Boulevard TO ALL INTERESTED PERSONS: Notice is hereby given of a REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas to be held at 7:00 p.m. on the 11th day of August, 1998, at City Hall, located at 5151 North Colony Blvd. And in addition to the items posted in accordance with regular meeting requirements, the following item(s) will be addressed. ITEM DESCRIPTION SOURCE STATUS 1.0 CALL MEETING TO ORDER: 7:00 P.M. Chairperson 2.0 DISPOSITION OF MINUTES 2.1 Approval or correction of Planning and Zoning Recording Commission Minutes held on July 28, 1998. Secretary 3.0 CITIZEN INPUT 4.0 ITEMS FOR CONSIDERATION 4.1 A request for approval for the final plat for Warren Corwin Legend Crest, Phase IV, located in the William A. Bridges Survey, Abstract NO. 112, in the City of The Colony, Denton County, Texas (98- FP009). 4.2 A request for approval for the final plat for Warren Corwin Legend Crest, Phase IV-A, located in the William A. Bridges Survey, Abstract NO. 112, in the City of The Colony, Denton County, Texas (98-FP010). 5.0 OTHER BUSINESS 6.0 STAFF REPORTS At this time the Commission will receive any Harry Persaud updates from City Staff. "Pursuant to the Texas Open Meetings Act, Vernon's Texas Civil Statutes, Article 551, one or more of the above items may be considered in executive session closed to the public. Any decision on such matter will be taken or conducted in open session following the conclusion of the executive session". This building is wheelchair accessible. For accommodations or signed interpretive services, please contact Ruthann Devlin, Deputy City Secretary at 972/625-1756 at least two (2) working days in advance of this meeting. Braille is not available. CERTIFICATION I hereby certify that above notice of meeting was posted outside the front door of City Hall by 5:00 p.m. on the 7th day of August, 1998. Patti A. Hicks', TRMC, City Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON August 11, 1998 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 11th day of August 1998, at City Hall with the following members present: Joe Agnew, Chair Dee Hughes Calvin Todd Joe Arteritano DeVille Hubbard Sondra Calhoun was absent Mike Lynch was absent Staff: Harry Persaud, Director of Planning Abel Saldafia, City Engineer Wade Shelton, Planning Technician 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 July 28, 1998. Motion to approve the minutes of the meeting held July 28, 1998, Commissioner Hubbard; Second Commissioner Arteritano. Motion carried 5-0. 3. CITIZEN INPUT: None. 4.0 ITEMS FOR CONSIDERATION 4.1 A request for approval for the final plat for Legend Crest, Phase IV, located in the William A. Bridges Survey, Abstract NO. 112, in the City of The Colony, Denton County, Texas (98-FP009). Mr. Persaud began his presentation by stating that the preliminary plat for the Legend Crest development was approved by City Council on June 1, 1998. There has been one additional lot added to the final plat for PhaselV versus what is shown on the preliminary Planning and Zoning Commission August 11, 1998 plat. In compliance with our Landscape Ordinance, staff is requesting that the landscape buffer easement along Morning Star Drive have a 25' x 25' visibility triangle. Water and wastewater services will connect with existing lines in the area. Accesses to the alleys have been added so that they will not exceed 720 feet in length without a break. The ITS traffic study suggested a 56 foot right-of-way at the intersection of streets with Morning Star Drive. This will allow for a left and a right mm lane onto Morning Star Drive as well as a turn lane on to Alister Lane. Staff is requesting that this recommendation be shown on the final plat. Lot sizes are in accordance with area regulations specified by the Planned Development ordinance. Staff recommends approval of the final plat with the following stipulations: 1. Engineering plans to be approved by the city engineer in accordance with City specifications. 2. Show 25' x 25' visibility triangle at the comer of Alister Lane and Morning Star Drive. 3. Label the Right-Of-Way of Alister Lane at Morning Star Drive in accordance with the recommendations of the ITS traffic study. 4. Homeowner's Association Agreement is subject to City approval and must be filed with the final plat. Ron Homeyer with Corwin Engineering, 8131 LBJ Freeway, Suite 333, Dallas, Texas, is present to answer any questions. Commissioner Hubbard asked about the nature of the front building line of Block L, Lot 38. How much smaller can a lot be than that? It is only 49' in the front and 50' in the back. Mr. Homeyer stated that the front property line is in excess of 50', and, when measured at the building line, it is within the area regulations. Commissioner Arteritano asked where the proposed entrance widenings are to be located. Mr. Persaud stated that all the streets that intersect with Moming Star Drive and Memorial Drive will have the entrance widenings as recommended by the ITS traffic study. On .this plat it will be on Alister Lane and Glenview Lane. Commissioner Arteritano asked about the lack of dimensions shown for Alister Lane. Mr. Homeyer stated that that right-of-way was already approved as part of the final plat for Phase I. That entrance will have to be changed to reflect the ITS recommendation. Mr. Persaud agreed with Mr. Homeyer's statement. Also, it is one of the stipulations of this agenda item that the Alister Lane right-of-way be in accordance with the ITS recommendations. Commissioner Arteritano asked if the amenity center was part of the Phase I final plat. Mr. Homeyer stated that it is. 2 Planning and Zoning Commission August 11, 1998 Motion to approve 98-FP009, final plat for Legend Crest Phase IV subject to Staff stipulations, Commissioner Hubbard; Second, Commissioner Todd. Motion carried, 5-0. 4.2 A request for approval for the final plat for Legend Crest, Phase IV-A, located in the William A. Bridges Survey, Abstract NO. 112, in the City of The Colony, Denton County, Texas (98-FP009). Mr. Persaud began his presentation by stating that this twelve-lot phase is located immediately south of Phase IV. It is the intention of the developer to utilize these lots for the various homebuilder's model homes. The lots are in compliance with the area regulations as prescribed by the Planned Development ordinance. The requirements are similar to that of Phase IV as well. Staff recommends approval of the final plat with the following stipulations: 1. Engineering plans to be approved by the city engineer in accordance with City specifications. 2. Show the radius of each cul-de-sac. 3. Show 25' x 25' visibility triangle at the comer of Alister Lane and Morning Star Drive. 4. Homeowner's Association Agreement is subject to City approval and must be filed with the final plat. Chairman Agnew asked about the nature of the use for the lots. Mr. Homeyer stated that the lots would primarily be used for the model homes for the development. This is due to the proximity to Morning Star Drive for visibility. Motion to approve 98-FP010, final plat for Legend Crest Phase IV-A subject to Staff stipulations, Commissioner Hughes; Second, Commissioner Hubbard. Motion carried, 5-0. 4.3 PUBLIC HEARING Hold a public hearing and consider making a recommendation to the City Council with regard to an ordinance amending Article II of Chapter $ of the Code of Ordinances relating to Impact Fees and providing for Roadway Impact Fees. Chairman Agnew opened the public hearing at 7:26 p.m. Mr. Persaud began his presentation by stating that the City Council late last year adopted an impact fee ordinance (Ord. No. 97-1000) which provided for water and sewer impact fees. The Local Government Code does state that cities may establish impact fees to recover costs for capital improvements. When the Council did impose impact fees last Planning and Zoning Commission August 11, 1998 year, they did not want to embark on large-scale road construction projects, and, wherever possible, we should require the developers to build the roads. There have been situations recently that provide for the need to institute roadway impact fees. There are several roadway construction areas in Service Area 4 and Service Area 6 as prescribed by the Capital Improvements Project that will require attention in the future as well. It should be noted that the Capital Improvements Project is not being amended, just the fee schedule. This needs to be done via ordinance. All necessary procedures have been followed to amend the ordinance. We are amending the ordinance to change the fee schedule for the two service areas in question. If, at a later time, we feel that we need to change these fees for any of the service areas, it will require an additional ordinance to do SO. In Service Area 6, the City has incurred some expenditures. In the case of Standridge Road development the City paid $40,000. Next was for Memorial Drive, where the City is paying for approximately 200 ft. of construction. We would like to institute impact fees to recover the cost of these developments and to cover the cost of future roadway development. State law dictates that impact fees collected are to go into a fund and properly monitored and expended for those purposes that they were collected. There are guidelines for collecting, utilizing and reimbursing of the funds. Many cities do not like to collect roadway impact fees. They would prefer that the developer be fully responsible for the construction of roads. There are some circumstances that this should not be the case. For example, David Potter owns approximately two acres of land on the north side of Memorial Drive. The City can not require Mr. Potter to build the required lanes of Memorial Drive. This is because it does not meet the rational nexus test set forth by the Supreme Court. The two acres of development will not generate the traffic that would dictate a six-lane divided arterial. Therefore, the City, in this case, can only recover the cost incurred by having to construct the required lanes. In Service Area 4, the developer, Intermandeco, Inc., has agreed to build Morning Star Drive in its entirety from the existing street to the proposed school and park site. When the school and park site is developed, they will provide the additional lanes to complete the road to SH 121. In this service area we would like to recover the cost of upgrading Paige Road. The costs for all of these projects is estimated by Hunter Associates in the Staff Report. The engineers have estimated that in Service Area 6 the cost will be $600 per unit, and in Service Area 4 it will be $1336 per unit. Staff recommends that we collect 50% of these numbers per unit. This is due to the fact that the City does not want to create a situation where the costs of development are steep enough to prohibit development. 4 Planning and Zoning Commission August 11, 1998 Commissioner Todd asked what the measure of a service unit was. Mr. Persaud stated that a single-family home is a single service unit. For other uses it is a proportion of that unit. This is per the Capital Improvements Program. For example, for industrial uses, we would look at the formula in relation to usage compared to a single family home. Commissioner Todd asked what the time frame would be for the impact fee assessment. How is it defined? Lengthy discussion ensued about the nature of the above question. Mr. Persaud answered that the impact fee assessment will be at the prescribed proportion, 50%, or whatever the number is that Council approves, until the ordinance is amended. Commissioner Arteritano asked how this ordinance compares to other cities around us. Mr. Persaud stated that Staff has not initiated a study at this time. In December of 1997 them was a survey that showed many communities did not have roadway impact fees, only water and wastewater impact fees. There was no one present to speak in opposition to the request. Chairman Agnew closed the public heating at 7:53 p.m. Motion to make a recommendation to the City Council with regard to an ordinance amending Article II of Chapter 8 of the Code of Ordinances relating to Impact Fees and providing for Roadway Impact Fees, Commissioner Hubbard; Second, Commissioner Arteritano. Motion carried 5-0. 5.0 OTHER BUSINESS None. 6.0 STAFF REPORTS Mr. Persaud stated that included in their packets is the 1998 attendance record of the Commission plus a memo that was sent to the Mayor and members of the Council. Council also requested the 1997 attendance record, which is also included in the packet. The policy for attendance is also attached. If the Commission has any questions about attendance he would be pleased to discuss it with you. Legacy Homes is one of the builders in the Legends development. They will be requesting a sign along SH 121. Mr. Persaud updated the Commission on some upcoming agenda items. With no further business, the meeting was adjourned at 8:15 p.m. 5 Planning and Zoning Commission August 11, 1998 Chairperson ATTEST: Wade Shelton, Recording Secretary 6 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON August 25, 1998 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 August 1998, at City Hall with the following members present: Joe Agnew, Chair Calvin Todd Joe Arteritano DeVille Hubbard Mike Lynch was absent Sondra Calhoun was absent Dee Hughes was absent Staff.' Harry Persaud, Director of Planning Abel Saldafia, City Engineer Wade Shelton, Planning Technician 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 August 11, 1998. Motion to approve the minutes of the meeting held August 11, 1998, Commissioner Todd; Second Commissioner Hubbard. Motion passed, 4-0. 3. CITIZEN INPUT: None. 4. ITEMS FOR CONSIDERATION: A request for approval for the final plat for Legend Crest, Phase V, located in the William A. Bridges Survey, Abstract NO. 112, and the B.B.B. and C.R.R. Survey, Abstract NO. 172, in the City of The Colony, Denton County, Texas (98- FPOll). Planning and Zoning Commission August 25, 1998 Mr. Persaud began his presentation by stating the 27.93 acre tract of land provides for .__ 115 lots. A revised final plat has been provided by the engineer this evening. This final plat includes a stub-out to the property to the south of the tract which removed one of the original lots from the previous final plat as reported on in the Staff Report. The idea behind the stub-out is that the developer will construct the alleyway at that location at the time of construction. Should the future use of the property to the south require or necessitate a street connection, the right-of-way for a street connection is already provided. This provides for flexibility. When the Planned Development for this area was approved, a 40 acre tract of land was dedicated for city parks and school sites. The Commission may recall that the Parks and Recreation Department has been working with the developer for a site for a multi-sports complex which was not approved by City Council. The developer has met with the City and has stated that they will work with the City in terms of the location of their required parkland dedication. Therefore, the parkland dedication for the Legends development has yet to have been worked out. Before the location is settled on and approved, the proper amendments will have to be made, thus requiring the Commission's input. The Parks and Recreation Board is charged with the actual location of the dedication. Therefore, the Parks Board will see the issue first, then the Planning and Zoning Commission, and then City Council. With regard to the Staff Report, the alleys have been situated so that no alley exceeds -- 720' in length. Lot sizes are consistent with area regulations. Staff is recommending approval of the final plat subject to the following stipulations: 1. Engineering plans to be approved by the city engineer in accordance with City specifications. 2. Homeowner's Association Agreement is subject to City approval and must be filed with the final plat. Warren Corwin, with Corwin Engineering, 8131 LBJ Freeway Suite 333, Dallas, TX, 75251, was present to answer any questions. Chairman Agnew asked about the density of this particular plat. What is the overall density of the entire Planned Development as of now? Mr. Persaud stated that the entire development is under 4.0 Dwelling Units per Acre (DUA). It is actually going to end up at approximately 3.6 DUA. Chairman Agnew stated that in the future he would like to have some indication as to the running numbers in terms of total density. Commissioner Todd asked what the reasoning behind the stub-out was. Why is it located there? Mr. Corwin passed around a concept plan provided by JNC. The stub- out would help link the two developments together. Mr. Persaud reiterated that any development that requires an amendment to the Planned Development, as is shown in the concept plan in question, would come before the Commission. 2 Planning and Zoning Commission August 25, 1998 Motion to approve 98-FP011, final plat for Legend Crest Phase V, subject to Staff stipulations, Commissioner Hubbard; Second Commissioner Arteritano. Motion carried 4-0. 4.2 A request for approval for a site plan for Lot 2, Block I of the Food Lion Addition, The Colony City Hall and Public Library, being a 3.35 acre lot located in the S.E. Hayes Survey, Abstract NO. 648, in the City of The Colony, Denton County, Texas (98-SP008). Mr. Persaud stated that Staff is requesting that this item be tabled until the next meeting due to the architect's absence from tonight's meeting. The item has several outstanding issues that need to be addressed and the architect's presence is necessary. Lengthy discussion ensued with regard to a deceleration lane on FM 423 to serve the site. Chairman Agnew expressed concern over not having a shared driveway on FM 423 with the Blockbuster development. He has spoken with Mr. Persaud concerning this issue. Motion to table Item 4.2, 98-SP008, until the September 8, 1998 Planning and Zoning Commission meeting, Commissioner Hubbard; Second, Commissioner Todd. Motion carried 4-0. 5.0 PUBLIC HEARING 5.1 A request for approval of an extension for Specific Use Permit NO. 67 issued October 20, 1997 for the sale of liquor, beer and wine for Lot lA, Block 2 of the Colony Plaza Addition, Dave's Discount Liquor, located in the T. Wilson Survey, Abstract NO. 1352, in the City of The Colony, Denton County, Texas (98-SUP004). Chairman Agnew opened the public hearing. Mr. Persaud began his presentation by stating that the Planning and Zoning Commission recommended and the City Council approved a Specific Use Permit (SUP) for Dave's Discount Liquor late last year (October 20, 1997). The applicant is requesting more time to complete their construction activities. The reason given for the request is due to the fact that the applicant is having trouble procuring the necessary materials to construct the building. The Zoning Ordinance states that if construction is not completed and the land use for the SUP is not initiated in one year from the issuance of the SLIP, then the SUP is terminated. The ordinance further states that the extension of the time frame of an SLIP requires that the entire SUP process be followed. Staff did circulate notification to property owners within 200 feet of the development. Seven notices were sent and Planning and Zoning Commission August 25, 1998 one response in opposition to the application was received. Notice was also placed in the newspaper. Staff recommends a six-month extension for the SUP. Ghanshyam and Vina Dave of Dave's Discount Liquor, 6700 Main St., Suite 100, The Colony, TX, were present to answer any questions. Commissioner Todd asked if anything else has been changed or is requested to be changed other than the time frame. Mr. Persaud stated that the time frame is the only issue. Chairman Agnew stated that, in the past, any correspondence received in favor or opposition to a request is included as part of the Staff Report. Mr. Persaud circulated the letter received in opposition to the request and stated that that will be done in the future. Commissioner Arteritano stated that he does not see why the petitioner is having trouble acquiring the necessary materials for construction. Mr. Ghanshyam stated that he has had trouble since he is doing the entire operation on his own. Other companies that are larger than his own do not have such trouble since they have more resources to draw from. Commissioner Todd asked if they plan to finish construction in October. Mr. Ghanshyam stated that they should finish in October. He is requesting the time extension to be on the safe side. Commissioner Arteritano asked if all the materials are on site right now. Mr. Ghanshyam stated that they are and construction is underway. There was no person present to speak in favor or in opposition to the request. The Chairman closed the public hearing. Mr. Persaud stated again that a six-month extension is recommended. Commissioner Hubbard asked if the extension will take effect on the original date of expiration. Mr. Persaud stated that that is the case. On October 20, 1998, the six- month extension will take effect. Commission Todd asked, hypothetically speaking, what would be the course should this become a more common place issue: time extension. Mr. Persaud stated that the developers will not want to do this over and over again. It is costly in terms of time and money. 4 Planning and Zoning Commission August 25, 1998 Chairman Agnew stated that the petitioner has worked with the City in the past. He recalls that the petitioner agreed to close the existing store when this one opened. Motion to approve 98-SUP004 subject to Staff stipulations, Commissioner Todd; Second, Commissioner Itubbard. Motion carried 3-1, with Commissioner Arteritano voting against. 6.0 OTHER BUSINESS Commissioner Hubbard stated that irrigation controllers cannot follow an odd-even watering system. Perhaps Staff could mention this to Council. Commissioner Arteritano stated that he has taken a job transfer in the San Antonio area. December 18th is his first day. He will remain on the Commission as long as he can, however. He will submit a letter to Council stating his resignation. 7.0 STAFF REPORTS Mr. Persaud stated that part of the Staff's goals for the Commission was a lakefront concept plan. Hopefully by the next meeting he could make a presentation on this issue. Mr. Persaud briefed the Commission on some upcoming projects. Some discussion was held with regard to Westport Drive. A consensus was reached that the developers along Westport Drive should mark the private access easement, i.e. fire lane stripes, no parking signs. With no further business, the meeting was adjourned at 8:15 p.m. ~5~h Agnew, Chairperson ATTEST: Wade Shelton, Recording Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON September 8, 1998 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 8th day of September 1998, at City Hall with the following members present: Joe Agnew, Chair Calvin Todd Joe Arteritano DeVille Hubbard Sondra Calhoun Dee Hughes Mike Lynch was absent Staff.' Harry Persaud, Director of Planning Wade Shelton, Planning Technician 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 August 25, 1998. This item will be addressed at the next meeting. 3. CITIZEN INPUT: None. 4. ITEMS FOR CONSIDERATION: 4.1 A request for variances to the Sign Ordinance for the Wal-Mart Supercenter located at the northwest corner of SH 121 and FM 423 (98-M005). 1. Shingle sign under Sec. 6-24 (5) 2. Logo sign under Sec. 6-24 (3) c 3. Attached signs under Sec. 6-24 (3) c 4. Attached signs under Sec. 6-24 (3) c Planning and Zoning Commission September 8, 1998 Mr. Persaud began his presentation by stating that Wal-Mart is requesting four variances to the sign ordinance. Each request will be covered in the order that it is presented to the Commission in the Staff Report. The first request is for a shingle sign to advertise the tire and lube center which is located on the east side of the building. The sign will help customers in locating the tire and lube center. The variance will allow for a taller, larger sign. Mr. Persaud asked Chairman Agnew if the Commission would like to address all the sign variance requests at the end of the presentation or one at a time. The Commission agreed to hear the full presentation then discuss each sign afterwards. The second variance relates to a logo sign for "Penzoil" that will be located on the building where the tire and lube center will be. The sign ordinance allows a logo sign not to exceed 45" in height. The proposed logo is 61" in height. The third variance is for an attached sign that reads "Always" to be located over the entry vestibules of the front fagade. The allowed height is 36". The requested height varies from 36"-72" in height. The sign ordinance allows for larger attached signage only if the building is increased in height itself. Here, Wal-Mart has a large building fagade- over 600 feet. It is unusual to have such a large fagade with letters of only 36" in height. Lastly, the "Wal-Mart" logo sign is the subject of the fourth variance request. The -- argument is the same as the third variance with the exception that 60" letters are requested. Tom Galbreath, of Dunaway Associates, Inc., 1501 Merrimac Circle, Suite 100, Fort Worth, TX, was present to answer any questions. Mr. Persaud stated that Staff does recommend approval of the variances. He added that consideration for recommendation is subject to the Commission's decision. Chairman Agnew suggested that the Commission address the requests as two items: one for the shingle sign, and the other for the attached signs. The Commission agreed. Mr. Galbreath reiterated the points that Mr. Persaud stated earlier. He reinforced the differences in the scale of the attached signs that were being requested versus what is allowed. He stated that a denial would not be too big of a deal. However, if granted, the request will make the structure more architecturally pleasing and less awkward. The stand-alone sign, Mr. Galbreath continued, will help alert customers that are already on-site to the location of the car center. The sign will not be obtrusive enough to be seen from SH 121. In addition, the sign will most likely not be too visible from FM 423 as well. This will become more apparent as Lot 3 becomes developed. It is internal signage. Planning and Zoning Commission September 8, 1998 Commissioner Arteritano asked about the nature of the sign that is attached to the far right end of the building. Mr. Galbreath stated that it reads "Tire & Lube Express". Commissioner Arteritano asked why that sign does not do the job of the requested shingle sign. Mr. Galbreath stated that was a good question. However, the attached sign will not be visible for the customers who are entering the building from the far west side. The shingle sign will capture that segment of the customers since it is oriented north to south. Commissioner Arteritano stated, then, that the shingle sign is merely a directional sign directing traffic to the car center. Mr. Galbreath stated that that is correct. Commissioner Arteritano expressed concern over Wal-Mart requesting a variance when they did not cooperate on placing signage on FM 423 prohibiting left-tums at peak hours and the feelings they conveyed to the City for contemplating imposing these requirements upon them. Lengthy discussion ensued over the nature of the FM 423 / Memorial Drive intersection and signal and relations between the City and Wal-Mart. Commissioner Todd asked if the shingle sign arrow runs north to south. Mr. Galbreath stated that it does. Commissioner Hubbard asked where the sign is mounted. Mr. Galbreath stated that the sign is mounted in a landscaped island in the parking lot. Commissioner Hubbard agreed that the proposed sign is better than the sign that would meet the code. A 6' sign would not fit that scale. Commissioner Todd asked if it is Wal-Mart's intention to place a shingle sign at that location even if a variance is not granted. Mr. Galbreath stated that he does not know. Chairman Agnew asked how far from FM 423 is the sign located. Mr. Galbreath stated that the sign is about 300' from FM 423 and 500' from SH 121. Then, Chairman Agnew stated, the sign will not be located such as to pose as a competitive advantage with other car lube centers. Commissioner Hubbard added that it would be obscured by Lot 3. Chairman Agnew asked if there were any staff stipulations for the variances. Mr. Persaud stated that the only stipulation would be that Wal-Mart obtain sign permits for the signs and pay the permit fees. Commissioner Hughes asked if the shingle sign would be illuminated in any form. Mr. Galbreath stated that the only illumination the sign will receive is from the actual parking lot lights. Motion to approve 98-M005, Commissioner Todd; Second, Commissioner Hubbard. Motion carried 5-1, with Commissioner Arteritano voting against. 3 Planning and Zoning Commission September 8, 1998 4.2 A request for approval for a site plan for Lot 2, Block 1 of the Food Lion Addition, The Colony City Hall and Public Library, being a 3.35 acre lot located in the S.E. Hayes Survey, Abstract NO. 648, in the City of The Colony, Denton County, Texas (98-SP008). Mr. Persaud stated that Staff is requesting that this item be tabled until the next meeting due to the architect's absence from tonight's meeting. Motion to table Item 4.2, 98-SP008, until the September 22, 1998 Planning and Zoning Commission meeting, Commissioner Hubbard; Second, Commissioner Todd. Motion carried 6-0. 5.0 PUBLIC HEARING 5.1 A request for approval of a Specific Use Permit to allow for a mini- warehouse development within the General Retail "GR" zoning district classification, on a tract of 2.79 acres, located at the northeast corner of FM423 and Cougar Alley, in the T. Wilson Survey, Abstract NO. 1352 in the City of The Colony, Denton County, Texas (98-SUP003). Chairman Agnew opened the public hearing. Mr. Persaud began his presentation by stating that the Securlock Self-Storage proposes to expand their present operation south to Cougar Alley. A Specific Use Permit will be required to allow this use in the General Retail "GR" zoning classification. The public hearing has been advertised in the paper and to the adjacent property owners within 200 feet. No response from property owners has been received at this time. The SUP application does require a site plan. After the advertisement for the public hearing was placed, the applicant informed Staff that he would not be present tonight and requested that the item be moved to the next agenda. Staff suggests that we hold the public hearing tonight, and consider the item at the next meeting. Commissioner Todd asked if the SUP could be considered separately. Chairman Agnew stated that the site plan is required for the SUP. Therefore, they cannot be divorced. Commissioner Hubbard asked what is the "thing" in the bottom left-hand comer that has handicapped parking. Mr. Persaud stated that that is parking for the proposed 1,000 sq. fi. office. Commissioner Todd expressed concern about developers not being able to make the meetings. 4 Planning and Zoning Commission September 8, 1998 Motion to continue the public hearing to the September 22, 1998 Planning and Zoning Commission meeting, Commissioner Arteritano; Second, Commissioner Calhoun. Motion carried, 5-1, with Commissioner Todd voting against. 6.0 OTHER BUSINESS None. 7.0 STAFF REPORTS Mr. Persaud briefed the Commission on some upcoming projects. With no further business, the meeting was adjourned at 8:00 p.m. ~-~J~ePh .4gnew~ Chairperson ATTEST: Wade Shelton, Recording Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON October 13, 1998 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 13th day of October 1998, at City Hall with the following members present: Joe Agnew, Chair Calvin Todd Joe Arteritano DeVille Hubbard Sondra Calhoun Dee Hughes Mike Lynch Staff.' Harry Persaud, Director of Planning Wade Shelton, Planning Technician Abel Saldafia, City Engineer With seven (7) 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 September 22, 1998. Commissioner Todd asked that his vote and discussion for item 4.2 and his statement during item 6.0 be recorded verbatim within the minutes. Motion to approve the minutes for the meetings of September 22, 1998 with corrections, Commissioner Todd; Second, Commissioner Arteritano. Motion carried, 6-0, Commissioner Lynch abstaining. 3. CITIZEN INPUT: None. 4. ITEMS FOR CONSIDERATION: 4.1 A request for approval for the final plat for Legend Bend, Phase II, located in the William A. Bridges Survey, Abstract NO. 112, and the R.P. Hardin Survey, Abstract NO. 611, in the City of The Colony, Denton County, Texas (98-FP014). Planning and Zoning Commission October 13, 1998 Mr. Persaud began his presentation by stating that the preliminary plat for Legend Bend, Phase II was approved in July 1998. The number of lots has increased by five. Staff recommends approval of the final plat with two stipulations: that the final plat be approved by the City Engineer in accordance with city specifications, and that the Homeowner's Association Agreement be filed with the final plat. One issue that Staff would like to get the Commission's input on is the drainage easement in the northeast comer of the plat. One of the big questions that Staff has been discussing with the developer is the ownership of the easement. The conclusion that was reached is that the HOA be charged with the responsibility of maintaining the easement, and that the City retains the right to enter the easement for maintenance or for any other work in the future. This is probably the best alternative that can be reached at this time. Another alternative is to ask the developer to provide a 15' parallel access on both sides of the easement for access. Based on the topography of the plat, this would reduce the size of the adjacent lots. This is not a very attractive option. Another option would be to cover the area and pipe the drainage, which is not economically sound. Again, the first option is the best one. Warren Corwin of Corwin Engineering, Inc., 8131 LBJ Freeway, Suite 333, Dallas, Texas and Cary Cobb of Intermandeco, Inc., 1401 Burnham Drive, Plano, Texas were present to answer any questions. Commissioner Todd asked how other drainage easements are maintained throughout the city. Mr. Persaud stated that they are maintained by the City. Most of those do not have very good access. Commissioner Hubbard asked if any drainage easements in the city are maintained by an HOA. Mr. Persaud asked Commissioner Arteritano if such was the case in the Ridgepointe subdivision. Commissioner Arteritano stated that there is a City maintained easement. There is no good parallel access from the street to this easement. Chairman Agnew asked if the drainage easement north of the easement in question (in Northpointe) is maintained by the Northpointe HOA or the City. Mr. Persaud stated that it is maintained by the City. Commissioner Calhoun asked if the standard being sought here is different from the standard throughout the city. Mr. Persaud stated that if we apply the same standard here as is throughout the city, parallel access would be required. Commissioner Hubbard asked if the HOA is responsible for any other landscape maintenance. Mr. Persaud stated that there would be a vast amount of landscaping to be maintained by the HOA. In fact, the landscape plans for Morning Star Drive have been submitted and will be approved by Staff if they meet all the City's requirements. Commissioner Lynch asked what the drop is from Chatham Lane to the drainage area. Mr. Corwin stated that is about 7 feet. Commissioner Lynch stated that there should be 2 Planning and Zoning Commission October 13, 1998 some type of protective railing at that location. Mr. Corwin stated that there would be some type of barrier. Commissioner Lynch stated that if a 15' alley were added to both sides of the drainage area, that would leave 45' for drainage. Will that not suffice? Mr. Corwin stated that the entire 75' is required to provide adequate drainage. Commissioner Hubbard asked if the developer had any preference. Mr. Corwin stated that he would prefer that the HOA maintain the drainage area as is shown on the plat. He does not feel that there will be any problem with access to the area. A 10' wide pilot channel is to be constructed to almost alley standards. This should provide adequate access. Commissioner Lynch asked about the statement "alley standards". What does that entail? Mr. Corwin stated that it would be 10' wide, reinforced concrete pavement, 3000 psi. Commissioner Lynch asked if a professional landscape company would be maintaining the landscaping. Mr. Corwin stated that there is a huge maintenance responsibility throughout the development. This drainage area is a very small part of the responsibility. Commissioner Todd asked what the approximate fee for the homeowners for the HOA. Mr. Cobb stated that it would be approximately $25-35 a month. It will be close to $600,000 a year at buildout. Commissioner Todd asked what could the developer do to help the HOA in the beginning. Initially, the HOA will be under-funded. Mr. Cobb stated that the responsibility would fall on their shoulders. Financial assistance would be provided if need be. Commissioner Todd stated that he was not asking the developer to make the HOA a loan, per se. His idea was that the development be developed fully. "If it is there, it will be maintained. If it is not, it will never get done." What commitments can be made to the community in this development to see that this is done up front, so that it is not a burden? Mr. Cobb stated that the development would be fully vegetated. Chairman Agnew asked if the City Engineer had anything that he would like to make a comment about. Mr. Saldafia stated that the Homeowner's Certificate on the plat should contain a statement pertaining to maintenance and stating the allowance for the City to access the area. Commissioner Lynch asked for a description of the restraining barrier to be located on Chatham Lane by the channel. Mr. Saldafia stated that that has not been addressed on the engineering plans. The elevation drop is about 10'. Typically, there would be some type of guardrail. Chairman Agnew asked how many lots would be gained if the culvert was piped and built over. Mr. Corwin said that no lots would be gained. Planning and Zoning Commission October 13, 1998 Commissioner Arteritano asked about the easements on Lot 35, Block A. Why are they chopped up and why don't they run down a property line? Mr. Saldafia stated that there is an off-site sanitary sewer located in the area. The existing easement to serve that sewer coupled with the necessity for improvements to serve the development as a whole created the situation. That is just how the alignments for the easements worked out. Commissioner Arteritano asked if there would be a sidewalk along Chatham Lane perpendicular to the channel. Mr. Persaud stated that there would be a sidewalk at that location. It will be connected along the drainage area. Commissioner Arteritano stated, then, that the barrier would not only have to protect vehicles from entering the ditch, but pedestrians as well. Motion to approve 98-FP014, the final plat for Legend Bend, Phase II, subject to staff stipulations, and the stipulations: Add a note to the final plat as follows: "The City reserves the right to access Lot 1, Block K at any time for maintenance or other related public works"; The City reserves the right to charge back to the Itomeowner's Association any maintenance required in the event of the Homeowner's Association's failure to maintain property described within the Homeowner's Association Agreement; and, install protective barrier/rails north of Chatham Lane between Lots 42 and 43, Block A to safeguard vehicular and pedestrian traffic, Commissioner Lynch; Second, Commissioner Calhoun. Motion carried, 7-0. 5.0 OTHER BUSINESS Discussion ensued about the difference between a construction trailer and a sign. Mr. Persaud stated that the Sign Ordinance is vague in differentiating between the two. The Commission directed the Staff to review the situation of the Budget Suites construction trailer and to review the Sign Ordinance further in terms of constraints on construction trailers. Mr. Persaud stated that he would look into the situation and inform the Commission of any progress. 6.0 STAFF REPORTS Mr. Persaud discussed training opportunities with the Commission. The Legends parkland dedication will call for an amendment to the concept plan for the development. The developer is essentially swapping land set aside for parks for land planned as single-family residential to meet the parkland dedication requirements. Therefore, Staff feels that it would be unnecessary to go through the entire, drawn-out process of amending the concept plan. The Parks Board has already approved the dedication. The Commission agreed that Staff should move forward with the approval in-house. Mr. Persaud briefed the Commission on some upcoming projects. 4 Planning and Zoning Commission October 13, 1998 The landscape plans for Moming Star Drive have been submitted and are currently being reviewed by Staff. If everything meets ordinance, Staff will go ahead and approve the plans in-house. With no further business, the meeting was adjo~30 p.m. ,~55Jb~ph Agnew, Chairperson ATTEST: Wade Shelton, Recording Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON October 27, 1998 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 October 1998, at City Hall with the following members present: Joe Agnew, Chair Calvin Todd Dee Hughes DeVille Hubbard Sondra Calhoun was absent Joe Arteritano was absent Mike Lynch was absent Staff: Harry Persaud, Director of Planning Wade Shelton, Planning Technician Abel Saldafia, 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 October 13, 1998. Motion to approve the minutes for the meetings of October 13, 1998, Commissioner Todd; Second, Commissioner Hughes. Motion carried, 4-0. 3. CITIZEN INPUT: None. 4. ITEMS FOR CONSIDERATION: 4.1 A request for approval of a final plat for Memorial Drive Right-Of-Way dedication, being a 1.154 acre tract, located in the T. Wilson Survey, Abstract NO. 1352, in the City of The Colony, Denton County, Texas (98- FP016). Planning and Zoning Commission October 27, 1998 Mr. Persaud stated that the dedication plat is for the remainder of Memorial Drive between Blair Oaks Drive and FM 423. The dedication does meet the city's Thoroughfare Plan requirements. Staff is recommending approval subject to the following stipulations: 1. Engineering plans are to be approved in accordance with City specifications. 2. Complete the Volume and Page information. 3. Correct the scale (1" = 50'). 4. Update Item #2 under Notes regarding the FEMA Flood Insurance Rate Map date. 5. City signature block is for the Mayor and City Secretary; please correct. 6. Please separate the drainage and utility easement on the south side of Memorial Drive from the access easement on the northwest comer of the Colony Plaza Addition, Lot 9, Block 1. Bill Winkelmann, of Winkelmann & Associates, 12800 Hillcrest Rd., Suite 200, Dallas Texas, was present to answer any questions. Motion to approve 98-FP016, Right-Of-Way Dedication for Memorial Drive subject to Staff stipulations, Commissioner Todd; Second, Commissioner Hubbard. Motion carried 4-0. 4.2 A request for approval of a final plat for Windhaven Parkway Right-Of-Way dedication, Phases I & II, being 17.77 acres located in the D. Andrews Survey, Abstract NO. 18, J.B. Martin Survey, Abstract NO. 827, and the B. Schoonover Survey, Abstract NO. 1208, in the City of The Colony, Denton County, Texas (98-FP015). Mr. Persaud stated that the plat in question are for the Right-Of-Way dedication for Windhaven Parkway from Plano Parkway to the City of The Colony / City of Plano city limits. The dedication does meet the city's Thoroughfare Plan requirements. Staff is recommending approval subject to the following stipulations: 1. Engineering plans to be approved in accordance with City specifications. Paul Nagler, of Billingsley Development, 4800 West, 2200 Ross Ave., Dallas Texas, was present to answer any questions. Motion to approve 98-FP015, Right-Of-Way Dedication for Windhaven Parkway subject to Staff stipulations, Commissioner Hughes; Second, Commissioner Todd. Motion carried 4-0. 5.0 PUBLIC HEARING 5.1 A request for approval of a preliminary and final replat for Lot 16R, Block 2 of the Garza Little Elm Lake Estates, being a replat of Lots 16-21, Block 2, 2 Planning and Zoning Commission October 27, 1998 being a 0.41 acre tract located in the R.P. Hardin Survey, Abstract NO. 611, in the City of The Colony, Denton County, Texas (98-RP002). Chairman Agnew opened the public hearing at 7:15 p.m. Mr. Persaud stated that the replat is essentially to remove the shared lot lines. The site will be buildable once the replat is approved. The development will be served via the new infrastructure that is part of the Eastvale CIP. Discussion ensued with regard to water service provision to the development. Adequate water, per the City Engineer's estimates, will be available to the development in approximately twelve (12) months. Notice of the replat was placed in the newspaper. No responses have been received in favor or opposition to the replat. Staff recommends approval subject to the following stipulations: 1. Engineering plans are to be approved in accordance with City specifications. 2. Correct the zoning label along the west side of Elm Street from "Light Commercial" to "General Retail". Tom Chu, 501 Cross Cut Drive, Arlington Texas, and Larry Probeck, of Probeck Land Surveyors, 1878 Cliff View Drive, Lewisville Texas, were present to answer any questions. No person spoke in favor or in opposition to the replat. Chairman Agnew closed the public hearing at 7:28 p.m. Motion to approve 98-RP002, Lot 16R, Block 2 of the Garza Little Elm Lake Estates, subject to staff stipulations, Commissioner Hubbard; Second, Commissioner Hughes. Motion carried, 4-0. 6.0 OTHER BUSINESS Chairman Agnew expressed his opinion that the minutes should be shorter. The Commission agreed. The minutes will be presented in a shorter, action-based format. If a Commissioner wishes to have a statement represented verbatim, then they may ask for the Recording Secretary to do so. Also, the recording tapes will be retained for a duration of one year instead of the required six months. 6.1 Discuss signage on construction trailers 3 Planning and Zoning Commission October 27, 1998 Mr. Persaud stated that there is no restriction on construction trailer signage. Staff will issue permits for construction trailers closer to the time of development to reduce the overall visual impact of the trailers. 7.0 STAFF REPORTS Mr. Persaud discussed upcoming items with the Commission. The Southwestern Legal Foundation course is coming up. Please let Staff know if you are interested in attending. City Council has appointed Brian Broom to replace Joe Arteritano. His term will begin the first meeting of December. adjou t 8:00 p.m. With no further business, the meeting was ~~ ,,,,--'~eph Agne'w, Chairperson ATTEST: Wade Shelton, Recording Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON November 10, 1998 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 l0th day of November 1998, at City Hall with the following members present: Joe Agnew, Chair Calvin Todd Dee Hughes DeVille Hubbard Sondra Calhoun Joe Arteritano Mike Lynch was absent Staff: Harry Persaud, Director of Planning Wade Shelton, Planning Technician Abel Saldafia, 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 October 27, 1998. Motion to approve the minutes for the meetings of October 27, 1998, Commissioner Todd; Second, Commissioner Hubbard. Motion carried, 4-0, with Commissioners Calhoun and Arteritano abstaining. 3. CITIZEN INPUT: None. 4. ITEMS FOR CONSIDERATION: 4.1 A request for approval of a site plan for a warehouse facility, located in Lot 16R, Block 2 of the Garza Little Elm Lake Estates, being a 0.41 acre tract located in the R.P. Hardin Survey, Abstract NO. 611, in the City of The Colony, Denton County, Texas (98-SP010). Mr. Persaud stated that the warehouse facility site plan meets all city requirements. A variance is sought to relieve the applicant from having to erect an 8' masonry fence Planning and Zoning Commission November 10, 1998 between the site and the adjacent residential uses to the east. Instead, a 6' chain link fence will be erected in conjunction with red tipped photinias placed 6' on-center along the fence line. This combination should provide adequate screening. Staff recommends approval contingent upon the engineering plans being approved in accordance with city specifications. Discussion ensued conceming the screening of the dumpster. Motion to approve 98-SP010, a site plan for a warehouse facility on Lot 16R, Block 2 of the Garza Little Elm Lake Estates, subject to Staff stipulations, Commissioner Todd; Second, Commissioner Arteritano. Motion carried, 6-0. 4.2 A request for approval of a preliminary plat for Stewart Peninsula, Northshore, being a 36.06 acre tract located in the Samuel Chowning Survey, Abstract NO. 244, Patrick O'Leary Survey, Abstract NO. 978 and the R.G. Dunlap Survey, Abstract NO. 352, located in the City of The Colony, Denton County, Texas (98-PP006). Mr. Persaud began his presentation by stating that the preliminary plat conforms with the area regulations as set forth in the Planned Development ordinance. Several issues are outstanding, however. Most importantly is the provision for a private drive, which is permitted by the Planned Development ordinance. Staff recommends approval subject to the following stipulations: '-- 1. Engineering plans to be approved in accordance with city specifications. 2. Homeowner's Association Agreement to be approved by Staff and filed with the final plat. 3. Amend the Homeowner's Association Agreement with regard to a.) maintenance of private street, b.) maintenance of hike and bike trail, and c.) to provide access at all times to emergency, fire and city vehicles. 4. Include a section in the Homeowner's Association Agreement to allow the City to recover costs incurred for repair, replacement or maintenance of any common area upon the failure of the Association to perform such duties. 5. Redbud Lane needs to be renamed due to the existence of a Redbud Court already existing within the City. Rusty Nichols of Stewart Development Partners, 200 Cottonwood Springs Circle, The Colony, and Russell Fielder of Carter and Burgess, 7950 Elmbrook Drive, Dallas, were present to answer any questions. Mr. Nichols stated that the exact nature of the private drive has yet to be determined. It will most likely be one-way in terms of traffic direction and on-street parking will be prohibited. Whether it is to be gated has not been decided. -- Planning and Zoning Commission November 10, 1998 The Commission stated that the site plan depicting the houses in relation to the private drive and hike and bike trail appears to be exaggerated in terms of the slope depicted. Mr. Fielder stated that it is very exaggerated, and that he will provide a better scaled site plan for City Council. Discussion ensued as to the feasibility of constructing a building pad on several lakefront lots. The lots appear too small due to the location of the flowage easement. Mr. Nichols stated that those lots are anticipated to be custom homes, and they will be buildable lots. However, the lots will be reviewed and corrected at the time of final platting. Motion to approve 98-PP006, Stewart Peninsula Northshore, subject to Staff stipulations and to review the size of building sites which are negatively impacted by topographic features (e.g. Lots 32 & 33, Block K), and, if private street is to be used, then designate the extent of the private drive as opposed to public Right-Of-Way, Commissioner Calhoun; Second, Commissioner Todd. Motion carried, 6-0. 4.3 A request for approval of a final plat for Stewart Peninsula, Cypress Cove Phase II, being a 12.77 acre tract located in the Patrick O'Leary Survey, Abstract NO. 978 and the Samuel Chowning Survey, Abstract NO. 244, located in the City of The Colony, Denton County, Texas (98-FP017). Mr. Persaud stated that the final plat conforms with area and subdivision regulations. The existence of a common area/private drive calls for similar stipulations as the Northshore preliminary plat. Staff recommends approval subject to the following stipulations: 1. Engineering plans to be approved in accordance with city specifications. 2. Homeowner's Association Agreement to be approved by Staff and filed with the final plat. 3. Amend the Homeowner's Association Agreement with regard to a.) maintenance of private street, and b.) to provide access at all times to emergency, fire and city vehicles. 4. Include a section in the Homeowner's Association Agreement to allow the City to recover costs incurred for repair, replacement or maintenance of any common area upon the failure of the Association to perform such duties. 5. Cliffside Dr. and Redbud Lane need to be renamed (streets already exist with those names). Motion to approve 98-FP017, Stewart Peninsula Cypress Cove Phase II, subject to Staff stipulations, Commissioner Hubbard; second, Commissioner Calhoun. Motion carried, 6-0. 4.4 A request for approval of a final plat for Stewart Peninsula, The Heights Phase II, being a 19.76 acre tract located in the Patrick O'Leary Survey, Abstract NO. 978 and the Samuel Chowning Survey, Abstract NO. 244, located in the City of The Colony, Denton County, Texas (98-FP018). Planning and Zoning Commission November 10, 1998 Mr. Persaud began his presentation by stating that the final plat for The Heights, Phase II, meets area and subdivision regulations. Motion to approve 98-FP018, Stewart Peninsula The Heights Phase II, subject to Staff stipulations, Commissioner Hughes; second, Commissioner Todd. Motion carried, 6-0. 4.5 A request for approval of a preliminary and final plat for the Lago Vista Addition, being a 5.82 acre tract located in the B.B.B. and C.R.R. Survey, Abstract NO. 172, in the City of The Colony, Denton County, Texas (98- PP009/98FP019). Mr. Persaud stated that the preliminary and final plat complies with city requirements with a few exceptions. The first being that Staff will limit the number of driveways to the platted property to two. This is per the Engineering Design Manual of the City which stipulates two driveways per 500ft. of frontage on a major arterial. The developer is requesting three curb cuts. Staff is recommending approval subject to the following stipulations: 1. Engineering plans to be approved in accordance with City specifications. 2. Future development of Lots 1, 2 & 3 will be limited to two (2) driveways with mutual access easements. Tim House of Matthews Southwest, 1660 S. Stemmons #280, Lewisville, was present to answer any questions. At this time, Chairman Agnew, with the consensus of the Commission, opened item 4.6 to discuss and consider simultaneously with the current item. 4.6 A request for a variance to the Engineering Design Manual and Standard Construction Details of the City of The Colony, Section 3.01, to provide for three curb cuts where two is permitted (98-M007). Mr. House stated that he feels that he might have made a mistake by applying for a variance. He stated that the Engineering Design Manual allows two driveways per platted lot, not to the subdivision. Therefore, he would be able to place six driveways instead of two. He is only asking to place three driveways, one for each user. Commissioner Hubbard asked about the necessity for a deceleration lane. Mr. Persaud stated that there was discussion with regard to a deceleration lane to the site. It was determined that the deceleration lane would have to begin well north of the subject site and impede on other properties which are not involved in the project. Therefore, it is not feasible at this time. 4 Planning and Zoning Commission November 10, 1998 Mr. Persaud stated that the dedication requirements for FM 423 have been met via the plat. Mr. Saldafia stated that the Engineering Design Manual is not very clear in terms of the driveway requirements. He stated that his interpretation is that the requirement is per platted lot. As these lots are in the platting stage, now would be the time to address such engineering issues. Discussion ensued as to the feasibility of an addition median cut near Lot 3. Mr. Persaud stated that the median cut, if proposed, would have to meet TxDOT specifications. Motion to approve 98-PP009 and 98-FP019, Preliminary and Final Plat for Lago Vista Addition subject to Staff stipulations, Commissioner Hubbard; Second, Commissioner Hughes. Motion carried, 6-0. Motion to approve 98-M007, to remove Stipulation #2 from the previous motion and to recommend the variance to the Engineering Design Manual and Standard Construction Details of the City of The Colony, Section 3.01, to provide for three curb cuts where two is permitted, Commissioner Hubbard; Second, Commissioner Calhoun. Motion carried, 6-0. 5.0 PUBLIC HEARING 5.1 A request for approval of a Specific Use Permit under Section 10-903 of the Comprehensive Zoning Ordinance for the sale of liquor, beer and wine, upon application of Angelina's Restaurant, located in Lot 1 of the Lago Vista Addition, being a 1.98 acre tract located in the B.B.B. and C.R.R. Survey, Abstract NO. 172, in the City of The Colony, Denton County, Texas (98- SUP005/98-SP011). Chairman Agnew opened the public hearing at 8:36 p.m. Mr. Persaud began by stating that the City Attorney advised that the application for the Specific Use Permit be processed. The purpose of the public hearing is to consider the sale of beer, wine and/or liquor on the subject site. Mr. Persaud stated that the site plan for the new Angelina's restaurant meets most city specifications with a few exceptions. The applicant is requesting a variance to the requirement of placing an 8' masonry wall between the subject site and the property to the north. While the land use to the north of Lot 1 is residential, Staff feels that the use will terminate in the future and the ensuing development will be nonresidential in nature. Also, the landscaping requirements have not been fully addressed. Staff recommends approval subject to the following stipulations: 1. Engineering plans to be approved in accordance with City specifications. Planning and Zoning Commission November 10, 1998 2. Zoning stipulation on the southem tract should read "General Retail" instead of "Retail". 3. The amount of landscaping in the street yard needs to be increased form 15 % to 20%. 4. Prohibited trees need to be removed from the Planting Schedule. 5. Signage shall be in accordance with the City's Sign Ordinance. 6. Install a left-tm lane on northbound FM 423 in accordance with TxDOT specifications. There was no person present to speak against the application. Tim House and Duane Snider, architect for the project, 4644 Freeman Dr., The Colony, was present to answer any questions. A question arose as to the provision of prohibited trees on the Landscape Plan. Mr. House stated that the prohibited trees would be located in the back of the property. They are being implemented to provide xeriscaping to the site. They are not existing trees. Mr. Snider stated that the Ashes in front of the building will be changed to conforming trees, and the street yard landscaping will be increased to 20%. Mr. Saldafia stated that the City needs to require the left turn lane on northbound FM 423. Motion to approve 98-SUP005 and 98-SP011, the Specific Use Permit under Section 10-903 of the Comprehensive Zoning Ordinance for the sale of liquor, beer and wine, upon application of Angelina's Restaurant, located in Lot 1 of the Lago Vista Addition and the attached site plan, subject to Staff stipulations, amending stipulation #4 to allow for the use of prohibited trees provided the prohibited trees are not used for calculating landscaping requirements, Commissioner Todd; Second, Commissioner Hubbard. Motion carried, 6-0. 5.2 A request for approval of a replat for Lots 15 & 16, Block 11 of the Garza Little Elm Lake Estates, being a 0.60 acre tract located in the G. Emerlin Survey, Abstract NO. 394, in the City of The Colony, Denton County, Texas (98-RP004). Mr. Persaud stated that the replat is essentially to remove the shared lot line. The applicant is requesting the replat so as to build a large house on the replatted tract. Thirty- six notices were mailed to the property owners within 200' of the subject tract. At the time of this report, six (6) responses have been received, five (5) in favor and one (1) opposed to the replat. Staff recommends approval of the replat subject to the stipulation that engineering plans are to be approved in accordance with City specifications. No persons were present to speak in favor or opposition to the request. Chairman Agnew closed the public hearing at 9:03 p.m. 6 Planning and Zoning Commission November 10, 1998 Motion to approve 98-RP004, replat for Lots 15 & 16, Block 11 of the Garza Little Elm Lake Estates, subject to Staff stipulations, Commissioner Calhoun; Second, Commissioner Arteritano. Motion carried, 6-0. 6.0 OTHER BUSINESS None. 7.0 STAFF REPORTS Mr. Persaud discussed upcoming items with the Commission. The volunteer recognition banquet is this Thursday evening. Please let Ruthann Devlin know if you are to attend. With no further business, the meeting was adjourned at 9:10 p.m. ~/bS~ph~Agn'ew, - Chairperson ATTEST: Wade Shelton, Recording Secretary 7 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON December 8, 1998 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 8th day of December 1998, at City Hall with the following members present: Joe Agnew, Chair Calvin Todd DeVille Hubbard Brian Broom Mike Lynch was absent Dee Hughes was absent Sondra Calhoun was absent Staff: Harry Persaud, Director of Planning Wade Shelton, Planning Technician Abel Saldafia, City Engineer Pam Nelson, Director of Parks and Recreation 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 November 10, 1998. Motion to approve the minutes for the meetings of November 10, 1998, Commissioner Hubbard; Second, Commissioner Todd. Motion carried 4-0. 3. CITIZEN INPUT: None. 4. ITEMS FOR CONSIDERATION: 4.1 A request for a variance to Section 6-26 (4) of the Sign Ordinance to allow for 24 holiday banners to be placed at major intersections within the City Right-of-Ways. (98-M008). Mr. Persaud stated that the current sign ordinance allows no more than five, 12 sq. fi. signs to be located in the City. The variance will allow twenty-four signs to be located at major intersections within the city. Staff recommends approval. Planning and Zoning Commission December 8, 1998 Teresa Sidwell, Special Events Board Chair for the City of The Colony was present to answer any questions. ~ Mrs. Sidwell stated that the method by which the signs are erected and displayed would allow for future usage of the same brackets for other events. The brackets are permanently affixed to the street light fixtures. Mr. Persaud stated that some time in the future Staff would like to amend the sign ordinance to allow for the placement of such signs. Motion to approve 98-RP005, a variance to Section 6-26 (4) of the Sign Ordinance to allow for 24 holiday banners to be placed at major intersections within the City Right-of-Ways, Commissioner Todd; Second, Commissioner Hubbard. Motion carried 4-0. 4.2 A request for approval of a final plat for the Memorial Park Site dedication, Lot 1, Block 1, being a 35.00 acre tract located in the B.B.B. & C.R.R. Survey, Abstract NO. 173, located in the City of The Colony, Denton County, Texas (98-FP020) Mr. Persaud stated that the 35.00 acre tract does meet the parkland dedication requirements as stipulated by City ordinance. The conveyance plat will convey the land -- indirectly to the City through the Texas Parks and Recreation Foundation. Staff recommends approval with the following stipulations: 1. Engineering plans are to be approved in accordance with City specifications. 2. Developer will sign agreement requiring pro-rata participation in drainage improvements. Ms. Nelson stated that it has not been determined what type of facilities will be located within the park site. To clarify, dedicating the park site to the Texas Parks and Recreation Foundation will allow the City to use the parkland as a matching source of funds upon application for grants. This will be identical to the process followed in obtaining the grant for Bill Allen Memorial Park. The Texas Parks and Recreation Foundation will hold the land in trust until the City is ready to develop the land. At that time, the City may elect to develop the park site in phases to apply for as many grants as possible. William Sheveland, of JNC Enterprises, 2050 Piano Road, Ste, 100, Richardson, Texas, was present to answer any questions. Mr. Sheveland wanted to call to the Commission's attention that JNC is voluntarily dedicating not only the park site but the water tower site for the Legends development as well. This is more than what was required of JNC. In addition, a lien holder on the 2 Planning and Zoning Commission December 8, 1998 parkland property is willing to release the land to the City. He would like written assurance that the dedication of the parkland and water tower site meet all requirements and assurance that by conveying the park site to the trust instead of the City that JNC is meeting all obligations as well. He would like this to be acknowledged to the City Council. Chairman Agnew asked if this dedication of the park site meets the dedication requirements of the City. Mr. Persaud stated that it does. Motion to approve 98-FP020, a final plat for the Memorial Park Site dedication, Lot 1, Block 1, subject to Staff stipulation, Commissioner Todd; Second, Commissioner Broom. Motion carried 4-0. 4.3 A request for approval of a final plat for the Colony Water Tower Site dedication, Lot 1, Block 1, being a 2.01 acre tract located in the William A. Bridges Survey, Abstract NO. 112, located in the City of The Colony, Denton County, Texas (98-FP021) Mr. Persaud stated that JNC is dedicating the water tower site in addition to the parkland dedication. The water tower site in question has been planned at this location for several years. The site is accessible via a residential street and will provide access to Bridges Cemetery. Staff recommends approval subject to the stipulation that the engineering plans are to be approved in accordance with City specifications. Discussion ensued regarding maintenance of Bridges Cemetery. Motion to approve 98-FP021, a final plat for the Colony Water Tower Site dedication, Lot 1, Block 1 subject to Staff stipulations, Commissioner Hubbard; second, Commissioner Todd. Motion carried 4-0. 5.0 OTHER BUSINESS None. 6.0 STAFF REPORTS Mr. Persaud discussed upcoming items with the Commission. Ike Obi has been appointed to the Commission to replace Mike Lynch. He will begin his tenure in January. Also, please welcome Brian Broom to the Commission. He has replaced Joe Arteritano who resigned this month. With no further business, the meeting was adjourned at 7:55 p.m. 3 Planning and Zoning Commission December 8, 1998 Joseph Agnew, Chairperson ATTEST: Wade Shelton, Recording Secretary 4 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON December 15, 1998 The Regular Session of the Planning and Zoning Commission of the City of The Colony, th Texas was called to order at 7:00 p.m. on the 15 day of December 1998, at City Hall with the following members present: Joe Agnew, Chair Calvin Todd DeVille Hubbard Brian Broom Dee Hughes Sondra Calhoun Mike Lynch was absent Staff: Harry Persaud, Director of Planning Wade Shelton, Planning Technician Abel Saldafia, City Engineer With six (6) members present, a quorum was established and the following items were addressed: 2. DISPOSITION OF MINUTES: The Planning and Zoning Commission Minutes for December 8, 1998 were not provided to the Commission for approval. 3. CITIZEN INPUT: None. 4. PUBLIC HEARING: 4.1 A request for approval of a conveyance plat being a replat of the Ridgepointe Professional Office Park Addition, a 1.726 acre tract located in the T. Wilson Survey, Abstract NO. 1352, located in the city of The Colony, Denton County, Texas (98-CP003). Chairman Agnew opened the public hearing at 7:06 p.m. Mr. Persaud began his presentation by stating that the replat will combine three platted tracts into one large tract while at the same time reducing the size of the improved tract. The purpose of the replat is to assemble the property for conveyancing, not development. When the tract is to be developed, a development plat will be required. Planning and Zoning Commission December 15, 1998 Right-Of-Way dedication requirements can not be met completely via the replat. Ten feet of Right-Of-Way is requested where fifteen feet would be required. The ten feet dedication will maintain the integrity of the 25' building setback line for the existing dental office. All other development guidelines have been met. Staff recommends approval subject to the stipulation that the surveyor rename Lot 1 and Lot 2 as "Lot 1R" and "Lot 2R" to denote the replat. David Surdukan of Surdukan Surveying, Inc., 5120 North Colony Blvd., The Colony, Texas, was present to answer any questions. Chairman Agnew closed the public hearing at 7:15 p.m. Motion to approve 98-CP003, a conveyance plat being a replat of the Ridgepointe Professional Office Park Addition, Commissioner Calhoun; Second, Commissioner Hubbard. Motion carried 6-0. 5.0 OTHER BUSINESS Chairman Agnew stated that before the meeting he met with Lucy Billingsley about the Austin Ranch development. He has asked her to provide to all Planning Commissioners the information she provided him. Mr. Persaud reminded the Commission that all meetings with developers must be public. 6.0 STAFF REPORTS Mr. Persaud discussed upcoming items with the Commission. Mr. Persaud introduced Ike Obi to the Commission. With no further business, the meeting was adjourned at 7:25 p.m. Chairperson ATTEST: Wade Shelton, Recording Secretary 2