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HomeMy WebLinkAbout1995 P&Z MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JANUARY 24, 1995 A REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:40 p.m., at City Hall, 5151 North Colony Blvd, with the following Commissioners in attendance: Steve Wolfard Present Steve Tolen Present Cindy DePrater Present Steven Swerdloff Present Barbara Crocker Present Lyle Hilyard Present Jan Cottle Present and with all members present a quorum was established. Also in attendance were: Council Liaison Mike Lynch, Sam Chavez - Staff Liaison/City Planner and Sharon Sebera - Recording Secretary and the following items were discussed: 2. MINUTES A. Approval or correction of Planning and Zoning Commission minutes of December 27, 1994. Motion to approve the minutes of December 27, 1995, with the correction of Jan Cottle's name - Hilyard; second - Deprater. Motion passed by acclamation. S. Approval or correction of Planning and Zoning Commission minutes of January 10, 1995. Motion to approve the minutes of January 10, 1995, with the correction of Jan ~ottle's name - Cottle; second - Swerdloff. Motion passed by acclamation. 3. CITIZEN'S INPUT None. 4. WORKSESSION A. Planning & Zoning Commission Orientation Sam Chavez made his presentation to the Commission by introducing the planning process. Refer to Exhibit "A" attached. Discussion lead to the subject of the Thoroughfare Plan and the Comprehensive Land Use Plan. A concern regarding acquisition of right-of-way was raised. Mr. Chavez stated that traditionally cities have required the dedication of right-of-way in conformance with adopted thoroughfare plans. However, due to the recenet court case; "Dolan v. City of Tigard", the courts have decided that the burden would be on the government to show a "rough proportionality" between the conditions imposed and the developments expected impact. Commissioner Tolen voiced concern over the Commission allowing particular zoning in a flood plain and the legal ramifications. Lengthy discussion regarding the Commissioner's role in flood plain management. It was noted that the city has a Flood Plain Administrator. During the orientation regarding legal issues, Council Liaison Lynch reminded the Commission that it is a violation of the Open Meetings Act for more than three (3) Commissioners to discuss/deliberate on a case on their agenda outside a Commission meeting. Discussion regarding Citizen Input protocol. A copy of the protocol for citizen's speaking at City Council meetings will be provided to the Commissioners. Mr. Chavez reviewed the purpose of the site plan and what purpose the conceptual plan and a developmental plan serve. Lengthy discussion regarding Planned Development zoning and the placement of a time limit on the zoning. Mr. Chavez noted that when a time limit is placed on a P.D. District, if nothing happens within that time limit, the city has to initiate a re-zoning case and determine an appropriate zoning district for the property. Discussion regarding the restrictiveness of time limits, the burden placed on the city, and the economic impact as seen by developers. Further discussion with regard to the Comprehensive Land Use Plan. Mr. Chavez stated that if a developer wanted to change the land use of a Multi-family zoning to Single Family, the Comprehensive Land Use Plan would have to be amended if the Commission %nd Council determine that the proposal meets the goals and policies of the Comprehensive Plan. Commissioner Crocker stated that she would like the Public Hearing portion of the meetings to be addressed as two separate items: one as the actual Public Hearing, and the second to address the recommendation. Mr. Chavez stated that by doing it that way, if the recommendation is tabled and the Public Hearing was closed prior to the Commission's motion, the Public Hearing could not be re-opened without having to re-advertise the case as a Public Hearing. Mr. Chavez addressed the proper way to open and close Public Hearings. With regard to zoning changes, Commissioner Tolen asked why signs were not placed on the property to be re-zoned. Mr. Chavez stated that teh city's Zoning Ordinances does not adress this issue and that the city is currently in compliance with all state requirements on the notification requirement for zoning and replat cases. Commissioner Swerdloff suggested amending the Zoning Ordinance to require developers to supply the signs. Council Liaison Lynch asked for an interpretation of Section 17-5(1) of the Code of Ordinances (a copy was provided to each Commissioner). Mr. Chavez advised that this allows the Commissioners to physically inspect the piece of property, for example, for a requested zoning -3- change. Section 17-5(9) was recommended to be amended with regard to submitting a progress report each September. Lengthy discussion followed regarding the Certificate of Occupancy process, enforcement of the landscaping ordinance and compliance with ADA requirements. The pawn shop was named as one example. Mr. Chavez stated that staff insures that developers meet the minimal or approved zoning requirements an ADA standards as required in the Uniform Building Code. TRAFFIC IMPACT STUDIES: The Commissioners requested that the same methodology be used by the various engineers when conducting traffic impact studies. This could be addressed in the package given to the developers. SPECIFIC USE PERMITS: Discussion regarding Specific Use Permits and some uses that are questionable. It was noted that it would be best to make amendments to the Zoning Ordinance once the Comprehensive Land Use Plan is in completed. 9:40 - Recess 9:46 - Reconvened SITE PLANS: Staff reviews site plans that have been submitted to insure that all zoning and planned development requirements have been met and to recommend additional requirements as needed. FINAL AND PRELIMINARY PLATS: Plats mu~t meet all requirements of the Zoning Ordinance and subdivision Ordinance. Mr. Chavez advised that as long as it does, the city is obligated to recommend approval. The plat must be acted upon by City Council within thirty (30) days of it being posted on an agenda. If it is not, it is automatically considered approved. Such things as the Zoning and Subdivision Ordinance right-of-way and easements are reviewed by staff prior to the item being placed on the Commission's agenda. Final Plats, for which Preliminary Plats were approved, will not be placed on the Commission's agenda until the Preliminary Plat reflect's all of the Commission's and Council's conditions 'of approval. REPLATS: Are brought before the Commission for adjustments to property lines, removal of easements, etc. When a plat is amended it is usually for minor technical errors or a surveyor's error. Minor Administrative Plats involve less than four (4) lots and is reviewed and approved by Staff. If Staff recommends denial it would then have to go before the Commission and Council for approval. COMPREHENSIVE PLANNING: Mr. Chavez advised that Staff is in the process of establishing an orientation dedicated solely to Comprehensive Planning. We will possibly have someone come in that has already gone through this process for the orientation. Discussion regarding miscellaneous issues, including placing the P&Z agendas on the cable. 6. OTHER BUSINESS ** Commissioner Tolen advised that he would like to see the signage regulations for re-zoning, a copy of the proposed Thoroughfare Plan, FEMA maps and a standard formula for traffic impact studies. 7. STAFF REPORTS ** There are two items for the 2-14-95 agenda: one Final Plat and a possible re-zoning. ** The election of Officers will be on the next Commissioner's agenda. ~ith no further business to discu~ ~meeting was adjourned at10:30 p.m. ~ ~ ATTEST: ~ Sharon E. Sebera, Recording Secretary MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING HELD ON February 14, 1995 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:40 p.m. on the 14th day of February 1995, at City Hall with the following members present: Steve Tolen Present Steve Wolfard Present Cindy DePrater Absent Steven Swerdloff Present Barbara Crocker Present Lyle Hilyard Present Jan Cottle Absent also in attendance was Council Liaison 1W_tke Lynch and Sam Chavez, City Planner. With five members present, a quorum was established and the following items were addressed: 1. CONSIDERATION OF NOMINATIONS FOR THE ELECTION OF OFFICERS Chairman Pro-tern Crocker opened the floor for nominations for the positions of Planning and Zoning Commission Chairman, Vice-Chairman and 1 st Vice-Chairman. Motion to nominate Commissioner as Chairman Steve Swerdloff- Commissioner Tolen, with no other nominations, seconded by Commissioner Hilyard. Motion passed unanimously. Motion to nominate Commissioner Crocker as Vice Chairman - Commissioner Hilyard, with no other nominations, seconded by Commissioner Swerdloff. Motion passed unanimously. Motion to nominate Commissioner Hilyard as 1st Vice Chairman - Commissioner Tolen, with no other nominations, seconded by Commissioner Swerdloff. Motion passed unanimously. Results: Steven Swerdloff- Chairman Barbara Crocker - Vice Chairman Lyle Hilyard - 1 st Vice Chairman 2. CITIZEN INPUT None. Page 1 Planning and Zoning Commission Meeting: 02/14/95 ITEMS FOR CONSIDERATION: 4. 02-95FP1 Denton County Government Center Addition/Greg Edwards: Sam Chavez, City Planner, addressed the Commission stating that the applicant is requesting approval ora final plat for the Denton County Government Center Additior~ With the exception of those items found in staffs stipulations, the final plat conforms with the Comprehensive Zoning Ordinance and Subdivision Ordinance. Mr. Greg Williams, Metroplex Engineering was present at the meeting. Commissioner Hilyard asked why the property was never platted. Mr. Chavez stated that at the time the site was developed, County and State entities did not normally abide by City regulations, however, now they do. Commissioner Tolen asked about the plans for the new facility. Mr. Chavez stated that building plans have been submitted for a cursory review and that the final plans would be reviewed by staff at the time of a request £or a building permit. Discussion regarding zoning and compatibility of this use and building setback requirements. Commissioner Crocker asked Mr. Edwards if he had any problems with Item #7 of staffs stipulations. Mr. Edwards said no, and that they agree with all the changes. Council Liaison Mike Lynch stated that the 50' or 70' fight-of-way easement needs to be shown on the plat. Mr. Chavez said the granted right-of-way easement on the property was granted on a temporary basis, and since then has expired. The City is currently in the process of acquiring or has acquired right-of-way on the property located south o£the site to meet this concern, however, this needs to be researched. Commissioner Tolen asked Mr. Edwards if they would be opposed to showing this easement. Mr. Edwards stated that he can not speak for the County. Motion to recommend approval of the final plat subject to all staff stipulations - Crocker; second - Hilyard. The motion passed with a unanimous roll call vote. Page 2 Planning and Zoning Commission Meeting: 02/14/9~ PUBLIC HEARING 5. 02-95Z1 The Colony Retail/Steve Shanks: Sam Chavez, City Planner, addressed the Commission stating that the applicant is requesting approval of a change in zoning of a 65 acre tract for the (GR) General Retail District and a Planned Development for the (MF-3) Multi-Family Residential District with a maximum bonus density of 21 dwelling units per acre. The site is located at the northeast intersection of State Highway 121 and Main Street (F.M. 423), and is currently zoned for the (BP) Business Park District. Mr. David McCreary, attorney representing United Commercial Development, addressed the Commission. Also in attendance were David Dunning, Steve Shanks and Mark Goode with United Commercial Development. Photographs showing similar commercial developments completed in the past by United Commercial were distributed to the Commission. Mr. Dunning stated that there is a contract "on the table" with a major grocery chain to anchor the proposed shopping center at F.M. 423 and S.H. 121. They are proposing to build a 55,000 sq. f~. super store. There is also a major oil company, restaurants and some other anchors that are interested in this project. United Commercial Development would develop the General Retail and will contract with a Multi-Family developer. Commissioner Tolen asked why the east/west thoroughfare was shit~ed further south than currently shown on the Thoroughfare Plan. Mark Goode stated that in deliberations with John Frieble (Hunter & Associates), it was determined that the Thoroughfare Plan does not specify an exact alignment, however, it does stipulate the right- of-way requirements for each segment. The placement of this thoroughfare still intersects on the west at the same location. Discussion followed regarding a four (4) lane divided thoroughfare as opposed to a six (6) lane divided and right-of-way requirements. Mark Goode said that a six (6) lane thoroughfare is not warranted since S.H. 121 is so close in proximity and this portion is only one mile long and will be built in sections. Commissioner Hilyard asked what infrastructure would be impacted in a business park zoning. Mr. Chavez said the impact would be the same. Commissioner Hilyard said, however, with the multi-family the impact would be substantially higher. Lengthy discussion regarding the placement of the east/west thoroughfare followed. Page 3 Planning and Zoning Commission Meeting: 02/14/95 Mr. Chavez said that the alignment as shown on the Thoroughfare Plan requires the acquisition of fight-of-way from L.I.S.D. and Mr. Nowlin and roadway construction by the city. Steve Shanks said that Nowlin Street could be turned into a cul-de-sac to provide access for the northeast portion of the tract. Discussion regarding the creek' being an asset to the multi-family development and that traditionally multi-family is an appropriate buffer between non-residential and single family. Commissioner Hilyard said that there are currently over 500 acres zoned as multi-family and questioned if the demand was that high? Lengthy discussion followed regarding the placement of multi-family vs non-residential, and traffic on the east/west thoroughfare. Commissioner Hilyard said he has a concern over the multi-family zoning request and its demand on the infrastructure. The Commission should determine what the appropriate zoning should be and consider its impact on such things as schools, traffic and infrastructure. Mr. Chavez said that the city does not participate in the installation of infrastructure. The developer installs the infiastmcture and in addition, pays an impact fee to cover the impact on the city's existing irrfi'astructure. Commissioner Crocker asked the developer if his request could be divided into two different zoning requests. Mr. Dunning said that the property is currently under contract as a whole, and that they are ready to begin development. Mr. Shanks said that he has worked with three multi-family developments and that they have all been located contiguous to Commercial zoning. The multi-family would be marketed towards middle and upper income groups and would be more like condominiums. Chairman Swerdloffasked Mr Dunning if he was opposed to the 100 foot right-of-way as suggested by staff ? Mr. Dunning said that they would agree to provide the requested right-of-way. Mr. Chavez said that the amount of multi-family that can be developed on the site is limited due to the creek and flood plain areas. Page 4 Planning and Zoning Commission Meeting: 02/14/95 Mike Lynch - 4921 Roberts, requested the Commission to address issues concerning the proposed and required fight-of-way on F.M. 423, the east/west road's fight-of-way and its location and the number of allowable units on the multi-family. The proposed 140 feet of right-of-way; if approved, will decrease the developable acreage of the multi-family development. The Commission could put a restriction on the apartment development that it not be developed until at~er the general retail is completed. Mr. Chavez said the current adopted Thoroughfare Plan designates F.M. 423 as having 120 feet of fight-of-way. The applicant's conceptual plan matches the current adopted Thoroughfare Plan. If the right-of-way is increased to 140 feet, the developable acreage of the multi-family development would decrease. Densities for developments are calculated less right-of-way, flood plains etc. Commissioner Tolen asked if staff has received any input from property owners surrounding this tract. Mr. Chavez said that the surrounding property owners include the City, L.I.S.D., Centex, Mr Nowlin and the Town of Hebron. All have been notified of the zoning change request and only Mr. Nowlin has submitted a response. Commissioner Hilyard asked Mr. Dunning if he has reviewed staffs stipulations. Mr. Dunning said yes. Commissioner Wolfard asked if it would be feasible to place a Business Park zoning on Tracts B and C? Mr. Dunning said no. Motion to close the public hearing and recommend denial of the zoning request based on the impact of traffic, schools and infrastructure making the requested zoning change less appropriate than the current zoning on the property. - Commissioner Hilyard. Second - Commissioner Tolen. Motion failed with the following roll call vote: Commissioner Wolfard - No; Commissioner Hilyard - Aye; Commissioner Crocker - No; Commissioner Tolen - Aye; Chairman Swerdloff- No. (2-3) Commissioner Hilyard said that the location of the multi-family development would require the children to attend Carney Elementary and it would require redistricting. Mr. Chavez said that approximately 125 students would be generated by the requested zoning, which is approximately 4 times less than is currently generated by single-family development. Commissioner Crocker said that she has a problem with apartments unless she had some assurance Page 5 Planning and Zoning Commission Meeting: 02/14/95 from the developer that they will attempt to find another land use. The developer should provide a detailed conceptual plan and a demographic study for the development. Mr. Dunning said that with the Planned Development zoning, a conceptual plan would be provided. Further discussion regarding different uses. Mr. Chavez said that as an option, the Commission could approve the Planned Development and designate the use for MF-3 and/or whatever other use they deemed appropriate. Commissioner Crocker asked if they require that the creek must be utilized as an amenity. Mr. Chavez said yes. Commissioner Crocker asked if it would be possible to place a 75% masonry requirement on the entire development regardless of the building height. Mr. Shanks said that it would require load bearing walls and would be very hard to accomplish. The Commission should be cautious with stipulations that might affect other design and structural requirements. Lengthy discussion followed regarding the exterior finish of the Multi-Family units. Commissioner Crocker asked if they would be required to sprinkle the units? Mr. Chavez said that it would be required if the Multi-Family Fire Sprinkler Ordinance scheduled before City Council on the 27th of February is approved. Commissioner Tolen expressed his concern regarding the right-of-way on F.M. 423. Discussion regarding the on-site amenities of the PD for the IBM property. Mr. Chavez said that staff deleted several amenities included in the original bonus points provided with the IBM tract. These elements were very specific and unique design elements such as window treatments, garage parking for structures, on-site amenities, and solarium/greenhouse requirements. Commissioner Tolen asked if any of the adjacent property owners were in the audience and for their views of the realignment of the east/west thoroughfare? Mr. Steve Bilheimer of Centex said that they have no objection to the realignment. Page 6 Planning and Zoning Commission Meeting: 02/14/95 Motion to close the Public Hearing and recommend approval of the zoning request based on all staff stipulations, with the following amendments; 06. Tract C shall be zoned as Planned Development for the (MF-3) Multi-Family Residential District or the General Retail District and//12. Masonry Requirements: .... require three story buildings to provide 50% brick exterior f'mishes on all exterior walls, - Commissioner Crocker, second- Commissioner Wolfard Motion passed with the following roll call vote: Commissioner Woifard - Aye; Commissioner Uilyard - No; Commissioner Crocker - Aye; Commissioner Tolen - No; Chairman Swerdloff- Aye. 4. STAFF REPORTS Mr. Chavez informed the Commission of the following items pending City Council approval: 1. Fire Sprinkler Ordinance for multi-family developments, 2. Thoroughfare Plan - tentatively scheduled for City Council in March The are two items scheduled for the Planning and Zoning Commission's meeting on February 28, 1995; final plats for the Cottonwood Springs Addition, Phase 1 and the Southshore Addition, Phase 2. Discussion was held regarding zoning notification signs and their link to the budget and zoning text amendments. Problems with insuring that the developer posted the signs on their sites were also discussed. With no further business to address, Chairman Swerdloff adjourned the meeting at 10:20. Sharon E. Sebera, Recording Secretary Page 7 MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING HELD ON February 28, 1995 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:40 p.m. on the 28th day of February, 1995, at City Hall with the following members present: Steve Tolen Present Steve Woifard Present Cindy DePrater Absent Steven Swerdloff Present Barbara Crocker Present Lyle Hilyard Present Jan Cottle Absent also in attendance were Council Liaison l~ke Lynch and Sam Chavez, City Planner. With five members present, a quorum was established and the following items were addressed: 2. ~S: Approval or correction of Planning and Zoning Commission Minutes:' January 24, 1995 Motion to approve the minutes of the meeting held January 24, 1995 - Commissioner Tolen; second - Commissioner Crocker. Correction of a typographical error noted - Motion passed with a unanimous vote. None. ITEMS FOR CONSIDERATION: 4. 02-95FP2 Southshore Addition, Phase 2/Truman C. Edminster Mr. Chavez addressed the Commi.~qion stating that the applicant is requesting approval of a final plat for Phase 2 of the Sou~hshore Addition The 25.09 acre site is zoned Planned Development for single-family residential uses. The proposed subdivision includes 67 single family residential lots and with the exception of Lots 8 and 9 of Block D, the final plat conforms with the Comprehensive Zoning Ordinance, Subdivision Ordinance and the Planned Development's minimum zoning requirements. Page 1 Planning and Zoning Commission Minutes: 02/28/95 Mr. Truman Edminster, of Carter & Burgess, Inc. representing Stewart Peninsula Development said that the applicant will comply with all staff stipulations. An overview of Stewart Peninsula Development was presented which included such items as the naming of the Additions, concept of the community, and the creation of the Homeowner's Associations. Landscaping plans and the golf course were also discussed. Mr. Edminster said the landscaping continues down Noah Colony Blvd. from Southshore Phase I. In addition, North Colony Blvd. will be widened from a four (4) lane undivided to a four (4) lane divided roadway and the sharp curve at (Sparks) will be removed and realigned with the entrance into the park. This is scheduled to be completed by Memorial Day. Commissioner Crocker asked how Lots 8 and 9 were going to be amended. Mr. Edminster said that Lots 11 and 12 can be adjusted to accommodate the needed footage. Commissioner Crocker asked when the improvements on the road were to begin. Mr. Nichols said that normally grading/excavation and utility work is done first, however, in this case the widening of this portion of North Colony Blvd. would be done prior to anything else. Commissioner Crocker asked about the percentage of build-out in the first phase. Mr. Nichols said that about 48% of the lots are closed on at this time. Commissioner Hilyard asked if the builders were supplying the fencing. Mr. Edminster said yes for the homes, however, Stewart Peninsula Development supplies the fencing along North Colony Boulevard. Motion to recommend approval of the final plat for Southshore Addition Phase 2, subject to all staff stipulations - Commissioner Hilyard; second - Commissioner Crocker. The Motion passed with a unanimous roll call vote. 5. 02-95FP3 Cottonwood Springs Addition, Phase 1/Truman C. Edminster: Mr. Chavez said that the applicant is requesting approval of a final plat for Phase 1 of the Cottonwood Springs Addition. The 45.9 acre, 180 single family lot subdivision, is zoned Planned Development for single-family residential uses. Phase 1 of the subdivision includes portions of Tracts B1-B3 and all of Tract B4. Tract B4 was established during the preliminary plat review process as a consequence of a density bonus transfer due to the designation of a school site on Tract D2. With the exception of a few lots in Tracts B3 Page 2 ~' · Planning and Zoning Commission Minuteg: 02/28/95 and B4, the proposed plat conforms with the Comprehensive Zoning Ordinance, Subdivision Ordinance and the Planned Development's minimum zoning requirements. Mr. Edminster said that Tract B4 requires the same minimum square footage as Tract B2. Other changes that were made included increasing the right-of-way width of Acacia Trail from 50 feet to 60' feet. Mr. Edminster and Mr. Nichols presented a slide presentation of the type of homes to be built in this subdivision by two new builders: Trendsetters and Perry Homes. Twenty-five (25) larger lots are being reserved for custom home builders. Discussion regarding the type of golf course that would be constructed followed. Mr. Nichols stated that Stewart Peninsula would be "in control" of the golf course. Mr. Edminster stated that the developer agrees to comply with all staff stipulations. Discussion regarding approval of amenities placed at the golf course and who ultimately gives approval. Mr. Edminster made a brief presentation of what would be included in the Amenities Center. Commissioner Wolfard asked who provides the criteria on erosion control. Mr. Edminster said that the EPA and NCTCOG provides the requirements regarding silt fencing flowage easement guidelines from the Corps of Engineers that will be met and the number of outfalls to be located in both Southshore Phase 2 and Cottonwood Springs Phase I. Motion to recommend approval, subject to ~11 staff stipulations - Commissioner Crocker; second - Commissioner Hilyard. Motion carried with a unanimous roll call vote. 6. OTHER BUSINESS Chairman Swerdloff said that he would like the Commission to establish goals and objectives for 1995. This could be addressed in either a Work Session or at a Regular Session. After brief discussion and deciding on a "brainstorming" session, then prioritizing short and long range goals, 3-13-95 was established to hold the Work Session on goal setting. Commissioner I-ralyard advised that he would like to receive the larger blue line prints of plats and plans that come before the Commission. Discussion was held regarding the efficiency of supplying the 8'A x 11 in the packets and that the developer would have to supply approximately 21 blue line prints, if the Commission wishes to take that route. Page 3 Planning and Zoning Commission Minutes: 02/28/95 Commissioner Tolen stated that he would like the Commission to formally request the City Council to place the Thoroughfare Plan on the agenda. A form for this request will be provided to Chairman Swerdloffto submit. 7. STAFF REPORTS Mr. Chavez distributed the 1977 adopted Comprehensive Land Use Plan and map to the Commissioners, stating that the text is "the" plan, not the map. He also distributed the 1984 amendment to the Comprehensive Plan. Commissioner Hilyard asked what is the bare minimum that the city can do fight now to implement a Land Use Plan? Mr. Chavez suggested adopting an "Interim Future Land Use Plan" along with "Interim Land Use Guidelines"and that by adopting "interim" documents it puts developers on notice that the city is in the process of formally adopting land use policies. Commissioner Hilyard asked Mr. Chavez to please check and have information for the Commission at the Work Session. There are two items for the agenda on 3-14-95 agenda, a site plan and replat. Ms. Sebera distributed a Planning & Zoning Meeting Protocol informational sheet. She stated that this is basically for the audience's information. At the direction of the Commission, Ms. Sebera will modify the document to include that a sign in sheet shall be completed by citizens that wish to speak on all items and not just Citizen Input. With no further business, the meeting was adjourned at · ATTEST: Sharon E. Sebera, Recording Secretary Page 4 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MARCH 8, 1994 A REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:40 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attenda, nce: Julie Bottke Chairperson Jim Bogers Member Steven Swerdloff Member Jim Wagner Member with Member Crocker, Member Salmon and Vice-Chairperson Chabinak-Ball absent, however, a quorum was established. Also in attendnace were: Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON FEBRUARY 8, 1994. With one spelling correction, Member Bogers made a motion to approve the minutes, with Member Wagner seconding, the motion carried with all Members voting aye. 2. CITIZEN INPUT None at this time. 3. PUBLIC HEARING, AS REQUESTED BY THE CITY OF THE COLONY, FOR THE ADOPTION OF CELLULAR TELEPHONE TOWER REGULATIONS, AMENDING APPENDIX A-ZONING, SUBSECTION 10-200, 10-300 AND SECTION 17 BY ADDING SUBSECTION 17-200 CELLULAR TELEPHONE TOWER REGULATIONS.. Member Swerdloff made a motion to open the public hearing, seconded by Member Wagner. The motion was approved with all Members voting aye. Ken Wood asked for a synopsis of what the ordinance says. Bob van Til stated that the ordinance deals with land use and regulating towers and communication devices, specifically cellular telephone towers as well as antennas mounted on structures. Essentially deals with proximity requirements to residential property and height limitations. Limited to 130', if exceeds 130' must obtain a variance from the BOA. No free standing towers in residential zones. If within 100' of a residential zone, reguires a SUP and site plan. This would allow the city to examine it in relationship to the site. Any free standing tower outside of the 100' buffer zone would require a site plan process. And all FCC and FAA requirements must be met. Ken Wood wanted to know if this pertains to structures used for public use. Bob van Til stated that this ordinance excludes dispatch towers as well as dishes and antennas. Only for commercial tower type uses. With no further comments or questions, Member Wagner made a motion to close the public hearing, with Member Swerdloff seconding the motion. The motion carried with all Members voting aye. 4. REVIEW AND RECOMMENDATION REGARDING PROPOSED CELLULAR TELEPHONE TOWER REGULATIONS. Bob van Til stated that this is a preliminary suggestion as to how the code can be amended. 1. Amend Section 10-200 "Schedule of Uses" 2. Amend Section 10-300 "Definitions" - similar to but replaced with "Commercial Communication tower/antenna" 3. Amend Section 17 by adding Section 17-200 which will be a new section in the code book - deals with site plan requirements. Back to Section 10-200 "Schedule of Uses" - have some pre-established requirements for each zone. Definition is broader than specifically cellular towers - broadens out and talks about more communication devices. Definition #20 versus #24 - talks about communication towers in existing code deals with TV and radio. "A structure with any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves television, radio, or telephone which are free standing or attached to the exterior of any building or other structure excluding those devices used for dispatch communications and devices such as antenna and satelite dishes used for personal use." Section 17, I did not write out specifically - just listed: 1. 1:1 adjacency slope for both mounted antenna and towers. 2. SUP requirement if tower/antenna is situated within 100 feet of a residential district. 3. Site plan required for any free standing tower. 4. No tower or mounted antenna can exceed 130' in height, if it does, a variance is required(regardless of the zoning district it's in). After the work session with the Council, I mentioned these to the Council for their information and any input. Also during this time the Commission was working on the site plan by SWB. I feel these are adequate requirements. The Council also said they would like to see what kind of recommendations the Commission would come up with. They suggested adding a requirement for when/if the tower is abandoned. I think it is an appropriate requirement to consider for inclusion in the event the amount of towers increase in The Colony. It would be appropriate to have a period of time to remove an abandoned tower. Mr. Cavanaugh of SWB suggested 90-180 days. This is something for the Commissioners to give consideration to. The Commisioners decided to change the word "personal" to "private" in Definition #20. Ken Wood asked about the TCI tower. Bob van Til stated that the tower falls under the definition of radio/TV microwave tower. When it was built they obtained a SUP. After a discussion, the Commissioenrs decided to change Definition #20 from "..television, radio, or telephone.." to "..including but not limited to television, radio or telephone.." The Commissioners added to the list in Section 17-200" Abandoned towers will be removed within a period of 90 days. With the changes listed above, Member Swerdloff made a motion to recommend approval of the Code Amendment - Cellular Telephone Tower or Commercial Communications". Member Wagner seconded and the motion passed with all Members voting aye. Bob van Til stated the Council is considering a joint work session with the Planning and Zoning Commissioners regarding this issue, possibly March 21. 5. PROJECT UPDATE: Barbara Crocker had a 7 lb. 3 oz. daughter, 21 1/4" long, named Casey. - driving range - completion date April 15. - AME Church - site plan approved - Comprehensive Plan - Jim Bogers attended a seminar at COG and brought brochures for each Commissioner and explained. Bob van Til stated that our current Comprehensive Plan is from 1977 and it is time to be updated. With no further business to discuss, the meeting adjourned at 8:45 p.m. ~ Bottke,~-Chairpers6n Kay'Cor~les, Recording Sec. MINUTES 01' ~ PLANNING ?._ND ZONING COMM[qSION WORK SESSION HELD ON March 21, 1995 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:40 p.n~ on the 21st day of March 1995, at City Hall with the following members present: Steve Tolen Present Steve Wolfard Absent Cindy DePrater Absent Steven Swerdloff Present Barbara Crocker Present Lyle Hilyard Present Jan Cottle Absent also in attendance were Sam Chavez, City Planner and Tom Cravens, Director of Public Works. With four members present, a quorum was established and the following items were addressed: 2. WORK SESSION Chairman Swerdloff said that the purpose of this Work Session is to identify and set the goals and objectives of the Commission and need to be identified as short, medium and long range goals, with the long range being to accomplish in three, four or five years. Commissioner Hilyard asked for clarification on the responsibilities for initiating a change on a zoning ordinance. Mr. Chavez said that if the Commission wants to amend zoning or subdivision text, the request could be made and identified on the agenda at a Commission meeting under Other Business. The recommendation would then be presented to the City Council for direction and initiation. Under Council's direction staffwould prepare a drat~ and an application would be submitted by staff'for text amendments. Discussion was held regarding the preparation of the Comprehensive Plan, amending the Landscape Ordinance, preparation of the Commission's Handbook, and the need for a Thoroughfare Plan. Commissioner Hilyard said that the Commission needs to establish written procedures for future Commissioners. Commissioner Crocker said that Chapter 17 of the Code of Ordinances needs to be reviewed to identify areas that need to be expanded or amended. Page 1 Planning and Zoning Commission Meeting: 03/21/95 Discussion regarding establishment of the Mission Statement and procedures, and review of the Zoning Ordinance. Mr. Chavez said that in the next 30 days staffwill be recommending that the zoning ordinance be separated from the Code of Ordinances. The residential standards will be addressed by a committee comprised of the Planning and Zoning Commission, Board of Adjustment and Appeals, City Council and affected property owners. The Zoning Map should be updated annually and future Comprehensive Land Use Plans every five years. Discussion regarding the need for signage for zoning change requests and the possible ways to provide signage followed. Chairman Swerdloffasked ifa representative of the Commission should attend City Council meetings on zoning cases. He expressed that this would give a show of support. Further discussion regarding a Commission member attending city council meetings, ethical conduct and the need for this to be addressed in the handbook. Chairman Swerdloffsaid that the Chairman, it is important to set a true meeting protocol. Discussion followed regarding Robert's Rules of Order and procedures for opening and closing Public Hearings. Commissioner Crocker asked that the Commission receive a report from Mr. Chavez on any City Council actions taken that Planning and Zoning had forwarded a recommendation on to council. Chairman Swerdloffrequested that alternate members for the Planning and Zoning Commission be addressed, as well as the term limitations for the Chairman. Mr. Chavez said that longer terms for the Chairman would provide stability and consistent leadership and direction to the Commission. Discussion followed regarding the Council liaisons' role, work sessions with the City Council especially when considering a Planned Development zoning request. As short-term goals, presentation of the goals and objectives to City Council, Commission Handbook, zoning notification signs, residential and SH 121 Corridor Standards, and Commission procedures. Discussion followed regarding mid-range goals; communication with other Boards, the Thoroughfare Plan, Interim Land Use Plan, Impact Fees, alternates and terms for the chaimmn, and the Planning and Zoning Commission's annual report. The long range goal was identified (Comprehensive Land Use Plan) Page 2 Planning and Zoning Commission Meeting: 0;~/21/95 Chairman Swerdloffsaid that the Commi~sion could request staffto approach City Council for a Joint Work Session on sensitive issues. For the next scheduled meeting, a review of the goals and objectives discussed tonight will be held, along with setting up subcommittees to accomplish the goals. I will prepare the list and have it available to enable the Commission to also establish priorities and procedures to accomplish the goals under each item. With no further business, the meeting was adjourned at 10:10ff.m. ~ ~~ ATTEST: Sharon E. Sebera, Recording Secretary Page 3 MINUTES OF THE REG~ PLANNING AND ZONING COMMISSION MEETING HELD ON March 28, 1995 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:40 p.m on the 28th day of March 1995, at City Hall with the following members present: Steve Tolen Present Steve Woifard Present Cindy DePrater Present Steven Swerdloff Present Barbara Crocker Present Lyle Hilyard Present Jan Cottle Present also in attendance were Sam Chavez~ City Planner and Tom Cravens, Director of Public Works. With seven members present, a quorum was established and the following items were addressed: 2. CITIZEN INPUT None. ITEMS FOR CONSIDERATION: 3. 03-9SMD1 Thoroughfare Plan/City of The Colony: Sam Chavez~ City Planner, addressed the Commission stating that the initially proposed Thoroughfare Plan was recommended for approval by the Commi~ion in the summer of 1994. Since then, the City and the affected properly owner have worked together to amend the originally proposed Thoroughfare Plan, which is what the Commission has before it tonight. John Frieble, Hunter and Associates, the city's traffic engineering consultant was present to answer questions. Commissioner Tolen asked what assumptions were made regarding the extension of N. Colony Blvd to S.H. 121, what assurance do we have that the property in Frisco will be developed and do we know the time frame? What would happen if that extension is not immediately available? Mr. Frieble replied that the purpose for the extension of N. Colony Blvd. into Frisco is to provide another primary access to S.H. 121. In addition, development of the thoroughfare and other Page 1 Planning and Zoning Commission Meeting: 03/28/95 infiastmcture are driven first by development, local government, and through the issuance of county bonds. Commissioner I-ralyard stated that at the time of the Dal-Mac zoning direction was given to city staff to initiate communication with the City of Frisco regarding the extensions, and that he has a concern with the city being stuck with two major dead end roads. Chairman Swerdloff stated that the request was made of City Council. Tom Cravens, Director of Public Works, stated that the City Manager has been in contact with the City Manger of Frisco regarding their Thoroughfare Plan. Mr. Chavez stated that development of the north-south thoroughfare in Frisco depends upon development of the property, much like here. As to the time frame, that again rests upon development of the property. Commissioner Cottle stated that if the assumptions are ot~ then an amendment can be made provided the right-of-way is available. Discussion regarding sufficient right-of-way on Paige Road. Commissioner Tolen asked if we had the right-of-way on Main for an eight lane divided and/or a six lane divided on the amended Thoroughfare Plan. Commissioner I-Iilyard said there is one place where there might be trouble acquiring the fight-of-way. It was noted that the City and the State would be responsible for acquisition of future right-of-way on Main. Commissioner Tolen asked if there was sufficient right-of-way at the intersections of N. Colony and S. Colony. Mr Frieble advised that he thought that only on one side. Discussion regarding the 8 lanes at Cougar Alley and that we probably could not acquire it through the platting process. Mr. Frieble stated that it would be economically feasible for the city to acquire this right-of-way as it is such a small portion. Mr. Frieble replied that the Commission can require the dedication of right-of-way as a condition of platting. Page 2 Planning and Zoning Commi-sion Meeting: 03128195 Commissioner Iffflyard addressed the concern of acquiring the right-of-way on Main for a 6 lane and an 8 lane thoroughfare, because areas along Main are already developed. Has Momingside been considered to be a 6 lane divided thoroughfare? Mr. Frieble replied that it would not be feasible and the intersection could not be justified. Discussion followed regarding turn loops and turning capacities. Commissioner Tolen asked Mr. Frieble about the 4U-A trunk immediately east of Palge. Had he recommended that it continue on to S. Colony Blva. Mr. Frieble replied that when it was presented to City Council and Dal-Mac, it showed the roadway going to S.H. 121. Recently there was a request made to the City and subsequently a traffic study was done which Hunter & Associates was asked to review. The study demonstrated to them that the changes reflected would accommodate traffic movement in that area with the land uses currently planned. Commissioner Tolen asked if the revised plan was based on an increase in density. Mr. Frieble replied no. It was based on the results of the traffic study. The same densities and land uses were used except for different roadway alignments and a reduction in roadway miles. Commissioner }~lyard stated the he would prefer to see Memorial Drive be the through street, rather than having commercial traffic route through the residential areas on S. Colony Blvd. If Memorial Drive were the through street that went across the railroad tracks and tied into Springcreek, and S. Colony were to merge, or "T" into it, there would not be as much ora difference in traffic. Mr. Frieble replied that this was not necessarily so. The assumption used, S. Colony Blvd. would generate a greater amount of traffic than would Memorial Drive, and that since the forecast for S. Colony Blvd. is greater, it should be the primary thoroughfare. The primary function of Memorial Drive is to serve the businesses. If'the situation was turned around, and the high rates on S. Colony were maintained, there would be a reduction in capacity from the mm lanes and that this had been discussed with Fen'era & Associates. Further discussion regarding the feasibility of reversing the proposed plan and having S. Colony turn into Memorial Drive. Commissioner Tolen stated that on the new proposed Thoroughfare Plan, S. Colony Blvd. is crossing into Frisco at a different place than on the original proposed Thoroughfare Plan. Page 3 Planning and Zoning Commission Meeting: 03/28/9S Mr. Frieble replied that the Thoroughfare Plan is developed using good intersection design and development practices, and is not designed to define definite placement of the road. Engineering design and development dictate the exact placement. Discussion followed regarding the 'set-back" of Memorial Drive from S.H. 121 being between 1,200 and 1,800 feet. Commissioner I-rflyard asked Ms. Diamond what her opinion was on Memorial Drive going through the business park district or the residential. Further discussion regarding the development of the proposed Thoroughfare Plan. Mr. Frieble stated that during development of the Thoroughfare Plan, he used Frisco's and Piano's data from 1993 and that these dties did not consider development in the northeast area during their time frame. Therefore, he made certain assumptions on land uses. Discussion regarding the downsizing of memorial Drive from 6 lanes to 4 lanes between Paige and Blair Oaks, when on the proposed plan in June of 1994 it still recommends a 6 lane thoroughfare. Mr. Frieble replied that the original Thoroughfare Plan showed it as a 6 lane divided roadway, therefore, he left it as such. However, the traffic study done by Bridgefarmer Engineers for Centex justified a 4 land divided roadway. Commissioner I-rtlyard asked Mr. Frieble if he agreed. Mr. Frieble replied yes, but recommended that it remain with 100 feet of right-of-way, then 6 lanes can be constructed if warranted. Hunter & Associates traffic assessment in this area was 22,000 to 24,000, which does justify a 4 lane. Commissioner Hilyard stated that since the density figures are now higher, he is concerned with granting higher densities throughout this area and downgrading to 4 lanes. The City Council has already expressed that the city can not pay to build the extra lanes. Discussion regarding the recent tendency of the city to grant higher densities and the impact on the Thoroughfare Plan. Commissioner I-filyard further stated that he would like to see it kept as a 6 lane on the Thoroughfare Plan and let the developer build a 4 lane; but for planning purposes, keep it as 6 lanes. Commissioner Tolen referred to a letter from Hunter & Associates dated March 15, 1995, regarding the greater use ofS.H. 121's north service road. Page 4 Planning and Zoning Comm/ssion Meeting: ~3/28/9~ Mr. Frieble replied that the primary fimetion of the service road is getting ua/ftc to the local street system. Commi.~sioner Tolen stated then in effect, by going to a 4 lane on the east-west thoroughfare, we are essentially swapping a one way for a two way. Mr. Frieble stated that after reviewing the results of the traffic study provided by Dal-Mac, it was determined that the same level of service could still be maintained and if anyone wanted to do any thing different in this area, he would recommend a new traffic study be required. Using the original assumptions of land use, the traffic demand was at 75% and with this new proposed plan, it is at 90% and there is less of a margin for error. Commissioner Tolen asked if anyone had spoken with Frisco regarding the realignment of the intersection of S. Colony and if we had permission fiom the railroad for the extension of N. Colony and S. Colony. Mr. Cravens replied no. Further discussion regarding the economics of requiring an overpass at the railroad tracks. Commi.~sioner Hilyard stated that during the Dal-Mac discussion, Springcreek Parkway is currently planning to go north and asked how important is it to have that intersection with S.H. 121 at that locatiom It would be in our best interest to have the intersection on our side of the railroad tracks. This may make Frisco build the extensions of N. Colony and S. Colony earlier than normal and that this issue needs to be resolved in case of the build-out of the Dal-Mac property. Lengthy discussion regarding North and South Colony access to S.H. 121 and the location of Springcreek Parkway. Mr. Frieble stated that Springoreek Parkway is shown on Piano's Thoroughfare Plan and the State's. Further discussion of the fact that if the extensions are not available, what the traffic on Paige Road from the residents in the northeast section of town would do. Commissioner I-filyard stated that we need to get some answers or assurances from Frisco and Piano. Commissioner Crocker advised that we need to be careful in how we approach another city on these matters. Commissioner I-filyard asked what action needed to be taken tonight. Page 5 Planning and Zoning Commission Meeting: 0,,11~/95 Chairman Swerdloffreplied that the Commission either needed to recommend approval or denial of the plan. Commissioner Tolen stated that he would like to know the likelihood of development, zoning, etc. in Piano and Frisco. Chairman Swerdloff stated that the Commission needed to move on in their discussion. Motion to disapprove the plan - Commissioner Tolen Motion died due to lack of second Further discussion regarding exactly which Thoroughfare Plan a recommendation was being made on. Commissioner Hilyard asked if they would be disapproving this plan or just the changes, if not approved tonight. Mr. Chavez replied that it is the Thoroughfare Plan with the amendments. Commissioner Cottle confirmed that a disapproval would not be taking the city back to the 1989 plan. Mr. Chavez replied yes. Motion to recommend denial of the revision to the previously proposed Thoroughfare Plan based on the four lane change, assumptions used in establishing the traffic load is less than the densities granted in the zoning changes and the change in the Dal-Mac property is putting everything at the very maximum and is not as it was planned - Commissioner Hilyard; second - Commissioner Cottle. Motion passed with the following roll call vote: Commissioner DePrater - Aye; Commissioner Wolfard - Aye; Commissioner Hilyard - Aye; Commissioner Crocker - Aye; Commissioner Tolen - Aye; and Chairman Swerdloff- No. (6-1) 4. OTHER BUSINESS Chairman Swerdloff stated that at this time the commissioners needed to prioritize the goals established at the Work Session on 3/21/95. (see Exhibit A) Discussion was held regarding inclusion of ethics in the policy manual. Commissioner I-rflyard and Commissioner Crocker will serve on the Development Standards Advisory Committee. This group will also review zoning text amendments. Mr. Chavez stated that he has researched the cost of zoning request "notice" signs, and that cost will Page 6 Planning and Zoning Commia~ion Meeting: 03/28/95 be placed in next year's budget. Chairman Swerdloff asked for volunteers to work on the Planning and Zoning Commission Handbook Commissioners Wolfard and t-F_dyard volunteered. Chairman Swerdloff expressed a desire to present the Mission Statement officially to the City Council. Discussion regarding the use of an interim Land Use Plan, establishment of 1996 Impact Fees, appointment of alternates to the Commission and adjusting the term limitation of the Chairman. Mr. Chavez stated that this would require an amendment to the Code of Ordinances. Discussion was held regarding the City Planner's budget and some needs of the Planning and Zoning Commission. Brief'discussion regarding the Thoroughfare Plan, with Commissioner Tolen asking that the city have open lines of communication with Frisco and the railroad. STAFF RRPORTS The next scheduled Planning and Zoning Commission meeting is on April 11, 1995. With no further business, the meeting was adjourned at 10~/~.m. teve-n Swt A~FFEST: Sharon E. Sebera, Recording Secretary Page 7 CITY OF THE COLONY PLANNING AND ZONING COMMISSION 1995 GOALS AND OBJECTIVES original: 0312819~ SHORT TERM GOALS (30-90 DAYS) ~1 Develop Planning and Zoning Commissioner Handbook. -Mission Statement -Codes of Conduct -Responsibilities -Procedures -Ethics -Protocol I~l Develop procedures for zoning and subdivision text changes Q Assist in the preparation of Residential Development Standards Q Assist in the preparation of the SH 121 Corridor Development Standards I~l Implement zoning change request signage requirements I~l Place Planning and Zoning Commission Meeting Agendas on cable I~1 Establish ethical guidelines for Planning and Zoning members attending City Council meetings I~1 Present the Planning and Zoning Commission's Goals and Objectives to City Council MEDIUM RANGE GOAL~q (1 YEAR) I~l Adoption of an Amended Thoroughfare Plan I~l Development and implementation of an Interim Land Use Plan I~1 Instigation of official communication with the City of Frisco regarding N. Colony Blvd I~l Update and amend the Impact Fee Ordinance ~1 Discuss and amend (if necessary), alternates and term limitations. I~1 Presentation of the Planning and Zoning Commission's Annual Report to the City Council LONG RANGE GOALS (MORE THAN 1 YE~ R) I~l Development and implementation of a Comprehensive Land Use Plan MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON MAY 23, 1995 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. on the 23rd day of May 1995, at City Hall with the following members present: Steve Tolen Present Steve Woffard Present Cindy I)ePrater Present Steven Swerdloff Present Barbara Crocker Present Lyle Hilyard Present Jun Cottle Absent Mr. Sam Chavez - City Planner was in attendance as staff representative. With six members present, a quorum was established and the following items were addressed: 2. MINUTES: Approval or correction of Planning and Zoning Commission Minutes: Motion to approve the minutes of the meeting held March 21, 1995 with the corrections as noted - Commissioner Crocker; second - Commissioner Hilyard. Motion passed with a unanimous vote. Motion to approve the minutes of the meeting held March 28, 1995 with the corrections as noted - Commissioner Crocker; second - Commissioner DePrater. Motion passed with a unanimous vote. Motion to table the minutes of the Joint Work Session with City Council held May 3, 1995, until further clarification of corrections is obtained - Commissioner Hilyard; second - Commissioner DePrater. Motion passed with a unanimous vote. 3. CITIZEN INPUT None. 4. OTHER BUSINESS A. Planning and Zoning Goals and Objectives Update Chairman Swerdloffaddressed the Commission stating the importance of establishing the goals and objectives of the Planning and Zoning Commission. Page 1 Planning & Zonin~ M~lng- $,/23,~$ Of top priority are the subjects of ethics, residential zoning requirements, the 121 corridor standards and zoning notification sign requirements. Mr. Chavez advised that he has requested $250.00 in next year's budget for the purchase of the zoning notification signs. Discussion followed and the Commission expressed a desire to have the requirement for signs to be placed on the property for a zoning change be in Ordinance form to give more credence to the requirement. After some discussion, it was decided that the ethical conduct policy be placed in the Planning & Zoning handbook. Discussion followed regarding short term goals. Consensus of the Commission is that these should be addressed immediately and followed through on. (Exhibit "A" attached) MID-RANGE GOALS Thoroughfare Plan - Communication with Frisco needs to begin and insure that they are aware of the extension of North Colony & South Colony. Mr. Chavez advised that North Colony Boulevard was on Frisco's Thoroughfare Plan, however, the extension of South Colony Boulevard was not. Impact Fees - Mr. Chavez stated that we expect to begin the process in November. Annual Report - Mr. Chavez will prepare the report and submit it to the Planning & Zoning Commission for presentation to City Council. LONG-RANGE GOALS Discussion followed regarding Long-Range Goals which includes the Comprehensive Land Use Plan. Funds will need to be placed in the 1995-1996 and the 1996-1997 budget as a capital expense, for completion of this project. Lengthy discussion followed regarding the many components of the Comprehensive Plan GUIDELINES AND HANDBOOK UPDATE Commissioner Hilyard asked that the rest of the Commissioners provide him with items or issues that they would like to see in the Code of Conduct section of the handbook. He would like to have these by June 13, 1995. Further discussion regarding the handbook with, Commissioner Wolfard stating that he hopes we Page 2 Planning & ~oning Meeting- $/25/~$ are not recreating the wheel. Mr. Chavez will survey other cities to see what they have. Discussion was held regarding the ethics and protocol section of the handbook. Commissioner Hilyard has used the information provided by the American Planning Association to compile this section and it has been reviewed by Mr. Chavez. It was decided that it would be proper for the City Attorney to review it. Lengthy discussion was held regarding preserving and promoting the community's trust, political activities of Commissioners and conflicts of interest. Discussion followed regarding the removal of .~. Commissioner under certain circumstances. Chairman Swerdloff questioned who had the authority to take such an action. Lengthy discussion followed with regarding the question of- ifa Commissioner did not maintain the public's confidence, then should he/she resign? Commissioner Crocker asked to add to the ethical portion of the handbook that no one Commissioner represents or speaks for the City Council or the Commission, except for the Chairman - or Vice-Chairman in his/her absence. While discussing ethical issues, Chairman Swerdloff stated that, for the record, he would like to address a current situation regarding Commissioner Tolen's recent activities. He further stated that Commissioner Tolen had made several statements to the press, and that while making them as an individual; several individuals that have deemed these statements to be the views and opinions of the Planning & Zoning Commission. Chairman Swerdloff advised that while this is not believed to be proper conduct, it is not for the Commission to say whether it is fight or wrong, because Commissioner Tolen is still an individual. However, it is not believed to be proper to present oneself to the press as a Commission member when not discussing Planning & Zoning business. Chairman Swerdloff further stated that in light of Commissioner Tolen's activities concerning Mayor Manning's building, he thought it would be proper to sit down with the other Commissioners and discuss it. In addition, Chairman Swerdloff stated that recognizing Commissioner Tolen as an individual citizen and has the fight of free speech, he is concerned when that fight affects the other Commissioners and their business with the city and city staff. Chairman Swerdloff advised that Commissioner Tolen and he had spoken about this issue and decided on a round table discussion with the other Commissioners. Commissioner Tolen advised that some time ago, as a citizen he became concerned about how certain property went through City HaH and was acquired. He stated that he had spoken with some of the Council regarding this concern and did the research. Page 3 Planning & Zoning Mee#ng - $/23/95 Commissioner Tolen stated for the record that he did write letters to the editor dated April 5th, 1 lth and 20th, most of which were not published and none of them had "Planning and Zoning Commissioner" attached to them - they were written as Steve Tolen, individual. Further, in an interview with Tim Pareti, they were discussing the issues Commissioner Tolen had raised and Mr. Pareti asked if he would go on the record, and at that point he stated "of course, anything I have to say I will stand by". Mr. Pareti then asked if Commissioner Tolen was on the Planning & Zoning Commission, to which he replied "yes", and was subsequently quoted as a Planning and Zoning Commissioner, not as a citizen. Commissioner Tolen went on to say that this seems to have caused quite a bit of concem in the political realm. Not long after, there was a letter in the April 26, 1995 Leader and Mayor Manning was quoted as being angry with the Commission. Commissioner Tolen said that he was open for debate on whether he should have done this, however, in his opinion there was an open attack on the integrity of the P&Z and he was not the only person to write a letter. Commissioner Tolen advised that he felt compelled to defend the Planning and Zoning Commission in response. In addition, he advised that he did look back at his records and did sign a letter to the editor as "Planning & Zoning Commissioner" in response to the Mayor's article. Lengthy deliberation of the Commission followed regarding individual rights, free speech and the responsibilities of a Planning & Zoning Commissioner. Discussion was also held regarding having something in writing about ethical and protocol issues. Commissioner Tolen advised that he would not have a problem with establishing procedures and he would be willing to abide by them. Lengthy discussion revolving around political activities of Board Members and how to handle the press ensued. The Commission agreed that placing guidelines in the handbook would be a good idea. Commissioner Tolen stated that at the time he did not think it was material, but sees now that it has become politically material and it was an unfortunate oversight that the title was left on. Commissioner Tolen stated that he had made an error and that in the future, if he does anything as an individual that involves the Commission, it would be appropriate for him to put a disclaimer in the text. Page 4 Planning & Zoning Meeting- $~3/95 Chairman Swerdloff advised Commissioner Tolen that if this Commission feels his activities are misrepresenting the Planning & Zoning, then his resignation would be asked for. Further discussion regarding placing something in the handbook for the Commission to follow. 9:28 - Commissioner DePmter left the room. Discussion continued with regard to the image the actions of the Commission project to this and surrounding communities. 9:37 - Commissioner DePrater returned. $. STAFF REPORTS a. Status of Geometric Design Standards for the Thoroughfare Plan. Mr. Chavez advised that Hunter & Associates is still in the process of working on the standards. Mr. Chavez is also working on a color scheme for a formal mounted Thoroughfare Plan map. Discussion regarding the standards for TIA's and the need to make a recommendation to the City Council to direct staffto begin work on same. Mr. Chavez will coordinate. b. Status of Residential and S.H. 121 Corridor Development Standards With regard to the S.H.121 Corridor Standards, Mr. Chavez advised that a Joint Work Session with the City Council needs to be scheduled to give more of a vision of what is desired. Mr. Chavez will travel to other cities that have overlays and will take pictures of similar areas. Concerned was expressed that development standards are not in place. Residential Zoning Standards - Mr. Chavez stated that the Zoning Ordinance is on sof~e in the City Secretary's Office and he would like to take it and make a separate document for these standards. The Commission was advised of a five part training session at the NCTCOG that is forthcoming. Mr. Chavez stated that he is placing funds in the budget for these sessions. Mr. Chavez advised that he has received an application for a replat and it will go before the Planning & Zoning Commission on June 27, 1995. Page 5 Planning & Zoning Meeting- $/'25~$ With no further b~in~ss, thc m¢~tin~ was adjourned at ~:~./~~;.~ ~ ATTEST: ~t~ten~loff, Chain Sharon E. Sebera, Recording Secretary Page 6 CITY OF THE COLONY PLANNING AND ZONING COMMISSION 1995 GOALS AND OBJECTIVES Original: 03128/9~ (UPDATE: 05/23/95) SHORT TERM GOALS (30-90 DAYS) I~l Develop Planning and Zoning Commissioner Handbook. (in progress) -Mission Statement -Codes of Conduct -Responsibilities -Procedures -Ethics V' -Protocol ~l Develop procedures for zoning and subdivision text changes I~l Assist in the preparation of Residential Development Standards (staff compiling info) I~l Assist in the preparation of the SH 121 Corridor Development Standards (staff and consultant have met, will be conducting joint visioning session with Council and Commission) ~l Implement zoning change request signage requirements (estimated cost $25O) ~l Place Planning and Zoning Commission Meeting Agendas on cable ~' (March 2S, 1995) ~l Establish ethical guidelines for Planning and Zoning members attending City Council meetings (can be addressed in handbook) I~l Present the Planning and Zoning Commission's Goals and Objectives to City Council I~' MEDIUM RANGE GOALS (1 YEAR) ~l Adoption of an Amended Thoroughfare Plan ~ (adopted May $, 1995) ~l Development and implementation of an Interim Land Use Plan ~ Instigation of official communication with the City of Frisco regarding N. Colony Blvd I~l Update and amend the Impact Fee Ordinance (scheduled to begin in Nov. 1995) I~ Discuss and amend (if necessary), alternates and term limitations. ~ Presentation of the Planning and Zoning Commission's Annual Report to the City Council (report submitted to the Commission by staff lst meeting in September) 1 LONG RANGE GOALS (MORE THAN 1 YEAR} ~ Development and implementation of a Comprehensive Land Use Plan 2 MINOTE$ OF THE PLANNING & ZONING COMMISSION MEETING POSTED FOR ~ 27, 1995 Meeting not held due Co the lack of a quorum. MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING HELD ON July 25, 1995 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. on the 25th day of July 1995, at City Hall with the following members present: Cindy DePrater Absent Steve Woifard Present Lyle Hilyard Present Steven Swerdloff Present Barbara Crocker Present DeVille Hubbard Present Joe Agnew Present also in attendance were Sam Chavez, City Planner and Tom Cravens, Director of Public Works. With six members present, a quorum was established and the following items were addressed: 1. MINUTES - Ratification of the minutes of the Joint Work Session of the Planning & Zoning Commission and the City Council held May 3, 1995. Motion to ratify the minutes of May 3, 1995 - Commissioner Crocker; second - Commissioner Hilyard. With Commissioners Hubbard and Agnew abstaining, the motion carried with a unanimous vote. 2. CITIZEN INPUT Mark DePriest - 4638 Jenkins Circle - Addressed the Commission to express his concerns over the widening of FM423, stating that he had spoken with the highway department and TxDOT had not given any consideration to the safety of pedestrians trying to cross this roadway or the safety of the residents residing alongside FM423. There are no traffic signals planned at any of the intersections along this stretch. He also stated that he had a concern of large transport macks losing control and running into a home adjacent to FM423 - now there is a ditch to help retard the speed of a vehicle if it runs off the road. With the widening, there will only be a curb. Mr. DePriest asked that if the city is asked for a letter of approval or for their opinion, that we ask the state to consider a traffic signal and express some of his concerns. Tom Cravens, Director of Public Works advised that TxDOT will be holding a Public Hearing on September 5, 1995, at 7:30 p.m., in The Colony Council Chambers to discuss the widening of Page 1 Plannlng & Zoning Meeting - 7/25,~5 FM423. After some discussion with the Commission, Mr. Cravens advised the traffic signals have to be warranted by the State, however, he would look into the possibility of having one placed at FM423 and East/West Lake Highlands. PUBLIC HEARING 4. 06-95RP1. Garza Little Elm Estates: A request to replat Lots 6 and 7, Block 8 of the Garza Little Elm Lake Estates Addition into one (1) lot. The .28 acre lot is presently zoned Planned Development 2 (PD-2) for the Single-Family Residential District located at 4538 and 4540 S. Horseshoe Trail. Chairman Swerdloff opened the Public Hearing and referred to staff for recommendations on this request. Sam Chavez advised that staff had reviewed this request and recommends approval. Mr. Chavez explained that this request basically combines two (2) lots into one single lot for the purpose of constructing a residential unit on the site. Mr. Chavez advised that David Surdukan was present to answer any questions the Commission may have. Motion to recommend approval subject to staff stipulations and to close the Public Hearing - Commissioner Hilyard; second - Commissioner Crocker. Motion carried with the following roll call vote: Commissioner Woifard - Aye; Commissioner Hilyard - Aye; Commissioner Crocker - Aye; Commissioner Agnew - Aye; Commissioner Hubbard - Aye; Chairman Swerdloff- Aye. (6-0) 5. 12-94Z1 Gilford Property_/DeWayne Snider: A request to rezone an 18.73 acre tract presently zoned for the (O-1) Office District to the (GR) General Retail District and the (LC) Light Commercial District located south of N. Colony Boulevard, on the west side of F.M. 423 (Main Street). Chairman Swerdloff opened the Public Hearing and referred to staff for recommendations on this request. Mr. Chavez advised that the applicant's proposal includes rezoning the front half of the site to General Retail (GR) and the remaining property to a Light Commercial District (LC) District. The LC District would be limited to office warehouse and a mini-storage warehouse subject to obtaining a Specific Use Permit (SUP). At the time the applicant requests a SUP for the mini-storage warehouse, both the City Council and the Commission can address buffeting, landscaping, exterior finishes, etc. Page 2 Planning & Zoning Meeting - 7/25/95 Mr. DeWayne Snider, applicant, was present to answer any questions. Discussion followed regarding the history of this zoning case and whether a mini-storage warehouse is an appropriate land use. Mr. Chavez explained that this property is adequately buffered and the adjacent property is currently zoned Light Commercial. Commissioner Iadlyard asked if this zoning request matches what is on the Comprehensive Land Use Plan? Mr. Chavez advised that it does not. Commissioner Hilyard went on to state that according to the Texas Zoning Enabling Act, that a request to amend the Comprehensive Land Use Plan must be made. Commissioner Hilyard stated that he would like to have the applicant submit an application to amend the Comprehensive Land Use Plan and then request the zoning change. Discussion regarding possible liability on the city's part if a developer spends the money to develop property that is in non-conformance with the CLUP. Discussion followed regarding the non-conforming land uses already in existence in the city. Commissioner Agnew asked if the current zoning is in compliance with the CLUP in place today. Mr. Chavez replied that it is. Motion to table the zoning request until the Comprehensive Land Use Plan is amended so as to not mislead this developer or any other &veloper - Commissioner Hilyard; second - Commissioner Hubbard. Further discussion regarding this zoning request, with Commissioner Crocker stating that we can not continue to afford to wait and delay all future development until the Land Use Plan is amended. Brief discussion regarding the deed restrictions attached to the zoning on this property, with Mr. Chavez explaining that the city needs to remove these and attach stipulations to the Planned Development Zoning request. Mr. Chavez described the process for amending the Comprehensive Land Use Plan and explained that the current Plan is very general in scope. He also explained that to apply for an amendment to the Plan, the developer must show why the current zoning is not appropriate. Page 3 Planning & Zoning Meeting - 7/2~/95 Mr. Chavez stated that it would take approximately two (2) years to complete the amended Comprehensive Land Use Plan. Lengthy discussion followed regarding the requirement to amend the Land Use Plan and that this Commission now knows the correct procedure and did not in the past. Further discussion followed to have the applicant apply for concurrent amendments of the CLUP and the Zoning Ordinance. Commissioner Agnew stated that we must update the Comprehensive Land Use Plan, but should not stop development until this is done. Commissioner Hilyard again stated that the Commission now knows better and can not continue to proceed in the wrong manner. Discussion followed. Motion failed due to a tie in the roll call vote: Commissioner Wolfard - Aye; Commissioner Hilyard - Aye; Commissioner Crocker - No; Commissioner Hubbard - Aye; Commissioner Agnew - No; Chairman Swerdloff- No. (3-3) Commissioner Hilyard asked Mr. Chavez if he had any reason to deny this zoning request? Mr. Chavez advised that he did not. Discussion followed, with Mr. Snider stating that all the developer is requesting is to extend the Light Commercial which is already on the adjace,' property to the west. Recess - 8:45 p.m.; Reconvene - 8:55 p.m. Mrs. Joyce Fulco - 4712 Clover Valley: Ms. Fulco stated that this seems to be a no win situation and that when Mr. Snider came before the City Council six (6) months ago, he should have been told that he needed to apply to change the Comprehensive Land Use Plan at that time. She went on to say that when Henry Billingsley asked for a zoning change in Carrolltort, they told him no bemuse it did not meet their CLUP. Ms. Fulco further stated that if the zoning request does not meet the Land Use Plan, then the city needs to "get our act together" and amend the Plan. Mr. Chavez described to Ms. Fulco what the Comprehensive Land Use Plan is. Commissioner Crocker asked if what the developer is asking is legal. Mr. Chavez replied that it is, and that he looked at the Comprehensive Land Use Plan and it is very Page 4 Planning & Zoning Meeting - 7/25/9.~ vague. Discussion regarding the 50 foot right-of-way and access for Club Fore and the lift station. Motion to approve the zoning request subject to staff stipulations and recommendations, and that staff work with the developer on where to place the 50' fight-of-way access and to close the Public Hearing - Commissioner Agnew; second - Commissioner Crocker. Discussion followed regarding the right-of-way access and the extension of Strickland through this property as shown on the Master Thoroughfare Plan. Motion failed due to a tie roll call vote: Commi.qsioner Wolfard - No; Commissioner Hllyard - No; Commissioner Crocker - Aye; Comrni~ioner Hubbard - No; Commi~ioner Agnew - Aye; Chairman Swerdloff- Aye (3-3) Lengthy discussion regarding the Light Commercial zoning request and the concerns on what is allowed in this district. Mr. Chavez explained that the Light Commercial District would be restricted to an office warehouse and/or mini-storage warehouse uses only. Commissioner Hilyard asked if the applicant had proven that the requested zoning was more appropriate than the current zoning on the property. Mr. Chavez replied that he had not and discussion followed. Commissioner Hilyard asked what conditions have changed in the area that would make this zoning change request appropriate? Mr. Chavez advised that there have been changes in the area, with potential Commercial areas are now zoned to Residential along Main Street. He further stated that the site is buffered on four sides and that an attempt should be made to maintain as much commercially zoned property as possible along FM423. He also stated that he could not ju ~tify why Light Commercial and General Retail are less appropriate than Office because of the vagueness of the Comprehensive Land Use Plan. Mr. Chavez went on to state that is the reason the stipulations are attached to this request. Motion to recommend denial for zoning change request and to close the Public Hearing - Hilyard; second - Woifard. Motion carried with the following roll call vote: Commissioner Wolfard - Aye; Commissioner Hilyard - Aye; Commissioner Crocker - No; Commissioner Hubbard - Aye; Commissioner Agnew - Aye; Chairman Swerdloff- No. (4-2) Page 5 Planning & Zoning Meeting - 7/25/95 6. OTHER BUSINESS a. Review and approval of the Planning and Zoning Commission's recommendation to City Council to direct staff to initiate the establishment of general standards for Traffic Impact Analysis studies (TIA). The Commission reviewed the formal request prepared by Mr. Chavez. Brief discussion was held regarding standardizing TLA's. The Commission had no problem with the letter to be presented to the City Council. **Chairman Swerdloff addressed the Commission stating that he has a concern that the recent letters to the editor were negative in tone and that there has not been anything positive regarding the Commission. He further stated that, as the Chairman, he felt this needed to be addressed. With the Commissions input, he would like to write a letter to the newspaper explaining the achievements of the Planning & Zoning Commission, such as the Goals & Objectives, plans for amending the Comprehensive Land Use Plan, approval of the Master Thoroughfare Plan and cooperation with the City Council on issues. It was decided that "City Beat" would be an appropriate place to address these. 7. STAFF REPORTS 1. Training Course - The first session of a series of training courses will be held in September. The Commission stated they would be interested if it could be held in-house. 2. Thoroughfare Plan - Mr. Chavez showed the Commission the colored version of the Master Thorougtffare Plan, stating that it would be displa.ved in the Conference Room at City Hall. 3. Zoning Map - Mr. Chavez showed the Commission the revised version of the Zoning Map, stating that there are still some corrections that need to be made. When those corrections are complete, the Commission will receive a copy. 4. Comprehensive Land Use Plan - Discussion regarding the high priority of amending the CLUP. Chairman Swerdloffwants future applicants to be aware that if the zoning request is not in conformance with the CLUP, that it is a non-conforming use prior to going before the Commission or City Council. 5. Development in Frisco and abolishment of North Colony extension - Mr. Chavez advised that we need to sec if the ex'tension of North Colony is shown on the County map. He also advised P~e6 Planning & Zoning Meeting - 7/25/95 Sharon E. Sebera, Recording Secretary Page 7 MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING HELD ON August 8, 1995 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. on the 8th day of August 1995, at City Hall with the following members present: Cindy DePrater Absent Steve Woffard Present Lyle Hilyard Present Steven Swerdloff Present Barbara Crocker Absent DeVille Hubbard Present Joe Agnew Present Sam Chavez, City Planner was also in attendance. With five members present, a quorum was established and the following items were addressed: 2. MINUTES Commissioner Hilyard advised that Ms. Sebem had made a change on page 5 of the July 25th minutes per their recent conversation. Motion to approve the minutes of the meeting held May 23, 1995, as presented - Commi.qsioner Hilyard; second - Commissioner Woffard. Motion carried with a unanimous vote. Motion to approve the minutes of the meeting held July 25, 1995, as corrected- Commissioner Agnew; second - Commissioner Hilyard. Motion carried with a unanimous vote. 3. CITIZEN INPUT None. PUBLIC HEARING 4. 08-95RP1. Garza Little Elm Estates: A request to replat Lots 49 and 50, Block 7 of the Garza Little Elm Lake Estates Addition into one (1) lot. The .568 acre lot, located on the south side of W Lake Highland Drive, west of F.M. 423/Main Street is presently zoned Planned Development 2 (PD-2) for the Single-Family Residential District. Page 1 Planning & Zoning Meeting - 8-08..95 · Chairman Swerdloff opened the Public Hearing. Mr. Chavez, City Planner, advised that the property owner's request combines two (2) lots into a single lot for the purpose of constructing a residential unit. In addition, the property is zoned Planned Development-2 for the Single-Family Residential District. Mr. Chavez stated that the applicant was in attendance. Commissioner Agnew asked if the notifications had been sent. Mr. Chavez replied yes, and that none were returned. Commissioner Hilyard asked if the minimum dwelling unit square footage is 1500 in Planned Development-2? Mr. Chavez replied "yes". Motion to close the Public Hearing and to recommend approval subject to aH staff stipulations - Commissioner Agnew; second - Commissioner Hubbard. Motion carried with the following roll call vote: Commissioner Woifard - Aye; Commissioner Hilyard - Aye; Commissioner Hubbard - Aye; Commissioner Agnew - Aye; Chairman Swerdloff- Aye. (5-0) 4. OTHER BUSINESS a. Review of the Planning and Zoning Commissions' Chairmans' Correspondence. Chairman Swerdloff stated that he had written a memorandum to the Mayor and City Council requesting that work be~n immediately on the Comprehensive Plan. Discussion followed regarding the city attorney's opinion that past zoning could be construed as amending the Plan because they have been backed up by traffic impact studies and that the City Council had determined that changes had occurred in the surrounding areas to warrant the zoning change. Discussion regarding the need for the Comprehensive Plan followed. 5. STAFF REPORTS Mr. Chavez stated that a meeting will be scheduled for August 22nd to amend Ordinance #455 to rescind the protective covenants attached to the 18 acre tract. There may also be a Work Session to discuss a proposed development. Page 2 Planning & Zoning Meeting - g.08-95 Discussion followed regarding the training session offered by NCTCOG. Mr. Chavez will check on scheduling sessions at night in the Council Chambers for the Commissioners. The Commission expressed concern about completing the training courses prior to their terms expiring. Commissioner Hilyard stmed that the new Commissioners are welcome to contact him if they have any questions ¢oacerning the orientation material Mr. Chavez has prepared. With no fixrther business, the meeting was adjourned at 7:57 p.m. ! ATTEST: Sharon E. Sebera, Recording Secretary Page 3 MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING HELD ON AUGUST 22, 1995 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. on the 22nd day of August 1995, at City Hall with the following members present: Cindy DePrater Present Steve Wolfard Present Lyle Hilyard Present Steven Swerdloff Present Barbara Crocker Present DeVille Hubbard Present Joe Aguew Present Sam Chavez, City Planner, was also in attendance. With seven members present, a quorum was established and the following items were addressed: 2. MINUTES Motion to approve the minutes of the meeting held August 8, 1995, with corrections as noted; Commissioner Hilyard; second - Commissioner Agnew. With Commissioners DePrater and Crocker abstaining, the motion carried with a unanimous vote of the remaining members. 3. CITIZEN INPUT None. ITEMS FOR CONSIDERATION: 4. PUBLIC HEARING: 08-95Z1, Gifford Property: A city initiated request to amend Ordinance g455, to rescind the Protective Covenants of said ordinance regarding height restrictions and lot coverage on the 18.73 acre tract. The 18.73 acre uact, located south of N. Colony Boulevard, on the west side of F.M. 423/Main Street is presently zoned for the (O-1) Office District. Chairman Swerdloff opened the Public Hearing. Sam Chavez, City Planner, explained that this request is being initiated by city staff. The minutes of the City Council meetings held in 1986, which is when the protective covenants were placed on the property have been reviewed and advised that the covenants were attached to the zoning ordinance to protect the view of the lake. The homes on the east side of F.M. 423/Main Street face Page 1 Planning & Zoning Commissioner meeting:' 08-22-95 north and south, therefore, their view is primarily in those directions and not toward the lake. The protective covenants prohibit any type of development on the property due to the 11 foot height restriction, therefore staff, along with the city attorney's opinion, recommends that the protective covenants be rescinded. Notices of the Public Hearing were sent to surrounding property owners and there were no responses. Commissioner Hilyard asked if the zoning on the property would remain the same if the covenants were rescinded? Mr. Chavez said "yes". Motion to recommend approval to amend Ordinance #455 by rescinding the protective covenants and to close the Public Hearing - Commissioner Agnew; second - Commissioner Hilyard. The motion carried with the following roil-call vote: Commissioner DePrater - Aye; Commissioner Wolfard - Aye; Commissioner Hilyard - Aye; Commissioner Crocker - Aye; Commissioner Hubbard - Aye; Commissioner Agnew - Aye; Chairman Swerdloff- Aye; (7-0) 4. OTHER BUSINESS WORK SESSION: Review development proposal for an approximate 3.0 acre tract of land located north of Cougar Alley, on east side of F.M. 423/Main Street. Mr. Steve Houghton, representing Secureguard Self Storage, distributed packets to the Commission which depicted the type of mini-storage warehouse development they would like to build in The Colony. They would use brick with cast stone accenting and that the facility is designed to blend in with the surrounding retail. In addition, the storage facility is planned on a deep lot, which can not be utilized for typical retail centers. Discussion followed regarding security, with Mr. Houghton stating that there would be cameras on campus and warning signs about 24 hour surveillance. A security center would be located in the office and there will be an on-site manager, who will reside in the security quarters. Discussion was held regarding the storage of boats and recreational vehicles, with the Commission expressing their desire for covered storage. Further discussion was held with regard to open storage in the areas on campus that will not be built in the first phase. Mr. Houghton advised that they still have not determined what kind of open storage, if any, would be developed. Page 2 Planning & Zoning Commissioner meeting: 08-22-95 Gary Smith of Crestmark Construction was introduced as the construction manager for this project and he addressed some of the Commission's questions about the construction of the development. Discussion followed regarding lighting, which was confirmed to be placed on the buildings and not pole mounted lights. Mr. Houghton explained to the Commission about the plans to have a brick screening wall and wrought iron fencing. He also explained the plans for landscaping. Lengthy discussion was held about the storage of flammables in the units. Mr. Houghton advised that the lease prohibits the storage of flammables of any kind and that the walls separating each unit are constructed of steel from floor to ceiling. Commissioner Crocker asked if the developer was aware of the proposed church next to this property. Mr. Houghton replied that they had been in contact with the church and they are in agreement with this land use. Discussion regarding build out of the development, with Mr. Houghton advising that they are still conducting a market analysis to determine the total amount of units to be constructed. He also advised that they would build the entire perimeter f~t. Mr. Chavez stated that the site plan presented tonight isonly conceptual and that the site plan would be more detailed when formally submitted for consideration. Further discussion regarding height, pitch of the roof and the use on the portion that will not be built in the first phase. Mr. Houghton stated that this will be the fourth such development his company has proposed/built. 5. STAFF REPORTS ~ The City Council approved the replat on West Lake Highlands last Monday night. The Council also authorized the City Manager to enter into a contract with J.T. Duncan to develop the Comprehensive Plan. Mr. Chavez stated that Mr. Duncan will also act as a consultant to the city on all zoning requests. · Mr. Chavez has been interviewing for an intern. Ms. Monica Nance has been selected and will begin her internship on October 2nd. Page 3 Planning & Zoning Commissioner meettng: 08-22-95 An application for a Specific Use Permit for the mini-storage warehouses discussed during tonight's worksession will be on the agenda for the 12th of September. With no further business, the meeting was adjourned at 8:29 p.m. e'~n-S~e7 (~hairman ATTEST: Sharon E. Sebera, Recording Secretary Page 4 MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING HELD ON SEPTEMBER 12, 1995 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. on the 12th day of September 1995, at City Hall with the following members present: Cindy DePrater Absent Steve Woifard Present Lyle Hilyard Present Steven Swerdloff Absent Barbara Crocker Present DeViile Hubbard Present Joe Aguew Present also in attendance were Sam Chavez, City Planner. With five (5) members present, a quorum was established and thc following items were addressed: 2. MINUTES Motion to approve the minutes of the meeting held August 22, 1995 - Commissioner Hilyard; second - Commissioner Wolfard. Motion carried with a unanimous vote. 2. CITIZEN INPUT None. ITEMS FOR CONSIDERATION: 4. PUBLIC HEARING: 09-95SUP1, Securgard Serf Storage: A request for approval of a Specific Use Permit (SUP) for a mini-storage warehouse facility and night watcbanan's quarters on a 3.67 acre tract. Thc 3.67 acre tract is located at thc northeast intersection of Cougar Alley and FM 423/Main Street and is currently zoned for the (GR) General Retail District. With Chairman Swerdloff absent, Vice-Chairman Crocker opened the Public Hearing. Sam Chavez, City Planner, explained that the applicant, Steve Houghton, is requesting approval of a mini-warehouse and watchman's quarters to be located on a 3.671 acre tract located north of Cougar Alley and FM 423/Main Street. Mr. Chavez advised that staffis recommending approval of this request. Page 1 Planning & Zoning Conunisslon Meeting- 9-12-95 Commissioner Hilyard asked Mr. Chavez if Mr. Houghton was aware of the stipulations. Mr. Chavez said yes. Mr. Houghton has a copy of the stipulations. Discussion was held on the drainage plan stipulation and the location of fire hydrants. Mr. Houghton advised that he had gone to about 25 homes in the Ridgepointe Addition and spoke to the residents. He advised that these residents expressed an interest in having a place to store their boats. Conversation followed regarding the possibility of covered open storage on the site. Security issues were addressed, with Mr. Houghton advising that 24 hour controlled access to the storage area and 15 to 20 mounted security cameras would be provided. Vice Chairman Crocker asked if notices had been sent to adjacent property owners. Mr. Chavez advised that fourteen (14) notices had been mailed out and none were returned. Vice Chairman Crocker asked if there was anyone in the audience wishing to speak at this Public Hearing. Nathanal Fitz of 5000 Roberts advised that he was representing the Friendship Baptist Church, and as a member had been asked to raise some questions - one being about security: Would it be lit and would a guard be outside? Mr. Houghton replied yes. Mr. Fitz expressed another eoncem over the amount of wrought iron fencing adjacent to the church property. He further stated that brick would have a better appearance and be more secure. Discussion followed regarding the view from the church and the amount of wrought iron fencing, phasing schedule, and exterior finishes of the buildings. Motion to close the Public Hearing and recommend approval of the applicant's request subject to all staff stipulations, including the following: (1) With the exception of buildings J, K, L, & M, Phase I of the development will be constructed in its entirety prior to the issuance of a certificate of occupancy; (2) the wrought iron fence between buildings D & E shall be limited to a four (4) foot wide gate; and (3) the exterior finish of the facility shall be brick - Commissioner Hilyard; second - Commissioner Agnew. Motion carried with the following roll call vote - Commissioner Wolfard - Aye; Commissioner Hilyard - Aye; Commissioner Hubbard - Aye; Commissioner Agnew - Aye; Vice-Chairman Crocker - Aye. (5-0) Page 2 Planning & Zoning Conunlssion Meeting- 9-12-95 5. OTHER BUSINESS WORK SESSION: Review of a zoning application for a 265.0 acre tract which is currently in the City of Carroilton, but under consideration for annexation by City Council. The tract is currently zoned (CC) Corporate Commercial in the City of Carrollton. Mr. Chavez stated that Mr. Henry Billingsley and Mr. Don Blackwood (applicants) were present and are requesting to zone 267 acres to a Planned Development District for a Business Park District and a Multi Family District. Vice Chairman Crocker asked Mr. Billingsley if the Multi-family portion of the Planned Development would conform with the stipulations placed on the Dai-Mac property. Mr. Billingsley replied that he was not aware of what the Ordinance contained. Discussion was held on the zoning that was granted by the city on approximately 657 acres eight (8) or nine (9) years ago, which was for the combination of a Business Park District and the ability to develop Multi-family. Mr. Billingsley advised that they would wanting to get the same zoning on the 267 acre tract so that the two tracts, which are contiguous, would have similar zoning. Mr. Billingsley said one of the biggest concerns the Fire Chief and the Mayor discussed with him were height limitations, and that they (Billingsley) would work with the city on sprinkling those buildings. Discussion followed regarding the amount of acreage to be developed Multi-family, with Mr. Chavez advising that under this request, approximately 900 acres would be considered zoned for Multi- family. Mr. Billingsley stated that basically, this request is for Business Park zoning, as is the bulk of the adjacent property, but that some of it would be developed Multi-family. Mr. Billingsley further stated that the majority would probably be developed Business Park because it is a better and higher use for the property. Vice-Chairman Crocker asked why the City of Carrollton does not want the property. Mr. Billingsley replied that Carrollton does want the property, however, they want to be in The Colony due to the city's zoning flexibility compared to Carrollton's. Conversation was held regarding the attractiveness of the building projects and flexibility. Page 3 Mr. Chavez expressed his concem that a conceptual plan or land use plan were not submitted when the 500 acre tract was previously zoned, which does not allow for the city to plan for the future due to not knowing how much acreage will be developed Business Park or Multi-family. Lengthy discussion was held regarding the need to know land use plans for sewer and water impact fees, service needs for the area, traffic impacts, fire personnel, wastewater treatment plant expansion, etc. Mr. Billingsley asked if and what kind of a dis-claimer could be placed on a conceptual plan if he produced one. Mr. Chavez replied that information relating to the percentage of the land to be developed Multi- family and Business Park would be what the city needs. STAFF REPORTS With no further business, the meeting was adjourned at 10:30 p.m. C%.X.'- c,. Barbara Crocker, Vice-Chairman ATTEST: Sh6rry ~, Secretary Page 4 MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING HELD ON OCTOBER 24, 1995 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. on the 24th day of October 1995, at City Hall with the following members present: Cindy DePrater Present Steve Wolfard Present Lyle Hilyard Present Steven Swerdloff Absent Barbara Crocker Present DeVille Hubbard Present Joe Agnew Present also in attendance were Sam Chavez, City Planner and Tom Cravens, Director of Public Works. With six members present, a quorum was established and the following items were addressed: 2. MINUTES Motion to table the minutes of the meeting held September 12, 1995 - Commissioner Hilyard; second - Commissioner Wolfard. No vote. Motion to ratify the minutes of the Joint Session held October 9, 1995, with the City Council - Commissioner Agnew; second - Commissioner DePrater. No vote. 3. CITIZEN INPUT None. 6. OTHER BUSINESS A. Worksession: 1. Review of a future specific use permit/site plan application for a 1.178 acm site located at the northeast comer of the intersection of S.H. 121 and F.M. 423/Main Street. 2. Review of a future site plan application for a site located at the northeast intersection of S.H. 121 and F.M.423/Main. Mr. Mike Clark of Winkleman & Associates was in attendance representing Matthews Southwest. Page 1 Mr. Clark advised that he had been working with Tom Cravens regarding the water & sewer utilities to the 42.442 acre site. Discussion followed regarding the development of the retail areas and the need for the anchor. Discussion regarding handicap parking and the need to indicate these areas on the site plan for the out parcels followed. Lengthy discussion was held regarding the driveway access capabilities off of FM423. Mr. Clark advised that they have been working with TxDOT, and have already eliminated one access. Commissioner Hilyard expressed his concern of having the rear of the buildings facing Memorial Drive, stating that some day S.H. 121 will become a limited access road. Lengthy discussion followed regarding the 20 foot landscape buffer and screening of the compactor. Commissioner Crocker stated that adequate landscape buffering was needed due to the Multi-Family zoning to the north. Mr. Chavez asked if the developer would consider eliminating the parking spaces along S.H. 121, citing the necessity of establishing standards for this corridor and the problem of head-in parking. He further inquired as to the possibility of providing a landscape buffer between the parking and S.H. 121. The Commission asked about the exterior finishes for the site and which lots would have finished structures. Mr. Clark advised that he would have to review with his client. Discussion was held regarding surface drainage, with Commissioner Hubbard asking that the developer address the drainage fi.om the compactors. Further discussion regarding parking requirements on the entire site and access to the comer lot (Lot 1) followed. Mr. Clark advised that there are still some internal issues that needed to be resolved prior to bringing the final plat to the Commission and Council. Additional dialogue followed regarding the exterior finish on the anchor store (Albertsons). Mr. Clark advised that the rear of the Albertsons would probably not be finished and the east side would not be. Mr. Chavez stated that a split face brick on the rear of the building would be more acceptable than C-MU. After fielding various questions fi.om the Commission, Mr. Clark advised that he would have answers when he came back for formal presentation. Review of the monument si~s followed, with Lots 3, 5, and 6 being determined to require single tenant signage. Discussion regarding the facade on the Mobile station (Lot 1) proceeded, with Mr. Jeff Stone, of Page 2 S&S Beer & Wine, advising that the agreement with the property owner was to match the development's facade once it was decided. Discussion closed with regard to the 42.442 acre site plfin. Mr. Mostafa Setayesh, engineer with The Dimension Group, introduced himself to the Commission in connection with the development of the 1.1478 acre site located at the northeast comer of the intersection of S.H. 121 and F.M. 423/Main Street. Mr. Setayesh advised that the specific use permit/site plan application was for a convenience store with a Mobile gas station. Commissioner Crocker asked if the canopy would be constructed of an aluminum material. Mr. Setayseh said yes. A similar site is under construction at the intersection of Colt and Frankford in Piano. The Commission was advised that this building would be bricked on all sides. Discussion followed regarding traffic flow and the State's requirements for intersection set backs. Vice-Chairman Crocker advised that the access driveway on S.H. 121 needed to be adjusted to 150 feet fi.om the intersection. Mr. Setayesh stated that they had no problem with eliminating the head-in parking or with the landscaping requirements. Mr. Chavez stated that the application for the specific use permit/site plan must be in by the end of the week to be placed on the 11-7-95 Planning & Zoning Commission agenda. ITEMS FOR CONSIDERATION 4. 10-95PP1. Colony Plaza Addition; A request for approval ora preliminary plat ora 42.442 acre tract located at the northeast intersection of Sate Highway 121 and FM 423/Main Street. The site is currently zoned for the (GR) General Retail District. Mr. Chavez explained that the applicant is requesting approval of a preliminary plat for The Colony Plaza Addition, which consists of 42.442 acres. The preliminary plat is divided into five (5) lots. He further stated that Blair Oaks is a four-lane, undivided thoroughfare with eighty (80) feet of right- of-way. The plat indicates sixty (60) feet of right-of-way for Blair Oaks and an additional ten (10) feet of right-of-way will be required in order for the plat to comply with the city's Thoroughfare Plan. In addition, Mr. Chavez advised the Commission that F.M. 423 is designated as an eight-lane, divided thoroughfare with 140 feet of right-of-way. The current right-of-way width on F.M. 423 is Page 3 110 feet. The preliminary plat submitted by the applicant provides a total of 60 feet of dedicated right-of-way from the centerline of F.M. 423, with 10 feet reserved for future right-of-way, a street easement will be provided by the developer for the required right-of-way and prohibits any permanent structures. Discussion followed regarding the easement set aside for future right-of-way, with Mr. Chavez advising that the developer can not place structures in that area. Mr. Clark stated that this easement would be reflected on the proposed final plat. Further discussion ensued with regard to the landscaping and possible sidewalk constructed in this easement. Mr. Chavez advised that there is more than adequate space to maintain landscape requirements if this easement is needed and, should a sidewalk be constructed, it would have to be removed. Commissioner Hilyard expressed his concern that the intersection of Blair Oaks and Memorial Drive has been moved to the south. Lengthy discussion followed regarding Memorial Drive, flood plain restrictions and crossing Office Creek. Motion to recommend approval of the preliminary plat, subject to staff's stipulations - Commissioner Agnew; second - Commissioner Hubbard. The motion carried with the following roil-call vote: Commissioner DePrater - aye; Commissioner Wolfard - aye; Commissioner Hilyard - aye; Commissioner Hubbard - aye; Commissioner Agnew - aye; Vice- Chairman Crocker - aye. 5. 10-95FP1, Main Street 121 Addition: A request for approval of a final plat of a 1.1478 acre tract located at the northeast comer at the intersection of State Highway 121 and F.M. 423/Main Street. The site is currently zoned for the (GR) General Retail District. Brief discussion regarding the 10 foot street easement and right-of-way dedication on this tract. Motion to recommend approval of the final plat, subject to staff stpulafions - Commissioner Agnew; second - Commissioner DePrater. Motion carried with the following roll call vote: Commissioner DePrater - aye; Commissioner Wolfard - aye; Commissioner Hilyard - aye; Commissioner Hubbard - aye; Commissioner Agnew - aye; Vice-Chairman Crocker - aye. 6. OTHER BUSINESS (Continued) B. Discussion of planning strategies for the City's Comprehensive Plan amendment process. Mr. Chavez advised the Commission that he planned on having the Impact Fcc Advisory Committee Page 4 meetings held in tantem with the Steering Committee meetings. November 8th, 1995, at 7:00 p.m. is the tentative date for the first meeting. The impact fee ordinance needs to be updated by April, 1996. Mr. Chavez asked Commissioner DePrater if she could represent the development community on this committee. 7. STAFF REPORTS Planning & Zoning meeting on November 14, 1995: Tentative agenda - SUP for a cajun restaurant. Mr. Chavez introduced Monica Nance. Ms. Nance is a planning intern and will be working with Mr. Chavez until May. Presently she is working on the zoning sign ordinance. With no further business, the meeting was adjourned at 9:45. Barbara Crocker, Vice-Chairman ATTEST: Sharon E. Sebera, Recording Secretary Page 5 MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING HELD ON NOVEMBER 14, 1995 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. on the 14th day of November 1995, at City Hall with the following members present: Cindy DePrater Present Steve Wolfard Present Lyle Hilyard Present Steven Swerdloff Present Barbara Crocker Present DeVille Hubbard Present Joe Agnew Present also in attendance was Sam Chavez, City Planner. With seven members present, a quorum was established and the following items were addressed: 2. CITIZEN INPUT None. ITEMS FOR CONSIDERATION: 3. ll-95FP1. Colony Plaza Addition: A request for approval of a final plat of a 19.468 acre tract located at the northeast intersection of State Highway 121 and FM 423/Main Street. The site is currently zoned for the (GR) General Retail District. Mr. Mike Clark of Winkleman and Associates was in attendance to represent the owners of this property. Sam Chavez addressed the Commission stating that the property is currently zoned for the (GR) General Retail District and is located at the northeast intersection of S.H. 121 and FM 423/Main Street. Mr. Chavez further stated that the final plat indicates Lots 2-9 for platting purposes, for a total of eight (8) lots. The final plat for Lot 1 was approved by City Council on November 6, 1995. Mr. Chavez added that, with the exception of staff's stipulations, the final plat conforms with the approved preliminary plat. P~el Planning & Zoning Commission Meeting - 11-14-95 Mr. Clark advised that the developer had no problems with the staff stipulations. Motion to recommend approval, subject to staff stipulations Commissioner Hilyard; second - Commissioner Crocker. Motion carried with the following roll-call vote: Commissioner DePrater - Aye; Commissioner Woifard - Aye; Commissioner Hilyard - Aye; Commissioner Crocker - Aye; Commissioner Hubbard - Aye; Commissioner Agnew - Aye; Chairman Swerdloff- Aye (7-0). 4. 11-95SP1, Colony Plaza Addition: A request for approval of a site plan of a 14.853 acre tract located at the northeast comer at the intersection of State Highway 121 and F.M. 423/Main Street. The site is currently zoned for the (GR) General Retail District. Mr. Chavez stated that the applicant is requesting approval of a site plan for a portion of the Colony Plaza Addition, located at the northeast intersection of S.H. 121 and FM423/Main Street. The site plan incorporates Lots 2-8, Block I of the Colony Plaza Addition and consists of four (4) pad sites around the perimeter and three (3) large interior lots. In addition, Mr. Chavez advised that the site plan exceeds the landscape requirements of the Zoning Ordinance. Prior to the expansion of F.M. 423 to an eight-lane divided thoroughfare, the landscape buffer is a minimum 20 feet wide buffer and after expansion, the width of the landscape buffer will measure 26.5 feet, which includes the parkway. Mr. Chavez advised the Commission that the SH121 Corridor Standards had not been formally established at this time, however, they are incorporated in this site plan. Mr. Clark addressed the staff stipulations and advised that the developer does not take exception to the majority, however, did not feel that they would be able to delete all of the head-in parking along S.H. 121 away. Discussion followed regarding the location of the driveway on Lot 6. Mr. Clark stated the need for this location to remain is due to the proposed "drive-thru" and traffic configurations. Mr. Clark advised that following the worksession on the site plan, a screening wall has been placed around the compactor and all parking in the back of the Albertson's has been eliminated. Provisions were also made for a bermed area to help screen the rear of this structure. Lengthy discussion followed regarding the facade treatment of the rear of the Albertson's structure, with the Commission expressing a desire to have it match the front. Mr. Terry Sullivan of Hodges & Associates - Architects; addressed the materials to be used on the front of the building and circulated a sample of each. An elevation drawing was also presented to Page 2 Planning & Zoning Commission Meeting- 11-14-95 the Commission. Commissioner Agnew expressed a desire to have the rear of the building painted the same color as the split face on the front. Commissioner Crocker also expressed a desire to have the rear facade textured. Further discussion ensued with regarding to the parking spaces. Mr. Robert Farrell, Winkleman & Associates advised that the reason for exceeding the code on parking is to attract premium, fh'st class restaurants. Commissioner Agnew expressed his concern about S.H. 121 being the gateway to the city and the appearance of the head-in parking along this highway. Lengthy discussion followed regarding berming and landscaping in front of the head-in parking. Mr. Farrell asked the Commission to please consider berming and landscaping, as opposed to eliminating the parking, before voting. Mr. Chavez asked if the applicant would consider submitting a landscape plan to the Planning & Zoning Commission and have an informal review of the plan in lieu of eliminating the head-in parking. Mr. Clark replied yes. Further discussion regarding exterior facades. The north and east wails of Lots 4 and 8 would be considered the same as a rear wall. The developer will maintain control of the exterior finishes on all pad sites, possibly through restrictive covenants, and they would be consistent throughout the development. Signage would be controlled in the same manner. Commissioner Hilyard again expressed his concern about the rear of the buildings facing Memorial Drive. Lengthy discussion followed. Commissioner Crocker stated that the tilt-wall facades should be textured prior to painting. Lengthy discussion followed with regard to the screening of roof top mounted equipment. Motion to recommend approval subject to staff stipulations, with the following amendments: Staff stipulation #3 be deleted; in lieu of eliminated the parking along S.H. 121, staff stipulation #4 be amended that the applicant shall submit a landscape plan for an informal review by staff and the Planning & Zoning Commission prior to the issuance of a building permit; that staff stipulation #6 be amended to require a minimum four (4') foot high continuous meandering berm behind the compactor; that any tilt-wall be treated or sand Page 3 Planning & Zoning Commission Meeting - 11-14-95 blasted prior to painting; staff stipulation #9 be amended to require all four walls of the structure be treated with similar facade color schemes and the exterior finishes as presented on the "exterior material list" dated November 13, 1995 be utilized - Commissioner Crocker; second - Commissioner DePrater. Motion carried with the following roll call vote; Commissioner DePrater - Aye; Commissioner Woifard - Aye; Commissioner Hilyard - Aye; Commissioner Crocker - Aye; Commissioner Hubbard - Aye; Commissioner Agnew - Aye; Chairman Swerdloff- Aye (7-0). PUBLIC HEARINGS 5. ll-95SUP1. Zydeyco's: A request for approval of a specific use permit for a restaurant where the sale of beer, wine and liquors are incidental to the serving of food. The site is located west of F.M. 423/Main Street, on the north side of S. Colony Boulevard and more specifically at 4649 S. Colony Boulevard, Suite 300, Lakeview Plaza. The site is zoned for the (SC) Shopping Center District. Chairman Swerdloff opened the Public Heating. Mr. Chavez explained that the applicant is requesting approval of a specific use permit for the sale of beer, wine and liquors, incidental to the serving of food at a restaurant with approximately 170 indoor dining seats and 50 outside patio dining seats. Mr. Chavez advised that, with the exception of those items found in staffs stipulations, the applicant's submittal and site plan conforms with the requirements of the Zoning Ordinance and for specific use permits for the sale of beer, wine and liquor. Staff recommends approval of the request, subject to staff stipulations. The Commission was advised that notices were sent out to all property owners within 200' of the proposed location and no responses were returned. Mr. Marh McCall, with the Zydeyco's restaurant, advised the Commission that the arrangement plan is somewhat different than the one in the packet. They have decided to take out the lean bar, which leaves eleven (11) bar seats and five (5) tables in the "bar" area. Mr. McCall further explained that the dining area will be approximately 4,400 square feet, and approximately 1,000 square feet would be dedicated to kitchen area. The patio dining area will be on the south side of the building. The restaurant will probably only be open at night during the week when it is first opened, subject to change and there will not be any "live" bands. Page 4 Planning & Zoning Commission Meeting - 11-14-95 Brief discussion was held regarding the exterior finishes. Mr. Chavez will review at the time the applicant applies for building permits. Motion to recommend approval of a specific use permit, subject to all staff stipulations and to close the Public Hearing - Commissioner DePrater; second - Commissioner Agnew. Motion carried with the following roll call vote: Commissioner DePrater - Aye; Commissioner Wolfard - Aye; Commissioner Itilyard - Aye; Commissioner Crocker - Aye; Commissioner Hubbard - Aye; Commissioner Agnew - Aye; Chairman Swerdloff- Aye (7-0). 6. 11-95SUP2, S&S Beer and Wine//3: A request for approval of a specific use permit for the sale of beer and wine for off-premise consumption on Lot 1, Block 1 of the Main Street-121 Addition. The 1.143 acre site is located at the northeast comer of the intersection of S.H. 121 and F.M. 423/Main Street. The site is zoned for the (GR) General Retail District. Chairman Swerdloff opened the Public Heating. Mr. Chavez addressed the Commission and audience stating that the proposed site will support a 4,817 square foot convenient store, a 648 square foot automatic car wash and seven (7) fuel dispensing units. The site plan indicates the required fight-of-way dedication for F.M. 423 and the ten (10') foot wide street easement in accordance with the approved final plat. The subject site provides four (4) points of access onto the site, two internal driveways and driveways onto S.H. 121 and F.M. 423. The two internal driveways provide internal site circulation for the entire proposed shopping center and a means of accessing the subject site from the proposed new median opening located north of the site. Mr. Chavez said staff has reviewed the applicant's proposed site plan and recommends that an amendment be made to relocate the proposed driveway on S.H. 121 to conform with the city's General Design Standards. In addition, all required fire lanes need to be shown on the site plan. Mr. Chavez has also asked that additional landscape areas along FM 423 and SH 121 and a landscape island at the southwest comer of the building be provided. Staff recommends approval of the applicant's request subject to staff stipulations. Mostafa Setayesh, P.E. of the Dimension Group and John Stone of S&S Beer & Wine were in attendance to answer any questions. Mr. Setayesh advised that all head-in parking along S.H. 121 has been eliminated and there was no problem conforming to staffs stipulations. In addition, Mr. Setayesh stated that all four sides of the building will be finished out. Page 5 Planning & Zoning Commission Meeting - 11-14-95 Brief discussion followed. Motion to recommend approval of a specific use permit subject to staff stipulations, with the following additions; utilize screen on all roof top mounted equipment, the exterior finishes as presented on the "exterior materials list" dated November 13, 1995 and provide additional landscaping along S.H. 121; and to close the Public Hearing - Commissioner Crocker; second - Commissioner Hubbard. Motion carried with the following roll call vote: Commissioner Crocker - Aye; Commissioner Hubbard - Aye; Commissioner Hilyard - Aye; Commissioner Crocker - Aye; Commissioner Hubbard - Aye; Commissioner Agnew - Aye; Chairman Swerdloff- Aye (7-0). 7. OTHER BUSINESS None 8. STAFF REPORTS Mr. Chavez advised that the 121 Corridor Standards will be on the agenda for 11-28-95 as a worksession. Chairman Swerdloff thought it might be appropriate to invite developers. Steering Committee meeting will be held on 11-29-95 at 6:00. · Mr. Chavez will be meeting with J.T. Duncan, Lori Harlan, Pam Nelson and Tom Cravens on Thursday. · The Planning & Zoning Commission Regular Session scheduled for 12-26-95 will be cancelled. · A revision to the Master Thoroughfare Plan will be coming before the Commission. Frisco has eliminated the extension of North Colony Boulevard on their Plan, however, have created an extension to South Colony Boulevard. · Mr. Chavez advised that a zoning amendment on the Dal-Mac property may be coming before the Commission. Commissioner Hilyard expressed his concern over granting zoning changes with the status of the Comprehensive Plan being what it is. He would like something in writing fi.om the city attorney. With n° further business' the meeting was adj°umed at 9:25 P'm~~g ~ ~~,, ' VV~t'/~ ~ - OV Page6 Planning & Zoning Commission Meeting- 11-14-95 Steven Swerdloff, Chairman ATTEST: Sharon E. Sebera, Recording Secretary Page 7 MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION MEETIaNG HELD ON November 28, 1995 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. on the 28th day of November 1995, at City Hall with the following members present: Cindy DePrater Absent Steve Woifard Present Lyle Hilyard Present Steven Swerdloff Present Barbara Crocker Present DeVille Hubbard Present Joe Agnew Present also in attendance were Sam Chavez, City Planner and Monica Nance, Planning Intern. With Commissioner DePrater absent and six members present, a quorum was established and the following items were addressed: 2. MINUTES Motion to table the minutes of the meeting held September 12~ 1995 - Commissioner Hilyard; second - Commissioner Hubbard. Motion carried with a unanimous vote, with Chairman Swerdloff abstaining due to absenteeism from said meeting, Motion to approve the minutes of the meeting held October 24~ 1995 - Commissioner Agnew; second - Commissioner Crocker. Motion carried with a unanimous vote, with Chairman Swerdloff abstaining due to absenteeism from said meeting. Motion to ratify the minutes of the Joint Session held October % 1995 -Commissioner Agnew; second - Commissioner Crocker; Motion carried with a unanimous vote, with Commissioner Hilyard abstaining due to absenteeism from said meeting. 3. CITIZEN INPUT None. PUBLIC HEARING 4. 11-95SUP3, Eckerd Drug/Lavell A. Garner: A request for approval of a specific use permit for the sale of beer and wine for off-premise consumption on a 1.296 acre tract located at the southwest intersection of N. Colony Boulevard and F.M. 423/Main Street. The site is zoned for the (SC) Shopping Center District. Page 1 Planning and Zoning Commission Meeting: 11/28/95 Mr. Chavez addressed the Commission, saying that the applicant is requesting approval of a specific use permit for the sale of beer and wine for off-premise consumption. The final plat and site plan for Eckerd's were approved by the City Council on October 17, 1995. Mr. Chavez explained that the site is surrounded by non-residential land uses and that the nearest residential land use is located approximately 230 feet to the south of the site. The structure has an existing driver-up window located on the south side of the building. Staff recommends that the sale of beer and wine via the drive-up window be prohibited. Commissioner Hubbard asked what the benefit would be to our citizens in granting this SUP with six (6) other sites in the immediate area? Lavell Gardner, applicant, replied none other than citizens wanting to use this establishment. Commissioner Hilyard asked how many other Eckerd's sale beer and wine? Mr. Gardner replied that out of 300, there are 61 that do. Motion to recommend denial and close the Public Hearing - Commissioner Hubbard; motion died due to the lack ora second. Motion to recommend approval, subject to staff stipulations and close the Public Hearing - Commissioner Agnew; second - Commissioner Crocker. Motion carried with the following roll call vote: Commissioner Woifard - Aye; Commissioner ltilyard - Aye; Commissioner Crocker - Aye; Commissioner Hubbard - No; Commissioner Agnew - Aye; Chairman Swerdloff- Aye. Mr. Chavez advised that this item would go before City Council on December 4, 1995 for consideration. 5. OTHER BUSINESS A. WORKSESSION 1. Review of a proposed preliminary plat for The Water's Edge Addition located in Denton County in the city's extraterritorial jurisdiction (ET J). Cancelled. 2. Discussion and worksession on the development of the S.H. 121 Corridor Standards. Mr. Chavez advised the Commission that the draft provided in their packet contained typical Page 2 Planning and Zoning Commission Meeting: 11/28/95 standards that found in corridor standards throughout most of the metroplex. Marcie Diamond, Ferrara & Associates, said she had compiled the draf5 from the corridor standards used by Garland and adjusted them to fit The Colony's needs. Ms. Diamond briefed the Commission on the general contents of the draf~ Development Standards for the S.H. 121 Corridor. The first item to be accomplished is to establish the corridor itself and the city's goals for said corridor. Discussion followed with regard to what the Commission envisioned in the corridor. Some type of control over landscaping, height restrictions, paving enhancements and exterior finishes were addressed as being high priority. Commissioner Hilyard suggested an architectural control committee be established. Ms. Diamond advised against this for legal reasons. Commissioner Agnew stated that he would like the relationship of the city to the lake highlighted in the corridor, possibly requiring the monument signage to incorporate a portion of the city logo or "water/recreation related" enhancement. Discussion followed regarding the identification of the depth of the corridor. It was determined that between Paige and the railroad tracks, Memorial Drive would be the north boundary, between Paige and Blair Oaks would be Office Creek; essentially all non-residential. Commissioner Agnew asked if we could work with surrounding cities to adopt the same standards? ~Mr. Chavez advised that he had contacted Carrollton and basically, if ours are better than theirs, then they might consider them. Discussion regarding parking areas in front of buildings facing the main thoroughfares followed. General consensus was that this should not be allowed, however, certain uses deemed it necessary. Ms. Diamond advised that she had anticipated the need to address loading docks, delivery areas, etc., and had included standards addressing these issues. Discussion and review followed. Lengthy discussion followed regarding exterior finishes. The Commission expressed their desire to eliminate painted C-MU. Ms. Diamond suggested limiting it to a percentage. Mr. Chavez pointed out the need to address companies that want to maintain their corporate image by using their standard signage, building design, etc. Lengthy discussion followed regarding maintaining leverage with the standards in place, however, some flexibility is needed. Page 3 Planning and Zoning Commission Meeting: 11/28/95 Ms. Diamond will include verbiage in the standards to address elimination of the "big box" look. Commissioner Agnew advised that he would tike to see a taller berm area for the head-in parking and various widths of the landscape buffer. Discussion was held regarding the appropriate height for the berm, screening mechanism, etc. Parking garages were addressed in regard to screening. Lengthy discussion followed with regard to utilities. Consensus was that all electric should be placed underground, lV[r. Chavez and Ms. Diamond will check with T.U.E. and the State about the existing overhead lines in the right-of-way. Chairman Swerdloff stated that E(2) on Page 7 of the development standards relating to roof top mechanical equipment needs to be reviewed. Realizing that the city does not have any ordinances regulating cellular phone'towers and satellite dishes, can that be addressed here? Ms. Diamond advised that the standards are not the place for regulation. Chairman Swerdloffinquired about placing cellular phone towers or satellite dishes on roof tops, can we make certain requirements? He advised that he would like to see that they match the facade or satellite dishes be screened; cellular towers can not have a screen. Further discussion was held. Commissioner Hubbard advised that Cedar Elm should be taken off the recommended plant list. In addition, all types that freeze should be removed, such as the Chinese Tallow and WaxleafLigustrum Brief discussion was held regarding requiring similar facades throughout the corridor. ~Mr. Chavez suggested that instead of using facades to produce continuity, the use of landscape requirements, buffering and street lights should be utilized. Lengthy discussion followed with regarding to landscaping, buffer widths, etc. The Commission expressed the desire to choose one particular type of tree to be required along the street lines for distinction and continuity of the corridor. The need to specify the height of the tree at the time of planting should be included in the standards. Chairman Swerdloffasked that the requirement for 20% coverage of a platted lot pertaining to Retail be reviewed. Commissioner Hubbard concurred. Ms. Diamond will review. Discussion followed with regard to reviewing internal landscaping as opposed to landscaping buffers. Further conversation regarding the city's existing landscape ordinance, with Commissioner Agnew asking if we need to make amendments to it. Page 4 Planning and Zoning Commission Meeting: l 1/28/95 Ms. Diamond explained that an Overlay District can be more restrictive that the Landscape Ordinance, however, not the other way around. It can not be used as a variance tool. The Commission and Ms. Diamond reviewed the portion of the development standards relating to glare and illumination. Brief discussion was held regarding the use of amber lighting and the need to look at an alternative for lighting requirements on property adjacent to residential property. Another worksession will be held on December 19, 1995 at 6:00 for discussion and recap of the 121 Corridor Development Standards. With no further discussion, the next item was addressed. 6. STAFF REPORTS ,. Three (3) terms on the Commission expire at the end of December. The City Council approved the SUP's for the S&S convenience store and Zydeco's restaurant. ,. The final plat for the Colony Plaza has been approved by Council. There is a meeting of the Comprehensive Plan Steering Committee tomorrow (I 1-29-95) at 7:00 to discuss the work program and time line. J'. T. Dunkin and Hal Jones will be in attendance. Mr. Chavez hopes to have a recommendation regarding the elements fi.om this meeting. There will be an orientation session for the new member. Commissioner Crocker asked about the COG training. ~fl-. Chavez is working on setting the dates and topics. Commissioner Hubbard suggested taping the orientation for future use. With no further business, the meeting was adjourned at 10:3~p.m. ATTEST: Sharon E. Sebera, Recording Secretary Page 5 MINUTES OF THE REGLTLAR PLANNING AND ZONING COMxMISSION MEETING HELD ON DECEMBER 19, 1995 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 6:15 p.m. on the 19th day of December, 1995, at City Hall with the following members present: Cindy DePrater Absent Steve Wolfard Absent Lyle Hilyard Present Steven Swerdloff Present Barbara Crocker Present DeVille Hubbard Present Joe Agnew Absent also in attendance was Sam Chavez, City Planner. With four (4) members present, a quorum was established and the following items were addressed: 2. MINUTES Motion to approve the minutes of the meeting held September 12. 1995 as written - Commissioner Hilyard; second - Commissioner Hubbard; with Chairman Swerdloff abstaining due to absence from the September 12, 1995 me, ting, the motion carried with a unanimous vote of the remaining member~ Motion to approve the minutes of the meeting held November 14. 1995 as written - Commissioner Crocker;, second - Commissioner Hilyard. The motion carried with a unanimous vote. Dianne Whithlatch, newly appointed Commissioner whose term begins in January requested a copy of the minutes approved tonight. 3. CIT~?~EN INPUT None. 4. OTHER BUSI/~SS a. Workaession: Discussion and review of the preliminary draft development standards for the S.H. 121 Corridor. Mr. Chavez addressed the Commissioners stating that the draft document provided contained the revisions as defined in the last worksession. Graphics and definitions Planning & Zoning Commisston: t,.-,.. have been added, however, some standards have been omitted, such as design standards for intersections and requirements for the burial of electric power Lines. Lengthy discussion followed, with Ms. Diamond and Mr. Chavez explaining the outcome of their recent meeting with Mr. Jim McCormick of T.U. Electric, regarding the burial of electrical lines. Ms. Diamond explained that it would be very costly to bury alt existing utility lines. Lengthy discussion followed regarding leaving and/or allowing overhead electric lines along S.H. 121 and what the future cost would be to bury existing lines. Chairman Swerdloff inquired if we can legally asked the utility companies to bury existing l/nes, and that this needs to be researched. Ms. Diamond advised that T.U. Electric had suggested establishing different lighting standards, unique to the corridor at this time. The need for easements for lighting standards and buried service lines was discussed. Chairman Swerdloff stated that we need to check on the placement of restrictions, malting sure they do not v/otate any existing easements or right-of- way. Mr. Chavez will review the question of existing easements and right-of-way. Further discussion regarding the cost to bury and/or relocation of the transmission lines along S.H. 121, with Ms. Diamond referencing the material provided in the packet, explaining that service lines can be placed underground for little or no cost to the developer. Conversation regarding the difference between overhead transmission lines and service lines followed. With regard to the CORRIDOR BOUNDABII~S, Mr. Chavez asked if the Commission would entertain including the area south of S.H. 121 which is located in the town of Hebron in the 121 Corridor? Al%r discussion, it was suggested that this be referenced by verbiage; such as "south of S.H. 121 running parallel at a depth of 1,200'." Review of the GOALS section of the development standards ensued. Ms. Diamond advised that she had developed three (3) major goals with the Commission's input. 2 Planning & Zoning Commission: 12-19-95 Commissioner Crocker asked that the word "high" quality be inserted in Goal No. 1. With regard to SITE DESIGN [Section I, A(3)], Ms. Diamond advised that the city can not require specific "water features", but can encourage the use of the design. In addition, Ms. Diamond stated that the brick stone and concrete paving unit requirements relating to driveways and intersections have been removed due to problems with these materials holding up over a period of time. Discussion foUowed regarding the graphics included in the development standards relating to exterior facades [BUILDENG DESIGN: Section 1I, Al. Mr. Chavez stated that these are examples provided to prevent the "big box" design. Commissioner Hubbard stated he would like to see more of an inverted relief design. Ms. Diamond will research other examples. Brief discussion followed regarding parking garages. With regard to SCREENING [Section IlI], Ms. Diamond advised that visual screening, especially at intersections, has been included since the city currently has no ordinance regulating this subject. Discussion regarding the screening of roof-top mounted equipment followed. The screening of satellite dishes has been included and was reviewed. Chairman Swerdloff asked what the purpose of requiring the painting of the inside of the screening was? He added that he is not comfortable in asking a developer to do this. Ms. Diamond responded that this requirement was intended to "enhance" the view from multi-stored buildings looking down on single story buildings. Chairman Swerdloffcalled for a recess: 7:10 Reconvened: 7:20 Discussion resumed regarding the screening of satellite dishes and antennas. It was confirmed that this is a "temporary issue" and will change as technology changes. Planning & Zoning Commission: [2-l%95 The verbiage of Section F(6) of the development standards relating to satellite dishes and antennas will be reviewed and possibly revised. Discussion relating to the LANDSCAPING (Section IV.) of the comdor standards followed. Ms. Diamond advised that this section is less restrictive than the city's current landscaping ordinance, however, is more applicable within this corridor. A revis/on in Section IV, A(3) relating to the twenty (20') foot landscape buffer strip adjacent to the fight-of-way of dedicated streets, other than major thoroughfares was discussed. Further discussion regarding landscaping followed. Commissioner Hubbard suggested reviewing the possibility of requiting 50% Live Oak and 50% of another variety of Oak, other than Pin Oak, or a 75%/25% ratio, rather than requiring 100% Live Oak. Discussion followed regarding the percentages to be specified. Review of the landscape requirements pertaining to retail sites and pm'king lot screening was held. A concern was raised regarding the use of a combination of berms, shrubs and walls in relation to the height requirement of trees. The requirement for landscaped areas being no less than four (4) feet wide and a minimum of sixteen (16) square feet was reviewed and revised to read a minimum of "thirty-two (32) square feet" [Section IV, E(3)]. The same will apply to Section IV, E(4) relating to landscape areas being planted in ground cover. Pin Oak will be added to the list of prohibited trees. Brief discussion was held regarding detention and retention requirements. The city currently has no regulations. Ms. Diamond advised that the proposed traffic management standards will be provided to the Commission at the next meeting. Commissioner Hubbard stated that he would like to include verbiage relating to keeping dumpster areas litter free and no outside storage. ARer review of the definitions of the 121 Comdor Development Standards, it was the consensus that the definition of ~ needs to be revised with regard to percentage and the requirement to be colored. 4 Planning & Zoning Commission: 12-1%95 Further information regarding electric lines, intersection improvements and Denton County Cooperative easements w/Il be provided at the next meeting. Upon final draft of the development standards, property owners will be contacted for their input. 5. STAFF REPORTS A Special Session of the Planning and Zoning Commission will be held on January 16, 1996 at 7:00 p.m. Chairman Swerdloff reminded everyone of the need to prepare the Commission's year-end report to the City Council, to include the goals accomplished in 1995. · Discussion regarding the COG training schedule. The Commission's consensus was to hold a training session on a Saturday. · Mr. Chavez advised that there will be an orientation held in January.. Commissioner Hubbard suggested that the orientation be video taped and placed in the Library for future appointed Commissioners and those who may be interested in applying. With no fin-they discussion, the meeting was adjourned at 8:15 p.m. ATTEST: Sharon E. Sebera, Recording Secretary 5