HomeMy WebLinkAbout1996 P&Z MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION
MEETING HEIJ) ON JANUARY 16, 1996
The Spedal Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 16th day of January, 1996, at City Hall with
the following members present:
Cindy DePrater Absent
Place 2 Vacant
Lyle Hilyard Absent
Steven Swerdioff Present
Barbara Crocker Present
DeVHle Hubbard Present
Joe Aguew Present
also in attendance were Sam Chavez, City Planner and Monica Nance, Planning Intern.
With four (4) members present, a quorum was established and the following items were
2. M/NUTKS
Motion to approve the minutes of the meeting held November 2S. 1995 as written -
Commissioner Agnew; second - Commissioner Crocker;, motion carried with a
unanimous vote of the reutaining members.
Motion to approve the minutes of the meeting held December 19. 1995.als written -
Commissioner Crocker;, second - Commissioner Hubbard; with Commissioner
Agnew abstaining due to absence at the 12-19-9~ meeting - the motion carried with
a unanhnous vote of the remaining members.
None.
4. OTHER BUSINESS
a. Worksession:
1. Discussion and review of the draft development standards for the
S.H. 121 Corrklor.
Mr. Chavez addressed the Commissioners stating the revisions requested by the
Commission at the 12-19-95 worksession have been made, and the document
included in tonight's packet is intended to be the final draft.
Planning & Zoning Commission: 1-16-~6
Mr. Chavez informed the Commission that he and Marcie Diamond, planning
consultant of Ferrara Architects, Inc., had recently met with Denton County
Cooperative regmding the subject of buried and/or overhead utility lines. Denton
County provided two (2) books of lighting standards to choose from. Mr. Chavez
then turned the floor over to Marde Diamond, planning consultant.
Ms. Diamond stated that the word "high" had been added to Page ii, relating to the
quali~ ofthe standards of the S.H. 121 Corridor, as requested by the Commission
With regard to the CORRIDOR BOUNDARIES section, Ms. Diamond drew
attention to the addition of the verbiage "For planning purposes, this corridor also
includes the land south of S.H. 121 which is currently in the Town of Hebron. In
the event that this land is annexed into the city of The Colony, these Development
Standards will be imposed on all the non-residential land, south of S.H. 121, for a
distance of 1,200 feet. ~
Ms. Diamond pointed out the change on Page -3- with regard to the standards set
for exterior walls, in particular relating to the *big box" effect, and that dimensions
have been included on the graphic to more clearly define the minitmm~ exterior
facade.
Discussion followed with regard to the screenin8 of roof-mounted equipment and
cellular (mom)pole) f~cilities located on pages -7- and 4- of the development
standards.
Ms. Diamond addressed the addition of verbiage on Page -10- with regard to the
landscaping requirements in the $.H. 121 Corridor Standards as they relate to the
city's existing landsca~ ordinance.
Lengthy discussion followed regarding the minimum requin~ments for the berm
height in combination with the minimum ~ for planthree height. Mr.
Chavez suggested requiring a minimum berm height and include one of two other
dements (shrubs, trees, etc.) to reach a minimum total landscape buffer height.
Verbiage requiring a combination a minimum height berm with a wall and/or
shrubs along each street frontage has been included in the standards.
Consensus was to revise this section to better clarify the intent of these
requiremems.
Discu~.4on followed regarding the need to further define electrical lines.
Additional fight-of-way requirem,~s at imerseefions to allow for wider
intersections and median spacing was discussed at length. Mr. Chavez advised
this was an issue discussed during the Major Thoroughfare Plan revisions, la
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Planning & Zoning Commission: 1-1(>-96
order for this to be enforced, the Thoroughfare Plan and Subdivision Ordinance
will need to be amended to include these intersection standards.
Commissioner Agnew advised that he would like to see many of the SH. 121
Corridor Standards applied to F.M. 423 and Piano Parkway.
Commissioner Crocker pointed out th~ the 2U-C "definition' needs to be omitted
from the S.H. 121 Corridor Standards as it allows on-street parking.
After further discussion regarding the S.H. 121 Corridor Standards, Mr. Chavez
advised that he would like to take the final draft to the developers/property owners
for their input as the next step and prior to presenting them to the City Council.
2. Hannin$ & Zoning Commission OrienUh
Tabled until a full Commission is seated.
b. Discussion of tr~i~ing sessions provided by North Central Te~s
Council of Governments
Ms. Nance reviewed the schedule with the Commi~oners. Chairman Swerdloff
suggested that the attendance schedule be delayed until a full Commi.~ion is
seat~.
STAFF REPORTS
The City Council approved the annexation of the Billingsley
property at their 1-15-96 Regular Session.
· The agenda for the Planning & Zoning meeting scheduled for 1-23-
96 is tentatively as follows: A request for approval of the Water's
Edge Preliminary Plat ** Request for approval of a site plan for a
Burger King on F.M 423 in the Colony 1~ Addition '*
Ame~n~m to t~e Zonin~ Or~nanc~ to rede po~ of zoning
change signs and to amend restrictions on the Planned Development
requirements in the Garza Lake Estates (F2stvale) Addition.
· Update oll the Comprehellsi~ Plarl - J. T. Duncan, consultant, is
gathering figures for the adjustment of ~ .,m~act fees. City C_x,un~
has appoimed two (2) Ad Hoc members to the ~ .mpact Fee
Briefdiscus.4on followed regarding the Impact Fee Ordinance, CIP
and Land Use Plan.
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Plannin~ & Zoning Commission: 1-16-~
Mr. Chavez reminded the Commission that whenever plans a~e distributed
to the members requiring their comments, a timely response is appreciated.
With no further discussion, the meeting was adjourned at 8:35
ATTEST:
Sharon E. Sebera, Recording Secretary
MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION
MEETING HELD ON
JANUARY 23, 1996
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 January 1996, at City Hall with the following
members present: ,
Cyndi DePrater Absent
Diane Whitlatch (Not Sworn In)
Place 5 Vacant
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 four
(4) members present, a quorum was established and the following items were addressed:
2. CITIZEN INPUT
None.
ITEMS FOR CONSIDERATION:
3A. 01-96SP1 Burger King/Tom Cravens: A request for approval of a site plan on Lot 4,
Block 1 of the Colony Plaza Addition located north of the northeast intersection of S.H. 121
and F.M. 423 (Main Street). The site is currently zoned for the (GR) General Retail District.
Mr. Chavez addressed the Commission stating that the proposed 0.904 acre site is designed to
support a 3,926 square foot structure with a drive-thru window. This site has three (3) points of
access; one curb-cut on Main Street, a furore median opening on Main Street will provide a second
and one internal driveway.
Mr. Chavez advised that the site plan does conform with the approved overall site plan of the Colony
Plaza Addition and the Comprehensive Zoning Ordinance with the exception of: inadequate
landscape buffer, the sidewalk is not in the correct location and the monument sign encroaches into
the street easement. In addition, the type of trees proposed does not conform with the standards
currently being considered by the Commission for the S.H. 121 Corridor.
Mr. Chavez stated that staff recommends approval subject to the following stipulations:
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Planning & Zoning Commission Meeting: 1-23-96
Provide the required twenty (20) foot wide landscape buffer;
seventy-five (75%) percent of the proposed trees will be Live Oaks; incorporation of berming
in conjunction with the proposed shrubs;
relocated monument sign out of the ten (10') foot street easement; and.
relocate the sidewalk to new right-of-way line.
There are additional administrative stipulations required on the site plan as recommended by staff.
Mr. Tom Cravens, P.E., of the Benchmark Group and representing the applicant, advised that the site
plan had been revised to include staff stipulations.
Commissioner Crocker asked if Hunter & Associates, consulting engineers for the city, had reviewed
the recommendations, to which Mr. Chavez replied that they had.
Discussion regarding the fire lane ensued. Mr. Cravens advised that the paving of the fire lane is
required to be completed prior to the Burger King opening for business.
Discussion followed regarding the exterior finishing of the building. Mr. Rich Castello, of R. G.
Kolony 121, Ltd., stated that the building would be white brick with a gray trim and that the
screening wall around the dumpster would be the same. He further advised that representatives of
the Colony Plaza had accepted the design to conform with the rest of the development.
Motion to recommend approval of the site plan, subject to staff stipulations - Commissioner
Crocker; second - Commissioner Agnew. The motion carried with the following roll-call vote:
Commissioner Crocker - Aye; Commissioner Hubbard - Aye; Commissioner Agnew - Aye;
Chairman Swerdioff- Aye. Vote (4-0)
3B. 01-96PP1 The Water's Edge Addition, Greg Edwards: A request for approval of a
preliminary plat for a 46 lot single family residential subdivision, on a 27.054 acre tract of
land located west of F.M. 423, north of Haven Hills Drive, and more specifically, west trw.
Shore Drive, in unincorporated Denton County, but within the city's extraterritorial
jurisdiction (ETY).
Chairman Swerdloff advised that several Citizen Input sheets had been turned in with regard to this
item, however, he would let staff and the applicant make their presentations prior to hearing from
the residents.
Mr. Chavez addressed the Commission, stating that the applicant is requesting approval of a
preliminary plat for the Water's Edge Addition, a "gated" community, which includes an alternate
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Planning & Zoning Commission Meeting: 1-23-96
route of Ethridge Drive, relief from alley requirements and relief from side and rear entry garage
requirements. Further, the proposed 46 lot subdivision is located in Denton County, west of F.M.
423, adjacent to the city's' west city limit line and within the City's extraterritorial jurisdiction (ET J).
Mr. Chavez advised that state statutes allow municipalities to apply subdivision regulations and
design standards within the municipality's ET J, in accordance with an ad, opted ordinance by the
municipality. This is found in Appendix B (Subdivision Ordinance), Section 1 - "Division of Land
to be Under Supervision of the City".
Mr. Chavez further advised that water and sewer lines already exist on the site; there is an eight (8")
inch water main located on one end of the property and a four (4") inch sanitary sewer line which
extends from Augusta Street, across Haven Hills Drive, to the site.
Mr. Greg Edwards, engineer for the development, was introduced.
Discussion followed regarding the city's requirement for alleys. Mr. Chavez stated that very few lots
would be served by alleys, as most were lake front lots, therefore, it is recommended that this
requirement be waived.
With regard to Lot 6 Block B, this is a double frontage lot, which is discouraged by our ordinance
in that it affects set back requirements and staffdoes not recommend this design. Lengthy discussion
followed regarding solutions to this issue, including combining Lots 6 and 7 or making it a common
area.
Mr. Edwards expressed his concern that Lot 6, Block B was too small and they wanted to keep it
open in order that the adjacent property owner would not block the view of the lake and to give
driveway access.
Mr. Edwards further advised that it is anticipated that the Deed Restrictions for this development
would only allow rear or side entry garages, as these are estate lots.
Commissioner Crocker stated that she would still prefer a pocket park on Lot 6.
Commissioner Agnew asked about the lots being perpendicular to the right-of-way. Mr. Edwards
advised that this may be a problem on Lots 6, 7, 11 and 12.
Commissioner Crocker asked if Mr. Edwards had reviewed the comments made by Hal Jones, P.E.
of Hunter & Associates, to which he replied that he had.
Discussion followed regarding access to the site. Mr. Chavez explained that the proposal is to
extend Nervin from August to the property and to provide a turn-around at the gate. The secondary
access is proposed to be at Haven Hills Road and is to be utilized primarily for access for fire and
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Planning & Zoning Commission Meeting: 1-23-96
police protection.
Further discussion regarding the "gating" of the secondary access and the need for a turn-around or
cul-de-sac at this location followed.
Mr. Chavez advised that the other issue is the proposed realignment of Ethridge Drive. Currently
the Thoroughfare Plan conceptually shows the extension of Ethridge to traverse through the middle
of the site. The development is such that the right-of-way dedication and type of roadway required
by the Thoroughfare Plan is extensive and not necessary.
Mr. Chavez further advised that the original intent for the extension of Ethridge is still intact.
In response to concerns raised by citizens, Hal Jones, consulting engineer, assisted in explaining the
realignment of Ethridge with regard to the plat before the Commission and that the developer has
only requested that it be moved off of private property.
Mr. Jones further advised that the City Council had recently discussed conducting a feasibility study
with regard to the extension of Ethridge, or to find an alternate route to provide an additional
ingress/egress from the peninsula.
Mr. Chavez explained that regardless of the alignment, the acquisition of right-of-way would still
be required, as well as the city incurring costs to build the road.
Lengthy discussion regarding ingress/egress on the Stewart Creek Peninsula followed.
The projected traffic impact per day from the development would be 430 trips per day; based on the
46 lots, 5 trips in/5 trips out - for a total of 10 round trips. Discussion continued regarding the traffic
to be generated by the development of Water's Edge.
At this time, Chairman Swerdloff permitted citizen's in attendance to speak.
· Mr. Curtis Miller, 4168 Ballard Trail, The Colony TX.: Mr. Curtis stated his opposition to
the extension of Ethridge due to the location.
Chairman Swerdloff explained that the extension of Ethridge was not a part of this plat and that it
has already been approved on the city's Thoroughfare Plan.
· ' Ms. Patty Beattley, 4148 Ballard Trail, The Colony TX: Ms. Beattley stated her opposition
to the extension of Ethridge.
· Mr. Tony Boozer, 7124 Galloway, The Colony TX: Mr. Boozer stated his opposition to the
extension of Ethridge due to lake front property.
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Planning & Zoning Commission Meeting: 1-23-96
· Ms. Bernetta Henville-Shannon, 4156 Ballard Trail, The Colony TX: Ms. Henville-Shannon
stated her opposition to the extension of Ethridge. Ms. Henville-Shannon stated that in the ten
years she had lived on Ballard Trail, she had seen the area where the proposed extension to be
located underwater. Further the logistics of building the road would be very costly. In addition,
she expressed her concern over the traffic impact and the effects on ag, d with the elementary
school on Ethridge at Newton. Ms. Henville-Shannon expressed her displeasure at not having
received notice of the extension or this agenda item.
· Mr. Arthur McCarthy, 7120 Galloway Court, The Colony TX: Mr. McCarthy stated his
opposition to the extension of Ethridge, citing the peacefulness of the area and little if no traffic.
All citizens expressed concern over additional traffic being "funneled" through Lakeway Estates in
the Ballard Trail/Galloway area and the aesthetics of a roadway in this area by the lake. Although
most agreed that another ingress/egress on the peninsula was needed, it was asked that the city
consider another route.
Mr. Chavez explained that the alignment and extension of Ethfidge Drive first appeared on the
Thoroughfare Plan in 1989.
Commissioner Agnew asked how or if approval of the preliminary plat would have an affect on Mr.
Jones' conducting a feasibility study for the extension of Ethridge Drive.
Mr. Chavez replied that it would have none.
Further discussion regarding Lot 6, Block B and two points of access was held.
Motion to recommend approval of the preliminary plat subject to staff stipulations, and
amended to include a full service, gated access at Haven Hills to provide two points of access
with a turn-around cul-de-sac - Commissioner Agnew; second - Commissioner Crocker.
Motion carried with the following roll-call vote: Commissioner Crocker - Aye; Commissioner
Hubbard - Aye; Commissioner Agnew - Aye; Chairman Swerdloff- Aye. Vote (4-0)
4. OTHER BUSINESS
Discussion was held regarding the required attendance of Commissioners and the importance of
citizen representation on the Commission.
Commissioner Agnew advised that the Commission should go forward to the City Council and
clarify excused and unexcused absences. Further, if letters are generated to a Commission
member regarding their absences, copies should be forwarded to the Mayor and Council.
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Planning & Zoning Commission Meeting: 1-23-96
Mr. Chavez explained that these are volunteer positions and the citizen's offering their time to
fill them is greatly appreciated. A full Commission is needed at this time, especially with the
new development and work being done on the Comprehensive Plan and 121 Corridor Standards.
Chairman Swerdloff concurred.
5. STAFF REPORTS
· Mr. Chavez advised that he had received a memorandum from Mr. Billingsley inviting the
Planning & Zoning Commission on a tour of the property located within the city limits so that
they may become more familiar with the layout.
· Agenda for the 2-13-96 meeting will include a request to amend the zoning for the Garza Little
Elm Lake Estates subdivision, which is initiated by city staff.
· Meetings for February will be held on 2-13-96 and 2-27-96.
· Mr. Chavez advised that he would be meeting with Hal Jones and J.T. Duncan on 1-24-96 to
discuss the progress of the Comprehensive Plan budget.
With no further business, the meeting was adjoumed at 9:~ ~
~l'~v ~dloff, Chai~n~
ATTEST: '/
Sharon E. Sebera~ Recording Secretary
Page 6
MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION
MEETING HELD ON
FEBRUARY 13, 1996
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 13th day of February 1996, at City Hail with the following
members present:
Place $ Vacant
Diane Whitlatch Present
Place 5 Vacant
Steven Swerdloff Present
Barbara Crocker Present
DeVille Hubbard Present
Joe Agnew Present
also in attendance were Sam Chavez, City Planner and Monica Nance, Intern. With five (5) members
present, a quorum was established and the following items were addressed:
2. MINUTES
Motion to approve the minutes of the meeting held January 16, 1996, as presented -
Commissioner Crocker; second - Commissioner Agnew. Motion carried with a unanimous
vote of the Commissioners present.
3. CITIZEN INPUT
None.
ITEMS FOR CONSIDERATION:
4. 02-96FP1 Calvary_ Temple Addition, Rev. Thomas K. Jackson: Approval ora finai plat of
the Calvary Temple Addition presently zoned (SF) Single-Family P, esidentiai District. The 4.738
acre site is located at the southeast intersection of Blair Oaks Road and Clover Valley Drive.
Mr Chavez addressed the Commission, stating that the applicant is requesting approvai of a final plat
for the Calvary Temple Addition. The site has never been platted, therefore, the platting process was
triggered as a result of the applicant's proposed new construction, being case No. 02-96-SUP1.
Further, Mr. Chavez advised that the finai plat provides for the dedication of a right-of-way along
Clover Vailey, in accordance with the Thoroughfare Plan.
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Planning and Zoning meeting- 2-13-96
Mr. Chavez stated that based on staff's review, the final plat conforms with the city's Zoning and
Subdivision Ordinances.
Brief discussion followed.
Motion to recommend approval of the final plat, subject to staff stipulations - Commissioner
Agnew; second - Commissioner Hubbard. Motion carried with the following roll-call vote:
Commissioner Crocker - Aye; Commissioner Hubbard - Aye; Commissioner Agnew - Aye;
Chairman Swerdloff- Aye (40).
PUBLIC HEARINGS
5. 02-9651fP1 C~dvary Temple Addition. Rev. Thomas K. Jackson: Approval of an amendment
to Specific Use Permit 2 (SUP2) and site plan approval for a church. The 4.738 acre site is
presently zoned (SF) Single Family Residential District with a specific use permit for a church and
is located at the southeast intersection of Blair Oaks Road and Clover Valley Drive.
Chairman Swerdloff opened the Public Hearing.
Mr. Chavez stated that the applicant is requesting approval of an amendment to SUP-2 and site plan
approval for a church. Special Use Permit 2 was approved by the City Council in 1980, however,
a site plan was never submitted. Therefore, based on the applicant's desire to construct an additional
11,700 square foot structure and the requirement of the city's Zoning Ordinance for site plan
submittal for specific use permit requests, the applicant has submitted a site plan for consideration.
Mr. Chavez explained that staff had reviewed the applicant's site plan and had comments relating to
the new proposed drive, required parking, and traffic impact.
It is staffs recommendation to have the applicant submit a traffic management plan or eliminate the
proposed driveway on Clover Valley and provide a second driveway onto Blair Oaks.
Mr. Gerald Perry, representing Calvary Temple, addressed the Commission stating that the site plan
had been revised with regard to the proposed driveway and they are currently working on the
required parking and traffic impact issues.
Mr. Perry advised that there are now two (2) driveways on Blair Oaks, and that the additional drive
on Clover Valley could be designated for a staff parking lot only. In addition, with the revisions that
had been made, parking spaces had increased.
Mr. Perry exhibited a rendering of the site plan.
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Planning and Zoning meeting- 2-13-96
Lengthy discussion followed regarding the parking requirements and overflow parking on Clover
Valley. Mr. Chavez suggested that should overflow parking occur on Clover Valley, the city could
post "No Parking" signs. It was noted that if this done in front of the residential homes, the residents
would not be able to park on Clover Valley either.
Discussion regarding further expansion ensued. Commissioner Crocker noted an area east of the new
building for future expansion.
Chairman Swerdloff opened the floor for discussion.
· Ms. Suzie Dennis, 5017 Clover Valley, The Colony TX: Ms. Dennis expressed her concerns
over the expansion. Specifically, the current church had never contacted the surrounding
residents and informed them of outdoor activities that were planned (music festivals, etc.). Traffic
fi.om the church is already a problem, including the buses exiting onto Clover Valley. Ms. Dennis
expressed her concern over how these already existing problems would be impacted if the church
was allowed to expand.
Further discussion regarding parking and the additional drive on Blair Oaks followed.
Commissioner Agnew inquired about requiring the buses to leave via Blair Oaks. Mr. Chavez
suggested posting a "No Exit" sign at the existing driveway on Clover Valley and posting "No
Parking" signs on the south side of Clover Valley.
· Mr. John Martin, 5025 Attebury, The Colony TX: Mr. Martin asked for the word
"sanctuary" to be clarified. He stated that the definition of sanctuary included half-way houses
and asked if the church had planned on implementing one.
Mr. Jackson advised that the church had no intentions at this time for a half-way house.
Commissioner Crocker asked if Mr Martin had experienced any traffic problems, to which Mr. Martin
replied no and that there was an eight (8) foot fence between his lot and the church.
Motion to recommend approval of the SUP subject to staff stipulations, and to close the Public
Hearing - Commissioner Hubbard; second - Commissioner Whitlatch. Motion carried with
the following role call vote: Commissioner Whitlatch - Aye; Commissioner Crocker - Aye;
Commissioner Hubbard - Aye; Commissioner Agnew - Aye; Chairman Swerdloff- Aye (5-0).
6. 02-96Z1, Garza Little Elm Lake Estates/City of the Colony: Approval of an amendment to
Planned Development 1 and 2 to allow front entry garages to be constructed on residential zoned
property, and a change in zoning of Lot 23, Block 6 to the (LC) Light Commercial District and Lot
13, Block 5 to the (GR) General Retail District. The subject area is located on the west side of FM.
423/Main Street, Lake Lewisville and W. Lake Highlands.
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Planning and Zoning meeting- 2-13-96
Chairman Swerdloff opened the Public Hearing, requesting staffs presentation be heard first.
Mr Chavez addressed the Commission stating that this request had been initiated by the City of The
Colony to amend and rezone portions of the Planned Development I and 2 by (a) allowing the
construction of front entry garages on all residentially zoned property.
Mr. Chavez stated that the city's zoning ordinance requires side or rear entry garages to be
constructed on all single family units in The Colony. Further, he stated that this is a unique
subdivision in that it was platted with typical fifty (50) foot wide lots and no alley. The platted lot
width, the required side yard setbacks, the absence of alleys and driveway construction standards has
made it difficult or impossible to construct a side or rear entry garage on the lots.
Mr. Chavez advised that the second portion of this zoning amendment request is to rezone Lot 23,
Block 6 to the (LC) Light Commercial District and Lot 13, Block 5 to the (GR) General Retail
District. Theses lots are currently zoned (SF) Single Family.
Mr. Chavez stated that the proposed rezoning will provide viable commercial and retail depths on the
lots along Main Street. Further, he explained that although the proposed zoning does encroach into
the adjacent residential areas to the west, the addition of these lots increase the availability of property
to be developed for commercial and retail purposes along F.M. 423/Main Colony.
Mr. Chavez further explained that typical sizes for viable commercial/retail pad sites are 150' wide
x 200' deep. Currently, the lots along Main Street adjacent to the lots proposed to be rezoned are
124' deep and 133' deep. If Lots 13 and 23 were rezoned to(LC) Light Commercial and (GR)
General Retail, it would provide greater depth along Main Street for a viable commercial
development by increasing the depth to 169' and 165', respectively.
Mr Chavez stated that in order to mitigate the impact of commercial/retail development on
residentially zoned property, any new commercial/retail development will re required to construct
screening walls.
Mr Chavez stated that statfrecommends approval of this request to amend the Planned Devdopment
1 and 2 to allow the construction of front entry garages on all residential lots and the rezoning of Lot
23, Block 6 and Lot 13, Block 5 to the (LC) Light Commercial District and the (GR) General Retail
District, respectively.
Chairman Swerdloff opened the floor to discussion at this time.
· Mr. Glenn Wade, 4627 Lake Park, The Colony, TX: Mr. Wade stated that people have great
concerns of rezoning residential to commercial, stating that there was not enough useable land
on Lot 13. Ordinance #529 states that the city council can determine to change the zoning - Mr.
Wade's concern is that the city can rezone property at any time. He also stated that he is
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Planning and Zoning meeting- 2-13-96
concerned about code violation and asked if this zoning changes, can violations be enforced? He
stated that a garage was built on Lot 23, and while it is not used now as a commercial business,
the owner had in the past. He asked to be assured that the problems experienced would not
continue as they had in the past.
· Mr. Clyde Tinkle, 7633 North Shore, The Colony, TX: Mr. Tinkle stated his concern with
the rezoning of Lot 23, was that this was a residential area and there were homes across the street
and next door to this lot. Further, he stated that the city currently has an excess of light
commercial property. Mr. Tinkle advised that he is against this request, it should be lef~
residential and not rezoned.
· Mr Robert Carnerio, 4632 Lake Park, The Colony, TX: Mr. Camerio advised that he is in
favor of the rezoning because the owner of Lot 22 had been using this property anyway. Mr.
Carnerio advised that he owns Lot 24 and 25, and that he has worked on personal cars on this
property.
· Ms. Shirley Wade, (Lots 19 & 20, Block 5) Lake Park, The Colony TX: Ms. Wade advised
that she was concerned that the natural lake would be filled in to make things more "viable" and
it would force the children to play in the streets even more, since there was nothing for then to
do anyway and there are not sidewalks. She stated that there is no light at the intersection of
Lake Park and Main Street and is concerned about the traffic impact. Further, she sated that it
seems the city just pushes this area to the side because of those people who have bought property
and now rent it out.
· Ms. Wilma Avey, 7502 Lakeland, The Colony TX: Ms. Avey stated that what is proposed
would increase traffic on a street that already has a "blind" comer. She further stated that she
opposes the rezoning if it happens; keep the commercial in the shopping centers. Ms. Avey said
that she is not opposed to the front entry garages.
· Mr. Richard Kamen, 7508 Lakeland, The Colony TX: Mr. Kamen stated that he is opposed
to more commercial and could not understand why the city was proposing this rezoning. He
further stated that barriers for commercial are not in place now would like for the property to stay
zoned as is.
· Ms. Brenda Yarbough, 4813 Branchhollw, The Colony TX: Ms. Yarbough stated she owns
Lot 46 in Garza Little Elm Estates and that there are plenty of empty shopping spaces in The
Colony. Further, a wall between all commercial and residential properties should be in place now.
She stated that businesses need to go to the existing empty spaces.
· Ms. Elizabeth Talley, Lakeland Drive, The Colony TX: Ms. Talley stated that she had been
a resident of the Colony for 10 years and had moved to "Eastvale" area because it was older and
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Planning and Zoning meeting- 2-13-96
quite. She stated that there are already two 7-Elevens, 3 Stop-n-G-o's and 4 shopping centers.
She further stated that she does not understand why we have to wait for a bond election to
replace the streets and water system - need fire hydrants now. Ms. Talley advised that there are
state funds available to address these needs and that the city needs to look at these prior to doing
anything else.
· Ms. Elizabeth Carnerio, 4632 Lake Park, The Colony TX: Ms. Carnerio advised that she is
owner of Lots 23,24, 25 and 26 and does not have a problem with the rezoning request in order
to bring property up to code. She advised that she does not intend to build commercial on this
site. There is presently a garage on this lot and they will continue to maintain this property as it
is he "back yard". Ms. Camerio showed the Commission pictures of properties she felt were in
violation of city codes. She advised that she had complained about a motor home that someone
is living in and nothing seems to be done about it. Ms. Carnerio also showed pictures of her lots
bordering the commercial property.
Mr. Chavez explained that staff looked at the characteristics of viable development, and at the
existing characteristics of the lots which were akeady zoned commercial which in staffs opinion does
not lend itself to adequate development depth. Any new development would be required to have
screening. This request was based on planning principle alone and not at the request of a property
owner.
He stated that the comments were correct, in that there is no screening now, however, the businesses
currently are grandfathered and are vested.
Mr. Chavez further stated that should this zoning request be approved, appropriate parking, paving,
landscaping and screening - according to our ordinance standards would be required and enforce.
With regard to elimination of the pond on Lot 13, Mr. Chavez said he could not answer whether it
would or would not be allowed to happen. Should a developer want to build, the pond would be
addressed at that time.
Mr. Chavez advised that new conunercial development would be required to put in sidewalks.
In summary, Mr. Chavez added that this is a simple request in order to provide more depth on the
comer lots. With reference to code enforcement, Mr. Chavez stated that there is one (1) code
enforcer for the city and that position covers 16 sections. He then explained the process, including
that the last course of action is the issuance of a citation. If the citation is paid, and the problem
remains, the process continues.
The need for fire hydrants and street improvements were addressed and the audience was informed
of the plan for these to be included in an upcoming bond election.
Page 6
Planning and Zoning meeting- 2-13-96
Mr. Chavez advised the audience that the City Council is aware of their problems and are concerned.
Length discussion followed regarding all issues.
Commissioner Hubbard asked if it would be a problem to withdraw the zoning request for the
commercial property since it was initiated by the city? Mr. Chavez replied that it would not.
Ms. Shirley Wade asked that we upgrade the residential in this area first, not the commercial.
Further discussion ensued.
Commissioner Whitlatch stated that some of the concerns expressed about activities for the children
had been addressed by the Parks & Recreation Department and Rec. Center.
Mr. Carnerio suggested everyone working together to clean up Lots 13 & 14, purchasing the
property and developing a park.
Commissioner Agnew advised that when The Colony consolidated with this area and when public
hearings were held regarding the sewer line there were many concerns. He expressed his appreciation
for these citizens to come before the Commission at this time and be involved.
Lengthy discussion regarding needs being addressed through Comprehensive Planning studies and
the need for this group to work together and speak to their council representatives.
Mr. Lowell Baird, 4631 Dflce Par, The Colony TX: Mr. Baird asked if the city would become liable
for lost property values if this zoning was Approved? In addition, he lives adjacent to the property
being proposed commercial. His bedroom is on that side of the house and there is already a problem
with noise in the middle of the night from this area.
Mr Chavez advised that all have the same goal, which is to clean up and take care of what we
currently have and will be coming in.
Motion to recommend approval of the request to amend the zoning ordinance to allow front
entry garages and to close the Public Hearing - Commissioner Agnew; second - Commissioner
Hubbard. Motion carried with the following roll call vote: Commissioner Whitlatch - Aye;
Commissioner Crocker - Aye; Commissioner Hubbard - Aye; Commissioner Agnew - Aye;
Chairman Swerdloff- Aye (5 - 0).
Mr. Chavez advised that this item would be scheduled to be presented to the City Council on March
18, 1996.
Chairman Swerdioff called for a recess: 9:28
Page 7
Reconvened: 9:40
7. OTHER BUSINESS
a. Final draft submittal of the S.H. 121 Corridor Development Standards.
Mr. Chavez advised that the final draft was complete and staff would be contacting the property
owners, mailing them a copy of the standards and establish a work Session on 2-27-96. Staffwould
also include the owners of the Crow-Billinglsey property. Once this review is complete, staffwill
formally submit an application.
b. Establish date for Planning and Zoning Commission Orientation
Mr. Chavez advised that the City Council has not appointed new Commissioner and interviewing will
continue. Therefore, COG training sessions and the orientation have been postponed until a full
Commission is seated.
Commissioner Whitlatch stated her strong desire to receive and orientation as she did not know all
the procedures. In addition, there are issues before the Commission that have not been complete and
she felt the need to be properly equipped to handle them.
*Chairman Swerdloff advised that the yearly report remains to be completed and he expressed his
desire to have it ready to present to Council.
8. STAFF REPORTS
* City Council approve the Burger King site plan, contingent upon the state's approval of the
driveway permits.
* Commissioner Agnew stated that we may need to include TxDOT in the review of the S.H. 121
Corridor Standards.
* Discussion regarding the amendment of the Thoroughfare Plan and progress of the Comprehensive
Plan. Mr. Chavez advised that all the elements have been pulled together and he is awaiting a cost
figure from J.T. Duncan.
With no further business, the meeting was adjourned at 10:30 p.m.
Page 8
AIWEST:
Sharon E. Sebera, Recording Secretary
Page 9
MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION
MEETING HELD ON
FEBRUARY 27, 1996
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 27th day of February, 1996, at City Hall with
the following members present:
Place 1 Vacant
Diane Whitlatch Present
Place 5 Vacant
Steven Swerdloff Absent
Barbara Crocker Present
DeViile Hubbard Present
Joe Agnew Present
also in attendance were Sam Chavez, City Planner and Monica Nam;e, Planning Intern. With
four (4) members present, a quorum was established and the following items were addres~cl:
2. MINUTES
Motion to approve the minutes of the meeting held January 23, 1996 - Commissioner
Agnew; second - Commissioner Hubbard. Motion carried with a unanimous vote of the
remaining members.
3. CITIZEN'S INPUT
None
4. OTHER BUSINESS
a. S.H. 121 Development Standards Worksession with staffand p~perty
owners.
Property owners/representatives in attendance: Rob Farrell, Roger Seifix, Tom Cravens, Paul
Tapscot, Shula Netzer, Don Black-wood. Marcie Diamond of Ferrara Architects was also in
Mr. Chavez gave a brief overview of the intent of the standards and the role of the propeny
owners. The representatives were advised that the standards are typical of those found
throughout the metroplex, and that they addressed such things as site design, building design,
screening, landscaping, glare and illumination and traffic standards.
Mr. Chavez stated that staff and Commission members has been working with Marcie
Diamond of Fen'era Architects since November, 1995. To date, no formal action had been
Planning & Zoning Commission: 2-27-96
taken by the Planning & Zoning Commission or the City Council. Mr. Chavez explained that
it was the Commission's and staffs desire to receive input from the property
owners/representatives prior to doing so.
Ms. Netzer expressed her concern that Ferrara Architects had been chosen to work with the
city on this project and felt that it was a conflict of imerest due to theft involvement with the
Dal-Mac zoning. In addition, she expressed her surprise that standards were even being
considered.
Ms. Diamond addressed the conflict of interest, stating that the zoning was already in place
when work on the S.H. 121 Corridor Standards began.
Mr. Chavez explained that the City Council and the city's attorney had determined that a
conflict of interest did not exist by hiring this firm.
Mr. Blackwood asked if the Crow-Billingstey property was included in this corridor?.
Mr. Chavez advised that possibly a small portion, however, staff felt the property owners
should be included in this process as it may have an affect on their development as it is directly
adjacent to their property.
Lengthy discussion followed regarding the concerns of the representatives that standards were
going to be adopted for this corridor. Many of the representatives expressed their concern
that they had not had the opportunity to have their experts review the document.
Ms. Netzer stated that by placing more restrictions, developers would avoid this corridor.
Mr. Chavez explained that the development at the northeast comer of S.H. 121 and F.M. 423
already contained most of the standards addressed in the document and that the developer had
agreed to them.
Mr. Farrell and Mr. Blackwood stated that the positive aspect is that there were only five or
six owners to coordinate with. Appreciation to a professional and cooperative city staff was
expressed.
It was explained to the representatives that these were standards, guidelines not
requirements.
Lengthy discussion followed regarding the contents of the standards and the concerns of the
representatives.
Mr. Farrell sugges-~ed utilizing seasoned developers (builders) in various the zoning areas to
review the standards for their comments.
2
Planning & Zoning Commission: 2-27-96
It was the consensus that staff and property owners alike had the ~arne goals; to maintain the
quality of this corridor.
Commissioner Agnew explained that one of the aspects looked at by the Commission is that
this is the city's one "window" to the world and they wanted to make it as attractive as
possible. In addition, it was felt that the city needed to work in partnership with the
developers.
Discussion followed regarding the need for flexibility in the standards, and yet be competitive.
The representatives expressed the fact that they place their own restrictions on potential
development and they did not want to "scare" potential opportunities offby even more.
Commissioner Agnew advised that what the city was looldng for was some type of
commonality along this corridor, such as street standards, utilization of "City by The Lake",
etc. He added that these are recommendations, not restrictions.
Mr. Farrell suggested forming teams consisting of an architect, engineer, planner and builder
that have expertise in each zoning category to review the standards and forward their
comments. Lengthy discussion followed.
Mr. Blackwood asked what would happen in the interim if something comes before the
Commission?
Mr. Chavez replied that it would continue through the same process as always, noting the
standards placed on the Planned Development along this corridor and that they comply with
what the city is requesting in the standards.
In addition, Mr. Chavez explained that from a staff standpoint, the city is trying to stop
reinveming the wheel each time a Planned Development goes through the site plan process for
this area.
Further discussion ensued.
Commissioner Agnew advised that he had no problem having the "teams" review the
standards, however, a reasonable time frame needed to be established.
Vice-Chairman Crocker advised that this is a step towards amending the city's Comprehensive
Plan.
It was suggested to change "standards" to "guidelines".
Ms. Diamond advised that the City of Allen had similar guidelines and will contact them to see
what kind of reaction developers had when they were put out on the market.
Planning & Zoning Commission: 2-27-96
Discussion resumed regarding the developer's own restrictive standards.
Further discussion regarding the requirement of "water features" ensued.
The team concept to review the standards was established - with Rob Fan'eH to supply the
team for the Retail District; Shula Netzer - Industrial; Roger Selfix - Office and JNC -
Residential.
A tentative date to come back before the Commission was set for the last meeting in March or
first meeting in April.
Recess: 9:05
Reconvene: 9:25
b. Worksession with JNC (DM-Mac Property) on proposed zoning and
Thoroughfare Plan Amendment
Mr. Bill Sheveland, representing JNC Enterprises, Ltd., addressed the Commission advising
that the reason the worksession is a result of Frisco's deletion of North Colony crossing the
railroad tracks, which affects the zoning that is currently in place.
Mr. Sheveland advised that the proposals before the Commission were conceptual and that a
particular zoning request had not been formulated.
Mr. Sheveland went on to say that L.I.S.D. and other involved parties had been contacted for
their input regarding the possible amendments and/or changes.
The new plan to be discussed will bring South Colony south to connect with S.H. 121. In
addition, it reflects the relocation of the Multi-Family zoning from the southeast corner of the
property, abutting the railroad tracks, to the middle of the property - between South Colony
and Momingside Drive.
Mr. Sheveland advised that the location of the Multi-Family adjacent to the railroad tracks, in
his opinion, would only attract a "two-tier" - lower quality, apartmem builder.
In addition, he stated that a Light Industrial type of zoning in this area would attract vendors
for the Legacy Park development. He does not foresee rail access as an issue.
Mr. Sheveland further advised that the intent is to design the standards for the Light Industrial
in a way that this area can be converted to an Office use in the future.
At this time, Mr. Sheveland stated that the property owner needed guidance from the city with
regard to the Residential District; interest has been shown in the smaller lots.
4
Planning & Zoning Commission: 2-27-96
Discussion followed regarding the percentage of build-out as it relates to the extension of
Memorial Drive and other thoroughfares on this property.
Lengthy discussion ensued with regard to the realignment of the roads and the location of the
Multi-Family District. Consensus was that a green belt or jogging trail from the proposed
park through the northern portion of the Multi-Family, to separate it from the Single-Family
District would be beneficial.
After further discussion, it was the Commission's consensus that all changes were applicable.
Mr. Chavez advised that the next step would be for the property owner to formally apply for
the amendments.
In addition, Mr. Chavez stated that there is a need to remove the bonus densities from the
Multi-Family Districts and apply requirements through the Planned Development zoning.
$. STAFF RI~I'ORTS
· Mr. Chavez advised that the City Council did not appoint new members to the
Commission at their last regular session.
· The City Manager, Mr. Chavez and J.T. Duncan are scheduled to meet to discuss the
costs and direction for the Comprehensive Plan.
With no further business to discuss, the meeting was adjourned at 10:15 p.m.
Barbara Crocker, Vice-Chairman
ATTEST:
Sharon E. Sebera, Recording Secretary
Planning and Zoning Commission: 3-12-96
MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION
MEETING HELD ON
MARCH 12, 1996
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 March, 1996, at City Hall with the following members
present: ,
Place 1 Vacant
Diane Whitlatch Present
Place 5 Vacant
Steven Swerdloff Present
Barbara Crocker Present
DeVille Hubbard Present
Joe Agnew Present
also in attendance were Sam Chavez, City Planner and Monica Nance, Planning Interti. With five (5)
members present, a quorum was established and the following items were addressed:
2. MINUTES
Motion to approve the minutes of the meeting held February 13, 1996 - Commissioner Agnew:
second - Commissioner Crocker. Motion carried with a unanimous vote of the remaining
members.
3. CITIZEN'S INPUT
None
4. OTRER BUSI~IESS
a. Submission of the updated 1995 Planning and Zoning Commission Goals and
Objectives.
Mr. Chavez addressed the Commission stating that the Goals and Objectives have been updated fi-om
the previous update made in December of 1995.
Mr Chavez explained that most of the eight (8) short term goals identified have been accomplished.
Those that have not (Planning and Zoning Commissioner Handbook, ethical guidelines for
Commissioners attending Council meetings and assisting in the preparation of Residential
Development Standards) have been basically placed on hold due to other priorities.
Page 1
Planning and Zoning Commission: 3-12-96
Each goal was then addressed separately. Brief discussion was held regarding the ethical standards
for Commissioners addressing the City Council. It was determined that this could be included in the
handbook, rather than addressed as an ethical issue,
Further discussion regarding the Goals and Objectives established in March of 1995(copy of update
attached and made a part of the minutes).
Mr. Chavez advised that the Commission should start formulating goals and objectives for the year
1996.
Mr. Chavez further stated that.be is currently working on the Commission's annual report to the City
Council.
b. Staff update on the status of proposed ordinance amendments:
1. Landscape Ordinance/Tree Preservation
2. Day Care Centers ~-
3. Home Occupations
4. Sign Ordinance
5. Zoning Sign Ordinance
6. Zoning and Subdivision Ordinance (Appendix A and B of the Code of
Ordinances)
Mr. Chavez stated that Monica Nance has been working on the revision to several ordinances at the
direction of the City Council.
Mr. Chavez advised that the Landscape Ordinance needs amending with regard to the "point
system" due to the difficultly in interpreting and enforcing said ordinance. This ordinance is near
completion and includes changing the caliper of a protected tree from 18" to 10".
Discussion followed regarding the application of the ordinance to commercial, residential,
undeveloped land, etc. It was determined that reference to removal of a protected tree in a new
development, rather than residential or non- residential, was preferred.
Brief discussion followed.
Day Care Centers: Mr. Chavez explained that these are usually considered home occupations,
however, there are several problems with the way they are or are not addressed in the city ordinances.
He went on to explain that one conflict is that they do generate traffic, which by definition a home
occupation does not allow.
Another area of concern is that the city's criteria regarding day care centers conflicts with State law.
Lengthy discussion ensued regarding the regulation of day care centers by the state.
Page 2
Planning and Zoning Commission: 3-12-96
Mr Chavez explained to the Commission the state's definition of registered family homes, in-home
care and day care centers, and his intent to require a specific use permit for a "day care" keeping
seven (7) or more children.
Discussion followed regarding the number of children to be kept to warrant a specific use permit and
a licensing fee.
Mr. Chavez explained that his intent is not to have the city "police" the in-home day care centers,
however, we have large commercial uses in residential zoning districts.
An annual inspection by the Fire Department to check for extinguishes, smoke alarms and CPR
training was suggested.
Lengthy discussion was held.
Home Occupation: Mr. Chavez explained that currently the home occupations are identified only
by definition in the city's Code of Ordinances, and basically restricts anything that g~nerates traffic.
This ordinance will more clearly define a home occupation.
Sign Ordinance: Mr. Chavez stated that this ordinance is being revamped by adding language to
bring it up-to-date.
Zoning and Subdivision Ordinance:. Mr. Chavez explained that his goal is to reformat the current
ordinance and to remove it fi.om codification.
He further stated that once the zoning ordinance has been reformatted, it will be reviewed for
amendments.
5. STAFF REPORTS
Mr. Chavez advised that a preliminary plat has beerl,,scheduled for the next Planning and Zoning
With no further business, the meeting was adjourl ~(~ ~~,,~ f/l/~]/~//~ '~
'~t'e~ ,n ~ralo~: C~ah'rnan
ATTEST:
Sharon E. Sebera, Recording Secretary
Page 3
PART III
1995 GOALS AND OBJECTIVES
In March of' 1995, the Commission established its Goals and Objectives which were to be
accomplished during the year. The Commissions' 1995 Goals and Objectives were as follows:
Original: 03/21/95, (Up~d~::. ~5~.~ ..~
(UPDATE: 12/29/95), ~
SHORT TERM GOALS {30-90 DAYS)
Develop Planning and Zoning Commissioner Handbook. (in progress) (ONHOt~D)
-Mission Statement -Codes of Conduct -Ethics
-Responsibilities -Procedures -Protocol
Develop procedures, for zoning and subdivision text changes (LANC?.nCE ALRZAX~Y
EXISTS IN ZONING ORDINANCE PERTAINING TO TEXT AME~MENTS)
Assist in the preparation of Residential Development Standards (staff compiling info)
(ON HOLD DUE TO OTHER PRIORITIES)
Assist in the preparation, of the SH 121 Corridor Development Standards (staff and
consultant have met, will be conducting joint visioning session W'.t_t~ C~ounct'! and
Commission) {2ND DRAIVr SUBMI~~O~~~
Im lement zonin cb. an e r uest si a e re uirements (estimated cost $250) ~
Place Planning and Zoning Commission Meeting Agendas on cable (completed as of
March 28, 1995)
[~l Establish ethical guidelines for Planning and Zoning members attending City Council
meetings (can be addressed in handbook) (ON HOLD)~
Present the Planning and Zoning Commission's Goals and Objectives to City Council
(presented to Council at City Council budget retreat: March 25, 1995)
4
MEDIUM RANGE GOALS (1 YEAR)
Adoption of an amended Thoroughfare Plan (adopted May 3, 1995)
Development and implementation of an Interim Land Use Plan (Sco~t: OF SERVICES
COMPLET[D BY STEERIN~ COMMITTEE)~:
hmigmion'ofoffici~ coruscation Mth the Ci~ of Frisco reg~d~g N. Colony Blvd.
(ACCOMPHS~ED m ~ ~AGER ~ND ~YOR COnSCiENCE
Update ~d mend.Ihe Impact Fee Ordinance O&e~d
~ss ~d mend (~n~), alternates and tern ~tatio~~
Pr~nmfion of the Piing ~d zomg Comssion's ~u~ Report to the Ci~ ~uE~il
LONG RANGE GOALS (MORE THAN 1 YEAR)
121 Development and implementation of a Comprehensive Lan~.U~se Plan (scoez o~ SZRWC.V,S
As of December 1995, approximately 70 percent of the Commission's goals have been initiated or
completed.
MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION
MEETING HELD ON
MARCH 26, 1996
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 26th day of March, 1996, at City Hall with the following members
present:
Place I Vacan~
Diane Whitlatch Absent
Place 5 Vacant
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 four
(4) members present, a quorum was established and the following items were addr~sed:
2. MINUTES
Motion to approve the minutes of the meeting held February 27, 1996 - Commissioner
Crocker: second - Commissioner Hubbard. Motion carried with a unanimous vote of the
remaining members, with Chairman Swerdioff abstaining.
3. CITIZEN'S I~PUT
None
4. ITEMS FOR CONSIDERATION
03-96PP1 Ridgcpointe Phase 2/Tom Cravens, Benchmark Group of Texas: Approval of
a preliminary plat for Ridgepointe Phase 2, currently zoned Planned Development 7 for the (SF)
Single Family Residential District. Located South of Ridgepointe Drive, between F.M. 423 and
the City of Lewisville, north of Office Creek.
Mr. Chavez addressed the Commission, stating that the applicant is requesting approval of a
preliminary plat for Ridgepointe Phase 2. The 121 acre site is zoned Planned Development 7 (PD-7)
for the (SF) Single Family Residential District. The proposed 396 lot subdivision contains typical lot
widths ranging fi-om 50 - 60 feet, average lot depths of 120 feet, for lot sizes ranging fi-om 6,000 -
7,000 square feet.
Mr Chavez stated that the ordinance concerning the Planned Development allows for density transfers
Page 1
Plannln~ and Zonin~ Commizston Meel~ng: 03/26f%
within the development as long as the overall density does not exceed 4 du's/acre or a total of 603
dwelling units. With the exception of Blocks N, O, P and H, the preliminary plat is not designed in
accordance with the development standards for each tract. However, the applicant is utilizing the
density transfer provision of the ordinance while maintaining the maximum density and total number
of dwelling units for the Planned Development. The density of the preliminary plat is 3.25 du's/acre
and the total number of dwelling units, including Ridgepointe Phase 1-A is 509. If approved, the
density for the entire Planned Development is_~3.36 du's/acre. Therefore, the density and total number
of dwelling units are below those approved for the Planned Development. Staff and the City Attorney
have reviewed the density transfer provision in the ordinance and both concur that the preliminary
plat complies with the intent of the density transfer.
Mr. Chavez stated that with ex~:~ption of the items found in staff, stipulations, the plat conforms with
the Zoning, Planned Development and Subdivision Ordinances.
Mr. Tom Cravens of Benchmark Group of Texas, representing the property owners stated that the
land was originally owned by Centex and has been sold to the current landowners. They have revised
the original preliminary plat that was submitted by Centex with a few changes in stri~et patterns and
lot sizes. The developers are ready to start development and will submit a final plat for each stage
of the development. The owners have no objections with staffs stipulations.
Commissioner Agnew stated his concern over the fact that there were 21 more lots than on the
original preliminary plat, the stress on the wastewater plant, and what the lots in Lewisville would
look like.
Mr. Cravens stated that the land in Lewisville will not be developed until it is annexed into The
Colony and that the city is currently in the planning stages of increasing the capacity of its wastewater
plant.
Commissioner Agnew asked who was going to pay for the extension of Standridge and the signal
light at F.M. 423/Main Street and Cougar Alley.
Mr. Cravens stated that Centex has put up a two bonds one to pay for the expansion of Standridge
and the other to pay for the signal light at F.M. 423/Main Street and Cougar Alley.
Discussion ensued about the bonds, the expansion of Standridge and the signal light.
Chairman Swerdloff asked how many lots had Centex built out in Ridgepointe Phase 1-A.
Mr. Cravens stated that approximately 60 out of the 113 lots of Ridgepointe Phase 1-A have been
built out.
Commissioner Agnew stated his concern about the density of the development.
Page 2
PImming and Zoning Commbsion Meeting: 03//6/96
Commissioner Crocker stated her concern about whether there was a need for a [iff station.
Mr. Cravens stated that a preliminary water and sewer study has been done and there would not be
a need for a liff station.
There was discussion about different tracts of park land which had been designated for dedication to
the city in the original preliminary plat and what it could be used for if it was dedicated to the city
again. There were questions conceming whether anything that had been agreed upon such as the park
land dedication would apply after this preliminary plat was approved.
Mr. Chavez stated that with the approval of this preliminary plat the slate was clean of anything that
was agreed upon conceming~the previous preliminary plat. The only things that will apply to this
preliminary plat are fi-om the Planned Development ordinance such as the density caps and the
performance bonds.
Commissioner Agnew stated his concern about the minimum dwelling unit size for tll.e development
which was stated in the Planned Development.
Chairman Swerdloff asked why the homes were smaller than ones that had recently been built in The
Colony.
Mr. Cravens stated that the market has changed and that market prices for the homes would be lower
but they would still meet all of the Planned Development criteria.
Discussion ensued concerning the minimum lot sizes and the density transfer for the area and about
the extension of Standridge.
Commissioner Hubbard asked about the strange configuration of Block K, Lot 8 and if it was a
viable lot.
Mr. Cravens stated that Lot 8 is called a flag lot and it would be a viable lot for development.
There was discussion concerning the lots which back up to a flood plain or floodway and the fact that
front or side entry garages would be allowed on them.
Discussion concerning the land that could be dedicated to the city and who should be required to
maintain it and how that would be stipulated.
Questions were asked concerning the phasing of the project.
Tim House, 5220 Spring Valley Suite 500 Dallas, Texas, one of the current property owners,
explained the proposed phasing of the project. He stated that it would start at the entry on
Page 3
Plannln~ ~md Zoflln~ Commi~ion Meeting: 03/26D~
Standridge and work down the east side of the street and then down the west side of the street. The
actual size of the phases will be determined according to the market demands.
Commissioner Crocker asked about the area of land, east of the property, which had been proposed
to be developed in the previous preliminary plat but was excluded from the current preliminary plat.
Discussion followed about the land in questi~on and its chances for development and why it is not a
part of the current development. "'
Commissioner Agnew asked about the fact that there was not a screening wall proposed for the east
side of the property now which Was different from the previous preliminary plat.
Discussion followed concerning the increased distance of the lot from F.M. 423/Main Street, in
comparison to the previous pre 'hminapj plat and that distance is the reason for eliminating the majority
of the screening wall.
Further discussion about the dedication of 16 acres of land to the City of The Colony~'~and who would
maintain it. Also discussed was 2.8 acres of land for a park and where the it could be located.
Discussion about the drainage plan and how it was different from the one with the previous
preliminary plat.
Commissioner Crocker asked about the hydraulic study and the impacts of it.
Discussion followed concerning engineering matters.
Motion to recommend approval of the Preliminary Plat for 03-96PP1 Ridgepointe Phase 2
subject to staff stipulations and that the developer maintain by mowing for a 4 year period
3 acres out of 16 acres which would be dedicated to the city - Commissioner Crocker; second -
Commissioner Hubbard. Motion carried with the following roll call vote: Commissioner
Crocker - Aye; Commissioner Hubbard - Aye; Commissioner Agnew - Aye; Chairman
Swerdloff- Aye. (4-0).
5. OTHER BUSINESS
a. Discussion of the Planning and Zoning Commission's 1996 Goals and Objectives.
There was discussion concerning the 1996 Goals and Objectives and how it could be rewritten so that
there are specific goals and that objectives be developed to meet the specific goals.
There was discussion about different ways in which to keep the public more informed and involved
in 1996 by possibly having a quarterly planning update printed and sent out to the citizens.
Page 4
Planning and Zoning Comm~ion Meetlnl:
The following three goals were discussed for the 1996 Ooals and Objectives; 1. To improve the communication with the public
2. £stablish Commissioner development and education plan
3. Monitor and update as necessary all city ordinances
b. Submission and Discussion of the draft 1995 Planning and Zoning Commission Annual
Report.
There was general discussion concerning the annual report. There was also discussion about whether
the appointment dates stated in the annual report were correct. The issue of minor plats which are
handled by staff'was discussed also.
Suggestion was made to add the names along with dates of service of who had served in 1995 but
were no longer on the Planning and Zoning Commission. It was suggested that the names of these
individuals be removed from the cover letter to the City Council.
5. STAFF REPORTS
Mr. Chavez stated that he is preparing a memo to go to the City Council concerning the estimated
cost and status of the Comprehensive Plan.
Mr. Chavez stated that the zoning sign ordinance will be on the agenda for the next Planning and
Zoning Commission meeting.
There was discussion on the status of the extension of Josey Lane.
There was discussion on how the meeting with the property owners affected by the 121 Corridor
Standards went and what will happen next. The commission stated their desire to have Marcie
Diamond put the property owners ideas down on paper so that the commission can review them
before she integrates them into the 121 Corridor Standards.
With no further business, the meeting was adjoin~d/~at 1
ATTEST:
Monica Nance, Recording Secretary
Page 5
MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION
MEETING HELD ON
APRIl. 23, 1996
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 April, 1996, at City Hall with
the following members present:
Brian Baker Present
Diane Whitlatch Absent
Gloria Rudell Present
Steven Swerdloff Present
Barbara Crocker Present
DeV'dle Hubbard Present
Joe Agnew Present
also in attendance were Sam Chavez, City Planner and Monica Nance, Planning Intern.
With six (6) members present, a quorum was established and the following items were
2. MINUTES
Motion to approve the minutes of the meeting held March 12, 1996 - Commissioner
Crocker;, second - Commissioner Agnew. With Commissioners Baker and Rudell
abstaining, motion carried with a unanimous vote of the remaining members.
Motion to approve the minutes of the mdeting held March 26, 1996 - Commissioner
Agnew; second - Commissioner Crocker. With Commissioners Baker and Rudeli
abstaining, motion carried with a unanimous vote of the remaining member~.
3. CITIZEN'S INPUT
None
Brief recess called to facilitate work session - 7:45.
Reconvened- 7:55.
Planning & Zoning Commission 4-23-96
4. OTHER BUSINESS
a. State Highway 121 Development Guideline~ Work Session.
Property owner representatives in attendance: Mr. Rob Farrell - Fan'ell & Associates, Mr.
Joe Fox - $NC Enterprises Inc., Mr. Steve Bilheimer - Cemex, and Mr. Mark Goodwin -
Netzer Real Estates.
Mr. Chavez briefed the new Commissioners on the status and history of the S.H. 121
Corridor Devdopment Standards.
Ms. Mm'de Diamond, consultant, referred to the commems made by the landowners and
provided to the Commissioners (attached hereto).
Ms. Diamond noted that the reference to "standards" had been changed to "guidelines" at
the request of the representatives and the concurrence of the Commission.
Lengthy discussion followed regarding the boundaries of the corridor. It was decided that
the north boundary line sho~dd be defined as "fi.om Memorial Drive, but not less than
1,200 feet measured fi.om the right-of-way of S.H. 121", and the southern boundary from
the first major thoroughfare, again, not less than 1,200 feet from the state right-of-way.
Discussion followed regarding the application of the S.H. 121 Corridor Development
Standards to the Multi-family zoning districts. Ms. Diamond suggested addressing these
at the conceptual planning stage of deveiopment of the Multi-family districts.
The "enhanced paving" of intersections and driveways was addressed at length. The
representatives expressed their concern at the expense of enhanced paving being required
in these areas due to the heavy traffic impact and maintenance costs.
Commissioner Hubbard suggested enhanced paving around the landscaping in the parking
At the concurrence of both landowner representatives and the Commission, Section I.A~ 1.
was recommended to be revised as follows: "To provide for an identification feature, as
well as enhancing the aesthetics of the corridor as a whole,
.... ~ ...... -~-~ / ...... t_. o u 121 .... : .... -~
~ch o~ me~o~ ond poJ~o¥ Ion&cope oreo~ is enco~ro~ed to be of entumced paving
materials auch as colored, textured or stamped concrete to have the appearance of brick
or other individual paving units."
2
Planning & Zoning Commission 4-23-96
I.A.3. - Water features: After brief discussion, it was decided this section, as written,
should remain.
LB.2.a - Lengthy discussion followed with regard to parking areas. Mr. Goodwin
expressed his opinion that prohibition of more than one or two parking rows in from of
office-showroom-warehouse buildings would severely limit development of this type of
use. Mr. Goodwin noted that a large "office" building of more than one story would not
be aesthetically pleasing abutting a major roadway.
Commissioner Crocker suggested that restaurants should be added as a use excluded from
the front parking restrictions.
LB.2.b - ARer brief review, it was the consensus of all to strike the reference to "one
story" office-showroom-warehouse from item I.B.2.b.
Further discussion regarding percentage of parking allowed in the from of buildings, with
Commissioner Crocker suggesting placing more emphasis on the encouragement of
landscaping in these areas.
Ms. Diamond advised that staff would review and revise this section of the guidelines and
bring it before the Commission for their input.
LC.4: It was the concurrence of the property representatives and Commission to delete
the words "passenger vehicle" fi.om this section.
Discussion followed regarding employee/customer parking in designated docking areas. It
was determined that restrictions are address~ in existing city codes.
I1 & IL&.3: Concerns about the range of land uses permitted in the corridor were
addressed. In addition, the exterior wall requirements to eliminate the 'big box"
appearance was discussed at length.
Ms. Diamond explained that the intent was to soften the "big box" look, and was not
intended to be a structural restriction. Staff will review and clarify this section of the
guidelines.
ILA.4.: Following brief discussion, it was determined that the reference to "highly
reflective glass" being used as an exterior building material needs to be further defined.
Planning & Zoning Commission 4-23-96
m.B.l.b.: Lengthy discussion was held with regard to screening of loading dock and
parking areas, roof top equipment, etc. Ms. Diamond suggested placing a clarification of
acceptable screening in the definition section of the guidelines.
Ill. C.l.a.: Landowner representatives expressed concern over the lack of clarification on
amount of screening required for loading areas. Discussion followed and the consensus
was to include wording such ss ~obstmct the view~ of the casual observer, rather than
define a percentage of screening required.
IlI,E.: Maintaining the enforcement of the screening of roof top mechanical equipment
was discussed. Mr. Chavez advised that if this requirement was placed in ordinance form,
it could be controlled through code enforcemem.
At~er further discussion, it was determined that item mE.3., referring to roof-mounted
equipmem and the inside of the screening device being finished and compatible with the
building facade, should be struck in its entirety.
Lengthy discussion was held with regard to the requirement to place all utilities
underground. Mr. Jun McCormick of T.U. Electric addressed the Commission, stating
that this would dmmati~y impact the developers and be very costly, thereby limiting
development of this corridor.
Mr. McCormick suggested leaving some flexibility with regard to placement of lines
underground. In addition, Mr. McCormick pointed out that there are currently overhead
lines in this corridor that have not been addressed.
After fin-ther discussion, it was decided that as each site develops, utilities would be
required to be placed underground within the site, as opposed to the entire Planned
Development.
Lengthy discussion continued regarding requiring feeder lines, as opposed to transmission
lines or distribution lines, to be buried. Mr. McCormick suggested the 69KV transmission
lines should be addressed as these are what Denton County Cooperative utilize.
Commissioner Agnew stated that he would like to see all lines buried, without exception.
Mr. McCormick advised that the existing lines can be moved to the north, away from S.H.
121 frontage on to Memorial Drive.
IV.: Discussion ensued regarding representative's concerns over the amount of trees
required along the thoroughfare parkway, as well as within the parking lots.
Planning & Zoning Commission 4-23-96
IV.A,3: The percentage of Live Oak trees required was addressed and consensus to
revise the guidelines to require 50°,4 Live Oak and 50% of another species from the
recommended plant list was reached.
IV.B. lat.: Property representatives suggested that the percentage of landscaping required
for industrial and commercial uses be reduced from 20% to 10°/3. Discussion followed
regarding the existing Landscape Ordinance, which requires 20OA.
At~er further review, it was suggested to recommend requiring landscaping 20OA of the
front yard only.
IV.C.I: Discussion regarding redudng the ~bumper screening' from 36" to 24L The
developers expressed their concern of the combination of the berming and vegetation
blocking the view of the retail sites. This issue will be reviewed by staffand either left as
written or reduced to the 24" required height.
IV.D.: After brief discussion, it was recommended that reference to drip irrigation be
deleted and this section be revised as follows: "Ail kmdwat~d areas will have fully
V. Landowner representatives expressed concern over the suggested on-site security
lighting. Ms. Diamond stated that these are suggested lighting feamr~ and types, and by
no means mandatory.
VI. Mr. Goodwin stated that the 1,000 foot requirement for median openings would pose
a problem for the developmem of the industrial/commercial sites. Discussion ensued and
it was decided that staffwould consult the city traffic engineer for input.
Mr. Chavez advised that the revisions discussed would be made to the guidelines and then
brought back before the Commission for formal recommendation to City Council.
Recess: 9:55
Reconvene: 10:05
Planning & Zoning Commission 4-23-96
5. STAFF REPORTS
Mr. Chavez advised that the Planning & Zoning Commission's Annual Report was
presented to the City Council on Monday, 4-15-96, and seemed to be well
received.
· Mr. Chavez advised that he had met with representatives of the Dal-Mac property
regarding a change in zoning. A copy of the conceptual plan will be provided to
the Commission for their review and comments. In addition, Mr. Chavez advised
that the city will ask for the dedication of a 25' easement along the eastern
property line.
· Mr. Chavez briefed the new Commissioners on the progress of the development of
the Comprehensive Plan. He advised that the Steering Committee would be
meeting on 4-21-96 at 7:00 p.m.
With no further business, the meeting was adjourned at 10:25 p.m.
Sharon E. Sebera, Recording Secretary
6
MINUTES OF THE PLANNING AND ZONING COMMISSION
REGULAR MEETING HELD ON
MAY 14, 1996
The Regular Session of the Planning and Zoning Commission of City of The Colony, Texas, was
called to order at 7:35 p.m. on the 14th day of May, 1996, at City Hall with the following
members present:
Brian Baker Present
Gloria Rudel Present
Diane Whitlatch Absent
Steven Swerdloff Absent
Barbara Crocker Present
DeVille Hubbard Present
Joe Agnew Present (Arrived at 7:50 P.M.)
and with five present, a quorum was established and the following items were addressed:
2. cmZEN INPUT
None
3. PUBLIC HEARING
05-96RP1, Garza Little Elm Lake Estates: Approval of replat of Lot 54, Block 7 and
Lot 1, Block 16 of the Garza Little Elm Lake Estates Addition located south of W.
Lake Highlands Drive on the west side of Haven Hills Drive
Sam Chavez, City Planner, explained the reason for the request was to provide the right-
of-way required to provide access to the furore gated community and the right-of-way for
the required turn around. Mr. Chavez then introduced the applicant's engineer, Greg
Edwards, P.E., to answer any questions. Commissioner Hubbard asked what would be
the future plans for the Block 7 parcel? Mr. Jim Skinner, Developer, responded that there
would be no way to build a house on the parcel. Mr. Edwards responded that it would
probably become a landscaped area and part of the entry to the subdivision.
Commissioner Baker asked if Lot 1 was buildable? Mr. Skinner responded that there is
a warehouse currently on that lot and that after construction is complete, the area would
be improved.
Motion to accept 05-96RP1 subject to staff stipulations and close the public hearing -
Hubbard; second - Baker, carried with a unanimous roll call vote.
04-96ZT1, Zoning Sign: City initiated request to amend Section 24-101,
Amendments]Procedures of Appendix A (Zoning Ordinance), to require applicants
to post zoning notification signs on subject property, establish a minimum sign
deposit requirement and penalty for non-compliance.
Sam Chavez explained that this request will require any applicant for a pending zoning
request to post zoning notification signs in an effort to keep the citizens better informed.
The sign would remain on site through the entire zoning process and would be removed
from the site after City Council has either approved or denied the request.
Motion to accept 04-96ZT1 and close the public hearing - Hubbard; second - Baker, carried
with a unanimous roll call vote.
4. OTHER BUSINESS
a. Part I of the Planning and Zoning Commission Orientation.
Sam Chavez presented Part I to the Commission.
b. Discussion of the North Central Texas Council of Governments (NCTCOG)
Commissioner training sessions.
Sam Chavez explained that NCTCOG will come to City Hall to train within the
next three to four weeks on a Saturday. If a commissioner cannot be present,
other training sites will be available. It was decided to schedule the training on
June 22, 1996.
5. STAFF REPORTS
Sam Chavez will not be present for the June 11 meeting. Cliff Bormann, Building
Official, will be available. A joint worksession with the City Council is scheduled for
June 21 at 7:00 P.M. Next Planning and Zoning Commission meeting wil be held on
June 28 at which time Part 1I of the orientation will be presented.
With no further business to discuss, the meeting was adjourned at 9:45 P.M.
Barbara Crocker, Vice-Chairman
ATTEST:
~'- "' ~_z~.~ Secretary
~ml De{'lin, Deputy City
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON MAY 28, 1996
The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was
called to order at 7:35 p.m. on the 28th day of May 1996, at City Hall with the following members
present:
Brian Baker Present
Gloria Rudel Absent
Diane Whitlatch Absent
Steven Swerdloff Present
Barbara Crocker Present
DeVille Hubbard Present
Joe Agnew Present
Mr. Sam Chavez - City Planner and Monica Nance - Planning Intern were in attendance as staff
representatives. With five (5) 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 April 23, 1996 with change as noted -
Commissioner Agnew; second - Commissioner Crocker. Motion passed with a unanimous
vote.
Motion to approve the minutes of the meeting held May 14, 1996 - Commissioner Agnew;
second - Commissioner Hubbard. Motion passed with a unanimous vote, with Chairman
Swerdloff abstaining.
3. CITIZEN INPUT
None.
ITEMS FOR CONSIDERATION:
4. 05-96FP1 Water's Edge Addition/Vernon Jackson: Approval of a final plat and a
sidewalk waiver for the Water's Edge Addition, a 43 lot single family residential
subdivision on a 27.04 acre of land, located west of F. M. 423, north of Haven Hills
Drive, and more specifically west of W. Shore Drive, in unincorporated Denton County,
but within the city's extra territorial jurisdiction (ET J).
Page 1
Planning and Zoning Commission Meeting: 05-28-96
Sam Chavez, City Planner, explained the applicant's proposed final plat. The preliminary plat for
the subdivision was approved by the Commission and the City Council in January of this year. The
approval included a realignment of the proposed extension of Ethridge Drive. Mr. Chavez went on
to explain the applicants request for a sidewalk waiver (reference letter dated May 23, 1996).
Commissioner Hubbard asked if the City Council could approve the sidewalk waiver if the Planning
and Zoning Commission denied the request. Mr. Chavez stated that, yes, they could approve it and
then there was discussion on whether the vote would require a 2/3 majority to pass.
Commissioner Crocker had questions concerning the roadway easement that will be required from
Denton County to construct the mm around at the main entrance to the property. Mr. Greg Edwards,
1116 Sandpiper Denton, TX, engineering consultant for the developer stated that they have had
discussions with the county and do not foresee any problems with obtaining the easement.
Vemon Jackson, developer for the site stated the justifications which are being used for the requested
sidewalk waiver, some of which are lack of vehicular and pedestrian traffic in the development due
to it being a gated community.
Discussion on some possible altematives to requiring sidewalks on all streets in the development,
such as the inclusion of either a jogging trail along the lake or sidewalks on one side of the main
street in the development.
Mr. Jackson stated that there had been discussions with the Corp of Engineers on a possible use
easement for a 20 or 25 foot strip of land adjacent to the development on the lake. The developers
would be allowed to mow and maintain the strip of land but no improvements such as paths could
be built on the property.
David Parent, partner in the development, stated that people usually prefer to jog on the grass or in
the street instead of on the sidewalk and that there is no parking of cars on the street so there is more
room for pedestrian circulation. He stated examples in the area of gated developments with estate
lots which do not have sidewalks.
Chairman Swerdloff asked if there would be a homeowners association for the development. Mr.
Jackson stated that, yes, there would be a homeowners association within the development.
There was discussion about if sidewalks were not required would there be a problem if at a later date
the development was annexed into The Colony. The possibility of putting money through the
Homeowners Association to build sidewalks at a later date if the development was annexed into the
city was discussed.
Commissioner Hubbard asked if there would be possible problems with the ADA (American
Disability Act) if sidewalks were not included. Mr. Chavez stated that, yes, there could be possible
Page 2
Planning and Zoning Commission Meeting: 05-28-96
problems when the road is dedicated to the City.
There was discussion about who would provide police and fire service to the development.
Discussion on the maintenance of the wall and fence behind some of the properties.
Motion to approve 05-96FP1 subject to staff stipulations and approval of the sidewalk waiver
-Agnew; motion failed due to lack of a second.
Motion to approve 05-96FP1 subject to staff stipulations and that sidewalks be built within 16
years of 100 percent completion of the project or at the time the property is annexed into the
city, whichever comes first - Crocker; motion failed due to lack of a second.
Motion to approve 05-96FP1 subject to staff stipulations and denial of the sidewalk waiver -
Hubbard; second - Baker; carried with a 3 -2 vote with Agnew and Swerdloffvoting against
the motion.
05-96RP2 Malone Addition/David Surdukan: A request for approval of a replat of
The Colony No. 33 Addition for a 0.569 acre undeveloped tract of land located west
of F.M. 423 approximately 314 feet south of S. Colony Boulevard. The site is
currently zoned for the Shopping Center District.
Sam Chavez explained this subject site is slated for development as a self-service car wash. It's
specific location is at the northeast comer of an existing unnamed circular public street behind the
Diamond Shamrock service station. The unnamed public street, dedicated through a developers
agreement, takes in the entire pavement width of the street, therefore, no additional right of way can
be acquired as part of this request. With the exception of the staff stipulations, the applicants replat
conforms with the Zoning Ordinance and Subdivision Ordinance.
Discussion on traffic and if short term or long term use of property is being considered.
Motion to approve 05-96RP2 subject to staff stipulations - Agnew; second - Baker; motion
carried with a unanimous roll call vote.
5 PUBLIC HEARING
05-96MD1 S.H. 121 Corridor Development Guidelines/City of The Colony:
Approval of S.H. 121 Corridor Development Guidelines for property located within
a minimum of 1,200 feet on the north and south sides of S.H. 121.
Commission requested Figure 1 on page 3 and Figure 5B on page 8 be changed to be more consistent
with the related wording.
Page 3
Planning and Zoning Commission Meeting: 05-28-96
Motion to approve 05-96MD1 - Crocker; second - Agnew; motion carried with a unanimous
roll call vote.
Brief recess called - 8:45
Reconvened - 8:50
6. OTHER BUSINESS
a. Planning and Zoning Commission Orientation Part II
Sam Chavez presented Part II of the Orientation to the Commission.
b. Discussion and review of meeting attendance policy
Commissioner Diane Whitlatch requested a personal temporary leave of absence. After some
discussion, it was decided to take the request before the City Council.
Commissioner Agnew requested that a roll call be taken before meetings.
Discussion followed about absences, both excused and non-excused.
7. Staff Reports
The following items were reported:
a. Comprehensive Plan update
b. Colony Plaza update
c. COG training schedule
d. Cancellation of June 11, 1996
Commission Meeting due to lack of Agenda items
e. Monica Nance - Planning Intern. Last day of service:
June 7, 1996
With no further business, the meeting was adjourned at 10:05
S e~et~'~v~ ~off, Cl~air~4
Page 4
Planning and Zoning Commission Meeting: 05-28-96
ATTEST:
April M. Tibbles, Recording Secretary
Page 5
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON JUNE 25, 1996
The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was
called to order at 8:15 p.m., late due to the joint work session with the City Council on the 25th day
of June 1996, at City Hall with the following members present:
Brian Baker Present
Gloria Rudel Present
Diane Whitlatch Absent
Steven Swerdloff Present
Barbara Crocker Present
DeVille Hubbard Present
Joe Agnew Present
Mr. Sam Chavez - City Planner was in attendance as a staff representative. With six (6) 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 May 28, 1996 with change as noted -
Commissioner Hubbard; second - Commissioner Agnew. Motion passed with a unanimous
vote, with Commissioner Rudel abstaining.
3. CITIZEN INPUT
None.
4. PUBLIC HEARING
06-96MD1 Th0ur0ughfare Plan Amendment-Standridge/Tim House: A request for
approval of an amendment to the Thoroughfare Plan for Standridge Drive, and more
specifically for the roadway segment of Standridge Drive located between Ridgepointe
Drive and Office Creek.
Sam Chavez, City Planner, explained that the proposed amendment reduces the right-of-way width
of Standridge Drive from eighty (80) feet to sixty (60) feet and the pavement width from forty-eight
(48) feet to thirty-six (36) feet. If approved the proposed right-of-way and pavement width will
match the existing right-of-way and pavement width for the existing sections of Standridge Drive
located north of Ridgepointe Drive, the road section located adjacent to the Lakeridge Addition and
Page 1
Planning and Zoning Commission Meeting: 07-25-96
the future section of Standridge Drive located south of Office Creek, for which a bond has already
been proved for by Centex. The applicant has submitted a traffic study for the proposed
thoroughfare plan amendment. The applicant's traffic study and it's addendum support the reduction
right-of-way and pavement width through the proposed subdivision. The city's threshold for the
average daily traffic volume on a residential collector, 60 feet of right-of-way and 36 feet of
pavement, is 5,000 vehicles per day. The projected average daily traffic volume reported in the
traffic study throughout the development is approximately 4,570 vehicles per day. A performance
bond is already in place for the construction of 36 feet of pavement and associated bridge structure
to connect Standridge Drive north of Office Creek to State Highway 121.
Discussion on the connection crossing private property north of Lakeridge where it will connect at
F.M. 423.
Some discussion on concerns for sub-division and commercial traffic was held.
Motion to approve 06-96MD1 - Crocker; second - Hubbard; motion carried with a
unanimous roll-call vote.
7. Staff Reports
a. Comprehensive Plan Update
b. Priorities on Ordinance Amendment
c. Scheduled Worksession on July 9, 1996 - JNC and Tri-West Development
With no further business, the meeting was adjourned at 8:45 p
ATTEST:
April M. Tibbles, Recording Secretary
Page 2
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON JULY 9, 1996
The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was
called to order at 7:42 p.m. on the 9th, day of July, at City Hall with the following members present:
Brian Baker Absent
Gloria Rudell Present
Diane Whitlatch Absent
Steven Swerdloff Present
Barbara Crocker Present
DeVille Hubbard Present
Joe Agnew Present
Mr. Sam Chavez - City Planner and Elizabeth Fitzgerald - Recording Secretary were in attendance
as staffrepresentatives. With five (5) 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 June 25, 1996 As submitted -
Commissioner Agnew; second - Commissioner Crocker. Motion passed with a unanimous
vote.
3. CITIZEN INPUT
None.
ITEMS FOR CONSIDERATION:
4. 07-96SP1 Cougar Carwash/Michael W. Rater: Approval of site plan for a self- service
carwash on a 0.569 acre lot located approximately 314.0 feet south of S. Colony
Boulevard, west of F.M. 423. The site is currently zoned for the (SC) Shopping Center
District.
Sam Chavez, City Planner, explained the applicant's proposed site plan..
Michael W. Rater, applicant, presented the Commissioners with drawings of an existing carwash,
to show the concept of the carwash that will be built on this site. Mr. Rater pointed out that the
Page 1
Planning & Zoning Commission meeting: 07-09-96
drying shed will be moved from center to the left, putting it in line with the existing Diamond
Shamrock station. Plans have also been also been implemented to provide landscaping, along with
installation of a sprinkler system, on the site.
Commissioner Agnew asked if the site plan meets all zoning requirements.
Sam Chavez, City Planner expressed that the site plan meets and exceeds all requirements.
Commissioner Crocker ask when the Cougar Carwash is scheduled before city council.
Sam Chavez, City Planner stated that this item would go to City Council on July 15, 1996.
Motion to approve 07-96SP1 Cougar Carwash- Commissioner Angew: Second Commissioner
Hubbard; motion carried with unanimous roll call vote.
Brief recess called
Reconvened 7:55 pm
6. OTHER BUSINESS
a. Joint worksession with City Council to discuss a proposed planned development
amendment and thoroughfare plan amendment by JNC and Tri-West
Development for the property located on the north side of State Highway 121,
between Paige Road and the city's east city limit line.
Sam Chavez, City Planner turn this session over to JNC and Tri-West Development ..
Proposed IBM Tract Thoroughfare Amendment and Rezoning, Bill Sheveland, JNC requested
changes on three areas of the current plan; zoning thoroughfare plan and land use arrangement. The
Thoroughfare Plan and Zoning is inconsistent as result of a recent thoroughfare plan amendment in
Frisco for the crossing for Memorial Drive at the Burlington - Northern Railroad tracks. The
connection has been moved a significant distance north of the point from the established point on
the current thoroughfare. JNC proposed a plan change to reshape the IBM tract for the propose of
producing a more efficient thoroughfare system, development and arrangement of land use.
JNC's Major Planning Considerations: Permitted land use under current zoning, fixed location for
external thoroughfare connections at SH 121 and Page Rd.,the public facilities tract accommodating
the park and two school sites, the use of mix zoning under current zoning to be re-evaluated to
Page 2
Planning & Zoning Commission meeting: 07-09-96
determine if there is an economic usage which should desirably be incorporated within the revised
zoning and of Memorial Drive being made the main east-west thoroughfare as compared to South
Colony. South Colony remains the major thoroughfare connecting Paige Rd and SH 121. The
mixed office, retail, commercial business districts has been increased by 51 acres, with light industry
incorporated in to one tract. Single family has been reduced by 47 acres, with the multi-family parcel
remaining the same size. The multi-family tract has been moved from its original location adjoining
the railroad tracks to a more central location across from the school and park area. The small retail
center at Page Rd. and South Colony Blvd. has been rotated 90 degrees to the front on to South
Colony Blvd. and has been increased in size from 2.5 net acres to 4.2 net acres.
Residential Development, Doug Gilliland with Tri- West Development, the proposed Legacy
Development will entail several different stages of compilation of Single Family Residential areas.
Each development will have its own on-site amenity and entry design. The plan is to develope
Morningstar Dr. from Hwy. 121 to access the first stage of the development. Concerns were
addressed on access to this area given that only one point of access to the development was being
proposed. The most viable solution was to develop Morningstar Drive from S.H. 121 to existing
Morningstar Drive, thus providing two points of access.
Staff Report
The following items were reported:
a. Comprehensive Plan update
b. Workshop for City and Planning
c. Open Seat on Board
d. Scheduled worksession on July 23, 1996
With no further business, the meeting was adjourned at 10:2( /~
even S'
ATTEST:
'~Eli~l~h Fitzgerald, R~o~ing Secretary
Page 3
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON JULY 23, 1996
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 23rd, day of July, at City Hall with the following members
present:
Brian Baker Present
Gloria Rudell Absent
Steven Swerdloff Present
Barbara Crocker Present
DeVille Hubbard Present
Joe Agnew Present
Mr. Sam Chavez - City Planner and Elizabeth Fitzgerald - Recording Secretary were in attendance
as staffrepresentatives. With five (5) 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 July 9, 1996 with changes as noted
Commission Agnew: Second - Commissioner Crocker. Motion passed with a unanimous vote
with Commissioner Baker abstaining.
3. CITIZEN INPUT
None.
ITEMS FOR CONSIDERATION:
4. 07-96FP1 Ridgepointe Phase 2-A/Tim House: Request for Approval of a final plat for
the Ridgepointe Phase 2-A Addition located south of Ridgepointe Drive, west of F.M.
423. The proposed 10 lot subdivision is currently zoned as Planned Development 7 (PD-
7) for Single Family Residential District.
Sam Chavez, City Planner, explained the applicant's proposed final plat. The preliminary plat for the
subdivision was approved by the Commission and City Council in March of this year. Mr. Chavez
went on to explain that, with the exceptions of the items found in staff stipulations, the plat conforms
with the Zoning, Planned Development and Subdivision Ordinances.
Page 1
Planning & Zoning Commission meeting: 07-23-96
Tim House, developer of the site, states that the applicant will comply with staff stipulations. An
overview of Ridgepointe Phase 2-A was presented. Mr. House also presented that the builders in the
subdivision will be Rylan Homes and Planation Homes.
Terry Mitchell, of Carter & Burgess, Inc. stated that he also reviewed staff stipulations, and that
most of them are cosmetic in nature and there is no problem in complying. Mr. Mitchell also stated
that they are working with the electric company on the electric easements which will be included
on the plat, as well as the flood and drainage easement.
Motion to approve 07-96SP1 Phase 2-A -, subject to all staff stipulations -Commissioner
Angew; Second Commissioner Cocker. Motion carried with a unanimous roll call vote.
5. 07-96FP2 Ridgepointe Phase 2-B/Tim House: Request for approval of final plat for
the Ridgepointe Phase 2-B Addition located south of Ridgepointe Drive, west of F.M.
423. The proposed 131 lot subdivision is currently zoned as Planned Development
7(PD-7) for the Single Family Residential District.
Sam Chavez, City Planner, explained the applicant's proposed final plat for Ridgepointe Phase 2-B.
The permilinary plat for the subdivision was approved by City Council in March of 1996. Staff has
reviewed the plat and with staff's stipulations, the plat confirms with the Zoning, Planned
Development and Subdivision Ordinances.
Tim House, Developer, of the site, went over the final plat explaining that the density is slightly
higher than the approved 4.0 acre density cap approved for the Planned Development.
The Commissioners, principle concern is the density cap. The Commissioners requested that the
developer provide an overall density for the Planned Development on lot usage.
Terry Mitchell of Burgess & Carter assured the Commissioners that they are working on that at this
time.
Other areas of concern where providing paved temporary turnarounds within the property for the
dead end streets, and redesigning lots 30-40, Block H to provide 60 feet (60') lot frontage rather than
fifty feet (50') lot frontage.
Motion to approve 07-96FP2, Ridgepointe Phase 2-B- subject to staff stipulations and with an
additional stipulation redesiging lots 30-40, Block H to provide 60 feet (60') lot frontage rather
than fifty feet (50') lot frontage: Commissioner Angew: Second Commissioner Hubbard;
motion carried with unanimous roll call vote.
Page 2
Planning & Zoning Commission meeting: 07-23-96
6. PUBLIC HEARING
07-96SUP1 Los Reyes Taqueria/Jose G. Reyes: Request for approval for a restaurant
where the sale of beer and wine is incidental to the serving of food. The existing 1,380
square foot restaurant is located at the southwest corner of the intersection of Paige
Road and South Colony Boulevard in the Colony Square Shopping Center and
currently zoned for the (SC) Shopping Center District.
Mr. Chavez, City Planner, explained the applicant's request for a specific use permit for his
restaurant where the sale of beer and wine is incidental to serving food. The site is zoned for (SC)
Shopping Center District and is located in the southwest comer of the intersection of South Colony
Boulevard and Paige Road in The Colony Plaza Shopping Center. With the exception of the items
found in the staff stipulations, the site plan conforms with the requirements of the Zoning Ordinance
and for specific use permits for sale of beer and wine.
Jose G. Reyes, Los Reyes Taqueria, owner, explained the restaurant is a full service casual dinning,
serving a variety of authentic Mexican foods. Mr. Reyes explained the revenue from the sales of
food, beer and wine being approximately 85%. Mr. Reyes further explained that he is not requesting
bar service. (information translated by Sam Chavez, City Planner)
Motion to approve 07-96SUP1, Los Reyes Taqueria- Commissioner Angew : Second
Commissioner Hubbard; motion carried with unanimous roll call vote.
7. OTHER BUSINESS
a. Planning and Zoning Commission workshop to receive information on a rezoning
proposal for the property located south of the intersection of Ridgepointe Drive and
F.M.423, on the west side of F.M. 423.
Sam Chavez, City Planner, stated that the applicant is seeking input on a proposed zoning change
on 7.328 acre tract of land. The site is zoned for Single Family and is undeveloped at this time.
Steven Williamson, the applicant, proposed that this site be re-zoned to a General Retail District
Page 3
Planning & Zoning Commission Meeting: 07-23-96
to allow non -residential development such as an assist living facility, or something of this nature.
Mr. Williamson expressed that the proposed zoning change should not have a negative impact on
the surrounding area.
Discussion was held regarding different types of business that could be built on this site, along with
different types of zoning. It was recommended that this tract be zoned (PD) Plan Development with
various types of uses excluded from the Planned Development. It was suggested by the Commission
that Mr. Chavez and Mr. Williamson meet at a future date to discuss possibilities.
STAFF Report
The following items were reported:
a. Workshop for City and Planning
b. Comprehensive Plan update
With no further business, the meeting was adjourned at 9:20.
~'~dioff, Chair~
ATTEST:
Eliz~h Fitzgerald, Rec~-d'i(n/g Secretary
Page 4
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON AUGUST 13, 1996
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 13th, day of August, at City Hall with the following members
present:
Brian Baker Present
Gloria Rudell Absent
Steven Swerdloff Absent
Barbara Crocker Present
DeVille Hubbard Present
Joe Agnew Present
John Anderson Present
Mr. Sam Chavez - City Planner and Elizabeth Fitzgerald - Recording Secretary were in attendance
as staff representatives, Joe Agnew acting Chairperson. With five (5) 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 July 23, 1996 Commission Baker: Second
Commissioner Hubbard. Motion passed with a unanimous vote with Commissioner
Anderson abstaining.
3. CITIZEN INPUT
None.
ITEMS FOR CONSIDERATION:
4. 08-96PR1 Eckerd's Addition/John F. Pierce: Request for Approval of a replat of Lot
2, Block 1 of the Eckerd's Addition into two (2) lots. The 4.652 acre subdivision is
currently zoned for the (SC) Shopping Center District and is located south of the
intersection of N. Colony Boulevard and F.M. 423.
Sam Chavez, City Planner, explained the applicant is requesting approval ofa replat of Lot 2, Block
1 of the Eckerd's Addition. The 4.652 acre lot, located south of Eckerd's Drug Store, is zoned for
the (SC) Shopping Center District. The proposed replat subdivides lot 2 into two (2) lots. Lot 2R
contains 3.648 acres and lot 3 contains 1.004 acres. Lot 3 is proposed future site of Auto Zone. A
Page 1
Planning & Zoning Commission meeting: 08-13-96
thirty-five (35) foot wide access easement is indicated on the proposed replat in order to provide
vehicular and emergency access to the site from North Colony Boulevard. Mr. Chavez also explained
that the city's Thoroughfare Plan designates F.M. 423 as a six-lane divided thoroughfare which
requires one hundred and twenty feet of right-of-way. The proposed replat indicates ninety (90) feet
right-of-way with forty-five (45) feet from center line, therefore, an additional fifteen (15) feet of
right-of-way is needed in order for the plat to comply with the city's adopted Thoroughfare Plan.
Texas Department of Transportation (TxDOT) right-of-way maps shows one hundred (100) feet of
right-of-way currently exists, forty-five feet west of center line and fifty-five feet east of center line,
therefore the plat will have to be amended to indicate the current amount of right-of-way on 423.
John F. Pierce, Auto Zone Representative, agreed in general with staff stipulations. Questioned how
the right-of- way dedication along 423 will affect his property and Eckerd's property in the future,
once 423 is constructed to a six lane divided.
Sam Chavez, City Planner, responded that the dedication of right-of-way will require Auto Zone's
site plan to be amended to account for the 15 feet of dedication. The Eckerd's site will be address at
the time that TxDOT needs the additional right-of-way.
The Commissioners recommended approval of the applicants proposed replat of Lot 2, Block 1 of
the Eckerd's Addition subject to staff stipulations.
Motion to approve 08-96RP1, Eckerd's Addition-subject to staff stipulations Commissioner
Crocker: Second Commissioner Hubbard; motion carried with unanimous roll call vote.
STAFF Report
The following items were reported:
a. Steering Committee Meeting
With no further business, the meeting was adjourned at 8~ff~~ ~
ATTEST: ~~/j~~Chairperson
~lizat~h Fitzgerald, Rc~dmg Secretary
Page 2
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON SEPTEMBER 24, 1996
The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was
called to order at 7:33 p.m. on the 24th, day of September City Hall with the following members
present:
Brian Baker Present
Gloria Rudell Absent
Steven Swerdloff Present
Barbara Crocker Present
DeVille Hubbard Present
Joe Agnew Present
John Anderson Present
Mr. Sam Chavez - City Planner and Elizabeth Fitzgerald - Recording Secretary were in attendance
as staff representatives, with six (6) members present, with Commissioner Baker arriving at 7:59
pm, a quorum was established and the following items were addressed:
2. MINUTES: Approval or co~xection of Planning and Zoning Commission Minutes:
Motion to approve the minutes of the meeting held August 27, 1996 Commission Agnew:
Second - Commissioner Crocker Motion passed with a unanimous vote.
3. CITIZEN INPUT
None.
ITEMS FOR CONSIDERATION:
4. 08-96RP1, Eckerd's Addition/John F. Pierce, Wilbig & Associates, Inc: Request for
reapproval of replat of Lot 2, Block 1 of Eckerd's Additions into (2) lots. the 4.562 acre
subdivision is currently zoned for the Shopping Center District and is located south of
the intersection of N. Colony Boulevard and F.M. 423.
Sam Chavez, City Planner, explained that the applicant is requesting reapproval of a replat of Lot
2, Block 1 of the Eckerd's Addition. The 4.652 acre lot, located south of Eckerd's Drug Store, is
undeveloped and zoned for the (SC) Shopping Center District. The proposed replat subdivides Lot
2 into two (2) lots. Lot 2R contains 3.648 acres and Lot 3 contains 1.004 acres. Lot 3 is the proposed
future location for Auto Zone. A thirty -five (35) foot wide access easement is indicated on the
Page 1
Planning & Zoning Commission meeting: 09-24-96
proposed replat in order to provide vehicular and emergency access to the site from N. Colony
Boulevard. The city's Thoroughfare Plan designates F.M. 423 as a six-lane divided thoroughfare
which requires one hundred and twenty (120) feet of right-of-way. The proposed replat indicates
ninety (90) feet of Right-of-way, forty -five (45) feet from center line, therefore, an additional fifteen
(15) feet of right-of-way will have to be dedicated in order for the plat to comply with the city's
adopted Thoroughfare Plan. Based on the Texas Department of Transportation's (TxDOT) right-of-
way maps, one hundred (100) feet of right-of-way currently exists on F.M. 423, forty -five (45) feet
west of the center line and fifty-five (55) feet east of the center line, therefore the plat will have to
be amended to indicate the current amount of right-of-way on F.M. 423.
Sam Chavez, Further explained that on September 9,1996, City Council approved the applicant's
replat subject to Planning and Zoning Commission's recommendation with the exception of
requiring the fifteen (15) feet of right -of-way dedication. The city attorney's advised the replat
requires both bodies concur with approval.
The Commissioners recommended reapproved the applicant's proposed replat of Lot 2, Block 1 of
Eckerd's Addition subject to Staff Stipulations.
Motion to approve 08-96RP1, Eckard's Addition - subject to staff stipulations Commissioner
Angew: Second Commissioner Crocker; motion carried with unanimous roll call vote.
5. 09-965MD1 Signs/City_ of The Colony: Request for approval of an amendment to Chapter
6 of the City's Code of Ordinances, and more specifically Article II, relating to Signs.
Motion to continue at next schedule Planning & Zoning meeting,- Commissioner Cocker;
Second Commissioner Hubbard; motion carried with unanimous roll call vote.
PUBLIC HEARING
6. 09-96ZT1 Landscaping/City_ of The Colony: Request for approval of amendment to
Appendix A (Zoning), of the City's Code of Ordinances and more specifically, Section 17-104(B),
Definitions and Section 17-104(C), Landscaping.
Motion to continue at next schedule Planning & Zoning meeting,- Commissioner Cocker;
Second Commissioner Agnew; motion carried with unanimous roll call vote.
7. 09-96ZT2 Tree Preservation/City_ of The Colony: Request for approval of an amendment
to Appendix A (Zoning), of the City's Code of Ordinances, and more specifically, Section 17-104
(D), Protected Trees.
Page 2
Planning & Zoning Commission Meeting: 09-24-96
Motion to continue at next scheudle Planning & Zoning Meeting,- Commissioner Cocker;
Second Commissioner Baker; motion carried with unanimous roll call vote.
8. OTHER BUSINESS
None
STAFF Report
The following items were reported:
a. Steering Committee Meeting
ATTEST:
Eli~th Fitzger~tary
Page 3
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON OCTOBER 8, 1996
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 8th, day of October, at City Hall with the following members
present:
Brian Baker Present
Gloria Rudell Present
Steven Swerdloff Present
Barbara Crocker Present
DeVille Hubbard Present
Joe Agnew Present
John Anderson Absent
Mr. Sam Chavez - City Planner and Elizabeth Fitzgerald - Recording Secretary were in attendance
as staff representatives. With six (6) members present, a quorum was established and the following
items were addressed:
2. MINUTES: Approval or correction of the September 24,1996 Planning and Zoning
Commission Minutes:
Motion to approve the minutes of the meeting held September 24, 1996, with changes noted
Commissioner Agnew: Second - Commissioner Cocker; Motion passed with a unanimous vote.
3. CITIZEN INPUT
None.
ITEMS FOR CONSIDERATION:
4. 09-96MD1, Signs/City of The Colony: Request for approval of amendments to
Chapter 6 of the City's Code of Ordinances, and more specifically Article H, relating
to Signs. Continued from September 24, 1996 Planning and Zoning Commission
meeting.
Sam Chavez, City Planner, explained that under direction from City Council, and that with input
from current and future businesses, staff is submitting a comprehensive amendment of Article II,
Signs, of Chapter 6, of the Code of Ordinances.
Page 1
Planning & Zoning Commission meeting: 10-08-96
Rusty Nichols, Developer, Stewart Peninsula and Robert Farrell, Developer, Colony Plaza, were in
attendance.
The Commissioner's recommendations are as follows:
ARTICLE II SIGNS
Page 13
Company's shall be allowed to display company flags.
Page 18
d. Number of days for the recovery of impounded signs reduced to five (5) days working days.
d. 1. deleted
d. 2. A fee offiffy dollars ($50.00) for signs which are larger than twelve (12) square feet in area, plus
any cost incurred by the city to remove the sign.
Page 19
e. Disposal; Signs not recovered within five (5) days of impoundment may be disposed of by the City
of The Colony in a manner it shall elect.
2.a. A Political Candidate shall not display said sign until the political candidate has filed said
petition.
2.b. All signs shall be removed within 2 days from date of the election.
2.c. Three (3) square feet, with no one side exceeding two (2) feet in length or width.
Page 21
b. was changed to 3
e. was changed to 4
4.(residential commercial) Real estate signs: Property owners may erect a sign to advertise the sale,
lease or rent of the property along frontage on which the property is located. A permit will be
Page 2
Planning & Zoning Commission meeting: 10-08-96
required for all undeveloped property and all commercial property.
Sam is to break out Commercial and Residential real estate signs.
Page 22
d. was changed to 5. ( Sam to look up ordinance) Temporary construction in case of residential
development allowed.
e. was changed to 6 Sam is to rewrite temporary banners.
f. was changed to 7
Page 23
g. changed to 8
h. changed to 9
9. Off premise signs shall be permitted for the identification of residential area's but not specific
subdivision names; and recreational establishments, subject to the following requirements.
1. Residential, deleted
1.a. changed to 1. Subdivision not having frontage on F.M. 423 or S.H. 121 primary access into the
subdivision.
Page 24
Special event: Single event $25.00 Annual $120.00
Page 25
change a-e to 1-5
6. Incorporation of the City of The Colony Logo.
7. Masonry, earth tone color, stone with cast stone cap
2. deleted
Page 3
Planning & Zoning Commission meeting: 10-08-96
Motion to approve 09-96M1)1 Signs/The City of The Colony: - Motion to except subject to
City Council approval: Commissioner Cocker: Second Commissioner Baker; motion carried
with unanimous roll call vote.
PUBLIC HEARING
5. 09-96ZT1 Landscapin~ City_ of The Colony: Request for approval of amendment to
Appendix A (Zoning), o£the City's Code of Ordinances and more specifically, Section 17-104(B),
Definitions and Section 17-104(C), Landscaping.
Motion to continue to November 12th, 1996 scheduled Planning & Zoning meeting,-
Commissioner Crocker; Second Commissioner Agnew; motion carried with unanimous roll
call vote.
6. 09-96ZT2 Tree Preservation/City. of The Colony: Request for approval of an amendment
to Appendix A (Zoning), of the City's Code of Ordinances, and more specifically, Section 17-104 02)),
Protected Trees.
Motion to continue to November 12th, 1996 scheduled Planning & Zoning meeting,-
Commissioner Crocker; Second Commissioner Rudell; motion carried with unanimous roll call
vote.
8. OTHER BUSINESS
None
STAFF Report
The following items were reported:
a. Steering Committee Meeting
b. Update on Developments within the City of The Colony
Page 4
Planning & Zoning Commission Meeting: 10-08-96
c. Impact Fees
With no further business, the meeting was adjourned at 11:00 ~~t¥,tz
~d)o~, eh~
ATTEST:
El' at~_gl~h Fitzgerald, Rek~6~ing Secretary
Page 5
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON OCTOBER 22, 1996
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 22 nd, day of October, at City Hall with the following members
present:
Brian Baker Present
Gloria Rudell Present
Steven Swerdloff Present
Barbara Crocker Present
DeViile Hubbard Present
Joe Agnew Present
John Anderson Present
Mr. Sam Chavez - City Planner and Elizabeth Fitzgerald - Recording Secretary were in attendance
as staff representatives. With seven (7) members present, a quorum was established and the
following items were addressed:
2. MINUTES: Approval or correction of the October 8, 1996 Planning and Zoning
Commission Minutes:
Motion to approve the minutes of the meeting held October 8, 1996, Commissioner Agnew:
Second - Commissioner Cocker; Motion passed with a unanimous vote.
3. CITIZEN INPUT
None.
ITEMS FOR CONSIDERATION:
4. 10-96PPI, Paige-SH 121 Commercial/Tom Cravens: Request for approval of a
preliminary plat for the Paige-SH 121 Commercial Addition located at the northeast comer
of the intersection of Paige Road and State Highway 121. The 94.87 acre tract is currently
undeveloped and is zoned Planned Development 9 (PD-9) for the (BP) Business Park District.
Sam Chavez, City Planner, explained that the applicant is requesting approval of a preliminary plat
for Paige -SH 121 Commercial Addition. The 94.87 acre tract is currently undeveloped and zoned
Planned Development 9 (PD-9) for the (BP) Business Park District. This site is located between S.H.
Page 1
Planning & Zoning Commission meeting: 10-22-96
PUBLIC HEARING
121 and future Memorial Drive, between Paige Rd. and a future unnamed collected roadway.
The plat indicates the center lines of Memorial Drive and the unnamed collected on the east. Both
proposed right-of-way dedications are in accordance with the city's adopted Thoroughfare Plan.
Paige Road is a designated as a six-lane, divided arterial with 100 feet of right-of-way, the property
owners intends to resubmit a revised thoroughfare plan for Paige Road to provide an eight-lane,
divided arterial from S.H. 121 to Memorial Drive which will require a minimum of 140 feet of right-
of-way. Staff is recommending a continuation in order to allow the applicant to address staffs
concerns.
Tom Cravens, Benchmark Group of Texas, Inc. representing JWV, stated that the developers have
no objectives with staffs stipulations.
Lengthy discussion followed regarding that if the proposed alignment is approved will it meet the
city's Thoroughfare Plan.
Motion to continue Motion to Continue to November 12, 1996 scheduled Planning and Zoning
meeting: Commissioner Agnew: Second Commissioner Crocker; motion carried 7-0.
5. 10-96FP1, Centennial Center Addition/Tom Cravens: Request for approval of a final plat
for Lot 1, Block 1, of the Centennial Center Addition located at the northeast corner of the
intersection of Paige Road and State Highway 121. The 1.7422 acre tract is currently undeveloped
and is zoned Planned Development 9(PD-9) for the (BP) Business Park District.
Sam Chavez, City Planner, explained that the applicant is requesting approval of a final plat for the
Centennial Center Addition. The 1.7422 acre is undeveloped. The site is located at the northeast
corner of the intersection of Road and S.H. 121. Sam also explained that based on the quantity and
nature of staffs stipulations and based on staffs review of case file No.s 10-96SUP 1 and 2, that staff
recommends continuation of the proposed plat.
Tom Cravens, Benchmark Group of Texas, Inc. representing JWV, advised that the developer has
no objections with staffs stipulations.
Motion to continue to November 12th, 1996 scheduled Planning & Zoning meeting,-
Commissioner Agnew; Second Commissioner Baker; motion carried with 7-0.
6. 10-96SUP1. Centennial Center I / Tom Cravens: Request for approval of a specific use permit
for a beverage store for the sale of beer, wine, and liquor for off premise consumption and site plan
Page 2
Planning & Zoning Commission Meeting: 10-22-96
approval on Lot 1, Block 1 of the Centennial Center Addition located at the northeast comer of the
intersection of Paige Road and State Highway 121. The 1.74 acre site is undeveloped and is zoned
Planned Development 9 (PD-9) for the (BP) Business Park District.
Tom Cravens, Benchmark Group of Texas, Inc. representing JWV, addressed staffs stipulations
and advised that the developers have some concerns, but agree with most of the stipulations.
Lengthy discussion regarding the location of the median opening, and if JNC and Centex are in
agreement on the location of the median opening along Paige Road.
Sam Chavez, City Planner, explained that no agreement has been reached by either JNC or Centex
on the location of the median along Paige Road. However, staff would recommend that the median
opening occur no further south of the current Office Creek drainage structure.
Discussion regarding the material that will be used as exterior finishes on the structures.
Jim Hewitt, Engineer Management Services, addressed the materials that will be used on the building
and provided a sample to be viewed.
Lengthy discussion followed regarding the drive thru restaurant and driveway openings along S.H.
121 and Paige Road, along with the location of the tanker fueling site on the site plan.
Jim Hewitt, Engineer Management Services advised that the floor plan has been decreased to reduce
traffic and to provide ample parking according to city ordinances.
Commissioner Crocker requested that the tanker fueling site be indicated on the site plan.
Commissioner Angew inquired if the 121 guidelines for utilities will be met.
Sam Chavez, City Planner advised that he will contact TU Electric or Denton County Coop.
Motion to continue to November 12th, 1996 scheduled Planning & Zoning meeting,-
Commissioner Baker; Second Commissioner Crocker; motion carried 7-0.
7. 10-96SUP2 Centennial Center ll/Tom Cravens: Request approval ora specific use permit
for the sale of beer and wine for offpremise consumption and site plan approval on Lot 1, Block 1
of the Centennial Center Addition located at the northeast comer of the intersection of Paige Road
and State Highway 121. The 1.74 acre site is undeveloped and is zoned Planned Development 9 (PD-
9) for the (BP) Business Park District.
Page 3
Planning & Zoning Commission Meeting: 10-22-96
Tom Cravens, Benchmark Group of Texas, Inc. representing JWV, advised that the developers have
no problems with staffs stipulations.
Sam Chavez, City Planner, stated that staff is also recommending continuance of this request in
order to all the applicant to address staffs concerns.
Motion to continue to November 12th, 1996 scheduled Planning & Zoning meeting,-
Commissioner Angew; Second Commissioner Baker; motion carried 7-0.
8. OTHER BUSINESS
a. Sam Chavez, CRy Planner, went over the Final draft of the proposed amendments to
Chapter 6 of the City's Code of Ordinances, specifically Article II, relating to Signs.
explaining that the Ordinance would go to City Council on November 18,1996, rather than
presented in a Work Session. According to City Charter the Ordinance has to have two
readings before council can vote on the changes.
STAFF REPORT
The following Rems were reported:
a. Advisory Committee Meeting
b. Update on Council Meeting
c. Johnson Track Annexations
'Eli~eih Fitzgerald, ~ording Secretary
Page 4
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON NOVEMBER 12, 1996
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 12 th day of November at City Hall with the following members
present:
Brian Baker Present
Gloria Rudell Absent
Steven Swerdloff Present
Barbara Crocker Present
DeVille Hubbard Present
Joe Agnew Present
John Anderson Present
Mr. Sam Chavez - City Planner and Elizabeth Fitzgerald - Recording Secretary were in attendance
as staff representatives. With six (6) members present, a quorum was established and the following
items were addressed:
2. MINUTES: Approval or correction of the October 22, 1996 Planning and Zoning
Commission Minutes:
Motion to approve the minutes of the meeting held October 22, 1996, Commissioner Agnew:
Second - Commissioner Cocker; Motion passed with a vote 6-0.
3. CITIZEN INPUT
None.
ITEMS FOR CONSIDERATION:
4. ll-96RP1, Mi0way Center Addition/Ellis Meals: Request for approval a replat of Lots 33
and 34, Block 2 of Garza Little Elm Estates Addition, located on the east side of Elm Street, between
E. Lake Highlands and Witt Road. The 0.1377 acre site is undeveloped and zoned for the (LC) Light
Commercial District.
Sam Chavez, City Planner, explained that the applicant is requesting approval ofa replat of Lot 33
and 34, Block 2 of Garza Little Elm Lake Estates Addition. The property owner request combines
two (2) 25' x 120' lots for the purpose of development. The proposed replat conforms with
Page 1
Planning & Zoning Commission meeting: 11-12-96
Zoning and Subdivisions Ordinance. With the exception of those items found in staff stipulations.
Ellis Meals, Property Owner, stated that he has no problems with staff stipulations.
Motion to approve ll-96RP1 subject to staff stipulations, Commissioner ltubbard Second -
Commissioner Agnew; Motion passed with a vote 6-0.
5. 10-96PPI, Paige-SH 121 Commercial/Tom Cravens: Request for approval of a
preliminary plat for the Paige-SH 121 Commercial Addition located at the northeast comer
of the intersection of Paige Road and State Highway 121. The 94.87 acre tract is currently
undeveloped and is zoned Planned Development 9 (PD-9) for the (BP) Business Park District.
Sam Chavez, City Planner, explained that the applicant is requesting a continuance of a preliminary
plat for Paige -SH 121 Commercial Addition. The 94.87 acre tract is currently undeveloped and
zoned Planned Development 9 (PD-9) for the (BP) Business Park District. This site is located
between S.H. 121 and future Memorial Drive, between Paige Rd. and a future unnamed collected
roadway.
Staff is concur with the applicant's request for continuance to allow the applicant to address staffs
concerns.
Tom Cravens, Benchmark Group of Texas, Inc. representing JWV, stated that the developers have
no objectives to continue at next Planning and Zoning Commission meeting November 26,1996.
Motion to continue Motion to Continue to November 26, 1996 scheduled Planning and
Zoning meeting: Commissioner Agnew: Second Commissioner Crocker; motion carried 6-0.
6. 10-96FP1, Centennial Center Addition/Tom Cravens: Request for approval of a of final plat
for Lot 1, Block 1, of the Centennial Center Addition located at the northeast comer of the
intersection of Paige Road and State Highway 121. The 1.7422 acre tract is currently undeveloped
and is zoned Planned Development 9(PD-9) for the (BP) Business Park District.
Sam Chavez, City Planner, explained that the applicant is requesting a continuance of a final plat for
the Centennial Center Addition. The 1.7422 acre is undeveloped. The site is located at the northeast
comer of the intersection of Road and S.H. 121. Sam also explained that this was continued from
the October 22, 1996 Planning and Zoning Commissioners meeting.
Staff concurs with the applicants request for continuance to allow the applicant to address staffs
concerns.
Page 2
Planning & Zoning Commission meeting: 11-12-96
Tom Cravens, Benchmark Group of Texas, Inc. representing JWV, advised that the developer has
no objections to continue to next Planning and Zoning Commission meeting, November 26,1996.
Motion to continue to November 26th, 1996 scheduled Planning & Zoning meeting,-
Commissioner Baker; Second Commissioner Cocker; motion carried with 6-0.
PUBLIC HEARING
7. 10-96SUP1, Centennial Center I / Tom Cravens: Request for approval of a specific use permit
for a beverage store for the sale of beer, wine, and liquor for offpremise consumption and site plan
approval on Lot 1, Block 1 of the Centennial Center Addition located at the northeast comer of the
intersection of Paige Road and State Highway 121. The 1.74 acre site is undeveloped and is zoned
Planned Development 9 (PD-9) for the (BP) Business Park District.
Based on a letter from the applicant for continuance staff is also recommending a continuation in
order to allow the applicant to address staffs concerns.
Tom Cravens, Benchmark Group of Texas, Inc. representing JWV, advised that the developer has
no objections to continue to next Planning and Zoning Commission meeting, November 26,1996.
Motion to continue to November 26th, 1996 scheduled Planning & Zoning meeting,-
Commissioner Baker; Second Commissioner Agnew; motion carried 6-0.
8. 10-96SUP2 Centennial Center IF Tom Cravens: Request approval ora specific use permit
for the sale of beer and wine for off premise consumption and site plan approval on Lot 1, Block 1
of the Centennial Center Addition located at the northeast comer of the intersection of Paige Road
and State Highway 121. The 1.74 acre site is undeveloped and is zoned Planned Development 9 (PD-
9) for the (BP) Business Park District.
Sam Chavez, City Planner, stated that based on the applicant's request for continuance, staff is also
recommending continuance of this request in order to allow the applicant to address staffs concerns.
Tom Cravens, Benchmark Group of Texas, Inc. representing JWV, advised that the developer has
no objections to continue to next Planning and Zoning Commission meeting, November 26,1996.
Motion to continue to November 26th, 1996 scheduled Planning & Zoning meeting,-
Commissioner Baker; Second Commissioner Cocker; motion carried 6-0.
Page 3
Planning & Zoning Commission Meeting: 11-12-96
9. 09-96ZT1 Landscaping / City of The Colony: Request approval of amendments to Appendix
A (Zoning), of the City's Code of Ordinances and more specifically, Section 17-104(B), Definitions
and Section 17-104(C), Landscaping. Continued from October 8, 1996 Planning and Zoning
Commission meeting.
Sam Chavez, City Planner, explained that under direction from City Council, and the Planning and
Zoning Commission, staff is submitting a comprehensive text amendment for Sections 17-104(B)
Definitions and 17-104(C) Landscaping. Minor revisions to the Definitions are proposed, with the
majority of the amendments occurring in the Section Landscaping. Continued from October 8, 1996
Planning and Zoning Commission meeting.
The Commissioner's recommendations are as follows:
Section 17A & 17B, Landscaping and Tree Preservation
Page 1
17A PURPOSE added
Page 2
Protected Trees, Any excising living tree that is not on prohibited tree list.
Page 4
Break out 121 guidelines, under Residential and Non Residential
Page 7
Section A: 1. separate Alley's and Driveways, 10 x 30 streets, 15 x 15 alleys
Page 11
B. Sam to work on fee for no compliance
Page 14
Recommended Plant List, excluded Sweetgum
Page 4
Planning & Zoning Commission Meeting: 11-12-96
Prohibited List excluded Pecan Tree
10. 09-096AT2 Tree Preservation/City_ of The Colony: Request for approval of an amendment
to Appendix A (Zoning), of the City's Code of Ordinances, and more specifically, Section 17-104
(B), Protected Trees. Continued from October 8, 1996 Planning and Zoning Commission meeting.
Sam Chavez, City Planner, explained based on the direction from City Council and the Planning and
Zoning Commission, staff is submitting a comprehensive text amendment for Section 17-104 (D)
Protected Trees. the definitions under Section 17-104 (B) occurred in the term Protected Tree. With
the caliper sizes has been reduced from eighteen (18) inches to ten (10) inches and a "Protected Tree
List" has been established. If the Commission and City Council deem the amendments appropriate,
Staff intends to create a new section, Section 17B. Tree Preservation. with Appendix A in lieu of
keeping it under its' current designation as Section 17. Plan approvals and Special Development
Standards.
The Commissioner's recommendations are as follows:
Page 18
A. 3 inch caliper or above
Page 19
1.4 Four 3 inch caliper Trees
2. add removed or damaged
17-600 Protected Tree List delete, add anything 10 inch caliper
8. OTHER BUSINESS
None
STAFF REPORT
The following items were reported:
a. Advisory Committee Meeting
Page 5
Planning & Zoning Commission Meeting: 11-12-96
b. Update on Council Meeting
c .Comp Plan update
d. Memo To City Manager (State Highway 121 Alcoholic Beverage Sales & Sexually oriented
Businesses
e. Joim Work Session with City Council and EDC Board
With no further business, the meeting was adjourned at 11:27
~ ~rdloff, C~an
ATTEST:
Eliz~ Fitzgerald, ~ec~fi~ Secretary
Page 5
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON NOVEMBER 26, 1996
The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was
called to order at 6:00 p.m. on the 26 th day of November at City Hall with the following members
present:
Brian Baker Absent
Gloria Rudel Present
Steven Swerdloff Present
Barbara Crocker Present
DeVille Hubbard Present
Joe Agnew Present
John Anderson Present
Mr. Sam Chavez - City Planner and Elizabeth Fitzgerald - Recording Secretary were in attendance
as staff representatives. With six (6) members present, a quorum was established and the following
items were addressed:
2. OTHER BUSINESS
a. Joint work session of the Planning and Zoning Commission, City Council and the EDC
Board: Discussion of the sale of alcoholic beverages for off-premise consumption and sexually
oriented businesses. (6:00 p.m. - 7:30 p.m.)
Staff and city attorney, John Hill were present to answer any questions concerning the sale of
alcoholic beverages for off-premise consumption and sexually oriented businesses. A general
consensus was reached on the following:
Alcoholic beverages: maintain current specific use permit application procedures and to review each
application on its own merit.
Sexually oriented businesses: review of ordinance by city attorney for compliance with state law.
Proceed with a future amendment(s) to zoning ordinance to establish sexually oriented business in
an appropriate zoning district.
3. MINUTES: Approval or correction of the November 12, 1996 Pl#t~ng and Zoning
Commission Minutes:
Motion to approve the m[n~utes of the meeting held November 12, 1996, Commissioner
Agnew: Second - Commissioner Cocker; Motion passed with a vote 5-0-1, COmmissioner
Page 1
Planning & Zoning Consnission meeting: 11-26-96
Rudel Abstaining.
4. CITIZEN INPUT
None.
ITEMS FOR CONSIDERATION:
5. 10-96PPI. Paige-SH 121 Commercial/Tom Cravens: Request for approval of a
preliminary plat for the Paige-SH 121 Commercial Addition located at the northeast corner
of the intersection of Paige Road and State Highway 121. The 94.87 acre tract is currently
undeveloped and is zoned Planned Development 9 (PD-9) for the (BP) Business Park District.
Sam Chavez, City Planner, explained that the Planning and Zoning Commission had continued the
applicant's request at the October 22,1996 meeting to November 12, 1996 in order to allow the
applicant time to address the concerns of staff. On November 12, 1996, the Planning and Zoning
Commission concur with the applicant's request for continuance to allow the applicant's request to
the November 26, 1996 meeting. Mr. Chavez further explained that the applicant has submitted a
revised copy of the preliminary plat that conforms with staff stipulations with the exception of staff
stipulation No. 4. a.
Tom Cravens, Benchmark Group of Texas, Inc. representing JWV, stated that the developers have
no problem conforming with staff stipulation No. 4a.
Mr. Cravens further explained that JWV will conform with the City's Thoroughfare Plan.
Motion to Approve 10-96PP1 Paige Rd. SIt 121 Commercial, subject to staff stipulations:
Commissioner Crocker: Second Commissioner Agnew; motion carried 6-0.
6. 10-96FP1, Centennial Center Addition/Tom Cravens: Request for approval of a final
plat for Lot 1, Block 1, of the Centennial Center Addition located at the northeast corner of
the intersection of Paige Road and State Highway 121. The 1.7422 acre tract is currently
undeveloped and is zoned Planned Development 9(PD-9) for the (BP) Business Park District.
Sam Chavez, City Planner, explained that the Planning and Zoning Commission had continued the
applicant's request at the October 22,1996 meeting to November 12, 1996 in order to allow the
applicant time to address the concerns of staff. On November 12, 1996, the Planning and Zoning
Commission concarred with the applicaflt's request for continuance to allow the applicant's request
Page 2
Planning & Zoning Commission meeting: 11-26-96
to the November 26, 1996 meeting.
Tom Cravens, Benchmark Group of Texas, Inc. representing JWV, advised that the developer will
add point of reference for line beating to final plat, that they have no problem with staff stipulation.
Motion to approve 10-96FPI Centennial Center Addition, subject to staff stipulations-
Commissioner Crocker; Second Commissioner Agnew; motion carried with 6-0.
7. 11-96FP1, Office Creek Addition/Mostafa, The Dimension Group, Inc. Request for
approval of a final plat of the Office Creek Addition located at the northwest comer of the
intersection of the intersection of F.M. 423 and State Highway 121. The 01.207 acre tract
is undeveloped and is zoned for the (BP) Business Park District.
Sam Chavez, City Planner, explained that the proposed plat shows the necessary fifteen (15) feet of
right-of-way dedication for F.M. 423 and additional 2.8 feet of tight-of-way dedication along
Highway 121. The proposed dedication of tight-of-way along F.M. 423 conforms with the city's
Thoroughfare Plan, however, enhanced right-of-way widths have been established in the S.H. 121
Corridor Guidelines which requires a total of 160' of right-of-way at the intersection of F.M. 423
and State_Highway 121. Mr. Chavez recommends that the additional (10) ten feet of right-of-way
not be dedicated at this time and be placed in a street easement for future use if necessary. Mr.
Chavez advised that they are two access easements proposed on the final plat, one at the northeast
corner of the site and the second along the west property line. Both will be dedicated by separate
instrument and should be field in Denton County and noted on the plat as mutual access easement
on the plat prior to filling final plat.
Mostafa Setayesh, P.E., The Dimension Group, Inc., advised that they have no problems with staffs
stipulations.
Motion to approve ll-96FP1, Office Creek Addition subject to staff stipulations,
Commissioner Rudel; Second Commissioner Agnew; motion carried with 6-0.
PUBLIC HEARING
8. 11-96Z1, Stewart Peninsula, Truman Edmin.~ter. Carter & Burgess, Inc Approval of
an amendment to Planned Development 8 (PD8) zoned for the (SF) Single Family Residential
District to add approximately forty (40) acres. The site is west of F.M. 423, on both sides of
North Colony Boulevard and the subject acreage is currently located in unincorporated
Denton County.
Page 3
Planning & Zoning Commission meeting: 11-26-96
Mr. Chavez, City Planner, explained that the applicant is requesting approval of an amendment to
Planned Development 8 (PD8) to add approximately forty (40) acres to the exiting PD. The subject
acreage is currently undeveloped and is currently located in unincorporated Denton County. The
acreage is the topic of the current annexation petition that should be completed on December 2, 1996.
The proposed amendment establishes Tracts Fl-F4 for the existing PD. With the exceptions of Tract
FI, the remaining tracts are compatible with the adjacent tracts in relation to lots sizes, lot depths and
widths and setbacks.
Mr. Chavez further explained that Tract F1 represents a small cluster of atypical dwelling units on
atypical lots. With Tract F 1 providing an unconventional lot accessibility, due to its isolation from
the reminder of the development as a separate cluster.
Rusty Nicholas, Developer, advised that they have no problems with staffs stipulations and that these
issues would be addressed at time of plating.
Residents of Stewart Peninsula, Scott Clement, Sissy Bower, Teresa Sidewall, David Ellison, Philip
Romo, George Wheeler, Tammy McDonald, Belinda Wood, Kim Riggs, and Daniel Bower expressed
their concerns on the following issues:
The residents of Stewart Peninsula were not notified of the proposed townhomes, the impact
it would have on property values, traffic in the area with the only access being North Colony,
the additional townhomes, the type of people townhomes would attract; and what happens
if they do not sale, would they become rental property.
Rusty Nicholas, Developer, explained that adding these 50 units would have no impact on traffic that
overall density for the PD was 870 units, however the last amendment resulted in an overall density
of 750 units, thus being lower.
Sam Chavez, included that the original overall density for the PD was 4.24 dwelling units per acre
or a density cap of 870 units, however, the last amendment to the 193.476 acre PD resulted in a
reduction in the overall density to 3.88 dwelling units per acre or a density cap of 750 units. The
current proposed 233.206 acre PD, including the 40 acres, now has an overall density of 3.72
dwellings units per acre or a density cap of 867 units, thus the new overall density is still lower than
the 4.0 dwelling units per acre density used for planning purposes by the city's traffic engineers. Mr.
Chavez explained that the original traffic study is still valid due to the higher number of units used
during the time of the study.
Several residents of Stewart Peninsula disagreed with the recommendation for approval of the
amendmem to Planned Development 8 (PD-8), they recommended the most effective way to resolve
the problem would be to disapprove this request at this time.
Page 4
Planning & Zoning Commission Meeting: 11-26-96
Motion to close the Public Hearing and to approve 11-96Z1, Stewart Peninsula, subject to
staff stipulations, with the exception of staff stipulation 1-3, Commissioner Crocker; Second
Commissioner Hubbard; motion carried with 6-0.
9. 10-96SUP1, Centennial Center I / Tom Cravens; Request for approval of a specific use
permit for a beverage store for the sale of beer, wine, and liquor for off-premise consumption
and site plan approval on Lot 1, Block 1 of the Centennial Center Addition located at the
northeast comer of the intersection of Paige Road and State Highway 121. The 1.74 acre
site is undeveloped and is zoned Planned Development 9 (PD-9) for the (BP) Business Park
District.
Sam Chavez, City Planner, explained that the Planning and Zoning Commission had continued the
applicant's request at the October 22,1996 meeting to November 12, 1996 in order to allow the
applicant time to address the concerns of staff. On November 12, 1996, the Planning and Zoning
Commission concur with the applicant's request for continuance to allow the applicant's request to
the November 26th meeting. Mr. Chavez, explained that the applicant is requesting approval of a
specific use permit for a beverage store for the sale of beer, wine and liquor for off premise
consumption and site plan approval.
Tom Cravens, Benchmark Group of Texas, Inc. representing JWV, advised that a revised site plan
which conforms with staffs's stipulations along with No.s 3,5,12,18,20,23 and 24 will be provided
to Sam Chavez, City Planner for staffs review. Mr. Cravens explained that they have deleted the
restaurant and assocted drive-thru facility.
Lengthy discussion was held regarding the median opening. Mr Cravens advised that the median
opening would be in place, at time of construction.
Motion to close the Public Hearing and to approve 10-96SUP1 Centennial Center, subject to
staff stipulations including that a certificate of occupancy shall not be issued for the site until
the median opening and access drive is constructed-Commissioner Crocker; Second
Commissioner Agnew; motion carried 6-0.
10. 10-96SUP2 Centennial Center IF Tom Cravens: Request for approval of a specific use
permit for the sale of beer and wine for off-premise consumption and site plan approval on
Lot 1, Block 1 of the Centennial Center Addition located at the northeast comer of the
intersection of Paige Road and State Highway 121. The 1.74 acre site is undeveloped and is
zoned Planned Development 9 (PD-9) for the (BP) Business Park District.
Page 5
Planning & Zoning Commission Meeting: 11-26-96
Sam Chavez, City Planner, explained that the Planning and Zoning Commission had continued the
applicant's request at the October 22,1996 meeting to November 12, 1996 in order to allow the
applicant time to address the concerns of staff. On November 12, 1996, the Planning and Zoning
Commission concur with the applicant's request for continuance to allow the applicant's request to
the November 26,1996 meeting. Mr. Chavez, explained that the applicant is requesting approval of
specific use permit for sale of beer and wine for off premises consumption and site plan approval.
Tom Cravens, Benchmark Group of Texas, Inc. representing JWV, advised that a revised site plan
which conforms with staffs's stipulations along with No.s 3,5,12,18,20,23 and 24 will be provided
to Sam Chavez, City Planner for staffs review.
Motion to close the close Public Hearing and to approve 10-96SUP2 Centennial Center II,
subject to staff stipulations, including that a certificate of occupancy shall not be issued for the
site until the median opening and access drive is constructed- Commissioner Rudel; Second
Commissioner Agnew; motion carried 6-0.
11. ll-96SUP1, San Antonio Tex-Mex Restaurant: Request for approval for specific use
permit where the sale of beer, wine and/or liquor is incidental to the serving of food, located
northwest of the intersection of Paige Road and South Colony Boulevard. The 5,600 square
foot lease space is currently vacant and the site is zoned for (SC) Shopping Center District.
Mr. Sam Chavez, City Planner, advised that the applicant is not present at this time and asked that
11-96SUP 1 be moved to the next Planning and Zoning scheduled meeting December 10, 1996.
Motion to continue ll-96SUP1 San Antonio Tex-Mex to the December 10, 1996 Planning and
Zoning Commission meeting -Commissioner Rudel; Second Commissioner Crocker; motion
carried 6-0.
12. 11-96SUP2 "Cougar" Colony Water Tower Antenna/ William E. Cothrum.
Masterplan: Request for approval of a specific use permit for wireless communication
antennas and an equipment cabinet located west of Blair Oaks Drive, on the north side of
Clover Valley. The 1.296 acre site is currently supports an existing water tower and is zoned
for the (SF) Single Family Residential District.
Sam Chavez, City Planner, explained that the applicant is requesting approval of a specific use permit
for cellular antennas. The applicant proposes to mount nine (9), six foot high wireless communication
antenna panels on the city's existing water tower located east of Blair Oaks Drive, on the north side
of Clover Valley.
Page 6
Planning & Zoning Commission Meeting: 11-26-96
Mr. Chavez further explained that PrimeCo Personal Communication, L.P. is the service provider and
is working with the city manager on securing a lease agreement for the proposed facility. The lease
agreement is tentatively scheduled for the December 2, 1996, city council meeting. Based on its co-
existence with the city's structure, the applicant's proposal should not have any negative impact on
the surrounding area.
William E. Cothrum, PrimeCo Personal Communications, L.P., advised that the proposed antenna
will not have a negative impact to the surrounding property.
Motion to dose the Public Hearing and to approve 11-96SUP2 "Cougar" Colony Water Tower
Antenna, subject to staff stipulations- Commissioner Crocker; Second Commissioner Agnew;
motion carried 6-0.
13. ll-96SUP3 Office Creek I/Mostafa Setayesh, The Dimension Group, Inc.: Request for
approval ora specific use permit for a beverage store for the sale of beer, wine and liquor for
off-premise consumption and site approval, located at the northwest corner of the intersection
of F.M. 423 and Highway 121. The 01.207 acre tract is undeveloped and is zoned for the
(BP) Business Park District.
Sam Chavez, City Planner, explained that the applicam is requesting approval of a specific use permit
for a beverage store for the sale of beer, wine, and/or liquor for off premise consumption and related
site plan. The site contains a 7,861 square foot structure, with 5,790 square feet being the subject
area of this request. The applicant's proposal conforms with all distance criteria for such uses and
its location is appropriate. The site is surrounded by future non-residential uses with access to two
(2) arterial thoroughfares. Staff recommends approval.
Mostafa Setayesh, The Dimension Group, Inc. stated that they have no problems with staffs
stipulations.
The Commission asked about the exterior finishes for the site and the type of structure.
Mr. Setayesh showed elevations of the building, showing the exterior finishes, with a harmonious
design.
Motion to dose the Public Hearing and to approve 11-96SUP3, Office Creek I, subject to staff
stipulations, Commissioner Rudel; Second Commissioner Crocker; motion carried with 6-0.
14. 11-96SUP4 Office Creek IF Mostafa Setayesh, The Dimension Group. Inc.: Request
for approval of a specific use permit for the sale of beer and wine for off-premise
Page 7
Planning & Zoning Commission Meeting: 11-26-96
consumption and site approval, located at the northwest comer of the intersection of F.M.
423 and Highway 121. The 01.207 acre tract is undeveloped and is zoned for the (BP)
Business Park District.
Sam Chavez, City Planner, explained that the applicant is requesting approval of a specific use permit
for the sale of beer and wine for offpremise consumption and related site plan. The site contains a
7, 861 square foot structure, with 2, 071 square feet being the subject are of this request. The
convenience/gasoline service station conforms with separation criteria for such facilities from a church
school and hospital facilities. There are no separation criteria for such facilities from beverage stores.
The site is surrounded by non-residential uses with access to two (2) arterial thoroughfares. Staff
recommends approval.
Mosafa Setayesh, P.E., The Dimension Group, Inc., stated they have no problems with staffs
stipulations.
Motion to close the Public Hearing and to approve 11-96SUP4, Office Creek H, subject to staff
stipulations, Commissioner Rudel; Second Commissioner Crocker; motion carried with 6-0.
STAFF REPORT
The following items were reported:
a. Advisory Committee Meeting
b. Update on Council Meeting
With no further business, the meeting was adjourned at 11:05 ~/]~ fr~
:tev~n~ S~~)ff, Chair~
ATTEST:
Elizfl~th Fitzgerald, l~c(6rding Secretary
Page 8
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON DECEMBER 10, 1996
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 -2~rth day of~ at City Hall with the following members
pre sent: l 'l~ E~_a~l-~ ~
Brian Baker Present
Gloria Rudell Present
Steven Swerdloff Present
Barbara Crocker Present
DeVille Hubbard Present
Joe Agnew Present
John Anderson Present
Mr. Sam Chavez - City Planner and Elizabeth Fitzgerald - Recording Secretary were in attendance
as staff representatives. With seven (7) members present, with Commissioner Crocker arriving at
8:50 pm, a quorum was established and the following items were addressed:
2. MINUTES: Approval or correction of the November 26, 1996, Planning and Zoning
Commission Minutes:
_ Motion to approve the minutes of the meeting held November 26, 1996, Commissioner
Agnew: Second - Commissioner Rudel; Motion passed with a vote 5-0-1, Commissioner Baker
abstaining.
3. CITIZEN INPUT
None.
PUBLIC HEARING
4. ll-96SUP1, San Antonio Tcx - Mex Restaurant; Request for approval of a specific use permit
for the sale of beer, wine and / or liquor incidental to the serving of food, located north west of the
intersection of Paige Road and South Colony Boulevard. The 5,600 square foot lease space is
currently vacant and the site is zoned for the (SC) Shopping Center District. This item was continued
from the November 26, 1996 Planning and Zoning Commission meeting.
Sam Chavez, City Planner, advised that the applicant is not present at this time. Mr. Chavez further
explained that Mr. Ojeda was notified of this meeting.
Page 1
Planning & Zoning Commission Meeting: 12-10-96
Mr. Ojeda's not being present prompted concerns.
Commissioner Agnew, explained that due to the fact that Mr. Ojeda's had been notified, he
recommends that the Commission deny acceptance of the application.
Motion to close Public Hearing and to deny acceptance of application ll-96SUP1 San
Antonio Tex - Mex, subject to applicant not present: Commissioner Agnew: Second
Commissioner Hubbard; motion carried 7-0.
OTHER BUSINESS
a. Planning and Zoning Commission Worksession: Review and discussion by the
Commission and interested parities of the Transportation Study for Stewart Creek Peninsula/
City of The Colony.
Hal Jones, Hunter and Assoc. was present to give an overview of the study to evaluate the need and
feasibility of providing additional access points for Stewart Creek Peninsula. Mr. Jones further
explained that The City authorized Hunter and Assoc, Inc. to conduct a Transportation Study of
Stewart Creek Peninsula, to determine the need for the 4U-B Thoroughfare and evaluate various
alternative routes.
Mr. Jones explained, that there is only one primary arterial access point to Stewart Peninsula, North
Colony Blvd, which is located along the south side of Stewart Peninsula which is a four lane
thoroughfare that has a level "C" capacity of 20,000 vehicles per day. Additional access point are
provided by residential streets Lamer and Carr Street. The northern portion of Stewart Peninsula
known as Eastvale Area, is accessed by West Lake Highlands, and has no direct access to the
remaining Stewart Creek Peninsula. The City's Thoroughfare Plan provides for a 4U-B collector
thoroughfare to provide additional access to Stewart Creek Peninsula. Issues have recently developed
which question the need for the 4U-B collector thoroughfare, including the City of Frisco revising
their Thoroughfare Plan eliminating the east-west extension of Overlake Drive between Fm 423 and
North Dallas Toll Road.
Mr. Jones, provided the demographics for each area which included existing dwelling units the density
unit per area, vehicle trip generated by designed areas showing the existing weekly day trips and an
ultimate weekly day trip of 31300. Mr. Jones provided a weekday trip assignment for Stewart Creek
Peninsula, with the existing volume and the ultimate volume. With a conclusion that the existing
thoroughfare system for Stewart Creek Peninsula cannot handle the ultimate traffic that will be
generated. Mr. Jones stated that additional capacity must be obtained by construction of a new
thoroughfare or improving the existing thoroughfare. Mr. Jones, also stated that if the City is to
maintain a Level "C" Service, an additional 9800 vehicle lane capacity must be constructed.
Page 2
Planning & Zoning Commission Meeting: 12-10-96
Mr. Jones, explained that seven (7) alternatives were looked at in detail, along with alternatives 8
and 9. Mr. Jones went over each alternative. Based on the results of the Transportation Study for
Stewart Creek Peninsula including land use, traffic forecasting, alignment alternatives, construction
cost and cost benefits, Stewart Creek Peninsula has the potential residential growth of 2830 dwellings
units or a population of 8773. The ultimate weekday trip generated on Stewart Creek Peninsula
will be approximately 31,300 vehicles per day. North Colony Blvd., Lamer St., Cart St. and West
Lake Highlands will exceed Level Service"E" operation. Therefore an additional 9800 vehicle per day
lane capacity must be constructed to maintain a Level Service "C". Alternatives 5 and 6 have the
least construction cost, 1.021 million dollars and 1.724 million dollars, respectively, however,
alternative 5 does not provide the minimum increase incapacity requirements (9800 vehicle per day).
Alternative 6,7,8 have the best cost benefit, with the best solution for improving mobility for traffic
on Stewart Creek Peninsula.
James Fee and Bemetta Hensville-Shannon, residents of The City of The Colony, presented the
Commission with altematives to the Transportation Study. Explained that the residents of Stewart
Creek Peninsula and Eastvale felt that alternatives 4-6 are not options, and that the Commission and
the City Council need to work with the residents to provide a more acceptable
solution to this problem.
Residents of Stewart Peninsula and Eastvale, James Fee, Berentta Hensville-Shannon, David Greer,
Sherry Grover, Mike Connor, Pat Davis, Robin Hill, Scott Meyers, Judy Parrish, Steven Wise, Betty
Roush, O.T. Hall, Randal Williams, Stacy Walling Anna Garcia, Laurie Smith, John La Rue, Sue
Herbert, Belinda Adams, Jason Walling, Brain Adams, John Allen, Sissy Bower, Alan Walling, Diana
Reid, Steve Wilkerson, John Forball, Evie Wood, David Augress and A.T. Hull, stated that:
The residents of Stewart Creek Peninsula and Eastvale felt that they were not given proper
notice of the proposed Transportation Study for Stewart Peninsula. Other concerns are the
impact of traffic on the streets, safety of the children, property values, added problems to
already existing intersections, loosing part of their front yards and filling that they are being
punished for the new development.
Sherry Grover asked the Commission and Sam Chavez, City Planner, "with Stewart Peninsula having
this much impact on the streets why are we still issuing permits to developers for more homes to be
built".
The residents of Stewart Peninsula and Eastvale disagreed with all recommendations of the
study, and requested that the Commissioners allow James Fee and Hal Jones of Hunter & Assoc, inc.
to set a time to go over other alternatives.
Chairman Swerdloff explained that this was a work session and recommendation would be made at
the time the item was presented to the Commission.
Page 3
Planning & Zoning Com~issionMeeting: 12-10-96
ITEMS FOR CONSIDERATION:
6. 12-96MM1, Transportation Study for Stewart Creek PeninsulaJ City of The Colony:
Request for review and approval of proposed collection alignment alternatives as presented in the
Transportation Study for Steward Creek Peninsula. The peninsula is generally located on the west
side of F.M 423, on the north and south side of North Colony Boulevard. The site is predominantly
zoned for single family uses.
Commissioner Agnew made a motion that items 1-6 not be considered Option 7 revised, Widening
North Colony Blvd. and Keys, and to also include option 8 that Hal Jones presented be considered,
and that the Commission not send a recommendation to City Council at this time.
Commissioner Crocker added to the Motion that Hal Jones and James Fee to work together on the
above options.
Motion to continue: Commissioner Agnew: Second Commissioner Crocker; motion carried
%0°
STAFF REPORT
The following items were reported:
a. None
With n° further business' the meeting was adj°urned at 11:45 ~A~
~tev~w~rdl-ofi, C~aih/nan
ATTEST:
]~li~th Fitzgerald, R~ing Secretary
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