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HomeMy WebLinkAbout1981 P&Z MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON FEBRUARY 10, 1981 A REGULAR MEETING of the Planning and Zoning Commission of the City of The Colony was called to order at 7:30 p.m. with the following members present: Judy Oaks Chairman Frank Henry Member Ken Souther Member Jeff Zimmerman Member and although Member Kerry Schuck was absent, a quorum was established. 1. APPROVAL OF MINUTES The minutes of the meeting of December 9 were not available at this time. 2. PUBLIC HEARING REGARDING AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE TO ALLOW DUPLEX RESIDENT STRUCTURES ON 60-FOOT LOT WIDTHS; A MINIMUM SQUARE FOOTAGE OF 1800; AND CARPORT CONSTRUCTION AT THE REAR OF THE STRUCTURE Member Zimmerman moved that the Public Hearing be opened. Seconded by Member Henry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mr. Frank Graham of Fox & Jacobs, Inc. was present to speak to the Commis- sion regarding this duplex zoning. The Commission, after hearing Mr. Graham's presentation, recommended a change in Section 2 of this ordinance as follows: SECTION 2. That the Comprehensive Zoning Ordinance be, and the same is hereby, further amended to amending Section 11-301, Schedule Minimum Floor Area Per Dwelling Unit, to provide minimum floor area per dwelling unit for duplex of 900 square feet per dwelling unit (1800 square feet total). Mr. I. R. Bradburry, Director of Community Development, clarified some points on carports for the Commission. There being no further comments for or against the zoning change, Member Zimmerman moved to close the Public Hearing. Member Souther seconded, and the motion was passed by the following vote: Ayes: All members present voted aye Noes: None At this time, Member Zimmerman noted that he would like a definition from the attorney on exactly what constitutes a carport. Member Zimmerman then moved to approve the zoning request with the revision to Section 2 and with an addition to Section 3 stating that supporting poles for a carport shall be a minimum of 10 feet from the concrete alley and that we also request that a definition for carports be added to this amendment. Seconded by Member Henry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None -1- 3. PUBLIC HEARING UPON THE REQUEST OF FOX & JACOBS, INC. FOR A SPECIFIC USE CHURCH ZONING ON A FIVE-ACRE TRACT LOCATED AT THE INTERSECTION OF KEYS DRIVE AND ANDERSON DRIVE Member Zimmerman moved to open the Public Hearing. Seconded by Member Souther, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mr. Frank Graham also spoke to the Commission regarding this church zoning. There was some discussion regarding the size of the tract. Mr. Graham stated that five acres was more than adequate for a church zoning. There being no further comments for or against the zoning change, Member Zimmerman moved to close the Public Hearing. Seconded by Member Henry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None After a short general discussion of the process churches go through for approval of plans with Fox & Jacobs before applying for a specific use zoning, Member Souther made the motion to approve this specific use church zoning. Seconded by Member Henry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF PRELIMINARY PLAT ON PHASE 5 SUBDIVISION Member Zimmerman stated that he would like further clarification from the traffic engineers regarding North Colony possibly connecting with Highway 121 in the future, due to his concern that this would create more problems with traffic getting in and out of The Colony, before approving this. Mr. Frank Graham of Fox & Jacobs stated that this was not an emer- gency and that if he had to wait up to two months, there would be no particular impact on Fox & Jacobs. He concurred with the concerns regarding traffic to and from The Colony, as well as some specific ques- tions the Commission had regarding the way in which streets were laid out in this subdivision plat. This will be considered again at the next meeting after further clarification. 5. REVIEW OF PROPOSED SIGN ORDINANCE Due to the fact that the Commission did not have at this time the list of recommended amendments to this ordinance, this will be reviewed at the next meeting. There being no further action to be taken by the Commission, Member Zimmerman moved to adjourn. Seconded by Member Souther, the motion was passed by the foil. owing vote: Ayes: Ail members present voted aye Noes: None Chairman Oaks adjourned the meeting at 8:55 p.m. ATTEST: Judy Oaks, Chairman Barbara stiefer, cretary --2-- MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MARCH 17, 1981 A REGULAR MEETING of the Planning and Zoning Commission of the City of The Colony was called to order at 7:30 p.m. with the following members present: Kerry Schuck Member Frank Henry Member Ken Souther Member Jeff Zimmerman Member and although Chairman Judy Oaks was absent due to illness, a quorum was established. 2. PUBLIC HEARING REGARDING A ZONING CHANGE REQUEST FROM LEWISVILLE INDEPENDENT SCHOOL DISTRICT ACTING AS AGENT FOR FOX & JACOBS FOR PROPERTY PRESENTLY ZONED AS SINGLE FAMILY TO A SPECIFIC USE/SCHOOL CLASSIFICATION. SAID PROPERTY BEING A 10 ACRE TRACT LOCATED ON STEWART'S CREEK PENINSULA AT THE INTERSECTION OF AUGUSTA STREET AND ANDERSON DRIVE Acting Chairman Kerry Schuck advised the Commission that they would proceed to agenda item number two, as the meeting could possibly be adjourned due to severe weather. Member Henry moved that the Public Hearing be opened. Seconded by Member Souther, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mr. Marshal Durham, Assistant Superintendent of the Lewisville Independent School District, was present to present to them the 10-acre site that is proposed to be zoned Specific Use Permit/School. He told the Commission that the school is scheduled to be completed and opened in the school year September 1982. This school would be an elementary school and contain approximately 69,000 square feet. The basic plan would be very similar to Peters Colony Elementary School, an existing school in The Colony. Mr. Bradburry, Director of Community Development, advised the Commission that the zoning is satisfactory on the 10-acre land site located at Anderson Drive and Augusta Drive in Colony Subdivision No. 24 but that he and the city engineer were concerned with traffic flow on that site. However, the site plan would be reviewed in detail and a building permit would not be issued until these problems were resolved. There were no members of the audience to speak for or against this zoning. Member Henry then moved to close the Public Hearing and to recommend to the City Council that this zoning request be approved as presented. Seconded by Member Souther, the motion was passed by the following vote: Ayes: Members Schuck, Henry and Souther Noes: None Abstention: Member Zimmerman Mr. Zimmerman noted that he would abstain as he was late in arriving and did not have all the facts available to him at this time. 1. APPROVAL OF MINUTES After review, Member Zimmerman moved that the minutes of the regular session held on February 10, 1981, be approved as presented. Seconded by Member Souther, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None -1- 4. PUBLIC HEARING REGARDING A ZONING CHANGE REQUEST FROM FOX & JACOBS FOR PROPERTY PRESENTLY ZONED AS SINGLE FAMILY TO A DUPLEX CLASSIFI- CATION ON 48.3 ACRES OF LAND LOCATED IN PHASE V IN THE NORTHEAST AREA OF THE CITY It was noted that this agenda item Number 4 should be considered before the agenda item Number 3 as they were interrelated. Member Zimmerman moved to open the Public Hearing. Seconded by Member Souther, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: none Mr. Frank Graham of Fox & Jacobs, Inc. was present to present this request to the Commission. He advised the Commission that they were requesting Duplex zoning on areas originally zoned Single Family. This area is located south of North Colony Boulevard directly north of IBM property and separated by a major thoroughfare (North Colony Boulevard) from other development. Member Henry asked what would be the number of total lots developed on these 48 acres. Mr. Graham advised him that it would be over 200 lots which would include over 400 separate duplex units. Member Zimmerman expressed concern that such a large acreage was requested to be zoned duplex at one time, and he was also concerned with the concen- tration of units in one area. It was his personal preference that units such as duplexes be dispersed in smaller densities throughout the city. Acting Chairman Schuck also agreed and was concerned with 400 dwellings in one area. Frank Graham did advise that to ease traffic flow, North Colony Boulevard had been changed to 60 feet in width. There followed a lengthy discussion regarding traffic flow out of this area. Member Zimmerman expressed the concern of the board that residents would use the shortest route out of the area rather than North Colony. This would cause heavy traffic on the existing Baker Drive. Member Henry asked if this development could be done west of 423 south of Stewart's Creek Peninsula? Mr. Graham answered that at this time it was not practical to develop west of 423 as the utilities were not available. The Commission was also concerned with traffic flow out of that area and asked if there was any possibility that North Colony Boulevard would be continued east over the railroad tracks to intersect with State Highway 121. Mr. Graham stated that he was of the opinion that this would not happen until EDS developed and a need for this connection was created. This connnection would be built by the property owners and developers in that area east of the railroad track and outside of The Colony's city limits. After a lengthy discussion of the traffic flow out of the duplex area, Member Henry made the motion to close the Public Hearing and approve the zoning request for the area located east of the drainage and deny the zoning request for the area west of the drainage. Member Zimmerman seconded this motion. The motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF PHASE V PRELIMINARY PLAT Mr. Tom Cravens, a representative of Fox & Jacobs, stated that they had made the changes requested by P&Z at the February 10 meeting. The alleyways along North Colony will no longer empty into this street, and the alleyway between Faris and Fisher has been split. Also, Tom Cravens advised them that the street names that were duplications of existing streets have been corrected. Member Zimmerman expressed additional concern regarding the lots along the north-south collector street identified as Underwood, particularly on the curve. Mr. Cravens advised that this would be a minimum radius on the curve and should not create any traffic problems and, in fact, slow down residential traffic. There followed a lengthy discussion regarding the options on this particular street and problem with Baker Street in the formerly requested zoning area. It was finally agreed to and put into a motion by Member Zimmerman that the preliminary plat on Phase V would be approved with the following corrections: *This sentence should be struck from these minutes--"Member Henry asked if this development could be done west of 423 south of Stewart"s Creek Peninsula." -2- 12o Underwood Street north of Faris will dead end into Faris Underwood Street on the south side of Faris would be straightened eliminating the curve and cul-de-sac at Akers Baker Street will cul-de-sac on the west end at the southwest corner of the plat and Baker would be connected with Perrin at some point west of French Drive Member Henry seconded this motion. Prior to voting, the Commission did discuss the cul-de-sacking bulb effect on Baker and the intersections due north. The Commission did concur that they did not want to offset the intersections of other streets due to this cul-de-sac requirement. There being no further discussion, Chairman Zimmerman called for a vote on the motion on the floor, and it was passed by the following vote: * Ayes: All members present voted aye Noes: None 5. PUBLIC HEARING REGARDING PROPOSED AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE TO REQUIRE A SPECIFIC USE ZONING FOR ESTABLISHMENTS SERVING BEER, WINE OR LIQUOR Member Zimmerman moved that this Public Hearing be opened and, in that no citizens were present to speak for or against this item, it be continued at P&Z's regular meeting to be held on April 7, 1981. Seconded by Member Souther, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 6. PUBLIC HEARING REGARDING PROPOSED AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE TO ESTABLISH A GENERAL DEFINITION FOR A "CARPORT" Member Zimmerman moved that this Public Hearing be opened and, since no citizens were present to speak for or against this agenda item, the Public Hearing be continued at the April 7 regular meeting. The motion was seconded by Member Schuck and passed by the following vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF PROPOSED SIGN ORDINANCE Acting Chairman Schuck recommended that this be tabled and that Chairman Oaks be contacted regarding the arrangement of a special session in the a.m. with the attorney present to finalize this ordinance for presentation to the Council. After discussion, the Commission also concurred that the engineer should be present at this meeting. There being no further action to be taken at this time, Member Zimmerman moved that the meeting be adjourned. Seconded by Member Henry, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Acting Chairman Schuck adjourned the meeting at 9:30 p.m. ATTEST: Kerry Schuck, Acting Chairman Janice Carroll, City Secretary -3- *This sentence should state that the vote was called for by Acting Chairman Schuck. 12J MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON APRIL 7, 1981 A REGULAR MEETING of the Planning and Zoning Commission of the City of The colony was called to order at 7:30 p.m. with the following members present: Judy Oaks Chairman Kerry Schuck Member Frank Henry Member Ken Souther Member and although Member Jeff Zimmerman was not in attendance, a quorum was established. 1. APPROVAL OF MINUTES Mr. Henry stated that he would like, in agenda item No. 4 of the minutes of the meeting held on March 17, 1981, his question to Frank Graham regarding the development of Stewart's Creek Peninsula struck from the minutes. It was so noted. Member Schuck also noted that, in agenda item No. 3 of the same minutes, the final sentence identified Mr. Zimmerman as Chairman of the meeting rather than himself and that this typographical error should be corrected. It was so noted. At this time, Member Henry moved that the minutes of the December 9, 1980 meeting be approved as presented and that the minutes of the March 17, 1981 meeting be approved with the above noted corrections. Seconded by Member Schuck, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. CONTINUANCE OF PUBLIC HEARING REGARDING PROPOSED AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE TO REQUIRE A SPECIFIC USE ZONING FOR ESTABLISHMENTS SERVING BEER, WINE OR LIQUOR Member Henry moved that the Public Hearing be reopened at this time. Seconded by Member Schuck, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None At this time, Member Henry stated that this proposed specific use ordinance did give the city more flexibility on a case-by-case basis due to the specific use zoning. After discussion, it was determined that the Planning and Zoning Commission did agree with prohibiting such establishments in commercial and industrial zoning classifications, however, they did disagree with a food service requirement being put on any club serving alcoholic beverages. After a lengthy discussion, Chairman Oaks and Member Schuck stated they felt that it was discriminatory to put these restrictions on any one type of commercial development, however, Member Schuck stated that he felt that these establishments serving liquor should be allowed in shopping center and general retail classifications only. Based on the discussion, Member Schuck did make the motion that the Council be advised that it is their recommendation that the specific use ordinance, as presented to them for review, is discriminatory although they did recom- mend limiting such establishments serving beer, wine or liquor to shopping center and general retail classifications only. Seconded by Member Henry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None At this time, there being no further discussion for or against this zoning ordinance, Member Souther made the motion to close the Public Hearing. Seconded by Member Schuck, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None --1-- 133 3. CONTINUANCE OF PUBLIC HEARING REGARDING PROPOSED AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE TO ESTABLISH A GENERAL DEFINITION FOR A "CARPORT" Member Souther moved that the Public Hearing be reopened at this time. Seconded by Member Henry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Janice Carroll presented to the Commission points that the attorney recommended they consider in establishing this definition. They are as follows: 1. Accessory use in a residential district 2. This should be defined as a private garage designed for the parking of vehicles and should belong to the owner of the dwelling 3. This should be an open building with a canopy and allow only a certain percentage of the structure to be enclosed 4. The carport could possibly be defined as attached to the house 5. Construction material could be required to be the same as the main dwelling There followed a lengthy discussion of this definition and the Commission did agree that the definition should definitely limit a carport to private use in residential areas. The Commission did bring up some questions regarding the definition of a detached carport. Chairman Oaks was concerned that the definition of carport not be in conflict with the duplexes that presently are allowed carports. The Commission felt that they could not make an accurate recommendation until a staff member was present to present more detail to them regarding the city's specific needs in this area. Member Henry then moved that this Public Hearing be postponed until May 7, 1981. Seconded by Member Schuck, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF PROPOSED SIGN ORDINANCE Janice Carroll advised the Commission that she had reviewed the proposed changes to the sign ordinance with Robert Dillard, attorney for the city, and that he was in concurrence with the majority of them. He did advise the Commission on the following points: 1. The sign ordinance must be maintained as a separate ordinance from the Comprehensive Zoning Ordinance, however, if there is a section that is in conflict with the zoning ordinance, said zoning ordinance would prevail. 2. Dillard stated that this sign ordinance could be pre- sented as Exhibit A of an adopting ordinance and that the fee could be changed from time to time by resolution if the adopting ordinance so states. 3. He advised the Commission that Section 1.107 (c) is not enforceable, however, paragraphs (a) and (b) are correct and should remain in the ordinance. He further advised that this is a gray area of enforcement but that a section should be included requiring that owners main- tain their signs in a safe condition and that citations could be issued on a sign that is unsafe. 4. He recommended that size be defined generally in the definition section of the ordinance but that any prohi- bitions on size be included only in the regulatory sections. 5. Master I.D. signs should also be defined as monument signs according to Mr. Dillard. -2- 13i 6. He felt that it was not advisable to require fees for the erection of temporary political signs. 7. Model home signs should be smaller in size than sub- division signs, and he did not recommend large signs at the site of the mobile homes. 8. He advised that the amortization schedule of 4 years is too short and should be lengthened. Further, he reminded the Commission that city staff must do an inventory of existing signs immediately after the passage of this ordinance. The Commission did discuss these recommendations and incorporated them as much as possible into the ordinance, with the exception of No. 7. They did feel that temporary model home signs could be allowed to be 150 square feet in area. They also asked that the amortization time be researched by staff and the proper period be inserted into the ordinance. Member Souther brought up a question regarding 1.400, paragraph 5, re- garding service station panel-type signs. They did agree that this sign displaying the current prices of fuel must be placed in the vicinity of the pumps and that only one wall sign per frontage exposure would be allowed. Janice Carroll advised the Commission she would try to have this retyped by the May 9 meeting. There being no further action to be taken by the Commission, Member Schuck moved that the meeting be adjourned. Seconded by Member Henry, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Chairman Oaks adjourned the meeting at 9:35 p.m. Judy Oaks, Chairman ATTEST: Janice Carroll, City Secretary -3- 133 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MAY 2, 1981 A REGULAR MEETING of the Planning and Zoning Commission of the City of The Colony was called to order at 7:30 p.m. with the following members present: Judy Oaks Chairman Kerry Schuck Member Frank Henry Member Jeff Zimmerman Member Ken Souther Member thus, a quorum was established, as no members were absent. 1. APPROVAL OF MINUTES Member Schuck moved that the minutes of the meeting held on April 7, 1981, be approved. Seconded by Member Henry, the motion was carried by the following roll call vote: Ayes: Members Oaks, Schuck, Henry and Souther Noes: None Abstention: Member Zimmerman 3. CONSIDERATION OF PRELIMINARY AND FINAL PLATS FOR GRIFFIN SQUARE SHOPPING CENTER Mr. James Buis of Lincoln Properties was present along with his architect to present the plat for the Zoning Commission's review. It was noted that Walmart was being developed by a separate entity. Upon review of the presented plat, Member Zimmerman was concerned with water and sewer to this area and a proper easement for fireplugs. Member Zimmerman was also concerned with the median turn in from FM 423. Mr. Buis advised the Commission that they had been in touch with the Department of Highways and Public Transportation and felt reasonably assured that a median cut would be made at the proper location. They also discussed at this time proper drainage off 423 at the time of construction. The Commission was advised that the proposed Brookshires grocery store contained 31,000 square feet, the proposed Walmart discount store contained 43,000 squre feet, and the available lease space was 31,000 square feet. Another area of concern mentioned by Member Zimmerman was the median cut on South Colony which allowed traffic to run immediately in front of the store area. Mr. Bradburry, Director of Community Development, advised the Commission that he would have the city engineer, Mike Cummings, review this problem as the cut would be extremely large. Member Souther was concerned with parking, and staff did advise the Commission that parking was more than adequate for the proposed stores. After further discussion, Member Schuck moved that the preliminary and final plats of Griffin Square Shopping Center be approved contingent upon the following points: 1. That the engineer check all easements for fire hydrants. 2. That the final plat show the joint access of a parking easement. 3. That engineer review the median cut on South Colony Blvd. to allow a turn in to the shopping area. Seconded by Member Henry, the motion was carried by the following roll call vote: Ayes: All members present voted aye Noes: None -1- 2. CONTINUANCE OF PUBLIC HEARING REGARDING PROPOSED AMENDMENT TO THE COIY~REHENSIVE ZONING ORDINiNCE TO ESTABLISH i G~NEIttL DEFINITION FOR A "CARPORT" Member Schuck moved that the hearing be reopened. Seconded by Member Henry, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None After further discussion of the attorney's recommendations, the Commission asked for Mr. Bradburry's input on this, as they were concerned that a definition not be developed that would hinder any development primarily in the duplex area. Mr. Bradburry advised them that a carport in his estimation should be allowed to be attached or detached but should have a roof only. Chairman Oaks did agree that without walls there would be less of the potential of the carport becoming a storage area. After further discussion, the Commission did agree that a carport can be attached or detached to the residential dwelling, that it shall be a roof only with no walls and should be used for the purpose of shelter for a personal vehicle. Said carport must be constructed of material approved by the current Uniform Building Code in adoption by the city. It was noted that another public hearing should be called in the near future to discuss carports in single family areas also. At this time, Member Zimmerman so moved to adopt the above outlined definition. Seconded by Member Schuck, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 4. REVIEW OF PROPOSED SIGN ORDINANCE It was decided that P&Z would review one final time this sign ordinance as presented to them at their June 2 meeting and that it would be scheduled for the June 8 Council work session and hopefully could be passed at the June 15 regular Council meeting. ~-~ 5. OTHER MATTERS THAT MAY COME BEFORE THE COMMISSION There was a brief discussion at this time, and Member Zimmerman noted that he would like for the Council to consider the planned development section of the Comprehensive Zoning Ordinance at the June 2 meeting. It was so noted. There being no further action to be taken by the Commis- sion, Member Henry moved that the meeting be adjourned. Seconded by Member Schuck, the motion was carried by the following roll call vote: Ayes: All members present voted aye Noes: None Chairman Oaks adjourned the meeting at 8:45 p.m. JUDY OAKS, CHAIRMAN ATTEST: JANICE CARROLL, CITY SECRETARY -2- MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JUNE 9, 1981 A REGULAR MEETING of the Planning and Zoning Commission of the City of The Colony was called to order at 7:30 p.m. with the following members present: Judy Oaks Chairman Kerry Schuck Member Jeff Zimmerman Member Ken Souther Member Frank Henry Member and with no members absent; thus constituting a quorum. 2. PUBLIC HEARING REGARDING ZONING CHANGE REQUEST FROM CATV FOR A SPECIFIC USE PERMIT FOR THE USE OF A MICROWAVE RECEIVER ANTENNA ON PROPERTY LOCATED ON FM 423 NORTH OF SOUTH COLONY BOULEVARD AND ADJACENT TO GRIFFIN SQUARE SHOPPING CENTER Chairman Oaks stated that they would go to Agenda Item No. 2 first prior to the other items on the agenda. At this time, Member Schuck moved that the hearing be opened. Seconded by Member Henry, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None John Rischer, representative of CATV, was present to present their request to the Planning & Zoning Commission. He stated that the land purchased by CATV adjacent to the Griffin Square Shopping Center on FM 423 was zoned shopping center when purchased from Fox & Jacobs, Inc. and construction was begun. Later in the construction process, it was noted that a microwave receiving antenna must be located on this pro- perty, and after further review of the city's Comprehensive Zoning Ordinance, it was found that to erect such an antenna would call for a specific use permit. This is the request that he is bringing before the Commission at this time. He described the tower as approximately 130 feet tall and in the shape of a four-cornered "ice cream cone" turned upside down. He emphasized that this antenna does not transmit but would only be a receiver for the Tagert Educational System channels. Atop the 130-foot tower, there would be two small dish-like receivers approximately four feet in width. Chairman Oaks was concerned that these towers had to be located adjacent to residential areas. Mr. Rischer did advise the Commission that the towers must be within 100 feet of electronic equipment. There followed a lengthy discussion among the Commission members and Mr. Rischer regarding the location. Member Henry stated that this aspect would have to be overlooked by the Commission as the cable TV had to comply with the franchise agreement with the city and, to do this, this antenna must be erected adjacent to residen- tial areas. Member Zimmerman asked if any cables would be used to secure it, and Mr. Rischer answered that it would be completely free standing. He also added that FAA required that the tower be lit. Member Souther stated that his primary concern was that the tower be secured in some way, possibly by fencing. Mr. Rischer stated that, at this time, he did not feel like it would be advisable to fence around the tower but that the office will be manned 24 hours a day, which will give some security in this respect. After further discussion of security, Mr. Bradburry, Director of Community Development, advised that to reach the first level of the tower, a ladder must be used and that this ladder should be removed when not in use. Mr. Rischer advised that this was standard procedure for the company, and it certainly would be adhered to. There were no comments from members of the audience for or against this zoning change. Therefore, Member Henry moved to close the Public Hearing and to present to the City -1- Council the recommendation that a specific use permit be granted in view of the specific circumstances involved with thisproblem, provided that some security method be required to prevent unauthorized persons in the area. Member Schuck seconded this motion. The motion was passed by the following vote: Ayes: Members Schuck, Henry, Souther and Oaks Noes: Member Zimmerman Member Zimmerman did note that his vote was not based on the circumstances, but he did not feel that a tower and receiving antenna of this nature should be located close to residential housing. 1. APPROVAL OF MINUTES After a short break, the Commission reconvened and, upon reviewing, Member Zimmerman moved to approve the minutes of the regular meeting held on May 2, 1981. Seconded by Member Schuck, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 3. REVIEW OF SIGN ORDINANCE Member Schuck recommended that the sign ordinance be rescheduled for review at the June 22 work session. 4. REVIEW OF COMPREHENSIVE ZONING ORDINANCE/PLANNED DEVELOPMENT DISTRICT Member Zimmerman at this time recommended that Mr. Bradburry review and compare the Plano planned development district with The Colony's prior to an extensive review by the Commission. Mr. Bradburry agreed. There being no further action to be taken by the Commission, Member Henry moved that the meeting be adjourned. Seconded by Member Zimmer- man, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Acting Chairman Schuck adjourned the meeting at 8:40 p.m. KERRY SCHUCK, ACTING CHAIRMAN ATTEST: JANICE CARROLL, CITY SECRETARY -2- 133 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JULY 21, 1981 A WORK SESSION of the Planning and Zoning Commission of the City of The Colony was called to order at 7:30 p.m. with the following members present: Kerry Schuck Acting Chairman Jeff Zimmerman Member Ken Souther Member Frank Henry Member Clarence Gary Member and with no members absent; thus, a quorum was established. 1. REVIEW OF THE MASTER LAND USE PLAN Mr. Dan Savage, the newly-appointed city manager for the city of The Colony, was present at this work session to meet with the Planning & Zoning Commission and review general projects and goals for this board. Janice Carroll, City Secretary, presented to the new members of the Commission a copy of the Master Land Use Plan prepared by the firm of Schrickel, Rollins & Associates in 1977. There followed a lengthy dis- cussion of this plan as well as the future land use plan. It was the consensus of the Commission that goals must be set for the city prior to a revision of the master plan. Member Henry felt that it was impor- tant that dates be set for the completion of these projects. Member Zimmerman suggested that University of Texas at Arlington students be contacted to assist in this planning project, and he further suggested that the goals and master plan could be worked on concurrently, but he did agree that a time frame must be established. He added, and the Commission concurred, that The Colony goals and master plan must coordi- nate with other cities and construction of major arteries into the northern metroplex area. 2. DISCUSSION OF GOALS FOR THE CITY This agenda item was discussed and covered concurrently with Agenda Item No. 1. 3. REVIEW OF THE COMPREHENSIVE ZONING ORDINANCE Mr. Savage advised the Commission that he was not familiar with zoning and would look forward to learning as he works with the Commission in the future. In a general discussion, the Commission did concur that in review of this zoning ordinance, several issues must be addressed as well as technical corrections. These issues are: 1. Levels of zoning in single family districts 2. Consideration of change in density requirements 3. Proper zoning regulations to control the growth on the land adjacent to State Highway 121 They also felt that it would be important to contact IBM regarding their plans for development and that written procedures for zoning changes and subdivision plat filings should be written up for their review and approval in the near future. There being no further discussion at this time, the meeting was adjourned by Acting Chairman Schuck at 10 p.m. KERRY SCHUCK, ACTING CHAIRMAN -1- 14i MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JULY 29, 1981 A SPECIAL SESSION of the Planning and Zoning Commission of the City of The Colony was called to order at 7:30 p.m. with the following members present: Kerry Schuck Acting Chairman Jeff Zimmerman Member Ken Souther Member Frank Henry Member Clarence Gary Member and with no members absent; thus a quorum was established. 2. CONSIDERATION OF PRELIMINARY PLAT FOR SUBDIVISION NO. 32 3. CONSIDERATION OF FINAL PLAT ON SUBDIVISION NO. 32 Mr. Tom Cravens, a representative of Fox & Jacobs, Inc., was present to present the preliminary and final plat for the subdivision to the Com- mission. He also presented for the Commission's review the overall plat for the future development of the area south of Arbor Glen and west of Paige Road, although he did emphasize that this was certainly a rough plan for development and subject to many changes. Mr. Cravens advised the Commission that Subdivision No. 32 contained only 16 lots and that these lots would initially be used only for model homes. He further advised that this area would not be used for anything but model homes until the sewer line is extended to this area; however, the utility district has approved the installation of a small pump station to be used as the sewer facility for the model homes only. This will be a temporary facility, and the Commission saw no problem with this. Mr. Cravens explained that this location was chosen for models primarily because of visibility and that it would be more practical to use Paige Road while FM 423 was under construction. Initially, only three model homes will be built. Mr. Bradburry advised the Commission that the temporary turn-around was no problem for the Fire Department. The Commission's main concerns were traffic on Paige, a proper turn slot for this area on Paige Road and alleys emptying onto Paige Road. There were no comments from the audience for or against this plat approval, however, the Commission, after a lengthy discussion regarding the traffic flow primarily in the alleys, approved the preliminary and final plat on Section 32 with the following conditions: 1. The southern alleyway will exit between lot 1 & 2, not onto Paige Road. 2. A permanent alley will be provided west of lot #27. 3. A temporary parking lot will be provided at the end of Goodman Drive. 4. A temporary fire lane will be provided west of lot #8. 5. Left turn lane will be provided on Paige. Member Zimmerman made a motion to approve the preliminary and final plat on Section 32 with the five conditions listed above. Seconded by Member Henry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 1. CONSIDERATION OF APPOINTMENT OF CHAIRMAN After a brief discussion, Member Zimmerman moved that Kerry Schuck be appointed chairman for the Planning & Zoning Commission. Seconded by -1- Member Henry, the motion was passed by the following vote: Ayes: Members Zimmerman, Souther, Henry and Gary Noes: None Abstention: Member Schuck At this time, Chairman Schuck stated that he did feel that it was impor- tant that a vice chairman also be appointed at this time. Member Zimmer- man moved that Frank Henry be appointed vice chairman. Seconded by Chairman Schuck, the motion was passed by the following vote: Ayes: Members Zimmerman, Souther, Gary and Schuck Noes: None Abstention: Member Henry There being no further action to be taken by the Commission, Member Zimmerman moved that the meeting be adjourned. Seconded by Member Souther, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Chairman Schuck adjourned the meeting at 8:15 p.m. KERRY SGHUCK, CHAIRMAN ATTEST: JANICE CARROLL, . CITY SECRETARY -2- 14 4 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON AUGUST 13, 1981 A WORK SESSION of the Planning and Zoning Commission of the City of The Colony was called to order at 7:30 p.m. with the following members present: Kerry Schuck Chairman Jeff Zimmerman Member Frank Henry Memb er Clarence Gary Member and with Member Ken Souther absent because of vacation; however, a quorum was established. 1. RECEIVE CITY MANAGER'S REPORT ON THE HOUSING PETITION Mr. Dan Savage, City Manager, advised the Commission that the purpose of this meeting is to update them on the happenings within the city. He stated that a petition was presented to the Council with 1,329 signatures. This petition requested that the Council prohibit stucco as a masonry finish in The Colony, that 1200 square feet be considered as the minimum square footage for housing and that attached, enclosed garages also be required on all single family residences. He advised the Commission that the Council did pass at their August 3 meeting an ordinance prohibiting the use of stucco as a masonry finish for housing in The Colony; however, the other two points of the committee's request must be considered as amendments to the zoning ordinance. Any amendment to the zoning ordinance must come through the Planning and Zoning Commission in a public hearing procedure prior to passage. He advised the Commission that in their packets the staff did provide to them the notice of their hearing which has been set for August 18, the procedure for a zoning change as outlined in the zoning ordinance, the City Council minutes of July 27 & August 3, the "stucco ordinance", a housing survey conducted by city staff, the Council of Governments affordable housing study and rules of procedure for new Commission members to review. He further advised the Commission that he did feel that it was important to make a decision on these questions in a timely manner. He further advised the Commission that to prevent any undue delay, a Public Hearing for the City Council had been advertised for August 24 and August 31 and would continue to be advertised until a recom- mendation is in hand from the Planning & Zoning Commission. He also advised the Commission that the Council has allowed Fox & Jacobs to apply for permits for 90 cottages to be built in the northeast quadrant of the city but had placed a moratorium on the issuance of any additional permits. At this time, Fox & Jacobs, Inc. has come before the City Council to ask them to consider allowing permits to be issued for the cottages in Section No. 27 west of FM 423 and further that Fox & Jacobs has presented to the City maps showing the separation of the product lines as they have been constructed within The Colony. Member Henry stated that this did fulfill his request that maps be provided to the Commission for their study showing the distribution of Today, Accent, Flair, as well as Today II and cottage models in the city. 2. DISCUSS PROCESS OF CONSIDERING CHANGES TO THE COMPREHENSIVE ZONING ORDINANCE There followed a lengthy discussion regarding this procedure as well as the intent of the request presented by the petitioners. Member Zimmerman expressed concern that the Commission not become involved with any econo- mic discriminatory zoning procedures. The Commission also entertained numerous questions from members of the audience regarding the background of decisions made concerning the Today II homes in The Colony. Members of the audience expressed an additional concern regarding absentee landlords; -1- however, Chairman Schuck stated that this was not a personal concern of his at this time due to the economic conditions. Member Zimmerman requested Mr. Savage to ask Fox & Jacobs to supply demographics regarding the purchasers of this cottage product line. Mr. Savage then advised the Commission that the procedure for the hearing would be as follows: The petitioners would give their presentation to the Commission, then staff would present any material that might be available and Fox & Jacobs would also give their presentation to the Commission. In a lengthy dis- cussion, Member Zimmerman did state that he did have a problem with establi- shing residential districts before the master plan had been revised; there- fore, he did feel that possibly a planned development district might be a solution to the immediate problem of controlling the construction of homes under 1200 square feet. At this time, Chairman Schuck stated that he would like to have available a sign-up procedure and, if possible, a time limit which would be addressed to those individuals speaking on this subject. Member Zimmerman stated that he did have an introduction that was used in Plano that possibly Chairman Schuck might like to use prior to opening the hearing. There being no further discussion at this time, Member Zimmerman moved~that the meeting be adjourned. Seconded by Member Henry, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Chairman Schuck adjourned the meeting at 10:15 p.m. KERRY SCHUCK, CHAIRMAN ATTEST: JANICE CARROLL, CITY SECRETARY ! ,] 7 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON AUGUST 18, 1981 A SPECIAL SESSION of the Planning and Zoning Commission of the City of The Colony was called to order at 7:30 p.m. with the following members present; Kerry Schuck Chairman Jeff Zimmerman Member Frank Henry Member Clarence Gary Member and with Member Ken Souther absent because of vacation; however, a quorum was established. 1. PUBLIC HEARING REGARDING THE FOLLOWING PROPOSED AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE: A. TO CHANGE THE MINIMUM SQUARE FOOTAGE REQUIREMENTS FOR A SINGLE FAMILY DWELLING UNIT B. TO CREATE SINGLE FAMILY RESIDENTIAL DISTRICTS BASED ON LOT SIZE AND SQUARE FOOTAGE OF THE UNIT C. TO REQUIRE GARAGES FOR ALL SINGLE FAMILY UNITS Prior to opening the hearing, Chairman Schuck reviewed the Public Hearing procedures and advised the members of the audience that Planning & Zoning was an advisory board to the Council and that their recommendation was not the final decision on any matter. He then requested that those speaking for or against these changes to the Comprehensive Zoning Ordinance sign to speak. He did request that all speakers keep their remarks germane to the topics listed for this Public Hearing. At this time, Member Henry moved that the Public Hearing be opened. Seconded by Member Zimmerman, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Charles Hammons spoke first representing the Concerned Colony Citizens Committee. He did review for the Commission the three points listed on the petition presented to the City Council at their session held on July 27, 1981. The first item, the stucco finish on housing, has been prohibited by an ordinance passed by the City Council. The next item regarding an attached, enclosed garage of course must be acted upon through a zoning change. He stated that the people signing this petition felt strongly that an attached, enclosed garage does fit the lifestyle of The Colony, that it does provide a place for automobile parking or storage and that it is preferable to carports. The third item requested in this petition was that all housing be over 1200 square feet. He explained that it was the opinion of the citizens that 1000 square feet is too small for a family to comfortably live in. He did realize that affordable housing is something that must be considered, but he did not feel that automatically going to a smaller home was necessarily an answer. He did state that he and the Committee recommended that a study of basic design, innovation in design and construction be considered as a cost-reduction factor also. He also reminded the Commission that although the percentages represent only a small portion of the people in the metroplex area that can purchase entry-level homes, the actual numbers in those percentages are large and that there are many potential customers for homes in The Colony as well as the entire metroplex area. He further stated that these 1300 signatures were procured in four days, and he definitely felt this signified a major support from the citizens of the community on these issues; however, he as spokesman for the Concerned Colony Citizens also stated that they felt a compromise is possible. The compromise recommended by the Committee -1- is as follows: 1. The minimum square footage for homes in The Colony be limited to 1100. 2. Housing construction be based on a percentage mix of the following sizes--a) 30%, 1100 square feet to 1399 square feet; b) 40%, 1400 square feet to 1799 square feet; c) 30%, 1800 square feet and above. He explained that the larger percentage in the middle gives the entry- level buyer a home to move up to. At this time, Mr. Hammons stated that he would entertain any questions from the Commission. Member Gary asked if the Committee was aware that if a garage is required in single family, possibly there could be no restrictions regarding the conversion of this garage. Mr. Hammons stated yes that they were aware of this and were very aware that parking is not the only problem--storage is also. Member Henry asked if it was, in fact, the consensus that 1000 square feet is too small a home for the average family. Mr. Hammons stated that this was the sub- jective feeling of a large number of citizens at this time. Member Henry said that square footage could not be the only factor that the Commission must consider but also they must look into lot density, etc. At this time, there were no further questions by the Commission and Frank Graham of Fox & Jacobs was given the floor. Frank Graham stated that he did agree with Mr. Hammons' statement that this can be a win-win situation for all who are concerned with the quality of life in The Colony and the protection of the legal property owners in The Colony. At this time, he briefly reviewed the construction history in The Colony, stating that in 1977 there were no restrictions whatsoever regarding building in this area. However, Fox & Jacobs did see fit to build an acceptable mix of the Today, Accent and Flair product lines, and Fox & Jacobs protected these develop- ments with very strict deed restrictions until the city was incorporated. Traditionally, The Colony has been mixed according to the following percen- tages: 1. 40% Today, 38% Accent, 27% Flair Mr. Graham stated that he felt that the major concerns that should be addressed at this hearing are first, the absentee landlord problem, Fox & Jacobs' marketing concerns and thirdly, revenue to the city. He added that Fox & Jacobs did feel strongly that 1000 square feet does provide a product that fits entry-level buyers. He added that the entry- level buyer is not the traditional family as in the past and, at this time, he presented demographics that outlined the typical buyers in The Colony~ as shown below: The Colon~ Median Age. Dallas Fox & Jacobs Model __M __F Single. ~ __F Single Flair 29 29 27 33 31 29 Accent 28 27 27 30 29 28 Today 28 28 27 29 28 30 Today II 29 28 27 30 29 30 Two Family Income The Colony Dallas Flair 33% 33% Accent 62% 62% Today 65% 65% Today II 94% 94% Single Homebuyer~ The Colony Dallas Male Female Male Female Flair 100% 88% 12% Accent 100% 70% 30% Today 75% 25% 80% 20% Today II 25% 75% 43% 57% Manager/Professional-Principal Job Status--COLONY ONLY Married Single Flair 100% 100% Accent 81% 100% Today 83% 100% --2-- ,143 Fox & Jacobs Model Married Single " Today II 53% 92% Income The Colony Dallas Married Single Married Single Flair $42,500 $35,000 $43,000 $31,000 Accent 37,500 26,900 39,000 24,000 Today 38,800 21,700 37,500 22,000 Today II 38,600 20,000 39,000 21,000 Number in Household The Colony Dallas Flair 3.75 3.13 Accent 2.48 2.58 Today 2.24 2.62 Today II 2.03 2.02 Number of Children in Household The Colony Dallas Flair 1.88 1.20 Accent .71 .68 Today .38 .67 Today II .20 .32 Previous Housing Type--DALLAS ONLY Own Rent Flair 49% 43% Accent 19% 74% Today 5% 87% Today II 10% 74% Previous F&J Homeowner--DALLAS ONLY Flair 18% Accent 9% Today - Today II 3% Regarding the request for an attached, enclosed garage, Mr. Graham advised that Fox & Jacobs has agreed that all cottages will be built with an attached garage, primarily for cars and storage. However, he did hasten to add that the one home that has been built by Fox & Jacobs without a garage did conform to the city's zoning ordinance which requires two parking spaces in a single family district. He also felt that if the Commission did consider the possibility of requiring a garage, they should also look into the implication that this would prohibit the future enclosure of the garage for additional rooms within a home. He also stated that in ques- tionnaires given to customers, many people preferred extra space and higher quality fixtures rather than a garage at this time. Mr. Graham did disagree with the percentages presented by Mr. Hammons regarding their compromise. He stated that Fox & Jacobs must build according to market demands, and this dictates primarily an entry-level home of 1250 square feet, a median home in the realm of 1100 to 1600 square feet and a larger home or Flair product containing 1600+ square feet. He assured the Commission that Fox & Jacobs is concerned with the preservation of property values in The Colony and feels that many of the real issues must be addressed by the city as well as Fox & Jacobs, but he did think the requirement that all housing be 1200 square feet or larger is a simplistic approach to many complicated problems. Upon the completion of Mr. Graham's presentation, Member Henry asked what area was included in the demographical information presented. Mr. Graham answered that this information was prepared from the Dallas metroplex market area only, and he further advised the Commission that The Colony is the only complete city that Fox & Jacobs has been involved in developing. At this time, Bill Vackar, a citizen of The Colony, was recognized. He stated -3- that as a citizen he also was concerned with the growth and planning in The Colony, but he did remind the Commission that property value does decline when the demand drops. He stated that he felt that The Colony must continue to grow to continue to improve. Commercial and industrial growth is an absolute necessity for future revenue to the city for improved services. He reminded the Commission that an idle city is a dying city. He further stated that he felt that a Fox & Jacobs home is still a good investment and that we should not restrict or hold back on affordable homes simply due to inflation but welcome those that choose to purchase their home in The Colony. At this point, Chairman Sehuck called for a brief recess. Upon reconvening, Chairman Schuck stated that the Planning & Zoning Commission was in favor also of a compromise and that they would like to see a committee formed of concerned Colony citizens, Fox & Jacobs and Planning & Zoning Commission members to study this in detail. Mr. Savage, City Manager, stated that the attorney was concerned with P&Z members being a part of this committee. He further explained that it was the Planning & Zoning Commission's responsibility to make a decision, and any member being on an ad hoc committee might influence the decision process unduly. Member Zimmerman requested that the city staff examine other cities' procedures and review this with Fox & Jacobs and the peti- tioners to bring back recommendations at the next Planning & Zoning Commission meeting. He explained that this report should include recom- mendations regarding square-footage minimums, necessary changes to the existing Comprehensive Zoning Ordinance, amendments that possibly need to be made to the planned development district portion of the ordinance regarding storage, parking, screening, etc., a definition of an attached, enclosed garage, acceptable lot size requirements for The Colony and he added his personal option that size of lots should be a determinant rather than the square footage of the home. He explained that he felt square footage could become a discriminatory issue at a later date. He also added that the staff should come back with planned unit develop- ment procedures also. Mr. Savage advised the Commission that the staff would work on this report, but he could not give them a definite timetable. Chairman Schuck asked if it would be possible to have some information to them by September 1. At this time, Member Henry moved that the Public Hearing be recessed and scheduled to reconvene at the Planning & Zoning regular meeting to be held on September 1, 1981. Seconded by Member Gary, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None After the recess of this hearing, there was a brief discussion and a consensus of the Planning & Zoning Commission members that the 153 permits requested by Fox & Jacobs in Section #27 should not be held up by the Council. Member Henry stated that this was, in fact, a small percentage of the population predicted by 1990 and the effect of this will be slight. He further added that he did not agree with the halting of a legal procedure before an alternate procedure had been established. The Commission members agreed with this recommendation, although they were advised that this could not be put in a motion form as there was no agenda item posted on this. Member Zimmerman did request that the permits be issued in Section #27 only. There being no further action to be taken by the Commission, Member Zimmerman moved to adjourn. Seconded by Member Henry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Schuck adjourned the meeting at 9:30 p.m. ATTEST: Janice Carroll, City Secretary Kerry Schuck, Chairman -4- MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON SEPTEMBER 1, 1981 A REGULAR MEETING of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Kerry Schuck Chairman Frank A. Henry Member Ken Souther Member Jeff Zimmerman Member Clarence E. Gary Member and with no members absent, thus a quorum was established. 1. APPROVAL OF MINUTES Member Henry moved that this agenda item be postponed until later in the evening as there were several sets to review. Seconded by Member Gary, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. PUBLIC HEARING--CONTINUANCE OF HEARING OPENED ON AUGUST 18, 1981, TO CONSIDER THE FOLLOWING AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE: A. TO CHANGE THE MINIMUM SQUARE FOOTAGE REQUIREMENTS FOR A SINGLE FAMILY DWELLING UNIT. B. TO CREATE SINGLE FAMILY RESIDENTIAL DISTRICTS BASED ON LOT SIZE AND SQUARE FOOTAGE OF THE UNIT. C. TO REQUIRE GARAGES FOR ALL SINGLE FAMILY UNITS. Member Henry moved to open the Hearing. Seconded by Member Souther, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mr. Dan Savage, City Manager, advised the Planning and Zoning members that, included in their packet, was a lengthy memorandum regarding these housing issues. He then reviewed the memo which outlines the issues considered and the meetings held by all involved. He advised those present that the basic issue of concern involves the mix of future housing in The Colony~ Presently, Fox & Jacobs offers three basic product lines; the Today home which is 35-40% of the homes in The Colony, the Accent homes which are also 35-40%, and the Flair homes which are 20-25% of The Colony homes. There was strong agreement by all parties that this basic mix of housing be continued. Mr. Frank Graham representing Fox & Jacobs stated in these meetings that he will be prepared to present tentative housing mixes west of FM 423 and in the Phase 5 section on the east side of town, and he assured the members of the Concerned Colony Citizens that buffer lines would be provided protecting the integrity of each product line. A second issue, Mr. Savage stated, centered around the matter of affordable housing, and the Concerned Colony Citizens representatives, Charles Hammons and Marlene Poole, expressed concern about the mandatory reduction of house size rather than coming up with more innovative designs and building techniques. They urged Fox & Jacobs to look into alternative house design concepts such as patio homes or zero lot lines. It was recognized that one of the problems Fox & Jacobs faces in terms of developing a new product line is the lead time necessary for this type of development, but Mr. Graham readily accepted that challenge on behalf of Fox & Jacobs, Mr. Savage said. A third issue discussed was the 1000 -1- square foot minimum. The Concerned Colony Citizens were in favor of a 1200 square foot minimum, however, in discussion with Fox & Jacobs, it was concurred that Fox & Jacobs could maintain an 1100 square foot average in the areas where the cottage product was being built, and this will provide a temporary solution until more innovative design concepts could be marketed. A fourth issue presented and discussed was that of an attached single family garage being a requirement. Mr. Savage advised that this issue was not discussed at length, however, during their discussion it was concurred by all that the primary need is for storage rather than a garage and that a separate storage area could be substituted for an attached garage. Mr. Savage added that he would like to thank the Concerned Colony Citizens and Fox & JaCobs for their cooperation in attending and working at these meetings. Charles Hammons was recognized and stated that Mr. Savage's memorandum was a fair summary of the meetings. Frank Graham, representing Fox & Jacobs, stated again that Fox & Jacobs had no intention of shrinking house size totally; he did welcome the challenge of innovative designs. At this time, he did present to the Planning and Zoning Commission a map defining product division lines west of FM 423 and in Phase 5. He also emphasized that a parking pad, if a garage was not included in the home, would be in the back yard of a single family dwelling. At this time, Mr. Dick Mathis, an analyst of urban and community development, presented a brief presentation regarding growth strategy in The Colony. He advised the Planning and Zoning Commission that he was not speaking specifically on this current zoning but advising them how to plan for future growth trends. He stated that one point to remember is that growth is easier to stop than start. Many communities take growth for granted until it is not there; and growth is a result of: (a) metropolitan trends--40%, (b) local features--40%, (c) local action--20%. The municipal governments are actually very limited in controlling the growth of a city. He advised the P&Z Commission to set goals and work out a master plan but always keep flexible. At this time, he presented statistics regarding the type of community that The Colony is becoming. He advised that one of the major problems is that The Colony is in the Lewisville Independent School District and has no control over the school system. A plus for The Colony is that the crime rate index is the lowest in the metroplex. This is primarily because children in this area are very young and The Colony is in a rural setting without a great deal of commercial development which encourages theft. He also advised that the tax rate in The Colony is the fourth highest in the metroplex. Member Zimmerman commented that this was due primarily to the fact that there was no other large source of revenue for municipal government at this time. In analyzing the demographics of this area, Mr. Mathis stated that The Colony is a blue- collar to middle class community. Is is a very young community with 35.5% population being in the age group of 25-34 and 41.5% of the hus- bands and wives working. He advised that only 20% of the homes have one member that is a college graduate. He then presented a case study comparing The Colony to DeSoto. He advised the members that DeSoto also had an extremely high growth rate, however, due to very restrictive zoning, the present growth rate is at 1% and now he is working with them to turn this around. He urged the P&Z members to keep in mind that the potential to stop growth is much greater than starting growth and to be inventive in finding ways to admit variety without jeopardizing the life style that is desired. Chairman Schuck asked if he felt that zoning was an exclu- sionary process. Mr. Mathis answered that yes it could be and that he advised all cities to let the market dictate what will be built and zoning should react to this market. Marlene Poole, a member of the audience, asked if the planned development concept was a workable solution to the problem. He stated that yes it was, its only problem being that to expedite it is sometimes cumbersome and time consuming. Member Henry asked if it would be possible for the Commission members to have statistics available for the city. Mr. Savage advised them that he would provide them with census figures at the next regular meeting. At this time, there being no more comments for or against this zoning change, Member Zimmerman moved to close the Hearing. Seconded by Member Henry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None -2- Chairman Schuck then announced that, although it was not an agenda item, he would like to take the opportunity to present to Judy Oaks, former Chairman of the Planning and Zoning Commission, a plaque in appreciation for the work that she has done in this capacity while on the Commission from February 1979 to August 1981. Member Zimmerman presented the plaque and requested that the City Council pass a resolution to the same effect. 3. CONSIDERATION OF RECOMMENDATION TO COUNCIL REGARDING PROPOSED COMPREHENSIVE ZONING ORDINANCE AMENDMENTS Member Zimmerman agreed that 1100 should be the subdivision average while the 1000 square foot minimum remained. He also agreed that a storage area would be sufficient, but he recommended that it be 100 square feet and further defined as being on the first level. Mr. Savage advised them that he would get the minimum standards for a storage area as prescribed by FHA requirements. Mr. Savage further stated that he was of the opinion that residential districting is necessary but only after the master planning has been completed. Mrs. Poole asked what the time limit would be on this master plan. It was the concurrence of the Commission members and staff that it would require at least nine months for this process. Member Zimmerman recommended that the third Tuesday of every month be reserved for work on this revised master plan. After further discussion, Member Zimmerman then moved that P&Z recommend to the City Council that the zoning ordinance remain at 1000 square foot minimum with a subdivision maintaining an average of 1100 square feet, and that a minimum 100 square foot attached first-level storage area, in addition to the living area, be required on all single family homes. Seconded by Member Henry, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None It was noted that on September 15 a work session would be called for planned development and single family categories. Mr. Frank Graham advised the P&Z Commission that he did have additional information on PD districts and could provide it to them. At this time, there followed an informal discussion of planned development districts and what they entail. 4. CONSIDERATION OF PROCEDURAL GUIDELINES FOR ZONING APPLICATIONS AND PRELIMINARY AND FINAL PLAT APPLICATIONS Janice Carroll, Zoning Secretary, advised the Commission that the zoning instructions in their packet had been in use for some time by the city, however, a rough draft was presented to them in their packet for their study of plat filing instructions. She did recommend that the two proce- dures be similar in time frames, etc. There followed a discussion of the actual time needed by staff to review plans before presenting them to the Commission. Member Zimmerman recommended that the plans be filed with the city 20 or 21 days prior to the Commission meeting. However, after discussion, it was agreed that the Commission would need less than 10 days for review if staff input was included with the plans. The Commission did agree that one weekend with staff comments would be sufficient. This will allow staff 10 days to review the plans. Mr. Savage advised that he would check with the consulting engineer to see if this time frame was adequate. He stated that he would report back to them at the next work session. 1. APPROVAL OF MINUTES Returning to Agenda Item #1, Member Zimmerman moved to approve the minutes of June 9, July 21, July 29, August 13 and August 18. Seconded by Member Henry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None -3- At this time, Member Zimmerman did commend Mr. Savage on his work as liaison between citizens, Fox & Jacobs and P&Z on this issue and also complimented the work of all involved. There being no further action to be taken by the Commission, Member Henry moved to adjourn. Seconded by Member Gary, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Chairman Schuck adjourned the meeting at 9:55 p.m. KERRY SCHUCK, CHAIRMAN ATTEST: JANICE CARROLL, CITY SECRETARY -4- MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON SEPTEMBER 15, 1981 A WORK SESSION MEETING of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Kerry Schuck Chairman Frank A. Henry Member Ken Souther Member Jeff Z immerman Member and with Clarence E. Gary absent due to illness in the family; however, a quorum was established. 1. REVIEW PLANNED DEVELOPMENT DISTRICTING Mr. Savage reviewed the general characteristics of planned development zoning and stated that the purpose of this zoning is tO provide for and encourage continued development of varied housing as appropriate for the neighborhood and provide protection of the development and the future of existing housing. He did state that the Garland zoning ordinance was the newest and most up to date. The Commission members did agree that although they wanted to review the existing planned development section of The Colony's zoning ordinance, they did not want to redo the entire ordinance and that they must be careful that they do not create areas of conflict. Mr. Savage commented that The Colony's planned development zoning has never been tested and, further, that The Colony does lack staff with planning expertise in this area. He also reminded the Commission that a PD includes more than just housing; commercial areas also are considered. While reviewing the Garland PD zoning, Member Zimmerman stated that it did seem to him that this was written for 300 acres or more which would not be applicable to Fox & Jacobs and also that perhaps the detail is too elaborate. Mr. Savage agreed that it could be more complicated than The Colony is in need of at this time, but he did emphasize that it does set the flow. It allows for topography, mixed land uses, mix of residential standards, and different types of housing. There followed a lengthy discussion of the process this Commission should go through on this study. They need to determine what is needed to change and the procedure that would be agreed upon by the Commission. Frank Graham was recognized and advised the Commission members that he did have with him the zoning ordinance of the City of Hurst and could leave this ordinance for their review. He further advised that he could procure additional ordinances if they were needed. He did urge that the Commission members be sure that a planned development district have specific guidelines for the developers to follow. Member Zimmerman and Chairman Schuck concurred that The Colony's present planned development section is very general and lacking in these guidelines. At this time, Bob Lux was recognized, and he asked if the Commission was going to consider what type of housing should be eliminated in The Colony. He was particularly concerned with apartments or multi-family dwellings. Member Zimmerman stated that the planned development ordinance does not specifically eliminate multi-family housing, and he did disagree that this type of housing would be detrimental to the city. Member Henry advised that The Colony now had multi-family zoning. The Planning and Zoning members concurred that there is, in fact, enough land for this type of housing in The Colony. There followed a brief dis- cussion of the advantages and disadvantages of apartments in the city. Bob Brown, a member of the audience, stated that he felt that since the quantity of land in The Colony is limited, the primary use of this land should ibe for industrial development. He further advised that in the past there has been very little planning or coordination with the utility district. Member Zimmerman did disagree and stated that multi-family zoning should not be removed for industrial growth. Chairman Schuck stated that the P&Z would look into the Hurst, Garland and Piano planned development zoning. Member Henry stated that he could also provide the Carrollton and Addison planned development areas for review. He also told the Commission that he felt it -1- would be important to keep in mind that planned development districts provide the developer flexibility as well as citizens the opportunity to be aware of specific growth in their con~nunity. It was further agreed that the master plan would be studied for nine months to a year. The existing ordinance would then be modified to accommodate those changes, although the single family zoning and the planned development zoning will be reviewed concurrently with the master land use plan. Member Zimmerman suggested that a subcommittee be appointed to do some of the detailed work. Mr. Savage stated that he would work with this committee to have a draft ready before the next meeting. It was the consensus of the Commission that Member Henry and Member Zimmerman be appointed as a subcommittee to study this procedure. In conclusion, Chairman Schuck did advise the subcommittee to keep the zoning as simple as possible, and he would like for lot sizes to be included. 2. REVIEW ZONING AND PLAT PROCEDURES Mr. Savage stated that, upon meeting with staff and the consulting engineer, it was agreed that a 15-day minimum prior to the regularly scheduled Planning and Zoning Commission meeting would be sufficient. Member Henry stated that he had no objection to this timetable regarding platting and zoning procedures. Mr. Savage stated that he felt it was very important that the city staff be committed to reviewing all plats and zoning cases in a timely fashion. The Commission concurred with this time period, although Member Zimmerman stated that he was not averse to seeking additional information if it was needed. It was agreed that these procedures would be included on the agenda for the October 6 meeting for final approval. There being no further discussion, Member Zimmerman moved that the meeting be adjourned. Seconded by Member Henry, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Chairman Schuck adjourned the meeting at 10 p.m. KERRY SCHUCK, CHAIRMAN ATTEST: JANICE CARROLL, CITY SECRETARY -2- !CO MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON OCTOBER 6, 1981 A REGULAR MEETING of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Kerry Schuck Chairman Ken Souther Member Jeff Zimmerman Member Clarence Gary Member Member Henry was not in attendance due to persona], obligations; however, a quorum was established. Prior to the meeting, Dan Savage did advise the Commission that Mr. Henry had submitted a letter of resignation which the Council would accept at the October 19 regular meeting. 1. APPROVAL OF MINUTES Member Zimmerman moved to accept the minutes of the September 1 and September 15 meetings. Seconded by Member Gary, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 2. RECEIVE REQUEST FROM CITIZEN REGARDING ACCESSORY BUILDING REGULATIONS Mr. Bradburry, Director of Community Development, advised the Commission that a citizen, Mr. Ballentine, did not agree with the requirement of the zoning ordinance that all accessory buildings be located three feet off the rear property line. Mr. Ballentine requested to come before the Planning and Zoning Commission; however, he was not present this evening. After a brief discussion, it was determined that probably this requirement was for weeds and fire control. However, Member Gary did not agree with the necessity of this requirement on a rear property line. It was agreed that this would be reviewed for possible amendment when the entire zoning ordinance was under study. 3. DISCUSSION OF RE-SUBDIVISION REQUEST Mr. Scholp who resides at 4616 Strickland presented to the Co~r~ission his proposal to resubdivide his existing residential 10t ~ich presently measures 17,678 feet on the front lot line, 106.41 feet on the rear lot line, 160.42 feet on the west side lot line and 137.06 feet on the east lot line into two residential lots measuring approximately 88 feet in the front. He advised the Commission that he had researched the legal procedures for resubdivision, contacted his mortgage company, contacted Fox & Jacobs regarding deed restrictions, had visited with his neighbors and had discovered no major problems or objections to his pian. Although he did not have any immediate building plans, he did assure the Commission that he would build a 2500 square foot home that would architecturally match the existing neighborhood. After discussion, the Commission concurred that they found no immediate problems with this request. Member Zimmerman did advise Mr. Scholp of the new legislative changes in the replat procedure, and stated that although they could not com~it to an "aye" vote, they would advise him to work with the Staff after filing. 4. CONSIDERATION OF ADOPTION OF ZONING CHANGE PROCEDURES AND PLAT FILING PROCEDURES Chairman Schuck noted that the zoning and plat filing procedures did provide a deadline of 15 days prior to the Zoning Cormmission meeting. Member Zimmerman expressed concern that Schedule "A" of the Plat Filing instructions requires a scale of 1"=400', which is too small. Member Z immerman recommended a scale of 1"=100' Chairman Schuck suggested -1- that the procedures be adopted and amended at a later meeting. The staff did advise that this scale was a part of the subdivision ordinance. Mr. Savage recommended that the entire ordinance be reviewed by staff prior to an amending ordinance being prepared. At this time, Member Zimmerman moved to adopt the filing procedures as presented. Seconded by Member Souther, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 5. REVIEW AND DISCUSSION OF COMPREHENSIVE PLANNING PROCESS During a lengthy discussion, the Commission did agree that the development of a Master Land Use Plan is a process which should include the following phases: (1) Determine goals, (2) Gather data, (3) Analyze the data, and (4) Conceptualization process to create a plan. Mr. Savage presented the following outline for a Comprehensive Master Plan proposed by Member Henry: Note: Clarifying comments are shown with (). Title Page Credits Table of Contents Purpose Goals (A limited number of realistic goals forming the basis for the evolution of The Colony) Methodology Baseline Composition Location Physical Features Topography and Geology Resources Water Electric Gas Transportation and Access Rail Highways Thoroughfare Structure Public Transportation Private Transportation Population Characteristics Quantitative Economic Demographic Profile Private Housing Characteristics Public Support Facilities Fire Protection Parks and Open Space Recreational Medical Schools Library Commercial and Industrial Land Use Analysis Factors Influencing The Colony'Evolution Priority of Goals Metroplex Growth Population Pr ivate Housing Transportation and Access Commercial and Industrial Public Support Facilities (Planned availability/non-availability in nearby communities) -2- "Whole City" Concept Bedroom Co~-nunity Concept Accelerated Growth Approach Limited Growth Approach Whole City Considerations Bedroom Community Considerations Desirable Evolutionary Approach Accelerated Growth Considerations Population Characteristics Pr ivate Housing Public Support Facilities Commercial and Industrial Transportation and Access Land Use Planning Limited Growth Considerations Population Characteristics Private Housing Public Support Facilities Commercial and Industrial Transportation and Access Land Use Planning Recommended Growth Traffic Flow Plan Public Support Facilities Plan Park, Open Space, and School Plan Commercial and Industrial Growth Plan Capital Improvements Program (CIP) Process Appendices Definitions Standards The Commission then discussed goal development. Mr. Savage stated that the Planning and Zoning Commission's responsibility will begin when goals have been developed and data has been gathered by consultants. Member Zimmerman emphasized that the goals must be set by the City Council not Planning and Zoning and recommended that a committee be appointed by the Council to set these goals. After further discussion, Member Zimmerman moved to recommend that the City Council appoint a 15 to 20 member goals committee containing representatives from the Park and Recreation Board, Library Board, Industrial Development Corporation, Fox & Jacobs, the MUD Board, Department of Highways & Public Transportation, Planning & Zoning and five citizens at large to develop these goals in a two to three month period. Seconded by Member Souther, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 6. REVIEW AND DISCUSSION OF PLANNED DEVELOPMENT ZONING DRAFT Mr. Savage advised that he did not have any additional information to present the Commission at this time, however, the Commission did agree that the Planned Development section of the Hurst ordinance is most applicable to The Colony. Member Z immerman stated that residential dis- tricts still must be established if the Hurst ordinance is adopted. Chairman Schuck felt that it is very important that the planned development zoning procedure be kept simple. The Commission did agree that this would be discussed in detail at a work session to be held on October 20. Mr. Savage and Member Zimmerman will present an example for the Commission to review at this time. There being no further action to be taken by the Commission, Member Zimmerman moved to adjourn the meeting. Seconded by Member Gary, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Schuck adjourned the meeting at 9:30 p.m. ATTEST: KERRY SCHUCK, CHAIRMAN JANICE CARROLL, CITY SECRETARY --3-- MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON OCTOBER 20, 1981 A SPECIAL SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Kerry Schuck Chairman Jeff Zimmerman Member Clarence Gary Member Member Souther was not in attendance due to business obligations; however, a quorum was established. 1. PRESENTATION OF PLAQUE TO FRANK HENRY IN APPRECIATION OF HIS SERVICE ON THIS COMMISSION Chairman Schuck at this time presented a plaque to Mr. Henry from the Planning and Zoning Commission members to express their appreciation to him for all of the work that he has done while a member of this Commission. Mr. Henry expressed regret that he was leaving due to personal obligations but assured the Commission that he would continually be interested in the growth of the city. 2. APPROVAL OF MINUTES Member Zimmerman moved to approve the minutes of the October 6 regular meeting. Seconded by Member Gary, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF CHANGE IN MEETING DATE Mr. Savage, City Manager, requested that the Planning and Zoning Commission members consider switching to the second and fourth Tuesdays of each month rather than the first and third Tuesdays. He recommended this switch beginning in November. However, he did advise that Court would be held on November 10, 17 and 24 so, if a meeting was held on November 10 or 24, we would have to arrange for other facilities. Chairman Schuck stated that he had no problems with this change but he did note that the filing instructions that have recently been adopted must reflect this change and that Fox & Jacobs should be notified. At this time Member Gary moved that the regular meeting date of the Planning and Zoning Commission be the second and fourth Tuesdays of each month. Seconded by Member Zimmerman, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF PLANNED DEVELOPMENT ZONING Mr. Savage referred the Commission members to the memorandum included in their packet material. On reviewing this memorandum, he did advise the Commission that he and Member Jeff Zimmerman in a meeting reviewed the city's planned development requirements and used as a guideline for revision the planned development section of the City of Hurst's ordinance. Based on the review of these two documents, they do recommend that the present planned development option remain the same and an additional planned residential development option be incorporated into the city's zoning ordinance. The PRD alternative would cover single family, duplex, -1- townhouse and patio home developments. This would give developers the option of following present PD requirements or the proposed PRD require- ments, Mr. Savage explained. The standards established for the PRD option could be as follows: 1. Overall density: Eight dwelling units per acre. 2. Minimum dwelling unit size: 900 square feet. 3. Open space requirement: At least 15% of the total dwelling unit. 4. Minimum size of PRD: 10 acres and 40 dwelling units. Member Zimmerman emphasized that in addition to these standards, a specific use permit could be required. This would ensure that adequate water, sewer and transportation facilities are also available to serve this area and that an engineering report could also be one of the requirements of this particular zoning. Areas that could be reviewed on a case-by-case basis before approval of this specific use permit for a PRD could possibly include: 1. Storage requirements for vehicles or household possessions. 2. Setback requirements. 3. Screening and landscaping needs. 4. Visitor parking provisions. 5. Homeowners' Association requirements. 6. Allowable neighborhood uses within the proposed PRD. 7. Minimum lot size standards. Mr. Savage concluded by stating that the intent of the PRD proposal is to simplify the planned development process for residential develop- ments specifically. There followed a lengthy discussion of many of the points presented in this recommendation. Member Zimmerman added that he was concerned that the city did not have adequate staff or time to work with very many planned development zonings and preferred to make the process more structured. Mr. Savage added that the Commission did need to be careful not to create a way to get around density require- ments. Member Gary asked if all homes would have to be detached homes in a PRD development. Member Zimmerman stated that townhomes also would be allowed, however, now we are dealing with just a single family area. He also added at this time that open space should be required. He esti- mated at least 15% of the area and that this must be on usable land with 10% being the maximum slope. On review of this, Member Gary stated that he recommended writing density requirements into the PD zoning rather than the specific use in the PRD. He is of the opinion that specific use creates problems down the road. Chairman Schuck stated that density under a specific use permit would be a function simply of adequate facilities. The Commis- sion was in agreement with many of the standards suggested in this proposal, however, they did request that the staff check with the attorney regarding city's control over a homeowners' association. They recognized that this can be a problem for a city when a homeowners' association goes defunct. Chairman Schuck also requested that Mr. Savage consult with Fox & Jacobs regarding this proposed zoning, as they will be the primary users of any zoning initiated into the city. Mr. Savage advised that he would. Prior to adjourning, Mr. Savage asked the Planning and Zoning Commission members if they knew of any use proposed in the past regarding the Lone Star Gas easement. They did advise that they knew of no plans for the development of this area into parks. Mr. Savage stated that he had been contacted by F&J regarding the sale of this land to adjacent land owners. -2- There being no further action to be taken by the Commission, Member Zimmerman moved that the meeting be adjourned. Seconded by Member Gary, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Schuck adjourned the meeting at 9:25 p.m. KERRY SCHUCK, CHAIRMAN ATTEST: JANICE CARROLL, CITY SECRETARY -3- MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON NOVEMBER 24, 1981 A REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Kerry Schuck Chairman Clarence Gary Member Ken Souther Member Kermit Pittman Member F. Jay McBride Member and with no members absent; thus, a quorum was established. 1. PRESENTATION OF PLAQUE OF APPRECIATION TO JEFF ZIMMERMAN Chairman Schuck noted that Mr.Zimmerman was not present at this time and suggested that the board continue on to agenda Item No. 2. 2. APPROVAL OF MINUTES At this time, Member Gary moved to approve the minutes of the special session held on October 20, 1981. Seconded by Member Souther, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 3. PUBLIC HEARING ON APPLICATION OF BILL SCHLOP, 4916 STRICKLAND, FOR RESUBDIVISION OF THIS PROPERTY--FURTHER DESCRIBED AS BLOCK 31, LOT 13, SUBDIVISION 4B Member McBride moved that the Public Hearing be opened. Seconded by Member Pittman, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Schuck stated that the procedure to be followed would be that Mr. Schlop would present his request to the board first. Then, the board would recognize all those speaking in favor of this request; secondly, the board would recognize all those speaking against this request. Chair- man Schuck then recognized Bill Schlop. Mr. Schlop stated that he had originally presented this request to resubdivide his lot first to his mortgage company and then to the city staff for their review. He made it clear that he was not planning to build on this lot at this time but that the lot does meet all of the city standards. His primary reason for this resubdivision was to enable him to charge the landscaping of this area to his corporation and to use as a collateral on a loan. He then presented the plat as subdivided to the Planning & Zoning Commission members for their review. After reviewing, Chairman Schuck asked for any comments for this resubdivision. There were none. Chairman Schuck then asked for all comments against this resubdivision. Pat Mitchell, 4904 Strickland Avenue, was recognized. She asked what the dimensions of this lot-would be. Mr. Schlop advised her that the vacant lot would be 90 feet in width and the lot where the existing house is located would be 86 feet in width. The minimum width of a lot in the City of The Colony is 60 feet. Miss Mitchell stated that she was concerned that an undersized lot in an oversize-lot subdivision would contribute to a devaluation of the lots surrounding it. Mr. Schlop stated at this time that he would sign a paper restricting any development on this lot. Miss Mitchell said she would be agreeable to that term. Chairman Schuck then recognized Schell Travis of 5408 Cockrell Circle. Mr. Travis pointed to Section 5 of the deed records which does prohibit resubdivision. He stated to -1- the board that his primary concern was that this would set a precedent for Fox & Jacobs to resubdivide the existing vacant lots in this subdivision. Diane Baxter of 4813 Hetherington was recognized and stated the same concern that the undeveloped property adjacent to their homes could now be subdivided. Paul Rose of 4801 Hetherington was recognized, and he stated that he repre- sented Dave Cook and Dave Baker also, and that they, too, were concerned not with this lot but that a precedent will be set and that Fox & Jacobs would be able to resubdivide existing vacant lots. Mr. William Baxter of 4813 Hetherington stated his concern with this particular resubdivision and its use as collateral for a loan would be that this loan could be in default and, at that time, there could be no limitations on the develop- ment of this lot nor will future owners of this lot be bound by the limita- tions placed on Mr~ Schlop. He felt also that the deed restrictions should be upheld. There being no further comments for or against this resubdivi- sion request, Member Gary moved that the hearing be closed. Seconded by Member McBride, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 4. CONSIDERATION OF APPROVAL OF PRELIMINARY AND FINAL PLAT FOR THE RESUB- DIVISION OF BLOCK 31, LOT 13, SUBDIVISION 4B Chairman Schuck stated that his advice to the Commission at this time was to consider future owners within the subdivision as well as future owners of this lot in question and that, based on this consideration, this request be denied. Member Gary asked to review the deed restric- tions and, after review, requested that the staff get a legal interpreta- tion as to how long these deed restrictions were in effect. Janice Carroll, Secretary to the Commission, did advise them that the attorney has stated orally that the city has no jurisdiction in the enforcement of deed restrictions and that, if the citizens were concerned with upholding the resubdivision restriction, then a suit should be filed in a civil court of law. After a lengthy discussion, Dan Savage, City Manager, advised the Commission they did have two options: (1) They could reject the preliminary and final plat or, (2) They could approve the preliminary and final plat subject to the validity of the deed restrictions. He did remind the Commission that the property is zoned single family and is usable only in that capacity. He further advised the Commission that in the resubdivision of this lot, both lots meet all zoning and code requirements; however, he did agree with the citizens' concerns that it certainly would be feasible to resubdivide other lots in this subdivision, particularly those located on Hetherington. However, it was emphasized by staff that Fox & Jacobs would also be subject to the same legal process. Many of those present expressed concern regarding the notification process. It was explained that the notices were sent per the tax roll. This is in accordance with the statute. After discussion, clarification and amendment by the Commission, a final motion was made by Member Gary. Member Gary moved to recommend to the City Council approval of the preliminary and final plat of Lots 13A and 13B in Block 31 of Subdivision 4B, if it is the attorney's opinion that the deed restrictions are no longer enforceable. Member Pittman asked for a clarification on this motion. He stated that if a member voted aye, he was approving the plat subject to the deed restrictions being invalid. If deed restrictions are valid, the plats would not be considered approved. If a member voted no tonight, he was clearly voting against approval of the plat. The Commission concurred and Member McBride seconded the motion. Prior to calling for a vote, Chairman Schuck recognized Jeff Zimmerman. Mr. Zimmerman stated that he was concerned with this motion, as a city cannot be bound by any deed restrictions. The Commission did clarify again that if the deed restrictions are valid, then the motion for approval no longer stands. Mrs. Lupe Sanditen requested that the staff notify the property owners in Subdivision 4B of this opinion prior to the Council meeting. Mr. Savage stated that he could not guarantee when the staff would have the legal opinion from the attorney but, if it is planned for the December 7 meeting, they would try to notify the owners in this subdivision of the decision. After further discussion, Chairman Schuck called for a vote on the motion on the floor. The motion passed by the following vote: Ayes: Members Gary, McBride and Souther Noes: Member Pittman and Chairman Schuck 1. PRESENTATION OF PLAQUE OF APPRECIATION TO JEFF ZIMMERMAN Chairman Schuck presented this plaque on behalf of the Planning and Zoning Commission and staff for Mr. Zimmerman's service to the commu- nity while serving on this board. Mr. Zimmerman thanked the board and stated that he hoped some of the guidelines set down by this board during his term will serve the interests of future boards as The Colony plans for its growth. There being no further action to be taken by the Commission, Member Pittman moved to adjourn. Seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Schuck adjourned the meeting at 8:42 p.m. ATTEST: KERRY SCHUCK, CHAIRMAN JANICE CARROLL, CITY SECRETARY -3-