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HomeMy WebLinkAbout1984 P&Z MINUTES OF THE PLANNING AND ZONING COMMISSION 9~ OF THE CITY OF THE COLONY ~ HELD ON JANUARY 10, 1984 A REGULAR SESSION of the Planning and Zoning Commission of The Colony, Texas was called to order to 7:30 p.m. with the following members present: Robert Fiumara Chairman Bill Metting Member Earl Brantley Member John Warmack Member and with Member Sopas absent; however a quorum was established. 2. CONSIDERATION OF APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF THE PAIGE MEDICAL PLAZA LOCATED AT 6600 PAIGE ROAD. At this time Chairman Fiumara turned the meeting over to I. R. Bradburry. Mr. Bradburry had a set of final plans to show to the commission members. There are a couple different items on these plans, (1) the water main hook up off of Kisor Road has been changed to one main due to the fact that M.U.D. thought there would be too many tie ins to the main across the other side of the road that would weaken the main, (2) the sidewalk along Paige Road on the original site plan showed the sidewalk to extend across the drainage and tie into the alley behind Yager, (3) the fire lanes are closer to the building then as shown on the original site plans. Mr. Bradburry stated that the plans have been approved by M.U.D., the police and fire chiefs, and himself. Mr. David Whitehead, Mr. Allan Williams, and Dr. Kevin Seidler were present to answer any questions. After general discussion by the commission members, Member Metting made a motion to approve the preliminary and final plat of the Paige Medical Plaza located at 6600 Paige Road. Seconded by Member Warmack, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 1. APPROVAL OF MINUTES A motion was made by Member Metting to approve the minutes of December 19, 1983. Seconded by Member Warmack, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None There being no further discussion, the meeting was adjourned at 8:00 p.m. Robert Fiumara, Chairman Beverly Nopp, C~nfmission Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COBONY HELD ON GANAURY 24, 1984 A REGULAR SESSIOS of the Plannin~ a~d gonin~ Comm±ssion of The Colony~ Texas was called to order at 7:30 p.m. with the following members present: Bruce Sopas Member Earl Brantley Member John Warmack Member and with Members Fiumara and Metting absent; however, a quorum was established. 1. APPROVAL OF MINUTES Since Member Sopas was not present at the meeting of January 10, 1984, this item was tabled until the next regularly scheduled meeting. There would only be two members who could vote and a quorum would not be established. 2. REVIEW OF MASTER LAND PLAN Since Chairman Robert Fiumara was absent, a motion was made by Member Warmack to table this item until the next regularly scheduled meeting. Seconded by Member Brantley, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 3. REVIEW OF SCHEDULE OF USES Since Chairman Robert Fiumara was absent, a motion was made by Member Warmack to table this item until the next regularly scheduled meeting. Seconded by Member Brantley, the motion was passed by the fo]lowing vote: Ayes: Ail members present voted aye Noes: None It was requested that all members review their copies of schedules of uses and note any changes to be made so that work on this item will move much quicker at the next scheduled meeting. There being no further discussion, the meeting was adjourned at 9:00 p.m. Bruc~Sopas/Act lng Chairman Beverly Nopp, Commission Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION 2 ~ OF THE CITY OF THE COLONY HELD ON FEBRUARY 14, 1984 A REGULAR SESSION of the Planning and Zoning Commission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bruce Sopas Member John Warmack Member Earl Brantley Member and with Member Metting absent; however a quorum was established. 1. APPROVAL OF MINUTES OF MEETINGS DATED 1/10/84 & 1/24/84. A motion was made by Member Brantley to approve the minutes of 1/10/84. Seconded by Member Warmack, the motion was passed by the following vote: Ayes: Members Fiumara, Brantley, Warmack Abstention: Member Sopas Noes: None A motion was made by Member Brantley to approve the minutes of 1/24/84. Seconded by Member Warmack, the motion was passed by the following vote: Ayes: Members Sopas, Brantley, Warmack Abstention: Member Fiumara Noes: None 2. REVIEW OF MASTER LAND USE PLAN A brief discussion was held on the Master Land Use Plan after which it was decided that at the next regularly scheduled meeting on February 28th, the commission members would start discussing density figures. The first area to concentrate on will be the area marked as MF, town- houses, apartments, as shown shaded in orange on the map. A copy of the map will be made available to commission members some time later this week for their use in preparing density figures. 3. REVIEW OF COMPREHENSIVE ZONING ORDINANCES INCLUDING SCHEDULE OF USES AS PROVIDED IN THE COMPREHENSIVE ZONING ORDINANCE #61. The commission continued its review of the Schedule of Uses. Also at this time, a discussion was held on concerns of parking and/or storage of boats, recreation vehicles (including motor homes and travel trailers), and trailers on residential streets in The Colony. A memo stating these concerns will be sent to the Mayor and City Council members, and City Manager. The review of Schedule of Uses will continue at the next regularly scheduled meeting on February 28th. There being no further disucssion, the meeting was adjourned at 9:30 p.m. Robert Fiumara, Chairman Beverly Nopp, Commission Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY 2~0 HELD ON FEBRUARY 28, 1984 A REGULAR SESSION of the Planning and Zoning Commission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bruce Sopas Member Bill Metting Member John Warmack Member and with Member Brantley absent; however a quorum was established. 1. APPROVAL OF MINUTES OF FEBRUARY 14, 1984 Member Warmack made a motion to approve the minutes of 2/14/84. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: Members Fiumara, Sopas, Warmack Abstention: Member Metting Noes: None 3. REVIEW OF COMPREHENSIVE ZONING ORDINANCES INCLUDING SCHEDULE OF USES AS PROVIDED IN THE COMPREHENSIVE ZONING ORDINANCE ~61. The commission continued its review of the Schedule of Uses, and will continue at the next regularly scheduled meeting on March 13, 1984. 2. REVIEW OF MASTER LAND USE PLAN The commission members having been provided a copy of a map of The Colony, will start concentrating on density figures for Multi-family- mixed use, and Office areas. They will start discussing density figures at the next regularly scheduled meeting on March 13, 1984. There being no further discussion, the meeting was adjourned at 9:15 p.m. Robert Fiumara, Chairman Beverly Nopp, ~ommlssion Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY ~ ~ HELD ON MARCH 13, 1984 A REGULAR SESSION of the Planning and Zoning Commission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bruce Sopas Member Bill Metting Member John Warmack Member Earl Brantley Member and with no members absent, thus a quorum was established. Director of Community Services, Steven A. Reed, and Building Inspection Chief, I. R. Bradburry were also present. 1. APPROVAL OF MINUTES DATED FEBRUARY 28, 1984 A motion was made by Member Metting to approve the minutes of February 28, 1984. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. PUBLIC HEARING REGARDING ZONING CHANGE FROM OFFICE-1 TO GENERAL RETAIL GENERALLY LOCATED IN AN AREA AT THE INTBRSECTION OF THE SOUTH LINE OF SOUTH COLONY BOULEVARD, AND WEST OF BRANCH HOLLOW DRIVE, UPON THE REQUEST OF COLONY ROAD JOINT VENTURE. A motion was made by Member Metting to open the public hearing. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Bob Fiumara then turned the meeting over to Director of Community Services, Steven A. Reed. Mr. Reed pointed out on a map the area involved for this requested change of zoning. He stated that Mr. David Dunning of Dunning Development Company was present with a site plan and sketch. The area requested for the zoning change will be used as a strip retail area. Mr. Reed noted that the site plan indicates direct access off of Highway 423, only forty-two feet south of the intersection of Highway 423 and South Colony Boulevard, and also the proposed 20' access easement south of the structure is not a dedicated street or alley. Both of these concerns need to be addressed when considering the preliminary final plat. The surrounding zoning would not create a conflict with the requested change. Chairman Fiumara then read the following letter of opposition from Fox & Jacobs: March 12, 1984 Mr. Bob Fiumara Chairman Planning & Zoning Con~nission City of The Colony 5576 North Colony Boulevard The Colony, Texas 75056 Re: Change of Zoning/SEC Highway 423 and South Colony Boulevard Dear Mr. Fiumara: I have received the attached notice from Janet Gadd advising of a zoning request from Office-1 to General Retail on the above referenced site. I am unable to attend the public hearing on this matter, but would like for you to read this letter at the public hearing and have same become a part of the official record of said hearing. Fox & Jacobs opposes the zoning request from Office-1 to General Retail at the location. The City of The Colony would be much better served, and the site would be developed to its highest and best use as Office. Very little zoning is available on the west side of The Colony. If opportunities are to be made available and professionals are to be encouraged to locate their businesses in The Colony, Office zoning should not be deleted in favor of General Retail. 233 -2- I respectfully ask your consideration to reject this zoning change. Sincerely, John J. Henderson Land Acquisition No other correspondence for or against this requested zoning change has been received. Chairman Fiumara then recognized Mr. David Dunning of Dunning Development Company. Mr. Dunning stated that this area located at the intersection of S. Colony Boulevard and 423 is one Of the major intersections in The Colony and would be a good area for either offices or retail, however in his opinion would be better served as retail. Small offices would still be able to go in a general retail area. His company intends to build a first quality approximately 18,000 square foot general retail/service center on this tract of land. Mr. Dunning then presented the sketch of the center and the site plan, and stated this sketch is probably not the final design and most likely they will be going with brick. If the zoning is approved, building will start immediately. Chairman Fiumara asked about the problems of access off of 423. Mr. Dunning stated that the entrance could be moved if needed. Chairman Fiumara then asked for any comments from the audience. Cathy Bock, 5425 Baker Drive, stated that if the request is approved, she would like to see it written in the terms that the outside of the structure be brick. Mr. Dunning stated they would be receptive to that. Chairman Fiumara then wanted to know if there would be any problems with the pick up of trash in the back. Mr~ Dunning stated there would not be. Mr. I. R. Bradburry, Chief, Building Inspections, stated that the first section of the driveway in the back belongs to Good Year only, and he has in his office a letter that states once the pavement detoriates up to Good Year's along the driveway, that Fox & Jacobs would have to concrete it. Chairman Fiumara then asked for any more questions. Member Metting directed a question to Mr. Dunning asking if the property was originally zoned as Office-l, what good reasons could he give to the commission members that would make them want to change the zoning. Mr. Dunning stated that normally on an intersection like this it would be compatible to have retail area across the street from existing retail area, and that retail should be surrounded by retail. Most offices have some park type of setting. He further stated that things change sometimes and you can't always plan ahead and know what will be good for the future adding that if the Walmart Shopping Center had been offices, it might have affected this tract of land to remain zoned as Office-1. Besides the convenience type of stores that would go into this strip of retail area, there are some small office types like title companies that might also go into this area. Mr. Dunning further stated his company bought the land from people who had planned on keeping the zoning for offices and were trying to put a bank there, however it did not work out for them and his company bought their contract. In his opinion, the highest and best use for this intersection would be retail. Cathy Bock further stated that there is no office zoning on the west side of 423 and this is the only tract of land that is zoned as office. There are retail areas all around it and since there is no other office zoning on this side of 423, she is questioning if this is really the best use for the city to change it to general retail. Member Warmack then stated that General Retail does not preclude offices. He also stated that there is a need to consider the traffic flow being different for a retail area than for an office area. Discussion thereafter followed after which Chairman Fiumara asked for any other comments from the audience. Vince ~Condon, 5052 Walker, asked if any of this retail strip would include bars or video arcades. Mr. Bradburry stated a specific use permit would be needed before any bar could open up, and Mr. Dunning stated he does not intend to have any video arcades. Chairman Fiumara then asked for any further comments from the staff. There being none, a motion was made by Member Warmack to close the public hearing. Seconded by. Member Metting, the motion to close the public hearing was passed by the following vote: Ayes: All members present voted aye Noes: None Member Metting then asked for a 5 minute break time. After this break, Chairman Fiumara asked if there were any further questions from the commission. Member Sopas stated he still has a problem with how much office space that is zoned here in The Colony now with none being on the west side. This being the only other comment, Member Metting made a motion to deny the request for change of zoning from Office-1 to General Retail. There was no second to the motion. Member Warmack then made a motion to approve the zoning change from Office-1 to General Retail. Seconded by Member Brantley, the motion to approve the zoning change was passed by the following vote: Ayes: Members Fiumara, Sopas, Brantley and Warmack Noes: Member Metting -3- 4. REVIEW OF MASTER LAND USE PLAN At this time the following men were introduced; Jerry Hawks, John Dawson, Bill Kenny, and Kurt Wandrey. These people are in the process of purchasing some land in the Stewart Creek Park area and will be asking to come into The Colony limits after the sale of the land is finalized. They would like to create a planned development in this area and are interested in getting input from the commission on what they will need to do in following city requirements. Thereafter followed general discussion with the commission stating they would be very happy to work together in a work session and review their plans at that time. A work session was scheduled for the March 27th meeting to discuss this further. Also at the March 27th meeting, work will start on calculating density figures. 3. REVIEW OF COMPREHENSIVE ZONING ORDINANCES INCLUDING SCHEDULE OF USES AS PROVIDED IN THE COMPREHENSIVE ZONING ORDINANCE #61. The commission finished up its review of the Schedule of Uses and a typed copy will be presented to them at their next meeting on the 27th of March. After this copy has been approved, it will be sent ot the City Council for approval. There being no further discussion, the meeting was adjourned at 10:00 p.m. Robert Fiumara, Chairman Beverly Nopp, Commi~ssion ~/cretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY ~ HELD ON MARCH 27, 1984 A REGULAR SESSION of the Planning and Zoning Commission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bruce Sopas Member Bill Netting Member and with Members Brantley and Warmack absent; however a quorum was established. Director of Community Services, Steven A. Reed, and Building Inspection Chief, I. R. Bradburry were also present. 3. WORK SHOP REGARDING REVIEW OF DEVELOPMENT PLANS FOR THE STEWART CREEK PENINSULA Kurt Wandry, Bill Kenny, John Dawson, Jerry Hawkes, and Dick Lindburg were present for this work shop. A presentation was given to members of the Commission on the preliminary development plans for this area on Stewart Creek Peninsula, after which general discussion was held. The Commission Member~ are not comfortable with the number of planned condominiums around the lake itself and asked to see some changes made before coming before them again. This item will be brought back before the Planning and Zoning Commission on its next regularly scheduled meeting night of April 10th after some changes have been made on the development plans. 1. APPROVAL OF MINUTES DATED MARCH 13, 1984 A motion was made by Member Netting to approve the minutes of March 13, 1984. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. REVIEW OF COMPREHENSIVE ZONING ORDINANCES INCLUDING SCHEDULE OF USES AS PROVIDED IN THE COMPREHENSIVE ZONING ORDINANCE #61 The Commission made a final review of the Schedule of Uses with a couple of corrections noted. After these corrections have been made, the Schedule of Uses will be sent to the City Council members for their review. 4. WORK SHOP REGARDING REVIEW OF DENSITY CALCULATIONS FOR MASTER LAND USE PLAN. Since two members are absent for this meeting, it was decided to table this item and add it to the agenda for the next regularly scheduled meeting on April 10th. There being no further discussion, the meeting was adjourned at 8:50 p.m. Robert Fium~ra, Chairman Beverly Noppu , v , Commzssion Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY ~ HELD ON APRIL 10, 1983 A REGULAR SESSION of the Planning and Zoning Commission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bruce Sopas Member Bill Metting Member Earl Brantley Member John Warmack Member and with no members absent; thus a quorum was established. Director of Community Services, Steven A. Reed, and Building Inspection Chief, I. R. Bradburry were also present. 1. APPROVAL OF MINUTES OF MARCH 27, 1984 Member Metting made a motion to approve the minutes of March 27, 1984. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: Members Fiumara, Sopas Metting Abstention: Members Warmack, and Brantley Noes: None 2. REQUEST BY FOX & JACOBS FOR FINAL PLAT APPROVAL FOR SECTION 29 At this time, the meeting was turned over to Mr. Bradburry~who had a copy of the plat. He noted for the commission members that from the alley between Newton and , Clary (Phase I) back to the north will be 50 foot lots that were passed by ordinance under planned development. Mr. Jim Bell and Mr. John Henderson representatives of Fox & Jacobs were present to answer any questions. Mr. Henderson stated that the time frame involved for the 50 foot section to be completed is January 1985. A park they will be dedicating to the city is scheduled for completion around April, 1985. ** Mr. Bradburry stated that Fox & Jacobs will pave Ethridge and the property owners on the west side would have to pave their portion to make this a thoroughfare. General discussion followed after which a motion was made by Member Metting to approve the request by Fox & Jacobs for the final plat approval for Section 29. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 3. REVIEW OF DEVELOPMENT PLAN FOR STEWART CREEK PENINSULA This item is tabled for discussion this evening since the developer's are not prepared to come before the Planning & Zoning Commission at this time. 4. WORK SHOP REGARDING REVIEW OF DENSITY CALCULATIONS FOR MASTER LAND USE PLAN General discussion took place on the bonus programs for developers on density of construction. Member Warmack had one example to share with the commission members. A work session has been scheduled for Wednesday, April 18th and Member Warmack was asked to bring some more examples for further discussion at that time. 5. REVIEW OF COMPREHENSIVE ZONING ORDINANCE The commission reviewed and accepted the proposed definition for Video Arcade which reads as follows: Facility of which the primary use is the operation of coin or token operated amusement or entertainment machines. There being no further discussion, the meeting was adjourned at 9:30 p.m. Robert Fiumara, Chairman Beverly Nopp, Commission Secretary * Correction should read Newton and Malone **It was discussed by Fox & Jacobs that on the park they are dedicating to the city that they would consider including a water tap. MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON APRIL 18, 1984 A WORK SESSION of the Planning and Zoning Cormnission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bruce Sopas Member Bill Metting Member John Warmack Member and with Member Brantley absent; however a quorum was established. Mayor Larry Sample, and Building Inspection Chief, I. R. Bradburry were also present. 1. REVIEW OF DENSITY CALCULATIONS A general discussion took place on future planning of the southern part of the City of The Colony, and also on bonus programs for developers on minimum to maximum density for construction. It was decided to continue discussion with another work shop on the bonus program at the next regularly scheduled meeting on April 24th, 1984. There being no further discussion, the meeting was adjourned at 9:35 p.m. R~ob e r tot ~FF i~uml a r aA~, Ch a ir man Beverly Nopp, Comm~sszon Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION ~S 2 OF THE CITY OF THE COLONY HELD ON APRIL 24, 1984 A REGULAR SESSION of the Planning and Zoning Commission of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bill Metting Member Earl Brantley Member Bruce Sopas Member John Warmack Member and with no members absent, thus a quorum was established. Director of Community Services, Steven A. Reed, and Building Inspection Chief, I. R. Bradburry were also present. 1. APPROVAL OF MINUTES OF APRIL 10TH AND APRIL 18TH, 1984. Mr. Bradburry stated there is a correction to the minutes of April 10th. Item 2, first paragraph will now read: At this time, the meeting was turned over to Mr. Bradburry who had a copy of the plat. He noted for the commission members that from the alley between Newton and Malone (Phase I) back to the north will be 50 foot lots that were passed by ordinance under planned development. Member Brantley also stated that he would like to have the tapes of the meeting of April 10th reviewed again to see if it was stated in the minutes by representatives of Fox & Jacobs that when they dedicate the park to the city in Section 29 if it was mentioned about installing a sprinkler system. After these corrections have been made to the minutes of April 10th, Member Metting made a motion to approve the minutes of April 10th and April 18th, 1984. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. REVIEW OF THE 1984 NATIONAL ELECTRICAL CODE. At this time the meeting was turned over to Mr. Reed who had a copy of the 1984 National Electrical Codes as well as a copy of a memo from the city's Electrical Inspector, Harvey Robb, on his recommendations of the 1984 National Electrical Codes for the commission members to review. After general discussion, it was decided by the members to go along with the recommendations of Mr. Robb. * 3. WORKSHOP ON BONUS PROGRAM FOR DEVELOPERS The commission members continued their workshop on the bonus program for developers. Chairman Fiumara stated he would like for the board to start meeting once a week through the month of May. The 1st, 3rd, and 5th Tuesdays will be designated as work sessions only and will be held at the Good Shephard Lutheran Church at 4809 S. Colony Boulevard. The 2nd and 4th Tuesdays will be the regularly scheduled meetings held at City Hall. There being no further discussion, the meeting was adjourned at 8:40 p.m. Robert Fiumara, C~airman Bever~~on Se cretary *Changed to read: After general discussion, it was decided by the members to reinforce the recommendations of Mr. Robb. Attached to the minutes is a copy of Mr. Robb's memo. MINUTES OF THE PLANNING AND ZONING COMMISSION 2~ ~ ~ OF THE CITY OF THE COLONY HELD ON MAY 8, 1984 A REGULAR SESSION of the Planning and Zoning Commission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bill Metting Member Bruce Sopas Member Earl Brantley Member and with Member Warmack absent, however a quorum was established. Director of Community Services, Steven A. Reed, and Building Inspection Chief, I. R. Bradburry were also present. 1. APPROVAL OF MINUTES OF APRIL 24, 1984 Member Metting stated he would like a change in Item 2, the last sentence. This sentence will now read: After general discussion, it was decided by the members to reinforce the recommendations of Mr. Harvey Robb. A copy of Mr. Robb's memo will also be attached to the minutes of April 24, 1984. A motion was made by Member Sopas to approve the minutes after this change has been made. Seconded by Member Metting, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None 2. PUBLIC HEARING REGARDING ZONING CHANGE FROM AGRICULTURAL TO SPECIFIC USE PERMIT ON A 30,000 SQUARE FOOT PARCEL OF LAND GENERALLY LOCATED IN AN AREA NORTHWEST OF THE INTERSECTION OF 121 AND HWY. 423, UPON THE REQUEST OF HOWARD THORNTON. Chairman Fiumara opened the public hearing and asked Mr. Steven A. Reed to make a presentation. Mr. Reed stated a request had been received from Mr. Thornton for a zoning change from Agricultural to Specific Use Permit on a 30,000 square foot parcel of land generally located in an area northwest of the intersection of 121 and Hwy. 423 to place a used car lot on. Mr. Reed pointed out on a map where this parcel of land is located, and then introduced Mr. Howard Thornton. Mr. Thornton also had with him Mr. Michael Lee who will be the manager of this used car lot. Mr. Thornton had some sketches with him to show the commission members to give them an idea of what the car lot would look like. A temporary building will be placed on the property to begin with, and if the car lot is successful, Mr. Thornton would like to place a permanent structure in The Colony. There will be two entrances off of 423, the area will be lighted with a fence around it. The parking area will hold approximately 60 to 70 cars however it is anticipated that only 30 to 40 cars will be on the lot at any one time. All car repairs and all financing will be done at the Frisco office. At this time, Chairman Fiumara asked if there was any input from the audience. There was no one present for or against the zoning change. A motion was made by Member Metting to close the public hearing, seconded by Member Sopas, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None Chairman Fiumara then asked for discussion by Commission members. Member Brantley stated he would like to have a typed copy of the legal description of the property for the car lot be presented to the council prior to their public hearing on this zoning change. A motion was made by Member Sopas to approve the zoning change from Agricultural to Specific Use Permit with the stipulation that the typed legal description of the property is presented to th~ council prior to their public hearing. Seconded by Member Metting, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None 4. WORKSHOP WITH DEVELOPERS OF STEWART CREEK PARK PENINSULA. The following Stewart Creek Park Developers were present for this workshop: Kurt Wandry, Jerry Hawkes, Joe Miller, and John Dawson. They had a copy of a map of their proposed development for Stewart Creek Park Peninsula that was just received from Herschel Lindley to present to the members for their review. General discussion followed. This item will be added to the workshop to be held on May 15th, 1984. 3. WORKSHOP ON BONUS PROGRAM FOR DEVELOPERS. This item was tabled until the work session to be held on May 15th, 1984. 2eV There being no further discussion, the meeting was adjourned at 9:00 p.m. Robert Fiumara, Chairman Beverly Nopp, Com~ssion Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY ~ HELD ON MAY 15, 1984 A WORK SESSION of the Planning and Zoning Commission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bill Metting Member Earl Brantley Member John Warmack Member and with Member Sopas absent, however a quorum was established. Director of Community Services, Steven A. Reed, and Building Inspection Chief, I. R. Bradburry were also present. 2. REVIEW OF CONSULTANT REPORT ON STEWART CREEK PENINSULA Chairman Fiumara turned this portion of the meeting over to Mr. Steven A. Reed. Mr. Reed had a draft report of the Stewart Creek Peninsula that was prepared by Mr. Herschel Lindley to go over with Commission Members. After Mr. Reed's presentation, general discussion followed by the members. Their primary recommendation is limiting the development of the remaining portion of the peninsula to no more than 1686 dwelling units on the total 240 acres, with the maximum density of no more than 7.7 units per acre. The final key point on this draft report is in order to accommodate the traffic flow on North Colony Boulevard, it will have to be widened to six lanes. The council will be reviewing this report on their next meeting night scheduled for Monday, May 21st, 1984. 1. BONUS PROGRAM FOR DEVELOPERS The Commission Members continued their discussion on a report given to them by Fox & Jacobs on Highway 121 Business Park District. Fox & Jacobs will have a represent- ative present at the next regularly scheduled meeting to be held on May 22nd, 1984 to go over this report with Commission Members. There being no further discussion, the meeting was adjourned at 10:00 p.m. Robert Fiumara, Chairman Beverly Nopp, Commissz n Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION 3G~ OF THE CITY OF THE COLONY HELD ON MAY 29, 1984 A SPECIAL SESSION of the Planning and Zoning Commission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Bob Fiumara Chairman Bill Metting Member Bruce Sopas Member Earl Brantley Member and with Member Warmack absent; however a quorum was established. Director of Community Services, Steven A. Reed, and Building Inspections Chief, I. R. Bradburry were also present. 1. APPROVAL OF MINUTES OF MAY 8TH AND MAY 15TH, 1984 A motion was made by Member Brantley to approve the minutes of May 8th and May 15th. Seconded by Member Sopas, the motion was approved by the following vote: Ayes: All Members present voted aye Noes: None 2. WORKSHOP WITH STEWART CREEK PENINSULA DEVELOPERS At this time Member John Warmack did arrive at the meeting. Kurt Wandry, Dick Lindburg, John Dawson, Bill Kenny, and Gerry Hawkes were present for this work session. They presented a plan of the Stewart Creek Peninsula to the Commission Members for their further review. The members were in overall agreement with the plan as presented, however further study will be required after a traffic study has been completed. Attached to the minutes are figures of the proposed number of dwellings and the density for this track of land. It was stated by Gerry Hawkes that there will be a maximum of 1500 dwelling units total on this property. A work session is scheduled for June 5th, at 7:30 p.m. to be held at Good Shephard Lutheran Church, 4809 S. Colony Boulevard to further review this area. There being no further business, the meeting was adjourned at 9:30 p.m. Robert Fiumara, Chairman Beverly Nopp, Commission Secretary 305 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JUNE 5, 1984 A SPECIAL SESSION of the Planning and Zoning Commission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Bob Fiumara Chairman Bill Metting Member Bruce Sopas Member Earl Brantley Member John Warmack Member with all members present, a quorum was established. Director of Community Services, Steven A. Reed, and Building Inspections Chief, I.R. Bradburry were also present along with Mayor Sample, Herschel Lindley of Schrickel-Rollins and Larry Ludwig of Fox & Jacobs. 1. WORKSHOP ON STEWART CREEK PENINSULA DEVELOPMENT Member Metting handed everyone a copy of some density figures he had worked up, a copy of which is attached. He briefly reviewed his figures with everyone persent. After a lengthy discussion , Chairman Fiumara stated that there are two things to take into consideration, units per acre and -- traffic. Mr. Reed reviewed with those present some changes to Mr. Hawkes previous rendering. Mr. Lindley briefly reviewed his traffic study. He explained how he arrived at the figures in his report and why. He indicated his plan includes total land area. He then reviewed different types of roadways and what would be required on Stewart Creek Peninsula if high density is built. Mayor Sample feels that Mr. Lindley's traffic figures are conservative. He added, th~s study calls for the expansion of North Colony Boulevard. He went on to say widening this boulevard in area's where people are already living would not be a measure of good faith. Widening would also call for additional traffic signalization. He added the City budget can not handle the expense, estimated to be $60,000 per unit. Member Brantley stated that this Commission was asked to determine the maximum density requirements are on this peninsula and that's what they have been doing. He added, these guys have been working with us to get this worked out. Mayor Sample stated, higher density's will be allowed when the roads can handle the traffic. He went on to say, this is the only way we can do our citizens justice. There being no further action to be taken at this time, Member Metting moved to adjourn the meeting. Seconded by Member Warmack, the motion passed with a unanimous vote. Chairman Fiumara adjourned the meeting at 8:50 p.m. Approved: Robert Fiumara, Chairman Attest: Janet Gadd, City Secretary THE INFORMATION USED IN DEVELOPING THESE PROPOSALS COMES FROM THE LAND USE PLAN SUBMITTED TO THE P. & Z. ON 5-29-84 BY HAWKS INC. RESTRICTING CLAUSE: The figures arrived at in the proposals below establish a maximum build out level. The actual level of allowed b'uilding may equil a minimul level of one half (½) of the number contained in these proposals. The factor used to determine the actual level will rest with the final developer and the degree to which he or she makes use of the BONUS PLAN which is no~/being formulated by the P&Z. example: IF the maximum number of living units in the S-F zoning l~ 174 then the minimum number using no Bonus Points would be 87. See the following chart: minimum + 0 Bonus Points = 87 minimum + 25% bonus (22) : 109 minimum + 50% bonus (44) = 131 minimum + 75% bonus (65) = 152 minimum + 100% bonus (87) = 174 The following proposals use the opposite approach from those figures we have received, Figures before have weighted the development from the Higher Density (condos) to the lower density (S-F). These proposals turn first to the build out of the lower denisty areas (S-F, O-lot-line) and then turn to the higher density areas (condos, townhouses). BASIC INFORMATION USED FOR THESE CALCULATIONS ARE: CONDOS TOWNHOUSES O-LOT-LINE S-F total acres 40 40.9 55 43.5 development allowed ? ? 7 4 units per acre (upa) total units ? ? 385 174 PROPOSAL A assume we allow 1500 maximum units in Hawks Inc. Area. These figures then indicate 1500 total units -385 O-lot-line -174 S-F 941 units in the .townhouse and condo area THEREFORE: of the 941 units remaining: divide them in a ratio of 1 townhouse (12upa) for every 2 Condos (20 upa). This formula would then allow CONDOS TOWNHOUSES O-LOT-LINE S-F maximun units 627 314 385 174 acres ~ 40 40.9 55 43.5 upa 15.675 7.68 7 4 PROPOSAL B Use the same figures and assumptions as are in PROPOSAL A except that all Condo development be removed and have all 941 units in Townhomes. This formula would then allow: CONDOS TOWNHOUSES O-LOT-LINE S-F maximum units 0 941 385 174 acres 0 80.9 55 43.5 upa 0 11.63 7 4 Since Herchal projects there could be an additional 1,686 living units in this area. We need to look at the total area: Hawks Inc. 205 Johnson 35 Skinner 18 258 total acres THEREFORE: in order to provide equ&l opportunity for development-- divide the acres into the total living units allowed 1686 - 6.5 u.p.a. (6.535) 258 THEREFORE: Hawks Inc. 205 x 6.5 = 1332.5 Johnson 35 x 6.5 = 227.5 Skinner 18 x 6.5 = 117 1677 total living units PROPOSAL C Using the basic information in Proposal A except reducing the 1500 living units to 1332 by using Revision #1 would mean: 1332 total living units -385 O-lot-line -174 S-F 773 units remaining to be divided at a 2 to I ration (Proposal A) CONDOS TOWNHOUSES O-LOT-LINE S-F units 515 258 385 174 acres 40 40.9 55 43.5 u.p.a. 12.875 6.308 7 4 PROPOSAL D Same as Proposal B except that Revision #1 is used to reduce the number of units allowed to 1332. Which would mean: 1332 total living units -385 O-lot-line -174 S-F 773 units remaining--all which are used in Townhouse development CONDOS TOWNHOUSES O-LOT-LINE S-F uni ts 0 773 385 174 acres 0 80.9 55 43.5 u.p.a. 0 9.56 7 4 3i0 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JUNE 12th A REGULAR SESSION of the Planning and Zoning Commission of The Colony, Texas, was called to order at 7:#0 p.m. with the following members present: Bob Fiumara Chairman Bill Metting Member Bruce Sopas Member Earl Brantley Member and with Member Warmack absent; however a quorum was established. Director of Community Services, Steven A. Reed, and Building Inspections Chief, I. R. Bradburry were also present. 1. APPROVAL OF MUNUTES OF MAY 29th and JUNE 5th, 198# A Motion was made by Member Metting to approve the minutes of May 29th and June 5th. Seconded by Member Sopas. Chairman Fiumara stated he that before the minutes were approved, he wanted to make sure that the enclosures Were indeed attached to the original minutes. There followed a lengthy discussion regarding said enclosures and Member Metting suggested that these minutes and attachments be made available to the City Council. It was agreed to supply the City Council with copies of the minutes/attachments and memorandum to read as follows: "This is the methodology we used in working out this proposal and we will update it when we receive the new traffic figures. If you have any questions, please let us know and we will get with you on it." With this discussion over and agreed upon, the Motion was approved by the following vote: Ayes: All Members present voted aye Noes: None 3. DEVELOP SCHEDULE FOR ESTABLISHING COMMERCIAL ZONING Member Metting questioned whether the Commission was going to continue to meet every week throughout most of the summer. Chairman Fiumara replied that it would be advisable at least until the new members were to join them. Director of Community Services, Steven A. Reed, advised the Commission that the two (2) new members were to be appointed at the June 18th Council meeting and would be able to join them then. There followed a lengthy discussion on meeting dates and agendas in which it was unanimously decided that there would be no July 3rd meeting of the Commission. Also following the discussion, a tentative schedule or calendar was decided upon and is attached and made a part of these minutes. Mr. Bradburry suggested that it would be a good idea to possibly physically go out to the various locations which would be future agenda items and view them "on-site". A brief review and familiarization of the Southern Master Plan, High School site, and Northeast Master Plan (Phase 5). 2. DISCUSSION REGARDING DENSITY BONUS PROGRAM All Members continued to participate in a brief discussion of the proposed Bonus Plan. Mr. Steven Reed handed out the Bonus Plan "definitions" to each member of the Commission for their reference. It was suggested by several members on the Commission that when the two (2) new members come on, the Commission divide up into two committees to work on different phases of the Bonus Plan. There followed further discussion on the tentative calendar and was noted by Chairman Fiumara that it should be updated at the last meeting of each month. With reference to the Bonus Plan, Chairman Fiumara stated that due to the heavy workload, as soon as we get a large portion of the Bonus Plan completed, we will forward same to Fox & Jacobs and then review it with them. There being no further action to be taken at this time, Member Sopas moved to adjourn the meeting. Seconded by Member Brantley, the motion passed with a unanimous vote. Chairman Fiumara adjourned the meeting at 9:00 p.m. APPROVED: Sharon E. Sebera, Deputy City Secretary MINUTES OF THE PLANNING & ZONING COMMISSION ~ ' OF THE CITY OF THE COLONY HELD ON JUNE 19, 1984 A WORK SESSION of the Planning and Zoning Commission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bill Metting Member John Warmack Member and with Members Sopas and Brantley absent; however a quorum was established. Newly appointed member Tom Cravens, Director of Community Services, Steven A. Reed, and Building Inspection Chief, I. R. Bradburry were also present. 1. CONSIDERATION OF SOUTHERN MASTER LAND USE PLAN A copy of the Southern Master Land Use Plan was made available to all members for their review. The Southern Master Land Use Plan was approved previously by the Council by resolution. Larry Ludwig, representative of Fox & Jacobs was present, and stated that some minor changes had been made to the Highway 121 Business Park District packet that had been given to members for their review and that he would get these changes to the members for their continued review and study. Discussion followed after which a date of July lOth was tentatively scheduled for Fox & Jacobs to come back before the Planning & Zoning Commission on this item. 2. CONSIDERATION OF DENSITY BONUS PLAN The Commission Members continued their study of the Density Bonus Plan. Def- initions for Blocked view of lake, Energy efficiency, Developer's option, Site planning, Open spaces, and Landscape plan were discussed. The remainder of the definitions being worked on by other members are to be completed and turned in at the next regularly scheduled meeting on June 26th. Member Warmack made a rough copy of a form consisting of the density bonus plan to be used when a developer comes before the city with a request for new development. A copy of this form has been attached to the minutes. Review of the Bonus Plan will con- tinue at the next regularly scheduled meeting. There being no further discussion, the meeting was adjourned at 9:20 p.m. ~obe'r't Fiumara, Chairman Bev~~on Secretary 5576 lq. C~lony * The Colony, Texas 75056 · t>hone (214) 370-1756 i Metro 248-4341 : MAXIMUM APPLICANT'S PLANNING & CITY C.O'~ BONUS BONUS ZONING COUNCIL INSPECTION ALLOWABLE REQUEST RECOMMENDATION APPROVAL CHECK OFF Site Planning 10% biaster Plan Develop. 10% Blocked View of Lake 10% Pedestrian Access Plan 10% Covered Parking 9% Landscape: .Irrigation 2% .Greater Plant Size 2% .Ground Cover 2% ~-' .Plant Material 2% Views From Lake 8% Views From Major Rds. 8% Open Space 6% Internal Amenities 6% Offsite Improvements 6% Energy Efficiency 5% Developer's Option 4% TOTALS 100% Applicant's Signature Planning & Zoning Recommendation City Council Approval - Mayor City Manager Building Inspection Approval MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY 3 HELD ON JUNE 26, 1984 A REGULAR SESSION of the Planning and Zoning Commission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bill Metting Member Bruce Sopas Member Earl Brantley Member John Warmack Member Eric Stanton Member Tom Cravens Member and with no members absent; thus a quorum was established. Director of Community Services, Steven A. Reed, and Building Inspection Chief, I. R. Bradburry were also present. Chairman Fiumara welcomed aboard the two newly appointed members, Tom Cravens and Eric Stanton. 1. APPROVAL OF MINUTES Member Metting made a motion to approve the minutes of June 12, 1984. Seconded by Member Brantley, the motion was passed by the following vote: Ayes: Members Fiumara, Metting, Sopas, and Brantley Abstention: Members Warmack, Cravens, and Stanton Noes: None Member Metting made a motion to approve the minutes of June 19, 1984. Seconded by Member Warmack, the motion was passed by the following vote: Ayes: Members, Fiumara, Warmack, and Metting Abstention: Members Sopas, Brantley, Cravens, and Stanton Noes: None 2. REVIEW SITE PLAN FROM DUNNING DEVELOPMENT CO. At this time Chairman Fiumara turned the meeting over to Director of Community Services, Steven A. Reed to bring the Commission Members up to date on this item. Copies of the site plan and preliminary plat were given to the Members for their review. Gary Kerner and Sam Kartalis of Dunning Development Company were present to answer any questions from the Commission Members. Mr. Reed stated that since the public hearing for a request of change of zoning had taken place there had been a minor change in the proposal. A piece of this land has been sold to Stop 'N Go and they will be coming before the Planning and Zoning Commission on July 10th with their site plan and preliminary plat. Mr. Reed further stated there will have to be an addition to the site plan of a sidewalk along both South Colony Boulevard and Branch Hollow. The building by Dunning Development Company will be approximately 12,000 square feet, have a depth of 58 feet, and will be all brick. Discussion thereafter followed after which Member Cravens made a motion to approve the site plan and preliminary plat from Dunning Development Company with the following stipulations: 1) add a sidewalk along both South Colony Boulevard and Branch Hollow; 2) the 3 foot wide strip along the back wall of the structure must be paved to allow for drainage; and 3) the final plat shall indicate cross-access to the adjoining lot used by Stop 'N Go. Seconded by Member Metting, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None 3. REVIEW SOUTHERN MASTER PLAN Commission Members continued their review of the Southern Master Plan. Mr. Reed made the Members aware that Fox & Jacobs has requested a zoning change from single family to duplex in an area within this Southern Master Plan and have requested to be on the agenda of July 10th. They will be building 58 duplexes if the zoning request is approved. Chairman Fiumara stated he would like to have a tour set up with Fox & Jacobs of the duplexes they are building in Grand Prairie that will be the same as the ones they are proposing to build in The Colony, with the tour to take place before the public hearing is held. Members will continue their review of the Southern Master Plan at the next scheduled meeting. 4. REVIEW BONUS PLAN Chairman Fiumara decided to divide the Commission Members into two groups, one to work on the bonus plan, and one to work on commercial zoning. John Warmack, Tom Cravens, and Bill Metting will be working on the bonus plan with John Warmack as acting chairman. Eric Stanton, Earl Brantley, and Bruce Sopas will be working on the commercial zoning with Eric Stanton as acting chairman. Chairman Fiumara will help out with both groups wherever needed. At this time work continued on the Highway 121 Business Park packet in order to be ready to go over this with Fox & Jacobs on July 10th. Definitions for the bonus plan were continued with Members Fiumara and Brantley to have their definitions ready by the next meeting. A Bonus Plan guideline for developers of a business park is attached to these minutes. Work will continue at the next regularly scheduled meeting. There being no further discussion, the meeting was adjourned at 10:10 p.m. RoBert F'iu~'ara, Chairman ~p, Commission Secretary .3 0 BUSINESS PARK Maximum Density allowable - 1.4 F.A.R. = 764,540 S.F. Minimum "Base" Density = .7 F.A.R.= 382,270 S.F. Lot Coverage - Maximum 60% BONUSES: Site Planning 10% Master Plan Development 10% Pedestrian Access Plan 10% Subgrade Parking 25% Views from Major Roads 8% Landscape 8% Open Space 6% Internal Amenities 6% Offsite Improvements 6% Energy Efficiency 5% Developer's Option 6% 100% 382,270 S.F. + 100% = 764,540 S.F. MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY ~ ~ HELD ON JULY 10, 1984 A REGULAR SESSION o3 the Planning and Zoning Commission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bill Netting Member Bruce Sopas Member John Warmack Member Eric Stanton Member Tom Cravens Member and with Member Brantley absent; however, a quorum was established. Director of Community Services, Steven A. Reed was also present. 1. APPROVAL OF MINUTES Member Netting made a motion to approve the minutes of June 26, 1984. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. PUBLIC HEARING FOR A ZONING REQUEST CHANGE FROM SPECIFIC USE-CHURCH TO SPECIFIC USE- DAY CARE IN AN AREA GENERALLY LOCATED NORTHWEST OF THE INTERSECTION OF KEYS AND ANDERSON ON THE APPLICATION OF FAMILY LIFE ACTIVITIES, INC. Member Stanton made a motion to open the public hearing. Seconded by Member Cravens, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None At this time, Chairman Fiumara turned the meeting over to Mr. Steven A. Reed, Director of Community Services. Mr. Reed stated that the area is currently zoned Specific Use-Church and a zoning request change application had been received from Family Life Activities, Inc. to rezone the area Specific Use-Day Care. Family Life Activities, Inc. is in the process of purchasing this land from the church that owns this property and has the present zoning classification. Upon approval of the zoning request from the Planning and Zoning Commission and the City Council, they will proceed to finalize the deal. Mr. Travis Case, represent- ative of Family Life Activities, Inc. was present to answer any questions. He stated the proposed structure for the Day Care Center will be designed to center around family life, and will be licensed by the state for 200 children. He further stated there will be two fenced playground areas, one area of 6,000 square feet for 18 month olds to 3 yr. olds, and one area of 16,000 square feet for 3, 4, and 5 year olds. Discussion thereafter followed. The members stated they would like to see the driveway widened when Family Life Activities, Inc. comes before them for site plan approval. Chairman Fiumara then asked for any input from the public. There being none, Chairman Fiumara made a motion to close the public hearing. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Member Netting made a motion to approve the request of Family Life Activities, Inc. for a change of zoning from Specific Use-Church to Specific Use Day Care. Seconded by Member Stanton, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None 3. PUBLIC HEARING FOR A ZONING REQUEST CHANGE FROM SINGLE FAMILY TO DUPLEX ON 12.682 ACRES SOUTH OF COLONY #2 AND #5, AND ADJACENT TO COLONY #32 MODELS AND EXTENDING TO BLAIR OAKS ON THE APPLICATION OF FOX & JACOBS. Member Stanton made a motion to open the public hearing. Seconded by Member Netting, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Fiumara stated that Members Warmack, Cravens, as well as himself, had been to see the duplexes that Fox & Jacobs is currently building in Grand Prairie. He then turned the meeting over to Mr. Steven A. Reed. Mr. Reed stated that Fox & Jacobs had applied for a change of zoning from single family to duplex on 12.682 acres located south of Colony #2 and #5, and adjacent to Colony #32 models and extending to Blair Oaks. He stated t~at Goodma~ goad would be e×te~ed to ~lair Oa~s a~d appro×~matel¥ ~8 duple×es would be built to t~e south. ~r. ~eed further stated this area was i~clu~ed i~ tAe Sout~er~ Naster ~la~ as duple× ~o~i~g, ~e t~e~ tur~ed t~e meeting o~er to Nr. Larry ~u~ig~ re~ese~tatiYe of ¥o× & Jacobs, ~r. ~udwig stated t~e current model ~omes ~ould be clo~ed up later tAis summer, sold~ a~d Goodma~ ~oad would be opened up a~d e×te~ded to ~lair Oa~s. Duple×es woul~ be built west of t~e area w~ere t~e current model ~omes are. ~e further stated t~at Fox & Jacobs is proposing to build a slightly different type of duplex that will be more modern and will be designed to give the buyer the option of a garage or carport. There will be space available for two off-street parking spots. Mr. Ludwig also stated these duplexes would provide a buffer area between the current single family homes and the ultimate use of the land to the south for a business park. The duplexes will be 50 feet in width and 46-49 feet in depth and will have rear entries. Discussion there- ~ after followed on the length of the alley with suggestions by the members to move lots 38 and 39 to the west to cut down on the alley length. Mr. Ludwig was in favor of this suggestion and also stated that detached single family homes will be built at the ends of the street. General discussion followed after which Chairman Fiumara then asked for any input from the public. Paul Dalton, 5204 Arbor Glen, stated he did not object to a buffer zone between residential and business however putting in duplexes in this area would create a traffic problem for residents on Arbor Glen and Paige Road. He also stated that although duplexes were not meant to be sold to investors, that was who they usually wind up being sold too and investors and renters hardly ever take care of their property. He also has a problem with the yards not being fenced and how much yard space would be available for kids to play in. He further stated he would prefer to have single family zoning remain in this area. Robert Shotwell, 5060 Arbor Glen, stated he had the same concerns that Mr. Dalton had and also believed investors would buy the duplexes and make property values go down for the existing single family homes on Arbor Glen. Charles King, 5216 Arbor Glen, stated that a lot of property is being sold to investors on Arbor Glen already and that building the model homes on Goodman Street hurt the value of the existing homes. He further added that his home had not increased in value since 1980 and if he wanted to sell his home today and nobody would buy it, the only alter- native he would have would be to sell to an investor. He further added that he thinks the area in question for the zoning change should be a green belt area. Chairman Fiumara stated that the reason for the duplexes would be for a buffer zone so that single family homes would not be up against commercial zoning. Clarence Dalton, 5204 Arbor Glen, stated there are already existing homes in The Colony that are up against '--~ commercial zoning. Chairman Fiumara replied that was in previous years and was some- thing trying to be avoided now and in the future. Mr. Dalton further asked if Highway 121 was going to be widened at any future date. Chairman Fiumara stated that it was in the plans however it would be up to the State of Texas as to when they would get started. Mr. Reed added that it is in the long range plans to widen Highway 121 to a four lane highway, however no date to start has been scheduled yet. Mrs. Robert Shotwell, 5060 Arbor Glen, stated she and her husband have lived in The Colony since 1975 and she is of the same opinion that the duplexes will be purchased by investors and will lower the property value of existing single family homes and will also add to the already present problem of trash and weeds on Arbor Glen. Tom Hone, 5116 Arbor Glen, stated he works for Mostek and had for the past 9 years. When he first went to work for Mostek, The Colony was considered the area to buy a home but that now nobody would even consider buying a home in The Colony from Mostek. He further added that these duplexes would increase the already present problem of speeding, especially with the High School also planned to be built close by. He was also of the opinion that a green belt should go in this area and not duplexes, and further added that he was not notified of this hearing until 6:30 p.m. this evening. The question was then brought up of the list of people notified within 200 feet for this hearing and it was determined that an incomplete list of names had been used to mail notices to. A motion was made by Member Stanton to table the public hearing until a new list is obtained from M.U.D. and the proper notices mailed out by certified mail to all property owners within 200 feet. Seconded by Member Sopas, the motion was approved ~ by the following vote: Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF SITE PLAN FOR STOP 'N GO Chairman Fiumara turned the meeting over to Mr. Reed to bring the commission members up to date on this item. Mr. Reed stated that the public hearing for the zoning on this property was held when Dunning Development requested a change of zoning. Stop 'N Go has tentatively purchased the western portion of the corner of the property from Dunning Development, and they are proposing to come in and build a new store that will have pumps for gas, and will also provide free air and water. This structure will be separate from the structure Dunning Development will be building with the approximate dimensions being 60' by 60' or 3600 square feet. He further stated there will be a sidewalk along the front that will match the width of the adjoining structure's sidewalk, and also a sidewalk along South Colony Boulevard. Mr. Jack Thompson, representative of Stop 'N Go was present to answer any questions. He stated that although the Stop 'N Go structure will be 60' by 60', it will have the corners cut off so the actual size of the building will be 3075 square feet. He further added that this proposed building will be a new prototype and one like it has not yet been built in the metroplex. The architect of the building will be compatible with the adjoining structure being built by Dunning Development. General discussion followed on the trash pickup, and the loading and unloading of groceries and supplies to the store, after which a motion was made by Member Stanton to approve the site plan for Stop 'N Go with the following stipulations: (1) the triangular area behind the store shall be concrete, (2) no outside storage of trash or garbage will be allowed, and (3) loading and unloading of groceries and supplies shall be accomplished from the access easement behind the store, not from in front where the traffic flow along FM 423 or S. Colony and access to parking spaces could be disrupted. Seconded by Hember Metting, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None 5. REVIEW OF BUSINESS PARK ZONING WITH FOX & JACOBS The commission members continued their review of the Business Park with Larry Ludwig, representative from Fox & Jacobs. Changes were made in height regulations, floor area ratio, definitions, and loading berths. These changes will be typed up and a copy given to Fox & Jacobs. 6. CONSIDERATION OF BONUS PLAN BY SUBEOI~4ITTEES. This item is tabled and will be added to the agenda of the work session scheduled for July 17th, 1984. There being fo further discussion, the meeting was adjourned at 10:00 p.m. R~bert Fiumara, Chairman Commission Secretary THE CITY OF THE COLONY 3.?,~ DENTON COUNTY, TEXAS JULY 20, 1984 TO ALL INTERESTED PARTIES: Notice is hereby given of a REGULAR SESSION of the Planning and Zoning Commission of The Colony, Denton County, Texas, to be held on July 24, 1984, at 7:30 p.m. at Good Shephard Lutheran Church, located at 4809 South Colony Boulevard, at which meeting the following will be discussed: 1. Approval of minutes of July 10, 1984. 2. Final Plat Approval for Dunning Development Company. 3. Public Hearing for a zoning request change from Single Family to Temporary Specific Use Permit on a tract of land situated 615 feet east from intersection of Ethridge Dr. and Newton St. bearing North 01© 24' 19" West and 280 ft. West from inter- section of Keys Drive and Newton St. bearing South 24© 40' 03" West. Located at bearing North 88© 27' 30" East on Newton St. on lots 13, 14, and 15, upon the application of Uvalde Construction Company to construct a temporary concrete batch plant. 4. Public Hearing for a zoning request change from Single Family to Temporary Specific Use Permit on a tract of land situated 255 feet east from intersection of Ethridge Dr. and Newton St. bearing North 01© 24' 19" West and 630 feet west from intersection of Keys Drive and Newton St. bearing south 24© 40' 03" west. Located at bearing North 88© 27' 30" east on Newton St. on lots 19, 20, and 21, upon the application of Uvalde Construction Company to construct a temporary concrete batch plant. 5. Public Hearing for a zoning request from Shopping Center to Specific Use Permit for Pizza X-Press Restaurant located at 5000 FM 423, Suite 318, for the sale of liquor off-premises upon the application of Jeffrey Brand. 6. Public Hearing for a zoning request from Single Family to Industrial on 20.678 acres located south of Turner, bound on the east side by railroad and bound on west by Section ~21 and ~22 upon the application of Fox & Jacobs. 7. Public Hearing for a zoning request from Single Family to Shopping Center on 7.197 acres located south of Turner, bound on the east side by railroad and bound on west by Section #21 and #22 upon the application of Fox & Jacobs. 8. Public Hearing for a zoning request from Single Family to Townhouse on 48.96 acres located south of Turner, bound on east side by railroad and bound on west side by Section ~21 and ~22 upon the application of Fox & Jacobs. 9. Public Hearing for a zoning request from Single Family to Multi-Family 1 on 13.987 acres located south of Turner, bound on the east side by railroad and bound on west by Section #21 and #22 upon the application of Fox & Jacobs. 10. Public Hearing for a zoning request from Single Family to Multi-Family 2 on 22.123 acres located south of Turner, bound on east side by railroad and bound on west side by Section #21 and #22 upon the application of Fox & Jacobs. 11. Review Traffic Study on Stewart Creek Peninsula. 12. Consideration of Bonus Plan by Subcommittees. CERTIF ICAT ION I hereby certify that the notice of meeting was placed on the front door of City Hall on the 20th day of July,~~5:00 ~p.m.~ ~ /~ Janet/~/dd, City Secretary MINUTES OF THE PLANNING & ZONING CO~MISStON OF THE CITY OF THE COLONY ~ , .~ HELD ON JULY 24, 1984 A REGULAR SESSION of the Planning and Zoning Commission of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bill Metting Member Bruce Sopas Member John Warmack Member Eric Stanton Member Tom Cravens Member - Earl Brantley Member and with no members absent; thus a quorum was established. Director of Community Services, Steven A. Reed, and Chief, Building Inspections, I. R. Bradburry were also present. 1. APPROVAL OF MINUTES Member Stanton made a motion to approve the minutes of July 10, 1984. Seconded by Member Warmack, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None At this time, Chairman Fiumara moved to go to Items 6-10 since a large amount of people are present for these hearings. Chairman Fiumara stated he is proposing a 60 day moratorium on the requests for zoning changes by Fox & Jacobs and has so notified them of this moratorium. During this 60 days, the Planning & Zoning Commission will be having work sessions and will be reviewing the current zoning ordinances. A public hearing will be opened up this evening to allow for public input on these proposed zoning changes. Member Sopas made a motion to open the public hearing. Seconded by Member Stanton, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Marlene Poole, 5640 Twitty, stated she is stepping out of her role as Councilman tbis evening and is speaking as a concerned citizen. She stressed for everyone to look at these requests by Fox & Jacobs calmly and not to let their emotions speak for them. Every angle and all facts and figures must be looked at before any decisions are made. She further added that should would be willing to sit down and discuss any questions anybody might have and is willing to work with citizens as much as possible. She then stated she would be leaving the public hearing and stepping back into her role as Councilman. Jeff Small, 5652 Tucker, stated he is in agreement with Chairman Fiumara on the moratorium of 60 days for these zoning request changes from Fox & Jacobs, and that he is representing from between 50 to 60 people who have been meeting regularly since receiving the notices of the public hearings for just that purpose, to get the rezoning deferred. See attached letter and petitions. Fred Hartgraves, 5697 N. Colony Blvd., is opposed to the Shopping Center zoning. Laura Vawter, 5836 Turner St., is opposed to the proposed zoning changes due to not enough schools, and with the addition of another shopping center it would change the lifestyle of present homeowners in that area. Michael and Patricia Mrozek, 5837 Turner St., are against any change of zoning and believe they were mislead by the salesmen when they purchased their home. David Dobrenic, 5668 Powers St., is opposed to any changes to zoning due to traffic problems. Bobby Stevens, 5677 N. Colony Blvd., is opposed to any zoning changes, and also stated' he was mislead by the salesmen when he purchased his home. John Barton, 5709 Terry St., stated there was an economic justification in changing the present zoning from single family to multi-family and he is definitely opposed to the request for change of zoning. Evan Geusic, 5653 Turner St., asked what the definition of Multi-family 1 and Multi-family 2 was and also if the classification of Townhouse meant condominiums or apartments. Chairman Fiumara replied that as it stands now there is a moratorium on this zoning request for 60 days and during that time the Planning & Zoning Commission will be reviewing the zoning ordinances and all definitions. He further added that it would be confusing to explain the present zoning ordinance and definitions until the Commission has had time to review them but would be happy to let him see a copy of the present ones after this meeting. Carol Frey, 4921 S. Colony Blvd., stated her main concern is the traffic situation and is opposed to the zoning change. Agnes Foster, 5633 Perrin, had a question on how people were notified of the public hearing and Chariman Fiumara stated that all those people within 200 feet of the proposed zoning change were sent notices. Ms. Foster then ~ked why all the citizens of The Colony were not notified. Mr. Steven A. Reed addressed that question by stating that by law whenever there is a public hearing before the Planning & Zoning Commission, only those people living within 200 feet are sent notices. The Planning & Zoning Commission then holds a public hearing and makes ~ reco~mnendation to the City Council. The City Council holds a public hearing and a notice is published in the newspaper 15 days prior to the scheduled hearing date. Mike Winters, 5665 N. Colony Blvd., stated he is opposed to the zoning Change due to traffic and the already taxed water system. He further stated that he feels The Colony is not ready for this type of a change. Nick Oprea, 7201 Ragan Pl., is for the zoning change. He stated we need to plan for the future and be ready for it now, adding there is a need for townhouses, multi-family and industrial zoning. He further added that all the facts should be obtained, and all questions thorgughly answered by getting together with Council, the Planning & Zoning Commission, and working together before a decision is made on these zoning changes. At this time, Chairman Fiumara accepted two letters from John & Georgia Ann Hill, 5600 Powers St, and Jimmy and Susan Farmer, 5604 Powers St. who are opposed to the zoning change. These letters are attached to the minutes along with a letter received from Jack & Carol Smith, 5657 Turner St., who are also opposed to the zoning change. Chairman Fiumara then asked if there was anybody else from the public who wished to speak. Jeff Small stated he would like to know why no representatives from Fox & Jacobs were present for this hearing. Chairman Fiumara stated he had called Fox & Jacobs this afternoon and told them he was putting a 60 day moratorium on the zoning request and told them they did not need to be present. Lee Steiner, 5673 Powers St., stated she is against the zoning change due to a possible rise in crime with multi-family zoning. Brian Cooper, 5625 Usher St., stated that we do need to plan for the future and with not much commer- cial development going on right now, if The Colony doesn't do something they will eventually be swallowed up by a surroUnding City. He further added that the quality of people living in apartments will not necessarily be a different class of people than some of those already living in single family homes. He then stated there is a need for more schools in this area. Charles King, 5216 Arbor Glen, stated he is opposed to the zoning change and he lives in the area where Fox & Jacobs is proposing to change the zoning from single family to duplex and the value of his home has not raised since 1980. He feels any type of mult-family zoning will lower the property values of existing single family homes instead of raising them. Kathy Bock, 5425 Faker Drive, sta~d she is a former employee of Fox & Jacobs and is in favor of the zoning change, however she added that Fox & Jacobs did not just come up with this zoning request overnight, but had been working on a Master Plan with the City Council and the Planning & Zoning Commission for quite some time and that the Master plan had been approved by both. She feels the people present this evening should be aware of this. At this time Chair- man Fiumara called upon Member Metting who stated that there is a lot of misinformation floating around. The Master Plan has not been approved officially by ordinance, but only by resolution for the concept only. He further added that all Members of the Planning & Zoning Commission take their jobs seriously and appreciate any help from the citizens on what they feel the City really needs. He stressed that all meetings are open to the public and citizens need to attend for their input. He further added that the Plannning and Zoning Commission had already been looking at the definitions of Multi-family 1 and 2 zoning and what impact they would have on the City, and have already been talking with some of the homeowners and the City Council about this because the Planning & Zoning Commission Members are also concerned about this. Chair- man Fiumara then called upon Member Warmack who stated that the Planning & Zoning Commission did in fact see a Master Plan that was just it, there was no zoning request made and the Master Plan did not have any zoning classifications on it. It has been approved by resolution only. He further added that the Planning & Zoning Commission is only now beginning to define what Multi-family 1 & 2, and Townhouse should be because they are not satisified with what the definitions are now and don't, feel they represent the direction of the City right now. In conjunction with other zoning ordinances, the Members are going through them step by step and defining these, and until they are defined, a legitimate yes or no cannot be made to this zoning request change. That is the reason for this 60 day moratorium, it will give the Members time to study MF-1 & 2, and Townhouse, and it may not even be those classifications, but it will be defining multi-family in various levels of multi-family as we have in schematic form already discussed them. They are not in ordinance form yet and neither is the Master Plan, so to say we have passed the Master Plan is totally incorrect. It has only been passed by resolution for the concept of the Master Plan, not by ordinance, and neither has the zoning. Chairman Fiumara then called again on Jeff Small who stated that anyone who is interested in being able to get some input to everyone, that there will be a homeowner's meeting at his residence, 5652 Tucker, at 7:30 p.m. on this coming Saturday evening. He further added that he wanted everyone to under- stand that there is in effect at this time, zoning ordinances that are legal, law passed ordinances on Multi-family 1 & 2, Townhouses, Retail Services, and Industrial zoning, and this zoning request by Fox & Jacobs would not have been deferred if every- one hadn't gotten together and worked on it. He went on to say that this zoning request should not have even gotten to this point if everyone had been aware of what was going on, and he didn't want anyone present tonight to think their time had been wasted because Fox & Jacobs was not present this evening, and he thanked everyone for working together. Steven Kelly, 5648 Tucker St., stated he agreed about the mis- information floating around, and claims a lot of it is coming from Fox & Jacobs. He added that he was told that the land in question for the proposed zoning request change would remain single family and he feels Fox & Jacobs is negligent in misinforming people. Chairman Fiumara than stated that all meetings for Planning & Zoning and the City Council are open to the public and all agendas stating when and where these -2- will be held are posted at City Hall, and he encouraged ail to 'attend and work together. At this time a five minute recess was held afterwhich Chairman Fiumara then went on to Item 2 on the agenda. 2. FINAL PLAT APPROVAL FOR DUNNING DEVELOPMENT COMPANY At this time, Chairman Fiumara called upon Mr. Steven A. Reed who stated that Dunning Development Company was coming back before them tonight for final plat approval for the retail strip of land that had been previously approved for a zoning change. He added that the plat does meet all the necessary City requirements. Pat Donovan and Sam Kartalis of Dunning Development Company were present to answer any questions. General discussion followed afterwhich Member Cravens made a motion to approve the final plat for Dunning Dev~opment Company as presented. Seconded by Member Stanton, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 3. PUBLIC HEARING FOR A ZONING REQUEST CHANGE FROM SINGLE FAMILY TO TEMPORARY SPECIFIC USE PERMIT ON A TRACT OF LAND SITUATED 615 FEET EAST FROM INTER- SECTION OF ETHRIDGE DR. AND NEWTON ST. BEARING NORTH 01° 24' 19" WEST AND 280 FT. WEST FROM INTERSECTION OF KEYS DRIVE AND NEWTON ST. BEARING SOUTH 24° 40' 03" WEST. LOCATED AT BEARING 88° 27' 30" EAST ON NEWTON ST. ON LOTS 13, 14, and 15, UPON THE APPLICATION OF UVALDE CONSTRUCTION COMPANY TO CONSTRUCT A TEMPORARY CONCRETE BATCH PLANT. Member. Metting made a motion to open the public hearing. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Fiumara then turned the meeting over to Mr. Reed who stated that since this public hearing was scheduled and notices mailed out, the location for the temporary concrete batch plant had been changed. Therefore, since thereis now no request for a permit for the published location, he recommended that this public hearing be tabled indefinitely. A motion was made by Member Cravens to table the public hearing. Seconded by Member Stanton, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 4. PUBLIC HEARING FOR A ZONING REQUEST CHANGE FROM SINGLE FAMILY TO TEMPORARY SPECIFIC USE PERMIT ON A TRACT OF LAND SITUATED 255 FEET EAST FROM INTERSECTION OF ETHRIDGE DR. AND NEWTON ST. BEARING NORTH 01° 24' 19" WEST AND 630 FEET FROM INTERSECTION OF KEYS DRIVE AND NEWTON ST. BEARING SOUTH 24° 40' 03" WEST. LOCATED AT BEARING NORTH 88° 27' 30" EAST ON NEWTON ST. ON LOTS 19, 20, AND 21, UPON THE APPLICATION OF UVALDE CONSTRUCTION COMPANY TO CONSTRUCT A TEMPORARY CONCRETE BATCH PLANT. Member Sopas made a motion to open the public hearing. Seconded by Member Metting, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Fiumara then turned the meeting over to Mr. Reed who stated that the Final Plat for Section 29 has been approved by Council for Fox & Jacobs. The Specific Use Permit will be for a temporary concrete batch plant to be placed on lots 19, 20, and 21 and will only be in operation for approximately 30 t° 45 days in order for the roads in Section 29 to be paved. He further added that consideration should be given to the fact that the roads do have to be paved somehow and the only other alternative would be to bring the concrete in from an outside location which would entail many trips from concrete trucks throughout the day and would also overlap with the start of school with the concrete trucks having to go thru school zones. He further added that batch plants and locations are governed by Texas Air Control Board regulations which limit the amounts of dust and other pollutants which can be discharged from the site. Uvalde Construction Co. shall have a water truck on the site throughout the'duration of the job to keep the materials from generating any -3- amount of,dust.* Mr. J&m Alle~, representative of UYalde Construction 6o. was present to answeT any questions. Chairraan Fiu~ara asked approximately bow lOnB the plant would be thereconsidering all weather factors. Mr. Allen stated it would be 30 to 45 days maximum and Mr. Reed stated Uvalde Construction Co. would be given a maximum of 60 days for completion. Member Warmack asked where Section 29 was defined as being, and he was shown the location on the plat. General discussion followed afterwhich Chairman Fiumara asked if any citizens had any input. Carol Frey, 4921S. Colony Blvd., was concerned about the dirt. Mr. Allen stated that the ground would be watered continuously throughout the day keeping the dust and dirt problem to a minimum. There being no further in- put from the public, Member Warmack made a motion to close the public hearing. Seconded by Member Cravens, the motion'was passed by the following vote: Ayes: All members present voted aye Noes: None A motion was then made by Member Cravens to approve the request to Uvalde Construction Co. for a zoning request change from Single Family to Temporary Specific Use for the construction of a temporary concrete batch plant. Seconded by Member Stanton, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 5. PUBLIC HEARING FOR A ZONING REQUEST CHANGE FROM SHOPPING CENTER TO SPECIFIC USE PERMIT FOR PIZZA X-PRESS RESTAURANT LOCATED AT 5000 FM 423, SUITE 318, FOR THE SALE OF LIQUOR OFF-PREMISES UPON THE APPLICATION OF JEFFREY BRAND. A motion was made by Member Melting to open the public hearing. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None At this time the meeting was turned over to Mr. Reed who stated that a request had been received from Jeffrey Brand on the behalf of Pizza X-Press for a Specific Use Permit for the off-premises consumption of alcoholic beverages. He further stated that no consumption of alcoholic beverages will occur on the premises. A discussion took place with the Chief of Police who stated there was virtaully no way to control the selling of alcoholic beverages to minors and this would pose a problem. The staff is recommending denial of this request. He then introduced Jeffrey Brand, owner of Pizza X-Press who stated that Pizza X-Press is not in the business to sell alcoholic beverages but rather to sell pizza and would like to offer as an extra service the delivery of alcoholic beverages off-premises. Chairman Fiumara asked if basically Pizza X'Press wanted to deliver to homes, and Mr. Brand stressed that the primary service of his business was the selling of pizza and not alcoholic beverages, and that the alcoholic beverages would be sold off-premises only. Member Cravens asked if this request met all the state require- ments and Mr. Reed stated that Pizza X-Press does meet all state requirements. Member Cravens further asked if all the employees who would be handling and delivering the alcohol would be 18 years of age. Mr. Brand replied that he only has one employee who is under the age of 18 and this one employee would not be handling the alcohol. Chairman Fiumara asked if Mr. Brand was aware that the age limit might be raised to 21 years of age. Mr. Brand replied that he would comply with the law if the age limit was raised. At this time, Chairman Fiumara asked for any input from the public. Shelly Roth, 5601 Pruitt, was opposed to the request due to the apparent lack of control of the age limit of those requesting home delivery of alcoholic beverages. Sharon Childers, 4840 Alta Oaks, is opposed to the request also due to the lack of control of the age limit of those requesting home delivery of alcOhOlic beverages. Wendy Small, 5652 Tucker, was opposed to the request likewise due to the lack of control of those requesting home delivery of alcoholic beverages. Carol Frey, 4921 S. Colony Blvd., was opposed to the request also due to the lack of control of the age limit of those requesting home delivery of alcoholic beverages. Jeff Small, 5652 Tucker, asked how the age limit could be controlled at all. Mr. Reed stated that the Police Department had stated that it would be virtually impossible to place any kind of control on it. Mr. Brand stated he had not made any kind of study on how he was going to monitor the situation. Sharon Childers further asked if there would be a limit on the amount of beer ordered, and Mr. Brand replied there wonld be no limit set. Kay Einig, 5600 Treese, asked if Pizza X-Press was given approval to sell alcoholic beverages off-premises and they started receiving complaints would they discontinue selling off-premises, and Mr. Brand replied that if enough com- plaints were received they would discontinue selling alcoholic beverages off- premises. David Bird, 5632 Truitt, stated he is opposed to the zoning request due to the fact there is a drinking problem everywhere not just among teenagers. Paul Newman, 5657 Perrin, stated he is for the zoning request because he woUld like to be able to buy his beer and pizza at the same place at the same time. -4- At this time, Chairman.Fiumara made a motion to close the public hearing. Seconded by Member Metting, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None Member Fiumara made a motion to deny the request for Pizza X-Press for a zoning change from Shopping Center to Specific Use Permit to sell alcoholic beverages off-premises. Seconded by Member Sopas, the motion to deny the request was approved by the following vote: Ayes: All members present voted aye Noes: None Items 11 and 12 are being tabled until the next scheduled meeting on July 31st. There being no further discussion, the meeting was adjourned at 9:35 p.m. Robert Fiumara, Chairman Beverly Nopp, 'Commfs~s ion Secretary -5- MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JULY 31, 1984 A WORK SESSION of the Planning and Zoning Commission of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Bob Fiumara Chairman Bill Metting Member Bruce Sopas Member Eric Stanton Member Tom Cravens Member Earl Brantley Member John Warmack Member and with no members absent, thus a quorum was established. Director of Community Services, Steven A. Reed, and Chief, Building Inspections, I. R. Bradburry were also present. 1. REVIEW TRAFFIC STUDY ON STEWART CREEK PENINSULA. The Planning & Zoning Commission Members held a general discussion on the traffic study of Stewart Creek Peninsula afterwhich Chairman Fiumara made a motion to maintain no less than a C level of traffic on North Colony Boulevard. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members Present voted aye Noes: None 2. CONSIDERATION OF SOUTHERN MASTER PLAN. The Planning & Zoning Commission continued its review of the Southern Master Plan. Mr. Steven A. Reed, Director of Community Services, stated that the hearing for the request for the change of zoning on duplexes in this area has been scheduled for August 28th. He further stated that the City will initiate the zoning change for Specific Use Permit required for the High School site to save time. He also said that the City Council would like to have a work session with the Planning & Zoning Commission some time in August. Bob Pettit, representative of Fox & Jacobs, was present to discuss with the Commission Members the Highway 121 Business District, a copy of which was given to Mr. Pettit this evening. Member Warmack went over the changes the Commission Members had made very briefly and also added that on the application for Bonus Density Plan, another item needs to be added on Location Factor. He further stated that he would have a definition for Location Factor ready as soon as possible. It was decided to schedule a work session on August 14th. This will give Fox & Jaxobs time to study their copy of the Highway 121 Business District. 3. REVIEW CALENDAR The calendar was reviewed and updated, a copy of which is attached to the minutes. 4. CONSIDERATION OF REVIEW OF RESIDENTIAL ORDINANCES. 5. CONSIDERATION OF BONUS PLAN BY SUBCOb~ITTEES. At this time, it was decided to table Items 4 & 5 until the work session scheduled for August 7th. There being no further discussion, the meeting was adjourned at 9:10 p.m. Robert Fiumara, Chairman y pp, ~ommission Secretary MINUTES OF THE PLANNING & ZONING COb~ISSION ~ OF THE CITY OF THE COLONY HELD ON AUGUST 7, 1984 A WORK SESSION of the Planning and Zoning Commission of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Bob Fiumara' Chairman Bill Metting Member Tom Cravens Member Bruce Sopas Member John Warmack Member and with Members Brantley and Stanton absent; however a quorum eas established. Steven A. Reed, Director of Community Services, and I. R. Bradburry, Chief, Building Inspections were also present. 1. CONSIDERATION OF PHASE 5-NORTHEAST MASTER PLAN & CONSIDERATION OF RESIDENTIAL ZONING ORDINANCES. Mr. Bob Pettit, and Mr. Larry Ludwig, of Fox & Jacobs were present. Also present was Mr. Jeff Small who has met with Mr. Pettit in a neighborhood meeting and given him some proposed changes on the zoning request for Phase 5-Northeast Master Plan. Mr. Small stated he was not prepared this evening to present anything to the Planning & Zoning Commission, preferring to give Fox & Jacobs time to go over their recormnended changes and meeting with them again before coming back to the Commission. The Commission members then went on to the study of residential zoning ordinances and started reviewing multi-family. General discussion took place afterwhich the following recomnended changes were made: There shall be a MF 1, 2, 3, & 4 with the following requirements: MF 1 & 2 - 2 stories high MF 3 - 3 stories high MF 4 - 4 or above stories high and considered a PD The following setback requirements were also recommended: no apartment building may be erected nearer than fifty (50) feet to the centerline of the street on which it fronts. In all districts where buildings are erected or altered to exceed two stories in height and where such building(s) are adjacent to (regardless of which side) a Single-family, Two-family, Single-family-attached, Multi-family-l, Multi-family-2, Multi-family-3 dis- trict, or the Multi-family-4 district where there are existing structures less than three stories in height, in addition to the minimum yard standards specified, an additional building setback shall be provided from the residential district of twenty-five (25) feet, plus twice the height of the portion of the building above two stories, as measured from the property line. If such district is adjacent to an MF-4 district in which buildings of varying heights above three stories exist on the same lot, this setback requirement shall not apply. The floor area shall be a minimum of 600 square feet for 1 bedroom, and each development shall average a minimum of 800 square feet or as per approved site plan. The density shall be regulated by the bonus plan at 50%, and will be as follows: MF 1 - minimum of 10, maximum of 15 units per acre MF 2 - minimum of 12, maximum of 18 units per acre MF 3 - minimum of 16, maximum of 24 units per acre MF 4 - will be a PD The definition for story shall remain the same. The definition for Special Height Regulations (12-102) shall remain the same with the exception of the following change in the first sentence which is proposed to read as follows: In the districts where the height of the buildings is restricted to two (2), two and one-half (2~), or three (3) stories, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed forty-five (45) feet above the average grade line of the building. The definition for side yards shall remain the same with the exception to the last sentence in 11-501-(2) which is proposed to read as follows: Where a high-rise apartment building exceeding two (2) stories in height is constructed in the MF-3 or PD district, the side yard shall be increased one (1) foot for each two (2) feet the structure exceeds two (2) stories but no such yard need exceed fifty (50) feet. Discussion continued on the brick requirements and it was decided to leave as is on the 70% brick requirements., The questions of inside and outside storage was brought up which was decided that it needed to be looked into further. The parking space minimums per unit is recommended to be changed as follows: 2~ parking spaces for 1, 2, and 3 bedroom multi-family dwellings. *correction to read as follows - Discussion continued on the brick requirements and it was decided to leave as is on the 70% brick requirements on Sing~Family residential. 2. CONSIDERATION OF BONUS PLAN BY SUBCOMMITTEES. 3. CONSIDERATION OF SOUTHERN MASTER PLAN. These two items are tabled until the next regularly scheduled meeting. There being no further discussion, the meeting was adjourned at 9:50 p.m. ~ob~r-~ Fiumara, Chairman Beverly N~pp, Con~nission Secretary MINUTES OF THE PLANNING & ZONING COMMISSION 3~ OF THE CITY OF THE COLONY HELD ON AUGUST 14, 1984 A REGULAR SESSION of the Planning and Zoning Commission of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Eric Stanton Member Bill Metting Member Bruce Sopas Member Earl Brantley Member John Warmack Member and with Member Cravens absent; however a quorum was established. Director of Community Services, Steven A. Reed, and Chief, Building Inspections, I. R. Bradburry, were also present. 1. APPROVAL OF MINUTES OF JULY 24, 1984, JULY 31, 1984, AND AUGUST 7, 1984. Member Metting made a motion to approve the minutes of July 24, 1984, July 31, 1984, and August 7, 1984, with the following corrections to the minutes of August 7, 1984. The next to last paragraph, first sentence, on page one will read as follows: Discussion continued on the brick requirements and it was decided to leave as is on the 70% brick requirements on Single Family residential. Seconded by Member Sopas, the motion with the correction was approved by the following vote: Ayes: All members present voted aye Noes: None 2. PUBLIC HEARING FOR LITTLE FRIENDS PRE-SCHOOL ON REQUEST FOR CHANGE OF ZONING FROM SPECIFIC USE-CHURCH TO SCHOOL. Member Metting made a motion to open the public hearing. Seconded by Member Sopas, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None At this time, Chairman Fiumara turned the meeting over to Mr. Steven A. Reed, Director of Community Services. Mr. Reed stated that a zoning request change had been received from the Little Friends Pre-School requesting a change of zoning from Specific Use-Church to School. The Little Friends Pre-School is requesting a zoning change on the annex building behind The Colony United Methodist Church, the main sanctuary will remain zoned as Specific Use-Church. The Pre-School will be only for children aged 3 and 4 years old and there will be a maximum of 15 enrolled. The children will only be going to the school from approximately 8:30 in the morning until noon, Monday thru Thursdays, and the school will run from September thru May as on a regular school year. Little Friends will be leasing the building from the church and since they are independent from the church, the zoning change is required to run the school. If the church were operating the school, no zoning change would be required. The school would employ two teachers and the parking on site would be adequate for the amount of students enrolled in the school. An inspection was made of the building, and with some minor corrections, staff feels that the building can be safely used for this pre-school. Staff does recommend approval of the request for Specific Use Church and School. Rebecca Aungst and Pam Parrott, representatives of the Little Friends Pre-School were present to answer any questions. They did clarify that the children will be in the school only from 9-11:30 a.m. and parents will be asked to drop children off by driving into the parking lot, as well as when the children are picked up. There will be a maximum of 15 children per day with two adult teachers and the building does have two restrooms. The school has applied for a state license to run the facility and a re- presentative from the state has come to inspect the building and has indicated approval will be granted. At this time, Chairman Fiumara asked for any input from the public. Janice Zimmerman, 5236 Avery Lane, stated she is concerned about the growth in The Colony and is also concerned about the property value of her home. She added that she had convassed the neighborhood and visited with approximately 16 families. 14 of the 16 families had signed a petition which she had with her this evening 'along with some pictures of the church and annex building. She stated a concern on the maintenance of the building. She further stated that there is a traffic concern on Avery Lane due to the people who go to the church parking on the street, a concern about the annex building being unsafe, and a major concern on the maintenance of the building. The annex building is portable and when the building was first moved behind the church, an agreement was made that the building would be bricked and it has not been done so yet. Mrs. Zimmerman also had a question about a non-profit organization becoming a profit making organization. Jack Watson, 4900 Avery Circle, stated he was in agreement with everything said by Mrs. Zimmerman and also stressed a concern with traffic on Avery Lanel Bill Zimmerman, 5236 Avery Lane, is also concerned about a church becoming a profit making organi- zation. He also questioned no sidewalk in front, and is totally against the Little Friends Pre-School arrangement. He is concerned about traffic congestion on Avery Lane and the property values of his home being lowered. The representatives of the Little Friends Pre-School stated they would like to clarify that the parking problems of the church should not be considered as a parking problem of the Pre-School. Parking of the Pre-School will only involve dropping off of children in the parking lot at 9:00 a.m. and picking them up again at 11:30 a.m. There will only be two full time teachers who will be parked in the parking lot during the time the school is in session. Tonda Longenecker, 5220 Avery Lane, is also in agreement with what the Zimmermans stated. She further had a question on the zoning request and asked if the church was asking for the zoning change or the Pre-School. Mr. Reed stated that the request was made by the Little Friends Pre-School. Mrs. Longenecker further asked if the zoning request was approved and changed to school, coUld any school then lease the building as a school if the Pre-School went out of business. Mr. Reed stated that is correct on the zoning, once a zoning change has been approved, the zoning will stay with the piece of property regardless of who is using the building. Susan Watson, 4900 Avery Circle, is con- cerned about the annex building not being bricked or maintained. Leonard Kelly, 5244 Avery Lane, is in agreement with what has been already stated, and also feels the zoning request change should come from the church. He further stated when the building was moved, it was with the understanding that it would be bricked and on a solid foundation. Shirley Paschke, 5208 Avery Lane, stated she does not object to the Pre-School, however she is concerned with the change of zoning for school. Carol Dobrenic, 5668 Powers, is in favor of the zoning change. She further stated that there is a big difference be- tween a Day Care and a Pre-School. Janice Zimmerman further added that as a homeowner the main concern is with the facility not presently being maintained and the church is still responsible for maintaining it. She added that the zoning request would not be opposed for the school if the facilities are maintained. Bill Zimmerman added that he is really concerned with the facility not being maintained and would not oppose the zoning request if the facility was maintained. At this time, Member Sopas made a motion to close the public hearing. Seconded by Member Stanton, the motion was approved by the following vote: ~ Ayes: All members present voted aye Noes: None Chairman Fiumara then asked staff if the church had adequate parking. Mr. Reed stated it has sufficient parking to address the needs of the Pre-School. Chairman Fiumara then asked if the annex building was required to be bricked at the time it was moved behind the church. Mr. Reed replied that the minutes had been checked into and he had spoken with several councilman whO had been around at that time and no one could find anything that was legally binding requiring the annex building to be bricked. However he did state that there had probably been a verbal agreement by the church to eventually have the building bricked. Mr. Reed added that whether or not the facility is bricked or not is irrelevant to the question of whether or not the Pre-School is a suitable use for this particular property. Chairman Fiumara then asked if the fire, health, and building inspections had been made. Mr. Reed replied they had. Mr. Bradburry stated the City had made a preliminary inspection and the representatives of the Pre-School had been given a list of what they had to do to bring the building up to code in order to receive a certificate of occupancy. He further stated that all codes are minimum requirements and that it does meet the minimum requirements. Member Stanton wanted to clarify that the only reason the zoning change was being requested was because the Pre-School was independent from the church and if the church chose to run the Pre-School they would not have to come before the zoning commission but could instead apply for their own license from the state. Mr. Reed replied that was correct. Member Warmack asked if there was a legal description for the zoning request of the 1469 sq. footage and if this included the building plus ~ some property. Mr. Reed stated it did include the building plus some property and a legal description would be received later. There being no further questions, Member Sopas made a motion to deny the request of Little Friends Pre-School for a change of zoning from Specific Use-Church to School. There was no second to the motion, therefore the motion died for lack of second. Chair- man Fiumara then made a motion to send the request to City Council with no recommendations for approval or denial, adding that more information is needed on the bricking of the building, and more information is needed on whether or not they have met all requirements. He also added the City Council should be aware of the citizens input. The motion was seconded by Member Sopas, however before a vote was taken, there was discussion. Member Warmack stated he thinks the representatives of the Little Friends Pre-School need to have a recommendation from the Commission this evening before the Council can act upon it or they will run out of time if the Commission does nothing at this time. He further recommended that the motion by Chairman Fiumara be rejected. The Commission was then polled on the motion from Chairman F iumara with the -2- the motion being approved by the following vote: Ayes: Members Metting, Sopas, Stanton, and Fiumara Noes: Members Warmack and Brantley 3. PUBLIC HEARING FOR THE COLONY UNITED METHODIST CHURCH ON REQUEST FOR CHANGE OF ZONING FROM SPECIFIC USE-CHURCH TO S.INGLE FAMILY. Member Metting made a motion to open the public hearing. Seconded by Member Stanton, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None The meeting was turned over to Mr. Reed who stated that a request had been received by The Colony United Methodist Church for a change of zoning from Specific Use- Church to Single Family. The tentative proposal that the church has presented to the City is that they would subdivide the property into approximately 10 to 12 lots ~ich they would then sell to a developer to develop into single family homes. Part of that would also involve construction of a residential street which would head north off of Avery Lane and curve 90 degrees to the east and connect back out to Paige Road between the Peters Colony Shopping Center and the Methodist Church. Staff feels like the addition of 10 to 12 homes would not have a significant adverse impact on traffic flow in the area. One concern of staff is that any homes built on these 10 to 12 lots, assuming zoning is approved, be recommended to be built to a similar size of the existing size homes in this area. Based on that concern, staff recommends the Commission request the church place a deed restriction on the property limiting the size of the homes which could be built on the property. In our current single family zoning, we can only require a minimum of 1100 square feet, so there is no way the City can legally require a de- veloper to just purchase the property out right and build larger than 1100 square foot homes. With that one reservation, staff does recommend approval of the zoning change. Those present from the church are Rev. George Fisk and Mr. Don Chase, Financial Director of the church, who have some sketches and a map of the area showing what they are pro- posing. Mr. Chase stated the church proposed to sell 2.6 acres of the church's land and are currently negotiating with a custom home builder, and if the restriction is placed upon them to limit the size of the homes, they will do so. Member Metting asked if there was going to be a cut in the median so that people can go either way ~nd if this was included in the request. Rev. Fisk replied if they were allowed to do so since this is city property, they would include this in their request. At this time, Chairman Fiumara asked for any comments from the public. Janice Zimmerman, 5236 Avery Lane, had a question that if the church sells the property it does not leave them any room for growth. She also asked if the homes would hav~ rear entry garages. Chet Longenecker, 5220 Avery Lane, s~ated he has no objections the the rezoning of the property, however his concern is with the square footage of the homes. He would like to see comparable homes to the existing homes with 2 car garages and rear entry. He also stated he had a question on the parking lot of the church having adequate parking space. Mr. Bradburry stated that the codes state that you have to have 1 parking space for every 4 seats in the sanctuary. Mr. Reed further added that when the property was zoned in 1979 when the comprehensive zoning ordinances were adopted, the property was already developed, therefore it came in under a grandfather clause so the City could not go back and retroactively require them to add additional things that were being required as part of the new zoning ordinances. Mr. Bradburry stated the parking lot is restricted to the main sanctuary. Mr. Longenecker further stated that his main objection is with the square footage of the homes. Bill Zimmerman, 5236 Avery Lane, is real concerned on proper ~documentation. Mr. Reed then explained the zoning process to Mr. Zimmerman. He stated he was also concerned with the minimum square footage being 1100 square feet, and would like to see in writing by the builder what the square footage will be. Bernard Merwald, 4901 Avery Circle, had a question on the parking lot of the church, and Chairman Fiumara stated the parking lot has nothing to do with the zoning request. Shirley Paschke, 5208 Avery Lane, stated her concerns are the square footage of the proposed homes and the only objection she would have would be if no deed restrictions are placed cn the size of the homes. Bill Zimmerman, 5236 Avery Lane, still had a question on the minimum of 1100 square footage homes, and he is still concerned that the proposed homes be built comparable to existing homes. Chet Longenecker, 5220 Avery Lane, stated he would have no objections to the zoning change if there are deed restrictions placed on the lots so that they are comparable to all 'surrounding City homes in this area and meet all City requirements on brick. The present lots in this area are 62' x 115', and he would like the average lot in the new homes to have average dimensions of immediate surrounding homes, have 2 car garages with rear entry, and the square footage be no less than 1650 square feet. Bill Zimmerman stated the square fOotage that is being talked about is living area only. -3- At this time, Member Metting made a motion to close the public hearing. Seconded by Member Stanton, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None Member Metting then made a motion to approve the request for zoning change from~ Specific Use-Church to Single Family providing the church will add the following ~deed restriction requirements. Must have a minimum lot size that is equal to or greater than the adjoining lots, the houses must have a rear entry 2 car garage, and that they have the same or better than the average air conditioned living area of 1650 square feet. Seconded by Member Sopas, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None Member Tom Cravens joined the meeting at this time. 4. CONSIDERATION OF PRELIMINARY PLAT FOR FAMILY LIFE. Chairman Fiumara then turned the meeting over to Mr. Reed. Mr. Reed stated that approximately 5 weeks ago the Commission had approved the zoning request change for a piece of property generally located at Keys and Anderson on the west side of 423 for a Specific Use for a Day Care. It was approved by the City Council on August 13th for a Specific Use Permit. They have now submitted to us a site plan and a pre- liminary and final plat of the property. Mr. Travis Case of Family Life, and Mr. Marion Reed, their architect, were both present to answer any questions. Mr. Reed further added that he had reviewed the proposed plat and site plan with the Fire Chief and Building Inspector, and it does meet all existing codes as indicated on the plat. The site plan is basically the same site plan as presented earlier. There are a couple of changes that have been made that were suggested at that time, 1) lengthening the distance between the northern point of the building and the property line to 25', and 2) concern about the radius in the driveway for emergency vehicles has been agreed that on the final site plan that will be included as a wider driveway for vehicles. Staff sees no problem in approving the preliminary and final plat. Member Cravens made a motion to approve the preliminary and final plat for Family Life. Seconded by Member Stanton, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None At this time, the Commission took a five minute break with Member Metting leaving at this time. After the break the Commission continued on to Item No. 5. 5. WORK SHOP WITH FOX & JACOBS ON HIGHWAY 121 BUSINESS PARK DISTRICT ZONING REGULATIONS. Mr. Reed stated that the Commission members need to finalize as much of their work as possible on the zoning for this business park as the City Council is anxious to have a work session to go over this together. A tentative date of September lOth has been set for a work session with council. Bob Pettit and Larry Ludwig were present from Fox & Jacobs. Member Warmack presented the Commission members with the following change in the Floor Area Ratio which reads as follows: The Base Floor Area Ratio (F.A.R.) for all structures within this district shall be a ratio of 4 (four) to 1 (one). Such base F.A.R. shall be adjusted by applying the location factor and density bonus as described below. The definition for Location Factor will be added as Item 3A and will read as follows: The Base F.A.R. multiplied by the location factor for a zoned property will result in an adjusted F.A.R. The Location Factor shall be designated in the zoning district title as a subs6ript of the title. Example: In a C1.25 zoned district, the base density of 4 (four) to 1 (one) will be multiplied by the location factor subscript (.25) to obtain'an adjusted F.A.R. of 1 (one) to 1 (one). The location adjusted F.A.R. will then be increased by the Density Bonus Application described below. Mr. Pettit of Fox & Jacobs proposed that next to residential, instead of 2 (two) to 1 (one). sloping, be 6 (six) to 1 (one) sloping. All other cases be a 2 (two) to 1 (one). General discussion followed afterwhich it was decided to have Herschel Lindley and Fox & Jacobs attend the next regularly scheduled meeting on August 21st, to further discuss this. Further questions on percentage of open space, landscaping, and additional comments on location factor will be brought up at the next meeting on August 21st. -4- 6. CONS[DE~T[ON O¥ ?HASE 5-NORTHEAST HASTER ?LAN AND CONS[DE~T[ON O? RES[DENT[AL ZON[NO ORDINANCES. Hr. Reed stated that he had co~tacted several area c~ties, a~d no o~e had any brick requirements for multi-family zoning. He added he would check further into this as well as on storage requirements. 7. CONSIDE~TION OF BONUS PLAN BY SUBCO~ITTEES. This item was tabled until the next regularly scheduled meeting. There being no further discussion, the meeting was adjourned at 10:00 p.m. Robert Fiumara, Chai~an e erly Nopp, uomm~ssion Secretary -5- MINUTES OF THE PLANNING & ZONING COMMISSION 3~ OF THE CITY OF THE COLONY HELD ON AUGUST 21, 1984 A WORK SESSION of the Planning and Zoning Commission of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Eric Stanton Member Bill Metting Member Bruce Sopas Member Earl Brantley Member John Warmack Member Tom Cravens Member and with no members absent; thus a quorum was established. Director of Community Services~ Steven A. Reed, and Chief, Building Inspections, I. R. Bradburry, were also present. 1. CONSIDERATION OF COMMERCIAL ZONING ORDINANCE Herschel Lindley of Schrickel Rollins and Larry Ludwig, Bob Pettit, and Jim Bell of Fox & Jacobs were present. Mr. Reed reminded the Commission Members that he would like for them to finish as much work as possible this evening so that a work session can be held with the Council on September 10th. At this time, Chairman Fiumara turned the meeting over to Herschel Lindley. Mr. Lindley had an alternate proposal to the Commission's Bonus Density Plan which he presented to them this evening. He stated it would accomplish basically the same thing the Commission was trying to do. However after listening to Mr. Lindley's proposal, the Commission was not in agreement with it being an alternate proposal to the Bonus Density Plan. Member Warmack stated the setbacks as shown by his proposal would work well with commercial zoning against a residential area, however the Commission is more .concerned with areas that these setbacks would not work well in such as an area that would have more depth of commercial. General discussion continued with Mr. Lindley, afterwhich the Commission continued working on definitions for the Bonus Density Plan. A change in the definition of Floor Area of Structure, first sentence, will now read as follows: Shall include total enclosed floor area measured to inside face of ex- terior walls. The following definitions were approved: Views from Major Roads: Views into the city from major roadways in and around the City are of prime concern. The degree to which a developer has recognized the impact his development may have on the appearance of the City from traffic ways will be acknowledged by an increase in density of up to 8%. Internal Amenities: Internal services or attractions within a development serve to intensify circulation within an immediate area and therefore reduce somewhat traffic intensity at peak movement periods. An increase in density of up to 6% will be allowed for projects which include internal amenities. Amount of increase awarded will be in proportion to the degree to which the amenities reduce traffic intensity and will be related to the general quality of the amenities. Offsite Improvements: Offsite improvements made by the developer for use of the City may qualify the projects for an increase in density of up to 6%. Such improvements may be made in response to requests made by the City, however initiative on the part of the developer to anticipate items which will benefit the City is especially encouraged. Energy Efficiency: Efforts by the developer to equip his project with more efficient heating and cooling equipment or more efficient lighting systems are encouraged. Using a standard usage of 2.5 watts per square foot for lighting, and 6 watts (or equivalent) per square foot for air conditioning and ventilating and heating, the amount of density increase obtained with this bonus shall be determined as follows: Percentage Decrease in Energy Usage: Percentage increase (From the above standards) in Density 5% 1% 10% 2% 15% 3% 20% 4% 25% or more 5% Other minor correction were made and a Final Draft is to be typed and distributed to the Members along with their packet for the next regularly scheduled meeting. 3 .I '.3 2. CONSIDERATION OF RESIDENTIAL ZONING ORDINANCE. 3. CONSIDERATION OF BONUS PLAN BY SUBCOMMITTEES. These two items were tabled until the next regularly scheduled meeting. There being no further discussion, the meeting was adjourned at 10:00 p.m. R~bert Fiumara, Chiarman Beverly Nope, Com~a{ssion Secretary MINUTES OF THE PLANNING & ZONING COMMISSION 3'5 OF THE CITY OF THE COLONY HELD ON AUGUST 28, 1984 A REGULAR SESSION of the Planning and Zoning Commission was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bruce Sopas Member Eric Stanton Member Earl Brantley Member and with Members Warmack, Cravens, and Metting absent, however a quorum was established. Director of Community Services, Steven A. Reed, and Chief, Building Inspections, I. R. Bradburry were also present. 1. APPROVAL OF MINUTES OF AUGUST 14, 1984, AND AUGUST 21, 1984. Member Stanton made a motion to approve the minutes of August 14, 1984, and August 21, 1984. Seconded by Member Sopas, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None 2. CONSIDERATION OF APPROVAL OF SITE PLAN FOR FAMILY LIFE ACTIVITIES. At this time, the meeting was turned over to Mr. Reed. Mr. Reed stated that Mr. Travis Case, representative of Family Life Activities was present this evening to answer any questions from the commission. The preliminary and final plat were approved at the last meeting. All changes that were requested to be changed have been changed on the site plan, and it has been reviewed and approved by the Fire Chief and Police Chief. The site plan meets all the require- ments for building setbacks, setback off the street, fire lanes, parking places, and all code requirements. Mr. Reed further added that staff does recommend approval of the site plan. Member Stanton made a motion to approve the site plan for Family Life Activities. Seconded by Member Sopas, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF FINAL DRAFT OF BUSINESS PARK ZONING DISTRICT. At this time, the commission members briefly discussed the Business Park Zoning District. One correction was noted on Page 7, K. Developer's Option, changing the 4th sentence to read as follows: Prorated bonuses of 1% to 6% may be recommended by the Planning and Zoning Commission and approved by the Council. A Work Session is scheduled with City Council on September 10th, to discuss the Business Park Zoning District and the Schedule of Uses. The next scheduled meeting for Planning & Zoning will be on September 18th, 1984. There being no further discussion, the meeting was adjourned at 7:50 p.m. Robert Fiumara, Chairman B ~ sion ~p, Commis Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON SEPTEMBER 24, 1984 A JOINT WORK SESSION of the Planning & Zoning Commission with the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bruce Sopas Member Eric Stanton Member John Warmack Member Earl Brantley Member and with Member Cravens absent; however a quorum was established. Director of ~ommunity Services, Steven A. Reed was also present. 1. JOINT WORK SESSION WITH THE CITY COUNCIL P & Z Member, John Warmack gave a brief overview of the bonus program they have worked up. He reviewed the bonus density program as well. Mayor Sample said this City needs to compete with Carrollton and Piano. He said if we are to get any of the land south of SH 121 we must be compatible with Carrollton. Mr. Warmack said their plans are basically equal to Carrolltons or better. He went on to say they (P & Z) want to encourage sub-level parking in commercial areas. Their reason being, they want to see office buildings rather than multi-level parking garages. Councilman Amick said he would like the North side of SH121 to be more restrictive zoning than the South side. He further expressed the need to compete for tax dollars and this Council feels those dollars will be South of SH121. Mr. Warmack went on to say their plan would do things that would be beneficial to developers. This would hopefully attract good quality developers. There was a lengthy discussion on floor area ratio as related to the bonus plan. Mayor Sample expressed some concern over the location factors South of SH121. After further discussion, the Council and P & Z agreed on several points on which they would like to proceed. Points such as, a 4 to 1F.A.R., all sublevel park- ing exempt, site plan approval, maintain a 2 to 1F.A.R. before bonus north of SH121, and a bonus plan on both north and south. 2. CONSIDERATION OF APPROVAL OF PRELIMINARY AND FINAL PLAT OF A 13.606 ACRE TRACT OF LAND GENERALLY LOCATED WEST OF FM 423 AT SOUTH COLONY BLVD. UPON THE REQUEST OF THE CITY OF THE COLONY. This item was tabled. R~ob e~iu~~ irman Janet Gadd, City Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON OCTOBER 2, 1984 A SPECIAL SESSION of the Planning & Zoning Commission of the City of The Colony, Texas~ was called to order at 7:35 p.m. with the following members present: Robert Fiumara Chairman Tom Cravens Member Earl Brantley Member Bruce Sopas Member and with Member Warmack absent, however, a quorum was established. 3. REVIEW AND DISCUSS RESIDENTIAL ZONING WITH LARRY LUDWIG, REPRESENTATIVE OF FOX & 3ACOBS. With Larry Ludwig present, a brief discussion was conducted on the various issues already settled and those that have not regarding the "revamping" of the Residential zoning. It was determined that the only remaining issues to be settled were those regarding the storage areas and brick percentages. Instructions were given to Sharon Sebera, Deputy City Secretary, to have the Planning & Zoning Commission's secretary, Beverly Nopp~ get together all the information discussed and settled with regard to the Residential zoning and copy for Larry Ludwig and the Commission. Instructions were also given to have Mr. Steven A. Reed, Director of Community Services, gather all the information pertaining to the two issues unsettled so far, i.e. the storage areas and brick percentages. This information is also to be given to Larry Ludwig and the Commission. With no further discussion on this agenda item, the Commission moved on to Agenda item #2. 2. REVIEW AND DISCUSS COMMERCIAL ZONING Member Sopas reviewed the Commission's previous discussions regarding the recommendation of a # to I FAR excluding parking area and including the bonus plan for the area south of SH121; a 2 to I FAR including parking and the bonus plan for the area north of SHI21. The only additional comment by Member Sopas relating to this Commercial zoning was that we need to protect ourselves and add a "...within a one-eighth of a mile of residential ... "restriction. 3anice Carroll, City Manager~ gave a brief input on some staff recommendations at this time. It was decided that the Public Hearing process on the business park and the Schedule of Uses be started on the October 23rd agenda. Following a brief discussion, the Commission proceeded to Agenda item #1. 1. CONSIDERATION OF APPROVAL OF A PRELIMINARY AND FINAL PLAT ON A 13.606 ACRE TRACT GENERALLY LOCATED AT FMg23 AND SOUTH COLONY BOULEVARD UPON THE REQUEST OF THE CITY OF THE COLONY. Chairman Fiumara read the above caption of Agenda Item #1 and turned the floor over to 3anice Carroll, City Manager. Mrs. Carroll then presented the Commission with the plat and explained the combination of both plat and survey. She also explained the division of the one (1) acre purchased by Dunning Development and the fact that the plat does not show the building utility easements, which will be included on the site plan. It was also noted that the plat did not show the adjacent property. After further discussion, Member Cravens moved to approve the preliminary and final plat subject to the adjacent property owner's names being shown on the plat. Seconded by Member Sopas, the motion passed by an unanimous vote. With no further action to be taken by the Planning and Zoning Commission at this scheduled meeting, Member Sopas moved to adjourn the meeting. Seconded by Member Cravens, the meeting was adjourned at $:30 p.m. err Fiumara, Chairman ATTEST: Sharon E. Sebera, Deputy City Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY 3~ HELD ON OCTOBER 23, 1984 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: Robert Fiumara Chairman Bruce Sopas Member Tom Cravens Member Earl Brantley Member John Warmack Member and with no members absent; thus a quorum was established. Director of Community Services, Steven A. Reed, and Building Official, Eric Stanton, were also present. 1. APPROVAL OF MINUTES OF 8/28/84 AND 10/2/84. A motion was made by Member Cravens to approve the minutes of 8/28/84. Seconded by Member Brantley, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None A motion was made by Member Brantley to approve the minutes of 10/2/84. Seconded by Member Sopas, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None 3. REVIEW AND DISCUSSION OF SITE PLAN FOR THE COLONY HIGH SCHOOL. Marshall Durham, Assistant Superintendent of L.I.S.D., and Charlie Parker, member of the L.I.S.D. School Board were present to answer any questions. Mr. Durham stated that when the school is completed, about 2000 to 2200 students will be en- rolled and will probably initially be used for only ninth and tenth grades, the School Board has not yet made a final decision on that. He further added that when completed, the school site will include the school, over 800 parking spaces, two gymnasiums, two football fields, a soccer field, a baseball field, a softball field, and tennis courts. The dirt work is almost finished, and bids for con- struction of the facility will be opened December 13 with construction beginning shortly thereafter. A target date of August, 1986 has been set for opening the school. After reviewing the site plan and discussion by the Commission Members, the follow- ing items were asked to be changed on the site plan before it is brought back before the Commission for final approval: 1. close exit onto Arbor Glen. 2. show screening fence separating school site and alley south of Arbor Glen. 3. detailed landscaping plans. 4. 24' between parking lanes instead of 22'. 5. storm sewer and drainage system. 6. indicate an area of parking for police vehicles along Blair Oaks. 7. indicate that 2 other streets are to be put in before the school is open. A copy of these changes will be sent to Mr. Durham and Mr. Parker. 2. PUBLIC HEARING REGARDING PROPOSED CHANGES TO THE CITY OF THE COLONY'S OFFICIAL ZONING ORDINANCE BY: -AMENDING SECTIONS 3 & 4 BY CREATING A NEW ZONING DISTRICT. -AMENDING SECTION 10 BY REVISING THE SCHEDULE OF USES AND ADDING NEW DEFINITIONS FOR USES. -AMENDING SECTION 12, REGARDING HEIGHT REGULATIONS. -AMENDING SECTION 13, REGARDING PARKING REGULATIONS. -AMENDING SECTION 14, REGARDING OFF-STREET LOADING REGULATIONS. A motion was made by Member Sopas to open the public hearing. Seconded by Member Cravens, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None At this time, Chairman Fiumara turned the meeting over to Mr. Steven A. Reed, Director of Community Services. Mr. Reed stated that whenever a change is made to the zoning ordinance which does not necessarily effect a given piece of property, instead of sending a notice to everyone within 200 feet, a notice is published in the newspaper 10 days prior to a public hearing before the Planning & Zoning Commission since the change effects every property owner in town. Assuming everything is approved by the Commission, it is then for- warded to City Council. Another notice is published in the newspaper 15 days prior to a public hearing before the City Council. The basic changes being made this evening are: 1) creating one additional zoning district, a Business Park (BP), and 2) changing the schedule of uses to eliminate cumulative zoning. There are 16 different definitions being added to the schedule of uses, and 7 current ones are being amended. When adopting a new zoning district, it does require changes to the various sections of the existing ordinance, Section 3 & 4 creating a new zoning dis- trict; Section 10, revising the schedule of uses and adding new definitions for uses; Section 12, regarding height regulations; Section 13, regarding parking regulations, and also in regards to Section 13 to go along with parking reg- ulations, it was noticed by our new Building Official, Eric Stanton, that our current zoning ordinance needs to be amended on detached garages. Our current zoning ordinance requires that all single family dwelling units must have an enclosed attached garage set by the minimum square footage. A strict interpretation of that says that you cannot convert your garage into a den or another living area unless you build another attached garage and what that does is effectively make all the current garage conversions in The Colony illegal. It is being recommended to reword this ordinance to provide that upon initial construction all single family detached dwelling units must be provided with an enclosed attached garage of the same square footage. There will also be changes to Section 14, regarding off-street loading regulations. At this time, Chairman Fiumara asked for any citizen input. There being no citizen input, Member Cravens made a motion to close the public hearing. Seconded by Member Sopas, the motion was approved by the following vote: Ayes: All members present voted aye Noes: None Discussion followed. Mr. Reed stated there was a couple of changes to the schedule of uses that he would like to see before it is approved. Under Carnival or Circus (temp), strike the word (temp), under Concrete or Asphalt & Batching Plant (temp), strike out completely, and on the Business Park Zoning District, Municipal Complex was added to Uses with Specific Use Per- mit, and Theater, not drive-in type was added to Permitted Uses. There being no further discussion, Member Sopas made a motion to approve the recommendations as made. Seconded by Member Warmack, the motion was approved by the following vote: Ayes: Ail members present voted aye Noes: None 4. REVIEW AND DISCUSSION OF RESIDENTIAL ZONING ORDINANCE Chairman Fiumara stated there are 2 open items to be discussed, brick require- ments and on-site storage. Mr. Reed stated that he had talked to several cities and had not been able to find anyone who had brick requirements on multi-family development. As far as on-site storage is concerned, there are some places that have a PD, for specific development where they have required a certain amount of that to be set aside for some type of storage facility such as a townhouse where you would have so much square footage set aside for storage area. After discussion, it was decided not to have any brick requirements on multi-family developments, but instead to go along with the proposal of Building Official, Eric Stanton to amend the current zoning ordinance to provide a 2 hour exterior fire rated wall on all multi-family dwelling units and non-residential units. For on-site storage, it was requested of Mr. Reed to check with other cities to see what percentage they have for storage per dwelling unit. -3- 5. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 OF V.A.C.S, SECTION 2G REGARDING APPOINTMENTS TO THE PLANNING & ZONING COMMISSION. Upon reconvening in open session, Chairman Fiumara made a motion to adjourn the meeting at 9:30 p.m. Rob~ert Fiumara, Chairman ~er£y Nop~p, Commzssion Secretary Minutes of The Planning & Zoning Commission of the City of The Colony, Texas held on November 13, 1984 The REGULAR SESSION of the Planning & Zoning Commission was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Earl Brantley Member John Warmack Member Tom Cravens Member Bruce Sopas Member with a members present a quorum was established. 1. APPROVAL OF MINUTES OF 9/24/84 and 10/23/84 Member Warmack made a motion to approve the September 24th minutes as written Seconc~ed b)- Member Brantley, the motion carried with the following rc, ll call vote: Abstain: Member Cravens Ayes: All other merabers v~ted aye Noes: None Member Brantley then made the motion to approve the October 23rd minutes as written. Seconded by Member Cravens, this motion carried with a unanimous vote. 2. PUELIC HEARING SPECIFIC USE PERMIT - SCHOCL Member Cravens made the motion to open the public hearing. Seconded by Member Brantley, the motion carried with a unanimous vote. Mr. Steve Reed, Director of Community Services, stated the City of The Colony is requesting this change in zoning. He then briefly reviewed how the a?proximately 45 acres were aquired for the school site. Chairman Fiumara read aloud a letter received from Mr. Irby Nowlin a land owner adjacent to the school site. He had some concerns about drainage problems and possible future restrictions on the use of his property and asked for the consideration of the Commission. This letter is attached as "Exhibit A" With no further discussion by the Commission or members of the audience, Member Warmack moved to close the public hearing. Seconded by Member Cravens, the motion carried with a unanimous vote. Member Cravens then moved to approve the zoning change as requested. Seconded by Member Warmack, the motion carried with a unanimous vote. 3. CONSIDERATION OF APPROVAL OF SITE PLAN OF THE COLONY HIGH SCHOOL Mr. Reed advised that City staff has met with Mr. Marshall Durham and Mr. Charlie Parker of the Lewisville Independent School District, regarding the recommended changes to the site plan. The floor was then turned over to Mr. Fred Buford, Architect and Engineer for the High School. He reviewed a detailed landscaping plan. He indicated the entire area would be seeded with grass. They would plant live oak trees and various types of hedge shrubs. Sprinkler systems would be installed as well. Mr. Durham was present as well and said the 2nd phase of the school would begin almost immediately after completion of the 1st phase. : They then reviewed the drainage plans. After a lengthy dis- cussion, it was determined that Fox & Jacobs would add two streets and a storm sewer to eliminate flooding of Blair Oaks and the Nowlin property. With no further discussion, Member Cravens moved to approve the site plan as presented. Seconded by Member Warmack, the motion carried with a unanimous roll call vote. 4. DISCUSSION OF RESIDENTIAL ZONING ORDINANCES Member Cravens would like to require on site storage of boats and recreational vehicles. Following a brief discussion, the general consensus of the Commission is to require a minimum of 5% storage area per unit in the multi family areas. Member Cravens went on to recommend 50 square feet of storeage area per unit. The rest of the members were in unanimous agree- ment. 5. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 OF V.A.C.S., SECTION 2G REGARDING PERSONNEL Chairman Fiumara announced that the Commission would reconvene in open session later in the evening to consider the recommendations mentioned in agenda item #6. Upon reconvening in open session, Chairman Fiumara continued with the agenda as follows: 6. CONSIDERATION OF RECOMMENDATIONS TO CITY COUNCIL FOR FILLING 2 VACANCIES ON PLANNING & ZONINC COMMISSION Member Cravens made a motion to recommend Jeff Small and Michael Parkinson to the City Council for appoint to the Planning & Zoning Commission. Seconded by Member Warmack, the motion carried with a unanimous vote. With no further action to be taken at this time, Member Sopas moved to adjoUrn the meeting. Seconded by Member Brantley, the motion carried with a unanimous vote. Chairman Fiumara formally adjourned the meeting at 9:26 p.m. Approved: Robert Fiumara, Chairman Attest: Janet Gadd, City Secretary [SEAL] URBY NOWLIN ]25 SELLMEYER LANE LEWISVILLE, TEXAS 75067 MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON NOVEMBER 26, 1984 A SPECIAL SESSION of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 6:30 p.m. with the following members present: Robert Fiumara Chairman Earl Brantley Member Bruce Sopas Member John Warmack Member and with Member Cravens absent; however a quorum was established. Build- ing Official, Eric Stanton was also present. 1. CONSIDERATION OF PROPOSED CHANGES TO THE COMPREHENSIVE ZONING ORDINANCE. Members discussed the proposed changes to the Comprehensive Zoning Ordinance in order to meet with the City Council at 7:00 p.m. this evening. The following will be brought to the Council's attention for their consideration: 1. Floor Area Ratio definition regarding parking structures. 2. Location Factor, question within 1000 feet. 3. Setbacks, no side or rear yards. 4. Clarify major and secondary thoroughfares. There being no further discussion, the meeting was adjourned at 7:00 p.m. Rot~ert Fiumara, Chairman Beverl~~ecretary