HomeMy WebLinkAbout08/23/05 P&Z
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Planning and Zoning Commission August 23, 2005
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
HELD ON AUGUST 23, 2005
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 6:30 p.m. on the 23rd day of August, 2005 at City Hall, 6800
Main Street, The Colony, Texas.
Commissioners Present:
DeVille Hubbard
Marlene Milsak
Brian Wade, Chairman
Jeff Connelly
Debbie Morrison
Mike Barrett
Bill Harrison
Staff Present:
Donna Bateman, Planning and Development Services Director
Steve Eubanks, Public Works Director
Gordon Sruggs, City Engineer
James Hanvey, Engineer
David Dodd, City Attorney
Lauren Odell, Planner I
Angela Puente, Recording Secretary
With seven (7) Planning and Zoning Commissioners present, a quorum was established
and the following items were addressed:
2.0 DISPOSITION OF MINUTES
2.1 Consider approval of the minutes for the August 9, 2005 regular session.
Commissioner Connelly motioned to approve the minutes with one minor change.
Commissioner Hubbard seconded.
Motion carried (5-0-2) Commissioner Barrett and Commissioner Harrison
abstained.
3.0 ITEMS FOR CONSIDERATION
3.1 Consider making a recommendation to the City Council regarding a Site Plan for
Century Bank. The 0.8255-acre tract is located at the northeast comer of South
Colony Boulevard and Main Street (SP05-0012).
Ms. Odell presented the staff report regarding a recommendation on a site plan for
Century Bank located at the northeast comer of South Colony Boulevard and Main
Street.
Planning and Zoning Commission August 23, 2005
Commissioner Hubbard asked if the existing trees were going to be removed?
Ms. Odell stated that the existing trees were going to be removed.
Mr. Connelly questioned the reason for the curb cut on the east side.
Ms. Odell stated it would create more space between the two cub cuts and the comer.
Commissioner Connelly questioned Indian Hawthorns in the visibility triangle?
Mr. Scruggs stated that they grow to 2 or 3 feet.
Commissioner Connelly questioned the location of the monument sign.
Ms. Odell stated the monument sign will be located outside of the visibility triangle.
Commissioner Connelly asked if the right of way was in preparation of the widening of
423.
Mr. Scruggs stated that the right of way needed for the widening has not been
determined. This lot is already platted so there will not be any dedication with this
project.
Commissioner Morrison asked if the trash reciprocal would be shielded from the road.
Ms. Odell stated that a trash receptacle will not be placed on this site because trash is
picked up inside the building.
Commissioner Barrett questioned the fire lane down the south side ofthe building.
Ms. Bateman the maximum distance is 100 foot for a dead end. The fire department can
easily access the building from the south side ofthe building.
Ms. Odell said the other properties are already marked.
Commissioner Wade questioned if the landscaping and the sign would be grandfathered
when the right of way was determined for the widening of 423.
Mr. Scruggs said that it would be up to TxDOT.
Commissioner Milsak motioned to approve the site plan as requested.
Commissioner Connelly seconded.
Motion carried (7-0)
Planning and Zoning Commission August 23, 2005
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4.0
PUBLIC HEARING
4.1
Hold a public hearing and consider making a recommendation to the City Council
to consider a request by Friendship Baptist Church to change the name of Daily
Drive to Friendship Lane (SI05-0013).
Ms. Odell presented the staff report regarding making a recommendation to the City
Council on a request by Friendship Baptist Church to change the name of Daily Drive tJ
Friendship Lane.
Commissioner Harrison questioned if anyone knew why it was named Dailey Drive?
Mr. Eubanks stated that staff did not know the answer.
Commissioner Morrison asked if we had any precedence for name changes.
Mr. Eubanks stated that to his knowledge there have not been any name changes of any
street within the City of The Colony. There have been names changed in the platting
process but not after the plat has been filed.
Commissioner Milsak stated that there was a name change when she was on council.
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Commissioner Hubbard questioned who would pay to have the signs changed. Mr.
Eubanks stated that they have requested that the applicant pay for the new sign.
Commissioner Barrett asked if there is a maximum number of changes stated in the
policy. Mr. Eubanks stated no.
Commissioner Connelly questioned if there was a procedure or ordinance in place that
shows how to process a request like this. Mr. Eubanks stated no
Commissioner Connelly would like staff to create a policy for street name changes.
Commissioner Wade questioned if there would need to be a replat for the name change
and who would be notified.
Mr. Eubanks said the appraisal district, emergency contact and 911 district will be
notified.
Ms. Bateman stated that we have a standard group of individuals that we notify when we
address so we would notify them with this change.
Bernetta Henville-Shannon, 4156 Ballard Trails, in favor of renaming the street.
I Charles Fitz, 5604 Periwinkle Lane, in favor of renaming the street.
Planning and Zoning Commission August 23, 2005
Ken McCartney, 4501 Highridge Drive, stated staff might consider money spent by
business to change letter head and other office material when a street name change
occurs.
Commissioner Barrett motioned to recommend approval of the request.
Commissioner Hubbard seconded.
Motion carried (4-2-1) Commissioner Connelly and Commissioner Harrison
opposed, Commissioner Morrison abstained.
4.2 Hold a public hearing and consider a replat for Lots 17 & 18, Beach Tennis Club
Addition. The 0.377-acre and 0.321-acre tracts are located in Denton County in
the extra-territorial jurisdiction (ETJ) of The Colony in the Richard G. Dunalp
Survey, Abstract No. 325 (RP05-0002).
Ms. Odell presented the staff report regarding a recommendation on a a replat for Lots 17
& 18, Beach Tennis Club Addition located in Denton County in the extra-territorial
jurisdiction (ETJ) of The Colony in the Richard G. Dunalp Survey, Abstract No. 325.
Commissioner Connelly motioned to approve the request. Commissioner Morrison
seconded.
Motion carried (7-0)
4.3 Ridgeoointe Planned Development Amendments
A. Hold a public hearing and consider making a recommendation to the City
Council regarding an amendment to Planned Development 7 (PD7) regarding
accessory structures. The Planned Development is located in the southwest
portion ofthe City on the west side of Main Street (205-0008).
B. Hold a public hearing and consider making a recommendation to the City
Council regarding an amendment to Planned Development 15 (PD 15)
regarding accessory structures The Planned Development is located in the
southwest portion ofthe City (Z05-0007).
Ms. Odell presented the staff report regarding making a recommendation to the City
Council on an amendment to Planned Development 7 (PD7) regarding accessory
structures located in the southwest portion of the City on the west side of Main Street and
an amendment to Planned Development 15 (PD 15) regarding accessory structures
located in the southwest portion of the City.
Commissioner Milsak questioned if there was a Home Owner's Association that would
have input.
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Planning and Zoning Commission August 23,2005
Ms. Odell stated that it is staffs understanding that there is about 100 or so homes in the
home owner's association.
Commissioner Connelly asked if the zoning ordinance applied to the city as a whole or
just this subdivision.
Ms. Odell stated that the ordinance is applicable to the areas with straight zoning and the
planned developments that do not have regulations for accessory structures.
Commissioner Connelly stated if it is applicable to the entire city, why are we targeting
these two planned developments.
Ms. Odell stated that this is where the problem was brought to our attention and that staff
decided to start here.
Commissioner Morrison questioned if there were permits issued for the patio covers.
Ms. Odell stated that a permit is only required if it is over 120 square feet.
Commissioner Connelly questioned why the guidelines are in the ordinance. Is it there
for beautification or hold property values steady?
Ms. Bateman stated there could be a lot of reasons why but possible for esthetics and
what could be seen over the fence.
Commissioner Hubbard would like a work session to discuss further.
Commissioner Connelly questioned what action would be taken if the commission were
to recommend approval and it was approved by councilor if the commission were to
recommend denial and it was denied by council.
Ms. Odell stated that if it was approved no action would be taken. If it were denied,
enforcement action would be taken on the 38 homes.
Ms. Batemen stated that code enforcement would notify in writing, issue citations and
they would be summoned to court and possibly be fined up to $2,000 per day.
Bill Vita, 4004 Lakeside Drive, opposed to change.
Joe Downing, 4520 Sarasota Drive, in favor of change.
Tony Badilla, 4560 Saddle Ridge Drive, in favor of change.
Jeff Porter, 4316 Biscayne, in favor of change. HOA allows accessory structures as long
a s they are screened.
Lisa Taylor, 4553 Ridge Pointe Drive, in favor of change.
Planning and Zoning Commission August 23, 2005
Tom Blattner, 4536 Ridge Pointe Drive, in favor of the change.
David Harrison, 3813 Overlook Court, in favor of the change. Neighbor to the property
in question. Questioned drainage.
James Botkins, 3817 Overlook Court, in favor of the change. Owner of the property in
question.
Bill Clair, 4004 Steepleridge Drive, neutral.
Ron Shireman, 4105 Lakeside Drive, asked for clarification of what was being proposed.
Ms. Odell stated that the placement of the accessory structure in the side yard is what is
being proposed.
Bonnie Armijo, 3901 Blueridge, in favor of the change.
Bemetta Henville-Shannon, 4156 Ballard Trails, stated this should be addressed city
wide.
Commissioner Connelly recommended to continue the public hearing to the
September 13, 2005 meeting with a work session first. Commissioner Harrison
seconded.
Recommendation carried (7-0)
4.4 Hold a public hearing and consider making a recommendation to the City
Council regarding an amendment to the Code of Ordinances, Appendix A,
Zoning, Section 10-200; by amending the "schedule of uses by district" table, in
part; by replacing "outside sales" with "occasional sales"; by amending section
10-300(16) by increasing the number of occasional sales permitted per year from
two (2) to four (4) (SI05-0002).
Ms. Odell presented the staff report regarding making a recommendation to the City
Council on an amendment to the Code of Ordinances, Appendix A, Zoning, Section 10-
200; by amending the "schedule of uses by district" table, in part; by replacing "outside
sales" with "occasional sales"; by amending section 10-300(16) by increasing the number
of occasional sales permitted per year from two (2) to four (4).
Commissioner Milsak stated she is opposed to changing the number of sales per year.
Commissioner Wade stated there needs to be some sort of documentation on garage sales.
Commissioner Connelly motioned to recommend approval of the change to the
definition but not increase the number of sales per year. Commissioner Milsak
seconded.
Motion carried (7-0)
Planning and Zoning Commission August 23, 2005
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5.0 DIRECTOR'S REPORT
Ms. Bateman stated that the training information will be available at the next meeting.
The meeting adjourned at 8:33 p.m.
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nan ~. Wade, Chairman
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Angel Puente, Recording Secretary
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PUBLIC INPUT FORM
This form is used to register one's desire to speak before the Planning and Zoning
Commission. Please complete and submit this form to the Recording Secretary prior to
the Chairman announcing the agenda item you wish to address. Since Planning and
Zoning meetings are recorded and are a part of the permanent and public record of the
City of The Colony, certain rules of conduct are necessary.
You may address the Planning and Zoning Commission during CITIZEN INPUT (for
issues NOT on the posted agenda), during any PUBLIC HEARING (this form is not
necessary for public hearings), or for discussion of any POSTED AGENDA ITEM. All
comments must relate to the issue, and must be made to the Planning and Zoning
Commission as a whole, not to individuals. Comments will be limited to 5 minutes, and
each speaker will be allowed one opportunity to speak for each item requested.
All regular sessions are broadcast on our government cable channel, therefore, please
speak directly into the microphone (you may adjust it as necessary).
You may have your position recorded without speaking by checking the appropriate box.
If the information you have to present will exceed 5 minutes, the Planning and Zoning
Commission recommends it be submitted in writing to the Recording Secretary for
distribution to the Planning and Zoning Commission.
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PUBLIC INPUT FORM
This form is used to register one's desire to speak before the Planning and Zoning
Commission. Please complete and submit this form to the Recording Secretary prior to
the Chairman announcing the agenda item you wish to address. Since Planning and
Zoning meetings are recorded and are a part of the permanent and public record of the
City of The Colony, certain rules of conduct are necessary.
You may address the Planning and Zoning Commission during CITIZEN INPUT (for
issues NOT on the posted agenda), during any PUBLIC HEARING (this form is not
necessary for public hearings), or for discussion of any POSTED AGENDA ITEM. All
comments must relate to the issue, and must be made to the Planning and Zoning
Commission as a whole, not to individuals. Comments will be limited to 5 minutes, and
each speaker will be allowed one opportunity to speak for each item requested.
All regular sessions are broadcast on our government cable channel, therefore, please
speak directly into the microphone (you may adjust it as necessary).
You may have your position recorded without speaking by checking the appropriate box.
If the information you have to present will exceed 5 minutes, the Planning and Zoning
Commission recommends it be submitted in writing to the Recording Secretary for
distribution to the Planning and Zoning Commission.
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I
PUBLIC INPUT FORM
This form is used to register one's desire to speak before the Planning and Zoning
Commission. Please complete and submit this form to the Recording Secretary prior to
the Chairman announcing the agenda item you wish to address. Since Planning and
Zoning meetings are recorded and are a part of the permanent and public record of the
City of The Colony, certain rules of conduct are necessary.
You may address the Planning and Zoning Commission during CITIZEN INPUT (for
issues NOT on the posted agenda), during any PUBLIC HEARING (this form is not
necessary for public hearings), or for discussion of any POSTED AGENDA ITEM. All
comments must relate to the issue, and must be made to the Planning and Zoning
Commission as a whole, not to individuals. Comments will be limited to 5 minutes, and
each speaker will be allowed one opportunity to speak for each item requested.
All regular sessions are broadcast on our government cable channel, therefore, please
speak directly into the microphone (you may adjust it as necessary).
You may have your position recorded without speaking by checking the appropriate box.
If the information you have to present will exceed 5 minutes, the Planning and Zoning
Commission recommends it be submitted in writing to the Recording Secretary for
distribution to the Planning and Zoning Commission.
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PUBLIC INPUT FORM
This form is used to register one's desire to speak before the Planning and Zoning
Commission. Please complete and submit this form to the Recording Secretary prior to
the Chairman announcing the agenda item you wish to address. Since Planning and
Zoning meetings are recorded and are a part of the permanent and public record of the
City of The Colony, certain rules of conduct are necessary.
You may address the Planning and Zoning Commission during CITIZEN INPUT (for
issues NOT on the posted agenda), during any PUBLIC HEARING (this form is not
necessary for public hearings), or for discussion of any POSTED AGENDA ITEM. All
comments must relate to the issue, and must be made to the Planning and Zoning
Commission as a whole, not to individuals. Comments will be limited to 5 minutes, and
each speaker will be allowed one opportunity to speak for each item requested.
All regular sessions are broadcast on our government cable channel, therefore, please
speak directly into the microphone (you may adjust it as necessary).
You may have your position recorded without speaking by checking the appropriate box.
If the information you have to present will exceed 5 minutes, the Planning and Zoning
Commission recommends it be submitted in writing to the Recording Secretary for
distribution to the Planning and Zoning Commission.
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PUBLIC INPUT FORM
This form is used to register one's desire to speak before the Planning and Zoning
Commission. Please complete and submit this form to the Recording Secretary prior to
the Chairman announcing the agenda item you wish to address. Since Planning and
Zoning meetings are recorded and are a part of the permanent and public record of the
City of The Colony, certain rules of conduct are necessary.
You may address the Planning and Zoning Commission during CITIZEN INPUT (for
issues NOT on the posted agenda), during any PUBLIC HEARING (this form is not
necessary for public hearings), or for discussion of any POSTED AGENDA ITEM. All
comments must relate to the issue, and must be made to the Planning and Zoning
Commission as a whole, not to individuals. Comments will be limited to 5 minutes, and
each speaker will be allowed one opportunity to speak for each item requested.
All regular sessions are broadcast on our government cable channel, therefore, please
speak directly into the microphone (you may adjust it as necessary).
You may have your position recorded without speaking by checking the appropriate box.
If the information you have to present will exceed 5 minutes, the Planning and Zoning
Commission recommends it be submitted in writing to the Recording Secretary for
distribution to the Planning and Zoning Commission.
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~OLONY The Colony, Texas 75056 Meeting Date: 9-13-05
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Page 1 of 1
PUBLIC INPUT FORM
e
This form is used to register one's desire to speak before the City Council. Please complete and
submit this form to the City Secretary prior to the Mayor announcing the agenda item you wish to
address. Since Council meetings are recorded and are a part of the permanent and public record of
the City of The Colony, certain rules of conduct are necessary; please see the reverse for official
guidance.
You may address the Council during CITIZEN INPUT (for issues NOT on the posted agenda),
during any PUBLIC HEARING (this form is not necessary for public hearings), or for discussion of
any POSTED AGENDA ITEM. All comments must relate to the issue, and must be made to the
Council as a whole, not to individuals. Comments will be limited to 5 minutes, and each speaker
will be allowed one opportunity to speak for each item requested. Please see the reverse for further
guidance
All regular sessions are broadcast on our government cable channel, therefore, please speak directly
into the microphone (you may adjust it as necessary).
You may have your position recorded without speaking by checking the appropriate box. If the
information you have to present will exceed 5 minutes, the Council recommends it be submitted in
writing to the City Secretary for distribution to the Council.
e.
DATE:
6 - )3-O~
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ADDRESS: 3~/3 O(/erLodlrC!T
NAME:
ZCITIZENINPUT---TOPIC: t5f.aV<;I7e' &.t.i,//(j /Yl ;(,~'i1.T
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)0 AGENDA ITEM NO(S): Lfc 3
~ShtoSpeak
o I do NOT wish to speak, but please record my position.
PUBLIC INPUT DURING MEETINGS
~
1. CONDUCT
a. Conversations between or among audience members should be conducted outside the meeting
room. Attendees will refrain from loud private conversations while Council is in session.
b. Placards, banners or signs will not be permitted in the Council Chamber or in any other room in
which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to
the City Council are permitted.
c. Only City Council members and City staff may step to the dais. If a handout needs to be
presented to the Council, it must be given to the City Secretary who will distribute.
d. All remarks and questions shall be made to the Mayor or City Council as a whole, and not to
individual Council members.
2. PUBLIC COMMENT
a. Any person who wishes to address the Council must first register with the City Secretary by
submitting a completed "Public Input" form. This form may be used by citizens to show their support or
opposition to an agenda item, without having to address the Council.
b. In accordance with the Texas Open Meetings Act, the Council cannot take action on or
discuss any subject brought up during "Citizen Input", however, the Mayor may add the issue to a
future Council agenda or refer it to the proper City department for action. Staff will prepare a
follow-up letter to the citizen for any action so referred with a copy to each Council member.
c. The Citizen Input portion of each agenda item shall not be limited unless after a thirty minute
presentation the Council, after a majority vote, may limit or cease such presentation. Groups coming to
address the Council are encouraged to select representatives in order to conserve speaking time and reduce
repetitive or redundant comments.
d. Public comments will be heard prior to deliberations by the Council. Persons wishing to
speak on any agenda item must submit a "Public Input" form prior to the beginning of discussion of
that item. Each person shall be recognized by the chair, and allowed to speak one time for each
agenda item listed on their Public Input form.
e. When their name is called to speak, each person shall come to the designated microphone, state
their name and address, limit their presentation to five (5) minutes, and restrict their comments to the subject
being discussed. The Mayor may allow the speaker to exceed the five-minute time limit if the information
presented is of value to the discussion, and does not unduly prolong the meeting. A majority of Council may
allow a speaker to continue after the Mayor has announced the end of the speaker's time.
f. If a speaker's comments will be longer than five minutes, the Council encourages written remarks
be prepared and provided to each member through the City Secretary.
g. During Public Hearings, the applicant will be allowed a maximum of 20 minutes to make a
presentation, and 10 minutes for rebuttal, if necessary.
h. The Mayor has the responsibility and duty to rule a speaker out of order if the comments made
are of a personal nature, or in any other manner disrupt the orderly conduct of business by the Council. If the
Mayor does not act promptly, a majority vote by the Council will require the Mayor to immediately rule the
speaker out of order.