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HomeMy WebLinkAboutP&Z Minutes 1990-03-01 Regularn I I l REGULAR MEETING PLANNING AND ZONING CCM1ISSION MARCH 1, 1990 6:30 P.M. AGENDA THE FRIENDffi\WD PLANNING AND ZONING C(M.ITSSION HEill A REGULAR MEEI'ING CN THURSDAY, MARCH 1, 1990, AT 6:30 P.M. IN THE CITY HALL COUNCIL CHAMBERS. THE FOJ.JLWING MEMBERS WERE PRESENT: BAKER -CHAIHMAN COLBURN HOLZSCHUH KONc.ABA McHUGH WASSON GAY -CIP BLAKE -CIP THCMPSON -CITY ENGINEER HENRY -DEVELOPMENT COORDJNATOR BRINKMAN -SOCRE'rARY FRANKOVICH -LIAISON BRAND -CITY MANAGER WITH A QUORUM PRESENT, RODGERS, SPEARS, AND WATSON ABSENT, THE FOLLCMING ITEMS WERE CONSIDERED: 1.CALL TO ORDER 2.MEE,�'ING OF THE CAPITAL IMPROVEMENT ADVISORY CCfflITTEE -CONSIDERATION AND POSSIBLE ACTION REGARDING THE CAPITALIMPROVEMENT PLAN -IMPACT FEE. DICK GAY WITH BRa\lN & GAY ENGINEERING REVIEWED WITH THE C(l.™1:SSION THOSE AREAS WHICH HAVE BEEN REGARDED FOR THE IMPACT FEE STUDY. HE ALSO ADVISED THE C(l,1M.ISSION THAT THE AREA AROllND BAY AREA BLVD IS NO LONGER CONSIDERED FOR IMPACT FEE. HE REMINDED THAT THE CITY HAD RECEIVED A CONTRACT FOR WATER AND SE.WER FRCM THE DEVELOPER IN THE SUM OF 1. 2 MILLION DOLLARS. GAY SAID THAT IN HIS OPINION, THE MONI!.'Y WAS NO!' IN JIDPARDY AS THE CITY HAD ALREADY SUPPLIED BCY.I'H W1\'11ER AND WASTEWATER CAPACITY. IN ADDITION TO THIS, THE CITY HAD PROOISED TO REIMBURSE TO THE DEVELOPER 90% OF AI.J, IMPACT FEES COLLECI'ED UP TO 1. 2 MILLION DOLLARS. HE RECa-1MENDED THAT JOHN OLSCN GIVE A LEGAL OPINION WITH THIS REGARD. MS. BRAND INFORMED THE Ca.1MISSION OF CI'I'Y ATTORNEY JOHN OLSCN' S REMARKS CONCERNING AN ACROSS THE BOARD FEE. SHE SAID THAT SHOULD THE Ca.1MISSION DOCIDE TO GO WITH AN ACROSS THE BOARD FEE, THE I.OOEST ESTIMATE IS THE FIGURE WHICH WOULD HAVE TO BE �.RGED; THE BALANCE � BE PAID BY THE CITIZENS AT LARGE. THE ADVISORY cc::MMIT'l'EE ELECI'ED TO HA VE AREA CHARGES, RATHER THAN AN OVEfil\LL FEE. I�TION OF THE SEWER LINES WAS DISCUSSED AS WEI.JJ AS POSSIBLE CHANGES OF THE PROPOSED PLAN. IT WAS GENERALLY AGREED THAT SEWER LINES SHOULD BE PLACED IN AREAS WHERE TREES iuum Nor BE DISTURBED. ALSO, AS MUCH AS POSSIBLE, THE SEWER/WATER LINES SHOULD BE PLACED ALONG THE ROAD RIGHT-OF-WAY AT THE TIME OF ROAD WIDENING ON FM 528. 3.CONSIDERATION AND POSSIBLE ACTION REGARDING THE PRELIMINARY PLATOF FALCON RIDGE IV -4. 99 ACRE TRAC-r OF LAND OUT OF THE SARAHMcKISSICK OR J.R. WILLIWS LEAGUE, ABSTRACT 151 -· MITCHELL. [ 1 l l P&Z 3/1/90 THE CCMMISSION REVIEWED THE PRELIMINARY PLAT OF FALCON RIDGE IV WITH MR • .MITCHEIJ,. MITCHEIJ, EXPLAINED THERE WAS FIVE (5) ACRES OF FIVE (5) LOTS BECAUSE A THIRD OF THE PROPERTY IS IN THE FLOOD PLANE. HE FURTHER EXPLAINED THAT MIDDLECREEK WAS EXTENDED 200 FEET WITH A CUir-DE-SAC ADDED AND THAT 60 FEET OF RIGHT-OF-WAY WA.S DEDICATED TO THE CLEAR CREEK DRAINAGE DISTRICT. MITCHEIJ, ALSO SAID THAT THE SUBDIVISION WOULD BE CURB AND GU'ITER, AND HAD Bffi1H ENTEX AND 'IEXAS NEW MEXICO AVAILABLE. CHAIRMAN BAKER ASKED MITCHELL TO EXPLAIN HIS DRAINAGE PLAN AND ASKED CITY ENGINEER THCMPSON IF THERE IDULD BE A PROBLEM FOR 'I'HOSE PERSOOS LIVING :Da\lN STREAM FRCM FALCON RIDGE IV. MR. THCMPSON SAID HE DID NOT SEE A PROBLEM BUT THAT MR. MITCHELL IDULD HAVE TO SUPPLY CALCULATIONS FOR FINAL APPROVAL. CCM-1ISSIONER MclruGH MADE A MOI'ION TO APPROVE THE PRELIMINARY PLAT OF THE 4.99 ACRE TRACT OF LAND -FALCON RIDGE IV. SECOND: HOLZSCHUH VOI'E FOR: UNANIMJUS OPPOSED: NONE MarION CARRIED 4.c.ALl., A PUBLIC HF.ARING RffiARDING THE ZONE CI..ASSIFICATION CHANGEREX2UEST FRCM SFR (SINGLE FAMILY RESIDENCE TO MFR-M (MULTIPLEFJIMILY RESIDENTIAL DWELLING DISTRICT -MEDIUM) 5.4 ACRES our OFTHE S.E. WHITNEY SUBDIVISION ON FM 528 -BCGREN MR. DOYLE ADDRESSED THE CCM-1ISSION WI'l'H HIS CONCERNS THA'l' THE PROPERTY MIGHT BE RENDERED USELF,SS AS THE CCM-1ISSION HAD ALREADY REJECI'ED THE IDEA OF HAVING SEVERAL DRIVEWAYS ON FM 528, SHOULD THE PROPERTY BE LEFI' SFR (SINGLE FAMILY RESIDENTIAL) • HIS ONLY ALTERNATIVE, IN HIS OPINION, WAS TO REZONE FOR APARIMENTS OR O)NIXMINIUMS WHICH IDUI.D EXIT ONTO BRIAR CREEK. A PUBLIC HEARING WAS CALLED l!"'OR APRIL 2, 1990. 5.CONSIDERATION AND POSSIBLE ROCCM-1ENDATION REGARDING ANEXTENSION OF THE PRELIMINARY APPROVAL OF FALCON RIDGE 2 & 3 -77.04 ACRE TRACT OF LAND OUT OF THE SARAH McKISSICK LEAGUE,ABSTRACT 151 -BOGREN. CHAIRMAN BAKER INFORMED THE CCMMISSION THAT PRELIMINARY APPROVAL HAD BEEN GAA.NTED TO THE DEVELOPER OF FALCON RIDGE 2 & 3, SIX MONTHS AOO. SINCE THAT APPROVAL IS ONLY GCX)D FOR A CERTAIN PERIOD OF TIME, THE DEVELOPER WAS ASKING FOR AN EXTENSION. CCM1ISSIONER HOLZSCHUH ASKED IF CIRCUMSTANCES HAD CHANGED CYI'HER THAN JUST THE REQUEST FOR EXTENSION. CHAIRMAN BAKER SAID THAT THE ONLY THING THAT MIGHT HAVE CHANGED IS BETI'ER UNDERSTANDING OF THE CAPITAL IMPROVEMENTS PLAN. CCM-1ISSIONER WASSON SAID SHE WAS OPPOSED TO APPROVING THE PLAT BECAUSE SHE FELT THE ROAD RIGHT-OF-WAY SHOULD BE DEDICATED AS WELL AS THE DEVELOPER BEING REQUIRED TO IMPROVE HALF OF THE ROAD. CCMMISSIONER HOLZ SCHUH QUESTIONED THE CCM-1ISSIOO'S RIGHT TO IMPOSE ADDITIOOAL REQUIJ.ID,IBNTS AFTER PRELIMINARY APPROVAL HAD BEEN GRANTED. CCM-1.ISSIONER HOLZSCHUH MADE A MOI'ION THAT PLANNING AND ZONING 2 [l I l l P&Z 3/1/90 RECTM>1END 'IO CITY COUNCIL A SIX MONTH EXTENSION OF THE PRELIMINARY APPROVAL OF FALCON RIDGE 2 & 3. SEmND: KONCABA VOI'E FOR: HOLZSCHUH, KONCABA, CHAIRMAN BAKER, McHUGH, COLBURN. OPPOSED: WASSON MOTION CARRIED. 6.PRE APP -1.14 ACRES INrO 4 LOTS-RESERVE "G" OF PARKWAYSUBDIVISION IN THE SARAH McKISSICK LEAGUE, ABSTRACT 151 -300PARKWOOD -ZOOED NC (NEIGHBORHOOD CCM,1ERCIAL DISTRICT) -JANISIavE. MS. ICWE REQUESTED THE CG1MISSION AlliJiJ HER 'IO SUBDIVIDE 'l'HE 1.14 ACRES IN'IO 4 LOI'S FOR CCM-1ERCIAL DEVELOPMENT. SHE EXPLAINED THAT THE TEXAS HIGHWAY DEPAR'IMENT WAS ASKING FOR A RIGHT-OF-WAY IN THE FRONT 01" THE PROPERTY FOR WIDENING OF FM 528. THE PROPERTY CWNER 'S FROM WINDING WAY 'IO THE CREEK WERE ASKING FOR REPLACEMENT OF THE PROPERTY 'IO THE REAR 'IO PREVENT HEA.D OUT, HF.AD IN PARKING. IF THIS IS WORKED OUT WITH THE HIGHWAY DEPARIMENT, THERE WILL BE ONE ROW OF PARKING IN THE FRONI' OF THE BUIIDING AND 'IWJ ROWS OF PARKING 'IO THE RFAR. DAVID O'FARRELL INFORMED THE CG1MISSION 'I'FAT FRCM PREVIOUS EXPERIENCE WITH THE STATE, IT COUID BE A LCNG TIME UNTIL A SOLUTION IS RESOLVED. CHAIRMAN BAKER ASKED HCM THE CCMMISSION MIGHT BE SURE OF ADEQUATE PARKING ON THE PROPOSED PRCXJECT. DISCUSSION FOLLCWED CONCERNING BUILDING SIZE OR CONFIGURATION OF BUILDINGS WHEN SITE PLAN 1'.PPROVAL WAS GIVEN. 7.PRE APP -SAN JOAQUIN -50 ACRES IN'IO 16 wrs -DAVID O'FARRELL. CHAIRMAN BAKER EXPLAINED 'IO THE CCfflISSION THAT THIS PROPERTY HAD ORIGINALLY BEEN PLATTED WITH 16 LOI'S; HCWEVER, A BUYER CAME IN WANI'ING THE WHOLE 50 ACRE TRACT OF LAND. THE PROPERTY WAS REPLATTED, REMOVING THE LOI' LINES. MONEY IS TIGHT AND THE CMNER NCM WISHES 'IO GO BACK 'IO THE 16 wrs AS WAS ORIGINALLY ESTABLISHED BECAUSE A 50 ACRE TRACT IS REALLY NO!' A SELLABLE COMMODITY. THE CCMMISSION APPROVED THE PRE APP. 8.PRE APP -2.55 ACRES IN'.I'() 3 LOI'S-907 MURPHY LN. (CORNER OF MURPHYAND GREENBRIAR) -WICK ESTATES -ZOJ:\1ED SFR (SINGLE FAMILYRESIDENCE)-DAVID J.H. SMITH. MR. SMITH EXPLAINED THAT ALL UTILITIES WERE AVAILABLE 'IO THE PROPERTY. THE CCMMISSION REVIEWED THE PRE APP EXPRESSING THEIR APPROVAL OF THE PROPOSED SUBDIVISION. 9.CONSIDERATION AND POSSIBLE RECCM1ENDATION REGARDING THE PROPOSEDSITE PLAN -KENTUCKY FRIED CHICKEN -BART FIEIDS. THE C(M.USSION REVIEWED THE SITE PLAN WHICH ENGINEER THCMPSON ADVISED WAS A PRE APP. THCMPSON SAID THAT KENTUCKY FRIED CHICKEN OOULD BE PRESENI'ING A MORE DE'I'AILED SITE PLAN AT A LATER DATE. CHAIRMAN BAKER EXPLAINED THAT THIS PROPOSED SITE PLAN WAS SIMILAR 'ID THE GERLAND' S SHOPPING CENI'ER. HE ADVISED THAT THOSE WHO MIGHT BE ON FUTURE CCMMISSIONS WOUID HAVE 'IO BE SURE THE WISHES OF THE PRESENT CCM-1ISSION HAD BEEN MET WITH RF.CARDS 'IO A CONNECTED 3 f l I l l P&Z 3/1/90 10. DRIVEWAYS, INTEGRATED PARKING, ETC. CHAIRMAN BAKER ASKED THAT KENTUCKY FRIED CHICKEN BE INFORMED OF THE NEED TO SHOW ACCESS TO INTEGRATED PARKING FOR FUI'URE DEVF:LOPMEN!'. CONSIDERATION AND POSSIBLE RECCM-1ENDATION REGARDING THE PROPOSED AMENDMENTS TO ZONING ORDINANCE NO. 84-15, SECTION K -SIGN REGULATIONS -ORDINAl\"CE NO. 323. CHAIRMAN BAKER SHCMED A VIDID HE HAD MADE FF.A.TURING E'RIENDffi\'00D SIGNS, AFTER WHICH HE MADE A FEW CCM-IBNTS REGARDING THE CCMMISSION 'S RESPONSIBILITY TO THE CITY OF FRIENDffi\'OOD. BAI<F..R ADDED THAT IT WAS IMPOSSIBLE TO PLF.ASE EVERYONE. CHAIRMAN � REVIEWED THE RESULTS OF THE PUBLIC HEARING SAYING THAT THE AREA MERCHANTS AND CIVIC GROUPS CLEARLY WAl\lTED PORTABLE SIGNS. THE NEW ORDINANCE WOUID EVFNTUALLY DO AWAY WITH FORTABLE SIGNS. HE AI.SO SAID THAT IN HIS OPINION THERE WERE 'roO MANY LARGE RFAL ESTATE SIGNS ON THE MAIN STREET AND HE WOUID LIKE TO LIMIT THE SIZE OF THOSE SIGNS. HE SUGGESTED ON FM 518, FRCM FM 2351 TO WINDING WAY, REAL ESTATE SIGNS BE LIMITED TO SIX SQUARE FEET MAXIMUM. HE AI.SO SAID THAT CITY ATTORNEY, JOHN OLSON, HAD ADVISED HIM (BAKER) THAT THE CITY WOULD BE ABLE TO PUT IN THIS STIPULATION. BAKER ALSO ADVISED THE CCMMISSION THAT ACCORDING TO OLSON, IT WAS AGAINST THE LAW 'IO REQUIRE THAT PIDPLE PLY A CCMPANY FLAG IN CONJUNCTION WITH A UNITED S'lY\TES FLAG. B/1.KER SAID HE HAD NO OBJECTION TO CCMPANY FLAGS PROVIDED THEY WERE FLCMN ON A PERMANENTLY ERECTED FLAG POLE. CHAIRMAN BAKER REVIEWED THE ALLCMABLE SIGNS FOR SUBDIVISIONS UNDER CONSTRUCTION AND FOR FINISHED DEVEIDPMENTS. HE EXPRESSED HIS OPINION THAT THESE FIGURES WERE MUCH TO GENEROUS AND FELT A SMALLER NUMBER AND SIZE ¾DULD BE ADmUATE. PERMANENT RFJ\DER PANELS FOR SUBDIVISIONS WERE AI.SO DISCUSSED WITH PCfl'H McHUGH AND HOLZSCHUI-1 EXPRESSING THEIR DISAPPROVAL. BAKER ADDRESSED GARAGE SALE SIGNS ADVISING THE CCMMISSION OF THE INABILITY TO ENFORCE A.ND PROSOCUTE THOSE WHO HAVE PUT UP SIGNS FOR GARAGE SALES. HIS RECCMMENDATION WAS THAT THE CCMMISSION AILOW GARAGE SALE SIGNS, PERHAPS LIMITING THE NUMBER OF AIJ..owABLE SIGNS. caw1MISSIONER HOLZSCHUH AGREED WITH PAKER 1\1.JD ADDED THAT HE i\DULD LIKE TO MAKE S(l,1:E CONSIDERATION FOR A TIME FRAME IN WHICH 'I'HE SIGNS COUID BE ERECTED PRIOR TO THE SALE, AND REMOVED AFI'ER THE SAIE. BAKER SUGGESTED THAT THE CCMMISSION REVIEW THE PROPOSED SIGN ORDINANCE, DEVELOP AN OPINION, AND GO OVER THE ITEMS ONE BY ONE. HE ALSO REMINDED THAT THE CCMMISSION BP..D 'IO HAVE RF..ASONS TO SUPPORT THOSE OPINIONS WHEN THE FINAL DRAFT WAS SUBMITI'ED TO COUNCIL. CCMMISSIONER HOLZSCHUH SAID 'l'HAT WHILE WATCHING THE VIDID, HE HAD ONLY COUNTED THREE PORTABLE SIGNS AND DID NaI' FEEL THAT WAS AN OVERABUNDANCE OF SIGNS. HOLZSCHUH ADDED THAT HE SUPPORTED REI'AINING PORTABLE SIGNS FOR AREA MERCB.ANTS, SCHOOLS, AND CIVIC ASSOCIATIONS. 4 [ 1 I I l l P&Z 3/1/90 BAKER AISO ADVISED THE CCMMISSION THAT MAYOR SCHRADER HAD REQUESTED THE RECCM'1ENDATION BE GIVEN ·ro HIM PRIOR TO THE PUBLIC HF.ARING ON APRIL 2, 1990. CCMMISSIONERS McHUGH .A.ND HOLZSCHUH ASKED THE PURPOSE OF ANarHER PDBLIC HFARING. CCMvITSSIONER WASSON SAID THAT SHE FELT WHEN P&Z ADVERTISED A PUBLIC HF.ARING, COPIES OF THE SIGN ORDINANCE SHOUID BE AVAILABLE FOR THE PUBLIC'S REVIEW. CHAIRMAN BAKER EXPLAINED THAT THE NEW ORDINANCE CALLED FOR JOIN!' PUBLIC HEARINGS; THEREFORE, ANarHER PUBLIC HEARING IDULD HAVE TO BE HELD. WHILE P&Z F.AD ALREADY HELD A PUBLIC HEARING, THE CITY COUNCIL HAD NOT. THE CCMMISSION UNANIMOUSLY FELT THAT THE SIGN ORDINANCE WAS TOO IMPOR'I'.ANT 'IO RUSH THROUGH AND ELECTFD TO ADVISE CITY COUNCIL THE RE'COMMENDATION OOUID NOT BE AVAILABLE: ON APRIL 2, 1990. MARCH 22, 1990 WAS SF.I' ASIDE TO DISCUSS THE SIGN ORDINANCE ONLY WITH NO OTJ-1ER BUSINESS CONSIDERED. 11.CONSIDERATION AND POSSIBLE RECCMMENDATION REGARDING THECORRECTED MAJOR THOROUGHFARE PLAN. ENGINEER THCl,1PSON EXPLAINED THE PROPOSED CHANGES IN THE MAJORTHOROUGHFARE MAP. THE CCM-1ISSION AGREED WITH THE CHANGES. THE MEETING WAS ADJOURNED. OL2�2 ('LAUDIA L. BRINKMAN -SECRETARY 5