THE FLOWER MOUND PLANNING & ZONING COMMISSION MEETING HELD ON THE 22nd DAY OF SEPTEMBER, 2003, IN THE FLOWER MOUND TOWN HALL, LOCATED AT 2121 CROSS TIMBERS ROAD IN THE TOWN OF FLOWER MOUND, COUNTY OF DENTON, TEXAS, AT 6:30 P.M.
The Planning & Zoning Commission met in a regular session with the following members present:
John Martin Chairman
Nick Hollingshad Vice Chairman
Noelle Depperschmidt Commissioner
Karl Drescher Commissioner
Thomas Goss Commissioner
Ellen Pourzan Commissioner
Michael Walker 2nd Alternate
with the following members of the Planning & Zoning Commission absent:
Dennis McKaige Commissioner
Arthur McDevitt 1st Alternate
constituting a quorum with the following members of the Town Staff participating:
Mayor Lori DeLuca Town Council Representative
Ed Voss, Jr. Town Attorney
Julie Smith Executive Director, Dev. & Env. Services
Doug Powell Assistant Executive Director, Dev. & Env. Svcs.
Tim James Assistant Town Engineer
Jerry Bonner Fire Marshal
Kathy Aljoe Senior Planner
Sally Byrd Administrative Secretary
Chairman Martin called the work session to order at 6:00 p.m.
Doug Powell, Assistant Executive Director, Development and Environmental Services
Thank you, Mr. Chair, Commission. Good evening. This is actually "Parking, Part II." We came before you about a month ago and talked about the background of parking related issues, where parking standards come from, and why parking standards are. Tonight I wanted to focus on clarifying some policy issues that staff has come up with, discuss how to change the existing regulations, and agree on the next steps in this process. This is the second time we have discussed parking and depending on the discussion tonight, hopefully, it will be the last work session we need.
Town Council originally came to staff and said we need to write regulations to restrict over-parking. When we first talked to you there was some concern about not enough parking for some uses. I do think, in talking to a few of the Commissioners, that it's limited to maybe restaurant uses and restaurant uses only. Who should make the decisions on parking? My goal, which I think is representative of what I've heard from the Town Council and the Commission, is to require an adequate and appropriate number of spaces to restrict over-parking and allow for flexibility. I think there is a need for parking standards in any city. Of course, the Town of Flower Mound is also in that boat that off-street parking regulations are important. I think a balance is needed between too much and too little. That is why I say "adequate and appropriate". To restrict the over-parking, again I think the key to that is going to be how to define what is over-parked. I think, as with almost any regulation, allowing some flexibility in dealing with those standards is important. This may go directly to the issue of restaurants. Some uses may need a little bit more flexibility than others may. Please, if you all don't agree with that as the goal, stop me now. Based on this discussion tonight, we are going to actually bring a text amendment back to you. I don't think that it necessarily has to come back to a work session; we can give those to you in a draft form and then schedule a Public Hearing.
For industry standards, there is the American Planning Association, there is ITE, and there are other communities. The last time, we did talk a little bit about how some of these standards have come to be historically and might not be a great basis for setting standards, but they really are the only basis that we have. We have in our office now documents from ITE and even the Urban Land Institute that talk about Parking Standards, which will be the basis of our recommendations. Shared parking is something that you will find in a lot of literature. Shared parking is normally confined to shopping centers where you have multiple uses, whereby instead of each use having to have its own parking, you can share parking, knowing that if you go to Target, there is a chance that you will go to Marshall's, or if you are at Marshall's you can go to Pier One and vice versa. So there is not a need for everybody to provide their own parking. What that does is just inflate the parking number. It is interesting that the Town of Flower Mound, through the PD process, has actually allowed for shared parking. It is really not allowed or discussed in the regulations, but it is something that I think is an industry standard. It is well documented that the ability to do this in a rational method is something that is adequate and appropriate and something that we should include in our new regulations, our amended regulations.
The current standard requires, for some uses, that parking studies be considered. I do think that when people are asking for less parking than is required, or more parking than is required, a parking study should be performed similar to a TIA - Traffic Impact Analysis. Also as with a Traffic Impact Analysis, sometimes I think these studies need to be very complex. Sometimes I think they need to be very simple. For example, there is a realtor office in town that needs additional parking, has talked to staff, and has been before the Commission. If you count the number of employees that they have, they have more employees than they need parking. I think it is fairly straight-forward that the need is there, while for a shopping center, I think you really would need to do a study that shows all the different uses and uses some industry standards in terms of ratios for shared parking. Staff would then go through that analysis, and in fact, ITA actually has a process, or methodology for doing that. I do think that when we are talking about reducing or increasing parking, it really should be with the submittal of a parking study that explains the rationale and the reasons why the deviation from the numbers is needed.
What I'm going to propose to you is that we provide both minimum and maximum parking standards. In essence, we say for your development, you need the parking standard that we have in our regulations. Another thing, we will go through those regulations. We already have gone through those to make sure that they are in keeping with industry standards and with what other cities are providing. If you want to do something above or below that standard, you have to come in and seek a waiver and ask for and provide a parking study.
I also think that when someone really wants to over-park or park at a number greater than our ratio, then there should be some required mitigation. Timothy Riley was here talking about the environmental impacts of over-parking. There are the pollutants that are on the ground, heat, and localized heat island effect. These are some negatives to over-parking. What could mitigate those could be increased filtration, increased tree canopy, increased landscaping, or pervious pavement for some of those spaces. One of the Commissioners was out looking, and he emailed me and said that it looked like the biggest violators for over-parking were the big centers or the big boxes. As we discussed last time, they plan parking for the day after Thanksgiving, and most of the year, the portion that is vacant, provides a perfect opportunity to have some pervious pavement, meaning that rain can percolate through the parking spaces and doesn't collect and sheet-flow off. Percolation through the ground helps to clean it before it gets into a detention pond or into our streams and rivers.
These are methods whereby, if you do over-park, you can provide something to mitigate increased parking. When I talked to the Engineering Department, instead of delineating specifically what they had to do, maybe make it an option for them to select how they were going to do that and bring forward a study that says this is the method of how we are going to deal with mitigating this. These are the different things we are going to use from your selection of mitigation treatments, and this is how we are going to mitigate our over parking. The other thing is I think that it's a lot different if you are talking about a big box store that is over parked by 100 spaces versus a small office that is over parked by three or four. I think it is hard to do a one size fits all and again that would allow some flexibility to determine based on the impact or the number of spaces, what they have to do. Allow for flexibility, again I think the parking can be changed, that the methodology would be for a site plan approval or planned development approval. Those are the two items that come before this board and in the case of a Planned Development, go on to Council. Where site features, attributes, parking, landscaping, building sites are looked at. I think that is the appropriate time to look at these issues and decide whether someone has too much parking or too little parking. Again, a study would be required as a part of any deviation.
It is unclear in our regulation who gets to decide the varied parking. Choices are Town Council, Planning and Zoning Commission, Board of Adjustment, or staff. My suggestion would be something that would be reviewed by staff, but ultimately approved by Town Council or Planning & Zoning Commission. A lot of cities use the Board of Adjustment for deviations from the parking standards, but I'm really convinced in looking at the literature, and even this book from ITE, "A Parking Generation", you know, some of these restaurant uses, there is three studies and that is the basis for them declaring that there is a certain ratio. I think when you have that kind of underlying data underlying the standard and then going to the Board of Adjustment which really has a high level or high bar to seek a variance, I do think it is something that it is better handled as a part of a site design review process at Town Council and P & Z. But it is something that you could, any of those four entities, could be the basis for changing the parking on a particular site.
These are the sections that I'm going to amend and my plan is to actually do a red-line strikeout of the parking text that is before you, give that to you, ask if there are any comments, and if there are not, schedule a Public Hearing to look at those. I plan to not bring it back for a work session unless you would like that discussion. I think I have got seven places listed. Section 82-72, we make a statement that says parking will be reviewed along with the site plan or Planned Development. Section 82-73 would set the ratios to be the minimums and the maximums. Section 82-73 would require mitigation for over parking. Section 82-73, again and most of these are within that 82-73, to allow for shared parking. It actually prohibits shared parking in our current regulations. Again, I think that is something that industry standard is and especially if we are trying to reduce over parking in these large developments, I think that is something that needs to be revised. Section 82-73 again, requires a parking study to be submitted on paragraph 6 in that same area it already talks about this parking study being required for some uses contained in the table. We would just change that up a little bit saying that if you are going to deviate, you need to have a parking study that would be submitted to the Town Engineer or Town Engineering Department for review. Section 98-814, allow for reduction through the PD process which is in the PD amendments and Section 82-83, which we really haven't talked about tonight, but I have mentioned it in the past. That is, I really do believe that the standard for requiring loading docks really is unnecessary. I do think there should be a statement in there that says that if you have loading docks, they should be indicated on the site plan and should be a certain size or even a size adequate to service the delivery vehicles. I do think that in today's environment, today's development pattern, you really do not need to mandate loading docks. Again, if you see them on the site plan I think that you will have an opportunity to deal with them, but I don't think it is necessary to mandate them.
Those are the changes that I'm proposing. Based on the discussion tonight, we will do a redline strikeout version, send it to you, allow you time to review and comment, and if you don't have a lot of comment, we will go ahead and schedule it for a Public Hearing.
Chairman Martin: Thanks Doug, any questions?
Vice-Chair Hollingshad: On the shared parking, do some of the references in the literature have numeric standards on how to deal with that based on the mix of businesses?
Mr. Powell: Yes it does.
Vice-Chair Hollingshad: Would it be your plan then to incorporate some of that into the standard.
Mr. Powell: No, I believe the best thing to do is to reference the ITE (Institute of Transportation Engineers) manual that talks about the methodology for doing a shared parking study. It is similar to their methodology for a traffic impact analysis. I would think we could incorporate that into the parking, just as with the Traffic Impact Analysis, there are a lot of assumptions and many variables, but it does lay out that methodology.
Vice-Chair Hollingshad: Okay, the second point was on mitigation factors. I guess out of the ones that you listed; I would be inclined to push towards additional filtration and pervious parking surfaces as something that we provide for more strict requirements on. We should leave more flexibility on the landscaping and trees, because I believe that, at the design stage, those things are easier to integrate into the design for the overall parking. The landscaping obviously impacts a lot of other things with the design of the facility, and I think we have a need to be more flexible in that regard.
Mr. Powell: I agree with you that the idea of filtering the stuff that comes off the parking is the greatest concern. Maybe we could write it to say that we mandate, because I think you could do that through filtration or the pervious. We can write that it mandate reducing the runoff or the first flush effect. The two methods to do that would be filtering it or pervious. The last couple of months we have talked to a lot of developers who are struggling with the new EPA Stormwater-2 Management, and getting enough detention on site. We have told the developers they can take some of their parking and make it pervious, use that to actually sheet flow off of the rest of the site and use that even as a filter.
Vice-Chair Hollingshad: Let's just make sure that we scrutinize those very closely. It's easy to make some significant mistakes when designing those systems that could run into some bad consequences.
Commissioner Walker: What communities did you investigate, I know it just says "other" communities, were they our neighbors, or statewide.
Mr. Powell: When Tommy originally did the work on this he looked at the surrounding neighbors, and right off hand I don't know which cities those are. Unfortunately, he was out of he office today, and I was not able to ask him.
Commissioner Walker: Are you seeing a lot of innovation that could really help us, either through the APA, ITE or some of the other professional associations?
Mr. Powell: I know there is a growing movement underway in the planning side to limit severe over parking. As I mentioned the last time, it really is an issue for downtown or urbanized areas where you have redevelopment going on, as to how you redevelop and still do the parking. There is a lot of effort to do this on the east coast too. There is an economic kind of issue with, the more land you have devoted to parking, the less land you have devoted to usable space, tax base and retail. I know earlier this year Plano was looking at their parking regulations along a couple of their corridors, because they had these big parking fields. The economic development in those areas then, that mandate of parking that no one really uses, or doesn't use for 99% of the time.
Chairman Martin: Thanks Doug, I admire you for taking this on. This is very much a crystal ball, you really don't know. It is as you said, some of the big centers are the ones that are under parked. I know that if you try to catch a movie up at Grapevine Mills, there is no place to park anytime, yet the other side of the shopping center is empty. It is one of those things that you really don't know, until the thing is up and built, what kind of parking problems you will or will not have. Kudos for taking this on and trying to give us a better plan.
Mr. Powell: Thank you, we will try to move this forward.
Chairman Martin adjourned the work session at 6:25 p.m.
Chairman Martin called the regular session of the Planning and Zoning Commission meeting to order at 6:31 p.m.
D. INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Depperschmidt gave the Invocation, and Commissioner Drescher led the Pledge of Allegiance.
E. CITIZENS/VISITORS COMMENTS TO THE COMMISSION
Chairman Martin explained that the Citizen's Comments portion of the agenda is for discussion limited to those issues that are not listed under the Public Hearing portion of the agenda.
Chairman Martin: Tonight we have a few Public Hearings and if you are here for those items you will have an opportunity to speak at that time. I know that there are some people here from the Pecan Park area that do wish to speak. I've made those people aware that the item is more than likely going to be tabled, and the Commission will probably not be taking action on that item tonight. I know that you had indicated to me that you would like to speak, so that being the case, the first speaker is Denise Woods. We ask that you try to limit your comments to three minutes in the interest of time, thank you.
Denise Woods, 3408 Pecan Park, Flower Mound
My name is Denise Woods, I live at 3408 Pecan Park Drive. I have just a couple of questions here. Has the issue definitely been tabled or postponed to a, because I'm not sure, I'm hearing maybe.
Chairman Martin: That is a great question.
Julie Smith, Executive Director, Development and Environmental Services
It has not officially been tabled because the Commission has to take action on that. One of the options that you have is to reverse the order of things. If you guys decide to table that, the Citizens comments will still follow. If Ms. Woods or any of her neighbors wanted to speak, they could do so after that item is tabled, and then you would know for certain that it had officially been tabled.
Chairman Martin: But the applicant has asked that it be tabled, isn't that correct? The applicant has asked for the item to be tabled.
Ms. Smith: Yes sir, the applicant has made the request but the Commission has not yet taken action on that request.
Chairman Martin: Right.
Ms. Smith: So one of the things that you could do is ask your fellow Commissioners if they would like to take the agenda out of order and consider the request to table that item. Then you could go ahead and receive a motion on that, take action on that, and then go back to the agenda in the order that it would follow, and the next thing would be Citizens Comments. Does that make sense?
Chairman martin: Okay, yes.
Vice-Chair Hollingshad: Where we left it John, at the last meeting, the Public Hearing was closed. The item on the agenda for this week would have been a continuation of Commission Deliberation on that item.
Chairman Martin: Okay, so we were not going to open up the Public Hearing anyway. I'm sorry, I was absent for that meeting. I would like to consider Regular Agenda Item 3, is that all right with everyone on the Commission?
REGULAR ITEM No. 3
(SUP 270-03) Consider approval of a request by Flower Mound Community Church for a Specific Use Permit to allow for a recreational field, Lot 3-D of the Meadowlands Addition, 4.9 acres, zoned Agricultural (A), generally located on the south side of Cross Timbers Road (FM 1171) and approximately 1,000 feet west of Old Settlers Road. (This item was tabled at the August 25, 2003, Planning and Zoning Commission Meeting).
Ed Voss, Town Attorney
The first item for consideration is to take it off the table, that is the first motion that would have to be passed upon.
Vice-Chair Hollingshad moved to take from the table (SUP 270-03), a request by Flower Mound Community Church for a Specific Use Permit to allow for a recreational field, Lot 3-D of the Meadowlands Addition, 4.9 acres, zoned Agricultural (A), generally located on the south side of Cross Timbers Road (FM 1171) and approximately 1,000 feet west of Old Settlers Road. Commissioner Goss seconded the motion.
VOTE ON THE MOTION
AYES: Depperschmidt, Pourzan, Walker, Hollingshad, Goss, Drescher
NAYS: None
ABSTAIN: None
ABSENT: McKaige
Mr. Voss: Now it can be acted upon by the Commission today.
Chairman Martin: If we table this item, we need to table to a specific date, is that correct?
Mr. Voss: Yes.
Commissioner Depperschmidt: The request was for one month.
Commissioner Walker: Does the staff have a preference for which date?
Mr. Powell: I always feel that it is hard to turn anything around in two weeks, so I would suggest the 27th of October, which is more in line with the applicant's request for a one month delay.
Vice-Chair Pourzan moved to table (SUP 270-03), a request by Flower Mound Community Church for a Specific Use Permit to allow for a recreational field, Lot 3-D of the Meadowlands Addition, 4.9 acres, zoned Agricultural (A), generally located on the south side of Cross Timbers Road (FM 1171) and approximately 1,000 feet west of Old Settlers Road, until October 27, 2003. Commissioner Depperschmidt seconded the motion.
VOTE ON THE MOTION
AYES: Drescher, Goss, Hollingshad, Walker, Pourzan, Depperschmidt
NAYS: None
ABSTAIN: None
ABSENT: McKaige
CITIZENS/VISITORS COMMENTS TO THE COMMISSION
Chairman Martin: Just to remind everyone that the Citizens Comments portion of the agenda is for discussion limited to those issues that are not listed under the Public Hearing portion of the agenda.
Denise Woods, 3408 Pecan Park, Flower Mound
I do have a question now that I know for sure that this issue has been tabled. Until that application is actually resolved, can the residents get some kind of an agreement or something that says that the facility not be used in any other manner than for their church related activities? We still have a soccer team out there playing Monday through Thursday and the Town staff has said that is a non-compatible use. We still are getting all of the noise and everything.
Ms. Smith: The Church has agreed, in the interim, to open that field to any group that wants to play soccer. Because it is now open and not restricted to just one soccer team, we cannot restrict them from playing there.
Ms. Woods: So even for the soccer club itself, they can go out there and continue with their schedule.
Ms. Smith: Right, as long as the Church understands that they have to open that field to other teams, and they have indicated that is true. Mr. Watson has arrived here, so if I'm speaking out of turn Rick, be sure and step up. As long as they keep that open to the public, they are not in violation of Town ordinances.
Ms. Woods: Okay, thank you.
Jim Mihalick, 3404 Pecan Park Drive, Flower Mound
The Pecan Park residents have been waiting patiently for the soccer field issue to be resolved. We have refrained from calling with noise complaints to this point, but in the interim, for the delay, who do we call when we have issues with the noise?
Ms. Smith: You would want to address those issues to Lisa Duello, she is the head of Environmental Health Services, which includes our Code Enforcement Division. You can reach her through the Town's general number, which is (972) 874-6000.
Mr. Mihalick: Okay, thank you.
Bill Sonntag, 3400 Pecan Park, Flower Mound
Mr. Sonntag indicated for the record, that he was opposed to the issuance of a Specific Use Permit and he did not wish to speak.
Brenda Schwartz, 3416 Pecan Park, Flower Mound
Since so many comments have been made about the residents of Pecan Park, we think it important to let you know who we are. We are probably a lot like the neighborhood you live in. We are a mix of long time residents of Flower Mound, and those who are new to our area. We are passionate about our families, just as you are. We are raising children, and parenting them to the best of our abilities. We are 31 families, with approximately ½ acre of land apiece. We have an additional park area at the entrance of our street of about 1 acre. Collectively, we own more than 14 acres of land in Flower Mound. Totally, our families have 38 children ranging from 5 weeks old, to college seniors, and grown children with families of their own. Our children attend all three public schools; elementary, middle, and high school. We are supportive of their education and all of the activities of our children, much like the parents of Infinity Soccer Club. We wish to remind everyone that we are also aware of the needs for sports facilities in our area. With the passage of the 2002 bond issue, including Baker's Field Park and the complex on Chinn Chapel, the lack of sports fields is being addressed. While we realize that this will not take total care of the needs, it does show that the Town and the residents are responsive to that need. We just ask for patience as Flower Mound addresses these needs and the accompanying concerns of Flower Mound residents.
Chairman Martin: Thank you Ms. Schwartz.
Nancye Abbott, 3308 Pecan Park Drive, Flower Mound
The Pecan Park residents asked that the Planning and Zoning Commissioners uphold the staff's recommendation to deny Flower Mound Community Church's SUP application. Staff's recommendation is based on the zoning ordinances and compatible and non-compatible uses. Thank you.
Chairman Martin: Thank you.
Jim Abbott, 3308 Pecan Park Drive, Flower Mound
Mr. Abbott indicated for the record, that he was opposed to the issuance of a Specific Use Permit and he did not wish to speak.
Jimmy Gazzola, 3508 Pecan Park Drive, Flower Mound
Mr. Gazzola indicated for the record, that he was opposed to the issuance of a Specific Use Permit and he did not wish to speak.
Barb Pierce, 3517 Pecan Park Drive, Flower Mound
Ms. Pierce indicated for the record, that she was opposed to the issuance of a Specific Use Permit and she did not wish to speak.
Marian Hamlett, 3508 Pecan Park Drive, Flower Mound
Ms. Hamlett indicated for the record, that she was opposed to the issuance of a Specific Use Permit and she did not wish to speak.
Marcia Thompsen, 3413 Pecan Park Drive, Flower Mound
Thank you very much. My name is Marcia Posner Thompsen, I live at 3413 Pecan Park Drive. For the record, the Pecan Park residents are not opposed to a church building, or a parking lot, or any other compatible use, in the location where the Church has the soccer field. Thank you.
Chairman Martin: Thank you for your comments.
Karen Meier, 3313 Pecan Park Drive, Flower Mound
Ms. Meier indicated for the record, that she was opposed to the issuance of a Specific Use Permit and she did not wish to speak.
Chairman Martin: Is there anyone else wishing to speak at this time under Citizens Comments?
Jerry Bonner, Fire Marshal
Commissioner Martin, I would like to remind everybody that a week from this Saturday, October 4th, the Fire Department is having its 7th Annual Open House at the Central Fire Station. We would be glad to have everybody come by. It is going to be from 10:00 a.m. until 2:00 p.m. There will be flier out all over town with some of the activities listed, so come on by. We will have a good time.
Chairman Martin: Thank you, that is a good time. We will be sure and go. Are there any other Citizens Comments?
F. COMMISSION MEMBER'S ANNOUNCEMENTS AND ITEMS
Chairman Martin: I will take this opportunity to speak. Later on tonight, we will have the election of officers for Chair and Vice-Chair, and it is looking as though I will be stepping aside as the Chair. I just wanted to let the Commission know that I appreciate the confidence that you all have had in me over the last five or so years in serving as Chair. It is time for me to step aside and let somebody else do this job and duty. I have enjoyed my time, but look forward to being a regular voting member, if that is what everyone so desires.
G. DIRECTOR'S REPORT
Doug Powell, Assistant Executive Director, Development and Environmental Services
As you are aware, the Flower Mound Community Church has asked for their item to be tabled. In addition, Item No. 5 on your agenda, Parker Square has asked for their item to be postponed. The memo is in your packet. Two items were supposed to be on your agenda, Noodle Swing Restaurant and Conoco Convenience mart. We did not place them on your agenda, because they did not meet the noticing requirements. We did our part in noticing it in the newspaper, they didn't do their part in providing us with adequate description or placing the signs, so there is really nothing that staff could do other than not put it on the agenda, it could not have been heard.
I also want to mention that the Boards and Commission Banquet is November 6. Paula is going to give you a formal invitation, but I did want you to pencil that in on your calendar.
The last item, I mentioned it briefly, Tommy Dalton is not here because he had a family emergency. Hopefully, we can get through the couple of items on the agenda that were his, you might have to bear with us a little bit in his absence.
Ms. Smith: If I could just add one thing, to the current Chair for the next few minutes, staff will miss you. We have appreciated you very much and I really do appreciate all of the work that you have done.
H. ELECTION OF OFFICERS
Chairman Martin: The way that we have typically done this and Ed correct me if I am wrong, because we don't do this that often it seams like. What we normally do is open the floor for nominations from the Commission Members. Alternates are not allowed to nominate or vote.
Mr. Voss: Correct.
Chairman Martin: The current Chair can nominate, correct?
Mr. Voss: They can nominate, but they cannot vote, current Chair cannot vote.
Chairman Martin: Okay, I will take nominations for Chairperson and Vice-Chairperson.
1. Chairperson
Chairman Martin: I wish to nominate Nick Hollingshad as Chair.
There being no other nominations, Chairman Martin moved to appoint Nick Hollingshad as Chairperson. Commissioner Pourzan seconded the motion.
VOTE ON THE MOTION
AYES: Depperschmidt, Pourzan, Hollingshad, Goss, Drescher
NAYS: None
ABSTAIN: None
ABSENT: McKaige
2. Vice Chairperson
Commissioner Depperschmidt: I will nominate Ellen Pourzan for Vice-Chair.
There being no other nominations, Commissioner Depperschmidt moved to appoint Ellen Pourzan as Vice Chairperson. Chairman Hollingshad seconded the motion.
VOTE ON THE MOTION
AYES: Drescher, Goss, Martin, Pourzan, Depperschmidt
NAYS: None
ABSTAIN: None
ABSENT: McKaige
Chairman Hollingshad: Let me just start by thanking the Commission in their confidence in me and on Ellen's behalf too. It has really been a pleasure working here on this Commission and I just want to say that the, I'm okay with doing this primarily because John is still going to be a sitting Commissioner and we are going to have the benefit of his input on all of these things as we have in the past, so thank you John.
I. CONSENT AGENDA
Chairman Hollingshad read the items on the Consent Agenda.
Commissioner Martin made a motion to approve by consent, Items 1 and 2. Vice Chairperson Pourzan seconded the motion. Each item, as approved by consent, is restated below along with the approved recommendation for each, for the record.
1. Consider approval of the minutes from a regular meeting of the Planning and Zoning Commission held on August 25, 2003. (This item was withdrawn by staff at the September 8, 2003, Planning & Zoning Commission Meeting).
RECOMMENDATION: Approve the minutes from a regular meeting of the Planning and Zoning Commission held on August 25, 2003.
2. Consider approval of the minutes from a regular meeting of the Planning and Zoning Commission held on September 8, 2003.
RECOMMENDATION: Approve the minutes from a regular meeting of the Planning and Zoning Commission held on September 8, 2003.
VOTE ON THE MOTION
AYES: Depperschmidt, Martin, Walker, Pourzan, Goss, Drescher
NAYS: None
ABSTAIN: None
ABSENT: McKaige
J. REGULAR ITEMS
4. (ZPD 07-03) Public Hearing to consider an amendment to Exhibit "B," Development Standards of PD-24, Planned Development District No. 24 adopted by Ordinance No. 54-01, to clarify the correct reference for exhibits attached to said ordinance. The property, being a 24.56-acre tract of land in the Parker Square Addition, is generally located north of Cross Timbers Road/FM 1171 and west of Timber Creek Road.
Staff Presentation
Kathy Aljoe, Senior Planner
Thank you Chairman Hollingshad, members of the Commission, my name is Kathy Aljoe, Senior Planner with the staff. Recently, during a request for an amendment to the sign ordinance for Parker Square, and in researching the ordinances that are on the books for Parker Square, staff found out that there was a problem with the exhibits. During the advertisement process the amendment to the sign ordinance was incorrectly noticed. Therefore, tonight the staff is requesting consideration of amending PD-24 to correct the exhibits that are now currently within the ordinance. Back in 1985, PD-24 was originally zoned to office. In 1997, the PD was amended for Parker Square to include Retail-2 uses and with that amendment; Exhibit "A", was the legal description, Exhibit "B", was the Development Standards, and Exhibit "C" was the Concept Plan. In 1999, Parker Square was amended again and within that amendment, we took the current ordinance and made it all-inclusive and left Exhibit "A", "B", and "C" the same. We included Exhibit "D", Signage Standards and Exhibit "E" Parking Requirements. In 2001, it was amended again and this time it was amended for the Parker Square Pedestrian Bridge. With the amendments, the same standards in Exhibit "B" were again put into the ordinance. The ordinance however was changed to reflect Exhibit "D" as being the Pedestrian Bridge. The sign ordinance standards previously referred to as Exhibit "D", became Exhibit "C", which is the Concept Plan.
This amendment will be all-inclusive, all of the development standards now listed as Exhibit "B" will be amended to include the exhibits correctly as follows. Exhibit "A" will be the Legal Description, Exhibit "B" will be the Development Standards, Exhibit "C" will be the Concept Plan, Exhibit "D" will be the Sign Ordinance, Exhibit "E" will be the Parking Requirements, and Exhibit "F" will be the Parker Square Pedestrian Bridge. Staff will not take this amendment forward until we go through the new sign ordinance package that Parker Square is bringing forward. Once that goes forward, the staff will insert the correct sign ordinance and we will take it through as an all-inclusive ordinance for the Town Council to consider. With that, staff recommends approval and I will be glad to answer any questions that you may have.
Questions and Answers
Chairman Hollingshad: Are there any questions?
Commissioner Martin: Is this just simply a housekeeping item?
Ms. Aljoe: Yes it is. As we amended the ordinance, each time we amended the ordinance as an entirety, and we took all of those development standards and kept on repeating them. As we repeated them, somewhere along the line, the exhibits did not get attached or they were incorrectly attached.
Chairman Hollingshad: Are there any other questions of staff?
Open Public Hearing
Question and Answers None
In Support
Rob Baldwin, 1445 Ross Avenue, #400, Dallas, Texas
Hello Mr. Chairman, Ladies and Gentlemen, my name is Rob Baldwin, 1445 Ross Avenue, Dallas. I'm representing Parker Square tonight on another matter, but I just want to let you know I have worked with the staff and we are fully in support of this housekeeping amendment. I'm here to answer any questions you may have. Thank you.
Chairman Hollingshad: Thank you Mr. Baldwin. Is there anyone else wishing to speak in favor? Hearing none, those wishing to speak in opposition now is the time to come forward.
In Opposition None
Close Public Hearing
Commission Deliberation None
Commissioner Martin moved to approve (ZPD 07-03), an amendment to Exhibit "B," Development Standards of PD-24, Planned Development District No. 24 adopted by Ordinance No. 54-01, to clarify the correct reference for exhibits attached to said ordinance. The property, being a 24.56-acre tract of land in the Parker Square Addition, is generally located north of Cross Timbers Road/FM 1171 and west of Timber Creek Road. Commissioner Depperschmidt seconded the motion.
Discussion on the Motion None
VOTE ON THE MOTION
AYES: Drescher, Goss, Pourzan, Walker, Martin, Depperschmidt
NAYS: None
ABSTAIN: None
ABSENT: McKaige
5. (ZPD 06-03) Public Hearing to consider an amendment to Exhibit "B," Development Standards of PD-24, Planned Development District No. 24, by adopting new sign standards for Parker Square by replacing the "Parker Square Signage Standard, August 23, 1999," with the "Parker Square Sign Standards 2003" (the "Manual"). The property, being a 24.56-acre tract of land in the Parker Square Addition, is generally located north of Cross Timbers Road/FM 1171 and west of Timber Creek Road. (This item was withdrawn by staff at the September 8, 2003, Planning & Zoning Commission Meeting).
Mr. Powell: Mr. Chairman, in your packet there is a memo from Ms. Lisa Duello, Director of Environmental Health Services, with an attachment from Mr. Baldwin. The applicant has asked that this item be held until the October 13, 2003 meeting to allow for them to amend their application. In order not to have to re-notice this item, we ask that the Public Hearing be opened, and then tabled to that October 13 meeting.
Open Public Hearing
Chairman Hollingshad opened the Public Hearing.
Vice-Chair Pourzan moved to table until the October 13, 2003 meeting of the Planning and Zoning Commission, (ZPD 06-03), an amendment to Exhibit "B," Development Standards of PD-24, Planned Development District No. 24, by adopting new sign standards for Parker Square by replacing the "Parker Square Signage Standard, August 23, 1999," with the "Parker Square Sign Standards 2003" (the "Manual"). The property, being a 24.56-acre tract of land in the Parker Square Addition, is generally located north of Cross Timbers Road/FM 1171 and west of Timber Creek Road. Commissioner Goss seconded the motion.
VOTE ON THE MOTION
AYES: Depperschmidt, Martin, Walker, Pourzan, Goss, Drescher
NAYS: None
ABSTAIN: None
ABSENT: McKaige
6. (SUP 272-03) Public Hearing to consider a request for a Specific Use Permit for Capriccio Ristoriante. Specifically, the request is to allow for a private club for the sale of alcoholic beverages for on-premise consumption within a 3,861-square-foot restaurant lease space in Parker Square Building 400, being a portion of Lot 6, Block 1 of the Parker Square Addition. The property, zoned PD-24, Planned Development District No. 24 for O, Office District and R-2, Retail District-2 uses, is generally located north of Cross Timbers Road/FM 1171 and west of Timber Creek Road.
Applicant's Presentation
Kathy Aljoe, Senior Planner
Thank you Chairman Hollingshad and Commission Members. The first presenter will be the applicant, Robert Baldwin, and then staff will give their presentation.
Rob Baldwin, 1445 Ross Avenue, #400, Dallas, Texas
Good evening Mr. Chairman, Ladies and Gentlemen, my name is Robert Baldwin, 1445 Ross Avenue in Dallas. I am here representing Capriccio Ristoriante in their request for an SUP for a private club. They would like to put a 3,800-square-foot restaurant in the old Gym Kids space, if you are familiar with that, at Parker Square. It's right next door, across a little alley from Sonoma Grill. It is an Italian Restaurant and they would like to be able to have permission to serve beer and wine, and some cocktails. I'm here to answer any questions. The hours of operation will be from 11:00 a.m. until 3:00 p.m. for lunch, and then 5:00 p.m. until 11:00 p.m. for dinner seven days a week.
Questions and Answers
Chairman Hollingshad: Are there any questions for the applicant? Thank you Mr. Baldwin.
Staff Presentation
Kathy Aljoe, Senior Planner
The staff really does not have anything to add to this except that we recommend approval. We have listed the same three conditions that we list for all private clubs for alcoholic beverages. It is specific to this restaurant, Capriccio Ristoriante, doing business as Capriccio Italian Eatery. The attached site plan will become a part of the ordinance and if a building permit application has not been submitted to the Town within a year of approval, the zoning of this property including the Specific Use Permit described herein, will automatically be placed on a subsequent Planning and Zoning Commission Agenda for consideration as a Town initiated zoning change under normal zoning amendment procedures. That concludes the staff's presentation. If you have any questions, I will be glad to answer them.
Questions and Answers
Commissioner Martin: Did you serve us pizza tonight to kind of butter us up?
Ms. Aljoe: That was Sally.
Mr. Baldwin: Thank you Sally.
Chairman Hollingshad: Are there any other questions for staff?
Commissioner Martin: I have a question but it really doesn't have anything to do with the case. Is this a chain?
Mr. Baldwin: No, it is not a chain.
Commissioner Martin: Okay, is it an individual here in Flower Mound that is opening it?
Mr. Baldwin: There is an office in Lewisville, but honestly, I don't know where they live. They are excited about coming in here.
Commissioner Martin: But they are somewhat local?
Mr. Baldwin: They are local and it is not a chain restaurant.
Commissioner Martin: That is great. Thanks.
Vice-Chair Pourzan: Are they really Italian?
Mr. Baldwin: I don't think they are real Italians, but they will have real Italian food.
Open Public Hearing
Question and Answers None
In Support
Rob Baldwin, 1445 Ross Avenue, #400, Dallas, Texas
Mr. Baldwin indicated for the record, that he was in support of the issuance of a Specific Use Permit and that he did not wish to speak.
In Opposition None
Close Public Hearing
Commission Deliberation
Commissioner Depperschmidt: I just think it is fantastic that we can broaden our selection here in Flower Mound with more restaurants.
Commissioner Martin: In addition to that, just more of a variety in Parker Square. I think they are doing a great job at getting a variety of different restaurants and you can get anything you want over there, there are a lot of really fine places to eat over there. This is a good addition.
Chairman Hollingshad: I had a question for staff, I meant to look up while I was home but I lost tract of time on this. I seem to recall there was a development, and I believe it was Parker Square, where we had a limitation on the square footage of restaurants within the entire development. Does that ring a bell with anybody, or did I dream that up?
Ms. Smith: You are pre-dating most of the staff here Nick, I'm sorry.
Mr. Baldwin: I think that I've been actually working on this since the beginning. There is a limitation on restaurants, and I believe the number is 20,000 square feet. We are at about 12,000, which includes this. Because we have, well actually, it would be about 15,000 because of the Roly Poly Sandwich place that came in, but the sit-down restaurants are at about 12,000.
Chairman Hollingshad: That was going to be my next question, where are we in relation to the limit?
Mr. Baldwin: We are about there. Our plans are for the two buildings that are going to be built right along FM 1171, one story triangular buildings, they will be #100 and #200, those will probably have restaurants in them, but I think that is about it for the restaurants.
Chairman Hollingshad: Thank you.
Mr. Baldwin: Your welcome.
Commissioner Depperschmidt moved to approve (SUP 272-03), a request for a Specific Use Permit for Capriccio Ristoriante. Specifically, the request is to allow for a private club for the sale of alcoholic beverages for on-premise consumption within a 3,861-square-foot restaurant lease space in Parker Square Building 400, being a portion of Lot 6, Block 1 of the Parker Square Addition, subject to the conditions noted below. The property, zoned PD-24, Planned Development District No. 24 for O, Office District and R-2, Retail District-2 uses, is generally located north of Cross Timbers Road/FM 1171 and west of Timber Creek Road.
1. The Specific Use Permit granted herein is specific to Capriccio Ristoriante, dba Capriccio Italian Eatery, at the location stated herein and shall not be transferred to any other person or entity or any other location without the approval of the Town Council.
2. The attached site plan, labeled Exhibit "B," shall be an exhibit to the Specific Use Permit.
3. If a building permit application has not been submitted to the Town's Building Inspection Division for consideration of a building permit within one year of approval of the ordinance, the zoning for this property, including the Specific Use Permit described herein, will be a matter that will be automatically placed upon a subsequent Planning and Zoning Commission agenda for consideration as a Town-initiated zoning change under normal zoning amendment procedures.
Vice-Chair Pourzan seconded the motion.
Discussion on the Motion
Chairman Hollingshad: I would like to check with Mr. Baldwin to make sure that you understand and agree with the conditions that were placed on the approval.
Mr. Baldwin: Yes sir I do, I will make sure my client understands as well.
Chairman Hollingshad: Thank you.
VOTE ON THE MOTION
AYES: Drescher, Goss, Pourzan, Walker, Martin, Depperschmidt
NAYS: None
ABSTAIN: None
ABSENT: McKaige
7. (SUP 275-03) Public Hearing to consider a request from Pai-Chuan King, on behalf of Gingko Tree, Inc., for a Specific Use Permit for a private club to allow for on-premise consumption of alcoholic beverages for Gingko Tree China Bistro Restaurant, Flower Mound Towne Crossing, zoned Commercial District-2, generally located on the northwest corner of Cross Timbers Road (FM 1171) and Long Prairie Road (FM 2499).
Applicant's Presentation
Kathy Aljoe, Senior Planner
Thank you Chairman Hollingshad and members of the Commission. The first presentation will be given by the applicant, Mr. King, followed by staff's presentation.
Pai-Chuan (Arthur) King
Hi, my name is Arthur King, I'm one of the owners of Gingko Tree China Bistro in Flower Mound. We have been opened since May 24, and we are very excited to be here. As far as information goes, we are a Chinese Restaurant. Many of our dishes are traditional, but also updated. We have a lot of different menu items from our real famous Gingko Tree Spicy Chicken to your herbal teas. Our hours of operation are Monday through Sunday. Sunday through Thursday being from 11:00 a.m. until 9:00 p.m., Friday and Saturday from 11:00 a.m. until 10:00 p.m. This is all very new to me, so I not quite sure what to do next.
Chairman Hollingshad: That is fine, do we have any questions for the applicant?
Questions and Answers None
Staff Presentation
Kathy Aljoe, Senior Planner
If you are not already aware of it, this is where Bari's use to be located. This restaurant is now located within that lease space. Staff really does not have anything else to add to it. Staff recommends approval with the same conditions attached in the SUP for the Italian restaurant. I will be glad to answer any questions that you may have.
Questions and Answers None
Open Public Hearing
Questions and Answers None
In Support None
In Opposition None
Close Public Hearing
Commission Deliberation None
Commissioner Goss moved to approve (SUP 275-03), for a Specific Use Permit for Pai-Chuan King, on behalf of Gingko Tree, Inc., for a Specific Use Permit for a private club and allow for on-premise consumption of alcoholic beverages for Gingko Tree China Bistro Restaurant, Flower Mound Towne Crossing, zoned Commercial District-2, generally located on the northwest corner of Cross Timbers Road (FM 1171) and Long Prairie Road (FM 2499), subject to the following conditions:
1. The Specific Use Permit granted herein is specific to Gingko Tree, Inc., at the location stated herein and shall not be transferred to any other person or entity or any other location without the approval of the Town Council.
2. The attached site plan, labeled "Attachment 2" shall be an exhibit to the Specific Use Permit.
3. If a building permit application has not been submitted to the Town's Building Inspection Division for consideration of a building permit within one year of approval of the ordinance, the zoning for this property, including the Specific Use Permit described herein, will be a matter that will be automatically placed upon a subsequent Planning and Zoning Commission agenda for consideration as a Town-initiated zoning change under normal zoning amendment procedures.
Vice-Chair Pourzan seconded the motion.
Discussion on the Motion
Chairman Hollingshad: Mr. King, do you understand and agree to the conditions that were placed on the motion.
Mr. King: Yes.
VOTE ON THE MOTION
AYES: Depperschmidt, Martin, Walker, Pourzan, Goss, Drescher
NAYS: None
ABSTAIN: None
ABSENT: McKaige
8. (SUP 276-03) Public Hearing to consider a request for a Specific Use Permit for Simply Fondue Restaurant. Specifically, the request is to allow for a private club for the sale of alcoholic beverages for on-premise consumption within a 4,218-square-foot lease space (Suite 101) at the eastern end of the Tom Thumb shopping center (Lot 1, Block A of Tom Thumb Addition). The property, zoned PD-36, Planned Development District No. 36 for C-2, Commercial District-2 uses is generally located at the southwest corner of the intersection of Morriss Road and Justin Road/FM 407 at 2221 Justin Road.
Applicant's Presentation
Kathy Aljoe, Senior Planner
Thank you Chairman Hollingshad, members of the Commission, the first presentation will be given by Lance Wilson and then followed by staff's presentation.
Lance Wilson, 3319 Brampton Drive, Corinth
Hi, my name is Lance Wilson, I live at 3319 Brampton Drive in Corinth, and this is Tim West and Michael Johnston. We are requesting a Special Use Permit for a private club for the sale of alcoholic beverages at our Simply Fondue Restaurant located here in Flower Mound. We have currently, two other locations, one on lower Greenville in Dallas, and another one in Arlington at the corner of I-30 and Collins Boulevard in the Lincoln Square Shopping Center. We also have a fourth tentatively scheduled to open in Southlake off Southlake Boulevard in December. I am open to any questions.
Questions and Answers
Commissioner Depperschmidt: Are you open presently?
Mr. Wilson: We are presently open, but not in Flower Mound.
Commissioner Depperschmidt: When are you due to open?
Mr. Wilson: We are due to open sometime toward the end of October, or early November.
Commissioner Goss: What percentage of your sales are alcoholic beverages?
Mr. Wilson: At our location in Dallas we only serve beer and wine, and that percentage is somewhere around 13%. In Arlington we have beer, wine, and liquor, basically the one there in Dallas has been there a little bit longer, it's a little bit smaller, we don't have a full bar there, but the one in Arlington our percentage of sales is right around 16 to 18% on an annual basis.
Commissioner Pourzan: Do you plan to have just beer and wine here or all three?
Mr. Wilson: No Mam, we plan on having all three here. We are in the process of currently changing Dallas over as well to all three.
Commissioner Depperschmidt: Did you mention your hours?
Mr. Wilson: We open at 4:00 p.m. daily for dinner only, seven days a week. We stay open until 11:00 p.m. Friday and Saturday, and then, we have not decided, either 9:00 or 10:00 p.m. judging on the flow of business, Sunday through Thursday.
Chairman Hollingshad: Are there any other questions for the applicant? Thank you.
Staff Presentation
Kathy Aljoe, Senior Planner
If you are not aware of where the location is, it's right over to the east side of the Tom Thumb Shopping Center. Right now there is a sign "Romancing Your Home", use to be and that is the location. Staff recommends approval of this request with the same conditions as noted on the other SUP's. That concludes the staff's presentation, if you have any questions I will be glad to answer them.
Chairman Hollingshad: Are there any questions for staff?
Questions and Answers None
Open Public Hearing
Questions and Answers None
In Support
Lance Wilson, 3319 Brampton Drive, Corinth
Mr. Wilson indicated for the record, that he was in support of the issuance of a Specific Use Permit and that he did not wish to speak.
In Opposition None
Close Public Hearing
Commission Deliberation None
Commissioner Drescher moved to approve (SUP 276-03), a request for a Specific Use Permit for Simply Fondue Restaurant. Specifically, the request is to allow for a private club for the sale of alcoholic beverages for on-premise consumption within a 4,218-square-foot lease space (Suite 101) at the eastern end of the Tom Thumb shopping center (Lot 1, Block A of Tom Thumb Addition), subject to the conditions noted below. The property, zoned PD-36, Planned Development District No. 36 for C-2, Commercial District-2 uses is generally located at the southwest corner of the intersection of Morriss Road and Justin Road/FM 407 at 2221 Justin Road.
1. The Specific Use Permit granted herein is specific to Simply Fondue Restaurant at the location stated herein and shall not be transferred to any other person or entity or any other location without the approval of the Town Council.
2. The attached site plan, labeled Exhibit "B," shall be an exhibit to the Specific Use Permit.
3. If a building permit application has not been submitted to the Town's Building Inspection Division for consideration of a building permit within one year of approval of the ordinance, the zoning for this property, including the Specific Use Permit described herein, will be a matter that will be automatically placed upon a subsequent Planning and Zoning Commission agenda for consideration as a Town-initiated zoning change under normal zoning amendment procedures.
Commissioner Martin seconded the motion.
Discussion on the Motion None
Chairman Hollingshad: I would like to ask the applicants if they understand and agree to the conditions that were placed on the motion.
Mr. Wilson: Yes.
VOTE ON THE MOTION
AYES: Drescher, Goss, Pourzan, Walker, Martin, Depperschmidt
NAYS: None
ABSTAIN: None
ABSENT: McKaige
H. ADJOURNMENT
Commissioner Martin made a motion to adjourn at 7:30 p.m. on Monday, September 22, 2003, and Vice-Chair Pourzan seconded the motion. All were in favor, and the motion passed unanimously.
TOWN OF FLOWER MOUND, TEXAS
DOUGLAS S. POWELL, AICP
Assistant Executive Director
Development & Environmental Services
ATTEST:
SALLY BYRD, Secretary