NOTICE OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION Tuesday, April 4, 2017 REGULAR MEETING AGENDA 6:30 PM

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1 NOTICE OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION Tuesday, April 4, 2017 Notice is hereby given of the Regular Meeting of the Planning & Zoning Commission beginning at 6:30 p.m. Tuesday, April 4, 2017, at Argyle Town Hall, located at 308 Denton Street, Argyle, Texas. The Items listed below are placed on the agenda for discussion and/or action. REGULAR MEETING AGENDA 6:30 PM A. CALL TO ORDER Chairman Paul Walker B. PLEDGE OF ALLEGIANCE American Flag C. PLEDGE OF ALLEGIANCE Texas Flag - Honor the Texas Flag; I pledge allegiance to thee Texas, one state, under God, one and indivisible. D. MINUTES 1. Consider approval of the minutes of the Regular Planning and Zoning Commission Meeting of March 7, E. OLD BUSINESS 1. TABLED ITEM: Consider and make a recommendation for a site plan (SP ) for Sprinkle Donuts, being an approximately 1500 SQ FT donut shop; being described as Original Town of Argyle, Lots 8,9 &10, Block 8, Town of Argyle, Denton County, Texas. F. NEW BUSINESS 1. PUBLIC HEARING: Consider and make a recommendation for an ordinance amendment (ORD ) to consider amendments regarding Section , B, of the Town of Argyle Town Development Standards regarding minimum lot sizes for sanitary sewer facilities. Agenda of the April 4, 2017 Planning and Zoning Commission Page 1 of 2 Page 1 of 24

2 G. FUTURE AGENDA AND ITEMS OF INTEREST 1. Briefing on recent Town Council action on Community Development agenda items. 2. Project updates. H. ADJOURNMENT CERTIFICATION: I hereby certify that the above notice was posted on the bulletin board at Argyle Town Hall, 308 Denton Street, Argyle, Texas, at 5:00 p.m. on the 31 st day of March, Matthew C. Jones, AICP Director of Community Development A quorum of the members of the Argyle Town Council may be in attendance at this meeting. The Town Council will take no action at this time. Persons with disabilities who plan to attend this public meeting and who may need auxiliary aid or services are requested to contact the Argyle Town Hall 48 hours in advance, at , and reasonable accommodations will be made for assistance. Agenda of the April 4, 2017 Planning and Zoning Commission Page 2 of 2 Page 2 of 24

3 MINUTES OF THE TOWN OF ARGYLE PLANNING AND ZONING COMMISSION MEETING TUESDAY, MARCH 7, 2017 A regular meeting of the Argyle Planning and Zoning Commission was held on Tuesday, March 7, 2017, at 5:00 p.m. at Argyle Town Hall, located at 308 Denton Street, Argyle, Texas. This was an OPEN MEETING, open to the public, subject to the open meeting laws of the State of Texas and, as required by law, was hereby posted on March 3, 2017 at 5:00 PM, at Argyle Town Hall, giving notice of time, date, place, and agenda thereof. PLANNING AND ZONING COMMISSION MEMBERS PRESENT: Paul Walker, Chairman Jackie Thomas, Vice-Chair Sherry Griffin Wayne Holt Eric Fields Richard Spies PLANNING AND ZONING COMMISSION MEMBERS ABSENT: Paula Mabry STAFF PRESENT: Paul Frederiksen, Town Manager Matthew Jones, Director of Community Development Angie Manglaris, Development Coordinator Matthew Butler, Town Attorney Trent Petty, Consultant WORK SESSION AGENDA 5:00 PM A. CALL WORK SESSION TO ORDER The pre-meeting work session is designed as an opportunity for the P&Z Commission to discuss pending items. No action will be taken during the work session portion of the meeting. 1. Discussion regarding the Town of Argyle Comprehensive Plan. The work session was called to order at 5:05 p.m. Chairman Walker briefed the commission on the history of the comprehensive plan up to this point and asked the commissioners to suggest areas for improvement. Mr. Petty gave a presentation on the comprehensive plan and discussion was held. The work session closed at 7:15 p.m. REGULAR MEETING AGENDA B. CALL TO ORDER Chairman Paul Walker The regular meeting was called to order at 7:24 p.m., noting a quorum was present. C. PLEDGE OF ALLEGIANCE American Flag Page 3 of 24

4 Minutes of the March 7, 2017 Argyle Planning & Zoning Commission Page 2 of 5 D. PLEDGE OF ALLEGIANCE Texas Flag - Honor the Texas Flag; I pledge allegiance to thee Texas, one state, under God, one and indivisible. E. MINUTES 1. Consider approval of the minutes of the Regular Planning and Zoning Commission Meeting of February 7, Mr. Fields motioned to approve the minutes of February 7, Mr. Holt seconded the motion. The motion carried unanimously by a vote of 6-0. F. OLD BUSINESS None. G. NEW BUSINESS 1. PUBLIC HEARING: Consider and make a recommendation for a Specific Use Permit (SUP ) for a proposed solar energy system at 328 Creekside Trail, being Lot 1, Block 16, Country Lakes, Town of Argyle, Denton County, Texas. Ms. Manglaris explained the specific use permit request and presented the staff report. The public hearing opened at 7:28 p.m. No public input was received. Public hearing was closed at 7:28 p.m. Discussion was held and Mrs. Thomas motioned to approve the specific use permit. Mr. Fields seconded the motion. The motion carried unanimously by a vote of PUBLIC HEARING: Consider and make a recommendation for a zoning change (Z ) from A (Agricultural) to PD-002 (Planned Development) for Game Guard, being approximately acres; being described as Prairie Oaks Addition, Lot 2, Block A, Town of Argyle, Denton County, Texas; and being located at the southeast corner of Old Justin Road and I-35W. Mr. Jones presented the explained the zoning change request and presented the staff report. A representative of the applicant explained the zoning change request and answered questions from the commission. The public hearing opened at 7:41 p.m. Two individuals spoke against the zoning change request. The public hearing closed at 7:46 p.m. Mr. Spies motioned to approve the zoning change request with the following recommendations: 1. Recommendations in the staff report. 2. Correct/clarify building use labels and table on overall concept plan. 3. Add language in the Landscaping Requirements section of the development standards that would require a landscape/screening buffer on commercial properties that are Page 4 of 24

5 Minutes of the March 7, 2017 Argyle Planning & Zoning Commission Page 3 of 5 adjacent to residentially developed properties, as they develop, as shown and included on an approved site plan by the Planning and Zoning Commission and Town Council. 4. Remove Veterinary Hospital under Other Uses from the proposed permitted use chart table. Mr. Fields seconded the motion. The motion carried unanimously by a vote of Consider and make a recommendation for a site plan (SP ) for Game Guard, being approximately acres; being described as Prairie Oaks Addition, Lot 2, Block A, Town of Argyle, Denton County, Texas; and being located at the southeast corner of Old Justin Road and I-35W. Mr. Jones presented the staff report and explained the site plan request. A representative of the applicant presented the site plan and answered questions from the commission. Discussion was held and Mr. Fields motioned to approve the site plan request with the following recommendations: 1. Recommendations in the staff report. 2. Correct/clarify building use labels and table on overall site plan. Mr. Holt seconded the motion. The motion carried unanimously by a vote of Consider and make a recommendation for a site plan (SP ) for Sprinkle Donuts, being an approximately 1500 SQ FT donut shop; being described as Original Town of Argyle, Lots 8,9 &10, Block 8, Town of Argyle, Denton County, Texas. Mr. Jones presented the staff report and explained the site plan request. A representative of the applicant explained the site plan request and answered questions from the commission. Discussion was held and Mr. Fields motioned to table the site plan request until the April 4, 2017 meeting of the Planning and Zoning Commission. Mr. Holt seconded the motion. The motion carried unanimously by a vote of Consider and take appropriate action on a preliminary plat (PP ) for The Lakes of Argyle, a proposed subdivision on an approximately acre tract of land in the T. White Survey, Abstract No. 1384, Tracts 20 and 21; Vineyard Hills Subdivision, Block 1, Lots 3, 4, and 5; Vineyard Hills Subdivision No. 2, Block A, Lots 2R and 3; and Restless Acres, Block A, Lot 1; and being located on the west side of HWY 377 and the Union Pacific Railroad, south of Old Justin Road and north of Harpole Road West, located in the Town of Argyle, Denton County, Texas. Mr. Jones presented the staff report and explained the preliminary plat. Page 5 of 24

6 Minutes of the March 7, 2017 Argyle Planning & Zoning Commission Page 4 of 5 A representative of the applicant answered questions from the commission. Discussion was held and Mrs. Thomas motioned to approve the preliminary plat. Mr. Holt seconded the motion. The motion carried unanimously by a vote of Consider and take appropriate action on a final plat (FP ) for The Lakes of Argyle, a proposed subdivision on an approximately acre tract of land in the T. White Survey, Abstract No. 1384, Tracts 20 and 21; Vineyard Hills Subdivision, Block 1, Lots 3, 4, and 5; Vineyard Hills Subdivision No. 2, Block A, Lots 2R and 3; and Restless Acres, Block A, Lot 1; and being located on the west side of HWY 377 and the Union Pacific Railroad, south of Old Justin Road and north of Harpole Road West, located in the Town of Argyle, Denton County, Texas. Mr. Jones presented the staff report and explained the final plat. Discussion was held and Mrs. Thomas motioned to approve the preliminary plat. Mr. Holt seconded the motion. The motion carried unanimously by a vote of Consider and take appropriate action on a preliminary plat (PP ) for Waterbrook, a proposed subdivision on approximately acres of land, legally described as portions of S. Chambers Survey, Abstract No. 308, Tracts 47-50,55, 56, Chaney Addition, Block A, Lot 1 and 2, and Shady Oaks Estates 3, Block 1, Lot 1R; and being located at the southeast corner of HWY 377 and FM 407, located in the Town of Argyle, Denton County, Texas. Mr. Jones presented the staff report and explained the preliminary plat. Discussion was held and Mr. Holt motioned to approve the preliminary plat. Mr. Spies seconded the motion. The motion carried unanimously by a vote of Consider and take appropriate action on a final plat (FP ) for Liberty Pointe, a proposed subdivision on approximately acres of land in the G. Cardinas Survey, Abstract No. 216, located in the Town of Argyle s Extra Territorial Jurisdiction (ETJ), Denton County, Texas; and being located on the East side of HWY 377, South of Frenchtown Road, and South of Argyle s Town limits. Ms. Manglaris presented the staff report and explained the final plat. A representative of the applicant presented the final plat and answered questions from the commission. Discussion was held and Mr. Fields motioned to approve the final plat. Mrs. Griffin seconded the motion. The motion carried unanimously by a vote of Consider and take appropriate action on a final plat (FP ) for Harvest Townside Phase 1, a proposed subdivision on an approximately acre tract of land in the Page 6 of 24

7 Minutes of the March 7, 2017 Argyle Planning & Zoning Commission Page 5 of 5 Patrick Rock Survey, Abstract No. 1063, located in the Town of Argyle s Extra Territorial Jurisdiction (ETJ), Denton County, Texas; and being located on the west side of I-35W, south of Old Justin Road, and west of Argyle s Town Limits. Ms. Manglaris presented the staff report and explained the final plat. Discussion was held and Mr. Spies motioned to approve the final plat. Mr. Holt seconded the motion. The motion carried unanimously by a vote of 6-0. H. FUTURE AGENDA AND ITEMS OF INTEREST 1. Briefing on recent Town Council action on Community Development agenda items. Mr. Jones provided the Commission with recent updates regarding current Community Development items. 2. Project Updates. I. ADJOURNMENT With no further business to attend, the meeting was adjourned at 9:57 p.m. APPROVED THIS THE 4 th DAY OF APRIL, WITNESS: Paul Walker Chairman Matthew C. Jones, AICP Director of Community Development Page 7 of 24

8 PLANNING AND ZONING COMMISSION STAFF REPORT Meeting Date: April 4, 2017 To: From: Subject: Chairman and Members of the Planning and Zoning Commission Matt Jones, Director of Community Development Site Plan Sprinkle Donuts Purpose: Consider and make a recommendation for a Site Plan (SP ) for Sprinkle Donut; being an approximately 1,500 SQ FT donut shop; being described as Original Town of Argyle, Lots 8,9 & 10, Block 8, Town of Argyle, Denton County, Texas. Existing Condition of Property: The property is currently unimproved and is zoned Old Town 1 District (OT-1). The property is mainly open grassy areas and is accessed from HWY 377. Adjacent Existing Land Uses and Zoning: North: OT-1 Old Town 1 District South: OT-1 Old Town 1 District East: OT-2 Old Town 2 District West: HWY 377 Development Review Analysis: The applicant, Jahvani Consulting Engineers, Inc. and property owner, Byang Moo Yoo, are requesting approval of a site plan in order to construct a 1,500 SQ FT donut shop with indoor seating. Consistency with the OT-1 (Old Town 1 District) Zoning: Town staff and the Development Review Committee have reviewed the subject site plan application. Following chart provides site related elements in the Town Development Standards and the applicant s proposed regulations: OT-1 Regulations Proposed Regulations Variance Setback Max 20 0 N/A Parking spaces Building Size Min. 1,500 SQ FT 1,500 SQ FT N/A Min. 20% 7% 13% Landscaping Landscape Buffer 3 street trees 2 street trees 1 street tree Page 8 of 24

9 Infrastructure Adequacy: Water and sanitary sewer facilities are available on site to be extended to this project with sufficient capacity to serve the development. If approved, full civil construction plans for streets, drainage, water and sanitary sewer are required for submission during the permitting and construction plan review. Drainage Analysis: If approved, a detailed engineering review of the drainage and grading plans will be conducted by the Town Engineer at the time of construction plan review. Design Standards: The applicant has proposed a variety of design standards that meet the recommendations of the OT- 1 Zoning District of the Town Development Standards with the following exceptions listed below in the staff recommendations. Staff Recommendation: Town staff forwards this request to you for your consideration with the following recommendations: 1. An additional design feature from Section , Part B, 7 of the Town Development Standards needs to be incorporated into building facade design. 2. Add note that reflective glass is prohibited and all glass shall be non-reflective. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission considered this request at their March 7, 2017 regularly scheduled meeting. Discussion was held regarding the lack of an on-site refuse container. A motion was made to table the item to the April 4, 2017 regularly scheduled meeting in order for the applicant to make the required changes. Attachments: Site Plan Exhibits Page 9 of 24

10 JAHVANI CONSULTING ENGINEERS, INC. SPRINKLE DONUTS LOTS 8,9 & 10, BLOCK 8, ORIGINAL TOWN OF ARGYLE DENTON DENTON COUNTY SPRINKLE DONUTS LOTS 8,9 & 10, BLOCK 8 ORIGINAL TOWN OF ARGYLE DENTON ARGYLE DENTON COUNTY

11 JAHVANI CONSULTING ENGINEERS, INC. SPRINKLE DONUTS LOTS 8,9 & 10, BLOCK 8, ORIGINAL TOWN OF ARGYLE DENTON DENTON COUNTY

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19 PLANNING AND ZONING COMMISSION DATA SHEET Agenda Item: PUBLIC HEARING: Consider and make a recommendation on an ordinance amendment (ORD ) to consider amendments regarding Section B, of the Town of Argyle Town Development Standards regarding minimum lot sizes for sanitary sewer facilities. Requested by: Matt Jones, Director of Community Development Background: Following the processing of a recent preliminary and final plat in the Extraterritorial Jurisdiction in which a variance was approved for a minimum lot size under the minimum 2.5 acres as defined in Section B; Town Staff has initiated this ordinance amendment in order to remove the language in the Town Development Standards (TDS). The language in Section B is as follows: It is the policy of the Town of Argyle that no residential development with lots less than two and onehalf (2-1/2) acres shall be approved unless and until adequate sanitary sewer facilities are provided by the developer to serve the development. Town staff recommends removing the above language and referring to the regulations for sanitary sewer and septic systems in Section Septic Systems and Section Sanitary Sewer. In doing so the Town will refer to the standards of the Texas Commission on Environmental Quality Design Criteria for Sewerage Systems or Construction Standards for Private Sewerage Facilities. Staff Recommendation: Staff recommends approval of appropriate amendments as recommended by the Planning and Zoning Commission. Requested Action: Make a recommendation to Town Council regarding amendments to the subject ordinance. Attachments: Existing Ordinance Language Proposed Ordinance No XX Page 19 of 24

20 Article I. General* Part 1 General SECTION Enactment/Authority These ordinances are adopted under the authority of the Constitution and laws of the State of Texas, including but not limited to, chapters 211 and 212 of the Texas Local Government Code. SECTION Purpose/Policy A. Purpose This Ordinance shall be known and may be cited as the Town of Argyle s Town Development Standards, which regulates zoning, platting, subdivisions, tree preservation, sign regulations, trails and parkland, engineering standards for development and other aspects of development. These ordinances are adopted for the public health, safety and general welfare of the town. They have been designed to lessen and prevent traffic congestion, to ensure adequate light, air and privacy, to secure safety from fire, flood and other dangers, and to prevent the overcrowding of land and undue congestion of population. The ordinances also facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public amenities and requirements... B. Policy It is the intent of the Town of Argyle to encourage and promote quality development within the Town consistent with the rural atmosphere and quality of life. Development proposals shall be reviewed for conformance with the Town plan and development policy and nonconformance shall be deemed sufficient for denial of the development proposal. It is hereby declared to be the policy of the Town of Argyle to consider the subdivision of land and the subsequent development of the subdivided lots as subject to the control of the municipality pursuant to a comprehensive plan of the municipality for the orderly, planned, efficient, and economical development of the municipality. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and land shall not be developed until available public facilities and improvements exist and proper provision has been made for drainage, water, sewage, roadways and capital improvements such as schools, parks, recreation facilities, and transportation facilities and improvements. Page 20 of 24

21 The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the comprehensive plan or adopted development policies, and the capital budget and program of the municipality. It is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, the comprehensive plan, adopted development plans, the zoning ordinance, and the capital improvements program of the Town of Argyle. It is the policy of the Town of Argyle that no residential development with lots less than two and one-half (2-1/2) acres shall be approved unless and until adequate sanitary sewer facilities are provided by the developer to serve the development. Page 21 of 24

22 TOWN OF ARGYLE, TEXAS ORDINANCE NO XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF ARGYLE, TEXAS AMENDING THE ARGYLE CODE OF ORDINANCES BY AMENDING ARTICLE 14, TOWN DEVELOPMENT STANDARDS, SECTION B PURPOSE/POLICY, REGARDING MINIMUM LOT SIZE FOR SANITARY SEWER FACILITIES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Argyle is authorized to regulate various aspects of development within the Town and its extraterritorial jurisdiction; and WHEREAS, the Town of Argyle deems the regulation of development as necessary to protect the health, safety and welfare of the public; and WHEREAS, the Town of Argyle deems the passage of this Ordinance to be in the best interest of the citizens of Argyle. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ARGYLE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Article 14, Town Development Standards, of the Town of Argyle Code of Ordinances is hereby amended by amending Section B Purpose/Policy, regarding minimum lot size for sanitary sewer facilities: SECTION Purpose/Policy..... B. Policy It is the intent of the Town of Argyle to encourage and promote quality development within the Town consistent with the rural atmosphere and quality of life. Development proposals shall be reviewed for conformance with the Town plan and development policy and nonconformance shall be deemed sufficient for denial of the development proposal. Page 22 of 24 Page 1 of 3

23 It is hereby declared to be the policy of the Town of Argyle to consider the subdivision of land and the subsequent development of the subdivided lots as subject to the control of the municipality pursuant to a comprehensive plan of the municipality for the orderly, planned, efficient, and economical development of the municipality. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and land shall not be developed until available public facilities and improvements exist and proper provision has been made for drainage, water, sewage, roadways and capital improvements such as schools, parks, recreation facilities, and transportation facilities and improvements. The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the comprehensive plan or adopted development policies, and the capital budget and program of the municipality. It is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, the comprehensive plan, adopted development plans, the zoning ordinance, and the capital improvements program of the Town of Argyle. It is the policy of the Town of Argyle that no residential development with lots less than two and one-half (2-1/2) acres shall be approved unless and until adequate sanitary sewer facilities are provided by the developer to serve the development. Part 2 Boards and Commissions..... Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 5. If any section, subsection, sentence, clause or phase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. In addition to and accumulative of all other penalties, the Town shall have the right to seek injunctive relief for any and all violations of this ordinance. Section 7. In order to protect the public interest, comfort and general welfare, this ordinance shall take effect immediately from and after its passage. Page 23 of 24 Page 2 of 3

24 PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF ARGYLE, TEXAS, ON THIS THE 25 TH DAY OF APRIL, APPROVED: ATTEST: Peggy Krueger, Mayor Kristi Gilbert, Town Secretary APPROVED AS TO FORM: Matthew C. G. Boyle, Town Attorney Page 3 of 3 Page 24 of 24