HomeMy WebLinkAbout1994 P&Z 1000
MINUTES OF THE PLANNING AND ZONING COI~4ISSION
OF THE CITY OF THE COLONY
HELD ON JANUARY 11, 1994
A REGULAR SESSION of the Planning & Zoning Commission of the City
of The Colony, Texas, was called to order at 7:40 p.m. at City
Hall, 5151 N. Colony Blvd., with the following Members in attendance:
Barbara Crocker Member
Steven Swerdloff Member
Julie Bottke Member
Jim Bogers Member
Carol Chabinak-Ball Chairperson
with Vice-Chairperson Salmon and Member Wagner absent, however,
a quorum was established. Also in attendance were: Bob van Til,
Administrative Staff Planner; Sherry Hutchison, Recording Secretary
in the absence of Kay Corrales; at which time the following items
were discussed:
1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON DECEMBER
14, 1993.
Chairperson Chabinak-Ball opened the meeting with the approval
of the minutes. Member Bottke had two corrections to be made;
1st paragraph, second page where it the minutes repeat themself
and - on page 3 "Presiding" is spelled incorrect.
Member Crocker made a motion to approve the minutes with correc-
tions. Member Bottke seconded. Carried by all ayes.
2. CITIZEN INPUT
None at this time.
3. PUBLIC HEARING, AS REQUESTED BY CENTEX REAL ESTATE CORPORATION
FOR A REPLAT OF BLOCK A, LOTS 1 AND 2, INTO BLOCK A, LOT 2R
OF LAKERIDGE ADDITION, GENERALLY LOCATED ON THE NORTH SIDE
OF HETHERINGTON COURT, WEST OF FM 423.
Chairperson Chabinak-Ball asked Bob van Til if discussion was
going to take place as the representative did not show. Mr.
van Til replied that normally no, but in light of the simplicity
with the case just as well to move ahead with it.
Chairperson Chabinak-Ball read the request by Centex Real Estate
Corporation and then asked for a motion to open the Public
Hearing. Member Bogers made a motion with Member Swerdloff
seconding.
Mr van Til made a few comments to clarify the case. He stated
that normally you would just re-do a replat then it would be
sent to the Commissioners with them either approving or not
but that the difference on this one is its a residential zoned
piece of property.
100i
He said with the law it has to go through a public hearing process
to review the replats and it goes through same process as if rezoning
the property. Notices also go out to anyone within 200 feet of
the property. Mr. van Til said this will go to City Council scheduled
for January 17th next Monday. Mr. van Til then asked if there
were any questions. Member Crocker asked if the other lots would
remain the same. Mr. van Til replied yes. Member Bogers asked
if basically all Centex was asking is to replat this in order to
make it one large lot. Mr. van Til replied yes and went on to
say the reason being, the lots are figured in such a way that their
unable to provide side or rear entry of the driveway to the house
and with a larger lot they can and it doesn't change the over all
use of the property or zoning. Mr. van Til said he gives a favorable
recommendation on the replat.
Member Bottke made a motion to close the Public Hearing. Member
Crocker seconded. Carried by all ayes.
4. REVIEW AND RECOMMENDATION OF A REQUEST BY CENTEX REAL ESTATE
CORPORATION FOR A REPLAT OF BLOCK A, LOTS 1 AND 2, INTO BLOCK
A, LOT 2R OF LAKERIDGE ADDITION, GENERALLY LOCATED ON THE NORTH
SIDE OF HETHERINGTON COURT, WEST OF FM 423.
There was a short discussion on the replating. Chairperson
Chabinak-Ball asked if there were any additional comments. With
none she asked for a recommendation. Member Swerdloff motioned
to recommend acceptance of Centex's request to replat. Member
Bottke seconded. Carried by all ayes.
5. REVIEW AND RECOMMENDATION OF A SITE PLAN FOR KEN'S QUICK MART
LOCATED AT 7420 MAIN.
Chairperson Chabinak-Ball asked if anyone had questions. Member
Crocker said she didn't understand why this had to come before
them stating it wasn't actually a different location. She
asked if the old building would still be in place when starting
on Phase I. Mr. van Til replied yes that they would build
the 1st phase and after its completion they would tear down
the old building and start Phase II and then Phase III. He
said since they have to demolish the old building and build
the other building different it needs to go through the site
planning process.
Member Bogers asked Mr. van Til if they were going to use the
existing underground tanks. Mr. Snider architect and representative
of the project, replied yes.
Member Bogers asked Mr. smider how far the building was being
moved. Mr. snider replied 50 feet.
Mr. van Til discussed the three phases of the project from
the Memorandum he forwarded to the Commissioners and mentioned
that the landscaping was going to slide up into Phase II not
needing the Performance Bond.
Pg 2
1002
Chairperson Chabinak-Ball asked for recommendation on the site
plan. Member Bottke made a motion that the site plan be approved
as submitted. Member Crocker seconded. Carried by all ayes.
6. WORK SESSION WITH SOUTHWESTERN BELL REGARDING DEVELOPMENT OF
A CELLULAR TOWER IN THE COLONY.
Bob van Til introduced Peter Kavanagh who presented video tapes
and slides and discussed the system including distances between
poles, antennas, and how the system is growing. Mr. Kavanagh
handed out some booklets he had put together.
Mr. van Til then said he had contacted people in Plano and
Carrollton on some studies they had made and asked the Commissioners
to set a time in which to meet and discuss it. They agreed
to meet at 7:00 p.m. January 18th.
Chairperson Chabinak-Ball then thanked Mr. Kavanagh for his
Work Session.
7. OTHER BUSINESS
A. CHAIRPERSON AND VICE-CHAIRPERSON
Bob van Til reminded the Commissioners of the date to re-elect
Chairperson and Vice-Chairperson on January 25, 1994.
B. 1994 BOARD AND COMMISSIONERS BANQUET
It will be on Sunday the 23rd of January not on the 22nd.
Chairperson Chabinak-Ball entertained a motion to adjourn. Member
Swerdloff made a motion to adjourn. Member Bottke seconded. Carried
by all ayes.
The meeting adjourned at 8:50 p.m.
Carol Chabinak-Ball, Chairperson
ison, Recording Secretary
Pg 3
1004
MINUTES OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON JANUARY 25, 1994
A REGULAR SESSION of the Planning & Zoning Commission of the City
of The Colony, TeXas, was called to order at 7:40 p.m. at City
Hall, 5151 N. Colony Blvd., with the following Members in atten-
dance:
Carol Chabinak-Ball Chairperson
Barbara Crocker Member
Steven Swerdloff Member
Jim Wagner Member
Julie Bottke Member
with Member Bogers, and Vice-Chairperson Salmon absent, however,
a quorum was established. Also in attendance were: Bob van Til,
Administrative Staff Planner; Tom Cravens, Director of Public
Works; Kay Corrales, Recording Secretary; at which time the
following items were discussed:
1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON
JANUARY 11, 1994.
With two spelling corrections noted, Member Crocker made a
motion to approve the minutes. The motion was seconded by
Member Swerdloff, the motion carried with all Members voting
aye.
2. CITIZEN INPUT
None at this time.
3. REVIEW AND RECOMMENDATION OF A SITE PLAN FOR AN OFFICE BUILDING
LOCATED ON THE SOUTHEAST CORNER OF COUGAR ALLEY AND FM 423.
Bob van Til stated that the property is located at the southeast
corner of Cougar Alley and FM 423. The property is zoned GR
and has not been platted yet, but will be prior to any permit
being issued. This site consists of one-half acre and will have
a building with approximately one quarter of it being 2 story.
The site plan has gone through staff review and meets the
criteria and therefore staff forwards a favorable recommendation.
There was general discussion about the size and use of the
building and to how Phase II would be incorporated.
Member Crocker inquired about the drainage.
With no further questions or comments, Member Crocker made a
motion to approve the site plan, with Member Bottke seconding.
The motion carried with all Members voting aye.
4. REVIEW AND RECOMMENDATION OF A FINAL PLAT, FOR STEWART PENINSULA
SOUTHSHORE ADDITION PHASE I, GENERALLY LOCATED SOUTH OF THE
INTERSECTION OF ETHRIDGE DRIVE AND N. COLONY BLVD.
Bob van Til stated that this is a final plat for Phase 1 of
2 phases for a small development south of Ethridge Dr. and N.
Colony Blvd.. The rezoning of the 40 acres was in November,
1993. This phase will have 48 lots on 16 acres. As a result
of preliminary platting, several items were carried forward:
1005
1. Addition of the southern half of N. Colony Blvd. along
the extent of the new subdivision's boundaries(adding
the other half of the 80' ROW/48' pavement road - started
with the Ethridge Elementary School construction).
2. Improvements to the intersection of N. Colony & FM 423:
a. north bound left turn from FM 423 onto N. Colony
b. east bound right turn from N. Colony onto FM 423
Also provide landscaping at primary entrance as well as extension
of Avocet Way to provide a 2nd access and 15% of the lots allow
front entries.
The final plat has gone through the staff review and does meet
all the criteria and staff forwards a favorable recommendation.
The outstanding issue of the drainage has been addressed by
Tom Cravens and the residents of Holden Circle. Tom Cravens,
Director of Public Works and the engineers"are here to answer
any questions you may have about the drainage.
Truman Edminster, of Carter and Burgess, stated that they have
extended Avocet Way for a 2nd entrance and will build improve-
ments on N. Colony. The current drainage stops at Holden Circle.
We intend to place rip rap in the existing channel and this will
flow into a 6' x 6' culvert, and then into the lake, this will
increase the flow by approximately 30%. In talking with the
Reddens, this seems to meet with their approval.
Member Crocker wanted to know when the improvements on N. Colony
would take place in Phase I.
Truman Edminster stated that the work would begin in Phase I
and continue in Phase II.
Bob Redden
#8 Holden Circle
They have met with us earlier in December and have taken care
of everything we had a problem with. We represent the neighbors
and we have no problem with the development and do not oppose it
in any way. They have our complete support.
Member Swerdloff had a concern about the heavy equipment and
the safety of the school children on the ingress and egress
from the site.
Mr. Edminster stated that they would leave the issue to the
city as to which entrance to use for in and out.
Rusty Nichols wanted to know about them leasing the city land.
Since they would be making landscaping improvements - wanted
to be able to have someone to maintain it.
Bob van Til stated he did not have an answer right now, but
he would have one for him before the City Council meeting.
With no further questions or comments, Member Bottke made a
motion to approve the final plat. Member Crocker seconded
and the motion carried with all Members voting aye.
5. NOMINATIONS AND ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON.
Member Crocker nominated Julie Bottke for Chairperson. Member
Swerdloff seconded and the motion carried unanamously.
Member Crocker nominated Carol Chabinak-Ball for Vice-Chairperson.
Member Bottke seconded and the motion carried unanamously.
6. OTHER BUSINESS
Ken's Quick Mart passed through City Council.
The replat on merging the two lots was approved.
The cellular tower committee has not selected a date for a meeting.
With no further business to discuss, the meeting adjourned at 8:05 p.m.
Carol Chabinak-Ball, Chairperson Kay ~or~ales, Recording Secretary
100
MINUTES OF THE PLANNING AND ZONING CO~MISSION
OF THE CITY OF THE COLONY
HELD ON FEBRUARY 8, 1994
A REGULAR SESSION of the Planning and Zoning Commission of the City
of The Colony, Texas, was called to order at 7:43 p.m. at City Hall,
5151 N. Colony Blvd., with the following Members in attendance:
Julie Bottke Chairperson
Barbara Crocker Member
Steven Swerdloff Member
Jim Wagner Member
with Member Bogers, Member Salmon and Vice-Chairperson Chabinak-Ball
absent, however, a quorum was established. Also in attendance were:
Bob van Til, Administrative Staff Planner; Kay Corrales, Recording
Secretary~ at which time the following items were discussed:
1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON JANUARY
25, 1994.
With no corrections, Member Crocker made a motion to approve the
minutes with Member Swerdloff seconding, the motion carried with
all Members voting aye.
2. CITIZEN INPUT
None at this time.
3. RECEIVE A REPORT FROM THE CELLULAR TELEPHONE TOWER COMMITTEE RE-
GARDING CELLULAR TELEPHONE TOWER REGULATIONS.
Bob van Til stated that for the last couple of months we have
talked about the regulations for telephone towers. We put to-
gether a committee to evaluate and to research the actions of
other cities around us. Steven Swerdloff and Jim Bogers met
at City Hall and went over the existing regulations. We saw a
need to make recommendations to the Commission and ultimately
to the City Council as to what the regulations needed to be.
We have only two sections of the zoning code that apply to
cellular telephone towers: one of which is 10-200, schedule of
uses, definition %24 - "telephone exchange, switching and trans-
mitting telephone service but not including business office
facilities, storage or repair shops or yards". This use is
allowed in the agricultural district and all non-residential
districts and requires a SUP in all residential districts as
well as the BP district. And 12-102 "special height restric-
tions'' - in the later half of the section it states: "Water
stand pipes and tanks, church steeples, domes and spires and
school buildings and institutional buildings may be erected to
exceed two (2) stories in height, provided that one (1) addi-
tional foot shall be added to the width and depth of side and
rear yards for each foot that such structures exceed two (2)
stories in height." We need to discuss whether this applies
to the cellular telephone tower or not, it is difficult to
determine because it doesn't say tower, it says spire. Spire
is about the only thing that could apply to a tower. We dis-
cussed the regulations of other cities and came up with 6
criteria necessary:
1003
1. No free standing cellular telephone towers are allowed in
any residential zoning districts.
2. A SUP is required for a mounted telephone tower on an exist-
ing water tower or other structure in any residential zone,
if the telephone tower exceeds ten (10) feet in height.above
the top of the water tower or other structure).
3. Free standing and mounted telephone towers are allowed in
all non-residential zones.
4. No free standing telephone tower can exceed 130'.
5. Adjacency slopes is: if the free standing telephone tower
exceeds 30 feet in height, an additional one (1) foot shall
be added to the side and rear yards for each foot that such
structure exceeds 30 feet in height(irregardless of whether
it is adjacent to residential or commercial property).
6. All FCC and FAA rules must be met.
I have suggested a way to change the existing code to add the
regulations we discussed on Saturday.
There was a lengthy discussion about if a 1:1 slope would allow
enough of a setback.
There was some discussion to have anyone wishing to place a
mounted antenna adjacent to residential zoning would need a
SUP. The criteria is for safety and aesthetics.
After a lengthy discussion the following was decided upon:
1. A. The "adjacency slope or ratio" must be 1:1. In other words,
the tower must be one foot from the rear and side yards for
every foot the tower is high. For example: a 100 foot tower
must be 100 feet away from the side and rear property lines.
B. The 1:1 adjacency ratio also applies to mounted antenna
on other structures (such as water towers) or buildings.
For example: if the building on which the antenna is to be
placed is twenty feet from the property line, the antenna
can not exceed 20 feet in height (measured from the top of
the building or structure, to the top of the antenna). If
the tower must be taller than what is allowed, the applicant
can request a variance from the Board of Adjustments and Appeals.
2. A. A Specific Use Permit(SUP) is required for mounted towers
if it is proposed for a residential zone.
B. If a mounted or free standing tower is proposed within
100 feet of a residential zone, a SUP is required also.
3. No free standing towers allowed in residential zones.
4. All mounted antenna require a SUP in all residential zones.
5. Free standing towers require a site plan.
6. No free standing tower or mounted antenna can exceed 130
feet in height. If the proposed height exceeds 130 feet,
a SUP must be obtained.
7. A free standing tower, outside of the 100 foot "buffer"
adjacent to residential zoning does not require a SUP;
only a site plan.
8. All FCC and FAA requirements must be met.
1010
Bob van Til stated the Public Hearing process would be next,
then go to Council.
4. REVIEW AND RECOMMENDATION OF A SITE PLAN FOR A CELLULAR TELE-
PHONE TOWER LOCATED ON THE NORTH SIDE OF S. COLONY BLVD., APPROXI-
MATELY 200 YARDS EAST OF PAIGE ROAD AS REQUESTED BY SOUTHWESTERN
BELL.
Bob van Til stated that the site is located behind Larry's Family
Restaurant on S. Colony about 550 feet from Paige Road. There
are only two regulations in our codes that pertain to cellular
towers: Definition ~24 - "telephone exchange switching and trans-
mitting equipment only" and the height regulation in Section
12-100. In reviewing these regulations, we were not quite sure
if spire would apply in this case. Other than that Southwestern
Bell has complied with my comments. They have moved the tower
to the south and to the west from its current location.
A short recess was held at 9:00 ~.m.
The meeting resumed with a discussion about the definition of
a spire. The concensus of the Commissioners was that the tele-
phone tower was not a spire.
With no further discussion or questions, Member Crocker made a
motion to approve the site plan. Member Wagner seconded and
the motion carried with all Members voting aye, with the ex-
ception of Member Swerdloff who abstained.
With no further business to discuss, Member Swerdloff made a motion
to adjourn, Member Crocker seconded and the motion carried with all
Members voting aye. The meeting adjourned at 9:30 p.m.
J~e ~Bottk~e; Chairperson ~ay7 Co~l~s,- Recording Secretary
MINUTES OF TKO. PLANNING AND ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON MAY 10, 1994
A REGULAR SESSION of the Planning & Zoning Commission of the City
of The Colony, Texas, was called to order at 7:35 p.m. at City
Hall, 5151 N. Colony Blvd., with the following Members in atten-
dance:
Julie Bottke Chairperson
Jim Bogers Member
Steven Swerdloff Member
Jim Wagner Member
Barbara Crocker Member
with Member Salmon and Vice-Chairperson Chabinak-Ball absent, how-
ever, a quorum was established. Also in attendance were: Tom
Cravens, Director of Public Works; Kay Corrales, Recording Secre-
tary; at which time the following items were discussed:
1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON MARCH
8, 1994.
With one correction on the Project Update: change site plan
approval on AME Church to zoning approval and the spelling
of the name of Barbara Crocker's daughter's name from Casey
to Kayce. Member Crocker made a motion to approve the minutes
with Member Wagner seconding, the motion carried with all Mem-
bers voting aye.
2. CITIZEN INPUT
None at this time
3. REVIEW AND RECOMMENDATION OF A SITE PLAN FOR THE CORNERSTONE
A.M.E. CHURCH, LOCATED NORTH OF THE INTERSECTION OF N. COLONY
BLVD. AND MORNINGSTAR DRIVE, CONTAINING APPROXIMATELY 2.47
ACRES.
Rick Martin, architect for the A.M.E. Church, stated that the
building is a little over 4200 sq. ft, seats approximately
100 people and has 27 parking spaces.
Tom Cravens stated that staff reviewed the site plan and the
few changes they requested have been made. The site plan
meets city codes and therefore, staff recommends approval of
the site plan.
Chairperson Bottke asked if a solid white line could divide
the lanes, preventing any passing in front of the church.
Tom Cravens stated that it has to be buttons. Can't prevent
traffic from changing lanes on a major thoroughfare. We don't
foresee any traffic problems.
Member Wagner questioned if 27 parking spaces was adequate
for that size building.
Tom Cravens replied that it does meet the city's requirements.
Member Swerdloff suggested signage stating one way drive on
the east drive "entrance only".
After further discussion it was decided that a "NO U TURN"
sign would be placed at the first median opening on both
sides.
With no further questions or comments, Member Crocker made
a motion to approve the site plan. Member Swerdloff seconded
and the motion carried with all Members voting aye.
Tom Cravens gave the following information to the Commissioners:
1. A seminar at COG this Friday.
2. A worksession with Council on May 23 at 7:30 p.m. concerning
the land west of Ethridge.
3. Decided to wait until after worksession to have Public Hearing
on June 7.
4. Need to start working on the thoroughfare plan.
5. Carol Ball has turned in her resignation, the Council will
vote on Monday night.
With no further business to discuss, the meeting was adjourned
at 8:05 p.m.
Bottke, Chairperson Kay Cor~les,-Recording Secretary
MINUTES OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON JUNE 7, 1994
A REGULAR SESSION of the Planning and Zoning Commission of the City of
The Colony, Texas, was called to order at 7:38 p.m., at City Hall,
5151 N. Colony Blvd., with the following Members in attendance:
Jim Bogers Member
Steven Swerdloff Member
Julie Bottke Chairperson
Jim Wagner Member
Barbara Crocker Member
with Member Salmon absent, however, a quorum was established. Also
attendance were: Tom Cravens, Director of Public Works; Kay Corrales,
Recording Secretary; at which time the following items were discussed:
1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON MAY
10, 1994.
With no corrections, Member Wagner made a motion to approve the
minutes. Member Swerdloff seconded, the motion carried with all
Members voting aye.
2. CITIZEN INPUT
None at this time.
3. PUBLIC HEARING, AS REQUESTED BY STEWART PENINSULA DEVELOPMENT
PARTNERS TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND THE
ZONING MAP OF THE COLONY, TEXAS, TO REFLECT A REZONING FROM
AGRICULTURAL TO PLANNED DEVELOPMENT(SINGLE FAMILY) FOR THE
FOLLOWING PARCELS OF LAND: B.B.B. & C.R.R. SURVEY, ABSTRACT #18],
SAMUEL CHOWNING SURVEY, ABSTRACT #244, THE R.G. DUNLOP SURVEY,
ABSTRACT #352 AND THE PATRICK O'LEARY SURVEY, ABSTRACT #978 IN THE
CITY OF THE COLONY, DENTON COUNTY, TEXAS. GENERALLY LOCATED NORTH
OF N. COLONY BLVD. AND WEST OF EHTRIDGE DRIVE AND CONTAINING
193.476 ACRES OF LAND.
Member Crocker made a motion to open the Public Hearing, with
Member Wagner seconding. The motion carried with all Members
voting aye.
Truman Edminster of Carter & Burgess, representing the Stewart
Peninsula Development Partners, wanted to point out some of the
things amended. We are working with LISD to do some land
swapping, to al]nw them to expand the school as necessary. We
will be making improvements at the intersection of N. Colony and
Main. These will include a free right hand turn from N. Colony
onto Main St. and Main St. will have a double ]eft hand turn onto
N. Colony. The main entry wi. ll be a collector street. N. Colony
will be widened to a 4 lane undivided roadway adjacent to the
school. Once the road ].s past the school, the road will be
d~vided with landscaped medians. The main entrance into the
property wi]] be located west of Ethridge School to alleviate
traffic congestion around the school and the majority of traffic
w~]] not be on Ethridge. There will be two entrances onto
Ethridge, one at Newton and one at Fryer. These openings will be
located at these locations since Newton and Fryer are collector
streets. It is desireable not to open traffic at the residential
streets east of Ethridge. The only trees on the site are in the
southwest parcel. There is a large stand of trees and as many
trees possible will be saved. In area B3, no alleys are placed in
order to further save the trees. In Cl, we will be building 2
levels of homes, both will have a view of the lake. If we have to
build a private drive to these homes, it will be subject to site
plan approval.
In CD2 & D1 we have increased the square footage to 1600 sq. ft.
One of the other issues was to lower the number of lots, we have
brought down from 870 to 750 lots from the original zoning of the
property.
Member Bogers wanted to know how far back they would widen 423 for
the 2 left turns.
Mr. Edminster stated that the extra lane would be taken out of
the median.
Tom Cravens said they will probably make the stacking lane longer
than it is now.
Jim Muir
4108 Driscoll
Mr. Muir stated that his main concern was traffic.
There was a short discussion on the free right hand turn on N.
Colony and the 2 left turn lanes on 473.
Jim Diebol, representing the Johnson Family, stated that he was in
favor of the zoning.
With no further questions or comments, Member Crocker made a
motion to close the Public Hearing. Member Bogers seconded and
the motion carried with all Members voting aye.
4. REVIEW AND RECOMMENDATION OF A REQUEST FROM STEWART PENINSULA
DEVELOPMENT PARTNERS TO REZONE THE FOLLOWING PARCELS OF LAND:
B.B.B. & C.R.R. SURVEY, ABSTRACT #181, SAMUEL CHOWNING SURVEY,
ABSTRACT ~244, THE R.G. DUNLOP SURVEY, ABSTRACT #352 AND THE
PATRICK O'LEARY SURVEY, ABSTRACT ~978 IN THE CITY OF THE COLONY,
DENTON COUNTY, TEXAS, FROM AGRICULTURAL TO PLANNED DEVELOPMENT
(SINGLE FAMILY).
Member Crocker made a motion to approve the request to rezone the
property. Member Bogers seconded and the motion carried with all
Members voting aye.
5. REVIEW AND RECOMMENDATION OF THE THOROUGHFARE PLAN FOR THE CITY OF
THE COLONY.
Tom Cravens stated that the current Thoroughfare Plan map of the
Colony needs to be changed. The old plan shows a road along the
]akefront south of N. Colony all the way to the Southshore
Development. We decided to take the road off the map, therefore,
we have to officially delete it from the Thoroughfare Plan. The
other area to the east, used to be IBM property, never showed a
thoroughfare through the tract. As everyone is aware, this tract
has been sold to Dal Mac. We have shown the Thoroughfare Map to
Dal Mac and they agree with the placement of the roads. One thing
not shown is Newton as a co]lector street. This was an oversight
and will be corrected. Tom Cravens recommended that we revise
the Thoroughfare Plan Map to cover these two changes.
Member Swerdloff made a motion to accept the revisions shown on
the Thoroughfare Plan Map. Member Crocker seconded and the motion
carried with all Members voting aye.
6. DISCUSSION OF GUIDELINES FOR PLANNING AND ZONING COMMISSIONERS
Tom Cravens stated that the Commissioners have the guidelines to
review. The City Council will be interviewing for new P&Z Members
next week. Jim Bogers turned in his resignation tonight,
effectively immediately.
Some of the Commissioners had not received the guidelines and a
short recess was cai]ed at 8:55 p.m.
The meeting resumed at 9:07 p.m.
There was a discussion about alternates; that P&Z Members should
have to attend COG classes.
Chairperson Bottke asked the Commissioners if the Chairperson or
Vice-Chairperson should attend Council meetings, to represent P&Z.
Tom Cravens stated that he would talk to the City Manager about
this. He would also check with other cities to see if they
required their P&Z Commissioners to attend classes.
Member Bogers made a motion to send a certified letter to Member
Salmon requesting a response as to why he has missed meetings or
that he tender his resignation before the next regular session.
Member Crocker seconded and the motion carried with all Members
voting aye.
7. ELECTION OF A VICE-CHAIRPERSON
Member Crocker made a motion to elect Jim Wagner. Member Bogers
seconded and the motion carried with all Members voting aye.
With no further business to discuss, the meeting adjourned at 9:40
p.m.
J~_f~ie Bottke, Chairperson Kay Recording Secretary
MINUTES OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON JULY 26, 1994
A REGULAR SESSION of the Planning and Zoning Commission of the City of
The Colony, Texas, was cai]ed to order at 9:00 p.m., at City Hall.,
5151 N. Colony Blvd., with the following Members in attendance:
Ly]e Hilyard Member
Steven Swerdloff Member
Jim Wagner Vice-Chairperson
Cindy DePrater Member
Barbara Crocker Member
with Member Franklin and Julie Bottke, Chairperson, absent, however, a
quorum was established. Also in attendance were: Tom Cravens,
Director of Public Works; Kay Corra]es, Recording Secretary; at which
time the following items were discussed:
The Commission decided to discuss item 3 first.
?. REVIEW AND RECOMMENDATION OF A SITE PLAN FOR THE GUARANTY NATIONAL
BANK, LOCATED AT DAILY AND FM 423, CONTAINING APPROXIMATELY 1.983
ACRES.
Tom Cravens stated that the staff met with the developer of the
tract and several comments were made and all the changes have been
taken care of, therefore, the staff recommends approval.
Lynn Turner, President of GNB stated they will be a full service
bank, with 6 drive-in lanes and w]]] work with the community on
banking hours.
Tom Cravens stated that the developers added some land and this
will have to be replatted. The public hearing
With no further questions or comments, Member Crocker made a
motion to approve the recommendation, with Member Swerd!off
seconding the motion° The mot]on carried with ali Members voting
aye.
]. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON JUNE
]0, ]994.
One correct]on was made, needed to change Member Wagner to
Vice-Chairperson on minutes. Member Crocker made a motion to
approve the minutes. Member Swerd]off seconded, the motion
carried with ali Members voting aye.
?. CITIZEN INPUT
None at this time.
W~th no further bus,ness to discuss the meeting was adjourned at 9:]5
p.m.
,7u]ie Bottke. ChaJrmersnn ~,~ ~ p~n~;~ e
MINUTES OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON AUGUST 9, 1994
A REGULAR SESSION of the Planning and Zoning Commission of the City of
The Colony, Texas, was called to order at 7:32 p.m., at City Hail, 5151
N. Colony Blvd., with the fo]lowing Members in attendance:
Ly]e Hi]yard Member
Julie Bottke Chairperson
Jim Wagner Vice-Chairperson
Cindy DePrat~r Member
Barbara Crocker Member
George Frank]in Member
with Member Swerdloff absent, however, a quorum was established. Also
in attendance were: Mike Lynch, Council ]~aison; Tom Cravens, Director
of Public Works; Kay Corrales, Recording Secretary; at which time the
following items were discussed:
1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON JULY 26,
1994 .
With no corrections, Vice-Chairperson Wagner made a mot]on to
approve the minutes. Member gilyard seconded and the motion
carried with ali Members voting aye.
2. CITIZEN INPUT
None at this time.
3. PUBLIC HEARING, AS REQUESTED BY GUARANTY NATIONAL BANK FOR A REPLAT
OF CENTRE ADDITION NO. 1, CONTAINING 1.983 ACRES, GENERALLY LOCATED
ON THE NORTHEAST CORNER OF FM 423 AND DAII.Y STREET.
Vice-Chairperson Wagner made a motion to open the Public Hearing,
with Member Hi]yard seconding and the mot]on carried.
Tom Cravens stated that the Planning and Zonir~ Commission approved
the site plan recently. On the original plat, Daily Drive was not
dedicated. Daily Drive will be dedicated by Guaranty National Bank
and will extend Daily Drive. The rep]at has been reviewed by staff
and meets all city requirements.
Mike Lynch
4921 Roberts
I have some questions about Daily Drive. Will it extend to the
of the plat and will it extend to any ot~]er roadway in the future?
Tom Cravens stated that there are no plans tn the future to extend
Daily Drive.
With no further questions or comments, Member DePrater made a
mot]on to close the public hear)rig. Vice-Chairperson Wagner
seconded and the motion carried.
4. REVIEW AND RECOMMENDATION OF A REQUEST BY GUARANTY NATIONAL BANK
FOR A REPLAT OF CENTRE ADDITION NO. ], GENERALLY LOCATED ON TH~
NORTHEAST CORNER OF FM 423 AND DAILY DRIVE.
Member Hilyard wanted to know if Daily Drive meets city code.
Tom Cravens stated that when the road was built it met city
standards. It is 27 feet wide and will accomodate traffic.
Member Crocker made a motion to approve the request for a replat.
Member Franklin seconded and the motion carried with ali Members
voting aye.
5. PUBLIC HEARING AS REQUESTED BY TRIPLE A OIL CO. INC., THAT THE
COMPREHENSIVE ZONING CODE AND THE ZONING MAP OF THE CITY OF THE
COLONY, TEXAS, BE AMEMDED SO AS TO GIVE A SPECIFIC USE PERMIT TO
SELL BEER AND WINE AT THE SOUTHEAST CORNER OF FM 423 AND S. COLONY
BLVD., 4920 MAIN STREET, THE COLONY, TEXAS.
Vice-Chairperson Wagner made a motion to open the public hearing.
Member DePrater seconded and the motion carried.
Tom Cravens stated that the property used to be Stop-n-Go. Triple
A 0]1 Co. purchased the building and is remodeling for a
convenience store with gas sales. Stop-n-Go's original SUP has
expired. Triple A Oil Co. has to request a SUP to sell beer and
wine. Notices were sent to property owners within 200' of the
property. One notice came back in favor of the SUP.
Jim Woodson of Triple A 0]] Co., stated that they do not have an
opening date at the present time. They are not a large company and
prefer to remodel when they accumulate funds instead of borrowing
the money. That makes remodeling go a little slower than other
companies.
Mike Lynch
4921 Roberts
The owner touched on the issue, the SUP should be contingent on an
opening date. There has been no sign of activity, we need a
definite schedule.
There was a short discussion on how much time to give Triple A Oil
Co. before they would have to ask for an extension of their SUP.
with no further questions or comments, Member DePrater made a
motion to close the public hearing. Member Hilyard seconded and
the motion carried.
6. REVIEW AND RECOMMENDATION ON THE REQUEST BY TRIPLE A OIL CO. INC.,
TO AMEND THE COMPREHENSIVE ZONING CODE AND THE ZONING MAP OF THE
CITY OF THE COLONY SO AS TO GIVE A SPECIFIC USE PERMIT TO SELL BEER
AND WINE AT 4920 MAIN STREET, THE COLONY, TEXAS.
The discuss]on continued as to how long the SUP would be good for,
before they would have to come back to Planning and Zoning and ask
for an extension. The $100 fee would be waived.
After further discussion, Member Crocker made a mot]on to approve
the SUP contingent upon the business be open and operating by
December 3], 1994, if they are not open, they wilt have to come
back to Planning and Zoning and ask for an extension of their S~!P.
Member DePrater seconded and the motion carried with ail Members
voting aye.
With no further business to d~c,.]ss the meeting adjourned at 7:55
p.m.
//J<~lie Bottke, Chairperson Kay ~orr~es, Recording Secretary
MINUTES OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON AUGUST 23, 1994
A REGULAR SESSION of the Planning and Zoning Commission of the City of The
Colony, Texas, was called ~o order at 7:35 p.m., at City Hall, 5151 N.
Colony Blvd., with the following Members in attendance:
Lyle Hilyard Member
Julie Bottke Chairperson
Jim Wagner Vice-Chairperson
Cindy DePrater Member
Barbara Crocker Member
George Franklin Member
Steven Swerdloff Member
with all Members present, a quorum was established. Also in attendance
were: Mike Lynch, Council liaison; Tom Cravens, Director of Public Works;
Kay Corrales, Recording Secretary; at which time the following items were
discussed:
1. APPROVAL OF THE MINUTES FROM THE REGULAR SESSION HELD ON AUGUST 9,
1994.
With no corrections, Vice-Chairperson Wagner made a motion to approve
the minutes. Member Crocker seconded and the motion carried with all
Members voting aye.
2. CITIZEN INPUT
None at this time.
3. PUBLIC HEARING, AS REQUESTED BY IBM CORPORATION TO AMEND THE
COMPREHENSIVE ZONING CODE AND THE ZONING MAP OF THE COLONY, TEXAS, TO
REFLECT A REZONING FROM BUSINESS PARK AND INDUSTRIAL TO PLANNED
DEVELOPMENT FOR MIXED USES FOR THE FOLLOWING PARCELS OF LAND: B.B.B. &
C.R.R. CO. SURVEY, ABSTRACT NO. 172, 173, AND 174, R.P. HARDIN SURVEY,
ABSTRACT NO. 611, WILLIAM A. BRIDGES SURVEY, ABSTRACT NO. 112 AND THE
M.D.T. HALLMARK SURVEY, ABSTRACT NO. 570, IN THE CITY OF THE COLONY,
DENTON COUNTY, TEXAS. GENERALLY LOCATED NORTH AND SOUTH OF HWY 121
BETWEEN PAIGE ROAD AND BURLINGTON NORTHERN RAILROAD, CONTAINING
APPROXIMATELY 1100 ACRES.
Member Swerdloff made a motion to open the Public Hearing, with Member
Crocker seconding and the motion carried.
Richard Ferrara, architect for Dal Mac gave a slide presentation on
other developments they have done, the type of landscaping they planned
on putting in, the different styles of business buildings, homes, and
apartments they would like to build. He showed where the new
elementary and new middle school would be located, as well as the water
tower location, and the community facility location.
Mr. Ferrera stated that they do not like to put up fences, but like to
add additional landscaping. The homes would start at $125,000 and up.
I would like to suggest that every time the complex is sold, that a
new Certificate of Occupancy be required.
Member Hilyard asked Mr. Ferrera if he intends to build homes on Tract
D, where the schools are located?
1
Mr. Ferrera replied that no, we have no intention of building homes on
that tract. There is a total of 23 acres set aside for the schools.
Doug Lipscomb
5528 Gates
! live on the north side of the tract, 10 houses down, no one actually
received notices. ! am concerned about Multi-Family, if this is
approved, I would like for the citizens to vote on whether we have
Multi-Family or not. Business Park is good, but we still need WWTP
that is larger than is planned - more water, police, etc. Does the
city realize what is needed.
Joe Agnew
5301 Nash
I'm excited to see Dal Mac come forth with plans. ! have a concern
about taking the largest piece of property in The Colony and working on
rezoning. I have concerns about the MF dwellings, limited retail and
the fact that the city normally only sends out notices to property
owners within 250'. This will impact the city as a whole, all the city
needs to know. We need a worksession with the City Council, the
economic development committee and the developer, to come up with the
optimal land use. ! would like to see a time scale. Get more citizens
involved as to where we are taking this city.
Robert Kovacs
7000 Sample
I'm concerned about the valuation of my property. The caliber of homes
to be built behind our property is fine. My only concern is the MF
behind my home, don't know if it will affect the value of my property.
Other than that, ! have no objection to the rezoning as proposed right
now.
Irene Pascar
6708 Matson
I don't like the whole thing. My neighbors and I moved to The Colony
to get away from this kind of stuff. We are against apartments -
always gets run down. A $135,000 home across the street will help my
property value. What will the taxes be, what about water, wastewater,
roads and crime will go up. I don't like the progress ya'll are
pushing.
Sanford Calef
5648 Painter
! was pessimistic until ! saw this presentation carried out. If this
is done as presented, I have no problem. I also moved here to get away
from Dallas. The land will be developed sooner or later. Will the --
tracts marked SF be only for SF exclusively. Will they build
apartments first, no one will want to buy a home by apartments or a
railroad track.
Mary Watts
7008 Sample
I was born & rai~ed in Dallas,~2_have known of Dal Mac for a long time.
All real estate agents have a high regard for Dal Mac. In the
beginning The Colony was known as F&J's folley. If Dal Mac comes in,
the perception will change overnight. This will help our property
values, love to see businesses start in The Colony. We need MF housing
so our children don't have to move to Dallas and be subjected to what
we moved here to get away from. I knew about this for quiet some time
through the newspaper. The community has been notified in one way or
another. I am 100% for the project and 110% for Dal Mac doing it.
Danna Jackson
I need to know what the advantages would be as far as property values
and taxes. And what the disadvantages would be. I want to know if
they already know what companies will be here. You can answer me now
or get back to me.
Chairperson Bottke stated that we have a consultant working with us and
he will have a report available in the near future.
John Mitchell
4301 Queen
The consultant you have now is going to be doing what?
Tom Cravens stated that Mr. Robert Reeves, a zoning consultant, is
going to look over Dal Mac's presentation and make a report and
recommend what the city should do about the rezoning.
John Mitchell suggested that the Commission wait until the report is
finished before making any recommendations.
Sharon Jones
5853 Baker
There was not enough information mailed nor enough information
presented here tonight. I don't want Morningstar as a thoroughfare to
121. It is very unfair to hand this out - need more discussion on
this.
Danna Jackson asked if IBM would be moving into the park.
Chairperson Bottke stated no, IBM owns the land and Dal Mac will
develop it.
Danna Jackson asked if there would be any type of chemicals or
radiation in the business park.
Chairperson Bottke replied that the business park would have
environmental concerns and that Dal Mac and the city would have
control.
Tom Cravens stated that this is a proposed rezoning of property. The
Commission makes a recommendation to City Council and City Council will
have a public hearing and if approved, the development would come back
with plats and site plans for each separate plat. This is the process
the developer goes through. Every stage goes through Planning and
Zoning Commission and the City Council.
--3--
Chairperson Bottke stated that the Planning and Zoning Commission makes
recommendations based on citizen input and information provided by the
consultant and city staff. Our recommendation then goes to City
Council. City Council then has a public hearing and then makes their
final recommendation.
Tom Cravens stated that the recommendation will go to a public hearing
before City Council and will be publicized in the newspaper as this
meeting was.
Donna Lipscomb
5528 Gates
Can't put a stop on building, but I don't think we need Multi-Family.
! am interested in knowing when you received your consultant's report.
What is a $135,000 house will do to my $50,000 house - will they look
at it and not want it.
Mr. Ferrera stated that the city is wQrking on its thoroughfare plan
and that is what we worked from. Morningstar is not an issue I can
address. Your current thoroughfare plan assumed IBM would not have a
road going through the property. If the IBM tract developed the way it
is zoned now, it would have 177,000 trips per day, what we propose
would be 95,000 trips per day. In the event you choose to keep the
entire tract as an employment center, you would need to go to the state
for help to build the road. 10% of the tract is roads, not by our
design but by your thoroughfare plan. Back to apartments, we need to
come to grips with housing inventory. Apartments played a key role in
growing up. We all face the population increasing, the world
population will double in 35 years. We have to come to grips with how
we house and treat people that live there.
Chairperson Bottke stated that several citizens had filled out speaker
forms and chose not to speak and at this time we will record their
position:
David & Wendy Snyder - did not mark position
Shirley Marcantel - traffic problems, for everything except the
apartments
John Watts - for it. Dal Mac is coming in as a whole not bits
and pieces.
Mike Lynch
4921 Roberts
I'm for changing the PD, if certain conditions are used. ! suggest you
get updates, there are 3 major discrepancies in here or stated
differently from what is in the packet.: they said 25' and in the
packet it says 15' on ROW and also says 10'in packet. And the prices
of homes in A & B on the northwest corner of Paige, the minimum square
footage is 1500', what is the average square footage for a $135,000
home. The master thoroughfare plan has not been presented to the City --
Council. Some of the roads are assumptions that they will be built.
Mr. Ferrera stated that the footage is normally 10' off the road and we
are adding 15' to ROW greater than 100' and 10' to ROW less than 100'.
The numbers are correct. The school issue - both schools are on this
tract. The square footage is from 1900'+ to a high of 2000' Adjacent
to Paige Road we will scale down the homes, then move up. T~e
thoroughfare plan is out of our control - up to the city. There are
agreements with surrounding cit~es_~d some have been addressed.
Chairperson Bottke stated that the master thoroughfare plan was brought
to the Planning and Zoning Commission, we have requested that it be
brought back to us prior to City Council making its recommendation.
You will have an opportunity to sp'eak at out next meeting. There are
legal postings outside the City Hall doors.
Pat Riggs
5920 Lake Shore
There are many opportunities being offered to our community. However,
it troubles me that we sit and discuss apartments when our city is
moving to grasp at viable community projects. We need proper planning
- don't have to take 1st thing offered, take a look at the whole city,
good planning as a whole. The city is annexing property - what will we
do with it. Layout city so it can compete with other cities.
Tom Cravens stated that at the present time the City Council has been
discussing the Master Plan. Talking about preparation for a Master
Plan for the city. Discussions are going on at this time.
Laurie Cannon
5401 Strickland
IBM is the owner of the property and Dal Mac will not purchase unless
the property gets zoned. The presentation impressed me. Too many
pieces haven't fallen in place. Dal Mac can go away and bits and
pieces of the property be built on. How can we buy into rezoning now
and change.
Mr. Ferrera stated that the volume of restrictions and codes are
elaborate. We are imposing a set of restrictions on ourselves. WE
would like to have every document gone through for construction,
platting and building.
Joe Agnew asked if there were copies of this report at the Library?
Tom Cravens replied not today, but we will have tomorrow.
Mary Watts stated that we will have lower residential taxes, ensure
retail space. Dal Mac will put The Colony on top of leasing agents
lists. It will be a mistake in not going with Dal Mac.
Mr. Ferrera stated that they are not the only ones looking at The
Colony. We have quite a bit of unsolicited business for 121. The
other thing you have to remember, is that we are not residential
developers, but developers of business. If we felt like the market was
good enough for 1100 acres of business, we would do it.
John Mitchell wanted to know how many acres of commercial land is left
in the city and what percent is in this tract.
Vince Boldin stated 1300 acres left.
Mr. Ferrera stated that 50% of the project would be residential, 40%
commercial and 10% roads.
--5--
Chairperson Bottke stated that the actual figures are 42% SF, 8% MF, _
36% BP, 4% community facilities and 10% roads.
With no further comments or questions, Member DePrater made a motion to
close the Public Hearing. Member Crocker seconded and the motion
carried with all Members voting aye.
Chairperson Bottke suggested a recess at 9:05 p.m.
The meeting resumed at 9:15 p.m.
4. REVIEW AND RECOMMENDATION OF A REQUEST BY IBM CORPORATION TO REZONE THE
FOLLOWING PARCELS OF LAND: B.B.B. & C.R.R. CO. SURVEY, ABSTRACT NO.
172, 173 AND 174, R.P. HARDING SURVEY, ABSTRACT NO. 611, WILLIAM A.
BRIDGES SURVEY, ABSTRACT NO. 112 AND THE M.D.T. HALLMARK
SURVEY,ABSTRACT NO 570, IN THE CITY OF THE COLONY, DENTON COUNTY,
TEXAS, FROM BUSINESS PARK AND INDUSTRIAL TO PLANNED DEVELOPMENT WITH
MIXED USES.
Vice-Chairperson Wagner stated that at the first worksession, when
discussing Business Park, we wanted a breakdown in percentages or acres
of employment and what percentage of restaurant/retail.
Mr. Ferrera stated that we have that on the tracts by letter
designation.
Member Hilyard stated that he noticed on Fi and L are not listed, is
there no intent to use tract L for GR.
Mr. Ferrera stated that there will be no GR on tract L, F1 is an
emission on our part, should be 2.7 acres retail.
Member Hilyard stated that on the traffic report he had a question. I
have the percentage of each tract as retail. Is your daily 195 trips
per day, per acre, per BP, the same as for retail.
Rod Black, traffic engineer, stated that the retail portion would be on
a square footage, based higher than BP, but on peak basis will be
lower, retail is generally higher.
Mr. Ferrera stated that there is a lot less square footage for retail
than BP on any given piece of property.
Chairperson Bottke asked if this figure was used in the traffic study.
Mr. Black stated the peak condition was strictly BP category.
Member Swerdloff wanted to know what would happen if N. Colony does not
extend to 1217
Mr. Ferrera stated that The Colony has an agreement with Frisco to --
build the road. We are dealing with your thoroughfare plan, we can't
do anything. If you are in fact working on your thoroughfare plan, as
staff and your consultant about that.
-6-
Member Hilyard wanted to know what kind of build out time are you
looking at?
Mr. Ferrera stated ultimately 15 years for both the business park and
residential.
Member Swerdloff wanted to know if the City Attorney had reviewed the
General Provisions yet.
Tom Cravens stated no yet, but will prior to going to City Council.
Member Hilyard stated that this a big tract of ground. With all the
information we have been given, we need to digest it and look at
additional information given to us before the meeting. In looking at
the square footage, number of units and the discussion of the
thoroughfare plan as a potential problem, as much as I don't want to
delay any decision on our part, we need to talk to the consultant and
get feedback. I make a motion to table agenda item #4 until our next
meeting on Tuesday, August 30, 1994. At that time with the presence of
our commission, consultant and Dal Mac, we will make a decision at that
time. Vice-Chairperson Wagner seconded and the motion carried with all
Members voting aye.
5. PUBLIC HEARING AS REQUESTED BY CENTEX DEVELOPMENT CO. TO AMEND THE
COMPREHENSIVE ZONING CODE AND THE ZONING MAP OF THE CITY OF THE COLONY,
TEXAS, TO REFLECT A REZONING FROM BUSINESS PARK TO RETAIL SHOPPING
CENTER AND MULTI-FAMILY RESIDENTIAL FOR THE FOLLOWING PARCELS OF LAND:
T. WILSON SURVEY, ABSTRACT NO. 1352, GENERALLY LOCATED NORTH OF HWY
121, EAST OF FM 423, WEST OF BLAIR OAKS RD. AND SOUTH OF OFFICE CREEK,
CONTAINING APPROXIMATELY 65 ACRES.
Member DePrater made a motion to open the Public Hearing. Member
Franklin seconded and the motion carried with all Members voting aye.
Roger Sefzik, representing Centex Development - Our project is a 65
acre tract at 121 & 423, currently zoned BP. Requesting change to SC
on the front property. The existing zoning would not allow a few
things, such as a clothing store. I'm here to answer any guestions.
Member Crocker stated that originally when the southern planning unit
came before the Planning and Zoning Commission, Centex said that the
southern end would basically be retail. Why have you changed your
decision?
Mr. Sefzik stated that he would love to have all BP, with the market
the way it is, I don't see that happening. We go with what the market
allows. Need SC to capture dollars from other communities. The parcel
in back not suitable for BP or SC, but suitable for MF.
Member Crocker wanted to know if he has plans what part of development
will he do first.
Mr. Sefzik stated he plans on seeing SC start first. Trying to see
first phase - major tenant for SC. Apartments will be built before
entire retail section is used.
--7--
Member Crocker stated that she would like to see retail BP developed
first, afraid they will get retail center on corner then build MF and
don't have need for retail - them we will have MF.
Mr. Sefzik stated that he does not see them rezoning the frontage to
MF. Frankly can't get money out of MF and can't promise retail done in
12 months. I can't imagine MF on frontage property. This is the very
best retail in The Colony.
Member Hilyard wanted to know about the traffic study and the head
count.
David Wilson, Cencor Development, stated that retailers are looking for
numbers of people and what percent to count on for dollars. Take 3
mile radius, 3,00 people having to provide additional housing coming on
line to show them the is a market for them.
Chairperson Bottke wanted to know the reason for the change in zoning
and what some of the businesses are that are not allowed.
David Wilson stated that the BP could almost make it work. Antique
shops, clothing store, shoe repair, inside boat sales are some that are
not allowed.
Member Hilyard asked if the only thing the city had to draw off of was
the scale for each zoned tract?
Tom Cravens stated that before an ordinance is written, a legal
description is prepared and given to the city.
Member Crocker stated that when she voted on the south planning unit,
she did so because it would be retail. She would like to see a single
story office park development.
Sefzik stated that 25 acres is a lot of office space.
Member Crocker stated that she doesn't think MF is the best use for the
land. Now you have changed the way I understood the property was to be
developed.
Sefzik stated that maybe in 10-15 years the demand will be there for
retail, it is not there today.
Member Crocker stated that it is not there because Centex has not
marketed the property and want to do like Dal Mac with the MF.
Mr. Sefzik stated that we have been working on this for quite some
time, 1 1/2 years ago, well prior to Dal Mac.
Member Crocker stated that it was the MF she had a problem with.
Mr. Sefzik stated that if he thought he could put BP there, he would
it, more money.
Member DePrater wanted to know the impact on 423.
8
Mr. Sefzik said that the traffic from MF would be about 1/3 less than
BP zoning. Not all traffic will feed off of 423, there will also be
Blair Oaks.
Joe Agnew stated let me reiterate that we are looking at a significant
piece of property zone for commercial type of business. My real
concern is MF in a commercial area. I request that the Commission,
Council and the development committee get together to do what is best
for the city. Need to be very careful.
Mike Lynch stated that Dal Mac kept addressing the thoroughfare plan
has an east-west road. LC - BP can be changed. Dal Mac homes and head
counts add 50% to The Colony. Best pieces of property. Questions to
ask about business property. There will be so much business, there are
takers for it, if you change zoning. Dal Mac on the east. Business
zone to the north, if Dal Mac thinks business zone is so many feet to
north, why doesn't Centex? City needs more rooftops. There are a lot
of loose ends - state lane cuts, state roads, city can't do anything.
More emissions than answers. ! don't think you have enough
information.
Kim Wagner
6853 Anderson
My opinion is that the Commission had different people on board when
voting on the south planning unit. If approve the MF now - then they
come back and all new people are on board, might change more to MF.
Think it over, we need more business.
Mr. Sefzik stated that as far as the curb cuts, this is not a site
plan, this is a zoning request. David Wilson is working with the city
and the state. East-west thoroughfare eliminated 3 years ago.
Johnny Smith, City Manager, stated that he did some research and the
road is still on the old thoroughfare plan - the bond was pulled.
Steve Bilheimer, of Cencor, stated that in 1985 a bond was put up for a
road to be constructed, this was to create activity. In 1985 there was
no longer a need to put a street in and have concrete, because the
market changed. In 1990-91, campus people coming and second reason to
discuss elimination of the road and offer parcel to campus development.
Which was obviously not successful. In the last 2 months a company was
looking for this type of site. At the time we had the road situated
and resolved. At the same time a discussion to rezone south planning
unit and transferred bond for bridge - needed it there instead of on
this property.
Chairperson Bottke asked if they had a set of standards.
Mr. Bilheimer stated they would follow the standards of city.
Mr. Sefzik stated that you can't throw up something and expect
developers to buy it.
Chairperson Bottke wanted to know if they had a comparative apartment
complex we could look at like you intend to build.
-9-
There was a short discussion on how may units would be built in the MF.
Mr. Sefzik stated that it could be limited to 400 units.
Mike Lynch stated that he would like to see you build out business then
build apartments.
Mr. Sefzik stated that it would take 15 years to get business in.
It would take 1 year to 18 months to get the apartments under
construction.
With no further comments or questions, Member DePrater made a motion to
close the public hearing. Vice-chairperson Wagner seconded and the
motion carried with all Members voting aye.
6. REVIEW AND RECOMMENDATION OF A REQUEST BY CENTEX DEVELOPMENT CO. TO
REZONE THE FOLLOWING PARCELS OF LAND: T. WILSON SURVEY, ABSTRACT NO.
1352, THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, FROM BUSINESS PARK
TO RETAIL SHOPPING CENTER AND MULTI-FAMILY RESIDENTIAL.
Member Crocker stated that she had some problems:
1) I don't want apartments
2) I don't want to approve any zoning change to avoid going through the
SUP process - this cuts into the income of the city.
3) I'm of the opinion that when someone gives you their word, not
business anymore and now residential, should stick to their word.
4) There is not enough information here tonight I see lots of problems.
Vice-Chairperson Wagner stated that he agreed with Member Crocker.
also have a problem with the traffic. Lots of thought went into the
south planning unit. I agree with Member Crocker, there is not enough
information.
Member Franklin made a motion to table until we have more information
and can get advisement from our consultant. Member DePrater seconded
and the motion carried with all Members voting aye. This will be
included at our next meeting on August 30, 1994.
Mr. Sefzik wanted to know specifically what information the Commission
is requesting.
The Commission replied with the following:
1. Type of apartments - requirements from developers, amenities
2. traffic issues ·
3. more information on the proposed retail space
4. square footage for retailer
5. demographic information
6. city's current thoroughfare plan
Member Hilyard stated that he wanted them to try a better zoning type
than LC.
Vice-Chairperson Wagner requested the minutes from the worksession held
with the City Council and with Centex.
-10-
Member Franklin stated he was interested in seeing more retail - not
interested in seeing apartments. This is prime real estate need to be
innovative.
Mr. Sefzik stated that frontage is the game on 121.
Chairperson Bottke requested that Centex supply the Commission with
General Provisions on the MF.
With no further business to discuss the meeting adjourned at 11:00 p.m.
Bottke, Chairperson Kay ~or~le~, Recording Secretary
-11-
MINUTES OF THE JOINT WORK SESSION
HELD ON
August 29, 1994
The Joint Work Session of the City Council and the Planning and Zoning Commission of
the City of The Colony, Texas was called to order at 7:00 p.m. on the 29th day of August,
1994 at City Hall with the following Council roll call:
William Manning, Mayor, Present Julie Bottke, Chairman, Present
Mike Lynch, Mayor Pro-Tern,Present Lyle Hilyard, Member, Present
Toby Pollard, Councilman, Present Barbara Crocker, Member, Present
Kay Hardin, Councilman, Present Steven Swerdloff, Member, Present
Rob Burchard, Councilman, Absent Jim Wagner, Member, Present
John Dillard, Councilman, Present George Franklin, Member, Absent (arrived 9:05)
Lynda Tate, Councilman, Present Cindy DePrater, Member, Absent
and with six Council present and five Commission members present, a quorum was
established for both bodies and the following items were addressed:
Mayor Manning called the meeting to order and advised that Mr. Reeves had
requested to be allowed to go through his entire presentation before opening the floor for
questions. Mayor Manning then turned the meeting over to Chairman Bottke, who asked
Mr. Reeves to proceed with his presentation.
1. REVIEW AND DISCUSSION OF THE PROPOSED DEVELOPMENT OF
APPROXIMATELY 1100 ACRES AS PRESENTED BY DAL-MAC
CORPORATION
Mr. Robert Reeves (Robert Reeves & Associates, Inc.) distributed copies of his
report to each member of Council and P & Z and proceeded to cover each section. A copy
of that report is attached hereto in it's entirety as Exhibit "A". Mr. Reeves' report covered
demographic background of The Colony, an analysis of needs in the city, undeveloped acres,
the IBM/DaI-Mac and Cencor zoning requests and recommendations.
Mr. Reeves highly complimented the Dal-Mac proposal, stating they had done a very
good job on their development guidelines and recommended leaving them in tact as a part
of the zoning ordinance. He advised that The Colony will have more than enough
undeveloped land for commercial/business development even after Dal-Mac and Cencor
build out. He noted that with the projected population of 41,600 in the year 2010
approximately 500 acres of industrial/business park zoning should be preserved. According
to his estimates, The Colony will have 1759 excess acres after these two developments are
completed.
With regard to multi-family, Mr. Reeves stated that he believes there is a definite
need for apartments in The Colony and recommended approving that zoning request. He
2
said we should proceed cautiously with strict guidelines and recommended allowing a
number of units equal to 15% of the population. Mr. Reeves complimented Dal-Mac on
the bonus program they prepared and suggested including it in the ordinance.
Mr. Reeves said the driving force behind this development will the traffic flow, noting
the applicant's traffic engineer had done a great job. He suggested a logical approach to
traffic flow guidelines, specifically dealing with daily trips generated by and through the
development. He also discussed the issue of extending N. Colony Blvd. to S.H. 121. He
said an alternative had been suggested by the City's traffic engineer and agreed to by Dal-
Mac if that extension does not happen. Mr. Reeves said if neither of those options occurs,
then the daily trips in and out of the development should be reduced by 19.5 %
Mr. Reeves covered his recommendations which included reducing the number of
apartments, a change in one tract from Multi-family to Industrial and other minor changes
to square footage requirements. Mr. Reeves said overall this is a good plan, noting he
agrees with all other land uses as proposed by the applicant. Mr. Reeves said all his
recommendations are open for discussion.
Chairman Bottke then opened the floor for discussion. Councilman Dillard asked
if enough property had been set aside for park land in the area. Mr. Reeves said yes, if the
city and LISD can share that type of facility. Member Crocker asked why he had taken
multi-family from the northern tract and not the southern tract and Mr. Reeves said the
potential for development is greater on the northern tract, going on to say, this may need
to change in 5 years.
Councilman Pollarcl asked if the amount ()f land available for commercial/business
development included all land in the city and Mr. Reeves indicated it did and said even if
his numbers are off, there is still ample property available. Mr. Reeves reiterated that
traffic volume figures are at the heart of this issue with regard to what will the system
handle. Councilman Pollard said he liked taking multi-family off SH 12'1 and including
some more Industrial zoning. Continuing, Councilman Pollard said the city had asked for
his expertise in this issue and appreciated his input.
Mayor Manning expressed concern over the roadways, specifically, extension of N.
Colony and bringing Morning Star down and across SH 121. Tom Cravens advised that
Morning Star would not be brought across SH 12'I until SH 121 is a freeway and then the
intersection would not be a full interchange. Councilman Lynch asked if the city can require
completion of all major thoroughfares before any single family or multi-family construction
could begin. Mr. Reeves said that could be done, but would require a much more detailed
traffic study. He said it is not feasible to say all the roads will be built because all the roads
may not be necessary. Johnny Smith advised that he does not believe Dal-Mac will build
a lot of houses on this property and then not provide streets for access.
Chairman Bottke asked Richard Ferrara, representing the Dal-Mac development to
respond. Mr. Ferrara said they plan to start at SH 121 and go north not north to south with
the roadways. He said they intend to start marketing along SH 121 and alongside Morning
Star. Mr. Ferrara noted that not all the road ways that are to be built have been shown on
any of the plans at this point. Lengtt~y discussion l-'ollowed the feasibility of widening
Morning Star and Paige Roads. Hal Jones, Hunter & Associates, traffic engineer for The
Colony said the traffic problem is not with traffic within the development, but with by-pass
traffic (traffic coming through the development from the north). He said the city has always
assumed that N. Colony will extend to SH 121 and that it is essential to the development
of the city. Mr. Jones said it is on the thoroughfare plan for the City of Frisco and went on
to say it is important not just to this development but to the whole city. Mr. Jones said the
city needs to positively pursue getting this roadway built, as well as the S. Colony Blvd.
extension.
Mayor Manning said we need to continue nurturing the relationship between The
Colony and Frisco. Johnny Smith said he understands it has always been the plan of The
Colony to pursue the extension of N. Colony, but he felt it important to have an alternate
plan and had asked the traffic engineers to provide that, just in case N. Colony does not get
extended. Chairman Bottke stated it appears all agree we should pursue the extension of
N. Colony, but we do need to be prepared with an alternate plan. She asked if anyone had
any problems with the recommendations as presented. Councilman Lynch said no problem
except he would like to check into park land allocation.
Chairman Bottke asked Mr. Ferrara to comment on the recommendations. He said
he would have to evaluate this fully tomorrow, but noted that the changes in multi-family
are unacceptable. He said the other changes are marginally acceptable. He said there is
no need for the bonus program for multi-family because without the density they will not
get a high end user. Mr. Ferrara said they have been told by a developer that they want to
build an ultimate high-end complex if they can have frontage on SH 121. He said lower
density gives no incentive to build such a product. He said we just need to reach a
compromise. With regard to industrial, Mr. Ferrara said they have always considered
Business park to include light industrial, noting that he doesn't think the rail service will be
important in this area.
Chairman Bottke asked about moving the industrial zoning south of SH 121 and Mr.
Ferrara said that would be acceptable but that north of SH 121 will be better as high-end
apartments. Mr. Reeves said that can be worked on, stating that density needs to be
considered. Member Crocker asked Mr. Ferrara the minimum number of units per acre he
was considering and he stated 20.
2. REVIEW AND DISCUSSION OF THE PROPOSED DEVELOPMENT AT THE
INTERSECTION OF STATE HIGHWAY 121 AND FARM TO MARKET ROAD
423 (MAIN STREET) AS PRESENTED BY CENCOR DEVELOPMENT
CORPORATION
Mr. Reeves said the land uses as proposed by Cencor make good sense in this
location. He said there seems to be some question regarding an east/west roadway through
this portion of land and those questions will need to be settled. He said it is a good idea
to place apartments in the location proposed. Mr. Reeves said his recommendation is to
deny the request as presented but to allow Centex to come right back without a long waiting
period and present a more detailed request under a Planned Development classification.
Member Crocker said she would rather see them bring a conceptual plan for the
entire south planning unit. Mr. Reeves said that is not really fair to ask for that at this time.
Councilman Tate asked if he looked at an alternate use for the area where apartments are
proposed and Mr. Reeves said he did give some consideration to that, but that it is logical
to put them in the area proposed and it is logical to put retail on the corner.
Member Swerdloff said he would rather see apartments in that location than to see
the land sit vacant for another 10 years. Councilman Lynch said if apartments go in then,
they do not need the east/west road, but if another type use is built, then they probably will
want the road. Tom Cravens said even with apartments, the traffic engineers say the
ease/west roadway is needed.
Chairman Bottke asked Steve Bilheimer, President of Centex, to respond. Mr.
Bilheimer gave the background of the east/west roadway, stating the bond on that road had
been released by the City during the planning of Ridgepointe. Going on, he said Centex
then issued a bond to build the north/south road in Ridgepointe. It was determined at that
time the east/west roadway would not be beneficial to the development of the property
between Blair Oaks and Paige Rd., because the proposed end users were interested in a
campus style development. Mr. Bilheimer said a road through the middle would not be
practical. Chairman Bottke asked if Centex is willing to come back in with a Planned
Development Zoning request on the 65 acres and Mr. Bilheimer said they will have to
review these issues.
Councilman Pollard asked Hal Jones if we still need the east/west road if the
development is a campus style and Mr. Jones said the road is needed to circulate traffic, and
went on to say it should go from Standridge (Kennepac) all the way to the east. He did say
each development should be looked at as it comes before the city.
Chairman Bottke asked if anyone has any problems with Mr. Reeves'
recommendation for this proposal. Councilman Lynch said it all hinges on the road. Mayor
Manning said if the road is required, then the property owner should be allowed to
determine where it should be located so they can make the best use of the property.
With no further business to address, Chairman Bottke adjourned the meeting at 9:10
p.m.
APPROVED:
AT'I'EST: /,~ ,~ ~
"'-//'d/~' William W. Manning, .Mayor
Patti A. Hicks, TRMC, City Secretary
[3ottke, Chairman
5
EXHIBIT "A"
REZONING CASE EVALUATIONS
CITY OF THE COLONY
IBM AND CENTEX TRACTS
Prepared by
Robert Reeves & Associates, Inc.
August 30, 1994
INTRODUCTION:
Robert Reeves & Associates, Inc. was retained by the City of The Colony to evaluate
and make a recommendation on two rezoning application within its corporate limits.
The first is a request by IBM/Dai Mac to rezoned 1,107 acres located near the
intersection of Paige Road and SH. 121, and the second is a request by Centex to
rezone sixty-five (65) acres at the northeast corner of Main Street and SH. 121. Key
information was provided by the staff, applicants, and citizens and commission
members participating in the Planning & Zoning Commission hearing on August
23,1994.
DEMOGRAPHIC BACKGROUND:
Based on the North Central Texas Council of Governments' (NCTCOG) estimates, the
City of The Colony had 7,886 housing units and a population of 23,200 on 1/1/94.
Current estimates place the city's population at 24,137. NCTCOG has determined that
the compound annual population growth rate between 1990-1994 was 1.29°,'o. For
plecrr~i~re.~waste water needs, the city has projected future population for the year
The city is basically developed with all residential uses supported by
neighborhood/community retail uses and community services. There is no significant
employment base. One of the major issues relating to these rezoning cases concerns
how much industrial and business zoning does the city need to retain in order to allow
for diversification in its tax/employment base. The Dal Mac case is converting 705.2
gross acres into noncommercial zoning and Centex is converting twenty-nine (29)
acres into noncommercial zoning.
NONRESIDENTIAL ZONING NEEDS:.
Analysis: ~.
The following analysis and recommendations are base are. generally accepted
guidelines based on national studies conducted by national organizations such as the
Urban Land Institute. The land use guidelines are not adjusted to reflect the local
market needs for the City of The Colony; however, they are very useful in providing
guidance to the commission and council.
It is estimated that the city has 777 acres of Industrially zoned land and 2,251 acres
land zoned Business Park which is undeveloped. These 3,028 acres are located in
the southeast quadrant of the city along both sides of SH. 121 and adjacent to the St.
Louis and San Francisco Railroad. The areas along SH. 121 and north of the Legacy
Park development in west Piano are the logical locations for any future employment
related uses.
National standards for industrial/business park uses, which could include offices, is
twelve acres per 1,000 population. Using the year 2010 population projection of
41,600, approximately 500 acres of industrial/business park zoning should be
preserved. Discounting all existing retail zoning in the city, the city will need a
minimum of forty-five acres of neighborhood and community serving retail. Therefore,
545 acres of commercial zoning is required to serve a city of 41,600.
Existing Undeveloped Commercial Zoning:
777 Acres undeveloped Industrial zoning
2,251 Acres undeveloped Business Park zoning
3,028 Acres undeveloped commercial zoning
Impact of Rezoning Request:
705.2 Acres removed from commercial zoning, Dal Mac
29.0 Acres removed from commercial zoning, Centex
734.2 Total acres removed from commercial zoning
3,028 Acres undeveloped commercial zoning
724. Total acres removed from commercial zoning
¢. 3 ¢'.~-8-,7'5E-Remaining acres of commercial zoning
545 Minimum acres required to serve 41,600 people
/ %~.~-,3~E~TM Excess acres
Conclusion:
The City of The Colony will have ample undeveloped commercial zoned acres if both
of these rezoning cases are approved as submitted. Commercial zoning along SH.
121 and north of Legacy Park, south of SH. 121 must be retained. If the city's
population estimates double, there would still be more enough undeveloped
commercial zoning.
RESIDENTIAL ZONING NEEDS:
An~llysis:
Currently, the City of The Colony has no land approved for multiple family uses and
provides little opportunity for housing diversity. Apartment communities are far more
attractive than they were ten to twenty years ago. Developers must provide adequate
parking, larger units, and other amenities to be competitive in the apartment market.
Without doing a market study, there has got to be a demand for apartment units in the
city. With proper development guidelines, including density limitations, the city should
consider allowing multiple family units on a selective basis.
Conclusion:
The percentage of residents living in multiple family units yaw widely from city to city.
A large central city, such as Dallas, has over fifty-five percent of its population living in
multiple family units. However, smaller cities, such as Bedford, has twenty to forty
percent cf its residents living in apartments. For a start, the city' should consicier
al=proving enough multil3te family units for no more than fifteen percent of its
POl~ulation. Based qq. N~TCOG'$ currel~t oooulation estimates of :24.137, 1_907
m41tir3te f{lmil_v qnits st'touid De oroviclecl h{Ised on 1.9 oeor~le t3er unit. DaJ Mac is
oroo0Sin~ 2,2,54 units and Centex is oroDosino_ 696 units at r,~ntv-four c~er acre.
IBMIDAL MAC REZONING REQUEST:
The following is an overview of the key features cf the 1,107 acre rezoning request by
IBM/Oal Mac from Industrial and Business Park zoning to a Planned Oevelol3ment
District for Mixed Uses.
~ (see Exhibit A for c~etaii breakdown)
~ ~ P~rcent of Total
Single Family 465.1 42%
Multifamiiy 93.9 8%
Business Park/Retail 401.8 36%
Community Facilities 39.4 4%
ROW ~ 10%
TOTAL 1,107.0 100%
Tracts F! ,G,H.I.J,K, and KI:
1. USES: The uses permitted are all uses allowed in the Business Park and General
Retail Distncts and the following percent of land can be developed with retail uses.
Tract G: 75% (63 acres)
Tract H: 25% (15 acres)
Tract i: 25% (11 acres )
Tract J: 25% (8 acres )
Tract K: 25% (42 acres )
Tract KI: 100 % (6.2. acres)
Tract Fl' 100 % (2.7 acres)
Using Tract G as an example, the applicant can build 1,372.140 sq. ft. of retail uses
based of a 0.5: 1FAR.
2. FLOOR AREA RATIO: The applicant is proposing an average FAR of 0.5:1.
Based on 401.8 net acres of commercially zoned land; therefore, the aPl31icant can
build B~.751.204 so. ff. of commercial uses.
4
LAND USE SUM.MARY
EXHIBIT A 'FILE IBM TIL'kCT
TIIE COLONY, TEXAS
TRACT LAND USE GROSS NET
A CR ""E~ R.O.W ACRES
A SINGLE FAMILY 181.9 6.1 175.8
B SINGLE FAMILY 102.8 5.5 97.3
C MULTIFAMILY 53.0 4. ! 48.9
D COMMUNITY 45.2 5.8 39.4
FACII~I'FIES
E SINGLE FAMILY t15.0 10.0 105.0
F SINGLE FAMILY 93.2 6.2 87.0
FI SIIOPPING CENTER 3.0 0.3 2.7
G BI. JSINESS PARK 84.6 4.8 79.8
H BUSINESS PARK 59.8 5.5 54.3
I BUSINESS PARK 43.5 4.8 38.9
J BUSIN 'E.ES PARK 30.9 11.7 19.2
K 13USINF_.SS PARK 169.4 32.0 137.4
K1 BUSINESS PARK 6.5 2.5 4.0
L BUSINESS PARK 71.2 5.7 65.5
M MUIZI'IFAMILY 47.0 2.0 45.0
I.ANI) USE TOTAL 1107.0 [ 106.8 1000.7'
LAND USE SUMMARY
LAND USE NET ACREAGE PERCENT OF TOTAL
SINGLE FAMILY 465. I 42%
MULTIFAMILY 93.9 8%
BUSINESS PARK/RETAIL 401.8 -7, 36%
COMMUNITY FACI LITIF.~S 39.4 : 4%
R.O.W. 106.8 10%'
TOTAL I 107;0 100%
I-3
Tracts Can¢ M:
1. USES: The uses permitted in these districts are those use allowed in the MF-3
District.
2. DENSITY: The applicant has a base right of sixteen(16) units per acre and the
ordinance allows a fifty percent density bonus if certain unspecified amenities are
provided. The applicant has done a good job of providing a detail amenity/bonus
program which allows the density to increase to twenty-four (24) units per acre, 2,254
units.
3. DEVELOPMENT GUIDELINES: The applicant has proposed various development
guidelines which are applicable regardless of the density bonuses. The most
significant of these is the requirement to provide seventy-five percent (75%) masonry
for buildings two stories or less. For buildings three stories, this masonry requirement
applies only to the first floor.
Tracts A.B.E. and F:
1. USES: The uses for these districts fall under the Single Family regulations. Base
on four units per acre, the applicant can build 1,860 single family homes.
2. HOUSING UNITS: Tracts A & F have a minimum house size of 1,500 sq. ft. lot size
of 7,000 sq. ft. Tracts B and F have variable house and lot sizes ranges from 1,650 sq.
ft to 2,200 sq. ft. per unit and 7,500 sq. ft. to 8,000 sq. ft per lot.
3. DEVELOPMENT GUIDELINES: A seventy-five % (75%i masonry requirement and
minimum landscaping required. Two-car garages are also required for all units.
Triter D:
This tract is allocated for community uses such as schools, parks, and water tower;
although, the applicant reserves the right to build single family homes base on SF-3
guidelines. The applicant has not agreed to dedicate any land to the city or LISD.
Thorouohfares:
The applicant's plan generally reflect the city's thoroughfare plan and all traffic
projections assume full completion of the streets, including the extension of North
Colony southward through Frisco to SH.121. The applicant's traffic engineer used
development intensity figures slightly less than those reflected in the application. This
issue will be further addressed in the recommendation section of this document. It
should be noted that the aDolicant's enaineer based his ¢roiections on a series of
assumptions that most benefit his client and the Level of Service fLOS) throughout the
system still is _oro!ected as LO~ "E". This is generally describe as "unstable flow
conditions". Level of Servi(;e "F" is unacce[~table and described as "failure". Their
enoineer made it very clear in his analysis that the ~roiections do not consider a wide
mixture of commercial uses such as office, retail and restaurant uses in the District
allocated to business/retail uses.
"The ultimate trip generation will be profoundly affected by the actual land use
mixtures (i.e., retail, restaurant, commercial, office, R&D, etc.) which will be
developed on each tract and the extent to which traffic management measures
are imposed."
A memo dated August 26, 1994 prepared by the applicant's engineer further
elaborated on a scenario that assumed that North Colony did not extend to SH. 121.
In this event, development density would need to be reduced by approximately 19.5
%. Additional widening of Paige Rd. and Morning Star with Morning Star crossing
over SH. 121 was indicated as a viable alterable alternative to the North Colony
extension.
Design Guidelines:
The applicant has imposed several design guidelines, many of which should be
included in this ordinance. The applicant has also agreed to establish a private
Architectural Review Committee whose approval would be required before
commercial plans would be submitted to the city.
Recommendation:
SECTION 1: GENERAL PROVISIONS
1. Attachment B, Conceptual Development Plan, is acceptable with the following
amendments, see amended plan:
· Slightly reduce Tract B, Single Family to reflect a straight alignment across tl~e
city-limit line.
· Reduce the size of Tract C, Multiple Family, to 27.3 acres which includes the
land remaining from Tract B after its reduction.
· The remaining part of old Tract C rename to Tract I1, 34.Sacres, and limit
uses to Industrial and Business Park uses, excluding all residential.
· Allow Industrial District uses in Tract I.
Exhibit B shows a summary of the revised land use distributions.
Rationale:
The City of The Colony would be eliminating all its Industrial Zoning if this request is
approved. The city needs some Industrial Zoning and the land next to the railroad with.
access to SH 121 is a logical spot. This would allow a large uses or small industrial
park to have access to the railroad. Tract C, as proposed would allow 1,174 apartment
units which is too many at this location. By reducing the number of units and size of
the tract and moving the apartment tract a little further to the north, this use will provide
6
LAN D US E SUMMARY
v..xH'rSZT 13 TI IE IBM TRACT
TIIE COLONY, TEXAS
TRACT LAND USE GROSS NET
ACRES R.O.W ACRES
A SINGLE FAMILY 181.9 6.1 175.8
D COMMUNITY 45.2 5.8 39.4
FACILITIES
E .., SINGLE FAMILY 115.0 I0.0 105.0
F SINGLE FAMILY 93.2 6.2 87.0
Fl SHOPPING CENTER 3.0 0.3 2.7
G BUSINESS PARK 84.6 4.8 79.8
H BUSINESS PARK 59.8 5.5 54.3
T-iJ. 13P and TNDUI::i'I.'RI.A.h . 5 33 . 3
BUSINF~SS PARK 3443'. ~ ~'4.8 38.9
J BUSINF~$S PARK 3o.9 11.7 19.2
K BUSINESS PARK 169.4 32.0 137.4
K1 BUSINESS PARK 6.5 2.5 4.0
L BUSINESS PARK 71.2 5.7 65.5
M MI II.TIFAMII.Y 47.0 2.0 45.0
LAND USE SUMMARY
I.AND USE NET ACREAGE PERCENT OF TOTAL
SINGLE FAMILY 456 -4.6-5.--I-- 41%
MULTIFAMILY 68.2 -94 .-9.- 6%
BUSINESS PARK/I~F. TAIL 436. {5 -494.8- 39% . 36%
COMMUNITY FACILITIES 39.4 : 4%
fI'OTAL I I07~0 I00%
I-3
a buffer between the single family and industrial uses.
2. Amend the following conditions under the "General Provisions" section:
1. Prior to the issuance of any building permit for the development of any
Business Park, Industrial and/or Multifamily portions of the property described
herein, (Tracts C, Fl, G, H, I, I1, J, K, K1, L, and M ), the Development Plan
required by Section 10-654 of the Comprehensive Zoning Ordinance of the City
of The Colony, Zoning Ordinance, Chapter 61, shall be submitted and approved
by the City Council and made an exhibit to and a part of this ordinance and
incorporated by reference herein for all purposes.
2. E×!ct!~g Land uses existing on the site prior to the passage of
~ this Planned Development are considered as permitted uses with
these PD regulations.
3. All landscaped areas, within Tracts C, Fl, G,H,I,I1,K, K1, L, and M. whether
in public right-of-way or private property shall be served by a fully automatic i
irrigation system.
SECTION II BUSINESS PARK REGULATIONS
TRACTS Fl,G, H,I, I1, K, K1 AND J:
1. Uses Permitted:
Tract Fl: All uses permitted in the GR District
Tracts G, H, K, K1, and J: All uses permitted in the BP and GR District
Tracts I and I1: All uses permitted in the BP and I Districts except
for residential.
2. Limit uses which are permitted only in the GR District to the following total amount of
land.
Tract G:-..?=°'-,~ ,....f:'~ :crcc) 50%(39.9 acres)
Tract H: 25% (15 acres)
Tract J: 25% (8 acres )
Tract K: 25% (42 acres )
Tract KI' 100 % (6.2 acres)
Tract Fl' 100 % (2.7 acres)
3. Floor Area Ratio: The overall floor area ratio for each ~!! tract shall be 0.5:1.
4. Floor Area:
The total floor area for each tract shall be determined by the dally tdps established by
the applicants traffic engineer. The one element which orovides meanin_aful
_auidelines for develoc~ment intensity in this ao_Dlication, is the ca[~acit¥ of the
comoleted thorou_ahfare system. Instead of limiting the amount of each type of land
use within each district, it makes more sense to tie development rights directly to the
applicants own traffic figures which are based on realistic thoroughfare capacities.
a) The traffic generated for any combination of uses in each tract shall be limited by
the total daily trips allocated to that tract as shown in the following table:
Tracts Daily Trips Daily Trips
With Completion of Without Completion of
North Colony Ext. or Alternative North Colony Ext. or Alternative
F1 1,900 1 530
G 12,748 10,262
H 8,674 6,983
I 6,214 5, OO2
I1 5,320 4,283
J 3,067 2,469
K 21,950 17,670
K1 639 514
L 10,464 8.424
70,976 57,137
These daily trips are reduced by 19.5% until the completion of the North Colony
extension to SH.121 or completion of alternative thoroughfare improvements
approved by the council at the time of development plan review. An application for a
building permit or certificate of occupancy must demonstrate that the traffic generated
by the development falls within the total daily trips allocated to that tract. If North
Colony has not been constructed to SH 121, a certificate of occupancy can not exceed
a threshold established by a 19.5% reduction in daily trips allocated for that tract
unless the council has approved a development plan(s) which exceed the reduced
threshold.
b) Actual trip generation calculations shall be based on the following figures:
Uses Daily Trios
Business Park 159.75 per acre
( warehouse, manufacturing, office showroom warehouse,
warehouse distribution, wholesale, and
research & development)
Lodging 10.5 per room
Office
Financial institution without drive-in 140.61 per 1,000 gsf
Financial institution with drive-in 265.21 per 1,000 gsf
Other offices
10,000 gsf or less 24.6 per 1,000 gsf
Over 10,000 to 50,000 gsf 16.58 per 1,000 gsf
Over 50,000 gsf 12.71 per 1,000 gsf
8
Retail and Personal Service Uses
General merchandise under 3,500 gsf 737.99 per 1,000 gsf
General merchandise 3,500 to 10,000 gsf 167.59 per 1,000 gsf
General merchandise over 10,000 gsf 91.65 per 1,000 gsf
Restaurant with drive-in 786.22 per 1,000 gsf
Restaurant without drive-in 205.36 per 1,000 gsf
All other uses none
5. Development Guidelines: Accept all the remaining guidelines submitted by the
applicants and add the following: "Unless otherwise stated in this ordinance uses
shall comply with Business Park District standards for Tracts G,H,J,K, K1, and L;
Industrial District standards for Tracts I and I1; and General Retail standards for Tract
Fl.
SECTION III
MF-3 MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS
TRACTS C AND M
1. Accept all the conditions submitted by the applicant except for the following
amendments:
· Limit maximum density to fifteen (15) units per net acre with a base right of twelve
(12) units per net acre for Tract C and M.
The range of multiple family units for Tract C is 296 - 410 units and 540 - 799 units for
Tract M.
2. Masonw Requirements: When main buildings are two stories or less, 75% of the
entire main structure shall constructed of brick, tiles, cement, stone, or similar
materials;however, when the main building is three stories in height, only the first two
floor is required to have a minimum of 75% of its exterior to be constructed of brick,
tiles, cement, stone, or similar materials.
SECTION IV
SINGLE FAMILY REGULATIONS
TRACTS A,B,E, AND F
Accept all the conditions submitted by the applicant except for the following
amendments:
House and Lot Sizes:
· Tract A & F: minimum house size: 1,650 sq. ft.
· Tract B: eighty percent (80%~ of homes rnus! have a minimum house size of
1,900 sq. ff. or 100% may have a minimum house size ot 2,000 sq.
· Tract E: eighty percent (80%) of homes must nave a minimum house size ot
2,200 sq. ff. or 100 % may a have minimum house size crt 2,400 sq. ft.
SECTION V
COMMUNITY FACILITIES
TRACT D
Accept all tl~e conditions suDmittecl Dy the applicant except for the following
amendments:
· If ti'lo property is developed with any single family uses the minimum lot area
is 7,500 sq. ft. ancl house size is 2,200 sq. ft.
· Pdor to the issuance of a building permit for any resiclential use that
exceeds 500 units for this Planned Development District, the propert3f owner of
Tram D shall provide public access to and dedicate to the city 20.2 gross acres
(ROW included) for a neighborhood pa~ or other public purpose, This
dedication is subject to the City of The Colony approval.
· Prior to the issuance of a Duilding permit for any residential use that
exceeds 500 units for this Planned Development Dist'nct, the pml~erty owner of
Tract D stroll provide put~lic access to and dedicate to the Lewisviile
Independent School District 25 gross acres (ROW inclucted)'for public school
purposes. This cledication is subiect to the approval of-E~SD.
CENTEX REZONING REQUEST:
Analysis:
Centex is requesting a change of zoning from Business Park to Ligl'rt Commercial and
Multiple Family-3 on a sixty-five acre tract of land ~ ;l~e northeast corner on Main
Stree; and SH 121. The applicant proposes to construct a shopping center on ttlirty-
six acres along SH 121 ancl develop ;l~e remaining twenty-nine acres for apartments.
The applicant has indicated that the only purpose for requesting LC is to aJlow retail
uses whict~ are not allowecl in the Business Park Distnct. This site is part of the South
Planning Unit Land Use Plan previously approved by the City of The Colony.
l0
Recommendation:
The land uses proposed by the property owner are logical and seem to be adequately
buffered from residential uses further to the north. A retail center at this intersection
makes sense along with some apartment uses to the north adjacent to the creek.
However, the application is too open-ended. Although, the applicant has submitted a
detail plan, it is meaningless since the applicant is not commiting to the plan. In
addition, the applicant has not address the location of a major east-west thoroughfare
running through the property linking Blair Oaks Rd. with Main St.
It is recommended that this case be denied and allow the applicant to submit a
conceptual plan Planned Development District which looks carefully at traffic
generation numbers and includes development parameters for the retail and
apartment uses. The applicant should also look at the feasibility of providing gar(:len
office, office showroom warehouse type uses along a portion of the northern part of the
site. The location of the east-west thoroughfare shown on the concept plan.
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON
September 20, 1994
The Work Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:45 p.m. on the 20th day of September, 1994 at City Hall with
the following members present:
Julie Bottke, Chair
Jim Wagner
Cindy DePrater
Steven Swerdloff
Lyle Hilyard
George Franklin
Barbara Crocker
and with seven present, a quorum was established and the following items were addressed:
1. DISCUSSION OF PLANNING AND ZONING COMMISSION PROCEDURES
Member Hilyard stated he was new to the Commission but felt the need to help set
some guidelines for the type of information to be provided to the Commission by City Staff.
He noticed they did not always receive the same information for each type of case under
consideration. He did not believe this was intentional, just that without written guidelines,
it was possible that some information might not be forwarded or sometimes, staff might not
be aware what the Commission wanted.
Discussion followed among all members with suggestions of what type of information
would be most beneficial in the decision making process. The final agreement consisted of
the following items to be included in the Commissioners packets:
1. Copies of interoffice correspondence between departments relating to the
case.
2. Notations made on or attached directly to the plans under discussion.
3. All information relevant to the application of a S.U.P.
4. Minutes of any meeting (Commission or City Council) where this item was
previously discussed.
5. Original zoning ordinance, any covenants or agreements made by Council, and
any ordinance amending the zoning on a piece of property under
consideration for a zoning change.
6. Traffic studies, if needed.
7. Copies of any City codes applicable to the case.
8. Any other relevant information.
Member Hilyard also expressed the desire to have the agenda prepared and posted
earlier and packets forwarded to the members earlier. He felt additional time to review
documentation and ask any questions would enable the commissioners to make more timely
2
decisions.
Chairperson Bottke also requested staff to check on the requirements regarding
posting signs on acreage under (re)zoning consideration. This is done in other cities. She
also wanted complete information on what is provided to and requested of builders,
developers, etc. when they first apply to the city. She felt this would help the Commission
determine what information they should be receiving.
Commissioners were unanimous in their request to modify the format of the agenda
and minutes. Each agenda shall begin with a Call to Order and close with an item for old
business. Also an item shall be added for staff update.
2. DISCUSSION OF OTHER ITEMS OF INTEREST
No discussion.
With no further business to address, Chairperson Bottke adjourned the meeting at
8:45 p.m.
APPROVED:
~-,li~ Bottke, Chairperson ....
ATTEST:
Sandie Chance
Deputy City Secretary
3
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON
October 11, 1994
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:40 p.m. on the llth day of October, 1994 at City Hall with
the following members present:
Julie Bottke, Chair
Jim Wagner (arrived 7:45 p.m.)
Cindy DePrater
Steven Swerdloff
Lyle Hilyard
George Franklin
Barbara Crocker
and with six present, a quorum was established and the following items were addressed:
1. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE WORK
SESSION HELD SEPTEMBER 20, 1994
Motion to approve minutes as presented - Crocker;, second - Hilyard. Approved by
acclamation.
2. CITIZEN INP~
None.
3. REVIEW AND RECOMMENDATION OF A FINAL PLAT FOR A SHOPPING
CENTER IN THE S.E. HAYES SURVEY, ABSTRACT #648 AND JAMES L.
SPARKS SURVEY, ABSTRACT # 1179, CONTAINING 5.948 ACRES,
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF FM 423 (MAIN
STREET) AND NORTH COLONY BOULEVARD.
Tom Cravens, Director of Public Works, explained that the City Council approved
a resolution last night to enter into an agreement with the Texas Department of
Transportation for improvements to the intersection of FM 423 and North Colony
Boulevard. The developer is aware of the improvements to be made and the plat has been
submitted based on the proposed improvements. There has been no engineering work
regarding the intersection improvements at this time.
Chairman Bottke indicated the plat was for the entire acreage but the site plan was
for Lot 1 only. She asked if there were any plans for development of Lot 2 at this time.
Mr. Jim Koch, representing Eckerd's, indicated he was unaware of any plans for future
development.
3
Motion to approve final plat as submitted and forward favorable recommendation to City
Council - Crocke~, second - Deprater. Motion carried with a unanimous roll call vote.
4. REVIEW AND RECOMMENDATION OF A SITE PLAN FOR A SHOPPING
CENTER IN THE S.E. HAYES SURVEY, ABSTRACT #648 AND JAMES L.
SPARKS SURVEY, ABSTRACT #1179, CONTAINING 1.296 ACRES, ALSO
BEING KNOWN AS LOT 1, BLOCK 1, ECKERDS ADDITION, LOCATED AT
THE SOUTHWF_~T CORNER OF FM 423 (MAIN STREET) AND NORTH
COLONY BOULEVARD.
Mr. Cravens indicated there was a minor error on the site plan. The fire lanes will
be 50' spaces, not 25' as shown. The developer is aware and the correction will be made.
He also stated that the landscape plan does not reflect the change for the turn lane but will
be amended. The developer was unable to prepare the corrected plans in time for tonights
meeting. The landscape plan does meet our requirements.
Mr. Cravens answered questions concerning the placement of utilities, sidewalks and
drainage, assuring commissioners that all aspects of the development meet or exceed our
regulations. Mr. Koch told the commissioners that construction should begin around the
first of the year and take 3 - 4 months.
There was additional discussion regarding the fire lane with concerns that there was
no fire lane in the back of the building. It was pointed out that it is not required as every
portion of the building is accessible from the fire lanes as indicated per Fire Marshal Dave
Wallace.
Commissioners Crocker and Swerdloff expressed a desire for additional landscaping
on the south and west sides of the development. They went on to explain they did not
intend for the building to be totally screened, but would favor intermittent placing of crepe
myrtle and/or evergreen shrubs to break up the area. Mr. Koch agreed this was possible.
Motion to approve the site plan and forward a favorable recommendation to City Council
contingent upon additional landscaping and Texas Department of Transportation approval
of access - Swerdloff; second - Crocker.
Mr. Cravens informed the Commissioners that the site plan approval was not
contingent upon approcal by TxDOT of the sidewalk and driveway right-of-way.
Motion carried with a unanimous roll call vote.
5. STAFF REPORTS
Mr. Cravens had several items to address to the Commissioners.
1. Packets prepared for tonight's meeting were based on input from the
September 20 work session. Staff will continue to provide the information requested.
2. House of Italy S.U.P. - there will be a public hearing before the City Council
on October 17.
3. NCTCOG has a seminar for Planning and Zoning on November 11. This will
be at their offices in Arlington. Anyone wishing to attend should let him know and
reservations will be made.
4. There are at least two items for the October 25 agenda. This will include the
preliminary plat for Stewart Peninsula (Cottonwood Springs) and the final plat for
Southshore Phase II. There may also be an item for a zoning change on the
Billingsly property located south of SH 121.
5. The Dal-Mac zoning ordinance is being written at this time.
6. Centex has not resubmitted anything else at this time.
7. Guaranty National Bank held their ground breaking today. They hope to
open by mid January.
8. They have started the dirt work on Lakeview Plaza but no building plans have
been received at this time.
9. The new Planning Director should be on board November 2. It is Mr. Sam
Chavez now with the city of C. arrollton. He will office in the Utility Building.
10. Due to staffing problems, the corrections to the minutes of August 30 and the
minutes of the September 13 meeting are not yet available. We are working on them
and will have them for your review as soon as possible.
11. Dr. Gifford has requested a work session with Planning and Zoning or a joint
work session with P&Z and the Council. He wishes to rezone the 18 acres on FM
423 adjacent to the Club Fore golf driving range entrance. This is currently zoned
Office (O) and he wants to rezone Light Commercial (LC) and Retail. Chairman
Bottke asked this be placed on the November 8 agenda for P&Z.
6. DISCUSSION OF OTHER ITEMS OF INTEREST
There was discussion of the ordinances governing the zoning of the Billingsly
property. Councilman Lynch asked for recommendations from the City Attorney on the best
way to correct/amend the zoning ordinance when it comes up. He would like these to be
available by the October 25 meeting.
Mr. Cravens noted-the packets were distributed in notebooks this time. He asked
they be returned at the end of each meeting for future use. He also asked if the
Commissioners were agreeable to picking up their packets from the Police Department
5
Dispatcher. This would enable the commissioners to pick them up at their convenience as
dispatch is open 24 hours a day. He also provided copies of the packets of information
given to commercial developers and copies of Chapter 17, the zoning section of the Code
of Ordinances.
Mr. Lynch also requested copies of the list showing all city owned property be
provided. Mr. Cravens said he was not aware of such a list but would check on it.
With no further business to address, Chairman Bottke adjourned the meeting at 8:55
~ttke, Chairman
A'IW~T:
Sandie Chance, Deputy City Secretary
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON
October 25, 1994
The Rel~lar Session of the Plamfi~ and Zoning Commission of the City of The Colouy, Texas was
called to order at 7:36 p,m- on the 25th day of October, 1994, at City Hsll with the fono s
members present:
.Iulie Bottke, Chair Present
Y~m Wagner Present
Cindy DePrater Absent
Steven Swerdloff Present
Barbara Crocker Absent
Llde ~d Present
George Franklin Present
also in attendance was Council Liaison Mike Lynch, and with five members present, a quorum was
established and the following items were addressed:
1. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE REGULAR SESSION
HELD OCTOBER 11, 1994.
informed the Co~mi.~ionel~ that the site plan approval was not continl~ent upon approval by
TxDOT of the sidewalk and driveway fight-of-way.'
2. CITIZEN INPUT
None.
3. REVIEW AND RECOMMENDATION OF A PI~EI.IMINARY PLAT FOR STEWART
PENINSULA - COTTONWOOD SPRINGS, LOCATED NORTH AND WEST OF SPARKS
ROAD AND CONTAINING 61.26 ACRES, AS REQUESTED BY STEWART PENINSULA
DEVELOPMENT PARTNERS.
Mr. Rusty Nichols, representing Stewart Peninsula, and Mr. Truman Edminster of Carter +
Burgess were in attendance to present the preliminary plat and answer any questions. Mr. Edrninster
explained the differences in the original concept plan from the preliminary plat being presented,
stating that D/2 was now set aside for an elementary school, which would necessitate the need for
another tract to accomplish density requirements.
After intermittent discussion regarding Ethridge Elementary School enrollment and other
issues regarding the proposed school site, Mr. Edminster and Mr. Nichols addressed the density
transfer and the creation of Tract B/4. The Commissioners were told that in the density transfer,
the lot size in tract B/Z[ has been changed to 55' x 110', but the minimum square footage of the
homes was not altered. There were 243 lots in the original concept plan and that number has
changed to 2z[?, adding four lots. The density transfers that have changed from the original concept
are as follows:
B/l: from 76 lots to 85
B/2: from 111 lots to ??
B/3:56 lots to 49
B/4: -0- lots to 36
Further discussion was held regarding lot sizes, housing square footage and the density
transfer.
Mr. Nichols then addressed the Commissioners' concerns over the proximity of this proposed
site to the existing Ethridge Elementary School, stating that in negotiations with Dr. Downing of
LISD, he (Dr. Downing) advised that expanding Ethridge would be more costly than building a new
facility, and that the District had other elementary schools as close together as these two.
Commi.~sioner Hilyard questioned the length of the school zone in that area due to this change.
Mr. Cravens advised that this would be looked at when the final plat was presented.
Commissioner Swerdloff questioned when the improvement to the intersection of North
Colony and FM423 was scheduled. Mr. Edminster advised that he and Mr. Cravens were working
on this issue and that it should be completed by the time Phase II was built. He also advised that
a traffic study had been completed on this intersection. Commissioner Swerdloff also questioned
the traffic impact from the Par 3 goff course through the subdivision. Lengthy discussion regarding
eastbound traffic flow and the traffic impact from the Par 3 goff course followed, resulting in
discussing a change to Streets "A", "B" and ~D", by making Street 'A~ and a portion of ~B"
(east/west roadways) 60' fight-of-way collector streets. Street "D' right-of-way would then be
decreased to 50'. This would allow traffic to enter into Cottonwood Springs through Streets "A"
and ~B' to access the goff course. Mr. Edminster advised that they had reviewed this option.
Mr. Cravens advised that the water and sewer stub out locations would be addressed and
changed at the time the final plat was presented.
Commi.~sioner Hilyard expressed his concern of the exposure on North Colony of the site
for the amenity center. Mr. Edminster and Mr. Nichols fielded numerous questions from the
Commission regarding what was going to be included in the amenity center and the aesthetics of
same. Chairman Bottke and Commi2sioner Hilyard also expressed concern about the center being
located adjacent to Ethridge Elementary School, with the main concern being the height of the fence
surrounding the swimming pool area, location of the pool in proximity to the school, etc. Mr.
Edminster stated that the amenity center would be constructed at the same time the area developed.
Discussion followed regarding compliance with the Landscape Ordinance, in particularly the
portion pertaining to protected trees and their replacement.
Motion to recommend approval of the preliminary plat with the chang~ that: Tract B/4 be added
with lot sizes of 55' x 110' and home sizes of 1700 sq. fL and 36 homes in that area; that the right-
of-way for Road "A' and a portion of Road 'B', from their intersection to the goff course be
changed to 60' and that Road 'D' then become 50' right-of-way; and that B/1 be changed from
original concept of 76 lots to 85; in addition, that the minimum fencing height around any pool in
the amenity center be a minimum of six feet - Hflyard; second - Franklin. Motion carded with an
unanimous roll c~l vote.
4. WORK SESSION
A. DISCUSSION OF POSSIBLE USES OF AN 18 ACRE TRACT OF LAND
CURRENTLY ZONED OFFICE-I, LOCATED WEST OF FARM-TO-MARKET
ROAD 423 AND SOUTH OF THE DENTON COUNTY GOVERNMENT
BUILDING.
Mr. Edmond Burke, attorney representing owner of the property, addressed the Commissioners,
stating that there was an access easement from FM423 to the golf course and the city's lift station.
It had been recommended to him that storage buildings be placed around the lift station, due to
aesthetic reasons and drainage areas. From there, toward FM423, they would then like to put an
office warehouse combination, and would like to look at a Planned Development zoning. He went
on to state that there were potential buyers for the road frontage.
Chairman Bottke asked why they were not looking at a straight Light Commercial and Retail
zoning. Commissioner Hilyard again questioned why not a standard zoning.
Lengthy discussion followed by Mr. Burke and the Commissioners regarding abandonment
of current access easement, drainage areas, and median cuts. Commissioner Swerdloff advised that
if the developer were to come in and ask for standard zoning, it would be much more 'cleaner'.
Discussion was held regarding potential buyers, with Mr. Burke statin~ that they would like to "pre-
packagen the property. Mr. Cravens asked for some guidance from the Commissioners on what the
developer should come back with. Commissioner Bottke advised that a straight zoning would be
better and does not see that the proposed zoning is incompatible with the surrounding property.
B. RECEIVE PRESENTATION FROM C-CURE COMPANY REGARDING
RESIDENTIAL STUCCO PRODUCTS.
Mr. Cravens advised that at present, stucco products on residential buildings was not allowed
in the City and introduced Mr. Tim Peddicore of C-Cure.
Mr. Peddicore turned the floor over to Marketing Representative, Darren Peterson, also of
C-Cure Company. Mr. Peterson made the presentation to the Commission regarding a new,
enhanced stucco product, advisin~ that because of new synthetic products used in ~ the
product, it is much stronger and does not have the problem of cracking like the old stucco.
Mr. Peterson gave a lengthy presentation to the Commi.~sioners, statin~ that the "new"
stucco product that should be siren consideration for use in The Colony is a polymer modified one
coat stucco. Mr. Cravens asked for any locations staff or Commissioners could look at the use of
this type product, with Mr. Peterson advising that there were five homes in the Hackney area of Los
Colinas. These homes are in the $250,000 range and up.
Discussion was held regardin~ new developers starting to build and the competition factor
for architectural design.
It was noted that the city can not change an Ordinance to fit one vendor, however, a change
to use a ~generic'° material could possibly be accomplished. Chairman Bottke advised that she
would like a joint work session with the City Council on this issue.
5. STAFF REPORTS
Mr. Cravens reported that the City Council did approve the Specific Use Permit for
the House of Italy, the Dal-Mac zoning ordinance was adopted and they approved
the site plan and plat for Eckerds.
b. A Public He~ing for a change in the zoning ordinance for the Billiugsley tract will
be on the agenda for November 8, 1994.
c. Mr. Cravens introduced Sharon Sebera as the new recording secretm'y for the
Planning & Zoning Commission, stating that she has also assumed new duties and
is now the Public Works Office Manager and will be helping him.
d. We are waiting to make any changes in forms or procedures unH the new Cit~
Planner comes on Board. He is scheduled to start on Wednesday, November 2nd.
e. Commissioner Hilyard stated that on the question of a time limit on Planned
Developments, he has learned that there are none. Mr. Cravens agreed, stating that
the Dal-Mac zoning ordinance specifically states that they must start development
within five years. A time limit can be placed on an individual PD zoning case.
With no fi~rther business to addres~e adjo_urned the meeting at 9:55.
Sharon E. Sebera, Recording Secretary
MINUTES OF THE PLANNING AND ZONING COMMISSION
December 13, 1994
The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was
called to order at 7:30 p.m. on the 13th day of December 1994, at City Hall with the following
members present:
Julie Bottke, Chair Present
Jim Wagner Present
Cindy DePrater Present
Steven Swerdloff Present
Barbara Crocker Present
Lyle Hilyard Present
George Franklin Absent
and with six members present, a quorum was established and the following items were addressed:
1. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE REGULAR
SESSION HELD OCTOBER 25, 1994.
Motion to approve the minutes of October 25, 1994 as presented - Hilyard; second - Swerdloff.
Approved: 6-0
2. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE REGULAR
SESSION HELD NOVEMBER 8, 1994.
Motion to approve the minutes of November 8, 1994 as presented - DePrater; second - Crocker.
Approved: 4-0-2 (Commissioners Swerdloff and Wagner abstaining).
3. CITIZEN INPUT
None.
4. PUBLIC HEARING
CASE No. 12-94Z1, GIFFORD: PUBLIC HEARING ON A REQUEST FROM
APPLICANT DEWAYNE K. SNIDER TO REZONE AN 18.75 ACRE TRACT
GENERALLY LOCATED SOUTH OF N. COLONY BOULEVARD, ON THE WEST
SIDE OF F.M. 423 FROM (O-1) OFFICE DISTRICT TO (GR) GENERAL RETAIL AND
(LC) LIGHT COMMERCIAL DISTRICTS.
Motion to open the Public Hearing - Crocker; second - Hilyard.
Sam Chavez, City Planner, stated that the applicant is requesting approval of a change in zoning on
an 18.75 acre tract of land. The site is zoned for the (O-1) Office District and is undeveloped. The
applicant proposes to rezone the fi.om half of the site to the General Retail District and the back half
to the Light Commercial District.
The applicant proposes to use the light commercial tract to develop a mini-storage warehouse and
or office/warehouse facility. The site's proposed zoning should not have a negative impact on the
surrounding area. Staff recommends approval of the applicant's request to rezone the property
subject to all staff stipulations.
Mr. Dewayne Snider, representing Dr. Dwight Gifford, said the mini-storage or office/warehouse
would run in an east/west direction on the property and would be bricked. The buildings would have
pitched roofs, and that other than the internal sides of the building, all outer facing walls would be
bricked. Construction is to start upon approval by the City Council, and that the first stage should
contain approximately two to three acres.
Discussion was held regarding staffs recommendation for landscaping and the architectural design
of the buildings
Mr. Snider said he does not object to staffs recommendation on landscaping. However, the
landscape screening material may not be the photinias as suggested. The landscape screening material
used will accomplish the same purpose, and that there would not be any outside storage on the
property.
Mr. Chavez said that the applicants request was for straight zoning of the property to the Light
Commercial and General Retail Districts per the Commission's request. However, staff recommends
that the property be zoned to a Planned Development for the Light Commercial and General Retail
Districts in order to apply the additional development restrictions on the property..
Discussion regarding the agreement between the City and Dr. Gifford for the dedication of a fifty
(50') foot right-of-way.
Mr. Snider said that there is approximately 170 linear feet of light commercial property facing F.M.
423, and that 50 feet of the 170 feet is for the right-of-way as found in the developers agreement.
However, the 50 foot right-of-way may need to be moved further south on the property to allow
access onto the property and the city's property for northbound traffic.
Commissioner Hilyard asked if they have any current plans to develop the general retail property, and
if no more than 50% of the Light Commercial would be developed as miniwarehouse.
Mr. Snider said that there are no current plans to develop the general retail district, and that they are
2
not prepared to state how much of the light commercial district would be developed at this time.
Mr. Chavez asked the developer if he was aware of the protective cOvenants attached to the present
zoning on the property. According to these covenants, nothing can be built eleven (11) feet in height
above the center line of the southbound lane of F.M. 423.
Mr. Snider said he was not aware of these restrictions.
Mr. Chavez said that all structural elevations, etc., shall be reviewed for compliance during the site
plan approval process.
Commissioner Wagner asked if the protective covenants could be amended by the Board of
Adjustments.
Mr. Chavez said no, that it would not be appropriate. The protective covenants are included in the
zoning ordinance for the property, and that only city council can amend the ordinance.
Lengthy discussion followed regarding the protective covenants and the restrictions placed on any
zoning, including the current Office District zoning.
Mr. Chavez said that the protective covenants should be reviewed and possibly amended. The
Protective Covenants are development agreements between the property owner and the City. These
were established in 1986 with the rezoning of the property to the Office District.
Chairman Bottke stated that she could not see the Commission recommending anything that went
against a deed restriction.
Chairman Bottke opened the ~loor to anyone wishing to speak for/against the requested zoning
change.
Mr. John Mitchell of 4301 Queen Circle asked for a recap of the zoning request, to which
Chairman Bottke responded.
Motion to close the Public Hearing - DePrater; second - Crocker. The motion passed with an
unanimous vote.
Chairman Bottke asked if the required public notices were sent, and if staff had received any
responses from the surrounding property owners within 200' of the 18.75 acre tract.
Mr. Chavez said yes, and that one notice was returned. The response was from Dr. Gifford.
Further discussion followed regarding the protective covenants and the City's authority over those
covenants.
Motion to table this request until the developer can review the covenants and staff can get with
the City Attorney concerning the City's authority - Motion - Swerdloff; second - Wagner.
Commissioner Crocker said that it is not necessary to table the zoning request contingent on settling
the protective covenant issue. Discussion followed.
DePrater- aye; Wagner- aye; Hilyard - aye; Crocker- no; Swerdioff- aye; Bottke - aye.
The zoning request tabled until 12-27-94.
6. OTHER BUSINESS
Mr. Chavez received a letter of resignation from Chairman Julie Bottke. She is resigning from the
Planning & Zoning Commission effective upon closure of this meeting. Commissioner Bottke will
be moving out of the city. Mr. Chavez also received a resignation letter from Commission Jim
Wagner. Commissioner Wagner's resignation is also effective as of this date. A copy of both letters
will be made available to the City Manager and City Council.
7. STAFF REPORTS
a. There are two items scheduled for the Commission's agenda on 12-27-94: a request
from Texaco for an extension of the Specific Use Permit for the property located at
the comer of South Colony and Main Street; and the zoning request for the 18.75
acre tract on Main Street (Gifford property).
Commissioner Hilyard asked about the status of the Thoroughfare Plan.
Mr. Chavez advised that it had not been formally presented to the City Council and had only been
addressed in a Work Session. It is anticipated to go before the Council in January or February.
With no further business to address, Chairman Bottke adjourned the meeting at 8:20 p.m.
ChazrmaYi- Pro-tern Barbara ~r-0~k~ ~
ATTEST:
Sharon E. Sebera, Recording Secretary
M IN-UTES OF THE PLANNING AND ZONING COM~HSSION I
_ _ [ December 27, 1994 [
The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was
called to order at 7:30 p.m. on the 27th day of December 1994, at City Hall with the following
members present:
Place 1 Vacant
Place 2 Vacant
Cindy DePrater Present
Steven Swerdloff Present
Barbara Crocker Present
Lyle Hilyard Present
Jan Cottle Present
and with five members present, a quorum was established and the following items were addressed:
Selection of a Chairman Pro-tern: Mr. Chavez advised the Commission of the need to select a
Chairman Pro4em to conduct tonight's meeting. Commissioner Swerdloffnominated Commissioner
Crocker - seconded by Commissioner Hilyard and agreed to by all present.
1. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE REGULAR SESSION
HELD DECEMBER 13, 1994.
Motion to approve the minutes of December 13, 1994 with amendments as noted - Hilyard; second
- DePrater. Approved: 6-0
2. CITIZEN INPUT
None.
ITEMS FOR CONSIDERATION
3. 12-94Z1 Gifford Property/DeWayne Snider:
A request to rezone an 18.73 acre tract presently zoned for the (O-1) Office District to the (GR)
General Retail District and the (LC) Light Commercial District located south of N. Colony
Boulevard, on the west side of Main Street (F.M. 423).
Mr. Chavez said that this case was continued by the Planniag & Zoning Commission at their
December 13, 1994 meeting in order to allow staffand the applicant to review the process that needs
to be taken with regard to the protective covenants on the property which are attached to the original
zoning. Staffhas reviewed the protective covenants, the Council minutes of 1986 and has consulted
with the city attorney.
The applicant ridded various questions l?om the Commission regarding the number of units proposed
in the mini-storage warehouse, the hours of operation, lighting and outside storage.
Mr. Dewayne Snider, owner's representative, said that at this time it is not known how many units
can be constructed on the property, and that his understanding is that the operation would not be
open for business 24 hours a day. The lighting will be on the building itself and that there will not
be any outside storage.
Lengthy discussion regarding fire wall regulations followed.
Mr. Chavez said that fire walls are required between each unit only in buildings that exceed 10,000
square feet per dty ordinance. This is more restrictive than the Uniform Building Code requirement.
Commissioner Hilyard said he is concerned about the storage offlamables.
Mr. Chavez said that fire protection is addressed in the Uniform Building Code.
Mr. Snider said he was sure that they would have some type of control over the storage of flamables
in the mini-storage warehouse.
Discussion followed regarding the amount of Light Commerdal (12.5 acres) that would be developed
with mini-storage warehouses.
Commissioner Itilyard said he would prefer recommending a maximum percentage of the light
commercial district that could be devdoped as mini-storage warehouse.
Chairman Pro-tem Crocker said that these type of restrictions could be addressed at the site plan
process.
Commissioner I-rtlyard said that he would like to see 100% brick on all of the exterior walls on both
the mini-warehouses and office warehouse.
Discussion regarding the possibility ofrezoning the entire 18 acre tract to the general retail district.
Chairman Pro-tern Crocker said that the Commission needs to deride on whether to recommend
tither a planned development district zoning or ~ straight light commercial and general retail district
zoning.
Discussion followed on the benefits of either zoning.
Mr. Chavez said that staffs recommendation for a planned development district is due to the
2
restrictions that could be attached to the ordinance in this type of zoning. The Commission has
discussed development criteria that can not be attached to a straight zoning district.
Commissioner DePrater said that she did not want to see the use of metal products on the exterior.
Commissioner Swerdloff asked staff for its reasoning for requiring brick on the south and east
exterior walls of the light commercial district.
Mr. Chavez said that staffis recommending 100% brick on the east and south sides of the exterior
walls due to their exposure to the residential areas. The recommended landscape screening is also
due to these same factors.
Further discussion concerning fire wall requirements.
Commissioner Swerdloff said that customers storing property in the facility, store property at their
own risk.
Commission Itilyard said that his concern is over the safety of the city's fire personnel. It was noted
that the Fire Marshal can inspect the buildings at any time.
Mr. Chavez said that should the Commission approve the planned development district zoning, the
applicant will be required to submit a site plan for approval and that at that time all of the conditions
of approval will be addressed. Fire code regulations will also be addressed by the Fire Marshal and
the Building Official.
Commissioner I-rflyard said that he is concerned over the fact that there are no city guidelines
regarding the exterior of commercial buildings.
Discussion continued regarding the recommended landscape screening.
Mr. Snider said that requiting landscaping all around the perimeter of the area would be fairly
extensive.
Commissioner Cottle asked staff if the city has classified "Dryvit" materials as an approved
construction material.
Mr. Tom Cravens said that it is an approved product in the construction industry, however, the city
has no masonry exterior content requirements for commercial buildings.
Lengthy discussion followed regarding the use of concrete masonry unit (CMU) and Dryvit products.
Commissioner DePrater said that she would prefer that the masonry used on the project not be
painted CMU.
Commissioner Cottle said that she is in agreement with Commissioner Hilyard (placing a requirement
on the exterior materials to be used); and that whatever is decided, needs to be consistent.
3
Mr. Cravens said that there is a natural tree line to the north and partially on the west side of this
property.
Mr. Snider said that the mini-storage warehouses would most likely be placed in an east/west
direction.
Mr. Chavez said that the basis for staffs recommendation for a planned development district is to
provide additional development criteria on the property in order to limit uses that are less compatible
with the surrounding area, and to provide additional landscape and screening requirements.
Discussion was held to possibly recommend a General Retail zoning and require a Specific Use
Permit for the mini-warehouses.
Mr. Chavez said that this could be done and that the mini-storage warehouse could be assessed for
its appropriateness during the specific use permit process. However, development criteria could not
be placed on the general retail district through a straight zoning change.
Lengthy discussion followed regarding different types of masonry used in the industry and its
aesthetic quality.
Mr. Snider said that he had agreed to anything that was visible in the Light Commercial would be of
a masonry construction, however, the inside would be metal, to a security fence around the mini-
storage warehouse area and landscaping those areas that are visible. In the general retail district,
construction would probably be of a masonry product and the back wall of painted CMU.
Commissioner Hilyard made a motion to recommend approval of a Planned Development
District for General Retail and Light Commercial District; the Light Commercial consisting
of office warehouse and mini-storage warehouse development, with a maximum of 50% of
Light Commercial to be developed as mini-storage warehouse; the exterior of all buildings in
General Retail and Light Commercial to be approved during the site plan approval process,
landscaping be utilized all around the perimeter of the mini-storage warehouse, and the height
be one story or 17 feet. .-
Discussion followed regarding the existing requirements of the city's landscape ordinance and the
amount of natural foliage on the site.
At, er further discussion, Commissioner Hilyard amended the original motion.
Motion to recommend approval of the chanl~e in zoning, subject to all staff stipulations with
the following amendments; a maximum of 50% of Light Commercial l)istrict shall be
developed as mini-storage warehouse, and the exterior facades of all buildings in General
Retail and Light Commercial shall to be approved during the site plan approval process.
Second - DePrater. Approved 5-0
PUBLIC HEARING
4
4. 12-94SUP1 TEXACO/J.P. WOODSON:
A request for a time extension on a specific use permit for the sale of alcohol, including beer and wine
for off-premise consumption located at the southeast corner of the intersection of S. Colony
Boulevard and Main Street (F.M.423). Currently zoned (GR) General Retail District with a specific
use permit for the sale of alcohol, including beer and wine for off-premise consumption.
Chairman Pro-tern Crocker opened the Public Hearing
Mr. Chavez said that the applicant has requested a time extension on the specific use permit due to
the reasons stated in the applicant's letter included in your case packets. The special use permit on
the site expires on December 31, 1994. Staff has reviewed the zoning requirements for the granting
of a specific use permit for the sale of alcoholic beverages. The site conforms with the zoning
requirements. Staff recommends approval of the extension to April 1, 1995.
Chairman Pro-tern Crocker asked the applicant if all they were waiting on were the gas pumps.
Mr. J. P. Woodsort, applicant, said yes. With the new EPA requirements in place, the factories are
backlogged and can not produce the gas pumps in a timely manner.
Commissioner Swerdloff asked about the status of the construction in the other areas of the store.
Mr. Woodson said that the AC/HV and ceramic tile are in place and that the counters would be in
place in January. He does not want to open the store, even if completed, without being able to sell
gasoline in order to provide the complete package.
Commissioner I-Iilyard said the last time this item was addressed, the question of money was
discussed. Is that still a concern.
Mr. Woodson said that they do not want to build anything they can not pay for. The coolers are in
place at this time and he can not get a guaranteed date of delivery for the gas pumps. The anticipated
complete finish-out on the interior is February.
There was no public input.
Motion to close the Public Hearing and recommend approval of an extension of the Specific
Use Permit to April 1, 1995, subject to all staff stipulations - Swerdioff; second - Bayard.
Approved ~0.
6. OTHER BUSINESS
Discussion regarding appointment of a Chairman and ~r~ce-Chairman. Commissioner Swerdloff said
he would prefer to wait until a full Commission is seated. He also asked for access to a copy of
Robert's Rules of Order. Chairman Crocker has a copy of procedural regulations and will provide
a copy to Ms. Sebera and Mr. Chavez for distribution.
Discussion followed regarding setting an orientation session for the Commission and discussion of
these procedures would be addressed.
Also discussed was the seminars held at NCTCOG - the Commission expressed their desire to have
someone come in-house instead of traveling to Arlington.
7. STAFF REPORTS
A. Mr. Chavez said that there is one item scheduled for the January 10th Commission meeting. This
will be a request for a replat on the Colony Park Shopping Center.
With no further business, the meeting was adjourned at 9:20 p.m.
Chairman Pro-tern Barbara Crocker
ATTEST:
Sharon E. Sebera, Recording Secretary