HomeMy WebLinkAbout2000 P&Z Planning and Zoning Commission January 11, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON JANUARY 11, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 11TM of January 2000, at City Hall with the
following members present:
DeVille Hubbard, Vice Chair
Cathy Wood
Kirk Mikulec
William Jamme
Staff.' Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
With four (4) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES:
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on November 30, 1999.
Motion to approve the minutes for the meeting held on November 30, 1999,
Commissioner Wood; Second, Commissioner Jamme. Motion carried 4-0.
3.0 PUBLIC HEARING
3.1 A request for approval of a Specific Use Permit under Section 10-900 of the
Comprehensive Zoning Ordinance for the sale of liquor, beer and wine, upon
application of Stables Restaurant, located on Lot 2, Block A of the Lago
Vista Addition, being a 1.8756 acre tract located in the B.B.B. and C.R.R.
Survey, Abstract NO. 173, in the City of The Colony, Denton County, Texas.
(99-SUP008)
Vice Chairman Hubbard opened the public heating at 7:04 p.m.
Mr. Hampton began his presentation by stating a request has been made for approval of a
Specific Use Permit for the sale of liquor, beer and wine, at the proposed Stables
Restaurant, located on Lot 2, Block A of the Lago Vista Addition.
In accordance with the City of The Colony Code of Ordinances, a site plan must be
submitted and made an exhibit of the SUP ordinance. The site plan was reviewed by the
Development Review Committee on December 16, 1999, but the applicant has not
Planning and Zoning Commission January 11, 2000
submitted revised plans based on the comments given to them at that meeting. Staff will
require additional information to make a recommendation.
Seventeen (17) notices were mailed to the property owners within 200' of the subject tract.
At this time two (2) responses in favor of the SUP, (2) responses opposed to the SUP and 1
undecided have been received. Two SUP request signs have been placed on the property
per city ordinance.
Mr. Tim House, representing previous ownership by Limited Partnership, spoke in favor of
the Stables Restaurant development.
Mrs. L. Sullivan of 4604 Sarasota Drive had three concems: 1. What will be behind these establishments to block the view from their backyard?
2. Will this effect the property value?
3. Will there be an outside patio in this restaurant?
Mr. Persaud stated an eight foot masonry wall or large trees will be used once lots abut to
residential areas. This development does not. When they do this will be addressed.
He also stated this area was rezoned in 1996 from Agriculture to General Retail. Therefore
rezoning should not be an issue in regards to notification prior to purchase of their home.
Mr. Persaud also informed them that, at this time, there is no plans for an outside patio.
Mr. Sullivan of 4604 Sarasota Drive said water is pouring off the lots and running down the
alley behind their residence.
Abel Saldafia, City Engineer stated he is not aware of a drainage problem on any of the three
lots. Run off increases because of grade and less water absorption due to soil disturbance.
He will investigate further.
Mr. Don Blackwood of Limited Partnership, previous owner of the property, made the
following remarks regarding Mr. and Mrs. Sullivan's concerns: 1. The new grading has a gradual slope.
2. There will be additional fill on low areas of both lots but particularly on the
south side of lot 3.
3. A plan is being implemented to plant a living screen the complete length east to
west. Racetrac will plant on the north side of Angelina's
Mr. Sullivan then questioned filling in the pond on the property. He felt the pond was a
collection for mn-off.
Mr. Blackwood stated the pond was generally dry and was not a collection for water mn-off.
Mr. Sullivan then asked if lot 3 will be higher than his lot?
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Planning and Zoning Commission January 11, 2000
Mr. Blackwood assured the Sullivans there will be a tapered berm and nice landscaping to
the west and north.
Mr. Doug Almond, owner of Stables Restaurant, was also present to answer questions.
Staff recommends postponing the public hearing on the site plan and SUP for Stables
Restaurant until further submittal and review.
Vice Chairman Hubbard closed the public hearing at 7:30 p.m.
Motion to table the site plan and SUP for Stables Restaurant until the January 25th
Planning and Zoning Meeting, Commissioner Wood; Second, Commissioner Mikulec.
Motion carried 4-0.
3.2 Hold a public hearing and consider making a recommendation to City
Council regarding an amendment to Chapter 6, Article II "Signs" of the City
Code of Ordinances, to provide for an increase in the letter/logo height in
attached signs where the building setback is increased beyond the required
setback.
Vice Chairman Hubbard open the public hearing at 7:31 p.m.
Mr. Persaud explained the following proposal for recommendation to the Council:
Maximum letter/logo height: Shall be determined by the following schedule, and
is based on the sign height being measured from the base of the sign to the
ground.
Sign Height Maximum Letter/Logo Height (inches)
Between 0-36 feet 36
Between 37-48 feet 48
Between 49-100 feet 60
Between 100 feet and up 72
The maximum letter/logo height may be increased by 1 (one) inch for every 5
(five) feet of additional building setback in cases where the building setback is
increased beyond the required setback.
Where the sign is totally composed of individually mounted letters, either one
letter or logo may be twenty-five (25) percent taller than the specified maximum
letter/logo height.
Commissioner Jamme was concerned about the Wal-Mart signage. Mr. Persaud assured
Commissioner Jamme that Wal-Mart would be in compliance with the above
recommendation without a variance.
Planning and Zoning Commission January 11, 2000
Commissioner Deville questioned how the proposal was determined. Mr. Persaud said it
was developed through polling neighboring cities and visual graphics to the scale of the
building.
Staff would like to obtain a recommendation from P & Z to Council for the first Council
Meeting in February.
Vice Chairman Hubbard closed the public hearing at 7:40 p.m.
Motion to make a recommendation to City Council regarding an amendment to
Chapter 6, Article II "Signs" of the City Code of Ordinances, to provide for an
increase in the letter/logo height in attached signs where the building setback is
increased beyond the required setback, Commissioner Wood, Second,
Commissioner Jamme. Motion carried 4-0.
4.0 OTHER BUSINESS
Commissioner Wood asked Mr. Persaud about filling the open P & Z Commissioner
position. Commissioner Mikulec wanted to know if recommendations are being
solicited. Mr. Persaud informed them the Council is dealing with the replacement and he
will contact them regarding their progress.
5.0 STAFF REPORTS
5.1 Director's Report
Thc resolution for the proposal of the Office Creek Drainage Study has bccn published in
the local paper. The schedule for proposal of the resolution will fall on regular meeting
nights.
Future agenda items will bc The Stables and Jack-in-the-Box. Stonecastle requested they
bc removed from the agenda until further notice.
With no further business, thc meeting adjourned at 7:55 p.m.
Deville Hub"b'~, \
Vice Chairperson
ATTEST:
.... Sandy VJ:fndersaar
Recording Secretary
4
Planning and Zoning Commission January 25, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON JANUARY 25, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 25TM of January 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
DeVille Hubbard, Vice Chair
Cathy Wood
Kirk Mikulec
William Jamme
DeWayne Snider
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
With six (6) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES:
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on January 11, 2000.
Motion to approve the minutes for the meeting held on January 11, 2000,
Commissioner Wood; Second, Commissioner Jamme. Motion carried 6-0.
3.0 PUBLIC HEARING
3.1 A request for approval of a Specific Use Permit under Section 10-900 of the
Comprehensive Zoning Ordinance for the sale of liquor, beer and wine, upon
application of Stables Restaurant, located on Lot 2, Block A of the Lago
Vista Addition, being a 1.8756 acre tract located in the B.B.B. and C.R.R.
Survey, Abstract NO. 173, in the City of The Colony, Denton County, Texas.
(99-SVP008)
Chairman Agnew opened the public hearing at 7:01 p.m.
Mr. Hampton began his presentation by stating a request has been made for approval of a
Specific Use Permit for the sale of liquor, beer and wine, at the proposed Stables
Restaurant, located on Lot 2, Block A of the Lago Vista Addition.
Planning and Zoning Commission January 25, 2000
In accordance with the City of The Colony Code of Ordinances, a site plan must be
submitted and made an exhibit of the SUP ordinance. Following is a review of the site
plan:
Utilities
The site will be serviced by a 12" water line along FM 423. The
developer will extend an 8" sanitary sewer line along the western
property line that currently serves Angelina's. A 6" sanitary sewer
line will nm from the rear of the building and connect to the 8"
line.
Access
The site will not have direct access onto FM 423. The mutual
access easement provided on the final plat for lots 1, 2 and 3 of the
Lago Vista Addition will be used for circulation. Additionally, a
driveway aisle is proposed on Lot 3 to access the southernmost
parking spaces. A mutual access easement is required to be filed
with Denton County before a building permit is issued.
Parking
One (1) parking space for every 50 sq. ft. of dining area is
required. With 2,686 sq ft of dining area, including 1000' of
outdoor dining, a total number of 54 parking spaces are required.
Sixty-three (63) parking spaces, including two (2) handicapped
spaces, have been provided.
Fire hydrants and fire lanes
The fire lanes meet City requirements. One hydrant will be
installed along the fire lane at the southeast corner of the lot to
serve the development. Placement of the hydrants has been
approved by the Fire Marshal.
Dumpster screening
Dumpster will be screened from public view using materials
consistent with those of the primary structure.
Landscaping and buffering
The landscaping plan meets or exceeds all requirements as per the
landscape ordinance of the City.
Signage
All signage shall be in accordance with City specifications.
External Lighting
The applicant is proposing that there be no external lighting on the
site.
Sidewalk
A 5' sidewalk shall be provided along FM 423.
Seventeen (17) notices were mailed to the property owners within 200' of the subject tract.
At this time two (2) responses in favor and two (2) responses in opposition of the SUP had
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Planning and Zoning Commission January 25, 2000
been received. Also, one (1) property owner responded as 'undecided' about the SUP. Two
SUP request signs have been placed on the property per city ordinance.
Mrs. L. Sullivan of 4604 Sarasota Drive is still concerned with water run-off down their
alley and what type of screen will be used to block the view of this development from their
backyard.
Mr. Hampton stated Mr. Abd Saldafia, City Engineer, informed him there is a natural spring
underneath this property. Commissioner Hubbard assured her that only a licensed irrigator
will install the sprinkler system. Therefore, there will be very little run-off from the
sprinkler system. Mr. Persaud stated there is an undeveloped lot between this development
and the alley and this will be addressed more extensively when that vacant lot is developed.
He also stated once again that the developers are not required to furnish a masonry wall or
living wall behind these establishments until the remaining Lot 3 is developed.
Mr. John Davis of 4616 Sarasota Drive would like to know who will be responsible for
maintaining a living boundary. He is also concerned that a living wall will not discourage
trespassing. He would like the developers to reconsider the living wall and construct a
masonry wall instead.
Ms. Patricia Alderman of 4612 Sarasota Drive feels trees in a living boundary will not
decrease noise like a masonry wall.
Mr. Andy Blake of 4301 Boca Raton is a member of the Home Owners Association and
feels that whatever is used as a divider from the development and the community be
environmentally friendly and well maintained.
Mr. Mark Cox of 4620 Sarasota would like to know how the living wall plans can be
changed to a masonry wall.
Mr. Persaud explained a variance to the ordinance would go before the Planning and Zoning
Commissioners and they would then make a recommendation to the City Council.
Mr. Peter Sullivan of 4604 Sarasota asked how long will the residence have to wait for a
wall.
Mr. Persaud said staff feels that when all development is complete then a boundary wall will
be established. There is a buffer yard between Stables and the alleyway. Therefore a
request can be made, but not required, because it doesn't abut a residential lot.
Mr. Sullivan requested that a boundary wall be erected prior to development of Lot 3.
Mr. Don Blackwood, of Limited Partnership made the following remarks regarding the
citizen's concerns:
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Planning and Zoning Commission January 25, 2000
1. Professionals have determined the drainage is irrigation mn-off from existing
homes. This bleed-off is leaching underneath to the north side of the alley.
2. The screening wall has been discussed at length. It is preferable to have a
living screen not a masonry wall. Red Tipped Photinias will be used and are
very tall and attractive. This was agreed to at the public hearing.
Mr. Persaud, staff, and commissioners are concerned about external lighting mainly for
safety.
Mr. Blackwood stated the owners will work with the City and citizens regarding the external
lighting.
Mr. Buck Stout with Benchmark Development Corporation, said he will be happy to work
with staff to implement their lighting requirements.
The Staff recommends approval of the site plan and SUP for Stables Restaurant subject to
the following stipulations:
1. Engineering plans to be approved in accordance with City
specifications.
2. Relocate the proposed fire hydrant at the southeast comer of the
lot so that it is adjacent to the fire lane.
3. The following easements must be filed with Denton County
before a building permit is issued:
a. The mutual access easement for the fire lane located on
Lot 3, Block A.
b. A 15' utility easement along the western property line for
the proposed 8' sanitary sewer line.
c. A 10' utility easement adjacent to the Right-Of-Way of
FM 423 for the future 24-inch water main. Relocate the
proposed monument sign so that it is outside of this 10'
easement.
4. External Lighting shall be cut-off type luminaire and shall not
exceed 0.5 foot candles when measured three feet above grade at
the property line.
Mr. Doug Almond, owner of Stables Restaurant, was also present to answer questions.
Chairman Agnew closed the public hearing at 7:38 p.m.
Motion to approve a Specific Use Permit under Section 10-900 of the
Comprehensive Zoning Ordinance for the sale of liquor, beer and wine for on-
premise consumption in a restaurant, located on Lot 2, Block A of the Lago Vista
Addition, being a 1.87 acre tract located in the B.B.B. and C.R.R. Survey, Abstract
NO. 173, in the City of The Colony, Denton County, Texas. (99-SUP008) with staff
4
Planning and Zoning Commission January 25, 2000
stipulations, Commissioner Jamme, Second Commissioner Snider. Motion carried
6-0.
3.2 Hold a public hearing to consider land use assumptions that will be used to
develop a capital improvements plan, under which impact fees may be
imposed, for the Office Creek Drainage Watershed, a designated service area
located in the City of The Colony. (99-M019)
Chairman Agnew opened the public hearing at 7:43 p.m.
Mr. Persaud informed the Commission that Office Creek is a main conveyer of storm water
in the southern sector of the City along State Highway 121. Upstream of Main Street (FM
423), this creek drains a 1074-acre watershed in a westerly direction toward Lake
Lewisville. The watershed limits includes 379-acres of undeveloped property south of
SH121 that drain northerly through existing roadway culverts. The other 695 acres are
north of SH 121 and include existing residential development, some retail development,
some business park development, and a large portion that still remains as undeveloped
property. Office Creek drains through culverts at Main Street, Blair Oaks Road, Paige
Road, future South Colony Blvd., and Morning Star Drive.
Mr. Abel Saldafia, City Engineer and the land owners' consulting engineers have developed a
master drainage plan to insure that the infrastructure constructed will convey the ultimate
urbanized peak runoffs without roadway flooding or causing flooding of existing buildings.
Mr. Persaud stated the city needs to insure appropriate drainage infrastructure. Depending
on how the city intends to aid the situation, local residents, business parks, parks, schools,
and owners of undeveloped land may be subject to impact fees to cover the cost of further
adequate drainage. The City will pay its fair share. The remaining land will be classified
according to land use. Single-family dwellings have more permeable surface than business
parks, thereby reducing the amount paid by single-family residents. However, land that is
already developed may not be responsible for the fees as yet, but may be subject in the
future.
It is the Planning and Zoning Commissions responsibility in their capacity as the Advisory
Committee to make a recommendation to the City Council regarding Land Use
Assumptions.
Mr. Don Blackwood of Limited Partnership informed the Commissioners that he
recommends the higher impact fee. The higher price range would be better for the 100 year
mn-off for the entire basin. This would eliminate the necessity for engineering studies each
time a new development begins.
Chairman Agnew closed the public hearing at 8:02 p.m.
Motion to approve land use assumptions that will be used to develop a capital
improvements plan, under which impact fees may be imposed, for the Office Creek
5
Planning and Zoning Commission January 25, 2000
Drainage Watershed, a designated service area located in the City of The Colony.
(99-M019), Commissioner Wood; Second Commissioner Jamme. Motion carried
6-0.
4.0 ITEMS FOR CONSIDERATION
4.1 A request for approval of a landscaping plan for Piano Parkway. (2000-
MO01)
Mr. Persaud stated The Development Review Committee reviewed this item at its meeting
on January 13, 2000. Shirlene Weisman, who has been working on a water conservation
plan for the City of The Colony, also attended the DRC meeting and issued a letter
highlighting the benefits of mesquite trees in this plan. Staff recommends approval of the
landscaping plan with the following stipulations:
1. Landscape and irrigation plans to be submitted to City Engineer for approval and
release for construction.
2. No trees are allowed in the visibility triangle.
3. Trees shall be installed so that they are no closer than 2 ½' to a water or sewer line.
4. Trees shall be installed no closer than 3' to a curb.
5. Trees located in the median of Plano Parkway shall be restricted to an 8' strip so that
removal of trees is minimized at the time of expansion of Plano Parkway.
6. Maintenance agreement with the Developer and The City.
Mr. Terry Attenberger, landscape architect with Mesa Design Group, presented
Billingsley Development's landscaping plan for Plano Parkway. The landscaping plan
for this area is a more native landscape environment. This concept would knit the
prairies and the drainage ways together with the use of native trees.
A portion of the right-of-way would incorporate the use of mesquite trees. This was of
great concern to the Planning and Zoning Commission members. Commissioners stated
that after a period of time, the right-of-way will be maintained by the City. Mesquite
trees are very difficult to control and maintain and are consider an inexpensive alternative
to landscaping.
Mr. Paul Nagler of Billingsley Development, assured the board that only the most
desirable trees are being used. Money is not the issue.
Mr. Lanny Lambert of 6800 Red Oak Trail felt very strongly against the use of mesquite
trees in the right-of-ways. He stated they are weeds and extremely hard to control.
Speaking on behalf of the City employees, who will be responsible for maintaining these
trees, they are unacceptable.
Mr. Bill Manning of 2 James Circle commended Billingsley Development for their
concept but doesn't approve of the use of the mesquite trees. He stated they are ugly.
His recommendation is that they be replaced by other drought tolerant trees.
6
Planning and Zoning Commission January 25, 2000
Mr. Jeff Tumer of Mesa Design Group, was also present to answer questions.
Motion to deny landscaping plan for Piano Parkway (200-M001), Commissioner
Mikulec, no Second. Motion failed.
Motion to approve the landscaping plan for Piano Parkway (2000-M001) with the
Staff stipulations and the additional stipulation that all mesquite trees on the right-
of-ways be replaced with another specie of tree, Commissioner Jamme; Second,
Commissioner Snider. Motion carried 6-0.
5.0 OTHER BUSINESS
Commissioner Wood asked Mr. Persaud about filling the open P & Z Commissioner
position. Mr. Persaud will obtain the current status from Council.
Chairman Agnew mentioned, in the past the Chairman of the Planning and Zoning
Commission serves two years. His term will expire and he has requested selection of a
Planning and Zoning Commission Chairman be placed on the February 8th P & Z meeting
agenda.
6.0 STAFF REPORTS
6.1 Director's Report
Future agenda items will be Stonecastle and Jack-in-the-Box.
With no further business, the meeting adjourned at 9:15 p.m.
~ ~~- -' JoeAgnew Chairman
Sandy V~dersaar
Recording Secretary
7
Planning and Zoning Commission February 8, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON FEBRUARY 8, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 8TM of February 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
DeVille Hubbard, Vice Chairman
Cathy Wood
Kirk Mikulec
William Jamme
Commissioner DeWayne Snider was absent.
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
Elizabeth Fitzgerald, Asst. Director of Public Works
With five (5) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on January 25, 2000.
Motion to approve the minutes for the meeting held on January 25, 2000,
Commissioner Wood; Second, Commissioner Jamme. Motion carried 5-0.
3.0 OTHER BUSINESS
3.1 Nomination and election of Chairperson and Vice Chairperson.
Commissioner Agnew was nominated for Chairman by Commissioner Hubbard; second
by Commissioner Jamme. Commissioner Hubbard was nominated for Vice Chairman by
Commissioner Wood; second by Commissioner Jamme. Both were elected by
acclamation.
4.0 CITIZEN INPUT
None
Planning and Zoning Commission February 8, 2000
5.0 PUBLIC HEARING
5.1 Hold a public hearing and consider making a recommendation to the City
Council with regard to an ordinance amending the Subdivision Ordinance of
the City, the same being Appendix B- Subdivision of the City's Code of
Ordinances, as amended, by providing for a street light policy and requiring
the installation of street lights in all new developments and providing for an
effective date. (99-M013)
Chairman Agnew opened the public heating at 7:07 p.m.
Chairman Agnew stated this item was tabled on the October 26, 1999 Planning and
Zoning Meeting in order for staff to gather additional information. He then turned the
presentation over to Elizabeth Fitzgerald, Assistant Director of Public Works. Ms.
Fitzgerald introduced Mr. Greg Whalin of Holophane Corporation. Mr. Abel Saldafia,
City Engineer was also available to answer questions.
After extensive discussion Commissioner Wood suggested all questions, corrections or
comments regarding the ordinance be faxed to Ms. Fitzgerald or Mr. Saldafia, by
February 11, 2000.
Motion to table recommendations to the City Council with regard to an ordinance
amending the Subdivision Ordinance of the City's Code of Ordinances, as amended,
by providing for a street light policy and requiring the installation of street lights in
all new developments and providing for an effective date, Commissioner Wood;
second Commissioner Jamme. Motion carried 5-0.
The public heating will remain open.
6.0 ITEMS FOR CONSIDERATION
6.1 Consider a request for variance to the Sign Ordinance with regard to the
height of a monument sign for Golden Corral Restaurant. (2000-M002)
After lengthy discussion the Planning and Zoning Commission expressed concem about
granting a variance when there is no justification to do so.
Item was withdrawn at the request of Mr. Mike McDaniel Golden Corral Restaurant
franchise holder.
6.2 Consider a request for variance to the Gateway Overlay District "GWY"
zoning district classification, Ordinance NO. 99-1149, with regard to the
landscape buffer and site landscaping requirements for Golden Corral
Restaurant. (2000-M003)
Planning and Zoning Commission February 8, 2000
Item was withdrawn at the request of Mr. Mike McDaniel Golden Corral Restaurant
franchise holder.
7.0 STAFF REPORTS
7.1 Director's Report
Future items on the agenda will include Stonecastle, Jack-in-the-Box and a possible
zoning change for a strip mall.
Mr. Persuad stated a letter was sent to Mr. Dennis Winzeler of Centex Multi-Family
Company regarding recreational vehicles and boats being parked, stored, and even
displayed for sale in the parking lot of the Bristol Oaks Apartments. This is a violation of
the City of The Colony Zoning Ordinance and will result in a citation being issued if not
corrected within ten (10) days from the date of the letter.
Courses are being offer at NCTCOG. Commissioner Mikulec would like to attend the
March 10, 2000 session on Subdivision Regulation. Other commissioners interested in
attending any courses should contact the Planning Department.
With no further business, the meeting adjourned at 8:55 p.m.
Joe Agnew ' -'-
S~d~y nd~ Chairman
Recording Secretary
Planning and Zoning Commission February 22, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON FEBRUARY 22, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:05 p.m. on the 22nd of February 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
DeVille Hubbard, Vice Chairman
DeWayne Snider
Kirk Mikulec
William Jamme
Commissioner Cathy Wood was absent.
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
With five (5) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on February 8, 2000.
Motion to approve the minutes for the meeting held on February 8, 2000,
Commissioner Jamme; Second, Commissioner Snider. Motion carried 5-0.
3.0 CITIZEN INPUT
None
4.0 PUBLIC HEARING
4.1 Consider a request for approval of a change in zoning from Planned
Development "PD-9" zoning district classification, designated for Shopping
Center "SC" and Single Family "SF" uses, to General Retail "GR" zoning
district classification for a tract of 5.12 acres, situated in the B.B.B. and
C.R.R. Survey, Abstract No. 173, located in the City of The Colony, Denton
County, Texas. (2000-Z001).
Chairman Agnew opened the public hearing at 7:06 p.m.
Mr. Michael Hampton began his presentation by stating a request for approval of change
Planning and Zoning Commission February 22, 2000
in zoning from Planned Development "PD-9" zoning district classification, designated
for Shopping Center "SC" and Single Family "SF" uses, to General Retail "GR" zoning
district classification for a tract of 5.12 acres, situated in the B.B.B. and C.R.R. Survey,
Abstract No. 173, located in the City of The Colony, Denton County, Texas. (2000-
Z001).
The subject tract was zoned Planned Development "PD-9" zoning district classification via
Ord. NO. 862 on October 17, 1994. The western half of the subject tract was part of a tract
designated for Shopping Center "SC" uses. The eastern half of the subject tract was
designated for Single Family "SF" uses.
The site is located at the southeast comer of South Colony Blvd. and Paige Road in an area
designated for future retail development, as illustrated on the future land use plan in the City
of The Colony's Comprehensive Plan which was adopted in June 1997. The tract is
currently zoned Planned Development "PD-9" zoning district classification, and designated
for Shopping Center "SC" and Single Family "SF" uses, in accordance with the
comprehensive zoning ordinance.
The subject tract is at the intersection of two major arterials, with existing
commercial/retail development on the other three comers of the intersection. The
proposed change to General Retail "GR" zoning district classification would be --
compatible with the surrounding land uses. The General Retail district will permit all
developments listed in the schedule of permitted uses, Section 10, Appendix A, Zoning of
the Code of Ordinances.
Future development of this site will be subject to plat and site plan approval to ensure
compliance with all applicable ordinances and requirements of the City.
Zoning Change signs were posted on the property and nine (9) property owner notifications
were mailed out to property owners within 200' of the site. Two responses in opposition of
the zoning change were received. Their concerns regarded the possibility of a liquor store
on the development. A beverage store can not be located on this property because of an
existing beverage store within 1000' feet of this location.
Mr. Bill Sheveland, developer of the property was not available to answer questions
pertaining to the zoning change.
Motion to table a request for approval of a change in zoning from Planned
Development "PD-9" zoning district classification, designated for Shopping Center
"SC" and Single Family "SF" uses, to General Retail "GR" zoning district
classification for a tract of 5.12 acres, situated in the B.B.B. and C.R.R. Survey,
Abstract No. 173, located in the City of The Colony, Denton County, Texas. (2000-
Z001), Commissioner Jamme; 2na Commissioner Hubbard. Motion carried 5-0.
Planning and Zoning Commission February 22, 2000
5.0 OTHER BUSINESS
None
Mr. Bill Sheveland of Paige/121 Partnership, Ltd. arrived. He explained that he thought the
meeting started at 7:30 p.m. Chairman Agnew reopened the public hearing on item 4.1.
After clarification the staff recommended approval of a change in zoning from Planned
Development "PD-9" zoning district classification to "SC" Shopping Center zoning district
classification.
Chairman Agnew closed the public hearing at 7:35 p.m.
Motion to approve a change in zoning from Planned Development "PD-9" zoning
district classification, designated for Shopping Center "SC" and Single Family
"SF" uses, to Shopping Center "SC" zoning district classification for a tract of 5.12
acres, situated in the B.B.B. and C.R.R. Survey, Abstract No. 173, located in the
City of The Colony, Denton County, Texas. (2000-Z001), Commissioner Hubbard;
second Commissioner Jamme. Motion carried 5-0.
6.0 STAFF REPORTS
6.1 Director's Report
Future items on the agenda will include Stonecastle and a plat for a strip mall.
With no further business, the meeting adjoumed at 7:40 p.m.
/Sandy Vd~dersaar
Recording Secretary
Planning and Zoning Commission March 14, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON MARCH 14, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:05 p.m. on the 14th of March 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
Cathy Wood
DeWayne Snider
Kirk Mikulec
Commissioner DeVille Hubbard and Commissioner William Jamme were absent.
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
With four (4) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on February 22, 2000.
Motion to approve the minutes for the meeting held on February 22, 2000,
Commissioner Snider; Second, Commissioner Mikulec. Motion carried 4-0.
3.0 CITIZEN INPUT
None
4.0 ITEMS FOR CONSIDERATION
4.1 Consider a request for approval ofa replat of Lots 5 and 6, Block 1, Wal-
Mart Addition, being a 3.1773 acre tract located in the H. Hedgecoxe Survey,
Abstract NO. 533, located in the City of The Colony, Denton County, Texas.
(2000-RP001)
Mr. Michael Hampton began his presentation by stating there has been a request for
approval of a replat of Lots 5 and 6, Block 1, Wal-Mart Addition.
Planning and Zoning Commission March 14, 2000
The 3.1773 acre tract was annexed into the City via Ordinance NO. 27 on March 20, 1979.
The tract was zoned to Business Park "BP" via Ordinance NO. 357 on August 5, 1985. The
tract was then zoned to General Retail "GR" on November 17, 1997 by Ordinance NO. 97-
1002. The final plat for the Wal-Mart Addition was approved by City Council on February
2, 1998.
The applicant is requesting the replating of Lots 5 and 6, Block 1 of the Wal-Mart addition
to create three lots for development. A site plan for Jack in the Box, located on the
proposed Lot R5, is running concurrently with the replat.
The replat shows Lot R5 with 0.8445 acres, Lot R6A with 1.002 acres and Lot R6B with
1.331 acres. A 24' fire lane and mutual access easement is proposed along the frontage of all
three lots intended to facilitate internal on-site traffic circulation.
All Right-Of-Way dedication/reservation for SH 121 at this location was accomplished
through the Wal-Mart Addition final plat.
The three lots are to be served by existing utilities.
The Development Review Committee recommends approval of 2000-RP001, a replat of
Lots 5-6, Block 1 of the Wal-Mart Addition with the following stipulations:
1. Engineering plans are to be approved in accordance with City specifications.
2. Mutual access easement is to be filed with Denton County before a building
permit is issued.
Motion to approve a replat of Lots 5 and 6, Block 1, Wal-Mart Addition, being a
3.1773 acre tract located in the H. Hedgecoxe Survey, Abstract NO. 533, located in
the City of The Colony, Denton with staff stipulations, Commissioner Wood; second
Commissioner Snider. Motion carried 3-1. Commissioner Wood, Snider, and
Agnew for; Commissioner Mikulee against.
4.2 Consider a request for approval of a site plan for Jack in the Box, located on
a 0.8445 acre tract being Lot R5, Block 1, Wal-Mart Addition, situated in the
H. Hedgecoxe Survey, Abstract NO. 533, located in the City of The Colony,
Denton County, Texas. (2000-SP001)
Mr. Hampton stated a request for approval of a site plan for Jack in the
Box, located on a 0.8445 acre tract being Lot R5, Block 1, Wal-Mart Addition,
located on the north side of SH 121 and west of FM 423 has been received.
The 0.8445 acre tract was annexed into the City via Ordinance NO. 27 on March 20,
1979. The tract was zoned to Business Park "BP" via Ordinance NO. 357 on August 5,
1985. The tract was then zoned to General Retail "GR" on November ! 7, 1997 by
Ordinance NO. 97-1002. The final plat for the Wal-Mart Addition was approved
2
Planning and Zoning Commission March 14, 2000
by City Council on February 2, 1998.
The applicant is requesting the approval of a site plan for a Jack in the Box fast-food
restaurant. A replat for Lots 5-6, Block 1, Wal-Mart Addition, is running concurrently
with the site plan. Development Review Committee has reviewed the site plan and the
following issues were addressed:
Access
No additional curb cuts are proposed off of SH ! 21. The site will
be accessed via the existing drive off of SH 121 that serves
Whataburger. A 24' mutual access easement is also proposed in
front of the restaurant that will serve the adjacent lots to the west
and provide for onsite circulation of traffic.
Parking
The parking requirement for restaurants is one space for every 50'
sq. ft. of dining area. The proposed 1,070 sq. ft. of dining area
requires 22 parking spaces. The applicant exceeds the requirement
by providing 37 spaces, including two handicapped accessible.
Utilities
The development will be serviced by existing utilities from the
Wal-Mart master plans.
Landscaping
All landscaping either meets or exceeds the City's requirements
Signage
All signage will be in accordance with City specifications.
Fire Protection
Fire lanes shown on the site plan are in accordance with City
requirements. One additional fire hydrant will be installed at the
southwest comer of the lot to meet City spacing requirements.
External Lighting
External lighting shall consist of high-pressure sodium or metal
halide with a cut-off type luminaire, and not to exceed 0.5 foot
candles when measured three-feet above grade at the property line.
Planning and Zoning Commission March 14, 2000
Gateway "GWY" Overlay Zoning District Guidelines
Additional development standards in the SH 121 GWY District
(Ord. 99-1149) are applicable to the site.
· Rear faCades must be of a finished quality and consist of colors
and materials that blend with the remainder of the building.
· Dumpster to be screened from public view with materials
consistent with the external material of the main structure.
· Rooftop mechanical equipment shall be screened from view
fi.om all adjacent properties and public fight-of-ways.
Development Review Committee recommends approval of 2000-SP001, a site plan for Jack
in the Box, subject to the following stipulations:
I. Engineering plans are to be approved in accordance with City
specifications.
2. Mutual access easement is to be filed with Denton County before
a building permit is issued.
Mr. Terry Musselman of Mayse & Associates, Inc. 14850 Quorum Drive, Suite 201, Dallas,
Texas 75240-7576 was present to answer any questions.
Motion to approve request for approval of a site plan for Jack in the Box, located on
a 0.8445 acre tract being Lot RS, Block 1, Wal-Mart Addition, situated in the H.
Hedgecoxe Survey, Abstract NO. 533, located in the City of The Colony, Denton
County, Texas. (2000-SP001) with staff stipulations, Commissioner Wood; second
Commissioner Agnew. Motion carried 3-1. Commissioner Wood, Agnew, and
Snider for; Commissioner Mikulec against.
4.3 Consider a request for approval of a final plat for Stewart Peninsula
Northshore, being a 35.905 acre tract located in the Samuel Chowning
Survey, Abstract NO. 244, the Patrick O'Leary Survey, Abstract NO. 978 and
the R.G. Dunlap Survey, Abstract NO. 352, in the City of The Colony, Denton
County, Texas (2000-FP001).
Mr. Harry Persaud began his presentation by stating a request to consider
approval of a final plat for Stewart Peninsula Northshore has been received.
The 35.905 acre tract was annexed into the city on July 2, 1984 via Ordinance NO. 282. It
was later zoned Planned Development "PD-8" on December ! 9, 1996 via Ordinance NO.
954.
4
Planning and Zoning Commission March 14, 2000
The final plat for Northshore is the last residential phase in the Stewart Peninsula
development to be platted. The final plat shows 106 residential lots, as opposed to 121 on
the preliminary plat. Northshore proposes a density of 2.95 dwelling units per acre. This
brings the total number of lots for Stewart Peninsula to 760 lots over 215.652 acres,
bringing the total density for Stewart Peninsula to 3.52 dwelling units per acre, which is
under the 3.64 dwelling units per acre as prescribed in the ordinance.
Area regulations are stipulated per tract in the Planned
Development ordinance.. The minimum requirements for each
tract and parcel have either been met or exceeded by the developer.
An amenity center is proposed for Lot 29, Block K of this tract.
This lot will be the location for a proposed swimming pool to serve
the development. A site plan for the proposed development on this
lot will be subject to site plan approval. The applicant is requesting
a variance to the Engineering Design Manual for the 375'
minimum street centerline radius for local residential streets. The
applicant will be present at the meeting to present the final plat.
The Development Review Committee recommends approval of the final plat
for Stewart Peninsula Northshore subject to the following stipulations.
1. Approval of engineering plans in accordance with City
specifications.
2. Label Lot 29, Block K as the Amenity Center.
3. The developer shall install appropriate traffic control
signage on Westway Drive to be approved by the City
Engineer.
Mr. Rusty Nichols of Stewart Peninsula Development Parmers, 200 Cottonwood Springs
Circle, The Colony, Texas 75056, and Mr. Russell Fielder of Carter Burgess, Inc., 7950
Elmbrook Drive, Suite 250, Dallas, Texas 75247, were present to answer questions.
After lengthy discussion Mr. Nichols assured the commission he is in agreement that the
speed limit must be lowered and appropriate signage will be installed.
Motion for approval of a final plat for Stewart Peninsula Northshore, being a 35.905
acre tract located in the Samuel Chowning Survey, AbStract NO. 244, the Patrick
O'Leary Survey, Abstract NO. 978 and the R.G. Dunlap Survey, Abstract NO. 352, in
the City of The Colony, Denton County, Texas (2000-FP001) with staff stipulations,
Commissioner Mikulec; second Commissioner Wood. Motion carried 3-1.
Commissioners Wood, Mikulec and Agnew for; Commissioner Snider Against.
Planning and Zoning Commission March 14, 2000
4.4 Consider a request for approval of a Development Plan with regard to a tract
of approximately 100 acres situated in the B. B. B. & C. R. R. Co. Survey
Abstract No. 174; the R. P. Hardin Survey Abstract No. 611 and the William
Bridges Survey Abstract No. 112, located north of SH 121, east of
Morningstar Dr, south of Memorial Dr, and west of the railroad, in the City
of The Colony, Denton County, Texas. (2000-M005)
Mr. Persaud stated a request has been made for approval of a Development Plan for an
office/warehouse development.
The 103.438 acre tract was zoned Planned Development "PD-9" on October 17, 1994 via
Ordinance NO. 862. An area approximately 271.21 acres located south of and abutting the
proposed Memorial Drive was then rezoned on July 26, 1999 to create Planned
Development "PD 16" via Ordinance NO. 99-1129. The subject tract was shown as 'Tract
E' in the Planned Development "PD-16" ordinance.
First Industrial Development Services, L.P., is requesting approval of a Development Plan
for a tract of 103.438 acres located east of Momingstar Drive, west of the Railroad, north of
SH 121 and south of Memorial Drive. The Development Plan is required under Section 10-
660 of the City's Comprehensive Zoning Ordinance. The Development Plan for the tract
deals primarily with the major infrastructure networks planned for the entire tract. Final plat
and site plan approval for a specific development on this tract will be required before
issuance of a building permit, under Section 10-664 (c) of the Comprehensive Zoning
Ordinance.
The proposed Development Plan shows a conceptual layout for 1.129 million square feet of
Office/Warehouse development. It is proposed to construct ten (10) buildings varying in
size from 83,200 sq. ft. to 156,400 sq. ft., each providing offices and warehouses in
accordance with a schedule shown on the development plan.
Permitted uses:
In addition to General Retail "GR" and Business Park "BP" uses,
"processing or light industrial uses" (not listed in Section 10-200 of
the Zoning Ordinance) and warehouse shall be permitted on tract E
and shall be regulated by performance standards in accordance with
Section 10-400 of the Zoning Ordinance. "Laboratory,
manufacturing" as listed in Section 10-200 of the Zoning Ordinance
shall be allowed with a Specific Use Permit (SUP) to be obtained in
accordance with applicable procedures in Section 24-100 of the
Zoning Ordinance. All developments on tract E shall comply with
the Floor Area Ratio (FAR) limitations listed below.
Floor Area Ratio:
The overall cumulative Floor Area Ratio (FAR) for tract E shall be
a maximum of 1:1, subject to the following maximum FAR's by --
type of use:
Planning and Zoning Commission March 14, 2000
Retail/Commercial: 0.45:1
Office/Warehouse/Light Industrial: 1:1
General Office: 1:1
Gateway "GWY" Overlay Zoning District Guidelines
The development will comply with all the requirements set forth in
the Gateway "GWY" Overlay zoning district classification.
Access
The approved City of The Colony Thoroughfare Plan shows
Memorial Drive as a 6 lane divided arterial '6D-A' with a 120 feet
Right-Of-Way. A variable width R.O.W. exists for the future
development of SH 121 and no further dedications are required. The
Development Plan for Tract E complies with the Access Plan from
the Legends Development Plan. The proposed median openings along
Momingstar Drive and Memorial Drive comply with the Access Plan.
At the time of platting the location and design of median openings
shall comply with City of The Colony and TxDot specifications, and
shall be designed and constructed in accordance with approved City
of The Colony standards.
Traffic Study
Staff requested a traffic study to show the on site circulation and
levels of service of trip generation on perimeter streets. The
developer has consulted with a traffic engineer from ITS who will
present a report during this meeting.
Water and Sanitary Sewer Layout
The Development Plan for the overall Legends non-residential
development showed that an 8" sanitary sewer line is proposed for
Memorial Drive along the north property line of the subject tract.
Along SH 121 on the south property line, a 10" sanitary sewer and a
12" water line is proposed. A 20 feet utility easement has been
provided for a sanitary sewer gravity main and a sanitary sewer force
main west of and abutting the railroad on the east property line of the
subject tract.
DrainaRe:
The development will be subject to Drainage Impact Fees for both
the Office Creek drainage improvements and stream SC-lA
drainage improvements.
The Development Review Committee recommends approval of the Legends Development
Plan for Tract E, as shown on the concept plan and SH 121 "GWY" District Outline, with
the following stipulations:
Planning and Zoning Commission March 14, 2000
1. Site plan and plats are to be approved in accordance with City
code of ordinances before a building permit is issued.
2. Tree removal shall comply with City Ordinance NO. 97-983.
3.Drainage Impact Fees for stream SC-lA and the Office Creek
watersheds must be paid with final plat approval.
4. The development plan is subject to the recommendations of the
traffic study, as presented by ITS and subject to approval by
the City Engineer.
5. The developer will install a deceleration lane on SH 121 for
northbound traffic on Momingstar Drive.
6.Developer will participate in the cost of a traffic signal at
Momingstar Drive and Highway 121.
7.Internal street ROW widths as recommended by the traffic
study are subject to review and approval by the City Engineer.
Mr. Kyle McCullah with Hardy McCullah Architects, 12221 Merit Drive, Suite 280,
Dallas, Texas 75251, stated the following amenities planned for the park development:
1. Set back will be 30 feet (City requires 20').
2. Lakes to set the theme of the park.
3. Monument to announce the park development entrance.
4. Landscape in all buffer zones.
5. Lighted driveways to the street. All truck traffic goes to internal streets off
Highway 121.
6. Wall screens to block view of trucks.
Mr. Hardy McCullah, Principal of Hardy McCullah Architect and Landscapers, was then
introduced.
He stated the goals of the park development are as follows:
1. Appropriate landscaping.
2. Circulate track traffic off residential streets.
3. Everything above City code.
4. Flexibility.
5. Good signage.
Planning and Zoning Commission March 14, 2000
Mr. Dean Smiler, P.E. of Innovative Transportation Solutions, Inc., 2309 Springlake
Road, Suite 630, Dallas, Texas 75234, presented a summary of the traffic impact
overview he prepared for first Industrial Development Services.
He stated based upon the size and type of the proposed development in addition to the
existing and ultimate access to the site, recommendations were developed to address the
safe ingress and egress to the site as well as the City's concerns regarding possible truck
impact to the single-family developments to the north of the site. Recommendations
associated with the proposed development are as follows:
1. Install "No Trucks" symbol signs (R5-2) (24 inch x 24 inch) at the
following locations at the Momingstar Boulevard/Memorial Drive
intersection. (This is a standard sign found in the Texas Manual on
Uniform Traffic Control Devices.)
· On the northeast comer facing south
· On the northwest comer facing east (Add a 6 inch x 24 inch right
arrow panel below the sign.)
· On the northwest comer facing east (Add when Memorial Drive is
extended to the west.)
· On the northeast comer facing south (Add a 6 inch x 24 inch left arrow
panel below the sign.) (Add the sign when Memorial Drive is
extended to the west.)
2. Install a "No Trucks" symbol sign (R5-2) (24 inch x 24 inch) on the
northeast comer of memorial Drive at Marlar Lane facing south.
3. Remove the existing "No Trucks" symbol sign located on the east. side of
Momingstar Boulevard north of SH 121.
4. Install a deceleration lane on the existing westbound SH 121 at the new
north/south road serving the site. The deceleration lane needs to provide
200 feet of storage and 230 feet of transition.
5. Install a deceleration lane on northbound Momingstar Boulevard at the
new east/west road serving the site. The deceleration lane needs to
provide 75 feet of storage and 125 feet of transition.
6. The Colony staff needs to work with the Texas Department of
Transportation (TxDOT) Area Office staff to acquire a full median
opening on SH 121 at the new north/south road. (Trip distributions into
and out of the site assumed a full median opening at this location.)
7. The Colony staff needs to work with the TxDOT Area Office staff to
monitor the SH 121/Morning Star Boulevard intersection for furore traffic
signalization.
Planning and Zoning Commission March 14, 2000
8. The Colony staff needs to work with the TxDOT Area Office staff to
incorporate in the SH 121 plans an eastbound U-turn at the Memorial
Drive/Spring Creek Parkway intersection. (This will improve access to
the site from the west for all traffic, particularly trucks.)
9. Provide adequate tuming radii at the following locations to serve WB-50
size trucks:
· Momingstar Boulevard at Memorial Drive (southeast comer)
· Memorial Drive at new north/south road (southwest and
southeast comers)
· Momingstar Boulevard at new east/west road (southeast and
northeast comers)
· SH 121 at Momingstar Boulevard (northeast and northwest
comers)
· SH 121 at new north/south road (southeast and southwest
comers)
· New north/south road at new east/west road (southwest and
northwest comers)
10. Based upon projected generated trips, the new east/west road can be
downsized from what is shown on the concept plan to 40 feet of pavement
in 60 feet of right-of-way. This will provide adequate capacity with
sufficient width for two lanes of through traffic and left turns. The large
percent of traffic anticipated on this road will be site generated with very
little cut through traffic.
Based upon the projected trips generated by the proposed development, the overall
impacts to the adjacent roadway system are minimal. The site has very good access
bounded by an ultimate freeway/frontage road facility to the south (SH 121), a major six-
lane divided arterial to the north (Memorial Drive) and a major four-lane divided
collector (Momingstar Boulevard) to the west.
Until the main lanes of SH 121 are constructed and Memorial Drive is extended to both
the east and west, the primary access to the site for both trucks and cars will be provided
by SH 121 and Momingstar Boulevard. Once the roadway improvements are in place,
the primary access for tracks will continue to be SH 121 in addition Memorial Drive to
and from the east. The primary access for passenger cars will continue to be SH 121 in
addition to Memorial Drive from both the east and west. Momingstar Boulevard's role
for access will see some decrease once the roadway improvements are in place since it
will only have a right mm in and right mm out access at SH 121.
With the good access to SH 121 and Memorial Drive to the east, there is no need for
track traffic to use Momingstar Boulevard north of Memorial Drive or Memorial Drive
west of Momingstar Boulevard. By installing the "No Tracks" symbol signs at the
10
Planning and Zoning Commission March 14, 2000
locations recommended, track traffic will be discouraged in those areas and reduce any
possible negative impacts to the neighborhoods.
Mr. Brian Grant of First Industrial Development Services, 13355 Noel Road, Suite 1815,
Dallas, Texas 75240, assured the Commission that every conscious effort is being made
to plan the site to meet or exceed all City requirements. All loading will be kept internal.
Office areas will be located at the front of the site. First Industrial Development Services
is excited about this development and look forward to working with the City to address
and refine all issues. Their goal is for this project to be a "people environment."
Mr. Lance Alston of 5844 Southmoor, The Colony, Texas 75056, stated his concerns
regarding truck traffic.
Mr. Alston was assured large macks will be limited as much as possible.
Mr. Brent Meissner of 6445 Wexley Lane, The Colony, Texas 75056, said he is very
upset. He was told this area of the City was zoned single family. He is concerned the
needs of the developers instead of the citizen are the first priority of the commission.
Commissioner Wood informed Mr. Meissner that the integrity of the development and
the neighborhood have been thoroughly studied. It is a sound plan.
Mr. Bill Sheveland of JNC, Paige/121 Partnership, Ltd., 2050 N. Plano Road, Suite 100,
Richardson, Texas 75082, stated there is a great void to support Legacy Park. With
proper restrictions, this can be a tremendous oppommity for The Colony.
Mr. Persaud stated from the traffic study it was determined with proper signage most
large truck traffic will be internal. Residential amenities will be included in the design.
The staff will work closely with the residents.
A motion to approve a request for approval of a Development Plan with regard to a
tract of approximately 100 acres situated in the B. B. B. & C. R. R. Co. Survey
Abstract No. 174; the R. P. Hardin Survey Abstract No. 611 and the William
Bridges Survey Abstract No. 112, located north of SH 121, east of Morningstar Dr,
south of Memorial Dr, and west of the railroad, in the City of The Colony, Denton
County, Texas. (2000-M005) with staff stipulations Commissioner Snider, second
Commissioner Wood. Motion carried 4-0
Chairman Agnew thanked the residence for their attendance and participation. He then
called a five minute break at 8:55 p.m.
5.0 PUBLIC HEARING
5.1 Hold a public hearing and consider a recommendation to City Council with
regard to a capital improvements plan and impact fee for the Office Creek
11
Planning and Zoning Commission March 14, 2000
Drainage Watershed, a designated service area located in the City of The
Colony. (99-M019)
Chairman Agnew opened the public heating at 9:00 p.m.
Mr. Persaud turned the presentation over to Mr. Abel Saldafia, City Engineer. Mr.
Saldafia stated due to the extensive discussion held during the joint work session with the
Planning and Zoning Commission and the City Council on March 13, 2000, he will give
a short summary of Office Creek Drainage Watershed option "F" plan. This plan would
include the use of detention devices such as the water features planned at the new sports
complex and business park. These would always have water in them, but would hold
additional water in times of extreme flooding. The plan also utilizes a channel to handle
mn-off water.
Mr. Mike Boyd of Nathan D. Maier Consulting Engineers, Inc., 8080 Park Lane, Suite
600, Dallas, Texas 75281 was present to answer additional questions.
Chairman Agnew closed the public hearing at 9:12 p.m.
Motion to recommendation to City Council with regard to a capital
improvements plan and impact fee for the Office Creek Drainage Watershed
Option "F", a designated service area located in the City of The Colony. (99-
M019) Commissioner Wood; second Commissioner Snider. Motion carried
4-0.
6.0 OTHER BUINESSS
None
7.0 STAFF REPORTS
7.1 Director's Report
Mr. Persaud congratulated Commissioner Mikulec on completion of his NCTCOC course
on Subdivision Regulation.
Furore agenda items will be the Bristol Oaks PD amendment.
The Commission will be notified if there is a need for a Planning and Zoning meeting on
March 28, 2000.
Mr. Persaud requested the names of any individuals who would be interested in filling the
vacant position on the Planning and Zoning Commission.
12
Planning and Zoning Commission March 14, 2000
With no further business, the meeti~ed at 9:17 p.m.
Joe Agnew
Chairman
S~dy ~n ~
Recording Secre~
13
Planning and Zoning Commission April 1[, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON APRIL 11, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 1 irt of April 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
Deville Hubbard, Vice Chairman
Cathy Wood
DeWayne Snider
Bill Jamme
Commissioner Kirk Mikulec was absent.
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Satdafia, City Engineer
With five (5) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on March 14, 2000.
Motion to approve the minutes for the meeting held on March. 14, 2000,'
Commissioner Snider; Second, Commissioner Wood. Motion carried 4-0.
Commissioner Hubbard abstained.
3.0 CITIZEN INPUT
None
4.1 Hold a public hearing and consider making a recommendation to
City Council with regard to land use assumptions that will be used to
develop a capital improvements plan, under which impact fees may be
imposed, for the Drainage Watershed of Stream SC-lA, a designated
service area located in the City of The Colony. (2000-M004)
Chairman Agnew opened the public hearing at 7:03 p.m.
Mr. Persaud started his presentation by reviewing the location, drainage and
zoning described on the Zoning and Land use Assumptions chart.
Planning and Zoning Commission April 11,2000
Mr. Cary Cobb of Intermandeco, [nc., 1401 Burnham Drive, Plano, Texas 75093
and Mr. Warren Corwin of Corwin Engineering, 200 W. Belmont, Suite E, Allen, -
Texas 75013 were present.
Chairman Agnew closed the public hearing at 7:09 p.m.
Motion to make a recommendation to City Council with regard to land use
assumptions that will be used to develop a capital improvements plan, under
which impact fees may be imposed, for the Drainage Watershed of Stream
SC-lA, a designated service area located in the City of The Colony. (2000-
M004) Commissioner Wood; Second, Commissioner Jamme. Motion carried
5-0.
4.2 Hold a public hearing and consider a request for approval of a replat
of Lots 15 and 16, Block 3, Ga~za Little Elm Lake Estates Addition,
being a 0.333 acre tract located in the R. Hardin Survey, Abstract NO.
611, located in the City of The Colony, Denton County, Texas. (2000-
RP002)
Chairman Agnew opened the public heating at 7:10 p.m.
Mr. Hampton started his presentation by stating a request for approval of a replat
of Lots 15 and 16, Block 3, Garza Little Elm Lake Estates Addition located on the
east side of Main Street and north of Lake Higl'dands Drive has been received.
The 0.333 acre tract was incorporated into the City via Ordinance NO. 490 on August 10,
1987. The tract was zoned to Light Commercial "LC" via Ordinance NO. 559 on November
7, 1988.
The applicant is requesting the replatting of Lots 15 and 16, Block 3 of the Garza Little Elm
Lake Estates Addition to create one lot for development. The replat shows Lot 15R with
0.333 acres. A site plan for the 4,400 square foot Coldwell Banker Romo Realty office,
which is located on the proposed Lot 15R, is currently under review by staff.
A 15' Right-Of-Way dedication is provided on the replat for the
future expansion of FM 423. FM 423 is designated as a "6D-A" six
lane divided arterial with 120' ROW on the approved Thoroughfare
Plan of the City of The Colony.
The lot will be served by existing utilities. A 24" water main exists
along the frontage of the lot.
Planning and Zoning Commission April I I, 2000
Staff recommends approval of 2000-RP002, a replat for Lot 15R, Block 3 of the Garza
Little Elm Lake Estates Addition with the following stipulations:
I. Engineering plans are to be approved in accordance with City specifications.
2. Delete the signature line for the Mayor and replace :City Council' with
:Planning and Zoning Commission.'
Chairman Agnew closed the public hearing at 7:14 p.m.
Motion to approve a replat of Lots 15 and 16, Block 3, Garza Little Elm Lake
Estates Addition, being a 0.333 acre tract located in the R. Hardin Survey, Abstract
NO. 611, located in the City, of The Colony, Denton County, Texas. (2000-RP002)
with staff stipulations Commissioner Jamme; Second, Commissioner Snider.
Motion carried 5-0.
4.1 Hold a public hearing and consider making a recommendation to the City
Council with regard to an amendment to the Planned Development "PD-11"
site plan for Bristol Oaks Apartments to allow for Boat and RV parking on a
tract of 18.192 acres, located east of FM 423 and north of Memorial Dr, in
the T. Wilson Survey, Abstract NO. 1352, in the City of The Colony, Denton
County, Texas (2000-Z002)
Chairman Agnew opened the public hearing at 7:15 p.m.
Mr. Persaud stated an applicant requested an amendment to the Planned Development "PD-
[ 1" site plan for Bristol Oaks Apartments.
The 18.192 acre site was zoned Business Park "BP" via Ordinance NO. 357 on August 5,
1985. City Council approved Ordinance NO. 881 on March 20, 1995, creating Planned
Development "PD- I 1 ."
The applicant has requested an amendment to the existing Planned Development site plan
for Bristol Oaks Apartments to allow for Boat and RV Parking.
The City's zoning ordinance requires that any boat and RV storage be appropriately
screened so as not to be viewed fi.om any public Right-Of-Way. The proposed boat and
RV parking area is in close proximity to FM 423. Currently, a fence screens the
proposed parking area on the south, and a maintenance structure partially screens the area
from the east side. Berming and shrubs have also been used to screen the parking area,
included on the landscape plan approved January, 1997.
Mr. Dennis Winzeler of Centex Multi-Family Communities, 2728 N. Harwood, Dallas,
Texas 75201, stated they are very flexible and willing to work with the City.
After some discussion an agreement was reached with the following stipulations:
Plannin§ and Zonin§ Commission April I1, 2000
I. Red tip photinias shall be installed along the west side of the
designated parking area parallel to FM 423; three (3) per I0 linear
feet and a minimum of four (4) feet high at the time of planting.
2. Non-boat trailers parked in the designated area shall not exceed 18
feet in length.
Chairman Agnew closed the public hearing at 7:44 p.m.
Motion making a recommendation to the City Council with regard to an
amendment to the Planned Development "PD-11" site plan for Bristol Oatcs
Apartments to allow for Boat and Trailer parking on a tract of 18.192 acres, located
east of FM 423 and north of Memorial Dr, in the T. Wilson Survey, Abstract NO.
1352, in the City of The Colony, Denton County, Texas (2000-Z002) with staff
stipulations Commissioner Wood; Second, Commissioner Snider. Motion passed 5-
0.
5.0 ITEMS FOR CONSIDERATION
5.1 Consider a request for approval of a final plat for Legend Trails, Phase II,
being a 25.023 acre tract located in the B.B.B. & C.R.R. Survey, Abstracts
NO. 173 and 174, located in the City of The Colony, Denton County, Texas.
(2000-FP003)
Mr. Hampton stated a request for approval of a f'mal plat for Legend Trails, Phase II, has
been received.
The 25.023 acre tract was zoned Planned Development PD-9 on October 17, 1994 via
Ordinance NO. 862. The tract was then rezoned on February 24, 1997 to create Planned
Development PD-14 via Ordinance NO. 961. City Council approved the preliminary plat for
Legend Heights on August 16, 1999. The subdivision name has been changed from Legend
Heights to Legend Trails.
The final plat for Legend Trails, Phase II will incorporate 107 lots in an area of 25.023
acres. This will allow for 4.28 dwelling units per acre. The preliminary plat shows 102 lots
for Phase II as opposed to 107 on the final plat. The planned development ordinance allows
for flexibility in housing density distribution providing that the entire Legends development
may not exceed a total of 4.00 dwelling units per acre. Currently, the overall density is
calculated at 4.01 units per acre.
The original parkland dedication made by the developer was based on 1756 total lots for the
Legends development. The developer has now raised the total number of lots to 1760. The
developer must make a payment of money in lieu of the extra parkland that would be
required for the extra lots. The developer also can remove four lots from future phases of __
the Legends.
Plannin§ and Zonin§ Commission April I I, 2000
The final plat complies with the area regulations as prescribed by the planned development
ordinance. The final plat for this phase is located in Parcel C, Tract i. Minimum lot widths
when measured at the building line are no less than 50' and 45' on curves.
A 20' landscape buffer easement is being provided Memorial Drive. The landscape buffer
easement is to be maintained by the Homeowner's Association. The Homeowner's
Association will also be responsible for landscaping and maintenance of the 50' Lone Star
Gas Easement (Lot 49, B[k l). The developer will install 4' sidewalks on all streets and
sidewalks shall be continuous across easements.
Water and sewer service is provided through existing lines in the Legends development.
Staff recommends approval of the final plat for Legend Trails, Phase II subject to the
following stipulations:
l. Engineering plans are to be approved in accordance with
City specifications.
2. The City will collect drainage impact fees from the
developer at the time of filing of the final plat.
3. Add City of The Colony signature stipulation.
Mr. Cary Cobb of Intermandeco, Inc. and M.r. Warren Corwin of Corwin Engineering were
present to answer questions.
~lotion to approve a final plat for Legend Trails, Phase II, being a 25.023 acre tract
located in the B.B.B. & C.R.R. Survey, Abstracts NO. 173 and 174, located in the
City of The Colony, Denton County, Texas. (2000-FP003) with staff stipulations
Commissioner Hubbard, Second; Commissioner Jamme. Motion carried 5-0.
6.0 OTHER BUSINESS
Commissioner Wood wanted to know if Mr. Persaud had an update on the replacement
Commissioner for the Planning and Zoning Commission. Mr. Peraud had no additional
information but will follow-up with the City Council.
7.0 STAFF REPORTS
7.1 Director's Report.
1. Site Plan for a realty office on Main Street.
2. City Council approved First Business Park with three pages of stipulations.
3. Mr. Persuad will be attending the A.PA conference in New York next week.
With no further business, the meeting adjourned at 8:12 p.m.
Planning and Zoning Commission April It, 2000
Sandy Vo(C~ersaar
Recording Secreta~
Planning and Zoning Commission April 25, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON APRIL 25, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 25th of April 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
Deville Hubbard, Vice Chairman
Cathy Wood
DeWayne Snider
Bill Jamme
Kirk Mikulec
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
With six (6) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on April 11, 2000.
Motion to approve the minutes for the meeting held on March 14, 2000,
Commissioner Jamme; Second, Commissioner Snider. Motion carried 6-0.
3.0 CITIZEN INPUT
None
4.0 ITEMS FOR CONSIDERATION
Consider a request for approval of a final plat for Lot 1, Block 1, Lowe's
Addition of The Colony, being a 13.962 acre tract situated in the B.B.B. &
C.R.R. Survey, Abstract NO. 173, the T.C. Wilson Survey, Abstract NO. 1352
and the J.B. Shipps Survey, Abstract NO. 1227, located in the City of The
Colony, Denton County, Texas. (2000-FP002)
Mr. Persaud stated a request for approval of a final plat for Lot 1, Block 1, Lowe's
Addition at the northeast comer of Blair Oaks Drive and SH 121 has been received.
The 13.962 acre tract was annexed into the City via Ordinance NO. 27 on March 20, 1979.
The tract was zoned Business Park "BP" via Ordinance NO. 357 on August 5, 1985.
Planning and Zoning Commission April 25, 2000
The tract is currently zoned Business Park "BP" zoning district classification in accordance
with the comprehensive zoning ordinance. An application has been filed by the applicant for
a change in zoning from Business Park "BP" zoning district classification to General Retail
"GR" zoning district classification.
This tract is being platted to accommodate a 135,000 square feet home improvement
store on the site. Future development of this site will be subject to site plan approval to
ensure compliance with all applicable ordinances and requirements of the City. A site
plan for the site is currently under review by Staff.
A 24' mutual access easement is proposed at the eastern property line to allow for
circulation to and from any development to the east of the subject tract.
Blair Oaks Drive is designated as '4U-A' four lane undivided arterial on the approved
Thoroughfare Plan of the City of The Colony, with a Right-Of-Way of 80'. The existing
Right-Of-Way is 60'. A 10' Right-Of-Way dedication is being provided by the developer
for the future widening of Blair Oaks Drive.
Memorial Drive east of Blair Oaks Drive is designated as a '6D-B' six lane divided
arterial with 100' of Right-Of-Way on the Thoroughfare Plan. A 50' Right-Of-Way
dedication is provided by the developer for the future construction of Memorial Drive.
The site will connect to an existing' 18" sanitary sewer line that exists in the furore
median of the proposed Memorial Drive. A 12" water line will be extended from
Comfort Suites across Blair Oaks Drive and along the utility easement on the site. Also, a
24" water line will be located within the Right-Of-Way of the proposed Memorial Drive.
Staff has reviewed the final plat for Lot 1, Block 1, Lowe's Addition, and recommends
approval subject to the following stipulations:
1. Engineering plans are to be approved in accordance with city specifications.
2. Drainage Impact Fees as approved by Ordinance NO. 00-1186 for the Office Creek
Drainage Watershed will apply to this tract.
Mr. Pat Williford of Adams Consulting Engineering, Inc., 2445 E. Southlake Blvd., Suite
100, Southlake, Tx. 75092 was present to answer questions.
Motion for approval of a final plat for Lot 1, Block 1, Lowe's Addition of The
Colony, being a 13.962 acre tract situated in the B.B.B. & C.R.R. Survey, Abstract
NO. 173, the T.C. Wilson Survey, Abstract NO. 1352 and the J.B. Shipps Survey,
Planning and Zoning Commission April 25, 2000
Abstract NO. 1227, located in the City of The Colony, Denton County, Texas. (2000-
FP002) with staff stipulations Commissioner Jamme; Second, Commissioner Wood.
Motion passed 6-0.
4.2 Consider a request for approval of a site plan for Coldwell Banker
Romo Realty, located on a 0.333 acre tract being Lot 15R, Block 3,
Garza Little Elm Lake Estates Addition, situated in the R. Hardin
Survey, Abstract NO. 611, in the City of The Colony, Denton County,
Texas. (2000-SP004)
Mr. HamPton stated a request for approval of a site plan for Coldwell Banker
Romo Realty, located on east side of Main Street and north of Lake Highlands
Drive has been received.
The 0.333 acre tract was incorporated into the City via Ordinance NO. 490 on August 10,
1987. The tract was zoned to Light Commercial "LC" via Ordinance NO. 559 on November
7, 1988.
The applicant is requesting the approval of a site plan for a Coldwell Banker Realty office.
Development Review Committee has reviewed the site plan and the following issues were
addressed:
Access
The applicant is providing one 30' driveway offofFM 423 to serve the site.
Parking
The parking requirement for office is one space for every 300 sq. ft. of floor space. The
proposed 4,429 sq. ft. of office area requires 15 parking spaces. The applicant has
provided 15 spaces, including one handicapped accessible.
Sidewalk
A five feet sidewalk is provided along FM 423.
Signa~e
All signage shall be in accordance with the City sign ordinance.
Utilities
The development will connect to existing utilities. There is currently a 24" water line
within the ROW of FM 423.
Landscaping
All landscaping meets the City's requirements. All landscaping will be irrigated by an
automatic sprinkler system in accordance with City ordinance.
Fire Protection
The fire lane shown on the site plan are in accordance with City requirements. One fire
hydrant shall be installed at the entrance of the lot to meet City spacing requirements.
Planning and Zoning Commission April 25, 2000
Staff recommends approval of 2000-SP004, a site plan for Coldwell Banker Romo
Realty, subject to the following stipulations:
1. Engineering plans are to be approved in accordance with City specifications.
2. One fire hydrant shall be installed at the entrance to the property to meet the
City's spacing requirements.
Mr. Sam Romo of Romo Realty, 6805 Main Street, Suite 430, The Colony, Texas
75056 and Architect Scott Bibby were present to answer questions.
The Commissioners only concern was that the City's masonry requirements
would be met. Mr. Bibby informed them that the hardy board exterior is a
concrete product with wood grain stamped on it. Brass decking screws will be
used for mounting. He assured them it will meet and exceed the City's
requirements.
Motion for approval of a site plan for Coldwell Banker Romo Realty, located
on a 0.333 acre tract being Lot 15R, Block 3, Garza Little Elm Lake Estates
Addition, situated in the R. Hardin Survey, Abstract NO. 611, in the City of
The Colony, Denton County, Texas. (2000-SP004) with staff stipulations
Commissioner Wood; Second, Commissioner Hubbard. Motion passed 6-0.
4.3 Consider a request for approval for off-premise s~gnage under section
6.26 (3) of the sign ordinance for Stewart Peninsula Golf Course and
Stewart Creek Park. (2000-M007)
Mr. Persaud stated a request for approval for off-premise signage for Stewart
Peninsula Golf Course and Stewart Creek Park located east of Main Street, south
of North Colony Boulevard.
Rusty Nichols, of Stewart Peninsula Development Partners, is requesting approval
to install a permanent off-premise sign on Main Street north of Nash Drive, to
advertise the Stewart Peninsula Golf Course and Stewart Creek Park. The sign is
12'x 6' (72 square feet). The sign is double sided and will be visible to both
northbound and southbound traffic on Main Street. The south side of the sign will
advertise the golf course and Stewart Creek Park. The north side of the sign will
have a 'Welcome to the City by the Lake' message.
Mr. Johnny Smith representing Mr. Rusty Nichols of Stewart Peninsula
Development Partners, 200 Cottonwood Springs Circle, The Colony, Texas
75056 was present to answer questions.
4
Planning and Zoning Commission April 25, 2000
During discussion Chairman Agnew stated his concem that the City logo is not
predominate on both sides of the sign. Vice Chairman Hubbard's concern was for
driving safety.
A motion for approval for off-premise signage under section 6.26 (3) of the
sign ordinance for Stewart Peninsula Golf Course and Stewart Creek Park.
(2000-M007) Commissioner Wood; Second, Commissioner Jamme. Motion
carried 4-2. Commissioner Wood, Jamme, Snider and Mikulee for.
Commissioners Agnew and Hubbard against.
5.0 OTHER BUSINESS
None
6.0 STAFF REPORTS
6.1 Director's Report.
Mr. Persuad informed the Commission that City Council approved an ordinance to allow
Joint Public Hearings with Council and Planning and Zoning to accelerate Zoning and
SUP's.
The Shuler Netzer Property and Lowe's rezoning for outdoor storage will be on the
agenda for the Joint Meeting scheduled for May 15, 2000 at 7:00 p.m.
Future agenda items will include rezoning of a school site off Ethridge Drive in the
Stewart Peninsula Development.
With no further business, the meeting adjourned at 8:12 p.m.
Sandy V~ndersaar
Recording Secretary
Planning and Zoning Commission May 9, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON MAY 9, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 9th of May 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
Deville Hubbard, Vice Chairman
Cathy Wood
DeWayne Snider
Bill Jamme
Kirk Mikulec
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
With six (6) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on April 25, 2000.
Motion to approve the minutes for the meeting held on April 25, 2000,
Commissioner Jamme; Second, Commissioner Wood. Motion carried 6-0.
3.0 CITIZEN INPUT
None
4.0 PUBLIC HEARING
4.1 Hold a public hearing and consider a recommendation to City Council with
regard to a capital improvements plan and impact fee for the Stream SC-lA
Drainage Watershed, a designated service area located in the City of The
Colony. (2000-M004).
Chairman Agnew opened the public hearing at 7:02 p.m.
Mr. Saldafia began his presentation by reviewing the zoning and land use assumptions for
years 2000-2010, Corwin Engineering cost analysis for years 2000-2010, the service area
map for Stream SC-lA, and the total development cost analysis for Legend Bend Phase
II.
Planning and Zoning Commission May 9, 2000
Mr. Roy Wilshire of of Kimley Horn & Associates, 12700 Park Central, Dallas, Texas
75251 and Mr. Bill Sheveland of JNC Enterprises, 2050 N. Piano Road, Suite 100,
Richardson, Texas 75082 were present. They wished to inform the Commission of the
following concerns:
1. Why is there discrepancies on area? They have furnished the calculations from very
reputable engineering firms.
2. Problem of drainage of 100 acres.
3. Same detention should be provided for Office Creek and SC-IA.
4. Lack of progress by City staff from developers north of Memorial Drive for sewer
and water.
The Commission discussed the four issues raised by Mr. Wilshire. Mr. Saldafia and Mr.
Persaud will work on the impact fee ordinance with the City Attorney.
Chairman Agnew closed the public hearing at 7:32 p.m.
Motion to make a recommendation to City Council with regard to a capital
improvements plan and impact fee for the Stream SC-lA Drainage Watershed, a
designated service area located in the City of The Colony. (2000-M004).
Commissioner Jamme; Second, Commissioner Snider. Motion carried 5-1.
Commissioners Jamme, Wood, Snider, Mikulec, and Agnew; yes. Commissioner
Hubbard; no.
5.0 ITEMS FOR CONSIDERATION
5.1 Consider a request for approval of a final plat for Legend Crest Phase VIII,
being a 38.228 acre tract located in the B.B.B. & C.R.R. Survey, Abstracts
No. 172, 173 and 174, and the William Bridges Survey, Abstract No. 112,
located in the City of The Colony, Denton County, Texas. (2000-FP004)
Mr. Persaud stated a request for approval of a final plat for Legend Crest Phase
VIII located east of Paige Road and North of South Colony Boulevard has been
received.
The 38.228 acre tract was zoned Planned Development PD-9 on October 17, 1994 via
Ordinance NO. 862. The tract was then rezoned on February 24, 1997 to create Planned
Development PD-14 via Ordinance NO. 961. City Council approved the preliminary plat for
Legend Crest on June 1, 1998.
2
Planning and Zoning Commission May 9, 2000
The final plat for Legend Crest, Phase VIII will incorporate 142 lots in an area of 38.228
acres. This will allow for 3.71 dwelling units per acre. The preliminary plat shows 135 lots
for Phase VIII as opposed to 142 on the final plat. The planned development ordinance
allows for flexibility in housing density distribution providing that the entire Legends
development may not exceed a total of 4.00 dwelling units per acre. Currently, the overall
density is calculated at 4.04 units per acre .The final plat complies with the area regulations
as prescribed by the planned development ordinance. The final plat for this phase is located
in Parcel B, Tract 2.
The alley serving Block X is approximately 760' long, which exceeds the City's maximum
of 720' between alley breaks.
There are existing non-residential developments that abut the proposed residential
development at the southwestern portion of the plat. The developer is providing a living
screen, which is to be maintained by the Homeowner's Association, for the lots north of the
non-residential development. Lots 31-33, Block AA, will have front entry access off Bear
Run Road. These lots will be screened by fences installed with the new homes.
A 20' landscape buffer easement is being provided along South Colony Boulevard. The
landscape buffer easement is to be maintained by the Homeowner's Association. The
Homeowner's Association will also be responsible for landscaping and maintenance of the
50' Lone Star Gas Easement. The developer will install 4' sidewalks on all streets and
sidewalks shall be continuous across easements.
Water and sewer service is provided through existing lines in the Legends development.
Development Review Committee recommends approval of the final plat for Legend Trails,
Phase II subject to the following stipulations:
1. Engineering plans are to be approved in accordance with City specifications.
2. The City will collect drainage impact fees from the developer at the time of filing of the
final plat.
Mr. Cary Cobb of Intermandeco, Inc., 1401 Burnham Drive, Plano, Texas 75093 and Mr.
Warren Corwin of Corwin Engineering, 200 W. Belmont, Suite E, Allen, Texas 75013 were
present to answer questions.
Motion to approve the final plat for Legend Crest Phase VIII, being a 38.228 acre
tract located in the B.B.B. & C.R.R. Survey, Abstracts No. 172, 173 and 174, and the
William Bridges Survey, Abstract No. 112, located in the City of The Colony,
Denton County, Texas. (2000-FP004) with staff stipulations, Commissioner Wood;
Second Commissioner Mikulec. Motion carried 6-0.
6.0 OTHER BUSINESS
3
Planning and Zoning Commission May 9, 2000
None
7.0 STAFF REPORTS
7.1 Director's Report.
Mr. Persaud informed the Commission of future agenda items:
1. Joint Planning and Zoning and City Council Public Hearing to rezone the
Shuler/Netzer tract on May 15th.
2. Lowe's scheduled for Planning and Zoning May 23fa, Council June 5th.
3. Home Depot site plan and SUP Joint Public Heating June 19t'h if submitted on
May 25th.
4. Bicentennial Liquor renamed Legacy Liquor Store to amend site plan and plat,
scheduled for May 23rd.
5. Review off-premise signage in the City.
It was decided to continue using the Police Department for Planning and Zoning Packet
pick-up.
Mr. Persaud reminded Commissioners of the May 25th Texas APA Seminar
and the Southwestern Legal Foundation's Conference on June 23ra. Please inform staff
if you are interested in attending.
With no further business, the meeting ad'oumed at 8:03 p.m.
.~~ ~~~g/~~~,,~ Joe Agnew Chairman
'/S~tndy V~;hde~s~tar
Recording Secretary
4
Planning and Zoning Commission May 23, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON MAY 23, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 2? of May 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
DeWayne Snider
Bill Jamme
Kirk Mikulee
Commissioner Cathy Wood and Commissioner DeVille Hubbard were absent.
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
With four (4) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on May 9, 2000.
Motion to approve the minutes for the meeting held on May 9, 2000, Commissioner
Jamme; Second, Commissioner Mikulec. Motion carried 4-0.
3.0 CITIZEN INPUT
None
4.0 PUBLIC HEARING
4.! Hold a public hearing and consider making a recommendation to the
City Council with regard to an ordinance amending the Subdivision
Ordinance of the City, the same being Appendix B- Subdivision of the
City's Code of Ordinances, as amended, by providing for a street light
policy and requiring the installation of street lights in all new
developments and providing for an effective date. (2000-ORD002)
Chairman Agnew opened the public hearing at 7:07 p.m.
Planning and Zoning Commission May 23, 2000
Mr. Saldafia began his presentation by reviewing the proposed sign ordinance. After
discussion and with the following three minor changes the commissioners were in
agreement:
I. Section 2. (i) change the word recommended to required.
2. Section 2. (iv) light fixtures shall provide a minimum of 100 watts/HPS or 175
watts/MH and mounted at least 25 feet changed to 14 feet high.
3. Section 2. (vi) after "Engineering Design Manual Standard Specifications for
Street Lighting; include as amended from time to time.
Chairman Agnew closed the public hearing at 7:35 p.m.
A motion to make a recommendation to the City Council with regard to an
ordinance amending the Subdivision Ordinance of the City, the same being
Appendix B- Subdivision of the City's Code of Ordinances, as amended, by
providing for a street light policy and requiring the installation of street lights in all
new developments and providing for an effective date. (2000-ORD002) with agreed
changes, Commissioner Jamme; Second Commissioner Snider. Motion carried 4-0.
5.0 ITEMS FOR CONSIDERATION
5.1 Consider a request for approval of a final plat for Lot 1, Block A, Universal
Metro Holdings, Inc./121 Addition, being a 2.02 acre tract located in the
B.B.B. & C.R.R. Survey, Abstract No. 174, located in the City of The Colony,
Denton County, Texas. (2000-FP005)
Mr. Hampton stated a request for approval of a final plat for Lot 1, Block A, Universal
Metro Holdings, Inc./121 Addition located at the northwest comer of Momingstar Drive
and SH121 has been received.
The 2.02 acre site was zoned Business Park "BP" zoning district classification via
Ordinance No. 61 on June 4, 1979. The site was zoned Planned Development "PD-9"
for Business Park uses via Ordinance No. 862 on October 17, 1994. The site was zoned
Planned Development "PD-16" for Business Park uses via Ordinance No. 99-1129 on
July 26, 1999.
A preliminary and final plat for Lot 1, Block A, Universal Metro Holdings, Inc./121
Addition, was approved by City Council on August 16, 1999. At that time, the site
contained 1.58 acres. The developer has now increased the size of the tract to 2.02 acres
to accommodate a larger gas station, convenience store and two restaurants. Phase I of
this site, a Legacy Liquor store, has been permitted and is now under construction. A
site plan for Phase II of the subject tract, which includes a convenience store, restaurant
and car wash, is currently under review by staff.
A proposed 12" water line and 8" sanitary sewer line are located in the 15' utility
easement along SH 121. There is an existing 14" water line and a proposed 8" sanitary
Planning and Zoning Commission May 23, 2000
sewer line within the Right-Of-Way of Momingstar Drive.
No further Right-Of-Way dedication is required for SH 121 and Momingstar Drive.
A 40' Mutual access easement is being provided along the west property line, and
another mutual access easement is provided at the NE comer of the lot, which will allow
for access to adjoining properties. The developer will be required to submit separate
instruments for mutual access easements for approval by the City Engineer.
Development Review Committee recommends approval subject to the following
stipulations:
1. Engineering plans are to be approved in accordance with City
specifications.
2. Separate Instruments for mutual access easements are to be
approved by the City Engineer and filed with the final plat.
3. Correct the City signature block to include a signature by the
City Secretary,.
Mr. Jerry Glenn of Glenn and Associates, 2240 E. Lucas Road, Allen, Texas 75002, was
present to answer any questions.
A motion for approval of a final plat for Lot 1, Block A, Universal Metro Holdings,
Inc./121 Addition, being a 2.02 acre tract located in the B.B.B. & C.R.R. Survey,
Abstract No. 174, located in the City of The Colony, Denton County, Texas. (2000-
FP005) with staff stipulations, Commissioner Snider; Second Commissioner Jamme.
Motion carried 4-0.
5.2 Receive a report, hold a discussion and give direction to Staff with
regard to off-premise signs on SH 121.
Mr. Persaud gave a report regarding options for off-premise signs on State Highway 121.
After extensive discussion the Planning and Zoning Commission directed that off-
premise signage should not be encouraged on State Highway 121.
5.3 Hold a discussion and give direction to Staff with regard to the
masonry content on the exterior walls of non-residential buildings.
A discussion was also held to direct staff regarding masonry content on exterior walls of
non-residential buildings. The Commissioners recommend a minimum of 75 percent
masonry on all exterior walls of non-residential and multi-family structures.
6.0 OTHER BUSINESS
None
3
Planning and Zoning Commission May 23, 2000
7.0 STAFF REPORTS
7.1 Director's Report.
Mr. Persaud informed the Commission of future agenda items:
1. Another restaurant at Morningstar and 121.
2. Tire shop on Main Street north of East Lake Highlands.
3. Amend zoning for Rusty Nichols, to single family on property purchased
from LISD.
4. Ordinance for under canopy lighting and masonry content for external
walls.
5. Home Depot to Planning and Zoning and City Council by July 3rd
6. No new information on the Shula Netzer Development.
7. Need for open Commissioner's position to be filled as soon as possible.
Mr. Persaud furnished the Commissioners a copy of the Planning and Development
Department's survey and summary of the responses received. Staff's goal is to bring
requests to Planning and Zoning and City Council in a timely manner.
He also reminded the Commissioners of the Southwest Legal Foundation course
scheduled for June 9, 2000. Please inform staff if you are interested in attending.
Commissioners Bill Jamme and Joe Agnew indicated that they will attend.
With no further business, the meeting adjourned at 8:03 p.m.
~ ~ ~_____,~/ Joe~gnew Chairman
JSandy ~/ondersaar
Recording Secretary
4
Planning and Zoning Commission June 13, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON JUNE 13, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 13th of June 2000, at City Hall with the-
following members present:
Joe Agnew, Chairman
DeVille Hubbard
Cathy Wood
DeWayne Snider
Bill Jamme
Kirk Mikulec
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
With six (6) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on May 23, 2000.
Motion to approve the minutes for the meeting held on May 23, 2000, Commissioner
Jamme; Second, Commissioner Wood. Motion carried 6-0.
3.0 CITIZEN INPUT
None
4.0 ITEMS FOR CONSIDERATION
4.1 Consider a request for approval of a Development Plan with regard to tract
A, Planned Development PD-16, situated in the B. B. B. & C. R. R. Co.
Survey, Abstract No. 173, located north of SH 121, south of Memorial Dr,
and east of Paige Road, in the City of The Colony, Denton County, Texas.
(2000-M008)
Planning and Zoning Commission June 13, 2000
Mr. Persaud stated a request for approval of Development Plan Tract A, PD-16
located at the northeast comer of Paige Road and State Highway 121 has been
received.
The subject tract was annexed into the City via Ordinance NO. 27 on March 20, 1979. T-he
tract was zoned Planned Development "PD-9" on October 17, 1994 via Ordinance NO. 862.
The tract was later zoned Planned Development "PD-16" on July 26, 1999 via Ordinance
NO. 99-1129. The subject tract is shown as 'Tract A' in the Planned Development "PD-16"
concept plan.
The applicant is requesting approval of a Development Plan for a tract of 25.86 acres located
east of Paige Road, north of SH 121 and south of the proposed Memorial Drive. The
Development Plan is required by the Planned Development "PD-16" ordinance adopted by
City Council on July 26, 1999. The Development Plan for 'Tract A' deals primarily with
the major infrastructure networks planned for the entire tract. It includes a 13.42 acre site for
the proposed Home Depot home improvement store, two additional lots (0.86 acre and 1.46
acres) on SH 121 reserved for future retail uses, and a 250 foot strip on the east side of 'Tract
A' reserved for future retail development. A preliminary and final plat, site plan and SUP
are being considered concurrently with the Development Plan.
The applicant has met the following City requirements:
Permitted Uses
Floor Area Ratio
Gateway "GWY" Overlay Zoning District Guidelines
Access
Water and Sanitary Sewer Layout
Drainage
Staff recommends the median cut be discussed at time of site plan approval.
Motion for approval of a Development Plan with regard to tract A, Planned
Development PD-16, situated in the B. B. B. & C. R. R. Co. Survey, Abstract
No. 173, located north of SH 121, south of Memorial Dr, and east of Paige
Road, in the City of The Colony, Denton County, Texas. (2000-M008),
Commissioner Jamme; Second Commissioner Hubbard. Motion carried 6-0.
4.2 Consider a request for approval of a preliminary and final plat for
Lots 1-3, Block A, Home Depot Center Addition, being a 16.889
acre tract situated in the B.B.B. & C.R.R. Survey, Abstract NO. 173,
located in the City of The Colony, Denton County, Texas. (2000-
PP002 and 2000-FP006)
Planning and Zoning Commission June 13, 2000
Mr. Persaud stated a request for approval of preliminary and final plat for Lots 1-
3. Block A, Home Depot Center Addition located on the northeast coruer of Paige
Road and State Highway 121 has been received.
The 16.889 acre tract was annexed into the City via Ordinance NO. 27 on March 20, 1979.
The tract was zoned Planned Development "PD-9" on October 17, 1994 via Ordinance NO.
862.The tract was later zoned Planned Development "PD-16" on July 26, 1999 via
Ordinance NO. 99-1129.
The tract ii currently zoned Planned Development "PD-16" zoning district classification for
Business Park "BP" and General Retail "GR" uses in accordance with the comprehensive
zoning ordinance. An application has been filed by the applicant for a Specific Use Permit
to allow for open storage with visual screening in the General Retail "GR" zoning district
classification.
This tract is being platted to accommodate a 131,924 square foot home improvement
store on the site. Future development of this site will be subject to site plan approval to
ensure compliance with all applicable ordinances and requirements of the City. A
development plan, site plan and SUP for the site is running concurrently with the plat.
Paige Road between SH 121 and Memorial Drive is designated as an '8D-A' eight lane
divided arterial on the approved Thoroughfare Plan of the City of The Colony, with a
Right-Of-Way of 140'. The existing Right-Of-Way is 100'. A 20' Right-Of-Way
dedication is being provided by the developer for the future widening of Paige Road.
Memorial Drive east of Paige Road is designated as a '6D-A' six lane divided arterial
with 120' of Right-Of-Way on the Thoroughfare Plan. A 60' Right-Of-Way dedication is
provided by the developer for the future construction of Memorial Drive.
A 20" water line and 18" sanitary sewer line are existing along Paige Road on the west
property line. An 8" sanitary sewer line is proposed for Memorial Drive along the north
property line of the subject tract. Along SH 121 on the south property line, a 10"
sanitary sewer line and a 12" water line are proposed.
Development Review Committee has reviewed the preliminary and final plat for Lots 1-3,
Block A, Home Depot Center Addition, and recommends approval subject to the following
stipulations:
1. Engineering plans are to be approved in accordance with city specifications.
2. Drainage Impact Fees as approved by Ordinance NO. 00-1186 for the Office Creek
Drainage Watershed will apply to this tract.
3. Provide a mutual access easement from lot 3 to the tract reserved for future retail
development.
Planning and Zoning Commission June 13, 2000
Mr. Rory Chen of Greenberg Farrow Architecture Engineering Development, 3010 LBJ ~
Freeway, Dallas, Texas 75234 was present to answer questions.
Motion for approval of a preliminary final plat for Lots 1-3, Block A, Home
Depot Center Addition, being a 16.889 acre tract situated in the B.B.B. &
C.R.R. Survey, Abstract NO. 173, located in the City of The Colony, Denton
County, Texas. (2000-PP002 and 2000-FP006) with staff stipulations,
Commissioner Wood; Second Commissioner Jamme. Motion carried 6-0.
5.0 PUBLIC HEARING
5.3 Hold a public hearing and consider a request for approval of a Specific Use
Permit to allow for open storage (with visual screening) in the Planned
Development "PD-16" zoning on Lot 3, Block A, Home Depot Center
Addition, a 13.42 acre tract situated in the B.B.B. & C.R.R. Survey, Abstract
NO. 173, located in the City of The Colony, Denton County, Texas. (2000-
SUPO02)
Chairman Agnew opened the public hearing at 7:11 p.m.
Mr. Persaud stated a request for approval of a Specific Use Permit in the Planned
Development PD-16 zoning on Lot 3, block A, Home Depot Center Addition located on
the northeast comer of Paige road and State Highway 121 has been received.
The 13.42 acre tract.was annexed into the City via Ordinance NO. 27 on March 20, 1979.
The tract was zoned Planned Development "PD-9" on October 17, 1994 via Ordinance
N0.862. The tract was later zoned Planned Development "PD-16" on July 26, 1999 via
Ordinance NO. 99-1129. -
The applicant has requested a Specific Use Permit (SUP) to allow for open storage (with
visual screening) on 'Tract A' located in Planned Development "PD-16" zoning district
and designated for General Retail "GR" and Business Park "BP" uses. Retail stores and
shops are permitted within the "GR" district, but the proposed open storage requires a
SUP.
The SUP process requires that site plan approval for the development be considered and
made part of the ordinance granting the SUP (Sec. 10-914).
The following SUP requirements have been met:
Planning and Zoning Commission June 13, 2000
Access
Traffic Study
Deceleration Lane
Utilities
Sidewalks -
Fire Protection
Signage
Landscaping
Open Storage/Loading Area/Garden Center screening
Gateway "GWY" Overlay Zoning District Guidelines
Five property owner notifications were mailed. No responses were received. SUP signs
were posted on the property in accordance with the City's comprehensive zoning
ordinance.
The Development Review Committee has reviewed the site plan and SUP for Home Depot
and recommends approval subject to the following stipulations:
1. Engineering plans are to be approved in accordance with city specifications.
2. Drainage Impact Fees as approved by Ordinance NO. 00-1186 for the Office Creek
Drainage Watershed will apply to this tract.
Mr. Dean Stuller of Innovative Transportation Solutions, Inc., 2309 Springlake Drive,
Dallas, Texas 75234 and Mr. Paul Hames of Needham Wright Engineering, Inc., 10290
Monroe Drive, Dallas, Texas 75229 were present to answer questions.
Chairman Agnew closed the public hearing at 7:28 p.m.
Motion for approval of a Specific Use Permit to allow for open storage (with visual
screening) in the Planned Development "PD-16" zoning on Lot 3, Block A, Home
Depot Center Addition, a 13.42 acre tract situated in the B.B.B. & C.R.R. Survey,
Abstract NO. 173, located in the City of The Colony, Denton County, Texas. (2000-
SUP002) with staff stipulations, Commissioner Snider; Second Commissioner
Mikulec. Motion carried 6-0.
5.2 Hold a public hearing and consider a request for approval of a replat for Lot
9R, Block 3, Garza Little Elm Lake Estates Addition, being a 0.561 acre tract
located in the R. Hardin Survey, Abstract NO. 611, located in the City of The
Colony, Denton County, Texas. (2000-RP003)
Chairman Agnew opened the public heating at 7:30 p.m.
Planning and Zoning Commission June 13, 2000
Mr. Hampton stated a request for approval ora replat for Lot 9R, Block 3, Garza Little
Elm Lake Estates Addition located on the east side of Main Street and Lake Highlands
Drive has been received.
The 0.561 acre tract was incorporated into the City via Ordinance NO. 490 on August 10, -
1987. The tract was zoned to Light Commercial "LC" via Ordinance NO. 559 on November
7, 1988.
The applicant is requesting the replatting of Lots 9 and 10, Block 3 of the Garza Little Elm
Lake Estates Addition to create one lot for development. The replat shows Lot 9R with
0.561 acres. A site plan for the 4,000 square foot Minassian Tire shop, which is located on
the proposed Lot 9R, is running concurrently with the replat.
FM 423 is designated as a "6D-A" six lane divided arterial with 120' ROW on the approved
Thoroughfare Plan of the City of The Colony. A 15' Right-Of-Way dedication is provided
on the replat for the future expansion of FM 423.
The lot will be served by existing utilities. A 24" water main has been installed along the
frontage of the lot. A 6" sanitary sewer line is also located along the frontage of the lot.
The Development Review Committee recommends approval of 2000-RP003, a replat for
Lot 9R, Block 3 of the Garza Little Elm Lake Estates Addition subject to the stipulation
engineering plans are to be approved in accordance with City specifications.
Chairman Agnew closed the public hearing at 7:32 p.m.
Motion for approval of a replat for Lot 9R, Block 3, Gar-za Little Elm Lake Estates
Addition, being a 0.561 acre tract located in the R. Hardin Survey, Abstract NO. 611,
located in the City of The Colony, Denton County, Texas. (2000-RP003) with staff
stipulations, Commissioner Wood; Second Commissioner Jamme. Motion carried
6-0.
4.0 ITEMS FOR CONSIDERATION
4.3 Consider a request for approval of a site plan for Minassian Tire Shop,
located on a 0.561 acre tract being Lot 9R, Block 3, Garza Little Elm Lake
Estates Addition, situated in the R. Hardin Survey, Abstract NO. 611, in the
City of The Colony, Denton County, Texas. (2000-SP006)
Mr. Persaud stated a request for approval of a site plan for Minassian Tire Shop, Lot 9R,
Block 3 located on the east side of Main Street and North of Lake Highlands Drive has
been received.
The 0.561 acre tract was incorporated into the City via Ordinance NO. 490 on August 10,
1987. The tract was zoned to Light Commercial "LC" via Ordinance NO. 559 on
November 7, 1988.
6
Planning and Zoning Commission June 13, 2000
The applicant is requesting the approval of a site plan for a 4,000 square toot tire shop.
Auto repair garage (inside) is a permitted use within the Light Commercial "LC" zoning
district.
The applicant has met the following City requirements:
Access
Parking
Fire Protection
Sidewalk
Utilities
Landscaping
Signage
Development Review Committee recommends approval of a site plan for Minassian Tire
Shop, subject to the following stipulations:
1. Engineering plans are to be approved in accordance with City
specifications.
2. Parking lot screening to be extended to screen eastern parking spaces.
3. All exterior walls shall be comprised of 75% brick, natural stone or EIFS,
exclusive of doors and windows.
Motion for approval of a site plan for Minassian Tire Shop, located on a
0.561 acre tract being Lot 9R, Block 3, Garza Little Elm Lake Estates
Addition, situated in the R. Hardin Survey, Abstract NO. 611, in the City of
The Colony, Denton County, Texas. (2000-SP006) with staff stipulations
Commissioner Jamme; Second Commissioner Wood. Motion carried 6-0.
4.4 Consider a request by U.S. Restaurant Properties, Inc., for approval
of an amended site plan for a convenience store, restaurant and car
wash located on Lot 1, Block A, Universal Metro Holdings, Inc./121
Addition, a 2.02 acre tract located in the City of The Colony, Denton,
County, Texas. (2000-SP005)
Mr. Persaud stated a request for approval of an amended site plan for a
convenience store, restaurant and car wash, Lot 1, Block A, Universal Metro
Holdings, Inc./121 Addition located on the northwest comer of Momingstar Drive
and State Highway 121 has been received.
The 2.02 acre site was zoned Business Park "BP" zoning district classification via
Ordinance No. 61 on June 4, 1979. The site was zoned Planned Development "PD-9"
for Business Park uses via Ordinance No. 862 on October 17, 1994. The site was zoned
7
Planning and Zoning Commission June 13, 2000
Planned Development "PD-16" for Business Park uses via Ordinance No. 99-1129 on
July 26, 1999.
The Site Plan includes a convenience store, gas station, two restaurants (8,820 square feet
total), and a car wash (875 square feet) A site plan and SUP were approved on
August 16, 1999, for the Legacy Liquor store, a 3,018 square foot structure which has
been permitted and is currently under construction. The proposed site plan amendment
will not affect the liquor store in any way.
The review of the site plan has met all the following City requirements:
Access
Deceleration Lane
Parking
Landscaping
Fire Protection
Gateway "GWY" Overlay Zoning District Guidelines
Dumpster Screening
External Lighting
Signage
The Development Review Committee recommends approval of the site plan for U.S.
Restaurant Properties, subject to the following stipulations:
1. Engineering plans are to be approved in accordance with City
specifications.
2.Separate Instruments for mutual access easements are to be
approved by the City Engineer and filed with the final plat.
3.Deceleration lane is to be designed and constructed in
accordance with TXDOT and City of The Colony standards.
4.All striping and traffic management controls to be installed on
SH 121 are subject to approval by TXDOT.
Mr. Paul Glenn of Glenn & Associates, 2240 E. Lucas Road, Allen, Texas 75002 was
present to answer questions.
Motion for approval of an amended site plan for a convenience store,
restaurant and car wash located on Lot 1, Block A, Universal Metro
Holdings, Inc./121 Addition, a 2.02 acre tract located in the City of The
Colony, Denton, County, Texas. (2000-SP005) with staff stipulations
Commissioner Hubbard; Second Commissioner Snider. Motion passed 6-0.
4.5 Consider a request for approval of a final plat for Legend Crest Phase IX,
being a 16.119 acre tract located in the B.B.B. & C.R.R. Survey, Abstract No.
174 and the William A. Bridges Survey, Abstract No. 112, located in the City
of The Colony, Denton County, Texas. (2000-FP007)
Planning and Zoning Commission June 13, 2000
Mr. Hampton stated a request for approval of a final plat for Legend Crest Phase IX
located west of Morningstar Drive and North of Memorial has been received.
The 16.119 acre tract was zoned Planned Development PD-9 on October 17, 1994 via
Ordinance NO. 862. The tract was then rezoned on February 24, 1997 to create Planned
Development PD-14 via Ordinance NO. 961. An amendment to Planned Development PD-
14 was approved on March 15, 1999 via Ordinance NO. 99-1098 that designated this tract for
Single Family "SF" uses. Planning and Zoning Commission approved the preliminary plat
for Legend Crest Phase IX on September 14, 1999.
The final plat for Legend Crest, Phase IX will incorporate 74 lots in an area of 16.119 acres.
This will allow for 4.59 dwelling units per acre. The planned development ordinance allows
for flexibility in housing density distribution providing that the entire Legends development
may not exceed a total of 4.00 dwelling units per acre. Currently, the overall density is
calculated at 4.05 units per acre.
The preliminary plat complies with the area regulations as prescribed by the planned
development ordinance. The final plat is located in Parcel C, Tract 2. Minimum lot widths
when measured at the building line are no less than 40' and 35' on curves.
Water and sewer service is provided through existing lines in the Legends development.
A 20' landscape buffer is provided along Morningstar Drive and Memorial Drive. The
landscape buffer is to be maintained by the Homeowner's Association. The developer will
install 4' sidewalks on all streets and sidewalks shall be continuous across easements.
Development Review Committee recommends approval of the final plat for Legend Crest,
Phase IX subject to the following stipulations:
1. Engineering plans are to be approved in accordance with city specifications.
2. Correct the dedication statement so that the referenced "Owner" is consistent.
Mr. Warren Corwin of Corwin Engineering, 200 W. Belmont, Allen, Texas 75013 was
present to answer questions.
Motion for approval of a final plat for Legend Crest Phase IX, being a 16.119 acre
tract located in the B.B.B. & C.R.R. Survey, Abstract No. 174 and the William A.
Bridges Survey, Abstract No. 112, located in the City of The Colony, Denton
County, Texas. (2000-FP007) with staff stipulations Commissioner Wood; Second
Commissioner Jamme. Motion carried 6-0.
5.0 PUBLIC HEARING
5.1 Hold a public hearing and consider a request for approval of an amended
concept plan for Planned Development "PD-8" with regard to 10.58 acres
9
Planning and Zoning Commission June 13, 2000
currently designated as a school site and proposed for Single Family use,
situated in the Samuel Chowning Survey, Abstract NO. 244, the Patrick
O'Leary Survey, Abstract N0. 978, and the R.G. Dunlap Survey, Abstract
NO. 352, located in the City of The Colony, Denton County, Texas. (2000-
z005)
Chairman Agnew opened the public hearing at 7:49 p.m.
Mr. Hampton stated a request for approval of an amended concept plan for PD-8 located
west of Ethridge Drive and north of Stewart Boulevard has been received.
The 10.58 acre subject tract was zoned Planned Development PD-8 and designated as a
school site via Ordinance NO. 954 on December 19, 1996.
The applicant is requesting that a 10.58 acre tract designated as a school site by the Planned
Development ordinance be amended to allow for single family residential uses. The
proposed Parcel G, Tract 1 is located immediately north of Stewart Boulevard and west of
Ethridge Drive.
The proposed development will access Ethridge Drive located on the east side of the subject
tract. Etheridge Drive is shown on the approved Thoroughfare Plan as a four lane collector
street '4U-B' with 60' Right-Of-Way. The developer will be required to participate in the
improvement of Etheridge Drive at the time of platting.
The proposed PD amendment is consistent with the future land use plan included in the
approved Comprehensive Plan. The subject tract is identified for low density residential
use.
The typical lot size proposed for this parcel is fifty-five (55) feet width by one hundred and
ten (110) feet depth.
The planned development ordinance allows for flexibility in housing density distribution
providing that the entire Stewart Peninsula development may not exceed a total of 3.64
dwelling units per acre. With the proposed forty-three (43) new single family lots on Parcel
G, Tract 1, the overall density is calculated at 3.56 units per acre..
Preliminary and final plat approval will be required prior to issuance of any building
permits.
Zoning Change Request signs were posted and thirty-three property ownership notifications
were mailed to property owners within 200' of the subject tract. Four responses were
received. Two for and 2 against.
10
Planning and Zoning Commission June 13, 2000
The Development Review Committee recommends approval of the amended concept plan
for PD-8.
Mr. Rusty Nichols of Stewart Peninsula Development Partners, 200 Cottonwood Springs
Circle was present to answer questions.
Ms. Nancy Solohubow of 4104 Driscoll was concerned about the landscape if Ethridge is
widened to four lanes.
Mr. Nichols informed Ms. Sotohubow that that portion of land had been dedicated to the
City. Any future decisions with regard to the landscape will be made by The City of The
Colony.
Mr. Tim Solohubow of 4140 Driscoll asked if zoning change request signs had been placed
on Ethridge. Mr. Persaud stated signs had not been placed on Ethridge prior to the Planning
and Zoning meeting. However, two signs will be placed on Ethridge prior to the proposed
July 3rd City Council meeting. Mr. Solohubow mentioned the site plan map was not correct.
Mr. Persaud assured Mr. Solohubow that this will be addressed when the final plat is
scheduled for Planning and Zoning approval.
Chairman Agnew closed the public hearing at 8:05 p.m.
Motion for approval of an amended concept plan for Planned Development "PD-8"
with regard to 10.58 acres currently designated as a school site and proposed for
Single Family use, situated in the Samuel Chowning Survey, Abstract NO. 244, the
Patrick O'Leary Survey, Abstract NO. 978, and the R.G. Dunlap Survey, Abstract
NO. 352, located in the City of The Colony, Denton County, Texas. (2000-Z005)
with the deletion of the private drive listed in the development standards
Commissioner Jamme; Second Commissioner Wood. Motion carried 6-0.
5.4 Hold a public hearing and consider making a recommendation to City
Council with regard to amending the comprehensive zoning ordinance of the
City, the same being Appendix A - Zoning of the City's Code of Ordinances,
as amended, by providing for a new Section 17-106.1, requiring a minimum
masonry content for exterior walls of buildings located in townhouse, multi-
family and non-residential zoning districts.
Chairman Agnew opened the public hearing at 8:06 p.m.
Mr. Persaud reminded the Commissioners that this ordinance was discussed at the last
Planning and Zoning meeting. At that time directions were given by the Planning and
Zoning Commissioners and The City Attorney.
Chairman Agnew closed the public hearing at 8:07 p.m.
11
Planning and Zoning Commission June 13, 2000
Motion to make a recommendation to City Council with regard to amending the
comprehensive zoning ordinance of the City, the same being Appendix A - Zoning
of the City's Code of Ordinances, as amended, by providing for a new Section 17-
106.1, requiring a minimum masonry content for exterior walls of buildings located
in townhouse, multi-family and non-residential zoning districts Commissioner-
Wood; Second Commissioner Snider. Motion passed 6-0.
Chairman Agnew declared a 5 minute break.
5.5 Hold a public hearing and consider making a recommendation to City
Council with regard to amending the comprehensive zoning ordinance
of the City, the same being Appendix A - Zoning of the City's Code of
Ordinances, as amended, by amending Subsection 17-107(B)(4)
relating to under canopy lighting for service stations.
Chairman Agnew opened the public hearing at 8:15 p.m.
Mr. Persaud stated this particular ordinance was expedited some time ago. After
review it was agreed a community standard needed to be developed. The
recommended changes are under Section 2, paragraph 2. These changes should
read:
Areas around the pump islands and under canopies must be illuminated so that the
average horizontal illuminance at grade level is no more than 25 foot-candles and
the maximum horizontal illuminance at grade level is no more that 35 foot-
candles.
Chairman Agnew closed the public hearing at 8:23 p.m.
Motion to make a recommendation to City Council with regard to amending
the comprehensive zoning ordinance of the City, the same being Appendix A
Zoning of the City's Code of Ordinances, as amended, by amending
Subsection 17-107(B)(4) relating to under canopy lighting for service stations
Commissioner Wood; Second Commissioner Jamme. Motion carried 6-0.
6.0 OTHER BUSINESS
Commissioner Mikulec requested the status on the Racetrac Gas Station. Mr.
Persaud explained the reason for the delay is due to problems with the easement
acquisition at the rear of the property.
Commissioner Hubbard asked if the SUP continues with the sale of the property. Mr.
Persaud stated the SUP is only in effect for 90 days after the original business relocates.
12
Planning and Zoning Commission June 13, 2000
Mr. Persaud was also asked if the City Hall is in accordance with the city's sign
ordinance. Mr. Persaud informed the commissioners that the sign is only a temporary
sign and is in accordance while city hall is still under construction.
7.0 STAFF REPORT
7.1 Director's Report
Mr. Persaud informed the Commission of future agenda items:
1. SUP for Smokestack BBQ at the old Angelina's location.
2. CIP presentations from all departments for recommendations to City Council.
3. Southwest Legal Foundation course on Friday, June 23rd.
Chairman Agnew suggested concerns for replacement of the vacant position on the
Planning and Zoning Commission be addressed at the next City Council meeting during
the Citizen Input.
With no further business, the meeting adjourned at 8:35 p.m.
Agnew, ~h~i~an
rsaar, Recording Secretary
13
Planning and Zoning Commission June 13, 2000
~4
Planning and Zoning Commission June 27, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON JUNE 27, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony:,
Texas was called to order at 7:00 p.m. on the 27th of June 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
DeVille Hubbard
Bill Jamme
Kirk Mikulec
Absent:
Cathy Wood
DeWayne Snider
Staff: Harry Persaud, Director of Planning
Steve Chutchian, Director of Public Works Administration
Antonio Johnston, Finance Director
Sandy Vondersaar, Recording Secretary
With four (4) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on June 13, 2000.
Motion to approve the minutes, with two additions, for the meeting held on June 13,
2000, Commissioner Jamme; Second, Commissioner Mikulec. Motion carried 4-0.
3.0 CITIZEN INPUT
None
4.0 PUBLIC HEARING
4.1 Hold a public hearing and consider a request for approval of a Specific Use
Permit for the sale of liquor, beer and wine for on-premise consumption in a
restaurant, for a 3,000 sq ft. Smokestack BBQ Restaurant, located at 4750
South Colony Blvd, Suite 120, situated in the B.B.B. and C.R.R. Survey,
Abstract NO. 173, in the City of The Colony, Denton County, Texas. (2000-
SUP003)
Planning and Zoning Commission June 27, 2000
Chairman Agnew opened the public heating at 7:04 p.m.
Mr. Persaud stated a request for a Specific Use Permit for the sale of liquor, beer and
wine for on-premise consumption at Smokestack BBQ Restaurant located at 4750 South
Colony Boulevard, Suite 120 has been received.
Mr. Coney R. Price of Smokestack BBQ, 4750 South Colony Boulevard, The Colony,
Texas was present to answer questions.
Chairman Agnew closed the public heating at 7:08 p.m.
Motion for approval of a Specific Use Permit for the sale of liquor, beer and wine
for on-premise consumption in a restaurant, for a 3,000 sq ft. Smokestack BBQ
Restaurant, located at 4750 South Colony Blvd, Suite 120, situated in the B.B.B. and
C.R.R. Survey, Abstract NO. 173, in the City of The Colony, Denton County, Texas.
(2000-SUP003) Commissioner Jamme; Second Commissioner Mikulec. Motion
carried 4-0.
5.0 ITEMS FOR CONSIDERATION
5.1 Receive a report and consider making a recommendation to the City Council
regarding the Capital Improvements Plan for the Public Works Department.
Mr. Steve Chutchian presented his Capital Improvements Plan for the Public Works
Department.
Mr. Antonio Johnston, was present to answer questions.
After discussion Mr. Persaud suggested the CIP be streamlined before the Commission
makes their recommendation to City Council.
The Capital Improvements Plan for the Public Works Department was tabled and will be
placed on the Planning and Zoning agenda at a future date.
6.0 OTHER BUSINESS
None
7.0 STAFF REPORTS
7.1 Director's Report
Mr. Persaud informed the Commission of future agenda items:
1. Office Development located behind MacDonald's.
Planmng and Zoning Commnssion June 27, 2000
2. Dedication Plans for South Colony Boulevard.
3. Office Development on Main Street.
With no further business, the meeting adjourned at 8:25 p.m.
Joe Agnew, Chmrman
.~'ga~dy V(~ers~, Recording Secretary
Planning and Zoning Commission July 11, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON JULY 11, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:05 p.m. on the 11th of July 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
DeVille Hubbard
Bill Jamme
Kirk Mikulec
Cathy Wood
Absent:
DeWayne Snider
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
Van Morrison, Fire Chief
Joe Clark, Police Chief
Sandy Vondersaar, Recording Secretary
With four (5) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on June 27, 2000.
Motion to approve the minutes for the meeting held on June 27, 2000,
Commissioner Jamme; Second, Commissioner Deville. Motion carried 5-0.
3.0 CITIZEN INPUT
None
4.0 ITEMS FOR CONSIDERATION
4.1 Consider a request for approval of a final plat for Legend Trails, Phase III,
being a 21.83 acre tract located in the B.B.B. & C.R.R. Survey, Abstract No.
173, located in the City of The Colony, Denton County, Texas. (2000-FP008)
Mr. Hampton stated a request for approval of a final plat for Legend Trails, Phase III
located east of Paige Road and South of South Colony Boulevard has been received.
Planning and Zoning Commission July 11, 2000
Mr. Warren Corwin of Corwin Engineering, 200 W. Belmont, Suite E, Allen, Texas
75013 and Mr. Cary Cobb oflntermandeco, Inc., 1401 Burnham Drive, Plano, Texas
75093 were present to answer questions.
Mr. Saldafia informed the commission that in order for the sanitation trucks to have alley
access, for trash pickup, an alley easement is required for this plat to work.
Mr. Corwin stated the developer will make a comer clip easement available or change the
alley configuration and make these lots front entry.
Staff recommends approval with the following stipulations:
1. Engineering plans are to be approved in accordance with City specifications.
2. Remove the alley which serves Lots 1-6, Block K, or provide a comer clip at
the southeast comer of the vacant Shopping Center "SC" tract to achieve a 40'
radius at the typical alley Right-Of-Way line.
A motion to approve a final plat for Legend Trails, Phase III, being a 21.83 acre
tract located in the B.B.B. & C.R.R. Survey, Abstract No. 173, located in the City of
The Colony, Denton County, Texas. (2000-FP008) with staff stipulations
Commissioner Wood; Second Commissioner Jamme. Motion carried 5-0.
4.2 Receive a report and consider making a recommendation to the City Council
regarding the Capital Improvements Plan for the Police, Fire, Inspections,
City Secretary and Planning Departments.
Mr. Persaud presented the Capital Improvements Plan for the Planning Department, City
Secretary, and the Inspections Department. ChiefMorrison presented the Capital
Improvements Plan for the Fire Department and Chief Clark presented the Capital
Improvements Plan for the Police Department and Animal Control.
Motion to recommend to the City Council adoption of the Capital Improvements
Plan for the Police, Fire, Inspections, City Secretary and Planning Departments
Commissioner Wood; Second Commissioner Jamme. Motion carried 5-0.
5.0 OTHER BUSINESS
The Commissioners are still concerned with the vacant position on the Planning and
Zoning Board. Mr. Persaud said he had not heard from Council regarding the
appointment of a new commissioner but would inform them as soon as he hears
something.
2
Planning and Zoning Commission July 11, 2000
Commissioner Mikulec would like staff to investigate the addition of a sign on top of the
original sign for Street Talk Restaurant. Mr. Persaud will make sure the additional
signage meets City specifications.
6.0 STAFF REPORTS
6.1 Director's Report
Mr. Persaud informed the Commission of future agenda items:
1. Wallco Drywall
2. Austin Ranch Phase II
The above items will not be ready for the next regularly scheduled meeting of July 25th.
If the meeting is cancelled staff will call the commissioners on Wednesday, July 19th.
With no further business, the meeting adjourned at 8:10 p.m.
<~~'~Ag~w, Ch~
Sandy Vondlxf',g'aar, Recording Secretary
Planning and Zoning Commission August 8, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON AUGUST 8, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 8th of August 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
DeVille Hubbard, Vice Chairman
Bill Jamme
Kirk Mikulec
Cathy Wood
DeWayne Snider
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
Para Nelson, Parks & Recreation Director
Sam Fitzgerald, Assistant Parks & Recreation Director
Sandy Vondersaar, Recording Secretary
With six (6) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on July 11, 2000.
Motion to approve the minutes for the meeting held on July 11, 2000, Commissioner
Jamme; Second, Commissioner Wood. Motion carried 6-0.
3.0 CITIZEN INPUT
None
4.0 ITEMS FOR CONSIDERATION
4.1 Consider a request for approval of a final plat for the Arbor Hills Way and
Santa Cristina Right-Of-Way dedication, being a 2.5463 acre tract situated in
the J.B. Martin Survey, Abstract NO. 827, located in the City of The Colony,
Denton County, Texas. (2000-FP009)
Mr. Hampton stated a request for approval of a final plat for the Arbor Hills Way and
Santa Cristina Right-of-Way has been received.
Planning and Zoning Commission August 8, 2000
Mr. Paul Nagler of Billingsley Development, 4800 West, 2200 Ross Avenue, Dallas,
Texas 75201 was present to answer any questions.
Staff recommends approval with the following stipulation:
1. Engineering plans are to be approved in accordance with City specifications.
A motion to approve a final plat for the Arbor Hills Way and Santa Cristina Right-
Of-Way dedication, being a 2.5463 acre tract situated in the J.B. Martin Survey,
Abstract NO. 827, located in the City of The Colony, Denton County, Texas. (2000-
FP009) with staff stipulation Commissioner Wood; Second Commissioner Jamme.
Motion carried 6-0.
4.2 Consider a request for approval of an ordinance granting a change in zoning
from Planned Development "PD-9" zoning district classification, designated
for Business Park "BP" and Multi family "MF" uses and establishing a new
Planned Development District "PD-17" to allow for Business Park "BP",
General Retail "GR" and Multi family "MF" uses on a 329 acre tract
situated south of SH 121 and west of the Railroad and located in the B.B.B.
and C.R.R. SurveyAbstracts #173 and #174 and in the M.D.T. Hallmark
Survey Abstract #570, in the City of The Colony, Denton County,Texas.
(2000-Z003)
Mr. Persaud reviewed the current zoning on the subject tract and introduced Mr. Dennis
Wilson of J. D. Wilson and Associates, 9410 Hermosa Drive, Dallas, Texas 75218-3549,
to present the staff report. Mr. Wilson then pointed out the changes that were made to the
PD Ordinance since the May 15th public hearing.
The following individuals were also present to state their opinions:
Sharon Ellis, 5217 Arbor Glen, The Colony, Texas 75056
John Ellis, 5217 Arbor Glen, The Colony, Texas 75056
Richard Kuether, 4109 Driscoll Drive, The Colony, Texas 75056
Nancy Shaw, 5740 Perrin, The Colony, Texas 75056
Paul Kramer, 2014 Ash Hill, Carrollton, Texas
The general consensus was for the following concerns:
Capacity of buildings impact on the community
Increase in traffic to The Colony and surrounding Cities
Infrastructure
Schools
Health
Police and Fire protection
FAA approval of building height
Reconstruction of Community and its religious beliefs
Planning and Zoning Commission August 8, 2000
No record of any previous completion of this developer's projects
Doesn't fit landscape of surrounding area
Glass reflection
Developer's possible involvement in current litigation
Tax exemptions
Financial stability of the Maharishi Global Development Fund
Mr. William Dalstrom of Jenkens & Gilchrist, 1445 Ross Avenue, Suite 3200, Dallas,
Texas 75202-2799, assured the citizens that they will work both with The City of The
Colony and the FAA to make this a world class development. They will conduct traffic
analysis and infrastructure impact studies before final plat approval. The reflectivity
issue will be worked out. A decision on the exterior materials will be made at a later
date. He stated they are very excited about moving to The Colony and this will be a
"mixed use development". Therefore, any concerns regarding imposing particular
religious beliefs will not be an issue.
After lengthy decision the Planning and Zoning Commission stated their greatest concern
was the impact on the community as a whole. However, zoning decisions cannot be
made for religious reasons or concerns. The FAA will not be an issue until height is '
determined. The process is in place to protect the City. At this time "land use" is the
only factor to be considered.
Motion to approve an ordinance granting a change in zoning from Planned
Development "PD-9" zoning district classification, designated for Business Park
"BP" and Multi family "MF" uses and establishing a new Planned Development
District "PD-17" to allow for Business Park "BP", General Retail "GR" and Multi
family "MF" uses on a 329 acre tract situated south of SH 121 and west of the
Railroad and located in the B.B.B. and C.R.1L SurveyAbstracts #173 and #174 and
in the M.D.T. Hallmark Survey Abstract #570, in the City of The Colony, Denton
County,Texas. (2000-Z003) Commissioner Jamme; Second Commissioner Wood.
Motion carried 4-2. Commissioner Jamme, Wood, Snider, and Mikulec for;
Commissioners Agnew and Hubbard against.
4.3 Receive a report and consider making a recommendation to the City Council
regarding the Capital Improvements Plan for the Parks and Recreation
Department. (2000-M009)
Ms. Nelson presented the Capital Improvements Plan for the Parks and Recreation
Department.
Motion to recommend to the City Council adoption of the Capital Improvements
Plan for the Parks and Recreation Department. (2000-M009) Commissioner Wood;
Second Commissioner Hubbard. Motion carried 6-0.
5.0 OTHER BUSINESS
Planning and Zoning Commission August 8, 2000
Commissioner Hubbard inquired about the extension of Boyd Road to Highway 121. Mr.
Persaud said the County has approved a two million dollar feasibility study for Boyd
Road.
6.0 STAFF REPORTS
6.1 Director's Report
The staff furnished attendance records of the P & Z Commissioners per Chairman
Agnew's request, for City Council review. Inquiries are still being made to Council
regarding the P & Z Board vacancy.
Mr. Persaud informed the Commission of future agenda items:
1. Plans in the near future for a Office Building at West Port Drive and an Office
Building at 423 in the Eastvale area.
2. Landscape Plans will be on the August 22nd agenda.
3. Home Depot is moving forward.
4. Mr. Saldafia conducted the RFQ meeting. There was a large turn out.
With no further business, the meeting adjourned at 8:50 p.m.
~_~.~Agnew, Cha~ ~
S-andy Vo~ers~ar~ Recording Secretary
Planning and Zoning Commission August 22, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON AUGUST 22, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 22na of August 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
DeVille Hubbard, Vice Chairman
Bill Jamme
Kirk Mikulec
Cathy Wood
DeWayne Snider
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
Sandy Vondersaar, Recording Secretary
With five (5) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on August 8, 2000.
Motion to approve the minutes for the meeting held on August 8, 2000,
Commissioner Wood; Second, Commissioner Jamme. Motion carried 5-0.
Chairman Agnew arrived at the meeting.
3.0 CITIZEN INPUT
None
4.0 ITEMS FOR CONSIDERATION
4.1 Consider a request for approval of a landscape plan for the intersection of
Windhaven Parkway and Piano Parkway located in the City of The Colony,
Denton County, Texas (2000-M010)
Mr. Persaud introduced Mr. Paul Nagler of Billingsley Development, 4800 West, 2200
Ross Avenue, Dallas, Texas 75201, and Mr. Terry Attenberger landscape architect with
Mesa Design Group, Dallas, Texas, to present the landscaping plan and answer any
questions.
Planning and Zoning Commission August 22, 2000
A motion to approve a landscape plan for the intersection of Windhaven Parkway
and Piano Parkway located in the City of The Colony, Denton County, Texas (2000-
M010) Commissioner Jamme; Second Commissioner Snider. Motion carried 6-0.
5.0 OTHER BUSINESS
None
6.0 STAFF REPORTS
6.1 Director's Report
Mr. Persaud reminded the Commissioners that Chairman Agnew and Commissioner
Mikulec may not be attending the September 12th Planning and Zoning Meeting. In order
to have a quorum the remaining Commissioners must be present.
The Commissioners were furnished a calendar of courses available through NCTCOG.
Anyone wishing to attend please inform staff and they will make the necessary
arrangements.
With no further business, the meeting adjourned at 7:15 p.m.
DeVille I-"{'"ub6ard, Vice Ch-~irman
~,~rsaar, Recording Secretary
2
Planmng and Zoning Commission September 12, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON SEPTEMBER 12, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 12th of September 2000, at City Hall with
the following members present:
Joe Agnew, Chairman
De¥ille Hubbard, Vice Chairman
Bill Jamme
Kirk Mikulec
Cathy Wood
DeWayne Snider
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
Sandy Vondersaar, Recording Secretary
With five (5) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on August 22, 2000.
Motion to approve the minutes for the meeting held on August 22, 2000,
Commissioner Jamme; Second, Commissioner Hubbard. Motion carried 5-0.
Commissioner Mikulec arrived at the meeting.
3.0 CITIZEN INPUT
None
4.0 PUBLIC HEARING
4.1 Hold a public hearing and consider a request for approval of a Specific Use
Permit allowing for a dance studio within the Shopping Center "SC" zoning
district classification, located in the Colony Square Shopping Center and
situated at 5201 South Colony Blvd, Suite 200, on the northwest corner of
Paige Road and South Colony Blvd. (2000-SUP004)
Chairman Agnew opened the public hearing at 7:05 p.m.
Planmng and Zoning Commission September 12, 2000
Mr. Persaud stated a request for approval of a Specific Use Permit allowing for a dance
studio located on the northwest comer of Paige Road and South Colony Boulevard has -'"-
been received. He then introduced Mr. David Lewis of Coppell, owner of the dance
studio, to answer any questions.
Mr. Persaud stated that two property notification forms were received. Both were in
favor.
Chairman Agnew closed the public hearing at 7:10 p.m.
Motion for approval of a Specific Use Permit allowing for a dance studio
within the Shopping Center "SC" zoning district classification, located in the
Colony Square Shopping Center and situated at 5201 South Colony Blvd,
Suite 200, on the northwest corner of Paige Road and South Colony Blvd.
(2000-SUP004), Commissioner Jamme; Second Commissioner Snider.
Motion carried 6-0.
5.0 ITEMS FOR CONSIDERATION
5.1 Consider a request for approval of a final plat for Lot 1, Block A, KimBre
Group Office Building Addition, being a 1.23 acre tract situated in the A.
Singleton Survey, Abstract NO. 1138, located in the City of The Colony,
Denton County, Texas. (2000-FP011)
Commissioner Snider excused himself due to conflict of interest.
Mr. Hampton stated a request for approval of a final plat located north of Highway 121
and east of Stanridge Drive has been received. Mr. Scott Stonebumer of Stonebumer
Land Sury. eying, P.O. Box 270863, Flower Mound, Texas 75027 was present to answer
questions.
Motion for approval of a final plat for Lot 1, Block A, KimBre Group Office
Building Addition, being a 1.23 acre tract situated in the A. Singleton Survey,
Abstract NO. 1138, located in the City of The Colony, Denton County, Texas. (2000-
FP011) subject to change in water easements from 10' to 15', Commissioner
Jamme; Second, Commissioner Mikulec. Motion passed 6-0.
6.0 OTHER BUSINESS
Commissioner Jamme asked for advice when a Commissioner encounters a problem
within the City. Chairman Agnew suggested it be brought to the attention of the City
Hall staff. They can investigate and generally resolve the situation.
7.0 STAFF REPORTS
7.1 Director's Report
2
Planning and Zoning Commission September 12, 2000
Mr. Persaud informed the commission of future agenda items:
1. Site for KimBre Office Building.
2. Pizza Inn office and warehouse located on Plano Parkway.
3. Wallco Drywall project.
4. Home Depot in progress.
5. Golden Corral speculating possible site.
Commissioner Jamme asked about progress on Racetrac. Mr. Saldafia stated they will be
submitting a revised utility plan in the next 30 days.
Mr. Persaud also mentioned the possibility of a Merlins Brake and Muffler Shop on Main
Street.
The Commissioners were furnished a booklet of courses available through The
Southwestern Legal Foundation. Anyone wishing to attend please inform staff and they
will make the necessary arrangements.
With no further business, ~~h~g,~a~djoumed at 7:30 p.m.
/'"Sandy Vo~rsaar, Recording ~ecretary
Planning and Zoning Commission October 10, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON OCTOBER 10, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 10t~ of October 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
DeViile Hubbard, Vice Chairman
Bill Jamme
Cathy Wood
DeWayne Snider
Absent:
Kirk Mikulec
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
Sandy Vondersaar, Recording Secretary
With five (5) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on September 12, 2000.
Motion to approve the minutes for the meeting held on September 12, 2000,
Commissioner Jamme; Second, Commissioner Snider. Motion carried 5-0.
3.0 CITIZEN INPUT
None
4.0 PUBLIC HEARING
4.1 Hold a public hearing and consider a request for approval of a
Specific Use Permit allowing for a rectory in an existing church
located in the Neighborhood Services "NS" zoning district
classification, situated at 5600 North Colony Boulevard on the
northeast corner of Taylor Drive and North Colony Boulevard.
(2000-SUP005)
Chairman Agnew opened the public hearing at 7:02 p.m.
Planning and Zoning Commission October 10, 2000
Mr. Persaud stated a request for a Specific Use Permit allowing for a rectory in the St.
Sophia Ukrainian Catholic church located on the northeast comer of North Colony
Boulevard and Taylor Drive has been received.
Mr. Persaud informed the Commission that 57 property notifications forms were mailed
to property owners within 200 feet of the subject tract. Five responses have been
received. Two opposed, two in favor and 1 undecided.
Representatives Father Vasyl Savchyn, Ms. Chrystya Germesz and Mr. Richard Bogdon
of the St. Sophia Ukrainian Catholic Church were present to answer any questions.
Chairman Agnew closed the public hearing at 7:10 p.m.
Motion for approval of a Specific Use Permit allowing for a rectory in an
existing church located in the Neighborhood Services "NS" zoning district
classification, situated at 5600 North Colony Boulevard on the northeast
corner of Taylor Drive and North Colony Boulevard (2000-SUP005) with
staff stipulations, Commissioner Hubbard; Second, Commissioner Wood.
Motion carried 5-0.
4.2 Hold a public hearing and consider making a recommendation to City
Council with regard to a request for Planned Development "PD" ----
zoning district classification on a tract of 611.5 acres located on
Wynnwood Peninsula, situated west of FM 423 and generally south of
Boyd Road in the City of The Colony, Denton County, Texas. (2000-
ZOO6)
Chairman Agnew opened the public heating at 7:12 p.m.
Mr. Persaud stated a request for Planned Development "PD" zoning district classification
on a tract of 611.5 acres located west of FM 423 and generally south of Boyd Road has
been received.
Mr. Persaud informed the Commission of changes made on page 13, after the packets had
been delivered. Under "Permitted Uses" bullet 4 should include "BP" zoning districts
and under "Development Standards" the first paragraph should include "BP"
development standards should apply.
Mr. Blackwood, President of Equine Investment Properties, Corp., 5200 Paige Road, The
Colony, Texas 75056, and Mr. Tim House of Matthews Southwest, 1660 S. Stemmons
Freeway #280, Lewisville, Texas 75067, gave a presentation detailing furore plans for the
development.
Ms. Becky Middleton, 3600 Velinova, Dallas, Texas, stated she and her sister are trustees
of land adjacent to this development. She stated information from The City of The
2
Planning and Zoning Commission October 10, 2000
Colony is very difficult to obtain. Therefore, she is undecided and requests a copy of the
entire development plan. Mr. Persaud stated the staff has done everything necessary to
notify property owners of this zoning change. Staff has met with her in the past and will
be available to meet with Ms. Middleton in the future. We are always available to answer
questions for all property owners adjacent to land being rezoned.
Chairman Agnew closed the public heating at 7:58 p.m.
A motion to make a recommendation to City Council with regard to a request for
Planned Development "PD" zoning district classification on a tract of 611.5 acres
located on Wynnwood Peninsula, situated west of FM 423 and generally south of
Boyd Road in the City of The Colony, Denton County, Texas. (2000-Z006),
Commissioner Wood; Second Commissioner Jamme. Motion passed 5-0.
5.0 ITEMS FOR CONSIDERATION
5.1 Consider a request for approval of a site plan for the KimBre Office Building,
located on a 1.23 acre tract being Lot 1, Block A, KimBre Management LLP
Office Building Addition, situated in the A. Singleton Survey, Abstract NO.
1138, located in the City of The Colony, Denton County, Texas. (2000-SP009)
Commissioner Snider excused himself due to conflict of interest.
Mr. Hampton stated a request for approval of a site plan for the KimBre Office Building
located north of SH 121 and east of Standridge Drive has been received.
Mr. Scott Stonebumer of Stonebumer Land Surveying, P.O. Box 270863, Flower Mound,
Texas 75027, was present to answer questions.
Motion for approval of a site plan for the KimBre Office Building, located on a 1.23
acre tract being Lot 1, Block A, KimBre Management LLP Office Building
Addition, situated in the A. Singleton Survey, Abstract NO. 1138, located in the City
of The Colony, Denton County, Texas. (2000-SP009) with staff stipulations,
Commissioner Jamme; Second, Commissioner Hubbard. Motion carried 4-0.
6.0 OTHER BUSINESS
Commissioner Hubbard asked if the Commission had approved a drive through window
for the liquor store at SH 121 and Morningstar. Mr. Persaud and Mr. Hampton stated it
was on the site plan.
Commissioner Wood inquired as to the status of appointing a seventh commissioner to
the Planning and Zoning Commission. To date Mr. Persaud has not heard from the
Council.
7.0 STAFF REPORTS
Planning and Zoning Commission October 10, 2000
7.1 Director's Report --
Mr. Persaud informed the Commission of future agenda items:
1. Pizza Inn amended PD.
2. Super 1 Foods will be located in the old Wal-Mart.
3. Animal Clinic SUP for expansion.
4. IHOP coming soon.
5. The Volunteer Awards Dinner will be held November 30, 2000, at The
Tribute.
With no further business, the meeting adjourned at 8:12 p.m.
oe Agnew, Chairman
' Sandy Vogflersaar, Recording Secretary
4
Planning and Zoning Commission October 24, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON OCTOBER 24, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:04 p.m. on the 24th of October 2000, at City Hall with the
following members present:
Joe Agnew, Chairman
DeViile Hubbard, Vice Chairman
Bill Jamme
DeWayne Snider
Kirk Mikulee
Absent:
Cathy Wood
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
Sandy Vondersaar, Recording Secretary
With five (5) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Z. oning Commission Minutes for
the meeting held on October 10, 2000.
Motion to approve the minutes with corrections for the meeting held on October 10,
2000, Commissioner Jamme; Second, Commissioner Hubbard. Motion carried 5-0.
3.0 CITIZEN INPUT
None
4.0 PUBLIC HEARING
4.1 Hold a public hearing and consider a request for approval of a
Specific Use Permit allowing for the sale of beer, wine and liquor for
on-premise consumption in a restaurant, for a 2,860 sq. ft. Hunan
Garden Restaurant, located within the Shopping Center "SC" zoning
district classification, situated at 6805 Main Street, Suite 490, on the
northwest corner of Main Street and North Colony Boulevard (2000-
SUP007)
Planning and Zoning Commission October 24, 2000
Chairman Agnew opened the public hearing at 7:06 p.m.
Mr. Persaud stated a request for approval of a Specific Use Permit allowing for the sale
of beer, wine and liquor for on-premise consumption for Hunan Garden Restaurant
located on the northwest comer of Main Street and North Colony Boulevard has been
received.
Mr. Warren Cohen of C & C Consulting and Licensing, 948 Valley View Drive,
Lewisville, Texas 75067 and Mr. Jack Iwen Ltu owner of the Hunan Garden Restaurant
were present to answer questions.
Chairman Agnew closed the public hearing at 7:09 p.m.
Motion for approval of a Specific Use Permit allowing for the sale of beer,
wine and liquor for on-premise consumption in a restaurant, for a 2,860 sq.
ft. Hunan Garden Restaurant, located within the Shopping Center "SC"
zoning district classification, situated at 6805 Main Street, Suite 490, on the
northwest corner of Main Street and North Colony Boulevard. (2000-
SUP007), Commissioner Jamme; Second, Commissioner Snider.
Motion carried 5-0.
4.2 Hold a public hearing and consider a request for approval of a
Specific Use Permit allowing for a 4,140 sq. ft. expansion of an
existing animal clinic located within the Shopping Center "SC" zoning
district classification, situated at 4695 North Colony Boulevard, Suite
100, on the southwest corner of Main Street and North Colony
Boulevard (2000-SUP006)
Chairman Agnew opened the public hearing at 7:10 p.m.
Mr. Persaud stated a request for approval of a Specific Use Permit to expand an existing
animal clinic located on the southwest comer of Main Street and North Colony
Boulevard has been received.
Dr. Greg Darbro of North Colony Animal Clinic, 4695 North Colony Boulevard, Suite
100, The Colony, Texas, was present to answer questions.
Chairman Agnew closed the public hearing at 7:23 p.m.
A motion for approval of a Specific Use Permit allowing for a 4,140 sq.
ft. expansion of an existing animal clinic located within the Shopping
Center "SC" zoning district classification, situated at 4695 North Colony
Boulevard, Suite 100, on the southwest corner of Main Street and North
Colony Boulevard. (2000-SUP006), Commissioner Snider; Second
Commissioner Mikulec. Motion carried 5--0.
Planning and Zoning Commission October 24, 2000
4.3 Hold a public hearing and consider a request for approval of an
amendment to Planned Development "PD-10" zoning district
classification to allow foi' warehouse uses on a tract of 10.983 acres
being Lot 1, Block 1, Pizza Inn Corporate Addition, situated in the
T.A. West Survey, Abstract No. 1344, located south of SH 121 along
Piano Parkway in the City of The Colony, Denton County, Texas.
(2000-Z007)
Chairman Agnew opened the public hearing at 7:24 p.m.
Mr. Persaud presented the proposed amendment to Planned Development "PD-
10" zoning district classification to allow for warehouse uses on a tract located
south of SH 121 along Piano Parkway. A site plan for the proposed Pizza Inn
Offices and warehouse was discussed.
Commissioner DeVille was concerned about 18 wheelers turning left onto Piano
Parkway. Mr. Persaud and Mr. Saldafia will investigate the best way to handle
peak hour traffic conditions.
Mr. Marc Sullivan of Billingsley Development, 4800 West, 2200 Ross Avenue,
Dallas, Texas 75201 and Mr. John Spiars of Spiars Engineering, Inc., 1802
Marcella Lane, Rowlett, Texas 75089 were present to answer any questions.
Chairman Agnew closed the public heating at 7:47 p.m.
A motion for approval of an amendment to Planned Development "PD-10"
zoning district classification to allow for warehouse uses on a tract of 10.983
acres being Lot 1, Block 1, Pizza Inn Corporate Addition, situated in the T.A.
West Survey, Abstract No. 1344, located south of SH 121 along Piano
Parkway in the City of The Colony, Denton County, Texas. (2000-Z007),
with three staff stipulations, Commissioner Jamme; Second Commissioner
Hubbard. Motion carried 5-0.
4.4 Hold a public hearing and consider a request for approval of a replat
for Lot R2, Griffin Square Addition, being a 6.138 acre tract situated
in the B.B.B. and C.R.R. Survey, Abstract No. 173, located in the City
of The Colony, Denton County, Texas. (2000-RP004)
Chairman Agnew opened the public hearing at 7:50 p.m.
Planning and Zoning Commission October 24, 2000
Mr. Hampton stated a request for approval of a replat for Lot R2, Griffin Square
Addition located on the northeast comer of Main Street and South Colony
Boulevard has been received. The site is being replatted to accommodate the
proposed Super One Foods in the old Wal-Mart building.
Mr. Michael Duval of Tumer Engineers, Inc., 4849 Greenville Avenue, Suite
#1200, Dallas, Texas 75206 and Mr. Jamie Rohr of Heights Venture Architects
were present to answer questions.
Chairman Agnew closed the public hearing at 7:53 p.m.
A motion for approval of a replat for Lot R2, Griffin Square Addition, being
a 6.138 acre tract situated in the B.B.B. and C.R.R. Survey, Abstract No. 173,
located in the City of The Colony, Denton County, Texas. (2000-RP004),
Commissioner Jamme; Second Commissioner Snider. Motion carried 5-0.
5.0 ITEMS FOR CONSIDERATION
5.1 Consider a request for approval of a site plan for Super One Foods, located
on a 6.138 acre tract being Lot R2, Griffin Square Addition, situated in the
B.B.B. and C.R.R. Survey, Abstract No. 173, located in the City of The
Colony, Denton County, Texas. (2000-SP011)
Mr. Hampton stated a request for approval of a site plan for Super One Foods located on
the northeast comer of Main Street and South Colony Boulevard has been received. Mr.
Hampton reviewed the site plan and provided the staff recommendations.
After the staff report Commissioners discussed the height of external lights and
construction materials on the front facade.
Mr. Michael Duval of Turner Engineers, Inc., 4849 Greenville Avenue, Suite #I 200,
Dallas, Texas 75206 and Mr. Jamie Rohr of Heights Venture Architects, L.L.P., 4801
Arapaho Road, Suite 200, Addison, Texas 75001 were present to answer questions.
Motion for approval of a site plan for Super One Foods, located on a 6.138 acre
tract being Lot R2, Griffin Square Addition, situated in the B.B.B. and C.R.R.
Survey, Abstract No. 173, located in the City of The Colony, Denton County, Texas.
(2000-SP011) with two stipulations and common access, Commissioner Jamme;
Second, Commissioner Snider. Motion carried 5-0
5.2 Consider a request for approval of a preliminary and final plat for Lot 1,
Block 1, Pizza Inn Corporate Addition, being a 10.983 acre tract located in the
T.A. West Survey, Abstract No. 1344, located in the City of The Colony,
Denton County, Texas. (2000-PP003 & 2000-FP012)
4
Planning and Zoning Commission October 24, 2000
Mr. Persaud stated a request for approval of a preliminary and final plat for Lot, Block 1,
Pizza Inn Corporate Addition located south of SH 121 along Plano Parkway has been
received.
Mr. Marc Sullivan of Billingsley Development 4800 West, 220 Ross Avenue, Dallas,
Texas 75201 and Mr. John Spiars of Spiars Engineering, Inc., 1802 Marcella Lane,
Rowlett, Texas 75089 were available to answer questions.
Motion for approval of a preliminary and final plat for Lot 1, Block 1, Pizza Inn
Corporate Addition, being a 10.983 acre tract located in the T.A. West Survey,
Abstract No. 1344, located in the City of The Colony, Denton County, Texas. (2000-
PP003 & 2000-FP012) with staff stipulations, Commissioner Snider; Second
Commissioner Jamme. Motion carried 5-0.
6.0 OTHER BUSINESS
Commissioner Jamme requested staff inquire as to the plans for the portable building in
the parking lot of St. Sophia's Ukrainian Catholic Church. He feels it needs renovating.
Staff will research this issue before City Council's Special Use Permit approval. A
follow-up will be furnished to the Planning and Zoning Commission.
7.0 STAFF REPORTS
7.1 Director's Report
Mr. Persaud informed the Commission of future agenda items:
1. A presentation to the Commissioners and City Council regarding SH 121
construction will be scheduled in the near future.
2. Golden Corral replat and site plan.
3. Request for a Bingo Hall. Staff needs to research this proposal.
4. IHOP is delayed due to a dispute between the owners and the realtor.
Commissioner Mikulec asked about the status of Council's appointment of a seventh
Planning and Zoning Commissioner. To date Mr. Persaud has not been informed of a
new appointment.
Mr. Persuad informed the Commissioners that four Commissioners' terms will expire
December 2000. Staff will be in contact with the Commissioners to inquire as to their
willingness to be considered for another tenn.
With no further business, the meeting adjourned at 8:30 p.m.
Planning and Zoning CommissionCer 24, 2000
<~~::=OlS:i.Y~gne~, Chairman
~s~ar, Recording Secretary
6
Planning and Zoning Commission November 14, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON NOVEMBER 14, 2000
The Regular Session 6f the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 14th of November 2000, at City Hall with
the following members present:
Joe Agnew, Chairman
DeVille Hubbard, Vice Chairman
Bill Jamme
DeWayne Snider
Kirk Mikulec
Cathy Wood
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
Sandy Vondersaar, Recording Secretary
With six (6) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on October 24, 2000.
Motion to approve the minutes for the meeting held on October 24, 2000,
Commissioner Jamme; Second, Commissioner Snider. Motion carried 6-0.
3.0 CITIZEN INPUT
None
4.0 PUBLIC HEARING
4.1 Consider a request for approval of a replat of Lot R6A-1, Block 1, Wal-Mart
Addition, being a 2.33 acre tract located in the H. Hedgecoxe Survey,
Abstract NO. 533, located in the City of The Colony, Denton County, Texas.
(2000-m,005)
Chairman Agnew opened the public heating at 7:02 p.m.
Mr. Persaud stated a request for approval of a replat of Lot R6A-1, Block 1, Wal-Mart
Addition located on the north side of SH 121 and west of FM 423 has been received.
Planning and Zoning Commission November 14, 2000
Mr. Mike McDaniel of Loy Mci, LLC, 4 Remington Drive, Highland Village, Texas
75077 and Mr. Bill George of Dominion Group Real Estate, 2809 Regal Road, Suite 107,
Plano, Texas 75075, were present to answer questions.
Chairman Agnew closed the public hearing at 7:06 p.m.
Motion for approval of a replat of Lot R6A-1, Block 1, Wal-Mart Addition,
being a 2.33 acre tract located in the H. Hedgecoxe Survey, Abstract N0. 533,
located in the City of The Colony, Denton County, Texas. (2000-RP005) with
staff stipulations, Commissioner Wood; Second, Commissioner Jamme.
Motion carried 6-0.
5.0 ITEMS FOR CONSIDERATION
5.1 Consider a request for approval of a site plan for Golden Corral, located on a
2.33 acre tract being Lot R6A-1, Block 1, Wal-Mart Addition, situated in the
H. Hedgecoxe Survey, Abstract NO. 533, located in the City of The Colony,
Denton County, Texas. (2000-SP012)
Mr. Persaud stated a request for approval of a site plan for Golden Corral, located on a
2.33 acre tract being Lot R6A-1, Block 1, Wal-Mart Addition located on the north side of
SH 121 and west of FM 423 has been received.
Mr. Persaud furnished the commission with an updated site plan which was received after
Planning and Zoning packets were delivered.
Mr. Mike McDaniel of Loy Mci, LLC, 4 Remington Drive, Highland Village, Texas
75077 and Mr. Bill George of Dominion Group Real Estate, 2809 Regal Road, Suite 107,
Plano, Texas 75075, were present to answer questions.
After the staff report Commissioners discussed the site plan at length.
Motion for approval of a site plan for Golden Corral, located on a 2.33 acre tract
being Lot R6A-1, Block 1, Wal-Mart Addition, situated in the H. Hedgecoxe Survey,
Abstract NO. 533, located in the City of The Colony, Denton County, Texas. (2000-
SP012) with staff stipulations including staff review of parking spaces before
recommendations to Council; Commissioner Wood; Second, Commissioner Snider.
Motion carried 6-0.
5.2 Consider a request for approval of a preliminary plat for the Cedars at
Stewart Peninsula, being a 10.115 acre tract located in the Patrick O'Leary
Survey, Abstract NO. 978 and the R.G. Dunlap Survey, Abstract NO. 352, in
the City of The Colony, Denton County, Texas (2000-PP004)
2
Planning and Zoning Commission November 14, 2000
Mr. Hampton stated a request for approval of a preliminary plat for the Cedars at Stewart
Peninsula located north of Stewart Boulevard and west of Ethridge Road has been
received.
Mr. Russell Fielder of Carter and Burgess, Inc., 7950 Elmwood Drive, Suite 250,
Dallas, Texas and Mr. Rusty Nichols representing Continental Homes, 621 W. College,
Grapevine, TX 75051 were present to answer any questions.
The Commissioners agreed with staff's safety concerns regarding location of the alley on
the north east comer of the tract. The developer and staff will review that item prior to
final plat approval.
Motion for approval of a preliminary plat for the Cedars at Stewart
Peninsula, being a 10.115 acre tract located in the Patrick O'Leary Survey,
Abstract NO. 978 and the R.G. Dunlap Survey, Abstract NO. 352, in the City of The
Colony, Denton County, Texas (2000-PP004) with staff stipulations, Commissioner
Jamme; Second Commissioner Mikulec. Motion carried 6-0.
6.0 OTHER BUSINESS
None
7.0 STAFF REPORTS
7.1 Director's Report
Mr. Persaud informed the Commissioners that staff has contacted St. Sophia Urkrainian
Catholic Church regarding the storage building. They agree it needs renovation and
landscaping and will be working on that project in the near furore.
Mr. Persaud informed the Commission of future agenda items:
1. The second phase of Parks of Austin Ranch will be on the next meeting's
agenda.
2. IHOP preliminary and final plat are in. Hopefully the site plan will be
available for the next meeting's agenda.
3. Cedars of Stewart Peninsula will be on the agenda in the near future.
Commissioner Agnew stated he may be out of town for the November 28, 2000 meeting.
Mr. Persuad informed the Commissioners that the seventh Commissioner's position has
been filled. Mr. Bill Harrison has accepted the appointment and will be present at the
November 28th Planning and Zoning meeting.
3
Planning and Zoning Commission November 14, 2000
With no further business, the meeting adjourned at 8:00 p.m.
Jo~ Agnew, Chai~nan~
/Sandy Vonde~aar, Recording Secretary
4
Planning and Zoning Commission November 28, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON NOVEMBER 28, 2000
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 28t~ of November 2000, at City Hall with
the following members present:
Joe Agnew, Chairman
DeVille Hubbard, Vice Chairman
Bill Jamme
DeWayne Snider
Kirk Mikulec
Cathy Wood
Bill Harrison
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
§andy Vondersaar, Recording Secretary
With seven (7) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on November 14, 2000.
Motion to approve the corrected minutes for the meeting held on November 14 ,
2000, Commissioner Jamme; Second, Commissioner Wood. Motion carried 7-0.
3.0 CITIZEN INPUT
None
4.0 PUBLIC HEARING
4.1 Consider a request for approval of a zoning 'change from General Retail
"GR" zoning district classification to Duplex "D" zoning district
classification for a 0.55 acre tract of land, being Lots 8 and 9, Block 113, The
Colony #31, located in the S.E. Hayes Survey, Abstract NO. 648, located in
the City of The Colony, Denton County, Texas. (2000-Z008)
Chairman Agnew opened the public heating at 7:02 p.m.
Planning and Zoning Commission November 28, 2000
Mr. Hampton stated a request for approval of a zoning change from General Retail "GR"
zoning district classification to Duplex "D" zoning district classification located east of __
FM 423 on Chowning Circle has been received.
He explained this zoning change will amend the comprehensive plan for this site.
Twenty-six notifications were mailed out to property owners within 200 feet of the site.
Three responses were received. One in favor and 2 opposed. Staff recommends
approval of a change in zoning from General Retail "GR" zoning district classification to
Duplex "D" zoning district classification.
Mr. Mike Hamilton of411 Highland Way, Coppell, Texas, the previous owner of the lots
was present. He stated in his opinion these lots are best suited for residential. There
should be no parking problems involved with this zoning change.
The Commissioners suggested staff contact the owner of Lot 11 to include this lot in the
zoning change from "GR" to "D".
Chairman Agnew closed the public heating at 7:18 p.m.
Motion for approval of a zoning change from General Retail "GR" zoning
district classification to Duplex "D" zoning district classification for a 0.55
acre tract of land, being Lots 8 and 9, Block 113, The Colony//31, located in
the S.E. Hayes Survey, Abstract NO. 648, located in the City of The Colony,
Denton County, Texas. (2000-Z008), Commissioner Wood; Second,
Commissioner Snider. Motion carried 7-0.
5.0 ITEMS FOR CONSIDERATION
5.1 Consider a request for approval of a preliminary and final plat for Lots 2-5,
Block A, Parks of Austin Ranch Addition, being a 20.60 acre tract located in
the B. Martin Survey, Abstract NO. 827, located in the City of The Colony,
Denton County, Texas. (2000-PP005 & 2000-FP014)
Mr. Persaud stated a request for approval of a preliminary and final plat for Lots 2-5,
Block A, Parks of Austin Ranch Addition located east of Saintsbury Drive and north of
Windhaven Parkway has been received.
Mr. Lucilo Pefia of Crow-Billingsley McKamy Road, Ltd. and Crow-Billingsley
Berkeley, Ltd., 4800 West, 2200 Ross Avenue, Dallas, Texas 75201 and Mr. John Spiars
of Spiars Engineering, Inc., 1802 Marcella Lane, Rowlett, Texas 75089 were present to
answer questions.
Mr. Pefia assured the Commissioners that a 10 foot strip located in the City of Hebron has
been reserved by the developers, for the expansion of McKamy Trail.
Planning and Zoning Commission November 28, 2000
Motion for approval of a preliminary and final plat for Lots 2-5, Block A, Parks of
Austin Ranch Addition, being a 20.60 acre tract located in the B. Martin Survey,
Abstract NO. 827, located in the City of The Colony, Denton County, Texas. (2000-
PP005 & 2000-FP014), Commissioner Jamme; Second, Commissioner Mikulec.
Motion carried 7-0.
6.0 OTHER BUSINESS
Chairman Agnew welcomed Commissioner Bill Harrison to the Planning and Zoning
Commission. Mr. Harrison has been appointed to fill the Planning and Zoning
Commissions' vacant seat.
7.0 STAFF REPORTS
7.1 Director's Report
Mr. Persaud also welcomed Commissioner Harrison aboard. He then reminded the
Commissioners of the Volunteer Appreciation Dinner being held at the Tribute on
Thursday, November 30th at 6:30 p.m.
Mr. Persaud informed the Commission of future 'agenda items:
1. IHOP Site Plan should be available for the next meeting.
2. Parks of Austin Ranch Site Plan should also be available for the next
meeting.
Due to the Christmas holidays only one meeting is planned for December. That meeting
is scheduled for December 12th.
With no further business, the meeting adjourned at 7:40 p.m.
Sandy V~dersaar, Recording Secretary
Planning and Zoning Commission December 12, 2000
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON DECEMBER 12, 2000
The Regular Session of the Planning and Zoning Commission of' the City of.The Colony,
Texas was called to order at 7:00 p.m. on the 17-t~ of Decemloer 2000, at City Hall with
the following members present:
Joe Agnew, Chairman
DeVille Hubbard, Vice Chairman
Bill Jamme
Kirk Mikulec
Cathy Wood
Bill Harrison
Absent: DeWayne Snider
Staff: Harry Persaud, Director of Planning
Abel Saldafia, City Engineer
Sandy Vondersaar, Recording Secretary
With six (6) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on November 28, 2000.
Motion to approve the minutes for the meeting held on November 28, 2000,
Commissioner Jamme; Second, Commissioner Hubbard. Motion carried 6-0.
3.0 CITIZEN INPUT
None
4.0 PUBLIC HEARING
4.1 Consider a request for approval of a replat of Lot 1R, Block 1, Garza Little
Elm Lake Estates, being a 1.357 acre tract located in the G. Emberlin
Survey, Abstract NO. 394, located in the City of The Colony, Denton County,
Texas. (2000-RP006)
Chairman Agnew opened the public hearing at 7:02 p.m.
Planning and Zoning Commission December 12, 2000
Mr. Persaud stated a request for approval of a replat of Lot IR, Blockl, Garza Little Elm
Lake Estates located east of Main Street, north of Witt Road, and west of Elm Street has
been received. --
Mr. Allen Saunders of Southwestern Bell Telephone Company, One Bell Plaza, Dallas,
Texas 75202 was present to answer questions.
Staff recommends approval with stated stipulation.
Motion for approval of a replat of Lot IR, Block 1, Garza Little Elm Lake Estates,
being a 1.357 acre tract located in the G. Emberlin Survey, Abstract NO. 394,
located in the City of The Colony, Denton County, Texas. (2000-RP006) with the
staff stipulation. Commissioner Jamme; Second, Commissioner Wood. Motion
carried 6-0.
Chairman Agnew closed the public hearing at 7:05 p.m.
5.0 ITEMS FOR CONSIDERATION
5.1 Consider a request for approval of a site plan for the expansion of the
Southwestern Bell telecommunications facility, located on a 1.357 acre
tract being Lot IR, Block 1, Garza-Little Elm Lake Estates Addition,
in the City of The Colony, Denton County, Texas. (2000-SP015)
Mr. Persaud stated a request for approval of a site plan for the expansion of the
Southwestern Bell telecommunications facility located east of Main Street, north of Witt
Road, and west of Elm Street has been received.
Mr. Allen Saunders of Southwestern Bell Telephone Company, One Bell Plaza, Dallas,
Texas 75202 was present to answer questions.
The Commissioners voiced concerns regarding fire suppression within the building and
external lighting. Mr. Saunders assured them both concerns can be worked out between
the City and Southwestern Bell.
Staff recommended approval pending two variances going before the Board of
Adjustments and that engineering plans be approved in accordance with City
specifications.
Motion for approval of a site plan for the expansion of the Southwestern Bell
telecommunications facility, located on a 1.357 acre tract being Lot IR, Block
1, Garza-Little Elm Lake Estates Addition, in the City of The Colony,
Denton County, Texas. (2000-SP015) with staff stipulations including
driveway width of 24 feet instead of 23 feet, Commissioner Hubbard;
Second, Commissioner Mikulec. Motion carried 6-0.
Planning and Zoning Commission December 12, 2000
5.2 Consider a request for approval of a preliminary and final plat for
Lot 1, Block 1, IHOP The Colony Addition, being a 1.148 acre tract
situated in the T. Wilson Survey, Abstract NO. 1352, located in the
City of Tl~e Colony, Denton County, Texas. (2000-PP006 & 2000-
FP015)
Mr. Persaud stated a request for approval of a preliminary and final plat for Lot 1,
Block 1, IHOP The Colony Addition located on the north side of SH 121 west of
Blair Oaks Drive has been received.
Mr. Hugo Monsanto of Monsanto & Associates, 1302 Highway 77 N, //203,
Waxahachie, Texas 75165 was present to answer questions.
Staff recommends approval with stated stipulations.
Motion to consider a request for approval of a preliminary and final plat for
Lot 1, Block 1, IHOP The Colony Addition, being a 1.148 acre tract situated
in the T. Wilson Survey, Abstract NO. 1352, located in the City of The
Colony, Denton County, Texas. (2000-PP006 & 2000-FP015) with staff
stipulations including utility easement of 15 feet instead of 10 feet;
Commissioner Jamme; Second, Commissioner Wood. Motion carried 6-0.
5.3 Consider a request for approval of a site plan for IHOP, located on a
1.148 acre tract being Lot 1, Block 1, IHOP The Colony Addition,
situated in the T. Wilson Survey, Abstract NO. 1352, located in the
City of The Colony, Denton County, Texas. (2000-SP013)
Mr. Persaud stated a request for approval of a site plan for IHOP located on the
north side of SH 121 west of Blair Oaks Drive has been received.
Mr. Hugo Monsanto of Monsanto & Associates, 1302 Highway 77 N, #203,
Waxahachie, Texas 75165 was present to answer questions.
Staff recommends approval with stated stipulations.
Motion for approval of a site plan for IHOP, located on a 1.148 acre tract
being Lot 1, Block 1, IHOP The Colony Addition, situated in the T. Wilson
Survey, Abstract NO. 1352, located in the City of The Colony, Denton
County, Texas. (2000-SP013) with staff stipulations, Commissioner
Hubbard; Second, Commissioner Jamme. Motion carried 6-0.
3
Planning and Zoning Commission December 12, 2000
5.4 Consider a request for approval of a site plan for the Parks of Austin
Ranch Phase II, located on a 20.60 acre tract being Lots 2-5, Block A,
Parks of Austin Ranch Addition, located in the B. Martin Survey,
Abstract NO. 827, located in the City of The Colony, Denton County,
Texas. (2000-SP014)
Mr. Persaud stated a request for approval of a site plan for the Parks of Austin
Ranch Phase II located east of Saintsbury Drive and north of Windhaven Parkway
has been received.
Mr. Lucilo Pefia of Crow-Billingsley McKamy Road, Ltd and Crow-Billingsley
Berkeley, Ltd, 4800 West, 2200 Ross Avenue, Dallas, Texas 75201 was present
to answer questions.
Mr. Pefia gave a summary of the multi-family development proposed for the
subject tract.
Staff recommends approval with three stated stipulations. Stipulation number
three regarding the deceleration lane for the north leg of Arbor Hills Way will be
withdrawn until the north side of the project is under development.
Motion for approval of a site plan for the Parks of Austin Ranch Phase II,
located on a 20.60 acre tract being Lots 2-5, Block A, Parks of Austin Ranch
Addition, located in the B. Martin Survey, Abstract NO. 827, located in the
City of The Colony, Denton County, Texas. (2000-SP014) with three staff
stipulations, Commissioner Wood; Second, Commissioner Jamme. Motion
carried 6-0.
5.5 Consider a request for approval of a final plat for Lot 1, Block 1,
Wallco Addition, being a 0.386 acre tract situated in the B.B.B. &
C.R.R. Survey, Abstract N0. 173, located in the City of The Colony,
Denton County, City of The Colony, Denton County, Texas. (2000-
FP010)
Mr. Persaud stated a request for approval of a final plat for Lot 1, Block 1, Wallco
Addition located south of South Colony Boulevard and west of FM 423 has been
received.
Mr. Craig Graef of Graefton Homes, Inc., 3200 W. Oak Shores Drive, Aubrey,
Texas 76227 was present to answer questions.
Staff recommends approval with the stipulation that engineering plans are to be
approved in accordance with City specifications.
4
Planning and Zoning Commission December 12, 2000
Motion for approval of a final plat for Lot 1, Block 1, Wallco Addition, being
a 0.386 acre tract situated in the B.B.B. & C.R.R. Survey, Abstract NO. 173,
located in the City of The Colony, Denton County, Texas. (2000-FP010) with
staff stipulation, Commissioner Jamme; Second, Commissioner Mikulec.
Motion carried 6-0.
5.6 Consider a request for approval of a site plan for Wallco Drywall,
located on a 0.386 acre tract being Lot 1, Block 1, Wallco Addition, in
the City of The Colony, Denton County, Texas. (2000-SP008)
Mr. Persaud stated a request for approval of a site plan for Wallco Drywall
located south of South Colony Boulevard and west of FM 423 has been received.
Mr. Craig Graef of Graefton Homes, Inc., 3200 W. Oak Shores Drive, Aubrey,
Texas 76227 was present to answer questions.
Staff recommends approval with stated stipulations.
Motion for approval of a site plan for Wallco Drywall, located on a 0.386
acre tract being Lot 1, Block 1, Wallco Addition, in the City of The Colony,
Denton County, Texas. (2000-SP008) with stipulations, Commissioner
Mikulec; Second, Commissioner Jamme. Motion carried 6-0.
5.7 Consider a request for approval of a final plat for the Cedars at
Stewart Peninsula, being a 10.115 acre tract located in the Patrick
O'Leary Survey, Abstract NO. 978 and the R.G. Dunlap Survey,
Abstract NO. 352, in the City of The Colony, Denton County, Texas
(2000-FP013)
Mr. Persaud stated a request for approval of a final plat for the Cedars of Stewart
peninsula located north of Stewart Boulevard and west of Ethridge Road has been
received.
Staff recommends approval with stated stipulations.
Motion for approval of a final plat for the Cedars at Stewart Peninsula, being a
10.115 acre tract located in the Patrick O'Leary Survey, Abstract NO. 978 and the
R.G. Dunlap Survey, Abstract NO. 352, in the City of The Colony, Denton County,
Texas (2000-FP013) with stipulations, Commissioner Hubbard; Second
Commissioner Jamme. Motion carried 6-0.
6.0 OTHER BUSINESS
Planning and Zoning Commission December 12, 2000
Chairman Agnew requested staff pass along his compliments to those responsible for the
planning of the Volunteer Appreciation Dinner held at the Tribute November 30th.
7.0 STAFF REPORTS
Mr. Persaud thanked the Commissioners for their past year's service to the community
and is looking forward to working with them in the year 2001.
7.1 Director's Report
Mr. Persaud informed the Commission of future agenda items.
1. Development plans for the tract of land on the east side of Home Depot are
expected in the near future.
He then extended ~'Happy Holiday" wishes to all.
With no further business, the meeting adjourned at 8:05 p.m.
/~andy V~lersaar, Recording Secretary
6
Planning and Zoning Commission February 13, 2001
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON FEBRUARY 13, 2001
The Regular Session of the Planning and Zonin,gthCommission of the City of The Colony,
Texas was called to order at 7:08 p.m. on the 13 of February 2001, at City Hall with the
following members present:
Joe Agnew, Chairman
DeVille Hubbard, Vice Chairman
Bill Jamme
Kirk Mikulec
Cathy Wood
Bill Harrison
DeWayne Snider
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
Sandy Vondersaar, Recording Secretary
With seven (7) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on December 12, 2000.
Motion to approve the minutes for the meeting held on December 12, 2000,
Commissioner Jamme; Second, Commissioner Wood. Motion carried 7-0.
3.0 CITIZEN INPUT
None
4.0 OTHER BUSINESS
4.1 Nomination and election of Chairperson and Vice Chairperson.
Commissioner Mikulec nominated Joe Agnew for Chairperson; Second, Commissioner
Hubbard. Commissioner Agnew was elected Chairman by acclamation.
Commissioner Jamme nominated Commissioner Hubbard for Vice Chairperson; Second,
Commissioner Wood. Commissioner Hubbard was elected Vice Chairperson by
acclamation.
Planning and Zoning Commission February 13, 2001
5.0 PUBLIC HEARING
5.1 Consider approval of a request for a change in zoning from General
Retail "GR", Neighborhood Services "NS" and Planned Development "PD-
2" for residential uses, to Light Commercial "LC" zoning district
classification for a tract of 2.044 acres, being part of Lot 8, Lots 10-14 and an
unnamed lot in Block 5, Garza-Little Elm Lake Estates Addition, located in
the City of The Colony, Denton County, Texas. (2001-Z001)
Chairman Agnew opened the public hearing at 7:10 p.m.
Mr. Persaud stated a request for a change in zoning from General Retail "GR",
Neighborhood Services "NS" and Planned Development "PD-2" for residential uses, to
Light Commercial "LC" zoning district classification for a tract of 2.044 acres, being part
of Lot 8, Lots 10-14 and an unnamed lot in Block 5, Garza-Little Elm Lake Estates
Addition, located on the northwest comer of FM 423 and Lake Park Drive has been
received.
Mr. Burt Stavinoha ofB & K Fencing, 1302 Squires Lane, Aubrey, Texas and Mr. Jeff
Taylor of Arthur & Wallendorf, 376 West Main, Suite E, Lewisville, Texas were present
to answer questions.
Mr. Mike Redden of 7602 Mimosa Court, The Colony, Texas was present to oppose the
zoning change. Mr. Redden stated he has lived on Mimosa Court for 30 years and would
like to see the surrounding area remain residential.
Mr. Stavinoha and Mr. Taylor assured Mr. Redden that a natural buffer of large trees, a
pond and an 8' cedar fence will separate the residential area from the commercial
development.
Mr. Persaud stated staff, as a courtesy, would furnish property owners with a copy of the
site plan and informed them when the site plan is placed on the Planning and Zoning
agenda.
Chairman Agnew closed the public hearing at 7:46 p.m.
Staff recommends approval of the zoning change.
Motion for approval of a change in zoning from General Retail "GR",
Neighborhood Services "NS" and Planned Development "PD-2" for residential uses,
to Light Commercial "LC" zoning district classification for a tract of 2.044 acres,
being part of Lot 8, Lots 10-14 and an unnamed lot in Block 5, Garza-Little Elm
Lake Estates Addition, located in the City of The Colony, Denton County, Texas.
(2001-Z001). Commission Wood; Second Commission Snider. Motion carried 7-0.
2
Planning and Zoning Commission February 13, 2001
6.0 ITEMS FOR CONSIDERATION
6.1 Consider a request for approval of a preliminary and final plat for
Lot 1, Block 1, Mesquite Creek Addition, being a 1.97 acre tract
situated in the Thomas C. Wilson Survey, Abstract NO. 1352, located
in the City of The Colony, Denton County, Texas. (2001-PP001, 2001-
FPO01)
Mr. Hampton stated a request for approval of a preliminary and final plat for Lot 1, Block
1, Mesquite Creek Addition located on the southeast comer of FM 423 and Daily Drive
has been received.
Staff recommends approval of the preliminary and final plat for Racetrac South Colony
Addition subject to the stipulation engineering plans are to be approved in accordance
with city specifications.
Motion for approval of a preliminary and final plat for Lot 1, Block 1,
Mesquite Creek Addition, being a 1.97 acre tract situated in the Thomas C.
Wilson Survey, Abstract NO. 1352, located in the City of The Colony, Denton
County, Texas. (2001-PP001, 2001-FP001) Commissioner Jamme; Second,
Commissioner Mikulec. Motion carried 7-0.
6.2 Receive a report and forward a recommendation to City Council
regarding a proposal to purchase City property for development. The
subject tracts are Lots 4 and 5, Block 4, Garza-Little Elm Lake
Estates Addition, located north of Overlake Drive and east of FM 423
along Pine Court, in the City of The Colony, Denton County, Texas.
(2001-MO01)
Commissioner Snider excused himself from the meeting due to conflict of interest.
Mr. Persaud reviewed a proposal to purchase City property for a proposed development
of Lots 1-7, Block 5, Garza Little Elm Lake Estates Addition, located on the northeast
comer of Overlake Drive and FM 423. The staff has determined there are numerous
issues that must be resolved.
Mr. Bobby Almasi of 4151 Beltline Road # 124-147, Dallas, Texas 75244 was present to
answer questions.
After discussing major issues regarding this project Mr. Persuad requested a
recommendation from the Planning and Zoning Commission be forwarded to City
Council.
Motion for recommendation to City Council regarding a proposal to
purchase City property for development. The subject tracts are Lots 4 and
5, Block 4, Garza-Little Elm Lake Estates Addition, located north of
Planning and Zoning Commission February 13, 2001
Overlake Drive and east of FM 423 along Pine Court, in the City of The
Colony, Denton County, Texas. (2001-M001) Commissioner Wood; Second,
Commissioner DeVille. Motion carried 6-0.
7.0 STAFF REPORTS
7.1 Director's Report
Mr. Hampton presented a summary of all the projects that were received and reviewed by
the Development Review Committee during the year 2000. A total of seventy-four (74)
cases were reviewed, and 85% were approved by the Planning and Zoning Commission
and/or City Council.
Chairman Agnew requested a summary of the year 1999 for comparison. Mr. Persaud
stated staff would make that information available at the next Planning and Zoning
meeting.
Mr. Persaud reviewed the status on the following developments:
1. IHOP - Problems with property issues have delayed development.
2. Home Depot - Should be open by early May.
3. Pizza Inn - Progressing.
4. Golden Corral - Has broken ground.
Mr. Persaud informed the Commission of future agenda items:
1. Racetrac site plan.
2. Office/warehouse development at Main Street and Lake Park Drive.
3. Telecommunications for Sprint.
With no further business, the meeting adjourned at 8:35 p.m.
rsaar, Recording Secretary
4
Planning and Zoning Commission February 27, 2001
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON FEBRUARY 27, 2001
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 27th of February 2001, at City Hall with the
following members present:
Joe Agnew, Chairman
DeVille Hubbard, Vice Chairman
Bill Jamme
Kirk Mikulec
Bill Harrison
DeWayne Snider
Leave of absence:
Cathy Wood
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
Joe Clark, Chief of Police
Van Morrison, Fire Chief
Pat Dunlap, Inspections Director
Ken Leverich, Interim Public Services Director
Pam Nelson, Parks & Recreation Director
Elise Knox, Aquatic Park Manager
Sam Fitzgerald, Asst. Parks & Recreation Director
Tony Johnston, Finance Director
Sandy Vondersaar, Recording Secretary
With four (4) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on February 13, 2001.
Motion to approve the minutes for the meeting held on February 13, 2001,
Commissioner Jamme; Second, Commissioner Snider. Motion carried 4-0.
3.0 CITIZEN INPUT
None
Planning and Zoning Commission February 27, 2001
4.0 PUBLIC HEARING
4.1 Hold a public hearing and consider approval of a Specific Use Permit
allowing for a 1,566 square foot animal clinic located within the General Retail
"GR" zoning district classification, situated at 4750 South Colony Blvd., Suite 106,
on the southeast corner of Main Street and South Colony Blvd. (2001-SUP001)
Chairman Agnew opened the public hearing at 7:05 p.m.
Mr. Hampton stated a request for approval of a Specific Use Permit allowing for a 1,566
square foot animal clinic to be located on the Southeast comer of Main Street and South
Colony Boulevard has been received.
Dr. Durham, the veterinarian for the proposed animal clinic, was present to answer
questions.
Commissioner Harrison arrived at the meeting at 7:09 p.m.
Staff recommends approval of the Specific Use Permit subject to stipulations.
Chairman Agnew closed the public hearing at 7:10 p.m.
Motion for approval of a Specific Use Permit allowing for a 1,566 square foot
animal clinic located within the General Retail "GR" zoning district classification,
situated at 4750 South Colony Blvd., Suite 106, on the southeast corner of Main
Street and South Colony Blvd. (2001-SUP001) with two staff stipulations.
Commissioner Jamme; Second Commissioner Hubbard. Motion carried 5-0.
5.0 ITEMS FOR CONSIDERATION
5.1 Receive a report and consider making a recommendation to the City
Council regarding the City of The Colony Comprehensive
Improvements Plan for 2001-2006.
Commissioner Mikulec arrived at the meeting at 7:15 p.m.
Mr. Persaud introduced the following staff to summarize their Comprehensive
Improvements Plan requests:
Police Department Joe Clark
Fire Department Van Morrison
Vehicle Maintenance Pat Dunlap
Library Harry Persaud, Tony Johnston for Joan
Sveinsson
Planning and Zoning Commission February 27, 2001
Public Works Ken Leverich, Abel Saldafia, Harry Persaud,
Tony Johnston
Parks & Rec Pam Nelson, Elise Knox, Sam Fitzgerald
Planning Department Harry Persaud, Tony Johnston
Chairman Agnew requested that Department Heads give a "Readers Digest" version of
their CIP.
Motion to recommend to the City Council the Colony Comprehensive
Improvements Plan for 2001-2006 as presented. Commissioner Snider;
Second Commissioner Mikulec. Motion carried 6-0.
6.0 OTHER BUSINESS
None
7.0 STAFF REPORTS
7.1 Director's Report
Mr. Persaud stated, at Chairman Agnew's request, a comparison of "Development
Requests for 1999 and 2000" can be found on page 7.
A letter for rezoning a lot on Chowning Circle has been sent to the landowner.
Mr. Persaud informed the Commission of future agenda items:
1. Replat of Lots located on Lake Park Drive.
2. Site Plan for Racetrac
3. Meetings in the near future with Hal Jones, Tony Johnston, Abel Saldafia and
Harry Persaud on the Capital Improvements Plan for Impact Fees. Council
appointed another person to serve on the Capital Improvements Advisory
Committee.
Mr. Persaud also furnished the Commissioners with a copy of Zoning News regarding
"Religious Land Use and Institutionalized Persons Act" for their review.
With no further business, the meeting adjoumed at 8:30 p.m.
./Sandy V~gtersfiar, Recording Secretary
Planning and Zoning Commission March 13, 2001
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON MARCH 13, 2001
The Regular Session Of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:03 p.m. on the 13t~ of March 2001, at City Hall with the
following members present:
Joe Agnew, Chairman
Bill Jamme
Kirk Mikulec
Bill Harrison
DeWayne Snider
Absent:
DeVille Hubbard, Vice Chairman
Leave of absence:
Cathy Wood
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
Sandy Vondersaar, Recording Secretary
With 5 (five) members present, a quormn was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning C°mmission Minutes for
the meeting held on February 27, 2001.
Motion to approve the minutes for the meeting held on February 27, 2001,
Commissioner Harrison; Second, Commissioner Jamme. Motion carried 5-0.
3.0 CITIZEN INPUT
None
4.0 PUBLIC HEARING
4.1 Hold a public hearing and consider approval ora replat of Lot llR, Block 5,
Garza-Little Elm Lake Estates Addition, being a tract of 2.044 acres located in
the City of The Colony, Denton County, Texas. (2001-RP001)
Planning and Zoning Commission March 13,2001
Chairman Agnew opened the public hearing at 7:05 p.m.
Mr. Persaud stated a request for a replat of Lot 11 R, Block 5, Garza-Little Elm Lake
Estates Addition located on the northwest comer of FM 423 and Lal<~ Park Drive has
been received.
Mr. Craig A. Wallendorf of Arthur & Wallendorf Consultants, Inc., 376 West Main
Street, Suite 3, Lewisville, Texas 75057 and Mr. Burt Stavinoha of B & K Fencing Unltd.
owner of the property, were present to answer questions.
Staff recommends approval of the replat with the following stipulations:
1. Engineering plans are to be approved in accordance with City specifications.
2. Remove "Preliminary" from the title block.
3. Include approval signature blocks for both the U.S. Army Corps. Of Engineers
and Texas Department of Transportation as they have easements affecting this
site.
Chairman Agnew closed the public hearing at 7:16 p.m.
Motion for approval of a replat of Lot 1 IR, Block 5, Garza-Little Elm Lake Estates
Addition, being a tract of 2.044 acres located in the City of The Colony, Denton
County, Texas. (2001-RP001) with staff stipulations, Commissioner Jamme;
Second Commissioner Mikulec. Motion carried 5-0.
5.0 OTHER BUSINESS
None
6.0 STAFF REPORTS
6.1 Director's Report
Mr. Persaud informed the Commission of future agenda items:
1. Racetrac site plan.
2. Merlin Muffler PD Amendment
3. New Italian restaurant in the old Cove Restaurant location.
4. Future State Highway 121 developments.
Planning and Zoning Commission March 13,2001
With no further business, the meeting adjourned at 7:20 p.m.
~____~.o~Agne w~ C hai~rn~n
/ Sandy Vq~ers~ar, Recording Secretary
3
Planning and Zoning Commission March 27, 2001
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON MARCH 27, 2001
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the 27th of March 2001, at City Hall with the
following members present:
Joe Agnew, Chairman
DeVille Hubbard, Vice Chairman
DeWayne Snider
Kirk Mikulec
Bill Jamme
Bill Harrison
Leave of absence:
Cathy Wood
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
Sandy Vondersaar, Recording Secretary
With four (4) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on March 13, 2001.
Motion to approve the minutes for the meeting held on March 13, 2001,
Commissioner Jamme; Second, Commissioner Harrison. Motion carried 4-0.
3.0 CITIZEN INPUT
None
Commissioner Mikulec and Commissioner Snider arrived at 7:01 p.m.
4.0 PUBLIC HEARING
4.1 Hold a public hearing and consider approval of a Specific Use Permit to
allow for the sale of beer, wine and liquor for on-premise consumption in a
restaurant, for a 4,034 square foot Venice Italian and Pizza Restaurant,
located within the Shopping Center "SC" zoning district classification,
Planning and Zoning Commission March 27,2001
situated at 4649 South Colony Blvd., Suite 300, on the northwest corner of
Main Street and South Colony Blvd. (2001-SUP003) __
Chairman Agnew opened the public heating at 7:01 p.m.
Mr. Hampton stated a request for approval of a Specific Use Permit to allow for the sale
of beer, wine and liquor for on-premise consumption in a restaurant located on the
northwest comer of FM423 and South Colony Boulevard has been received.
Ms. Mary C. Mays of 4649 South Colony Boulevard, Suite 100, The Colony, Texas
75056, owner of the property, was present to answer any questions.
Chairman Agnew closed the public hearing at 7:05 p.m.
Motion for approval of a Specific Use Permit to allow for the sale of beer, wine and
liquor for on-premise consumption in a restaurant, for a 4,034 square foot Venice
Italian and Pizza Restaurant, located within the Shopping Center "SC" zoning
district classification, situated at 4649 South Colony Blvd., Suite 300, on the
northwest corner of Main Street and South Colony Blvd. (2001-SUP003)
Commissioner Jamme; Second Commissioner Snider. Motion passed 6-0.
5.0 OTHER BUSINESS
None
6.0 STAFF REPORTS
6.1 Director's Report
Mr. Persaud informed the Commission of future agenda items:
1. Site plan for Walgreens at the northwest comer of Paige and Highway 121.
2. Office distribution/warehouse type of facility being discussed.
With no further business, the~oumed at 7:08 p.m.
~ /~~ ~ ~/9~Ag~e~,
Chairman
Sandy V~Idersaar, Recording Secretary
2
Planning and Zoning Commission April 10, 2001
MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING HELD ON APRIL 10, 2001
The Regular Session of the Planning and Zoning Commission of the City of The Colony,
Texas was called to order at 7:00 p.m. on the l0th of April 2001, at City Hall with the
following members present:
Joe Agnew, Chairman
DeVille Hubbard, Vice Chairman
DeWayne Snider
Kirk Mikulec
Bill Jamme
Bill Harrison
Cathy Wood - resigned
Staff: Harry Persaud, Director of Planning
Michael Hampton, Planner
Abel Saldafia, City Engineer
Sandy Vondersaar, Recording Secretary
With six (6) members present, a quorum was established and the following items were
addressed:
2.0 DISPOSITION OF MINUTES
2.1 Approval and/or correction of Planning and Zoning Commission Minutes for
the meeting held on March 27, 2001.
Motion to approve the minutes for the meeting held on March 27, 2001,
Commissioner Jamme; Second, Commissioner Harrison. Motion carried 6-0.
3.0 CITIZEN INPUT
None
4.0 ITEMS OF CONSIDERATION
4.1 Consider approval of a site plan for a 11,418 sq. ft. Office/Warehouse
development, located on a 2.044 acre tract being Lot llR, Block 5, Garza-
Little Elm Lake Estates Addition, and situated on the northwest corner of
Main Street and Lake Park Drive in the City of The Colony, Denton
County, Texas. (2001-SP002)
Planning and Zoning Commission April 10, 2001
Mr. Hampton stated a request for approval of a site plan for an Office/Warehouse
development located on the northwest comer of Main Street and Lake Park Drive has
been received.
Mr. Craig Wallendorf of Arthur & Wallendorf, 376 West Main, Suite E, Lewisville,
Texas 75057 was present to answer questions.
Staff recommends approval with the following stipulations:
1. Engineering plans are to be approved in accordance with City specifications.
2. Site improvements within the TXDOT Right-Of-Way easement require
TXDOT approval.
3. Additional information to be added to the landscape plan before submittal to
the City Council.
4. Provide a 15' Utility easement along west fire lane to Oak Drive.
5. Provide a 10' Utility easement along northern property line and abutting Oak
Drive.
Motion for approval of a site plan for a 11,418 sq. ft. Office/Warehouse __
development, located on a 2.044 acre tract being Lot llR, Block 5, Garza-Little Elm
Lake Estates Addition, and situated on the northwest corner of Main Street and
Lake Park Drive in the City of The Colony, Denton County, Texas. (2001-SP002)
with five staff stipulations Commissioner Jamme; Second Commissioner Snider.
Motion carried 6-0.
5.0 OTHER BUSINESS
None
6.0 STAFF REPORTS
6.1 Director's Report
Mr. Persaud informed the Commission of future agenda items:
1. Public hearing for amendment to PD in the Legends.
2. State Highway 121 development considerations.
3. Looking at Sprint antenna proposal.
Planning and Zoning Commission April 10, 2001
Mr. Persaud also informed the Commission of the resignation of Commissioner Wood.
After the election in May, he will approach the Council about a replacement.
With no further business, the mee~ed at 7:30 p.m.
~new, Chairman
C-~8.~y V~ondersaar,t~[ecor&ng Secretary