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HomeMy WebLinkAbout1989 P&Z 741 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY, TEXAS HELD ON JANUARY 24, 1989 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to Order at 7:35 p.m. at City Hall 5151 North Colony Blvd. with the following Members in attendance: AGNES FOSTER CHAIRPERSON EARL BRANTLEY MEMBER JAMES VANDERBERG MEMBER ROY MARIN MEMBER BILLY OWENS MEMBER with Member Doss absent due to business, however, a quorum was established. Also in attendance were Bob van Til, Administrative Staff Planner; Dick WEaver, Councilman; Tommy Turner, Public Works Director; Judy Shirk, REcording Secretary: at this time the following items weue discussed: * 1. APPROVAL OF THE MINUTES OF THE DECEMBER 13, 1988 MEETING. At this time Chairperson Foster asked that a correction be made in the minutes. She (Foster) did not appoint anyone to serve on the Landscape Ordinance. She did mention that Member Blake (still on the Commission at this time) and Member Matin were interested. I With the correction noted, Member Vanderberg made a motion to approve the minutes of the December 13, 1988 meeting. Member Branttey seconded the motion and it carried with all Members voting aye. 2. CITIZEN,?INPUT. Several citizens came forward with concerns regarding North- Pointe Phase II and the possibility that the Commission may consider opening Twitty and the Alley behind Turner. Marlene Poole 5640 Twitty Ms. Poole informed the Commission that she (Marlene) had recieved a call from the Mayor in regards to this concern. Mayor Amick had requested that she attend this meeting and talk to the Commission. Ms. Poole stated that the Northpointe Phase II had been approved by the City Council but with the stipulation that Twitty remain closed. The Commission does not have the authority to change this decision during this Final Plat phase. Wanda Pazage 5644 Twitty Ms. Pazage does not want Twitty opened. If this street is opened it will creat a Minneaplis freeway. Carol S~th 5557 Turner Ms. Smith does ~not want the alley behind Turner opened to through traffic from the Northpointe Phase II area. Mr. Small ~56§2 Tucker Mu. Small stated that he does concur with the planning as it is now and he thanked Fox & Jacobs for being available to talk to the residents regarding this item. Cathy Bock North Colony Blvd. Ms. Bock stated that Fox & Jacobs doesn not care if the alley or the street are closed or not. They will work with the City and the residents tomake sure that the addition is done properly. 74 (2) With no further comments from the residents on th~s item Chairperson Foster moved on the next agenda item. 3. REVIEW AND RECOMMENDATION OF THE APPLICATION MAKE BY LEWISVILLE INDEPENDENT SCHOOL DISTRICT TO AMEND ORDINANCE 465 (JANUARY 5, 1987) TO RELOCATE THE PROPOSED SCHOOL SITE NORTH ON ETHERIDGE DRIVE BETWEEN HOWARD AND DURBIN STREETS. Chairperson Foster informed the Commission that sence L.I. S.D. had withdrawn their request for the change in site that -- the Commission does not have any further action to be taken on this item. 4. REVIEW AND RECOMMENDATION OF THE COLONY NUMBER 28 PHASE III FINAL PLAT. Mr. Steve Stolte of Fox & Jacobs addressed the citizens and the Commission. Mr. stolte informed the Commission that they (F&J) had planned a site for a Fire Station or possibly a Day Care Facility, but that the residents wanted t~ area residential so this is what F&J will do at this time. Member Brantley asked about lots 1 thru 36, south of North Colony Blvd., is that t ten (10) feet building line or deeper through this area? Mr. van Til answered that he believed it is a ten (10 feet building line. Member Brantley stated that he did not want the houses out of line with the existing fences. Mr. van Til said that he would check into this and see what the exact building line is in this area south of North Colony ~A Blvd. It may be twenty (20) feet after all. Mr. stolte stated that the houses are built five (5) feet off of the property line toward the inside of the lot. With this five (5) feet addition the houses should not stick out from the fences. Chairperson Foster stated that there were fences on the drainage easement. Mr. van Til informed the Commission that these fences were not encrouching on the easement. Member ,Brantley stated that no permenent structures can be placed on any utility easements. Mr. Stolte advised the Commission that they can be placed on drainage easements. At.this time Chairperson Foster asked for a motion in regards to this item. Member Brantey made a motion to recommend approval of the Fianl Plat for Phase III of the Colony #28 with the stipulation__ that the building lines for the houses south of North Colony Blvd. be checked into. Member Owens seconded the motion and it carried with the following roll call vote: Ayes A~i present Noes None 5. REVIEW AND RECOMMENDATION OF NORTHPOINTE PHASE II,FINAL PLAT At this time Mr. van Til took the floor to give a brief history of Northpointe to the residents and the Commission Members who were not serving at the time this Phase was brought before the Commission. Application was made in August of 1986. Planning & Zoning had a~work session regarding this m~tter on November 5, 1986 and a regular session on December 12, 1986. ? 4 3 (3) During these sessions sixteen (16) items were asked to be taken care of. The Ney items that were requested during these meetings were: 1. Twitty street be opened. 2. Two (2) additional feet be added to the alleyway on west side of subdivision. The Commisison preferred this to a double alleway. On December 15, 1986 the Cit~:Council approved the~.preliminary ptatls~ating that Twitty street would remain closed and they (City Council) appointed two (2) Councilpersons to come up with:a~te~nativeiaccesses to this area. January 5, 1987 the Councilpersons report that they cannot find any alternative routes into this area. However, agree- ments were made that the alley be re-routed to the south. A letter recieved from Joe Luciano, F&J, onlDecember 4, 1988 stated that no alley connections will be made behind the Smith residents home on Turner. NORTHPOINTE PHASE I SOUTH OF NORTH COLONY BLVD. AND EAST OF MORNINGSTAR. Final Plat: October 1987 Planning & Zoning approval on January 26, 1988 City Council approval on February 1, 1988 After the approval of this Phase design standards in the City cha~g6d. Drainage criterian were made to conform at time of development. Other items, alleys, roads, R.O.Wi were teft,~as approved on preliminary plat. At this time Mr. Steve Stolte stated that the Final Plat concurs with what was set up by City Council and maintains this new criteria. Mr. Joe Luciano informed the Commission that the duel alley had been eliminated and that the alley R.O.W~ was widened by two (2) feet. There will be an access from North Colony Blvd. to Turner through the Northpointe Phase II addition. Member Brantley asked why the boundaries on North Pointe Drive had changed? This street use to curve more, it's now flater. Mr. Truman Edminister answered that the new criteria in the new city codes called for a wider radius. In order to cover this new radius they had to lengthen the rOad~, Chairperson Foster asked what the average square footage of homes will be in this area? Mr. Stolte: they will be from 1350 to 2135. The Commission asked about electric utilities. Mr. Stotle stated that Texas Utilities will be putting in power lines to service this area. Chairperson Foster asked the time limit for Phase III and IV? Mr. Stolte: It will be about this same time next year. Chairperson Foster asked about a possible Fire Station ~he City is moving it's main Station to Blair Oaks and South Colony Blvd. in the near future and this will effect the 744 (4) the response time to this area. The response time will be greater. Mr. Stolte: They (F&J) have set aside forty (40) acreas in the Northpointe additon for a park, school or if the city would like a Fire Station. Chairperson Foster asked what will take the place of the guard rail at the end of Twitty? Mr. Stolte: the post will be removed from this area and fences from the new addition will run along this area. Chairperson Foster asked about the street names. Will they be taken care of before t~e'~final plat is registered? Mr. Stolte'informed the Commission that the plat will not be signed unless the street names are addressed. With no further questions or discussion regarding this matter Chairperson Foster asked for a motion. Member Brantley made a the motion to recommend approval of the Final Plat for Northpointe Phase II consisting of 34.060 acrea tract with the stipulation that the building lines for homes south of North Colony Blvd. be checked into to insure that these homes do not stick out from the fences. Member Vanderberg seconded the motion and it carried with the following roll call vote: Ayes All present Noes None At this tim~ , before adjourning, Chairperson Foster informed the Commislson that Cathy Bock was presented with a plaque from the City Council at'the January 9, 1989 meeting. This plaque was for her dedication and service to the Planning & Zoning Commission. Chairperson Foster also nominated Members Marin and Vanderberg to work on the Landscape Ordinance. With no further business Member Brantley made a motion to adjourn the meeting. Member Vanderberg seconded and the motion carried with all Members voting aye. Adjourn 8:45 p.m. * Correction: Add that citizen Marlene Poole did state that Mayor Amick had asked:her to come before the Commission on his behalf. Member Brantley amended his motion of The Northpointe Phase III, The Colony #28 to read: Member Brantley made a motion to recommend approval of the Final Plat for Phase III of The Colony #28. 743 CITY OF THE COLONY DENTON COUNTY, TEXAS FEBRUARY 9, 1989 TO ALL INTERESTED PARTIES: Notice is hereby given of a REGULAR SESSION'Of the Planning & Zoning Commission of the City of The Colony, Texas to be held on the 14th day of February 1989, at City Hall, 5151 North Colony Blvd., at which time the following items will be discussed: 1. Approval of the minutes of the January 24, 1989 meeting. 2. Citizen Input. 3. PUBLIC HEARING as requested by Angelina Velez, to have the Comprehensive Zoning Ordinance and Zoning Map of the City of The Colony, Texas amended so as to give a location directly to the west, and contiguous to 4750 South Colony Blvd., suite 120 a Specific Use Permit for the sale of beer, wine and liquor for on-premise consumption (expansion of existing resaurant). 4. Consideration and recommendation regarding the PUBLIC HEARING as requested by Angelina Velez for a Specific Use Permit for the expansion of her restaurant to an 2030 square foot area adjacent and contiguous suit, for the sale of beer, wine and liquor for on-premise consumption. 5. GENERAL DISCUSSION: a. Rezoning requirements b. Presentation by Mr. Earl Brantley. I do hereby certify that the above notice of meeting was placed on the posting board outside of City Hall prior to 5:00 p.m. on the 9th day of February, 1989. Patti Hicks, City Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY, TEXAS HELD ON FEBRUARY 14, 1989 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to Order at 7:30 p.m. at City Hall, 5151 North Colony Blvd. with the following Members in attendance: AGNES FOSTER CHAIRPERSON EARL BRANTLEY MEMBER BOB DOSS MEMBER BILLY OWENS MEMBER ROY MARIN MEMBER JAMES VANDERBURG MEMBER with these Members in attendance a quorum was established. Also in attendance were Bob van Til, Administrative Staff Planner; Dick Weaver, Councilman; Judy Shirk, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES OF THE JANUARY 24, 1989 MEETING. At this time Chairperson Foster asked that a statement made by citizen Marlene Poole be added into the minutes. Ms. Poole stated that Mayor Amick had asked her to come before the Commission on his behalf. Member Brantley asked that his motion regarding Northpointe Phase III, The Colony #28 be amended to read as follows: Member Brantley made a motion to recommend approval of the Final Plat for Phase III of The Colony #28. Member Vanderburg made a motion to approve the minutes with these corrections. Member Matin seconded the motion and it carried with all Members voting aye. Member Doss did abstain from voting due to not being at the January 24, 1989 meeting. 2. CITIZEN INPUt. Council Weaver informed the Commission that at the ~ast Council meeting the Council voted to open Twitty Street and eliminate Alley J. ~his item will be brought back before the Council at the next meeting for further discussion and another vote. 3. PUBLIC HEARING AS REQUESTED BY ANGENLIN VELEZ TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY, TEXAS AMENDED SO AS TO GIVE A LOCATION DIRECTLY TO THE WEST AND CONTIGUOUS TO 4750 SOUTH COLONY BLVD., SUITE 120 A SPECIFIC USE PERMIT FOR THE SALE OF BEER, WINE AND LIQUOR FOR ON-PREMISE COMSUMPTION(EXP~NSION OF EXISTING RESTUARANT.) Chairperson Foster asked for a motion to open the Public Hearing. Member Doss so moved. Member Matin seconded and the motion carried with all Members voting aye. With no questions for the Commission or citizens Chairperson Foster asked for a motion to close the Public Hearing. Member Brantley so moved. Member Doss seconded. The motion carried with all Members voting aye. 4. CONSIDERATION AND RECOMMENDATION REGARDING THE PUBLIC HEARING AS REQUESTEDBY ANGELINA VELEZ FOR A SPECIFIC USE PERMIT FOR THE SALE OF BEER, WINE AND LIQUOR FOR ON-PREMISE CONSUMPTION FOR THE EXPANSION OF HER RESTAURANT TO AN 2030 SQUARE FOOT AREA ADJACENT AND CONTIGUOUS TO THE EXISTING SUITE. Member Vanderburg made a motion to recommend approval of the request made by Ang~lina Velez to have the Comprehensive Zoning Ordinance and Zoning Map of the City of The Colony, Texas amended so as to give a 2030 square foot area adjacent and contiguous to existing suite a Specific Use Permit for the sale of beer,wine and liquor for on-premise consumption. Member Brantley seconded and the motion carried with the following roll call vote: Ayes Ail present Noes None 747 (2) 5. GENERAL DISCUSSION: a) rezoning requirements b) presentation by Mr. Earl Brantley At this time Chairperson Foster brought up some points regarding the Twitty Street problem. Ms. Foster informed the Commission that they do have the right to recommend any.action they feel necessary to the City Council at any time they feel it is necessary to do so. They cannot over-rule the Council but.they can recommend a change if they feel the need. a) Re-zoning Requirements: Mr. van Til: Re-zoning requirements are the same as zoning requirements. They are-applicaiton for zoning and the hearing before the Commission. Mr. van Til asked the Commission if they would like to have traffic studies, invironmental impact, impact analysis, financial impact statements in the application? Member Vanderburg asked if having the developer do a traffic study, because of cost, would this be detremental to new development? Member Doss asked if this would hold up development if the developer is required to do a traffic study? Mr. vna Til stated that the traffic studies could be set up to depend on the type of business and the size of the area to be zoned or re-zoned. Chairperson Foster stated that it could be a requirement and that certain areas would not have to supply certain criteria, depending on size of area and/Or type of business. Member Matin felt that this information is needed and should the developer have a problem with this they(developer) should come before the Commission to have any part of the application waived. Member Doss asked how Staff and the Commission know that the traffic study is accurate? Mr. van Till checks the study with the City's engineers to varify the studies accuracy. Member Brantley stated that guidelines could be established regarding a traffic study statedg what is required in this area of the application. Mr. van Till stated that he does tell any developer that comes in for an application to go ahead and do a traffic study, if one has not already been done, just in case the Commission may feel that the area to be zoned may warrant one,and the Commission may not approve the application without one. Member Owens suggested that the application have a waiver for certain studies so that the developer can fill out this portion and then Mr. van Till and the Commission can decide if the waiver is valid for the project the developer has in mind. Member Marin stated that a traffic study depends a lot on the type of business not just the size of the area. Mr. van Til informed the Commission that these studies will[I give the city a lot of information than the city can obtain on it's own. Member Owens suggested that if a traffic study has already been done and it is ser for a re-zoning that the re-zoning should not require another study. 743 (3) Chairperson Foster asked Mr. van Til to check with other city's zoning and re-zoning requirements and b~ing the information back to them as soon as possible. Mr. van Til will check into city's with forty (40) or fifty (50) thousand population and then.~the Commission can pick and choose what requiremetns will fit the City of The Colony's needs. b) Presentation by Member Brantley. Member Brantley expressed a desire that the plats should be more explicit in their rendition of the area being plated. Plats should show R.O.W. and building lines in relationship to the contiguous area. At this time Member Brantley and the Commission looked over two (2) different plats. Member Branttey showed the Commission the problems that can occur when they do not show R.O.W and building lines. Member Brantley stated that if the information is not shown on the plat it needs to be sent back to be done properly. Member Owens asked who checks the plats when they are brought in to the City? Does the staff actually go out into the field and look it over? Mr. van Til answered that he checks the plats. Member Owens stated that Mr. van Til should be able to answer all of the Commissioners questions at the time of the plat review. Member Vanderburg stated that the Commission should be able to rely on the staff for all the answers pertaining to the plat and that the plat should have all the correct information on it at the time of review. Mr. van Til explained the process by which the staff reviews the plats. Discussion followed. With no further discussion Chairperson Foster asked for a motion to adjourn the meeting. Member Owens so moved. Member Marin seconded and the motion carried with all Members voting aye. Adjourned 8:40 p.m. g~s Foster, Chairperson Judy Shirk, Recording Secretary 743 CITY OF THE COLONY DENTON COUNTY, TEXAS FEBRUARY 23, 1989 TO ALL INTERESTED PARTIES~ Notice is hereby given of a REGULAR SESSION of the Planning & zoning Commission of the City of The Colony, Texas to be held on the 28th day of February, 1989, at City Hall, 5151 North Colony Blvd., at which time the following items will be discussed: 1. Review and Consideration of a site plan submitted by Braum's Ice Cream, Inc. for a store to be located on the South east corner of Chowning Circle and Main Street (F.M. 423). 2.~ Citizen Input. I do hereby certify that the above notice of meeting was placed on the posting board outside of City Hall prior to 5:00 p.m. on the 23rd day of February, 1989. Patti Hicks, City Secretary 75O MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY, TEXAS HELD ON FEBRUARY 28, 1989 A REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. at City Hall, 5151 North Colony Blvd. with the following members in attendance: Agnes Foster, Chairperson Roy Marin, Member Robert Doss, Vice-Chairperson Billy Owens, Member with Members Vanderburg and Brantley absent due to business and being out of the City, however, a quorum was establishes. Also in attendance were Bob van Til, Administrative Staff Planner and Judy Shirk, Recording Secretary. At this time, the following items were addressed: 1. REVIEW AND CONSIDERATION OF A SITE PLAN SUBMITTED BY BRAUM'S ICE CREAM STORE, INC. FOR A STORE TO BE LOCATED ON THE SOUTHEAST CORNER OF CHOWNING CIRCLE AND MAIN STREET (F.M. 423) Mr. Mickey Nowell, engineer, was in attendance representing Braum's Ice Cream Store, Inc. Chairperson Foster had several questions regarding the site plan from a list of conditions that Mr. van Til had placed in the packets for this meeting. The questions and responses are as follows: A. Handicapped Spaces - Are they now being provided? Mr. Nowell said there will be two located at the front entrance to the store. B. Will the easements be labeled? Mr. Nowell stated the abandoned, as well as the approved easements will be shown on the revised site plan. The ingress and egress and fire lanes will be shown also. C. Engineering plans to be shown to staff should indicate fire hydrants and drainage. Mr. Nowell said those items would be on the plans, noting they have to be approved by the State Highway Department before being submitted. Nowell did say the waterlines will be drawn after the Highway Department has approved them. D. Will you be putting in a sidewalk along FM 423? Mr. Nowell stated this is not possible due to objections from the Highway Department. Mr. Nowell said the Highway Department will be widening FM 423 at a later date and there is a drainage swell in that area designated for the sidewalk. E. Will there be an irrigation system located in the landscaped area? Mr. Nowell said there will be, however, it is not indicated on the plans because a licensed landscape architect must draw those plans. Chairperson Foster said she would like to see those plans and Mr. Nowell stated he will provide a copy for her. Member Doss asked if the drive-through route will be both an ingress/egress route. Mr. Nowell stated it will be designated an entrance on one end and an exit on the other end. Member Doss asked if it would be possible to move the drive- 751 through window to the rear of the building. Mr. Nowell advised it would not because this is also the pick up area. Chairperson Foster asked how far the fence will continue. Mr. Nowell said the fence will continue all the way along the site. Chairperson Foster also asked if the fences at the resident's property and Braum's property will butt up against each other. Mr. Nowell said the resident's fence is on the property line and the Braum's fence will butt up against it, noting there will not be any space between them. Chairperson Foster asked if the radius of the drive-through will create a problem with getting in and out of the area. mr. Nowell said this drive-through has a fifteen foot (15') radius, which is more than adequate. At this time, Chairperson Foster opened the floor for questions from the residents. Ms. Felicia Herby, 4713 Chowning Cir., stated that she is not happy with the idea that motorists will be using Chowning Cir. as a turn around to get back onto F.M. 423 and asked if anything can be done about that. Member Doss told Ms. Herby there is no solution to that problem. Mr. Nowell informed the Commission that there really is not a lot of drive-through business at a Braum's and that he doesn't feel that this is going to create a traffic problem for anyone in the area. Mr. Nowell said motorists using the pick-up can exit onto Chowning, turn left and get out onto 423 in this manner, going on to say the drive-through can be stripped to insure that motorists will follow it to the Chowning exit. Nowell said motorists will not have to drive into the cul-de-sac to turn around. Chairperson Foster asked if signs have been designed to follow the City's code. Mr. Nowell said they will comply, stating Braum's is also going to have signs marking entrances and exits at the site. Member Doss noted this is a good idea. Member Owens informed the Commission there is a through street (Witt Drive) a block down on 423 that motorists can turn on to which intersects Knight Drive; Knight then intersects N. Colony Blvd. Motorists can use this route to get back to 423 if they need to. Ms. Leslie Shaw, 4713 Chowning said the cul-de-sac she lives on is very small and she does not want the extra traffic that the store will bring. She said the traffic will use Chowning to turn around in, stating it is already used by motorists wanting to turn back south on 423, noting the median does not let them and there is no U turn allowed at this location. Member Doss informed the Commission that he had driven down the alley on Chowning and it was blocked at both ends; a pile of gravel blocked one end and a tree blocked the other end. He asked who is responsible for taking care of this problem. Chairperson Foster said she thinks the Public Works Dept. of the City is responsible and asked if the alley is on Braum's property. Bob van Til said it is but a common access agreement has signed. Chairman Foster said the residents on Chowning had been given the option of closing Chowning Circle at 423 and opening it at the other end, giving the residents access out of their property in another direction and then re-zoning this property as residential. At this time there was a lengthy discussion regarding the concerns of the Commission on this site plan. During the discussion the following concerns and suggestions were made by the Commission: 1. Traffic not being able to make a U-turn at the median on 423, causing motorists to use Chowning Circle as a turn around. 2. Make the drive going out of the site at Chowning as an exit drive only. 3. This site may generate an excessive amount of traffic onto 423, thus creating a traffic problem on 423 and Chowning Circle. 4. Possibility of moving north exit closer to the end of the site at the north so that motorists can make a left turn onto 423. Mr. Nowell informed the Commission this would not comply with City Codes. 5. Member Doss asked if the building could be placed at an angle on the site so that traffic could flow better within the area. Mr. Nowell said this would place the back of the building facing motorists and this not a good business move. Member Doss also felt the size of the site is creating the traffic problems plus the median on 423 does not allow the motorists to turn back south after coming out of the Braum's site. Member Doss felt he could not approve this site plan without further study or options on locations of the entrance and exits. 6. Close the last cut to the north going onto 423 and make the south cut an entrance and the only exit cut on Chowning. Mr. Nowell pointed out that a possibility of backing up traffic on Chowning may occur using that plan. Member Doss stated that he does not like the flow of traffic within the site plan, stating there is too much cross traffic with entrance and exits as they are presented. 7. Move the exit on Chowning closer to 423. Mr. Nowell stated this will make a very sharp turn for motorists leaving the drive- through. After further discussion Chairperson Foster asked if there were any other questions regarding this item. Chairperson Foster did ask if the lighting will be directed toward the site and no onto the residential area. Mr. Nowell stated the lighting will be directed toward the site and there will be shields on the lights. Member Owens asked if the light at the back of the property could be lowered to ensure that this will not shine on any residences. Mr. Nowell said it can and would not be a problem as it is only lighting the drive. Member Doss asked if there is a place set up at the back of the building for delivery trucks to unload. Mr. Nowell said there will be a 12' by 8' pad for these trucks to unload and that the drive-through is still usable. Chairperson Foster asked for a motion. There being no motion, Mr. van Til approached the Commission and stated that the site plan has been reviewed and that all of the Commissioners concerns had been discussed at this review, noting this site is the most feasible for Braum's and the City, and that all items of this site plan do meet the design criteria for the City. Mr. van Til went on to say the Commission may make recommendation to approve or disapprove at this time or they can table the item if they desire. Chairperson Foster informed the Commission of the meeting she attended with Mayor Amick, Councilmen Harris and Weaver, Bill Hall, City Manager, Braum's representatives, and residents of Chowning Circle. Chairperson Foster stated that during this meeting the citizens were given some options and that it appears from the meeting the citizens have not decided on either of those options; closing the alley, closing the street to the west and opening it to the east. A brief discussion followed. At this time Member Doss moved to recommend denial of the 753 site plan submitted by Braum's Ice Cream Store, Inc. to be located on the southeast corner of Chowning Circle and Main Street (F.M. 423). Member Marin seconded the motion, which carried with the following roll call vote: Doss - Aye, Owens - Aye, Marin - Aye, Foster - No. With no further business to address, Member Doss moved to adjourn the meeting and Member Owens seconded the motion which carried with all members voting Aye. Chairperson Foster adjourned the meeting at 9:50 p.m. APPROVED: ~~ Chairperson ATTEST: Judy Shirk, Recording Secretary CITY OF THE COLONY DENTON COUNTY, TEXAS APRIL 20, 1989 TO ALL INTERESTED PARTIES: Notice is hereby given of a WORK SESSION of the Planning & Zoning Commission of the City of The Colony, Texas to be held on the 26th day of April, 1989 at City Hall, 5151 North Colony Blvd., at 7:30 p.m. at which time the following items will be discussed: 1. Introduction of new Commissioner Mr. Dewayne Snider. 2. Approval of the munites of the February 14, 1989 and the February 28th, 1989 meetings. 3. WORK SESSION: a. Vehicle Parking Restrictions; Private and Public. I do hereby certify that the above notice of meeting was placed on the posting board outside of City Hall prior to 5:00 p.m. on the 20th day of April 1989. Patti Hicks, City Secretary 755 ~INUTE$ OF T~E PX~ING & ZONING CO~I$SION OF THE CITY OF THE COLONY, TEXAS HELD ON APRIL 26, 1989 A WORK SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Agnes Foster Chairperson Earl Brantley Member Bob Doss Vice-Chairperson Billy Owens Member James Vanderburg Member Dewayne Snider Member with Member Marin absent, however, a quorum was established. Also in attendance were Dick Weaver, Councilman; Bob van Til, Administra- tive Staff Planner; Mike Russell, Inspections Director; Judy Shirk, Recording Secretary; at which time the following items were dis- cussed: 1. INTRODUCTION OF NEW PLANNING & ZONING COMMISSIONER, MR. DEWAYNE SNIDER. Mr. Snider told the Commission a little about himself. He is married, has three children, graduated from Iowa State in 1981 and has been a project architect for eight years. At this time each Member introduced themselves to Mr. Snider and welcomed him to the Commission. 2. APPROVAL OF THE MINUTES OF THE FEBRUARY 14, 1989, AND THE FEBRUARY 28, 1989 MEETINGS. Chairperson Foster asked if there were any corrections or addi- tions to the minutes of the February 14, 1989 meeting? With no corrections or additions Member Vanderburg made a motion to approve the minutes as written. Member Brantley seconded and the motion carried with all Members voting aye. Chairperson Foster asked if there were any corrections or addi- tions to the minutes of the February 28, 1989 meeting? With no corrections and no additions Member Doss made a motion to approve the minutes as written. Member Owens seconded and the motion carried with all Members (Member Brantley abstained due to not being at the February 28, 1989 meeting) voting aye. 3. WORK SESSION: Vehicle Parking Restrictions; Private and Public Chairperson Foster asked Mr. van Til to go over this item with the Commission. Mr. van Til: Mr. Russell of the Inspections Department has asked that the Commission consider eliminating any reference to vehicles used in the definitions for home occupation in the zoning code, section 10, page 1470, and that section 13-103 (2) be changed to read "...except panel trucks and pick-up trucks not exceeding a one (1) ton gross registered carrying capacity." The reason Mr. Russell is asking for these changes is that there is a conflict of meaning and this has created an enforcement problem for Mr. Russells' Department. At this time Mr. Russell, Inspections Department Director ex- plained to the Commission the problem that this contradiction is creating. He (Mr. Russell) stated that the actual definition of a home occupation or not has caused some confusion as to allowing a vehicle, not allowed by home occupation, to park on a lot. It is very difficult to prove a home occupation exists because the city does not require licensing of businesses in the city. Mr. van Til explained as: if a pick-up truck or panel truck is not associated with a home occupation, it can be parked on a lot or tract, if it is associated with a home occupation the vehicles cannot be parked on the lot or tract. Member Doss asked why the parking in home occupation was set up this way in the first place? Mr. van Til stated that he thinks it may have been to keep the residential areas looking like residential areas and not have panel trucks or pick-up trucks marked with the business names parked in the driveways. Member Doss asked what the weight of these vehicles will do to the driveway if the parking of these vehicles is stricken for the zoning code? Mr. van Til stated nothing, these alleys are set up for trash trucks which weigh a lot more. At this time some discussion followed. Member Owens made amotion to recommend to eliminate all reference to parking used in home occupation of the zoning code and that Section 13-103 (2) be changed to read "...except panel trucks and pick-up trucks with a registered gross carrying capacity of 2,000 pounds." Member Doss seconded the motion and it carried with the following roll call vote: Earl Brantley, Yes; Bob Doss, Yes; James Vander- burg, Yes; Billy Owens, Yes; Dewayne Snider, Yes; Agnes Foster, Yes. At this time Chairperson Foster asked that a General Discussion be held. LANDSCAPE ORDINANCE: Member Vanderburg stated that they have been meeting and that the committee is compiling information from other city's in regards to their Landscape Ordinances. When they have compiled the information and have put it together they will bring it before the Commission. BRAUMS: Chairperson Foster informed the Commission that this item is still on hold. Braums has not gotten back with the City Council as of yet. LISD: Mr. van Til stated that he has been in touch with LISD and things are coming along. 423: 423 is designated to be a four (4) lane road in about twelve (12) months. These four (4) lanes will be to the bridge. At this time Member Brantley informed the Commission that he will not be putting in for re-appointment to the Commission. Member Brantley thanked everyone and told them that he has enjoyed working with all of them. The Commission thanked Mr. Brantley for his time and dedication to the Commission and that they will all miss him. With no further business Chairperson Foster asked for a motion to adjourn the meeting. Member Doss so moved and Member Brantley seconded. The motion carried with all Members voting aye. Meeting adjourned at 8:30 p.m. Agnes Foster, Chairperson Judy Shirk, Recording Secretary CITY OF THE COLONY DENTON COUNTY, TEXAS MAY 3, 1989 TO ALL INTERESTED PARITES: Notice is hereby given of a REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas to be held on the 9th day of May, 1989 at City Hall 5151 N. Colony Blvd. , at 7:30 p.m. at which time the following items will be discussed: 1. Approval of the minutes from the April 26, 1989 Work Session. 2. WORK SESSION: Aspects of site plan review and the role of the Commission. This meeting cancelled due to not having a quorum present. CERTIFICATION I do hereby certify that the above notice of meeting was placed on the posting board outside of City Hall prior to 5:00 p.m. on the 4th day of May, 1989. Patti Hicks, City Secretary 753 CITY OF THE COLONY DENTON COUNTY, TEXAS MAY 18, 1989 TO ALL-!NTERESTED~P~RTtES: Notice is hereby given of a REGULAR SESSION of the Planning & Zoning commission of the City of The Colony, TExas to be held on May 23rd 1989, at City Hall, 5151 N. Colony Blvd., at 7:30 p.m. at which time the following items will be discussed: 1. Introduction of Ms. Kay Corrales; new recording secretary for the Planning & Zoning Commission. 2. Citizen Input. 3. Approval of the minutes of the April 26, 1989 meeting. 4. PUBLIC HEARING as requested by the City of The Colony to amend the code of Ordinances Appendix A-Zoning, sections 10-300 (14) and 13-103 (2) relating to Vehicle Parking Regulations. 5. Review and Consideration of a request made by the City of The Colony to amend the code of Ordinances Appendix A-Zoning Sections 10-300 (14) and 13-103 (2) relating to Vehicle Parking Regulations. 6. PUBLIC HEARING as requested by the City of The Colony to amend the Comprehensive Zoning Ordinance and Zoning Map of the City of The Colony, Texas so as to change zoning on a parcel of land located in the T. Wilson Survey, ADstract 1352, containing apprcximately 122 acres from Single Family Classification to a Business Park Classification. 7. Review and Consideration of a request by the City of the Colony to amend the Comprehensive Zoning Ordinance and Zoning Map of the City of The Colony, Texas so as to change zoning on parcel of land located in the T. Wilson Survey, Abstract 1352, containing approximately 122 acres from Single Family Classification to a Business Park Classification. 8. PUBLIC HEARING as requested by the City of The Colony to amend the Comprehensive Zoning Ordinance and Zoning Map of the City of the Colony, Texas so as to change the zoning on a parcel of land located in the Samuel E. Hayes Survey, Abstract 648, more specifically; The Colony 31, Block 113, Lots 10, 11, 12 to a Duplex Classification and The Colony 31~ Block 113, Lots 8, 9 and Block 112, Lots 11,12, 13 to a Single Family Classification from a General Retail Classification. Review and Consideration of a request by the City of the Colony to amend the Comprehensive Zoning Ordinance and zoning Map of the City of The Colony, Texas so as to change zoning on a parcel of land located in the Samuel E. Hayes Survey, Abstract 648, more specifically; The Colony 31, Block 113, Lots 10, 11, 12 to a Duplex Classification and The Colony 31, Block 113, Lots 8, 9 and Block 112, Lots 11,12,12 to a Single Family Classification from a General Retail Classification. CERTIFICATION I do hereby certify that ~he above notice of meeting was p~&ced on the posting board outs6ide of City Hall prior to 5:00 p.m. on the 19th day of May, 1989. Patti Hicks, City Secretary 753 HINUTES OF THE PL~-NING & ZONING COI~I$$ION OF THE CItY OF THE COLONY, ]~E~.r) ON [fAY 23, 1989 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 North Colony Blvd., with the following Members in attendance: Agnes Foster Chairperson Robert Doss Vice-Chairperson Billy Owens Member Dewayne Snider Member Roy Marin Member with Member Vanderburg absent due to a previous engagement, however, a quorum was established. Also in attendance were Bill Hall, City Manager; Dick Weaver, Councilman; Tommy Turner, Director of Public Works; Mike Russell, Inspections Director; Bob van Til, Administrative Staff Planner; Judy Shirk, former Record- ing Secretary; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. INTRODUCTION OF NEW PLANNING & ZONING RECORDING SECRETARY, KAY CORRALES. 2. CITIZEN INPUT None at this time. 3. APPROVAL OF THE MINUTES OF THE APRIL 26, 1989 MEETING. Chairperson Foster asked if there were any corrections or additions to the minutes of the April 26, 1989 meeting? Member Owens noted a correction to be made on Page 2, Paragraph 7, 1,000 lbs. should be 2,000 lbs. Vice-Chairperson Doss made a motion to approve the minutes with this noted correction. Member Owens seconded and the motion carried with all Members voting aye. 4. PUBLIC HEARING AS REQUESTED BY THE CITY OF THE COLONY TO AMEND THE CODE OF ORDINANCES APPENDIX A-ZONING, SECTIONS 10-300 (14) AND 13-103 (2) RE- LATING TO VEHICLE PARKING REGULATIONS. Chairperson Foster asked for a motion to open the Public Hearing. Vice- Chairperson Doss so moved. Member Marin seconded and the motion carried with all Members voting aye. At this time, Mr. Russell, Inspections Department Director, explained to the Commission the problem that Section 10-300 (14) is creating. He (Mr. Russell) stated that the actual definition of a home occupation and de- ciding whether a vehicle such as a truck or pick-up truck is act- ually associated with a home occupation or not has caused some confusion as to allowing a vehicle, not allowed by home occupation, to park on a lot. It is very difficult to prove a home occupation exists because the City does not require licensing of businesses in the City. If a pick- up truck or panel truck is not associated with a home occupation, it can be parked on a lot or tract, if it is associated with a home occupation the vehicles cannot be parked on the lot or tract. With no questions for the Commission or citizens, Chairperson Foster asked for a motion to close the Public Hearing. Vice-Chairperson Doss so moved. Member Owens seconded. The motion carried with all Members voting aye. 5. REVIEW AND CONSIDERATION OF A REQUEST BY THE CITY OF THE COLONY TO AMEND THE CODE OF ORDINANCES APPENDIX A-ZONING SECTIONS 10-300 (14) AND 13-103 (2) RELATING TO VEHICLE PARKING REGULATIONS. Member Owens made a motion to recommend to eliminate all reference to parking used in home occupation of the Zoning Code and that Section 13-103 (2) be changed to read "...except panel trucks and pick-up trucks with a registered gross carrying capacity of 2,000 lbs." Vice-Chairperson Doss seconded the motion and it carried with the following roll call vote: Bob Doss: Yes; Roy Marin: Yes; Billy Owens: Yes; Dewayne Snider: Yes; Agnes Foster: Yes. Page 2 6. PUBLIC HEARING AS REQUESTED BY THE CITY OF THE COLONY TO AMEND THE COM- PREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY, TEXAS, SO AS TO CHANGE ZONING ON A PARCEL OF LAND LOCATED IN THE T. WILSON SURVEY, ABSTRACT 1352, CONTAINING APPROXIMATELY 122 ACRES FROM SINGLE FAMILY CLASSIFICATION TO A BUSINESS PARK CLASSIFICATION. Vice-Chairperson Doss so moved to open the Public Hearing and Member Owens seconded. Bob van Til stated the reasons for changing the zoning are: the old single family zoning allows for smaller lots and smaller homes; to make the pro- perty conform to the surrounding zoning of business park, therefore alle- viating the apparent "spot zoning"; the possibility of an adverse effect on the traffic flow on FM 423; additional property zoned as business park can possibly enhance the probability of non-residential development in that area. With no questions for the Commission or citizens, Chairperson Foster asked for a motion to close the Public Hearing. Vice-Chairperson Doss so moved. Member Marin seconded. The motion carried with all Members voting aye. 7. REVIEW AND CONSIDERATION OF A REQUEST BY THE CITY OF THE COLONY TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY, TEXAS, SO AS TO CHANGE ZONING ON THE PARCEL OF LAND LOCATED IN THE T. WILSON SURVEY, ABSTRACT 1352, CONTAINING APPROXIMATELY 122 ACRES FROM SINGLE FAMILY CLASSIFICATION TO A BUSINESS PARK CLASSIFICATION. Member Owens made a motion to recommend amending the Comprehensive Zoning Ordinance and Zoning map of th~ City of The Colony, Texas, to change the z~ning on a parcel of land located in the T. Wilson Survey, Abstract 1352, containing approximately 122 acres from Single Family Classification to a Business Park Classification. Chairperson Foster asked if Centex had been contacted and if they had any problems with the change. Bob van Til said they had been contacted and they had no~ problem with the change. Vice-Chairperson Doss seconded the motion and it carried with the following roll call vote: Bob Doss: Yes; Roy Marin: Yes; Billy Owens: Yes; Dewayne Snider: Yes; Agnes Foster: Yes. 8. PUBLIC HEARING AS REQUESTED BY THE CITY OF THE COLONY TO AMEND THE COMPRE- HENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY, TEXAS, SO AS TO CHANGE THE ZONING ON A PARCEL OF LAND LOCATED IN THE SAMUEL E. HAYES SURVEY, ABSTRACT 648, MORE SPECIFICALLY; THE COLONY 31, BLOCK 113, LOTS 10, 11, 12 TO A DUPLEX CLASSIFICATION AND THE COLONY 31, BLOCK 113, LOTS 8, 9 AND BLOCK 112, LOTS 11, 12, 13 TO A SINGLE FAMILY CLASSIFICATION FROM A GENERAL RETAIL CLASSIFICATION. Chairperson Foster asked for a motion to open the Public Hearing. Vice- Chairperson Doss so moved. Member Marin seconded and the motion carried with all Members voting aye. Mr. Bill Hall, City Manager requested to speak. Mr. Hall spoke of the controversy this item has generated and the pros and cons about the ex- isting zoning there now. We have had 4 or 5 different options, many are not agreeable with the City, as well as with the residents. In pursuit of an end result to put the zoning into proper perspective, and to allow the citizens to enjoy the living conditions they have enjoyed in the past, I have talked to the City Attorney and asked him to research all aspects of the existing law to determine any other options we have not addressed. The attorney called back with an option he feels will serve the purpose of the residents and will allow the City to draw the property into proper zoning. Our attorney was called out of town, therefore, I cannot present the option to you tonight. It is a legal matter and I would prefer to have the attorney present. It will require the City to contact each res- ident, we will need each resident to agree to all the terms, the option will have no impact on your zoning, and what you enjoy now will remain the same. I think you will find this agreeable. Therefore Mr. Hall requested the Planning & Zoning Commission for a continuation of the Public Hearing to June 13, 1989, and table Stem #9 on the agenda until that date also. Page 3 7 0 The following notices were received by mail: FOR: Evelyn Crenshaw, 7009 Knight St., The Colony, Texas 75056 Andrew Baldorsky, The Colony Car Wash, 1013 Ridgeview Circle, Carrollton, Texas 75006 AGAINST: Maria Rangel, 7024 Elm St., The Colony, Texas 75056 John M. Shaw, 4713 Chowning Circle, The Colony, Texas 75056 Nanette Ricco, 4708 Chowning Circle, The Colony, Texas 75056 Felecia Scaife (Clay), 4715 Chowning Circle, The Colony, Texas 75056 William Coppenbarger, 7005 Knight Dr., The Colony, Texas 75056 Nicholas Ricco, 1039 Stemmons Frwy, Suite 306, Carrollton, Texas 75006 Felecia R. Hervey 4715 Chowning Circle The Colony, Texas 75056 I have lived at 4715 Chowning Circle for 6 years. When I purchased my home, Fox & Jacobs nor the City told me what type of zoning I was in. You can eliminate some of the comments about sitting on a gold mine, Braums will change our lifestyle drastically. I have attended many meetings of the City Council and Planning and Zoning, meetings with the mayor and private meetings attempting to reach a conclusion to where we are not standing in the City's way or have the City overlook us. The heavy traffic will down- grade my land - it's ok to do that, but rezone. We were there first, some type of consideration should be shown to the residents. Leslie Shaw 4713 Chowning Circle The Colony, Texas 75056 Recognized - had nothing to say at this time due to Mrs. Hervey's statement. Edith Schmidt 4750 Wagner Drive The Colony, Texas 75056 Ms Schmidt had a complaint about the noise problem due to the car wash, lo- cated close to her home, she wondered if a fence could be constructed to help obscure some of the noise. Ms Schmidt did not understand what the agenda item dealt with, however, after Vice-Chairperson Doss explained the reason for having the zoning changed to single family, based on the location of the property adjacent to the property to be rezoned, she was in favor of rezoning. Nick Ricco 4706-4712 Chowning Circle The Colony, Texas 75056 Mr. Ricco feels as if the City Council meetings and Planning & Zoning meetings are dragged out week, after week, after week in hope of wearing down the resi- dents, so they will finally get tired of coming to all the meetings. Mr. Ricco offered a solution, to either zone the area all retail or all residential. Mr. Ricco requested the Planning & Zoning Commission to withdraw the present zoning request. Chairperson Foster stated that the Planning & Zoning Commission did not try to drag the meetings on and on, they try to expedite items whenever possible, but want to be sure every person is heard and every avenue explored to reach the right conclusion. Vice-Chairperson Doss stated the City is making every effort to work with the residents and wants everything to be ironed out. Discussion followed. With no further questions or discussion, Chairperson Foster asked for a motion to continue the Public Hearing until June 13, 1989. Member Owens so moved. Vice- Chairperson Doss seconded. The motion carried with ali Members voting aye. Page 4 9. REVIEW AND CONSIDERATION OF A REQUEST BY THE CITY OF THE COLONY TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY, TEXAS, SO AS TO CHANGE ZONING ON A PARCEL OF LAND LOCATED IN THE SAMUEL E. HAYES SURVEY, ABSTRACT 648, MORE SPECIFICALLY; THE COLONY 31, BLOCK 113, LOTS 10, 11, 12 TO A DUPLEX CLASSIFICATION AND THE COLONY 31, BLOCK 113, LOTS 8, 9, AND BLOCK 112, LOTS 11, 12, 13 TO A SINGLE FAMILY CLASSIFICATION FROM A GENERAL RETAIL CLASSIFICATION. Vice-Chairperson Doss made a motion to table this item to June 13, 1989. Member Owens seconded. The motion carried with all Members voting aye. GENERAL DISCUSSION: Chairperson Foster stated she attended a Work Shop on Braums and they did change from 2 driveways to 1 on Chowning Circle. It has not been approved by the City Council yet. With no further business, Chairperson Foster asked for a motion to adjourn the meeting. Member Marin so moved and Member Snider seconded. The motion carried with all Members voting aye. Meeting adjourned at 8:20 p.m. Kay ~~oster, Chai~rso~-- -- ~or~s, Recording Secretary 762 CITY OF THE COLOI~IY DENTON COUNTY, TEXAS ~ 8, 1989 TO ALL INTERESTED PERSONS: Notice is hereby given of a REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, to be held on June 13th, 1989, at City Hall, 5151N. Colony Blvd., at 7:30 p.m. at which time the following items will be discussed: 1. Approval of the minutes from the. May 23, 1989 regular meeting. 2. Citizen input. 3. Continuation of a PUBLIC HEARING from the May 23, 1989 regular meeting as requested by the City of The Colony that the Comprehensive Zoning Ordinance #61 and the Zoning Map of the City of The Colony, Texas, be amended so as to give property generally located in the Samuel E. Hayes Survey, Abstract 648, more specifically; The Colony 31, Block 113, Lots 10, 11, 12 to a Duplex Classification and The Colony 31, Block 113, Lots 8, 9 and Block 112, Lots 11, 12, 13 to a Single Family 4 Classification. A change from General Retail Classification. 4. Review and Consideration of a request made by the City of The Colony to have the Comprehensive Zoning Ordinance #61 and the Zoning Map of the City of The Colony amended so as to give property generally located in the Samuel E. Hayes Survey, Abstract 648, more specifically; The Colony 31, Block 113, Lots 10, 11, 12 to a Duplex Classification and The Colony 31, Block 113, Lots 8, 9 and Block 112, Lots 11, 12, 13 to a Single Family 4 Classification. A change from General Retail Classification. 5. General Discussion: A. Chairmanship of the Commission. B. Update of the proposed L.I.S.D. elementary school. C. Update on proposed landscape ordinance. CERTIFICATION I do hereby certify that the above notice of meeting was placed on the posting board outside of City Hall prior to 5:00 p.m. on the 9th day of June, 1989. Patti Hicks, City Secretary NINOTE$ OF TIlE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY ~:Lr~ ON JIJNE 13, 1989 The REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall, 5151 North Colony Blvd., with the following Members in attendance: Agnes Foster Chairperson Robert Doss Vice-Chairperson Billy Owens Member Roy Marin Member James Vanderburg Member with Member Snider absent, however, a quorum was established. Also in attendance were John Hill, City Attorney; Dick Weaver, Councilman; Jeff Ball, The Colony Leader; Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secre- tary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE MAY 23, 1989 REGULAR MEETING. Vice-Chairperson Doss made a motion to approve the minutes. Member Marin seconded and the motion carried. 2. CITIZEN INPUT None at this time. 3. CONTINUATION OF A PUBLIC HEARING FROM THE MAY 23, 1989 REGULAR MEETING AS REQUESTED BY THE CITY OF THE COLONY THAT THE COMPREHENSIVE ZONING ORDINANCE #61 AND THE ZONING MAP OF THE CITY OF THE COLONY, TEXAS, BE AMENDED SO AS TO GIVE THE PROPERTY GENERALLY LOCATED IN THE SAMUEL E. HAYES SURVEY, ABSTRACT 648, MORE SPECIFICALLY; THE COLONY 31, BLOCK 113, LOTS 10, 11, 12 TO A DUPLEX CLASSIFICATION AND THE COLONY 31, BLOCK 113, LOTS 8, 9 AND BLOCK 112, LOTS 11, 12, 13 TO A SINGLE FAMILY 4 CLASSIFICATION. A CHANGE FROM GENERAL RETAIL CLASSIFICATION. Chairperson Foster asked for a motion to continue the Public Hearing. Vice- Chairperson Doss so moved. Member Vanderburg seconded and the motion carried. At this time, Bob van Til, Administrative Staff Planner, made a statement: On May 23rd of this year the City made a request to the Commission to rezone Chowning Circle to Single Family from General Retail. The reason for this re- quest was the use of this property was not compatible with General Retail, which was zoned General Retail in 1978. This was basically illegal, non- conforming use of this property and was in violation of the City Code. The so- lution that the City sought at the time was to rezone the property from Gener- al Retail to 2 residential zones. As requested in the past, both non-conform- ing uses of the property resolved violation of zoning. We had some resistance in the process. The City kept in touch with the City attorneys prior to the Public Hearing and during the process, to get their legal opinion as to what the liability would be for the City. We had two options: (1) to rezone the property (2) offer the owners a letter of understanding or agreement with the information. The Commission made a motion to continue the Public Hearing so that the letter could be prepared and let the staff be aware. The letter has explained the limitations of the usage of the property. For instance, non- residential zoning would not allow the property owners to receive building permits. To make sure the property owners understood by signing this letter. Letters were delivered to the city on the 7th of June and hand delivered to the residents of Chowning Circle and one faxed to a property owner. Property could remain zoned General Retail only if they clearly indicated to the City that they understood the limitation of the zoning not being compatible to the use of the resident's property. Signing the letter would indicate to the City that the residents understood all restrictions applied to them, if the City did not rezone the property. Consequently, the staff recommended to the Commissioners that the residents on Chowning Circle who have signed the letter, recommend to the City Council that the property remain General Retail. Seven letters were sent out, five letters were returned, three of those from Ricco owned properties. Mr. Hill, with the City Attorney's office, is with us tonight with another option. Page 2 Mr. John Hill 3527 University Dallas, Texas Because this property was zoned prior to construction, it is in fact illegal and non-conforming use. The City recommended leaving it General Retail. The City could not issue any kind of building permits for additions, etc., if this property was zoned General Retail. The City had two options: (1) leave zoned General Retail (2) make the property conforming - rezone to a residen- tial district, the City would have the authority to issue permits to them. The City of the Colony has the same power as the Texas Legislature, except where the Legislature has restricted the City. Example: if the City annexed a piece of property illegally, that would fall under the jurisdiction of the Legislature. The Legislature can say The Colony did this illegally, but they could validate it and say it was a lawful act. With the same respect to zon- ing, a City has complete control over rezoning in the City limits. The 3rd option is: for the C{ty of The Colony to declare an illegal, invalid, conforming use exists today on Chowning Circle and declare it to be valid. The homeowners could continue to have the same rights as other homeowners in The Colony for permits and still remain General Retail. There is a negative side, a neighbor could open up a retail store next to them, if the site plan was approved. Member Owens asked, "The City Council can make this conforming uses in General Retail and Residential? If the owner sells as General Retail, the buyer comes before the City Council or Planning & Zoning Commission to be approved and meet criteria?" M~ Hill answered, "Any site plan to develop tract as General Retail has to be approved." Chairperson Foster stated, "The City Council, as the legislative party, can declare their homes to leave as General Retail and declare conforming valid uses and residential, if something does happen, they still have residential rights. But General Retail still comes before the Planning & Zoning Commis- sion." After a short discussion, Vice-Chairperson Doss stated he was not convinced the City Council can change an illegal, non-conforming to conforming without a change in the zoning itself. The discussion continued with the following persons and their comments: Nanette Ricco 4708 Chowning Circle The Colony, Texas "Will we get this in writing?" Mr. Hill, "Yes maam, it will be in an ordinance." Leslie Shaw 4713 Chowning Circle The Colony, Texas It is not illegal, yet it is non-conforming, but since I did not zone the property that way, there should be some kind of law to leave it General Retail. Chairperson Foster polled the residents present as to their feelings on this new option. Mr. & Mrs. Shaw - preference is to leave it all General Retail. Mr. & Mrs. Hervey, 4715 Chowning Circle - leave it as conforming General Re- tail. Nanette Ricco - I would go for the third option. Ms. Ricco also stated, that in reference to the middle paragraph of the letter: our insur- ance would not respond if we did not restore our structure, nor would they pay for demolition, but the mortgage company would hold us liable for our payment. It's just not fair. Nanette Ricco stated her father would prefer the last option. A short discussion followed. With no questions for the Commission or citizens, Chairperson Foster asked for a motion to close the Public Hearing. Vice-Chairperson Doss so moved. Member Owens seconded. The motion carried. Page 3 4. REVIEW AND CONSIDERATION OF A REQUEST MADE BY THE CITY OF THE COLONY TO HAVE THE COMPREHENSIVE ZONING ORDINANCE #61 AND THE ZONING MAP OF THE CITY OF THE COLONY AMENDED SO AS TO GIVE PROPERTY GENERALLY LOCATED IN THE SAMUEL E. HAYES SURVEY, ABSTRACT 648, MORE SPECIFICALLY; THE COLONY 31, BLOCK 113, LOTS 10, 11, 12 TO A DUPLEX CLASSIFICATION AND THE COLONY 31, BLOCK 113, LOTS 8, 9 AND BLOCK 112, LOTS 11, 12, 13 TO A SINGLE FAMILY 4 CLASSIFICATION. A CHANGE FROM GENERAL RETAIL CLASSIFICATION. Chairperson Foster asked if there were any recommendations. Vice-Chairperson Doss stated~ again, he was very resistant to the City reforming use and still believes non-conforming. Chairperson Foster asked Mr. Hill if other cities had done this. Mr. Hill stated the City of Grapevine rezoned the entire city and Trophy Club had done the same thing. Member Owens made a motion not to change the property generally located in the Samuel E. Hayes Survey, Abstract 648, more specifically; The Colony 31, Block 113, Lots 10, 11, 12 to a Duplex Classification and The Colony 31, Block 113, Lots 8, 9 and Block 112, Lots 11, 12, 13 to a Single Family 4 Classification from a General Retail Classification, but ask that the City Council consider adopting the option the City Attorney presented to us tonight. The option be- ing: for the City of The Colony to declare an illegal, invalid, non-conforming use exists today on Chowning Circle and declare it to be valid. The homeowners would continue to have the same rights as other homeowners in The Colony for permits and still remain General Retail. Member Marin seconded the motion and it carried with the following roll call vote: Bob Doss: No; James Vanderburg: Yes; Roy Marin: Yes; Billy Owens: Yes; Agnes Foster: Yes. 5. GENERAL DISCUSSION A. CHAIRMANSHIP OF THE COMMISSION. Need to consider yourself or another person before the next meeting to put the name on the agenda, for Chairperson. B. UPDATE ON THE PROPOSED L.I.S.D. ELEMENTARY SCHOOL. Primary issues: widening of Ethridge, extension and widening of North Colony, elimination of Sparks Road, and the utilities(water & sewer). C. UPDATE ON PROPOSED LANDSCAPE ORDINANCE. Member Vanderburg, Member Marin, Kip Milliron and Bob van Til are com- paring ordinances of other cities. Putting a rough draft together now. Should have final draft soon. With no further business, Chairperson Foster asked for a motion to adjourn the meeting. Member Vanderburg so moved and Member Marin seconded. The motion carried with all Members voting aye. Meeting adjourned at 8:40 p.m. ~.~"? Ag~f~ Foster, Ch--airperson Kay ~or~l~s, Recording Secretary 767 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JUNE 27, 1989 The REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Agnes Foster Chairperson Robert Doss Vice-Chairperson Lewis Jue Member Dewayne Snider Member James Vanderburg Member with Members Marin and Owens absent, however, a quorum was established. Also in attendance were Rick Harris, Councilman; Dick Weaver, Council- man; Tommy Turner, Public Works Director; Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE JUNE 13, 1989 REGULAR MEETING. Vice-Chairperson Doss made a motion to approve the minutes. Mem- ber Vanderburg seconded and the motion carried. 2. CITIZEN INPUT Dick Weaver 4940 Hackney The Colony, TX Rick Harris is now liaison for the City Council. From now on I am simply a citizen the same as any other citizen. Chairperson Foster thanked Mr. Weaver for his input and criticism. Chairperson Foster introduced Councilman Rick Harris as the new liaison. Mr. Harris stated that he does not usually come to meetings unless specifically asked to attend, because he wants the Commission to act independently of the City Council and not be influenced by the City Council. I will attend occasionally, but not all the time un- less you have a purpose for my presence. Such as not understanding an approval of a site plan by the City Council, before it has come to Planning & Zoning. As liaison for the City Council, I will be here to answer any questions, but not to direct you. 3. NOMINATION AND ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON OF THE PLANNING AND ZONING COMMISSION. Vice-Chairperson Doss nominated Member Vanderburg as Chairperson and Agnes Foster as Vice-Chairperson. Member Snider seconded the nomination. Both accepted the nomination. The motion carried with all Members voting aye. 4. INTRODUCTION OF MR. LEWIS JUE, RECENT APPOINTEE TO THE PLANNING AND ZONING COMMISSION. Member Jue told the Commission a little about himself. He was born and raised in Houston, received a Mechanical Engineering Degree from Texas A&M and was an engineer for 12 years, he is currently a State Farm Insurance Agent. Each Member proceeded to tell Member Jue a little about themselves. 5. WORK SESSION: A. L.I.S.D. Elementary School Site For the benefit of Member Jue, as a new Member of the Commis- sion, Bob van Til explained the new school site plan. The major issues the School District had to confront were: the widening of Ethridge and extending N. Colony to the west; as well as the drainage, which was redesigned to go west; and the water and sewer. A short discussion followed. Chairperson Foster asked if there was any General Discussion. None at this time. With no further business, Chairperson Foster asked for a motion to ad- journ the meeting. Vice-Chairperson Doss so moved and Member Snider seconded. The motion carried with all Members voting aye. Meeting adjourned at 8:20 p.m. AgneB ~oster, C~airperson Kay ¢Co~les, Recording Secretary 703 CITY OF THE COLONY DENTON COUNTY, TEXAS OCTOBER 5, 1989 TO ALL INTERESTED PERSONS: Notice is hereby given of a REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, to be held on October 10th, 1989, at City Hall, 5151 N. Colony Blvd., at 7:30 p.m. at which time the following items will be discussed: 1. Approval of the minutes from the June 27, 1989 meeting. 2. Citizen input. 3. Review and consideration of a final plat as requested by Fox and Jacobs (dba Centex Homes), of a 23.525 acre tract out of the D.C. Bridges Survey, Abstract 84 and R.P. Hardin Survey, Abstract 611; a 95 lot subdivision known as Northpointe Phase III. 4. Work session to discuss proposed amendment to the Code of Ordinances of the City of The Colony, Appendix A-Zoning, Section 17-104, re- lating to landscaping plans for a site plan. CERTIFICATION I do hereby certify that the above notice of meeting was placed on the posting board outside of City Hall prior to 5:00 p.m. on the 6th day of October, 1989.~/ ~'~ /~~ /~-~/" '~-J3 Patti Hicks, City Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON OCTOBER 10, 1989 The REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: James Vanderburg Chairman Agnes Foster Vice-Chairperson Lewis Jue Member Robert Doss Member Dewayne Snider Member Roy Marin Member with Member Owens absent, however, a quorum was established. Also in attendance were Dick Weaver, Councilman; Truman Edminster and Terry Mitchell of Dannenbaum; Tom Houser of Fox & Jacobs; Jeff Ball, The Colony Leader; Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM THE JUNE 27, 1989 REGULAR MEETING. Member Doss made a motion to approve the minutes. Vice-Chairper- son Foster seconded and the motion carried. 2. CITIZEN INPUT None at this time. 3. REVIEW AND CONSIDERATION OF A FINAL PLAT AS REQUESTED BY FOX AND JACOBS (dba CENTEX HOMES), OF A 23.525 ACRE TRACT OUT OF THE D.C. BRIDGES SURVEY, ABSTRACT 84 AND R.P. HARDIN SURVEY, ABSTRACT 611; A 95 LOT SUBDIVISION KNOWN AS NORTHPOINTE PHASE III. Bob van Til: You may recall this is the 3rd of 4 phases for the proposed Northpointe subdivision. The final plat was approved in December 86, Phase I approved in February 88 and Phase II approved in April 89, for a total buildout of approximately 434 homes. The preliminary plat had some items that concerned us, most of these have been worked out. We are primarily concerned with the following items: 1. Traffic impact on Turner and N. Colony 2. Screening 3. Landscaping Fox & Jacobs provided all the necessary notations and the require- ments we have asked for, I see no problem with the company provid- ing these requirements at this time. The third phase has gone smoothly. There were some minor details, these were taken care of on the plat and the plat does meet our criteria and requirements. Staff recommends approval. One item is an alley on the west side of the plat located outside the boundaries of the plat. The devel- oper proposed to file under a separate document which needs to be checked by the City Council as well as the plat. With the alley being dedicated to the City, it will not propose any problems to the City as far as keeping track of records in the future (as clearly cross referenced on the plat as to volume and page). I have no problems in passing this on to the Council. Vice-Chairperson Foster asked how many homes are to be built? Van Til answered 434. Foster inquired as to how many have been built to this date? Truman Edminster of Dannenbaum stated 130 in Phase I and 95 in Phase II. Van Til stated that an elaborate study related specifically to the traffic impact on Turner and N. Colony was done by DeShazo, Stark & Tang, when the plat was filed. The study showed we would not need signalization until the turn of the century. Member Doss wanted to know if there would be any kind of a fence between the drainage easement(on the southwest side of the project) and the alley behind the homes? Van Til stated no fences except the ones behind the homes. 77i Member Doss asked then there will be no fence between the alley and the existing drainage channel? Terry Mitchell of Dannenbaum, stated it has a curb on the channel side of the alley, no fence, similar to the one in Phase I. Vice-Chairperson Foster asked what size homes are these going to be? Tom Houser of Fox & Jacobs, stated they would be building basically the same size houses as in Phase I & II, an average size of 1800 sq. ft. Vice-Chairperson Foster wanted to know the approximate number of homes with 1800 sq. ft. Mr. Houser said I can't tell you an exact number, I guess 18-19 homes on the average, similar to Phase I & II. Chairman Vanderburg asked if the drainage easement was going to be earth or cement? Terry Mitchell of Dannenbaum stated the channel was improved, re- graded, grassed and hydro-mulched in Phase I. Vice-Chairperson Foster asked are you supposed to put up some type of wall? Terry Mitchell of Dannenbaum stated as far as we know Steve is going to use the same type of wall as used in Phase I parallel to N. Colony. With no further questions, Member Doss made a motion to approve the plat as requested by Fox & Jacobs, contingent on the separate document being cross referenced by volume and page on the plat. Vice-Chairperson Foster seconded the motion and it carried with all Members voting aye. 4. WORK SESSION TO DISCUSS PROPOSED AMENDMENT TO THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, APPENDIX A-ZONING, SECTION 17-104, RE- LATING TO LANDSCAPING PLANS FOR A SITE PLAN. Bob van Til stated that he decided to put this item into a Work Session due to the fact that it will change (The Colony) zoning laws. Roy Marin, James Vanderburg, Kip Milliron and myself have been working on this ordinance for about 4 - 5 months. This has required a lot of research and understanding of the law. It is important that we have some type of control of landscaping in our City. As an interim step, I am proposing that we amend Section 17-104 in the site plans requiring the zoning code to include TH, MF 1,2,3,4, PH, 01,02, NS, SC, GR, LC, HC, I and BP districts, all these zonings require some type of site zoning. And under the proposed amendment it would give us the authority to require some type of landscaping plans be submitted. This is an interim step I would like to take before the overall ordinance is written. The ordinance will encompass more comprehensive landscaping require- ments, such as standards for trees, planting trees, density of trees, everything you can expect to find in the progressive land- scaping ordinance. As you can see in Section 17-104, it states that all yard setbacks, parking areas, service and recreational areas shall be landscaped with lawns, trees, shrubs, and other plant materials and shall be permanently maintained in a neat and orderly manner. This will do until we get the Ordinance com- pleted, which will probably be early next year. A discussion followed as to whether there would be a list of trees, shrubs and flowers that grow well in our area. Van Til stated there would be a list. A discussion followed. With no further business Chairman Vanderburg asked for a motion to ad- journ the meeting. Member Doss so moved and Vice-Chairperson Foster seconded. The motion carried with all Members voting aye. Meeting adjourned at 8:25 p.m ~ames Vanderburg, Chairman Kay'-Co/r&le~,-Recording Secretary 772 CITY OF THE COLONY DENTON COUNTY, TEXAS OCTOBER 20, 1989 TO ALL INTERESTED PERSONS: Notice is hereby given of a REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, to be held on October 24th, 1989, at City Hall, 5151 N. Colony Blvd., at 7:30 p.m. at which time the following items will be discussed: 1. Approval of the minutes from October 10, 1989 meeting. 2. Citizen input. 3. Work Session: Site plan approval procedure. THIS MEETING WAS NOT CALLED TO ORDER DUE TO LACK OF A QUORUM. Kay 'Co~les, Record[n-g Secretary CERTIFICATION I do hereby certify that the above notice of meeting was placed on the posting board outside of City Hall~rior to 5:00 p.m. on the 20th day of October, 1989.~_~.~.! ~~~9 ~a~i-Hicks, City Secretary 773 CITY OF THE COLONY DENTON COUNTY, TEXAS OCTOBER 26, 1989 TO ALL INTERESTED PERSONS: Notice is hereby given of a SPECIAL SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, to be held on October 31st, 1989, at City Hall, 5151 N. Colony Blvd., at 7:30 p.m. at which time the following items will be discussed: 1. Review and consideration of an 11.2 acre site plan as requested by the Lewisville Independent School District for the construc- tion of an elementary school district; located on the northwest corner of North Colony Blvd. and Ethridge Drive. 2. Work Session: Site plan approval procedure. CERTIFICATION I do hereby certify that the above notice of meeting was placed on the posting board outside of City Hall prior to 5:00 p.m. on the 27th day of October, 1989. '~~' J -/~'~C~ Patti Hicks, City Secretary 774 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON OCTOBER 31, 1989 A SPECIAL SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: James Vanderburg Chairman Agnes Foster Vice-Chairperson Billy Owens Member Lewis Jue Member Robert Doss Member Roy Marin Member Dewayne Snider Member a quorum was established. Also in attendance were Steve Gilbreth, Civil Engineer for L.I.S.D.; Monte Zajicek, L.I.S.D. architect; Dick Weaver, Councilman; Bill Hall, City Manager; Bob van Til, Administra- tive Staff Planner; Tommy Turner, Director of Public Works; Kay Cor- rales, Recording Secretary; at which time the following items were discussed: 1. REVIEW AND CONSIDERATION OF AN 11.2 ACRE SITE PLAN AS REQUESTED BY THE LEWISVILLE INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUC- TION OF AN ELEMENTARY SCHOOL DISTRICT; LOCATED ON THE NORTHWEST CORNER OF NORTH COLONY BLVD.. Bob van Til made some comments as to the background of the case. There were some offsite as well as site improvements. There were three basic offsite requirements: a. To expand Ethridge from the north part of the site to North Colony expanded to a 60 ft. right of way, 4 lanes undivided. b. To expand and extend North Colony to the west, this would be expanded to a 80 ft. right of way, 4 lanes undivided. c. To extend a 12 inch water line across the southern corner of Ethridge to the very western edge of the site. Some of the major issues we (the City)w~e dealing with on this site were drainage and the alignment of North Colony Blvd.. a. Drainage was a very critical issue primarily because some of the existing drainage is overloaded and could not handle any more storm drainage. Drainage for the most part has been addressed and staff feels comfortable with the site plans presented tonight. b. The alignment of North Colony Blvd. related to the original offsite improvements by the Corp of Engineers. The Corp of Engineers is now constructing a new alignment to Sparks Road through Stewarts Creek Park. This will place the termination point further to the east than we had originally planned on. At this time Bob introduced Steve Gilbreth and Monte Zajicek from L.I.S.D. Bob van Til mentioned to the Commissioners that all the requirements normally requested have been addressed and do meet City standards. Vice-Chairperson Foster asked if the three pre-requisitions made initially have been satisfied? Bob van Til stated yes. Vice-Chairperson Foster stated with the offsite drainage prob- lems, how does the drainage relate to future additions? Mr. Gilbreth of L.I.S.D. stated that the offsite drainage has been designed for open development. The architects are making stubs for the future(additions). Vice-Chairperson Foster asked: Bob, you said whatever action we take tonight this will not come back to the Planning & Zoning Commissioners, will it basically be up to staff or engineers to make sure this drainage problem meets City standards? Bob van Til stated the only thing we have outstanding with drainage is a y-inlet and sizing of storm drains on the site. Vice-Chairperson Foster asked, does the Building Official approve this also? 773 Bob van Til stated yes. After Planning & Zoning approves a site plan, it goes to Council. Any engineering items outstanding, the building official, Water and Wastewater Depts. make sure these are taken care of and they supervise the construction o~ any utilities put in. A discussion followed. With no further questions, Vice-Chairperson Foster made a motion to approve the site plan as requested by the Lewisville Indepen- dent School District, contingent upon staff engineer and the In- _ spection Dept. approval and that it is up to standards of The Colony Construction Design Manual. Member Doss seconded the mo- tion and it carried with all Members voting aye. 2. WORK SESSION: SITE PLAN APPROVAL PROCEDURE. Bob van Til stated he would like to bring the Commissioners up to date on site planning changes. I am not intending to change any text in the ordinance, but I do intend to eliminate time con- suming action in the plan approval process. We need to get back to the basics and stress the conceptual site plan. You will find in Section 17, Appendix A, Zoning Section of the Code Book, what is expected of the Planning & Zoning Commissioners, Conceptual planning is all that is required. Need to emphasize WHAT as opposed to HOW. I want to re-emphasize this is not any thing new, it is clearly outlined in the Code Book. This will bring us back to basics and not slow us down. Bob van Til went over each page separately(these were in'the Commissioners packets) to make sure the Commissioners understood how the site plan process works. Mr. Hall made several statements in regard to evolution of the site plan process and in his part of "getting back to basics". So it's an evolved project to where we were, with one exception, 3 or 4 years ago we did not have the level of expertise we have now. Policies and procedures have also changed. A short discussion followed. Member Owens stated this is great and this is the way it should have been all along. With no further business Member Owens made a motion to adjourn the meeting and Vice-Chairperson Foster seconded. The motion carried with all Members voting aye. Meeting adjourned at 9:10 p.m. '~gh;s Fos~erF'~ice Chairperson Kay co,ales, Recording Secretary 77 CITY OF THE COLONY DENTON COUNTY, TEXAS NOVF2~ER 9, 1989 TO ALL INTERESTED PERSONS: Notice is hereby given of a REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas, to be held on November 14th, 1989, at City Hall, 5151 N. Colony Blvd., at 7:30 p.m. at which time the following items will be discussed: 1. Approval of the minutes from the October 10, 1989 and October 31, 1989 meetings. 2. Citizen input. 3. PUBLIC HEARING as requested by the City of The Colony, to amend Appendix A-Zoning, Section 17-104, relating to the landscaping requirements of site plans. 4. WORK SESSION: Future development of portions of Wynnwood Peninsula. CERTIFICATION I do hereby certify that the above notice of meeting was placed on the posting board outside of City Ha~prior to 5:00 p.m. on the 10th day of November, 1989.~~~H j/ ~ .t~~S~t Patti icks, Ci y ecre ary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON NOVEMBER 14, 1989 The REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Texas was called to order at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., with the following Members in attendance: Billy Owens Member Lewis Jue Member Robert Doss Member Agnes Foster Vice-Chairperson Dewayne Snider Member with Chairman Vanderburg and Member Marin absent, however, a quorum was established. Also in attendance were Lynn Myer of Paul S. Un- zicker; Rusty Nichols and Art Anderson representing Nichols Trusts; Bobby Strief and Tommy Bain representing the Strief Capitol Corpor- ation; George Blunski, Club Corp. of America; Bill Hall, City Mana- ger; Dick Weaver, Councilman; Rick Harris, Councilman, Bob van Til, Administrative Staff Planner; Kay Corrales, Recording Secretary; at which time the following items were discussed: 1. APPROVAL OF THE MINUTES FROM OCTOBER 10, 1989 AND OCTOBER 31, 1989 MEETINGS. Member Doss made a motion to approve the minutes of October 10, 1989. Member Owens seconded and the motion carried. Member Doss made a motion to approve the minutes of October 31, 1989. Member Jue seconded and the motion carried. 2. CITIZEN INPUT None at this time. 3. PUBLIC HEARING AS REQUESTED BY THE CITY OF THE COLONY, TO AMEND APPENDIX A-ZONING, SECTION 17-104, RELATING TO THE LANDSCAPING REQUIREMENTS OF SITE PLANS. Member Doss made a motion to open the Public Hearing. Member Snider seconded and the motion carried. Bob van Til reviewed the work being done on the Landscaping Ordinance. We have been working on the ordinance for the past few months and hopefully it will be ready by the end of this year. Until that time we need an interim step to enhance the present landscaping requirements. I recommend a small amendment be made to the existing code as follows: that Section 17-104 be amended to include, specifically, MF 1,2,3,4, PD, P, 01, 2, NS, SC, GR, LC, HC, I and BP districts. This way when the site plans are presented for any of the above listed districts, a site plan with landscaping must be included before approval can be obtained. A short discussion followed. With no further questions, Member Owens made a motion to close the Public Hearing. Member Snider seconded and the motion carried. 4. WORK SESSION: FUTURE DEVELOPMENT OF PORTIONS OF WYNNWOOD PENINSULA. Lynn Myer stated that the development of Wynnwood Peninsula is a great potential for the owners, CCA and the City of The Colony. Mr. Myer showed slides of the land to be developed and maps of the proposed Planned Development. Mr. Myer said that the con- ceptual plan includes 468 acres to be zoned Planned Development. Mr. Myer spoke on the following items: the square footage of the homes to be built; the lot sizes; sites for a possible school and church; a 9 hole private golf course and a 18 hole public golf course(18 hole built on Corp land if a lease agreement is worked out with the Corp, these courses will be on the flowage easement); retirement housing; possible resort lodging; country club and the flexibility to transfer density. A discussion followed. With no further questions, Member Owens made a motion to adjourn. Member Snider seconded and the motion carried. Meetin~g adjourned at 9:00 p.m. ....... ~n,~i~ ~oster, ~ce-Chairperson Ma~ Co~ale~,'Reco~ding Secretary CITY OF THE COLONY DENTON COUNTY, TEXAS NOVF~BER 16, 1989 TO ALL INTERESTED PERSONS: Notice is hereby given of a JOINT MEETING of the Planning and Zoning Commission and the City Council of the city of The Colony, Texas, to be held on November 20th, 1989, at City Hall, 5151 N. Colony Blvd., at 7:30 p.m. at which time the following items will be discussed: 1. PUBLIC HEARING as requested by the Nichols Trust and Strief Capitol Corporation to have the comprehensive zoning ordinance %61 and the zoning map of the city of The Colony, Denton County, Texas, amended so as to give properties generally located on Wynnwood Peninsula and described as being in the BBB and CCR sur- vey, Abstract 182, containing 187 acres and 182.79 acres; and be- ing in the Thompson D. Luckett Survey, Abstract 752, containing 54.3 acres and 42.9 acres, a zoning change from an Agricultural District to a Planned Development District for SF-3, SF-4, MF-3, school church and recreational facilities. 2. Review and consideration regarding the above listed item. CERTIFICATION I do hereby certify that the above notice of meeting was placed on the posting board outside of City Hall prior to 5:00 p.m. on the 16th day of November, 1989. Patti Hicks, City Secretary