HomeMy WebLinkAbout1985 P&Z MINUTES OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON JANUARY 8, 1985
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. with the following members present:
Robert Fiumara Chairman
Tom Cravens Member
David Dye Member
Earl Brantley Member
Bruce Sopas Member
Harvey Bradley Member
and with Member Warmack absent; however a quorum was established. Director of
Community Services, Steven A. Reed, and Building official, Eric Stanton, were
also present.
2. APPROVAL OF MINUTES.
Member Cravens made a motion to approve the minutes of November 13, 1984.
Seconded by Member Sopas, the motion was approved by the following vote:
Abstain: Members Dye and Bradley
Ayes: Members Fiumara, Cravens, Brantley, and Sopas
Noes: None
Member Sopas made a motion to approve the minutes of November 26, 1984. Seconded
by Member Brantley, the motion was approved by the following vote:
Abstain: Members Dye and Bradley
Ayes: Members Fiumara, Cravens, Brantley and Sopas
Noes: None
1. CITIZEN INPUT
Jeff Small, 5652 Tucker, inquired about the Northeast Planning Unit. Mr. Reed
stated that Fox & Jacobs has not resubmitted anything to the City yet.
3. CONSIDERATION OF APPROVAL OF PRELIMINARY AND FINAL PLAT AND SITE PLAN FOR
THE HOLY CROSS CATHOLIC CHURCH.
At this time, Chairman Fiumara asked staff to bring the Commission Members up to
date. Building Official, Eric Stanton, stated staff had reviewed the plans and
had the four following concerns:
1) The fire lane ordinance requires paving on all fire
lanes and a 40 ft. radius on all corners within a
fire lane. The site plan shows gravel in the
fire lane and shows only a 15 ft. radius for corners
in the parking lot. Also, the fire lane must extend
from the street to the turn-around.
2) Gravel is not acceptable for future parking.
3) No formal drainage plan was submitted (other than
contour lines).
4) Landscape irrigation details not shown.
Chairman Fiumara then asked if there were any representatives from the church to
give a presentation. Jerry Larrumbide, 5608 Perrin, and John Gordon, 5116 Brand-
enburg Lane, were both present, as well as John Hall Brown~ Sr., architect for
the church. They presented a copy of their Master Plan for the first phase of the
church as well as showed proposed future additions. Discussion followed, afterwhich
Chairman Fiumara stated that staff had recommended approval and asked for a motion.
Member Cravens made a motion to approve the preliminary and final plat and site plan
for the Holy Cross Catholic Church as presented subject to the engineering plans
being presented to the Commission first. Mr. Reed and Mr. Stanton~ stated that
engineering plans were not a condition for plat approval. Mr. Stanton added that
a complete set of plans in their final form will have to be presented to the
Inspection Department and reviewed prior to the Holy Cross Catholic Church obtaining
a building permit. Discussion followed afterwhich Member Cravens withdrew his motion.
More discussion followed regarding the requirements for plat approval, afterwhich
Member Sopas made a motion to approve the preliminary and final plat and site plan
for the Holy Cross Catholic Church as presented with the stipulation that a
developer's contract be drawn up showing the proper paper work is on file with
the City prior to the building permit being issued, and that the 4 concerns as stated
above by the staff are taken care of. Seconded by Member Bradley, the motion was
o
approved by the following vote:
Ayes: Members Brantley, Fiumara, Sopas, an~ Bradley
Noes: Members Cravens and Dye
4. REVIEW AND DISCUSSION OF DRAFT BROCHURE FOR BUSINESS PARK ZONING DISTRICT
REGULATIONS.
Member Cravens made a motion to table this item to the next regular scheculed
meeting in order to have additional time to review the draft procedure for
Business Park Zoning District regulations. Seconded by Member Brantley, the
motion was passed by the following vote:
Ayes: All members present voted aye
Noes: None
5. REVIEW AND DISCUSSION OF CHANGES TO RESIDENTIAL ZONING ORDINANCES.
Members discussed having a brick requirement on multi-family dwellings. It
was discussed amending the present ordinance to add a 2 hour fire rating on
walls, however Mr. Stanton stated that the new 1985 building codes will be
coming out sometime this spring and he would rather wait until that time to
see how the new codes read. Discussion followed, and staff was directed to
include the Bonus Plan on the next agenda.
There being no further discussion, the meeting was adjourned at 9:05 p.m.
Robert F~umara, Chairman
..... Secretary
B~p, Commission
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
JANUARY 18, 1985
TO ALL INTEt~STED 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 22nd day
of January, 1985, at 7:30 p.m. at City Hall located at 5576 North Colony
Boulevard, at which meeting the following will be discussed:
1. Approval of minutes.
2. citizen Input.
3. Consideration of approval of preliminary plat by the Southland Corporation
on a .0825 acre tract of land located at S. Colony Boulevard and FM 423.
4. Review and discussion of residential density bonus plan and residential
zoning ordinances.
5. Review and discussion of Business Park Zoning brochure.
CERTIFI CATE
I hereby certify that the notice of meeting was placed on the front door
of City Hall on the 18th day of Januarv. 1985 at 5:00 p.m.
Janet ~d, 'City ~ecretary '
MINUTES OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON JANUARY 22, 1985
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. with the following members present:
Robe rt Fiumara Chairman
Harvey Bradley Member
John Warmack Member
David Dye Member
and with Members Cravens, Sopas, and Brantley absent; however a quorum was estab-
lished. Building Official, Eric Stanton was also present.
1. APPROVAL OF MINUTES.
Member Dye made a motion to approve the minutes of January 8, 1985. Seconded by
Member Bradley, the motion was approved by the following vote:
Ayes: Ail members present voted aye
Noes: None
2. CITIZENS INPUT.
N one.
3. CONSIDERATION OF APPROVAL OF PRELIMINARY PLAT BY THE SOUTHLAND CORPORATION ON
A .0825 ACRE TRACT OF LAND LOCATED AT S. COLONY BOULEVARD AND FM 423.
At this time, Chairman Fiumara turned the meeting over to Eric Stanton. Mr. Stanton
stated that Southland Corpoartion had requested preliminary plat approval on a lot
located at the northeast corner of Main Street (FM 423) and S. Colony Boulevard.
At the time we were writing a memo, the plat was being revised to show the pre-
liminary design of water and sewer and drainage system. After staff review, there
were no other comments. There was a letter received from Mr. Bill Hall, District
Manager of The Colony Municipal Utility District which is attached.
Gary Fullington, representative from Southland Corporation, was present to answer any
questions from members. He stated that Southland Corporation plans to erect a 7-11
and a Chief Auto Parts Store at this location. Discussion followed, after which the
following concerns were noted by the Members: 1) approach distance on 423 from
curb line intersection, 2) drainage, 3) having the dumpster shown in the middle of
the parking lot arranged more attractively, with perhaps some kind of landscaping
around it.
A motion was made by Member Dye to approve the preliminary plat by the Southland
Corporation on a .0825 acre tract of land located at S. Colony Boulevard and FM 423
with the stipulation that the above concerns are taken care of when the final plat
and site plan are brought back before the commission. Seconded by Member Warmack,
the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
4. REVIEW AND DISCUSSION OF RESIDENTIAL DENSITY BONUS PLAN AND RESIDENTIAL ZONING
ORD INAN CE.
Member Warmack brought Members Dye and Bradley up to date on what the Commission has
been working on over the past year on the residential density bonus plan and the
residential zoning ordinance. This item was then tabled for further review until the
next regularly scheduled meeting since 3 members were absent this evening.
5. REVIEW AND DISCUSSION OF BUSINESS PARK ZONING BROCHURE.
The members reviewed the Business Park Zoning Brochure and had no major concerns.
It was suggested that when it is printed in its final form that a Table of Contents
and illustrations be added.
There being no further discussion, the meeting was adjourned at 9:00 p.m.
Robert Fiumara, Chairman
Beverly Nopp, Commission Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
FEBRUARY 7, 1985
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 12th
day of February, 1985, at 7:30 p.m. at City Hall located at 5576 North
Colony Boulevard, at which meeting the following will be discussed:
1. Approval of minutes.
2. Citizens Input
3. Consideration of approval of final plat and site plan by the Southland
Corporation for a .0825 acre tract of land located at South Colony
Boulevard and FM 423.
4. Consideration of site plan by the Colonial Baptist Church located
at 6400 Paige Drive.
5. Consideration of preliminary plat by Dale C. Bullouch and Associates
for 8.7 acres tract of land located at the northwest corner of Main and
North Colony Boulevard.
6. Review and discussion of residential density bonus plan and residential
zoning ordinances.
7. Review and discussion of the state's Minimum Standards for Registered
Homes for child care.
8. Consideration of proposed street light policy.
CERTIFICATE
I hereby certify that the notice of meeting was placed on the front door
of City Hall on the 8th day of February, 1985 at 5:00 p.m.
Jane~cfd-, City ~ecretary
MINUTES OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON FEBRUARY 12, 1985
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. with the following members present:
Robert Fiumara Chairman
Tom Cravens Member
David Dye Member
Earl Brantley Member
Bruce Sopas Member
Harvey Bradley Member
and with Member Warmack absent, however a quorum was established. Director of
Community Services, Steven A. Reed, and Building Official, Eric Stanton, were also
present.
1. APPROVAL OF MINUTES.
Member Dye made a motion to approve the minutes of 1/22/85. Seconded by Member
Bradley, the motion was passed by the following vote:
Ayes: All members present voted aye
Noes: None
2. CITIZENS INPUT.
None.
3. CONSIDERATION OF APPROVAL OF FINAL PLAT AND SITE PLAN BY THE SOUTHLAND
CORPORATION FOR A .0825 ACRE TRACT OF LAND LOCATED AT SOUTH COLONY BOULEVARD
AND FM 423.
At this time, the meeting was turned over to Eric Stanton. Mr. Stanton read for
the record his memo of Feburary 6, 1985, which included the following recommendations
from the traffic officer and staff:
1. The approach off of South Colony be moved to the east boundary
of the property.
2. Only one approach be installed along Main Street beginning at
least 100 feet from South Colony.
With the exception of the above, staff found no problems with the proposed project;
however we do suggest that a letter from Stone Lewis agreeing to the proposed drain-
age routes be required before the project is presented to Council.
Gary Fullington, representative of Southland Corporation, was present to answer any
questions from members. He stated they would have no problems concerning staff's
recommendations on the approach along Main Street, however he did state that if they
moved the approach off of South Colony to the east boundary of the property, they might
have problems meeting the fire lane requirements. He requested that they be allowed
to move the approach only to the point that it would not affect the fire lane require-
ments. It was also noted that one dumpster has been eliminated from plans with some
type of landscaping planned around the one dumpster that will be there. Discussion
followed, after which Member Dye made a motion to approve the final plat and site
plan by the Southland Corporation for a .0825 acre tract of land located at South
Colony Boulevard and FM 423 subject to the adjustment of the two approaches, with
the approach off of S. Colony being moved close enough to the east boundary of the
property and not affecting the fire lane requirements, and also that a letter be
received from Stone Lewis agreeing to the proposed drainage routes being required
before the project is presented to Council. Seconded by Member Sopas, the motion was
approved by the following vote:
Ayes: All members present voted aye
Noes: none
4. CONSIDERATION OF A SITE PLAN BY THE COLONIAL BAPTIST CHURCH LOCATED AT
6400 PAIGE DRIVE.
After discussion, it was discovered that two different site plans had been sub-
mitted. Since there were no representatives present from Colonial Baptist Church,
this item was tabled until the next regularly scheduled meeting.
-2-
5. co si E A iO ALE C. ASSOCIATES
FOR 8.7 ACRES TRACT OF LAND LOCATED AT THE NORTHWEST CORNER OF MAIN
AND NORTH COLONY BOULEVARD.
At this time, the meeting was turned over to Eric Stanton. Mr. Stanton stated
that the applicants are proposing to build approximately 101,000 square feet of
retail buildings on this tract of land. During staff review, the only problem
was the actual location of the sanitary sewer was shown in the northwest corner
of the property and could not be verified. Staff recommends that this location
be verified through the M.U.D. District Office before final plat is brought to
the Commission. Also staff recommends that all water and sewer taps be re-
quired to be located in the fronts of all buildings.
In members packets are proposed cuts of the existing medians on North Colony
to facilitate the entrances and exits to the area and staff reviewed these
cuts and could see no problems with them.
Bert Elsey and Judy Oaks, representatives of Dale C. Bullouch and Associates,
were present to answ~any questions from Commission Members.
Member Cravens stated he was concerned that the two cuts in the median were too
close together for a left turn lane. Mr. Stanton stated that if you leave the
cuts, one or the other, you'll have to move the entrance. He further stated that
the site plan that was submitted was 110 parking spaces too short, so it is
anticipated that the area on the site plan that is noted Parcel Out, will be
kept instead of being sold so another parking area could be added to make up for
the difference in parking spaces.
Mr. Reed asked Mr. Elsey if when the medians are cut since there is an existing
sprinkler system in the median, would they b~ willing to repair the sprinkler
system when finished and Mr. Elsey replied they would.
There being no further discussion, Member Dye made a motion to approve the
preliminary plat by Dale C. Bullouch & Associates for 8.7 acres tract of land
located at the northwest corner of Main & North Colony Boulevard, with the stip-
ulation that the left turn lane be redesigned, the utility services be located
in front of the buildings, and that the sanitary sewer located at the northwest
corner of the property is verified by M.U.D. Seconded by Member Cravens, the
motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
At this time, Members took a 5 minute break.
6. REVIEW AND DISCUSSION OF RESIDENTIAL DENSITY BONUS PLAN AND RESIDENTIAL
ZONING ORDINANCE.
Chairman Fiumara turned the meeting over to Mr. Reed who stated that the commission
need to finalize everything on the residential ordinances. Discussion followed on
brick requirements on apartment buildings with the following recommendations:
1. 40% minimum brick requirements plus 1 hour fire rating on
each exterior wall, and
2. 1 hour fire rating on interior walls between each dwelling
unit up to the top of the roof with the roof having Class A
fire retardant materials.
Mr. Reed also stated to the members that the City does not have requirements
for manufactured homes and pre-fab homes. The City's attorney has advised
that we can establish a zoning district for these type of homes, as it is
presently, they can go in any single family area.
It was also discussed looking into having a single family classification
breakdown such as SF-1, SF-2, or SF-3. Members requested getting surrounding
city definitions of single family to discuss at the next regularly scheduled
meeting.
-3- 3C3
Chairman Fiumara inquired about parking requirements. Mr. Reed stated that
a draft ordinance had been received from the city's attorney. A meeting was
held with the attorneys approximately 3 weeks ago where some changes were
made to that draft, however it has not been received back from them yet. When
it is received, it will be coming back before Planning & Zoning for a public
hearing to approve it. Discussion followed.
Chairman Fiumara also inquired about paving the road to Stewart Creek Park.
Mr. Reed stated that the City is in the process of contracting with Denton
County to have the road paved since the City does not have the equipment to
do so.
7. REVIEW AND DISCUSSION OF THE STATE'S MINIMUM STANDARDS FOR REGISTERED
HOMES FOR CHILD CARE.
After discussion, it was decided to review these standards further and continue
with discussion at the next regularly scheduled meeting.
8. CONSIDERATION OF PROPOSED STREET LIGHT POLICY.
Members reviewed the Proposed Street Light Policy and stated it was a good
policy, however they would like to see some changes in the wording under Parks.
There being no further discussion, the meeting was adjourned at 10:00 p.m.
Robert Fiumara, Chairman
~everly Nope, Commfssion Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
FEBRUARY 21, 1985
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 26th day
of February, 1985, at 7:30 p.m., at City Hall located at 5576 North
Colony Boulevard, at which meeting the following will be discussed:
1. Approval of minutes.
2. Citizens Input.
3. Public Hearing for Specific Use Permit for alcoholic beverages on applica-
tion of Southland Corporation for the new 7-11 Store located at 5010 FM 423.
4. Public Hearing regarding amending Section 10-300 (12) pertaining to
private swimming pools.
5. Work Session with Fox & Jacobs.
6. Review and discussion of the state's Minimum Standards for Registered
Homes for Child Care.
CERTIFICATE
I hereby certify that the notice of meeting was placed on the front door of
City Hall on the 22nd day of Febru~at_ 51%0 p~ ~ ~
Jane~dd, City Secretary
MINUTES OF THE PLANNING AND ZONING COMMISSION~ ~
OF THE CITY OF THE COLONY
HELD ON FEBRUARY 26, 1985
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. with the following members present:
Robert Fiumara Chairman
Tom Cravens Member
David Dye Member
Earl Brantley Member
Harvey Bradley Member
Bruce Sopas Member
John Warmack Member
and with no members absent, thus a quorum was established. Director of Community Services,
Steven A. Reed, was also present.
1. APPROVAL OF MINUTES.
Member Sopas made a motion to approve the minutes of February 12, 1985. Seconded by
Member Bradley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
2. CITIZENS INPUT.
None.
4. PUBLIC HEARING REGARDING AMENDING SECTION 10-300 (12) PERTAINING TO PRIVATE SWIMMING
POOLS.
Member Sopas made a motion to open the public hearing. Seconded by Member Brantley, the
motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
At this time, the meeting was turned over to Mr. Reed who stated the City is proposing
revising the comprehensive zoning ordinance in such a way to allow swimming pools up to
3' off the property line of a lot. The City's current definition per the zoning ordinance
for a private swimming pool reads: "A swimming pool constructed for the exclusive use of
a resident of a single family, duplex, townhouse, or apartment dwelling located and fenced
in accordance with the standards and regulations of the City of The Colony. Such private
swimming pool shall not be operated as a business, nor maintained in any such manner as to
be hazardous or obnoxious to adjacent property owners, nor shall be constructed in the re-
quired front yard. Swimming pools may be located within the required side or rear yards,
however they shall not be located closer then 5' to any property line." It is not known
when the 5' requirement took affect. The old ordinance did indicate 3' however when the
City officially adopted the zoning ordinances about 18 months ago, the zoning ordinance for
swimming pools did include the 5' requirement and is the rule the City should have followed
since adopting the zoning ordinances. Since pools have been constructed in that time frame
that have been located closer than 5', as a housekeeping measure, and also to alleviate some
hardship on pool companies and homeowners, staff is recommending that the 5' requirement be
reduced to 3'
Chairman Fiumara then asked for any comments from the public. Lavelle Wiggins, 816 Redbird,
Irving, TX., of Blue Aqua Pools, stated he was for the recommended change from 5' to 3' off
the property line, adding his company has built pools in The Colony for over 7 years and
have over 50 pools in The Colony. As the lots in The Colony are small, his company has
built pools to within 3' of the property line. He further stated that they were recently
informed to follow the 5' requirement even though in the past they had been allowed to go to
within 3' of the property line and since the lots are so small, if the requirement' is not
changed, most lots would not be able to have a pool installed. To his knowledge the pools
that have been built to within 3 to 3~' of the property line have had no problems. He fur-
ther stated he has checked with surrounding cities on their requirements and only found one
city, Lewisville, that had the 5' requirement. All other cities required to within 3' or less.
There being no further input from the public or discussion by the Board members, Member
Fiumara made a motion to close the public hearing. Seconded by Member Sopas, the motion was
approved by the following vote:
Ayes: All members present voted aye
Noes: None
Member Sopas made a motion to approve the change allowing private swimming pools to be con-
structed to within 3' of the property line from the waters edge. Seconded by Member Bradley,
the motion was approved by the following vote:
Ayes: Ail members present voted aye
Noes: None
3. PUBLIC HEARING FOR SPECIFIC USE PERMIT FOR ALCOHOLIC BEVERAGES ON APPLICATION
OF SOUTHLAND CORPORATION FOR THE NEW 7-11 STORE LOCATED AT 5010 FM 423.
Member Brantley made a motion to open the public hearing. Seconded by Member
Bradley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
At this time, Chairman Fiumara asked for staff's recommendation. Mr. Reed stated
staff had no problems with the request.
Gary Fullington, representative from Southland Corporation, was present to answer
any questions.
Chairman Fiumara then asked for any public input. Jerry Kip, representing Stop 'N
Go, stated Stop 'N Go was against the request.
There being no further public input and no further discussion by Board members, Mem-
ber Cravens made a motion to close the public hearing. Seconded by Member Sopas,
the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Member Cravens then made a motion to approve the specific use permit for alcoholic
beverages on application of Southland Corporation for the new 7-11 store located at
5010 FM 423. Seconded by Member Sopas, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
5. WORK SESSION WITH FOX & JACOBS.
Larry Ludwig, Jim Bell from Fox & Jacobs, and Bob Pettit, from Dannenbaum Engineering
Corporation, were present. Mr. Pettit gave a presentation on behalf of Fox & Jacobs
on the proposed zoning changes for the South Planning Unit. Member Sopas commended
Fox & Jacobs for doing a good job of working with the residents who live on Arbor
Glen and in making changes from the original zoning request.
There after followed general discussion by commission members. There were several
suggestions made to Fox & Jacobs which included the following: In the O-1 proposed
zoning, have deed restriction creating cul-de-sac at the end of Goodman street or a
greenbelt area.*
It was decided that another work session was not needed before placing this item on
the agenda for a public hearing.
6. REVIEW AND DISCUSSION OF THE STATE'S MINIMUM STANDARDS FOR REGISTERED HOMES FOR
DAY CARE.
General discussion took place with Member Warmack suggesting checking into having a
licensing program with the City instead of a Specific Use Permit. Mr. Reed stated he
would have to check with the City's attorneys first. After information comes back
from the attorney's, Board members would like to set up a meeting and get public
input on what the public feels should be used as guidelines for requirements of Day
Care in a residential home.
There being no further discussion, the meeting was adjourned at 9:05 p.m.
Robert Fiumara, ~hairman
Beverly Nopp, Commission Secretary
*Correction to the minutes should read-In the O-1 proposed zoning, have deed restric-
tion creating either cul-de-sac at the end of Goodman Street or a greenbelt area
extending all the way around Goodman St.
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
MARCH 8, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zoning
Commission of the City of The Colony, Texas, to be held on the 12th day of
March, 1985, at 7:30 p.m. at City Hall located at 5576 North Colony Boulevard,
at which meeting the following will be discussed:
1. Approval of minutes.
2. Citizens Input.
3. Consideration of Approval of Revised Site Plan for Colonial Baptist
Church located at 6400 Paige Rd.
4. Review and Discussion of Proposed Ordinances:
a. Regarding manufactured homes
b. Parking of vehicles in yards
c. Establishing a fee for various requests
d. Increasing plat fees
e. Increasing zoning fees
f. Increasing the maximum fine for zoning violations
g. Providing for zoning of the property at time of annexation.
CERTIFICATE
I hereby certify that the notice of meeting was placed on the front door
of City Hall on the 8th day of Feb~'~85 at 5:00 p~,.
Jan~add, City~ secretary
MINUTES OF THE PLANNING AND ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON MARCH 12, 1985
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. with the following members present:
Robert Fiumara Chairman
Tom Cravens Member
David Dye Member
Earl Brantley Member
Bruce Sopas Member
Harvey Bradley Member
and with Member Warmack absent, however a quorum was established. Director of
Community Services, Steven A. Reed, and Building Official, Eric Stanton, were also
present.
1. APPROVAL OF MINUTES.
Chairman Fiumara noted a correction to the minutes of February 26, 1985. Member
Warmack was present at that meeting. Also a correction to Item No. 5-Work Session
with Fox & Jacobs. Paragraph 2, last sentence should read: In the 0-1 proposed
zoning, have deed restriction creating either cul-de-sac at the end of Goodman
Street or a greenbelt area extending all the way around Goodman Street.
Member Bradley made a motion to approve the minutes of February 26, 1985, with the
above noted corrections. Seconded by Member Dye, the motion was approved by the
following vote:
Ayes: All members present voted aye
Noes: None
2. CITIZENS INPUT.
None.
3. CONSIDERATION OF APPROVAL OF REVISED SITE PLAN FOR COLONIAL BAPTI ST CHURCH
LOCATED AT 6400 PAIGE RD.
Since no representative was present from Colonial Baptist Church, a motion was made
by Member Sopas to table this item. Seconded by Member Bradley, the motion was
approved by the following vote:
Ayes: All members present voted aye
Noes: None
4. REVIEW AND DISCUSSION OF PROPOSED ORDINANCES: A. REGARDING MANUFACTURED HOMES
B. PARKING OF VEHICLES IN YARDS
C. ESTABLISHING A F~E FOR VARIANCE REQUESTS
D. INCREASING PLAT FEES
E. INCREASING ZONING FEES
F. INCREASING THE MAXIMUM FINE FOR ZONING VIOLATIONS
G. PROVIDING FOR ZONING OF THE PROPERTY AT TIME OF ANNEXATION
Mr. Reed stated these ordinances are for discussion and recommendation to the Council.
Chairman Fiumara then went over each ordinance separately.
a. Regarding Manufactured Homes - general discussion followed over the
wording of the ordinance, after which Member Sopas made a motion to recommend
approval of the ordinance to the Council. Seconded by Member Bradley, the
motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
b. Parking of vehicles in yards - Members had a question on the definition
of designated driveway, and recommended the driveway located in the required
front yard, shall not exceed a maximum of 24 feet in width and must be perm-
anently paved and shall not extend beyond the building line. General dis-
cussion followed on whether this ordinance would be adding more parked cars
to the street. Member Cravens made a motion to recommend approval to Council of the
ordinance with the above suggested changes. Seconded by Member Dye, the
motion was denied by the following vote:
Ayes: Members Cravens, Dye, and Fiumara
Noes: Members Sopas, Bradley, and Brantley
3
c. Establishing A Fee For Variance Requests - After general discussion,
a motion was made by Member Sopas to approve recommendation of the ordinance
to the Council. Seconded by Member Bradley, the motion was approved by the
following vote:
Ayes: All members present voted aye
Noes: None
d. Increasing Plat Fees - After general discussion, a motion was made
by Member Cravens, and seconded by Member Bradley to table this item for
further discussion. --
e. Increasing Zoning Fees - After general discussion, a motion was made by
Member Bradley to approve recommendation of the ordinance to the Council.
Seconded by Member Sopas, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
f. Increasing The Maximum Fine For Zoning Violations - After general
discussion, a motion was made by Member Cravens to approve recommendation of the
ordinance to Council. Seconded by Member Bradley, the motion was approved
by the following ~ote:
Ayes: All members present voted aye
Noes: None
g. Providing For Zoning Of The Property At Time Of Annexation - At this
time, Mr. Reed stated he does not have an ordinance for this item yet and
is awaiting a legal opinion from the City's attorney.
There being no further discussion, the meeting was adjourned at 8:55 p.m.
Robert Fiumara, Chairman
B~~Secretary
TBE CITY OF T~E COLONY
DENTON COUNTY, TEXAS
MARCH 22, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zoning
Commission of the City of The Colony, Texas, to be held on the 26th day of
March, 1985, at The Colony United Methodist Church, located at Paige and
Avery, at 7:30 p.m. at which the following will be discussed:
1. Approval of minutes.
2. Citizens Input.
3. Public Hearing on the application of Fox & Jacobs to have the Compre-
hensive Zoning Ordinance and Zoning Map of the City amended so as to
give a 6.1846 acre tract of land a O-1 classification.
4. Public Hearing on the application of Fox & Jacobs to have the Compre-
hensive Zoning Ordinance and Zoning Map of the City amended so as to
give a 20.661 acre tract of land a 0-2 classification.
5. Public Hearing on the application of Fox & Jacobs to have the Compre-
hensive Zoning Ordinance and Zoning Map of the City amended so as to
give 3 tracts of land totalling 420.20 acres a Business Park classification.
6. Public Hearing on the application of the City of The Colony to amend
Section 24 of the Comprehensive Zoning Ordinance regarding establishing
fees for requesting change of zoning.
7. Public Hearxng on the application of the City of The Colony to amend
Section 26 of the Comprehensive Zoning Ordinance regarding increasing
penalties for zoning violations.
8. Public Hearing on the application of the City of The Colony to amend
Section 21 of the Comprehensive Zoning Ordinance regarding establishing
a fee requirement for appealing to the Board of Adjustment.
9. Consideration of approval of revised site plan for Colonial Baptist Church
located at 6400 Paige Rd.
CERTIFICATE
I hereby certify that the notice of meeting was placed on the front door
of City Hall on the 22nd day of March, 1985, at 5:00 p.~.
Janet ~a'~, City Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION 37~
OF THE CITY OF THE COLONY
HELD ON MARCH 27, 1985
A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony,
Texas, was called to order at 7:30 p.m. with the following members present:
Robert Fiumara Chairman
Tom Cravens Member
David Dye Member
Bruce Sopas Member
Harvey Bradley Member
Earl Brantley Member
John Warmack Member
and with no nembers absent, thus a quorum was established. Also in attendance were
Steven A. Reed, Director of Community Services, and Eric Stanton, Building Official.
1. APPROVAL OF MINUTES.
Member Brantley made a motion to approve the minutes of March 12, 1985. Seconded by
Member Bradley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
2. CITIZENS INPUT.
Clarabelle Svec, 5037 Arbor Glen, asked if the Planning & Zoning Commission Members
would introduce themselves. After introductions were made, there was no further
citizens input.
3. PUBLIC HEARING ON THE APPLICATION OF FOX & JACOBS TO HAVE THE COMPREHENSIVE ZONING
ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE A 6.1846 ACRE TRACT OF
LAND A O-1 CLASSIFICATION.
A motion was made by Member Sopas to open the public hearing. Seconded by Member
Bradley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
At this time, Chairman Fiumara turned the meeting over to Mr. Steven A. Reed who
stated the City has received a request from Fox & Jacobs, Inc. to rezone property
which is currently zoned single family located immediately south of Arbor Glen and
is an approximate 6.1846 acre tract, to O-1 classification. In an 0-1 district, a
maximum of 2 stories in height is provided for development and the typical uses
within that zoning are banks, savings and loans, certain types of retail within an
office type of building, general office type uses, and medical clinics. The City
currently has little land which is zoned O-1, this is an area of zoning that has
not been worked with much in the past. This request is offered in conjunction with
2 other requests by Fox & Jacobs, one is for an 0-2 zoning which is immediately south
of the O-1 zoning, and then 3 tracts of land for which Business Park is being requested.
At this time, Mr. Reed introduced Mr. Bob Pettit of Dannenbaum Engineering representing
Fox & Jacobs, to give a presentation to the Commission.
Mr. Pettit stated he would give his presentation on all 3 zoning requests at this
time. He stated that over a year to 15 months ago, the City approved a Master Plan
for this area (South Planning Unit). He further added that the zoning request is
for 3 tracts of land totalling approximately 420 acres to be rezoned Business Park,
20.6 acres to be rezoned 0-2 which has a maximum of 6 story office buildings, and an
area of 6.1 acres to be rezoned O-1 which will be deed restricted to one story build-
ings. Then there would be a 50 foot buffer of 2.06 acres that would be dedicated to
the City as a greenbelt area About six months ago Fox & Jacobs made a zoning request
to the City that included duplexes south of Arbor Glen and due to intense opposition
from residents in this area, the zoning request was withdrawn. A meeting was held
with the residents of this area about a month ago where this new plan was presented
where he felt residents were more pleased with the O-1 and 0-2 classification and
felt that would be a better buffer than duplexes. In conjunction with the 50 foot
greenbelt area, Fox & Jacobs is also proposing a 20 foot landscaping easement around
the lots. There would be no building closer than 90 feet from houses in this area.
He further added that City staff had some recommendations which included the follow-
ing 4 items, a cul-de-sac at the end of Goodman Street, the 50' buffer be extended
all the way around the lots on Goodman Street, the greenbelt area be graded and seeded,
and to install a sprinkler system. Fox & Jacobs is proposing that the cul-de-sac not
be constructed at this time, but would install an alley cut back. They are also pro-
posing to go ahead and grade and hydro-mulch the 50 foot greenbelt area and water it
enough to get the grass going for one season but would not install a sprinkler system.
3? 3 -2-
After Mr. Pettit's presentation, Chairman Fiumara then asked for any questions from
the Commission. Member Warmack felt that just hydro-mulching and grading the 50'
greenbelt would not be enough. A sprinkler system would still be needed to ensure the
City and the citizens that grass would grow as staff recommended. Member Warmack then
asked the citizens if they were comfortable with knowing that 6 story buildings could
go in the 0-2 area. He added if Business Park zoning were allowed all the way up
to the O-1 area, omitting the 0-2 zoning, the setback would be 120' versus 20' of
landscaping. He further added that the residents living there now and any who buy
in the future need some kind of protection against a possible 6 story building being
able to be built so close to a residential home. Chairman Fiumara agreed with Mem-
ber Warmack's statements on the 0-2 zoning. Member Dye also had a comment on the cul-
de-sac stating he felt it would be necessary if for no other reason than for fire pro-
tection. Mr. Reed stated that the reason staff recommended a cul-de-sac there is that
currently this is a residential street and there will be people living along that street
and he does not feel that it would be a good idea to have a high volume of traffic
going through a residential street to reach the commercial area. Member Sopas then
expressed his feelings on the sprinkler system in the greenbelt area and the cul-de-
sac around Goodman Street stating that Fox & Jacobs were aware of the Commissions
recommendations made during a work session that was held several weeks ago and he feels
that Fox & Jacobs is now trying to wiggle out of those recommendations. Larry Ludwig,
of Fox & Jacobs, stated they had taken the recommendations made by the Commission into
consideration when preparing their presentation for this evening but this was only a
presentation and it was their option to present their side of it. Member Cravens stated
that the 50 foot strip buffer area need not be a fee title area, it could be part of the
actual land and it would be approved at the time the site plan is approved. Member
Warmack stated he thinks Larry Ludwig is correct in saying Fox & Jacobs had taken the
Commission's recommendations into consideration, however the sensitive area right now
are those recommendations and that they should be included. Member Cravens asked if
it would be feasible to wrap the 0-1 zoning all the way around to Paige and just have the
Business Park zoning against the 0-1 zoning.
At this time, Chairman Fiumara asked for comments from the public. Charles King, 5216
Arbor Glen, stated the presentation tonight is nothing at all like what the citizens
asked for last July. They had suggested a landscaped park area that would have been
about 115 feet, not the 50 feet as now shown. Richard Svec, 5037 Arbor Glen, asked if
the homes that will be built on Goodman Street will be strictly single family and if
they will be of a minimum size. Mr. Pettit stated he did not know at this time what
the size homes would be built however there is an ordinance regulating the minimum
square footage of a single family home. Carlie King, 5216 Arbor Glen, stated she
agrees with the comments made by her husband and would prefer some other type of
buffer than the proposed 50 feet, however if that was all that they could get, then
they would have to settle for that. Wallace Gehrke, 5056 Arbor Glen, stated he agreed
with the need to install a sprinkler system adding the 50 foot buffer area would be-
come a desert after the one year of watering was over, and that it would be a waste of
Fox & Jacobs time to hydro-mulch it if it~ not going to be watered.
After all public comments were made, Member Fiumara then asked for ~rther discussion
by Commission members. He stated he personally felt that we should be thinking about
people that will be moving in in the future as well as the residents already living
there. He also stated that he feels the cul-de-sac should be on Goodman Street, the
sprinkler system should be installed in the 50 foot buffer area which should extend all
the way around, and if possible see if Fox & Jacobs can bend the O-1 zoning around.
Member Cravens stated the 50 foot could be a park easement but should definitely
include the sprinkler system. Larry Ludwig asked if they deed restricted the 0-2
zoning to 1 story buildings only, would that be an acceptable alternative. Building
Official, Eric Stanton, replied that this would work as long as the ordinance no. is
included on the zoning map.
A motion was made by Member Sopas to close the public hearing. Seconded by Member
Bradley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
At this time, Member Sopas made a motion to approve the request by Fox & Jacobs to
have the Comprehensive Zoning Ordinance and Zoning Map of the City amended so as to
give a 6.1846 acre tract of land a O-1 classification with the following stipulations:
the cul-de-sac be put in on Goodman Street, a sprinkler system be installed in the
greenbelt area as well as being hydro-mulched and graded, the 50 foot greenbelt area
be wrapped around to Paige Street and be an easement with the alley being tied into
the cul-de-sac, the O-1 be deed restricted to one story level, and that the ordinance
must be stated on the zoning map. Seconded by Member Brantley, the motion was approved
by the following vote:
Ayes: All members present voted aye
Noes: None
4. PUBLIC HEARING ON THE APPLICATION OF FOX & JACOBS TO HAVE THE COMPREHENSIVE
ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE A 20.661
ACRE TRACT OF LAND A 0-2 CLASSIFICATION.
A motion was made by Member Warmack to open the public hearing. Seconded by
Member Sopas, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Chairman Fiumara then turned the meeting back over to Mr. Reed who stated that this
public hearing is a continuation of the O-1 zoning request. The only real difference
between the 0-1 zoning and 0-2 zoning is the maximum height, in O-1 it is 2 stories,
in 0-2 it is 6 stories.
There being no input from the public, Member Sopas made a motion to close the public
hearing. Seconded by Member Dye, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Member Warmack then made a motion to accept the request of Fox & Jacobs to have
the Comprehensive Zoning Ordinance and Zoning Map of the City amended so as to give
a 20.661 acre tract of land a 0-2 classification with the following stipulations:
maintain a 50 foot landscaped greenbelt easement which shall have a sprinkler
system installed as well as be graded and hydro-mulched, deed restrict the area
to a maximum of 1 story level 150 feet from property lines abutting residents on
Goodman Street. Seconded by Member Sopas, the motion was approved by the follow-
ing vote:
Ayes: All members present voted aye
Noes: None
5. PUBLIC HEARING ON THE APPLICATION OF FOX & JACOBS TO HAVE THE COMPREHENSIVE
ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE 3 TRACTS OF
LAND TOTALLING 420.20 ACRES A BUSINESS PARK CLASSIFICATION.
A motion to open the public hearing was made by Member Sopas. Seconded by Member
Bradley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
At this time, Chairman Fiumara turned the meeting back over to Mr. Reed who stated
the Business Park being requested is the first time for this zoning district to be
requested. This is a brand new district that was created by council back in Nov-
ember after many long work sessions with Planning & Zoning and also in association
with Fox & Jacobs, and a couple of work sessions with council. A Business Park
zoning is primarily a high density commercial type zoning that allows for high rise
offices, shopping centers, and other high density uses. The property being re-
quested to be rezoned is actually 3 separate tracts of land totalling 420.20 acres.
The boundaries of the land that is requested to be zoned Business Park do roughly
correspond with the areas on the Master Plan which the City has generally adopted
for developing that area. There are some other areas within the Master Plan for
future multi-family development that is not included in this request, however all
of the uses which were proposed on the Master Plan for a Business Park area for
instance shopping center, hospital, medical offices and some retail office uses, are
allowed in Business Park zoning. Basically staff has no problems approving Busi-
ness Park zoning for these 3 tracts of land.
Chairman Fiumara then asked for comments from the commission. Member Warmack asked
what the current zoning for this area is and Mr. Reed replied single family. Mem-
ber Warmack then asked if the public understood what they were going to see in this
area. He then asked for potential uses in this area. Mr. Pettit stated that Mr.
Reed had pretty well covered all the allowed uses. It will allow for regional
shopping centers, neighborhood shopping centers, high rise office buildings, low
rise office buildings, light commercial, medical buildings, Stop 'N Gos, 7-11s, a
college, restaurants, and any kind of use that is non-residential and that is not
really heavy industrial. Member Warmack then stated it is a high density district
and is intended for high taxes and in particularly probably its highest and best
use would be high density office space. He further added that he has some concerns
with this in that it does not parallel the Master Plan in a few areas, it does by
use, but there is still a concern that its highest best use would be high density
offices that may preclude some of the lower density uses, for instance a mall.
-4-
Mr. Pettit stated to look at LBJ where Valley View is sitting. Member Warmack stated
that Valley View has been there for several years and everything that is currently
being built is high density building, in fact there is more high density office
buildings on shopping centers than there is shopping centers to the point that Dallas
is stopping that. Dallas foresaw a problem and is restricting the use. A good
example is that shopping center zoning in Dallas is a 1 to 1 ratio and this is a
4 to 1 ratio so for every foot you could build 4 square feet. Dallas is concerned
enough about that to force the developer to do retail because they won't otherwise,
it's not the highest use. Member Cravens stated that Dallas has millions of square
footage of high rise or office space, we don't have any here, and he doesn't see
any problems. Member Warmack replied that if you bought that land and knew you were
going to hold the land, you wouldn't because if you were getting a 4 to 1 return you'd
build high rise office buildings. Member Cravens replied that if you felt you couldn't
lease the space, you wouldn't build an office building. Member Warmack stated that's
true but this same conversation probably took place 15 years ago for the LBJ area
and he thinks that can potentially happen here. Member Cravens stated that area is
not going to stay as office buildings for the entire land. Larry Ludwig stated that
in the future ultimately 15 years from now, the land may recycle and everything
could be retail shopping center instead of offices. If the zoning ordinances will
allow it 15 years from now at that time on that type of land it will be more desir-
able for a retail space or some type of commercial than to say it will all be high
rise offices in the next 5 years. He further added if it does do that and does
convert to that, this isn't going to be the only land available for shopping centers,
there are other areas and people aren't going to be left out with no shopping areas.
Member Warmack stated it is a concern and the reason is we and the council agreed at
one point on the Master Plan. This allows for shopping centers, but it doesn't en-
sure it. Larry Ludwig stated no zoning would ensure it either. Member Warmack
stated we are not ensuring ourselves we will have a mall, and that is a real concern
because there is no economics for it. Member Dye stated that the who~purpose of
a Business Park is for the developers to come in and we have the bonus points to
work with, giving them the freedom of choice to do what they want to do. They still
have to come before the Commission before it can go through. Right now it seems we
just want to get Business Park zoning to help attract this type of development.
Member Warmack stated the thing that bothers him now is that we have a tool for
ensuring location factor which could be selectively applied, by restricting zoning
you can encourage use, you can't force use, and you can't ensure use, but you can
encourage it. We're discouraging that use that we talked about right now with the
Business Park zoning. Bob Pettit stated it will also allow other things you can't
put in a shopping center area, and you'll still have site plan approval. Larry
Ludwig stated that the time frame of what Member Warmack is speaking of is a long time
in the future, and at that time it might be justified adding that he's not so sure
that by the time it can be justified, the City will want it because it certainly will
increase the value of the tax base, it will certainly appreciate, and at that time,
what they give up may be shopping centers that their time has come, deed request it.
Looking at some of the older shopping centers in the metroplex, it doesn't hurt to
replace them and if the tax base is there, there will be other shopping centers, the
shopping will not go away. Member Warmack stated to look at Valley View where
potentially the value of that land will soon be greater than shopping center use.
What if they went in there right now and eliminated that shopping center and put up
office buildings which they can do and are doing on every available shopping area
in Dallas until the end of this year.
At this time, Chairman Fiumara asked for any comments from the public. Pat Geary,
5013 Avery Lane, stated he agrees offices are much more suitable in this area for
The Colony and he doesn't feel The Colony needs a large shopping center. Member
Warmack stated we're a small city, but we are going to be in the middle of a large
residential area, and there will be a regional mall somewhere, the question is will
we allow for it to be here or 5 miles away. Clarabelle Svec, 5037 Arbor Glen,
stated she agrees with Member Warmack stating we need a chance to have a shopping
center in The Colony. Richard Svec, 5037 Arbor Glen, asked if this request had any-
thing to do with apartments and Chairman Fiumara replied no, this is strictly
commercial. Eric Stanton pointed out for staff, that we have several tracts of land
already zoned shopping center right now and so far we only have one active offer to
develop one of those shopping centers.
At this time, Member Cravens made a motion to close the public hearing. Seconded by
Member Sopas, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Member Cravens then made a motion to approve the request of Fox & Jacobs to have the
Comprehensive Zoning Ordinance and Zoning Map of the City amended so as to give 3
tracts of land totalling 420.20 acres a Business Park classification. Seconded by
Member Dye, the motion was approved by the following vote:
Ayes: Members Cravens, Fiumara, Dye, Sopas, and Bradley
Noes: Members Brantley and Warmack
At this time, Members took a 5 minute break.
6. PUBLIC HEARING ON THE APPLICATION OF THE CITY OF THE COLONY TO AMEND SECTION
24 OF THE COMPREHENSIVE ZONING ORDINANCE REGARDING ESTABLISHING FEES FOR
REQUESTING CHANGE OF ZONING.
A motion was made by Member Warmack to open the public hearing. Seconded by Member
Dye, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
At this time, Chairman Fiumara turned the meeting back over to Mr. Reed who stated
that the current fees the City charges for change of zoning are, less than 5 acres
of land $100, 5 acres to 24.99 acres land $150, and 25 acres or more $300. The
reason for these changes are for cost recovery to the City involved with making
those zoning changes. We do send written notices to all property owners within
200 feet of the affected property and that's for a hearing before the Planning &
Zoning Commission. For the City Council to consider zoning changes, it has to be
advertised at least one time in the City's official newspaper, and after the ord-
inance has been passed, the ordinance also has to be published in the newspaper.
The City does have to pay for advertising for making zoning changes, in addition
the City's attorney has to draw up the ordinance and all the necessary paperwork,
and again basically the City is just trying to recover the costs incurred making
those zoning changes. Our city attorney has advised that we should formally establish
these fees by ordinance, in the past it has been establsihed just be administrative
directives. At the same time, staff feels we should increase the fees and feel this
is a reasonable time to raise those fees. The new fees proposed are, less than 5
acres of land $200, 5 acres to 24.99 acres $300, and 25 acres or more $500. Staff
recommends approval of these fees.
After general discussion and no public input, Member Cravens made a motion to close
the public hearing. Seconded by Member Sopas, the motion was approved by the follow-
ing vote:
Ayes: All members present voted aye
Noes: None
Member Cravens then made a motion to approve the application of the City of The
Colony to amend Section 24 of the Comprehensive Zoning Ordinance regarding estab-
lishing fees for requesting change of zoning. Seconded by Member Sopas, the motion
was approved by the following vote:
Ayes: All members present voted aye
Noes: None
7. PUBLIC HEARING ON THE APPLICATION OF THE CITY OF THE COLONY TO AMEND SECTION
26 OF THE COMPREHENSIVE ZONING ORDINANCE REGARDING INCREASING PENALTIES FOR
ZONING VIOLATIONS.
A motion was made by Member Sopas to open the public hearing. Seconded by Member
Bradley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Chairman Fiumara then turned the meeting over to Mr. Reed who stated this is pri-
marily a housekeeping measure. Under the old state law, Class C misdemeanors were
punishable by fines ranging from $1 minimum up to $200 maximum, and this was in-
corporated in the City's ordinances and included for zoning ordinances. In 1983,
State legislature increased the maximum Class C misdemeanors could be fined from
$200 up to $1,000, and so in accordance with the allowances from State law, we are
requesting that the maximum fine be increased from $200 to $1,000 maximum for
zoning violations.
Chairman Fiumara then asked for any comments from the public. Paul Dalton, 5204
Arbor Glen, asked what about $500 instead of $1,000. Mr. Reed replied the $1,000
is the maximum allowed by the state, but the judge is actually the one who interprets
and sets the fine for the violation. After general discussion and no further public
comments, a motion was made by Member Sopas to close the public hearing. Seconded
by Member Cravens, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Chairman Fiumara asked for any discussion. Member Sopas stated he thinks the
minimum of $1 is too low and would like the wording changed raising the minimum
fine from $1 to $25. After further discussion, a motion was then made by Mem-
ber Sopas to approve the application of the City of The Colony to amend Section
26 of the Comprehensive Zoning Ordinance regarding increasing penalties for zoning
violations with the following adjustment, the minimum fee be $25 to a maximum of
$1,000. Seconded by Member Warmack, the motion was approved by the following
vote:
Ayes: All members present voted aye
Noes: None
8. PUBLIC HEARING ON THE APPLICATION OF THE CITY OF THE COLONY TO AMEND SECTION
21 OF THE COMPREHENSIVE ZONING ORDINANCE REGARDING ESTABLISHING A FEE REQUIRE-
MENT FOR APPEALING TO THE BOARD OF ADJUSTMENT.
A motion was made by Member Sopas to open the public hearing. Seconded by Mem-
ber Dye, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Chairman Fiumara then turned the meeting back over to Mr. Reed who stated the City
does have a Board of Adjustments that does handle situations wherein a piece of
property cannot be developed in accordance with the standard requirements of the
zoning ordinance, for instance some individuals may have problems with unusual
terrain in their back yard so they request a 10 foot fence as opposed to an 8
foot fence, the Board of Adjustments has the power to allow variances from standard
requirements. Whenever a variance is requested from the City, we propare notices
that are sent out to all property owners within 200 feet of the affected property,
and the Board of Adjustments meets once a month and does have a public hearing on
the issue and makes a decision on whether or not to approve the variance request.
We are recom~aending that a fee be established at a figure of $50 for someone who
does request a variance from the ordinance. Currently there is no fee and since it
does tend to incur significant costs in preparing the notices, mailing them out, and
having City staff on overtime, we are recommending a fee be charged of $50 to re-
cover the City's costs.
At this time, Chairman Fiumara asked for any input from the public. Jeff Small,
5652 Tucker, asked what would be some other examples then what were given requiring
a citizen to come before the Board of Adjustments, adding that he feels the $50 is
too steep. Mr. Reed stated examples would be if you violated the required setbacks,
car ports that extend beyond the normal set back line, putting in a pool closer than
3' to the property line, signs that do not meet our sign ordinance requirements, are
all things that would need to go before the Board of Adjustments for a variance. The
Board of Adjustments can also approve variations from the building code if a developer
wants to build a particular type of building and he does not necessarily meet the
specific requirements for the building code. Virtually any type of variation from
the zoning ordinances requirements the Board of Adjustments does have the power to
grant that variance. Member Bradley asked if the City was trying to cut down on
some of the frivolous requests. Mr. Reed replied in a way yes. We feel that there
are many frivolous requests where it is not necessarily a hardship that a variance be
given where this is the only way it can be done. Member Bradley then asked if we
could make them put a $50 deposit down and after the case is heard if it is not passed,
keep the $50, but if it is approved, return the $50. Mr. Reed stated he would per-
sonally recommend against that because the City will still be incurring the same
costs. Member Warmack asked if Building Official, Eric Stanton, would have the
ability as administrator to read the codes, and Mr. Stanton replied that if they
disagree with how he reads the codes, they still have the option of going before the
Board of Adjustments. Member Warmack stated why doesn't the Commission work on an
ordinance giving Eric the ability to interpret the codes with an alternative that
equals the intent of it. After further discussion, Member Cravens made a motion
to close the public hearing. Seconded by Member Sopas, the motion was approved by
the following vote:
Ayes: All members present voted aye
Noes: None
Chairman Fiumara then asked for further discussion. Mr. Stanton stated that other
cities do have set fees, Farmers Branch has a $40 fee. Member Cravens then made a
motion to approve the application of the City of The Colony to amend Section 21 of
the Comprehensive Zoning Ordinance regarding establishing a fee requirement of $50
for appealing to the Board of Adjustments. Seconded by Member Sopas. Member War-
mack stated he would still like to give Eric the latitude for leverage for the guy
who has a reasonable non-frivolous request that he would not have to go before the
Board of Adjustments thereby eliminating costs incurred. Member Dye stated he
agrees with Member Warmack. After further discussion, the motion was approved by
the following vote:
Ayes: Members Cravens, Fiumara, Bradley, Sopas and Brantley
Noes: Members Dye and Warmack
9. CONSIDERATION OF APPROVAL OF REVISED SITE PLAN FOR COLONIAL BAPTIST CHURCH
LOCATED AT 6400 PAIGE RD.
At this time, Chairman Fiumara asked if any representatives were present from
the church. Rev. Ken Villandry and the architect for the church were both present.
The meeting was then turned over to Eric Stanton who read his memo to the
Commission that stated: The Colonial Baptist Church located at 6400 Paige Drive
is requesting site plan approval for the addition of two buildings on their pro-
perty. The classroom building, which is slated for immediate construction, has
1280 square feet of floor. The proposed future building will have 4000 square
feet. Staff found no problems with the proposed site plan and recommends approval.
Mr. Stanton also had a memo from the Fire Chief what reads: In reviewing the
proposed plans of the Colonial Baptist Church it is my recommendation that all
area between the designated marked Parking spaces be designated and marked as
a Fire Lane. If the designated area is 25 feet or more in width the provisions
of the Fire Lane Ordinance addressing corners and arcs will not apply. The Fire
Lane must make a complete loop off of Paige. If there are any questions on this
matter please contact me.
Staff finds no problems. After general discussion, Member Warmack made a motion
to approve the revised site plan for Colonial Baptist Church located at 6400
Paige Rd. Seconded by Member Fiumara, the motion was approved by the following
vote:
Ayes: All members present voted aye
Noes: None
There being no further discussion, the meeting was adjourned at 9:35 p.m.
RoBert Fiumara, Chairman
ever y opp, Commission Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
APRIL 5, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zoning
Commission of the City of The Colony, Texas, to be held on the 9th day
of April, 1985, at City Hall, located at 5576 North Colony Boulevard, at
7:30 p.m. at which the following will be discussed:
1. Approval of minutes.
2. Citizens Input.
3. Review and discussion of Day Care facilities requirements in private
homes and commercial buildings.
CERTIFICATE
I hereby certify that the notice of meeting was placed on the front door
of City Hall on the 5th day of April, ~'00~.~ ~
Jane~add, City S~cret~ry
MINUTES OF THE PLANNING & ZONING COHHISSION
OF TNE CITY OF THE COLONY
HELD ON APRIL 9, 1985
A REGULAR SESSION of the Planning & Zoning Commission of The City of The Colony,
Texas was called to order at 7:30 p.m. with the following members present:
Robert Fiumara Chairman
David Dye Member
Bruce Sopas Member
Harvey Bradley Member
and with Members Brantley, Cravens, and Warmack absent; however a quorum was
established. Also in attendance were Steven A. Reed, Director of Community Services,
and Eric Stanton, Building Official.
1. APPROVAL OF MINUTES.
A correction to the minutes of March 27, 1985 was noted as follows. Under Item No.
1- Approval of Minutes, Member Brantley made a motion to approve the minutes of
March 12, 1985, instead of Member Bradley.
Member Bradley made a motion to approve the minutes of March 27, 1985 with the
above noted correction. Seconded by Member Dye, the motion was approved by the
following vote:
Ayes: All members present voted aye
Noes: None
2. CITIZENS INPUT.
None.
3. REVIEW AND DISCUSSION OF DAY CARE FACILITIES REQUIREMENTS IN PRIVATE HOMES AND
COMMERCIAL BUILDINGS.
The following citizens were present and participated in discussion:
Pam Lang
6005 Blair Oaks '
370-0335
Darda Shamkin
Rt. 1, Knob Hill
Frisco, TX 75034
Bev Walker
5517 Ramsey
370-0155
General discussion was opened by Chairman Fiumara. Member Sopas suggested members
and citizens concentrate on setting a criteria for a license to be issued to a
Family Home Day Care.
A lengthy discussion and review of Texas State Requirements plus information pre-
sented by Member Bradley in regards to requirements by other states resulted in
the following items to be included in a Day Care License Ordinance.
1. Police background check of all workers.
2. Require fire and safety checks; i.e. child-proof locks on
cabinets, all solvents out of reach, etc.
3. Fenced yard, separate fence for pool.
4. Safe and clean food handling procedures, proper refrigeration.
5. Follow state standards for number of children.
6. Require a license only if children of more than one family are kept.
7. Require posting of the daily program or schedule.
8. Require an up to date listing of persons to be contacted in case of
emergency (at least 3) and phone numbers of parents.
9. Require a medical release form listing persons to contact, allergies,
name of physician, and notarized signature.
10. Require that all children be supervised at all times.
There being no further discussion, the meeting was adjourned at 9:35 p.m.
Robert Fiumara, Chairman
Judie Talbot, Acting Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
APRIL 19, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zoning
Commission of the City of The Colony, Texas, to be held on the 23rd day of
April, 1985, at City Hall, located at 5576 North Colony Boulevard, at 7:30 p.m.,
at which the following will be discussed:
1. Approval of minutes.
2. Citizens Input.
3. Public Hearing on the application of The Colony Christian Church to have
the comprehensive zoning ordinance and zoning map of the City amended so
as to give the property located at 5032 Clover Valley a Specific Use
Permit-Rectory.
4. Public Hearing on the application of Billy's Discount Liquors to have the
comprehensive zoning ordinance and zoning map of the City amended so as to
amend the existing Specific Use zoning classification on property located
at 5000 FM 423, Suite 314.
5. Discussion of Regulations for Satellite Dishes and Radio Towers.
6. Discussion of Day Care Regulations.
CERTIFICATE
I hereby certify that the notice of meeting was placed on the front door of
City Hall on the 19th day of mpri~ p.m/~ ~
Jane~add, City Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION ~
OF THE CITY OF THE COLONY
HELD ON APRIL 23, 1985
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. with the following members present:
Robert Fiumara Chairman
Tom Cravens Member
Harvey Bradley Member
Earl Brantley Member
and with Members Warmack, Dye, and Sopas absent, however a quorum was established.
Director of Community Services, Steven A. Reed, and Building Official, Eric Stanton,
were also present.
At this time, Chairman Fiumara stated that for any future council meetings where
an item pertained to a recommendation from the Planning and Zoning Commission, a
member of the commission needs to be present to answer any questions from council.
Member Bradley volunteered to attend the next scheduled city council meeting.
2. CITIZENS INPUT.
None.
3. PUBLIC HEARING ON THE APPLICATION OF THE COLONY CHRISTIAN CHURCH TO HAVE THE
COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO
GIVE THE PROPERTY LOCATED AT 5032 CLOVER VALLEY A SPECIFIC USE PERMIT-RECTORY.
At this time, Member Cravens made a motion to open the public hearing. Seconded by
Member Brantley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Joe Bacca, 5012 Overton CirCle, and Jim Allan, of The Colony Christian Church,
were present to answer any questions. The meeting was then turned over to Mr.
Reed who stated the zoning change is needed because when this church property
was originally zoned it was given a specific use permit for church use. Church
use per our definition restricts the building to only uses as a place of worship
or religious training, that excludes any type of residential use. The only
thing in the schedule of uses that applies to this particular situation would be
a definition for a rectory, and the definition of a rectory per the zoning
ordinance is "housing facilities either on the site of a church or elsewhere.
Such housing, however, when more dense than that allowed in single-family dwelling
districts, shall conform in number of units to the zoning limitations in effect
in the district wherein the .property is located." What that means is if you
have a specific use permit in this instance which is overlying a single family
zoning district, then any rectory which is on the property must also conform to
the density requirements of the single family area. For that reason, it has
been recommended to the commission that the house be used for single family
occupancy. The only other concerns that staff has with the request is that the
house must be inspected and receive a C.O. before anyone moves in, the house
must meet all current city ordinances, and only paid staff may live in the house;
it cannot be rented to others or used as a dormitory for several persons. With
these conditions, staff sees no other problem with the request.
Chairman Fiumara asked if our single family definition states that you cannot have
more than two unrelated people, and Mr. Reed replied that is correct. Member
Cravens asked if the staff has looked at the house yet, and Mr. Reed stated
members of the church had been given a copy of the C.O. check list but that staff
has not looked at the house yet. Member Brantley stated there is a lot of main-
tenance that needs to be done on the house. Member Bradley asked if the drive-
way~as gravel. Member Cravens asked if the garage that is there will be used.
Mr. Allan stated it will only be used for storage. Member Cravens further asked
if it would be used to house a vehicle, and Mr. Allan again stated no. Chairman
Fiumara asked if the church would have any problems meeting staff's requirements,
and Mr. Allan said no. Member Cravens then asked if the garage is used for storage,
would it be considered an accessory building. Mr. Reed stated that the way it
is layed out on the sketch, it does meet all setback requirements and will
probably be considered as an accessory building. Member Cravens asked if there is
a water main for this house. Mr. Allan stated they receive a separate billing
each month from M.U.D. for the house as well as the church, and that there is
a water meter for the church as well as the house. Chairman Fiumara asked if
when the C.O. is done if the wiring is check, in the house. Mr. Stanton replied
the wiring is checked as much as possible, however the walls are not torn in to.
The electrical inspector checks to see that all minimum requirements are met per
the electric code. Member Cravens stated he would like staff to check with M.U.D.
to make sure that this house does have a tap for water and sewer.
There being no public input and no further quest~o~, Member Bradley made a motion
to close the public hearing. Seconded by Member Brantley, the motion was approved
by the following vote:
Ayes: All members present voted aye
Noes: None
Chairman Fiumara then asked for any discussion. Member Brantley stated he would
like to see some kind of guarantee that a lot of exterior work is done on this
house. Mr. Stanton stated unless the roof is leaking or there is extensive
water damage inside, they cannot be made to replace the roof, and all that you
can make them do on the exterior is paint the house. Chairman Fiumara asked Mr.
Allan if the church has any plans on what they will be doing to the house. Mr.
Allan stated they have not drawn up any plans, but they do have someone from the
church who is not a contractor who is willing to do the repairs on the house. Mr.
Stanton stated if they needed any extensive work done on the plumbing or electric,
a licensed plumber or electrician would have to be hired for that part of the work.
Member Bradley then made a motion to approve the application of The Colony
Christian Church to have the comprehensive zoning ordinance and zoning map of the
City amended so as to give the property located at 5032 Clover Valley a specific
use permit-recotry with the following recommendatons. The house must be inspected
and receive a C.O. before anyone moves in. The house must meet all current city
ordinances. Only paid staff may life in the house; it cannot be rented to others
or used aS a dormitory for Several persons. It may only be used for single-family
occupancy, per our current definition, and that staff check with M.U.D. to see if
the house has a tap for water and sewer.
At this time, Member Sopas arrived at the meeting.
The motion was seconded by Member Cravens and approved by the following vote:
Ayes: Member Fiumara, Cravens, Bradley, and Brantley
Abstention: Member Sopas
Noes: None
1. APPROVAL OF MINUTES
Member Bradley made a motion to approve the minutes of April 9, 1985. Seconded
by Member Fiumara, the motion was approved by the following vote:
Ayes: Members Fiumara, Sopas, and Bradley
Abstention: Members Cravens and Brantley
Noes: None
At this time, members took a 5 minute break.
5. DISCUSSION OF REGULATIONS FOR SATELLITE DISHES AND RADIO TOWERS.
This item is on the agenda for discussion only, and for guidelines from the
commission members. General discussion followed, afterwhich members decided to
let Eric Stanton write a definition for satellite dishes and radio towers as he
thinks it should be written and then bring it back before the commission for
further discussion.
6. DISCUSSION OF DAY CARE REGULATIONS.
Eric Stanton presented a rough draft of Procedures for In-Home Day Care License
that his department had prepared. General discussion followed, afterwhich
members decided to let Mr. Stanton get the procedures formalized and then bring
them back for a public hearing before the commission.
At this time, members took a 10 minute break.
4. PUBLIC HEARING ON THE APPLICATION OF BILLY'S DISCOUNT LIQUORS TO HAVE THE
COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO
AMEND THE EXISTING SPECIFIC USE ZONING CLASSIFICATION ON PROPERTY LOCATED
AT 5000 FM 423, SUITE 314.
Member Sopas made a motion to open the public hearing. Seconded by Member
Brantley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
-3- 3555
William S. Sharp, III, owner of Billy's Discount Liquors, was present. He stated
he needs to expand his business. There is a 25' space next door to the cleaners
that the owner of the shopping center is going to pay to have the cleaners moved
for 20' of that space. Mr. Sharp will then take 20' of the cleaners space plus 5
feet.
At this time, Chairman Fiumara asked staff for any comments. Mr. Reed stated that
there is an existing specific use permit for Billy's Discount Liquors at the present
location and this will just need to be amended to included the additional expansion.
There being no public input and no further questions, Member Cravens made a motion
to close the public hearing. Seconded by Member Brantley, the motion was approved
by the following vote:
Ayes: All members present voted aye
Noes: None
Member Cravens then made a motion to approve the application of Billy's Discount
Liquors to have the comprehensive zoning ordinance and zoning map of the City
amended so as to amend the existing specific use zoning classification on property
located at 5000 FM 423, Suite 314. Seconded by Member Bradley, the motion was
approved by the following vote:
Ayes: All members present voted aye
Noes: None
There being no further discussion, the meeting was adjourned at 8:50 p.m.
R~o e~r ~t~F~,~h ~airman
B ssion Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
MAY 10, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zoning Com-
mission of the City of The Colony, Texas, to be held on the 14th day of May,
1985, at City Hall, located at 5576 North Colony Boulevard, at 7:30 p.m., at
which the following will be discussed:
1. Approval of minutes.
2. Citizens Input.
3. Public Hearing on the application of National Convenience Stores, Inc.
to have the comprehensive zoning ordinance and zoning map of the City
amended so as to give the property located at 4916 Main Street (Stop 'N
Go) a specific use classification for the sale of beer and wine for off-
premise consumption.
4. Discussion of regulations for satellite dishes and radio towers.
5. Review and discussion of future ordinances.
CERTIFICATE
I hereby certify that the notice of meeting was placed on the front door
of City Hall on the 10th day of May,j~1985, at 5:00ts~P.m,~~Secret~r~r
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON MAY 14, 1985
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. with the following members
present:
Robert Fiumara Chairman
David Dye Member
Tom Cravens Member
Bruce Sopas Member
and with Members Bradley, Brantley, and Warmack absent, however a quorum
was established. Building Official, Eric Stanton, and City Manager, Janice
Carroll were also present.
1. APPROVAL OF MINUTES.
This item was tabled until the next regularly scheduled meeting.
2. CITIZENS INPUT.
None.
3. PUBLIC HEARING ON THE APPLICATION OF NATIONAL CONVENIENCE STORES, INC.
TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY
AMENDED SO AS TO GIVE THE PROPERTY LOCATED AT 4916 MAIN STREET (STOP
'N GO) A SPECIFIC USE CLASSIFICATION FOR THE SALE OF BEER AND WINE FOR
OFF-PREMISE CONSUMPTION.
This item was tabled since there was no representative present from
National Convenience Stores.
4. DISCUSSION OF REGULATIONS FOR SATELLITE DISHES AND RADIO TOWERS.
At this time, the meeting was turned over to Eric Stanton. Mr. Stanton
went over the Amendments Relating to Satellite and Radio Receivers and
Transmitters. There were a couple of minor corrections, the first was
a typo error in the first two paragraphs changing Amend (25-101) to
Amend (25-100), the second was to paragraph 5 by adding the sentence
"Shall not be seen or visible from fronting street." After these correc-
tions are made, all Members present agreed to have Mr. Stanton take
these amendments to the city's attorney.
5. REVIEW AND DISCUSSION OF FUTURE ORDINANCES.
Mr. Stanton stated there are 6 projects that are going to require new
ordinances. They are as follows: multi-family, satellite dishes,
sign ordinance, home day care, miscellaneous changes other than zoning,
and creation of a separate building code Board of Appeals. He added that
he will work on 4 of these, multi-family, home day care, satellite dishes,
and the sign ordinance, get them to the attorney for new ordinances and
then back for the commission to review before holding public hearings.
In the future, the commission will be working on these 2 at a time.
There being no further discussion, the meeting was adjourned at
8:20 p.m.
Robert Fiumara, Chairman
everzy L~opp, ~ommlssion Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
MAY 23, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zoning
Commission of the City of The Colony, Texas, to be held on the 28th
day of May, 1985, at City Hall, located at 5576 North Colony Boulevard,
at 7:30 p.m., at which the following will be discussed:
1. Approval of minutes of April 23, and May 14, 1985.
2. Citizens Input.
3. Public Hearing on the application of National Convenience Stores,
Inc. to have the comprehensive zoning ordinance and zoning map of
the City amended so as to give the property located at 4916 Main
Street (Stop 'N Go) a specific use classification for the sale of
beer and wine for off-premise consumption.
4. Public Hearing on the application of the City of The Colony, rev
garding amending Section 16, Appendix B-Subdivision, relating to
plat fees for subdivisio~increasing the current fees to $100 for
preliminary plats, $300 for final plats, and $300 for replats.
5. Public Hearing on the application of the City of The Colony, re-
garding amending Section 6-80 Definitions and by adding Section
6-96 on regulations for manufactured houses and homes in The Colony.
CERTIFICATE
I hereby certify that the notice of meeting was placed on the front
door of City Hall on the 23rd day of May, 1985, at 5:00 p.m.
Sharon E. Sebera, Deputy City
Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION ~~ O ~
OF THE CITY OF THE COLONY
HELD ON MAY 28, 1985
A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony,
Texas, was called to order at 7:30 p.m. with the following members present:
Robert Fiumara Chairman
Harvey Bradley Member
Tom Cravens Member
David Dye Member
and with Members Warmack, Sopas, and Brantley absent, however a quorum was es-
tablished. Building Official, Eric Stanton, was also present.
1. APPROVAL OF MINUTES OF APRIL 23, AND MAY 14, 1985.
This item was tabled until the next regularly scheduled meeting.
2. CITIZENS INPUT.
None.
3. PUBLIC HEARING ON THE APPLICATION O~ NATIONAL CONVENIENCE STORES, INC. TO HAVE
THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO
GIVE THE PROPERTY LOCATED AT 4916 MAIN STREET (STOP 'N GO) A SPECIFIC USE
CLASSIFICATION FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION.
A motion to open the public hearing was made by Member Dye. Seconded by Member
Bradley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Jack Thompson of National Convenience Stores (Stop 'N Go) was present to answer any
questions. He stated it was hoped to have the store open by the 15th of June, but
no later than the 30th. Staff stated that the existing Stop 'N Go does not have a
specific use classification since the store was open before the present zoning went
into effect. The specific use classification being requested now is for the new
store only.
At this time, Chairman Fiumara asked for any public input. Michael Lynch, 4921
Roberts, stated he was against the specific use classification being issued to
Stop 'N Go adding the City of The Colony should have a per capita law for the number
of specific use permits they are going to issue. He further stated that there are
already a number of stores in this same area that already have a specific use class-
ification to sell beer and wine for off-premise consumption and the City should be
more concerned with the issue of drunk drivers. He also questioned whether the
present Stop 'N Go would still be maintained by National Convenience Stores and
would they still be able to continue selling beer and wine from that location. The
staff and commission members assured him that once Stop 'N Go changes locations to
the new store, the old store would have to first apply for a specific use classification
before being able to sell any more beer and wine.
There being no further discussion, Member Cravens made a motion to close the public
hearing. Seconded by Member Bradley, the motion was approved by the following vote:
Ayes: Ail members present voted aye
Noes: None
Member Crvanes then made a motion to approve the application of National Convenience
Stores, Inc. to have the comprehensive zoning ordinance and zoning map of the City
amended so as to give the property located at 4916 Main Street (Stop 'N Go) a
specific use classification for the sale of beer and wine for off-premise consump-
tion. Se.conded by Member Dye, the motion was approved by the following vote:
Ayes: Ail members present voted aye
Noes: None
4. PUBLIC HEARING ON THE APPLICATION OF THE CITY OF THE COLONY, REGARDING AMENDING
SECTION 16, APPENDIX B-SUBDIVISION, RELATING TO PLAT FEES FOR SUBDIVISION IN-
CREASING THE CURRENT FEES TO $100 FOR PRELIMINARY PLATS, $300 FOR FINAL PLATS,
AND $300 FOR REPLATS.
3 ~~ ~ -2-
Member Cravens made a motion to open the public hearing. Seconded by Member Bradley,
the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
At this time, the meeting was turned over to Eric Stanton who stated that this request
is basically the same as was previously discussed with one change of deleting the 3%
review and inspection fee.
Member Cravens stated the commission had discussed charging a fee for reviewing the
plans and asked if that was in this request. Mr. Stanton replied he did not put it in
this request because he felt that one flat rate is all that should be charged.
There being no further discussion, Member Dye made a motion to close the public hearing.
Seconded by Member Bradley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Member Bradley then made a motion to approve the application of the City of The Colony,
regarding amending Section 16, Appendix B-Subdivision, relating to plat fees for sub-
divisions increasing the current fees to $100 for preliminary plats, $300 for final
plats, and $300 for replats. Seconded by Chairman Fiumara, the motion was approved by
the following vote:
Ayes: All members present voted aye
Noes: None
5. PUBLIC HEARING ON THE APPLICATION OF THE CITY OF THE COLONY, REGARDING AMENDING SEC-
TION 6-80 DEFINITIONS AND BY ADDING SECTION 6-96 ON REGULATIONS FOR MANUFACTURED
HOMES IN THE COLONY.
Member Dye made a motion to open the public hearing. Seconded by Member Bradley, the
motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
The meeting was then turned over to Eric Stanton who stated that when this was prev-
iously discussed, there were no objections that could be found in the minutes and if any
member had any objections now to please state them.
Chairman Fiumara asked how this would effect our minimum of 1100 sq. footage on single
family homes, and Member Stanton stated this is not oriented to a square footage ord-
inance. He further added that if this ordinance is approved what it means is that it
specifically makes it legal for manufactured, modular, and mobile homes in The Colony,
and makes it illegal to build anything the City cannot inspect.
Member Cravens stated he would like to check with Fox & Jacobs to see if they are build-
ing modular or manufactured homes in another city right now and if so have some one go
and look at them. General discussion continued afterwhich Chairman Fiumara made a motion
to close the public hearing. Seconded by Member Bradley, the motion was approved by the
following vote:
Ayes: All members present vOted aye
Noes: None
A motion was then made by Chairman Fiumara to approve the application of the City of The
Colony, regarding amending Section 6-80 Definitions and by adding Section 6-97 on reg-
ulations for manufactured houses and homes in The .Colony. Seconded by Member Cravens,
the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Members then discussed the next meeting agenda and decided to start working on residen-
tial ordinances. There being no further discussion, the meeting was adjourned at 8:10 p.m.
Robert Fiumara, Chairman
Beverly Nopp, Commission Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
JUNE 6, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zoning
Commission of the City of The Colony, Texas, to be held on the llth
day of June, 1985, at City Hall, located at 5576 North Colony Boulevard,
at 7:30 p.m., at which the following will be discussed:
1. Approval of minutes of April 23, May 14, and May 28, 1985.
2. Citizens Input.
3. Review and consideration of preliminary plat for McDOnalds Restaurant.
4. Discussion of residential ordinances.
CERTIFICATE
I hereby certify that the notice of meeting was placed on the front
door of City Hall on the 7th ~~~~
day of 1985, at 5' 0 p.m.
Janet G~City Secretary
MINUTES OF THE PLANNING AND ZONING COMMISSION f~ ~
OF THE CITY OF THE COLONY
HELD ON JUNE 11, 1985
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. with the following members present:
Robert Fiumara Chairman
Earl Brantley Member
Harvey Bradley Member
Bruce Sopas Member
Tom Cravens Member
and with Members Dye and Warmack absent; however a quorum was established. Building
Official, Eric Stanton, was also present.
1. APPROVAL OF MINUTES OF APRIL 23, MAY 14, AND MAY 28, 1985.
A motion was made by Member Cravens to approve the minutes of April 23. Seconded
by Member Bradley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Approval of the minutes for May 14 and May 28, 1985 was tabled until the next
regularly scheduled meeting due to lack of quorum to vote.
2. CITIZENS INPUT.
Kevin Willis, 5420 Gibson, had a problem with his neighbor living at 5417 Slay
operating a business out of his home and the problem was addressed by Building
Official, Eric Stanton. Mr. Staton stated the house is a rental and he had been
in touch with the owner who lives in Dallas and made him aware of the problem.
He then explained to Mr. Willis the procedures the Inspection Department follows
when handling a violation and stated the Inspection Department will be following
up on this.
3. REVIEW AND CONSIDERATION OF PRELIMINARY PLAT FOR MCDONALD'S RESTAURANT.
The meeting was turned over to Mr. Stanton who stated the main point of contention
at this time is a mutual easement access agreement. Staff has been working with
McDonald's on this agreement and recommends Planning & Zoning to go ahead and
approve the preliminary plat with the condition that the mutual easement access
agreement be worked out on the final plat. Craig Simpson of McDonald Corporation
in Dallas, and Charles Redd of Redd-Young Engineering were both present to answer
any questions from commission members. General discussion followed afterwhich
Mr. Stanton advised the members they could approve the preliminary plat for
McDonald's with the condition that the mutual easement access agreement be re-
solved on the final plat by the city, McDonald's, adjacent property owners, and
the state. Members agreed with Mr. Stanton adding to also make note that the
entrance to McDonald's off of FM 423 (Main St.) should be 25 feet.
At this time, members took a 5 minute break.
4. DISCUSSION OF RESIDENTIAL ORDINANCES.
Members discussed several changes in residential ordinances as suggested by Mr.
Stanton as problem areas that the Inspection Department receives the most com-
plaints on. After discussion, members decided to continue going over these suggested
changes by Mr. Stanton at the next regularly scheduled meeting.
There being no further discussion, the meeting was adjourned at 9:00 p.m.
Robert Fiumara, Chairman
Secretary
Be~, Commission
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
JUNE 20, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zoning
Commission of the City of The Colony, Texas, to be held on the 25th
day of June, 1985, at City Hall, located at 5576 North Colony Boulevard,
at 7:30 p.m., at which the following will be discussed:
1. Approval of minutes of May 14, May 28, and June 11, 1985.
2. Citizens Input.
3. Public Hearing on the application of Frank & Debbie Dlouhy to have
the comprehensive zoning ordinance and zoning map of the city amended
so as to give the property located at 4750 S. Colony Boulevard a
specific use permit for the sale of beer and wine for on-premise
consumption.
4. Continue review and discussion of residential ordinances.
5. Review and discussion of the extension of N. Colony Boulevard.
CERTIFICATE
I hereby certify that the notice of meeting was placed on the front
door of City Hall on the 21st day of June, 1985, at ~:00 p.m.
Janet G~d~, City Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON JUNE 25, 1985
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. with the Following
members present:
Robert Fiumara Chairman
Tom Cravens Member
Earl Brantley Member
Bruce Sopas Member
David Dye Member
Harvey Bradley Member
and with Member Warmack absent. Building Official Eric Stanton was
also present.
1. APPROVAL OF MINUTES OF MAY ]4, MAY 28, AND JUNE
Member Sopas made the motion to approve the minutes of May
Seconded by Member Dye; the motion was approved by the Following vote:
Ayes: All members present voted aye
Noes: None
A motion was made by Member Cravens to approve the minutes of May 28.
Seconded by Member Brantley. The motion carried with the following
vote:
Ayes: All members present voted aye
Noes: None
Member Brantley suggested that the last of Item 3 of the June
minutes be deleted. Member Sopas made a motion that the minutes be
approved as amended; seconded by Member Brantley. The motion carried
with the Following vote:
Ayes: All members present voted aye
Noes: None
3. PUBLIC HEARING ON THE APPLICATION OF FRANK & DEBBIE DLOUHY TO HAVE
THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY
AMENDED SO AS TO GIVE THE PROPERTY LOCATED AT 4?50 S. COLONY
BOULEVARD A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR
ON-PREMISE CONSUMPTION.
Member Sopas made the motion to open to public hearing; seconded by
Member Dye. The motion carried with the Following vote:
Ayes: All members present voted aye
Noes: None
Mr. Fiumara then asked For Eric Stanton's recommendations. Mr. Stanton
stated that he had put the request in a memo and stated that the staff
had no recommendations. Mr. Dlouhy was then asked to explain just how
he planned to operate. Mr. Dlouhy stated that they planned to serve
basically Italian Food and would like to serve beer and wine with their
Food. He clarified that the permit was For on-premise consumption.
AFter some discussion, Chairman made the motion to close the public
hearing. Seconded by Member Sopas, the motion was approved by the
Following vote:
Ayes: All members present voted aye
Noes: None
Member Sopas then made a motion that the Specific Use Permit be
approved. Seconded by Member Bradley. The motion was approved by the
Following vote:
Ayes: All members present voted aye
Noes: None
3£3
Page 2
Minutes of Planning & Zoning
Commission - June 25, 1985
2. CITIZENS INPUT
None.
5. REVIEW AND DISCUSSION OF THE EXTENSION OF N. COLONY BOULEVARD
Jim Bell made an informal presentation to the Commission relating to
the extension of N. Colony Boulevard. They have approved the grade
crossing. The plat, along with their engineering drawings are in to
them for costing. Marsh will cross 121 and N. Colony will T into
Marsh rather than going to 121. Some discussion centered around the
amount of traffic and limit of speed on N. Colony. There was a
consensus of opinion that a turn-around wide enough for emergency
vehicles be provided. The feasibil ity of a railroad overpass or
underpass was discussed. The Commission al so recommended that the
water line be included now even though there was no need immediately
del i ned.
4. REVIEW AND DISCUSSION OF RESIDENTIAL ORDINANCES
Item 3 - After some discussion, Item 3 was tabled for further study and
rewordi ng.
item 4 - After considerable discussion, all members agreed to eliminate
Item 4 concerning all stored material on a residential lot.
item 2 - Suggested that the words "and/or location approved by Council"
be added between 'building' and 'in an'.
Item 5 - All members agreed with Item 5 after clarifying that 3 ft.
from property line meant the rear property line.
Item I - After 'persons' in third sentence, add "within said
structure."
The Commission asked that they be put on the mailing list to receive
the agenda of the Council meetings, Parks & Rec meetings and the Board
of Adjustment and Appeals meetings.
Chairman Fiumara then stated that he wanted to send to City Council a
recommendation that we adopt an ordinance that (1) no parking near mail
boxes, (2) when refrigerators are thrown out, the doors must be taken
off of them and the refrigerator must be turned upside down, (3) no
glass in the parks and (4) distance that liquor or beer can be sold
with relation to churches and schools, both private and public.
There being no further discussion, Member Cravens made the motion to
adjourn the meeting; seconded by Member Sopas. The motion carried by a
unanimous vote.
The meeting adjourned at 9:00 p.m.
Robert F1 umara, Chairman
P. Ray Layman, Recording Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
JULY 5, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zoning
Commission of the City of The Colony, Texas, to be held on the 9th day of
July, 1985, at City Hall, located at 5576 North Colony Boulevard, at 7:30
p.m., at which the following will be discussed:
1. Approval of minutes of June 25, 1985.
2. Citizens Input.
3. Consideration of final plat approval for McDonald's Restaurant.
4. Continue review and discussion of residential ordinances.
CERTIFICATE
I hereby certify that the notice of meeting was placed on the front door
of City Hall on the 5th day of July, 1985, at 5:00 p.m.
Sharon E. Sebera, Deputy City Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON JULY 9, 1985
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. with the following
members present:
Robert Fiumara Chairman
Tom Cravens Member
Harvey Bradley Member
David Dye Member
and with Members Sopas, Brantley, and Warmack absent; however a quorum
was established.
3. CONSIDERATION OF FINAL PLAT APPROVAL FOR McDONALD'S RESTAURANT.
Eric Stanton, Building Official, stated a letter has been received from
the state approving the work, and that M.U.D. has approved the utilities.
The only thing that is holding things up now is the adjacent property
owner has not signed a mutual easement access agreement. Mr. Craig
Simpson of McDonald's Corporation, stated the present adjacent property
owner informed McDonald's that the property is under contract to be sold
and the proposed new owners have stated they will not sign a mutual
easement access agreement at this time until negot~tions are more definite.
General discussion followed, afterwhich Member Cravens made a motion to
approve the final plat for McDonald's Restaurant subject to the other part
of the mutual easement access agreement being worked out. Seconded by
Member Bradley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
1. APPROVAL OF MINUTES OF JUNE 25, 1985.
Member Bradley made a motion to approve the minutes of June 25, 1985.
Seconded by Member Cravens, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
2. CITIZENS INPUT.
None.
4. CONTINUE REVIEW AND DISCUSSION OF RESIDENTIAL ORDINANCES.
Mr. Stanton stated he had sent a memo to Janice Carroll, City Manager,
with the Planning & Zoning's recommendation that we adopt an ordinance for
(1) no parking near mail boxes, and (2) when refrigerators are thrown out,
the doors must be taken off of them and the refrigerator must be turned
upside down. Mrs. Carroll informed Mr. Stanton she would check into this
with the city's attorney. Members then continued with general discussion
of residential ordinances.
There being no further items on the agenda, the meeting was adjourned
at 8:20 p.m.
Robert Fi~mara, Chairman
sion
~opp, Commis Secretary
~HE CITY O~ THE COLONY
DENTON COUNTY, TEXAS
JULY 19, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zoning
Commission of the City of The Colony, Texas, to be held on the 23rd
day of July, 1985, at City Hall, located at 5576 North Colony Boulevard,
at 7:30 p.m., at which the following will be discussed:
1. Approval of minutes of July 9, 1985.
2. Citizens Input.
3. General business. ~ :~., '~'
CERTIFI CATE
I hereby certify that the notice of meeting was placed on the front
door of City Hall on the 19th day of J 1985, 5:00 p.m.
'Patti Jones~,~ity Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
JULY 24, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a WORK SESSION of the Planning and Zoning
Commission of the City of The Colony, Texas, to be held on the 30th
day of July, 1985, at City Hall, located at 5576 North Colony
Boulevard, at 7:30 p.m., at which the following will be discussed:
1. Review and consideration of new ordinances.
CERTIFICATE
I hereby certify that the notice of~.meeting_was placed on the front
door of City Hall on the 26th day~o~ ~July,~985, at 5:00 p.m.
Patti JoneS, City SeCretary
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON JULY 30, 1985
A WORK SESSION of the Planning and Zoning Commission of the City of The Colony,
Texas, was called to order at 7:30 p.m. with the following members present:
Robert Fiumara Chairman
Bruce Sopas Member
Harvey Bradley Member
Tom Cravens Member
Earl Brantley Member
David Dye Member
and with no members absent. Building Official, Eric Stanton, and Councilman Charlie
Dodds were also present.
Before discussing Item No. 1 on the agenda, Chairman Fiumara stated the following
eight items need to be prioritized for work to begin on each soon. Members are
to go over these items and decide by the next regularly scheduled meeting on
August 27th, which ones to begin work on first:
1. City Master Rd. (Thoroughfare Plan)
2. Hackberry (Master Plan)
3. Wynnewood Park (Master Plan)
4. Colony Master Plan
5. Population Projections
6. Hotel/Motel Tax Ordinance
7. Registered Landfill
8. Location for Animal Shelter
1. REVIEW AND CONSIDERATION OF NEW ORDINANCES.
Members then began a work session on four new ordinances with the following
suggested changes:
a. Day Care Ordinance - approved as written.
b. Sign Ordinance
1) Section 6-22, first paragraph top of Page 3 - add the
following after government agencies, "or any approved
promotional banners or decorations for any civic or
philantrophic events.
2) Section 6-22-11 - Page 3 - change remove the signs within
ten (10) days after the election to within five (5) days
after the election.
3) Section 6-22-12e - delete - Page 4.
4) Section 6-22-15 - Page 4 - add - See Exceptions, Section
6-26-H.
5) Section 6-22-18 - Page 4 - add - Exception - personal property
sales signs, garage sales signs, and political signs.
6) Section 6-24-9d(1) - Page 7 - add inches after 72.
7) Section 6-24-9e - Page 7 - change Metal backing to Weather
proof backing.
8) Section 6-26-8A - A motion was made by Member Bradley to
change the sentence reading: Garage and yard sale signs may
be placed in City right-of-way areas from Friday noon until
Monday noon, to, Garage and yard sale signs may be placed in
City right-of-way areas, not including medians, from Friday
a.m. until Sunday p.m. Seconded by Chairman Fiumara, the
motion to make the change was approved by the following
vote:
Ayes: Members Fiumara, Bradley, and Brantley
Abstention: Member Sopas
Noes: Members Cravens and Dye
9) Section 6-26-8D - Page 10 - add, in any one platted subdiv-
ision after first certificate of occupancy.
-2-
10) Section 6-26-$~ - ?a§e l0 - add - i grand Openin~ sign is
allowed iS days prior to a Grand Opening~ o~ for S0 days
after a Grand O~ening for a total of 30 days total
ailowed to have a Grand Opening sign. Grand opening sign may
also be change panel (marquee type) portable sign.
c. Satellite & Radio Receivers & Transmitters Ordinance -
approved as written.
d. MF-3 & MF-4 Zoning Ordinance - tabled.
G~nncilman Dodds then brought the Members up to date on the City Budget.
There being no further discussion, the meeting was adjourned at 10:20 p.m.
Rob~ert Fiumara, Chairman
Beve~rly opp, commiss ion Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
AUGUST 2, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a SPECIAL SESSION of the Planning and
Zoning Commission of the City of The Colony, Texas, to be held on
the 6th day of August, 1985, at 7:30, at The Colony United Methodist Church,
located at 4900 Paige Road, at which the following will be discussed:
1. Approval of minutes of July 9th and July 30th, 1985.
2. Citizens Input.
3. Public Hearing on the application of Henry Billingsley to
have the Comprehensive Zoning Ordinance and Zoning Map of
the City amended so as to give said 589 acres located south-
east of Paige Road a Planned Development (PD) for Business
Park, including MF-2 uses on any portion of subject property
located outside 250' setback from major thoroughfares.
CERTIFICATE
I hereby certify that the notice of meeting was placed on the front
door of City Hall on the 2nd day of Aught, 198~t 5:00 p.m.
Patti Jones~ity Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON AUGUST 6, 1985
A SPECIAL SESSION of the Planning and Zoning Commission of The City of
The Colony, Texas, was called to order at 7:38 p.m. with the following
members present:
Robert Fiumara Chairman
Tom Cravens Member
Earl Brantley Member
Bruce Sopas Member
David Dye Member
Harvey Bradley Member
Tim Solohubow Member
Building Inspector Bob Hutchison, City Manager Janice Carroll and City
Mayor Larry Sample were also present.
t. APPROVAL OF MINUTES OF JULY 9 AND JULY 30
Member Dye made the motion to approve the minutes of duly 9.
Seconded by Member Bradley; the motion was approved by the Following
vote:
Ayes: All members present voted "aye"
Noes: None
A motion was made by Member Brantley to approve the minutes of July 30.
Seconded by Member Dye. The motion carried with the following vote:
Ayes: All members present voted "aye"
Noes: None
2. CITIZENS INPUT
None.
3. PUBLIC HEARING ON THE APPLICATION OF HENRY BILLINGSLEY TO HAVE THE
COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED
SO AS TO GIVE SAID 589 ACRES LOCATED SOUTHEAST OF PAIGE ROAD A
PLANNED DEVELOPMENT (PD) FOR BUSINESS PARK, INCLUDING MF-2 USES ON
ANY PORTION OF SUBJECT PROPERTY LOCATED OUTSIDE 150' SETBACK FROM
MAJOR THOROUGHFARES.
After Chairman Fiumara read Item 3, Member bradley moved that the
public hearing be opened. Member Dye seconded the motion which carried
with the Following vote:
Ayes: All members present vote "aye"
Noes: None
The floor was then turned over to Mr. Henry Billingsley who presented a
plat showing the property. The plat also showed the location of
probable main thoroughfares and how they would afford access to The
Colony. He Further requested that property located outside the ]50'
setback from these thoroughfares be zoned for multi-family
construction. He felt that an overpass would be called for where Paige
and Piano Parkway come into Highway 121. Streets would be built to
same specifications as those For surrounding cities. No construction
would begin until 'right For development.' No single family zoning is
being considered. He indicated that Carrollton is doing basically the
same thing with the adjoining area.
Page ~
Planning & Zoning Commission
Minutes - August 6, !985
He explained that, even though no construction is planned for the next
Five years, zoning is being requested because of the investment
involved.
Other properties in proximity were discussed with the understanding
that IBM will ultimately build. Mayor Sample stated that we are trying --
to bring 50 to 2000 acres into the City south of Highway 121 and we are
getting there.
AFter some Further discussion about feelings of surrounding cities,
Chairman Fiumara made the motion to close the public hearing. Seconded
by Member Sopas and carried by the Following unanimous vote:
Ayes: All members present voted "aye"
Noes: None.
The meeting was opened For adjudication. After discussion of the facts
presented, Chairman Fiumara made the motion that the zoning be granted
as requested. Seconded by Member Dye. The Commission was then polled
and the motion carried as Follows:
Ayes: All members present voted "aye"
Noes: None.
With no Further items on the agenda, the meeting was adjourned at
8:20 p.m.
Robert Fiumara, Chairman
P. Ray Layman, Recording Secretary
THE CITY OF THE COLONY 4C~
DENTON COUNTY, TEXAS
AUGUST 23, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and
Zoning Commission of the City of The Colony, Texas, to be held on
the 27th day of August, 1985, at 7:30 p.m., at City Hall located
at 5576 North Colony Boulevard in The Colony, at which the follow-
ing will be discussed:
1. Approval of minutes of August 6th, 1985.
2. Citizens Input.
3. Public Hearing on the application of Kim Chau to have the
Comprehensive Zoning Ordinance and Zoning Map of the City
amended so as to give property presently zoned as Office-l,
located in the 5000 Block of Paige at S. Colony Blvd.
adjacent to The Colony Bank a Specific Use Permit for the
sale of beer and wine for on-premise consumption only.
4. Consideration of site plan and final plat for Oaks Village.
5. General Business.
CERTIFI CATE
I hereby certify that the notice of meeting was placed on the front
door of City Hall on the 23rd d~of Augu~t~ 1985, at 5:00 p.m.
Patti Jones, C~y/Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON AUGUST 27, 1985
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. with the following members
present:
Robert Fiumara Chairman
Tom Cravens Member
Bruce Sopas Member
Tim Solohubow Member
Harvey Bradley Member
Bill Sharp Member
and with Member Brantley absent, however a quorum was established. Building
Official, Eric Stanton was also present.
1. APPROVAL OF MINUTES OF AUGUST 6TH, 1985.
Member Bradley made a motion to approve the minutes of August 6th, 1985.
Seconded by Member Solohubow, the motion was approved by the following
vote:
Ayes: Members Fiumara, Cravens, Sopas, Solohubow, & Bradley
Abstention: Member Sharp
Noes: None
2. CITIZENS INPUT.
None.
3. PUBLIC HEARING ON THE APPLICATION OF KlM CHAU TO HAVE THE COMPREHENSIVE
ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE PRO-
PERTY PRESENTLY ZONED AS OFFICE-l, LOCATED IN THE 5000 BLOCK OF PAIGE
AT S. COLONY BLVD. ADJACENT TO THE COLONY BANK A SPECIFIC USE PERMIT FOR
THE SALE OF BEER AND WINE FOR ON-PREMISE CONSUMPTION ONLY.
The applicant withdrew his request.
4. CONSIDERATION OF SITE PLAN AND FINAL PLAT FOR OAKS VILLAGE.
Chairman Fiumara had a letter received from the Colony Chamber of Commerce
which is attached to the original minutes.
Judy Oaks, and Tim Lackey, Engineer, were present to answer any questons.
Members decided after lengthy discussion to not recommend approval until
the following items had been resolved:
a. Receive letter from M.U.D. on approval of utilities.
b. Review a landscape plan.
c. Show median cut on plat.
d. Show 6 foot masonry screening fence on plat.
e. Easement needs to be shown on plat for pedestrian
cross-over.
5. GENERAL BUSINESS.
Mr. Stanton discussed with members what would be on the next agenda for
September 10th.
There being no further discussion, the meeting was adjourned at 8:45 p.m.
Ro ert Fiumara, C~airman
Beverly Nope, Commission Secretary
THE COLONY, TEXAS 75056
Mr. Harry Hunsicker
300 Turtle Creek Village
Dallas, TX 75219
Dear Harry:
A Chamber of Commerce has two major purposes for its existence: to
assist in the development of the whole community, and to assist in the growth
and maintenance of a healthy economy for local business. It is because of
these goals that the Board of Directors has asked me to offer our help in
promoting the success of the two shopping centers which you own in The Colony.
There are 'currently eight vacancies in these centers. While this is not
unusual we would like to offer our help in filling those spaces previously
occupied by Happ~ Joe's and Paradise Restaurants, the veterinary clinic, the
executive suites, the carpet store, and others.
There seems to be an exodus beginning to Highway 423 and newer retail
space. As a Chamber we are interested in maintaining a balance in the retail
development of the area. The Colony's retail people must compete with the
most modern and sophisticated shopping centers that exist in the Metroplex.
With this in mind, we would really like to help make the local retail centers
................. bett~r'."able'to'g~e the Carrollton and North Dallas areas a "run for their
money."
Often excessive frequency and amoDnt of rent increases can drain
investment capital from both new and e~tablished businesses. In addition,
difficulty with management accessibility for both the prospective business
and the current tenants causes problems. We have had approximately 40
'business prospects in the Chamber office this year asking about lease space.
We would like to do anything we can to help them make connections with your
company and improve the salability of your lease spaces. We recognize that
these centers are only two of many work responsibilities, but we are interested
in offering our help.
The city tells us that within 18 months Paige Road will connect with
Plano Parkway. Other roads will soon connect to Highway 121 near this eastern
side of town. Paige will become even more of a major thoroughfare than it is
now. Your centers'will be the last retail areas to be seen on exit and the
first to be seen on entrance to the city. The potential is great for much
heavier use of the businesses in the centers. Your centers still offer the
lowest rents of all our retail space, have the possibility of housing more
and can be very competitive.
Mr. Harry Hunsicker - 2 - August 22, 1985
The Colony Chamber of Commerce, as you know, is still a toddler, but
we are gradually gaining in ability to serve the stated purposes. We have
been working hard to promote business coming in and to encourage loca!
shopping. Some of our programs are:
1. We provide packets of information about the :city to prospective
businesses and offer referrals to lease management for the
retail centers.
2. We publish a local Shoppin~ Guide to distribute to every
household.
3. W~ have formed a Business and Merchants Council o~en to businesses
serving the city. This group has officers representing both
retail centers, and they work on issues important to business.
Their shopping promotion committee recently held two successful
campaigns. The August 17 auction resulted in $100,000 in cash
receipts being exchanged for the promotional event.
4. We work with the city government to encourage a pro-business
atmosphere and to cooperate on local business issues such as
sign ordinances' and outside sales.
We feel it is our responsibility to member businesses (now 110) and the
city at large to offer any assistance we can as a Chamber. You have been very
supportive of t~e Chamber of Commerce and its programs, and you have consid-
erable investment of time, energy and money here in The Colony. The Chamber
has sim/lar investments for the long range growth a~d general welfare of our
city.
We want to be of help and feel these two centers need special emphasis
. amidst an increasing number of developments in the city. We would like to
"' ..... meet-.with you~ .Dale.and Judy.. In fact, we feel it is imperative that we meet
to-address the areaS.discussed above. Please consider this carefully and let
us know as soon as possible when we could meet.
Thank you for your attention.
Most sincerely,
Price Robertson
President
cc: Judy Oaks
Janice Carroll, City Manager
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
SEPTEMBER 6, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zoning
Commission of the City of The Colony, Texas, to be held on the 10th day
of September, 1985, at 7:30 p.m., at the Colony United Methodist Church,
located at 4901 Paige Road in The Colony, at which the following will
be discussed:
1. Approval of minutes of August 27, 1985.
2. Citizens Input.
3. Public Hearing on the application of the City of The Colony to amend
the Comprehensive Zoning Ordinance, Appendix A-Zoning, by adding
regulations relating to satellite and radio receivers and transmitters;
to amend paragraphs (1) and (48) to Section 25-101 relating to defini-
tions; adding new paragraph (Al) to Section 11-702(3) relating to
accessory buildings and structure regulations; and to amend Section
12-102 relating to special height restrictions.
4. Public Hearing on the application of the City of The Colony to amend
the Comprehensive Zoning Ordinance No. 61, Section 10-301, Paragraph
(14) relating to definition of Home Occupation; to amend Section 11-
702(3)(b); and to amend Section 17-100 relating to site plan.
5. Public Hearing on the application of the City of The Colony to amend
the Comprehensive Zoning Ordinance, Appendix A, by adding a Multiple-
Family 3 and Multiple-Family-4 zoning district.
6. Review and consideration of the Sign Ordinance, amending Chapter 6
Article II, Sections 6-20 through 6-62, and enacting a new Chapter 6,
Article II.
7. Review and consideration of In-Home Child Care Ordinance, amending
Chapter 13.
CERTIFI CATE
I hereby certify that the notice of meetin~ was pla~c~ on the front door
of City Hall at 5:00 p.m. on the 6th of tember, ~
a~~i''~''ty Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION A
OF THE CITY OF THE COLONY
HELD ON SEPTEMBER 10, 1985
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. with the following members present:
Robert Fiumara Chairman
Tom Cravens Member
Earl Brantley Member
Bruce Sopas Member
Harvey Bradley Member
Bill Sharp Member
and with Member Solohubow absent; however a quorum was established. Also present
was Eric Stanton, Building Official.
1. APPROVAL OF MINUTES OF AUGUST 27, 1985.
A motion was made by Member Cravens to approve the minutes of August 27, 1985.
Seconded by Member Bradley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
2. CITIZENS INPUT.
None.
7. REVIEW AND CONSIDERATION OF IN-HOME CHILD CARE ORDINANCE, AMENDING CHAPTER 13.
Since the majority of those present from the public were at the meeting to speak
on this item, Chairman Fiumara went on to this item next on the agenda.
Chairman Fiumara briefly explained that this is not a public hearing, only review
and consideration of the in-home child care ordinance that Planning & Zoning is
proposing. He added that Planning & Zoning has been working on this issue for a
little over two years now since several complaints had been received. He assured
everyone present that anyone who wished to speak out would be allowed to do so.
Chairman Fiumara then turned the meeting over to Building Official, Eric Stanton,
who stated that staff had asked the city's attorney to come up with an ordinance
licensing in-home child care. Basically this ordinance follows the same guide-
lines as the State Law that requires anyone that cares for a child other than their
own~ in their own'home~ must be registered. He further added that the State
does not actively inspect homes unless they receive complaints. The concern of the
commission is the safety of the children, and this ordinance will give the city
the power to inspect and control homes in The Colony by requiring local home day
cares to be licensed. The guidelines for the inspections will be basically the
same as the state with a few changes. The proposed recommended fee for this in-
spection is $50.
Chairman Fiumara then asked if anyone in the audience wished to speak. Carol
Lidderdale, 5217 Bartlett, stated she didn't see why a fee had to be paid to the
city to have their homes inspected. She asked what the $50 fee would cover. Chair-
man Fiumara stated the fee would cover the cost for the inspector to make the in-
spection, the paperwork invloved, and for a police check. She further asked how
often the inspections will be made. Mr. Stanton answered there will be an initial
inspection when a permit is first applied for, and any other inspections will be
on an interim basis at the inspector's discretion. Ms. Lidderdale also asked
about the filling out of menus as required by state, and was told the filling out
of menus would be the same as for~the state. Debbie Williams, 5109 Pruitt, stated
she had called the City of Irving this date, the only other city she knows that
requires what the City of The Colony is proposing, and found they only charge $10
to do the exact same thing, and she wanted to know what the difference is for The
Colony to charge so much more. She further added that she not only has a
complaint about the $50 charge but about the whole ordinance requiring a permit
with the city, stating she follows all state guidelines and does not think The
Colony should get involved. Linda Ponce, 5069 Nash, stated she was at a meeting
with Planning & Zoning when this was discussed over 2 years ago, and she feels
the city should be more concerned with the unregistered day cares and the only ones
who will be hurt by this new proposed ordinance will be the ones who are already
registered. She added that she does not have a complaint with the money, but
doesn't think this new ordinance will work because the~city will not be able to
find out who all the unregistered people are. Chairman Fiumara again emphasized
to Ms. Ponce that the reason the Planning & Zoning Commission is proposing this
-2-
ordinance is so 'that the city will have some means to enforce the regulations
for in-home day cares and those that are not registered. Right now the city
has no means of enforcing regulations. Mrs. Lindsey, 5065 Nash, stated she has
been registered with the state since the first of March and she had had an in-
spector from Denton County come out and inspect her home and also her spa for
safety. Linda Peterson, 6029 Blair Oaks, stated she has been registered with
the state for 6 years and of those 6 years, an inspector from Denton County
has inspected her home twice. Guyla Powers, 5645 Powers, stated she thought
there was already an ordinance on the books for over 3 children. Karen
Drahos, 5132 Alpha, stated she has been registered with the state since April
and she wants to know what the city plans on doing with the $50 charge. She
also wanted to know what the point of the ordinance is and does not feel the
city should interfere with the in-home day cares. She further asked if there
was an ordinance prohibiting babysitting in the home. Chairman Fiumara
answered there is not. Terry Parks, 5433 Gates, asked who proposed this
ordinance. Chairman Fiumara again answered this was brought up over two years
ago when the city had received several complaints. Rebea Stearns, 5016 Thomp-
son, stated she had worked for several commercial day care centers and they
just don't care about children. She added she gives all her children a lot
of love and cares about all of them. Betty Narfus, 5405 N. Colony Blvd., asked
Chairman Fiumara how he proposes finding the unregistered child care homes.
Chairman Fiumara replied through complaints and through other registered
mothers turning them in. Lavelle Garner, 5640 Terry, wanted to know why the
city couldn't find out those that are not registered with the state and fine
them instead of making those who are registered get a permit and pay a fee.
Chairman Fiumara replied since there is no ordinance on the books, there would
not be any way to write any fines until an ordinance is on the books. Patricia
Smyth, 5404 Russell, stated she is a parent who leaves her child with a
private sitter. She added she did not want her child at a commercial day
care, and stated the city should not penalize those homes that are registered
with the state. Darnell Martin, 5216 Aztec, stated she is registered and
licensed with the state and added if the city is going to charge a $50 fee,
the inspectors should come out to inspect homes at least 3 or 4 times per
year. She also said she would like to see proof of the complaints the city
has been receiving. Susan Dennis, 5145 Ragan, stated she has been registered
with the state for a little over 12 years, and that she had turned in
several complaints to the state who did inspect and follow up on these
complaints. She further stated the $50 charge the city proposes she does
not feel would get any more of the unregistered home than the state could do.
She added she has lived in The Colony for 4 years and the state had not come
out to inspect her home on their own since that time. Brenda Khastehdel,
5101 Gilliam Circle, is concerned with the $50 inspection fee being too high,
and asked if inspections are really needed. Pat Giordano, 5056 Avery Lane,
stated she has been registered for 4 weeks with the state and she had talked
with Denton County and they did tell here they would be coming out to inspect
her home. Darla Wilson, 4635 Carr, has been registered with the state since
May. She suggested making it a law that if you are not registered with the
state to be fined, but to make the ordinance worthwhile by the city offering
something for the sitters in return such as workshops or classes on safety.
At this point, Member Cravens made a motion to table this item until the next
regular scheduled meeting on September 24, and suggested during the time
between now and then, form a committee amongst the sitters and appoint a
spokesperson tO come back to the next meeting with everyones suggestions.
Linda Ponce, 5069 Nash, stated she would be the spokesperson and would be
getting in touch with the sitters to hold a meeting. The sitters were told
the next meeting would be held in The Colony United Methodist Church. The
motion was seconded by Member Sopas and approved by the following vote:
Ayes: All members present voted aye
Noes: None
At this time, members took a 5 minute break and then continued on to Item
No. 3.
3. PUBLIC HEARING ON THE APPLICATION OF THE CITY OF THE COLONY TO AMEND
THE COMPREHENSIVE ZONING ORDINANCE, APPENDIX-A ZONING, BY ADDING
REGULATIONS RELATING TO SATELLITE AND RADIO RECEIVERS AND TRANSMITTERS:
TO AMEND PARAGRAPHS (1) AND (48) TO SECTION 25-101 RELATING TO DEFINI-
TIONS: ADDING NEW PARAGRAPH (Al) TO SECTION 11-702(3) RELATING TO
ACCESSORY BUILDINGS AND STRUCTURE REGULATIONS: AND TO AMEND SECTION
12-102 RELATING TO SPECIAL HEIGHT RESTRICTIONS.
-3- 426
A motion was made by Member Bradley to open the public hearing. Seconded by
Member Sopas, the motion was approved by the following vote:
Ayes: Ail members present voted aye
Noes: None
Eric Stanton stated this was the same ordinance that Planning & Zoning members
had looked at previously. Chairman Fiumara then asked for any discussion.
Member Sharp had a question about the 36" diameter and was told that applied
to those satellite dishes mounted on roofs. Satellite dishes are not to b&
seen from the front of a house.
There being no further discussion, Member Bradley made a motion to close the
public hearing. Seconded by Member Sopas, the motion was approved by the
following vote:
Ayes: Ail members present voted aye
Noes: None
Member Bradley made a motion to approve the ordinance as written. Seconded by
Member Sharp, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
4. PUBLIC HEARING ON THE APPLICATION OF THE CITY OF THE COLONY TO AMEND
THE COMPREHENSIVE ZONING ORDINANCE NO. 61, SECTION 10-301, PARAGRAPH
(14) RELATING TO DEFINITION OF HOME OCCUPATION; TO AMEND SECTION 11-
702(3)(b); AND TO AMEND SECTION 17-100 RELATING TO SITE PLAN.
Member Sopas made a motion to open the public hearing. Seconded by Member
Bradley, the motion was approved by the following vote:
Ayes: Ail members present voted aye
Noes: None
Chairman Fiumara asked Mr. Stanton if this ordinance had any changes to it
and Mr. Stanton replied there was a typing error on Paragraph B, next to
last sentence. It is corrected to read ..., except that carports accessed
from an alley so constructed in a "D" district shall be set back from the
rear property line a minimum distance of three (3) feet from the exterior
posts allowing a maximum overhang of 1½ feet.
There being no further discussion, Member Bradley made a motion to close the
public hearing. Seconded by Member Sopas, the motion was approved by the
following vote:
Ayes: All members present voted aye
Noes: None
Member Bradley made a motion to approve the ordinance as written. Seconded
by Member Sopas, the motion was approved by the following vote:
Ayes: Ail members present voted aye
Noes: None
5. PUBLIC HEARING ON THE APPLICATION OF THE CITY OF THE COLONY TO AMEND
THE COMPREHENSIVE ZONING ORDINANCE, APPENDIX A, BY ADDING A MULTIPLE-
FAMILY 3 AND MULTIPLE-FAMILY-4 ZONING DISTRICT.
Member Bradley made a motion to open the public hearing. Seconded by Member
Sopas, the motion was approved by the following vote:
Ayes: Ail members present voted aye
Noes: None
There being no discussion, Member Bradley made a motion to close the public
hearing. Seconded by Member Sopas, the motion was approved by the following
vote:
Ayes: Ail members present voted aye
Noes: None
Member Bradley made a motion to approve the ordinance as written. Seconded
by Member Sopas, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
~ V -4-
6. REVIEW AND CONSIDERATION OF THE SIGN ORDINANCE, AMENDING CHAPTER 6
ARTICLE II, SECTIONS 6-20 THROUGH 6-62, AND ENACTING A NEW CHAPTER 6,
ARTICLE II.
Mr. Stanton stated this ordinance incorporates all the changes the Planning
& Zoning members had requested, and also included a provision on inflatible
signs. Also in the first ordinance members read "for attached signs for
business, you shall have 100 square feet atta~ed sign." That is supposed
to have read, "per street frontage." A change was also made on the gasoline
pricing signs stating that the "gasoline pricing sign must be on the island or
it may be incorporated in the site monument sign." Also on the temporary
signs, he went through and indicated which ones required a permit. Discussion
followed, afterwhich Member Bradley made a motion to approve the ordinance
as written. Seconded by Member Sopas, the motion was approved by the
following vote:
Ayes: Ail members present voted aye
Noes: None
There being no further discussion, the meeting was adjourned at 9:40 p.m.
· umara, Chairman
~p~ion Secretary
DENTON COUNTY, TEXAS
SEPTEMBER 20, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zoning
Commission of the City of The Colony, Texas, to be held on the 24th day
of September, 1985, at 7:30 p.m., at the Colony United Methodist Church,
located at 4901 Paige Road in The Colony, at which the following will be
discussed:
1. Approval of Minutes of September 10, 1985.
2. Citizens Input.
3. Review and consideration of site plan approval for Lombard Plaza.
4. Review and consideration of final plat and site plan for Oaks
Village.
5. Review and consideration of In-Home Child Care Ordinance, amending
Chapter 13.
6. Consideration of request from council.
CERTIFICATE
I hereby certify that the above notice of meeting was placed on the
front door of city hall at 5:00 p.m~,~at the 20th day of September, 1985.
Patti Jones,~itY Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON SEPTEMBER 24, 1985
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. with the foIlowing
members present:
Robert Fiumara Chairman
Tom Cravens Member
Bruce Sopas Member
Tim Solohubow Member
Earl Brantley Member
Harvey Bradley Member
Bill Sharp Member
and with no members absent; thus a quorum was established. Also present
was Building Official, Eric Stanton.
1. APPROVAL OF MINUTES OF SEPTEMBER 10, 1985.
Member Sopas made a motion to approve the minutes of September 10, 1985.
Seconded by Member Bradley, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
2. CITIZENS INPUT.
None.
3. REVIEW AND CONSIDERATION OF SITE PLAN APPROVAL FOR LOMBARD PLAZA.
Since no representative was present for Lombard Plaza, this item was tabled.
4. REVIEW AND CONSIDERATION OF FINAL PLAT AND SITE PLAN FOR OAKS VILLAGE.
Since no representative was present for Oaks Village, this item was tabled.
5. REVIEW AND CONSIDERATION OF IN-HOME CHILD CARE ORDINANCE, AMENDING
CHAPTER 13.
At this time, Chairman Fiumara turned the meeting over to Member Sopas who
stated he had been in contact with Linda Ponce, spokesperson for the baby-
sitters, and she said due to the proposed ordinance being quite lengthy,
they would not be able to go through it all and be ready for the meeting
this date. Member Sopas made a motion at this time to table this ordinance
leaving in-home child care as a home occupation, the way it already is.
Seconded by Member Cravens, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
6. CONSIDERATION OF REQUEST FROM COUNCIL.
Building Official, Eric Stanton, stated he has the following two requests
from council for the commission:
1. Request for Planning & Zoning to conduct a public hearing raising the
minimum square footage on single family homes from 1100 square feet
to 1400 square feet.
Chairman Fiumara stated to place this item on the agenda for the 2nd
meeting in October in order to have time to advertise in the news-
paper, providing the commission is given specific information on what
is included in this request, and also some traffic counts.
2. Request a joint work session for September 30, 1985 with council at city
hall.
All members agreed to this joint work session.
There being no further discussion, the meeting was adjourned at 7:46 p.m.
~obe'rt Fiumara, Chairman
~ ~sion
mopp, omm Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
OCTOBER 4, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zon-
ing Commission of the City of The Colony, Texas, to be held on the
8th day of October, 1985, at City Hall, located at 5576 North ColonY
Boulevard, at 7:30 p.m. at which the following will be discussed:
1. Approval of minutes.
2. Citizens Input.
3. Public Hearing on the application of the L. H. Lacy Co. for a
change of zoning from single family to temporary specific use
zoning on property presently located 900 feet east of N. Colony,
and 450 feet south of N. Colony Extension.
4. Public Hearing on the application of Henry Billingsley on a change
of zoning from agriculture to planned development area allowing
Business Park, and MF-2 uses on approximately 50 acres located
immediately adjacent to the southeast border of the recently
annexed 589 acres south of 121.
CERTIFICATE
I hereby certify that the above notice of meeting was posted on the
front door of City Hall at 5:00 p~~1985.
Patti ~nes~, City Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON OCTOBER 8, 1985
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. with the following members
present:
Robert Fiumara Chairman
Tom Cravens Member
Earl Brantley Member
Harvey Bradley Member
Tim Solohubow Member
Bill Sharp Member
and with Member Sopas absent; however a quorum was established. Also present
was Building Official, Eric Stanton.
1. APPROVAL OF MINUTES.
Member Solohubow made a motion to approve the minutes of September 24, 1985.
Seconded by Member Sharp, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
2. CITIZENS INPUT.
None.
3. PUBLIC HEARING ON THE APPLICATION OF THE L. H. LACY CO. FOR A CHANGE OF
ZONING FROM SINGLE FAMILY TO TEMPORARY SPECIFIC USE ZONING ON PROPERTY
PRESENTLY LOCATED 900 FEET EAST OF N. COLONY, AND 450 FEET SOUTH OF N.
COLONY EXTENSION.
Member Cravens made a motion to open the public hearing. Seconded by Member
Brantley, the motion was passed by the following vote:
Ayes: All members present voted aye
Noes: None
Member Cravens stated he would like to see this zoning ordinance Changed to
allow staff to issue a temporary specific use permit without having to come
before the Planning and Zoning Commission. Mr. Stanton stated he would get
with City Manager, Janice Carroll about this. There being no further discussion,
Member Cravens made a motion to close the public hearing. Seconded by Member
Brantley, the motion was passed by the following vote:
Ayes: All members present voted aye
Noes: None
Member Cravens made a motion to approve the request of the L. H. Lacy Co. for
a change of zoning from single family to temporary specific use zoning on pro-
perty presently located 900 feet east of N. Colony and 450 feet south of N.
Colony Extension. Seconded by Member Brantley, the motion was approved by the
following vote:
Ayes: All members present voted aye
Noes: None
4. PUBLIC HEARING ON THE APPLICATION OF HENRY BILLINGSLEY ON A CHANGE OF ZONING
FROM AGRICULTURE TO PLANNED DEVELOPMENT AREA ALLOWING BUSINESS PARK, AND MF-2
USES ON APPROXIMATELY 50 ACRES LOCATED IMMEDIATELY ADJACENT TO THE SOUTHEAST
BORDER OF THE RECENTLY ANNEXED 589 ACRES SOUTH OF 121.
This item was tabled and will be continued at the next regularly scheduled meet-
ing on October 22, 1985.
There being no further discussion, the meeting was adjourned at 8:05 p.m. ~R~ er~t F~i~hairman
Beverly Nope, Commission Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
OCTOBER 18, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and Zon-
ing Commission of the City of The Colony, Texas, to be held on the
22nd day of October, 1985, at City Hall, located at 5576 North Colony
Boulevard, at 7:30 p.m. at which the following will be discussed:
1. Approval of minutes.
2. Citizens input.
3. Public Hearing on the application of the city of The Colony
regarding amending Section 11-301 of the Comprehensive Zoning
Ordinance and Zoning Map of the city by raising the current
square footage requirements of single family homes from 1100
to 1400 square feet.
4. Public Hearing on the application of Henry Billingsley on a
change of zoning from agriculture to planned development area
allowing Business Park, and MF-2 uses on 53.1 acres located
immediately adjacent to the southeast border of the recently
annexed 589 acres south of 121.
5. Review and consideration of site plan approval for ground sign
for McDonalds.
6. General business to discuss future ordinances.
CERTIFICATE
I hereby certify that the above notice of meeting was posted on the
front door of City Hall at 5:00~m. on OctOber 18, 1985.
P~at~i Jones, ~ty Secretary
MINUTES OF THE PLANNING AND ZONING COMMISSION 4 ~
OF THE CITY OF THE COLONY
HELD ON OCTOBER 22, 1985
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. with the following members present:
Robert Fiumara Chairman
Tom Cravens Member
Bruce Sopas Member
Harvey Bradley Member
Earl Brantley Member
Tim Solohubow Member
Bill Sharp Member
1. APPROVAL OF MINUTES.
Member Bradley made a motion to approve the minutes of October 8, 1985. Seconded
by Member Sharp, the motion was approved by the following vote:
Ayes: Members Fiumara, Cravens, Bradley, Brantley,
Solohubow, and Sharp
Abstention: Member Sopas
Noes: None
2. CITIZENS INPUT.
Dick Weaver, 4940 Hackney Lane, asked if the county had started grading for their
building on the far side of 423. Mr. Stanton replied they have started working on
the pad but they have not received a building permit yet. Mr. Weaver then stated
that it looked like the ground was being leveled in the wrong place. Mr. Stanton
replied that basically there is no wrong place, they have 5 acres and can place
their building wherever they want as long as they follow the setback guidelines.
Mr. Dale Flethcer, 4705 Strickland, asked if there were any other areas zoned for
apartments, and Mr. Stanton replied at present there is just the one area that is
already zoned for apartments located across 423 just south of the county property
and running down to approximately right across from the new 7-11 on S. Colony.
5. REVIEW AND CONSIDERATION OF SITE PLAN APPROVAL FOR GROUND SIGN FOR McDONALD'S.
At this time, the meeting was turned over to Mr. Stanton who stated that Council
has just passed the new sign ordinance and one of the requirements is that all
ground signs must receive site plan approval. McDonald's is requesting a ground
sign 10 feet from the property line, approximately 100 square feet in area with
dimensions of approximately 8'X 12' and some odd inches. Mr. Craig Simpson, re-
presentative of McDonald's was present to answer any questions. He stated the sign
will be located approximately 110 feet north and 30 feet east of the building.
Mr. Simpson further stated they will mount the sign on a pole and then brick
around it, and the sign itself will be about 8 feet high and 12 feet across. Dis-
cussion followed, afterwhich Member Bradley made a motion to approve the site plan
for the ground sign for McDonald's. Seconded by Member Cravens, the motion was
approved by the following vote:
Ayes: All members present voted aye
Noes: None
4. PUBLIC HEARING ON THE APPLICATION OF HENRY BILLINGSLEY ON A CHANGE OF ZONING
FROM AGRICULTURE TO PLANNED DEVELOPMENT AREA ALLOWING BUSINESS PARK, AND MF-2
USES ON 53.1 ACRES LOCATED IMMEDIATELY ADJACENT TO THE SOUTHEAST BORDER OF
THE RECENTLY ANNEXED 589 ACRES SOUTH OF 121.
Member Bradley made a motion to open the public hearing. Seconded by Member Sopas,
the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Mr. Henry Billingsley was present and had an aerial drawing showing the subject
property. He stated the future extension of Marsh Lane will go right up beside the
property and will have about 1500 feet of frontage on it. The railroad track will
be the western boundary of the property. He further added that they are asking for
the same type of zoning as requested for the previously annexed 589 acres. Dis-
cussion followed on when the road would be put in and Mr. Billingsley stated he
estimates about 14 months. General discussion followed, afterwhich a motion was
made by Member Sopas to close the public hearing. Seconded by Member Brantley,
the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
A motion was then made by Member Bradley to approve the change of zoning from
agriculture to planned development area allowing Business Park, and MF-2 uses on
53.1 acres located immediately adjacent to the southeast border of the recently
annexed 589 acres south of 121. Seconded by Member Sharp, the motion was approved
by the following vote:
Ayes: All members present voted aye
Noes: None
At this time, members took a 5 minute break.
3. PUBLIC HEARING ON THE APPLICATION OF THE CITY OF THE COLONY REGARDING
AMENDING SECTION 11-301 OF THE COMPREHENSIVE ZONING ORDINANCE AND ZONING
MAP OF THE CITY BY RAISING THE CURRENT SQUARE FOOTAGE REQUIREMENTS OF
SINGLE FAMILY HOMES FROM 1100 TO 1400 SQUARE FEET.
A motion was made by Member Bradley to open the public hearing. Seconded by Mem-
ber Sharp, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
At this time, Chairman Fiumara asked for any discussion or input from the
audience. Larry Ludwig, and Bill Allen representatives of Fox & Jacobs, were
present and stated they were against raising the minimum square footage require-
ments from 1100 to 1400 square feet. Mr. Stanton assured Mr. Ludwig and Mr. Allen
that the proposed change of minimum square footage requirements would effect only
unplatted property.
Mr. Ludwig went on to state they have two main concerns right now, the northeast
planning unit and another area to the west of 423 that is now under contract. He
further suggested that the proposed change of minimum square footage requirements
be raised to only 1250 square feet instead of 1400 square feet. Member Sopas
asked what size homes Fox & Jacobs are currently building, and Mr. Ludwig stated
the smallest size model home is 1320 square feet. Discussion followed, after-
which Member Cravens stated he thinks the city should have multiple zoning
classifications in single family areas such as SF-1, SF-2, SF-3, etc. He further
added that we need to define the house size and the lot size. Member Sopas asked
what is the average size house that Fox & Jacobs is selling now, and Mr. Allen
replied that about 30% of homes being sold now are 1320 square feet, and about 35%
are the next step up in size. Discussion continued during which Mr. Allen stated
that raising the minimum square footage requirements from 1100 to 1400 square feet
would have a definite impact on Fox & Jacob's business and he would like to have
the consideration of the Planning & Zoning Commission on their approval of this
request. A concern was further stated by Chairman Fiumara that if the square
footage requirements are not raised, it would only encourage more investors to
buy homes in The Colony and rent them out. Mr. Ludwig disagreed with this state-
ment. Mr. Ludwig then asked if there were any plans for changing the density or lot
sizes. Chairman F~umara stated the Planning & Zoning Commission will be reviewing
lot sizes in the near future. General discussion continued afterwhich Member Sopas
made a motion to close the public hearing. Seconded by Member Bradley, the motion
was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Member Bradley then made a motion to approve the request of the city of The Colony
regarding amending Section 11-301 of the Comprehensive Zoning Ordinance and
Zoning Map of the city by raising the current square footage requirements of
single family homes from 1100 to 1300 square feet instead of 1400 square feet.
Seconded by Member Sopas, the motion was approved by the following vote:
Ayes: Members Bradley, Solohubow, Sopas, Sharp, and Fiumara
Noes: Members Cravens and Brantley
6. GENERAL BUDINESS TO DISCUSS FUTURE ORDINANCES.
Members would like copies of requirements for single family classiciations
of surrounding cities to use as guidelines for creating a bonus plan for
single family classification for The Colony, therefore this item will be
continued at the next regularly scheduled meeting until they receive the above
requested information.
There being no further discussion, the meeting was adjourned at 9:05 p.m.
Beverly Nopp, Commission Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
NOVEMBER 8, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and
Zoning Commission of the City of The Colony, Texas, to be held on
the 12th day of November, 1985, at City Hall, located at 5576
North Colony Boulevard, at 7:30 p.m., at which the following will
be discussed:
1. Approval of minutes.
2. Citizens Input.
3. Review and consideration of site plan approval for LaBelle
Cream to be located at Paige and S. Colony Boulevard.
4. Public Hearing on an application for a change of zoning from
agricultural to planned development on approximately 125 acres
located immediately adjacent to and south of Highway 121.
5. Review and consideration of site plan approval for Lombard
Development Co. at No Colony and Main (423).
6. General Business to discuss future ordinances.
CERTIFICATE
I hereby certify that the above notice of meeting was placed on the
front door of City Hall at 5:00 p.m. on November 8, 1985.
Sharon E. Sebera, Deputy City Secretary
MINUTES OF THE PLANNING & ZONING MEETING
OF THE CITY OF THE COLONY
HELD ON NOVEMBER 12, 1985
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. with the following members
present:
Robert Fiumara Chairman
Bruce Sopas Member
Tim Solohubow Member
Bill Sharp Member
and with Members Brantley, Bradley,~ and Cravens absent; however a quorum was
established. Also present were Eric Stanton, Building Official, and Janice
Carroll, City Manager.
1. APPROVAL OF MINUTES.
A motion was made by Member Sopas to approve the minutes of October 22, 1985.
Seconded by Member Solohubow, the motion was approved by the following vote:
Ayes: Ail members present voted aye
Noes: None
2. CITIZENS INPUT.
Walt Comstock, 4607 Jenkins Cr., addressed the board and wanted an interpre-
tation of revised ordinance no. 61, section 10-301, in reference to parking
of trucks on property. He stated he is in the sprinkler system business and
has 3 trucks which he keeps parked on his property that are half ton and
three-quarters ton trucks. They have his business advertising on the side of
the truck, however he stated they are not parked in the same spot every day
because they are used as transportation to and from work. The business, he
stated, is not run out of his home. Only one of the trucks has materials
stowed on it because he is on call 24 hours a day. He stated he received a
notice stating he was to remove the vehicles within a certain amount of time
and he wanted to know why. Mr. Stanton gave a copy of the ordinance to Chair-
man Fiumara. After discussion, Mr. Comstock was advised that enforcing
ordinances or the interpretation thereof is not up to the Planning & Zoning
Commission and would have to be left up to the judge if he receives a citation.
Mr. Comstock was further advised that he would be receiving a notice of when
to contact the court clerk to set up a court date.
4. PUBLIC HEARING ON AN APPLICATION FOR A CHANGE OF ZONING FROM AGRICULTURAL
TO PLANNED DEVELOPMENT ON APPROXIMATELY 125 ACRES LOCATED IMMEDIATELY
ADJACENT TO AND SOUTH OF HIGHWAY 121.
A motion was made by Member Sopas to open the public hearing. Seconded by
Member Solohubow, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Chairman Fiumara then turned the meeting over to Mr. Stanton to bring the
commission up to date on this. Mr. Stanton stated that Mr. J. O White has
requested a zoning change from agricultural to Planned Development allowing
Business Park and MF-2. The annexation process has been started. Chairman
Fiumara then asked exactly where the property is located. Dave Ridley, of
Russell Coffee and Co. representing Mr. J. O. White, was present. He stated
the subject property is the last property abutting Frito Lay, EDS, & IBM.
Ms. Carroll at this time added for Planning & Zoning's information that this
piece of property has become very valuable and the city has been working
very closely with Mr. Ridley and the owners of the property. They have
petitioned to come into The Colony and want to come into The Colony. Chairman
Fiumara asked if there were any restrictions on this property. Mr. Ridley
stated they are asking for Business Park zoning throughout with the option
of multi-family development. He stated the application for zoning change was
for blanket multi-family, however the value of the property being what it is, there
will not be much multi-family development on it. He stated further they
basically duplicated Mr. Billingsley's application for a zoning change. Chair-
man Fiumara then stated that on Mr. Billingsley's property there are some
restrictions of building for several years and asked Mr. Ridley if this pro-
perty had any restrictions like that. Mr. Ridley stated the plans are
basically to put in Marsh and McDermott roads within 18 to 24 months after
working things out with the city of Piano. They also have to provide sewage
and utilities to the property so any building at all would not take
place for at least 24 months. Discussion followed.
At this time, Member Brantley did arrive.
There being no further questions, Member Sopas made a motion to close
the public hearing. Seconded by Member Sharp, the motion was approved
by the following vote:
Ayes: Ail members present voted aye
Noes: None
Chairman Fiumara then made a motion to approve the request for change of
zoning from agricultural to planned development on approximately 125 acres
located immediately adjacent to and south of Highway 121. Seconded by
Member Sopas, the motion was approved by the following vote:
Ayes: Members Sopas, Solohubow, Sharp, & Fiumara
Abstention: Member Brantley
Noes: None
5. REVIEW AND CONSIDERATION OF SITE PLAN APPROVAL FOR LOMBARD DEVELOPMENT
COMPANY AT N. COLONY AND MAIN (423).
At this time, the meeting was turned over to Mr. Stanton who stated the site
plans are being delivered to Planning & Zoning this evening. He further
stated that staff has not had any problems with Lombard in the past and
doesn't anticipate any tonight. He further stated a letter has been
received from Bill Hall stating these plans have been approved by M.U.D.
Site plans were passed out at this time. Mr. Robert Baker, representing
Lombard Development Co., was present to answer any questions. Mr. Stanton
asked if they had received State Highway Department approval for cuts and
Mr. Baker replied they had. Member Brantley had a question on drainage of
surface water along the alley by the retaining wall. Discussion followed,
afterwhich Member Brantley made a motion to approve the site plan for
Lombard Development Co. at N. Colony & Main (423) contingent upon the
approval of the city's engineer review of the plans on surface drainage
of water between building, parking area, and screening wall on south side
of property from east to west end and adjacent to property line of the
southwest property line. After the engineer's approval, they to contact
either Eric Stanton, or Janice Carroll. Seconded by Member Sharp, the
motion was approved by the following vote:
Ayes: Ail members present voted aye
Noes: None
At this time, members took a 5 minute break.
3. REVIEW AND CONSIDERATION OF SITE PLAN APPROVAL FOR LABELLE CREME
TO BE LOCATED AT PAIGE & S. COLONY BLVD.
Tabled - no representative present.
6. GENERAL BUSINESS TO DISCUSS FUTURE ORDINANCES.
Eric Staton stated a breakdown of various cities on single family zoning
was included in members packets. Discussion followed afterwhich it was
suggested that at the next regularly scheduled meeting, members would be
provided with a map of the city, divide it up into 4 or 5 sections and
start working on it.
There being no further discussion, the meeting was adjourned at 9:05 p.m.
Robert FiUmara, Chairman
Beverly No,Op, Commission Secretary
THE CITY O¥ THE COLONY
DENTON COUNt/, TEXAS
NOVEMBER 21, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning and
Zoning Commission of the City of The Colony, Texas, to be held on
the 26th day of November, 1985, at City Hall, located at 5576
North Colony Boulevard, at 7:30 p.m., at which the following will
be discussed:
1. Approval of minutes.
2. Citizens Input.
3. Review and consideration of site plan approval for LaBelle Creme
to be located at Paige and S. Colony Boulevard.
4. Discussion of December meeting dates.
5. General Business to discuss future ordinances.
CERTIFICATE
I hereby certify that the above notice of meeting was placed on the
front door of City Hall at 5.'~/.~22, 1985.
Patti jones(/City Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION 4
OF THE CITY OF THE COLONY
HELD ON NOVEMBER 26, 1985
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. with the following members
present:
Robert Fiumara Chairman
Harvey Bradley Member
Tim Solohubow Member
Bill Sharp Member
Earl Brantley Member
and with Members Sopas and Cravens absent; however a quorum was established.
Also present was Eric Stanton, Building official.
1. APPROVAL OF MINUTES.
This item was tabled until the next regular scheduled meeting since not
enough members were present to vote.
2. CITIZENS INPUT.
None.
3. REVIEW AND CONSIDERATION OF SITE PLAN APPROVAL FOR LABELLE CREAM TO
BE LOCATED AT PAIGE AND S. COLONY BOULEVARD.
At this time, the meeting was turned over to Mr. Stanton who stated LaBelle
Cream is requesting site plan approval for a 2400 square foot ice cream
palor at the northwest corner of Paige Road and S. Colony Boulevard. There
will be approximately 1400 sq. feet of actual store space and approximately
960 sq. feet of tenant space. He further added that all requirements have
been met on the site plan. The building will be brick veneer with steel
frame and studs. Mr. Arnim Scott and Mr. Bunny Sousa, of LaBelle Cream,
were present to answer any questions. They stated they propose to make
homemade ice cream on the premises and also to sell cold sandwiches and cookies.
They further added this is not a chain store but an independent store. The
sign for the store will be an 8 foot monument sign. The dumpster will be en-
closed and there will be 28 parking spaces available. General discussion
followed on the paving of the parking lot. Mr. Scott and Sousa are proposing
an asphalt lot. Mr. Stanton stated whatever is used, concrete or asphalt,
it must meet the city's specs of 3,000 P.S.I. and withstand 6,000 lbs. wheel
load. Discussion continued afterwhich Chairman Fiumara made a motion to
recommend approval of the site plan for LaBelle Cream to be located at Paige
& S. Colony Boulevard with the stipulation that the parking area be paved
with concrete instead of asphalt. Seconded by Member Bradley, discussion
followed. Member Brantley suggested to Mr. Scott and Sousa that they get the
city's specs from Mr. Stanton and get a quote of prices of concrete versus
asphalt before they are put on the agenda for city council approval. A
vote was then taken with the motion being approved by the following vote:
Ayes: Chairman Fiumara, Members Bradley & Sharp
Abstention: Member Solohubow
Noes: Member Brantley
At this time, members took a 5 minute break.
4. DISCUSSION OF DECEMBER MEETING DATES.
Members decided to have a meeting on December 10th only during the month
of December unless an emergency arises making it necessary to hold a second
meeting.
5. GENERAL BUSINESS TO DISCUSS FUTURE ORDINANCES.
Members decided to wait until the first meeting in January to get a map of
the city to divide up into 4 or '5 sections to start working on. Also in
January work will start on outside displays in SC zoning districts.
-2-
There being no further discussion, the meeting was adjourned at
8:55 p.m.
Robert Fiumara, Chairman
Beverly Nopp, Commission Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
DECEMBER 6, 1985
TO ALL INTERESTED PARTIES:
Notice is hareby §iven of a REGULAR SESSION of the Planning and
Zoning Commission of the City of The Colony, Texas, to be held on
the 10th day of December, 1985, at City Hall, located at 5576 North
Colony Boulevard, at 7:30 p.m., at which the following will be dis-
cussed:
1. Approval of minutes of November 12 and November 26, 1985.
2. Citizens Input.
3. Public Hearing on the application of C. W. Northcutt, 3r. for
a change of zoning from O-1 to general retail for 20,000 sq.
feet located immediately south of the First Colony Bank.
4. Public Hearing on the application of Leon Backes and Cary
Platt for a change of zoning from O-1 to general retail for
approximately 2 acres on 2 parcels of land, located at the
northeast corner of Paige & S. Colony Boulevard.
5. Public Hearing on the application of Fox & 3acobs, Inc., for
a change of zoning from agriculture to planned development
allowing single family and general retail uses, on approximately
205 acres located west of Ethridge Drive on Stewart Creek
Peninsula.
6. Review and consideration of preliminary plat for approximately
205 acres located west of Ethridge Drive on Stewart Creek
Peninsula.
7. General business to discuss future ordinances.
CERTIFICATE
I hereby certify that the above notice of metering was placed on the
front door of City Hall at 5:00 p~m. on DeC&~er 5, 1985.
Patti Jo~es ./~i~y
Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION ~,..~ ~
OF THE CITY OF THE COLONY
HELD ON DECEMBER 10, 1985
A REGULAR SESSION of the Planning and Zoning Commission of the city of me Colony,
Texas, was called to order at 7:30 p.m. with the following members present:
Robert Fiumara Chairman
Bill Sharp Member
Tom Cravens Member
Harvey Bradley Member
Bruce Sopas Member
Earl Brantley Member
Tim Solohubow Member
and with no members absent; thus a quorum was established. City Manager, Janice
Carroll, and Building official, Eric Stanton were also present.
1. APPROVAL OF MINUTES OF NOVEMBER 12 AND NOVEMBER 26, 1985.
A motion was made by Member Sopas to approve the minutes of November 12, 1985.
Seconded by Member Solohubow, the motion was approved by the following vote:
Ayes: Chairman Fiumara, Members, Sopas, Solohubow, and Sharp
Abstentions: Members Brantley, Bradley, and Cravens
Noes: None
A motion was made by Member Bradley to approve the minutes of November 26, 1985.
Seconded by Chairman Fiumara, the motion was approved by the following vote:
Ayes: Members Fiumara, Bradley, Solohubow, Sharp, & Brantley
Abstentions: Members Sopas and Cravens
Noes: None
2. CITIZENS INPUT.
None.
3. PUBLIC HEARING ON THE APPLICATION OF C. W. NORTHCUTT, JR. FOR A CHANGE OF
ZONING FROM O-1 TO GENERAL RETAIL FOR 20,000 SQ. FEET LOCATED IMMEDIATELY
SOUTH OF THE FIRST COLONY BANK.
A motion was made by Member Bradley to open the public hearing. Seconded by Member
Sopas, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
The meeting was then turned over to Mr. Stanton who stated the area for rezoning is
20,000 sq. feet and is presently owned by the First Colony Bank. He further added
for members to keep in mind that a detailed plan will come back before the commission
for site plan approval before any permits are issued, if the rezoning is approved.
He then introduced Mr. C. W. Northcutt who was present to answer any questions. Mr.
Northcutt stated he is presently nego~ating to purchase this property from the First
Colony Bank and the rezoning is needed because he would like to open a furniture
retail store on the property. He further added he currently lives in Oklahoma, and
if the rezoning is approved and the deal goes through with the bank, he will move
his family here and build the furniture retail store. The store is proposed to have
15,000 square feet for furniture and appliances and they will shoot for the beginning
of February to start construction to be open by the first of May.
Chairman Fiumara then asked for any~questions from Planning and Zoning members. Mem-
ber Cravens asked if there was any response to the notices that were mailed out to
property owners within 200 feet. Mr. Stanton replied there was not. General dis-
cussion followed, afterwhich Chairman Fiumara made a motion to close the public
hearing. Seconded by Member Sopas the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Member Bradley then made a motion to approve the request of Mr. C. W. Northcutt, Jr.
for a change of zoning from O-1 to general retail for 20,000 sq. feet located
immediately south of the First Colony Bank. The motion was seconded by Member
Solohubow. After further discussion, Member Bradley amended his motion to approve
the request of Mr. C. W. Northcutt, Jr. for a change of zoning from 0-1 to general
retail for 20,000 sq. feet located immediately ~u~ of the First Colony Bank,
contingent upon the contract with the First Colony Bank going through to closing.
Seconded by Member Sharp, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
5. PUBLIC HEARING ON THE APPLICATION OF FOX & JACOBS, INC., FOR A CHANGE OF
ZONING FROM AGRICULTURE TO PLANNED DEVELOPMENT ALLOWING SINGLE FAMILY AND
GENERAL RETAIL USES, ON APPROXIMATELY 205 ACRES LOCATED WEST OF ETHRIDGE
DRIVE ON STEWART CREEK PENINSULA.
This item is tabled to be continued at a special session on December 23rd, 1985.
6. REVIEW AND CONSIDERATION OF PRELIMINARY PLAT FOR APPROXIMATELY 205 ACRES
LOCATED WEST OF ETHRIDGE DRIVE ON STEWART CREEK PENINSULA.
Since Item No. 5 was tabled to be continued on December 23rd, 1985, this item
will also be continued at the same meeting. However, Larry Ludwig, of Fox &
Jacobs, was present and gave an informal presentation to the commission. Jim
Bell of Fox & Jacobs, and Robert Pettit, of Dannenbaum Engineering, were also
present. General discussion followed, afterwhich the following items were requested
by Planning & Zoning members to be addressed when this comes back before them.
1. Traffic survey including Stewart Creek Park.
2. Overview of Stewart Creek Park.
3. Redesign N. Colony Blvd.
4. Additional alley cuts - shorten lengths.
5. Barrier between homes and Stewart Creek Park.
6. Land to the north-possibly deeding small area that
backs Corp property to property owners.
7. Comments on letter from Bridgefarmers & Associates.
8. Look at straightening cul-de-sac in northeast corner.
4. PUBLIC HEARING ON THE APPLICATION OF LEON BACKES AND CARY PLATT FOR A CHANGE OF ZONING FROM 0-1 T~ GENERAL RETAIL FOR APPROXIMATELY 2 ACRES ON 2 PARCELS
OF LAND, LOCATED AT THE NORTHEAST CORNER OF PAIGE & S. COLONY BOULEVARD.
Neither Mr. Backes or Mr. Platt were present, however Larry Ludwig, representing
Fox & Jacobs, was present and requested Planning & Zoning Commission go ahead
with the public hearing and he would be available to answer any questions.
A motion was made by Member Cravens to open the public hearing. Seconded by Member
Solohubow, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Mr. Ludwig gave a presentation and stated a retail strip shopping center is proposed
for this area and Fox & Jacobs has several other offers pending the outcome of the
contract with Mr. Backes and Mr. Platt. All offers are for a retail strip shopping
center. After general discussion, Member Cravens made a motion to close the public
hearing. Seconded by Member Sharp, the motion was approved by the following vote:
Ayes: All members present voted aye
Noes: None
Member Cravens then made a motion to approve the request for change of zoning
from O-1 to general retail for approximately 2 acres on 2 parcels of land,
located at the northeast corner of Paige & S. Colony Boulevard. Seconded by
Member Sopas, the motion was approved by the following vote:
Ayes: Members Brantley, Cravens, Sopas, and Chariman Fiumara
Noes: Members Solohubow, Bradley, and Sharp
-3-
7. GENE~L BUSINESS TO DISCUSS FUTURE ORDIN~CES.
Members briefly discussed items to be placed on the agenda for meetings in
Janaury.
There being no further discussion, ~e meeting was adjourned at 9:25 p.m.
Robert Fiumara, Chairman
Beverly Nopp, commission Secretary
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
DECEMBER 17, 1985
TO ALL INTERESTED PARTIES:
Notice is hereby given of a SPECIAL SESSION of the Planning and
Zoning Commission of the City of The Colony, Texas, to be held on
the 23rd day of December, 1985, at City Hall, located at 5576 North
Colony Boulevard, at 7:30 p.m., at which the following will be dis-
cussed:
1. Public Hearing on the application of Fox & Jacobs, Inc., for a
change of zoning from agriculture to planned development allow-
ing single family and general retail uses, on approximately
205 acres located west of Ethridge Drive on Stewart Creek Peninsula.
2. Review and consideration of preliminary plat for approximately
205 acres located west of Ethridge Drive on Stewart Creek
Peninsula.
CERTIFICATE
I hereby certify that the above notice of meeting was placed on the
front door of City Hall at 5:00 p.m~n December 20, 1985.
P~tti Jones~City Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION 40 0
OF THE CITY OF THE COLONY
HELD ON DECEMBER 23, 1985
A SPECIAL SESSION of the Planning and Zoning Commission of the city of The Colony,
Texas, was called to order at 7:30 p.m. with the following members present:
Robert Fiumara Chairman
Earl Brantley Member
Bruce Sopas Member
Tom Cravens Member
Tim Solohubow Member
Harvey Bradley Member
and with Member Sharp absent; however a quorum was established. Building
Official, Eric Stanton was also present.
1. PUBLIC HEARING ON THE APPLICATION OF FOX & JACOBS, INC., FOR A CHANGE OF
ZONING FROM AGRICULTURE TO PLANNED DEVELOPMENT ALLOWING SINGLE FAMILY AND
GENERAL RETAIL USES, ON APPROXIMATELY 205 ACRES LOCATED WEST OF ETHRIDGE
DRIVE ON STEWART CREEK PENINSULA.
Member Sopas made a motion to open the public hearing. Seconded by Member Bradley,
the motion was approved by the following vote:
Ayes: Ail members present voted aye
Noes: None
At this time, the meeting was turned over to Eric Stanton, who stated staff has
requested the public hearing portion of this item be held this evening, but that
no further action be taken at this time other then preliminary discussion. He
further added that consultants are still studying traffic and civil matters re-
garding sanitary sewer, etc. and it is hoped to have these items completed and
come back to the Planning & Zoning Commission for a recommendation at the January
14th, 1986 meeting.
Larry Ludwig and Jim Bell, representatives of Fox & Jacobs, were present.
*Correction to add - Bob Pettit from Danenbaum Engineering was also present.
At this time, Chairman Fiumara asked for any public input. Ron Beers, #3 Holden
Cr. asked how much of the peninsula was involved, what Fox & Jacobs is speaking
of as far as plots, and a clearer definition of what a planned development is.
Larry Ludwig presented the preliminary plat of the 205 acres, showing those in
the audience what was being proposed. Steve Mitchell, #10 Indianola Cr., stated
when he bought his home, he was promised by the Fox & Jacobs salesmen there would
be no building or obstruction of the view of the lake. He suggested if 4 of the
homes were removed from the peninsula point and made into a park area, it would
be more receptive by the homeowners in this area. Chairman Fiumara at this point
explained to those in the audience that when the Planning & Zoning Commission
receives a rezoning request, they listen to all input from the public, receive
input from staff, review all information, and based on all of this make a recom-
mendation to city council to approve of disapprove a request. City Council has
the final authority to approve or disapprove a rezoning request. He further
added the Planning & Zoning Commission welcomes any suggestions anyone has to make
since it will further aid in their decision for a recommendation. Jerry Rambert,
#7 Indianola, asked for a definition of retail use. Larry Ludwig stated it was
a request for general retail or neighborhood services and could include 24 hr.
convenience stores. Mr. Stanton added that general retail includes approximately
250 different name uses all related to general retail use of a non industrial,
non polluting type nature, anything normally found in a shopping center. Chair-
man Fiumara stated the Planning & Zoning Commission held a preliminary meeting
with Fox & Jacobs on December 10th on this rezoning request. The plan Fox &
Jacobs presented was sent to the city's engineers for study, and some suggested
changes the commission would like to see were given to Fox & Jacobs at that time.
A work session with the Parks & Recreation Board will also be held since they are
presently working on changes for Stewart Creek Park. The public hearing being held
this evening is to get the public input to further aid the commission in their
recommendation to the council, however he added again that no further action will
be taken on this proposal this evening. Ron Garide, #3 Indianola Ct., asked what
size homes would be placed on the lots. Chairman Fiumara stated an ordinance was
recently passed raising the minimum sq. footage on homes from 1100 to 1300 sq.
feet. Mr. Garide stated he thought a 1300 sq. footage home would lower the pro-
perty values of the homes already built in this area. Bud Carpenter, #5 Indianola
Ct., stated he bought his home in The Colony because he is getting ready to re-
tire in a new years and he was told by Fox & Jacobs salesmen when he bought his
4~9 -2-
home there would be no further building obstructing the view of the lake and
that's why he did chose to buy his home. He further added that mixing of
house sizes proposed by Fox & Jacobs for this area would ruin the property
value of his home. Mrs. Robert Redden, #8 Holden Ct., stated she and her
husband were also promised by Fox & Jacobs salesmen there would be no further
building between the lot they chose for their home and the lake. Hr. Bud Car-
penter further added he thinks overbuilding is going on in The Colony now,
there's a traffic problem, and a lot of existing homes are up for sale. Julie
Tibbles, #1Holden Ct., stated one of her concerns was with the land in
question being in a flood plain area and sometimes the soil is not suitable
for building. Chairman Fiumara replied that is an engineering problem and
before any homes were built on the land, the city's engineers as well as Fox
& Jacob's engineers study all of this. A problem with drainage was also
brought up with Chairman Fiumara stating that was a problem that would have to
be handled with Fox & Jacobs. Another problem with mowing of the easements
was brought up with the residents stating they were promised the area would be
mowed every three weeks and then being told the area had not been released to
the city yet from Fox & Jacobs to be maintained, adding they were not getting
any satisfactory answers from anybody on who was to maintain the easements and
they were not being maintained properly. A questions was then raised on the
notification of property owners within 200 feet for a public hearing and why
all residents are not sent notices for all meetings. Chairman Fiumara stated
state law requires notification of property owners within 200 feet whenever a
public hearing is held. Names are obtained from the county tax files. Sue
Beers, #3 Holden Ct., stated they moved into their home in March of 1985 and
did not understand whey they were not yet on the tax rolls. She also had a
complaint with the Fox & Jacobs salesmen not giving out correct information.
David Spofford, 4325 Newton Street, stated he is on the same south side of N.
Colony Boulevard and is concerned with traffic flow and schools. He also wanted
to know if Fox & Jacobs has ever been denied a rezoning case. Chairman Fiumara
stated they have been denied on other cases in the past.
The following issues are what the public is asking to be addressed before a
recommendation is made to city council: 1) view of lake, 2) traffic flow,
3) 24 hour convenience stores, 4) house sizes bringing down property values,
5) drainage problems, 6) integrity of Fox & Jacobs salesmen, and 7) schools.
Mona Eppler, Editor of The Colony Leader, asked if voluntary deed restrictions
can be used on the south side of N. Colony to control house size, and can it
written as part of ordinances which type of businesses can be used in the gen-
eral retail area and can certain ones be deleted. Member Cravens stated the
city cannot enforce deed restrictions. Mr. Stanton added the city never has
enforced deed restrictions in the past. He also stated once something is zoned
general retail, anything that qualifies under the city's use law can go in this
area, otherwise the whole use list would have to be amended.
After continued general discussion, Member Bradley made a motion to close the
public hearing. Seconded by Member Sopas, the motion was approved by the follow-
ing vote:
Ayes: Ail members present voted aye
Noes: None
Chairman Fiumara then stated he had received 2 letters against the zoning request,
one from Robert & Lindell Redden, #8 Holden Cr., and the other from Richard
& Diana Biggs, #9 Indianola Cr. These letters are attached to the minutes.
At this time, Chairman Fiumara requested to ask the Parks & Recreation Board
to meet for a joint work session on January 8th, 1986.
Members then took a 5 minute break.
2. REVIEW AND CONSIDERATION OF PRELIMINARY PLAT FOR APPROXIMATELY 205 ACRES
LOCATED WEST OF ETHRIDGE DRIVE ON STEWART CREEK PENINSULA.
The meeting was then turned over to Mr. Larry Ludwig of Fox & Jacobs for
presentation. Mr. Ludwig stated the plans were basically the same as pre-
sented at the December 10th meeting. Some of the changes from the previous
plat are: 1) on the 4 acre park shown on previous plat there were 3 lots by
themselves and then another 1 or 2, they have been consolidated together to
give more openness, 2) there was a little bubble at the end which was taken
out, 3) N. Colony Blvd. has been turned so that it does go into lake with a
30 m.p.h, curve instead of dead ending, 4) added additional alley cuts where-
ever there seems to be an unusually long one, 5) in addition to two access
points to the Johnson property, have extended Gardner Drive and added another
access point from the south, 6) open area behind the lots next to the lake
-3- 440
the lot lines have been extended to the Corps property, 7) the general retail
area has been cut down from 11.7 acres to 9.9 acres, and 8) have identified
the Johnson Tract, Stewart Creek Park, and Corps of Engineers property.
General discussion followed during which it was suggested that it be clearly
marked on the plat this is used in the sales office for Fox & Ja=obs, which
homes will be front entry homes and which will be rear entry, and also note
this on the final plat. Before the next tentatively schedule meeting for
January 14th, comments are still needed on Bridgefarmer & Associates letter,
letter from M.U.D., traffic study, and overview of Stewart Creek Park. Mr.
Ludwig also took names of people present from the public to contact and schedule
a meeting with them on behalf of Fox & Jacobs.
There being no further discussion, the meeting was adjourned at 9:L5 p.m.
Rob'ert Fiumaza, Chairman
Beverly Nopp, Commission Secretary
December 16, 1985
Planning ar~ Zoning Commission
c/o The City of the Colony
5576 North'Colony Boulevard
The Colony, Texas 75056
Dear Comm~sion~
Concernin~ your attached letter on the proposed amendment to the current
zoning of the land described, we are in opposition because we (and our
neighborsl were led to believe by Fox and Jacobs that there would be no
homes bu~t on that land to block any view from the lots we chose. On that
basis al~e, we purchased the lot that our home sits on now. If Fox and
Jacobs h~ any long range plans to purchase this tract of land, I cannot
understa~ why we were not told and could have chosen our lot accordingly.
Now, in~ead of looking cut our front window over the lake, we will be
looking into the back yar~s' of someone elses house. Besides feeling that
this is methical, I feel that it will considerably lower the marketability
and prie of our home whi=h was one of the very reasons that we planned for
so long:o obtain the particular lot which is now ours.
Fox andJacobs had no reason to deceive us on such an important investment
that we put most of our savings into. I feel that they should not be
allowedto get away wit~ this kind of deceit and that they owe the people
residin on the lots that may be affected by this proposed rezoning an
explanaion of what reason they had for selling us our homes under false
pretend.
May we~lso express our concern regarding this proposed rezoning because of
the un, arable traffic problems that currently exist in The Colony and the
additi~al traffic burden 'that will ultimately occur should more homes be
built t the present '~ime% Until further improvements are made to handle
traffi to and from The Colony, I feel that additional building in The
Colon~should be put on hold in fairness to the residents that live here
nOW.
I am ~ing the City of the Colony to reconsider the rezoning of this tract
of lal in fairness to 'the residents of Wolden and Indianola Circle that
purch~d their hom~s on the basis of information provided us by Fox and
Jacob~ I understand that this is an F and J community, but it is no
reaso~for letting a large Corporation deceive potential residents of the
commuty. If we ~t Fox and Jacobs continue to say whatever they please
to tKr customer~ more problems are likely to arise as well as an
unpleant "stigma'" upOn The Colony as a whole that F & J is allowed to
lead s residents and ~city government "by the nose."
Sincerely,
Robert and Linell Redden
8 ~olden Circle
The Colony, TX 75056
(214) 370-1221
December 18, 1985
Planning and Zoning Commission
The City of the Colony
5576 North Colony Blvd.
The Colony, Texas 75056
As residents of the Colony residing at #9 Indianola Circle,
in the first group of homes in Fox and Jacobs Lakeway Estates,
we wish to protest the application by Fox and Jacobs, Inc.
to amend the Comprehensive Zoning Ordinance and Zoning Map of
the City, allowing the 205 acres west of Ethridge Drive on
Stewart Creek Peninsula to be developed.
Our reasons are as stated below:
1.) The original aerial photography maps for our tract of homes
(on display in the sales office) shows that a clear area would
exist between the end Cul-De-Sac homes and Lake Lewisville. Also,
according to the Sales Representative who sold us the home (Scott
Scott), we would have an unobstructed view of the lake, which would
always be guaranteed because the lakefront was controlled by the
U.S. Army Corps. of Eng±neers, and that area was considered the
flood plane, or buffer zone between the houses and the lake.
2.) How you can even consider allowing more development, when the
traffic in the area now is terrible, we can't understand. We both
work in downtown Dallas, and each spend an average of 2 hours and
20 minutes each on the farm roads, Hwy. 121 and 35E five days a week.
If you plan to grant this zoning change to Fox and Jacobs, please
at least consider what the additional traffic will mean to the
local citizens, and wait until Highway 121 has been widened between
35E and Preston Road, to allow us access into and out of the Colony
during rush hours.
If further expansion exists, we are certain that many of your city's
fine citizens will ultimately have to make a decision between continuing
to fight the traffic or move in closer to Dallas.
We are confident that you will consider our views, and sorry that
you chose a meeting date two days before Christmas, when many residents
will be out of town.
Sincerely,
ard C. & Diana R. Biggs