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HomeMy WebLinkAboutOct - Dec 1987 P&Z MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON OCTOBER 13, 1987 A REGULAR SESSION of the Planning & Zoning Commission of the city of the city of The Colony, Texas, Denton County was called to Order at 7:30 p.m. with the following Members in attendance: Bob Fiumara Chairman Cathy Bock Member - Tim Solohubow Member Bill Sharp Vice-Chairman Agnes Foster Member Robert Doss Member with Member Brantley absent due to business, however, a quorum was established. Also in attendance was Bill Hall, City Manager; Bob Van Til, Administrative Staff Planner; Tommy Turner, Public Works Director; Judy Shirk, Recording Secretary; Mr. Mike Hampton, Archetect for O'Riley's and Mr. Nathan George with O'Riley's. Chariman Fiumara welcomed new Member Robert Doss to the Planning & Zoning Commission and stated that the Commission was looking forward to working with him. At this time Chairman Fiumara asked for a motion to open the meeting Member Solohubow made the motion and it was seconded by Member Sharp. The motion carried with the following vote: Ayes All Present Noes None 1. Approval of minutes of the SePtember 22, 1987 meeting. A motion to approve the September 22, 1987 meeting was made by Member Bock with the following corrections: a. Paragraph 9, sentence 2, should read. The Commission felt that in order to consider this zoning, they would like to see an idea as to what would be proposed in each section. b. Paragraph 12 - B. Procedure Manual. The following sentence should be added before "Member Bock raised concern that all zoning." Mr. Van Til reported that Bill Hall, City Manager felt that a landscaping ordinance would not be necessary at this time because a plan has to be submitted at the time of site plan approval. Member Solohubow seconded the motion and the motion carried with the following vote: Ayes All present Noes None 2. Citizen Input. None at this time. 3. PUBLIC HEARING as requested by Mr. Nathan George, dba, O'Riley's Billiards, Food & Bar, to be generally located at 5110 Paige Rd. Suite 110, in The Colony Point Joint Venture Shopping Center, on the North East corner of South Colony Blvd. and Paige Rd. to have the Comprehensive Zoning Ordinance and Zoning Map of the city of The Colony, TExas, Denton County, amended so as to give the above described property a Specific Use Permit for the sale of beer, wine and liquor by the drink in a Shopping Center Classification. A motion to open the Public Hearing was made by Chairman Fiumara and Seconded by Member Solohubow. The motion carried with the following vote: Ayes All present Noes None At this time Chairman Fiumara asked that a correction be placed in the minutes regarding the zoning of the property where O'Riley's will be located, that this is actually zoned General Retail not Shopping Center, Recording Secretary, Judy shirk, informed the commission the Mr. Boyle, the City Attorne~ had been notified of 595 Page 2 this error in the notification and Mr. Boyle did not feel that th~S~ would be a problem because the two zonings are relativly the same type of zoning with the same S zoning required for the sale of alcholic beverages. At this time Mr. Mike Hampton addresed the Commission on the O'Riley's site. Mr. Hampton showed the Commission pictures of an O'Riley's that is locted in Lewisvile, Texas. O'Riley's will have fifteen (15) billiard tables, fifteen (15) video games, shuffle board and large screen T.V. O'Riley's also willhave a dart board area. That the target range for patrons will be the 30 to 40 year old range. There also will be an eating area for sandwiches and drinks. At this time Member Sharp asked how many entrances ther will be into O'Riley's and Mr. Hampton stated that there will be one fron entree. Member Sharp asked how O'Riley's were going to control minors from entering the premises. Mr. Hampton stated that the front door can be seen by the bartender and that the bartender will be responsible to keep minors out of the premises. Mr. Hampton does not forsee a problem with this, but if one should arise they would hire a guard for the front door. The Commission asked how many patrons does O'Rileys feel will be on the premises at one time? Mr. Nathan George stated that they feel an average will be around 75 to 100 patrons in a given night. Member Solohubow asked Mr. Van Til if staff were satisfied with the site plan and the parking spaces avaiable for this business. Mr. Van Til stated that staff did not have any problems with the site plan or the parking that there was adequate parking available and that the site plan did address all the codes. Member Solohubow asked that Mr Van Til look into the restrooms and make sure that these were adquate for the size of the area. Mr. van Til said that he would. At this time Chairman Fiumara asked if there were any questions from the audience. There were none. Chairman Fiumara asked for a motion to close the Public Hearing. The motion to close the Public Hearing was made by Member Sharp and seconded by Member Solohubow the m6~ion carried. Member Bock made the motion to approve the request made by Mr. Nathan George, dba O"Riley's Billiards, Food & Bar, to be generally located at 5110 Paige Road, Suite 110, in The Colony Point Joint Venture Shopping Center, on the North East corner of South Colony Blvd. and Paige Road, to have the Comprehensive Zoning Ordinance and Zoning Map of the city of The Colony, texas, Denton County amended so as to give the above discribed property a Specific Use Permit for the sale of beer, wine and liquor in a General Retail (correction from Shopping Center) classification. The motion was seconded by Vice-Chairman Sharp and the motion carried with the following vote: Ayes All present Noes None 4. General Business. A. Review and discuss specific use Permits, as related to Grand- fathered locations and those businesses no longer to which a S.U.P. has been granted. During dicussion of this item the following points were brought up: A time frame to be able to recind the S.U.P. zoning on a particular piece of property. How long must the building be vacnat before the S.U.P. can be recinded? The S.U.P.'s must be recinded immediately. Mr. Bill Hall stated that a grace period must be establised before any S.U.P.'s can be recinded. Mr. Hall also stated that the Grandfathered S.U.P.'s could create a problem for the Commission to recind, these will need to be looked into and the Attorney be contacted as to how this will be possible. Mr. Hall informed the Commission that if the Company/Owner of the business is named in the Ordinance that the S.U.P can be recinded when they vacate the premises. Member Bock asked that staff look into this and check with the Attorney regarding wheather it is possible to name the Company/Owner,in the Ordinance the zoning Ordinance reads that the S.U.P. is given to the piece of property and that the Company. Owner cannot have the S.U.P. put in Company or Owner name. ? Page 3 Mr. Hall informed tha Commission that as long as Grandfathered the S.U.P. use will remain the same as long as same use is used by whomever moved into the location. If use is changed the original use can be recinded at that time. At this time Chairman Fiumara asked Mr. Van Til to put all S.U.P.'s that can be changed on the next Agenda and check with the Attorney on Grandfathered S.U.P's and see what can be done to recind any or all of these. Chairman Fiumara also asked that the Ordinances pertaining to S.U.P.'s be pulled and to check and see how other cities do there S.U.P.'s. At this time the Commission moved on to discuss item B. Review and discussion of section 17-100 of the Zoning Ordinance. It was discovered at this time that not all the Members of the Commission had an updated Zoning Ordinance book. Chairman Fiumara asked that all Commission Members be provided with an updated book as soon as possible. At this time the Commission cannot discuss section 17-100 because all the Members do not have the same copy. This also applies to Item C section 11-300 not all Members have the same copy so a discussion is not possible. Item D. Ethics, as related to Planning & Zoning. Chairman Fiumara asked the Members if they had read the Ethics insert placed in their packets by Councilman Bra~dley. The Members stated that they had. Chairman Fiumara told the Members that if they had any questions regarding this insert that the Commission will meet with Mr. Bradley at his conveinence. At thi~ time Chairman Fiumara once again introduced Mr. Doss to the Commission and asked that each Member tell a little about themselves. Chairman Fiumara also introduced the Staff to Mr. Doss. A motion to adjourn was made by Meber Solohubow and seconded by member Sharp, the motion carried with the following vote: Ayes All present Noes None Adjouned 9:15p.m. Robert Fiumara, Chairman Ju Shirk, Recording Secretary .597 CITY OF THE COLONY DENTON COUNTY, TEXAS OCTOBER 22, 1987 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 October 27, 1987 at 7:30 p.m. at City Hall, 5151N. Colony Blvd. at which time the following items will be discussed: 1. Approval of minutes of the October 13, 1987 meeting. 2. Citizen Input. 3. PUBLIC HEARING as requested by Nick Oprea, dba, MCR Enterprises, 5156 Sherman, The Colony, Texas to have the Comprehensive Zoning Ordinance and Zoning Map of the city of The Colony, Texas amended so as to give the property generally located just east of and adjacent to Larry's Family Resturant, on the North side of the South Colony Blvd. extension road, a change of zoning from Neighborhood Service to Light Commercial Classification. 4. General Business. a. Specific Use Permits b. Zoning Ordinance. CERTIFICATION I do hereby certify that the above notice of meeting was placed on the front door of City Hall prior to 5:00 p.m. on the 22nd day of October 1987. Patti Hicks, City Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON OCTOBER 27, 1987 A REGULAR SESSION of the Planning & Zoning Commission of the city of The Colony, Texas, Denton County was called to Order at 7:30 p.m. with the following Members in attendance: Bob Fiumara Chairman Cathy Bock Member Earl Brantley Member Robert Doss Member Agnes Foster Member with Members Sharp and Solohubow absent due to business, however, a quorum was established. Also in attendance was Bob Van Til, Administrative Staff Planner and Judy Shirk, Recording Secretary. A motion to open the meeting was made by Member Bock and was seconded by Member Doss. The motion carried. 1. Approval of minutes of the October 13, 1987 meeting. A motion to approve the minutes of the October 13th meeting was made by Member Bock and was seconded by Member Foster. The motion carried with the following vote: Ayes All present Noes None 2. Citizen Input. None at this time. 3. A motion to open the PUBLIC HEARING as requested by Mr. Nick ~ Oprea, dba, MCR Enterprises, 4440 Hale, The Colony, Texas to have the Comprehensive Zoning Ordinance and Zoning Map of the city of The Colony, Texas amended so as to give the property generally located just east of and adjacent to Larry's Family Resturant, on the North side of the South Colony Blvd. extension road, a change of zoning from Neighborhood Service to Light Commercial Classification. was made by Member Foster and seconded by Member Doss, the motion carried with the following vote: Ayes All present Noes None At this time it was noted that one response re garding the notice sent out on the PUBLIC HEARING, was received by Harry Hunsicker of The Colony Joint Venture. Mr. Hunsicker felt that there was a need to indicate specifically the use for this piece of property, that Light Commercial is too broad a classification,that if zoned Light Commercial it should have a Special Use Permit attached to the zoning to show what will be placed on this piece of property. If the "S" permit is attached to the zoning change Mr. Hunsicker has no objection. ~ th.~.s t~me ~hairma~ Fiumara asked if there Wa~ a representative of MCR Enterprises present to answer questions? Mr. Lynn McGuire, 4440 Hale Street , The Colony, Texas was present. Member Bock, at this time, raised questions regarding the Light Commercial Zoning and that she would like to see restrictions placed on this zoning change such as a "S" Permit to limit the use. This restriction is because the piece of property is only .5 acrea. Member Bock asked Mr. McGuire if he would mind the "S" permit? Mr. McGuire asked if the property could be zoned Light Commercial with a restriction that he come back at a later date to show what he has decided to put on the piece of property? Member Bock stated that this would create a problem for the Commission because once the zoning for Light Commercial is approved Mr. McGuire does not have to return to the Commission with any plans as long as what he intends to place on the property is allowed to be built in that type of zoning classification. Page 2 At this time Chairman Fiumara stated that the size of the piece of property was to small to allow cart blanch on use under the Light Commercial Zoning. Mr. McGuire agreed with this. Member Bock asked Mr. Van Til his recommendation regarding this situation. Mr. Van Til recommended to table the PUBLIC HEARING until a letter of intent regarding what Mr. McGuire is going to place on the piece of property be brought before the Commission and at this time the Commission vote on the zoning change. Mr. McGuire stated that he would prefer that the hearing be tabled at this time and that he will bring a letter of intent to the Commission at a later date. At this time Chairman Fiumara made a motion to leave the PUBLIC HEARING open for up to sixty (60) days, at which time MCR, Mr. McGuire, will come back with a letter of intent and a site plan for the Commission to review, if nothing is heard from Mr. McGuire within the sixty (60) days the MCR Enterprises will be dropped and MCR will need to start the process again. The motion was seconded by Member Bock and carried with the following vote: Ayes All present Noes NOne 4.~ General Business. a. Specific Use Permits Chairman Fiumara would like Mr. Van Till to contact the city Attorney and ask him what the time frame is for the removal of the S.U.P's on existing S.U.P.'s that are not "Grandfathered" and that when an answer is obtained that these S.U.P.'s that can be removed be brought before the City Council for them to take action. b. Zoning Ordinances. Mr. Van Till told the Commission that an updated zoning book will be forth coming and that the Commission will have the book by the end of the week. At this time Chairman Fiumara made a motion to close the meeting, the motion was seconded by Member Bock and carried with the following vote: Ayes All present Noes None. Meeting adjourned at 8:10 p.m. Fi "' ]~ -- r Robert umara, Chairman uJ~ddy Shirk, Recording Secreta y 60O CITY OF THE COLONY DENTON COUNTY, TEXAS NOVEMBER 4, 1987 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 lOth day of November 1987, at 7:30 p.m., at City Hall 5151N. Colony Blvd. at which time the following items will be discussed: 1. Approval of minutes of the October 27, 1987 meeting. 2. Citizen Input. 3. PUBLIC HEARING as requested by Redwood Development, dba, Mr. R. Nichols, to have the Comprehensive Zoning Ordinance and Zoning Map of the city of The Colony, TExas amended so as to give the property known as Wynnewood Peninisula, as described in BBB & CRR Co Survey #182 a change of zoning from Agricultural to SF 4, SC and D containing four (4) tracts of land, (1) 5.7056 acres to Shopping Center, (2) 22.157 acres to Shopping Center, (3) 9.854 acres to Duples and (4) 107.068 acres to Single Family 4.ZC #87-0018 4. Consideration and Review of case #87-0017 final plat for North- pointe, Phase I, as requested by Centex Real Estate Corporation, Inc., 1422 W. Main St., Suite 206, Lewisville, TExas 75067. Generally licated on N. Colony Blvd. between Morning Star and the Eastermost City limit line more specifically described in Exhibit "B" 5. General Business - Pending ~tems. A. MCR Enterprises case #87-009, has'been tabled for sixty (60) days, as of the October 27, 1987 meeting. B. Updated Zoning Ordinances. C. Specific Use Permits report. CERTIFICATION I do hereby certify that the above notice of meeting was palced on the front foor of City Hall prior to 5:00 p.m. on the 5th day of November Patti Hicks, City Secretary 601 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON NOVEMBER 10, 1987 A REGULAR SESSION of the Planning & Zoning Commission of the city of The Colony, Texas, Denton County was called to Order at 7:30 p.m. with the following Members in attendance: Bob Fiumara Chairman Cathy Bock Member Robert Doss Member Earl Brantley Member Bill Sharp Vice-Chairman Tim Solohubow Member with Member Foster absent due to busines, however, a quorum was established Also in attendance was Bob Van Til, Administrative Planner; Tommy Turner, Public Works Director; Judy Shirk, Recording Secretary; Mr. Art Anderson, Attorney for the Nichols Trust: Mr Chas Fitzgerald, of Redwood Development; Mr. R. Nichols of the Nichols Trust involved in the zoning change; Ms Becky Braun owner of adjacent Nichols Trust property and Mr. Robert Shrief owner of adjacent property. 1. Approval of the minutes of October 27, 1987 A motion to approve the minutes of the October 27, 1987 minutes was made by Member Bock and seconded by Member Doss. The motion carried with all Members voting aye. 2. Citizen Input None at this time. 3. PUBLIC HEARING as requested by Redwood Development, dba, Mr. R. Nichols, to have the Comprehensive Zoning Ordinance and Zoning Map of the city of The Colony, Texas amended so as to give the property known as Wynnewood Peninsula, as described in BBB & CRR Co Survey #182 a change of zoning from Agricultural to SF4, SC and D containing four (4) tracts of land, (1) 5.7056 acres to Shopping Center, (2) 22.157 acres to Shopping Center, (3) 9.854 acres to Duplex and (4) 107.068 acres to Single Family 4. Z.C. #87-0018 A motion to open the PUBLIC HEARING regarding the change of zoning as requested by Redwood Development was made by Member Bock and seconded by Member Solohubow the motion carried with the following vote: Ayes All present Noes None At this time Mr. Bob Van Til, Administrative Planner informed the Commission that the City Staff had no problems with the zoning request. The Fire Department did state that a Fire Station or Sub-Station will need to be put on the Peninsula for better fire and ambulance protection. That ~t ti':is time the response time is to great to be able to give adaquate service. ~Mr. Hal Jones, Traffic Engineer stated that FM 423 would need to be widened to a four (4) or six (6) lane throughfare. The traffic impact on FM 423 would be very heavy and that expansion of this Road would need to2 be considered. The R.O.W. along FM 423 will need to be aquired for this project. Member Bock stated that turning lanes and traffic signals will need to be looked into for this new developed area also. Mr. Art Anderson representative for R. Nichols Trust, took the floor at this time to show the commission the plans for this area. Mr. Anderson informed the Commission that the Single Family 4 will be devel- ped first. Mr. Anderson also stated that they feel with the homes that will be built in this area that they can compete with Fox & Jacobs and that no other developer has been able to in the past. That it is time for home buyers in The Colony to have a choice of builders. A collector street will be built connecting Boyd Road to Boyd Road and that this collector street will be four (4) lanes. The Duplex area will be used for a buffer between the Single Family 4 and 602 and Single Family 1. Mr. Anderson stated that the Straight Zoning for these particular Tracts of land was preferred over the Planned Development The Planned Development is used for land that is being developed near an area that has already been developed and that the new area must comply with restrictions due to the fact that there is a residential area already in existance. The Nichols tract has no development on it and this land can be developed according to the builder in:the best:interest of the existing land and potential home owners. At this time Chairman Fiumara asked if there were any questions from the audience. Ms. Beck Braun, owner of land adjacent to the property to be re-zoned, and a part of the Nichols Trust, stated that she did not have an answer at this time as to weather she was for or against the zoning change. Ms. Beck Braun lives at 3600 Villanova, Dallas, Texas 75225. Mr. Thomas Bain, 7557 Rambler Rd. Suite #932, Dallas~ Texas 75231, an associate of the Strief Capital Corporation submitted his Notice form in regards to the zoning change on the Strief property. Mr. Bain stated that he was FOR the zoning change with exceptions. That the existing designated County Road, or via new road be similary located as is. That the desire to continue to have direct access to Boyd's Road is primary in their decision. That if the existing road were to shift as the current proposed development shows this would not be desirable to them. Mr. Robert Strief present in the audience took the floor Mr. Strief stated that he is willing to work with Nichols on this development but that he would like his access road to his property left where it is at this time. Mr. Nichols stated that the road will eventually be paved. Mr. Strief again stated that he does not want to have to go through the development to get in and out of his property, that he would like the road left where it is. Chiarman Fiumara asked if this were a county road? Mr. Strief stated that it had been designated one several years ago. Mr. Nichols stated that he was not aware that it was a county road. Mr. Strief stated that he will provide documents showing when it was desgnated a county road. Chairman Fiumara asked Mr. Strief to bring these documents to Mr. Van Til at the City Hall as soon as possible. Mr. Strief stated that he would. Mr. Nichols stated that he was not aware that any easement had been recorded but that it had been a verble agreement between his and Mr. Strief's Grandfathers regarding the road and that the Strief's would always have access in and out of their property. At this time Chairman Fiumara asked if there were any further questions from the audience as there were not Chairman Fiumara and the Commission directed their questions to Mr. Anderson, Mr. Nichols and Mr. Fitzgerald. Chairman Fiumara asked how many units per acre will Redwood Developemnt be putting in this Single Family 4 zoning? Mr. Fitzgerald of Redwood stated that there will be four (4) units per acre and that eleven and one half (11½) acres have been set aside for a school. Member Bock stated that her concern was the size of the houses to be put in the Single Family 4 zoning. She feels that fifteen Hundred (1500) square foot houses are not large enough and that she would like to see some varience in sizes of homes in this Single Family zoning 4 classification. Member Solohubow was concerned with the Fire Department not having a good response time in case of fire or medical emergency. Member Solohubow would like to see some land provided for a fire station or sub-station in this developemnt. Mr. Nichols stated that one half to one acre can be set aside for a fire station or sub-station, that he nor Redwood see any problem with this, that they also want to be sure that the home owners have the proper protection in case of fire or medical emergency. Chairman Fiumara asked Mr. Nichlos about the school district. Mr. Nichols stated that they have been in discussion with the Little Elm School District and have let them know that the Nichols property would like to be allowed to remove itself from the Little Elm School District and enter the Lewisville School District. Mr. Nichols stated that they have not come to an agreement as of yet, but will continue discussion with them. Mr. Nichols would like the development to be in the Lewisville School District as much as the Commission does, he (Mr. Nichols) relizes that it is to his advantage to have this accomplished. Page 3 .... ,., [1 603 At this time quesitons regarding the water and sewage were brought up by ** the Commission. Mr. Nichols stated that a 7500 gallon resovoir will be set up. Mr. Terry Millican water and sewage Engineer's report showed that the water line will be brought North up F.M.423 and that the waste will be brought across the lake to the Peninsula and that this will be done around the same time as Eastvale addition is being done. At this time Chairman Fiumara stated that the Commission would like the answers to a (1) Fire Station/Sub-Station, (2) cost to run water and sewage to Peninsula, (3) Traffic study for complete impact on F.M.423. Member Bock stated that the traffic study needed to take into consideration the residents already living on the Peninsual and the impact the traffic will have on the North Colony Blvd. and F.M. 423 intersection. At this time Chairman Fiumara intertained a motion to continue this PUBLIC HEARING until the December 8th, 1987 REGULAR SESSION of the Planning and Zoning Commission. Member Bock made the motion to accept Chairman Fiumara's motion to continue the PUBLIC HEARING until the 8th day of December, 1987. The motion was seconded by MEmber Sharp and carried with the following vote: Aye All present Noes None At this time the Commission and Mr. Nichols, Mr. Anderson and Mr. Fitzgerald agreed to have a work session on this item and that at that time all of the information regarding the fire station, water and sewage, and traffic study will be brought before the Commission for them to review and work with Redwood Development on the Zoning change request. The Work Session was set for December 1st, 1987. At this time Chiarman Fiumara asked for a recess. Time 9:40 p.m. Meeting called back to Order at 9:45 p.m. 4. Consideration and review and of Final Plat for Northpointe Phase I. as requested by Centex Real Estate Corporation, Inc. 1422 W. Main St. Suite 206, Lewisville, Texas 75067. Mr. Bob Van Til informed the Commission that this Agenda Item has been taken off the Agenda for the time being as there were some problems involving the Final Plat. Member Bock asked Mr. Van Til exactly what the problem with the Northpointe Phase I was. That Northpointe was approved by the Commiss- ion and the City Council per the old zoning and why is the city asking them to bring Northpointe up to the present zoning? Mr. Tommy Turner, stated that Centex has changed their plans completly and that the plans now are not anything like they were when they were brought before Planning & Zoning for their approval. Chairman Fiumara stated that if this is the case then Centex will need to bring the final construction plans before the Commission again_ when they are completed. No action regarding this item was taken at this time. 5. General Business. MCR Enterprises. This item was tabled for sixty days at the meeting held on October 27, 1987. MCR Enterprises have not come back with any new information regarding this item at this time. This item will remain tabled until further notice. Updated Zoning Ordinances. Each Member of the Commission received their updated zoning book with their packet for the November lOth meeting. Specific Use Permit report. None at this time. Mr. Van Til stated that the staff needed more time to review this particular item because of its complexity. Chairman Fiumara asked Mr. Van Til to work on this as soon as possible because more S.U.P's are being abandoned. At this time a lengthy discussion regarding the preparation of material for the Planning & Zoning Commission fo]lowed the regular meeting. After discussion of the preparation of the information for the Planning & Zoning Commission Chiarman Fiumara intertained a motion that the Commission Members table any item on the Agenda that does not have all the pertinent information for the Commission to be able to make an appropriate decision Discussion followed. At this time Member Bock made a motion that the Commission MEmbers come back at the next meeting and consider the tabling,of any_Agenda Item that does not have all of the information needed for the Commission to make the necessary decision and to take a vote at this time regarding this motion. Member Solohubow seconded this motion and the motion carried with the following vote: Aye All present Noes None Discussion regarding meetingsduring Holidays. There will be no meeting on November 24th, 1987 also there will be no meeting the fourth Tuesday of December. Meeting was adjourned at 11:10 p.m. Robert Fiumara, Chairman Judy'Shirk, Recording Secretary Pa.~e 1 Paral~raph 6: Mr Hal Jones was not present at th~s meeting. Mr Jones advised Mr. van Td to inform the Commission that F.M. 423 will need widened to a four (4) or six (6) lane throuE~hfare. Page 3 Para[~raph 1; Should be 750,000 ~allon resovoir not 7500. ~<m~ Page 2 Paragraph 9; Should read: Member Bock expressed her concern of about SF-4 and felt she could not support the large number of 1500 square foot homes which might be budt. However, she felt there might be alternatives to th~s. She stated that she realized the market would probably dictate the s~ze of homes; however, allowing SF-4 does conceivably allow the developer to build all 1.500 square foot homes if they desire and Member Bock felt this would not be in the best interest of the Commumty. 605 CITY OF THE COLONY DENTON COUNTY, TEXAS NOVEMBER 30, 1987 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 8th day of December, 1987, at 7:30 p.m., at City Hall 5151N. Colony Blvd., at which time the following items will be discussed: 1. Approval of minutes of the November 10, 1987 meeting. 2. Citizen Input. 3. Commission Member Report on City Council meeting. 4. PUBLIC HEARING as requested by Jeffery E. Kirkpatrick, representative of KL Liquor, to have the Comprehensive Zoning Ordinance and Zoning Map of the city of The Colony, Texas amended to grant a Specific Use Permit for the sale of beer, wine and liquor for off-premise consumption for a location situated in the Lombard Plaza Shopping Center, 6700 Main Street, Suite 100; to be known as Cadillac Liquor (zc 87-0020). 5. Continuation of a PUBLIC HEARING as requested by Nick Oprea, dba, for MCR Enterprises, to have the Comprehensive Zoning Ordinance and Zoning Map of the city of The Colony, Texas amended to grant a .5 acre tract presently zoned ~eighborhood Service to a Light Commercial District Zoning, this tract is more precisely described as being situated in the BBB & CRR Survey #172A, tract 7 described in a conveyance deed from September 7, 1950 from J. Griffin and wife to J. GRiffin, Jr. Volume 375, Page 256. (ZC 87-009). 6. Continuation of a PUBLIC HEARING as requested by Redwood Development, a representative of Mr. Rusty Nichols, to have the Comprehensive Zoning Ordinance and Zoning Map of the city of The Colony, Texas amended to grant a zoning change to a tract of property located on Wynnwood Peninsula west of F.M. 423 and Soufh of Boyd Road, more particularly described as being situated in the BBB & CRR Co. Survey #182from Agricultural to Shop~ngCenter, Duplex, and Single Family 4 Districts. (ZC 87-0018). 7. General Business. a. January 4th City Council Meeting. I do hereby certify that the above notice of meeting was placed on the front door of City Hall prior to 5:00 p.m. on the 3rd. day of December, 1987. Patti Hicks, City Secretary 6O6 EMERGENCY AGENDA ITEM CITY OF THE COLONY DENTON COUNTY, TEXAS DECEMBER 7, 1987 TO ALL INTERESTED PARTIES: Notice is hereby given of REGULAR SESSION of the Planning_& ZO~i~9~ Commission of the City of The Colony, texas to be held on the~th day of December, 1987, and in addition to the items posted in accordance with regular meeting requirements will address the item listed below: It is an urgent necessity that the matter mention in this notice be considered at an early date so as to further the public welfare of the inhabit ants of the City by taking timely action. 1. Review and Consideration of the Site Plan for KL Liquor to be generally located in the Lombard Shopping Plaza, Suite 100. I do hereby certify that the above notice of was placed on the front door of City Hall prior to 5:00p.m. on the 7th day of December, 1987. Patti Hicks, City Secretary 607 MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON DECEMBER 8, 1987 A REGULAR SESSION of the Planning & Zoning Commission of the City of The Colony, Denton County, Texas was called to Order at 7:30 p.m. by Ghairman Fiumara with the following Members in attendance: BOB FIUMARA CHAIRMAN CATHY BOCK MEMBER TIM SOLOHUBOW MEMBER AGNES FOSTER MEMBER BILL SHARP VICE-CHAIRMAN ROBERT DOSS MEMBER with Member Brantley absent due to being out of the City. However, a quorum wa~ established. 1. APPROVAL OF MINUTES OF THE NOVEMBER 10, 1987 MEETING. Member Bock made the motion to approve the minutes of the November 10, 1987 meeting with the fo]lowing corrections: 1. Page 1 Paragraph 6; Mr Hal Jones was not present at this meeting Mr. Jones advised Mr van Til to inform the Commission that F.M. 423 will need widened to a four (4) or six (6) lane throughfare. 2. Page_~ Paragraph !; Should be 750,000 gallon resovoir not 7500. 3. Page~ Paragraph ~; Should read: Member Bock expressed her concern about SF-4 and felt she could not support the large number of 1500 square foot homes which might be built. However, she felt there might be alternatives to this. She stated that she realized the market would probably dictate the size of homes; how- ever, allowing SF-4 does conceivably allow the developer to build all 1500 square foot homes if they desire and Member Bock felt this would not be in the best interest of the Community. Member Solohubow seconded the motion and the motion passed with the following vote: Member Foster abstained due to not being at November 10, meeting. Ayes All present Noes None 2. CITIZEN INPUT. None at this time. 3. REPORT CITY COUNCIL MEETING City Council did approve O'Rileys. 4. PUBLIC HEARING AS REQUESTED BY JEFFERY E. KIRKPATRICK, REPRESENTATIVE OF KL LIQUOR, TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY AMENDED TO GRANT A SPECIFIC USE PERMIT FOR THE SALE OF BEER, WINE AND LIQUOR FOR OFF-PREMISE CONSUMPTION FOR A LOCATION SITUATED IN THE LOMBARD PLAZA SHOPPING CENTER, 6700 MAIN STREET, SUITE 100; TO BE KNOWN AS CADILLAC LIQUOR (ZC 87-0020) Member Bock made a motion to open the PUBLIC HEARING as requested by Jeffery E. Kirkpatrick representative of KL Liquor, to have the Comprehensive Zoning Ordinance and Zoning Map of the City of The Colony amended to grant a Specific Use Permit for the sale of beer, wine and liquor for off-premise consumption for a location situated in the Lombard Plaza Shopping Center. Member Foster seconded the motion and it carried with the following vote: Ayes All present Noes None At this time Vice-Ghairman Sharp excused himself from these proceedings, due to a conflict of interest between this zoning case and Mr Sharp's line of business. Mr. Bob van Til addressed-the site plan and stated that there is adequate parking space available and the fire exits are per city code. 603 (2) Mr. Jeffery Kirkpatrick, 6423 Mercedes, Dallas, Texas, was present to answer any questions that the Commission or audience may have. Member Solohubow was still concerned about adequate parking spaces. Mr. Kirkpatrick did assure Mr. Solohubow that there is enough parking space available in the center. After a short discussion Member Bock made a motion to close the Public Hearing. The motion was seconded by Member Solohubow and the motion carried with the following vote: Ayes Members Foster, Bock, Solohubow, Doss, Chairman Fiumara · Noes None V/ce-Chairman Sharp abstaining Member Bock then made a motion to approve the Specific Use Permit for KL Liquor to be located in the Lombard Plaza Shopping Center at 6700 Main Street, Suite 100, and to amend the Zoning Ordinance and Zoning Map of the City of The Colony, for the sale of beer, wine and liquor for off-premise consumption. The motion was seconded by Member Solohubow. The motion carried with the following vote: Ayes Members Foster, Bock, Solohubow, Doss, Chairman Fiumara Noes None Vice-Chairman Sharp abstaining At this time Member Solohubow moved to approve the site plan for KL Liquor. The motion was seconded by member Foster and carried with the following vote: Ayes Member s Foster, Bock, Solohubow, Doss, Chairman Fiumara Vice-Chairman Sharp abstaining V/ce-Chairman Sharp rejoined the commission at this time. 5. CONTINUATION OF A PUBLIC HEARING AS REQUESTED BY NICK OPREA, DBA, FOR MCR ENTERPRISES, TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY, TEXAS AMENDED TO GRANT A .5 ACRE TRACT PRESENTLY ZONED NEIGHBOR- HOOD SERVICE TO A LIGHT COMMERCIAL DISTRICT ZONING, THIS TRACT IS MORE PRECISELY DESCRIBED AS BEING SITUATED IN THE BBB &CRR SURVEY #172A, TRACT 7 DESCRIBED IN A CONVEYANCE DEED FROM SEPTEMBER 7, 1950 FROM J. GRIFFIN AND WIFE TO J. GRIFFIN, JR. VOLUME 375, PAGE 256. (ZC 87-0009). Discussion followed. At this time Member Bock made a motion to remove this item from future agendas until Mr. McQuire, owner of this piece of property comes forward with his l~lans. The motion was seconded by Member Solohubow and carried with the fo]lowing vote: Ayes All present Noes None 6. CONTINUATION OF A PUBLIC HEARING AS REQUESTED BY REDWOOD DEVELOPMENT, A REPRESENTATIVE OF MR RUSTY NICHOLS, TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY, TEXAS AMENDED TO GRANT A ZONING CHANGE ON A TRACT OF PROPERTY LOCATED ON WYNNWOOD PENINSULA WEST OF F.M. 423 AND SOUTH OF BOYD ROAD, MORE PARTICULARLY DESCRIBED AS BEING SITUATED IN THE BBB & CRR CO. SURVEY #182 FROM AGRICULTURAL TO SHOPPING CENTER, DUPLEX, AND SINGLE FAMILY 4 DISTRICTS. (ZC 87-0018) Chairman Fiumara informed the Commission Members and Staff that he would like the letter from Mr. Art Anderson dated November 23, 1987 and a letter from Haynes And Boone Attorneys dated December 8, 1987 be reflected in the minutes of this meeting. 603 (3) Letter from Art Anderson states his request for a postponement of the December 1, 1987 Work Shop with the Commission and that the information to be discussed at this meeting be considered at the December 8, 1987 Public Hearing. Mr. Anderson stated in the letter, that they were unable to obtain in time the information regarding the status and proposed inprovement$ of F.M. 423 and Boyd Road. This postponment will allow Mr. Hal Sones, City Traffic Engineer, sufficient time to review Mr. Raglin's traffic report and City staff to obtain additional data regarding the fire protection and utility construc- tion issue. Letter from Haynes and Boone is in reference to Mr. Strief's request for the road into his property to remain where it is at this time. Mr. Strief at the last meeting held on November 10, 1987 informed the Commission that this road is a county road. Haynes And Boone's letter reflects a County Commissioners Court decision regarding a road eight (8) miles east of Lewisville that is and has been a county road. A copy of this court hearing is attached to the letter. The copy is of the Denton Record Chronicle dated Tuesday October 8, 1908. Chariman Fiumara informed the audience that any citizen wishing to speak either for or against this zoning case may do so at this time. Mr. Peter Greer 76 Windjammer President of the Homeowners Association Wynnwood Peninsula Mr. Greer stated several reasons why the Homeowners Association is not in favor of this development, if the Commission votes in favor of this zoning request the Wynnwood residents would like the develop- ment to be residential with single family zoning only. Mr. Greers Concerns: 1. Increased traffic along.Boyd Road. 2. Increase in crime. 3. Development of Retail will cause excess trash and pollution in area 4. Ecological impact on water fowl and coyotes. 5. Property values will decrease due to small dwellings in this development and any retail. Mr. Greer asked the Commission to take these concerns into consideration when they make their decision to approve or not approve this request. Chairman Fiumara, There are sixty-five (65) families living on the Wynnwood Peninsula now and it was platted for one hundred and eighty- five (185), I would like a list of names and addresses for these residents to be presented to the Commission as soon as possible. Member Bock a~ked what size of homes exist on the Peninsula at this time? Mr. Greer answered by saying that the Penins~la ~s all S~ngle Family and the average house size is 2500 square feet. Member Foster asked Mr. Greer what the average square footage would be? Mr. Greer. 2500 square feet. Larry Austin 67 Windjammer Wynnwood Peninsula Mr. Austin's main concern is in regards to the Pilot Point traffic that now uses F.M. 423 to comute and the traffic impact this along with the traffic from the new development will create for the residents now living on the Peninsula. Dr. Donald Curtis 80 Windjammer Wynnwood Peninsula Dr. Curtis stated that he believes that the average square footage of homes on the Peninsula is more likely to be above 2000 square feet. Dr. Curtis would like the develoPment to keep the ~mage and be within the values of The Colony and Wynnwo°d Estates. Dr. Curtis does not feel a need for any Retail. He (Dr. Curtis) would like Park and Recreational areas and cultural development. Dr. Curtis's concerns (4) are the same as Mr. Greets: Pollution due to Retail and Ecological impact on creatures that now live on the Peninsula. Also the increase in traffic on Boyd Road and F.M. 423. Dr. Curtis would appr~iate ~the Commission taking these concerns into consideration when making their decision. Kenny Turner 85 Windjammer Wynnwood Peninsula Mr. Turner informed the Commission that he has lived on the Peninsula for seventeen (17) years and is the first homeowner there. Mr. Turner stated that he does his shopping in The Colony and does not see a need for two (2) economic areas. Penny Jack 88A Windjammer Wynnwood Peninsula Concerned with the roads and Fire and Ambulance response. Member Bock advised Ms. Jack that The Colony Fire Department will * respond to the Peninsula and that the response time has been discussed. Bob Shepherd 83 Windjammer Wynnwood Peninsula Concerned with only one way out of the Peninsula and that is Boyd Road to F.M. 423 and the new development will create a problem in this area for the residents now living there. Barbara Shaffer 81 Windjammer Wynnwood Peninsula Regarding the education ,the Peninsula now is in the Little Elm School District. Bas changing the areas school boundaries been addressed and is Lewisville School District being looked into? Chairman Fiumara answered "yes" to Ms. Shaffer's questions. Kathy Van Antwerp 26 Buckner Point Wynnwood Peninsula Ms. Van Antwerp introduced herself to the audience and Commission stating that she is the president of the Little Elm Board of Trustees, ** and that the school boundaries are in discussion. Mr. Austin asked how the duplexes and Single Family homes will be laid out in the development? Mr. Art Anderson, representative for the Nichols Trust, was present in the audience and exhibited a conceptual plan of the development and proceeded to explain the lay out of the development to the Commission and audience. Dr. Curtis asked how the zoning process was done. Chairman Fiumara explained to Dr. Curtis how the process works and what is necessary for a zoning case to be heard by the Commission and how the Commission bases its recommendations to the City Council. Dr. Curtis then asked about the progression to the City Council. Chairman Fiumara then explained the process from the Commissions recommendation to the Council and the Councils final decision. Angela Adams 87 Windjammer Wynnwood Peninsula Miss Adams expressed her concern on the traffic. Miss Adams explained that she is picked up by the school bus at 7:00 a.m. to be taken to school in Little Elm, which means that she has to get up 611 ~o later than 6:00 a.m. to be ready. ~hen the ne~ development starts the traffic ~ill be heavier an~ $~e i$ ¢oncerne~ that the bus ~ill pick her up at 6~00 a.m. If this happens she v~ll have to ~et up an hour earlier which means she will have to go to bed an hour earlier and this will cut into her study and social life considerably. David Veasha 101 Windjammer Wynnwood Peninsula How do the Commission Members feel about the development and what type of sewer system will be provided in this development? Marlene Sharrell 89 Windjammer Wynnwood Peninsula The Blue Herrings and wildlife do not need any businesses on the Peninsula. Lengthy discussion followed this citizen input. At this time Chairman Fiumara asked if there were any further questions. Being none Chairman Fiumara asked for a motion to close the hearing. Member Bock made a motion to close the Public Hearing. The motion was seconded by Member Foster and carried with the following vote: Ayes All present Noes None Member Bock thanked the audience for their input and told them it was greatly appreciated. Ghai~Zman Fiumara stated that there were several items that the Commission is concerned about. Chairman Fiumara stated that the information whichwas asked to be brought to the December 1st work session was not available at that time and did Mr. Anderson have it available now? Mr Art Anderson informed the Commission that Mr John Raglin did complete the traffic study and that Mr. Hal Jones, City T~ftic Engineer, has gone over it also. Mr. Raglin said that there will be improvements along Boyd Road and F.M. 42,3. Member Solohubow asked for a quick summary of the study by Mr. Raglin. Mr. John Raglin of 500 S. Ervay spoke on the "Master Plan". At this time Mr. Raglin gave a lengthy talk on the traffic study and the "Master Plan". At th~s tIme the Plannln? & Zoning Commission Members comF~led a l~st of their concerns and st~pulatmns and stated that they would l~ke all the ~nformatmn re~ardinR these concerns and stipulations brought before them at the January 12, 1988 regular session of the Planning & ZonIng Comm~ssmn. !. Before Certificate of Occupancy ~s given for the development a left hand turninF lane off F.M. 423 onto Boyd Road must be completed. 2.Eighty (80) foot R.O.W. on Boyd Road must be dedicated at time of platting. 3. Escrow monies with the City and work w~th the County to ~mprove Boyd Road. Chairman F~umara stated that F.M. 423 and Boyd Road will need the level of service improved and that a left hand turnlng lane from F.M. 423 onto Boyd Road must be put in. Member Bock's concern was on the size of homes. Member Bock would like to see more larger homes and some type of alternative regarding this, Possibly a percentage of small homes based on the average amount of homes being built in the development. Chairman Fiumara stated that he would like to see a Planned Develop- ment zoning and is concerned with the traffic that will be created by this new development. Member Foster raised her concern regarding Fire and Police protection and who is. responsible for the Fire and Police protection? Member Bock stated that Fire and Police protection were the City of The Colony's responsibility. Member Bock again raised her concern regarding the 1500 sq. ft. homes. Member Bock feels uncomfortable with the density these size homes could create and would like to see a varity of home sizes in the development. Member Solohubow would like this zoning to be placed on the January 12, 1988 meeting for further discussion at that time. Member Solohubow also, would like the question of the access road to Mr. Strief's property be addressed al that time. (Mr. Strief's access road was discussed at the November 10, 1987 meeting but had not been resolved at that time.) Member Solohubow would also like a memo from the Colony Fire Chief regarding the response time to the Peninsula and how he feels about this and his recommendations regarding the response time and what may need to be done to insure the safety of the residents of this development. At this time Member Solohubow made a motion to continue the discussion for consideration of this zoning case, Nichols Trust, until the January 12, 1988 meeting of the Commission and all of information regarding the concerns of the Commission be available at that time. The motion was seconded by Member Sharp. Chairman Fiumara asked if there was any further discuss;tOn before the vote was taken? Member Foster asked that Mr. Greet be notified of the meeting on the 12 of Janaury. Member Doss asked if the developer had considered raising the sizes of the 1500 square foot homes? Mr. Chas Fit~zgerald of Redwood Development stated that they would consider not having duplexes and to change the request for all Single Family 4 zoning. Art Anderson informed the Commission that the market would dictate the size of homes that the developer would build at the time of construction. Mr. Anderson asked if a Work Shop with the Commission could be held on 5th day of January, 1988. The Commission M~mbers were in agreement. At this time discussion ended and the motion carried with the following role call vote: Ayes All present Noes None 7. GENERAL BUSINESS Chairman Fiumara informed the Commission that the Mayor would like them to come up with some agenda items that they would like to discuss at a January, 1988 Joint WOrk Session. A short discussion followed. Member Bock made a motion to adjourn the meeting. Member Sharp seconded. The motion carried with ail voting aye. Metting adjourned at 10:40 p.m. Robert Fiumara, Chairman Judy Shirk, Recording Secretary 613 Corrections to the minutes: December 8th, 1988 meeting. Page ii Paragraph 6; that The colony Fire Department will respond to the Redwood Development on Wynnwood Peninsula. (Clarification of the area to respond to.) Page 4 Paragraph 13; Ms. Van Antwerp Little Elm Board of Trustees stated that discussion was being done regarding the school boundaries but that changing the boundaries is not being considered by the Little Elm School District.