HomeMy WebLinkAbout1988 P&Z MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON JANUARY 12, 1988
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. with the following Members in attendance:
Bob Fiumara Chairman
Agnes Foster Member
Bill Sharp Vice-Chairman
Robert Doss Member
Ear] Brantley Member
with Members Bock, absent due to illness, So]ohubow, absent due
to business, however a quorum was established. Also in attendance
were Bill Hall, City Manager; Bob van Ti], Administrative Staff
Planner; Tommy Turner, Public Works Director; Judy Shirk, Recording
Secretary; Mr. Hal Jones, City consulting Traffic Engineer.
A motion to open the meeting was made by Vice-Chairman Sharp and
seconded by Member Foster the motion carried with the following
vote:
Ayes All present
Noes None
1. Citizen Input.
None at this time.
At this t~me Chairman Fiumara moved that Agenda Item #4,the
preliminary/final plat for the Lakeway Baptist Church be
considered. All the Commission Members were in agreement.
4. Consideration of a preliminary/final plat submitted by Mr.
Setz]er, representative of the Lakeway Baptist Church,
located on an umPlatted area of The Colony but a part of the
J.C. C]ayborn Survey #313 at the intersection of North
Colony Blvd. and Ether~dge Road (4104 North Colony Blvd.),
as a 4.386 acre developemnt for a Church. Case #87-0019.
Mr. van Ti] informed the Commission that a site plan would be
brought before the Commission for their review at the proper
t~me. All the Commission needs to do at this time Js to
approve or not approve the plat.
Chairman F~umara asked if there were any questions regarding
this item from the Commission Members.
There being none, Chairman Fiumara asked for a motion on th~s
matter. Member Brant]ey made the motion to approve the
preliminary/final plat for the Lakeway Baptist Church. Member
Foster seconded. The motion carried with the following roll
call vote:
Ayes All present
Noes None
There being no other business on this item Chairman F~umara
thanked Mr. Setzler for attending the meeting.
At this t~me Chiarman Fiumara proceeded to Item #2 the WORK
SESSION regarding the Nichols Trust.
2. Work Session for further discussion regarding the zoning
change request for a tract of ]and, known as the N~chols
Trust, located on Wynnwood Peninsula approximately one (1)
mile west of F.M. 423 and South of Boyd Road from Agricultural
to Duplex, Single Fami~ 4 and Shopping Center.
Chairman Fiumara read a letter from Mr. Peter C. Greet, President
of the Wynnwood Home Owners Association. Attached to this letter
were sixty-five (65) names on a petiti, on opposing the zoning
(2)
change. Reference EXHIBIT "A" attachment to these minutes.
Mr. Bob van Til took the floor and went over with the
Commission the staff's views on the zoning change. A traffic
study was done and submitted to Chairman Fiumara for his review
prior to the meeting. Mr. Hal Jones Traffic Engineer for the
City concurred with this report. As of this time no cost amount
on the utilities has been compi]ed~this would be hard to determine
now. Approximately four hundred ninety (490) homes with an
average square footage of 1500 to 1800 sqaure feet will be built
in Phase I. Mr Nichols will maintain the alignment with Boyd
Road for Mr. Strief's benefit. There will be adquate Police
protection on the peninsula, but there was concern expressed
by the Fire Chief. Fire and Ambulance protection will decrease
on the peninsula by 25% unless a sub-station with a two man
paramedic crew is provided. The school district boundaries
have not been resolved. At this time Little Elm School District
is very reluctant in letting this area of the peninsula out of
their boundaries. Mr Nichols stated, from the audience, that
this will still be pursued. The platting stage will show the
school site and a site for a park or fire station. Mr van Ti]
informed the Commission at this time that staff's recommendation
is for approval of this zoning change contingent on traffic impact
and the fire sub-station.
Chairman Fiumara asked if Boyd Road were black topped and how
much traffic can it handle? As it is now, it handles a low
volume of traffic. Mr. Ha] Jones stated that Boyd Road will need
to be improved in time, due to the amount of traffic that will
be generated with the new development. A concrete roadway would
handle this traffic best. (Approximately 5000 trips per day with an
estimated 400 cars per day is calculated.) Provisions to improve
this road should be provided if zoning approved. Member Brantley
asked Mr. Jones how many cars will a two lane roadway handle
and still remain in good condition? Mr Jones stated that 10,000
tr~ps a day can be handled adequately by a two lane roadway.
At this time Chiarman Fiumara recognized Mr. Art Anderson,rep-
resentatJve of the Nichols Trust, and asked him to come forward
to give his presentation.
At this time Mr. Anderson summarized the concerns of the
Commission. Mr. Anderson stated that there was a total of 368
acres in the trust and 145 acres are designated for the zoning
change. Mr. Anderson informed tha Commission that Mr Nichols has
dropped the Duplex zoning in favor of only Single Family4 and
Shopping Center. Mr. Anderson expressed his understanding of
the concerns for the present residents on the peninsula but that
this development will satisfy the retail needs for all the residents
on the peninsula and also help the traffic problem on F.M. 423
by stopping a lot of travel going into The Colony to shop. Mr.
Anderson stated that a ]eft hand turning lane at the intersection
of Boyd Road and F.M. 423 will be constucted by the property
owner. Mr Anderson stated that the RzO.W. wi]l be obtained at
the t~me of platting. Regarding a traffic signal at the %n~er-
section of Boyd Road and F.M. 423 the State did not feel that it
is necessary at this time and until the State does feel a need,
one cannot be placed there. Mr. Anderson stated that Mr Nichols will
put certain monies into an escrow account to help defer the cost and hold
until, time that the State feels that the intersection warrents a
signal. Mr Anderson also stated that the Certificate of Occupancy
will be restricted to fulfilling the deed restrictions that have
been drawn up. At this time Mr. Anderson read from~the deed restric-
tions in regards to the square footage of the houses.
Page 3, section 1 DWELLING SIZE.
The residential tract shall be developed pursuant to the SF-4
District Standards as set fourth in the Zoning Ordinance of the
City of The Colony except that the; main residential portion of
each Unit constructed on the Residential Tract must consist of
a minimum floor area equal to or greater than the following:
(a) 25 percent of the Units shall consist of a minimum floor area
of 1,500 square feet.
(b) 20 percent of the Units shall consist of a minimum flocr area
of 1,600 square feet.
(3)
(c) 35 percent of the Units shall consist of a minimum floc. r area
of 1,700 square feet.
(d) 20 percent of the Units shall consist of a minimum floor area
of 1,800 square feet.
(e) Notwithstanding the foregoing, the average floor area of the
main residential portion of all of the Units constructed on
the property shall be equal to or greater than 1,650 square
feet.
To determine the average unit size as described hereinabove,
calculations shall be prepared for review by the, City's Director
of Planning according to the following schedule:
Upon issuance of a total of 60% of the bu~ildJng permits for
units on the entire tract.
Upon issuance of a total of 75% of the building permits for
units on the entire tract.
Upon issua, r, ce of a total of 90% of the building permits fcr
units on the entire tract.
Mr Anderson felt that this schedule should make all the COmmission
Members comfortable with the square footage of the units.
Mr Anderson mentioned that the deed restrictions could be a
condition of the, motion. At this time Mr Anderson asked tha~ the
Commission approve the zoning change for the Nichols Trust property.
Member Brantley asked if there ~vas any ]and made available for a
fire stat]on? Mr Anderson stated that there are 3% acres set aside
for a park or a fire station.
Member Foster asked about the remaining acres in the Trust not
in the zoning change at th]s time and what is the intent for th4s
]and? Mr' Auderson stated that at th~s t~me there was nothing
definite b~t possibly all S~ng]e Family.
At this t~me Member Brant]ey raised several questions regarding
the deed restr4ct4ons on page 4, i/ems a,b,c, and d.
Item A.Member Brant]ey asked ~f there was enough ex~st]ng r-o-w
along F.M. 423 for the ~ntended ]eft turning lane? Mr Anderson
could not answer th4s at th~s t~me, They are l~m]ted as to howtthey can
aqu~re the R.O.W. ~f 4t is not-there. 1. see ]f the State provides
the R.O.W. 2. Condem the property needed for the R.O.W. 3. purchase
the R.O.W.from the property owners.
Member Brant]ey asked ~f the C~ty may have to buy the R.O.W?
Mr Anderson stated that the owner, Mr Rusty Nichols, w~]l aquire
the R.O.W.at the Nichols Trust expense.
Member Brant]ey asked Mr Ha] Jones, City Traffic Engineer, ~f he
had looked at the 4ntersection of Boyd Road and F.M. 423 to see
if there ~s enough shoulder along F.M. 423 to make a ]eft turning
lane? Mr Jones said that the shoulder could be beefed Up for the
turning lane.
Mr Jones was asked by the Commission if there was a need for a
signal light at the intersection of Boyd Road and F.M. 423?
Mr Jones felt that a signal light ]s needed due to the turning
lane. Mr Jones suggested that the City write a letter to the State
]n regards to this need.
Item B. Member Brant]ey asked ]f the City, County or State would
be responsible for the monies needed to install the signal light?
Mr Jones answered this by stating that the State would be
responsible for the monies.
Item C. Member Brant]ey asked ]f the R.O~W.on Boyd Road is the
designated eighty (80) feet and does this include utilities and
drainage? Mr Jones informed the Commission that the R.O.W. w] [ i be
eighty (80) feet Mr Ha]], City Manager, stated that the
utilities and drainage are included.
(4)
Item D. At the time of platting, the Property's projected paving
assessment cost for improving one-half of Boyd Road to City stan-
dards must be escrowed with the City for the express purpose of
upgrading the paving surface for two lanes of Boyd Road from the
Property to F.M. 423, in lieu of improving Boyd Road adjacent to
the Property.
Member Brantley stated that he would like this clarified.
Mr Anderson informed the Commission that the Nichols Trust is
required to improve the existing Boyd Road, one-half which runs
through the Nichols Property and bring the surface up to the City
of The Colony standards and that the City of The Colony will be
responsible for the one-half of Boyd Road which is out of the
Nichols Property but still within the City Limits. Mr Anderson
stated that monies would be put in an escrow account with the City
for the express purpose of upgrading the paving surface of Boyd
Road.
Member Brantley asked how much R.O.W. is on Boyd Road? Mr Nichols
stated that the R.O.W.is sixty(60) feet.
Member Brant]ey asked how Boyd Road will be maintained? Mr Hall
told the Commission that the City wi]] seek assistance from the
County to help maintain Boyd Road, but that the City will maintain
it if the County does not.
Section 3 page 4. Member Brantley expressed that the fire station
sou]d be located on a main artery within the development and not
in a residential area. Mr Anderson did concur with this.
At this time Member Foster went back to item b page 4 with a
question on the monies for the installation of the traffic signal.
Member Foster was concerned on the cost of this signal light and
how exact]ey will it be paid for? Mr Anderson stated that monies
would be put in an escrow account with the City to represent the
propertY~ pro rata share of the cost.
Mr van Til informed the Commission that the installation and cost
of the signal light was the State and the Developers responsibility
to handle the monies.
Member Doss felt that the house sizes were a good mix and asked
how they would be laid out in the development?
Mr Anderson stated that it was hard to say at this time. They
may have a mixture of different sizes or designate certain size
homes to be in certain areas. This will be decided at the time
of platting.
There being no further discussion Chairman Fiumara asked that the
Commission move onto Agenda Item #3.
#3 Consideration of a zoning change request, as requested by
Redwood Development, representative of the Nichols Trust, for
a tract located approximately one (1) mile west of F.M. 423
and South of Boyd Road, in the BBB & CRR Co. Survey #182, and
the official zoning map 0f the City of The Colony from~
Agricultural district to Shopping Center, Duplex and Single
Family 4 districts. Case #87-0018
Chairman Fiumara asked that Mr Nichols cross out the Duplex zoning
On his application, leaving Single Family 4 and Shopping Center
the only zoning asked for. This request is in reference to
Mr Andersons statement that the developement will forego the
Duplex homes.
Chairman Fiumara asked that Mr van Til contact the City Attorney
asking the Attorney if the motion to approve should state that
approval based on the conditions layed out in the "DEED RESTRICTIONS"
or should the conditions be made into an ORDINANCE.
Mr van Ti] said he would look into this and have the information
by Janaury 26, 1988 meeting.
Member Sharp raised the question on how the City can maintain
Boyd Road when it is a county road?
Mr Hall stated that the City has the authority to improve and
maintain Boyd Road within our city limits without County consent
and that the County will have to improve Boyd Road that is not
within the city limits when it Js necessary for the road to be
improved.
Member Brant]ey asked Mr Jones to look into the R.OT~.w. to insure
that, in fact, there is ample R.O.W. for future expansion.
Mr Jones said he would do this and get the information back to
Mr van Ti], with a letter, before the January 26, 1988 meeting.
0
(5)
Being no further discussion Vice-Chairman Sharp made a motion
to table the consideration of the zoning request until further
review by the City Attorney in regards to: Should the motion
to approve contain the "DEED RESTRICTIONS" or should the motion
contain an ORDINACE with the conditions~ to be brought back
before the Commission no later than Janaury 26, 1988 meeting to
be voted for approval or denile at that time. Member Doss
seconded the motion. Chariman Fiumara asked it there was any
further discussion. Member Brant]ey asked that when this item is
brought back before the Commission on January 26, 1988 will it be
possible for the Commission to vote on this without further
discussion? Chairman Fiumara stated that this ques~tion could not
be answered. There being no further discussion the motion passed
with the following roll call vote:
Ayes Member's Foster, Doss,
Vice-Chairman Sharp and
Chairman Fiumara
Noes Member Brantley
At this time Chairman Fiumara called for a recess. 9:20 p.m.
Meeting called back to order at 9:35 p.m.
#5 GENERAL BUSINESS
a. Platting and zoning fees and fee structure.
Mr van Ti] went over these fees with the Commission. Mr van
stated that he would like to see a fee set up for Planned Development
as the City does not have one to date. Mr van Til would like to
drop the fee down from $50.00 dollars on the ~ewspaper notification
Mr van Ti] ~eels that this $50'.0-0 dollar fee~ %o high~
Chairman Fiumara asked that a study of other area cities fees be
looked into. These cities being Lewisville, Carro]lton and Piano.
Mr van Ti] told the Chairman that he would look into this and
get back with the Commission at a later date.
b. Grandfather~ and expired S.U.P.'s.
Chairman Fiumara asked Mr van T]l how the Grandfathered and
expired S.U.P.'s were legally hand]ed so that if the establishment
is closed any person(s) wanting to reopen this establishment must
come before the Commission for a new S.U.P.?
Mr van Til stated that the none comforming structure and uses
section 20 in the appendix A of the zoning o~di'nance covers-this
issue. That all new Ordinances pertaining to S.U.P.'s have the
name of the owner or person(s) in charge and the address the
S.U.P. is given to written into the Ordinance. By doing this
the S.U.P. is actually issued to the owner(s) or person(s) in
charge and the address of the establishment if this establishment
is vacated the S.U.P. is recinded.
Chariman Fiumara asked Mr van Til to provide the Commission with
a list of Grandfathered and expired S.U.P.'s located in
what use to be Eastvale. Mr van Ti] said he would comply with
this request.
#6 PENDING ITEMS
a. North pointe Phase I, final plat extension for 6 months.
Chairman F~umara asked Mr van Til to check other cities and see
how they handle these extensions. With the economy the way it
is Chairman Fiumara feels that extensions will be prevelent for
a wh~]e. Mr van Til said that he would also check into this
request.
b. K.L. Liquor
Mr van Til informed the Commission that this item ~s going before
the City Council at there February 1, 1988 Regular meeting.
(6)
Chairman F~umara asked Mr van Ti] to change the joint meeting
between Planning & Zoning and the City Council for a later
date.
Chairman Fiumara also asked that restricting liquor store and
bars per population be looked into.
With no further business Member B~ant]ey made a motion to close
the meeting. Member Foster seconded. The motion passed with
the following vote:
Ayes Ail present
Noes None
Adjourned at 10:30 p.m.
Robert Fiumara, Chairman
Judy Shirk, Recording Secretary
Corrections to the minutes;
Page 4 Paragraph 8: that F.M. 423 be added to the end of the sentence, (regarding
ample R.O.W. for furture expansion on F.M. 423.)
602
EXHIBIT "A"
December 30, 1987
Mr. Robert Fiumara,
Chairman, Planning and Zoning Comm.
5305 Sagers Blvd.
The Colony, Texas 75056
Dear Sir:
As you requested, we are mailing you a copy of :
our petition in opposition to the Development
Plan of Redwood Properties. We hope you will
include it in your workup and recommendations to
The Colony City Council.
Respectfully!
Peter C. Greer,
President, Wynnwood
Homeowner's Association
THE FOLLOWING STATEMENT ON BEHALF OF THE RESIDENTS OF
WYNNWOOD HAVEN WILL BE PRESENTED TO THE COLONY ZONING
BOARD AND THE DEVELOPERS OF THE NICHOLS RAi~CH PROPERTY
ON BOYD ROAD.
IF POLLED, THE RESIDENTS OF WYNNWOOD HAVEN WOULD COtlE DOWN SOLIDLY
IN FAVOR OF NO DEVELOPMENT ALONG BOYD ROAD AS THE BEST COURSE OF
ACTION, AI~D IF DEVELOPMENT I.R3ST PROCEED, THEN WOULD LIKELY FAVOR
SINGLE FAMILY DWELLINGS WITHOUT ANY RETAIL PROVISION AS THE LEAST
OBJECTIONABLE DEVELOPmeNT OPTION AS THAT COURSE IS CONSISTENT WITH
WHAT ALREADY EXISTS IN OUR NEIGHBORHOOD.
OUR CONCERNS OVER THE PROPOSED DEVELOPI't~.NT PLA/{ ARE; 1) AN
UNACCEPTABLE INCREASE IN TRAFFIC CONGESTION ON BOYD ROAD, 2)
REDUCTION OF PROPERTY VALUES, 3) INCPEASED CRI~.IE 1~ AN ESSENTIALLY
CRI~4E FREE AREA, 4)INCREASED LITTER AND VISUAL POLLUTION THAT
ALWAYS ACCOMPANIES I~ETAIL DEVELOPMENT, 5). THE ENVIRON~.~ENTAL
IF-':,%CT ON THE HABITAT OF GREAT BLb'E HERONS AND OSPREYS THAT BREED
AND NEST IN OUR AI~EA.
IT WOULD BE OUR DESIRE THAT ANY DEVELOPMENT BE REASONABLE AND ORDERLY
AND IN KEEPING WITH THE COMMUNITY NEEDS %~ILE AT THE SA/.tE TI~.~
PRODUCING ADEQUATE TAX REVENUES TO T}LE COLONY A/~D FAIR PROFITS TO
THE DEVELOPERS.
WITH THE FOREGOING' IN MIND YOU HAVE AN OPPORTUNITY TO BECObtE
PEOPLE OF VISION AND SAGACITY BY RULIN~ IN FAVOR OF SINGLE FAMILY
RESIDENCES, WITHOUT THE PROVISIONS FOR RETAIL DEVELOPMENT. WE FEEL
THAT THIS COURSE OF ACTION BEST SERVES THE NEEDS OF OUR COMMUNITY
WHILE SUPPORTING EXISTING AREA blERCHANTS AND BUSINESS ON HIGHWAY 423.
SUCH PLAN WOULD ALSO PROVIDE ADEQUATE TAX REVENUES TO THE COLONY,
AND PROVIDE THE DEVELOPER A MORE THAN FAIR RETURN ON HIS INVESTMEN"~.
FURTHER, YOU HAVE THE OPPORTUNITY TO SERVE THE COM34U~ITY AND BE
RESPONSIVE TO YOUR CONSTITUENCY, OR YOU C~! BECOME SUBSERVIENT TO THE
GREED OF BUS!~ES .... THE CHOICE IS YOURS. WHICH WILL IT BE?
PETITION
WE THE UNDERSIGNED DO OPPOSE GRANTING RETAIL AND MULTIPLE
FAMILY ZONING TO REDWOOD PROPERTIES, INC. FOR THE DEVELOPMENT
OF THAT TRACT OF LAND KNOWN AS NICHOLS RANCH.
NO. OF PEOPLE APPROX.
ADDRESS IN HOUSE SO. FT.
2oo0
,625 PETITION
WE THE UNDERSIGNED DO OPPOSE GRANTING RETAIL AND MULTIPLE_ '~--
FAMILY ZONING TO REDWOOD PROPERTIES, INC. FOR THE DEVELOPMENT~--'
OF TRAT TRACT OF LAND KN'OWN AS NICHOLS P, ANCtt.
NO. OF PEOPLE APPROX.
NAME ~ ADDRESS IN HOUSE SQ. FT._
~' ~/~ . _~ , ,,'' ·
PETITION
WE THE UNDERSIGNED DO OPPOSE GRANTING RETAIL AND MULTIPLE
FAMILY ZONING TO REDWOOD PROPERTIES, INC. FOR THE DEVELOPMENT
OF THAT TRACT OF LAND KNOWN AS NICHOLS RANCH.
NO. OF PEOPLE APPROX.
ADDRESS IN HOUSE SQ. FT.
PETITION
WE THE UNDERSIGNED DO OPPOSE GRANTING RETAIL AND MULTIPLE
FAMILY ZONING TO REDWOOD PROPERTIES, INC. FOR THE DEVELOPMENT
OF THAT TRACT OF LAND KNOWN AS NICHOLS RANCH.
NO. OF PEOPLE APPROX.
NAME ,. , ADDRESS IN HOUSE SO. FT.
/
71fa ~ ~ :.: ,~, ~ : ~:~. ~. ~ c~ ~. : s ~,
CITY OF THE COLONY
DENTON COUNTY, TEXAS
JANUARY 25, 1988
TO ALL INTERESTED PARTIES:
Notice is hereby given of a JOINT WORK SESSION of the Planning
and Zoning Commission and the City Council of the City of the
Colony, Texas to be held at 7:30 p.m. on the 25th day of
January, 1988 at City Hail, at which time the following ~tems
w~]~ be addressed:
1. Discussion of meeting facilities for Planning and Zoning
2. Discussion of packet preparation for P~anning and Zoning
a. Prepared in a t~me~y fashion
b. AIl necessary ~nformation included
3. Discussion of the use of more work sessions or pre-application
meetings for Planning and Zoning to review plans
4. Discuss role of liaisons:
a. Counci]
b. Staff Planner
c. Secretary
5. Discuss communications between Planning and Zoning and the
City Council, and C~ty staff
6. Recommendation that Planning and Zoning members participate
in C.O.G. courses (or other appropriate courses) regarding
zoning issues and administration
7. Discussion of the Master Plan
8. Discuss the use of outside consultants:
a. Engineers
b. Attorneys
9. Discuss the authority and limitations of the Plannfng and
Zoning Commission
CERTIFICATION
I do hereby certify that above notice of meeting was posted on
the front door of C~ty Hall by 5:00 p.m. on the 20th day of
January, 1988.
Patti A. Hicks, City Secretary
62'3
MINUTES OF THE CITY COUNCIL MEETING
HELD ON
JANUARY 25, 1988
The JOINT WORK SESSION of the City Council and the Planning and
Zoning Commission of the City of The Colony, Texas was called to
order at 7:30 p.m. on the 25th day of January, 1988 at City Hall
with following roll call:
CITY COUNCIL:
Don Amick, Mayor Present
Rick Harris,Mayor Pro-tem Absent
Johnny Spears,Councilman Present
Michael Robinson,Councilman Present
Steve Glazener,Councilman Absent
Harvey Bradley,Councilman Present
Marlene Poole,Councilman Absent
PLANNING AND ZONING:
Bob Fiumara, Chairman Present
Earl Brantley Present
Cathy Bock Present
Agnes Foster Present
Bill Sharp Present
Robert Doss !. Present
Tim Solohubow . Absent
and with four Council members present.and six Commission members
present a quorum was established in each and the following items
were addressed:
Mayor Amick opened the meeting by stating that he had met with
the Planning and Zoning Commission recently and there was a need
expressed to hold a joint~ Work Session with the Council. The
Mayor stated that he asked Chairman Fiumara to set the agenda and
noted that the agenda as listed could be broadened if necessary.
At this point Chairman Fiumara addressed the following:
1. DISCUSSION OF MEETING FACILITIES FOR PLANNING AND ZONING
Chairman Fiumara stated that when the Commission had met in
the old City Hall they always felt it was not a proper
meeting facility and had looked forward to using the new
building, going on to say that they were told after the new
building was opened that P '& Z could not use the Council
dias for their meetings.' Chairman Fiumara stated that the
Commission has had to 'meet in the classroom which is not
large enough, that they.do not even have name plates for
identification and that staff has not been able to locate a
proper place for them to meet. The Chairman stated that
now, the Library meeting room'has been recommended, going on
to say that P & Z members pay taxes and that they want a
proper place to meet. Member Sharp noted that the manner in
which the tables are ,set .up in the classroom makes it
difficult for all 'members .to have a full view of the
audience. Member Foster stated that the impression of the
City should be professional 'and the manner in which P & Z
has to hold their meetings is not.
Mr. Bill Hall, CityiManager explained that the Library
meeting room had been sugges'ted because it is large enough
to accommodate 30 to 40 people, the table is large enough to
accommodate the entire Commission and felt it would be an
appropriate permanent meeting'room for P & Z. Membe~ Sharp
stated that sometimes there are more than 30 to 40 people
present, such as in the case o'f the 205 acres.
Mayor'Amick asked if there are times when P & Z conducts
Public Hearings and then other times when they hold work
sessions. Chairman Fiumara stated that was correct. Mayor
~0 Amick suggested that when P & Z holds a Public Hearing, they
could use the Council dias for professional appearances and
that when the Commission holds a work session they should
continue to meet in the classroom so that there would be
room to spread plans out on the table, etc. Member Brantley
stated that he felt there should be room in both cases to
spread out plans. After a brief discussion both Council and
P & Z agreed on the Mayor's suggestion.
2. DISCUSSION OF PACKET PREPARATION FOR PLANNING AND ZONING
A. PREPARED IN A TIMELY FASHION
B. ALL NECESSARY INFORMATION INCLUDED
Chairman Fiumara stated that the Commission wants the packet
ready by close of business on the Friday preceding the
meeting on Tuesday, going on to say that on several
occasions they have requested not to have more than one
Public Hearing on the same agenda and that on the agenda for
the meeting on January 26, there are two Public Hearings.
The Chairman went on to say that staff should check with the
Commission before setting the agenda and that sometimes all
the necessary information is not included in the packet.
Chairman Fiumara gave an example of a case coming up for a
full service night club, stating that staff has recommended
approval after reviewing the site plan, traffic and parking.
The Chairman asked why the Police Department had not checked
this business out before it came to P & Z. Mayor Amick
asked why the police should do this and the Chairman said to
determine the activity by the business. Mayor Amick asked
what the police department signing off on this would mean.
Chairman Fiumara stated it would mean that the man meets the
police department laws. Mayor Amick said that other
businesses and stores are not checked out in that manner,
but they are just asked about their policies, going on to
say P & Z should check these things out not the Police
Department, noting that would discriminatory.
Chairman Fiumara stated that the check list was not being
completed properly and that it should be in order to cut
down the time necessary to process a zoning request.
Chairman Fiumara citer several examples in which he felt
staff has not completely researched information and checked
the list.. Mayor Amick asked if all the questions were
answered by staff then what would be the need for P & Z.
Chairman Fiumara stated to catch things that don't get
noticed by staff and the engineers. Mayor Amick asked if
there was an established check list and the Chairman said
the City had paid for one twice. Mr. Hall stated that the
first list prepared was a work sheet not a check list, going
on to say that staff does have a check list they use.
Member Sharp stated that C.O.G. says that P & Z is a work
force the City uses to ensure that everything is complete,
ie. plans, etc. before being presented to the Council and if
staff can get more information together before P & Z reviews
it that would result in P & Z being able to make things
easier for Council, which would ultimately be easier for
staff to handle problems.
Councilman Robinson asked to what extent ~P & Z is to make a
decision, for example asking the police department to do an
investigation of a particular business. Mayor Amick stated
that this type thing is 'beyond the realm of P & Z going on
to say that P & Z should check out 1) traffic, 2) location,
3) occupancy, 4) fire exits, and 5) parking. The Mayor said
also that P & Z should asked specific questions regarding
the business policies. Mayor Amick then said he does not
disagree with the check list, but feels it may be too
extensive, going on to say that if staff does too much
detailed research and P & Z then feels no questions are
necessary, the City could get caught. Chairman Fiumara said
the zoning applications are not always complete and the
basic check list is not being done.
Councilman Spears stated there seems to be some animosity
and if there is no reason why the check list should not be
used then if there is a r~commended form to use it. Member
Bock said that Bob van Til had told them there was a list
~.!. ~that Department Heads check off on but they have not seen it
"is writing, they only get the information verbally. Mayor
Amick said there needs to be a clear understanding of what
the check list is and what it is to be used for.
Councilman Spears said to quit haggling over past issues and
move forward, stating perhaps the Council has never met with
P & Z and given them direction. Mayor Amick stated that
really the Council can't do that because P & Z is bound by
the Zoning Ordinance There followed a lengthy discussion
regarding how much information was necessary to make a
valid, sound decision. Mayor Amick stated that P & Z should
draw up a list and go. with it.
Member Brantley asked if the Council sees pertinent minutes
regarding special issues from P & Z meetings. Mayor Amick
said he feels they should not see the minutes to make a
decision, going on to say that it should come to Council as
new information. Member Brantley asked if a'~development
comes in and meets all the requirements, but P & Z sees a
way to enhance the City, could that be requested by P & Z.
Mayor Amick stated they could recommend those changes and
that they should.
Chairman Fiumara stated that P & Z approved a preliminary
plat some time ago, final plat is now before them, and staff
advises it falls under the new rules. The Chairman said he
asked staff to check with the attorney to see which rules
apply. Mayor Amick stated .that if the preliminary plat was
approved ~under the old rules by Council then it is
grandfathered. Chairman Fiumara agreed, but said that staff
disagreed and had put in some changes, ie. 17' alley instead
of 15'and drainage. Mr. Hall said that change regarding
drainage had not come from F & J but from the engineer
because the past criteria was not adequate and'the engineer
was asked to re vamp the plans. Mr. Hall went on to say
that even though it was approved 14 months ago, it would
cost the city more in the long run, stating he had spoken
with Joe Luciani and Bill Allen of F & J and they both
agreed with the changes in drainage. Mr. Hall said the 17'
alley request is a mistake. Mr. Hall went on to explain the
drainage problems in that area. There was a lengthy
discussion regarding this plat. (Northpointe)
Chairman Fiumara said not only in the case of Northpointe
but anytime something is approved under the old rules can
the City then asked the developer to come up to the new
standards. Mayor Amick said he was anticipating a legal
question and he should not do that. There was a lengthy
discussion regarding the' Northpointe development and its
progress, with Member Bock stating they had been delayed for
3 months. Mr. Hall said F & J was asked not move dirt until
the drainage plans were in. Member Bock said F & J was
calling P & Z members because they could.not get the answers
from staff. Mayor Amick said P & Z should advise developers
to call the Council or Mayor and then they would contact the
City Manager regarding such problems.
Mayor Amick summarized by saying that a check list should be
drawn, up , the packets should prepared completely and in a
timely fashion.
Member Brantley again asked how P & Z can bring up bettering
the City to a developer, ie., the northern development needs
better roadway than the engineers call for. Mayor AMick
said it can be brought up in the meeting and then if it
meets a dead-end, send it to Council as a requirement to get
Council approval. There followed a lengthy discussion on
how P & Z can negotiate with developers to enhance beauty
and quality of life in the City. Member Brantley said if we
had a Master 'Plan it would b helpful. Chairman Fiumara
asked if Council and P & Z could meet and go over the
current Master Plan and Thorough Plan to set some'5 ~- 10
year goals. All agreed and scheduled 'another meeting
February 8, 1988 for Council and P & Z. Mayor' Amick
instructed Mr. Hall to bring the Master Plan to the January
30, 1988 retreat to review.
Chairman Fiumara asked for guidance from Council regarding
what is wanted in the City with regard to apartments. Mayor
Amick said the feeling has always been 'that apartments will
be south of 121. Chairman Fiumara then said that there some
things on the books (Code) that :should be reviewed and
removed, ie. duplexes, 1500 square feet minimum. Councilman
Spears and the Mayor both agreed these should be reviewed.
There was a discussion regarding' limiting liquor stores or
any other business in the City. Mayor Amick stated it is
not right for a governmental body to restrict any particular
business.
3. DISCUSSION OF THE USE OF MORE' WORK SESSION OR PRE-
APPLICATION MEETINGS FOR PLANNING AND ZONING TO 'REVIEW PLANS
Chairman Fiumara said that P & Z has found that holding a
work session with developers before hand can be very
beneficial, stating that recently a 'developer came 'in 'to a
work session and stated that a Councilmember had seen the
plans and had stated they' would be O.K., going on to say
that should not happen. 'Mayor ~Amick said perhaps the
developer was just trying to put something over on P & Z
and cautioned that elected officials'should not review plans
.with a developer and give any approval, but should remind
the developer that he/she is only one vote, going on to say
that then the information should be passed on to P & Z.
Chairman Fiumara said he..feels P & Z should meet with
Council before the case comes up for consideration. Member
Foster asked what the Council liaison is for. Mayor Amick
said that he feels the pre-application work sessions are for
P & Z and stated there are certain steps to be taken to
process a case, going on to say that if the Council is at
the P & Z work sessions then why. have a P & Z Commission.
Councilman Bradley agreed, stating that C.O.G. says Council
should not even see cases before they come to the for final
approval with recommendation from P & Z. Mayor Amick said
the Liaison should attend the P & Z meetings by invitation
only and not to address a specific agenda item, going on to
say the problems such as the check list should have taken to
Councilman .Bradley. Member Sharp said the liaison should
attend every meeting in audience so he can relate to Council
what can't be recorded on tape or in the minutes. Mayor
Amick said those things should be brought to Council by P &
Z.
At this time, the Mayor called'a brief recess
4. DISCUSS ROLE OF LIAISON~S:
A. COUNCIL
Mayor Amick stated this had been covered earlier in agenda
item No. 3.
B. STAFF PLANNER
Chairman Fiumara said he has asked for a smaller agenda,
citing the January 26, 1988 agenda. Mayor Amick asked why P
& Z wants a smaller agenda. Chairman Fiumara said they do
not want two Public Hearings on one agenda. Member Brantley
said they do not want two different developers in one
meeting and they do not want two liquor stores on the same
agenda. Mayor Amick stated they could limit ~the number of
items and specify not two of the same type items, going on
to say that sometimes there may be exceptions, but to set
the standard and see how it goes. Mayor Amick asked
Chairman Fiumara if he reviews the agenda before posting and
the Chairman stated he used to. Mayor Amick stated that he
should always do so.
C..SECRETARY
Chairman Fiumara said the secretary is very nice, but that
she makes lots of typographical errors that could cause
technical problems. The Chairman stated that the secretary
refused to make copies as requested, stating that the City
did not have money for copies. Mayor Amick asked Mr. Hall
if he was aware of this and Mr. Hall replied he was not.
Mayor Amick said that any problems of this nature should be
referred to Councilman Bradley.
5. DISCUSS COMMUNICATIONS BETWEEN PLANNING AND ZONING AND THE
CITY COUNCIL, AND CITY STAFF
Mayor Amick advised this had been sufficiently covered
earlier.
6. RECOMMENDATION THAT PLANNING AND ZONING MEMBERS PARTICIPATE
IN C.O.G. COURSES (OR OTHER APPROPRIATE COURSES) REGARDING
ZONING ISSUES AND ADMINISTRATION
Member Doss said he asked for this because he feels that he
and other P & Z members need more training and information,
such as what kind of questions they should ask. Mayor Amick
directed the liaison, Councilman Bradley to look into these
courses.
7. DISCUSSION OF THE MASTER PLAN
Mayor Amick said this had been addressed earlier, reminding
everyone of the meeting set f6r February 8, 1988.
8. DISCUSS THE USE OF OUTSIDE CONSULTANTS:
Chairman Fiumara said an attorney is not needed too often
and staff usually handles that, but that in engineering
sometimes the case is too complicated and it should go to
the city engineer or the developer should be asked to
provide more information. Mayor Amick said depending on the
impact, this type thing should be brought to Council to
decide if funds should be spend on an attorney or engineer.
Chairman Fiumara said only certain criteria should be
addressed by the engineer. Mr. Hall said he hesitates to
use the City Engineer to research something that the
developer's engineer should have done. Mr. Hall said the
City could probably give the engineer a list of things to
check and that he should check no more unless asked to do
so. Member Bock said that there needs to be some
clarification regarding what engineer does what, stating
that for example, in Plano, with a development of 0 - 100
acres, the developer provides the traffic study, not the
City. Mr. Hall said that is a good point and that some
policies need to be established. Mayor Amick agreed,
stating that this was something we had never had to address
before, and directed P & Z to come up with some guidelines
and present them to the Council.
~. · At this time Chairman Fiumara mentioned a letter in which
was stated that Bill Hall had met with L.I.S.D. in regard to
some property on Wynnewood being released from the Little
Elm School District,' going on to say that'P & Z was not
aware of such a meeting and they should have been. Mr. Hall
said that he would be happy to pull the minutes of the
meeting ~in which P &'Z was made aware'of such a meeting.
There followed a lengthy discussion regarding the property.
9. 'DISCUSS THE' AUTHORITY AND LIMITATIONS OF THE PLANNING AND
ZONING COMMISSION
Mayor Amick said this really depends upon the case before
the commission, stating that they can ask any question, .but
they cannot "hold the developer hostage" until they get the
answers they want. The Mayor said any major problems the P
& Z has will show up in the minutes of their meeting and
will alert the Council~. Mayor Amick said that we all go
beyond our authority and limitations sometimes,, we have to
be very careful.
There followed some general discussion regarding tabling
items that do not have proper back up. Chairman Fiumara
thanked the' Council for this session stating that he was
sure the Council and staff had some gripes too. Mayor Amick
said he biggest fear is that as the City grows, we will
cease to work together, stating he had been please with ~P &
Z.
With no further business to address, Councilman Bradley moved to
adjourn and Councilman Robinson seconded the motion which carried
with all members voting Aye.
Mayor Amick adjourned the meeting at 11:00 p.m.
APPROVED:
Do~JA~ick, ........
ATTEST. -
Patti A. Hicks, City Secretary
[SEAL]
'635
CITY OF THE COLONY
DENTON COUNTY, TEXAS
JANUARY 21, 1988
TO ALL INTERESTED PARIES:
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 January, 1988, at 7:30 p.m., at City Hall
at which time the following items will be discussed:
1. Approval of the minutes of the January 12, 1988 meeting
2. Citizen Input
3. PUBLIC HEARING as requested by Mr. Hampton to have the
Comprehensive Zoning Ordinance and the Zoning Map of the City
of The Colony, Texas amended so as to give a location, Jn the
Colony Point Joint Venture Shopping Center (5110 Paige Rd.)
a Specific Use Permit for the sale of beer, wine and liquor
for off-premise consumption in a General Retail District.
Case #87-0021
4 Review and Consideration of the Site Plan for the Specific
Use Permit, as requested by Mr. Hampton for a location in the
Colony Point Joint Venture Shopping Center (5110 Paige Rd.)
for the sale of beer, wine and liquor for off-premise
consumption.
5. PUBLIC HEARING as requested by Mr. Chapman, to have the
Comprehensive Zoning Ordinance and Zoning Map of the City of
The Colony, Texas amended so as to give a location in the
Peters Colony Shopping Center (5204 South Colony Blvd.) a
Specific Use Permit for the sale of beer, wine and liquor by
the drink, for On-Premise consumption. Case #88-0001
6. Review and Consideration of the Site Plan for the Specific
Use Permit as requested by Mr. Chapman for a location ~n the
Peters Colony Shopping Center (5204 South Colony Blvd.) Suite
400 for the sale of beer, wine and liquor by the drink for
on-premise consumption.
7. Review and Consideration of a zoning change request for a parcel
of property owned by the Nichols Tract located on the Wynnwood
Peninsula approximately one (1) mile west of F.M. 423 and
contiguous to the south r-o-w of Boyd Rd. from Agricultural
to Single Family 4 and Shopping Center Districts. Case #87-0018.
8. Review and Consideration of Northpointe Phase I final plat, as
requested by C~ntex Rea] Estate Corporate. on. This addition is
located in an unp]atted area between Morning Star and the
Eastern most boundaries of the City of The Colony, Texas. South
of,and contiguous to,the r-o-w of North Colony blvd.
9. Review and Consideration of a request by Mr Art Anderson,
representative of Mr L~ndberg, to have a six (6) month extention
for the submitta!] of developers plans as related to a 205 acre
tract, zoned Planned Deve]opemnt dJstrcit, located n Stewart
Creek Peninsula west of Ether~dge Dr.
10. Pending Items.
a. Fees and Fee Structures, as related to Platting and Zoning
b. Lakeway Baptist Church
I do hereby certify that the above notice of meeting was placed on
the front door of C~ty Hall prior to 5:00p.m. on the 21st. day
of January, 1988.
Sebera, uepu-y'~'c]sy~Secretary
636
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY, TEXAS
HELD ON JANUARY 26, 1988
A REGULAR SESSION of the Planning & Zoning Commission of the
City of The Colony, Denton County, Texas was called to order
by Chairman Fiumara at 7:30 p.m. ~th the following Members
in attendance:
Bob Fiumara Chairman
Agnes Foster Member
Earl Br, antley Member
Cathy Bock Member
Robert Doss Member
Bill Sharp Vice-Chairman
with Member Solohubow absent due to business, however, a quorum
was established. Also in attendance was Bob van Til, Administrative
Staff Planner; Tommy Turner, Public Works Director; Judy Shirk,
Recording Secretary.
1. APPROVAL OF MINUTES OF THE JANUARY 12, 1988 MEETING.
Member Brantley made a motion to table tlfese~ minutes until the
next scheduled Planning & Zoning Session, The motion was
seconded by Member Foster and carried with all Members
voting aye.
2. CITIZEN INPUT.
None at this time.
3. PUBLIC HEARING AS REQUESTED BY MR. HAMPTON TO HAVE
THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF
THE CITY OF THE COLONY, TEXAS AMENDED SO AS TO GI~E
A LOCATION, IN THE COLONY POINT JOINT VENTURE SHOPPING
CENTER (5110 PAIGE ROAD) A SPECIFIC USE PERMIT FOR THE
SALE OF BEER, WINE AND LIQUOR FOR OFF-PREMISE CONSUMPTION
IN A GENERAL RETAIL CLASSIFICATION.
Member Bock made a motion to open the PUBLIC HEARING as
requested by Mr. Hampton to have the Comprehensive Zoning
Ordinance and Zoning Map of the City of The Colony, Texas
amended so as to give a location in the Colony Point Joint Shopping
Center (5110 Paige Road) a Specific Use Permit for the sale of
beer, wine and liquor for off-premise consumption in a General
Retail Class~iaCica~tion. The motion was seconded by Member Doss
and the motion carried with with all Members voting aye.
Bob van Til, stated that the staff is in favor of recommendation
for approval of this zoning change. A Suite number must be
assigned to this location before the Ordinance can be written.
At this time Vice-Chairman Sharp excused himself from A"gq~nda
Items numbers 3,4,5 and six el~ae to a conflict of interest.
Chairman Fiumara asked if there were any questions from the
audience. There were none.
There being no discussion involving this Item Member Doss made
a motion to close the PUBLIC HEARING. Member Foster seconded
the motion and the motion carried with all Members Member Sharp
abstaining) voting aye.
Mr. van Til .~ntroduced Mr. Hampton to the Commission Members.
Mr. Hampton asked the Commission that they approve his request
for the Zoning Change.
Member Bock asked if there were enough parking spaces for
this liquor store?
Mr. Hampton informed Member Bock that there were enough parking
spaces for the location and the entire shopping center.
The Commission raised their concern that there was not a name
or a Suite number assigned to this location.
637
Mr. Hampton stated that the name will be "Colony Point Liquors"
and that the Suite number is 115. He also stated that the
Specific Use Permit will be for this location and none other in
the Center.
At this time Member Bock made a motion to recommend approval
of the Specific Use Permit as requested by Mr. Hampton to
amend the Comprehensive Zoning Ordinance and Zoniqg Map of
the Cify &f~ Th&:Co!onyzf~r the;sale of beer, wine and liquor
at .a i:location to be known as "Colony Point Liquors" suite #
115 for off-premise consumption. The motion was seconded by
Member Foster. The motion carried with the following roll call
vote:
Ayes All present
Noes None (Member Sharp abstaining)
4. REVIEW AND CONSIDERATION OF THE SITE PLAN FOR THE
SPECIFIC USE PERMIT AS REQUESTED BY MR. HAMPTON FOR
A LOCATION IN THE COLONY POINT JOINT VENTURE SHOPPING
CENTER (5110 PAIGE ROAD) FOR THE SALE OF BEER, WINE AND
LIQUOR FOR OFF-PREMISE CONSUMPTION.
There being no discussion regarding this item Member Bock made
a motion to recommend approval of the Site Plan for the Specific
Use Permit as requested by Mr. Hampton for a location in the
Colony Point Joint Venture Shopping Center (5110 Paige Road)
for the sale of beer, wine and liquor for off-premise consumption.
The motion was seconded by Member Foster. The motion carried
with the following roll call vote:
Ayes All present
Noes None
5. PUBLIC HEARING AS REQUESTED BY MR. CHAPMAN, TO HAVE
THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP
OF THE CITY OF THE COLONY, TEXAS AMENDED SO AS TO
GIVE A LOCATION IN THE PETERS COLONY SHOPPING CENTER
(5204 SOUTH COLONY BLVD.) A SPECIFIC USE PERMIT FOR
THE SALE OF BEER, WINE AND LIQUOR BY THE DRINK, FOR
ON-PREMISE CONSUMPTION.
Member Bock made a motion to open the PUBLIC HEARING as
requested by Mr. Chapman, to have the Comprehensive Zoning
Ordinance and Zoning Map of the City of The Colony, Texas
amended so as to give a location in the Peters Colony Shopping
Center, 5204 South Colony Blvd., a Specific Use Permit for the
sale of beer, wine and liquor by the drink, for on-premise
consumption. The motion was seconded by Member Foster and
carried with all Members voting aye. (Member Sharp abstaining)
Bob van Til informed the Commission that this was a "Grandfathered
location.
Chairman Fiumara asked if there was any correspondance regarding
this zoning request. Mr. van Til stated that there was none.
Chairman Fiumara asked if there was any questions from the audience
at this time. There was none.
Chairman Fiumara asked Mr. Chapman what the name of this
location will be?
Mr. Chapman stated that it will be called "The Pub".
Chairman Fiumara asked if the Pizza Place that was once conne~zted
to this location would still be connected?
Mr. Chapman stated that this Pizza Place will be sealed off from
his establishment.
Member Doss asked what was located on the west side of Mr.
Chapmans location?
Member Bock informed Member Doss that it was "Colony Car Care".
Chairman Fiumara ~ked if there was any further discussion
(3)
regarding this item. There was none. Chairman Fiumara
thanked Mr. Chapman and wished him luck.
Member Bock made a motion to close the PUBLIC HEARING.
The motion was seconded by Member Foster and the motion
carried with all Members voting aye. (Member Sharp abstaining)
At this time Member Foster made a motion to recommend approval
for a Specific Use Permit as requsted by Mr. Chapman for the
sale of beer,wine and liquor by the drink for on-premise
consumption at a location in the Peters Colony Shopping Center,
5204 South Colony Blvd. known as "The Pub'. The motion
was seconded by Member Bock and carried with the following
roll cml vote:
Ayes All present--
Noes None (Member Sharp abstaining)
6. REVIEW AND CONSIDERATION OF THE SITE PLAN FOR THE
SPECIFIC USE PERMIT AS REQUESTED BY MR. CHAPMAN FOR A
LOCATION IN THE PETERS COLONY SHOPPING CENTER (5204
SOUTH COLONY BLVD.) SUITE 400 FOR THE SALE OF BEER, WINE
AND LIQUOR BY THE DRINK FOR ON-PREMISE CONSUMPTION.
Chairman Fiumara asked if there was any discussion regarding this
item. There was none.
Member Bock made a motion to recommend for approval the site
plan for Specific Use Permit for a location in the Peters Colony
Shopping Center, 5204 South Colony Blvd., Suite 400, for the
sale of beer, wine and liquor by the drink for on-premise consump-
tion. The motion was seconded by Member Foster and the motion
carried with the following roll call vote:
Ayes All present
Noes None
With items 3,4,5, and 6 resolved Member Sharp rejoined the Commission.
7. REVIEW AND CONSIDERATION OF A ZONING CHANGE REQUEST
FOR A PARCEL OF PROPERTY OWNED BY THE NICHOLS TRUST,
LOCATED ON THE WYNNWOOD PENINSULA APPROXIMATELY
ONE (1) MILE WEST OF F.M. 423 AND CONTIGUOUS TO THE SOUTH
R.O.W. OF BOYD ROAD FROM AGRICULTURAL TO SINGLE FAMILY
4 AND SHOPPING CENTER DISTRICTS.
At this time Bob van Til went over the concerns that the
Planning & Zoning Commissioners had raised at the January 12, 1988
meeting.
The concerns raised were regarding the specifics of the off-site
improvements described in the "deed restrictions" and about FM 423
particularly where it intersects with Boyd Road.
All of the items of concern regarding the deed restrictions have
been addressed and revised in the document.
Mr. Boyle, City Attorney, has advised that the deed restrictions
be accompanied with a requirement to submit a developer's contract
at the time of platting the first phase. This requirement has taken
the form of an additional paragraph contained in the off-site
improvements section of the deed restrictions.
Mr. Boyle recommends that the deed restrictions be attached to the
amending zoning ordinance.
The developers contract will be a condition of approval at the time
the applicant requests this approval for platting.
The developers contract, in form and substance, will not be unlike
the original deed restrictions.
Concerns regarding FM 423. Currently FM 423 has a ninety (90')
R.O.W.. This R.O.W. is more than adequate for the construction
of a north bound left turn lane and eventual expansion of the
paving of this road. The visability of oncoming traffic, both
turning on to Boyd Road and the south bound commuters, exceeds
seven-hundred (700') which is more than adequate for the safe
passage of traffic at this intersection. Mr. Hal Jones also concurs
with this information.
The signalization at the intersection of Boyd Road and FM 423
will need to be resolved: between the developer and the State, may
also need to be resolved with the County. When the State feels
that this intersection warrants signalization of any kind the State
will install it. Our current traffic analysis indicates that a stop
light is not warranted at this time, or until the year 2000. Item
D of the off-site improvements was omitted because of this.
Staff recommends approval of this zoning case at this time.
Any concerns still held by the Commission Members can be
cleared away before this zoning request is presented to Council.
Discussion followed regarding these matters.
After discussion period Member Bock made a motion to recommend
approval of a zoning change request for a parcel of property
owned by the Nichols Trust located on the Wynnwood Peninsula
approximatley one (1) mile west of FM 423 and contiguous to the
south R.O.W. of Boyd Road from Agricultural to Single Family 4
and Shopping Center Districts wilth the following contingencies:
1) That Mr. Anderson's January 26, 1988 letter and final draft
of the deed restrictions be included with the recommendation
to the City Council.
2) That Section 2b of the final draft of the deed restrictions
be amended to read (b) At the time of platting, the owner
of the Property must dedicate sufficient R.O.W. on the
Property to ensure that at least forty (40) feet of street
R.O.W. and additional utility easements as required by the
City is available south of the existing centerline of Boyd
Road.
The motion was seconded by Member Brantley and the motion
died due tO the following, vote:
Ayes Members Doss, Bock and
Brantley
Noes Members Foster, Sharp and
Chairman Fiumara.
Chairman Fiumara informed Mr. Anderson that this being a tie vote
it will still go before the City Council for their final decision.
9. REVIEW AND CONSIDERATION OF A REQUEST BY MR. ART
ANDERSON, REPRESENTATIVE OF MR. LINDBERG, TO HAVE A
SIX (6) MONTH EXTENTION FOR THE SUBMITTAL OF
DEVELOPERS ~ PLANS AS RELATED TO A 205 ACRE TRACT,
ZONED PLANNED DEVELOPMENT DISTRICT, LOCATED IN STEWART
CREEK PENINSULA WEST OF ETHERIDGE DRIVE.
Mr. Art Anderson addressed the Commission asking for approval
of this six (6) months extention.
Chairman Fiumara asked if there was any discussion regarding this
Item. There was none.
Member Sharp made a motion to approve the stx (6) months
extension for the 205 acre tract located in Stewart Creek Peninsula
Member Bock seconded the motion and the motion carrted with all
Members voting aye.
At this tlr,~e Chairman Ftt;mara called for a five (5) minute recess. 8:55p.m.
Commission reconvened at 9:00 p.m.
8. REVIEW AND CONSIDERATION OF NORTHPOINTE PHASE I
FINAL PLAT, AS REQUESTED BY CENTEX REAL ESTATE CORPO-
RATION. THIS ADDITION IS LOCATED IN AN UNPLATTED AREA
BETWEEN MORNING STAR AND THE EASTERN MOST BOUNDARIES
OF THE CITY OF THE COLONY, TEXAS. SOUTH OF AND
CONTIGUOUS TO, TEH R.O.W. OF NORTH COLONY BLVD.
Mr. van Til addressed the Commission Members at this time
regardIng this item. Application for approval of Northpointe
(5)
Phase I Final plat was made to the City on October 21, 1987,
The concern surrounding this case, revolves around the fact
that the preliminary plat, approved by City Council on 12-15-86
was designed in accordance withthe general design standards that
were applicable in late 1986. The Colony's present criteria that
were adopted by the City, November 1986, are a great deal
different than the previous guidelines, particularly in the area
of drainage. During the review process on the Final p]at
many items were revised to more closely adhere to the present
design standards. During this review session many concessions
were made by both the City and the applicant in regards to
keeping undue redesign and construction costs down. The
major area of contention was in that of drainage. Presently
the City's standards require a subdivision to design and
construct the storm sewer and inlets on a 10 year rain fall
intensity curve and still provide for the 100 year over flow.
The preliminary plat was set up with the old standards of 5
year rain fall intensity with a 100 year over flow. In this area
the City did require the applicant to redesign the plat in order
to meet the present guidelines for the welfare and safety of this
additions future residents. At this time the drainage design for
Northpointe Phase I has met with the City engineer's approval.
In the area of paving and zoning, several revisions were requested
by the City's traffic engineer. These revisions were taken
care of by the applicant. The only item that has not been changed
in paving is that the alleys are designed with 15' R.O.W. and
the City's present standards indicate that alleys require a 17'
R.O.W. The City engineer did not see a problem with leaving
the alley R.O.W. at 15' and the engineer has approved the final
plat and plans as presented.
Two items need to be discussed at this time. They relate to
a trench system and the headwall on the box culvert.
The staff is in favor of approval of Northpointe Final plat.
At this time Mr. van Til introduced Mr. Joe Luciano of Centex Real
Estate to the Commission Members.
Mr. Luciano addressed the Commission and went over the Final
plat with them.
Mr. Luciano stated that, regarding the trench safety system,
that at the time a contractor bids for the job they will have to
include a trench safety system in their bid. This is required by
the State and the only way that a contractor will be hired is if
a trench safety system is included.
Mr. Luciano stated that the headwall has been completed and does
comply with the. C~ty's standards.
Mr. Luciano presented a brochure to the Commission Members to
introduce them to a new type of screening wall. This wall is
called "BRICKCRETE". Mr. Luciano asked that the Commission
look this over and consider it for the North Colony Blvd.
screening wall or for future use in tee City.
Chairman Fiumara, after looking at the brochure, stated that
he would prefer that they use the brick wall that had been
approved before. The rest of the Commission Members concurred
with Chairrrap. Fiumara. Mr. Luciano has no problem wi~h the
brick wall that has been planned.
Lengthy d~scuss~ot~ rel~ardtpg dra,nage chapnel.
After discussion there were two items that the Gommission felt
needed to be raised. That the culdesac at Baker be left with a
fifty 50) foot radius and not changed to a fifty-five (55) foot
radius as recommended by Hal Jones, cits' tzaffic engineer. That
by leaving the radius at fifty (50) foot it will leave a larger
maintenance area fcr trucks and allow for berming alot*-~ the
drainage bank instead of an unsightly guard rail.
6/I1
At this t~me Member Boc'- tbat~ked Mr. B~ll Allen, of Fox &
3acobs for changing the street name.
With dlscussmn regarding the drainage channel over. Member
Brantley made a motion to recommend approval of the Final
plat for Northpointe Phase I as requested by Centex Real
Estate Corporation. This a4dit~on is located ~n an unplatted
area bctwee~ Morning Star and the Eastern most boundaries of
the City of The Colony, TExas. South of , and contiguous
to the R.O.W. of Nort'h Colony Blvd. and that~the foltowmg
items be recommended:
1. The plat of Janaury 6, 1988 shows the culdesac 2
adjacent to Baker has a fifty-five (55) foot
radius. This radius was recommended by Mr. Hal
Jones, City traffic engineer. That Mr. Jones make
a typical cross section of the drainage channel and
consider changin~ the radius at this culdesac to
fifty (50) feet.
2. That bbrming be used along the drainage channel
at the Baker culdesac instead of a barricade.
Reason being that a barmcade is an eye sore for
residents living in this area.
3.That a sign be placed at Baker and Parker reading
"DEAD END"
4. Screening wall adjacent to North Colony Blvd. be
constructed of brick or an approved material of
equal quality.
Member Bock seconded the motion and the motion carried with
the following roll call vote:
Ayes All present
Noes None
10. PENDING ITEMS
a. FEES AND FEE STRUCTURES, AS RELATED TO PLATTING
AND ZONING.
At this time Mr. van Til asked the Commission for more time
regarding this item. Mr. van Til has contacted adjacent
City~s, Lewisville, Carrollton, Piano,etc. but has not heard
back as of yet and will need to compile the information once
it is received.
b. LAKEWAY BAPTIST CHURCH.
Mr. van Til informed the Commission that the Architect for
the Lakway Baptist Church has been contacted and the plans
should be received soon.
Being no further bus~ness Member Bock made a motion to adjourn the
meeting. The motion was seconded by Member Foster and carried
will all Members voting aye.
Adjourned 10:05 p.m.
Robert Fiumara, Chairman Judy Shirk, Recording Secretary
642
CITY OF THE COLONY
DENTON COUNTY, TEXAS
FEBRUARY 23, 19~.
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planmng &
ZonIng Commission of the CIty of Thc Colony, Texas to be held on
the 23rd day of February, 1988, at 7:30 p.m., at City Hall, 5151
North Colony Blvd. at which time thc following Items will be
discussed:
1. Approval of minutes of the December 8, 1987, Janaury 12, 1988
(these minutes were tabled at the Janaury 26 meeting), January
25, 1988 Joint Session with the C~ty Council and Janaury 26,
1988.
2. Citizen Input.
3. General Discussion.
a. Letter regarding specific use permits.
b. Preliminary plats.
c. Receive developments check lists from Commission Members.
d. New "Lict.'or district':
e. New zoning district: Ball park vending carts.
4. Review and discussion of proposed zoning change and platting
fees.
I do hereby certify that the above not~ce of meeting was placed on
the front door of Gity Hall prior to 5:00 p.m. on the 18th day of
February 1988.
Patti Hicks, City Secretary
643
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON FEBRUARY 23, 1988
A REGULAR SESSION of the Planning, & Zoning Commission of the City
of The Colony, Denton County, Texas was call to Order at 7:30 p.m
at City Hall by Chairman Fiumara with the following Members in
attendance:
BOB FIUMARA CHAIRMAN
CATHY BOCK MEMBER
EARL BRANTLEY MEMBER
BILL SHARP VICE-CHAIRMAN
AGNES FOSTER MEMBER
ROBERT DOSS MEMBER
With all Members present a quroum was established. Also in attendance
were Mr. Bob van Til, Administrative Staff Planner; Judy Shirk,
Recording Secretary.
Chairman F~umara moved to hear Agneda Item # 3 section e at this time.
3. e. NEW ZONING DISTRICT: BALL PARK VENDING CART.
Mr. van Til went over this item with the Commission stating that
a Public Hearing date will have to be set. Because of the nature
of the zomng the Public Notice will appear in the newspaper for
the entire city. Mr. van Til introduced Mr. Phelps who is the
person wanting to use the vending cart at the ball parks and diff-
erent places around the city. This type of vending will need a
Specific Use Permit that will allow the vending to be done in certain
areas of the city, such as parks, ball fields, etc. Mr. van Til
asked the Commission Members if they had any questions and that
he and Mr. Phelps will be glad to answer them.
Chairman Fiumara had two specific questions.
1. What are the health requirements for this type of vending
sence Mr. Phelps will be selling heated food products?
Mr. Phelps stated that he already had a vending permit and a health
permit for his ice cream truck.
Chairman Fiumara stated that this was fine for his ice cream truck
but that he needed to check and see what the health requirements
were for the vending cart sence he will be selling hot food. These
requirements are different from those for selling ice cream.
2. Will the selling of hot dogs and nachos be in conflict with the
various Sports Associations that also sell food items at their
games?
Mr. Phelps told the Commission that he had been aproached by
the Men's Softball Association to sell at their games.
Member Bock asked Mr. van Til to check and see if there is an
agreement between the city and the Sports Association that the
Sports Associations have exclusive rights to sell col4.es and food
products during their games?
Member Bock also asked if you can Specific Use Permit a movable
object such as a vending cart that will be moving around the city
to different areas to sell?
Mr van Til informed the Commission that "yes" you can Specific
Use Permit a vending cart, bur that he will look farther in to
this and report back.
Discussion followed.
At this time Chairman Fiumara asked that the following items be
checked on and brought back to the Commission at the time of
the Public Hearing:
1. Health requirements for the vending cart.
2. Will there be a conflict with the variuos Sports Associations
if allowed to sell during their games.
3. Who pays for the utilities at the parks.
4. The impact of the vending cart on the current concession
stands maned by the Sports Associations.
1. APPROVAL OF MINUTES OF THE DECEMBER 8, 1987, JANUARY
12, 1988, JANUARY 25, 1988 JOINT SESSION WITH THE CITY
COUNCIL AND-JANUARY 26, 1988.
Member Bock ~macle a motion to approve the minutes of December
8, 1987 with the following corrections: Page 4 paragraph 6, that
The Colony Fire Department will respond to the Redwood Develope-
ment on Wynnwood Peninsula. (Clarification of area to respond to.)
Ms. Van Antwep 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.
The motion with these corrections was seconded by Member
Doss, with Member Brantley abstaining due to being ~absenl[ from
the December 8, 1987 meeting the motion carried with the remaining
Members voting aye.
Motion to approve the minutes of the January 12, 1988 meeting with
the following corrections was made by Member Brantley: Paragraph
15 item C that the question asked by Member Brantley at this time
be noted in the minutes. Member Brantley asked if the site distance
for the right hand turning lane was sufficient at this intersection when
coming off of Boyd Road?
Paragraph 8 page 4 that F.M. 423 be added to the end of the
sentence, (regarding ample R.O.W. for furture expansion on F.M.
423.) Motion seconded by Member Sharp, with Member Bock abstaining
due to being abse~ from Januarv 12, 1988 meeting, the motion carried
with remaining Members voting aye.
-Motion to approve the minutes of the January 25, 1988 Joint Session
-with the City Council was made by Member Bock and seconded by
Member Brantley. The motion carried with all voting aye.
Motion to approve the minutes of the Janaury 26, 1988 meeting was
made by Member Brantldy and seconded by Member Sharp. The
Motion carried with all Members voting aye.
2. CITIZEN INPUT.
None at this time.
3.GENERAL BUSINESS.
b. Preliminary Plat.
Mr. van Til asked the Commission Members what they felt would
be a good time limit from the time the preliminary plat is approved
by the Commission and the time that the developer begins the
project?
The Commission Members felt that six (6) months was not an adequate
time frame. The Commission would like to see a one (1) year time
frame and review at that time.
Members Bock, Foster and Brantley raised concerns on the construction
time limit. That a conctruction Company could not feasibly begin
construction within four (4) months of the passing of the final plat.
The developer could run into inclement weather, financing hold ups,
hiring problems; ~etc.
All Commission Members concurred with this.
At this time Member Bock stated that she would check on this t~me
limit and and get back with the Commission with her findings.
c. Check list.
Member Bock compiled a rough draft check list for Staff use. Member
Bock asked that each Commission Member and Mr. Bob van Til
look over the list and if any changes need to be done that she will
finalize at a later date.
Mr. van Til suggested that the list be used as is for several cases
this will help determine if any changes need to be done.
The Commission concurred with this suggestions.
4. REVIEW AND DISCUSSION OF PROPOSED ZONING CHANGE AND
PLATTING FEES.
A lengthly discussion followed this agenda item. During this
discussion the following points were raised and asked to be looked
into:
1. Cost to City
2. Cost to Developer
3. Proposed cost
4. Check with Plano, Carrollton and Lewisville for their costs.
5. Break down each individual case and compare to the other
cities.
6. Check Specific Use Permit cost with other cities.
3. d New "Liquor District"
Member Sharp excused himself from this discussion due to a conflict
of interest.
Chairman Fiumara informed the Commission that he had checked
into Addisons Liquor laws and that Addison has one road that
liquor sales are allowed on and that is Inwood Road. All liquor
stores are located on this road. Resturants in Addison have to
have sixty (60) percent food sales and forty (40) percent liquor.
Chairman Fiumara informed the Commission that the State Law
requires that all liquor sales must be three-hundred (300) feet
from a school or church.
At this time Chiarman Fiumara suggested that The Colony set
F.M. 423 and Paige Road as the city's liquor district.
Limit one (1) liquor store per shopping center or if there is not a
shopping center that one (1) liqour store per one-thousand (1000)
feet. That Resturants not restricted to any certain area but that
the food sales must be sixty (60) percent food and forty (40) per-
cent liquor.
Member Bock raised concern that having a liquor district may be
construed as discrimination and would like Mr. Van Tit to look
into this.
Lengthly discussion followed at which time the follo~'ing points
were raised and asked to be looked into.
1. Original intent of Specific Use Ordinance.
2. A way to control alcoholic beverage sales.
a. Districts
b. Population.
c. Percentage of sales (food/other vs. alcohol).
At this time Chairman Fiumara suggested to the Commission that the
regular scheduled meeting for the 8th of Mar,.ch be postponed untill the
15th of March due to March 8th being Super Tuesday.
All Members concurred.
Mr. Sharp rejoined the Commission as Member Sharp.
At this time Member Bock made a motion to close the meeting. The motion
was seconded by Member Brantley and passed with all Members voting aye.
Meeting adjourned at 10:00 ,,m.
Robert Fiumara, Chairman Judy Shirk, Recording Secretary
CITY OF THE COLONY
DENTON COUNTY, TEXAS
MARCH 9, 1988
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 15th day
of March 1988, at 7:30 p.m. at City Hall, 5151 N. Colony Blvd., at which
time the following items will be discussed:
1. Approval of the minutes of the February 23rd, 1988 meeting.
2. Citizen Input.
3. Review and Recommendation regarding the proposed alcoholic beverage
sales regulations.
4. General WORK SESSION to establish new criteria for Single Family
districts.
5. General WORK SESSION regarding procedures and required submittals
for zoning requests.
6. Review and Recommendation for updating the Master Plan of the City
of The Colony.
7. General Discussion:
a. Upcoming development.
b. Procedure check-list.
c. City Council Report.
8. Pending Items.
a. Vending cart uses.
b. Platting deadlines.
c. Zoning & platting fees.
I do hereby certify that the above notice of meeting was placed on the
front door of City Hall prior to 5:00p.m. on the 10th day of March, 1988.
Patti Hicks, City Secretary
6 4
MINUTES OF THE PLANNING COMMISSION
OF THE CITY OF THE COLONY
HELD ON MARCH 15, 1988
A REGULAR SESSION of the Planning & Zoning Commission of the City of
The Colony, Denton County, Texas was called to Order by Chairman
Fiumara at 7:30 p.m. at City Hall with the following Members in attendance:
BOB FIUMARA CHAIRMAN
CATHY BOCK MEMBER
AGNES FOSTER MEMBER
EARL BRANTLEY MEMBER
BILL SHARP VICE-CHAIRMAN
ROBERT DOSS MEMBER
With all Members present a quorum was established. Also in attendance
was Mr. Bob van Til, Administrative Staff Planner; Mr. Tommy Turner,
Public Works Director; Judy Shirk, Recording Secretary.
1. APPROVAL OF MINUTES OF THE FEBRUARY 23rd. MEETING.
Member Bock made a motion to approve the minutes of the February
23rd meeting. Member Foster seconded the motion. At this time
Member Brantley asked that some corrections that had been asked to be
made in the minutes of the January 12, 1988 meeting be clarified. These
clarifications are as follows:
1. That page 2, paragraph 6 of the Janaury 12, 1988 meeting be
clarified to read: That the site distance of seven-hundred (700)
feet read: Seven-hundred (700) feet of site distance off of F.M.
423 coming on to Boyd Road. (Re: Member Brantleys question)
2. That the statement entered in the January 12, 1988 minutes by Mr.
Bill Hall, City Manager be clarified as to 'Wheather Mr. Hall did in
deed state that the eighty (80) foot easement on Boyd Road did
include the utilities. Clarification: Mr. Hall did not state that the
easement included the utilities, in fact the easement does not include
the utilities. Page 3, last sentence, January 12, 1988.
3. Member Bock asked that "with a possiblity of an extension being
granted at this time" be added to the last sentence on page 2,
paragraph 10, February 23, 1988 minutes, regarding the Preliminary
Plat discussion.
At this time the motion carried with the corrections and with all Members
voting aye.
At this time Chairman Fiumara moved to Item #7.
7. GENERAL DISCUSSION
a. Upcoming development and c. City Council report.
Mr. Tommy Turner took the floor at this time. A discussion regarding
the dedication, by Nichols Property, for an above ground Water Sewage
Package Plant. The Nichols Trust will dedicate land for this treatment
plant. The plant will be built away from all homes on the Wynnwood
Peninsula and can'be disguised to hide the use of this plant. Redwood
Developemnt will pay for this project.
Mr. Turner did inform the Commission Members that Mr. Terry Millican
City Engineer, was not in favor of the package plant. Member Bock
asked Mr. Turner "why Mr. Millican was not in favor of a Water
Sewage Package Plant?" Mr. Turner's only reason was that Mr. Millican
does not like this type of plant.
The Commission was informed by Mr. Turner that Mr. Strief and the
Nichols Trust have worked out the problem of the road onto Mr. Strief's
property.
Member Bock stated that Mr. Strief does feel comfortable with the
fact that he (Mr. Strief) and Nichols will work the road problem out
together.
Mr. Turner informed the Commission that Mr. Anderson, Attorney for
the Nichols Trust, talked favorably on the 1650 square foot homes.
Chairman Fiumara asked Mr. Turner who would run the packaged sewage
plant? Mr. Turner said that the city would run the plant, and that
it will take only one man to check on the plant each day. Mr. Turner
also informed the Commission that the city's pro rata cost to run a sewer
line across the lake would be approximatley $106,000.00 dollars.
Member Sharp aksed that a letter from Mr. Terry Millican stating
why he is not in favor of the Water Sewage Package Plant be
obtained and brought to the Commission.
Mr. Turner told the Commission that Mr. Nichols, owner of the
Nichols Trust property, has no problem with paying for the paving
of Boyd Road, no matter what the cost to him (Mr. Nichols).
Mr. Turner informed the Commission that Mr. Millican is looking over
the Industrial Waste Ordinance and when he (Mr. Millican) has
finished the Ordinance will be brought before the Commission for their
review and consideration.
Chariman Fiumara moved to b, Procedure check list, of Item #7.
Mr. van ril , had some changes in regards to the Planned Development
that he would like Member Bock to incorporate with her list. Member
Bock will finalize the list and bring it back to the Commission at a
later date.
Member Brantley is still working on his list pertaining to the engineers
criteria to follow.
At this time Chairman Fiumara moved to Item #2.
2. CITIZEN INPUT.
None at this time.
3. REVIEW AND RECOMMENDATIONS REGARDING THE PROPOSED ALCOHOLIC
BEVERAGES SALES AND REGULATIONS.
Mr. van Til took the floor at this time and went over his memo
regarding the options available to the Commission on the alcoholic
beverages regulations. Mr. van Til gave the floor back to the Commission
for their discussion and recommendation for the City Council.
Member Sharp excused himself due to a conflict of inte~st.
Lengthy discussion followed this item, at which time the following
restrictions were noted and put into a motion.
1. Restrict S.U.P.'s further.
2. So many feet from another liquor store.
3. Percentage food/other revenue and percentage liquor.
4. One liquor store per shopping center.
5. Certain distance from day care centers, Churches, schools (public
and private).
A one-thousand (1000) foot distance was discussed by the Commission
regarding restrictions number 5. Member Bock felt that 1000 feet was
too far and would create a problem for existing stores. Member Doss
and Member Foster concurred with Member Bock on this point. Members
Bock, Foster and Doss felt that four-hundred (400) feet seemed.m6re "
reasofiable.
After discussion Member Bock made a motion that the Alcoholic Beverage
Regulations be: Specific Use Permit be used with the following
restrictions attached:
1.Four-hundred (400) feet from a Church, Day Care Center, School
(public or private).
2.Sixty (60) percent food and/or other revenue, forty (40) percent
Alcoholic Beverages.
3.One-thousand (1000) feet between liquor stores.
4.One (1) liquor store per shopping center.
Member Foster seconded the motion.
Chairman Fiumara asked if there were any further discussion regarding
this matter before a vote was taken. Discussion followed.
After further discussion Member Bock amended her motion to read:
Retain current Specific Use Permit zoning procedure with the following
regulations:
1. One liquor store per Neighborhood Service, General Retail, Strip
Center and Shopping center or one (1) liquor store per one-thousand
(1000) feet of each other within free standing buildings or Malls.
2.Four-hundred (400) feet from Schools (private and public), Churches,
Day Care Centers to be measured from building to building.
3. Sixty (60) percent food and/or other revenue and forty (40) per-
cent alcoholic beverage sales in Resturants, Bars and Private Clubs.
Member Foster seconded the motion and the motion carried with the
following vote. Member Bock, yes; Member Doss, no; Member Foster,
yes; Member Brantley, yes; Chairman Fiumara, yes.
At this time Chairman Fiumara called for a five (5) minute recess. Time 9:05 p.m.
Meeting reconvened at 9:10 p.m.
Mr. Sharp rejoins the Commission as Member Sharp.
The Commission moved to Item #6.
6. REVIEW AND RECOMMENDATIONFOR UPDATING THE MASTER PLAN OF
THE CITY OF THE COLONY.
Mr. van Til, presented the Commission with a zoning map of the city of
The Colony to show the Commission Members several areas that have not
been zoned at present and showed the recommended zoning classification
for these areas. These zoning classifications are just for guidlines fo
help establish density areas in The Colony.
Member Bock asked what criteria was used to establish these zoning
classifications in these areas.
Mr. van Til, stated that proximity to other areas help determine this
zoning. For example: Corp land would be zoned Park District because
that is basically all it can be.
Member Bock felt that more input was needed to base the reason for
zoning these areas as they have been recommended. Member Foster
concurred with Member Bock on this point.
Member Bock stated that she would like to know what the City Council
is looking for in zoning these areas. Does the City Council want slow
growth or fast growth?
Member Sharp asked that th~s Fo back before City Council for input from
them as to what they want for the City.
Member Brantley asked that the "1984 Master Plan", that he and Member
Bock and several others worked on be found and brought back to
Planning & Zoning for their review.
Member Bock recommended a joint work session with the City Council on
the Master Plan to get City Councils input. All Commission Members
concurred with this recommendation.
4. GENERAL WORK SESSION TO ESTABLISH NEW CRITERIA FOR SINGLE
FAMILY DISTRICTS.
Member Bock asked that this item also be placed on a joint work session
with the City Council. All Members concurred.
Member Bock clarified that the Commission does not want to put restrictions
on the house sizes or put a percentage of house sizes with in areas, but
feels that they must in order to make sure that a mixture of house sizes
is used in an area, if this is not done tl-.en an area could be built of all
small square footage homes.
5. GENERAL WORK SESSION REGARDING PROCEDURES AND REQUIRED
SUBMITTALS FOR ZONING REQUESTS.
Mercber Bock stated that sk,_, wo~ld l~e to table th. is Ag~cda item until
tee next mcet~nf3~due to more ~nfo.-p~at~on needed as to what the developer
needs to submit. All Merr,~bers concm'red.
fi. PENDING ITEMS.
it. Vending Carts.
Mr. van Til l~formcd the Comm~sslop_ that the vcnd~g cart will nccd to
have a permit ~ssucd from the Inspections Department. The Inspections
Department will issue them a permit just thc same as they do for thc
Ice-cream trt, cks in thc City.
Mr. van Til also reformed thc Commission that the City does pay thc
utilites for the ball fie]ds. A representative of thc Park & Recreation
Board, attendIng this P & Z meeting, stated that the Little League
Baseball Association pays for the electricity that they use during their
games.
b. Platting Deadlines.
The Commission asked that this item be put on the next meettngs agenda.
c. Zoning & Platting Fees.
The Commission asked that this item also be placed on the next meetings
agenda.
A motion to close the meeting was made by Member Bock and seconded by
Member Sharp. The motion carried with all Members voting aye.
Meeting adjourned at 10:45 p.m.
Robert Fiuma~ra, Chairman
Judy Shirk, Recording Secretary
CITY OF THE COLONY
DENTON COUNTY, TEXAS
MARCH 23, 1988
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of thc Planning S, Zon,ng
Comm~ssion of the City of The Colony, Texas to be held on the 29th
day of March, 1988, at 7:30 p.m. at Ctty Hall, 5151 N. Colony Blvd. at
which time thc following items will bt, discussed:
1. Approval of the mtnutes of the March 15, 1088 meeting.
2. Citizen Input.
3. PUBLIC HEARING as requested by Angelina Velez, to have the
Comprehensive Zoning Orcinance and Zoning Map of the C~ty of
The Colony, Texas amended so as to give a location, described
as 4750 South Colony Blvd., State 120, a Specific Use Permit
for the sale of beer, w~ne and liquor by the drink for on-premise
consumptton.
4. Recommendation of the request by Angelina Velez to have the
Comprehensive Zomng Ordinance and Zoning Map of the City
of The Colony, Texas amended to give a location described as
4750 South Colony Blvd., Suite 120 a Specific Use Permit for
the sale of beer, wine and liquor by the drink for on-premise
consumption.
5. Review and Recommendation regarding the expiration of prelim-
inary plat approvals.
6. PENDING ITEMS
a. Procedures and requirements for zoning requests.
b. Zoning and Platting fees.
7. City Council meeting of March 21, 1988 update.
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 24th day of March,
1988.
Patti Hicks, City Secretary
652
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON MARCH 29, 1988
A REGULAR SESSION of the Planning & Zoning Commission of the City
of The Colony, Texas, Denton County was called to Order by Chairman
Fiumara at 7:30 p.m. at City Hall with the following Members in
attendance:
BOB FIUMARA CHAIRMAN
CATHY BOCK MEMBER
ROBERT DOSS MEMBER
BILL SHARP MEMBER
With Member Brantley absent due to business and Member Foster absent
due to business however, a quorum was established. Also in attendance
were Bob van Til, Administrative Staff Planner; Tommy Turner, Public
Works Director; Judy Shirk, Recording Secretary.
1. APPROVAL OF MINUTES OF THE MARCH 15, 1988 MEETING.
Member Bock made a motion to approve the minutes of the March 9th,
1988 meeting. Member Doss seconded the motion. Chairman Fiumara
asked if there were any discussion regarding the minutes. At this
time Member Bock had two (2) corrections.
1. Page 1 Paragraph 2 Item 7: Member Bock would like it reflected
in the minutes that Mr. Terry Millican, City Engineer, felt that
the Water Sewage Treatment Package Plant was not a good
engineering practice.
2. Page 1 Paragraph 4: That Mr. Strief and Mr. Nichols will work
the road problem out at the time of platting.
Member Doss asked that his statement regarding the percentage of
food/and or other revenue versus alcohol be reflected in the minutes.
Mr. Doss feels that sixty (60) per-cent food/and or other revenue
and forty (40) per-cent alcohol is to high a per-centage for food/
and or other revenue. Mr. Doss feels that the percentages should
be reversed that sixty (60) per-cent alcohol and forty (40) per-cent
food/and or other revenue fairer to the establishments.
With no further discussion the motion passed with the corrections with
all Members voting aye.
At this time Chairman Fiumara moved to Item #3.
3. PUBLIC HEARING AS REQUESTED BY ANGELINA VELEZ, TO HAVE
THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF
THE CITY OF THE COLONY, TEXAS AMENDED SO AS TO GIVE A
LOCATION DESCRIBED AS 4750 SOUTH COLONY BLVD. SUITE 120
A SPECIFIC USE PERMIT FOR THE SALE OF BEER, WINE AND
LIQUOR BY THE DRINK FOR ON-PREMISE CONSUMPTION.
Chairman Fiumara entertained a motion to open the PUBLIC HEARING
for the requested zoning change. Member Bock so moved and Member
Doss seconded the motion. The motion carried with Members
voting aye.
Mr. Bob van Til took the floor informing the Commisson that 4750
South Colony Blvd. , Suite 120, is where the Bell Pepper use to
reside and that Angelina's Resturant will be ocuppying this space.
*Angelina of Angelina's Restura~t was present in the audience.
Chairman Fiumara asked if there were any questions regarding this
Specific Use Permit request? As there were none Member Bock made
a motion to close the PUBLIC HEARING. Member Sharp seconded
the motion and it passed with all Members voting aye.
Chairman Fiumara moved to ~te~ #4.
4. RECOMMENDATION OF THE REQUEST BY ANGELINA VELEZ TO
HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP
OF THE CITY OF THE COLONY, TEXAS AMENDED SO AS TO GIVE
A LOCATION DESCRIBED AS 4750 SOUTH COLONY BLVD., SUITE
120 A SPECIFIC USE PERMIT FOR THE SALE OF BEER,WINE AND
LIQUOR BY THE DRINK FOR ON-PREMISE CONSUMi~TION.
(2)
There being no discussion regarding this item Member Bock made a
motion to recommend approval of the request by Angelina Velez to
have the Comprehensive Zoning Ordinance and Zoning Map of the
City of The Colony, Texas amended so as to give a location described
as 4750 South Colony Blvd., Suite 120, a Specific Use Permit for the
sale of beer,wine and liquor by the drink for on-premise consumption.
The motion was secended by Member Doss and the motion passed with
the following roll call vote:
Ayes All present
Noes None
The Commission Members thanked Ms. Velez for coming and wished her
luck.
At this time Chairman Fiumara read two (2) letters of resignation.
Member Bill Sharp will be resigning from his position on the Planning &
Zoning Commission effective April 1, 1988.
Chairman Fiumara read his letter stating that he has resigned his position
on the Planning & Zoning Commisson effective immediately.
The letters were received by Mr. Bob van Til to be given to the Mayor
as soon as possible.
Due to the resignation of Chairman Fiumara Being effective immediately
upon reading of his letter, the Commission no longer having a quorum to
proceed with the meeting, Chairman Fiumara moved that the further Agenda
Items be placed on the next scheduled meeting. The Commission concurred
with Chairman Fiumara.
Chairman Fiumara thanked everyone present for the oportunity to have
worked with each of them.
Member Bock made a motion to adjourn the meeting. The motion was
seconded by Member Doss and carried with all Members voting aye.
Meeting adjourned at 8:45 p.m.
Re*' ~ F ....... , Chairman Judy Shirk, Recording Secretary
* The last name of Velez for Angelina Velez should be in this
sentence.
CITY OF THE COLONY
DENTON COUNTY, TEXAS
APRIL 7, 1988
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 April, 1988, at ?:30 p.m., at City Hall, 5151 North
Colony Blvd. at which time the following items will be discussed:
1. Approval of the minutes of the March 29, 1988 meeting.
2. Consideration of an appointment of an interim Chairman for the
Commission.
3. PUBLIC HEARING as requested by Centex Real Estate Corporation
to have the Comprehensive Zoning Ordinance and Zoning Map of
the City of The Colony, Texas amended so as to give a parcel of
property generally located at the Northest intersection of North
Colony Blvd. and Etheridge Drive presently zoned Neighborhood
Service to Single Family 4 Classification.
4. Recommendation of a rezoning request made by Centex Real Estate
Corporation to have a parcel of property generally located on the
Northeast intersection of North Colony Blvd. and Etheridge Drive
from Neighborhood Service to Single Family 4 Classification.
5. Review and recommendation of a replat of Lakeway Baptist Church
addition located on the Northeast corner of North Colony Blvd. and
Ehteridge Drive.
6. Review and recommendation of a site plan as submitted by Lakeway
Baptist Church of the Lakeway Baptist Church to be generally
located on the Northest corner of North Colony Blvd. and Etheridge
Drive.
7. Pending Items.
a. Zoning and Platting fees.
b. Preliminary plat expirations.
c. Procedures and rquirements for rezoning requests.
CERTIFICATION
I do hereby certify that the above notice of meeting was placed on the
door of City Hall prior to 5:00 p.m. on the 7th day of April, 1988.
Patti Hicks, City Secretary
655
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON APRIL 12, 1988
A REGULAR SESSION OF THE PLANNING & ZONING COMMISSION OF
THE CITY OF THE COLONY, DENTON COUNTY, TEXAS WAS UNABLE
TO BE CALLED TO ORDER DUE TO THE LACK OF A QUORUM.
656
CITY OF THE COLONY
DENTON COUNTY, TEXAS
APRIL 20, 1988
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the PlanninF, &
Zoning Commission of the City of The Colony, Texas to be held on
the 26th day of April, 1988, at 7:30 F.m., at City Hall, 5151 North
Colony Blvd. at which time the following items will be discussed:
1. Approval of the minutes of the March 29, 1988 meeting.
2. Consideration of an appointment of an interim Chairman for the
Commission.
3. PUBLIC HEARING as requested by Centex Real Estate Corporation
to have thc Comprehensive Zoning Ordinance and Zoning Map of
the City of The Colony, Texas amended so as to give a parcel
of property generally located at the Northeast intersection of North
Colony Blvd. and Etheridge Drive presently zoned Neighborhood
Service to a Single Family 4 Classification.
4. Recommendation of a rezoning request made by Cent~: Real Estate
Corporation to have a parcel of property generally located on
the Northeast intersection of North Colony Blvd. and Ehteridge
Drive from Neighborhood Service to a Single Family 4 Classification.
5. Review and recommendation of The Colony #28,Phase 2, Final Plat
as submitted by Centex Real Estate Corporation for a parcel of
property located on the Northeast intersection of North Colony
Blvd. and Ehteridge Drive.
6. Review and recommendation of a replat of Lakeway Baptist Church
addition located on the Northeast corner of North Colony Blvd. and
Ehteridge Drive.
7. Review and recommendation of a site plan as submitted by Lakeway
Baptist Church generally located on the Northeast corner of North
Colony Blvd. and Ehteridge Drive.
CERTIFICATION
I do hereby certify that the above notice of meeting was placed on the
front door of City HaH prior to 5:00 p.m. on the 21st day of April,
1988.
Patt~ H~cks, Ctty Secretary
657
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY, TEXAS
HELD ON APRIL 26, 1988
A REGULAR SESSION of the Planning & Zoning Commission of the City of The
Colony, Denton County, Texas was called to Order by City Manager Bill Hall
at 7:30 p.m. at City Hall with the following Members in attendance:
Earl Brantley Member
Agnes Foster Member
Bill Owens Member
Cheryl Blake Member
Cathy Bock Member
with Bob Doss absent due to business, however, a quorum was established, Also
in attendance were Bill Hall, City Manager; Bob van Til, Administrative Staff
Planner; Judy Shirk, Recording Secretary.
At this time City Manager, Bill Hall explained that an unusual situation had arisen
due to the resignations of Chairman Fiumara and Vice-Chairman Sharp. Mr Hall
told the representatives of Centex Real Estate Corporation and the representatives
of Lakeway Baptist Church that there would not be a vote for recommendation
on their Agenda Items due to the fact that the two (2) new Members are not familiar
with the cases and that they needed to review the cases before they could make a
decision. Mr. Hall introduced the new Members to the Planning & Zoning Commission
and also to the audience. Mr. Bill Owens and Ms. Cheryl Blake, both new members
have experience with city government.
*At this time ac Cathy Bock was nominated to conduct the meeting.
1. APPROVAL OF THE MINUTES OF THE MARCH 29, 1988 MEETING.
Member Bock asked that the minutes be tabled at this time due to there not
being enough Members present from the last meeting to vote on these minutes.
All Members concurred.
2. CONSIDERATION OF AN APPOINTMENT OF AN INTERIM CHAIRMAN FOR THE
COMMISSION.
Member Bock asked for nominations from the floor. Member Foster nominated
Member Bock and Member Brantley seconded the nomination, the nomination
carried with all Members voting aye.
3. PUBLIC HEARING AS REQUESTED BY CENTEX REAL ESTATE CORPORATION
TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF
THE CITY OF THE COLONY, TEXAS AMENDED SO AS TO GIVE A PARCEL
OF PROPERTY GENERALLY LOCATED AT THE NORTHEAST INTERSECTION OF
NORTH COLONY BLVD. AND ETHERIDGE DRIVE FROM NEIGHBORHOOD
SERVICE TO A SINGLE FAMILY 4 CLASSIFICATION.
Chairman Bock asked for a motion to open the Public Hearing. Member
Brantley so moved and Member Foster seconded. The motion carried with all
Members voting aye.
Bob van Til introduced Mr Steve Stoke of Centex Real Estate Corporation to the
Commission.
Mr. Stolte informed the Commission that the reason for their zoning change
request is based on the building of Lakeway Baptist Church. Centex feels
that a Single Family 4 Zoning would better suite this piece property now that
a Church will be in close proximity. A Neighborhood Service Classification
allows the sale of beer , wine and liquor and Centex feels that this zoning is
not in good taste at this time.
bc s~-:ncd at tko t~::~c of rccord~n[' w~th Denton Coun~tv.
.Member Foster asked thc lot sizes for thcsc seven lots.
Mi'. Stoltc stated that t.~,cy v:ould be 7fie0 sct.'.arc f6ct w~th a rnlnt~r~t.~m of 1500
square feet. Two (2) lots w~[l be 1O,P. OS or more.
6~ Two (2) letters a,za,nst the zon,n£' chan£'e v;ere received: Larry Ro~s, enbuck,
'~ ' . ' ~4 .
.... · ; 4116 N. Golony Blvd. and Jerry D Ranc;all, Holdcn Gircle
At th~s t~me Chairman Bock asked ~f there were any questions from tbc
audience. ?
Mr. Bob Grews
1 Indlanola
The Golony, Texas
Mr. Grews was concerned w~th s~ze of the houses. His (Mr. Grcws) house ~s
2200 square feet and wantcd to know why the houses to be bmlt across from Into
would only be 1300 scuare feet?
Mr. Stolte ~nformcd Mr. Crews that no house w~ll be 1300 square feet and that
probably the houses would be more than 1500 square feet.
W~th no further qucstmns Gha~rman Bock asked for a motion to close thc
Public Heamng. Member Brantlcy so moved ant! Member Foster seconded.
Thc, motion carmcd w~th all Members rotanE aye.
At th~s t~mc Gha~'mar~ Bock asked that the Agenda Itcras 4, 5, 6, and 7 be mcvea
to the third (3} of May ~f all Member~ were ~n agreement. All Members concurred
w~th Gha~r~an Bocks recommendation.
Mr. Stolte asked "~f due to the tabling of thc recommendations for approval, ~f thc
Public Hcamng would stdl be heard on thc 16th of May by G~ty Gounc~l~"
Mr. Hall stated that even if the recommendations had been made at this meeting
that the Public Hearing for G~ty Gouncll could not ~c yut on thc Agenda for thc
16 of May duc to thc notification ~n thc G~tys~ newsFapcrs because of thc 15 day
requirement for these not~ccs. Mr. Hall d~d ~nform Mr. Stoltc that the Public
Hcamng w~ll be on thc June 6, 1988 G~ty Gounc~l meeting.
At th~s time w~th all bus~ncss being f~n~shcd Gha~rman Bock asked for a motion to
close thc meeting.
Member Brantley made thc morton to acljourt~, the mcet~noe~. Member Foster seconded
thc motion and ~t carmed w~th all Members voting aye.
Meet lng Adjournt~ 8:05 p.m.
Chairman, y Bock
*The a in front of Cathy Bock has been stricken so that the sentence
will read Cathy Bock ncka Cathy Bock.
653
CITY OF THE COLONY
DENTON COUNTY, TEXAS
MAY 10, 1988
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 at 7:30 p.m. on the lOth day of May~ 1988~
at City Hall, 5151 North Colony Boulevard, The Colony, Texas, at which time the following
items will be discussed:
1. Citizen's Input
2. Consideration of a zoning request by Centex Real Estate Corporation to
have a tract of property generally located on the northeast corner of North
Colony Boulevard and Ethridge Drive changed from Neighborhood Services
to a Single Family # District.
3. Review and recommendation of The Colony tt28, Phase 2, Final Plat as
submitted by Centex Real Estate Corporation for a parcel of land located
on the northeast corner of North Colony Boulevard and Ethridge Drive.
#. Review and recommendation of a Final Plat of Lakeway Baptist Church
for the parcel of land located on the northeast corner of North Colony
and Ethridge Drive.
5. Review and recommendation of a Site Plan as submitted by Lakeway Baptist
Church for the parcel of land located on the northeast corner of North
Colony Boulevard and Ethridge Drive.
6. Update by Commissioner Foster of the City Council meeting held on May 5,
1988.
7. &zcept nominations for the 1988-89 Planning and Zoning Commission Chairman
and Vice-Chairman.
CERTIFICATE
I do hereby certify that a true and correct copy of the foregoing notice of
meeting was posted on the front door of City Hall on the 5¥4~ day of '~/'/a.z~ ,
1988, at #:00 p.m.
'P~t~i Hicks, City Secretary
6(;0
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON MAY 10, 1988
A REGULAR SESSION of the Planning & Zoning Commission of the City of The
Colony, Texas Denton County was called to Order by Chairman Bock at 7:30 p.m.
at City Hall with the following Members in attendance:
CATHY BOCK CHAIRMAN (acting)
EARL BRANTLEY MEMBER
ROBERT DOSS MEMBER
AGNES FOSTER MEMBER
CHERYL BLAKE MEMBER
BILL OWENS MEMBER
Also in attendance were Bob van Td, Administrative Staff Planner; Judy Shirk
Recording Secretary.
1. CITIZEN INPUT.
Mr Steve Stolte of Centex Real Estate Corporation asked Mr van Til if he
would look into the clean up of the garbage left by the City clean up day
.
on their(Cente~ Real Estate) property. Mr van Til stated that he would
check into this and see that it was taken care of.
2. CONSIDERATION OF A ZONING REQUEST BY CENTE;~ REAL ESTATE
CORPORATION TO HAVE A TRACT OF PROPERTY GENERALLY LOCATED ON
THE NORTHEAST CORNER OF NORTH COLONY BOULEVARD AND ETHERIDGE
DRIVE CHANGED FROM NEIGHBORHOOD SERVICE TO SINGEL FAMILY 4
DISTRICT.
At th.~s time Chiarman Bock asked if the Planning & Zoning Commission had
any questions regarding this zoning change. There were no quesions.
Chairman Bock asked for a motion on this item.
Member Foster made a mtoion to recommend approval of the zoning change
requested by Centex Real Estate Corporation to have a tract of property
generally located on the Northeast corner of North Colony Boulevard and
Etheridge Drive changed from Neighborhood Service to a Single Family 4
Classification. The motion was seconded by Member Brantley and carried with
the following role call vote:
Ayes All present
Noes None
3. REVIEW AND RECOMMENDATION OF THE COLONY #28 PHASE 2, FINAL PLAT
AS SUBMITTED BY CENTEX REAL ESTATE CORPORATION FOR A PARCEL OF
LAND LOCATED ON THE NORTHEAST CORNER OF NORTH COLONY BOULVARD
AND ETHERIDGE DRIVE.
Chairman Bock asked if there were any questions pertaining to this item.
Member Foster asked Mr Stolte what the lot sizes would be? Mr Stolte
stated that they would be seven-thousand (7,000) square feet with a minimum
of fifteen-hundred (1,500) square feet.
Mr Bob van Til, informed the Commission that all the staff recommendations
have been taken care of and that Centex Real Estate is in compliance with
these recommendations.
Chairman Bock asked Mr Stolte that the Final Plat be signed by the Engineer
before going to the County. Mr Stolte stated that this would be done,
W~th no further questions Chairman Bock asked for a motion regarding this
item.
Member Foster made a motion to recommend approval of the Final Plat for The
Colony #28, Phase 2, submitted by Centex Real Estate Corporation for a parcel
of land generally located on the Northeast corner of North Colony Boulevard and
Etheridge Drive. Member Brantley seconded the motion and it carried with the
following role call vote:
Ayes All present
Noes None
4. REVIEW AND RECOMMENDATION OF A FINAL PLAT OF LAKEWAY BAPTIST
CHURCH FOR THE PARCEL OF LAND LOCATED ON THE NORTHEAST CORNER
OF NORTH COLONY BOULEVARD AND ETHERIDGE DRIVE.
At this time Chairman Bock asked Mr van Til to bring the Commission
up to date on this item.
Mr van Til stated that all staff requirements have been met on the Site Plan
but, that the Final Plat does need Pllatted.
Chairman Bock asked if there were any questions regarding this item. As
there were no ques~:lo~a Chairmna Bock asked for a motion.
Member Brantley made a motion to recommend approval of the Lakeway
Baptist Church Final Plat for a parcel of land genrally located on the
Northeast corner of North Colony Boulevard and Etheridge Drive. The motion
was seconded by Member Blake and carried with the following role call vote:
Ayes All present
Noes None
5. REVIEW AND RECOMMENDATION OF A SITE PLAN AS SUBMITTED BY LAKEWAY
BAPTIST CHURCH FOR A PARCEL OF LAND GENERALLY LOCATED ON THE
NORTHEAST CORNER OF NORTH COLONY BOULEVARD AND ETHERIDGE DRIVE.
Mr van Til informed the Commission that all changes that had been discussed
by staff had been complied with.
Member Brantley asked if corrected Site Plans had been submitted? Mr van Til
stated that they had been.
Member Brantley stated that he was concerned about the traffic at that corner.
Member Brantley felt that a duel entrance into the Church site may be a
solution to this problem.
Member Brantley asked if the plan for Etheridge was for a divided or undivided
four (4) lane? Mr van Til said he would check into this and get back with
the Commission later. Member Brantley stated that he would like to see
a left turning lane into the Church coming South to help with the flow of
traffic. The Commission Members concurred with Member Brant:.ley on this.
Member Brantley asked if there will be a sprinkler system around the
Church site beings that none is shown on the Site Plan?
Mr Setzler, of Lakeway Baptist Church, stated that eventually one will be put
in, but after the Church has been built. He (Mr Setzler) stated that this
is due to the lay out of the building, and future proposed buildings.
Member Foster asked about landscaping with the first phase.
Mr Setzler stated that there will be landscaping but not a lot around t~he
front of the building due to future development.
Member Brantley asked if the only parking available was the elbow parking
designated on the site plan?
Mr Setzler state that yes it was.
Member Foster asked if the Lakeway Baptist Church completion for all
buildings was within three (3) to four(4) years?
Mr. Setzler stated that it would be more like fifteen (15) to twenty (20)
years.
Member Brantley stated that he would like to see somekind of landscapeing
and irrigation in the seventeen (17) feet in the front of the building, phase 1.
Mr Setzler stated i that there would be some put in.
Member Doss asked Mr Setzler why this particular site was chosen for the
Church?
Mr Setzler stated that this will be the only Church on the west side of The
Colony and it was felt that a Church was needed at this time, especially sence
(3)
the opening of the two-hundred five (205) acre tract for a planned develop-
ment on Stewarts Creek.
With no further questions Chairman Bock asked for a motion on this item.
Member Brantley made a motion to recommend approval of a Site Plan as
Submitted by Lakeway Baptist Church fo'r the parcel of land generally located
on the northeast corner of North Colony Boulevard and Etheridge Drive.
The motion was seconded by Member Foster and carried with the following
role call vote:
Ayes All present
Noes None
6. UPDATE BY COMMISSIONER FOSTER OF THE CITY COUNCIL MEETING HELD
ON MAY 5, 1988.
Member Foster took each item as the City Council heard them and informed the
Commission on their decisions.
#4. PUBLIC HEARING.This item was passed by City Council, but a lot of
Citizens were present who felt that the City is getting to many S.U.Ps. The
Citizens felt that this S.U.P. was to close to a day care center, church and
residential area. (Angelina Velez, Resturant S.U.P.)
Mr van Til informed the Commission that the City Council was looking at
changing the four-hundred (400) feet distance to one-thousand (1000) feet
distance from residetnial, day care centers and churchs. Mr van Til stated
that this would be set up for business with live entertainment.
#5. b. This item passed with a three (3) to two (2) vote. (Zoning change S.U.P.)
c. Passed. (Amending Chapter 6-31, Engineering Design Manual & Standard
Construction Details for Public Works.)
d. This item was a discussion with a clarificaiton of the 3/4 vote by the
City Council. The only time that this vote is necessary is if the
Planning & Zoning Commission denies a zoning request. This is also
reflected in State Law. (Amending Chapter 24 of Appendix A-Zoning
Code relating to P & Z procedures.)
#9. The City Council did not vote on this item they reviewed it. The City
Council feels that stricter regulations regarding the sale of beer, wine and
liquor need to be looked into.
At this time Member Brantley asked that a work session with the City Council regarding
this item be set up to go over the regulations regarding the sale of beer, wine and
liquor.
Chairman Bock asked that a joint work session between Planning & Zoning and the
City Council be set up before the City Council takes any action in regards to the
liquor restrictions. Chairman Bock would also like to have a join~ work session with
the City Council to go over the Master Plan.
#11. This item did not pass. (Request by Mr. John Merchant for a Sexually
Oriented Business License.)
7. ACCEPT NOMINATIONS FOR THE 1988-89 PLANNING & ZONING COMMISSION
CHAIRMAN AND VICE-CHAIRMAN.
Member Brantley nominated Cathy Bock as Chairman and Robert Doss as
Vice-Chairman.
Member Doss nominated Earl Brantley as Vice-Chairman. Member Brantley
declined the nomination due to his business schedule.
Chairman Bock fasked that Member Brantley7 think about the nominationi until
the Voting before deciding not .to accept.
Memiber Doss declined his nomination feeling that he has not been on the board
long enough. Member Doss recommended Member Foster for the position of
Vice-Chairman. Member Foster accepted.
With all nominations over Mr van Til asked that the Commission think over
these nominations and be prepared to vote on them at a later date.
Chairman Bock asked that a GENERAL BUSINESS item be provided on all
agendas.
At this time Chairman Bock asked Mr van Til if there were any zoning cases pending?
Mr van Til informed the Commission that there were none,
Chairman Bock asked that the next regularly scheduled session be a work session
to bring the new members up to date on the recent zoning cases the Commission
has worked on. Such as the two-hundred five (205) acre planned development,
Ordinance #357, etc.
With no further business Chairman Bock asked for a motion to adjourn the meeting.
Member Brantley made a motion to adjourn the meeting. Member Foster seconded
the motion and it carried with all voting aye.
Adjourned 8:20 p.m.
* "NorthPointe" is the Centex Real Estate Corporation land that Mr. Stolte is referring to.
CITY OF THE COLONY
DENTON COUNTY, TEXAS
MAY 19, 1988
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 May, 1988, at 7:30 p.m., at City
Hall, 5151 North Colony Boulevard, at which time the following
items will be discussed:
1. Election of Chairperson and Vice-Chairperson of the
Planning & Zoning Commission.
2. Approval of the minutes of the March 29, April 26, and
May 10, 1988 meetings.
3. Citizen Input.
4. Introduction of Councilman Weaver as the Council liaison
to the Planning & Zoning Commission.
5. Review and Consideration of a Replat of the 7.031 acre
subdivision as requested by Centex Real Estate Corporation
to be known as South ColonyRetail Center located on the
east side of Main Street (F.M. 423) and south of South
Colony Boulevard.
6. WORK SESSION and general discussion on pending items:
a. Master Plan
b. Procedures and requirements for zoning requests.
c. Preliminary plat expiration.
d. Zoning & Platting fee adjustments.
e. Adjustment of Single Family dwelling sizes.
7. General Business. (1) Lindberg; (2) Redwood.
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 19th day of May, 1988.
Patti Hicks, City Secretary
665
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON MAY 24th, 1988
A REGULAR SESSION of the Planning & Zoning Commission of the City
of The Colony, Denton County, Texas was called to Order by
Chairman Bock at 7:30 p.m. at City Hall with the following
Members in attendance:
CATHY BOCK CHAIRMAN (acting)
AGNES FOSTER MEMBER
CHERYL BLAKE MEMBER
BILL OWENS MEMBER
EARL BRANTLEY MEMBER
with Member Doss absent due to business, however, a quorum was
established. Also in attendance were Bob van Til, Administrative
Staff Planner; Judy Shirk, Recording Secretary.
1. ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON OF THE PLANNING
AND ZONING COMMISSION.
At this time acting Chairman Cathy Bock asked if there
were any new nominations, as there were none, Chairperson
Bock asked if any of the nominees from the previous meeting
would like to accept or decline their nominations? Member
Brantley still declined his nomination as did Member Doss,
Nominee Bock nominated for Chairperson did accept her nomination
as did Member Foster for Vice-Chairperson.
With no further nominations or discussion regarding this item
acting Chairperson Bock asked for a motion for Chairperson.
Member Foster made a motion to accept the nomination of
Member Bock for Chairperson for the Planning & Zoning
Commission. The motion was seconded by Member Blake. The
motion carried, at this time Member Bock asked for a roll
call vote to be taken.
Ayes Members Blake, Owens, Foster,
and Brantley, with Member
Bock abstaining.
Noes None
The motion carried.
Member Brantley made a motion to accept the nomination of
Member Foster as Vice-Chairperson for the Planning & Zoning
Commission. Member Blake seconded the motion and the motion
carried with all Members voting aye.
2. APPROVAL OF THE MINUTES OF THE MARCH 29, APRIL 26, AND MAY
10, 1988 MEETINGS.
Chairman Bock made a motion to approve the minutes of the
March 29, 1988 meeting with the following correction:
That the last name ~of Angelina,owner of Angelina's Resturant,
Velez be added to paragraph six (6) sentence eight (8) pg 1.
The motion was seconded by Member Foster with Chairman Bock
voting aye and all other Members abstaining due to them not
being in attendance at this meeting, however, the motion did
carry.
Member Brantley made a motion to approve the minutes of the
April 26, 1988 meeting. Member Foster seconded the motion.
The motion carried with the following correction; That the
(a) placed in front of Member Bocks name be stricken from
the minutes so that they read "Cathy Bock". Last sentence, pg 1,
just after second paragraph. The motion was seconded by
Member Foster and carried with all Members voting aye.
Member Foster made a motion to approve the minutes of the May
10, 1988 meeting. The motion was seconded by ~emb~r
(2)
Brantley. At this time Chairman Bock asked that the word
"NorthPointe" be placed in the minutes regarding Citizen
Input as this is the area that Mr. Stolte is referring to at
the May 10, 1988 meeting. The motion carried with all
Members voting aye.
3. CITIZEN INPUT.
Mr. Bob Hutchison of the Inspections Department took this
opportunity to introduce himself to the Commission and let
them know that he is the acting Building Official for the:
Inspections Department. Mr. Hutchison also informed the
Commission to feel free to call on him at any time.
4. INTRODUCTION OF COUNCILMAN WEAVER AS THE COUNCIL LIAISON
TO THE PLANNING & ZONING COMMISSION.
At this time Mr. van Til introduced Mr. Weaver to the Comm-
ission and the Commission Members to Mr. Weaver. Chairman
Bock informed the Commission and the audience that she
took Mr. Weaver place on the first City Council when Mr.
Weaver resigned.
5. REVIEW AND CONSIDERATION OF A REPLAT OF THE 7.031 ACRE
SUBDIVISION AS REQUESTED BY CENTEX REAL ESTATE CORPORATION
TO BE KNOWN AS SOUTH COLONY RETAIL CENTER LOCATED ON THE
EAST SIDE OF MAIN STREET (F.M. 423) AND SOUTH COLONY BLVD.
Mr. van Til informed the Commission that this is basically
a "Housekeeping" measure to insure that all plats and replats
are kept up with by the city. Mr. van Til stated that the
Staff does recommend approval.
At this time Mr. van Til introduced Mr. Edminster of Dannenbaum
Engineering Corp. , 7950 Elmbrook, Dallas, Texas.:~
Mr. Edminster informed the Commission that the South Colony
Retail, formally Franchise Row, a 7.031 acre tract has been
platted as intire subdivision and that Centex is now
ready to split this into Block A, lots 1-8, hence the replat
process. By replatting this into Block and lot numbers each
owner of each lot will be named on the plat. Beings that
this is a "Housekeeping" measure Mr. Edminster would like the
Commission to approve the replat.
Chairman Bock asked if there were any questions regarding
this item?
Member Foster asked if all the lots were platted now?
Mr. Edminister stated that "Yes" they were. Mr. Edminster
also informed the Commission that on any of the remaining lots,
if they were to be split,that they could be named lot 7A and
7B. (7A and 7B EXAMPLE)
Mr. van Til stated that if this were done there would be no
need to return to the Commission for approval. If the lots
are split they do not need to be replatted just numbered as
Mr. Edminster had stated. But, if the lot line is changed
in any way then Centex will need to replat and come before
the Commission for approval at that time.
With no more questions Chairman Bock asked for a motion on
this item.
Member Foster made a motion to recommend approval of a replat
of the 7.031 acre subdivision as requested by Centex Real
Estate Corporation to be known as South Colony Retail Center
located on the east side of Main Street (F.M. 423) and south
of South Colony Boulevard. The motion was seconded by Member
Brantley. The motion carried with the following roll call
vote:
Ayes All present
Noes None
At this time Chairman Bock asked that any decision made by
City Council in regards to Planning & Zoning cases sent to
them (City Council) that she (Chairman Bock) would like the
results of these decisions made available to the Commission.
Mr. van Til stated that he would take care of this.
6(37
(3)
6. WORK SESSION AND GENERAL DISCUSSION ON PENDING ITEMS:
a. Master Plan
b. Procedures and requirments for zoning requests
c. Preliminary plat expiration
d. Zoning & Platting fee adjustments
3. Adjustment of Single Family dwelling sizes.
A lengthy discussion followed these items to bring the
new Commission Members and Mr. Weaver up to date on all the
aforementioned items. No action regarding these items was
taken.
7. GENERAL BUSINESS: (1) LINDBERG: (2) REDWOOD
At this time Mr. van Til advised the Commission that staff
had discovered a proble~ with a phone box at the Northeast
corner of Lakeway Baptist Church property. Lakeway's
engineer Mr. Beougher was present. It seems that a telephone
box was omitted from their site plan along with the
easement. They have now come in and changed the configuration
of the alley south of the box. Mr. van Til informed the
Commission that the department heads had met on this
and saw no problem with it. Member Brantley had a problem
with the intire concept and asked if staff had made a site
visit. Member Brantley asked if our traffic engineer had
reviewed this. Mr. van Til stated"No? Several members of
the Commission felt there would be a site problem with so
many alleys converging at one intersection and haveing a very
large box, approximately four and one half (4~) feet wide,
one (1) foot deep and six (6) foot tall at the intersection.
Chairman Bock asked about the area between the box and the
alley and what would be done with that as far as upkeep.
Mr. Beougher advised the Commission that they have considered
this and would either provide some type of shrub landscape
or possibly pave this area. Member Brantley felt that staff
should have the traffic engineer review and make recommendations.
Member Bock stated the site plan should be changed to reflect
the easement and location of the box before it goes to Council
on June 6th, 1988.
General discussion held on overall Colony area - Lindberg
tract, NorthPointe, Fox & Jacobs, Master Plan, etc. and then
discussion was held on pending items. Also Member Bock
stated that she had been requested by Councilman Glazener
to review the possiblility of starting a Landscape Ordinance
for the City.
There being no further business, Member Blake made a motion to
adjourn, it was seconded by member Foster and carried with
all Members voting aye.
Adjourned 10:30 p.m.
Chairm~athy Bock Recording Secretary, Judy Shirk
CITY OF ~ COLOI~
DENTON COUNTY, TEXAS
JUNE 9, 1988
TO ATJ. INTERESTED PERSONS:
Notice is hereby given of a JOINT WORK SESSION of the Planning
and Zoning Commission and the City Council of the City of The
Colony, Texas to be held at 7:00 p.m. on the 13th of June, 1988
at City Hall, at which time the following items will be
addressed:
1. Review and discussion of liquor sales regulations within the
City of The Colony
2. Review and discussion of the Master Plan
3 Review and discussion of the Thoroughfare Plan
4. Review and discussion of a landscaping ordinance
5. Review and discussion of dwelling sizes
6. Work Session of the City Council to review and discuss tax
abatement
CERTIFICATION
I hereby certify that above notice of meeting was posted on the
front door of City Hall by 5:00 p.m. on the 9th day of June,
1988.
· 'H' ~, City Secretary
MINUTES OF THE CITY COUNCIL MEETING
HELD ON
JUNE 13, 1988
The Joint Work Session of the City Council and the Planning and
zoning Commission of the City of The Colony, Texas was called to
order at 7:00 p.m. on the 13th day of June, 1988 at City Hall
with following Council~ro:l~.caLl~:C ~"-~
Don Amick, Mayor. l.~ 0 ,, ,,. Present
Rick Harris,Mayor Pro-tem Present
Johnny Spears,Councilman Present
Michael Robinson,Councilman Absent
Steve Glazener,Councilman Present
Dick Weaver,Councilman Present
Joel Marks,Councilman~ Present
and with six members presen~ a quorum was established. The
following members of the Planning and zoning Commission were in
attendance:
Cathy Bock, Chairman, Agnes Foster, Robert Doss Billy Owen
and Cheryl Blake. Members Brantley and Marin were absent,
.however a quorum was established and the following items were
addressed:
Mayor Amick, at this time, announced to those present that a
contract was pending with Fox & Jacobs for the purchase of the
property located along 121 by Trans T Investments from Atlanta,
Georgia. The Mayor said !~i?:~, Mr. Richard Ferrar, a planner and
architect was handling the':nggotiations.
2. REVIEW AND DISCUSSION OF THE.MASTER PLAN
Cathy Bock gave a brief'h~ston~',of the City, stating F & J
bought 3000 contiguous acres in 1973, the MUD was formed in
1974 and from 1973 -~1.97.7 a'Hom~'Owners Association governed
the town, going on to say'that the city'became General 'law~
i~ 1977~ and-IHome Rule.,in 1979. Ms. Bock said the origih'~l
master plan was produced in 1977 by Schrickel and Rollins
and that land uses have .really changed .since'then and ,the
master plan needs to be r~vised and adopted, stating that~ P
& Z wants some direction from Council as to what should be.,~
included. She asked if the council is looking for slow
growth or no growth. Ms.~Bock did say that the re-zoning'of
the Eastvale area is underway and~ will be addressed soon.
.Mayor Amick said the Council is receptive to P & Z reviewing
the situation, giving their ideas and then bringing'it' to
the Council for review. ~ Mayor Amick reminded P & Z that
they should review the Billingsley property, but noting :that
he feels it should stay as is, and to be sure to review
Eastvale and any unused parcels, going on to say that the
Single Family along 121 should be changed to Business Park.
Ms. Bock agreed~ and said there is some Multi-Family along
423 that shoul~ be addressed also. Ms. Bock asked if P & Z
should just study zoning or other facets of the master plan,
such as utilities~;~ traffic, etc. Mayor Amick said the
Council has no desire to limit P & Z in their actions and
that all of these items need to be addressed. The Mayor
asked about the re-zoning of the Eastvale area. Bob~van Til
said that P & Z is going ~to bring those zoning districts up
to The Colony's cldsest ex~s~..ing use, stating that there
would be Public Hearings before P & Z and Council in July
and August. Agnes Foster said the master plan needs to.have
input from the Chamber and the store owners in the City.
'' ~>Ms~ BocR asked if there~is a time frame. Mayor Amick~'sai~'.P
& Z should set the time 'table and then let the Council know
how long it will take~
Ms. Bock said that dwelling sizes compare'with other, cities
and if they are increased now we will knock out 'starter home
sales in the city. .
Councilman Marks said to be sure to cover land to be
developed first so that,.we are ready when the developers
are. Councilman Glazener'suggested P & Z meet with P & R to
discuss biking and jogging trails in and around the city.
i~3.~.....REVIEW. AND.~DISCUSSION OF. THE THOROUGHFARE PLAN
'. Cathy Bock stated that Earl Brantley is out of town and he
is more familiar with this than she, but she did noteseveral
items that need to be addressed, stating that Hal Jones has
been working on these for a few months.
1. Wynnewood Haven - Proposed roadway from 121 through to
the peninsula tying into Boyd Rd, continuing on through
Frisco and tying in with Legacy Rd.
2. 205 acres - roadway going through to Eastvale area to tie
in with W. Lake High]ands and posS'ibly tie in at 121.
3. N. Colony Blvd. tie in with Legacy per agreement with
Camden Dev. (Stonebriar). When the commercial property is
developed the road will be extended and tie in to either
Legacy or 121 or both. ~' '~
4. White Property - Marshl Lane from Plano needs~ to be
extended to 121 via Spring C~eek Pkwy. When 121 is widened,
if N. Colony ties in, it may become an extension of Spring
Creek Pkwy. Do we want that?
5. An east/west roadway .... (earrollton Pkwy, named by Mr.
Billingsley) from 423.,east.to.Piano Pkwy. and terminating at ~
Spring Creek Pkwy.
6. Extension of Josey Lafe - there are many configurations,
need to try to work with the State.
Councilman Harris stated that we want the golf course closer to
the lake than a road. Bill Hall said the previous developer for
the course would not pay for a road and did not want one..
There was a general discussion regarding the above proposed
'.roadways. Mayor Amick said the southern roads are.closer to
reality, stating the norther roads will have to be build by the
City and we don't have the money to do so.
~ Bill Hall showed a thoroughfare plan of Denton County, prepared
by PAWA Winkleman sometime ago, and which had'been adopted by the
Council.
.Mayor Amick stated that the thoroughfare plan should be taken
,into consideration and included into the master plan.
4. REVIEW AND DISCUSSION OF A LANDSCAPING ORDINANCE
Cathy Bock said that P & Z had looked at this some time ago at
the request of Councilman Glazener,.,.and that she just wanted
.Council to be aware of the fact--that P & Z will be bringing an
~ordinance to Council' ..
CQuBGilman Marks suggested..an "Adopt a Median" program whereby
'citiZens could adopt a median' 'and-the-'city 'furnish the-water.
Mayor Amick said nothing should be planted in the medians until
theY are irrigated and that landscaping should be only at one end
to make mowing easier.
Ms. Bock said that if volunteers are allowed to landscape then
'guidelines need to be set and Mayor Amick reminded everyone that
if roads are expanded then.the medians will be eliminated.
Councilman Glazener asked if the ordinance will address
irrigation. Ms Bock said that it would require landscaping to be
in the site plan.
There was a general discussion regarding the entrances to the '
City and Agnes Foster stated that we {The Colony) looks pretty
bad when compared to Stonebriar. Mayor Amick said we should look
,i~to using watering trucks not sprinkler systems and Mr. Hall
' { [t~'~ated that irrigation of medians is in the budget this year and
.it will be next year.
Councilman Glazener noted trash on Plano Pkwy and in and around
the city, stating that trash and glass containers are really bad
in some areas. Mr. Hall suggested litter barrels on Plano Pkwy.
Mayor Amick stated that a litter ordinance could be passed.
5. REVIEW AND DISCUSSION OF DWELLING SIZES
Cathy Bock said that P & Z had been looking into this issue.
Councilman Spears said his concern is with the number of small
homes, not the size. Councilman Rarris said that he.liked the
Redwood concept, stating that was a very good mix and that he
does not feel raising the minimum is th~.correct approach. Mayor
Amick reminded everyone of the' 205 cases; .small homes proposed by
F & J.vetoed by the citizens and .now larger homes proposed by
Lindberg, accepted by the citizens, but no development. The Mayor
stated.,.there is. no market: for larger homes in The Colony .... Ms..
Bock said that if the minimum is raised,' the'City will put
themselves out of the market, stating there are other ways to
accomplish our goal without raising the minimum square footage.
Councilman Spears said he feels some areas should be set aside
for larger homes, and Councilman'Marks agreed, stating that P & Z
should consider this issue in the master plan. Ms. Bock said
that Council needs to give P & Z direction on this
Mayor Amick said the problem is not with the image of The Colony
having small homes, but that there is no corporate development in
our city. Ms. Bock said P & Z does not recommend raising the
minimum, but working with each case individually, as they come
i . in. Mayor'Amick said he thinks P & Z is doing a good job.
1. REVIEW AND DISCUSSION OF LIQUOR SALES REGULATIONS WITHIN THE
CITY OF THE COLONY :
Cathy Bock said that P & Z had checked into establishing a liquor
district and ~controlling sales by zoning. She said they suggest
retaining the Specific Use Permits with. tighter restrictions;
along the same line and the SOB ordinance. Bill Hall said. that
according to the attorneys, we can control this by stating that
this business does not fit into future development of the city.
Mayor Amick. asked if the city: wants to restrict liquor sales by
zoning.or leave it up to each Council to determine where it will
be sold. Ms. Bock said to be careful not to prohibit restaumants
in certain areas. Councilman Glazener ~aid that is two separate
issues, liquor stores and restaurants, stating he is not opposed
to restaurants, but to liquor stores on every corner, going on to
say that a certain area needs to be specified for liquor stores,
where there are no residences.
Councilman Harris suggested it is too late'to establish a liquor
district, since liquor stores are all over toWn now, stating we
have to go with zoning, suggesting 1000 feet from church, school,
etc. Councilman G]azener said we can't change existing
businesses, but as ownership changes, we can dis-allow, liquor
sales at the same location. Mayor Amick said he had been in' the
liquor stores in the city and ~had found them to be clean, good
~ ..... '! businesses, and asked if we dis-allow them in the shopping
centers, what will fill the empty spaces. Mayor Amick went on to
say that the market will dictate what stays in business and.what
does not. Councilman Glazener stated that the market dictates
how much cocaine is brought into our country also. "-Mayor Amick
said that is the wrong analogy, Stating liquor stores do draw
business.
Councilman Marks asked if a liquor store exists, and a church
672
builds in the area, then the liquor store closes, can a new
liquor store come in, noting that the restriction should work
both ways and churches and schools should be restricted also.
Bill Hall said that has come up twice, once with the SOB
ordinance and once with liquor 'sa]es, stating that church can
move in by a liquor store, but the liquor store SOB cannot move
in by a church.
There followed a 'genera] discussion regarding points covered in '
the work session for P & Z to address further. Foster asked if
70/30 percentage O.K in restaurants selling liquor. Distances
from church or school for liquor store, 1000, 700, or 400 feet. ~
Mayor Amick said the Council should have a work session on the
liquor sales subject.
Ms. Bock said P & Z will proceed~ with the master plan~,
thoroughfare plan, and landscaping ordinance, but will hold off
on liquor sales' Until Council 'reviews. again ...................... ':.-..~
Mayor Amick asked· if everyone understood that P & Z is leaving
with a consensus on items 2,3,4, & 5. Councilman Harris said he
feels they 'should proceed with liquor sales to, stating that the
percentage for restaurants should be 60/40 and the distance
should be 500 feet for ~ liquor store. Ms. Bock noted that does
not include convenience stores. The Mayor asked for a consensus
on Councilman Harris' suggestion. All the Council agreed with
the 60/40 percentage and distance of 500 feet. All the Council
agreed that there should be no more than one liquor store in a
shopping center and no free standing liquor store within 1000
feet of another. After a brief discussion, Mayor Amick directed
P & Z and the City Manager to draft an ordinance regarding liquor
sa]es regulations.
6. WORK SESSION OF THE CITY COUNCIL TO REVIEW AND DISCUSS TAX
ABATEMENT
Councilman Weaver said that new businesses are coming into the
city all the time, and we are not prepared to do anything about
tax abatement., stating that it si an incentive to businesses to
come to our city. Councilman Weaver said it will take about 5
months to draft the plan and that we should be thinking about it,
going on to say that Frisco and Plano already have a plan. Mayor
Amick said he 'is very interested in tax abatement, but is not
sure we can afford it. After a brief discussion, Mayor Amick .,~'
appointed Council'men Glazener, Weaver and Marks-to. study..:this
issue and report back to Council.
With no further business to address, Councilman Harris moved to
adjourn and Councilman Harris seconded the motion which c~rried
with all members voting Aye.
Mayor Amick adjourned the meeting at 9:40 p.m.
APPROVED:
Don ~mick, ~-a~ ..... ' -
ATTEST:
' ~atti A. Hicks, City Secretary
", .[SEAL] .... '.': .... : :.:. ~.;.:..
673
for
THE CITY OF THE COLONY
1988 - 1998
10 YEAR CHANGE
Z/D ~1988(7671.6469) (PROJECTED) BP iGR SC 0 !PD
BP 990.5099/12.91% 605.373 -30.54
I 837.8299/10.92% ].695.045 -300 -15.3 -20.25 -30¢
HC 0 0
LC 0 0
GR 47.1902/.53% 49.
SC 113.4126/1.49% 137.217
NS 12.0032/.1% 258.829 INCLUDED:S.U.P + P.D.
0 41.5451/.5% 88.788
P 0 0
A 128]..4774/16.70 0 -306 -49 -66.6 -44]
,
PD 1090.1530/14.21 1291.463
MF1 38./.49% 0 -38
MF2 0 0
MF3 0 0
MF4 0 0
TH 0 0
D 0 0
SF1 0 0
SF2 0 0
SF3 0 0
SF4 0 10
MH 0 0
T= 81.89 740.23
LUA.111
674
10 YEAR CHANGE
Z/D 1988(7671.6469) (PROJECTED) ANNEXATIONS 1998(8021.647)
BP 990.5099/12.91% 605.373 1565.34/19.5%
I 837.8299/10.92% 1695.045 202.28/2.5%
HC 0 0 {0
LC 0 0 0
GR 47.1902/.53% 49. 96.19/1.2%
SC 113.4126/1.49% 137.217 ].95.3/2.4%
NS 12.0032/.1% 258.829 270.83/3.4%
0 41.5451/.5% 88.788 130.33/1.7%
P 0 0 0
A 1281.4774/16.70 0 350 770.28/9.6%
PD 1090.1530/14.21 1291.463 1830.4/22.8%~
MF1 38./.49% 0 0
MF2 0 i0 0
MF3 0 10 0
MF4 0 0 0
TH 0 0 0
D 0 0 0
SF1 0 0 0
SF2 0 0 0
SF3 0 ' 0 0
SF4 0 0 0
MH 0 ~0 0
LUA. llA
675
10 YEAR CHANGE :% CHANGE
Z/D 1988(7671.6469) (PROJECTED) 1998
BP 990.5099/12.91% 605.373 +36.73%
! 837.8299/10.92% 1695.045 -75.86%
HC 0 0 0
LC '0 0 0
GR 47.1902/.53% 49. +50.95%
SC 113.4126/1.49% 137.217 +41.94%
NS 12.0032/.1% 258.829 +95.57%
0 41.5451/.5% 88.788 +68.13%
P 0 0 0
A 1281.4774/16.70 0 -39.90%
PD 1090.1.530/14.21 1291.463 +40.45%
MF1 38./.49% 0 0
MF2 0 0 0
MF3 0 0 0
MF4 i0 0' 0
TH 0 0 0
D 0 0 0
SF1 0 ~0 0
SF2 0 0 0
SF3 '0 0 0
SF4 0 0 0
MH 0 0 0
LUA.11B
CITY OF THE COLONY
DENTON COUNTY, TEXAS
JUNE 8, 1988
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning &
Zoning Commission of the City of The Colony, Texas to be held
on the 14th day of June, 1988 at 7:30 p.m., at City Hall, 5151
North Colony Boulevard, at which time the following items will
be discussed:
1. Introduction of Mr. Roy Marin, New Commission Member.
2. Citizen's Input.
3. Approval of the minutes of the May 24, 1988 meeting.
4. PUBLIC HEARING, as requested by Mr. Siemen's to give a
parcel of land located at 174 South Main St. (F.M. 423)
a Specific Use Permit for the operation of a pawn-shop.
5. Consideration and recommendation of a request made by Mr.
Siemens to give a parcel of land located at 174 Main St.
(F.M. 423) a Specific Use~ Permit for the operation of a
pawn-shop.
6. PUBLIC HEARING, as requested by Mr. Burgesser to give a
parcel of land located on North Colony Boulevard between
Newton and Melroy Streets a Specific Use Permit for the
op~ati~n-~f a Day-Care facility.
7. Consideration and recommendation of a request made by Mr.
Burgesser to give a parcel of land located on North Colony
Boulevard between Newton and Melroy Streets a Specific Use
Permit for the operation of a proposed Day-Care facility.
8. General Business.
Update of the City Council meeting that was held on the
6th day of June, 1988.
CERIFICATION
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 9th day
June, 1988.
Patti, Hicks, City Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON JUNE 14, 1988
A REGULAR SESSION of the Planning & Zoning Commission of the City
of The Colony, Denton County, Texas was called to Order by
Chairperson Cathy Bock at 7:30 p.m. at City Hall with the following
Members in attendance:
CATHY BOCK CHAIRPERSON
ROBERT DOSS MEMBER
AGNES FOSTER MEMBER
CHERYL BLAKE MEMBER
BILL OWENS MEMBER (absent)
EARL BRANTLEY MEMBER (absent due to being out
of the city)
ROY MARIN MEMBER (absent due to business)
with four Members present a quorum was established. Also in
attendance were Bob van Til, Administrative Staff Planner; Judy
Shirk, Recording Secretary; Mr. Dick Weaver, Councilman Liaison.
1. Member Marin was not present so introduction were not made.
2. CITIZEN INPUT.
None at this time.
3. MINUTES OF THE MAY 24, 1988 MEETING.
~A motion to accept the minutes of the May 24, 1988 meeting
was made by Member Foster. At this time Chairperson Bock
asked that a clarification be made on page 2 paragraph 8,
regarding the replat process, if any remaining lots not
platted already, and these lot lines are changed in any Way,
then Centex will' need to come back before the Planning & ~ _
Zoning Commission at the time of the change for the replat
to be approved.
The motion was seconded by Member Blake with the clarification
and the motion passed with Members Bock, Blake and Foster
voting aye and with Member Doss abstaining due to not being
in attendance at the May 14, 1988 meeting.
4. PUBLIC HEARING AS REQUESTED BY MR. SIEMEN's TO GIVE A
PARCEL OF LAND LOCATED AT 174 MAIN ST. (F.M. 423) A SPECIFIC
USE PERMIT FOP THE OPERAITON OF A PAWN-SHOP.
Chairperson Bock asked for a motion to open the Public
Hearing.
Member Doss made a motion to open the PUBLIC HEARING as
requested by Mr. Siemen's to give a parcel of land located
at 174 Main St. (F.M. 423) a Specific Use Permit for the
operation of a pawn-shop. The motion was seconded by Member
Foster and carried with all Members present voting aye.
Mr. van Til took the floor at this time to update the
Commission on this item.
Mr. van Til stated that the location of the requested pawn-
shop is Block ~1, lots 90 to 93. Mr. van Til also informed
the Commission that the building size was not 4800 square
feet but that it was actually 6400 square feet, however this
size difference did not change the fact that there still
is enough parking spaces.
Thirty-five (35) notices had been sent out and that one
notice had been returned. The returned notice was from Ms.
Mildred Woodruff, 177 Elm Drive, The Colony, TExas, 75056.
Ms. Woodruff was against the zoning because she feels that
her safety and other residents safety in this area would
be jeopardized by the existance of such a business as a
pawn-shop.
Mr. van Til informed the Commission that Staff was in favor
of this zoning change.
,.
(2)
at this time Mr. van Til ±ntroduced Mr. Darrell Siemens
of Legacy Pawn-Shop to the Commission.
Mr. Darrell Siemens
225 Malebo Drive
Highland Village, Texas
Chairperson Bock asked Mr. Siemens if he was aware that a
judgement against the property was held by the City of The
Colony ?
Mr. Siemens stated that "Yes, he was aware of this and that
he is working with the owner of the property in regards to
this matter.
Member Foster asked if the property had been foreclosed on
at this time?
Mr. Siemens stated that "He did not know".
Member Foster asked Mr. Siemens how long he had signed his
lease for?
Mr. Siemens stated that it is a three year lease.
Chairperson Bock asked if the Police Department had any
problems regarding this type of business?
Mr. van Til informed the Commission that Chief Ristagno did
not have a problem with this type of business that the
State licensing and regulations for this type of business
were very strict and that Mr. Siemens had been in to talk
with Ch~f Ristagno.
Mr. Siemens' stated that he would work with the Police
Department in any way that he can and that he will follow.
all rules, regulationiand ordinances pertaining to our
City at all times.
Member Foster asked how often the pawn-shop would have to
renew its' license?
Mr. Siemens stated that the license had to be renewed
every year.
Member Doss asked Mr. Siemens if the pawn-shop would be
doing any business with hand guns and had Mr. Siemens
owned any other pawn-shops?
Mr. Siemens stated yes that he would be~doing business
with hand guns and no he has not owned any pawn-shops
but he has managed a pawn-shop.
Member Doss asked Mr. Siemens if he will be upgrading the
building that he will be using?
Mr. Siemens stated yes.
Member Doss asked if the parking lot will be paved?
Mr. Siemens stated yes.
Chairperson asked if there were any further questions from
the Commission? Being no further questions Chairperson
Bock asked if there were any questions from the audience?
Ms. Adriana Jones asked for a clarification of the location
as she was not real sure where it will be.
Mr. van Til showed Ms Jones on the zoninq map where the
pawn-shop will be located.
With no further questions regarding this item Chairperson
Bock asked for a motion to close the Public Hearing.
Member Doss so moved to close the Public Hearing and Member
Blake seconded. The motion carried with all Members voting
aye.
§. CONSIDERATION AND RECOMMENDATION OF A REQUEST MADE BY MR.
SIEMENS TO GI~E A PARCEL OF LAND LOCATED AT 174 MAIN ST.
(F.M. 423) A SPECIFIC USE PERMIT FOR THE OPERATION OF A
PAWN-SHOP.
Member Foster made a motion to recommend approval of the
request made by Mr. Siemens to give a parcel of land
located at 174 Main St. (F.M. 423) a Specific Use Permit
for the Operation of a pawn-shop. The motion was seconded
by Member Doss and carried with the following roll call vote:
Ayes All present
Noes None
(3)
6. PUBLIC HEARING, AS REQUESTED BY MR. BURGRESSER TO GIVE A
PARCEL OF LAND LOCATED ON NORTH COLONY BOULEVARD BETWEEN
NEWTON AND MELROY STREETS A SPECIFIC USE PERMIT FOR THE
OPERATION OF A DAY-CARE-FACILITY-
Mr. van Til informed the Commission that the citizens
main concern regarding this Day-Care-Facility is the
traffic impact on North Colony Bouelvard. Mr. van Til
stated that the property is fronted by a major aterial
road, consequestly, the traffic impact will be minimul.
The surrounding zoning is residential and the proposed
Day-Care-Faicility is compatible with this area and that
the Day-Care-Facility can compliment this area.
Mr. van Til informed the Commission that thirty-seven (37)
notices regarding this zoning request had been mailed out
and that three (3) had been returned. They are:
Mr. and Mrs. Rodriguez
4365 Newton
The Colony, Texas
Mr. and Mrs. Rodriguez are for the zoning change.
Ms. Hazel Kolecke
4357 Newton
The Colony, Texas
Ms. Kilecke is for the zoning change.
Mr. and Mrs. White
#2 Melroy Circle
The Colony, T~xas
Mr. and Mrs. White are against the zoning change. They do
not want a Day-Care-Facility near their home because of
traffic congestion and property values will go down.
At this time Mr. van Til introduced Lisa Clark of the Peanut Gallery
Day Care Center.
Lisa Clark
710 Lamar
McKinney, Texas
Ms. Clark informed the Commission about the Peanut Gallery
Day-Care-Centers. There are two (2) such facilities in
Carrollton. Thirteen (13) percent of the children are
under five (5) years of age. The facilites have been in
service for six (6) years. The facilities are safety
conscience with the children and provide an environmental
facility that is very comparable with the surrounding
area. Ms. Clark introduced Mrs. Burgresser to the Commission
at this time so that she (Mrs. Burgresser) could enlighten
the Commission on the facility from the owners point of view.
Mrs. Pat Burgresser
Owner/Operator of the Peanut Gallery Centers.
2618 Dove Cove
Carollton, Texas
Mrs. Burgresser worked with the Human Resources for nine
years learing child development and care. The Peanut
Gallery divides the children into small groups so that the
teachers can give more attention to them. The Peanut
Gallery is conscientious about the security of the children
left in thier care. Parents are advised that they must
come into the facility to pick up thier children, the
children are never allowed to go out of the building
without supervision.
The Peanut Gallery uses wooden playground equipment to
keep the play ground noise at a minimum.
At this time Mrs. burgresser introduced her husband to the
Commission so that he could tell them about the building.
.6.50
(4)
Mr. Burgresser
2618 Dove Cove
Carrollton, Texas
Mr. Burgresser asked the Commission if they had looked
over the packets regarding the Peanut gallery that he
provided for them? The Commission stated that they
had.
Mr. Burgresser informed the Commission that he is a
licensed Architect and that he designs the Peanut
Gallery Facilites.
The Peanut Gallery slated to go in The Colony will be
fourteen (14) feet ten (10)inches in height and it will
be placed on 1.67 acres. The building itself will be
seven-thousand (7000) square feet, the building and
playground will only take up 2/3 of the property. The
building set-back will be more than twenty-five (25) feet
off of North Colony Boulevard. The parking area will
be behind the twenty-five (25) feet set-back and the
building will set behind the parking area. The twenty-
five (25) feet of set-back will be landscaped. The flow
of traffic in and out of the site will run very smoothly.
There are forty (4) parking spaces on the site. The
parents are to bring their children into the building so
there will not be any stacking problem on North Colony
Boulevard. The fending requirements at the back of the
facility is ten (10) feet from the property line but
they are going to double this and this will bring the
fence in from the property line twenty (20) feet at
some points.
Member Foster asked Mr. Burgresser how many children
would be playing on the playground at one time?
Mrs. Burgresser answered this questions by stating that
the children go out in the playground at intervals. That
there probably would not be more than fifteen (15) to
seventeen (17) children out at a time.
Member Foster also asked how many children there will
be inrolled in the facility?
Mrs. Burgresser stated that approximately one-hundred
sixty (160) children would be in the facility. Mrs.
Burgresser also informed the Commission that the children
that are out on the playground are staggered due to the
age of the children. That they do not mix toddlers with
older children.
Member Foster asked how many of these children will be
school age children?
Mrs. Burgresser said that it would depend on the need of
the City but about 1/3 of the children tend to be school
age.
Member Foster asked about the noise level in the playground?
Mrs. Burgresser stated that the playground equipment is
accousticle and that the playground in one-half (~) of a
football field away form the closest home.
Member Foster asked what type of fence will be used around
the playground?
Mrs. Burgresser informed the Commission that it would be
a four (4) foot chain link fence.
Chairperson Bock stated that she did not like the idea of
a four (4) foot chain link fence. Chairperson Bock stated
that she would like to see an alternative to this idea.
Mr. Burgresser addressed the Commission stating that they
choose a four (4) foot chain link fence for security
reasons. The Peanut Gallery does not lock it's playground
at night to allow the neighborhood children to play_in the
in the evenings. The chain link fence gives visability
to the parents of these children while they play and also
allows the Police Department visibility to the playground.
This type of fencing is used at their other facilities
in Carrollton.
Member Foster asked if there would be a circular drive for
the parents to drop off their children?
Mrs. Burgresser stated that "Yes" there will be a circular
drive but that the parents are not allowed to drop off
their children they must park their cars and bring the
(5)
children into the facility.
Member Doss asked what the number of children per
supervisor will be?
Mrs. Burgresser stated that the babies will be five (5)
to one (1), the older children will be fifteen (15) to
one (1), They are well within the Sates requirements
for these numbers.
Member doss asked if there would be a double gate?
Mrs. Burgresser stated that "Yes" there ~will be a double
gate for deliveries but that this gate will remain locked
at all times.
Member Doss asked about the utilities?
Mr. van Tilinformed the Commission that this item will
be taken care of the site plan review.
Lengthy discussion followed.
At this time Chairperson Bock asked if there were any more
questions regarding this item form the Commission?
As there were none Chairperson Bock asked if any citizens
in the audience had any quesitons or concerns regarding
this item?
Mr. Robert Bean
~4 melroy Cir.
The Colony, Texas
Mr. Bean stated that he did not want a Day-Care-Facility
in this area. Mr. Bean stated that when he purchased
his home that the Fox & Jacobs salesman told him that
this area would be used for a park. Mr. Bean asked the
Commission to denie this request or any request for a
Commercial building to be put on this site. Mr. Bean
informed the Commission that he represents his neighborhood.
Chairperson Bock asked Mr. Bean how many residents in this
area he was representaing?
Mr. Bean stated that he prepresented around ten (10) homes.
Mr. Robert Turner
4385 Newton
The Colony, Texas
Mr. Turner stated that he was not against a Day-Care-
Center he just didn't want it in his neighborhood. Mr.
Turner informed the Commission that he paid a premium to
live on the South side of North Colony Boulevard and does
not want any commercial buildings in the area.
Deanie Ihney
#2 King Circle
The Colony, Texas
Ms. Ihney informed the Commission that her children ride
their bikes to school and with parents dropping off their
children at the Day-Care-Center it would not be safe for
her children to continue to ride on their bikes. Mrs.
Ihney also stated that the noise level when the children
are on the playground would be great.
Mr.Willard White
~2 Melroy Circle
The Colony, Texas
Mr. White is not opposed to a Day-Care-Center but does
not want it in his back yard. Would like the Peanut
Gallery to look for another location.
Member Doss asked Mr. White what he preferred being done
with this site?
Mr. White said that he would like to see it cleaned up
and a park or more houses built in this area.
Leonard Cotton
4373 Newton
The Colony, Texas
Mr. Cotton is retired and he does not want the noise
that will prevail if a Day-Care-Center is allowed on
this site. Mr. Cotton would prefer a park.
Adreanna Mitchell
#10 Indianola Circle
The Colony, Texas
Ms. Mitchell agrees with every one on the noise level.
Ms. Mitchell stated that her property value would decrease
because of this Day-Care-Center. Ms. Mitchell would like
a park on this site also.
At this time Chairperson Bock thanked the residents for coming
and speaking out on this matter. Chairperson asked the
Commission if they had any further questions or concerns
regarding this item.
Member Foster was concerned regarding the noise level.
Mr. Burgresser stated that the children are not all on
the playground at the same time and they are never on the
playground in large numbers.
Chairperson Bock asked if there were something that would
absorb the noise?
Mr. van Til felt that a higher fence made of a different
material other than chain link would help absorb the
noise.
Mr. Turner asked what would happen to the land is not
used for the facility, if the facility including the
playground will only take up 2/3 of the property?
Mr. Burgresser stated that they could not sale this land
for any purpose other than a Day-Care-Center and %hat
the Peanut Gallery will maintain the land at all times.
At this time Chairperson Bock explained the Specific Use
Permit Classification to the audience.
Mr. Turner asked what would happen to this property if
the Peanut Gallery goes out of business. Could a 7-11
come in on this land?
Chairperson Bock stated that she did not feel that the City
would allow a 7-11 on this location. Chairperson Bock
informed the audience that this piece of property will
still have the Specific Use Permit Zoning attached to it
and anyone purchasing this property will have to come
before the Planning & Zoning Commission for a change of
zoning just like the Burgresser did for their Day-Care-
Center.
Mr. Burgresser explained that the property will
remain zoned Residential with a Specific Use Permit to
operate a Day-Care-Center.
Mr. Bill Harris
4381 Newton
The Colony, Texas
Stated he does not like the noise levelt~at this type
of facility will bring.
Mr. Turner stated that there are other sites for this
Day-Care-Center to use.
Mr. Dean Bailey
Child Care Ventures Operating Planner for the Peanut
Gallery.
Mr. Bailey informed the Commission and the audience
that other sites had been looked into but that this was
the most feasible for their purpose. Mr. Bailey also
staed that the location was better suited for security
purposes and the locations of the Peanut Gallery's in
Carrollton were located in teh same type of area. The
front of the property is wide and allows for good egress/
ingress on the property.
Short Discussion on different sites followed.
With no further quesitons from the audience or the Commission
Chairman Bock asked for a motion to close the Public Hearing.
Member Doss made the motion to close the Public Hearing and
Member Foster seconded the motion. The motion carried with all
Members present voting aye.
7. CONSIDERATION AND RECOMMENDATION OF A REQUEST MADE BY
MR. BURGRESSER TO GIVE A PARCEL OF LAND LOCATED ON NORTH
COLONY BOULEVARD BETWEEN MELROY AND NEWTON STREETS A
SPECIFIC USE PERMIT FOR THE OPERATION OF A PROPOSED DAY-
CARE-CENTER.
Chairman Bock asked if there were any further discussion
from the Commission regarding this item. As there was
none Chairperson Bock called for a motion on this item.
Member Doss made a motion to recommend approval of a
request made by Mr. Burgresser to give a parcel of land
located on North Colony Boulevard between Newton and
Melroy streets a Specific Use Permit for the operation
of a proposed Day-Care-Facility. Member Blake seconded
the motion and teh motion passed with the following roll
2 call vote:
Ayes Members Doss, Blake and Bock
Noes Member Foster
At this time Chairperson Bock asked for a five (5) minute recess
Recess 9:20 p.m.
Members reconviened at 9:25 p.m.
8. GENERAL BUSINESS
UPDATE OF THE CITY COUNCIL MEETING THAT WAS HELD ON THE
6th DAY OF JUNE 1988.
Chairperson Bock asked that this item be tabled at this
time. All Members concurred.
Chairperson Bock asked that a motion to close the meeting be
made. Member Doss so moved, Member Blake seconded and the
motion carried with all Members present voting aye.
Adjourned 9:30 p.m.
Ch~~ Cathy Bo-c~ Recording Secretary, Judy Shirk
MINUTES OF THE PLANNING & ZONING COMMISSION
CITY OF THE COLONY
HELD ON JUNE 23, 1988
A WOPK SESSION of the Planning & Zoning Commission of the City
of The Colony, Denton County, Texas was called tO Order by
Chairperson Bock at 7:30 p.m. at City Hall, with the following
Members in attendance:
CATHY BOCK CHAIRPERSON
ROBERT DOSS MEMBER
BILL OWENS MEMBER
EARL BRANTLEY MEMBER
CHERYL BLAKE MEMBER
ROY MARIN MEMBER (absent due to business)
AGNES FOSTER MEMBER (late due to business)
with five Members present a quorum was established. Also in
attendnace were Bob van Til, Administrative Staff Planner;
Judy Shirk, Recording Secretary; Tommy Turner, Public Works
Director; Dick Weaver, Council Liaison. The following items were
discussed:
1. DISCUSSION OF THE MASTER PLAN.
Mr. van Til informed the Commission that the purpose of
this meeting was to form basic ideas for future meetings
and to plan what criteria to take at the future meetings.
To identify certain areas for tentative zoning.
Areas of concern for further discussion at future meetings.
What organizations or citizens should be involved with the
study of the Master Blan.
The time limit for the review.
Frequency of review of the Master Plan. State requires
every three (3) years.
Future annexations.
At this time Mr. van Til stated that the Billingsley and
IBM properties should remain zoned as they are.
Chairperson Bock felt that the tract of land owned by
Fox & Jacobs but is in Lewisville jurisdiction should be
considered and check to see how Fox & Jacobs feels about
this situation.
Chairperson Bock felt that Staff, City Consultants, LISD,
Developers/Owners of land and the Chamber of Commerce should
be included in this study of the Master Plan.
Member Blake felt that the Commission should work toward
raising the tax base by looking into more business and
industry coming into the city.
Member Blake stated that she would like to see a map that
shows the cities boundaries.
Mr. van Til stated that he can get maps to show where all
the city's boundaries are and also show the surrounding
city's that are adjacent to our city.
At this time a lengthy discussion followed. After this discussion
the following criteria for the studyaof the Master Plan was
established:
1. Future Expansion of the City.
Comprehensive land use plan. (The State requires a five (5)
to ten (10) year plan with an every three (3) year review.
2. Study area.
3. Primary areas of concern.
4. Time limit.
Member Blake felt that sub-committees from the Commission
would help move the study along faster. If two (2) Members
researched certain area while another two (2) Members researched
another area,then brought their results back to the Commisson,
that this procedure would shorten the length of the study.
The Commission did concur with Member Blake on this suggestion.
Mr. van Til informed the Commission that the Master Plan study
is to determine the overall land use. Basically, what do
you want this land to be zoned to help benifit the City? To take
an overal look at the City and the surrounding area and to zone
any land not zoned,at this time, for a particular use in that
area and also to check into land already zoned and make sure
the zoning is feasible with the area it is in.
Member Brantley raised a question regarding the throughfare
plan and did the City have an overal lay out of this plan?
Mr. van Til informed Member Brantley that "Yes" there is an
overal plan available and that the Commission could look at it
at any time. Mr. van Til did state that the throughfare plan
is the last part of the Master Plan but that the surrounding
areas and proposed roadways need to be considered in the
Commissions zoning phase of the Master Plan.
Discussion followed.
At this time an outline was presented by Mr. van Til to be
used for the July 12, 1988 meeting. This outline is as follows:
1. Furture Annexations.
2. Study ~reas ....
3. Outline Procedure to be followed by P&Z Members during
study of the Master Plan.
4. One-hundred Thirty (130) acre tract, owned by Fox & Jacobs,
on HWY 121 now zoned Single Family changed to Business
Park.
With no further business to discuss Member Doss made a motion
to adjourn the meeting, Member Foster seconded the motion and
it carried with all Members voting aye.
Adjourn 8:40 p.m.
~athy B~, Chairman Judy Shirk, REcording Secretary
CITY OF THE COLONY
DENTON COUNTY, TEXAS
JUNE 22, 1988
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 at 7:30 p.m. on the 28th day of June,
1988, at City Hall, 5151 North Colony Boulevard, The Colony, Texas, at which time
the following items will be discussed:
I. Citizen's Input
2. Review and Recommendation of Alcohol Sales
3. General Discussion
Zoning of the former City of Eastvale (or Garza-Little Elm Estates Addition)
and the Haven Hills Addition
CERTIFICATE
I do hereby certify that a copy of the foregoing notice of meeting was posted
on the front door of City Hall at e.~ldT/?[ on the o~/ day of June, 1988.
Patti Hicks, City Secretary
NOTICE OF CANCELLATION
DUE TO THE LACK OF A QUORUM THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY, DE~TON COUNTY, TEXAS WILL NOT HOLD
THE MEETING SCHEDULED FOR TRE 28th DAY OF JUNE 1988.
Sharon Sebera, Deputy City Secretary
CITY OF THE COLONY
DENTON COUNTY, TEXAS
JULY 6, 1988
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 July, 1988, at City Hall, 5151 North Colony
Boulevard, The Colony, Texas, at which time the following items
will be discussed:
1. Citizen Input.
2. WORK SHOP
Zoning of the former City of Eastvale (or Garza-Little Elm
Addition) and the Haven Hill Addition.
CERTIFICATION
I do hereby certify that a copy of the above notice of meeting
was placed on the front door of City HaL prior to 5:00 p.m.
on the 7th day of July, 1988.
Sharon Sebera, Deputy City Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON JULY 12, 1988
A REGULAR SESSION of the Planning & Zoning Commission of the City
of The Colony, Denton County, Texas was called to Order by
Chairperson Bock at 7:30 p.m. at City Hall with qhe following
Members in attendance: -
CATHY BOCK CHAIRPERSON
ROBERT DOSS MEMBER
EARL BRANTLEY MEMBER
AGNES FOSTER MEMBER
BILL OWENS MEMBER
ROY MARIN MEMBER
CHERYL BLAKE MEMBER (late arriving)
However, with Member Blake late arriving a quorum was established.
Also in attendnace was Bob van Til, Administrative Staff Planner;
Judy Shirk, Recording Secretary; Councilman Dick Weaver.
1. CITIZEN INPUT.
None at this time.
2. WORK SHOP
ZONING OF THE FORMER CITY OF EASTVALE (OR GARZA-LITTLE ELM
ADDITION AND HAVEN HILL ADDITION).
Mr. van Til, introduced Mr. Lee Lawrence of Government
Services aGency, Inc. (GSA) to the Commission Members. Mr.
Lawrence did a study for the former City of Eastvale on it's
zoning. At the time that Mr. Lawrence started the zoning
the City of The Colony began it's merger of the City of
Eastvale into it's corporated city limits, so Mr. Lawrence
did his study based on the merger and incorporated his
ideas with the City of The Colony's standing Ordinance on
zoning.
Mr. Lawrence recommended that the present zoning of Eastvale
be kept relative to the zoning of the City of The Colony.
Mr. Lawrence used three (3) basic reasons for his recommen-
dations on the zoning for Eastvale:
1. Use good solid principles. Shuch as, the land along
F.M. 423 is of value to the City of The Colony and to
protect the residential areas.
2. Recognize the areas already developed and place zoning
that will not disrupt these areas.
3. Keep areas already zoned relative to the zoning
commitments set up in Eastvale and that will comply
with the City of The Colony zonig.
At this time Mr. Lawrence went over his zoning recemmendations
with the Commission.
PLANNED DEVELOPMENT UNIT I.
This unit includes blocks 12,14,15, & 16 of Garza-Little
Elm Subdivision. Mr. Lawrence recommends that Townhouses
be incorporated into this area. This area is Single Family
at the present %hime with a minimum lot size of 7000 square
feet. Front set-back twenty (20) feet, Back yard set-back
10% of depth of lot, side yard set-back 10% of the width of
the lot.
Mr. Lawrence recommended that 1800 square feet minimum lot
size for Townhouses retaining the twenty (20) feet set-back
for the front and the 10% lot size for the back with no
restrictions on sides.
Chairperson Bock asked about the Mobile Home Court. There
is no zoning for this type of use in The Colony Ordinance.
Should this zoning remain as is?
Mr. van Til stated that if the zoning does not remain the
same it will create a hardship for the owners of these lots.
691 (2)
Mr. Lawrence stated that this is an isolated area with
only one way in and one way out. It is not visable from
the reside%nial areas at all.
Member Bran%ley thought tha~ at one time there was talk of
putting another entrance form The Colony into this area.
Mr. Lawrence said tha~ the throughfare plan showed a
street from The Colony coming into Eastvale and joining up
with West Lake Highlands but that it is not designated to
come through the Mobile Home Court.
Discussion followed.
Mr. Lawrence showed the Commission Members the Flood
Plan area that almost circles the perimeter of the Eastvale
area.
Member Brantley asked about the 7000 square foot lots that
are within the Flood Plan. That almost half of this land
is not usable.
Member Bock thought that non-usable land cannot be zoned.
Mr. Lawrence stated that this does not matter. That the
amount of square footage in a lot, usable or non-usable, is
still platted as part of the property. This property is
platted as a whole. Flodd Plan areas can increase or decrease
depending on the studies that are done periodically regarding
Flood Plans.
The Commission asked how the Flood Plan Area can be delt with?
Mr. Lawrence answered this by telling the Commission that
Flood Plan areas can be deli with according to Ordinance.
You can have stipulations regarding building in these areas
or you can denie building in these areas. Homes can be
built in Flood Plan areas bury there are certain restrictions
that can be set up, Such as, the guilding floor is one (1)
f'oot above the flood area.
Mr. van Til informed the Commission that 2/3 of the F1Qod
Plan area is already developed.
Discussion followed.
Member Brantley asked about the forty (40) foot lot
width. Mr. Brantley felt that this will create an awful
lot of two (2) story homes in the Unit I area. Member
Brantley felt that these tow (2) story homes would block
the view of the lake.
Mr. Lawrence informed the Commission that most residents
own two (2) lots and build across the lot line.
Member Brantley asked if they do build across the lot line
do they replat the property?
Mr. Lawrence stated that very seldom do they replat, that
this is a very costly undertaking and that the residents,
since they own both lots, just leave the lot lines in place.
Member Brantley asked,if there were any lot widths less
then forty (40) feet, what criteria would the residents
have to follow in order to build on this piece of property?
Mr. Lawrence stated that the resident would have to ask for
a varience or they may have to purchase two (2) lots. The
Commission will need to use judgement calls on an individual
basis.
Discussion followed.
At this time Member Brantley stated that he is not for any
Townhouses in the area.
(3)
Member Doss concurred wtih Member Brantley on this and
would like to see them removed from the zoning.
Mr. Lawrence asked that the Commission not lock itself into
strict zoning requirments at this time and stay flexible
just incase they change their minds regarding Townhouses
in the furture.
At this ~ime Mr. Lawrence went on to the next zoning unit.
PLANNED DEVELOPEMNT UNIT II.
Member Blake arrived at this time 8:15 p.m.
This zoning consist of blocks 5,6,7,8,9,10, 11 & 12 of
Garza-Lit~le Elm Estates Subdivision, excluding block 5,
lots 7,8,9,10,11 & 12; Block 6, lots 8-22 and Block 7, lots
1-4.
Blocks 8,9,10, 11 & 12 are zoned Single Family the other
blocks have different suggested zoning.
Member Brantley asked if the fifty (50) foot lot width can
accomadate a 1500 squre foot home?
Mr. van Til anwered that it can accomada~e this size home
adequately.
Member Brantley asked what the side yard set-back is in this
area? '
Chairperson Bock stated that it is 10% of the lot width.
Discussion followed.
Mr. Lawrence stated that the F.M. 423 frotnage area in
this unit is now zoned for Light Commercial. Mr. Lawrence
suggested that this area be changed to Genral Retail. The
uses now in this area will comply with the Genral Retail
Classification. Mr. Lawrence stated that Elm street which
runs behind the F.M. 423 area is now residential. Mr.
Lawrence suggesed that the west side of Elm Street be
pulled into the General REtail Classification and %hat the
east side of Elm Street be zoned Light Commercial.
The residents that now live in this area will have a non-
conforming use. If they sale thir property it would
revert to the General.REtail Classification and will be
subject to the General rEtail usage at that time. The
same will apply to the east side of Elm Street with its'
Light Commercial Classification.
A partial section of Elm Street on the west and east sides
zone Heavy Commercial. This area is to the North end of
Elm Street.
The south west corner of Lake Highland and F.M. 423 zone
Neighborhood Service.
The north west corner of West Lake Highland and F.M. 423
zone General rEtail because of its proximity to an area
that is zoned Light Commercial. This Light Commercial area
ia located on both sides of F.M. 423 between Lake Highland
and Oak Street.
Above Oak Street, both sides of F.M. 423 zone ~eighborhood
Service.
The last piece of property in the far south east corner of
Eastvale zone Industrial as this piece of property is
not much goo~ for anything else.
At this time Chairperson Bock asked if there were any questions
regarding Mr. Lawrence proposed zoning.
Member Doss asked if the Commission agrees to these planned
Development areas will any restrictions the Commission sets
up be stipulated?
Mr. van Til stated that Yes they will be a part of the amending
Ordinance.
Mr. van Til stated that all Planned Developments are suppose
to be set up in an Ordinance.
Mr. Lawrence stated that all Planned Developments need guidlines
for the property set up in an Ordinance. This enables developers
to have direction to follow when they develope an area.
Member Brantley asked if there was enough existing R.O.W to
expand F.M. 423 to a four lane?
Mr. van Til informed the Commission that there in one-hundred
twenty (120) fet along F.M. 423 between Witt Drive and the south
west corner of F.M. 423 and Lake Highlands drive, beyond this
point up to Oak street there is ninety (90) feet.
Member Bratnley said that Ninety (90) feet will be adequate for
a four lane undivided street with curbing.
The rest of %he residential areas have substantial R.O.W for
widening the streets within the City.
Member Owens expressed his conern at this time. Mr. Owens
would like to see the city restrict the development in the area
until the sewer system is put in. Mr. Owens feels that the septic
tank situation is not adequate to continue building in the
Eastvale area.
Mr. Lawrence also felt that the septic tank situation needs to
be resolved but not to let this interfer with setting up the
zoning for this area at ~his time.
Discussion Followed.
Member Brantley asked what could be done~with~the.~Mobile Hom~!~
subdivision?
Mr. Lawrence said that it could be zoned Single Family and if
people moved their Moble Homes that another one could not be
placed back on the property.
Chairperson Bock stated that if the city is to have a Mobile
Home zoning that she would like to see it remain where i% is
because it is away form the rest of the City and is not visable.
Member Doss asked how many lots were less than 6000 square feet?
Mr. van Til informed the Commission that thirty-nine (39) lots
are less than 6000 squre feet and that a varience to build
on these lots would have to be issued. More than likely, in I
order to build on a less than 6000 square feet lo~ ~he builder
will have to purchase more than one (1) lot. At the time they
purchase more than one (1) lot they will have to have the lot
replated.
At this time Member Brantley stated some changes that he would
like to see in the proposed zoning.
1. Unit I remove the Townhouses from this area.
2. Instead of 10% of the set-back side yard would like
to see 15%. The lots in this area are not wide enough
for a 10% set-back, this mak~e only eight feet side yard
instead of the minimum of ten (10)'feet required by
the City of The ~olony.
Discussion followed.
(5)
At this time Chairperson Bock asked if there were any further
questions from the Commission regarding this zoning proposal?
As there were none Chairperson Bock went over the changes that
the Commission would like to see. They are as follows¢
1. Planned Development Unit I.
a. Remove Townhouse zoning from this area.
b. Change 10% set-back side yard to 15% set-back
side yard.
c. Remove minimum floor area/dwelling of 1100 square
feet from proposal.
2. Planned Development Unit II
No changes.
Member Doss if the Flood Plan area would be designated in the
Ordinance. -
Mr. van Til stated that it would not.
Member Doss asked what the City's liability will be if they do
not disignate the Flood Plan area and some one builds there home
in this area and it is damaged or destroyed by flood?
Discussion followed.
Mr. Lawrence suggested that the Commission seek a Legal Opion
on the Flood Plan situation.
Chairperson Bock asked Mr. van Til to check with the City
Attorney on this matter and bring the answer back to the Commission
at the next session.
Mr. Lawrence informed the Commission that he will get the
revised notes together along with an informal map for them to
look at at the next session regarding this zoning. Mr. Lawrence
said that he will get this information to the Commisison prior to
the August 9 th ,1988 Public Hearing.
With no further discussion regarding this item Chairperson Bock
asked Member Doss and Council Liaison Weaver to inform the
Commisson on the City Council meeting that was held on July 11,
1988 regarding the Public Hearing on the Day-Care-Center and
the Pawn Shop.
Member Doss stated that the City Council had the same complaints
regarding the Day-Care-Center as did the Commission during
their PUblic Hearing.
Councilman Weaver informed the Commission that the City Council
is going to visit the site of the proposed Day-Care-Center and
check into the citizens complaints regarding its proximity to
their residents. The City Council is also going to check into
the litigation regarding the piece of property where the
pawn shop is to be located. These items were tabled by the
Council for two (2) weeks. '
With no further business to attend to Member Blake made a motion
to adjourn the meeting. Member Owens seconded the motion and the
motion carried with the all Members voting aye.
Meeting adjourned at 10:00 p.m.
C~chairperson
Judy Shirk, Recording Secretary
695
CITY OF THE COLONY
DENTON COUNTY, TEXAS
JULY 21, 1988
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 July, 1988, at 7:30 p.m. at City Hall, 5151
North Colony Blvd., at which time the following items will be
discussed:
1. Approval of the minutes of the June 13, 1988 Joint Work
Session, the minutes of the June 14, 1988 Regular Session,
the minutes of the June 23, 1988 Work Session and the
minutes of the July 12, 1988 Regular Session.
2. Citizen Input.
3. PUBLIC HEARING as required by the City of The Colony, Texas
to establish regulations pertaining specifically to the
sale of alcohol within the City of The Colony, Texas.
4. Review and recommendation regarding regulations pertaining
to the sale of alcohol in the City of The Colony, Texas.
5. WORK SESSION: Comprehensive Plan.
a. Procedure
b. Time Schedule
c. Identify Study Areas.
6. Update on Eastvale Zoning.
7. General Discussion:
a. Pending Items.
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 21st
day of July, 1988. '
Patti Hicks, City Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON JULY 26, 1988
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 Chairperson Bock at City Hail with the following
Members in attendance:
CATHY BOCK CHAIRPERSON
AGNES FOSTER VICE-CHAIRPERSON
CHERYL BLAKE MEMBER
ROBERT DOSS MEMBER
EARL BRANTLEY MEMBER (Absent due to business)
BILL OWENS MEMBER (Absent)
ROY MARIN MEMBER (Absent)
However, with four Members present a quorum was established. Also
in attendance were Bob van Til, Administrative Staff Planner;
Dick Weaver, Council Liaison; Judy Shirk, Recording Secretary.
1. APPROVAL OF THE MINUTES OF THE JUNE 13, 1988 JOINT WORK
SESSION, JUNE 14, 1988 REGULAR SESSION, JUNE 23, 1988
WORK SESSION, JULY 12, 1988 REGULAR SESSION.
JUNE 13, 1988 JOINT WORK SESSION:
Member Foster moved to approve the minutes of the June 13,
1988 Joint Work Session. Seconded by Member Blake the
motion carried with all Members votinq aye.
JUNE 14, 1988 REGULAR SESSION:
Member Doss moved to approve theminutes of the June 14,
1988 meeting. Member Blake seconded and the motion carried
with ali Members voting aye.
JUNE 23, 1988 WORK SESSION:
Member Foster moved to approve the minutes of the June 23,
1988 meeting. Member Doss seconded and the motion carried
with all Members voting aye.
JULY 12, 1988 REGULAR SESSION:
Member Blake moved to approve the minutes of the July 12,
1988 meeting with the following correction that "Flood Plan"
be corrected to read "Flood Plain". Member Foster seconded
and the motion carried with all Members voting aye.
2. CITIZEN INPUT.
None at this time.
3. PUBLIC HEARING AS REQUIRED BY THE CITY OF THE COLONY, TEXAS
TO ESTABLISH REGULATIONS PERTAINING SPECIFICALLY TO THE
SALE OF ALCOHOL IN THE CITY OF THE COLONY, TEXAS~
Chairperson Bock asked for a motion to open the Public
Hearing. Member Doss so moved and Member Foster seconded.
The motion carried with ali Members voting aye.
Chairperson Bock asked that Mr. van TiI refresh the Commission
on the points that were discussed by City Council and the
Commission regarding this i~em.
Mr. van Tii outlined the points for the Commission:
1. That no free-standing liquor store be within 1000 feet
of another liquor store.
2. Only one liquor store per shopping center, strip center
or Mall.
3. Restaurants, bars and clubs be allowed to operate in
any appropriately zoned area in the City.
4. Resturants will have a 60/40 ratio.
5. 500 feet distance from day care centers, churchs, schools
(private or public) residential areas. That measurments
are taken from building line to building line.
6. Owners of restaurants will submit quarterly reports of
their sales receipts for review by Council.
7. The Specific Use Permit be retained Rnd stricter
regulations be imposed to obtain permit.
8. That bars and clubs with nightly entertainment not be
allowed to operate within 1000 feet of a church, school
(private or public) residential area or day care facility.
¢,, ~.~' '~ ( 2 )
Member Doss asked if the 500 feet restriction is relevent
to both liquor and other establishments?
Mr. van Til stated that "Yes" it is reIevent the reason
for the restriction is to sepera%e both entities.
Member Doss raised concern on the distance from the
residential areas. He feels that this is to restrictive
and may, in the furture, create problems for liquor
stores now in existance.
Chairperson Bock concurred with Member Doss on this
point. 500 feet froR~ a residential area will be to
restrictive and may be a problem for furture development
in the City.
At this time Chairperson Bock asked if there were any quest-
ions from the audience?
Mr. Steve Withers
4905 Wheeler
The Colony, TExas
Mr. Withers had a question in regards to the 500 feet
restriction also being in affect for churchs. Mr. Wi~hers
feels that this is descrimintory because of %he speration
of church and state. A church should be able %o build
where it likes, as long as the zoning is comparable, weather
it is within 500 feet of a liquor store or not.
Mr. Steve Stoite
Fox & Jacobs
Mr. S%olte raised concern regarding the developer and
problems that will occur regarding the 500 fee~ from a
residential area. This restriction will greatly restric~
the developemnt of the land properly.
Chairperson Bock stated that Mr. Stol%e should research
this and present i% %o the City Council a%their PUblic
Hearing. That possiblY Mr. stolte could take an area
draw circles representing the 500 feet restrictions and
show %he Council the problems that will occur. The
Commission is not in favor of the 500 fee% from residential
themselves.
Member Blake felt that the 500 fee% distance from liquor
store and churches, if the churchs are not also restricted
%0 the 500 feet,could put a constraint on trade %hat could
result in legalities. This also includes day care facilities.
Discussion followed.
After discussion Chairperson Bock asked if %here were any
more questions from the audience? AS there were none
Chairperson Bock asked for a motion to close the Public
Hearing.
Member Doss moved to close the Public Hearing. Member Blake
seconded. The motion carried with the ali vo~ing aye.
4. REVIEW AND RECOMMENDATION REGARDING REGULATIONS PERTAINING
TO T~E SALE OF ALCOHOL IN THE CITY OF THE COLONY, TEXAS.
Chairperson Bock recommended tha~ %his item be tabled
un~il the 9th of Augus~ meeting so that a clarification
regarding ~he 500 fee% distance could be looked into.
The Commission needs %o know if this Ordinance will be
relevent ~o churchs, day care. facilities, schools as well
as liquor s~ores.
Member Foster made a motion to table i~em ~4 un%il
August 9~h meeting. Member Blake seconded and the motion
carried with all voting aye.
5. WORK SESSION: COMPREHENSIVE PLAN.
a. Precedure
b. Time Schedule
c. Identify Study Areas
Mr. van Til stated that there has been some changes in the schedule
that he presented to them in their packets and that he will supply them
with a revised schedule.
Chairperson Bock asked Mr. van Til what the status is on the re-zoning
of the Fox & Jacobs tract on HWY 121 £rom S.F. ~o B.P.
Does Council want it done right away or do they want to wait?
Mr. van Til stated that the Council is not ready at this time but that
he will check on it.
Chairperson Bock stated that she would like to meet with the L.I.S.D.
when Mr. van Til sets up this meeting. Chairperson Bock stated that
she would like a Commission Member present at each meeting with each
entity involved in the Master Plan.
Discussion Followed.
During the discussion the following points were brought out.
1. Fox & Jacobs land located in Lewisville. Will this area be part of
the study area?
Mr. Terry Millican, City consulting Engineer stated that this area is
in the Lewisville Flood PLain and for Lewisville to service this area
with utilites they would have to come three (3) miles across this Flood
Plain. The City of The Colony could service it with gravity lines.
Mr. Millican recommends that a study for service of utilites in all
City limit areas and also outlaying areas be included in the Master Plan.
Member Blake wondered if Hebron would be considered in the Study?
Mr. van Til informed the Commission that Hebron is not considered and
there hasn't been any talk of annexation.
Chairperson Bock felt that if this changed that the Master Plan has
to be updated every three (3) years and that it can implement Hebron
at this time.
A tentative meeting with Park & Rec. Board is set up for the 10th of
August. Councilman Glazener would like to see a jogging and bike
trail and that the Commission will discuss this with Park & Rec. at this
meeting.
After further discussion Chairperson Bock asked that they move on to
the next item of business.
6. UPDATE ON EASTVALE ZONING.
Mr. van Til informed the Commission that Mr. Mike Russell of the
Inspections Department is doing a study on the Septic System and
will have the information available for their packets on the 9th of
August.
The Commission was informed that the City is not liable for anyone
building in the Flood Plain areas. That anyone building in these areas
are subject to the criteria set up by the building inspections and that
they will get this criteria at the time they apply for a building permit.
Lengthy discussion regardingi building in the Flood Plain area followed.
During discussion Member Blake informed the Commission that if Flood
Plain areas are designated in an Ordinance that this area cannot be
residential.
Member Doss stated that this can be changed through a varience by the
City Council.
Chairperson Bock did concur with Member Doss on this point, but did
feel that this is another step in the zoning process that can be
alleviated. Staff is capable of handling this and that staff will insure
that all criteria will be followed.
(4)
Discussion followed.
At this time Chairperson Bock asked that the Commission move on to item 7.
7. GENERAL DISCUSSION:
a. Pending Items
Chairperson Bock informed the Commission that she asked that this
item be added to the agenda.
She informed the Commission that Mr. van Til is compiling a packet
that will have all the information regarding the pending items. When
pending items are on the agenda for review the Commission will
need to make sure that they bring their packet with them.
Chairperson Bock would like to seperate into committees to pursue these
items. The committees will compile all the information and bring it
back to the Commission for discussion and review.
Chairperson Bock stated that she will take the pending item regarding
the time limit on re-zoning cases. She asked if Member Blake would
like to work with her on this? Member Blake said she would.
With no further business Chairperson Bock asked that the meeting be
adjourned.
Member Doss so moved. Member Foster seconded and the motion carried
with all MEmbers voting aye..
Adjourned 9:55 p.m.
'Cathy Bo~, Chairperson
Judy Shirk, Recording Secretary
700
CITY OF THE COLONY
DENTON COUNTY, TEXAS
AUGUST 4, 1988
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 9th day of August, 1988, at 7:30 p.m. at City Hall,
5151 North Colony Blvd., at which time the following items will
be discussed:
1. Minutes
2. Citizens Input
3. Review and Consideration of Regulations pertaining to the
sale of alcoholic beverages in the City of The Colony.
4. PUBLIC HEARING as requested by the City of The Colony to
amend the zoning of Garza-Little Elm Estates Addition and
Haven Hills Addition. (former City of Eastvale).
5. Review and REcommendation of the amended zoning of Garza-
Little Elm Estates Addition and the Haven Hills Addition
(former City of Eastvale) as regarded by the City of The
Colony, TExas.
6. General Business:
a. Pending Items
b. Report from Commissioners Foster and Blake on the City
Council meetings of July 25 and August 1, 1988.
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 4th
day of August, 1988. '
Patti Hicks, City Secre_tary
?01
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON AUGUST 9, 1988
A REGULAR SESSION of the Planning & Zoning Commission of the City
of The Colony, Denton County, Texas was called to Order by
Chairperson Bock at 7:30 p.m. at City Hall with the following
Members in attendance:
CATHY BOCK CHAIRPERSON
AGNES FOSTER VICE-CHAIRPERSON (Absent)
CHERYL BLAKE MEMBER
ROBERT DOSS MEMBER
ROY MARIN MEMBER
BILL OWENS MEMBER
EARL BRANTLEY MEMBER (Absent due to business)
However, with Members Foster and Brantley absent a quroum was
established. Also in attendance were Bob van Til, Administrative
Staff Planner; Dick Weaver, Council Liaison; Judy Shirk,
Recording Secretary.
1. APPROVAL OF THE MINUTES OF THE JULY 26, 1988 MEETING.
Member Doss made a motion to approve the minutes of the
July 26, 1988 minutes as written. Member Blake seconded
and the motion carried with the following roll call vote:
Ayes Blake, Doss and Bock
Abstain Matin and Owens
2. CITIZEN INPUT
None at this time.
3. REVIEW AND CONSIDERATION OF REGULATIONS PERTAINING TO THE
SALE OF ALCOHOLIC BEVERAGES IN THE CITY OF THE COLONY.
Chairperson Bock asked that Mr. van Til address the Commission
regarding the question that had been raised at the Public Hearing
regarding"if churchs can, in deed, build within the 500 feet
restrictions for a liquor store?"
Mr. van Til stated that he had been in touch with the State
Alcohol and Beverage Commission and that they informed him
that a church can build within this 500 feet A church can
build next door to a liquor store if they so choose.
Chairperson Bock asked that the Commission set the 500 feet
regulation as nearest corner of building to nearest corner of
building when a motion is made.
Chairperson Bock stated that the Commission had not mentioned
any residential districts as falling into this 500 feet
restriction. She feels that this will crea~ problems for
future developers in setting up Neighborhood Service and
Shopping Center locations. All the Commission Members concurred
with her on this assesment.
Chairperson Bock also felt that the receipts required by the
Restaurants should be hand]ed on the staff level and not
on City Council level. The Commission concurred with her on
this. They felt that this was not a Council function to
be checking on the sales receipts of Businesses within the
City, but that it could fall under the City Manager or another
Department with them reporting their findings to the Council.
At this time Mr, Art Gibson, 5400 Merrell Circle, The Colony asked
to approach the Commission with an answer to the 60/40 ratio
Mr. Gibson informed the Commission that in Richardson the ratio
is based on square footage: Example; 60% of building floor space
is Restaurant and 40% building floor space is bar.
After Discussion regarding this matter the Commission concurred
that the 60/40 sa]es receipts be amended to read 60/40 square
footage of building space.
Mr. Steve Stolte of Fox & Jacobs asked the Commission to
consider changinq the 1000 feet for liquor store to read
"unless devided by a major throughfare"? If not this could
create problems for developers regarding Shopping Center.
Chairperson Bock informed Mr. Stolte that the 1000 feet
applied to free standing liquor stores and not to Shopping
Centers.
Discussion followed.
At this time Chairperson Bock asked for a motion on the alcohol
regulations for the City.
Member Blake made a motion to approve the following regula-
tions pertaining to the sale of alcohol in the City of The
Colony:
1. The square foot ratio of the building for service of
patrons for food and other item sales to alcohol sales
for Restauratns is recommended to be 60% tO 40%.
2. The distance a liquor store must be ~o'm a church, school
or day care is 500 feet to be measured from nearest
corner of building to nearest corner of building. [actual
facility].
3. There should be no more than one liquor store per shopping
center.
4. No free standing liquor store can be within 1000 feet of
another liquor store.
5. Restaurants, bars and private clubs be allowed to operate
in zoned districts where such uses are permit~d. (Providing
that Planning & Zoning review closely the effects of
live/and or loud entertainment on surrounding areas.
6. That the Specific Use Permit requirement be retained
for approval of alcohol sales.
Member Doss seconded the motion and the motion carried with
the following roll call vote:
Ayes All present
Noes None
4. PUBLIC HEARING AS REQUESTED BY THE CITY OF THE COLONY TO
AMEND THE ZONING OF GARZA-LITTLE ELM ESTATES ADDITION AND
HAVEN HILLS ADDITION (FORMER CITY OF EASTVALE) AS REGARDED BY
THE CITY OF THE COLONY, TEXAS.
Chairperson Bock asked for a motion to open the Public
Hearing. Member Doss so moved and Member Blake seconded.
The motion carried with all present voting aye.
Mr. Lee Lawrence of G.S.A. went over the proposed zoning with
residents from the former city of Eastvale present at the
Public Hearing. He explained the zoning and the reason behind
the proposed classifications. Mr. Lawrence informed the
residents the reason for having a Planned Development I and
II is because of the configuaration of the lots within these
areas. That these lots would not conform to the City of The
Colony SF zoning and could not be built on'as they are.
Member Doss again raised his concern regarding the Floodplain
areas and how he feels that they should be designated to safe-
guard potential builders in these areas.
Chairperson Bock asked that they refer to the memo in the
packet regarding these areas. They are taken care of in
Article II, Administration and Enforcement,in The Colony Code
Book.
703
Member Blake stated that they are also taken care of in
Article 10-1100 of the Code Book. This responsiblity falls
within the Staffs area it is up to them to handle this and
not the Planning & Zonings responsibility.
Member Doss asked if there wa~ any Ordinance pertaining to the
Floodplains at this time.
Mr. van Til informed him that there was nog That the F]oo~-
plain area is subject to Insurance rates, Fema criteria,
Inspections and also the Mortgage Companies. All of these
entities will protect their interest as well as the property
owners.
After some discussion, Chairperson Bock asked that they move
onto the Septic System and the memo from Mr. Mike Russell
of the Inspections Department.
Mr. van Ti/ briefed the Commission in regards to this item.
The Denton County Health Department set up restictions
that only allow one (1) septic system per one (1) acre of
property. This means that only one (1) acre lots can be
* sold in Eastvale from now on. In 1987, The Texas Department
of Health in Austin legislated minimum design parameters
for on-site systems. They also legislated the ability for
local Governments to undertake the responsibility of controlling
all phases of the systems for application and approval. In
order to obtain approval the local Government must submit a
proposal to the State Department of Health that would show the
plans for these systems. The States lot s~ e requirement is
1/2 acre the Counties lot size restriction is more stringent..
Due to the conditions in our geographical location the one (1)
acre lot restriction has proven to be better. At this time ,
after studing the requir,ments of the restrict!ohs set by the
Denton County Health, Mr. Russell feels that there is no reason
to consider deviation frOm these minimum requirements.
The restrictions raised the question by the Commission on
the need to continue the zoning process in this area, beings
that with the one (1) acre requirement no further development
can be done. Most land is owned and platted into lots of
varing size.
Chairperson Bock asked a question for Member Brantley, who was
absent, regarding this item. Can Septic lines be placed in
the Floodplain area or will two acres be needed to do this?
Mr. van Til informed Chairperson Bock that this would be up to
the County and would have to be checked into.
Mr. Lee Lawrence approached the Commission at this time and
asked them to put the proposed zoning inplace with the idea
that eventually there will be a sewer system in this area.
The zoning needs to be implemented at this time for future
development.
Member Owens stated that he feels them is nothing that can be
done to improve this area at this time.
Member Marin stated that the septic system is irrelevent. The
restrictions are there now and will be after the zoning until
the sewer system is in place. The area does need to be zoned
for the future.
With no further questions from the Commission Chairperson Bock
asked if there were any comments from the audience?
Mr. Gibson came forward with some ideas regarding this item.
Mr. Gibson felt that the Mobile Home Court should be re-zoned
to provide an area for developers to buy and place larger
homes on acre lots over looking the lake.
Chairperson Bock stated that the Commission does not want to
put a burden on property owners in this area by zoning them
into a non-usable use. She also felt that if a developer were
interested in this area that they would offer the home owners
a good price for their property and then could come before
the Commission for a change of zoning.
Mr. Gibson stated that the proposed Industrial area is not
located in an area condusive to the potential
building of homes in the Frisco City Limits that abutts this
property.
Chairperson Bock informed Mr. Gibson that the Commission is
in the process of setting up the Master Plan for the City.
During this process the Commission will be looking at the
surrounding areas and what is proposed for these areas
A~t that time there may be some changing in zoning di~ricts
due to the land use by other cities.
With no further questions from the audience Chairperson Bock
asked for a motion to close the Public Hearing. Member Doss
so moved and Member Blake seconded. The motion carried with
all members present voting aye.
At this time Chairperson Bock asked for a recess. Time 8:55 p.m.
Chairperson Bock called the meeting back to Order at 9:05 p.m.
Chairperson Bock called for a motion on this item. She stated
that not all of Eastvales problems can be solved at this time but
that the zoning must be put in place and the city can go from
there to began to solve the problems.
Member Doss asked "why not just zone straight SF zoning?
Mr. van Til informed Member Doss that the lots that are there now
would not conform to a straight SF zoning and could not be developed.
These lots do not conform to the SF size requirement.
The zoning proposal is set up to accomadate the existing lots
as they are. If SF zoning put in, the remaining lots that are not
developed could not be developed,they do not fall into the SF
criteria.
Member Doss asked how many lots were vacant at this time?
Mr. van Til felt that about 1/2 of the lots were vacant.
After further discussion Member Blake made a motion to recommend
approval of the proposed zoning for the Garza-Litt]e Elm Estates
Additon and the Haven Hills Addition (former City of eastvale)
with Planned Development I and II and other zoning as presented
by Mr. Lee Lawrence of Government Services Inc. (G.S.A.~ Member
Matin seconded and the motion carried with the following roll call
vote:
AYES ALL PRESENT
NOES NONE
6. GENERAL BUSINESS:
a. Pending Items
b. Report from Commissioners Foster and Blake on the City
Council meetings of July 25 and August 1, 1988.
Cahirperson Bock asked that this item be tabled until the
next regular session Of the Commisson.
Council Weaver came forward and informed the Commission that
the City Council did want them to go ahead with the re-zoning
of the Fox & Jacobs tract located on HWY 121. The zoning to
be changed from SF to BP.
Mr. van Til informed the Commission that Senat Bill #336
states that the Commission must have a advisory Committee<
consisting of Developers or persons involved in property.
The Commission informed Mr. van Til that Mr. Tom Cravens
and Vivian Bedell may be interested in being on this committee.
703
Mr. Cravens and Ms. Bedell live in The Colony. Mr. Cravens
is a land developer and Ms. Bedell is the owner of Classic
Realtors.
Member Blake reported to the Commission that Mr. Siemens
came back before the City Council regarding the Pawn Shop.
That Mr. Siemens stated that he would not deal in hand guns
and would not advertise the business as a Pawn Shop.
Councilman Weaver. lmade a motion to approve the business but
it~died due to the lack of a second. It was mentioned during
the Council meeting that this business had been recommended
for approval by the Planning & Zoning Commission.
With no further business to address Member Doss made a motion to
adjourn. Member Blake seconded the Motion and it carried with all
Members present voting aye.
Adjourn 10:05
Cathy B~ck, Chairperson Judy Shirk, REcording Secretary
This should state "be built on in Eastvale from now on"
CITY OF THE COLONY
DENTON COUNTY, TEXAS
AUGUST 18, 1988
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 23rd day of August, 1988, at 7:30 p.m., at City Hall, 5151
North Colony Blvd., at which time t~he following items will be
discussed:
1. Minutes of the August 9th, 1988 meeting.
2. Citizen Input.
3. Review and discussion of the Land Use Assumptions.
4. Report on advisory committee.
I do hereby certify that the above notice of meeting was placed on
the front door of City Ha]] prior to 5:00 p.m. on the 18th day
of August, 1988.
Patti Hicks, City Secretary
707
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON AUGUST 23, 1988
A REGULAR SESSION of the Planning & Zoning Commission of the City
of The Colony, Denton County, Texas w~s ca/led to Order by Vice-
Chairperson Agnes Foster at 7:30 p.m. at City Hall with the
following Members in attendance:
CATHY BOCK CHAIRPERSON (late due to business)
AGNES FOSTER VICE-CHAIRPERSON
BOB DOSS MEMBER
EARL BRANTLEY MEMBER
BILL OWENS MEMBER
ROY MARIN MEMBER
CHERYL BLAKE MEMBER (absent due to being out
of the city)
However, a quorum was established. Also in attendance were Bill
Hall, City Manager; Tommy Turner, Public Works Director; Judy
Shirk, REcording Secretary.
1. MINUTES OF THE AUGUST 9, 1988 MEETING.
Vice-Chairperson Foster asked for a motion to approve the
minutes of the August 9, 1988 meeting. Member Brant]ey,
although not present at the 9th meeting, brought to the
Commissions attention a correction in these minutes. That the
sentence stated in paragraph 5, page 3 be corrected to read
"that only one (1) acre sites can be developed from now on in
the old Eastvale area." Member Brant]ey asked Mr. van Til "if
this is what he really meant in this statement?" Mr. van Ti]
concurred with Member Brant]ey. At this time Member Doss made
a motion to approve the minutes of the August 9, 1988 meeting
with the correction. Member Owens seconded and the motion
carried with Members Doss; Owens and Matin voting aye and
Member Foster and Brantley abstaining due to not being in
attendnace at the 9th meeting.
2. CITIZEN INPUT.
NOne at this time.
3. REVIEW AND DISCUSSION OF THE LAND USE ASSUMPTIONS.
Mr. van Til informed the Commission of their part in this
project. The Commission will give their views and opinions
to the City Council. The Land Use Assumptions are being set
up to comply with Senate Bill 336. The State of TExas wants
an overall look at the City and its' land use projections for
1998. These land use assumptions are not necessarily what the
]and will actually be zoned, but are based on projections from
the first ten (10) years of development trends that have
occurred in The Colony. The zoning trends in The Colony have
been in Shopping Center and General REtail. There is
approximately 12½ square mils of land that can be set up for
Land Use Assumptions. These areas have to set up for the
next ten (10) years, but can be revised every three (3) years.
The land use shown on the zoning map as assumptions only. The
Land Use Assumptions have been established within existing
zoned areas and changed to a particular use that will be needed
in furture development. There is approximately one-hundred
eighty seven (.187) acres of re-zoning that needs to be placed
within the presently zoned areas. This re-zoning is Business,
Shopping Center and Genera] Retail.
Vice-Chairperson Foster asked Mr. van Til if he had discussed
any of this zoning with the present ]and owners and what
direction does the City Council want the Commission to take?
Mr. van Ti] stated that he has not talked to the land
owners as it is not pertinent to get their input at this time.
These are only Land Use Assumptions. The City Council gave
direction to do the Land Use Assumptions and to set up the
necessary classifications for future land use.
Vice-Chairperson Foster asked if there were any schools
proposed in this land use as she could not see any shown
on the map?
Mr. van Til informed the Commission that he met with L.I.S.D.
and they do not have any proposed schools for The Colony
within the next ten (10) years, however, Fox & Jacobs has set
aside an. area in North Pointe Addition for a school.
Mr. van Til feels that the Planned Development areas he has
proposed on land already zoned is more flexible and can be
developed to comply with the surrounding land uses. This --
zoning can also accomadate schools.
Member Doss asked the difference between office and Business
Park zoning?
Member Doss was informed that Office only allows two (2)
story buildings and Business Park can accomadate High Rises.
Office areas can be zoned contingent to'Residential areas.
Senate Bill 336 is to forsee what may happen in the future
regarding Wastewater, Throughfare and Zoning. The State
requires that we make provisions regarding these at this time.
Land Use Assumptions are not a committment, just an overall
look for the future.
At this time Chairperson Bock arrived. 8:05 p.m. A general
discussion followed brining her up to date on the discussion that
had occurred prior to her arrival.
After Discussion Mr. Bill Hall, City Manager presented the Waste-
water and Throughfare proposals for the City for the next ten (10)
years.
Senate Bill 336 is a packet that must be prepared that contains __
the Land Use Assumptions, Wastewater and Throughfare Plans for
the City. Mr. Terry Millican, Consulting Engineer was
asked to do a lay out of wastewater lines for the Wynnwood
Peninsula. When Senate Bill 336 was inacted the City
asked Mr. Millican to project the wastewater system for the
entire city limits of The Colony. Mr. Millican designed the
system for the year 2010. Proposed lines were designed to
provide access to land outside of the City limits. The City may
contract with the Trinity River Authority some time in the future.
The Wastewater Plan as designed by Terry Millican and adopted
by the City Council has been put on hold until the Throughfare
Plan has been implemented.
Discussion followed.
After discussion Mr. Hall went on to cover the Throughfare
Plans. The widening of State HWY 121 was set for May of 1989
but the State has set this back until the year 1990 along with
the Lewisville bypass.
Josey Lane will extend to F.M. 423. Five Million dollars has
been allocated by the Sate for this project from the 1988 to
1992 funding cycle.
Carrollton Parkway will tie into State HWY 121 through the
Bil]ingsley property. It will be an east, west four (4) lane
with the capibility of becoming a six (6) lane.
Spring Creek Parkway will tie into Preston Road and will be --
four (4) lane to be extended to a six (6) lane.
North Colony Blvd. will tie into State HWY 121 or Legacy Drive.
North Colony will only be four (4) lanes and cannot be tied
into a possible six lane roadway.
Lengthy discussion followed.
With no further questions or discussion regarding this item
the Commission proceeded to Item #4.
4. REPORT ON ADVISOR COMMITTEE.
Mr. van Til again took the floor regarding this item. He
stated that there are three (3) ways to handle the advisory
committee.
1. The Advisory Committee can be totally seperate from
(3)
the'Commission. With the Commission not being involved
with the Land Use Assumptions at all.
2. The Commission can be the Advisory Commmittee as long as
a Member of the Commission is in Land DevelopmentfReal Estate.
3. The Commission can be on the Advisory Committee and have
a person involved with Land Development or Real Estate
set in on the meetings.
The City Council can appoint a person to this position. Mr. van
Til recommended Ms. Vivian Bede]l to this position as she is
an owner of a Real Estate Office and has day to day dealings
with the real estate in The COlony.
The Commission has no voting power it is only an advisory
group. There does not need to be an Agenda posted for these
meetings or minutes do not have to be taken.
The Land Use Assmptions packet is basically the Master Plan.
Discussion followed.
After discussion Chairperson Bock stated that there will be a
report regarding the Re-zoning fees at the next meeting to be held
on the 6th of September, 1988.
With no further business Chairperson Bock asked for a mtoion to adjourn.
Member Brantley so moved. Member Foster seconded and the motion
carried with all Members voting aye.
ADjourned 9:30 p.m.
710
CITY OF THE COLONY
DENTON COUNTY, TEXAS
AUGUST 25, 1988
TO ALL INTERESTED PARTIES:
Notice is hereby given of a JOINT WORK SESSION with the Planning
& Zoning Commission and the Park & Recreation Board of the City
of The Colony, Texas to be held on the 30th day of August, 1988
at 7:30 p.m., at City Hall, 5151 North Colony Blvd., at which
time the following item will be discussed:
1. Genera] discussion regarding future park land use.
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 25th day
of August, 1988.
Patti Hicks, City Secretary
711
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON AUGUST 30, 1988
A JOINT WORK SESSION of the Planning & zoning Commission of the
City of The Colony, Denton County, Texas was called to Order at
7:35 p.m. at City Hall, 5151 North Colony Blvd. with the following
Members in attendance:
PLANNING & ZONING COMMISSION:
CATHY BOCK CHAIRPERSON
AGNES FOSTER VICE-CHAIRPERSONN
BOB DOSS MEMBER
EARL BRA~TLEY MEMBER
ROY MARIN MEMBER
BILL OWENS MEMBER (absent)
CHERYL BLAKE MEMBER (absent)
PARK & RECREATION BOARD:
WAYNE SANDY CHAIRPERSON
JULIA WARREN MEMBER
DAVID MARTIN MEMBER
KATHY PHILLIPS MEMBER
SHERRY SCHUYLER MEMBER
ZANE KENNEDY MEMBER
STEVE FAULKNER MEMBER
with four Planning & zoning Members present and all Park & Recreation
Board Members present a quorum was established in each. Also in
attendance were Council Liaison Dick Weaver; Bob van Til,
Administrative Staff Planner; Tommy Turner, Public Works Director;
Sylvia Brantley, Parks & Recreation Director; .gOdy'Shirk, Recording
Secretary, the following item was discussed:
1. GENERAL DISCUSSION REGARDING FUTURE PARK LAND USE.
Chairperson Bock asked Mr. Bob van Til, to inform the Board
about the Land Use Assumptions and what it entails.
Mr. van Til explained that an Impact Fee Ordinance must be
passed and in order to justify this to the developers a ten (10)
year Land Use Assumption must be prepared. The Land Use Assump-
tions are a proposal of possible use of land available in the
City. At this time input from Park & Rec. as to what they
would project as needed for parks for the next ten (10) years.
Pa~k& Recreation Board Member, Julia Warren asked what time
frame is involved?
Mr. van Ti] stated that if they needed more time that the
meeting could be rescheduled.
Director of Park & Recreation told the Commission that the
Park & Rec. does not have a Master Plan for parks at this
time.
park & Recreation Board Member Schuyler stated that without
knowing what land is available to them the Board does not
have a plan at this time. She (Schuyler) feels that the
Board needs more time to prepare this information.
Mr. Tommy Turner informed the Board that there will be five (5)
to six 6) acres available for parks within the next three (3)
to five (5) years. These areas are behind the Aquatic Park
and off of Augusta.
Commission Member Brantley told the Board that Planning &
Zoning always ask the Developers to provide park area within
their developments.
Commission Member Matin stated that,basically,What the Board
is being .asked is that they show how much land they will
need for parks for the next ten (10) years. These parks can
be designated on ]and available,but will not necessarily be
permently located where shown.
Park & Recreation Board Chairperson Sandy assesed this
information as:projections for this land can be made by taking
land already in use as parks,and projecting same amount of
land for needed use in the next ten (10) years. He (Sandy)
asked when does the Board need to get this information back
to the Commission?.
Commission Chairperson Bock set up a tentative date of
October 1st, 1988.giving the Board thirty (30) days to work on
their projections.
A work session will be set up to go over information and
make LUA at that time. Mr. van Til will need the information
one (1) week prior to the work session. The Board will
be notified of this meeting at a later date.
Board Member Martin asked what the population will be in
ten (10) years and how much land will be residential?
Mr. van Til informed him that the land should be a 40/60%
split. Forty (40) percent residential and sixty {60) per
cent other zoning. The population growth should be around
five (5) percent within the next three (3) to five (5) years.
It is hard to project farther than five (5) years. There is
approximately eleven (11) square miles of available land
to use for the Land Use Assumptions..
Board Member Martin asked how much will be Multi-Family?
Commission Chairperson Bock stated'that the only Multi-Family
area proposed is on the Billingsly property south of State
HWY 121.
Lengthy discussion followed.
During discussion the following points were made for the
Park & Recreation Board to consider in their Land Use
Assumptions.
1. More pocket parks
2. Practice fields
3. Playing fields
4. Amount of land needed
With no further discussion Commission Chairperson Bock asked for
a motion to adjourn the meeting. Commission Member Doss so moved,
Commission Member Foster seconded and the motion passed with. all
Members of the Commission and the Park & Recreation Board voting
aye.
Adjourned 8:00 p.m.
/~'athy ,~k, Chairp_~rson ~uSy Shirk< Recording Secretary
{"713
CITY OF THE COLONY
DENTON COUNTY, TEXAS
AUGUST 31, 1988
TO ALL INTERESTED PARTIES:
Notice is hereby given of a SPECIAL SESSION of the Planning &
Zoning Commission of the City of The Colony, TExas to be held on
the 8th day of September, 1988 at 7:30 p.m., at City Hall, 5151
N. Colony Blvd., at which time the fo]lowing item will be discussed:
1. Review and Discussion regarding the Land Use Assumptions for
the City of The Colony, Texas in accordance with Senate Bill
336.
a. land available
b. future land
c. use assumptions for available/future land
d. all subject matter pertinent to L.U.A.
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 1st day of
September, 1988.
Patti Hicks, City Secretary
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON SEPTEMBER 8, 1988
A SPECIAL SESSION of the Planning & Zoning Commission of the
City of The Colony, Denton County, Texas was called to Order
at 7:30 p.m. at City Hall with the following Members in
attendance:
CATHY BOCK CHAIRPERSON
AGNES FOSTER MEMBER
EARL BRANTLEY MEMBER
BOB DOSS MEMBER
BILLY OWENS MEMBER (absent)
ROY MARIN MEMBER (absent)
CHERYL BLAKE MEMBER (late)
However, a quorum was established. Also in attendance were Dick
Weaver, CounCil Liaison; Bob van Ti], Administrative Staff
Planner; Tommy Turner, Public Works Director; Judy Shirk,
Recording Secretary. The following item was discussed.
1. REVIEW AND DISCUSSION REGARDING THE LAND USE ASSUMPTIONS
FOR THE CITY OF THE COLONY, TEXAS IN ACCORDANCE WITH SENATE
BILL 336.
a. land available
b. future land
c. use assumptions for available/future ]and
d. all subject matter pertinent to L.U.A.
Mr. van Til stated that the Commission will move to c on the
Agenda.~ There are five (5) tracts of land that need to be
looked at as far as the Land Use Assumptions. The
Commission needs to decide if they would like to leave these
assumptions as they are shown on the coded map,or would
like to change them to something else,or if they would like
to move them to better locations within the zoned areas.
Commission Member Blake arrived. 8:05 p.m.
Mr.'van Til-presented the Commission with an overall spread-
sheet depicting the zoning growth for The Colony for the ~
next ten (10) years. (See Attachment A). General discussion
regarding this attachement followed. Mr. van Til informed
the Commission that the amount of land available for zoning
includes the rest of the Nichols property as well as the
Strief property. The total ]and in this annexation wi/] be
three-hundred fifty )350) acres.~
At this time the Commission reviewed the five (5) zoning
locations for discussion and a concensus from the Commission
on the proposed assumptions.
1. Shopping Center, location west of Main street (F.M. 423)
and north of So~%h Colony.
Discussion: Shopping Center or Office.
After discussion Chairperson Bock called for a poll of the
Commission regarding this zoning proposal.
Member Foster felt that it should remain Shopping Center.
Members Doss, Brantley, Blake and Bock felt that it should
be changed to Office.
2. South Colony,General Retail Center, south side of Main
Street (F.M. 423), (area Wh~re Billy's L~quor is located}.
After discussion Chairperson Bock called for a poll of the
Commission regarding this zoning.
All Members concurred that this zoning should remain as is.
3. Wynnwood Peninsula.
Planned Development, Shopping Center, General Retail.
After discussion the Commission concurred that they
would like to see the proposed General Retail area, shown
on the map, moved to the other side of the Shopping Center.
This location will access the proposed r~adway much better.
These two (2) zonings are compatible to each other.
Member Doss asked if restrictions can be set when doing the
L.U.A. in regards to Planned Developments?
Mr. van Til stated that "yes" this can be done. If the
Commission would like to see only Twenty-Two hundred (2200)
square foot homes in this Wynnwood addition they can
stipulate this in the L.U.A.
After further discussion Chariperson Bock called for a
poll of the Commission regarding this proposed zoning.
All Members concurred that this zoning should remain as
proposed.
4. IBM property, located north and south of State HWY 121.
Mr. van Til stated that Industrial Zoning has dropped
by seventy-five (75) per-cent. This zoning has only
been requested once in the last ten (10) years. Mr. van
Til used this zoned area to implement more Business Park,
Office, Shopping Center and Planned Developemnt.
During discussion of the proposed land use on this property
the Commission asked that the Industrial area be moved
next to the railroad tracks along the eastern border of
the City and that the Business Park be used as a buffer
between the Industrial and Residential area. That the
Business Park be contingent to the Business Park on the
BillingS~tey prppe~ty. That a Single Family zoning be
contingent with the Shaddock/Cook property. No P.D. on IBM.
After further discussion Chairperson Bock called for a
poll of the Commission regarding these zoning proposals.
All Members concurred with these prcposa!s.
5. Billingsley property.
After discussion the consensus of the Commission was
that the Billingsley property be Planned Development,
Business Park and Multi Family.
After discussion Chairperson Bock informed the Commission that
Fox & Jacobs had asked that the property off of State HWY 121,
zoned Single Family,be left alone for now. They are in the process
of completing a sale. The Commission agreed, but did state that
this piece ofmpr~perty should be.changed to Business Park because
of its" location to Other BuSiness Park zOning~'3-~f~. '~
Member Doss raised his concern that Single Family zoning is not
being considered in these proposals and that there may not be any
land left for residential.
Mr. van Til informed Member Doss that there is eleven-hundred (1100)
acres that can be used for Single Family zoning. There is the
Lindberg Tract, Wynnwood Addition and the annexation of more of
the Wynnwood area and the Strief property, the White property and
Shaddock/Cook property.
Chairperson Bock asked that the Multi-Family zoning adjacent
to the Office 1 and 2 along Main Street (F.M. 423) be ~h~hged fa
Office. That Office 1 and 2 be left as is. The Commission
put a lot of time into this zoning and Fox & Jacobs compremised
and will only put three (3) story buildings on this tract ~f
]and. The Office 2 allows six (6) story buildings. Clarification:
West sidD of Main Street (F.M. 423).
After further discussion Mr. van Til informed the Commission that
a report must be forwarded regarding~the Commissions work on the
Land Use Assumptions. This report must define the following
items:
a. Service Areas
b. Projections and changes
c. Cover map
d. Land assumptions
e. Capitol improvements
(3)
Member Brantley asked that the Engineers reports be copied and
forwarded to the Commission Members when they are available.
The Commission can study them and this will help them make
decissions regarding the Senate Bill 336 requirements.
Lengthy discussion followed.
After discussion Mr. van Til introduced Ms. Vivian Bedell to the
Commission. Ms. Bedell is the owner of Classic Realtors and
can furnish vital information regarding the real estate market
in The~Colony. Ms. Bede]l will be working with the Commission
on the Land Use Assumptions.
Chairperson Bock stated that she would like a letter sent to
the land owners letting them know what the Commission is doing
and why they are doing it. She (Chairperson Bock) would like
this letter sent so that if the land owners would like to they
could come to the meeting that will be held on the 27th of
September, 1988. Chairperson Bock also stated that at this
meeting she would like to have the Pending Item pertaining to
Preliminary and Finale Plat procedures be put on the Agenda for
discussion.
With no further business Chairperson Bock asked for a motion to
adjourn. Member Foster so moved. Member Blake seconded
motion passed with all Members saying aye.
Adjourned 9:26 p.m.
Cathy B,o~k, Chairperson dy Shi~,-Recording Secretary
717
CITY OF THE COLONY
DENTON COUNTY, TEXAS
SEPTEMBER 22, 1988
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 27th day of September 1988 at 7:30 p.m., at City Mall
5151 N. Colony Blvd., at which time the following items will
be discussed:
1. Approval of the minutes of the August 23, 1988, August 30,
1988, and September 8, 1988 meetings.
2. Citizen Input.
3. Review and Consideration of a site plan as requested by Mr.
Don Vandiver representing The Church of Jesus Christ of
Latter-Day Saints located on the corner of Keys and Anderson
Drive.
4. General Business:
a. Preliminary plat approval expiration dates.
5. Adjourn.
I do hereby certify that the above notice of meeting was placed
on the front door of City Hail prior to 5:00 p.m. on the 22nd
day of September, 1988.
Patti Hicks, City Secretary
713
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON SEPTEMBER 27, 1988
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. at City Hall, 5151 N. Colony Blvd. with following
MEmbers in attendance:
CATHY BOCK CHAIRPERSON
AGNES FOSTER VICE-CAHIRPERSON
ROBERT DOSS MEMBER
EARL BRANTLEY MEMBER
CHERYL BLAKE' MEMBER
ROY MARIN MEMBER
BILL OWENS MEMBER (absent)
A quorum was established. Also in attendance were Bill Hall,
City Manager; Tommy Turner, Public Works Director; Bob van Til,
Administrative Staff Planner; Judy Shirk, Recording Secretary.
1. APPROVAL OF THE MINUTES OF THE AUGUST 23, 1988, AUGUST
30, 1988 AND SEPTEMBER 8, 1988 WORK SESSION.
Chairperson Bock asked if there were any corrections or
questions regarding the minutes of the August 23, 1988
meeting.
With no corrections Member Foster made a motion to accept
the minutes of the August 23, 1988 meeting as written.
Member Doss seconded and the motion carried with Members Matin,
Bock, Foster, Doss and B~antley~voting~aye. Member Blake
abstained due not being present at this meeting.
Chairperson Bock asked if there were any corrections or
questions regarding the meeting of August 30, 1988.
With no corrections Member Foster made a motion to approve
the minutes of the August 23, 1988 meeting as written.
Member Doss seconded the motiontrcarried with Members
Bock, Foster, Brantely, Matin and Doss vo~ng~ aye. Member
Blake abstained due to not being at this meeting.
Chairperson Bock asked if there were any corrections or
questions regarding the minutes of the September 8, 1988
Work Session.
With no corrections Member Foster made a motion to approve
the minutes of the September 8, 1988 minutes as written.
Member Doss seconded~.the motion carried with MEmbers Doss,
Foster, Bock, ~f~-in, Brantley and Blake saying aye.
Member Matin abstained due to not being present at this
meeting.
2. CITIZEN INPUT.
None at this time.
3. REVIEW AND CONSIDERATION OF A SITE PLAN AS REQUESTED BY
MR. DON VANDIVER REPRESENTING THE CHURCH OF JESUS CHRIST
OF LATTER-DAY SAINTS LOCATED ON THE CORNER OF KEYS AND
ANDERSON DRIVE.
Mr. van Til informed the Commission that the staff did
approve thesite plan as presented. The site plan did
meet all the criteria set up by the city.
Mr. van Til introduced Mr. Don Vandiver to the Commission.
Mr. Don Vandiver
903 E. 18th street
Piano, Texas
Member Brantley asked Mr. Vandiver if this is going to be
a one (1) story or two (2) story building.
Mr. Vandiver stated that it will be a 1500dsquare foot one (1)
story building, with a 220 seating capicity.
Member Brantley asked if the two (2) designated handicapped
spaces would be enough considering the 220 seating capicity?
Mr. van Til stated that "yes" they are sufficient according
to the city codes.
Member Brantley asked what type of storage building they
will be putting in?
Mr. Vandiver.stated that the storage building will be on
a much smaller scale but will be identical to the Church's
building. It will have overhead garage doors for access.
They will be relocating the storage building off of the
building line.
Member Bock asked if the dumpster will be screened?
Mr. Vandiver stated that his company will provide a pad for
the dumpster to set on but that the congregation is responsible
after that.
Member Brantley asked about the curb cut for water 'in, the
area where it will run back onto the property when it rains?
Mr. Vandiver stated that a trough will be cut into this area
and that this trough will re-route the water back onto the
street area.
Member Brantely asked about landscaping and what Mr. Vandiver's
plans are regarding this?
Mr. Vandiver said that they will hydr~Tulch~the area outside
of their property line on [he nort~ Sla?.a~Q maintain it and
that the entire site will h~ve an lrrga%~o system.
Member Foster asked if their were any expansion plans for
the building?
Mr. Vandiver informed the commission that the Church of Jesus
Christ of The Latter day Saints sets up their building to
hold three (3) congregations meeting at different times and
that if they outgrow the building they will build another
~~ for the ouerload.
Member Brantley asked that they expand the sidewalk across
the easement and conect it to the existing sidewalk on the
other side.
Mr. Vandiver didn't think that the existing sidewalk came
all the way up to the easement that it was cut short, but
if he is wrong then "yes" they will tie into it.
Short~diScussion~on site plan followed.
At this time Chairperson Bock asked if there were any further
questions? Beings there were none Chairperson Bock asked for
a motion on this item.
Member Foster made a motion to recommend approval of a site plan
requested by Mr. Don Vandiver representing The Church of
Jesus Christ of Latter-Day Saints located on the corner of
Keys and Anderson Drive and that the following items be
added:
1. Check into the sidewalk and if it does extend to the
easement that the Church extend their sidewalk to
tie into the existing sidewalk.
2. That the storage building be re-located farther back
from the building line.
3. Check into the grading in regards to the drainage
problem and that Member Brantely would like to see
a cross section of the fl~m~-
Member Doss seconded and the motion carried with the following
roll call vote:
(3)
Ayes All present
Noes None
4. GENERAL BUSINESS:
a. Preliminary plat approval expiration dates.
After some discussion regarding this item Chairperson Bock
asked that it be tabled until the next meeting so that all
the Members can review the information at home and better
understand what they are discussing.~
Member Brantley so moved and Member Blake seconded this
recommendation. The motion carried with al/ Members present
voting aye.
With no further business Chairperson Bock asked that the meeting
be adjourned. Member Brantley so moved and Member Foster seconded.
The motion Carried with al/. Members voting aye.
Adjourned 8:05 p.m.
Cathy B ock,~/Chairperson '~ ~ay S hiEk, ~-~-~'
Recording Secretary
CITY OF THE COLONY
DENTON COUNTY, TEXAS
OCTOBER 6, 1988
TO ALL INTERESTED PARTIES:
Notice is hereby given of a REGULAR SESSION of the Planning &
Zoning Commission of the City of The Colony, Denton County, Texas
to held on the llth day of October, 1988 at 7:30 p.m., at City
Hall, 5151 North Colony Blvd., at which time the following items
will be discussed:
1. Approval of the minutes of the September 27, 1988 meeting.
2. Citizen Input.
3. PUBLIC HEARING as requested by Augustine and Cristela A]aniz,
to have the Comprehensive Zoning Ordinance and Zoning Map of
the City of The Colony, Texas amended so as to give a piece
of property generally located in the Colony Square Shopping
Center at 5201 South Colony Blvd., Suite #700, a Specific Use
Permit for the sale of beer, wine and liquor for on-premise
consumption.
4. Review and Consideration of the request made by Augustine
and Cristela Alaniz to have the Comprehensive Zoning Ordinance
and Zoning Map of the City of The Colony, Texas amended so as
to give a piece of property generally located in the Colony
Square Shopping Center at 5201 South Colony Blvd., Suite #700
a Specific Use Permit for the sale of beer, wine and liquor
for on-premise consumption.
5. PUBLIC HEARING as requested by Larry D. Wheeler to have the
Comprehensive Zoning Ordinance and Zoning Map of the City of
The Colony amended so as to give a piece of property generally
located at 5000 Main Street (F.M. 423) Suite 314, a Specific
Use Permit for the sale of beer, wine and liquor for off-premise
consumption.
6. Review and Consideration of the request made by Larry D. Wheeler
to have a piece of property generally located at 5000 Main (F.M.
423) Suite 314, a Specific Use Permit for the sale of beer,
wine and liquor for off-premise consumption.
7. Review and Recommendations for regulations regarding the
expiration dates of preliminary and final plats.
8. General Business:
a. Landscaping requirements.
9. Adjourn
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 6th day of
October, 1988.
Patti Hicks, City Secretary
CITY OF THE COLONY
DENTON COUNTY, TEXAS
OCTOBER 20 , 1988
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 25, 1988, at 7:30 p.m., at City Hall, 5151 North Colony
Blvd. at which time the following items will be discussed:
1. Approval of the minutes of the October 11, 1988 Meeting.
2. Citizen Input.
3. Review and Recommendation of the Final Plat as submitted
by the Church of Jesus Christ of Latter-Day Saints, generally
located at the intersection of Keys and Anderson.
4. Review and Recommendation of a replat of Block 16-R, block 112
of The Colony 31 and S-E Hayes Survey, abstract #648, as
submitted by Mr. M. Nowell representing Brau~'s Ice Cream,
generally located on the corner of Main Street (F.M. 423)
and Chowning Drive.
5. Review and Recommendation of a final plat of the Peanut
Gallery Day Care Facility as submitted by Mr. Bill Burgresser
generally located northeast of the intersection of North
Colony Blvd. and Morning Star Drive.
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 20th day of
October, 1988.
Patti Hicks, City Secretary
CITY OF THE COLONY
DENTON, COUNTY, TEXAS
OCTOBER 25, 1988
TO ALL INTERESTED PARTIES:
NOTICE OF CANCELLATION
DUE TO THE LACK OF A QUORUM THE PLANNING & ZONING COMMISSION OF
THE CITY OF THE COLONY, TEXAS WILL NOT HOLD THE SCHEDULED
MEETING FOR THE 25th OF OCTOBER, 1988.
Patti Hicks, City Secretary
724
CITY £~F THE COLONY
DENTON COUNTY, TEXAS
NOVEMBER 3, 1988
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
November 8, 1988, at 7:30 p.m., at City Hall, 5151 North Colony
Blvd., at which time the following items will be discussed:
1. Approval of the minutes of the October 11, 1988 meeting.
2. Citizen Input.
3. Review and Recommendation of the Final Plat as submitted
by the Church of Jesus Christ of Latter-Day Saints, generally
located at the intersection of Keys and Anderson.
4. Review and REcommendation of a replat of Block 16-R, Block
112 of The Colony 31 and S-E Hayes Survey, abstract #648,
as submitted by Mr. M. Nowell representing Braum's Ice
Cream, generally located on the corner of Main Street (F.M.
423) and Chowning Drive.
5. Review and Recommendation of a Final Plat of the Peanut
Gallery Day CAre Facility as submitted by Mr. Bill Burgresser
generally located northeast of the intersection of North
Colony Blvd. and Morning Star Drive.
6. PUBLIC HEARING, as requested by Mr. Duck Y Ahn, for approval
of a Specific Use Permit for the sale of b~er, wine and
liquor for off-premise consumption at 6805 Main Street (F.M.
423) Suite #100.
7. Review and Recommendation of a request made by Mr. Duck Y
Ahn, for a Specific Use Permit for the sale of beer, wine
and liquor for off-premise consumption at 6805 Main Street
(F.M. 423) Suite #100.
8. PUBLIC HEARING as requested by Mr. Duck Y. Ahn, for approval
of a Specific Use Permit for the sale of beer, wine and
liquor for off-premise consumption at 5201 South Colony Blvd.
Suite #760. '
9. Review and Recommendation of a request made by Mr. Duck Y Ahn
for a Specific Use Permit for the sale of beer, wine and
liquor for off-premise consumption at 5201 South Colony Blvd.,
Suite #760.
10. GENERAL DISCUSSION:
Landscape Ordinance.
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
November, 1988.
Sharon Sebera, Deputy City Secretary
7 .5
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON NOVEMBER 8, 1988
A REGULAR SESSION of the Planning & Zoning Commission of the City
of The Colony, Texas was called to Order at 7:30 p.m. by Vice-
Chairperson Foster, at City Hall, 5151North~Colony Blvd., with
the following Members in attendance:
AGNES FOSTER VICE-CHAIRPERSON
EARL BRANTLEY MEMBER
ROBERT DOSS MEMBER
CHERYL BLAKE MEMBER (late due to election)
ROY MARIN MEMBER
BILLY OWENS MEMBER (absent due to business)
CATHY BOCK CHAIRPERSON (absent due to resignation)
With two (2) Members absent, however, a q~orum was established.
Also in attendnance was Bob van Til, Administrative staff Planner;
and Judy Shirk, Recording Secretary.
1. APPROVAL OF THE MINUTES OF THE OCTOBER 17, 1988 MEETING.
Member Blake arrived at this time. (7:38 p.m.) Vice-Chairperson
Foster asked for a motion on the minutes. Member DOss so
moved and Member Brantley seconded. The motion carried with
all Members voting aye.
2. CITIZEN INPUT.
None at this time.
3. REVIEW AND RECOMMENDATION OF THE FINAL PLAT AS SUBMITTED BY
THE CHURCH OF JESUS CHRIST OF LATTER-DAY-SAINTS, GENERALLY
LOCATED AT THE INTERSECTION OF KEYS AND ANDERSON.
Mr. van Til, informed the Commission that the plat did follow
all city ordinances and standards and that the s~aff does
recommend approval.
Vice-Chairperson Foster asked if there were any questions in
regards to this item? With no discussion and no questions
Member Doss made a motion to recommend approval of the Final
Plat for the Church of Jesus Christ of Latter-Day-Saints,
generally located at the intersection of Keys and Anderson.
Member Brantley seconded the motions-and the motion passed
with all Members voting aye~
4. REVIEW AND RECOMMENDATION OF A REPLAT OF BLOCK 16-R, BLOCK 112,
OF THE COLONY 31 AND S-E HAYES SURNEY, ABSTRACT #648, AS
SUBMITTED BY MR. NOWELL, REPRESENTING BRAUM'S ICE CREAM,
GENERALLY LOCATED ON THE CORNER OF MAIN STREET (F.M. 423) AND
CHOWNING DRIVE.
Mr. van Til informed the Commission that the Plat does meet
all city ordinances and standards and that staff is in favor
of this plat. Mr. van Til did add that there are two (2)
items of interest: 1).This plat does take in The Colony 31
and also the S-E Hayes Survey, Abstract #648. 2).There are
Texas Utilities and South Western Bell easements within this
property. The placement of the building will be handled by
TUC, SWB, the Engineers and Architects for Braums. Also, the
alleyway will be abandoned by City Council.
Member Blake asked if this abandonemen~wit~ in:~any~wa~ affect
lots ~welve.(~12) and thirteen (13)? Member Brantley asked if
abandoning this alleyway and making a tighter radius will
require taking a portion of lot #13's property?
Mr. van Til sta~ed that "NO" the property will remain as is. (lot 12&13)
He (Mr. van Til) also informed the Commission that notices will
not need to be sent out. This is not a zoning change. The
property is already zoned General Retail and a Specific Use
Permit is not needed for this type of business in this type
of zoning.
With no further questions Vice-Chairperson Foster asked for
a motion on this item.
Member Brantley made a motion to recommend approval of the
replat of Block 16-R, Block 112 of The Colony 31 and S-E
Hayes Survey, Abstract #648, as submit%ed by Mr. M. NOweli
representing Braum's Ice Cream, generally located on the
corner of Main Street (F.M. 423) and Chowning Drive. Member
Blake seconded and the motion carried with all Members voting
aye.
5. REVIEW AND RECOMMENDATION OF A FINAL PLAT OF THE PEANUT
GALLERY DAY CARE FACILITY AS SUBMITTED BY MR. BILL BURGRESSER
GENERALLY LOCATED NORTHEAST OF THE INTERSECTION OF NORTH
COLONY BLVD. AND MORNING STAR DRIVE.
Mr. van Til asked that %he Commission recommend approval of
%his Final Plat contingent upon four (4) items %hat were no%
shown on %he Final Pla%: 1) Easements; 2) Contour lines;
3) Vicinity Map; 4) Building lines.
The northwest ccrner of the property needs %o be dedicated
the City for either a clean out valve or a man-hcle for drain-
age from this property.
Mr. van Til introduced Mr. Bally %o %he Commission as
representative of Mr. Burgresser.
At this time Member Bran%Iey asked %ha% a let%er be sen%
Dannenbaum Engineering reminding them of %he criteria
the City requires on all plats and final plats for %heir
approval. Member Bran%ley stated %hat i% is very difficult
for the Commission to approve a pla% that does no% show
the easements, vicinity, con%our lines add building lines.
Member Doss asked if %his item could be tabled un%il
pta% is corrected?
Discussion followed.
A% this time Member Blake made a mo%ion %o recommend approval
of %he final pla% of the Peanut Gallery Day Care Facility as
submitted by Mr. Bill Burgresser, generally located northeast
of intersection of North Colony Blvd. and Morning Star Drive
contingent upon this pla% meeting all city requirements: 1)
easements; 2) existing coun%ours; 3) building lines, and 4)
vicinity map, before being presented %o City Council.
Member Marin seconded and the motion carried with %he following
roll call vote: Member Bran%ely, Yes; Member B~ake,'~Yes;
Member Doss, No; Member Foster, Yes; Member Marin, Yes.
6. PUBLIC HEARING AS REQUESTED BY MR. DUCK Y AHN, FOR APPROVAL
OF A SPECIFIC USE PERMIT FOR THE SALE OF BEER, WINE AND LIQUOR
FOR OFF-PREMISE CONSUMPTION AT 6805 MAIN STREET (F.M. 423)
SUITE #100.
Member Blake made a mo%ion to open %he Public Hearing. Member
Marin seconded the mo%ion and it passed with all Members
voting aye.
Mr. van Til informed the Commission that Mr. Y Ahn was not
present for this Public Hearing ~herefore i~ could no% be
held.
Member Marin made a mo%ion %o continue %his Public Hearing
un%il %he November 22nd Session of the Planning & Zoning
Commission. Member Blake seconded the mo%ion and i% carried
with all Members voting aye.
7. REVIEW ANDiRECOMMENDATION OF A REQUEST MADE BY MR. DUCK Y AHN
FOR A SPECIFIC USE PERMIT FOR THE SALE OF BEER, WINE AND
LIQUOR FOR OFF-PREMISE CCNSUMPTION AT 6805 MAIN STREET (F.M.
423) SUITE #100.
Member Blake made a mo%ion to table this item un%il
November 22nd Session of Planning & Zoning Commission. Member
Marin seconded the mo%ion and i% carried with all Members
voting aye.
-
(3)
8. PUBLIC HEARING AS REQUESTED BY MR. DUCK Y AHN, FOR APPROVAL
OF A SPECIFIC USE PERMIT FOR THE SALE OF BEER, WINE AND LIQUOR
FOR OFF-PREMISE CONSUMPTION AT 5201 SOUTH COLONY BLVD., SUITE
#760.
Member Blake made a motion to open the Public Hearing. Member Marin
seconded and the motion carried with all Member voting aye.
At this time, due %o Mr. Duck Y Ahn not being present for
these preceedings, Member Marin made a motion %o continue this
Public Hearing until %he November 22nd session of the
Planning & Zoning Commission. Member Blake seconded the motion
and it carried with all Members voting aye.
9 REVIEW AND RECOMMENDATION OF A REQUEST MADE BY MR. DUCK Y AHN
FOR A SPECIFIC USE PERMIT FOR THE SALE OF BEER, WINE AND
LIQUOR FOR OFF-PREMISE CONSUMPTION AT 5201 SOUTH COLONY BLVD.
SUITE #760.
Member Marin made a motion to table this item until the November
22nd session of the Planning & Zoning Commission. Member
Blake seconded and the motion carried with all Members voting
aye.
10. GENERAL DIECUSSION: LANDSCAPE ORDINANCE.
Mr. van Til asked the Commission to consider forming a
committee to research this item and to work with the City on
the criteria for a landscape ordinance? Mr. van Til informed
the Commission that Councilman Steve Glazener is interested
in the large subdivisions and setting up criteria by which
the developer must go by.
Member Blake ased if there was a time frame as to when the
landscaping must be done?
Mr. van Til stated that there is none at this time, but that
it is possible to hold a Certificate of Occupancy until the
landscaping is in.,"
At this time Member Marin suggested that the Commission hold
off on this item until after the first of the year due to %he
Holtidays. The rest of the Commission concurred with this.
With no further business Member Blake made a motion to adjourn the
meeting. Member Brantley seconded and the motion carried with all
Members~.~oLing%ay~.
Adjourn 8:35 p.m.
Ages Foster, Vice-Chairperson ~'~dy shi~, Recording Secretary
CITY OF' THE COLONY
DENTON COU~TY3~ TEX~S~i:
NOVEMBER 17, 1988
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 22nd day of November, 1988, at City Hall, at 7:30 p.m, , at
Which time th~~ following items will be discussed:
1. Approval of the minutes of the November 8, 1988 meeting.
2. Citizen input.
3. Nomination and consideration of a new Planning & Zoning
Chairperson and Vice-Chairperson.
4. PUBLIC HEARING as requested by Kim Mon, Inc., D.B.A.
Golden Gate Restaurant to have Appendix-A of the Comprehensive
Zoning Ordinance and Zoning Map of the City of The Colony, Texas
Amended so as to give a location at 5000 Main Street (F.M. 423)
Suite #322 a Specific Use Permit for the sale of beer and wine
for on-premise consumption.
5. PUBLIC HEARING as requested by Mr. Duck Y Ahn to have Appendix-
A of the Comprehensive Zoning Ordinance and Zoning Map of the
City of The Colony, Texas amended so as to give a location at
5201 South Colony Blvd., Suite #760 a Specific Use Permit for
the sale of beer, wine and liquor for off-premise consumption.
6. PUBLIC HEARING as requested by Mr. Duck Y Ahn to have Appendix-
A of the Comprehensive Zoning Ordinance and Zoning Map of the
City of The Colony, Texas amended so as to give a location at
6805 Main Street (F.M. 423) Suite #100 a Specific Use Permit
for the sale of beer, wine and liquor for off-premise consump-
tion.
7. Review and Consideraiton of a site plan submitted by Mr. Bill
Burgresser representing the Peanut Gallery Child DeveloPment
Center located horth on North Colony Blvd., and east of Morning
Star Drive.
8. Consideration of a request made by Kim ~,~on, Inc. for a Specific
Use Permit to sell beer and wine for on-premise consumption at
a location described below:
5000 Main Street (F.M. 423) Suite #322
9. Consideration of an application made by Mr. Duck Y Ahn for a
Specific Use Permit for the sale of beer, wine and liquor for
off-premise consumption at the below lis~ed location(s):
a. 5201 South Colony Blvd. Suite #760
b. 6805 Main Street (F.M. 423) Suite #100
10. General Discussion:
Landscape ordinance.
CERTIFICATION
I do hereby certify that the above no~ice of meeting was posted
outside the front doQr of City Hall by 5:00 p.m. on the 17th day
of November, 1988.
Patti Hicks, City Secretary
733
MINUTES OF THE PLANNING & ZONING COMMI55ION
OF THE CITY OF THE COLONY, TEXAS
NOVEMBER 22, 1988
A REGULAR SESSION of the Planning & Zoning Commission of the City of The
Colony, Texas was called to Order at 7:35 p.m., at City Hall with the following
Members in attendance:
AGNES FOSTER VICE-C~IRPERSON
EARL BRANTLEY MEMBER
ROBERT DOSS MEMBER
ROY MARIN MEMBER
BILLY OWENS MEMBER
CHERYL BLAKE MEMBER
with six Members present a quorum was established and the following items were
discussed:
At this time Vice-Chairperson Foster asked Ms. Oathy Bock to come forward from
the audience. Vice-Chairperson Foster recognized Ms. Bocks dedication and
service to the Commission. All Members thanked her (Ms. Bock) for her he~p and
concern for the city during her time on the Commission. Ms. Bock was presented
with a ~ift from the Commission and Staff.
1. APPROVAL OF THE MINUTES OF THE NOVEMBER 8, 1988 MEETING.
Vice-Chairperson Foster asked if there were any corrections or additions
to the minutes.
As there were nonei'~M~mber Brantley made a motion to approve the minutes
as written. Member Doss seconded and the motion passed with all Members
voting aye. Member Owens abstained, due to not being present at the
November 8, 1988 meeting.
2. CITIZEN INPUT.
None at this time.
3. PUBLIC HEARING AS REQUESTED BY KIM MON, DBA, GOLDEN GATE RESTAURANT TO
HAVE APPENDIX-A OF THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF THE COLONY TEXAS AMENDED SO AS TO GI~E A LOCATION AT 5000 MAIN
STREET (F.M. 423) A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR
ON-PREMISE CONSUMPTION.
Vice-Chairperson Foster asked for a motion to open the Public Hearing.
Member Blake so moved. Member Doss seconded and the motion carried with
all Members voting aye.
Vice-Chairperson Foster asked if there were any questions regarding this
item?
Member Doss asked if the S.U.P. will only apply to the sale of beer and
wine, not liquor?
Mr. van Til stated that "yes" it will only apply to the beer and wine. If
they decide to sale liquor they will have to come back to the Commission
for another S.U.P. to include liquor.
Mr. Jim Vandenburg and Mr. Mon were present for this hearing.
With no further questions or discussion Member Blake made a motion to
close the Public Hearing. Member Doss seconded and the motion carried with
all Members voting aye.
8. CONSIDERATION OF A REQUEST MADE BY MR. KIM MON, INC. DBA, GOLDEN GATE
RESTAURANT, FOR A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR
ON-PREMSIE CONSUMPTION AT A LOCATION AT 5000 MAIN STREET (F.M. 423).
There being no further discussionregarding this item Member Brantley made
a motion to recommend approval of the request made by'Mr. Kim Mon, Inc.,
DBA, Golden Gate Restaurant to have the Comprehensive'Zoning Ordinance and
Zoning Map of the City of The Colony, Texas amended so as to give a location
at 5000 Main Street (F.M. 423) a Specific Use Permit for the sale of beer
and wine for on-premise consumption. The motion was seconded by Member
Blake and carried with the following roll call vote.
730 (2)
Ayes All present
Noes None
5. PUBEIC HEARING AS REQUEST~ONBYi!MB. iDUCK Y AHN TO HAVE APPENDIX-A OF THE
COMPREHENSIVE ZONINR ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY,
TEXAS AMENDED SO AS TO GI~E A LOCATION AT 5201 SOUTH COLONY BLBD., SUITE
# 760 A SPECIFIC USE PERMIT FOR THE SALE OF BEER, WINE AND LIQUOR FOR
OFF-PREMISE CONSUMPTION.
Vice-Chairperson Foster asked for a motion to open the Public Hearing. __
Member Doss so moved. Member Blake seconded and the motion carried
with all Members voting aye.
M~mber Blake asked exactly where these locations are?
Mr. Duck Y Ahn explained that they are the "Bottle Shop" on South Colony
Blvd. and "Friendly Spirits" on Main Street. Mr. Duck Y Ahn also stated
that he wit.1 be changing the names to "The Bottle Shop #1" and "The Bottle
Shop #2",
With no further questions Member Doss made a motion to close the Public
Hea~ing. Member Blake seconded the motion and it carried with all Members
voting aye..
6. PUBLIC HEARING AS REQUESTED BY MR. DUCK Y AHN TO HAVE APPENDIX-A OF THE
COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY,
TEXAS AMENDED SO AS TO GIVE A LOCATION AT 6805 MAIN STREET (F.M. 423) A
SPECIFIC USE PERMIT FOR THE SALE OF BEER, WINE AND LIQUOR FOR OFF-PREMISE
CONSUMPTION.
Member Doss made a motion to open the Public Hearing and Member Blake
seconded . ~The motion carried with all Members voting aye.
With no discussion or questions regarding this item Member Doss made a
motion to close the Public Hearing and Member Blake seconded. The motion
carried with all Members voting aye.
9. CONSIDERATION OF AN APPLICATION MADE BY MR. DUCK Y AHN FOR A SPECIFIC
USE PERMIT FOR THE SALE OF BEER, WINE AND LIQUOR FOR OFF-PREMISE
CONSUMPTION AT THE BELOW LISTED LOCATION(S).
A. 5201 SOUTH COLONY BLVD. SUITE #760
B. 6805 MAIN STREET (F.M. 423) SUITE #100
Vice-Chairperson Foster asked if there were any questions regarding this ·~
item?
With no questions and no discussion Member Blake made a motion to
recommend approval of the request made by Mr. Duck Y Ahn to have Appendix-
A of the Comprehensive Zoning Ordinance and Zoning Map of the City of The
Colony, Texas amended so as to give two (2) locations, 5201 South Colony
Blvd., Suite #760 and 6805 Main Street (F.M. 423) , Suite #100 Specific
Use Permits for the sale of beer, wine and liquor for off-premise consumption.
Member Doss seconded the motion and it carried with the following roll call
vote:
Ayes All present
Noes None
7. REVIEW AND CONSIDERATON OF A SITE PLAN SUBMITTED BY MR. BILL BURGRESSER
REPRESENTING THE PEANUT GALLERY CHILD DEVELOPMENT CENTER LOCATED NORTH
ON!~NORT~ COLONY BLVD. AND EAST OF MORNING STAR DRIVE.
Member Doss asked if handicapped spaces were adequate for this site?
Mr. van Til stated "yes" they were. One (1) space per every fifty (50)
spaces is the requirement.
Member Balke ased for a clarification on the red dots on the site plan
at the driveway.
Mr. Bob vaN Til said that they were there to show that signs depicting
entrance and exit must be placed in the areas marked.
Member D~s~ noted that a question had been rai§ed by. the review Staff that
. 73.i.
there was not enough lighting on the site. Member Doss asked it this
had been taken care of?
Mr. Burgresser stated that "yes" lights will be placed on the two (2)
exterior doors north and east, and that lights will be placed on colums
that will focus on the front of the building.
Member Brantley asked if they werre still going to use the same chain link
fencing that they had previously presented the last time they"came before
the Commission?
Mr. Burgresser stated that "yes" they will use the same type of fenc}6gs
that will allow the neighborhood children to play in the playground after
the facility is closed for the day.
Member Brantley asked if the traffic will be allowed to make a U-turn when
going east bound on North,Colony?
Mr. van Til said "yes" that this will be the best way for east bound
traffic to enter the facility.
Member Brantley asked if the trucks picking up the dumpsters will have to
back in the driveway?
Mr. Burgresser stated that "no" they will come straight in. The driveway
is a.one~(1)~way drive through.
Chairperson Foster asked if there were any further questions or discussion
regarding this item?
As there was none Member Brantley made a motion to recommend approval of the
site plan as submitted by MR. Bill Burgresser represent2~ive of the Peanut
Gallery Child Development center to be located north on North Colony Blvd.
and east of Morning Star Drive. Member Doss seconded the motion and it
carried with the following roll call vote:
Ayes All present
Noes None
At this time Vice-Chaiperson Foster asked for a five (5) minute recess. 7:50 p.m.
Meeting called back to order at 7:55 p.m.
10. GENERAL DISCUSSION: LANDSCAPE ORDINANCE.
Mr. van Til stated that he would like to know if the Commission had
decided to form a Committee for this item and when they would like to
begin work on it?
The Commission stated that they would like to have this item set aside until
after the Hollidays. Will start work on it in January of 1989.
3. NOMINATION AND CONSIDERATION OF A NEW PLANNING & ZONING COMMISSION CHAIRPERSON
AND VICE-C~A,fRRE~SON
Member Doss nominated Agnes Foster as Chairperson. Member Blake seconded
the nomination and Member Foster accepted the nomihation.
Member Brantley Brantley nominated Member Doss for Vice-Chairperson.
Member Blake seconded and Member Doss accepted the nomination.
A poll of the Commission was taken by the Recording Secretary.
Member Foster for Chairperson: All present Aye.
Member Doss for Vice-Chairperson: All present Aye.
With all the Commission Members in accordance Member Foster is the
new Chairperson and Member Doss is the new Vice-Chaiperson.
With no further business to attend to Member Blake made a motion to adjourn the
meeting. Member doss seconded and the motion carried with all Members voting
aye.
7 3 "2
(4)
Adjourn 8:50 p.m.
~s ~.~, ~]udy ShiP~, Recording Secretary
' '?33
C l'TY OF THE COLONY
DENTON COUNTY, TEXAS
DECEMBER 7, 1988
TO ALL INTERESTED PERSONS:
Notice is hereby given of a REGULAR SESSION of the Planning & Zoning Commission
of the City of The Colony, Texas to be held on December 13,1988, at 7:30 p.m.
at City Hall, 5151 North Colony Blvd., at which time the following items will
be discussed:
1. Minutes of the November 22, 1988 meeting.
2. Citizen input.
3. PUBLIC HEARING on an applica¢ion of the Lewisville Independent School
District to have Appendix-A of the Comprehensive Zoning Ordinance and
Zoning Map of the City of The Colony, Texas amended so as to reflect an
amendment to a Planned Development District, approved on January 5, 1987,
to have the pcoposed school site relocated north on Etheridge Drive, between
Durbin and Howard Drives.
4. Consideration and Recommendation of the above mentioned application by
Lewisville Independent School District.
5. Selection of two (2) Commissioners to serve on the "Landscape Ordinance
Committee".
CERTIFICATION
I do hereby certify that the above notice of meeting was placed on the front door
Of-'~ity Hall priOr to 5:00 p.m. on the 8th day of December, 1988.
Patti Hicks, City Secretary
734
MINUTES OF THE PLANNING & ZONING COMMISSION
OF THE CITY OF THE COLONY
HELD ON DECEMBER 13, 1988
A REGULAR SESSION of the Planning & Zoning Commission of the City
of The Colony, Texas was called to Order at 7:30 p.m. at City Mall
with the following Members in attendance:
AGNES FOSTER CHAIRPERSON
JAMES VANDERBURG MEMBER
ROBERT DOSS VICE-CHAIRPERSON
EARL BRANTLEY MEMBER
BILLY OWENS MEMBER
with Members Blake and Matin absent, however, a quaorum was establised
and the following itmes were addressed. Also in attendnance were Bill
Hall, City Manager; Bob van Til, Administrative staff Planner; and
Marshall Durham, of Lewisville Independent School District.
1. APPROVAL OF THE MINUTES OF THE NOVEMBER 22, 1988 MEETING.
Member Doss made a motion to approve the minutes as written.
Member Brantley seconded the motion and it carried with all
Members voting aye.
2. CITIZEN INPUT.
Councilman Weaver informed the Commission that there will be
a Public Hearing regarding the 911 Emergency service and that
all are invited to attend.
3. PUBLIC HEARING ON AN APPLICATION OF THE LEWISVILLE INDEPENDENT
SCHOOL DISTRICT TO HAVE APPENDIX-A OF THE COMPREHENSIVE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY, TEXAS AMENDED
SO AS TO REFLECT AN AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT
APPROVED ON JANUARY 5, 1987 TO HAVE THE PROPOSED SCHOOL SITE
RELOCATED NORTH ON ETHERIDGE DRIVE, BETWEEN DURBIN AND HOWARD
DRIVES.
Member Doss made a motion to open the Public Hearing. Member
Owens seconded the motion and it carried with all Members
voting aye.
Mr. Marshall Durham of the L.I.S.D. was in attendance. Mr.
Durham gave the Commissioners a brief outline of why the L.I.S.D.
would like the school site moved.
Mr. Durham explained that the school district perfers that all
elementary schools be located within residential areas and
not where heavy traffic will be. North Colony Blvd. will
become a four lane blvd. eventually and the school district
does not want elementary children to have to contend with fast
moving traffic.that this will bring.
Chairperson Foster asked if the developer had discussed the
proposed site with the school district?
Mr.~Durham stated that they had not,but that they (Developer)
did con,ur with the change of the site for the school.
The new site is more centrally located and more conducive to the
school building,beings that the property is triangular and not
L shaped like the old site.
Chairperson Foster stated that at the time of the work session
on the Planned Development that the home owners were taken into
consideration at that time. Has the school district discussed
this change with any of the residents?
Mr. Durham stated that they had talked with two (2) home owners
and that they were in favor of the school site.
Chairperson Foster asked if a traffice study had been done?
Mr. Durham informed the Commission that one had not been dome
and that the L.I.S.D. were not conside~ng doing one.
733
(2)
Member Vanderburg asked if changing the school site will
change the size of the school?
Mr. Durham answered "no" the school wili remain the same.
It's capacity will be for seven-hundred (700) to eight-
hundred (800) students. This new school will relieve Stewarts
Creek Elementary, it is now overcrowded.
Member Doss stated that if The Colony doesn't mind the school --
being located on the corner of North Colony Blvd. and Etheridge
why should the school district.
Member Brantley stated that during the work sessions on the
205 acre Planned Development that the site at North Colony
and Etheridge was chosen because of the narrow streets that run
onto Etheridge. The site chosen should eleviate this problem
because of the four lanes that North Colony will become.
Mr. Durham stated that there will always be traffic problems
wherever a school iS'built.
At this ~me Chairperson Foster asked if any citizens in the
audience had any comments regarding this matter?
Mr. Robert Knud. sen
4109 Durbin Dr.
Mr. Knudsen does not consider North Colony a main blvd. He
would like to see the school site remain where it has been
proposed.
Mr. Knudsen asked what will happen to the old site if the
school is moved?
UNfair to change zoning after residents purchased property. __
Did not notify enough people.
No valid reason to change the school site.
Mr. Knudsen stated that he wantd it made perfectly clear
where he stood on this issue:
1. Not enough people nOtified of the change.
2. No signature of city official on notice.
3. No reference to type of school.
4. Did not list Commission Members or City Council on notification.
5. Undo noise.
6. Traffic (safety)
7. School crossings
8. Liability to property.
9. Night time activities (added traffic after dark).
iQ ~Lighting on school site will shine on residents property.
Mr. Knudsen then stated that if the wisheS of the residents
were not listened to that they will ask for a re-call of all
City officials.
Jim Childers
4100 Howard
Mr. childers stated that the Fox & Jacobs sales people falsely
informed them that this would be a park area. Mr. Childers
presented the Commission with a petition containing twenty-five __
(25) signatures. (EXHIBIT A)
Chairperson Foster informed the audience that the Commission
has no control over what they are told by any salespersons.
All citizens should and can come to City Hall for any information
regarding their City and how it will be developed. Chairperson
Foster also informed the audience that by state law, ~in~zoning
cases, notices must be sent to residents within two-hundred
(200) feet of the proposed zoning change, and that is att that
is ~equire~ bY the city.
Jerry Nichols
4135 Durbin
Mr. Nichols stated that he had lived in the city for seven (7)
years and that the city streets are not wide enough to hold the
amount of traffic generated by a school. Mr. Nichols feels that
North Colony Blvd. being a main feeder road would be a better
(3)
site for the school. The streets running into Etheridge are
not lighted enough and will create a hazard for drivers
during after hours activites at the school by not being able
to see students walking to the school.
Robert Davis
4101 Clary Dr.
Mr. Davis stated that he was told that it would be residential
not a school. Mr. Davis feels that L.I.S.D. should have let
the residents know.~hey (L.I.S.D.) have known for two (2)
years.
Richard Kiefler
4109 Driscoll
Parking in front of homes will be impossible because of
increased traffic. He also felt that zoning signs should have
been put out on the site in question.
At this time Mr. Blackwood of Crow/Billingley came forward
to talk to the citizens.
Mr. Blackwood informed the citizens that the 205 acres is owned
by Mr. Lindberg and that he and the Commission worked on the
zoning.
The school site is only a proposed site, subject to change if
necessary. Mr. Blackwood stated that he will work with the
city and the school district to build the school. During the
process of th~ Planned Development a school site needed to be
tied dow~ but that it could be changed in the future if necessary.
Mr. Blackwood stated that if the school site is changed to the
location that the district is asking for that they, Crow/
Billingsley, will move the Single Family 4 district down to
the old school site. Two (2) years ago plans were made but may
not be applicable at this time.
Chairperson Foster did remind Mr. Blackwood that the density
will have to remain the same as planned two(2) years ago.
Member Brantley asked Mr. Blackwood if he had seen a plan of
the school site?
Mr. Blackwood stated that he had seen a conceptual plan that
showed moving the school site only one (1) block from the
proposed site.
Member Brantley asked if Etheridge was still proposed to be a
four lane?
Mr. blackwood state "Yes" all streets will remain as decided at
the time of initiation of the Planned Development.
Member Brantley asked that he be shown a preliminary site plan
of the school in relationship to the 205 acres. Also in
relationship to Etheridge and the City property.
Member Brantely also asked when the school is proposed to open?
Mr. Durham stated that it will open in 1990. The school district
needs six (6) months lead way before actual ground breaking.
Member Doss stated at this time that he has not heard a good
reason for the change in the school site.
Mr. Robert Griss
4121 Howard
Mr. Griss asked how the school site was decided?
Mr. Blackwood informed him that the Planned Development locks
into a general plan for the entire site by setting up
residential, shopping centers, general retail and school sites.
This general plan gives flexibility for change if it is needed.
(4)
Specifics in a Planned Development will change depending on the
development of the ~urrounding area.
Kim Taylor
4100 Durbin
Have you (Mrs, Blackwood) had any contact with Fox & Jacobs
to see what their plans were for the area adjacent to yours?
Mr. Blackwood "No" --
Ms. Taylor, this area has already been zoned and what the school
is proposing to d~ is disrupting a lot of residents in the
area. How long have you (Mr. Blackwood) known about this
change in site?
Mr. Blackwood, One (1) year. Six (6) to eight (8) months is
more realistic.
AT this time Mr. Bill Hall, City Manager took the floor
to answer the main:questions raised by the citizens. Mr.~ H~I]
Stated that Stewarts Creek Elementary School is overcrowded
and that L.I.S.D.~must get a site for the new school as soon
as possible~this is the reason for this Public Hearing. The
school district would like to relocate the site.
Mr. Hall also stated that as far as the notification of
residents goes. The City does comply with the State Law in
regards to this matter. The State Law requires that residents
within 200 feet of a zoning change mmst be n~tified and that
a Public Hearing must be held. Posting a zoning change signs
is not a requirement but I (Mr. Hall ) feel that this is a
good way of letting residents know what is going on.
Mr. Hall went on to say that the Planning & Zoning Commission --
has their Public Hearing and then the City Council has a
Public Hearing on the same issue, thus enabling the residents
two (2) o~portunities to express their opinions.
Ms. Taylor stated that the Fox & Jacobs salesmen lied to them
about what was going to be done with the property adjacent to
them.
Mr. Hall reiterated the statement that had been made by
Chairperson Foster that the City is not responsible for what
people are told by salepersons. That the citizen themselves
must and should check with their city for information regarding
what is going on in the area that they would like to live.
Chairperson Foster pointed out that the City has zoning maps
depicting how the city is to be developed.
Lengthly discussion with citizens continued at this time.
After discussion Chairperson Foster asked if there were~ any
more questions. With no further questions or discussion
Chairperson Foster asked for a motion to close the Public
Hearing.
Member Brantley so moved. Member Doss seconded and the
motion carried with all Members voting aye.
4. CONSIDERATION AND RECOMMENDATION OF THE ABOVE MENTIONED
APPLICATION BY LEWISVILLE INDEPENDENT SCHOOL DISTRICT.
At this time Member Brantley made a motion to table the
recommendation until after the first of the year. That a
preliminary site plan of the school be presented to the
Commission for their review and the concerns of the Public
be studied before the recommenation is made. Member Vanderburg
seconded the motion and it passed with the following roll call
vote:
Member Vanderburg, Yes; Member Owens, No; Member Doss, No;
73 j
Member Brantley, Yes; Member Foster, Yes.
5. SELECTION OF TWO (2) COMMISSIONERS TO SERVE ON THE "LANDSCAPE
ORDINANCE COMMITTEE.
Chairperson Foster appointed Members Blake and Marin to
serve on this committee. Chairperson Foster said she will
contact these Members as to the committee.
With no further business to attend to Member Brantley made a motion
to adjourn the meeting. Member Doss seconded and the motion carried
with all Members voting aye.
Adjourn 10:00 p.m.
~h~r~son,Agnes Foster ~cord~ Secretary, Judy Shirk
EXHIBIT A
WE THE UNDERSIGNED ARE STRONGLY OPPOSED TO THE ZONING CHANGE ON ETHRIDGE STREET
BETWEEN DURBIN AND HOWARD IN THE (;OI,ONY, TEXAS FOR A PROPOSED SCHOOL SITE.
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