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HomeMy WebLinkAbout01/03/1983 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON JANUARY 3, 1983 A REGULAR SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. with the following members present: Gene Pollard Mayor Scott North Councilman Larry Sample Councilman Charlie Parker Councilman Marlene Poole Councilman and with Councilman Norman Adeler and Councilman Charles Dodds absent; however, a quorum was established. 1. APPROVAL OF MINUTES Councilman North moved to approve the minutes of the Regular Session held on December 20, 1982, as presented. Seconded by Councilman Poole, the motion carried by the following roll call vote: Ayes: Councilmen North, Sample, Parker and Poole Noes: None Abstention: Mayor Pollard 2. CITIZEN INPUT Mayor Pollard noted that no one had signed up for citizen input at this time. 3. SYC FAMILY UPDATE At this time, Mayor Pollard recognized Marlene Syc who presented a book to the Mayor on Moscow to be a part of The Colony Public Library, and she expressed her appreciation for the citizen support of their endeavor. She then told the Council about their recent trip to Moscow. 4. PUBLIC HEARING REGARDING A CHANGE IN ZONING FROM SINGLE FAMILY TO PLANNED DEVELOPMENT IN SECTION #24 ON THE FOLLOWING STREETS AS REQUESTED BY FOX & JACOBS, INC.--JENKINS, NERVIN AND LARNER Councilman North moved to open the Public Hearing. Seconded by Councilman Poole, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Mayor Pollard recognized Ron Walden, representative of Fox & Jacobs, Inc., 2800 Surveyor Boulevard, Carrollton, Texas. Mr. Walden explained generally the concept and the background of the cluster homes. He stated that the cluster concept allows for more affordable single-family detached homes. He stated that the minimum lot size in a cluster development will be 3,500 square feet, and no minimum dimensions will be established. The minimum separation between detached dwellings shall be ten feet, and the minimum separation between facing garage doors shall be 56 feet. He added that this does include a twenty-foot community drive into the cluster. The minimum building line shall be 25 feet from the center line of the street, and the minimum yard shall include one usable yard space of at least 300 square feet. Lot coverage shall not exceed 50% of the total lot, and off-street parking shall be provided within each cluster -1- to accommodate two motor vehicles for each dwelling unit. He also stated that, as the Council desires, the minimum living area per dwelling unit shall be 900 square feet with no more than one unit per cluster under 1,000 square feet. Ail main buildings shall have an exterior construction of a minimum of 65% brick or brick veneer in accordance with City ordinances. He did explain that each individual unit will have separate utili- ty connections and meters for all public utilities. Br. Walden stated that in the Planning and Zoning Commission hearing, traffic flow was one of the primary concerns. He stated that Fox & Jacobs has agreed to widen Lamer to a collector street width and open this street onto FM #423. He also stated that in private meetings with the homeowners on Augusta and Hale at the southern end of this subdivision, he has agreed to buffer their homes from the cluster development in the following manner: "This letter will serve as Fox & Jacobs commitment to deed restrict the lots in The Colony No. 24 and No. 26 Additions as follows:" Number 24 Block Lots Street Minimum House Size 206 11-15 Curry Drive 1,500 sq. ft. 206 16-24 Curry Drive 1,700 sq. ft. 211 1-22 Hale Street 1,700 sq. ft. 210 1-22 Larner Street 1,500 sq. ft. 211 23-44 Larner Street 1,500 sq. ft. Number 26 Block Lots Street Minimum House Size 213 20-31 Anderson Drive 1,250 sq. ft. 213 32-33 Anderson Drive 1,500 sq. ft. 213 34-37 Anderson Drive 1,700 sq. ft. 213 1- 4 Younger Drive 1,700 sq. ft. 213 5- 7 Younger Drive 1,500 sq. ft. 213 8-19 younger Drive 1,250 sq. ft. 214 22-33 Younger Drive 1,250 sq. ft. 214 34-37 Younger Drive 1,500 sq. ft. 214 38-41 Younger Drive 1,700 sq. ft. 214 1- 4 Fryer Drive 1,700 sq. ft. 214 5- 9 Fryer Drive 1,500 sq. ft. 214 10-21 Fryer Drive 1,250 sq. ft. 215 26-38 Fryer Drive 1,250 sq. ft. 215 39-44 Fryer Drive 1,500 sq. ft. 215 45-48 Fryer Drive 1,700 sq. ft. 215 8-12 N. Colony Blvd. 1,500 sq. ft. 215 13-25 N. Colony Blvd. 1,250 sq. ft. "Should the City choose to include the restricted plat of Section 24 and 26 as a part of the proposed Planned Development Ordinance in Section 24, we will be happy to work with the City attorney to prepare the necessary documents." Mayor Pollard accepted a written letter outlining the above commit- ment. Councilman Poole asked if any additional street lighting had been considered along these streets. Mr. Walden answered that the street lighting was the same as originally platted, but Fox & Jacobs would consider increasing this amount. Council- man Parker was concerned with where the sidewalks would be located on the development plan. Mr. Walden answered that at this time this has not been addressed. In reading the deed restrictions, Mayor Pollard noted that they stated that the garages shall be opposite from the street. Mr. Walden advised this was in error. Councilman Poole stated that the City's engineering firm, Hunter Associates, recommended additional landscaping and asked if Fox & Jacobs had considered this. Mr. Walden answered that they had not at this time, but it certainly could be considered. Mayor Pollard asked if it would be possible to have a recess- ment for garbage if the Council did decide to have collection in front. Mr. Walden stated that they have found in other studies -2- 00188 that a recessment allows for the collection of water and does create a safety problem. Councilman Sample stated that he still was concerned with 9arbage pickup, particularly in the front. However, the Council also expressed concern with the easement that is necessary between the two back homes if garbage collection is along the alleyway. Councilman Parker stated that he personally felt that front garbage pickup does provide for a cleaner neighbor- hood than back pickup. There followed a general discussion regarding front, back and side easements on this property, and Mr. Walden explained to Councilman Sample the actual yardage that would be allowed to be fenced by each individual homeowner. Councilman Parker clarified that Jn this area the original amount of homes to be constructed was 117. In the cluster development, 177 homes will be built. This creates only 60 additional single-family dwellings. Councilman Poole also clarified that, in their origi- nal request, there would be 241 homes built, with 120 homes under 1,000 square feet and now Fox & Jacobs has agreed to limit to 44 units the number of homes under 1,000 square feet. Mr. Walden did concur with those figures and added that this reduction was the result of talks with the residents on Augusta and Hale. At this time, Mayor Pollard recognized those from the audience to speak for or against this zoning. Larry Darrow, a resident on Nervin, stated that there were two main issues. He was concerned that the utilities could be adjusted properly to this higher density. He also stated that, although he was not concerned with this actual concept, he was concerned with the location, as it will create traffic problems in the neighborhood. He reminded the Council that this was close to an elementary school and many children do use the roadways. Dave Calloway, a resident on Nervin, stated that he was against the concept because of the traffic flow increase. Gerry Sube of 4621 Jenkins Circle, stated she was concerned that parking would be a problem ~n this area and thus create further traffic congestion. She also suggested that the existing streets of Jenkins or Chapman be opened also to FM #423. Steve Robb, a resident on Nervin, stated that he did disagree with the theory that a cluster development is a deterrent to crime. He also was concerned that fire protection could not be adequately provided in this concept. He did ask what the projected cost of these units would be. Mr. Walden answered the cost would start in the high $40,000 range. Mr. Bob Evans, of 4635 Nervin, stated that he also was concerned with parking and traffic flow in this area. Councilman Poole stated that she would.like to look at the concept of closing Nervin and opening Larner. Mr. Walden answered that this is certainly a possibility. There followed a general discussion of street widths and traffic flow. Mr. Walden advised the Council that it is impossible to design a foolproof street, and that many times when a street is designed wider than 27 feet, it does encourage speeding in that area. A member of the audience asked Mr. Walden if Fox & Jacobs had considered other locations. Mr. Walden said they did choose this location for the proper mix. Fox & Jacobs tra- ditionally does not put all of the same type of housing in one area. Mayor Pollard then recognized Robert Huckaby, a resident on Augusta Street. He stated that he was concerned with the value of his home being lowered by this type of development near him. Helen Gray was recognized. She stated that she felt this concept will create more rental property in The Colony. Kent Peterson, of 4608 Nervin, stated that he objected to the clusters because of traffic. Cathy Huxley, of 4520 Augusta, asked what street would be open to Highway 121. Mayor Pollard stated that Fox & Jacobs has agreed to open Blair Oaks from Arbor Glen to Highway 121 to help with traffic flow in the neighborhoods east of FM #423 during the construction period on FM #423. Kenneth O'Neil, of 4516 Augusta, stated that he was concerned what this type of neighborhood would look like in ten years. He added he had lived in other areas with high density housing, and it does increase the crime rate. He asked also if the City Council had asked Fox & Jacobs to come up with innovative housing. Mayor Pollard stated that the Council was concerned with creating affor- dable housing in The Colony. Mayor Pollard also stated that he felt like the primary concerns of those present tonight were traffic -3- flow and property value, not necessarily the cluster concept. There followed a general discussion of appearance of the cluster concept, and Mr. Walden advised the Council that they would consider landscaping and possibly even putting a window in the garage which faces the public street to eliminate a fort-like appearance from the public street. Mayor Pollard also advised those present that The Colony does have an adequate water supply for this area. After further general discussion, Councilman North moved to close this Public Hearing. Seconded by Councilman Poole, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 5. PUBLIC HEARING REGARDING A CHANGE IN ZONING FOR A SPECIFIC USE PERMIT TO SELL LIQUOR, BEER AND WINE IN A SHOPPING CENTER ZONING AT GRIFFIN SQUARE SHOPPING CENTER LOCATED ON THE NORTH- EAST CORNER OF THE INTERSECTION OF SOUTH COLONY BOULEVARD AND FM #423 UPON THE REQUEST OF SCOTT STONE WITH WILLIAM S. SHARP III ACTING AS AGENT Mr. I. R. Bradburry, Director of Community Development, presented to the Council for their review the site plan for Griffin Square Shopping Center and noted that the area in which the liquor store would be located is in Lease A, Suite 314. He advised the Council that the plat of Griffin Square Shopping Center has been approved previously and, of course, is presently under construction. He stated that the Planning and Zoning Commission did approve Mr. Sharp's zoning change request with no conditions to that request. He advised the Council that Mr. Sharp was in compliance with City Ordinance No. 161 and further stated that the Council did have an interior layout of the store to review and that his sign would be in compliance with the City's sign ordinance. At this time, Councilman Poole asked Mr. Bradburry if a traffic light had been requested at the intersection of FM #423 and South Colony Boulevard. Mr. Bradburry did advise her that traffic signalization has been requested at that intersection as well as the intersection of North Colony Boulevard and FM #423. At this time, Mayor Pollard recognized Mr. Bill Sharp, who would be the owner of the liquor store. He stated that he was present to answer any questions that the Council might have regarding his establishment and stated that he was looking forward to establi- shing a nice working rapport with the City and his customers and providing to his customers the best value. Mr. Bradburry at this time stated that a Specific Use Permit does go to the owner of the property. Councilman Sample said this should be checked on prior to the passage of the ordinance. There were no comments from the floor for or against this zoning change. Councilman Poole moved to close the hearing. Seconded by Council- man Parker, the motion carried by the following vote: Ayes: All members present voted aye Noes: None 6. DISCUSSION OF MEDICAL RADIO EQUIPMENT AND BUDGET ALLOCATION FOR SAME Mr. Sartain, City Manager, requested that the Council table this, as he would like to review further the actual equipment requested to be purchased, the financing arrangements, as well as the total operations of the Fire Department. Councilman Parker moved to table. Seconded by Councilman Sample, the motion was carried by the following roll call vote: Ayes: Ail members present voted aye Noes: None 7. CONSIDERATION OF AWARDING BID FOR POLICE VEHICLES AND AUTHORI- ZATION ORDINANCE ON SAME Mayor Pollard recognized Councilman North. Councilman North did state that previously he did question the advisability of -4- going with the low bid on this item, however, since that time, he has done a study of several cities and his conclusion from that study is that the 1982 Chrys]ers are more mechanically sound than models of other years. He added that the transmissions have been holding up better than previous models. He did note that the Council did have in their packets a memorandum from Chief Ristagno stating that he still agreed with his original recommendation for the purchase of the Dodge Diplomats, and that he concurred with this recommendation. Councilman North then moved to award the bid to Lone Star Dodge in the amount of $73,194.52 and pass the authorization ordinance on same. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. DISCUSSION OF PROPOSED WEED ORDINANCE Mayor Pollard requested that they not review this in detail at this meeting but put it on the agenda for the January 10th meeting. The Council concurred with this request but stated they would like a recommendation from staff on Section No. 4. It was so noted. 9. CLOSED DOOR SESSION DEALING WITH PENDING LITIGATION AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED CIVIL STATUTES AS AMENDED Mayor Pollard announced that the Council would now meet in a closed door session. Upon reconvening in open session, Councilman Poole moved that the meeting be adjourned. Seconded by Councilman Parker, the motion was carried by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard adjourned the meeting at 10:00 p.m. G~F~E POLLARD, MAYOR ATTEST: JANICE~ROLL}~CI~2 SECRETARY -5-