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HomeMy WebLinkAbout02/15/1988 City Council 00': MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 15, 1988 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 15th day of February, 1988 at City Hall with following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-tem Present Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Present Harvey Bradley,Councilman Present Marlene Poole,Counci]man Present and with all members present a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Amick led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America 2. CITIZEN INPUT Bill Burkhart, 5073 Aztec, announced that a local chapter of American Association of Retired Persons (AARP) was being formed and that the Charter meeting will be held March 9, 1988 at the Rec Center. Mr. Burkhart said the meetings will be held every Monday thereafter and hope to provide the City with volunteers to do work within the City of The Colony. Bob Poynter, 5008 N. Colony, thanked the City for the improvement made at the corner of Blair Oaks and North Colony with regard to the median, which he had brought to the attention of the Council a few weeks before. 3. PUBLIC HEARING ON APPLICATION ON O.B. CHAPMAN, TO CHANGE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY SO AS TO GIVE PROPERTY, DESCRIBED BELOW, PRESENTLY ZONED AS SHOPPING CENTER A SPECIFIC USE PERMIT CLASSIFICATION FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR ON-PREMISE CONSUMPTION: 5204 SOUTH COLONY BOULEVARD, SUITE 400 Councilman Glazener moved to open the Public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. Mr. Bob van Til summarized the request, stating that six notices had been mailed and no responses had been received. Mr. van Til said that P & Z had reviewed this case and does recommend approval, noting that Mr. O.B. Chapman was present to answer any questions from Council. Councilman Harris asked if this was a grandfathered location. Mr. van Til stated that when the use ceased with the closing of the previous business, the zoning also became void and another SUP is necessary to re-open. Councilman Poole moved to close the Public Hearing and Councilman Bradley seconded the motion which carried with all members voting Aye. 4. PUBLIC HEARING ON APPLICATION OF REDWOOD DEVELOPMENT TO CHANGE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY SO AS TO GIVE PROPERTY, DESCRIBED BELOW, PRESENTLY ZONED AS AGRICULTURAL A SINGLE FAMILY 4 (sf-4) AND SHOPPING CENTER DISTRICT CLASSIFICATION: WYNNEWOOD PENINSULA, 1 MILE WEST OF FM 423 AND SOUTH OF BOYD ROAD Councilman Poole moved to open the Public Hearing and 00289 Councilman Bradley seconded the motion which carried with all members voting Aye. Mr. Bob van Til summarized the request, stating that Mr. Nichols had requested this zoning change, that three notices had been mailed and no responses had been received. Mr. van Til did say that some opposition had been voiced from the residents at Wynnewood Haven Estates, noting that area is outside the City of The Colony. Mr. van Til said that Deed Restrictions had been made a part of the zoning case and would be part of the Ordinance. Mr. van Til also stated that the P & Z had reviewed the case but had not been able to make a recommendation due to a 3 to 3 tie vote, going on to say that Mr. Art Anderson representing Redwood Development was present to answer questions. Mayor Amick asked if Chairman Fuimara of the P & Z would address the Council regarding the tie vote. Mr. Fuimara said there were three problem areas: 1) Boyd Rd. needs more improvements. 2) County road owner needs clarified. 3) Percentages need to be changed. Fuimara went on, Boyd is like Crider Rd, it is not consistent with The Colony and P & Z want further work on it before approving this case. He said it is a County road. Mayor Amick asked if the developer offered to bring it up to standards. Mr. Fuimara said the developer will pay a portion. There was then a discussion regarding the county road and how it cuts through the property. Mr. Fuimara said the percentages in the packet show 60% and P & Z had asked for 40%. Mr. Fuimara said a petition had been received from 67 Wynnewood Haven Estates residents opposing this zoning due to traffic and house size. Pete Greer, President Wynnewood Haven Estates Home Owner Association, 76 Wind Jammer Dr., Frisco, related three reasons the residents are opposed to the zoning: 1. Ecological - this is a habitat for nesting water fowl and other birds. There is lots of stress in a congested area and the Redwood Development would increase that stress and the crime rate. The residents want the lot and home sizes increased. The residents do not see a need for 25 acres of retail in this area and The Colony businesses agree, Mr. Greet said. Mr. Greer went on to say that the residents do not pay city tax to The Colony but they spend approximately $300,000.00 a year within The Colony. 2. Traffic Study - the one done was inappropriate for the area 3. Economic - the house sizes will decrease the re-sale value on the Wynnewood Haven Estate homes now in existence. From a tax standpoint, if the Council is a group of vision, they will upgrade the whole area which will ultimately benefit of The Colony and Wynnewood Haven Estates. Mr. Greer ended by stating that they are not opposed to the development. Rebecca Brown, 3600 Villa Nova, Dallas, representing Cynthia Adams, her sister, stated that the Nichols received their land the same way she and her sister did, and that was by a trust from their grandparents. Ms. Brown said she was notified of the zoning case and that she is an adjacent land owner. Ms. Brown said she does not think a shopping center in that area will enhance the quality of life, going on to say that a split P & Z vote should tell the Council this is not an open and shut case. Ms. Brown noted several items she felt inaccurate and also mentioned that this area is in the Little Elm School District and they (Little Elm) do not want to release the territory. Ms. Brown asked the Council to please be careful when considering this case. Don Curtis, 80 Wind Jammer Dr., Frisco, said The Colony is a 00Z89o unique example of a growing community with responsible government, stating that when a city expands, it usually tries to preserve farm ]and and green belts. Mr. Curtis said the residents in Wynnewood Haven Estates are concerned that those areas will be destroyed to construct inferior type housing and retail areas, going on to say that if larger homes were ~bui!~,.it would enhance the entire area. Mr. Curtis also noted that traffic is a greater problem and respectfully asked the Council to disapprove the plan. Art Anderson, 6400 First Republic Bank Properties, addressed the Council representing the Owners, Nichols Trust and Redwood Property Development. Mr. Anderson said there is a letter in the packets regarding the County road problem and that the owner and the City have mutual interests and concerns, going on to'say that he knows this is an important case because it is the first one on Wynnewood Peninsula. Mr. Anderson said there are several advantages and disadvantages to being in the City of The Colony. Mr. Anderson said the first phase is 145 acres and the second phase is 193 acres which Redwood will request to have annexed into the City of The Colony, stating that they want a quality development because this is the front door to the rest of their property and they realize the Council is responsible for ensuring quality developments. Mr. Anderson then covered the particular areas that had brought about the opposition: The houses in Wynnewood Haven are nice, but the infrastructure is not up the City standards, ie, no sewer and water, all over head lines, pavement inferior, and no curb and guttering. In the new development all of those things will be up to City standards, noting there was extensive investment by the developer to make these improvements, in the amount of approximately $4 million. Mr. Anderson said 3 acres had been dedicated for either a fire sub station or a park Lot size - this is the first time we have heard anything about lot size House size - There was a discussion regarding 1500 sq. foot minimum, noting that is the minimum in the Estates. Redwoods position is that the market place will determine the size and no development is ever built will all minimum size housing, going on to say that this area will be monitored to be sure only a certain percentage of the homes will be the minimum. Mr. Anderson said that the developers thought 60% would be better but if the Council requests 40% then they will change. Mr. Anderson said they plan to begin immediately but that the commercial tract is a 40 year build out and that out of 350 acres they only want 25 acres for commercial, stating that they feel it is important to have some commercial close to home and that it will keep traffic from getting onto 423 quite as much. Because it is a long term development, the impact will be negligible, stating that 90% of the business will come from the Peninsula itself not into the Peninsula from 423. Traffic - Problems and questions regarding impact in three areas: 1. Boyd Rd. - this is a 2 lane county road, scheduled to become 4 lanes, but that is up to the County. 2. FM 423 - impact on traffic load. 3. Intersection of 423 and Boyd Rd. - John Ragland did a traffic study on the entire development and this first phase of development. 1. Boyd Rd - The study calculated trips and found no adverse impact. Our engineer, the City's engineer and staff all agreed, noting it is a substandard road and that the property owners will eventually be assessed for the improvements, going on to say that $150,000 will be escrowed with the City to be used as is necessary to handle the improvements.to this road. 2. FM 423 - impact of the trips is not significant enough to warrant additional improvements at this time. 3. Intersection of 423 and Boyd - Traffic consultants agree that no improvement is needed at this time, however we realize it is important from a safety standpoint to include a left turn land and have agreed to do so. Mr. Anderson said that this is not an issue that should be addressed on a purely economic basis, but that Redwood feels it is reasonable, and with the Deed restrictions, will be a quality development. Mayor Amick asked Mr. Anderson to point out the Strief property (that is the land through which the county road runs) in relation to the Nichols and Brown properties. Another resident from 68 WindJammer Dr., said that even Mr. Anderson eluded that it was dangerous to travel down 423 to go shopping and asked the Council to think about what adding 600 more cars to the traffic on 423 and onto 121 will do. He invited the Council to come and see the property in question. Mike Lynch, 4821 Roberts, The Colony, said he welcomes the tax base, but if with 4 P & Z meetings, the Board is still undecided, there must be some problems. Mr. Lynch asked when the left turn lane would be put in and stated that he has seen what heavy traffic does to the black top roads and that we don't need additional traffic. Again he asked if this is such a good deal why the P & Z split. Louise Brown, 5009 Brandenburg, stated that her family had to go outside of The Colony to "move up" (better home) so why not allow the upgrading within The Colony. Mayor Amick asked if anyone could guarantee the housing density that will be coming from the Frisco area. No one could address that issue. The Mayor recommended continuing the Public Hearing until further by Council and also due to the P & Z split. Councilman Bradley moved to continue the Public Hearing indefinitely and Councilman Spears seconded the motion which carried with all members voting Aye. Mayor Amick did say that the Council will hold a work session as soon as possible to discuss this case. 5. PUBLIC HEARING ON APPLICATION OF MIKE HAMPTON, TO CHANGE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY SO AS TO GIVE PROPERTY, DESCRIBED BELOW, PRESENTLY ZONED AS GENERAL RETAIL A SPECIFIC USE PERMIT CLASSIFICATION FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION: 5110 PAIGE ROAD, COLONY BANK ADDITION BLOCK 66 Councilman Robinson moved to open the Public Hearing and Councilman Glazener seconded the motion which carried with all members voting Aye. Mr. Bob van Til stated there had been 3 notices mailed and no responses received, going on to say this is a new development and is completely up to standard, noting that the P & Z has reviewed this case and does recommend approval. Mr. van Til said that Mike Hampton 00289 was present to answer questions. Mayor Amick at this time, stated that some questions had been raised regarding SUP's and zoning in the City for liquor stores, going on to say that the City can zone certain areas for liquor sales and that he recommends that P & Z consider establishing a retail liquor sales area in the City. Mr. Hampton asked if this zoning will effect this case and the Mayor stated it would not. Mr. Hampton said he is the architect and represents the owners of the center. Mayor Amick asked about the fitness center going in the shopping center. Mr. Hampton said they are currently selling memberships and that is it under construction now, noting that there will be $100,000 worth of equipment, saunas, etc. in the center. Councilman Glazener asked if a moratorium on further SUP for liquor sales will be initiated. Mayor Amick said that is not his recommendation, that the Council can vote on each case as it comes in. Councilman Harris said he would rather wait for new zoning and that future businesses of this type should be made aware of the proposed changes ahead of time. Mayor Amick directed this item to placed on the next regular Council meeting agenda. Carol Ball, 5153 Ragan said that there are 113 kids across the street from this new store daily. Mike Lynch asked if Mr. Billy Sharp, P & Z member and owner of a liquor store would be voting or abstaining on this particular issue. Chairman Fuimara stated that Mr. Sharp excuses himself from any case of this nature. Councilman Glazener moved to close the Public Hearing and Councilman Bradley seconded the motion which carried with all members voting Aye. 6. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE CITY COUNCIL MEETING HELD ON JANUARY 30, 1988 Councilman Harris moved to approve the minutes as written and Councilman Poole seconded the motion, which carried with a unanimous roll call vote. B. CON SIDERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY BY GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR BELOW DESCRIBED PROPERTY IN THE SHOPPING CENTER DISTRICT, ALLOWING THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR ON-PREMISE CONSUMPTION: 5204 SOUTH COLONY BOULEVARD, SUITE 400 Councilman Harris said he pulled this item for discussion so he could vote on it individually, stating that he is glad the Council is looking at the SUP problem, agreeing that there needs to be some restriction, going on to say that he does not want the City to turn into one large liquor store. Councilman Poole moved to approve the Ordinance as written and Councilman Bradley seconded the motion, which'carried with the following vote Harris - No, Spears - Aye, Robinson - Aye, Glazener - No, Bradley - Aye, Poole - Aye, Amick - Aye C. CON SI DERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY BY GRANTING AND APPROVING A ZONING CHANGE FOR BELOW DESCRIBED PROPERTY, CURRENTLY ZONED AGRICULTURAL, TO A SINGLE FAMILY 4 AND SHOPPING CENTER CLASSIFICATION: WYNNEWOOD PENINSULA, L MILE WET OF FM 423 AND SOUTH OF BOYD ROAD Councilman Harris moved to table the ordinance indefinitely and Councilman Bradley seconded the motion, which carried with a unanimous roll call vote. D. CON SI DE RATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY BY GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR BELOW DESCRIBED PROPERTY IN THE GENERAL RETAIL DISTRICT, ALLOWING THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION: 5110 PAIGE ROAD, SUITE 115 Councilman Poole moved to approve the ordinance as written and Councilman Bradley seconded the motion, which carried with the following vote: Harris - No, Spears - Aye, Robinson - Aye, Glazener - No, Bradley - Aye, Poole - Aye, Amick - Aye E. CONSIDERATION OF ACCEPTANCE OF A LETTER OF RESIGNATION FROM TIM SOLOHUBOW, A MEMBER OF THE PLANNING AND ZONING COMMISSION Councilman Harris moved to accept the resignation and Councilman Poole seconded the motion, which carried with a unanimous roll call vote. F. CONSIDERATION OF AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 6 OF THE CODE OF ORDINANCES, RELATING TO SIGNS Councilman G]azener pulled this for discussion, and asked how the number of signs to be allowed was determined. Mayor Amick said the re-districting committee was meeting and this was decided at that time, stating that they felt 3 would be less offensive. Councilman Glazener asked if this included in the easements. Mayor Amick said this is only in residential yards and that signs are not allowed in easements except on Election Day only. There was a lengthy discussion the number of signs necessary during an election. Mr. Ken Wood 5000 N. Colony Blvd. asked why the number of signs was limited at all, stating it could be according to how many offices are running and asked why the Council is legislating such a thing. Mayor Amick said that City government can and will legislate what is necessary to enhance the city. Councilman Bradley asked why not only one sign per person. Councilman Harris said then if only one person is running, only one sign would be allowed. Mr. Wood asked if you had 3 in your yard could you.put more on your fence. Mayor Amick said no, 3 total. Councilman Poole moved to approve the ordinance as written and Councilman Robinson seconded the motion, which carried with a unanimous roll call vote. 7. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, ORDERING AN ELECTION ON THE SEVENTH DAY OF MAY, 1988, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS FOR SAID CITY Mayor Amick read the caption of the ordinanCe as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ORDERING AN ELECTION OF THE QUALIFIED VOTERS OF SAID CITY ON THE SEVENTH DAY OF MAY, 1988, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS FOR SAID CITY Mayor Amick said the places open for election are 3, 4, 5, and 6. Councilman Harris moved to approve the ordinance as written and Councilman Poole seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO ENTER INTO 0 0 2 9 J AN AGREEMENT WITH FOX AND JACOBS, INC. FOR THE INSTALLATION OF A SIGNAL LIGHT AT THE INTERSECTION OF NORTH COLONY BOULEVARD AND PAIGE ROAD Mayor Amick said that F & J approached the City regarding the Northpointe development and that they had agreed to pay all the costs for installation o~ a signal light at N. Colony and Paige or 50% of the costs for installing a light at that intersection as well as at S. Colony at Paige. The Mayor said that with the opening of Plano Parkway nearing, the City feels the signalization at N. Colony and Paige will help with the impact of traffic. The City Manager recommends monitoring traffic at S. Colony and Paige before taking any action there. The Mayor said the cost is around $80,000.00 and there is no money in the budget for the light at S. Colony. Councilman Poole moved to approve the agreement and Councilman Glazener seconded the motion. Councilman Robinson said he is concerned about the traffic impact at S. Colony and Paige and is afraid the City will be forced to take some action. Mayor Amick said the staff is aware of the situation and is working on that, and that if necessary the City will address it somehow. Wayne Sandy asked if it would be a cost savings to install both at the same time, and Mr. Hall said yes it would but that the S. Colony light would cost more and that the City just does not have to money to make up the difference. Mayor Amick said that the money could be taken from the land profit that was invested but that the Council had made a commitment to protect those funds. At this time, the motion carried with a unanimous roll call vote. 9. CONSIDERATION OF THE APPROVAL OF STREET NAMES FOR PHASE I OF THE NORTHPOINTE ADDITION Mayor Amick explained that F & J had agreed the City Council should name the streets in this particular addition and stated that the streets will be named for special persons. Councilman Harris stated that the plat had come in with some names on it but that the Council had made some changes: Ellington Drive will become Sample Drive Eddie Magges Drive will become Magges Drive Northpointe Court and Drive and remain the same Parker Drive will become Blalock Drive Councilman Harris moved to approve the names as stated and Councilman Poole seconded the motion. Steve Withers said that he had a problem with Sample Drive, stating there are lots of other names to choose from, going on to say that it is not fair to name a street after former Mayor Larry Sample. Mayor Amick said there are more streets to be named and stated the criteria will be those who served full terms on the Council and then persons who deserve special recognition. Carol Ball said she is very much opposed to naming the street after someone who called this city the "fruitcake capitol of the world". At this time, the motion carried with a unanimous roll call vote. Mayor Amick at this time, stated the following items would be addressed: 10. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2F, REGARDING LAND ACQUISITION, TO-WIT: A. BOUNDARY AGREEMENT WITH THE CITY OF PLANO With no further business to address and no action to be taken regarding the closed door session, Councilman Bradley moved to adjourn and Councilman Glazener seconded the motion, which carried with all members voting Aye. Mayor Amick adjourned the meeting at 10:10 p.m. APPROVED: Don '~ic~, May~ ' ' ATTEST: ,~'~"~ ' c~s ~~eC~cretary