HomeMy WebLinkAbout12/19/1996 City Council MINUTES OF THE CITY COUNCIL MEETING
HELD ON
DECEMBER 19, 1996
The Special 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 19th day of December,
1996, at City Hall with the following roll call:
William W. Manning, Mayor Present
Bill Longo, Councilmember Present
Mary Watts, Councilmember Present
David Stanwick, Councilmember Present
Wilma Avey, Councilmember Present
John Dillard, Councilmember Arrived at 7:30 p.m.
David Kovatch, Councilmember Present
and with six present, a quorum was established;
DeVille Hubbard, Commissioner Present
John Anderson, Commissioner Present
Brian Baker, Commissioner Present
Steven Swerdloff, Chairman Absent
Gloria Rudel, Commissioner Present
Joe Agnew, Commissioner Present
Barbara Crocker, Commissioner Present
and with six present, a quorum was established and the following items were addressed:
1. PLEDGE OF ALLEGIANCE
2. JOINT PUBLIC HEARING ON APPLICATION OF WILLIAM E. COTHRUM,
MASTERPLAN FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY
ZONED AS SINGLE FAMILY RESIDENTIAL DISTRICT (SF), SEEKING TO
AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP
OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED
PROPERTY A SPECIFIC USE PERMIT FOR WIRELESS COMMUNICATION
ANTENNAS AND AN EQUIPMENT CABINET
ON AN EXISTING WATER TOWER, LOCATED EAST OF
BLAIR OAKS DRIVE ON THE NORTH SIDE OF CLOVER VALLEY DRIVE
Mayor Manning opened the public hearing for the Council. Commissioner Joe
Agnew opened the public hearing for the Planning and Zoning Commission. Johnny Smith,
City Manager, gave a brief overview of request. Sam Chavez, City Planner, further
explained proposition for antennas and noted that staff has recommended approval. Donna
Halstead, representing PrimeCo Personal Communications, explained that they are seeking
permission to use our water tower to mount antennas so they can provide service to citizens
of The Colony. She continued by giving brief background of PrimeCo and commented on
safeguards for proposed antennas. After discussion, Councilmember Longo asked if the
antennas would interfere with television reception. Ms. Halstead responded that there
would be no interference. Councilmember Longo then inquired about the cabinet to be
placed on the tower as to what damage would occur if water tower relief valve opens. Ms.
Halstead responded that the cabinet is sealed and should not cause a problem. She further
explained that the transmitted power was less than 100 watts and should pose no danger to
anyone near the tower. After further discussion, Mayor Manning and Commissioner Agnew
closed the respective public hearings.
3. CONSIDERATION OF RECOMMENDATION TO THE CITY COUNCIL ON
THE APPLICATION OF WILLIAM E. COTHRUM, MASTERPLAN FOR A
CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS SINGLE
FAMILY RESIDENTIAL DISTRICT (SF) SEEKING TO AMEND THE
COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY
AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A
SPECIFIC USE PERMIT FOR WIRELESS COMMUNICATION ANTENNAS
AND AN EQUIPMENT CABINET
ON AN EXISTING WATER TOWER, LOCATED EAST OF
BLAIR OAKS DRIVE ON THE NORTH SIDE OF CLOVER
Motion to approve S.U.P. subject to staff stipulations and recommendations - Baker; second
- Hubbard; carried with all members voting Aye.
4. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
ESTABLISHING SPECIAL USE PERMIT NUMBER 59, PROVIDING FOR
WIRELESS COMMUNICATION ANTENNA AND EQUIPMENT CABINET
UPON PROPERTY LOCATED EAST OF BLAIR OAKS DRIVE, ON THE
NORTH SIDE OF CLOVER VALLEY; AMENDING THE OFFICIAL ZONING
MAP, AND PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY, AND
AN EFFECTIVE DATE
Motion to approve - Kovatch; second - Longo, carried with all members voting Aye.
5. JOINT PUBLIC HEARING ON APPLICATION OF MOSTAFA SETAYESH,
THE DIMENSION GROUP FOR A CHANGE OF ZONING ON PROPERTY
PRESENTLY ZONED AS BUSINESS PART DISTRICT (BP) SEEKING TO
AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP
OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED
PROPERTY A SPECIFIC USE PERMIT FOR A BEVERAGE STORE FOR THE
SALE OF BEER, WINE AND/OR LIQUOR FOR OFF-PREMISE
CONSUMPTION; AND THE RELATED SITE PLAN
NORTHWEST CORNER OF THE INTERSECTION OF
F.M. 423 AND STATE HIGHWAY 121
Mayor Manning and Commissioner Joe Agnew opened public hearings.
Gary_ McClure, 4925 Roberts, stated this was against the image outlined by the EDC
and personally wants to object to liquor stores on S.H. 121. He asked that item be
postponed until 1/6/97 until possibilities can be considered. He then read a letter written
by Jerry Sebastian, 7033 Northpointe, who also objects to liquor stores on S.H. 121.
Teresa Sidwell. 3953 Teal Cove, asked for clarification of this request when request
for Centennial Liquor Stores was postponed until 1/6. Mr. Smith explained the application
process and public hearing requirement. Councilmember Watts continued to explain agenda
for this meeting was set prior to action taken during the 12/16 Council meeting. Ms.
Sidwell added these issues need to be resolved quickly.
Robin Hull. 5952 Sandhill Cr., stated she attended the 12/16 meeting and heard
several residents express opposition to liquor stores on S.H. 121. She continued that the
Council expressed concerns regarding legality of denying S.U.P. to Centennial. Everyone
had valid points and growth is inevitable. She stated that citizens chose to live here because
of family appeal. She pointed out that the police should not be taken out of the city to
monitor liquor stores and does not want to see Council only "put out fires." She wants to
see a master plan of development on the 121 Corridor.
At this time Jeff Stone, owner of property at northwest corner of F.M. 423 and S.H.
121, briefly explained history of the proposal. He further explained that liquor stores can
be limited due to deed restrictions. He continued by saying The Colony has excellent
opportunities for growth but must move quickly or developers will go to other areas. He
explained that he had done everything possible to limit the possibility of other liquor stores,
but asks support. After a question by Councilmember Watts, Mr. Stone explained that deed
restrictions could not be changed since a lending institution must be named as owner in
addition to the property owner. Bank would allow sale of business but not deed restriction
amendment. Commissioner Baker pointed out that we don't want people of other
communities coming in to South Colony to buy liquor when traffic could better be handled
on S.H. 121, from a planning point of view. Mr. Stone responded that the ideal situation
is keep the traffic outside the city and away from your families. Councilmember Watts
pointed out that the we want to have a favorable image to citizens of other communities.
Mr. Stone responded that the Council has all the control of physical construction of
buildings and signs in place. Discussion followed regarding traffic concerns.
Councilmember Watts said the amount of frontage on 121 is very limited and the property
on 121 is something EDC can use to attract other businesses. Councilmember Dillard
clarified that the City nor EDC owns the property and clarified with Mr. Stone that the
intent was not to sell an illegal product. Councilmember Dillard added he did not
understand the controversy over this issue. After continued discussion, Mr. Stone added that
now we have a great opportunity to bring business to The Colony since we have lost some
to Frisco already.
David Bayliss, 4001 Heron Cove, representing Stewart Peninsula Homeowners
Association, stated that The Colony is on the verge of becoming a really good or really bad
city. He feels we should say no to these businesses and that, to other developers such as
Chili's, Olive Garden, etc., a liquor store is not an enticement.
John Watts, 7008 Sample, stated that :the image of liquor stores is not conducive to
the area. He would like to see people come to The Colony to see the lake not buy alcohol.
He added that he knows there are Christians on the Council and asks them to vote their
conscience and listen to what the people want.
Councilmember Watts mentioned the concern about lawsuits and stated she had
talked with the City Attorney and asked if she could personally be sued. Attorney John Hill
responded that she could be sued but he did not feel the lawsuit would be successful. He
continued that voting in a legislative capacity, a court would grant immunity.
Councilmember Watts stated, in her opinion, the majority of the citizens want this Council
to vote no.
Mr. Stone again addressed the Council, stating he has no intentions to sue the City.
James Chafin, 5916 Osprey Ct., believes the citizens would like to see a Chili's type
business rather than liquor stores.
After discussion, Mayor Manning and Commissioner Agnew closed the public
hearings.
6. JOINT PUBLIC HEARING ON APPLICATION OF MOSTAFA SETAYESH,
THE DIMENSION GROUP FOR A CHANGE OF ZONING ON PROPERTY
PRESENTLY ZONED AS BUSINESS PARK DISTRICT (BP) SEEKING TO
AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP
OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED
PROPERTY A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE
FOR OFF-PREMISE CONSUMPTION; AND THE RELATED SITE PLAN
NORTHWEST CORNER OF THE INTERSECTION OF
F.M. 423 AND STATE HIGHWAY 121
Mayor Manning and Commissioner Agnew opened the public hearings. Mayor
Manning commented that the Council knows where the citizens present at the meeting stand
on this issue. Mr. Jeff Stone reminded Council that denying this will send a message to
other developers who cannot afford to get to this point and have it fail. After discussion,
Mayor Manning and Commissioner Agnew closed the public hearings.
7. CONSIDERATION OF RECOMMENDATION TO THE CITY COUNCIL ON
THE APPLICATION OF MOSTAFA SETAYESH, THE DIMENSION GROUP
FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS
BUSINESS PARK DISTRICT (BP) SEEKING TO AMEND THE
COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY
AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A
SPECIFIC USE PERMIT FOR A BEVERAGE STORE FOR THE SALE OF
BEER, WINE AND/OR LIQUOR FOR OFF-PREMISE CONSUMPTION; AND
THE RELATED SITE PLAN
NORTHWEST CORNER OF THE INTERSECTION OF
F.M. 423 AND STATE HIGHWAY 121
Motion to approve recommendation - Hubbard; second - Baker, carried with a unanimous
roll call vote.
8. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
ESTABLISHING SPECIAL USE PERMIT NUMBER 60, PROVIDING FOR A
BEVERAGE STORE UPON PROPERTY CURRENTLY ZONED FOR THE (BP)
BUSINESS PARK DISTRICT LOCATED AT THE NORTHWEST
INTERSECTION OF STATE HIGHWAY 121 AND F.M. 423/MAIN STREET;
AMENDING THE OFFICIAL ZONING MAP, AND PROVIDING FOR A
PENALTY, SAVINGS, SEVERABILITY, AND AN EFFECTIVE DATE
Motion to approve - Dillard; second - Stanwick
Councilmember Avey stated the agenda item does not say special use permit is for
beer and wine and public was not properly informed. Pete Eckert, City Attorney, after
looking over agenda, stated that notice was sufficient.
No - Longo, Watts, Avey, Kovatch
Aye - Stanwick, Dillard, Manning
Motion fails.
Motion to postpone consideration to 1/6/97 - Longo; second - Dillard;
No - Stanwick, Dillard,
Aye - Longo, Watts, Avey, Kovatch, Manning
At this time, Commissioner Barbara Crocker left the meeting.
9. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
ESTABLISHING SPECIAL USE PERMIT NUMBER 61, PROVIDING FOR THE
SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION UPON
PROPERTY CURRENTLY ZONED FOR THE (BP) BUSINESS PARK
DISTRICT LOCATED AT THE NORTHWEST INTERSECTION OF STATE
HIGHWAY 121 AND F.M. 423/MAIN STREET; AMENDING THE OFFICIAL
ZONING MAP, AND PROVIDING FOR A PENALTY, SAVINGS,
SEVERABILITY, AND AN EFFECTIVE DATE
Mayor Manning commented that Planning and Zoning has been unable to make
recommendation. No action will be taken.
10. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING
AND ZONING COMMISSION ON APPLICATION OF TRUMAN EDMINSTER,
CARTER AND BURGESS, INC, SEEKING TO AMEND THE PLANNED
DEVELOPMENT 8 (PD-8) ZONED FOR THE (SF) SINGLE FAMILY
RESIDENTIAL DISTRICT TO ADD APPROXIMATELY FORTY (40) ACRES,
DESCRIBED BELOW, FOR SINGLE FAMILY RESIDENTIAL USES
GENERALLY LOCATED WEST OF F.M. 423, NORTH OF
NORTH COLONY BOULEVARD AND WEST OF
ETHRIDGE DRIVE IN UNINCORPORATED DENTON COUNTY
Mayor Manning and Commissioner Agnew opened public hearings. Truman
Edminster, Carter and Burgess, made a brief presentation and gave history of proposal.
Rusty Nichols, Stewart Peninsula Partners, briefly explained the traffic study. Discussion
continued regarding traffic considerations and alternatives. Councilmember Stanwick asked
if at the golf course, there was only one entrance and would there be a clubhouse. Mr.
Nichols explained a proposed clubhouse would be a six-sided building similar in appearance
to a recreation center. It would be approximately 1,500 square feet with porches all around
and a light on top which rotates to give a "lighthouse look" if agreeable with the Corps. A
rendering is not yet ready to show.
Councilmember Avey, "I just wanted to know what changes you are making on the
P.D. [Next comment undistinguishable] First of all, the addition of B-47" Mr. Nichols, "No,
we're only asking to amend by [noise from audience] the 40 acres through the existing PD."
Councilmember Avey, "On the original ..." Mr. Edminster, "I'm sorry, B-4 was already
amended possibly a year and a half to two years ago. Actually, City Council [could not
understand next couple of words] so that was already taken care of through P&Z and the
City Council." Councilmember Avey, "OK. And E-2 through the school?" Mr. Edminster,
"Yes, because ..." Councilmember Avey, "What about the original?" Mr. Edminster, "Yes,
we're doing all this from the original that was first passed. There was an amendment that
was made to that in [pause] that was revised February 22, 1995." Ms. Avey, "F-3 and F-4
... were not on the original, do we have an amendment?" Mr. Edminster, "They were not
a part of that." [Councilmember Avey made a comment not distinguishable.] Mr.
Edminster, "F-3 and F-4 are a part of this 40 acres." Ms. Avey, "Your number of lots have
changed from your original." [The next few comments made by Ms. Avey were not
distinguishable.] Mr. Edminster, "Right, we've just divided the configurations. What you
see, before you, we have devised concept plans that are suitable for [undistinguishable]
approximately 180 feet east of tract lot, in other words, the Johnson tract lot came straight
through here, the original Stewart Blvd hit approximately 180 feet east of that ... with lots
backing up to that property line. Due to reconfiguration of the concept plans relocating
where Stewart Blvd. would come through, that this caused a minor alteration in there and
that's why we have resubmitted the concept plan as part of this package. Now, uh, what
we're doing as a consequence of this, everybody knows that out on Stewart Peninsula, all
this property is void of trees. The only trees we have are along the fence lines. We have
gone through, in fact, I just completed this just this week to see if there's a way we can save
a vast majority of the trees out there on Stewart Peninsula with all these fence lines. The
answer to that is yes, we can. What we've been able to do is widen this collector street in
a ... manner such as we can get these trees into parkways along the street
[undistinguishable]. So specifically to say yes, we're [undistinguishable] small differences
that are in that because of relocation where Stewart Blvd. would go." Ms. Avey,
"[undistinguishable]. Mr. Edminster, "No, unless it was part of the original zoning." Ms.
Avey, "So you are now changing it from 400-500 feet to [undistinguishable]." Mr. Edminster,
"No, that's a part of the original zoning." Ms. Avey, "No." Mr. Edminster, "Yes it was, Ms.
Avey, I was here and I have to say that the C-1 zone was a part of the original package that
was submitted before P&Z, voted on by the City Council and approved on 7/5/94. Ms.
Avey, "I believe that's the copy I have and I was just looking at the typical lot size of a tract
[undistinguishable]." Mr. Edminster, 'Tll read to you from the C-1 zoning area which says
that they will be typical lot sizes 25 feet by 100 foot depth, the same thing if you attach 40
foot width by 100 foot depth." Ms. Avey, "[Undistinguishable]. Mr. Edminster, "No, I'm not
sure what you're reading from, but that ... all I can say is that the approved copies that I
have state that 25' foot wide depth." Ms. Avey, "OK." Mayor Manning, "Truman, the area
you've got there does it impact the present zoning case?" Mr. Edminster, "No, it does not."
Mayor Manning, "Then we need to get on with the discussion." Ms. Avey made a comment
to Mayor Manning. Mayor Manning, "I understand but we're talking about the 40 acre
tracts in your literature [undistinguishable]." Ms. Avey, "I asked about an ordinance and I
asked for the original [undistinguishable]." Mayor Manning, "Ms. Avey, if you will please
restrict your comments to the 40 acre tract or I'm going to have to call you out of order."
Ms. Avey, "I'm actually [undistinguishable] to the PD and if there were additional changes
in it, we're allowed to look at the entire PD." Mayor Manning, "If there are changes that
this causes to the other part of the PD, you're right." Ms. Avey, "And it does." Mayor
Manning (to Mr. Edminster), "Is that the case?" Mr. Edminster, "It is not the case. This
shows 40 acres has zero impact on the C-1 area." Mayor Manning and Ms. Avey continued
talking at the same time. Mayor Manning, "If you'll just hold it for one moment. Is there
anything in that 40 acre tract as it is posted on our agenda affect anything on the rest of the
Stewart Peninsula Development?" Mr. Edminster, "The only alterations we have, Mayor,
is the [undistinguishable] is to keep our addition wide along Stewart Blvd." Mayor Manning,
"And what affect has that had and in what areas has that had an effect." Mr. Edminster,
"That's had an effect in this E-2 area and this area here which was originally called the F-1
area, I believe. To keep a symmetry of what we have, that I called this part the E-2 area
and if it's the wish of the P&Z and Council, to call it back F-1 again is fine with me. But
the plan I'm looking at, Stewart Blvd. is the division line between different categories. As
a consequence this caused that plan number." Mayor Manning, "In that case we can discuss
the E-2 and E-1 area [undistinguishable]." Ms. Avey asked a question which was
undistinguishable. Mayor Manning, "It is the E-2 area next to the 40 acre tract, right?" Ms.
Avey, "If it's anything outside the 40 acres [undistinguishable] to PD, Council and the
Planning and Zoning have the right to look at the entire PD..." Mayor Manning, "No,
Ma'am, I'm sorry. You are out of order. I will not hear your comments. If you want to
address those things which this 40 acre tract specifically impacts, you may discuss it, but
we're going to be all night arguing over something that's been done two years ago." Ms.
Avey, "[undistinguishable] we can look at it [undistinguishable." Mayor Manning, "We can
look at those two areas it impacts." Ms. Avey, "We can look at the entire PD." Mayor
Manning, 'When I'm afraid I must call your comments out of order. If you want to schedule
a work session to revisit this whole thing..." Ms. Avey, "I think I have tried that once..."
Mayor Manning, "And it failed because there was lack of interest by the Council." Mr.
Edminster, "Ms. Avey, could I ask you how the moving of Stewart Blvd. affects the C-1
parcel? Let's look at it the other way around." Ms. Avey, "Actually [undistinguishable] we
have the right to look at the entire PD andany.;amendment to it." Mr. Edminster, "I'm just
asking your opinion [undistinguishable]. Mayor Manning, "Let's look at it this way, Ms.
Avey, you have five minutes to give your comments." [Ms. Avey commented but it was
undistinguishable. Several people started talking at once.]
David Bayliss, commented that at one point in time, there was to be a lap pool. Mr.
Nichols responded that as the community develops, he sees a need for another park and
another recreation center with a lap pool primarily for adults rather than children. He
added that's in the planning stages. Mr. Bayliss then inquired about an additional fire
station.
Discussion followed regarding the master plan for the area in respect to substation
for emergency services.
Robin Hull, asked that no new development be allowed until traffic problem is
resolved.
After additional discussion regarding townhomes proposed for the area, Mr. Nichols
said there would be 848 homes total with 570 lots left to be developed. He anticipates
selling approximately 100 homes per year.
Councilmember Avey, "Since our last discussion, I've talked with the attorney, and
asked that he [undistinguishable], I was asking questions to see what changes there were.
So, you say if there cannot be ... if there are changes, you cannot look at the entire PD.
Is that right?" Mayor Manning, "That's my understanding, yes." [Pete Eckert made
comments here and there were further comments by Ms. Avey which were
undistinguishable.] Her point was that if there were changes, the entire PD could be
reviewed. Sam Chavez, City Planner, added that changes made were administrative in order
to clean up the ordinance. No amendments were made to change density. [Several more
comments were made here by Ms. Avey which were undistinguishable]. Ms. Avey, "Mr.
Nichols, you said the original was 25 feet." Mr. Nichols, "It was actually optional, 25' had
certain requirements and 30 or 40' had other requirements that was in our option. We don't
know what the market was then. I've circulated some renderings and some pamphlets."
Discussion followed regarding the size of lots. Mr. Edminster clarified that the former F-1
area is now E-2. Further discussion continued regarding lot sizes. Councilmember Avey
inquired how many trees would be added. Mr. Edminster responded that was unknown.
Councilmember Avey then asked about a time line. Mr. Edminster said that would be
presented to Planning and Zoning on 1/14/97. When asked when the entire PD would be
developed, Mr. Nichols responded that it would be approximately six to eight years.
Motion to close public hearing - Stanwick; second - Dillard; carried with all members
voting Aye.
Mayor Manning and Commissioner Agnew closed public hearings.
11. CONSIDERATION OF RECOMMENDATION TO THE CITY COUNCIL ON
APPLICATION OF TRUMAN EDMINSTER, CARTER AND BURGESS, INC,
SEEKING TO AMEND THE PLANNED DEVELOPMENT 8 (PDo8) ZONED
FOR THE (SF) SINGLE FAMILY RESIDENTIAL DISTRICT TO ADD
APPROXIMATELY FORTY (40) ACRES, DESCRIBED BELOW, FOR SINGLE
FAMILY RESIDENTIAL USES
GENERALLY LOCATED WEST OF F.M. 423, NORTH OF
NORTH COLONY BOULEVARD AND WEST OF
ETHRIDGE DRIVE IN UNINCORPORATED DENTON COUNTY
Motion to approve with staff stipulations - Baker; second - Hubbard; carried with
unanimous roll call vote.
14. CONSIDERATION OF APPROVAL OF A PRELIMINARY PLAT ON THE
BELOW DESCRIBED PROPERTY AS PRESENTED BY STEWART
PENINSULA DEVELOPMENT
GENERALLY LOCATED WEST OF F.M. 423, NORTH OF
NORTH COLONY BOULEVARD AND WEST OF
ETHRIDGE DRIVE IN UNINCORPORATED DENTON COUNTY
Commissioner Agnew advised that no action would be taken on this item at the
request of Rusty Nichols, Stewart Peninsula Development.
Commissioner Agnew adjourned the Planning and Zoning Commission meeting at
9:30 p.m.
12. CONSIDERATION OF AN ORDINANCE ANNEXING ADJACENT AND
CONTIGUOUS TERRITORY TO THE CITY OF THE COLONY, TEXAS;
FINDING THAT ALL THE NECESSARY AND REQUIRED LEGAL
CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA
SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND
INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHT AND
PRIVILEGES OF OTHER CITIZENS
GENERALLY LOCATED WEST OF F.M. 423, NORTH OF
NORTH COLONY BOULEVARD AND WEST OF
ETHRIDGE DRIVE IN UNINCORPORATED DENTON COUNTY
Motion to approve - Stanwick; second - Dillard
Councilmember Watts asked about an agriculture rollback. Mr. Smith responded
that the appraisal district would determine that. Councilmember Longo expressed concern
that the homeowners' association in that area would be responsible for a lot. Mr. Nichols
explained that the developer has the responsibility to meet shortfall and that developer pays
dues until lots are sold. Councilmember Longo asked if the City would have to carry any
of the burden. Mr. Nichols said until the homeowners can take over the association, the
developer carries the burden and maintains the area in order to sell homes.
Councilmember Avey asked if the PD incorporating 40 acres is contingent on annexation
or if the annexation was contingent on the PD. Mr. Edminster responded that the --
annexation of the property has to be done prior to zoning.
Motion carried with all members voting Aye.
13. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THE COLONY AMENDING APPENDIX A-ZONING, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY, BY APPROVING
AMENDMENT OF THE PLANNED DEVELOPMENT 8 (PD-8) ZONED FOR
THE (SF) SINGLE FAMILY RESIDENTIAL DISTRICT TO ADD
APPROXIMATELY FORTY (40) ACRES, DESCRIBED BELOW, FOR SINGLE
FAMILY RESIDENTIAL USES
GENERALLY LOCATED WEST OF F.M. 423, NORTH OF
NORTH COLONY BOULEVARD AND WEST OF
ETHRIDGE DRIVE IN UNINCORPORATED DENTON COUNTY
Motion to approve - Kovatch; second - Dillard; carried with unanimous roll call vote.
With no further business to address, the mayor adjourned the meeting at 9:40 p.m.
APPROVED:
William W. Manning, Mayor
ATIIEST:
aR~hann Devlin, Deputy City Secretary