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HomeMy WebLinkAbout06/12/2012 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION JUNE 12, 2012 After determining that a quorum was present, the Planning and Zoning Commission of the City of The Colony, Texas convened into regular session which was held on Tuesday, June 12, 2012 at 6:30pm in the City Council Chambers located in City Hall, 6800 Main Street, The Colony, Texas, at which time the following items were addressed: Board Members Present: Brian Wade, Chairman; Eddie McCormick, Vice Chairman; Debbie Morrison; Richard Bambury; Cesar Molina, Jr. and Shannon Hebb. Board Members Absent: Karen Hames. Staff Present: Mike Joyce, AICP, Development Services Director; Gordon Scruggs, Engineering Director; Ed Voss, City Attorney; and Felicia Campa, Development Services Coordinator. 1.0 CALL REGULAR SESSION TO ORDER Chairman Wade called the meeting to order at 6:30 Pm. 1.2 Citizen Input No citizen input was received. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the May 8, 2012 Regular Session. It was moved by Commissioner Molina to approve Item 2.1, seconded by Commissioner Bambury. Motion carried (4-0-2). Commissioner Morrison and Commissioner Hebb abstained due to absence. 3.0 PUBLIC HEARINGS 3.1 SUP12-0001, Rusty Taco Restaurant Alcohol Sales Conduct a public hearing and consider making a recommendation to City Council regarding the approval of a Specific Use Permit (SUP) to allow the sale of alcoholic beverages for on- premises consumption at Rusty Taco Restaurant within a General Retail zoning district, located on the east side of Main Street (FM 423), approximately 775 feet south of South Colony Boulevard. The address is 4900 Main Street. Mr. Joyce presented the staff report which has two purposes. One is to consider approval of a Specific Use Permit (SUP) to allow the sale of alcoholic beverages for on-premises consumption at Rusty Taco Restaurant within a General Retail zoning district. Second is to rescind a Specific Use Permit (Ordinance No. 2010-1850) which was approved by City Council on March 22, 2010 to permit an animal hospital in this location. Chairman Wade opened the Public Hearing. No one came forward to speak. Minutes of the Planning and Zoning Commission June 12, 2012 Page 2 of 6 Chairman Wade closed the Public Hearing. There were no questions from the Commissioners. It was moved by Vice Chairman McCormick to recommend approval of Item 3.1 as stated and to rescind Ordinance No. 2010-1850 which approved a Specific Use Permit to operate an animal hospital at this location, seconded by Commissioner Morrison. Motion carried (6-0). 3.2 SUP12-0002, Temporary Batch Plantfor the Widening of FM 423 Conduct a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow a temporary concrete batch plant within an Office zoning district located on the west side of Main Street, approximately 600 feet north of Hetherington Circle on approximately 1 acre, for the State sponsored FM 423 (Main Street) widening project. Commissioner Hebb recused himself due to a possible conflict of interest due to his employer. Mr. Joyce presented the staff report. Commissioner Molina asked if there was a need to change the hours of operation to allow work on Sundays in order for the project to remain on schedule after approval of the Specific Use Permit. Would the Specific Use Permit be required to be resubmitted by the applicant for approval to operate outside the list hours and workdays of operations proposed? Mr. Joyce responded affirmatively. He continued by stating that the Commission could recommend allowing a set number of additional days of work within the proposed Specific Use Permit; however, as it reads currently, the applicant would need to resubmit an amended Specific Use Permit for approval of additional workdays. Commissioner Molina stated he would be in favor of allowing more flexibility of the time restrictions by allowing the City Manager the right to make the determination of what is considered appropriate should additional work days be needed. Commissioner Bambury asked why the applicant is requesting the specific location instead of using the same location for the batch plant as was used during the North Colony Boulevard widening. Mr. Joyce responded that the applicant was looking for a more centralized location to serve all areas of construction in the City. Chairman Wade asked if a temporary chain link fence would be erected for security on the site in addition to the silt fence which is typically approximately two (2) feet tall. Mr. Joyce responded that in all likelihood, yes, but the Commission could require a temporary chain link fence for security within the Specific Use Permit. Chairman Wade asked if a specific height could be required. Minutes of the Planning and Zoning Commission June 12, 2012 Page 3 of 6 Mr. Voss followed up in asking staff if there is a specific requirement for fence heights within construction sites. Mr. Joyce responded in stating that there are no specific requirements for fence heights within construction sites, however, the maximum fence height allowed by ordinance is eight (8) feet, six (6) inches. Chairman Wade recommended that the Commission to require a security fence on the property. Commissioner Morrison asked if the lighting will be directed toward the materials on the property or spread out along the property. Mr. Joyce stated that lighting would be required to be directed away from the homes on the other side of Main Street. He continued by stating that unless the project gets really behind, there is not a high likelihood that the work would continue into the evenings. Commissioner Morrison asked about security lighting on the property at night. Mr. Joyce responded that the lighting will be downcast lighting that will not interfere with the residential neighborhood across Main Street (FM 423) from the temporary batch plant. Chairman Wade stated as indicated on the staff report, the applicant will have a minimum of four (4) lanes open at any given time. He continued by asking why the applicant would shut down a lane and if the applicant would have a deceleration lane going south. Mr. Joyce responded that TxDOT has stated that during construction, it is their goal to have four (4) lanes open for public travel at all times. Chairman Wade asked if the Commission could require for TxDOT to have a deceleration lane since it is their right-of-way. Mr. Joyce responded that TxDOT can add a deceleration lane, b deceleration lane. He continued by stating that TxDOT will not want the construction to be a safety hazard. Chairman Wade asked that since the City could not require a decel lane travelling south, it is at TxDOT's discretion whether they add a deceleration and turn lane for northbound traffic. Mr. Joyce responded affirmatively. Chairman Wade stated that there is a concrete flume that runs parallel to Main Street and dispenses into Lake Lewisville. He continued by asking if TxDOT would be doing anything to prevent debris from the site from being dispensed into Lake Lewisville. Mr. Joyce responded that a silt fence would be around the perimeter of the construction site that would be maintained. Chairman Wade asked if vegetation will be removed from the site. Minutes of the Planning and Zoning Commission June 12, 2012 Page 4 of 6 Mr. Joyce responded that vegetation on the site will be removed and then the site will be graded and leveled off. He continued that an agreement has already been put in place between TxDOT and the property owner for how the property will be left after completion of the project. Mr. Joyce added that part of the agreement is the grading of the site for the property owner to possibly develop in the future. Chairman Wade opened the Public Hearing. No one came forward. Chairman Wade closed the Public Hearing. It was moved by Commissioner Morrison to approve Item 3.2 with the stipulation to allow work to be conducted on up to three Sundays per year, for the City Manager to be allowed to approve additional days as needed on an emergency basis and to require a security fence not to exceed eight (8) feet, six (6) inches in height on the property, seconded by Commissioner Molina. Commissioner Molina proposed an amendment to the verbiage that the number of days of additional work to be conducted be determined as necessary by the City Manager and/or his designee in writing, which was accepted by Commissioner Morrison. Motion carried (5-0-1). Commissioner Hebb abstained. 3.3 SUP12-0003, Spec's Liquors and Fine Foods Alcohol Sales Conduct a public hearing and consider making a recommendation to City Council regarding the approval of a Specific Use Permit (SUP) to allow the sale of alcoholic beverages for off- premises consumption for Spec's Liquors and Fine Foods within the Business Park zoning district, located on the northeast corner of The Sam Rayburn Tollway (SH 121) and Blair Oaks Drive. The address is 4901 Sam Rayburn Tollway (SH 121). Mr. Joyce presented the staff report. Commissioner McCormick asked if Spec's is to be located at the corner of Blair Oaks and SH 121, with there being a 1,000 foot requirement for alcohol sales, would it prohibit a private club, bar or restaurant with a bar to be located along SH 121. Mr. Joyce responded that as long as the new business did not derive seventy-five (75) percent or more of their profit from alcohol sales, the business could locate within 1,000 feet of the proposed site. Commissioner Bambury asked why the staff is recommending the verbiage within the Specific Use Permit to state that a minimum of twenty (20) percent of the business' retail sales shall be other than alcoholic and other beverages. Mr. Joyce responded that the recommendation is at the discretion of the Commission. He continued by stating that Spec's is not a typical liquor store, as they sell foods to complement the alcohol that is sold at the establishment. Commissioner Hebb asked if the 1,000 foot restriction from other liquor stores, churches and schools had been measured to ensure the requirement had been met. Mr. Joyce responded affirmatively. Minutes of the Planning and Zoning Commission June 12, 2012 Page 5 of 6 Commissioner Hebb stated that he believes the school seems to be closer. Mr. Joyce assured that staff has verified the distance through the City's GIS (Geographic Information System). Commissioner McCormick stated he fears that allowing the Specific Use Permit would set precedence with the site being a key location in the City that could be utilized for other types of businesses. He continued by stating that as a resident of the City for twenty (20) years, the City has gone from having three (3) entrances to six (6) and only two (2) of the six (6) entrances currently do not have a liquor store. If the City allows Spec's to locate at this location, there would only be one (1) Gateway entrance without a liquor store. Commissioner McCormick further explained that this entrance to the City provides access to the high school and is utilized by visiting cities for sporting events. He continued by stating that the Gateway Overlay District was put in place to create an image of the City and doesn't believe a liquor store is the image the City wants to project. Mr. Joyce responded that there are four (4) additional pad sites proposed adjacent to this pad site in this area of SH 121 that can be utilized for restaurants or other uses. He continued by stating that the Commission has the option to approve, approve with conditions or deny the Specific Use Permit that is being proposed; however, he is very confident that Spec's would be entirely compliant with the Gateway Overlay District requirements should the Specific Use Permit be approved. Mr. Joyce further explained that he has seen a proposal of the site plan for the proposed business and indicated that the loading docks will be shielded from public view by a masonry wall as just one of the Gateway Overlay District regulations being met. Mr. Joyce stated that other cities compete to have a Spec's locate in their city and invited the Commissioners to visit one of the existing Spec's located in the Dallas area to understand the concept of their business. Commissioner Morrison stated that there is a Spec's located in College Station, Texas, as well. Commissioner McCormick asked the applicant if the word `liquor' is on the signage. Tommy Crowell, a representative for the developer Standridge Companies, located at 3008 East Hebron Parkway, Building 300 in Carrollton, Texas stated that Spec's is determined to create more of a family atmosphere, which is different from other liquor stores and does not want to create an undesirable establishment for the City. Commissioner Hebb asked if the business establishment is considered to be more of a delicatessen with the option to purchase alcohol, rather than a liquor store. Mr. Crowell responded that to say the establishment is a deli and the by-product is alcohol would be false. He followed up in stating that of the primary source of income is from the sale of alcohol, however, the concept is to be for all-inclusive sales for parties or events. Mr. Crove 11 continued by stating that with the addition of the deli, the daytime population may come it to have lunch, but essentially if a patron does not want liquor, they will probably not enter the store. Chairman Wade opened the Public Hearing. Minutes of the Planning and Zoning Commission June 12, 2012 Page 6 of 6 Tiffany (no last name given), a resident of 10543 Buccaneer Point in Frisco, Texas stated that she has been a resident of the City since childhood and the City was known as the City by the liquor store. She continued in stating that she works for a competitor and feels like the addition of this liquor store is unnecessary as there are enough liquor stores within the City to cater to the community. Tiffany stated that she feels it is a danger to put a liquor store close to the high school and may become a traffic hazard being located so close to an off-ramp of the Sam Rayburn Tollway. No one else came forward to testify and Chairman Wade closed the Public Hearing. Commissioner McCormick asked the applicant if there will be an age limit to the patrons. Mr. Crowell stated that the store is mandated by the state, therefore the patron must be 21 years of age or older, or accompanied by an adult. Commissioner McCormick asked if the primary function of the business is the sale of alcohol, not food. Mr. Crowell responded that the sale of food is part of their marketing, but the sale of alcohol makes up the bulk of their sales. It was moved by Vice Chairman McCormick to deny Item 3.3 as stated, seconded by Commissioner Hebb. Motion failed (2-4). It was moved by Commissioner Morrison to approve Item 3.3 as stated, seconded by Commissioner Bambury. Motion carried (4-2). Vice Chairman McCormick and Commissioner Hebb opposed. There being no further questions or discussion, Chairman Wade adjourned the meeting at 7:20 p.m. Bri ade, Chairman eli is Ca pa, Recordi g Secretary