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HomeMy WebLinkAbout07/10/2012 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION JULY 10, 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, July 10, 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 and Shannon Hebb. Board Members Absent: Karen Hames and Cesar Molina Jr. Staff Present: Mike Joyce, AICP, Development Services Director; Brooks Wilson, AICP, Senior Planner; Gordon Scruggs, Engineering Director; and Felicia Campa, Development Services Coordinator. 1.0 CALL REGULAR SESSION TO ORDER Chairman Wade called the meeting to order at 6:32 Pm. 1.2 Citizen Input No citizen input was received. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the June 12, 2012 Regular Session. 2.2 FP12-0001- Old Ameriean Golf Clubhouse Addition, Lot IR Consider approval of a revised final plat of Lot 1, Block A of the Old American Golf Clubhouse Addition and a portion of an unplatted tract of land in the T.D. Luckett Survey, Abstract No. 752 and the S. Payton Survey, Abstract No. 1009, into one lot, Lot 1R, Block A of the Old American Golf Clubhouse Addition, being a 1.34 acre tract of land, located on the southeast side of Lebanon Road. The address is 5001 Lebanon Road. Commissioner Bambury stated that there is an error Item 2.1 as the motion for Item 3.3 within the minutes of June 12, 2012 was seconded by Commissioner Bambury. It was moved by Commissioner Morrison to approve Items 2.1 & 2.2 with the revision to Item 2.1, seconded by Commissioner Bambury. Motion carried (5-0). 3.0 PUBLIC HEARINGS 3.1 SP12-0004, Revised Site Plan for the Old Ameriean Golf Clubhouse Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding the approval of a revised site plan for the Old American Golf Clubhouse to add a second building to the site for the storage of golf carts, on approximately 1.34 acres, located on the southeast side of Lebanon Road. The address is 1001 Lebanon Road. Mrs. Wilson presented the staff report. Minutes of the Planning and Zoning Commission July 10, 2012 Page 2 of 10 Commissioner Hebb asked if there is a stipulation to require for the cart barn to match the architecture and style of the clubhouse. Mrs. Wilson stated no. She followed up in stating that the clubhouse is designed as an old- fashion clubhouse whereas the cart barn is proposed to be designed as a barn. Commissioner Hebb asked if the addition of the cart barn will open up space within the clubhouse for other uses. Tom Juhn of JBI Partners, 16301 Quorum Drive in Addison, Texas, engineer on the project, stated that the existing clubhouse will utilize the space that is currently used for cart storage for other purposes, such as a kitchen and meeting space. Commissioner Hebb asked since the footprint of the clubhouse will change in use, would requirements for parking change. Mrs. Wilson responded no. She followed up in stating that a golf course requires 30 parking spaces, regardless of the number of buildings or number of persons using the course. There are 60 spaces already existing in the parking lot. Chairman Wade opened the Public Hearing. No one came forward to speak. Chairman Wade closed the Public Hearing. It was moved by Commissioner Morrison to recommend approval of Item 3.1 as stated, seconded by Commissioner Hebb. Motion carried (5-0). 3.2 PDA12-0001, Amendment to The Tribute Planned Developments, PD-18 and PD-23 Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding an amendment to Planned Developments 18 and 23 regarding the addition of signage regulations to the PD-18 and PD-23 ordinances. The property is located on the east and west sides of Lebanon Road, and is commonly known as The Tribute Peninsula. Mrs. Wilson presented the staff report. Commissioner Morrison asked if the print on the signs will be large enough to be legible for vehicular travel. Mrs. Wilson responded that in meeting with the developer, staff suggested they test different fonts and sizes to ensure legibility for vehicular travel at the speeds within the area. Commissioner Morrison asked if the signs will be presented to the Commission for approval prior to placement. Mrs. Wilson responded that the developer would be required to submit permits for approval of the signs and although the developer has the final decision as to context, font size and style, staff will make suggestions if necessary. Minutes of the Planning and Zoning Commission July 10, 2012 Page 3 of 10 Commissioner Morrison asked if there is a limit to the number of signs to be placed. Mrs. Wilson stated that the limit for each type of sign is indicated within the proposal. She continued by explaining the limit on each type of sign as indicated within the proposal. Commissioner Bambury asked if the only sign that does not conform to the current sign ordinance is the entry feature sign. Mrs. Wilson responded yes, as well as the median entry feature. Commissioner Bambury stated that his concern is that approval of this Item would set a precedent. He continued by asking if there are plans in the near future to change the sign ordinance or would this request be an exception to the rule. Mrs. Wilson responded that the request would be considered an exception to the rule and apply only within the PD. She continued by explaining that the Tribute is an isolated peninsula of the City and the speeds on Lebanon should validate the utilization of larger signs. Commissioner Hebb asked if the color on the visual rendering of the median entry feature is accurate. Kathy Cunningham of Matthews Southwest, 1660 S. Stemmons Freeway in Lewisville, Texas, stated that the materials that will be used for the median entry feature are similar to the current entry feature, which are gray. Chairman Wade opened the Public Hearing. No one came forward to speak. Chairman Wade closed the Public Hearing. It was moved by Commissioner Bambury to recommend approval of Item 3.2, seconded by Commissioner Hebb. Motion carried (5-0). 3.3 PDA12-0002, Amendment to The Cascades Planned Development, PD-16 Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding an amendment to Planned Development 16 regarding allowed land uses within a 45.27 acre portion of the undeveloped Tract B of The Cascades Planned Development. Tract B is located between S.H. 121 (south boundary), Memorial Road (north), South Colony Boulevard (east) and a proposed undeveloped right-of-way (west). Tract B contains 66.12 net acres. Mrs. Wilson presented the staff report. Vice Chairman McCormick asked why the regulations for building materials are different between a two story multiple family building and a three story multiple family building. Mrs. Wilson stated that the two story buildings will be closer to the single family residential and the developer is proposing that the two story multiple family building requirement of 75% masonry would be more compatible to the adjacent single family requirement of 70% masonry. Minutes of the Planning and Zoning Commission July 10, 2012 Page 4 of 10 Vice Chairman McCormick asked if the building materials are a recommendation by staff or proposed by the developer. Mrs. Wilson responded that the building materials were proposed by the developer, but supported by staff. Michael Sealy, the Vice President of Development and Construction for Sealy & Company Inc., 8401 N Central Expressway, Dallas, Texas 75225, provided the Commission with examples of renderings for the style and design of the proposed multiple family units. Vice Chairman McCormick asked if the design is similar to those in Austin Ranch. Mrs. Wilson responded affirmatively. Mr. Sealy stated that the proposal is for Memorial Drive to be bordered with units that are 75% masonry, whereas the units further into the development would have a greater percentage of stucco. Vehicular travel along Memorial Drive would not see the first or second floor of the three story units. Commissioner Hebb asked why the proposal includes a request for sixty foot tall pylon sign. Mr. Sealy stated that with the proposed bridge to be constructed on South Colony Boulevard to extend over S.H. 121, they anticipate that a forty foot tall pylon sign would not be visible for vehicular travel going west on S.H. 121, however a sixty foot tall pylon sign would be visible. Mrs. Wilson stated that staff has an alternate proposal to allow pylon sign height to be twenty feet taller than the apex of the future bridge roadway, which will allow for visibility without having a specific height requirement. Mr. Joyce followed up in stating that this issue is similar for existing overpasses along S.H. 121. The staff is looking into the height of the existing S.H. 121 overpasses to determine if a variable pylon sign height requirement might be feasible to allow business signage to be seen better without the signage becoming totally obnoxious. Vice Chairman McCormick asked what the reasoning is behind staff's assessment of not allowing pylon signs along South Colony Boulevard. Mrs. Wilson responded that the pylon signs are allowed only along S.H. 121 since it is a freeway. However, once city limits are entered from S.H. 121, as it would be along South Colony Boulevard, allowing pylon signage does not incorporate a small town feel, therefore staff recommends allowing pylon signage only along S.H. 121. Vice Chairman McCormick asked if there will be a deceleration turn lane created to turn into the property. Minutes of the Planning and Zoning Commission July 10, 2012 Page 5 of 10 Mrs. Wilson responded that any ingress/egress to the property would be determined when the developer submits a detailed development plan at a future date. She continued by stating that the intent of the current submittal is to determine if the City will allow for the development to occur. Mr. Joyce followed up in stating that staff has looked at a conceptual plan provided by the developer for the development of the property and has discussed ingress/egress as well as cross easements with the developer. Chairman Wade asked if the staff s alternative pylon sign height proposal for the height of pylon signs has been presented to the applicant. Mr. Joyce responded no, as the proposal was discussed for the first time earlier today. He continued by stating that staff doesn't want to prohibit people from seeing the business signage; however, he believes there should be some type of rational nexus to allow signs higher than the 40 foot maximum height requirement found in the City's Sign Ordinance. Chairman Wade asked if the topic needs to be tabled in order to determine an appropriate sign height. Mr. Joyce responded no, as it is a Planned Development ordinance; therefore, the ordinance can be tailored to the specific property location. Chairman Wade asked that even if the Commission recommends approval of the ordinance as stated today, the applicant has the option of requesting an amendment to the ordinance in the future. Mr. Joyce responded affirmatively. Commissioner Hebb asked if there were any plans for the drainage swale that runs through the property. Mr. Sealy responded not at this time, but the swale would be improved to maintain the drainage requirements for the property at the time of development. Commissioner Hebb asked if the ingress/egress plans need to be approved by TxDOT. Mr. Gordon Scruggs, Director of Engineering, responded that TxDOT reviews ingress/egress plans for access to the service roads on S.H. 121. Chairman Wade opened the Public Hearing. No one came forward to speak. Chairman Wade closed the Public Hearing. It was moved by Vice Chairman McCormick to approve Item 3.3 including staff recommendation to not allow the two (2) exceptions to pylon signage requested by the applicant, seconded by Commissioner Hebb. Motion carried (5-0). Minutes of the Planning and Zoning Commission July 10, 2012 Page 6 of 10 3.4 Z12-0004, Lots 77 thru 88 of Garza Little Elm Lake Estates Rezone Conduct a public hearing, discuss, and consider making a recommendation to City Council on a proposed rezoning request from General Retail (GR) with a proposed rezone to Light Commercial (LC) for Lots 77 through 88 of Garza Little Elm Lake Estates, 0.88 acres, located at 7228, 7300, and 7320 Main Street. Mrs. Wilson presented the staff report. Commissioner Morrison asked what will happen to the rest of the businesses within the block. She followed up in asking if 200 foot notification was done. Mrs. Wilson responded that the adjacent businesses would not be affected and the required notification was completed. Vice Chairman McCormick asked where the northern border for the Gateway Overlay District is located. Mrs. Wilson pointed to the northern border of the Gateway Overlay District on a zoning map. Vice Chairman McCormick asked if there is already an existing car lot on Main Street within the Gateway. Mrs. Wilson responded affirmatively. Mr. Joyce followed up in stating that many of the lot issues that arise are from within Eastvale and there are some non-conforming uses within the area of Eastvale that do not comply with current regulations. Vice Chairman McCormick asked if that is the same with all the existing businesses within the Gateway, that as long as businesses don't change anything on their property, they can remain non-conforming. Mrs. Wilson responded affirmatively. Vice Chairman McCormick commented that if the rezone is approved, we would have one business that conforms to the Gateway Overlay Regulations, which would in turn stick out in visual appearance since the other businesses in the area are not required to conform. Mrs. Wilson responded affirmatively and followed up in stating that planning is, at times, an incremental process and when the opportunity arises to require properties to be brought up to code, even when adjacent businesses may not be required to conform for many years, but will be brought up to code eventually. Mr. Joyce followed up in stating that there are several properties in the vicinity that have been brought up to code. He continued by stating that most of the time, staff uses the Comprehensive Plan to determine if the proposed business will comply with the overall intent, however, in this case, there is an inherent conflict between zoning as the Gateway Overlay District and policy as Minutes of the Planning and Zoning Commission July 10, 2012 Page 7 of 10 the Comprehensive Plan. Mr. Joyce stated the reason for staff's recommendation is based on the allowance of outside storage within the Gateway Overlay District and what the image of this area will be in the future. He continued that by allowing the zoning change fits within the Comprehensive Plan but also pointed out that approval of the zoning change would allow for a general commercial use within a general retail use, but would not be considered spot zoning, and ultimately, it is up to the Commission to make a decision as to their recommendation to City Council on the zoning change. Vice Chairman McCormick asked if anything was brought up at the time the Certificate of Occupancy was applied for. Mrs. Wilson responded affirmatively. She continued by stating that when the gentleman came in requesting the Certificate of Occupancy, it was explained to him that within the General Retail zoning district, he would be allowed to do indoor auto sales but could not have outdoor display without a zoning change or a Specific Use Permit. Mr. Joyce followed up in stating that part of the problem with the property is bringing it into conformance with the Gateway Regulations. The ordinance reads that 25% or more of the building has to be changed or added before the Gateway Regulations are triggered in order to be fair for a business to do minor remodeling. He continued by stating that this property didn't trigger the compliance requirement for the Gateway Overlay District because there was not improvement of 25% or more on the property. Vice Chairman McCormick asked if there is any hardship which has restricted the owner from conforming to code. Lewis Jue of 7228 Main Street located in The Colony, Texas 75056, owner of writ on the property, stated that 80% of the area is currently non-conforming. He followed up in stating that staff's recommendation was a surprise to him as he has had multiple meetings and conversations with staff and was never advised that staff was going to recommend denial. Mr. Jue explained that there is an auto dealership who has outside display just north of his property, sells between five (5) and eight (8) vehicles per month, whereas the business that is currently requesting the zoning change is averaging only one (1) vehicle sale per month due to the absence of outside display. He continued by stating that an application was initially proposed to be submitted for a Specific Use Permit, however, he thought that a rezoning application would be just as easy of a process for possible future business based on the Comprehensive Plan. Mr. Jue stated that he would like to correct a few items within the staff report: 1. On page 2, referencing the foundation on the vacant lot. Mr. Jue stated that a building never existed on the property. He continued by stating that the foundation was poured for a building, but decision changed after foundation was poured to proceed with the construction. 2. On page 4, referencing the square footage of the building located at 7228 Main Street. Mr. Jue stated the square footage for the entire building is 2,800 square feet; however, the business is only operated out of 1,400 square feet (1st floor). He continued by stating that it how he understood it was that the number of required parking spaces is determined by the square footage of the space that is utilized for the operation of the business. Mr. Jue followed up in stating that the building at 7300 Main Street has a total square footage of 4,800 square feet, with the Tire Shop occupying 1,600 square feet and Low Price Auto Sales occupies 3,200 square feet with the Minutes of the Planning and Zoning Commission July 10, 2012 Page 8of10 showroom being only 2,000 square feet. He stated that he is unsure as to how the parking requirements are determined. 3. Mr. Jue stated that there is no sidewalk located in front of the properties and continued by stating that there is no sidewalk in front of City Hall Annex, therefore city property is non- conforming to the Gateway Overlay District regulations. Mr. Jue said that TXDOT is taking five (5) feet in front of his building, he believes for a sidewalk. Mr. Jue stated that there is a curb cut which will remain after the widening of Main Street (FM 423). He said that if the car sales business remains, the business owner is aware that he would have to pave the rear of the lot to accommodate parking and vehicular display, at his expense. Mr. Jue followed up in stating that he disagrees with staff recommendation with the reason that the business is not in the best interest of the citizens in The Colony when the business offers vehicles for sale for as little as $5,000 and used tires for $25. He stated that with the economic instability of the City, the business offers a viable expense for consumers. Chairman Wade asked what Mr. Jue plans to do to improve the appearance of the property. Mr. Jue responded that as he can afford to, he will make improvements to the property to conform to the Gateway Overlay District requirements. Chairman Wade asked what Mr. Jue would be willing to do to improve the appearance of the property and come into compliance with the Gateway Overlay District requirements as far as parking, landscaping, etc. Mr. Jue responded that as he can afford to, he will make improvements to the property to conform to the Gateway Overlay District requirements. He continued by stating that if anything new is done, the property will have to become compliant, however, there are many requirements that would not be able to be achieved without relocating the buildings on the property. He thinks the buildings are located too close to the road and will be located closer with the widening of Main Street (FM 423). He followed up in stating that the parking lot was repaved and striped when he moved in, but has become damaged over time. Chairman Wade reiterated what Mrs. Wilson stated about planning being incremental changes over time. He continued by asking what visual improvements will be made if vehicles are placed outside on the property. Mr. Jue responded that the parking lot will be paved. Commissioner Hebb asked if the road is moving in five (5) feet or is the curb staying where it is and providing a five (5) foot buffer. Mr. Scruggs responded that TXDOT will have a fourteen (14) foot parkway from the right-of- way to edge of curb, so there may be approximately one (1) foot one way or the other that will change. Chairman Wade asked if there will be utilities between the right-of-way and the back of curb, so with a five (5) foot sidewalk, there will be nine (9) feet of space for utilities. Minutes of the Planning and Zoning Commission July 10, 2012 Page 9 of 10 Mr. Scruggs responded affirmatively and continued that the trail will be on the west side of Main Street (FM 423). Commissioner Hebb asked if that means that the space TXDOT assumes for utilities cannot be used for the parking of vehicles. Mr. Scruggs responded affirmatively. Commissioner Hebb asked if there is a driveway, will TXDOT be putting in a curb to keep vehicular travel off the sidewalks. Mr. Scruggs responded that TXDOT probably will not as the sidewalk varies within the right-of- way between two (2) to four (4) feet. Mr. Joyce followed up in stating that a lot of the right-of-way was taken from the west side of the street. Mr. Scruggs stated that TXDOT will saw cut the pavement at the right-of-way line, grade it and make adjustments. Commissioner Hebb stated that Mr. Jue's parking lot may become narrower. Mr. Jue responded that his main concern is the safety of his clients and staff. He stated that if after the widening of Main Street (FM 423), the parking doesn't appear to be safe for his employees and clients; he will relocate them to the other side of the building. Mr. Jue followed up in stating that the handicapped parking spaces were not required, but will relocate those as well if necessary. Commissioner Hebb asked if the property was to become completely compliant within the Gateway Overlay District, would it require for the building to be demolished and reconstructed further back on the property. Mr. Joyce responded affirmatively, if the compliance was to the letter of the law, however; staff can work with the business to find a solution to their specific situation that will meet the intent of the regulations. Commissioner Hebb asked if staff is attempting to meet the intent of the regulations with Mr. Jue. Mr. Joyce responded affirmatively. He continued by stating that Mr. Jue didn't go into details as to the improvements he plans to make on the property, as staff and Mr. Jue know that he will need to make some improvements to the property, but at this point, the discussion has been strictly on the zoning change. Chairman Wade opened the Public Hearing. Minutes of the Planning and Zoning Commission July 10, 2012 Page 10 of 10 Fernando Gonzalez, resident of 5008 Aztec in The Colony, Texas stated that he wanted to clarify that he was not compensated to relocate the building; he was compensated to relocate the materials from one building to another. Chairman Wade asked if Mr. Gonzalez owned the property located on Main Street. Mr. Gonzalez responded the property on Main Street was leased. Chairman Wade asked where Mr. Gonzalez's current business is located. Mr. Gonzalez responded that his business is Colony Car Care located on Elm Street. Chairman Wade closed the Public Hearing. Executive Session was convened at 7:57 pm. Regular Session reconvened at 8:20 pm. It was moved by Vice Chairman McCormick to approve Item 3.3 as stated, no one seconded. It was moved by Commissioner Bambury to deny Item 3.3, seconded by Commissioner Morrison. Motion carried (4-1). Vice Chairman McCormick opposed. There being no further questions or discussion, Chairman Wade adjourned the meeting at 7:20 p.m. Bri d , Chairman J" LL LL-2 elic' Campa, Recordi g Secretary