Loading...
HomeMy WebLinkAbout08/14/2012 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION AUGUST 14, 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, August 14, 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; Karen Hames; Cesar Molina Jr. and Shannon Hebb. Board Members Absent: None. Staff Present: Mike Joyce, AICP, Development Services Director; Brooks Wilson, AICP, Senior Planner; Gordon Scruggs, Engineering Director; Ed Voss, City Attorney; Brian McNuelty, Technical Assistant and Felicia Campa, Development Services Coordinator. 1.0 CALL REGULAR SESSION TO ORDER Chairman Wade called the meeting to order at 6:34 PM. 1.2 Citizen Input No citizen input was received. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the July 24, 2012 Regular Session. 2.2 FP12-0002 Gateway 121 Commercial Subdivision Consider approval of a final plat of Lots 1, 2 and 3, Block A of The Gateway 121 Commercial Suhdivision, being a 19.66 acre tract in the BBB & CRRR Survey, Abstract No. 173, the JB Shipps Survey, Abstract No. 1227 and the Thomas Wilson Survey, Abstract No. 1352, located on the east side of Blair Oaks Drive, between the Sam Rayburn Tollway (S.H. 121) and Memorial Drive. It was moved by Commissioner Hames to approve Items 2.1 and 2.2 as presented, seconded by Commissioner Hebb. Motion carried (7-0). 3.0 PUBLIC HEARINGS 3.1 SE12-0002, Spec's Liquors and Fine Foods - Special Exception to the Gateway Overlay Architectural Standards Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a Special Exception to Section 10A-900(D), "Building Materials and Colors" of the Gateway Overlay District section of the Zoning Ordinance for the use of stucco finish on tilt wall construction as an alternate exterior material for Spec's Liquors and Fine Foods, to be located on the northeast corner of the Sam Rayburn Tollway (S.H. 121) and Blair Oaks Drive. Planning and Zoning Commission Minutes August 14, 2012 Page 2 of 8 Ms. Wilson presented the staff report. Vice Chairman McCormick stated that it was previously discussed to remove the requirement for a Special Exception to use stucco as an exterior building material in the Gateway Overlay District and believes it is long overdue to remove the requirement. Chairman Wade opened the Public Hearing. No one came forward. Chairman Wade closed the Public Hearing. It was moved by Vice Chairman McCormick to approve Item 3.1 as presented, seconded by Commissioner Bambury. Motion carried (7-0). 3.2 SP12-0003, Spec's Liquors and Fine Foods Site Plan Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a site plan for Spec's Liquors and Fine Foods, to be located on the northeast corner of the Sam Rayburn Tollway (S.H. 121) and Blair Oaks Drive. Ms. Wilson presented the staff report. Commissioner Bambury asked how far the entrance to the proposed site is from the exit on Sam Rayburn Tollway. Gordon Scruggs, Engineering Director, stated that the exact distance exceeds requirement. Ms. Wilson followed up in stating that is one of the items they look at in review. Chairman Wade stated it is on the plat. Chairman Wade asked how tall the wall will be to screen the loading area. Mike Joyce, Development Services Director, responded six feet. Chairman Wade asked if the shrubs along the wall can be extended to soften the screening wall. Mr. Joyce responded that it can be required. Ulys Lane, Weir & Associates, 701 Highlander Blvd, Arlington, Texas stated that the applicant would be willing to do that. Commissioner Hebb asked if the wall is going to cause a problem with graffiti. Ms. Wilson stated that any graffiti would be the owner's responsibility to remove. Vice Chairman McCormick asked if the wall would be tilt-wall or stone. Ms. Wilson responded it will be a six foot masonry wall. Vice Chairman McCormick asked what the exterior material will be. Planning and Zoning Commission Minutes August 14, 2012 Page 3 of 8 Mr. Lane responded let us know the preference and the applicant would comply. Vice Chairman McCormick stated no preference, just not CMU finish. And hopes it will match the rest of the building. Ms. Wilson stated that is a requirement of the Gateway Overlay District to match the building. Chairman Wade responded that the dumpster enclosure should also match walls match the buildings. Ms. Wilson stated that the dumpster enclosure will match the building, as required by the Gateway Overlay regulations. Chairman Wade opened the Public Hearing. No one came forward. Chairman Wade closed the Public Hearing. It was moved by Commissioner Hames to approve Item 3.2 with the stipulation to require xeriscaping along Blair Oaks Drive, seconded by Commissioner Hebb. Motion carried (7- 0). 3.3 Z12-0001, Planned Development District No. 26 Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a zoning change on a tract of land totaling approximately 27.01 acres, generally located on the both sides of Waters Edge Drive and the west side of Waters Edge Court, from an Agriculture (A) zoning district to a Planned Development (PD-26) zoning district; providing the permissible uses and development standards thereof. This item was pulled from the agenda and will be renoticed for a future meeting. 3.4 SI12-0013, Revisions to the Schedule of Land and Uses Matrix Conduct a public hearing, discuss and consider making a recommendation to City Council regarding revisions to Section 10-100, Use of Land and Buildings of Appendix A, Zoning Ordinance, specifically the use, "Eating place with beer, wine and liquor" to: 1. Allow by right in the Office (0-1 and 0-2), Shopping Center (SC), General Retail (GR), Commercial (LC and HC), Industrial (1), and Business Park (BP) zoning districts in lieu of an approval of a Specific Use Permit (SUP); and, 2. Not allow this use in the Multiple Family (M-l, M-2, M-3, and M-4) zoning districts. This item was pulled from the agenda and will be heard at the August 28th meeting. 3.5 SE12-0001, The Ice House - Special Exception to the Architectural Standards Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a Special Exception to the Architectural Standards of the Zoning Ordinance for the use of stucco as an alternate exterior material for The Ice House, 5000 Main Street (FM 423). The Special Exception is requested to Section 10A-900D, Building Materials and Colors, of the Gateway Overlay District regulations of the Zoning Ordinance. Planning and Zoning Commission Minutes August 14, 2012 Page 4 of 8 Ms. Wilson presented the staff report. Commissioner Molina asked the attorney if there is any legal issue if this item is overturned. Mr. Voss stated that Council could pass it even with a negative recommendation from the Planning and Zoning Commission. Mr. Joyce added that it would take a super majority of Council if a negative recommendation was given. Mr. Joyce noted that the Ice House matches the majority of the buildings in the shopping center, which are stucco. Vice Chairman McCormick asked if the original vote was to change it from stucco to EIFS. Ms. Wilson stated City Council voted to use stucco. Vice Chairman McCormick stated EIFS has a better "R" value. Mr. Joyce stated that the applicant felt that stucco would be stand up better against possible vandalism r than EFIS and that is why the choice for stucco was made. Commissioner Hebb asked if standard operating procedures have been changed to ensure the notification error is not made again. Ms. Wilson responded that a reminder has been placed on her computer to ensure the error does not occur again. Mr. Joyce stated he also reviews every notice that goes to the newspaper and post cards which are sent out. This provides a "double check" system to insure public notice legal requirements are made in a timely manner and prevents this error from happening in the future. Chairman Wade opened the Public Hearing. No one came forward. Chairman Wade closed the Public Hearing. It was moved by Vice Chairman McCormick to approve Item 3.5 as presented, seconded by Commissioner Bambury. Motion carried (6-1), Wade opposed. 3.6 SP12-0002, The Ice House Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a Site Plan for a new automatic ice dispenser building to be located at 5000 Main Street. Ms. Wilson presented the staff report. Chairman Wade opened the Public Hearing. No one came forward. Planning and Zoning Commission Minutes August 14, 2012 Page 5 of 8 Chairman Wade closed the Public Hearing. It was moved by Commissioner Morrison to approve Item 3.6 as presented, seconded by Commissioner Molina. Motion carried (7-0). 3.7 SUP12-0004, Lots 77 through 88 of the Garza Little Elm Lake Estates Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a Specific Use Permit in a General Retail (GR) zone to allow outside display of vehicles and merchandise on a tract of land totaling approximately 0.88 acres, generally located on the east side of Main Street (FM 423). The property is located at 7228, 7300 and 7320 Main Street. (This case was formerly heard as Z12-0004) Ms. Wilson presented the staff report. Commissioner Hames stated that she was concerned with the parking issues. She stated that the office building at 7228 Main Street, which has adequate parking for the first floor only, uses some of the parking on the Meridian Wellness site. There is not adequate parking for the retail building at 7300 Main Street. Another problem is that there is no landscaping on the site. Mike Joyce, Development Services Director, explained that since both buildings fall under "legally nonconforming use" status, the city cannot enforce the parking regulations of the Zoning Ordinance since no improvements are being requested at this time. The parking at 7300 Main Street is very limited. The City has no specific parking ratios for auto sales and the retail parking ratio that is being used (1:200) will likely result in approximately 30 parking spaces which is too much parking for this type of land use. No site plan has been submitted showing any proposed parking. The only decision to be made tonight is on the granting or denying of a Specific Use Permit (SUP) to allow outside display and storage of vehicles for sale. Commissioner Morrison stated that the request for an SUP was very similar to the previous request for a zoning change. Gordon Scruggs, Engineering Director, stated that an SUP allows fewer uses than a zoning change and can be further modified by adding conditions. Commissioner Morrison added that similar requests for outside storage in that area of Main Street have been denied in the past. Vice-Chairman McCormick asked what land on would be lost due to the widening of Main Street. Mr. Joyce answered that very little will be taken from the east side of Main Street in this location - approximately three (3) feet. The majority of the right-of-way will be obtained from the west side. He added that although the subject property is located within the Gateway Overlay District, the threshold that prompt an existing development into compliance with the Gateway Overlay District will likely not be triggered with the requested SUP. The ordinance states (Section l0A- 900(A)(2)) that additions, renovations or redevelopment must comply i£ 1. Thirty-five percent (35%) of the square footage of the structure is affected, 2. The construction value exceeds 50% of the assessed value, 3. The building is vacant for 365 consecutive days, or Planning and Zoning Commission Minutes August 14, 2012 Page 6 of 8 4. The cumulative additions in a five year period meet any of the above criteria. Mr. Joyce researched the improvements that have been made to the property over the past five years and found that the declared value of the improvements did not meet the threshold for compliance with the Gateway Overlay District. Vice-Chairman McCormick asked if the Development Review Committee (DRC) had a recommendation or had reviewed the new request. Mr. Joyce said that since the case was remanded back to the Planning and Zoning Commission from the August 7th City Council meeting a week ago, no additional DRC review occurred. Vice-Chairman McCormick asked if the SUP request was in conformance with the 2007 Comprehensive Land Use Plan. Mr. Joyce answered in the affirmative. Commissioner Bambury asked about the City Council vote to remand the case back to the Planning and Zoning Commission as an SUP rather than a zoning change request. Ms. Wilson answered that since the zoning change request (Z12-0004) was recommended for denial by the Planning and Zoning Commission, the applicant chose to forgo the public hearing since he anticipated a vote of denial. The City Council discussed and then voted to remand the case back to the Planning and Zoning Commission as an SUP, since an SUP is more restrictive and can be tailored for one specific use where a zoning change would allow the property to be used in many more ways. Commissioner Hebb asked about the wording in the staff report referring to a "zoning change." Ms. Wilson explained that an SUP is actually a "zoning change" in that it changes the designation on the official Zoning Map of the city, but that it is more restrictive than straight zoning change from one zoning district to another. Commissioner Hebb asked if the applicant would be allowed to continue parking on the grass as the Zoning Ordinance calls for all parking to be on hard surfaces. Mr. Scruggs replied that since the site is a legally nonconforming use, the applicant may bring the site into more compliance, such as providing paving, without a site plan. Commissioner Hebb added that although the applicant claims to be using only the first floor of the office building at 7228 Main Street, there is no way for the city to know when and if the second floor may come into use, thus prompting the need for additional parking. Mr. Joyce explained that the use of the second story would require a new Certificate of Occupancy (CO) and at that point the expansion of use would require a site plan. However, the applicant could use the existing concrete slab for vehicle display with the approval of the SUP. Planning and Zoning Commission Minutes August 14, 2012 Page 7of8 Commissioner Hebb stated that the applicant is not complying with the Zoning Ordinance regarding parking and there is no guarantee that he will not continue to park illegally if granted the SUP. Vice-Chairman McCormick stated that the provision of parking could be a condition of approval of the SUP. Commissioner Molina suggested that, if the SUP should be approved, that a time limit be placed on it so that the Planning and Zoning Commission and the City Council could monitor the use and make an assessment in the future about its appropriateness. Ed Voss, City Attorney, stated that no time limit may be legally placed on an SUP. However, future scrutiny could be achieved by placing an agenda item on a designated future Planning and Zoning Commission meeting that reviews and assesses the appropriateness of the SUP. Mr. Voss also added that SUPs run "with the land" and not with the applicant. Commissioner Hames asked if they should consider tabling the item until a site plan was submitted. Chairman Wade asked about the lot lines and the fact that the buildings straddled lot lines. Mr. Scruggs explained that this lot configuration was typical of older city lots and blocks and that this area of the city was once a part of the Town of Eastvale. The buildings were constructed before the area was incorporated into the City of The Colony and not subject to the regulations of the Subdivision Ordinance. Any improvement to the site would trigger a site plan submittal; a site plan submittal triggers a replat submittal. The third threshold would be the Gateway Overlay District, which this site will probably not meet this threshold in the near future. Commissioner Morrison asked about access to the empty concrete slab at 7320 Main Street. Mr. Joyce said that if used for vehicle display, it would need a small ramp for access. Commissioner Hebb asked if a paved drive would be required to access the concrete slab. Mr. Scruggs said that the Engineering Department would have to look at that issue. Another option would be to put in a parking area for display, employee and customer parking. Commissioner Morrison asked if the empty concrete slab was used to display vehicles, would it have to be ADA compliant. Mr. Voss stated that ADA compliance depends on when a structure is built. If the concrete slab was in place in 1992, before the Americans with Disabilities Act was passed, then the concrete slab does not need to comply. Any new construction, however, would have to comply. Commissioner Morrison asked how ADA compliance would be achieved. Mr. Voss stated that ADA is a federal requirement and that the building permitting process reviews for ADA compliance. Planning and Zoning Commission Minutes August 14, 2012 Page 8 of 8 Commissioner Hebb asked why the City Council wanted the Planning and Zoning Commission to re-hear the case so quickly. Mr. Joyce said that the time frame was requested by the City Council. Chairman Wade stated that a similar request for outdoor display of golf carts was denied in the past. Why would this applicant expect a different outcome? Mr. Joyce answered that Councils change over time - what is denied by one City Council might be approved by another. Vice-Chairman McCormick asked about ownership of the property. Mr. Joyce stated that the property is owned by James Ramsey of Rochelle, Texas and that Lewis Jue is the leasing agent for the property at 7300 Main and the tenant at the property at 7220 Main Street. Chairman Wade opened the Public Hearing. No one came forward. Chairman Wade closed the Public Hearing. Commissioner Molina suggested two conditions to place on the SUP, should it be approved: 1. That the case return to the Planning and Zoning Commission for review and assessment within 12-18 months, and 2. That the applicant be required to provide parking for 10-15 vehicles. Mr. Scruggs suggested lengthening the time frame to two years since the completion of Main Street is expected to take between 31/2 to 4 years. Mr. Joyce added that the Planning and Zoning Commission should give the applicant a reasonable time frame to for the business to succeed. Commissioner Hebb asked if the Commission made a motion to deny and the motion failed, could the Commission make a second motion to approve with conditions. Mr. Voss answered in the affirmative. It was moved by Commissioner Hames to recommend denial of Item 3.7, seconded by Commissioner Morrison. Motion carried (6-1), Vice Chairman McCormick opposed. There being no further questions or discussion, Chairman Wade adjourned the meeting at 1~ ( ' * ' 9=~~ - Brian, Chairman ~ ~A, JO Brian MeN elty, Acting Recording Secretary