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HomeMy WebLinkAbout09/25/2012 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING (COMMISSION SEPTEMBER 25, 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, September 25, 2012 at 6:30 PM 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; Richard Bambury; Karen Hames; Cesar Molina Jr. and Shannon Hebb. Board Member Absent: Debbie Morrison. Staff Present: Mike Joyce, AICP, Development Services Director; Brooks Wilson, AICP, Senior Planner; Gordon Scruggs, Engineering Director; Ed Voss, City Attorney; Brian McNuelty, Recording Secretary. 1.0 CALL REGULAR SESSION TO ORDER Chairman Wade called the meeting to order at 6:30 PM. 1.1 EXECUTIVE SESSION The Planning and Zoning Commission shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding planning and zoning process and procedure legal issues. 1.2 RECONVENE TO OPEN SESSION Any action as a result of executive session regarding planning and zoning process and procedure legal issues. The executive session was convened at 6:31 PM. The regular session was reconvened at 7:04 PM. No action was taken. 1.3 REGULAR SESSION Citizen Input No citizen input was received. 2®0 CONSENT AGENDA 2.1 Consider approval of the minutes of the September 11, 2012 Regular Session. It was moved by Commissioner Hames to approve Items 2.1 as written, seconded by Commissioner Hebb. Motion carried (6- 0). 3.0 PUBLIC HEARING 3.1 PDA12-0003, Amendment to The Tribute Planned Development PD-18 Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding an amendment to the Balmerino Phase 2 portion of Planned Development 18 regarding revisions to development standards. The property is located on the east side of Lebanon Road on The Tribute Peninsula. Minutes of the Planning and Zoning Commission September 25, 2012 Page 2 of 4 Ms. Wilson presented the staff report. 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 3.1 as presented, seconded by Commissioner Bambury. Motion carried (6-0). 3.0 PUBLIC HEARING 3,2 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 zoning district 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 Ms. Wilson presented the staff report. Commissioner Haines expressed appreciation to the applicant for addressing the concerns from the last meetings. She noted that previous requests Cofor mmmsion~Commiss Commissioner Hames then recommended for denial by the Planning and Zoning asked if the five trees proposed on Phase I plus the two trees on Phase II proposed would meet the requirements of the Landscape Ordinance. Ms. Wilson answered no; that eight trees would be required. Mr. Gordon Scruggs, Director of Engineering, indicated that due to the limited parkway and the location of utilities and sidewalk in front of the subject property, no additional landscaping is proposed as part of the State improvements with the Main Street expansion in this area. Commissioner Molina asked if the parking proposed by the applicant would bring the site into compliance with the Zoning Ordinance. Ms. Wilson responded that the office building, if using only the first floor, is in compliance by using the seven parking spaces provided in the front of that building. The retail space would require thirty parking spaces according to the current parking standard. The applicant is proposing ten spaces with Phase I. Commissioner Molina asked about the timing for Phase II and whether the Commission could impose a deadline on completing the two phases. Mr. Voss, City Attorney, responded that Specific Use Permits (SUPS) may not have deadlines, but that any zoning change, including SUPs, could be revisited within a certain time frame. The final decision on zoning would be made by the City Council. Chairman Wade reminded Commissioners that if Item 3.2 was recommended for approval with stipulations that the City Council could amend or even strike those stipulations during their vote. Commissioner Molina expressed concerned about any phasing that is dependent upon future financing. 2 Minutes of the Planning and Zoning Commission September 25, 2012 Page 3 of 4 Commissioner Bambury asked staff about the differences between the former request for a zoning change from General Retail to Light Commercial and the current Specific Use Permit request. Ms. Wilson responded that the straight zoning change from General Retail to Light Commercial was considered a broad change, which would include all the uses allowed within the more intense zoning district. An SUP request allows only the one use requested, that of outdoor vehicle display, and none of the other more intense uses allowed in the higher zoning district. Commissioner Hebb complimented the staff for the extra step of calculating the number of parking and display spaces that could be placed on the site in Phase I. He then asked if, after the completion of Phase II, would there be sufficient parking spaces on the subject property to bring it into compliance with the Zoning Ordinance. Ms. Wilson answered that given the information provided by the applicant, it was difficult to ascertain if there was adequate space for an additional twenty parking spaces since some of the Phase II addition would likely be used for additional vehicle display. Commissioner Hebb asked where the handicapped parking spaces will be located on Phase I. Ms. Wilson explained that the current handicapped parking space location is proposed to be used for auto sales display and that another location would have to be striped for handicapped access meeting ADA standards. This issue was not addressed on the applicant's proposal. Mr. Joyce stated that each building would require one handicapped parking space. Commissioner Hebb asked about the timing of the phases. The applicant, Mr. Lewis Jue, 7228 Main Street, The Colony, asked to make a statement before answering the Commissioners' questions. Mr. Jue explained why he was unable to attend the previous public hearings concerning this case. He then answered that Phase I would be completed immediately so that the tenant could begin displaying vehicles for sale. Phase II would be contingent on when the economy would warrant it. Mr. Jue stated that he believed thirty parking spaces to be excessive for the type of business on the site and that it is not a typical retail establishment with customers coming and going frequently. Ms. Wilson agreed and stated that the staff report mentioned the same argument. Although the current Zoning Ordinance calls for thirty parking spaces for the retail building, many nearby zoning ordinances with more detailed parking matrixes call for far fewer spaces. Mr. Joyce added that he researched other land uses within the Zoning Ordinance that would more closely fit this situation and determined that the zoning ordinances parking matrix classification, 6Cgasoline service station," most closely resembles tire sales and repair portion of the building. Gasoline service stations require three spaces per bay. Additionally, the City's parking matrix does not have a category for "vehicle sales and leasing." Mr. Joyce's research of surrounding cities parking requirements found that most other cities require between four and five spaces for a vehicle sales and leasing facility of this size. Commissioner Bambury asked if the current proposal conforms to the regulations of the Zoning Ordinance. Mr. Joyce answered that it does not. 3 Minutes of the Planning and Zoning Commission September 25, 2012 Page 4 of 4 Ms. Wilson added that the site currently has legal nonconforming status and it would remain so even if the SUP is granted. The parking proposed by the applicant would move the site toward compliance even though it would not accomplish compliance with the Phase I plan proposed. Commissioner Hebb commented that if the auto display is allowed, then the display of tires for the shop on the rear of the building would be blocked from view. Chairman Wade asked if the pavement on Phase I would be concrete. Mr. Joyce answered no, it would be asphalt. Chairman Wade called for an executive session to seek legal advice from the city attorney regarding Item 3.2. The executive session was convened at 7:39 PM. The regular session was reconvened at 8:01 PM. Chairman Wade opened the Public Hearing. Mr. Lewis Jue, 7228 Main Street, The Colony, came forward to address the Commission. Mr. Jue stated that he has lived in The Colony for twenty-five years and mentioned that he had served on both the Planning and Zoning Commission and the City Council and understood the deliberations that the Commission was making. He went on to explain that he was representing the tenants at 7300 Main Street who are struggling to keep their businesses open and that the approval or denial of the SUP would not directly affect his business. He closed by stating that the Commission had two choices - to either leave everything on the site the way it is or to allow improvements and investment to the site to be made through the approval of the Specific Use Permit. There being no one else coming forward, Chairman Wade closed the Public Hearing. It was moved by Commissioner Bambury to deny Item 3.2, seconded by Commissioner Hames. Motion failed (2-4, with McCormick, Molina, Hebb and Wade opposed). It was moved by Chairman Wade to approve Item 3.2, with the stipulation that the Planning and Zoning Commission schedule a hearing on this item to consider a zoning change on September 24, 2013. The motion was seconded by Commissioner Molina. The motion carried (4-2, with Hames and Bambury opposed). F 4.0 WORKSHOP ITEM 4.1 Discussion of the second draft of the Gateway Overlay District ordinance. Due to the lateness of the hour, Vice-Chairman McCormick moved to table Item 4.1 to a later meeting. The motion was seconded by Commissioner Molina. The motion carried (6- 0). There being no further questions or discussion, Chairman Wade adjourned the meeting at 8:41 PM. Brian de, Chairman _A211M a\. - I I Bria cNuelty, cting R ording Secretary 4