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HomeMy WebLinkAbout01/22/2013 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION JANUARY 22, 2013 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, January 22, 2013 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; Richard Bambury; Karen Hames; Shannon Hebb and Cody Hall. Board Members Absent: Cesar Molina Jr. 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 Citizen Input 1.2 Introduction of New Planning and Zoning Commissioner, Cody Hall 1.3 Election of Officers No citizens came forward during Citizen Input. Chairman Wade introduced new Planning and Zoning Commissioner Cody Hall to the current Commissioners and Staff. Commissioner Hames nominated Commissioner Bambury as Chairman; seconded by Commissioner Hebb. Motion carried (6-0). Commissioner Hebb nominated Commissioner Hames as Vice-Chairman; seconded by Commissioner Bambury. Motion carried (6-0). These new officers will begin their terms at the next Planning and Zoning Commission meeting. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the December 11, 2012 Regular Session. It was moved by Commissioner Hames to approve Item 2.1; seconded by Vice-Chairman McCormick. Motion carried (4-0-1; with Commissioner Hall abstaining). Minutes of the Planning and Zoning Commission January 22, 2013 Page 2 of 5 3.0 PUBLIC HEARINGS 3.1 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 29.08 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. Ms. Wilson explained that there are issues remaining to be resolved and therefore a vote tonight is not requested. Since the public hearing was noticed, the Commission must give any citizen the opportunity to speak on this issue, even though no decision will be made tonight. Commissioner Bambury asked what was causing the delay. Ms. Wilson stated that there is an issue of ownership of the portion of Water's Edge Drive that extends outside the southern gate to Augusta Drive and whose responsibility it is to maintain this roadway. Mr. Joyce added that when Water's Edge was developed, papers were signed by the Developer, the Water's Edge Homeowners' Association and Denton County regarding the roadway in question and that monies were set aside in an Entry Road Maintenance Escrow Account (ERMEA). According to the document, this ERMEA would be vacated when a municipality annexed the property. However, since the City was not party to the document, there is a question as to what, if any, of the roadway will be maintained by the City. The City Attorney has been tasked with determining ownership and easements for the roadway to determine the City's obligation in the matter. Commissioner Hebb asked if the roadways within the private community would become the responsibility of the City. Mr. Joyce answered that these roadways were not dedicated to the City and therefore remain private roads and the responsibility of the Homeowners' Association. It was moved by Commissioner Hebb to open the public hearing, take testimony if offered and continue the public hearing until the March 12, 2013 Planning and Zoning Commission meeting; seconded by Commissioner Bambury. Motion carried (6-0). 3.2 SI12-0022 Revisions to Appendix A, Section IOD, "Temporary Uses" Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a new Section 10D, "Temporary Uses," of Appendix A, Zoning, of the Code of Ordinances. Ms. Wilson explained that there are issues remaining to be resolved and therefore a vote tonight is not requested. Since the public hearing was noticed, the Commission must give any citizen the opportunity to speak on this issue, even though no decision will be made tonight. Ms. Wilson then gave a brief synopsis of the progress made to date on the proposed Temporary Use ordinance and asked for comments from the Commissioners. Minutes of the Planning and Zoning Commission January 22, 2013 Page 3 of 5 Commissioner Bambury stated that this ordinance seems stricter than the current ordinance. Ms. Wilson responded that Staff is not trying to make the ordinance requirements more stringent, but rather set out regulations that are fair and clearly understood and to place them into one section of the Code of Ordinances. Commissioner Bambury asked why there is a need for sanitary facilities for temporary uses such as Christmas tree or firewood sales. Ms. Wilson responded that Staff felt that even temporary uses should provide access to sanitary facilities for their employees and customers, either by providing a rental sanitary facility or access to their host's restrooms. Mr. Joyce added that there is also a liability question for the host, especially with vendors who are using private property in parking lots without permission of the owner. Commissioner Hall asked if these regulations relating to providing restroom facilities would apply to garage sales. Ms. Wilson stated that the current ordinance does not require restroom access for garage sales and that Staff is not proposing any changes to this regulation; however garage sales that are a Special Events would require permission from the property owner for the use of private property. Commissioner Hall further asked if selling puppies or other items from a truck is permitted. Ms. Wilson answered no; this is not a permitted use at this time. Commissioner Hebb asked why the start date for Christmas tree sales was set at November 15th He felt that the Christmas season started closer to November 1st and that the City would not want to hamper sales by independent tree salesmen and that inquiring as to when the Home Depot begins their seasonal sales would be a good idea. Ms. Wilson agreed that she would research this. Commissioner Hebb asked if the proposed ordinance should add the requirement of a security fence surrounding a construction site office or a batch plant facility. Ms. Wilson answered that it was thought that the individual company could determine the need for a security fence and that Staff felt that it should not be required. Commissioner Hebb followed up with a question about requiring certain environmental safeguards for batch plants, including erosion control and proper disposal of waste. Gordon Scruggs, Director of Engineering, responded that storm water and other runoff are required through the permitting process of the Texas Commission on Environmental Quality (TCEQ). Minutes of the Planning and Zoning Commission January 22, 2013 Page 4 of 5 Commissioner Hebb then asked if tents in residential backyards would be subject to the ordinance. Ms. Wilson responded affirmatively; for tents greater than 120 square feet. These tents are currently required to receive a permit from the City for their use and that the proposed ordinance would retain this requirement. Chairman Wade questioned the number of sanitary facilities required for certain temporary uses and asked if there was a ratio of expected attendees to number of facilities provided that could be accessed rather than stating a particular number in the ordinance, which may be inadequate for certain events. Ms. Wilson responded that Staff was looking into using the ratio in the Building Code and that the ordinance will be reworded to refer to these codes for the proper number of facilities to be provided rather than stating a finite number for each use. In addition, the ordinance will provide the Development Services Director the discretion to make the final decision as to adequacy of proposed sanitary facility service during the permit approval process. Commissioner Hall asked if the number of sanitary facilities required could be based on expected attendance. Ms. Wilson agreed that this was the ideal calculation and that it could be based on the attendance numbers from pre-registration numbers for any particular event. Commissioner Hebb asked again if it was necessary to require firewood salesmen to provide restrooms. His opinion is that the City should not deter businesses from making a living by being forced to provide rental toilets. Ms. Wilson responded that the easier and cheaper solution is to have access to use the host's restroom and that it could be either the property owner where the temporary use is locating its product, or, if on an undeveloped tract, the adjacent property owner could serve as "host." She stated that it is in the City's interest to restrict out-of-town businesses using private property within the City without obtaining a permit. It is important that the City know what is being sold; that the Police Department is aware of permitted sales activity; and that the property owner know and approve of his property being used. Commissioner Hall stated that, without a City permit, the temporary business owner without a permit is not only trespassing, but is in violation of the City Code of Ordinances. Commission Hebb asked about whether or not a restaurant, such as Rusty Taco, was required to have a Special Event permit for their petting zoo that they provide occasionally. Ms. Wilson answered in the affirmative, that Rusty Taco was using the currently adopted Special Event permit for these events. Mr. Joyce added that certain Staff members are reviewing the Special Event section and that this section is likely to be changed somewhat in the next draft of the ordinance. Minutes of the Planning and Zoning Commission January 22, 2013 Page 5 of 5 Commissioner Hebb asked if a Homeowners' Association (HOA) would be required to obtain a Special Event permit for activities occurring within their subdivision and would they be required to provide sanitary facilities. Ms. Wilson stated that a private party hosted by an HOA would not be required to obtain a Special Event permit, so long as the activity was exclusively for their residents and not open to the public. Ms. Wilson further stated that should the Commissioners have additional input or ideas for the proposed ordinance, to let the Staff know so that they can incorporate them into the next draft. Mr. Joyce reiterated Ms. Wilson's statement and said that the proposed ordinance is still in the draft stages and would be reviewed by the Ordinance Review Committee (ORD) and others prior to its return to the Planning and Zoning Commission for their recommendation to City Council. Commissioner Hebb complimented the Staff on the outstanding job so far on this ordinance. There being no further comments from the Commissioners and no one from the public came forward to speak, the Chairman asked for a motion to continue the public hearing. It was moved by Commissioner Hall to continue the public hearing until the February 26, 2013 Planning and Zoning Commission meeting; seconded by Commissioner Hebb. Motion carried (6-0). Chairman Wade opened the Public Hearing. No one came forward. Chairman Wade continued the public hearing until the February 26, 2013 Planning and Zoning Commission meeting. There being no further questions or discussion, Chairman Wade adjourned the meeting at 7:05 p.m. ade, Chairman Bri n a cNuelty, Recording ecretary