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HomeMy WebLinkAbout02/26/2013 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION FEBRUARY 26, 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, February 26, 2013 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: Karen Haines, Vice-Chairman; Eddie McCormick; Cesar Molina Jr.; Shannon Hebb and Cody Hall. Commissioner Brian Wade arrived at 6:39 PM after consideration of the Consent Agenda. Board Member Absent: Richard Bambury, Chairman Staff Present: Mike Joyce, AICP, Planning 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 Acting Chairman Haines called the meeting to order at 6:30 PM. 1.1 CITIZEN INPUT No citizens came forward during Citizen Input. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the January 22, 2013 Regular Session. 2.2 PP13-0002 Grandscape Addition Consider approval of a Preliminary Plat of Lots 1, 2, 3, 4 and 5, Block A; Lot 1, Block B; Lot 1, Block C; Lots 1, 2 and 3, Block D; Lot 1, Block E; Lot 1, Block F; Lot 1, Block G; and Lots 1, 2 and 3, Block H of Grandscape Addition being a 428.79 acre tract of land in the Thomas A. West Survey, Abstract No. 1344, The BBB and CR Survey, Abstract No. 173, the BBB and CR Survey, Abstract No. 174, the MDT Hallmark Survey, Abstract No. 570 and the RP Hardin Survey, Abstract No. 611, located at the southeast corner of the Sam Rayburn Tollway (S.H. 121) and Plano Parkway. 2.3 FP13-0002 Grandscape Addition Consider approval of a Final Plat of Lots I and 2, Block A of the Grandscape Addition, being a 107.57 acre tract of land in the Thomas A. West Survey, Abstract No. 1344 and the BBB and CR Survey, Abstract No. 174, located at the southeast corner of the Sam Rayburn Tollway (S.H. 121) and Plano Parkway. It was moved by Commissioner Hebb to approve Item 2.1; seconded by Commissioner Hall. Motion carried (4-0-1; with Commissioner Molina abstaining). It was moved by Commissioner Molina to approve Item 2.2; seconded by Commissioner Hebb. Motion carried (5-0). Minutes of the Planning and Zoning Commission February 26, 2013 Page 2 of 8 It was moved by Commissioner Hebb to approve Item 2.3; seconded by Commissioner Hall. Motion carried (5-0). 3.0 PUBLIC HEARINGS 3.1 SP13-0002, Nebraska Furniture Mart of Texas Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a Development Plan for Nebraska Furniture Mart of Texas, approximately 107.57 acres to be located on the southeast corner of the Sam Rayburn Tollway (S.H. 121) and Plano Parkway. Ms. Wilson presented the staff report. Commissioner Molina asked where the loading docks would be located. Ms. Wilson responded the loading docks are along the rear of the building, facing Plano Parkway. Mike Peterson, representing Graham Associates, Inc., 600 Six Flags Drive, Suite 500 Arlington, Texas added that customer loading times average only nine minutes. Commissioner Molina asked for more detail on customer queuing. Mr. Peterson stated that the customer queuing will enter a one-way drive off of Nebraska Furniture Mart Drive and proceed through the designated lanes for pick up and then exit the site at a signalized intersection at Plano Parkway. Commissioner Molina asked how truck and customer traffic will be separated on the site. Mr. Peterson responded that truck traffic will primarily use the north/south connector, not Grandscape Boulevard or Nebraska Furniture Mart Drive. Commission Hebb asked if there would be additional truck traffic on South Colony Boulevard that might affect residential neighborhoods in The Colony once the overpass over S.H. 121 is constructed. Gordon Scruggs, Director of Engineering, stated that delivery trucks to Nebraska Furniture Mart site would not be allowed to utilize South Colony Boulevard. All truck traffic to the site would be concentrated south of S.H. 121. Mr. Peterson added that their traffic studies show that the majority of truck traffic will use S.H. 121, Plano Parkway and the north/south connector. In addition, the truck entrance and gated guard shack will be located on the east side of the building, off of the north/south connector, where additional truck parking is provided. To further separate truck and customer traffic, the majority of deliveries are scheduled to occur after store hours. Minutes of the Planning and Zoning Commission February 26, 2013 Page 3 of 8 Mr. Scruggs added that two traffic studies had been conducted concerning the site. The first was an overall traffic study by North Central Texas Council of Governments (NCTCOG) that evaluated the major impacts to the region. The second, conducted by Graham Associates, was more site specific, dealing with internal traffic and the traffic demand on the adjacent streets. Commissioner Hebb asked if a light rail station was considered. Mr. Peterson said that there is an opportunity for rail, and that it could be considered in a future phase. Commissioner Hebb asked staff if the chair sign met the requirements of the Sign Ordinance. Ms. Wilson responded that it meets the requirements of the governing planned development district, which has its own sign regulations. Acting Chairman Hanes opened the public hearing. Henry Billingsley, representing Billingsley Company, 1722 Routh Street, Suite 1313, Dallas, Texas, asked if the traffic studies indicated the percentage of trucks that would utilize Windhaven Parkway. Mr. Peterson responded that current studies show approximately 40% of the truck traffic would be coming from the south, but did not have the exact numbers for the percentage that would travel on Windhaven. It was thought that the majority of truck traffic would use S.H. 121 and Plano Parkway. Commissioner Hebb asked if the truck traffic along Windhaven Parkway could be restricted. Mr. Scruggs responded that the City of Plano is aware of the potential increase in traffic and has not indicated any planned change in its Thoroughfare Plan designation. In fact, the City of Plano is in the process of widening Windhaven Parkway from four lanes to six lanes west of the Dallas North Tollway. Acting Chairman Haines closed the Public Hearing. It was moved by Commissioner Wade to approve Item 3.1; seconded by Commissioner Hebb. Motion carried (6-0). 3.0 PUBLIC HEARINGS 3.2 SP13-0003, Revised Development Plan for Hidden Cove Marina Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a revised Development Plan for Hidden Cove Marina, approximately 407.9 acres within Planned Development No. 21, located at the terminus of Hackberry Creek Park Road. Ms. Wilson presented the staff report. Minutes of the Planning and Zoning Commission February 26, 2013 Page 4of8 Commissioner Hall asked where the additional boat slips will be located. Ms. Wilson responded the boat slips will be added to the end of the existing boat docks. Commissioner Hall asked what was the number of boat slips being added to the site. Ms. Wilson responded that seventy-six (76) are being added to bring the total to 350. Marcel Bosworth, 200 East Continental, Southlake, Texas, representing Marine Quest, said the new improvements will add to the use and enjoyment of the park and marina and encouraged citizens to visit. Acting Chairman Harries opened the Public Hearing. No one came forward to speak. Acting Chairman Hames closed the Public Hearing. It was moved by Commissioner Molina to approve Item 3.2; seconded by Commissioner Hall. Motion carried (6-0). 3.0 PUBLIC HEARINGS 3.3 SUP13-0001, G. U. T. GRAF-X Tattoo Parlor Conduct a public hearing, discuss and consider making a recommendation to City Council regarding the approval of a Specific Use Permit (SUP) to allow a tattoo parlor as a primary use, G.U.T. GRAFA Tattoos, located at 4716 E. Lake Highlands Drive, Suite 101, within a Light Commercial (LC). Ms. Wilson presented the staff report. Commissioner Hebb questioned how the tattoo parlor will advertise since they are set back from Main Street. Ms. Wilson responded they will be allowed to have a sign, as any retail use. Tattoo use within another businesses (a secondary use) is not allowed to have a sign. Since the proposed shop is a primary use, it will be allowed to have signage according to the Sign Ordinance. Commissioner Wade asked if neon can be used on signs. Ms. Wilson responded neon is not prohibited by the Sign Ordinance. Commissioner Wade asked if staff chose the hours of operation to be from 9:00 am to 10:00 pm since those were the hours used by the previous tattoo parlor as a secondary use. Ms. Wilson responded that the first tattoo business voluntarily agreed to adhere to the hours of the primary use/host. This condition of approval was suggested by staff to maintain consistency. Commissioner Wade agreed that imposing the same hours would create a fairness of operation, although many tattoo shops are open later than 10:00 pm. Minutes of the Planning and Zoning Commission February 26, 2013 Page 5 of 8 Michael Joyce, Planning Director, stated that Chief Clark of the Police Department requested that we keep the closing time prior to midnight. He has evidence from studies that the later tattoo shops are open, the more problems they have. Commissioner Hall asked if the applicant has asked for any other specific time. Ms. Wilson responded no. The staff report was sent to the applicant on Friday prior to the meeting date and Mr. Poynter was advised that if he objected to that condition of approval that he should come to the meeting and state his case. Commissioner Wade asked if tattoos are taxable. Ms. Wilson responded affirmatively, that it is considered a service. Commissioner Wade asked if by staying open longer, would that not generate more revenue, not just for the business, but for the City. Mr. Joyce responded that the cost of doing business may outweigh the profit. Commissioner Wade asked if the hours imposed are for seven days a week. Ms. Wilson responded yes. Commissioner Hall asked what issues Chief Clark referred to. Mr. Joyce responded that he could not recall the exact statement, but will research Chief Clark's earlier remarks and include them in the City Council staff report. Ms. Wilson added that staff researched nearby cities that have tattoo parlor ordinances during the process of adopting the tattoo ordinance. Planners in the cities of Lewisville and Carrollton, that both have liberal tattoo ordinances, did not express any legal/police difficulties with this type of use. Commissioner McCormick stated he didn't think that a suburb would attract the kind of cliental as in Deep Ellum. Acting Chairman Haines opened the Public Hearing. No one came forward to speak. Acting Chairman Haines closed the Public Hearing. It was moved by Commissioner McCormick to approve Item 3.3; seconded by Commissioner Hall. Motion carried (6-0). 3.0 PUBLIC HEARINGS 3.4 SE13-0001, Burger King - Special Exception to the Architectural Standards Conduct a public hearing, discuss and consider making a recommendation to City Council Minutes of the Planning and Zoning Commission February 26, 2013 Page 6 of 8 regarding a Special Exception to the Architectural Standards of the Zoning Ordinance for the use of stucco as an alternate exterior material for Burger King, 3700 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. Ms. Wilson presented the staff report. Commissioner Hebb asked if, by allowing this Special Exception if the City is opening the door for more buildings with stucco exteriors. Ms. Wilson responded that once the proposed Gateway Overlay District ordinance is adopted by City Council, stucco will be an acceptable exterior finish and Special Exception requests such as this will no longer come before the Planning and Zoning Commission or City Council. Elevations will still be reviewed by both bodies through the site plan process, however. Commissioner Wade asked staff what exterior materials were used on the adjacent Bank of the Ozarks building. Mr. Joyce stated that the Bank of the Ozarks exterior was made up of stucco and brick with metal trim. Staff worked with this bank in the design of their new pylon sign, which uses the same materials. Commissioner Wade stated that other nearby buildings such as Starbucks, Chicken Express and Zaxby's used 100% brick. Commissioner Wade asked why Burger King needs the Special Exception. Jim Shatto, representing MCC & Associates, general contractor for the project, responded that the Burger King Corporation is remodeling about 2,000 stores nationwide and that the new image includes the use of stucco, certain distinctive design elements, a new color scheme and updated signage. The existing painted brick is considered a dated look - stucco will have a more modern appearance and add another textural element. In addition, some of the glass panels that will be removed will be replaced with stucco since the use of brick in those locations would be too heavy for the building's structure. Commissioner Wade expressed his view that stucco deteriorates over time, especially with the effects of the Texas sun and extreme weather. Mr. Shatto disagreed and stated that he has worked all over Texas and the Southwest and finds that, when installed correctly, stucco retains its finish as well as other masonry products. Commissioner Hall asked if the proposed elevation is a major change. Mr. Shatto responded that the Mansard roof will be removed, as well as the upper tier of glass panels. The proposed stucco would be applied over the existing brick on the upper portion of the building. The remodel design of The Colony store adds the new color scheme that will be used throughout the country Minutes of the Planning and Zoning Commission February 26, 2013 Page 7of8 Commissioner Hall asked if the new materials and color scheme would more closely match the adjacent shopping center. Mr. Shatto responded that he felt the Burger King design would upgrade the look of the shopping center. Commissioner Hall added that he observes many different architectural styles in this area and would support the appearance and style of the proposed elevations as they bring more uniformity to the center. Commissioner Wade stated that this is one of the older shopping centers in the City and added that the standards in The Colony are higher now than they were when the original shopping center was constructed. Commissioner Hall asked what the materials were used on the adjacent shopping center and what is its current appearance. Commissioner Wade answered that the stucco had faded and gave a cheap appearance. Mr. Shatto stressed that new stucco products and application techniques help to avoid the cracking that was a problem in the past. Acting Chairman Haines asked if the elevations proposed would be the same as other refurbished Burger Kings in the area. Mr. Shatto responded no; because of the design of the existing building has an indoor playground, which most newly Burger King's do not. However, the proposed color scheme, design details and trim accents will be uniform across the country. Commissioner McCormick stated that he supports Burger King's desire to promote their national image with upgraded facades and interior remodeling. He stated that his concern in the use of stucco is that he would rather see it not installed at all rather than being installed incorrectly. All cities should follow the IBC code and recommended that staff investigate higher scrutiny in approving stucco installers for work in The Colony. Mr. Shatto stated that the owner of the Burger King store uses only the top installers and that even a company that is STO-certified is only as good as its worst applicator. Commissioner Hall asked when the remodel is expected to be completed. Mr. Shatto stated that the Burger King Corporation had offered to its franchisees an incentive program for the upgrades. The interior remodel is complete and Mr. Shatto received permission from the Engineering/Development Services Department to begin the demolition and removal of the exterior materials to be replaced. However, no work on the new fagade will begin until the Special Exception is decided by City Council. Minutes of the Planning and Zoning Commission February 26, 2013 Page 8 of 8 Acting Chairman Hames opened the Public Hearing. No one came forward to speak. Acting Chairman Hames closed the Public Hearing It was moved by Commissioner Hall to approve Item 3.4; seconded by Commissioner Molina. Motion carried (5-1, with Commissioner Wade opposed). BLIC HEARINGS 2 Revisions to Appendix A, Section IOD, Temporary Uses 3.5 2-002 3.0 tscioll tinue the public hearing until March 26, 2013. Ms. Wilson requested that the Public Hearing be opened, public input taken and that the Public Hearing be continued until the March 26, 2013 Planning and Zoning Commission meeting. Acting Chairman Hames opened the Public Hearing. No one came forward to speak. It was moved by Commissioner Molina to continue the Public Hearing until the March 26, 2013 Planning and Zoning Commission meeting; seconded by Commissioner Wade. Motion carried (6-0). There being no further questions or discussion, Acting Chairman Hames adjourned the meeting at 7:37 p.m. i 7 1 > z Karen Hames, Acting Chairman Brian Ae~uelty, Recording Secreta