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HomeMy WebLinkAbout04/23/2013 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION APRIL 23, 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, April 23, 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: Richard Bambury, Chairman; Karen Hanes, Vice-Chairman; Cesar Molina Jr.; Shannon Hebb; Cody Hall; Brian Wade (6:39 pm); and Eddie McCormick (6:40 pm). Board Members Absent: None. Staff Present: Mike Joyce, AICP, Planning Director; Brooks Wilson, AICP, Senior Planner; Gordon Scruggs, Engineering Director; Ed Voss, City Attorney; Felicia Campa, Acting Recording Secretary. 1.0 CALL REGULAR SESSION TO ORDER Chairman Bambury called the meeting to order at 6:32 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 March 26, 2013 Regular Session. 2.2 FP13-0004 Gateway 121 Commercial Subdivision Consider approval of a replat of Lot 3, Block A of the Gateway 121 Commercial Subdivision to Lots 3R and 4, Block A of the Gateway 121 Commercial Subdivision, being a 4.37 acre tract of land, located on the north side of the Sam Rayburn Tollway (S.H. 121) and approximately 400 feet east of Blair Oaks Drive. It was moved by Vice-Chairman Hames to approve Items 2.1 and 2.2 as presented; seconded by Commissioner Hebb. Motion carried (5-0). 3.0 PUBLIC HEARING 3.1 SP13-0005, Securlock Self Storage Conduct a public hearing, discuss and consider approval of a revised Site Plan for the Securlock Self Storage, 4316 Main Street (FM 423), to remove a portion of a storage building, relocate parking and reface the existing office building, on approximately 0.40 acres of land at the western entrance to the storage facility. Mrs. Wilson presented the staff report. Chairman Bambury asked if there were any questions for staff. Minutes of the Planning and Zoning Commission April 23, 2013 Page 2 of 6 Vice Chairman Hames applauded the applicant for presenting the request prior to the widening occurring. Commissioner Molina asked if the revision allows for the property to be fully vested and not non-conforming. Mrs. Wilson responded affirmatively. Commissioner Hebb asked if the sign will be taken down and completely replaced and if the sign will meet the requirements of the sign ordinance. Mrs. Wilson responded that she was unsure of if the applicant will use the existing sign or replace it with a new sign but any sign to be used must comply with the sign ordinance. Walter Nelson, of Walter Nelson & Associates, 1812 Carla Avenue, Arlington, Texas, engineer for Securlock, responded that Securlock will put in whichever sign looks the nicest, but the intent is to relocate the existing sign. Chairman Bambury opened the Public Hearing. No one came forward. Chairman Bambury closed the Public Hearing. It was moved by Vice-Chairman Hames to approve Item 3.1 as presented; seconded by Commissioner Hall. Motion carried (7-0). Mr. Joyce followed up in stating that Item 3.1 does not require to be presented to City Council, therefore Chairman Bambury will sign a resolution. 3.2 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 on the west side of Waters Edge Court, from an Agriculture (A) zoning district to a Planned Development zoning district (PD-26); providing the permissible uses and development standards thereof. Mrs. Wilson presented the staff report and explained that the Commission should open the public hearing, take any input from citizens, but that no vote was requested on this item tonight. Mr. Joyce continued in stating that all other issues regarding the Water's Edge rezoning to a Planned Development zoning district have been resolved. Commissioner Wade asked if the streets within the Water's Edge community were dedicated to the city during the platting process. Mr. Joyce responded that the streets were not dedicated to the city and therefore private roads. They are shown as "common space" on the plat and are owned and maintained by the HOA. Minutes of the Planning and Zoning Commission April 23, 2013 Page 3 of 6 Commissioner Wade asked if the roadways were taken over by the city, would the gates to the subdivision be removed. Mr. Joyce responded that the HOA is asking that only the portion of Water's Edge Drive that is located in the unincorporated Denton County be annexed into the city, and therefore the gates would not be removed and the streets within the subdivision remain privately owned and maintained. Mrs. Wilson stated that the roadway in question is outside of the southern gate. Mr. Joyce added that two portions of the roadway belong to the city - one by dedication on a plat and one via the city ownership of the property creating a prescriptive right-of-way. Commissioner Molina asked if what is in dispute is the 715 linear feet of roadway immediately outside the southern gate, described in the city attorney, Edwin Voss' letter. Mr. Joyce responded affirmatively. Chairman Bambury asked if there were any questions for staff. Chairman Bambury opened the Public Hearing. No one came forward. Chairman Bambury closed the Public Hearing. Mr. Joyce asked if the Item requires for a motion to continue at a later date. Mr. Voss responded that the case need not be continued; that staff would re-notify for a future public hearing. No action was taken on this item. 3.3 Z13-0001, Assured Storage Rezoning Request Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a zoning change on a tract of land totaling approximately 7.22 acres, generally located on the west side of Paige Road and approximately 400 feet south of Memorial Drive, from Business Park (BP) zoning district to Light Commercial (LC) district. Mrs. Wilson presented the staff report. Chairman Bambury asked if there were any questions for staff. Commissioner Hall asked who will maintain the responsibility for maintenance of the drainage. Mr. Scruggs stated that it will be in an easement, but the owner's responsibility. Commissioner Wade asked if the drainage easement will be boxed. Minutes of the Planning and Zoning Commission April 23, 2013 Page 4 of 6 Mr. Scruggs responded that the proposal is to leave it as an open channel. Commissioner Hebb asked if the development will stay out of the flood plain and the 100 year flood plain. Mr. Scruggs responded affirmatively. Commissioner Hall asked if the entrance will connect to the existing Walgreen's drive. Mrs. Wilson responded affirmatively; that the cross access would be extended from the existing Walgreen's drive northward through the subject property and into the Pad site located at the corner of Memorial Drive and Paige Road. Commissioner Hebb asked if they will have access of Memorial Drive. Mrs. Wilson responded no. Commissioner Wade asked why the pads were drawn up to retain an unusable portion in the subject property and at the same time include a portion of the flood plain in Pad site 1. Blair Valka, 503 South Haskell Avenue, Dallas, Texas, representing the applicant stated that the current owner of the property, Stacy Standridge, had drawn the sites with certain buyers in mind and that the size and shape of Pad site 1 meets the requirements of the future owner. She added that the portion of the pad site within the floodplain would likely be part of a fire lane or a setback and not affect the location of the future building. Commissioner Wade commented that the inclusion of any amount of floodplain on a lot raises questions. Mr. Scruggs responded added that during the site plan process, any area of floodplain would have to either be removed from the floodplain or placed in an easement, and in this case, must meet all of the FEMA requirements for floodplain mitigation. Commissioner Hebb asked if the property would require two entrances. Mrs. Wilson stated that the Fire Department has looked at the plans and determined only one entrance is adequate. Chairman Bambury opened the Public Hearing. No one came forward. Chairman Bambury closed the Public Hearing. It was moved by Commissioner Wade to approve Item 3.3 as presented; seconded by Commissioner Hall. Motion carried (7-0). Minutes of the Planning and Zoning Commission April 23, 2013 Page 5 of 6 4.0 ITEM FOR CONSIDERATION 4.1 PDA13-0001 The Tribute West, PD Timing Extension Consider approval of a six-month extension to begin construction on all or part of PD-23, The Tribute West, a 322 acre tract of land located north of Lebanon Road and Boyd Road. Mrs. Wilson presented the staff report. Chairman Bambury asked if there were any questions for staff. Commissioner Wade asked what happens if both extensions are granted and no development plan is submitted. Mr. Joyce responded that the planned development, in its current form, would have to be rezoned. Edwin Voss, City Attorney, added that a zoning change cannot happen by inaction. The normal rezoning process would have to be followed. Matthews Southwest would have to return with a zoning request prompted by the PD's non-compliance with its adopted regulations. Commissioner Wade asked if Matthews Southwest could amend the existing Planned Development document to remove the time constraint. Mrs. Wilson added that it was unlikely that Matthews Southwest would need to amend the Planned Development since the school site at Tribute West is close to submittal. Commissioner Wade stated that the city certainly would not want to place an undue burden on Matthews Southwest that may have resulted from the slow economy. Commissioner Hebb asked if, since the four year timeframe was technically due on April 6, 2013 and it is currently April 23, 2013, the Planned Development has already expired? Mrs. Wilson answered that staff brought the issue to the Planning and Zoning at the earliest possible date following its discovery. Mr. Joyce added that the clause in the PD was discovered and action to remedy the timeframe was initiated prior to the deadline. Commissioner Hames asked if the six-month extension, if granted, would be counted from the April 6"' date. Mr. Voss responded affirmatively. Commissioner Hebb wanted more clarification on what the applicant is obliged to do within the next six months, should the extension be granted. Mrs. Wilson answered that there were three possibilities: 1) the applicant could submit a plan for all or part of PD-23; 2) the applicant could request a second six-month extension; or 3) the Minutes of the Planning and Zoning Commission April 23, 2013 Page 6 of 6 applicant could submit a request for a PD amendment to eliminate or modify the timeframe constraint. Commissioner Hebb asked the applicant what is likely to occur. Kathy Cunningham, representing Matthews Southwest, 1660 South Stemmons Freeway, Lewisville, stated that the company in the process of working with Little Elm ISD and that the platting of the roads around the school was likely to occur within the next six months. Additionally, Matthews Southwest is developing the initial phase of Tribute West. Ms. Cunningham is confident that something will occur so that another extension will not be necessary. Commissioner Hall asked Ms. Cunningham if this was a Little Elm or a Lewisville ISD school. Mrs. Cunningham replied Little Elm. Commissioner Hebb asked if the proposed school would be built within PD-23. Mrs. Cunningham answered affirmatively and stated that Matthews Southwest and LEISD agreed to a land swap approximately 45 days ago. Commissioner Hames asked why this wasn't a Lewisville ISD school. Mrs. Cunningham answered that the school district boundaries are such that most of The Colony is within LISD, but the Tribute is part of Little Elm ISD. Mrs. Wilson added that it is not uncommon for a city to have more than one school district within its city limits. Chairman Bambury asked for clarification as to the applicant - since the letter requesting the extension was from Tribute Partners and Matthews Southwest is listed as the applicant. Mrs. Cunningham explained that Tribute Partners owns the land and the Matthews Southwest is a subsidiary of Tribute Partners and the developer of the property. It was moved by Commissioner Wade to approve Item 4.1; seconded by Commissioner Hebb. Motion c 9®r ed (7-0). There being anrth questions or discussion, Chairman Bambury adjourned the meeting at 7:10 Pm. Richard Bambury, Chairman F CCampa, Acting Recording Secretary