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HomeMy WebLinkAbout05/14/2013 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION MAY 14, 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, May 14, 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 Hames, Vice-Chairman; Brian Wade; Eddie McCormick; Shannon Hebb and Cody Hall. Board Members Absent: Cesar Molina Jr. arrived at 6:44 pm Staff Present: Mike Joyce, AICP, Planning Director; Brooks Wilson, AICP, Senior Planner; Gordon Scruggs, Engineering Director; Ed Voss, City Attorney; and Felicia Campa, Acting Recording Secretary. 1.0 CALL REGULAR SESSION TO ORDER Chairman Bambury called the meeting to order at 6:31 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 April 23, 2013 Regular Session. It was moved by Commissioner Wade to approve Item 2.1; seconded by Commissioner Hebb. Motion carried (6-0). (Commissioner Molina was not present to vote) Since the applicant had not arrived, Item 3.1 was moved to later in the meeting. 3.2 SE13-0002 Peter Piper Pizza - Special Exception Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a. Special Exception to Section I OA-900(D), "Building Materials and Colors" of the Gateway Overlay District section of the Zoning Ordinance for the use of stucco as an alternate exterior material for Peter Piper Pizza, located on the north side of the Sam Rayburn Tollway (S.H. 121), approximately 400 feet east of Blair Oaks Drive. Mrs. Wilson presented the staff report. Chairman Bambury asked if there were any questions for staff. Vice-Chairman Hames asked if the prototype elevation is the standard design for all of Texas. Minutes of the Planning and Zoning Commission May 14, 2013 Page 2 of 7 Charles Pope of Charles William Pope and Associates, 221 W. Rhapsody, San Antonio, Texas, architect for the project, answered that the design shown is the standard prototype for all of Peter Piper Pizza franchises from the El Paso management group. Vice Chairman Hames asked if there is a reason why the architect could not meet the twenty-five (25) percent minimum masonry requirements. Mr. Pope stated that he experimented with a design which increased the masonry on the walls, but that, in his opinion, the new ratio of masonry to stucco was not as visually appealing as the proposed elevations. Commissioner Wade asked if the colors could be darkened for more appeal. Mr. Pope said the paint colors are part of the brand identification and could not make changes in the color scheme without approval from the owner. Commissioner Wade stated that darkening the colors may give a richer appearance to the building. Mrs. Wilson added that the color scheme is designed to be childlike to attract children to the restaurant. Commissioner Hebb mentioned that the new Spec's store adjacent to the proposed restaurant is all stucco and asked what color it is painted. Mrs. Wilson answered that it is painted in various shades of tans and soft peaches. Mrs. Campa added that it is painted in blocks of colors, similar to those proposed by Peter Piper Pizza. Mrs. Wilson stated that perhaps Spec's has not included a color quite as dark as the proposed accent color of deep coral, but it has tans and a desert sand color scheme. Commissioner Hebb asked if the two buildings would be aesthetically consistent. Mrs. Wilson responded that, in her opinion, they would. Commissioner Hall asked how firm Mr. Pope's client was about the stucco/masonry percentages. Mr. Pope responded that the four (4) foot wainscot is proportional to the whole building, and was, in his opinion, the most attractive option. Vice-Chairman Haines asked if there are other Peter Piper Pizzas in the Metroplex. Mr. Pope responded no; that this restaurant will be the first in the area. Minutes of the Planning and Zoning Commission May 14, 2013 Page 3 of 7 Commissioner Hall asked what masonry product is being used for the wainscotting and pillars and if it was possible to increase the masonry on the pillars. Mr. Pope responded that the masonry is split-faced CMU block and that his opinion, although he admits is biased, is that he prefers the building as designed. Commissioner Hall asked if his client had considered other locations in the area and if those cities have stricter regulations than The Colony Mr. Pope stated that other sites in other cities had been rejected, partly because of their 100% brick requirement. Commissioner McCormick asked if the client would consider artificial stone or brick rather than CMU. Mr. Pope responded that going back to the drawing board to prepare a new design at this point would be discouraging, delay the construction start date and that he hoped that the Commission would approve the Special Exception to build the restaurant as presented. Chairman Bambury opened the Public Hearing. No one came forward. Chairman Bambury closed the Public Hearing. It was moved by Commissioner McCormick to approve Item 3.2; seconded by Commissioner Hebb. Motion carried (5-2, Wade and Hall opposed). 3.3 SP13-0007 Peter Piper Pizza - Site Playa Conduct a public hearing, discuss and consider making a recommendation to City Council on a request for approval of a Site Plan for Peter Piper Pizza Restaurant, on approximately 2.13 acres, located on the north side of the Sam Rayburn Tollway (S.H. 121), approximately 400 feet east of Blair Oaks Drive. Mrs. Wilson presented the staff report. Chairman Bambury asked if there were any questions for staff. Commissioner Hall asked if the owner has purchased the land for the restaurant. Mr. Pope responded no. Commissioner Wade asked about the design of the parking rows on the east side of the structure adjacent to the fire lane. Mrs. Wilson responded that curb stops would be installed to prevent vehicles from extending over the parking space area into the drive aisles or "driving through." Mr. Pope agreed that the applicant will be providing curb stops. Minutes of the Planning and Zoning Commission May 14, 2013 Page 4 of 7 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; seconded by Vice Chairman Hames. Motion carried (6-1, with Hall opposed). 3.4 SP13-0006 Texas Roadhouse Expansion - Site Plan Conduct a public hearing, discuss and consider approval of a revised Site Plan for the Texas Roadhouse Restaurant, 4125 S.H. 121 (The Sam Rayburn Tollway), to enclose the 464 square foot patio area and add a 170 square foot addition on the west side of the building, on approximately 2.61 acres of land at the northeast corner of S.H. 121 and Market Street Drive. Mrs. Wilson presented the staff report. Chairman Bambury asked if there were any questions for staff. Vice-Chairman Hames asked if there are any tables in the patio area currently. Mr. Craig Worral, owner, responded affirmatively; that it is currently used as a waiting area. Commissioner Molina asked why the square footage didn't trigger parking. Mrs. Wilson answered that the additional 646 square feet did, in fact, trigger an additional thirteen (13) spaces, but that the provided parking exceeded the current and the proposed requirements - in fact the parking provided was more than double the required spaces, even after the additional seating space is considered. Commissioner Wade stated that the parking provided is 2.5 times the parking that is required. He continued by asking why the client did not expand the restaurant toward Market Street. Brian Grossman, Grossman Design Build, 911 E. Broad Street, Mansfield, Texas, designer for the project, stated that initially the expansion was proposed in that location, but that an existing gas line is located on the west side of the building. Any significant expansion would be too close to the easement and it would be too costly to remove the gas line. Commissioner Hebb asked if it was stated that a back door is being added. Mrs. Wilson answered that a back door with a new enclosure was being added, but because there will be no roof on the structure, it is not considered part of the site plan. Mr. Grossman added that the back door is an open air, secured storage area. Commissioner Hebb asked if this door would be used as an emergency exit. Mr. Grossman responded affirmatively. Minutes of the Planning and Zoning Commission May 14, 2013 Page 5 of 7 Chairman Bambury opened the Public Hearing. No one came forward. Chairman Bambury closed the Public Hearing. It was moved by Commissioner Hebb to approve Item 3.4; seconded by Commissioner Hall. Motion carried (7-0). Mrs. Wilson advised Chairman Bambury that the applicant for Item 3.1 was now present. 3.0 PUBLIC HEARING 3.1 RP13-0001 Garza-Little Elnz Lake Estates, Lot 19R, Block 14 - Replat Conduct a public hearing to discuss and consider approval of a residential replat of Lots 19 and 20, Block 14 of Garza-Little Elm Lake Estates into one lot, Lot 19R, Block 14 of Garza-Little Elm Lake Estates, being a 1.60 acre tract of land, located on the north side of North Shore Drive and approximately 300 feet east of the intersection of North Shore Drive and Lakeview Drive. Mrs. Wilson presented the staff report. 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. It was moved by Vice-Chairman Hames to approve Item 3.1; seconded by Commissioner Molina. Motion carried (7-0). 3.0 PUBLIC HEARINGS 3.5 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. Mrs. Wilson presented the staff report. Chairman Bambury asked if there were any questions for staff. Vice-Chairman Hames stated that she appreciated the organization in the revision. She continued by asking how many City Manager designees could be appointed. Mrs. Wilson stated that a "designee" could be any member of staff that fulfills the function of his/her job. Vice-Chairman Hames asked when a potential applicant would be advised of the "nuisance" factors mentioned in Section I OD-600. Minutes of the Planning and Zoning Commission May 14, 2013 Page 6 of 7 Mrs. Wilson answered that an applicant would be advised at the time of application. Vice-Chairman Haines noted that the locations allowed for the sale of Christmas trees and firewood did not include the location used by several "big box" stores in the City, who sell these products near the doorways. Mrs. Wilson responded that there are exceptions to the regulations listed in this ordinance for sales considered to be "under the eaves" or upon the "apron" of a building. Stores selling in this area, defined as adjacent to the front entrance, would not be required to obtain a temporary sales permit. Commissioner Hall asked about sales in cordoned off areas of parking lots and if these sales require City approval. Mrs. Wilson confirmed that this type of sale requires site plan approval through the City and that the sales must be located in excess parking spaces. Commissioner Hall asked if the new ordinance is not necessarily to change the regulations, but to simplify. Mrs. Wilson responded affirmatively - that the proposed ordinance is designed to simplify the search process and compile all similar temporary uses into one (1) location. Commissioner Molina asked about whether a notarized letter is necessary for a property owner or tenant to allow the temporary use of his property. Mrs. Wilson responded that from a staff perspective, a notarized letter ensures staff that permission has indeed been granted. Commissioner Molina asked if a signed letter on company letterhead would be sufficient. Mr. Joyce, Planning Director, stated that it is very easy to replicate business letterhead these days. City Attorney Ed Voss added that he prefers the notarized permit because it affords the City a level of confidence in the application process. Commissioner Hall asked if a group knew it would be having multiple sales at a particular site, could the host sign and notarize a letter granting permission for that group for a certain period of time. Mr. Voss answered affirmatively. Mrs. Campa stated that certain groups have such a letter and that the group retains the original and brings it to the City to be copied for each application. Minutes of the Planning and Zoning Commission May 14, 2013 Page 7 of 7 Commissioner Hebb asked if the ordinance needs to specifically state that a timeframe needs to be noted within the notarized letter from the property owner. Mr. Voss responded that the timeframe is already implied in the ordinance. Commissioner Hebb asked where the "exception" for under eave or apron sales was located in the proposed ordinance. Mrs. Wilson stated that she would find the wording or add it to the proposed ordinance in the next draft. Chairman Bambury congratulated staff on completing the revisions. Chairman Bambury opened the Public Hearing. No one came forward. Chairman Bambury closed the Public Hearing. It was moved by Commissioner Hall to approve Item 3.5; seconded by Commissioner Hebb. Motion carried (7-0). There being no further questions or discussion, Chairman Bambury adjourned the meeting at 7.23 PM. Richard Bambury, Chairman ~ Aftl-w F rc Campa, Actin Recording Secretary