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HomeMy WebLinkAbout07/09/2013 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION JULY 9, 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, July 9, 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 Member Absent: Cesar Molina, Jr. City Council Liaison Present: David Terre, City Council Place 4. Staff Present: Mike Joyce, AICP, Planning Director; Brooks Wilson, AICP, Senior Planner; Cordon Scruggs, Engineering Director; Ed Voss, City Attorney; and Brian McNuelty, 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 June 25, 2013 Regular Session. 2.2 FP13-0007, 121 Office Plaza Addition Consider approval of a Final Plat of Lot 1, Block A of the 121 Office Plaza Addition, being a 1.95 acre tract of land, located on the north side of the Sam Rayburn Tollway (S.H. 121) and approximately 350 feet west of Blair Oaks Drive. Commissioner Wade moved by to approve Items 2.1 and 2.2. Commissioner Hebb seconded and the motion carried (6-0). 3.0 PUBLIC HEARING 3.1 5113-0006, Comprehensive Plan Amendment Conduct a public hearing, discuss and consider making a recommendation to City Council regarding five (5) amendments to the Future Land Use Plan Map of the Comprehensive Plan of the City of The Colony for the Water's Edge residential development, the Denton County Offices tract, the Lakeside Medical Associates tract, a 13.11 acre tract and a 12.25 acre tract to the south and west, respectively, of the Lakeside Medical Associates tract, and a 4.77 acre tract along the east side of Elm Street, from East Lake Highlands Drive to Witt Drive. Brooks Wilson, Senior Planner, presented the staff report. Minutes of the Planning and Zoning Commission July 9, 2013 Page 2 of 9 There were no questions from the Commissioners. Chairman Bambury opened the Public Hearing. No one came forward to speak and the Public Hearing was closed. Commissioner Hames moved to approve Item 3.1. Commissioner Hall seconded and the motion carried (6-0). 3.0 PUBLIC HEARING 3.2 Z12-0001, Water's Edge Rezoning Request: 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 along Lake Lewisville on 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. Ms. Wilson presented the staff report. Commissioner Hebb asked if the Home Owner's Association voted to endorse the planned development document. Mr. Dick Ensweiler, 7205 Water's Edge Drive, representing the Water's Edge Home Owner's Association, stated that the Executive Board voted to approve the document's contents. Mr. Mike Joyce, Planning Director, added that the HOA representatives and the City staff have reached an agreement regarding the ownership and maintenance of Water's Edge Drive, from the southern entrance to Augusta Street and that the City is assisting the HOA in obtaining a new easement from the US Corps of Engineers. Chairman Bambury opened the Public Hearing. No one came forward to speak and the Public Hearing was closed. Commissioner Hall moved to approve Item 3.2. Commissioner Hebb seconded and the motion carried (6-0). 3.0 PUBLIC HEARING 3.3 SI13-0007, Comprehensive Plan Amendment Conduct a public hearing, discuss and consider making a recommendation to City Council regarding an amendment to the Future Land Use Plan Map of the Comprehensive Plan of the City of The Colony for the Trinity Presbyterian Church property located at 4700 Nash. Ms. Wilson presented the staff report. Commissioner Hall asked the approximate setback of the church building from Main Street. Ms. Wilson answered that the buildable area is between 180 and 200 feet deep, which is large enough for a small shopping center development. Minutes of the Planning and Zoning Commission July 9, 2013 Page 3 of 9 Mr. Joyce added that the undeveloped area would accommodate a shopping center of the size of the center at 4181 Main Street that houses Palio's Pizza, The Colony Cafe and several other office and retail businesses. Commissioner Hall asked if the church had plans to relocate the playground away from the proposed retail development. Ms. Wilson answered that no site plan had been submitted and that this issue had not been discussed with staff. At the request of Commissioner Wade, Chairman Bambury closed the Regular Session in order to convene in Executive Session. The Executive Session began at 6:51 PM. 4.0 EXECUTIVE SESSION 4.1 The Planning and Zoning Commission convened into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney. Chairman Bambury reconvened the Regular Meeting at 7:13 Pm. Commissioner Hebb asked if the church could develop single family residential homes on the undeveloped portion of the property. Ms. Wilson responded affirmatively. Commissioner Haines asked to see a site plan exhibit of the church showing the relative location of the church, the education building, the parking and the undeveloped portion of the property. Commissioner Wade asked if the intersection at Main Street and Nash will be signalized. Mr. Gordon Scruggs, Director of Engineering, answered that, at this time, a traffic signal is not warranted at this location. Commissioner Hebb asked if development occurred across Main Street from the church property, such as a grocery store, would that trigger a traffic signal. Mr. Scruggs answered that staff would analyze the impact of any new development to determine if the anticipated added traffic would warrant signalization. Chairman Bambury opened the Public Hearing. Christina McKinzie, 4721 Lemmon Court, expressed concern over the uncertainty of the future development since there is no proposed plan or committed businesses at this time. She added that the church expanded approximately seven years ago and that that expansion caused an immediate rodent problem at her home. She asked if the retail development, should it occur, necessitate a screening wall or fence between the land uses. Minutes of the Planning and Zoning Commission July 9, 2013 Page 4 of 9 Ron Rutkowski, 4701 Lemmon Court, stated that as a 32 year resident of The Colony, he was opposed to the Comprehensive Plan amendment and rezoning request due to increased traffic and the uncertainty of what type of tenants could occupy the potential shopping center. He stated further that the City of The Colony is growing in stature and that the City is gaining a positive image along S.H. 121 and that the level and quality of development should be imposed along Main Street as well. He reiterated the current need for signalization at Main Street and Nash and suggested that a funeral home would be an excellent tenant should the amendment and the rezoning request be approved. John Fowler, 6713 Joy Drive, stated that as a member of Trinity Presbyterian Church he has maintained close ties to the church over the years in spite of being a pastor to another Presbyterian church. He stated that the church is responding to changing economic times and that the church is unable to know the specifics of the future development until the zoning is in place. He stated that in order to negotiate with potential buyers, the first step is to obtain the zoning change to allow the development. He went on to say that the proximity of the church will preclude several land uses, such as liquor stores, and concluded that since the church does not pay property taxes, by changing a portion of the acreage into commercial real estate, the City would benefit by adding this land to the tax rolls. Mr. Ed Voss, City Attorney, added that there are distance requirements imposed by the Zoning Ordinance of the City for certain land uses from a church property. Mr. Jesse Nikkel, 6000 Mayes, stated that as a relatively new resident of The Colony, he researched the locations of where he wished to purchase a home and was aware that everything on the east side of Main Street, between South Colony Boulevard and North Colony Boulevard, with the exception of the intersections, was zoned Single Family Residential. He expressed an appreciation for the intentions of the church and that the adjacent residential community may "get lucky" with the choices of tenants for the future shopping center and that the City of The Colony would benefit financially from added commercial development in terms of taxes. Mr. Nikkel quoted one of the stated goals of the 2007 Comprehensive Plan, that of "preserving and improving neighborhoods" and asked the Commission if this Comprehensive Plan amendment and subsequent zoning change is likely to achieve that goal. Mr. Stephen Thomas, 6105 Terrace Drive, representing Trinity Presbyterian Church, explained the reasons why the church is seeking the rezoning. He stated that the church has long been active serving the community through ministry, Vacation Bible School and youth programs, and local outreach such as assistance with rebuilding, renovations and upkeep of homes and property of citizens in need. In order to continue this work, the church needs to reduce its debt. He went on to say that the church wants to be a good neighbor and it is in the best interest of the church to have compatible land uses in any commercial development adjacent to the church. By rezoning the entire property, the church would be in a more beneficial position to negotiate with potential buyers. Mr. Thomas added that the Gateway Overlay District regulations would require that any commercial development meet high standards for aesthetics and that a screening wall between the shopping center and the single family residences would be required. He added that following the widening and improvement of Main Street, the traffic situation that the residents mentioned regarding the intersection of Main Street and Nash may be improved. Minutes of the Planning and Zoning Commission Jaly 9, 2013 Page 5 of 9 Commissioner McCormick asked Mr. Thomas that if the Comprehensive Plan amendment and the rezoning request were granted, will the church remain on the property. Mr. Thomas answered affirmatively. Commissioner Hebb asked Mr. Thomas if the church had considered developing single family lots instead of a commercial shopping center. AIr. Thomas stated that the single family option would not be as financially viable as a commercial development. Todd McIlroy, 6204 Jennings, stated that during rush hour he walked from his home to City Hall in 15 minutes. The same trip, using his car, took 25 minutes to drive. He stated that the traffic along Main Street during rush hours is already congested and that this added development would certainly worsen the situation. He also expressed concerns of the development lowering the value of his property. Shirley Goossen, 4705 Lemmon Court, expressed safety concerns of having a commercial development behind her home. Since she has an alley-facing garage, a screening wall could become a safety hazard as she enters her home. Chairman Bambury asked if any other citizens wished to speak on this item. No one else came forward to speak and the Public Hearing was closed. Chairman Bambury stated that he has lived in The Colony since 1998 and that he has observed that there are three distinct areas of the City: The Tribute, the S.H. 121 Corridor led by Nebraska Furniture Mart, and the rest of the City. Mr. Bambury expressed that the City needs to work with developers to fill unoccupied storefronts and upgrade existing shopping centers prior to building new commercial development along Main Street. Commissioner Hames stated that she had difficulty accepting the idea of rezoning the entire 4.43 acre property; although she might be able to support the rezoning of the Main Street portion of the church property in the future. Commissioner Hall asked staff if the Residents' Comment sheet which was included in the Planning and Zoning Commissioner's packet would be part of the public record. Ms. Wilson answered affirmatively. Commissioner Hall added that he could not support the Comprehensive Plan amendment or the rezoning of the property since it is not in the best interest of the City of The Colony and its citizens. There being no further comments, Chairman Bambury called for a motion. Minutes of the Planning and Zoning Commission July 9, 2013 Page 6 of 9 Commissioner Hames moved to deny Item 3.3. Commissioner Hall seconded and the motion carried (6-0). Mr. Joyce indicated that since the motion was approved by the Planning and Zoning Commission to deny the Comprehensive Plan Amendment, a super majority of the City Council is required to approve the Comprehensive Plan Amendment. 3.0 PUBLIC HEARING 3.4 Z13-0002, Trinity Main Development 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 4.43 acres, generally located on the southeast corner of Main Street (FM 423) and Nash Drive, from a Single Family (SF) zoning district to a General Retail (GR) zoning district and the Gateway Overlay District. Ms. Wilson presented the staff report. There were no questions from the Commissioners. Chairman Bambury opened the Public Hearing. No one came forward to speak and the Public Hearing was closed. Commissioner Hall moved to deny Item 3.4. Commissioner Hebb seconded and the motion carried (6-0). 3.0 PUBLIC HEARING 3.5 SI13-0003, Text Amendment to the Zoning Ordinance (Appendix A) to add Indoor Gun Ranges to the Schedule of Uses Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a text amendment to the Zoning Ordinance by adding a new land use of "Gun Range, Indoor" to Sectionl0-200, "Schedule of Uses by District;" by adding a definition of "Gun Range, Indoor" to Section 10-300, "Definitions and Explanations Applicable to the Use Schedule;" by adding Section 10-1380, "Gun Ranges, Indoors" and by adding off-street parking requirements for indoor gun ranges to Section 13-102, "Vehicle Parking Regulations." Ms. Wilson presented the staff report. Commissioner Hall asked if there was a request for a gun range. Ms. Wilson answered affirmatively. Mr. Joyce stated that one of the issues not addressed in the staff presentation was that of air quality and air handling. Air handling to remove lead particulates is an important issue for gun ranges - not so much for the shooters, who are in the building for a limited time - but for the employees, who must breathe the air for extended periods of time. The Eagle Gun Range in Lewisville is a first class example of an indoor gun range which has excellent air handling equipment. Minutes of the Planning and Zoning Commission July 9, 2013 Page 7 of 9 Commissioner Hall asked that if this Zoning Ordinance amendment is passed, could an applicant apply for a permit to build a gun range immediately. Mr. Joyce responded affirmatively. Ms. Wilson added that the applicant would have to follow the Specific Use Permit (SUP) process for the approval of indoor gun ranges to ensure that the standards of construction and safety have been met prior to receiving a Certificate of Occupancy. She stated that the National Rifle Association's Range Source Book has a wealth of information regarding the proper construction, maintenance and operation of gun ranges and that the proposed ordinance refers to this Source Book. Commissioner McCormick asked if a City ordinance may refer to an association's document. Ms. Wilson answered that during the staff's research process, they found that the cities of Plano, Frisco, McKinney and Lewisville all refer to the NRA's Range Source Book and that this document has become the industry standard partly because there are no specific regulations in the adopted International Building Codes. Commissioner Hebb asked if there would be a distance requirement for gun ranges from schools, parks and churches. Ms. Wilson answered that although no specific distance requirements were included in the proposed ordinance, during the SUP process these issues could be a deciding factor and will be considered on a case-by-case basis. Commissioner Hebb asked why 85 decibels (dB) was chosen as the noise limitation. Ms. Wilson responded that this level is consistent with other sections of the Code of Ordinances and is considered to be a "nuisance level" of noise. She added that the NR-A's Range Source Book requires a limit of 65dB. Mr. Scruggs added that any sound over 85dB requires ear protection. Chairman Bambury opened the Public Hearing. No one came forward to speak and the Public Hearing was closed. Commissioner Hall moved to approve Item 3.5. Commissioner Wade seconded and the motion carried (6-0). Minutes of the Planning and Zoning Commission July 9, 2013 Page 8 of 9 3.0 PUBLIC HEARING 3.6 S113-0004, Text Amendment to the Zoning Ordinance (Appendix A) to add Indoor Kennels to the Schedule of Uses Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a text amendment to the Zoning Ordinance by adding a new land use of "Kennel, Indoor" to Section 10-200, "Schedule of Uses by District;" by adding a definition of "Kennels, Indoor," and "Adult Animal" to Section 10-300, "Definitions and Explanations Applicable to the Use Schedule;" and by adding Section 10-1380, "Kennels, Indoors." Ms. Wilson presented the staff report. Commissioner Haines asked why an animal is considered to be "adult" at four months of age. Ms. Wilson responded that the City's Animal Control Manager, Patricia Barrington, stated that four months is the age when most dogs and cats are capable of reproduction, and therefore considered "adult." Commissioner Hall asked if there was a 600-page American Kennel Association manual, similar to the NRA's Source Book, which the staff used to research indoor kennels. Mr. Joyce responded no. Commissioner Hebb asked if there would be higher standards for maintaining cleanliness and air quality within the kennels. Ms. Wilson responded that there are none proposed since this is addressed in the Building Codes. Commissioner Hall asked if there are different standards for indoor kennels. Mr. Joyce stated that the standards are the same for kennels as for other office or retail development. Ms. Wilson stated that these cleanliness issues are typically self-regulating in that the owner or manager of the facility must keep the kennels clean and free of odor in order to attract and maintain clients, who want their pets to be treated as if they were at home. Commissioner Hebb asked if there is an interest in starting an indoor kennel at this time. Ms. Wilson answered affirmatively. Chairman Bambury opened the Public Hearing. No one came forward to speak and the Public Hearing was closed. Commissioner Hebb moved to approve Item 3.6. Commissioner Hames seconded and the motion carried (6-0). Minutes of the Planning and Zoning Commission July 9, 2013 Page 9 of 9 There being no furt qu t' ns or discussion, Chairman Bambury adjourned the meeting at 8:14 PM. Richard Bambury, Chairman u Brian McNuelty, Recording Secretary