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HomeMy WebLinkAbout08/13/2013 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION AUGUST 13, 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, August 13, 2013 at 6:45 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 (arrived at 7:00 PM); Eddie McCormick; Cesar Molina, Jr. and Cody Hall. Board Member Absent: Shannon Hebb City Council Liaison Absent: David Terre, City Council Place 4. Staff Present: Mike Joyce, AICP, Planning Director; Brooks Wilson, AICP, Senior Planner; Gordon 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 6:47 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 July 23, 2013 Regular Session. 2.2 PP13-0005 - The Cascades at The Colony, Phase 2 Addition, Lots I and 3, Block L Consider approval of a Preliminary Plat of Lots 1 and 3, Block L of The Cascades at The Colony, Phase 2, being a 16.59 acre tract of land, located on the northeast corner of the Morningstar Drive and the Sam Rayburn Tollway (S.H. 121). 2.3 FP13-0008 - The Cascades at The Colony, Phase 2 Addition, Lot 1, Block L Consider approval of a Final Plat of Lot 1, Block L of The Cascades at The Colony, Phase 2, being a 10.75 acre tract of land, located on the southeast corner of the Morningstar Drive and Crescent Court. 2.4 RP13-0002 - Garza-Little Elna Lake Estates, Lot 35R, Block I Consider approval of a Replat of Lots 35, 36, 37 and 38, Block 1 of Garza-Little Elm Lake Estates into one lot, Lot 35R, Block 1 of Garza-Little Elm Lake Estates, being a 0.278 acre tract of land, located on the west side of Elm Street and approximately 4500 feet south of East Lake Highlands Drive, also known as 7329 and 7339 Elm Street. Commissioner Hames moved by to approve the Consent Agenda, with the corrected Minutes. Commissioner Hall seconded and the motion carried (5-0). Minutes of the Planning and Zoning Commission August 13, 2013 Page 2 of 8 3.0 PUBLIC HEARING 3.1 PDA13-0002 - Text Amendments The Tribute Planned Development PD-18 & PD-23 Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding amendments to The Tribute Planned Development PD-18 & PD-23 development standards. The property is located on the east and west sides of Lebanon Road on The W nnwood Peninsula. Brooks Wilson, Senior Planner, 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 approve Item 3.1. Commissioner Molina seconded and the motion carried (5-0). 3.0 PUBLIC HEARING 3.2 SI13-0009 -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. Ms. Wilson presented the staff report. The applicant, Stephen Thomas, 6501 Terrace Drive, The Colony, representing Trinity Presbyterian Church, addressed questions of traffic, property values and noise that had been brought up at the previous public hearing. He went on to state that the church intends to be a good neighbor and is in negotiation with a funeral home owner in Abilene to bring a funeral home use to The Colony. Commissioner Haines asked Mr. Scruggs, Director of Engineering, to comment on the traffic issue on Nash Drive. Mr. Scruggs stated that no site plan has been submitted as yet and exact projections of expected traffic have not been calculated. He added that the access to the Denton County offices will be moved to align with Nash Drive during the widening of FM 423 (Main Street), which will increase the traffic numbers at this intersection, possibly warranting signalization. Commissioner Hall discussed the possibility of reduced property values for the homes in the immediate area of the rezoning request. He stated that homes farther east on Nash would not be affected as much as homes directly across from the proposed site. Commissioner Hall then asked legal counsel if Items 3.2 and 3.3 can be considered simultaneously. Ed Voss, City Attorney, responded that each item must be considered separately. Minutes of the Planning and Zoning Commission August 13, 2013 Page 3 of 8 Commissioner Hall expressed his view that the Letter of Intent provided by the funeral home operator was not legally binding. Commissioner Hall then asked Mr. Thomas to describe any assurances the church could give that a funeral home will be built on the proposed site. Mr. Thomas responded that the church has a fiduciary duty to uphold the current value of the church property and has a vested interest in seeing the proposed site developed into a land use that would be compatible with the church use. Mr. Roland Freeman, 6508 Briarmeade Drive, Dallas, Texas, stated that he represented the Administrative Commission for the Presbytery, which oversees the purchase and selling of church lands for the Presbyterian Church within the state of Texas. Mr. Freeman stated that the selling off of the 1.58 acre tract would greatly reduce or possibly eliminate the debt of the church, allowing the church to continue its mission in The Colony. Commissioner Hall asked if the land would be sold to a developer or to an end buyer. Mr. Freeman responded that the land would be sold to an end buyer, and that deed restrictions would be placed on the sale to ensure that the use of the land would remain compatible with the church land use. Commissioner Molina stated that he was pleased that the applicant was requesting "Office/Commercial" and felt that an office zoning designation would also be appropriate at this location. Commissioner Wade stated that this request was exactly the same as the previous Comprehensive Plan request made a month past. The end result would be a retail development, which the residents have already expressed opposition to. Chairman Bambury opened the Public Hearing. He asked that the citizens speaking in favor of the item come forward. Holly Carroll, 4717 Lemmon Court, The Colony, spoke in favor of the item. Ms. Carroll stated that she is a homeowner who would be directly affected by the proposed change since her rear yard is adjacent to the church. She went on to say that the church has been a good neighbor and that it would be a great loss to The Colony should the church not survive. Ms. Carroll stated that although there is uncertainty with any change, she asked the Commissioners to give the church a fighting chance of survival by approving the item. Louise Knuth, 4432 Chapman, The Colony, spoke in favor of the item. As a long-time member of Trinity Presbyterian Church, Ms. Knuth stated that as a member of the church and as an older resident, she was especially in favor of the addition of a funeral home in The Colony. She went on to say that the current location of funeral homes make traveling to and from a service burdensome. She asked that the Commissioners vote to approve the requested changes and added that funeral homes were a growth industry. Janet Ohlig, 5501 Wilshire Lane, The Colony, spoke in favor of the item. As a long-time member of Trinity Presbyterian Church, Ms. Ohlig stated that she has seen the mission of the Minutes of the Planning and Zoning Commission August 13, 2013 Page 4 of 8 church expand from a focus on its members to an outreach that serves the entire city. Some of the functions of the church are providing facilities, free of charge, to groups in need, including the city Parks Department, Katrina victims, blood drives and the Boy Scouts. The church initiated the group Al's Hugs and Hammers that works with the city's Volunteer Assistance Program to aid low-income residents with needed home repairs. Ms. Ohlig asked that the Commission help the church to continue these important community functions. Lydia Gober, 4920 Crawford Drive, The Colony, spoke in favor of the item. Ms. Gober stated that she has lived in The Colony for 31 years and that it has been a great place to raise a family. She believes that the traffic concerns are a result of population growth and not any one land use. She went on to say that property values are currently excellent and likely to continue upward. The proposed site will be developed at some point in the future - she stated that it would be beneficial to the church for it to be developed now rather than later. John Fowler, 6713 Joy Drive, spoke in favor of the item. Mr. Fowler 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 Main Street is already congested and one more commercial use would not affect the traffic numbers to a measurable extent. Although some residents have concerns, many more have expressed support for the changes to the Comprehensive Plan and the Zoning Map. Rev. Beverly Hughes, 4700 Nash, The Colony, Interim Pastor of Trinity Presbyterian Church, spoke in favor of the item. Rev. Hughes went on to say that the church, prior to submitting its request to the city, invited nearby residents to the church for a luncheon so that the intent of the church and the reasons for the proposed zoning change could be known to the neighborhood. No one else came forward to speak in favor of the item. The following citizens in attendance at the meeting declined to speak, but filled out Citizen Input Forms expressing their support for the item: Ronald Lawson, 4905 Roberts Drive, The Colony Kathleen Lawson, 4905 Roberts Drive, The Colony Lyn Gray, 5325 Yager Drive, The Colony Cindy Thomas, 6501 Terrace Drive, The Colony Clyde Ding, 4809 Roberts Drive, The Colony Richard Van Tries, 7053 Longo Drive, The Colony Robin Dilzer, 5845 Southmoor Lane, The Colony W. R. Mysinger (no address given) Ron McKee, 5244 Reed Drive, The Colony Franklin Diminio, 5436 Mountain Valley, The Colony John Fiedler, 3920 Creek Hollow Way, The Colony Paula Mallory, 4304 North Colony Boulevard, The Colony Chairman Bambury then asked that the citizens speaking against the item come forward. Christina McKinzie, 4721 Lemmon Court, spoke against the item. Her home is located directly south of the proposed site. She expressed concerns about possible pollution from a funeral home or a crematorium. Ms. McKinzie also expressed concerns relating to traffic interruptions due to Minutes of the Planning and Zoning Commission August 13, 2013 Page 5 of 8 funeral processions and overflow parking on the residential streets. She stated that the church itself has expressed that they have a very short timeline in which to prove their financial viability to the Presbytery. She has doubts that they can meet this time constraint. Holly Self, 4833 Pemberton, The Colony, spoke against the item. She stated that traffic, parking and access to Main Street would all be issues detrimental to the neighborhood should the land use be changed from Single Family. Ms. Self expressed doubt that the proposed site was big enough to accommodate a business and the required parking, given that TxDOT would be taking some of the property for the widening of Main Street. No one else came forward to speak and Chairman Bambury closed the Public Hearing. Commissioner Hall asked when the church held the luncheon for the community. Rev. Hughes answered the second Saturday in June. Commissioner Hall then. asked how many residents attended. Rev. Hughes answered six. Commissioner Hall asked staff about the pollution risks associated with funeral homes and/or crematories. Michael Joyce, Planning Director, stated that staff had conducted extensive research and found that the State of Texas closely regulates funeral homes and crematories, ensuring that no pollutants escape into the environment. Since there were no additional questions from the Commissioners, Chairman Bambury called the question. Commissioner Molina moved to approve Item 3.2. Commissioner McCormick seconded and the motion carried (4-2, with Commissioners Hall and Wade opposed). 3.0 PUBLIC HEARING 3.3 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 an undeveloped tract of land totaling approximately 1.58 acres, owned by Trinity Presbyterian Church, generally located adjacent to Main Street (FM 423) at Nash Drive, from a SF-Single Family zoning district to a GR-General Retail zoning district and the Gateway Overlay District. Ms. Wilson presented the staff report. The applicant, Stephen Thomas, reiterated the church's need to sell the 1.58 acres to continue its ministry in The Colony. Commissioner Hames asked if the church had considered leasing the property rather than selling. Minutes of the Planning and Zoning Commission August 13, 2013 Page 6 of 8 Mr. Freeman answered no. He went on to state that the church needs to reduce or eliminate its debt service and that can be accomplished only through the sale of the land. Commissioner Hall asked if the one-time cash influx would keep the church from failing, and if the sale is not made, would the church likely fail. Mr. Freeman answered that the sale would pay off the majority of the debt. If the sale is not made, the church may have to sell the entire property and relocate, possibly out of The Colony. Commissioner Hall asked if the church would have to sell to another Single Family land use. Ms. Wilson answered affirmatively. The land uses that could use the property by right are single family, churches and schools. Chairman Bambury opened the Public Hearing. He asked that the citizens speaking in favor of the item come forward first. Lydia Gober spoke in favor of the rezoning request. She stated that, as Christians, they are sometimes asked to take a "leap of faith." She asked the Commissioners to take that "leap of faith" that the church would act as good stewards of the land and vote to allow the rezoning to occur. Stephen Thomas spoke in favor of the rezoning request. He responded to a previous citizen comment regarding pollution emitting from funeral homes or crematories. He stated that his research showed that there was more mercury pollution from broken public light fixtures than from funeral homes or crematories and that residential fireplaces emit ash into the environment as well. No one else came forward to speak in favor of the item. Chairman Bambury then asked that the citizens speaking against the item come forward. Christina McKenzie spoke against the item. She responded to Mr. Thomas' assertion that the pollution from residential fireplaces was similar to that of a crematorium. She said that the ash from a fireplace is a wood product whereas the ash from a crematorium is human remains. She added that a funeral home should be placed where residential homes could be built nearby by choice, rather than locating the funeral home or crematorium in an already established residential neighborhood, where the residents have no choice of their neighbor. Robert Baker, 4709 Pemberton Lane, The Colony, spoke against the item. He stated that he believes it is unlikely that TxDOT would allow driveway access to the proposed site from Main Street due to distance requirements. If no access were allowed off of Main Street, all the traffic from the proposed site would be forced to use Nash. In addition, sound walls are planned for portions of Main Street, which also might impede access to the site. No one else came forward to speak and Chairman Bambury closed the Public Hearing. Minutes of the Planning and Zoning Commission August 13, 2013 Page 7 of 8 Chairman Bambury reminded the Commissioners that although much of the discussion focused on the funeral home land use, that the rezoning request was from SF-Single Family to GR- General Retail, which allows many land uses in addition to funeral homes. Commissioner Hall added that if approved, the GR-General Retail zoning district would allow many land uses and that the Commission would not, at any future time, have the authority to deny any of them. He added that when the former rezoning case was heard, Chairman Bambury had stated that there were many vacant commercial properties within The Colony and that these should be filled with tenants prior to rezoning additional land to commercial uses. Commissioner Hall stated his agreement with Chairman Bambury's assessment and that he was against the rezoning request for these reasons. Chairman Bambury asked staff to clarify the difference between the "Office/Commercial" designation on the Future Land Use Plan and "GR-General Retail" on the Zoning Map. Ms. Wilson explained that the "Office/Commercial" is a broad designation that includes many zoning districts, such as Office, General Retail, Business Park and Commercial. GR-General Retail is more specific and spells out, in the Schedule of Uses, the exact land uses that may be located within that zoning district. In other words, "Office/Commercial" refers to the preferred Future Land Use, while the zoning category, GR-General Retail, refers to the actual land uses which are allowed to be built by right or built with City Council approval of a Specific Use Permit (SUP) in the specific zoning district (GR-General Retail). Commissioner Molina asked if there was a way to allow the funeral home to be built in the Office zoning district, with a Specific Use Permit. Mr. Joyce responded that, at this time, the Schedule of Uses does not allow a funeral home in the O1-Office zoning district, even with a Specific Use Permit. The General Retail zoning district is the least intensity zoning district that currently allows the funeral home use. He added that with straight zoning, such as GR-General Retail, it is not legal to specify what use will be built there. That is considered to be "contract zoning" and is not allowed by state law. Commissioner McCormick stated that although there were shopping centers with vacancies, newer centers or those centers that have made improvements are generally 100% occupied. It is the older centers have higher vacancy rates. While he understands the concerns of the homeowners, he voiced his opinion in favor of the rezoning request. Since there were no additional questions from the Commissioners, Chairman Bambury called the question. Commissioner McCormick moved to approve Item 3.3. Commissioner Hames seconded and the motion failed (2-4, with Chairman Bambury and Commissioners Hall, Molina and Wade opposed). Minutes of the Planning and Zoning Commission August 13, 2013 Page 8 of 8 a' There being no f he e tions or discussion, Chairman Bambury adjourned the meeting at 8:17 PM. Richard Bambury, Chairman Brian N)Mdelty, Re rding Secre ry