HomeMy WebLinkAbout10/08/2013 P&Z
MINUTES
CITY OF THE COLONY
PLANNING AND ZONING COMMISSION
OCTOBER 8, 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, October 8,
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 Hames, Acting Chairman; Brian Wade; Shannon Hebb; Cody
Hall; Brian Buffington and Detrick DeBurr.
Board Member Absent: Cesar Molina Jr.
City Council Liaison Absent: David Terre, City Council Place 4
Staff Present: J. Michael Joyce, AICP, Planning Director; Brooks Wilson, AICP, Senior
Planner; Gordon Scruggs, Engineering Director; Felicia Campa, Acting Recording Secretary and
Ed Voss, City Attorney.
1.0 CALL. REGULAR SESSION TO ORDER
Acting Chairman Hames called the meeting to order at 6:33 PM.
1.2 CITIZEN INPUT
No citizens came forward during Citizen Input.
2.0 CONSENT AGENDA
2.1 Election of Officers.
Commissioner Hebb nominated Commissioner Hames for Chairperson, seconded by
Commissioner Hall and the motion carried (6-0).
Commissioner Hebb nominated Commissioner Wade for Vice Chairman, seconded by
Commissioner Hall and the motion carried (6-0).
2.2 Consider approval of the minutes of the September 24, 2013 Regular Session.
2.3 The Glen, Phase 2 Final Plat
Consider approval of a Final Plat of Lots 1-3, 5-13 and 15-35, Block A; Lots 1-23, Block B; 1-
9, block C, 1-5, Block D for a total of seventy (70) residential lots plus Lots ] X, 4X, 14X and
36X, Block A for a total of four (4) common areas of The Glen, Phase 2 at The Tribute, being a
30.24 acre tract of land, located on east side of Lebanon Road at the extension of Millbank
Drive.
Vice Chairman Wade moved to approve the Items 2.2 and 2.3. Commissioner Hebb
seconded the motion and the motion carried (6-0).
Minutes of the Planning and Zoning Commission
October 8, 2013
Page 2 of 6
3.0 PUBLIC HEARING ITEM
3.1 SP13-0010, Camey Elementary Site Plan
Conduct a public hearing, discuss and consider making a recommendation to City Council on a
request for approval of a Site Plan for an 110,545 square foot elementary school for the
Lewisville Independent School District, called Carney Elementary, on approximately 18.46
acres, located at the northwest corner of Blair Oaks Drive and Arbor Glen Road.
Chairman Hames indicated that she has a conflict of interest concerning Item 3.1 since she
is an employee of the Lewisville Independent School District. She recused herself from the
proceedings and left the Council Chamber. Vice Chairman Wade conducted the meeting
for this item.
Brooks Wilson, Senior Planner, presented the staff report.
Commissioner DeBurr asked staff why a site plan requires a public hearing.
Mike Joyce, Planning Director, responded that the City Zoning Ordinance requires it, but that
staff is currently working to remove this requirement from the Code of Ordinances.
Commissioner Hebb asked how busses will access the site.
Mr. Robert Howman, Glenn Engineering, 14001 N. Dallas Parkway, Suite 400, Dallas, Texas,
responded that busses will enter the site off of Arbor Glen Road and exit the site onto South
Colony Boulevard, thus avoiding, as much as possible, the parent drop-off points and possible
conflict with the high school traffic.
Vice Chairman Wade 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 Hebb seconded and the
motion carried (5-0-1, with Chairperson Hames abstaining).
3.0 PUBLIC HEARING ITEM
3.2 PDA13-0003, PD-16 Text Amendments
Continue the public hearing from the Planning and Zoning Commission Regular Session of
September 24, 2013 to discuss and consider making a recommendation to City Council
regarding text amendments to a 23.30 acre portion of Tract D in Planned Development No. 16,
The Cascades, generally located on the northeast corner of the Sam Rayburn Tollway (S.H.
121) and South Colon Boulevard.
Brooks Wilson, Senior Planner, presented the staff report.
Chairperson Hames asked the applicant if he would like to make a statement.
Minutes of the Planning and Zoning Commission
October 8, 2013
Page 3 of 6
Ron Avneri, 6757 Arapaho Road, Suite 711-293, Dallas, TX, made a statement that he is
proposing to build five to six retail buildings in the proposed area. He has contacted potential
tenants and is ready to break ground and that these proposed revisions would assist him in
designing a high quality product.
Commissioner Hall asked if reducing the parking ratio for hotel parking was practical.
Mr. Avneri answered that it was unlikely that a hotel would be built on the site, but that the
reduction in parking would apply to the entire 23 acres and that parking would be shared among
the business uses.
Commissioner Hall asked how the proposed reduction in landscaping along S.H. 121 would be
monitored by staff.
Ms. Wilson stated that it would be written into the PD document which will subsequently guide
future growth on the site.
Commissioner Hall asked staff if the requested reduction in the landscape buffer along S.H. 121.
would create a safety hazard.
Mrs. Wilson responded that, in her opinion, it would not. She added that the landscape buffer
begins at the right-of-way/property line, but that the actual pavement for the frontage road is set
back from this line, creating more space between cars and shopping center parking and/or
vehicular movement.
Commissioner Hall stated that the Gateway Overlay District calls for a twenty-five foot
landscape buffer and asked staff the reasoning behind that particular requirement.
Mrs. Wilson responded that the twenty-five foot requirement is more for aesthetics than strictly
safety issues.
Commissioner Hall asked if there are regulations for signage within the Zoning Ordinance.
Mr. Joyce responded that sign regulations are located in Chapter 6 of the Code of Ordinances
which relates to Buildings.
Commissioner DeBurr asked when the original Planned Development was enacted.
Mr. Joyce responded 1998.
Mrs. Wilson continued by stating that several amendments to PD-16 have been made during the
ensuing years, many to specific sites, such as Evergreen Senior Living and Legacy Day School,
and some making broad overall changes to a tract, such as the complete re-write of the ordinance
for Tract E of PD-16, located east of Morning Star Drive.
Minutes of the Planning and Zoning Commission
October 8, 2013
Page 4 of 6
Vice Chairman Wade asked if the reduced landscape buffer will create a conflict between the
planting of street trees and the utility easement and asked staff the width of the utility easement
located along S.H. 121.
Gordon Scruggs, Director of Engineering, responded that the utility easement is twenty feet wide
and that a five foot CoServe gas easement is placed within the twenty foot utility easement. The
easements are located completely on private property (as opposed to within the right-of-way).
Vice Chairman Wade expressed concern that any trees planted within the easement would be
subject to damage or removal at some future date, depending on utility needs.
Mr. Scruggs responded that the City's contract with the utility companies requires that any trees
that are disturbed or removed due to utility construction or repair be replaced by the utility with
no cost incurred by the property owner. Mr. Scruggs stated that the applicant is increasing the
number of landscape islands within the parking row adjacent to S.H. 121.
Mr. Joyce added that the overall amount of landscaping on the site will remain the same as if the
landscape buffer had not been reduced, but this affords the developer more flexibility in siting
buildings. He went on to say that he prefers more landscaping being provided at the interior of
the site rather than along the roadways.
Commissioner Hebb asked if staff is proposing to make some or all of these revisions applicable
to the Gateway Overlay District.
Mrs. Wilson stated no. The Gateway Ordinance will stand; this item is a text amendment to a 23
acre portion of PD-16 only and the regulations will only apply to the specific tract of land
described in the application.
Commissioner Hebb asked if the Commission could stipulate different regulations.
Ed Voss, City Attorney, answered affirmatively.
Vice Chairman Wade stated that while he agreed with the overall reduction in parking for the
commercial uses, he would propose changing the parking ratio for hotel uses to comply with the
Zoning Ordinance.
Mrs. Wilson stated that the motion should be stated to include the overall parking reduction as
described in the staff report, with the exception of hotel uses, which would remain as listed in the
Zoning Ordinance.
Commissioner Hall asked if the Gateway Overlay District regulations would be affected by
changing the requirements for this tract.
Mr. Voss responded that revisions to a Planned Development do not affect any other area except
the specific parcel of land to which the revisions apply and that by making these or any changes,
it does not set a precedent for other areas.
Minutes of the Planning and Zoning Commission
October 8, 2013
Page 5 of 6
Mr. Joyce responded that there is not a separate parking requirement within the Gateway Overlay
District. Since the Gateway Overlay District is silent on the issue of parking, the Zoning
Ordinance requirements for parking apply. The existing parking ratios create an over-abundance
of parking in most commercial lots. In analyzing requests, staff considers if the proposed use
will have adequate parking. When a shopping center parking lot looks empty, the businesses
suffer since potential customers perceive that the center is unpopular and/or unsafe. Mr. Joyce
added that no precedent is set with a revision to the text of a Planned Development; rather the
use of the PD amendment process allows the applicant the flexibility to design a unique
development that will be a benefit to the City.
Mr. Voss addressed a procedural aspect of Commissioner Hall's question: it is not possible to
expand the scope of the discussion to change the Gateway Overlay District regulations as part of
this item without proper noticing.
Commissioner Hebb asked how many pylon signs would be allowed on the site.
Mrs. Wilson responded by stating that pylon signs are only allowed along S.H. 121, must be
spaced a minimum of 150 feet from one another and only one sign is allowed per commercial
development.
Chairperson Haines opened the Public Hearing. No one came forward to speak the Public
Hearing was closed.
Vice Chairman Wade moved to approve Item 3.2 with the exception that the hotel parking
requirement remains as in the Zoning Ordinance of one parking space per room.
Commissioner Hebb seconded the motion and the motion carried (6-0).
4.0 ITEMS FOR INDIVIDUAL CONSIDERATION
4.1 SI13-0013 - Planning and Zoning Commission Annual Report
Review the 2012-2013 Planning and Zoning Commission Annual Report.
Mrs. Wilson presented the staff report.
Chairman Haines stated that she would like to see the revisions to the Zoning Ordinance moved
to the top of the list.
Mr. Joyce explained the necessity for staff to revamp the Schedule of Uses.
Mrs. Wilson explained the plan of how staff will be presenting the Schedule of Uses in segments
to the Commission.
Commissioner Hebb applauded Mr. Joyce and Mrs. Wilson for their hard work and effort.
Minutes of the Planning and Zoning Commission
October 8, 2013
Page 6 of 6
There being no further questions or discussion, Chairperson Hames adjourned the meeting at
7:29 PM.
Karen Hames, Chairman
Feli ' ampa, Acting Recordi g Secretary