HomeMy WebLinkAbout01/07/2014 Joint Session
MINUTES
CITY OF THE COLONY
SPECIAL JOINT MEETING OF THE
CITY COUNCIL AND
PLANNING AND ZONING COMMISSION
JANUARY 7, 2014
After determining that a quorum was present, the City Council and the Planning and Zoning
Commission of the City of The Colony, Texas convened into a special session which was held
on Tuesday, January 7, 2014 at 6:30PM in the City Council Chambers located in City Hall, 6800
Main Street, The Colony, Texas, at which time the following items were addressed:
Council Members Present: Joe McCourry, Mayor; Kirk Mikulec; Richard Boyer; Jeff
Connelly; David Terre; Perry Schrag and Joel Marks.
Commission Members Present: Karen Hames, Chairman; Brian Wade, Vice-Chairman;
Shannon Hebb; Cesar Molina, Jr.; Cody Hall; Detrick DeBurr and Brian Buffington.
Staff Present: Mike Joyce, AICP, Development Services Director; Brooks Wilson, AICP,
Senior Planner; Gordon Scruggs, Engineering Director; Jeff Moore, City Attorney; Christie
Wilson, City Secretary
1.0 CALL SPECIAL SESSION TO ORDER
Mayor McCourry called the City Council meeting to order at 6:33 PM.
Chairman Hames called the Planning and Zoning Commission meeting to order at 6:34 Pm.
3.0 PUBLIC HEARINGS
3.1 SI13-00017, Text Amendment to Appendix A, "Zoning"
Conduct a public hearing, discuss and consider making a recommendation to City
Council regarding revisions to Section 10-100, entitled "Schedule of Uses;" by
eliminating, revising or adding definitions to Section 10-300, "Definitions Applicable to
the Schedule of Uses" and the addition of Section 10-2400, "Regulations for Hotels" to
Appendix A, "Zoning" of the Code of Ordinances.
Mr. Joyce presented the staff report.
There were no questions of the City Council.
Mayor McCourry opened the Public Hearing. No one came forward to speak. He then deferred
to Chairman Harries.
Commissioner Molina asked why the requirements for full-service hotels were so proscriptive.
Mr. Joyce explained that the requirements would clearly illustrate the differences in the types of
hotels.
Commissioner Molina moved to approve item 3.1; seconded by Commissioner Hebb. The
motion carried (7-0).
Minutes of the Planning and Zoning Commission
January 7, 2014
Page 2 of 3
Mayor McCourry then called for a motion of the City Council. Council Member Boyer
moved to approve Item 3.1; seconded by Council Member Marks. The motion carried (7-
0).
3.2 SI13-00018, Text Amendment to Gateway Overlay District Ordinance
Conduct a public hearing, discuss and consider making a recommendation to City
Council regarding a text amendment to the Zoning Ordinance by revising Section 10A,
"Gateway Overlay District Regulations" by adding a new Section 10A-400(c)
establishing certain prohibited land uses.
Mr. Joyce explained that since Item 3.1 had been approved, this text amendment was therefore
moot and no action need be taken.
3.3 SI13-0016, Text Amendment to Appendix A, "Zoning," to add "Credit Access
Businesses"
Conduct a public hearing, discuss and consider making a recommendation to City
Council regarding removal of Section 13-169, entitled "Location of Credit Access
Businesses" from the Code of Ordinances, revisions to Section 10-100, entitled
"Schedule of Uses," additions of definitions to Section 10-300, "Definitions Applicable
to the Schedule of Uses" and the addition of Section 10-2300, "Regulations for Credit
Access Businesses" to Appendix A, "Zoning" of the Code of Ordinances.
Mr. Joyce presented the staff report.
City Attorney Jeff Moore stated that because the State of Texas has statutes regarding liquor
sales that Section 10-2300(b) must be struck from the proposed ordinance. This referred to
distance requirements of credit access businesses from liquor stores and convenience stores that
sold alcoholic beverages.
Mayor McCourry asked staff if this ordinance would prohibit check cashing services in grocery
stores.
Mr. Joyce answered no, since that would be a service and that a grocery store does not extend
credit to its customers.
Mr. Moore added that the definitions are sufficiently clear in excluding these types of stores and
services from the ordinance restrictions.
Mayor McCourry opened the Public Hearing. No one came forward to speak. He then deferred
to Chairman Haines.
Commissioner Hall asked the City Attorney for clarification regarding distance requirements for
liquor stores.
Mr. Moore responded that, in this case, the distance requirements are determined by state law
and cities may not impose greater requirements.
Minutes of the Planning and Zoning Commission
January 7, 2014
Page 3 of 3
Chairman Hames asked why the definition of credit access businesses is not a true definition but
rather refers to state statute.
Mr. Moore stated that the definition was crafted following the lead of other cities.
Tim Miller, Assistant City Manager, added that by referring to a statute, the city regulation
remains in full force even if the state revises its codes from time to time.
Commissioner Hall moved to approve item 3.3, with the clause struck as suggested by the
City Attorney; seconded by Commissioner Hebb. The motion carried (7-0).
Mayor McCourry then called for a motion of the City Council. Council Member Boyer
moved to approve Item 3.3, as corrected; seconded by Council Member Marks. The
motion carried (7-0).
3.4 SI13-0019, Text Amendment to Appendix A, "Zoning" Section 24, "Amendments"
Conduct a public hearing, discuss and consider making a recommendation to City
Council regarding revisions to Section 24, "Amendments," of Appendix A, "Zoning" of
the Code of Ordinances regarding public notification and public hearings.
Mr. Joyce presented the staff report.
There were no questions of the City Council.
Mayor McCourry opened the Public Hearing. No one came forward to speak. He then deferred
to Chairman Hames.
There were no questions of the Planning and Zoning Commission.
Commissioner Molina moved to approve item 3.4; seconded by Commissioner Hebb. The
motion carried (7-0).
Mayor McCourry then called for a motion of the City Council. Council Member Boyer
moved to approve Item 3.4; seconded by Council Member Marks. The motion carried (7-
0).
There being no further questions or discussion, Chairman Wade adjourned the Special Session of
the Planning and Zoning Commission at 7:02 p.m.
Mayor McCourry adjourned the Special Session of the City Council at 7:02 p.m.
ILL-
s
Karen H ryes, Chairman
rian c ue ty, Recording Secretary