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HomeMy WebLinkAbout06/09/2015 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION JUNE 9,2015 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, June 9, 2015 at 6:37 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, Chairman, Cody Hall, Vice Chairman, Jr., Brian Buffington,Janece Pool, Detrick DeBurr, and Shannon Hebb. Board Members Absent: Cesar Molina City Council Liaison: David Terre, City Council Place 4 Staff Present: Mike Joyce, AICP, Planning Director, Gordon Scruggs, P.E., Engineering and Development Services Director; Joe Perez, Program Administrator, Surupa Sen, Senior Planner, and Ed Voss, City Attorney. 1.0 CALL REGULAR SESSION TO ORDER Chairman Hames called the meeting to order at 6:37 p.m. 1.1 CITIZEN INPUT No citizens came forward during Citizen Input. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the May 26, 2015 Regular Session. Chairman Hames read the Consent Agenda item into the record. Commissioner Hebb moved to approve Item 2.1, Commissioner Hall seconded the motion. Motion carried (6-0). 3.0 PUBLIC HEARING ITEMS 3.1 SI15-0010 Zoning Ordinance Text Amendment Conduct a public hearing, discuss and consider making a recommendation to City Council on a text amendment to Section 10-100, Use of Land and Buildings and Section 10-300, Definitions and Explanations Applicable to Use Schedule with regards to Mobile Food Vending. Chairman Hames read Public Hearing Item 3.1 into the record. Mr. Joe Perez presented the staff report. Chairman Hames opened the public hearing at 6:45 p.m. 1 City of The Colony June 9,2015 Planning and Zoning Commission Meeting Minutes Page 2 of 6 No input was received during the public hearing and the public hearing was closed at 6:46 p.m. Commissioner Hebb asked if this includes ice cream trucks and push carts. Mr. Perez answered yes. Mr. Perez also stated that there are two ordinances which will be adopted by City Council. One will be to amend the Zoning Ordinance, and the other will amend Chapter 6, Building, Construction, Health and Sanitation concerning mobile food vending. Mr. Joyce clarified that the land use table in the Zoning Ordinance is being amended so that mobile food vending will be allowed in all zoning districts, as well as to follow the regulations found in Chapter 6, Building, Construction, Health and Sanitation of the Code of Ordinances. Commissioner DeBurr asked whether the mobile food truck will include any mobile food vending. Mr. Perez answered that Mobile Food Vending, under the new definition, will include mobile food trucks,push carts, and snow cone stands. Chairman Hames asked what is meant by access to sanitary facilities. Mr. Perez explained, that as part of the agreement, the vendor locating on a site must have written permission from permanent business owner to have access to the permanent business owner's restrooms for the vendor's employees. There being no further discussion Chairman Hames called for called for a motion from the Commission. Commissioner Hall moved to approve Item 3.1. Commissioner DeBurr seconded the motion. Motion carried (6-0). 3.2 SUP14-0011 Brazos Electric Power Cooperative —Electrical Substation Specific Use Permit Conduct a public hearing, discuss and consider making a recommendation to City Council on a request for a Specific Use Permit (SUP) to allow an electrical substation facility known as the Josey Electrical Substation on 10.445-acres of land located near the northwest corner of Plano Parkway and Windhaven Parkway, approximately 100 feet North of Windhaven Parkway in Planned Development 10(PD-10)zoning district. Chairman Hames read Public Hearing Item 3.2 into the record. Ms. Sen presented the staff report. Chairman Hames requested to move to executive session at 6:52 p.m.to receive legal advice from the City Attorney. Commission returned to regular session at 7:05 p.m. The applicant's representative, Sarah Williamson, engineer from Kimley-Horn and Associates, approached the Commission to answer questions. City of The Colony June 9,2015 Planning and Zoning Commission Meeting Minutes Page 3 of 6 Commissioner Hall asked if they will be willing to add more trees to the Windhaven Parkway side. Ms. Williamson answered that they have provided some trees on the Windhaven side which is more than the Code required. Chairman Hames asked if the applicant had reviewed alternate locations or only this site. Mark Buckingham with Brazos Electric responded that they have looked at couple more options for this facility. Ultimately this site was chosen by CoSery as the ideal site. Commissioner Hebb asked who the main customers are served by this substation. Mr. Buckingham answered Nebraska Furniture Mart is the primary client,but it is also serving the area in general. Commissioner Hebb asked whether any consideration was given to a site being located closer to the existing Oncor substation, and the distribution lines there. Mr. Buckingham stated that they looked into that area, but it did not meet CoSery requirements. Craig Chambers from CoSery stated that this site was chosen for cost and ease of access with the existing right-of-way that is available to this site. Being no more questions from the Commission, Chairman Hames opened the public hearing at 7:13 p.m. Henry Billingsley from Billingsley Company approached the Commission to speak. Mr. Billingsley stated that they own 1,700 acres surrounding this site, and nobody contacted them regarding an alternate location or other possible site. Mr. Billingsley continued that if Cosery would have considered taking 5-acres under the power lines or 5-acres to the north rather than to the south where they currently have the site,the extremely viable retail corner at Windhaven and Plano Parkway would have been saved. Also Mr. Billingsley stated that if they move their 5-acre site to north,the land is flatter, with less drainage issues. There is a median cut on Plano Parkway to access the site,whereas the current(south) site does not have room for a median cut as it is too close to the intersection. Bill Walker, development engineer for Billingsley Company, approached the Commission to speak. Mr. Walker mentioned that this substation will generate overhead utility lines on both sides of Plano Parkway. Commissioner Hebb asked the CoServ's representative, Craig Chambers, why there will be overhead power lines, and not underground power lines. Mr. Chambers stated that due to cost of installing underground lines,the lines will be placed overhead. They have asked adjacent property owners for an easement to bury the lines,but the cost wasn't feasible for CosSery since the additional cost would be placed on existing customers as a rate increase. Commissioner Hebb asked if they are placing the lines in the right-of-way, why not place the lines underground as there will be no need for purchasing easements from neighboring property owners. Mr. Chambers stated that in future, if the right-of-way expands, it will be CoServ's City of The Colony June 9, 2015 Planning and Zoning Commission Meeting Minutes Page 4 of 6 responsibility to move the underground lines. CoSery doesn't want its customers to carry that cost burden. Commissioner Pool asked Mr. Billingsley to explain what he meant by the substation site moving further north and saving the retail corner at Windhaven Parkway and Plano Parkway. Mr. Billingsley clarified that the power lines are located towards the north half of the 10-acre subject property. Shifting the property 5-acres to the north will leave a developable retail size property at the corner. Retail development located at the corner will also provide a better view buffer from the substation. Mr. Billingsley also mentioned that during Austin Ranch's development, they have worked with TXU Energy to put all of their power lines underground with no additional cost to the property owners. Commissioner Pool asked if any consideration was given to moving the substation site 5-acres to the north, and saving the corner for retail. This would seem to be a"win win" situation for all involved. Mr. Buckingham from Brazos stated that there are two power lines one heavy 345 volt and one a 138 volt line. Brazos is connecting to the lower voltage line that is in the middle of the site. Mr. Buckingham stated that going under the heavy power line is more difficult. Commissioner Buffington asked what the difficulties were. Mr. Buckingham could not respond to that as it was an engineering issue and he is not an electrical engineer. Mr. Billingsley approached the Commission and stated that he has checked with a TXU or Oncor representative who indicated to them as long as there is 5 or 6 foot clearance, there is no problem in going under the high voltage power line. Commissioner Hall asked Mr. Buckingham and Mr. Chambers that the use of overhead power lines and the site location not being placed further north are primarily cost driven and due to no other factor. Mr. Chambers replied yes to the overheard power lines. Mr. Buckingham stated he did not know the details or possible difficulties on moving the site to the north. Commissioner Hebb asked whether CoSery has actually produced a document showing feasibility of this site versus all the alternate locations that CoSery had looked into before choosing this site. Mr. Chambers stated he is not aware of such a study being done. But they did heat map survey, platted lot, green land and some other criteria evaluation a year ago. Chairman Hames closed the public hearing at 8:05 p.m. City Attorney Ed Voss requested the Commission adjourn into Executive Session in order to discuss legal issues on this item. Commission went into Executing Session at 8:05 p.m. City of The Colony June 9, 2015 Planning and Zoning Commission Meeting Minutes Page 5of6 The Commission reconvened into Regular Session at 8:18 pm. There being no further discussion Chairman Hames called for called for a motion from the Commission. Commissioner Hebb moved to approve Item 3.2. Commissioner DeBurr seconded the motion. Motion carried (4-2) with Commissioner Hall and Commissioner Buffington voting against. 3.3 SUP15-0003 Brazos Electric Power Cooperative — Monopole Antenna Specific Use Permit Conduct a public hearing, discuss and consider making a recommendation to City Council on a request for a Specific Use Permit(SUP)to allow a monopole antenna to be located at the Josey Electrical Substation facility on 10.445-acres of land located near the northwest corner of Plano Parkway and Windhaven Parkway, approximately 100 feet North of Windhaven Parkway in the Planned Development 10 (PD-10) zoning district. Chairman Hames read Public Hearing Item 3.3 into the record. Ms. Sen presented the staff report. Chairman Hames opened the public hearing at 8:22 p.m. No input was received during the public hearing and the public hearing was closed at 8:23 p.m. There being no further discussion Chairman Hames called for called for a motion from the Commission. Commissioner DeBurr moved to approve Item 3.3. Commissioner Hebb seconded the motion. Motion carried (4-2) with Commissioner Hall and Commissioner Buffington voting against. 4.0 DISCUSSION ITEMS 4.1 SP14-0022, Brazos Electric Power Cooperative — Electrical Substation Development Plan Discuss and consider making a recommendation to City Council on a request for a Development Plan to allow an electrical substation facility known as the Josey Substation on 10.445-acres of land located near the northwest corner of Plano Parkway and Windhaven Parkway, approximately 100-feet North of Windhaven Parkway in the Planned Development 10 (PD-10)zoning district. Chairman Hames read Public Hearing Item 4.1 into the record. Ms. Sen presented the staff report. City of The Colony June 9, 2015 Planning and Zoning Commission Meeting Minutes Page 6 of 6 There being no further discussion Chairman Hames called for called for a motion from the Commission. Commissioner Hebb moved to approve Item 4.1. Commissioner Pool seconded the motion. Motion carried (4-2)with Commissioner Hall and Commissioner Buffington voting against. There being no further business to come before the Commission, Chairman Hames adjourned the Regular Session of the Planning and Zoning Commission at 8:25 p.m. KarerHames, Chairman S7Pwl... Sur=en, Senior Planner