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Home My WebLink About10/27/2015 P&ZMINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION OCTOBER 27, 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, October 27, 2015 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, Chairman, Detrick DeBurr, Vice Chairman, Shawn Rockenbaugh, Brian Buffington, Cesar Molina Jr., Janece Pool, and Shannon Hebb. Board Members Absent: None City Council Liaison: David Terry, City Council Place 4 Staff Present: Gordon Scruggs, P.E., Director of Engineering and Development Services, Surupa Sen, AICP, Senior Planner, Brian McNuelty, Technical Assistant, and David Ritter, City Attorney. 1.0 1 CALL REGULAR SESSION TO ORDER Chairman Hames called the meeting to order at 6:30 p.m. 1.1 1 CITIZEN INPUT No citizens came forward during Citizen Input. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the October 13, 2015 Regular Session. 2.2 PPI5-0006, Tribute WestAddition Preliminary Plat Consider approval of a Preliminary Plat of 406 residential lots and 21 common area lots being 121.889 acres out of the B.B.B. and C.R.R. Survey, Abstract No. 170, Thomas D. Luckett Survey, Abstract No. 751, Thomas D. Luckett Survey, Abstract No. 752, an addition to the City of The Colony, Denton County, Texas located at northwest corner of Boyd and Stratford Road in Planned Development 23 (PD -23) zoning district. 2.3 FP15-0006 Service King Final Plat Consider approval of a Final Plat for Lot 3, Block A, East Oak Wood Village Subdivision, being 2.450 acres out of the B.B.B. & C.R.R. Survey, Abstract No. 173, an addition to the City of The Colony, Denton County, Texas, located on Memorial Drive, west of Budget Suites, north of existing Firestone, in Business Park (BP) zoning district. 2.4 FPI5-0008 East Oak Wood Village Lots 1 and 4, Block A Final Plat Consider approval of a Final Plat for Lots 1 and 4, Block A, East Oak Wood Village Subdivision, being 4.479 acres out of the B.B.B. & C.R.R. Survey, Abstract No. 173, an addition to the City of The Colony, Denton County, Texas, located on Memorial Drive, east of Top Golf, in Business Park (BP) zoning district. Chairman Hames read the Consent Agenda item into the record. Commissioner Hebb moved to approve Item 2.1, 2.2, 2.3, and 2.4, Commissioner Molina seconded the motion. Motion carried (7-0). City of The Colony October 27, 2015 Planning and Zoning Commission Meeting Minutes Page 2 of 5 3.0 PUBLIC HEARING ITEMS 3.1 PDA15-0003, Amendment to Planned Development District No. 25 Conduct a public hearing, discuss and consider making a recommendation to City Council on a request for an amendment to Planned Development 25 (Ordinance No 2011-1927), adding to Section XIV Miscellaneous - Subsection O - Live Outdoor Music. (Continued from September 22, 2015) Chairman Hames read the public hearing item 3.1 into record. Ms. Sen presented the staff report. Chairman Hames praised staff for doing a thorough research on this item. Commissioner Hebb asked whether Lava Cantina is the only site at this point where music will be performed. Ms. Sen answered affirmative. Commissioner Hebb also asked that by this amendment the City is allowing in future any music performance venue to locate anywhere within Lot 3, Block A, where they can locate on Destination Drive and be very close to the residential area. Ms. Sen explained through the decibel attenuation map that the 330 feet buffer is following the property boundary. So any point on the first buffer rind is 330 feet away from the lot boundary and the decibel level will be restricted to 95 dB per ordinance. As another 150 feet distance is added the decibel level goes down to 91 dB and so on. Chairman Hames opened the public hearing and with no one wishing to speak, Chairman Hames closed the public hearing at 6:41 p.m. Commissioner Hebb asked who will regulate this ordinance compliance. Ms. Sen answered that for any event they will have to come and apply for a permit for a special event permit or similar, the applicant will then be notified of the requirement. If they are in violation and the City receives a complaint then The Colony Police Department will regulate that. But the City expects the applicant to comply with the Ordinance. Commissioner Hebb asked if they do not comply what the fine is or is there a fine. Ms. Sen responded that for any Ordinance violation there are a $2000.00 fine and each occurrence constitutes a separate violation. Commissioner Molina also appreciated staff's work on the item stating they have covered all the items that were discussed as the last meeting. Commissioner Buffington moved to approve Item 3.1 Commissioner Pool seconded the motion. Motion carried (7-0). City of The Colony October 27, 2015 Planning and Zoning Commission Meeting Minutes Page 3 of 5 4.0 DISCUSSION ITEMS 4.1 SP15-0024 Lava Cantina Development Plan Discuss and consider making a recommendation to City Council on a request for Development Plan for Lava Cantina, a 21,723 sf restaurant and entertainment venue, located on Lot 3, Block D, Grandscape Addition Phase II, near the northwest corner of Grandsca e Boulevard and Destination Drive. Chairman Hames read the discussion item 4.1 into record. Ms. Sen presented the staff report. Commissioner Hebb asked how many people will be coming to this venue. Applicant and owner of Lava Cantina, Mr. Vaughn stated that the facility can seat upto 900 people and for special events which will be 20 - 25 times a year there will be 1800 tickets for sale. He also added that there will be a $600,000 - 700,000 entertainment system that will be responsible for the decibel levels. Lava Cantina will get into a management contract with a very reputable company called Eagle AVL who does major entertainment shows throughout the Country. These are professional people and will measure decibel levels from the sound board to the stage for legal compliance so that there is no Legal Class Action lawsuit for people getting - - hearing issues etc. Commissioner Hebb asked why there is only 12 ADA spaces where the events might hold 1800 people. Mr. Vaughn responded that those are very special events and will be scheduled post the time Nebraska Furniture Mart closes so there will be off-site parking and Lava Cantina will run shuttles from those areas. Ms. Sen also added that Broadwalk Parking project is planned to be done before Lava Cantina opens and there will be more ADA spaces around the venue and not just the 12 shown for this site. Commissioner Hebb asked if the stage and the patio are open to air. Mr. Vaughn responded that they are both open air but there will be a retractable roof above the entire outdoor seating. Commissioner DeBurr moved to approve Item 4.1 Commissioner Rockenbaugh seconded the motion. Motion carried (7-0). 4.2 SP15-0025 Advance Auto Parts Site Plan Discuss and consider making a recommendation to City Council on a request for Site Plan for Advance Auto Parts, an automobile parts and accessory sales shop, located at 4901 Main Street, in General Retail (GR) zoning district. Chairman Hames read the discussion item 4.2 into record. City of The Colony October 27, 2015 Planning and Zoning Commission Meeting Minutes Page 4 of 5 Ms. Sen presented the staff report. Commissioner Hebb mentioned that the access for this site is through Angelina's parking lot and it's taking 4 parking spaces out, so will the Angelina's parking requirements still be in compliance? Ms. Sen stated that Angelina's probably had more than required number of parking spaces so they will be okay. Mr. Scruggs added that the area is also under a mutual access easement. Applicant Anna Blackwell approached the Commission and agreed with the statement made by Mr. Scruggs that there is an access easement at the northeast corner of Angelina's that allows access to this property. Commissioner Rockenbaugh asked if the island shown on the Angelina's property is within the access easement. Ms. Blackwell stated it is not within the easement and there needs to be permission from Angelina's while construction will happen. Mr. Scruggs added that the north access is not shown on the drycleaners property. It was done a long time back and access easement was not required. But if the north property re -develops or does a replat then the cross access easement will be shown. Commissioner Molina asked about the 15' City of The Colony strip on the north side of this site. Mr. Scruggs responded that the strip has been there, the City doesn't need it. The City is going through the process of giving the property owners on both sides the strip in half and half. There is an electric utility going through the strip to the property behind the dry cleaners. The strip will remain as a utility easement. Mr. Larry Robinson approached the Commission, who owns the property behind the dry cleaner and wanted clarification if the strip will remain as a utility easement. Mr. Scruggs responded affirmative. Commissioner Hebb asked for clarification on the 14' wide strip of land south of the 15' wide City owned strip. Ms. Sen clarified that the 14' wide strip of land is within the Advance Auto Parts property and Ms. Blackwell added that Commissioner Rockenbaugh moved to approve Item 4.2 Commissioner Pool seconded the motion. Motion carried (7-0). There being no further business to come before the Commission, Chairman Hames adjourned the Regular Session of the Planning and Zoning Commission at 7: 12 p.m. City of The Colony October 27, 2015 Planning and Zoning Commission Meeting Minutes Page 5 of 5 2�J&� K /kms__ c7 n Hames, Chairman 5� , Surupa SeA, AICP, Senior Planner