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HomeMy WebLinkAbout01/12/2016 P&ZMINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION JANUARY 12, 2016 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, January 12, 2016 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, Janece Pool, and Shannon Hebb. Board Members Absent: Cesar Molina Jr. and Brian Buffington Staff Present: Mike Joyce, AICP, Planning Director, Gordon Scruggs, P.E., Director of Engineering and Development Services, Surupa Sen, AICP, Senior Planner, Brian McNuelty, Engineering Technician, and Ed Voss, City Attorney. 1.0 1 CALL REGULAR SESSION TO ORDER Chairman Hames called the meeting to order at 6:30 p.m. 1.1 I CITIZEN INPUT No citizens came forward during Citizen Input. 2.0 CONSENT AGENDA 2.1 1 Consider approval of the minutes of the December 8, 2015 Regular Session. Chairman Hames read the Consent Agenda item into the record. Commissioner Hebb moved to approve Item 2.1, Commissioner Pool seconded the motion. Motion carried (5-0). 3.0 PUBLIC HEARING ITEMS 3.1 PDAIS-0005 PD -22, Austin Ranch Planned Development Design Standards Text Amendment Conduct a public hearing, discuss and consider making a recommendation to City Council regarding text amendments to "Exhibit "B," Permitted Land Uses by Category, to add certain land uses to the Austin Ranch Planned Development (PD 22) Design Standards. Chairman Hames read the public hearing item 3.1 into record. Ms. Sen presented the staff report. Chairman Hames opened and closed the public hearing at 6:32 p.m. with no one wishing to speak on the item. Commissioner Pool moved to approve Item 3.1 Commissioner Hebb seconded the motion. Motion carried (5-0). City of The Colony January 12, 2016 Planning and Zoning Commission Meeting Minutes Page 2 of 5 3.2 SII 5-0016 Revisions to the Gateway Overlay District Ordinance Conduct a public hearing, discuss and consider making a recommendation to City Council on proposed revisions to Section 10A, "Gateway Overlay District Regulations," of Appendix A, "Zoning" of the Code of Ordinances in order to add retail/commercial/office areas at South Colony Boulevard and Paige Boulevard and the southwest corner of Kisor Drive and Paige Boulevard into the Gateway Overlay District. Chairman Hames read the public hearing item 3.2 into record. Ms. Sen presented the staff report. Chairman Hames opened and closed the public hearing at 6:35 p.m. with no one wishing to speak on the item. Commissioner DeBurr moved to approve Item 3.2 Commissioner Hebb seconded the motion. Motion carried (5-0). 33 SI15-0017 Revisions To Section 17, Site Plan Approvals and Special Development Standards of Appendix A, "Zoning" of the Code of Ordinances Conduct a public hearing, discuss and make a recommendation to City Council regarding proposed revisions to Section 17, Site Plan Approvals and Special Development Standards of Appendix A, "Zoning" of the Code of Ordinances regarding Exterior Building Materials allowed in the Single Family (Section 17-106), Multiple Family and Non -Residential Zoning Districts (Section 17-106.1). Chairman Hames read the public hearing item 3.3 into record. Ms. Sen presented the staff report. Chairman Hames asked if there is a definition for manufactured stone or is it same as cultured stone. Ms. Sen stated that they are both same. Chairman Hames asked if cultured stone should be allowed and if they are of equal strength and quality as natural stone. Mr. Joyce responded that manufactured stone is a high quality material and one can barely tell apart a manufactured stone from natural stone, the product has been enhanced so much over the period of time. It is a veneer and is easier to install versus thicker natural stones. It can be used on tilt up concrete. Staff has researched cities of Lewisville, Allen, Frisco, Carrollton and all the cities allow manufactured stone. Commissioner Pool asked if there has been lot of requests from applicants regarding this and if that is the reason we are looking into this. City of The Colony January 12, 2016 Planning and Zoning Commission Meeting Minutes Page 3 of 5 Mr. Joyce answered affirmative and also stated that the Zoning Ordinance was adopted in 1983 and the list of materials hasn't been looked at since. Chairman Hames opened and closed the public hearing at 6:45 p.m. with no one wishing to speak on the item. Commissioner Hebb moved to approve Item 3.3 Commissioner Pool seconded the motion. Motion carried (5-0). 3.4 SIIS-0019 Revisions to Zoning Ordinance Regarding Bar, Lounge, Tavern or Beverage Store Distance Requirements Conduct a public hearing, discuss and make a recommendation to City Council regarding proposed revisions to Section 10-2007, Appendix A, "Zoning" of the Code of Ordinances in order to revise the distance requirements between a beverage store, bar, lounge, or tavern, or private club with a another bar, lounge or tavern or beverage stores. Chairman Hames read the public hearing item 3.4 into record. Ms. Sen presented the staff report. Chairman Hames asked if staff could estimate how many of the current businesses within the City qualify as beverage store, bar or lounge where more than 75% of the sales are generated by alcohol sales. Mr. Joyce answered that staff could not answer that without doing some research. But estimated there are not that many within the City. Commissioner Pool enquired if this reduced distance is approved what would happen to a store that might be closer than 300 feet. Ms. Sen clarified that currently the Ordinance requires these stores to be 1000 feet apart. So ideally there should not be a store within 300 feet of another as they have to be minimum 1000 feet apart. Chairman Hames opened and closed the public hearing at 6:55 p.m. with no one wishing to speak on the item. Commissioner Rockenbaugh moved to approve Item 3.4 Commissioner Hebb seconded the motion. Motion carried (5-0). 3.5 SUP15-0011 The Thirsty Growler Specifrc 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 The Thirsty Growler, a brew pub, for on and off-site consumption of alcoholic beverages located at 5733 SH 121, Suite 230, in Planned Development 16 (PD -16) zoning district and revoking the SUP Ordinance No. 99-1135 for Star Liquor located at 5749 SH 121. City of The Colony January 12, 2016 Planning and Zoning Commission Meeting Minutes Page 4 of 5 Chairman Hames read the public hearing item 3.5 into record. Ms. Sen presented the staff report. Commissioner Hebb asked can the City any time chose to revoke a SUP on a property Ms. Sen replied that staff has discussed this with the City Attorney, Jeff Moore and the main reason behind suggesting to revoke the Star Liquor SUP is because the store has been closed since 2012. It is unlikely that the City will revoke a SUP for a store that is currently in business. Commissioner Hebb asked about the growlers that will be sold at this new place as those are screw tops that can be easily taken off, what would prevent someone from buying one and taking the lid off and drinking while driving home. Mr. Voss stated that the law is same in this case just like when someone buys a six pack beer. If they take the lid off and start drinking they are violating the law and the Police Officers should be able to address that. Mike Gillum, applicant addressed the Commission and stated that there will be an additional heat sealed cap on the growlers. Commissioner Hebb asked if there will be food served at this location. Mr. Gillum said it is "bring your own food" type store, so no food will be served at the store. Chairman Hames opened and closed the public hearing at 7:05 p.m. with no one wishing to speak on the item. Commissioner Hebb moved to approve Item 3.5 Commissioner Pool seconded the motion. Motion carried (5-0). 3.6 SUP -15-0012 Quality Car Care Specific Use Permit Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) application for Auto Repair Garage (inside) use, Quality Car Care located at 5204 South Colony Boulevard within Shopping Center (SC) zoning district. Chairman Hames read the public hearing item 3.6 into record. Ms. Sen presented the staff report. Commissioner Rockenbaugh asked if the auto care company was leasing the space and do not own that portion of the strip center. Ms. Sen answered affirmative. Commissioner DeBurr asked if the store was operating with a SUP before the fire occurred in February. City of The Colony January 12, 2016 Planning and Zoning Commission Meeting Minutes Page 5 of 5 Ms. Sen answered they did not have an SUP as this center was built before the Zoning Ordinance was adopted and did not require as SUP as a result. Commissioner Hebb asked if this SUP is denied what the owners plan to do with this portion of their strip center. Ms. Sen responded that currently the owners are attempting to bring back the auto repair, garage use. If this SUP is not approved, they haven't provided any indication to staff on what else might be locating in that space or if there are other prospects. Commissioner Hebb asked to bring back this use the applicant will have to build it to current code which is pretty significant, for example fire sprinkler system, fire rated wall etc. Ms. Sen added that they have no storage space for vehicles as well and they will not be able to store outside on the parking lot as that is not allowed under Shopping Center (SC) zoning. Commissioner DeBurr mentioned that this business has been in operation as a legally non- conforming business. Were they informed when the rules were changed? Mr. Voss responded that during the public notification process of the Ordinance adoption they should have been notified. Chairman Hames opened and closed the public hearing at 7:15 p.m. with no one wishing to speak on the item. Commissioner Hebb moved to deny Item 3.6 Commissioner DeBurr seconded the motion. Motion carried (5-0). 4.0 DISCUSSION ITEMS 4.1 November and December 2015 Director's Report Chairman Hames read the discussion item 4.1 into record. Ms. Joyce presented the Director's Report. There being no further business to come before the Commission, Chairman Hames adjourned the Regular Session of the Planning and Zoning Commission at 7: 21 p.m. Kare41 Hames, Chairman Surupa S n, AICP, Senior Planner