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HomeMy WebLinkAbout07/12/2016 P&ZMINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION JULY 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, July 12, 2016 at 6:30 PM in the City Council Chambers located in City Ball, 6800 Main Street, The Colony, Texas, at which time the following items were addressed: Board Members Present: Karen Hames, Chairman (came in at 6:40 p.m.), Detrick DeBurr, Vice Chairman, Shannon Hebb, Brian Buffington, Shawn Rockenbaugh, and Janece Pool Board Members Absent: Cesar Molina Jr. City Council Liaison: David Terre, City Council Place 4 Staff Present: 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 CALL REGULAR SESSION TO ORDER Vice -Chairman DeBurr called the meeting to order at 6:31 p.m. 1.1 CITIZEN INPUT Mr. Joey Roach approached Commission and stated that a house was recently sold on Northpointe Drive and is being rented on internet where each bedroom is being rented separately. Ile would like to know if this is allowed or if anything can be done to stop it. Ms. Kristen Tague approached Commission and expressed similar concerns regarding the same house on Northpointe that is being rented to different individuals. CONSENT AGENDA Consider approval of the minutes of the June 28, 2016 Reizular Session. Vice -Chairman DeBurr read the Consent Agenda item into the record. Commissioner Rockenbaugh moved to approve Item 2.1 Commissioner Hebb seconded the motion. Motion carried (5-0). PUBLIC HEARING ITEMS 3.1 Z16-0001 Brentwood Court Townhomes Zoning Change from Shopping Center (SC) to Townhouse Dwelling (TH) Zoning District Conduct a public hearing, discuss and consider making a recommendation to City Council on a request for Zoning Change from Shopping Center (SC) to Townhouse Dwelling (TH) zoning district allowing town homes development at 5700 N Colony I BLVD described as Cornerstone African Methodist Episcopal Church Addition, Block I�_ _ A, Lot 1, The Colony, Denton County, Texas___ _ Vice -Chairman DeBurr read the public hearing item 3.1 into record. Ms. Sen presented the staff report. City of The Colony July 12, 2016 Planning and Zoning Commission Meeting Minutes Page 2 of 5 Commissioner Hebb asked where the residents would park in this townhouse development. Ms. Sen answered that each townhome will have 2 car attached garage and some units will have extended 18' driveway in front to allow additional guest parking. Commissioner Ilebb also asked the inner road having a cul-de-sac at one end but not the other, whether they should be required to install another cul-de-sac at the other end as well. Ms. Sen stated that the Fire Marshall have reviewed this layout and the end of the driveway is still within the minimum required distance to access with a hose or provide fire access, so one cul-de-sac was sufficient with this layout. Commissioner Rockenbaugh asked whether any of these townhouses will face N Colony BLVD. Ms. Sen stated that the rear elevation will be facing N Colony and the applicant has treated the rear elevation almost as a front elevation with extended masonry percentages so that they provide a comparable view from N Colony Blvd. Chairman, Hames came to the meeting. Vice -Chairman DeBurr opened public hearing at 6:45 p.m. Ms. Kristen Tague approached Commission and stated that she has few questions and concern regarding this project. The child care center's playground is right next to this development. So it would be prudent to have a fence tall enough where the kids are not visible from the townhomes. Ms. Tague also added that the intersection with a three way stop is a busy intersection already and police have to park at the church property to keep an eye on drivers so they don't speed through. Adding one more development with this being the only access/exit point a traffic light may be needed. She also stated that people walk or jog in this stretch of N Colony so better sidewalks should be installed with this project to help pedestrians and joggers. She is against this zoning change. She would prefer to see some fitness center, kid's dance studio or something similar to go in this location. Ms. Alice Friend approached Commission and stated that even though she received notification for this zoning change, her neighbors across the street did not receive any notification. Her main concern is traffic already cutting through her neighborhood to avoid the three way stop at Morning Star. If this new project is added then more traffic will cut through the alley in front of her house and the problem will escalate tremendously. Mr. Joey Roach spoke during the public hearing. He wanted to know what kind of fence will be built between this neighborhood and the day care. Also what type of screening will be on N Colony? Adding atleast 48 cars due to this development, will a traffic study be done to address if there is a need for traffic light. Money generated from this development, will that be enough to pay for extending/widening Memorial Drive from Morning Star to the Legends subdivision. Ile also added that this project being surrounded by single family neighborhoods does not seem to be a good fit. Ile also wanted to know what the plans are for the vacant lot next to this neighborhood. Will there be more townhomes or is that lot owned by the Church. Dave Hicinbothem approached the Commission regarding the project. Ile is concerned with the density and the height of the project. The recently approved townhouse project on :Memorial Drive is much less dense and the single family homes are mostly one story high whereas these City of The Colony July 12, 2016 Planning and Zoning Commission Meeting Minutes Page 3 of 5 townhomes will be two stories high. Also there is no guarantee that these developers will be _ developing this project with those price points or elevations. It might be sold to another developer who might not bring a quality project. Vice -Chairman DeBurr closed the public hearing at 7:00 p.m. Staff was asked to address the questions/concerns raised during public hearing. Ms. Sen stated that a screening wall will be installed surrounding the project, but what height or type has not been provided. The applicant is present here to address the screening wall question and what their plans are. A traffic study will be required during site plan approval process and if a signal is warranted then it would be installed on Morning Star. Morning Star widening is in future plans for The City and the developer will be required to install a dedicated left turn lane to access this project. City is required by state law to send notices to property owners within 200 feet of the subject property. It may happen that the properties right across the street are not within 200 feet and do not receive notification. Regarding the property being sold to someone else and the development quality not being maintained, the ordinance approving the zoning change will include the zoning exhibit and can also add the elevations or other requirements so they are enforceable even if the property is sold to some other developer. Mr. Scruggs clarified that this project have already done a traffic study and a signal was not warranted. Moring Star widening is on City's capital projects list and as soon as the money is earmarked, the project will be scheduled. Applicant's Engineer :Mori Akhavan approached the Commission and stated that a masonry _ fence 8 feet tall will be installed on N Colony side of the property as well as the side where the day acre property is adjacent. Towards the back of this property an 8 feet tall wood fence will be installed. Commissioner Buffington asked what the distance is between the day care and this property. Ms. Sen stated that the day care property is right adjacent to this property. The fence is on the property line. Commissioner Buffington asked if the applicant has approached the day care or have any discussion with them regarding this project. The applicant answered negative. Chairman Hames stated that the play area of the day care is on the other side, there is no play area between the townhomes and the day care. Commissioner Buffington moved to deny Item 3.1 with Commissioner Rockenbaugh seconding the motion. Commissioner Hebb requested to move to Executive Session to seek legal advice. Commission moved Executive Session at 7:06 p.m. Commission came out of Executing Session at 7:11 p.m. Commissioner Buffington moved to deny Item 3.1 based on density and compatibility issue Commissioner Rockenbaugh seconded the motion. Motion carried (5-1) with Chairman Hames voting against the motion. City of The Colony July 12, 2016 Planning and Zoning Commission Meeting Minutes Page 4 of 5 4.0 DISCUSSION ITEMS 4.1 SP16-0009, Tribute K-8 Prestwick Stem Academy Site Plan Amendment Discuss and consider making a recommendation to the City Council on a request for Site Plan Amendment to add two temporary buildings at the Tribute K-8 Prestwick Stem Academy located at 3101 Stonefield to accommodate additional classrooms. , Vice -Chairman DeBurr read the discussion item 4.1 into record. Ms. Sen presented the staff report. Commissioner Pool excused herself from the consideration of this discussion item. Commissioner Buffington asked if the school will be changing these to permanent structures in future. Ms. Sen stated that the school does have plans for permanent building in future. This is for the immediate need and the school does not have funding for the permanent expansion right now. So they are working on these temporary buildings. Once funding is available they will move towards permanent structures. Commissioner Hebb asked this being a brand new school where are all these kids coming from? Ms. Sen stated that there are new apartment buildings being built in this area and the population is expanding rapidly. Commissioner Hebb asked what type of security plan they have as these buildings can be accessed by anyone. Also there are loading zones very close by and will have trucks coming in and out. Ms. Sen responded that the School District have not provided any security detail or any perimeter fence around these buildings. usually when classes are held in these types of structures a teacher will accompany the kids to these class rooms. Commissioner Buffington added that this being an ISD property, it will be their responsibility to provide security. Commissioner Hebb asked why the school did not anticipate this and planned accordingly. As no one representing the school district was present, this could not be answered. Commissioner Rockenbaugh asked if the motion should include three year time period for these buildings. Ms. Sen asked for legal advice as to whether such a stipulation can be made. City Attorney, Mr. Voss stated that there really isn't a way to add a time limit to this approval. Commissioner Rockenbaugh moved to approve Item 4.1, Commissioner Buffington seconded the motion. Motion carried (5-0) with Commissioner Pool abstaining. City of The Colony July 12, 2016 Planning and Zoning Commission Meeting Minutes Page 5 of 5 There being no further business to come before the Commission, Vice -Chairman DeBurr adjourned the Regular Session of the Planning and Zoning Commission at 7: 22 p.m. �U Q Surupa S , AICP, Senior Planner