HomeMy WebLinkAbout07/26/2016 P&Z MINUTES
CITY OF THE COLONY
PLANNING AND ZONING COMMISSION
JULY 26,2016
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 26, 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, 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.F. Director of Engineering and Development Services, Surupa
Sen, AICP, Senior Planner, and Ed Voss, City Attorney.
1.0 1 CALL REGULAR SESSION TO ORDER
Chairman Ilames called the meeting to order at 6:31 p.m.
1.1 T CITIZEN INPUT
No citizen came forward for input.
r2.0 CONSENT AGENDA
2.1 Consider approval of the minutes of the July 12, 2016 Regular Session. _
Chairman Hames read the Consent Agenda item into the record.
Commissioner Pool stated that her name has been misspelled with the minutes.
Commissioner Hebb moved to approve Item 2.1 with correction Commissioner Pool
seconded the motion. Motion carried (6-0).
3.0 PUBLIC HEARING ITEMS
3.1 RP15-0007, Replat for Lots 13R, 14R, Block 8, Garza Little Elm Lake Estates
Conduct a public hearing, discuss and consider approval of a replat for Lots 13R, 14R
Block 8, Garza Little Elm Lake Estates, being a replat of Lots R13, Block 8, Cabinet V,
Page 409, being a 0.287 -acres of land out of the George Emberlin Survey, Abstract No.
394, an addition to the City of The Colony, Denton County, Texas located at 4526 S
'
horseshoe Trail within the Planned Development 2 (PD 2) zoning district.
Chairman Hames read the public hearing item 3.1 into record.
Ms. Sen presented the staff report.
Commissioner Rockenbaugh asked that all the neighboring lots are 50' wide lots. Did this lot
used to be two lots and were combined as one?
Ms. Sen answered that the lots were combined at one point in time and now they are being split
into two lots again.
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City of The Colony
July 26, 2016
Planning and Zoning Commission Meeting Minutes
Page 2 of 4
Commissioner I Iebb asked what the building is currently used for as there are lots of cars on the
lot.
Ms. Sen stated that there is an old asphalt driveway and the structure is being used as a residence.
Commissioner Hebb asked which portion of the building will be moved.
Ms. Sen answered that 1 shaped structure looks like two houses joined together. The applicant
will move one portion of the house. So there will be two dwelling units on two lots.
Commissioner Rockenbaugh whether there will be side yard setbacks and the two buildings will
be separated by the setback.
Ms. Sen answered affirmative that there is 4' side yard setback requirement.
Chairman Hames opened and closed the public hearing at 6:35 p.m. with no one wishing to
speak on the item.
Commissioner Rockenbaugh moved to approve Item 3.1 Commissioner DeBurr seconded
the motion. Motion carried (6-0).
4.0 DISCUSSION ITEMS
4.1 SP16-0011,Nate's Icehouse Exterior Color–Site Plan Amendment
Discuss and consider making a recommendation to City Council on a request for Site
Plan amendment allowing alternate exterior color than what is required by The Colony —
Zoning Ordinance, Section 10A Gateway Overlay District for Nate's Icehouse at 4900
Main Street.
Chairman Ilames read the discussion item 4.1 into record.
Ms. Sen presented the staff report.
Mr. Scruggs mentioned that staff supports Nate's Icehouse, it is a great restaurant. The reason
staff brought this forward to the Commission is only because the color requested does not meet
the Gateway Overlay District ordinance.
Chairman Hames mentioned that there is a letter of support of this item presented to the
Commissioners for review.
Commissioner Rockenbaugh asked if the letter was submitted by Colony residents.
Chairman Hames confirmed that Mr. and Mrs. Leary are Colony residents.
Commissioner Hebb asked if the existing color of the building complies with Gateway Overlay
District ordinance color scheme with the blue neon.
Ms. Sen stated that accent colors are allowed if the applicant wants to use a different color as
accent.
Commissioner Hebb asked if the sign is painted pink or overlaid.
Ms. Sen stated that when Nate's Icehouse occupied the building they had asked staff about
paining the building pink. Staff had stated that pink is not an approved color. That's when the
applicant requested if the sign background can be pink and staff had approved that request.
City of The Colony
July 26, 2016
Planning and Zoning Commission Meeting Minutes
Page 3 of 4
Commissioner Hebb asked if the applicant is trying to match the Addison Nate's Seafood color
which is pink, because the color that's shown on the presentation for the Colony building does
not look pink.
Applicant Nathan Peck approached Commission and stated that they are looking for a muted hue
as shown on the presentation, a color very similar to the one on approved Rock and Brews
restaurant.
Commissioner Buffington added that this being an ISD property, it will be their responsibility to
Applicant's son Johnathan Peck also approached the Commission and reiterated that they are
requested a darker shade of pink, more like Santa Fe Rose on the this building.
Commissioner Rockenbaugh asked how the picture was created.
Mr. Peck stated that the picture was photo shopped to show the proposed color.
Commissioner Rockenbaugh stated that he would rather like to see an actual paint sample rather
than an edited photo to really see what the building color will be.
Chairman Hames agreed and said that even on the two projector screens one appears to be lighter
shade and the other darker, even though they are projecting the same image. So she agrees with
Commissioner Rockenbaugh that a paint sample would be more appropriate.
Chairman Hames said that there is speaker request received from Mr. Alan Hams and invited
Mr. Harris to approach the Commission.
Mr. Harris introduced himself to the Commission. lie serves on the Community Development
Corporation for The Colony and represents the City on Denton County Transportation Board.
Mr. Barris stated that he was one of the authors of Gateway Overlay district ordinance during his
10 year tenure as a Council member. There was a reason for this ordinance being adopted.
Residents used to complain that we need higher standards on Main Street the main gateway to
the City. So the ordinance was adopted to implement higher quality standards along Main Street
and SH 121. He also went to ICSC representing The Colony multiple times. There were many
businesses who would ask can we take a look at the standards for buildings in your town. Not
because they wanted to go around it, rather when they build a quality project they know that in
future they will not end up with a hideous yellow building next to them. He like Nate's Seafood
and would go their because of good food and good service, not because the building is pink.
Changing the color would not help the business rather it will lower the standards on Main Street.
He would like to request the Commission to deny this application.
Commissioner Hebb asked Mr. Scruggs when the Main Street construction will finish.
Mr. Scruggs responded that by the latest estimate sometime between September and October of
next year. 2017.
Commissioner Hebb stated that the roadway still being under construction for more than a year
would hurt Nate's Icehouse more than the color.
Mr. Peck stated that since the roadway has been partially opened over the past 4 months traffic
has increased on Main Street.
Chairman Hames stated that she agrees with Commissioner Rockenbaugh that a paint sample
would solve this problem. She also asked Mr. Harris is he would be interested to see a pain
sample and find out if that matches the Gateway Overlay requirements.
City of The Colony
July 26, 2016
Planning and Zoning Commission Meeting Minutes
Page 4 of 4
Mr. Harris stated that even if they are allowed to change the color and if that does not improve
their business. They will close within 90 days anyway and the City will be stuck with a vacant
pink building on Main Street. He suggested that at least some contractual agreement be done
with the applicant that if they close they will paint the building back to some neutral color.
Applicant Mr. Peck requested to retrieve from his car a painted board that would show the color.
Chairman Hames allowed Mr. Peck to bring the color sample.
What Mr. Peck brought back from his car was a painted board that per Chairman Hames was
closer to the hot pick shade than the presentation pictures.
Commissioner Pool suggested Mr. Peck to bring more than one color sample that might work so
that the Commission can take a look at all the options.
Commissioner DeBurr stated that he would like to help any business and not hurt a business just
because of a color.
Commissioner Rockenbaugh moved to postpone Item 4.1 till August 9, 2016 Planning and
Zoning Commission meeting pending the applicant providing color samples, Commissioner
DeBurr seconded the motion. Motion carried (6-0).
There being no further business to come before the Commission, Chairman Hames adjourned the
Regular Session of the Planning and Zoning Commission at 7: 00 p.m. _
Kar ames, Chairman
lit r^ ire„,
Surupa Sen, AICP, Senior Planner