Loading...
HomeMy WebLinkAbout09/13/2016 P&ZMINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION SEPTEMBER 13, 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, September 13, 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, Cesar Molina Jr., Shannon Iiebb, Brian Buffington, Janece Pool and Shawn Rockenbaugh. Board Members Absent: None 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 1 CALL REGULAR SESSION TO ORDER Chairman Hames called the meeting to order at 6:30 p.m. 1.1 CITIZEN INPUT No citizen came forward for input. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the August 23, 2016 Regular Session. 2.2 FP16-0006, Final Plat for Village At The Pointe Consider approval of a final plat for Lots 1-63, 64X, Block A, Lots 1-14, 15X, Block B, Village At The Pointe, being 12.50 -acres of land out of the B.B.B. and C.R.R. Survey, Abstract No. 173, 174, an addition to the City of The Colony, Denton County, Texas located near the southwest corner of Memorial Drive and S Colony BLVD. approximately 300 feet west of the intersection, within the Planned Development 16 (PD 16) aka the Cascades Planned Development zoning district. 2.3 RP16-0007, Colony Corners Addition Replat Consider approval of a Replat for Lot 2R, Block A, Colony Corners Addition, being 1.055 -acres of land out of the B.B.B. and C.R.R. Survey, Abstract No. 173, an addition to the City of The Colony, Denton County, Texas located at 4750 S Colony Blvd at the southeast corner of Main Street and S Colony Blvd., within General Retail (GR) zoning district. Chairman Hames read the Consent Agenda items into the record. Commissioner DeBurr moved to approve Item 2.1, 2.2, and 2.3 Commissioner Hebb seconded the motion. Motion carried (7-0). City of The Colony September 13, 2016 Planning and Zoning Commission Meeting Minutes Page 2 of 6 3.0 WORKSHOP 3.1 SI14-0018 Automobile Rental land use Discuss and consider amendments to Appendix A the Zoning Ordinance, Section 10- 100, Schedule of Uses by District, and Section 10-300, Definitions and Explanations Applicable to the Use Schedule, and by adding a new land use, titled "Automobile Rentals" and definitions related to this land use. Chairman Hames read the workshop item 3.1 into record. Ms. Sen presented the staff report. Commissioner DeBurr asked why the "Automobile Rental" use is not going to be allowed under General Retail (GR) or Business Park (BP) zoning districts with a SUP. Ms. Sen answered that originally staff had suggested including this land use with a SUP in GR and BP districts, but ORC as a group decided they do not want this land use on Main Street or SH 121. Also these users do not generate City sales tax, so that contributed to this suggestion as well. Commissioner Hebb asked why electric cars haven't been included in the definition. Ms. Sen answered that most of these zoning ordinances include standard definitions for automobiles. Electric vehicles being a new concept have not been added to zoning ordinances yet. However Ms. Sen agreed that electric vehicles should be included in the definition and when staff brings back the ordinance amendment the definition will include electric vehicles. Chairman Hames stated that she found the Frisco zoning ordinance being more restrictive allowing only in Industrial zoning and requiring SUP for other commercial areas. She thought that was similar to what other car related land uses in the Colony have been restricted with. Commissioner Molina added that allowing this land use in LC, HC, and I zoning districts is already pretty restrictive as there are very limited areas zoned under these districts so he was okay with allowing them by -right versus the SUP. He also asked how much Industrial zoned land the city has. Ms. Sen pointed to the zoning map that shows a small area in purple on Overlake Drive to be zoned Industrial. Chairman Hames agreed that looking at the map makes it clear that very limited area is being allowed for this land use. Commissioner DeBurr asked if the City has actually received a request for this particular land use. Ms. Sen answered affirmative; staff has received a formal request to review this land use for inclusion. Also she added that after ORC had vetted this request staff has received another interest for this land use in Grandscape. Staff hasn't discussed that option yet and if staff decides to present that area for this land use, it will be brought to the Commission as a separate ordinance amendment, PD 25 being an ordinance on its own. City of The Colony September 13, 2016 Planning and Zoning Commission Meeting Minutes Page 3 of 6 1 4.0 4.1 PUBLIC HEARIIVG ITEMS 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 (TI I) zoning district allowing town homes development at 5700 N Colony BLVD described as Cornerstone African Methodist Episcopal Church Addition, Block A, Lot 1, The Colony, Denton County, Texas. Chairman Hames read the Public Hearing item 4.1 into record. Ms. Sen presented the staff report and at the conclusion stated that the applicant also has a presentation for the Commission. Chairman flames invited the applicant to present their project. Mr. Fernando Quintana representing the applicant Hector Morales of Lagha Group approached the Commission and presented details regarding the application. Chairman Hames appreciated the thoroughness of the applicant is addressing most of the concerns brought up during the last public hearing. Commissioner Molina asked in spite of this being a zoning change application the site plan presented (even though it may change) shows a dead end street towards the east side of the property. How a dump truck will access those houses and then back out. Mr. Quintana stated that the applicant hadn't thought about this issue and it hasn't been brought up by the DRC when they reviewed the application. These issues will be addressed during site plan review and any concern that staff or the Commission has will be addressed. Commissioner Buffington asked what the density for this project was when it was first presented to the Commission. Mr. Quintana stated that the density is same 10.2 net densities per acre. Ile mentioned during the last hearing a citizen stated the townhome project on Memorial that was approved by the City recently has a density of 6 townhomes per acre, whereas this project has 10 townhomes per acre. Mr. Quintana clarified that net density (once the drainage channel acreage/unbuildable acreage are removed) for the Memorial Drive townhome project is 10.7 townhomes per acre and this current Brentwood Court townhomes is 10.2 townhomes per acre. Commissioner Buffington also asked if the applicant has reviewed the prices/square foot for the residences around this property and if the prices correlate to the asking price for these townhomes. Mr. Quintana stated that if an appraisal is appraising these townhome he will have to compare with similar townhome projects only. He cannot compare townhomes with detached single family home prices in the vicinity. Ile added that the houses behind this project on the alley are priced around $250 - $280K and the houses across N Colony are priced around $150 - $200K. Commissioner Buffington asked why three different fence types are being proposed instead of --. - one or even two types. Also who will be responsible for maintenance for the wood fence, is the developer going to be responsible or the home owners. City of The Colony September 13, 2016 Planning and Zoning Commission Meeting :Minutes Page 4 of 6 Mr. Quintana stated that the project will have a home owners association to take care of common areas and fences. Depending on similar projects in Plano, Frisco, Carrollton usually the beautiful brick wall is always on the front side of the property and rest wood fence. Chairman Hames opened the public hearing at 7:33 p.m. Alice Friend addressed the Commission and talked about traffic issues on Morning Star and N Colony, the three way stop where drivers are using the alley at the back of this development to avoid the intersection. This project will make that situation worse. Also fire truck and dump trucks will have difficulty accessing this project. Ms. Sen stated that the Fire Marshall has reviewed this layout and he has approved this layout for the development. Fire trucks will not have any issue serving this project. The townhomes or 48 homes being added to this area should not add any more traffic to the alley as people from this development will not drive through the alley. They will have Morning Star or N Colony directly. The developer also did a traffic study before they submitted for the zoning change as they wanted to know if a traffic signal will be warranted and it was not. Mr. Quintana added that once the construction on F.M. 423 is complete the traffic situation at Morning Star and N Colony will alleviate a lot. Chairman Hames clarified for Ms. Friends that she is not suggesting that people living in these townhouses will drive on the alley rather there cumulative addition to the existing interchange will force more cars to avoid the 3 way stop and end up in the alley. Ms. Friends agreed to the clarification. Mr. Scruggs stated that the City's Thoroughfare Plan shows Morning Star to be widened to a four lane road and also adding a traffic light at the intersection. On the five year Capital Improvement Plan (CIP) the project is scheduled for 2020 but with increasing traffic the project might be considered sooner if Council approves. John Muzyka, the real estate broker for the property owners approached the Commission. Mr. Muzyka stated that he has been working with the applicant for past 12 months. He has the property listed for past 3 years and no day care, shopping center or commercial user have shown interest in this property. He had suggested the owners last year that they probably have to rezone the property to have some prospect. I ie wanted to express support for this zoning change on behalf on the owners. Chairman Hames closed public hearing at 7:45 p.m. Commissioner DeBurr stated that he realizes this is a zoning change request and the current zoning of Shopping Center (SC) with this property being listed for 3 years with no interest clearly does not work. There are several other issues that has to be addressed but tonight the Commission is only looking at a zoning change request and whether the Townhouse Dwelling (TH) makes more sense for this property. Commissioner Molina moved to approve Item 4.1 Commissioner Rockenbaugh seconded _ the motion. Motion carried (7-0). City of The Colony September 13, 2016 Planning and Zoning Commission Meeting Minutes Page 5 of 6 4.2 SUP16-0005 — MJ Convenience Store SUP Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding a Specific Use Permit request for MJ Convenience Store at 4181 Main Street, Suite 500, for sale of alcoholic beverages and beer and wine for off - premise consumption within Planned Development 14 (PD 14) zoning district. Chairman I lames read the Public Hearing item 4.2 into record. Ms. Sen presented the staff report. Commissioner Hebb asked why Palio's restaurant does not serve alcohol. Ms. Sen answered that she will have to check with the City Secretary's office as the TABC licensing is processed through her office. Whether Palio's was approved for a SUP, Ms. Sen stated that restaurants are not required to apply for a SUP. The Colony Zoning Ordinance defines establishments that generate more than 75% of their gross sales from sale of alcohol to require a SUP. Any existing restaurants that serve beer and wine are not required to apply for a SUP as their primary item for sale is food. It might be a business decision for Palio's that they do not serve alcohol. Mr. Scruggs stated that the TABC license might be expensive and they probably did not want to go through that process. Chairman flames added that none of the Palios' Pizza Cafes that she has been to serves beer or wine. Commissioner DeBurr asked as this SUP application is triggered by sale of alcohol does that require any additional review from Police or Fire. Ms. Sen stated that any application submitted to the City goes through DRC review which includes Police Chief, Fire Marshall, staff from Engineering, Planning, Economic Development and Building Official. No additional review is required for this SUP. Commissioner Hebb asked as this lease space is pretty small are they going to have specialty beer and wine or just regular beer and wine. Ms. Sen stated that the applicant is presenting this as a convenience store with regular beer and wine and other staple items. Usually convenience stores do not require SUP as they do not generate more than 75% of sales through alcohol. But staff has communicated with the applicant on more than one occasion or verify that they will generate more than 75% of their sales through alcohol and they have confirmed that will be the case. Chairman Hames opened the public hearing at 7:55 p.m. Alex Beshirs approached the Commission and wanted to know if this is going to be a liquor store that closes at 9:00 p.m. or like a convenience store that's open till midnight or 24 hours. flow much noise this is going to generate and how much trash will be thrown across the wall on his backyard. Warren Cohen representing the applicant approached the Commission and stated that the hours of operation have not been finalized but most likely will be before midnight. He also feels that - the store will not sell more than 75% beer and wine. Chairman Ilames closed the public hearing at 7:56 p.m. City of The Colony September 13, 2016 Planning and Zoning Commission Meeting Minutes Page 6 of 6 Commissioner Rockenbaugh moved to approve Item 4.2 Commissioner Pool seconded the motion. Motion carried (6-1) with Commissioner Hebb 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 7: 57 p.m. AA Karen Hames, Chairman gt""0' Surupa Sed, AICP, Senior Planner