The URL can be used to link to this page

Home My WebLink About12/13/2016 P&ZMINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION DECEMBER 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, December 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, Shannon Hebb, Brian Buffington, Janece Pool and Cesar Molina Jr. Board Members Absent: Shawn Rockenbaugh City Council Liaison: David Terre, City Council Place 4 Staff Present: Gordon Scruggs, P.E.. Director of Engineering and Development Services, Brian McNuelty, Engineering Technician, and David Ritter, City Attorney i 1.0 _ , 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 ap roval of the minutes of the November 22, 2016 Regular Session. 2.2 RP15-0012, Lot IR, Block 7, Garza Little Elm Lake Estates Replat Consider denial of a replat for Lot 1 R, Block 7, Garza Little Elm Lake Estates, being a replat of Lots 1-7, Block 7, Garza Little Elm Lake Estates, recorded in Volume 2, Page 80, Plat Records, Denton County, Texas, 0.438 acres out of the George Emberlin Survey, Abstract no. 394, an addition of the City of The Colony, Denton County, Texas located at southeast corner of W Lake Highlands Drive and Main Street, within General Retail (GR) zoning district. 2.3 RP16-0003, Lots 2R1, 2R2, 2R3, Block 12, Garza Little Elm Lake Estates Replat Consider denial of a replat for Lots 2R1, 2R2, 2R3, Block 12, Garza Little Elm Lake Estates, being a replat of Lot 2, Block 12, Garza Little Elm Lake Estates, recorded in Volume 2, Page 80, Plat Records, Denton County, Texas, 0.897 acres out of the George Emberlin Survey, Abstract no. 394, an addition to the City of The Colony, Denton County, Texas located at northeast corner of N Shore Drive and Willow Court, within Planned Development 1 (PD 1) zoning district. 2.4 RP16-0004, Lot IIR, Block 1, Garza Little Elm Lake Estates Replat Consider denial of a replat for Lot 11 R, Block 1, Garza Little Elm Lake Estates, being a replat of Lots 11 and 12, Block 1, Garza Little Elm bake Estates, recorded in Volume 2, Page 80, Plat Records, Denton County, Texas, 0.138 acres, an addition of the City of The Colony, Denton County, Texas located near the northwest corner of Witt Drive and Main Street, within General Retail (GR) zoning district. 2.5 RP16-0008, Lot 41R, Block 1, Garza Little Elm Lake Estates Replat 1 Consider denial of a replat for Lot 41 R, Block 1, Garza Little Elm Lake Estates, being a replat of Lots 41 - 46, Block 1, Garza Little Elm Lake Estates, recorded in Volume 2, City of The Colony December 13, 2016 Planning and "boning Commission Meeting Minutes Page 2 of 5 Page 80, Plat Records, Denton County, Texas, 0.414 acres, out of George Fmberlin Survey, Abstract No. 394, an addition to the City of The Colony, Denton County, Texas located west of Elm Street and south of East Lake Highlands Drive, within General Retail (GR) and High Commercial (I1C) zoning districts. 2.6 SPI 6-0017, Boathouse Parking Addition Development Plan Amendment Consider approving a Development Plan amendment for the Boathouse multi -family project to add 16 parking spaces at the southwest corner of Lake District Drive and Plano PKWY. Chairman I lames read the Consent Agenda items into the record. Commissioner Ilebb asked why these plats are being denied. Mr. Scruggs responded that items 2.1 through 2.5 are all replats and have been in the process for more than few months and in some cases a year. They have not responded to staff comments and have not submitted the plat and required drawings as needed. So staff recommends denial for these plats. Commissioner Hebb moved to accept Items 2.1, 2.2, 2.3, 2.4, 2.5, and 2.6 as stated (including denial of Items 2.2 — 2.5) Commissioner Buffington seconded the motion. Motion carried (6-0). 3.0 ( PUBLIC HEARING ITEMS , 3.1 SI16-0001, Zoning Ordinance Amendment - Definition of Single Family Conduct a public hearing, discuss and consider making a recommendation to City Council on an amendment to Appendix A, "boning Ordinance, Section 25-101(21) containing definition of Family. Chairman flames read the public hearing item 3.1 into record. Mr. Scruggs presented the staff report. Chairman flames opened and closed the public hearing at 6:36 p.m. with no one wishing to speak. City Attorney, Mr. Ritter advised if Commission would like to go to Executive Session to discuss this item. The Commission went into executive session at 6:37 p.m. The Commission re -convened into regular session at 6:57 p.m. Commissioner DeBurr stated that there might be bigger issues related to this item, but the Commission has to move forward with the item at hand. Commissioner :Molina stated that he has some reservation with the definition requiring no more than 2 unrelated people in a single family home. Commissioner Pool agreed with Commissioner Molina that requiring no more than 2 is very restrictive. - Commissioner DeBurr asked for confirmation that if the item is recommended for denial, Council can still approve the item with super -majority vote. Chairman Iiames stated affirmative. Commissioner DeBurr moved to deny Item 3.1 Commissioner Molina seconded the motion. Motion carried (5-1) with Commissioner Hebb opposing. City of The Colony December 13, 2016 Planning and Zoning Commission Meeting Minutes Page 3 of 5 3.2 PDA16-0002, Amendment to Planned Development District No. 14 Conduct a public hearing, discuss and consider making a recommendation to City Council on request for Planned Development 14 (PD 14) amendment to allow "Auto Repair Garage (inside)" use within existing building at 4173 '.Main Street location. Chairman Hames read the public hearing item 3.2 into record. Mr. Scruggs presented the staff report. Commissioner Iiebb asked if this tire shop is attached with the used car sales business on Main Street and they are moving the tire shop to this new location. Mr. Scruggs clarified that this is the oil change business on Main Street where they are renting space from Pennzoil and the building is Main Oil and Lube. Commissioner Hebb asked as part of the tire shop where they will store used tires. Mr. Scruggs stated that the used tires will be stored inside. Chairman Ilames opened the public hearing at 7:15 p.m. Vincent Tracy from 4177 Main Street approached the Commission. He is representing the business next door, Midas where they also work on cars and have used tired. Midas has a dedicated enclosure for used tires and once a month those tires are picked up by a company for proper disposal or re -use. historically tire change businesses along Main Street have illegally dumped their used tires in the Midas tire enclosure and there have been issues with trash disposal along Office Creek within the woods. His concern is how the used tires will be handled in this proposed location. Chairman Hames asked if there was anyone from Royal Discount Tires present. Mr. Campos, representing Royal Discount Tires approached the Commission. Ile stated that the tires will be disposed once a week and will be stored inside. There will not be any tires outside. Chairman Hames closed the public hearing at 7:18 p.m. Commissioner Ilebb asked how the Code Enforcement is involved in this issue, in terms of tires being dumped or junk cars being disposed near the creek. Mr. Scruggs stated that Code Enforcement is responsible to enforce these requirements. He added that in the past two years there was only one issue at the existing Pennzoil location regarding clearing up the tires and the site. That has been takes care of by the applicant. Commissioner DeBurr asked which zoning districts allow this land use by right. Mr. Scruggs stated that General Retail (GR) allows this land use by right. PD 14 however has explicitly prohibited this land use. Commissioner Hebb asked whether this PD amendment would allow the tire shop to open anywhere within this building. Also are they allowed to work on cars outside? Mr. Scruggs responded that due to the car wash bays face Main Street due to Gateway Overlay requirements, tire shops will not be allowed to locate at the car wash area. If approved, the tire shop will not be allowed to work on cars outside the building. Commissioner DeBurr moved to approve Item 3.2 Commissioner Pool seconded the motion. Motion carried (6-0). City of The Colony December 13, 2016 Planning and Zoning Commission Meeting Minutes Page 4 of 5 3.3 Z16-0002 Lakeview Villas Zoning Change from General Retail (GR) and 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) and General Retail I (GR) to Planned Development -Townhouse Dwelling (PD-TIi) zoning district allowing town homes development at 4851 Westport Drive property described as Colony No 33 Lot Tract 1(SW Corner) and A0173A BBB & CRR, Tract 34, 1.586 Acres, Old DCAD Tract # 13. Chairman Hames read the public hearing item 3.3 into record. Mr. Scruggs presented the staff report. Developer, Warren Packer with P Custom Homes gave a presentation to the Commission regarding the proposed townhomes. Commissioner Molina asked which section of Westport Drive will be improved along with this project and whether there will be a trail connection from this property to the City trail. Mr. Packer stated the section of Westport that will be fronting this property will be improved. Ile is still working on the trail connection and open space along the lake, but there will be a connection to the City trail. Chairman Hames asked due to the fact that these residences are being added was there any — - consideration given to complete a traffic study. Mr. Scruggs stated that based on the number of units being added a traffic study wasn't required due to minimal impact. Commissioner Buffington asked how tall the retaining walls will be between the businesses and these townhomes. Mr. Packer responded that the screening walls will probably be 6' tall. Commissioner Buffington asked what, if any, type of fence will be built along the lake side and towards the west boundary of the property. Mr. Packer stated that there will be wrought iron fence on the lake side and along the west. Commissioner Buffington asked what the grade difference is between the hill side townhomes and the businesses. Mr. Packer answered that the garages for the hill side units are in the basement effectively raising the townhomes to provide view of the lake. The ground level for the businesses is at the same level of the garage roof. Commissioner Hebb asked if Westport has right-of-way connecting to Main Street. Mr. Scruggs responded affirmative and also confirmed that essentially there are two entry exit points for this development, one through Main Street and the other via S Colony Blvd. _ Commissioner Hebb asked about the condition of Westport Drive from Main Street to this development and whether the City has any plans of improvement. Mr. Scruggs responded that the segment of Westport Drive from Main Street to this project is in poor condition and the City does not have any plans of improvements as of now. City of The Colony December 13, 2016 Planning and Zoning Commission Meeting Minutes Page 5 of 5 Commissioner Hebb asked whether there will be some terraced area in the common space close to the lake where home owners could have picnic or enjoy as common area. Mr. Packer stated that each townhome lot will have their own back yard and front yard. The common area will be separated by a retaining wall and Home Owners Association (HOA) will be responsible for maintenance. Commissioner Hebb asked about the elevator shafts and how they are going to be installed. Mr. Packer responded that the elevator shafts are going to be built for each unit and they will be installed at the home owner's choice. Commissioner Iiebb asked if residential elevators have to be inspected every year like commercial elevators. Chairman Hames added that staff needs to look into requirements for residential elevators. Commissioner Pool asked if the units are going to be built as they are sold or are they going to be pre -built and then sold. Mr. Packer answered that there will be a sales office and once 50% of the units are sold then construction will begin. Commissioner Pool asked what type of price range will be for these units. Mr. Packer stated that currently single family homes in Frisco and surrounding areas are expensive ranging somewhere from $450 to $600 thousands. These units will be more affordable and attractive to millennials and empty nesters. Chairman Hames opened the public hearing at 7:45 p.m. Gary Herman approached Commission. Ile asked depending on 33 units being proposed how the traffic will be handled coming in and out of this project. Mr. Scruggs stated that usually the morning traffic will take Westport Drive and make a right turn on Main Street. The evening traffic will take left turn at S Colony and enter the Westport Drive from the other side. Chairman I lames closed the public hearing at 7:48 p.m. Commissioner DeBurr moved to approve Item 3.3 Commissioner Buffington seconded the motion. Motion carried (6-0). There being no further business to come before the Commission, Chairman I lames adjourned the Regular Session of the Planning and Zoning Commission at 7: 51 p.m. K en Hames, Chairman V Surupa Sqn, AICP, Senior Planner