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Home My WebLink About03/11/03 P&ZPlanning and Zoning Commission March 11, 2003 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON MARCH 11, 2003 The Regular Session of the Planning and Zoning Commission of the City of The Colony, Texas was called to order at 6:30 p.m. on the 11th day of March, 2003 at City Hall with the following members present: Deville Hubbard, Chairman DeWayne Snider Brian Wade Kirk Mikulec Bill Jamme Bill Harrison Staff: Harry Persaud, Director of Development Services Chris Spencer, Planner James Hanvey, Engineer Sandy Vondersaar, Administrative Assistant With six (6) members present, a quorum was established and the following items were addressed: 2.0 DISPOSITION OF MINUTES 2.1 Approval and/or correction of Planning and Zoning Commission Minutes for the meeting held on March 4, 2003. Motion to approve the minutes of the meeting held on March 4, 2003, Commissioner Jamme; second, Commissioner Harrison. Motion carried 6-0. 3.0 CITIZEN INPUT None 4.0 PUBLIC HEARING 4.1 Hold a public hearing and consider an ordinance of the City of The Colony, Texas amending the Comprehensive Zoning Ordinance of the City, by amending subsection 10-200 entitled schedule of uses by district and subsection 10-300 entitled definitions and explanations applicable to use schedule and providing for an effective date. The proposed amendments -1- Planning and Zoning Commission March 11, 2003 relate to Rehabilitation Care Facilities, Rehabilitation Care Institutions, Group Homes, Household Care Facilities, and Elderly and Handicapped Housing. (2002-M017) Commissioner Hubbard opened the public heating at 6:33 p.m. Mr. Persaud gave a brief history regarding consideration of an ordinance amending the Comprehensive Zoning Ordinance of the City relating to Rehabilitation Care Facilities, Rehabilitation Care Institutions, Group Homes, Household Care Facilities, and Elderly and Handicapped Housing. The Planning and Zoning Commission considered this item on December 10, 2002 and moved to table the item requesting that staff and the City Attorney schedule a work session to further discuss this issue. Following the work session held on February 11, 2003 staff and the City Attorney addressed the following issues: (1) Classify categories of Rehabilitation Uses, (2) Table of Permitted Uses and (3) Certification and Licensing. Mr. Kyle Woodall of 5692 Powers Street, The Colony, Texas 75056 and Mr. Don Eliot of 5205 Ragan Drive, The Colony, Texas 75056 spoke during the public input portion of the public heating. They both stressed the need for a Rehabilitation Care Facility in a residential area of the City. The Commission requested that different verbiage be used when referring to the term Single Family. They also requested any Act or Regulation which may be applicable to the use definitions be included in said definitions. Mr. Persaud informed the Commission that the new City attorney will be reviewing the ordinance and will be available to attend our April 8th Planning and Zoning Commission Meeting. Commissioner Hubbard closed the public hearing at 6:45 p.m. A motion to table consideration of an ordinance of the City of The Colony, Texas amending the Comprehensive Zoning Ordinance of the City, by amending subsection 10-200 entitled schedule of uses by district and subsection 10-300 entitled definitions and explanations applicable to use schedule and providing for an effective date. The proposed amendments relate to Rehabilitation Care Facilities, Rehabilitation Care Institutions, Group Homes, Household Care Facilities, and Elderly and Handicapped Housing. (2002-M017) until the April 8, 2003 Planning and Zoning Commission Meeting; Commissioner Jamme; second Commissioner Harrison. Motion carried 6-0 . 5.1 Consider a request for approval of a Development Plan with regard to tract C, Planned Development PD-16, and a preliminary plat for Lot 1 & Lot 2, Block A, Estancia Addition, being a 30-acre tract situated in the B. B. B. & C. R. R. Co. Survey, Abstract No. 174, and in the William Bridges Survey, '" Abstract No. 112 located north of SH 121, south of Memorial Drive, and west Planning and Zoning Commission March 11, 2003 of Morningstar Drive, in the City of The Colony, Denton County, Texas. (2003-M004), (2002-PP001) Mr. Spencer presented the staff report regarding a request for approval of a Development Plan located north of SH121, south of memorial Drive, and west of Morningstar Drive. Mr. Nick Sulkowski, P.E. and Ms. Bridgette Shamburger, P.E. of Kimley-Horn and Associates, Inc. at 12700 Park Central Drive, Suite 1800, Dallas, Texas 75251, Mr. Brady Blair of Floumoy Development Company at Parkway, Columbus, Georgia 31917 and Mr. James Wesseldyk, Architect of Geheber Lewis Associates at 1122 West Peachtree Street, Atlanta, Georgia 30309 were present to answer questions. Staff recommends approval subject to six (6) stipulations. The representative for the development, Mr. Sulkowski of Kimley-Horn and Associates, Inc. requested that stipulation number three (3) Right turn deceleration lane for southbound traffic on Momingstar entering the site, be removed. After a lengthy discussion it was requested that staff stipulation number three (3) be struck. A motion for approval of a Development Plan with regard to tract C, Planned Development PD-16, and a preliminary plat for Lot 1 & Lot 2, Block A, Estancia Addition, being a 30-acre tract situated in the B. B. B. & C. R. R. Co. Survey, Abstract No. 174, and in the William Bridges Survey, Abstract No. 112 located north of SH 121, south of Memorial Drive, and west of Morningstar Drive, in the City of The Colony, Denton County, Texas. (2003-M004), (2002-PP001) subject to stipulations 1, 2, 4, 5 and 6; Commissioner Jamme; second Commissioner Snider. Motion carried 4-2. Commissioners Jamme, Snider, Wade and Hubbard for. Commissioners Harrison and Mikulec against. 5.2 Consider a request for approval of a Final Plat for Lot 1 Block A, Estancia Addition, being a 15-acre tract situated in the B. B. B. & C. R. R. Co. Survey, Abstract No. 174, and in the William Bridges Survey, Abstract No. 112 located north of SH 121, south of Memorial Drive, and west of Morningstar Drive, in the City of The Colony, Denton County, Texas. (2003-FP001) Mr. Spencer presented the staff report regarding approval of a Final Plat for The Estancia Addition located north of SH121, south of Memorial Drive, and west of Momingstar Drive. Mr. Nick Sulkowski, P. E. and Ms. Bridgette Shamburger, P.E. of Kimley-Horn and Associates, Inc. at 12700 Park Central Drive, Suite 1800, Dallas, Texas 75251, Mr. Brady Blair of Flournoy Development Company at Parkway, Columbus, Georgia 31917 and Mr. James Wesseldyk, Architect of Geheber Lewis Associates at 1122 West Peachtree Street, Atlanta, Georgia 30309 were present to answer questions. -3- Planning and Zoning Commission March 11, 2003 Staff recommends approval subject to two (2) stipulations. -- A motion for approval of a Final Plat for Lot 1 Block A, Estancia Addition, being a 1S-acre tract situated in the B. B. B. & C. R. R. Co. Survey, Abstract No. 174, and in the William Bridges Survey, Abstract No. 112 located north of SIt 121, south of Memorial Drive, and west of Morningstar Drive, in the City of The Colony, Denton County, Texas. (2003-FP001) subject to two (2) staff stipulations; Commissioner Jamme; second Commissioner Snider. Motion carried 6-0. 5.3 Consider approval of a Site Plan for The Estancia Apartments at Morningstar located on a 15-acre tract being Lot 1 Block A, Estancia Addition, situated in the B. B. B. & C. R. R. Co. Survey, Abstract No. 174, and in the William Bridges Survey, Abstract No. 112 located north of SH 121, south of Memorial Drive, and west of Morningstar Drive, in the City of The Colony, Denton County, Texas. (2003-SP002) Mr. Spencer presented the staff report regarding approval of a Site Plan for The Estancia Apartments located north of SH121, south of Memorial Drive, and west of Momingstar Drive. Mr. Nick Sulkowski, P. E. and Ms. Bridgette Shamburger, P.E. of Kimley-Hom and Associates, Inc. at 12700 Park Central Drive, Suite 1800, Dallas, Texas 75251, Mr. Brady Blair of Flournoy Development Company at Parkway, Columbus, Georgia 31917 and Mr. James Wesseldyk, Architect of Geheber Lewis Associates at 1122 West Peachtree Street, Atlanta, Georgia 30309 were present to answer questions. Staff recommends approval subject to five (5) stipulations. A motions for approval of a Site Plan for The Estaneia Apartments at Morningstar located on a 15-acre tract being Lot 1 Block A, Estancia Addition, situated in the B. B. B. & C. R. R. Co. Survey, Abstract No. 174, and in the William Bridges Survey, Abstract No. 112 located north of SH 121, south of Memorial Drive, and west of Morningstar Drive, in the City of The Colony, Denton County, Texas. (2003-SP002) subject to 5 staff stipulations and correcting paperwork and stacking on north bound Morningstar Lanes; Commissioner Jamme; second Commissioner Snider. Motion carried 6-0. With no further business, the meeting adjourned at 8:05 p.m. Sandy Von)~saar, Recording Secretary -4-