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HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 08/22/2023 - RegularMINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION TUESDAY, AUGUST 22, 2023 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, August 22, 2023 at 6:30 p.m. in the City Council Chambers located at City Hall, 6800 Main Street, The Colony, Texas, at which time the following items were addressed: Board Members Present: Karen Hames, Brenda Armour, Dan Rainey, Detrick DeBurr, Jeff Baran, A.B. Martin, and Kenneth Flo Board Members Absent: none Staff Present: Isaac Williams, Planning Director; Ana Alvarado, Planning Technician; Keyl Groff, Planner; Naim Khan, Senior Engineer, Judy Ensweiler, City Council, Ed Voss, Attorney, Perry Schrag, City Council; Brian Wade, City Council 1.0 1 CALL REGULAR SESSION TO ORDER Chair Hames called the regular session of the Planning and Zoning Commission meeting to order at 6:30 p.m. 1.1 1 CITIZENINPUT Chair Hames opened the floor for citizen input at 6:30 p.m. No citizen came forward for input. Citizen input was closed at 6:30 pm. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the August 8, 2023 Regular Session. 2.2 RP23-0004 — Kroger Fuel Addition Lot 47R, Block 1 - Replat Consider approval of a Replat for Lot 47R, Block 1 being a replat of all of Lots 47 thru 55 and 57-62 and a portion of Lot 56, Block 1, being an approximately 1.15 acre tract in the R Hardin Survey, Abstract No. 611, in the City of The Colony, Denton County, Texas located southeast of the intersection of East Lake Highlands Drive and Main Street (FM 423) within the General Retail (GR) zoning district and the Gateway Overlay District. Chair Hames read Consent Agenda Items 2.1 and 2.2 into the record. Commissioner DeBurr made a motion to approve items 2.1 and 2.2, seconded by Commissioner Martin. The motion carried (7-0). 3.0 PUBLIC HEARING ITEMS 3.1 Z23-0001 — Kroger Fuel Addition, Block 1, Lots 47 thru SS, Zoning Change from Heavy Commercial (HQ to General Retail (GR) Conduct a public hearing, discuss and consider making a recommendation to the City Council regarding a zoning change from Heavy Commercial (HC) zoning district to General Retail (GR) zoning district, being Lots 47-55, Block 1, Garza -Little Elm Lake Estates, and being approximately 0.67 acres (29,185 ft) of land in the Garza -Little Elm Lake Estates, and being located southwest of the intersection of East Lake Highlands Drive and Elm Street. City of The Colony August 22, 2023 Planning and Zoning Commission Meeting Minutes Page 2 of 5 Chair Hames read Public Hearing Item 3.1 into the record. Mr. Groff presented the staff report. Chair Hames opened the public hearing at 6:34 pm. Mr. Drew Donosky, C1ayMoore Engineering representative, stated he is present to answer any questions the board may have. Chair Hames closed the public hearing at at 6:34pm. Commissioner Armour made a motion to approve item 3.1, seconded by Commissioner Baran. The motion carried (7-0). 3.2 GSW23-0003 — Kroger Fuel Gateway Standards Waiver, Canopy Height Conduct a public hearing, discuss and consider making a recommendation to City Council regarding the approval of a Gateway Standards Waiver from (1) Section l0A- 900(c)(5)(F) allowing a canopy of eighteen (18) feet one (1) inch where sixteen (16) feet is permitted. The subject site being located southwest of the intersection of East Lake Highlands Drive and Elm Street. Chair Hames read Public Hearing Item 3.2 into the record. Mr. Groff presented the staff report. Chair Hames opened the public hearing at 6:3 8 pm. Mr. Drew Donosky, C1ayMoore Engineering representative, stated he is present to answer any questions the board may have. Chair Hames closed the public hearing at 6:38pm. Commissioner Rainey made a motion to approve item 3.2, seconded by Commissioner Martin. The motion carried (7-0). 3.3 PDA23-0004 Chelsea Green at the Tribute- Tribute Planned Development Amendment Conduct a public hearing, discuss and consider making a recommendation to City Council for amendments to (Ordinance 2022-2464) Planned Development-18 (PD-18) and Planned Development-23 (PD-23) District aka The Tribute, by modifying Exhibit B "Development Regulations for PD-18 and PD-23," updating the Concept Plan townhome development elevations for "Chelsea Green at the Tribute" an approximately 29.691 acre area located southwest of the intersection of the intersection of Bridge Lane and Lebanon Road within the Tribute Community. Chair Hames read Public Hearing Item 3.3 into the record. Mr. Groff presented the staff report. 2 City of The Colony August 22, 2023 Planning and Zoning Commission Meeting Minutes Page 3 of 5 Commissioner Rainey asked for clarification if the pergola is attached would it be allowed under current Planned Development regulations. Staff responded that what triggers the ask from the board is that the accessory structure will be in the front yard. Chair Hames opened the public hearing at 6:43 pm. Chair Hames closed the public hearing at 6:43 pm. Commissioner Rainey made a motion to approve item 3.3, seconded by Commissioner Martin. The motion carried (7-0). 3.4 PDA23-0005 — Planned Development l6 Amendment (Off-Premises/Billboard Sign) Conduct a public hearing, discuss and consider making a recommendation to City Council for amendments to Planned Development 16 District (PD-16), to permit and provide development standards for off-premises/billboard signage on Lot 2, Block A (Colony Center). The subject site is located west of the northwest intersection of the SH 121 Service Road and South Colony Boulevard, within the Planned Development 16 (PD-16) District and the Gateway Overlay District. Chair Hames read Public Hearing Item 3.4 into the record. Mr. Williams presented the staff report. Chair Hames asked if the proposed billboard is the same size as the other billboards within the City. Staff responded that it is comparable in size. Commissioner DeBurr asked for clarification if a similar ask has already been approved by the board for this specific planned development. Staff responded that an amendment was done two or three years ago to approve a billboard in this planned development. Commissioner Rainey asked if this billboard will replace any of the existing pylon signs. Staff responded that this would be in addition to all existing signage. Commissioner Rainey asked if there are any requirements that would essentially only allow advertising of the tenants at this location. Staff responded that the City does not have the right to restrict who can advertise on the billboard. It would be to the discretion of the owner. 3 City of The Colony August 22, 2023 Planning and Zoning Commission Meeting Minutes Page 4 of 5 Chair Haines opened the public hearing at 6:55 pm. Mr. Lynn Kadleck, representative for the property owner, replied that the request before the board is the same as the billboard that was requested a few years back and was placed at Village 121. The intent of the billboard is to advertise the tenants at the location in order to help the tenants have more visibility next to the highway and encourage tenants to continue at the location through lease extensions. The billboard does have an impact on the tenants in the shopping center. The billboard is digital and will advertise tenants and other off premise businesses, however, the main purpose is to advertise the tenants of the shopping center. The visibility is very important and the billboard offers that. If you drive on the service road the pylon sign and the billboard provides the tenants with visibility. If you are on the highway, it is a raised highway so you cannot even see the property frontage. The billboard will alleviate that and people can still take the next exit and come back around to visit that business or take note of it for future reference. There are current negotiations with other new developments and the billboard plays an important part in attacking those new businesses to the shopping center. The owner is providing six months free advertising to all new tenants. Chair Hames asked for clarification on staff s position that the billboard would not provide additional visibility to the site. Staff responded that the location of the sign would not provide any more visibility then passing the site and seeing the shopping center. By the time a person recognizes sign content they have passed the exit and would have to circle back to go to the shopping center. Staff weighed that fact, and considered if it was sufficient to allow a prohibited sign to be at this site. Commissioner Baran asked if the billboard is approved would that hinder any future sign requests for this property. Staff responded, that no all signage would be reviewed for compliance with the ordinance and would the distances between signs would be considered. Commissioner Flo ask for clarification if the Commission is to vote on the type of sign it is, what it advertises or safety concerns on the visibility of the billboard. Staff responded that the Commission is to consider allowing a prohibited sign in the shopping center. Since the shopping center is within a planned development the applicant is requesting that the Commission approve the billboard since within the planned development ordinance there is language that speaks to the applicant's ability to ask the board for a billboard. The Commission cannot restrict what is advertised on the billboard. Applicant would still have to apply for a sign permit if the board approves the billboard. Commissioner DeBurr asked if the applicant can express the true need for the billboard. Mr. Kadleck responded that it is a different property and staff cannot recommend approval because the City ordinance does not allow billboards. The owner of Village 121 is the same owner as the shopping center in question and the owner wants the ability to be able to advertise the tenants of this other shopping center. 4 City of The Colony August 22, 2023 Planning and Zoning Commission Meeting Minutes Page 5 of 5 Commissioner Rainey commented that he drove by the site twice during the day and at night and did the same run three times back and forth on the highway through the new proposed billboard site and the Village 121 site. In all the times he passed by the billboard not once did it advertise any of the existing tenants at Village 121 that he could read passing by. The pylon signs are the ones best seen when driving on the service road and those signs are only about sixty percent utilized. Mr. Kadleck commented that the existing billboard did advertise the tenants for two years. Now those tenants are established so the billboard advertises off premise businesses as well, which was specified in the previous request to the board. The new billboard would be used in the same fashion. Chair Hames closed the public hearing at 7:25 pm. Commissioner DeBurr made a motion to deny item 3.4, seconded by Commissioner Flo. The motion carried (7-0). There being no further business to come before the Commission, Chair Hames adjourned the Regular Session of the Pl ning 7and Zoning Commission at 7:26 p.m. Kare 'mes, Chai 7' IsaXc Williams, Planning Director 5 No Text