HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 09/12/2023 - RegularMINUTES
CITY OF THE COLONY
PLANNING AND ZONING COMMISSION
TUESDAY, SEPTEMBER 12, 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, September 12, 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, A.B.
Martin, and Kenneth Flo
Board Members Absent: Jeff Baran (stated as present)
Staff Present: Isaac Williams, Planning Director; Ana Alvarado, Planning Technician; Keyl Groff,
Planner; Nairn Khan, Senior Engineer, Judy Ensweiler, City Council, Ed Voss, Attorney, Jeromy
Lucas, Fire Marshal
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.
13 1 CITIZEN INPUT
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
1 Consider approval of the minutes of the August 22, 2023 Regular Session.
Chair Hames read Consent Agenda Item 2.1 into the record.
Commissioner Armour made a motion to approve item 2.1, seconded by Commissioner
Martin. The motion carried (6-0).
3.0
PUBLIC HEARING ITEMS
3.1
PDA23-0003 — Planned Development 16 Amendment- URRILD Indoor/Outdoor
Amusement Facility
Conduct a public hearing, discuss and consider making a recommendation to City
Council for amendments to Planned Development 16 (PD-16) Ordinance No. 99-1129
(and as amended) by establishing the conceptual development Standards for an
approximately 88,000 square -foot Indoor/Outdoor Amusement Facility on Lot 7B,
Block A within Tract B of The Colony Center Addition. The subject area contains
approximately 6.59 acres and is located west of the northwest intersection of South
Colony Boulevard and State Highway 121 within the Planned Development 16 (PD-16)
District and the Gateway Overlay District.
Chair Hames read Public Hearing Item 3.1 into the record.
Mr. Williams presented the staff report.
Chair Hames opened the public hearing at 6:35 pm.
City of The Colony
September 12, 2023
Planning and Zoning Commission Meeting Minutes
Page 2 of 5
Mr. David Ellis with Urban Legacies, representative of the development, presented the development
to the Board.
Commissioner Rainey asked if the east facing wall material or color could be broken up so that its
not a big dark wall since it will be the first impression for people coming from Memorial Drive and
could the landscaping be improved.
Mr. Ellis responded that they will take that under advisement. It is important to the development
that when you enter into the site you feel like you have arrived somewhere. There are limits to what
can be done to the building but with landscaping many more things can be done.
Commissioner Flo asked if the images presented are the final design overall.
Mr. Ellis responded that what was being presented is the final design.
Commissioner Flo asked for clarification on what development standards the board is voting on and
if the development doesn't occur will those development standards continue on the subject property.
Staff responded the board is approved the development as outlined and if the development doesn't
happen then the development standards continue with the property until another Planning
Developmet Amendment is done for another type of development.
Commissioner Flo asked if the board is voting on the allowance of this type of development in the
Planned Development.
Staff responded that yes the type of development is under consideration. The Code of Ordinances,
Gateway Overlay District and Planned Developent that have regulatory oversight on this property
don't address specifically this type of development enough. So a Planned Development Amendment
outlining development standards needs to be in place to be able to regulate this type of
development.
Chair Haines closed the public hearing at at 7:03 pm.
Commissioner DeBurr made a motion to approve item 3.1, seconded by Commissioner
Rainey. The motion carried (6-0).
3.2 S123-0007. Zoning Text Amendment Appendix A ("Non -Conforming Uses and
Structures')
Conduct a public hearing, discuss, and consider making a recommendation to City
Council regarding amendments to Appendix A, Section 20 of the Code of Ordinances
of The Colony, Texas, entitled "Nonconforming Uses And Structures" by adding a
Section 20-106 entitled "Compensation For Non -Conforming Uses"; and amending
Appendix A, Section 24, Section 24-101 of The Comprehensive Zoning Code of The
City of The Colony, Texas, Entitled "Amendments" by adding A subsection 24-101(I)
to address notice requirements for nonconforming uses.
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City of The Colony
September 12, 2023
Planning and Zoning Commission Meeting Minutes
Page 3 of 5
Chair Hames read Public Hearing Item 3.2 into the record.
Mr. Williams presented the staff report.
Chair Hames opened the public hearing at 7:09 pm.
Chair Hames closed the public hearing at 7:10 pm.
Commissioner Armour made a motion to approve item 3.2, seconded by Commissioner
Rainey. The motion carried (6-0).
3.3 SI23-0008: Zoning Text Amendment Appendix'B ("Subdivision Ordinance")
Conduct a public hearing, discuss, and consider making a recommendation to City
Council regarding amendments to Appendix B, of the Code of Ordinances of The
Colony, Texas, entitled "subdivision ordinance," by amending Section 3, entitled
"definitions," by adding definition for "approval" and amending the definition of
"filed" or "filing" and "plat"; adding a new Section 8.4, entitled "planning director
approval" by establishing approval of plats by planning director; and adding a new
Section 9.1, entitled "30-daytime frame for plat approvals."
Chair Hames read Public Hearing Item 3.3 into the record.
Mr. Wiliams presented the staff report.
Chair Hames opened the public hearing at 7:12 pm.
Chair Hames closed the public hearing at 7:12 pm.
Commissioner Martin made a motion to approve item 3.3, seconded by Commissioner Rainey.
The motion carried (6-0).
4.0
DISCUSSIONITEMS
4.1
SP23-0001— Kroger Fuel — Site Plan
Discuss and consider making a recommendation to City Council regarding the Site Plan
application of "Kroger Fuel," a Service Station (Motor Fuel) use including an
approximately 276 square -foot retail building, seven (7) fuel dispensers, and a 5,418
square -foot fuel canopy within Lot 47R, Block 1, in the Garza -Little Elm Lake Estates.
The subject site contains approximately 1.15 acres, and is located southeast of the
intersection of Main Street (FM 423) and East Lake Highlands Drive within the
General Retail Zoning District and the Gateway Overlay District.
Chair Hames read Discussion Item 4.1 into the record.
Mr. Groff presented the staff report.
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City of The Colony
September 12, 2023
Planning and Zoning Commission Meeting Minutes
Page 4 of 5
Commissioner Rainey asked for clarification on who owns and will maintenance the landscaping
along E. Lake Highlands Drive beyond the property line.
Staff responded that it is right-of-way that is maintained by the property owner and the way the
ordinance is written those areas are not encouraged to plant trees. It will maintain grass but no
irrigation is required.
Commissioner Martin asked for clarification of the property boundary lines
Staff responded that the property lines have been provided by a professional surveyor. Staff asked
for clarification from Commissioner Martin of what he is requesting from staff.
Commissioner Martin responded that the shape of the property is more of an "L" shape and what is
illustrated in the presentation is more of a rectangle shape.
Staff proposed that further consideration on this item be postponed to the next meeting to have time
to visit the site with Commissioner Martin and understand his findings.
Commissioner Martin made a motion to postpone item 4.1 to the next meeting on September
26, 2023 to allow staff to confirm property boundaries, seconded by Commissioner Rainey.
The motion carried (6-0).
4.3 SPA23-0004 — Chelsea Green Elevations
Discuss and consider approval of the Site Plan Amendment application for "Chelsea
Green at The Tribute," amending the approved Site Plan to provide elevations and
place detached pergolas within front yards of the 147 single-family attached
(Townhome) units, on an approximately 25 acre tract of land within the Tribute
community. The subject site is located at the southwest intersection of Bridge Lane and
Lebanon Road within the Planned Developmcnt 18 (PD) aka The Tribute Zoning
District.
Chair Hames read Discussion Item 4.3 into the record prior to item 4.2 and staff proceeded to
present 4.3.
Mr. Groff presented the staff report.
Commissioner Rainey asked what the allowed parking is on Bridge Lane regarding parking on both
sides.
Staff responded that Bridge Lane is a standard width street that will allow parking on each side.
Commissioner Armour made a motion to approve item 4.3, seconded by Commissioner
Rainey. The motion carried (6-0).
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City of The Colony
September 12, 2023
Planning and Zoning Commission Meeting Minutes
Page 5 of 5
4.2 SP23-0005 — Lake Highlands Retail — Site Plan
Discuss and consider making a recommendation to City Council regarding the Site Plan
application of "Lake Highlands Retail Building," an approximately 3,382 square -foot
retail building within Lot 1 R, Block 7, in the Garza -Little Elm Lake Estates. The
subject site contains approximately 0.44 acres, and is located at 7447 Main Street
within the General Retail Zoning District and the Gateway Overlay District.
Chair Hames read Discussion Item 4.2 into the record.
Mrs. Alvarado presented the staff report.
Commissioner Rainey asked if the signage for the three individual suites will come at a later time
and clarification on developments to the north and east.
Staff resoponded that the signs will come through a sign permit for approval. The developments to
the north are the proposed Firestone Auto Repair Shop and to the east is the proposed Kroger Fuel.
Commissioner Martin made a motion to approve item 4.2, seconded by Commissioner
DeBurr. The motion carried (6-0).
There being no further business to come before the Commission, Chair Hames adjourned the
Regular S,askion of the Planning and Zoning Commission at 7:34 p.m.
Karen
Director
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