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HomeMy WebLinkAbout05/10/05 P&Z Planning and Zoning Commission May 10, 2005 I MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON MAY 10, 2005 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 10th day of May, 2005 at City Hall with the following members present: DeVille Hubbard Marlene Milsak Mike Barrett Kirk Mikulec, Chairman Brian Wade Jeff Connelly Bill Harrison Staff: Harry Persaud, Director of Development Services David Dodd, City Attorney James Hanvey, Engineer Lauren Odell, Planner Sandy V ondersaar, Administrative Assistant I With seven (7) P & Z 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 April 12, 2005 Motion to approve the minutes of the meeting held on April 12, 2005, with the correction under item 4.2. Motion to adjourn to Executive Session carried 5-1. Commissioner Hubbard, Milsak, Barrett, Connelly and Wade for; Chairman Mikulec against, Commissioner Connelly; second, Commissioner Milsak. Motion carried 6-0 with one abstention. Commissioner Harrison was not in attendance at the April 12th meeting. 3.0 CITIZEN INPUT None 4.0 ITEM FOR CONSIDERATION I 4.1 Consider approval of a Preliminary Plat for Lots 1 and 2, Block 1, Blair Oaks Addition, being a 34.741-acre tract situated in the T. Wilson Survey, Abstract - 1 - Planning and Zoning Commission May 10, 2005 No. 1352, the B.B.B. and C.R.R. Survey, Abstract No. 173, and the J.B. Shipps Survey, Abstract No. 1227. The subject tract is located at the northeast corner of the intersection of Blair Oaks Drive and State Highway 121, in the City of The Colony, Denton County, Texas (2005-PP003). Ms. Odell presented the staff report regarding a Preliminary Plat for Lots 1 and 2, Block 1, Blair Oaks Addition located at the northeast corner of the intersection of Blair Oaks Drive and State Highway 121. Mr. Jeremy Leong Yee ofCEI Engineering Assoc., Inc. and Mr. Steve Meier of Mays and Company, 5949 Sherry Lane, Suite 1570, Dallas, Texas 75225 were present to answer questions. Staff recommends approval with one (1) stipulation. Motion to approve a Preliminary Plat for Lots 1 and 2, Block 1, Blair Oaks Addition, being a 34.741-acre tract situated in the T. Wilson Survey, Abstract No. 1352, the B.B.B. and C.R.R. Survey, Abstract No. 173, and the J.B. Shipps Survey, Abstract No. 1227. The subject tract is located at the northeast corner of the intersection of Blair Oaks Drive and State Highway 121, in the City of The Colony, Denton County, Texas (2005-PP003) subject to one (1) staff stipulation, Commissioner Wade; second Commissioner Barrett. Motion carried 7-0. 4.2 Consider approval of a Final Plat for Lot 1, Block 1, Blair Oaks Addition, being a 1.119-acre tract situated in the T. Wilson Survey, Abstract No. 1352, the B.B.B. and C.R.R. Survey, Abstract No. 173, and the J.B. Shipps Survey, Abstract No. 1227. The subject tract is located at the northeast corner of the intersection of Blair Oaks Drive and State Highway 121, in the City of The Colony, Denton County, Texas (2005-FP004). Ms. Odell presented the staff report regarding a Final Plat for Lot 1, Block 1, Blair Oaks Addition located at the northeast corner of the intersection of Blair Oaks Drive and State Highway 121, immediately west of the existing Goody Goody Liquor. Mr. Jeremy Leong Yee ofCEI Engineering Assoc., Inc. and Mr. Steve Meier of Mays and Company, 5949 Sherry Lane, Suite 1570, Dallas, Texas 75225 were present to answer questions. Staff recommends approval with one (1) stipulation plus the addition ofthe following: Upon submittal for filing, the Title block shall be amended to reflect the appropriate Survey and Abstract information. Motion to approve a Final Plat for Lot 1, Block 1, Blair Oaks Addition, being a 1.119-acre tract situated in the T. Wilson Survey, Abstract No. 1352, the B.B.B. and C.R.R. Survey, Abstract No. 173, and the J.B. Shipps Survey, Abstract No. 1227. The subject tract is located at the northeast corner of the intersection of Blair Oaks - 2 - Planning and Zoning Commission May 10, 2005 I Drive and State Highway 121, in the City of The Colony, Denton County, Texas (2005- FP004) subject to two (2) staff stipulations, Commissioner Wade; second Commissioner Barrett. Motion carried 7-0. 4.3 Consider approval of a Final Plat for Lot 1, Block A, Cougar Alley Addition, being a 7.100-acre tract situated in the T. Wilson Survey, Abstract No. 1352. The subject tract is located on the south side of Cougar Alley at the intersection of Nowlin Drive, in the City of The Colony, Denton County, Texas (2005- FP005). Ms. Odell presented the staff report regarding a final plat for Lot 1, Block A, Cougar Alley Addition located on the south side of Cougar Alley at the intersection of Nowlin Drive. Mr. Mark Ross of L.I.S.D., P.O. Box 217, Lewisville, Texas 75067 and Mr. R. Yon Beougher of G & A Consultants, Inc., 111 Hillside Drive, Lewisville, Texas 75067 were present to answer questions. Staff recommends approval subject to one (1) stipulation. The Commission requested the following stipulation be added: Barbed wire is not to be used on any fencing on the property. I A motion to approve a Final Plat for Lot 1, Block A, Cougar Alley Addition, being a 7.100-acre tract situated in the T. Wilson Survey, Abstract No. 1352. The subject tract is located on the south side of Cougar Alley at the intersection of Nowlin Drive, in the City of The Colony, Denton County, Texas (2005- FP005) subject to two (2) stipulations, Commissioner Connelly; second Commissioner Milsak. Motion carried 6-0 with one (1) abstention. Commissioner Hubbard, Milsak, Barrett, Connelly, Wade, Mikulec for; Commissioner Harrison abstained. 4.4 Consider approval of a Site Plan for Lewisville Independent School District Bus Maintenance and Fuel Facility Phase Two, being a 12.536-acre tract situated in the T. Wilson Survey, Abstract No. 1352. The subject tract is located on the south side of Cougar Alley at the intersection of Nowlin Drive, in the City of The Colony, Denton County, Texas (2005- SP007). Ms. Odell presented the staff report regarding a site plan for Lewisville Independent School District Bus Maintenance and Fuel Facility Phase Two located north of State Highway 121, east of the existing Albertson's, south of Memorial Drive and west of Blair Oaks Drive. I - 3 - Planning and Zoning Commission May 10, 2005 Mr. Mark Ross of L.I.S.D., P.O. Box 217, Lewisville, Texas 75067 and Mr. R. Von Beougher of G & A Consultants, Inc., 111 Hillside Drive, Lewisville, Texas 75067 were present to answer questions. Mr. Ross informed the Commission that the barn structures on the property will be demolished immediately and to allow for growth the house will be demolished in the near future. The Commission was concerned about meeting the Fire Code requirements and possible contamination of the creek. Staff assured them these issues will be reviewed and addressed by the Fire Marshal prior to issuance of a Certificate of Occupancy. Mr. Ross also wanted to correct the misconception there will be gasoline on site. This facility disperses diesel fuel only. The Commission requested the following stipulations: 1. Engineering plans are to be approved in accordance with City specifications before a building permit is issued. 2. Barbed wire is not to be used on any fencing on the property. 3. All issues regarding placement ofthe fire hydrant at the Fueling Facility are to be resolved prior to City Council consideration A motion to approve a Site Plan for Lewisville Independent School District Bus Maintenance and Fuel Facility Phase Two, being a 12.536-acre tract situated in the T. Wilson Survey, Abstract No. 1352. The subject tract is located on the south side of Cougar Alley at the intersection of Nowlin Drive, in the City of The Colony, Denton County, Texas (2005- SPOO7) subject to the above three (3) stipulations, Commissioner Connelly; second Commissioner Wade. Motion carried 7-0. 4.5 Consider approval of a Site Plan for Main Street Marketplace Phase II, being a 1.148-acre tract in the T. Wilson Survey, Abstract No. 1352. The subject tract is located at the northeast corner of the intersection of Memorial Drive and Main Street, in the City of The Colony, Denton County, Texas. (2005-SPOOl). Ms. Odell presented the staff report regarding a site plan for Main Street Marketplace located at the northeast comer of the intersection of Memorial Drive and Main Street. Mr. Jim Houser of Jensen Commercial Inc., 4008 W. Vickery, Fort Worth, TX 76017 was present to answer questions. Commissioner Barrett had concerns regarding the location of the fire hydrants. Mr. Houser assured him the City Fire Marshal is in complete agreement with the existing plans. Commissioner Wade had questions regarding landscaping. Mr. Houser stated the addition exceeds the landscaping requirements. - 4- Planning and Zoning Commission May 10, 2005 I Commissioner Connelly asked how close this property IS to the Gateway Overlay District. Mr. Persaud said the Gateway Overlay District is State Highway 121 and Memorial Drive. This property is just adjacent to it. The Commission requested the following stipulation be added: Missing or dead shrubs in the parking lot screening along Main Street are to be replaced at the time of landscape installation for the proposed addition. A motion to approve a Site Plan for Main Street Marketplace Phase II, being a 1.148- acre tract in the T. Wilson Survey, Abstract No. 1352. The subject tract is located at the northeast corner of the intersection of Memorial Drive and Main Street, in the City of The Colony, Denton County, Texas. (2005-SP001) subject to two (2) stipulations, Commissioner Wade; second Commissioner Harrison. Motion carried 7-0. 5.0 PUBLIC HEARING 5.1 Hold a public hearing and make a recommendation regarding a Specific Use Permit under Section 10-900 of the Comprehensive Zoning Ordinance, to allow for the sale of beer, wine and liquor for on-premise consumption in a 4,034 square foot Melanie's Seafood and Grill Restaurant, located within the Shopping Center "SC" zoning district classification. The subject tract is situated at 4649 South Colony Boulevard, Suite 300, on the northwest corner of Main Street and South Colony Boulevard (2005-SUP002). I Chairman Mikulec opened the public hearing at 7:25 p.m. Ms. Odell gave her presentation regarding a Specific Use Permit under Section 10-900 of the Comprehensive Zoning Ordinance to allow for the sale of beer, wine and liquor for on-premise consumption in a 4,034 square foot Melanie's Seafood and Grill Restaurant located on the northwest comer of Main Street (FM423) and South Colony Boulevard. Fifteen (15) notices were mailed to the property owners within 200 feet of the subject tract. One response in favor has been received. Owner, Mr. Jose Valencia of6504 Autumn Trail, The Colony, Texas 75056 was present to answer questions. Commissioner Wade inquired as to the restaurant's hours of operation. I Mr. Valencia stated through the week 10:00 a.m. - 11:00 p.m. and on the weekend till 2:00 a.m. - 5 - Planning and Zoning Commission May 10, 2005 Commissioner Connelly feels the first two staff stipulations are redundant: 1. The sale of beer, wine, and liquor shall be incidental to the serving of food. 2. The City of The Colony shall have the right to require the holder of the TABC license or permit to provide gross receipts of the business in order to determine compliance with any license or permits held under state and/or local ordinances. He is requesting only stipulation number three and four be stated in the motion: 3. The City of The Colony shall revoke the Certificate of Occupancy and the Specific Use Permit "SUP" for non-compliance with applicable City Ordinances. 4. The City shall revoke the Certificate of Occupancy if the restaurant fails to post a current Food and Beverage Certificate as required by T ABC. Chairman Mikulec asked if anyone wanted to speak in favor of item 5.1. No one came forward. Chairman Mikulec then asked if anyone wanted to speak in opposition of item 5.1. No one came forward. Chairman Mikulec closed the public hearing at 7:39 p.m. Staff recommends approval. A motion to approve a recommendation regarding a Specific Use Permit under Section 10-900 of the Comprehensive Zoning Ordinance, to allow for the sale of beer, wine and liquor for on-premise consumption in a 4,034 square foot Melanie's Seafood and Grill Restaurant, located within the Shopping Center "SC" zoning district classification. The subject tract is situated at 4649 South Colony Boulevard, Suite 300, on the northwest corner of Main Street and South Colony Boulevard (2005-SUP002) subject to two (2) staff stipulations (number three (3) and four (4) above), Commissioner Connelly; second Commissioner Milsak. Motion carried 7-0. 5.2 Hold a public hearing and make a recommendation regarding a Specific Use Permit under Section 10-900 of the Comprehensive Zoning Ordinance, to allow for auto parts and accessory sales in a 7,574 square foot Firestone Tire Store, located within the Business Park "BP" zoning district classification. The subject tract is situated on the north side of State Highway 121 west of Paige Road and east of Blair Oaks Drive, in the City of The Colony, Denton County, Texas (2005-SUPOOl). - 6- Planning and Zoning Commission May 10, 2005 I Chairman Mikulec opened the public hearing at 7 :40 p.m. Ms. Odell presented the staff report regarding a Specific Use Permit under Section 10- 900 of the Comprehensive Zoning Ordinance, to allow for auto parts and accessory sales in a 7,574 square foot. Firestone Tire Store, located at the northeast comer of the intersection of Blair Oaks Drive and State Highway 121, immediately west of the existing Goody Goody Liquor. Three notices were mailed to the property owners within 200 feet of the subject tract. No responses were received. Mr. Jeremy Leong Yee ofCEI Engineering Assoc., Inc. and Mr. Steve Meier of Mays and Company, 5949 Sherry Lane, Suite 1570, Dallas, Texas 75225 were present to answer questions. Mr. Meier gave a short presentation. The Commissioners were concerned about hazardous materials storage and disposal. .~ 't Mr. Meier stated only a small amount of oil will be stored in a tank inside the facility. Used tires, batteries, trash, etc., will be placed in a dumpster and removed weekly. I Chairman Mikulec asked if any one wanted to speak in favor of item 5.2. No one came forward. Chairman Mikulec then asked if any one wanted to speak in opposition of item 5.2. No one came forward. Chairman Mikulec closed the public hearing at 7:44 p.m. Staff recommends approval with one (1) stipulation. A motion to approve a recommendation regarding a Specific Use Permit under Section 10-900 of the Comprehensive Zoning Ordinance, to allow for auto parts and accessory sales in a 7,574 square foot Firestone Tire Store, located within the Business Park "BP" zoning district classification. The subject tract is situated on the north side of State Highway 121 west of Paige Road and east of Blair Oaks Drive, in the City of The Colony, Denton County, Texas (2005-SUP001) with one (1) staff stipulation, Commissioner Connelly; second Commissioner Barrett. Motion carried 7-0. I Mr. Persaud reminded the Commissioners of the Planning and Zoning for Public Officials and Lawyers and Planning and Zoning 101 courses being offered by the - 7 - Planning and Zoning Commission May 10, 2005 Institute for Local Government Studies. He informed the Commissioners to let Sandy know if they are interested in attending. Mr. Persaud then thanked Chairman Kirk Mikulec for his past service on the Planning and Zoning Commissioner and wished him the best as a Councilman for the City of The Colony. With no further business, the meeting adjourned at 7:46 p.m. 7L- aar, Recording Secretary ~ ~,~ C . ~ec, Chairman - 8 -