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HomeMy WebLinkAbout08/08/06 P&Z MINUTES PLANNING AND ZONING COMMISSION MEETING HELD AUGUST 8, 2006 I After determining that a quorum was present, the Planning and Zoning Commission of the City of The Colony, Texas convened into a work session which was held on August 8, 2006 at 6:30 p.m. in the City Council Chambers located in City Hall, 6800 Main Street, The Colony, Texas, at which time the following items were addressed: Commissioners Present: Brian Wade, Mike Barrett, Marlene Milsak,. Deville Hubbard, Debbie Morrison, Karen Hames, And Fernando Villareal I W1.0 I CALL WORK SESSION TO ORDER I W2.0 1 WORK SESSION W2.1 Receive a report and hold a discussion on consent agenda items 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 August 8, 2006 at 6:30 p.m. in the City Council Chambers located in City Hall, 6800 Main Street, The Colony, Texas, at which time the following items were addressed: I 1.0 CALL REGULAR SESSION TO ORDER Called to order at 6:30 p.m. 12.0 I DISPOSITION OF MINUTES 2.1 Consider approval of the minutes of the July 25,2006 Regular Session. Commissioner Milsak motioned to approve the minutes. Seconded by Commissioner Barrett. Motion carried 4-0, Commissioner Morrison, Commissioner Hames, and Commissioner Villarreal abstained 13.0 3.1 1 CONSENT AGENDA 1 Consider approval of a Preliminary Plat for Lots 1, 2, and 3 Texas Roadhouse Addition. The 13.43-acre tract is located at the souththeast comer of Memorial Drive and Market Street (PP06-0010, Texas Roadhouse Preliminary Plat). 3.2 Consider approval of a Final Plat for Lot 1, Block A, Texas Roadhouse Addition. The 2.6125-acre tract is located at the northeast comer of State Highway 121 and Market Street (FP06-0005, Texas Roadhouse Final Plat). I Commissioner Hames motioned to approve the consent agenda. Seconded by Commissioner Hubbard. Motion carried 7-0 Planning and Zoning Commission August 8, 2006 I I 4.0 4.1 1 ITEMS FOR CONSIDERATION I Discuss and consider making a recommendation to the City Council on a site plan for the North Colony Fire Station. The 2.754-acre tract is located on the south side of North Colony approximately 500 feet west of Main Street (SP06- 0008, Central Fire Station Site Plan). Ms. Odell presented a staff report regarding making a recommendation to the City Council on a site plan for the North Colony Fire Station. The 2.754-acre tract is located on the south side of North Colony approximately 500 feet west of Main Street. Commissioner Barrett asked what the lot behind the station would be used for. Chief Nolen stated that it would possibly be used for training props. Commissioner Barrett asked if this fire station would get us closer to be in compliance with NFPA 17-10. Chief Nolen stated this station will get us very close to being in compliance and once it is fully staffed this will help us meet the staffing requirements. I Commissioner Hames asked if the percentages of brick verses stucco meets the proposed requirements for future development. Ms. Odell stated that they have met the current requirements. Commissioner Hames asked if P&Z can request them to meet the future requirements. Chief Nolen stated that it would require more funding to meet the future requirements. Ms. Bateman stated that the building is facing N Colony and not Main Street and our primary concerns would be with the buildings facing Main Street. Commissioner Hubbard asked what color the metal roof would be. Chief Nolen stated brown. Commissioner Barrett asked if the Fire Department deems it necessary to have a controlled traffic light in front of the station what budget would that come out of. I Gordon Scruggs, Director of Engineering, stated that it would come out of the general fund. Commissioner Barrett motioned to recommend approval of SP06-0008. Seconded by Commissioner Wade. Motion carried 7-0. Planning and Zoning Commission August 8, 2006 I 4.2 I I 5.0 5.1 I Discuss and consider making a recommendation to the City Council on a site plan for Starbucks Coffee. The 0.28-acre site is located at the northwest corner of State Highway 121 and Main Street, south of the existing Chick-Fil-A restaurant (SP06-0009, Starbucks Site Plan). Ms Odell presented a staff report regarding making a recommendation to the City Council on a site plan for Starbucks Coffee. The 0.28-acre site is located at the northwest corner of State Highway 121 and Main Street, south ofthe existing Chick-Fil-A restaurant. Commissioner Wade asked if the thoroughfare would prohibit the people from turning East. Ms. Odell stated that traffic would loop around Chick-fil-A. Commissioner Wade asked if staff had talked to the applicant about any additional landscaping in the front of the building. Ryan, Kimley Horn and Associates, stated that they would be more than willing to explore other landscape options Commissioner Morrison stated that she is concerned with the traffic in that area and asked if there was anything that the City could do to curve some of that traffi c. Gordon Scruggs stated that since this area is already existing there really is not anything that can be done. TxDOT will probably address some of this during the widening ofFM 423. Commissioner Hubbard motioned to recommend approval of SP06-0009. Seconded by Commissioner Milsak. Motion carried 7-0. I PUBLIC HEARING I Conduct a public hearing, discuss and consider making a recommendation to the City Council on a Specific Use Permit for a restaurant with beer, wine and/or alcohol sales. The proposed restaurant is located in Austin Square at the southwest corner of Windhaven and Saintsbury Drive West (SUP06-0003, Zen Specific Use Permit). Ms. Odell presented a staff report regarding making a recommendation to the City Council on a Specific Use Permit for a restaurant with beer, wine and/or alcohol sales. The proposed restaurant is located in Austin Square at the southwest corner of Windhaven and Saintsbury Drive West. No one present to speak in opposition or in favor of this item. Public hearing closed. Commissioner Hubbard motioned to recommend approval of SUP06-0003. Seconded by Commissioner Barrett. Motion carried 7-0. Planning and Zoning Commission August 8, 2006 I 5.2 5.3 I I Conduct a public hearing, discuss and consider making a recommendation to the City Council on a Specific Use Permit for Texas Roadhouse. The 2.6125-acre tract is located at the northeast comer of State Highway 121 and Market Street (SUP06-0001, Texas Roadhouse Specific Use Permit). Ms Odell presented a staff report regarding making a recommendation to the City Council on a Specific Use Permit for Texas Roadhouse. The 2.6125-acre tract is located at the northeast comer of State Highway 121 and Market Street. Kerry, Greenberg-Farrow, 3455 Salt Creek Ln #100, Arlington Heights, IL. petitioner, stated that she is available for any questions the Commission might have. No one present to speak in opposition or in favor of this item. Public hearing closed. Commissioner Hames motioned to recommend approval of SUP06-0001. Seconded by Commissioner Milsak. Motion carried 7-0. Conduct a public hearing, discuss and consider making a recommendation to the City Council on the annexation and zoning of the Water's Edge Subdivision located in the northwest portion of the City (A06-0002, Water's Edge Annexation). Ms Odell presented a staff report regarding consider making a recommendation to the City Council on the annexation and zoning of the Water's Edge Subdivision located in the northwest portion of the City. Commissioner Hubbard asked if line item 6 of the Fire Service Analysis was correct by stating that it was going to take $3.3 million dollars to service this area. Ms. Bateman stated that this includes construction and staffing of the N Colony fire station. Not specifically this location. Commissioner Hubbard stated that when this was constructed the road in the development was constructed as a private drive. Will it remain private and not become the responsibility of the City? David Dodd, City Attorney, stated that it will remain private as long as it remains gated. Paul Gorske, 7265 Water's Edge, current HOA President, asked for clarification of the annexation and zoning. Ms. Bateman stated that the City is proposing the annexation according to Chapter 43 of the Local Government Code. Unlike other zoning projects, annexations have to follow an actual process. Paul Gorske asked if this committee has any bearing on whether or not this annexation takes place. Planning and Zoning Commission August 8, 2006 I Ms. Bateman stated yes. The Planning and Zoning Commission will make a recommendation to City Council. This just one step in the annexation process. Paul Gorske stated that the HOA is against the annexation. The annexation came as a great surprise to the home owners. We were under the assumption that we would not be annexed until we were almost built out. This assumption is from a letter from Laney Lambert, City Manager, dated June 28, 2000. Currently the land value has gone down considerably and we are concerned with building size allowed by the zoning regulations. David Dodd stated that the deed restriction would over ride the zoning regulation. The most restrictive one would count. Paul Gorske stated that the home owners are concerned with the City taking down the gates and controlling the road. David Dodd stated that the gates will not come down unless the development takes them down and dedicates the road to the City of The Colony. Judy Ensweiler, 7205 Waters Edge, stated that in 1999 an annexation plan was put into place and Waters Edge was taken out. Developers stated that they would not buy unless it was in an unincorporated area. There is no other unincorporated area in the City that has come up for annexation. Our property value has gone down recently and we are completely opposed to this annexation. Craig Jansen, 7261 Waters Edge, read a letter from Keller Williams. The letter was distributed to the Commission. Mary McGowan, 2514 Downing Drive, Piano Drive, stated that she is in the process of constructing a house at Waters Edge and is in opposition of the annexation. I I Kathy Osgood, 2314 Arberdeen Bend, Carrollton, stated that she currently owns lots 9 & 10, and is in opposition of the annexation. Kirk Osgood, 2314 Arberdeen Bend, Carrollton, stated that he is in opposition of the annexation. Abdol Hamid Povemmoissm, requested not to speak but would like his position in opposition noted. No one else came forth to speak in favor or opposition. Public hearing closed. Commissioner Hubbard asked staff to describe items 1 & 2 in detail. Ms. Bateman stated that item 1 would require us to maintain the current annexation schedule and item 2 would allow us to make changes or amend the service plan. Commissioner Hubbard asked if the service analysis would impact anything if the annexation did not go through. Ms. Bateman stated that if the annexation is approved the service analysis is binding and may affect a future budget as far as repairs, services, etc. If the annexation is denied then the service analysis is not binding. Planning and Zoning Commission August 8, 2006 I Commissioner Wade asked if the Laney Lambert letter is binding. David Dodd stated that the letter does not have any legal binding. A City Manager does not have any authority to bind the City. Commissioner Wade asked who started the annexation. David Dodd stated that it doesn't appear to be started as a voluntary annexation. Ms. Bateman stated that this was some of the property in the City taken to City Council in a closed session and staff was asked to move forward with annexation. This is an involuntary annexation. No property owner petitioned this request. Commissioner Hames asked when Waters Edge was originally established. Judy, stated platting started in 1996. Commissioner Hames asked when were the home owners notified. Ms. Odell stated that the City followed notification procedures required by state law. Commissioner Hames asked what is the advantage to the homeowners to wait. Commissioner Hubbard stated that he heard it was property value. Commissioner Morrison asked for the City's plan for the mobile home area. Ms. Odell stated that the City can not prohibit the mobile home area because of the fair living standards. Commissioner Morrison asked if there has been any new activity. Ms. Odell stated that they are all existing and there can not be any new ones or new activity. Commissioner Hubbard motioned to recommend denial of A06-0001. Seconded by Commissioner Hames. Motion carried 7-0. 5.4 Conduct a public hearing, discuss and provide guidance to staff regarding design guidelines for the Gateway Overlay District (8106-0030, Gateway Overlay Design Guidelines). Ms Bateman presented a staff report regarding discussing and providing guidance to staff regarding design guidelines for the Gateway Overlay District. I 16.0 I DIRECTOR'S REPORT I Meeting adjonmed at 9:00 ?-.. _ (~~~W - ~ 'nnan the Planning and Zoning Commission '-~ ecording secretary