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HomeMy WebLinkAbout05/22/07 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION May 22, 2007 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 May 22, 2007 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: Present: All Commissioners were present Present from Staff: Donna Bateman, Director; Wes Morrison, City Planner; David Dodd, City Attorney; and Pat Dominguez, Secretary 11.0 I CALL REGULAR SESSION TO ORDER Chairman Wade called the meeting to order at 6:30 p.m. 2.0 PUBLIC HEARING 2.1 Conduct a public hearing, discuss and consider making a recommendation to the City Council regarding an amendment to Ordinance 99-1129 relating to Planned Development 16 to allow an age restricted senior apartment housing development on approximately 5.38 acres located in Tract D north ofSH 121 and west of Morningstar Drive. (Z07-0003, Evergreen) Wes Morrison presented the staff report and recommended approval of the request. Commissioner Hames questioned the verbiage on the definition for age restricted usage that states "may include and may not include." Mr. Morrison stated that the intent of the language was to allow some flexibility in the uses associated with age- restricted housing. Commissioner Hames questioned the basis of starting the age at 55 for tenants to reside on the property. Applicant, Tony Sisk clarified that 55 is the recognized age as determined by federal law. -- Commissioner Barrett asked if a resident has custody of a minor child, will they need to leave. Tony Sisk answered yes, minors are not allowed on community property. Commissioner Villarreal questioned the number of residents in The Colony which would reside on the property and asked if any research was completed to verify how many city residents would use the facility. Tony Sisk stated that based on other properties that have been built, 60% of the seniors would come from a 5 mile radius and 40% would come to live near children and grandchildren that are within 3 to 5 miles of the property. Commissioner Barrett stated he was concerned that if a resident has custody of a child they would have to leave their home. He felt it would be unfair to the tenant. Attorney, David Dodd clarified that this is a lease agreement between the tenant and landlord. Planning and Zoning Commission May 22, 2007 Page 2 of2 Commissioner Morrison questioned if additional vehicles such as RV's and golf carts would be permitted or if there would be additional parking on the property for them. Tony Sisk answered that 70% of the residents have cars and very few have two cars. Covered parking spaces and garages will be available and also full storage units are available. Donna Bateman reported that motor homes, boats and other recreational vehicles would not be permitted on the property unless specifically permitted within the planned development ordinance. The Commission went into an Executive Session at 7:11 pm. The meeting reconvened at 7:23 pm. Several Commissioners voiced concern regarding the City's ability to enforce the age restriction on the property. David Dodd, City Attorney, stated that age restrictions are typically placed in deed restrictions which cities do not enforce. Tony Sisk, applicant, stated they would be willing to provide more information on age restricted zoning cases in other cities if the Planning and Zoning Commission would table this request until the next meeting. Commissioner Villarreal moved to re-open the public hearing. It was seconded by Commissioner Hames and carried (5-1, Wade opposed and Milsak abstained). It was moved by Commissioner Villarreal and seconded by Commissioner Hames to table consideration of this item until the June 12th meeting. The motion carried (5-2, Milsak and Wade opposed). 3.0 WORKSESSION 3.1 Conduct annual trainin~ for Commission members. Donna Bateman, Development Service Director, reported the Commission would be moving to the City Manager's Conference Room to watch a training video. This additional training will be in the form of six videos, to be viewed at separate times. All Commissioners attendee! except Commissioner Barrett. -:; /4.0 I DIRECTOR'S REPORT Chairman Wade adjourned the meeting at 8:40 pm.