HomeMy WebLinkAbout06/12/07 P&Z
MINUTES
CITY OF THE COLONY
PLANNING AND ZONING COMMISSION
June 12, 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 June 12, 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; Carl McMurphy, Fire Marshal and Pat Dominguez, Secretary
11.0 I CALL REGULAR SESSION TO ORDER
Chairman Wade called the meeting to order at 6:34 p.m.
2.0 CONSENT AGENDA
2.1 Consider a roval ofthe minutes ofthe Ma 8, 2007 Re lar Session.
2.2 Consider a roval of the minutes of the Ma 22, 2007 Re lar Session.
Commissioner Villarreal requested that more detail be provided in both sets of minutes to
accurately reflect the discussion during the public hearings.
It was moved by Commissioner Villarreal to table Items 2.1 and 2.2 until the next meeting.
It was seconded by Commissioner Hubbard and carried (5-0). Commissioners Milsak and
Morrison abstained.
2.3 Consider approval ofthe final plat for Lot 1, Block A, of Holy Cross Catholic Church
Addition being 10.472 acres out of the R.P. Hardin Survey, Abstract No. 611 located at
the southeast comer of North Colony Blvd and Morning Star. (FP07-0010, Holy Cross
Catholic Church)
Commissioner Villarreal requested clarification of the requirement for and the width of the Hike -:.
and Bike Trail on Morning Star. Wes Morrison stated that City Council adopted a Master Trail
Plan which is administered by the Parks and Recreation Department. The Trail Plan requires all
platted property provide a 10 foot easement for areas designated with a hikelbike trail.
Commission Villarreal stated that the arrow pointing to the trail easement should point to the
easement line not the center of the easement, Chairman Wade agreed.
Commissioner Villarreal moved to approve item 2.3 with the condition that the arrow
identifying the easement point to the easement line instead of the center of the easement. It
was seconded by Commissioner Barrett and unanimously carried (7-0).
Planning and Zoning Commission
June 12, 2007
Page 2 of5
3.0 ITEMS FOR CONSIDERATION
3.1 Discuss and consider making a recommendation to the City Council granting an
extension for a temporary building on Lot 1, Block A, of the First United Methodist
Church Addition being 4.1 acres located at the northwest comer of Paige Drive and
Avery Lane. (SP07-0006, First United Methodist Church)
Wes Morrison presented the staff report to the Commission, giving a brief history of the case
and informing the Commission of the Church's future plans. No representative from the First
United Methodist Church was in attendance.
Commissioner Morrison moved to approve, as requested. It was seconded by
Commissioner Milsak and carried (6-0, Commissioner Hames abstained).
3.2
Discuss and consider making a recommendation to the City Council regarding a site
plan for Lot 3, Block A, of the South Colony Retail Center being 0.87 acres located on
the east side of FM 423, approximately 500 feet south of South Colony Blvd. A self
serve car wash is ro osed. (SP07-0005, Ex ress Car Wash)
Wes Morrison presented the staff report to the Commission, explaining the use was permitted by
right and provided detail as to how the applicant designed the site to accommodate the widening
of Main Street.
Commissioner Villarreal inquired about the open space located at the rear of the lot and voiced
concern about fire not being able to access the rear of the lot. Carl McMurphy, Fire Marshal,
stated the Fire Department approved the site plan due to the size of the building and the nature of
the business.
Commissioner Hubbard asked if this was a self serve establishment or would it be manned daily.
Mr. Morrison stated this would be a self serve establishment with the vacuums located on the
rear of the property. Co:t;:ey Caughron, of Dunaway and Associates, representing the applicant
described the nature of the business in more detail. Commissioner Morrison asked if this would
be operating 24 hours a day. Mr. Caughron stated the vacuums are not as noisy as typical
vacuum systems. Commissioner Morrison expressed concern for the residential dwellings to the
east of the property.
Commissioner Hubbard asked if the applicant had provided a colored rendering of the building.
Mr. Morrison stated the City had not seen a colored rendering at this time however the Gateway
Overlay Regulations required that all colors be neutral and earth tone colors. Mr. Caughron
stated that his client has not discussed colors at this time.
Commissioner Hubbard moved to approve, seconded by Commissioner Hames. Motion
carried (6-1). Commissioner Barrett opposed.
Planning and Zoning Commission
June 12,2007
Page 3 of5
3.3
Discuss and consider making a recommendation to the City Council regarding a site
plan for Lot 1, Block A, of the Paige Road Elementary School Addition being 10.0
acres. The property is commonly located east of Paige Road approximately 2300 feet
north of South Colony Blvd, commonly known as 6350 Paige Road. The purpose of
the site plan is to allow five (5) portable buildings on the property. (SP07-0007,
Morningside Elementary School)
Donna Bateman requested Item 3.3 be tabled until the June 26th meeting to allow the City and
the School District time to meet and address any outstanding issues.
Several residents voiced concern about tabling this item and asked for clarification on what the
City was requiring from the school district. Chairman Wade asked The Director of Engineering,
Gordon Scruggs to give a brief review of the issue at hand for the members of the audience. Mr.
Scruggs provided a brief overview. Ms. Bateman stated that anyone needing more information
about this case can contact her directly.
Commissioner Hubbard moved to table, seconded by Commissioner Milsak. Motion
carried (7-0).
14.0 I PUBLIC HEARING
Pursuant to the Texas Open Meetings Act, Chapter 551, Chairman Wade requested to
adjourn into an Executive Session at 7:15 pm. The meeting reconvened at 7:35 pm.
Chairman Wade opened the public hearing.
4.1
Hold a public hearing, discuss, and consider making a recommendation to the City
Council regarding an amended specific use permit to allow outdoor storage at an
existing home improvement store. The 13.38 acre site is located on the north side of
SH 121 east of Paige Road, and south of Memorial Drive. (SUP07-0002, Home Depot)
Wes Morrison presented the staff report to the Commission, providing a brief history of the site
and the request. Mr. Morrison explained the purpose of the conditions recommended by the
Development Review Committee included the removal of the water storage tanks and the
placement of "no parking signs" for the tractor trailers.
No one was present to speak in favor or opposition of the request.
Commissioner Barrett asked if there would be any hazardous materials stored onsite. Mr.
Morrison stated the most hazardous material would be propane which is currently stored on site.
Planning and Zoning Commission
June 12, 2007
Page 4 of 5
Angel Robinson, of Greenberg Farrow, representing Home Depot, stated that city staff and
Home Depot had worked closely with each other to address all issues on the site and that they
were already working on getting the water tanks removed by the October 30, 2007 deadline.
Commissioner Villarreal wanted clarification on the terminology of "Tractor Trailer" for the no
parking sign. Fire Marshal, Carl McMurphy, stated that "tractor trailers" are defined by the
Department of Transportation rules and regulations and the code could be enforced by the Police
Department.
Commissioner Hames moved to approve with the conditions as recommended by the
Development Review Committee. It was seconded by Commissioner Barrett, and
unanimously carried (7-0).
4.2
Hold a public hearing, discuss, and consider making a recommendation to the City
Council regarding an amendment to the Concept Plan for Planned Development - 16
(PD-16) regarding allowing an extended stay hotel use. The subject property is
approximately 4.09 acres of land located north of SH 121 and west of Morning Star
Road. (Z07-0004, Value Place - PD Amendment)
Wes Morrison presented the staff report to the Commission and explained the request was only
to allow extended stay hotels. If the use is approved the applicant would then come back to
request approval of the detailed site plan. Mr. Morrison also explained that the applicant had not
requested any deviations from the Zoning Ordinance or the Gateway Overlay Regulations.
Dave Kochkach of Kimley Horn, representing the applicant, addressed the Commission and
reaffirmed that this request was for the use only and that they would come back before the
Commission and Council to request approval of the detailed site plan.
Chairman Wade opened the floor to allow people to speak in favor or in opposition to the
request.
~
Damien Salmon, of Jackson-Shaw addressed the Commission and presented concerns to this
type of development and user being located at this location. Mr. Salmon urged the Commission
to determine whether this was the best and highest use for this property.
Ted Carter, addressed the Commission and presented concerns with the type of franchise and
urged the Commission to look at the company's own website.
Dave Higanbotham addressed the Commission and presented concerns with the use and stated
that a higher quality of development should be located at this location.
Melissa Shaw requested that the Commission deny the request.
Allison Maharks voiced concerns about crime and property values in the area.
Planning and Zoning Commission
June l2, 2007
Page 5 of5
Chairman Wade stated that the Commission had received numerous emails from residents within
The Colony requesting the case be denied. Chairman Wade read the names of those into the
record, as follows:
Victor Toledo
Lisa Carter
Allison Mihavics
Jerry Walker
Jeff Scroggin
Phuc Huynh
Lisa & Andy Leary
April Peak
Sheniqua Bisor
Anu Rao
Charlie Jendresch
Roger Morehouse
Christie Werts
Shelly Salinas
Tricia Jackson
Ginny McCormick
JoOOita Salerno
Joe Wickline
Kevin Greene
John Daugherty
Ken Heap
Dave Hicinbothem
Symbol Moser
Chad Tipps
Dale Bryant of Value Place Texas, addressed the Commission and provided an overview of the
operation including their security provisions, background checks, and listed several policies that
are in place to maintain a safe environment at all Value Place establishments.
Commissioner Barrett asked staff the distance between the proposed location and site of the new
Marriott hotels. Mr. Morrison stated approximately a half a mile.
Commissioner Hubbard moved to recommend denial of item 4.2. It was seconded by
Commissioner Milsak. Motion carried (6-0) Commissioner Villarreal abstained.
I 5.0 I DIRECTOR'S REPORT
Donna Bateman provided an update on the Sign Ordinance and added that it will go to
City Council on June 18th. In addition the Commission was briefed on upcoming agenda
items.
Chairman Wade adjourned the meeting at 8:45 pm.
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