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HomeMy WebLinkAbout02/10/09 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION FEBRUARY 10, 2009 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 February 10, 2009 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:Karen Hames; Chairperson; Deville Hubbard; David Terre; and Brian Wade. Commissioners Absent: Eddie McCormick; Debbie Morrison; and Helene Parker. Staff Present: Donna Bateman; Development Services Director; Wes Morrison; City Planner; Kimberley Lafferty; City Attorney ; Gordon Scruggs; Director of Engineering; and Tracey Sherman; Administrative Assistant. 1.0 CALL REGULAR SESSION TO ORDER 1.1 Citizen Input No citizen input received. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes from January 13, 2009 Regular Session. It was moved by Commissioner Terre, seconded by Commissioner Hubbard and unanimously carried (4-0) to approve the Consent Agenda. 3.0 PUBLIC HEARING Conduct a public hearing, discuss and consider making a recommendation to the City Council regarding a specific use permit to allow a Municipal Complex use within the 3.1 Single-Family zoning district on property located on the south side of North Colony Blvd, approximately 1,930 feet west of Paige Road, being approximately 24 acres. (SUP08-0007, North Colon Municipal Complex) Wes Morrison presented Items 3.1 and 4.1 and reminded the Commission that votes would be required separately. Commissioner Wade asked if the brick fagade on the building would stay the same. Mr. Morrison stated yes. Commissioner Wade asked about the landscaping. Mr. Morrison stated they are adding more trees then what is required by the ordinance but was short nine shrubs because of the TXU easement. Commissioner Wade asked whether it was trees or shrubs that TXU would not allow under the power lines. The applicant stated it would be both. TXU required all landscaping under the lines be modified. Planning and Zoning Commission February 10, 2009 Page 2 of 4 Resident, Edgar Owen, asked if this project would affect the street in any way. Gordon Scruggs, Director of Engineering, stated it would not affect North Colony Boulevard at all. Commissioner Hubbard asked if the parking lot would be concrete. Mr. Morrison stated yes. It was moved by Commissioner Wade, , seconded by Commissioner Terre and unanimously carried (4-0) to recommend approval of SUP08-007 as presented. 4.0 ITEMS FOR INDIVIDUAL CONSIDERATION 4.1 Discuss and consider making a recommendation to the City Council regarding a site plan for an expansion of a municipal complex for approximately 24 acres located on the south side of North Colony Blvd, approximately 1,930 feet west of Paige Road. (SP08- 0013, North Colony Municipal Complex) It was moved by Commissioner Hubbard, seconded by Commissioner Terre and unanimously carried (4-0) to recommend approval of SP08-0013, as presented. 5.1 Receive a report from staff regarding the proposed schedule of uses for the new development code and definitions for those uses. (SI06-0021, Zoning Ordinance Re- write) Mr. Morrison presented a report from staff regarding the proposed schedule of uses. Chairperson Haines asked if there was difference in the definition between office warehouse and office showroom. Mr. Morrison read the two definitions for the record. Ms. Bateman asked where body piercing and tattoos shops should be located in the schedule of uses. Staff and Commissioners discussed the use of body piercing and tattoos and possible zoning districts. Mr. Morrison pointed out that Garden and Nursery centers will have no limitations in regards to their location. Commissioner Hubbard stated they should not be allowed in neighborhood services. Ms. Bateman stated garden center and home improvement centers should be permitted in the same areas. The commissioners agreed. Mr. Morrison stated General Retail will be broken up into square footages in regards to their permitted use. Commissioner Wade asked why repair services for televisions and VCR's could not go into shopping centers. Mr. Morrison stated there was no reason why they can't. They could be allowed - in General Retail and Business Park districts. Commissioner Terre asked if the city could limit the amount of car washes coming into the city. Ms. Bateman stated if a car wash goes away it has to be gone for at least six months. If they are destroyed by fire or an act of God the business can request a permit within six months to rebuild. Planning and Zoning Commission February 10, 2009 Page 3 of 4 Mr. Morrison stated the uses for automotive and car shops have been tightened compared to current regulations. Wrecking yards will require and SUP in industrial districts and are not permitted by right in any other districts. Visitor accommodations such as Bed and Breakfast locations are allowed only in Agriculture and Single Family areas. Chairperson Harries asked if this was always permitted. Mr. Morrison stated our current ordinance did not address Bed and Breakfast. During discussion, City Attorney, Kimberley Lafferty, stated she would do more research on prohibiting such businesses. Hotels and Motels are proposed to be in the same category. Commissioner Terre stated there is a dramatic crime difference between the two. The Commission directed staff to divide the uses. Commissioner Terre stated motels should require and SUP. Commissioner Hubbard stated heavy restrictions should be placed on motels. Commissioner Hubbard had a concern with having mini warehouses permitted in General Retail. Mr. Morrison stated we already have a mini storage facility located in this area. Commissioner Hubbard stated he would like to see them needing and SUP or not permitted at all. Chairperson Harries stated not permitted at all. Commissioner Hubbard asked if the storage yard definition included recycling facilities. Mr. Morrison read the definition and stated yes. A warehouse would have heavy traffic and noise. They are permitted by right in heavy commercial. Mr. Morrison asked if the Commissioners would like to have the definition reworded and revisited at a later date. The Commissioners stated yes. Commissioner Wade asked about transit facilities. Mr. Morrison created a separate section. There would be two more uses that could possibly be added for park/and or ride train stations and bus stops. Chairperson Harries asked if we would eventually go through all of the definitions. Mr. Morrison stated yes. Chairperson Harries stated we should address Christy Martin's concerns with the definition of a family. Ms. Lafferty stated she did research and found that the definition of a family includes the nuclear family, extended family or anyone with blood relation. It would also include those you are renting a room to. Ms. Bateman asked if the city has the authority to limit every home based on a square footage per persons or persons per bedroom. Ms. Lafferty stated you must be very careful. Chairperson Hames asked who one makes a complaint to in regards to these issues. Ms. Bateman stated we have to walk a thin line and get with legal to make sure we don't impose on the resident's rights. Chairperson Hames asked if this could also become a health and safety issue. Ms. Bateman stated yes. Chairperson Harries asked about the parking issues with so many people living at one residence. Mr. Morrison stated the commission could address those issues when we review the parking ordinance. Meeting adjourned at 8:1OPM. Planning and Zoning Commission February 10, 2009 Page 4 of 4 Ka n Hames, Chairperson Tracey She an, Recording Secretary