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HomeMy WebLinkAbout02/24/09 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION FEBRUARY 24, 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 24, 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; Eddie McCormick; Debbie Morrison; Helene Parker David Terre; and Brian Wade. Commissioners Absent: None Staff Present: Donna Bateman; Development Services Director; Wes Morrison; City Planner; Kimberley Lafferty; City Attorney and Tracey Sherman; Administrative Assistant. 1.0 CALL REGULAR SESSION TO ORDER 1.1 Citizen Input No citizen input received. 2.0 PUBLIC HEARING 2.1 Conduct a public hearing, discuss and consider making a recommendation to City Council regarding an amendment to Planned Development 18 related to the definition of building height. The site is located on the south and north sides of Lebanon Road and west of FM 423. (Z09-0001, Tribute - Height Amendment) Wes Morrison presented the Planned Development 18 related to the definition of building height. Commissioner McCormick asked if the 40 foot height regulation was measured from street level or grade. Mr. Morrison stated either. Chairperson Hames asked if there was an architectural definition of stories. Ms. Bateman stated no, the City wanted a definition that could be easily enforced. There was no specific definition of stories given, just the area between the floor and the ceiling. Darlene Johnson of 7509 Glen Turrett asked if the height of the houses would change. Mr. Morrison stated this amendment does not change the height requirement. It was moved by Commissioner Terre, seconded by Commissioner McCormick and unanimously carried (7-0) to recommend approval of Z09-0001, as presented. 2.2 Conduct a public hearing, discuss and consider a recommendation to City Council regarding the annexation of 219 acres located north of Lebanon Road and Boyd Road. (A09-0001, Tribute - Middletom) Wes Morrison presented the annexation of 219 acres located north of Lebanon Road and Boyd Road. Mike Howard, of 7913 Strathmill asked if the acreage was different than the proposed zoning. Mr. Morrison stated yes, a portion of the zoning change is already located in the city. Planning and Zoning Commission February 24, 2009 Page 2 of 3 It was moved by Commissioner Morrison, seconded by Commissioner Wade and unanimously carried (7-0) to recommend approval of Z09-0001, as presented. 2.3 Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a zoning change from Agriculture and Single-Family districts to Planned Development District to allow for a mixed use development for residential, office, and retail uses. The site is approximately 365 acres located north of Lebanon Road and Boyd Road. (Z09-0002, Tribute West) Mr. Morrison presented the recommendation regarding the zoning change from Agriculture and Single-Family districts to a Planned Development District. Commissioner Hubbard stated in previous sessions he was under the impression that the Commission wanted to limit the amount of businesses such as Convenience stores and Gas Stations. Commissioner Hubbard asked if these businesses could be located anywhere they wanted in Tract 1. Mr. Morrison stated yes. Ms. Bateman informed the Commission this plan was adopted by Council with the Pre-annexation agreement and no changes can be made to this document without approval from the City Council. Jeff Solis, of 8229 Paisley asked if the main road leading into the Tribute would be removed, what other options the city would provide. Mr. Morrison stated this is just a bubble plan to see if this - would be a project the city would be interested in developing. Road issues would come at a later date. The applicant, Thomas Juhn, stated Boyd Road would probably not be there, however there will be other roads leading in and out of the area. Mr. Solis, asked if this project is already approved by the city, what recourse would the resident have if they were unhappy with the project. Ms. Bateman stated this is the only time a developer can come into the city and have the city agree to a project. Once the document has been approved neither party can change their minds. This document is part of the annexation project that was already approved. Ms. Bateman stated, State Law requires the city has to go through the public hearing process. Kimberley Lafferty, City Attorney, stated and there is no law stating that a developer has to come before the city. The area in question is located in the Extra-Territorial Jurisdiction. Mike Howard, 7913 Strathmill asked what the definition of mulit-family mid rise was. Mr. Morrison read the definition. Mr. Howard also asked what entry commercial was. Mr.Morrison stated it is the entry feature into the development. Ms. Bateman stated the tower leading into the tribute was a good example. Mr. Howard spoke in opposition of having apartments as well as an engine motor repair shop included in the schedule of uses. Steve Nutelson, of 3040 Mitchell Way spoke in opposition of having apartments and townhomes in the area. He felt these types of dwellings were considered a lower level income of homes. Mr. Morrison stated from a zoning and legal standpoint, townhomes are considered a single-family use. Planning and Zoning Commission February 24, 2009 Page 3 of 3 Resident, John Hawkins, spoke in opposition. He asked if Boyd Road goes away will Stonefield Boulevard become a major traffic street. Mr. Morrison stated he was not comfortable answering the question. That type of information will come with the platting process. Kathy Miller, of 8252 Paisley spoke in opposition of the project. Her main concern was with the economy in such a bad state now the developers will not adhere to the upscale environment. She also objects to having apartments located in the area. Ms. Bateman stated the advantage of the developers building within the city is they have to adhere to our building codes and would have inspections from our department. Ms. Johnson, spoke in opposition of having apartment complexes being built in the area. Mr. Hawkins asked why the Public Hearing signs were posted in certain locations. Mr. Morrison stated that signs must be posted on the subject property. It was moved by Commissioner Wade, seconded by Commissioner McCormick and unanimously carried (7-0) to recommend approval of Z09-0002, as presented. 3.0 WORK SESSION 3.1 Receive a report from staff regarding the proposed landscape ordinance to be incorporated in the final Development Code. (SI06-0021, Zoning Ordinance Re- write Wes Morrison requested Item 3.1 be tabled to the March 10, 2009 meeting due to the Landscaping architect not in attendance. The Commission agreed. Meeting adjourned at 7:30PM. Kar Harries, Chairperson Tracey Shenn n, Recording Secretary