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HomeMy WebLinkAbout09/15/09 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION SEPTEMBER 15, 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 September 15, 2009 at 6:00 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; Deville Hubbard; Eddie McCormick; Debbie Morrison; Helene Parker; David Terre; and Brian Wade. Staff Present: Ron Hartline; Senior Engineer, Kimberly Lafferty; Attorney, Wes Morrison, City Planner; Tracey Sherman, Administrative Assistant. 1.0 CALL REGULAR SESSION TO ORDER Chairperson Hames called the meeting to order at 6:00 pm. 1.1 Citizen Input No citizen input. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the August 25, 2009 Regular Session. It was moved by Commissioner Morrison to approve Item 2. 1, seconded by Commissioner Wade and unanimously carried (7-0). 2.2 Consider approval of a final plat for Lot 4A Block 1 of the Murchison Addition being a replat Lot 4 of Murchison Addition and Tract 1 of The Colony No 33. The property is 0.48 acres located at the northwest corner of South Colony Blvd and Westport Drive. (FP09-0003, Murchison Addition) It was moved by Commissioner Terre to approve Item 2.2, seconded by Commissioner Wade and unanimously carried (7-0). 3.0 PUBLIC HEARINGS 3.1 Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding an amendment to Planned Development - 22 regarding the schedule of permitted uses. The property is located south of SH 121, east and west of Plano Parkway and is commonly known as Austin Ranch. (Z09-0008, Austin Ranch PD) Mr. Morrison presented the staff report. Planning and Zoning Commission September 15, 2009 Page 2 of 3 Commissioner Hubbard asked if the veterinary facilities would be subject to the same requirements that were previously mandated for the other veterinary facilities in the city. Mr. Morrison stated yes they would still have to meet the building code requirements of the city. Chairperson Hames asked where in Austin Ranch the mixed use would be located. Mr. Morrison stated along the main corridor of Windhaven Blvd and Plano Parkway and portions of Saintsbury Drive. Commissioner Hubbard made a motion to approve item 3.1 seconded by Commissioner Morrison and unanimously carried (7-0). 3.2 Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding an amendment to Section IOB - Regulations and Design Guidelines for Accessory Structures regarding the use of accessory structures regardless the zoning district for municipal properties only. (SI09-0014, Accessory Structures Amendment) Mr. Morrison presented the staff report. Commissioner Hubbard asked if the proposed new amendment would allow the city manager to approve the structure and what type of building material would be used. Mr. Morrison stated yes. Commissioner Hubbard asked could the structures actually look like the ones on display at a Home Depot or a similar retail center. Mr. Morrison stated yes. This amendment would allow any municipal complex to have any type of storage building, based on the City Manager's approval. Chairperson Hames asked if the commissioners did not approve Item 3.2 what would happen to the existing storage buildings. Mr.Morrison stated they would still exist and be non conforming. Commissioner Hubbard asked if there were any references in how other cities handled these types of situations. Mr. Morrison stated no. Commissioner McCormick asked if there were any responses from the public notices. Mr. Morrison stated staff only put notices in the newspaper and there were no responses. Chairperson Hames asked why the City departments do not go through the same process as the residents. Mr. Morrison stated cities are exempt from their own rules and regulations. It is hard for cities to take enforcement actions on themselves. Mr. Morrison continued saying the City Manager's office directs all departments to follow the appropriate regulations, however, some departments still fail to do so. These buildings were erected when regulations were not as stringent. Commissioner Parker stated there should be parameters in place to allow requests to come back to the commission for approval. The decision should not be left up to the city manager's discretion. Commissioner Morrison asked if the city had any plans to improve the screening of the structure located by BB Owens elementary school. Mr. Morrison stated staff is working with the departments to rectify the situation. Commissioner Morrison stated the city and the residence should be held to the same set of standards. Planning and Zoning Commission September 15, 2009 Page 3 of 3 Chairperson Hames asked if there was anything in writing stating the City does not have to follow its own rules. Kimberly Lafferty stated there is not. Further, a city generally enforces its regulations by requiring payment of a fine for violations. Since the City receives the money for the fines, it would be nonsensical for the City to issue a charge for its own violation. The proposed amendment basically provides the code enforcement officers with a mechanism to take complaints to the City Manager, and provides a process for which the City Manager can follow through. Chairperson Hames asked if there was a reason the existing structures cannot or will not comply. Mr. Morrison stated some of the existing structures can not comply because the current accessory structure would not consider these buildings storage buildings. Commissioner Parker stated the Commission would like to evaluate the requests on a case by case basis. Commissioner McCormick stated adding a special exceptions request the Commission can regulate what is being built otherwise free reign is given to the city to build anything. It was moved by Commissioner Terre to table Item 3.2 to allow staff time to consider adding a special exception requirement seconded by Commissioner McCormick. Mr. Morrison asked the Commissioners to please set a date for Item 3.2 to be brought back before them. The previous motion was amended to include October 13, 2009 as the date for the Item to be brought back. Commissioner McCormick accepted the amendment and the motion unanimously carried (7-0). Meeting adjourned at 6:45 p m. Ka en Hames, Chairperson Tracey Sherma , Recording Secretary