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HomeMy WebLinkAbout02/23/2010 P&ZMINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION FEBRUARY 23, 2010 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 23, 2010 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: Board Members Present: Karen Haines, Chairperson; Deville Hubbard; Eddie McCormick; Debbie Morrison; David Terre; Helene Parker and Brian Wade. Board Member Absent: Unknown Staff Present: J. Michael Joyce, Development Services Director; Wes Morrison, City Planner; Gordon Scruggs, Director of Engineering; and Tracey Sherman, Administrative Assistant. (Due to a recording malfunction, verbatim minutes for portions of the meeting are unavailable.) 1.0 CALL REGULAR SESSION TO ORDER Chairperson Hames called the meeting to order. (Due to a recording malfunction, verbatim minutes are unavailable.) 1.1 Citizen Input Unknown. No public input forms submitted other than for specific agenda items. (Due to a recording malfunction, verbatim minutes are unavailable.) 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the January 26, 2010 Regular Session. Item 2.1 approved by the Commission. (Due to a recording malfunction, verbatim minutes are unavailable.) 3.0 PUBLIC HEARINGS 3.1 Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a Specific Use Permit for the Animal Health Center located at 4900 Main Street. (SUPI0-0001, Animal Health Center) Mr. Joyce presented the staff report via PowerPoint. Robert Smith, Steven Homeyer, and Chris Durham provided public comments. (Due to a recording malfunction, verbatim minutes are unavailable.) Item 3.1 approved by the Commission. Planning and Zoning Commission February 23, 2010 Page 2 of 5 1 3.2 Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a Site Plan for the Animal Health Center located at 4900 Main Street. (SPI0-0001, Animal Health Center) Mr. Joyce presented the staff report via PowerPoint. Chris Durham provided public comments. (Due to a recording malfunction, verbatim minutes are unavailable.) Item 3.2 approved by the Commission. 3.3 Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding an amendment to ordinance # 09-1802 to add and include approximately 0.449 acres by rezoning the subject property from Neighborhood Services (NS) to General Retail (GR). The property is located approximately 615 feet east of the intersection at South Colony Boulevard and Paige Road. (Z09-0013,Tanya and Danny's Sno Cone Rezone) Mr. Joyce presented the staff report. Commissioner Wade asked if there is intent to keep the existing vegetation to help with landscaping. Mr. Joyce responded that the landscape code requires us to retain existing trees that are not considered noxious and the existing trees would be retained in their buffering plan as long as they were allowed within the landscape ordinance. Mr. Joyce continued in stating that the narrowness of the property will in turn limit the type of uses. Commissioner Wade asked if the alley would continue or if there would be a proposed fire lane. Mr. Joyce responded that the question could not be answered until we get an actual plan submitted for the property to know what will be constructed. He continued that the most important items the city considers are health, safety, and impacts to adjacent properties. Mr. Joyce advised that he didn't see a problem with the property being rezoned as General Retail since there are already impacts from the shopping center to the south to the adjacent properties. Commissioner McCormick questioned about the eighth public hearing notice that was sent out and asked if the address was within 200 feet of the property in question. Mr. Joyce responded that it should be due to the fact that we only send notices out to property owners within 200 feet. Commissioner McCormick stated that it appears as though the HOA sent out additional letters and that is why he was asking about the address to verify that it was within the 200 foot area. Commissioner Parker asked if when there previously was a snow cone stand in that area, if there any police reports of vandalism or people were milling about. Planning and Zoning Commission February 23, 2010 Page 3 of 5 Mr. Joyce responded that he is not aware of any. Chairperson Hames opened the Public Hearing. Miguel Moreno came forward in favor. Mr. Moreno advised that he is the owner of the property. He stated that he is trying to get it rezoned after trying to get a permit to open a snow cone stand and was denied due to zoning. He continued that no complaints were ever received in reference to the snow cone stand. He opened himself to questions. Chairperson Harries asked if the facility that he is planning on putting up would be permanent. Mr. Moreno responded yes, due to an ordinance that was passed that eventually stopped him from doing business out of the temporary snow cone stand. He continued by saying that due to the ordinance, he purchased the property with the intent of building something to re-open his business. Commissioner Terre asked if the business would be open 12 months a year or seasonally. Mr. Moreno responded that the business would be seasonally. Commissioner Parker asked if the business would be closed during the rest of the year or if it would be used for something else. Mr. Moreno responded that it would be closed. Terry Walker came forward in opposition. Ms. Walker asked what will be done with the sewage being that there is no access to sewage and how. Mr. Joyce responded that sewer would have to be extended to the property. Mr. Scruggs responded that the sewer is currently located at the shopping center and would be required to be extended over. Ms. Walker asked what the minimum requirements are for buffering, a wall, landscaping, parking access, noise control, and security. Mr. Joyce responded that most likely there would be a 20' buffer on the residential side of the property. Ms. Walker asked if there is going to be a retaining wall. Mr. Joyce responded that it is dependent upon what is being proposed and how intense the type of use will be will determine what the buffering on the property will be. Ms. Walker asked that if the zoning changes to General Retail, can any use go on the property five years from now. Planning and Zoning Commission February 23, 2010 Page 4 of 5 Mr. Joyce advised that any use could go on the property now, but most likely be limited due to the narrowness of the property. Ms. Walker stated that she would not have purchased the property in 2008 had she known that a retail establishment would be located immediately behind her property. Ms. Walker continued in asking why the snow cone stand is being relocated to the east of Larry's now when Mr. Moreno used to conduct his snow cone stand at a location to the west of Larry's. Mr. Joyce stated the choice was Mr. Moreno's. Chairperson Hames closed the Public Hearing. It was moved by Commissioner McCormick to approve Item 3.3, seconded by Commissioner Morrison and carried. (Due to recording malfunction, final vote count is unavailable.) 3.4 Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding a request a curb cut to allow the Orthofix development to have access to Plano Parkway. The subject development is located on the southeast corner of Plano Parkway and Tittle Drive in the City of Lewisville. Ordinance No. 03-1470 approved by Council on June 16, 2003 provides that properties located outside of the City Limits must have a Council approval for a curb cut to access a City Street or Thoroughfare. Per the ordinance, the Planning and Zoning must make a recommendation to Council. (SD 0-0003, Orthofix Driveway Cut) Presentation by The City of The Colony Engineering Department Mr. Joyce introduced Mr. Scruggs to present the staff report. Mr. Scruggs presented the staff report. Chairperson Hames asked if the curb-cut is already approved the curb-cut through Lewisville's Planning and Zoning Commission. Mr. Scruggs responded yes. Commissioner Wade asked what type of traffic is going to be using the proposed driveway. Mr. Scruggs responded that there will be access for 18-wheelers; however, the main access for the large trucks will be at the back of the site. Commissioner Morrison asked if the truck traffic can be restricted from exiting to Plano Parkway and instead exit to Tittle in the direction of Windhaven Parkway. Mr. Scruggs responded the only way that scenario could be done would be to make Plano Parkway a no-truck traffic street. Mr. Scruggs continued in stating that an ordinance already exists requiring trucks to travel a minimum distance through the City, therefore trucks that are leaving that location should be traveling north to SH121. Planning and Zoning Commission February 23, 2010 Page 5 of 5 Chairperson Hames opened the Public Hearing. No one came forward in favor or opposition. Chairperson Hames closed the Public Hearing. It was moved by Commissioner Wade to approve Item 3.4 with recommended conditions by Engineering, seconded by Commissioner Terre and unanimously carried. (Due to recording malfunction, final vote count is unavailable.) Being no additional business, Chairperson Hames adjourned the meeting. (Due to recording malfunction, documentation ofprecise adjournment time is unavailable.) Karen Hames, Chairperson Trace Sher~rnan, Redo~eSqWtary by Felicia Koppang 1 1