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Home My WebLink About10/12/2010 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION OCTOBER 12, 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, October 12, 2010 at 6:30 PM 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: Brian Wade, Vice Chairman; Deville Hubbard; David Terre; Eddie McCormick; Helene Parker and Debbie Morrison. Board Member Absent: Karen Hames, Chairperson Staff Present: J. Michael Joyce, Development Services Director; Brooks Wilson, Senior Planner; Brant Shallenburger, Construction Communication Facilitator/Legal Coordinator; Troy Powell, City Manager; Gordon Scruggs, Director of Engineering; Ed Voss, City Attorney; and Felicia Koppang, Development Services Coordinator. 1.0 CALL REGULAR SESSION TO ORDER Vice Chairman Wade called the meeting to order at 6:32 PM. 1.1 Citizen Input No citizen input was received. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the September 28, 2010 Regular Session. 2.2 Consider approval of a preliminary plat of Lots 1-3, Block A of the Public Services Complex Addition being a 22.75-acre tract in the R. P. Hardin Survey, Abstract No 611, located east of Elm Street on East Lake Highlands Drive, also as known as 1 Harris Plaza. (PP09-0004, New Operations Center Complex) 2.3 Consider approval of a final plat of Lots 1-3, Block A of the Public Services Complex Addition being a 22.75-acre tract in the R. P. Hardin Survey, Abstract No 611, located east of Elm Street on East Lake Highlands Drive, also as known as 1 Harris Plaza. (PP09-0007, New Operations Center Complex) It was moved by Commissioner Morrison to approve Items 2.1, 2.2 and 2.3 as presented, seconded by Commissioner McCormick, and unanimously carried (6-0). 3.0 PUBLIC HEARINGS 3.1 Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a revised detailed Development Plan for the Old American Clubhouse located on the eastern side of Lebanon Road just north of the existing Tribute Golf Course. (SPIO-0008, Old American Clubhouse) Mrs. Wilson presented the staff report. Planning and Zoning Commission October 12, 2010 Page 2 of 5 Vice Chairman Wade opened the Public Hearing. No one came forward to speak in favor or opposition. Vice Chairman Wade closed the Public Hearing. It was moved by Commissioner Terre to approve Item 3.1, seconded by Commissioner Morrison and unanimously carried (6-0). 3.2 Conduct a public hearing, discuss and consider making a recommendation to City Council regarding an application for a Specific Use Permit (SUP) to allow the off- premise sale of beer and wine for the Ship Store located at the Hidden Cove Park Marina at 20400 Hackberry Creek Park Road. (SUP10-0003, Hidden Cove Park Marina) Mr. Joyce presented the staff report. Commissioner Terre asked what the estimated percentage of alcohol sales would be for the site. Mr. Joyce responded that 30%-40% of the sales will be alcohol and the sales will be verified that the site will remain within the parameters through the City and the Corp of Engineers. Commissioner Terre asked if all the purchasing is done inside the location. Mr. Joyce responded yes. Commissioner Parker asked if the alcohol that is purchased can be taken out on the boats. Mr. Joyce responded yes. Commissioner Parker asked if the site is the same type of arrangement as Charlie's is off of State Highway 121. Commissioner Terre stated that Charlie's sells alcohol by the drink, not by the bottle. Mr. Joyce responded that the alcohol sale is for off-premise consumption and there is patrol out on the lake so that if there are people drinking and driving a boat, they could receive a fine for drinking and driving. Commissioner Parker asked what the legal ramifications are when someone takes alcohol onto the boat and they sue the City. Mr. Voss responded there are no legal ramifications for the City. Mr. Joyce continued in stating that it is similar to someone going into a convenience store and buying alcohol, then getting behind the wheel of a car. Vice Chairman Wade followed up in asking if the City has any legal responsibility when there have been times where someone has tried to sue the liquor store for the sale of the alcohol. Planning and Zoning Commission October 12, 2010 Page 3 of 5 Mr. Voss responded that the City issues the permit, but does not sell the alcohol. Commissioner McCormick asked what the City's requirement is to be a beverage store, when the Corp of Engineer's parameters indicates 60% of sales as a beverage store. Mr. Joyce responded that the City requires 75% of the sales to be alcohol to be considered a beverage store, so the City's requirement is higher than the Corp of Engineers. Commissioner McCormick followed up in saying that 60% seems to be a little high for a store that size. Mr. Joyce agreed and said he had hoped the Corp of Engineers considered any location that had 30%-40% of their sales being alcohol to be considered a beverage store. Commissioner McCormick asked if in considering approval, the Commissioners could recommend to change the percentage of alcohol sales for the site. Mr. Joyce responded that the Commissioners could put any conditions on the Specific Use Permit they would like. Vice Chairman Wade opened the Public Hearing. No one came forward to speak in favor or opposition. Vice Chairman Wade closed the Public Hearing. Commissioner Morrison asked if the site sells gas. Commissioner McCormick stated there are pumps out on the site. Mr. Joyce responded that there will be propane out on the site for campers and pumps are available for fuel sales. It was moved by Commissioner Hubbard to approve Item 3.2, seconded by Vice Chairman Wade and carried (4-2). Commissioner Morrison and Commissioner McCormick objected. 3.3 Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a Site Plan application for the Kids Colony Renovation, Phase 1, located at 5151 North Colony Boulevard. (SPIO-0007, Kids Colony Park) ITEM PULLED FROM AGENDA 3.4 Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a detailed Development Plan application for the City of The Colony Operations Center, located at 1 Harris Plaza. (SP09-0010, New Operations Center Complex) Mr. Joyce presented the staff report. Vice Chairman Wade opened the Public Hearing. No one came forward to speak in favor or opposition. Planning and Zoning Commission October 12, 2010 Page 4 of 5 Vice Chairman Wade closed the Public Hearing. It was moved by Commissioner Morrison to approve Item 3.4, seconded by Commissioner Parker and unanimously carried (6-0). 4.0 ITEMS FOR INDIVIDUAL CONSIDERATION 4.1 Review and consider forwarding the 2009-2010 P&Z Annual Report to City Council for their review. (SILO-0006, 09-10 P&ZAnnual Report) Mr. Joyce presented the P&Z Annual Report. Commissioner Terre applauds the City for waiving the fees for projects that are coming in due to the FM423 widening and likes the approach the City is taking. He continued in stating he would like to see The Colony to be the easiest place in the metroplex to come in and start a business. Mr. Joyce followed up in stating that he treats the City as a business in itself and treats the budget like it was the budget for his personal business and tries to be a good steward of the public dollar. Mr. Joyce continued in stating that the City is trying to help people along the way by meeting with applicants early on as a concept prior to application in order to make the process easier. Commissioner Terre said he thinks it's great that everyone's visions for the City are along the same path. Mr. Joyce said that all staff with the City is working together more, which is something Mr. Powell has fostered along the way, getting a bigger bang for the buck and looking out for the best interest of the citizens. Commissioner Parker stated there has been a marked improvement since Mr. Joyce arrived. Mr. Joyce thanked Commissioner Parker and stated that he never said that he was the smartest man, but he always surrounds himself with good people and credits the staff for taking what is given to them and running with it after getting little direction. Commissioner Terre followed up in stating that anything the City can do to be more friendly to the public is beneficial to everyone. Mr. Joyce stated that working together with Keri Samford, the Economic Development Director, has also aided in the City's attempt of trying to get businesses to come to the City. Commissioner Terre stated that changing the name of Code Enforcement was a great idea because terminology does have an effect on the citizen's perception. Mr. Joyce responded in stating that the Community Image Department and the Neighborhood Enhancement Program will begin new things for the City with an enticement for the citizens of the City to make improvements on their properties. 4.2 Election of Chairman and Vice-Chairman for FY 2010-2011. Planning and Zoning Commission October 12, 2010 Page 5 of 5 Commissioner Terre nominated Vice Chairman Wade as Chairman. Vice Chairman Wade nominated Commissioner Terre as Vice Chairman. It was moved to cease nominations and unanimously carried (6-0). Vote for Vice Chairman Wade as Chairman. (5-0-1) Wade abstained. Vote for Commissioner Terre as Vice Chairman. (5-0-1) Terre abstained. There being no further questions or discussion, Vice Chairman Wade adjourned the meeting at 7:18 pm. %2ad , ice Chairman F icia oppang, e ing ecretary