HomeMy WebLinkAbout12/28/2010 P&Z
MINUTES
CITY OF THE COLONY
PLANNING AND ZONING COMMISSION
DECEMBER 28, 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, December 28,
2010 at 6:30pm 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, Chairman; David Terre, Vice-Chair; Richard Bambury;
Eddie McCormick; and Helene Parker
Board Members Absent: Karen Hames and Debbie Morrison
Staff Present: Mike Joyce, AICP, Director of Development Services; Brant Shallenburger,
Construction Communications Facilitator and Legal Coordinator; James Schnurr, City Attorney;
and Felicia Koppang, Development Services Coordinator.
1.0 CALL REGULAR SESSION TO ORDER
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 December 14, 2010 Regular Session.
It was moved by Commissioner McCormick to approve Item 2.1, seconded by
Commissioner Bambury with Commissioner Parker abstaining. Motion carried (4-0-1).
3.0 PUBLIC HEARINGS
3.1 (SI10-0011, Amendments to the Special Off-Street Parking Regulations) Conduct a
public hearing, discuss, and consider making a recommendation to City Council
regarding amendments to Section 13-103(3), "Special Off-Street Parking Regulations"
of Appendix A, Comprehensive Zoning Ordinance; Section 6-272(b)(5), "Special Off-
Street Parking Regulations" of Chapter 6 of the Code of Ordinances; and, Chapter 19 of
the Code of Ordinances, by renumbering Section 19-24 as Chapter 19, Section 19-12(1).
Mr. Joyce presented the staff report.
Chairman Wade asked what the time limit is of how long a recreational vehicle can be parked on
a public street.
Mr. Joyce responded that enforcement typically does not occur for a minimum of forth-eight (48)
hours.
Commissioner Bambury asked if a recreational vehicle can be parked on a front entry drive.
Minutes of the Planning and Zoning Commission
December 28, 2010
Page 2 of 5
Mr. Joyce responded yes. He continued in stating that recreational vehicle parking cannot cross
the front right-of-way on any property, blocking a sidewalk.
Chairman Wade opened the Public Hearing. No one came forward to speak in favor or
opposition.
Chairman Wade closed the Public Hearing.
It was moved by Vice Chairman Terre to approve Item 3.1, seconded by Commissioner
Parker, and unanimously carried (5-0).
3.3 (SI10-0015, Fence Ordinance Amendment) Conduct a public hearing, discuss, and
consider making a recommendation to City Council regarding amendments to Section
18-701(B) entitled "Swimming pool barriers;" and Section 18-801(A), entitled
"Maintenance," of Appendix A, Comprehensive Zoning Ordinance of the Code of
Ordinances.
Mr. Joyce presented the staff report.
Commissioner Parker asked if the amendment to the ordinance pertains to the entire fence or
sections.
Mr. Joyce responded, sections of the fence. He continued in providing the example of a fence
where water has deteriorated wood posts, in turn causing the posts to fail and lean.
Chairperson Wade asked if the intent of the revision is to relax the criteria.
Mr. Joyce responded yes, in order to make enforcement easier.
Chairperson Wade asked for an example of changing the criteria for safety, health and welfare
from one inch per foot of height to one and a half inches per foot in height.
Mr. Joyce responded that the intent goes from strictly aesthetic to life safety because the current
regulations can occur without having the ability to move the fence post within the concrete at one
inch per foot of height.
Commissioner McCormick asked for clarification that on a six foot fence, the alignment can be
nine inches out of plum.
Mr. Joyce responded yes.
Commissioner Bambury asked if the criteria is only applicable for fences on properties with
pools.
Mr. Joyce responded no, that one section is under barriers and one section is under pools.
Chairperson Wade asked if subdivision regulations would supersede the regulations in question.
Minutes of the Planning and Zoning Commission
December 28, 2010
Page 3 of 5
Mr. Joyce responded yes, the City will not enforce, however a Homeowner Association can
regulate the properties in their areas using their CC and Rs.
Chairman Wade opened the Public Hearing. No one came forward to speak in favor or
opposition.
Chairman Wade closed the Public Hearing.
It was moved by Commissioner Parker to approve Item 3.3, seconded by Commissioner
Bambury, and unanimously carried (5-0).
3.2 (5110-0013, Sign Ordinance Revision) Conduct a public hearing, discuss, and consider
making a recommendation to City Council regarding an amendment to Article XI,
Signs, of Chapter 6 of the Code of Ordinances.
Mr. Joyce presented the staff report.
Vice Chairman Terre asked how staff will be communicating with the public about the workshop
pertaining to the Sign Ordinance.
Mr. Joyce responded that staff will mail out notices to business owners, advertise on the website,
in the newspaper and the cable channel.
Commissioner Bambury asked if there are any applications for plans that have not been approved
that would need to be contacted for the workshop.
Mr. Joyce responded no.
Commissioner Parker asked what the enforcement is for garage sale signs that are placed in
medians over the weekend.
Mr. Joyce responded that one code officer works each weekend.
Commissioner Bambury asked if businesses have come in advising that surrounding cities'
ordinances indicate that our ordinance is shorter in height restrictions.
Mr. Joyce responded that businesses would make complaints if the height restrictions were
shorter within The Colony, however the city has not received any negative feedback as yet.
Commissioner McCormick asked if on a multitenant sign, whether one business can be larger in
size than the others when there is an anchor business in the shopping center.
Mr. Joyce responded yes, however, it is at the discretion of the property owner to determine how
they would like to distribute the square footage of the sign.
Commissioner McCormick asked for clarification on if any tenant can exceed the one-hundred
square foot restriction.
Minutes of the Planning and Zoning Commission
December 28, 2010
Page 4of5
Mr. Joyce responded no.
Chairman Wade opened the Public Hearing.
Mr. Larry Contreras of Liberty Tax Service and resident of 6017 Dunn Drive in The Colony
stated he has one opposition and one request for consideration. He continued in stating that his
opposition is in reference to the banner section of the sign ordinance, pertaining to the placement
of banners between stakes. He said the location and limited size of the face of his business does
not allow the space for a banner to be placed on the building. He continued in stating that the
expense of the placement of a banner on a building would hurt small business owners and most
building owners would not allow the business owners to make holes on exterior walls. Mr.
Contreras stated he has businesses in Lewisville and Frisco and stated one benefit of having a
location in The Colony is because of the permitting of banners between stakes and that sets The
Colony aside from other surrounding cities.
Mr. Contreras stated his request for consideration is in regards to inflatable signs. He continued
in stating that the current ten day timeframe is not cost effective for small business owners such
as himself. He said that the cost of an inflatable for a ten day period is $1200, however for a
thirty day period is $1800. He continued by requesting for inflatable signs to be extended to
thirty day timeframes or to allow consecutive permits to occur, which would be beneficial to
seasonal businesses such as his. Mr. Contreras also requested that the City consider allowing
businesses to use wind feathers and wind dancers to allow the City of The Colony to stay
competitive with the neighboring larger cities.
Vice Chairman Terre asked Mr. Contreras if all surrounding cities allow thirty days for inflatable
signs and if The Colony is the only city in the area that has a ten day timeframe.
Mr. Contreras responded that Frisco allows for fourteen day permits, however, they allow three
per year and they can be issued consecutively. He continued in stating that The Colony is the
only city in the area that has a ten day timeframe to his knowledge.
Vice Chairman Terre asked Mr. Contreras if his primary concern is to extend inflatable sign
permits to thirty days in lieu of ten days.
Mr. Contreras responded that the timeframe is only a portion of his concern. He continued in
stating that the other portion of his concern was that as a seasonal business owner, he would like
to see the allotment of temporary sign permits to be allowed during their business year instead of
throughout the calendar year.
Commissioner Bambury asked if the City of The Colony is out of line with the requirements for
banners in Lewisville and if the City is, would we be in line with Lewisville if the City banned
banners within city limits.
Mr. Contreras stated yes.
Vice Chairman Terre asked what the position with banners is with the City of Frisco.
Minutes of the Planning and Zoning Commission
December 28, 2010
Page 5 of 5
Mr. Contreras stated that Frisco does not allow banners in landscaped areas, which is something
that puts The Colony a step above them.
No recommendation was to be made; therefore the Public Hearing is to remain open.
The Commissioners along with Mr. Joyce praised Mr. Contreras for providing his comments,
feedback and research to the City in order to assess what is in the best interest of the City as well
as the business owners when going through the process of reviewing and making
recommendations pertaining to the sign ordinance.
Mr. Joyce stated that staff would be bringing the accessory structure ordinance back before the
commission at the next scheduled meeting.
There being no further questions or discussion, Chairman Wade adjourned the meeting at 7:35
pm.
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