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HomeMy WebLinkAbout01/11/2011 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION JANUARY 11, 2011 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, January 11, 2011 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; Karen Hames; Debbie Morrison; Eddie McCormick; and Richard Bambury. Board Members Absent: Cesar Molina, Jr. Staff Present: Mike Joyce, AICP, Director of Development Services; Gordon Scruggs, Director of Engineering; 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 28, 2010 Regular Session. Commissioner Bambury said he remembered Mr. Contreras stating that no city within the adjacent area allowed banners within landscaped areas. Mr. Joyce agreed and said that he specifically remembered Mr. Contreras stating that The Colony is the only city in the area that allows banners within landscaped areas. It was moved by Commissioner McCormick to approve Item 2.1 as amended, seconded by Commissioner Bambury with Commissioner Morrison and Commissioner Hames abstaining. Motion carried (4-0-2). 2.2 (RPIO-0004, Mays-Taco Bell Addition) Consider approval of a replat of Lot 1 of the Taco Bell Addition and Lot 2 of the Mays Addition into two (2) lots, Lots 1 and 2, Block A of the Mays-Taco Bell Addition, being a 1.25 acre tract of land, located on the west side of FM 423 (Main Street) and approximately 225 feet north of South Colony Boulevard It was moved by Chairman Wade to approve Item 2.2 as stated, seconded by Commissioner Morrison. Motion carried (6-0). Minutes of the Planning and Zoning Commission January 11, 2011 Page 2 of 6 3.0 PUBLIC HEARINGS 3.1 (SE10-0003, Taco Bell) Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding a special exception to the Architectural Standards of the Zoning Ordinance to allow the use of stucco as an alternate exterior material. Mr. Joyce presented the staff report. Vice-Chairman Terre verified that the theme to the appearance of the restaurant calls for stucco. Mr. Joyce responded affirmatively and continued in stating he visited the Taco Bell in McKinney, which has painted brick instead of stucco, however Taco Bell is requesting stucco to follow suit with the majority of their locations. Chairman Wade asked what proposed percentage is of brick to stucco for the proposed building. Mr. Joyce responded seventy-five percent stucco to twenty-five percent brick. Commissioner McCormick stated that he believes the section of the Overlay Regulations that addresses exterior material needs to be changed due to the fact that larger establishments wouldn't take the time with the City to ask permission, they would go elsewhere with their business. Mr. Joyce responded as staff goes through the Zoning Ordinance and Land Development Code, the City needs to try to assess these scenarios. He continued in stating that most stucco currently used is synthetic, which provides a better barrier to the elements than the original type of stucco. Commissioner McCormick requested that the City ensure that the installer is certified by the manufacturer to install the stucco. Mr. Joyce stated that the Plans Examiner will verify that information upon permit submittal. Chairman Wade asked if the reason that the applicant is requesting stucco is due to expense. Mr. Joyce responded it is more for the theme of the establishment. He continued in stating that the design will produce a high class product to include stones and a earthtone paint pallet. Commissioner Bambury asked if the current building is stucco. Mr. Joyce responded yes, one-hundred percent. Commissioner Bambury stated that the current building is twenty years old and still looks good. Chairman Wade opened the Public Hearing. No one came forward to speak in favor or opposition. Chairman Wade closed the Public Hearing. Minutes of the Planning and Zoning Commission January 11, 2011 Page 3 of 6 It was moved by Commissioner Bambury to approve Item 3.1 as stated, seconded by Commissioner Hames. Motion carried (5-1) with Chairman Wade opposed. 3.2 (SPIO-0014, Taco Bell) Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding a proposed site plan for a new Taco Bell Restaurant, located at 5005 Main Street. Mr. Joyce presented the staff report. Chairman Wade asked if Taco Bell will remain in business during the renovations. Mr. Joyce responded that the establishment will shut down because the building will be demolished. Commissioner Morrison asked if a date has been provided as to when Taco Bell will be shut down for the renovation. Mr. Joyce responded currently no. Chairman Wade asked the anticipated duration of time the establishment would be down. Mr. Joyce responded roughly six months. Chairman Wade opened the Public Hearing. David Gregory of Icon Consulting Engineering, located at 250 W. Southlake Boulevard in Southlake, Texas provided the projected timeline for the project. He advised that the project is planned to be on an accelerated schedule. The applicant foresees having permits by the end of February, begin construction by the first or second week of March, close of business establishment the first of March, allow seventy-five days for construction, and plan to be open for business within a week of the completion of construction. The applicant foresees the project to span the duration of ninety days from start to completion, provided good weather. Chairman Wade closed the Public Hearing. It was moved by Commissioner Morrison to approve Item 3.2 as stated, seconded by Chairman Wade, and unanimously carried (6-0). 3.3 (SI10-0013, 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 staff report. Vice Chairman Terre asked what the percentage of the sign at the carwash is currently. Mr. Joyce responded 75%. Minutes of the Planning and Zoning Commission January 11, 2011 Page 4 of 6 Commissioner Hames asked if local churches that place banners in their yard rather than putting them on the building is allowed since it is current practice. Mr. Joyce responded that the current ordinance allows for it, however the proposed ordinance does not allow for placement of banners anywhere with the exception of on the exterior of a building. He continued in reminding the commissioners of Mr. Contreras with Liberty Tax Service who spoke at the December 28th meeting in opposition of removing the current portion of the ordinance pertaining to the placement of banners in the yard. Commissioner Haines asked for clarification if the new ordinance will allow for the banners to be located within a yard as well as on a building. Mr. Joyce responded that the current written proposed ordinance does not allow for it, however, if the commission chooses, a recommendation could include allowing banners within yards. He continued in stating that the proposed ordinance is still very fluid and staff is looking for recommendations and/or suggestions to make improvements. Commissioner Haines made the statement that she knows of three churches off hand that are placed to the rear of the property where a banner permit on the exterior building elevations would not be beneficial. Mr. Joyce responded that it might be a preference of the commission to make the suggestion to allow for a setback requirement on banners or to provide special exception to institutional type uses such as churches. Commissioner McCormick followed up in stating that a good comment Mr. Contreras made was that most building owners would not allow for tenants to put holes in any building elevation. Mr. Joyce stated that he spoke with Iris Browder, Community Image Manager, about Mr. Contreras' recommendation to allow for businesses to have consecutive permits with the restriction on the number per year versus having a timeframe requirement between permits. Vice-Chairman Terre suggested in reference to the public hearing, notifying the Chamber of Commerce to provide the information of the public hearing to their contacts. Commissioner Morrison stated she has concerns in the ordinance pertaining to political signs. She continued in stating that she knows there are laws that regulate the timeframe, however, she wanted to know if there was verbiage within the sign ordinance that could be used to enforce violations of the timeframes if necessary. Mr. Joyce stated that there were issues with picking up signs last year when the signs were within the regulations, therefore Community Image will be more diligent about making sure those types of signs are taken down after their allotted timeframes. Commissioner Morrison added that another concern of hers is the utility pole signs that appear as if someone has attempted to remove them, however only accomplished ripping a portion of the sign. She continued in stating that the appearance of the utility poles throughout the city look trashy due to the careless removal of the signs that violate the ordinance. Minutes of the Planning and Zoning Commission January 11, 2011 Page 5 of 6 Mr. Joyce stated no signage is permitted on utility poles in the city, however staff is cognizant of the issues with signage through the city. The Public Hearing is to remain open to continue at the next Planning and Zoning Committee meeting, scheduled for January 25, 2011. 3.4 (Sll l -0001, Accessory Structure Ordinance Revision) Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding an amendment to Section 1013, Regulations and Design Guidelines for Accessory Structures, of Chapter 6 of the Code of Ordinances. Mr. Joyce presented staff report. Chairman Wade asked if by increasing the minimum size of patios or decks requiring permits from sixty-four square feet to one-hundred twenty square feet would cause the City to lose revenue. Mr. Joyce responded that the City charges minimally on permits for smaller accessory structures which currently ends up being a nuisance permit. He continued in stating that by increasing the amount of square footage from sixty-four to one-hundred twenty before requiring a permit isn't a hazard to the general public and staff is trying to match what the requirements are within the adopted building codes. Chairman Wade stated that the proposed ordinance allows for some of the accessory structure products at Home Depot would be able to be built without the requirement of a permit. Mr. Joyce responded affirmatively and stated with the restriction of the area not to exceed one- hundred twenty square feet. Commissioner McCormick asked about the height regulation of sixteen feet as it applies to accessory structures. Mr. Joyce responded by stating that the height restriction is to allow for patio covers, gazebos and like that would require a taller height based on its purpose. The Public Hearing is to remain open to continue at the next Planning and Zoning Committee meeting, scheduled for January 25, 2011. Mr. Joyce provided an update to the commissioners in reference to Commissioner Molina's absence due to a family emergency and Mrs. Wilson absent due to a personal health problem. Vice-Chairman Terre asked what the intent was of the provided binder. Mr. Joyce responded that the binder is a handbook assembled by the City Secretary's Office, which addresses the consolidation of all boards within the Code of Ordinances into one section, provides responsibilities, conflicts of interest and board member benefits amongst other topics. 1Vlinutes of the Planning and Zoning Commission January 11, 2011 Page 6 of 6 Commissioner McCormick asked if the commissioners would be getting approval for identification cards. Tvk. Joyce advised the approval has been granted and would provide more information for the commissioners soon. There being no further questions or discussion, Chairman Wade adjourned the meeting at 7:30 pm. ~-ade, Chairman Feli ' oppa o ing Secretary