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HomeMy WebLinkAbout03/29/2011 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION MARCH 29, 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, March 29, 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 Chairman; Karen Hames; Cesar Molina Jr. and Debbie Morrison. Board Members Absent: Eddie McCormick and Richard Bambury. Staff Present: Mike Joyce, AICP, Director of Development Services; Brooks Wilson, AICP, Senior Planner; Gordon Scruggs, Engineering Director; 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 6:33 PM. 1.1 Citizen Input No citizen input was received. 1.1 City Attorney Input The Planning and Zoning Commission convened into Executive Session at 6:34 pm. The Planning and Zoning Commission re-opened the Regular Session at 7:13 pm with nothing to report. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the March 8, 2011 Regular Session. 2.2 RPI0-0003 Garza-Little Elm Estates Addition Consider approval of a replat of Lots 12, 13, 14, and 15, Block 6 of the Garza-Little Elm Lake Estates Addition and a portion of Lot 17R, Block 6 of the Garza-Little Elm Estates Addition into one (1) lot, Lot 12R, Block 6 of the Garza-Little Elm Estates Addition, being a 0.71 acre tract of land, located on the west side of FM 423 (Main Street) and approximately 0.42 miles north of Lake Highlands Drive. It was moved by Commissioner Hames to approve Items 2.1 & 2.2 as stated, seconded by Commissioner Molina. Motion carried (5-0). 3.0 PUBLIC HEARINGS 3.1 SP10-0010 Lake Park Plaza Parking Conduct a public hearing, discuss and consider making a recommendation to the City Minutes of the Planning and Zoning Commission March 29, 2011 Page 2 of 5 Council regarding a site plan for a new parking lot to serve the Lake Park Plaza, located on the west side of FM 423 (Main Street) and approximately 200 feet north of Lake Highlands Drive. Mrs. Wilson presented the staff report. Chairman Wade opened the Public Hearing. Barbara Allen, 3508 Pinehurst, Plano, Texas 75075, owns a house and three (3) vacant lots on Redbud Court. She stated the applicant had the opportunity to sell the property to TXDOT or purchase property to the north but chose to purchase the property adjacent to hers and stated her opposition to the site plan. Michael Hughes, 5749 Baker, The Colony, Texas 75056, stated his father owns the property at 4604 Redbud Court, behind the site proposed. He stated that his father's property will be worthless if the site plan is approved. Chairman Wade closed the Public Hearing. Commissioner Hames asked if additional views of the building are available. Mrs. Wilson stated no. Chairman Wade asked if the applicant thought about placing a wall along the west side of the property between the parking lot and the existing residences. Mrs. Wilson stated the Gateway Overlay District Regulations require that a wall be placed as a buffer. Chairman Wade asked if the regulations are met, the residents of the property to the west of the parking lot would be looking at a brick wall, not a parking lot. Mr. Joyce confirmed. Vice Chairman Terre asked what the height requirement of the wall would be. Mrs. Wilson stated the height requirement is a minimum of six feet (6'), not to exceed seven feet (7'). Commissioner Morrison asked how many trees and shrubs are being proposed to the site in order to buffer noise from the neighboring residential area. Mrs. Wilson responded in stating that required street trees and shrubbery as well as additional ornamental trees that are not required are being proposed. Commissioner Morrison asked if any trees or shrubs will be placed along the west side of the property. Minutes of the Planning and Zoning Commission March 29, 2011 Page 3 of 5 Mrs. Wilson stated that there is not enough space on the west side of the property for tree or shrub placement. Chairman Wade stated that since the property is located within the Gateway Overlay District, it is required that a fence or wall be placed on the property that is made of material similar to the building on the property. Mrs. Wilson continued in stating that the dumpster on the property is required to be enclosed as noted within the Gateway Overlay District. Commissioner Hames asked what the height requirement of the fence that will be required to be located on the property. Mrs. Wilson stated six feet (6'). Commissioner Harries asked if there is a maximum height requirement for the Gateway Overlay District. Mrs. Wilson stated that she believes it is seven foot, six inches (7'6") but she could be mistaken. Commissioner Morrison asked if the size of the fence can be increased to the maximum allowed. Chairman Wade responded that the Commission could not require for the fence to be of a certain height but can require they meet the requirements of the Gateway Overlay District. Commissioner Morrison stated that she would like to have some protection for the adjacent residential properties and the landscape plan will assist with noise in the parking lot but does not think it will aid the residential properties west of the lot. Chairman Wade stated that there are a number of easements located on the property and the owners of the easements will not want trees and shrubs planted within the easements. It was moved by Chairman Wade to approve Item 3.1 with the stipulation of meeting the Gateway Overlay District Regulations, seconded by Vice Chairman Terre. Motion carried (5-0). 4.0 DISCUSSION ITEMS Staff is conducting research on the following items: Temporary Uses Revisions to the Schedule of Uses Vacation Rentals Mrs. Wilson presented the staff report for Temporary Uses. Mr. Joyce followed up with additional information pertaining to the staff report. Minutes of the Planning and Zoning Commission March 29, 2011 Page 4 of 5 Vice Chairman Terre asked if the guy that sells firewood out of the back of his truck would no longer be allowed. Mr. Joyce responded yes, a permit from the City would be required. Vice Chairman Terre asked if there is currently any regulation for temporary sales. Mr. Joyce responded no, the person should be getting permission from the landowner, but the City is not sure that process is even being done. He continued in introducing the concept of Business Licenses to the Commissioners. Vice Chairman Terre stated that he likes the concept of requiring temporary sales to be permitted, which will allow for safety controls. Commissioner Morrison asked if garage sales held within parking lots would be included in temporary sales. Mr. Joyce responded that garage sales within shopping centers would be considered a Special Event. Mrs. Wilson followed up in stating that the use in itself is considered a temporary use as long as it was not a private garage sale. She continued in stating that a lot of people think of parking lots as public spaces, when in fact they are private property, therefore requiring permits will help eliminate unauthorized temporary sales. Mr. Joyce continued in stating that the City doesn't allow farmers markets at this point in time. Snow cones were recently permitted, which helps build the community. Mrs. Wilson continued with the staff report for Revisions to the Schedule of Uses. Mr. Joyce followed up in stating that sexually oriented businesses is a section within the code. Mrs. Wilson closed the staff report in speaking about Vacation Rentals. Vice Chairman Terre asked if the City has received complaints in the past about a problematic rental property. Mrs. Wilson responded yes. Mr. Joyce advised the Commissioners of a residential property within the City that currently rents the property out for weddings and corporate retreats. He continued in stating that staff is requiring the property owner to remove any advertisements for weddings and/or corporate retreats. He finished up by stating that the intent of the ordinance is to make sure that the residential properties within the City do not become commercial properties. Mr. Joyce spoke about hiring consultants for the rewriting of ordinances and requests the support of the Commissioners. Minutes of the Planning and Zoning Commission March 29, 2011 Page 5 of 5 There being no further questions or discussion, Chairman Wade adjourned the meeting at 7:48 Chairman AT_~W~ elic a Kopp ding Secretary 6F1"