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HomeMy WebLinkAbout04/12/2011 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION APRIL 12, 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, April 12, 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 Ter-re, Vice Chairman; Karen Hames; Eddie McCormick; Cesar Molina Jr. and Debbie Morrison. Board Members Absent: Richard Bambury. Staff Present: Mike Joyce, AICP, Director of Development Services; Brooks Wilson, AICP, Senior Planner; 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 6:38 plot. 1.1 Citizen Input No citizen input was received. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the March 29, 2011 Regular Session. It was moved by Commissioner Morrison to approve Item 2.1 as stated, seconded by Commissioner Molina. Motion carried (5-0-1), Commissioner McCormick abstained. 3.0 PUBLIC HEARING 3.1 Conduct a public hearing, discuss and consider making a recommendation to City Council amending Section 10B, "Accessory Structure Regulations" of Appendix A, Comprehensive Zoning Ordinance, of the Code of Ordinances to add regulations relating to screened in patio covers, gazebos and pergolas structures. Mr. Joyce presented the staff report. Commissioner Molina asked if the enclosed exterior wall patio cover is now permissible. Mr. Joyce responded yes, with surrounding exterior walls up to four (4) feet in height. Commissioner Harries asked if an acceptable exterior opening would be a window. Mr. Joyce responded that in a screened in patio cover, an acceptable exterior opening would be a door, no windows would be acceptable and the structure would be restricted to screening and/or plastic because it cannot be allowed to become a habitable room. Minutes of the Planning and Zoning Commission April 12, 2011 Page 2 of 4 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 Haines to approve Item 3.1 as stated, seconded by Commissioner Morrison. Motion carried (6-0). 4.0 DISCUSSION ITEMS 4.1 SII I -0003 Temporary Uses Consider an amendment to the Zoning Ordinance, to add a new section for the regulation of temporary uses (proposed Section 10C, Regulations and Guidelines for Temporary Uses). Mrs. Wilson presented the staff report. Chairman Wade asked if mobile food vendors were included within this ordinance. Mr. Joyce responded that mobile food vendors are handled under the Health ordinance and are inspected by the Health Inspector. Chairman Wade asked if mobile food vendors would include ice cream trucks and Swann's trucks. Mr. Joyce responded yes, however the Swann's trucks are a little different since they deliver prepackaged food and don't fall within the same health guidelines. Chairman Wade asked if firewood sales would be an example of temporary use. Mr. Joyce responded yes. Mrs. Wilson followed up in stating they would be categorized as non-perishable goods. Mr. Joyce continued in stating that staff is still working on re-writing the code, however, with the number of requests that have been generated, staff is updating sections of the ordinance and will have the ability to drop the updated sections into the new ordinance upon completion. Vice Chairman Terre asked if charitable car washes are going to be included within this section of the code. Mr. Joyce responded yes, to know locations and cover any safety issues that could arise with children too close to the streets or drivers observing activity in the medians. Vice Chairman Terre stated that carwashes tend to be a distraction to drivers. Mr. Joyce followed up in speaking about human signs. Minutes of the Planning and Zoning Commission April 12, 2011 Page 3 of 4 Mrs. Wilson stated that fees will not be charged for some permits, especially those for charitable or civic organizations, but the intent of requiring permits is to know the locations. As an example, Mrs. Wilson referenced parking lot garage sales and stated that there are instances where the property owner may not be knowledgeable of the temporary event occurring on their property. Mr. Joyce reminded the Commission that the topic is only a discussion item for now but will bring additional information to the Commission at future meetings. Commissioner Morrison asked if staff will be contacting the schools and churches to advise them of any changes and the requirement for permits. Mr. Joyce responded yes. He continued in advising the Commission of the issue with American Legion and getting permission from Big Lots to hold a garage sale when the area they wanted to conduct the garage sale is now owned by Texas Department of Transportation. He then advised the Commission of the stickers that will be required to be placed on garage sale signs that will be issued after the City receives the permit application. Commissioner Morrison asked about utilization of parks for events like a Chili Cook Off. Mr. Joyce responded that events as such are permitted through a Special Event Permit, which has to be submitted a minimum of 30 days prior to the event and anything with food involved must be addressed by the Health Department. Vice Chairman Terre stated he thinks the approach is good because it is not over-regulation, however, citizens can do what they want to do as long as regulations are being followed for safety reasons. Mr. Joyce responded that the applications are all available online and the permits can be issued over the counter for everything with the exception of Special Events. Commissioner Molina asked how permission is granted. Mr. Joyce responded that a notarized statement is required, just like what will be required for temporary uses such as a snow cone stand. Mrs. Wilson followed up in stating that the notarization form is included on the application. Mr. Joyce advised the Commission to contact staff if there are any other questions or items that need to be added to the temporary use ordinance. 4.2 5111-0006 Schedule of Uses Consider an amendment to the Zoning Ordinance, Section 10-100 (Schedule of Uses) and Section 10-300 (Definitions and Explanations Applicable to the Use Schedule). Mrs. Wilson presented staff report. Mr. Joyce stated that mobile home needs to be changed to manufactured home. Minutes of the Planning and Zoning Commission April 12, 2011 Page 4 of 4 Vice Chairman Terre asked if restaurant dine-in would be anything that doesn't fit within any of the other restaurant categories. Mrs. Wilson responded yes. Vice Chairman Terre asked if the restaurants that allow you to bring your own bottle would be included as a restaurant dine-in. Mrs. Wilson affirmed. She continued in stating that she went through other cities' schedules of uses that there were a hundred other uses that could be added but didn't think any were very relevant to what the City of The Colony would encounter. Vice Chairman Terre stated that he will go through it to take a look but feels staff is more knowledgeable of the types of businesses that would request occupancy within the City. Mr. Joyce stated that an interesting request of a sand volleyball park has recently come in and was requested within a Business Park zoning, however, the zoning district does not allow for recreational or athletic uses. He continued in stating that new requests for different uses are being made to staff frequently. Mr. Joyce explained Limited Use within the Schedule of Uses and the new Schedule of Uses may not address this type of use. Mrs. Wilson gave a bank and McDonald's inside a Walmart as an example of a Limited Use. Mr. Joyce advised the Commissioners to contact staff if they can think of anything to add to the Schedule of Uses. There being no further questions or discussion, Chairman Wade adjourned the meeting at 7:10 pm. Brian Wes. , Chairman elicia Koppa e g Secretary