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HomeMy WebLinkAbout05/24/2011 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION MAY 24, 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, May 24, 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 Haines; Eddie McCormick; Cesar Molina Jr.; Richard Bambury and Debbie Morrison. Board Members Absent: None 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 6:30 PM. 1.1 Citizen Input No citizen input was received. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the April 12, 2011 Regular Session. It was moved by Commissioner Hames to approve Item 2.1 as stated, seconded by Commissioner Morrison. Motion carried (7-0). 3.0 PUBLIC HEARING 3.1 SP]1-0002 Austin Ranch, Phase 6 Conduct a public hearing, discuss and consider making a recommendation to City Council on a request for a site plan for Austin Ranch, Phase 6, approximately 23.26 acres, located on the north side of Windhaven Parkway and on the east side of Arbor Hills Way. Mr. Joyce presented the staff report. Commissioner Haines asked if the pool is a lap pool or wading pool, if there will be security, and will a fountain be used to circulate the water. Bob Lampkin, resident of 9105 Clearhurst Drive, Dallas, Texas with Hensley, Lampkin, Rachel who is the architect for the project, stated the pool is meant for swimming at approximately four feet (4') deep, secured from children with fences, however not a public pool, intended for residents of Austin Ranch only. Minutes of the Planning and Zoning Commission May 24, 2011 Page 2 of 5 Commissioner Bambury asked if the site plan is for residential only. Mr. Joyce responded, yes. He continued in stating that previous submittals were for mixed use but this phase is residential only. He said that due to future development in Austin Ranch, a fire station will be required to be constructed and guessed that the City has approximately 5-7 years before the fire station in Austin Ranch will need to be constructed. 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 as stated, seconded by Commissioner McCormick. Motion carried (7-0). 3.2 SIl 1-0003 Temporary Uses Conduct a public hearing, discuss and consider making a recommendation to City Council a proposed amendment to the Zoning Ordinance, to add a new section for the regulation of temporary uses (proposed Section IOD, Regulations and Guidelines for Temporary Uses). Mr. Joyce presented the staff report. Commissioner Haines asked for a definition of temporary use. Mr. Joyce responded that there are things like Special Events, which are a temporary use. Snow Cone stands are a seasonal temporary use. Things that do not occur throughout the year would be considered temporary, however there is no one true definition of temporary use and the ordinance will cover all types. Vice Chairman Terre asked what the maximum period of time a temporary building would be on a property without landscaping. Mr. Joyce stated that a snow cone stand is permitted for a duration of seven (7) months, but then will be removed from the property, therefore there is no need for landscaping in his opinion, however, a construction trailer would be permitted for the duration of construction, or a model home/apartment complex leasing office is another type of temporary building that has a longer duration and should be required to have landscaping. Vice Chairman Terre followed up in stating that if the landscaping requirements are taken off of one, they should be taken off of everything because the ordinance should not be selective. Mr. Joyce stated that landscape requirements for certain uses can be established within the ordinance. Vice Chairman Terre stated that a temporary use without landscaping for eight (8) months in a high traffic area might be an issue. Minutes of the Planning and Zoning Commission May 24, 2011 Page 3 of 5 Mr. Joyce responded that if the temporary use is proposed to be located within a Planned Development, it may end up being a requirement for landscaping to be placed. Vice Chairman Terre stated that if there is an exception, a snow cone shouldn't be required, however, other temporary uses should probably require landscaping. Mr. Joyce responded that he suggests that the Commissioners do not make a recommendation tonight and allow staff to look over the proposed ordinance again after hearing the Commissioners comments to better the ordinance. Chairman Wade stated that Christmas tree sales as a temporary use should not require landscaping. Mr. Joyce commented, but maybe not with firewood. Chairman Wade responded that firewood sales would probably only be sold for a two to three month period which is shorter than the snow cone sales and if landscaping is placed, they will have to be irrigated and if there is no tap on the property, there will be a large expense. Mr. Joyce stated that with temporary uses, a site plan is required to show placement on property, including temporary offices, signage, etc. Commissioner Molina suggested using the word `should' in the ordinance versus `must' in regards to landscaping so there is an option, versus a requirement. Mr. Joyce followed up in stating that it will be looked at on a case by case basis, dependent upon the type of temporary use. Chairman Wade asked if sanitary facility requirements can be assessed based on the area of the temporary use. Mr. Joyce responded that in regards to a snow cone stand, a statement from the owner of a nearby property is required allowing the use of their sanitary facilities by snow cone stand customers, otherwise a port-a-potty would be required. Chairman Wade referred to the carnival/circus requirements and stated that it requires two Aort- a-potties, which is not adequate. Mr. Joyce responded that he thinks the requirement is based on the capacity of the tent, however events like the carnival/circus or a church revival should probably require more than what is indicated. Commissioner Bambury asked how soon after the buildings are erected, would landscaping be required. Mr. Joyce responded prior to the issuance of a certificate of occupancy. Minutes of the Planning and Zoning Commission May 24, 2011 Page 4 of 5 Commissioner Bambury asked for more requirements to be put in the ordinance for circus events. Mr. Joyce responded that staff would look into requirements that other cities have. Commissioner Bambury asked about the change of tent requirements to one-hundred twenty (120) square feet. Mr. Joyce responded that the one-hundred twenty (120) square foot requirement comes from the Building Code. The accessory structure ordinance was recently changed and approved from sixty four (64) square feet to one-hundred twenty (120) square feet. Staff does not want to over regulate tents, however, requires a flame retardant certificate. Commissioner Bambury stated that his concern is for tents within a residential backyard. Mr. Joyce responded that a line has to be drawn somewhere without being too intrusive to a resident's personal freedoms. Commissioner Morrison stated that it is a manufacturing requirement for tents to be flame retardant for safety purposes. Chairman Wade opened the Public Hearing. No one came forward to speak in favor or opposition. The Public Hearing is to remain open and reserved for the next scheduled meeting. 3.3 SII 1-0006 Schedule of Uses Conduct a public hearing, discuss and consider making a recommendation to City Council on a proposed amendment to the Zoning Ordinance, Section 10-100 (Schedule of Uses) and Section 10-300 (Definitions and Explanations Applicable to the Use Schedule). Mr. Joyce presented staff report. Commissioner Bambury asked what the terminology is across the top of the table. Mr. Joyce responded that the coding is the zoning districts within city limits. Commissioner Bambury asked for staff to email him the list of the different zones. Mr. Joyce responded yes. Commissioner Molina asked if the zoning districts are on the internet. Mr. Joyce responded yes, within the Code of Ordinances, Appendix A, Zoning on Municode. Vice Chairman Terre asked if there is a possibility of developing a farmer's market within the City as he sees that as possibly being a large asset for the community in regards to sales tax. Minutes of the Planning and Zoning Commission May 24, 2011 Page 5 of 5 Mr. Joyce responded that the Parks and Recreation Center would be very interested in developing a farmer's market to provide another way of fostering a sense of community more than generating sales tax. Commissioner Hames noted that for consistency purposes, Definitions notes "indoor/outdoor" and within the Schedule of Uses it notes "inside/outside". Chairman Wade opened the Public Hearing. No one came forward to speak in favor or opposition. The Public Hearing is to remain open and reserved for the next scheduled meeting. 4.0 TDISCUSSION ITEM 4.1 I -0013 - S. K 121 Corridor Plan Update scuss the adoption of an update to the 2005 S.H. 121 Corridor Plan. Mr. Joyce spoke briefly about the S.H. 121 Corridor Plan Update and advised the Commissioners that the document will be submitted for your review at a future meeting. There being no further questions or discussion, Chairman Wade adjourned the meeting at 7:19 pm. e, Chairman Fehcr opp ec r ing Secretary