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HomeMy WebLinkAbout06/28/2011 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION JUNE 28, 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, June 28, 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; Karen Haines; Eddie McCormick; Cesar Molina Jr.; Richard Bambury; Debbie Morrison and Shannon Hebb. Board Members Absent: None. Staff Present: Mike Joyce, AICP, Director of Development Services; Brooks Wilson, AICP, Senior Planner; 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 May 24, 2011 Regular Session. 2.2 PPII-0001- Parks ofAustin Ranch Addition Consider approval of a preliminary plat of Lots 6-11 X, Block A of the Parks of Austin Ranch Addition, being a 32.87 acres tract out of the John B. Martin Abstract No. 827, located at the northeast corner of Windhaven Parkway and Arbor Hills Way. 2.3 FPII-0001- Parks ofAustin Ranch Addition Consider approval of a final plat of Lots 6-10X, Block A of the Parks of Austin Ranch Addition, being a 24.13 acres tract out of the John B. Martin Abstract No. 827, located at the northeast corner of Windhaven Parkway and Arbor Hills Way. It was moved by Commissioner Hames to approve Items 2.1, 2.2 and 2.3 with an amendment to Item 2.3 from 24.13 acres to 26.59 acres to include right-of-way, seconded by Commissioner McCormick. Motion carried (7-0). 3.0 PUBLIC HEARING 3.1 SPII-0003 - Legends Amenity Center Pool Expansion Conduct a public hearing, discuss and consider making a recommendation to City Council on a request for approval of a site plan for the Legends Amenity Center Pool Expansion, approximately 3.96 acres, located on the north side of Alister Lane, west of Morningside Drive and north of Memorial Drive. Mrs. Wilson presented the staff report. Minutes of the Planning and Zoning Commission June 28, 2011 Page 2 of 7 Commissioner Hames asked how many parking spaces are currently in existence on the property. Mrs. Wilson responded there are twenty-four (24) spaces on the property, which is more than was required with the original site plan. This was done in anticipation of Amenity Center expansion in the future. Commissioner Haines asked how many spaces are required for the pool. Mrs. Wilson stated that the current ordinance bases the number of required parking spaces on the normal expectancy of people that will be visiting the pool and divides the number of people by four (4). Mrs. Wilson continued in stating that the pool is not open to the public and can only be utilized by the residents of the subdivision. Commissioner Haines stated that it doesn't seem that twenty-four (24) parking spaces is enough. Mrs. Wilson responded that parking on the street is available as well. Commissioner Hames asked if parking in the common area is allowed. Mrs. Wilson responded no. Mr. Joyce followed up in stating that when he and Mrs. Wilson viewed the site, the pool was full, however, there were only approximately ten (10) cars in the parking lot. Commissioner McCormick stated that the ratio does change on the weekends, when he has seen that there has not been any parking available and asked if the number provided by the applicant for the normal expectancy of people at the pool can be re-visited. Mrs. Wilson responded that after the expansion is built, if the Homeowner's Association determines that more parking is needed, they may elect to use the open space to add parking, however, the requirement for the site has been met. Mr. Joyce continued in stating that the Amenity Center parking requirement is for the Planned Development - 14 zone district. Commissioner Molina stated that he has seen the pool heavily parked, but not to the detriment of the neighborhood. He continued in stating that the proposal is for an adult pool, which may be utilized at different timeframes than the pool that currently exists. Mr. Joyce stated that staff can monitor the parking concerns, especially if complaints are received, to determine if the parking has become a safety hazard. Mrs. Wilson stated that if there is a concern about the safety of children, the area where the children would be located at the pool is a fenced in area and any time children would be outside of the fenced in area, a parent should accompany them. Commissioner Bambury asked how many parking spaces are currently on the property. Minutes of the Planning and Zoning Commission June 28, 2011 Page 3 of 7 Mrs. Wilson stated there are twenty-four (24) parking spaces available. Commissioner Bambury stated that he is a little suspicious of the normal pool occupancy load of ninety-six (96) people. Commissioner McCormick stated that there is a playground facility at the property as well, which is outside the pool area. Commissioner Hebb asked how many people are serviced by the amenity center. Mrs. Wilson responded that the number would vary based on the type of use and the time of year. Chairman Wade stated that there are approximately 1,705 homes within the Legends, which is the number of homes that are served by the Amenity Center. Mr. Joyce stated that the City of The Colony 2010 Census estimates that the average persons per household is 2.58, which indicates that the one (1) pool services approximately 4,000 people. Mrs. Wilson continued in stating that some homes may have back yard pools, however, there is only one (1) community pool. Chairman Wade stated there is not a lot of room to add parking on the site. Mrs. Wilson responded that the site could be reconfigured to add spaces, which may not be as aesthetically pleasing, but could be done. Commissioner Molina followed up in stating that too much reconfiguration could affect the playground area. Commissioner Molina then asked if the parking lot becomes a safety issue, can staff reassess and reopen the Specific Use Permit. Mr. Joyce responded that The Legends is a Planned Development, which the Amenity Center does not require a Specific Use Permit. The city or the subdivision can reopen and reassess at any given time the parking. Commissioner Hebb asked if the applicant did a weekend count of the number of vehicles that park at the current site. Mrs. Wilson responded that she was unaware of if the applicant did the study to include weekend traffic. Mrs. Wilson continued in stating that the Commission does have the option to table the item for more information until the next scheduled meeting. Chairman Wade opened the Public Hearing. No one came forward to speak in favor or opposition. It was moved by Commissioner McCormick to table Item 3.1 and to keep the Public Hearing open for the applicant's representative to be present and provide more Minutes of the Planning and Zoning Commission Tune 28, 2011 Page 4 of 7 information at the next scheduled meeting, seconded by Commissioner Hames. Motion carried (5-2). Opposition by Chairman Wade and Commissioner Molina. 3.2 SUPII-0002 - Blase Sky Sports Center Specific Use Permit Conduct a public hearing, discuss and consider making a recommendation to City Council on a request for approval of a Specific Use Permit (SUP) to allow the on-premises sale of beer for the Blue Sky Sports Center, located on the west side of Main Street (FM423) approximately 5,000 feet south of Lebanon Road. The site is commonly known as 7801 Main Street. Mrs. Wilson presented the staff report. Commissioner McCormick stated that limiting the sale of beer to between 7:00 p.m. and close bothers him because from past experience, he is aware that there are youth activities after 7:00 p.m. He continued in asking if there will be any youth soccer activities, indoor or outdoor, after 7:00 p.m. Peter Brody, 7801 Main Street, The Colony, Texas 75056, responded that he cannot say there will be no youth activities after 7:00 p.m., however, there will be no planned youth activities because the adult league activities begin at 6:00 p.m. on weeknights and weekends. Commissioner McCormick asked if some of the smaller indoor fields or the outdoor fields could be used by youth after 7:00 p.m. Mr. Brody responded that youth activities currently do not occur after 7:00 p.m., not to say that outdoor youth practices will not occur, however, the indoor facility is 100% adult activity starting at 6:00 p.m. Youth activities occur on the weekends, Saturday and Sunday from 7:30 a.m. to 5:00 p.m. Commissioner McCormick asked if Mr. Brody could guarantee that there will be no youth activities occurring at the Blue Sky Sports Complex after 7:00 p.m. Mr. Brody responded that it is always possible for children to be in the building, but is dramatically different than a youth game being held. He continued in stating that staff will not restrict if a parent brings a child to an adult game. Commissioner Bambury asked why the change to sell beer after operating the business for approximately ten (10) years. Mr. Brody responded that the change is due to a shift in consumer behavior. The amount of youth business has dramatically decreased, where the adult business has increased incrementally. Commissioner Bambury asked why the need to begin selling beer now when the adult business increased without the sale of beer on premises. Mr. Brody responded that concessions revenue has declined at a rate of 15-16% each year and the concession facility will be out of business at the current rate in approximately 8 years. The staff has also had adult customer comments and requests for beer sales, which is why this application is being made. Minutes of the Planning and Zoning Commission June 28, 2011 Page 5 of 7 Commissioner Hebb asked if there are any future land use changes being proposed to this area. Mrs. Wilson responded no. Commissioner Hebb asked where the city boundaries are between Frisco and The Colony. Mrs. Wilson responded that on the east side of Main Street (FM423) from the subject property is Frisco and north of Lebanon Road is Frisco. Commissioner Hebb asked if staff was aware of Frisco's land use plan for properties adjacent to the subject property. Mrs. Wilson responded no. Commissioner McCormick asked if the sports complex has any plans for security in case a situation arises in mixing competitive sports and alcohol. Mr. Brody responded no, however, many of the on-duty police officers stop in as a part of their patrol routes. Additionally, the facility is monitored with eight (8) recording cameras and the facility is hiring older and more mature employees. He continued in stating that the situation will be monitored, but doesn't think that a few beers will change the facility's desire to maintain a family-oriented environment. Commissioner McCormick asked if there are other park facilities in the city that sell alcohol in their concession area. Mr. Joyce responded that there will be a request for beer sales at Five Star. Mr. Brody continued in stating that the Tribute Golf Course also has alcohol sales. Commissioner Morrison asked if there are going to be a separate area at Blue Sky where the adults can sit other than taking their beverages to the stands. Mr. Brody responded that a "corral" will be constructed that will be fenced in with high back tables and chairs and a few picnic tables that will be the only area designated in the facility for beer consumption. Commissioner Morrison asked how the beverages will be served. Mr. Brody responded that beverages will be served in aluminum cans or plastic cups, no glass. Commissioner Morrison stated that by constructing a corral in the facility is going to limit the amount of space that teams have to meet. Mr. Brody responded that he believes that Commissioner Morrison is speaking in reference to youth teams, whereas, when the kids leave the building, the energy level drops dramatically and there are very few people that come in to watch the adult games. He continued in stating that the current corral used now has already been developed and is located next to the concession stand. Minutes of the Planning and Zoning Commission June 28, 2011 Page 6 of 7 Commissioner Hebb asked if the parking area for the facility needs to be reassessed due to the growth in adult activities or if the parking is primarily used for youth activities. Mr. Brody responded that the parking is primarily used for youth activities and does not need to be reassessed. He continued in stating that there are over 600 parking spaces available at Blue Sky Sports Complex and on an adult activity night, the front parking lot is rarely full, which consists of thirty-one (31) parking spaces. Chairman Wade asked if the intersection at Blue Sky will be lighted with the expansion of Main Street (FM 423). Mr. Scruggs responded that TXDOT states the light signal is not warranted after a traffic study was conducted at that intersection, however, with the expansion, the roadway at the entrance to Blue Sky will be improved so that traffic exiting the property can go straight across the divided road to go north on Main Street (FM 423). Chairman Wade stated that his concern is when traffic is exiting the property, on many occasions, can be very difficult going either direction. By adding alcohol consumption, the intersection could become very dangerous. Chairman Wade asked if the dashed line on the site plan indicates the location of the new road. Mr. Scruggs confirmed. Chairman Wade asked if the light signal will be placed after the road expansion is completed. Mr. Scruggs responded that the light signal will be placed when the intersection warrants it, due to traffic load. Commissioner Hebb asked if TXDOT is thinking of making any provisions for this intersection, such as the placement of fiber. Mr. Scruggs responded no. 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 Molina, seconded by Commissioner Hames. Motion carried (5-2). Opposition by Commissioner Morrison and Commissioner Bambury. 4.0 tDISCUSSION ITEMS 4.1 1-0013 - S.H . 121 Corridor Plan Update cuss the adoption of an update to the 2005 S.H. 121 Corridor Plan. Mrs. Wilson presented the staff report. Minutes of the Planning and Zoning Commission June 28, 2011 Page 7 of 7 Commissioner McCormick asked if sexually oriented businesses will permitted within the S.H. 121 Corridor. Mrs. Wilson responded no, sexually oriented businesses are restricted to Industrial areas only. Chairman Wade advised staff to proceed with updating the 2005 S.H. 121 Corridor Plan. There being no further questions or discussion, Chairman Wade adjourned the meeting at 7:16 pm. Bria hair an elic' Kop i R c rding Secretary