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HomeMy WebLinkAbout07/28/2011 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION JULY 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 Thursday, July 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 Hames; Cesar Molina Jr.; Richard Bambury; Debbie Morrison and Shannon Hebb. Board Members Absent: Eddie McCormick Staff Present: Mike Joyce, AICP, Director of Development Services; Brooks Wilson, AICP, Senior Planner; Gordon Scruggs, Director of Engineering; Jeff Moore, 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 Elect a Vice-Chairmarâ–º Chairman Wade nominates Commissioner McCormick as Vice Chairman. It was moved by Chairman Wade to approve the nomination of Commissioner McCormick as Vice Chairman, seconded by Commissioner Bambury. Motion carried (6-0). 1.2 Citizen Input Sherry Ailing of 5232 Sherman Drive, The Colony, Texas 75056, owner of All Seasons Tan, requested for the Commission to consider allowing tattoos and body piercings to be permitted within her place of business. Chairman Wade responded that he was unsure of what the Zoning Ordinance would allow. Mr. Joyce responded that the current Zoning Ordinance is silent in regards to tattoos and body piercing shops. He continued in stating that another applicant has placed a request and at the direction of City Staff, is writing up a formal request for City Staff to review and encouraged Ms. Ailing to do the same. Mr. Joyce advised Ms. Ailing that City Staff was in the process of evaluating and re-writing the Zoning Ordinance to possibly add a use for tattoos and body piercing shops. Ms. Ailing asked when the changes to the Zoning Ordinance would be expected. Mr. Joyce responded that City Staff is currently working on the Zoning Ordinance re-write, however, there is no definite timeline. Minutes of the Planning and Zoning Commission July 28, 2011 Page 2 of 7 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the June 28, 2011 Regular Session. It was moved by Commissioner Morrison to approve Item 2.1, seconded by Commissioner Bambury. Motion carried (6-0). 3.0 PUBLIC HEARING 3.1 SPIT-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. Commissioner Hebb asked if a temporary fence would be placed on the property during construction. Mr. Scruggs responded that the placement of a temporary fence is not a City requirement; however, the Homeowner's Association may consider it for safety purposes. Chairman Wade continued the Public Hearing. Fred Walters, of Mesa Design Group, consultant/landscape architect for the Legends Homeowner's Association, stated that he was available to address any questions the Commission may have. Chairman Wade closed the Public Hearing. It was moved by Commissioner Bambury to approve Item 3.1, seconded by Commissioner Molina. Motion carried (6-0). 3.2 SPI 1-0004 - First Baptist Church Expansion Conduct a public hearing, discuss and consider making a recommendation to City Council on a request for approval of a revised site plan for the First Baptist Church, approximately 5.50 acres, located at 4800 South Colon Boulevard, east of Main Street (FM 423). Mrs. Wilson presented the staff report. Commissioner Bambury asked if there is an existing covered drop off area on the property. Mrs. Wilson stated yes, along Branch Hollow, for office use, not for the sanctuary. Commissioner Hebb stated he likes the idea of aligning the new driveway to make traffic flow easier. He continued in stating that the median across from the proposed new driveway does not have a left turn lane when heading west on South Colony Boulevard and asked if a turn lane would be put in at the location or if signage restricting left turns would be placed. Mrs. Wilson responded that City Staff had not discussed the scenario; however, the option to enter the church's parking lot from Branch Hollow is available. Minutes of the Planning and Zoning Commission July 28, 2011 Page 3 of 7 Commissioner Morrison asked for staff to take a look at adding a turn lane for westbound traffic on South Colony Boulevard to have a protected turn lane for additional safety. Mr. Scruggs responded that City Staff will have the applicant conduct a traffic study. Commissioner Morrison asked if there was a way to ensure that the church will come into compliance with the landscape ordinance with the proposed addition as was required by the Commission in 2007. Mrs. Wilson responded that the requirement to come into compliance with the landscape ordinance was attached to a building addition that was proposed in 2007, however, the addition was never constructed, therefore the landscape ordinance Commissioner Morrison stated that she remembers a fence that was proposed to be built to block the residential homes from view, however, the fence has never been constructed. Mrs. Wilson stated that a fence currently exists on the southern property line of the church. Commissioner Morrison stated the fence that was proposed was much larger than what exists on the property. She stated that what was requested was a fence or shrubs from South Colony Boulevard along the east side of the property around to Branch Hollow, across the south side of the property. Chairman Wade stated that the fence and landscaping updates were a requirement had they constructed the building addition, but since the addition was not built, the updates were not required. Commissioner Hames stated that it was her understanding that the church was not in compliance with the landscaping on the property prior to the building addition and she is a little disconcerted that it is four (4) years later and the property has still not come into compliance with the landscaping. Mrs. Wilson responded that the trigger for the requirement of coming into compliance with the landscape ordinance would have been the construction of the building addition but since the building addition was never constructed, the church remains a legal non-conforming use. Mr. Moore confirmed Mrs. Wilson's statement. Commissioner Morrison stated that conforming to the landscape ordinance was a separate request. Mrs. Wilson responded that there is no obligation to do the landscaping unless the church does the construction. She continued in stating that the ordinance states that a certain percentage of construction (10%) has to be met in order to require compliance of the landscape ordinance. Commissioner Hames asked if they were out of compliance prior to the request. Minutes of the Planning and Zoning Commission July 28, 2011 Page 4 of 7 Mrs. Wilson responded yes, the church was a legal, non-conforming use. She continued in stating that if the church makes no changes to the building from now on, no additional landscaping would be required. The reason the ordinance was written this way is so that if a request is presented that exceeds the minimum percentage of construction (10%), all other zoning requirements for the property must be met, including landscaping. Commissioner Molina asked if items were placed within the approval of the site plan, would the City not have a mechanism for citations if the requirements are not met. Mrs. Wilson responded that with the construction of the proposed foyer and porte-cochere, the church would not receive a certificate of occupancy until all the requirements have been met, therefore the church would not be able to use the addition. Commissioner Molina asked to clarify that the addition would not be able to be used until all requirements within the proposed site plan have been met. Mrs. Wilson responded yes. Commissioner Bambury asked if the proposal conforms to the 10% rule. Mrs. Wilson responded that the proposal is less than ten (10) percent; however, the applicant is voluntarily complying because he is very close. Commissioner Hebb asked why the applicant chose to use Crepe Myrtles in mitigating a Red Oak versus using the same species of tree. Mrs. Wilson responded that the ordinance does not specify in mitigation as to the species of trees that should be used to replace existing trees, the ordinance just refers to the City's tree list, which is an issue that City Staff will address when the ordinance is re-written. Chairman Wade reiterated that he thought it was strange to replace a ten inch caliper Red Oak shade tree with two Crepe Myrtle ornamental trees. He continued to suggest to City Staff that when the ordinance is re-written, to state that replacement of trees should be of the same genus and species. Mrs. Wilson agreed. Chairman Wade opened the Public Hearing. Gary Martin, 415 West Hubbard, Lindale, Texas, architect with M-Squared Design Group (designer and builder of the addition), stated that he was available for questions. Commissioner Wade asked if anyone has explored transporting the existing tree and relocating it to another area on the property. Mr. Martin responded that the relocation of the existing tree had not been explored; however, there will be no opposition in replacing the existing tree with two shade trees as suggested by the Commission. Minutes of the Planning and Zoning Commission July 28, 2011 Page 5 of 7 Commissioner Hebb asked if a drainage study has been conducted to observe the capacity that will be dumped on City streets and if the City's existing facilities (storm drain sewer pipes) can handle the load. Mr. Martin responded no, a drainage study was not conducted; however, he has consulted with the City's Engineering Department and will provide a paving/grading plan during building permitting which Engineering will then determine if a full drainage study will be needed. He continued in stating that the initial response he received from Engineering was that the additional drainage from the additional parking spaces and foyer will be minimal. Commissioner Morrison asked if the applicant is going to be looking at constructing the fence that was proposed in 2007 now that they are expanding on the church, in order to limit the amount of traffic from the adjoining residential neighborhood. Mrs. Wilson responded that the fence was not a part of the current application. Commissioner Hebb asked if there is a timeline as to when the applicant will start construction. Mr. Martin responded that construction will begin as quickly as possible. He continued in stating that construction drawings will be submitted within 2-3 weeks. Mr. Martin then stated that in looking at the plans from 2007, the City was in favor of relocating the driveway along South Colony Boulevard and the proposal for the median was to add landscaping and the placement of a no left turn sign. He added that the church assumed the proposal would remain intact for this submittal. Mrs. Wilson added that the police department reviewed the plans and had no comment about the left turn to enter the property from westbound South Colony Boulevard. Commissioner Hebb suggested putting in flush medians with brick pavers, as was done on North Colony Boulevard. Mr. Scruggs responded that replacing the median with brick pavers is a change in design from the way South Colony Boulevard was constructed. He continued in stating that the no left turn sign was proposed in 2007 because attempting to place a left turn lane would completely remove the existing median due to its short length and proximity to the access provided for the alley and slip road. Chairman Wade closed the Public Hearing. Chairman Wade asked Commissioner Morrison if the fence proposal was brought to the Commission by the applicant or if there was a concern from the Commission due to traffic issues. Commissioner Morrison responded that there was pedestrian traffic and children going to the playground in the evenings when the church was closed or unoccupied. The church initially requested to extend their fence along the south side of the property and the Commission requested that the church complete the construction of the fence and/or use shrubs to restrict Minutes of the Planning and Zoning Commission July 28, 2011 Page 6 of 7 pedestrian traffic along the east side of the property as well as to limit the amount of trash that would accumulate on the property. Commissioner Morrison asked if the traffic study was an amendment that needed to be included. Chairman Wade responded that the traffic study was eliminated with Mr. Scruggs' explanation of the 2007 proposal. Commissioner Morrison asked if the traffic study to include the left turn lane could still be requested due to the added traffic with the new businesses located along South Colony Boulevard as well as the additional people that will be attending the two churches. It was moved by Commissioner Molina to approve Item 3.2 with an amendment to replace the Crepe Myrtles with Red Oaks for the mitigating trees, with an additional stipulation to do a traffic study for the driveway located on South Colony Boulevard to determine if there is a need for left turn lane on the westbound side of the street. Mr. Martin responded that a traffic study can be conducted; however, it seems that there is not enough space for a protected left turn within the median, as stated by Mr. Scruggs, even if there is traffic to justify the addition of the lane. Commissioner Molina responded that the traffic study is done to determine if there is enough traffic at the location to justify a protected left turn and then if there is, how to mitigate it by either putting in a left turn lane if there is sufficient space to do so, removing the median and striping the turn lane or adding a no left turn sign. He continued in stating that the study doesn't have to be a full-blown traffic impact analysis, however, would need to be done by a registered professional engineer. Mr. Martin responded that if the left turn lane is not an option due to City standards and the only options are striping or a no left turn sign, he is not convinced that it is logical to do the striping and allow vehicular travel to turn at their convenience in order to fix the traffic issue. Therefore, the church money will be spent on a traffic study that will give no new information and would result in a no left turn sign. Commissioner Morrison stated that having vehicular traffic turn out of the parking lot and make a u-turn through the Lutheran church parking lot or have vehicular traffic exit the church parking lot onto Branch Hollow to head east on South Colony Boulevard are not safe options. She suggested removing the median, adding a flat turn lane and allowing vehicular traffic to turn, which helps not only this church but the Lutheran church and the Proton warehouse located directly across from the church as well, which will alleviate the traffic and make travel safer. Commissioner Molina continued in stating that there are other options that may be available after conducting the traffic study, including possibly hiring an off-duty police officer to direct traffic during heavy traffic hours. Mr. Martin responded that he would rather spend what expense it would be to conduct a traffic study on the median related to the project. Motion was seconded by Commissioner Morrison. Motion carried (6-0). Minutes of the Planning and Zoning Commission July 28, 2011 Page 7 of 7 There being no further questions or discussion, Chairman Wade adjourned the meeting at 7:18 pm. Bri , C airman "A A,&-) elicia Koppan ecor 'ng Secretary