HomeMy WebLinkAbout11/15/2011 P&Z
MINUTES
CITY OF THE COLONY
CITY COUNCIL
PLANNING AND ZONING COMMISSION
ECONOMIC DEVELOPMENT CORPORATION (TYPE A)
COMMUNITY DEVELOPMENT CORPORATION (TYPE B)
THE COLONY LOCAL DEVELOPMENT CORPORATION
REINVESTMENT ZONE NUMBER ONE, CITY OF THE COLONY
NOVEMBER 15, 2011
After determining that a quorum was present, the City Council of the City of The Colony, Texas
convened into regular session which was held on Tuesday, November 15, 2011 at 6:OOPM 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; Eddie McCormick, Vice Chairman; Karen
Hames; Richard Bambuty; Debbie Morrison; Shannon Hebb and Cesar Molina, Jr. (arrived at
7:15 p.m.)
Board Members Absent: None
Staff Present: Mike Joyce, AICP, Development Services Director; Brooks Wilson, AICP, Senior
Planner; Felicia Koppang, Development Services Coordinator; Gordon Scruggs, Director of
Engineering; Christie Wilson, City Secretary; Lisa Henderson, Deputy City Secretary; Diane
Baxter, Director of Communications; Troy Powell, City Manager; Tod Maurina, Assistant City
Manager; Tim Miller, Assistant City Manager; Cindi Lane, Economic Development Specialist;
and Jeff Moore, City Attorney.
4.0 JOINT PLANNING AND ZONING COMMISSION AND CITY COUNCIL
A4.1 Call to Order
Chairman Wade called the meeting to order at 6:37 PM.
After determining that a quorum was present, the Planning and Zoning Commission of
the City of The Colony convened into joint session with City Council.
4.2 Joint public hearing regarding a proposed amendment to the Master Thoroughfare
Plan by modifying the alignment, design standards, and design speed for the
planned thoroughfare extending westward from the intersection of Spring Creek
Parkway and Headquarters Drive.
Mayor McCourry opened the Joint Public Hearing at 6:39 p.m.
Mr. Joyce presented the staff report.
Ms. Suzette Snyder, resident of 7021 Brook Forest Circle in Plano, Texas asked if there
was a slide that better depicted where the proposed roadway would be located in
proximity to her neighborhood of Kings Ridge in Plano, Texas.
Minutes of the Planning and Zoning Commission
November 15, 2011
Page 2 of 6
Mr. Joyce responded no.
Ms. Snyder followed up in stating that a map is crucial in regard to the Kings Ridge
residents' feedback due to the proximity of the proposed roadway to the neighborhood.
Mr. Joyce responded that the reason the roadway is proposed to be changed is to provide
for a larger parcel of land in the center of the tract for the future development of the
property. He continued in stating that the realignment of the proposed roadway is going
to limit the development adjacent to Kings Ridge due to the limited area between the
proposed roadway and the residential development.
Ms. Andrea Mills, resident of 7025 Brook Forest in Plano, Texas stated that the
neighborhood will be greatly impacted and feels that the residents of the neighborhood
have not been given adequate information or been given an opportunity to give feedback
to the City of The Colony.
Ms. Pam Banks, resident of 7000 Whisperfield Drive in Plano, Texas stated that she
doesn't believe anything cannot be changed. She continued by reinforcing her neighbors'
responses in stating that the residents of Kings Ridge have not been given an opportunity
for input and stated that she objects to the proposed realignment of the roadway due to its
proximity to the neighborhood of Kings Ridge.
Mr. Rick Urbanczyk, resident of 7020 Luxborough Drive in Plano, Texas asked for
clarification on the appearance of the map as to where the Kings Ridge neighborhood was
located, what the area to the north of Kings Ridge is, and what the blue line across the
map indicated.
Mr. Joyce provided answers to Mr. Urbanczyk's questions. Mr. Joyce added that the
proposed roadway is being modified from a 6-lane thoroughfare with higher speeds to a
4-lane thoroughfare with lower speeds.
Mr. Urbanczyk followed up in stating that the City is doing the residents of Kings Ridge
in Plano a disservice by not being forthright about the proposed development.
Mayor McCourry and Chairman Wade closed the Joint Public Hearing at 6:50 p.m.
Councilman Schrag noted that the new proposed roadway is going to be a 4-lane
thoroughfare with approximately a 67 foot right-of-way, whereas Spring Creek Parkway
is a 6-lane thoroughfare which is at the front door of the Kings Ridge development.
4.3 Planning and Zoning Commission discuss and consider making a recommendation
to the City Council regarding a proposed amendment to the Master Thoroughfare
Plan by modifying the alignment, design standards, and design speed for the
planned thoroughfare extending westward from the intersection of Spring Creek
Parkway and Headquarters Drive.
Commissioner Hames asked if the location of the railroad is adjacent to the Kings Ridge
subdivision.
Minutes of the Planning and Zoning Commission
November 15, 2011
Page 3 of 6
Mr. Joyce responded affirmatively.
Commissioner Hames asked if the railroad tracks provide as an extra buffer to the Kings
Ridge neighborhood located to the east of the proposed development site within Plano
city limits.
Mr. Joyce responded by stating that with the railroad tracks being located where they are,
the proposed thoroughfare will limit developability of the property by Nebraska Furniture
Mart between the roadway and the railroad tracks due to the distance between them.
Chairman Wade continued in stating that construction on the property would not be easy
to the immediate west of the railroad tracks due to the slopes of the property.
It was moved by Commissioner Haines to approve Item 4.3 as presented, seconded by
Commissioner Bambury. Motion carried (6-0).
4.4 City Council discuss and consider an ordinance amending the Master Thoroughfare
Plan by modifying the alignment, design standards, and design speed for the
planned thoroughfare extending westward from the intersection of Spring Creek
Parkway and Headquarters Drive. (Ord. No. 2011-1928)
It was moved by Councilman Harris to approve Item 4.4 as presented, seconded by
Councilman Terre. Motion carried (7-0).
4.5 Joint public hearing regarding a proposed amendment to the Comprehensive
Zoning Ordinance and Map of the City of The Colony, Texas, as heretofore
amended, by establishing a planned development district that encompasses that
certain 433.81 acres of property generally located along the south side of State
Highway 121 between W. Spring Creek Parkway and Plano Parkway and including
a tract of land at the southwest corner of State Highway 121 and Plano Parkway.
Mr. Joyce presented the staff report.
Chairman Wade and Mayor McCouriy opened the Joint Public Hearing at 7:00 p.m.
Ms. Snyder asked what the distance is between her neighborhood and the proposed
roadway.
Mr. Joyce responded that he does not have the information requested, but would be
willing to measure by scaling for an approximate distance.
Mr. Moore followed up in stating that questions during the Public Hearing should be
noted and if necessary, staff can respond after the Public Hearing.
Ms. Vivian Partridge, resident of 7044 Twin Knoll in Plano, Texas commented on the
inefficiency of the map provided by staff, holding City Council responsible and asked
what PD-25 means.
Minutes of the Planning and Zoning Commission
November 15, 2011
Page 4 of 6
Ms. Heather Morrow, resident of 6701 Vista Trail in Plano, Texas stated that she has
been given incorrect information by staff and believes that the City Council is misleading
the public.
Chairman Wade and Mayor McCourry closed the Joint Public Hearing at 7:05 p.m.
4.6 Planning and Zoning Commission discuss and consider making a recommendation
to the City Council regarding a proposed amendment to the Comprehensive Zoning
Ordinance and Map of the City of The Colony, Texas, as heretofore amended, by
establishing a planned development district that encompasses that certain 433.81
acres of property generally located along the south side of State Highway 121
between W. Spring Creek Parkway and Plano Parkway and including a tract of
land at the southwest corner of State Highway 121 and Plano Parkway; granting a
variance to the regulations for the sale of alcoholic beverages with respect to said
property.
It was moved by Chairman Wade to approve Item 4.6 as stated, seconded by
Commissioner Morrison. Motion carried (6-0).
Motion was withdrawn due to Chairman Wade mistakenly reading the wrong Item prior
to his motion.
It was moved by Chairman Wade to approve Item 4.6 as stated, seconded by
Commissioner Morrison. Motion carried (6-0).
4.7 City Council discuss and consider an ordinance amending the Comprehensive
Zoning Ordinance and Map of the City of The Colony, Texas, as heretofore
amended, by establishing a planned development district that encompasses that
certain 433.81 acres of property generally located along the south side of State
Highway 121 between W. Spring Creek Parkway and Plano Parkway and including
a tract of land at the southwest corner of State Highway 121 and Plano Parkway;
granting a variance to the regulations for the sale of alcoholic beverages with
respect to said property. (Ordinance No. 2011-1927).
Councilman Boyer stated Item 4.7 was not a vote on the roadway but for approval of the
establishment of a planned development district. He continued in stating that the
meeting's agenda was posted publicly since last Thursday at City Hall and on the city's
website.
Councilman Connelly asked City Attorney, Jeff Moore, when the meeting packet was
available.
Mr. Moore responded that the meeting packet was available for public view on Friday
morning.
Councilman Connelly asked if there was a reason the meeting packet is made available
prior to the meeting being conducted.
Minutes of the Planning and Zoning Commission
November 15, 2011
Page 5 of 6
Mr. Moore responded that Texas Open Meetings Act requires for the meeting packet to
be available a minimum of 72 hours prior to the meeting taken place.
Councilman Connelly asked if the purpose for the requirement of making the meeting
packet available was to give the public an opportunity to review the documents and send
in and get questions answered.
Mr. Moore responded affirmatively.
Councilman Connelly asked if the city violated any publication or notification laws.
Mr. Moore responded no. He continued in stating that the packet was made available 96
hours prior to the meeting.
Chairman Wade noted that the Planning and Zoning Commission meeting agenda was
available on Thursday.
It was moved by Councilman Connelly to approve Item 4.7 as stated, seconded by
Councilman Harris. Motion carried (7-0).
4.8 City Council discuss and consider a resolution approving bylaws for The Colony
Local Development Corporation. (Resolution No. 2011-076)
It was moved by Councilman Harris to approve Item 4.8 as stated, seconded by
Councilman Connelly. Motion carried (7-0).
The Planning and Zoning Commission recessed at 7:12 p.m.
10.0 EXECUTIVE SESSION
10.1 The Economic Development Corporation, the Community Development
Corporation, the Local Development Corporation and the City Council shall
convene into a closed executive session pursuant to Section 551.071 of the TEXAS
GOVERNMENT CODE to seek legal advice from the city attorney regarding pending or
contemplated litigation regarding necessary actions to initiate and file a declaratory
judgment lawsuit to validate proposed bond issuances, contracts and actions taken
or planned in support of economic development initiatives within Reinvestment
Zone Number One, City of The Colony, Texas.
Reconvene to Open Session
10.2 The Economic Development Corporation, the Community Development
Corporation, the Local Development Corporation, and the City Council to take any
action as a result of the executive session regarding pending or contemplated
litigation regarding a declaratory judgment lawsuit to validate proposed bond
issuances, contracts and actions.
Minutes of the Planning and Zoning Commission
November 15, 2011
Page 6 of 6
"Pursuant to the Texas Open Meetings Act, Government Code Chapter 551 one or more of
the above items may be considered in executive session closed to the public, including but
not limited to consultation with attorney pursuant to Texas Government Code Section
551.071 arising out of the attorney's ethical duty to advise the city concerning legal issues
arising from an agenda item. Any decision held on such matter will be taken or conducted
in open session following the conclusion of the executive session".
ADJOURN ALL BOARDS
The Planning and Zoning Commission reconvened with no additional items. Chairman Wade
adjourned the meeting at 9:35 p.m.
r
Tri aW Chairman
eli is Ko ecording Secretary