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HomeMy WebLinkAbout02/14/2012 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION FEBRUARY 14, 2012 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, February 14, 2012 at 6:30PNt 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; Richard Bambury; Debbie Morrison; Cesar Molina, Jr. and Shannon Hebb. Board Members Absent: Eddie McCormick, Vice Chairman Staff Present: Mike Joyce, AICP, Development Services Director; Brooks Wilson, AICP, Senior Planner; Felicia Koppang, Development Services Coordinator and Gordon Scruggs, Director of Engineering. 1.0 CALL REGULAR SESSION TO ORDER Chairman Wade called the meeting to order at 6:32 PM. 1.2 Citizen Input No citizen input was received. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the January 10, 2012 Regular Session. 2.2 FPII-0004 - The Chapel at the Villa Addition - Final Plot Consider approval of a final plat of Lot 1, Block A of The Chapel at the Villa Addition, on 2.32 acres, located at the south side of Stone Creek Drive and approximately 750 feet east of Cascades Court. It was moved by Commissioner Hames to approve Item 2.1 and Item 2.2, seconded by Commissioner Molina. Motion carried (6-0). 3.0 PUBLIC HEARINGS 3.1 SE11-0001- The Chapel at the Villa - Special Exception Conduct a public hearing, discuss and consider making a recommendation to City Council on a request for approval of a Special Exception to Section 17, Site Plan Approvals and Special Development Standards, to allow the use of stucco as an exterior finish at The Chapel at the Villa, on 2.32 acres, located at the south side of Stone Creek Drive and approximately 750 feet east of Cascades Court. Mrs. Wilson presented the staff report. Commissioner Bambury asked if the applicant has chapels in other locations. Minutes of the Planning and Zoning Commission February 14, 2012 Page 2 of 6 Mrs. Wilson responded that she does not know of other locations and believes the building is a stand-alone. Commissioner Bambury asked if the proposed elevations are a corporate image. Mrs. Wilson responded no. Commissioner Hebb asked if the applicant considered using stone to enhance the exterior elevation, referencing the mixture of stucco with stone on the exterior of the Fairfield Inn and Residence Inn, immediately adjacent to the proposed site. Mrs. Wilson responded that the only proposal that staff has reviewed is the one presented to the Commission, which is entirely stucco. She continued by stating that there was an amendment to the planned development ordinance in 2007 allowing the use of stucco on the Fairfield Inn, Residence Inn an industrial area north of the proposed site, as well as in percentages on the multi-family buildings within Planned Development-16, confirming that stucco has previously been used in the area. Chairman Wade asked what the percentage of stucco to masonry was on the proposed building. Mrs. Wilson responded that the proposed building is 100% stucco. Commissioner Haines asked what the percentage of stucco to masonry is on the adjacent buildings. Commissioner Hebb responded that approximately one-third of the buildings are stone, whereas the other two-thirds of the buildings are stucco. Commissioner Morrison stated that she is concerned that by approving the application, the Commission would be setting precedence for stucco. Commissioner Hebb reiterated that the hotels are a combination of stone and stucco whereas the commercial buildings are 100% stucco, so the precedence has been set. Chairman Wade asked what buildings Commissioner Hebb is referring to when speaking of buildings that are 100% stucco. Mrs. Wilson showed on an aerial of the location of the stucco covered buildings, immediately north of the proposed site. Commissioner Morrison asked if any of the buildings that have stucco as an exterior material were built prior to the planned development ordinance being adopted. Mrs. Wilson responded that the buildings were constructed after the adoption of the planned development ordinance. Minutes of the Planning and Zoning Commission February 14, 2012 Page 3 of 6 Mr. Joyce followed up by stating that the planned development ordinance allows for stucco. He continued in explaining that the overlay zone allows for stucco with the approval of a Special Exception and based on the architectural features of the building; make a determination of whether or not to approve the use of stucco as a building material. Commissioner Morrison asked if the roof will be red tile clay. Mr. Joyce responded affirmatively. Commissioner Morrison reiterated her concern with setting precedence. Mr. Joyce stated that the traditional stucco is much different than the synthetic types of stucco that are currently available, where mold issues are no longer a concern. He continued by stating that staff is contemplating reassessing the allowance of stucco within the Overlay zones since many times a business locates to areas of the City, a Special Exception application is submitted for the use of stucco. Chairman Wade asked if a percentage of stucco can be placed on the Special Exception. Mr. Joyce responded affirmatively. Chairman Wade opened the Public Hearing. Mark Martin, 1204 West University Drive, Denton, Texas, architect, stated that the buildings to the north of the proposed site are tilt wall with a finish that makes it look like stucco. He continued by advising the Commission that he is available for questions. Chairman Wade asked if there is a reason why stone was not a proposed material for the exterior of the proposed buildings. Mr. Martin responded that the owners took a liking to a building in Houston, Texas called the Bell Towers on 34th where the architecture and materials are similar to the proposed buildings. Chairman Wade closed the Public Hearing. It was moved by Commissioner Morrison to approve Item 3.1 as stated, seconded by Commissioner Bambury. Motion carried (6-0). 3.2 SPII-0009 - The Chapel at the Villa - Development Plan Conduct a public hearing, discuss and consider making a recommendation to City Council on a request for approval of a Development Plan for The Chapel at the Villa, on 2.32 acres, located at the south side of Stone Creek Drive and approximately 750 feet east of Cascades Court. Mrs. Wilson presented the staff report. Chairman Wade opened the Public Hearing. No one came forward to speak. Minutes of the Planning and Zoning Commission February 14, 2012 Page 4of6 Chairman Wade closed the Public Hearing. It was moved by Commissioner Bambury to approve Item 3.2 as stated, seconded by Commissioner Morrison. Motion carried (6-0). 3.3 SI12-0001- Garage Sales - Ordinance Revision Conduct a public hearing, discuss and consider making a recommendation to City Council on a revision to Appendix A, Zoning Ordinance, to include a section on garage sales and/or limited sales, providing definitions and establishing regulations. Mrs. Wilson presented the staff report. Commissioner Hames asked if the Commission's original recommendation for the garage sale ordinance did not go through to City Council. Mrs. Wilson stated that the ordinance that the Commission voted on and went forward to City Council was strictly for garage sale signs, not for garage sale regulations, which is the intent of this ordinance. Commissioner Hames asked if there is a reason for there to be a specific number allowed on- premise and off-premise instead of a set number of signs allowed, regardless of the location. Mrs. Wilson responded that the ordinance that will be presented to City Council will indicate a total number of signs allowed, without allocation to on-premise or off-premise. Commissioner Hames stated that in her opinion, a community sale or group garage sale would warrant twelve signs, which is double the number of signs as an individual garage sale, with six signs. Mrs. Wilson responded that Commissioner Hames' suggestion is exactly what staff is presenting to City Council. Mr. Joyce gave background to the Commission as to how staff came up with twelve signs as the allowable number. Commissioner Haines stated that if the sale is being held on a large property, the majority of the signs would most likely need to be posted on the property; therefore she believes there is no need to have an allotment of on-premise and off-premise signs. Commissioner Molina stated that he agrees Commissioner Hames' comment of allowing six signs for individual garage sales and twelve signs for community and group garage sales. Mr. Joyce stated that staff polled other cities in the area to ensure that the recommendation was fair and ensured the Commission that staff is supportive of garage sales. Commissioner Bambury asked if a homeowner association held a community garage sale with twenty to thirty homes participating, would each home be allotted signs. Minutes of the Planning and Zoning Commission February 14, 2012 Page 5 of 6 Mrs. Wilson stated that an individual within a community garage sale could obtain a permit for six (6) signs in addition to the twelve signs a community group could have. Commissioner Bambury asked if City Council will allow for a community garage sale to have the signs for the community as well as individuals having signs of their own, using the example of a community of twenty homes, the community would have twelve signs and each property having six signs, totaling 132 signs. Mr. Joyce stated that individuals are not required to have a permit for the community sale, which will not count against their allotted two garage sales per year. He explained that Community Image personnel pick up signs on Monday mornings, with the majority of the signs being garage sale signs, the individuals that neglected to pick up their signs would receive a fine of $10 per sign. Mr. Joyce continued that a permit will be required to be posted at the site for the duration of the garage sale and that staff is trying to accomplish the issuance of no fee permits via the internet to make it easier for residents as well as staff. Mrs. Wilson followed up stating that with a community garage sale, individuals don't have to come up to City Hall to get the permit. She continued by saying that generally speaking, most residents will rely on the organizer to get the permit, but there may be one or two that will get their own permits. Commissioner Hebb asked if signs cannot be placed within right-of-way, where will they be allowed to be placed. Mrs. Wilson responded that the signs are supposed to be placed on the opposite side of the sidewalk, on private property, upon asking permission from the property owner, whereas in subdivisions, there are typically common areas where signs could be placed. Commissioner Hebb asked if he had a garage sale and had one sign in his yard, he is supposed to ask the property owners of other properties to place the other five signs? Mrs. Wilson responded affirmatively. Commissioner Hebb asked if signs are placed within the right-of-way, does the City have the authority to remove the signs. Mrs. Wilson responded affirmatively stating that if the signs are within the right-of-way, they are then illegal signs. Commissioner Hebb asked if an individual put signs within the right-of-way on Friday morning, could Community Image personnel pull the signs during the day. Mrs. Wilson responded affirmatively. She continued by stating that generally, as long as the signs are properly permitted, Community Image would unlikely pull the signs as a way of showing good will to the residents. Commissioner Hebb asked how the City will collect fees charged for signs that are picked up by Community Image on Monday mornings. Minutes of the Planning and Zoning Commission February 14, 2012 Page 6 of 6 Mrs. Wilson responded that the fees would be assessed to the property listed on the sign. Commissioner Hebb asked if the City will send an invoice to the property for the charges of picking up the signs and if the property owner doesn't want to pay, what recourse does the City have. Mr. Joyce responded that another garage sale permit would not be issued for the property until the balance has been paid. He continued in stating that if a garage sale is held without a permit, by utilizing the ordinance proposed, a citation can be issued. Mr. Joyce said the current ordinance has all regulations within the definition which is questionable. Commissioner Hames asked if the garage sales could utilize the city signs. Mrs. Wilson stated that the group garage sales would qualify. Community or individual garage sales would not qualify. She explained that in order to qualify for utilization of the signs, the sale would have to be held by a non-profit organization. Commissioner Hames asked if the group garage sales could make a generic placard to place on the city signs. Mrs. Wilson responded affirmatively. Chairman Wade opened the Public Hearing. No one came forward to speak. Chairman Wade closed the Public Hearing. It was moved by Commissioner Hebb to approve Item 3.3 with changed as discussed, seconded by Commissioner Morrison. Motion carried (6-0). There being no further questions or discussion, Chairman Wade adjourned the meeting at 7:13 p.m. B ' de, Chairman ( Z*k~c eli a Kopp n co ing Secretary