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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/10/2003 ~~?~" ""'''' ,ilCf! '~~J~ 't~ ~ ~. PLANNING AND ZONING COMMISSION MEETING MINUTES - November 10, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Commissioners Bob Culley and Bud Sellers were absent. Clayton Husband, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Jones APPROVAL OF MINUTES October 27, 2003 Commissioner Kelly moved to written. Commissioner Swift acclamation. approve the minutes of the October 27, 2003 meeting as seconded the motion. The motion passed by unanimous ,. CITIZEN COMMENTS There was no comment. AGENDA ITEMS 1. Case Z-03.025 - Zoning change from CC1 to CC2 with a Special Use Permit for Automobile Sales on lot 1, Block 1, Tutan Addition, located at 5311 Colleyville Boulevard Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There were comments and discussion regarding fencing and parking regulations, the possible upgrading of the existing buildings, and the design study for Colleyville Boulevard. John Harmon, 3756 Oak Cove Lane, Bedford, TX, was present to represent the case. He displayed a layout and pictures of the property. He addressed the objection from the church located across the street. He answered questions by the Commission regarding the type of business he proposed to conduct in the accessory building behind the fence. He told the commissioners about the volume of automobile sales in comparison to the ancillary business that will take place in the accessory building. He said he will improve the condition of the existing fence, but the building is in good condition and is all brick and did not need improvements. The commissioners entered into discussion with the applicant about the three year projected business plans and the TXDOT right-of-way plans and the impact that has on the property. Planning & Zoning Commission Minutes - November 10, 2003 Page 1 of 5 Draft Copy Chairman Wall opened the public hearing. Those present wishing to speak were: J. T. Corley, 5409 & 5413 Colleyville Boulevard. He asked questions about the use of the accessory building and if they planned on working on the general public's automobiles. Lannie Wilkinson, 7705 Altcrest Drive, Grapevine. He spoke about the property being in the TIF district and how the inventory will show up on the end of the year property tax and how it will impact values. He said the business is near Lee Lighting and he would rather see a use rather than no use of the property, but questioned if this is the kind of business for the area with all the new growth related to Town Center. There was no one else wishing to speak and Chairman Wall closed the public hearing. The applicant addressed the concerns raised during the public hearing. Chairman Wall asked staff about the implications of the TIF district on the property and the best uses for the property. The commissioners entered into discussion about the Highway 26 Design Standards for the area and the impact the Economic Development Task Force's report will have in the future design and business uses in the area. The commissioners talked about the proliferation of automotive uses on Highway 26. The applicant explained his market plan and how there are only two other car lots in the city and there are 20,000 citizens who will be able to purchase cars in Colleyville. Commissioner Swift said that on the basis this does not conform to the bigger picture for Colleyville and Highway 26 design standards, he moved to deny the Zoning Change and Special Use Permit. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Jones Noes: Wall Chairman Wall said he would have preferred that the case was tabled so the commissioners could get a report on the effects of the TIF district on this property. 2. Case Z-03-025 - Zoning change from CN and R20 to PUD-C with a Special Use Permit for Alcoholic Beverage Sales on 2.17 acres located at the northeast corner of Precinct Line Road and McDonwell School Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall informed the commissioners that there were two letters received, one from the Keller ISO and a letter from Realty Capital. The commissioners entered into discussion about the current Master Plan for the area, the Precinct Line Neighborhood Study, State of Texas requirements for alcoholic beverage sales close to schools, and uses listed in the PUD-C. Planning & Zoning Commission Minutes - November 10, 2003 Page 2 of 5 Draft Copy Richard Myers, 32 Village Lane, Colleyville, Texas, was present to represent the case. He explained the importance of the property location in relationship to being a gateway into Colleyville. He explained how he intends to construct improvements to the McDonwell School Road intersection to alleviate the backup of traffic. Tom Wouters, 32 Village Lane, Colleyville Texas, discussed the design standards for the project. The commissioners entered into discussion about restaurants and possibility of drive thru services. There was discussion about possible uses and the kinds of business the leasing team is targeting. They entered into discussion about the possible roadway accesses for the elementary school. Tom Wouters said they plan on making the intersection safer. Chairman Wall opened the public hearing. Those present wishing to speak were: Jeff Baker, Keller ISO, explained the demographics of the area and the plans to build a school in the area. He also talked about roadway improvements. Mr. Baker said the Keller ISO is not opposed to the zoning change, just to the SUP for alcoholic beverage sales because of the proximity to the proposed school. Phil Casey, 8404 Precinct Line Road, said he has been to the Precinct Line Road Corridor meetings and this is a perfect start for development in the area including the SUP for alcohol. He said that will attract a quality restaurant and he is 100% in favor. Steven Friese, 6700 Curtis Road, said he does not approve of alcoholic beverages so close to schools. He said the elevations look nice, but he does not want to live in an area that has broken glass because of alcoholic beverage sales. Franklin Cox, 6608 Curtis Road, said he's lived in the area 32 years and he likes the plan. He asked questions about drainage due to the increase in concrete and roof tops. He said he has a problem with alcoholic beverage sales. He talked about flooding in the area and the traffic patterns. He said he didn't want the smell of fried foods in the area. Sammie Bolling, 6712 Curtis Road, said she's lived there since 1967 when the area was country. She said she is not opposed to the development. but explained the traffic problems that they have in the area. She said she is not in favor of alcoholic beverage sales. Brian Gogle, 6704 Curtis Road, said he is no longer opposed to commercial development. He said he is in favor of adding a turn lane, but 116 parking spaces would attract more traffic. He said traffic is a big concern, but he is concerned about alcoholic beverage sales and the added risk of impaired drivers. He told about the many children who live in the neighborhood who would be at risk. He said he is in favor of the zoning change, but not the alcoholic beverage sales. The Planning & Zoning Commission paused the meeting for a five minute break. They returned to the meeting at 8:50 p.m. Diane Williams, 6700 Herbert Road, said she is opposed to the development. She expressed Planning & Zoning Commission Minutes - November 10. 2003 Page 3 of 5 Draft Copy concerns about the alcoholic beverage sales. She told the commissioners about the current traffic problems in the area and how they will get worse because of development. There was no one else wishing to speak, and Chairman Wall closed the public hearing. The commissioners commented on how the drainage will be addressed at time of platting, the Precinct Line Corridor Study, the need for alcoholic beverage sales for a restaurant to be successful; the mix of business uses; the proliferation of spas and salons in Colleyville; and roadway improvements. Commissioner Swift said looking at the overall economic issues and the number of failed businesses on Highway 26, he would not be in favor of the sale of alcoholic beverages for off-premise consumption, but would favor sales in a restaurant. He said traffic is a huge issue and this plan exacerbates an existing problem. He said the developer's plans are valid for this site if he can work around the traffic issues. The commissioners entered into discussion about the screening requirements and street fees for Curtis Road and the need for the developer and the city to enter into discussions with the Keller ISD regarding traffic issues in the area. Commissioner Jones moved to approve the zoning change and SUP with the landscape screening proposed by the developer. Commissioner Byerly offered a friendly amendment to the motion by adding a statement that an entrance and exit onto Curtis from the site is banned. Commissioner Jones accepted the amendment. There was discussion about the cut-through traffic. Richard Myers entered into the discussion about traffic and how the improvements to the intersection will alleviate the problems. Tom Wouters said he has met with Fire Marshal Jeff Jones to discuss the traffic problems and intersection improvements. Commissioner Byerly seconded the motion to approve with the amendment. Commissioner Swift moved to amend the motion for approval with a statement that the sale of alcoholic beverages for off site consumption is not allowed. Commissioner Kelly seconded the amendment to the motion for approval. The vote on the amendment being: Ayes: Kelly, Swift, Noes: Byerly, Jones, Wall The amendment did not pass. The vote on the original motion with the amendment that an entrance and exit onto Curtis from the site is banned being: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None Planning & Zoning Commission Minutes - November 10, 2003 Page 4 of 5 Draft Copy 3. Discussion of the Master Plan Update: There was discussion about the last meeting with the South Colleyville Neighborhood. 4. Staff Comments, Reports and Discussion Items Clayton Husband distributed CD's of the Land Development Code and other studies to the commissioners. 5. Commissioners' Comments and Reports There was discussion about the second meeting in November being close to Thanksgiving and if there would be a quorum. Commissioners Byerly, Swift, Jones and Wall said they would be at the meeting. The Commission adjourned the meeting at 9:55 p.m. by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - November 10. 2003 Page 5 of 5 Draft Copy