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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-12/8/2003 "-',iLY,,, '(=~~~C5 -,,-:~:') - ,'--" T"x"" PLANNING AND ZONING COMMISSION MEETING MINUTES - December 8, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, and Jeff Wall were present. Commissioner Bob Culley was absent. Barry LeBaron, Clayton Husband, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Byerly APPROVAL OF MINUTES November 24, 2003 Commissioner Swift moved to approve the minutes of the November 24, 2003 meeting as written. Commissioner Sellers seconded the motion. The motion passed by unanimous acclamation. CITIZEN COMMENTS There was no comment. AGENDA ITEMS 1. Case P-03-037 - PUBLIC HEARING - Replat of Lots 2R & 3, Block 1, Peaceful Acres, located at 5413-5501 Montclair Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall opened the public hearing. There was no one present wishing to speak and the public hearing was closed. Commissioners Kelly moved to approve the replat. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 2. Case Z-03-028 - PUBLIC HEARING - An amendment to the PUD-C for the Village at Colleyville (0-02-1337.4) to allow a drive-through business on Lot 3 located at 23 Main Street Planning & Zoning Commission Minutes - Oecember 8, 2003 Page 1 of 4 Approved on January 12, 2004 Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. The commissioners entered into discussion with staff about the traffic circulation on the roadways and alley surrounding this parcel and the stacking distance being provided for cars at the drive through window. It was discussed how the developer originally proposed the prohibition of drive through windows so that any request would be considered on a case by case basis to preserve the integrity of the development. Jim Gilbert, applicant, was present to represent the case to the commissioners. He said there is a traffic median on Main Street and cars entering into the Village cannot turn left into the alley. He showed the location of the coffee shop and a rendering of the building. Commissioner Swift asked Mr. Gilbert if the coffee shop would not succeed, could another business could use the building. Mr. Gilbert responded that another food business could use the drive through window or if someone did not want a drive through window, they could remove it from the building. Mr. Gilbert entered into discussion with the commissioners and answered questions related to traffic patterns, stacking of vehicles, location of garages for the residents of the buildings, possible alternate uses for the space and the necessity and reasoning for a coffee shop to have a drive through window. Richard Myers was also present to represent the Village at Colleyville development. He answered questions about the original PUD ordinance that prohibited drive through windows within the development. He said the intention was to not allow a stand alone drive through building. He said the intent was to allow a request to be considered on a case by case basis. He also said the designs of the buildings in the Village eliminate fast food restaurants from considering locating in the Village. Chairman Wall opened the public hearing. Those present wishing to speak were: Richard Myers, 23 Village Lane, said he is in support of the project and a twelve foot alley is typical and used as a traffic calming devise. He said the City owns the alley and they can eliminate two way traffic if they desire, but he said a do not enter sign would be a better alternative. James Lyman, 756 Richmond Lane, said he is the potential user of the coffee shop space and he believes this lot has the best visibility in the Village and visibility is very important for success. He said that the market has changed from when coffee shops first entered into the market and people want to purchase coffee without leaving their cars. He said the drive through is a very important aspect of the business. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. Commissioner Swift moved to recommend approval of the request. Commissioner Jones seconded the motion. There was discussion with staff on monitoring the traffic flow. Staff said the Village is a pedestrian oriented development. The vote being: Planning & Zoning Commission Minutes - December 8, 2003 Page 2 of 4 Approved on January 12, 2004 Ayes: Kelly, Swift, Byerly, Seller, Jones, Wall Noes: None 3. Case Z-03-029 - PUBLIC HEARING - An amendment to the Special Use Permit for alcoholic beverage sales for off-premise and on-premise consumption in Town Center Colleyville Addition (0-03-1389) located at the southeast corner of Hall Johnson Road and Colleyville Boulevard Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. He said that staff had not recommended putting the language in the ordinance that is being requested to be removed. He said the request to remove the condition regarding the Montessori school will need to go before City Council for two readings and public hearings and then the applicant will have to request a variance from the alcoholic beverage regulations from City Council because the Council is the only body that can allow a variance from the City Code for this property. He said the advantage of a waiver being required is that any new user would have to request a waiver and it would be considered on a case by case basis. Charles Hodges, 13642 Omega, Dallas, was present to represent the request. He said it is perfect for a waiver for alcoholic beverage sales in this location to be considered on a case by case basis. He said it is also the intent of the developer to assure a quality restaurant in the development would be serving alcoholic beverages in this location. Mr. Hodges told the commissioners about Gloria's Restaurant and their other locations. He distributed a menu for the commissioners to look at. He explained that the front door faces west and Gloria's plan on having an outdoor seating area. He said that the alcoholic beverage requirement is a technicality of the law, but in actuality the school faces the opposite direction and is approximately 700' away. Chairman Wall opened the public hearing. There was no one present wishing to speak, and the public hearing was closed. Commissioner Jones moved to recommend approval of the requested change to the PUD. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 4. Case Z-03-030 - PUBLIC HEARING - Zoning Change from AG to R20 Single Family Residential, 0.9968 acres located at 1204 John McCain Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He said that correspondence was received after the packet had been prepared and the e-mail message has been distributed prior to the meeting to the commissioners. He said the Planning & Zoning Commission Minutes - December 8, 2003 Page 3 of 4 Approved on January 12, 2004 applicant would prepare a plat and address rights-of-way once the zoning change was completed. Chairman Wall opened the public hearing. There was no one present wishing to speak, and the public hearing was closed. Commissioner Byerly moved to recommend approval of the zoning change request. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 5. Discussion of the Master Plan Update: Barry LeBaron presented an outline of the various chapters being prepared for the final document. He said that within thirty days all of the chapters should be at a 90% completion level. There was discussion with staff and the commissioners about the upcoming importance of neighborhood meetings. Barry said he will provide a draft of the plan prior to any meetings. 6. Staff Comments, Reports and Discussion Items: Staff informed the commissioners here were no items received on the last case submittal deadline and consequently, there would be no meeting scheduled for December 22, 2003. 7. Commissioners' Comments and Reports: There was none. ADJOURNMENT The Commission adjourned the meeting at 8:15 p.m. by acclamation. Levy lanning & Zonin Approved on: January 12, 2004 as written. 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 - December 8, 2003 Page 4 of 4 Approved on January 12, 2004