HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-12/11/2006" ~' City of Colleyville
- Minutes -Final
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Planning and Zoning Commission
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Monday, December 11, 2006
7:00 PM
City Council Chambers
6:15 P.M. -PRE-COMMISSION WORKSHOP
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS
REGULAR MEETING
7:00 P.M.
1.
CALL TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville
was called to order by Chairman Byerly on December 11, 2006 at 7:08
p.m.
2. ROLL CALL
Present: Commissioners Robert McCormick, Dave Dudziak, Scott
Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly
Staff Present: Barry LeBaron, Chris Fuller, Fire Marshal Rob McKeown,
City Engineer Chad Bartee and Amy Shelley
3.
INVOCATION
The invocation was given by Commissioner Byerly.
4.
5.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Byerly moved to approve the November 27, 2006 meeting
minutes with corrections made to item 7b, the minutes show
Commissioner Byerly voted, but he had recused himself from this item.
Also, item 8a, one paragraph shows Commissioner Duffy speaking, but
Commissioner Duffy was not present at the meeting. Commissioner
Dudziak seconded.
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Planning and Zoning Commission Minutes -Final December 11, 2006
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a Approval of a Minor Plat of Lots 1 and 2, Block 1 of the Renfro Estates
Addition on 2 acres located at 2000 Renfro Drive, Case P-06-012
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Duffy questioned staff if a lot grading plan had been
submitted? Chris Fuller replied yes. Commissioner Duffy questioned
staff regarding where is the placement of the property line for Lot 2?
Chris Fuller responded by using the drawings provided.
Keith Chatham, the applicant, came forward to present the case and
brief the Commissioners.
Commissioner Duffy questioned Mr. Chatham if he plans to build on the
south lot now or later? Mr. Chatham replied later.
Commissioner Phelps stated the lot would only allow for a much smaller
house. Mr. Chatham stated still being able to build a 4,500 square foot
home.
Commissioner Phelps questioned staff regarding if the cul-de-sac is only
occurring because of this request or is it something that would occur
regardless? Barry LeBaron replied that since that street will not further
extend to the east, this is the opportunity to build a cul-de-sac to not
have a dead end street.
Commissioner Redfearn moved to approve case P-06-012.
Commissioner Phelps seconded.
The motion carried by the following vote:
7b
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
Approval of a Minor Plat of Lot 1, Block A of the Diaz Addition on 1.0
acre, located at 4800 Bransford Road, Case P-06-062
Chris Fuller presented the case and briefed the Commissioners.
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Commissioner Duffy moved to deny case P-06-062. Commissioner
Redfearn seconded.
Commissioner Byerly stated to staff to let the applicant know he can
present his plat once submittals are complete.
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
7c Approval of a Minor Plat of Lot 1, Block 1 of the Symphony Estates
Addition on 0.2 acres, located at 2305 Glade Road, Case P-06-063
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Duffy questioned staff if the sidewalk in place is
acceptable? Chris Fuller replied yes, however, if damaged occurs during
the construction, the developer will have to replace it.
Commissioner Dudziak questioned staff if this is on the master trail plan?
Chris Fuller replied no, it is on the sidewalk plan.
Commissioner Taylor moved to approve case P-06-063. Commissioner
Byerly seconded.
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
8. PUBLIC HEARING AGENDA ITEMS
8a Approval of a Request for a Zoning Change from CN-Neighborhood
Commercial to CC1-Village Retail on Lot 1, Block 1 of the Metrovest
Addition located at 6100 Colleyville Boulevard, Case Z-06-031
Chris Fuller presented the case and briefed the Commissioners.
Commissioner McCormick questioned staff regarding what is the
difference between the CN and CC1 zoning district's hours of operation?
Chris Fuller replied CN requires only during daylight hours, which
changes during daylight savings time, whereas, CC1 states throughout
the day and evening. Commissioner McCormick questioned staff if CC1
can be open all night? Chris Fuller replied presumably. Commissioner
McCormick questioned staff if restrictions could be placed on the hours
of operation if CC1 is approved? Chris Fuller replied because this is a
straight zoning request, conditions could not be applied.
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Commissioner Phelps questioned staff regarding what are the
differences in architectural requirements between CN and CC1? Chris
Fuller replied there are similar requirements for each zoning district. It
would be possible to achieve the same architectural design in both
zoning districts.
Commissioner Duffy questioned staff regarding what are the differences
between the parking requirements for the two zoning districts? Chris
Fuller replied the parking requirements are determined by the use, so the
number of parking stalls would be the same regardless of the use.
Commissioner Duffy stated the hours of operation can not be considered
because this is a straight zoning request, however, when they come
forward for permits, it seems like CN zoning gives the neighborhood the
hours of operation they could approve. The CC1 zoning could have
hours of operation into all hours of the night which the neighbors do not
want.
Commissioner Byerly opened the public hearing at 7:30 p.m.
Michael Berkowitz, representing the applicant, came forward to present
the case and brief the Commissioners.
Commissioner Taylor questioned Mr. Berkowitz what types of tenants
are there going to be in this development? Mr. Berkowitz stated usually
day businesses, insurance agencies, title companies, Monday through
Friday, 8 am to 5 pm. Some restaurant uses like ice cream shops that
would generally be closed by 8 or 10 pm.
Commissioner McCormick questioned Mr. Berkowitz regarding why does
the applicant want both lots to be zoned CC1? Mr. Berkowitz stated
some of the uses for the CC1 zoning district would compliment the
center.
Ernest Hedgcoth, came forward to speak on behalf of all of the residents
on Ponderosa. He stated they are all in opposition to the rezoning
request. He stated wanting the current zoning to stay in place.
There being no one wishing to speak, the public hearing was closed at
7:45 p.m.
Commissioner Dudziak questioned Mr. Berkowitz regarding if the CC1
zoning is not approved, will the project still be developed? Mr. Berkowitz
stated yes, the project would be better balanced if the zoning is uniform.
Commissioner Taylor questioned Mr. Berkowitz if a restaurant could be
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placed in the current CC1 zoning? Mr. Berkowitz replied yes, however,
the CC1 zoning is on the other end of the development and the applicant
would like to have the restaurant use on the lot next to Hardage which is
currently zoned CN.
Commissioner Redfearn questioned Mr. Berkowitz if he has talked with
the neighbors? Mr. Berkowitz replied yes, some of them, but he stated
he has had to leave messages for others.
Commissioner McCormick replied Hardage is the entrance to this
neighborhood. He stated if the CN zoning district is acceptable and the
project will be built regardless, then he stated leaving the zoning as is.
Mr. Berkowitz stated wanting to provide a service to compliment the
neighborhood. Commissioner McCormick stated the hours of operation
are a concern to the neighborhood.
Commissioner Taylor questioned Mr. Berkowitz if he has a financial
institution coming to this property? Mr. Berkowitz replied not certain at
this time.
Commissioner McCormick moved to deny case Z-06-031.
Commissioner Duffy seconded.
Commissioner Byerly stated not seeing any of the uses in CC1 zoning
district requiring the need to be open 24 hours. He stated if a restaurant
were to be placed on the property and they did want to sell alcohol, the
restaurant would have to apply for a special use permit to allow for
alcohol sales.
Commissioner McCormick stated if the applicant is to need another use,
he can come back and apply for a special use permit.
Commissioner Duffy stated Colleyville has strip centers that are not fully
occupied now. He stated, from a planning standpoint, strip centers are
not needed in Colleyville. He stated he has not seen a stand alone
restaurant come to Colleyville that has survived.
Commissioner Taylor stated that when this many homeowners show up
and speak in opposition to a request, the Commission has to listen.
However, the applicant has stated the project will be developed
regardless. But, when looking for tenants to rent those spots, it will be
difficult if a tenant wants more space but can not achieve what they are
wanting because the spaces are not together.
Commissioner Phelps stated not having any issues with the strip center,
however, the interests of the residents need to be taken into
consideration. It seems that something will be developed on this
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property.
Commissioner Dudziak questioned staff regarding what is the dawn till
dusk operation mean? Barry LeBaron replied night time hours are lam
till 10pm at night.
The motion carried by the following vote:
Aye: 5 -McCormick, Redfearn, Taylor, Phelps, Duffy
Nay: 2 -Dudziak, Byerly
8b Approval of a Request for a Special Use Permit for a coffee shop on Lot
1, Block 1 of the Highland Meadows Christian Church Addition located at
2600 Hall Johnson Road, Case Z-06-032
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Duffy questioned staff regarding if the SUP is specific?
Barry LeBaron replied the ordinance has the conditions for a coffee shop
which limit the size to 250 square feet. Staff recommends limiting the
outside advertising to the institutional size signs.
Commissioner Duffy questioned staff if the church were to leave, does
the SUP stay in place? Barry LeBaron replied that condition is not in the
ordinance, but it can be recommended.
Commissioner Byerly opened the public hearing at 8:05 p.m.
Alicia Davenport, the applicant, came forward to present the case and
brief the Commissioners.
Commissioner Duffy questioned staff if the applicant is in the church's
name or in Ms. Davenport? Ms. Davenport stated she is the director
over food services, she is applying on behalf of the church.
Commissioner Dudziak questioned Ms. Davenport regarding what are
the hours of operation? Ms. Davenport replied Monday through
Thursday 6:30 am to 1:30 pm, reopening again at 5:30 pm until 10 pm.
Sunday 6:30 am to 9 pm.
Commissioner Duffy questioned Ms. Davenport regarding if the coffee
shop opened in advance of this hearing? Ms. Davenport replied opening
with the certificate of occupancy to members only. There has not been
any advertising or signage. Barry LeBaron replied they are wanting to
use the special use permit for the commercial use part. The is nothing
that prevents the church from having it's own coffee shop for it's own
members.
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Commissioner Phelps questioned Ms. Davenport regarding if there are
any requirements on her part to reselling Starbucks products? Ms.
Davenport replied they are very strict. The church strictly uses the
Starbucks product because of it's name recognition. Starbucks is not
listed on any of the paper pamphlets. The church uses their product. As
part of the package purchased from Starbucks, the coffee shop states
they proudly brew Starbucks coffee.
Commissioner Phelps questioned Ms. Davenport regarding if only coffee
is being requested to be sold, are there any other products? Ms.
Davenport replied only using the Starbucks coffee product to sell, but at
some point, she would like to serve soup.
Commissioner Dudziak questioned Ms. Davenport if she is going to sell
all of the coffee cakes and muffins that Starbucks offers? Ms. Davenport
replied no, just the coffee. She also stated wanting to eventually sell
muffins, but not Starbucks muffins. She will bring in pre-packaged
products to sell. There is not a commercial kitchen facility on location to
bake those products.
Commissioner Dudziak questioned Ms. Davenport regarding signage,
what are the plans? Ms. Davenport replied minimal signage, at this time,
there is a sign referring to The Gathering Place so that the church
members know where the entrance is to the coffee shop.
Commissioner Dudziak questioned Ms. Davenport if she is required to
have to use Starbucks pricing? Ms. Davenport replied no, she can not
put out their emblem. She stated her pricing is 20% less.
Commissioner McCormick questioned Ms. Davenport regarding the
entrance to the coffee shop? Ms. Davenport used the drawings provided
to show the entrance to the coffee shop. Commissioner McCormick
questioned Ms. Davenport regarding if there would be a drive-thru
window placed there? Ms. Davenport replied no.
Marie Pennington, 2516 Hall Johnson Road, spoke in opposition to the
request and stated the coffee shop is a commercial use for profit. She
stated the church is anon-profit organization and the land is zoned
agricultural.
Commissioner Redfearn questioned Ms. Pennington whether or not she
is a member of the church? Ms. Pennington replied no.
There being no one wishing to speak, the public hearing was closed at
8:15 p.m.
Commissioner McCormick concurred with Ms. Pennington's remarks and
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stated having issues for the mixed use for this property.
Commissioner McCormick moved to deny case Z-06-032. Motion died
for lack of second.
Commissioner Redfearn moved to approve case Z-06-032.
Commissioner Taylor seconded.
Commissioner Dudziak stated the SUP is too vague as to what is going
to be allowed.
Commissioner Redfearn questioned if this SUP is limited to just coffee,
or are they going to sell other items typically in a coffee shop? Barry
LeBaron replied yes, items typically in a coffee shop, however, the SUP
can be made more specific.
Commissioner McCormick questioned staff regarding if the coffee shop
is limited to the 250 square feet? Barry LeBaron replied yes.
Commissioner Byerly stated being in favor of the coffee shop but
concurred with Commissioner Dudziak in that there needs to be some
limitations. He stated the limitation on the outside advertising that staff
has recommended and the SUP should be tied to the church, the hours
of operation should be set to 6:30 am to 10 pm and tie it so that any use
would be limited to the neighborhood commercial zoning regulations.
Commissioner Duffy questioned staff regarding parking on Pool Road, is
that allowed? Barry LeBaron replied unless there is a no parking sign on
Pool Road, the parking would be allowed. Commissioner Byerly stated
parking would not be an issue because the church has ample parking
spaces. Commissioner Duffy stated limiting the parking to the church
parking areas.
Commissioner Dudziak stated having concerns for the selling of other
products, such as coffee mugs, picture frames which would open the
retail more than what the CN-Neighborhood Commercial zoning district
would allow. He stated not wanting to see this grow into a bookstore,
however, just a coffee shop is fine.
Attorney Kallas stated the Commission should list the products which are
allowed to be sold, the term coffee shop, unless specified, would be
defined in the customary and traditional use would be allowed in this
location.
Commissioner Dudziak stated wanting to be as specific as possible.
Attorney Kallas stated a list of items that can or can not be sold can be
stated in the SUP.
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Commissioner Dudziak questioned Ms. Davenport regarding what types
of items do you anticipate to sell? Ms. Davenport replied anything made,
as far as baked goods, have to be brought in because there is not a
commercial kitchen facility to cook them. Soup can be cooked in the
kettle the church has. She stated they will not be selling mugs.
Everything that they publish states The Gathering Place.
Commissioner Byerly questioned Ms
to food and beverage products,
Davenport replied yes.
,Davenport that if the SUP is limited
would that be acceptable? Ms.
Commissioner Duffy questioned Ms. Davenport regarding what is the
percentage of sales coming internal? Ms. Davenport replied only 5 to
10% has been from outside sales, people jogging by and so forth. Barry
LeBaron stated a condition that could be placed in the SUP would be no
commercial kitchen facility.
Commissioner Phelps questioned Ms. Davenport regarding if she and
her staff will have to comply with the regular regulations that a restaurant
does regarding the coffee shop? Ms. Davenport replied she and her
staff have to be serve-safe certified and they are.
Commissioner Phelps questioned staff if they are aware of any other
institutions that have this type of facility or retail in their establishments?
Barry LeBaron replied not being aware of any in Colleyville.
Commissioner Dudziak questioned staff regarding if they are worried
about setting a precedent with allowing a retail establishment in a church
facility? Barry LeBaron stated because staff had the applicant come
forward for the special use permit will eliminate the precedence setting of
retail establishments in institutional facilities. Special use permits require
conditions.
Commissioner Dudziak questioned Attorney Kailas if there is any legal
aspect for the city regarding this retail facility? Attorney Kailas replied
no, there are some precedent value, however the SUP is designed to be
tailored to the specific conditions that are presented here.
Commissioeer Duffy questioned staff regarding if a church wants to start
a day care facility or any business, and the church charges for that
service, would they need a SUP? Barry LeBaron replied yes.
Commissioner Redfearn stated for clarity the signage requirements are
located in Chapter 7 of the Land Development Code, and he questioned
if these are the standards that the church will have to uphold? Barry
LeBaron replied yes.
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December 11, 2006
Commissioner Redfearn stated for clarity, the conditions for the Special
Use Permit and those being: 1) to tie the SUP to the Highland Meadows
Christian Church ownership of the property; 2) set the hours of
operation for the coffee shop to be 6:30 am to 10 pm 3) disallow any
commercial kitchen facility in this site plan 4) and limit the coffee shop to
foods and beverages, commonly sold in a coffee shop. Commissioner
Taylor approved of the amendments for the conditions.
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Dully,
Byerly
9.
STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
Barry LeBaron suggested to the Commissioners to change the next
scheduled meeting to January 4, 2007 instead of January 8, 2007 since
there will not be a meeting on December 25, 2006 as regularly
scheduled. This will also allow the applicants to meet the first city
council meeting instead of having to wait until the second city council
meeting in January.
10.
COMMISSIONERS' COMMENTS AND REPORTS
Commissioner Redfearn wished Commissioner Taylor a happy birthday.
11.
ADJOURNMENT
There being no further business before the Planning and Zoning
Commission, Commissioner Byerly moved to adjourn at 8:35 p.m.
Approved by acclamation.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on December 7, 2006.
Amy Shelley, Planning and Zoning Assistant
Meeting Minutes Approved on January 4, 2007
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