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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-12/11/2006" ~' City of Colleyville - Minutes -Final s::, 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. City of Colleyville Page 1 Printed on 5/2/2007 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. City of Colleyville Page 2 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final December 11, 2006 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. City of Colleyville Page 3 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final December 11, 2006 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 City of Colleyville Page 4 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final December 11, 2006 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 City of Colleyville Page 5 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final December 11, 2006 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. City of Colleyville Page 6 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final December 11, 2006 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 City of Colleyvil/e Page 7 Printed on X2/2007 Planning and Zoning Commission Minutes -Final December 11, 2006 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. City of Colleyville Page 8 Printed on X2/2007 Planning and Zoning Commission Minutes -Final December 11, 2006 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. City of Colleyville Page 9 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final 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 City of Colleyville Page 10 Printed on 5/2/2007