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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/12/2010,,, ,,, City Hall ,~, ,- ,,~, . City of Colleyville 100 Main Street '~~a'~; ~ Colleyville, Texas 76034 Minutes -Final 817.503.1000 www.colleyville.com Planning and Zoning Commission Monday, July 12, 2010 6:00 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF CITY EMAIL ACCOUNTS FOR PLANNING AND ZONING COMMISSIONERS DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda City Attorney Michael Kallas explained that the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal. He further explained that there would be no decisions made or actions taken during this time. The meeting was recessed at 6:28 p.m. into executive session and reconvened into open session at 6:46 p.m. 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Dudziak on July 12, 2010 at 7:05 p.m. Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, and David Phelps Absent: Commissioner Byerly Staff Present: Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, City Engineer Jeremy Hutt, City Manager Jennifer Fadden, Police Chief Steve Dye and Fire City of Colleyville Page 1 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 Chief Russell Shelley, Fire Marshal Rob McKeown 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Redfearn moved to approve the June 28, 2010 meeting minutes as written. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Phelps Absent: 1 -Byerly 6. RECOGNITION OF OUTGOING MEMBER The Planning and Zoning Commissioners recognized Commissioner Clardy's service on the Commission and thanked him for his service. 7. SWEARING IN OF NEWLY APPOINTED MEMBER Amy Shelley administered the Oath of Office to the newly appointed member Don Davis, Place 6, to the Planning and Zoning Commission and the Capital Improvements Advisory Committee. He then took his place on the diaz and from this point forward was included in the vote. 8. APPOINTMENT TO PARK LAND DEDICATION COMMITTEE Commissioner Redfearn made a motion to appoint Commissioner Rotthaus to the Parkland Dedication Committee. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Davis, Rotthaus, Phelps Absent: 1 -Byerly 9. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 10. PUBLIC HEARING AGENDA ITEMS 10a Approval of a request to rezone 8.1 acres from the CC2-Shopping Center zoning district to the PUDC-Planned Unit Development Commercial zoning district on Tract 1 B1 of Abstract 1154 of the R.H. Survey located at 8100 Precinct Line Road, Case ZC10-017 Ron Ruthven presented the case and briefed the Commissioners. City of Colleyville Page 2 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 Commissioner Redfearn questioned staff regarding the limited number of parking spaces. Ron Ruthven stated the Land Development Code requires one space per unit therefore they would be required to provide 93 spaces. However, the residents of the facility will not be driving therefore the spaces would be for employees and visitors. Staff feels that adequate parking has been provided. Commissioner Phelps questioned staff regarding how the waivers will work if the facility is not developed and the CC2 zoning uses remain in place. Ron Ruthven replied an amendment to the PUD would have to take place if the facility is not constructed. Commissioner Phelps questioned staff regarding what the value is of retaining those CC2 zoning district uses. Ron Ruthven replied the applicant stated they wanted those uses to remain in the event that the property does not develop as requested. Commissioner Dudziak questioned staff regarding if this zoning request will supercede the current zoning. Ron Ruthven replied correct; the applicant wishes to keep the existing CC2 zoning uses in the event that the facility does not develop. He further stated that the draft ordinance is written so that the CC2 zoning district uses are limited to the other tract, not the assisted living facility tract. He suggested the Commission allow either or but not both uses in the draft ordinance. Commissioner Rotthaus questioned staff regarding if there are any other security related issues with regards to this case that should be considered in the ordinance. Ron Ruthven stated they are going to have 24 hour surveillance security cameras in place and the property will be gated. Commissioner Phelps questioned staff regarding the 25 foot versus the 40 foot set back; are the adjacent developed properties in compliance with this property with regards to this setback area? Ron Ruthven replied the adjacent residential properties have two open space, undeveloped areas. He stated most properties are undeveloped along Lavaca Trail. Commissioner Dudziak opened the public hearing at 7:22 p.m. Tony Callaway, with Miller Hodges Architects, the applicant came forward to present the case and brief the Commissioners. Steve Garman, 704 Saddlebrook Drive, Colleyville, is the operator of the proposed development, came forward to present the case and brief the Commissioners. City of Colleyville Page 3 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 Commissioner Redfearn questioned Mr. Garman if this will be developed in phases. Mr. Garman replied the main building is one phase and the cottages are to be constructed in Phase II. Commissioner Redfearn questioned Mr. Garman regarding the location of the kitchen. Mr. Garman replied the kitchen is in a dedicated area, the common area. He stated it will be a central kitchen. Commissioner Rotthaus questioned Mr. Garman regarding how much of an impact there will be to police and what are the statistics of the frequency of emergency for ambulance visits. Mr. Garman replied usually not more than two a month; however every case is individual. He stated doctors will visit inside the facility. Commissioner Phelps questioned Mr. Garman regarding the briefing states that there are 18 cottages; however the conceptual site plan depicts 14; what is the difference in the number? Mr. Garman referred to Mr. Callaway; Mr. Callaway stated there are to be no more than 14 cottages, with no more than 18 residents. They have allowed for the maximum number of 18 for the transition of the spouses; the spouse may come back in the evening with the care giving spouse until the full transition has been made to a full time patient. Commissioner Phelps questioned Mr. Garman on whether or not there are full size kitchens in the proposed cottages. Mr. Garman replied these cottages are designed to be a short term stay; therefore an efficiency kitchen is provided in the cottage. Commissioner Phelps questioned Mr. Garman regarding if there are special requirements for the fire protection in those cottage units. Mr. Garman replied that these cottages will meet the fire and building codes. Commissioner Dudziak questioned Mr. Garman regarding ingress and egress with parking spaces. Mr. Garman replied that the visits to the residents tend to drop off after a period of time therefore, at the maximum, the employees spaces will be the only ones filled to capacity. Commissioner Dudziak questioned Mr. Garman regarding if there is a plan in place in case a resident wanders away. Mr. Garman replied these residents are monitored by an apparatus attached to them. He stated they are required by the state to have these procedures in place before it can open. He stated they will know when someone leaves their room, leaves the pod, leaves the area in which the pod is located or gets out of the gated area. Commissioner Phelps questioned what is the rational for the need of the City of Colleyville Page 4 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 waiver request for the 25 versus the 40 foot setbacks. Mr. Callaway came forward to brief the Commissioners with regards to the conceptual site plan and design layout. He stated the facility is a single story facility. He stated because of the ponds they do not have a great amount of flexibility with the design layout. He stated they will not want to take away the existing tree buffers. He stated they do meet the landscaping requirements. He stated the cottage design is not set. He clarified that they fully expect to build the project, however the current land owner has requested that the current CC2 zoning district uses be kept in case the project is not funded. Commissioner Phelps stated for clarification that the ordinance reflects the CC2 zoning district uses remains for tract 1 only. Mr. Callaway stated he did request staff to have the uses on both tracts and stated if this is approved he would like for those uses to remain on tract 2 as well. He stated that any other changes would require an amendment to the PUD. He stated they would like to have an architectural feature that would exceed the 35 foot height maximum. He stated they are looking at co-development for the front tract; it is under an option. Commissioner Dudziak questioned Mr. Callaway regarding open space; he stated the site plan does not have any sidewalks except for a small courtyard; there is no designated open space areas. Mr. Callaway stated there is a potential for garden areas but because of the security issues, the open space areas would have to be fenced. He stated they will accommodate an area for emergency evacuations. He stated the design will have to work best for the security issues. Commissioner Dudziak stated there is a lot of open space containing water which does not meet the open space requirements. Mr. Callaway stated this is a drainage area and they plan to make the water features an amenity in the area. He stated the property line goes right down the middle of the drainage easement. He stated they will work with staff to make the development in compliance with the code. Judy Ruggere, 1013 and 1101 West Lavaca Trail, spoke with concerns for the drainage issues. She stated she would like some resolution with the drainage before this project moves forward. Randy Gray, 6233 Cimmarron Trail, spoke with concerns for the parking, the setbacks, lighting and the size of the development. He stated he was not necessarily opposed the development; he would like to visit with the applicant. John Fegan, 1303 Bellefonte Lane, the owner and developer of the Villas of Colleyville, came forward and spoke in opposition to the request with concerns for the setbacks, trees being removed, traffic on Lavaca Cify of Colleyville Page 5 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 Trail, the use of the cottages that could turn into an apartment complex, the dual zoning, any structure greater than the maximum of 35 feet, lighting next to a residential area and the screening plans. Charles Hodges, 13642 Omega, business owner and developer in Colleyville spoke in favor of the request. Economic Development Director Marty Wieder came forward to present the economic development side of the request. Commissioner Dudziak questioned staff regarding if this is really the best use of this area given this is a commercial, retail property. Marty Wieder replied this area is adjacent to a medical office property. He stated retail usually goes at hard corner, signalized areas. He stated this could spur redevelopment for the whole area. He stated this will help the daytime population for those restaurants in our area. Mr. Callaway came forward to address some of the issues that were brought up during the public hearing. He stated the drainage study could be addressed at the time of the development of the property. He stated they will work with the engineering department for that issue. He stated this is a unique development which will be specific to the needs of the patients. He stated they will mitigate any trees to be removed. He stated they will work with the code in regards to the lighting. He stated this will be a low impact to the traffic generation. He stated if the removal of the cottages would be more appealing for the approval, they would be able to work with that. He stated the architectural feature is at least 200 feet away from any residential use and stated they would like to have that feature remain. Commissioner Phelps questioned Mr. Callaway regarding the cottages, would you be willing to have general restrictions, like facing them toward the development rather than facing Lavaca Trail? Mr. Callaway replied they will work with staff with any recommendations. Commissioner Dudziak questioned Mr. Callaway regarding if they would like to keep the cottages or have them omitted. Mr. Callaway stated they would like to leave the cottages in the request; however, he further stated that they would rather the Commission delete the cottages rather than deny the request because of the cottages. There being no one wishing to speak, the public hearing was closed at 8:30 p.m. Commissioner Phelps questioned staff regarding that there is little or no language regarding what code the cottages will follow; what part of the code would govern those cottages, how many units? Ron Ruthven City of Colleyville Page 6 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 replied the ordinance does address the cottages with regards to rentals. Commissioner Phelps replied yes, that is a usage statement not a building code statement. Ron Ruthven stated the cottages will have to meet all of the life safety codes (building and fire) with regards to construction. Commissioner Redfearn stated the ordinance does not mention that they would be single story units. Commissioner Phelps questioned staff with regards to whether there are any building code standards different than building code standards for the assisted living facility. Ron Ruthven stated the story height can be addressed in the ordinance and he further stated that, with regards to the actual patient facility, they will have to meet the city and state regulations. He stated the cottages will meet the building and fire code just like a residence. Commissioner Phelps questioned staff regarding the adjacent property and the setback with regards to this development; are they in compliance with the setback for this development? Ron Ruthven stated the closest home is set back 100 feet from Lavaca Trail. He stated the residential developments have open space buffers. He stated the closest setback allowed would be the lots zoned R20-Single Family Residential with a 30 foot front setback. Commissioner Phelps stated he had concerns with the apartment style use of the cottages. He stated the lots on Cimmarron next to Lavaca Trail, are open space lots? Ron Ruthven concurred and replied they are 40 feet in width from Lavaca Trail. Commissioner Redfearn questioned staff regarding if the cottages were setback from Lavaca Trail 40 feet, could parking still be within that setback. Ron Ruthven replied, yes. Commissioner Dudziak questioned staff regarding if the open space calculation is done on tract 1 and tract 2 or is it done just on tract 2. Ron Ruthven replied just tract 2. Commissioner Dudziak questioned Fire Marshal Rob McKeown regarding if there is adequate street access. Rob McKeown replied, yes. Commissioner Dudziak questioned Rob McKeown regarding if there is a higher emergency use than the applicant is estimating with this older population. Rob McKeown replied the applicant is close since there is no real way to know when an emergency will occur or is necessary. He stated they take the patient to the facility of their choosing, unless it is life threatening then medial personnel will choose the facility which is easiest City of Colleyville Page 7 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 and quickest to reach. Commissioner Dudziak questioned Police Chief Steve Dye regarding if there are any traffic issues with this use on Lavaca Trail and Precinct Line. Chief Dye replied that this will be low impact to any traffic concerns. Commissioner Dudziak questioned Chief Dye regarding if he has any concerns about drainage causing a problem with safety in this area. Chief Dye stated he would have to refer to the City Engineer Jeremy Hutt for drainage issues. Chief Dye stated water in the roadway could cause an issue but there have been no issues to his knowledge. Commissioner Phelps stated he would prefer not allowing the setback waivers; it is a conceptual site plan with some flexibility; he doesn't believe the five feet would hurt either way; 25 feet versus the 40 foot setback on the front. He sees that as an opportunity to be creative especially with possible road flooding; he stated having the cottages would contribute to the value of the site and the residential area; stated having reservations with filling that space with a parking lot; he stated one restriction would be to have the development be single story; he would like to see the entrances to the cottages be interior entrances, not facing Lavaca Trail. Commissioner Redfearn questioned Commissioner Phelps, for clarity, not south facing. He stated he does not want entrances to face Lavaca Trail to give the appearance of apartments or a hotel. Commissioner Redfearn stated being supportive of an architectural feature not higher than 50 feet; one story limitation on the cottages; the CC2 permitted uses to be limited on tract 1 only, but tract 2 be specific for an assisted living and memory care facility only. He stated it is cleaner for the draft ordinance to be left like it is. Ron Ruthven reminded the Commissioners that the Land Development Code currently exempts architectural features from the 35 foot height limitation. The Commissioners concurred that the feature could be limited. Commissioner Phelps stated the ordinance language needs to reflect the occupancy on the cottages, not necessarily the number of units. He stated limiting the number to 14 cottages with no more than 18 occupants. Mr. Callaway concurred with that recommendation. Commissioner Rotthaus stated having an issue with the limited amount of parking spaces, especially if there are two people who are dwelling in the cottages who are driving. Mr. Callaway stated the cottages are limited for a transitional period only; they are to be temporary. City of Colleyville Page 8 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 Commissioner Dudziak stated having an issue with the overall use for this property. He stated it is a good transition between residential and a retail area. He stated he would like to encourage retail on the corner. He stated having an issue with attaching the CC2; it should either be CC2 or PUD on tract 2. Ron Ruthven stated there are no CC2 uses attached to tract 2 in the draft ordinance. Commissioner Phelps moved to approve case ZC10-017 with the following amendments: 1) Setback waivers to be removed; 2) Cottages be restricted to one story unit with no southern entrances; 3) No more than 14 cottage units which may not exceed 18 occupants; 4) Limit the height of a single ornamental feature which may not exceed 50 feet in height. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Davis, Rotthaus, Phelps Absent: 1 - Byerly 10b Approval of a request for a Special Use Permit for a Package Store on Lot 2, Block 1 of the Glade Points Addition located at 4200 Glade Road, Case ZC 10-011 Before this case was heard, the Commissioners took a break at 9:10 p.m. and returned at 9:18 p.m. It was during this time that Commissioner Rotthaus had a family emergency and had to leave the meeting; therefore, he is not included in the remainder of the votes. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Knox questioned staff regarding the number of parking spaces on the exhibit reflect 36, but the briefing reflects 48, what is the difference? Ron Ruthven replied, 48 are required per the code. Commissioner Dudziak questioned staff regarding if the parking spaces by the gas pumps count towards that number. Ron Ruthven replied yes. Discussion occurred between staff and Commissioner Dudziak regarding parking and sidewalk areas on the exhibits. Commissioner Dudziak stated there does not appear to be alot of maneuvering space in the parking areas. Ron Ruthven stated the exhibits meet the Land Development Code requirements. Commissioner Redfearn questioned staff regarding the SH121 side, next to the dumpsters; what is this area? Ron Ruthven replied that is the propane area and a covered awning with firewood sales. City of Colleyville Page 9 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 Commissioner Davis questioned staff regarding if the propane sales will remain. Ron Ruthven replied the applicant is requesting the propane sales to remain; however staff recommends removing the propane sales as it would not be allowed if this were a new development. He stated the propane structure is beyond the front build line. Commissioner Dudziak questioned staff regarding if the propane can be removed or not because it is grandfathered in. Ron Ruthven replied it is grandfathered in as the business exists today, however as part of the condition of approval of the SUP request, it could be removed. Commissioner Dudziak questioned staff regarding the building design standards; is the applicant making any adjustments to the facade to bring them up to current standard? Ron Ruthven stated the applicant wishes to put some austin stone accents on the front. He stated if those stones stick out from the building itself, it could count towards the building design score. He stated they could also put awnings over the windows to bring the score up to 25. Commissioner Phelps questioned staff if the entrance to Glade Road from SH121 would be allowed if built today. Ron Ruthven replied the driveway would not be allowed and it could also be a condition of approval to close the driveway. Commissioner Phelps questioned staff if the access agreement has been met with the adjacent property owner. Ron Ruthven stated the applicant is working with that property owner, but an agreement has not been submitted. Commissioner Redfearn questioned staff regarding how the parking spaces are calculated for the business. Ron Ruthven replied 48 are required by the code. He further stated the total gross square foot of the building is divided by 200. Commissioner Redfearn stated the gross square footage on the exhibit indicates 7,240 which would make 36 parking spaces. Ron Ruthven replied he used the square footage indicated on the appraisal district to calculate the parking spaces. He stated the upstairs office may have added to the square footage. Commissioner Dudziak opened the public hearing at 9:36 p.m. Charlie Hall, 5606 Amador Trail, the applicant and property owner of Hall's Grocery, came forward to present the case and brief the Commissioners. Commissioner Knox questioned Mr. Hall regarding if the future access is being worked on. Mr. Hall replied yes, he is trying to get the agreement. City of Colleyville Page 10 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 Commissioner Dudziak questioned Mr. Hall's understanding an agreement may be a requirement of the proposed ordinance. Mr. Hall replied he understands. Robert Johnson, 2900 Glade Road, came forward to help answer questions. He stated that future access to the adjacent stores may be very difficult to get. He stated they have met the parking requirements. Ron Ruthven stated with this location, because it is going to be very busy, he suggests having more parking than what is required. Commissioner Redfearn questioned Mr. Hall regarding if he would have any issues with bringing the property up to current standards with regards to landscaping and building design standards. Mr. Hall replied he would be willing to do whatever is necessary. He stated he has plenty of shrubs along the back side of his building and along the southwest corner of the property. Commissioner Redfearn questioned Mr. Hall regarding the firewood, propane and plant sales. Mr. Hall replied he would like to keep the firewood sales for seasonal times; he stated the plant sales are going to be gone as soon as he sells out of everything and stated he needs to keep the propane sales because those make him a profit. Commissioner Dudziak stated having an issue with the propane sales and questioned Mr. Hall regarding if the propane sales were made to go away, would that be a deal breaker on the request for the SUP for liquor sales. Mr. Hall replied he would like to keep the propane sales. Commissioner Phelps questioned Mr. Hall regarding if he would be willing to move the propane tank 10 feet to the west. Mr. Hall replied he would be ok with moving it, if staff would like for it to be moved. He stated he has taken all safety precautions for the propane sales with state requirements. Commissioner Davis questioned Mr. Hall regarding if the plant and produce sales have closed. Mr. Hall replied, yes. Commissioner Davis questioned Mr. Hall regarding if the deli will remain open. Mr. Hall replied yes. Commissioner Davis replied he has given up some of his sales. Mr. Hall concurred and stated the propane sales are a profit for him. Commissioner Phelps questioned staff regarding if there will be an issue with the driveway route if access is not granted by the adjacent neighbor. Ron Ruthven replied the property meets fire code for access. Reece Norris, 3407 Langley Hill Lane, spoke in opposition to the request with concerns for the students in the area, crime and the overall idea of City of Colleyville Page 11 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 Colleyville having liquor sales. Shauna Ferguson, 3404 Langley Hill Lane, spoke to the request with concerns for keeping the liquor stores from not looking like other liquor stores. She questioned what can be done to manage them being all over Colleyville. There being no one else wishing to speak, the public hearing was closed at 9:59 p.m. Marty Wieder stated the citizens have logged their request. He stated there is a potential for sales revenue. Commissioner Redfearn questioned Police Chief Steve Dye regarding what concerns he may have for liquor stores. Chief Dye came forward and presented his findings and an overview for liquor stores. Commissioner Davis questioned Chief Dye regarding if these recommendations have been covered with Mr. Hall. Chief Dye stated they had not; however Ron Ruthven has covered this information with the applicants. Ron Ruthven concurred. Commissioner Phelps questioned Chief Dye regarding the word recommendation has been used frequently throughout his presentation; to what extent are these requirements and not recommendations? Chief Dye replied he would refer that to Ron Ruthven. Ron Ruthven replied staff would include those in the ordinance as regulations and would make sure they were in complete compliance before they received their Certificate of Occupancy. Commissioner Dudziak questioned Chief Dye regarding the windows to the facility, are you suggesting there be no obstructions, free from shelving. Chief Dye replied they are asking for a clear line of sight to the cash register to the parking lot so that officers can see the cashiers as they drive by. He stated the criminal elements will look to see if there is clear visability. Commissioner Davis stated not wanting to make a business owner get rid of a profit center especially in the economy that we are currently in. Commissioner Davis questioned Fire Marshal Rob McKeown regarding if he inspects this location. Rob McKeown replied he does not inspect this location. He stated the Texas Railroad Commission inspects this location and he stated there are currently no fire code violations. Commissioner Dudziak questioned Mr. Hall regarding if he will comply with the number of employees. Mr. Hall replied, absolutely. City of Colleyville Page 12 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 Discussion occurred by staff and Commissioner Phelps regarding the fire lane access and the benefits of having the lane. Commissioner Davis questioned staff regarding why it is that staff is asking Mr. Hall to get rid of the propane? Ron Ruthven stated no structures are allowed in the front setback, as a new development, the propane would not be allowed in this front setback. Commissioner Redfearn questioned staff regarding section 1. e. of the ordinance, "prior to the issuance of the certificate of occupancy" would that be for the new build out. Ron Ruthven concurred. He also stated the liquor store will require a new suite unit and a new Certificate of Occupancy. Commissioner Phelps questioned staff as this exhibit reads, the dumpsters are on the wrong side of the setback along with the propane tank. Ron Ruthven replied the dumpsters and the propane tank are recommended to be located behind the front setback. Commissioner Redfearn questioned staff regarding if the dumpsters can sit within a walled off area. Ron Ruthven replied there are no setback requirements for dumpsters. He stated it is best to have dumpsters located behind the front setback. Ron Ruthven replied they are allowed as long as they are not located along the property line or obstructing the view of traffic along the road. Commissioner Dudziak stated this is an opportunity for the Commissioners to help bring businesses up to current Colleyville standards especially since there are more requests like this to consider. He stated he does not want the dumpsters to face SH121. Commissioner Redfearn questioned staff regarding how long after City Council approves this would it take this business to begin selling liquor. Ron Ruthven replied about 4 to 6 weeks, according to TABC. Commissioner Redfearn questioned staff regarding if the City Secretary would sign the TABC form after the city has approved the SUP. Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding the design score for the building. He stated the Commission could not tell a business owner what to do with his business, but could give him the score they would like for him to receive. Ron Ruthven replied, yes. Commissioner Dudziak questioned staff regarding increasing the building design score from 25 to 30; what would need to take place for that design score to raise? Ron Ruthven replied a score of 30 would City of Colleyville Page 13 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 require some stone accents to come out from the building and some awnings. He stated it would require significant structure changes to get to a building design score of 35. Commissioner Phelps moved to approve case ZC10-011 with amendments to the draft ordinance, 1) Section 1c regarding parking spaces from a required 48 to 36 parking spaces; 2) To remove the last sentence of section 4 1 c. "if the shared parking agreement required by this section is ever cancelled, this Special Use Permit shall become null and void". He stated not wanting to hold this business owner hostage by another business owner; 3) Section 1 e, change the language regarding the propane sales to include that "where the propane sales shall be relocated and allowed behind the front setback". Commissioner Davis seconded. Commissioner Dudziak questioned Commissioner Phelps whether he wants the access to the adjacent property. Commissioner Phelps stated he would like Mr. Hall to still pursue the agreement, but does not want the SUP to become null and void if it does not happen. City Attorney Kallas replied that may be allowed; however, if the parking is not sufficient for the use requested, the Commissioners can change the language to reflect it may become null and void. Commissioner Phelps stated he understood that the parking is sufficient with the calculations. Commissioner Redfearn stated not knowing if they were clear on what the actual square footage was on the building. Ron Ruthven replied the actual calculation can be done when the application is made for the Certificate of Occupancy and can be worded such that the ordinance states one parking space per 200 square feet of gross floor area. Commissioner Dudziak stated having an issue with counting the parking spaces located at the gas pumps. Ron Ruthven stated the Land Development Code does not address the counting of those spaces. He stated other cities do count those spaces. Commissioner Knox stated he would like to add an amendment that the building meet the minimum design score of 25. Commissioner Phelps and Commissioner Davis agree. Commissioner Phelps made friendly amendment to comply with the language of the Land Development Code of the one parking space per every 200 gross floor area instead of a specific number. Commissioner Phelps and Commissioner Davis agree. Commissioner Redfearn made a friendly amendment to accept the revised site plan in the ordinance. Commissioner Phelps and Davis City of Colleyville Page 14 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 agreed. Commissioner Dudziak made a friendly amendment to move the dumpsters to inside the front building line. Commissioner Phelps stated the language in the ordinance already reflects that. Commissioner Dudziak further added he would then like for the dumpsters to face away from Glade Road and SH121. Commissioner Phelps stated that may not be practical because they are already fully enclosed. Therefore, neither agreed to the motion. Commissioner Dudziak made a friendly amendment to increase the building design score to 30, to further enhance the building. Commissioners Phelps and Davis respectfully declined the amendment. Commissioner Dudziak stated being disappointed. Commissioner Dudziak recapped the motion: Commissioner Phelps moved to approve case ZC10-011 with amendments to the draft ordinance, 1) Section 1c regarding parking spaces to reflect the Land Development Code requirements of one space per 200 gross square feet of floor area; 2) To remove the last sentence of section 4 1 c. "if the shared parking agreement required by this section is ever cancelled, this Special Use Permit shall become null and void"; 3) Section 1 e, change the language regarding the propane sales to include that "where the propane sales shall be relocated and allowed behind the front setback; 4) Add the revised site plan to the ordinance; 5) The building design score shall meet a score of 25. Commissioner Davis seconded. The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Davis, Phelps Nay: 1 -Dudziak Absent: 2 - Rotthaus, Byerly 10c Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1 of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC10-012 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn questioned staff for clarity of the zoning districts in the area. Commissioner Dudziak questioned staff regarding the access to the adjacent property on Brown Trail. Ron Ruthven explained the entrance is used to access the medical facility and is rarely used to access the subject property. City of Colleyville Page 15 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 Commissioner Dudziak questioned staff regarding if the letter of opposition received was from the medical adjacent property. Ron Ruthven replied yes and that any vehicles parked on this property could be towed. Commissioner Dudziak opened the public hearing at 10:51 p.m. Atef Henary, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Knox questioned Mr. Henary regarding if the dumpster is enclosed and if it will be able to take care of the additional boxes. Mr. Henary replied yes, and stated they can upgrade the size of their dumpster. Commissioner Redfearn questioned Mr. Henary regarding what takes place in converting the car wash. Mr. Henary explained the process for converting the space. Commissioner Davis stated the liquor store will be located where the car wash is currently. Mr. Henary replied yes. Commissioner Phelps questioned Mr. Henary regarding the shared parking agreement; is this agreement in place? Mr. Henary stated the code requires 23 and he has 31. He stated he has approached the adjacent property owner and that owner stated he would have his attorney look at the agreement. Reece Norris, 3407 Langley Hill Lane, spoke in opposition to the request with concerns for traffic and crime and with concerns for pan handling. Shauna Ferguson, 3404 Langley Hill Lane, spoke in opposition to the request with concerns for this location being at the main entrance to our city. She stated this will be the first thing seen coming into Colleyville. She further stated the Commission needs to realize the impact of liquor stores. She stated she wants to minimize the impact of the liquor stores. There being no one else wishing to speak, the public hearing was closed at 11:00 p.m. Discussion occurred between Commissioner Dudziak and Mr. Henary regarding the economic impact. Commissioner Redfearn questioned Mr. Henary regarding if any new exterior construction is required as a part of this plan. Mr. Henary replied the exit of the car wash will now be an automatic door for the new liquor store. He stated the back side will have a wall extended to cover the City of Colleyville Page 16 Printed on 7/27/2010 Planning and Zoning Commission Minutes -Final July 12, 2010 back entrance of what is currently the car wash. Commissioner Dudziak questioned Mr. Henary regarding the name of the liquor store; is that name set or can something else be He further stated to Mr. Henary that he did not have to question. Mr. Henary questioned if he had to choose Commissioner Dudziak replied, no. considered. answer that one now? Commissioner Phelps questioned staff regarding the exhibit showing the monument sign; how will the applicant need to make it into compliance? Ron Ruthven replied 18 inches would be required for masonry and it will be close to the sidewalk but it should not encroach on the sidewalk. He further stated that if the sign is located in state right of way, that could impact the requirement to make it into compliance. He stated staff could research the sign issue before going to City Council. He stated the state regulates the lettering of the liquor store to be no more than 12 inches. Commissioner Phelps moved to approve case ZC10-012. Commissioner Knox seconded. Commissioner Dudziak made a friendly amendment to have the language for the parking reflect the Land Development Code requirements of one space per 200 square feet of gross floor area instead of a specific number. Both agreed. The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Davis, Phelps Nay: 1 - Redfearn Absent: 2 - Rotthaus, Byerly 11 ADJOURNMENT The meeting adjourned at 11:08 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 9, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on July 26, 2010. City of Colleyville Page 17 Printed on ~ic~izu~u