HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/26/2010,,, , , City Hall
~., City of Colleyville 100 Main Street
I ~ ~~,~ ~~~ ~_ ~ Colleyville, Texas 76034
Minutes -Final 817.503.1000
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Planning and Zoning Commission
Monday, July 26, 2010 6:15 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 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
7:00 P.M. -REGULAR MEETING
1. CALL TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville
was called to order by Chairman Byerly on July 26, 2010 at 7:05 p.m.
2. ROLL CALL
Present: Commissioners Dave Dudziak, Scott Redfearn, Don Davis,
Ron Rotthaus, David Phelps and Jeff Byerly
Absent: Commissioner Knox
Staff Present: Community Development Director Ron Ruthven,
Economic Development Director Marty Wieder, Police Chief Steve Dye,
City Engineer Jeremy Hutt, Fire Marshal Rob McKeown and Planning
and Zoning Assistant/Recording Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Rotthaus.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Phelps moved to approve the July 12, 2010 meeting
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minutes with grammar corrections made on pages 4,6,7,8,11,12,14 and
17. Commissioner Rotthaus seconded.
The motion carried by the following vote:
Aye: 6 -Dudziak, Redfearn, Davis, Rotthaus, Phelps, Byerly
Absent: 1 -Knox
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. PUBLIC HEARING AGENDA ITEMS
7a Approval of a request for a Special Use Permit for a Package Store on
Lot 10, Block 23, of The Village at Colleyville Condo Addition located at
62 Main Street, Suite 110, Case ZC10-013
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:14 p.m.
Kevin Smith, the applicant and business owner, came forward to present
the case and brief the Commissioners.
Commissioner Dudziak questioned Mr. Smith regarding the number of
employees. Mr. Smith replied there will be two employees present at all
times.
Commissioner Rotthaus questioned Mr. Smith regarding the wine
tasting. Mr. Smith stated this request will not impact the wine tastings
which occur every Saturday and consist of wine only.
Commissioner Redfearn questioned Mr. Smith regarding if the same
tasting rules would apply to the liquor. Kate Smith, co-owner of the
business, stated the tastings will focus on the wines. She further stated
TABC has strict rules regarding liquor tastings.
There being no one wishing to speak, the public hearing was closed at
7:17 p.m.
Commissioner Redfearn questioned staff regarding if the applicant's
spreadsheet referenced in the applicant's response is attached to the
briefing. Ron Ruthven replied yes and directed him to the location in the
packet.
Commissioner Dudziak questioned staff regarding the calculation of the
sales tax estimate information. Ron Ruthven stated not knowing how the
applicant calculated the sales tax and further explained how the sales
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tax is distributed to the city.
Commissioner Redfearn moved to approve case ZC10-013.
Commissioner Byerly seconded.
The motion carried by the following vote:
Aye: 6 -Dudziak, Redfearn, Davis, Rotthaus, Phelps, Byerly
Absent: 1 -Knox
7b Approval of a request for a Special Use Permit for a Package Store on
Lot 2, Block 11 of the Longwood Estates at Ross Downs Addition located
at 7171 Colleyville Boulevard, Case ZC10-016
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly questioned staff regarding if the city has adopted
the TABC requirements for signs. Ron Ruthven replied yes and they will
be enforced with the city's sign code as well.
Commissioner Dudziak questioned staff regarding if there are any
distance requirements with regards to residences. Ron Ruthven replied
no, just churches, schools and hospitals.
Commissioner Byerly questioned staff regarding how the distance was
measured. Ron Ruthven replied that he used the geographic
information system at the city; the most extreme closest point was used.
Commissioner Byerly opened the public hearing at 7:25 p.m.
J. Patrick Volk, the applicant, came forward to present the case and brief
the Commissioners.
Commissioner Redfearn questioned Mr. Volk regarding if any of the
concerns for the residents had been considered. Mr. Volk replied the
signage will be low profile and he stated he is going to run a very
responsible business.
Commissioner Dudziak questioned Mr. Volk regarding what "boutique"
means. Mr. Volk replied this will not be a typical liquor store. He stated
the employees will have to be very customer oriented and very friendly.
Commissioner Dudziak questioned Mr. Volk regarding if there will be
multiple types of spirits. Mr. Volk replied yes and customers could
custom order items and beer and wine will be available.
Commissioner Byerly questioned Mr. Volk regarding if the entrances are
solely on SH26. Mr. Volk replied yes.
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Commissioner Davis questioned Mr. Volk regarding if the sign will be
neon or flashing. Mr. Volk replied no, it will be black during the day and
LED red at night.
Commissioner Redfearn questioned Mr. Volk regarding what will
differentiate his store from the mass of other liquor stores. Mr. Volk
replied they will be very customer service friendly and will offer top shelf
spirits and cater to the community. He stated they hope to have a very
loyal customer service base.
Commissioner Redfearn questioned Mr. Volk regarding if he has
prepared any business plans or business impact studies. Mr. Volk
replied yes.
Commissioner Byerly questioned Mr. Volk regarding if he will carry
everything a normal liquor store will have just maybe not the depth of
selection. Mr. Volk concurred and stated he will have high end spirits
and could do special orders as well.
Darren Lee, 7005 Cole Court, spoke in opposition to this request with
concerns for traffic, trash and parking in his backyard.
There being no one wishing to speak, the public hearing was closed at
7:34 p.m.
Commissioner Dudziak questioned Chief Dye regarding the concerns of
Mr. Lee. Chief Dye replied as with any new business, there will be an
increase in traffic and possibly an increase in speeding. He stated they
will partner with TABC to ensure the businesses are in compliance with
both.
Commissioner Dudziak questioned Chief Dye regarding the parking
behind those offices. Chief Dye stated they will patrol those areas just
like they patrol the other businesses in the city. He stated the increase
in DWIs occur more frequently with an on premise facility, such as in a
restaurant.
Commissioner Byerly questioned Chief Dye regarding the turning lanes
on SH26. Chief Dye replied they will work with the state with regards to
those turn lanes. He stated if motor vehicle accidents occur more
frequently because of this business, they will contact the state as to what
options are available.
Commissioner Redfearn stated to Chief Dye that the exit for this location
would be behind this building, then onto Longwood and then to the light
on SH26. Chief Dye stated they are concerned, from a public safety
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stand point, with the blending of homes and retail, and with putting traffic
on residential streets in order to bypass an inconvenience with the traffic
on SH26. He stated safety is the number one concern.
Commissioner Rotthaus questioned Chief Dye if package stores impact
the way the areas are patrolled. Chief Dye replied package stores,
specifically, are another retail business, similar to a convenience store;
therefore the officer will patrol that business more frequently than it
would a dentist office.
Discussion occurred between Commissioner Phelps and Ron Ruthven
regarding the control of signs on SH26.
Commissioner Phelps stated not being inclined to require a controlled
turn sign for this property, however, he further stated that this location
has not been active.
Commissioner Byerly questioned staff regarding if a left turn only could
be placed on Longwood to prevent traffic from turning into that
neighborhood. City Attorney Kallas stated it would have to be placed off
premise; therefore the Commission could not place it as a condition of
this SUP.
Commissioner Dudziak questioned staff regarding if a traffic impact
analysis can be required as part of this SUP. Ron Ruthven replied yes.
Commissioner Phelps stated he does not think he would require this to
be a requirement of this business. He further stated that if this center
becomes successful, a traffic impact analysis may become a
requirement at that time.
Commissioner Byerly stated that because the expansion of SH26 is
unknown, a traffic impact analysis may be premature. He further stated
this would be a burden on this potential business.
David MacMahan, former developer of this property, came forward to
explain, in detail, the development of this property. He stated that the
reasons for the placement of the buildings was to create a buffer
between the commercial and residential developments.
Commissioner Dudziak moved to approve case ZC10-016.
Commissioner Davis seconded.
Commissioner Redfearn stated he could not vote for it. He stated this
request is not much different than a convenience store and a
convenience store is prohibited by the ordinance for this development.
He stated the hours of operation do separate a liquor store and a
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convenience store. He stated the Commission has not been considerate
of the letters of opposition received by the businesses located on these
properties. He further stated that the traffic, either in or out, is a concern
for this property.
Commissioner Phelps stated he has read through those oppositions and
stated that these issues will come with any successful retail business in
this location. He further stated that this building has been vacant since it
was built and it is nice to see something moving forward to occupy the
space.
Commissioner Redfearn stated the ordinance allows for retail uses, not
convenience store uses.
Commissioner Byerly respectfully disagreed with Commissioner
Redfearn and further stated that the traffic problems will be short term in
nature when SH26 is expanded.
Commissioner Phelps stated he has a reservation with the request since
it will cause issues with a left turn going southbound on SH26. He stated
he would favor having signage approved fora "no left turn" on SH26. He
further stated not being sure if one could be approved through TxDot.
Ron Ruthven stated that since SH26 is a State highway, there is no
language that could be placed in the ordinance to condition a sign. He
further stated that staff can meet with TxDot with regards to a possible
sign.
Commissioner Dudziak questioned staff regarding if the developer could
place a sign on the property or if that is TxDot right-of-way. Ron Ruthven
replied to put the sign on the developer's property, on the island, would
not be beneficial to the traffic on the highway; it would not be visible and
it is TxDot in right-of-way.
Commissioner Redfearn stated at the time the ordinance was written in
2004, package stores were not permissible. He further added that he
does not feel that City Council would have approved this ordinance
where a package store is allowed but a convenience store, either with or
without gasoline sales, is prohibited.
The motion carried by the following vote:
Aye: 4 -Dudziak, Davis, Phelps, Byerly
Nay: 2 -Redfearn, Rotthaus
Absent: 1 -Knox
9. ADJOURNMENT
The meeting adjourned at 8:09 p.m.
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I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, July 16, 2010 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on August 9, 2010.
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