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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/23/2010~~ ~~~~~ City of Colleyville 100 Main Street -` ~`.y~ Eu Colleyville, Texas 76034 Minutes -Final 817.503.1000 'k"" www.colleyville.com Planning and Zoning Commission Monday, August 23, 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 August 23, 2010 at 7:10 p.m. 2. ROLL CALL Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Mona Gandy, Rob McKeown, Steve Dye, Marty Wieder, Rodney Cunningham, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Rotthaus moved to approve the August 9, 2010 meeting minutes as written. Commissioner Davis seconded. City of Colleyville Page 1 Printed on 9/28/2010 Planning and Zoning Commission Minutes -Final August 23, 2010 The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Davis, Rotthaus, Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a replat for the Heritage Oaks Addition located in the 5000-5200 block of Heritage Avenue, Case PC10-009 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:17 p.m. There being no one wishing to speak, the public hearing was closed at 7:17 p.m. Commissioner Redfearn moved to approve case PC10-009. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Davis, Rotthaus, Phelps, Byerly 7b Approval of a request for a Special Use Permit for a Package Store on Lot 2, Block 1 of the Village Front Door Addition located at 5232 Colleyville Boulevard, Case ZC10-021 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if the advertising on the cupola would be permitted with the original PUD ordinance. Ron Ruthven replied, it would not be permitted. Commissioner Redfearn stated the original PUD ordinance states what the sign requirements are. Ron Ruthven concurred and further added that the sign on the building should read, according to the ordinance, "The Village Front Door". Commissioner Redfearn questioned staff regarding if there is a definition that defines a "front door". Ron Ruthven replied there is not a specific definition in either the city code or the state code that defines "front door". He stated there are multiple case references to that and stated he would refer those questions to the City Attorney. Commissioner Byerly opened the public hearing at 7:27 p.m. City of Colleyville Page 2 Printed on 9/28/2010 Planning and Zoning Commission Minutes -Final August 23, 2010 Mike Twichele, the architecture for the applicant, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. Twichele regarding the doors for the project. Mr. Twichele replied there is one delivery door and one entry door. Commissioner Davis questioned Mr. Twichele regarding the dumpster area. Mr. Twichele stated it will not be a problem to access the dumpster area even though it is gated. Mr. Twichele stated an approved state official will have to approve the handicap accessibility rules. He stated the parking spaces will have to be fairly close to the door. Mr. Twichele stated if they are not permitted to have the cupola sign, they would have to request a monument sign on SH26. He further stated that they would work with staff regarding the placement of that sign. Mr. Twichele stated cross access is an advantage to both businesses, the church and the retail facility. Commissioner Dudziak questioned Mr. Twichele regarding what is the average ticket sale. John Rector, Executive Vice President for Sigel's, stated the average ticket price would be, or they hope for it to be, around $50. Commissioner Dudziak questioned Mr. Rector if they have a need for a drive thru? Mr. Rector replied a drive thru is not in their business plan. He further explained their business concept and marketing strategy. Commissioner Redfearn questioned Mr. Rector regarding what are some of the "good neighbor" things that are done. Mr. Rector stated recycling and any local initiatives. He stated they do operate establishments within walking distances to churches. He further explained that this site is a great location for this type of use. Commissioner Redfearn questioned Mr. Rector regarding the placement of the front door. Mr. Rector stated they wanted to have their front door as far away from the church as possible to lower the impact. He stated all of the receiving will be done away from the flow of traffic. Commissioner Redfearn questioned Mr. Rector regarding if any of the other locations are in such close proximity to residential development, like this one with residential on the second and third floors. City of Co/leyville Page 3 Printed on 9/28/2010 Planning and Zoning Commission Minutes -Final August 23, 2010 Commissioner Rotthaus questioned Mr. Rector regarding which of his locations is in close proximity of a church. Mr. Rector replied in Richardson, on Abrahms Road. Commissioner Phelps questioned Mr. Rector regarding activities and special events, such as classes, are those conducted within normal business hours? Mr. Rector replied yes. He stated if any are after hours, they are done off site, such as in a restaurant. He stated the tastings are very restricted by state laws. Commissioner Davis questioned Mr. Rector regarding the close proximity to the church, was the church there first or where you there first? Mr. Rector replied the church was there first. Commissioner Redfearn questioned Mr. Rector regarding the shelving along the window side. Mr. Rector replied it will be no more than two feet high, no higher than the window view itself. Nancy Fegan, 1303 Bellefonte, filled out a speaker card in opposition to the request but chose not to speak. Alan Paradis, business owner 5301 Colleyville Boulevard and resident at 4501 Shady Creek Lane, Colleyville, spoke in favor of the request. Craig Etheridge, 508 Sophie Lane, Colleyville and Pastor of First Baptist Colleyville, spoke in opposition to the request with concerns for the location with the proximity to the church, traffic and equity with relation to public and private schools. Drew Diaz, 6406 Cutter Ridge Court, spoke in favor of the request. Andy Rogers, 30 Piazza Lane, spoke in favor of the request. Michael Tammer, 77 Piazza Lane, the business, Piazza in The Village, spoke in favor of the request. Steve Atwood, 34 Piazza Lane, spoke in favor of the request. Joe Holtzhouser, 84 Casa Lane, spoke in favor of the request. George Coleman, 6402 Emerald Drive, spoke in opposition of the request with concerns for these types of uses. Angela Kale, 1605 Kingswood Lane, spoke in opposition of the request with concerns for the proximity to the church. City of Colleyville Page 4 Printed on 9/28/2010 Planning and Zoning Commission Minutes -Final August 23, 2010 Kevin Smith, business owner of Tivoli Wines, spoke in opposition of the request for this location. Kathleen Hennesy, Treasurer of Tivoli Wines, spoke in opposition of the request with concerns for the proximity to the church and traffic. Jimmie Archie, 74 Casa Lane, spoke in favor of the request. Ginger Bergman, 88 Casa Lane, spoke in favor of the request. There being no one wishing to speak, the public hearing was closed at 8:28 p.m. Kirk William, Attorney representing the applicant, came forward to follow up on the concerns of the speakers and stated they are following the recommendations by staff and by the Texas Alcoholic Beverage Commission. He further read the state requirements and standards. He stated this establishment should not be treated any different than any other retail establishment. Commissioner Dudziak questioned Mr. Williams regarding if this establishment should be treated the same as a flower shop. Mr. Williams replied yes. He stated if this business meets the standards of the state and the city then they can not be treated differently than a basket shop. He further stated that staff has compared this business with regards to traffic the same as a convenience store; however, he stated he did not agree with that comparison. He stated this establishment is not different than another retail establishment. City Attorney Kallas stated Mr. Williams is not the legal counsel; therefore he can not give this Commission legal advice. 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 open session was recessed at 8:36 p.m. and reconvened into open session at 8:53 p.m. Commissioner Dudziak questioned staff regarding why a traffic study has not been required. Ron Ruthven explained to the Commissioners regarding staffs interpretation of the traffic generation, to be consistent with the other package store requests. He stated the engineer's guide for traffic generation does not calculate for a package store use. Commissioner Byerly questioned staff regarding the public notification process. Ron Ruthven replied the 500 foot notification and newspaper City of Col/eyville Page 5 Printed on 9/28/2010 Planning and Zoning Commission Minutes -Final August 23, 2010 notice are in compliance for this request by state law. Commissioner Byerly further added that a sign was posted on the subject property. Commissioner Redfearn questioned staff regarding the ramification if a public notice was done incorrectly. Ron Ruthven replied staff would check the notification list for clarification. He stated staff has to use the certified tax rolls in which the City Council approves. Commissioner Redfearn questioned staff regarding the super majority requirement. Ron Ruthven replied the state law requires that if more than 20 percent of the property within the 200 foot notification area are opposed to the case and submitted in writing, a super majority vote would be required. Commissioner Phelps questioned City Attorney Kallas regarding a variance definition, private versus public school and the ability to create a variance. City Attorney Kallas replied a variance is a lessening of a restriction normally imposed on a certain situation. Commissioner Dudziak questioned staff regarding the crime prevention recommendations. Is that strictly a voluntarily subject that has to be addressed? City Attorney Kallas replied it is mandated in the ordinance as they shall comply with those provisions Commissioner Dudziak questioned City Attorney Kallas regarding if these recommendations would be a requirement for every retail establishment. City Attorney Kallas replied in order to answer that question, the Commissioners would have to reconvene into executive session. Commissioner Dudziak questioned Chief Dye regarding if he has a need for these crime prevention recommendations. Chief Dye replied it would be a compatibility with the land uses. He stated he chose for this to be recommended for this particular use as well as a convenience store. He stated he looks at each case on a case-by-case basis with respect to public safety. Commissioner Dudziak questioned Chief Dye regarding if these recommendations would be good for any retail facility. Chief Dye replied yes. Commissioner Redfearn questioned staff regarding the mutual access easement; is it required and settled? Ron Ruthven replied correct. Commissioner Redfearn questioned staff regarding if that access easement will be open and active. Ron Ruthven replied yes. City of Colleyville Page 6 Printed on 9/28/2010 Planning and Zoning Commission Minutes -Final August 23, 2010 Commissioner Dudziak questioned staff regarding if the church could abandon that easement. Ron Ruthven replied yes with a replat. He further stated that speed bumps could be added within the fire lane and they have been installed in past cases with speed concerns. Commissioner Rotthaus questioned staff regarding the traffic impact analysis and how does that impact planning. Ron Ruthven replied the results of that analysis examine trips generated by that particular use. He further stated those recommendations can be approved, in whole or portion, or could be denied. He stated if there was a significant issue with traffic impact, and if more than 1,000 trips per day, it would be automatic. Commissioner Rotthaus questioned staff regarding if staff feels more than 1,000 trips per day will be generated by this use. Ron Ruthven replied that is a good question since there are no package store uses listed in the traffic generation books. He further stated there are no other adjacent cities that have a package store use, therefore; there may be more traffic than normal. Commissioner Rotthaus stated wanting to know the traffic impact for this area given that the average ticket sale is $50 and the annual sales predicted by the applicant, 80,000 tickets in a year, 300 days a year, that comes to 270 sales a day. He stated a good percentage are not generated by every person who shops that store. He stated being tempted by wanting to know what the potential impact of a package store in this location would be. Commissioner Redfearn questioned staff regarding if the traffic impact analysis takes into consideration the safety of those trips or does it quantify just the trip numbers. Ron Ruthven replied it will quantify the numbers. Commissioner Phelps questioned staff regarding if those numbers are all inclusive to the location or does it take into account all of the surrounding properties. Ron Ruthven replied those perimeters are defined at the beginning of the study. Commissioner Phelps stated the concern for this location is that there is going to be additional traffic regardless of the particular product. He further stated this location is going to be retail of some sort. He stated education for traffic safety is upon the parents and teachers. Commissioner Dudziak moved to approve case ZC10-021 with the following provisions: 1. A traffic impact analysis be completed and 2. The installation of a speed bump between the two properties. Commissioner Byerly seconded. City of Colleyville Page 7 Printed on 9/28/2010 Planning and Zoning Commission Minutes -Final August 23, 2010 Commissioner Byerly stated being reluctant to requiring the traffic impact study since staff has stated there is no data for a package store. He further questioned staff if the speed bumps would be part of that traffic impact study. Ron Ruthven replied not typically; however, if one of the parameters was traffic calming that could be a recommendation of the traffic impact analysis. Commissioner Byerly questioned staff regarding who would be the one to approve it. Would it be the police chief or the fire marshal? Ron Ruthven replied the fire marshal would definitely want to look at it, again that would be something that the traffic impact analysis would have set as a parameter. Commissioner Phelps questioned staff if the ordinance would need to be revised to allow for a monument sign. Ron Ruthven replied no, as long as it meets the sign code they can have a monument sign. Commissioner Redfearn questioned staff regarding what types of signs are allowed by the code. Ron Ruthven replied wall signs, on all sides of the building as long as it meets the size of the lettering; window signs can only cover a certain percentage. Commissioner Redfearn stated having a concern with traffic safety issues with the neighboring church and with the general retail use. Commissioner Davis questioned staff regarding if a special permit could be issued for those special events, to protect those children. Ron Ruthven replied yes. Commissioner Redfearn stated as long as there is ample notice, most events are every day affairs. Commissioner Dudziak questioned staff if access can be limited to certain hours of use to particular hours of the day. Ron Ruthven stated he would not recommend that since the intent of the cross access is for accessing the properties. He further stated it would be difficult to enforce. He stated the best way would be to put in the speed bumps to calm the traffic. He stated it would be in violation between the mutual access of the properties. City Attorney Kallas stated it is unadvisable to place access as part of the conditions. Commissioner Knox stated not seeing the reason for a traffic impact analysis. He stated the development was approved with the retail uses below it. He stated not knowing what could be done with the analysis. City of Colleyville Page 8 Printed on 9/28/2010 Planning and Zoning Commission Minutes -Final August 23, 2010 The motion failed by the following vote: Aye: 2 -Dudziak, Phelps Nay: 5 -Knox, Redfearn, Davis, Rotthaus, Byerly Commissioner Byerly moved to approve case ZC10-021. Commissioner Knox seconded. Commissioner Redfearn stated the traffic flow is a concern. Commissioner Byerly stated he concurred with Commissioner Knox. He stated when this project was approved, the Commission knew there was going to be retail on this bottom floor. Commissioner Redfearn questioned Commissioner Byerly if when the Commission approved the retail uses next door if the safety of the children next door was considered? Commissioner Byerly replied yes. He stated he feels a lot of this is emotional. He stated not seeing this being an issue if this was a flower shop. The motion carried by the following vote: Aye: 4 -Knox, Davis, Phelps, Byerly Nay: 3 -Dudziak, Redfearn, Rotthaus 8. ADJOURNMENT The meeting adjourned at 9:29 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 20, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on September 27, 2010. City of Colleyville Page 9 Printed on 9/28/2010