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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/27/2010_: ``'~ ~~" City of Colleyville 100 Mlain Street '\ " Colleyville, Texas 76034 Minutes -Final 817.503.1000 ra>:,y www.colleyville.com Planning and Zoning Commission Monday, September 27, 2010 sP~~l9ssion: Executive Conference Room; Regular Meeing: 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 September 27, 2010 at 7:05 p.m. 2. ROLL CALL 3. INVOCATION Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Marty Wieder, Jeremy Hutt, Rob McKeown, Steve Dye and Amy Shelley The invocation was given by Commissioner Redfearn. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the August 23, 2010 meeting minutes with the recommended spelling corrections. Commissioner Rotthaus seconded. City of Colleyville Page 1 Printed on 10h4/2010 Planning and Zoning Commission Minutes -Final September 27, 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 fora Package Store on Lot 1 R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC 10-024 Ron Ruthven presented the case and briefed the Commissioners Commissioner Redfearn questioned request with regards to residents; addition? Ron Ruthven replied yes. staff regarding the location of the is that 60 feet to the Cambridge Commissioner Redfearn questioned staff regarding if the closest school is 25 feet. Ron Ruthven replied yes, the Montessori School. Commissioner Redfearn questioned staff regarding if it is 25 feet to the closest day care. Ron Ruthven replied yes, also the Montessori School. Commissioner Redfearn questioned staff regarding how this package store, as far as size, relate to other package store requests. Ron Ruthven replied this is the largest request on file to date. He stated the next closest one would be approximately 12,000 square feet. Commissioner Phelps questioned staff regarding whether the measurement is property line to property line, not front door to front door. Ron Ruthven replied correct. Commissioner Phelps questioned staff regarding if there are very specific requirements for measuring. Ron Ruthven replied yes and that private schools are exempt to the regulations of package stores; public schools however, are not. Commissioner Phelps questioned staff regarding what the distance is to Bransford Elementary since it is the closest public school. Ron Ruthven replied 370 feet. Commissioner Redfearn questioned staff regarding the State's alcohol free zone; why are those not applicable to this request? Ron Ruthven replied that we are required to follow Chapter 6 of the Code of Ordinances. If the school district were to request that the city raise their City of Colleyville page 2 Printed on 10/14/2010 Planning and Zoning Commission Minutes -Final September 27, 2010 requirements to meet the state requirements, then the city would have to apply those regulations. Commissioner Redfearn stated the GCISD Board of Trustees would need to petition the City Council regarding the 1,000 feet alcohol free zone. He further questioned if they were to pass this, would it be retroactive to this package store? City Attorney Kallas replied it would apply prospectively, not retrospectively. Commissioner Redfearn stated if the school wanted to have this done, then the school district would have to move very quickly. Commissioner Byerly opened the public hearing at 7:12 p.m. Scott Remphrey, the general partner of the ownership entity which is Colleyville Crossing LP, came forward to present the case and brief the Commissioners. Commissioner Redfearn questioned Mr. Remphrey regarding more windows on the front facade, why were they taken away. Mr. Remphrey stated those were designed by the sign contractor and were not recommended by himself and they were not to be released that way. Mr. Remphrey stated they have owned this property for eight years and have had difficulty leasing this property. He went into detail about the set up for the proposed package store. Commissioner Dudziak questioned Mr. Remphrey if they are proposing to bring the building up to the code requirements. Mr. Remphrey stated they are doing what they can to please the City but are limited. Commissioner Dudziak questioned Mr. Remphrey regarding how the removal of the pole sign will affect this development. Mr. Remphrey replied he was not sure since the sign is on our property but owned by the shopping center and only has access to the portions of the sign that are related to their businesses. Commissioner Redfearn questioned Mr. Remphrey regarding, for clarity, the portions that are affected by this property are the Ace Hardware store, the Vineyard Antique Mall and a portion of the Vineyard Antique Mall. Mr. Remphrey replied yes. The same thing will happen with this package store that took place with the Ace Hardware and the Antique Mall; a portion will be used for the proposed package store. Joe Janesen, the applicant and owner of Goody Goody, came forward to present the case and brief the Commissioners regarding the request. Commissioner Davis stated this request does not look like a grocery City of Colleyville Page 3 Printed on 10/14/2010 Planning and Zoning Commission Minutes -Final September 27, 2070 store and he further stated that the landlord has indicated they are not going to provide any updates to the exterior. Mr. Janesen stated they do want to put planters out and wish not to have a lot of windows. Commissioner Davis stated if the landlord is not willing to update the exterior of the building there is probably no chance this will pass. Commissioner Dudziak stated the proposal does appear to look like a grocery store with isles. Mr. Janesen did not concur and stated there are separate rooms for various wines. He stated the liquor and wines are separated very attractively. Commissioner Dudziak questioned Mr. Janesen if the floor plan was submitted by himself. Mr. Janesen replied yes, but that he had to draw it up very quickly. He stated it will be a very good quality. Commissioner Davis questioned Mr. Janesen if the design of the interior of the store will be similar to the Little Elm store. Mr. Janesen replied it would be more like the Camp Bowie store. Commissioner Redfearn questioned Mr. Janesen regarding if this will be a retail only store or will there be distribution done from this location as well. Mr. Janesen replied it will only be a retail store. Commissioner Redfearn questioned Mr. Janesen regarding if loading and unloading will be coming in the front door. Mr. Janesen replied all loading and unloading will happen in the rear of the location. Commissioner Redfearn questioned Mr. Janesen regarding how outdoor security lighting will be maintained. Mr. Janesen replied they do like to have lighting around the center but they have to be cognizant of the neighbors. He stated they do not like dark corners. Angela Kale, 1605 Kingswood Lane, spoke in opposition to this request with concerns for traffic, a possible distribution center later and crime. Alice Talkington, 4708 Lakeshore Court, spoke in opposition to this request with concerns for the Montessori School. Geoffrey Owen, 809 Creekview Lane, spoke violently in opposition to this request with concerns for the proximity to the neighborhood. There being no one wishing to speak, the public hearing was closed at 7:52 p.m. Commissioner Dudziak questioned staff regarding if the package stores can put bars on the windows. Ron Ruthven replied there is nothing in the code that would prohibit them from putting bars on the windows. City of Colleyville Page 4 Printed on 10/14/2010 Planning and Zoning Commission Minutes -Final September 27, 2010 Mr. Janesen replied they do not have bars in their stores. Commissioner Redfearn questioned Mr. Janesen regarding the number of deliveries that will be made to the store. Mr. Janesen explained the delivery schedule for this location and stated they should have two deliveries a month, the 1st and 16th of each month. Commissioner Redfearn questioned Mr. Janesen regarding where the deliveries will come from. Mr. Janesen replied they will be coming from the only two distributors for this area. He stated they are known for their pricing. Commissioner Redfearn stated there are two deliveries a month. Mr. Janesen replied every two weeks they will have a delivery made. Commissioner Redfearn questioned Mr. Janesen regarding the restaurants who will purchase from this retail establishment. Mr. Janesen explained the process for purchasing liquor and stated they service those business from their warehouse facilities. He stated these will not be serviced from this location; he stated it is not a good location for warehousing. Commissioner Dudziak questioned Chief Dye regarding the visibility to the inside of the buildings; why is that important? Chief Dye replied it is always good to have visibility to the points of sale for the safety of the cashiers. He further explained the reasons why they have crime prevention requirements. Scott Remphrey stated they are changing the exterior of the lease location somewhat similar to what they did for Ace Hardware. He stated there will be reverse masonry, new signage, new planters and possibly new windows. He stated there is really not much we can do for this space. He stated this space has remained vacant for some years and they stated they would like some give from the City. Commissioner Dudziak questioned Mr. Remphrey regarding why he is not willing to put in glass for this request. Mr. Remphrey stated he is going to leave that up to the tenant's request. He stated if the glass is what he wants, they may consider it. He stated security would be an issue even with a clothing boutique use. Commissioner Byerly questioned Mr. Remphrey regarding if he would be willing to bring the building up to the needed design score of 25. Mr. Remphrey stated not knowing at this time what that means and what it would cost. He stated he is willing to work with the tenant as well as the City. He stated he feels they are making improvements with what they City of Colleyville Page 5 Printed on 1ona~to~u Planning and Zoning Commission Minutes -Final September 27, 2010 have to work with. Commissioner Phelps questioned staff regarding what has been discussed with the exterior of the building and how will that affect the design score. What other alternatives have been used to increase the facade? Ron Ruthven replied there are five main areas that address the building design score. He further explained those areas in detail. Commissioner Rotthaus questioned staff regarding if the scoring needs to apply to the subject property or to the entire village shopping center. Ron Ruthven stated the ordinance is written so that it applies to the entire development. He further stated that is up to the commission. Commissioner Rotthaus stated the applicant does not own that sign and yet we are requiring the sign to be removed and a new monument sign be constructed and that would be owned by the new owners of the Albertson's portion, correct? Ron Ruthven replied the sign applies to the property on which it sits. He stated it is unique in this situation, to bring that sign up to code. He stated this is something for the Commission and City Council to decide. Commissioner Byerly questioned staff regarding the zoning for these subject properties. Ron Ruthven replied CC2-Shopping Center. Commissioner Byerly stated there may be some contracts between the multiple owners for this sign. Commissioner Byerly questioned City Attorney Kallas regarding whether the sign issue would be something that could require a variance. City Attorney Kallas replied that would be something collectively that the property owners would have to work out. He stated the Commission is looking at the package store tenant being able to bring the sign to code for that use. He further stated that the Commission may give them relief under the circumstances. Commissioner Redfearn questioned staff regarding the sign to be compliant, can the sign stay on the current island or does it need to be removed? Ron Ruthven replied it can stay on the island, the monument sign. Commissioner Redfearn questioned staff regarding measuring for the school behind the subject property. Ron Ruthven stated the property lines are measured by using the closest point to the subject property line. Ron Ruthven stated 35 feet is the highest on a landmark sign. Commissioner Phelps questioned staff regarding the property line measurement for the subject property to Bransford Elementary. Ron City of Colleyville page B Printed on 10h4/2010 Planning and Zoning Commission Minutes -Final September 27, 2010 Ruthven replied it is measured from the right-of-way on SH26, straight across to the rear property line on Bransford Elementary. Commissioner Dudziak questioned staff regarding when SH26 is widened, will the trees be eliminated? Ron Ruthven replied yes, the right of way would be in the parking lot area. He stated the row of parking closest to SH26 would be lost. Commissioner Dudziak questioned staff regarding if the monument sign would have to be outside of the State right-of-way. Ron Ruthven replied yes and stated he was not sure if the right-of-way has been acquired for the subject property. Commissioner Dudziak stated having too many unknowns with this request; the design of the building and the sign. He stated he would like to see the Commission table the request to answer some of these unknowns. Commissioner Byerly stated there are options to make the applicant meet these codes. They can follow the directions of the Land Development Code. Commissioner Dudziak stated the property owner has stated not being willing or having reservations about bringing the building up to the design score. Commissioner Phelps stated he concurred with Commissioner Byerly regarding the options the applicant has. He stated moving this forward will allow them to make the presentation to City Council. He stated he would be in favor of moving this forward. Commissioner Phelps moved to approve case ZC10-024. Commissioner Davis seconded. Commissioner Dudziak stated he wants to narrow the scope before it moves forward to City Council. He stated the Commission has a responsibility to make recommendations before it goes to City Council. Commissioner Davis stated the applicant will be required to meet the 25 design score as stated in the ordinance. Commissioner Phelps concurred; it will need to meet the code. Commissioner Dudziak stated they will also have to mitigate the pole sign which will put the applicant in a quandary. Commissioner Phelps concurred and stated they can decide those issues before moving to City Council or present those issues to City Council for them to grant the waiver. City of Colleyville Page 7 Prinfed on 10H4/2010 Planning and Zoning Commission Minutes -Final September 27, 2010 The motion failed by the following vote: Aye: 3 -Davis, Phelps, Byerly Nay: 4 -Knox, Dudziak, Redfearn, Rotthaus Commissioner Dudziak moved to Commissioner Rotthaus seconded. table case ZC10-024. The motion to table carried by the following vote: Aye: 4 -Knox, Dudziak, Rotthaus, Byerly Nay: 3 -Redfearn, Davis, Phelps City of Colleyville page 8 Printed on 10M4/2010 Planning and Zoning Commission Minutes -Final September 27, 2010 7b Approval of a request for a Package Store on Lot 1, Block 1, of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road, Case ZC 10-026 Ron Ruthven presented the case and briefed the Commissioners. Ken Baca, 105 YMCA Drive, Waxahachie, Texas, the applicant, came forward to present the case and brief the Commissioners. Commissioner Byerly opened the public hearing at 8:20 p.m. Commissioner Dudziak questioned Mr. Baca regarding the square footage of the proposed package store; why only 1,100 square feet? Mr. Baca replied they want to serve a certain segment of the patrons. He stated they are limited on their investment, but felt too expensive to blow out the building and do away with the convenience store uses. He stated they are working with the building they have. Louis Fiorello, 5812 Sterling Drive, spoke in opposition to this request with concerns for traffic at LD Lockett and Precinct Line Road. He stated he would like to see a traffic signal put at that location. There being no one wishing to speak, the public hearing was closed at 8:32 p.m. Commissioner Phelps questioned staff regarding the traffic impact; is the 320 trips per day based on the package store business or all businesses on the site? Ron Ruthven replied the entire site and based on the estimates, it would be no more than what they receive now. He further stated it will not generate more than 1,000 trips per day. Commissioner Redfearn stated future development will connect to this subject property with the mutual access stub outs, correct? Ron Ruthven replied yes. Commissioner Redfearn questioned staff regarding the next closest red light. Ron Ruthven replied there being one at Rumsfetd. Commissioner Redfearn stated he would like to review the ordinances for this property before moving forward with the request. Ron Ruthven stated Amy Shelley will retrieve those ordinances and will provide those documents to you for this meeting. Commissioner Dudziak questioned staff regarding the package store request at Longwood having the similar number of trips per day. He stated there are still problems with access with there being a light currently in place. City of Colleyvllle Page 9 Printed on 10/14/2010 Planning and Zoning Commission Minutes -Final September 27, 2010 Ron Ruthven stated the City had been working with the City of North Richland Hills and it was determined that there would not be one put in place at this time. He stated the lights are controlled by whom ever controls the right-of-way and North Richland Hills controls those right of ways. Commissioner Phelps stated there is no turn lane in the afforementioned case. He stated this location has a turn lane. Commissioner Redfearn questioned staff regarding the proximity to the nearest residents, Emerald Park addition? Ron Ruthven replied correct. Commissioner Redfearn questioned staff regarding whether the closest church is Bear Valley and the closest day care is Bear Valley? Ron Ruthven replied yes. Ron Ruthven stated his apologies for not including the ordinances in the briefing packet, but that Amy Shelley is retrieving those ordinances now. Commissioner Byerly moved to recess at 8:42 p.m. to allow for Amy Shelley to provide those ordinance copies. The meeting reconvened at 8:43 p.m. Commissioner Redfearn stated there being nothing in the ordinance to his objection. Ron Ruthven stated the 320 trips was calculated on the entire store square footage. Commissioner Phelps questioned Mr. Fiorello regarding the traffic signal. Mr. Fiorello stated even in the center turn lane, the cars are going by very quickly. He stated with people coming in and out of the liquor store it will cause confusion. He stated when the development across the street is completed, there will be mass confusion going both directions, coming and going. Commissioner Phelps stated new businesses may be the motivation to install a traffic signal and further stated not wanting that to keep this from moving forward. Commissioner Phelps moved Commissioner Byerly seconded. Commissioner Redfearn questioned incremental traffic generated by the concurred. to approve case ZC10-026. staff regarding if there will be package store use. Ron Ruthven City of Colleyville Page 10 Printed on 10H4/2010 Planning and Zoning Commission Minutes -Final September 27, 2010 Commissioner Dudziak stated that the intersection is dangerous. He further stated this is a great location for a package store. He stated this will create a traffic issue. He stated discussions have occurred for years regarding the increased traffic on LD Lockett Road. He stated he did not think he could support this request because of the traffic issue. Commissioner Davis stated the City does not control that intersection. Ron Ruthven stated the State could put in a light but the right of way is controlled by North Richland Hills. Commissioner Byerly questioned staff regarding if they will need the City of Colleyville to work with the City of North Richland Hills on a traffic signal. Ron Ruthven replied typically an interlocal agreement is created between all parties involved. Commissioner Byerly questioned staff if the City of Colleyville could put in a traffic signal if they choose? Ron Ruthven replied an interlocal agreement would be needed with TxDot approval. Commissioner Dudziak states he requests that City Council look at requesting to work with North Richland Hills to put in a traffic signal for the sake of safety. Commissioner Byerly concurred. City Attorney Kallas replied it can not be a condition of this motion nor a separate recommendation to City Council. The Planning and Zoning Commissioners all concurred that the City of Colleyville needs to look at working with the City of North Richland Hills for a traffic signal to be placed at the LD Lockett and Precinct Line Road intersection. Ron Ruthven stated the City of Colleyville did try to put in a traffic signal and the City of North Richland Hills declined. Chief Dye stated the City of Colleyville did speak with TxDot regarding a traffic signal and as far as he knows, it is still pending. The motion carried by the following vote: Aye: 4 -Knox, Davis, Phelps, Byerly Nay: 3 -Dudziak, Redfearn, Rotthaus 8 ADJOURNMENT The meeting adjourned at 8:57 p.m. City of Colleyville Page 11 Printed on 7oi~4 Planning and Zoning Commission Minutes -Final September 27, 2010 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 24, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on October 11, 2010. City of Colleyville Page 12 Printed on 10H4/2010