Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-3/28/2011''' City of Colleyville ~~~~ .,, _`~~~ ~~~~ Minutes -Final ~rn.,_ Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 28, 2011 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, City Attorney Michael Kailas explained that the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.076, Deliberate security personnel, devices and audit. He further explained that there would be no decisions made or actions taken during this time. The meeting was recessed at 6:51 p.m. into executive session and reconvened into open session at 7:05 p.m. 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 March 28, 2011 at 7:08 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Marty Wieder, Jeremy Hutt, Jackie Reyff, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Davis. 4. PLEDGE OF ALLEGIANCE City of Colleyville Page 1 Printed on 4/26/2011 Planning and Zoning Commission Minutes -Final March 28, 2011 5. APPROVAL OF MINUTES Commissioner Rotthaus meeting minutes with the seconded. moved to approve the January 24, 2011 grammar corrections. Commissioner Davis The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 6 7. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a replat of 3.6 acres on Tract 2803, Abstract 239 of the CC Doss Survey located at 2800 Glade Road and 0.8 acres on Lot 9, Block 4 of the Ashmore Addition located at 2803 Highgrove Court, Case PC11-002 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:14 p.m. There being no one wishing to speak, the public hearing was closed at 7:14 p.m. Commissioner Phelps questioned Mr. John Staab, the applicant, regarding the frontage of the property. Mr. Staab replied more than likely they will have the frontage on Glade Road and the extension on the Highgrove side will be a secondary entrance. Commissioner Phelps questioned Mr. Staab regarding if there are any traffic concerns on Glade Road. Mr. Staab replied that they did not have any concerns for traffic with regards to entrance to the property. Commissioner Phelps questioned Mr. Staab regarding if there will be only one residence on the subject property. Mr. Staab replied yes. Commissioner Davis questioned Mr. Staab regarding if the new structure will be faced on Glade Road. Mr. Staab replied yes. Commissioner Phelps moved to approve case PC11-002. Commissioner Rotthaus seconded. City of Colleyville Page 2 Printed on 4/26/2011 Planning and Zoning Commission Minutes -Final March 28, 2011 The motion carried by the following vote: Aye: 6 -Knox, Wheelwright, Davis, Rotthaus, Phelps, Byerly Nay: 1 -Dudziak 7b Approval of a request for a replat on 1.3 acres on Lot 1, Block 1, of the White Addition located at 309 Lloyd Circle, Case PC11-003 Jackie Reyff presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:18 p.m. There being no one wishing to speak, the public hearing was closed at 7:18 p.m. Commissioner Phelps questioned staff regarding clarification on the zoning district for the properties. Jackie Reyff replied the properties are zoned R40-Single Family Residential. Commissioner Byerly moved to approve case PC11-003. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 7c Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-004 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the future expansion of SH26; will there be a dedicated left turn lane or a median? Ron Ruthven replied the future expansion shows a median in front of the property. Commissioner Byerly opened the public hearing at 7:24 p.m. Lanny Wilkinson, 3724 Lakeridge Drive, Grapevine, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Wilkinson regarding if there are any cross access agreements planned to the adjacent property for any future development. Mr. Wilkinson replied he has not had that discussion with the adjacent property. He stated he spoke with the Fire Marshal and the Fire Marshal stated the driveway and access will have to meet code requirements. He stated he could work with the adjacent property but does not know, at this time, and that he does not have an City of Colleyville Page 3 Printed on 4/26/2011 Planning and Zoning Commission Minutes -Final March 28, 2011 issue with the requirement in the ordinance. Ron Ruthven stated the point of the cross access easement is to allow ingress and egress options. Mr. Wilkinson questioned staff if the easement is something that has to be done now or can this be something done in the future with new development? Ron Ruthven replied it can occur with new development. Commissioner Rotthaus questioned Mr. Wilkinson regarding if there will be multiple entrances to the building. Mr. Wilkinson stated there will be three points of entry, with the primary entrance in the back. Commissioner Phelps questioned Mr. Wilkinson regarding what defines the use and purpose of the future building. Mr. Wilkinson stated the future building is to be constructed if the package store is successful to maximize the use of the property. There being no one wishing to speak, the public hearing was closed at 7:45 p.m. Commissioner Rotthaus stated having issues with the public safety of this location because of the entrances on the back side. He further stated that the police will not have visibility to the back of the store. He questioned staff if this causes police any concern? Ron Ruthven stated the police department did a review at the time of the Development Review Committee review. He stated they like the point of sale being visible from a window and this proposal indicates the point of sale is by a window. Commissioner Rotthaus questioned staff if there are any concerns for the layout of the store? Ron Ruthven stated he did not receive any concerns from the police department for the proposed layout of the store. Commissioner Phelps questioned staff regarding what would be the process if the applicant came back for the Commissioners to look at the future building. He further questioned staff regarding if the proposed building should be included in the proposed ordinance. Ron Ruthven stated if the applicant wanted to use this building as part of storage for the proposed package store for a distributor permit, they would need to come back and amend the SUP. He stated the property is currently zoned CC3 and an accessory building could be built to use as storage. He further stated that if the applicant wants to include that building in the proposed ordinance, they will need to provide specifics to the purpose of the building and a time line for construction of the building. He stated the building, as proposed, does meet the design requirements. Commissioner Phelps questioned staff regarding if this case should be City of Colleyville Page 4 Printed on 4/26/2011 Planning and Zoning Commission Minutes -Final March 28, 2011 tabled until a schedule can be presented for the proposed building or can this be something that the Commissioners can approve with the condition that the schedule is presented to City Council. Ron Ruthven replied either way. Mr. Wilkinson stated he can just remove the future building from the request. He further stated that he would be satisfied with having to come back and request an amendment. Commissioner Dudziak questioned Mr. Wilkinson regarding if there are three entrances to the building. Mr. Wilkinson replied correct. Commissioner Dudziak questioned Mr. Wilkinson regarding if he plans to utilize all three entrances. Mr. Wilkinson replied yes. Commissioner Dudziak questioned staff if the police department approved the three entrances. Ron Ruthven replied yes. Mr. Wilkinson assured the Commissioners that he will have a lot of security cameras. Commissioner Dudziak questioned Mr. Wilkinson regarding if someone orders something online, can they pick the items up in the covered loading area? Mr. Wilkinson replied yes, they will have to show their picture identification and the credit card which was used to purchase those items. Commissioner Dudziak stated not being comfortable with the three entrances and exits; the non-drive thru drive thru, and the need to have a cross access easement with the adjacent property. He stated he would like to have these issues clarified before moving this to City Council. Commissioner Phelps stated being satisfied with what is presented. He stated there is a difference between the drive thru and the covered loading area. He stated he would like to see the cross access easement added to this. He stated if the future building is not included in this proposal, he stated being comfortable with leaving it that way for the applicant to present at a future time. Commissioner Byerly concurred with Commissioner Phelps and stated that the covered area is not a drive thru, it is a pickup area. He stated cars are not going to be cueing up to get a six pack, those orders will probably be more substantial than that. He stated he does see the need for the cross access easement. He further stated he does not see what difference it makes with having multiple entrances and exits; if there is a robbery, the suspect will have to exit onto Colleyville Boulevard just the same if there was only one entrance to the building. City of Colleyville Page 5 Printed on 4/26/2011 Planning and Zoning Commission Minutes -Final March 28, 2011 Commissioner Phelps stated, in the covered area, signage could be posted which states "Prepaid Pick-Up Only" and this could be added to the proposed ordinance. Commissioner Dudziak questioned staff regarding if there is to be a clear line of sight to each of the entrances, according to the crime prevention materials added by the Police Chief. Ron Ruthven concurred. Commissioner Dudziak stated elevators and refrigerators block the rear entrance. Commissioner Byerly stated that was not his understanding of those requirements. He stated he understood that a clear line of sight to the point of sale could be viewed from a squad car through a window or door. Ron Ruthven stated yes, the crime prevention guidelines require that there should be a clear line of sight to the point of sales area. He further read the section of the crime prevention requirements. Commissioner Dudziak stated then a clear line of site should be for both the cashier and the police. Ron Ruthven concurred. Ron Ruthven further stated the police department has a comfort level of their acceptance of the request. Commissioner Dudziak stated the safety of this proposal needs further evaluation from the police department. Commissioner Dudziak moved to table case ZC11-004. Commissioner Rotthaus seconded. The motion to table failed by the following vote: Aye: 2 -Dudziak, Rotthaus Nay: 5 -Knox, Wheelwright, Davis, Phelps, Byerly Commissioner Byerly moved to approve case ZC11-004 with the following conditions: 1. A mutual access easement; 2. signage on drive through clearly marking "Prepaid Pick up Only". Commissioner Phelps seconded. Commissioner Dudziak questioned Mr. Wilkinson regarding if there have been any spills or environmental issues on this property. Mr. Wilkinson stated not to his knowledge. He explained that a Phase I inspection had been conducted for the financing of the property. He further defined a Phase I inspection. Robert McKeown, Fire Marshal, stated he wants to be sure that the building and the site has not been contaminated. He stated there may City of Colleyville Page 6 Printed on 4/26/2011 Planning and Zoning Commission Minutes -Final March 28, 2011 have been spills but he wants to make sure that the site is safe Commissioner Byerly questioned Rob McKeown regarding if he has the ability to go in and inspect this facility by using the building, fire and Land Development Code tools. Rob McKeown replied that the fire code allows him to be able to go in and inspect for spills and have the property owner take care of those spills. He stated he can rely on a third party inspection that documents any spills and how to clean those spills. He further stated that he understands that there may have been spills. Commissioner Dudziak questioned Rob McKeown if he is comfortable and satisfied with the site. Rob McKeown replied he has not seen the pit (basement of the building) and has not done an inspection. Commissioner Dudziak questioned Rob McKeown regarding if he has inspected the rear of the property for storage containers or spills. Rob McKeown replied he has not inspected the rear of the property or has reason to believe that there have been spills there. He further stated that he wants someone licensed by the State of Texas to inspect and certify the inspection of the property. He stated permits can not be issued unless the site is "clean". Commissioner Dudziak stated this is another open area that leaves this project incomplete and not ready for City Council. Commissioner Phelps questioned staff regarding if this Phase I inspection would be done prior to the approval of the proposed ordinance or if it can be done during the inspection process. Ron Ruthven stated these are state and federal requirements and are not typically something staff would consider during the zoning process. He stated this would be something taken care of during the permitting process. He further stated that the Fire Marshal has the authority to request anything he may need during that process. Commissioner Byerly stated the Fire Marshal has all of the tools he needs to either inspect the site or have someone inspect it. Commissioner Dudziak questioned staff regarding who has the authority to inspect; the State, the Fire Marshal or Code Enforcement? Ron Ruthven replied if the inspection is required by the proposed ordinance, then it shall take place, otherwise, this issue would be taken care of through staffs recommendations at the time of the building permit process. He further recommended that it not be part of the proposed ordinance since the Fire Marshal has the authority to have the inspections completed. Rob McKeown assured the Commissioners that he has the authority to City of Colleyville Page 7 Printed on 4/26/2011 Planning and Zoning Commission Minutes -Final March 28, 2011 have the property owner clean up any spills. He stated prior to the issuance of any building permits, he wants to see a report that states the site is either "clean" or "dirty". He stated if the site is "dirty", he wants the site to be "clean". Commissioner Dudziak questioned staff regarding if that is the intent, to have the property inspected? Rob McKeown replied yes. Commissioner Byerly restated the motion: Commissioner Byerly moved to approve case ZC11-004 with the following conditions: 1. A mutual access easement to both adjacent properties; 2. signage on the drive through area to clearly marking "Prepaid Pick up Only". Commissioner Phelps seconded. The motion carried by the following vote: Aye: 5 -Knox, Wheelwright, Davis, Phelps, Byerly Nay: 2 -Dudziak, Rotthaus 8. ADJOURNMENT The meeting adjourned at 8:26 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, March 11, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator The meeting minutes were approved on April 25, 2011. City of Colleyville Page 8 Printed on 4/26/2011