HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-3/28/2011''' City of Colleyville
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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
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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.
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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
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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
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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.
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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
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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
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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.
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