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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-4/25/2011`" City of Colleyville Minutes -Final +;.~:,. Planning and Zoning Commission 6:15 PM Monday, April 25, 2011 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com 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 April 25, 2011 at 7:03 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Don Davis Staff Present: Ron Ruthven, Jackie Reyff, Steve Dye, Jeremy Hutt, Rob McKeown, Marty Wieder and Amy Shelley Councilmember Present: Carol Wollin 3. INVOCATION The invocation was given by Commissioner Knox. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Phelps moved to approve the March 28, 2011 meeting City of Colleyville Page 1 Printed on 5/10/2011 Planning and Zoning Commission Minutes -Final April 25, 2011 minutes with minor grammar corrections. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Wheelwright, Rotthaus, Phelps, Byerly Absent: 1 -Davis 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a request for a minor plat on 0.6 acres on Tract 3BB, Abstract 1038 of the Hall Medlin Survey located at 7408 Jo Will Street, Case PC 11-004 Ron Ruthven presented the case and briefed the Commissioners. Roger Hart, the applicant, came forward to present the case and brief the Commissioners. Commissioner Rotthaus moved to approve case PC11-004. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Wheelwright, Rotthaus, Phelps, Byerly Absent: 1 -Davis City of Colleyville Page 2 Printed on 5/10/2011 Planning and Zoning Commission Minutes -Final April 25, 2011 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC11-006 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak stated the section of the Land Development Code regarding the use of the parking spaces at the gas pumps. He stated it clearly states that those parking spaces are for the convenience store use. Commissioner Byerly opened the public hearing at 7:10 p.m. Atef Henary, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak stated having an issue with using the parking spaces at the gas pumps for the package store use. He questioned Mr. Henary regarding how the parking would be addressed if the parking spaces at the gas pumps are not counted towards this use. Mr. Henary stated customers are parking, getting gas and coming into the store to buy other items. He stated they are already using those spaces for parking. Commissioner Dudziak stated that another business is being created on this property. He stated those customers are not going to be able to pay for their gas inside the package store. Mr. Henary stated most of the customers pay for their gas at the pumps and then leave. He further stated that he has nine more parking spaces than what the code requires. Commissioner Byerly questioned Mr. Henary regarding what has changed on this submittal from the previous submittal. Mr. Henary stated the City Council denied the request based on traffic and second, a year ago, no one knew anything about package stores, about crime and traffic. He stated that since some have opened the City can make a decision based on the facts of stores that have already opened. Commissioner Byerly questioned Mr. Henary regarding if he has talked with the neighbor to get a shared parking agreement. Mr. Henary stated he has talked with him and that there are some things that he has to work out with his bank regarding the loan and he stated that if he were to sell the business, he does not know how the parking agreement would work with the new owners. City of Colleyville Page 3 Printed on 5/10/2011 Planning and Zoning Commission Minutes -Final April 25, 2011 Commissioner Rotthaus questioned Mr. Henary regarding where are the deliveries going to be made after construction. Mr. Henary replied at the back of the store, as they are done now. Commissioner Rotthaus stated he thought some of the deliveries are made in the front of the store. Mr. Henary stated sometimes, but most of the time they are done in the back of the store. He stated they are allowed to have deliveries in the alley. Discussion occurred between Commissioner Phelps and Mr. Henary regarding the number of parking spaces. Commissioner Phelps stated being concerned with using the parking at the pumps toward the package store use. He stated, at times, the moving around, the flow of the traffic, of the business is sometimes hard. Mr. Henary stated if the parking at the pumps is eliminated, then there is still parking that meets the code. Mr. Henary stated he does not feel that he will be as busy as Goody Goody or Bear Creek. He stated his customers have asked for liquor sales. He further stated that he will be closing two businesses to open up the package store use. He stated the other two businesses are causing him to lose money. He stated he is not going to be carrying all of the varieties that other liquor stores will be carrying. He stated he just wants to expand his sales. There being no one wishing to speak, the public hearing was closed at 7:27 p.m. Discussion occurred between staff and Commissioner Phelps regarding the number of parking spaces on the exhibit compared to the number of parking spaces mentioned in the briefing. Ron Ruthven stated there are 31 parking spaces on the site plan. Commissioner Phelps stated they are three spaces short. Ron Ruthven concurred. Commissioner Dudziak questioned staff regarding if there is enough space between the canopy and the parking spaces along Brown Trail for a 24 foot fire lane. Fire Marshal Rob McKeown replied the fire lane is marked at the rear of the property. He stated there is sufficient room to operate emergency vehicles and the fire lane does meet the fire code. Commissioner Rotthaus questioned Rob McKeown regarding the parking of delivery trucks in the alley. Rob McKeown replied the law allows for the delivery trucks to be parked there when they are actively loading and unloading. He stated it becomes an issue if they are just parked there and not doing anything. Commissioner Rotthaus stated having concerns for customers parking at City of Colleyville Page 4 Printed on 5/10/2011 Planning and Zoning Commission Minutes -Final April 25, 2011 the gas pumps and creating issues with traffic flow for customers waiting to get gas. He stated this facility is hard to get around even when it is not busy. He stated if there are no parking spaces up front, the customers will park wherever they can. Commissioner Phelps stated he would like to see more parking and the flow with traffic. However, the applicant currently meets the code, even without the parking spaces at the gas pumps. He stated the supply and demand part of the operation will dictate where the consumer shops. He stated having an issue with the parking but further stating that he does support the applicant and his business. Commissioner Wheelwright stated the applicant is closing two businesses and opening a new business. He stated he feels the parking is sufficient. Commissioner Dudziak questioned Mr. Henary regarding if there is any way to reconfigure the parking to be able to find additional parking spaces within the subject property. Mr. Henary replied he would have to get with his architect to try and figure it out. He stated if he took off some of the package store square footage on the back to make more parking spaces. He further stated that the customers are going to park at the gas pumps. Commissioner Byerly stated he would like to see some of the parking moved off this site. He further stated he would like to see a formalized parking agreement with the adjacent business. Mr. Henary stated customers will park in those spaces regardless. He stated customers park at the gas pumps and go to the dry cleaners. Commissioner Dudziak concurred with Commissioner Byerly and stated parking spaces could be on site or off site. Mr. Henary stated he would prefer to work with his subject property and not have to work with an agreement with the adjacent neighbor. Commissioner Dudziak agreed. Commissioner Phelps concurred and stated that the parking in the back could be for the employees and still meet the code. Commissioner Phelps moved to continue case ZC11-006 to the May 9, 2011 meeting. Commissioner Dudziak seconded. The motion to continue this item on the May 9, 2011 meeting carried by the following vote: Aye: 6 -Knox, Dudziak, Wheelwright, Rotthaus, Phelps, Byerly Absent: 1 -Davis City of Colleyville Page 5 Printed on 5/10/2011 Planning and Zoning Commission Minutes -Final April 25, 2011 8b Approval of a request for a zoning change from R40-Single Family Residential to CC2-Shopping Center and a request for a Special Use Permit for a Package Store on 1.2 acres at Tract 1 D, Abstract 1154, of the R.N. McEwing Survey located at 8070 Precinct Line Road, Case ZC 11-007 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the property to the north has a stub out even though there is no formal agreement in place for the subject property. Ron Ruthven concurred and further stated that there may be an agreement made by separate instrument. Commissioner Phelps questioned staff regarding if the mutual access would continue to the properties to the south. Ron Ruthven concurred. Commissioner Byerly opened the public hearing at 7:51 p.m. Mark Stacy, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Stacy regarding if a mutual access agreement has been submitted to staff. Mr. Stacy replied the documents have been signed and notarized with the property to the north. Ron Ruthven concurred and stated those agreements would be done through a separate instrument but have not received a completed document. Mr. Stacy stated upon the sale of the property, all necessary documents will be submitted. Commissioner Dudziak questioned Mr. Stacy regarding why not have access from Precinct Line Road? Mr. Stacy stated they do not meet TxDot's requirements for a driveway cut. He stated once the property to the south is sold, they will have access from Precinct Line Road and this subject property would have mutual access and then would have access from Precinct Line Road. There being no one wishing to speak, the public hearing was closed at 7:53 p.m. Commissioner Knox questioned staff regarding if this were to be approved tonight, would they have to plat this property with mutual access prior to the issuance of a building permit. Ron Ruthven concurred. Commissioner Dudziak stated he would like to see if some of these agreements are actually in place before making a decision tonight. City of Colleyville Page 6 Printed on 5/10/2011 Planning and Zoning Commission Minutes -Final April 25, 2011 Commissioner Byerly stated there are contingencies in place and the proposed ordinance has the requirement for the mutual access. He stated he believes the applicant will have these in place. He stated the stub outs have already been planned for with the north property. He further stated the applicant cannot get a permit without them. Commissioner Dudziak stated the Commissioners are supposed to see everything prior to approving anything. Commissioner Byerly moved to approve case ZC11-007. Commissioner Phelps seconded with a friendly amendment stating wanting to see the actual stub outs to the south amended on the exhibits. Ron Ruthven stated when the plat comes through; the stub outs will be required to the property to the south. Those will be put on the building permit exhibits. Commissioner Byerly stated those requirements are in the proposed ordinance. Commissioner Phelps stated he would like to see those on the diagrams. City Attorney Matthew Boyle stated Section 4c of the proposed ordinance states that the mutual access easements are a requirement of the platting process. Commissioner Wheelwright questioned staff if the easements will be required to go the property to the south. Ron Ruthven concurred. Commissioner Phelps questioned staff regarding if this stub out will be mirrored to the south. Ron Ruthven stated that without knowing the development of the property to the south, the Land Development Code requires access but does not specify the design. Commissioner Dudziak questioned Mr. Stacy regarding if distribution will be on this property. Mr. Stacy stated at this time there are no plans for a distributorship at this location at this time. Commissioner Dudziak questioned Mr. Stacy regarding if he has met with the police department regarding their requirements. Mr. Stacy replied they meet and exceed those requirements. Mr. Stacy stated they are preparing for access to the south property but that they have to own the property before they can get the access. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Wheelwright, Rotthaus, Phelps, Byerly Absent: 1 -Davis City of Colleyville Page 7 Printed on 5/10/2011 Planning and Zoning Commission Minutes -Final April 25, 2011 9. ADJOURNMENT The meeting adjourned at 8:03 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, April 21, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator The meeting minutes were approved on May 9, 2011. City of Colleyville Page 8 Printed on 5/10/2011