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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/14/2012City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Minutes Monday, May 14, 2012City Council Chambers Call Meeting to Order The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 14, 2012 at 7:00p.m. Roll Call Present: CommissionersLarry Knox, David Wheelwright, Ron Rotthaus, Don Davis, David Phelps, and Jeff Byerly Absent: Commissioner David Dudziak Staff Present:Ron Ruthven, Amy Shelley, and Marty Wieder Invocation The invocation was given by Commissioner Wheelwright. 1.APPROVAL OF MINUTES Commissioner Rotthaus moved to approve the April 23, 2012 meeting minutes with grammar corrections. Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 6 -Knox, Wheelwright, Rotthaus, Davis, Phelps and Byerly 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3.PUBLIC HEARING AGENDA ITEMS 3aRequest for an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code, Case GC12-004 Ron Ruthvenpresented the case and briefed the Commissioners. City of Colleyville Page 1 Planning and Zoning Commission AgendaMay 14, 2012 Commissioner Phelps questioned staff regarding the zoning districts for the Special Use Permit (SUP) request. Ron Ruthven stated that the retail zoning districts were chosen as opposed to industrial districts with the approval of an SUP. Commissioner Rotthaus questioned staff regarding the sale of gem stones with this use. Ron Ruthven replied that it is possible that gem stones may be sold and could be included in the ordinance however; the applicant could explain that in more detail. Commissioner Byerly opened the public hearing at 7:10p.m. David McIntyre,the applicant, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. McIntyre regarding if gem stones are purchased. Mr.McIntyre replied that they do not purchase gem stones however sometimes gems can be embedded in the gold. Commissioner Davis questioned Mr. McIntyre regarding what type of chemical process is used to determine the amount of gold. Mr. McIntyre replied that there is a solution place on the testing stone and then the gold item is placed on the testing stone in that solution. Commissioner Davis questioned Mr. McIntyre regarding what type of refinery takes place with the gold. Mr. McIntyre replaced that they send the gold items to a center that melts the gold. He further explained that it does not take place on site. Commissioner Phelps questioned Mr. McIntyre regarding if the location that they want in Colleyville is a typical site. Mr. McIntyre replied yes, that they have over 200 sites nationwide, typically 800-2,000 square feet. Commissioner Knox questioned Mr. McIntyre regarding if there will be any special security in place. Mr. McIntyre replied that there are buzzers on the doors for controlled access. He further explained that none of the merchandise is stored overnight and there are no cash transactions done; the sellers receive a corporate check. Commissioner Phelps questioned Mr. McIntyre regarding how many employees are typically on staff. Mr. McIntyre replied that there are typically two employees per location. Commissioner Wheelwright questioned Mr. McIntyre regardinghow the products are transported. Mr. McIntyre replied that the products are picked City of Colleyville Page 2 Planning and Zoning Commission AgendaMay 14, 2012 up by a carrier, usually UPS or FedExdaily. He further explained that there is not a safe on site. Commissioner Davis questioned Mr. McIntyre regarding if any location has ever been burglarized. Mr. McIntyre stated that there was a location in Florida that was broken into and a televisionwas stolen. He stated that no one has ever walked in a tried to rob the location. He stated that there are signs posted on the doors of the location, very clearly, that no items or cash are stored on site. Commissioner Wheelwright questioned Mr. McIntyre regarding what is the typical client and what is the typical transaction. Mr. McIntyre replied that 75 percent of the typical client isfemalebetween the ages of 35-54, and an average sale is eight items of about 350-400 dollars. Commissioner Wheelwright questioned Mr. McIntyre regarding if there is a certain demographic that is targeted for these stores. Mr. McIntyre replied that they find model stores are successful in the higher income areas. Commissioner Phelps questioned Mr. McIntyre regarding which location they are considering for Colleyville. Mr. McIntyre replied 5600 Colleyville Boulevard, Suite C2. Commissioner Phelps stated that this will be a two step process; this process for this evening is to simply add the use to the permitteduses in the Code with another application at a later date for an SUP. Mr. McIntyre concurred. Commissioner Wheelwright questioned Mr. McIntyre regarding if there is a database in place to check for stolen items. Mr. McIntyre replied yes, they work veryclosely with local law enforcement agencies. He stated that the state of Texas requires that they fill out Leads on Line which is shared with three other states for the tracking of the sales of such items as these. He stated that the items are held for a certain time frame in case the items are stolen. Commissioner Rotthaus questioned Mr. McIntyre regarding where the items are stored. Mr. McIntyre explained that the items are stored at the processing facility in Atlanta, Chicago, and Tampa, Florida. Commissioner Phelps questioned Mr. McIntyre regarding if the purchasing of gold is a retail transaction. Mr. McIntyre replied he believed so. Ron Ruthven replied not to his knowledge, for the purchasing of gold, at the municipal level. Commissioner Phelps questioned Mr. McIntyre if gold will be resold at this City of Colleyville Page 3 Planning and Zoning Commission AgendaMay 14, 2012 location. Mr. McIntyre replied that currently they do not sell gold, however some cities require that items, such as jewelry are sold as well as the purchasing for the purpose of sales tax. Commissioner Phelps questioned Mr. McIntyre regarding if the additional sale of items works in the stores. Mr. McIntyre replied that it goes hand in hand most of the time since most of the items are broken and they are able to replace some of those items at that time. There being no one wishing to speak, the public hearing was closed at 7:20 p.m. Commissioner Phelpsmoved to approve case GC12-004 as requested with the addition to include the purchasing of gem stones. Commissioner Wheelwright seconded. The motion to approve carried with the following vote: Aye: 6 -Knox, Wheelwright, Rotthaus, Davis, Phelps,and Byerly 3bApproval of a request for a Special Use Permit for an amusement center (indoors) on Lot 1R1, Block 1, of the Town Center Colleyville Addition located at 5615 Colleyville Boulevard, Suite 100, Case ZC12-013 Ron Ruthvenpresented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:24p.m. Ed Reed,Vice President for Jump Street, applicant,came forward to present the case and brief the Commissioners. Commissioner Rotthaus questioned Mr. Reed regarding if this location will be a typical size for Jumpstreet. Mr. Reed replied that they have a varying location with a good ceiling height. He said most are between 40-50,000 square feet but that the Colleyville location will work well for this use. Commissioner Rotthaus questioned Mr. Reed regarding how much of this location will be used for dining versus jump. Mr. Reed replied that the dining area will be around 1,500 square feet with the rest being jump surface. He further explained the jump areas. Commissioner Rotthaus questioned Mr. Reed regarding if the dining area is more of the viewing area. Mr. Reed replied not necessarily, he stated there will be other areas for seating and viewing. City of Colleyville Page 4 Planning and Zoning Commission AgendaMay 14, 2012 Commissioner Wheelwright questioned Mr. Reed regarding if alcohol is served in any of the locations. Mr. Reed replied no and that they do not feel that those are a good combination. Commissioner Davisquestioned Mr. Reed regarding what is the age of the oldest person that has used the facility. Mr. Reed replied 78 years of age. Mr. Reed explained that they do not allow any outside food or drink in the facility. Commissioner Phelps questioned Mr. Reedregarding what types of precautions are taken for emergencies. Mr. Reed stated that the court monitors pay close attention to the jumpers and will shut a section down if there is an injury. He stated if the injury is more than what they can handle or the parents can take care of, then the fire department is called. Commissioner Phelps questioned Mr. Reed if there are a minimal amount of medical supplies on hand. Mr. Reed stated that they keep ice packs and band aides on site. There being no one wishing to speak, the public hearing was closed at 7:31 p.m. Commissioner Davismoved to approve case ZC12-013as proposed. Commissioner Knoxseconded. The motion to approve carried with the following vote: Aye: 6 -Knox, Wheelwright, Rotthaus, Davis, Phelps,and Byerly 3cApproval to rezone 1.0 acres from ML-Light Manufacturing to CC1-Village Retail with a Special Use Permit for a wedding Chapel on Lot 1, Block 1, of the Chandler Addition located at 1701 John McCain Road, Case ZC12-011 Ron Ruthvenpresented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:37p.m. Rita Feragne,applicant and property ownercame forward to present the case and brief the Commissioners. Commissioner Wheelwright questioned Mrs. Feragne regarding if alcohol is served on the premise. Mrs. Feragne stated yesand that they comply with the State laws. City of Colleyville Page 5 Planning and Zoning Commission AgendaMay 14, 2012 Commissioner Wheelwright questioned Mrs. Feragne regarding if they provide the alcohol. Mrs. Feragne replied no, they supply the licensed alcohol server. Commissioner Phelps questioned Mrs. Feragne regarding if they no longer wish to perform weddings at this location. Mrs. Feragne replied that they are trying to move as fast as they can. Commissioner Phelps questioned Mrs. Feragne regarding when they are going to be in their new place. Mrs. Feragne replied that they are hoping to be in st their new place by September 1. Commissioner Phelps questioned Mrs. Feragne regarding if staff has stated the options if this request is denied. Mrs. Feragne replied that she was told that if the request is denied then she will be shut down within 10 days. She further explained that she has 20 weddings to perform for the summer. Commissioner Phelps stated he understood that the applicant would have 10 days to appeal to City Council. Mrs. Feragne replied ok. Commissioner Wheelwright questioned Mrs. Feragne regarding the number of weddings scheduled. Mrs. Feragne replied that there are about 20 scheduled but most are drive by weddings. Robert “Jerry” Boone, 7019 Rosebrook, came forward and spoke in opposition to this requestwith concerns for the notification process. Howard White, 7013 Primrose Lane, came forward and spoke in opposition to this request. Mark Corder, 7009 Primrose Lane, came forward and spoke in opposition to this request. There were 11 persons who registered their opposition but chose not to speak. There being no one wishing to speak, the public hearing was closed at 7:55 p.m. Mrs. Feragne came forward and stated that she is moving her business and stated that the noise complaints are based on her photography business. Commissioner Phelps questioned Mrs. Feragne regarding the east side of the building, is that a covered patio? Mrs. Feragne replied that there is some covering to block the sun and it is not enclosed. City of Colleyville Page 6 Planning and Zoning Commission AgendaMay 14, 2012 Commissioner Wheelwright questioned Mrs. Feragne regarding when they started holding weddings there. Mrs. Feragne replied about three or four years ago. Commissioner Phelps questioned Mrs. Feragne regarding the new buyer and their use. Mrs. Feragne replied it is a quite manufacturing business that has to do with hospitals, a 9-5 business. Commissioner Wheelwright moved to deny case ZC12-011. Commissioner Knoxseconded. Commissioner Phelps stated that he sympathizes with the applicant however the proposed zoning change is not appropriate for this area. He stated if a new applicant or a new business wishes to change the zoning, then the Commission can look at that request at that time. The motion to deny carried with the following vote: Aye: 6 -Knox, Wheelwright, Rotthaus, Davis, Phelps,and Byerly 4.ADJOURNMENT The meeting adjourned at 8:05p.m. Minutes were written and prepared by: Amy Shelley Community Development Coordinator The meetingminutes were approved on May 29, 2012 by a vote of 6-0. City of Colleyville Page 7