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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/9/2001 Planning & Zoning Commission Minutes - July 9, 2001 Page 1 of 5- Approved on July 23, 2001 Chairman Hart called the regular meeting of the Planning and Zoning Commission to order at 7:00 P.M. on July 9, 2001. Roll Call: Present: Tom Hart, Jo Ann Gasper, Luann Edwards, Mark Hollis, Jeff Wall, Bryan Hill Barry LeBaron, Clayton Husband, Jan Levy, Mike Soab Staff: Invocation: Commissioner Hill Approval of Minutes: June 25, 2001 Commissioner Gasper moved to approve the minutes as submitted. Commissioner Edwards seconded the motion. The vote being: Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart Noes: None 1. A Replat of Lots 3R1 & 3R2, Block 1, Town Center Colleyville Add'n, requested by Madelyn Ivey, Herman Smith Company, 5.224 acres located in the 5600 block of the north side of Colleyville Boulevard. Case P-01-019 Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Gasper moved to approve the replat, Case P-01-019. Commissioner Wall seconded the motion. The vote being: Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart Noes: None 2. PUBLIC HEARING - A Zoning Change requested by J. Kent Bell, from AG Agricultural to R30 Single Family Residential on 4.56 acres located at 116 Glade Road. Case Z-01-016 - Blankenship Addition Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Gasper moved to recommend approval of the zoning change to R30, Case Z-01-016. Commissioner Hill seconded the motion. The vote being; Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart Noes: None 3. PUBLIC HEARING - A Special Use Permit for alcoholic beverage sales for on-premise consumption, requested by Michael Nevares, on Lot AR, E. M. Thompson Subdivision located at 5224 Colleyville Boulevard. Case Z-01-015 - Miquelito's Mexican Restaurant Clayton Husband presented the case to the Commission and reviewed the staff briefing. Planning & Zoning Commission Minutes - July 9, 2001 Page 2 of 5- Approved on July 23, 2001 Commissioner Hill asked for clarification on the reason Colleyville has stricter regulations than other surrounding cities. Commissioner Edwards offered her comments on the history of Colleyville having an election to allow alcoholic beverage sales and the reason for the regulations. Chairman Hart asked the applicant to address the Commission. Michael Nevares spoke regarding his restaurant in Hurst and the good relationship it has in the community. He said that they have alcoholic beverage sales at the Hurst location and have had no problems. He said that the customers of the Colleyville restaurant encouraged him to pursue becoming permitted to have alcoholic beverage sales at this location. He said that the current measurement is approximately three times greater than the State of Texas requirements. He said that the Hurst location alcoholic beverage sales are only 15% of the gross sales receipts. Mr. Nevares said that all employees will be required to have TAB certification from the State of Texas and selling alcoholic beverages for on-site consumption will provide stricter regulations than allowing customers to bring their own alcoholic beverages into the restaurant. He said that the restaurant has a family atmosphere and is not conducive to rowdy behavior. He presented a letter of good conduct given to him by the Hurst police department. Mr. Nevares said that he has had discussions with the church and their concern was about the 500+ students at the school using the church buildings and alcoholic beverage sales may endanger their outside activities. Mr. Nevares said that the students would be on the Pleasant Run side of the property where the playground is located not the Colleyville Blvd. side. He also said that the private school is relocating to Grapevine. Discussion ensued by the Commission and Staff on how the distance between alcoholic beverage sales and churches is calculated. Chairman Hart opened the public hearing. Those present wishing to speak were: Don Noblit, representing the applicant's landlord, Larry Hartsell. He said that the best use of the property is a restaurant and the two prior tenants were unsuccessful due to the fact that they were not able to sell alcoholic beverages. He said that he and the owners are enthused by Miquelito's use of the property and they feel that it is the best use of the property, yet they are concerned about the liability issues raised by a BYOB policy. He said that they prefer that Miquelito's were permitted to sell alcoholic beverages and have control of the sales. He said that he has heard from several people that Miquelito's is the best restaurant that the City has ever had as far as revenues is concerned and the increased sales will add to the Colleyville tax base. Mr. Noblit said that liquor by the drink helps the revenues of the restaurant. He said that on a personal note, he could go to Applebee's and get a beer or a margarita, yet he can't go to Miquelito's in Colleyville, so he ends up going to Hurst and spending his money. There being no one else present wishing to speak, the public hearing was closed. Discussion ensued by the Commissioners about SUP's and if they were applicant specific or stayed with the property. Barry LeBaron said that the SUP would be attached to the property, similar to a zoning change, and the license by the Texas Alcoholic Beverage Commission goes to the owner and when ownership changes the new owner needs to reapply to the TABC. Chairman Hart asked if there was any way that they could condition the SUP that it is strictly for the applicant only? Mr. LeBaron said that should not be done, but it could be done. The Commission discussed the benefits of regulating alcoholic beverage sales verses BYOB and Commissioner Gasper stated that liquor is currently being consumed on premise, and that permitting a variance to city code to allow liquor by the drink, rather than by the liter, would give Planning & Zoning Commission Minutes - July 9, 2001 Page 3 of 5- Approved on July 231 2001 more control over drinking. She said that it doesn't make much sense to restrict the SUP to the current applicant because if it were good policy for the City to allow Miquelito's to serve alcohol by the drink, the rational would apply to the next restaurant that may take ownership on the property. She said that if it is in the best interest of the City and the community at large to permit alcohol sales by the drink at the location, it should be applicable to another restaurant and the regulations improve the health and safety of the community rather than the current BYOB policy. Commissioner Wall said the owner of the property made a very clear distinction that the restaurant is a family run operation with a family atmosphere and not a bar atmosphere. He said that is in part why the applicant was asking for a SUP and continue that type of atmosphere and if it were another restaurant, it may not be that type of an operation. Commissioner Gasper said that the site will presumably be used as a restaurant in the future and if they look at other restaurants on Colleyville Boulevard, Applebee's would not be considered to be a bar kind of atmosphere even though it has more of a bar area than Miquelito's does. She said that Colleyville doesn't strike her as a place where bars fit into the community and a rowdy bar place would not do well in the City. Chairman Hart said that no matter if the restaurant does change hands, there is still a 60% food sale to 40% alcoholic beverage sales regulation in the City of Colleyville. There was agreement that the Commission should not divert from that regulation. Commissioner Gasper said that they need to be as consistent as possible and the big issue is when you look at the numbers, every body else but Colleyville has a 300' requirement and there is no good rational presented other than 1,000' is the maximum that is permitted under State law. She said that they also need to look at the competitive climate that the City is in and to what extent does Colleyville want to have nice sit down restaurants, and if the owner wants to serve liquor by the drink, it is clearly a plus. Commissioner Gasper said that it is very difficult to have a quality restaurant where the patrons cannot buy liquor by the drink. She said that she always wondered why Grapevine has a restaurant row and Colleyville doesn't, and now she knows that it is because they only need 300' from schools and churches. Chairman Hart said they also have highways. She said that if one looks at Colleyville's highways, they have a lot of churches and schools on them and to the extent they support religious activity and education, which are good, it impedes the ability of Colleyville to expand its tax base. Commissioner Gasper said that they need to look at what is the best use of the property and they've been told that is restaurant use. Commissioner Edwards asked the Commission to also consider that alcoholic beverages are already being consumed at Miquelito's now and the City is not getting any sales tax from it because it is not being served by the restaurant and they will have a lot more control over it. Commissioner Hill said that he agrees. Commissioner Edwards said that the City is having so much trouble with commercial development and this particular restaurant has been so successful, she would like to do everything they can to encourage them. Commissioner Hill seconded those views and said that he is fortunate to know Mr. Nevares and Hurst operation for several years and they do a fantastic job in Hurst. He said they are just the type of restaurant the City of Colleyville wants. Commissioner Hill said this location is the center of the town, the most commercial part of Colleyville for now and in the future and to the extent that the church is a good neighbor there, they have to accept where their location puts them in relationship to other things in the City as well. He said that he is in favor of granting the SUP. Commissioner Gasper moved to recommend approval of the SUP, Case Z-01-015. Commissioner Hill seconded the motion. The vote being: Planning & Zoning Commission Minutes - July 9, 2001 Page 4 of 5- Approved on July 231 2001 Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart Noes: None 4. PUBLIC HEARING - A Special Use Permit for a convenience store with gasoline sales and alcoholic beverage sales for off-premise consumption requested by Gregory Sowle, on Lot 10, Block 2, Village Park Addition located at the S.E. corner of Village Park Drive & Colleyville Boulevard. Case Z-01-017 - Albertson's Express Fuel Center Clayton Husband presented the case to the Commission and reviewed the staff briefing. He said that the applicant has not requested an additional curb cut on Colleyville Boulevard and that portion of the request meets the Land Development Code guidelines. Chairman Hart asked if they will see a gas station at Kroger's next. Mike Soab, Economic Development Coordinator said that is the growing trend in the grocery business. He said that sale tax calculations are complicated. Chairman Hart opened the public hearing. Those present wishing to speak were: Gregory Swole, applicant. He said that the building and pumps would not face on Colleyville Boulevard. He said that the operation would increase sales 20 - 30% for Albertsons and they expect 50% revenue to be generated by fuel sales and 50% from grocery sales. He said that they have done environmental tests and will comply with all regulations. Questions were raised about the trees being removed from the property by a prior applicant. Mr. Swole said that they would replace 70 caliper inches of trees. He responded to questions about the design of the canopy that they would be open for suggestions. He addressed questions regarding design and increased visibility for the Albertsons. The Commission discussed the highest and best use for the property. Mike Soab said that Albertsons was a good neighbor in the City and he wanted to make sure that they didn't detract from the image of a downtown Colleyville that is developing. There being no one else present wishing to speak, the public hearing was closed. Chairman Hart told the applicant that the convenience store and gas pumps need to be upscale and they will need to maintain the landscaping on a permanent basis. The Commission discussed the point requirements for the zoning district and recommended to increase the point requirement to 30 points for the design criteria. Commissioner Gasper moved to recommend approval of the SUP, Case Z-01-017 this the following two requirements: 1) The architectural design requires a minimum of 30 points; and 2) There will be a minimum twenty-foot (20') green space along Highway 26 and Village Park Drive. Commissioner Edwards seconded the motion. The vote being: Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart Noes: None Planning & Zoning Commission Minutes - July 9, 2001 Page 5 of 5- Approved on July 23~ 2001 5. PUBLIC HEARING - An Amendment to Chapter 4 of the Land Development Code regarding regulations for landscaping setbacks on Colleyville Boulevard. Case Z-01-018 Barry LeBaron presented the case to the Commission. Discussion regarding corner lots and the overall changes to the Land Development Code ensued by staff and the Commissioners. Commissioner Gasper moved to recommend approval of the proposed amendments with the inclusion of a requirement that the twenty feet (20') wide landscaping green belt will wrap around to the depth of the property on corner lots. Commissioner Wall seconded the motion. The vote being: Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart Noes: None 6. Citizens' comments regarding items not on the agenda: There were none. 7. Staff comments, reports and discussion items: Barry LeBaron advised the Commissioners that there would be a 6:00 p.m. meeting of the Capital Improvements Advisory Committee prior to the next P & Z meeting on July 23rd. 8. Commissioners' comments and reports: There were none. ADJOURNMENT: The Commission moved to adjourn the meeting at 8:55 p. m. The motion was seconded and passed by acclamation. Respectfully Submitted, vy ning & Zoning Assis Approved on: July 23, 2001 as amended to expand the discussion in item #3 and to include the second and vote in item #5. NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request.