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HomeMy WebLinkAbout1988-09-20A14 1 X, A M 461141 101, 0 A WI MN The Planning and Zoning Commission of the City of Grapevine, Texas, met jointly with the City Council in Regular Public Hearing Session on the 20th Day of September, 1988, at 7:30 PM in the Council Chambers/ Municipal Court Room, #205, and in Room #204, the Conference Rom for the Commission's deliberations session, 307 West Dallas Road, with the following members of the Planning Zoning Commission present, to wit: Ron Cook Chairman Larry Oliver Vice Chairman Cathy Martin Member Larry Atchley Member Ervin Meyer Member John Price Member Robert Hinson Member constituting a quorum, with none absent. Also present were the following City Staff: H.T.(Tomy)Hardy Director of Community Development Marcy Ratcliff Planner Joy Carroll Administrative/Planning Aide Chris Caso Attorney, City Attorney's Office Mark Pacheco Engineer wammkoxcm The Public Hearing portion of the meting was called to order at approximately 7:30 PM by Mayor Bill Tate and the deliberation session at approximately 9:00 PM by Chairman Pon Cook. PRESENTATION Following the invocation by Commissioner Cathy Martin, plaques of appreciation were presented to Police Officer Ron Hudson for outstanding accomplislunents during the National Police Olympics. CONDITIONAL USE APPLICATION CU88-06-PARK AND WALL J.V. (MAM HOFF) The first item for the Commission®s consideration to make a recommendation to the City Council was Conditional Use Application CU88-06 submitted by Park and Wall Joint Venture (Mark Hoff). In the earlier public hearing session, held jointly with the City Council, those present were advised that the subject application was filed on May 9,1988, by Park and Wall Joint Venture, and problems since that time had prevented the case from being scheduled for public hearing until this the September Hearing. Mr. Hardy noted that the request was for a conditional use for off -premise sale and storage of beer only, for the food store planned, for a forty foot (401) pole sign and designation as a planned commercial shopping center for the 14.3000 acre tract of land previously rezoned from "PO", Professional Office to "CC", Community Commercial District located south of Northwest Highway, North of Wall Street and fronting the State Highway 114 frontage road. The original rezoning request filed in early 1987, preceded a modified version reducing acreage and deed restricting a portion to Professional Office uses was approved in January, 1988. Mr. Hardy then introduced Mr. Barry Knight representing the applicant who explained his client's need for the request. There were questions about the pole sign. It was noted that the height of the sign would be from the berm on which the sign was to be set. In response to a question from Council, Mr. Hardy advised that wine sales were not being requested, only off -premise beer was allowed in Grapevine. It was noted that delay on the project was due to down stream drainage agreements; and it was necessary to receive the conditional use request before Tom Thumb Stores would commit to the food store construction. Planning & Zoning Commission Minutes - Septenber 20, 1988 Page 2 There being no further discussion and no speakers or correspondence for or against the request, the Conmission and City Council then closed their portions of the public hearing® Then in the Conmission's deliberation portion of the meeting, questions related to the floor plan of the supermarket, and a lengthy discussion ensued relative to signage for a tract designated as a planned center; the number of signs allowed by right and their location and type. Prior to further discussion, it was noted by the Commission and verified by the Assistant City Attorney, Mr. Chris Caso, that Mr. Robert Hinson, being a property owner within 200 feet of the request had a "conflict of interest" and should, therefore, refrain from discussion or vote. FollowincT further discussion, Commissioner Larry Atchley made a motion to recommend that the City Council approve the request; however, deleting the request for off -premise wine sales by the supermarket and for more than one supermarket. Vice Chairman Larry Oliver seconded the motion, with the following tie vote constituting denial: Ayes: Cook, Atchley, and Oliver Nays: in, Meyer and Price, Abstain: Hinson Absent: None AM6,1166MOO) The next item for the Comm-ission's consideration in order to make a recommendation to the City Council was Conditional Use Application CU88-08, submitted by Frank Castillo for Castillo's Mexican Restaurant. In the public hearing Mr. Hardy advised that the request for on -premise alcoholic beverages for an existing restaurant at 405 East Northwest Highway, the Northwest Crossing Shopping Center, at the northwest corner of Dooley and Northwest Highway, was the former Silverhook Seafood Restaurant. It was necessary for the site plan to be amended because of the redesigned floor plan even though alcoholic beverages had been approved for Silverhook. Mr. Hardy then introduced Mr. Frank Castillo who further described the changes to the previous floor plan. There was no one present and no correspondence for or against the request. In their deliberation session, the Conmission asked for clarification on the floor plan and parking capacity. Mr. Castillo described the removal of the dance floor and noted that there was no service bar. Mr. Greg Wheeler, Assistant Building Official, noted that the construction sign would be removed when the restaurant was completed and open for business. There being no further discussion or deliberation, Commissioner Cathy Martin offered a motion to approve the conditional use as requested, and John Price seconded the motion which prevailed by the following vote: Ayes: Cook, Oliver, Martin, Atchley, Meyer, Price and. Hinson Nays: None Absent: None The next item for public hearing was proposed Conditional Use CU88-09, submitted by Mrs. Jherrie Logan for the existing Deli Mart Convenience Store, and for the Con -mission to make a recommendation to the City council. 04r. Hardy requested that City Attorney, John Boyle, explain the State Law requirements concerning the 300 feet beer sales must be from school property. He clarified how that measurement must be taken. It was noted that that clarification had been upheld in a particular Texas Court of Law. He further advised that the measurement submitted by the applicant did not met that State -regulated requirexaent. I f the measurement had been taken as State Law requires, the distance would be 270 feet rather than 300 feet. It was noted by Mr. Hardy that City Staff had interpreted the measuremnt in the manner submitted by the Planning & Zoning Commission Minutes - September 20, 1988 Page 3 applicant; and the City Attorney's office had accepted the "proof of distance" submitted at the previous public hearing. Mr. ]Boyle noted that the City of Grapevine Ordinance was difficult to interpret; and Mayor Tate noted that the Grapevine-Colleyville Independent School District had questioned the interpretation in this instance bringing to light the difference of opinion on the correct method to take the measurement. Then in researching for clarification, the City Attorney's Office had reached the conclusion that the measurement had been wrongly taken by the applicant's engineer. Then Mr. Hardy introduced Mrs. Jherrie Logan, who quoted minutes of the Meeting of April, 1987. She further described the hardship caused the business when patrons were told no beer was available; they would leave the premises without making any purchases, gas, groceries, drinks, buying those items at locations where beer was sold. She then introduced Mx. Jerry Postulate who was to be her store manager who spoke in favor of the request and complimented the management capabilities of Mrs. Logan. Others speaking in favor of the request were Mr. Rudy Ferein from the Philippine Islands who con -pared the Deli -Mart facility with those in his country, noting that it rated with the finest; Mr. Bob Young of Cal -Tex Petroleum who compared the Deli Mart with the finest in this country; Mr. Guy Knoles of 3406 Timberline; Ms. Peggy Norris; and Mr. Edward Abrams. The City Secretary read into the record the letter from the Grapevine- Colleyville Independent School District. There was no other correspondence for or against the request other than the petition submitted by the applicant with 808 in favor and 34 against beer sales. In their deliberation session, the Commission reached a general consensus that the applicant should receive a variance to newly required measurement method, the only concern being that it would effect future cases. Chairman Ron Cook noted that had the applicant been aware that the building would not be far enough from school property prior to building construction, with the available land area, the distance could have been increased by moving the building. Then Commissioner Larry Atchley made a motion to recannend the City Council approve the conditional use as requested, with a second from Cathy Martin, and the prevailing vote as follows: Note: Chairman Ron Cook and Vice Chairman Larry Oliver abstained being School District FRployees. Ayes: Martin, Atchley, Meyer, Price and Hinson Nays: None Abstain: Cook and Oliver The Commission's next item to consider and make a recommendation to the City Council was the proposed Replat of Lots 11A and 11B of the W. C. Lucas Addition. In the public hearing session, Mr. Mark Pacheco advised that the - subject property located at the northeast intersection of Dove Road and Autumn Drive and zoned "R-12.5", Single -Family Residential, presently one lot, must be replatted for construction purposes. The applicant, Mr. and Mrs. Joseph Disselkoen, requested that the City Council consider waiving the open space fees due to other City -required fees. There was no correspondence or none present to speak for or against the requested replat. In the Commission's deliberation session, Mr. Hardy reviewed the Open Space requirement, noting that in past similar circumstances the fees had not been waived. Mark Pacheco discussed the flood plain easement requirement on the lot which would need to be dedicated by plat and that the Dove Road right-of-way dedication would be required. It was also noted that a sewer line on the property would be relocated by the City; and Mark advised that the applicant had met other replatting Planning & Zoning ConTnission Minutes - September 20, 1988 Page 4 requirenents. Chris Caso offered further clarification as to reasons the applicant was required to suhnit all dedications and not the owner of the remainder of the property proposed for replat; and if the other owner had wished to build first, it Would have been necessary for him to meet those City requirexpents. There being, no further corm-nents, Cathy Martin's motion to recomend that the City Council approve the replat of Lots 11A and 11B, further recoimending that the open space money be for only Lot 11A, waiving that requirement frcm 11B; also that the sewer line relocation be agreeable to the applicant and City. Robert Hinson offered. a second. The prevailing vote was as follows: Ayes: Cook, Oliver, Price, Martin, Atchley, Meyer and Hinson Nays: None Absent: None THE FI]NAL PLAT OF SIL VERCREST ADDITION. PHASE I Next the Conmission was to consider the Final Plat of Silvercrest Addition located south of Kimball and east of the former Snakey Lane (or the proposed Silvercrest Lane) to make a reco=ndation to the City Council. Mr. Pacheco explained. that the new plat was submitted because the previously -approved plat was no longer effective since the six -ninth expiration period had lapsed. It was also noted that the construction of the road was contingent on the sale of the property and the smallest lot was 75' X 125', with all lots being in compliance with the Pickering Farm Site Plan. There being no further discussion, a motion from Ery Meyer to recd that the City Council approve the Final Plat of the Silvercrest Addition and a second from Robert Hinson preceded the prevailing vote as follows: Ayes: Cook, Oliver, Martin, Hinson, Price, Meyer and Atchley Nays: None Absent: Nbr-e FINAL PLAT OF SIL ST ADDITION, PHASE II Next the Comnission was to consider the proposed Final Plat of the Silvercrest Addition, Phase II, to make a reconmendation to the City Council. Mark Pacheco noted that the right-of-way along Kimball Road had been dedicated, that construction plans were being reviewed on both phases, and utilities will be from Silvercrest Lane, with Silvercrest being required to be completed before the subdivision is released. There being no further discussion or questions, a motion from Larry Atchley and a second from Cathy Martin to recom-nend that the City Council approve the Final Plat of Silvercrest Addition, Phase II preceded the prevailing vote as follows; Ayes: Cook, Oliver, Martin, Meyer, Atchley, Hinson and Price Nays: None Absent: None FINAL PLAT OF PARK AND TVALL ADDITION The next item for the Comission's consideration to make a recomTendation to the City Council was the Final Plat of Park and Wall Addition. The Final Plat of the Park and Wall Addition was submitted in conjunction with the requested Conditional Use. Mr. Hardy advised that the plat could be approved even though the Con -mission had reconvended denial of the Conditional Use on the same property. Planning & Zoning Commission Minutes - September 20, 1988 Page 5 There being no further discussion, a motion from Larry Atchley and second from Larry Oliver was to recommend that the City Council approve the plat, with the prevailing vote as follows: Ayes: Cook, Oliver, Price, , Martin, Atchley and Meyer Nays: None Abstain: Hinson Absent: None Mr. Barry Knight asked for clarification relative to the vote on the Conditional Use request, and Commissioner's discussion reached a consensus that the vote to deny CU88-06 should be reconsidered. After lengthy discussion relative to adding stipulations for the 40 foot pole sign, Commissioner Larry Atchley made a motion to rescind the former motion and Commissioner John Price seconded the motion which prevailed by the following vote: Ayes: Cook, Oliver, Martin, Atchley, Meyer and Price Nays: None Abstain: Hinson Absent: None Then John Price made a motion to recommend that the City Council approve the request with the exception of the 40 foot pole sign and correcting the request for wine sales on the conditional use application form with no second super -market to be part of the request. A second from Cathy Martin resulted in the following tie vote, constituting another denial: Ayes: Martin, Price and Meyer Nays: Cook, Oliver and Atchley Abstain: Hinson Absent: None Following still further deliberation as to validity of the need for a sign as high as 40 feet, Larry Atchley, then made a motion to approve - Conditional Use Request CU88-06, allowing a planned shopping center designation, off -premise beer (only) sales for the supermarket, correcting the request for wine sales and an additional supermarket, and approval of the 40 foot pole sign if the applicant will limit the number of pole signs to five (5), reducing the allowable signage from seven (7). Then Cathy Martin requested clarification as to where the signs would be placed, after which Vice Chairman Larry Oliver offered a second to the motion, with the prevailing vote as follows: Ayes: Cook, Oliver, Martin, Meyer, Atchley, and Price Nays: None Abstain: Hinson Absent: None Next the Commission was to consider a request from Mx. Bill Cowley to allow removal of treesfwhich had alreadv been cut). Marcy Ratcliff, Planner, stated that Mr. Cowley was present, and Staff recommends that the Commission take whatever action they deem appropriate. Further Mrs. Ratcliff summarized that City Staff became aware that trees were being removed when a City construction inspector reported same. Lm-ediately the City code enforcement officer issued a stop work order and advised the property owner, Mr. Cowley, to submit a tree removal application. The application was submitted August 19, 1988; however the site plan did not indicate the number of trees which had been removed, so pictures of the site were taken. Mr. Cowley advised that he had been given permission to fill the flood plain area of his property by the State Highway Department with dirt taken from cutting the adjacent road and that he had not given the contractor hired to spread that dirt permission to remove any trees. Following further lengthy discussion, Mr. Hardy recommended that Mr. Cowley be Planning & Zoning Corrmission Minutes - September 20, 1988 Page 6 given a tree removal permit for only those trees that had been removed, with none to be removed after September 20, 1988. Commissioner Cathy Martin made a motion to that effect; and Robert Hinson offered a second, with the prevailing vote as follows: Ayes: Cook, Oliver, Martin, Meyer, Atchley, Hinson and Price Nays: None Absent: None w zkomagg 0 1 BW4%*,= EU Wo " g �W� M&I W2..j =Ljgxo sal kn�g 411 am F-47-.1 DEVELOPNENT STANDARDS - AUTHORIZE STAFF TO SET A PUBLIC BEARING Marcy Ratcliff explained a need for clarification of the wording in Section 58, Parking and Loading Area DevelopTent Standards. It was noted that interpretation presently could exempt paving of parking other than that specifically _• by ordinance -if more than minimum •. the pa%,-ing requirements could be exempted. There being little discussion, Com-nisioner Ery Meyer made a motion to authorize City Staff to set a public hearing to consider the proposed amendment; and Robert Hinson seconded the motion which prevailed by the following vote: Ayes: Cook, Oliver, Martin, Meyer, Atchley, Hinson and Price Nays: None Absent: None W W W V 2 Z MI M t*,091110 WWWWAX) 6404 1 CO)INkL�WN Next the Comdssion was to conduct the third quarterly workshop meting of 1988. Chairman Cook advised that due to the lateness of the hour, he would request that the workshop be tabled; and Commissioner Larry Atchley made a motion to that effect, with a second from Larry Oliver, with the prevailing vote as follows: Ayes: Cook, Oliver, Martin, Meyer, Atchley, Price and Hinson Nays: None Absent: None Chairman Cook then requested that the historical preservation zonin!� • be one of the items considered at that workshop. Vice Chairman Larry Oliver recomnended that a list of items •- submitted to City Staff prior • the meeting by each Comissioner wishing to do so. The • was to -• a dinner quarterly workshop meting at 6:30 PM, October 11, 1988. No formal vote was taken. The Commissioner to attend the American Planning Association Seminar in Houston. October 3 through 8, 1988 was to have been John Price. However, Mr. Price advised City Staff that it was doubtful he could attend due to an exTloyee taking vacation time then. He noted that Staff would receive a definite confirmation or be advised that he could not attend right away. The final item for formal consideration by the Commission was the Minutes of the Meeting of August 16, 1988. It was noted that there was no second to the motion to recommend approval for the amendment to Grapevine Zoning Ordinance 82-73, Section 21.0.5, F.2, N and N.1 and 2. Then Ery Meyer made a motion to approve the minutes as amended and Robert Hinson seconded the motion which prevailed by the following vote: Ayes: Cook, Martin, Meyer, Atchley, Hinson and Price Nays: None Planning & Zoning Commission Minutes - September 20, 1988 Page 7 Abstain: Oliver Absent: None Then Chairman Cook declared that the meeting was adjourned at approximately 11:45 PM. PASSED AND APPROVED BY THE PIANNING AND ZONING COMMISSION OF THE CITY OF GFMEVINE, TEXAS, ON THIS THE 18TH DAY OF OCTOBER, 1988. APPROVED: CHAIRMAN ATTEST: Sn