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2010-12-13 Meeting Report (Soil Stockpile Ordinance)SPIN MEETING REPORT CASE NO. N/A PROJECT NAME: Soil Stockpile Ordinance SPIN DISTRICT: Citywide MEETING DATE: December 13,2010: 6:00 PM MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A 3B TOTAL ATTENDANCE: Ten (10) SPIN REPRESENTATIVE(S) PRESENT: None APPLICANT(S) PRESENTING: Daniel Cortez, Planner I STAFF PRESENT: Lorrie Fletcher, Planner I; Ken Baker, Director of Planning Development Services; Greg Last, Director of Economic Development; Jill Lind, Tourism Marketing Manager STAFF CONTACT: Daniel Cortez, (817)748 -8070; dcortez(a�ci.southlake.tx.us EXECUTIVE SUMMARY Details City staff presented and requested feedback on a proposed ordinance to regulate soil stockpiles. There are no current regulations regarding stockpiles. The proposed ordinance would be added to the International Building Code to address issues. A soil stockpile was defined as any excess soil gathered in a specific location from construction activities for potential use in the future. One solution suggested seeding grass to help the stockpile blend in with the environment. It was also mentioned that this ordinance would be applied specifically to post- construction. Two options were presented defining slope and height: 1. Slope No individual soil stockpile shall exceed a slope ratio of 5:1 Height No individual soil stockpile shall exceed a maximum height of five (5) feet from the highest grade on site. 2. Slope No individual soil stockpile shall exceed a slope ratio of 4:1 Height No individual soil stockpile shall exceed a maximum height of five (5) feet from the highest grade on site. A maintenance requirement was also proposed: In conformance with all other applicable requirements, the soil stockpile shall be stabilized by providing vegetative perennial cover with a density of seventy percent (705 at the responsibility of the property owner where the soil stockpile is located. QUESTIONS /CONCERNS Why not just require the dirt be removed? Would it be harder to enforce? o That is an option. We would like to have other alternatives when appropriate which could add to the landscape of larger tracts to keep it onsite. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. SPIN MEETING REPORT CASE NO. N/A PROJECT NAME: Alcohol Sales Ordinance SPIN DISTRICT: Citywide MEETING DATE: December 13, 2010: 6:30 PM MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A 3B TOTAL ATTENDANCE: Ten (10) SPIN REPRESENTATIVE(S) PRESENT: None APPLICANT(S) PRESENTING: Ken Baker, Director of Planning Development Services STAFF PRESENT: Lorrie Fletcher, Planner I; Daniel Cortez, Planner I; Greg Last, Director of Economic Development; Jill Lind, Tourism Marketing Manager STAFF CONTACT: Ken Baker, (817)748 -8067; kbaker(a�ci.southlake.tx.us EXECUTIVE SUMMARY Details City staff presented and requested feedback on a proposed amendment to the Comprehensive Zoning Ordinance No. 480, as amended, to regulate the sale of alcoholic beverages in certain retail zoning districts. This amendment is a result of a local business owner's request. In May 2010, the city received the required application for a petition and proof of publication from Greg Wilemon, Farpointe Wine Shop. Petitions were provided and signatures were verified. By September 2010, the City Council ordered a Local Option Election for May 14, 2011. The City of Southlake is located in Tarrant County as well as Denton County. This is the current status of alcohol sales: Denton County Tarrant County The legal sale of beer and wine The legal sale of beer and wine for for off premise consumption only off premise consumption only Beer, malt liquor and wine for sale in Beer, malt liquor and wine for grocery stores and convenience sale in grocery stores and stores convenience stores The legal sale of mixed beverages for on- premise consumption Beer, malt liquor, wine and distilled spirits in bars or restaurants This is the Petition Request: If the Local Option passes in May, the sale of alcoholic beverages will be allowed citywide for on- premise consumption (to include Denton County); and, liquor store sales would be allowed. These were the questions posed for consideration: What are the implications for local zoning? o Off premise sale of distilled spirits (liquor stores) What changes are being considered for the regulation of liquor stores? Restrict to certain zoning districts (Retail Districts such as C -3 C -4) Distance Requirements Crime Prevention Regulations The proposed zoning amendment will be brought to the Planning Zoning Commission for public hearing and recommendation to City Council followed by two readings at City Council to include a public hearing as well. QUESTIONS CONCERNS Colleyville has a similar ordinance that just came into effect. They are learning that it didn't work out how they had hoped. It's becoming a real problem. What can Southlake do to maximize distances? o Southlake regulations that are in place are consistent to the rules set by TABC (Section 109.33). It is 300 feet door to door from a church or hospital and 300 feet from property line to property line for schools. We review these at the time of permitting. A private school can request a 1000' distance if the zoning ordinance is amended to permit such a request. We can also look at limiting the use to commercial districts. Can the city define appearance? o Yes, we have regulations already in place that require certain building materials, landscaping, and allowable impervious coverage. The City Council may also consider requiring a specific use permit. Our city attorneys are reviewing this option. What constitutes distilled spirits? o TABC defines distilled spirits by alcohol content (prepared by the process of distillation)... generally most alcohol other than beer or wine, such as vodka. Will the ordinance be structured to control how many liquor stores are allowed? o We are looking at all legal aspects of this... it will ultimately be the City Council's decision. Any applicant will have to meet all city regulations for facade, materials, signs, etc. Do we have any input? o Yes, we are open to incorporating any recommendations into the ordinance. That is the main reason for this meeting. Please feel free to submit any ideas or suggestions. Do the current regulations keep liquor stores only in C -3 and C -4 zoning districts? o We currently do not allow for liquor stores. If the option passes, we are recommending limiting them to commercial districts and possibly the DT district. The Planning Zoning Commission and City Council will have to make these decisions. What if an applicant wants to occupy an existing building? o Some of the aesthetics of the building may be grandfathered, however, the distance requirements would still apply. They would also have to meet impervious coverage requirements. Has this ever come up before? o Not to this extent Will the city analyze how much this type of business will increase the need for public safety services? o The data exists... the City Council will have to decide if there is a relation. Will the liquor stores be allowed to have on- premise consumption? o No. They may have sampling but on- premise consumption is limited to bars and taverns only. GENERAL CONCERNS: We do not want any big box liquor stores in Southlake that are inconsistent with the current look and feel. We are concerned about having liquor stores on our borders of Keller and Grapevine. We want the convenience but NO TACKY STORES Very concerned about maintaining control SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council.