HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-4/13/2015
City of Colleyville
Planning and Zoning
Commission
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, April 13, 2015 City 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 April 13, 2015 at 7:18 p.m.
Roll Call
Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim
Gotcher, Don Davis, David Phelps, and Jeff Byerly
Staff Present: Adam Marsh, Taci Wrisley, Patia Boomsma, Rob McKeown, Brian
Riley, Dale Crown, Marty Wieder, and Matt Butler (City Attorney)
1. APPROVAL OF MINUTES
Commissioner Knox made a motion to approve the minutes as
corrected. Commissioner Wheelwright seconded.
The motion to approve the minutes as corrected carried by the
following vote:
Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA AS A PUBLIC HEARING ITEM
There were no citizen comments/presentations regarding items not on the
agenda as a public hearing item.
3. REGULAR AGENDA ITEMS
3a Consideration of a replat on Lot 1, Block 1, of the Mac’s Bar and Grill
Addition located at 5120 State Highway 121, Case PC15-002
Patia Boomsma presented the case and briefed the Commission.
Commissioner Tornes questioned staff regarding whether the shared
parking agreement could be changed. Patia Boomsma replied the
shared parking agreement could be changed, but would require
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Minutes April 13, 2015
approval from the City.
Chairman Byerly questioned staff regarding whether any future
property owners would be subject to the shared parking agreement.
Patia Boomsma replied yes, the shared parking agreement would be
filed with Tarrant County and noted on the plat.
Commissioner Davis questioned staff regarding how many parking
spaces the proposed businesses would be short and does staff see an
issue with there being a parking shortage. Patia Boomsma replied the
combined lots would be short 25 parking spaces; however, the two
proposed uses (a restaurant and an office building) have different
peak parking times.
Julia Barth, property owner, came forward and briefed the
Commission.
Commissioner Davis questioned Ms. Barth regarding how many
stories the proposed building would be. Ms. Barth replied no more
than two (2) or possibly two (2) one (1) story buildings.
Aaron Siddique, 1502 Royal Lane, wished to record his support but
did not wish to speak.
Commissioner Tornes made a motion to approve Case PC15-
002. Commissioner Davis seconded.
The motion to approve Case PC15-002 carried by the following
vote:
Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and
Byerly
3b Consideration of a final plat on Abstract 685, of the J. Havens Survey,
Abstract 173, of the S. C. H. Witten Survey, and Abstract 441, of the
Jesse Doss Survey located at 2800 Heritage Avenue, Case PC15-008
Patia Boomsma presented the case and briefed the Commission.
Commissioner Tornes questioned staff regarding whether the
developer had mentioned commercial development on this
development. Patia Boomsma replied no.
Jay Volk, the applicant, came forward to answer any Commission
questions.
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Commissioner Phelps made a motion to approve Case PC15-
008. Commissioner Knox seconded.
The motion to approve Case PC15-008 carried by the following
vote:
Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly
Nay: 1 – Gotcher
4. PUBLIC HEARING AGENDA ITEMS
4a Consideration of a replat on Lots 34A & 35A, Block 1, of the Westcoat
Place Addition, located at 6012 and 6016 L. D. Lockett Road, Case
PC15-007
Patia Boomsma presented the case and briefed the Commission.
Commissioner Tornes questioned staff regarding whether the two (2)
lots were previously combined. Patia Boomsma replied it is possible,
however, the lots are platted separately under the current
configuration.
Chairman Byerly questioned staff regarding whether the proposed lot
configuration would be considered a flag lot. Patia Boomsma replied
no and explained that staff did not consider this a flag lot because the
residence is currently being constructed in the narrow portion of the
lot.
Commissioner Wheelwright questioned staff regarding where the pond
was located. Patia Boomsma replied the pond is located on the rear
portion of Lot 34A.
The public hearing was opened at 7:38 p.m.
Ryan Panno, the property owner, came forward and briefed the
Commission.
Commissioner Tornes questioned Mr. Panno regarding whether the
pond was completely located on Lot 34A. Mr. Panno replied that the
pond crosses the lot line.
Commissioner Gotcher asked Mr. Panno which lot the pond will be
located on if the lot line is moved per the proposed replat. Mr. Panno
replied Lot 35A.
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Discussion continued regarding the pond location.
Commissioner Phelps questioned Mr. Panno regarding the size of the
pond. Mr. Panno replied that the pond is approximately eighty
percent of the piece of property that would be moving over.
Commissioner Phelps asked Mr. Panno if all of the accessory
structures would be removed from Lot 35A. Mr. Panno replied that
they have all been removed.
Discussion continued regarding accessory buildings.
There being no one else wishing to speak, the public hearing was
closed at 7:45 p.m.
Commissioner Knox made a motion to approve Case PC15-007.
Commissioner Tornes seconded.
The motion to approve Case PC15-007 carried by the following
vote:
Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and
Byerly
4b Consideration of a Special Use Permit for an accessory building on Lot
3R1, Block 1, of the Pleasant Oaks Estates Addition, located at 601
Shelton Drive, Case ZC15-002
Patia Boomsma presented the case and briefed the Commission.
Commissioner Phelps questioned staff regarding whether the
ordinance explicitly stated or implied that commercial and/or
residential uses were prohibited for the accessory building. Patia
Boomsma replied it is not explicitly stated, but if the Commission so
wished, the condition could be added.
The public hearing was opened at 7:50 p.m.
Jeff Vanderpool, the property owner, came forward to address
questions.
Commissioner Phelps questioned Mr. Vanderpool regarding whether
the accessory building would be used for commercial or residential
purposes. Mr. Vanderpool replied no.
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Commissioner Tornes questioned Mr. Vanderpool regarding whether
any of the existing accessory buildings would be removed. Mr.
Vanderpool replied yes, there are two (2) small accessory buildings
that will be removed.
Iris Graves, 516 Shelton Drive, came forward and spoke in support.
There being no one else wishing to speak, the public hearing was
closed at 7:52 p.m.
Commissioner Gotcher made a motion to approve Case ZC15-
002. Commissioner Davis seconded.
The motion to approve Case ZC15-002 carried by the following
vote:
Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and
Byerly
4c Consideration of an amendment to the PUDC-Planned Unit
Development Commercial zoning requirements on Abstract 1154, of
the R. H. McEwing Survey located at 8092 Precinct Line Road, Case
ZC15-005
Patia Boomsma presented the case and briefed the Commission.
The public hearing was opened at 7:58 p.m.
Terry Cunningham, the architect, came forward and briefed the
Commission.
Commissioner Phelps questioned Mr. Cunningham regarding whether
there would be an opportunity for retail use in the proposed buildings.
Mr. Cunningham replied that Lot 1 is proposed for an orthodontist
office. Lot 2 is proposed as a multi-tenant building and is not
designed for retail but they would accommodate if needed, and Lot 3
has not been designed but could also accommodate some retail.
Discussion continued regarding potential uses.
Paul Moss, the property owner, came forward and explained to the
Commission the dilemma they were facing with regard to lack of
interest in retail space at this location.
Commissioner Phelps questioned staff regarding whether the
applicant would need to come before the Planning and Zoning
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Commission again if retail users were interested. Patia Boomsma
replied no. She further explained that the applicant would need to
come before the Commission again if significant changes were made
to the site plan.
Commissioner Tornes questioned Mr. Moss regarding the type of uses
that had shown interest in their development. Mr. Moss replied an
orthodontist and another medical use for the larger building.
Lynnette Stanley, 1101 Lavaca Trail, came forward and spoke in
opposition.
There being no one else wishing to speak, the public hearing was
closed at 8:14 p.m.
Chairman Byerly asked staff to go over the city requirements for
drainage in new developments. Adam March explained a new
development may not increase runoff and the city will ensure the
requirements of the Land Development Code are met.
Discussion occurred regarding drainage near the subject property.
Commissioner Davis made a motion to approve Case ZC15-
005. Commissioner Gotcher seconded.
The motion to approve Case ZC15-005 carried by the following
vote:
Aye: 6 – Knox, Wheelwright, Gotcher, Davis, Phelps, and Byerly
Nay: 1 – Tornes
4d Consideration of a Special Use Permit for an accessory building on Lot
12, Block 4, of the Ashmore Addition located at 2705 Highgrove
Court, Case ZC15-006
Patia Boomsma presented the case and briefed the Commission.
The public hearing was opened at 8:22 p.m.
Kelly Fontenot, the property owner, came forward to answer any
questions.
Commissioner Davis questioned Mr. Fontenot regarding whether there
would be any bedrooms in the proposed accessory building. Mr.
Fontenot replied no. Mr. Fontenot further explained that the proposed
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accessory building would be an entertainment space for his teenage
boys.
Commissioner Tornes questioned Mr. Fontenot regarding whether the
building materials of the proposed structure would match the existing,
primary structure’s building materials. Mr. Fontenot replied yes.
Commissioner Phelps questioned Mr. Fontenot regarding whether he
had considered a smaller structure with less square footage. Mr.
Fontenot replied yes, however, it would not be sufficient for what he
plans to do with the space.
Commissioner Davis added that most lots in this zoning district are
not as large as the subject property.
Discussion continued regarding the proposed structure.
There being no one else wishing to speak, the public hearing was
closed at 8:25 p.m.
Commissioner Tornes made a motion to approve Case ZC15-
006. Commissioner Wheelwright seconded.
The motion to approve Case ZC15-006 carried by the following
vote:
Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and
Byerly
4e Consideration of an amendment to the Special Use Permit
requirements on Lot 1R1, Block 2, of the Village Park Addition located
at 4701 Colleyville Boulevard, Case ZC15-007
Patia Boomsma presented the case and briefed the Commission.
Commissioner Tornes questioned staff regarding the height of the
trees that would be planted as screening. Patia Boomsma replied the
trees would be six feet (6’) in height at the time of installation and
would be approximately 14 feet in height at maturity.
Commissioner Phelps questioned staff regarding concerns pertaining
to safety and any type of mischief due to the absence of a fence.
Patia Boomsma replied she had spoken to the legal council
representative for the business and was told more injuries have
occurred by breaking the pallets down to 4 feet (4’) than in any other
circumstance.
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Discussion occurred between staff and the Commission regarding
adding the condition to extend the proposed screening the entire
length of the island.
The public hearing was opened at 8:34 p.m.
Sara Smith, the applicant, came forward and briefed the Commission.
Commissioner Phelps clarified his suggestion that the screening trees
should only cap the parking spaces where the product would be
stacked. Ms. Smith replied the request is feasible.
Commissioner Gotcher questioned Ms. Smith regarding whether the
customers would be getting their own merchandise down from the
eight foot (8’) pallets or would the employees. Ms. Smith replied the
customers do not load their own merchandise, the employees would
do the loading.
Discussion continued between Mr. Smith and the Commission
regarding how the pallets are packaged, delivered, and maneuvered
once they are placed on site.
Commissioner Phelps questioned Ms. Smith regarding whether she
believed the merchandise, with no fence or security, was safe and
mentioned that some of the other big box stores use fences to secure
their bulk merchandise. Ms. Smith replied that there was some theft,
but overall the merchandise was safe.
Jeffrey Owen, 809 Creekview Lane, came forward and spoke in
support with the condition that sufficient screening be required.
There being no one else wishing to speak, the public hearing was
closed at 8:46 p.m.
Commissioner Wheelwright questioned staff regarding if there was
any indication of why four feet (4’) was the limit in the previous
ordinance. Patia Boomsma replied that no rationale was provided in
the original SUP request.
Discussion occurred between Ms. Smith and the Commission
regarding the various heights of merchandise the store receives.
Commissioner Phelps stated he felt the screening was beneficial for
the homeowners to the south of the property but was not sure if
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fencing should be required to ensure security.
Commissioner Davis stated he felt that Ace Hardware knows how to
run their business and would not be asking for something if they saw
it as a life safety issue.
Discussion occurred regarding dumpster enclosures on the property.
Commissioner Phelps made a motion to approve Case ZC15-
007 with the following condition: 1) that the proposed
screening be extended around the southeastern corner of the
parking spaces. Commissioner Davis seconded.
Chairman Byerly stated he would like to recommend that staff provide
a street view photo of the proposed screening location from the
southeast direction to the City Council.
Commissioner Wheelwright stated he felt the height seemed
dangerous and did not feel comfortable with removing the four foot
(4’) height requirement.
Commissioner Phelps stated he felt the screening seemed like a fair
compromise to allowing the eight foot (8’) height.
Discussion occurred among the Commission regarding other
businesses with the same merchandise and pallet size.
Commissioner Tornes questioned the city attorney regarding whether
the City was concerned with any legal exposure regarding this case.
Matt Butler replied the city attorney’s office is not concerned with
legal exposure regarding this case.
The motion to approve Case ZC15-007 with the following
condition: 1) that the proposed screening be extended around
the southeastern corner of the parking spaces carried by the
following vote:
Aye: 5 – Tornes, Gotcher, Davis, Phelps, and Byerly
Nay: 2 – Knox and Wheelwright
5. ADJOURNMENT
The meeting adjourned at 9:10 p.m.
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The minutes were written and prepared by:
Taci Wrisley
Planning and Zoning Assistant
The meeting minutes were approved on May 11, 2015 by a vote of 7-0.
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