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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 City of Colleyville Page 1 Planning and Zoning Commission 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. City of Colleyville Page 2 Planning and Zoning Commission Minutes April 13, 2015 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. City of Colleyville Page 3 Planning and Zoning Commission Minutes April 13, 2015 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. City of Colleyville Page 4 Planning and Zoning Commission Minutes April 13, 2015 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 City of Colleyville Page 5 Planning and Zoning Commission Minutes April 13, 2015 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 City of Colleyville Page 6 Planning and Zoning Commission Minutes April 13, 2015 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. City of Colleyville Page 7 Planning and Zoning Commission Minutes April 13, 2015 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 City of Colleyville Page 8 Planning and Zoning Commission Minutes April 13, 2015 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. City of Colleyville Page 9 Planning and Zoning Commission Minutes April 13, 2015 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. City of Colleyville Page 10