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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/11/2015 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 11, 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 May 11, 2015 at 7:00 p.m. Roll Call Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim Gotcher, Don Davis, David Phelps, and Jeff Byerly Staff Present: Abra Nusser, Chris Fuller, Adam Marsh, Taci Wrisley, Patia Boomsma, Rob McKeown, Marty Wieder, and Matt Butler (City Attorney) 1. APPROVAL OF MINUTES Commissioner Knox made a motion to approve the minutes as corrected. Commissioner Tornes 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 Chairman Byerly moved this item from Item Number 3 to Item Number 2. There were no citizen comments/presentations regarding items not on the agenda as a public hearing item. 3. REGULAR AGENDA ITEMS – At the advice of Matt Butler, city attorney, Items 2a and 2b were heard as Public Hearing Items. 2a Consideration of a replat of Lot 1, Block 1, of the Brighton Oaks Addition, located at 2600 Sherwood Lane, Case PC15-010 Patia Boomsma presented the case and briefed the Commission. Commissioner Gotcher questioned staff regarding the sidewalk Planning and Zoning Commission Minutes May 11, 2015 City of Colleyville Page 2 requirements. Adam March replied all new development requires a sidewalk be constructed regardless of the location. He further explained the property owner has three (3) options: 1. Build the sidewalk 2. Request to escrow funds or 3. Request a waiver from City Council. Commissioner Tornes questioned staff regarding whether the Brighton Oaks Addition was ever zoned as a Planned Unit Development – Residential (PUD-R). Patia Boomsma replied no, it is straight zoned R20-Single Family Residential. Commissioner Tornes questioned staff regarding whether the applicant would be required to meet all city and federal requirements when developing and building on the subject properties. Adam Marsh replied yes. He explained the applicant would be required to provide a drainage study to show the new development would not have a negative impact on neighboring properties. Chairman Byerly questioned Matt Butler regarding why the replat was being heard as a public hearing agenda item versus a regular agenda item. Matt Butler replied the Legislature says if a plat meets all of the requirements of the Texas Local Government Code, the plat has to be approved. He further explained due to this case being a residential replat, a public hearing is required. Commissioner Phelps questioned Matt Butler regarding whether the same rules would apply if the applicant were asking for a waiver on the plat. Matt Butler replied if a waiver were being requested, the commission would have the ability to deny the plat. The public hearing was opened at 7:13 p.m. David Duecaster, the property owner, came forward and briefed the Commission. Commissioner Gotcher questioned Mr. Duecaster regarding the intent for the lots. Mr. Duecaster replied the intent is to build his own residence on Lot 1R-A and to eventually sell Lot 1R-B. Commissioner Gotcher questioned Mr. Duecaster regarding why he did not allow the City to clean the creek all the way down Jackson Road, several years back. Mr. Duecaster replied he originally accepted the offer but withdrew his acceptance when he discovered the City was requiring him to sign over a 35 foot easement on each side of the property. He further explained that their building plans at Planning and Zoning Commission Minutes May 11, 2015 City of Colleyville Page 3 the time could not accommodate the new proposed easements. Discussion continued regarding drainage concerns. Commissioner Phelps questioned Mr. Duecaster regarding his explanation of the upper and lower lot. Mr. Duecaster explained when he used the terms upper and lower, he was referring to elevation. He further explained Lot 1R-A was being referred to as the upper lot and Lot 1R-B was being referred to as the lower lot. Commissioner Tornes questioned Mr. Duecaster regarding whether there were plans to build on Lot 1R-B. Mr. Duecaster replied he has no plans to build on it himself and that he hopes to sell it. Discussion occurred regarding drainage flow. Brad Haga, 4100 Spring Hollow Street, came forward and spoke in opposition with regard to drainage concerns. Rod Wernicke, 4208 Allendale Street, came forward and spoke in opposition with regard to drainage concerns. Pat Gibson, 2604 Sherwood Lane, came forward and spoke in opposition with regard to drainage concerns. Linda Collins, 2705 Sherwood Lane, came forward and spoke in opposition with regard to drainage concerns. Gary Borofsky, 2609 Sherwood Lane, came forward and spoke in opposition with regard to drainage concerns. Teri Fay, 2905 Hickory Hill Lane, came forward and spoke in opposition with regard to drainage concerns. Lakshmi Nair, 4120 Jackson Road, came forward on behalf of her mother and spoke in opposition with regard to drainage concerns. The following wished to record their opposition but did not wish to speak: Mike Tatum, 4100 Allendale Street Joey Cutrona, 3005 Sherwood Lane Raymond De Forz, 2912 Hickory Hill Lane John Muller, 2804 Sherwood Lane Sandra Muller, 2804 Sherwood Lane Planning and Zoning Commission Minutes May 11, 2015 City of Colleyville Page 4 and Julia White, 2904 Hickory Hill Lane David Duecaster, property owner, and Nick Avila, the builder, wished to record their support. There being no one else wishing to speak, the public hearing was closed at 7:47 p.m. Nick Avila, the builder, came forward to address comments and concerns. Commissioner Phelps questioned Mr. Avila regarding the development and marketing potential of Lot 1R-B. Mr. Avila replied it is unknown what will be done with Lot 1R-B if the property is sold. He further explained there is sufficient room to construct a single family residence if a buyer chose to do so. Discussion continued regarding Lot 1R-B and future development. Commissioner Phelps questioned staff regarding whether exceptions were made to property owners of undevelopable properties. Patia Boomsma replied Lot 1R-B is not undevelopable, however, it will be a challenge to develop. She further explained no exceptions or accommodations are made in this situation. Discussion continued regarding development in the 100-Year Flood Plain. Chairman Byerly questioned staff regarding how the maintenance of the creek would be addressed. Adam Marsh replied staff would need to do some research to see if an approved grading plan was being adhered to, if one was submitted with the original subdivision. Commissioner Tornes questioned staff regarding whether public notices would be sent out when or if Lot 1R-B is to be developed. Adam Marsh replied no. Commissioner Wheelwright questioned staff regarding whether construction on either lot would prompt the City to look at the drainage flow under Jackson Road. Adam Marsh replied no. Chairman Byerly questioned Matt Butler regarding whether the City could change the Land Development Code in order to notify property owners downstream of a proposed development. Matt Butler replied Planning and Zoning Commission Minutes May 11, 2015 City of Colleyville Page 5 it would be discretionary but could be done if the City wished to do so. Chairman Byerly encouraged the applicant to look into offering Lot 1R-B to the City as parkland. Chairman Byerly made a motion to approve Case PC15-010. Commissioner Phelps seconded the motion. The motion to approve Case PC15-010 carried by the following vote: Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly Nay: 1 – Gotcher 2b Consideration of a replat of Lots 1 and 2, Block 2 of the Andy Felps Addition, located at 120 Acuff Lane, Case PC15-005 Chairman Byerly recused himself from this case and vice-chairman, David Phelps, led the Commission. Patia Boomsma presented the case and briefed the Commission. The public hearing was opened at 8:08 p.m. Brad Eubanks, on behalf of the applicant, came forward to answer Commission questions. Commissioner Phelps questioned Mr. Eubanks regarding what the use of the residential structure was today. Mr. Eubanks replied it is an office for Elite Wireless. There being no one else wishing to speak, the public hearing was closed at 8:10 p.m. Commissioner Tornes made a motion to approve Case PC15- 005. Commissioner Davis seconded. The motion to approve Case PC15-010 carried by the following vote: Aye: 6 – Knox, Tornes, Wheelwright, Gotcher, Davis, and Phelps 4. PUBLIC HEARING AGENDA ITEMS Planning and Zoning Commission Minutes May 11, 2015 City of Colleyville Page 6 4a Consideration of a zoning change from the R40 – Single Family Residential zoning district to the R20 – Single Family Residential zoning district on Abstract 1248, of the Thomas J. Polson Survey, located at 508 Black Drive, Case ZC15-008 Patia Boomsma presented the case and briefed the Commission. Commissioner Tornes questioned staff regarding why the adjacent lots were zoned R20-Single Family Residential but were surrounded by commercial and R40-Single Family Residential. Patia Boomsma replied she was unsure but staff would do more research to determine the circumstances surrounding the zoning of those lots. Commissioner Phelps questioned staff regarding the minimum lot width for R40-Single Family Residential and did the lots in the general area appear to meet those requirements. Patia Boomsma replied the minimum lot width for R40-Single Family Residential is 150 feet. She further explained the lots in the general area did appear to meet the R40-Single Family Residential requirements with the exception of the lot just to the west of the subject property. Commissioner Phelps questioned staff regarding whether the property to the north has a point of access other than Ford Drive and was it considered a flag lot. Patia Boomsma replied they do not have another point of access and it is considered a flag lot. Commissioner Wheelwright questioned staff regarding whether Ford Drive was included as part of 508 Black Drive and would they be required to improve Ford Drive. Patia Boomsma replied Ford Drive is a private access easement and access must be provided to this easement. She further explained the property owner would not be required to improve Ford Drive. Commissioner Tornes questioned staff regarding whether Ford Drive was a city maintained road. Patia Boomsma replied no, it is not. Commissioner Phelps questioned staff regarding who would be responsible for providing adequate access to the flag lot. Adam Marsh replied the flag lot would be responsible. Commissioner Tornes questioned staff regarding whether 508 Black Drive could remove the private access easement. Patia Boomsma replied a replat could be submitted for consideration by the Planning and Zoning Commission to remove the easement. Planning and Zoning Commission Minutes May 11, 2015 City of Colleyville Page 7 The public hearing was opened at 8:19 p.m. Ron and Lori Cimonetti, the applicants, came forward and briefed the Commission. There being no one else wishing to speak, the public hearing was closed at 8:20 p.m. Commissioner Phelps questioned Mr. Cimonetti regarding the irregular property line and the single family structure that exists today. Mr. Cimonetti replied the existing house would eventually be demolished and the irregular property line would remain. Mr. Cimonetti further explained both proposed lots would front on Black Drive. Commissioner Knox made a motion to approve Case ZC15-008. Commissioner Phelps seconded. The motion to approve Case ZC15-008 carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4b Consideration of a zoning change from the CN – Neighborhood Commercial zoning district to the CPO – Professional Office zoning district on Lots 1-4, Block 1, of the C-D Subdivision, located at 6513 Colleyville Boulevard, Case ZC15-009 Patia Boomsma presented the case and briefed the Commission. Commissioner Tornes questioned staff regarding whether retail is a viable option for the subject properties given the adjacent uses. Patia Boomsma replied the Future Land Use Plan designates the subject properties as retail. The public hearing was opened at 8:29 p.m. Terry Cunningham, the architect for the proposed development, and Ken Green, the applicant, came forward and briefed the Commission. Commissioner Phelps questioned Mr. Green regarding prospective tenants for the proposed development. Mr. Green replied Lighthouse Family Medicine would be occupying the first building and an attorney would be leasing a suite on the second building, both are current tenants of another of his properties just across Colleyville Boulevard. He further explained the rest of the suites in the second building have Planning and Zoning Commission Minutes May 11, 2015 City of Colleyville Page 8 not yet been leased. Commissioner Phelps questioned Mr. Green regarding whether he would have any issues leasing the spaces where Lighthouse Family Medicine and the attorney currently are located and is retail allowed in those spaces. Mr. Green replied they usually have good luck with this location due the building being located next to the Chamber of Commerce. He further explained retail uses are allowed in this location. Commissioner Tornes questioned Mr. Green regarding how he was marketing the remaining lease spaces. Mr. Green replied he has reached out and sent letters to neighboring businesses and existing clients to generate interest. Commissioner Wheelwright questioned Mr. Cunningham regarding the architectural look of the building. Mr. Cunningham replied the building will be mostly stone and brick with some metal architectural features, such as a rounded entry for Lighthouse Family Medicine. There being no one else wishing to speak, the public hearing was closed at 8:34 p.m. Commissioner Phelps questioned Marty Weider regarding his opinion of the proposed development. Marty Weider replied he believes this would be a great opportunity for this location. He further explained due to the lack of a signal at this corner, a higher traffic generating use would not be ideal. He also added while the proposed uses would not generate sales tax for the City, it would generate more daytime population. Commissioner Wheelwright questioned Marty Weider regarding whether the widening of Colleyville Boulevard would help retail thrive at the proposed location. Marty Weider replied he believes it would make it more difficult due to a median being in the center of Colleyville Boulevard. Commissioner Tornes questioned Marty Weider regarding the potential to lease the spaces across Colleyville Boulevard, where Lighthouse Family Medicine and the attorney would be vacating, to a retail tenant. Marty Weider replied while it is a possibility, the uses may not be sole retail uses. Discussion continued regarding potential uses in the area. Planning and Zoning Commission Minutes May 11, 2015 City of Colleyville Page 9 Commissioner Gotcher made a motion to approve Case ZC15- 009. Commissioner Davis seconded. Commissioner Knox stated he believes the proposed development would be a great addition to Colleyville Boulevard. The motion to approve Case ZC15-009 carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 5. ADJOURNMENT The meeting adjourned at 8:41 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on June 8, 2015 by a vote of 6-0.