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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-04/10/2017 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, April 10, 2017 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Dodson on April 10, 2017, at 7:08 p.m. Roll Call Present: Commissioners Susan Mathisen, Sam van Bever, George Dodson, John Frazier, and Jason Elms Absent: Commissioner Veronica Baughman and Charles Kelley Staff Present: Ben Bryner, Shane Pace, Fire Chief Brian Riley, Oscar Chavez, Taylor Schauwecker, Robert McKeown, Araceli Botello, and Assistant City Attorney Victoria Thomas 1. SWEARING IN OF NEWLY APPOINTED MEMBERS Araceli Botello swore in newly appointed member John Frazier, Place 6 2. APPROVAL OF MINUTES Commissioner van Bever made a motion to approve the March 13, 2017 minutes. Commissioner Mathisen seconded. The motion to approve the March 13, 2017 minutes carried by the following vote: Aye: 5 – Mathisen, van Bever, Dodson, Frazier, and Elms 3. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. Planning and Zoning Commission Minutes April 10, 2017 City of Colleyville Page 2 4. REGULAR AGENDA ITEMS 4a Consideration of a minor plat for the Glory House-Colleyville Addition on property legally described as Tract 3A, Abstract 206, of the BBB & C RY Survey, located at 5300 Pleasant Run Road, Case PC17-003 Shane Pace presented the case and briefed the Commission. Commissioner Elms questioned staff regarding the easement for the fire lane access to the north of the subject property. Staff responded that they could not confirm if the easement had been signed off and filed with the county, but the applicant could respond to the question. The applicant, Olanrewaju Sobo, 605 Cherry Tree Drive, Keller, came forward and briefed the commission. Commissioner Elms questioned applicant regarding the status of the easement for the fire lane access. Applicant responded that he believed the easement document was signed and filed three weeks ago. Chairman Dodson questioned applicant regarding the building being two story. Applicant confirmed. The public hearing was opened at 7:21 p.m. There being no one present wishing to speak, the public hearing was closed at 7:21 p.m. Commissioner Elms made a motion to approve Case PC17-003 with the condition that the applicant submit the recorded fire lane easement prior to the filling of the plat. Commissioner Mathisen seconded. The motion to approve Case PC17-003 with the condition that the applicant submit the recorded fire lane easement prior to the filing of the plat carried by the following vote: Aye: 5 – Mathisen, van Bever, Dodson, Frazier, and Elms 5. PUBLIC AGENDA ITEMS 5a Consideration of a Special Use Permit for Automotive and Motor Vehicle Sales on Lot 2R, Block 1, of the Nystel Addition, located 1821 John McCain Road, Case ZC17-004 Shane Pace presented the case and briefed the Commission. Planning and Zoning Commission Minutes April 10, 2017 City of Colleyville Page 3 Commissioner Elms question staff regarding the surface of the adjacent property, on 1815 John McCain Road. Staff responded the adjacent property is paved in concrete. Commissioner Frazier questioned staffed regarding the requirements of the current Special Use Permit for a paved surface on the adjacent property, at 1815 John McCain. Staff responded pavement was required based on the land use, and not a condition of the Special Use Permit. Commissioner Frazier questioned staff regarding the ordinance not permitting gravel or car sales on the subject property. Staff responded there are two ordinances, the existing ordinance for 1815 John McCain, and the proposed draft ordinance in the agenda packet. Commissioner Mathisen made a notation that the existing ordinance for 1815 John McCain Road (2012) does not speak to pavement being a requirement. Discussion continued regarding the type of surface required on the property. Chairman Dodson questioned staff regarding the requirement for screening. Staff confirmed, screening is a requirement. Commissioner Frazier questioned staff regarding whether the request for the Special Use Permit was for vehicle sales or vehicle storage. Staff responded that it was determined vehicle sales was the appropriate designation based on the definition for vehicle sales area. Staff added that there is no specific Special Use Permit for vehicle storage. Chairman Dodson made a notation that it would be up to City Council to make a determination on the appropriate type of use. Staff confirmed. Discussion continued on the property’s use. The applicant, Andy Gardner, 4203 Mockingbird Lane, came forward and briefed the commission. Commissioner Elms questioned the applicant regarding the term of the lease. The applicant responded he has 5 months left on the lease and the opportunity to renew for a year. Commissioner Elms questioned applicant regarding the access to the property. Applicant responded there are two gates, one connects to his property’s office and the main gate on the opposite side of the property by the large building. Commissioner Mathisen questioned applicant regarding the current use for the property. Applicant responded that he is using the property for storage of vehicles. Planning and Zoning Commission Minutes April 10, 2017 City of Colleyville Page 4 Commissioner Elms questioned applicant regarding the number of times cars are moved on the property. Applicant responded that they move one, two, or three vehicles about two or three times a day. Commissioner Elms questioned applicant regarding dust on the property. Applicant responded that there is dust, but it does not create a nuisance. Chairman Dodson questioned applicant regarding gravel on the adjacent properties to the subject property. Applicant confirmed that the properties adjacent to the subject property have gravel on their lots. Commissioner Mathisen questioned the applicant regarding the requirements for the Special Use Permit. The applicant responded that he would have to meet with the landlord to discuss the requirement, especially with money to invest on a short term lease. Commissioner Mathisen questioned the applicant regarding landscaping the front of the property. The applicant responded he had previously been required for 1815 John McCain Road, but the area is in the driveway easement that belongs to the City and would require him to install an irrigation system. Discussion continued regarding landscaping requirements of the Special Use Permit. Commissioner Elms questioned staff regarding the term of a Special Use Permit. Staff responded that a Special Use Permit expires upon the termination of the existing business, and the next use or owner would be required to apply for a Special Use Permit. Staff added the permit can be conditioned for a period of time and then enforce the requirements or return to the Planning and Zoning Commission to revisit the case. Discussion continued regarding the term of conditions for the Special Use Permit. The public hearing was opened at 7:57 p.m. There being no one present wishing to speak, the public hearing was closed at 7:57 p.m. Commissioner Elms opened discussion regarding establishing a term to meet the requirements of the Special Use Permit. Staff confirmed that a term can be added to the Special Use Permit establishing when requirements need to be completed. Commissioner Mathisen made a notation to address the type of screening that would be required. Staff responded that the draft ordinance provides a starting point of requirements of a Special Use Permit for discussion. Planning and Zoning Commission Minutes April 10, 2017 City of Colleyville Page 5 Commissioner van Bever made a notation that holding the applicant to a standard that is not enforced of other adjacent properties would be inequitable. Commissioner Elms added the distinguishing factor is that this is a new use of the property and needs to meet the landscaping requirements of a new business. Discussion continued regarding landscaping requirements. Commissioner Mathisen made a motion to approve the Special Use Permit for Case ZC17-004 with the condition that within 18 months of this ordinance being approved by the City Council, landscaping shall be provided in the right-of-way adjacent to the property; where one 18 inch shrub or 5 gallon plant will be placed for each 5 feet of street frontage. Commissioner Elms seconded. The motion to approve the Special Use Permit for Case ZC17-004 with the condition that within 18 months of this ordinance being approved by the City Council, landscaping shall be provided in the right-of-way adjacent to the property; where one 18 inch shrub or 5 gallon plant will be placed for each 5 feet of street frontage carried by the following vote: Aye: 5 – Mathisen, van Bever, Dodson, Frazier, and Elms 5b Consideration of a zoning change from the R-40-Single Family Residential zoning district to the R-20-Single Family Residential zoning district on Lots 26 and 27, of the Community Home Addition, located at 1609 Cherry Lane, Case ZC17-005 Shane Pace presented the case and briefed the Commission. The applicant, Collin Travis, 4701 Jim Mitchel Trail W, came forward and briefed the commission. Commissioner Elms questioned applicant regarding the plan for the second lot, Lot 27. Applicant responded that there is no current plan for Lot 27. Commissioner Mathisen questioned applicant regarding the location of the existing home. The applicant responded that the home is located on Lot 26 and Lot 27 has a large barn. Commissioner Mathisen questioned applicant if the home encroaches on Lot 27. Applicant responded the house is located on Lot 26. Commissioner Elms questioned staff if the use is legal non-conforming at this time at ten feet from the property line. Staff confirmed and clarified that Planning and Zoning Commission Minutes April 10, 2017 City of Colleyville Page 6 staff was under the impression that construction would span over both of lots. Chairman Dodson questioned staff if the current zoning for both lots are R- 40. Staff confirmed. Chairman Dodson questioned staff if the request for is both lots to be zoned R-20. Staff confirmed. Staff added the request is based on the lots being approximately 27,500 square feet each and the applicant is the single property owner. Commissioner Elms questioned staff about re-zoning only the property that will be constructed on. Staff responded it is possible since both of the lots were noticed under one address. Commissioner Mathisen questioned staff about both lots being address under one address. Staff confirmed and added it is addressed based on the Tarrant County Appraisal District taxing it as one lot based on the one home on both lots, where parcel information is taken from the Tarrant Appraisal District. Chairman Dodson questioned staff if the property is listed as 52,000 square feet roughly. Staff confirmed. The public hearing was opened at 8:37 p.m. Kathleen Hennessey, 5013 Stonebridge Drive, came forward and spoke in opposition to the case. Ms. Hennessey addressed concerns regarding the cul- de-sac being out of standard and two gates off Chelsea Park built into the cul-de-sac that create vandalism, trespassing, and damages to trees. Stan Perry, 5111 Rose Street, came forward and spoke in opposition to the case. Mr. Perry addressed concerns regarding the proposed house will be built closer to his property. Nancy Rogers, 1612 Cherry Lane, came forward and spoke in opposition to the case. Ms. Rogers addressed concerns of keeping the consistency of the homes in the neighborhood, cul-de-sac, and drainage issues. The following people wished to record their position but did not wish to speak: Opposition: Dan Winters, 5012 Rose Street Nancy Rogers, 1612 Cherry Lane There being no one present wishing to speak, the public hearing was closed at 8:52 p.m. Planning and Zoning Commission Minutes April 10, 2017 City of Colleyville Page 7 Commissioner Elms made a notation regarding the lots being legally platted in order to build a home, and the request presented is for the adjustment of the setbacks and buildable area. Commissioner Elms questioned staff regarding the current zoning’s requirement effect on the subject property’s square footage for buildable area. Staff responded that the plat is a legal non-conforming lot and the percentage of the buildable area allowed for the current zoning penalizes the lot for being a smaller lot, creating less of a buildable area. Discussion continued regarding the request of the applicant for adjustment of setbacks and buildable area. Commissioner Frazier questioned staff regarding the potential of other properties in similar circumstance to request a rezoning from R-40 to an R- 20. Staff confirmed. Chairman Dodson questioned staff whether the request will allow for these properties to be divided. Staff confirmed that it does not allow for the division of the properties. Commissioner Mathisen questioned staff regarding the applicant’s request for a variance. Staff pointed out to the exhibits regarding the applicant’s request for variance. Discussion continued regarding the applicant’s initial request for a variance. Commissioner van Bever questioned staff regarding the possibility of Lot 26 taking 5 feet from Lot 27. Staff responded the property would need to be replatted and this would create more complexities for the applicant. The public hearing was re-opened at 8:58 p.m. Mary Alice King, 5016 Chelsea Drive, came forward and spoke in opposition to the case. Ms. King addressed concerns of drainage issues. There being no one else present wishing to speak, the public hearing was closed at 9:01 p.m. Chairman Dodson made a motion to deny Case ZC17-005. Commissioner Elms seconded. The motion to deny Case ZC17-005 carried by the following vote: Aye: 4 – Mathisen, van Bever, Dodson, and Elms Nay: 1 – Frazier Planning and Zoning Commission Minutes April 10, 2017 City of Colleyville Page 8 6. ADJOURMENT The meeting adjourned at 9:08 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on May 8, 2017 by a vote of 5-0.