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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-07/10/2017 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, July 10, 2017 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission meeting was called to order by Vice Chairman van Bever on July 10, 2017, at 7:00 p.m. Roll Call Present: Commissioners Susan Mathisen, Chris Putnam, Veronica Baughman, Sam van Bever, Charles Kelly, John Frazier, and Jason Elms Staff Present: Ben Bryner, Cheryl Taylor, Oscar Chavez, Taylor Schauwecker, Eddie Tangadunrat, Chief Brian Riley, Robert McKeown, Araceli Botello, and Assistant City Attorney Evan Fisher 1. SWEARING IN OF NEWLY APPOINTED MEMBERS Araceli Botello swore in newly appointed members: Chris Putnam, Place 2 2. ELECTION OF OFFICERS Commissioner van Bever made a motion to appoint Commissioner Mathisen as Chair. Commissioner Kelley seconded. Brief discussion was held on another commissioner to consider for Chair. The motion to appoint Commissioner Mathisen as Chair carried by the following vote: Aye: 6 – Mathisen, Putnam, van Bever, Kelly, Frazier, and Elms Nay: 1 - Baughman 3. APPROVAL OF MINUTES Commissioner van Bever made a motion to approve the June 12, 2017 minutes. Commissioner Baughman seconded. The motion to approve carried by the following vote: Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 2 Aye: 7 – Putnam, van Bever, Baughman, Mathisen, Kelly, Frazier, and Elms Nay: 0 4. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 5. PUBLIC HEARING AGENDA ITEMS 5a Consideration of a zoning change from the R-40 Single Family Residential zoning district to the R-30 Single Family Residential zoning district on Tracts 1B1A and 2C2B, Abstracts 1674 and 1038, in the Hall Medlin Survey, located at 600 John McCain Road, Case ZC17-001 Ben Bryner presented the case and briefed the Commission. The applicants, Edward and Shearon Mitchell, 600 John McCain Road, came forward and briefed the Commission. Commissioner Putnam questioned the staff regarding the size of the neighboring lots to the subject property. Staff responded that he did not have the actual size, but estimated based on the subject property being 60,000 square feet that the neighboring lots are about 60,000-75,000 square feet and up to two acres. Commissioner Putnam asked staff regarding the size of the Agricultural lots north of the subject property. Staff responded that northern lots may be zoned Agricultural by default. Staff added that Agricultural zoned lots are required to have a minimum lot size of 3 acres. Commissioner Kelley questioned staff regarding the distance of the closest lots zoned R-20 and PUD-C to the subject property. Staff responded that he did not have the information but could research if necessary. Commissioner Kelley responded the information was not required. Commissioner Frazier questioned staff regarding the allowed lot coverage for the R-40 zoning district. Staff responded that the allowed lot coverage for R- 40 zoning district is 20 percent and increases to 25 percent for R-30 zoning district. Commissioner Putnam commended the applicant and opened discussion regarding the amendments made to the Comprehensive Plan for preserving larger lots and Agricultural tracts. Chairwoman Mathisen commended the Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 3 applicant and noted that the Commission is tasked to use the Comprehensive Plan as a guiding document. The public hearing was opened at 7:27 p.m. Commissioner Frazier questioned staff regarding receiving letters of support or opposition for the case. Staff responded that no letters of support or opposition were received. There being no others present wishing to speak, the public hearing was closed at 7:28 p.m. Commissioner Frazier made a motion to deny Case ZC17-001 based on the City’s Comprehensive Plan. Commissioner Putnam seconded. The motion to deny carried by the following vote: Aye: 7 – Mathisen, Putnam, Baughman, van Bever, Kelly, Frazier, and Elms Nay: 0 5b Consideration of a Special Use Permit for an Accessory Building to exceed the total square footage permitted on Lot 1A, Block 1, of the K Bar G Estates Addition, located at 6401 Westcoat Road, Case ZC17- 008 Commissioner Putnam stated a need to abstain from the item and recused himself from the meeting. Ben Bryner presented the case and briefed the Commission. Commissioner Kelley made a notation to clarify that the request is to expand the current building. Staff confirmed and added that the property lines are 95 feet to the south and 90 feet to the east of the proposed expansion. Commissioner Kelley made a notation that one of the neighboring properties is in support of the case. Chairwoman Mathisen questioned staff if the subject property is about six and a half acres. Staff confirmed, the plat exhibit for the property shows approximately six and a half acres. Chairwoman Mathisen noted that the additional 302 square feet requested to expand the building would place the subject property at seven percent lot coverage and the maximum lot coverage allowed is 20 percent, which is below the allowed maximum lot coverage. Commissioner Kelley questioned staff regarding the boundary line of the subject property on the aerial exhibit. Staff pointed to the plat exhibit as the Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 4 area used to calculate the lot coverage and accurately provides the platted lot boundaries. The applicant, Jeff Polk, 5705 Ponderosa Street, came forward and briefed the Commission. The public hearing was opened at 7:43 p.m. There being no one present wishing to speak, the public hearing was closed at 7:43 p.m. Commissioner Kelley made a motion to approve Case ZC17-008. Commissioner van Bever seconded. The motion to approve carried by the following vote: Aye: 6 –van Bever, Baughman, Mathisen, Kelly, Frazier, and Elms Nay: 0 5c Consideration of a zoning change from the PUD-C Planned Unit Development Commercial zoning district to the PUD-C Planned Unit Development Commercial zoning district on Lot 1, Block 1, of the San Bar Square Addition, located at 105 Cheek Sparger Road, Case ZC17- 009 Commissioner Putnam rejoined the meeting. Ben Bryner presented the case and briefed the Commission. Commissioner Kelley questioned the staff if the number of phases for the development is two, where phase one would build 6 rooms and no pool. Staff confirmed. Chairwoman Mathisen question staff regarding the timeline of development for phase one and two. Staff directed the question for the applicant to respond. Commissioner Frazier questioned staff regarding the parking requirement for the type of development proposed. Staff responded the code requires one parking space per room, which would require ten parking spaces for the ten proposed rooms. Discussion continued regarding parking requirements. Commissioner Frazier questioned staff that the motion required is whether to allow for the type of used being proposed. Staff confirmed. Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 5 Commissioner Kelley made a notation that the neighboring property is requesting a 7 foot fence as a requirement. Commissioner Kelley added that the Commission would need documentation regarding the request to allow as a requirement of the PUD-C. Commissioner Mathisen added that the applicant could clarify the request. Discussion continued regarding verification of the request for the wooden fence by the neighboring property. The applicant, Don Jones, 2404 Arbor Trail, came forward and briefed the Commission. Chairwoman Mathisen questioned the applicant regarding the development schedule of phase one and two. The applicant responded that there would not be more than a 10 month lag time for development between the phases. Applicant added that if the Commission requires to be built at a one time, he was confident in meeting the request. Chairwoman Mathisen questioned the applicant regarding the required regulations to classify the property as an assisted living facility and specifically the required number of bedrooms. The applicant responded that the required number of rooms to classify as an assisted living facility could be as few as 2- 4 rooms. Chairwoman Mathisen questioned the applicant regarding feedback received from neighboring properties regarding his proposal. The applicant responded that he has discussed the proposal with a couple neighboring to the east about a masonry wall, drainage concerns, and other low level concerns. The applicant added that he had reached out to other neighboring properties and had received support from properties to the south, the home owners association for the neighborhood to the south, and a neighbor across the street. Chairwoman Mathisen questioned the applicant regarding the purchase of the property. The applicant responded that the contract on the property is subject to the zoning change. Commissioner Baughman questioned the applicant regarding the number of assisted living facilities owned by the applicant. The applicant responded that he is a retired school teacher and he does not own any commercial properties. Commissioner Baughman questioned the applicant regarding the type of business model used for his proposed assisted living facility. The applicant responded that he used his personal preference in determining the model of the proposed assisted living facility. The applicant added that the facility is not for business purposes, but intended for his retirement. Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 6 Chairwoman Mathisen questioned the applicant regarding the use of the applicant’s family trust to invest in the purchase of the subject property for profit. The applicant confirmed that his family’s trust would be used to purchase the subject property. The applicant added that he expects to make a profit, but the design of the facility is based on personal preference as opposed to a business stand point. Commissioner Kelley questioned the applicant regarding the management of the facility. The applicant responded that he is seeking to contract a state regulated management company to run the assisted living facility. Commissioner Kelley questioned the applicant regarding the expected income per unit. The applicant responded that he expects a monthly income of $5,000 - $6,000 for a single occupancy unit. The public hearing was opened at 8:20 p.m. Claudia Bevill, 119 Cheek-Sparger Road, came forward and spoke in opposition of the case. Mrs. Bevill addressed concerns regarding communal living, location being near a gateway, drainage concerns, and the number of assisted living facilities in Colleyville. Mrs. Bevill added that if the request is approved, she would request language not allowing storage and accessory buildings within the 20 foot buffer. James Bevill, 119 Cheek-Sparger Road, came forward and spoke in opposition of the case. Mr. Bevill addressed concerns regarding drainage, fencing, and maintenance of the property. There being no others present wishing to speak, the public hearing was closed at 8:29 p.m. Commissioner Elms opened discussion regarding the PUD-C zoning request to allow an assisted living facility and the concerns brought forth by the speakers. Commissioner Frazier added that the facility is regulated by the state. Discussion continued regarding concerns brought forth by the speakers. Commissioner Elms made a motion to approve Case ZC17-009 with the condition that the applicant provide an affidavit from the property owners at 100 and 104 Greenbriar Lane that agree to the existing 7 foot wooden fence in lieu of an 8 foot masonry fence. Commissioner Frazier seconded. The motion to approve failed by the following vote: Aye: 2 – Frazier and Elms Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 7 Nay: 5 – Putnam, van Bever, Baughman, Mathisen, and Kelley 6.ADJOURMENT The meeting adjourned at 8:40 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on August 14, 2017 by a vote of 6-0