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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/10/2008 (2),_ - City of Colleyville Minutes -Final ~~ .; Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, November 10, 2008 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on November 10, 2008 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Ron Rotthaus and Jeff Byerly Staff Present: Ron Ruthven, Justin Bass and Jeremy Hutt 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Clardy moved to approve the October 13, 2008 meeting minutes with the removal of the number 4 on the first page and replacing it with the number 8 to reflect September 8, 2008. Commissioner Dudziak seconded. 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None City of Colleyville Page 1 Printed on 12/9/2008 Planning and Zoning Commission Minutes -Final November 10, 2008 7. PUBLIC HEARING AGENDA ITEMS 7a. Approval of a request for a Special Use Permit (SUP) for a private horse stable for domestic use on Lot 12, Block 1 of the Brighton Oaks Addition located at 2912 Sherwood Lane, Case Z-08-022 Justin Bass presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:03 p.m. Gary Panno, the applicant, 6250 Pool Road, came forward to present the case and brief the Commission regarding his request. Phil Kelly, 2808 Sherwood Lane, spoke in opposition to the request and stated this property should not be granted the special use permit just because there are horses in the area. He stated the special use permit should have restrictions applied to it. There being no one wishing to speak, the public hearing was closed at 7:07 p.m. Commissioner Byerly questioned Mr. Panno regarding if there are horses currently on this property or will there be before the house is built? Mr. Panno replied there are not horses currently on the property. He stated there may be horses on the property with the new owner. Justin Bass stated the potential buyer would like to put her horses on the property before the house is built. She stated they would build the stables before the horses are there. Commissioner Phelps questioned Mr. Panno regarding why is the request to make this permanent? Mr. Panno stated he would like to have the special use permit move forward to the new owner. He stated he would not want the new owner to have to come in after they have purchased the property and have to reapply after he has gotten approval for the horses. Mr. Panno questioned staff regarding if the special use permit is good for ten years? Justin Bass replied no. Mr. Panno replied he would like for the special use permit to be permanent. Commissioner Phelps stated a change of ownership gives the public an opportunity to be able to come in for the city to correct issues that may be there. Mr. Panno stated he wants to make sure the special use permit is available to the new owner. At this time, there is conversation between one of the Commissioners with Mr. Panno, but the Commissioner did not have on his microphone, City of Colleyville Page 2 Printed on 12/9/2008 Planning and Zoning Commission Minutes -Final November 10, 2008 therefore, the conversation is not heard. Commissioner Byerly questioned Mr. Panno regarding if more than one home could be built on this property? Mr. Panno replied yes, but he stated he did not want to build more than one home on this property, he stated horses would be better than multiple homes. Commissioner Dudziak stated he concurred with Commissioner Phelps with the special use permit ending with the next subsequent owner. He questioned staff regarding if there is a way to word the ordinance to reflect that? Justin Bass replied there is no way for our office to monitor the change of residences. He stated commercial properties have to apply for a certificate of occupancy, however, residents do not. Commissioner Byerly stated it would not be feasible to do that. He stated Mr. Panno has a buyer interested in his property. He stated the SUP should go with that property. He stated ownership should not be a condition of that property. Commissioner Redfearn stated his objection to the motion since a rezoning to AG; RE or R40 would be more appropriate. In addition, he objected on the basis that surrounding neighbors had a reasonable right to expect that there would be no livestock on their streets or in their backyards since this had been zoned R20. Commissioner Phelps questioned staff regarding if there is a time limit placed on the SUP, what would trigger the expiration of that SUP? Justin Bass replied staff would keep the expiration on record and will address the issue as it comes to expire. Staff will notify the property owner to renew the SUP. He stated the city will enforce the ordinance. Commissioner Phelps suggested there being a time limit on the SUP. Commissioner Clardy questioned Mr. Panno regarding if there are horses being boarded on an off site facility, as stated in the briefing? Mr. Panno replied no, he stated he does not own a horse. Commissioner Byerly replied staff has stated the potential buyer has horses that they are wanting to put on the property. Commissioner Dudziak questioned staff regarding if the special use permit can be triggered with a certificate of occupancy? Justin Bass replied certificate of occupancies are not issued for residential properties. He stated it could be triggered at the building permit. Ron Ruthven replied it would be triggered upon issuance of the building permit. City of Colleyville Page 3 Printed on '-uyi~uva Planning and Zoning Commission Minutes -Final November 10, 2008 Commissioner Byerly moved to approve case Z-08-022 with the conditions that no horses be boarded on the property until such time that the stables are completed; and that the draft ordinance in section five, after the period, to add "or this SUP shall expire to clarify that the primary residence have a building permit issued within two years" and then adding if all conditions are met within two years, this SUP shall continue indefinitely unless revoked by City Council. Commissioner Clardy seconded. Commissioner Phelps stated for those conditions there is no expiration triggered that would cause a renewal or extension of the SUP. He questioned when would this come back, if those conditions are met? Commissioner Byerly stated if those conditions are not met in two years, then the SUP would expire and horses would not be allowed. Commissioner Phelps stated this would allow the stables to be constructed but the home would have to be constructed within those two years or the SUP would expire. Commissioner Byerly concurred. At this time a Commissioner is speaking, but not into the microphone. Commissioner Byerly stated if this property were zoned R40, then the SUP would not have to come forward. Commissioner Redfearn stated he would be willing to rezone the property to R40. Commissioner Byerly stated the R20 zoning would be better to have with the SUP for the current property owner in case something happens with this transaction. Commissioner Dudziak stated not having an issue with having to renew the SUP. He stated it would be at trigger point for the residents at that time to be able to decide if they want to keep horses on this lot, in case the current owner has issues with maintaining the horses. He stated he would have no issue with renewing the SUP at the change of ownership. Commissioner Byerly restated the motion: Commissioner Byerly moved to approve case Z-08-022 with the conditions that no horses be boarded on the property until such time that the stables are completed; and that the draft ordinance in section four, numbers five and six, after the period, to add "or this SUP shall expire to clarify that the primary residence have a building permit issued within two ~~ years and then adding if all conditions are met within two years, this SUP shall continue indefinitely unless revoked by City Council. Commissioner Clardy seconded. City of Colleyville Page 4 Printed on 12/9/2008 Planning and Zoning Commission Minutes -Final November 10, 2008 The motion failed by the following vote: Aye: 3 -Clardy, Rotthaus, Byerly Nay: 4 -Knox, Dudziak, Redfearn, Phelps Commissioner Phelps stated being in agreement except for the indefinate expiration. He stated the two year time limit is acceptable. He stated the neighbors attitudes may change within those two years. He stated like having the owners having to come forward from time to time to renew the SUP. Commissioner Byerly questioned Commissioner Phelps regarding exactly what is he looking for? Commissioner Phelps stated the language would change slightly that two years, with the certificate of occupancy of the new owners. He stated there would be no way to track it, therefore the two years would be acceptable. Commissioner Byerly stated it would not be fair to the new occupants, who have built a stable or barn, to place a two year time frame on them to have to come in and renew the SUP and possibly have it denied and then they are left with a barn that is not usable. He stated the SUP should go with the property with a minimum of that SUP being valid with that property owner. Commissioner Phelps stated he would agree with that, however, he stated staff stated they have no way to track that. He stated if the property sells, there is no way to know when there is a new owner taking occupancy. Commissioner Dudziak stated he is not comfortable with the horses being there on a lot that is unoccupied. He stated the SUP would be better served if triggered at time of permitting going forward from that point. He stated that would relieve Mr. Panno the burden of having to transfer ownership of the SUP. He stated the SUP starts when that person owns the property and then going forward to the next owner. He stated there should be no horses until the permit is issued. City Attorney Kallas replied that would be akward, at best, he stated the solution is that the Commission can deny this SUP and when the new owner comes in, they can come in and ask for a SUP. He stated the Commission would then have a lot better idea about what is going to happen and who is going to be the owner. He stated change of ownership is very tricky to track. He stated it is almost unenforceable. He stated a time limit is a better machnism to make City of Colleyville Page 5 Printed on 12/9/2008 Planning and Zoning Commission Minutes -Final November 10, 2008 whoever owns it come in and get a new look at the situation. He stated the situation that Commissioner Dudziak is making would be difficult to enforce and subject to different interpretations. Commissioner Dudziak stated if the SUP is issued, at the time of the building permit, for that piece of property, for that particular owner, how is that messy? Commissioner Byerly stated at this point issuing a SUP to someone that doesn't own the property, yet. He stated that is the issue. Commissioner Dudziak stated the SUP is not being issued to any particular person, he stated the Commission is issuing it to a piece of property when a permit is issued on it. City Attorney Kallas replied it goes to the particular piece of property. He questioned Commissioner Dudziak if the SUP would become active at the time of the building permit? Commissioner Dudziak replied yes. City Attorney Kallas repeated for clarity, if the building permit is not pulled within two years, the SUP expires or never comes to life, therefore, Mr. Panno would not have the zoning entitlement until the building permit is issued? Commissioner Dudziak stated there would be two years to get the permit, within that two year time period, the SUP would then be triggered. City Attorney Kallas replied it would be condition number 5, under Commissioner Byerly's motion, if the building permit were pulled within the two years, the SUP would then be indefinate. Commissioner Dudziak replied no, the Commission wants the SUP to hold with that particular property owner. But, horses would not be allowed on the property, or the SUP to start until the building is permitted. He stated they want to build the stable when the SUP is approved before the home is built. City Attorney Kallas stated the Commission wants the SUP to become active once the primary residence is permitted. Commissioner Dudziak concurred. City Attorney Kallas stated the primary residence and the stable would be built at the same time. Commissioner Dudziak stated that would allow Mr. Panno to have horses on the property at the time the permits were issued for the primary residence. City Attorney Kallas stated that may work. He stated the SUP is granted but no horses shall be allowed on the property until the building permit is pulled for the primary residence and if it is not pulled within the two years, the SUP would expire. Commissioner Dudziak concurred. Commissioner Rotthaus stated and construction of the stables is completed as well. City Attorney Kallas replied that was a condition in the original motion or the motion could be amended to include the permitting of the primary residence as well as the stable area. City of Colleyville Page 6 Printed on 12/9/2008 Planning and Zoning Commission Minutes -Final November 10, 2008 Commissioner Byerly questioned Commissioner Dudziak regardidng how long would the SUP last? Commissioner Dudziak stated the Commission wants some type of limit on the SUP, whether it be a time element or with the next owner. He stated he would be in favor of it stays in effect until the next owner. Commissioner Phelps stated he would prefer that, however, it has been explained that it would not be enforcealbe. He stated there should be a time limit on the SUP to review. He stated he does not like the indefinate. Commissioner Byelry stated the motion might pass if the SUP is limited to the next owner. Commissioner Dudziak concurred. Commissioner Dudziak with the exception that the SUP would be issued at time of the building permit and that the SUP would remain in effect for the property owner at time of building permit. City Attorney Kallas suggested that the SUP be issued tonight and the horses not be allowed to be on the property until the building permit. He stated the zoning would change tonight and to have respective zoning change is akward. He stated it is more in the normal course that the SUP would be granted tonight but no horses shall be allowed on the property, until the primary residential permit is issued. Commissioner Dudziak stated the first goal is to limit the ability to have the SUP in effect, for one owner or a time limit. He stated it needs to be for the length of the owner. Ron Ruthven suggested that a time limit be set. He stated staff would not know when ownership for the property changes. He stated staff would review the SUP if a time limit were to be set. Commissioner Dudziak questioned if the city has a way to know when a SUP would expire? Ron Ruthven replied yes, however, the city does not know when there is a change in ownerhhip. He stated those transactions are private. Commissioner Dudziak stated he could see the difficulty in that. Commissioner Dudziak questioned Commissioner Phelps regarding if a ten year time limit would be acceptable? Commissioner Phelps replied that would be an adequate time limit. He stated at some point, with this being in a neighborhood, the city would need to re-evalutate this. City of Colleyville Page 7 Printed on 12/9/2008 Planning and Zoning Commission Minutes -Final November 10, 2008 Commissioner Byerly stated the change of ownership would be a better way to monitor the SUP. He stated it would not be fair to a property owner for them to have to come back in, after having had horses for say, five years, and renew the SUP and have it possibly taken away. Commissioner Dudziak concurred. Commissioner Byerly states that the Commission would approve with the conditions that no horses be boarded on the property until such time that the stables are completed; no horses would be allowed until a building permit is issued for the residence and that the building permit would have to be issued within two years or this will expire; and that the SUP would expire with the second change in ownership. Commissioner Dudziak stated that being the motion. City Attorney Kallas stated the SUP would be issued to Mr. Panno and a subsequent owner, there after, any change in ownership, this SUP shall expire on a change in ownership. Commissioner Phelps concurred. He stated staff would have to have some way to monitor the trigger. He stated something is being approved that is not enforceable. Commissioner Byerly seconded. Mr. Panno stated the citizens of that neighborhood will let the city know if there is an issue with the horses and the city can, at that time, look into those issues. He stated it would take care of itself naturally. Commissioner Redfearn questioned Mr. Panno if there is any livestock on this property? Mr. Panno replied no. Commissioner Refearn questioned Mr. Panno regarding if there is fencing around the property? Mr. Panno replied there is fencing, but not sure that it would hold horses. He stated the new property owner would have to address the fencing. There is discussion occuring with Commissioner Redfearn and Mr. Panno, however, Commission Redfearn is not speaking into the microphone to be heard. Ron Ruthven stated according to the Land Development Code, livestock shall be adequatley cared for with regards to water and food. He stated the fencing would have to be addressed as well. He stated the horses would be kept behind the house. Commissioner Byerly summarized: Motion by Commissioner Dudziak to approve with the conditions that no horses would be allowed on the property until the stables City of Colleyville Page 8 Printed on 12/9/2008 Planning and Zoning Commission Minutes -Final November 10, 2008 are built; that no horses be allowed until a building permit is issued for the residence; that the building permit be issued within two years or this SUP will expire; and that this SUP will expire with the second change in ownership. Seconded by Commissioner Byerly. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Rotthaus, Byerly Nay: 1 - Redfearn 7b, Approval of a request for a zoning change from CN-Neighborhood Commercial to PUDC-Planned Unit Development Commercial on Lot 1, Block 1 of the Metrovest Addition located at 6100 Colleyville Boulevard, Case Z-08-023 Justin Bass presented the case and briefed the Commission. Commissioner Byerly questioned staff regarding what is the history on this property? Ron Ruthven replied nothing other than the rezoning request that came before the Commission for the subject property, two years ago, the property to the south was rezoned in 1994. Commissioner Byerly opened the public hearing at 7:49 p.m. Kim Martin and Shannon Bravomalo, the applicants, came forward to present the case and brief the Commission. Commissioner Clardy questioned the applicant's regarding how many units are in the CN zoning district? Ms. Martin stated there is approximately 34,000 square feet total. She stated 16,000 square feet is zoned CN. She stated the uses they are proposing are retail uses. Ms. Bravomalo stated the 6000 Colleyville Boulevard is limited on the visibility and without the visibility, she stated they are limited with the uses that want to go there. Commissioner Clardy stated there are two tenants in the space. Ms. Bravomalo stated there are two tenants currently open with permits that will be coming in that will be denied unless the zoning is put in place. She stated they have lots of movement with tenants, it will take time for construction of shell space. Ernest Hedgcoth, 6012 Ponderosa, came forward and spoke in opposition to the rezoning request. He stated he lives directly behind this property. He stated having issues with traffic and the potential uses in the CC1 zoning district. Commissioner Phelps questioned Mr. Hedgcoth regarding if the clothing City of Colleyville Page 9 rnnceu vn ~~~.~~~~ Planning and Zoning Commission Minutes -Final November 10, 2008 retail uses are of concern to him? He stated those are not objectionable .uses, the 24 hour uses such as restaurants, alcohol, telemarketers would not be uses he would appreciate. Steve Griffith, 6008 Ponderosa, came forward and spoke in opposition to the rezoning request. He stated the property owner knew what the property was zoned when he built the building. Phyllis Hedgcoth, 6012 Ponderosa, came forward and spoke in opposition to the rezoning request. Carol Neff, 6104 Ponderosa, came forward and spoke in opposition to the rezoning request. Janis Sims, 6009 Ponderosa, came forward and spoke in opposition to the rezoning request. Sharon Mullen, 5912 Ponderosa, came forward and spoke in opposition to the rezoning request. Frank Gossett, 1400 Hardage Lane, came forward and spoke in opposition to the rezoning request. Christopher Pullen, 6013 Ponderosa, came forward and spoke in opposition to the rezoning request. Chantal Griffith, 6008 Ponderosa, came forward and spoke in opposition to the rezoning request. She stated the little shops would be fine, but not some of the other CC1 uses. Debbie Condon, 6100 Ponderosa, came forward and spoke in opposition to the rezoning request. Tracy Sligar, 6004 Ponderosa, came forward and spoke in opposition to the rezoning request. He stated there are too many uses in the CC1 zoning district that are not acceptable adjacent to this neighborhood. There being no one wishing to speak, the public hearing was closed at 8:17 p.m. Ms. Martin stated understanding the concerns of the neighbors. She stated the restaurant uses that they would be considering would be sandwich shops, not a free standing, typical restaurant. She stated they want to fill the center with high end uses. She stated the leases would be for about 5-10 years. Ms. Bravomalo concurred with Ms. Martin and stated they are available City of Colleyville Page 10 rnnrea on -ayi~wa Planning and Zoning Commission Minutes -Final November 10, 2008 to answer questions of the neighbors and are willing to keep the property maintained. Ms. Martin stated the fence is on the property line of their property and that they are maintaining the space between the fences. Commissioner Clardy questioned Ms. Martin if they have considered a special use permit for these uses? Ms. Martin stated they have considered it, but with several leases signed, the hearing process slows the leasing process down by 30 days. She stated it is more difficult to do their job. She stated they are wanting to lease to high end, quality clients. Commissioner Byerly suggested a Planned Unit Development Commercial-PUDC zoning district may be more appropriate for this property. He stated the uses can be more limited unlike a straight zoning like CC1. Ms. Martin stated she did not think the property owner would have an issue with that. She stated they are not wanting all of those uses in the CC1 zoning district. Ms. Bravomalo stated the use that they wanted in the beginning was a yoga center, which is considered a fitness center. She stated they would not have considered that to be a fitness center, 24 Hour Fitness is what comes to mind when thinking of a fitness center. She stated the city just did not think about all of the uses when putting together this uses table. She stated they do have the city's best interests in mind, as well as their best interest. She stated long term is much better for everyone. Commissioner Byerly stated with a PUDC, the uses that would be requested are the only ones that would be allowed by that particular ordinance. He stated the uses can be from CN and CC1. He stated the objectionable ones could be listed as not permissible. He stated once the PUDC was done, the uses in the ordinance would be allowed by right. City Attorney Kallas stated the applicant would have to come back and request that particular zoning district. He stated it would not be something they could do tonight. Ms. Martin stated she would like to pass on that. She would rather move forward since they have leases pending the zoning. Ms. Bravomalo stated the particular uses they are requesting would not be open 24 hours or receiving deliveries in the middle of the night. Commissioner Dudziak stated the Commission does support development in the city. He stated the residents are correct, and with a straight zoning, all uses would be allowed. He concurred with City of Colleyville Page 11 Printea on ~uaicvvo Planning and Zoning Commission Minutes -Final November 10, 2008 Commissioner Byerly regarding coming forward with a PUD zoning. Commissioner Dudziak moved to deny case Z-08-023. Commissioner Knox seconded. Commissioner Phelps questioned staff regarding if the opposition received met the super majority rule? Justin Bass replied yes. Ron Ruthven replied staff has not, as of yet, calculated the super majority issue. He stated staff will calculate as it moves forward to city council. Commissioner Phelps concurred with Commissioner Byerly with regards to a PUDC zoning district for this property. The motion to deny carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly 8. 9. 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None COMMISSIONERS' COMMENTS AND REPORTS None ADJOURNMENT The meeting adjourned at 8:36 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, November 6, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on December 8, 2008. City of Colleyville Page 12 Printed on 12/9/2008