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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/13/2018City 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, November 13, 2018 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission meeting was called to order by Chair Mathisen on November 13, 2018, at 7:03 p.m. Roll Call Present: Susan Mathisen, Ryan Moore, Julie Waltens, Kimberly Holt, Matt Koch, Claudia Bevill, and Jason Elms Staff Present: Ben Bryner, Jacquelyn Reyff, Rob McKeown, Araceli Botello, and City Attorney Whitt Wyatt 1. CITIZEN COMMENTS/PRESENTATION REGARDING ITEMS NOT ON THE AGENDA There were no citizens wishing to speak. 2. PUBLIC HEARING AGENDA ITEMS 2a Consideration of a Replat for Lot A1R-1 and A1R-2, Block 2, of the Pleasant Oaks Estates Addition, located at 512 and 600 Leta Lane, Case PC18-014 Jacquelyn Reyff presented the item and briefed the Commission. The applicant, Theresa Lines, 3207 St. Albans Circle, came forward and briefed the Commission. Ms. Lines addressed question of the Commission regarding her zoning request. The public hearing was opened at 7:08 p.m. Michael De Jong, 605 Beverly Drive, came forward and inquired regarding the applicant’s intention for the lots. Ms. Lines came forward and addressed the question put forth by Mr. DeJong. Ms. Lines responded that her intent is keep 600 Leta Lane as green space, Planning and Zoning Commission Minutes November 13, 2018 City of Colleyville Page 2 construct a new home on 512 Leta Lane, and as the owner of 508 Leta Lane, the intent is to leave the current home for her mother-in-law to potentially move in. The public hearing was closed at 7:11 p.m. Commissioner Elms made a motion to approve Case PC18-014. Commissioner Moore seconded the motion. The motion was carried by the following vote: Aye: 7 –Mathisen, Moore, Waltens, Holt, Koch, Bevill, Elms Nay: 0 2b Consideration of a Special Use Permit for a carport on Lot 16, Block 2, of the Quail Crest Estates Addition, located at 316 Quail Crest Drive, Case ZC18-032 Jacquelyn Reyff presented the item and briefed the Commission. The applicants, Neal and Dorothy Morris, 316 Quail Crest Drive, came forward and briefed the Commission. The public hearing was opened at 7:20 p.m. Mark Pursely, 400 Quail Crest Drive, came forward and spoke in opposition to the case. Mr. Pursely addressed concerns regarding drainage, carport not being a temporary structure, fence permit, property value, and precedence, regulations in the Land Development Code, lot coverage, zoning, and setbacks. The applicants, Mr. and Mrs. Morris, came forward and addressed the concerns of brought forth by Mr. Pursely. Mr. Morris responded that he has 25 years of experience as a consultant for roofing and water proofing for projects such as the Dallas-Fort Worth Airport. He addressed drainage, fencing, having conflicts with Mr. Pursely, and materials used. Mr. Pursely, 400 Quail Crest Drive, came forward and responded to the comments made by Mr. Morris. Mr. Pursely addressed concerns regarding placing fence and a roof membrane over metal poles. Elizabeth Pursely, 400 Quail Crest Drive, came forward and spoke in opposition to the case. Mrs. Pursely addressed concerns regarding Mr. Morris’s concrete creating drainage on their property. Planning and Zoning Commission Minutes November 13, 2018 City of Colleyville Page 3 Robert Hawkes, 3500 Meadowlark Lane, came forward and spoke in opposition to the case. Mr. Hawkes addressed concerns that the aerial photo does not depict the structure as it is currently is built and the visual of the structure. The public hearing was closed at 7:36 p.m. There was discussion amongst the Commission regarding the structure not conforming to the regulations within the Land Development Code, the correspondence received in opposition from surrounding property owners, and the protection of the integrity of the neighborhood. Commissioner Bevill made a motion to deny Case ZC18-032. Commissioner Elms seconded the motion. The motion to deny was carried by the following vote: Aye: 7 –Mathisen, Moore, Waltens, Holt, Koch, Bevill, Elms Nay: 0 2c Consideration of a zoning change from R-10 Single Family Residential district to R-20 Single Family Residential district on Tracts 6A & 6A2, Abstract 1203, in the Peterson Pate Survey, located at 713 Field Street, Case ZC18-034 Jacquelyn Reyff presented the item and briefed the Commission. The public hearing was opened at 7:46 p.m. With no citizens wishing to speak, the public hearing was closed at 7:46 p.m. There was general discussion amongst the commission regarding zoning, compatibility with the surrounding neighborhood, and no request from the applicant for variance. Commissioner Moore made a motion to approve Case ZC18-034. Commissioner Koch seconded the motion. The motion was carried by the following vote: Aye: 7 –Mathisen, Moore, Waltens, Holt, Koch, Bevill, Elms Nay: 0 Planning and Zoning Commission Minutes November 13, 2018 City of Colleyville Page 4 2d Consideration of a zoning change from PUD-C Planned Unit Development – Commercial district, PUD-R Planned Unit Development – Residential district, and ML Light Manufacturing district to AG Agricultural district on Lot 1A, Block 12, of the Longwood Estates at Ross Downs and Tract 1, Abstract 294 & Tract 4A3A, Abstract 591, in the Robert Chowning Survey, located at 7201 Colleyville Boulevard, Case ZC18-030 Jacquelyn Reyff presented the item and briefed the Commission. The public hearing was opened at 7:50 p.m. Aaran Sallee, 6905 Longwood Drive, came forward and spoke in support of the case. Mr. Sallee addressed concerns regarding the zoning change to AG Agricultural and not “Parks/Open Space”. Director Bryner responded that the City does not have a Parks/Open Space designation, and the closest zoning is agricultural. David Dudziak, 2301 Wilkes Court, came forward and spoke in support of the case. Mr. Dudziak addressed grant funding and including language to the ordinance to ensure the land cannot be developed in future. The public hearing was closed at 8:11 p.m. Mr. Dudziak came forward and addressed questions of the Commission regarding adding language to the ordinance and the history of the property. There was discussion amongst the Commissioners and City staff regarding including language to the ordinance to ensure the land cannot be developed in future and designating the land as park land, history of the property, consideration to table the case, deed restrictions, and the options of the commission for voting on the case. Commissioner Elms made a motion to approve Case ZC18-030 with the following recommendations by adding a whereas clauses to memorialize the findings brought forth regarding the funding of the property acquisition and recommend to the Parks and Recreation Advisory Board to dedicate the land as a public park. Commissioner Bevill seconded the motion. The motion was carried by the following vote: Aye: 7 –Mathisen, Moore, Waltens, Holt, Koch, Bevill, Elms Nay: 0 Planning and Zoning Commission Minutes November 13, 2018 City of Colleyville Page 5 2e Consideration of amendments to Chapter 2 – Definitions and Chapter 3 – Land Use in the Land Development Code, specifically to “Short Term Home Rental”, TABLED FROM THE OCTOBER 8, 2018 PLANNING AND ZONING COMMISSION MEETING Commissioner Koch made a motion to remove the item from the table. Commissioner Moore seconded the motion. The motion was carried by the following vote: Aye: 7 –Mathisen, Moore, Waltens, Holt, Koch, Bevill, Elms Nay: 0 Chair Mathisen stated there is pending legal action at the state level and litigation in the DFW area regarding short-term rentals and perhaps the Commission should consider tabling this item indefinitely, until further notice from the ongoing litigation and/or by direction of the City Council. Vice Chair Elms made a motion to table this case indefinitely. Chairwoman Mathisen requested to open the public hearing before making a vote. The public hearing was opened at 8:17 p.m. Patrick Eitner, 2906 Edgewood Lane, came forward and spoke in opposition to the case. Mr. Eitner addressed his support of the homeowner’s rights to offer short-term rental use. Marshal Tolle, 3908 Windermere Drive, came forward and spoke in opposition to the case. Mr. Tolle addressed his supports of the short-term rentals and property rights. The following did not wish to speak, but would like to have their opposition recorded: Lauren Alvarez, 205 Valley View Drive The public hearing was closed at 8:29 p.m. Commissioner Elms stated his motion is in place. Chairwoman Mathisen requested a second motion. Planning and Zoning Commission Minutes November 13, 2018 City of Colleyville Page 6 Commissioner Moore seconded the motion. The motion was carried by the following vote: Aye: 7 –Mathisen, Moore, Waltens, Holt, Koch, Bevill, Elms Nay: 0 2f Consideration of amendments to the Land Development Code, specifically Chapter 5 – Tree Preservation Chairwoman Mathisen opened Commissioner’s discussion to consider tabling the case. There was discussion amongst the Commission regarding items in the agenda, potential meeting dates, and upcoming cases, and changes to Chapter 5. Chair Mathisen made a motion to table case to the December 10, 2018 Planning and Zoning Commission Meeting. Commissioner Waltens seconded the motion. The motion was carried by the following vote: Aye: 7 –Mathisen, Moore, Waltens, Holt, Koch, Bevill, Elms Nay: 0 3.ADJOURNMENT The meeting adjourned at 8:34 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on November 12, 2019 by a vote of 4-0.