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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-05/13/2019City 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 13, 2019 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission meeting was called to order by Chair Mathisen on May 13, 2019, at 7:05 p.m. Roll Call Present: Ryan Moore, Kimberly Holt, Susan Mathisen, Matt Koch, Claudia Bevill, and Jason Elms Staff Present: Ben Bryner, Jacquelyn Reyff, Araceli Botello, Rob McKeown, and City Attorney Whitt Wyatt 1. CITIZEN COMMENTS/PRESENTATION REGARDING ITEMS NOT ON THE AGENDA There were no citizens wishing to speak. 2. REGULAR AGENDA ITEMS 2a Presentation and discussion of a Preliminary Plat for Oak Alley Addition, being Lots 1R1 and 1R2, Block 1, of the Bear Creek Plantation, located at 1312 John McCain Road and 7309 Holly Lane N, Case PC19-006 Ben Bryner presented the item and briefed the Commission. Mr. Bryner answered questions of the Commission regarding the Preliminary Exhibit matching the zoning requirements and street width requirements. The applicant, Clayton Redinger, 704 Cimarron Trail, Southlake, came forward and briefed the Commission. Mr. Redinger answered question of the Commission regarding modifications to the Preliminary Plat Exhibit and emergency access to the subdivision. The public hearing was opened at 7:14 p.m. With no citizens wishing to speak, the public hearing was closed at 7:14 p.m. Planning and Zoning Commission Minutes May 13, 2019 City of Colleyville Page 2 Commissioner Moore made a motion to approve Case PC19-006. Commissioner Holt seconded the motion. The motion to approve was carried by the following vote: Aye: 6 –Moore, Holt, Mathisen, Koch, Bevill, and Elms Nay: 0 2b Presentation and discussion of a Special Use Permit (SUP) for an Accessory Dwelling on Lot 30R, Block 1, of the Montclair Parc Addition, located at 5305 Miramar Lane, Case ZC19-002 Jacquelyn Reyff and Ben Bryner presented the item and briefed the Commission. Staff answered question of the Commission regarding public inquiry regarding the case and weather the Special Use Permit Ordinance is attached to the property or the owner. The owner, Rodney Owens, 5305 Miramar Lane, came forward and briefed the Commission. Mr. Owens answered question of the Commission regarding any intention to rent the property or accessory dwelling. The public hearing was opened at 7:22 p.m. With no citizens wishing to speak, the public hearing was closed at 7:22 p.m. Commissioner Koch made a motion to approve Case ZC19-002. Commissioner Moore seconded the motion. The motion to approve was carried by the following vote: Aye: 6 –Moore, Holt, Mathisen, Koch, Bevill, and Elms Nay: 0 2c Presentation and discussion of a zoning change from AG Agricultural district to R-40 Single Family Residential district on Lot 1, Block 1, of the J.M. Presley Addition and 17.5 feet along the east boundary, located at 2308 Glade Road, Case ZC19-003 Jacquelyn Reyff presented the item and briefed the Commission. Mrs. Reyff answered question of the Commission regarding the legal acquisition of the 17.5 feet of land, if there is intent to subdivide the property, and setback requirements. Planning and Zoning Commission Minutes May 13, 2019 City of Colleyville Page 3 The applicant, Tom Hoover, P.O. Box 1808, Keller, came forward and briefed the Commission. Mr. Hoover answered questions of the Commission regarding any intent to subdivide the property. The public hearing was opened at 7:30 p.m. Kristen Herrera, 5104 Green Hill Lane, came forward and asked questions of the Commission. Ms. Herrera asked how close the proposed building would be to the side property lines, what the process for this case is moving forward, and what the square footage of the home is. The applicant, Tom Hoover, came forward and addressed the questions brought forth by the citizens. He stated the proposed building will be 32 feet away from the property line to the east, 30 to 35 feet away from the property line to the west, and the total square footage of the home will be about 12,000 square feet. The public hearing was closed at 7:38 p.m. Commissioner Bevill made a motion to approve Case ZC19-003. Commissioner Holt seconded the motion. The motion to approve was carried by the following vote: Aye: 6 –Moore, Holt, Mathisen, Koch, Bevill, and Elms Nay: 0 2d Presentation and discussion of a zoning change from AG Agricultural district to R-20 Single Family Residential district on Tracts 1A01 and Tract 1A02, Abstract 1619, in the S C H Witten Survey, located at 2001 Hall Johnson Road, Case ZC19-004 Jacquelyn Reyff and Ben Bryner presented the item and briefed the Commission. Staff answered questions of the Commission regarding citizen correspondence, setbacks, plans for the existing structures, and zoning process. The applicants, Nancy and John Scott, 217 Fountainview Drive, Euless, came forward and briefed the Commission. Mr. and Mrs. Scott answered questions of the Commission regarding plans to remodel the existing structures. The public hearing was opened at 7:50 p.m. Planning and Zoning Commission Minutes May 13, 2019 City of Colleyville Page 4 The owner, Susan Mahan, 2001 Hall-Johnson Road, came forward and spoke in support of the case. The public hearing was closed at 7:52 p.m. There was general discussion amongst the Commission regarding the proposed zoning being compatible with the surrounding neighborhood, size of the lot, and dimensions of the lot, and the correspondence of opposition letters brought forth by surrounding property owners. Vice Chair Elms made a motion to approve Case ZC19-004. Commissioner Koch seconded the motion. The motion to approve was carried by the following vote: Aye: 6 – Moore, Holt, Mathisen, Koch, Bevill, and Elms Nay: 0 2e Presentation and discussion of a Minor Plat for Lots 1 & 2, Block 1, Schiller Addition, on property legally described as Tracts 1A01 and Tract 1A02, Abstract 1619, in the S C H Witten Survey, located at 2001 Hall Johnson Road, Case PC19-007 Jacquelyn Reyff and Ben Bryner presented the item and briefed the Commission. Staff answered questions of the Commission regarding plat waivers for the two lots, flag lots, the abandoned old right-of-way, dimensions of the existing home, emergency access for the lot in the rear of the property, the purchase of the property. The applicant, Nancy Scott, 217 Fountainview Drive, Euless, came forward and briefed the Commission. Mrs. Scott answered questions of the Commission regarding if the old right-of-way was taken by eminent domain, and the date in which the regulation for homes to face the road was established. The public hearing was opened at 8:14 p.m. With no citizens wishing to speak, the public hearing was closed at 8:14 p.m. There was general discussion amongst the Commission regarding the Land Development Code, the recommendation by staff to deny the case, and other alternative options for the property owner to plat the property. Vice Chair Elms made a motion to deny Case PC19-007. Commissioner Moore seconded the motion. Planning and Zoning Commission Minutes May 13, 2019 City of Colleyville Page 5 The motion to deny was carried by the following vote: Aye: 4 – Moore, Mathisen, Holt, Elms Nay: 2 – Bevill, Koch 2f Presentation and discussion of a Special Use Permit (SUP) for Oil and Gas Extraction, specifically for a change in the ownership of the existing well on Tract 1D, Abstract 295, in the William E Crooks and Lot 1, Block 1, of the Park Place Estates, located at 7404 and 7504 Pleasant Run Road, Case ZC18-035, TABLED ITEM Vice Chair Elms made a motion to remove Case ZC18-035 from the table. Commissioner Bevill seconded the motion. The motion to remove Case ZC18-035 from the table carried with the following vote: Aye: 6 – Moore, Holt, Mathisen, Koch, Bevill, and Elms Nay: 0 Jacquelyn Reyff presented the item and briefed the Commission. The applicant, Jason Tackett, 3343 South Troost Avenue, Tulsa, Oklahoma, came forward and briefed the Commission. Mr. Tackett answered questions of the Commission regarding the background of Sage Natural Resources, LLC, update of what has been drilled/completed at the site before the new ownership was acquired, Sage’s plan moving forward, and the site’s compliance in relation to the existing Oil and Gas ordinance. The public hearing was opened at 8:42 p.m. Michael Fitzpatrick, 7604 Jefferson Circle, came forward and spoke in opposition to the case. Mr. Fitzpatrick inquired about the circumstances under which Sage has the right to transport gas out of wells. Don Eames, 613 Forest Meadow Drive, came forward and spoke in opposition to the case. Mr. Eames addressed concerns regarding plugged wells and the proximity of the wells to residences. Morteza Khaledi, 404 Forest Meadow Drive, came forward and spoke in opposition to the case. Mr. Khaledi addressed concerns regarding safety and the proximity of the site to residences. Planning and Zoning Commission Minutes May 13, 2019 City of Colleyville Page 6 Anthony Menzie, 617 Forest Meadow Drive, came forward and spoke in opposition to the case. Mr. Menzie addressed his concerns regarding buying his home with the understanding the oil wells would never be used. Terry Riley, 601 Forest Meadow Drive, came forward and spoke in opposition to the case. Mr. Riley addressed his concerns regarding not hearing from the City regarding steps taken to ensure the wells are capped. Stephen Kindrick, 401 Overlook Drive, came forward and spoke in opposition to the case. Mr. Kendrick spoke in regards the original Special Use Permit. The following citizens did not wish to speak, but would like to have their opposition recorded for the record: Kelly Row, 7704 Wildflower Way Shahrzad Afshinpour, 404 Forest Meadow Drive Hoang-Vu Dinh, 7713 Overlook Drive Judi Thornhill, 404 Overlook Drive Virginia Eames, 613 Forest Meadow Drive David Jo, 605 Forest Meadow Drive Daniel Wagner, 508 Overlook Drive Kathleen and Paul Socket, 405 Forest Meadow Drive Richard and Mary Jane Schaulin, 408 Forest Meadow Drive Bernard and Joanne Stecklein, 500 Forest Meadow Drive Michael and Diane Thomas, 516 Forest Meadow Drive R. George, 512 Forest Meadow Drive Terry Riley, 601 Forest Meadow Drive Toan Van, 7717 Overlook Drive Gilbert Chiquito, 520 Forest Meadow Sayles Murr, 7700 Overlook Drive Steven Sims, 7700 Prairie View Partha Niyogi, 7604 Wildflower Way Donald Goerner, 7709 Wildflower Way Pamela Burton, 7709 Wildflower Way David Nuccetelli, 513 Overlook Drive Dennis McKillen, 7604 Prairie View Drive There being no one else wishing to speak, the public hearing was closed at 9:00 p.m. The applicant, Jason Tackett, 3343 South Troost Avenue, Tulsa, Oklahoma, came forward and addressed the concerns brought forth by the citizens. Planning and Zoning Commission Minutes May 13, 2019 City of Colleyville Page 7 Chairwoman Mathisen reopened the public hearing at 9:04 p.m. Michael Fitzpatrick, 7604 Jefferson Circle, came forward and spoke in opposition to the case. Mr. Fitzpatrick addressed his concerns regarding the mineral rights for the property owners and the extraction of the gas. The applicant, Jason Tackett, 3343 South Troost Avenue, Tulsa, Oklahoma, came forward and addressed the concerns brought forth by Mr. Fitzpatrick and the Commission regarding mineral rights. Collette Cobben-Murr, 7700 Overlook Drive, came forward and spoke in opposition to the case. Ms. Cobben-Murr inquired regarding the last production of the site, if the wells have been capped and abandoned, and the reason for the site plan to include certain items if the request is only for a change of ownership. The applicant, Jason Tackett, 3343 South Troost Avenue, Tulsa, Oklahoma, came forward and addressed the concerns brought forth by Ms. Cobben-Murr regarding the site exhibit and the compliance with the Rail Road Commission. Ken Rowekamp, 7704 Overlook Drive, came forward and spoke in opposition to the case. Mr. Rowekamp addressed his concerns regarding the confusion for the information presented by the citizens and the reason to continue to entertain the consideration of the applicant’s request. The applicant, Jason Tackett, 3343 South Troost Avenue, Tulsa, Oklahoma, came forward and addressed the concerns brought forth by Mr.Rowekamp regarding Tanker Trucks and the Special Use Permit. There being no one else wishing to speak, the public hearing was closed at 9:18 p.m. There was discussion amongst the Commission regarding the site plan exhibit, the conditions of the existing Special Use Permit, capped wells, what the new owners can and cannot do, and the production of the wells. Commissioner Bevill made a motion to approve Case ZC18-035 with prejudice with conditions that: 1) information be provided by the applicant regarding mineral rights; 2) a revised site plan be provided; and 3) information be provided regarding production of the wells. Commissioner Elms seconded the motion. The motion to approve was carried by the following vote: Planning and Zoning Commission Minutes May 13, 2019 City of Colleyville Page 8 Aye: 5 –Moore, Mathisen, Koch, Bevill, and Elms Nay: 1 - Holt 3.ADJOURNMENT The meeting adjourned at 9:44 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on February 10, 2020 by a vote of 5-0.