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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/8/2024 City of Colleyville Page 1 CITY OF COLLEYVILLE PLANNING AND ZONING COMMISSION AGENDA 100 Main Street Colleyville, Texas 76034 MONDAY, JULY 8, 2024 PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Brandon Arnold PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES 1a June 10, 2024 Planning and Zoning Commission Meeting June 24, 2024 Planning and Zoning Commission Worksession 2. PUBLIC HEARING AGENDA ITEMS 2a Consideration of a Rezoning from AG Agricultural to R-40 Single Family Residential on Lot 1, Block 1, Pleasant Run Baptist Church Addition, located at 6001 Pleasant Run Road, ZC24-009 Planning and Zoning Commission Agenda July 8, 2024 City of Colleyville Page 2 2b Consideration of a Special Use Permit to allow for Massage Therapy on Lot 3, Block 1, Tara Addition, located at 1009 Cheek Sparger, Suite 121, Case ZC24-011 2c Consideration of a Rezoning from AG Agricultural and RE Single Family ‘Estate’ Residential district to R-40 Single Family Residential for Tract 1B1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive and 6900 Pool Road, Case ZC24-014 3. CITIZEN COMMENTS 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Wednesday, July 3, 2024 by 5:00 p.m. Jacquelyn Reyff Planning Manager A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 CITY OF COLLEYVILLE PLANNING AND ZONING COMMISSION MINUTES 100 Main Street, Colleyville, Texas, 76034 MONDAY, JULY 8, 2024 CALL MEETING TO ORDER EXECUTIVE CONFERENCE ROOM The City of Colleyville Planning and Zoning Commission Worksession Meeting was called to order by chair Bevill on July 8, 2024 at 6:15 p.m. Roll Call Present: David Groves, Brandon Arnold, Sayeda Syed, Jerome Obinabo, Richard Remley, and Claudia Bevill Absent: Jerry Savoie Staff Present: Ben Bryner, Jacquelyn Reyff, Kristopher Potts, and Christopher Pham Also Present: Attorney, Sarah Ross, Fire Marshal, Rob Mckeown Jacquelyn Reyff briefed the commission for case ZC24-009 and showcased new exhibits provided by the applicant. There was general discussion regarding the decision to preserve the church on Lot 1. Christopher Pham briefed the commission for case ZC24-011. There was general discussion regarding the sourcing of employees and whether employees would be employed using 1099 tax forms or W2 tax forms. Kristopher Potts briefed the commission for case ZC24-014. There was discussion regarding the differences between plans from the previous submittal and the current one, as well as allowable development if the property remained AG Agricultural. Chair Bevill adjourned the Planning and Zoning Commission Wor ksession Meeting at 6:43 p.m. CALL MEETING TO ORDER CITY COUNCIL CHAMBERS Planning and Zoning Commission Minutes July 8, 2024 City of Colleyville Page 2 The City of Colleyville Planning and Zoning Commission Meeting was called to order by Chair Bevill on July 8, 2024, at 7:00 p.m. Roll Call Present: David Groves, Brandon Arnold, Sayeda Syed, Jerome Obinabo, Richard Remley, and Claudia Bevill Absent: Jerry Savoie Staff Present: Ben Bryner, Jacquelyn Reyff, Kristopher Potts, and Christopher Pham Also Present: Attorney, Sarah Ross, Fire Marshal, Rob Mckeown 1. APPROVAL OF MINUTES 1a June 10, 2024 Planning and Zoning Commission Meeting Minutes June 24, 2024 Planning and Zoning Commission Worksession Meeting Minutes Commissioner Groves made a motion to approve the June 10, 2024 Planning and Zoning Commission Meeting Minutes and the June 24, 2024 Planning and Zoning Worksession meeting minutes. Commissioner Obinabo seconded the motion. The motion was carried by the following vote: Aye: 6 – Groves, Syed, Obinabo, Remley, Arnold and Bevill Nay: 0 2. PUBLIC HEARING AGENDA ITEMS 2a TABLED FROM THE JUNE 10, 2024 PLANNING AND ZONING COMMISSION MEETING Consideration of a Rezoning from AG Agricultural to R-40 Single Family Residential on Lot 1, Block 1, Pleasant Run Baptist Church Addition, located at 6001 Pleasant Run Road, ZC24-009 Commissioner Syed made a motion to remove case ZC24-009 from the table. Planning and Zoning Commission Minutes July 8, 2024 City of Colleyville Page 3 Commissioner Groves seconded the motion. The motion was carried by the following vote: Aye: 6 – Groves, Syed, Obinabo, Remley, Arnold and Bevill Nay: 0 Jacquelyn Reyff presented the case and briefed the Commission. Keith Hamilton, 7608 Overland Trail, Colleyville, TX, came forward and introduced himself to the Commission. The public hearing was opened at 7:09 p.m. Edwin Waller, 513 Leta Lane, spoke in opposition, specifically regarding the Southern Baptist Church’s decision to sell the land and the desire to retain a church. Lisa Grossman, 6014 Pleasant Run Road, spoke in opposition, specifically regarding the construction of homes adjacent to her property, the preservation of the parking lot and sidewalk located on the church property, and the development of the land. John Fegan, 1303 Bellefonte Lane, came forward and discussed his current attempts to find a user for the existing church building. With no one wishing to speak, the public hearing was closed at 7:23 p.m. Commissioner Obinabo inquired about the historical preservation of the site and the history of the property. Mr. Waller came forward and explained that there is a historical preservation marker for the church, but not for the building itself. Commissioner Syed discussed the utility of having an easily accessible parking lot remain on the property for the benefit of Colleyville Elementary events, as well as the taxable income of the property if it were to remain a church. Commissioner Syed made a motion to approve Case ZC24-009. Commissioner Obinabo seconded the motion. The motion was carried by the following vote: Aye: 6 – Groves, Syed, Obinabo, Remley, Arnold and Bevill Nay: 0 Planning and Zoning Commission Minutes July 8, 2024 City of Colleyville Page 4 2b Consideration of a Special Use Permit to allow for Massage Therapy on Lot 3, Block 1, Tara Addition, located at 1009 Cheek-Sparger, Suite 121, Case ZC24-011 Christopher Pham presented the case and briefed the Commission. Ryan and Sunisa Ingram, 1206 Blazingstar Drive, Haslet, TX presented their case for the proposed Special Use Permit. The Commission inquired regarding the licensing of employees, the number of employees that would work at the location, and whether employees would be 1099 or W2 employees. Mr. Ingram stated that employees would be hired and work as employees, not independent contractors, and possess their own licensure through the state of Texas. Licenses would be displayed on the wall of the business and be vetted prior to hiring. The business would start out with two massage therapists and reception employees, and that the employees would be employed using 1099 tax forms. Additional questions were raised concerning the liability insurance of the business, nearby massage shops which the owners are connected with, and the recruitment of employees. He answered the Commission’s questions regarding liability insurance by stating that the establishment possesses liability insurance and would be responsible for any claims made against them. Mr. Ingram stated that recruitment of employees is currently done through contacts Mrs. Ingram knows, but they intend to expand through other networks. Chair Bevill inquired about how work would be divided by employees with two locations. Mr. Ingram stated that he would be responsible for taking care of the laundry for both locations at the end of the day, cleaning is handled by the therapists at the start of the day, and that they would go between locations during the day. Commissioner Syed inquired about the hours of operation. He stated that at their current existing location, Deluxe Thai Massage in Roanoke, TX, their hours of operation are from 10am-8pm on Monday through Saturday, and from 10am-6pm on Sunday and that Colleyville’s location would have the same hours of operation. The public hearing was opened at 7:51 p.m. With no one wishing to speak, the public hearing was closed at 7:52 p.m. There was general discussion amongst the Commission whether individual massage therapists employed under the establishment would need individual Special Use Permits and whether liability insurance would be needed for individual massage Planning and Zoning Commission Minutes July 8, 2024 City of Colleyville Page 5 therapists. With someone wishing to speak, the public hearing was re-opened at 7:59 p.m. Josephine Torres, 3904 Copperwood Court, spoke in opposition, specifically requesting for the Tara Plantation Home Owner’s Association to have involvement in the vote of the item. With no one wishing to speak, the public hearing was closed at 8:01 p.m. There was general discussion amongst the Commission whether the item should be tabled to the next worksession to allow for neighborhood discussions. Commissioner Obinabo made a motion to approve Case ZC24-011. Commissioner Arnold seconded the motion. The motion was carried by the following vote: Aye: 4 – Obinabo, Remley, Arnold, and Bevill Nay: 2 – Syed and Groves 2c Consideration of a Rezoning from AG Agricultural and RE Single Family ‘Estate’ Residential district to R-40 Single Family Residential for Tract 1B1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive and 6900 Pool Road, Case ZC24-014 Kristopher Potts presented the case and briefed the Commission. Curtis Young, 1130 North Carroll Avenue, Suite 200, Southlake, TX presented his case to the Commission. He presented the changes that were made to the plan as the case went before Planning and Zoning Commission and City Council and the design of homes that would be built in the neighborhood. Chair Bevill inquired about the construction timeline of the development, and the projected completion date if it were to be approved. Mr. Young stated that based on the timeline, the development would be ready for home construction by the latter part of next year. Commissioner Groves inquired about the tree preservation easement and asked if that could be changed to a landscape and preservation easement to prevent construction. The public hearing was opened at 8:45 p.m. Planning and Zoning Commission Minutes July 8, 2024 City of Colleyville Page 6 Jason Aguirre, 2402 Wilkes Drive, did not wish to speak, but did wish to record his opposition. Robert Zebian, 6708 India Court, did not wish to speak, but did wish to record his opposition. Charlie Anderson, 2414 Wilkes Drive, spoke in opposition, specifically regarding topography and drainage methodology concerns, and the desire to preserve the AG Agricultural zoning on the property. David Dudziak, 2301 Wilkes Court, spoke in support of the case, specifically regarding the way the plan improved over time, the drainage improvements, the addition of a trail, and an improvement to the character of Colleyville. Jeff Cosand, 2604 Twelve Oaks Lane, spoke in support of the case, specifically regarding the improvement of the plan over time and the beautification of an entrance to Colleyville. Tim Waterworth, 6808 Rockbrook Court, spoke in opposition, specifically regarding the topography of the area, ecological features that merit preservation, and the open space preservation goals outlined in the Comprehensive Plan. Bob Egan, 2410 Twelve Oaks Lane, spoke in support of the case if the city accepts the donation of open space on the northern side of the development to develop a trail in the future. With no one wishing to speak, the public hearing was closed at 9:08 p.m. Chair Bevill stated that development of the property would happen at some point, and that there was no guarantee a development of this quality would be brought forth again in the future. Commissioner Remley stated that development on sloped properties is common throughout several states and doable on this property. Commissioner Groves stated that the development would be one of the best developments in Colleyville if approved. Commissioner Syed made a statement that the RE zoning district would be more appropriate for this property. Commissioner Obinabo stated that the development showed improvement over time and shows good open space preservation. Commissioner Groves made a motion to table Case ZC24-014. Commissioner Obinabo seconded the motion. The motion was carried by the following vote: Planning and Zoning Commission Minutes July 8, 2024 City of Colleyville Page 7 Aye: 5 – Groves, Arnold, Savoie, Obinabo, Remley, and Bevill Nay: 1 - Syed 4. CITIZEN COMMENTS The public forum opened at 9:23 p.m. With no one wishing to speak, the public forum closed at 9:23 p.m. 5. ADJOURNMENT The meeting adjourned at 9:23 p.m. The minutes were written and prepared by: Christopher Pham Christopher Pham Planner The meeting minutes were approved on August 12, 2024 by a vote of 6-0.