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2012-04-19 CITY O F SOUTH LAKE TEXAS REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 19, 2012 LOCATION: 1400 Main Street, Southlake, Texas Work Session - Executive Conference Room, Suite 268 of Town Hall or City Council Chambers of Town Hall Regular Session - City Council Chambers of Town Hall COMMISSIONERS PRESENT: Chairman Hudson, Vice -Chair Parrish, Forman, Fairchild, Springer, Hamel, and Williamson. STAFF PRESENT: Deputy Director, Dennis Killough; Planner I, Lorrie Fletcher; Planner I, Daniel Cortez; Deputy City Engineer, Cheryl Taylor; Civil Engineer, Alex Ayala and Commission Secretary, Holly Blake. WORK SESSION: Item No. 1 — Call to Order: Chairman Hudson called the work session to order at 6:05 p.m. Item No. 2 — Discussion of all Items of Tonight's Meeting Agenda: Staff reviewed the agenda. Item No. 3 — Work Session Adjourned: Chairman Hudson adjoumed the work session at 6:30 p.m. REGULAR SESSION: Agenda Item No. 1— Call to Order: Chairman Hudson called the regular meeting to order at 6:36 P.M. Agenda Item No. 2 — Executive Session: No executive session was held. Agenda Item No. 3— Approval of Minutes for the Planning and Zoning Commission meeting held on April 5, 2012. Commissioner Williamson asked the minutes to be corrected on Item 6. Commissioner Forman and Commissioner Fairchild are listed twice. Made a motion to approve the minutes with the correction to Item 6 listing Commissioner Forman and Commissioner Fairchild in the Abstain column only. Motion: Parrish Second: Williamson Ayes: Forman, Parrish, Williamson, Fairchild and Hudson. Nays: None Abstain: Hamel and Springer Approved: 5 -0 -2 Agenda Item No. 4 — Administrative Comments. Dennis Killough addressed the Commission to remind them of up and coming SPIN and 2030 meetings. Planning and Zoning Commission Meeting Minutes - April 19, 2012 Page 1 of 7 Regular Agenda: Agenda Item No. 5- ZAl2 -024, Specific Use Permit to allow a Bar or Tavern for The Ginger Man on property described as Lot 3R, Block 22, Southlake Town Square Addition, Southlake, Tarrant County, Texas and located at 1512 East Southlake Boulevard, Southlake, Texas. Current Zoning: DT — Downtown Zoning District. SPIN Neighborhood # 8. (Tabled on April 5, 2012) PUBLIC HEARING Steve Swift, 6314 Winchester Drive, Dallas, TX came forward. Commissioner Parrish asked about the term of the lease for the space. Mr. Swift stated that the lease is for 7 years with a few options. Chairman Hudson asked if the applicant received any input from the SPIN meeting. Mr. Swift stated that one man did show up and asked about the alcohol policies. Mr. Swift continued to state that this is a low key bar for conversation and specialty beer and fine wine with about 10% food sales. Commissioner Williamson asked when they plan to open. Mr. Swift stated within 60 days from approval. Commissioner Springer confirmed that the walk in cooler is to keep the beer cold. Mr. Swift added that there will be a tap wall located in front of the cooler. Commissioner Parrish asked if the upstairs will remain open. Mr. Swift stated that the upstairs will remain open. Commissioner Hamel asked about the hours of operation. Mr. Swift stated that the hours of operation would be 1:00 P.M. to 2:00 A.M. Chairman Hudson opened and closed the public hearing. Made a motion to approve, ZAl2 -024, Specific Use Permit to allow a Bar or Tavern for The Ginger Man, subject to the terms of the lease of 7 years. Motion: Parrish Second: Hamel Ayes: Forman, Fairchild, Parrish, Springer, Hamel, Williamson, and Hudson Nays: None Abstain: None Approved: 7 -0 Agenda Item No. 6— ZAl2 -034, Zoning Change and Site Plan for 280 Sports on Planning and Zoning Commission Meeting Minutes —April 19, 2012 Page 2 of 7 property being described as Lot 2R, Block B, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, and being located at 280 Commerce Street, Southlake, Texas. Current Zoning: S -P -1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #8 PUBLIC HEARING Christy Abercrombie, 1420 Danbury Parks Drive, Keller, TX came forward. Commissioner Williamson asked about the overall square footage of the building and what square footage is occupied by the corridor between Emler Swim School and Champion Cheer. Commissioner Williamson continued to ask what percentage would be needed or used for 0 -1 purposes. Mrs. Abercrombie stated that the current square footage is 98,000 sq. ft. and the corridor is 17,500 sq. ft. Mrs. Abercrombie continued to state that they are asking for 2,000 sq. ft. to use as 0 -1. Commissioner Williamson stated that the business has been good for Southlake families and would like this change to enhance that even more and secure the success of the business. Mrs. Abercrombie addressed parking issues and would like to spread out the hours of operation to accommodate parking for all businesses. Commissioner Williamson asked what square footage could be used at full capacity minus the corridor. Mrs. Abercrombie stated 80,000 sq. ft. Commissioner Williamson asked Mrs. Abercrombie is she would be willing to cap the square footage for 0 -1 use and if so, what would that square footage be. Mrs. Abercrombie stated that she would agree to 5,000 to 7,000 sq. ft. Commissioner Fairchild and Commissioner Williamson agreed that 10,000 sq. ft. would be more applicable. Chairman Hudson opened and closed the public hearing. Commissioner Forman stated that he was worried about limiting the uses for the applicant and the market conditions for long term. Commissioner Williamson stated that the Commission could increase the percentage for 0 -1 use. The Commission does not want to limit any future progress. However, with the current uses being predominately family, and /or children type uses, the Commission does not want to interfere with the current concept. Chairman Hudson brought up the best use for this building is the use that is currently being utilized. Planning and Zoning Commission Meeting Minutes April 19, 2012 Page 3 of 7 Commissioner Hamel brought up that a percentage is good. The applicant can always come back if more is needed. Commissioner Parrish pointed out that with the current zoning, a manufacturing company could move in without restriction. With 0 -1 use it would increase the City's garden office space but doesn't believe the market would favor that. Commissioner Forman and Commissioner Hamel agreed with Commissioner Parrish. Commissioner Williamson would like to insure that the current use does not change. Made a motion to approve, ZAl2 -034, Zoning Change and Site Plan for 280 Sports subject a limit of 10,000 square feet for 0 -1 use and subject to the Staff Report dated April 13, 2012. Motion: Parrish Second: Williamson Ayes: Forman, Fairchild, Parrish, Williamson, Hamel, Springer and Hudson Nays: None Abstain: None Approved: 7 -0 Agenda Item No. 7 - ZAl2 - 035, Zoning Change and Site Plan for the CISD Senior High School on property being described as Lot 1, Block 1, Carroll Senior High School Addition, an addition to the City of Southlake, Tarrant County, Texas and being located at 1501 W. Southlake Blvd., Southlake, Texas. Current Zoning: S -P -1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #10 PUBLIC HEARING Commissioner Springer asked Staff to verify the neighborhood that is requesting that the fence requirement for a fence to their properties be removed. Daniel Cortez verified that the Park Place Addition is the neighborhood to the south. Derek Citty, 3051 Dove Road, Grapevine, TX came forward. Mr. Citty requested to accommodate the neighborhood to the south and remove the fence request from the site plan on the southern boundary. Chairman Hudson asked about the tree shown on the site plan. Mr. Citty stated that the tree will be protected at all costs. The particular tree is the "shoe tree ". Chairman Hudson verified with Derek about removing the fence. Commissioner Fairchild mentioned that on some of the response letters that came back spoke of dead trees on the property. Commissioner Fairchild asked Mr. Citty to speak Planning and Zoning Commission Meeting Minutes —April 19, 2012 Page 4 of 7 on record regarding the plans for this. Mr. Citty stated the trees will be replaced along with the irrigation system in order to keep the trees from dying. Chairman Hudson opened and closed the public hearing. Commissioner Parrish is concerned that some of the homeowners may have changed since the petition was signed in September 2011. Commissioner Hamel asked about notification requirements. Dennis Killough stated all notifications went out to the neighbors in a timely manner according to requirements within 200 -ft. Commissioner Hamel asked if the notifications addressed the field house and the fencing. Dennis Killough stated that when notifications are sent out, the details of the case are addressed but not all details are spelled out. That is the purpose of the public hearing. Made a motion to approve, ZAl2 -035, Zoning Change and Site Plan for the CISD Senior High School, subject to site plan review summary No. 1 dated April 13, 2012 noting the petition that has been submitted by Park Place Addition relieving CISD of their responsibility to replace the fence line along the southern boundary. Motion: Parrish Second: Williamson Ayes: Forman, Fairchild, Parrish, Williamson, Hamel, Springer and Hudson Nays: None Abstain: None Approved: 7 -0 Agenda Item No. 8 - ZAl2 -036, Specific Use Permit for Avary Investments for the sales and service of used automobiles, trucks and motorhomes on property described as Lot 4R, Block C, North Davis Business Park, an addition to the City of Southlake, Tarrant County, Texas and being located at 2105 Greenbriar Dr., Southlake, Texas. Current Zoning: 1 -1 Light Industrial District. SPIN Neighborhood # 10 PUBLIC HEARING John Avary, 1075 Dove Road, Southlake, Texas came forward. Chairman Hudson asked the applicant to clarify minor repair work. Mr. Avary stated the majority of business is on collectables and that the major repairs we do are pulling parts such as carburetors which are sent out to be repaired. No engine building. Planning and Zoning Commission Meeting Minutes April 19, 2012 Page 5 of 7 Commissioner Springer verified with the applicant that he owned the building and the business. Chairman Hudson asked Mr. Avary how business was. Mr. Avary stated business is good. Commissioner Parrish asked if this was a growing part of the automotive market. Mr. Avary stated that this is a tough business. However, he enjoys having his business here in Southlake where he lives. Commissioner Springer asked if the vehicles are moved via transport. Mr. Avary stated yes. Chairman Hudson opened and closed the public hearing. Commissioner Hamel asked about the limits regarding perpetuity. Dennis Killough stated that the SUP goes with the property not the owner. If use ceases for 6 months, SUP terminates. If use goes beyond scope of SUP code enforcement action will require compliance. Commissioner Williamson clarified if the business changed use in any way they would be required to come back. Commissioner Hamel and Chairman Hudson agreed that a time limit is needed. Made a motion to approve, ZAl2 -036, Specific Use Permit for Avary Investments for the sales and service of used automobiles, trucks and motorhomes subject to the Staff Report dated April 12, 2012 and limiting the use to 5 years. Motion: Parrish Second: Williamson Ayes: Forman, Fairchild, Parrish, Williamson, Hamel, Springer and Hudson Nays: None Abstain: None Approved: 7 -0 Agenda Item No. 9- Consider: ZAl2 -037, Specific Use Permit for Spirit Life Church on property being described as Lot 1, Block C, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas and being located at 2805 Markey Loop, Southlake, Texas. Current Zoning: 1 -1 Light Industrial District. SPIN Neighborhood # 8 (The applicant has withdrawn this item.) Made a motion to withdraw, ZA 12 -037, Specific Use Permit for Spirit Life Church, per the applicant's request. Planning and Zoning Commission Meeting Minutes —April 19, 2012 Page 6 of 7 Motion: Parrish Second: Williamson Ayes: Forman, Fairchild, Parrish, Williamson, Hamel, Springer and Hudson Nays: None Abstain: None Approved: 7 -0 Agenda Item No. 10- Meeting Adjournment at 7:38 p.m. /LAY/ Robert Hudson ATTEST: Chairman C u,hg J Holly Blake t Commission Secretary Planning and Zoning Commission Meeting Minutes April 19, 2012 Page 7 of 7