2015-09-17 P&Z MeetingCITY OF
SOUTHLAK, E
TEXAS
PLANNING AND ZONING COMMISSION MEETING: SEPTEMBER 17, 2015
LOCATION: 1400 Main Street, Southlake, Texas 76092
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
WORK SESSION: 5:30 P.M.
1. Call to Order.
2. Recap of City Council's action and discussion on Planning & Zoning
recommended cases.
3. Planning and Zoning Commissioner City Assigned Emails.
4. Discussion of all items on tonight's meeting agenda.
5. Adjournment.
REGULAR SESSION: 6:30 P.M. or immediately following the Planning and Zoning
Commission work sessions.
1. Call to Order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071. Refer to posted list attached hereto
and incorporated herein. Executive Session may be held, under these
exceptions, at the end of the Regular Session or at any time during the
meeting that a need arises for the Planning and Zoning Commission to
seek advice from the City Attorney as to the posted subiect matter of this
Planning and Zoning Commission meeting. Section 551.071: Consultation
with attorney.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. Consider approval of the minutes for the Planning and Zoning
Commission meeting held on September 3, 2015.
Planning & Zoning Commission Agenda
September 17, 2015
Page 1 of 3
CITY OF
SOUTHLAIE
TEXAS
4. Administrative Comments.
CONSENT AGENDA:
5. Consider: ZA15-057 — Final Plat for Shady Lane on property described
as Tracts 5C1, 5E1, 5E and 5D2C, Samuel Freeman Survey, Abstract No.
525, City of Southlake, Tarrant County, Texas and located at 853, 909, 1001
and 1015 Shady Ln., Southlake, Texas. Current Zoning: "SF -1A" Single Family
Residential District. SPIN Neighborhood # 4.
6. Consider: ZA15-083 — Final Plat for Moss Farms on property described as
Tract 3A1 K, F. Throop Survey, Abstract No. 1511, City of Southlake, Tarrant
County, Texas and located at 1967 E. Dove Rd., Southlake, Texas. Current
Zoning: "SF -1A" Single Family Residential District. SPIN Neighborhood #4.
REGULAR AGENDA:
7. Consider: Ordinance No. 480-703 (ZA15-084) Zoning Change and
Development Plan for Diyar Eco Estates on property described as Lot 1 R,
Block 2, East Haven Addition, an addition to the City of Southlake, Tarrant
County, Texas, and located at 1021 E. Continental Blvd., Southlake, Texas.
Current Zoning: "SF -2" Single Family Residential District. Proposed Zoning: "R -
PUD" Residential Planned Unit Development District. SPIN Neighborhood # 9.
This item was tabled at the request of the applicant at the September 3,
2095 Planning and Zoning Commission meeting.
PUBLIC HEARING
8. Consider: ZA15-088 —Site Plan for Malai Kitchen Outdoor Patio on
property described as Lot 1, Block 1, Park Village, an addition to the City of
Southlake, Tarrant County, Texas, and located at 1035 E. Southlake
Blvd. Current Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood
# 9.
PUBLIC HEARING
9. Consider: Resolution No. 15-046 (ZA15-090) — Specific Use Permit for
Camp Bow Wow on property described as Lot 2R, Block B, Commerce
Business Park Addition, an addition to the City of Southlake, Tarrant County,
Texas and being located at 280 Commerce Street, Suite 100, Southlake,
Texas. Current Zoning: "S -P-1" Detailed Site Plan District. SPIN
Neighborhood # 8.
PUBLIC HEARING
Planning & Zoning Commission Agenda
September 17, 2015
Page 2 of 3
CITY OF
SOUTHLAI,E
TEXAS
10. Consider: Ordinance No. 480-497b (ZA15-101) — Zoning Change and Site
Plan for Zoe's Kitchen at Kimball Crossing on property described as Lot 1,
Block 1, Ethan Allen 1709 Addition and Lot 1, Block 1, Kimball Crossing,
additions to the City of Southlake, Tarrant County, Texas and located at 2171
and 2175 E. Southlake Blvd., Southlake, Texas. Current Zoning: "S -P-1"
Detailed Site Plan District. Proposed Zoning: "S -P-1" Detailed Site Plan District.
SPIN Neighborhood # 8.
PUBLIC HEARING
11. Consider: Meeting Adjournment.
A quorum of the City Council may be present at this meeting.
CERTIFICATE
hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, September 11, 2015, by 6:00 p.m.,
pursuant to the Texas Gorv,mjj�1,
Ut` Code, Chapter 551.
• a
Lori Payne, TR81C
fib° ti�
City Secretary '
�i°abra•+O +�
I t
If you plan to attend this public meeting and have a disability that requires special
needs, please advise the City Secretary 48 hours in advance at 817-748-8016, and
reasonable accommodations will be made to assist you.
EXECUTIVE SESSION
Section 551.071: Consultation with attorney: The Planning and Zoning Commission may
conduct a private consultation with its attorney when the Planning and Zoning
Commission seeks the advice of its attorney concerning any item on this agenda or on a
matter in which the duty of the attorney to the Planning and Zoning Commission under
the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas
clearly conflicts with Chapter 551.
Planning & Zoning Commission Agenda
September 17, 2015
Page 3 of 3
CITY OF
SOUTHLAKE
TEXAS
REGULAR PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 17,
2015
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: Vice Chairman Forman, Daniel Kubiak, Chris Greer,
Eric Ransom, Kate Smith and Michael Springer.
STAFF PRESENT: Deputy Director, Dennis Killough; Steven Anderson, Civil Engineer;
Richard Schell, Principal Planner and Holly Blake, Commission Secretary.
WORK SESSION:
Item No. 1 — Call to Order: Vice Chairman Forman called the work session to order at
6:00 pm.
Item No. 2 — Recap of City Council's action and discussion on Planning and Zoning
recommended cases.
Item No. 3— Discussion of all items on tonight's meeting agenda.
Item No. 4 - Overview of City Council approved Resolution No. 15-007, a
resolution of the City of Southlake, Texas which approved the agreement, terms
and conditions of a 380 agreement with SRH Hospitality Southlake Investment,
LLC (Westin Hotel) to promote economic development and stimulate business
and commercial activity in the City.
Item No. 5 — Adjournment Vice Chairman Forman adjourned the work session at 6:25
pm.
REGULAR SESSION:
Agenda Item No. 1 — Call to Order: Vice Chairman Forman called the regular session to
order at 6:30 pm.
Agenda Item No. 2 — Executive Session:
A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas
Government Code, Sections 551.071. Refer to posted list attached hereto and
incorporated herein. Executive Session may be held, under these exceptions, at the
end of the Regular Session or at any time during the meeting that a need arises
for the Planning and Zoning Commission to seek advice from the City Attorney as
Planning and Zoning Commission Meeting Minutes — September 17, 2015
Page 1 of 10
to the posted subiect matter of this Planning and Zoning Commission meeting.
Section 551.071: Consultation with attorney
B. Reconvene: Action necessary on items discussed in Executive Session.
The Commission entered into Executive Session at 6:15 pm. No action was taken and
Executive Session was adjourned at 6:50 pm.
Agenda Item No. 3 — Approval of minutes dated September 3. 2015.
Motion to approve the minutes dated September 3, 2015 as presented.
Motion: Kubiak
Second: Smith
Ayes: Kubiak, Ransom, Springer, Greer and Smith
Nays: None
Abstain: Forman
Approved: 5-0-1
Agenda Item No. 4 — Administrative Comments.
Dennis Killough
CONSENT AGENDA:
Agenda Item No. 5: ZA15-057 — Final Plat for Shady Lane on property described
as Tracts 5C1, 5E1, 5E and 5D2C, Samuel Freeman Survey, Abstract No. 525, City of
Southlake, Tarrant County, Texas and located at 853, 909, 1001 and 1015 Shady Ln.,
Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. SPIN
Neighborhood # 4.
Motion to approve ZA15-057, subject to Plat Review Summary No. 2, dated Septermber
8, 2015 and Staff Report dated September 11, 2015.
Motion: Kubiak
Second: Smith
Ayes: Kubiak, Ransom, Springer, Greer, Smith and Forman
Nays: None
Abstain: None
Approved: 6-0-0
Agenda Item No. 6: ZA15-083 — Final Plat for Moss Farms on property described as
Tract 3A1K, F. Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County,
Texas and located at 1967 E. Dove Rd., Southlake, Texas. Current Zoning: "SF -1A"
Single Family Residential District. SPIN Neighborhood #4.
Motion to approve ZA15-083, subject to Final Plat Review Summary No. 2, dated
Planning and Zoning Commission Meeting Minutes —September 17, 2015
Page 2 of 10
September 11, 2015 and Staff Report dated September 11, 2015.
Motion: Kubiak
Second: Smith
Ayes: Kubiak, Ransom, Springer, Greer, Smith and Forman
Nays: None
Abstain: None
Approved: 6-0-0
REGULAR AGENDA:
Agenda Item No. 7: Ordinance No. 480-703 (ZA15-084) Zoning Change and
Development Plan for Diyar Eco Estates on property described as Lot 1 R, Block 2,
East Haven Addition, an addition to the City of Southlake, Tarrant County, Texas, and
located at 1021 E. Continental Blvd., Southlake, Texas. Current Zoning: "SF -2" Single
Family Residential District. Proposed Zoning: "R -PUD" Residential Planned Unit
Development District. SPIN Neighborhood # 9. This item was tabled at the request
of the applicant at the September 3, 2015 Planning and Zoning Commission
meeting.
PUBLIC HEARING
Richard Schell, Principal Planner presented Item No. 7, ZA15-084.
Jean Robin, 365 Arbor Chase, Euless TX and Randy Eardley, 2201 E Lamar, Arlington,
TX came forward with a separate presentation for this development showing the
changes that were requested by the Commission on September 3, 2015.
Commissioner Kubiak asked about the gate.
Ms. Robin stated that the gate will remain open.
Commissioner Kubiak recognized the applicant's efforts to make the changes that were
requested by the Commission.
Commissioner Springer asked about the use of the well.
Ms. Robin stated that it will be used for the common areas.
Commissioner Smith asked about the flood plain.
Ms. Robin clarified the existence of the flood plain and its location.
Commissioner Greer asked about the demarcation for Lot 2 and the garden.
Ms. Robin stated that Lot 2 will be the model home, so at the time, it will be a wrought
iron fence.
Planning and Zoning Commission Meeting Minutes —September 17, 2015
Page 3 of 10
Commissioner Greer asked about the height and the possibility of change once the
model home is purchased.
Ms. Robin stated it will be built to maximum height.
Commissioner Greer asked about the mesquite trees that are planning to be planted
and continued to state that they are not a good choice. Commissioner Smith added that
they are water guzzlers as well.
Ms. Robin stated that mesquite trees will be removed from the plan.
Vice Chairman Forman opened the public hearing.
Mark Schulte, 1200 Haven Circle came forward to speak in opposition. Mr. Schulte is
concerned with the density and possible flooding conditions and stated that the majority
of Haven Circle are against this development. Mr. Schulte also asked if the proposed
builder is Star Certified.
Jim Marlen, 1210 Haven Circle came forward to speak in opposition. Mr. Marlen is
concerned about the property value of his home being reduced.
Vice Chairman Forman closed the public hearing.
Vice Chairman Forman asked about the builder.
Ms. Robin stated that the builder is Star and Energy Certified. In regards to the owners
on Haven Circle, Ms. Robin stated that she went door to door to discuss the concerns
they had.
Commissioner Ransom asked about the flooding issue.
Mr. Eardley stated that the water will be diverted according to city standards.
Steve Anderson, City Engineer stated that the applicant has not provided a detailed
preliminary drainage study but has been asked to address the impacts for post versus
pre development.
Commissioner Springer asked about the fence that separates Haven Circle and the
Diyar Eco.
Ms. Robin stated the houses in Haven Circle are all two -stories and they are built right
up to the fence line.
Commissioner Greer asked what the average selling price will be.
Ms. Robin stated $1.5 million.
Commissioner Smith asked about some of the Eco features.
Planning and Zoning Commission Meeting Minutes —September 17, 2015
Page 4 of 10
Ms. Robin explained the comfort comes and the Eco features.
Commissioner Kubiak asked the applicant to have the people that have changed their
views regarding support or opposition to express the changing votes in writing.
Commissioner Kubiak mentioned that the land use plan is medium density.
Commissioner Smith advised the applicant to have the builder present for the City
Council meeting and also believes that this development is within spirit of the land use
plan.
Commissioner Springer stated that he liked the development and believes it will fit.
Motion to approve ZA15-084, subject to Staff report dated September 11, 2015 and
Development Plan Review Summary No. 4 dated September 11, 2015 and noting
the private gated street is not a permitted ability under this application, removing
mesquite trees as a permitted tree type under this application and noting the
applicant's willingness to address with staff any new incremental drainage impact
resulting from this development and the applicant's willingness to have the
builder present at the City Council meeting for this application and noting the
applicant will reach out to the members of the community that previously
expressed opposition but the applicant is now stating they are in favor to re-
submit their comment before the 1St Reading at City Council.
Motion: Kubiak
Second: Smith
Ayes: Kubiak, Ransom, Springer, Greer, Smith and Parrish
Nays: None
Abstain: None
Approved: 6-0-0
Agenda Item No. 8: ZA15-088 —Site Plan for Malai Kitchen Outdoor Patio on
property described as Lot 1, Block 1, Park Village, an addition to the City of Southlake,
Tarrant County, Texas, and located at 1035 E. Southlake Blvd. Current Zoning: "S -P-1"
Detailed Site Plan District. SPIN Neighborhood # 9.
PUBLIC HEARING
Richard Schell, Principal Planner presented Item No. 8, ZA15-088:
Braden Wages, 3699 McKinney Ave, Ste. 319, Dallas came forward.
Vice -Chairman Forman asked for an explanation for the reason of the request.
Mr. Wages would like to have a consistent feel to the restaurant and would like the
outside to match somewhat with the inside.
Commissioner Kubiak explained his concern for long term use of the structure.
Planning and Zoning Commission Meeting Minutes —September 17, 2015
Page 5 of 10
Commissioner Greer asked about combining both the interior and the exterior on the
patio to make it more cohesive.
Commissioner Smith asked about the fencing being wood. Would like the wall to match
better
Mr. Wages stated that the wall could be masonry but the slats to the awnings need to
be wood especially the beams.
Commissioner Smith asked if the posts could be masonry as well where the wall is.
Mr. Wages stated that the beams that start in the kitchen are 6 x 16. However, the
bottom portion could be masonry.
Vice- Chairman Forman opened and closed the public hearing.
Motion to approve subject to the staff report dated September 11, 2015 and Site
Plan Review Summary No. 2 dated September 11, 2015, specifically granting the
variance noted in the staff report with respect to exclusion of masonry materials,
however, noting the applicant's willingness that upon 1St reading at City Council
to replace the wooden fence along the perimeter of the patio with consistent
masonry like materials as the exterior of the building inclusive of the three
exposed columns noted in the elevations that are visible from the exterior of the
patio up to the height of the exterior wall and to provide photos of the interior to
give better context to the style.
Motion: Kubiak
Second: Smith
Ayes: Kubiak, Smith, Ransom, Forman, and Greer
Nays: Springer
Abstain: None
Approved: 5-1-0
Agenda Item No. 9: Resolution No. 15-046 (ZA15-090) — Specific Use Permit for
Camp Bow Wow on property described as Lot 2R, Block B, Commerce Business Park
Addition, an addition to the City of Southlake, Tarrant County, Texas and being located
at 280 Commerce Street, Suite 100, Southlake, Texas. Current Zoning: "S -P-1" Detailed
Site Plan District. SPIN Neighborhood # 8.
PUBLIC HEARING
Richard Schell presented Item No. 9, ZA15-090.
Mark Glover, 140 Red Oak Lane, Flower Mound came forward with Amy Petrie and
Cara Petrie, 1005 Calgary Court, Lewisville came forward. The applicant's gave a
separate presentation.
Vice Chairman Forman asked for clarification on the interim portion of the presentation.
Planning and Zoning Commission Meeting Minutes —September 17, 2015
Page 6 of 10
Ms. Petrie stated that there will not be an interim space. They are hoping to be
permanent with a 10 year lease.
Commissioner Greer asked about decimal noise.
Ms. Petrie stated that all dogs will not be out overnight. All boards are indoors and all
play is supervised and the camp counselors are certified in pack management. Also, the
walls are being insulated with noise absorption.
Mr. Glover added that there is currently a 5 -inch concrete wall between spaces and we
will be adding a new 2.5 -inch metal stub wall with insulation and 2 -inch gab between
walls.
Commissioner Greer asked about during the day with all the traffic of the building.
Ms. Petrie stated that there will be some barking during the day but this is not a
residential neighborhood and we our entrance is completely separate from the
remaining building.
Commissioner Greer asked about the PVC fencing.
Mr. Glover stated that the PVC fence is more cleanable based on the use of the fence.
Commissioner Kubiak asked about the use and the human element and allergies.
Ms. Petrie stated that the AC is serviced regularly, filters are changed more frequently
and the space is kept clean.
Mr. Glover added that the space is separate from the remainder of the building including
the entrance and exit.
Vice Chairman Forman opened the public hearing and read aloud the comment cards.
Jim Drandt, 5617 Champions Drive, Plano is in opposition but does not wish to speak.
Cindy Hicks, 4118 Havestwood Drive, Grapevine is in support but does not wish to
speak.
Jen Emler, 1300 Chatsworth Court, Colleyville came forward in opposition. Ms. Emler
expressed her concern about having dogs in the building specifically dogs in the parking
lot where they will be using the restroom where the kids will be walking through and
tracking fecal into the building. Another concern is the parking. Parking is already tight.
Commissioner Springer asked about showers in the swim school.
Ms. Emler stated that they do have showers and encourage the use.
Planning and Zoning Commission Meeting Minutes —September 17, 2015
Page 7 of 10
Vice Chairman Forman closed the public hearing.
Vice Chairman Forman stated that he is in favor of the business but not at this location.
Commissioner Forman agreed with Vice Chairman Forman and expressed his concern
regarding parking and use.
Commissioner Greer agreed.
Ms. Petrie, Ms. Petrie and Mr. Glover came forward and explained the reason for the
location. They believe this location is a "one stop shop" for both, kids, dogs and parents.
Commissioner Smith suggested that the applicant reach out to those in opposition.
Commissioner Smith asked staff to clarify the parking.
Dennis Killough stated parking regulations which is based on use and square footage.
At this time, this facility has required parking.
Motion to Approve subject to the Staff Report dated September 11, 2015, and
tying the specific use permit to the term of the lease and any extensions.
Motion: Springer
Second: Ransom
Ayes: Springer, Ransom and Smith
Nays: Kubiak, Greer and Forman
Abstain: None
Approved: 3-3-0
Agenda Item No. 10: Ordinance No. 480-497b (ZA15-101) — Zoning Change and
Site Plan for Zoe's Kitchen at Kimball Crossing on property described as Lot 1,
Block 1, Ethan Allen 1709 Addition and Lot 1, Block 1, Kimball Crossing, additions to
the City of Southlake, Tarrant County, Texas and located at 2171 and 2175 E.
Southlake Blvd., Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District.
Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood # 8.
PUBLIC HEARING
Richard Schell presented Item No. 10, ZA15-101.
Commissioner Kubiak stated that this was previously brought before council but council
wanted a more uniform look.
Mr. Schell agreed.
Commissioner Smith asked about the colors and if any were on the prohibited list.
Mr. Schell stated not under this zoning. Mr. Killough clarified the zoning and the
allowable colors.
Planning and Zoning Commission Meeting Minutes -September 17, 2015
Page 8 of 10
Fabiola Suarez, Development Coordinator and Matt Wells, Development Manager for
Zoes, 5760 State Highway 121, Suite 250 Plano came forward.
Ms. Suarez clarified that when the signs came forward before, management presented
and not a representative from Zoe's. Ms. Suarez continued with a separate
presentation.
Commissioner Kubiak asked about the current sales of the store.
Ms. Suarez stated it is doing good for the market but could be better and feels the
landscape hides the store. Ms. Suarez stated that the corporate colors could help with
locating the store. Mr. Wells agreed.
Commissioner Greer asked about the facades if there was a variance required for them.
Mr. Killough stated no.
Vice Chairman Forman asked about other locations and the standard package and if
any of them were modified.
Mr. Wells stated yes.
Commissioner Smith asked to see pictures of other stores. Commissioner Smith stated
that the colors vary.
Mr. Wells stated that the colors are trademark. Perhaps it could be material which could
mimic a color difference.
Vice Chairman stated that other franchises have come in and have done well without
loud signs.
Commissioner Smith stated that at least three of the colors are banned colors.
Mr. Wells stated again that these are trademark colors.
Commissioner Kubiak asked if the applicant has had any conversation with council.
Ms. Suarez and Mr. Wells stated no.
Vice Chairman Forman opened and closed the public hearing.
Commissioner Springer stated that this would open the door to others wanting the same
thing.
Commissioner Smith believes that there is a compromise but not sure what that would
be.
Commissioner Kubiak asked about the window shade.
Planning and Zoning Commission Meeting Minutes —September 17, 2015
Page 9 of 10
Mr. Killough stated that the window shade is specific approval with the site plan.
Motion to deny ZA15-101.
Motion: Kubiak
Second: Springer
Ayes: Kubiak, Springer, Greer,
Nays: None
Abstain: None
Approved: 6-0-0
Ransom, Smith and Forman
Agenda Item No. 11: Meeting Adjournment. Meeting Adjourned at 9:06 pm.
Michael Forman
ATTEST: Vice Chairman
_t i�
Holly Blake
Commission Secretary
Planning and Zoning Commission Meeting Minutes —September 17, 2015
Page 10 of 10