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Item 3. MinutesREGULAR PLANNING AND ZONING COMMISSION MEETING MARCH 22, 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, Parrish, Forman, Hamel, Springer and Fairchild. STAFF PRESENT: Dennis Killough, Deputy Director of Planning & Development Services; Lorrie Fletcher, Planner I, Matt Jones, Planner I, Steve Anderson, Civil Engineer, Cheryl Taylor, Civil Engineer and Holly Blake, Commission Secretary. WORK SESSION: Item No. 1 – Call to Order: Chairman Hudson called the work session to order at 6:10 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 adjourned 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 6:46 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 February 23, 2012. Made a motion to approve the minutes dated February 23, 2012 as presented. Motion: Parrish Second: Springer Ayes: Forman, Parrish, Springer, Hamel and Hudson Nays: None Abstain: Fairchild Approved: 5-0-1 Agenda Item No. 4 – Approval of Minutes for the Planning and Zoning Commission meeting held on March 8, 2012. Made a motion to approve the minutes dated March 8, 2012 as presented. Motion: Parrish Second: Springer Ayes: Parrish, Springer, Fairchild and Hudson Nays: None Abstain: Forman and Hamel Approved: 4-0-2 Agenda Item No. 5 – Administrative Comments. Staff did not have any comments. Consent Agenda: Agenda Item No. 6- ZA12-019, Final Plat for Lots 6-10, Block 4 and Lots 17-20, Block 7, Shady Oaks Phase 2C, an addition to the City of Southlake, Tarrant County, Texas. Current Zoning: SF-20A – Single Family Residential District. SPIN Neighborhood #6 Made a motion to approve ZA12-019 as presented. Motion: Parrish Second: Springer Ayes: Fairchild, Parrish, Springer, Hamel, Forman and Hudson Nays: None Abstain: None Approved: 6-0 Agenda Item No. 7– ZA12-020, Final Plat for Lots 6-10, Block 7 and Lots 10-16, Block 6 and Lots 29-33, Block 4, Shady Oaks Phase 2F, and addition to the City of Southlake, Tarrant County, Texas. Current Zoning: SF-20A – Single Family Residential District. SPIN Neighborhood #6. Made a motion to approve ZA12-020 as presented. Motion: Parrish Second: Springer Ayes: Fairchild, Parrish, Springer, Hamel, Forman and Hudson Nays: None Abstain: None Approved: 6-0 Regular Agenda: Agenda Item No. 8 – ZA12-016, Specific Use Permit for a Columbarium (Cemetery Use) at White’s Chapel United Methodist Church, on property described as Lot 1R, Block 1, White Chapel Methodist Church Addition an addition to the City of Southlake, Tarrant County, Texas and currently addressed as 185 S. White Chapel Boulevard, Southlake, Texas. Current Zoning: CS – Community Service Zoning District. SPIN Neighborhood #9. PUBLIC HEARING Dennis Killough defined cemetery and columbarium and how the zoning ordinance applies. The applicant, Brent Klein of Jacobs & Associates, 3737 Mapleshade Lane, Plano, TX came forward to answer any questions. Mr. Klein added to Mr. Killough’s statement by saying that bodies are not buried in the ground. The structure is for urn and ash placement with an area inside for viewing and meditation. Chairman Hudson asked about the height of the wall and whether or not the prayer chapel can be seen. Mr. Klein stated that the height of the wall will be 4-ft. on the ends on the upper side of the hill and 5-ft. in the center. The prayer chapel sits at the height of the top of the wall. Commissioner Fairchild asked about opposition and input from the SPIN meeting. Mr. Klein stated that he had conversations with the citizens at the SPIN meeting and clarified the site plan with them. All issues were addressed. Commissioner Parrish asked about the fence to separate the columbarium. Mr. Klein stated that the entrance to the prayer chapel is on the outside of that fence. Commissioner Parrish asked if there was an entrance to the columbarium through the prayer chapel. Mr. Klein stated no. There is a separate entrance. Commissioner Parrish verified that with a separate entrance that the columbarium could be locked. Mr. Klein stated yes. Chairman Hudson opened the public hearing. Connie Montague of 706 Nettleton Drive came forward. Mrs. Montague verbalized her support as a member of the church. She stated that she is on the committee for this project. She stated that she visited other columbarium in the area to get some ideas. She believes that it will be done in good taste. Commissioner Parrish asked where some of the churches were that were visited. Mrs. Montague stated one was a Catholic Church but cannot remember the location and another one was Highland Park Methodist. Chairman Hudson read aloud the names of those that filled out a public comment form. All stated that they were in support but did not wish to speak. The following names were read aloud; Gerald Montague of 706 Nettleton Drive, Edward and Connie Robertson of 1225 Ridgewood Circle, Carl Caruso of 1202 Bowie Court, and William and Margaret Collins of 2901 Knight Court. Chairman Hudson closed the public hearing. Made a motion to approve ZA12-016 a Specific Use Permit for a Columbarium at White Chapel’s United Methodist Church also granting the variance to Section 45. Motion: Parrish Second: Springer Ayes: Fairchild, Parrish, Springer, Hamel, Forman and Hudson Nays: None Abstain: None Approved: 6-0 Agenda Item No. 9- ZA12-009, Zoning Change and Site Plan for Moayyad Medical Office Building on property described as Lot 4, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas; and located at 190 S. White Chapel Boulevard, Southlake, Texas. Current Zoning: CS – Community Service Zoning District. Requested Zoning: S-P-1 Detailed Site Plan Zoning District. SPIN Neighborhood # 10. PUBLIC HEARING Commissioner Parrish asked about a variance for the building line at 19-ft. Matt Jones stated that the building line is included in the development regulations. Skip Blake of Blake Architects at 1202 S White Chapel Blvd. came forward. Mr. Blake stated that the existing building there is located 19-ft. from the property line. Chairman Hudson asked Mr. Blake if it was his intention to completely replace the parking to the street. Mr. Blake stated that would be during the 2nd phase. The 1st phase is to get the S-P-1 Zoning and use the building, 2nd phase would be the parking and landscape and the 3rd phase will be the addition to the existing building and the 2nd structure. Chairman Hudson asked Mr. Blake to walk the commission through each phase. Mr. Blake stated that phase 1 is to allow the existing building to be used for exercise classes such as yoga and zumba with the existing parking. Phase 2 is to create additional parking and landscaping and the 3rd phase will be the addition to the existing building and construct the new building. Chairman Hudson asked if Mr. Blake if they were going to put the sidewalk in along White Chapel Boulevard. Mr. Blake stated yes and it would be part of phase 2. Commissioner Fairchild asked about the right hand turn out of the parking lot onto White Chapel and if the median in the middle would cause a problem. Mr. Blake stated it would not be a difficult turn. Commissioner Parrish asked if an agreement was made regarding the maintenance of the back fence. Mr. Blake stated yes. Chairman Hudson opened and closed the public hearing. Commissioner Springer stated that the sidewalk would be beneficial to the business. Made a motion to approve ZA12-009, the zoning change and site plan for Moayyad Medical Office Building and approve the variance for; 1) the driveway spacing and stacking as requested and 2) the variance to the back fence which would allow a matching ornamental fence similar to what is in place now along the common area to the south and 3) also permitting the requested uses of physical education in phase 1 and nutritional cooking classes in phase 3 subject to site plan review summary #2 dated February 17, 2012. Motion: Parrish Second: Springer Ayes: Fairchild, Parrish, Springer, Hamel, Forman and Hudson Nays: None Abstain: None Approved: 6-0 Agenda Item No. 10- ZA12-003, Site Plan on property described as Lot 3R2R, Block 1, Timarron Golf Course, an addition to the City of Southlake, Tarrant County, Texas; and located at 1400 Byron Nelson Pkwy., Southlake, Texas. Current zoning R-PUD- Residential Planned Unit Development District. SPIN Neighborhood # 9. PUBLIC HEARING Chairman Hudson asked if the ground level portion is closed or open. Matt Jones stated he believes the area is closed. Ryan Yakel with CCI Architect located at 100 Decker Drive, Ste. 140, Irving, TX came forward. This will be a covered porch and the storage is about 10-12-ft. within and underneath. Mr. Yakel explained the materials and design with the Commission. Chairman Hudson asked if the design would look similar to what is there now. Mr. Yakel stated yes. Commissioner Springer asked what the intended use for the storage is. Mr. Yakel stated it would be used for general storage. Chairman Hudson if it was stone wall material behind the scoreboard. Mr. Yakel stated it was either stone or stucco. Chairman Hudson opened and closed the public hearing. Made a motion to approve ZA12-003 subject to staff site plan review summary #2 dated March 16, 2012. Motion: Parrish Second: Springer Ayes: Fairchild, Parrish, Springer, Hamel, Forman and Hudson Nays: None Abstain: None Approved: 6-0 Agenda Item No. 11- ZA12-021, Plat Revision for Lots 12BR1 and 12BR2, Block 1, Cedar Oaks Estates Addition, on property described as Lots 12B and 12B1, Block 1, Cedar Oaks Estates Addition being an addition to the City of Southlake, Tarrant County, Texas and being located at 1525 and 1535 Oak Lane. Current Zoning: SF-1A- Single Family Residential District. SPIN Neighborhood # 5. PUBLIC HEARING Commissioner Fairchild questioned the access easement which is located on property Lot 12A, Block 1. Is it currently an access easement? Matt Jones stated yes and added that the applicant has provided the instrument showing the access easement. Keith Hamilton with Hamilton Duffy PC located at 8241 Mid-Cities Blvd., North Richland Hills, TX came forward. Chairman Hudson asked Mr. Hamilton asked about the history of the property. The applicant, Brice McKane at 1369 Holland Hill, Southlake TX came forward. This property was sub-divided into the 2 pieces that are before you. The smaller portion currently has a home on it and the larger piece does not. Mr. McKane continued to state that he has the proper documentation regarding the easement. Chairman Hudson asked if the existing home is occupied. Mr. McKane stated yes. Richard Murdock of 1545 Oak Lane, Southlake, TX came forward also known has Lot 12A with the panhandle driveway. Based on Mr. Murdock‘s understanding that there is not an easement for Lot 12BR1 or Lot 12BR2. However, Mr. Murdock stated that he is allowing Mr. McKane to use his easement to access Mr. McKane’s property. Commissioner Parrish asked if it was the applicant’s intent to record an easement. Commissioner Parrish is concerned for future reference. Mr. Murdock stated at this time they plan to set up an agreement with Mr. McKane regarding the easement and its use. Commissioner Fairchild asked how wide the driveway is. Mr. Murdock stated not sure of the exact width, but the area is 40-ft. Commissioner Fairchild expressed his concern for emergency vehicle access. Mr. McKane stated that there is a volume and page number on the plat for the easement. Mr. Murdock stated that the easement is not clarified on the plat. Chairman Hudson asked if there was a copy of the instrument showing the easement. Mr. McKane stated that he is possession of that instrument and has given a copy of it to a real estate lawyer. Chairman Hudson clarified that Mr. McKane owned the property. Mr. McKane stated that he did own the property. He purchased the property after clarifying the easement. Chairman Hudson suggested the applicant table this item and provide a copy of the instrument to the City and clarify the easement before moving forward. Mr. McKane and Mr. Murdock both expressed that they would prefer to move forward. The Commissioners discussed moving forward and making the instrument document part of the motion. Dennis Killough agreed that it could be part of the motion for the recommendation to City Council. Commissioner Springer asked about the movement of a fire hydrant. Dennis Killough stated that an 8” water line will be extended to the Lot 12BR1 and replacement of a fire hydrant to provide adequate fire protection with an inclusion of a bridge across the flood plain. Commissioner Springer would like to see documentation of the easement before moving forward. Chairman Hudson stated that our recommendation would include all information needed by the City to move forward to City Council. Dennis Killough stated that the driveway and easement will be reviewed during the permitting process as well as inspected after the issuance of a permit. Chairman Hudson asked if the applicant if they would like to move forward or table. Mr. McKane stated that he would like to move forward. Chairman Hudson opened and closed the public hearing. Made a motion to approve ZA12-021, a plat revision of Cedar Oaks Estates subject to the plat review summary #2 dated March 15, 2012 and subject to a recorded access easement being presented and granting the request for the variance for the frontage requirement and the panhandle lot. Motion: Parrish Second: Hamel Ayes: Fairchild, Parrish, Springer, Hamel, Forman and Hudson Nays: None Abstain: None Approved: 6-0 Agenda Item No. 12 - ZA12-022, Specific Use Permit to allow Kennels at Southlake Crossing Animal Clinic on property described as Lot 4R1, J.G. Allen No. 18 Addition, Southlake, Tarrant County, Texas and located at 2320 West Southlake Boulevard, Southlake, Texas. Current Zoning: C-3 – General Commercial Zoning District. SPIN Neighborhood # 11. PUBLIC HEARING Mark Cox at 1039 Burney Lane, Southlake, TX came forward. The whole purpose of the SUP is to change the sign out front on Southlake Boulevard to advertise more grooming and kennel use. Chairman Hudson asked if the kennels stay fully occupied. Mr. Cox stated that the kennels uses are full during regular vacation dates. On an average night we only have 3 or 4. Chairman Hudson verified that these kennels are separate from the ones used for sick animals. Mr. Cox stated yes. Rex Anderson with Acres Development at 5700 Democracy Drive, Plano, TX came forward and stated that he is here representing an adjacent land owner to the North owned by S&S Land Holdings. The main concern we had but believe it has been addressed was we did not want outdoor kennels directly adjacent to the property we represent. Based on the presentation given by staff, all of our concerns were addressed. Christopher Anderson with Acres Development at 5700 Democracy Drive, Plano, TX came forward and stated that the future office building will have multiple tenants. From a marketing view, outdoor kennels would not be acceptable. Mr. Cox addressed the issue of outdoor kennels by stating there will not be any outdoor kennels. Chairman Hudson opened and closed the public hearing. Made a motion to approve ZA12-022, a specific use permit for Southlake Crossing Animal Clinic noting that there will not be any structural changes and will not include outdoor dog runs and/or kennels. Motion: Parrish Second: Springer Ayes: Fairchild, Parrish, Springer, Hamel, Forman and Hudson Nays: None Abstain: None Approved: 6-0 Agenda Item No. 13 - Ordinance No. 480-IIII, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to temporary construction facilities and/or temporary sales facilities located on property under construction. PUBLIC HEARING Chairman Hudson verified that this will increase the allowable square footage from 500 sq. ft. to 3,000 sq. ft. and anything above that would require an SUP. Dennis Killough added that any trailer to remain over a 2 year period would also require an SUP. Chairman Hudson asked if this would include a model home. Dennis Killough stated no. Commissioner Springer asked if we have any control of what kind of trailer is used, such as a pull up trailer. Dennis Killough stated that trailers are state inspected. The only inspection the city can do is site placement inspection along with use and any hook ups that are needed such as electrical and mechanical. Commissioner Fairchild asked about landscaping control around these buildings. Dennis Killough stated we do not require landscaping for construction trailers due to their temporary uses. However, if you like you can make that recommendation to City Council. Commissioner Parrish mentioned that the Commission may want to make some kind of recommendation regarding how these trailers look. Commissioner Hamel added that in a residential area landscaping would be better versus a commercial area. Chairman Hudson opened and closed the public hearing. Made a motion to approve the amendment to Ordinance 480-IIII as presented with a note to Council to consider making changes to the SUP language or the Ordinance language in respect to temporary trailers in residential areas. Motion: Parrish Second: Springer Ayes: Fairchild, Parrish, Springer, Hamel, Forman and Hudson Nays: None Abstain: None Approved: 6-0 Agenda Item No. 14- Meeting Adjournment at 8:06 p.m. ______________________________ Robert Hudson ATTEST: Chairman ________________________________ Holly Blake Commission Secretary