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2011-02-03 P&Z Meeting CITY O SOUF THLA1(E AMENDED TEXAS 1 REGULAR PLANNING AND ZONING COMMISSION MEETING FEBRUARY 3, 2011 2 3 LOCATION: 1400 Main Street, Southlake, Texas 4 Work Session - Executive Conference Room, Suite 268 of City Hall 5 or City Council Chambers of City Hall 6 Regular Session - City Council Chambers of City Hall 7 8 JOINT CITY COUNCIL AND PLANNING AND ZONING WORK SESSION: 9 10 CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill (arrived at 5:53 p.m.), 11 Deputy Mayor Pro Tem Brandon Bledsoe, and Council members Carolyn Morris, Pamela A. Muller, 12 Jeff Wang and Al Zito. 13 14 CITY COUNCIL ABSENT: None. 15 16 PLANNING AND ZONING COMMISSION PRESENT: Chairman Darrell Faglie, Vice - Chairman 17 Robert Hudson (arrived at 7:00 p.m.), and Commissioners Jim Hamel, Joe Lancor, and Brigham 18 McCown. 19 20 PLANNING AND ZONING COMMISSION ABSENT: Commissioner Michael Springer. 21 22 STAFF PRESENT: Shana Yelverton, City Manager; Ken Baker, Director of Planning & Development 23 Services; Dennis Killough, Deputy Director of Planning & Development Services; Clayton Comstock, 24 Planner II; Daniel Cortez, Planner I; Lorrie Fletcher, Planner I; David Barnes, Fire Marshal; E. Allen 25 Taylor, City Attorney; Bryn Meredith, City Attorney; Stephanie Breitbarth, Administrative Secretary; 26 and, Tara Brooks, Interim City Secretary. 27 28 Work Session Item No. 1 - CaII to Order: Mayor Terrell called the meeting to order at 5:51 p.m. 29 30 Work Session Item No. 2 - Town Square Garden District Proposed Residential Zoning 31 Change and Concept Plan Submittal: Director Baker presented this item to Council and the 32 Commission. 33 34 Frank Bliss, Applicant with Cooper & Stebbins, 1008 Quail Run, Southlake, TX; was present and 35 made a presentation and responded to questions from Council and the Commission. 36 37 Mayor Terrell announced that City Council and the Planning and Zoning Commission would be 38 going into Executive Session pursuant to the Texas Government Code, Section 551.071, 39 consultation with the city attorney and adjourned the Joint Work Session at 6:53 p.m. 40 41 Chairman Faglie left the meeting at 6:53 p.m. 42 43 Mayor Terrell reconvened the Joint Work Session at 7:43 p.m. and asked if any action was 44 necessary from Executive Session. No action was necessary. 45 46 Work Session Item 3 — Adjournment: Mayor Terrell adjourned the work session at 7:43 p.m. 47 48 REGULAR SESSION: 49 50 COMMISSIONERS PRESENT: Vice - Chairman Hudson and Commissioners Michael Springer, Joe Planning and Zoning Commission Meeting Minutes — February 3, 2011 Page 1 of 8 51 Lancor, Brigham McCown and Commissioner Hamel. 52 53 COMMISSIONERS ABSENT: Chairman Faglie 54 55 STAFF PRESENT: Ken Baker, Director of Planning & Development Services; Lorrie Fletcher, 56 Planner I; Daniel Cortez, Planner I; David Barnes, Fire Marshall; Cheryl Taylor, Civil Engineer; 57 Michelle McCullough, Civil Engineer; Bryn Meredith, City Attorney and Stephanie Breitbarth, 58 Commission Secretary. 59 60 Agenda Item No. 1 — Call to Order: Vice - Chairman Hudson called the regular meeting to order at 61 7:53 p.m. 62 63 Agenda Item No. 3 - Approval of Minutes: Vice - Chairman Hudson opened discussion of the 64 minutes of the Planning and Zoning Commission meeting held on January 20, 2011. 65 66 Made a motion to approve the minutes of the Planning and Zoning Commission meeting held on 67 January 20, 2011. 68 69 Motion: Lancor 70 Second: Springer 71 Ayes: McCown, Lancor, Springer, Hudson 72 Nays: None 73 Abstain: Hamel 74 Approved: 4-0-1 75 Motion: Approved 76 77 Agenda Item No. 4 —Administrative Comments: Ken Baker, Director of Planning & Development 78 Services, stated there were no Administrative Comments at this time. 79 80 Vice - Chairman Hudson moved item 9, ZA10 -072, Plat Revision for Lot 2R, Block 3, Wingate Hill 81 Addition and item 10, ZA11 -001, Revised Site Plan for Toys "R" Us / Babies "R" Us up on the 82 agenda. 83 84 Agenda Item No. 9 - ZA10 -072, Plat Revision for Lot 2R, Block 3, Wingate Hill Addition: Daniel 85 Cortez, Planner I, presented this item to the Commission for a Plat Revision for Lot 2R, Block 3, 86 Wingate Hill Addition, being a revision of Lot 2, Block 3, Wingate Hill Addition, an addition to the City 87 of Southlake, Tarrant County, Texas and being currently addressed at 101 Welford Lane, 88 Southlake, Texas. The Current Zoning is SF- 1A— Single Family Residential. SPIN Neighborhood # 89 1.The Owner is David Taunton. The Applicant is Mike Nantz. 90 91 Mike Nantz, 1400 Gateway Drive, Denton, TX; was present and made a presentation to and 92 responded to Commissions questions. 93 94 Vice - Chairman Hudson opened the public hearing. 95 96 No one from the audience came forward to speak. 97 98 Vice - Chairman Hudson closed the public hearing and called for further discussion. No further 99 discussion took place. 100 101 Made a motion to approve ZA10 -072, Plat Revision for Lot 2R, Block 3, Wingate Hill Addition, Planning and Zoning Commission Meeting Minutes — February 3, 2011 Page 2 of 8 102 subject to Plat Review Summary No. 1 dated December 9, 2010. 103 104 Motion: Lancor 105 Second: Springer 106 Ayes: Hamel, McCown, Lancor, Springer, Hudson 107 Nays: None 108 Abstain: None 109 Approved: 5-0 110 Motion: Approved 111 112 Agenda Item No. 10 - ZA11 -001, Revised Site Plan for Toys "R" Us / Babies "R" Us: Daniel 113 Cortez, Planner I, presented this item to the Commission for a Revised Site Plan for Toys "R" Us / 114 Babies "R" Us to Include a Request for a Variance to the Masonry Ordinance No. 557 -A, as 115 amended, on property being described as Lot 2A, Block 1, Farrar Addition (also known as Southlake 116 Corners), Southlake, Tarrant County, Texas and being located at 250 North Kimball Avenue, 117 Southlake, Texas. The current zoning is C -3 - General Commercial Zoning District. SPIN 118 Neighborhood # 8. The Owner is Inland W Southlake Corners, Ltd. The Applicant is Casco Corp., 119 Patrick Moore. 120 121 Jason Kessel, Inland Southwest Management LLC, 5741 Legacy Drive, Suite 315, Plano, TX; was 122 present and made a presentation to and responded to Commissions questions. 123 124 Patrick Moore, Casco Corp., 10877 Watson Road, St. Louis, MO; was present and made a 125 presentation to and responded to Commissions questions. 126 127 JR Valentine, Toy's `R" Us, 1901 SW Columbus Road, Bentonville, AR; was present and made 128 a presentation to and responded to Commissions questions. 129 130 Vice - Chairman Hudson call for an Executive Session Pursuant to the Open Meetings Act, Chapter 131 551, Texas Government Code, Sections 551.071 and 418.106(d) & (e), consultation with the City 132 Attorney at 8:28 p.m. 133 134 Vice - Chairman Hudson reconvened from Executive Session at 8:39 p.m. and asked if any action 135 was necessary from Executive Session. No action was necessary. 136 137 Vice - Chairman Hudson opened the public hearing. 138 139 No one from the audience came forward to speak. 140 141 Vice- Chairman Hudson closed the public hearing and called for further discussion. Commissioner's 142 discussed the need for the elevation changes and how this change will affect the remainder of the 143 shopping center and asked the applicant to provide a rendering of the entire shopping center with 144 these changes; Commissioner's inquired about the proposed color and what options may be 145 available other than white; Commissioner's inquired about screening options for the mechanical 146 equipment in the roof; and, Commissioner's inquired about the need for the variance. 147 148 Motion to approve ZA11 -001, Revised Site Plan for Toys "R" Us / Babies "R" Us, subject to the 149 mechanical equipment being screened as noted per the staff report and the Zoning Ordinance, the 150 applicant provide a color scheme for the white to be a shade which is not stark, a line of sight 151 analysis and a rendering or exhibit showing the entire elevation of the building be provided by the 152 City Council meeting. Planning and Zoning Commission Meeting Minutes - February 3, 2011 Page 3 of 8 153 154 Motion: Lancor 155 Second: None 156 Motion: Failed Due to Lack of Second 157 158 Made a motion to deny ZA11 -001, Revised Site Plan for Toys "R" Us / Babies "R" Us. 159 160 Motion: McCown 161 Second: Springer 162 Ayes: Hamel, McCown, Springer 163 Nays: Lancor, Hudson 164 Abstain: None 165 Approved: 3-2 166 Motion: To Deny Approved 167 168 Vice - Chairman Hudson call for an Executive Session Pursuant to the Open Meetings Act, Chapter 169 551, Texas Government Code, Sections 551.071 and 418.106(d) & (e), consultation with the City 170 Attorney at 8:46 p.m. 171 172 Vice - Chairman Hudson reconvened from Executive Session at 9:25 p.m. and asked if any action 173 was necessary from Executive Session. No action was necessary. 174 175 Vice - Chairman Hudson continued the meeting noting that the Commission will consider the 176 variances associated with GAS10 -001 at the request of City Council in order to provide only a 177 recommendation to City Council. In addition, in order to speak or have your comments entered into 178 the public record, a Public Comment card must be submitted and this card must be signed. 179 Additionally, public comment will be limited to three (3) minutes per person. 180 181 Agenda Item No. 5 - GAS10 -001, Specific Use Permit for Gas and Oil Well Drilling and 182 Production: Lorrie Fletcher, Planner I, presented this item to the Commission for a Specific Use 183 Permit for Gas and Oil Well Drilling and Production on property being described as Tract 1A, H. 184 Decker Survey, Abstract No. 438, Southlake, Tarrant County, Texas and being located at 1719 East 185 Continental Boulevard, Southlake, Texas. The Current Zoning is AG - Agricultural Zoning District. 186 SPIN Neighborhood # 8. The Owner is Joe L. Wright. The Applicant is XTO Energy Inc. 187 188 Agenda Item No. 6 - GAS10 - 002, Variances to Ordinance No. 880 - A, Gas and Oil Well Permit 189 Drilling and Production Ordinance for Gas Well Permit(s): Lorrie Fletcher, Planner I, presented 190 this item to the Commission for GAS10 -002, Variances to Ordinance No. 880 -A, Gas and Oil Well 191 Permit Drilling and Production Ordinance for gas well permit(s) associated with gas and oil well 192 drilling and production on property being located at 1719 East Continental Boulevard on property 193 being described as a portion of Tract 1A, H. Decker Survey, Abstract No. 438. Current Zoning: AG 194 Agricultural District. SPIN Neighborhood #8. The Owner is Joe L. Wright. The Applicant is XTO 195 Energy Inc. 196 197 Agenda Item No. 5 - GAS10 -003, Variances to Ordinance No. 880 -A, Gas and Oil Well Permit 198 Drilling and Production Ordinance fora Pipeline Permit(s): Lorrie Fletcher, Planner I, presented 199 this item to the Commission for Variances to Ordinance No. 880 -A, Gas and Oil Well Permit Drilling 200 and Production Ordinance for a pipeline permit associated with gas and oil well drilling and 201 production on property being located at 1719 East Continental Boulevard on property being 202 described as a portion of Tract 1A, H. Decker Survey, Abstract No. 438. Current Zoning: AG 203 Agricultural District. SPIN Neighborhood #8. The Owner is Joe L. Wright. The Applicant is Energy Planning and Zoning Commission Meeting Minutes — February 3, 2011 Page 4 of 8 204 Transfer. 205 206 Agenda Item No. 6 - Variance to Noise Ordinance No. 778: Lorrie Fletcher, Planner I, presented 207 this item to the Commission for a Variance to Noise Ordinance No. 778, as amended, for Energy 208 Transfer to install a pipeline for the transportation of natural gas; identified as Segments 1 and 2. 209 The Owner is Joe L. Wright. The Applicant is Energy Transfer. 210 211 Walter Dueease, XTO, 810 Houston Street, Fort Worth, TX; was present and made a presentation 212 to and was available for questions from the Commission. 213 214 Anthony Welty, Energy Transfer, 800 East Sonterra Boulevard, Suite 400, San Antonio, 7X; was 215 present and spoke on this item and was available to respond to questions from the Commission. 216 217 Cheryl Taylor, City of Southlake Civil Engineer, 1400 Main Street, Suite 320, Southlake, TX; was 218 present and responded to the Commission's concerns regarding the proposed pipeline alignment 219 and the impact this may have of F.M. 1938 (Davis Boulevard) expansion. 220 221 Michelle McCullough, City of Southlake Civil Engineer, 1400 Main Street, Suite 320, Southlake, TX; 222 was present and responded to the Commission's concerns regarding current waterline placement 223 and the impact that the proposed pipeline may pose on existing city utilities'. 224 225 Vice - Chairman Hudson opened the public hearing and read the following public comment cards into 226 the record: 227 228 Stacey Bott, 1604 Ponderosa Way, Southlake, TX; Submitted a Public Comment card stating they 229 did not wish to speak but wanted to record their opposition. 230 231 Diane Harris, 1025 Mission, Southlake, TX; Submitted a Public Comment card stating they did not 232 wish to speak but wanted to record their opposition. 233 234 Matt Wilsman, 1604 Ponderosa Way, Southlake, TX; Submitted a Public Comment card stating they 235 did not wish to speak but wanted to record their opposition. 236 237 John Van Son, 675 Southview Trail, Southlake, TX; Submitted a Public Comment card stating they 238 did not wish to speak but wanted to record their support. 239 240 Frank Bliss, 1008 Quail Run Road, Southlake, TX; Submitted a Public Comment card stating they 241 did not wish to speak but wanted to record their support. 242 243 Christian and Paulina Twamley, 915 Westminster Way, Southlake, TX; Submitted a Notification 244 Response Form stating their support. 245 246 Clarence Mason, 914 Westminster Way, Southlake, TX; Submitted a Notification Response Form 247 stating their support. 248 249 Kari and Vaana Ahonen, 1010 Pine Meadow Court, Southlake, TX; Submitted a Notification 250 Response Form stating their support. 251 252 Mary L. Cooke and David A. Straercke, 1011 Pine Meadow Court, Southlake, TX; Submitted a 253 Notification Response Form stating their support. 254 Planning and Zoning Commission Meeting Minutes — February 3, 2011 Page 5 of 8 • 255 Herb Brown, 1013 Pine Meadow Court, Southlake, TX; Submitted a Notification Response Form 256 stating their support. 257 258 Robert Stiller. 218 Bob 0 Link Drive, Southlake, TX; was present and spoke in opposition to this 259 item and expressed concern over pipeline placement. 260 261 Steve Linehan, 220 Timber Line Lane, Southlake, TX; was present and spoke in opposition to this 262 item and expressed concern over pipeline placement. 263 264 John McFadden 2409 Johnson Road, Southlake, TX; was present and spoke in opposition to this 265 item and expressed concern over pipeline placement. 266 267 Robert L. Garner, 225 Timberline Lane, Southlake, TX; was present and spoke in opposition to this 268 item and expressed concern over pipeline placement. 269 270 Molly Bullard, 240 Timberline Lane, Southlake, TX; was present and spoke in opposition to this 271 item and expressed concern over losing trees along Johnson Road due to pipeline placement. 272 273 Steve Linehan, 220 Timber Line Lane, Southlake, TX; was present and spoke in opposition to this 274 item and expressed concern over pipeline placement. 275 276 Matt Cleaves, 909 Parkview Lane, Southlake, TX; was present and spoke in opposition to this item 277 and expressed concern over condensation tanks, venting and pipeline placement. 278 279 David Adams, 165 Creekway Bend, Southlake, TX; was present and spoke in opposition to this 280 item and expressed concern over the pressure in the pipeline, lack of odor in the gas making it 281 harder to detect a leak and this site being too close to NuStar Gas. 282 283 Joe Wright, 1680 Brumlow Avenue (Property Owner for 1719 East Continental Boulevard), 284 Southlake, TX; was present and spoke in support to this item yet agreed with those in opposition 285 that the pipeline alignment should be reconsidered. 286 287 Mustafa Firoz, 567 Randol Mill Avenue, Southlake, TX; was present and spoke in opposition to this 288 item and expressed concern over pipeline placement. 289 290 Vice - Chairman Hudson called for further speakers; no one further came forward to speak on these 291 items. 292 293 Vice - Chairman Hudson closed the public hearing and considered further discussion from the 294 Commission and called the applicant back up to address issues raised during the public hearing. 295 296 Anthony Welty, Energy Transfer, 800 East Sonterra Boulevard, Suite 400, San Antonio, TX; was 297 present and spoke on this item and was available to respond to questions from the Commission. 298 299 Walter Dueease, XTO, 810 Houston Street, Fort Worth, TX; was present and made a presentation 300 to and was available for questions from the Commission. 301 302 Vice - Chairman Hudson called for a break at 11:43 p.m. 303 304 Vice - Chairman Hudson reconvened from the break at 12:06 a.m. and continued with discussion 305 from the Commission. Planning and Zoning Commission Meeting Minutes — February 3, 2011 Page 6 of 8 306 307 Made a motion to deny GAS10 -001, Specific Use Permit for Gas and Oil Well Drilling and 308 Production on property being described as Tract 1A, H. Decker Survey, Abstract No. 438, 309 Southlake, Tarrant County, Texas and being located at 1719 East Continental Boulevard, 310 Southlake, Texas. 311 312 Motion: Lancor 313 Second: Springer 314 Ayes: Hamel, McCown, Lancor, Springer 315 Nays: Hudson 316 Abstain: None 317 Approved: -1 318 Motion: To Deny Approved 319 320 Made a motion to deny GAS10 -002, Variances to Ordinance No. 880 -A, Gas and Oil Well Permit 321 Drilling and Production Ordinance for gas well permit(s) associated with gas and oil well drilling and 322 production on property being located at 1719 East Continental Boulevard on property being 323 described as a portion of Tract 1A, H. Decker Survey, Abstract No. 438. Current Zoning: AG 324 Agricultural District. SPIN Neighborhood #8. 325 326 Motion: Lancor 327 Second: Springer 328 Ayes: Hamel, McCown, Lancor, Springer 329 Nays: Hudson 330 Abstain: None 331 Approved: 4-1 332 Motion: To Deny Approved 333 334 Made a motion to deny GAS10 -003, Variances to Ordinance No. 880 -A, Gas and Oil Well Permit 335 Drilling and Production Ordinance for a pipeline permit associated with gas and oil well drilling and 336 production on property being located at 1719 East Continental Boulevard on property being 337 described as a portion of Tract 1A, H. Decker Survey, Abstract No. 438. Current Zoning: AG 338 Agricultural District. SPIN Neighborhood #8. 339 340 Motion: Lancor 341 Second: Springer 342 Ayes: Hamel, McCown, Lancor, Springer, Hudson 343 Nays: None 344 Abstain: None 345 Approved: 5-0 346 Motion: To Deny Approved 347 348 Made a motion to deny Variance to Noise Ordinance No. 778, as amended, for Energy Transfer to 349 install a pipeline for the transportation of natural gas; identified as Segments 1 and 2. 350 351 Motion: Lancor 352 Second: None 353 Motion: Failed Due to Lack of Second 354 355 Made a motion to approve Variance to Noise Ordinance No. 778, as amended, for Energy Transfer Planning and Zoning Commission Meeting Minutes — February 3, 2011 Page 7 of 8 356 to install a pipeline for the transportation of natural gas; identified as Segments 1 and 2. 357 358 Motion: Hamel 359 Second: McCown 360 Ayes: Hamel, McCown, Hudson 361 Nays: Lancor, Springer 362 Abstain: None 363 Approved: 3-2 364 Motion: Approved 365 366 Agenda Item No. 11 - Meeting Adjournment: Vice - Chairman Hudson adjourned the meeting at 367 12:14 a.m. on February 4, 2011. 368 369 370 371 372 , 373 Robert u ~ son 374 Vice - Chairman 375 ATTEST: 376 377 378 I Ah 379 ' ��� /./ ,� S� !: �. _ IP, 380 Stephanie J. Breitbant 381 Secretary Planning and Zoning Commission Meeting Minutes — February 3, 2011 Page 8 of 8 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF TARRANT § Co plow s n I, D rr•e Fgq`i t. as a member of thectInin £ Z n (Aq of the City of Southlake, make this affidavit and hereby on oath state the following: I, my spoe, and/or person or persons related to me within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and/or City of Southlake Ordinance No. 635 and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: I-4-en 5 — 8 COMPLETE (A) or (B): (A) The business entity is v1/4)TZI(-I —i Co/vs—J.— (name); or (B) The real property is located at: I have a substantial interest because I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above - referenced agenda item: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500. Other: Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above - referenced agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed or as soon as practicable once I realized a potential conflict exists. f� Signed this 0 day of u Q�� � , 20 11 • 4. \"..A/4.4 / Signature of Official The State of Texas § County of Tarrant § (� 1 B efore me, Stehanle J. ?Drect r4) , on this day personally appeared Dj re I I • � i - known to me (or proved to me on the oath of (I / or through • .a , • .i. (description of identity card or other document) to be the person whose name is subscribed to the oregoing i strument and, after first being by me duly sworn, stated that the statements made in this affidavit are within his personal knowledge and are true and correct. Given under my hand and seal of office this 3 day of FebrMa r , 11fJ ( ( (SEAL) '1111 / gib ►f_ !. & Nota Public i A an for the State of Texas * IMPOWIlf J. 11111061111101 �'�# w I Joint CC /PZ Work Session and PZ Regular Session - Unofficial FSouthlake Council Chambers Time Speaker Note 5:51:39 PM Mayor called meeting to order Terrell 5:51:57 PM Ken Baker Introduced the Town Square Garden district proposal. 5 :55:09 PM Frank Bliss 1008 Quail Run Road, Southlake, TX; presented the Town Square Garden district proposal. 6:14:27 PM Councilme Asked about architecture design. mber Morris 6:15:54 PM Councilme Asked about who will keep the trail and park upkeep; will it be part of mber Muller current HOA 6:16:56 PM Councilme Asked about the common areas will be for public uses; asked about mber garages and traffic flow Bledsoe 6:19:04 PM Councilme Asked for sample pictures of ramps and parking garages mber Muller 6:19:24 PM Councilme Asked if garage will be gated mber Zito 6:20:50 PM Councilme Asked about ramp design and conflict with current driveways at the mber Muller Brownstones; asked about the alley; asked about landscape; sf issues; difference between 1500 and 2000 sf demand 6 :26:18 PM Councilme Asked about the number of residences in ea building; how many 1500 mber Wang sf residences 6:29:05 PM Mayor Asked if it is ok to limit 1500 sf to a percentage of the development Terrell 6:30:16 PM Councilme Concerned about the 1500 sf size mber Morris 6:31:09 PM Councilme Asked about front yards at the brownstones; gas line location mber Muller 6:33:31 PM Mayor Asked about market conditions Terrell 6 :37:07 PM Mayor Asked about proposed phasing and common areas Terrell 6:40:03 PM Councilme Asked about versility about homes, more than just 1 floor? market on mber Zito the Ritz development; estimate of project completion time 6:43:39 PM Councilme Asked about the finish out of the inside? mber Morris 2/3/2011 1 of 7 Joint CC/PZ Work Session and PZ Regular Session - Unofficial fSouthlake Council Chambers Time Speaker Note 6:45:09 PM Councilme Asked about the detention pond area 0b8rMuUSr 6:47:44 PM Commissio Asked about pipeline along east side of property; location of buildings ner 9 and 1O McCown 6:49:53 PM Councilme Asked about financing? mU8r Morris 6:50:40 PM Councilme Asked about current zoning and plan; common goal. mber Bledsoe 6:53:01 PM Mayor Called for Executive Session pursuant to the Texas Government Code, Terrell Section 551.071, consultation with the city attorney and adjourned the Joint Work Session. 7:43:51 PM Mayor Reconviened the meeting; No action was necessairy from the Terrell Executive Session. 7:43:57 PM Mayor Closed the joint meeting; Chairman Faglie left the meeting at 6:53 p.m. Terrell 7:53:17 PM Vice- Opened the regular Planning & Zoning Commission Meeting. Chairman Hudson 7:53:31 PM Vice- Consider the minutes from the January 20, 2011 Planning & Zoning Chairman Commission meeting. Hudson 7:54:20 PM Commissio Made a motion to approve the minutes of the January 20, 2011 ner Lancor Planning & Zoning Commission meeting; Commissioner Springer 2nd the motion; Approved 4-0-1. 7:54:23 PM Vice- Called for an Administrative Comments; Ken Baker, Director of Chairman Planning & Development Services, stated that there are no Hudson Administrative Comments at this time. 7:54:27 PM Vice- Moved items 9 & 10 up on the agenda. Chairman Hudson 7:54:36 PM Vice- CODSid8rZA1U'O72, Plat Revision for Lot 2R, Block 3, Wingate Hill Chairman Addition; Daniel Cortez, Planner!, presented this item to the Hudson Commissioner 7:56:54 PM Vice- Called for the Applicant. Chairman Hudson 7:57:06 PM Mike Nantz 1400 Gateway Drive, Denton, T){; was present and made a presentation to and responded to Commissions questions. 8:00:42 PM Vice- Opened the Public Hearing Chairman Hudson ' - - - '' 2/3/2011 2 of 7 Joint CC /PZ Work Session and PZ Regular Session - Unofficial PSouthlake Council Chambers Time Speaker Note 8:00:52 PM Vice- No one came forward to speak on this item; Closed the Public Chairman Hearing. Hudson 8:00:55 PM Vice- Consider further discussion from the Commission; No further Chairman discussion took place. Hudson 8 :01:28 PM Commissio Made a motion to approve ZA10 -072, Plat Revision for Lot 2R, Block ner Lancor 3, Wingate Hill Addition, subject to Plat Review Summary No. 1 dated December 9, 2010; Commissioner Springer 2nd the motion; Approved 5 -0. 8:02:15 PM Vice- Consider ZA11 -001, Revised Site Plan for Toys "R" Us / Babies "R" Chairman Us; Daniel Cortez, Planner I, presented this item to the Commission. Hudson 8:06:40 PM Vice- Called for the Applicant. Chairman Hudson 8:06:50 PM Jason Inland Southwest Management LLC, 5741 Legacy Drive, Suite 315, Kessel Plano, TX; was present and made a presentation to and responded to Commissions questions. 8:07 :05 PM Patrick Casco Corp., 10877 Watson Road, St. Louis, MO; was present and Moore made a presentation to and responded to Commissions questions. 8:07:24 PM JR Toy's "R" Us, 1901 SW Columbus Road, Bentonville, AR; was present Valentine and made a presentation to and responded to Commissions questions. 8:07:40 PM Patrick Casco Corp., 10877 Watson Road, St. Louis, MO; spoke about the Moore changes to the front and side warns; lancor, asked about screening criteria; mr moore responded that screening comes from the side wall element; hudon, asked for site line study; Commissioner McCown; why asking for the variance; Mr Moore, because of the changes in elevation; asked about using choosing a more earth tone color in the main 8:13:46 PM Jason Inland Southwest Management LLC, 5741 Legacy Drive, Suite 315, Kessel Plano, TX; prototype store, tied to lease 8:14:51 PM Patrick Casco Corp., 10877 Watson Road, St. Louis, MO; new prototype that Moore is why the color is white; Springer asked about screening, Mr moore stated they can chage the side wall elevation and proposed a step in the side wall; Lancor; issues with the intensity of the white and the screening of the roof elements, Hudson agreed wants conformity with the remainder of the building - wants to have the cornice stay across the building 8:21:06 PM Jason Inland Southwest Management LLC, 5741 Legacy Drive, Suite 315, Kessel Plano, TX; additional stores coming next to tru /bru and the changes will be in line with the building next to it. kessell spoke to rebuilding this center and this is the key to getting tenants back into the center 2/3/2011 3 of 7 Joint CC /PZ Work Session and PZ Regular Session - Unofficial PSouthlake Council Chambers Time Speaker Note 8:24:30 PM Patrick Casco Corp., 10877 Watson Road, St. Louis, MO; will do a site line Moore analysis; color will have to be addressed with toys r us - commission wants a more earth tone color 8:26:23 PM Jason Inland Southwest Management LLC, 5741 Legacy Drive, Suite 315, Kessel Plano, TX; wants to move forward and wants recomendations from the commission; 8 :28:58 PM Vice- Called for an Executive Session Pursuant to the Open Meetings Act, Chairman Chapter 551, Texas Government Code, Sections 551.071 and 418.106 Hudson (d) & (e), consultation with the City Attorney 8:39:35 PM Vice- Reconvened from Executive Session at 8:39 p.m. and asked if any Chairman action was necessary from Executive Session. No action was Hudson necessary. 8:39:50 PM Vice- Opened the Public Hearing Chairman Hudson 8:39:54 PM Vice- No one came forward to speak on this item; Closed the Public Chairman Hearing. Hudson 8:39:58 PM Vice- Consider further discussion from the Commission; Comission Chairman discussed issues with elevations, color and screening. needs clarity in Hudson justification for variance request. 8:43:46 PM Vice- Consider a motion. Commissioner Lancor made a motion to approve Chairman ZA11 -001, Revised Site Plan for Toys "R" Us / Babies "R" Us, subject Hudson to the mechanical equipment being screened as noted per the staff report and the Zoning Ordinance, the applicant provide a color scheme for the white to be a shade which is not stark, a line of sight analysis and a rendering or exhibit showing the entire elevation of the building be provided by the City Council meeting; motion failed due to lack of a 2nd. Commissioner McCown made a made a motion to deny ZA11- 001, Revised Site Plan for Toys "R" Us / Babies "R" Us; Commissioner Springer 2nd the motion; Approved 3 -2 (Lancor /Hudson). 8 :46:05 PM Vice- Called for an Executive Session Pursuant to the Open Meetings Act, Chairman Chapter 551, Texas Government Code, Sections 551.071 and 418.106 Hudson (d) & (e), consultation with the City Attorney. 9:25:14 PM Vice- Reconvened from Executive Session at 8:39 p.m. and asked if any Chairman action was necessary from Executive Session. No action was Hudson necessary. 2/3/2011 4 of 7 Joint CC /PZ Work Session and PZ Regular Session - Unofficial FSouthlake Council Chambers Time Speaker Note 9:25:20 PM Vice- Consider GAS10 -001, Specific Use Permit for Gas and Oil Well Chairman Drilling and Production, GAS10 -002, Variances to Ordinance No. 880 - Hudson A, Gas and Oil Well Permit Drilling and Production Ordinance for Gas Well Permit(s), GAS10 -003, Variances to Ordinance No. 880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for a Pipeline Permit(s) and Variance to Noise Ordinance No. 778; Lorrie Fletcher, Planner I, presented this item to the Commission. 9:33:12 PM Vice- Called for the Applicant. Chairman Hudson 9:33:17 PM Walter XTO, 810 Houston Street, Fort Worth, TX; was present and made a Dueease presentation to and was available for questions from the Commission. Vice - Chairman Hudson asked about waivers, yes, waivers have been obtained and have been submitted to staff; 9:49:03 PM Anthony Energy Transfer, 800 East Sonterra Boulevard, Suite 400, San Welty Antonio, TX; was present and spoke on this item and was available to respond to questions from the Commission; Commissioners discussed pipeline 2 - alignment, pipeline pressure; asked about 8' requirement; asked about tree's and creek interferance. Discussed pipeline 1 - discussed location near homes 10:33:46 PM Cheryl Civil Engineer; Respoded to Commissioner McCowns concerns over Taylor impact to city utilities with fm 1938 expansion; 1938 is still under development; 10:35:37 PM Michelle Civil Engineer; Responded to Pearson waterlines and sewer lines are McCullough congested in. 10:37:15 PM Vice- Opened the Public Hearing Chairman Hudson 10:37:17 PM Vice- Read Public Comment Cards Chairman Hudson 10:38 :39 PM Stacey Bott 1604 Ponderosa Way, Southlake, TX; Submitted a Public Comment card stating they did not wish to speak but wanted to record their opposition. 10:38:40 PM Diane 1025 Mission, Southlake, TX; Submitted a Public Comment card Harris stating they did not wish to speak but wanted to record their opposition. 10:38:41 PM Matt 1604 Ponderosa Way, Southlake, TX; Submitted a Public Comment Wilsman card stating they did not wish to speak but wanted to record their opposition. 10:38:41 PM John Van 675 Southview Trail, Southlake, TX; Submitted a Public Comment card Son stating they did not wish to speak but wanted to record their support. 2/3/2011 5 of 7 Joint CC /PZ Work Session and PZ Regular Session - Unofficial rSouthlake Council Chambers Time Speaker Note 10:38:42 PM Frank Bliss 1008 Quail Run Road, Southlake, TX; Submitted a Public Comment card stating they did not wish to speak but wanted to record their support. 10 :38:49 PM Christian 915 Westminster Way, Southlake, TX; Submitted a Notification and Paulina Response Form stating their support. Twamley 10:39:08 PM Clarence 914 Westminster Way, Southlake, TX; Submitted a Notification Mason Response Form stating their support. 10:39 :40 PM Kari and 1010 Pine Meadow Court, Southlake, TX; Submitted a Notification Jaana Response Form stating their support. Ahonen 10:39:41 PM Mary L. 1011 Pine Meadow Court, Southlake, TX; Submitted a Notification Cooke and Response Form stating their support. David A. Straercke 10:39 :43 PM Herb Brown 1013 Pine Meadow Court, Southlake, TX; Submitted a Notification ' Response Form stating their support. 10:39:45 PM Scribner Error 10:40:09 PM Scribner Error 10:40:17 PM Scribner Error 10:40:19 PM Scribner Error 10:40:43 PM Robert 218 Bob 0 Link Drive, Southlake, TX; was present and spoke in Stiller opposition to this item and expressed concern over pipeline placement. 10:41:27 PM Scribner Error 10 :44:52 PM Steve 220 Timber Line Lane, Southlake, TX; was present and spoke in Linehan opposition to this item and expressed concern over pipeline placement. 10:50:06 PM John 2409 Johnson Road, Southlake, TX; was present and spoke in Mcfadden opposition to this item and expressed concern over pipeline placement. 10:55 :32 PM Robert L. 225 Timberline Lane, Southlake, TX; was present and spoke in Garner opposition to this item and expressed concern over pipeline placement. 10:57 :36 PM Molly 240 Timberline Lane, Southlake, TX; was present and spoke in Bullard opposition to this item and expressed concern over losing trees along Johnson Road due to pipeline placement. 11:01:12 PM Steve 220 Timber Line Lane, Southlake, TX; was present and spoke in Linehan opposition to this item and expressed concern over pipeline placement. (Submitted a presentation) 2/3/2011 6 of 7 Joint CC /PZ Work Session and PZ Regular Session - Unofficial FSouthlake Council Chambers Time Speaker Note 11:05:43 PM Matt 909 Parkview Lane, Southlake, TX; was present and spoke in Cleaves opposition to this item and expressed concern over condensation tanks, venting and pipeline placement. 11:09:52 PM David 165 Creekway Bend, Southlake, TX; was present and spoke in Adams opposition to this item and expressed concern over the pressure in the pipeline, lack of odor in the gas making it harder to detect a leak and this site being too close to NuStar Gas. 11:12:49 PM Joe Wright 1680 Brumlow Avenue (Property Owner for 1719 East Continental Boulevard), Southlake, TX; was present and spoke in support to this item yet agreed with those in opposition that the pipeline alignment should be reconsidered. 11:16 :28 PM Mustafa 567 Randol Mill Avenue, Southlake, TX; was present and spoke in Firoz opposition to this item and expressed concern over pipeline placement. 11:17:24 PM Vice- No one further came forward to speak on this item; Closed the Public Chairman Hearing. Hudson 11:17:29 PM Vice- Consider further discussion from the Commission and called for the Chairman Applicant. Hudson 11:17:47 PM Anthony Energy Transfer, 800 East Sonterra Boulevard, Suite 400, San Whelty Antonio, TX; Responded to questions brought up during the public hearing; condensate, XTO is not allowed to put any liquid into the line - pressure sensors are placed and monitored - condensate tanks (storage take) <deffering to XTO. Routing and destruction of trees; Energy transfer will mitigate any trees impacted 11:24 :35 PM Walter XTO, 810 Houston Street, Fort Worth, TX; Responded to condensate Dueasse tank; gas from B.Shale is dry - taks on site are for produced water; compressor facility in Keller, mr duease clarified the difference between a gas lift compresoor at a well head and a comprssor station which moves gas through the pipelines; no odor in gas, mr dueasse state that was correct and it is because it is for detection in confined spaces; nustar flaring issues, has to do with concentration of gas near flare site, this gas is lite and does not collect near the ground; kill fluid added to prevent venting during drill head instalation; lancor asked about noise mitigation; Mr. Duease brought samples of buffering material for sound wall; 11:43 :58 PM Vice- Called for a break. Chairman Hudson 2/3/2011 7 of 7 P &Z - Unofficial notes Southlake Council Chambers Time Speaker Note 12:06:10 AM Vice- Reconvened from the break. Chairman • Hudson 12:06 :16 AM Vice- Consider further discussion from the Commmission; Discussion Chairman continued. Hudson 12:09 :28 AM Commissio Made a motion to deny GAS10 -001, Specific Use Permit for Gas and ner Lancor Oil Well Drilling and Production on property being described as Tract 1A, H. Decker Survey, Abstract No. 438, Southlake, Tarrant County, Texas and being located at 1719 East Continental Boulevard, Southlake, Texas; Commissioner Springer 2nd the motion; Approved 4 -1. 12:10:40 AM Commissio Made a motion to deny GAS10 -002, Variances to Ordinance No. 880 - ner Lancor A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s) associated with gas and oil well drilling and production on property being located at 1719 East Continental Boulevard on property being described as a portion of Tract 1A, H. Decker Survey, Abstract No. 438. Current Zoning: AG Agricultural District. SPIN Neighborhood #8; Commissioner Springer 2nd the motion; Approved 4 -1 12:11:12 AM Commissio Made a motion to deny GAS10 -003, Variances to Ordinance No. 880 - ner Lancor A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit associated with gas and oil well drilling and production . on property being located at 1719 East Continental Boulevard on property being described as a portion of Tract 1A, H. Decker Survey, Abstract No. 438. Current Zoning: AG Agricultural District. SPIN Neighborhood #8; Commissioner Springer 2nd the motionl; Approved 5 -0. 12:11:46 AM Commissio Made a motion to deny Variance to Noise Ordinance No. 778, as ner Lancor amended, for Energy Transfer to install a pipeline for the transportation of natural gas; identified as Segments 1 and 2; Motion Failed Due to Lack of Second. 12:13 :55 AM Commissio Made a motion to approve Variance to Noise Ordinance No. 778, as ner Hamel amended, for Energy Transfer to install a pipeline for the transportation of natural gas; identified as Segments 1 and 2; Commissioner McCown 2nd the motion; Approved 3 -2 (Lancor /Springer). 12:14:02 AM Vice- Adjourned the meeting. Chairman • Hudson • 2/4/2011 1 of 1 1 CI TY OF S OUTHLAKE TEXAS PLANNING AND ZONING COMMISSION MEETING: FEBRUARY 3, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 Work Session - Executive Conference Room, Suite 268 of City Hall Or City Council Chambers of City Hall Regular Session - City Council Chambers of City Hall JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORK SESSION: 5:30 P.M. 1. Call to Order. 2. Discussion of Town Square Garden District Residential Zoning and Concept Plan Submittal. 3. Adjournment. PLANNING AND ZONING COMMISSION WORK SESSION: 6:00 P.M. or immediately following the joint City Council and Planning and Zoning Commission work session. 1. Call to Order. 2. Discussion of all items on tonight's meeting agenda. 3. Adjournment. REGULAR SESSION: 6:30 P.M. or immediately following the Planning and Zoning Commission work session. 1. Call to Order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071 and 418.106(d) & (e). 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 subject matter of this Planning and Zoning Commission meeting. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding gas well drilling and production activities and proposals. b. Seek advice of the city attorney regarding pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit applications. c. Seek advice of the city attorney regarding items listed on this agenda. City of Southlake Planning & Zoning Commission Agenda February 3, 2011 Page 2 of 4 2. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline location issues a. Seek advice of the city attorney regarding emergency management plans regarding pipeline location issues. B. Reconvene: Action necessary on items discussed in Executive Session. 3. Approval of the minutes for the Planning and Zoning Commission held on January 20, 2011. 4. Administrative Comments. REGULAR AGENDA: 5. Consider: GAS10 -001, Specific Use Permit for Gas and Oil Well Drilling and Production on property being described as Tract 1A, H. Decker Survey, Abstract No. 438, Southlake, Tarrant County, Texas and being located at 1719 East Continental Boulevard, Southlake, Texas. The Current Zoning is AG - Agricultural Zoning District. SPIN Neighborhood # 8. PUBLIC HEARING 6. Consider: GAS10 -002, Variances to Ordinance No. 880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s) associated with gas and oil well drilling and production on property being located at 1719 East Continental Boulevard on property being described as a portion of Tract 1A, H. Decker Survey, Abstract No. 438. Current Zoning: AG Agricultural District. SPIN Neighborhood #8. 7. Consider: GAS10 -003, Variances to Ordinance No. 880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit associated with gas and oil well drilling and production on property being located at 1719 East Continental Boulevard on property being described as a portion of Tract 1A, H. Decker Survey, Abstract No. 438. Current Zoning: AG Agricultural District. SPIN Neighborhood #8. 8. Consider: Variance to Noise Ordinance No. 778, as amended, for Energy Transfer to install a pipeline for the transportation of natural gas; identified as Segments 1 and 2. 9. Consider: ZA10 -072, Plat Revision for Lot 2R, Block 3, Wingate Hill Addition, being a revision of Lot 2, Block 3, Wingate Hill Addition, an addition to the City of Southlake, Tarrant County, Texas and being currently addressed at 101 Welford Lane, Southlake, Texas. The Current Zoning is SF -1A — Single Family Residential. SPIN Neighborhood # 1. PUBLIC HEARING City of Southlake Planning & Zoning Commission Agenda February 3, 2011 Page 3 of 4 10. Consider: ZA11 -001, Revised Site Plan for Toys "R" Us / Babies "R" Us to Include a Request for a Variance to the Masonry Ordinance No. 557 -A, as amended, on property being described as Lot 2A, Block 1, Farrar Addition (also known as Southlake Corners), Southlake, Tarrant County, Texas and being located at 250 North Kimball Avenue, Southlake, Texas. The current zoning is C -3 - General Commercial Zoning District. SPIN Neighborhood # 8. PUBLIC HEARING 11. Consider: MEETING ADJOURNMENT CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, January 28, 2011, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Tara Brooks, Interim City Secretary 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. City of Southlake Planning & Zoning Commission Agenda February 3, 2011 Page 4 of 4 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. Section 418- 106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline location issues: The Planning and Zoning Commission may discuss emergency management plans involving pipeline safety and /or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. Description Joint CC /PZ Work Session and PZ Regular Session - Unofficial Notes Date 2/3/2011 Location Southlake Council Chambers . . Joint CCIPZ Work Session and PZ Regular Session - Unofficial SouthIake Council Chambers Time Speaker Note 5:51:39 PM Mayor called meeting to order 5:51:57 PM Baker presented the Town Square Garden district proposal 5:55:09 PM Frank Bliss, 1008 presented the Town Square Garden district proposal Quail Run 6:14:27 PM Morris asked about architecture design ' 6:15:54 PM Muller asked about who will keep the trail and park upkeep; will it be part of current HOA 6:16:56 PM Bledsoe common areas will be for public uses; asked about garages and traffic flow 6:19:04 PM Muller asked for sample pictures of ramps and parking garages • 8:18:24P&4'Zito asked if garage will be gated 6:20:50 PM 'Muller asked about ramp design and conflict with current driveways at the Brownstones; asked about the alley; asked about landscape; sf issues; difference between 1500 and 2000 of demand 6:26:18 PM Wang asked aboutthe number of residences in ea building; how many 1500 sf residences 8:29:O5PK8'Mayor is it ok to limit 1500 sf to a percentage of the development • 6:30:16 PM Morris concerned about the 15OOGfsize 6:31:09 PM Muller asked about front yards at the brownstones; gas line Iocatiori 6:33:31 PM Mayor asked about market conditions 8:37:O7PM'Mayor asked about proposed phasing and common areas 6:40:03 PM 'Zito asked about versility about homee, more than just 1 floor? market on the Ritz development; estimate of p jeot completion time 6:43:39 PM `Morrie finish out of inside? 0:45:08 PM 'Muller asked about the detention pond area 6:47:44 PM 'McCown asked about pipeline along east side of property; location of buildings 9 and 10 6:49:53 PM : Morris financing? 8:50:40 PM Bledsoe current zoning and plan; common goal • 6:53:01 PM Terrell called for Executive Session • 7:43:51 PM Terrell resopened meeting 7:43:57 PM Terrell closed the joint meeting 7:53:17 PM Vice-Chairman opened the regular P&Z meeting Hudson 7:53:31 PM Vice-Chairman Consider the minutes from the January 20. 2011 Planning & Hudson Zoning Commission meeting. 7:54:20 PM Commissioner Made a motion to approve the minutes of the January 20. Lancor 2011 Planning & Zoning Commission nneeUng � ' � . � `' ' _ ~ - - ' 2/3/2011 2 0fG Joint CC /PZ Work Session and PZ Regular Session - Unofficial I`Southlake Council Chambers Time Speaker Note 7:54:23 PM Vice - Chairman Called for an Administrative Comments; Ken Baker, Director Hudson of Planning & Development Services, stated that there are no Administrative Comments at this time 7:54:27 PM Vice - Chairman move items 9 & 10 up Hudson 7:54:36 PM Vice - Chairman za10 -072, DC presented item Hudson 7:56:54 PM Vice - Chairman applicant Hudson 7:57:06 PM nance 1400 gateway dr, denton 8:00:42 PM Vice- Chairman opened the public hearing Hudson 8:00:52 PM Vice - Chairman closed ph Hudson 8:00:55 PM Vice- Chairman discussion Hudson 8:01:28 PM Commissioner motion 5 -0 Lancor 8:02:15 PM Vice- Chairman consider za11 -071, dc presented Hudson 8:06:40 PM Vice - Chairman applicant Hudson 8:06:50 PM Jason Kessel Inland 8:07:05 PM Patrick Moore Casco10877 watson rd st lou 8:07:24 PM darell toys r us 8:07:40 PM Patrick Moore spoke about the changes to the front and side wallls; lancor, asked about screening criteria; mr moore responded that screening comes from the side wall element; hudon, asked for site line study; mccown; why asking for the variance; Mr Moore, because of the changes in elevation; asked about using choosing a more earth tone color in the main 8:13:46 PM jason prodotype store, tied to lease 8:14:51 PM mr moore new prototype that is why the color is white; Springer asked about screening, Mr moore stated they can chage the side wall elevation and proposed a step in the side wall; Lancor; issues with the intensity of the white and the screening of the roof elements, Hudson agreed wants conformity with the remainder of the building - wants to have the cornice stay across the building 8:21:06 PM kessell additional stores coming next to tru /bru and the changes will be in line with the building next to it. kessell spoke to rebuilding this center and this is the key to getting tenants back into the center 2/3/2011 3 of 6 Joint CCIPZ Work Session and PZ Regular Session - Unofficial SouthIake Council Chambers Time Speaker Note 8:24:30 PM moore will do a site line analysis; color will have to be addressed with toys r us - commission wants a more earth tone color 8:26:23 PM kessel wants to move forward and wants recomendations from the commission; 8:28:58 PM Vice-Chairman called fr executive session Hudson 8:39:35 PM 'Vice-Chairman reconviened Hudson 8:30:50 PM Vice-Chairman opened ph Hudson 8:39:54 PM Vice-Chairman closed the ph Hudson 8:39:58 PM Vice-Chairman discussion; comission discussed issues with elevations, color Hudson and acreenin8 needs clarity in justification for variance request; 8:43:46 PM Vice-Chairman motion to approve 3-2 Hudson 8:48:05PK0`Vice-Chairnlan executive session Hudson 9:25:14 PM Vice-Chairman reconviened Hudson 9:25:30 PM Vice-Chairman consider 5,6,7,8 . If presented this item Hudson 9:33:12 PM Vice-Chairman called for applicant Hudson 9:33:17 PM xva|terdueaee xto; hudson asked aboutwaivers, yes, waivers have been obtained and have been submitted to staff; 9:49:03 PM anthony welty energy transfer; commissioners discussed pipeline 2 - a|ignnnant, pipeline pressure; asked about 8' requirement; asked about tree's and creek interferance. Discussed pipeline 1 - discussed location near homes 10:33:46 PM cheryl taylor civil engineer; respoded to mccowns concerns over impact to city utilities with fm 1938 expansion; 1938 is still under development; 10:35:37 PM nlicheUa mccullough responded to pearson waterlines and sewer lines are congested in 10:37:15F»VVioe-C}hainnan opened ph Hudson 10:37:17 PM read comment cards 10:38:39 PM Stacey Bott 1604 Ponderosa Way; Does not wish to speak - opposed � 10:30:40 PK8i[}imne Harris 1025 Mission; Does not wish to speak - opposed 10:38:41 PM Matt Wilsman 1604 Ponderosa Way; Does not wish to speak opposed 2/3/2011 4 of 6 , -- --- -_ - Joint CC/PZ Work Session and PZ Regular Session - Unofficial PSouthlake Council Chambers Time Speaker Note 10:38:41 PM John Van Son 675 Southview Trail; Does not wish to speak - support 10:38:42 PM Frank Bliss 1008 Quail Run Road; Does not wish to speak - support 10:38:49 PM Christian Twamley 415 Westminster Way; Does not wish to speak - support 10:39:08 PN/r Clarence Mason 914 Westminster Way; Does not wish to speak - support 10:38:40 PM Koh and Jaana 1010 Pine Meadow Court; Does not wish to speak - support Ahonen 10:39:41 PIVI`K8ary and David 1011 Pine Meadow Court; Does not wish to speak - support Cook 10:39:43 PM Herb Brown 1013 Pine Meadow Court; Does not wish to speak - support 10:38:45 PM Scribner Error 10:40:09 PM Scribner Error 1O:4O:17PM Scribner ErnJr i 10�4O1Q ��pN`8orbnar Error � oon rn�r \ 10:40:43 PM Robert Stiller 218 Bob 0 Link Dr; Spoke in opposition pipeline issues 10:41:27 PM 'scribner 10:44:52 PM Lee Richardson 2395 Johnson Road; spoke in opposition - pipeline issues 10:50:06 PM Mcfadden 2405 Johnson Road; spoke in opposition - pipelie issues 10:55:32 PM Robert Garner 225 Timberline Lane; spoke in opposition - pipeline issues 10:57:38 PM`K8nUy Bullard 240 Timberline Lane; spoke in opposition - losing trees on Johnson Road becaue of pipeline 11:01:12 PM Steve Linehan 230 Timberline Lane; spoke in opposition - pipeline issues (submitted presentation) 11:05:43 PM Matt Cleaves 909 Parkview Lane; spoke in opposition - issues with condensate tanks; venting; pipeline alignment 11:09:52 PM David Adams 165 Creekway Bend; Spoke in Opposition issues with pressure in pipeline; need odor in gas; too close to NuStar Gas 11:12:49 PM Joe Wright 1640 South Brumlow; property owner of well site; wants well site but would like to have pipeline realigned 11:16:28 PM Mustafa Firoz 567 Randol Mill; Spoke in opposition to pipeline; do it - do it right 11:17:24 PM closed the public hearing 11:17:29 PK4 discussion 2/3/2011 5 of 6 Joint CC /PZ Work Session and PZ Regular Session - Unofficial I`Southlake Council Chambers Time Speaker Note 11:17:47 PM Anthony Whelty responded to questions brought up during the public hearing; condensate, XTO is not allowed to put any liquid into the line - pressure sensors are placed and monitored - condensate tanks (storage take) <deffering to XTO. Routing and destruction of trees; Energy transfer will mitigate any trees impacted 11:24:35 PM Walter Dueasse responded to condensate tank; gas from B.Shale is dry - taks on site are for produced water; compressor facility in Keller, mr duease clarified the difference between a gas lift compresoor at a well head and a comprssor station which moves gas through the pipelines; no odor in gas, mr dueasse state that was correct and it is because it is for detection in confined spaces; nustar flaring issues, has to do with concentration of gas near flare site, this gas is lite and does not collect near the ground; kill fluid added to prevent venting during drill head instalation; lancor asked about noise mitigation; Mr. Duease brought samples of buffering material for sound wall; 11:43:58 PM called for a break • 2/3/2011 6 of 6 CITY OF SOUTH LAKE TEXAS JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORK SESSION February 3, 2011 LOCATION: Southlake Town Hall 1400 Main Street Council Chambers Southlake, Texas 76092 TIME: 5:30 p.m. 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council and the Planning and Zoning Commission to seek advice from the City Attorney as to the posted subject matter of this meeting. B. Reconvene: Reconvene the meeting and take any action necessary on items discussed in Executive Session. 3. Discussion: Town Square Garden District Proposed Residential Zoning Change and Concept Plan Submittal. 6. Meeting adjourned. City of Southlake values: Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence ♦ Teamwork City of Southlake Joint City Council - P &Z work session agenda February 3, 2011 Page 2 of 4 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, January 28, 2011 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. to :oo Tara Brooks Interim City Secretary If you plan to attend this public meeting and have 'a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817 - 748 -8016 and reasonable accommodations will be made to assist you. City of Southlake Joint City Council - P8Z work session agenda February 3, 2011 Page 3 of 4 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and /or contemplated litigation subjects: 1. Jayson Steele vs. City of Southlake. August 2008. 2. Pending Public Information Act requests. 3. Texas Attorney General litigation defending the constitutionality of the Texas Open Meetings Act. 4. Legal issues regarding the Barnett Shale gas extraction and transportation. Section 551.072: Deliberation regarding real property The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical City of Southlake Joint City Council - P &Z work session agenda February 3, 2011 Page4of4 plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism - related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety The City Council may discuss emergency management plans involving pipeline safety and /or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. gr CITY OF SOUTHLAKE TEXAS ADDENDUM TO THE JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORK SESSION February 3, 2011 LOCATION: Southlake Town Hall 1400 Main Street Council Chambers Southlake, Texas 76092 Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council and the Planning and Zoning Commission to seek advice from the City Attorney as to the posted subject matter of this meeting. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding gas drilling and production and gas utility companies. b. Seek advice of the city attorney regarding pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit applications. c. Seek advice from the attorney regarding new federal case law referencing special protected land uses. Reconvene: Reconvene the meeting and take any action necessary on items discussed in Executive Session. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, January 31, 2011 by 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. Tara Brooks Interim City Secretary City o S outhlake values: Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence ♦ Teamwork