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2004-04-22 P&Z Meeting REGULAR PLANNING & ZONING COMMISSION MEETING April 22, 2004 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6:00 P.M. 1. Discussion of all items on tonight's meeting agenda. REGULAR SESSION: 6:30 P.M. 1. Call to Order 2. Approval of the minutes of the Planning and Zoning Commission meeting held on April 8, 2004. 3. Administrative Comments REGULAR AGENDA: 4. Consider: ZA03-096, ZONING CHANGE WITH DEVELOPMENT PLAN FOR ESTES PARK PHASE II. The property is generally located along the north side of the 700 to 900 blocks of Primrose Lane, the west side of the 2100 block of N. Carroll Avenue and the south side of the 800 block of E. Dove Street. Current Zoning: "AG" Agricultural District and "R-PUD" Residential Planned Unit Development. Requested Zoning: "R-PUD" Residential Planned Unit Development. SPIN Neighborhood # 5. PUBLIC HEARING 5. Consider: ZA03-097, PRELIMINARY PLAT FOR ESTES PARK PHASE II. The property is generally located along the north side of the 700 to 900 blocks of Primrose Lane, the west side of the 2100 block of N. Carroll Avenue and the south side of the 800 block of E. Dove Street. Current Zoning: "AG" Agricultural District and "R-PUD" Residential Planned Unit Development. Proposed Zoning: "R-PUD" Residential Planned Unit Development. SPIN Neighborhood # 5. PUBLIC HEARING 6. Consider: ZA04-006, ZONING CHANGE AND SITE PLAN FOR TAMER OFFICE BUILDING described as Lot 1, Block 4, Timarron Phase One, Section Two, Bent Creek, located at 175 E. Continental Drive, Southlake, Texas. Current Zoning: "R-PUD" Residential Planned Unit Development District. Requested Zoning: "S- P-1" Detailed Site Plan District. SPIN Neighborhood # 9W. PUBLIC HEARING PLANNING AND ZONING COMMISSION AGENDA April 22, 2004 PAGE2 7. Consider: ZA04-013, REVISED SITE PLAN FOR WRIGHT PROFESSIONAL BUILDING on property located at 200 E. Southlake Boulevard (FM 1709), Southlake, Texas. Current zoning: "O-1" Office District. SPIN Neighborhood # 10. PUBLIC HEARING 8. Consider: ZA03-089, SPECIFIC USE PERMIT FOR THE CO-LOCATION OF A TELECOMMUNICATIONS ANTENNA ON AN EXISTING TOWER on property located at 3700 N. White Chapel Boulevard, Southlake, Texas. Current Zoning: "CS" Community Service District. SPIN Neighborhood # 1. PUBLIC HEARING 9. Consider: ZA04-019, PLAT REVISION FOR LOT 5R1, A.A. FREEMAN NO. 522 ADDITION; being a revision of Lots 5R & 6R, A.A. Freeman No. 522 Addition. The property is located at 422 and 426 Southridge Lakes Parkway. Current Zoning: "SF-IA" Single Family Residential District. SPIN Neighborhood # 13. PUBLIC HEARING 10. Consider: ZA04-023, SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT for Stars and Stripes, July 3, 2004, celebration on property described as Southlake Town Square, Phase One. Current Zoning: "DT" Downtown 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, April 16, 2004, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. 0 •;A: • V s • •C'0: Lori Farwell City Secretary °j//III111111If 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 481-1519, and reasonable accommodations will be made to assist you. ~ u . r I REGULAR PLANNING AND ZONING 2 COMMISSION MEETING 3 April 22, 2004 4 5 COMMISSIONERS PRESENT: Vice Chairman Ron Kulpinski and Commissioners: Bill Vaughan, 6 Ralph Williams, Mike Springer, and Debra Edmondson. 7 8 COMMISSIONERS ABSENT: Chairman Vernon Stansell 9 10 CITY STAFF PRESENT: Bruce Payne, Planning Director; Dennis Killough, Senior Planner; 11 Angela Turner, Graduate Engineer; Steve Polasek, Community Services Deputy Director; and Lorrie 12 Fletcher, Administrative Assistant. 13 14 Vice Chairman Kulpinski called the meeting to order at 6:33 p.m. 15 16 17 AGENDA ITEM # 2, APPROVAL OF MINUTES: 18 Vice Chairman Kulpinski opened discussion of the minutes of the Planning and Zoning Commission 19 meeting held on April 8, 2004. r 20 21 Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on soft , 22 April 8, 2004, as presented. 23 24 Motion: Edmondson 25 Second: Williams 26 Ayes: Williams, Springer, Edmondson 27 Nays: None 28 Abstain: Vaughan, Kulpinski 29 Approved: 3-0-2 30 Motion carried. 31 32 33 AGENDA ITEM # 3, ADMINISTRATIVE COMMENTS: 34 Bruce Payne suggested a change in the order of the agenda items due to the complexity of some of 35 the cases (4, 5, 7, 9, 10, 6, and 8). The Commission agreed. 36 37 38 AGENDA ITEM # 4, ZA03-096, ZONING CHANGE WITH DEVELOPMENT PLAN FOR 39 ESTES PARK PHASE II: 1W 40 Senior Planner Dennis Killough presented this item to the Commission for a zoning change with 41 development plan. The property is located along the north side of the 700 to 900 blocks of Primrose 42 Lane, the west side of the 2100 block of N. Carroll Avenue and the south side of the 800 block of E. dw 43 Dove Street. The Current Zoning is AG Agricultural District and R-PUD Residential Planned Unit eo",. 00,1141111 Planning and Zoning Commission Meeting Minutes on April 22, 2004 1 do 2, 40 C1 Development. The Requested Zoning is R-PUD Residential Planned Unit Development. SPIN 2 Neighborhood # 5. The Owners/Applicants are Hat Creek Development and Terra Land it 3 Development. 4 4" 5 m 6 AGENDA ITEM # 5, ZA03-097, PRELIMINARY PLAT FOR ESTES PARK PHASE IT 7 Senior Planner Dennis Killough presented this item to the Commission for a preliminary plat. The 8 property is located along the north side of the 700 to 900 blocks of Primrose Lane, the west side of 9 the 2100 block of N. Carroll Avenue and the south side of the 800 block of E. Dove Street. The 10 Current Zoning is AG Agricultural District and R-PUD Residential Planned Unit Development. The 11 Proposed Zoning is R-PUD Residential Planned Unit Development. SPIN Neighborhood # 5. The 12 Owners/Applicants are Hat Creek Development and Terra Land Development. 13 14 Koss Maykus, President, Hat Creek Development introduced Paul Spain with Terra Land and 15 Cattle and presented these items to the Commission. 16 17 Vice Chairman Kulpinski opened the joint public hearing and read a card from someone who did 18 not wish to speak: 19 di 20 David Edelen, 1203 Ashmoore, Southlake, TX opposed, "keep north of 114 SF-1" 21 NOW 22 The following people spoke: 23 24 Sam Teng, 2089 N. Carroll, Southlake, TX spoke in opposition. 25 26 John Koldus, 600 E. Dove Rd, Southlake, TX spoke in support. 27 28 Vice Chairman Kulpinski read additional cards received during this public hearing: 29 30 The following cards were received from those who did not wish to speak but were opposed: dI 31 32 Louise Garrett, 1810 N. Sunshine Lane, Southlake, TX 33 Donna Wallace, 1780 N. Sunshine Lane, Southlake, TX do 34 Jere Francis, 1211 Ashmoore Cr., Southlake, TX 35 Janice Francis, 1211 Ashmoore Ct., Southlake, TX 36 ++d 37 The following cards were received from those who did not wish to speak but were in support: 38 39 Bobby Rawls, 165 E. Dove Rd, Southlake, TX 40 Lisa Rawls, 165 E. Dove Rd, Southlake, TX 41 Christine Beyne, 1086 Primrose Lane, Southlake, TX a 42 Kathy Mariner, 820 Primrose Lane, Southlake, TX l- 43 G. B. Mariner, 820 Primrose Lane, Southlake, TX " "4'` Planning and Zoning Commission Meeting Minutes on April 22, 2004 2 Ito CI Paul Soullier, 1005 Carroll Meadows Ct., Southlake, TX 2 Mary Soullier, 1005 Carroll Meadows Ct., Southlake, TX 3 Richard Mauk, 1010 Carroll Meadows Ct., Southlake, TX 4 5 Vice Chairman Kulpinski closed the joint public hearing and called Koss Maykus back to the 6 podium to address Mr. Teng's issues. „ 7 8 Vice Chairman Kulpinski called for discussion from the Commission. 9 10 Motion was made to approve ZA03-096 subject to Development Plan Review Summary No. 3, 11 dated April 16, 2004; as presented. 12 13 Motion: Edmondson 14 Second: Williams 15 Ayes: Williams, Springer, Edmondson, Vaughan, Kulpinski 16 Nays: None rl 17 Approved: 5-0 18 Motion carried 19 20 21 Motion was made to approve ZA03-097 subject to Preliminary Plat Review Summary No. 3, 22 dated April 16, 2004. 23 24 Motion: Edmondson 25 Second: Vaughan 26 Ayes: Springer, Edmondson, Vaughan, Williams, Kulpinski 27 Nays: None 28 Approved: 5-0 29 Motion carried 30 31 32 AGENDA ITEM # 7, ZA04-013, REVISED SITE PLAN FOR WRIGHT PROFESSIONAL 33 BUILDING: 34 Senior Planner Dennis Killough presented this item to the Commission for a revised site plan. The 35 property is located at 200 E. Southlake Boulevard, Southlake, Texas. The current zoning is 0-1 36 Office District. SPIN Neighborhood # 10. The Owner is Gregory B. Wright, DDS PA. The 37 Applicant is BGO Architects, L.P. 38 39 Greg Wright, 850 Ginger Cr., Southlake, TX opened for questions from the Commission. 40 41 The following variance has been requested: 42 43 • Setback: A minimum setback of 40 feet is required from any single family residential Planning and Zoning Commission Meeting Minutes on April 22, 2004 3 • I property. The applicant is requesting a setback of 25 feet. 2 3 Vice Chairman Kulpinski opened the public hearing. 4 5 No one from the audience came forward to speak. 6 7 Vice Chairman Kulpinski closed the public hearing 8 9 Motion was made to approve ZA04-013 subject to Site Plan Review Summary No. 2, dated ,•e 10 April 2, 2004; as presented. ~j 11 12 Motion: Edmondson 13 Second: Vaughan l0. 14 Ayes: Edmondson, Vaughan, Williams, Springer, Kulpinski 15 Nays: None 16 Approved: 5-0 +i 17 Motion carried 18 19 20 AGENDA ITEM # 9 ZA04-019 PLAT REVISION FOR LOT 5R1, A.A. FREEMAN NO. 522 21 ADDITION: jo 22 Senior Planner Dennis Killough presented this item to the Commission for a plat revision. The 23 property is located at 422 and 426 Southridge Lakes Parkway, Southlake, Texas. The current zoning 24 is SF-lA Single Family Residential District. SPIN Neighborhood # 13. The Owners are Kurt & 1W 25 Elizabeth Lundblade. The Applicant is Area Surveying, Inc. 26 27 The Applicant was not present for this item. 28 29 Vice Chairman Kulpinski opened the public hearing. 30 jW 31 No one from the audience came forward to speak. 32 33 Vice Chairman Kulpinski closed the public hearing W 34 35 Motion was made to approve ZA04-019, subject to Plat Review Summary No. 1, dated March MR 36 29, 2004. 1W 37 38 Motion: Edmondson ' 39 Second: Vaughan 40 Ayes: Vaughan, Williams, Springer, Edmondson, Kulpinski 41 Nays: None 42 Approved: 5-0 43 Motion carried Planning and Zoning Commission Meeting Minutes on April 22, 2004 4 1 I AGENDA ITEM # 10, ZA04-023, SPECIFIC USE PERMIT FOR A MASS GATHERING 2 EVENT: ii w 3 Senior Planner Dennis Killough presented this item to the Commission for a specific use permit for 4 Stars & Stripes, July 3, 2004, celebration. The property is described as Southlake Town Square, 5 Phase One. The current zoning is DT Downtown District. SPIN Neighborhood # 8. The Owners are 6 Cooper & Stebbins, L.P. and the City of Southlake. The Applicant is the City of Southlake. 7 8 Steve Polasek, Deputy Director of Community Services, Southlake, TX presented this item to the 9 Commission and opened for questions. 10 11 Vice Chairman Kulpinski opened the public hearing. 12 13 No one in the audience came forward to speak. 14 15 Vice Chairman Kulpinski closed the public hearing 16 di 17 Motion was made to approve ZA04-023 for five (5) years as long as it stays within the scope of 18 this application and the city's ordinances. OR 19 20 Motion: Edmondson 21 Second: Vaughan 22 Ayes: Williams, Springer, Edmondson, Vaughan, Kulpinski 23 Nays: None 24 Approved: 5-0 25 Motion carried 26 27 28 AGENDA ITEM # 6, ZA04-006, ZONING CHANGE AND SITE PLAN FOR TAMER OFFICE 29 BUILDING: 30 Senior Planner Dennis Killough presented this item to the Commission for a zoning change and site 31 plan. The property is described as Lot 1, Block 4, Timarron Phase One, Section Two, Bent Creek, 32 located at 175 E. Continental Drive, Southlake, Texas. The current zoning is R-PUD Residential 33 Planned Unit Development District. The requested zoning is S-P-1 Detailed Site Plan District. SPIN 34 Neighborhood # 9W. The Owner/Applicant is Michael Tamer. 35 36 Michael Tamer, 1319 Eagle Bend Drive, Southlake, Texas presented this item to the Commission. di 37 38 Under the "S-P-1" Detailed Site Plan District zoning the applicant proposes the following: 39 40 • Permitted Uses -This property shall be limited to the permitted uses as found in the "0-1" 41 Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, 42 as amended, with the following exceptions: 43 Banking Planning and Zoning Commission Meeting Minutes on April 22, 2004 5 1 Radio, recording, broadcast, studio 2 ■ Utility offices 3 ■ Public, semi-public and private park 4 ■ Recreation, public playgrounds 5 6 • Floor Area - The minimum size for a separate building or structure existing within this 7 district shall be two thousand six hundred sixty-one (2,661) square feet. 8 9 The following variances are being requested: 10 11 • Use of Bufferyard - In no event shall parking facilities be permitted in a bufferyard. The 12 applicant is requesting the existing parking to encroach into the north bufferyard. 13 14 • Bufferyard - A 5-foot, Type "A" bufferyard is required along the south property line. The 15 applicant is requesting a waiver of the bufferyard requirement on a portion of the south 16 property line. ■I 17 18 Vice Chairman Kulpinski opened the public hearing and read registration cards from those who 19 did not wish to speak. The following cards were collected throughout this public hearing. 20 21 The following cards were received from those who did not wish to speak but were opposed: 22 23 Brian Nance, 1305 Bent Creek Drive, Southlake, TX 24 Dale Justice, 315 Augusta Ct., Southlake, TX 25 Melanie Metzger, 1325 Eagle Bend Drive, Southlake, TX 26 Tara Miller, 1490 Bent Trail Circle, Southlake, TX 27 Jane Garrison, 805 Caroline Lane, Southlake, TX 28 Richard Garrison, 805 Caroline Lane, Southlake, TX 29 Peg Ausdenmoore, 807 Caroline Lane, Southlake, TX + * 30 Carol Russo, 219 CreeknM Bend, Southlake, TX +W 31 Linda Robinson, 1520 Bent Creek, Southlake, TX 32 33 The following cards were received from those who did not wish to speak but were in support: + 34 35 A.S. Hosea, 845 E. Dove Rd., Southlake, TX 36 Ditto Tamer, 1319 Eagle Bend, Southlake, TX 37 John Eubank, 801 Oakcrest Cf., Southlake, TX 38 39 The following card was received from one who did not wish to speak but had a comment: 40 41 Carol Fischer, 1495 Bent Trail Circle, Southlake, TX "I would like to see a postponement on the 42 decision concerning zoning so the community can be informed and so we can come to an 43 agreement as a whole community." Planning and Zoning Commission Meeting Minutes on April 22, 2004 6 I The following people spoke: 2 3 Linda Pavona, 721 Ashleigh Lane, Southlake, TX spoke in opposition... wants more time to 4 understand. 5 6 Doug Calvert, 110 Stonewood Cr., Southlake, TX member on the board of T.O.A. (Timarron 7 Home Owner's Association) discussed the activity that has occurred between the T.O.A., the 8 residents, and the applicant. He read the points that T.O.A. would like to achieve agreement 9 with the applicant if approved. He explained his role as a board member. 10 11 Michael Tamer commented on the agreement Mr. Calvert discussed. He stated there were two 12 more meetings scheduled with the board and the residents. 13 14 Bruce Payne clarified what restrictions could be made in regard to this zoning request. He stated 15 the P&Z does not have the ability to restrict anything outside of the zoning. 16 17 Henry Lampy, 617 Fairway View Terrace, Southlake, TX spoke historically regarding the 18 property and the T.O.A. 19 W 20 Estella Silva, 206 Brookview Ct., Southlake, TX spoke in opposition. 21 "k, 22 Vice Chairman Kulpinski called for a break (8:58 p.m.) 23 24 Vice Chairman Kulpinski called the meeting back to order and continued the public hearing (9:08 25 p.m.) 26 27 Ernest Anderson, 150 Bent Trail Drive, Southlake, TX spoke unfavorably about the board's j 28 efforts. Spoke in opposition. 29 30 Suzanne Eckersley, 1340 Bent Creek Drive, Southlake, TX spoke in opposition. Im 31 32 Bruce Payne read the definition of "R-PUD" regarding the information center. 33 34 Paula Masters, 801 Fairwood G., Southlake, TX spoke in support. 35 36 Cash Calaway, 524 Villa Crossing, Southlake, TX spoke in support. 37 38 Linda Curry, 1400 Bentwood Cf., Southlake, TX stated she was more informed after hearing 39 more of the facts. She previously wrote an opposition letter, however, felt she could support this 40 application if agreements were met. 41 42 Carol Russo, 219 Creekway Bend, Southlake, TX spoke about lack of information. 43 Planning and Zoning Commission Meeting Minutes on April 22, 2004 7 „r I Michael Burns, 105 Creekway Bend, Southlake, TX stated he was in support after hearing more 2 of the facts. 3 4 Paul Thompson, 1215 Bent Creek Drive, Southlake, TX spoke about notification; he remains in 5 opposition. He wanted more time for notification. 6 7 Graham Lane, 1325 Bent Creek Drive, Southlake, TX commented on Mr. Lamby's statements 8 about the sale of the property. He continued to be in opposition. He wanted more time for 9 notification. 10 11 Marcy Carter-Lovick, 160 Bent Trail Drive, Southlake, TX was concerned that Mr. Tamer 12 would not be able to conduct his business allowing the children, dogs, and joggers to continue 13 use of the trail that runs through his property. She believed he would be back in the near future 14 to reduce some of the restrictions he is agreeing to meet. 15 16 Vice Chairman Kulpinski closed the public hearing and called for discussion. 17 18 Michael Tamer responded to the suggestion of possibly tabling. 19 20 Vice Chairman Kulpinski called for final discussion from the Commission. 21 ' 22 Michael Tamer requested to table until May 6, 2004. 400 X23 24 Motion was made to table ZA04-006 until May 6, 2004. 25 26 Motion: Edmondson 27 Second: Vaughan 28 Ayes: Springer, Edmondson, Vaughan, Williams, Kulpinski 29 Nays: None 30 Approved: 5-0 of 31 Motion carried 32 33 34 AGENDA ITEM # 8 ZA03-089 SPECIFIC USE PERMIT FOR THE CO-LOCATION OF A 35 TELECOMMUNICATIONS ANTENNA ON AN EXISTING TOWER: 36 Senior Planner Dennis Killough presented this item to the Commission for a specific use permit. The do 37 property is located at 3700 N. White Chapel Boulevard, Southlake, Texas. The current zoning is CS 38 Community Service District. SPIN Neighborhood # 1. The Owner is American Tower Corp. The 39 Applicant is Zone Systems, Inc. 40 41 John Broumley, representative from Zone Systems, Inc. opened for questions from the Commission. 42 He answered questions about the plans for planting and maintaining the photinias they plan to use as 43 landscape buffer. Planning and Zoning Commission Meeting Minutes on April 22, 2004 8 I The following variances are being requested: 2 3 • Maximum building size - The maximum building size allowed is 180 square feet. The 4 applicant is proposing a building size of 188 square feet. 5 6 • Maximum building height - The maximum building height allowed is 10 feet. The 7 applicant is proposing a building height of approximately 11 feet. 8 9 • Masonry - Buildings within 400 feet of single family residential properties are required to +R 10 have a masonry fagade. The applicant is proposing a pre-fabricated building with a fagade j 11 of exposed aggregate. 12 13 • Pitched roof - Buildings within 400 feet of single family residential properties are required rYi 14 to have a pitched roof. The applicant is proposing a pre-fabricated building with a flat roof. 15 16 • Setback - No non-single family residential building may encroach in the area above a line 17 having a slope of 4:1 from any single family residential property. However, a structure may 18 be built up to within 40 feet of the residential property line, provided that the structure is no 19 greater than one story or 20 feet in height. The applicant is proposing the generator cabinet 20 to be within 20 feet from the northern property line. 21 22 • Number of Buildings - No more than 3 separate equipment buildings are permitted on a 23 single lot. The applicant is proposing to add a 5t' equipment shelter. 24 25 • Bufferyards - Where abutting public land, public streets, or land designated as low or 26 medium density residential shall provide screening as required in an "172" bufferyard. The 27 applicant is proposing bufferyards on the north and east property lines with a solid plant j 28 screening on all sides of the interior compound. 29 30 Vice Chairman Kulpinski opened the public hearing. it 31 32 No one from the audience came forward to speak. 33 34 Vice Chairman Kulpinski closed the public hearing. 35 36 John Broumley commented on the variance request for buffering the south side of the property. 37 "R 38 Vice Chairman Kulpinski called for final discussion from the Commission. 39 40 Motion was made to approve ZA03-089 subject to Site Plan Review Summary No. 3, dated 41 April 16, 2004; allowing the requested variances and noting the red photinias are to be watered 42 and maintained in perpetuity. 43 Planning and Zoning Commission Meeting Minutes on April 22, 2004 9 l I Motion: Edmondson 2 Second: Vaughan 3 Ayes: Edmondson, Vaughan, Williams, Springer, Kulpinski 4 Nays: None 5 Approved: 5-0 6 Motion carried 7 8 9 AGENDA ITEM # 11, MEETING ADJOURNMENT: 10 Vice Chairman Kulpinski adjourned the meeting at 11:02:27 P.M. on April 22, 2004. 11 12 13 14 15 16 19 19 Ron Kulpinski 20 Vice Chairman 21 1 _ 4) 22 ATTEST: 23 l i~S 11S 24 25 26 29 Lorrie Fletcher 30 Administrative Secretary Z Q r~~ mv, 2 O© ~ Planning and Zoning Commission Meeting Minutes on April 22, 2004 10