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2007-07-19 P&Z Meeting PLANNING AND ZONING COMMISSION MEETING: July 19 2007 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. EXECUTIVE SESSION: If a need arises to seek the advice from the City Attorney as to the posted subject matter of this Planning and Zoning Commission meeting, the issues or matters will be discussed in executive session. 1. Pursuant to Section 551.071, Texas Government Code, the Commission may meet in executive session to consult with the City Attorney regarding matters authorized by Section 551.071, including matters posted on this agenda. 2. Reconvene: Action necessary on items discussed in executive session. REGULAR SESSION: 6:30 P.M. or immediately following the work session. 1. Call to Order. 2. Approval of the minutes of the Planning and Zoning Commission meeting held on July 5, 2007. 3. Administrative Comments CONSENT AGENDA: 4. Consent: ZA07-064, REVISED SITE PLAN FOR CEDAR RIDGE OFFICES on property located at the southwest intersection of N. Carroll Avenue and E. Highland Street and the southeast intersection of E. S.H. 114 and E. Highland Street, Southlake, Texas. The current zoning is "S-P-1" Detailed Site Plan District. SPIN Neighborhood # 6. WITHDRAWN BY THE APPLICANT 5. Consent: CP07-003, COMPREHENSIVE LAND USE PLAN AMENDMENT FOR SOUTH VILLAGE AT WATERMERE, being approximately 33.72 acres located at 2271 Union Church Rd and 2451 Union Church Rd. The current underlying land use designation is Public/Semi-Public and the proposed underlying land use designation is Medium Density Residential. SPIN Neighborhood #15. THIS ITEM HAS BEEN ADMINISTRATIVELY TABLED UNTIL AUGUST 9, 2007, WITH THE PUBLIC HEARING TO BE HELD AT THAT TIME PLANNING AND ZONING COMMISSION AGENDA July 19, 2007 PAGE2 6. Consent: ZA07-060, ZONING CHANGE AND CONCEPT PLAN FOR SOUTH VILLAGE AT WATERMERE on property being legally described as Tract 4C & 41), J.G. Allen Survey, Abstract No. 18 and being located at 2271 Union Church Road. The current zoning is "AG" Agricultural District. The requested zoning is "S-P-2" Generalized Site Plan District. SPIN Neighborhood #15. THIS ITEM HAS BEEN ADMINISTRATIVELY TABLED IN ACCORDANCE WITH ZONING ORDINANCE NO. 480, SECTION 41.2, AS AMENDED, UNTIL AUGUST 9, 2007, WITH THE PUBLIC HEARING TO BE HELD AT THAT TIME 7. Consent: ZA07-061, ZONING CHANGE AND DEVELOPMENT PLAN FOR SOUTH VILLAGE AT WATERMERE on property being legally described as Portions of Tracts 6A & 6A2, J. Allen Survey, Abstract No. 18 and being located at 2271 Union Church Road. The current zoning is "AG" Agricultural District. The requested zoning is "TZD" Transition District. SPIN Neighborhood #15 THIS ITEM HAS BEEN ADMINISTRATIVELY TABLED IN ACCORDANCE WITH ZONING ORDINANCE NO. 480, SECTION 40.2, AS AMENDED, UNTIL AUGUST 9, 2007, WITH THE PUBLIC HEARING TO BE HELD AT THAT TIME 8. Consider: ZA07-062, PRELIMINARY PLAT FOR SOUTH VILLAGE AT WATERMERE on property being legally described as Tracts 4C, 41), 6A2, J. Allen Survey, Abstract No. 18 and being located at 2271 Union Church Road. SPIN Neighborhood #15. THIS ITEM HAS BEEN TABLED BY STAFF IN ACCORDANCE WITH THE APPLICATION PROCESSING POLICY OF THE SUBDIVISION ORDINANCE NO. 483, SECTION 3.01.D.1, AS AMENDED, UNTIL AUGUST 9, 2007, WITH THE PUBLIC HEARING TO BE HELD AT THAT TIME REGULAR AGENDA: 9. Consider: ZA06-003, ZONING CHANGE on property described as approximately 2.24 acres of land being a portion of Tracts 2A, 2B1 and 3A in the T. Mahan Survey Abstract No. 1049 and being approximately 1200 feet west of N. Kimball Avenue and approximately 600 feet south of E. Highland Street. The current zoning is "NR-PUD" Non-Residential Planned Unit Development District. The requested zoning is "AG" Agricultural District. SPIN Neighborhood # 6. PUBLIC HEARING, Tabled from the July 5, 2007 Planning and Zoning Commission meeting PLANNING AND ZONING COMMISSION AGENDA July 19, 2007 PAGE3 10. Consider: ZA07-019, PRELIMINARY PLAT FOR TEALWOOD on property being legally described as Tract 2F1, J. Gibson Survey, Abstract No. 591 and being located at 1589 E. Continental Blvd. The current zoning is TZD Transition Zoning District. SPIN Neighborhood # 7. PUBLIC HEARING 11. Consider: ORDINANCE 480-QQQ, MISCELLANEOUS AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE 480, AS AMENDED, RELATING TO ACCESSORY STRUCTURE STANDARDS IN RESIDENTIAL ZONING DISTRICTS. PUBLIC HEARING, Tabled from the June 7, 2007 Planning and Zoning Commission meeting 12. 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, July 13, 2007, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. o~t,willow,, Auv THL9 i m pal A-ILP co - Lori Payne, TRMC ? c 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. I REGULAR PLANNING AND ZONING 2 COMMISSION MEETING MINUTES 3 July 19, 2007 4 5 COMMISSIONERS PRESENT: Chairman Al Morin, Vice Chairman Brandon Bledsoe, and 6 Commissioners, Jeff Wang, Robert Hudson, Michael Springer, CD Peebles and Darrell Faglie. 7 8 COMMISSIONERS ABSENT: None. 9 10 CITY STAFF PRESENT: Dennis Killough, Chief Planner; Jayashree Narayana, Chief Planner; Ben 11 Bryner, Senior Planner; Clayton Comstock, Planner; and Jennifer Crosby, Acting Administrative 12 Secretary. 13 14 Chairman Morin called the regular meeting to order at 6:32 p.m. 15 16 17 AGENDA ITEM # 2, APPROVAL OF MINUTES: 18 Chairman Morin opened discussion of the minutes of the Planning and Zoning Commission meeting 19 held on July 5, 2007. 20 21 Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on 22 July 5, 2007, as presented. 23 24 Motion: Hudson 25 Second: Faglie 26 Ayes: Wang, Hudson, Springer, Faglie, Morin 27 Nays: None 28 Abstained: Bledsoe, Peebles 29 Approved: 5-0-2 30 Motion carried. 31 32 33 AGENDA ITEM # 3, ADMINISTRATIVE COMMENTS: 34 Dennis Killough announced that there will be a city-wide SPIN Town Hall Meeting on the Urban 35 Design Study on Monday, July 23 at 6:00 p.m. He also announced an upcoming elected official's 36 workshop through the APA and invited the Commissioners to attend. The workshop is scheduled for 37 Monday, July 30. 38 39 Chairman Morin announced the consent agenda items. 40 41 42 CONSENT AGENDA ITEM # 4 ZA07-064, REVISED SITE PLAN FOR CEDAR RIDGE 43 OFFICES: 44 The property is located at the southwest intersection of N. Carroll Avenue and E. Highland Street Planning and Zoning Commission Meeting Minutes on July 19, 2007. 1 I and the southeast intersection of E. S.H. 114 and E. Highland Street, Southlake, Texas. The current 2 zoning is "S-P-1" Detailed Site Plan District. SPIN Neighborhood # 6. 3 WITHDRAWN BY THE APPLICANT. 4 5 CONSENT AGENDA ITEM # 5, CP07-003, COMPREHENSIVE LAND USE PLAN 6 AMENDMENT FOR SOUTH VILLAGE AT WATERMERE: 7 The property is approximately 33.72 acres and is located at 2271 Union Church Rd and 2451 Union 8 Church Rd. The current underlying land use designation is Public/Semi-Public and the proposed 9 underlying land use designation is Medium Density Residential. SPIN Neighborhood #15. 10 WITHDRAWN BY THE APPLICANT. 11 12 CONSENT AGENDA ITEM # 6, ZA07-060, ZONING CHANGE AND CONCEPT PLAN FOR 13 SOUTH VILLAGE AT WATERMERE: 14 The property is legally described as Tract 4C & 41), J.G. Allen Survey, Abstract No. 18 and is 15 located at 2271 Union Church Road. The current zoning is "AG" Agricultural District. The 16 requested zoning is "S-P-2" Generalized Site Plan District. SPIN Neighborhood #15. 17 WITHDRAWN BY THE APPLICANT. 18 19 CONSENT AGENDA ITEM # 7, ZA07-061, ZONING CHANGE AND DEVELOPMENT PLAN 20 FOR SOUTH VILLAGE AT WATERMERE: 21 The property is legally described as Portions of Tracts 6A & 6A2, J. Allen Survey, Abstract No. 18 22 and is located at 2271 Union Church Road. The current zoning is "AG" Agricultural District. The 23 requested zoning is "TZD" Transition District. SPIN Neighborhood #15. 24 WITHDRAWN BY THE APPLICANT. 25 26 CONSENT AGENDA ITEM # 8 ZA07-062 PRELIMINARY PLAT FOR SOUTH VILLAGE AT 27 WATERMERE: 28 The property is legally described as Tracts 4C, 4D, 6A2, J. Allen Survey, Abstract No. 18 and is 29 located at 2271 Union Church Road. SPIN Neighborhood #15. 30 WITHDRAWN BY THE APPLICANT. 31 32 33 Motion was made to approve the Consent Agenda, as presented. 34 35 Motion: Bledsoe 36 Second: Hudson 37 Ayes: Peebles, Bledsoe, Wang, Hudson, Springer, Faglie, Morin 38 Nays: None 39 Approved: 7-0 40 Motion carried. 41 42 43 AGENDA ITEM # 9, ZA06-003, ZONING CHANGE: 44 Senior Planner Ben Bryner presented this item to the Commission for a zoning change. The property Planning and Zoning Commission Meeting Minutes on July 19, 2007. 2 I is described as approximately 2.24 acres of land being a portion of Tracts 2A, 2B 1 and 3A in the T. 2 Mahan Survey Abstract No. 1049 and being approximately 1200 feet west of N. Kimball Avenue and 3 approximately 600 feet south of E. Highland Street. The current zoning is "NR-PUD" Non- 4 Residential Planned Unit Development District. The requested zoning is "AG" Agricultural District. 5 SPIN Neighborhood # 6. The Owner/Applicant is Riordan Capital Properties. 6 7 Doug Sluiter, Gateway Church, presented this item to the Commission. 8 9 Chairman Morin opened the public hearing. 10 I 1 No one came from the audience came forward to speak. 12 13 Chairman Morin closed the public hearing and called for discussion. 14 15 Motion was made to approve ZA06-003 as presented. 16 17 Motion: Bledsoe 18 Second: Faglie 19 Ayes: Peebles, Bledsoe, Wang, Hudson, Springer, Faglie, Morin 20 Nays: None 21 Approved: 7-0 22 Motion carried. 23 24 Commissioner Peebles recused himself from the following agenda item. An affidavit stating Conflict 25 of Interest has been filed with the City Secretary's office. 26 27 28 AGENDA ITEM # 10, ZA07-019, PRELIMINARY PLAT FOR TEALWOOD: 29 Senior Planner Ben Bryner presented this item to the Commission for a preliminary plat. The 30 property is described as Tract 2171, J. Gibson Survey, Abstract No. 591 and is located at 1589 E. 31 Continental Blvd. The current zoning is TZD Transition Zoning District. SPIN Neighborhood # 7. 32 The Owner is Robert Lemke and the Applicant is Four Peaks Development Company. 33 34 Tom Matthews, Four Peaks Development Company, presented this item to the Commission. 35 36 Chairman Mori n opened the public hearing. 37 38 No one from the audience came forward to speak. 39 40 Chairman Morin closed the public hearing and called for discussion. 41 42 Motion was made to approve ZA07-019 subject to Plat Review Summary No. 3, dated July 13, 43 2007. 44 Motion: Bledsoe Planning and Zoning Commission Meeting Minutes on July 19, 2007. 3 I Second: Hudson 2 Ayes: Bledsoe, Wang, Hudson, Springer, Faglie, Morin 3 Nays: None 4 Approved: 6-0 5 Motion carried. 6 7 8 AGENDA ITEM # 11, ORDINANCE 480-000: 9 Chief Planner Jay Narayana presented this item to the Commission for miscellaneous amendments to 10 the Comprehensive Zoning Ordinance 480, as amended, relating to accessory structure standards in 11 residential zoning districts. 12 13 Chairman Morin opened the public hearing. 14 15 Robert Gray, 520 W. Highland, Southlake, TX discussed the proposed ordinance and stated some of 16 his concerns. 17 18 Stephen Oren, 2050 Shady Oaks, Southlake, TX also had wording suggestions; he wanted more 19 flexibility. 20 21 Robert Gray, 520 W. Highland, Southlake, TX continued to discuss his issues. 22 23 The Commission discussed the issues and made suggestions to staff... they agreed to table the item. 24 25 Chairman Morin closed the public hearing. 26 27 Motion was made to table Ordinance 480-QQQ to August 9, 2007. 28 29 Motion: Bledsoe 30 Second: Hudson 31 Ayes: Peebles, Bledsoe, Wang, Hudson, Springer, Faglie, Morin 32 Nays: None 33 Approved: 7-0 34 Motion carried. 35 36 Chairman Morin adjourned the meeting at 8:04:56 p.m. on July 19, 2007. 37 38 39 40 43 Al Morin 44 Chairman 45 Planning and Zoning Commission Meeting Minutes on July 19, 2007. 4 1 ATTEST: 2 3 4 5 ~ r 8 Je ifer Cr sby 9 Acting Administrative Secretary Planning and Zoning Commission Meeting Minutes on July 19, 2007. 5 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § 'OUNTY OF TARRAN§ I ~ 4 2 I, a&6~_5 as a member of the of the City of Southlake, make this affidavit and hereby on oath state the following: I, my spouse, and/or a 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:0 I C, COMPLETE (A) or (B): (A) The business entity is (name))- or (B) The real property is located at: eo' yi / ~y7~Z1 ./_'S ~~d 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. Signed this 4 day of 20V7 Signa re of Official .'he State of Texas § County of Tarrant § Before me, Try U.- I' L"' on this day personally appeared G 17 e-~-Uu--s known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument 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 day of AI AI k5,1 - (SEAL) 111\}1~91191l IIIllllllll/!!!!' 7C, Rc-t~- Notary P lic in and for the State of Texas tiF St}~ IF ~i ,t1.• e CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § 'OUNTY OF TARRANT § 4 as a member of the 2.- of the City of Southlake, make this affidavit and hereby on oath state the following: I, my spouse, and/or a 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: COMPLETE (A) or (B): (A) The business entity is (name)- or (B) The real property is located at~j~ ~c / r~ Prr~ %`~j /✓G~ 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. Signed this A day of I 5200.