2007-08-09 P&Z Meeting
PLANNING AND ZONING COMMISSION MEETING: August 9, 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 19,
2007.
3. Administrative Comments
CONSENT AGENDA:
4. Consent: ORDINANCE 480-QQQ, MISCELLANEOUS AMENDMENTS TO THE
COMPREHENSIVE ZONING ORDINANCE 480, AS AMENDED, RELATING
TO ACCESSORY STRUCTURE STANDARDS IN RESIDENTIAL ZONING
DISTRICTS.
THIS ITEM HAS BEEN TABLED UNTIL AUGUST 23, 2007, THE
PUBLIC HEARING WILL BE CONTINUED AT THAT TIME.
REGULAR AGENDA:
5. Consider: ZA05-113, PRELIMINARY PLAT FOR GATEWAY CHURCH - SH 114
CAMPUS located along the north side of the 1200 - 1800 blocks of State
Highway No. 114, along the south side of the 1300 - 1800 blocks of E. Highland
St. and along the west side of the 600 - 900 blocks of N. Kimball Ave and is
approximately 600 feet east of North Carroll Avenue, Southlake, Texas. The
current zoning is "NR-PUD" Non-Residential Planned Unit Development District
and "AG" Agricultural District. SPIN Neighborhood # 6.
PUBLIC HEARING
PLANNING AND ZONING COMMISSION AGENDA
Augur[ 9, 2007
PAGE2
6. Consider: ZA07-069, PRELIMINARY PLAT FOR TRIPLE CROWN ESTATES on
property being legally described as Tract 2131, J.L. Chivers Survey, Abstract No.
384 and being located at 930 E. Dove Street, Southlake, Texas. The current
zoning is "SF-1A" Single Family Residential District. SPIN Neighborhood # 3.
PUBLIC HEARING
7. Consider: ZA07-070, ZONING CHANGE AND CONCEPT PLAN FOR WOODBURY
ADDITION on property being legally described as Lot 1, T.J. Thompson, No. 1502
Addition; Tracts 1B1A1 & 1B1A, T.J. Thompson Survey, Abstract No. 1502;
located at 2100, 2020, and 2030 W. Continental Blvd., Southlake, Texas. The
current zoning is "SF-30" Single Family Residential District, "AG" Agricultural
District, "S-P-1" Detailed Site Plan District. The requested zoning is "SF-20A"
Single Family Residential District. SPIN Neighborhood # 16.
PUBLIC HEARING
8. Consider: ZA07-071, PRELIMINARY PLAT FOR WOODBURY ADDITION on property
being legally described as Lot 1, T.J. Thompson, No. 1502 Addition; Tracts 1B1A1
& 1B1A, T.J. Thompson Survey, Abstract No. 1502; located at 2100, 2020, and
2030 W. Continental Blvd., Southlake, Texas. The current zoning is "SF-30" Single
Family Residential District, "AG" Agricultural District, "S-P-1" Detailed Site Plan
District. The proposed zoning is "SF-20A" Single Family Residential District. SPIN
Neighborhood # 16.
PUBLIC HEARING
9. Consider: ZA07-085, ZONING CHANGE AND CONCEPT PLAN FOR SHADY OAKS
being approximately 96.3 acres located on the west side of the 800 - 1100 blocks of
Shady Oaks Drive and on the east side of the 1000 - 1200 blocks of N. Peytonville
Avenue, specifically including properties located at 820, 910, 1020 Shady Oaks
Drive and 985, 1005, and 1125 N. Peytonville Avenue Southlake, Texas. The
current zoning is "AG" Agricultural District. The requested zoning is "SF-20A"
Single Family Residential District. SPIN Neighborhood # 13.
PUBLIC HEARING
10. Consider: ZA07-086, PRELIMINARY PLAT FOR SHADY OAKS being approximately 96.3
acres located on the west side of the 800 - 1100 blocks of Shady Oaks Drive and on
the east side of the 1000 - 1200 blocks of N. Peytonville Avenue, specifically
including properties located at 985, 1005, and 1125 N. Peytonville Avenue and 820,
910, 1020 Shady Oaks Drive, Southlake, Texas. The current zoning is "AG"
Agricultural District. The requested zoning is "SF-20A" Single Family Residential
District. SPIN Neighborhood # 13.
PUBLIC HEARING
PLANNING AND ZONING COMMISSION AGENDA
August 9, 2007
PAGE 3
11. Consider: ZA07-089, SPECIFIC USE PERMIT TO ALLOW A TENT FOR THE PURPOSE
OF PROMOTING RETAIL SALES - ADVENTURE GOLF CARS; on property
located at 275 Commerce Street, Southlake, Texas. The current zoning is 44S-P-1"
Detailed Site Plan District. SPIN Neighborhood # 7.
PUBLIC HEARING
12. Consider: ZA07-095, SPECIFIC USE PERMIT TO ALLOW A TENT FOR THE PURPOSE
OF PROMOTING RETAIL SALES - AMERICAN BACKYARD; on property
located at 200 N. Kimball Avenue, Southlake, Texas. The current zoning is "C-3"
General Commercial District. SPIN Neighborhood # 8.
PUBLIC HEARING
13. Consider: ZA07-096, SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT -
OKTOBERFEST; on property located at Southlake Town Square at the northeast
corner of Southlake Boulevard and Carroll Avenue, Southlake, Texas. The current
zoning is "DT" Downtown District. SPIN Neighborhood # 8.
PUBLIC HEARING
14. 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, August 3, 2007, by 6:00 p.m., pursuant to the Texas
Government Code, Chapter 551.
pUT
Lori Payne, TRMC
City Secretary
,11111//1111011\\
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.
1 REGULAR PLANNING AND ZONING
2 COMMISSION MEETING MINUTES
3 August 9, 2007
4
5 COMMISSIONERS PRESENT: Chairman Al Morin, and Commissioners, Jeff Wang, Robert
6 Hudson, Michael Springer, CD Peebles and Darrell Faglie.
7
8 COMMISSIONERS ABSENT: Vice Chairman Brandon Bledsoe
9
10 CITY STAFF PRESENT: Ken Baker, Planning Director; Dennis Killough, Chief Planner; Clayton
11 Comstock, Planner; Gordon Mayer, City Engineer; Cheryl Taylor, Civil Engineer; Michael James,
12 Civil Engineer; and Lorrie Fletcher, Administrative Secretary.
13
14 Chairman Morin called the regular meeting to order at 6:45 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 19, 2007.
20
21 Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on
22 July 19, 2007, as presented.
23
24 Motion: Hudson
25 Second: Faglie
26 Ayes: Wang, Hudson, Springer, Faglie, Peebles, Morin
27 Nays: None
28 Approved: 6-0
29 Motion carried.
30
31
32 AGENDA ITEM # 3, ADMINISTRATIVE COMMENTS:
33 Ken Baker announced the Boards and Commissions Orientation scheduled for October 17, 2007,
34 5:30 p.m. He congratulated the re-appointed Commissioners; Darrell Faglie, Robert Hudson, and
35 Michael Springer. Lorrie Fletcher administered the Oath of Office.
36
37 Chairman Morin announced the consent agenda items.
38
39
40 CONSENT AGENDA ITEM # 4, ORDINANCE 480-OQQ, MISCELLANEOUS AMENDMENTS
41 TO THE COMPREHENSIVE ZONING ORDINANCE 480, AS AMENDED RELATING TO
42 ACCESSORY STRUCTURE STANDARDS IN RESIDENTIAL ZONING DISTRICTS:
43 THIS ITEM HAS BEEN TABLED UNTIL AUGUST 23, 2007, THE PUBLIC HEARING
44 WILL BE CONTINUED AT THAT TIME.
Planning and Zoning Commission Meeting Minutes on August 9, 2007. 1
I Motion was made to approve the Consent Agenda as presented.
2
3 Motion: Hudson
4 Second: Faglie
5 Ayes: Wang, Hudson, Springer, Faglie, Peebles, Morin
6 Nays: None
7 Approved: 6-0
8 Motion carried.
9
10 Chairman Morin announced that due to the length of the agenda, items 11, 12, and 13 would be
11 heard next.
12
13
14 AGENDA ITEM # 11, ZA07-089, SPECIFIC USE PERMIT TO ALLOW A TENT FOR THE
15 PURPOSE OF PROMOTING RETAIL SALES - ADVENTURE GOLF CARS:
16 Planner Clayton Comstock presented this item to the Commission for a specific use permit on
17 property located at 275 Commerce Street, Southlake, Texas. The current zoning is "S-P-1" Detailed
18 Site Plan District. SPIN Neighborhood # 7. The Owner/Applicant is Adventure Golf Cars.
19
20 Leslie Scott, Co-Owner Adventure Golf Cars, presented this item to the Commission.
21
22 Chairman Morin opened the public hearing.
23
24 No one from the audience came forward to speak.
25
26 Chairman Morin closed the public hearing and called for discussion.
27
28 Leslie Scott returned to the podium to answer additional questions.
29
30 Motion was made to approve ZA07-089, subject to the staff report; stipulating the tent will only be
31 set up on the following dates: September 3, 7, 8, 14, 15, 21 & 22, 2007; and also approving the
32 proposed sign.
33
34 Motion: Hudson
35 Second: Faglie
36 Ayes: Wang, Hudson, Springer, Faglie, Morin
37 Nays: Peebles
38 Approved: 5-1
39 Motion carried.
40
41
42 AGENDA ITEM # 12, ZA07-095 SPECIFIC USE PERMIT TO ALLOW A TENT FOR THE
43 PURPOSE OF PROMOTING RETAIL SALES - AMERICAN BACKYARD:
44 Chief Planner Dennis Killough presented this item to the Commission for a specific use permit on
Planning and Zoning Commission Meeting Minutes on August 9, 2007. 2
I property located at 200 N. Kimball Avenue, Southlake, Texas. The current zoning is "C-3" General
2 Commercial District. SPIN Neighborhood # 8. The Owner/Applicant is American Backyard.
3
4 Dean Lukino, President, American Backyard, presented this item to the Commission.
5
6 Chairman Morin opened the public hearing.
7
8 No one from the audience came forward to speak.
9
10 Chairman Morin closed the public hearing and called for discussion.
11
12 Dean Lukino made some clarifications as to the number of days of the sale.
13
14 Motion was made to approve ZA07-095, subject to the staff report as presented; and, approving the
15 proposed banner.
16
17 Motion: Hudson
18 Second: Faglie
19 Ayes: Wang, Hudson, Springer, Faglie, Morin
20 Nays: Peebles
21 Approved: 5-1
22 Motion carried.
23
24
25 AGENDA ITEM # 13, ZA07-0961 SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT
26 - OKTOBERFEST:
27 Chief Planner Dennis Killough presented this item to the Commission for a specific use permit on
28 property located at Southlake Town Square at the northeast corner of Southlake Boulevard and
29 Carroll Avenue, Southlake, Texas. The current zoning is "DT" Downtown District. SPIN
30 Neighborhood # 8 The Owner is the City of Southlake. The Applicant is Southlake Chamber of
31 Commerce.
32
33 Alan Smith, Southlake Chamber of Commerce, presented this item to the Commission.
34
35 Chairman Morin opened the public hearing.
36
37 No one from the audience came forward to speak.
38
39 Chairman Morin closed the public hearing and called for discussion.
40
41 Motion was made to approve ZA07-096, subject to the staff report as presented.
42
43 Motion: Hudson
44 Second: Faglie
Planning and Zoning Commission Meeting Minutes on August 9, 2007. 3
I Ayes: Wang, Hudson, Springer, Faglie, Peebles, Morin
2 Nays: None
3 Approved: 6-0
4 Motion carried.
5
6
7 AGENDA ITEM # 5. ZA05-113, PRELIMINARY PLAT FOR GATEWAY CHURCH - SH 114
8 CAMPUS:
9 Chief Planner Dennis Killough presented this item to the Commission for a preliminary plat on
10 property located along the north side of the 1200 -1800 blocks of State Highway No. 114, along the
11 south side of the 1300 - 1800 blocks of E. Highland St. and along the west side of the 600 - 900
12 blocks of N. Kimball Ave and is approximately 600 feet east of North Carroll Avenue, Southlake,
13 Texas. The current zoning is "NR-PUD" Non-Residential Planned Unit Development District and
14 "AG" Agricultural District. SPIN Neighborhood # 6. The Owners are Gateway Church and Carroll
15 Independent School District. The Applicant is Kimley-Horn & Associates.
16
17 Doug Sluiter, Gateway Church, presented this item to the Commission.
18
19 Chairman Morin opened the public hearing.
20
21 No one from the audience came forward to speak.
22
23 Chairman Morin closed the public hearing and called for discussion.
24
25 Motion was made to approve ZA05-113, subject to Plat Review Summary No. 4, dated August 3,
26 2007; granting the requested variance.
27
28 Motion: Hudson
29 Second: Faglie
30 Ayes: Wang, Hudson, Springer, Faglie, Peebles, Morin
31 Nays: None
32 Approved: 6-0
33 Motion carried.
34
35
36 AGENDA ITEM # 6. ZA07-069, PRELIMINARY PLAT FOR TRIPLE CROWN ESTATES:
37 Chief Planner Dennis Killough presented this item to the Commission for a preliminary plat on
38 property being legally described as Tract 2131, J.L. Chivers Survey, Abstract No. 384 and being
39 located at 930 E. Dove Street, Southlake, Texas. The current zoning is "SF-IA" Single Family
40 Residential District. SPIN Neighborhood # 3. The Owner is Triple Crown JV. The Applicant is
41 Adams Engineering.
42
43 Michael James presented the city water and sewer information.
44
Planning and Zoning Commission Meeting Minutes on August 9, 2007. 4
I Jay Reissig, Adams Engineering, presented this item to the Commission.
2
3 Chairman Morin opened the public hearing.
4
5 No one from the audience came forward to speak.
6
7 Chairman Morin closed the public hearing and called for discussion.
8
9 Motion was made to approve ZA07-069, subject to Plat Review Summary No. 3, dated August 3,
10 2007.
11
12 Motion: Hudson
13 Second: Faglie
14 Ayes: Wang, Hudson, Springer, Faglie, Peebles, Morin
15 Nays: None
16 Approved: 6-0
17 Motion carried.
18
19
20 AGENDA ITEM # 7 ZA07-070 ZONING CHANGE AND CONCEPT PLAN FOR WOODBURY
21 ADDITION:
22 Planner Clayton Comstock presented this item to the Commission for a zoning change and concept
23 plan on property being legally described as Lot 1, T.J. Thompson, No. 1502 Addition; Tracts 1 B 1 Al
24 & 1 B 1 A, T.J. Thompson Survey, Abstract No. 1502; located at 2100, 2020, and 2030 W.
25 Continental Blvd., Southlake, Texas. The current zoning is "SF-30" Single Family Residential
26 District, "AG" Agricultural District, "S-P-1" Detailed Site Plan District. The requested zoning is
27 "SF-20A" Single Family Residential District. SPIN Neighborhood # 16. The Owners are Timothy &
28 Lori Livingston, Larry & Denise Overby, and James Arca. The Applicant is Four Peaks Development
29 Inc.
30
31 AGENDA ITEM # 8, ZA07-071, PRELIMINARY PLAT FOR WOODBURY ADDITION:
32 Planner Clayton Comstock presented this item to the Commission for a preliminary plat on property
33 being legally described as Lot 1, T.J. Thompson, No. 1502 Addition; Tracts 1 B 1 A 1 & 1 B 1 A, T.J.
34 Thompson Survey, Abstract No. 1502; located at 2100, 2020, and 2030 W. Continental Blvd.,
35 Southlake, Texas. The current zoning is "SF-30" Single Family Residential District, "AG"
36 Agricultural District, "S-P-1" Detailed Site Plan District. The proposed zoning is "SF-20A" Single
37 Family Residential District. SPIN Neighborhood # 16. The Owner/Applicant is Four Peaks
38 Development Inc.
39
40 Cheryl Taylor presented the city water and sewer information.
41
42 David McMahan, Four Peaks Development, Inc., presented these items to the Commission and
43 discussed the requested variances.
44
Planning and Zoning Commission Meeting Minutes on August 9, 2007. 5
I Chairman Morin opened the public hearing for ZA07-070 and read the cards from those that did not
2 wish to speak:
3
4 Tim and Lori Livingston, Owners-2020 W. Continental, Southlake, Texas, in favor.
5 Larry and Denise Overby, 2100 W. Continental, Southlake, Texas, in favor.
6
7 The following people spoke:
8
9 David Robinson, 1904 Amesbury, Southlake, Texas was concerned about drainage.
10
11 Susan French, 1335 Village Green Drive, Southlake, Texas asked more drainage questions and asked
12 about elevation changes. She also asked about the sidewalk plans and trees.
13
14 David McMahan addressed the issues.
15
16 Chairman Morin closed the public hearing and called for discussion.
17
18 Chairman Morin opened the public hearing for ZA07-071.
19
20 No one from the audience came forward to speak.
21
22 Chairman Morin closed the public hearing and called for discussion.
23
24 Motion was made to approve ZA07-070, subject to Concept Plan Review Summary No. 3, dated
25 August 3, 2007; denying the requested variance to the sidewalk requirement along W. Continental
26 Blvd; approving the requested variance to 50' street width requirement with the exception to the cul-
27 de-sac; and noting the applicant will obtain a letter of approval from the Fire Marshall regarding the
28 undersized cul-de-sac.
29
30 Motion: Hudson
31 Second: Faglie
32 Ayes: Wang, Hudson, Springer, Faglie, Morin
33 Nays: Peebles
34 Approved: 5-1
35 Motion carried.
36
37
38 Motion was made to approve ZA07-071, subject to Plat Review Summary No. 3, dated August 3,
39 2007; with the same stipulations stated in the zoning - denying the requested variance to the sidewalk
40 requirement along W. Continental Blvd; approving the requested variance to 50' street width
41 requirement with the exception to the cul-de-sac; and noting the applicant will obtain a letter of
42 approval from the Fire Marshall regarding the undersized cul-de-sac.
43
44 Motion: Hudson
Planning and Zoning Commission Meeting Minutes on August 9, 2007. 6
I Second: Faglie
2 Ayes: Wang, Hudson, Springer, Faglie, Morin
3 Nays: Peebles
4 Approved: 5-1
5 Motion carried.
6
7
8 AGENDA ITEM # 9, ZA07-085, ZONING CHANGE AND CONCEPT PLAN FOR SHADY
9 OAKS:
10 Chief Planner Dennis Killough presented this item to the Commission for a zoning change and
11 concept plan on property being approximately 96.3 acres located on the west side of the 800 - 1100
12 blocks of Shady Oaks Drive and on the east side of the 1000 - 1200 blocks of N. Peytonville
13 Avenue, specifically including properties located at 820, 910,1020 Shady Oaks Drive and 985, 1005,
14 and 1125 N. Peytonville Avenue Southlake, Texas. The current zoning is "AG" Agricultural District.
15 The requested zoning is "SF-20A" Single Family Residential District. SPIN Neighborhood # 13.
16 The Owner/Applicant is Terra Shady Oaks.
17
18 AGENDA ITEM # 10, ZA07-086, PRELIMINARY PLAT FOR SHADY OAKS:
19 Chief Planner Dennis Killough presented this item to the Commission for a preliminary plat on
20 property being approximately 96.3 acres located on the west side of the 800 -1100 blocks of Shady
21 Oaks Drive and on the east side of the 1000 - 1200 blocks of N. Peytonville Avenue, specifically
22 including properties located at 985, 1005, and 1125 N. Peytonville Avenue and 820, 910, 1020
23 Shady Oaks Drive, Southlake, Texas. The current zoning is "AG" Agricultural District. The
24 requested zoning is "SF-20A" Single Family Residential District. SPIN Neighborhood # 13. The
25 Owner/Applicant is Terra Shady Oaks.
26
27 Cheryl Taylor presented the city water and sewer information.
28
29 Kosse Maykus, Terra Shady Oaks, presented these items to the Commission.
30
31 Paul Spain, Terra Shady Oaks, continued with the presentation.
32
33 Kosse Maykus returned to the podium to discuss project details.
34
35 Chairman Morin opened the public hearing for ZA07-085 and read cards from those that did not
36 wish to speak:
37
38 Jan & Doug Anderson, 901 Raven Bend Ct., Southlake, TX in favor.
39 Gary Reynolds, 906 Turnberry Ln., Southlake, TX in favor.
40 Beverly McDonald, 587 Shady Oaks Drive, Southlake, TX opposed.
41
42 The following people spoke:
43
44 Monty Hardy, 1100 N. Shady Oaks, Southlake, TX spoke in opposition. He was concerned about
Planning and Zoning Commission Meeting Minutes on August 9, 2007. 7
I drainage and flooding. He was also concerned about security. He spoke about additional traffic;
2 discussing specifically school traffic.
3
4 Betty Runyan, 979 Shady Oaks, Southlake, TX spoke with concerns about drainage. She stated she
5 liked the proposed look of the development. She asked several questions about the project.
6
7 Hugh Sherer, 620 Shady Oaks, Southlake, TX spoke in opposition. He was concerned about traffic;
8 he didn't like the proposed masonry fence; he was concerned about drainage; he stated the plan did
9 not show enough green space; he wanted to save trees; he was worried about the construction dust.
10
11 Bill Runyan, 979 Shady Oaks, Southlake, TX gave a little history of the property and the flood plain.
12 He was very concerned about drainage.
13
14 James Hendricks, 630 Shady Oaks, Southlake, TX talked about the trees.
15
16 Elizabeth Johnston, 1101 Travist Ct., Southlake, TX stated the plan tonight does not look like the
17 original plan showed to homeowners. She asked about the existing fencing. She stated that the
18 development was supposed to be 30% green space. She was very concerned about drainage.
19
20 Elesh Modi, 604 Loving Ct., Southlake, TX didn't like the layout. He was concerned about traffic. He
21 talked about flooding and how these new houses might affect property values.
22
23 Hugh Mazy, 906 Brazos, Southlake, TX also talked about the original plan that was shown to the
24 homeowners... it was a much different plan.
25
26 Michelle Packard, 904 Turnberry Ln., Southlake, TX talked about the original plan and how it
27 contained 50 additional homes. She was in support of this project and the plan proposed tonight.
28
29 Chairman Morin closed the public hearing and called for discussion.
30
31 Paul Spain and Kosse Maykus returned to the podium to address the issues raised. After much
32 discussion, they requested to table their items until August 23, 2007.
33
34 Motion was made to table ZA07-085 until August 23, 2007.
35
36 Motion: Hudson
37 Second: Faglie
38 Ayes: Wang, Hudson, Springer, Faglie, Peebles, Morin
39 Nays: None
40 Approved: 6-0
41 Motion to table carried.
42
43 Motion was made to table ZA07-086 until August 23, 2007.
44 Motion: Hudson
Planning and Zoning Commission Meeting Minutes on August 9, 2007. 8
I Second: Faglie
2 Ayes: Wang, Hudson, Springer, Faglie, Peebles, Morin
3 Nays: None
4 Approved: 6-0
5 Motion to table carried.
6
7 Chairman Morin adjourned the meeting at 11:21:22 p.m. on August 9, 2007.
8
9
10
12
14 r
15 Al Morin
16 Chairman
17
18 ATTEST:
19
20
21
~4 F
25 Lorrie F etcher
26 Administrative Secretary
Planning and Zoning Commission Meeting Minutes on August 9, 2007. 9