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2007-08-23 P&Z Meeting h ~ PLANNING AND ZONING COMMISSION MEETING: August 23, 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. a) Seek advice of the city attorney regarding oil and gas drilling regulations. 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 August 9, 2007. 3. Administrative Comments CONSENT AGENDA: 4. Consent: CP07-005, AN AMENDMENT TO THE CITY'S MASTER PLAN AS IT PERTAINS TO OIL AND GAS DRILLING AND PRODUCTION. THIS ITEM HAS BEEN TABLED UNTIL SEPTEMBER 6, 2007 5. Consent: ORDINANCE 480-RRR, AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO OIL AND GAS DRILLING AND PRODUCTION. THIS ITEM HAS BEEN TABLED UNTIL SEPTEMBER 6, 2007 6. Consent: ZA07-094, FINAL PLAT FOR TEALWOOD located at 1589 E. Continental Boulevard. The current zoning is "TZD" Transition Zoning District. SPIN Neighborhood # 7. PLANNING AND ZONING COMMISSION AGENDA August 23, 2007 PAGE2 REGULAR AGENDA: 7. 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 8. Consider: ZA07-080, ZONING CHANGE AND CONCEPT PLAN FOR 1090 PRIMROSE LANE on property being legally described as Tract 2C2, A.H. Chivers Survey, Abstract No. 299 and being located at 1090 Primrose Ln. The current zoning is "AG" Agricultural District. The requested zoning is "SF-30" Single Family Residential District. SPIN Neighborhood # 5. 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 11. Consider: CP07-003, COMPREHENSIVE LAND USE PLAN AMENDMENT FOR SOUTH VILLAGE AT WATERMERE, being approximately 33.72 acres located at 2271 Union Church Rd, 2811 W Southlake Blvd, 2809 W Southlake Blvd, 2815 W Southlake Blvd, 2801 W Southlake Blvd, 2477 Union Church Rd, 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. PUBLIC HEARING PLANNING AND ZONING COMMISSION AGENDA August 23, 2007 PAGE3 12. Consider: ZA07-097, ZONING CHANGE AND CONCEPT PLAN FOR SOUTH VILLAGE AT WATERMERE on property being legally described as Tracts 4F, 4F1, 5AIB, 6A1, & 6134 and a portion of Tracts 4D, 4G, & 6A, J. G. Allen Survey, Abstract No. 18 and being located at 2271 Union Church Rd, 2811 W Southlake Blvd, 2809 W Southlake Blvd, 2815 W Southlake Blvd, 2801 W Southlake Blvd, 2477 Union Church Rd, 2451 Union Church Rd. The current zoning is "AG" Agricultural District. The requested zoning is "S-P-2" Generalized Site Plan District. SPIN Neighborhood #15. PUBLIC HEARING 13. Consider: ZA07-098, ZONING CHANGE AND DEVELOPMENT PLAN FOR SOUTH VILLAGE AT WATERMERE on property being legally described as Tract 4C & 6A2 and a portion of Tracts 4D & 6A, J.G. Allen Survey, Abstract No. 18 and being located at 2271 Union Church Rd, 2451 Union Church Rd. The current zoning is "AG" Agricultural District. The requested zoning is "R-PUD" Residential Planned Unit Development District. SPIN Neighborhood # 15 PUBLIC HEARING 14. Consider: ZA07-099, PRELIMINARY PLAT FOR SOUTH VILLAGE AT WATERMERE on property being legally described as Tracts 4C, 4D, 6A2, and a portion of 6A, J.G. Allen Survey, Abstract No. 18 and being located at 2271 Union Church Rd, 2451 Union Church Rd. The current zoning is "AG" Agricultural District. The proposed zoning is "S-P-2" Generalized Site Plan District. SPIN Neighborhood #15. PUBLIC HEARING 15. 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 17, 2007, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. G,.........,arils 1 4k r7o V T, I j' .A . Lori Payne, TRMC c City Secretary c v c If you plan to attend this publi&,me t an % ave a disability that requires special needs, please advise the City Secretary 48 hours'Ift. nce at 817-748-8016, and reasonable accommodations will be made to assist you. I REGULAR PLANNING AND ZONING 2 COMMISSION MEETING MINUTES 3 August 23, 2007 4 5 COMMISSIONERS PRESENT: Vice Chairman Brandon Bledsoe and Commissioners, Jeff Wang, 6 Robert Hudson, Michael Springer, CD Peebles and Darrell Faglie. 7 8 COMMISSIONERS ABSENT: Chairman Al Morin 9 10 CITY STAFF PRESENT: Ken Baker, Planning Director; Dennis Killough, Chief Planner; Jayashree I 1 Narayana, Chief Planner; Clayton Comstock, Planner; Gordon Mayer, City Engineer; Cheryl Taylor, 12 Civil Engineer; and Dianna Brawner, Acting Administrative Secretary. 13 14 Vice Chairman Bledsoe called the regular meeting to order at 6:34 p.m. 15 16 Vice Chairman Bledsoe called for an executive session in accordance with Texas Government Code, 17 Section 551.071, consultation with attorney. (6:35 p.m.) 18 19 Vice Chairman Bledsoe called the meeting back to order and asked if there was any action necessary 20 from the executive session. No action was necessary. (7:10 p.m.) 21 22 23 AGENDA ITEM # 2, APPROVAL OF MINUTES: 24 Vice Chairman Bledsoe opened discussion of the minutes of the Planning and Zoning Commission 25 meeting held on August 9, 2007. 26 27 Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on 28 August 9, 2007, as presented. 29 30 Motion: Hudson 31 Second: Faglie 32 Ayes: Wang, Hudson, Springer, Faglie, Peebles 33 Nays: None 34 Abstain: Bledsoe 35 Approved: 5-0-1 36 Motion carried. 37 38 39 AGENDA ITEM # 3, ADMINISTRATIVE COMMENTS: 40 Ken Baker announced the upcoming joint City Council and Planning and Zoning Commission work 41 session for the Urban Design Study, September 24, 2007 at 6 p.m. He also announced the City 42 Appointed Boards and Commissions Reception scheduled for October 17, 2007 at 5 p.m. with an 43 orientation following at 7 p.m. He stated the Planning Department and the Planning and Zoning 44 Commission received a Certificate of Achievement for Planning Excellence for 2007, awarded by Planning and Zoning Commission Meeting Minutes on August 23, 2007. 1 1 the Texas American Planning Association recognizing professional commitment of appointed and 2 elected officials of planning for the third straight year. 3 4 Vice Chairman Bledsoe announced the consent agenda items. 5 6 CONSENT AGENDA ITEM # 4, CP07-005, AN AMENDMENT TO THE CITY'S MASTER 7 PLAN AS IT PERTAINS TO OIL AND GAS DRILLING AND PRODUCTION: 8 THIS ITEM HAS BEEN TABLED UNTIL SEPTEMBER 6, 2007 9 10 CONSENT AGENDA ITEM # 5, ORDINANCE 480-RRR, AN AMENDMENT TO THE 11 COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO 12 OIL AND GAS DRILLING AND PRODUCTION: 13 THIS ITEM HAS BEEN TABLED UNTIL SEPTEMBER 6, 2007 14 15 CONSENT AGENDA ITEM # 6, ZA07-094, FINAL PLAT FOR TEALWOOD: 16 The property is located at 1589 E. Continental Boulevard. The current zoning is "TZD" Transition 17 Zoning District. SPIN Neighborhood # 7. The Owner is Robert Lemke. The Applicant is Four Peaks 18 Development. 19 20 Motion was made to approve Consent Agenda as presented. 21 22 Motion: Hudson 23 Second: Faglie 24 Ayes: Wang, Hudson, Springer, Faglie, Peebles, Bledsoe 25 Nays: None 26 Approved: 6-0 27 Motion carried. 28 29 30 AGENDA ITEM # 7 ORDINANCE 480-OQQ MISCELLANEOUS AMENDMENTS TO THE 31 COMPREHENSIVE ZONING ORDINANCE 480, AS AMENDED RELATING TO ACCESSORY 32 STRUCTURE STANDARDS W RESIDENTIAL ZONING DISTRICTS: 33 Chief Planner Jayashree Narayana presented this item to the Commission and discussed the summary 34 of changes since this item had been presented on July 19, 2007. 35 36 Vice Chairman Bledsoe opened the public hearing. 37 38 Robert Gray, 1275 Shady Oaks, Southlake, TX spoke in support and commented that there are more 39 or larger accessory structures on larger lots and this amendment gives owners more ability to replace 40 and improve existing structures. 41 42 Tim Raley, 440 W Highland, Southlake, TX stated he was unhappy with the present outcome of this 43 ordinance and felt there needed to be an increase from 3% to 4% for larger accessory structures. 44 Planning and Zoning Commission Meeting Minutes on August 23, 2007. 2 I Vice Chairman Bledsoe closed the public hearing and called for discussion. 2 3 Motion was made to approve 480-QQQ as presented. 4 5 Motion: Hudson 6 Second: Faglie 7 Ayes: Wang, Hudson, Springer, Faglie, Peebles, Bledsoe 8 Nays: None 9 Approved: 6-0 10 Motion carried. 11 12 13 AGENDA ITEM # 8, ZA07-080, ZONING CHANGE AND CONCEPT PLAN FOR 1090 14 PRIMROSE LANE: 15 Planner Clayton Comstock presented this item to the Commission for a zoning change and concept 16 plan on property being legally described as Tract 2C2, A.H. Chivers Survey, Abstract No. 299 and 17 being located at 1090 Primrose Ln. The current zoning is "AG" Agricultural District. The requested 18 zoning is "SF-30" Single Family Residential District. SPIN Neighborhood # 5. The 19 Owners/Applicants are Jerry and Kim Mills. 20 21 Andy Nold, Tri-Tech DFW Surveying, presented this item to the Commission. He stated the Zoning 22 Board of Adjustment approved his plan August 16, 2007. 23 24 Vice Chairman Bledsoe opened the public hearing. 25 26 No one from the audience came forward to speak. 27 28 Vice Chairman Bledsoe closed the public hearing and called for discussion. 29 30 Motion was made to approve ZA07-080, subject to Concept Plan Review Summary No. 2, dated 31 August 17, 2007; granting the requested variances. 32 33 Motion: Hudson 34 Second: Faglie 35 Ayes: Wang, Hudson, Springer, Faglie, Peebles, Bledsoe 36 Nays: None 37 Approved: 6-0 38 Motion carried. 39 40 41 AGENDA ITEM # 9 ZA07-085 ZONING CHANGE AND CONCEPT PLAN FOR SHADY 42 OAKS: 43 Chief Planner Dennis Killough presented this item to the Commission for a zoning change and 44 concept plan. The property being approximately 96.3 acres located on the west side of the 800 - Planning and Zoning Commission Meeting Minutes on August 23, 2007. 3 I I100 blocks of Shady Oaks Drive and on the east side of the 1000 -1200 blocks of N. Peytonville 2 Avenue, specifically including properties located at 820, 910,1020 Shady Oaks Drive and 985, 1005, 3 and 1125 N. Peytonville Avenue Southlake, Texas. The current zoning is "AG" Agricultural District. 4 The requested zoning is "SF-20A" Single Family Residential District. SPIN Neighborhood # 13. The 5 Owner/Applicant is Terra Shady Oaks. 6 7 AGENDA ITEM # 10, ZA07-086, PRELIMINARY PLAT FOR SHADY OAKS: 8 Chief Planner Dennis Killough presented this item to the Commission for a preliminary plat. The 9 property being approximately 96.3 acres located on the west side of the 800 -1100 blocks of Shady 10 Oaks Drive and on the east side of the 1000 - 1200 blocks of N. Peytonville Avenue, specifically 11 including properties located at 985, 1005, and 1125 N. Peytonville Avenue and 820, 910, 1020 12 Shady Oaks Drive, Southlake, Texas. The current zoning is "AG" Agricultural District. The 13 requested zoning is "SF-20A" Single Family Residential District. SPIN Neighborhood # 13. The 14 Owner/Applicant is Terra Shady Oaks. 15 16 Kosse Maykus, Co-Owner Terra Shady Oaks, presented these items to the Commission. He talked 17 about the changes that were made since tabling these items. 18 19 Vice Chairman Bledsoe opened the joint public hearing and read cards from those that did not wish 20 to speak: 21 22 • Bill Runyan, 979 Shady Oaks, Southlake, TX in support 23 • Teresa Riggs, 606 Loving Ct., Southlake, TX in support of the stone fence. Opposed to iron 24 fence; "I only support a stone/masonry fence (no iron) at the rear of Loving Court properties. 25 1 do not support option of iron." 26 • Matt & Michele Packard, 904 Turnberry, Southlake, TX in support 27 • Gary Reynolds, 906 Turnberry, Southlake, TX in support 28 • Kari & Robert Williams, 908 Turnberry, Southlake, TX in support 29 30 The following people spoke: 31 32 Jeff Kirby, 612 Loving Ct., Southlake, TX spoke in support. 33 34 Tony vaccaro, 1100 Travis Creek, Southlake, TX asked for clarity regarding the retention pond. 35 36 Vice Chairman Bledsoe closed the joint public hearing and called for discussion. 37 38 Kosse Maykus returned to the podium to address any questions. 39 40 Motion was made to approve ZA07-085, subject to Concept Plan Review Summary No. 3, dated 41 August 17, 2007; granting the requested variances. 42 43 Motion: Hudson 44 Second: Faglie Planning and Zoning Commission Meeting Minutes on August 23, 2007. 4 1 2 Motion was made to approve ZA07 -086, subject to Revised Plat Review Summary No. 2, dated 3 August 17, 2007, and the stipulations of the associated zoning and concept plan (ZA07 -085). 4 5 Motion: Hudson 6 Second: Faglie 7 Ayes: Wang, Hudson, Springer, Faglie, Bledsoe 8 Nays: Peebles 9 Approved: 5-1 10 Motion carried. 11 12 13 AGENDA ITEM # 11, CP07 -003, COMPREHENSIVE LAND USE PLAN AMENDMENT FOR 14 SOUTH VILLAGE AT WATERMERE: 15 Chief Planner Dennis Killough presented this item to the Commission for an amendment to the 16 Comprehensive Land Use Plan. The property being approximately 33.72 acres located at 2271 17 Union Church Rd, 2811 W Southlake Blvd, 2809 W Southlake Blvd, 2815 W Southlake Blvd, 2801 18 W Southlake Blvd, 2477 Union Church Rd, 2451 Union Church Rd. The current underlying land use 19 designation is Public /Semi- Public and the proposed underlying land use designation is Medium 20 Density Residential. SPIN Neighborhood #15. 21 22 AGENDA ITEM # 12, ZA07 -097, ZONING CHANGE AND CONCEPT PLAN FOR SOUTH 23 VILLAGE AT WATERMERE: 24 Chief Planner Dennis Killough presented this item to the Commission for a zoning change and 25 concept plan on property being legally described as Tracts 4F, 4F1, 5A1B, 6A1, & 6B4 and a 26 portion of Tracts 4D, 4G, & 6A, J.G. Allen Survey, Abstract No. 18 and being located at 2271 Union 27 Church Rd, 2811 W Southlake Blvd, 2809 W Southlake Blvd, 2815 W Southlake Blvd, 2801 W 28 Southlake Blvd, 2477 Union Church Rd, 2451 Union Church Rd. The current zoning is "AG" 29 Agricultural District. The requested zoning is "S -P -2" Generalized Site Plan District. SPIN 30 Neighborhood #15. The Owner /Applicant is Keller Watermere, L.P. & Southlake Watermark 31 Holdings, L.P. 32 33 AGENDA ITEM # 13, ZA07 -098, ZONING CHANGE AND DEVELOPMENT PLAN FOR 34 SOUTH VILLAGE AT WATERMERE: 35 Chief Planner Dennis Killough presented this item to the Commission for a zoning change and 36 development plan on property being legally described as Tract 4C & 6A2 and a portion of Tracts 4D 37 & 6A, J.G. Allen Survey, Abstract No. 18 and being located at 2271 Union Church Rd, 2451 Union 38 Church Rd. The current zoning is "AG" Agricultural District. The requested zoning is "R -PUD" 39 Residential Planned Unit Development District. SPIN Neighborhood #15. The Owner /Applicant is 40 Keller Watermere, L.P. & Southlake Watermark Holdings, L.P. 41 42 AGENDA ITEM # 14, ZA07 -099, PRELIMINARY PLAT FOR SOUTH VILLAGE AT 43 WATERMERE: 44 Chief Planner Dennis Killough presented this item to the Commission for a preliminary plat on Planning and Zoning Commission Meeting Minutes on August 23, 2007. 5 I AGENDA ITEM # 14, ZA07-099 PRELIMINARY PLAT FOR SOUTH VILLAGE AT 2 WATERMERE: 3 Chief Planner Dennis Killough presented this item to the Commission for a preliminary plat on 4 property being legally described as Tracts 4C, 4D, 6A2, and a portion of 6A, J.G. Allen Survey, 5 Abstract No. 18 and being located at 2271 Union Church Rd, 2451 Union Church Rd. The current 6 zoning is "AG" Agricultural District. The proposed zoning is "S-P-2" Generalized Site Plan District. 7 SPIN Neighborhood #15. The Owner/Applicant is Keller Watermere, L.P. & Southlake Watermark 8 Holdings, L.P. 9 10 Civil Engineer Cheryl Taylor presented water and sewer information. 11 12 Rick Simmons, Southlake Watermark Holdings, presented these items to the Commission. 13 14 The Commission held discussion with the applicant. 15 16 Joseph Reue, GSWW Inc., project engineer, addressed engineering issues raised. 17 18 Vice Chairman Bledsoe called for a break (9:24 p.m.) 19 20 Vice Chairman Bledsoe called the meeting back to order (9:35 p.m.) 21 22 Vice Chairman Bledsoe opened the joint public hearing. 23 24 Bob Couch, 2535 Union Church Rd, Southlake, TX was concerned about water run off and increased 25 traffic. He asked what the city would do about this potential problem. 26 27 John Royun speaking on behalf of Nancy Keller, 2906 W Southlake Blvd, Southlake, TX stated she 28 felt the drainage would be a major problem. She liked the project and stated the gated portion would 29 be good for the community. 30 31 David Ferris, 3100 Ironclad, Southlake, TX was concerned about fencing, stating masonry was 32 preferred over wood. He would also like to see stair step fencing since the elevation changes about 2 33 '/2 feet. He was also concerned about drainage. 34 35 Alan Schnacke, 535 Chesapeake Ln, Southlake, TX stated a masonry fence was preferred; he also 36 would like to see an 8' fence on the southern boundary. 37 38 Jay Behrens, 3100 Merrimac Ct, Southlake, TX was concerned about drainage. He liked the design 39 and the gated community. 40 41 Bob Lee, 555 Chesapeake Ln, Southlake, TX was concerned about traffic and hopes the sidewalk will 42 continue. He was excited about the project. 43 44 James Lee, 2905 Southlake Blvd, Southlake, TX spoke is support, however was concerned about Planning and Zoning Commission Meeting Minutes on August 23, 2007. 6 I drainage and access to his property. 2 3 Paul Schaffer, 2910 W Southlake Blvd, Southlake, TX concerned about getting sewer closer to his 4 property. 5 6 Kimiela & Joseph Mortazavi, 2651 Union Church Rd, Southlake, TX concerned about drainage and 7 traffic. 8 9 Will Gadelle, 3701 Sandmar, Colleyville, TX owns property at W Jellico Circle and FM 1709. He felt 10 a traffic light would be necessary at that corner. 11 12 Vice Chairman Bledsoe closed the joint public hearing and called for discussion. 13 14 Rick Simmons returned to the podium to answer additional questions. 15 16 Joseph Reue addressed the issue of storm drainage. 17 18 Motion was made to approve CP07-003, subject to the staff report as presented. 19 20 Motion: Hudson 21 Second: Faglie 22 Ayes: Wang, Hudson, Springer, Faglie, Peebles, Bledsoe 23 Nays: None 24 Approved: 6-0 25 Motion carried. 26 27 Motion was made to approve ZA07-097, as presented and subject to Concept Plan Review 28 Summary No. 1, dated August 17, 2007. 29 30 Motion: Hudson 31 Second: Faglie min 32 Ayes: Wang, Hudson, Springer, Faglie, Peebles, Bledsoe No 33 Nays: None 34 Approved: 6-0 35 Motion carried. 36 37 Motion was made to approve ZA07-098, as presented; granting the requested variances; allowing 38 the gated private streets and subject to the Development Plan Review Summary No. 1, dated August 39 17, 2007. 40 41 Motion: Hudson 42 Second: Faglie 43 Ayes: Wang, Hudson, Springer, Faglie, Peebles, Bledsoe 44 Nays: None Planning and Zoning Commission Meeting Minutes on August 23, 2007. 7 r. 1 Approved: 6-0 2 Motion carried. 3 4 Motion was made to approve ZA07 -099, subject to Plat Review Summary No. 1, dated August 17, 5 2007; granting the requested variance. 6 7 Motion: Hudson 8 Second: Faglie 9 Ayes: Wang, Hudson, Springer, Faglie, Peebles, Bledsoe 10 Nays: None 11 Approved: 6-0 12 Motion carried. 13 14 Vice Chairman Bledsoe adjourned the meeting at 11:20:51 p.m. on August 23, 2007. 15 16 17 18 19 P/56 (5 22 Brandon Bledsoe Z3 Vice Chairman 424 25 ATTEST: 26 27 28 32 Dianna Brawner 33 Acting Administrative Secretary Planning and Zoning Conunission Meeting Minutes on August 23, 2007. 8