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2009-02-19 P&Z Meeting I ` CITY OF SOUTHLAKE TEXAS PLANNING AND ZONING COMMISSION MEETING: Februa 19 2009 LOCATION: 1400 Main Street, Southlake, Texas 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 WORK SESSION: 5:30 P.M. 1. Discussion of all items on tonight's meeting agenda. 2. Discussion of Proposed Solar Energy Ordinance. 3. Discussion of Proposed modifications to On-site Sanitary Sewer System regulations. 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. Election of Vice-Chairman. 3. Approval of the minutes of the Special Planning and Zoning Commission meeting held on February 3, 2009. 4. Approval of the minutes of the Regular Planning and Zoning Commission meeting held on February 5, 2009. 5. Administrative Comments. REGULAR AGENDA: 6. Consider: ZA08-116, ZONING CHANGE AND SITE PLAN FOR CARROLL SENIOR HIGH SCHOOL on property being described as Lot 1 R, Block 1 R, Carroll High School Addition, Southlake, Tarrant County, Texas and being located at 1453 and 1501 W. Southlake Blvd. and 301 S. Peytonville Ave., Southlake, Texas. The current zoning is "S-P-1" - Detailed Site Plan District. The requested zoning is "S-P-1" - Detailed Site Plan District. SPIN Neighborhood # 16. PUBLIC HEARING I PLANNING AND ZONING COMMISSION AGENDA February 19, 2009 PAGE2 7. Consider: ZA08-066, ZONING CHANGE AND SITE PLAN FOR BRAD MOSS DENTAL OFFICE on property being described as Lot 2, Block 1, Chivers Park Addition and a portion of Lot 3, Block 1, Chivers Park Addition being located at 1210 N Carroll Ave, Southlake, TX. The current zoning is "01" - Office District and "CS" - Community Service District. The requested zoning is "01" - Office District. SPIN Neighborhood # 5. PUBLIC HEARING 8. Consider: ZA08-115, SPECIFIC USE PERMIT FOR CARPORTS AT BRAD MOSS DENTAL OFFICE on property being described as Lot 2, Block 1, Chivers Park Addition and a portion of Lot 3, Block 1, Chivers Park Addition being located at 1210 N Carroll Ave, Southlake, TX. The current zoning is "01" - Office District and "CS" - Community Service District. The requested zoning is "01" - Office District. SPIN Neighborhood # 5. PUBLIC HEARING 9. Consider: ZA08-067, ZONING CHANGE AND CONCEPT PLAN FOR RETAIL/OFFICE AT TUSCAN CREEK on property being described as a portion of Tract 3C03, Hiram Granberry Survey Abstract No. 581, Southlake, Tarrant County, Texas and being located at 301 W. Southlake Blvd., Southlake, Texas. The current zoning is "01" - Office District. The requested zoning is "C2" - Local Retail Commercial District. SPIN Neighborhood # 14. PUBLIC HEARING 10. Consider: CP08-003, AN AMENDMENT TO THE CITY'S MASTER PLAN proposing a text amendment in the Office Commercial Land Use Designation to include a site specific recommendation to allow limited retail and restaurant uses on property described as a portion of Tract 3C03, Hiram Granberry Survey Abstract No. 581, Southlake, Tarrant County, Texas and being located at 301 W. Southlake Blvd., Southlake, Texas. The current zoning is "01" - Office District. The requested zoning is "C2" - Local Retail Commercial District. SPIN Neighborhood # 14. PUBLIC HEARING 11. Consider: ZA09-002, SITE PLAN FOR A LOG CABIN AT BICENTENNIAL PARK on property being described as_Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1B, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 213 1, 3C, 3C1, 3C1A, 3D, 3D1A and 3D6 in the L.B.G. Hall Survey Abstract No. 686 and being located at 400 N. White Chapel Blvd., 300 and 450 W. Southlake Boulevard and 275-315 Shady Oaks Drive, Southlake, Texas. The current zoning is "CS" - Community Service District. SPIN Neighborhood # 10. PUBLIC HEARING 12. Consider: ZA09-003, SITE PLAN FOR PANERA BREAD BAKERY CAFE property being legally described as Lot 3, Block 1, Village Center Addition and being located at 2140 E. Southlake Boulevard, Suite R., Southlake, Texas. The current zoning is "C3" - General Commercial District. SPIN Neighborhood # 8. PUBLIC HEARING 13. Consider: MEETING ADJOURNMENT I PLANNING AND ZONING COMMISSION AGENDA February 19, 2009 PAGE3 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, February 13, 2009, by 6:00 p.m., pursuant to the Texas G ernment de, Chapter ,~54!y"®+:s,esa Lori Payne, TRMC _ r e • cn- City Secretary = • • if you plan to attend this public meefing •and ha v~..8 diabbility that requires special needs, please advise the City Secretary 48 hours in advance at 817-*-0 1* ~n~cre ,qA n% able accommodations will be made to assist you. CITY OF SOUTHLAKE TEXAS 1 REGULAR PLANNING AND ZONING COMMISSION MEETING FEBRUARY 19 2009 2 3 LOCATION: 1400 Main Street, Southlake, Texas 4 Work Session - Executive Conference Room, Suite 268 of City Hall or City 5 Council Chambers of City Hall 6 Regular Session - City Council Chambers of City Hall 7 8 COMMISSIONERS PRESENT: Chairman Al Morin, and Commissioners Darrell Faglie, Jeff Wang, 9 Robert Hudson, Michael Springer and Joe Lancor. 10 11 COMMISSIONERS ABSENT: None 12 13 WORK SESSION: 14 15 STAFF PRESENT: Ken Baker, Director of Planning & Development Services; Dennis Killough, 16 Deputy Director of Planning & Development Services; Clayton Comstock, Planner II; Jenny Crosby, 17 Planner II; Daniel Cortez, Planner I; Lorrie Fletcher, Planner I; Paul Ward, Chief Building Official; 18 Gordon Mayer, Deputy Director of Public Works; and Stephanie Breitbarth, Administrative Secretary 19 Planning & Development Services. 20 21 Chairman Morin called the work session to order at 5:30 p.m. 22 23 Presentations were made to the Commission regarding On-Site Sewage Facilities. 24 25 David Jefferson, Tarrant County Health Department Environmental Health Division Manager, opened 26 for questions. 27 28 Perry Burney, Aerobic Septic Service Company, opened for questions. 29 30 James Sims, P. E, Geotechnical Engineer, opened for questions. 31 32 Presentations were made to the Commission regarding Solar Energy 33 34 Phil Fisher, Solar Systems Installation, opened for questions. 35 36 David Hughes, Sunbelt Solar, opened for questions. 37 38 No Action was taken during the work session. 39 40 REGULAR SESSION: 41 42 STAFF PRESENT: Dennis Killough, Deputy Director of Planning & Development Services; Clayton 43 Comstock, Planner II; Jenny Crosby, Planner ll; Daniel Cortez, Planner I; Michelle McCullough, Civil 44 Engineer; Michael James, Civil Engineer; Chris Tribble, Director of Community Services; and 45 Stephanie Breitbarth, Administrative Secretary Planning & Development Services. 46 47 Chairman Morin called the regular meeting to order at 6:50 p.m. 48 49 Agenda Item No. 2 - Election of Vice-Chairman: Chairman Morin opened discussion regarding the )0 election for Vice-Chairman. Planning and Zoning Commission Meeting - February 19, 2009 Page 1 of 7 51 12 Motion was made to nominate Commissioner Faglie for Vice-Chairman. 53 54 Motion: Hudson 55 Second: Springer 56 Ayes: Wang, Hudson, Lancor, Springer, Morin 57 Nays: None 58 Abstain: Faglie 59 Approved: 5-0-1 60 Motion carried. 61 62 Agenda Item No. 3 - Approval of Minutes: Chairman Morin opened discussion of the minutes of the 63 Special Planning and Zoning Commission meeting held on February 3, 2009. 64 65 Motion was made to approve the minutes of the Special Planning and Zoning Commission meeting 66 held on February 3, 2009, as presented. 67 68 Motion: Hudson 69 Second: Faglie 70 Ayes: Wang, Hudson, Lancor, Faglie, Springer, Morin 71 Nays: None 72 Abstain: None 73 Approved: 6-0 74 Motion carried. 75 76 Agenda Item No. 4 - Approval of Minutes: Chairman Morin opened discussion of the minutes of the /7 Regular Planning and Zoning Commission meeting held on February 5, 2009. 78 79 Motion was made to approve the minutes of the Regular Planning and Zoning Commission meeting 80 held on February 5, 2009, as presented. 81 82 Motion: Hudson 83 Second: Faglie 84 Ayes: Wang, Hudson, Lancor, Faglie, Springer, Morin 85 Nays: None 86 Abstain: None 87 Approved: 6-0 88 Motion carried. 89 90 Agenda Item No. 5 - Administrative Comments: Dennis Killough, Deputy Director of Planning & 91 Development Services, announced there will be a S.P.A.R.K. event to kick off "Rachel's Challenge" 92 on February 24, 2009 starting at 7:OOPM at Rustin Park in Town Square. Deputy Director Killough 93 also noted that an updated Staff Report for Item 9 - ZA08-067, Zoning Change and Concept Plan for 94 Retail/Office at Tuscan Creek, has been distributed to the Commission. 95 96 Agenda Item No. 6 - ZA08-116. Zoning Change and Site Plan for Carroll Senior High School: 97 Jenny Crosby, Planner II, presented this item to the Commission for a Zoning Change and Site Plan 98 for Carroll Senior High School on property being described as Lot 1 R, Block 1 R, Carroll High School 99 Addition, Southlake, Tarrant County, Texas and being located at 1453 and 1501 W. Southlake Blvd. 100 and 301 S. Peytonville Ave., Southlake, Texas. The current zoning is "S-P-1" - Detailed Site Plan Planning and Zoning Commission Meeting - February 19, 2009 Page 2 of 7 101 District. The requested zoning is "S-P-1"- Detailed Site Plan District. SPIN Neighborhood # 16. The 12 Owner is Carroll Independent School District. The Applicant is Hart Gaugler & Associates, Inc. 103 104 Derrick Citty, Carroll Independent School District, 3051 Dove Rd., Grapevine, TX, opened for 105 questions. 106 107 John Blacker, 12801 N. Central Expwy., Suite 1400, Dallas, TX, opened for questions. 108 109 Chairman Morin opened the public hearing. 110 111 Craig Rogers, 108 Waterford Dr., Southlake, TX, spoke in favor of the projectbut requested that the 112 school maintain the landscaping on the east-boundary fence line. Mr. Rogers opened for questions. 113 114 Chairman Morin called for any additional speakers; no additional speakers came forward to speak. 115 116 Chairman Morin closed the public hearing and called for discussion. No further discussion took 117 place. 118 119 Motion was made to approve Agenda Item No. 6, ZA08-116, Zoning Change and Site Plan for 120 Carroll Senior High School, allowing deferral of the 8' multi-use trail along the east side of South 121 Peytonville Avenue until the Phase V parking is added, noting the applicant's willingness to add the 122 eleven live oaks and a row of shrubs to the east and south of the added parking area as shown on 123 the landscape plan and to construct and maintain a board on board fence along the Stone Lakes 124 subdivision to the east and south of the proposed parking area, and subject to Site Plan Review 125 Summary No. 3 dated February 12, 2009. '26 '7 Motion: Hudson 128 Second: Faglie 129 Ayes: Wang, Hudson, Lancor, Faglie, Springer, Morin 130 Nays: None 131 Abstain: None 132 Approved: 6-0 133 Motion carried. 134 135 Agenda Item No. 7 - ZA08-066. Zoning Change and Site Plan for Brad Moss Dental Office: 136 Daniel Cortez, Planner I, presented this item to the Commission for a Zoning Change and Site Plan 137 for Brad Moss Dental Office on property being described as Lot 2, Block 1, Chivers Park Addition 138 and a portion of Lot 3, Block 1, Chivers Park Addition being located at 1210 N Carroll Ave, 139 Southlake, TX. The current zoning is "01" - Office District and "CS" - Community Service District. 140 The requested zoning is "OV - Office District. SPIN Neighborhood # 5. The Owner is Brad Moss, 141 DDS. The Applicant is Blake Architects. 142 143 Agenda Item No. 8 - ZA08-115. Specific Use Permit for Carports at Brad Moss Dental Office: 144 Daniel Cortez, Planner I, presented this item to the Commission for a Specific Use Permit for 145 Carports at Brad Moss Dental Office on property being described as Lot 2, Block 1, Chivers Park 146 Addition and a portion of Lot 3, Block 1, Chivers Park Addition being located at 1210 N Carroll Ave, 147 Southlake, TX. The current zoning is "01" - Office District and "CS" - Community Service District. 148 The requested zoning is "OV - Office District. SPIN Neighborhood # 5. The Owner is Brad Moss, 149 DDS. The Applicant is Blake Architects. 150 1 Skip Blake, Blake Architects, 1202 S. White Chapel Blvd., Southlake, TX, opened for questions. Planning and Zoning Commission Meeting - February 19, 2009 Page 3 of 7 152 -)3 Chairman Morin opened the public hearing for both items; no one came forward to speak on either t54 item. 155 156 Chairman Morin closed the public hearing for both items and called for discussion. No further 157 discussion took place. 158 159 Motion was made to approve ZA08-066, Zoning Change and Site Plan for Brad Moss Dental Office, 160 granting the requested variances for the existing tree coverage preservation reduction and 10% 161 parking reduction and noting the applicant's willingness to provide an access easement to the north 162 and south property boundaries, and subject to the Site Plan Review Summary No. 4 dated February 163 13, 2009. 164 165 Motion: Hudson 166 Second: Faglie 167 Ayes: Wang, Hudson, Lancor, Faglie, Springer, Morin 168 Nays: None 169 Abstain: None 170 Approved: 6-0 171 Motion carried. 172 173 Motion was made to approve ZA08-115, Specific Use Permit for Carports at Brad Moss Dental 174 Office, as presented and subject to Specific Use Permit and Site Plan Review Summary No. 2, 175 dated February 13, 2009. 176 177 Motion: Hudson ,8 Second: Faglie 179 Ayes: Wang, Hudson, Lancor, Faglie, Springer, Morin 180 Nays: None 181 Abstain: None 182 Approved: 6-0 183 Motion carried. 184 185 Agenda Item No. 9 - ZA08-067, Zoning Change and Concept Plan for Retail/Office at Tuscan 186 Creek: Clayton Comstock, Planner II, presented this item to the Commission for a Zoning Change 187 and Concept Plan for Retail/Office at Tuscan Creek on property being described as a portion of Tract 188 3C03, Hiram Granberry Survey Abstract No. 581, Southlake, Tarrant County, Texas and being 189 located at 301 W. Southlake Blvd., Southlake, Texas. The current zoning is "01" - Office District. 190 The requested zoning is "C2" - Local Retail Commercial District. SPIN Neighborhood # 14.The 191 Owner is Lori Taylor, Mahalo Investments. The Applicant is the Blake Architects. 192 193 Agenda Item No. 10 - CP08-003, An Amendment to the City's Master Plan: Clayton Comstock, 194 Planner II, presented this item to the Commission for an Amendment to the City's Master Plan 195 proposing a text amendment in the Office Commercial Land Use Designation to include a site 196 specific recommendation to allow limited retail and restaurant uses on property described as a 197 portion of Tract 3C03, Hiram Granberry Survey Abstract No. 581, Southlake, Tarrant County, Texas 198 and being located at 301 W. Southlake Blvd., Southlake, Texas. The current zoning is "01"- Office 199 District. The requested zoning is "C2" - Local Retail Commercial District. SPIN Neighborhood # 14. 200 The Owner is Lori Taylor, Mahalo Investments. The Applicant is the Blake Architects. 201 Planning and Zoning Commission Meeting - February 19, 2009 Page 4 of 7 202 Skip Blake, Blake Architects, 1202 S. White Chapel Blvd., Southlake, TX, opened for questions. )3 Commissioners asked the applicant why they are seeking "C2" - Local/Retail Commercial District 204 instead of an "S-P-1" - Detailed Site Plan District. Deputy Director stated that the Applicant would 205 need to have brought forward a Site Plan in order to request "S-P-1" zoning and at the present time 206 they are only prepared to present with a Concept Plan. Skip Blake also noted that they wanted to 207 make the property more marketable by seeking the "C2" zoning at the present moment and would 208 therefore be able to find a buyer/tenant which would allow them to complete the Site Plan with more 209 detail to go forward and seek the "S-P-1" zoning. 210 211 Chairman Morin opened the public hearing for both items. 212 213 Jack Heller, 124 Londonberry Ter., Southlake, TX, spoke in opposition of the zoning change and 214 presented a petition signed by all current residents in Stratfort Parc which expressed concerns over 215 the approving of straight "C2"zoning before the developer could bring forward a site plan for "S-P-1 " 216 zoning. Mr. Heller opened for questions. 217 218 Tonya Thomopoulos, 132 Londonberry Ter., Southlake, TX, stated that they do not want the zoning 219 changed until there in more detail to what the zoning should be. Ms. Thomopoulos opened for 220 questions. 221 222 Chairman Morin called for any additional speakers; no additional speakers came forward to speak 223 on either item. 224 225 Chairman Morin closed the public hearing for both items and called for discussion. Commissioners 226 discussed the issues associated with changing the zoning to "C2" at this point in development. '127 Commissioners asked the Applicant how they wanted to proceed. Mr. Blake requested to table 28 these two items until the March 5, 2009 Planning and Zoning Commission meeting. 229 230 Chairman Morin re-opened the public hearing for both items. 231 232 Jack Heller, 124 Londonberry Ter., Southlake, TX, asked the Commission that if the item is tabled 233 will there be notifications sent out again? Commissioner Morin stated that the public hearing 234 notification letters are sent out at the beginning of the process and that agenda's are posted both at 235 Town Hall and on the City's website for residents to follow up on meeting dates. 236 237 Chairman Morin called for any additional speakers; no additional speakers came forward to speak 238 on either item. 239 240 Chairman Morin closed the public hearing for both items and called for discussion. No further 241 discussion took place. 242 243 Motion was made to table ZA08-067, Zoning Change and Site Plan for Retail/Office at Tuscan Creek 244 and CP08-003, An Amendment to the City's Master Plan. 245 246 Motion: Hudson 247 Second: Faglie 248 Ayes: Wang, Hudson, Lancor, Faglie, Springer, Morin 249 Nays: None 250 Abstain: None 251 Approved: 6-0 ,2 Motion tabled. Planning and Zoning Commission Meeting - February 19, 2009 Page 5 of 7 253 54 Agenda Item No. 11 - ZA09-002, Site Plan for a Loa Cabin at Bicentennial Park: Clayton 255 Comstock, Planner II, presented this item to the Commission for a Site Plan for a Log Cabin at 256 Bicentennial Park on property being described as-Lot 2R2, L.B.G. Hall No. 686 Addition and being 257 Tracts 1, 1 B, 1 C1, 1 C2, 1 C3, 1 E, 2A, 2A1, 2A2, 2B, 2131, 3C, 3C1, 3C1 A, 3D, 3D1 A and 3D6 in the 258 L.B.G. Hall Survey Abstract No. 686 and being located at 400 N. White Chapel Blvd., 300 and 450 259 W. Southlake Boulevard and 275-315 Shady Oaks Drive, Southlake, Texas. The current zoning is 260 "CS" - Community Service District. SPIN Neighborhood # 10. The Owner/Applicant is the City of 261 Southlake. 262 263 Chris Tribble, City of Southlake Director of Community Services, 400 N. White Chapel Blvd., 264 Southlake, TX, opened for questions. Commissioners expressed concerns over parking at the cabin 265 and the accessibility for busses directly to the site. 266 267 Chairman Morin opened the public hearing; no one came forward to speak on this item. 268 269 Chairman Morin closed the public hearing for and called for discussion. Commissioners discussed 270 issues regarding ADA requirements compromising the authenticity of the site. 271 272 Motion was made to approve ZA09-002, Site Plan for a Log Cabin at Bicentennial Park, subject to 273 Site Plan Review Summary No. 1, dated February 13, 2009. 274 275 Motion: Hudson 276 Second: Faglie 277 Ayes: Wang, Hudson, Faglie, Morin '178 Nays: Lancor, Springer 19 Abstain: None 280 Approved: 4-2 281 Motion carried. 282 283 Agenda Item No. 12 - ZA09-003, Site Plan for Panera Bread Bakery CaM: Jenny Crosby, Planner 284 II, presented this item to the Commission for a Site Plan for Panera Bread Bakery Cafe on property 285 being legally described as Lot 3, Block 1, Village Center Addition and being located at 2140 E. 286 Southlake Boulevard, Suite R., Southlake, Texas. The current zoning is "C3" - General Commercial 287 District. SPIN Neighborhood # 8. The Owner is Global Reality & Management TX, Inc. The Applicant 288 is Panera, LLC. 289 290 Mark Etherington, Panera, LLC., 709 Harvest Ln., St. Louis, MO, opened for questions. 291 Commissioners addressed concern over the color of the tower, Mr. Ethring presented Commission 292 with an alternate option to the tower signage that had no color change to the towerbut added a back 293 drop to the sign itself. 294 295 Chairman Morin opened the public hearing; no one came forward to speak on this item. 296 297 Chairman Morin closed the public hearing for and called for discussion. No further discussion took 298 place. 299 300 Motion was made to approve ZA09-003, Site Plan for Panera Bread Bakery Caf6, not approving the 301 changing of the tower color as requested in the submittal, noting approval subject to option B with 302 no color change to the tower rather having a back drop for the sign as presented to commission at 13 meeting, and subject to Staff's Report dated February 13, 2009. Planning and Zoning Commission Meeting - February 19, 2009 Page 6 of 7 304 15 Motion: Hudson 306 Second: Faglie 307 Ayes: Wang, Hudson, Lancor, Faglie, Springer, Morin 308 Nays: None 309 Abstain: None 310 Approved: 6-0 311 Motion carried. 312 313 Agenda Item No. 13 - Meeting Adiournment• Chairman Morin adjourned the meeting at 8:39:46 314 p.m. on February 19, 2009. 315 316 317 318 Al Morin 319 Chairman 320 ATTEST: 321 322 c] Y''i) ~Y) 1 )'-,i " ~ 6~" 323 Steph nie Bre arth 324 Commission Secretary Planning and Zoning Commission Meeting - February 19, 2009 Page 7 of 7