2009-03-05 P&Z Meeting
i
CITY OF
SOUTHLAKE
TEXAS
PLANNING AND ZONING COMMISSION MEETING: March 5, 2009
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 February 19, 2009.
3. Administrative Comments.
CONSENT AGENDA:
4. Consent: 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. The
Applicant has requested to Table this item to the April 9, 2009 Planning and Zoning
Commission Meeting.
5. Consent: 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. The Applicant has requested to Table
this item to the April 9, 2009 Planning and Zoning Commission Meeting.
PLANNING AND ZONING COMMISSION AGENDA
March 5,2W9
PAGE2
REGULAR AGENDA:
6. Consider: ZA08-091, ZONING CHANGE AND CONCEPT PLAN FOR GLOSSER ADDITION on
property being described as Tracts 3B and 3131, J. Childress Survey, Abstract No. 522
and being located at 1640 and 1680 N. Peytonville Ave., Southlake, Texas. The current
zoning is "AG" - Agricultural District and "SF-1A" - Single Family Residential District.
The requested zoning is "SF-1A" - Single Family Residential District. SPIN
Neighborhood #12.
PUBLIC HEARING
7. Consider: ZA08-110, PRELIMINAY PLAT FOR LOTS 1-6, BLOCK 1, GLOSSER ADDITION being
approximately 17.95 acres on property being described as Tracts 313, 3B1, J. Childress
Survey, A-522, and Lots 7, 7A, and 7B, Cedar Oaks Estates and being located at 1680 N.
Peytonville Ave. and 1800 Sleepy Hollow Trail, Southlake, TX. The current zoning is "AG"
- Agricultural District and "SF-1A" - Single Family Residential District. The requested
zoning is "SF-1A" - Single Family Residential District. SPIN Neighborhood #12.
PUBLIC HEARING
8. Consider: ZA09-004, SITE PLAN FOR TIMARRON PUMP HOUSE AT THE NEIGHBORHOOD
CENTER on property being described as Common Green 3, Timarron Addition, Phase
One, Section Two - Bent Creek and being located at 1250 Bent Creek Dr., Southlake, TX.
The current zoning is "R-PUD" - Residential Planned Unite Development District. SPIN
Neighborhood #9W.
PUBLIC HEARING
9. Consider: ZA09-005, PLAT REVISION FOR LOT 11R, BLOCK 1, THE LAKES AT LA PALOMA
being a replat of property currently described as Lot 11, Block 1, The Lakes of La Paloma
and being located at 1104 La Paloma Ct., Southlake, Texas. The current zoning is "SF-
20A" - Single Family Residential District. The requested zoning is "SF-20A" - Single
Family Residential District. SPIN Neighborhood #9E.
PUBLIC HEARING
10. Consider: ZA09-006, SPECIFIC USE PERMIT FOR AN ACESSORY BUILDING FOR THE
TENNIS COMPLEX AT BICENTENNIAL PARK on property being described as Lot 2R2,
L.B.G. Hall No. 686 Addition and being Tracts 1, 113, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2,
213, 2131, 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. The requested zoning is "CS" - Community Service District.
SPIN Neighborhood #13.
PUBLIC HEARING
11. Discussion: Proposed Solar Energy Ordinance.
12. Discussion: Proposed modifications to On-site Sanitary Sewer System regulations.
13. Consider: MEETING ADJOURNMENT
PLANNING AND ZONING COMMISSION AGENDA
March 5, 2009
PAGE 3
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 27, 2009, by 6:00 p.m., pursuant to the Texas Government
Code, Ch pter q51 ,,.•`.`rR~~~:~~
Autk
Lori Payne, TRMC iR'y^
City Secretary
If you plan to attend this public meetirk an614 ve .Aabi(fy that requires special needs, please advise the City Secretary 48
hours in advance at 817-748-8016, and r*onab4 jgco iodations will be made to assist you.
CITY OF
SOUTHLAKE
TEXAS
1 REGULAR PLANNING AND ZONING COMMISSION MEETING MARCH 5, 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: Commissioners Jeff Wang, Robert Hudson, Michael Springer and
9 Joe Lancor.
10
11 COMMISSIONERS ABSENT: Chairman Morin and Vice-Chairman Faglie
12
13 STAFF PRESENT: Ken Baker, Director of Planning & Development Services; Richard Schell,
14 Planner II; Jenny Crosby, Planner II; Daniel Cortez, Planner l; Michelle McCullough, Civil Engineer;
15 Michael James, Civil Engineer; Peter Kao, Construction Manager for Community Services; and
16 Stephanie Breitbarth, Administrative Secretary Planning & Development Services.
17
18 Acting-Chairman Hudson called the regular meeting to order at 6:50 p.m.
19
20 Agenda Item No. 2 - Approval of Minutes: Acting-Chairman Hudson opened discussion of the
21 minutes of the Special Planning and Zoning Commission meeting held on February 19, 2009.
22
23 Motion was made to approve the minutes of the Special Planning and Zoning Commission meeting
24 held on February 19, 2009, as presented.
?5
26 Motion: Lancor
27 Second: Springer
28 Ayes: Wang, Hudson, Lancor, Springer
29 Nays: None
30 Abstain: None
31 Approved: 4-0
32 Motion carried.
33
34 Agenda Item No. 3 - Administrative Comments: Ken Baker, Director of Planning & Development
35 Services, noted that the Applicant for item 8, ZA09-004, Timarron Pump House at the Neighborhood
36 Center, has submitted a request to table this item until the April 9, 2009 regular Planning & Zoning
37 Commission meeting. Director Baker also noted that there will be no Planning & Zoning Commission
38 meeting on March 19, 2009 due to Spring Break; the next regular Planning & Zoning Commission
39 meeting will take place on April 9, 2009.
40
41 Consent Item No 4 - ZA08-067 Zoning Change and Concept Plan for Retail/Office at Tuscan
42 Creek: on property being described as a portion of Tract 3C03, Hiram Granberry Survey Abstract
43 No. 581, Southlake, Tarrant County, Texas and being located at 301 W. Southlake Blvd., Southlake,
44 Texas. The current zoning is "01" - Office District. The requested zoning is "C2" - Local Retail
45 Commercial District. SPIN Neighborhood # 14. The Applicant has requested to Table this item to
46 the April 9, 2009 Planning and Zoning Commission Meeting.
47
48 Consent Item No. 5 - CP08-003 An Amendment to the City's Master Plan: proposing a text
49 amendment in the Office Commercial Land Use Designation to include a site specific
;0 recommendation to allow limited retail and restaurant uses on property described as a portion of
Planning and Zoning Commission Meeting - March 5, 2009
Page 1 of 6
51 Tract 3C03, Hiram Granberry Survey Abstract No. 581, Southlake, Tarrant County, Texas and being
,2 located at 301 W. Southlake Blvd., Southlake, Texas. The current zoning is "01" - Office District.
53 The requested zoning is "C2" - Local Retail Commercial District. SPIN Neighborhood # 14. The
54 Applicant has requested to Table this item to the April 9, 2009 Planning and Zoning
55 Commission Meeting.
56
57 Agenda Item No 8 - ZA09-004 Site Plan for Timarron Pump House at the Neighborhood
58 Center: on property being described as Common Green 3, Timarron Addition, Phase One, Section
59 Two - Bent Creek and being located at 1250 Bent Creek Dr., Southlake, TX. The current zoning is
60 "R-PUD" - Residential Planned Unit Development District. SPIN Neighborhood # 9W. The
61 Applicant has requested to Table this item to the April 9, 2009 Planning and Zoning
62 Commission Meeting.
63
64 Motion was made to approve the Consent Agenda as presented.
65
66 Motion: Lancor
67 Second: Springer
68 Ayes: Wang, Hudson, Lancor, Springer
69 Nays: None
70 Abstain: None
71 Approved: 4-0
72 Motion carried.
73
74 Agenda Item No 9 - ZA09-005, Plat Revision for Lot 11 R, Block 1, The Lakes of La Paloma:
75 Richard Schell, Planner II, presented this item to the Commission for a Plat Revision for Lot 11 R,
76 Block 1, The Lakes of La Paloma being a replat of property currently described as Lot 11, Block 1,
I7 The Lakes of La Paloma and being located at 1104 La Paloma Ct., Southlake, Texas. The current
78 zoning is "SF-20A" - Single Family Residential District. The requested zoning is "SF-20A" - Single
79 Family Residential District. SPIN Neighborhood # 9E. The Owner is James H. Story and Susan D.
80 Sala. The Applicant is the City of Southlake.
81
82 Acting-Chairman Hudson opened the public hearing.
83
84 No one from the audience came forward to speak.
85
86 Acting-Chairman Hudson closed the public hearing and called for discussion. No further discussion
87 took place.
88
89 Motion was made to approve ZA09-005, Plat Revision for Lot 11 R, Block 1, The Lakes of La
90 Paloma, as presented and Plat Review Summary No. 2 dated February 27, 2009.
91
92 Motion: Lancor
93 Second: Wang
94 Ayes: Wang, Hudson, Lancor, Springer
95 Nays: None
96 Abstain: None
97 Approved: 4-0
98 Motion carried.
99
100 Agenda Item No 10 - ZA09-006 Specific Use Permit for an Accessory Building for the Tennis
)1 Complex at Bicentennial Park: Richard Schell, Planner ll, presented this item to the Commission
Planning and Zoning Commission Meeting - March 5, 2009
Page 2 of 6
102 for a Specific Use Permit for an Accessory Building for the Tennis Complex at Bicentennial Park on
)3 property being described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1 B, 1 C1,
04 1 C2, 1 C3, 1 E, 2A, 2A1, 2A2,213, 261, 3C, 3C1, 3C1 A, 3D, 3D1 A and 3D6 in the L.B.G. Hall Survey
105 Abstract No. 686 and being located at 400 N. White Chapel Blvd., 300 and 450 W. Southlake
106 Boulevard and 275-315 Shady Oaks Drive, Southlake, Texas. The current zoning is "CS" -
107 Community Service District. The requested zoning is "CS" - Community Service District. SPIN
108 Neighborhood # 13. The Owner/Applicant is the City of Southlake.
109
110 Peter Kao, Construction Manager for the City of Southlake Community Services Department,
111 opened for questions and introduced Mia Poorman, Southlake Tennis Center Director.
112
113 Mia Poorman, Southlake Tennis Center Director, spoke to the Commission regarding the need for
114 the accessory building due to the increased growth of the tennis program and addition of tennis Pro
115 staff. Ms. Poorman opened for questions.
116
117 Acting-Chairman Hudson opened the public hearing.
118
119 No one from the audience came forward to speak.
120
121 Acting-Chairman Hudson closed the public hearing and called for discussion. No further discussion
122 took place.
123
124 Motion was made to approve ZA09-006, Specific Use Permit for an Accessory Building for the
125 Tennis Complex at Bicentennial Park, granting the variance for the use of Hardi-board instead of
126 each facade consisting of a minimum of 80% masonry material, and subject to Specific Site Plan
1 27 Review Summary No. 1, dated February 27, 2009.
,8
129 Motion: Springer
130 Second: Wang
131 Ayes: Wang, Hudson, Lancor, Springer
132 Nays: None
133 Abstain: None
134 Approved: 4-0
135 Motion carried.
136
137 Aaenda Item No 6 - ZA08-091 Zoninq Change and Concept Plan for Glosser Addition: Daniel
138 Cortez, Planner I, presented this item to the Commission for a Zoning Change and Concept Plan for
139 Glosser Addition on property being described as Tracts 3B and 3131, J. Childress Survey, Abstract
140 No. 522 and being located at 1640 and 1680 N. Peytonville Ave., Southlake, Texas. The current
141 zoning is "AG" - Agricultural District and "SF-1 A" - Single Family Residential District. The requested
142 zoning is "SF-1 A" - Single Family Residential District. SPIN Neighborhood # 12. The Owner is T.W.
143 and Debra Glosser. The Applicant is Tom Matthews.
144
145 Agenda Item No 7 - ZA08-110 Preliminary Plat for Lots 1-6, Block 1, Glosser Addition: Daniel
146 Cortez, Planner I, presented this item to the Commission for a Preliminary Plat for Lots 1-6, Block 1,
147 Glosser Addition being approximately 17.95 acres on property being described as Tracts 313, 3131, J.
148 Childress Survey, A-522, and Lots 7, 7A, and 7B, Cedar Oaks Estates and being located at 1680 N.
149 Peytonville Ave. and 1800 Sleepy Hollow Trail, Southlake, TX. The current zoning is "AG" -
150 Agricultural District and "SF-1 A" - Single Family Residential District. The requested zoning is "SF-
151 1A" - Single Family Residential District. SPIN Neighborhood # 12. The Owner is T.W. and Debra
52 Glosser. The Applicant is Tom Matthews.
Planning and Zoning Commission Meeting - March 5, 2009
Page 3 of 6
153
-4 Tom Matthews, Applicant/Developer, made a presentation to the Commission addressing concerns
155 that arose during the S.P.I.N. meeting regarding drainage issues.
156
157 Acting-Chairman Hudson opened the public hearing.
158
159 Karen Murphy, 1303 Plantation Drive, did not wish to speak but turned in a public hearing comment
160 card to register opposition.
161
162 Tom Murphy, 1303 Plantation Drive, spoke in opposition of the development, raised concerns over
163 flooding from increased development of a small strip of land.
164
165 Nancy Jackson, 1240 Post Oak Trail, did not wish to speak but turned in a public hearing comment
166 card to register opposition.
167
168 Kurt Fullmer, 1300 Post Oak Trail, did not wish to speak but turned in a public hearing comment
169 card to register opposition.
170
171 Ralph Nimergood, 1305 Plantation Drive, spoke in opposition of the development and stated that the
172 Zoning Board of Adjustments denied a variance for this property on case ZBA-537. Mr. Nimergood
173 also agreed with Mr. Murphy regarding the flooding issues.
174
175 Connor Lam, 1280 Post Oak Trail, commented that the La Mirada addition to the north of them had
176 a berm and wall on a lot slightly larger than this property and noted that what is being presented is
177 putting too much on a small lot. Mr. Lam noted that his main opposition is that the buildings will be
178 too close to his property boundary.
19
180 Michael Bustamante, 1501 Plantation Drive, provided photos to the Commission showing the
181 flooding of the creek. The photos provided were taken thirty minutes after the rain had stopped and
182 showed the depth of the flooding by having his son kayaking in the creek. Mr. Bustamante
183 requested to have new FEMA study done since the current one was fifteen years old.
184
185 Bob Hudnall, 1402 Plantation Drive, opposed to the development.
186
187 Terri Smith, 1502 Plantation Drive, stated the flooding does prevent people from getting across the
188 creek and that would be why the one portion of the property in question has not been developed and
189 that she too has issues getting to her property because of the flooding.
190
191 Tom Murphy, 1303 Plantation Drive, followed up on his comments stating the creek has flooded
192 three times in the last year.
193
194 Acting-Chairman Hudson closed the public hearing and called for the Applicant to return and
195 address residents concerns that arose during the Public Hearing.
196
197 Tom Matthews, Applicant/Developer, noted the ZBA case referenced was turned down because the
198 zoning asked at that time was not what was being asked for today. Mr. Matthews noted the flooding
199 and drainage issues are being taken seriously by the City and that the City requires new erosion
200 control measures, including training, forall developers. Mr. Matthews noted thatmore detailed plans
201 will be provided for drainage when the engineering plans are required to be turned into the City. Mr.
202 Matthews further noted that the FEMA maps were based on built-out standards and not current
'13 standards. Mr. Matthews addressed concerns over the common access drive vs pubic street and
Planning and Zoning Commission Meeting - March 5, 2009
Page 4 of 6
s
204 that there is a less of an impact to the flooding with the common access drive, as well as allowing for
15 greater set backs for the homes.
z-06
207 Acting-Chairman Hudson re-opened the public hearing.
208
209 Tom Murphy, 1303 Plantation Drive, stated that the FEMA maps are notaccurate adding his house
210 did not change the flow of the creek.
211
212 Ralph Nimergood, 1305 Plantation Drive, requested to see a map reflecting the creek flowing within
213 the banks and noted the flood-plain is not accurately represented stating that his property is shown
214 to be outside the flood-plain but he is being flooded.
215
216 Acting-Chairman Hudson closed the public hearing and called for discussion. Commissioner Wang
217 commented about the size of the lot, main concern is increased impact on the common drive, further
218 noted that this is a panhandle lot just using the common drive. Commissioner Lancor stated his
219 main issue is that the flooding will be guided directly to one lot; Mr. Matthews noted that the State
220 requirements restrict changes to the natural flow of water and that they bring more detail forward to
221 during the building phase and have to have those plans approved by the engineering department
222 during that time. Acting-Chairman Hudson feels the drainage is restricted due to size of the lot and
223 that improvements cannot be made on this lot; Commissioner Springer stated about the current
224 properties contributing to the flooding as well. Tom Matthews, Applicant, requested to table these
225 items until the April 9, 2009 regular Planning & Zoning Commission meeting to have time to speak
226 with the owners regarding their future course of action.
227
228 Motion was made to table ZA08-091, Zoning Change and Concept Plan for Glosser Addition, to the
129 April 9, 2009 regular Planning & Zoning Commission meeting at the request of the applicant.
10
231 Motion: Springer
232 Second: Wang
233 Ayes: Wang, Hudson, Lancor, Springer
234 Nays: None
235 Abstain: None
236 Approved: 4-0
237 Motion carried.
238
239 Motion was made to table ZA08-110, Zoning Change and Concept Plan for Glosser Addition, to the
240 April 9, 2009 regular Planning & Zoning Commission meeting at the request of the applicant.
241
242 Motion: Springer
243 Second: Wang
244 Ayes: Wang, Hudson, Lancor, Springer
245 Nays: None
246 Abstain: None
247 Approved: 4-0
248 Motion carried.
249
250 Discussion Item No. 11 - Proposed Solar Energy Ordinance: Daniel Cortez, Planner I, presented
251 proposed Solar Energy Ordinance No. 480-WWW to the Commission. No action was taken on this
252 item.
253
54 Discussion Item No 12 - Proposed Modifications to On-Site Sanitary Sewer System
Planning and Zoning Commission Meeting - March 5, 2009
Page 5 of 6
255 Regulations: Jennifer Crosby, Planner II, presented proposed modifications to On-Site Sanitary
,6 Sewer System Regulations Ordinance No. 480-XXX to the Commission. No Action was taken on this
/_57 item.
258
259 Agenda Item No. 13 - Meeting Adjournment: Acting-Chairman Hudson adjourned the meeting at
260 8:41:44 p.m. on March 5, 2009.
261
262
263
264
265 Robert Hudson
266 Acting-Chairman
267 ATTEST: n
268 C
269 j
270 Stephanie Br&' barth
271 Commission Secretary
Planning and Zoning Commission Meeting - March 5, 2009
Page 6 of 6