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2009-05-21 P&Z Meeting 's CITY OF SOUTHLAKE TEXAS PLANNING AND ZONING COMMISSION MEETING: May 21, 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: 6:00 P.M. 1. Discussion of the Annual Development Excellence Award Nominees. 2. Discussion of the Annual Development Activity Report. 3. 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 April 23, 2009. 3. Administrative Comments. REGULAR AGENDA: 4. Consider: ZA08-091, ZONING CHANGE AND CONCEPT PLAN FOR GLOSSER ADDITION on property being described as Tracts 3B and 361, J. Childress Survey, Abstract No. 522 and Concept Plan for Glosser Addition on property being described as Tracts 3B and 3131, J. Childress Survey, Abstract No. 522 and Lot 7, Block 1, Cedar Oaks Estates being located at 1680 N. Peytonville Ave, 1640 N. Peytonville Ave., and 1800 Sleepy Hollow Trail, 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 and "SF-2" Single Family Residential District. SPIN Neighborhood # 12. PUBLIC HEARING ` PLANNING AND ZONING COMMISSION AGENDA May 21, 2009 PAGE2 5. Consider: ZA08-110, PRELIMINAY PLAT FOR GLOSSER ADDITION being Tracts 313 & 3601, J.H. Childress Survey, Abstract No. 253 and Lot 7, Block 1, Cedar Oaks Estates being located at located at 1680 N. Peytonville Ave., 1640 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 and "SF-2" Single Family Residential District. SPIN Neighborhood # 12. PUBLIC HEARING 6. 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 Unit Development District. SPIN Neighborhood # 9W. PUBLIC HEARING 7. Consider: ZA09-013, ZONING CHANGE AND DEVELOPMENT PLAN FOR STATHAWEDDINS PROPERTY, being Lots 1 and 2, R.D. Price No. 1207 Addition and Tract 7, Rees D. Price Survey, Abstract No. 1207 and being located at 2988, 3000, and 3010 Burney Ln., Southlake, Texas. The current zoning is "SF-1A" Single Family Residential District and "R-PUD" Residential Planned Unit Development. The proposed zoning is "R-PUD" - Residential Planned Unit Development District. SPIN Neighborhood #3. PUBLIC HEARING 8. Consider: ZA09-014, PLAT REVISION FOR LOTS 1 R and 2R, R.D. PRICE NO. 1207 ADDITION being a revision of Lots 1 and 2, R.D. Price No. 1207 Addition and Tract 7, Rees D. Price Survey, Abstract No. 1207 and being located at 2988, 3000, and 3010 Burney Ln., Southlake, Texas. The current zoning is "SF-1A" Single Family Residential District and "R-PUD" Residential Planned Unit Development. SPIN Neighborhood #3. PUBLIC HEARING 9. Consider: 480-ZZZ, AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, SECTION 44.12 (1), as amended, Special Exceptions Use, as it pertains to the regulations for servants or family quarters. PUBLIC HEARING 10. 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, May 15, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Pap,- • • Lori Payne, TRMC ? ; • City Secretary - ~ • = If you plan to attend this public me4ng and.flggeb2 diAility that requires special needs, please advise the City Secretary 48 hours in advance at 817-748-8016, aWN9aso to a608mmodations will be made to assist you. '.eaenn.11"'~ CITY OF SOUTIHLAKE TEXAS 1 REGULAR PLANNING AND ZONING COMMISSION MEETING MAY 21, 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: Vice-Chairman Faglie and Commissioners Jeff Wang, Robert 9 Hudson, Michael Springer, and Joe Lancor 10 11 COMMISSIONERS ABSENT: Chairman Morin and Commissioner Brigham McCown 12 13 STAFF PRESENT: Ken Baker, Director of Planning & Development Services; Dennis Killough, 14 Deputy Director of Planning & Development Services; Clayton Comstock, Planner II; Jenny Crosby, 15 Planner II; Daniel Cortez, Planner I; Michelle McCullough, Civil Engineer; Michael James, Civil 16 Engineer; Cheryl Taylor, Civil Engineer; and Stephanie Breitbarth, Administrative Secretary Planning 17 & Development Services. 18 19 WORK SESSION: 20 21 Acting Chairman Faglie called the work session to order at 6:00 p.m. 22 23 Presentation was made to the Commission regarding Annual Development Excellence Award 24 Nominees. 25 26 Jenny Crosby, Planner ll, presented this item to the Commission and opened for questions. 27 28 Presentation was made to the Commission regarding the Annual Development Activity Report. 29 30 Clayton Comstock, Planner ll, presented this item to the Commission and opened for questions. 31 32 No Action was taken during the work session. 33 34 REGULAR SESSION: 35 36 Agenda Item No. 1 - Call to Order: Acting Chairman Faglie called the regular meeting to order at 37 6:48:36 p.m. 38 39 Commissioner Springer left chambers at 6:48:46 p.m. 40 41 Agenda Item No. 2 - Approval of Minutes: Acting Chairman Faglie opened discussion of the 42 minutes of the Planning and Zoning Commission meeting held on April 23, 2009. 43 44 Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on 45 April 23, 2009, as presented. 46 47 Motion: Hudson 48 Second: Wang 49 Ayes: Wang, Hudson, Faglie 50 Nays: None Planning and Zoning Commission Meeting - May 21, 2009 Page 1 of 6 51 Abstain: Lancor 52 Failed: 3-0-1 53 Motion failed: Due to lack of present quorum. 54 55 Agenda Item No. 3 -Administrative Comments: Ken Baker, Director of Planning and Development 56 Services, stated that there were no Administrative Comments. 57 58 Commissioner Springer returned to chambers at 6:49:50 p.m. 59 60 Agenda Item No. 2 - Approval of Minutes: Acting Chairman Faglie re-opened discussion of the 61 minutes of the Planning and Zoning Commission meeting held on April 23, 2009. 62 63 Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on 64 April 23, 2009, as presented. 65 66 Motion: Hudson 67 Second: Wang 68 Ayes: Wang, Hudson, Faglie, Springer 69 Nays: None 70 Abstain: Lancor 71 Approved: 4-0-1 72 Motion carried. 73 74 Agenda Item No 4 - ZA08-091, Zoning Change and Concept Plan for Glosser Addition: Daniel 75 Cortez, Planner I, presented this item to the Commission for a Zoning Change and Concept Plan for 76 Glosser Addition on property being described as Tracts 3B and 3131, J. Childress Survey, Abstract 77 No. 522 and Concept Plan for Glosser Addition on property being described as Tracts 3B and 3131, 78 J. Childress Survey, Abstract No. 522 and Lot 7, Block 1, Cedar Oaks Estates being located at 79 1680 N. Peytonville Ave, 1640 N. Peytonville Ave., and 1800 Sleepy Hollow Trail, Southlake, Texas. 80 The current zoning is "AG" - Agricultural District and "SF-1A" - Single Family Residential District. 81 The Requested Zoning is "SF-1A" Single Family Residential District and "SF-2" Single Family 82 Residential District. SPIN Neighborhood # 12. The Owner is T.W. and Debra Glosser. The Applicant 83 is Tom Matthews. 84 85 Agenda Item No 5 - ZA08-110, Preliminary Plat for Glosser Addition: Daniel Cortez, Planner I, 86 presented this item to the Commission for a Preliminary Plat for Glosser Addition being Tracts 3B & 87 31301, J.H. Childress Survey, Abstract No. 253 and Lot 7, Block 1, Cedar Oaks Estates being 88 located at located at 1680 N. Peytonville Ave., 1640 N. Peytonville Ave. and 1800 Sleepy Hollow 89 Trail, Southlake, TX. The current zoning is "AG" - Agricultural District and "SF-1A" - Single Family 90 Residential District. The requested zoning is "SF-1A" Single Family Residential District and "SF-2" 91 Single Family Residential District. SPIN Neighborhood # 12. The Owner is T.W. and Debra Glosser. 92 The Applicant is Tom Matthews. 93 94 Tom Matthews, ApplicantlDeveloper, made a presentation to the Commission addressing the 95 changes to the plan and opened for questions from the Commission. 96 97 Acting Chairman Faglie opened the public hearing. 98 99 Karen Murphy, 1303 Plantation Drive, did not wish to speak but turned in a public hearing comment 1 00 card to register opposition and to request more information. 01 Planning and Zoning Commission Meeting - May 21, 2009 Page 2 of 6 102 Nancy Jackson, 1240 Post Oak Trail, did not wish to speak but turned in a public hearing comment 03 card to register opposition. 104 105 Ralph Nimergood, 1305 Plantation Drive, spoke in opposition of the development and expressed 106 concern over the change in proposed zoning and the opportunity forfuture development on eitherof 107 these lots in excess of a single home on each lot. 108 109 Tom Murphy, 1303 Plantation Drive, spoke in opposition of the development and expressed concern 110 over the change in proposed zoning and asked for more explanation from the Commission and 111 Staff. 112 113 Acting Chairman Faglie closed the public hearing and called for discussion. No further discussion 114 took place. 115 116 Motion was made to approve ZA08-091, Zoning Change and Concept Plan for Glosser Addition, 117 granting the variance for the requirement of a four (4') foot sidewalk on N. Peytonville Avenue and 118 Sleepy Hollow Trail, and subject to concept Plan Review Summary No 3, dated May 11, 2009. 119 120 Motion: Hudson 121 Second: Lancor 122 Ayes: Wang, Hudson, Lancor, Springer, Faglie 123 Nays: None 124 Abstain: None 125 Approved: 5-0 126 Motion carried. '27 28 Motion was made to approve ZA08-110, Preliminary Plat for Glosser Addition, granting the variance 129 for the requirement of a four (4') foot sidewalk on N. Peytonville Avenue and Sleepy Hollow Trail, 130 and subject to concept Plan Review Summary No 3, dated May 11, 2009. 131 132 Motion: Hudson 133 Second: Lancor 134 Ayes: Wang, Hudson, Lancor, Springer, Faglie 135 Nays: None 136 Abstain: None 137 Approved: 5-0 138 Motion carried. 139 140 Agenda Item No 6 - ZA09-004, Site Plan for Timarron Pump House at the Neighborhood 141 Center: Dennis Killough, Deputy Director of Planning and Development Services, presented this item 142 to the Commission for a Site Plan for Timarron Pump House at the Neighborhood Center on 143 property being described as Common Green 3, Timarron Addition, Phase One, Section Two - Bent 144 Creek and being located at 1250 Bent Creek Dr., Southlake, TX. The current zoning is "R-PUD" - 145 Residential Planned Unit Development District. SPIN Neighborhood # 9W.The Owner/Applicant is 146 Timarron Owners Association. 147 148 John Slocum - 1425 Bentley Court and Don Coonan - 612 Regency Crossing), Applicant, Timarron 149 Owners Association, opened for questions. 150 151 Acting Chairman Faglie opened the public hearing. 52 Planning and Zoning Commission Meeting - May 21, 2009 Page 3 of 6 153 No one from the audience came forward to speak. 54 155 Acting Chairman Faglie closed the public hearing and called for discussion. Commissioners 156 discussed the need for a nine (9') foot fence rather than an eight (8) foot fence; Mr. Slocum stated it 157 was to fully conceal the pump equipment that is slightly over eight (8') feet tall. 158 159 Motion was made to approve ZA09-004, Site Plan for Timarron Pump House at the Neighborhood 160 Center, granting the requested variance to the masonry on all sides of the building and approving 161 the use of a wood frame building with Hardi-board siding surrounded by a nine foot (9') cedar fence 162 with landscaping, and subject to Staffs Report dated May 15, 2009. 163 164 Motion: Hudson 165 Second: Lancor 166 Ayes: Wang, Hudson, Lancor, Springer, Faglie 167 Nays: None 168 Abstain: None 169 Approved: 5-0 170 Motion carried. 171 172 Agenda Item No 7 - ZA09-013, Zoning Change and Development Plan for Statham/Eddins 173 Property: Clayton Comstock, Planner II, presented this item to the Commission for a Zoning Change 174 and Development Plan for Statham/Eddins Property being Lots 1 and 2, R.D. Price No. 1207 175 Addition and Tract 7, Rees D. Price Survey, Abstract No. 1207 and being located at 2988, 3000, and 176 3010 Burney Ln., Southlake, Texas. The current zoning is "SF-1A" Single Family Residential District 177 and "R-PUD" Residential Planned Unit Development. The proposed zoning is "R-PUD" - Residential '78 Planned Unit Development District. SPIN Neighborhood #3.The Owner/Applicant is Ron C. Eddins. 179 180 Agenda Item No 8 - ZA09-014 Plat Revision for Lots 1 R and 2R, R.D. Price No. 1207 181 Addition: Clayton Comstock, Planner II, presented this item to the Commission for a Plat Revision 182 for Lots 1 R and 2R, R.D. Price No. 1207 Addition being a revision of Lots 1 and 2, R.D. Price No. 183 1207 Addition and Tract 7, Rees D. Price Survey, Abstract No. 1207 and being located at 2988, 184 3000, and 3010 Burney Ln., Southlake, Texas. The current zoning is "SF-1A" Single Family 185 Residential District and "R-PUD" Residential Planned Unit Development. SPIN Neighborhood #3. 186 The Owner/Applicant is Ron C. Eddins. 187 188 Ron Eddins, 3001 Native Oak Drive, Flower Mound, TX, Owner/Applicant, opened for questions. 189 190 Acting Chairman Faglie opened the public hearing. 191 192 Alan Clark, 3570 Burney Lane, submitted Public Comment Registration Card stating '7 do not wish to 193 speak, but please record my support" but did not wish to speak. 194 195 David George, 2980 Burney Lane, submitted Public Comment Registration Card stating "1 do not 196 wish to speak, but please record my support" but did not wish to speak. 197 198 Alan Clark, 3570 Burney Lane, Came forward to speak, expressed concern over height overparts of 199 home but was in favor. 200 201 Acting Chairman Faglie closed the public hearing and called for discussion. Commissioners 'W discussed the preservation of the trees on the lot and the maximum height allowable for observation ,03 tower and overall roof height. Planning and Zoning Commission Meeting - May 21, 2009 Page 4 of 6 204 05 Acting Chairman Faglie opened the public hearing. 206 207 David George, 2980 Burney Lane, expressed concerns over height of observation tower and wanted 208 to meet with his future neighbor to discuss the plans in more detail. 209 210 Acting Chairman Faglie closed the public hearing and called for discussion. No further discussion 211 took place. 212 213 Motion was made to approve ZA09-013, Zoning Change and Development Plan for Statham/Eddins 214 Property, noting that Letter'A' of Development Regulations will be returned to the original R-PUD 215 height limitation of forty-five feet (45') while allowing the applicant the opportunity to construct an 216 observation tower not to exceed 300 square feet whose roof height shall not exceed fifty-feet (50') in 217 height measured at the roofs ridge; subject to Staff Review Summary No. 2, dated May 15, 2009. 218 219 Motion: Hudson 220 Second: Lancor 221 Ayes: Wang, Hudson, Lancor, Springer, Faglie 222 Nays: None 223 Abstain: None 224 Approved: 5-0 225 Motion carried. 226 227 Motion was made to approve ZA09-014, Plat Revision for Lots 1R and 2R, R.D. Price No. 207 228 Addition, subject to Plat Review Summary No. 2, dated May 15, 2009. `29 230 Motion: Hudson 231 Second: Lancor 232 Ayes: Wang, Hudson, Lancor, Springer, Faglie 233 Nays: None 234 Abstain: None 235 Approved: 6-0 236 Motion carried. 237 238 Agenda Item No 9 - 480-ZZZ An Amendment to the Comprehensive Zoning Ordinance No. 480, 239 Section 4412 (1) as Amended Special Exceptions Use as it Pertains to the Reaulations for 240 Servants or Family Quarters: Dennis Killough, Deputy Director of Planning and Development 241 Services, presented this item to the Commission for 480-ZZZ, an Amendment to the Comprehensive 242 Zoning Ordinance No. 480, Section 44.12 (1), as amended, Special Exceptions Use, as it pertains to 243 the regulations for servants or family quarters. 244 245 Acting Chairman Faglie opened the public hearing. 246 247 No one from the audience came forward to speak. 248 249 Acting Chairman Faglie closed the public hearing and called for discussion. No further discussion 250 took place. 251 252 Motion was made to approve 480-ZZZ, an Amendment to the Comprehensive Zoning Ordinance No. 253 480, Section 44.12 (1), as amended, Special Exceptions Use, as it pertains to the regulations for Planning and Zoning Commission Meeting - May 21, 2009 Page 5 of 6 254 servants or family quarters, approving the change from the maximum allowable area for servant or 55 family quarters from one-thousand (1000) square feet to two-thousand (2000) square feet. 256 257 Motion: Hudson 258 Second: Lancor 259 Ayes: Wang, Hudson, Lancor, Springer, Faglie 260 Nays: None 261 Abstain: None 262 Approved: 6-0 263 Motion carried. 264 265 Agenda Item No. 10 - Meeting Adjournment: Acting Chairman Faglie adjourned the meeting at 266 8:15:40 p.m. on May 21, 2009. 267 268 269 270 271 Darrell Faglie 272 Vice-Chairman 273 TEST: 274 275 U 276 Stephanie r itbarth 277 Commission Secretary Planning and Zoning Commission Meeting - May 21, 2009 Page 6 of 6