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2009-11-19 P&Z Meeting CITY OF SOUTHLAKE TEXAS PLANNING AND ZONING COMMISSION MEETING: NOVEMBER 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: 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 October 5, 2009. 3. Administrative Comments. REGULAR AGENDA: 4. Consider: ZA09-055, Zoning Change and Site Plan for. The Offices at Noble Oaks on property being described as Lot 4, J. W. Hale No. 803 Addition, Southlake, Tarrant County, Texas and being located at 1121 S. Carroll Ave., Southlake, Texas. The Current Zoning is "S-P-1" - Detailed Site Plan District. The Proposed Zoning is "S- P-1" - Detailed Site Plan District. SPIN Neighborhood # 9. PUBLIC HEARING 5. Consider: ZA09-058, Specific Use Permit for Batteries Plus for the Retail Sale of Batteries on property being described as Lot 3, Block 1, Cornerstone Plaza, Southlake, Tarrant County, Texas and being located at 2757 E. Southlake Blvd., Ste. A-120, Southlake, TX. The Current Zoning is "S-P-2" - Generalized Site Plan District. SPIN Neighborhood # 8. PUBLIC HEARING PLANNING AND ZONING COMMISSION AGENDA November 19, 2009 PAGE 2 6. Consider: ZA09-059, Zoning Change and Site Plan for Invitation Park on property being described as Tracts 3B, 3601 and a Portion of 3D01, Obediah W. Knight Survey, Abstract 899 and being located at 821, 825 and 835 E. Southlake Blvd., Southlake, Tarrant County, Texas. The Current Zoning is "S-P-1" - Detailed Site Plan District. The Proposed Zoning is "S-P-1" - Detailed Site Plan District. SPIN Neighborhood # 8. PUBLIC HEARING 7. Consider: Ordinance 962, Amending the Adopted Master Thoroughfare Plan and Map to Indicate the General Roadway Alignment, Ultimate Roadway Cross Section and Right-of-Way Requirements for Kirkwood Boulevard in the Vicinity of Highland Street and Carroll Avenue Intersection, North of State Highway 114. PUBLIC HEARING 8. 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, November 13, 2009, by 6:00 p.m., pursuant to the Texas /Government Code, Chapter 551. s° a Lori Payne, TRM - City Secretary - co w b a N `y~ ® If you plan to attend this public meetrv andpave a diso6ility that requires special needs, please advise the City Secretary 48 hours in advance at 817-748-8016, and reasonable acefta oefi ions 'I/be made to assist you. ,'J r, s, 76eEP d Ytggt i CITY OF SOUTH LAKE TEXAS 1 REGULAR PLANNING AND ZONING COMMISSION MEETING NOVEMBER 19, 2009 2 3 LOCATION: 1400 Main Street, Southlake, Texas 4 Work Session - Executive Conference Room, Suite 268 of City Hall 5 or City Council Chambers of City Hall 6 Regular Session - City Council Chambers of City Hall 7 8 COMMISSIONERS PRESENT: Chairman Al Morin, Vice-Chairman Darrell Faglie and 9 Commissioners Jeff Wang, Brigham McCown, Robert Hudson, and Joe Lancor. 10 11 COMMISSIONERS ABSENT: Commissioner Michael Springer 12 13 STAFF PRESENT: Ken Baker, Director of Planning & Development Services; Dennis Killough, 14 Deputy Director of Planning & Development Services; Bob Price, Director of Public Works; Gordon 15 Mayer, Deputy Director of Public Works/City Engineer; Michael James, Civil Engineer; Cheryl Taylor, 16 Civil Engineer; and Stephanie Breitbarth, Commission Secretary. 17 18 Agenda Item No. 1 - Call to Order: Chairman Morin called the regular meeting to order at 6:37:12 19 P.M. 20 21 Agenda Item No. 2 - Approval of Minutes: Chairman Morin opened discussion of the minutes of 22 the Regular Planning and Zoning Commission meeting held on November 5, 2009. 23 24 Motion was made to approve the minutes of the Regular Planning and Zoning Commission meeting 25 held on November 5, 2009, as presented. 26 27 Motion: Hudson 28 Second: Faglie 29 Ayes: Wang, McCown, Hudson, Lancor, Faglie, Morin 30 Nays: None 31 Abstain: None 32 Approved: 6-0 33 Motion carried 34 35 Agenda Item No 3 - Administrative Comments: Ken Baker, Director of Planning & Development 36 Services, announced that the City is currently asking residents to participate in an online survey that 37 can be found on the City's website, www.cityofsouthlake.com. The survey takes about twenty 38 minutes to complete and participation is greatly appreciated. 39 40 Agenda Item No 4 - ZA09-055 Zoning Change and Site Plan for The Offices at Noble Oaks: 41 Dennis Killough, Deputy Director of Planning & Development Services, presented this item to the 42 Commission for a Zoning Change and Site Plan for The Offices at Noble Oaks on property being 43 described as Lot 4, J. W. Hale No. 803 Addition, Southlake, Tarrant County, Texas and being 44 located at 1121 S. Carroll Ave., Southlake, Texas. The Current Zoning is "S-P-1" - Detailed Site 45 Plan District. The Proposed Zoning is "S-P-1" - Detailed Site Plan District. SPIN Neighborhood # 9. 46 The owner/Applicant is Noble Oaks Partners, L.P. 47 48 Nelson Somerville, 13631 Ashridge Drive, Dallas, TX; was present and responded to questions from 49 the Commission. 50 Planning and Zoning Commission Meeting - November 19, 2009 Page 1 of 5 51 Dr. Dan Donahue, 402 Alexander Court, Southlake, TX; was present and responded to questions 52 from the Commission. 53 54 Chairman Morin opened the public hearing. 55 56 Gary Pitcock, 1506 Spruce Court, Southlake, TX; spoke in OPPOSITION to this item due citing 57 inadequate parking for the proposed use and an increase in noise issues. 58 59 Bill Vaughn, 401 Marshall Road, Southlake, TX; Co-Owner of The Offices at Noble Oaks, was present 60 and responded to concerns raised during the public hearing. 61 62 No one from the audience came forward to speak. 63 64 Chairman Morin closed the public hearing and called for further discussion. Commissioners 65 discussed parking concerns and addressed limiting medical use type and limiting square footage. 66 67 Motion was made to approve ZA09-055, Zoning Change and Site Plan for The Offices at Noble 68 Oaks, limiting the medical use to dental only not to exceed 3000 square feet, also including the 69 previously approved regulations outlined in the Site Plan Zoning letter, and subject to Staff Report 70 dated November 13, 2009. 71 72 Motion: Hudson 73 Second: Faglie 74 Ayes: Wang, McCown, Hudson, Faglie, Morin 75 Nays: Lancor 76 Abstain: None 77 Approved: 5-1 78 Motion carried 79 80 Agenda Item No 5 - ZA09-058 Specific Use Permit for Batteries Plus for the Retail Sale of 81 Batteries: Dennis Killough, Deputy Director of Planning & Development Services, presented this 82 item to the Commission for a Specific Use Permit for Batteries Plus for the Retail Sale of Batteries 83 on property being described as Lot 3, Block 1, Cornerstone Plaza, Southlake, Tarrant County, Texas 84 and being located at 2757 E. Southlake Blvd., Ste. A-120, Southlake, TX. The Current Zoning is "S- 85 P-2" - Generalized Site Plan District. SPIN Neighborhood # 8.The owner is FGG Cornerstone Plaza, 86 LLC. The applicant is Jeff Lambeth and Felicia Gatlin. 87 88 Jeff Lambeth and Felicia Gatlin, 1409 Mayfield Place, Southlake, TX, was present and responded to 89 questions from the Commission. 90 91 Chairman Morin opened the public hearing. 92 93 No one from the audience came forward to speak. 94 95 Chairman Morin closed the public hearing and called for further discussion. Commissioners 96 discussed options for length of Specific Use Permit approval and storage and disposal of new and 97 used batteries. 98 99 Motion was made to approve ZA09-058, Specific Use Permit for Batteries Plus for the Retail Sale of 100 Batteries, granting approval for the Specific Use Permit for the life of the lease, and noting that all 101 inventory will be stored inside the building, and subject to Staff Report dated November 13, 2009. Planning and Zoning Commission Meeting - November 19, 2009 Page 2 of 5 102 103 Motion: Hudson 104 Second: Faglie 105 Ayes: Wang, McCown, Hudson, Lancor, Faglie, Morin 106 Nays: None 107 Abstain: None 108 Approved: 6-0 109 Motion carried 110 111 Agenda Item No 6 - ZA09-059 Zoning Change and Site Plan for Invitation Park: Dennis 112 Killough, Deputy Director of Planning & Development Services, presented this item to the 113 Commission for a Zoning Change and Site Plan for Invitation Park on property being described as 114 Tracts 3B, 31301 and a Portion of 3D01, Obediah W. Knight Survey, Abstract 899 and being located 115 at 821, 825 and 835 E. Southlake Blvd., Southlake, Tarrant County, Texas. The Current Zoning is 116 "S-P-1" - Detailed Site Plan District. The Proposed Zoning is "S-P-1" - Detailed Site Plan District. 117 SPIN Neighborhood # 8. The owner is Vision Southwest Silverlake, LLC. The Applicant is T. Howard 118 & Associates. 119 120 Dan Bryson, 6503 Meade Drive, Colleyville, TX, was present and responded to questions from the 121 Commission. 122 123 Chairman Morin opened the public hearing. 124 125 Tom Matthews, 2600 East Southlake Boulevard, Southlake, TX; was present to represent Zena 126 Rucker and addressed concerns over not having a finalized agreement relating to the access 127 easement to Ms. Rucker's property and to the building of Zena Rucker Road. 128 129 Zena Rucker, 650 South Carroll Avenue, Southlake, TX, was present and addressed concerns she 130 had regarding the completion of the agreements relating to the access easement to Ms. Rucker's 131 property and to the building of Zena Rucker Road. Ms. Rucker expressed additional concern 132 regarding the drainage of water from the proposed site onto her property. 133 134 Dan Bryson, 6503 Meade Drive, Colleyville, TX; responded to concerns raised by Mr. Matthews and 135 Ms. Rucker. 136 137 Marco Martinez, 215 West College Street, Grapevine, TX, responded to concerns raised by Mr. 138 Matthews and Ms. Rucker. 139 140 Jason Bannister, 2400 North Highway 287, Mansfield, TX; with Bannister Engineering, responded to 141 the drainage concerns raised by Ms. Rucker and further noted that extensive drainage work has 142 been done at this stage so that the site plan will accommodate the proposed underground drainage 143 system. 144 145 Dan Bryson, 6503 Meade Drive, Colleyville, TX, responded to the Commission's questions 146 regarding the clock tower. 147 148 Zena Rucker, 650 South Carroll Avenue, Southlake, TX; responded to the Commission's questions 149 relating to the easement. 150 151 No one from the audience came forward to speak. 152 Planning and Zoning Commission Meeting - November 19, 2009 Page 3 of 5 153 Chairman Morin closed the public hearing and called for further discussion. Commissioners 154 expressed concern over the lack of a SPIN meeting prior to submitting for Planning and Zoning 155 Commission approval and also addressed concerns over the lack of a completed agreement 156 between Vision Southwest Silverlake, LLC and Ms. Rucker. 157 158 Chairman Morin re-opened the public hearing. 159 160 Zena Rucker, 650 South Carroll Avenue, Southlake, TX, responded to the Commission's concerns 161 relating to SPIN. 162 163 No one from the audience came forward to speak. 164 165 Chairman Morin closed the public hearing and called for further discussion. Commissioners 166 continued discussion relating to SPIN, the agreements relating to the access easement and Zena 167 Rucker Road, and addressed landscaping issues. 168 169 Chairman Morin re-opened the public hearing. 170 171 Jeff Linder, 2400 North Highway 287, Mansfield, TX, Landscape Architect with Bannister 172 Engineering, responded to the Commission's concerns regarding the landscaping on site and stated 173 they would look to increasing the number of tree's on site but noted that the lack of trees on the 174 south west side was due to the inability to plant trees due to the location of the underground 175 drainage system that will be on site. 176 177 Marco Martinez, 215 West College Street, Grapevine, TX, addressed parking concerns raised by the 178 Commission. 179 180 Dr. Angelo Mendez, 1344 Lakeview Drive, Southlake, TX; addressed concern over the future 181 medians that will be on Southlake Boulevard and how access to his property and to the proposed 182 site will be managed and if there would be a light placed at this location. Director Baker responded 183 to Mr. Mendez's concerns noting that the access to the Mendez property and to the Invitation Park 184 property will not be obstructed by any medians and when traffic counts warrant it then TXDOT will 185 pursue placing a light at that intersection. 186 187 No one from the audience came forward to speak. 188 189 Chairman Morin closed the public hearing and called for further discussion. Applicant Nels Nelson, 190 2803 Carrick Court, Southlake, TX; responded to the Commission's concerns relating to SPIN, 191 landscaping and the agreements with Ms. Rucker and requested to table this item until the 192 December 3, 2009 Planning and Zoning Commission Meeting. 193 194 Motion was made to table ZA09-059, Zoning Change and Site Plan for Invitation Park, to the 195 December 3, 2009 Planning and Zoning Commission Meeting. 196 197 Motion: Hudson 198 Second: Faglie 199 Ayes: Wang, McCown, Hudson, Lancor, Faglie, Morin 200 Nays: None 201 Abstain: None 202 Approved: 6-0 203 Motion tabled Planning and Zoning Commission Meeting - November 19, 2009 Page 4 of 5 204 205 Agenda Item No 7 Ordinance 962, Amending the Adopted Master Thoroughfare Plan and 206 Map to Indicate the General Roadway Alignment for Kirkwood Boulevard: Michael James, Civil 207 Engineer, presented this item to the Commission for a Ordinance 962, Amending the Adopted 208 Master Thoroughfare Plan and Map to Indicate the General Roadway Alignment, Ultimate Roadway 209 Cross Section and Right-of-Way Requirements for Kirkwood Boulevard in the Vicinity of Highland 210 Street and Carroll Avenue Intersection, North of State Highway 114. 211 212 Bob Price, Director of Public Works; responded to the Commission's questions relating to the 213 reason for the proposed alignment and responded to issues that had been raised at SPIN over the 214 past few years. 215 216 Chairman Morin opened the public hearing. 217 218 No one from the audience came forward to speak. 219 220 Chairman Morin closed the public hearing and called for further discussion. No further discussion 221 took place amongst the Commission. 222 223 Motion was made to approve Ordinance 962, Amending the Adopted Master Thoroughfare Plan 224 and Map to Indicate the General Roadway Alignment, Ultimate Roadway Cross Section and Right- 225 of-Way Requirements for Kirkwood Boulevard in the Vicinity of Highland Street and Carroll Avenue 226 Intersection, North of State Highway 114, subject to Staff Memo dated November 19, 2009. 227 228 Motion: Hudson 229 Second: Faglie 230 Ayes: Wang, McCown, Hudson, Lancor, Faglie, Morin 231 Nays: None 232 Abstain: None 233 Approved: 6-0 234 Motion carried 235 236 Agenda Item No. 8 -Meeting Adjournment: Chairman Morin adjourned the meeting at 9:16:35 237 p.m. on November 19, 2009. 238 239 i 240 241 r° 242 243 Al CMorin 244 Chairman 245 ATTEST: 246 247 " (JU~~ 248 249 Step nie J. eitbarth 250 Commission Secretary Planning and Zoning Commission Meeting - November 19, 2009 Page 5 of 5