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2009-12-03 P&Z Meeting V CITY OF SOUTHLAKE TEXAS PLANNING AND ZONING COMMISSION MEETING: DECEMBER 3 ,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 November 19, 2009. 3. Administrative Comments. REGULAR AGENDA: 4. Consider: ZA09-059, Zoning Change and Site Plan for Invitation Park on property being described as Tracts 36, 31301 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. Tabled from the November 19, 2009 Regular Planning and Zoning Commission Meeting PUBLIC HEARING 5. Consider: ZA09-056, Plat Revision for Lots 9R, 10 & 11, A. H. Chivers No. 299 Addition, an addition to the City of Southlake, Tarrant County, Texas, being a revision of Tract 2C5, A. H. Chivers Survey, Abstract No. 299; and Lot 9, A. H. Chivers No. 299 Addition, an addition to the City of Southlake, Tarrant County, Texas and being located at 1030 and 1080 Primrose Lane, Southlake, Texas. The Current Zoning is "SF-20A" - Single Family Residential District. SPIN Neighborhood # 3. PUBLIC HEARING PLANNING AND ZONING COMMISSION AGENDA December 3, 2009 PAGE 2 6. Consider: ZA09-057, Zoning Change and Site Plan for Dragon Stadium Expansion on property being described as Carroll ISD No. 6 Addition, Southlake, Tarrant County, Texas and being located at 1085 South Kimball Avenue, Southlake, TX. 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: ZA09-063, Zoning Change and Concept Plan for Harris Methodist Southlake on property being described as Lot 1R, Block 1, Gorbutt Addition and being located at 1545 East Southlake Boulevard Southlake, Tarrant County, Texas. The Current Zoning is "S-P-2" - Generalized Site Plan District. The Proposed Zoning is "S-P-2" - Generalized Site Plan District. SPIN Neighborhood # 8. 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 25, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Lori Payne, TRIVIP City Secretary s g If you plan to attend this public meeting an&have s4f&Wthat r6quires special needs, please advise the City Secretary 48 hours in advance at 817-748-8016, and reasonable accDi ,modati=* wi`k made to assist you. CITY OF AMENDED SOUTH LADE TEXAS 1 REGULAR PLANNING AND ZONING COMMISSION MEETING DECEMBER 3. 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 and Commissioners Jeff Wang, Brigham 9 McCown, Robert Hudson and Joe Lancor. 10 11 COMMISSIONERS ABSENT: Vice-Chairman Darrell Faglie and Commissioner Springer 12 13 STAFF PRESENT: Ken Baker, Director of Planning & Development Services; Richard Schell, 14 Planner II; Daniel Cortez, Planner I; Michael James, Civil Engineer; Michelle McCullough, Civil 15 Engineer; Cheryl Taylor, Civil Engineer; Gordon Mayer, City Engineer; Steve Wood, City Attorney; 16 and Stephanie Breitbarth, Commission Secretary. 17 18 Agenda Item No. 1 - Call to Order: Chairman Morin called the regular meeting to order at 6:32:19 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 19, 2009. 23 24 Motion was made to approve the minutes of the Regular Planning and Zoning Commission meeting 25 held on November 19, 2009, as presented. 26 27 Motion: Hudson 28 Second: McCown 29 Ayes: Wang, McCown, Hudson, Lancor, Morin 30 Nays: None 31 Abstain: None 32 Approved: 5-0 33 Motion carried 34 35 Agenda Item No. 3 - Administrative Comments: Ken Baker, Director of Planning & Development 36 Services, noted that that the City is currently asking residents to participate in an online survey that 37 can be found on the City's website, www.citvofsouthlake.com. The survey takes about twenty 38 minutes to complete and participation is greatly appreciated. Director Baker also noted the City is in 39 the process of preparing an application for funding for sidewalks along F.M. 1709 (Southlake 40 Boulevard) through the 2009 Statewide Transportation Enhancement Program (STEP) and 41 comments and letters of support are strongly encouraged. Letters of support received by 5:00 PM 42 on Thursday, December 10, 2009 will be included with the application submittal. 43 44 Chairman Morin moved item No. 5 -ZA09-056, Plat Revision for Lots 9R, 10 & 11, A. H. Chivers No. 45 299 Addition, up on the agenda. 46 47 Agenda Item No. 5 - ZA09-056, Plat Revision for Lots 9R, 10 & 11, A. H. Chivers No. 299 48 Addition: Daniel Cortez, Planner I, presented this item to the Commission for a Plat Revision for 49 Lots 9R, 10 & 11, A. H. Chivers No. 299 Addition, an addition to the City of Southlake, Tarrant 50 County, Texas, being a revision of Tract 2C5, A. H. Chivers Survey, Abstract No. 299; and Lot 9, A. Planning and Zoning Commission Meeting - December 3, 2009 Page 1 of 5 51 H. Chivers No. 299 Addition, an addition to the City of Southlake, Tarrant County, Texas and being 52 located at 1030 and 1080 Primrose Lane, Southlake, Texas. The Current Zoning is "SF-20A" - 53 Single Family Residential District. SPIN Neighborhood # 3. The owner/applicant is Terra/Stratfort 54 Office, L.P. 55 56 Kosse Maykus, 608 Chapel Court, Southlake, TX, was present and responded to questions from the 57 Commission. 58 59 Chairman Morin opened the public hearing. 60 61 No one from the audience came forward to speak. 62 63 Chairman Morin closed the public hearing and called for further discussion. No further discussion 64 took place. 65 66 Motion was made to approve ZA09-056, Plat Revision for Lots 9R, 10 & 11, A. H. Chivers No. 299 67 Addition, subject to Review Summary No. 2 dated November 23, 2009. 68 69 Motion: Hudson 70 Second: Wang 71 Ayes: Wang, McCown, Hudson, Lancor, Morin 72 Nays: None 73 Abstain: None 74 Approved: 5-0 75 Motion carried 76 77 Agenda Item No. 4 - ZA09-059, Zoning Change and Site Plan for Invitation Park: Daniel Cortez, 78 Planner I, presented this item to the Commission for a Zoning Change and Site Plan for Invitation 79 Park on property being described as Tracts 313, 31301 and a Portion of 3D01, Obediah W. Knight 80 Survey, Abstract 899 and being located at 821, 825 and 835 E. Southlake Blvd., Southlake, Tarrant 81 County, Texas. The Current Zoning is "S-P-1"- Detailed Site Plan District. The Proposed Zoning is 82 "S-P-1" - Detailed Site Plan District. SPIN Neighborhood # 8. The owner is Vision Southwest 83 Silverlake, LLC. The Applicant is T. Howard & Associates. 84 85 Ken Baker, Director of Planning & Development Services, discussed the revised staff report that 86 was distributed to the commission at the beginning of the meeting and addressed the parking 87 issues that arose at the prior public hearing. 88 89 Dan Bryson, 6503 Meade Drive, Colleyville, TX; was present and made a presentation to the 90 Commission relating to issues that arose during the prior public hearing and responded to questions 91 from the Commission. 92 93 Marco Martinez, 215 West College Street, Grapevine, TX; was present and responded to the 94 Commissioners questions relating to the style of the proposed units in the Assisted Living Center 95 and addressed the Commissioners concerns relating to parking. 96 97 Chairman Morin opened the public hearing. 98 99 No one from the audience came forward to speak. 100 101 Chairman Morin closed the public hearing and called for further discussion. Commissioner's Planning and Zoning Commission Meeting - December 3, 2009 Page 2 of 5 102 discussed limiting the wording in the permitted uses to specifically allow for only an assisted living 103 center and to a nursing college; Director Baker noted that the S-P-1 zoning is specific to the site and 104 can be as broad or as narrow as needed. Commissioner's discussed issues associated with the 105 revised landscape plan provided to the Commission at the meeting. Chairman Morin called the 106 Applicant back up. 107 108 Dan Bryson, 6503 Meade Drive, Colleyville, TX, responded to the commissioners questions 109 relating to the permitted use language. 110 111 Nels Nelson, 2803 Carrick Court, Southlake, TX; Responded to the Commissioner's questions 112 and stated that they would be ok with the restrictions of the nursing school but would not like to 113 see any limitations being placed on the assisted living portion of the zoning. 114 115 Jeff Linder, 2400 North Highway 287, Mansfield, TX, Landscape Architect with Bannister 116 Engineering, responded to the Commissions questions regarding the landscaping issues that 117 arose during the prior and current public hearing. 118 119 Motion was made to approve ZA09-059, Zoning Change and Site Plan for Invitation Park, granting 120 the variances to driveway spacing and stacking as presented; also striking language in the permitted 121 uses from colleges and junior colleges and other similar institutions making the permitted use for a 122 nursing college, public or private, providing that the floor area not exceed fifty-thousand (50,000) 123 square feet; noting the Applicants willingness to review the northwest corner of the property tree 124 planting and the feasibility of widening the sidewalk for tree canopy addition on the western side of 125 the south side of the nursing facility as presented in the presentation; subject to the applicants 126 presentation during the meeting; and subject Staff Review Summary No. 2, dated December 3, 127 2009. 128 129 Motion: Hudson 130 Second: Wang 131 Ayes: Wang, McCown, Hudson, Lancor, Morin 132 Nays: None 133 Abstain: None 134 Approved: 5-0 135 Motion carried 136 137 Agenda Item No. 6 - ZA09-057, Zoning Change and Site Plan for Dragon Stadium Expansion: 138 Richard Schell, Planner Il, presented this item to the Commission for a Zoning Change and Site 139 Plan for Dragon Stadium Expansion on property being described as Carroll ISD No. 6 Addition, 140 Southlake, Tarrant County, Texas and being located at 1085 South Kimball Avenue, Southlake, TX. 141 The Current Zoning is "S-P-1" - Detailed Site Plan District. The Proposed Zoning is "S-P-1" - 142 Detailed Site Plan District. SPIN Neighborhood # 8. The owner is Carroll Independent School 143 District. The Applicant is Hart, Gaugler & Associates, Inc. 144 145 Derek Citty, Carroll Independent School District, 3051 Dove Road, Grapevine, TX, and John 146 Blacker, Hart, Gaugler & Associates, Inc., 12801 N. Central Expressway, Suite 1400, Dallas, TX, 147 Were present and responded to questions from the Commission. Commissioner McCown asked 148 about the ratio of handicap parking; Mr. Blacker stated that he will check into the requirements 149 and will add additional handicap parking if needed. 150 151 Chairman Morin opened the public hearing. 152 Planning and Zoning Commission Meeting - December 3, 2009 Page 3 of 5 153 No one from the audience came forward to speak. 154 155 Chairman Morin closed the public hearing and called for further discussion. No further discussion 156 took place. 157 158 Motion was made to approve ZA09-057, Zoning Change and Site Plan for Dragon Stadium 159 Expansion, granting the following variances for parking lot plantings and interior landscape area, 160 and subject to Site Plan Review Summary No. 3, dated November 20, 2009. 161 162 Motion: Hudson 163 Second: McCown 164 Ayes: Wang, McCown, Hudson, Lancor, Morin 165 Nays: None 166 Abstain: None 167 Approved: 5-0 168 Motion carried 169 170 Commissioner Lancor recused himself from Item No. 7 and left chambers at 7:49 p.m. 171 172 Agenda Item No. 7 - ZA09-063, Zoning Change and Concept Plan for Harris Methodist 173 Southlake: Richard Schell, Planner II, presented this item to the Commission for a Zoning Change 174 and Concept Plan for Harris Methodist Southlake on property being described as Lot 1 R, Block 1, 175 Gorbutt Addition and being located at 1545 East Southlake Boulevard Southlake, Tarrant County, 176 Texas. The Current Zoning is "S-P-2" - Generalized Site Plan District. The Proposed Zoning is "S-P- 177 2" - Generalized Site Plan District. SPIN Neighborhood # 8. The owner is Texas Health Resources. 178 The Applicant is HKS, Inc. 179 180 John Hessler, HKS, Inc., 9106 Northside Drive, Dallas, TX and Francis Sapienza, Cambridge Health 181 Care Development, 4808 Bellerive Drive, Dallas, TX, Were present and responded to questions 182 from the Commission relating to parking concerns raised by residents. 183 184 Chairman Morin opened the public hearing. 185 186 Daniel McCabe, 1304 Westmont Court, Southlake, TX, Spoke in OPPOSITION to this item 187 addressing increased noise issues that is made from the facility. Mr. McCabe also addressed 188 issues with the increased parking area, where it will be and when will it be built. Director Baker 189 and the Applicant addressed Mr. McCabe's concerns. 190 191 Mark Meyer, 1302 Westmont Court, Southlake, TX, Expressed concern about the two story 192 building and if the parking will be completely underground; The Applicant responded to Mr. 193 Meyer's concerns. 194 195 Chairman Morin closed the public hearing and called for further discussion. No further discussion 196 took place. 197 198 Motion was made to approve ZA09-063, Zoning Change and Concept Plan for Harris Methodist 199 Southlake, subject to Staff Report Dated November 25, 2009. 200 201 Motion: Hudson 202 Second: Wang 203 Ayes: Wang, McCown, Hudson, Morin Planning and Zoning Commission Meeting - December 3, 2009 Page 4 of 5 204 Nays: None 205 Abstain: None 206 Approved: 4-0 207 Motion carried 208 209 Agenda Item No. 8 -Meeting Adjournment: Chairman Morin adjourned the meeting at 8:14:48 210 p.m. on December 3, 2009. 211 212 213 214 215 216 Al Morin 217 Chairman 218 ATTEST: 219 220, 221 222 Stepha ie J. Brei Barth 223 Commission S retary Planning and Zoning Commission Meeting - December 3, 2009 Page 5 of 5 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF TARRANT § I, e b P'~ as a member of the V~f' of the City of Southlake, make this affidavit and hereby on oath state the following: I, my sp se, and/or a person or persons related to me within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and/or City of Southlake Ordinance No. 635 and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: Q COMPLETE (A) or (B): (A) The business entity is Moo S (name); or (B) The real property is located at: I have a substantial interest because 1, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above-referenced agenda item: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500. Other: r f7 Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above-referenced agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed or as soon as practicable once I realized a potential conflict exists. Signed this day of G7✓Z~"~(i , 20_Pa