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2011-04-07 P&Z Meeting T UTHLAKE TEXAS PLANNING AND ZONING COMMISSION MEETING: APRIL 7, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 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 PLANNING AND ZONING COMMISSION WORK SESSION: 5:30 P.M. 1. Call to Order. 2. Discussion of all items on tonight's meeting agenda. 3. Adjournment. REGULAR SESSION: 6:30 P.M. or immediately following the Planning and Zoning Commission work session. 1. Call to Order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071. Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the Planning and Zoning Commission to seek advice from the City Attorney as to the posted subject matter of this Planning and Zoning Commission meeting. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding items listed on this agenda. B. Reconvene: Action necessary on items discussed in Executive Session. 3. Approval of the minutes for the Planning and Zoning Commission regular meeting held on March 24, 2011. 4. Administrative Comments. CONSENT AGENDA: 5. Consent: Ordinance 480 -FFFF, being an Amendment to the City of Southlake Zoning Ordinance Number 480, as amended, as it pertains to open space management plans. This item has been tabled to the April 21, 2011 meeting. A Public Hearing for this item will take place at that time. City of Southlake Planning & Zoning Commission Agenda April 7, 2011 Page 2 of 4 REGULAR AGENDA: 6. Consider: CP09 -003, An Amendment to the City's Master Plan proposing a change in the Land Use Designation from Low Density Residential to Mixed Use or that the condition requiring the property to be master - planned with other properties be removed from the Transition 2 optional land use designation, on properties described as Tract 2B, a portion of Lot 2, R.P. Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas and being located at 2411 Sam School Road, Southlake, Texas. SPIN Neighborhood # 5. PUBLIC HEARING 7. Consider: ZA09 -062, Zoning Change and Site Plan on property being described as Tract 2B, a portion of Lot 2, R.P. Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas, and being located at 2411 Sam School Road, Southlake, Texas. The current zoning is AG — Agricultural District. The Requested Zoning is S- P-1 — Detailed Site Plan District. SPIN Neighborhood # 5. PUBLIC HEARING 8. Consider: ZA11 -004, Specific Use Permit to allow a tent for the purposes of promoting retail sales for Performance Bicycle on property being described as Lot 3, Block 1, Gateway Plaza Addition an addition to the City of Southlake and being located at 3001 E. State Highway 114, Southlake, Tarrant County, Texas. The Current Zoning is S -P -2 - Generalized Site Plan District. SPIN Neighborhood # 8. PUBLIC HEARING 9. Consider: ZA11 -005, Plat Revision for Lot 9R, Block 1, Patterson's Pond, being a revision of Lot 9, Block 1, Patterson's Pond, an addition to the City of Southlake, Tarrant County, Texas and being currently addressed at 2201 Patterson Way, Southlake, Texas. The current zoning is SF -20A - Single Family Residential Zoning District. SPIN Neighborhood # 4. PUBLIC HEARING 10. Consider: ZA11 -010, Specific Use Permit for a Mass Gathering Event known as Relay for Life / Rachel's Challenge on property being described as Lot 1, Block 1, Carroll ISD No. 1 Addition and Lot 1, Block 1 & Lot 1, Block 2, Carroll ISD No. 2 Addition being located at 801 Shady Oaks Drive and 800 and 900 North White Chapel Boulevard, Southlake, Tarrant County, Texas. The Current Zoning is CS - Community Service and NR -PUD - Non - Residential Planned Unit Development Zoning Districts. SPIN Neighborhood # 7. PUBLIC HEARING 11. Consider: Ordinance 480 -EEEE, An Amendment to the City of Southlake Zoning Ordinance Number 480, as amended, as it pertains to permitted and accessory uses and sales within certain (non - residential) zoning districts. PUBLIC HEARING City of Southlake Planning & Zoning Commission Agenda April 7, 2011 Page 3 of 4 12. Consider: Ordinance 480 -GGGG, being an Amendment to the City of Southlake Zoning Ordinance Number 480, as amended, as it pertains to personal care facilities, including nursing and care homes. PUBLIC HEARING 13. 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, April 1, 2011, by 6:00 p.m., pursuant to the Texas '- r Government Code, Chapter 551. , ,� `� wq v �� u H I r '�d��. ,,,� Lai A ‘°` 1'4\14 Alicia Richardson, TRMC = v t / �!' City Secretary r / If you plan to attend this public meeting ailth, a „aesability that requires special needs, please advise the City Secretary 48 hours in advance at 817 - 748 -8016, and reasonable accommodations will be made to assist you. City of Southlake Planning & Zoning Commission Agenda April 7, 2011 Page 4 of 4 EXECUTIVE SESSION Section 551.071: Consultation with attorney: The Planning and Zoning Commission may conduct a private consultation with its attorney when the Planning and Zoning Commission seeks the advice of its attorney concerning any item on this agenda or on a matter in which the duty of the attorney to the Planning and Zoning Commission under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. ell CITY OF TEXAS SOU THLAKE 1 REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 7, 2011 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 Faglie, Vice - Chairman Robert Hudson and 9 Commissioners Michael Springer, Joe Lancor, Brigham McCown, Jim Hamel and D. Todd Parrish. 10 11 COMMISSIONERS ABSENT: None. 12 13 STAFF PRESENT: Ken Baker, Director of Planning & Development Services (Work 14 Session /Executive Session Only); Dennis Killough, Deputy Director of Planning & Development 15 Services; Jennifer Crosby, Planner II; Clayton Comstock, Planner II; Steven Anderson, Civil 16 Engineer; Cheryl Taylor, Civil Engineer; Tim Sralla, City Attorney (was present through item 11 and 17 left the meeting at 7:26 p.m.) and Stephanie Breitbarth, Commission Secretary. 18 19 WORK SESSION: 20 21 Item No. 1 — Call to Order: Chairman Faglie called the work session to order at 6:10 p.m. 22 23 Item No. 2 — Discussion of all Items of Tonight's Meeting Agenda: No action was taken during the 24 Work Session and each item was considered during the Regular Session. 25 26 Item No. 3 — Meeting Adjourn: Chairman Faglie adjourned the work session at 6:45 p.m. 27 28 REGULAR SESSION: 29 30 Agenda Item No. 1 — Call to Order: Chairman Faglie called the regular meeting to order at 6:48 p.m. 31 32 Agenda Item No. 3 - Approval of Minutes: Chairman Faglie opened discussion of the minutes of the 33 Planning and Zoning Commission meeting held on March 24, 2011. 34 35 Motion: Hudson 36 Second: Lancor 37 Ayes: Parrish, Hudson, Hamel, Lancor, Springer, Faglie 38 Nays: None 39 Abstain: None 40 Approved: 6-0 41 42 Consent Agenda Item No. 5 - Ordinance 480 -FFFF: Being an Amendment to the City of Southlake 43 Zoning Ordinance Number 480, as amended, as it pertains to open space management plans. 44 45 Staff requested to table this item to the April 21, 2011. The public hearing for this item will be held at 46 that time. 47 48 Made a motion to table Ordinance 480 -FFFF, being an Amendment to the City of Southlake Zoning 49 Ordinance Number 480, as amended, as it pertains to open space management plans to the April 50 21, 2011 Planning and Zoning Commission meeting. Planning and Zoning Commission Meeting Minutes — April 7, 2011 Page 1 of 6 51 52 Motion: Hudson 53 Second: Lancor 54 Ayes: Parrish, Hudson, Hamel, Lancor, Springer, Faglie 55 Nays: None 56 Abstain: None 57 Approved: 6-0 58 59 Chairman Faglie announced that the Planning and Zoning Commission would be going into 60 Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the 61 city attorney and adjourned the meeting at 6:51 p.m. 62 63 Chairman Faglie reconvened the meeting at 7:13 p.m. and asked if any action was necessary from 64 Executive Session. No action was necessary. 65 66 Chairman Faglie moved item 11, Ordinance 480 -EEEE, up on the agenda. 67 68 Agenda Item No. 11 - Ordinance 480 -EEEE: An Amendment to the City of Southlake Zoning 69 Ordinance Number 480, as amended, as it pertains to permitted and accessory uses and sales 70 within certain (non - residential) zoning districts. Clayton Comstock, Planner II, presented this item to 71 the Commission. 72 73 Chairman Faglie opened the public hearing. 74 75 Barbara Paty, 1000 North White Chapel Boulevard, Southlake, TX; was present and spoke in 76 opposition to this item stating it would reduce her uses and hurt her ability to resale her property. 77 78 Chairman Faglie called for additional speakers; no one further came forward to speak on this item. 79 80 Chairman Faglie closed the public hearing and called for further discussion from the Commission; no 81 discussion took place. 82 83 Made a motion to approve Ordinance 480 -EEEE, An Amendment to the City of Southlake Zoning 84 Ordinance Number 480, as amended, as it pertains to permitted and accessory uses and sales 85 within certain (non - residential) zoning districts subject to Staff's Report dated April 1, 2011. 86 87 Motion: Hudson 88 Second: Lancor 89 Ayes: Parrish, McCown, Hudson, Hamel, Lancor, Springer, Faglie 90 Nays: None 91 Abstain: None 92 Approved: 7-0 93 94 Agenda Item No. 6 - CP09 -003, An Amendment to the Citv's Master Plan: Jennifer Crosby, 95 Planner II, presented this item to the Commission for An Amendment to the City's Master Plan 96 proposing a change in the Land Use Designation from Low Density Residential to Mixed Use or that 97 the condition requiring the property to be master - planned with other properties be removed from the 98 Transition 2 optional land use designation, on properties described as Tract 2B, a portion of Lot 2, 99 R.P. Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas and being 100 located at 2411 Sam School Road, Southlake, Texas. SPIN Neighborhood # 5. The Owner is JW 101 Partners, Ltd. The Applicant is LandPlan Development Corp. Planning and Zoning Commission Meeting Minutes —April 7, 2011 Page 2 of 6 102 103 Agenda Item No. 7 - ZA09 - 062, Zoning Change and Site Plan: Jennifer Crosby, Planner II, 104 presented this item to the Commission for Zoning Change and Site Plan on property being 105 described as Tract 2B, a portion of Lot 2, R.P. Estes Subdivision, an addition to the City of 106 Southlake, Tarrant County, Texas, and being located at 2411 Sam School Road, Southlake, Texas. 107 The current zoning is AG — Agricultural District. The Requested Zoning is S -P -1 — Detailed Site Plan 108 District. SPIN Neighborhood # 5. The Owner is JW Partners, Ltd. The Applicant is LandPlan 109 Development Corp. 110 111 Ray Williamson, 479 West Highland Street, Southlake, TX; was present and made a presentation to 112 and responded to the Commissions questions. 113 114 Chairman Faglie opened the public hearing. 115 116 No one came forward to speak on this item. 117 118 Chairman Faglie closed the public hearing and called for further discussion from the Commission; no 119 discussion took place. 120 121 Made a motion to approve CP09 -003, An Amendment to the City's Master Plan for property located 122 at 2411 Sam's School Road, granting the applicant's request to change the land use designation 123 from Low Density Residential to Mixed Use, subject to the staff report dated March 31, 2011. 124 125 Motion: Hudson 126 Second: Lancor 127 Ayes: Parrish, McCown, Hudson, Hamel, Lancor, Springer, Faglie 128 Nays: None 129 Abstain: None 130 Approved: 7-0 131 132 Made a motion to approve ZA09 -062, Zoning Change and Site Plan, for property located at 2411 133 Sam's School Road, subject to Site Plan Review Summary No. 4, dated January 12, 2011. 134 135 Motion: Hudson 136 Second: Lancor 137 Ayes: Parrish, McCown, Hudson, Hamel, Lancor, Springer, Faglie 138 Nays: None 139 Abstain: None 140 Approved: 7-0 141 142 Agenda Item No. 8 - ZA11 - 004, Specific Use Permit to allow a tent for the purposes of 143 promoting retail sales for Performance Bicycle: Jennifer Crosby, Planner II, presented this item 144 to the Commission for a Specific Use Permit to allow a tent for the purposes of promoting retail sales 145 for Performance Bicycle on property being described as Lot 3, Block 1, Gateway Plaza Addition an 146 addition to the City of Southlake and being located at 3001 E. State Highway 114, Southlake, 147 Tarrant County, Texas. The Current Zoning is S -P -2 - Generalized Site Plan District. SPIN 148 Neighborhood # 8. The Owner is Inland SW Managements, LLC. The applicant is Performance 149 Bicycle. 150 151 Dewey Thiessen, 817 Canongate Drive, Flower Mound, TX; was present and spoke on this item and 152 was available to responded to questions from the Commission. Planning and Zoning Commission Meeting Minutes —April 7, 2011 Page 3 of 6 153 154 Chairman Faglie opened the public hearing. 155 156 Mike Mills, 1528 Main Street, Southlake, TX; was present and spoke in support of this item. 157 158 Chairman Faglie called for additional speakers; no one further came forward to speak on this item. 159 160 Chairman Faglie closed the public hearing and called for further discussion from the Commission; no 161 further discussion took place. 162 163 Made a motion to approve ZA11 -004, Specific Use Permit to allow a tent for the purposes of 164 promoting retail sales for Performance Bicycle subject to the details outlined in the staff report and 165 as presented this evening. 166 167 Motion: Hudson 168 Second: Lancor 169 Ayes: Parrish, McCown, Hudson, Hamel, Lancor, Springer, Faglie 170 Nays: None 171 Abstain: None 172 Approved: 7-0 173 174 Chairman Faglie moved item 10, ZA 11 -010, Specific Use Permit fora Mass Gathering Event known 175 as Relay for Life / Rachel's Challenge, up on the agenda. 176 177 Agenda Item No. 10 - ZA11 -010, Specific Use Permit for a Mass Gathering Event known as 178 Relay for Life / Rachel's Challenge: Jennifer Crosby, Planner II, presented this item to the 179 Commission for a Specific Use Permit for a Mass Gathering Event known as Relay for Life / 180 Rachel's Challenge on property being described as Lot 1, Block 1, Carroll ISD No. 1 Addition and 181 Lot 1, Block 1 & Lot 1, Block 2, Carroll ISD No. 2 Addition being located at 801 Shady Oaks Drive 182 and 800 and 900 North White Chapel Boulevard, Southlake, Tarrant County, Texas. The Current 183 Zoning is CS - Community Service and NR -PUD - Non - Residential Planned Unit Development 184 Zoning Districts. SPIN Neighborhood # 7. The Owner /Applicant is Carroll ISD. 185 186 Julie Thannum, 3051 East Dove Road, Grapevine, TX; was present and made a presentation to and 187 responded to Commissions questions. 188 189 Chairman Faglie opened the public hearing. 190 191 Barbara Paty, 1000 North White Chapel Boulevard, Southlake, TX; submitted a Public Hearing 192 Response Form in support of this item but did not wish to speak. 193 194 Chairman Faglie called for additional speakers; no one further came forward to speak on this item. 195 196 Chairman Faglie closed the public hearing and called for further discussion from the Commission; no 197 discussion took place. 198 199 Made a motion to approve ZA11 -010, Specific Use Permit for a Mass Gathering Event known as 200 Relay for Life / Rachel's Challenge, granting the permit for a period of two years and subject to 201 Staff's Report dated April 1, 2011. 202 203 Motion: Hudson Planning and Zoning Commission Meeting Minutes —April 7, 2011 Page 4 of 6 204 Second: Lancor 205 Ayes: Parrish, McCown, Hudson, Hamel, Lancor, Springer, Faglie 206 Nays: None 207 Abstain: None 208 Approved: 7-0 209 210 Agenda Item No. 9 - ZA11 - 005, Plat Revision for Lot 9R, Block 1, Patterson's Pond: Jennifer 211 Crosby, Planner II, presented this item to the Commission for a Plat Revision for Lot 9R, Block 1, 212 Patterson's Pond, being a revision of Lot 9, Block 1, Patterson's Pond, an addition to the City of 213 Southlake, Tarrant County, Texas and being currently addressed at 2201 Patterson Way, 214 Southlake, Texas. The current zoning is SF -20A - Single Family Residential Zoning District. SPIN 215 Neighborhood # 4. The Owner /Applicant is Iyad Shehadeh. 216 217 Iyad Shehadeh, 201 Patterson Way, Southlake, TX; was present and spoke on this item and was 218 available to responded to questions from the Commission. 219 220 Chairman Faglie opened the Public Hearing. 221 222 No one came forward to speak on this item. 223 224 Chairman Faglie closed the public hearing and called for further discussion from the Commission; 225 Commissioners discussed varying the setbacks and softening the landscaping along Kimball 226 Avenue. 227 228 Made a motion to approve ZA11 -005, Plat Revision for Lot 9R, Block 1, Patterson's Pond, subject 229 to Review Summary No. 1, dated April 1, 2011. 230 231 Motion: Hudson 232 Second: McCown 233 Ayes: Parrish, McCown, Hudson, Hamel, Faglie 234 Nays: Lancor, Springer 235 Abstain: None 236 Approved: 5-2 237 238 Agenda Item No. 12 - Ordinance 480 - GGGG: Clayton Comstock, Planner II, presented this item to 239 the Commission being an Amendment to the City of Southlake Zoning Ordinance Number 480, as 240 amended, as it pertains to personal care facilities, including nursing and care homes. 241 242 Chairman Faglie opened the public hearing. 243 244 David Keener, 2000 Montecito Trail, Southlake, TX; submitted a Public Hearing Response Form in 245 support of this item but did not wish to speak. 246 247 Chairman Faglie called for additional speakers; no one further came forward to speak on this item. 248 249 Chairman Faglie closed the public hearing and called for further discussion from the Commission; 250 Commissioners discussed staff reviewing different options based on the type of facility (A, B or C). 251 252 Staff requested to table this item to the April 21, 2011 Planning and Zoning Commission meeting. 253 Planning and Zoning Commission Meeting Minutes —April 7, 2011 Page 5 of 6 254 Made a motion to table Ordinance 480 -GGGG, being an Amendment to the City of Southlake 255 Zoning Ordinance Number 480, as amended, as it pertains to personal care facilities, including 256 nursing and care homes to the April 21, 2011 Planning and Zoning Commission meeting. 257 258 Motion: Hudson 259 Second: Lancor 260 Ayes: Parrish, McCown, Hudson, Hamel, Lancor, Springer, Faglie 261 Nays: None 262 Abstain: None 263 Approved: 7-0 264 265 Agenda Item No. 5 — Administrative Comments: Dennis Killough, Deputy Director of Planning & 266 Development Services, stated that there would be a joint City Council, Planning and Zoning 267 Commission, Parks Board, SPDC and Southlake 2030 Parks, Recreation and Open Space meeting 268 on April 11, 2011 at 5:OOp.m. in the Town Hall training rooms 3C /D to discuss the proposed Bob 269 Jones Nature Center Master Plan, an element of the Southlake 2030 plan; further noting that the 270 Commission received their packets for this meeting at tonight's meeting. 271 272 Agenda Item No. 12 - Meeting Adjournment: Chairman Faglie adjourned the meeting at 9:15p.m. 273 on April 7, 2011. 274 275 (�u� 276 tJ 277 Darrell Faglie 278 ATT T: Chairman 279 280 )/3/itiykfAlf() 281 Step anie J. Br h 282 Secretary Planning and Zoning Commission Meeting Minutes —April 7, 2011 Page 6 of 6