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2011-11-03 P&Z MeetingCITY OF SOUTHLAKE TEXAS PLANNING AND ZONING COMMISSION MEETING: NOVEMBER 3, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 Work Session - Executive Conference Room, Suite 268 of Town Hall Or City Council Chambers of Town Hall Regular Session - City Council Chambers of Town Hall PLANNING AND ZONING COMMISSION WORK SESSION 6:00 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 October 20, 2011. 4. Administrative Comments. REGULAR AGENDA 5. Consider: Ordinance No. 1016, Southlake Public Art Master Plan, a component of the Southlake 2030 Plan. PUBLIC HEARING 6. Consider: CP11 -001, Land Use Plan Amendment from Low Density Residential to Office Commercial on property described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, Southlake, Tarrant County, Texas and located at 180 & 190 Jellico Cir., Southlake, Texas. Current Zoning: SF -1A — Single Family Residential Zoning District. Proposed Zoning: 01 — Office Zoning District. SPIN Neighborhood # 11. PUBLIC HEARING City of Southlake Planning & Zoning Commission Agenda November 3, 2011 Page 2 of 3 7. Consider: ZA11 -037, Zoning Change and Site Plan for Jellico Chase Office Park on property described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, Southlake, Tarrant County, Texas and located at 180 & 190 Jellico Cir., Southlake, Texas. Current Zoning: SF -1A — Single Family Residential Zoning District. Proposed Zoning: 01 — Office Zoning District. SPIN Neighborhood # 11. PUBLIC HEARING 8. Consider: ZA11 -050, Site Plan for Verizon Expansion on property described as Lot 1, Block 1, Solana Addition, Southlake, Tarrant County, Texas and located at 500 W. Dove Rd., Southlake, Texas. Current Zoning: NRPUD — Non - residential Planned Unit Development District. SPIN Neighborhood # 1. PUBLIC HEARING 9. Consider: ZA11 -051, Zoning Change and Site Plan for Bosworth Offices on property described as Lots 2R1, 2R2, 2R3 & 2R4, Brewer Industrial Addition, Southlake, Tarrant County, Texas and located at 1900 -1930 E. State Highway 114, Southlake, Texas. Current Zoning: S -P -1 — Detailed Site Plan Zoning District. Proposed Zoning: S -P -1 — Detailed Site Plan Zoning District. SPIN Neighborhood #4. 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, October 28, 2011, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. .` % Alicia Richardson, TRMC City Secretary If you plan to attend this public meeting and have a disability 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 November 3, 2011 Page 3 of 3 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. 1 CITY O F SOUTHLAKE TEXAS REGULAR PLANNING AND ZONING COMMISSION MEETING NOVEMBER 03, 2011 LOCATION: 1400 Main Street, Southlake, Texas Work Session - Executive Conference Room, Suite 268 of Town Hall or City Council Chambers of Town Hall Regular Session - City Council Chambers of Town Hall COMMISSIONERS PRESENT: Vice- Chairman Hudson, Forman, Parrish, Williamson STAFF PRESENT: Dennis Killough, Deputy Director of Planning & Development Services; Daniel Cortez, Planner 1, Cheryl Taylor, Civil Engineer; Alejandra Ayala, Civil Engineer and Holly Blake, Commission Secretary. WORK SESSION: Item No. 1 — Call to Order: Vice- Chairman Hudson called the work session to order at 6:15p.m. Item No. 2 — Discussion of all Items of Tonight's Meeting Agenda: Staff reviewed the agenda. Item No. 3 — Work Session Adjourned: Vice- Chairman Hudson adjourned the work session at 6:45 p.m. REGULAR SESSION: Agenda Item No. 1 — Call to Order: Vice- Chairman Hudson called the regular meeting to order at 6:48 p.m. Agenda Item No. 3 - Approval of Minutes: Vice - Chairman Hudson opened discussion of the minutes of the Planning and Zoning Commission meeting held on October 20, 2011. Made a motion to approve the amended minutes of the Planning and Zoning Commission meeting held on October 20, 2011, as presented. Motion: Parrish Second: Forman Ayes: Williamson, Forman, Parrish and Hudson Nays: None Abstain: None Approved: 4 -0 Agenda Item No. 4 - Administrative Comments: Dennis Killough stated that the 2011citizen survey is available on the City's website and encourages the citizens complete the survey and let us know how we are doing and how to direct our efforts. REGULAR AGENDA: Agenda Item No. 5 — Ordinance No. 1016, Southlake Public Art Master Plan, a component of the Southlake 2030 Plan. Jim Blagg, Assistant City Manager presented this item. The public art is funded through the Hotel Occupancy Tax, 15% of that tax is dedicated to the Art Master Plan. The other way is through capital improvement projects. The mission of this plan Planning and Zoning Commission Meeting Minutes — September 22, 2011 Page 1 of 8 is to give us guidance in commissioning new art work throughout the city and exhibition of art. This includes new development which can be seen with the Carillon Project. Vice - Chairman Hudson opened the public hearing. No one came forward and the public hearing was closed. Made a motion to approve the recommendation of Ordinance No. 1016, Southlake Public Art Master Plan as presently drafted and presented. Motion: Parrish Second: Forman Ayes: Williamson, Forman, Parrish, and Hudson Nays: None Abstain: None Approved: 4 -0 Agenda Item No. 6—CP11 -001, Land Use Plan Amendment from Low Density Residential to Office Commercial on property described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, Southlake, Tarrant County, Texas and located at 180 & 190 Jellico Cir., Southlake, Texas. Current Zoning: SF -1A — Single Family Residential Zoning District. Proposed Zoning: O- 1 — Office Zoning District. SPIN Neighborhood #11. Daniel Cortez, Planner I, presented this item. Skip Blake, Blake Architect, 1202 S White Chapel Blvd, Southlake, Texas. On the buffer to the west and to the north, there is a 40 -ft. buffer which in 0-1 Zoning that would normally be a 10 -ft. buffer. Also an 8 -ft. masonry wall will be built to shield the neighborhood. One of the benefits of this property is that it does sit on 1709. The days of building homes along 1709 are gone due to the increased traffic. The best fit for this property is a garden style business. The driveway would be on 1709, not Jellico Circle. Regarding the parking variance, experience has taught us is that with this type of development, 150 parking spaces are too many. We would rather have more landscape making it more beautiful. Vice - Chairman Hudson asked Mr. Blake what the process was to get the entrance onto 1709. Mr. Blake stated that they have already applied with the Texas Highway Department. We are required to have 360 -ft. edge of drive to edge of drive. We have that with the Vermilion Drive. We have 330 -ft. on Jellico Circle and will need to ask for a variance on that. Commissioner Forman asked about the lighting on the back portion of the parking lot. Mr. Blake stated that they will light the parking lot from the buildings with 2 -ft candle lighting from the property line. Commissioner Forman stated that there were some concerns about this being 24 hour lighting. Mr. Blake stated that this has not been discussed yet. Vice - Chairman Hudson verified that the 8 -ft. fence will be masonry. Planning and Zoning Commission Meeting Minutes — November 03, 2011 Page 2 of 8 Mr. Blake confirmed. Commissioner Forman asked when the current owner purchased the property. Mr. Blake stated that he did not have knowledge of that. Commissioner Williamson asked about the drainage impact. Mr. Blake stated that a drainage study was done and that all drainage that is retained will need to be released at the same rate and that was taken into consideration. Vice - Chairman Hudson opened the public hearing. Reed Yates, 135 Jellico Circle, Southlake, Texas came forward. Quality of life and financial status are Mr. Yates concerns. Mr. Yates purchased his house with the knowledge that this property was zoned for residential use. The City of Southlake has invested a lot of time in the master plans to include this property with Jellico Circle and to keep it residential. Linda Yates, 135 Jellico Circle, Southlake, Texas came forward. Mrs. Yates asked the Commission to vote no. Mrs. Yates disagrees with Mr. Blake regarding the property being sold and used for residential use. Nathan Saunders, 155 Jellico Circle, Southlake, Texas came forward. Mr. Saunders stated that this development will increase the traffic and affect the entrance to Jellico Circle. Monique Schill, 162 Jellico Circle, Southlake, Texas came forward. Mrs. Schill referred to the master plans that have been approved over the years keeping this property residential. Mrs. Schill believes that the increased traffic will damage the streets. Jellico Circle is very narrow with bar ditches and no sidewalks. Jarod Jenson, 107 Vermilion Court, Southlake, Texas came forward. Mr. Jenson addressed the comments made by the applicant. Mr. Jenson questioned Mr. Blake's assessment regarding the value of his property. Also regarding the reduction of trees to the lot for the development, it will go from 95% coverage to 31% coverage. That may be within the ordinance but it equals all the trees that have been planted along Southlake Boulevard for the medians. In addition, Mr. Jenson questioned Mr. Blake's experience and the need for variances on the property. Mr. Jenson questioned the masonry wall. In the past it has gone from a masonry wall to a vegetation wall with ornamental iron back to masonry wall. With a vegetation wall, the plants die out in the winter or during a summer drought leaving gaps in the fence which opens up the neighborhood. Mr. Jenson also has concerns of his backyard being exposed and his daughter's play set having a parking lot view. Joe Cardenas, 103 Vermilion Court, Southlake, Texas came forward. New development is supposed to protect the integrity of the residential neighborhoods. That is not the case with this development. The neighborhood would become high traffic areas and the drainage would affect the houses. Mr. Cardenas brought pictures to share. The pictures show the lack of privacy that would occur and how the backyard would be exposed along with his garage. Mr. Cardenas is worried about security and safety. New pictures show the drainage ditches and feels that the new development would be too much for the ditches to handle. The remainder of the pictures shows the commercial use next to him which has increased Planning and Zoning Commission Meeting Minutes - November 03, 2011 Page 3 of 8 the noise level along with trash blowing into his yard. Jim Devin, 166 Jellico Circle, Southlake, Texas came forward. Mr. Devin stated that he contacted TXDOT and was unable to find a request for an application for a driveway along 1709. If the current plan is designed and up for approval tonight, that access is off 1709. If that is denied by TXDOT, then the residence of Jellico Circle will have a dilemma. All traffic will have to come from Jellico Circle and /or the property owner will have a commercial piece of property that cannot be accessed. Mr. Devin asked the Commissioners if this was truly the highest and best use for this property. Kent Stewart, 2421 Spring Valley Dr., Bedford, Texas came forward. The land that is here tonight being considered is not included in Jellico Circle. A legal study was done to determine that fact. When Mr. Stewart first purchased the land the intention was to build a church but was denied. Other options had to be considered. Mr. Stewart agrees with Mr. Blake that this property is not a good place to build residentially. Mt. Stewart has consulted with the Liberty Institute and was told that many of his rights have been violated regarding this property and not being able to build on it or do anything with the property. If denied tonight, Mr. Stewart stated that he will need to consider his legal possibilities and the fact that a church can be built there without the approval of this Board. Vice - Chairman Hudson read aloud the names of those that are opposed to these items but did not wish to speak; Mike Anderson, Emily Saunders, Roxanne Morgan, Debi Douglass, Gerald Douglas, Julia Howard, Stoney and Julie Stubbs. All have a Jellico Circle Address in Southlake, Texas. Sharon Nash, 115 Vermilion Court, Southlake, Texas came forward. Mrs. Nash voiced her concern that she does not like to view concrete parking lots from her backyard. The zoning of this property was a factor in purchasing this home. Another factor is young drivers that live in the neighborhood and the increase of traffic that this development would bring. Too many accidents have already occurred along their street and 1709. Vice - Chairman Hudson read the remainder of the cards that are opposed but did not wish to speak; Pat Anderson, Nora Parks and Sandy Devin. Mr. Blake came forward to address the comments that were made. Mr. Blake agreed with Mr. Stewart regarding the property not being connected to Jellico Circle. This is an un- platted piece of property with no Lot, Block or Subdivision. Regarding Mr. Jenson's property and the value, Mr. Blake stated that he was referring to the property in question only. Also, the parking variances are common to increase the landscaping. The drainage is not going to be different with the release of water to the drainage channel as it is now sitting vacant. This was reviewed by City Staff, Engineering Department to insure this. If the drive is not approved for 1709 the plan would have to come back before the Board for approval for any other driveway. The best use for this property is the commercial use, not residential. Commissioner Parrish asked if there was an application in with TXDOT and when was it submitted. Do you have a timeline from TXDOT regarding their decision? Mr. Blake stated yes it was submitted a few weeks ago but is not sure of the timeline. Vice - Chairman Hudson asked if Mr. Blake had any history with TXDOT. Planning and Zoning Commission Meeting Minutes — November 03, 2011 Page 4 of 8 Mr. Blake stated he has worked with TXDOT before but the timeline is still unsure. Commissioner Parrish asked Mr. Blake to clarify the variance requests. Mr. Blake stated that TXDOT requires 360 -ft. drive to drive which this development has at Vermilion, but at Jellico there is only 330 -ft, 10 -in. That is the variance request. The City requires 500 -ft. Dennis Killough stated that TXDOT has the final ruling on the variance according to TXDOT regulations. Commissioner Parrish clarified that TXDOT could rule yes regarding the 30 -ft., but that they would also need a variance from the 500 -ft. Nathan Saunders came forward and stated what will be the nature of the barrier between Jellico and the proposed parking lot? It will become a lunch time park area, trash dump and traffic nightmare. If there is not a considerable barrier Jellico will become the entrance by default. Jarod Jenson came forward and responded to the comments made by Mr. Stewart. Mr. Jenson stated that his has tried to purchase the property on numerous occasions. However, Mr. Stewart is not willing to sell the property for residential use. Kent Stewart came forward and stated that on the first plan many years ago, the driveway was off of Southlake Boulevard. TXDOT approved it then with the variance. Regarding the sale of the property, Mr. Stewart would be willing to consider any offer at the appraised value. Jim Devin came forward and stated the approved letter from TXDOT did approved the driveway and the variance, but that it would not be allowed with any other use other that what was applied for which was for a church. Vice - Chairman Hudson closed the public hearing. Commissioner Forman stated that he did not believe anyone would purchase this property for residential use. However, the residents do have legitimate concerns. Vice - Chairman Hudson stated that with the vegetation, residential use is a possibility. The land use plan is a guide on how property should be developed. It is not set in stone, especially if something comes forward that gives the land a viable use. If an applicant comes forward with a complete plan and TXDOT approval, it would be considered. However, in this case TXDOT has not given approval yet. This Commission in good faith cannot grant approval for a zoning change without TXDOT approval. Commissioner Parrish agrees and would prefer to have TXDOT approval. Vice - Chairman Hudson stated that without TXDOT approval this is an incomplete plan. Commissioner Forman stated that his concern was that the Commission did not have a full Planning and Zoning Commission Meeting Minutes — November 03, 2011 Page 5 of 8 body tonight. This is too important to vote on without a full body. Commissioner Williamson agreed with all comments by the remaining Board and is curious if a compromise is possible especially with the portion facing 1709. Vice - Chairman Hudson asked Mr. Blake to come forward. Mr. Blake came forward and stated that he does not believe TXDOT would deny the request since it was originally approved for the church. Also, Mr. Blake reminded the Commission that if the applicant chose to build a church, a zoning change is not required, since a church can be built in any zone including residential. A motion to table CP11 -001 to our next meeting dated November 17, 2011. Motion: Parrish Second: Forman Ayes: Williamson, Parrish, Forman, and Hudson Nays: None Abstain: None Approved: 4 -0 Agenda Item No. 7 —ZA11 -037, Zoning Change and Site Plan for Jellico Chase Office Park on property described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, Southlake, Tarrant County, Texas and located at 180 & 190 Jellico Cir., Southlake, Texas. Current Zoning: SF -1A — Single Family Residential Zoning District. Proposed Zoning: 0-1 — Office Zoning District. SPIN Neighborhood #11. Daniel Cortez, Planner I, presented the case. A motion to table CP11 -001 to our next meeting dated November 17, 2011. Motion: Parrish Second: Forman Ayes: Williamson, Parrish, Forman and Hudson Nays: None Abstain: None Approved: 4 -0 Agenda Item No. 8 —ZA11 -050, Site Plan for Verizon Expansion on property described as Lot 1, Block 1, Solana Addition, Southlake, Tarrant County, Texas and located at 500 W Dove Rd., Southlake, Texas. Current Zoning: NRPUD — Non - residential Planned Unit Development District. SPIN Neighborhood #1. Daniel Cortez presented this case. Laura Harrison, 401 N Houston St, Dallas, Texas came forward. The company has gone to SPIN Neighborhood meetings and have addressed concerns regarding noise. The company had an acoustic consultant come in and it was determined that the noise ordinance would be met at the property line. Vice - Chairman Hudson asked if the generators would run at intervals or specific hours. Ms. Harrison stated that if the building lost power that could be a possibility but other than that, no. They will be tested and maintained at times but not at specific hours or times. All generators are housed in a sound dampening enclosure. Planning and Zoning Commission Meeting Minutes — November 03, 2011 Page 6 of 8 Vice - Chairman Hudson clarified that these are diesel generators but asked how the diesel is transported to the property. Ms. Harrison stated that the fuel is brought in using the Dove service entrance. The residential property along Kirkwood Blvd. is not used. Vice - Chairman Hudson asked if the proposed space is needed for more employees parking. Ms. Harrison stated yes. Commissioner Parrish questioned if the construction will come off of Dove. Ms. Harrison stated yes. Vice - Chairman Hudson confirmed that the construction time line is 7 to 8 months. Ms. Harrison confirmed. Vice - Chairman Hudson opened the public hearing. No one came forward and the public hearing was closed. Motion to approved ZA11 -050, subject to the site plan review summary #2 dated October 28, 2011 also noting the applicants willingness to comply with the City's sound ordinances at the property line and install sound mitigation and also approve the articulation variance as requested. Motion: Parrish Second: Forman Ayes: Williamson, Forman, Parrish, and Hudson Nays: None Abstain: None Approved: 4 -0 Agenda Item No. 9 —ZA11 -051, Zoning Change and Site Plan for Bosworth Offices on property described as Lots 2R1, 2R2, 2R3 & 2R4, Brewer Industrial Addition, Southlake, Tarrant County, Texas and located at 1900 -1930, E. State Highway 114, Southlake, Texas. Current Zoning: S- P-1 — Detailed Site Plan Zoning District. Proposed Zoning: S -P -1 — Detailed Site Plan Zoning District. SPIN Neighborhood #4. Daniel Cortez, Planner I, presented this case. Robert Leeper, 601 Zena Rucker, Southlake, Texas came forward. Mr. Leeper stated that Staff presented well but added that when it was going to be 2 separate buildings and 2 separate lots the overall height of the 2 story structure was going to be 35 -ft. However, as a single story building it will cut down on the height making it 24 -ft. Commissioner Parrish asked if there were any plans to move forward. Mr. Leeper stated that upon approval, there is a buyer ready to move forward. Vice - Chairman Hudson opened the public hearing. No one came forward and the public hearing was closed. Planning and Zoning Commission Meeting Minutes - November 03, 2011 Page 7 of 8 Motion to approved ZA11 -051, subject to the site plan review summary #2 dated October 24, 2011. Motion: Parrish Second: Forman Ayes: Williamson, Parrish, Forman and Hudson Nays: None Abstain: None Approved: 4 -0 Agenda Item No. 11 Meeting adiournment. The meeting was adjourned at 8:16 p.m. 'obert H •sin ATTEST: gisw Chairman 46 77 / t v E ---6,6 Ho "Blake Commission Secretary Planning and Zoning Commission Meeting Minutes — November 03, 2011 Page 8 of 8