2013-02-07 P&Z MeetingCITY OF
SOUTH LAKE
TEXAS
PLANNING AND ZONING COMMISSION MEETING: FEBRUARY 7, 2013
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: 5:30 P.M.
1. Call to Order.
2. Recap of City Council's action and discussion on Planning & Zoning
recommended cases.
3. Discussion of all items on tonight's meeting agenda.
4. Voting training on new system in Council Chambers.
5. Adjournment.
REGULAR SESSION: 6:30 P.M. or immediately following the Planning and Zoning
Commission work session.
1. Call to Order.
1. 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. Section 551.071: Consultation
with attorney
B. Reconvene: Action necessary on items discussed in Executive Session.
2. Consider approval of the minutes for the Planning and Zoning Commission
meeting held on January 17, 2013.
3. Administrative Comments.
Planning & Zoning Commission Agenda
February 7, 2013
Page 1 of 4
CITY OF
SOUTHLRKE
TEXAS
CONSENT AGENDA:
4. Consider: Ordinance No. 480-JJJJ, an amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to building color.
Staff is requesting to table this item indefinitely.
5. Consider: ZA12-117, Final Plat for Carillon Phase 4113 on property described
as a portion of Tract 3, Absalom H. Chivers Survey, Abstract No. 299, City of
Southlake, Tarrant County, Texas and generally located at the northeast
intersection of Kirkwood Boulevard and Southmont Drive. The current zoning is
"ECZ" Employment Center Zoning District. SPIN Neighborhood #3.
6. Consider: ZA13-003, Final Plat for Carillon Phase 4C on property described
as a portion of Tract 3 and a portion of Tract 4A1, Absalom H. Chivers Survey,
Abstract No. 299, City of Southlake, Tarrant County, Texas and generally located
east of the intersection of Southmont Drive and Kirkwood Boulevard. The current
zoning is "ECZ" Employment Center Zoning District. SPIN Neighborhood #3.
7. Consider: ZA13-006, Special Use Permit to allow for outdoor sales or
services for Tropical Sno - snow cone stand on property described as Tract
2J, Francis Throop Survey, Abstract No. 151, City of Southlake, Tarrant County,
Texas and located at 2199 E Dove Road, City of Southlake, Texas. Current
zoning is "C-1" Neighborhood Commercial District. SPIN Neighborhood #4.
Applicant is requesting to table this item indefinitely.
REGULAR AGENDA:
8. Consider: CP12-004, Land Use Plan Amendment from Mixed Use and Low
Density Residential to Medium Density Residential on property described as
Tracts 1 B, 1 B2, 1 B2A, 1 B2A1, 1 B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B,
4B1, 4B2, 5A, 5A1, 5A1A, 5B, 5C, 6A, 6A1, 6A1A, 6A2, 6A2A, and 6B, R.P.
Estes Subdivision and Tracts 1B, 1B1, 1 B1A, 1 B1A1, 1 B1 B, 1 B1 B1, 1 B1 C,
1 B1 D, and 1B2, T. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant
County, Texas; and generally located at the northwest corner of W. Dove Rd.
and SH 114, Southlake, Tarrant County, Texas. The current zoning is "NR -PUD"
Non Residential Planned Unit Development, "AG" Agricultural District and "SP -1"
Detailed Site Plan District. The requested zoning is "R -PUD" Residential Planned
Unit Development. SPIN Neighborhood # 5.
This item was tabled on January 17, 2013.
Planning & Zoning Commission Agenda
February 7, 2013
Page 2 of 4
CITY OF
SOUTH LAKE
TEXAS
9. Consider: ZA12-088, Zoning Change and Development Plan for Savannah
Estates on property described as Tracts 1 B, 1 B2, 1 B2A, 1 B2A1, 1 B2A2, 2A, 213,
2C, 3, 4A, 4A1, 4A2, 4A3, 413, 4131, 4132, 5A, 5A1, 5A1A, 513, 5C, 6A, 6A1, 6A1A,
6A2, 6A2A, and 613, R.P. Estes Subdivision and Tracts 113, 1131, 1131A, 1131A1,
113113, 1131131, 1131C, 1131D, and 1132, T. Martin Survey, Abstract No. 1134, City
of Southlake, Tarrant County, Texas; and generally located at the northwest
corner of W. Dove Rd. and SH 114, Southlake, Tarrant County, Texas. The
current zoning is "NR -PUD" Non Residential Planned Unit Development, "AG"
Agricultural District and "SP -1" Detailed Site Plan District. The requested zoning
is "R -PUD" Residential Planned Unit Development. SPIN Neighborhood # 5.
This item was tabled on January 17, 2013.
10. Consider: ZA12-119, Site Plan for Chick-fil-a on property described as Lot 4,
Block 1; Perry/Allen Addition, an addition to the City of Southlake, Tarrant
County, Texas and located at 2301 E Southlake Boulevard, City of Southlake,
Texas. Current zoning is "C-3" General Commercial District. SPIN
Neighborhood #8.
PUBLIC HEARING
11. Consider: ZA13-015, Special Use Permit for Chick-fil-a to allow construction
of a proposed storage building attached to the existing dumpster on property
described as Lot 4, Block 1; Perry/Allen Addition, City of Southlake, Tarrant
County, Texas and located at 2301 E Southlake Boulevard, City of Southlake,
Texas. Current zoning is "C-3" General Commercial District. SPIN
Neighborhood #8.
PUBLIC HEARING
12. Consider: ZA13-002, Special Use Permit for sales and service of used
automobiles, trucks or motor homes for Richmond Cars on property
described as Lot 1, Block 1, J.N. Gibson No. 591 Addition, City of Southlake,
Tarrant County, Texas and located at 1215 Brumlow Avenue, City of Southlake,
Texas. Current Zoning is "I-1" Light Industrial District. SPIN Neighborhood #8
PUBLIC HEARING
13. Adjourn.
A quorum of the City Council may be present at this meeting
Planning & Zoning Commission Agenda
February 7, 2013
Page 3 of 4
CITY OF
SOUTH LAKE
TEXAS
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, February 1, 2013,
by 6.00 p.m., pursuant to the Texas Government Code, Chapter 551.
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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.
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.
Planning & Zoning Commission Agenda
February 7, 2013
Page 4 of 4
1 CITY O F
SOUTHLAKE
TEXAS
REGULAR PLANNING AND ZONING COMMISSION MEETING FEBRUARY 7, 2013
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: Chairman Hudson, Vice Chair Parrish, Laird Fairchild,
Kate Smith, and Michael Springer.
STAFF PRESENT: Deputy Director, Dennis Killough; Planner II, Richard Schell;
Planner I, Matthew Jones; Civil Engineer, Steve Anderson; Civil Engineer, Alex Ayala;
and Commission Secretary, Holly Blake.
WORK SESSION:
Item No. 1 — Call to Order: Chairman Hudson called the work session to order at 5:30
p.m.
Item No. 2 — Recap of City Council's action and discussion on Planning & Zoning
recommended cases: These items were not discussed due to the late start of the
meeting.
Item No. 3 — Discussion of all Items of Tonight's Meeting Agenda:
Item No. 4 — Voting Training on the new equipment.
Item No. 5 — Work Session Adjourned: Chairman Hudson adjourned the work session at
6:25 p.m.
Regular Session:
Agenda Item No. 1 — Call to Order: Chairman Hudson called the regular meeting to order
at 6:30 p.m.
Agenda Item No. 2— Approval of Minutes for the Planning and Zoning Commission
meeting held on January 17, 2013.
Made a motion to approve the minutes dated January 17, 2013.
Motion: Parrish
Second: Smith
Ayes: Fairchild, Parrish, Smith, Springer and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Planning and Zoning Commission Meeting Minutes — February 7, 2013
Page 1 of 11
Agenda Item No. 3 — Administrative Comments: Dennis Killough announced the
Mobility Master Plan Committee Meeting dated for February 12, 2013 which will be held in
TH Training Rooms 3A and 3B at 5:00 p.m.
CONSENT AGENDA:
Agenda Item No. 4 — Ordinance No. 480 -JJJJ, an amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to building color.
Staff is requesting to table this item indefinitely.
Motion to table Ordinance No. 480 -JJJJ indefinitely.
Motion: Parrish
Second: Smith
Ayes: Fairchild, Parrish, Smith, Springer and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Agenda Item No. 5 - ZAl2 -117, Final Plat for Carillon Phase 4B on property
described as a portion of Tract 3, Absalom H. Chivers Survey, Abstract No. 299, City of
Southlake, Tarrant County, Texas and generally located at the northeast intersection of
Kirkwood Boulevard and Southmont Drive. The current zoning is "ECZ" Employment
Center Zoning District. SPIN Neighborhood #3.
Motion to approve ZAl2 -117, Final Plat for Carillon Phase 4B as presented.
Motion: Parrish
Second: Smith
Ayes: Fairchild, Parrish, Smith, Springer and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Agenda Item No. 6 - ZA13 -003, Final Plat for Carillon Phase 4C on property
described as a portion of Tract 3 and a portion of Tract 4A1, Absalom H. Chivers
Survey, Abstract No. 299, City of Southlake, Tarrant County, Texas and generally
located east of the intersection of Southmont Drive and Kirkwood Boulevard. The
current zoning is "ECZ" Employment Center Zoning District. SPIN Neighborhood #3.
Motion to approve ZA13 -003, Final Plat for Carillon Phase 4C as presented.
Motion: Parrish
Second: Smith
Ayes: Fairchild, Parrish, Smith, Springer and Hudson
Nays: None
Abstain: None
Planning and Zoning Commission Meeting Minutes — February 7, 2013
Page 2 of 11
Approved: 5 -0 -0
Agenda Item No. 7 - ZA13 -006, Special Use Permit to allow for outdoor sales or
services for Tropical Sno - snow cone stand on property described as Tract 2J,
Francis Throop Survey, Abstract No. 151, City of Southlake, Tarrant County, Texas and
located at 2199 E Dove Road, City of Southlake, Texas. Current zoning is "C -1"
Neighborhood Commercial District. SPIN Neighborhood #4.
Applicant is requesting to table this item indefinitely.
Motion to table ZA13 -006 indefinitely.
Motion: Parrish
Second: Smith
Ayes: Fairchild, Parrish, Smith, Springer and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Executive Session: Chairman Hudson announced that Planning and Zoning Commission
would be going into Executive Session pursuant to Texas Government Code, Section
551.071, consultation with the city attorney, 551.074 deliberation regarding personnel, and
Section 551.072, deliberation regarding real property. Planning and Zoning Commission
adjourned for Executive Session at 6:33 p.m. Executive Session began at 6:35 p.m. and
concluded at 6:55 p.m.
Reconvene: Chairman Hudson reconvened the meeting at 6:57 p.m. and same members
and staff are present. Chairman Hudson stated that no action was necessary from
Executive Session.
REGULAR AGENDA:
Agenda Item No. 8 - CP12 -004, Land Use Plan Amendment from Mixed Use and
Low Density Residential to Medium Density Residential on property described as
Tracts 1B, 1B2, 1 B2A, 1 B2A1, 1B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4B1, 4B2,
5A, 5A1, 5A1A, 5B, 5C, 6A, 6A1, 6A1A, 6A2, 6A2A, and 6B, R.P. Estes Subdivision and
Tracts 1B, 1B1, 1B1A, 1B1A1, 1B1B, 1B1B1, 1B1C, 1B1D, and 1B2, T. Martin Survey,
Abstract No. 1134, City of Southlake, Tarrant County, Texas; and generally located at
the northwest corner of W. Dove Rd. and SH 114, Southlake, Tarrant County, Texas.
The current zoning is "NR -PUD" Non Residential Planned Unit Development, "AG"
Agricultural District and "SP -1" Detailed Site Plan District. The requested zoning is "R-
PUD" Residential Planned Unit Development. SPIN Neighborhood # 5.
This item was tabled on January 17, 2013.
Matt Jones, Planner I presented item 8 and item 9 together.
Mehrdad Moayedi, President and CEO of Centurion American Homes, 1221 N -IH 35 E,
Suite 200, Carrollton came forward and Bobby Dollak with G & A Consultants LLC, 611
Dallas Dr. Suite 114, Roanoke came forward. Mr. Moayedi and Mr. Dollak presented the
changes that were requested by the Commission and surrounding residents.
Planning and Zoning Commission Meeting Minutes - February 7, 2013
Page 3 of 11
Chairman Hudson asked what changes were made regarding the roundabout particularly
for the property owner where the median would have covered their driveway.
Mr. Dollak stated that is Mr. Lewis' house. Mr.Dollak's client has agreed to build a circle
drive and put a drive further down on Peytonville that is safer for Mr. Lewis and his family.
Mr. Lewis has agreed. Mr. Avary will have his driveway moved as well for a better line of
site. We have also agreed to work with Mr. Glosser during the preliminary and final plat
stages.
Commissioner Fairchild expressed his concern regarding the density and what the
applicant has done to analyze whether it is feasible or not.
Mr. Moayedi stated that to lose anymore lots or density would cost them economically due
to all the other requests that have been met.
Commissioner Fairchild asked the applicant if they were to cut or trim out 10 %, only to
have it put back in on the existing lots, increasing the sale price of each lot 10% would
allow the applicant to break even economically.
Commissioner Smith mentioned the distance to the existing gas well located in the Town
of Westlake and the proximity of the houses that will be built in Southlake.
Commissioner Fairchild addressed the lot issue with the applicant and asked for a
definitive answer.
Mr. Moayedi stated that they could reduce the number of houses by two, but believes it
would affect them in a way that would make them less competitive with other subdivisions.
Commissioner Smith mentioned the gas ordinance that is in place and whether or not it is
affected by the existing well located in the Town of Westlake.
City Attorney, Bryn Meredith stated that the drilling ordinance establishes a 1,000 -ft.
setback for wells from existing structures, but the opposite is not true. You can build a
home closer than a 1,000 -ft. to an existing well.
Commissioner Smith asked about re- drilling and /or fracking.
Mr. Meredith stated that yes the well could be re- drilled and fracking would occur but it
doesn't change that it is an existing well. Only new wells would have to meet those
setbacks.
Commissioner Springer asked about the mineral rights.
Mr. Moayedi stated that Maguire Partners retained all mineral rights when they sold the
property.
Mr. Meredith advised that if the Commission is in need of further clarification or legal
Planning and Zoning Commission Meeting Minutes — February 7, 2013
Page 4 of 11
counsel that they convene briefly in Executive Session.
Chairman Hudson agreed.
Executive Session: Chairman Hudson announced that Planning and Zoning Commission
would be going into Executive Session pursuant to Texas Government Code, Section
551.071, consultation with the city attorney, 551.074 deliberation regarding personnel, and
Section 551.072, deliberation regarding real property. Planning and Zoning Commission
adjourned for Executive Session at 7:18 p.m. Executive Session began at 7:19 p.m. and
concluded at 7:25 p.m.
Reconvene: Chairman Hudson reconvened the meeting at 7:27 p.m. and same members
and staff are present. Chairman Hudson stated that no action was necessary from
Executive Session.
Commissioner Fairchild gave a suggestion to lose 8 lots on the northern side of
Jamestown Lane which would solve a great deal of problems.
Mr. Moayedi disagreed and stated that it would kill the deal.
Commissioner Smith asked the applicant to clarify what land they own.
Mr. Moayedi stated that they own the land up to the gas well in the Town of Westlake.
Commissioner Smith expressed her continued concern regarding the density.
Mr. Moayedi reminded the Commission of the current zoning and allowed use.
Chairman Hudson opened the public hearing.
Scott Simmons, 310 Watermere Drive, Southlake came forward and spoke in support of
the development. Mr. Simmons believes that this a good fit
David Keener, 575 Southview Trail, Southlake came forward and also stated he was in
favor of this development.
Suzan Kedron, 901 Main Street 75202 came forward. Ms. Kedron is the legal
representative for the O'Neil family. Ms. Kedron went over key points of the agreement
made between the applicant and the O'Neil family.
Chairman Hudson disagreed with the portions of the agreement. The Commission
believes that there are portions that are between the O'Neil family and the developer
and believes that the City is unable to enforce them. Those items will be listed in the
motion.
Chairman Hudson closed the public hearing.
Planning and Zoning Commission Meeting Minutes — February 7, 2013
Page 5 of 11
Chairman Hudson continued and stated that even though he would prefer a better
density, he believes the developer has done a great job working with the City and the
neighbors.
Commissioner Fairchild agreed and also stated that the Commission was given a
petition of people that are against this development, but none are here to voice their
opinion. Also, it was pointed out that the majority of the people on the petition lived
beyond the 200 -ft. requirement.
Chairman Hudson pointed out that a lot of the names and addresses of people on that
petition do not live within the 200 -ft. of this development.
Motion to approve CP12 -004 subject to Staff Report dated February 1, 2013.
Motion: Parrish
Second: Fairchild
Ayes: Fairchild, Parrish, Springer and Hudson
Nays: Smith
Abstain: None
Approved: 4 -1 -0
Agenda Item No. 9 - ZAl2 -088, Zoning Change and Development Plan for
Savannah Estates on property described as Tracts 1 B, 1 B2, 1 B2A, 1 B2A1, 1 B2A2, 2A,
2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4B1, 4B2, 5A, 5A1, 5A1A, 5B, 5C, 6A, 6A1, 6A1A,
6A2, 6A2A, and 6B, R.P. Estes Subdivision and Tracts 1B, 1B1, 1B1A, 1 B1A1, 1 B1 B,
1 B1 B1, 1 B1 C, 1 B1 D, and 1B2, T. Martin Survey, Abstract No. 1134, City of Southlake,
Tarrant County, Texas; and generally located at the northwest corner of W. Dove Rd.
and SH 114, Southlake, Tarrant County, Texas. The current zoning is "NR -PUD" Non
Residential Planned Unit Development, "AG" Agricultural District and "SP -1" Detailed
Site Plan District. The requested zoning is "R -PUD" Residential Planned Unit
Development. SPIN Neighborhood # 5.
This item was tabled on January 17, 2013.
Motion to approve ZAl2 -088 subject to Staff Report dated February 1, 2013 and Site
Plan Revised Review Summary No. 3 dated February 1, 2013. In regards to the
development standards presented, the recommendation is to not approve C1B
screening and 8A3 miscellaneous requirements, both referring to the notification of a
particular homeowner of plans and structural drawings.
Motion: Parrish
Second: Fairchild
Ayes: Fairchild, Parrish, Springer and Hudson
Nays: Smith
Abstain: None
Approved: 4 -1 -0
Planning and Zoning Commission Meeting Minutes - February 7, 2013
Page 6 of 11
Agenda Item No. 10 - ZAl2 -119, Site Plan for Chick -fil -a on property described as
Lot 4, Block 1; Perry/Allen Addition, an addition to the City of Southlake, Tarrant County,
Texas and located at 2301 E Southlake Boulevard, City of Southlake, Texas. Current
zoning is "C -3" General Commercial District. SPIN Neighborhood #8.
Richard Schell, Planner II presented both Item 10 and Item 11 together.
Bryan Burger with Burger Engineering LLC at 17103 Preston Rd, Suite 180N, 75248
came forward. Mr. Burger is hoping that this will move traffic faster. It is called a center
line kitchen which increases productivity.
Commissioner Springer asked about the grease trap.
Mr. Burger stated that the grease trap will be relocated to the drive lane and will
continue to be assessable.
Commissioner Springer asked about the storage building and what will be its use.
Mr. Burger stated that it is generally used to store a power washer for the parking lot.
Chairman Hudson asked about the landscape island and the placement of the storage
building.
Mr. Burger stated it was a typical design to have the storage structure next to the
dumpster enclosures.
Commissioner Fairchild asked if Mr. Burger had visited this Chick -fil -a during the middle
of the week and wondered if Mr. Burger believed that they have a parking issue.
Mr. Burger stated that this site is no different than any other site. All sites are that busy
and have the same issue.
Commissioner Fairchild stated that this addition and storage structure will eliminate 5
parking spaces.
Mr. Burger stated that should not affect anything. 60% of the business is done through
the drive -thru.
Commissioner Fairchild stated to Mr. Burger that some opposition letters had come in
and that parking was the issue.
Mr. Burger addressed the opposition letters by stating that they contacted all their
neighbors regarding this addition.
Chairman Hudson stated that the opposition came from the businesses on the other
side of Taco Bueno.
Commissioner Smith and Fairchild agreed that parking is not an issue. It is the drive -
Planning and Zoning Commission Meeting Minutes — February 7, 2013
Page 7 of 11
thru.
Mr. Burger stated that with the center line kitchen will improve that.
Commissioner Fairchild asked if the access easement agreement with Taco Bueno
include parking or just access.
Mr. Burger answered that it was for access only.
Chairman Hudson opened and closed the public hearing.
Motion to approve ZAl2 -119 subject to Staff Report dated February 1, 2013 and Site
Plan Review Summary No. 2 dated February 1, 2013.
Motion: Parrish
Second: Fairchild
Ayes: Fairchild, Parrish, Springer, Smith and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Agenda Item No. 11 - ZA13 -015, Special Use Permit for Chick -fil -a to allow
construction of a proposed storage building attached to the existing dumpster on
property described as Lot 4, Block 1; Perry/Allen Addition, City of Southlake, Tarrant
County, Texas and located at 2301 E Southlake Boulevard, City of Southlake, Texas.
Current zoning is "C -3" General Commercial District. SPIN Neighborhood #8.
Motion to approve ZA13 -015 subject to Staff Report and Site Plan Review Summary
No. 2 dated February 1, 2013 and granting the requested variances: 1) Zoning
Ordinance No. 480, Section 45.16 (a) requires accessory buildings on a permanent
foundation to be located no closer than 10' to a property line. The applicant is
requesting a variance to allow an approximately 5' rear setback. 2) Zoning Ordinance
No. 480, Section 45.16(i) requires the roof (design, pitch, materials) of accessory
buildings to match the principal structure roof. The applicant is proposing the roof as
shown on the elevations.
Motion: Parrish
Second: Fairchild
Ayes: Fairchild, Parrish, Springer, Smith and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Agenda Item No. 12 - ZA13 -002, Special Use Permit for sales and service of used
automobiles, trucks or motor homes for Richmond Cars on property described as
Lot 1, Block 1, J.N. Gibson No. 591 Addition, City of Southlake, Tarrant County, Texas
and located at 1215 Brumlow Avenue, City of Southlake, Texas. Current Zoning is "1 -1"
Planning and Zoning Commission Meeting Minutes — February 7, 2013
Page 8 of 11
Light Industrial District. SPIN Neighborhood #8.
Richard Schell, Planner II presented this item.
Neil Richmond, 23 Hialeah Drive, Midland 79705 came forward. Mr. Richmond clarified
that he is not a used car salesman or a mechanic. Mr. Richmond explained that he
owns several antique cars that from time to time will need a minor tune up. The cars will
not be stored outside. The weather is not good for these cars. Also due to the use of
this facility, traffic will be considerably less.
Commissioner Parrish stated that the request for 10 years is too long and wondered if a
shorter period of time would be acceptable.
Mr. Richmond agreed.
Commissioner Smith asked Mr. Richmond if he plans to continue living in Midland.
Mr. Richmond stated that he is relocating to Southlake.
Commissioner Smith and Chairman Hudson asked about hours of operation and
employees.
Mr. Richmond stated that the hours would be minimal with no weekends and only his
son would be helping out.
Chairman Hudson also asked about storage of other people's vehicles.
Mr. Richmond stated that only is vehicles would be stored there.
Commissioner Smith asked for clarification of antique vehicles.
Mr. Richmond stated that any vehicle over 25 years is considered antique.
Commissioner Smith would like the sales of vehicles to be restricted to antique vehicles
only and a certain number of sales per year. This will help keep the integrity of what the
applicant is asking for.
Commissioner Fairchild agreed and also would like to hear some of the concerns
addressed by neighbors.
Mr. Richmond stated that one of the concerns was lighting. Mr. Richmond plans to not
change any lights on the exterior portion of the building. Another concern was the traffic.
The traffic from this facility would be minimal.
Commissioner Fairchild asked how many cars Mr. Richmond had.
Mr. Richmond stated 21.
Planning and Zoning Commission Meeting Minutes — February 7, 2013
Page 9 of 11
Commissioner Smith asked if this was his collection and how many does he sell on
average per year.
Mr. Richmond stated that this was his personal collection and he only sells 2 a year.
Commissioner Smith asked if any of the vehicles that he sells are on consignment or
someone else's cars.
Mr. Richmond stated that they were his cars only.
Commissioner Smith would like language in the motion to state that.
Commissioner Fairchild asked about signage.
Mr. Richmond stated maybe his name only.
Commissioner Fairchild believes that signage would make it look like a business instead
of a collection.
Commissioner Parrish clarified that all minor repairs would be done inside.
Mr. Richmond agreed.
Commissioner Fairchild asked for clarification on what kind of repairs would be done.
Mr. Richmond stated spark plugs, maintenance etc. nothing major and no body work.
Dennis Killough stated that the request that is being made is for the storage and sales
of personal cars with minor maintenance work in an 1 -1 zoning.
Chairman Hudson opened the public hearing. Chairman Hudson read aloud the
comment card for Paul Blight, 1418 Montgomery Lane 76092. Mr. Blight does not wish
to speak but is in opposition of this item.
Michael Grayson, 1426 Montgomery Lane 76092 came forward. Mr. Grayson is happy
with the request as long as the vehicles remain his personal cars and the limitations are
placed on the request.
Ron Waschka, 617 Chandon Court 76092 came forward. Mr. Waschka stated that he
also collects old cars. His storage facility is in Colleyville. Mr. Waschka voiced his
support for this request.
Chairman Hudson closed the public hearing.
Motion to approve ZA13 -002 subject to Staff Report dated February 7, 2013 and subject
to the following restrictions; 1) all storage is limited to inside 2) any repair work is limited
to minor tune ups and maintenance performed inside and no body work 3) personal
storage of vehicles as primary use 4) sales be restricted to "antique vehicles" as defined
Planning and Zoning Commission Meeting Minutes — February 7, 2013
Page 10 of 11
by the Texas Motor Vehicle Code and be limited to 5 cars per year 5) hours 9 a.m. to 5
p.m., Monday thru Friday with no weekend hours 6) no signage 7) no change in lighting
8) any vehicle sold must be owned by Mr. Richmond and not on consignment and 9)
SUP limited to 3 years.
Motion: Parrish
Second: Fairchild
Ayes: Fairchild, Parrish, Springer, Smith and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Agenda Item No. 13 Meeting Adjournment — Meeting Adjourned at 8:58 p.m.
_i /✓
obert Hudson
ATTEST: Chairman
1
Roily Blake
Commission Secretary
Planning and Zoning Commission Meeting Minutes — February 7, 2013
Page 11 of 11