2013-03-21 P&Z MeetingCITY OF
SOUTH LAKE
TEXAS
PLANNING AND ZONING COMMISSION MEETING: MARCH 21, 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: 6:00 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. 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 Reaular Session or at anv time durina the
meetinq that a need arises for the Planninq and Zoninq 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.
3. Consider approval of the minutes for the Planning and Zoning Commission
meeting held on February 21, 2013.
4. Consider approval of the minutes for the Planning and Zoning Commission
meeting held on March 7, 2013.
Planning & Zoning Commission Agenda
March 21, 2013
Page 1 of 3
CITY OF
SOUTHLAKE
TEXAS
5. Administrative Comments.
REGULAR AGENDA:
6. Consider: ZA13-001, Site Plan for Memo Corporation on property being
described as Lot 1, Block A, Entek Addition an addition to the City of Southlake,
Tarrant County, Texas located at 722 S. Kimball Ave., Southlake, Texas. The
current zoning is 1-1" Light Industrial Zoning District. SPIN Neighborhood #8.
PUBLIC HEARING This item was tabled at the March 7, 2013 Planning and
Zoning Meeting.
7. Consider: ZA13-029, Specific Use Permit for carports on non-residential property
for the Memo Corporation on property being described as Lot 1, Block A, Entek
Addition an addition to the City of Southlake, Tarrant County, Texas located at
722 S Kimball Ave., Southlake, Texas. The current zoning is 1-1" Light Industrial
Zoning District. SPIN Neighborhood #8. PUBLIC HEARING
8. Consider: ZA13-022, Site Plan for McDonald's on property being described as
Lot 1R2, Block 1, Kimball/1709 Addition, an addition to the City of Southlake,
Tarrant County, Texas located at 225 N. Kimball Ave., Southlake, Texas. Current
zoning is "C-3" — General Commercial District. SPIN Neighborhood #8. PUBLIC
HEARING
9. Consider: ZA13-028, Specific Use Permit for a storage building at McDonald's on
property being described as Lot 1R2, Block 1, Kimball/1709 Addition, an addition
to the City of Southlake, Tarrant County, Texas located at 225 N. Kimball Ave.,
Southlake, Texas. Current zoning is "C-3" — General Commercial District. SPIN
Neighborhood #8. PUBLIC HEARING
10. Consider: ZA13-026, Specific Use Permit for temporary construction and/or
sales facility on property being described as Lot 11, Block 6, Shady Oaks Phase 2F,
Southlake, Tarrant County, Texas and located at 908 Berkshire Road, Southlake, Texas.
Current zoning is R -PUD - Residential Planned Unit Development District. SPIN
Neighborhood #6. PUBLIC HEARING
11. Consider: Ordinance No. 480-NNNN, an amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, deleting Section 46.3d pertaining to
procedures to overrule a recommendation of the Planning and Zoning
Commission to deny a proposed change to a regulation or district boundary.
PUBLIC HEARING
Planning & Zoning Commission Agenda
March 21, 2013
Page 2 of 3
CITY OF
SOUTHLAKE
TEXAS
12. Consider: Ordinance No. 1061, Water Conservation Master Plan, a component
of the Southlake 2030 Comprehensive Plan. PUBLIC HEARING
13. Adjournment.
A quorum of the City Council may be present at this meeting
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, March 15, 2013, by
6:00 p.m., pursuant to the Texas Government Code, Chapter 551.
4 SLY`'
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
March 21, 2013
Page 3 of 3
0 CITY OF
S OUTHLAKE
TEXAS
REGULAR PLANNING AND ZONING COMMISSION MEETING MARCH 21, 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 Robert Hudson, Michael Forman,
D. Todd Parrish, Laird Fairchild, Michael Springer and Kate Smith.
STAFF PRESENT: Deputy Director, Dennis Killough; Director of Public Works, Robert
Price; City Engineer, Steve Anderson; Planner II, Daniel Cortez; Environmental
Coordinator, Christy Upton and Commission Secretary, Holly Blake.
WORK SESSION:
Item No. 1 — Call to Order: Chairman Hudson called the work session to order at 6:03
p.m.
Item No. 2 — Recap of City Council's action and discussion on Planning & Zoning
recommended cases:
Item No. 3 — Discussion of all Items of Tonight's Meeting Agenda:
Item No. 4 — Work Session Adjourned: Chairman Hudson adjourned the work session at
6:49 p.m.
Regular Session:
Agenda Item No. 1 — Call to Order: Chairman Robert Hudson called the meeting to order
at 6:51 p.m.
Agenda Item No. 2 — Executive Session:
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.
Agenda Item No. 3— Approval of Minutes for the Planning and Zoning Commission
meeting held on February 21, 2013.
Planning and Zoning Commission Meeting Minutes — March 21, 2013
Page 1 of 10
Motion to approve the minutes dated February 21, 2013.
Motion: Parrish
Second: Smith
Ayes: Forman, Fairchild, Springer, Smith and Hudson
Nays: None
Abstain: Parrish
Approved: 5 -0 -1
Agenda Item No. 4 — Approval of Minutes for the Planning and Zoning Commission
meeting held on March 7, 2013.
Motion to approve the minutes dated March 7, 2013.
Motion: Parrish
Second: Smith
Ayes: Fairchild, Smith, Springer and Hudson
Nays: None
Abstain: Forman, Parrish
Approved: 4 -0 -2
Agenda Item No. 5 — Administrative Comments. Staff had no comments.
REGULAR AGENDA:
Agenda Item No. 6 — ZA13 -001, Site Plan for Memo Corporation on property being
described as Lot 1, Block A, Entek Addition an addition to the City of Southlake, Tarrant
County, Texas located at 722 S. Kimball Ave., Southlake, Texas. The current zoning is
"1 -1" Light Industrial Zoning District. SPIN Neighborhood # 8
PUBLIC HEARING This item was tabled at the March 7, 2013 Planning and Zoning
Meeting.
Planner II, Daniel Cortez presented Items 6 and 7 together.
Chairman Hudson asked staff what the impervious coverage for 1 -1 zoning was.
Staff stated it was 80.
Commissioner Forman asked staff what portion of the fence backs up to the carport on
the west.
Daniel Cortez stated the fence that backs up to the carport would be all stone which
located at the heavier landscaped area.
Chairman Hudson asked about the 4:1 slope ratio and how it is measured and from
what point.
Daniel Cortez stated it is measured from the property line that is adjacent to the
Planning and Zoning Commission Meeting Minutes —March 21, 2013
Page 2 of 10
residential property at a height of 6 -ft.
Amr Elborai, 2046 Miracle Pointe, Southlake came forwarde. Mr. Elborai stated that the
chain Zink fence will be replaced with wood and stone. Mr. Elborai continued to state that
they are not adding a net of 8,900 square feet of office. The net is very small due to the
existing building that is sits on Kimball Avenue which is roughly 5,700 square feet of
office. The new building that will be built in its place will be 4,200 square feet. The other
larger building on the south side is 18,000 square feet only 5,000 square feet will be
used for office. Net increase is about 4,500 square feet of office and 13,000 square feet
of warehouse.
Carl Deitz, 3537 Four Trees Blvd., Weatherford came forward. The loading docks while
they are still on the front of the building, we have turned them 90 degrees and have put
a screen wall that is parallel with Kimball Ave. The wall will be at least a 12 -ft. wall to
screen all trucks and loading. From the south, the old approach will be closed and
landscaped.
Chairman Hudson asked about the facade of the existing warehouse building.
Mr. Elborai stated that it will get the same finish as the remainder of the project.
Commissioner Fairchild asked if there were any existing elevations of the north side.
Mr. Elborai and staff showed the Commission for the presentation the north side
elevations.
Commissioner Fairchild asked about the north property owners.
Mr. Elborai stated that the owner is a dental insurance agency.
Commissioner Fairchild expressed concern about the facade and lighting on the north
side. The concern comes from a response letter received regarding the lighting.
Mr. Elborai stated that no additional lighting will be installed. However, the lighting can
be modified to be more accommodating to the neighbors.
Commissioner Fairchild asked if more landscaping can be done along the common
access easement to elevate the lighting.
Mr. Elborai stated that the best and easiest thing to do is to adjust the lights that would
be more accommodating to the neighbors.
Commissioner Forman asked about the size of the delivery trucks and what entrance
they use.
Mr. Elborai stated 18- wheelers and it depends on the direction they are coming from.
With the new drive, the trucks will have a larger radius and will be hidden behind the
screening wall.
Planning and Zoning Commission Meeting Minutes —March 21, 2013
Page 3 of 10
Chairman Hudson opened the public hearing for both Items 6 and 7.
JF Denis, 2118 Miracle Point Dr., Southlake came forward. Mr. Denis stated his
support for these improvements and has a full understanding of the variances involved.
Chairman Hudson closed the public hearing.
Chairman Hudson and Commissioner Springer expressed that they would like to see
more landscaping. However, based on the site, there is limited area. The Chairman
asked the applicant to look around and see what more can be done regarding the metal
building. Overall, the site plan presented is a good improvement.
Motion to approve subject to Site Plan Revised Review Summary No. 2, dated
March 20, 2013 and Staff Report dated March 20, 2013, granting all variances; 1)
Section 43.13.a.6 of the Zoning Ordinance regarding loading docks, 2) Section
43.13.a.8 of the Zoning Ordinance regarding 4:1 ratio setback for residential
adjacency, 3) Section 42.4.e of the Zoning Ordinance regarding bufferyards, 4)
Section 5 of the Driveway Ordinance No. 634 regarding minimum driveway
separations, 5) Tree Preservation Ordinance regarding preservation of existing
tree coverage; and noting the applicant's willingness to address the lights on the
north side through replacement, footing, directional or sensors and the
applicant's willingness to examine additional possibilities to the northern facade
and the applicant's willingness to replace the chain link fence with wood on
board on the western property line.
Motion: Parrish
Second: Smith
Ayes: Fairchild, Forman, Parrish, Smith, Springer and Hudson
Nays: None
Abstain: None
Approved: 6 -0 -0
Agenda Item No. 7 - ZA13 -029, Specific Use Permit for carports on non - residential
property for the Memo Corporation on property being described as Lot 1, Block A, Entek
Addition an addition to the City of Southlake, Tarrant County, Texas located at 722 S
Kimball Ave., Southlake, Texas. The current zoning is "1 -1" Light Industrial Zoning
District. SPIN Neighborhood # 8
PUBLIC HEARING
Motion to approve subject to Staff Report dated March 15, 2013 and granting
variances; 1) Section 45.11.b.b regarding maximum number of spaces 2) Section
45.11.a.3 of the Zoning Ordinance regarding 4:1 ratio setback for residential
adjacency. 6 -0 -0
Motion: Parrish
Second: Smith
Ayes: Fairchild, Forman, Parrish, Smith, Springer and Hudson
Planning and Zoning Commission Meeting Minutes —March 21, 2013
Page 4 of 10
Nays: None
Abstain: None
Approved: 6 -0 -0
Agenda Item No. 8 - ZA13 -022, Site Plan for McDonald's on property being
described as Lot 1R2, Block 1, Kimball /1709 Addition, an addition to the City of
Southlake, Tarrant County, Texas located at 225 N. Kimball Ave., Southlake, Texas.
Current zoning is "C -3" — General Commercial District. SPIN Neighborhood # 8.
PUBLIC HEARING
Planner II, Daniel Cortez presented Items 8 and 9 together.
Chairman Hudson asked about the stacking and if it's measured from the property line.
Daniel Cortez stated yes added that there could be 25 -ft. to 30 -ft. more from the
roadway.
Ted Murday with Adam's Engineering, at 910 S. Kimball Ave. came forward. Mr. Murday
explained in detail the changes that are being requested including the landscaping.
Chairman Hudson asked if the location of the existing trash dumpster is encroaching
within the 10 -ft.
Mr. Murday stated no because it is oriented facing north. The sizes will not increase for
the dumpster or the storage building. However to service them, it will need to rotate
which will encroach within the 10 -ft.
Chairman Hudson asked if it will affect the landscaping.
Mr. Murday stated that the tree will remain, but the hedges will be replaced.
Commissioner Fairchild asked about the delivery trucks and the loading zone.
Mr. Murday stated that will not change.
Chairman Hudson opened and closed the public hearing on Items 8 and 9.
Commissioner Smith addressed the issue of the paint color for the facade.
David Larson, 620 Sorita Circle, Heath, TX came forward.
Chairman Hudson asked Mr. Larson if the applicant would be willing to remove the
yellow stripe along the facade to comply with the new ordinance.
Mr. Larson stated that it is a branded element but the color can be changed. Mr. Larson
continued to ask if an as -built can be presented that shows the content.
Chairman Hudson explained the new ordinance and the color pallet to the applicant in
Planning and Zoning Commission Meeting Minutes —March 21, 2013
Page 5 of 10
order for the applicant to be better prepared for City Council.
Mr. Larson stated that this building has evolved over the years to keep up with the need
of the community but the local ordinances sometimes are overlooked. However, the
applicant expressed that they are willing to conform to the local ordinances and codes
as necessary.
Motion to approve subject to Site Plan Review Summary No. 2, dated March 15,
2013 and Staff Report dated March 15, 2013 and granting requested variances; 1)
Driveway Ordinance No. 634, as amended, requires a stacking depth of 100' for
the north -south driveway that runs behind (east) of the restaurant at the
intersection of E. S.H. 114. A stacking depth of approximately 37.5' is requested.
2) Zoning Ordinance No. 480, Section 42.4.e (Table One), as amended, requires a
5' Type A buffer yard along the east and south property lines. A variance is
requested to allow the additional drive through lane and storage
building /dumpster enclosure to encroach into the buffer yards as shown on the
site plan; also the applicant's willingness to consider alternate pallets that might
voluntarily comply with our current ordinance.
Motion: Parrish
Second: Smith
Ayes: Fairchild, Forman, Parrish, Smith, Springer and Hudson
Nays: None
Abstain: None
Approved: 6 -0 -0
Agenda Item No. 9 - ZA13 -028, Specific Use Permit for a storage building at
McDonald's on property being described as Lot 1R2, Block 1, Kimball /1709 Addition, an
addition to the City of Southlake, Tarrant County, Texas located at 225 N. Kimball Ave.,
Southlake, Texas. Current zoning is "C -3" — General Commercial District. SPIN
Neighborhood # 8.
PUBLIC HEARING
Motion to approve subject to Site Plan Review Summary No. 2, dated March 15,
2013 and Staff Report dated March 15, 2013 and granting requested variances; 1)
Zoning Ordinance No. 480, as amended, 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 3'
side setback. 2) Zoning Ordinance No. 480, as amended, 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: Smith
Ayes: Fairchild, Forman, Parrish, Smith, Springer and Hudson
Nays: None
Abstain: None
Approved: 6 -0 -0
Planning and Zoning Commission Meeting Minutes -March 21, 2013
Page 6 of 10
Agenda Item No. 10 - ZA13 -026, Specific Use Permit for temporary construction
and /or sales facility on property being described as Lot 11, Block 6, Shady Oaks Phase
2F, Southlake, Tarrant County, Texas and located at 908 Berkshire Road, Southlake,
Texas. Current zoning is R -PUD - Residential Planned Unit Development District. SPIN
Neighborhood # 6.
PUBLIC HEARING
Planner II, Daniel Cortez presented Item 10.
Commissioner Fairchild asked for clarification on the time limit of the SUP.
Commissioner Springer asked about ADA requirements.
Daniel Cortez stated that the time frame would be up to the Commission and the ADA
requirements will need to be answered by the applicant.
Jared Smitherman with Toll Brothers at 2557 SW Grapevine Pkwy, Suite 100,
Grapevine, came forward. Mr. Smitherman stated that ADA requirements will be
included. Also, the time frame for the use of the trailer is dependent upon the
completion of the model home. Mr. Smitherman is hoping to have a permit in hand by
mid — April or the later end of April.
Commissioner Fairchild clarified with the applicant if he is alright with an October 1
deadline.
Commissioner Smith suggested that a month be added to that due to uncontrollable
circumstances.
Chairman Hudson opened and closed the public hearing.
Motion to approve subject to Staff Review Summary No. 2, dated March 5, 2013
and Staff report dated March 15, 2013 with a time period to October 31, 2013.
Motion: Parrish
Second: Smith
Ayes: Fairchild, Forman, Parrish, Smith, Springer and Hudson
Nays: None
Abstain: None
Approved: 6 -0 -0
Agenda Item No. 11 - Ordinance No. 480 -NNNN, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, deleting Section 46.3d
pertaining to procedures to overrule a recommendation of the Planning and Zoning
Commission to deny a proposed change to a regulation or district boundary.
PUBLIC HEARING
Planner II, Daniel Cortez presented Item 11.
Planning and Zoning Commission Meeting Minutes -March 21, 2013
Page 7 of 10
Chairman Hudson opened and closed the public hearing.
Motion to approve as presented.
Motion: Parrish
Second: Smith
Ayes: Fairchild, Forman, Parrish, Smith, Springer and Hudson
Nays: None
Abstain: None
Approved: 6 -0 -0
Agenda Item No. 12 - Ordinance No. 1061, Water Conservation Master Plan, a
component of the Southlake 2030 Comprehensive Plan.
PUBLIC HEARING
Christi Upton, Environmental Coordinator with Public Works presented Item 12.
Ms. Upton gave a power point presentation explaining the ordinance and the reason for
the change. The power point also included 2030 Master Plan and long term goals. The
organization of the plan came from public comments that were collected during SPIN
meetings as well as staff's knowledge from past plans, current plans and projected
growth of the area. The plan includes a new position for a Conservation Coordinator.
Chairman Hudson asked for clarification on what KAI stood for.
Ms. Upton stated Key Accountability Indicator.
Commissioner Fairchild asked about irrigation systems that are placed underground
and the actual efficiency of the system.
Ms. Upton stated that underground systems were more efficient and that 50% to 60% of
water is loss due to broken heads on current irrigation systems.
Dennis Killough stated that regulations have been added to the Landscape Ordinance
requiring on new installations pressure regulated heads which limit the amount of spray.
Chairman Hudson asked about the underground system and how the roots don't
interfere.
Ms. Upton stated that technology has been developed to help prevent that from
happening.
Commissioner Smith clarified that the Conservation Coordinator will be making these
types of recommendations to City Council.
Chairman Hudson opened the public hearing for Item 12.
Planning and Zoning Commission Meeting Minutes —March 21, 2013
Page 8 of 10
Keith Houser, 1219 Whispering Lane, came forward. Mr. Houser expressed his concern
about the amount of water that the City of Southlake uses. His other concern is the
possible increase of water rates.
Chairman Hudson stated that this is a regional effort to conserve water and make
changes. Also many meetings were held to get to this point and these ideas. No one
likes to raise rates, however, when rates are raised based on use; people have a
tendency to conserve more.
Colby Springer, 1024 Mission Drive, came forward. Mr. Springer recognizes the need
for conservation and that water is a precious resource. Mr. Springer is concerned about
those residents who own large acre lots and whose water consumption is based on
required landscaping. The water rate increase would affect those lots.
Brighton Greane with the Timarron HOA and resides at 114 Longford Circle, came
forward. The HOA made changes several years ago by switching to well water on
Continental and Byron Nelson. This change helped the City and brought our water
usage down. Before the change the HOA was using a million gallons of water a week
during the summer months. Last year the HOA hired a landscape architect to assist in
water conservation for the subdivision which included an upgrade of irrigation systems
and plant and flower life that doesn't require as much water. Based on those efforts, Mr.
Greane stated that he would like a reward system put into place for those that do make
the changes and efforts to save water.
Commissioner Smith pointed out that the master plan does address having a reward
system.
Commissioner Springer stated that it's not about the cost of water but the limited
amount of water that is left. More efforts are needed to reserve that water. The City has
implemented other plans such as using artificial turf on practice fields.
Director of Public Works, Robert Price came forward. Mr. Price stated that this is a
master plan document and does not speak to specific incentive programs. Currently we
do have a residential incentive program in place. Mr. Price addressed all issues
mentioned by Mr. Houser, Mr. Springer and Mr. Greane and explained how the water
lines work, usage and what is the minimum safe criteria.
Chairman Hudson asked if there were any requirements for municipalities to have an
outreach program.
Mr. Price stated that all municipalities are required to have a water conservation
program.
Mr. Houser suggested that the City require contractors and developers to note how
much water will be needed for the jobsite.
Daniel Cortez added that the recommendations of the master plan are intended to
further evaluate and analyze to calculate the impact they will have on the City. With the
Planning and Zoning Commission Meeting Minutes —March 21, 2013
Page 9 of 10
development of this master plan, these will be added to the departmental business
plans on a year to year basis. As the plans are added, budgets will be updated.
Commissioner Fairchild asked about restrictions regarding automatic fillers for pools
that keep pools at a constant level.
Daniel Cortez stated one of the plan recommendations is to address the plumbing code.
Chairman Forman stated that this plan goes beyond our city limits.
Motion to approve as presented.
Motion: Parrish
Second: Smith
Ayes: Fairchild, Forman, Parrish, Smith, Springer and Hudson
Nays: None
Abstain: None
Approved: 6 -0 -0
Agenda Item No. 13 — Meeting Adjournment at 8:53 pm.
obert Hudson
ATTEST: Chairman
,
Holly Blake
Commission Secretary
Planning and Zoning Commission Meeting Minutes —March 21, 2013
Page 10 of 10