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2013-06-06 P&Z MeetingCITY OF SOUTH LAKE TEXAS PLANNING AND ZONING COMMISSION MEETING: June 6, 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 May 23, 2013. 4. Consider approval of the corrected minutes for the Planning and Zoning Commission meeting dated May 9, 2013. Planning & Zoning Commission Agenda June 6, 2013 Page 1 of 4 CITY OF SOUTH LAKE TEXAS 5. Administrative Comments. REGULAR AGENDA: 6. Consider: ZA13-006, Specific Use Permit for outdoor sales or services for Tropical Sno - sno-cone stand on property being described as Lot 34, F. Throop No. 1511 Addition, City of Southlake, Tarrant County, Texas and located at 2199 E. Dove Road, Southlake, TX.The Current Zoning is "C-1" Neighborhood Commercial Zoning District. SPIN Neighborhood No. 4. PUBLIC HEARING 7. Consider: ZA13-055, Zoning Change and Concept Plan for Lots 5 & 6, J. Childress No. 253 Addition on property being described as Tract 1C & 1E, J. Childress Survey, Abstract No. 253, Southlake, Tarrant County, Texas and located at 1375 and 1395 Randol Mill Ave., Southlake, TX. The Current Zoning is "AG" Agriculture District. The Requested Zoning is "SF -1A" Single Family Residential District. SPIN Neighborhood No. 5. PUBLIC HEARING 8. Consider: ZA13-033, Plat Showing for Lots 5 & 6, J. Childress No. 253 Addition on property being described as Tract 1 C & 1 E, J. Childress Survey, Abstract No. 253, Southlake, Tarrant County, Texas and located at 1375 and 1395 Randol Mill Ave., Southlake, TX. The current zoning is "AG" Agriculture Zoning District. The proposed zoning "SF -1A" Single Family Residential District. SPIN Neighborhood No. 5. 9. Consider: ZA13-043, Zoning Change and Concept Plan for 1833 Our Ln. on property described as Tracts 2C11, 2C12 and 2C13, W. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas and located at 1833, 1847 and 1851 Our Ln., Southlake, TX. The Current Zoning is "AG" Agriculture District. The Requested Zoning is "SF -1A" Single Family Residential District. SPIN Neighborhood No. 5. PUBLIC HEARING 10. Consider: ZA13-049, Site Plan for Del Frisco's Grille on property being described as Lot 3, Block 1 R, Southlake Town Square Addition, City of Southlake, Tarrant County, Texas and located at 140 State St., Southlake, TX. The current zoning is "DT" Downtown District. SPIN Neighborhood No. 8. PUBLIC HEARING Planning & Zoning Commission Agenda June 6, 2013 Page 2 of 4 CITY OF SOUTHLAKE TEXAS 11. Consider: ZA13-058, Specific Use Permit for a Mass Gathering Event for Stars and Stripes on property located within Southlake Town Square and being generally located within the area between E. Southlake Blvd. to the south, State Highway 114 to the north and Carroll Avenue to the west. The Current Zoning is "DT" Downtown District.The purpose of this request is to hold the Stars and Stripes event at Southlake Town Square. SPIN Neighborhood No. 8. PUBLIC HEARING 12. Consider: ZA13-059, Specific Use Permit for a temporary construction trailer for K. Hovanian Homes on property being described as Lot 1, Block 17, Carillon Phase 2A-2, an addition to the City of Southlake, Tarrant County, Texas and located at 1601 Riviera Ln., Southlake TX. The Current Zoning is "ECZ" Employment Center Zoning District. SPIN Neighborhood No. 3. PUBLIC HEARING 13. Meeting adjourned. 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, May 31, 2013, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. jVkLAK 11 '16 V-.�� • Alicia Richardson, TRMC City Secretary -��r''r•.,,,,,, •*� 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. Planning & Zoning Commission Agenda June 6, 2013 Page 3 of 4 CITY OF SOUTHLAKE TEXAS 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 June 6, 2013 Page 4 of 4 pjT,Y,FTHLAKE TEXAS REGULAR PLANNING AND ZONING COMMISSION MEETING JUNE 6, 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 Chairman Parrish, Michael Forman, Laird Fairchild, Michael Springer and Daniel Kubiak. STAFF PRESENT: Deputy Director, Dennis Killough; City Engineer, Alex Ayala; City Engineer, Steve Anderson; Planner II, Richard Schell; and Commission Secretary, Holly Blake. WORK SESSION: Item No. 1 — Call to Order: Chairman Hudson called the work session to order at 6:00 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 Adiourned: Chairman Hudson adjourned the work session at 6:39 p.m. Regular Session: Agenda Item No. 1 — Call to Order: Chairman Hudson called the meeting to order at 6:41 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 May 23, 2013. Planning and Zoning Commission Meeting Minutes — June 6, 2013 Page 1 of 10 Motion to approve the minutes dated May 23, 2013 with correction to line item 27, replacing Chairman Hudson with Vice Chairman Parrish. Motion: Parrish Second: Forman Ayes: Forman, Parrish and Kubiak Nays: None Abstain: Springer, Fairchild and Hudson Approved: 3 -0 -3 Agenda Item No. 4— Approval of Minutes for the Planning and Zoning Commission meeting held on May 9, 2013. Motion to approve the minutes dated May 9, 2013. Motion: Parrish Second: Forman Ayes: Forman, Fairchild, Hudson, Parrish and Kubiak Nays: None Abstain: Springer Approved: 5 -0 -1 Agenda Item No. 5 — Administrative Comments. Dennis Killough reminded the Commission that the next meeting will be held on July 18, 2013. REGULAR AGENDA: Agenda Item No. 11 — ZA13 -058, Specific Use Permit for a Mass Gathering Event for Stars and Stripes on property located within Southlake Town Square and being generally located within the area between E. Southlake Blvd. to the south, State Highway 114 to the north and Carroll Avenue to the west. The Current Zoning is "DT" Downtown District.The purpose of this request is to hold the Stars and Stripes event at Southlake Town Square. SPIN Neighborhood No. 8. PUBLIC HEARING Richard Schell presented Item 11, ZA13 -058. Ryan McGrail with Community Services came forward. Chairman Hudson asked about street closure. Mr. McGrail stated that they work closely with Public Works and DPS to start closure the night before starting at midnight, but the exterior streets don't shut down until 3 pm the day of. Commissioner Fairchild asked about who determines whether or not the conditions are good for fireworks such as windy conditions or drought conditions. Planning and Zoning Commission Meeting Minutes —June 6, 2013 Page 2 of 10 Mr. McGrail stated that David Barnes, Fire Marshall makes the final call. Commissioner Parrish asked about where the fireworks are shot off from. Mr. McGrail stated that they are shot from the West Parking Garage Roof. Chairman Hudson asked if the garage is closed off. Mr. McGrail stated that the garage is closed down the day of the event. It is fenced off with a police officer posted inside at all times. Chairman Hudson opened and closed the public hearing. Motion to approve with perpetuity unless something changes significantly and subject to Staff Report dated May 30, 2013. Motion: Parrish Second: Forman Ayes: Forman, Fairchild, Hudson, Springer, Parrish and Kubiak Nays: None Abstain: None Approved: 6 -0 -0 Agenda Item No. 6 - ZA13 -006, Specific Use Permit for outdoor sales or services for Tropical Sno - sno -cone stand on property being described as Lot 34, F. Throop No. 1511 Addition, City of Southlake, Tarrant County, Texas and located at 2199 E. Dove Road, Southlake, TX.The Current Zoning is "C -1" Neighborhood Commercial Zoning District. SPIN Neighborhood No. 4. PUBLIC HEARING Richard Schell presented Item 6, ZA13 -006. Jeff Day, 2861 Autumn Drive in Hurst, came forward. Chairman Hudson asked how long Mr. Day has been running this snow cone stand. Mr. Day stated that he has been at this location since 2004. Commissioner Parrish asked about what accommodations were made to provide restrooms. Mr. Day stated that to address the public restroom issue all tables are being removed according to health code. For staff, a portable potty will be provided behind the building. Chairman Hudson asked Mr. Day what would be involved in order to keep the tables. Planning and Zoning Commission Meeting Minutes —June 6, 2013 Page 3of10 Mr. Day stated that he would have to have public restrooms that are handicap accessible. This would involve a lot of concrete work which is not affordable and the owner would not allow. Commissioner Kubiak asked when the benches were added. Mr. Day stated that they have always been there. Commissioner Parrish asked about having seats out there but no tables. Paul Ward, Chief Building Official came forward. Mr. Ward stated that the tables make the snow cone stand an outdoor dining area which initiates the health code. Chairman Hudson stated that more chairs and benches can be added, just no tables. Chairman Hudson opened and closed the public hearing. Motion to approve ZA13 -006 for a 3 year period as requested, subject to it meeting all building, health and accessibility codes and noting the Staff Report dated May 30, 2013. Motion: Parrish Second: Forman Ayes: Forman, Fairchild, Hudson, Springer, Parrish and Kubiak Nays: None Abstain: None Approved: 6 -0 -0 Agenda Item No. 7 - ZA13 -055, Zoning Change and Concept Plan for Lots 5 & 6, J. Childress No. 253 Addition on property being described as Tract 1C & 1E, J. Childress Survey, Abstract No. 253, Southlake, Tarrant County, Texas and located at 1375 and 1395 Randol Mill Ave., Southlake, TX. The Current Zoning is "AG" Agriculture District. The Requested Zoning is "SF -1A" Single Family Residential District. SPIN Neighborhood No. 5. PUBLIC HEARING Richard Schell presented Item 7 and 8 together, ZA13 -055 and ZA13 -033. Commissioner Fairchild asked about the driveway and the gravel drive area. What will happen to drive until Randol Mill is expanded. Mr. Schell stated that the proposed driveway would have to be connected to the existing roadway. Mani Jacob with Beam Real Estate located at 14455 Webb Chapel Rd in Dallas came forward. Mr. Jacob stated that an application was submitted to TXDOT and Public Works for the proposed driveway. Planning and Zoning Commission Meeting Minutes —June 6, 2013 Page 4 of 10 Chairman Hudson opened and closed the public hearing. Motion to approve ZA13 -055 subject to Concept Plan Review Summary No. 2, dated May 31, 2013 and Staff Report dated May 31, 2013. Motion: Parrish Second: Forman Ayes: Forman, Fairchild, Hudson, Springer, Parrish and Kubiak Nays: None Abstain: None Approved: 6 -0 -0 Agenda Item No. 8 - ZA13 -033, Plat Showing for Lots 5 & 6, J. Childress No. 253 Addition on property being described as Tract 1C & 1 E, J. Childress Survey, Abstract No. 253, Southlake, Tarrant County, Texas and located at 1375 and 1395 Randol Mill Ave., Southlake, TX. The current zoning is "AG" Agriculture Zoning District. The proposed zoning "SF -1A" Single Family Residential District. SPIN Neighborhood No. 5. Motion to approve ZA13 -033 subject to Plat Review Summary No. 3, dated May 31, 2013 and Staff Report dated May 31, 2013. Motion: Parrish Second: Forman Ayes: Forman, Fairchild, Hudson, Springer, Parrish and Kubiak Nays: None Abstain: None Approved: 6 -0 -0 Agenda Item No. 9 - ZA13 -043, Zoning Change and Concept Plan for 1833 Our Ln. on property described as Tracts 2C11, 2C12 and 2C13, W. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas and located at 1833, 1847 and 1851 Our Ln., Southlake, TX. The Current Zoning is "AG" Agriculture District. The Requested Zoning is "SF -1A" Single Family Residential District. SPIN Neighborhood No. 5. PUBLIC HEARING Richard Schell presented Item No. 9, ZA13 -043. Commissioner Springer confirmed that the applicant was putting in the water line but is not required to put in the fire hydrant. Mr. Schell stated that is correct, however, a fire hydrant is shown on the plan. Commissioner Kubiak confirmed that these were the exact conditions that were placed on the other lots along the private road. Mr. Schell stated yes. Planning and Zoning Commission Meeting Minutes —June 6, 2013 Page 5 of 10 Brian Reed with M Christopher Homes located at 630 Oakmont Court in Fairview came forward. Chairman Hudson asked Mr. Reed to confirm the agreement regarding the water line and fire hydrant. Mr. Reed was unable to confirm. However, an agreement was in place with Staff. Chairman Hudson addressed the issue of having a hammer head turn around for fire trucks. Mr. Reed stated that the fire truck access is already in place with the plans. Commissioner Parrish asked which option would be most preferred. Mr. Reed stated option A. Commissioner Fairchild asked if the owner has spoken with the neighbors. Mr. Reed stated yes and it was his understanding that they have the full support of all the surrounding neighbors. Chairman Hudson asked about the placement of the house. Mr. Reed stated that the placement of the house is based on saving as many trees as possible. Commissioner Fairchild asked about the waterline and whether or not it loops or is a dead end. Alex Ayala with Public Works stated that there will be a blow off valve so that operations can flush it out. Chairman Hudson opened the public hearing. Josh Shatley, 1846 Our Lane, Southlake came forward to speak in opposition. Mr. Shatley stated that the road is in need of repair, there is no hammer head turn around on the road and all asphalt is running out. Mr. Shatley continued to state that all repairs have been done by him and no one else. Commissioner Fairchild asked Mr. Shatley to point out his property an what properties are services by Our Lane. Mr. Shatley showed the Commission all the property that he owns and continued to point out who lives where and who is serviced by Our Lane. Mr. Shatley also pointed out the easements and existing water valves. Planning and Zoning Commission Meeting Minutes —June 6, 2013 Page 6 of 10 Commissioner Fairchild asked if Mr. Shatley had been approached by the applicant regarding this case. Mr. Shatley stated no. Commissioner Fairchild asked if there was an easement agreement. Mr. Shatley stated no. Commissioner Kubiak clarified that Mr. Shatley is in opposition of any development along Our Lane until the residents get some assistance with the road. Commissioner Springer expressed concern that the 8" water line will be run down the street which will tear up the road even more. Commissioner Fairchild is concerned that there is no legal instrument regarding easements. Commissioner Kubiak asked Staff for a better understanding what has been approved regarding the 8" line. Richard Schell stated that easement along the east side is a roadway easement that is located on the Spencer property. No other instruments were found regarding Our Lane. Chairman Hudson asked Mr. Shatley asked if he knew who owned the road. Mr. Shatley stated everyone owns to the middle of the road and on the dead of trust there is a 30 -ft. center from the property line out going north and south. Commissioner Fairchild and Chairman Hudson asked for clarification regarding anything being stated about the easement. Mr. Shatley was unable to recall. Chairman Hudson clarified with Mr. Shatley that is opposition is not with the house, just the condition of the road. Chairman Hudson closed the public hearing. Mr. Reed came forward. Mr. Reed stated that with option A, a hammer head turnaround would be possible. Regarding the road maintenance, the applicant would be willing to assist with the maintenance. Commissioner Fairchild asked what instrument Mr. Reed was relying on to place the water line. Mr. Reed was unable to answer. However, the applicant is willing to do what the City asks regarding the water line. Planning and Zoning Commission Meeting Minutes -June 6, 2013 Page 7 of 10 Commissioner Fairchild asked what Mr. Reed planned to do with the road once the road is torn up placing the water line. Mr. Reed stated that he is unable to answer that fully. Commissioner asked if Mr. Reed would be willing to go back and speak with the surrounding neighbors regarding this development. Chairman Hudson agreed. Mr. Reed asked the Commission to table ZA13 -043 until the July 18, 2013 meeting. Motion to table ZA13 -043 per the applicant's request to the July 18, 2013 Planning and Zoning Commission Meeting. Motion: Parrish Second: Springer Ayes: Forman, Fairchild, Hudson, Springer, Parrish and Kubiak Nays: None Abstain: None Approved: 6 -0 -0 Agenda Item No. 10 - ZA13 -049, Site Plan for Del Frisco's Grille on property being described as Lot 3, Block 1R, Southlake Town Square Addition, City of Southlake, Tarrant County, Texas and located at 140 State St., Southlake, TX. The current zoning is "DT" Downtown District. SPIN Neighborhood No. 8. PUBLIC HEARING Richard Schell presented Item 10, ZA13 -049. Frank Bliss with Town Square Management located at 1256 Main Street, Suite 244 in Southlake came forward. Mr. Bliss gave a brief power pointe presentation. Jim Kirpatrick with Del Frisco's came forward. Mr. Kirpatrick added to Mr. Bliss' presentation. Both presentations showed material, elevations and pedestrian friendly features. Chairman Hudson asked about the west side during 5pm — 8pm when the sun is coming down. Mr. Bliss stated that there will be landscaping planted to assist in that. Chairman Hudson asked about the grade of the patio to the sidewalk. Dennis Killough stated 2 ft. — 3 ft. Commissioner Fairchild asked about direct access from the sidewalk. Mr. Bliss stated no. The access points are at the front door. If the variance is approved Planning and Zoning Commission Meeting Minutes —June 6, 2013 Page 8 of 10 to move the building to allow the sidewalk, then a secondary access would be there. Chairman Hudson opened and closed the public hearing. Commissioner Fairchild mentioned the north elevation and expressed concern regarding the valet. Mr. Bliss stated that the north elevation has not been fully developed but the landscaping with trees will break up the island and an additional entry is being requested so that the valet can move more smoothly without so much turn around. Commissioner Fairchild asked about which elevation the garbage comes out. Mr. Bliss stated the east side. Commissioner Kubiak asked what Mr. Bliss envisions regarding foot traffic. Mr. Bliss gave a brief history of Town Square and how the current foot traffic developed. This current addition will be a cornerstone that will increase the foot traffic and tie together The Shops. Motion to approve ZA13 -049, with requested variances; 1) Allow an impervious outdoor patio area and associated structures to be located within the thirty-two (32) foot setback area along S. Carroll Avenue as shown on the proposed site plan; and 2) Allow impervious parking spaces to be located within the thirty-two (32) foot setback area along S. Carroll Avenue as shown on the proposed site plan; and 3) Allow encroachment of the patio along Southlake Boulevard to encroach into the buffer yard up to 8 -ft. Subject to Staff Report dated June 6, 2013 with any recommendation for approval of the proposed variances are subject to receiving final City Council approval of the amendment to the City of Southlake Zoning Ordinance No. 480 -0000. Motion: Parrish Second: Springer Ayes: Forman, Fairchild, Hudson, Springer, Parrish and Kubiak Nays: None Abstain: None Approved: 6 -0 -0 Agenda Item No. 12 - ZA13 -059, Specific Use Permit for a temporary construction trailer for K. Hovanian Homes on property being described as Lot 1, Block 17, Carillon Phase 2A -2, an addition to the City of Southlake, Tarrant County, Texas and located at 1601 Riviera Ln., Southlake TX. The Current Zoning is "ECZ" Employment Center Zoning District. SPIN Neighborhood No. 3. PUBLIC HEARING Shane Summers with K Hovanian Homes located at 5808 W Plano Pkwy in Plano, Texas came forward. Mr. Summers stated that this will be a construction trailer only. Planning and Zoning Commission Meeting Minutes -June 6, 2013 Page 9 of 10 Commissioner Fairchild verified that no tools will be stored there and no overnight stay. Mr. Summers agreed. Commissioner Fairchild asked about ADA requirements. Mr. Summer stated that someone with a handicap will have to use the street and /or alley to the sidewalk. Commissioner Springer verified that it will be landscaped and kept up. Mr. Summer agreed. Chairman Hudson opened and closed the public hearing. Motion to approve ZA13 -059 for a 2 year period from the permit issuance and subject to Site Plan Review Summary No. 2, dated June 6, 2013 and Staff Report dated June 6, 2013. Motion: Parrish Second: Forman Ayes: Forman, Fairchild, Hudson, Springer, Parrish and Kubiak Nays: None Abstain: None Approved: 6 -0 -0 Agenda Item No. 13 — Meeting Adjournment at 8:31 p • 1 (i Ro.ert Hug on ATTEST: Chairman Mt-12/ i Ho v :lake Commission Secretary Planning and Zoning Commission Meeting Minutes -June 6, 2013 Page 10 of 10