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2002-03-21 P&Z Meeting1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 REGULAR PLANNING AND ZONING COMMISSION MEETING March 21, 2002 COMMISSIONERS PRESENT: Chairman Jim Murphy, Vice Chairman John Terrell; and Commissioners, Pamela Muller, Jim Jones, and Darrell Faglie. COMMISSIONERS ABSENT: Vernon Stansell, Bret Boren CITY STAFF PRESENT: Bruce Payne, Director of Planning; Dennis Killough, Senior Planner; Angela Turner, Graduate Engineer; and Lorrie Fletcher, Administrative Secretary. Chairman Murphy called the meeting to order at 6:30 p.m. AGENDA ITEM 4/2, APPROVAL OF MINUTES: Chairman Murphy opened discussion of the minutes of the Planning and Zoning Commission meeting held on March 7, 2002. Commissioner Muller commented on clarifying her vote regarding the Master Thoroughfare Plan. Lorrie Fletcher noted her comment and agreed to make the correction. Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on March 7, 2002, as revised. Motion: Muller Second: Jones Ayes: Muller, Jones, Faglie, Murphy Nays: None Abstain: Terrell Approved: 4-0-1 Motion carried. AGENDA ITEM # 3, ADMINISTRATIVE COMMENTS: Bruce Payne requested the "PRN" Discussion be postponed until April 4, 2002, due to the heavy agenda of tonlght~s meeting. Also, the Applicant for item # 5, ZA01-142, Specific Use Permit for Little Italy, has requested to table until April 4, 2002. DISCUSSION AGENDA ITEM # 13, ZONING ORDINANCE 480-MM, "PRN" PLANNED Planning and Zoning Commission Meeting Minutes on March 21, 2002 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESIDENTIAL NEIGHBORHOOD DISTRICT: Motion was made to table the discussion item for Zoning Ordinance 480-MM, "PRN" Planned Residential Neighborhood District until April 4, 2002. Motion: Terrell Second: Faglie Ayes: Jones, Faglie, Terrell, Murphy Nays: Muller Approved: 4-1 Motion to table carried. AGENDA ITEM # 5, ZA01-142, SPECIFIC USE PERMIT FOR LITTLE ITALY - SOUTHLAKE TOWN SQUARE: Motion was made to table ZA01-142, Specific Use Permit for Little Italy- Southlake Town Square until April 4, 2002. Motion: Jones Second: Ten:ell Ayes: Faglie, Terrell, Muller, Jones, Murphy Nays: None Approved: 5-0 Motion to table carried. AGENDA ITEM # 4, ZA02-029, LOT 7R, BLOCK 3, CAMBRIDGE PLACE, PHASE I: Senior Planner Dennis Killough presented this item to the Commission for a request to allow a reduction in the building setback line along a side street of a corner lot. The required setback is 35' the requested setback is 15'. This property is located at the northwest corner of Westminster Way and Ponderosa Way, at 804 Westminster Way. The Current Zoning is "SF-20A" Single Family Rcsidential District. SPIN Neighborhood # 8. The Owner/Applicant is Pence Enterprises, Inc. Steve Pence, PO Box 211626, Bec~[brd, TX, presented this item to the Commission. Chairman Murphy called for discussion from the Commissioners. Motion was made to approve ZA02-029 subject to Plat Review Summary No. 1, dated March 15, 2002. Motion: Muller Sccond: Jones Planning and Zoning Commission Meeting Minutes on March 21, 2002 2 1 2 3 4 5 6 7 Ayes: Muller, Jones, Faglie, Terrell, Murphy Nays: None Approved: 5-0 Motion carried. AGENDA ITEM # 6, ZA02-015, SiTE PLAN FOR SUMMIT AVENUE SAME DAY SURGERY: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Senior Planner Dennis Killough presented this item to the Commission for a site plan for Summit Avenue Same Day Surgery- Southlake Town Square, Phase 111, Block 23, located on the north side of East Southlake Boulevard (FM 1709), approximately 600' east of Central Avenue. The Current Zoning is "NR-PUD" Non-Residential Planned Unit Development District. SPIN Neighborhood # 8. The Owner is BW Commercial. The Applicant is Larsen Dye Associates Architects. Chairman Murphy called for the Applicant...the Applicant was not present. The Commission agreed to hear this item at the end of the agenda to give the Applicant a chance to arrive. AGENDA ITEM # 7, ZA02-016, ZONING CHANGE AND CONCEPT PLAN - ST. JOHN BAPTIST CHURCH: Senior Planner Dennis Killough presented this item to the Commission for a zoning change and concept plan for St. John Baptist Church, being approximately 10 acres of land located on the southwest comer of Crooked Lane and S. Kimball Avenue extension. The Current Zoning is "I-1" Light Industrial District. The Requested Zoning is "CS" Community Service District. SPIN Neighborhood # 7. The Owner is James Lunsford, trustee. The Applicants are St. John Baptist Church and Sun Coast Architects, Inc. F. C. Lei/tier, Sun Coast Architects, presented this item to the Commission. Chairman Murphy opened the public hearing (Planning and Zoning Commission meeting, 03-21-02, CD 1, 6:59:16 p.m.) Naomi Cornelius, 702 Manchester Ct. spoke in favor of the church. Kevin Leaverton, 800 Westminster Way, commented on the variance approved for ZA02-029. He spoke in favor of the church. Chaim~an Murphy closed the public hearing (Planning and Zoning Commission meeting, 03-21-02, CD 1, 7:03:11 p.m.) Chairman Murphy called for discussion from the Commissioners. Motion was made to approve ZA02-016 subject to Concept Plan Review Summary No. 2, dated March 15, 2002. Planning and Zoning Commission Meeting Minutes on March 21, 2002 3 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Motion: Muller 2 Second: Jones 3 Ayes: Terrell, Muller, Jones, Faglie, Murphy 4 Nays: None 5 Approved: 5-0 Motion carried. AGENDA ITEM # 8, ZA02-025, ZONING CHANGE FOR TRACTS iN THE H. DECKER SURVEY AND THE BRUMLOW INDUSTRIAL DISTRICT. Senior Planner Dennis Killough presented this item to the Commission for a zoning change on approximately 31 acres of land located on the northwest comer of State Highway 26 and Mustang Drive. The Current Zoning is "AG" Agricultural District and "I-2" Heavy Industrial District. The Rcquested Zoning is "I-1" Light Industrial District. SPIN Neighborhood # 7. The Owner is Joe L. Wright. The Applicant is Wright Development Co. Commissioner Faglie excused himself from this item in view of the fact that he is employed by Wright Construction. Martin Schilling, Wright Development Co., presented this item to the Commission. Chairman Murphy opened the public hearing (Planning and Zoning Commission meeting, 03-21-02, CD 1, 7:11:42 p.m.) DavidFerguson, 1236 Timberline Court, stated he was undecided since there wasn't a site plan yet for what was going in. He was concerned about the bufferyard and the possibility of increased traffic. Chris Smith, 1500 Oak Lane, called for a point of order...he spoke about residential adjacency and its relation to this case as well as agenda item # 11,480-NN. He suggested postponing the vote on this item until item # 11,480-NN, was heard. Chairman Murphy closed the public hearing (Planning and Zoning Commission meeting, 03-21-02, CD 1, 7:17:50 p.m.) Chairman Murphy called for discussion from the Commissioners. Motion was made to approve ZA02-025. Motion: Terrell Second: Muller Ayes: Muller, Jones, Terrell, Murphy Nays: None Approved: 4-0 Planning and Zoning Commission Meeting Minutes on March 21, 2002 4 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Motion carried. AGENDA ITEM # 9, ZA02-026, SPECIFIC USE PERMIT FOR ART 1N THE SQUARE - Special Events: Senior Planner Dennis Killough presented this item to the Commission for a specific use permit on property described as Southlake Town Square, Phase 1, and being 42.013 acres located on the northeast comer of the intersection of North Carroll Avenue and East Southlake Boulevard (FM 1709). The Current Zoning is "NR-PUD" Non-Residential Planned Unit Development District to include "C-3" General Commercial District uses. SPIN Neighborhood # 8. The Owner is The City of Southlake. The Applicants are Southlake Town Square and Southlake Women's Club. Mr. Killough requested that the Special Events of Art in the Square and the Specific Use Permit for the sale of alcoholic beverages be considered an annual event without needing approval unless changes are made to what is presented and approved tonight. The Commission agreed to this waiver. Nancy Hormann, Southlake Town Square & Sherri Whirr, Southlake Women's Club, presented this item to the Commission. Chairman Murphy opened the public hearing (Planning and Zoning Commission meeting, 03-21-02, CD 1, 7:28:31 p.m.) No one in the audience came forward to speak. Chairman Murphy closed the public hearing (Planning and Zoning Commission meeting, 03-21-02, CD I, 7:28:38 p.m.) Chairman Murphy called for discussion from the Commissioners. Motion was made to approve ZA02-026. Motion: Terrell Second: Jones Ayes: Jones, Faglie, Terrell, Muller, Murphy Nays: None Approved: 5-0 Motion carried. AGENDA ITEM # 10, ZA02-027, SPECIFIC USE PERMIT FOR ART IN THE SQUARE: 41 Scnior Planner Dennis Killough presented this item to the Commission for a specific use permit for 42 the sale of alcoholic beverages during the Special Events of Art in the Square on property described 43 as Southlake Town Square, Phase I, and being 42.013 acres located on the northeast comer of the Planning and Zoning Commission Meeting Minutes on March 21, 2002 5 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 intersection of North Carroll Avenue and East Southlake Boulevard (FM 1709). The Current Zoning is "NR-PUD" Non-Residential Planned Unit Development District to include "C-3" General Commercial District uses. SPIN Neighborhood # 8. The Owner is The City of Southlake. The Applicants are Southlake Town Square and Southlake Women's Club. Chairman Murphy opened the public hearing (Planning and Zoning Commission meeting, 03-21-02, CD 1, 7:31:25 p.m.) No one in the audience came forward to speak. Chairman Murphy closed the public hearing (Planning and Zoning Commission meeting, 03-21-02, CD 1, 7:31:32 p.m.) Chairman Murphy called for discussion from the Commissioners. Motion was made to approve ZA02-027. Motion: Jones Second: Muller Ayes: Faglie, Terrell, Muller, Jones, Murphy Nays: None Approved: 5-0 Motion carried. Chairman Murphy called for a break (7:32:14 p.m.) Chairman Murphy called the meeting back to order (7:42:57 p.m.) AGENDA ITEM # 11, ZONING ORDINANCE 480-NN, AMENDMENT TO THE COMPREHENSIVE ZONING ORDiNANCE NO. 480, as amended, Sections 29 "MH - Manufactured Housing" district, Section 34 "Accessory Uses" and Section 44 "Board of Adjustments": Senior Planner Dennis Killough presented this item to the Commission. David McMahan, Four Peaks Development, presented this item to the Commission. Chairman Murphy opened the public hearing (Planning and Zoning Commission meeting, 03-21-02, CD 1, 7:57:25 p.m.) Chairman Murphy read the following names offofthe registration cards of those who did not wish to speak on this item but wanted their position recorded: Planning and Zoning Commission Meeting Minutes on March 21, 2002 6 Joan Fleming, 2003 Morgan Rd., Southlake, TXis opposed. 2 Amber Foreman, 1755 Sleepy Hollow, Southlake, TX is opposed. 3 4 The following people spoke: 5 6 Max Cannon, 1606 Regal Oaks, Southlake, TXspoke in favor. 7 Wto,ne Lee, 1601 Regal Oa!c~', Southlake, TXspoke in favor. 8 Cathr Foreman, 1755 Sleepy Hollow, Southlake, TXspoke in opposition. 9 3anet Sh~ff; 1605 Forest Vista Court, Southlake, TXspoke in opposition. 10 7~ V~ Glosser, 1800 Sleep), Hollow, Southlake, TX spoke in opposition. I 1 Keith Wiersum, 1310 Sleepy Hollow, Southlake, TXspoke in opposition. 12 Chris Smith, 1500 Oak Lane, Southlake, TX spoke in opposition. 13 RichardSandow, 1750 Sleepy Hollow, Southlake, TXspoke in opposition. 14 James,4ghayere, 1770 Sleepy Hollow, Southlake, TXspoke in opposition. 15 Steven Kettering, 1505 Oak Lane, Southlake, TX spoke in opposition. 16 David MeMahan, Four Peaks Development, commented on misinformation regarding his request. 17 He demonstrated city tax increases for site built homes. 18 19 damesAghayere, 1770 Sleepy Hollow, Southlake, TX commented on David McMahan's statement, 20 saying his issue was the regulating of what can go in without a "PUD" Planned Unit Development. 21 22 Wayne Lee, 1601 Regal Oaks, Southlake, TX continued his support for this amendment request. 23 24 David Ferguson, 1236 Timberline Court, Southlake, TXcommented on future problems this 25 amendment could cause. He said he would like to see Southlake remain a "melting pot". 26 27 Terry Walter, 907 Westminster Way, Southlake, TXasked for clarification of the request...she spoke 28 in opposition. 2O 30 ttobert Brown, 1612 Regal Oaks, Southlake, TXspoke in favor. 31 32 RiehardSandow, 1750 Sleepy Hollow, Southlake, TX continued to speak in opposition. 33 Planning and Zoning Commission Meeting Minutes on March 21, 2002 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Steven Kettering, 1505 Oak Lane, Southlake, T,V clarified his concern for the ordinance being too open ended. Chris Smith, 1500 Oak Lane, Southlake, TX reiterated his opposition. dame.s' Aghayere, 1770 Sleepy Hollow, Southlake, TXstated he is not in opposition to the concept, only to the lack of restrictions. David McMahan, Four Peaks Development, answered Vice Chairman John Terrell's suggestion to add restrictions. Mr. McMahan stated he was not willing to postpone this action. Max Cannon, 1606 Regal Oa/cs', Southlake, TXcommented, as a builder, on what these homes would sell lbr and the advantages to the city. Chairman Murphy closed the public hearing (Planning and Zoning Commission meeting, 03-21-02, CD 1, 9:05:25 p.m.) Chairman Murphy called for discussion from the Commissioners. Motion was made to approve ZONING ORDINANCE 480-NN, incorporating staff rccommendations under (5. f.) and (5. h.), Attachment A, Page 2. Motion: Jones Second: Faglie Ayes: Terrell, Jones, Faglie, Murphy Nays: Muller Approved: 4-1 Motion carried. AGENDA ITEM # 12, ZONING ORDINANCE 480-00, AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, as amended, Section 40 "Development 33 Plans and Site Plans: 34 Senior Planner Dennis Killough presented this item to the Commission. 35 36 Chairman Murphy opened the public hearing 37 (Planning and Zoning Commission meeting, 03-21-02, CD 1, 9:36 p.m.) 38 39 No one in the audience came forward to speak. 40 41 Chairman Murphy closed the public hearing 42 (Planning and Zoning Commission meeting, 03-21-02, CD 1, 9:36:08 p.m.) 43 Planning and Zoning Commission Meeting Minutes on March 21, 2002 8 1 2 3 4 5 6 7 8 9 10 11 12 13 Chairman Murphy called for discussion from the Commissioners. Motion was made to approve ZONING ORDINANCE 480-00. Motion: Muller Second: Jones Ayes: Muller, Jones, Faglie, Terrell, Murphy Nays: None Approved: 5-0 Motion carried. AGENDA iTEM # 6, ZA02-015 SITE PLAN FOR SUMMIT AVENUE SAME DAY SURGERY: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 35 36 37 38 39 40 43 44 45 46 Motion was made to table ZA02-015, Site Plan for Summit Avenue Same Day Surgery, until April 4, 2002, due to the absence of the Applicant. Motion: Terrell Second: Muller Ayes: Faglie, Terrell, Muller, Jones, Murphy Nays: None Approved: 5-0 Motion carried. AGENDA ITEM # 14, MEETING ADJOURNMENT: Chairman Murphy adjourned the meeting at 9:37:45 p.m. on March 21, 2002. ATTEST: I,orrie Fletcher Administrative Secretary N \Community Dcvelopmen~\Wp4q LE S\MTG\M IN~,2002\03-214)2.DOC Planning and Zoning Commission Meeting Minutes on March 21, 2002 9