2014-01-23 P&Z MeetingCITY OF
SOUTHLAKE
TEXAS
PLANNING AND ZONING COMMISSION MEETING: JANUARY 23 2014
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. Adjournment.
REGULAR SESSION: 6:30 P.M. or immediately following the Planning and Zoning
Commission work session.
1. Call to Order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071. Refer to posted list attached hereto
and incorporated herein. Executive Session may be held, under these
exceptions, at the end of the Regular Session or at any time during the
meeting that a need arises for the Plannina and Zoning Commission to
seek advice from the City Attorney as to the posted sub'ect matter of this
Plannina 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 January 9, 2014.
4. Administrative Comments.
Planning & Zoning Commission Agenda
January 23, 2014
Page 1 of 4
CITY OF
SOUTH LAKE
TEXAS
REGULAR AGENDA:
5. Consider: Ordinance 1082 (CP13-009), Land Use Plan Amendment from Low
Density Residential to Medium Density Residential for Remington Estates on
property being described as Lot 1, Greg's Country Acres Addition, and Tracts
2A2 and 2A1 of the S. Freeman Survey Abstract No. 525, City of Southlake,
Tarrant County, Texas, located at 395, 405 and 413 Shady Lane, Southlake,
Texas. Current Zoning: "AG" Agricultural District and "SF -1A" Single Family
Residential District. Proposed Zoning: "R -PUD" Residential Planned Unit
Development District. SPIN Neighborhood #4. PUBLIC HEARING
6. Consider: Ordinance No. 480-656 (ZA13-134), Zoning Change and Development
Plan for Remington Estates on property being described as Lot 1, Greg's Country
Acres Addition, and Tracts 2A2 and 2A1 of the S. Freeman Survey Abstract No.
525, City of Southlake, Tarrant County, Texas, located at 395, 405 and 413
Shady Lane, Southlake, Texas. Current Zoning: "AG" Agricultural District and
"SFAX Single Family Residential District. Proposed Zoning: "R -PUD"
Residential Planned Unit Development District. SPIN Neighborhood #4. PUBLIC
HEARING
7. Consider: ZA13-140, Preliminary Plat for Remington Estates on property being
described asLot 1, Greg's Country Addition and Tracts 2A02 and 2A01 of the S.
Freeman Survey Abstract No. 525, an addition to the City of Southlake, Tarrant
County, Texas and located at 395, 405, and 413 Shady Lane. Current Zoning:
"AG" Agricultural and "SF -1A" Single Family Residential District. Requested
Zoning; "R -PUD" Residential Planned Unit Development. SPIN Neighborhood #4.
PUBLIC HEARING
8. Consider. Ordinance No. 480-657 (ZA13-135), Zoning Change and Concept/Site
Plan for Kimball Park on property described as Tracts 3A1A and 3A2A, Thomas
Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and
located at 400 and 470 N. Kimball Ave., Southlake, Texas. Current Zoning: S -P-2
Generalized Site Plan District. Proposed Zoning: S -P-2 Generalized Site Plan
District. SPIN Neighborhood # 4. PUBLIC HEARING
9. Consider: ZA13-136, Preliminary Plat for Kimball Park on property described as
Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of
Southlake, Tarrant County, Texas and located at 400 and 470 N. Kimball Ave.,
Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District.
Proposed Zoning: "S -P-2" Generalized Site Plan District. SPIN Neighborhood #4.
PUBLIC HEARING
Planning & Zoning Commission Agenda
January 23, 2014
Page 2 of 4
CITY OF
SOUTHLAKE
TEXAS
10. Consider: Ordinance 1084, (CP13-010) Land Use Plan Amendment from Low
Density Residential to Medium Density Residential and a Text Amendment to
write in a site specific recommendation to allow an assisted living facility for
Harborchase of Southlake on property described as Lot 2, Block 1, Owens
Addition, an addition to the City of Southlake, Tarrant County, Texas and located
at 250 Shady Oaks Dr., Southlake, Tarrant County, Texas. Current Zoning: "AG"
Agricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN
Neighborhood #6. PUBLIC HEARING
11. Consider: Ordinance No. 480-658 (ZA13-138) Zoning Change and Site Plan for
Harborchase of Southlake on property described as Lot 2, Block 1, Owens
Addition, an addition to the City of Southlake, Tarrant County, Texas and located
at 250 Shady Oaks Dr., Southlake, Tarrant County, Texas. Current Zoning: "AG"
Agricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN
Neighborhood #6. PUBLIC HEARING
12. Consider: ZA13-141, Site Plan for Apeizza a Vino on property being described as
Lot 3, Block 1, Cornerstone Plaza, an addition to the City of Southlake, Tarrant
County, Texas and located at 2757 East Southlake Boulevard, Southlake, Texas.
Current Zoning: "S -P-2" Generalized Site Plan District. SPIN Neighborhood # 8.
PUBLIC HEARING
13. Consider: Resolution No. 14-002 (ZA13-145), Specific Use Permit for a Mass
Gathering Event known as the Gateway Church Fail Festival on property being
described as Lot 1, Block 1, Gateway Church - 114 Campus, an addition to the
City of Southlake, Tarrant County, Texas and located at 700 Blessed Way,
Southlake, Texas. Current Zoning: "NR -PUD" Non -Residential Planned Unit
Development District. SPIN Neighborhood # 3. PUBLIC HEARING
14. 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, January 17, 2094,
by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551.
0
Traci Riggs, TRMC
Deputy City Secretary
Planning & Zoning Commission Agenda
January 23, 2014
Page 3 of 4
lugCITY OF
SOUTHLAIKE
TEXAS
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
January 23, 2014
Page 4 of 4
41 CITY OF
SOUTHLAKE
TEXAS
REGULAR PLANNING AND ZONING COMMISSION MEETING JANUARY 23, 2014
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: Robert Hudson, Michael Forman, Michael Springer,
Kate Smith and Daniel Kubiak.
STAFF PRESENT: Deputy Director of Planning and Development Services, Dennis
Killough; Principal Planner, Richard Schell; Planner I, Patty Moos; Civil Engineer, Alex
Ayala; Civil Engineer, Steven Anderson and Commission Secretary, Holly Blake
WORK SESSION:
Item No. 1 — Call to Order: Chairman Hudson called the work session to order at 5:45
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
6:30 p.m.
Regular Session:
Agenda Item No. 1 — Call to Order: Chairman Hudson called the meeting to order at 6:36
p.m.
Agenda Item No. 2 — Executive Session: There was no 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:
Motion to approve the minutes dated January 9, 2014.
Planning and Zoning Commission Meeting Minutes — January 23, 2014
Page 1 of 8
Motion: Forman
Second: Kubiak
Ayes: Forman, Springer, Kubiak and Hudson
Nays: None
Abstain: Smith
Approved: 4 -0 -1
Agenda Item No. 4 — Administrative Comments. Dennis Killough announced the 2030
Sustainability Committee Meeting for January 29, 2014.
REGULAR AGENDA:
Agenda Item No. 8: Ordinance No. 480 -657 (ZA13 -135), Zoning Change and
Concept/Site Plan for Kimball Park on property described as Tracts 3A1A and 3A2A,
Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas
and located at 400 and 470 N. Kimball Ave., Southlake, Texas. Current Zoning: S -P -2
Generalized Site Plan District. Proposed Zoning: S -P -2 Generalized Site Plan District.
SPIN Neighborhood # 4.
Motion to table Ordinance No. 480 -657 (ZA13 -135) and ZA13 -136 to the February 6,
2014 regular Planning and Zoning Commission Meeting per the applicant.
Motion: Forman
Second: Smith
Ayes: Forman, Kubiak, Springer, Smith and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Agenda Item No. 9: ZA13 -136, Preliminary Plat for Kimball Park on property
described as Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of
Southlake, Tarrant County, Texas and located at 400 and 470 N. Kimball Ave.,
Southlake, Texas. Current Zoning: "S -P -2" Generalized Site Plan District. Proposed
Zoning: "S -P -2" Generalized Site Plan District. SPIN Neighborhood #4.
Motion to table Ordinance No. 480 -657 (ZA13 -135) and ZA13 -136 to the February 6,
2014 regular Planning and Zoning Commission Meeting per the applicant.
Motion: Forman
Second: Smith
Ayes: Forman, Kubiak, Springer, Smith and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Agenda Item No. 13: Resolution No. 14 -002 (ZA13 -145), Specific Use Permit for a
Mass Gathering Event known as the Gateway Church Fall Festival on property
Planning and Zoning Commission Meeting Minutes — January 23, 2014
Page 2 of 8
being described as Lot 1, Block 1, Gateway Church - 114 Campus, an addition to the
City of Southlake, Tarrant County, Texas and located at 700 Blessed Way, Southlake,
Texas. Current Zoning: "NR -PUD" Non - Residential Planned Unit Development District.
SPIN Neighborhood # 3.
Planner I, Patty Moos presented Item No. 13.
Doug Slater with Gateway Church located at 500 N. Nolen Drive came forward. Mr.
Slater did not have a separate presentation but did explain their request for perpetuity.
Chairman Hudson opened and closed the public hearing.
The Commission discussed the time limit.
Motion to approve Resolution No. 14 -002 (ZA13 -145), with a five year approval.
Motion: Forman
Second: Smith
Ayes: Forman, Kubiak, Springer, Smith and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Agenda Item No. 12: ZA13 -141, Site Plan for Apeizza e Vino on property being
described as Lot 3, Block 1, Cornerstone Plaza, an addition to the City of Southlake,
Tarrant County, Texas and located at 2757 East Southlake Boulevard, Southlake,
Texas. Current Zoning: "S -P -2" Generalized Site Plan District. SPIN Neighborhood # 8.
Mr. Matthews stated that their address will not change as long as they continue to live
there. Their mailbox will be located on Shady Lane next to the entrance of the
subdivision.
Principal Planner, Richard Schell presented Item NO. 12.
The applicant is currently not present and Chairman Hudson asked that the
Commission come back to this item when the applicant is present.
Agenda Item No. 5: Ordinance 1082 (CP13 -009), Land Use Plan Amendment from
Low Density Residential to Medium Density Residential for Remington Estates on
property being described as Lot 1, Greg's Country Acres Addition, and Tracts 2A2 and
2A1 of the S. Freeman Survey Abstract No. 525, City of Southlake, Tarrant County,
Texas, located at 395, 405 and 413 Shady Lane, Southlake, Texas. Current Zoning:
"AG" Agricultural District and "SF -1A" Single Family Residential District. Proposed
Zoning: "R -PUD" Residential Planned Unit Development District. SPIN Neighborhood
#4.
Planner I, Patty Moos presented Items No. 5, 6 and 7 together.
Planning and Zoning Commission Meeting Minutes — January 23, 2014
Page 3 of 8
Curtis Young with Sage Group came forward to present the changes to the presentation
based on the comments from the previous meeting.
Chairman Hudson opened the public hearing.
Helen Clary, 415 Shady Lane came forward. Kay Absher, 410 Shady Lane came
forward. Susan Johnson, 839 Simmons came forward. Joseph Bonala, 1800 Barrington
in Roanoke came forward. Lloyd Satterfield, 2417 Greenbough. Kevin Middleton, 425
Shady Lane came forward. Mattox, 2504 Rolling Lane came forward. Hunter Haas, 616
Shady Lane came forward. Antonia Buban, 603 Shady Lane came forward. Fencing
along the neighboring land, drainage, traffic during construction and where they will be
entering, and traffic after construction with the added families, density. Another item that
came up was a possible entrance off of SH 114. The last concern was the possible
widening of Shady Lane which would cut into their property and take down trees.
Chairman Hudson closed the public hearing and asked the applicant to address the
issues brought up by the neighbors and residence.
Tom Matthews with Four Peaks Development came forward. Mr. Matthews explained
the intent of the detention pond to assist in drainage. He continued to address
construction traffic and stated that rules can go into place to assist that. In regards to
possibly widening Shady Lane, it is Mr. Matthews understanding after talks with City
Staff that there are no plans to widen Shady Lane. TXDOT will not allow an entrance
along SH 114.
Commissioner Smith and Chairman Hudson questioned Staffs review regarding
TXDOT's decision.
Mr. Young explained the "no access zone" as defined by TXDOT.
Chairman Hudson expressed concern about the density, especially along the northern
boundary.
Commissioner Kubiak mentioned the TIA on file and questioned how much of an
increase there will actually be.
Chairman Hudson and Commissioner Kubiak continued that the fencing needs to be
discussed between the applicant and the neighbors so that an agreement can be made.
Commissioner Forman is also concerned with the density but believes that this property
is limited. Can the northern boundary increase the density and make adjustments to the
southern boundary?
Commissioner Springer expressed that he liked the development and believes it will fit.
Motion to table Ordinance 1082 (CP13 -009), Ordinance 480 -656 (ZA13 -134) and ZA13-
140 to the February 6, 2014 Regular Planning and Zoning Commission Meeting per the
applicant's request.
Planning and Zoning Commission Meeting Minutes — January 23, 2014
Page 4 of 8
Motion: Forman
Second: Smith
Ayes: Forman, Kubiak, Springer, Smith and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Agenda Item No. 6: Ordinance No. 480 -656 (ZA13 -134), Zoning Change and
Development Plan for Remington Estates on property being described as Lot 1,
Greg's Country Acres Addition, and Tracts 2A2 and 2A1 of the S. Freeman Survey
Abstract No. 525, City of Southlake, Tarrant County, Texas, located at 395, 405 and
413 Shady Lane, Southlake, Texas. Current Zoning: "AG" Agricultural District and "SF-
1A" Single Family Residential District. Proposed Zoning: "R -PUD" Residential Planned
Unit Development District. SPIN Neighborhood #4.
Motion to table Ordinance 1082 (CP13 -009), Ordinance 480 -656 (ZA13 -134) and ZA13-
140 to the February 6, 2014 Regular Planning and Zoning Commission Meeting per the
applicant's request.
Motion: Forman
Second: Smith
Ayes: Forman, Kubiak, Springer, Smith and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Agenda Item No. 7: ZA13 -140, Preliminary Plat for Remington Estates on property
being described asLot 1, Greg's Country Addition and Tracts 2A02 and 2A01 of the S.
Freeman Survey Abstract No. 525, an addition to the City of Southlake, Tarrant County,
Texas and located at 395, 405, and 413 Shady Lane. Current Zoning: "AG" Agricultural
and "SF -1A" Single Family Residential District. Requested Zoning; "R -PUD" Residential
Planned Unit Development. SPIN Neighborhood #4.
Motion to table Ordinance 1082 (CP13 -009), Ordinance 480 -656 (ZA13 -134) and ZA13-
140 to the February 6, 2014 Regular Planning and Zoning Commission Meeting per the
applicant's request.
Motion: Forman
Second: Smith
Ayes: Forman, Kubiak, Springer, Smith and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Agenda Item No. 12 continued: The applicant, Joe DeBastiana with Apeizza's came
forward to answer questions.
Planning and Zoning Commission Meeting Minutes — January 23, 2014
Page 5 of 8
Chairman Hudson talked to the applicant about the color choice and recommended that
if the applicant moves forward another color may be a better choice.
Commissioner Kubiak asked about the height of the awning and believes something a
little higher with Tess of a slope would be more appropriate.
Commissioner Springer is concerned about the variance request regarding the masonry
columns and would like to see masonry on the post.
Chairman Hudson opened and closed the public hearing.
Motion to approve ZA13 -141 subject to Staff Report dated January 17, 2014 and
Revised Site Plan Review Summary No. 1, dated January 15, 2014 with the variance
requested; Zoning Ordinance No. 480, as amended, Section 43.c.1.e, Corridor Overlay
Zone, requires exposed columns to be constructed of or clad in the same masonry
material as the principal structure. The applicant is requesting a variance to allow the
support columns for the awning to be constructed of the same material as the existing
metal fencing around the patio to maintain consistency in the decor; And the applicant's
willingness to bring back other colors to City Council.
Motion: Forman
Second: Smith
Ayes: Forman, Kubiak, Smith and Hudson
Nays: Springer
Abstain: None
Approved: 4 -1 -0
Agenda Item No. 10: Ordinance 1084, (CP13 -010) Land Use Plan Amendment from
Low Density Residential to Medium Density Residential and a Text Amendment to
write in a site specific recommendation to allow an assisted living facility for
Harborchase of Southlake on property described as Lot 2, Block 1, Owens Addition,
an addition to the City of Southlake, Tarrant County, Texas and located at 250 Shady
Oaks Dr., Southlake, Tarrant County, Texas. Current Zoning: "AG" Agricultural District.
Proposed Zoning: "S -P -1" Detailed Site Plan District. SPIN Neighborhood #6.
Principal Planner, Richard Schell presented Items No. 10 and 11 together.
Tom Dwyer with Silverstone Healthcare Company located at 3710 Rawlins Street in
Dallas and Javier Jaramillo with Pacheco Koch Consulting located at 8350 N Central
Expressway in Dallas came forward. Mr. Dwyer gave a separate presentation and
explained the different uses of the facility.
Chairman Hudson and Commissioner Kubiak asked for more clarification regarding the
services.
Mr. Dwyer stated that this would be a full service facility with security and a full nursing
staff. For the memory care side, the services would be more intense based on needs. In
regards to those that are able will have transportation provided for them that would like
Planning and Zoning Commission Meeting Minutes — January 23, 2014
Page 6 of 8
to venture offsite such as to the Senior Center.
Commissioner Smith asked about the amenities that are provided for the residence.
Commissioner Smith also asked about employee count and parking.
Commissioner Forman made suggestions regarding the existing open space throughout
the site plan presented.
Chairman Hudson clarified that the site will be pedestrian friendly and open as shown
on the site plan and renderings.
Commissioner Springer asked about the geo thermal aspect.
Chairman Hudson opened the public hearing.
Jack Dawson, 800 W Southlake Blvd. came forward. Randy Stacey, 300 N Shady Oaks
Drive came forward. Rick Stacey, 1000 W Southlake Blvd. came forward. Rhonda and
Larry Highberger, 310 Shady Oaks Drive came forward. Dumpster location, noise and
smell to surrounding neighborhoods, type of use is against the Land Use Plan, traffic,
encroachment onto neighborhoods, commercial butting up to residential and the
density.
Chairman Hudson closed the public hearing and asked the applicant to come back
forward to address the issues.
Mr. Dwyer and Mr. Jaramillo came forward to address the issues that were brought up
by the surrounding residence. Mr. Dwyer clarified the number of beds. Mr. Jaramillo
stated that an 8 -ft. screening wall will be erected to help minimize the noise. There
should not be a traffic concern due to the fact that the majority of the residence will not
be able to drive and if they do they will be limited. The grounds should also serve as a
buffer to the surrounding residence. The dumpster can be relocated if necessary.
Commissioner Forman likes the open space and the building but is troubled with the
placement of the site. Commissioner Smith agreed.
Chairman Hudson would like to see the facility as a one -story versus a second -story.
Commissioner Kubiak referenced Glenmore Development and the density and what is
expected for this area.
Commissioner Smith suggested that the applicant communicate more with the
surrounding residence.
Motion to table Ordinance 1084 (CP13 -010) and Ordinance 480 -658 (ZA13 -138) to the
February 6, 2014 Regular Planning and Zoning Commission Meeting per the applicant.
Motion: Forman
Second: Smith
Planning and Zoning Commission Meeting Minutes — January 23, 2014
Page 7 of 8
Ayes: Forman, Kubiak, Springer, Smith and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Agenda Item No. 11: Ordinance No. 480 -658 (ZA13 -138) Zoning Change and Site
Plan for Harborchase of Southlake on property described as Lot 2, Block 1, Owens
Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 250
Shady Oaks Dr., Southlake, Tarrant County, Texas. Current Zoning: "AG" Agricultural
District. Proposed Zoning: "S -P -1" Detailed Site Plan District. SPIN Neighborhood #6.
Motion to table CP13 -004 and ZA13 -092 per the applicant to the Regular Planning and
Zoning Commission Meeting dated February 6, 2014.
Motion to table Ordinance 1084 (CP13 -010) and Ordinance 480 -658 (ZA13 -138) to the
February 6, 2014 Regular Planning and Zoning Commission Meeting per the applicant.
Motion: Forman_
Second: Smith
Ayes: Forman, Kubiak, Springer, Smith and Hudson
Nays: None
Abstain: None
Approved: 5 -0 -0
Agenda Item No. 14: Meeting Adjournment. Meeting adjourned at 0:16.
j
A ir
. ,A
• bert H • so
ATTEST: Chairman
L J �
Holly Blake
Commission Secretary
Planning and Zoning Commission Meeting Minutes — January 23, 2014
Page 8 of 8