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2015-05-21 P&Z MeetingCITY OF SOUTHLAKE TEXAS PLANNING AND ZONING COMMISSION MEETING: May 21, 2015 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 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 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. 3. Consider approval of the minutes for the Planning and Zoning Commission meeting held on May 7, 2015. 4. Administrative Comments. REGULAR AGENDA: Planning & Zoning Commission Agenda May 21, 2015 Page 1 of 3 CITY OF SOUTHLAKE TEXAS 5. Consider: Resolution No. 15-028, (ZA15-034) Specific Use Permit for a Telecommunications Tower, Antennas and Ancillary Buildings at 1604 Hart Street on property being described as Lot 4, Block A of the Hart Industrial Park Addition, an addition to the City of Southlake, Tarrant County, Texas located at 1604 Hart Street, Southlake, Texas. Current Zoning: 1-1" Light Industrial District. SPIN Neighborhood #8. PUBLIC HEARING 6. Consider: ZA15-044, Preliminary Plat for Shady Lane on property described as Tracts 5C1, 5E1, 5E and 5D2C, Samuel Freeman Survey, Abstract No. 525, City of Southlake, Tarrant County, Texas and located at 853, 909, 1001 and 1015 Shady Ln., Southlake, Texas. Current Zoning: "SF -1A° Single Family Residential District. SPIN Neighborhood #4. PUBLIC HEARING 7. Consider: Ordinance No. 480-696, (ZA15-046), Zoning Change and Concept Plan for 1961 E. Highland St. on property described as Tracts 2D and 2, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and located at 1961 and 1971 E. Highland St. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -2" Single Family Residential District. SPIN Neighborhood #4. PUBLIC HEARING 8. Consider: Ordinance No. 480-RRRR, an amendment to the City's Zoning Ordinance No. 480, as amended, to remove "Commercial school, including trade school" as a permitted use in the 1-1 Light Industrial District (Section 26) and add as a specific use in the Specific Use Permits section (Section 45) of the Ordinance. PUBLIC HEARING 9. Consider: Meeting Adjournment. A quorum of the City Council may be present at this meeting. CERTIFICATE hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, May 15, 2015, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. %A -� ��• •. City Secretary" � s% If you plan to attend this pubffapeeVr%,p1"d have a disability that requires special needs, please advise the City Secretary 41$"" Hours in advance at 817-748-8016, and reasonable accommodations will be made to assist you. Planning & Zoning Commission Agenda May 21, 2015 Page 2 of 3 CITY OF SOUTH LAI,E 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 May 21, 2015 Page 3 of 3 CITY OF SOUTHLAKE TEXAS REGULAR PLANNING AND ZONING COMMISSION MEETING MAY 21, 2015 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: Vice -Chairman D. Todd Parrish, Michael Springer, Kate Smith and Daniel Kubiak STAFF PRESENT: Deputy Director, Dennis Killough; Alex Ayala, Civil Engineer; Steven Anderson, Civil Engineer; Daniel Cortez, Principal Planner; Lorrie Fletcher, Planner I; and Holly Blake, Commission Secretary. WORK SESSION: Item No. 1 — Call to Order: Vice -Chairman Parrish called the work session to order at 6:10 pm. Item No. 2 — Recap of City Council's action and discussion on Planning and Zoning recommended cases. Item No. 3— Discussion of all items on tonight's meeting agenda. Item No. 4 - Overview of City Council approved Resolution No. 15-007, a resolution of the City of Southlake, Texas which approved the agreement, terms and conditions of a 380 agreement with SRH Hospitality Southlake Investment, LLC (WestinHotel) to promote economic development and stimulate business and commercial activity in the City. Item No. 5 — Adjournment. Vice -Chairman Parrish adjourned the work session at 6:50 pm. Regular Session: Agenda Item No. 1 — Call to Order: Vice -Chairman Parrish called the regular meeting to order at 6:52 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 Planning and Zoning Commission Meeting Minutes - May 21, 2015 Page 1 of 6 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 May 7, 2015 with correction to the vote count on Item No. 8, page 5. Motion: Kubiak Second: Springer Ayes: Kubiak, Springer and Parrish Nays: None Abstain: Smith Approved: 3-0-1 Agenda Item No. 4 — Administrative Comments. No Administrative comments. REGULAR AGENDA: Agenda Item No. 5: Resolution No. 15-028, (ZA15-034) Specific Use Permit for a Telecommunications Tower, Antennas and Ancillary Buildings at 1604 Hart Street on property being described as Lot 4, Block A of the Hart Industrial Park Addition, an addition to the City of Southlake, Tarrant County, Texas located at 1604 Hart Street, Southlake, Texas. Current Zoning: "I-1" Light Industrial District. SPIN Neighborhood #8. PUBLIC HEARING Daniel Cortez, Principal Planner, presented ZA15-034. Commissioner Kubiak asked about dropped calls that were noted in the Staff Report. Mr. Cortez stated that staff checked with Fire and Police to see if there were any issues with dropped calls and both departments stated no. Doug Henderson, 3602 Lake Champlain, Arlington came forward. Mr. Henderson spoke on signal coverage. The purpose of placing the tower is to get ahead of dropped calls, however the white circle represents low bar coverage. Vice -Chairman Parrish asked about security for the tower. Mr. Henderson stated that there would be a wooden fence with a lock. Commissioner Springer expressed concern that the wooden fence may not be enough. Planning and Zoning Commission Meeting Minutes —May 21, 2015 Page 2 of 6 Mr. Henderson stated that the unmanned shelter within the fenced area has steel doors and is locked. Mr. Henderson continued to state that they would prefer chain link fence because it leaves the area open and exposed. Commissioner Springer asked about the reason why the increase in dropped calls. Mr. Henderson stated that demand is increasing rapidly. Streaming video is eating up signal coverage more than predicted. Commissioner Smith asked about the existing tower. Mr. Henderson stated that the existing tower will not provide coverage on the western side. Commissioner Smith disagreed based on the bubble coverage shown and expressed concern about the variances being requested. Mr. Henderson explained the variances requested. Commissioner Springer asked about wind load. Mr. Henderson, the tower will meet ICC standards for wind load. Commissioner Springer asked about height. Mr. Henderson stated that the height gives better range and better transmitting power. Commissioner Kubiak stated that he has concern about the height and how it affects the surrounding neighborhood. Commissioner Kubiak added that why a more southerly site wouldn't be chosen. Mr. Henderson stated that they looked on the south end of Hart Street but it was not viable. Vice- Chairman Parrish opened the public hearing. Kelly Marcontell, 600 Garden Court filled out a comment card in opposition, but did not wish to speak. Ronnie Valdez, 1108 Tealwood Court, Southlake came forward to speak in opposition. Concerned about hazardous material and the proximity to the neighborhood. Brenton Evans, 1137 Tealwood Court, Southlake came forward to speak in opposition. Mr. Evans stated that the two towers overlap each other and is an eye sore. Michael Love, 5 Riviera, Trophy Club came forward to speak in opposition. Mr. Love is concerned about the property value and the sale of the remaining empty lots. The open space that was left was for the homeowner's recreation and not for cell towers. Planning and Zoning Commission Meeting Minutes —May 21, 2015 Page 3 of 6 Commissioner Springer asked if Mr. Love would be more receptive if it had a stealth pole. Mr. Love stated yes, but he believes it should be at the existing site or further south. Christopher Ducey, 1128 Tealwood Court, Southlake came forward in opposition. Mr. Ducey echoed all concerns. Vice -Chairman Parrish closed the public hearing. Mr. Henderson came forward to address all concerns. Vice- Chairman Parrish asked about the existing tower. Mr. Henderson stated that it was individually owned. Vice- Chairman Parrish doesn't understand the coverage from the existing tower and the need for an additional tower. Mr. Henderson stated that this was not a plot of coverage. The radio frequency engineers had informed him that it will not work off the existing tower. Commissioner Kubiak struggles with the height of the tower and the location of the tower. Mr. Henderson stated that the location is the only allowable space for the tower. Mr. Henderson continued to state that he was unable to get an agreement on the other properties to the south. Commissioner Springer suggested a CISD site. Motion to table ZA15-034 per the applicant's request to the June 4, 2015 Planning and Zoning Commission Regular meeting. Motion: Kubiak Second: Smith Ayes: Kubiak, Springer, Smith and Parrish Nays: None Abstain: None Approved: 4-0-0 Agenda Item No. 6: ZA15-044, Preliminary Plat for Shady Lane on property described as Tracts 5C1, 5E1, 5E and 5D2C, Samuel Freeman Survey, Abstract No. 525, City of Southlake, Tarrant County, Texas and located at 853, 909, 1001 and 1015 Shady Ln., Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. SPIN Neighborhood #4. PUBLIC HEARING Daniel Cortez, Principal Planner presented Item No. 6, ZA15-044. Planning and Zoning Commission Meeting Minutes —May 21, 2015 Page 4 of 6 Roger Hart, Area Surveying,6080 S Hulen, Fort Worth came forward to answer any questions. Commissioner Kubiak asked about how many driveways come out onto Shady Lane. Mr. Hart stated five. Vice -Chairman Parish opened and closed the public hearing. Motion to approve ZA15-044, as presented, noting the staff report dated May 15, 2015 and Plat Review Summary No. 1, dated May 15, 2015. Motion: Kubiak Second: Spinger Ayes: Kubiak, Springer, Smith and Parrish Nays: None Abstain: None Approved: 4-0-0 Agenda Item No. 7: Ordinance No. 480-696, (ZA15-046), Zoning Change and Concept Plan for 1961 E. Highland St. on property described as Tracts 2D and 2, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and located at 1961 and 1971 E. Highland St. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -2" Single Family Residential District. SPIN Neighborhood #4. PUBLIC HEARING Daniel Cortez, Principal Planner presented Item No. 7, ZA15-046. Commissioner Smith asked about the overhead lines. Tim O'Hare, 606 Heatherglen Drive, Southlake came forward. Mr. O'Hare stated that he has communicated with Tri County regarding the placement of the pole. Commissioner Springer asked about the existing pond. Mr. O'Hare stated that is a natural pond and we plan to keep it. Vice -Chairman Parrish opened and closed the public hearing. Motion to approve, ZA15-046, as presented, subject to the staff report dated May 15, 2015 and Concept Plan Review Summary No. 1, dated May 15, 2015. Motion: Kubiak Second: Smith Ayes: Kubiak, Springer, Smith and Parrish Planning and Zoning Commission Meeting Minutes -May 21, 2015 Page 5 of 6 Nays: None Abstain: None Approved: 4-0-0 Agenda Item No. 8: Ordinance No. 480-RRRR, an amendment to the City's Zoning Ordinance No. 480, as amended, to remove "Commercial school, including trade school" as a permitted use in the 1-1 Light Industrial District (Section 26) and add as a specific use in the Specific Use Permits section (Section 45) of the Ordinance. PUBLIC HEARING Daniel Cortez, Principal Planner presented Item No. 8, Ordinance No. 480-RRRR. Vice -Chairman Parrish opened the public hearing. Jerry Boyle, 3301 Westover Court, Grapevine came forward. Mr. Boyle expressed concern about existing uses and how this will affect it. Also, if an SUP is required, time is an issue regarding leasing space. Vice -Chairman Parrish stated that current uses are grandfathered in. However, if the tenant leaves, an SUP would be required. Unless there is an existing SUP that is tied to the lease. Dennis Killough added additional information explaining the change and the qualifications regarding an SUP. Vice -Chairman Parrish closed the public hearing. Motion to approve Ordinance No. 480-RRRR as presented. Motion: Kubiak Second: Smith Ayes: Kubiak, Springer, Smith and Parrish Nays: None Abstain: None Approved: 4-0-0 Agenda Item No. 9: Meeting adjourned at 8:33 pm. — Todd Parrish ATTEST: Vice - Chairman Holly Blake Commission Secretary Planning and Zoning Commission Meeting Minutes —May 21, 2015 Page 6 of 6