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1994-11-17 CITY OF SOUTHLAKE PLANNING AND ZONING COMMISSION MEETING NOVEMBER 17, 1994 MINUTES Commission Present: Chairman, Joe Wright; Members: Nick McGarity, Randy Arnold, James Murphy, Ernest Johnson, Lanny Tate and Arthur Hobbs. Commissioner Arnold arrived at the meeting just before Agenda Item #4 was presented. City Staff Present: Community Development Director, Greg Last; Planner, Tom Elgin; Zoning Administrator, Karen Gandy; City Engineer, Ron Harper; and Community Development Secretary, Bobbye Shire. The meeting was called to order by Chairman Wright at 7:30 p.m. Agenda Item #2, Approval of Minutes Motion was made to approve the Minutes of the November 3, 1994 Planning and Zoning Commission meeting. Motion: Johnson Second: McGarity Ayes: McGarity, Wright, Johnson, and Hobbs Nays: none Abstain: Tate, Murphy Approved: 4 -0 -2 Agenda Item #3, Administrative Comments Community Development Director, Greg Last, reminded the Commission that the second Sign Ordinance Workshop will be held on Wednesday, November 30th, at 7:00 p.m. He stated that revised redline /strike -out copies of the sign ordinance will be available at 5:00 on Friday, November 18th, if any Commissioner wished to stop by City Hall and pick their copy up, otherwise, they will be mailed. Zoning Administrator, Karen Gandy, informed the Commission that the Applicant for Agenda Item #9, ZA 94 -139 Specific Use Permit, has requested that this item be tabled to the January 8, 1994 Planning and Zoning meeting. Motion was made at Applicant's request to table ZA 94 -139 Specific Use Permit to the January 8, 1994 Planning and Zoning meeting and continue the Public Hearing. Motion: McGarity Second: Hobbs Ayes: McGarity, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 6 -0 G:\ W PF\MTG \M IN\ I 1- 17 -94. W PD Planning and Zoning Meeting November 17, 1994 Page 2 Commissioner Arnold Arrived. Agenda Item #4, ZA 94 -134, Concept Plan/Napa Valley Estates Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for the Concept Plan for Napa Valley Estates, being 20.053 acres situated in the J.W. Hale Survey, Abstract No. 803, Tract 1, and the John A. Freeman Survey, Abstract No. 529, Tract 5. The location is approximately 1/2 mile South of E. Southlake Blvd., adjacent to the Southwest corner of Woodland Heights Addition, and North of the intersection of Carlisle Lane and Rainbow St. The Current Zoning is "SF -20A" Single - Family Residential District. The Land Use Category is Medium Density Residential. The Owner is Theron A. Ragan and the Applicant is Allegheny Land Company. The property is located in SPIN Neighborhood #8. Fifteen written notices were sent out and seven written responses were received from within the 200' notification area in favor and one response received was opposed. Twelve written responses were received from outside the 200' notification area in favor; the owner of the property responded in favor; and SPIN Neighborhood #8 Representative responded in favor. Commissioner Johnson asked Staff to discuss the property owner response regarding the future trail master plan. Mr. Last explained that the City is in the process of planning a Trail System Master Plan similar to the Keller Trail System. He stated that the Commissioners were to be invited to a joint work session on December 13th to discuss this subject, and that at this point, he does not know how the plan will impact the Napa Valley property. Commissioner Murphy asked for clarification of the relocation of Merlot Drive and Ms. Gandy said it was requested to be shifted to the center of Mrs. Smith's property so the street can be extended to S. Carroll and provide lotting on either side. Alternative thoroughfare alignments through this property and the adjacent Versailles, Ltd. project property to the West were discussed. Planner, Tom Elgin informed the Commission that he had recently corresponded with the Versailles representative and that they are aware of the submittal dates in order to proceed with their project. To date Versailles, Ltd. has not submitted a revised plan. Commissioner McGarity asked if Staff had considered a street stub to the East and Mr. Last stated that the ordinance did not technically come into play since it was not 1000' distance. He said that Staff felt that the property fronting Rainbow Street would provide alternative access and thus eliminate the need for a stub. Art Clayton, 3129 Lake Dr., Southlake, was present to represent the Applicant, Allegheny Land Company, and the Owner, Theron A. Ragan on this item. Mr. Clayton stated that the comments on the Plan Review Summary were being addressed and would be revised before the next City Council meeting. He said that meetings had been held with virtually every homeowner adjacent to the subject property and out of the 25 listed names there was only one dissent. Discussions and feedback reflected that they felt this was an appropriate use for G: \W PP\MTG \MIN\ 11- 17 -94. W PD Planning and Zoning Meeting November 17, 1994 Page 3 this area of Southlake. Mr. Clayton passed around a colored map showing the locations of the numerous homeowners who are in support of this project. He stated that he was in agreement and would revise per comment #9 of the Plan Review Summary regarding the relocation of Merlot Drive to the North, however, he felt comment CO regarding the Thoroughfare Plan connection of South Carroll Ave. to Carlisle Lane should not be included to impact this property and should be deleted and that Alternative D shown on the Alternative Thoroughfare Alignments provided by Staff should be the appropriate alignment choice. Public Hearing. Harvey Miller, 918 Carlisle Lane, stated that he and the three adjacent property owners to his property are concerned with where the connection of S. Carroll Ave. to Brumlow will go. He asked the Commission if they knew what the plan for Carlisle Lane is. Chairman Wright stated that this is not shown on the Concept Plan being presented but discussion will determine whether it should be. Public Hearing Closed. The Commission discussed the Alternative Thoroughfare Alignments submitted by Staff and agreed there was no need to take Alternatives A, B or C as a route. Motion was made to Approve ZA 94 -134 Concept Plan for Napa Valley Estates subject to the Plan Review Summary dated November 11, 1994, deleting item #10 comment regarding the Thoroughfare Plan connection of S. Carroll Ave. to Carlisle Lane. Motion: McGarity Second: Johnson Ayes: McGarity, Arnold, Murphy, Johnson, Tate and Hobbs Nays: none Abstain: Wright Approved: 6 -0 -1 Agenda Item #5, ZA 94 -135, Preliminary Plat/Napa Valley Estates Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for the Preliminary Plat for Napa Valley Estates, being 20.053 acres situated in the J.W. Hale Survey, Abstract No. 803, Tract 1, and the John A. Freeman Survey, Abstract No. 529, Tract 5. The location is approximately 1/2 mile South of E. Southlake Blvd., adjacent to the Southwest corner of Woodland Heights Addition, and North of the intersection of Carlisle Lane and Rainbow St. The Current Zoning is "SF -20A" Single - Family Residential District. The Land Use Category is Medium Density Residential. The Owner is Theron A. Ragan and the Applicant is Allegheny Land Company. The property is located in SPIN Neighborhood #8. Fifteen written notices were sent out and seven G:\ W PF\MTG \MIN\ 11- 17 -94. W PD Planning and Zoning Meeting November 17, 1994 Page 4 written responses were received from within the 200' notification area in favor. Twelve written responses were received from outside the 200' notification area in favor; the owner of the property responded in favor; and SPIN Neighborhood #8 Representative responded in favor. Art Clayton, 3129 Lake Dr., Southlake, was present to represent the Applicant, Allegheny Land Company, and the Owner, Theron A. Ragan on this item. Mr. Clayton stated that they are in agreement with Staffs comments on the Plat Review Summary with the exception of item #13 regarding the Thoroughfare Plan's connection of South Carroll Ave. to Carlisle Lane crossing the southwest corner of this property and he asked that this item be omitted. He also stated that the drainage is being reworked. Public Hearing. No Discussion Public Hearing Closed. Motion was made to Approve ZA 94 -135 Preliminary Plat for Napa Valley Estates subject to the Plat Review Summary dated November 11, 1994 deleting item #13 comment regarding the Thoroughfare Plan connection of S. Carroll Ave. to Carlisle Lane. Motion: Arnold Second: Tate Ayes: McGarity, Arnold, Murphy, Johnson, Tate and Hobbs Nays: none Abstain: Wright Approved: 6 -0 -1 Agenda Item #6, ZA 94 -136, Preliminary Plat/Coventry Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for the Preliminary Plat for Coventry, being 103.577 acres situated in the T.M. Hood Survey, Abstract 706, being Tracts 1 & 1C, 1A, 1B, 3A, 3C, 11B, and Lots 1 & 2, Bradley Addition. The location is West of Shady Oaks Dr. on the East side of N. Peytonville Ave., approximately 1/2 mile South of W. Dove St. The Current Zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Category is Low Density Residential. The Owners are Helen Taylor and Harry J. Bradley and the Applicant is PIMA Properties, Inc. The property is located in SPIN Neighborhood #11. Thirty - four written notices were sent out and seven written responses were received from within the 200' notification area opposed. Ms. Gandy stated that this Preliminary Plat does substantially conform to the development plan previously approved by the City Council. Planner, Tom Elgin, pointed out the one acre lots in the development to the Commission. G:\ W PF\MTG\MIN\ 11- 17 -94. W PD Planning and Zoning Meeting November 17, 1994 Page 5 Commissioner McGarity asked if the Commission's request of a 60' R.O.W. on the connector street between Shady Oaks Dr. and N. Peytonville Ave. was denied by Council and was told that it had been denied. Commissioner Johnson brought up the citizen comment regarding residents being able to access the city sewer system and asked what the requirements are at such time sewer is available. City Engineer, Ron Harper, said that the current ordinance states that the City can require a resident to hook onto the City sewer if the resident's property is within 100' of the sewer main. Chairman Wright explained to the audience that many of the written comments from surrounding property owners addressed density, lot sizes and various other issues. He stated that these issues had been addressed at the zoning and development plan stage, they had already been decided at Council, and only issues pertaining to the platting were to be discussed tonight. John Levitt, 726 Commerce, was present to represent the Applicant, PIMA Properties, Inc. on this item. Mr. Levitt stated that there were no problems with Staff's comments of November 11, 1994. However, preliminary drainage design work indicated the need for an additional storm water retention area on the Southeast side of the development. They are planning to put two water retention areas in at the location of Lot 1 to allow drainage from the development to collect before it is discharged into the existing creek off of Shady Oaks. Two of the larger lots situated in the middle of the development will be revised into three lots to make up for Lot 1. Open space for the additional water retention areas will increase approximately 1/2 acre. Mr. Levitt stated that the revised three lots will be larger than 20,000 square feet, he clarified that open space was not being traded but being added to, and the total number of 101 Lots remains unchanged. Public Hearing. Richard Crowe, 1502 Plantation Dr., stated that his understanding at the Council meeting was that the developer agreed to keep the homeowners apprised of drainage work as the project progressed. He feels the homeowners have been ignored regarding this issue and he is opposed to this request. Mr. Last stated that a copy of the most recent water /sewer /drainage report could be made available to Mr. Crowe. Public Hearing Closed. Commissioner Johnson recalled seeing a memo recommending the sharing of information and asked if it was adopted by council. Mr. Last stated that he did not know if it was included in the motion but that all information was public and Mr. Crowe, or any other homeowner, could obtain information from City Hall regarding water /sewer /drainage, as well as any other issue addressed regarding this development or any development in the City of Southlake. G:\ W PF\MTG\MI N\ 11- 17 -94. W PD Planning and Zoning Meeting November 17, 1994 Page 6 Chairman Wright pointed out that this is the Preliminary Plat stage and between now and on through to the Final Plat stage a lot of work would need to be done and a more advanced drainage plan will be made. Mr. Last said that a revised water /sewer /drainage report would be submitted and available the following Monday which will reflect Staffs comments since the very first review and Mr. Crowe could get a copy of this. Mr. Levitt clarified that the revisions regarding the water retention area would be incorporated into the revised submittal and asked the Commission to approve the Preliminary Plat with this alternate plan. Motion was made to Approve ZA 94 -136 Preliminary Plat for Coventry subject to the first Plat Review Summary dated November 11, 1994, and including the alternate plan. Motion: Arnold Second: Hobbs Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 Agenda Item #7. ZA 94 -137. Site Plan/Southlake Medical Clinic Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for the Site Plan for Southlake Medical Clinic, being 1.2830 acres situated in the John Bailey Survey, Abstract No. 97, and being the proposed Lot 1, Block 10, Stone Lakes Phase V Addition. The location is on the South side of W. Southlake Blvd., East of Stone Lakes Pl. in the Stone Lakes subdivision. The Current Zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Category is Mixed Use. The Owner is Baylor Healthcare System and the Applicant is William Cook. The property is located in SPIN Neighborhood #13. Nine written notices were sent out and two written responses were received from within the 200' notification area in favor. One written response was received from SPIN Neighborhood #13 representative opposed. Ms. Gandy explained that this would be an 11,000 sq. ft. medical facility; they have shown the required 73 parking spaces on their Site Plan; and that the PUD setback in this particular instance requires 60' (20' bufferyard) and they have provided this and are in compliance with the requirement. Ms. Gandy also discussed the three scenarios concerning access easements in regards to how the property to the East develops in the future and answered questions regarding the impact of each scenario. Tina Larson was present to represent the Applicant, Baylor Healthcare System. Ms. Larson stated that all comments in the Plat Review Summary will be accommodated and an easement for future development will be provided with the understanding that three parking spaces will be lost. Commissioner McGarity pointed out that the medical facility could still use the easement for parking until such time as it develops. G: \W PF\MTG\M IN\ 11- 17 -94. W PD Planning and Zoning Meeting November 17, 1994 Page 7 Public Hearing. Rex Potter, 303 Waterford Ct., Chairman of Stone Lakes Homeowners Association, brought up concerns of the 8' wooden fence between the residents and the medical facility's property line. The residents are concerned with the maintenance of a wood fence and feel it does not blend aesthetically. They prefer to replace the wood fence requirement and match the existing solid brick fence on F.M. 1709 which contains 90 degree offsets. Ms. Larson stated that this is the first she has heard of a request for a brick fence and she and Sarah Gamm, representative for Baylor Healthcare System, asked the Commission to move forward with the proposed fence as designed. Ms. Gamm commented that the proposed shrubbery and landscaping would be good for both the residents and the medical facility and it would eliminate their need to go back and price out a brick fence. Commissioner Johnson clarified that the landscaping would be on the medical facility's side of the fence and that in early years the landscaping may not buffer the neighbors as well as it might 20 years later when things have grown. Commissioner Hobbs asked if the Commission could require a masonry fence and Mr. Last commented that since this tract is a portion of the P.U.D. they had a lot of leeway to recommend approval. Commissioner Hobbs stated he could not support a wood fence and Commissioner Arnold and Commissioner McGarity commented that they would like to see a brick fence. Rex Potter stated that the developer, Phil Jobe, was focusing more on landscaping and did not object to a brick fence, however, he did not request Baylor Healthcare System to provide this type of fence. Public Hearing Closed. Chairman Wright commented that the cost of a masonry fence would not be much more cost than a nice wood fence and the request of the Homeowners Association is not an unreasonable request. Mr. Last stated that the bufferyard ordinance required Staffs comment #10 on the Plan Review Summary regarding the West bufferyard having a 6' fence. If the Commission approves the Applicant's request of a 5' wrought iron fence on the West bufferyard, this needs to be specified in the motion. Commissioner McGarity thanked the Applicant for bringing this facility to Southlake and stated it was long overdue. Motion was made to Approve ZA 94 -137 Site Plan for Southlake Medical Clinic subject to the Plan Review Summary dated November 11, 1994 amending item #10 to allow a 5' wrought iron fence on the West, plus a 6' masonry fence on the South, and requiring a common access easement in the Northeast corner (understanding there will be a loss of three parking spaces). Motion: McGarity Second: Tate Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs G: \W PF\MTG \MIN\ 11- 17 -94. W PD Planning and Zoning Meeting November 17, 1994 Page 8 Nays: none Approved: 7 -0 Agenda Item #8. ZA 94 -138, Final Plat/Southlake Medical Clinic Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for the Final Plat for Southlake Medical Clinic, being 1.2830 acres situated in the John Bailey Survey, Abstract No. 97, and being the proposed Lot 1, Block 10, Stone Lakes Phase V Addition. The location is on the South side of W. Southlake Blvd., East of Stone Lakes Pl. in the Stone Lakes subdivision. The Current Zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Category is Mixed Use. The Owner is Baylor Healthcare System and the Applicant is William Cook. The property is located in SPIN Neighborhood #13. No written notices were required. Ms. Gandy stated that this Final Plat substantially conforms to the previously approved Preliminary Plat. Tina Larson was present to represent the Applicant, Baylor Healthcare System. Ms. Larson stated that they had reviewed Staffs recommendations on the Plat Review Summary dated November 11, 1994 and they are willing to make those accommodations. No Discussion Motion was made to Approve ZA 94 -138 Final Plat subject to the Plat Review Summary dated November 11, 1994. Motion: Johnson Second: Tate Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 Agenda Item #9. ZA 94 -139 Specific Use Permit Tabled - See Administrative Comments Agenda Item #10, ZA 94 -141, Rezoning Request Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for rezoning 6.192 acres situated in the J.W. Chivers Survey, Abstract No. 350, Tract 1C1D. The location is on the Northeast corner of E. Dove St. and Ridgecrest Dr. The Current Zoning is "AG" Agricultural and the Requested Zoning is "SF -1A" Single - Family Residential District. The Land Use Category is Low Density Residential. The Owner is Guaranty Federal Bank, F.S.B. and the Applicant is Tom Miller. The property is located in SPIN Neighborhood #3. Eleven written notices were sent out and one written response was received from within the 200' notification area undecided and one written response was received in favor. G: \W PF\MTG \MIN\ 1 I - 17 -94. W PD Planning and Zoning Meeting November 17, 1994 Page 9 Commissioner Arnold asked how this request falls in the noise cone and Ms. Gandy stated it is inside the noise contour and would be subject to the signing of an Avigation Easement. Tom Miller, 5604 Oak Top, Colleyville, was present to represent this item. Mr. Miller stated that he is the Applicant requesting the rezoning of the property and he would be glad to answer any questions the Commission might have. Public Hearing. John Shelton, 570 E. Dove Road, owns the adjoining property and shares joint ownership of a pond on the Northeast side. He asked what the plan for the pond is and what type and size homes will be built and what the construction is going to be. Mr. Miller answered that his feelings were that the pond is a nice feature and he has no intent to change his part. His engineer suggested that maybe making it deeper and dredging it would be beneficial but other than that it will remain as is. He stated he is not a builder but he plans on deed restricting the lots to 2500 sq ft. homes on one acre lots and he would like to see nice residential homes built. Tim Ludwick, 2400 Ridgecrest, stated he lives across the street from the subject property and he has been working with the City on drainage problems. Chairman Wright said drainage is a platting issue and would be discussed in the next case. Public Hearing Closed. Motion was made to Approve ZA 94 -141 Rezoning Request. Motion: Hobbs Second: Johnson Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 Agenda Item #11, ZA 94 -142, Preliminary Plat/Oakwood Pond Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for the Preliminary Plat for Oakwood Pond, being 6.192 acres situated in the J.W. Chivers Survey, Abstract No. 350, Tract 1C1D. The location is on the Northeast corner of E. Dove St. and Ridgecrest Dr. The Current Zoning is "AG" Agricultural and the Requested Zoning is "SF-1A" Single - Family Residential District. The Land Use Category is Low Density Residential. The Owner is Guaranty Federal Bank, F.S.B. and the Applicant is Tom Miller. The property is located in SPIN Neighborhood #3. Eleven written notices were sent out and one written response was received from within the 200' notification area undecided. G: \WPFMTG\MIN\11- 17 -94. WPD Planning and Zoning Meeting November 17, 1994 Page 10 Commissioner McGarity commented on Staffs comment #11 on the Plat Review Summary regarding the sizeable drainage easements and also asked weather or not dry pipe will be installed. City Engineer, Ron Harper, stated that Cheatham and Associates had developed the study for the City which required the easements in order to alleviate the drainage problems. He also stated that since no street is being developed, the one acre lots will be strictly septic and no dry pipe will be installed. Commissioner Johnson commented on the unusual shape of Lot 3, and Lots 1, 2, and part of Lot 3 being relatively shallow and if there will be enough room to build houses, taking this into account along with the easements. Mr. Last said he is also concerned, however, the developer is not violating the subdivision ordinance. He explained that if the developer could not build within the building setbacks they will have to go to the Zoning Board of Adjustment for a variance. Ms. Gandy informed the Commission that Mr. Miller had submitted an application for a 30' rear lot line building setback variance. Commissioner Johnson clarified that there are no specific violations to the subdivision ordinance in this request. Mr. Miller stated that he had talked with City Public Works Director, Mr. Bob Whitehead, regarding the easements and the problem with drainage to the West. He also said that the easements fall in an area where homes would not be built. He commented that these are not picture perfect lots, but there is enough to make a reasonable pad site, and particularly if the ZBA variance is approved. The Commission discussed with Staff the locations of the easements, existing culverts, improvements with underground pipe, and shifting the easements. Mr. Last stated that prior to filing the Final Plat, improvements would have to be constructed before building permits could be issued, however, the City will also take into consideration if the developer wants to decrease the width of the easements with underground pipe or shift the locations. Public Hearing. Mr. Shelton asked if the drainage easements being discussed were pipe or above ground and stated that sooner or later water coming onto his property will need to be addressed, particularly when the North is developed. Chairman Wright stated that it was his understanding that these above ground easements are to take care of water coming through this property today. Eventually the water needs to channel down to the ditch and the City wants to make sure there is a way for water to channel down today. Mr. Harper reiterated that drainage concerns are addressed when building permits come in. Tim Ludwick, 2400 Ridgecrest, informed the Commission that he lives across the street from the subject property and he has been working with the City on drainage problems. He said he has G: \W PF\MTG \MIN\ 11- 17 -94. W PD Planning and Zoning Meeting November 17, 1994 Page 11 reviewed the drainage problem with Mr. Cheatham and he passed out pictures to the Commission showing how water flows over his property and how much water stands afterwards. Chairman Wright stated it was the developer's obligation to receive water at the R.O.W. line and take care of the water coming to him. The developer does not have the obligation to enlarge the pipe across the street, only the obligation to receive the water. The City is working on a project to enlarge the pipe coming across the street and they are trying to get this resolved. Public Hearing Closed. Commissioner Johnson stated he is not happy with the situation but has no basis to vote against the request. Chairman Wright commented that this is a difficult piece of property and it appears that the developer has done the best he can with it. Motion was made to approve ZA 94 -142 Preliminary Plat for Oakwood Pond subject to the Plat Review Summary dated November 11, 1994. Motion: Hobbs Second: Murphy Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 Meeting Adjourned at 9:05 p.m. it Joe ight, Chairman ATTEST: /9 de e Bobbye Shire; Community Development Secretary G: \W PF\MTG\MIN\ 11- 17 -94. W PD