1997-07-24CITY OF SOUTHLAKE
SPIN Standing Committee Meeting
Thursday, July 24, 1997
City Council Chamber
SPIN Representatives present: David Baltimore (#12), Chair; Joe Mast (0), Secretary; Martin
Schelling (#2), Jan Francis (0), Tom Ward (0), Darrell Faglie (#7), Michael Boutee for Laura
Miklosko (#9), Doug McKelvey (#14), Wayne Haney (#15), John Wilder (#16)
SPIN Representatives Absent: Cara White(#1), Janet Murphy (#4), Pattie Minder (#8), Al Morin
(#10) Roger Hutton (#11), Katie Holzgraefe, Youth Delegate
Staff Present: Kevin Hugman, Community Services Manager; Nona Whitehead, SPIN Coordinator
David Baltimore called the meeting to order at 6:40 p.m.
Agenda Item No. 2, Approval of the 6/24/97 SPIN Standing Committee Minutes
Darrell Faglie moved to approve the minutes. It was seconded by Joe Mast and the minutes were
approved unanimously.
Agenda Item No. 3, Administrative Comments
David Baltimore noted that the time for the Budget Work Sessions has been changed to 5:00 p.m. It
was noted from the calendar that next week is a busy week for SPIN with two citywide SPIN
sponsored meetings on the proposed Reinvestment Zone, a SPIN #13 vacancy meeting and a
neighborhood #6 meeting.
In relation to the ongoing boundary review, David Baltimore said that SPIN #2 has expanded to
include the Solana annexation and that the map adjustments will be coming forward for review by the
Standing Committee in September.
Mr. Baltimore gave the update on the Summit, noting that the City Staff was very supportive. It is
hoped that there will be at least 15 participants in the Summit. The names of the Summit panel
members will be included in the publicity for the event so that they can receive input from residents
as to ideas for projects or goals. Tom Ward handed out a presentation to help committee members
further understand the concept of the Summit. The next executive committee meeting on August 8
will include the next update on the Summit.
David Baltimore also urged the committee to vote on the homestead exemption.
There being no further business the meeting was adjourned at 6:50 p.m.
4W Joe Past, SPIN Secretary A st
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CITY OF SOUTHLAKE
Joint SPIN/Planning & Zoning Commission
Thursday, July 24, 1997
City Council Chamber
Representatives Present: David Baltimore (#12), Chair; Joe Mast (0), Secretary;
Martin Schelling (#2), Jan Francis (0), Tom Ward (#6), Darrell Faglie (#7), Michael
Boutee for Laura Miklosko (#9), Doug McKelvey (#14), Wayne Haney (#15), John
Wilder (#16)
Representatives Absent: Cara White (#1), Janet Murphy (#4), Pattie Minder (#8),
Al Morin (#10), Roger Hutton (#11), Katie Holzgraefe, Youth Delegate
Planning & Zoning Commission Members Present: Joe Wright, James Murphy, Ann
Creighton, Rob Jones, Debra Edmondson, Lanny Tate, L.C. LeVrier
Staff Present: Shana Yelverton, Assistant City Manager; Greg Last, Director of
Community Development; Kevin Hugman, Community Services Manager; Nona
Whitehead, SPIN Coordinator
David Baltimore called the meeting to order at 7:05 p.m.
SPIN Chairman David Baltimore had each member of the respective groups introduce
themselves. Ivlr. Baltimore thanked Planning and Zoning Chairman Joe Wright for
placing this meeting in their busy schedules.
Agenda Item No. 2. City 'Tanager's Report
Curtis Hawk was unable to be present and the City Manager's Report was given by
Shana Yelverton. Mrs. Yelverton mentioned that in relation to the Westlake situation,
Southlake has extended a settlement offer to Westlake. Mrs. Yelverton said that
Southlake has made the offer because Judge McGrath would like to see this case settled
and this agreement makes it possible for Westlake to remain a town. There is a copy of
the proposed settlement offer at the City Manager's office.
Shana Yelverton also mentioned that there are three opportunities to get information
about the proposed reinvestment zone next week. Staff is currently meeting with the
various taxing entities in regard to their interest in participating in the TIF. Debra
Edmondson asked for fact sheets and a copy of the TIF legislation.
SPIN/Joint Planning & Zoning Meeting, July 24, 1997 Page 1 of 6
Mrs. Yelverton reported that the Charter review committee of council members has
sent a list of items for consideration to the city attorneys for review. It will be returned
to the committee for further review and eventual citizen input.
Mrs. Yelverton reported that the City Council has approved a contract to move forward
with a strategic plan which will help create a vision for the community. She indicated
that SPIN will probably be asked to participate in the strategic planning in some
manner. The current committee is composed of Mayor Stacy, Ralph Evans and David
Harris.
Agenda Item #3. Discussion of Items Related to Planning & Zoning
Chairman Wright said that the Planning & Zoning Commission welcomed the
opportunity to meet with SPIN. Ann Creighton said that she felt that it will be helpful
to have this opportunity for SPIN Reps to bring their neighborhood concerns to the
attention of P&Z.
John Wilder mentioned that in SPIN #16 the role of SPIN has been to help the
neighborhood find alternate options that will be acceptable to everyone. Joe Wright said
that Wayne Haney has worked hard and how P&Z needs people like Wayne to come
forward to speak positively in regard to issues and that the Church of Christ/SPIN
meetings were very helpful to the Planning & Zoning process.
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Chairman Wright asked to hear from SPIN on the positive issues as well as negative
concerns. Mr. Wright reminded the group that SPIN is not really a part of the
legislative process. Tom Ward said he felt that rezoning cases should be encouraged by
P&Z to meet with affected neighborhoods prior to bringing their cases forward.
Shana Yelverton added some input explaining that developers are encouraged to hold
SPIN meetings and that there is a step by step process outlined for initiating those
meetings.
Jim Murphy shared how some issues in recent development cases have been worked at
the neighborhood level prior to coming to P&Z. Ann Creighton mentioned that some
homeowners have complained that they have not been notified and that room for
improvement might include making SPIN Reps more aware of the yellow zoning
change signs so they in turn can double check to make sure that homeowners are
notified.
David Baltimore responded by saying that notification is not a formal process in place
and that SPIN can not guarantee every homeowner affected will be notified. He
suggested that instead of notifying the specific Neighborhood SPIN Rep that instead,
Community Development should consider sending all zoning change announcements to
Nona and she could copy the information and distribute to all SPIN Reps because often
these changes affect more than one SPIN Neighborhood. Mr. Baltimore indicated that
the registered letters often get sent back to the post office and that he would rather find
the information in his packet.
SPIN/Joint Planning & Zoning Meeting, July 24, 1997 Page 2 of 6
Joe Wright indicated that the neighborhood meetings he has experienced were not being
well attended. Darrell Faglie agreed that it usually takes a hot topic to draw people out
for a meeting. Debra Edmondson mentioned that it is becoming difficult to get
individuals to P&Z meetings as well, unless an issue directly affects their property.
F.C. LeVrier said that it would be helpful to P&Z if SPIN would help educate residents
that are coming forward with concerns. Citizens need to be aware that there has to be a
legal reason to not support the development in question. He asked SPIN to give P&Z
"something to hang our hats on legally." Mr. LeVrier said that requests can not be
denied just because folks do not like the project. There are site plans and platting. If
the developer meets the criteria for the platting and the site plan, there is not a lot that
can be done. Mr. LeVrier said that during zoning, the Planning and Zoning
Commission has discretion. Zoning changes can be denied on the basis of popular
opinion, provided these opinions reflect concerns of health, safety, or welfare issues.
Debra Edmondson said that all P&Z can do is recommend something. The
recommendation may be no, or it may be yes, or it may be passing an ordinance against
what the attorneys advise. But whatever P&Z does, it doesn't have the force of law.
The Council is really the group who can enforce. They (City Council) are "where the
rubber meets the road" and they are the ones who, when they vote, and someone
decides to take the City to court, they are the ones who are accountable. P&Z is just a
recommending body. Joe Wright said that it is true that they are a recommending
body. However, P&Z can approve a final piat. Also, if a denial is recommended on
zoning, it takes a super majority to override at City Council. Thus, P&Z does have
responsibility for ensuring that decisions are made within state law.
John Wilder said that a document with guidelines for granting a zoning change might be
helpful to educate SPIN Reps. Jim Murphy said that the Land Use Plan is the set of
guidelines that P&Z uses for making decision. Joe Wright said the Land Use Plan is
indeed guidelines, not rules. Rob Jones added that the Corridor Plan Overlay would
also be used as a guideline. There was interest expressed in having a set of zoning
ordinances available for SPIN Reps.
Joe Wright requested that SPIN Representatives come to staff or to P&Z to get their
facts straight before they host a meeting. Citizens are often irate but do not have their
facts straight. Mr. Wright used as an example the letter that was written to the Dallas
Morning News that mentioned his name and Martin Schelling, which did not have
correct information. He also wanted SPIN to be aware that all ordinances have to be
considered. Citizens tend to zero in on one issue, but that P&Z must look at all the
ordinances and fit everything together. Ann Creighton mentioned that it might be wise
for SPIN Reps to look at issues like the Chevron station controversy and to let their
constituents know that issues discussed at SPIN meetings are not binding or legal if a
written form was not given. The service station issue is a good example that it was not
binding to just have an item discussed.
SPIN/Joint Planning & Zoning TNIeeting, July 24, 1997 Page 3 of 6
Tom Ward asked about off premise liquor sales being discretionary. Joe Wright
responded that most of those issues are determined by state law. The formula can not
be more restrictive than state law. F.C. LeVrier mentioned that P&Z and City Council
listen carefully to organized opposition that is based on facts or law.
Rob Jones said that pictures are helpful in documenting needs. Ann Creighton said that
the number of people present at meetings bear more weight than just a sheet with
signatures. Effective citizen input is when there is a good turn out.
Greg Last said the Land Use Plan (LUP) update might begin in August. There has
been a lot of work on the ordinances. From an involvement standpoint this will be a
public meeting explaining the LUP and taking public comment from whoever is
present. The staff will collate the feedback for P&Z and start the first meeting in a
work session format. There will be a wide variety of vehicles for public input as the
city is broken down into bite sized pieces to be looked at. Staff will also be
recommending areas that they are aware of for special study. The staff will make SPIN
and the media aware of each area undergoing study. Mr. Last estimated that the update
will take several months.
Greg Last also brought updates on several ordinances: Tree preservation is being
worked on by members of KSB, an arborist, developers, staff and council members.
Progress is being made and a recommendation is expected in August or September.
Ordinance 480-Y on Assisted Living was passed by City Council in July. The
ordinance is still being adjusted. There is an unresolved legal issue related to spouses
that is still pending.
A service station ordinance has been approved by P&Z and will be considered by City
Council in August. Variables still being considered include aesthetics, lot lines and
exits.
A sidewalk ordinance proposed by the Park Board is being revisited by Engineering. It
is proposed that the City require developers to build sidewalks that compliment and
facilitate the Trail Master Plan. Joe Wright indicated that he does not believe a
sidewalk ordinance will be popular with Southlake citizens.
Mr. Last also explained the Agenda Management Point System. This system has helped
to give a better estimate of when items are expected to be on the agenda. He also
mentioned that the development activity list changes hourly. Mr. Last indicated that
SPIN should feel free to check with his staff on the status of specific items.
Agenda Item #4, Neighborhood Reports
SPIN #1 - Absent
SPIN/Joint Planning & Zoning Meeting, July 24, 1997 Page 4 of 6
T
z:
SPIN #2 - Martin Schelling reported that waterline construction is expected to begin on
North White Chapel.
SPIN #3 - Joe Mast said Lonesome Dove is putting in their last street. He said that
SPIN #3 is close to build -out and there has not been much activity.
SPIN #4 - No Report
SPIN #5 - Jan Francis said that there is a group opposing the TIF and that it is not a
SPIN effort. It appears that this group does not have accurate information about the
TIF. This same group also sent a lot of mailings in regard to Timarron Commercial.
Jan wanted to let the committee know that it was not a SPIN mailing.
SPIN #6 - Tom Ward mentioned that the Gun Barrel store is an example of how
residential housing needs to be shielded from commercial development. He requested
that any future approval of retail should be far removed or buffered from residential.
SPIN #7 - Darrell Faglie has some problems related to the proposed school across from
his neighborhood. Joe Wright said that the residents requests to P&Z and City Council
made the requirements so difficult that the developer could not make a residential
development cost effective and now the neighborhood is stuck with a school. The
initial request had been for 63 lots and it was pushed back to 55 which did not work.
Mr. Wright said it is necessary for P&Z and SPIN to work together to be sure they are
not too restrictive, because the schools can do whatever they want.
SPIN #8 - Absent
SPIN #9 - Michael Boutee reported for Laura Miklosko that there is a lot of building
going on the north side of Byron Nelson near the school. There is some concern that
Byron Nelson will become a short cut and residents will be watching the traffic.
SPIN #10 - Absent
SPIN #11 - Absent
SPIN #12 - David Baltimore said that his neighborhood could have had an assisted
living center, but now it is going to have a gas station.
SPIN #13 - Vacant
SPIN #14 - Doug McKelvey said that the development on Continental and White
Chapel is going on and most residents are in favor of the residential development as
versus a commercial development.
SPIN/Joint Planning & Zoning Meeting, July 24, 1997 Page 5 of 6
i SPIN #15 - Wayne Haney said that SPIN #15 is getting busy. The Church of Christ
expansion project is nearly over. Southlake Woods development is coming along as
well as Timber Lakes which was pulled from the P&Z process until they decide if they
can purchase more land. There is still concern about the trash in the creek. Mr. Haney
mentioned the headwaters of Jellico creek,and asked that P&Z be careful about
development on that creek. His neighborhood is also trying to get a mail drop in the
Southlake Marketplace. Joe Wright suggested that Martin Schelling might be able to
help with that request.
SPIN #16 - John Wilder said that the water tank far exceeded his expectations and that
residents seem pleased. Greg Last said that irrigation and landscaping is coming
subject to budgetary restrictions.
Hearing no further business Joe Wright motioned to adjourn the meeting. It was
seconded by Martin Schelling and the meeting was adjourned at 9:20 p.m.
Joe Mast, SPIN
SPIN/Joint Planning & Zoning Meeting, July 24, 1997 Page 6 of 6