1999-10-14
f
CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
October 14,1999 7:02 p.m.
MEMBERS PRESENT: Ralph Evans, Vice Chairperson; David Harris, John Smart,
John Terrell, Vernon Stansell, Alternate #1; Ron Troy, Alternate #2.
MEMBERS ABSENT: Dennis Minder, Chairperson
STAFF PRESENT: Karen Gandy, Zoning Administrator; Arthur Wright, Zoning
Assistant; Lori Farwell, Secretary; E. Allen Taylor, City Attorney; Lisa Sudbury, Planner
Agenda Item #2 Approval of the Minutes.
The minutes of the September 30, 1999 meeting were deemed approved by the Chair as presented.
Motion: Harris
Second: Smart
Ayes: Terrell, Smart, Harris, Stansell, Evans
Nays: None
Vote: 5 - 0 to approve
Agenda Item #3 Administrative Comments.
There were no administrative comments.
Agenda Item #4 ZBA Case #328 Appeal
ZBA Case No.328, Appeal of the Administrative Official's decision regarding the substantial
conformance of a revised Concept Plan for the Shops of Southlake (Case ZA 99-023) submitted
by Cencor Realty Services on May 17, 1999 to the previously approved Concept Plan submitted
as Southlake Commons (Case ZA 95-127) by First Gulf Development. The location of the
property is on the southeast corner of East Southlake Boulevard (F.M. 1709) and South Carroll
Avenue, being legally described as Tract 7A situated in the John J. Freeman Survey, Abstract No.
529, and being approximately 29.5 acres. The current zoning is "S-P-2" Generalized Site Plan
District with limited "C-3" uses. The applicant is Oak Tree Estates Homeowners Association.
Ms. Karen Gandy, Zoning Administrator, gave a brief history of the property.
Public Hearing.
Zoning Board of Adjustment Meeting page 2
October 14, 1999
Agenda Item No. 4 continued
Parties speaking in favor of the Administrative Official's Decision are as follows:
Barry Knight, 5400 Renaissance Tower, Dallas, Texas and attorney representing Cencor Realty;
spoke in support of the Administrative Official's decision. Mr. Knight distributed copies to the
Board of the following: "Southlake Commons Concept Plan, Documents supporting substantial
conformance" which will be noted as " Exhibit A"
David Palmer; Cencor Realty Officer, spoke in support of the Administrative Official's decision.
Barry Knight addressed and supported two issues.
Parties speaking in opposition of the Administrative Official's Decision are as follows:
Angela Washington, 901 Main St. Dallas, Texas, attorney for Oak Tree Estates Homeowners
Association. Ms. Washington distributed to the Board the Zoning Administrative Official's letter
to Cencor Realty dated June 8, 1999 (Exhibit B); a copy of the Southlake Commons Concept Plan
(Exhibit C); and a copy of The Shops Concept Plan (Exhibit D).
Jerry Gibson, 1312 Kingsbrook Court, representing the Oak Tree Estates Homeowners Association
spoke in opposition.
Susan Johnson, 308 Lakeside Court, distributed an exhibit titled "Site Data Summary" (Exhibit E);
and an exhibit titled "Concept Plan Review Summary" (Exhibit F). She submitted a Southlake
Commons Color rendering (Exhibit G); a "1996 Concept Plan" (Exhibit H); a packet of information
with top page listing four (4) questions (Exhibit 1); and a packet of information with top page being
the March 9, 1999 Cencor letter (Exhibit J).
Steve Moser, 300 Lakeside Court, submitted an exhibit titled "1996 Concept Plan and Revised
Concept Plan" (Exhibit K); also "Increased Negative Effects on the Adjacent Properties caused by
the revisions to the concept plan (Exhibit L).
Charlie Savage, 1310 Forest Hills Court, spoke in opposition.
Chuck Blucher, 1218 Westmont Drive, spoke in opposition.
Christian Henning, 1220 Westmont Drive, submitted a brochure from a development in Florida
(Exhibit M).
Zoning Board of Adjustment Meeting page 3
October 14, 1999
Agenda Item No. 4 continued
Jose Plazza, 1222 Westmont Drive, spoke in opposition.
Laura Roach, 1319 Westmont Court, spoke in opposition.
Joe Sansone, 1218 Forest Hills Drive, spoke in opposition.
Joe Paul, 1203 Westmont Drive, spoke in opposition.
Scott Martin, 591 Dove Road, presented questions for Ms. Gandy and spoke in opposition.
Carolyn Morris, 403 St. Charles Court, spoke in opposition.
Angela Washington, attorney for the Oak Tree Homeowners Association, presented questions for
Ms. Gandy.
There was no other person wishing to speak either in favor of or in opposition to the request.
Public Hearing Closed.
A motion was made to affirm the authority of the Administrative Official to review a revised
concept plan for substantial conformance.
Motion: Harris
Second: Terrell
Ayes: Terrell, Smart, Harris, Stansell, Evans
Nays: None
Vote: 5 - 0 to affirm
A motion was made that the Administrative Official did err in the determining that the revised
Concept Plan did substantially conform to the original Concept Plan.
Motion: Harris
Second: Smart
Ayes: Terrell, Smart, Harris, Stansell, Evans
Nays: None
Vote: 5 - 0 to reverse the decision of the Administrative Official
Zoning Board of Adjustment Meeting page 4
October 14, 1999
Agenda Item #5 Meeting Adjourned.
A motion was made to adjourn the meeting.
Motion: Stansell
Second: Terrell
Ayes: Terrell, Smart, Harris, Stansell, Evans
Nays: none
Vote: 5-0 to adjourn
Meeting Adjourned 9:40 P. M.
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Ralph Evans, Chairman
on Farwell, Attended the meeting
Jean Bryson, prepared the minutes
ATTEST;
Sandra L. LeGrand
City Secretary
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