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FINAL AgendaREGULAR CITY COUNCIL MEETING MAY 2, 2006 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 to 5:30 p.m. REGULAR SESSION: 5:30 p.m. or immediately following the work session. Executive Session. Reconvene: Action necessary on items discussed in Executive Session. INVOCATION: Coy Quesenbury, Lonesome Dove Baptist Church REPORTS: 4A. Mayor’s Report 1. Recognition of outgoing Mayor Pro Tem, Keith Shankland 2. Proclamation for Building Safety Week 3. Greater Ft. Worth Builder’s Assoc. Spotlight Award 4. Building Officials Assoc. of TX Award of Excellence 5. Southlake Baseball Association report 4B. City Manager’s Report 4C. Park and Recreation Board Report CONSENT AGENDA: 5A. Approve the minutes for the April 18, 2006, regular City Council meeting. 5B. Consider excusing members of the City Council and the Planning and Zoning Commission for absences from meetings. 5C. Approve Southlake Sidewalk Sale application, allowing for a Citywide sidewalk sale on Saturday, June 10, 2006. 5D. Authorize the purchase of 65 personal computers, memory, and 55 LCD monitors from Hewlett Packard Computers via the State of Texas DIR-PC Contract (DIR-VPC-03-006) in the amount of $68,945. 5E. Resolution No. 06-020, Grant approval to the Tarrant County Housing Finance Corp. for the use of the proceeds of its series 2006 single family mortgage revenue bonds to finance home mortgages for single family homes within the City. 5F. Authorize a Street Lighting Service Agreement with TXU Electric Delivery Service. 5G. Variance to the Subdivision Ordinance No. 483, Section 4.01I, as amended, regarding plat expiration and extending the validity of Case ZA03-070, Preliminary plat for Mustang Business Park on the northeast corner of Brumlow Ave. and SH 26. Current Zoning: I-1 and I-2. SPIN #7. 5H. Variance to the Subdivision Ordinance No. 483, Section 4.01I, as amended, regarding plat expiration and extending the validity of Case ZA04-108, Final Plat for Lot 1, Block A, Mustang Business Park, on the southwest corner of Mustang Dr. and Southwestern. Current Zoning: I-1. SPIN #7. 5I. ZA06-043, Plat Revision for proposed Lots 19R through 21R, Block 1, Estes Park Phase I; being a revision of Lots 19, 20 & 21, Estes Park, Phase I, at the southwest corner of Boulder Dr. and Castle Rock Dr. Current Zoning: R-PUD. SPIN #5. 5J. Consider SP06-235, Variance to the Conditional Sign Permit for Southlake Town Square Grand Avenue District for Fossil at 324 Grand Avenue West. 5K. Consider SP06-248, Variance to the Conditional Sign Permit for Southlake Town Square Grand Avenue District for Harkins Theatres at 1450 Plaza Place. 5L. Resolution No. 06-019, (CP06-001) Land Use Plan Amendment from Low Density Residential to Medium Density Residential for approx. 29.85 acres located at 945 and 985 Randol Mill Ave. and along the north side of Gifford Court for proposed Palomar Estates. THIS ITEM IS TABLED TO THE MAY 16, 2006 CITY COUNCIL MEETING. 5M. Resolution No. 06-21, (ZA06-056), Specific Use Permit for a telecommunications antenna at 400 N. White Chapel Blvd. within the Park’s Department maintenance compound in Bicentennial Park. The City of Southlake Department of Public Safety is requesting to install an AM band transmission antenna of approx. 45’ in height within the Bicentennial Park maintenance compound for the purpose of broadcasting general and emergency information for the City of Southlake. Current Zoning: CS. THIS ITEM IS TABLED TO THE MAY 16, 2006, CITY COUNCIL MEETING. 5N. Ordinance No. 480-487, 1st Reading (ZA05-142) Zoning Change and Development Plan for Continental Greens at 2020 through 2300 W. Continental Blvd. Current Zoning: AG, SF-30, and S-P-1. Requested Zoning: TZD. SPIN #16. THIS ITEM IS TABLED TO THE MAY 16, 2006, CITY COUNCIL MEETING. REGULAR AGENDA: 6. Public Forum. 7A. Ordinance No. 480-482, 2nd Reading (ZA05-169), Zoning Change and Development Plan for Johnson Place at 2440 Johnson Rd. and 430 Randol Mill Ave. Current Zoning: AG and SF-1A. Requested Zoning: R-PUD. SPIN #15. PUBLIC HEARING 7B. ZA05-146, Site Plan for Bicentennial Plaza located at 410 W. Southlake Blvd. Current Zoning: C-2. SPIN #10. PUBLIC HEARING 8A. Ordinance No. 480-481, 1st Reading (ZA05-146), Zoning Change and Site Plan for Bicentennial Plaza at 410 W. Southlake Blvd. Current Zoning: C-2. Requested Zoning: S-P-1. SPIN #10. 8B. Ordinance No. 480-488, 1st Reading (ZA05-167), Zoning Change and Concept Plan / Site Plan for Town Lake Crossing at the northwest corner of W. Southlake Blvd. and Randol Mill Ave. Current Zoning: C-3 and SF-1A. Requested Zoning: S-P-2. SPIN #15. 8C. Ordinance No. 480-484, 1st Reading (ZA05-164) Zoning Change for a portion of Lot 1, Block 1, Arnold Estates at 520 W. Highland St. Current Zoning: RE. Requested Zoning: R-PUD. SPIN #11. There are no items on this agenda. There are no items on this agenda. There are no items on this agenda. 12. Meeting adjourned. Southlake Sidewalk Sale Saturday, June 10, 2006 9 a.m. – 7 p.m. (hours to vary by business) Southlake Sidewalk Sale ANCILLARY USES Tents & Canopies that do NOT require permits (tents < 200 s.f. and canopies < 400 s.f.) will be allowed on an individual business basis, and shall meet all requirements of Fire Code. Southlake Sidewalk Sale SIGNS - per Ordinance 883 Participating Merchant sign: 2 s.f.; window / interior display; 2 per business; 2 weeks before event Merchandise sign: 6 s.f.; display in proximity to outside sale items; 2 per business; day of event Promotional sign: 45 s.f.; attached to building or structure in center; 1 per frontage, no more than 2 per center total; 2 weeks before event Southlake Sidewalk Sale FINANCIAL CONSIDERATIONS $895 budgeted for advertising of event; anticipate purchase of Promotional Signs to raise awareness for major centers Southlake Chamber will assist with print advertising opportunities Southlake Sidewalk Sale 2005 Participation: 65 businesses 18 retail centers Item 5C Questions? Item 5D Authorize the purchase of 65 personal computers, memory, and 55 LCD monitors from Hewlett Packard Computers via State of Texas DIR–PC Contract (DIR-VPC-03-006) in the amount of $68,945 Item 5D Current practice is to replace about 1/3rd of our desktop computers each year There are about 60 PC’s which are in need of replacement Memory can’t be cost efficiently upgraded or replaced Hard Drives are at end of life expectancy and are beginning to fail more frequently. Item 5D The proposed purchase is based on pricing provided under Texas Department of Information Resources contract pricing. We will be reusing several monitors already installed thus the number of monitors is less than the number of computers. Item 5D Questions? ITEM 5E Resolution No. 06-020, Granting approval to the Tarrant County Housing Finance Corporation for the use of the proceeds of its Series 2006 Single Family Mortgage Revenue Bonds to finance home mortgages for single family homes located within the city. Resolution No. 06-020 Program designed to assist home buyers in Tarrant County. Cities greater than 20,000 must pass a resolution by the governing body in order for properties within the City to be eligible for this program. The City passed a similar resolution in 2002 supporting the program at that time. There is no financial obligation to the City. ITEM 5E Resolution No. 06-020, Granting approval to the Tarrant County Housing Finance Corporation for the use of the proceeds of its Series 2006 Single Family Mortgage Revenue Bonds to finance home mortgages for single family homes located within the city. Resolution No. 06-020 Program designed to assist home buyers in Tarrant County. Cities greater than 20,000 must pass a resolution by the governing body in order for properties within the City to be eligible for this program. The City passed a similar resolution in 2002 supporting the program at that time. There is no financial obligation to the City. Item 5E Questions? ITEM 5F Authorize a Street Lighting Service Agreement with TXU Electric Delivery TXU Electric Delivery Street Lighting Service Agreement Required as result of Deregulation of Electricity Industry Reviewed by City Attorney TXU Electric Delivery Street Lighting Service Agreement This agreement used since 2003 Received endorsement of Steering Committee of Cities Attorney TXU Electric Delivery Street Lighting Service Agreement Provides an appropriate mechanism to ensure street lighting service is provided in accordance with PUC approved tariffs. Provides for addition, removal or change out of street lights TXU Electric Delivery Street Lighting Service Agreement Agreement does not bind City to utilize TXU Electric Delivery for installation of street lights. City is free to pursue installation of street lights through other means and/or contractors. TXU Electric Delivery Street Lighting Service Agreement Staff Recommendation: Approval TXU Electric Delivery Street Lighting Service Agreement QUESTIONS? Item 5G ZA03-070 APPLICANT: Wright Development Company REQUEST: Variance to the Subdivision Ordinance preliminary plat expiration and extend the validity of the plat of Mustang Business Park for one year. LOCATION: The property is located on the north east corner of Brumlow Avenue and State Hwy. 26. Industrial & Mixed Use View looking northwest from Mustang Drive north of the railroad tracks Preliminary Plat Expired November 4, 2005 ZA03-070 P&Z ACTION: October 23, 2003; Approved (7-0) Subject to review, providing that the developer will make his best effort to retain the existing landscape. COUNCIL ACTION: November 4, 2003; Approved (7-0) subject to review and accepting the developer’s commitment to make his best effort to retain the existing landscape. Item 5G Questions? Item 5H ZA04-108 APPLICANT: Wright Development Company REQUEST: Variance to the Subdivision Ordinance final plat expiration and extend the validity of the final plat of Lot 1, Block A, Mustang Business Park for one year. LOCATION: The property is located at the northwest corner of Mustang Drive and State Highway 26. 1 1 Final Plat Expired on February 17, 2006 ZA04-108 P&Z ACTION: February 17, 2005; Approved on consent (5-0) subject to Plat Review Summary No. 1, dated February 11, 2005, allowing a 15’ building line along Mustang Drive as shown on the plat. Item 5H Questions? Item 5I ZA06-043 OWNER/APPLICANT: Terra/Estes Park II, L.P. REQUEST: approval of a plat revision containing approximately 1.39 acres for the purpose of extending the Boulder Drive from Estes Park Phase I into Estes Park Phase IV as approved by the development plan and preliminary plat for Phase IV. The plat involves 3 single family residential lots. There is no increase in number of residential lots. LOCATION: The properties are located along the southwest cul-de-sac of Castle Rock Drive and Boulder Drive. View looking South Approved Development Plan & Preliminary Plat, Phase IV Previously Approved Final Plat, Phase I ZA06-043 P&Z ACTION: Approved (4-0) subject to Plat Review Summary. Item 5I Questions? Item 5J SP06-235 APPLICANT: Chandler Signs on behalf of Fossil OWNER: SLTS Grand Avenue, L.P. LOCATION: 324 Grand Avenue West REQUEST: Variance to the Southlake Town Square Grand Avenue District conditional sign permit requirements for the number of signs: SP06-235 Tenants within the colonnade sub-district are permitted: 1 fascia sign at the storefront inside the colonnade 1 pedestrian blade sign inside the colonnade 1 fascia sign at the colonnade face 1 building blade sign at the colonnade face The area of all signs may not exceed 1 x width of lease space. Fossil currently has: 1 fascia sign at the storefront inside the colonnade 1 fascia sign at the colonnade face 1 blade sign at the colonnade face Total area of existing signs = 22.5 s.f. Fossil is permitted 30 s.f. of signage. The requested sign is approximately 4.5 s.f. Location Map Site Plan Proposed Sign Proposed Sign Item 5J Questions? Item 5K SP06-248 APPLICANT: Harkins Theatres OWNER: SLTS Grand Avenue, L.P. LOCATION: 1450 Plaza Place REQUEST: Modifications to the Conditional Sign Permit for Southlake Town Square Grand Avenue District for Harkins Theatres. The most significant change being the removal of the “Cine Capri” logo from the east side of the building and adding a copy line advertising “Cine Capri” on the north side of the building facing S.H. 114. All other signs have either been reduced in size or are the same as previously approved Location Map Site Plan S.H. 114 Sign Plan North Modification for Sign B Add “Cine Capri” Advertising Copy Modification for Sign D Remove “Cine Capri” Logo Previously Approved Sign B North Elevation Proposed Sign B Modification Request Previously Approved Sign D (East Elevation) South Elevation Previously Approved Sign C New Sign D (smaller than previously approved) New Sign C (same as previously approved) No variances/modifications required Previously Approved Sign A New Sign A (smaller than previously approved) No variances/modifications required Item 5K Questions? Item 7A ZA05-169 OWNERS: Sunnybrook Properties, Inc. and Derrell & Kitti Johnson APPLICANT: Mady Development Corp. REQUEST: Approval of a zoning change and development plan for “R-PUD” Residential Planned Unit Development District. LOCATION: The property is located at 2440 Johnson Road and has frontage on both Johnson Road and Randol Mill Avenue. Plan Presented at the 4/18/2006 City Council Meeting = lot eliminated Revised Plan ZA05-169 QUESTIONS? Changes from the previous plan Land Use Recommendations Existing LUP Designation - Low Density Residential. The proposed development does not meet the criteria for LD-Residential. Definition of LD-Residential – “detached single-family residential development at a net density of one or fewer dwelling units per net acre”. The Environmental Resource Protection Plan recommends the protection and enhancement of critical environmental and natural features, including trees and ponds. Environment Resource Protection Johnson Road Randol Mill Avenue View looking East along Johnson Road View looking East along Johnson Road View looking onto property from Johnson Road View looking North along Randol Mill Ave at area of proposed entrance to Johnson Place ZA05-169 Under the “R-PUD” zoning the applicant proposes the following: This Residential Planned Unit Development shall abide by the “SF-20A” Single Family Residential Zoning District and the Subdivision Ordinance No. 483, as amended, with the following exceptions: Lot Area: 15,000 square feet. Front Yard: 35 feet, except lots in cul-de-sacs shall have a front yard setback of 30 feet. Side Yard: 10 feet. Side Yard Adjacent to a Street: 20 feet. Lot Width: 80 feet. Rear Lot Width: A rear lot width of 125 feet adjacent to certain lots shall not apply. Buffer Lots: Buffer lots adjacent to certain lots shall not apply. Curvilinear Street Design: A maximum street centerline of 1600 feet. Sidewalks: Sidewalks on both sides of street except when “Internal Project Trail” is shown (6 ft). ZA05-169 Site Data Gross Land Area: 43.42 Acres Net Land Area: 35.97 Acres Area of R.O.W.: 7.45 Acres Number of Lots: 69 lots *54 single family residential *15 common areas Open Space 10.38 Acres / 23.91% Gross Density: 1.24 du/acre Net Density: 1.50 du/acre Average Lot Size: 0.46 Acres (±20,110 sq. ft.) Revised Development Plan ZA05-169 P&Z ACTION: Approved (4-2) subject to Development Plan Review Summary No. 3, dated March 3, 2006; deleting lot 24; requiring a temporary cul-de-sac; following the guidelines of the fire marshal; accepting the tree survey and the R-PUD development plan and the pedestrian access plan; accepting the developer’s commitment in his letter dated February 20, 2006, which is attachment C, page 10 of the staff report; and, accepting the developer’s commitment to aerate the ponds. ZA05-169 COUNCIL ACTION: Approved first reading (5-1) noting the applicant will come back on 2nd Reading with a reduction of a minimum of five lots and will provide specific fence design standards; subject to Development Plan Review Summary No. 3, dated March 3, 2006; and noting that while this plan is non-compliant with our low density Land Use Plan designation, it follows the general idea of what Council wants on this site due to the open space, the reduction of lots, and the overall plan. Originally Submitted Development Plan First Revision - Development Plan Second Revision – Development Plan Plan Presented at the 4/18/2006 City Council Meeting Item 7a Questions? Item 7B ZA05-146 Proposed Site Plan Under Existing “C-2” Zoning OWNER: Thomas Stephen / The White House Exe. Center, L.P. APPLICANT: GSO Architects REQUEST: Approval of a Site Plan. An alternate site plan for consideration under the existing “C-2” zoning with no zoning change. LOCATION: The property is located at 410 W. Southlake Blvd, at the Southlake Blvd entrance to Bicentennial Park. ZA05-146 Site Data ( “C-2” Plan) Gross/Net Land Area: 1.35 acres Number of Lots: 1 Total Square Footage: 9,800 sq. ft. -1,800 sq. ft. restaurant -8,000 sq. ft. retail Parking Required: 58 spaces Parking Provided: 58 spaces Impervious Coverage: 69.92% (41,234 sq. ft.) Revised Site Plan Stacking: Req’d = 75’ Prop. = 50’ Spacing: Req’d = 250’ Prov. = 219’ Spacing: Req’d = 250’ Prov. = 80’ ZA05-146 P&Z ACTION: Approved (6-0) Recommended approval preferring the S-P-1 plan, also approving the alternate site plan and approving requested variances. ZA05-146 QUESTIONS? View looking East along W. Southlake Blvd W Southlake Blvd Bicentennial Park Currently Approved Plan Currently Approved Elevations Previous Site Plan Stacking: Req’d = 50’ Prop. = 22’ Spacing: Req’d = 250’ Prov. = 219’ Spacing: Req’d = 250’ Prov. = 80’ *Requesting 10% reduction in parking *Requires Access Agreement w/City Variance to Corridor Overlay Masonry Standards to allow stained tilt wall ZA05-146 Changes from previous plan: Item 7B Questions? Item 8A ZA05-146 “S-P-1” Zoning and Site Plan OWNER: Thomas Stephen / The White House Exe. Center, L.P. APPLICANT: GSO Architects REQUEST: Approval of a Zoning Change and Site Plan for “S-P-1” Detailed Site Plan District zoning. LOCATION: The property is located at 410 W. Southlake Blvd, at the Southlake Blvd entrance to Bicentennial Park. ZA05-146 “S-P-1” Zoning & Site Plan Under the “S-P-1” zoning the applicant proposes the following: “C-2” Local-Retail Commercial District uses and development regulations Side Yard – Not less than 10’ from the east property line Masonry – Concrete tilt wall with a stained finish shall be permitted to comply with exterior masonry requirements ZA05-146 Site Data Gross/Net Land Area: 1.35 acres Number of Lots: 1 Total Square Footage: 12,548 sq. ft. -2,200 sq. ft. restaurant -9,998 sq. ft. retail Parking Required: 72 spaces Parking Provided: 65 spaces (10% reduction) Impervious Coverage: 68% (246,398 sq. ft.) Proposed Site Plan Proposing 10’ Side Yard Setback Stacking: Req’d = 50’ Prop. = 41’ Spacing: Req’d = 250’ Prov. = 219’ Spacing: Req’d = 250’ Prov. = 80’ *Requesting 10% reduction in parking *Requires Access & Parking Agreement w/City ZA05-146 P&Z ACTION: Approved (6-0) Recommended approval preferring the S-P-1 plan also approving the alternate site plan and approving requested variances. ZA05-146 QUESTIONS? Item 8A Questions? Item 8B ZA05-167 OWNER: Ottis F. Collins, Sr., James H. Martin, Shunail Corp., Inc., and David L. Brown APPLICANT: Winkelmann & Associates, Inc. REQUEST: Approval of a zoning change and concept plan from “C-3” General Commercial District and “SF-1A” Single Family Residential District to “S-P-2” Generalized Site Plan District with “C-2” Local Retail Commercial District uses. LOCATION: The property is located at the northwest corner of W. Southlake Boulevard and Randol Mill Avenue. Land Use Recommendations LUD: Retail Commercial, Office Commercial, and Low Density Residential with a T-1 optional designation. This development as proposed is not fully consistent with the Future Land Use Plan (specifically Lots 3, 4, and 5) Land Use Recommendations Site Specific Recommendation (from the Davis Blvd/F.M. 1938 Corridor Plan): Locate lower intensity office uses and/or residential uses on the northern portion of the property to provide a transition to the existing residential to the north. The proposed development includes office uses on the northern portion of the site. Provide connectivity within the site and to properties to the west. The proposed development provides pedestrian and automotive connectivity throughout the site and to the property to the west. This site should be master-planned with properties to the west. The property to the west is currently being developed separately. Randol Mill Ave. W. Southlake Blvd (FM 1709) View looking West across FM 1938 View looking Northwest across the intersection of FM 1709 and FM 1938 ZA05-167 Under the “S-P-2” zoning the applicant proposes the following: This development shall abide by the “C-2” Local-Retail Commercial Zoning District with the following exceptions: “C-2” Local-Retail Commercial District uses and development regulations to exclude the following uses: Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping Tire batteries and automobile accessory sales Impervious Coverage – Max. overall not to exceed 75%, individual lots may exceed 75% Side Yard – Not less than 10’ Floor Area – Max area may exceed 40,000 square feet per structure but may not exceed 50,000 square feet Parking – 1 space per 250 square feet for entire development Bufferyards – Bufferyards along interior lot lines shall not be required Screening – A 6’ wrought iron fence with brick columns every 40 ft and an opaque, evergreen plant screen with a minimum height of 8 ft along the north and northwest property lines Articulation – Horizontal and vertical articulation permitted for Lots 2 through 4 as shown on building elevations ZA05-167 & ZA06-168 Site Data Gross Land Area: 9.74 acres Net Land Area: 9.26 acres Number of Lots: 5 lots Total Square Footage: 72,115 sq. ft. -49,352 sq. ft. retail/restaurant -23,508 sq. ft. office Parking Required: 291 spaces Parking Provided: 351 spaces Impervious Coverage: 70% (283,663 sq. ft.) Proposed Rendering Comprehensive Plan Stonebridge Park I & II and Town Lake Crossing Site Plan Stacking Depth: Req’d = 100’ Prov. = ±97’ Stacking Depth: Req’d = 100’ Prov. = ±87’ Driveway Spacing: Req’d = 500’ Prov. = ±228’ & ±426’ ±228’ ±426’ *Proposing 10’ Side Yard Setbacks *Proposing 6’ wrought iron fence with brick columns every 40 ft and an opaque, evergreen plant screen with a minimum height of 8 ft *Proposing parking ratio of 1 space per 250 square feet for entire development. * Proposing that Bufferyards along interior lot lines shall not be required Intersection Improvement Plan Intersection Improvement Plan Proposed Elevations – Retail Site Articulation: Min. Length = 11’ Length Prov. = 7’ Proposed Elevations – Chase Bank Proposed Rendering – Office Site (future) Proposed Rendering – Office Site (future) *Proposing to use similar style design as Chapel Hill Office Park Proposed Plat Revision ZA05-167 P&Z ACTION: Approved (4-0) subject to review, granting variances for spacing; granting variance for stacking; Noting applicant’s willingness to provide a temporary turn lane on Randol Mill; provide a right in/right out only on the southern driveway cut; to provide unified amenities as presented; recommending a yield sign for the east bound FM 1709 to the southbound Davis Blvd. intersection. ZA05-167 QUESTIONS? Item 8B Questions? Item 8C ZA05-164 OWNER: Mills Custom Homes APPLICANT: Jay Wasserman REQUEST: First reading for approval of a change of zoning from “RE” Single Family Residential Estate District to “R-PUD” Residential Planned Unit Development District on approximately 3 acres. LOCATION: 520 W. Highland Street, being a portion of Lot 1, Block 1, Arnold Estates View looking South at W. Highland St. Shady Oaks Dr. W. Highland St. View looking West along W. Highland St. View looking North onto 520 W. Highland St. at existing residence Proposed RPUD Regulations Shall permit all SF-1A district uses and regulations with the following medications: Minimum 4000 SF floor area for residence Maximum of 2 accessory buildings not to exceed 2,500 SF total Minimum of 80% masonry or stucco on exterior of residence Preservation easement to allow fencing and driveways only, with no tree removal except for dead or diseased trees in compliance with Tree Preservation Ordinance and approval of the City’s administrative official. ZA05-164 & ZA06-165 Site Data Zoning Change Boundary Gross Land Area: 2.96 Acres Plat Revision Gross/Net Land Area: 2.96 acres Number of Lots: 2 lots Gross/Net Density: 0.68 du/acre Average Lot Size: 1.48 acres (64,469 sq. ft.) Development Plan Development Plan 20% Preservation Area Buildable Area Expected Home Elevations ZA05-164 P&Z ACTION: Approved (4-0) limiting the R-PUD to a one building lot with front 20% designated as a preservation area as presented; and, indicating the trees in 20% preservation area remain as is, except for in cases of disease or safety reasons. Also, to allow fencing in that area if needed, and driveways in that area if needed. ZA05-164 QUESTIONS?