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Item 7C Responses
Message Page 1 of 1 Lorrie Fletcher From: Tara Brooks Sent: Thursday, April 22, 2004 8:08 AM To: Lorrie Fletcher Cc: Lori Farwell Subject: FW: Case # ZA04 -006, Zoning Change and Site Plan for Lot 1, Block 4, Timarron Phase One, Section Two, Bent Creek --- -- Original Message---- - From: _ Sent: Wednesday, April 21, 2004 10:16 PM To: Lori Farwell; Tara Brooks; ron.kulp @verizon.net Subject: Case # ZA04 -006, Zoning Change and Site Plan for Lot 1, Block 4, Timarron Phase One, Section Two, Bent Creek This letter is directed to the attention of the Planning & Zoning Board meeting scheduled for April 22, 2004 in reference to case: Case # ZA04 -006, Zoning Change and Site Plan for Lot 1, Block 4, Timarron Phase One, Section Two, Bent Creek, located at 175 E Continental Drive, Southlake, TX We wish to provide support to the request of Mr. Tamer for his Zoning Change and Variance prov he rrL@-Ijy agrees to the pr ovisio ns of the n egoti ation s wit the Tim arron Ow ners As (TUA).. This would protect the TOA and its members from a future unscrupulous property owner that could greatly detract from the PUD environment and the overall portrayal of Southlake In its highly visible location and being embedded within public TOA grounds, the upkeep of this property and its compliance to TOA covenants and restrictions is very important for economic and public safety reasons. It is advantageous for the TOA and its membership to have supportive property owners in that property and to maintain that "supportive" character in the future. With P &Z's and City Council's support, we believe all parties can win in this negotiated settlement Mr.. Tamer bought this property on speculation that he could get this Zoning Change and Variance It is unfortunate that his speculation seems to be swaying several P &Z members toward accepting the changes, To that l must say, two wrongs do not make a right. Please, in your deliberations, do not consider one person's business decisions as a cause for approving a zoning change or variance request, By having you on the P &Z, we have entrusted you with doing the right thing for the City of Southlake and its citizens.. One additional note, Mr. Tamer has stated his dream to walk to work is accomplished by establishing his business in this property. This dream could have been accomplished with a walk that is only 200 yards longer. There is ample vacant space in the existing commercial properties at the comer of Whites Chapel and Continental to accommodate Mr.. Tamer's business. Thank you for your support Edwin J Goodwin, III Patricia Goodwin 1300 Bent Trail Circle Southlake TX 76092 4/22/2004 Morrie Fletcher From: Sent: Monday, April 19, 2004 9:39 AM To: Lorrie Fletcher Subject: Tamer Building Dear Mr, Stansell, I am writing to express my SUPPORT for the proposed zoning changes to the .former Timarron information center building located on Continental Dr, Mr. Tamer only has the best intentions for using the building and is willing to cooperate with the TOA in maintaining high standards for the community. The building has always been used as an office, and no change in activity or appearance will occur when the building is occupied by him. In fact, he has already made improvements by replacing the roof! Mr. Tamer is an outstanding citizen and businessman in Southlake and should be extended the right to use his building for its intended purpose, I find it wonderful that his goal is simply to be able to walk to work. Thank you for your fair consideration of this simple situation. Sincerely, Deanna Eubank 817 -442 -9389 Page 1 of 1 Lorne Fletcher From: Sent: Thursday, April 22, 2004 12:97 PM To: Lorrie Fletcher Subject: Timarron property Hi there, I just wanted to take a minute and say that I am all for Mr Tamer having his business at the building adjacent to the Timarron property on Continental Blvd. He is a resident of Timarron and has only 5 people in his business, really don't see what all the fuss is about. I would much rather have him there than a daycare center or some other business that would have a lot of traffic I live in Timarron, and 1 would be happy to see Mr. Tamer's business go in there. Sincerely, Laura Parrish 4/22/2004 Page 1 of 1 Lorrie Fletcher From: Sent: Thursday, April 22, 2004 4:43 PM To: Lorrie Fletcher Subject: Case # 04 -006 My name is Anna Roberts and I reside at 190 Creekway Send in the Bent Creek subdivision of Timarron. I am unable to attend the zoning meeting tonight re: the above - referenced case number but I would like to voice my OPPOSITION to the re- zoning request. 1 DO NOT want to see the lot in question re -zoned to commercial. Thank You - Anna Roberts 817 424 -5576 4/22/2004 Page 1 of 1 Lorne Fletcher From: n] Sent: Thursday, April 22, 2004 10:50 AM To: t.orrie Fletcher Subject: Proposal to Fie -zone Timarron Information Center To: Southlake City Council Zoning Committee We are unable to be at the zoning meeting tonight, but wanted to express our opinion regarding the decision to re -zone the "Information Center" land at the Bent Creek Recreational Area. We were horrified to hear that a proposal to re -zone the "Information Center" to commercial. From a property value and esthetic concern, that area should be left completely recreational. We are new in the area, but had no idea that any of the park area was not Timarron property and could be sold. Once sold, the neighborhood does not have control over it's use, Even if Mr. Tamer agrees to keep in in accordance with Timarron landscape and architectural guidelines ( "for ten years "), the next owners may not. Issues regarding water, maintenance, parking, and possible building expansion on the site are going to surface. The owner may also disallow the use of the sidewalk /parking lot that runs on that property eliminating the ability for walkers to circle the lake. There is plenty of office space to lease on the corner of Continental and White Chapel, please encourage Mr. Tamer to locate is business there and deny this request. This property should not have been sold to an outside party without the Timarron residents knowing that it was even for sale. Now we have an even more difficult situation. We do not want office space in the park! H H H Thank you, Ann and Michael Watt 1204 Strathmore Drive Southlake, TX 76092 amwatt 4/22/2004 Page I of I Lorrie Fletcher From: )ml Sent: Thursday, April 22, 2004 8:96 AM To: Lorrie Fletcher Subject: Case # 04 -006 My name is Roger Silva Address: 206 Brookview Court Southlake, TX 76092 I am writing this email to let you know that I am opposed to the re- zoning of the property located at Bent Creek Drive and Continental BLVD. Regards, Roger Silva 4/22/2004 Page 1 of I Lorrie Fletcher From: Sent: Saturday, April 17, 2004 7:59 PM To: ron.kulp @verizon..net; Lorrie Fletcher; redsooner @charter.net; xlan11 @charter.net Subject: RE: Planned re- zoning of 175 E. Continental Blvd. Just a short note to you, the members of the P & 2 committee for Southlake: Please do not approve the rezoning of the information office of Timarron for use as an individual's office. The developer sold the property without any notification to the residents of Timarron and many of the homeowners of Timarron do not wish another office to be situated in the heart of our development. Kent A. Taub, MD (Cent A. Taub, MD 613 Fairway View Terrace Southlake, TX 76092 817-329-4470 hm 817- -251 -9334 fax 214 - 512 -2645 beeper 4/19/2004 Page 1 of 1 Lorrie Fletcher From: Sent: Sunday, April 18, 2004 12:02 PM To: Lorrie Fletcher Subject: Zoning change to the Bent Creek Info Center To the Zoning Commission: While this might not be the correct way to express concern on the rezoning of the Bent Creek Information center, I wanted to be sure the zoning commission was made aware that many residences "are" concerned about the issue. While we were "officially" notified of the zoning proposals, many issues were not surfaced at that time. Examples include losing access to the sidewalk, the turning off of the fountain, the partial destruction of the information sign, All these changes have or will have significant impact to the "look and feet' of the park and the common area. While the original land developer was "smart" enough to exclude this property from Homeowner restrictions (while making it "seem" included) one just needs to look at the building and the environment to understand that it really is a seemless extention of the common, pool, park and lake area. The building design, flower beds, sidwalks, walls are all identical to the rest of the area I believe this property sound be "treated" like the other buildings around the lake. I believe the building is as much as part of the development as the entrance gates or signs, Dozens of times a day we pass within a few hundred feet of the structure (either walking or driving) and it "greets" us to our neighborhood. This is not office building on Southlake Blvd but a park directly in the middle of a developed neightborhood. I plan to attend this weeks planning session. Thanks for taking the time to read my comments.. Paul M. Cohen 1470 Bent Trail Circle Page 1 of 1 Lorrie Fletcher From: Sent: Saturday, April 17, 2004 9:45 AM To: Lorrie Fletcher Cc: John Lovick; Graham Lane; Paul Thompson; Linda Curry: Sue Eckersley Subject: Protest of proposed zoning change to portion of Timarron park area Attn: Vernon Stansell. Good morning Vernon, I am writing to you today to go on record as a Timarron homeowner against the proposed zoning change for the Information Center property located in the Bent Creek park. My husband and I have detailed our concern regarding this proposed zoning change in a letter to the P & Z Board, which is attached to this e-mail as a Word document. Please see attached, Thank you Marcy Carter - Lovick 960 Bent Trail Drive Southlake, TX 76092 4/19/2004 Page 1 of 1 Lorrie Fletcher From: Sent: Monday, April 19, 2004 9:57 AM To: Mayor; Place 1; Place 2; Place 3; Place 4; Place 5; Place 6; Lorrie Fletcher Cc: Subject: Case: # ZA04 -006, Zoning Change and Site Plan Protest Petition Form Case: # ZA04 -006, Zoning Change and Site Plan for Lot 1, Block 4, Timarron Phase One, Section Two, Bent Creek, located at 175 E. Continental Drive, Southlake, TX 1 was recently notified there is an imminently pending zoning request for the former Timarron Information Center located at 175 E. Continental Boulevard and that this property was sold and the zoning request is to now make this property available for office use I am aware, the walking path around the community lake bisects this property and the controls for the lake's fountain are located in that building, The original sales representatives of Timarron (1993) informed us this land belonged to the community.. I am opposed to this zoning change and I am concerned over the future use of this property. I understand some of the Timarron Homeowners have met with the new owner and have been working to at least gain the following restrictions and contractual commitments to its future maintenance and aesthetics.. It is the collective view that these are the minimum requirements. Proposed restrictions and commitments being requested: • Property comes under Timarron Owners Association ( TOA ) which includes architectural review • A more restrictive 0 -1 Office zoning than he is requesting, further limiting types of uses to (Law, Accounting, Architecture, or Management Consulting offices only) • The property is for the use of the owner's business only, no subleasing • Facility use is restricted to the owner and his immediate family use, Does not include employees or clients • TOA is not responsible for any landscape problems if the pond pump breaks or has problems that prevent normal landscape watering • The exterior of the building must never be changed; the existing building never enlarged; no other structures built or placed; the property never subdivided • No fencing or other shielding of the property, especially anything connected with the pond • Water Lilies as a buffer are unacceptable • The owner has stated that he would be willing to irrevocably deed unrestricted egress and ingress to the property and sidewalk, but this cannot be legislated by the P &Z and needs to be written by a lawyer so that it is tied to the property and not personally to the owner. This way it is passed along to subsequent owners • The irrigation system /fountain controls are still an issue We do not take lightly the commercial rezoning of what should be residential and community land. Sincerely, Lisa A. Adam 1445 Bent Creek Drive Southlake, TX 76092 817- 421 -0513 Jean - Claude Adam 1445 Bent Creek Drive Southlake, TX 76092 817 -42 -0513 4/19/2004 Lorne Fletcher From: > Sent: Tuesday, April 20, 2004 10:08 AM To: Lorrie Fletcher Subject: Zoning for 975 E Continental Blvd, Planning and Zoning Commission, It has been brought to our attention that there has been a rezoning request for the building located at 175 B. Continental Blvd. As a resident of the Bent Creek Sub- division I am strongly opposed to this request. This building is located on a walking path that borders a lake, play ground and the main recreation area for Timarrcn residents. This path circles a lake and is a wonderful area for families to walk and a safe place for young children to ride their bikes. I .feel that an office in that location would not only increase traffic flow but would create a danger for families and children that often use this area to walk. There is also the possibility that the path would be blocked and we could not longer utilize the walkway. I realize that the board is in a difficult position, however please consider the following points. ** Location for the office is in the middle of a residential Pool, play ground and tennis courts all within 50--75 yards ** Property value of homes will be effected. ** Building does not meet city requirements for an office. ** Increase of traffic creates a safety concern with all the ** An residential area is for families not business. I appreciate you time and consideration in this matter. Sincerely, Molly Moses 1445 Bent Trial Circle area and common ground, . of the building. children in the area.. 1 Message Lorrie Fletcher From: Lori Farwell Sent: Monday, April 19, 2004 10:50 AM To: Lorrie Fletcher Subject: FW: Lori Farwell, City Secretary 1400 Main Street, Suite 270 Southlake, Texas 76092 (817) 481 -1519 - - - -- Original Message---- - From: Sent: Monday, April 19, 2004 1.0:47 AM To: Mayor Subject: Page 1 of I I am a delegate to the board of TOA. I live in Bent Creek. The attached letter spells it out better than I could, I might add, as a delegate I was left in the dark. Our current board has NOT shared their information. We have plenty of commercial property on the corner of White Chapel and Continental; we don't need it IN Timarron. Please deny this zoning request!!!! Thanks, Ginny & Bill Elder 180 C.reekway Bend Southlake, TX 76092 817 -488 -0344 4/19/2004 Page 1 of 1 Lorne Fletcher From: Sent: Monday, April 19, 2004 11:29 AM To: Lorrie Fletcher Subject: Protest of zoning changelTimarron Park Area As homeowners in the Bent Creek addition of the Timarron Development, we protest the proposed zoning change for the area around the information center in the Bent Creek park area Michael Tanner, who recently purchased a portion of the park area including the sales office, is requesting that it be re -zoned commercial This park area is the entrance to our sub - division which has been enjoyed by families on a daily basis for over ten years and was a selling point for 'Cimarron Development when we purchased and built our homes We strongly protest Mr Tamer's request for commercial zoning of this area and for the numerous variances that he is requesting from the Planning and Zoning Commission Southlake P &Z has a reputation for protecting single family residential zoning and not allowing commercial interests to overrun neighborhoods at the expense of the homeowners who have invested in Southlake Mr Tamer's recent actions in acquiring this area and comments to concerned homeowners show that he is not a good neighbor and is not willing to work with the Timarron Owners' Association to protect our sub - division We will be attending the P &Z meeting on Thursday, April 22, and will continue to follow this matter to its conclusion Please help us protect our homes, our neighborhood and our investment by denying this request for zoning change Thank you for your time and attention in this matter. Cody and Linda Curry 1400 Bentley Court Bent Greek Addition/Timarron Southlake 4/19/2004 Message Page 1 of 1 Lorrie Fletcher From: Lori Farwell Sent: Wednesday, April 21, 2004 11:52 AM To: Lorrie Fletcher Subject: FW: Proposed Zoning Change and Site Plan - Lot 1, Blk. 4, Timarron Phase One, Sect. Two, Bent Creek 175 F. Continental Lori Farwell, City Secretary 1400 Main Street, Suite 270 Southiake, Texas 76092 (817) 481 -1519 ----- Orioinal Message - - - -- From: Sent: Tuesday, April 20, 2004 7:11 PM To: Mayor; Place 1: Place 2: Place 3; Place 4; Place 5; Place 6; ron.kuip @verizon.net Cc: C Subject: Proposed Zoning Change and Site Plan - Lot 1, Blk. 4, Timarron Phase One, Sect. Two, Bent Creek 175 F. Continental As an attempt to communicate via written notice our opinion on the proposed zoning change: We oppose the sale and subsequent negotiations of the referenced property to Mr'. Tamer. When we purchased our home at 1370 Bent Creek Drive in July 2003, we did so with understanding that this property would never be commercially- zoned We also were under the impression that this property would always function for parks /recreation -use and a Timarron community facility. Our expectation is that the 1" e'sideiiiialIItolfieoll ".5 association OWNED "feel" of our neighborhood will remain in tact.. Monique and Evan Oliveaux 1370 Bent Creek Drive 817 - 329 -0452 Home 817 - 474 -9435 Work 4/21/2004 Message Lorrie Fletcher From: Lori Farwell Sent: Wednesday, April 21, 2004 11:53 AM To: Lorrie Fletcher Subject: FW: Planning and Zoning committee- Case #za04 -006 Timmarron Bent Creek Recreational Area Lori Farwell, City Secretary 1400 Main Street, Suite 270 Southlake, Texas 76092 (817) 481 -1519 ----- orloinal McSSanP - - - -- From: . Sent; Tuesday, April 20, 2004 8:53 PM To: Mayor Subject: Planning and Zoning committee- Case #za04-006 Timmarron Bent Creek Recreational Area Page 1 of 1 I have lived in Southlake for the last 5 years. I chose to live here because it was a planned community. I looked at houses in Colleyville but I did not like the mix of residential and commercial properties in the same neighborhood. I chose to live in the Sent Creek section of Timarron because I liked the park and recreational area. I have just learned that the new owner of the property on Continential and Bent Creek Drive would like the property rezoned to commercial I am opposed to any rezoning of this property. This is a park where my children play daily. If the Planning and Zoning committee does not approve this change, it is my understanding that the City council can overturn this decision. This rezoning has upset many of the homeowners in Timarron I would not support any council member that would even consider any rezoning to this property, This is not a fight the City Council would be wise to get involved with . I saw what happened to the school board when the parents got together against the restructuring of the elementary school this year. There will be another uprising if the City Council would vote in favor of any rezoning of this property. Linda Robinson 4/21/2004 T c ' A (? page 1 of 1 Lovick, John From Sent: Thursday, April 22, 20041'.28 PM To: Lovick, John Subject: Fw: Change in Zoning Can you bring copies of this e-mail message [10] with you as well? - - - -- Original Message ----- From To. i Sent: Saturday, April 17, 200412:52 PM Subject: Change in Zoning Just a quick thank you for putting together the informational update and for your active role in this situation. As a home owner on Bent Creek Drive (1415 Bent Creek), I do not understand how this parcel could be even considered for commercial use and re- zoning as it is really the entrance to our neighborhood and sets the tone and feel. This park area was a determining factor in us purchasing in Bent Creek and my Kids have spent countless hours using the facilities and playing down there. You have our full support and can add our names to any petition to stop this action. Unfortunately, I will be out of town on the 22ND of April but please stand tall and strong and get this back into our hands. I think I was originally told that this structure would be turned over to the home owners association and it would be made into a workout facility. Much success and thank you againt Dave and Teri Nottoli 4/22/2004 Property Own& Response Form Reference: ZA 0 q —CD C) l irnb , �,d �a-,- Being the owner(s) of the property so noted, do hereby favor op ase (c cle or underline one) the proposed rezoning of the above referenced AQ 'xJ Signature Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 NAComm€anity DevelopmentlWP- F]L.ESIFORMSIofficial petition doe Property Owner Response Form Reference: ZA RQAk aaa Being the owner(s) of the property so noted, do hereby favor CO—LP--O--S-:I- circle or underline one) the proposed rezoning of the above referenced property. Signature Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 NACommunity DevelopmentlWP- FiLES\FORMSIofficial petition doc Property Owner Response Form Deference ZA C) y -o (D 6 I, �onrc�. dos�}or -�h Being the owner(s) of the property so noted, do hereby favor�oppos circle or underline one) the proposed rezoning of the above referenced property. Signature Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 NACommunity Development\WP- IL.ES\FORMS \official petition doc Property Owner Response Forrn Reference: ZA 04 _ Q 0 (' Being the owner(s) of the property so noted, do hereby favor /(oppose circle or underline one) the proposed rezoning of the above referenced property. Signature Return or Mail to: City of SouthIake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 4 - -, 2.f -o Date NACommunity Development \WP- FIL.ESIFORMSIofficial petition doc Property Owner Response Forn: Reference: ZA Q `1 ` 6 'S"' L � a' -e t - 9'17 -4$,5 - c3 /)J Being the owner(s) of the property so noted, do hereby favor / oppose cis - cle or underline one) the proposed rezoning of the above referenced property. y/ zr `4�7..Y Signature Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite .310 Southlake, Texas 76092 Date NACommunity Development \NVP- F1L.ESIFORMS1ofEcial petition.doc Property Owne-r Response Form Reference: ZA O tj - a D (o -Ix-,� " 9 o Lj A. RECD A P R 21 2004 �v- Q-1V-\ W Being the owner(s) of the property so noted, do hereby favor o vs circle or underline one) the proposed rezoning of the above referenced property. L6 4 L�n Y::-_ 4 �L Signature `Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 31 Southlake, Texas 76092 NACommunity Deve lopment\WP- FIL.ESIFORMSlofficiai petition doc Property Owner Response Forin Reference: ZA 04- 6 I, DAG+w %i•�,t7A,�c , I3, �.✓ �.g� C'.ptC�� 5ov��i�.�ir��r� Being the owner(s) of the property so noted, do hereby favor /� (circle or underline one) the proposed rezoning of the above referenced property. Si Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 NACornmuniry Development \WP- FILES\FDRMS1official petition doc Property Owner Response Form Reference: ZA d q G 0 L c4ec c-2 4S Creeww�tj 15 Being the owner(s) of the property so noted, do hereby ,favor /oppose {circle or underline one) the proposed rezoning of the above referenced property. Signature l O Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 NACommunity Development \WP- FTL,ESIFOR- MSloflieial petition.doc Property Owner Response Form , Reference: ZA 1 , " S �f Being the owner(s) of the property so noted, do hereby favor/ ppose {circle or underline one) the proposed rezoning of the above referenced property.. 61 Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 NACommunity DevelopmentlWP- FILlwS\FORiMS!official petition doe Property Owner ,Response Form Reference: ZA 0 1 a 6 6 ! � r et i(` / k c� Being the owner(s) of the property so noted, do hereby favo /oppose (c'rcle or underline one) the proposed rezoning of the above referenced p perry. gnature Return or Mail to: -//// 5 IJ � D to City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 NACommunity Development \WP- FILESIFORMSIof'#icial petition doc Property Owncir Respoizse Form Reference: ZA C) Y Being the owner(s) of the property so noted, do hereby favor/ ppose circle or underline one) the proposed rezoning of the above referenced pra Egnature Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 NACommunity Development \WP- FILESIFORA4Slof6cial petition.doc Property Own& Response Fora: Referen ce: ZA © y - CLO 6- REC'Q A PR 2 { 2004 Being the owner(s) of the property so noted, do hereby favor/ ose I ircle or underline one) the proposed rezoning of the above referenced pr rty Signature Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 75092 ql--- Y Date NACommunity Development \WP- FIL.ESIFORMSIofficial petition doe Property Owner Response Forin Reference: ZA Q L - 0C3 (, RECD APR 2 0 2004 L Being the owner(s) of the property so noted, do hereby favor/ pos (circle of° underline one) the proposed rezoning of the above referenced pr erty, AL ignature Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 NACommuniry Development \WP- FIL.ESIFORMSIofficial petidon.doc Property Owner Response Form Reference: ZAOLl — oe) �' Being the owner(s) of the property so noted, do Hereby , favor / ose (circle o underline one) the proposed rezoning of the above referenced property. V, (/ Signature Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 Date WCommunity Development \WP- FILESIFORMSIofricial petition.doe Property Owner Response Form Reference: ZA O Il - o0(, 1, C/,y /�/n/ /''J. Fla- � er1 17o GReel -ea i -Y ee,J c( Sour - A/4q z TX - 76 0 9a Being the owner(s) of the property so noted, do hereby ,favor o ose circle or underline one) the proposed rezoning of the above referenced property. C7 Return or Mail to: 2 ItAe e � '.STR i CTw �' 'v "� L'J �1c�' 'ZoNinlg. City of Soutl�lalce 3' 4c us e O N Z 17� r vo fit, 6 lea- 5 i , Planning Department X/ GI SC ke.5 r Icte-4 t 7 ClW NIe le 1400 Main Street, Suite 310 Southlake, Texas 76092 ?aR aJOr P- e- SPorJs /ite -Ct � " 16AA4 s C..Ape t dnv,b /ems . 6. 6r- 7`&g Mu.s - r Ne- veR_ 6e e t-ke r r es 64(; /7 /N e- vele, 7 g . r re u osq- b -(� dee. cl e Tres s -F NAC-ommunity Development \WP- FILESIFORMSlofficia[ petition.doc �/`QOSecd �'e S f -� rc TGDN S Property Omer Response Form Ref eren c e: ZA (> i -- 0 RECD A PR ` � - -0 U *7 ( c L) k i ei e La v', vi (0 P " P"' �-) ) Being the owner(s) of the property so noted, do hereby favor oppose (c - cle or underline one) the proposed replat of the above referenced property. 6" Si Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 Date NACommunity Development \WP FIL.ESIFORMSIofricial petition doe Property Owner Response Fortn Reference: ZA p 4 4 - 0 0 ( I ` - 7o Being the owner(s) of the property so noted, do hereby favor / oppose ircle or underline one) the proposed rezoning of the above referenced property. Return or Mail to: City of 5outhlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 - T - C a �¢si � o-� . `�rrs v c&- -•k•-�o-Ar , l,t l kvi - IVo - �' wo V 1 d h b r; �k o� G�i� -� '3iv� , no+ s aver r e S r 't5 . ,�i Z+- 1 54eeM 40 be 5o Carxca_.rv\. -A. ev —C on [li -1- L io�i .�s� Sl�a�l c� �4'- �•�s a5 cc�nca rrira� 1� 4K p LZ (41 i � O w S; d-4- NACommuniry Development \WP- FII.ESIFORMSIofficiai petition doc Property Owner Response Forin Referen ce: ZA a 9 v D 6 RECD A PR 21 2004 C-r, e-/(L Being the owner(s) of the property so noted, do hereby favor/ ppose cc °cle or underline one) the proposed rezoning of the above referenced property. Signature _ Date Return or Mail to: e nlua rr'CA W % c e rs 4 ! c- f' a.. - cl City of Southlake s� r, C-4 a-V�S G to rr Planning Department 1400 Main Street, Suite 310 C.9 yt.s Southlake, Texas 76092 NACommunity Dee lopment\WP- FILESIFORMSIofficiat petition.doc Property Owne'r Response Forin Reference: ZA 0 q d 6) Being the owner(s) of the property so noted, do hereby ,favor oppose ircle or under one) the proposed rezoning of the above referenced prop y. Si Return or Mail to: City of Southlae Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 ,P—/ , ' Ietl Date REG'D APR 2 1 2004 NACommunity Development \WP- FIL.ESIFORMSlofficia[ petition doe Property Own r Response Form Reference: ZAC)L) --UO( RECD APR 2 2004 ' b 13� L) &rr Ir t(I I feL Rkr� Being the owner(s) of the property so noted, do hereby ,favor opp os)circle oi° underline one) the proposed rezoning of the above referenced property. 0 Si Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 Date NACommunity Development \WP- FIL,FS1F©RMSlofficiai petition.doe Property Own "r Response Forrn R eference: 2A O y - Q 0( I, .44 Being the owner(s) of the property so noted, do hereby ,favor/ pos circle or underline ooze) the proposed rezoning of the above referenced property. y/z z/o Signature Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 NACommunity Development \WP- FiLESIFORMSIoff`scial petition. doe Property Ownlor Response Form Reference: ZA Q �l _ � ji� � T � Being the owners of the property so mated, do hereby favo o ose (cir or underline o the roposed rezoning of the above refer Retuni or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 Date NACommunity Iaevelopmen [\WP- FILESIF©RMSIof'ficial petitionAm- Property Own& Respoi:se Form Reference: ZA b I ' 1 L HCW OSv' j Being the owner(s) of the property so noted, do hereby . favor oppose circle or underline one) the proposed rezoning of the above referenced pr y. Signature Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 a 0( Date NACommvnity D evel opment\WP- FIL.ESIFORMSIofficial petition doe Property Own& Response Farm Reference: ZA b � - b YVa _4+o-- V, 5PI4- '4--� R2 f; t cry � 1�;)' . � Lt le 0- , Tx � b q --)- Being the owner(s) of the property so noted, do hereby favor appose (c' cle or underline one) the proposed rezoning of the above referenced property. Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 NACommunity Development \WP- i~1L.FSIFORMSIofficial petition doc Property Owner Response Form Reference: zA 04,00(a RECD MAY 0 b 2004 , o U vx Being the owner(s) of the property so noted, do hereby favor / ppose (circle or underline one) the proposed rezoning of the above referenced p Signature Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 75092 NACommunity Development \WP- FIL,ESIFQRMSIofficial petition.doc April 19, 2004 Planning & Zoning Commission City of Southlake 1400 Main Street, Suite .310 Southlake, Texas 76092 Re: Proposed Zoning Change for Timarron Park Area Commissioners: This letter is to oppose the pending request by Mr. Michael Tanner to change the zoning of .94 acres of the Bent Creek park including the developer's information center located on that parcel from residential to commercial. As homeowners in the Bent Creek addition of Timarron for the past ten years, we were shocked to learn that the section in question was recently sold since the availability of that park area for use by Bent Creek homeowners was one of the selling points used by developers when we purchased our lots and built our homes. That area is the entrance to our sub - division and is used by families on a daily basis_ We have also learned that Mr. Tamer's request includes a number of variances to the current Southlake codes and requirements for commercial space, The current building's square footage, parking lot location, and "stand alone" status, all violate commercial codes. Besides the fact that walking on the path around the lake will now require us to trespass on Mr. Tamer's property, we have been told that there is only one sprinkler /irrigation system for the entire park area, and that system was not designed to allow it to be divided. The one set of controls for the electricity to the park area are located in the now sold "Information Center," The design of the irrigation and electrical system further re- enforces what homeowners were originally promised that the Information Center would be turned over to the Owners' Association when no longer needed for marketing purposes. This area was never intended to be zoned commercial. Additionally, Mr. Tamer has made it clear to concerned homeowners that he is not willing to join the Timarron Owners Association (TOA) or be governed by its restrictions even though his property would be benefiting from the common area maintenance. In fact, he has said that he will not pay for upkeep on the building if he has to wait to occupy it for commercial use. Southlake P &Z has a reputation for protecting single family residential zoning. Certainly this existing park area in the midst of a residential area should not be rezoned. Thank you for your time and attention in this matter. Sincerely, RECD APR 2 0 2004 Cody and Linda Curry 1400 Bentley Court Southlake Marcy & John Lovick 160 Bent Trail Drive * Southlake, TX 76092 [8171481-9534 mlc rr,charter.net ih1jh a,charter.net 17 April, 2004 TO: Members — Planning and Zoning Commission City of Southlake FR: Marcy and John i_ovick RE: Protest of pending `change in zoning' request for portion of Timarron park area. We have been homeowners here in the Bent Creek section of the Timarron development since 1993. Our home is the only home located directly on edge of the Bent Creek park. We are writing to you today, because just three days ago we learned that the current developer of Timarron has sold a portion of the Bent Creek park comprised of .94 acres [including the developer's information center located on that parcel] which is located between the lake and Continental. We were not even aware that the parcel was for sale. We are members of the Timarron Homeowners Association [TOA], but we are not writing to you today on behalf of the Association, or in any other official capacity. We are not members of the TOA board, nor do we serve on any committees. We are simply concerned homeowners - -- who will be directly impacted - -- who feel that the sale of and subsequent request for a change in zoning for a portion of the park area that we believe to be an integral part of the development's designated recreation area are not in the best interest of Timarron homeowners and Southlake residents. We were very surprised to learn that a portion of the park area had been sold, since at the time we purchased our home here in Bent Creek we were told by marketing representatives of the developer that the entire park area was designated recreational area for Timarron, and that the 'Information Center' which was being used at the time to market the new development would be turned over to the TOA, when it was no longer needed to distribute marketing information on the development. And, the maps in the marketing package for the development that we were given at that time did indeed show the entire park and lake area as Timarron recreational area. We have since learned that there is only one sprinkler/irrigation system for the entire park area, and that the system was not designed to allow it to be divided into separate systems. The one set of controls for the electricity for the park area - -- including the fountain located in the lake - -- is located in the "Information Center" pavilion, which is now part of the property that has been sold. The design of the irrigation and electrical systems further reinforce our belief that the developer did indeed intend to turn over the Information Center to the Homeowners Association, when the marketing of the development was completed, as was communicated by the developer at the time of our home purchase. It is our understanding that the `Information Center' is currently zoned for use only as an Information Center. We were very concerned to learn that the new owner of the parcel /building has applied with the Zoning Board of Southlake for a change in the zoning of the property. We had the opportunity Wednesday evening, April 14 to attend an informational meeting of a small group of concerned homeowners, at which the new owner - -- Michael Tamer - -- reviewed his plans for the property. He told us that he has requested a change to SP01— commercial office space. He further states that he has deleted some of the more problematic uses that would ordinarily be allowed under that use description [such as radio stations] in his request for the zoning change. He explained to those in attendance at the Wednesday night that it was his intent to use the existing building to house his management consulting firm, and that he has no intentions to resell the space, once the zoning has been changed to commercial. However, when the zoning board proposed approving his request based on a more limited commercial use at it's recent hearing on his proposal - -- allowing only three types of offices including manac jement consulting firms which would accommodate his intended use - -- he temporarily tabled his request on the grounds that the restricted commercial use would limit h is ability to resell the property as commercial space, which leads us to believe that he would not be adverse to reselling the property as commercial space, if a suitable opportunity were to present itself. Mr. Tamer, who is a Timarron homeowner as well, noted that his zoning request does include requests for some variances - -- the current building is approximately 2,660 square feet, while Southlake requires commercial buildings to be a minimum of 3,000 square feet; the parking lot is located too close to the street for commercial use, and walls on commercial buildings are required to be landscaped as per Southlake codes, which would be impossible in this case due to the south wall of the Information Center footing in the lake itself. The point was also made at the meeting by a homeowner in attendance, that a variance would also be required in order allow a `stand alone' commercial space, since Southlake requires that commercial space be contiguous to other commercial space. We do not believe that those variances should be granted. N Mr. Tamer noted that he has an agreement with the development company from whom he purchased the property, to adhere to Timarron architectural requirements for ten [10] years, Because he has made that agreement with the developer, he feels that it is "...not necessary for him to join the TOA, paying dues in the amount of $1,000 per year for the privilege of having the TOA tell him what he can and can't do architecturally/landscaping, _ [etc]." We believe that it is critical that he contractually loin the TOA, to ensure that his property be subject to the same architectural and landscaping restrictions as other property owners within the development, for the life of the property. A ten -year commitment with the previous owner is not sufficient, especially in light of the fact that the previous owner has obviously reneged on the original commitment to turn over the Information Center building to the TOA when it was no longer needed as a marketing tool for the developer. All other property owners in the development contribute to the upkeep of the common areas - -- Mr. Tamer's property is contiguous to TOA common area - -- he should contribute to the upkeep of those common areas on the same basis as the other Timarron property owners. It is our understanding that Mr. Tamer originally indicated that due to `liability' issues, residents would need to begin using the new city sidewalk that we understand will be added along the Continental `edge' of the park, rather than the existing sidewalk through the park, where it crosses his. At Wednesday's meeting, he now states that he will voluntarily allow residents to continue to use the existing sidewalks that cross through his property. We should note that this access is solely at his discretion, and that permission to use the sidewalks that are now on his property can be rescinded by him at any time, without notice. It is also important to recognize, that if and when he sells the property to someone else, there is no legal requirement for the new owner to allow use of the sidewalk, just as there is no legal requirement for Mr. Tamer to allow use of the sidewalk. At Wednesday night's meeting Mr. Tamer noted that his zoning request will come before the zoning committee again on Thursday, April 22, 2004. He also noted that if his request is refused this time, that he will wait the required six months and reapply for the change in zoning again. He further noted though, that if he has to wait for six months before he can occupy the building with a commercial use, he will "not be able to afford to pay for the upkeep on the building - -- the grass won't get mowed ... [etc] While he was quick to deny that his comment was meant as a threat when questioned regarding the intent of that comment regarding upkeep, it sounded like a threat to us. We are obviously very concerned about this entire matter. The parcel/building should not have been sold by the developer, given the commitments that were made to homeowners. 3 If the developer was determined to renege on the original commitments made, then they should have given the TOA the first right of refusal to purchase the property, thereby retaining control of the property, ensuring that the original recreation area remained intact. And, we certainly don't believe that this parcel in the existing park, in the midst of the residential area should be rezoned commercial. Through this memo, we are officially notifying you, as a member of the Planning and Zoning Commission for the city of Southlake, that we are strongly opposed to the change in zoning. We will be present at the Thursday, April 22 zoning committee meeting to state our opposition in person before the committee. If the zoning request is approved by the committee, we will continue to oppose it when it comes before the Southlake City Council. In addition, we will be writing a letter to the TOA board, asking them to consult legal counsel, to determine what if any legal recourse the TOA has regarding the sale of the property, vis a vis the commitment made to homeowners regarding the final disposition of the Information Center. cc: TOA Board of Directors - Members f