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1993-01-21 P&Z Meeting / i ,ed City of Southlake, Texas ,:GULAR PLANNING AND ZONING COMMISSION MEETING JANUARY 21, 1993 /LOCATION: 667 North Carroll Avenue, Southlake, Texas �,p�� City Council Chambers of City Hall ,��j %'1rw"""-J TIME: 7:30 P.M. (/ AGENDA: 1. Call to order. 2. Approval of the Minutes pf the January 7, 1993 P & Z Meeting. 4,147/a/ 44.14r,mtdr-etai (4-9 3. Administrative Comments. 4. Consider: ZA 92 -68, Site Plan for Magic Mike's Convenience / Store and Gas Station, being 0.83 acres situated in temwa 4 -o) the L.B.G. Hall Survey, Abstract No. 686 and being a G / /fig /y.3 legally described as a portion of Lot 4, L.B.G. Hall No. 686 Addition. Location: Northwest corner of the intersection of North White Chapel Boulevard and F.M. 1709. Zoning: "S -P -2" Generalized Site Plan. i Owner: PIMA Properties. Applicant: Mike Farhat. Continuation of Public Hearing. 5. Consider: ZA 92 -69, Specific Use Permit for the sale of beer for off - premises consumption per Ordinance No. 480, Section 45.1 (1) and 45.6 on property zoned "S -P -2" Generalized Site Plan. The site is approximately 0.83 acres situated in the L.B.G. Hall Survey, Abstract No. 686, being legally described as a Gp�(G -0 / portion of Lot 4, L.B.G. Hall No. 686 Addition. 09/7) Location: Northwest corner of North White Chapel Boulevard and F.M. 1709. Owner: PIMA Properties. Applicant: Mike Farhat d \b \a Magic Mike's Convenience Store. Continuation of Public Hearing. 6. Consider: ZA 92 -74, Rezoning for 6.3725 acres situated in the R.D. Price Survey, Abstract No. 992D, Tract 22, L( / being more commonly Known as 4825 T.W. King Road, from "AG" Agricultural to "S -P -1" Detailed Site Plan District. Location: Northeast corner of T.W. King Road and Bob Jones Road. Owner: DalDen Corporation. Continuation of Public Hearing. / 7. Consider: ZA 92 -75, Plat Showing of Lot 1, R.D. Price No. 992D ( Addition, being 6.3725 acres situated in the R.D. 12r Price Survey, Abstract No. 992D, Tract 22, being more commonly Known as 4825 T.W. King Road. Location: Northeast corner of T.W. King Road and Bob Jones Road. Owner: DalDen Corporation. I-0) Continuation of Public Hearing. City of Southlake, Texas Planning and Zoning Commission Agenda January 21, 1993 Page Two 8. Consider: ZA 92 -79, Rezoning request for 31.357 acres situated in the R. Price Survey, Abstract No. 1003 -D, Tract 1 and the H.A. Throop Survey, Abstract No. 1273 -D, Tract 1 from the "AG" Agricultural district to the "SF -1A" Single Family -1A Residential district. Location: Southeast of Indian Creek Addition on Bob r“,) Jon Road, East of North White Chapel Blvd. Owner: F.D.I.C., Steve Mundt, Vice - President; / Applicant: Tim Fleet d \b \a VLMC, Inc. Public Hearing. 9. Consider: ZA 92 -78, Preliminary Plat of Oakwood Acres Addition (formerly advertised as the Lakeway Addition), being 31.357 acres situated in the R. Price Survey, Abstract No. 1003 -D, Tract 1 and the H.A. Throop Survey, Abstract No. 1273 -D, Tract 1 �� from the "AG" Agricultural district to the "SF -1A" Single Family -1A Residential district. Location: Southeast of Indian Creek Addition on Bob Jones 6 3 Road, East of North White Chapel Blvd. Owner: //15/11 F.D.I.C., Steve Mundt, Vice - President. Applicant: / Tim Fleet d \b \a VLMC, Inc. Public Hearing. 10. Consider: ZA 92 -58, Specific Use Permit for a Golf Driving Range per Ordinance No. 480, Section 45.1 (10) on ti property zoned "AG." The site is approximately 8.5 ,� acres of a larger 12.9436 acre tract situated in the �t1 S.H. Thompson Survey, Abstract No. 1504 and the L.A. j Clay Survey, Abstract No. 346. Location: Southeast corner of Davis Blvd. (F.M. 1938) and West Continental Blvd. Owner: Betsy Shatley. Continuation of Public Hearing. 11. Consider: Land Use Plan Update %d�� ^�i �t�� � — Continuation of Public Hearing. 12. Consider: Tree Preservation Ordinance. Continuation of Public Hearing. 13. Meeting Adjourned. I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas on Friday, January 15, 1993, at 5:00 p.m., pursuant to the Open Meetings Act, Article 6252 -1,7 V.T.C.S. Sandra L. LeGrand - • :A City Secretary _� v' w CITY OF SOUTHLAKE 667 N. Carroll Avenue PLANNING AND ZONING COMMISSION MEETING January 21, 1993 7:30 p.m. MINUTES COMMISSIONERS PRESENT: Chairman, Joe L. Wright; Vice - Chairman, Bob Dowdy. Members: Dennis McGrath, Ernest Johnson, Michael Richarme, and Nick McGarity. COMMISSIONER ABSENT: Randy Arnold. STAFF PRESENT: Zoning Administrator, Karen Gandy; Director of Community Development, Greg Last; City Attorney, Wayne Olson; and, City Secretary, Sandra L. LeGrand. The meeting was called to order by Chairman Joe L. Wright, at 7:30 p.m. Agenda Item #2, Approval of Minutes The Minutes of the January 7, 1993, Planning and Zoning Commission meeting were approved as amended. Motion: Richarme Second: Dowdy Ayes: Richarme, Dowdy, McGarity, McGrath, Johnson, Wright. Nays: None Approved: 6 -0 vote Agenda Item #3, Administrative Comments Greg Last, Director of Community Development, distributed copies of District 7 of the Land Use Plan and Tree Ordinance. Michael Richarme asked for clarification of other material distributed to members tonight. Karen Gandy, Zoning Administrator, commented, she gave the commissioners copies of letters regarding zoning on Bob Jones Road, and Magic Mike, plat showing the car wash has been relocated. Agenda Item #4, ZA 92 -68, Site Plan for Magic Mike's Convenience Store and Gas Station. ZA 92 -68 is a Site Plan for Magic Mike's Convenience Store and Gas Station, being 0.83 acres situated in the L.B.G. Hall Survey, Abstract No. 686, and being legally described as a portion of Lot 4, L.B.G. Hall No. 686 Addition. Zoning is "S -P -2" Generalized Site Plan. Owner: PIMA Properties. Applicant: Mike Farhat. This is a continuation of the public hearing. Planning and Zoning Commission Meeting Minutes January 21, 1993 page two Agenda Item #4, Continued Karen Gandy, Zoning Administrator stated this property is located in Mixed Use, Commercial and /or Residential, but no industrial, on the land use plan. The applicant has requested a building permit to construct a convenience store, gas station, and car wash. On January 7, 1993, the Commission tabled this item, as the commission expressed concern regarding the architectural style of the proposed building and its incompatibility with Crossroad Square's design. The revised site plan dated January 14, 1993, will show the relocation of the car wash to the northern boundary of Lot 4, in addition, they have added parking on the nonlease portion of the lot. • Michael Richarme asked, with the submittal of a revised site plan, are there additional renderings? Chairman, Joe Wright asked the City Attorney, Wayne Olson to review the architectural control or influence that the Planning and Zoning Commission may or may not have on a case. Wayne Olson, City Attorney, stated the City Council asked him to come to the Planning and Zoning Commission meeting and review the guidelines on this subject, as he did for City Council. In regard to architectural controls and zoning, the authority is limited. There are guidelines, set forth in the ordinance, like for bufferyards, landscaping plans, masonry ordinance type controls. The ordinance is going to give the Planning and Zoning Commission little control on aesthetics, or architectural designs. In regard to site plan, the commission should look at the requirements and make sure they are complied with. The bottom line is the site plan requirements do not allow the commission to design specific locations. The Planning and Zoning Commission should be concerned with the public safety, health and welfare, along with such things like traffic circulation, proper roadways, heights, signs, and masonry. Commissioner Richarme stated, if he is understanding it right, a developer could in theory come in with a very nice concept plan, with architectural renderings, and paint a fairly pleasant story to the City Council and city officials relative to what that piece of property would in fact look like when the property is fully developed. The City Council would in all its wisdom, vote in good faith, for that particular development, assuming that these certain things, including architectural renderings, would in fact be developed. The developer could come along at some point and time and piece meal the plan, with multiple different type things, not tied back to concept plan. Planning and Zoning Commission Meeting Minutes January 21, 1993 page three Agenda Item #4, Continued Olson commented, we should not be looking at those things, architectural renderings are assurances, promises of the development, but if not in the ordinance we cannot enforce it. The fact that the architectural design is in the plan, does not make the developer binding. Chairman, Joe Wright commented they have asked for a Concept Plan of an architectural rendering of what the building might look like. What the Ordinance allows the city to enforce is the percentage of masonry (as far as the building is concerned), then the bufferyards, landscaping etc, and other issues can be looked at. The architectural rendering is a sales tool, after the Commission considers this, then they are to go back to the ordinance. David McMahan, 1335 Hidden Glen, Southlake. McMahan is owner and representative of the applicant Mike Farhat dba Magic Mike's Convenience Store. Mr. McMahan stated they have come to an agreement as far as the design of the building. The fluted block building will be built. Texaco refused to let the over all design be changed. They did get a few minor concessions, such as: fluted walk around the building, mansard facia around the building a the car wash was moved, due to the requirement of stubbing out to the drive. The public hearing resulted with no comments from the audience. Commissioner Bob Dowdy stated he appreciates PIMA position on this matter, however, he does not agree that this does not have to conform to the original plat. Commissioner Richarme stated by looking at the letter of the ordinance, and the text in front of them, he cannot find a specific reason for not approving this. He has the same feeling as Dowdy, he heard a lot of discussion from the audience and the commission and he had a perception of the spirit of the developer and the City. The concept plan was a good plan and a good sales job of the developer. He feels there is a breach of faith here. They made promises and did not keep it. It meets the requirement, but no plan of the developer. Commissioner McGrath stated they can work with the City Council to change the ordinance, as a lot of cases are based on what is presented by the developer. Commissioner Dowdy stated he feels McMahan /PIMA has tired to follow their plan. The developers hands are tied with Texaco. He feels the ordinance needs to be changed. Planning and Zoning Commission Meeting Minutes January 21, 1993 page four Agenda Item #4- Continued Commissioner Johnson stated he was encouraged that Southlake could draft a better ordinance to give the Planning and Zoning Commission aesthetic control, and to ensure architectural compatibility, according to comments made by City Attorney, Wayne Olson. Commissioner McGrath stated he has a problem with all gasoline stations having same decor. He feels we should have a level playing field for all businesses. Commissioner Richarme stated the commission needs to be careful not to be arbitrary and capricious. Motion was made to approve ZA 92 -68, site plan, subject to staff review letter of January 14, 1993, recognizing that we had a revised blue line that was submitted on January 21, 1993 and that Staff Review letter complies with the blue line. Motion: Richarme Second: Dowdy Ayes: Richarme, Dowdy, McGrath, McGarity, Johnson, Wright Nays: None Approved: 6 -0 vote Agenda Item #5, ZA 92 -69, Specific Use Permit for the Sale of Beer for Magic Mike's Convenience Store ZA 92 -69, request for Specific Use Permit for the sale of beer for off - premises consumption per Ordinane No. 480, Section 45.1 (1) and 45.6 on property zoned "S -P -2" Generalized Site Plan. The site is approximate 0.83 acres situated in the L.B.G. Hall Survey, Abstract No. 686, being legally described as a portion of Lot 4, L.B.G. Hall No. 686 Addition. Owner: PIMA Properties. Applicant: Mike Farhat dba Magic Mike's Convenience Store. Karen Gandy, Zoning Administrator noted nine (9) notices were sent to property owners within 200' and no responses have been received. Greg Last, Director of Community Development, previously noted all lease sites must comply with bufferyard, however, Mr. Farhat is not responsible for bufferyard, but must be responsible for landscaping, and that is the way it was intended to be. Planning and Zoning Commission Meeting Minutes January 21, 1993 page five Agenda Item #5, Continued David McMahan, 1335 Hidden Glen, Southlake, representing PIMA Properties, Crossroads Square and Mr. Farhat. McMahan stated he has no comments, except to say he is a little concerned with some of the things that have come up, and about what was originally presented concept plan and plans for the center in an overall fashion. He alleged he stated at no time have they presented an architectural rendering for either of the pad sites. He assured the Commission that there has been no effort to break faith from the developers point of view with the city. It concerns him because he does business with the City, lives here, and has several properties here, and he does not want to have that kind of reputation. MaMahan also referenced a conversation with one of the commissioners after the last meeting, in terms of a discussion which took place over the issue of sale of beer when they originally got this approved. He wants to make sure, from his position, as his memory serves him, that they only asked for two locations, being the grocery store and drug store. They specifically did not ask for other permits, because they did not know what would be coming in. Should they need additional Specific Use Permits, they would come in at the time. The public hearing resulted with no comments. Motion was made to approve ZA 92 -69, Specific Use Permit, subject to the January 14, 1993, Staff Review Letter dated January 14, 1993. Motion: Johnson Second: McGrath Ayes: Johnson, McGrath, McGarity, Dowdy, Richarme, Wright Nays: None Approved: 6 -0 vote Agenda Item #ZA 92 -74, Rezoning for DalDen Corporation ZA 92 -74 is a rezoning request for 6.3725 acres situated in the R.D. Price Survey, Abstract No. 992D, Tract 22, being more commonly known as 4825 T.W. King Road, from "AG" Agricultural to "S -P -1" Detailed Site Plan District. Owner: DalDen Corporation. Karen Gandy, Zoning Administrator, noted this is a continuation of a public hearing. She stated five (5) notices were sent to property owners within 200' and no responses have been received. The land use category for this property is medium density residential. Mrs. Gandy stated this business is a legal nonconforming use on site. The items in the first review letter have been addresses, and the applicant has made a good faith effort to comply with the letter. Gary Reed, president of DalDen was present to answer questions for the Commission. Planning and Zoning Commission Meeting Minutes January 21, 1993 page six Agenda Item #6, Continued Greg Last, Director of Community Development, stated they have attempted to comply with the January 14, 1993, summary review letter, excluding item #3. Barry Hudson, Consultant, 2630 W. Highway, Fort Worth. Mr. Hudson stated they want to emphasize that this is an existing company from 1965. They have been annexed by the City and are operating with wells and a septic system. They want to make a best effort to comply with all city ordinances and regulations. They have reached an agreement with Town of Trophy Club for water service and fire protection. This is in addition to the water wells that are there. Hudson stated the company blends powders and liquid for government products. Their immediate expansion plans include: in regard to their existing outside storage, they plan to include in the next couple years to enclose this and no outside storage. In the next two -three years they plan to expand existing buildings. The residents of Trophy Club have a solid screen wood fence. There is no access between Trophy Club and T.W. King Road. They are preserving the existing trees on their property. Commissioner Richarme stated Da1Den has been an excellent business and they were addressed on the land use plan update. Is there any intent of blending the light and dark buildings. Commissioner McGrath stated since the land to the south of Bob Jones road is medium density as shown on the land use plan, the Commission needs to look at bufferyards in the plan. Commissioner Dowdy suggested reducing the bufferyards along the south and east and not worry about the rest of the land so that it will all tie in. Greg Last stated he feels the bufferyard should be reduced as it related to different phases. Currently the structure is 28,000 square foot, with build out planned for 80,000 square foot. The public hearing resulted with no public comments. Commissioner McGrath stated he would like to see masonry on the external walls on Bob Jones and future buildings on the east and F2 interim planting. Planning and Zoning Commission Meeting Minutes January 21, 1993 page seven Agenda Item #6, Continued Commissioner Johnson expressed concerns with the time this area goes residential, looking at this use, that leads him to focus on bufferyards. He stated he is not hard line on masonry, a wooden fence might be okay, but we need a fence with vegetation inside. He stated he is firm on bufferyards. Mr. Last stated bufferyard F1 would allow reduced plantings. Commissioner Richarme stated they will have a fence, if nothing else, for security. He would head for a fence rather than plantings. Chairman Wright commented we should recommend fence with trees every so often. Greg Last stated driveways will be all weather. Several motions were made but not completed. Motion was made to approve ZA 92 -74, subject to the Plan Review Summary #1, dated January 15, 1993, subject to the following modifications: tie the motion to the variance to masonry requirement; all parking and drives be an all weather surface; bufferyard to the west, bufferyard D, be deleted, with an F1 8 foot wood fence bufferyard , be required on the north, east, south and boarders, and that this commence with initial construction. Motion: Richarme Second: Johnson Ayes: Richarme, Johnson, McGrath, Dowdy Nays: McGarity, Wright Approved: 4 -2 vote The Commission adjourned for recess at 9:40 p.m. The Commission returned to open session at 9:50 p.m. Agenda Item #7, ZA 92 -75, Plat Showing for Lot 1, R.D. Price No. 992D Addition: DalDen Corporation ZA 92 -75 is a Plat Showing of Lot 1, R.D. Price No. 992D Addition, being 6.3725 acres situated in the R.D. Price Survey, being 6.3725 acres situated in the R.D. Price Survey, Abstract No. 992D, Tract 22, being more commonly known as 4825 T.W. King Road. Owner: DalDen Corporation. Zoning Administrator, Karen Gandy stated five (5) notices were sent to property owners within 200' and to date no responses have been received. The applicant has requested a variance for the 30' front yard setbacks required along T.W. King Road and Bob Jones Road. Gandy also noted the property was annexed into the City in 1988 with the existing facilities there at that time. Planning and Zoning Commission Meeting Minutes January 21, 1993 page eight Agenda Item #7, Continued The Architect for the project stated the right -of -way shown is from the existing pavement. They have complied with the Plat Review Summary dated December 31, 1992. The public hearing resulted with no comments from the audience. Motion was made to approve ZA 92 - 75, subject to the Plat Review Summary dated December 31, 1993. Motion: Dowdy Second: McGrath Ayes: Dowdy, McGrath, Johnson, Richarme, McGarity, Wright Nays: None Approved: 6 -0 vote Agenda Item #8, ZA 92 -79, Rezoning AG to SF -1A /Tim Fleet ZA 92 -79 is a rezoning request for 31.357 acres situated in the R. Price Survey, Abstract No. 1003 - D, Tract 1 and the H.A. Throop Survey, Abstract No. 1273 -D, Tract 1, from the "AG" Agricultural district to the "SF -1A" Single Family -1A Residential District. Owner: F.D.I.C., Steve Mundt, Vice President; Applicant: Tim Fleet dba VLMC, Inc. Zoning Administrator, Karen Gandy, noted this property is located southeast of Indian Creek Addition on Bob Jones Road, East of White Chapel Blvd. Fourteen (14) notices were sent and one response was received, from Fred Johnson, 400 E. Bob Jones Road. Greg Last stated because of the flowage easement on the Corp of Engineers property, this will require a statement being added on the final stage of the plat, in regard to flooding. Tim Fleet, 2424 Rogers, Fort Worth. Mr. Fleet stated he wants to develop this property into lots of one (1) acre, making eight(8) lots. He stated he has a contract on this property, contingent upon zoning approval. Public Hearing: Fred Johnson, 400 E. Bob Jones Road, Southlake. Mr. Johnson expressed concerns with road when the development occurs. A wholesale development without infrastructure is a problem. He has seen White Chapel Road close because of flooding in 1989. The bridge is planned, but when? Mr. Johnson stated he feels this problem needs to be addressed. Mrs. Tucker, property owner to the south, stated she is not in favor of this development, and does not plan on selling her property. Planning and Zoning Commission Meeting Minutes January 21, 1993 page nine Agenda Item #8, Continued Motion was made to approve ZA 92 - 79 as presented. Motion: McGrath Second: McGarity Ayes: McGrath, McGarity, Richarme, Dowdy, Johnson, Wright Nays: None Approved: 6 -0 vote Agenda Item #9, ZA 92 -78, Pre Plat of Oakwood Acres ZA 92 -78, preliminary plat of Oakwood Acres Addition (formerly advertised as the Lakeway Addition), being 31.357 acres situated in the R. Price Survey, Abstract No. 1003 -D, Tract 1 and the H.A. Throop Survey, Abstract No. 1273 -D, Tract 1, and the H.A. Throop Survey, Abstract No. 1273 -D, Tract 1 from "AG" Agricultural district to the "SF -1A" Single Family -1A Residential District. Owner: F.D.I.C., Steve Mundt, Vice - President. Applicant: Tim Fleet dba VLMC, Inc. The Zoning Administrator stated for the record the property is located Southeast of Indian Creek Addition on Bob Jones Road, East of White Chapel Blvd. The Land use Plan shows the property is in a low density residential area. Fourteen (14) notices were given with one response from Mr. Fred Johnson who is present tonight. This is the preliminary plat of the entire thirty- one(31) acres. Tim Fleet, applicant for the request stated lots 1 thru 8 is 10.5 acres, lot 1 is 1.3 acres, lot 2 thru 5 is 1.5 acres, and lots 6,7, & 8 are over 1 acre. Mr. Fleet stated he has no problem with the First Plat Review Summary dated January 15, 1993. He also noted Phase 2 is intended to be plated into fifteen (15) 1 acre lots. Public Hearing: Fred Johnson, 400 E. Bob Jones Road, Southlake. Mr. Johnson again stated his concerns with the condition of the roads when development occurs, adding, wholesale development without infrastructure is a problem. He referenced the road being closed due to flooding in 1989. Water seeps out of property caused by cutting pads. He is opposed to this development. Commissioner Johnson stated he feels it is reasonable to approve this preliminary plat as it meets the parameters of the ordinance. Planning and Zoning Commission Meeting Minutes January 21, 1993 page ten Agenda Item #9, Continued Motion was made to approve ZA 92 -78, subject to the Plat Review Summary dated January 15, 1993. Motion: Johnson Second: Dowdy Ayes: Johnson, Dowdy, Richarme, McGarity, McGrath, Wright Nays: None Approved: 6 -0 vote Agenda Item #10, ZA 92 -58, Specific Use Permit For Golf Driving Range ZA 92 -58 is a request for Specific Use Permit for a Golf Driving Range per Ordinance No. 480, Section 45.1 (10) on property zoned "AG ". The site is approximately 8.5 acres of a larger 12.9436 acre tract situated in the S.H. Thompson Survey, Abstract No. 1504, and the L.A. Clay Survey, Abstract No. 346. Owner: Betsy Shatley. Continuation of the public hearing. Karen Gandy informed the Commission on the background history of this request, stating Ms. Shatley made this same request of the Zoning Board of Adjustments, the grantor of such requests at the time. The request was tabled at the Board's February 28, 1991 meeting pending the applicant providing the Board additional information regarding the following issues: adequacy of the screening along all sides of the are proposed for the use; height and wattage of the light standards proposed on the site; bufferyards and landscaping proposed to increase the aesthetics of the project; adequacy of parking; liability coverage; safety of the screening devices, specifically wind velocity; compatibility with surrounding area; use of temporary building; and type and adequacy of sanitary facilities. The applicant never continued the issue with the Board. Mrs. Gandy also noted ten (10) notices were sent to property owners within 200' and one responses was received from David Howell, project manager of Continental Joint Venture (property owner to the east of the proposed site). Mr. Howell stated he is in opposition. This item has been tabled by the Planning and Zoning Commission on November 19, 1992 and December 3, 1992, at the request of the applicant. A representative of Betsy Shatley was present and stated they feel they have addressed some of the concerns including: a) install a 40' safety net around the property. b) a standard design driving range. c) thirty (30) parking spaces. d) twenty -five (25) T boxes on the plan, running along the west property line. e) 200 pine trees along west property line. Planning and Zoning Commission Meeting January 21, 1993 page eleven Agenda Item #10, Continued f) down range 1500 watt lights (onto the ground). g) portable trailer office (no wheels). h) portable toilets by the office. i) hours: 10:00 a.m. to 10:00 p.m. in summer 10:00 a.m. to 8:00 p.m. in winter k) wind netting will be on 40' poles in the air, able to handle 70 mph winds. Poles will be 10' underground. 1) 238 yards from the tee area to the edge of the property. They stated they want the Specific Use Permit so that they could utilize the land. The road will be all weather and the parking lot will be paved all weather. When the sewer is installed, they will have fixed facilities, with a pro shop and fixed restrooms. They will provide a one million dollar liability insurance policy. This project will have no noise. Public Hearing: Craig Curry, Nelson Corporation, representing the owners of the property to the east of proposed driving range. Mr. Curry stated, in their opinion, this property is not suitable for a driving range, it is too short. They also have a concern with lights and the feasibly along Continental Blvd. David Howell, Continental Joint Venture, Dallas, Texas. Mr. Howell expressed concerns with the 40' high nets in the back yards of the homes that will be built on their property. He made note of the fact that our building height restriction in that area is 35'. Howell expressed concern with break -away tabs on the netting. The poles in the back yards become unsightly and the operating hours are a concern. Betsy Shatley stated the net is to resolve a concern with balls hitting the residential property, to appease Continental Joint Venture. Shatley stated he has a use and they are wanting to build at this time. Josh Shatley, Owner. Mr. Shatley stated they will make the driving range as nice as possible. They feel they have a little land and a proposed driving range as adequate as any in town. They feel this is something that is compatible with their concrete block company. Betsy Shatley stated they were annexed into the City and declared nonconforming. She does appreciate the concerns. David Howell, He cannot believe that 40' tall net will beautify anything. He questioned their insurance policy and feels one ball over their fence is one ball too many. Planning and Zoning Commission Meeting Minutes January 21, 1993 page twelve Agenda Item #10, Continued Commissioner Dowdy stated he appreciates both sides. He has concerns: a classified pole on 70 mph wind; netting not attractive to him; and, restroom facilities. He stated he does not feel it is safe or appealing at that site. Commissioner Johnson stated he feels the driving range is not compatible around the surrounding area stating lights, screening and safety with balls on Continental Blvd. We do not want to promote portable bathrooms. Commissioner Richarme stated points of discussion: 1) safety to east and Continental Blvd. 2) appearance of screens. 3) intimidated by screen in backyards. 4) lights a concern. 5) not compatible with residences to the east. 6) depth of the range, is property deep enough. Commissioner McGrath stated concerns with balls going over the net and being next to residences. Commissioner McGarity stated he feels for Shatley's, he sees a situation where the City annexed them. They feel they have land they cannot use. Chairman Wright stated he feels it is a good idea, wrong location. Motion was made to deny ZA 93 -58 for Golf Driving Range. Motion: Dowdy Second: Johnson Ayes: Dowdy, Johnson, Richarme, McGarity, McGrath, Wright Nays: None Denied 6 -0 vote Agenda Item #11, Land Use Plan Update Motion was made to table this item until February 4, 1993 meeting and to continue the public hearing. Motion: Richarme Second: McGrath Ayes: Richarme, McGrath, McGarity, Dowdy, Johnson, Wright Nays: None Approved: 6 -0 (to table) Planning and Zoning Commission Meeting Minutes January 21, 1993 page thirteen Agenda Item #12, Tree Preservation Ordinance Motion was made to table consideration on the Tree Preservation Ordinance and Continue the public hearing on February 4, 1993. Motion: McGrath Second: Richarme Ayes: McGrath, McGarity, Richarme, Johnson, Dowdy, Wright Nays: None Approved: 6 -0 vote (to table) Agenda Item #13, Meeting Adjourned The meeting was adjourned at 12:05 a.m. by Chairman Joe L. Wright. I' J Joe L c Chairman . ATTEST: ,, � ���ui* ua + + ``` 4 1 1/1 1 - / A Sandra L. LeGrand City Secretary