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1993-06-17 P&Z Meeting REGULAR PLANNING AND ZONING COMMISSION MEETING, JUNE 17, 1993 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall TIME: 7:30 P.M. AGENDA: 1. Call to Order. 2. Approval of Minutes of the June 3, 1993 P & Z Meeting. 3. Administrative Comments. 4. Consider: ZA 93 -27, Final Plat of Timarron Addition, Glendover, Phases 1 and 2 being 38.876 acres situated in the Hall Medlin Survey, Abstract No. 1037, and the Hollingsworth & Barnett Survey, Abstract No. 797. (Preliminarily platted as Timarron Phase 3, Village A) Location: South of East Continental Blvd. and West of East Haven Addition. Owner /Applicant: Timarron Land Corporation, Inc. 5. Consider: ZA 93 -28, Final Plat of Timarron Addition, Brenwyck, Phase I, being a 30.919 acres situated in the Hall Medlin Survey, Abstract No. 1037, the Hollingsworth & Barnett Survey, Abstract No. 797, and the O.W. Knight Survey, Abstract No. 899. (Preliminarily platted as Timarron Phase 3, Village C) Location: North of East Continental Blvd., West of Carroll Ave. Owner /Applicant: Timarron Land Corporation, Inc. 6. Consider: ZA 93 -30, Final Plat of Timarron Addition, Wyndsor Creek, Phases 1 & 2, being 40.742 acres situated in the O.W. Knight Survey, Abstract No. 899. (Preliminarily platted as Timarron Phase 3, Village B) Location: North of East Continental Blvd., West of Carroll Avenue. Owner /Applicant: Timarron Land Corporation, Inc. 7. Consider: ZA 93 -34, Rezoning for 2.525 acres situated in the Reis D. Price Survey, Abstract No. 1207, Tracts 3B01, 3B1B, and 3B1C. Existing zoning: "SF -1A" Single Family Residential District. Requested zoning: "AG" Agricultural District. Location: West of 2930 Ridgecrest. Owner /Applicant: Peter F. Gonzalez. Public Hearing. 8. Consider: ZA 93 -35, Revised Preliminary Plat for Stonegate Manor Estate, Lot 1, Block 1, being 24.895 acres situated in the Reis D. Price Survey, Abstract No. 1207, Tracts 3B01, 3B1B, 3B1C, 3B1A, 2F, 2F6, 2F7, and 2F8. Location: 2930 Ridgecrest. Owners /Applicants: Peter G. Gonzalez and Jerry and Marilyn Gilbert. Public Hearing. Planning and Zoning Commission Agenda June 17, 1993 Page 2 9. Consider: ZA 93 -37, Rezoning for 1.17 acres situated in the John A. Freeman Survey, Abstract No. 529, Tract 4A1. Existing zoning: "AG" Agricultural. Requested zoning: "0-1" Office District. Location: 710 S. Kimball Road. Owner: James R. Phipps. Applicant: Beverly Bratcher Public Hearing. 10. Meeting Adjourned. CERTIFICATE 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, June 11, 1993, at 5:00 p.m., pursuant to the Open Meetings Act, Article 6252 -17 V.T.C.S. .a184n r t f aAl: - „ C ty Secretary ' If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481 -5581 extension 704, and reasonable accommodations will be made to assist you. CITY OF SOUTHLAKE PLANNING AND ZONING COMMISSION MEETING JUNE 17, 1993 MINUTES Commission Present: Chairman, Joe Wright; Members: Kate Barlow, Nick McGarity, Randy Arnold, Michael Richarme, Ernest Johnson, and Lanny Tate. Commissioner Absent: none City Staff Present: Zoning Administrator, Karen Gandy; Planner, Tom Elgin; City Attorney Allen Taylor; and Community Development Secretary, Glenda Jaynes. The meeting was called to order by Chairman Wright at 7:30 p.m. Agenda Item #2, Approval of Minutes. Motion was made to approve the Minutes of the June 3, 1993, Planning and Zoning Commission meeting. Motion: Richarme Second: Johnson Ayes: McGarity, Richarme, Wright and Johnson Nays: none Abstain: Barlow, Arnold, and Tate Approved: 4 -0 -3 Agenda Item #3, Administrative Comments. Chairman Wright welcomed the newly appointed Planning and Zoning Commissioners. Zoning Administrator Karen Gandy informed the Commission that City Attorney Allen Taylor was present tonight to assist in Agenda Item No. 9. Ms. Gandy then requested that Item No. 9 be brought forward to be addressed at this time. Commissioner Richame informed the Commission that American Planning Assoc. was presenting a Planning and Zoning training workshop on July 19 and encouraged those interested to attend. Chairman Wright informed the Commission that they needed to elect a new Chairman and Vice Chairman at tonights meeting. Nomination was made to re -elect Joe Wright as Chairman. For: Barlow, McGarity, Arnold, Richarme, Johnson, and Tate Against: none Abstain: Wright Approved: 6 -0 -1 C: \CD \Meeting \Min06 -17.93 P & Z Meeting Minutes June 17, 1993 Page 2 Nomination was made to elect Lanny Tate for Vice Chairman. For: Arnold and Wright Against: Barlow, McGarity, and Johnson Abstain: Tate and Richarme Denied: 2 -3 -2 Nomination was made to elect Michael Richarme for Vice Chairman. For: Barlow, McGarity, and Johnson Against: Arnold and Wright Abstain: Tate and Richarme Approved: 3 -2 -2 Joe Wright was elected as Planning and Zoning Chairman and Michael Richarme was elected as the Vice Chairman. Agenda Item #9, ZA 93 -37, Rezoning for 1.17 acres, James R. Phipps. Chairman Wright advised the audience that the item was a Public Hearing. Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for rezoning approval for 1.17 acres situated in the John A. Freeman Survey, Abstract No. 529, Tract 4A1. Located at 710 S. Kimball Road. Owner is Beverly Bratcher and the applicant is James R. Phipps. Current zoning is "AG" Agricultural and the requested zoning is "0-1" Office District. Current land use category is Low Density Residential. Nine notices were sent out to surrounding property owners. One response was received in favor, Jack Petty, 616 S. Kimball Avenue. Mr. Petty stated that the office zoning would be excellent for this land for it provided a buffer from the industrial plant next door to it. Two responses received were opposed, Donald Ramsour, 703 S. Kimball and Gary Fox, owner of Lot 7, Meadow Oaks Addition. Two other responses who were opposed were received from property owners outside the required notification area of 200 ft., Jerry & Mary Forbus, 595 S. Kimball, and Mr. & Mrs. C.S. Johnson, 495 S. Kimball. Ms. Gandy commented that Mr. Phipps had provided a letter of intended use for the property. Ms. Gandy said that his requested 0-1 zoning is an office category with uses for Doctors, Lawyers, Dentist, Surveyors, etc. Ms. Gandy commented that Mr. Phipps intended use was for computer research, study and an office center dealing with mail -order via telephone and data processing to support the activities of outside sales people. As stated in the letter the expected occupancy during the week would be approximately 5 staff members and 2 -10 students coming and going during the day. Ms. Gandy presented photographs that Mr. Phipps had provided showing the interior and exterior of the facility. Mr. James R. Phipps, 603 Field St., Colleyville, Tx. said that he had made application and provided a letter stating his proposed uses for the property and felt that there was no reason why the zoning should be C: \CD \Meeting \Min06 -17.93 P & Z Meeting Minutes June 17, 1993 Page 3 denied on this request because there was nothing that would be hazardous to the health, safety, or public welfare. He said that his business would not create any traffic that would cause any concern to a normal residential area. There are several pieces of commercial property, as well as, businesses along Kimball Rd. all the way to Continental Blvd., and there is only one house, which is directly behind the church at the corner. Mr. Phipps commented that he bought the property from Jim Andersons Realty through the Veteran's Administration and when purchased he was under the impression that it was commercial, and the paperwork indicated that it was previously used for commercial. He bought this property for general use to put his telephone and computer system that he has been using for the past 10 years at his residential home in Colleyville. He continued saying that they don't have a large traffic flow, and basically have employees coming and going in the morning and afternoon. He does not engage in any kind of retail sales, but the sales are mail - order. They have very little walk -in traffic and occasionally have a employee party. Mr. Phipps said that the structure had been completely remodeled by the previous owner as a commercial business, and described it as being a very nice atmosphere for any type of commercial business. He continued to say that his desire is not only to use it, but to get some sort of value out of the property if he should sub -lease part of it. Mr. Phipps said that this property was not zoned due to the neglect of the previous owners, and as an individual citizen just engaging in normal activities he should not be punished or deprived of his rightful use of the property according to Article 1 of the United States Constitution, "All people have the right to enjoy any property that they might own, as long as it does not cause any harm to the health, safety and welfare of the Community." Mr. Phipps said that there has not been any evidence shown that this business would cause any of those problems. Mr. Phipps requested that the City of Southlake be fair and just in its decision and take into consideration that he is an American citizen and has the right to enjoy his livelihood and the use of his property. The Commission and discussed with Mr. Phipps his letter of intended use. It was established that no seminars would be held. Mr. Phipps stated that he read in the City's zoning code and found where we allowed for property that had been used for a certain way to be a noncomplying use without any zoning being required. And said if that was the case, he needed a variance. Zoning Administrator Karen Gandy explained to the Commission that the use to which Mr. Phipps is referencing was not in conformance with the agricultural zoning which is to her knowledge the only zoning that property has had. Ms. Gandy said it was not considered a "nonconforming use" because it had to be in compliance first. City Attorney Allen Taylor gave the definition of legal and illegal nonconforming use. Mr. Taylor explained that the decision whether this C: \CD \Meeting \Min06 -17.93 P & Z Meeting Minutes June 17, 1993 Page 4 property is a legal or an illegal nonconforming use according to the State Statue and the terms of the City of Southlake's Zoning Ordinance, the Zoning Administrator makes that decision. Any party that disagrees with that decision is given the right to file an appeal with the Zoning Board of Adjustment. Commissioner Richarme asked Mr. Phipps if he had filed an appeal with the ZBA? Mr. Phipps replied "no ". Chairman Wright asked if anyone in the audience wanted to speak on this item. Mr. Darrell Faglie, 505 S. Kimball, said he did not respond in writing, but wanted to respond at tonight's meeting. Mr. Faglie said he had lived in this neighborhood for 10 years and has come before the City 5 or 6 times in opposition of rezoning this property. He commented that this property has been attempted to be rezoned and was opposed at that time as well as now. Mr. Faglie felt that the agricultural zoning or a light residential zoning would fit the area best. Mr. Jerry Forbus, 595 S. Kimball, commented he had lived in the area approximately 8 years and for a period in that time a Mr. Turner owned the property and had tried several times to get it rezoned. He then said that he believed that Mr. Turner had disobeyed the zoning rules even though he was denied and that Mr. Phipps appears to be doing the same. Mr. Forbus commented on a party that Mr. Phipps had where cars were parked up and down Kimball and he was concerned of the potential noise and traffic congestion for any future parties. Mr. Don Ramsour, 703 S. Kimball, commented he lived here for 22 years and the house which is presently Mr. Phipps was existing on the property when he moved in. He commented that Mr. Turner applied for light industrial and was turned down, but had sales meetings anyway. He was concerned about the potential noise and traffic and was opposed to the rezoning. Mrs. Mary Forbus, 595 S. Kimball was opposed and concerned for her children as well as other children in the area, due to increased traffic. Mr. Richard Ortt, 603 Field St., Colleyville, Tx. commented he knew Mr. Phipps for approximately 6 -8 months and was aware of one barbecue at the property. He commented that since he has known Jim he has only had a few business meetings where adults conducted themselves professionally. He said he was for the rezoning and couldn't understand why the neighbors objected. Mrs. Donna Faglie, 505 S. Kimball, was concerned about increased traffic congestion due to the size of the street. Chairman Wright asked if anyone else wanted to speak on this item. No C: \CD \Meeting \Min06 -17.93 P & Z Meeting Minutes June 17, 1993 Page 5 one responded and the Public Hearing was closed. City Attorney Allen Taylor informed the Commission of the following factors that Texas law gives appointed and elected officials when considering zoning changes. - what the City has projected for the area based on the City's Land Use Plan - the need to preserve the separation of structure to prevent the danger of fire /explosion - adequate provision of circulation of light and air for habitation - to separate incompatible land uses. - sufficient utilities, ie., water, sewer - impact of traffic and traffic circulation - if a change in zoning will affect densities - impact on community facilities - neighborhood boundaries, culture - property value changes in area - if the granting or denial would set a precedent which would lead to the forced changing of other zoning categories - impact of historical /architectural structure - financial ability to support development ie., street, water, etc. - adequate response to the site, ie., fire, police City Attorney Allen Taylor then informed the Commission of the factors they were not permitted to consider. - the individual who owns the property - what the prior owner did or did not do Mr. Taylor then commented that the Commission is required to consider the uses as denominated for that district per the zoning ordinance and to determine whether or not those uses are appropriate for the proposed sight based on the factors previously stated. C: \CD \Meeting \Min06 -17.93 P & Z Meeting Minutes June 17, 1993 Page 6 Commissioner Johnson asked Mr. Taylors opinion of what Land Use Plan (LUP) to go by since a new LUP has been recently adopted. Mr. Taylor commented that the Land Use Plan which is specifically addressing the use of the land and which one gives clear notice of what is the City's intent. Mr. Taylor said that Chapter 481 of the Local Government Code provides that the developer is reviewed under the regulations in place at the time of application. However, House Bill 1029 amends that if changes in the development regulations are specifically designed to protect the publics health, safety, and welfare then that change takes precedence. Mr. Taylor noted that no court has incorporated House Bill 1029 to his knowledge. Commissioner Richarme commented that the original 1988 LUP specified the area as transitional zone with no particular use. The newly adopted LUP indicates Low Density Residential which is a continuation of the Low Density Residential area to the immediate north and east. City Attorney Taylor said that he would recommend to use the current LUP because the older one was nonspecific. Commissioner Johnson was concerned about choosing between the old LUP versus the new LUP, but he felt the Mr. Phipps has a reasonable basis for making this application. Commissioner Richarme commented he felt it was important to address three of the zoning factors that City Attorney Taylor had presented. One, the separation of incompatible land uses; second, sufficient utility infrastructure; third, the existing neighborhood boundaries. Mr. Richarme felt it was significant that this item has received such strong opposition from the existing neighbors. The Commission discussed these factors. Commissioner Arnold was concerned with the safety factor and felt that traffic impacted the area negatively. Commissioner McGarity commented he felt the requested zoning would be a good buffer for the industrial plant to the south. Commissioner Barlow was also concerned with the effect of potential increased traffic flow for the present condition versus how it would flow with future street expansion. Commissioner Tate was inclined to go with what is on the current LUP. Motion was made to approve ZA 93 -37, Rezoning for 1.17 acres to 0-1 zoning. Motion: Johnson Second: McGarity Ayes: McGarity and Johnson Nayes: Barlow, Arnold, Richarme, Wright and Tate C: \CD \Meeting \Min06 -17.93 P & Z Meeting Minutes June 17, 1993 Page 7 Denied: 2 -5 Motion was made to deny ZA 93 -37, Rezoning for 1.17 acres to 0-1 zoning. Motion: Richarme Second: Arnold Ayes: Barlow, Arnold, Richarme, Wright, and Tate Nayes: McGarity and Johnson Approved to deny: 5 -2 Mr. Phipps requested in writing what relevance there was pertaining to the safety, health, and welfare of the Community in denying this zoning request. Chairman Wright informed Mr. Phipps he could have a copy of tonight's meeting minutes which would address his request. Agenda Item #4, ZA 93 -27, Final Plat of Timarron Addition, Glendover, Phases 1 and 2, Timarron Land Corporation, Inc. Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for a Final Plat of Timarron Addition, Glendover, Phases 1 and 2, being 38.876 acres situated in the Hall Medlin Survey, Abstract No. 1037 and the Hollingsworth & Barnett Survey, Abstract No. 797. Located South of East Continental Blvd. and West of East Haven Addition. Owner /applicant is Timarron Land Corporation, Inc.. Current zoning is "R- P.U.D." Residential Planned Unit Development. Ms. Gandy said this phase proposes fifty -three lots and was formerly Village "A ", Phases 1 and 2 presented in the revised Preliminary Plat of Timarron, Phase III. Village "A" proposed fifty -five lots. No notices were required to be sent out. Paul McCracken, Engineer of Carter & Burgess and Steve Yetts, Developer of Timarron Land Corp. were present for any comments and questions. Mr. Yetts, commented that they had reviewed the Plat Review Summary dated 6/11/93 and were in agreement with the exception of Item No. 15. which he felt that the importance of the view corridor is sufficient to allow the lot and common green as currently shown. The Commission discussed building lines and the floodplain reclamation comment in Item No. 10 a. Planner Tom Elgin commented that Item No. 10 a. only applies if there is floodplain reclamation. Motion was made to approve ZA 93 -27, Final Plat of Timarron Addition, Glendover, Phases 1 and 2, subject to the Staff Review Summary dated 6/11/93 and with the following changes: - Block 19, Lot 20 reflect a 30 ft building line instead of the C: \CD \Meeting \Min06 -17.93 P & Z Meeting Minutes June 17, 1993 Page 8 35 ft. as indicated. - That Comment No. 15 be deleted. - That Comment No. 10 a. be deleted. Motion: Richarme Second: Arnold Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson, and Tate Nays: none Approved: 7 -0 Agenda Item #5, ZA 93 -28, Final Plat of Timarron Addition, Brenwyck, Phase I, Timarron Land Corporation, Inc. Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for Final Plat of Timarron Addition, Brenwyck, Phase I, being a 30.919 acres situated in the Hall Medlin Survey, Abstract No. 1037, the Hollingsworth & Barnett Survey, Abstract No. 797, and the O.W. Knight Survey, Abstract No. 899. Located North of East Continental Blvd., and West of South Carroll Ave. Owner /applicant is Timarron Land Corporation, Inc. Current zoning is "R- P.U.D." Residential Planned Unit Development. Ms. Gandy said that this phase proposes sixty -four lots and was formerly Village "C" presented in the revised Preliminary Plat of Timarron, Phase III. Village "C" proposed sixty -four lots. No notices were required to be sent out. Ms. Gandy commented that the applicant has responded to the Staff Review Summary dated 6/11/93 and is presenting an updated plat tonight. Steve Yetts, Developer, Timarron Land Corp. commented that he reveiwed the Staff's Plat Review Summary dated 6/11/93 and had no problem complying with the comments. The Commission discussed the staff's review comments and the changes that were made. Motion was made to approve ZA 93 -28, Final Plat of Timarron Addition, Brenwyck, Phase I subject to the Staff Review Letter dated 6/11/93 and correcting the Block references in No. 8 b & c to reflect Block 12 instead of Block 10. Motion: McGarity Second: Johnson Ayes: Barlow, McGArity, Arnold, Richarme, Wright, Johnson, and Tate Nays: none Approved: 7 -0 Agenda Item #6, ZA 93 -30, Final Plat of Timarron Addition, Wyndsor Creek, Phases 1 & 2, Timarron Land Corporation, Inc. Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for Final Plat of Timarron Addition, Wyndsor Creek, Phase 1 & 2, being 40.742 acres situated in the O.W. Knight C: \CD \Meeting \Min06 -17.93 P & Z Meeting Minutes June 17, 1993 Page 9 Survey, Abstract No. 899. Located North of East Continental Blvd. and approximately 1,500 feet West of South Carroll Avenue. Owner /applicant is Timarron Land Corporation, Inc. Current zoning is "R- P.U.D." Residential Planned Unit Development. Ms. Gandy said that this phase proposes eighty -four lots and was formerly Village "B ", Phases 1 and 2 presented in the revised Preliminary Plat of Timarron, Phase III. Village "B" proposed ninety -five lots. No notices were required to be sent out. Steve Yetts, Developer, Timarron Land Corp. commented he had reviewed the Staff's Plat Review Summary dated 6/11/93 and was in agreement with all the request. Motion was made to approve ZA 93 -30, Final Plat of Timarron Addition, Wyndsor Creek, Phases 1 & 2 subject to the Staff's Review Summary dated 6/11/93. Motion: Arnold Second: Richarme Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and Tate Nays: none Approved: 7 -0 Agenda Item #7, ZA 93 -34, Rezoning for 2.545 acres, Peter F. Gonzalez. Chairman Wright advised the audience that this item was a Public Hearing. Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for rezoning approval for 2.545 acres situated in the Reis D. Price Survey, Abstract No. 1207, Tracts 3B01, 3B1B, and 3B1C. Located at 2930 Ridgecrest. Owner is Peter F. Gonzalez, and the applicants are Jerry and Marilyn Gilbert. Current zoning is "SF -1A" Single Family Residential District. The requested zoning is "AG" Agricultural District. Land use category is Low Density Residential. Ms. Gandy said that these tracts are West of the Gilbert property which had been platted as Stonegate Manor Estate. Note that the final plat of Stonegate Manor Estate has never been filed of record at Tarrant County. The Gilberts plan to incorporate these tracts into a revised Stonegate Manor Estate plat. Twenty -two notices were sent out and one response was received in favor from Mr. Bill Kaizer, 3025 Briar Lane. Bob Bronsted with Remax was present to represent Mr. and Mrs. Gilbert. Chairman Wright asked if anyone in the audience wanted to speak on this item. No one responded and the Public Hearing was closed. Motion was made to approve ZA 93 -34, Rezoning for 2.545 acres to "AG" Agricultural District. Motion: Richarme Second: McGarity Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson, and Tate. C: \CD \Meeting \Min06 -17.93 P & Z Meeting Minutes June 17, 1993 Page 10 Nays: none Approved: 7 -0 Agenda Item #8, Revised Preliminary Plat for Stonegate Manor Estate, Peter G. Gonzalez /Jerry & Marilyn Gilbert. Chairman Wright advised the audience that this item was a Public Hearing. Zoning Administrator Karen Gandy informed the Commission that the applicant's request was for revised Preliminary Plat approval of Stonegate Manor Estate, Lot 1, Block 1, being 24.895 acres situated in the Reis D. Price Survey, Abstract No. 1207, Tracts 2F, 2F6, 2F7, 2F8, 3B1, 3B1A, 3B1B, and 3B1C. Located at 2930 Ridgecrest. Owners /applicants are Jerry and Marilyn Gilbert and Peter G. Gonzalez. Land use category is Low Residential District. Ms. Gandy said that the Gilberts plan to purchase the three tracts to the West and incorporate them into their previously approved Stonegate Manor Estate plat. Twenty -two notices were sent out and no responses were received. Ms. Gandy also commented that the Gilberts had made a Special Use permit request for equestrian uses for this site and suggested that they come back at a later time adding the acreage to the specific use permit. Mr. Bob Bronsted of Remax was present to represent the Gilberts. Mr. Bronsted reviewed the Staff's Plat Review Summary and had no problems complying with the request. Chairman Wright asked if anyone in the audience wanted to speak on this item. No one responded and the Public Hearing was closed. Motion was made to approve ZA 93 -35, Revised Preliminary Plat for Stonegate Manor Estate subject to the Staff's Plat Review Summary dated 6/11/93. Motion: McGarity Second: Barlow Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson, and Tate Nays: none Approved: 7 - The meeting was adjourned at 10:30 p.m. ,...i5 Joe Wrigh , airman ATTEST: &idei ��(2 _ Glenda Ja n Y Community Development Secretary C: \CD \Meeting \Min06 -17.93