1993-10-21 P&Z Meeting City of Southlake, Texas
REGULAR PLANNING AND ZONING COMMISSION MEETING OCTOBER 21, 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 October 7, 1993 P & Z Meeting.
3. Administrative Comments.
4. Consider: ZA 93 -73, Plat Revision of Lots 4BR1 and 4BR2, Block 1,
C.A. Sweet Addition, being 2.45 acres situated in the
J.W. Chivers Survey, Abstract No. 350. Location: 180
Sweet Street. Current zoning: "SF -1A" Single Family -1A
Residential. Owners: Lee F. and Mary L. Conway.
Continuation of Public Hearing.
5. Consider: ZA 93 -80, Rezoning and Concept Plan request for North
View Estates, being 15.054 acres out of the A.H.
Chivers Survey, Abstract 299, Tracts 1A1B, 1B and a
portion of Tract 2A. Current zoning: "AG"
Agricultural; Requested zoning: "SF -20A" Single Family -
20A Residential. Location: North of Primrose Lane,
West of N. Carroll Avenue, and South of E. Dove Street.
Owners: William Hudson and Robert Mussina. Applicant:
Jeff Mercer d /b /a Concept Homes.
Continuation of Public Hearing.
6. Consider: ZA 93 -82, Rezoning request for 8.726 acres situated in
the Hiram Granberry Survey, Abstract No. 581, Tracts
5A, 5A1, 5E, and a portion of Tract 5. Location:
Northeast corner of East Continental Blvd. and South
White Chapel Blvd. Current zoning: "AG" Agricultural.
Requested zoning: "SF -1A" Single Family -1A Residential.
Owner: Ralph Vargo Williams.
Public Hearing.
7. Consider: ZA 93 -83, Specific Use Permit for equestrian uses
(private arena) per Ordinance No. 480, Section 45.1
(18), being legally described as 4.034 acres situated
in the O.W. Knight Survey, Abstract 899, Tracts 8A and
8A2. Location: 790 S. Carroll Ave. Owners: Tom and
Diette Barnett. Current zoning: "AG" Agricultural.
Public Hearing.
8. Consider: ZA 93 -84, Final Plat of Lot 1, Block 1, Reutlinger
Addition, being 0.889 acres (a portion of a larger
15.092 acre tract) situated in the Hiram Granberry
Survey, Abstract No. 581. Location: South side of F.M.
1709 between Shady Oaks Drive and South White Chapel
Blvd. Current zoning: "C -2" Local Retail Commercial
District. Owner: Dr. Richard A. Reutlinger.
- City of Southlake, Texas
Planning and Zoning Commission Meeting
October 21, 1993
Page Two
9. Consider: ZA 93 -85, Plat Revision of a 8.559 acre portion of
Tract 5, The Glory Place, being revised to Tracts 5R1
and 5R2, The Glory Place. Location: East side of
South White Chapel Blvd. in the 1000- block. Current
zoning: "SF -1A" Single Family -1A Residential. Owner:
Imperial Eagle Investment, Inc.; Gary Hargett,
President.
Public Hearing.
10. Consider: ZA 93 -86, Preliminary Plat of Lot 1, Rougemont, being
14.782 acres situated in the Thomas Beedy Survey,
Abstract No. 72, Tracts 2A1 and 2A1A. Location: 1900 -
block of North Peytonville Ave. Current zoning: "AG"
Agricultural. Owners: Yves and Sharon Meyers.
Public Hearing.
11. Consider: Ordinance No. 480 -M, revisions to the Zoning Ordinance
regarding terminology and exhibit requirements,
screening requirements for trash receptacles, and
bufferyard procedures.
Public Hearing.
12. 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, October 15, 1993, at 5:00 p.m., pursuant to the Open
Meetings Act, Chapter 551 of the Texas Government Code.
andra L. LeGrand = `"`' S
City Secretary • v, `
v �.
If you plan to attend this public meet atd..b .'& a gasability that requires special
needs, please advise the City Secretary 'b /T hoth* i vance at 481 -5581 extension 704,
and reasonable accommodations will be made "Uouest you.
CITY OF SOUTHLAKE
PLANNING AND ZONING COMMISSION MEETING
OCTOBER 21, 1993
MINUTES
Commission Present: Chairman, Joe Wright; Members: Kate Barlow,
Nick McGarity, Randy Arnold, Michael Richarme, Ernest Johnson, and
Lanny Tate.
City Staff Present: Community Development Director, Greg Last;
Planner, Tom Elgin; Zoning Administrator, Karen Gandy; 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 October 7, 1993
Planning and Zoning Commission meeting.
Motion: Arnold
Second: Johnson
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson, and
Tate
Nays: none
Approved: 7 -0
Chairman Wright informed the Commission that the applicant's for
Item's #5, #6, and #9 have requested to table until the next
Planning and Zoning meeting on November 4, 1993.
Agenda Item #5, ZA 93 -80, Rezoning and Concept Plan request for
North View Estates, William Hudson and Robert Mussina.
Motion was made to table ZA 93 -80, Rezoning and Concept Plan for
North View Estates and to continue the Public Hearing on the
November 4, 1993 meeting as requested by applicant Jeff Mercer
d \b \a Concept Homes.
Motion: Tate
Second: Arnold
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson, and
Tate
Nays: none
Approved: 7 -0
Agenda Item #6, ZA 93 -82, Rezoning request for 8.726 acres situated
in the Hiram Granberry Survey, Abstract No. 581, Tracts 5A, 5A1,
5E, and a portion of Tract 5.
Motion was made to table ZA 93 -82, Rezoning request for Tracts 5A,
5A1, 5E, and a portion of Tract 5 and to continue the Public
Hearing on the November 4, 1993 meeting as requested by applicant
Ralph Vargo Williams.
Motion: McGarity
Second: Barlow
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson, and
Tate
Nays: none
Approved: 7 -0
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Planning and Zoning Meeting Minutes
October 21, 1993
Page 2
Agenda Item #9, ZA 93 -85, Plat Revision of a 8.559 acre portion of
Tract 5, The Glory Place.
Motion was made to table ZA 93 -85, Plat Revision, The Glory Place
Addition and to continue the Public Hearing on the November 4, 1993
meeting as requested by applicant Gary Hargett, President of
Imperial Eagle Investment, Inc.
Motion: Tate
Second: Johnson
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson, and
Tate
Nays: none
Approved: 7 -0
Agenda Item #3, Administrative Comments.
No comments.
Agenda Item #4, ZA 93 -73, Plat Revision of Lots 4BR1 and 4BR2,
Block 1, C.A. Sweet Addition, Lee F. and Mary L. Conway.
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 a Plat Revision of Lots 4BR1 and 4BR2,
Block 1, C.A. Sweet Addition, being 2.45 acres situated in the J.
W. Chivers Survey, Abstract No. 350. Located at 180 Sweet Street.
Owner /applicant of the property is Lee F. and Mary L. Conway.
Current zoning is "SF -1A" Single Family -1A Residential. Land use
is Medium Density Residential. Eight notices were sent out and no
responses were received.
Mr. Lee Conway, 180 Sweet St. was present to represent this item.
Mr. Conway said he had seen the Plat Review letter dated October
15, 1993 and had no problems.
Public Hearing. No one responded and the Public Hearing was
closed.
Motion was made to approve ZA 93 -73, Plat Revision of Lots 4BR1 and
4BR2, Block 1, C.A. Sweet Addition subject to the Plat Review
Letter dated October 15, 1993.
Motion: Johnson
Second: Richarme
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson, and
Tate
Nays: none
Approved: 7 -0
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Planning and Zoning Meeting Minutes
October 21, 1993
Page 3
Agenda Item #7, ZA 93 -83, Specific Use for equestrian uses (private
arena), Tom and Diette Barnett.
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 a Specific Use Permit for equestrian
uses (private arena) per Ordinance No. 480, Section 45.1 (18),
being legally described as 4.034 acres situated in the O.W. Knight
Survey, Abstract 899, Tracts 8A and 8A2. Located at 790 S. Carroll
Ave. Owners are Tom and Diette Barnett. Current zoning is "AG"
Agricultural. Seven notices were sent out and six responses were
received in opposition from Zena Rucker, 650 S. Carroll Ave;
William W. Rucker, 650 S. Carroll Ave; Paul L. Schell, 620 S.
Carroll Ave; Bill and Cheryl Pond, 920 S. Carroll Ave; Susan E.
Evans, President of Timarron Land Corp.; and Marvin R. Kercho, 115
Riviera Dr., San Antonio, Tx. (see attached letters) Ms. Gandy
said that Code Enforcement is currently working a complaint
regarding the equestrian use on this property. In December, 1992,
Mr. Barnett requested permission to build exterior lighting around
the arena for his personal nighttime riding. In the months
following the placement of the lighting, the use evolved into team
roping several nights per week. Attached is Ms. Gandy's letter to
Mr. Barnett establishing the limits of the equestrian uses. Also
attached is the applicants' letter describing their current
equestrian activities. Ms. Gandy said they have gone beyond what
was originally stipulated and have become more than a casual
nighttime riding arena.
Diette Barnett, owner was present to represent this item. Mrs.
Barnett admitted that on occasion they have roped beyond midnight.
Mrs. Barnett then requested that they be allowed to practice roping
until an reasonable hour on her property with their friends. She
said that they would not use a P.A. system, but would like to keep
the arena lighting. She commented that they normally will keep six
steers and three horses on the property, and may have no more than
ten friends with possibly ten trailers for a period of two hours
twice a week.
Public Hearing.
Bill Pond, 920 S. Carroll Avenue, opposed due to the dust, lights,
traffic and activity hours sometime after midnight.
Zena Rucker, 650 S. Carroll Avenue, opposed due to no parking, no
bathrooms, and the bright lights and noise are disturbing the
peace.
Susan E. Evans, President of Timarron Land Corp., opposed due to
noncompatibilty with the surrounding single family homes, the
twenty foot lights, dust and P.A. system. Ms. Evans requested that
the P &Z require the owner to remove the existing lights and P.A.
system.
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Planning and Zoning Meeting Minutes
October 21, 1993
Page 4
Public Hearing closed.
Motion was made to approve ZA 93 -83, Specific Use Permit for
equestrian uses subject to the Plan Review Summary dated October
15, 1993 with the following stipulations: Private area to be
operated between the hours of 8:00 a.m. to 9:30 p.m.; Arena lights
to be re -aimed to shine on owners property only; All visitors to
park behind building; No more than five trailers on the property at
a item; Permannet livestock not to exceed nine (9), and any
additional livestock visiting not to exceed six (6); No Public
Address system at any time; No dust, odor, flies, or any nuisance
that would effect the general health of the public.
Motion: Johnson
Second: Richarme
Ayes: Richarme, Johnson, and Tate
Nays: Barlow, McGarity, Arnold and Wright
Denied: 3 -4
Motion was made to deny ZA 93 -83, Specific Use Permit for
equestrian uses.
Motion: McGarity
Second: Arnold
Ayes: Barlow, McGarity, and Arnold
Nays: Richarme, Wright, Johnson, and Tate
Denied: 3 -4
The Commission further discussed the merits of the case.
After further discussion a motion was made to deny ZA 93 -83,
Specific Use Permit for equestrian uses.
Motion: McGarity
Second: Arnold
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson, and
Tate
Nays: none
Approved: 7 -0
Agenda Item #8, ZA 93 -84, Final Plat of Lot 1, Block 1, Reutlinger
Addition, Dr. Richard A. Reutlinger.
Final Plat of Lot 1, Block 1, Reutlinger Addition, 0.889 acres (a
portion of a larger 15.092 tract) situated in the Hiram Granberry
Survey, Abstract No. 581. Located on the South side of F.M. 1709
between Shady Oaks Drive and South White Chapel Blvd. Current
zoning is "C -2" Local Retail Commercial District. Owner of the
property is Dr. Richard A. Reutlinger. No notices were required.
Ms. Gandy said the applicant is final platting only Lot 1 at this
time so that it can be sold. Ms. Gandy then informed the
Commission that on September 21, 1993, ZA 93 -58, Preliminary Plat
for Lots 1 & 2, Block 1, Reutlinger Addition, was approved (6 -0) by
the City Council subject to the second Plat Review Summary dated
September 17, 1993; in item #1, the wording be changed to reflect
the city will not require the stub street across the property in
question, but do reserve the right to bring the issue back up at a
later date when the property is final platted (the Commission does
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Planning and Zoning Meeting Minutes
October 21, 1993
Page 5
acknowledge the various ground rules Council set forth regarding
street stubs and access to drainage easements, however, it
concludes this not to be the appropriate time to address those
issues); item #3, wording be changed as follows: "At the time this
plat is presented for final plat approval, some method of access
for maintenance purposes must be provided by the developer, to
support the 52' drainage easement along the western boundary of the
property."
Carmen Blankenship, Attorney, was present to represent Dr.
Reutlinger. Ms. Blankenship commented that they have seen the Plat
Review letter dated October 15, 1993 and agreed with the exception
of the required 25 ft. common access easement. Ms. Blankenship
requested that the 25 ft. common access easement requirement on Lot
1 be deleted because Dr. Reutlinger wanted to maintain control of
the easement and address it at the time Lot 2 is developed. The
applicant's proposition is have a private access agreement, not a
public one as required by the City.
The Commission discussed curb cuts, and the rights to a common
access easement.
Motion was made to approve ZA 93 -84, Final Plat of Lot 1, Block 1,
Reutlinger Addition subject to the Plat Review letter dated October
15, 1993 as presented.
Motion: Richarme
Second: McGarity
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson, and
Tate
Nays: none
Approved: 7 -0
Agenda Item # 10, ZA 93 -86, Preliminary Plat of Lot 1, Rouqemont,
Yves and Sharon Meyers.
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 a Preliminary Plat of Lot 1,
Rougemont, being 14.782 acres situated in the Thomas Beedy Survey,
Abstract No. 72, Tracts 2A1 and 2A1A. Located in the 1900 -block of
North Peytonville Ave. Current zoning is "AG" Agricultural.
Owners of the property are Drs. Yves and Sharon Meyers. Seventeen
notices were sent out and no responses were received. Ms. Gandy
said the applicants propose platting the property into one lot and
keeping the "AG" zoning. They plan to demolish the residence on
the south side, keep the residence on the north side for a
caretaker's quarters, and build a new residence for themselves to
the East.
Dr. Sharon Meyers, owner was present to represent this item. Dr.
Meyers said she had seen the Plat Review letter dated October 15,
1993 and was in agreement with the exception of No. 4. Dr. Meyers
explained that they are opposed to having an access through their
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Planning and Zoning Meeting Minutes
October 21, 1993
Page 6
property because they bought the property for the rural setting and
for their own home and privacy.
The commission discussed the reasons to require the extension of
Britain Drive to the South. Reasons to require: It is
economically advantageous for property owners who are planning to
subdivide and to sell the rear portion of their properties; it
would eliminate "panhandle developments." Reasons not to require:
The owners stated that they are not planning to subdivide the
property at this time or in the future. The option is always
available to extend the road in the future should they decide to
subdivide the property.
Public Hearing. No one responded and the Public Hearing was closed.
Motion was made to approve ZA 93 -86, Preliminary Plat of Lot 1,
Rougemont subject to Plat Review letter dated October 15, 1993
deleting items No. 4 and No. 5.
Motion: McGarity
Second: Barlow
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson, and
Tate
Nays: none
Approved: 7 -0
Agenda Item #11, Ordinance No. 480 -M, revisions to the Zoning
Ordinance.
Chairman Wright advised the audience that this item was a Public
Hearing.
Zoning Administrator Karen Gandy informed the Commission that
through discussions with the City Council at their September 7,
1993 meeting. Staff was directed to draft revisions to the zoning
ordinance eliminating the concept plan approval prior to site plan
submittal for a building permit. Ms. Gandy said that Council asked
Staff to get direction from the P & Z Commission. Staff also has
made recommendations to alleviate confusion in terminology between
concept plans, development site plans and site plans for building
permit.
Public Hearing. No one responded and the Public Hearing was closed.
The Commission discussed the staff's recommendations
Motion was made to table Item #11, Ordinance No. 480 -M and continue
the Public Hearing until the November 4, 1993 meeting.
Motion: Arnold
Second: Johnson
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson, and
Tate
Nays: none
Approved: 7 -0
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Planning and Zoning Meeting Minutes
October 21, 1993
Page 7
The meeting was adjourned at 11:05 p.m.
/r
Joe Wri•' t, Chaim.;
ATTEST:
Gle da Jaynes,
Community Development Secretary
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