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1993-11-04 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING NOVEMBER 4, 1993 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall EXECUTIVE SESSION: 7:00 P.M. Pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076. Refer to Posted. Confer with City Attorney on case - related items. REGULAR SESSION: 7:30 P.M. AGENDA: 1. Call to Order. 2. Approval of Minutes of the October 21, 1993 P & Z Meeting. 3. Administrative Comments. 4. 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. 5. 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. Continuation of Public Hearing. 6. Consider: ZA 93 -92, Preliminary Plat of Adams Addition, being 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. Owner: Ralph Vargo Williams. Applicant: Warren E. Hagan, Inc. Public Hearing. 7. 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. Continuation of Public Hearing. City of Southlake, Texas Planning and Zoning Meeting Agenda November 4, 1993 Page 2 8. Consider: ZA 93 -88, Rezoning request for 8.660 acres being situated in the John J. Freshour Survey, Abstract No. 521, Tracts 2 and 2D. Current zoning is "AG" Agricultural; Requested zoning: "SF -1A" Single Family Residential District. Location: East side of Pearson Lane between Florence Rd. and Johnson Rd. Owners: Stephen M. Jackson d \b \a Metroplex Trucking, Inc. and Perk & Carol Carmack. Public Hearing. 9. Consider: ZA 93 -89, Plat Showing of Lot 1 and Lot 2, John J. Freshour No. 521 Addition, being 8.660 acres situated in the John J. Freshour Survey, Abstract No. 521, Tracts 2 and 2D. Location: East side of Pearson Lane between Florence Rd. and Johnson Rd. Owners: Stephen M. Jackson d \b \a Metroplex Trucking, Inc. and Perk & Carol Carmack. Applicant: Daniel S. Paxton. Public Hearing. 10. Consider: ZA 93 -90, Rezoning and Concept Plan request for Chapel Village, being 4.399 acres situated in the Hiram Granberry Survey, Abstract 581, Tract 1C. Current zoning is "AG" Agricultural; Requested zoning: "C -2" Local Retail Commercial District. Location: Northwest corner of the intersection of South White Chapel Blvd. and West Continental Blvd. Owner: E- Systems, Inc. - Pool Trust; David C. McMahan, Agent. Public Hearing. 11. Consider: ZA 93 -91, Concept Plan approval for Southlake Baptist Church, being 0.9541 acres situated in the Hiram Granberry Survey, Abstract 581, Tract 3C1, and being proposed as Lot 4, H. Granberry No. 581 Addition. Location: 190 S. White Chapel Road. Owner: Southlake Baptist Church. Public Hearing. 12. Consider: ZA 93 -93, Plat Revision of Lot 62R, Block 5, Timarron Addition, Phase 2, Section 2, Bent Creek and Lot 26R, Block 7, Timarron Addition, Phase 2, Section 2, Bent Creek, being a total of 1.70 acres situated in the Hall Medlin Survey, Abstract No. 1038. Location: East of the intersection of Bent Creek Drive and Bent Creek Court. Current zoning: "R- P.U.D." Residential Planned Unit Development. Owner: Timarron Land Corp. Public Hearing. 13. Consider: ZA 93 -94, Final Plat of Timarron Addition, Bent Creek, Phase 2, Section 2A, being 22.775 acres situated in the Hall Medlin Survey, Abstract 1037 and the Hall Medlin Survey, Abstract No. 1038. Location: East of Timarron, Phase 2 Section 2, adjacent to Big Bear Creek. Current zoning: "R- P.U.D." Residential Planned Unit City of Southlake, Texas Planning and Zoning Meeting Agenda November 4, 1993 Page 3 Development. Owner: Timarron Land Corporation. 14. Consider: ZA 93 -95, Development Site Plan for the Golf Course Clubhouse, being proposed on Block 1, Lot 3, Timarron Golf Course, being 12.61 acres situated in the Hollingsworth and Barnett Survey, Abstract No. 797. Location: South of East Haven Addition and Southeast of Glendover. Current zoning: "R- P.U.D." Residential Planned Unit Development. Owner: Timarron Land Corp. Public Hearing. 15. Consider: ZA 93 -96, Development Site Plan for the Golf Course Maintenance Facility, being proposed on Block 2, Lot 1, Timarron Golf Course, being 3.43 acres situated in the Hollingsworth and Barnett Survey, Abstract No. 797. Location: South of East Haven Addition and Southeast of Glendover. Current zoning: "R- P.U.D." Residential Planned Unit Development. Owner: Timarron Land Corp. Public Hearing. 16. Consider: ZA 93 -97, Final Plat of Lot 1, Block 2 and Lot 3, Block 1, Timarron Golf Course, being 16.04 acres situated in the Hollingsworth & Barnett Survey, Abstract No. 797. Location: South of East Haven Addition and Southeast of Glendover. Current zoning: "R- P.U.D." Residential Planned Unit Development. Owner: Timarron Land Corp. Public Hearing. 17. Consider: Ordinance No. 480 -M, revisions to the Zoning Ordinance regarding terminology and exhibit requirements (i.e. concept plans, site plans, development plans), screening requirements for trash receptacles, and bufferyard procedures. Continuation of Public Hearing. 18. 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 29, 1993, at 5:00 p.m., pursuant to the Open OW� �; �MI��� ••%c3 ; , Chapter 551 of the Texas Government Code. ,DO tttt A �Y L i 1,1 iI . Ii�L.:��l.� �►��� : a andra L. LeGrand = \` City Secretary If you plan to attend this publ %p o }agand have a disability that requires special needs, please advise the City Secre ary 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 NOVEMBER 4, 1993 MINUTES Commission Present: Chairman, Joe Wright; Members: Kate Barlow, Nick McGarity, Randy Arnold, Ernest Johnson, and Lanny Tate. Commissioner Absent: Michael Richarme City Staff Present: Community Development Director, Greg Last; Planner, Tom Elgin; Zoning Administrator, Karen Gandy; City Attorney Wayne Olson and Community Development Secretary, Glenda Jaynes. The meeting was called to order by Chairman Wright at 7:00 p.m. Chairman Wright advised the audience that Planning and Zoning Commission would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076, of the Open Meetings Act, to seek the advice of our City Attorney. Planning and Zoning Commission adjourned into executive session at 7:05 p.m. Executive Session Planning and Zoning Commission returned to open session at 7:40 p.m. No action was necessary as the result of the executive session. Agenda Item #2, Approval of Minutes. Motion was made to defer the action on Minutes of the October 21, 1993, to the November 18, 1993 Planning and Zoning Commission meeting. Motion: Johnson Second: McGarity Ayes: Barlow, McGarity, Arnold, Wright, Johnson, and Tate Nays: none Approved: 6 -0 Agenda Item #3, Administrative Comments. No Comments. C: /WPF /MTG /MIN1104.93 P & Z Meeting Minutes November 4, 1993 Page 2 Agenda Item #4, ZA 93 -80, Rezoning and Concept Plan, North View Estates, William Hudson and Robert Mussina. Chairman Wright informed the Commission that Jeff Mercer d /b /a Concept Homes requested that North View Estates be withdrawn from consideration by the City. Motion was made to withdraw ZA 93 -80, Rezoning and Concept request for North View Estates from the consideration by the City as requested by the applicant Jeff Mercer d /b /a Concept Homes. Motion: Arnold Second: McGarity Ayes: Barlow, McGarity, Arnold, Wright, Johnson, and Tate Nays: none Approved: 6 -0 Agenda Item #5, ZA 93 -82, Rezoning request for 8.726 acres situated in the Hiram Granberry Survey, Abstract No. 581., Ralph Vargo Williams. Chairman Wright advised the audience that this item is a Public Hearing. Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for a 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. Located on the Northeast corner of East Continental Blvd. and South White Chapel Blvd. Current zoning is "AG" Agricultural and the requested zoning is "SF -1A" Single Family -1A Residential. Owner is Ralph Vargo Williams. Eight notices were sent out and one response was received in opposition from Gary Hargett, 1125 S. White Chapel Blvd. (see attached letter) Ms. Gandy said the applicant proposes to subdivide the requested property into seven one acre lots, build a home for himself and sell the rest. Warren E. Hagan, Consulting Engineer, 500 Grapevine Hwy, Hurst, Tx. was present to represent the owner. The applicant is only requesting to change the zoning on a portion of Tract 5, from "AG" to "SF -1A ". This will result in two zoning districts on Tract 5 (split zoning). Public Hearing. Gary Hargett, 1125 S. White Chapel commented he was not opposed to the rezoning of this property, however, he was opposed to the preliminary plat. C: /WPF /MTG /MIN1104.93 P & Z Meeting Minutes November 4, 1993 Page 3 Public Hearing Closed. Motion was made to approve ZA 93 -82, Rezoning request for 8.726 acres situated in the Hiram Granberry Survey, Abstract No. 581. Motion: Tate Second: Arnold Ayes: Barlow, McGarity, Arnold, Wright, Johnson, and Tate Nays: none Approved: 6 -0 Agenda Item #6, ZA 93 -92, Preliminary Plat of Adams Addition, being 8.726 acres situated in the Hiram Granberry Survey, Abstract No. 581, Ralph Vargo Williams. Chairman Wright advised the audience that this item is a Public Hearing. Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for a Preliminary Plat of Adams Addition, being 8.726 acres situated in the Hiram Granberry Survey, Abstract No. 581, Tracts 5A, 5A1, 5E, and a portion of Tract 5. Located on the Northeast corner of East Continental Blvd. and South White Chapel Blvd. Owner is Ralph Vargo Williams and the applicant is Warren E. Hagan, Inc. Eight notices were sent out and one response was received in opposition from Gary Hargett, 1125 S. White Chapel Blvd. (see attached letter) As noted in the staff's revised review summary dated 11/03/93 this preliminary plat incorporates a portion of an unplatted tract which is prohibited by the subdivision ordinance. The remaining off -site 0.49 acres portion must be included within the boundary of this plat in order to subdivide that tract. Staff would allow contingent approval of this preliminary plat upon submittal of a plat on the property to the east which includes the 0.49 acre tract. Warren E. Hagan, Consulting Engineer, 500 Grapevine Hwy, Hurst, Tx. was present to represent the owner. Mr. Hagan commented he has seen the Revised Plat Review summary dated November 3, 1993 and has no problems. Public Hearing. Gary Hargett, 1125 S. White Chapel related his problem of subdividing his portion of land to the North with the Adams Addition. Chairman Wright commented that the Commission understood his position and they would address it, however, his problem needed to be considered as a separate matter from this item. C: /WPF /MTG /MIN1104.93 P & Z Meeting Minutes November 4, 1993 Page 4 Public Hearing closed. Motion was made to approve ZA 93 -92, Preliminary Plat of Adams Addition subject to Revised Plat Review summary dated November 3, 1993 noting particularly their expressed intent to rezone and replat the property to the East as referenced in item #1. Motion: Johnson Second: Tate Ayes: Barlow, McGarity, Arnold, Wright, Johnson, and Tate Nays: none Approved: 6 -0 Agenda Item #7, ZA 93 -85, Plat Revision of an 8.559 acre portion of Tract 5, The Glory Place, Imperial Eagle Investment Inc., Gary Hargett, President. 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 an 8.559 acre portion of Tract 5, The Glory Place, being revised to Tracts 5R1 and 5R2, The Glory Place. Located on the East side of South White Chapel Blvd. in the 1000- block. Current zoning is "SF -1A" Single Family -1A Residential. Owner /applicant is Imperial Eagle Investment, Inc., Gary Hargett, President. Six notices were sent out and no responses received. Ms. Gandy commented that Mr. Hargett seeks to further subdivide his portion of Tract 5 of the Glory Place, but the City's position is that the balance of Tract 5 of the Glory Place must be included with the request. Ms. Gandy said through conversations with Mr. Hargett, it appears that Mr. Gilchrist is unwilling at this time to participate in the platting process. Gary Hargett, President of Imperial Eagle Investment, Inc., was present to represent this item. Mr. Hargett said he had no problems with the Revised Plat Review summary dated November 11, 1993 and he recently talked with Mr. Gilcrest and is working to resolve the problem and meet the City's request. Chairman Wright told Mr. Hargett that with the information received on this item, it is the Commissions opinion that he and Mr. Gilcrest try to resolve his problem and then come back to the Planning and Zoning Commission. Public Hearing closed. Motion was made to table and to continue the Public Hearing until C: /WPF /MTG /MIN1104.93 P & Z Meeting Minutes November 4, 1993 Page 5 November 18, 1993 as requested by applicant Gary Hargett, President of Imperial Eagle Investment, Inc. Motion: McGarity Second: Barlow Ayes: Barlow, McGarity, Arnold, Wright, Johnson, and Tate Nays: none Approved: 6 -0 Agenda Item #8, ZA 93 -88, Rezoning request for 8.660 acres, Stephen M. Jackson d /b /a Metroplex Trucking, Inc. and Perk & Carol Carmack. Agenda Item #9, ZA 93 -89, Plat Showing of Lot 1 and Lot 2, John J Freshour No. 521 Addition, Stephen M. Jackson d /b /a Metroplex Trucking, Inc. and Perk & Carol Carmack. Applicant, Daniel S. Paxton. Zoning Administrator Karen Gandy informed the Commission that she had received a letter from Mike Robertson of RE /MAX Realtors, agent for Perk and Carol Carmack, Stephen M. Jackson and Daniel Paxton, requesting that the above referenced rezoning and preliminary plat be tabled and the public hearing continued until the Planning and Zoning Commission meeting on November 18, 1993. Motion was made to table ZA 93 -88 and ZA 93 -89 and continue the Public Hearing on the November 18, 1993 meeting as requested by the Mike Robertson, agent for the owners. Motion: Arnold Second: Tate Ayes: Barlow, McGarity, Arnold, Wright, Johnson, and Tate Nays: none Approved: 6 -0 Agenda Item #10, ZA 93 -90, Rezoning and Concept Plan request for Chapel Village, E- System, Inc. - Pool Trust; David C. McMahan, Agent. Chairman Wright stepped down on this item due to possible conflict of interest. Acting Chairman Lanny Tate 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 Rezoning and Concept Plan request for Chapel Village, being 4.399 acres situated in the Hiram Granberry Survey, Abstract 581, Tract 1C. Current zoning is "AG" Agricultural and the requested zoning is "C -2" Local Retail Commercial District. Located on the Northwest corner of the intersection of South White Chapel Blvd. and West Continental Blvd. C: /WPF /MTG /MIN1104.93 P & Z Meeting Minutes November 4, 1993 Page 6 Owner is E- Systems, Inc. - Pool Trust; David C. McMahan, Agent. Seven notices were sent out and one response was received in opposition from Gary Hargett who exceeded the 200 feet notification area. David McMahan, Agent for owner E- Systems, Inc. -Pool Trust was present to represent this item. Mr. McMahan said he had seen the Revised Plan Review Summary dated November 3, 1993 and had no problems except with the staff's informational comment on the construction of the road to the west of the property. For the record, the representative of the applicant, under direct questioning, indicated that he had about 60% of his space generally committed, all of which would fit into the C -1 catagory. Community Development Director Greg Last commented that the construction of the road will be determined with the commercial developer's agreement prior to approval of a building permit. Public Hearing. Gary Hargett, 1125 S. White Chapel Blvd., although he lives outside of the 200 feet notification area was concerned that the requested "C -2" zoning was not right for this area and asked the Commission to consider what future development could go in the "C -2" zoning. Sam Burnett, 921 S. White Chapel Blvd. also opposed the "C -2" zoning, saying this zoning is not adequate to serve this area and he doesn't need commercial down from his property. Warren Hagan, Engineer for the Adams Addition opposed the "C -2" zoning being across from residential. Public Hearing closed. Commissioner Johnson was concerned with the compatibility of the "C -2" Local Retail Commercial District with the existing land use destination. Mr. McMahan, agent for the owners of this property responded that they chose the "C -2" because they felt it best fit the size of the property and the square footage of the buildings. Motion was made to deny ZA 93 -90, Rezoning and Concept Plan request for Chapel Village. Motion: Johnson Second: Arnold Motion: Withdrawn C: /WPF /MTG /MIN1104.93 P & Z Meeting Minutes November 4, 1993 Page 7 Motion was made to approve ZA 93 -90, Rezoning and Concept Plan for Chapel Village subject to the Revised Plan Review summary dated November 3, 1993 and changing the zoning request to "C -1" Neighborhood Commercial District instead of "C -2" Local Retail Commercial District. Motion: McGarity Second: Johnson Ayes: Barlow, McGarity, Arnold, Johnson, and Tate Nays: none Approved: 5 -0 Agenda Item #11, ZA 93 -91, Concept Plan for Southlake Baptist Church, Southlake Baptist Church. 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 Concept Plan approval for Southlake Baptist Church, being 0.9541 acres situated in the Hiram Granberry Survey, Abstract 581, Tract 3C1, and being proposed as Lot 4, H. Granberry No. 581 Addition. Located at 190 S. White Chapel Road. Owner is Southlake Baptist Church and the applicant is Greg Mills, d /b /a Promise Homes. Current zoning is "CS" Community Service District. Five notices were sent out and no responses received. Ms. Gandy said the proposed building will be utilized as the sanctuary and classrooms and the existing building will be utilized for classroom space. Greg Mills, d /b /a Promise Homes was present to represent this item. Mr. Mills said he has no problems with the Plan Review summary dated October 29, 1993 with the exception of the 75% bufferyard requirement. Mr. Mills explained that because the property is on a curve he felt this requirement would be a visual barrier. Community Development Director Greg Last said this is a standard requirement of 75% of the frontage not including driveways, must have a shrub screen. Public Hearing. No one responded and the Public Hearing was closed. Motion was made to approve ZA 93 -91 , Concept Plan for Southlake Baptist Church subject to the Plan Review letter dated October 29, 1993. Motion: McGarity Second: Arnold Ayes: Barlow, McGarity, Arnold, Wright, Johnson, and Tate Nays: none Approved: 6 -0 C: /WPF /MTG /MIN1104.93 P & Z Meeting Minutes November 4, 1993 Page 8 Agenda Item #12, ZA 93 -93, Plat Revision of Timarron Addition, Phase 2, Section 2, Bent Creek, Timarron Land Corp. 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 Lot 62R, Block 5, Timarron Addition, Phase 2, Section 2, Bent Creek and Lot 26R, Block 7, being a total of 1.70 acres situated in the Hall Medlin Survey, Abstract No. 1038. Located East of the intersection of Bent Creek Drive and Bent Creek Court. Owner is Timarron Land Corp. Current zoning is "R- P.U.D." Residential Planned Unit Development. All property within 200 feet belongs to Timarron Land Corp. Ms. Gandy said that this plat revision will allow the creation of a landscaped center median and special entry feature between different product -types in Bent Creek. Steve Yetts, Developer of Timarron was present to represent this item. Mr. Yetts said he has no problem with the Revised Plat Review letter dated November 3, 1993. Public Hearing. No one responded and the Public Hearing was closed. Motion was made to approve ZA 93 -93, Plat Revision subject to the Revised Plat Review letter dated November 3, 1993. Motion: Tate Second: Johnson Ayes: Barlow, McGarity, Arnold, Wright, Johnson, and Tate Nays: none Approved: 6 -0 Agenda Item #13, ZA 93 -94, Final Plat of Timarron Addition, Bent Creek Phase 2, Section 2A, Timarron Land Corp. Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for a Final Plat of Timarron Addition, Bent Creek, Phase 2, Section 2A, being 22.775 acres situated in the Hall Medlin Survey, Abstract 1037 and the Hall Medlin Survey, Abstract No. 1038. Located East of Timarron, Phase 2, Section 2, adjacent to Big Bear Creek. Owner /applicant is Timarron Land Corporation, Inc. No notices were required. Ms. Gandy said that this phase proposes thirty lots (30) lots and represents a portion of the previously approved Preliminary Plat of Timarron, Phase II. Steve Yetts, Developer of Timarron was present to represent this item. Mr. Yetts said he has no problem with the Revised Plat Review summary dated November 1, 1993. C: /WPF /MTG /MIN1104.93 P & Z Meeting Minutes November 4, 1993 Page 9 Motion was made to approve ZA 93 -94, Final Plat subject to the Revised Plat Review letter dated November 1, 1993. Motion: Arnold Second: Barlow Ayes: Barlow, McGarity, Arnold, Wright, Johnson, and Tate Nays: none Approved: 6 -0 Agenda Item #14, ZA 93 -95, Development Site Plan for Timarron Golf Course Clubhouse, Timarron Land Corp. 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 Development Site Plan for the Golf Course Clubhouse, being 12.61 acres situated in the Hollingsworth and Barnett Survey, Abstract No. 797 on the proposed Lot 3, Block 1, Timarron Golf Course. Located South of East Haven Addition and Southeast of Glendover on the south side of Byron Nelson Parkway. Owner /applicant is Timarron Land Corporation. Five notices were sent out and no responses were received. Steve Yetts, Developer of Timarron was present to represent this item. Mr. Yetts said he has no problem with the Revised Plan Review summary dated November 4, 1993 with the exception of item #8 the bufferyard requirement. Mr. Yetts requested to waive item #8 (all the required bufferyard for "C -3" uses) and be allowed to submit a landscape plan with the construction plans. Public Hearing. No one responded and Public Hearing was closed. Motion was made to approve ZA 93 -95, Development Site Plan for the Golf Course Clubhouse subject to the Revised Plan Review summary dated November 4, 1993 and deleting Item #8 (All required bufferyards) Motion: Barlow Second: Arnold Ayes: Barlow, McGarity, Arnold, Wright, Johnson, and Tate Nays: none Approved: 6 -0 Agenda Item #15, ZA 93 -96, Development Site Plan for Timarron Golf Course Maintenance Facility, Timarron Land Corp. Chairman Wright advised the audience that this item was a Public Hearing. C: /WPF /MTG /MIN1104.93 P & Z Meeting Minutes November 4, 1993 Page 10 Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for a Development Site Plan for the Golf Course Maintenance Facility, being 3.43 acres situated in the Hollingsworth and Barnett Survey, Abstract No. 797 on the proposed Lot 1, Block 2, Timarron Golf Course. Located South of East Haven Addition and Southeast of Glendover "A ". Owner /applicant is Timarron Land Corporation. Five notices were sent out and no responses received. Steve Yetts, Developer of Timarron was present to represent this item. Mr. Yetts said he has no problem with the Revised Plan Review summary dated November 4, 1993 with the exception of item #6 the bufferyard requirement. Mr. Yetts requested to waive item #6, (all the required bufferyards). Mr. Yetts described the maintenance facility and commented that they choose the location because they felt it has a sufficient natural buffer. Commissioner's McGarity and Johnson were concerned about not having a bufferyard to the East. Mr. Yetts commented they are not planning development to the East for approximately three years and asked to address the landscaping at that time. Public Hearing. No one responded and the Public Hearing was closed. Motion was made to approve ZA 93 -96, Development Site Plan for the Golf Course Maintenance Facility subject to the Revised Plan Review summary dated November 4, 1993 and deleting Item #6 (All required bufferyards) . Motion: Tate Second: Arnold Ayes: Barlow, Arnold, Tate and Wright Nays: McGarity Approved: 4 -2 Commissioner McGarity wanted to note that his opposition was due to not requiring the bufferyard to the East and he differed on the opinion to wait until development of that area. Commissioner Johnson agreed and said he felt they were setting a precedent. Agenda Item #16, ZA 93 -97, Final Plat of Lot 1, Block 2 and Lot 3, Block 1, Timarron Golf Course, Timarron Land Corp. Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for a Final Plat of Lot 1, Block 2 and Lot 3, Block 1, Timarron Golf Course, being 16.04 acres situated in the Hollingsworth & Barnett Survey, Abstract No. 797. Located South of East Haven Addition and Southeast of Glendover. Owner /applicant is Timarron Land Corporation, Inc. No notices were required. Ms. Gandy said that staff finds that this final plat substantially conforms with the previously approved revised preliminary plat of Timarron Golf Course. C: /WPF /MTG /MIN1104.93 P & Z Meeting Minutes November 4, 1993 Page 11 Steve Yetts, Developer of Timarron was present to represent this item. Mr. Yetts said he has no problem with the Revised Plat Review summary dated November 1, 1993. Motion was made to approve ZA 93 -97, Final Plat subject to the Revised Plat Review summary dated November 1, 1993. Motion: Barlow Second: Johnson Ayes: Barlow, McGarity, Arnold, Wright, Johnson, and Tate Nays: none Approved: 6 -0 Agenda Item # 17, Ordinance No. 480 -M, revision of the Zoning Ordinance. Zoning Administrator Karen Gandy informed the Commission that a memo was sent to City Attorney Wayne Olson requesting that he include in Ordinance No. 480 -M the revisions to the zoning ordinance discussed with the Commission on October 21, 1993. Ms. Gandy then said that staff received a faxed copy of the Ordinance from Mr. Olson this evening at 5:20 p.m. Commissioner Johnson felt the need for adequate time to review what the Attorney issued before a decision is made and action is taken. Motion was made to table Item #17, Ordinance No. 480 -M and continue the Public Hearing until the November 18, 1993 meeting. Motion: Johnson Second: Tate Ayes: Barlow, Arnold, Wright, Johnson, and Tate Nays: McGarity Approved: 5 -1 The meeting was adjourned at 10:10 p.m. Joe ifig t, Chair �n ATTEST: IP isPdt 11.% Glenda Jayne f Community Development Secretary C: /WPF /MTG /MIN1104.93 �'' g : 9 1993 { . CITY OF SOUTHLAKE J NOTICE TO INTERESTED PROPERTY OWNERS �;?- -�� L� T� �� j REFERENCE NO.: ZA 93 -82 Dear Property Owner: An application for an amendment to the Zoning Ordinance and Map has been filed with the City Planning and Zoning Commission. The application is for the property described as: 8.726 acres being situated in the Hiram Granberry Survey, Abstract No. 581, Tracts 5A, 5A1, 5E, and a portion of 5. Located on the N.E. corner of Continental Blvd, and White Chapel Rd. The applicant of the property is Ralph Vargo Williams. The . current zoning is "AG" Agricultural: the requested zoning is "SF - 1A" Single Family Residential District. A public hearing will be held by the City Planning and Zoning Commission on Thursday, October_21. 1993 at 7:30 D.M. in the City Council Chambers at City Hall. At this time, you may submit your views on the matter in person, by writing, or by representative. If you know of any interested property owner who for any reason has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, Texas • (CUT HERE) The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 93 -82 !L- 93-- I am (in favor of) . (opposed to) '(undecided about) the request for the following reasons: __ Please address define the city regulations on the following: 1. the removal of a fence between two adjacent properties- Mr. William's development plans include removal of the fence that divides our - properties. The fence has been in place appx. 10 years and varies from being on the line to appx. 3 inches on his property. I am opposed to the fence removal because I have Doberman Pinschers & I do not want anyone bit or my dogs running loose. 2. the natural surface drainage on both our properties is from east to west and north to south, consequently, the surface drainage our property receives from the n rth drains through Mr. Williams property. Any insta1+ion of a continous concrete foundation to support a brick wall will create a block e or diversion of the natural flow of surface drainage. Your assistance is res / ving these two matters will be appreciated. SIGNATURE , � - b ), - 0 ADDRESS // ?- S _ Lyhi " 7't C G1 A/'`�f z(c/_ CITY OF SOUTHLAKE NOTICE TO INTERESTED PROPERTY OWNERS : ITT) REFERENCE NO.: ZA 93 -82 Dear Property Owner: L_ _ �� An application for an amendment to the Zoning ordinance and Map has been filed with the City Planning and Zoning Commission. The application is for the property described as: 8.726 acres being situated in the Hiram Granberry Survey. Abstract No. 581, Tracts 5A, 5A1, 5E, and a portion of 5. Located on the N,E. corner of Continental Blvd. and White Chanel Rd. The applicant of the property is Ralph Vargo Williams. The current zoning is "AG" Aaricultural• the re zonin is "SF -1A" Single Fami,ly gesidential District. , A public hearing will be held by the City Planning and Zoning Commission on Thursday. October 21. 1993 at 7 :30 D.M. in the City Council Chambers at City Hall. At this time, you may submit your views on the matter in person, by writing, or by representative. If you know of any interested property owner who for any reason has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission • City of Southlake, Texas (CUT HERE) The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO.: ZA 9 -82 0- - Wa_ I am (in favor of) (opposed to (undecided about) the request for the following r aeon PLEASE SEE ATTACHED LETTER TO MR. GREGORY D. LAST DATED NOVEMBER 2, 1993 7 1, `77` SIGNATURE: - ADDRESS: p S • (/v /L 5 CA rd Gary Hargett 4100 E. Loop 820 S. Ft. Worth, Tx. 76119 November 2, 1993 Mr. Gregory D. Last Community Development Director City of Southlake 667 North Carroll Ave. Southlake, Tx. 76092 RE: Tract 4 & 5, The Glory Place Addition Dear Mr. Last: Further to our meeting October 14, 1993. Since this conference with Mr. Tom Elgin and you, I have followed all suggestions and avenues of resolve on this re -plat matter. Unfortunately, at this time Mr. Gilchrist has no interest in either selling me Tract 5A or curing his re -plat deficiency. A copy of my 11 -1 -93 letter to Gilchrist is attached. A chronology of my research is as follows: 1) 4- 27 -82, Southlake approved a re -plat of the entire 13.745 acre Tract 5 2) 2 -4 -83, Ely and Gilchrist sub - divided both Tract 4 and Tract 5 - Vol 7446, page 699 & Vol 7446 page 693 dividing Tract 5 into 5 & 5A. No re -plat was approved by Southlake, the subdivisions were achieved by Courthouse warranty filings. 3) Ely moved a frame house onto Tract 5, with a city permit issued and utility connections in Dec. 1983. 4) Both Ely & Gilchrist had barns built and utilities provided on their respective properties in the fall of 1984. 5) Timarron Land Corporation incorporated Tract 1R & 2R into their Highlands subdivision with a city approved re -plat 2- 18 -92. In the past 10 years the city has had 5 occasions to examine any plat deficiencies that existed in The Glory Place Addition - which originally consisted of 5 lots until the 2 -4 -83 subdivision, then 6 total lots. page 2 Gregory Last It is my understanding the city intends to allow Tract 4 to be correctly re- platted as a part of the ZA 93 -82 re -plat (William's property). My position on this is as follows - The 2 -4 -83 subdivision between Ely and Gilchrist simultaneously of Tract 5, 5A & 4 created the plat problems. Any re -plat of Tract 4 without the inclusion of Tract 5A could only be a discrimatory action against Tract 5. Especially since Mr. Gilchrist has his property listed in MLS as a full 8 acre tract - copy of MLS listing attached. As we have discussed earlier, my sole purpose is to be able to build a home and landscaping that will be an asset to Southlake. I have never desired to have an adversary relationship; however, bear in mind my original purpose in purchasing Tract 5 was to build a homestead on the property. Prior to purchase in January, 1991, I called the city to inquire about requirements and was told the only thing I had to do was possibly re -plat. Nothing was ever mentioned about plat deficiencies, nor would I be required to re -plat someone else's property as well as mine until after I submitted a re -plat for Tract 5 on September 27, 1993. I remain willing to do anything you desire to get approval. After my 11 -1 -93 letter, I doubt that I will have any cooperation from Mr. Gilchrist. However, the city has the authority to demand re- platting, levy fines and take the problem property by condemnation and sell at public auction as a last course of resolve. I respectfully request the city to enforce State and City law - Article II -- General Platting - Section 2.01 as our best course of resolve. This method will allow the City to cure all the plat deficiencies at the same time. Any re -plat approval that does not include all 3 properties will only be a half measure approach. In summary, this mess was created by Ely & Gilchrist at the same time. I am willing to defer my building plans until the City exercises it's authority to require Lot 4, 5 & 5A to be correctly platted. But, one should not be penalized while the others are allowed to move forward. The only fair resolve is to allow all of us to go forward together by correcting past mistakes - jointly. Sincerely, Gary Hargett cc: Mr. Tom Elgin Mr. John Lively - Attorney Attachments: 11 -1 -93 letter to Gilchrist Gilchrist MLS listing on Tract 4 & 5A