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1993-11-18 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING NOVEMBER 18, 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 21, 1993 and the November 4, 1993 P & Z Meeting. 3. Administrative Comments. 4. 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. Continuation of Public Hearing. 5. 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. Continuation of Public Hearing. 6. 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. 7. Consider:. ZA 93 -100, Final Plat of Timber Lake, Phase 3, being 34.8030 acres situated in the P.J. Hyde Survey, Abstract No. 667. Location: North of West Continental Blvd., West of South White Chapel Blvd. and East of Southlake Hills Estates. Current zoning: "R- P.U.D." Residential Planned Unit Development. Owner /applicant: Southlake Joint Venture. City of Southlake, Texas Planning and Zoning Meeting Agenda November 18, 1993 Page 2 8. Consider: ZA 93 -101, Final Plat of Stone Lakes, Phase 3, being a 37.0869 acres situated in the John Bailey Survey, Abstract No. 97, and the R. Paden Survey, Abstract No. 1255. Location: South side of F.M. 1709, East of Carroll High School and West of Timber Lake Addition. Phase 3 is located southwest of Phases I and II. Current zoning: "R- P.U.D." Residential Planned Unit Development. Owner /applicant: Southlake Properties Joint Venture. 9. 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. 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, November 12, 1993, at 5:00 p.m., pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code. ' �ILi. �. :,, ,lam . � 'andra L. LeGrand " City Secretary III I llllitN 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 NOVEMBER 18, 1993 MINUTES Commission Present: Chairman, Joe Wright; Members: Kate Barlow, Nick McGarity, Randy Arnold, Ernest Johnson, Michael Richarme and Lanny Tate. Commission Absent: None City Staff Present: Zoning Administrator, Karen Gandy; Planner, Tom Elgin and Community Development Secretary, Linda Carpenter (substituting for Glenda Jaynes). The meeting was called to order by Chairman Wright at 7:30 p.m. Agenda Item #2, Approval of the MINUTES. Commission members discussed the October 21, 1993 meeting MINUTES and recommended the following changes: Page 4, Agenda Item #7, ZA93 -83, Specific Use Permit of Equestrian Uses Commissioner McGarity suggested that a statement be added, "That after further discussion..." to the third MOTION TO DENY. Page 4, Agenda Item #8, ZA93 -84, Reutlinger Final Plat Commissioner Johnson suggested the MINUTES reflect that the Commission did acknowledge the various ground rules that the Council set forth regarding the street stubs and access to drainage easements, however it was concluded not to be the appropriate time to address those issues. Commissioner Johnson also suggested that in the paragraph beginning, "Carmen Blankenship..." (page 5, October 21 MINUTES), MINUTES need to indicate that the proposal was to be a private agreement about this access, which was the applicant's proposition, not a public one as required by the City. Page 5, Agenda Item #10, ZA93 -86, Preliminary Plat, Rougemont Commissioner Johnson wants to include in the MINUTES some of 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." Planning and Zoning Meeting MINUTES November 18, 1993 Page 2 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. Motion was made to approve the MINUTES of the October 21, 1993 Planning and Zoning Commission meeting with the suggested additions as noted. Motion: Johnson Second: McGarity Ayes: Barlow, Arnold, Wright, Johnson, McGarity and Tate Nays: None Abstain: Richarme needs a copy of MINUTES) Approved: 6 -0 Motion was made to defer the action on MINUTES of the November 4, 1993, until the December 9, 1993 meeting. Motion: Johnson Second: Richarme Ayes: Barlow, Arnold, Richarme, McGarity, Wright, Johnson and Tate Nays: None Approved: 7 -0 Agenda Item #3, Administrative Comments Karen Gandy, Zoning Administrator, reported that Glenda Jaynes, the regular P &Z secretary, has had major surgery and is doing fine. Linda Carpenter will be replacing her during her absence. No comments from the Commission. Agenda Item #4, ZA93 -88, Rezoning Request for 8.660 acres in the John J. Freshour Survey, Abstract No. 521, Tracts 2 and 2D. Karen Gandy, Zoning Administrator, informed the Commission that staff had not been able to contact the applicant today and they were not present. However, residents within the 200' radius of the proposed rezoning, were present. Chairman Wright determined to proceed with the case with the option to table if necessary. Ms. Gandy informed the Commission that the applicant's request is for a rezoning request for a 8.660 acres situated in the John J. Freshour Survey, Abstract No. 521, Tracts 2 and 2D. The property is located on the east side of Pearson Lane, between Florence Road and Johnson Road. Stephen M. Jackson and Perk and Carol Carmack are the owners. Current zoning is "AG" Agricultural, with a requested zoning of "SF-1A" Single Family -1A Residential. Land Use Planning and Zoning Meeting MINUTES November 18, 1993 Page 3 Plan does indicate a Low - Density Residential for this location. Twelve (12) notices were sent to property owners within 200 feet. To date, two written responses were received; one in favor from Donna Lewandoski, 729 Cimarron Trail, with some concerns about the elevation of the property and the drainage run -off from rain; also, commented that a large number of trees needed to be considered. The other written response was from Paul and Paulette Sunley, 717 Cimarron Trail, who were opposed but offered no comment. Public Hearing. Richard L. Horn, owner of Lot 17 and half of Lot 18, Vista Trail Addition, was seeking information from the Commission regarding the ownership of the property since the staff cover memo says the owners are Stephen Jackson d /b /a Metroplex Trucking, Inc. and Perk & Carol Carmack and the chart shows Daniel S. Paxton and Carol Carmack. Ms. Gandy explained that at the time of application, staff must have the "owner of record" which is still Jackson and Carmack. It is anticipated that the Jacksons will sell a portion of their property to Mr. Paxton, who will build one home on for himself, and the other portion of the Jackson lot will be incorporated into the Carmack's property. Mr. Horn also was concerned with an alleged error in the metes and bounds description of the property. It reads, "proceeding to the northeast corner of Lot 17..." Mr. Horn stated the property proceeds to the northwest corner of Lot 17. Concerned that the deed records will be in error if stated as is. Mr. Horn asked the Commission what could be built on land zoned agricultural; can anything be built on it? Chairman Wright told him a barn or residence may be built if more than 10 acres or larger. If less than 10 acres, a single family dwelling cannot be built unless platted and rezoned. Ms. Gandy explained that the City required that at the time of platting that each lot be appropriately zoned and you cannot have a lot that is less than 10 acres still designated in an "AG" designation. The Carmack's property did not meet the 5 -acre minimum, so are looking at the single - family designation. Mr. Horn said he was not against rezoning or a residence being built there, but did not want houses on top of houses. Public Hearing Closed. Motion was made to approve ZA93 -88, Rezoning request for 8.660 acres situated in the John J. Freshour Survey, Abstract No. 521, Tracts 2 and 2D. Motion: Johnson Second: Tate Planning and Zoning Meeting MINUTES November 18, 1993 Page 4 Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and Tate Nays: None Approved: 7 -0 Agenda Item 5, ZA93 -89, Plat Showing of Lot 1 and Lot 2, John J. Freshour No. 521 Addition, being 8.660 acres situtated in the John J. Freshour Survey, Abstract No. 521, Tracts 2 and 2D. Karen Gandy, Zoning Administrator, informed the Commission that applicant's request is for a 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. The property is located on the east side of Pearson Lane between Florence Road and Johnson Road. The owners are Stephen M. Jackson and Perk and Carol Carmack. The applicant is Daniel S. Paxton. The property is currently zoned "AG" Agricultural with a requested zoning of "SF -1A" Single Family -1A Residential. Twelve (12) notices were sent to property owners within 200 feet and no written responses have been received regarding the platting. Staff handed out a Revised Preliminary Plat to the Commission, Review Letter dated November 18, 1993. Commissioner Johnson questioned staff regarding the width of the ROW dedication along the frontage to Pearson. The northern part is substantial and then the ROW width shrinks at the lower third. Tom Elgin, Planner, explained that at some point in time the southern tract dedicated ROW to the County and that their property lines did not go to the center line of North Pearson Lane. He further explained that the City asks property owners to dedicate half of the required ROW, starting from the center line of the road. The owner of the southern tract only dedicated the portion of the property that they actually owned. Public Hearing. No one responded and the Public Hearing was closed. Commission McGarity asked what the situation would be if Mr. Paxton backs out of the deal after replatting. Tom Elgin stated that the transfer of ownership of the strip of land should not take place and the existing property lines would not change until the plat was filed of record at Tarrant County. Motion was made to approve ZA93 -89, Plat Showing of Lot 1 and Lots 2, John J. Freshour No. 521 Addition, subject to staff's Revised Review Letter dated November 18, 1993. Motion: Arnold Second: Richarme Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and Tate Planning and Zoning Meeting MINUTES November 18, 1993 Page 5 Nays: None Approve: 7 -0 Agenda Item #6, ZA93 -95, Plat Revision of 8.559 Acre Portion of Tract 5, The Glory Place, being revised to Tracts 5R1 and 5R2. Chairman Wright presented a letter from Gary Hargett, President of Imperial Eagle Investment, Inc., requesting that the Plat Revision of Lots 5R1 and 5R2, The Glory Place Addition be tabled until the January 6, 1994 meeting. Motion was made to table ZA93 -95 until January 6, 1994 and continue the Public Hearing. Motion: McGarity Second: Johnson Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and Tate Nays: None Approve: 7 -0 to Table unitl January 6, 1994 meeting. Agenda Item #7, ZA93 -100, Final Plat of Timber Lake, Phase III, being 34.8030 acres situated in the P.J. Hyde Survey, Abstract No. 667. Zoning Administrator, Karen Gandy, informed the Commission that the ZA93 -100 is for a Final Plat of Timber Lake, Phase III, being 34.8030 acres situated in the P.J. Hyde Survey, Abstract No. 667. Phase III proposes seventy -two (72) lots. The development is located north of West Continental Blvd, west of South White Chapel Blvd, east of Southlake Hills Estates and south of Timber Lake, Section One, Phases I and II. The owner /applicant is Southlake Joint Venture. Current zoning is "R- P.U.D." Residential Planned Unit Development. No additional notices were required to be sent. P &Z packet contains the first Plat Review Summary dated November 12, 1993, and the first exhibit presented by the developer. In the staff's review, they find that the final plat substantially conforms with a portion of the previously approved preliminary plat of Timber Lake. Tom Elgin, Planner, handed out a Revised Review Summary dated November 18, 1993. Staff corrected the "date received" to October 25, 1993 and added comment #8 asking that the legal be placed on the front page. Commissioner McGarity asked staff about the lot width requirements in Timber Lake. His PUD comparison chart indicated that the lot width requirement be 100 feet and that it appeared that a number of lots were less than 100 feet at the building line in this submittal. Tom Elgin explained that the development regulations for Timber Lake allowed a different method of measuring lot width than what was allowed in our Zoning Ordinance. The regulations Planning and Zoning Meeting MINUTES November 18, 1993 Page 6 allowed "that the width of each lot shall not be less than 100 feet measured at the mid - points of the side lot lines." So, it is measured half -way into the depth of the lot rather than at the front building line. Commissioner McGarity's second question dealt with the average lot size. His comparison charts indicate the average lot size was to be 16,611 sq. ft. The average size of these 72 lots is 15,704 sq.ft. McGarity's question was, "added to what Timber Lake has already platted, what is their average, is this the final phase, how are they doing against that objective ?" Tom Elgin responded that the approved Development Regulations for Timber Lake do not actually have an average lot size or area requirement. There is a minimum lot size of 12,000 sq.ft. and a maximum residental density of 1.9 units per gross acre. Mr. Elgin told Mr. McGarity he would have to do additional research for an answer to his question. Mr. McGarity said that the average lot size was computed in the first phase, so as long as they exceed 12,000 square feet, they are fine. McGarity also asked how the property described as Lot 2R, H. Granberry No. 581 Addition was zoned. Ms. Gandy reported it was Agricultural. Rob Lang, Nelson Corporation, was present to represent Southlake Joint Venture and address any questions. There were no questions for the representative. No disucssion. Motion was made to approve ZA93 -100 subject the to Revised Staff Review Letter Summary of November 18, 1993. Motion: Barlow Second: Tate Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and Tate Nays: None Approve: 7 -0 Agenda Item #8, ZA93 -101, Final Plat of Stone Lakes, Phase 3, being a 37.0868 acres situated in the John Bailey Survey, Abstract No. 97, and the R. Paden Survey, Abstract No. 1255. Zoning Administrator, Karen Gandy, informed the Commission that this is a Final Plat for Stone Lakes Phase Three, being 37.0869 acres situated in the John Bailey Survey, Abstract No. 97 and the R. Paden Survey, Abstract No. 1255. Phase III proposes eighty (80) lots. The development is located on the south side of F.M. 1709 across from Ginger Creek Estates and Southridge Lakes. Phase Three Planning and Zoning Meeting MINUTES November 18, 1993 Page 7 is located east and southwest of Phases One and Two. The owner /applicant is Southlake Properties Joint Venture. The current zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Plan indicates medium density residential. No notices were required for this final plat. This final plat substantially conforms with the previously approved revision to Stone Lakes' preliminary plat. The Commission received a staff Review Letter dated November 16, 1993 this evening. Discussion was held regarding the lot width and phases having contiguous area. It was stated that again the lot width was measured at the mid -point of the lot. And, in regards to contiguous area, there are no requirements for such. Commissioner Johnson brought up the issue of radial and perpendicular lot lines in regard to Block 7, Lots 51 and 53. He stated that Lot 51, in particular, was "caddywampus" and asked if it passed the "good faith" spirit of the ordinance? Tom Elgin stated that Staff believes that, in general, it is in compliance with the requirement, however, there could be some things done to shift that southern lot line around a little bit. Clyde Sifford, Nelson Corporation, 5999 Summerside Drive, Suite 202, Dallas, Texas, was present to answer the Commissions questions regarding the Final Plat for Stone Lakes Phase III. Mr. Sifford addressed Mr. Johnson's concerns about the lot lines on Block 7, Lots 51 and 53. Mr. Sifford explained that they are not radial and that they were put that way to make the lots a little more buildable. Mr. Johnson stated that it seemed to exceed the "good spirit" compliance with the ordinance. Chairman Wright explained that the purpose of that portion of the ordinance was to prevent a house from being built in another house's front yard. There were no other questions of the representative and no further discussion. Motion was made to approve ZA93 -101, subject to staff Review Letter dated November 16, 1993. Motion: Richarme Second: Tate Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and Tate Nays: None Approve: 7 -0 Agenda Item #9, Ordinance 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. Planning and Zoning Meeting MINUTES November 18, 1993 Page 8 Zoning Administrator, Karen Gandy, presented Ordinance No. 480 -M, which included the revisions the Commission had recommended at the October 21, 1993 meeting. Below is a list of the recommendations the Commission would like to incorporate into the Ordinance, in addition to the changes added by staff: Section 2. Include "27.8, 27.9, 27.6, 26.5.H" Section 3, part 16 should we add something that talks about a "Site Plan "? (page 16.2) Section 11 Add maximum lot coverage requirement of 50 %. Section 13 Add maximum lot coverage requirement of 50 %. Section 14 Change "is" to "are" in the first sentence. Section 19 While reviewing this section, Commissioner Johnson requested that a new Section be added to the ordinance which listed all the zoning districts requiring a Site Plan at the time of rezoning. This would be an amendment to Section 40. Section 21, part C Change "shall" to "may" in the first sentence. Take out "not" in second sentence. Section 21, part D Leave this Section D as is. Section 22 - 27 Increase width of bufferyard to add back "berm" so it can be built properly. Give option to use "berm" or "hedge" or both. Recommendation should be a "hedge" with an option of a "berm" if the width of the bufferyard is wider. Section 25 Revise to reflect "berm ". Section 26 References to "Development Plan" in several places of Section 45 of Ordinance: 45.1 sub - item 7, part A, sub -item 3; page 45.2, second paragraph up from bottom; 45.1 -7b, 45.1 -26c need to be changed. Section 27 Update Appendix A to reflect these changes. Public Hearing. Closed. Planning and Zoning Meeting MINUTES November 18, 1993 Page 9 Motion was made to forward Ordinance 480 -M with additional comments per tonight's meeting to the Council for approval. Motion: McGarity Second: Johnson Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and Tate Nays: None Approve: 7 -0 Agenda Item #10, Adjournment Motion was made to adjourn at 8:40 p Joe Wri Chair n ATTEST: \NA(` CL_ -Q_Nr Linda Carpenter Interim Community D elopment Secretary C: \wpf \MTG \MIN11 -18.93