1994-01-20 P&Z Meeting City of Southlake, Texas
REGULAR PLANNING AND ZONING COMMISSION MEETING JANUARY 20, 1994
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 January 6, 1994 P & Z Meeting.
3. Administrative Comments.
4. Consider: ZA93 -115, Rezoning request for a 26.711 acre tract
situated in the R.D. Price Survey, Abstract No. 1207,
being Tract 2C and a portion of Tract 5. Location:
West of the Harbor Oaks Subdivision. Current zoning:
"AG" Agricultural; requested zoning: "SF -1A" Single -
Family Residential District. Owners: Betty Foreman and
Peggy Denton. Applicant: VLMC, Inc.
Continuation of Public Hearing.
5. Consider: ZA93 -117, Rezoning request for a 2.978 acre tract
situated in the R.D. Price Survey, Abstract No. 1207,
being Tracts 7, 7A and a portion of Tract 5. Current
zoning: "SF -1A" Single- Family Residential District and
"AG" Agricultural; Requested zoning: "SF -30" Single -
Family Residential District. Location: West of Harbor
Oaks Subdivision. Owners: David George and Betty
Foreman. Applicant: VLMC, Inc.
Continuation of Public Hearing.
6. Consider: ZA93 -118, Rezoning request for a 1.179 acre tract
situated in the John Childress Survey, Abstract No.
254, Tract 2F2. Current zoning: "SF -1A" Single- Family
Residential District; Requested zoning: "SF -20A"
Single- Family Residential District. Location:
approximately 200' south of the Denton /Tarrant County
line, west of Burney Lane. Owner: David George.
Applicant: VLMC, Inc.
Continuation of Public Hearing.
7. Consider: ZA93 -119, Preliminary Plat of Hallwood Addition, Lots
1 -8, Block 1; Lots 1 -16, Block 2 and Lots 1 and 2,
Block 3, being 30.868 acres situated in the R.D. Price
Survey, Abstract No. 1207, Tracts 2C, 5, 7 and 7A; and
the John Childress Survey, Abstract No. 254, Tract 2F2.
Location: West of the Harbor Oaks Subdivision.
Applicant: VLMC, Inc.
Continuation of Public Hearing.
• City of Southlake, Texas
Planning and Zoning Meeting Agenda
January 20, 1994
Page 2
8. Consider: ZA93 -124, Request made for a Plat Revision, Lots 3R1
and 3R2, Block 1, Southlake Crossing, Phase I, being
situated in the W.R. Eaves Survey, Abstract No. 500.
Location: Southeast corner of F.M. 1709 and F.M. 1938
intersection. Current Zoning: "C -3" General Commercial
District. Owner: Southlake Joint Venture; John Drews,
Managing Partner. Applicant: Wier & Associates, Inc.
Continuation of Public Hearing.
9. Consider: ZA93 -127, Rezoning request for 20.0 acres situated in
the Christopher Dart Survey, Abstract No. 2003, being
Tracts 1A, 1A1, & 1A2. Location: Approximately the
2000 -blk on the West side of North Peytonville Road;
across from the Brittany Place. Current zoning: "AG"
Agricultural. Requested zoning: "SF -1A" Single Family -
1A Residential. Owners /Applicants: Jimmy W. Hornick,
Barbara J. Hornick, Domenic Carlucci, and Wendi Maura
Carlucci.
Public Hearing.
10. Consider: ZA93 -128, Final Plat of Lots 1 -8, Block 1 and Lots
1 -4, Block 2 of the Hallwood Addition being 13.785
acres situated in the R.D. Price Survey, Abstract No.
1207. Location: West of Harbor Oaks subdivision, west
of Burney Lane. Owner /Applicant: Tim Fleet, President
of VLMC, Inc.
11. Consider: ZA93 -129, Final Plat of Lot 1 & Lot 2, Block 1, Baker
Estates, being 10.168 acres situated in the W. R. Eaves
Survey, Abstract No. 500, being a portion of Tract 3A1.
Location: On the West side of South Peytonville Avenue
in the 500 -600 Blk, approximately 2,000 feet south of
the intersection of F.M. 1709 and South Peytonville
Avenue. Current zoning: Lot 1, "RE" Residential
Estate; Lot 2, "SF -1A" Single Family - 1A Residential.
Owner: Joanne Thompson. Applicants: Brandon and Kay
Baker.
12. Meeting Adjourned.
• City of Southlake, Texas
Planning and Zoning Meeting Agenda
January 20, 1994
Page 3
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, January 14, 1994, at 5:00 p.m., pursuant to the Open
Meetings Act, Chapter 551 of the Texas Government Code.
`110 19/11111IIl 00.
-
. LLI LLi' -� K
-Sandra L L. LeGrand =1--; '14 ' v it
City Secretary
If you plan to attend this p ti amotti 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
January 20, 1994
MINUTES
Commission Present: Chairman, Joe Wright; Members: Kate Barlow,
Nick McGarity, Michael Richarme, Ernest Johnson, and Lanny Tate.
Commission Absent: Randy Arnold
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 January 6, 1994,
Planning and Zoning Commission meeting with the amendment as noted
on item #13, pg. 7.
Motion: McGarity
Second: Barlow
Ayes: Barlow, McGarity, Richarme, Wright, Johnson, and Tate
Nays: none
Approved: 6 -0
Agenda Item #3, Administrative Comments.
There were no comments from Administration.
Chairman Wright informed the audience that applicant, Tim Fleet for
item #10, ZA93 -128 has requested to table and continue the public
hearing to the next Planning and Zoning meeting of February 3,
1994.
Motion was made to table and to continue the public hearing on
agenda item #10, ZA93 -128 as requested by the applicant, Tim Fleet,
President of VLMC, Inc. to the February 3, 1994 meeting.
Motion: Richarme
Second: Barlow
Ayes: Barlow, McGarity, Richarme, Wright, Johnson, and Tate
Nays: none
Approved: 6 -0
Agenda Item #4, ZA93 -115, Rezoning for 26.711 acres being Tract 2C
and a portion of Tract 5., VLMC, Inc.
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 Rezoning of 26.711 acres situated in the
R.D. Price Survey, Abstract No. 1207, being Tract 2C and a portion
of Tract 5. Located West of the Harbor Oaks Subdivision. The
current zoning is "AG" Agricultural and the requested zoning is
"SF -1A" Single Family -1A Residential. Owners are Betty Foreman and
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Planning and Zoning Meeting Minutes
January 20, 1994
Page 2
Peggy Denton and the applicant is Tim Fleet, President of VLMC,
Inc. Twenty -two (22) notices were sent out, two written responses
were received in favor and ten received in opposition from those
property owners within 200'. Sixteen responses were received in
opposition that were outside of the 200' notification area. (see
attached)
Commissioner Richarme asked if the City has received any complaints
within the last 6 -12 months regarding the roads, water pressure,
sewer, and sanitary conditions for this area.
Community Development Director Greg Last responded that he spoke
with the Public Works Director and his secretary and they did not
have any specific concerns or complaints for this area. Mr. Last
also commented that the Fire Department was satisfied with the
water pressure in this area as being adequate for fire protection.
Commissioner Richarme asked if there are plans to upgrade Burney
and when will sanitary sewer be available in this area.
Mr. Last commented Burney may be a consideration for improvement by
the County in the future; however, no date has been set. Regarding
the sewer, Mr. Last said that the City is participating with
Roanoke Treatment Plant and sanitary sewer is not projected for a
long time.
Commissioner Richarme asked the staff if they were aware of any
problems from the utilities, gas or electric.
Mr. Last commented that approximately a year ago there was a gas
pressure problem, however, since then Lone Star feels that it has
been resolved.
Commissioner Johnson asked how long has the existing SF -1A zoning
been in effect for the lots in that area, and what did the previous
land use plan show.
Zoning Administrator Karen Gandy commented that Harbor Oaks was
final platted and zoned SF -1A approximately in 1979 or 1980, and
the previous land use plan showed Low Density Residential as does
the current plan.
Commissioner McGarity noted that topographically the area for the
proposed site seemed to be lower than the west side of Burney and
asked if the City anticipated any septic problems.
Community Development Director Greg Last said Tarrant County Health
Department regulates the septic systems and will require the
Developer to meet certain standards.
The Commission discussed existing equestrian trails, access to
those trails and lot sizes.
Tim Fleet, President of VLMC, was present to represent this item.
Mr. Fleet commented that he had met with the Harbor Oaks Home
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Planning and Zoning Meeting Minutes
January 20, 1994
Page 3
Association and they wanted fewer and larger lots than he proposed.
Mr. Fleet noted he is requesting SF -1A zoning which is the same as
Harbor Oaks and he agrees to give equestrian access to the Corps
property.
Public Hearing.
Colleen Farmer, 885 Harbor Ct. presented a petition signed by 32
families from the Harbor Oaks Addition in opposition. Ms. Farmar
commented that most families moved here for the country /horse
atmosphere and they want to keep it that way.
Diane Packard, 875 Harbor Ct. wanted to go on record that she was
opposed. She was concerned with the issue of utilities, gas
pressure, water pressure and water quality.
Chuck Farmer, 885 Harbor Ct., read a statement from the Homeowner's
Association describing the area as being a unique and premiere
horse community that they want to preserve. Mr. Farmer also
commented that they have had their share of problems in the area
referencing the one egress /ingress into Harbor Oaks and the water
and gas pressures. He commented that their concerns are increased
traffic, deterioration of streets, the repeat of water and gas
pressure problems. Mr. Farmer said that they felt approving the
rezoning would be detrimental to the public safety, health and
welfare of the Harbor Oaks community because it restricts access,
and would have a negative impaction on utilities and the
environment, specifically septic runoff into the lake. They agreed
that a more appropriate zoning would be "RE" Residential Estate
(5 acre minimum) with a variance to 2 acres which would allow low
density residential, less impact on the streets, septic, storm
drain, etc. and would provide a more compatible and transitional
buffer between Harbor Oaks and the Corps property.
Chris Packard, 875 Harbor Ct. opposed the rezoning and asked the
Commission to deny the request due to the incompatible lot sizes.
Rod Zielke, 1090 Burney Ln. opposed because he felt it is not the
appropriate zoning. Mr. Zilkie commented that the average lot size
of Harbor Oaks is 2.5 acres and the proposed adjoining lots are
1.876 acres which would not be compatible. Other concerns were the
emergency vehicle access and the additional load on the water and
gas lines.
Philip Cook, 895 Harbor Ct. was concerned with the gas pressure
when more lots are added, the increased traffic congestion,
deterioration of streets and the destruction of trees.
Mike Mitchell, 2925 Harbor Refuge wants to keep the rural setting
and commented Harbor Oaks lots are 300 larger than the proposed
ones.
Jim Schmidt, 1095 Burney Ln., opposed because the size of lots are
not consistent with Harbor Oaks.
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Planning and Zoning Meeting Minutes
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Page 4
Margorie Zielke, 1090 Burney Ln. commented that most of Harbor Oaks
families are horse lovers and that's why they moved out here.
Also, wanted to keep access to horse trails available to Corps
property.
Marty O'Connor, 2965 Burney Ln. opposed to the zoning change
because he feels it will create problems with the utilities
services and block access to the horse trails.
Don Vaughn, 2940 Burney Ln. says he's a horseman and is concerned
with the equestrian access. Also opposed due to strain on
utilities and increased traffic.
John Wilson, 2930 Burney Ln. opposed to rezoning, doesn't feel it's
in the best interest of Harbor Oaks residents.
Linda Stewart, 2920 Burney Ln. concerned with the possible decrease
pressure of gas and water along with problems of drainage and
septic sewer systems. Commented she's a horse owner and would like
to keep the equestrian easements.
Public Hearing closed.
Commissioner Richarme was concerned with the proposed development
being adjacent to the lake which could create environmental
problems from septic systems and drainage. Also, he was concerned
with the infrastructure stresses and the changes hindering the
atmosphere of the horse community.
Tim Fleet, applicant, presented the Commission with a letter from
Tarrant County Health Department approving his proposed waste water
disposal system. Mr. Fleet commented on the gas and water
concerns, saying he could build all electric and he could loop the
water system to the West to provide better pressure. Also, he
plans to put in concrete streets and provide equestrian easements.
Chairman Wright asked if owners of Harbor Oaks fenced their
property could the horseman get to the Corps property? It was
determined that the trails are on private property. He then asked
Mr. Fleet if he would agree to leave easements open (clear of
fences and gates). Mr. Fleet agreed.
Commissioner McGarity felt the request was reasonable because it
matches the Land Use Plan designation. He also commented that the
City doesn't provide a zoning designation between "SF-1A" (one acre
minimum) and "RE" (five acre minimum) and felt "SF -1A" would be the
proper zoning for this area.
Commissioner Johnson said he was torn, that he could see the
owners' concerns to have the right kind of development adjacent to
them and he would vote for the issue so that it would have proper
hearing at Council.
Commissioner Richarme urged the Commission to consider the adjacent
property (Harbor Oaks) to this proposal and the environmental
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Planning and Zoning Meeting Minutes
January 20, 1994
Page 5
concerns.
Motion was made to approve ZA93 -115, zoning request from "AG"
Agricultural to "SF -1A" Single Family Residential.
Motion: McGarity
Second: Johnson
Ayes: Barlow, McGarity, Wright, Johnson, and Tate
Nays: Richarme
Approved: 5 -1
Agenda Item #5, ZA93 -117, Rezoning request for a 2.978 acre tract,
VLMC, Inc.
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 rezoning of a 2.978 acre tract situated
in the R.D. Price Survey, Abstract No. 1207, being Tracts 7, 7A and
a portion of Tract 5. Current zoning is "SF -1A" Single- Family
Residential District and "AG" Agricultural. Requested zoning is
"SF -30" Single- Family Residential District for Block 2, Lots 13, 14
& 15. Located West of Harbor Oaks Subdivision. Owners are David
George and Betty Foreman and the applicant is VLMC, Inc. Ten
notices were sent out and two responses were received in favor and
two received in opposition. Twenty -two responses in opposition
were received from residents outside of the 200' notification area.
Tim Fleet, President of VLMC, Inc. was present to represent this
item. Mr. Fleet explained that he was requesting the "SF -30"
zoning because of the unique shape of the lot and the placement of
the existing house.
Public Hearing.
David George, owner of the two north tracts, said he purchased all
the lots separately when annexed in 1988 and his daughter now
resides at 2980 Burney Ln. Mr. George commented there has been a
problem getting a roadway through the property and still provide
access to some properties which would otherwise be landlocked..
There was a discussion on the proposed zoning not being compatible
with the surrounding zoning and the land use plan.
Tim Fleet requested to table this item at this time.
Motion was made to table ZA93 -117 and continue the public hearing
at the request of applicant Tim Fleet, President of VLMC. until the
February 3, 1994 meeting.
Motion: McGarity
Second: Barlow
Ayes: Barlow, McGarity, Richarme, Wright, Johnson, and Tate
Nays: none
Approved: 6 -0
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Planning and Zoning Meeting Minutes
January 20, 1994
Page 6
Chairman Wright advised the audience that applicant Tim Fleet has
requested that the next two item's, ZA93 -118 and ZA93 -119 be tabled
and the Public Hearing continued until the February 3, 1994
meeting.
Agenda Item #6, ZA93 -118, Rezoning request for a 1.179 acre tract,
VLMC, Inc.
Motion was made to table ZA93 -118 and continue the Public Hearing
at the request of applicant Tim Fleet, President of VLMC, Inc.
until the February 3, 1994.
Motion: Barlow
Second: Richarme
Ayes: Barlow, McGarity, Richarme, Wright, Johnson, and Tate
Nays: none
Approved: 6 -0
Agenda Item #7, ZA93 -119, Preliminary Plat of Hallwood Addition,
VLMC, Inc.
Motion was made to table ZA93 -119 and continue the Public Hearing
at the request of the applicant Tim Fleet, President of VLMC, Inc.
until the February 3, 1994.
Motion: Richarme
Second: Barlow
Ayes: Barlow, McGarity, Richarme, Wright, Johnson, and Tate
Nays: none
Approved: 6 -0
Agenda Item #8, ZA93 -124, Request made for a Plat Revision,
Southlake Crossing, Phase I, Southlake Joint Venture.
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 Plat Revision, Lots 3R1 and 3R2, Block
1, Southlake Crossing, Phase I, being situated in the W.R. Eaves
Survey, Abstract No. 500. Located at the Southeast corner of F.M.
1709 and F.M. 1938 intersection. Current Zoning is "C -3" General
Commercial District. Owner is Southlake Joint Venture and John
Drews, Managing Partner. Applicant is Wier & Associates, Inc.
Two notices were sent out and no responses received.
John Drews, Managing Partner of Southlake Joint Venture was present
to represent this item. Mr. Drews said he had seen the Plat Review
Summary dated January 14, 1994 and had no problems.
Public Hearing. No one responded and the Public Hearing was
closed.
Motion was made to approve ZA93 -124 subject to the Plat Review
Summary dated January 14, 1994.
Motion: McGarity
Second: Barlow
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Planning and Zoning Meeting Minutes
January 20, 1994
Page 7
Ayes: Barlow, McGarity, Richarme, Wright, Johnson, and Tate
Nays: none
Approved: 6 -0
Agenda Item #9, ZA93 -127, Rezoning request for 20.0 acres, Jimmy W.
Hornick, Barbara J. Hornick, Domenic Carlucci, and Wendi Maura
Carlucci.
Chairman Wright advised the audience that this item is a Public
Hearing.
Zoning Administrator Karen Gandy informed the Commission that the
applicants' request is for Rezoning of 20.0 acres situated in the
Christopher Dart Survey, Abstract No. 2003, being Tracts 1A, 1A1,
& 1A2. Located approximately in the 2000 -block on the West side of
North Peytonville Road, across from the Brittany Place. Current
zoning is "AG" Agricultural and the requested zoning is "SF -1A"
Single Family -1A Residential. Owners /Applicants are Jimmy W.
Hornick, Barbara J. Hornick, Domenic Carlucci, and Wendi Maura
Carlucci. Twenty -two notices were sent out. Two written notices
were received; Mike Bell, 1613 Mockingbird Ln., opposed the request
because he bought his house for the trees and view and Michael
Costello, 1862 N. Peytonville Ave. was undecided, but concerned
about additional water discharge into the creek and drainage. Ms.
Gandy said she also received a petition signed by five residents
from the Brittany Place who were opposed to the rezoning due to the
uncertainty of development for the remaining ten acres and the
possible extension of Pheasant Lane to Peytonville.
Warren Hagan, Consultant for the owners was present to represent
this item. Mr. Hagan said he plans to develop the western portion
of the tract into one acre lots.
Commissioner Richarme commented that after reviewing plans the
owner to the south had no problems with the layout.
Commissioner McGarity asked if there are plans to stub out to the
east.
Mr. Hagan replied that there is major floodway through that area
and there are no plans to develop to the east.
Motion was made to approve ZA93 -127 to "SF -1A" Single Family -1A
Residential District zoning.
Motion: Johnson
Second: Tate
Ayes: Barlow, McGarity, Richarme, Johnson, and Tate
Nays: none
Approved: 6 -0
Agenda Item #11, ZA93 -129, Final Plat of Lot 1 & Lot 2, Block 1,
Baker Estates, Brandon and Kay Baker.
Zoning Administrator Karen Gandy informed the Commission that the
applicants' request is for a Final Plat of Lot 1 & Lot 2, Block 1,
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Planning and Zoning Meeting Minutes
January 20, 1994
Page 8
Baker Estates, being 10.168 acres situated in the W. R. Eaves
Survey, Abstract No. 500, being a portion of Tract 3A1. Located
on the West side of South Peytonville Avenue in the 500 -600 Block,
approximately 2,000 feet south of the intersection of F.M. 1709 and
South Peytonville Avenue. Current zoning of Lot 1 is "RE"
Residential Estate and Lot 2 is "SF -1A" Single Family -1A
Residential. Owner is Joanne Thompson and the applicants are
Brandon and Kay Baker. Ms. Gandy commented that the final plat
substantially conforms to the preliminary plat.
Motion was made to approve ZA93 -129, Final Plat of Lot 1 & Lot 2,
Block 1, Baker Estates.
Motion: Richarme
Second: Johnson
Ayes: Barlow, McGarity, Richarme, Johnson, and Tate
Nays: none
Approved: 6 -0
The meeting was adjourned at 10:30 p.m.
I
Joe Wri!ht, Chairman
ATTEST:
(
Glenda Jayn U
Community Development Secretary
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