1994-04-07 P&Z Meeting City of Southlake, Texas
REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 7, 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 March 3, 1994 P & Z Meeting.
3. Administrative Comments.
4. 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.
5. 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.
6. 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. AMENDED
REQUEST: Amended Preliminary Plat of Hallwood Addition, Lots 1 -9,
Block 1; Lot 1, Block 2 and Lots 1 -10, Block 3, being 27.88 acres situated in
the R.D. Price Survey, Abstract No. 1207, Tracts 2C, 5. Location: West of
the Harbor Oaks Subdivision. Applicant: VLMC, Inc.
Continuation of Public Hearing.
7. Consider: ZA 94 -09, Final Plat of Country Walk being 43.2217 acres situated in the
S.H. Thompson Survey, Abstract No. 1504, Tracts 3 and 4A. Location: On
the South side of Continental Blvd., West of Carroll Elementary School.
Current Zoning: "SF -20A" Single Family -20A Residential District. Owner:
Continental Joint Venture. Applicant: The Nelson Corporation.
City of Southlake, Texas
Planning and Zoning Meeting Agenda
April 7, 1994
Page 2
8. Consider: ZA 94 -22, Specific Use Permit for the sale of alcoholic beverages per
Ordinance No. 480, Section 45.1 (1) and 45.6, being legally described as
161.53 acres situated in the Hall Medlin Survey, Abstract No. 1037, B.
Hollingsworth and Barnett Survey, Abstract No. 797, J.N. Gibson Survey,
Abstract No. 591, M. Davenport Survey, Abstract No. 432., and more
commonly known as Timarron Golf Course and Clubhouse. Location: South
of Continental Blvd. and West of Brumlow Ave. Current zoning:
"R- P.U.D." Residential Planned Unit Development. Owner /Applicant:
Timarron Land Corporation.
Public Hearing.
9. Consider: ZA 94 -23, Rezoning and Concept Plan for OakRidge Addition, being 103.76
acres situated in the T.M. Hood Survey, Abstract 706, Tracts 1 & 1C, 1A,
1B, 3A, 3C, 11B, and Lots 1 & 2 of Bradley Addition. Location: West of
Shady Oaks Dr. and East of N. Peytonville, South of W. Dove St. and North
of Hwy. 1709. Current zoning: "AG" Agricultural; Requested zoning: "SF-
20A" Single - Family Residential District. Owner: Harry J. Bradley and Helen
M. Taylor. Applicant: Pima Properties, Inc.
Public Hearing.
10. Consider: ZA 94 -25, Rezoning and Concept Plan for Yates Corner Storage, being 3.1
acres situated in the Francis Throop Survey Abstract 1511, Tracts IAA, 1E,
and a portion of Tract 1E1. Location: Northwest corner of Dove Road and
North Kimball Ave. Current zoning: "AG" Agricultural and "C -1"
Neighborhood Commercial District; Requested zoning: "B -2" Commercial
Manufacturing District. Owner /Applicant: R. McPherson.
Public Hearing.
11. Consider: ZA 94 -26, Rezoning for a 1.006 acre tract of land situated in the Francis
Throop Survey, Abstract 1511, Tract 1N. Location: 1750 N. Kimball Ave.
Current zoning: "AG" Agricultural; Requested zoning: "SF -30" Single - Family
Residential District. Owner /Applicant: Les Gibson.
Public Hearing.
12. Consider: ZA 94 -28, Final Plat of Southlake Hills East, being 11.455 acres situated in
the James Thornhill Survey, Abstract No. 1505, Tracts 1A3A, 1A5, 1A7, 1E,
and 1E1A. Location: Approximately 300' North of West Continental Blvd.,
East of Southlake Hills, Phase 1, West of Timber Lake Addition, and South
of Southlake Hills, Phase 2. Current zoning: "SF -20A" Single Family -20A
Residential. Owner /Applicant: Conn- Anderson, Inc.
Public Hearing.
13. Consider: Revisions to Drainage Ordinance No. 482.
Continuation of Public Hearing.
City of Southlake, Texas
Planning and Zoning Meeting Agenda
April 7, 1994
Page 3
14. 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 Thursday, March 31 1994, at 5:00 p.m., pursuant to the Open
Meetings Act, Chapter 551 of the Texas Government Code.
4 414A ttpum° ►n
Sandra L. LeGrand s. ° . , 4
City Secretary = i \\' j/� :
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p
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
April 7, 1994
MINUTES
Commission Present: Chairman, Joe Wright; Members: Nick McGarity, Randy Arnold, James
Murphy, and Lanny Tate.
Commissioner Absent: Ernest Johnson
City Staff Present: Community Development Director, Greg Last; 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 March 3, 1994 Planning and Zoning
Commission meeting.
Motion: Arnold
Second: McGarity
Ayes: McGarity, Arnold, Wright, and Tate
Nays: none
Abstain: Murphy
Approved: 4 -0 -1
Agenda Item #3, Administrative Comments.
Chairman Wright introduced James Murphy as the new member of the Planning and Zoning
Commission replacing Michael Richarme.
Community Development Director Greg Last informed the Planning and Zoning Commission
that this would be the last meeting attended by Glenda Jaynes who was moving into Code
Enforcement, and that Bobbye Shire would be replacing her as Community Development
Secretary.
Zoning Administrator Karen Gandy advised the Commission and the audience that Agenda Items
#5 and #9 have been withdrawn.
Agenda Item #4, ZA93 -117, Rezoning /Hallwood Addition
Chairman Wright advised the audience that this item was a Public Hearing.
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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. Located west of Harbor Oaks Subdivision, west of
Burney Lane. The owners are David George and Betty Foreman and the Applicant is VLMC,
Inc. Current zoning is "SF -1A" Single - Family Residential District and "AG" Agricultural and
the requested zoning is "SF -30" Single - Family Residential District Block 2, Lots 12, 14, & 15.
Ten notices were sent out and two written responses were received in favor within the 200'
notification area, two written responses were received in opposition outside the 200' notification
area, and eighteen written responses were received in opposition outside the 200' notification
area.
Ms. Gandy advised the Commission and the audience that this request had been amended and
the area of consideration will include only the area south of the David George tract, being
approximately the 1.18 acre tract owned by Betty Foreman, to be rezoned to "SF -1A" Single -
Family Residential District rather than "SF-30".
Ms. Gandy stated that courtesy letters were sent to all surrounding property owners within 200'
which included a copy of the amended preliminary plat. It was noted on the letter that Mr. Fleet
might delete the David George property and rezone the balance to "SF -1A," however, Mr. Fleet
had not confirmed this in writing.
Chairman Wright clarified that the intent of the Amended Request is not to make a separate lot
but to adjoin this property to Lot 8 and zone it the same as the property to the south.
Tim Fleet, President of VLMC, Inc. 2424 Rogers, Fort Worth, was present to represent this
item.
Public Meeting.
John Stewart, 2920 Burney Lane, commented on the notification saying he believed he did not
get appropriate notification clearly outlining the change. He stated that based on the plat he
received, he cannot tell what Mr. Fleet is going to do with the property and without a clear
understanding of what Mr. Fleet plans to do with the property, he can't say whether he would
be opposed to the SF -1A or not. Mr. Stewart would like a better explanation.
Linda Stewart, 2920 Burney Lane, said Mr. Fleet has not met with homeowners since he has
changed the plat and that the homeowners she has spoken to are more opposed now than with
the original plat. She would like more time to talk with Mr. Fleet concerning the equestrian
trail.
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Planning and Zoning Meeting
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Chuck Farmer, 885 Harbor Ct., stated he is representing homeowners. Mr. Farmer said that
on several occasions he and other homeowners had met with Mr. Fleet to address their
opposition to the plan in the areas of: a) density of the plan does not match Harbor Oaks - it is
not compatible; b) problems with equestrian issues, c) safety issues, d) lots bounded by two
roads, and e) heavy traffic. Mr. Farmer said Mr. Fleet never got back to the homeowners with
answers to their concerns.
Sally Hall, 1609 Mockingbird Lane, appealed to Commission and audience on the possibility to
somehow include road and park like amenities into Corps property to alleviate the road problem.
Collene Farmer, 885 Harbor Ct., begged the Commission to not pass this zoning. She said Mr.
Fleet has lied to homeowners and has not shown good faith to the City of Southlake.
Tim Fleet, Developer, spoke to comments the audience made. He stated he has tried to work
with the homeowners and has come up with four different plats, none of which have been
acceptable. Economically he cannot satisfy all of the homeowners' requests but he has been
more than willing to work with them.
Commissioner Arnold asked Chuck Farmer "how many people are you representing here
tonight ?" and Mr. Farmer responded that he is representing all homeowners in opposition to a
developer who is not willing to work with them.
Commissioner McGarity clarified that the Amended Request was for a change in land which is
currently Agricultural (AG) to "SF -1A" which fits the land use designation and is the same
zoning as exists in Harbor Oaks. He stated that from a logical point of view, there is nothing
wrong with Mr. Fleet's request for this zoning.
Commissioner Arnold agreed with Commissioner McGarity's comments
Public Hearing Closed.
Motion was made to approve the amended request for ZA93 -117 being a change from "AG" to
" SF -1A" for the southern portion of property, approximately 1.18 acres, excluding the David
George property.
Motion: McGarity
Second: Arnold
Ayes: McGarity, Arnold, Murphy, Wright, and Tate
Nays: none
Approved: 5 -0
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Planning and Zoning Meeting
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Agenda Item #6, ZA93 - 119, Preliminary Plat / Hallwood Addition
Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for
a 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. AMENDED
REQUEST: Amended Preliminary Plat of Hallwood Addition, Lots 1 -9, Block 1; Lot 1, Block
2 and Lots 1 -10, Block 3, being 27.88 acres situated in the R.D. Price Survey, Abstract No.
1207, Tracts 2C and 5. Located west of the Harbor Oaks Subdivision, west of Burney Lane.
The owners are Peggy Denton and Betty Foreman and the Applicant is VLMC, Inc. Twenty -
five notices were sent out and one written response was received in favor within the 200'
notification area, seventeen written responses opposed were received within the 200' notification
area and fifteen written responses opposed were received from outside the 200' notification area.
Tim Fleet, President of VLMC, Inc., was present to represent this item.
Mr. Fleet commented that the new plat submitted tonight calls for only twenty lots and the
original preliminary plat called for 27 lots. The previous plat left unusable land so he abandoned
this idea. Mr. Fleet responded to Commissioner McGarity's question of "what happened to the
equestrian trail ?" saying that there is no change, homeowners still have access to the Corps
property. There will be a ten foot easement along the property line of Harbor Oaks and
Hallwood Addition.
Mr. Fleet discussed the thoroughfare plan which showed Harbor Court being extended west to
Ridgecrest Drive and the equestrian easements with the Commission. It was determined that the
Equestrian easement needs to be further defined on the plat.
Chairman Wright advised the audience that this item was a Public Hearing.
John Stewart, 2920 Burney Lane, is strongly opposed and wants this denied. He feels Mr. Fleet
has not addressed the concerns of Harbor Oaks homeowners such as lots being carved up in
minimum lot sizes and the effectiveness of the proposed septic system. He requested that the
preliminary request be turned down because the streets are not laid out correctly and the
easements are not shown correctly. He is also concerned about a decrease in his property value
if a full length road is built at the back of his property.
Chris Packard, 875 Harbor Ct., stated his property is adjacent to this property and he is opposed
to this request. Mr. Packard is opposed to this issue and said he did not know about the plat
change. He said that the homeowners did not trust Mr. Fleet because he did not respond to the
homeowners' requests.
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Planning and Zoning Meeting
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Linda Stewart, 2920 Burney Lane, is strongly opposed. She asked what happened to Mr. Fleet
going to the Corps to discuss a road easement. Her concerns are a road being built behind her
property, the septic line failing, causing environmental problems, and safety issues regarding
emergency units access to the cul -de -sac. She feels that Mr. Fleet is working with the
homeowners to their disadvantage.
John Stewart asked the Planning and Zoning Commission to consider having the City and Mr.
Fleet go to the Corps and ask their help in producing a road to carry across triangular lot to help
eliminate problem.
Chairman Wright asked Mr. Fleet if he would consider putting a street adjacent to the Corps
property to the west and Mr. Fleet responded saying that those homeowners did not want their
view obstructed by houses. Chairman Wright said a street in front of a home and in back of a
home is a viable concern, but having houses in back is reasonable.
Chuck Farmer, 885 Harbor Ct., would like to see the plat drawn in its final stages for the
homeowners to look at.
Chairman Wright suggested making as much of a commitment to Mr. Fleet as possible and have
Mr. Fleet make another plat eliminating the thoroughfare extension and leaving the cul -de -sac,
showing a street running north and swinging over to the west side of Mr. Fleet's property, and
showing the equestrian easements on the plat so that all homeowners are assured of that access.
Commissioner McGarity stated he could not see any reason to deny approval since Mr. Fleet
had verbally agreed to make all requested changes.
Chairman Wright said that because of the misunderstandings between the homeowners and Mr.
Fleet, the plat should be in final form with all changes reflected before approval by the Planning
and Zoning Commission.
Motion was made to table item #6, ZA93 -119, Preliminary Plat / Hallwood Addition as
requested by the Applicant, VLMC, Inc., Mr. Tim Fleet, President, to the May 5, 1994
Planning and Zoning Meeting and continue the public hearing.
Motion: Arnold
Second: Tate
Ayes: McGarity, Arnold, Murphy, Wright, and Tate
Nays: none
Approved: 5 -0
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Planning and Zoning Meeting
April 7, 1994
Page 6
Agenda Item #7, ZA94 -09, Final Plat of Country Walk Addition
Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for
approval of the Final Plat of Country Walk being 43.2217 acres situated in the S.H. Thompson
Survey, Abstract No. 1504, Tracts 3 and 4A. Location: On the South side of Continental
Blvd., West of Carroll Elementary School. Current Zoning: "SF -20A" Single Family -20A
Residential District. Owner: Continental Joint Venture. Applicant: The Nelson Corporation
Clyde Sifford, Nelson Corporation, was present to represent this item.
Commissioner McGarity asked if Village Green Drive looped around.
Community Development Director, Greg Last, responded that he had spoken to the Fire
Department and their preference was a loop with a continuing name which provides for
consecutive addressing along the loop.
Mr. Sifford stated that he had reviewed the Staff Review Letter dated April 1, 1994 and he had
made the required corrections.
Commissioner McGarity commended the developer for the dedication of the five acre park to
the city.
Motion was made to approve ZA94 -09 subject to the Plat Review Summary dated April 1, 1994.
Motion: Arnold
Second: McGarity
Ayes: McGarity, Arnold, Murphy, Wright, and Tate
Nays: none
Approved: 5 -0
Agenda Item #8, ZA94 -22, Specific Use Permit
Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for
a Specific Use Permit for the sale of alcoholic beverages per Ordinance No. 480, Section 45.1
(1) and 45.6, being legally described as 161.53 acres situated in the Hall Medlin Survey,
Abstract No. 1037, B. Hollingsworth and Barnett Survey, Abstract No. 797, J.N. Gibson
Survey, Abstract No. 591, M. Davenport Survey, Abstract No. 432., and more commonly
known as Timarron Golf Course and Clubhouse. Location: South of Continental Blvd. and
West of Brumlow Ave. Current zoning: "R- P.U.D." Residential Planned Unit Development.
Owner /Applicant: Timarron Land Corporation.
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Planning and Zoning Meeting
April 7, 1994
Page 7
Todd Jansen, Carter & Burgess, was present to represent this item for the Applicant, Timarron
Land Corporation.
Commissioner McGarity asked if this Specific Use Permit was for beer and wine only?
Zoning Administrator Karen Gandy clarified that the Specific Use Permit does not include the
sale of packaged liquor. Only beer and wine by the glass will be vended on the traveling carts
and mixed drinks, beer and wine by the glass will be sold in the bar /grill of the clubhouse.
Motion was made to approve ZA94 -22 Specific Use Permit subject to Plan Review Summary
dated March 31, 1994, deleting item #3 (bufferyard requirements - which were previously
deleted during the development plan approval) and allowing the vending of beer and wine by the
glass only in the traveling cart, and mixed drinks, beer and wine by the glass in the clubhouse.
Motion: McGarity
Second: Tate
Ayes: McGarity, Arnold, Murphy, Wright, and Tate
Nays: none
Approved: 5 -0
Agenda Item #10, ZA94 -25, Rezoning and Concept Plan
Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for
rezoning and a Concept Plan for Yates Corner Storage, being 3.1 acres situated in the Francis
Throop Survey, Abstract 1511, Tracts IAA, 1E, and a portion of Tract 1E1. Location:
Northwest corner of Dove Road and North Kimball Ave. Current zoning: "AG" Agricultural
and "C -1" Neighborhood Commercial District; Requested zoning: "B -2" Commercial
Manufacturing District. Owner /Applicant: R. McPherson.
John Levitt, Engineer, was present to represent the Applicant, Rick McPherson on this item.
Mr. Levitt commented that he has seen the Plan Review Summary dated March 31, 1994 and
is in agreement.
Mr. Levitt stated that the mini- warehouses would be 9 feet high and slope to 8 feet in back; a
security gate would be installed with either a key code or card access; the purpose of the mini -
warehouses would be for general storage; a 6 foot stockade fence would be used on the North
and West and chain link on the East and South for security purposes.
Chairman Wright advised the audience that this item was a Public Hearing.
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Planning and Zoning Meeting
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Page 8
Mike Tompkins, 2100 E. Dove, is not opposed to the mini - warehouses, but he is opposed to the
"B -2" zoning and suggested instead of "B -2" zoning that a Specific Use Permit be used with the
current zoning. He is concerned that if property is rezoned it could be used for something other
than storage (such as an auto repair shop) at a later date.
Sally Hall, 1609 Mockingbird is opposed to this item and said that in the preamble to the "B -2"
District that a business of this nature should not be situated close to residential zoning. She also
voiced concerns for public health and the possibility of contaminated waste being stored in the
mini- warehouses. She requested that the city require inspections of mini- warehouses if
approved.
Rick McPherson, Applicant advised the Commission that he has been on the property for 16
years and to his understanding, the requested zoning was the best zoning for its intended use.
Community Development Director, Greg Last advised that "S -P -1" would need a site plan to be
approved tonight, but "S -P -2" Generalized Site Plan District with mini- warehouse use could be
approved tonight.
Commissioner Wright abstained because he owned property within 200 feet and Commissioner
Lanny Tate presided as Chairman.
Motion was made to approve ZA94 -25 Rezoning and Concept Plan subject to Plan Review
Summary dated March 31, 1994 recommending to change requested zoning from "B -2" to "S -P-
2" Generalized Site Plan District to specifically allow mini- warehouse use as indicated on
Concept Plan.
Motion: McGarity
Second: Arnold
Ayes: McGarity, Arnold, Murphy, and Tate
Nays: none
Abstained: Wright
Approved: 4 -0 -1
Agenda Item #11, ZA94 -26 Rezoning
Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for
Rezoning a 1.006 acre tract of land situated in the Francis Throop Survey, Abstract 1511, Tract
1N. Location: 1840 N. Kimball Ave. Current zoning: "AG" Agricultural; Requested zoning:
"SF -30" Single - Family Residential District. Owner /Applicant: Les Gibson.
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Planning and Zoning Meeting
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Page 9
Ms. Gandy stated that the Board of Adjustment would be receiving the Applicant's variance
request for a private sewage disposal system on less than one acre.
Chairman Wright abstained because he owned property within 200 feet and Commissioner Tate
presided as Chairman.
Les Gibson was present to represent this item.
Motion was made to approve rezoning from "AG" Agricultural to "SF -30" Single - Family
Residential District.
Motion: Arnold
Second: McGarity
Ayes: McGarity, Arnold, Murphy, and Tate
Nays: none
Abstained: Wright
Approved: 4 -0 -1
Agenda Item #12, ZA94 -28 Final Plat
Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for
approval of the Final Plat of Southlake Hills East, being 11.455 acres situated in the James
Thornhill Survey, Abstract No. 1505, Tracts 1A3A, 1A5, 1A7, 1E, and 1E1A. Location:
Approximately 300' North of West Continental Blvd. East of Southlake Hills, Phase 1, West
of Timber Lake Addition, and South of Southlake Hills, Phase 2. Current zoning: "SF -20A"
Single Family -20A Residential. Owner /Applicant: Conn - Anderson, Inc.
John Levitt was present to represent the Applicant, Conn- Anderson, Inc. on this item.
No Discussion
Motion was made to approve ZA94 -28 Final Plat subject to Plat Review Summary dated April
1, 1994.
Motion: Tate
Second: Arnold
Ayes: McGarity, Arnold, Murphy, Wright, and Tate
Nays: none
Approved: 5 -0
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April 7, 1994
Page 10
Agenda Item #13, Revisions to Drainage Ordinance No. 482
Motion was made to table and continue the Public Hearing until the April 21, 1994 Planning and
Zoning meeting.
Motion: McGarity
Second: Murphy
Ayes: McGarity, Arnold, Murphy, Wright, and Tate
Nays: none
Approved: 5 -0
The meeting was adjourned at 10:40 p.m.
Joe Wri t, Chairman
ATTEST:
t..c_, Lc-
Bobbye Shire,
Community Development Secretary
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City of Southlake, Texas
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