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1994-05-05 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING MAY 5, 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 April 21, 1994 P & Z Meeting. 3. Administrative Comments. 4. Consider: ZA 94 -21, Rezoning and Concept Plan for a 2.7 acre tract of land situated in the William Mills Survey, Abstract 877, being a portion of Tract 3 and the W. Medlen Survey, Abstract No. 1588, being a portion of Tract 4. Location: Approximately 600' East of T.W. King Road in the 3700 block. Current Zoning: "AG" Agricultural; Requested Zoning: "CS" Community Service District. Owner: Alvin F. Oien, Jr. Applicant: Peter Kavanagh, Agent for Southwestern Bell Mobile Systems, Inc. Public Hearing. 5. Consider: ZA 93 -119, Preliminary Plat for Hallwood Addition, 30.868 acres situated in the R.D. Price Survey, Abstract No. 1207, Tract 2C, 5, 7, and 7A, and the John Childress Survey, Abstract No. 254, Tract 2F2 and legally described as Hallwood Addition, Lots 1 -8, Block 1; Lots 1 -16, Block 2 and Lots 1, 2 and 3, Block 3. AMENDED REQUEST: Amended Preliminary Plat of Hallwood Addition 27.88 acres situated in the R.D. Price Survey, Abstract No. 1207, Tracts 2C and 5. Location: West of the Harbor Oaks subdivision, West of Burney Lane. Current Zoning: "AG" Agricultural; Requested Zoning: "SF -1A" Single - Family Residential District, Block 1, Lots 1 -9, Block 2, Lot 1, Block 3, Lots 1 -10. Owners: Peggy Denton and Betty Foreman; Applicant: VLMC, Inc. Continuation of Public Hearing. 6. 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, April 29, 1994 at 5:00 p.m., pursuant to the Open Meeti Act, Article 6252 -1 ngs a� ��� o�� +�5��"'' c g"'�(� O t cn a /L LB.. • _ r ' andra L. LeGrand City Secretary * * * o a ` City of Southlake, Texas 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. C: \WPF \MTG \AGN \AGN05 -05.94 CITY OF SOUTHLAKE PLANNING AND ZONING COMMISSION MEETING May 5, 1994 MINUTES Commission Present: Chairman, Joe Wright; Members: Randy Arnold, Ernest Johnson, Lanny Tate, and James Murphy. Commissioner Absent: Nick McGarity City Staff Present: Community Development Director, Greg Last; Zoning Administrator, Karen Gandy; Planner, Tom Elgin; and Community Development Secretary, Bobbye Shire. 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 April 21, 1994 Planning and Zoning Commission meeting. Motion: Johnson Second: Tate Ayes: Wright, Tate, Johnson and Murphy Nays: none Abstain: Arnold Approved: 4 -0 -1 Agenda Item #3, Administrative Comments. No Comments. Agenda Item #4, ZA 94 -21, Rezoning and Concept Plan Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for Rezoning and Concept Plan approval for a 2.7 acre tract of land situated in the W. Medlin Survey, Abstract No. 1588, being a portion of Tract 4 and the William Mills Survey, Abstract 877, being a portion of Tract 3. The location is approximately 600' East of T.W. King Road in the 3700 block. Current Zoning is "AG" Agricultural and Requested Zoning is "CS" Community Service District. Land Use Category is Medium Density Residential. The Owner is Alvin F. Oien, Jr. and the Applicant is Southwestern Bell Mobile Systems, Inc., Peter Kavanagh, Agent. Five written notices were sent out and one written response was received opposed within the 200' notification area. Peter Kavanagh, Agent for the Applicant, Southwestern Bell Mobile Systems, Inc., was present to represent this item. C: \ W PFUTTG \M IN\M IN05 -05.94 Planning and Zoning Meeting May 5, 1994 Page 2 Mr. Kavanagh advised the Commission that this request was to rezone to "CS" Community Service District for the purpose of erecting a 100' unmanned antenna site for cellular telephone operation. Mr. Kavanagh presented overhead slides of various towers located in neighborhoods within Dallas /Fort Worth and the surrounding suburbs. He stated that studies have shown that building this type of antenna tower would not deter growth and development, and there is no decline to property value to homes located adjacent to existing antenna sites. Mr. Kavanagh explained that the criteria for building an antenna site was a location which would work within their system, locate the best possible site in regards to zoning, and find a landowner who will lease the land. Mr. Kavanagh further explained that the antenna site would be registered with the FAA and there would be no problem in accomplishing this. He also advised the Commission that the FCC has had no complaints with these antenna towers in the ten years that Southwestern Bell Mobile Systems, Inc. has been in business. Commissioner Arnold suggested concerns of microwave towers and the resulting interference that occurs and Mr. Kavanagh explained that cellular communication operated on a UHF television band which is high frequency and would not cause interference. Commissioner Johnson asked Mr. Kavanagh if he had explored the possibilities of putting the antenna on other existing structures such as the water tower on Dove and N. White Chapel, the Trophy Club water tower or the Solana buildings, and Mr. Kavanagh said that he had not. Chairman Wright informed the audience that this item is a Public Hearing. William Lamoreaux, 3650 T.W. King Road, was concerned about health hazard issues. He explained that his rent house is located 400' from the proposed antenna site and that various magazine articles which he had read raised concerns about the high frequency waves causing potential health problems. Barbara Lamoreaux, 3650 T.W. King Road, owns the 100 acres abutting the proposed site. She has concerns for the health of her tenants, especially children, and horses and cattle which are on her property. She said that the Land Use is Medium Density Residential and that future single family residential homes may be built. The antenna site would not only cause health problems but would decrease property values. She stated that she had personally checked with Southwestern Bell Mobile Systems, Inc. and they assured her that there were other possible locations that this antenna tower could be built. She asked that Mr. Kavanagh explore these other possible locations. Chairman Wright closed the Public Hearing. C:\ W PFMTG VN IN\M IN05 -05.90 Planning and Zoning Meeting May 5, 1994 Page 3 Commissioner Arnold asked the Applicant if he had read the Plan Review Summary and asked if Mr. Kavanagh had any problems with any of the items. Mr. Kavanagh said that the landscaping would be done when the area was developed. He said that putting up an unmanned antenna in the middle of a field should not require a bufferyard. Commissioner Arnold asked if Mr. Kavanagh would consider checking on the various other locations in IBM Solana and Trophy Club and Mr. Kavanagh said he would investigate these possibilities. Applicant was advised by the Commission that there were three likely votes to deny this request should he wish to proceed with the current proposal. No further discussion. Motion was made at the request of the Applicant to table ZA 94 -21 to the May 19, 1994 Planning and Zoning meeting which will be a Public Meeting for this item. Motion: Johnson Second: Murphy Ayes: Tate, Arnold, Johnson, Murphy and Wright Nays: none Approved: 5 -0 Agenda Item #5, ZA 93 -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 Lot 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. Land Use Category: Low Density Residential. 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. Ms. Gandy advised the Commission that this was the third submittal and the third Plat Review Summary and that the homeowners would be viewing this third submittal for the first time tonight. Tim Fleet, President of VLMC, Inc. was present to represent this item. C:lWPFUITG 94IN\MIN05 -05.94 Planning and Zoning Meeting May 5, 1994 Page 4 Mr. Fleet advised the Commission that he had reduced the total number of lots from 27 to 20, he had moved the street off Harbor Oaks property lines, and he had provided equestrian access along the East and South. Chairman Wright asked the Applicant if he had reviewed the Plat Review Summary and asked if Mr. Fleet had any problems with any of the items. Mr. Fleet said he is opposed to Item #4 - Harbor Ct. being extended to Ridgecrest according to the Thoroughfare Plan. Chairman Wright advised the audience that this item is a continuation of the Public Hearing. John Stewart, 2920 Burney Lane, commented that as Mr. Fleet has made his changes he is coming closer to an acceptable plat. However, there are still lots which do not meet the dept requirements and the equestrian easement is not platted into the lots. He said these do not meet the requirements of a quality developer. John Wilson, 2930 Burney Lane, requested clarification on the 40' building line and had concerns of homes being built on these irregular lots. Mr. Wilson also made the suggestion for the developer to work with the Corps and utilize their property for the street. Chairman Wright said that it has been his experience as a developer that the Corps would more than likely not work with the developer. Linda Stewart, 2920 Burney Lane, has concerns of homes being built on small lots. She questions the proposed septic system and she also is concerned that the equestrian easement is not locked in. Diane Packard, 875 Harbor Ct., is concerned with the length of the cul -de -sac and the single point of access for emergencies. She stated that the proposed development is not reflective of the existing development. Rod Zielke, 1090 Burney Lane, is concerned with adding too many streets to Harbor Oaks with its existing street access. He is concerned with the small sizes of the lots and the proposed septic system. He commented that Mr. Fleet's proposal does not fit what the property could be used for. Ken Land, 2900 Burney Lane, is concerned that if the homes back up to the easement that the removal of the trees will affect the drainage of the easement. Terry Sauder, Harbor Ct., is concerned that the septic system may not work and suggested making a green area on Lot 10. C: \WPFMTG MIN MIN05 -05.94 Planning and Zoning Meeting May 5, 1994 Page 5 Bruce Knutzen, 2910, Burney Lane, commented that even if Mr. Fleet moved the street he still may not get approval due to the length of the cul -de -sac and small lots. Chairman Wright closed the Public Hearing. Community Development Director, Greg Last, introduced a marked up plat with suggested changes. Chairman Wright called a five minute recess at 8:45 for the homeowners to review the suggestions. Chairman Wright reconvened the meeting at 8:50. Chairman Wright clarified that the current zoning is "SF -1A" Single Family Residential which allows one to five acre lots. He said that the Commission had no legal ability to tell the developer that the lots must be larger than one acre when the zoning allows the various acreage. The Commission could, however, decide whether or not the minimum standards of the lots were met, and if they were not, the plat could be rejected. The Applicant was advised by the Commission that the minimum standards were not being met. No further discussion. Motion was made to deny ZA 93 -119 on the basis that minimum standards were not being met, and the Preliminary Plat would go forward to the City Council meeting on May 17, 1994 for their consideration. Motion: Johnson Second: Murphy Ayes: Arnold, Wright, Murphy, Johnson and Tate Nays: none Approved: 5 -0 (to deny) The meeting was adjourned at 9.17 p.m. Joe ight, Chairman ATTEST: ,9-0 Bobbye SHire, Community Development Secretary C:\ W PPUMTC\MIN\MIN05 -05.99