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1994-06-09 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING JUNE 9, 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 May 19, 1994 P & Z Meeting. 3. Administrative Comments. 4. Consider: ZA 94 -41, Rezoning and Development Plan for Fountain Park Estates being a 54.597 acre tract of land situated in the S.H. Thompson Survey, Abstract No. 1504. Location: Approximately 700' East of Davis Blvd. on the South side of West Continental Blvd. Current Zoning: "AG" Agricultural and "SF- 20A" Single - Family Residential; Requested Zoning: "R- P.U.D." Residential Planned Unit Development. Owners: Edward A. Ponder, Dr. Roger H. Bohanan, and Continental Joint Venture; Nicholas R. DiGiuseppe, Agent. Applicant: Terry Sandlin Homes, Inc. Continuation of Public Hearing. 5. Consider: ZA 94 -48, Rezoning for a 4.3 acre tract of land situated in the Isham A. Belcher Survey, Abstract No. 30, and the A. Robinson Surveys, Abstract No. 1131 and 1132. Location: West of North White Chapel Blvd. adjoining the U.S. Corp of Engineers property to the North. Current Zoning: "AG" Agricultural; Requested Zoning: "SF -1A" Single Family Residential. Owner /Applicant: Platinum Ventures, Inc., T.G. Herron, President. Public Hearing. 6. Consider: ZA 94 -49, Rezoning for a 4.312 acre tract of land situated in the A.H.Chivers Survey, Abstract No. 299. Location: South of East Dove Road and West of North Carroll Ave. Current Zoning: "AG" Agricultural; Requested Zoning: SF -1A" Single Family Residential. Owner /Applicant: David B. Arnold. Public Hearing. 7. Consider: ZA 94 -50, Plat Showing of Lot 1 and Lot 2, A.H. Chivers No. 299 Addition, being 4.312 acres situated in the A.H. Chivers Survey, Abstract No. 299. Location: South of East Dove Road and West of North Carroll Ave. Current Zoning: "AG" Agricultural; Requested Zoning: "SF -1A" Single Family Residential. Owner /Applicant: David B. Arnold. Public Hearing. City of Southlake, Texas 8. Consider: ZA 94 -51, Rezoning for a 6.09 acre tract of land situated in the Thomas M.Hood Survey, Abstract No. 706. Location: East of North Peytonville Avenue, West of Shady Oaks Drive and South of West Dove St. Current Zoning: "AG" Agricultural; Requested Zoning: "SF -1A" Single Family Residential. Owners /Applicants: Kathleen L. Sumner and F.L. Bailey. Public Hearing. 9. Consider: ZA 94 -52, Plat Showing of Lots 1, 2, and 3, Thomas M. Hood No. 706 Addition, being 6.09 acres situated in the Thomas M.Hood Survey, Abstract No. 706. Location: East of North Peytonville Avenue, West of Shady Oaks Drive and South of West Dove St. Current Zoning: "AG "Agricultural; Requested Zoning: "SF -1A" Single Family Residential. Owners /Applicants: Kathleen L. Sumner and F.L. Bailey. Public Hearing. 10. Consider ZA 94 -53, Final Plat for Myers Meadow - Phase Two, being 42.521 acres and 85 lots in the B.J. Foster Survey, Abstract No. 519 and the W.R. Eaves Survey, Abstract No. 500. Location: North of F.M. 1709, South of Cross Timber Hills, East of Randol Mill Avenue, and West of North Peytonville Avenue. Current Zoning: "R- P.U.D." Residential Planned Unit Development. Owners /Applicants: The Estate of Audrey L. Stone, deceased, Kippy Lee Myers, Independent Executor; The Estate of A.C. Stone, deceased, Mary Stone Myers, Independent Executrix; Don Myers, Kippy Myers, and Mary Stone Myers, Trustee; and Mary Stone Myers, Individual. 11. Consider ZA 94 -54, Rezoning and Concept Plan for OakRidge Addition, being 103.76 acres situated in the T.M. Hood Survey, Abstract 706, being Tracts 1 & 1C, 1A, 1B, 3A, 3C, 11B, and Lots 1 & 2, 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. Owners: Helen Taylor and Harry J. Bradley. Applicant: Pima Properties, Inc. Public Hearing. 12. Consider ZA 94 -55, Rezoning for a 21.568 acre tract of land situated in the John A. Freeman Survey, Abstract No. 529, being legally described as a portion of Lots 2 and 3, Block B, Southlake Business Park and also Tracts 1B and 1B2, John A. Freeman Survey, Abstract No. 529. Location: South of East Southlake Blvd., West of South Kimball Ave. Current Zoning: "B - Business Service Park District; Requested Zoning: "C -3" General Commercial District. Owners: Greenway Investment Company and Dan V. Matise. Applicants: Greenway Investment Company, Tommy M. Pigg and /or Phillip Bressinck, Agents. Public Hearing. City of Southlake, Texas 13. Consider ZA 94 -56, Rezoning and Site Plan for property legally described as 0.512 acres, being a portion of Lot 5, Parker's Corner Addition. Location: South of W. Southlake Blvd. and West of Davis Blvd. Current Zoning: "C -2" Local Retail Commercial; Requested Zoning: "S -P -1" Site Plan District. Owner: Metzger Dairies, Inc. Applicants: Drews Realty Group, Inc., Tim Vickery, Vice President, and Kwik Industries, Sid Hollingsworth, Agents. Public Hearing. 14. Consider ZA 94 -57, Plat Revision of Lot 5, Parker's Corner Addition, being 3.570 acres of land situated in the Jessie G. Allen Survey, Abstract No. 18, and being revised to Lots 5R1, 5R2, 5R3 and 5R4, Parkers' Corner Addition. Location: South of W. Southlake Blvd. and West of Davis Blvd. Current Zoning: "C -2" Local Retail Commercial; Requested Zoning: "S -P -1" Site Plan District. Owner: Metzger Dairies, Inc. Applicant: Wier & Associates, Inc., Rea Stevenson, Agent. Public Hearing. 15. Consider ZA 94 -58, Specific Use Permit per Ordinance 480, Section 45.1, #18, to allow equestrian uses on 3.953 acres situated in the Thomas M. Hood Survey, Abstract No. 706, Tracts 8F, 8G, and 8G1. Location: 480 W. Highland St. Current Zoning: "AG" Agricultural. Owners /Applicants: Robert & Marylyn Seebeck and Doreen Seebeck. A Concept Plan will be reviewed with this request. Public Hearing. 16. Consider ZA 94 -59, Specific Use Permit for the development of an indoor baseball facility and outdoor fields for instruction and entertainment per Ordinance No. 480, Section 45.1 #11 on property legally described as Lot 5, Block 1, Phase I and Lots 6 and 7, Block 1, Phase II, Greenlee Business Park and approximately 5.17 acres out of Tract 6 in the John A. Freeman Survey, Abstract No. 529. Location: West of South Kimball Ave., North of East Continental Ave. Current Zoning: "I -1" Light Industrial District. Owners: E.L.F.M. Inc. and Chris Lamon. Applicant: Texas Baseball Center, David L. Thorne and Robert Walton, Agents. Public Hearing. 17. Consider ZA 94 -60, Plat Revision of Lot 6 and Lot 7, Block 1, Greenlee Business Park, Phase II, and 9.177 acres of land in the John A. Freeman Survey, Abstract No. 529, and Lot 5, Block 1, Greenlee Business Park, Phase I, and being revised to Lot 5R and Lot 8, Block 1, Greenlee Business Park, Phase I. Location: West of South Kimball Ave., North of East Continental Ave. Current Zoning: "I -1" Light Industrial District. Owner: E.L.F.M. Inc. and Chris Lamon. Applicant: Texas Baseball Center, David L. Thorne and Robert Walton, Agents. Public Hearing. 18. Consider Revisions to the Zoning Ordinance No. 480, as amended, specifically Section 6, "Nonconforming Uses" and Section 44, "Board of Adjustment" and their role in the amortization of nonconforming uses. City of Southlake, Texas 19. 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, June 3, 1994 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. Sr7U :vim .19�y ) \to" Sandra L. LeGrand �, ��= City Secretary 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 \AGN06 -09.94 CITY OF SOUTHLAKE PLANNING AND ZONING COMMISSION MEETING JUNE 9, 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; Planner, Tom Elgin; Zoning Administrator, Karen Gandy; 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 May 19, 1994 Planning and Zoning Commission meeting. Motion: McGarity Second: Arnold Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 Agenda Item #3, Administrative Comments Community Development Director, Greg Last, informed the Commission that funding for COG training for the Commission members is available and if anyone is interested, to please contact the Community Development Staff. Zoning Administrator, Karen Gandy, informed the Commission that Agenda Items #16, ZA 94 -59 and #17, ZA 94 -60 would be tabled to the Planning and Zoning Meeting on June 23, 1994 due to insufficient notices sent to surrounding property owners. Agenda Item #16, ZA 94 -59, Specific Use Permit Pete Henderson, Representative for the Applicant, requested that this item be tabled to the June 23, 1994 Planning and Zoning Meeting and continue the Public Hearing. C. \WPF \MTG \MIN \MIN06 -09.94 Planning and Zoning Meeting June 9, 1994 Page 2 Motion was made to table Item #16, ZA 94 -59, Specific Use Permit as requested by Pete Henderson, Representative for the Applicant, Texas Baseball Center, to the June 23, 1994 Planning and Zoning Meeting and continue the Public Hearing. Motion: Arnold Second: Murphy Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 Agenda Item #17, ZA 94 -60, Plat Revision/Greenlee Business Park Pete Henderson, Representative for the Applicant, requested that this item be tabled to the June 23, 1994 Planning and Zoning Meeting and continue the Public Hearing. Motion was made to table Item #17, ZA 94 -60, Plat Revision for Greenlee Business Park as requested by Pete Henderson, Representative for the Applicant, Texas Baseball Center, to the June 23, 1994 Planning and Zoning Meeting and continue the Public Hearing. Motion: Arnold Second: Murphy Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 Agenda Item #4, ZA 94 -41, Rezoning and Development Plan/Fountain Park Estates Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for Rezoning and Development Plan approval for Fountain Park Estates, being a 54.597 acre tract of land situated in the S.H. Thompson Survey, Abstract No. 1504. The location is approximately 700' East of Davis Blvd. on the South side of West Continental Blvd. The Current Zoning is "AG" Agricultural and "SF -20A" Single - Family Residential and the Requested Zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Category is Medium Density Residential. The Owners are Edward A. Ponder, Dr. Roger H. Bohanan, and Continental Joint Venture; Nicholas R. DiGiuseppe, Agent, and the Applicant is Terry Sandlin Homes, Inc. Nine written notices were sent out and one written response was received within the 200' notification area. Terry Sandlin was present to represent this item. Mr. Sandlin informed the Commission that revisions had been made to provide larger lots on the Western boundary on N. Peytonville Ave. and that the depth of the lots have also been increased. He stated that to accommodate these larger lots, the amount of green space had been reduced to approximately 11 acres. Commissioner McGarity commented that he is still concerned about the crash zone and asked if Mr. Sandlin considered using this as green space as originally proposed. C : \ W PF \MTG \MIN \MIN06 -09.94 , Planning and Zoning Meeting June 9, 1994 Page 3 Mr. Sandlin said it was his intention to locate the park along the flood plain and he provided color photographs of the proposed 11 acre park. Chairman Wright had concerns about the lots at the end of the runway and Mr. Sandlin said he would agree in writing not to build homes on 6 lots in the crash zone until after Goode Airport ceases operations. Commissioner McGarity asked staff if they felt the 6 lots was a sufficient number to hold off building and staff replied their knowledge of aeronautical landing patterns was not sufficient to give an answer. Public Hearing. Carter Hampton, Attorney, 860 Airport Frwy., Hurst, spoke to the Commission on behalf of the Western neighbor, Tex Art Stone, Betsy B. Shatley. He commented that they are agreeable with the revised larger lots on the Western boundary, but their concern is what type of buffer is to be put on top of the 4' berm separating the properties. He stated that a 6 -8' wooden stockade fence to separate business from residential would not be acceptable and he wanted something in writing to the effect that a 6 -8' masonry type fence would be provided by the developer. Tim Raley, 440 W. Highland, was opposed and said the developer should comply with one acre lots and nothing less. Richard Crowe, 1502 Plantation Dr., had major concerns about sewer issues and resulting increased taxes to surrounding property owners to fund this development. He asked if sewer studies had been done. Chairman Wright stated that studies were not required and that the developer could not build if he could not provide sewer hookup. Greg Last explained the TRA planning criteria used to determine sewer capacity and Chairman Wright explained that the TRA intercepter sewer line was designed to accommodate Southern Southlake and TRA guaranteed to increase the trunk at their cost if the trunk proved to be inadequate. John Rafa, 1354 Estella Way, asked if the various open spaces and parks throughout Southlake were available to the General Public and Chairman Wright explained that open spaces or parks could be private or dedicated to the City. Dedications to the City are available for public use. Mr. Rafa asked if perhaps signs could be placed at these locations specifying they are available for public use. Chairman Wright and staff also explained that the developer must meet with the Park Board to address how the plan meets the requirements (i.e. parking). Public Hearing Closed. Commissioner Tate asked applicant what his plans were for fencing on top of the berm. Mr. Sandlin said he would agree to an 8' stockade fence or a 6' masonry fence on top of the 4' berm. C : \ W PF \MTG \MIN \MIN06 -09.94 Planning and Zoning Meeting June 9, 1994 Page 4 Community Development Director, Greg Last stated that staff wanted to insure a berm along the West line would not affect the existing drainage patterns. Commissioner McGarity stated that he was opposed to the request due not only to the history of the land and past objections, but also to the proposed smaller lot sizes, the exchange of the original 5 acre park for the 11 acre flood plain park, and the smaller square footage homes to be built. Commissioner Murphy agreed with Commissioner McGarity and also stated that the 6 lots in the Northeast corner did not alleviate the concern associated with the runway, and said it appeared that a more accurate number of lots affected would be 14. Commissioner Tate stated that he liked the park site along Bear Creek but was opposed to the total density of the development. Commissioner Arnold agreed with Commissioner Tate. Chairman Wright also had no problem with the park as proposed but had concerns for the lots at the end of the runway as long as the airport remains in business. Commissioner Tate complimented Mr. Sandlin on the time he spent working with the surrounding homeowners to try to come up with a suitable proposal. Motion was made recommending denial of ZA 94 -41 Rezoning and Development Plan for Fountain Park Estates and the request would go forward for consideration at the City Council Meeting on July 5, 1994. Motion: McGarity Second: Tate Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 to Deny Agenda Item #5, ZA 94 -48, Rezoning Request Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for Rezoning a 4.3 acre tract of land situated in the Isham A. Belcher Survey, Abstract No. 30, and the A. Robinson Surveys, Abstract No. 1131 and 1132. The location is West of North White Chapel Blvd. adjoining the U.S. Corp of Engineers property to the North. The Current Zoning is "AG" Agricultural and the Requested Zoning is "SF -1A" Single - Family Residential. The Land Use Category is Low Density Residential. The Owner /Applicant is Platinum Ventures, Inc., T.G. Herron, President. Six written notices were sent out and no written responses were received within the 200' notification area. Commissioner McGarity commented on the 572' elevation on the exhibit being the flowage easement line, and the fact that no habitable structures can be built on the land. c:\WPF\MTG\MIN\MIN06-09.94 Planning and Zoning Meeting June 9, 1994 Page 5 Dee Eckstrom was present to represent this item. Public Hearing. No one spoke so Chairman Wright closed the Public Hearing. Motion was made recommending approval of ZA 94 -48 Rezoning Request. Motion: Arnold Second: Tate Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 Agenda Item #6, ZA 94 -49, Rezoning Request Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for Rezoning a 4.312 acre tract of land situated in the A.H. Chivers Survey, Abstract No. 299. The location is South of East Dove Road and West of North Carroll Ave. The Current Zoning is "AG" Agricultural and the Requested Zoning is SF -1A" Single - Family Residential. The Land Use Category is Low Density Residential. The Owner /Applicant is David B. Arnold. Eight written notices were sent out and no written responses were received within the 200' notification area. Gary Poyser was present to represent this item. Public Hearing. Richard Protogin, 502 Plantation, expressed concern that only property owners within 200' were notified in writing. Chairman Wright explained that this was the state law requirement and that all cities, to his knowledge, followed this rule. Ms. Gandy also commented that zoning notification signs were placed on all property rezoning requests coming before the Commission. Richard Crowe, 1502 Plantation, expressed concerns regarding the notification to surrounding property owners of rezonings. He commented that one sign for a tract 1000' wide (as an example) is not sufficient notification to property owners outside the 200' area. Public Hearing Closed. Motion was made recommending approval of ZA 94 -49 Rezoning Request. Motion: Tate Second: Arnold Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 C: \W PF \MTG \MIN \MIN06 -09.94 . • Planning and Zoning Meeting June 9, 1994 Page 6 Agenda Item #7, ZA 94 -50, Plat Showing Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for a Plat Showing of Lot 1 and Lot 2, A.H. Chivers No. 299 Addition, being 4.312 acres situated in the A.H. Chivers Survey, Abstract No. 299. The location is South of East Dove Road and West of North Carroll Ave. The Current Zoning is "AG" Agricultural and the Requested Zoning: "SF -1A" Single - Family Residential. The Land Use Category is Low Density Residential. The Owner /Applicant is David B. Arnold. Eight written notices were sent out and no written responses were received within the 200' notification area. Gary Poyser was present to represent this item. Public Hearing. Richard Crowe, 1502 Plantation, said sewer was not available to this property and Chairman Wright explained that sewer is not an issue for this request to be approved. Public Hearing Closed. Motion was made to Approve ZA 94 -50 Plat Showing subject to first Plat Review Summary dated June 3, 1994. Motion: McGarity Second: Murphy Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 Agenda Item #8, ZA 94 -51, Rezoning Request Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for Rezoning a 6.09 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706. The location is East of North Peytonville Avenue, West of Shady Oaks Drive and South of West Dove St. The Current Zoning is "AG" Agricultural and the Requested Zoning is "SF -1A" Single - Family Residential. The Land Use Category is Low Density Residential. The Owners /Applicants are Kathleen L. Sumner and F.L. Bailey. Ten written notices were sent out and one written response was received in favor within the 200' notification area. F.L. Bailey was present to represent this item. Public Hearing. Don Weeks, 1325 N. Peytonville, owns 3.66 acres north of the subject property and is very concerned about drainage onto his property. Art Janes, 1330 N. Peytonville, told the council that he had sent in a written objection on this case by mistake and he was withdrawing his written opposition and he apologized to Mr. Bailey. C : \ W PF \MTG \MIN \MIN06 -09.94 Planning and Zoning Meeting June 9, 1994 Page 7 Public Hearing Closed. Commissioner Arnold said she is in agreement with this request. Commissioner McGarity commented that, once again, a drainage issue is raised. Mr. Last stated that the building permit approval process will address internal lot drainage. Motion was made recommending approval of ZA 94 -51 Rezoning Request. Motion: Arnold Second: Tate Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 Agenda Item #9, ZA 94 -52, Plat Showing Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for a Plat Showing of Lots 1, 2, and 3, Thomas M. Hood No. 706 Addition, being 6.09 acres situated in the Thomas M. HOOD Survey, Abstract No. 706. The location is East of North Peytonville Avenue, West of Shady Oaks Drive and South of West Dove St. The Current Zoning is "AG "Agricultural and the Requested Zoning is "SF -1A" Single - Family Residential. The Land Use Category is Low Density Residential. The Owners /Applicants are Kathleen L. Sumner and F.L. Bailey. Ten written notices were sent out and no written responses were received within the 200' notification area. Mr. Last brought up the staff review letter comment regarding the thoroughfare plan and the possibility of extending West Highland Street West to North Peytonville Ave. which would go through this property. Mr. Last pointed out various possible scenarios as to where and how the street will be constructed. He also pointed out that he had discussions with Mr. Bailey about the minimum 100' lot width for all lots prior to his acquiring the smaller property out of Mrs. Sumners tract. Public Hearing. No one spoke so Chairman Wright closed the Public Hearing. Commissioner Tate asked what should be considered in regards to Highland being extended West to Peytonville. Mr. Last commented that this will be an important connection and further discussed various locations of the road connection with the Commission and the possible impacts. Commissioner McGarity stated that the Commission should not hold up approval or denial of a case based on the construction of a future road. C: \WPF \MTG \ MIN \MIN06 -09.94 Planning and Zoning Meeting June 9, 1994 Page 8 Motion was made to Approve ZA 94 -52 Plat Showing subject to first Plat Review Summary dated June 3, 1994. Motion: McGarity Second: Murphy Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 Agenda Item #10, ZA 94 -53, Final Plat, Myers Meadow - Phase Two Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for Final Plat approval for Myers Meadow - Phase Two, being 42.521 acres and 85 lots in the B.J. Foster Survey, Abstract No. 519 and the W.R. Eaves Survey, Abstract No. 500. The location is North of F.M. 1709, South of Cross Timber Hills, East of Randol Mill Avenue, and West of North Peytonville Avenue. The Current Zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Category is Medium Density Residential. The Owners /Applicants are The Estate of Audrey L. Stone, deceased, Kippy Lee Myers, Independent Executor; The Estate of A.C. Stone, deceased, Mary Stone Myers, Independent Executrix; Don Myers, Kippy Myers, and Mary Stone Myers, Trustee; and Mary Stone Myers, Individual. Fred Joyce, representative for the Applicants, was present to represent this item Chairman Wright asked Mr. Joyce if he had any problems with the Plat Review Letter dated June 3, 1994. Mr. Joyce discussed item 13A regarding easements on common lot lines be offset and asked for side yard requirements to be changed. Mr. Last stated that as much as possible, the easements should be offset into one lot. Motion was made to Approve ZA 94 -53 Final Plat subject to first Plat Review Summary dated June 3, 1994, adding change to Block 6, Lots 19 and 20 side yard be changed to 20 ft. side yard and Lot 18, Block 8 adjacent to the street to also be 20' side yard. Motion: McGarity Second: Arnold Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 Agenda Item #11, ZA 94 -54, Rezoning and Concept Plan/OakRidge Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for Rezoning and Concept Plan for OakRidge Addition, being 103.76 acres situated in the T.M. Hood Survey, Abstract 706, being Tracts 1 & 1C, 1A, 1B, 3A, 3C, 11B, and Lots 1 & 2, Bradley Addition. The location is West of Shady Oaks Dr. and East of N. Peytonville, South of W. Dove St. and North of Hwy. 1709. The Current Zoning is "AG" Agricultural and the C: \W PF \MTG \MIN \MIN06 -09.94 Planning and Zoning Meeting June 9, 1994 Page 9 Requested Zoning is "SF -20A" Single - Family Residential. The Land Use Category is Low Density Residential. The Owners are Helen Taylor and Harry J. Bradley and the Applicant is PIMA Properties, Inc. Thirty -four written notices were sent out and one written response was received within the 200' notification area in favor and nine written responses were received within the 200' notification area opposed. Numerous written comments and verbal telephone conversations were received opposed from property owners outside the 200' notification area. Their major concerns were increased traffic, density of lot sizes, sewer issues, and the overall negative impact of this development to the surrounding property owners in general. David McMahan, PIMA Properties, Inc., was present to represent this item. Mr. McMahan presented a revised layout to the Commission and reduced copies were handed out to the audience. Mr. McMahan explained that six one -acre lots had been added along N. Peytonville Avenue as a buffer to neighboring property owners, and that green areas would be located around the cemetery and at the entry into the development East of Highland St. Mr. McMahan discussed with the Commission the alignment of future road with Post Oak Trail and Peytonville. He also noted that the lots along Shady Oaks were heavily wooded and larger lot sizes as a buffer has not been a consideration. Commissioner Arnold asked if Mr. McMahan had any problem with the Staff Review Summary dated June 3, 1994 and Mr. McMahan said he did not. Chairman Wright called a recess of the meeting at 9:20 p.m. and the meeting reconvened at 9:37 p.m. Ms. Gandy read letters from Mrs. Taylor and Mrs. Bradley, who were unable to attend the meeting due to their age, asking the Commission to take their wishes to sell their property into consideration. Public Hearing. Richard Crowe, 1502 Plantation Drive, commented that Mrs. Taylor and Mrs. Bradley purchased their property in 1951 and 1956 respectively, and that their return on their investment should be excellent. His concerns and questions included how the developer would gain sewer hookup; the inconsistent lot sizes and the density of the lots; no study for drainage; the intent of the Northwest 20 acres; and why the developer is allowed to make changes right up to the time of the meeting, without the surrounding property owners having an opportunity to review the changes; he is not in agreement with the process of approving rezoning without regard to the sewer issue being finalized; other comments were one acre lots should be provided since the Land Use Plan calls for this; and existing property owners investments should be protected. Sharon Meyer, 1925 N. Peytonville Ave., said that the zoning should be in accordance with the Land Use Plan and this request was not; the land should be preserved and this rezoning would C: \W PF \MTG \MIN \MIN06 -09.94 Planning and Zoning Meeting June 9, 1994 Page 10 be an irreversible mistake; she is in agreement that Southlake should grow but at the same time, make it a place where people want to stay. Chairman Wright commented that state law provides a legal obligation to notify property owners within 200' of property requesting changes, however, the Planning and Zoning Commission pays just as much attention to the concerns of property owners outside the 200' notification area. He explained that controlling vote of property owners consists of 20% of the land area within the 200' area. If a legal protest is 20% of the land area within the 200' notification area, this would require that City Council's vote of approval be a super- majority vote. Ron Maness, 420 Ravenaux, represents SPIN Neighborhood #11, read petition of names in excess of 20 property owners who are opposed to this development. Their reasons are that it is not consistent to the Land Use Plan; concerns for safety due to increased traffic and higher density; more accidents are likely to occur; property owners will be the ones who will pay for this development in higher taxes. Robert Hudnall, 1402 Plantation, moved here five years ago from Plano to escape the growth only to find everyone wanting to move to Southlake. He doesn't want Southlake to turn into a typical Tarrant County city, he wants low growth. He is also concerned with the increased traffic on Peytonville and said this two lane road would not accommodate the proposed development. Chairman Wright said that the Thoroughfare Plan does call for N. Peytonville Ave. to eventually be a four lane road. Mike Bustamonte, 1501 Plantation, is concerned that if this development goes in it will cause the 100 year flood plain to become a 50 year flood plain. He commented that the creek along this property is narrow and all the concrete going into the development would cause flooding. He said if this request is approved their privacy and their reasons for moving to Southlake will be taken away. He said the developer should be asked to blend with what is already built in the area. Louisa Gervitz, 692 Garden Court, said she is struggling to keep her only asset, her home. She is opposed to owners who sell to just anyone in order to make money without regard to how the property will be used. John Kelvet, 1285 Shady Oaks, agrees with everything that has been said thus far "Mega Dittos ". He said that the quality of life as it is now should be left alone. He is opposed to 1/2 acre lots and said that if someone wanted one, they would not have to go far to find one. Roger Hutton, 1900 Shady Oaks, will be moving into his new home this month and is opposed to this development. He stated that he relied on information from the City when choosing this rural area and he made his decision to purchase property partly based on that information. Kathleen Sumner, 1205 N. Peytonville, likes the rural setting and having cattle and trees as neighbors. C: \W PF \MTG \MIN \MIN06 -09.94 Planning and Zoning Meeting June 9, 1994 Page 11 Donnie Darr, 1241 Post Oak Trail, lives 200' and one road away from subject property. He is concerned with potential drainage problems. Post Oak Trail will get run -off if this development goes in. He is also opposed to the increased traffic which will result. Tim Raley, 440 W. Highland, wants definite one acre lots or definite five acre lots if that is the required acreage, not averages. Virginia Clow, 820 N. Shady Oak Dr., has lived here since 1960 and she is not ashamed to say she is in favor. She said it is not right for the people of Southlake to say "we got what we want and now you go somewhere else if you want something different." Wanda Glover, 1355 N. Peytonville Ave., said that one acre lots might not be large enough due to problems with septic systems. She is against trees being cut down and the decrease in wildlife and wildflowers. Sharon Meyer, 1925 N. Peytonville Ave., said that there is a variety of development types and she asked if these different types could be built in certain areas of the city and leave other types in other areas. Art Janes, 1330 N. Peytonville Ave., stated that approval of this request would destroy the rural ambiance, load the school system, increase taxes, devalue property, and the present roads would not accommodate the added traffic. Jennifer Cabille, is a fifteen year old who rides the school bus every day and would like to continue to see the countryside, the wildlife, and the sun rise over the trees. Ed Ranken, 1304 Plantation, moved here from Plano. He said Southlake has the opportunity to preserve the rural atmosphere or listen to developers and get to where Plano is now. He is concerned with where the water will go since this property is in the 100 year flood plain. Bob Ramsey, 1650 N. Shady Oaks, has lived here for 23 years and said he is opposed to 1/2 acre lots. He agrees that one acre lots are suitable. He is concerned with the quality of life, increased taxes, and that one development will mushroom into another and another. Jim Maness, 420 Ravenaux Dr., expressed concerns of temporary traffic accommodations when the new or reconstructed streets are under construction and the resulting congestion. John Rafa, 1354 Etella Way, is concerned with having to subsidize school taxes for a development of this size. Applicant, David McMahan commented that the best interest should be looked at and he is not certain what exactly the best interest is. He said that he did submit a good Concept Plan which did not require all of the studies to be done at that point. He stated that there is still work to be done and the issues of the sewer will be addressed within the required timeframe. Currently the zoning ordinance shows this to be Moderately Low Density and the Commission will not be C \WPF \MTG \MIN \MIN06 -09.94 Planning and Zoning Meeting June 9, 1994 Page 12 setting a precedent by approving this zoning request. He asked the Commission to please take everything into consideration and please approve this request. Diane Timms, 1372 Lakeview Dr., commented that if this request is approved it would be a betrayal to the people who already live here. Public Hearing Closed. Commissioner Arnold commented that this area allowed Low Density, not Moderately Low Density. She stated that she is opposed to this request because of the sewer issues, the drainage concerns, and the request is nonconforming to the Land Use Plan, Commissioner McGarity agreed with Commissioner Arnold and added he would like to see more thought given to public parks and larger lots on Shady Oaks. Commissioner Murphy stated that the request is incompatible and not consistent to surrounding land in every direction you look. Commissioner Tate agreed with the Commission's comments. Chairman Wright stated that although there is an obligation to Mrs. Taylor and Mrs. Bradley, the question of what is a reasonable use should be considered, and in his opinion, this request is not a reasonable use. Motion was made recommending denial of ZA 94 -54 Rezoning and Concept Plan for OakRidge and forward for consideration to the City Council Meeting on July 5, 1994. Motion: McGarity Second: Arnold Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 to Deny Agenda Item #12, ZA 94 -55, Rezoning Request /Southlake Business Park Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for Rezoning a 21.568 acre tract of land situated in the John A. Freeman Survey, Abstract No. 529, being legally described as a portion of Lots 2 and 3, Block B, Southlake Business Park and also Tracts 1B and 1B2, John A. Freeman Survey, Abstract No. 529. The location is South of East Southlake Blvd., West of South Kimball Ave. The Current Zoning is "B-1" Business Service Park District and the Requested Zoning is "C -3" General Commercial District. The Land Use Category is Mixed Use. The Owners are Greenway Investment Company and Dan V. Matise and the Applicants are Greenway Investment Company, Tommy M. Pigg and /or Phillip Bressinck, Agents. Nine written notices were sent out and no written responses were received within the 200' notification area. C: \W PF \MTG \MIN \MIN06 -09.94 Planning and Zoning Meeting June 9, 1994 Page 13 Commissioner McGarity verified with Ms. Gandy that this request is located within the noise cone. Tommy Pigg was present to represent this item. Mr. Pigg introduced Larry Good, Surveyor, 3102 Oak Lawn, Dallas who informed the Commission that the purpose of requesting "C -3" zoning is for the development of a unified shopping center. He commented that the South property line will have a 100' landscape buffer and screening wall and a pond to the West will provide for storm water retention. He stated that anchor tenants will submit Concept Plans at a later date. Public Hearing. Martha Taylor, 209 Eastwood Drive, wants to keep the present quality of life and regulate growth. She said that the development should fit in with the current area and conform to the Land Use Plan and this proposal does not. Tim Raley, 440 W. Highland, asked what the difference between "B -1" and "C -3" was and Ms. Gandy defined the zonings. He asked that this request be denied. Joe Bentley, 214 Westwood Dr., commented that "C -3" zoning allowed the greatest number of mixed uses for this property and there exists the possibility of incompatibility. He said businesses located next to residential should be compatible and nuisance free. He suggested keeping "B -1" with less intense use businesses rather than jumping to "C -3" businesses with more intense uses. Jerry Adcock, 204 Westwood Dr., is opposed, he owns the property adjacent to this request which is zoned Agricultural and forms a buffer between the residential property and the subject property. Frank Halley, 222 Westwood Dr., commented that "C -3" zoning does not give protection to the property owners. She said "B -1" is agreeable. Donna Schoctke, 211 Eastwood Dr., owns three acres in Woodland Heights and she is opposed to stoplights and traffic. She said to keep business at major intersections on 1709 and not situate them in predominantly residential areas. Carlos Dorris, 213 Eastwood Dr., stated that "C -3" is not compatible with the neighborhood. Gloria Barclay, 1205 Westwood, Dr., has lived here for thirteen years and she is opposed to this rezoning request. Corrinne Tuttle, 219 Eastwood Dr., has lived here for five years and does not want bright lights of a business shining down on her home. She wants to keep the country atmosphere. C : \ W PF \MTG \MIN \MIN06 -09.94 Planning and Zoning Meeting June 9, 1994 Page 14 Pat Morgan, 210 Westwood Dr., would like to see business develop on S.H. 114 instead of F.M. 1709. She wants to look at grass and trees, not the trash that will come with "C -3" businesses. Larry Faughn, 215 Eastwood Dr., is not opposed to nice business parks zoned as "C -3" but this location is not suitable for "C -3" zoning. Mr. Good, Representative and Surveyor for the Applicant, requested a continuence so that he could arrange to work with the property owners and try to work out the issues brought forth in this meeting. Evelyn Zembrod, 2141 E. Southlake Blvd., has owned property adjacent to the property requesting rezoning since 1964 and has watched homes being built with septic tanks, and she has accepted these changes and she can handle progress. However, she would like the blanks filled in. She is concerned about the aesthetic appearance, the quality, and the maintenance of her neighborhood. Commissioner McGarity commented that an S -P District with specific uses identified would possibly be more agreeable to the homeowners. If they knew what type of business was to be their neighbor, they might be more receptive to a high quality business with a specific use. Chairman Wright commented that the "B -1" zoning was relatively new and that special attention was paid to the area at the time of rezoning due to the Woodland Heights residents. He stated that he too would have to see something pretty special before he would consider "C -3" approval. Commissioner Murphy is opposed to "C -3 ". He stated that a lot of time was spent on the decision to zone to "B -1" for this property. The intensity is for "B -1 ". Let the higher intensity go somewhere else. Commissioner McGarity stated that the developer should be given the chance to show compatibility with the neighborhood. Motion was made at Applicant's request to table ZA 94 -55 Rezoning Request for Southlake Business Park to the July 7, 1994 Planning and Zoning Meeting and continue the Public Hearing. Motion: McGarity Second: Arnold Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 to Table Agenda Item #13, ZA 94 -56, Rezoning and Site Plan/Parker's Corner Addition Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for Rezoning and Site Plan approval for property legally described as 0.512 acres, being a portion of Lot 5, Parker's Corner Addition. The location is South of W. Southlake Blvd. and C : \ W PF \MTG \MIN \MIN06 -09. • Planning and Zoning Meeting June 9, 1994 Page 15 West of Davis Blvd. The Current Zoning is "C -2" Local Retail Commercial and the Requested Zoning is "S -P -1" Site Plan District. The Land Use Category is 100 Year Flood Plain/or Low Density Residential. The Owner is Metzger Dairies, Inc. and the Applicants are Drews Realty Group, Inc., Tim Vickery, Vice President, and Kwik Industries, Sid Hollingsworth, Agents. Six written notices were sent out and one written response was received within the 200' notification area opposed. John Drews was present to represent this item. Mr. Drews informed the Commission that he was the Developer of the shopping center which will house the new Albertsons. He owns the Southwest corner of the intersection which is adjacent to that property and he would like to develop a compatible commercial retail type center. Commissioner McGarity clarified with Mr. Drews on item #12 on the staff review summary regarding exterior speakers that none were used and on item #13, that septic would not be used and sewer would be provided. Mr. Drews had no problem with any comments on the staff review letter dated June 3, 1994. Public Hearing. Joe Mantheiy, Lot 4, Parker's Corner, owns property adjacent to the subject property. He is concerned that if this property is carved up there will be limited uses for the Southern portion and he does not want to see storage buildings, or something similar, next to his property. He is also concerned with street access to the property on the South side. Public Hearing Closed. Commissioner McGarity commented that a well prepared presentation for Kwik Lube had been provided and he is in favor of the request. Commissioner Arnold said that this proposal fits in well with the service station across the street. Commissioner Tate agreed with other Commissioners. Motion was made recommending approval of ZA 94 -56 Rezoning and Site Plan for Parker's Corner Addition subject to the Plan Review Summary dated June 3, 1994. Motion: Arnold Second: Tate Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 C \ W PF \MTG \MIN \MIN06 -09.94 Planning and Zoning Meeting June 9, 1994 Page 16 Agenda Item #14, ZA 94 -57, Plat Revision/Parker's Corner Addition Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for a Plat Revision of Lot 5, Parker's Corner Addition, being 3.570 acres of land situated in the Jessie G. Allen Survey, Abstract No. 18, and being revised to Lots 5R1, 5R2, 5R3 and 5R4, Parkers' Corner Addition. The location is South of W. Southlake Blvd. and West of Davis Blvd. The Current Zoning is "C -2" Local Retail Commercial and the Requested Zoning is "S -P -1" Site Plan District. The Land Use Category is 100 Year Flood Plain and /or Low Density Residential. The Owner is Metzger Dairies, Inc. and the Applicant is Wier & Associates, Inc., Rea Stevenson, Agent. One written notices were sent out and one written response was received within the 200' notification area. Rea Stevenson was present to represent this request. Mr. Stevenson explained that the reason that this property was divided in the way that it was is due to the highway department's drainage easement. He explained that the Southern portion of the property would maintain access onto Davis Blvd. since the access to F.M. 1709 has been cut off due to the drainage easement. Chairman Wright asked Mr. Stevenson if he had any problems with the staff review letter dated June 3, 1994 and Mr. Stevenson said that he did not. Public Hearing. Mr. Mantheiy, Lot 4, Parker's Corner, said he is still confused and concerned about street access for the Southern portion of the property. Mr. Drews explained again that the state owes access to the property owner due to the construction of the drainage ditch and that access would be provided into Davis Blvd. Public Hearing Closed. Motion was made to approve ZA 94 -57 Plat Revision subject to Plat Review Summary dated June 3, 1994. Motion: Tate Second: Murphy Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 Agenda Item #15, ZA 94 -58, Specific Use Permit /Equestrian Uses Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for Specific Use Permit and Concept Plan approval per Ordinance 480, Section 45.1, #18, to allow equestrian uses on 3.953 acres situated in the Thomas M. Hood Survey, Abstract No. 706, Tracts 8F, 8G, and 8G1. The location is 480 W. Highland St. The Current Zoning is "AG" C: \WPF \MTG \ MIN \MIN06 -09.94 ' Planning and Zoning Meeting June 9, 1994 Page 17 Agricultural. The Owners /Applicants are Robert & Marylyn Seebeck and Doreen Seebeck. The Land Use Category is Low Density Residential. Nine written notices were sent out and one written response was received within the 200' notification area in favor and one written response was received within the 200' notification area opposed. Robert Seebeck was present to represent this item. Mr. Seebeck commented that the quality of life was an issue in Southlake and that his daughter, Doreen Seebeck, was providing the opportunity for learning about the science of horsemanship and horse related activities to the citizens of Southlake. He read a letter to the Commission written by Ms. Seebeck stating her wishes for continuing to provide this service to the citizens of Southlake. He also informed the Commission that "Ride With Pride" sponsors girls baseball teams. Pete Henderson, 6001 Bridge Street, was present to answer questions regarding the Concept Plan. He explained that the swimming pool would provide a water supply in case of fire and this would take care of item #6 on the staff review letter regarding providing a 24' fire lane. Public Hearing. Glens Davidson, 479 W. Highland, is extremely opposed to this request. She owns property directly across the street and she expressed concerns for the amount of traffic; cars being parked all along the front of her property when activities open to all family members of the students take place; she is concerned that taxes for operating a business from a residence are not being paid; and lights shining into her home as cars pull in out of the business keep her awake at night. Tim Raley, 440 Highland, stated that he owns property adjacent to "Ride With Pride" and he allows his property to be used for parking during the family playdays. He stated that Ms. Seebeck controls her students well and it is a pleasure to have her and her equestrian business as a neighbor. Public Hearing Closed. Motion was made to recommend approval of ZA 94 -58 Specific Use Permit for Equestrian Uses for a period of ten (10) years, subject to the Plan Review Summary dated June 3, 1994, waiving item #6. Motion: Murphy Second: McGarity Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 C \ W PF \MTG \MIN \MIN06 -09.94 • Planning and Zoning Meeting June 9, 1994 Page 18 Agenda Item #18, Revisions to the Zoning Ordinance No. 480, as amended, specifically Section 6, "Nonconforming Uses" and Section 44, "Board of Adjustment" and their role in the amortization of nonconforming uses. Ms. Gandy submitted language drafted by the City Attorney addressing Section 6, "Nonconforming Uses," and Section 44, "Board of Adjustment" and their role in the amortization of nonconforming uses. She stated that it would be in the best interest of the city to adopt the advice of council and limit the nonconforming uses. Motion was made to approve Agenda Item #18, Revisions to the Zoning Ordinance No. 480, as amended. Motion: McGarity Second: Tate Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: none Approved: 5 -0 The meeting was adjourned at 12:50 a.m. Joe Wr f.ht, Chairman ATTEST: A: S , " Bobbye Shif6, Community Development Secretary C: \WPF \MTG \ MIN \MIN06 -09.94