Loading...
1994-07-21 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING JULY 21, 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 July 7, 1994 P & Z Meeting. 3. Administrative Comments. 4. Consider: ZA 94 -55, Rezoning Request 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 -1" Business Service Park District; Requested Zoning: "C -3" General Commercial District. Amended Request: "B -1" Business Service Park District to "S -P -2" Generalized Site Plan District. Owners: Greenway Investment Company and Dan V. Matise. Applicants: Greenway Investment Company, Tommy M. Pigg and/or Phillip Bressinck, Agents. Continuation of Public Hearing. 5. Consider: ZA 94 -73, Rezoning Request for a 15.534 acre tract of land situated in the H. Granberry Survey, Abstract No. 581. Location: West side of S. White Chapel Blvd. approximately 1/4 mile North of Continental Blvd. at 720 S. White Chapel Blvd. Current Zoning: "AG" Agricultural; Requested Zoning: "RE" Single - Family Residential Estate. Owner /Applicant, Lemoine Wright. Public Hearing. 6. Consider: ZA 94 -76, Plat Showing of Lot 1 and Lot 2, 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 Ave., West of Shady Oaks Drive and South of West Dove St. Current Zoning: "SF-1A" Single Family Residential District. Owners: Kathleen L. Sumner and F.L. Bailey. Applicant: Don Blackburn. Public Hearing. 7. Consider: ZA 94 -77, Preliminary Plat of Carroll I.S.D., Shady Oaks Elementary Addition, Lot 1 Block 1, being 30.431 acres situated in the Thomas M. Hood Survey, Abstract No. 706. Location: East side of Shady Oaks Dr., South of W. Highland St. Current Zoning: "AG" Agricultural; Requested Zoning: "CS" Community City of Southlake, Texas Service District. Owner: Carroll Independent School District; Applicant, Cheatham & Associates. Public Hearing. 8. Consider: ZA 94 -78, Plat Revision of Lots 50R and 51R, Block 2, Monticello Phase III, being 14.712 acres situated in the William E. Crooks Survey, Abstract No. 295 and the M.M. Freeman Survey, Abstract No. 533. Location: South of W. Continental Blvd., West of S. White Chapel Blvd. Current Zoning: "R- P.U.D." Residential Planned Unit Development. Owner /Applicant: Hills of Monticello, Inc. Public Hearing. 9. 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, July 15, 1994 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. 440 004 L ■ Sandra L. LeGrand 1 City Secretary g r 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. G: \W PF MTG\AGN\7- 21 -94. W PD CITY OF SOUTHLAKE PLANNING AND ZONING COMMISSION MEETING July 21, 1994 MINUTES Commission Present: Chairman, Joe Wright; Members: Nick McGarity, Randy Arnold, Ernest Johnson, Lanny Tate and Arthur Hobbs. Commissioner Absent: James Murphy City Staff Present: Community Development Director, Greg Last; 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 Commissioner Johnson commented that typographical errors and the omission of an issue to the Motion on Agenda Item #10, ZA 94 -68 addressing curb cuts had been pointed out to Staff and that these had been corrected on the Minutes. He also requested that the Minutes reflect an additional comment be added to Agenda Item #6, ZA 94 -59 as follows: Commissioner Johnson stated that he is in favor of this proposal and he felt that this proposed use is much more preferable than many other more odious uses that are allowed under "I -1" Light Industrial District. Motion was made to approve the Minutes of the July 7, 1994 Planning and Zoning Commission meeting as amended. Motion: McGarity Second: Arnold Ayes: McGarity, Arnold, Wright, Johnson, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #3. Administrative Comments Community Development Director, Greg Last asked the Commission to note the insert in their packets regarding training for Planning and Zoning Commissioners. He informed the Commission that this training is provided at no cost to the Commissioners and if anyone is interested to please contact Staff. Mr. Last also informed the Commission that Cases ZA 94 -74 and ZA 94 -75 for Stone Lakes Phase Four Rezoning/Development Plan/Preliminary Plat had been scheduled for presentation at tonight's meeting but had been withdrawn. New submittals have been received and the cases will come before the Commission at the August 4, 1994 Planning and Zoning Meeting. G: \W PF\MTG\MIN\7- 21 -94. W PD Planning and Zoning Meeting July 21, 1994 Page 2 Agenda Item #4, ZA 94 -55. Rezoning Request Rezoning Request 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. The location is South of East Southlake Blvd., West of South Kimball Ave. The Current Zoning is "B -1" Business Service Park District; the Requested Zoning is "C -3" General Commercial District. The Amended Requested Zoning is "S -P -2" Generalized Site Plan District. The Land Use Category is Mixed Use/Partially within the 75 'LDN' Noise Contour. 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. The property is located in SPIN Neighborhood #7. Nine written notices were sent out within the 200' notification area and two written responses were received opposed. Nine written responses were received opposed from outside the 200' notification area. Community Development Director, Greg Last informed the Commission that Mark J. Taub, Controller for the Applicant, Greenway Investment Company, has requested by letter that this item be tabled to the August 4, 1994 Planning and Zoning Meeting and continue the Public Hearing. Commissioner Johnson noted to Staff and the Commission that this item had been tabled several times and suggested that this be tabled to the first meeting in September in order to give the Applicant more than ample time to get the presentation together. Mr. Last explained that Staff had asked the Applicant to also submit a drainage study and this was the reason for the delay. He stated that the Applicant has their proposal ready for presentation but the drainage request was outside their control and they needed the additional time to fulfill Staff s request. Commissioner Johnson withdrew his suggestion to table this item to September. Motion was made to table Item #4, ZA 94 -55, Rezoning Request for Southlake Business Park at the request of Mark J. Taub, Controller for the Applicant, Greenway Investment Company, to the August 4, 1994 Planning and Zoning Meeting and continue the Public Hearing. Motion: Tate Second: Johnson Ayes: McGarity, Arnold, Wright, Johnson, Tate and Hobbs Nays: none Approved: 6 -0 G:1W PFIMTGIMIN\7- 21 -94. W PD Planning and Zoning Meeting July 21, 1994 Page 3 Agenda Item #5. ZA 94 -73. Rezoning Request ZA 94 -73, Rezoning Request for a 15.534 acre tract of land situated in the H. Granberry Survey, Abstract No. 581. Location: West side of S. White Chapel Blvd. approximately 1/4 mile North of Continental Blvd. at 720 S. White Chapel Blvd. Current Zoning: "AG" Agricultural; Requested Zoning: "RE" Single - Family Residential Estate. The Land Use Category is Low Density Residential. The Owner /Applicant, Lemoine Wright. The property is located in SPIN Neighborhood #14. Nine written notices were sent out within the 200' notification area and one written response was received undecided and one written response from Bill Casner was not opposed, however, he has concerns for future development and he wants his concerns on record. Chairman Wright turned the meeting over to Vice - Chairman Tate to address this item. Commissioner McGarity asked the status of Timberlake Phase 1 & 2 and Mr. Last explained that Timberlake was already zoned "R- P.U.D." and this request would have no affect on that property to the West of the subject property. Commissioner Hobbs clarified with Mr. Last that the adjacent property to the North would require 30,000 sq. ft. minimum or larger lots and Mr. Last confirmed that it would require this. Lemoine Wright was present to represent this item. Mr. Wright stated to the Commission that the proposed use fits the surrounding areas and he has no opposition to Timberlake and he would be happy to answer any questions. Public Hearing. No Comments. Public Hearing Closed. No Discussion. Motion was made to Approve ZA 94 -73 Rezoning Request. Motion: Johnson Second: Hobbs Ayes: McGarity, Arnold, Johnson, Tate and Hobbs Nays: none Abstain: Wright Approved: 5 -0 -1 G: \W PF\MTG\MIN\7- 21 -94. W PD Planning and Zoning Meeting July 21, 1994 Page 4 Agenda Item #6, ZA 94 -76 Plat Showing ZA 94 -76, Plat Showing of Lot 1 and Lot 2, 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 Ave., West of Shady Oaks Drive and South of West Dove St. The Current Zoning is "SF -1A" Single Family Residential District. The Land Use Category is Low Density Residential. The Owners are Kathleen L. Sumner and F.L. Bailey and the Applicant is Don Blackburn. The property is located in SPIN Neighborhood #11. Nine written notices were sent out within the 200' notification area and one written response was received opposed. The Thoroughfare Plan extension of West Highland St. West to North Peytonville Ave. was discussed with Staff. Community Development Director, Greg Last commented that several alternatives have been provided to members of the Commission regarding the extension of West Highland St. and he explained that there was no definite decision at this time but one option would be for Highland to extend through the Southeast corner of the subject property. Don Blackburn was present to represent this item. Mr. Blackburn commented that this same property came before the City Council several months ago to be platted as three lots and was denied. It has since been platted into two lots. Mr. Blackburn stated that he had talked to Glen Burgess, the property owner to the North, and had given him his word that drainage would flow toward the street and not through Mr. Burgess' property. He said he was going to do his best to make all of the neighbors happy. He commented that all he was trying to do was build one house on a 2 1/2 acre lot. Public Hearing. Kathleen Sumner, 1205 N. Peytonville Ave. noted that she was the owner of Lot 2 of the subject property and she was confused about the Highland extension coming through her property. She commented that she had been notified about several possible proposals and the latest proposal had the road coming directly through her swimming pool which was basically just outside her kitchen window. The Commission and Staff again discussed the various alternatives that Highland could be extended through the properties to the North and South. F.L. Bailey, 1125 N. Peytonville Ave., explained that he had sold the Southeast notch to the previous owner so that the swimming pool could be installed and commented that if the road was routed G: \W PF\MTG\MIN\7- 21 -94. WPD Planning and Zoning Meeting July 21, 1994 Page 5 through the Southeast corner of the property, Mrs. Sumner would have a small highway less than ten feet from the back of her home. Glen Burgess, 1253 N. Peytonville Ave., stated that he was not opposed because Mr. Blackburn said that he would keep the water from draining through his property to the North. However, there have been significant rains in July and the water has not soaked in. But, for the record, Mr. Blackburn is going to take care of it. Richard Crow, 1502 Plantation Dr., commented that at the latest City Council meeting the issue of a school traffic study and how Highland St. would be affected was brought up. He asked about the easement as it pertains to Mrs. Sumner's property and Mr. Last explained that in 1990 many public hearings and traffic studies were done in regards to the Thoroughfare Plan and the extension of Highland, and the Thoroughfare Plan does show the extension of Highland through Mrs. Sumner's property. However, this option is not definite although the R.O.W. would be required if the road is extended through her property. Mr. Crow commented that this request should be approved with a written stipulation that West Highland St. will not be extended through Mrs. Sumner's property, rather than leaving that option open. Public Hearing Closed. The 100 ft. building lines were discussed between Staff and the Commission. Commissioner McGarity commented that approving this proposed plat does not offer a solution for the extension of Highland St. Commissioner Hobbs stated that it is unfair to ask Mrs. Sumner to dedicate a R.O.W. with her swimming pool being in the R.O.W. Commissioner Johnson stated that the swimming pool should not be dedicated as a R.O.W. and that alternatives to the Thoroughfare Plan should be pursued. The road is still a major concern, but there should be a better option than extending it so close to Mrs. Sumner's home, and taking away her pool. Commissioner Arnold agreed with the other Commissioner's comments. Motion was made to Approve ZA 94 -76 Plat Showing subject to the Plat Review Summary dated July 15, 1994 deleting item #3 requirement of R.O.W. dedication at the Southeast corner of the property for possible expansion of West Highland St. Motion: McGarity Second: Johnson G: \WPF\MTG\MIN\7- 21 -94. WPD Planning and Zoning Meeting July 21, 1994 Page 6 Ayes: McGarity, Arnold, Wright, Johnson, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #7. ZA 94 -77. Preliminary Plat of Carroll I.S.D.. Shady Oaks Elementary Addition Preliminary Plat of Carroll I.S.D., Shady Oaks Elementary Addition, Lot 1 Block 1, being 30.431 acres situated in the Thomas M. Hood Survey, Abstract No. 706. The location is on the East side of Shady Oaks Dr., South of W. Highland St. The Current Zoning is "AG" Agricultural and the Requested Zoning is "CS" Community Service District. The Owner of the property is Carroll Independent School District and the Applicant is Cheatham & Associates. The property is located in SPIN Neighborhood #11. Fourteen written notices were sent out within the 200' notification area and one written response was received opposed. Community Development Director, Greg Last asked the Commission to disregard a letter provided to the Commission regarding bufferyard issues and to also disregard Concept Plan issues which were provided but should not be addressed with the Plat issue. Eddie Cheatham, 1170 Corporate Dr. W., Suite 207, Arlington, was present to represent this item. Mr. Cheatham presented to the Commission a visual on the grading plan of the site. He explained that there would be a large sloped detention pond which would detain water runoff. This would be released at the existing low point downstream, and cause no additional runoff to North property owners. The pond is designed to hold more storage than necessary for runoff and it will improve the overall drainage situation. This pond will not contribute to the drainage of today and, if anything, will be an improvement to the drainage. The pond is designed to detain water and release it through an outlet within a few hours. It is designed for a 5 year to 100 year storm and the outflow will be proportional to the degree of the storm. The outlet of the pond is designed to a five year storm and the size of the pond is designed to a 100 year storm. Even in a five -year rain there will be no additional runoff to adjacent property owners. He further explained that there are existing trees around the perimeter of the property and the perimeter site in general will be left alone. Warren Anderson, 128 E. Texas St., Ft. Worth, informed the Commission that he did meet with the traffic consultant and the Traffic Study will be presented at the August 2nd City Council meeting. Public Hearing. Bill Runyon, 979 N. Shady Oaks Dr., is the property owner to the North. He stated that he does not object to the school itself but does object to the soccer fields and baseball fields being placed beside his property. He has lived on this property for 14 years and has not been bothered, but now these G: \W PF\MTG\MIN\7- 21 -94. W PD Planning and Zoning Meeting July 21, 1994 Page 7 fields will cause dust storms and he questions how a small pond can help drainage. He is concerned with the traffic impact from the school and parking and lighting associated with the ball fields. Chairman Wright explained that only the plat is being addressed tonight and that issues concerning the Concept Plan, such as lights, soccer fields and parking will be addressed at the City Council meeting on August 2, 1994. Mr. Last explained in detail the difference between Plat issues and Concept Plan issues. Mr. Runyon said that 50% of his concerns regarded drainage and asked Mr. Cheatham to discuss his visual with the audience. Mr. Cheatham went over the presentation and answered questions of the audience and said that he would meet with the audience after the meeting to discuss more completely any questions they might have. Chairman Wright asked if the water was a sheet flow through the property and Mr. Cheatham said it was not a true sheet flow, that the property slopes to the swale and fills the pond. Mr. Runyon asked what the water was going to do once it left the school and hit his property. Mr. Cheatham explained that the outlet pipe would allow the water to spread before it gets to his property. Commissioner Tate asked where the water flowed when it left the school property and Mr. Cheatham explained that it flows toward the creek that parallels Shady Oaks. The natural swale onto Mr. Runyon's property is not a distinct creek. Commissioner Tate asked if any work will be done to the swale and Mr. Last explained that no downstream construction is required from the Developer. Commissioner Hobbs asked about the pressure at which water would flow out of the outlet and if this would be a concern. Mr. Cheatham explained that the water would be released far enough within the school property line to give it time to spread and thus alleviate it coming onto Mr. Runyon's property at a high velocity. Chairman Wright noted that the amount of water per second will be no more than the amount going through now. The drainage ordinance says that construction cannot cause a flood situation downstream and Staff will see to it that the drainage ordinance requirements are met before it is approved. Public Hearing. Richard Crow, 1502 Plantation, has concerns on drainage accumulation of water 2 -3 feet deep leaving the outlet like a fire hose. He discussed the sewer holding tank in the Northeast corner of the site and the raw sewage being pumped away during off hours and questioned sewer backup if the G: \W PF\MTG\MIN\7- 21 -94. W PD Planning and Zoning Meeting July 21, 1994 Page 8 ground is saturated. He does not see how a large rain can't help but adversely affect the North property owner, and the pond provides an attractive nuisance to children coming to look at 3 feet of water. He also had traffic concerns and Mr. Cheatham explained that the Traffic study would address the area within the attendance zone of the school. Hugh Scherer, 620 N. Shady Oaks, stated he is also representing Margarete Austin, 600 N. Shady Oaks. He informed the Commission he has lived there for fourteen years and has seen the water travel down his property and onto the Clow property and it has been swift enough to wash his suburban vehicle away. He commented that he too would address other issues at the City Council meeting regarding the Concept Plan. Arnold Johnson, 630 N. Shady Oaks, stated that he is not opposed to the school and he too will be at the City Council meeting to address traffic and other issues. He also commented that there was flooding through his property North and down the hill. Wendy Robinson, 610 N. Shady Oaks, informed the Commission that drainage from the subdivision to the West of her home flooded her swimming pool. Those lots were supposedly graded to the plot plan and water was not supposed to flow West to Shady Oaks and North to Highland St. through their property. Public Hearing Closed. Commissioner Tate asked if anyone from Staff has addressed drainage problems mentioned by the property owners. Mr. Last said the City Engineer, Ron Harper would have been the one notified and he would check on this issue with Mr. Harper. Chairman Wright commented that the subdivision drainage would have been addressed at the time the Development Plan for the subdivision was approved and he told the homeowners that the problem would be looked into further by Mr. Harper. Commissioner Johnson stated that it appeared that the drainage problem was coming from other than the school property, and the school property would not exacerbate the problem. Chairman Wright asked for discussion addressing item #9 of the Plat Review Summary requiring a R.O.W. reservation for the continuation of Chapel Downs West through this site to Shady Oaks. Mr. Last described the history of the requirement. Commissioner Johnson said he did not support this item. G: \W PF\MTG\MIN\7- 21 -94. W PD Planning and Zoning Meeting July 21, 1994 Page 9 Motion was made to approve ZA 94 -77 Preliminary Plat subject to the Staff Review Letter dated July 15, 1994 deleting item #9 requiring the continuation of Chapel Downs West through this site to Shady Oaks. Motion: Tate Second: McGarity Ayes: McGarity, Arnold, Wright, Johnson, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #8, ZA 94 -78, Plat Revision ZA 94 -78, Plat Revision of Lots 50R and 51R, Block 2, Monticello Phase III, being 14.712 acres situated in the William E. Crooks Survey, Abstract No. 295 and the M.M. Freeman Survey, Abstract No. 533. Location: South of W. Continental Blvd., West of S. White Chapel Blvd. Current Zoning: "R- P.U.D." Residential Planned Unit Development. Owner /Applicant: Hills of Monticello, Inc. The property is located in SPIN Neighborhood #14. Chairman Wright turned the meeting over to Vice - Chairman Tate to address this item. No Owner /Applicant was present to represent this item. Public Hearing. No Comments. Close Public Hearing. Motion was made to Approve ZA 94 -78 Plat Revision subject to the Plat Review Summary dated July 15, 1994. Motion: Johnson Second: Arnold Ayes: McGarity, Arnold, Johnson, Tate and Hobbs Nays: none Abstain: Wright Approved: 5 -0 -1 G: \W PF\MTG\MIN\7- 21 -94. W PD Planning and Zoning Meeting July 21, 1994 Page 10 The meeting was adjourned at 9:25 p.m. /r Joe Wr f ht, hairman 6 64;i 17 �wis2 Bobbye Shire, Community Development Secretary G: \WPF\MTG\MIN\7- 21 -94. W PD