The URL can be used to link to this page

1994-08-04 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING AUGUST 4. 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 21, 1994 P & Z Meeting. 3. Administrative Comments. 4. Consider: ZA 94 -55, Rezoning Request of 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. SPIN Neighborhood #7. Continuation of Public Hearing. 5. Consider: ZA 94 -67, Rezoning Request of a 1.45 acre tract of land situated in the John A. Feeman Survey, Abstract No. 529. Location: 2111 E. Southlake Blvd. Current Zoning: AG" Agricultural; Requested Zoning: "C -1 " Neighborhood Commercial District. Owner /Applicant, Wayne Howell. SPIN Neighborhood #8. Public Hearing. 6. Consider: ZA 94 -74, Rezoning and Development Plan approval of a 50.03 acre tract of land being 41.56 acres out of the James Thornhill Survey, Abstract No. 1505, Tracts 2 and 2A, and 8.47 acres out of the R.J. Paden Survey, Abstract No. 1255, being further described as Lots 39 -46 and 52 -60, Block 7, Stone Lakes Phase Three, as recorded in Cabinet A, Slide 1679, Plat Records, Tarrant County, TX. Location: East of S. Peytonville Ave.. approximately 2.592 feet south of Southlake Blvd. (F.M. 1709). and North of W. Continental Blvd. Current Zoning: "AG" Agricultural and "R- P.U.D." Residential Planned Unit Development; Requested Zoning: "R- P.U.D." Residential Planned Unit Development. Owners: Naomi R. Morrison, The Drees Company, Weekley City of Southlake, Texas Homes, Sanders Custom Builders, Ltd. and Southlake Properties J.V. Applicant: The Nelson Corporation. SPIN Neighborhoods # 13 &14. Public Hearing. 7. Consider ZA 94 -75, Preliminary Plat of Stone Lakes Phase IV, being a 50.03 acre tract of land including 41.56 acres out of the James Thornhill Survey, Abstract No. 1505, Tracts 2 and 2A, and 8.47 acres out of the R.J. Paden Survey, Abstract No. 1255, being further described as Lots 39 -46 and 52 -60, Block 7, Stone Lakes Phase Three, as recorded in Cabinet A, Slide 1679, Plat Records, Tarrant County, TX. Location: East of S. Peytonville Ave., approximately 2,592 feet south of Southlake Blvd. (F.M. 1709). and North of W. Continental Blvd. Current Zoning: "AG" Agricultural and "R- P.U.D." Residential Planned Unit Development; Requested Zoning:"R-P.U.D." Residential Planned Unit Development. Owners: Naomi R. Morrison, The Drees Company, Weekley Homes, Sanders Custom Builders, Ltd. and Southlake Properties J.V.; Applicant, The Nelson Corporation. SPIN Neighborhoods #13 & 14. Public Hearing. 8. Consider: ZA 94 -81, Rezoning of a 1.0 acre tract of land situated in the James Thornhill Survey, Abstract No. 1505, Tract 1E1. Location: East of S. Peytonville Ave., North of W. Continental Blvd. Current Zoning: "AG" Agricultural; Requested Zoning: "SF -20A" Single - Family Residential District. Owner /Applicant, Southlake 11.4 Acre, Inc., Rich Robbins, Agent. SPIN Neighborhood #14. Public Hearing. 9. Consider: ZA 94 -82, Rezoning of a 3.122 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474, being a portion of Tract 11E and being the proposed Lot 1, E.C. White Addition. Location: East of South Kimball Ave.. South of East Southlake Blvd.. on the West side of Crooked Lane. Current Zoning: "AG" Agricultural; Requested Zoning is "SF -1" Single - Family Residential District. Owner /Applicant, E.C. White, SPIN Neighborhood #7. Public Hearing. 10. Consider: ZA 94 -83, Preliminary Plat of Lots 1 and 2, E.C. White Addition, being 16.968 acres situated in the Thomas Easter Survey, Abstract No. 474, Tract 11E. Location: East of South Kimball Ave.. South of East Southlake Blvd.. on the West side of Crooked Lane. Current Zoning: "AG" Agricultural; Requested Zoning is "SF -1" Single - Family Residential District. Owner /Applicant; E.C.White. SPIN Neighborhood #7. Public Hearing. 11. Consider: ZA 94 -84, Preliminary Plat of Monticello Estates, being 71.77 acres situated in the James Thornhill Survey, Abstract No. 1505, being a portion of Tracts 1 and 2, and the P.J. Hyde Survey, Abstract No. 667, and being a revision to a portion of the preliminary plat of Timberlake Addition. Location: East of S. Peytonville City of Southlake, Texas Ave.. West of S. White Chapel Blvd.. on the North side of W. Continental Blvd. Current Zoning: "R- P.U.D." Residential Planned Unit Development. Owner: Southlake Joint Venture. Applicant: Terry L. Wilkinson. SPIN Neighborhood #14. Public Hearing. 12. Consider: ZA 94 -85, Rezoning and Development Plan of Versailles, being a 78.046 acre tract of land situated in the J.W. Hale Survey, Abstract No. 803, Tracts lA and 1A3. Location: East Side of South Carroll Ave., North Side of East Continental Blvd. Current Zoning: "SF -20B" Single - Family Residential District; Requested Zoning: "R- P.U.D." Residential Planned Unit Development. Owner: Kercho Kochweop Partnership. Applicant: Versailles, Ltd., John Dickerson, Agent. SPIN Neighborhood #8. Public Hearing. 13: Consider: Request for Amendment to Ordinance No. 480, Section 22, "C -3" General Commercial District, to permit dry cleaning/laundry facilities with maximum floor areas of 4,000 sq. ft. 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 Friday, July 29, 1994 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. 1 4 4 allu i 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. G: \W PF\MTGWGN\8- 4- 94 CITY OF SOUTHLAKE PLANNING AND ZONING COMMISSION MEETING August 4 , 1994 MINUTES Commission Present: Chairman, Joe Wright; Members: Nick McGarity, Randy Arnold, James Murphy, Ernest Johnson, Lanny Tate and Arthur Hobbs. Commissioner Absent: None City Staff Present: Community Development Director, Greg Last; Planner, Tom Elgin; City Engineer, Ron Harper; 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 stated that on Page 6, Agenda Item #7, ZA 94 -77, where it addresses the pond being designed for a 5 year to 100 year storm, it was further indicated that the outflow of the water would be proportional to the degree of storm, and this should be included in the minutes. Commissioner McGarity informed the Commission that he had asked Staff to reword a sentence on ZA 94 -76 Plat Showing. Motion was made to approve the Minutes of the July 21, 1994 Planning and Zoning Commission meeting as amended. Motion: Hobbs Second: Arnold Ayes: McGarity, Arnold, Wright, Johnson, Tate and Hobbs Nays: none Abstain: Murphy Approved: 6 -0 -1 Agenda Item #3. Administrative Comments Community Development Director Greg Last informed the Commission that information on training courses was included in their packets and anyone interested in attending the September session should contact Staff to sign up. Mr. Last informed the Commission and the audience that applicants for Agenda Items #5, #9 and #10 would be requesting to table these to the August 18th and September 8, 1994 Planning and Zoning meetings. G: \ W PF \M TG\M IN\8 -4- 94. W PD Planning and Zoning Meeting August 4, 1994 Page 2 Agenda Items #5, #9 and #10 were heard out of Agenda order. Agenda Item #5, ZA 94 -67. Rezoning Request Chairman Wright advised the audience that the Applicant has requested that this item be tabled to the September 8, 1994 Planning and Zoning Meeting. Motion was made at Applicant's request to table ZA 94 -67 Rezoning Request to the September 8, 1994 Planning and Zoning Meeting and continue the Public Hearing. Motion: McGarity Second: Johnson Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 Agenda Item #9. ZA 94 -82, Rezoning Request Chairman Wright advised the audience that the Applicant has requested that this item be tabled to the August 18, 1994 Planning and Zoning Meeting. Motion was made at Applicant's request to table ZA 94 -82 Preliminary Plat to the August 18, 1994 Planning and Zoning Meeting and continue the Public Hearing. Motion: Tate Second: Johnson Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 Agenda Item #10, ZA 94 -83, Preliminary Plat Chairman Wright advised the audience that the Applicant has requested that this item be tabled to the August 18, 1994 Planning and Zoning Meeting. Motion was made at Applicant's request to table ZA 94 -83 Preliminary Plat to the August 18, 1994 Planning and Zoning Meeting and continue the Public Hearing. Motion: Tate Second: Johnson Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 G: \ W PF\M TG\M IN\8 -4 -94. W PD Planning and Zoning Meeting August 4, 1994 Page 3 Agenda Item #4. ZA 94 -55, Rezoning Request/Southlake Business Park Planner, Tom Elgin 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 was "C -3" General Commercial District. The Amended Request is "B -1" Business Service Park District to "S -P -2" Generalized Site Plan District. The Land Use Category is Mixed Use/Partially within the 75 'LDS' Noise Contour. The Owners are Greenway Investment Company and Dan V. Madest and the Applicants are Greenway Investment Company, Tommy M. Pig and/or Phillip Bressinck, Agents. The property is located in SPIN Neighborhood #7. Nine written notices were sent out and two written responses were received within the 200' notification area opposed. Eleven written responses were received from outside the 200' notification area opposed. Mr. Elgin clarified that the property was located across F.M.1709 opposite the proposed Wal -mart site and that the property was located between the 65 -75 noise contour. Joseph Patty, 3102 Oak Lawn Ave., Dallas, Texas was present to represent this item. Mr. Patty distributed color visuals of the proposal to members of the Commission. He gave a detailed overview of the site plan, explaining landscape and buffer zones, type and height of fencing, drainage, materials used on exterior walls and roofs, signage, roof screening, and square footage of buildings. He further commented that there would be no exterior sales and that all business would be conducted within the buildings, there would be no outside storage, and there would be no through truck traffic. He also stated that the buildings are designed to look residential in character using 70% brick and having sloped roofs for transitioning of business uses on F.M. 1709 to neighboring residential to the Southwest. He commented that at the present time there were no definite tenants and pointed out that a list with 76 restricted uses was provided to insure quality tenants. He explained that the towers of the anchor building would be 35 feet in height, the roof of the building would be 29 feet in height with a 5 ft. anchor sign, roof top air conditioning units would be screened and the back side of the pitched roof would be finished out . A screened service yard with a loading dock and screened dumpsters would be provided. A monument sign or tenant signs would face F.M. 1709 and all signs would comply with the Sign Ordinance. The office buildings to the West adjacent to the residential neighborhood are one story with pitched sloping tiled roofs that appear residential in nature and a 100 ft. landscaped area buffers the residential neighborhood from the office buildings. The two buildings adjacent to F.M. 1709 would be a minimum of 2000 sq. ft. with minimum tenant space of 500 sq. ft. A lighting plan has not been developed at this time but will be addressed at City Council. The applicant said that he has reviewed the Plan Review Summary dated G: \W PF\MTG\M IN\8 -4 -94. W PD Planning and Zoning Meeting August 4, 1994 Page 4 July 29, 1994 and their proposal was for the following: in lieu of a 6' wood fence they are proposing a 6' brick - column and wrought -iron panel fence at the property line with a solid 8' concrete screening fence behind the 100' bufferyard. Staff stated that if the citizens consented to this Staff would have no problem with this. Tommy Pigg, Agent for the Applicant, 2301 Cedar Springs, Dallas, Texas informed the Commission that meetings were held with the neighboring residents of the Woodland Heights addition to the Southwest of the proposed site to listen to their concerns. The residents were extremely opposed to filling stations and fast food restaurants. Phillip Bressinck, Agent for the Applicant, 200 Swallow Dr., Southlake, Texas commented that a meeting was held approximately six weeks ago with the neighboring residents and the most recent meeting approximately three weeks ago after the "S -P -2" request had been made. Approximately fifteen citizens attended these meetings. Public Hearing. Pamala Muller, 214 Westwood Dr., feels commercial uses belong to the North of F.M. 1709. She stated that committees went to great lengths to plan the City with the Land Use Plan and the "B -1" zoning was adopted for this particular property. She asked the Commission to not undo years of work and planning. Donna Schroetke, 211 Eastwood Dr., owns the property adjacent to the subject property and she is here representing herself, her husband and John & Martha Taylor of 209 Eastwood Dr. She stated that the homeowners met with Mr. Bressinck on June 15th and June 22nd. They were initially pleased that the developer seemed interested in hearing their concerns, however, she feels their issues have not been addressed. She stated that 90% of the listed uses are incompatible with surrounding residential zoning. Also, she is concerned with the increased traffic on F.M. 1709 that will result if this request is approved. Dennis Minder, 223 Eastwood Dr., feels that the front of the proposed site request has been addressed but the back side has not. The sloped roofs face to the front, not to the back. The back side is the side that the residents of Woodland Heights will look down upon. He is also concerned about the lighting and feels this request violates the Master Plan. George Barclay, 205 Westwood Dr., echoed the comments of Ms. Muller, Ms. Scratch and Mr. Mender. He asked the questions: "Why did we create B -1 zoning in this area? Why did we create a Master Plan?" Time and effort went into the layout of the City for the citizens and now it is being wasted. G:1W PF\MTG\MIN\8 -4 -94. W PD Planning and Zoning Meeting August 4, 1994 Page 5 Carlos Dorris, 213 Eastwood Dr., said he is not opposed to the development of Southlake but he is opposed to the zoning change request to "S -P -2." He is concerned about the hours of operation, he stated that the buffer zone on the West side of the property is a flood zone, and he said he will be able to see down over an 8 foot fence and see everything on the other side of it. Evelyn Zembrod, 2141 E. Southlake Blvd., is concerned that if a fence is put up her land will flood. Michael Clarke, 12800 Hillcrest, Dallas, Texas, Civil Engineer for the Applicant, prepared the Drainage Study as requested by Staff, explained that a stockade fence would not be erected and therefore no water problems would effect Ms. Zembrod. He stated that all City Ordinances will be met and the Site Plan will accommodate drainage. He explained that the Buffer on the West is low but the South is higher than F.M. 1709 and the water will drain North to F.M. 1709. Water in the detention ponds will flow through a pipe to the culvert on F.M. 1709. Mr. Pigg stated that he had viewed the videotape and photographs provided by the citizens showing other shopping center sites in the metroplex. He said that this proposal is better than or will equal any of the sites shown on the video or photos. Mr. Patty commented that everything possible has been done to screen the site from neighbors to the Southwest and the possibility that the neighbors will face development now or in the future is a probability. The developers of this request have addressed the neighbors concerns, the majority of the retail is on the East side of the site and buffered residential type office buildings divide the properties. Ms. Schroetke commented that the appearance is not what is being objected to but the scope of it. She is not opposed to "B -1" uses. Public Hearing Closed. Chairman Wright called a recess at 9:40 p.m. and reconvened the meeting at 9:55 p.m. Plantings were discussed with the Commission and Mr. Patty agreed to increase the South and West plantings from B to D classification with D being twice as many trees as B and almost twice as many shrubs. He also commented that the Landscape Ordinance would be followed. Commissioner Arnold commented that hours of operation should be discussed and it was suggested that no deliveries be made between the hours of 10:00 p.m. and 6:00 a.m. G: \WPFIMTG\MIN\8 -4 -94. WPD Planning and Zoning Meeting August 4, 1994 Page 6 Commissioner Hobbs had concerns for the two buildings adjacent to F.M. 1709 being only 2000 square feet and stated they should be a minimum of 3000 sq. ft. and no maximum attached. Mr. Pigg had no objection to this. Commissioner Johnson stated he cannot support the Applicant's request. The concept of "S -P -2" speaks to restricting uses and in this case there is no control to the intensity and the breadth of what could happen. The Commission discussed the listed restricted uses as proposed by the developer and it was suggested that some of the more offensive uses be eliminated from the list. Motion was made to approve ZA 94 -55 subject to Plan Review Letter dated July 29, 1994, modifying item #2 so that the West 656' and the South 8065' property lines are changed to 100 ft. D type bufferyards; waive the requirement of the 6' wooden fence and instead require an 8' solid screen brick fence and a 6' wrought iron fence; modify their development regulations to add that the hours of delivery are restricted so that deliveries are not made between 10:00 p.m. and 6:00 a.m.; that the permitted uses for the three buildings identified in the Southwest corner are only those uses identified in paragraph 2.a. which are "04" Office Uses; under the Shopping Center Uses, item #6 - Christmas Tree Sales is eliminated, item #34 - nursery yards, etc. is eliminated, item #44 - tires, batteries and automobile accessory sales is eliminated; modify Development Regulations 3.b. to be 50' minimum front yard, 3.c. to be 60' minimum side yard, 3.f. separate building to be 3000 sq ft.; and modify 3.h. to take out the second sentence which reads "Outside storage and/or display of any type shall be prohibited, etc." and change it to read "All types of business shall be conducted entirely within a building. ", 3.i. lighting will be equal to or below the roof line, 3.j. stipulate trash receptacles be enclosed within brick fences; under Shopping Center Uses item 2.b.8. is restrict cleaners, laundries and/or washaterias to 2500 sq. ft. under "C -1 "; under Design Guidelines 5.c. Applicant agreed to make facade on the storefront areas 100% brick; under Sign Criteria 6.A no signs will be placed on sides of the primary retail center, and further to restrict the two stand alone pads in front to either a monument sign with a facia sign facing to the rear or facia signs to the front and back of those buildings. Motion: McGarity Second: Tate Ayes: McGarity, Tate, Arnold, Murphy, Wright, and Hobbs Nays: Johnson Approved: 6 -1 Agenda Item #6, ZA 94 -74. Rezoning and Development Plan/Stone Lakes Phase IV Planner, Tom Elgin informed the Commission that the Applicant's request is for Rezoning and Development Plan approval of a 50.03 acre tract of land being 41.56 acres out of the James Thornhill G: \W PF\MTG\MIN\8 -4 -94. W PD Planning and Zoning Meeting August 4, 1994 Page 7 Survey, Abstract No. 1505, Tracts 2 and 2A, and 8.47 acres out of the R.J. Paden Survey, Abstract No. 1255, being further described as Lots 39 -46 and 52 -60, Block 7, Stone Lakes Phase Three, as recorded in Cabinet A, Slide 1679, Plat Records, Tarrant County, TX. The location is East of S. Peytonville Ave., approximately 2,592 feet south of Southlake Blvd. (F.M. 1709), and North of W. Continental Blvd. The Current Zoning is "AG" Agricultural and "R- P.U.D." Residential Planned Unit Development and the Requested Zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Category is Medium Density Residential /100 Year Flood Plain. The Owners are Naomi R. Morrison, The Drees Company, Weekley Homes, Sanders Custom Builders, Ltd. and Southlake Properties J.V. and the Applicant is The Nelson Corporation. The property is located in SPIN Neighborhoods # 13 &14. Fourteen written notices were sent out and two written responses were received within the 200' notification area opposed. Seven written responses were received from outside the 200' notification area opposed. Community Development Director, Greg Last stated that the property to the North was developed with roads and utilities, the overall density of the "R- P.U.D." is 1.38 du/acre. Also, construction traffic through Chimney Hill will be controlled with barricades to limit access through Chimney Hill. Helen Eve Liebman, The Nelson Corp., 5999 Summerside Dr., #202, Dallas, Texas was present to represent this item. Ms. Liebman explained that they were simply trying to add property to the existing master plan community of Stone Lakes. In doing this they used a small portion of the adjacent Stone Lakes Phase III "R- P.U.D." to the North and incorporated this with the planned Phase IV request to meet the "R- P.U.D." acreage requirements. She commented that The Nelson Corporation was in agreement with all items on the Plan Review Summary dated July 29, 1994 with the exception of item #14 regarding open space and the development requirement of providing a minimum of 5.00 acres of open space instead of the 1.99 acres as shown, and item #17 stating that if any portion of this P.U.D. is revised, the amendment will be considered a rezoning of the entire 50.03 acre development and will require that all property owners be applicants in the request and that a revised development plan and development regulations be approved by the City. Ms. Liebman displayed visuals of the open space for all of Stone Lakes development and passed out information to the Commissioners showing Stone Lakes open space calculations, improvements and amenities, lot areas for Stone Lakes IV, and approved P.U.D. zoning. She explained that Stone Lakes has 11.82% green space in the overall development phases. Stone Lakes has spent over one million dollars on improvements and maintain these improvements at a cost of $75,000 per year to at no cost to the City. They have provided a nice entry area with water features and a cabana, pool, water fountain and bridge entirely landscaped, there is a 10 acre lake with a park setting in the middle of the development with a 5' wide concrete trail, park benches, picnic tables, landscaping, the lower lake area provides a park setting with concrete trail, park and picnic benches and a G: \W PFIMTG\MIN\8 -4 -94. W PD Planning and Zoning Meeting August 4, 1994 Page 8 basketball court tennis courts. The southern area proposal will provide a lake with a water feature and natural park setting with picnic tables and park benches. Ms. Liebman stated that this development meets the requirements of an "R- P.U.D." zoning. Commissioner Arnold asked for clarification that the developer essentially did not have enough land for a "R- P.U.D." so he reached up and grabbed a portion from another existing "R- P.U.D. ", and incorporated three other property owners acreage to meet the minimum acreage requirements of a "R- P.U.D." Mr. Last explained that from a legal standpoint, their application is a "legal" request under our Ordinance. Phil Jobe, 3838 Oak Lawn, stated that all Stone Lakes development wished to do was extend the subdivision and extend the acreage. Public Hearing. Tom Kraemer, 1401 Meadow Lane, is opposed to the small lots and the potential decline of property values, and he is opposed to the traffic coming through Chimney Hill. Melissa Ripley, 901 Chimney Hill Tr., her major concern is the lot size, she is opposed to putting big houses on small lots and feels a mistake is being made and the Master Plan is not being followed. She suggested stubbing off the street to make a cul -de -sac instead of connecting Chimney Hill with Stone Lakes with a though street. She wants the lots next to Chimney Hill comparable in size and she would like the street to be named something other than Chimney Hill. Kevin Jansen, 1500 Chimney Works Drive, feels the developer skirted the intent of the 50 acre requirement for a "R- P.U.D." and feels the developer should go with 20,000 sq. ft. lots. Carolyn Hobbs, SPIN representative #14, 1404 Chimney Works Dr., is concerned with restricting traffic, preserving property, safety for neighborhood children, and she wants larger lot sizes. Rick Pinkens, 1503 Chimney Works Dr., is concerned for the safety of children and cars speeding over the hills. He does not want the road opened to allow cars from Stone Lakes Phases 1,2 & 3 coming into Chimney Hills. Pamela Gagnon, Southlake Hills, is opposed to the construction traffic coming through Chimney Hill. G: \WPF\MTG\MIN\8 -4 -94. W PD Planning and Zoning Meeting August 4, 1994 Page 9 Jim Reddy, 1402 Meadow Lane, is opposed to the small lots, concerned for the safety of the children playing in the neighborhood, and feels that with more access to the neighborhood there will be more crime. Jeff Chenworth, 904 Chimney Hill, is concerned that if this request is allowed, what will circumvent the combining of one P.U.D. to another to create new P.U.D.'s happening over and over again in the future. This may be legal but he feels it is not ethical. John Denning, 1405 Meadow Lane, is also concerned with the creativity which was used to acquire this "R- P.U.D." and is concerned with the traffic flow pattern. Mitch Benway, 1400 Meadow Lane, is concerned with declining property values and the lot sizes not including the common areas. Chuck Lyn, 1405 Northridge, is concerned that drainage problems may occur with more houses being built, does not want additional traffic, declining property values, and does not agree with the waiver of green space. Allen Ripley, 901 Chimney Hill Trail, agreed with the comments of his wife, Melissa, and asked if there was a minimum lot size under an "R- P.U.D." and Chairman Wright stated that there was no minimum lot size, but there is a maximum density of 2.18 du /acre. Eugene Hall, 1407 Northridge, is opposed to the traffic, the small lot sizes, and the road being cut through Chimney Hill. He stated that the traffic to the school will increase and feels that the road should be connected to S. Peytonville. Ann Peters, 903 Chimney Hill, is opposed to the street being cut through to Stone Lakes. The road will be too long. She wants Chimney Hill's identity to remain intact. Phil Jobe stated that there were more questions brought up by the Chimney Hill residents than he had anticipated and he advised the Commission that he would like to table this item to the August 18, 1994 Planning and Zoning Meeting and continue the Public Hearing. Commissioner McGarity commented that the residents don't seem to want streets completed North, however, street flow is needed within the City. Commissioner Hobbs commented that it seemed that the bulk of the residents did not object to the street as much as to the lot size and suggested 20,000 sq. ft. lot sizes next to Chimney Hill. Chairman Wright advised Mr. Jobe to look hard at accessing the street to S. Peytonville. G: \W PF\MTG\MIN \8 -4 -94. W PD Planning and Zoning Meeting August 4, 1994 Page 10 Commissioner McGarity commented that this was a strange "R- P.U.D." to start with and essentially 20 acres were being added to Stone Lakes. It's not right to add acreage through creative devices to call a property a P.U.D. Commissioner Johnson agreed with Commissioner McGarity and said there are many issues here that need answers. Motion was made at Applicant's request to table ZA 94 -74 to the August 18, 1994 Planning and Zoning Meeting and continue the Public Hearing. Motion: Johnson Second: Murphy Ayes: Johnson, Murphy Nays: Hobbs, Arnold, McGarity Abstain: Wright, Tate Denied: 3 -2 -2 Motion was made recommending denial of ZA 94 -74 because the request does not conform to the open space requirements of a "R- P.U.D." and the request is not in the spirit of what a P.U.D. is all about, even though this request is legal. Motion: Johnson Second: McGarity Ayes: Johnson, McGarity, Arnold, Hobbs, Murphy Nays: none Abstain: Wright, Tate Approved: 5 -0 -2 to DENY Public Hearing Closed. Agenda Item #7. ZA 94 -75. Preliminary Plat/Stone Lakes Phase IV Planner, Tom Elgin informed the Commission that the Applicant's request is for Preliminary Plat approval of Stone Lakes Phase 1V, being a 50.03 acre tract of land including 41.56 acres out of the James Thornhill Survey, Abstract No. 1505, Tracts 2 and 2A, and 8.47 acres out of the R.J. Paden Survey, Abstract No. 1255, being further described as Lots 39 -46 and 52 -60, Block 7, Stone Lakes Phase Three, as recorded in Cabinet A, Slide 1679, Plat Records, Tarrant County, TX. The location is East of S. Peytonville Ave., approximately 2,592 feet south of Southlake Blvd. (F.M. 1709), and North of W. Continental Blvd. The Current Zoning is "AG" Agricultural and "R- P.U.D." Residential Planned Unit Development and the Requested Zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Category is Medium Density Residential/100 Year Flood Plain. The Owners are Naomi R. Morrison, The Drees Company, Weekley Homes, Sanders Custom Builders, G: \ W P F\M T G\MIN\8 -4 -94. W PD Planning and Zoning Meeting August 4, 1994 Page 11 Ltd. and Southlake Properties J.V. and the Applicant is The Nelson Corporation. The property is located in SPIN Neighborhoods #13 & 14. Fourteen written notices were sent out and two written responses were received within the 200' notification area opposed. Eight written responses were received from outside the 200' notification area opposed. Helen -Eve Liebman, the Nelson Corporation, 5999 Summerside Dr., #202, Dallas, Texas was present to represent this item. Public Hearing. Ms. Liebman requested that this item be tabled to the September 8, 1994 Planning and Zoning Meeting and continue the Public Hearing. Mitch Benway, 1400 Meadow Lane, asked the Commission to recommend denial of this request as was recommended for the rezoning. Motion was made at Applicant's request to table ZA 94 -75 Preliminary Plat for Stone Lakes Phase IV to the September 8, 1994 Planning and Zoning Meeting and continue the Public Hearing. Motion: Johnson Second: Arnold Ayes: McGarity, Arnold, Murphy, and Johnson Nays: Hobbs Abstain: Tate, Wright Approved: 4 -1 -2 Chairman Wright called a recess of the meeting at 12:30 a.m. and reconvened the meeting at 12:40 a.m. Agenda Item #8, ZA 94 -81. Rezoning Request Planner, Tom Elgin informed the Commission that the Applicant's request is for rezoning a 1.0 acre tract of land situated in the James Thornhill Survey, Abstract No. 1505, Tract 1E1. The location is East of S. Peytonville Ave., North of W. Continental Blvd. The Current Zoning is "AG" Agricultural and the Requested Zoning is "SF -20A" Single - Family Residential District. The Land Use Category is Medium Density Residential. The Owner /Applicant is Southlake 11.4 Acre, Inc., Rich Robbins, Agent. The property is located in SPIN Neighborhood #14. Five written notices were sent out and no written responses were received. John Levitt, 726 Commerce, Suite 104, was present to represent this item. G:\W PFIMTGIMIN\8 -4 -94. WPD Planning and Zoning Meeting August 4, 1994 Page 12 Mr. Levitt informed the Commission that the property will be platted into two lots and two homes under "SF -20A" zoning valued between $275,000 and $350,000 will be built. At the present there is a house and a garage on the property that will be torn down with the approval of this request. Public Hearing. No Discussion. Public Hearing Closed. Motion was made recommending approval of ZA 94 -81 Rezoning Request. Motion: Tate Second: Johnson Ayes: McGarity, Arnold, Murphy, Johnson, Tate and Hobbs Nays: none Abstain: Wright Approved: 6 -0 -1 Agenda Item #11. ZA 94 -84, Preliminary Plat/Monticello Estates Chairman Wright stepped down and asked Vice - Chairman Tate to preside over this item. Planner, Tom Elgin informed the Commission that the Applicant's request is for Preliminary Plat approval of Monticello Estates, being 71.77 acres situated in the James Thornhill Survey, Abstract No. 1505, being a portion of Tracts 1 and 2, and the P.J. Hyde Survey, Abstract No. 667, and being a revision to a portion of the preliminary plat of Timberlake Addition. The location is East of S. Peytonville Ave., West of S. White Chapel Blvd., on the North side of W. Continental Blvd. The Current Zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Category is Medium Density Residential/100 Year Flood Plain. The Owner is Southlake Joint Venture and the Applicant is Terry L. Wilkinson. The Property is located in SPIN Neighborhood #14. Sixteen written notices were sent out and no written responses were received. Mr. Last informed the Commission that this is a unique application in that they are utilizing the existing zoning of Timberlakes and they are not changing the zoning or development regulations of Timberlake. Monticello is under contract to acquire property to the West of the creek that subdivides the South half of Timberlake. Their alignment is based on the development regulations of Timberlake. The addition will be called Monticello Estates and they are proposing private streets and a guarded entry to the South on E. Continental Blvd., and they intend to provide a gate on the connection to the West of Northridge with a lockbox for fire department use. G:1WPF\MTO\ IIN\8- 4- 94 .WPD Planning and Zoning Meeting August 4, 1994 Page 13 The Commission discussed lot lines and lot sizes with Staff. Terry Wilkinson, 601 Vicksburg Ct. was present to represent this item. Mr. Wilkinson stated that he had reviewed the Plat Review Summary and he feels that the common lines of Lots 1 & 29, Block 2 do meet the perpendicular lot line requirements on item #12. He also stated that item #11 regarding Lots 10 -14, Block 3 not meeting the minimum lot width of 100' would be adjusted. Mr. Wilkinson passed out a recap of the quantitative land use schedule showing cumulative totals as requested by Staff on item #9 of the Plat Review Summary. He explained that this showed their current status and the status with the approval of the preliminary plat. Public Hearing. No Discussion. Public Hearing Closed. Motion was made to approve ZA 94 -84 Preliminary Plat subject to the Plat Review Summary dated July 29, 1994 deleting item #12 regarding common line of Lots 1 and 29, Block 2 not meeting perpendicular lot line requirements. Motion: Arnold Second: McGarity Ayes: McGarity, Arnold, Murphy, Johnson, Tate and Hobbs Nays: none Abstain: Wright Approved: 6 -0 -1 Agenda Item #12. ZA 94 -85. Rezoning and Development Plan/Versailles Chairman Wright stepped down and requested that Vice - Chairman Tate preside over this item. Planner, Tom Elgin informed the Commission that the Applicant's request is for Rezoning and Development Plan approval of Versailles, being a 78.046 acre tract of land situated in the J.W. Hale Survey, Abstract No. 803, Tracts 1A and 1A3. The location is East Side of South Carroll Ave., North Side of East Continental Blvd. The Current Zoning is "SF -20B" Single - Family Residential District and the Requested Zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Category is Medium Density Residential. The Owner is Kercho Kochweop Partnership and the Applicant is Versailles, Ltd., John Dickerson, Agent. The property is located in SPIN Neighborhood #8. Eighteen written notices were sent out and six written responses were received G: \W PF\MTG\MIN\8 -4-94. W PD Planning and Zoning Meeting August 4, 1994 Page 14 within the 200' notification area opposed and one was received in favor if certain guidelines were followed. Community Development Director, Greg Last presented overheads explaining the alternative options of the alignment of the S. Carroll Ave. extension down Carlisle Lane connecting to Brumlow. He stated that all of the options caused hardships, both to businesses and homeowners. Mr. Don Plunk, 5485 Beltline Road, Dallas was present to represent the Applicant for this item. Mr. Plunk reviewed his request for rezoning to "SF -20A" and explained that this request was unique in that the property is surrounded by four thoroughfares, it is not bounded by any existing developments, there is little improved property on the perimeter, it is basically the same neighborhood as Timarron and has 12,500 sq. ft. lots, they are proposing an integrated community, self enclosed but not gated with a mandatory homeowners association, private screening & fencing will be provided and maintained by the association, a private community center with a pool and water feature and other recreational facilities will be provided., and a public park is proposed along E. Continental Blvd. which will be open to the public and dedicated to the City. The private community center and the public park combined meet the 10% requirement for a P.U.D. Mr. Plunk stated that the developers feel that all requirements associated with "R- P.U.D." zoning have been adhered to. Mr. Plunk presented an overview showing the alignment of S. Carroll Ave. to the North of the subject property extending down Carlisle Lane to the East and discussed who the current surrounding owners were. He stated that efforts were made to ease the burden on the three homeowners to the East but two were not interested in selling and one wanted an exorbitant price for his property. Since they needed all three properties for development and could not acquire them, they based their proposal on the property they were able to acquire. Mr. Plunk also stated that a drainage study was done at the request of Staff and there was no flood plain on the property. He said that engineering plans submitted to the City would address drainage, and that detention ponds would not be on the public park. If the engineering plans determined that a detention pond was necessary it would be in the community center area. Commissioner McGarity commented that normally a more detailed plan is submitted for rezonings. This plan is sketchy, it has no dimensions on lots and there is a long list of comments from staff. He suggested that the Applicant address the comments and come back before the Commission with a plan that gave a better picture of what is proposed. Public Hearing. G: \W PFIMTG\MIN\8 -4 -94. W PD Planning and Zoning Meeting August 4, 1994 Page 15 Bubba Ragan, 1512 Rainbow St. is not here to say they are opposed to the subdivision. What they are most opposed to is the road alignment through their property. The developer has not stopped to considered that they are operating an ongoing business. Whether they are here 6 months from now or 10 years from now the road alignment issue affects them now and the business that they are involved in now. The developer has stated that they are developing the subdivision in two phases. Perhaps they could align the road between their Phase I and Phase II developments. The road won't interfere with them as much as it will the Ragan's business. The proposed extension will knock out nineteen green houses, 75% of the parking lot for the business, the reservoir for their water, and it will come close to hitting their main well which supplies the 20 acres they run their business on. If the developer would negotiate on the road and how it affects him and the other three neighboring residents and everyone may be less opposed. The developer did not sit down with the homeowners and address their concerns. Mr. Ragan asked the Commission to give just as much consideration to the homeowners and how the road affects them as the Commission gives to the developer. Janice Minor, 860 Carlisle Lane, has lived adjacent to the subject property for 16 years and has enjoyed the pretty view and openness. She is opposed to large homes being built behind her house and does not want to be boxed in. She said that Mr. Dickerson asked if she would consider selling her property and she never said that she would not, it was left open and Mr. Dickerson has not contacted her again. Mr. Dickerson also failed to inform her that the road would be cutting through her front yard. So, in addition to the homes going up, the proposal to extend Carroll Ave. down Carlisle in front of her home would take away half of her front yard, not to mention Carroll being a very busy street practically at her doorstep. She does not think it is fare that a developer can come before the Commission and be granted anything he wants at the expense of three or four homeowners who have lived in Southlake for years. Juanita Peters, 840 Carlisle Lane, stated that when Mr. Dickerson approached her she specifically asked him how this would affect her. She asked if Carlisle Lane would be widened and Mr. Dickerson said no. Ms. Peters said that she doesn't see how the City could take half of her front yard when she has lived here for so many years simply because the developer does not want a road to divide his property. Norman Brown, 2917 Odel Ct., Grapevine, Texas owns the nine acres on East side of Carlisle Lane. He stated that the alignment of S. Carroll Ave. on Carlisle Lane would help his situation. He is in favor of the street alignment and asked how Carlisle Lane would be rebuilt. Mr. Last stated there would be an upgrade and that it would be decided by City Council and would be per a developers agreement. Harvey Miller, 918 Carlisle Lane, has owned his property for a number of years. He has considered building a home on the property but with the proposed 150 homes behind him and a public park he will probably change his mind. He complimented the Commission on the zonings in Southlake and G: \W PF\MTG\MIN\8 -4 -94. W PD Planning and Zoning Meeting August 4, 1994 Page 16 the work they have done. He feels it is important to get a new street but he also feels more detail needs to go into this request. Earl Minor, 860 Carlisle Lane, feels like he has been called a liar by the developer. He stated that it is not true that the three homeowners said they did not want to sell and it is not right for the developer to stand there and tell the Commission things that are not true. If they do this now, how can we depend on them to do the things they say they will do in the future. He does not want a four lane road cutting through his front yard. He is interested in his property and doesn't appreciate people coming here from Dallas without giving the surrounding homeowners any consideration. Mr. Minor stated that the developers are only interested in making a dollar but a person doesn't have to lie and cheat to make a dollar. This is wrong and he is against the request. Sylvia Norris, is opposed for the same reasons as the other homeowners. The road will take one side of her property and she would appreciate the Commission's consideration in listening to the homeowners concerns. "Tex" Marvin R. Kercho, 3825 Lake Austin Blvd., Suite 504, Austin, Texas has owned the subject property for 37 years - since 1937. He feels like a member of community and he has tried to do everything possible to cooperate with his neighbors and the City of Southlake. He understands the neighbors concerns, but at the same time he bought the property 37 years ago as an investment for the future. It took many years of sacrifice to buy this land and it is a sad situation when it impacts these people. Mr. Kochweop does not want the road either and he said it is not his fault. He wants to sell his property and the City is the one wanting another road. He thinks the City should do whatever possible to align the road where it won't impact homeowners. Mr. Kochweop also clarified that he had investigated and made numerous inquires about the organization who will develop the property. They have been in business for 37 years and have developed in Southlake and other parts of the metroplex. He assured the neighbors that his intent was never to ramrod or take advantage of these property owners and he would not associate with anyone who would do that. What is in question here is not the quality of the proposed subdivision, but where to align the road and the road should not interfere with approval of the subdivision. This is his bread and butter and he asked that the Commission approve the request. John Dickerson, Hank Dickerson and Co., 8333 Douglas, Dallas, Texas, stated that his company has developed property in Southlake and other cities and he has never intentionally mislead or misrepresented anyone. He said that the goal here is to develop 78 acres as a planned community development. He said he too would rather that the road be aligned more to the South so as not to affect the homeowners. Mr. Plunk stated that there is no intention to overrun anyone. Their desire to sell or not to sell is not pertinent. The City has requirements for an "R- P.U.D." and the 78 acres is sufficient to fulfill the G: \ W P F\M T G\MIN\8 -4 -94. W PD Planning and Zoning Meeting August 4, 1994 Page 17 requirement. The thoroughfare plan was already there, several locations for the road were proposed, the developers chose the one that affected the least amount of properties, and in their opinion, was the best location from a planning standpoint. He also commented to the Commission that items #10 and #13 were the only issues not addressed on the Plan Review Summary and that these could be added. All of the other issues have been addressed. He stated that he has been in business for forty years and he has not lasted this long by telling lies and untruths. He is partners with Mr. Dickerson and is glad for the opportunity to develop in Southlake. He is not here to change Southlake but to follow Southlake's plans for growth. This proposal does follow the minimums for an "R- P.U.D." and he asked the Commission to approve the request allowing the addition of items #10 and #13. Commissioner McGarity commented that he would like to see the plan redrawn showing the bufferyard on E. Continental Blvd. He asked the developer to look at the alignment of S. Carroll Ave. that fit road option alignment D (splitting the proposed subdivision). He said that even though the homeowners don't want the road, the City says the road must happen. Alignment D allows this. He would also like to see a table showing how many lots are close to minimum lot size and how many are larger, and where the existing trees are and how the trees fit with the street alignment. These are the type of detail that the Commission looks at on a Concept Plan when approving a P.U.D. Commissioner Johnson commented that the development was very dense, there are no aspects of creativity and no redeeming virtues to the proposal. He also stated that the major land holder should step up to the issue of the alignment of the road rather than a person owning a 20,000 sq. ft. lot. Mr. Plunk said that he was not aware of the detail required on the Concept Plan and he thought he had provided everything called for. He asked the Commission to table this request to the September 8, 1994 Planning and Zoning Meeting so that the issues discussed here tonight could be addressed. Motion was made at Applicant's request to table ZA 94 -85 Rezoning and Development Plan Request to the September 8, 1994 Planning and Zoning Meeting and continue the Public Hearing. Motion: Johnson Second: Arnold Ayes: McGarity, Arnold, Murphy, Johnson, Tate and Hobbs Nays: none Abstain: Wright Approved: 6 -0 -1 G: \W PF\MTG\MIN\8 -4 -94. WPD ` a Planning and Zoning Meeting August 4, 1994 Page 18 Agenda Item #13, Amendment to Ordinance No. 480 Planner, Tom Elgin informed the Commission that the Applicant's request is for an Amendment to Ordinance No. 480, Section 22, "C -3" General Commercial District, to permit dry cleaning /laundry facilities with maximum floor areas of 4,000 sq. ft. Commissioner McGarity and Commissioner Johnson felt that the square footage should be limited to 3500 sq. ft. due to the incremental differences between "C -1" and "C -2" (i.e. "C -1" allows 2500 sq. ft. and "C -2" allows 3000 sq. ft.). Motion was made to Approve Amendment to Ordinance No. 480. Motion: Arnold Second: Hobbs Ayes: Arnold, Murphy, Wright, Tate and Hobbs Nays: McGarity, Johnson Approved: 5 -2 The meeting was adjourned at 2:45 a.m. Jr Joe Fight, Chairma ATTEST: ( % B obb Y a Shire, Community Development Secretary G: \W PFIMTG\MIN\8 -4 -94. W PD