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1994-08-18 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING AUGUST 18, 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 August 4, 1994 P & Z Meeting. 3. Administrative Comments. 4. 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: South of East Southlake Blvd., approximately 900 feet East of South Kimball Ave., on the Northwest 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. Continue Public Hearing. 5. 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: South of East Southlake Blvd.. approximately 900 feet East of South Kimball Ave.. on the Northwest side of Crooked Lane. Current Zoning: "AG" Agricultural; Requested Zoning for the proposed Lot 1 is "SF -1" Single - Family Residential District for 3.122 acres, and the proposed Lot 2 is to remain "AG" Agricultural. Owner /Applicant; E.C.White. SPIN Neighborhood #7. Continue Public Hearing. 6. Consider: ZA 94 -86, Rezoning Request of an 11.76 acre tract of land situated in the Jesse G. Allen Survey, Abstract No. 18 (formerly Tiffany Acres). Location: West side of Davis Blvd. F.M. 1938, approximately 875 feet North of Union Church (W. Continental Blvd.). Current Zoning: "AG" Agricultural; Requested Zoning: "I -2" Heavy Industrial District. Owners /Applicants: V.J. Strand d/b /a V.J. Strand Excavating, Sally and Brad Scribner, Lee Roy Hess and Chris Cagle d/b /a Prestige Gunite, Inc., Robert Van Til, Individually and d/b /a Orlando Concrete, and Thomas Poteet. SPIN Neighborhood #15. Public Hearing. City of Southlake, Texas 7. Consider: ZA 94 -88, Rezoning and Development Plan for Coventry, being a 103.76 acre tract of land 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.. North of W. Southlake Blvd.. on the East side of N. Peytonville. approximately 1/2 mile South of W. Dove St. Current Zoning: "AG" Agricultural; Requested Zoning: "R- P.U.D." Residential Planned Unit Development. Owners: Helen Taylor and Harry J. Bradley. Applicant: PIMA Properties, Inc. SPIN Neighborhood #11. Public Hearing. 8. Consider: ZA 94 -89, 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 Lots 4 and 5 of Greenlee Business Park, Phase I, and Lot 6, Greenlee Business Park, Phase II, and approximately 1.72 acres out of the J.A. Freeman Survey, Abstract No. 529, being a portion of Tract 6. A variance to the Masonry Ordinance and bufferyard requirements will be discussed with this Specific Use Permit request. Location: West side of S. Kimball Ave. approximately 475 feet North of East Continental Ave. Current Zoning: "I -1" Light Industrial District. Owners: E.L.F.M. Inc., Chris Lamon and The Keller Bank. Applicants: Texas Baseball Center, David L. Thorne and Robert Walton, Agents. SPIN Neighborhood #7. Public Hearing. 9. Consider: ZA 94 -90, Plat Revision of Lots 4 and 5, Block 1, Greenlee Business Park, Phase I, and Lots 6 and 7, Block 1, Greenlee Business Park, Phase II, and 9.177 acres of land out of the John A. Freeman Survey, Abstract No. 529, and being revised to Lots 4R and 8, Greenlee Business Park, Phase I. Location: West side of S. Kimball Ave. approximately 475 feet North of East Continental Ave. Current Zoning: "I -1" Light Industrial District. Owners: E.L.F.M., Inc., Chris Lamon and The Keller Bank. Applicants: Texas Baseball Center, David L. Thorne and Robert Walton, Agents. SPIN Neighborhood #7. Public Hearing. 10. Consider: ZA 94 -91, Specific Use Permit for the sale of alcoholic beverages per Ordinance No. 480, Section 45.1 (1) and 45.6, on Lot 2, L.B.G. Hall No. 686 Addition. Location: 100 W. Southlake Blvd.. Suite 160. Crossroads Square. Current Zoning: "S -P -2" Site Plan District. Owner: PIMA Properties, Inc. Applicant: Nuri Kabu. SPIN Neighborhood #10. Public Hearing. 11. Consider: ZA 94 -92, Plat Revision of Lots 3 and 4, Block B, Lakewood Ridge Addition, being a 3.12 acre tract of land situated in the A. Robinson Survey, Abstract No. 1131, and being revised to Lots 3R and 4R, Block B, Lakewood Ridge Addition. Location: East side of N. White Chapel Blvd. approximately 1075 feet City of Southlake, Texas North of East Bob Jones Road. Current Zoning: "SF -IA" Single - Family Residential District. Owner /Applicant: Ronald James Cooper. SPIN Neighborhood #1. Public Hearing. 12. Consider: ZA 94 -93, Plat Revision of Lots 3, 4, 5, 10, 11, 12, Block 5, SouthRidge Lakes Phase VII, and incorporating 0.50 acres of land situated in the A.A. Freeman Survey, Abstract No. 522, being revised to Block 5, Lots 3R, 4R, 5R, 10R, 11R, and 12R, SouthRidge Lakes Phase VII. Location: South side of N. Peytonville Ave. approximately 400 feet West of Raven Bend Court. Current Zoning: "SF -20A" Single - Family Residential District. Owner /Applicant: Arvida/JMB Partners, L.P. -II. SPIN Neighborhood #13. Public Hearing. 13. Consider: Plat Showing of Lot 1 and Lot 2, J. Thornhill No. 1505 Addition, being a 1.0 acre tract of land situated in the J. Thornhill Survey, Abstract No. 1505. Location: Approximately 700 feet North of W. Continental Blvd. on the South side of Northridge Drive. East of Southlake Hills East Addition. Current Zoning: "AG" Agricultural. Requested Zoning: "SF -20A" Single - Family Residential District. Owner /Applicant: Southlake 11.4 Acre, Inc. SPIN Neighborhood #14. Public Hearing. 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, August 12, 1994 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. Sandra L. LeGrand =v' City Secretary 4 i atinuans 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 PF4MTG WGN\8- 18 -94. W PD CITY OF SOUTHLAKE PLANNING AND ZONING COMMISSION MEETING August 18, 1994 MINUTES Commission Present: Vice - Chairman Lanny Tate; Members: Nick McGarity, Randy Arnold, James Murphy, Ernest Johnson, and Arthur Hobbs. Commissioner Absent: Chairman, Joe Wright City Staff Present: Community Development Director, Greg Last; Planner, Tom Elgin; Zoning Administrator, Karen Gandy; City Engineer, Ron Harper and Community Development Secretary, Bobbye Shire. The meeting was called to order by Vice - Chairman Tate at 7:30 p.m. Agenda Item #2. Approval of Minutes Commissioner Johnson stated that the Minutes should reflect that Agenda Items #5, #9 and #10 were taken out of order. Commissioner McGarity pointed out typographical errors and asked that verification of the name of the Owner, "Tex" Marvin R. Kercho be verified on Agenda Item # 12, ZA 94 -85. Commissioner Hobbs stated that the two front buildings should be a minimum of 3000 sq. ft. and no maximum attached on Agenda Item #4, ZA 94 -55. Motion was made to approve the Minutes of the August 4, Planning and Zoning Commission meeting as amended. Motion: Hobbs Second: Johnson Ayes: McGarity, Arnold, Murphy, Johnson, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #3, Administrative Comments Commissioner McGarity commented that any Applicants submitting requests for property located on F.M. 1709 and S.H. 114 should be advised by Staff that until the Corridor Study is complete, their requests may not be approved or may be put on hold and it might be to their best interest to wait until after that time to make their submittal. G: \W PF\MTG\MIN\8- 18 -94. W PD Planning and Zoning Meeting August 18, 1994 Page 2 Agenda Item #4. ZA 94 -82. Rezoning Request Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for rezoning 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. The location is South of East Southlake Blvd., approximately 900 feet East of South Kimball Ave., on the Northwest side of Crooked Lane. The Current Zoning is "AG" Agricultural and the Requested Zoning is "SF -1" Single - Family Residential District. The Land Use Category is Low Density Residential. The Owner /Applicant is E.C. White. The property is located in SPIN Neighborhood #7. Twelve written notices were sent out and one written response was received from outside the 200' notification area in favor and one written response was received opposed. Sonny James, 305 S. Kimball Ave., was present to represent the Applicant, Mr. E.C. White. Mr. James informed the Commission that he owned the property behind Mr. White's property and that Mr. White understood all restrictions placed upon him by the City of Southlake. Public Hearing. Karen Robertson, Sr. Noise Compatibility Planner for DFW Airport, read a letter from R. Clay Paslay, Deputy Executive Director at DFW Airport, objecting to the rezoning request stating that "noise sensitive land uses, such as residences, within the 65 LDN are considered incompatible, and moreover, to have this land use near or adjacent to the 75 LDN contour is clearly incompatible." The letter further states that "at a minimum, two conditions must be met: 1) An avigation easement be dedicated to the DFW International Airport, and 2) The City of Southlake require, and assure compliance with, that all structures achieve a minimum Noise Level Reduction of 30 dB to provide a maximum interior noise level of 45 DNL in all habitable rooms." Ms. Robertson informed the Commission that if these minimums were accomplished, DFW would accept the request. Mary -Emma Karam, Jackson and Walker Law Firm, Representative for the Air Transport Association, advised the Commission that their major concern is that sufficient notification be provided to subsequent owners of properties located in the noise contour regarding the restrictions placed on the properties by the city and by Dallas Fort Worth Airport. She suggested that a zoning classification specifically designating properties located in the LDN contour would be a good means to bring attention to a potential buyer. She is concerned that a single paragraph describing the restrictions written within the zoning ordinance will be overlooked and she feels it is not adequate notification. Kelcie T. Nance, 1349 Crosstimbers Dr., stated that he flies at DFW. He informed the Commission that the runway near the subject property is primarily used for arrivals, but if in the future when the G: \W PF\MTG\MIN\8 - 18 -94. W PD Planning and Zoning Meeting August 18, 1994 Page 3 runway is used for departures the noise level will be much greater and perhaps the people wanting to build on this property are not aware of the difference in the noise levels that will occur . His concern is for future owners not having readily accessible notification of the restrictions placed on property in or near a noise contour. Community Development Director, Greg Last explained that restrictions are placed on the face of the Final Plat and he stated that this has been sufficient notice in the past. Linda James, 305 S. Kimball Ave., daughter of Applicant, E.C.White, told the Commission that her parents were wanting to build a home and retire on this property to be close to family. They are aware of the noise and it is not their wish or intention to keep future owners of the property from knowing of the restrictions. They ask approval of this request to build their home and retire. Public Hearing Closed. Commissioner Johnson asked City Staff if they believed that the request was in compliance with the airport agreements and Mr. Last said yes. Motion was made to approve ZA 94 -82 Rezoning Request. Motion: Arnold Second: Hobbs Ayes: McGarity, Arnold, Murphy, Johnson, Tate and Hobbs Nays: none Approved: 6 -0 Vice Chairman Tate asked Staff to meet with Wayne Olson, City Attorney and inform him of the concerns voiced on this issue and come back before the Commission and address these concerns. Agenda Item #5. ZA 94 -83. Preliminary Plat Zoning Administrator, Karen Gandy informed the Commission that the Applicant's request is for Preliminary Plat approval of Lots 1 and 2, E.C. White Addition, being 16.968 acres situated in the Thomas Easter Survey, Abstract No. 474, Tract 11E. The location is South of East Southlake Blvd., approximately 900 feet East of South Kimball Ave., on the Northwest side of Crooked Lane. The Current Zoning is "AG" Agricultural and the Requested Zoning for the proposed Lot 1 is "SF -1" Single - Family Residential District for 3.122 acres, and the proposed Lot 2 is to remain "AG" Agricultural. The Land Use Category is Low Density Residential (LDN 65). The Owner /Applicant is E.C.White. The property is located in SPIN Neighborhood #7. Twenty -Two written notices were sent out and two written responses were received within the 200' notification area in favor and one was undecided. One written response was received from outside the 200' notification area in favor. G: \WPF\MTG\MIN\8- 18 -94. WPD Planning and Zoning Meeting August 18, 1994 Page 4 Sonny James, 305 S. Kimball Ave., was present to represent the Applicant, Mr. E.C. White. Mr. Last explained that an additional 5' R.O.W. would be needed to accommodate the city's minimum 50' street requirement for Crooked Lane. Mr. James agreed to this. Public Hearing. No Discussion. Public Hearing Closed. Motion was made to approve ZA 94 -83 Preliminary Plat subject to the Plat Review Summary dated 7/29/94 adding item #8 providing 5' R.O.W. dedication (making a total of 25' of R.O.W. dedication from the apparent centerline of Crooked Lane). Motion: McGarity Second: Arnold Ayes: McGarity, Arnold, Murphy, Johnson, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #6. ZA 94 -86 Rezoning Request Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for rezoning of an 11.76 acre tract of land situated in the Jesse G. Allen Survey, Abstract No. 18 (formerly Tiffany Acres). The location is on the West side of Davis Blvd. F.M. 1938, approximately 875 feet North of Union Church (W. Continental Blvd.). The Current Zoning is "AG" Agricultural and the Requested Zoning is "I -2" Heavy Industrial District. The Land Use Category is Low Density Residential, Mixed Use, 100 Year Flood Plain. The Owners /Applicants are V.J. Strand d/b /a V.J. Strand Excavating, Sally and Brad Scribner, Lee Roy Hess and Chris Cagle d/b /a Prestige Gunite, Inc., Robert Van Til, Individually and d/b /a Orlando Concrete, and Thomas Poteet. SPIN Neighborhood #15. Thirteen written notices were sent out and one written response was received within the 200' notification area in favor and eight written responses were received opposed. Nineteen written responses were received from outside the 200' notification area opposed. Ms. Gandy commented that due to 20% of the surrounding property owners being opposed to this request, a super majority would be required at City Council. She also stated that this property was annexed into the City of Southlake in 1987 with Agricultural zoning and existing legal nonconforming uses, and that the plat for Tiffany Acres had been vacated and Michael Drive was a private street. G: \W PF\MTG\MIN\8- 18 -94. WPD Planning and Zoning Meeting August 18, 1994 Page 5 Sally Scribner, 2440 Michael Drive, was present to represent the various Applicants /Owners. Ms. Scribner explained to the Commission that the businesses are outgrowing their acreage and that everyone wants to sell their property but since they are grandfathered in they are hampered by the zoning restriction. When prospective buyers find out that the zoning is Agricultural and the businesses are operating under a legal nonconforming use they lose interest in the properties. These businesses were there before the city annexed them and "I -2" Heavy Industrial zoning is being requested so that they can prosper and grow as any normal business should have the opportunity to do. Lee Roy Hess, 671 E. Dove, is owner of Prestige Gunite. For ten years his company has supplied job positions for 50 families in Southlake. He wants to continue to be able to do this and "I -2" zoning will help insure stability of work for these families. Bob Calhoun, 755 Davis, has lived on his property for 32 years and he sees the main problem as the dust from the limestone road. This problem could be corrected if the city would work with the businesses and pave the road. June Haney, 400 Brock, stated that these businesses have an adverse effect on their neighbors in that there are diesel fumes from the trucks, the trucks have increased in size, there is excessive noise, hours of operation have not improved and extend late at night and on Saturday and Sunday, lighted signs are a nuisance, property values are decreasing, and the entrance into Tiffany Acres from Davis Blvd. is narrow and dangerous. Tim Farmer, 680 Davis Blvd., agreed with everything June Haney commented on. He also added that even though the businesses have not expanded in property size, they have added more trucks thus causing an increase to all of the problems that were there to begin with. Jack Wiesman, 2607 W. Southlake Blvd., owns the property to the Northwest of the subject property and at present there are no structures on it. However, at some point in time the property would sustain 50 homes and if "I -2" zoning is granted the dust and noise would devalue and hamper any planning of this type of use for the property. Public Hearing Closed. Commissioner McGarity asked if the city could impose improvement requirements such as signage control, masonry requirements, bufferyards and road improvements. Mr. Last explained that the city could not impose conditions to a zoning change and that contractual zoning is illegal. G: \WPF\MTG\MIN\8- 18 -94. WPD Planning and Zoning Meeting August 18, 1994 Page 6 Commissioners Johnson and Murphy both commented that "I -2" zoning was not consistent with the Land Use Plan for this area. Motion was made to recommend Denial of ZA 94 -86 Rezoning Request. Motion: McGarity Second: Johnson Ayes: McGarity, Arnold, Murphy, Johnson, and Hobbs Nays: Tate Approved: 5 -1 to Deny Vice - Chairman Tate called a recess of the meeting at 9:00 p.m. The meeting reconvened at 9:12 p.m. Agenda Item #7. ZA 94 -88 Rezoning and Development Plan, Coventry Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for Rezoning and Development Plan for Coventry, being a 103.76 acre tract of land 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., North of W. Southlake Blvd., on the East side of N. Peytonville, approximately 1/2 mile South of W. Dove St. The Current Zoning is "AG" Agricultural and the Requested Zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Plan is Low Density Residential. The Owners are Helen Taylor and Harry J. Bradley and the Applicant is PIMA Properties, Inc. The property is located in SPIN Neighborhood #11. Thirty - five written notices were sent out and one written response was received within the 200' notification area in favor and eight written responses were received opposed. Ten written responses were received from outside the 200' notification area opposed; one in favor, eight opposed, and one response requested additional information. Ms. Gandy further explained that this item was a continuation of case number ZA 94 -54, formerly called Oak Ridge, which went before City Council and was returned to Planning and Zoning for further consideration. The Applicant submitted a new request called "Coventry" and Staff chose to assign a new case number and renotify the public. David McMahan, representative for PIMA, Properties, Inc., was present to represent this item Mr. McMahan furnished copies of the Development Plan to the audience and he passed out comparisons of various "R- P.U.D.'s" within the City of Southlake to the Commissioners and Staff. Mr. McMahan informed the Commission that changes to the new submittal consist of a reduction of 34 lots for a development proposal of 127 lots, 2,700 sq. ft. homes, 1.23 du /ac., and average lot size of 24,500 sq. ft. Streets have been moved to save trees and 13 1/4 acres net open space has been provided - 10 1/2 acres along N. Peytonville and the balance along Shady Oaks. This was done so G: \W PFIMTG\MIN\8- 18 -94. W PD Planning and Zoning Meeting August 18, 1994 Page 7 that the net result would cause as little visual impact with the development as possible from these streets. Improvements provided to enhance the appearance from N. Peytonville are 100 ' rear yards in addition to a earth berm along N. Peytonville at a height to protect and screen anyone from seeing into the back of a home off of N. Peytonville. There will be a series of lakes with waterfalls and a well to supply irrigation water for the park and there will be a jogging path around the park. Meetings with surrounding homeowners brought up concerns that Deed Restrictions would not be adhered to so "R- P.U.D." zoning was decided upon whereby requirements will be written into the P.U.D. ordinance itself and thus allow the City to control various restrictions. This proposed development has larger lots than any other "R- P.U.D." in Southlake other than Monticello. The Thoroughfare Plan for this area was done at a time when Medium Density Residential was allowed for this property so the planned streets will more than accommodate the development. Drainage concerns are being addressed in that on the western side of the development the lake will be used as a method in which enough water will be kept on site so that no more water runs off to the west after development than runs off today in its more natural state, and the Applicant is working with the city on drainage to the East so that there is no adverse effect to those property owners. The developer is working in conjunction with the City of Southlake on obtaining an interlocal agreement to bring sewer to this area. The sewer will go to the West to the Higgins Creek Drainage Basin and through Solana to lift stations served by Trophy Club MUD. If the agreement is not reached and sewer cannot be brought to the development, the development will not be built - the sewer must be there. The developer is providing in excess of $400,000 for offsite sewer to run a line and make sewer available to anyone within the Higgins Creek Drainage Basin. Sidewalks connecting the development to school sidewalks will be provided and the developer will also participate in building an overhead walk for the safety of the children if it were requested by the school district. Concerns for trees will be addressed in the Deed Restrictions requiring that homeowners replace any tree which is removed and plant trees if there are none. Real Estate persons have indicated that property values for properties in this area will increase with this development. Mr. McMahan commented that the Land Use Plan is simply a plan and the plan of Southlake is to do what is right for the City and right for the citizens. Until June of 1993 the Land Use Category for this property was Medium Density Residential and the lower part below Highland St. is still Medium Density Residential. In closing Mr. McMahan respectfully asked that this zoning request be passed. He stated that this development is a nice subdivision which all citizens of Southlake will benefit from. Public Hearing. Richard Crowe, 1502 Plantation, passed out an outline of issues and concerns to present to the Commission. He discussed in depth the zoning as it pertains to the Land Use Plan, density, acreage, surrounding properties, and the tax base. He discussed sewer issues and gave his opinion of PUD's. He asked the Commission to support the citizens' request for denial of the requested zoning change. G: \W PRMTG\MIN\8- 18 -94. W PD Planning and Zoning Meeting August 18, 1994 Page 8 Beverly Bradley, 1645 N. Peytonville Ave., informed the Commission that she is the owner of the subject property and that she too has watched the City change and grow in the last 38 years. She cares about how her land will be developed and she feels that PIMA Properties has a very good proposal and that it will benefit the City of Southlake. Fernando Casas, 1201 Plantation Dr, agreed with all of the points already brought forth and stated that he is concerned that there is no traffic study and no drainage plan for Coventry. Louisa Gervitz, 692 Garden Ct., objects to the small lots and stated that PIMA Properties did not take the suggestions of the Planning and Zoning Commission or City Council in their new proposal. Don Lovelace, 415 Highland Oaks Circle, owns a six acre tract in the 1900 block of N. Peytonville Ave. and his plans are to build a 6000 sq. ft. home. He is very concerned with the drainage to the North of this development and how this request will impact his property to the North. Linda Forbes, 1350 Post Oak Trail, stated that a group of fourteen area homeowners met with Mr. McMahan and the consensus of the majority was to oppose the request since one acre lots could not be accommodated by Mr. McMahan. Michael Bustamonte, 1501 Plantation agrees with the issues that have been presented in this meeting and, in addition, he is in favor of one acre lots. Donnie Darr, 1241 Post Oak Trail, feels that this proposal does not offer a lot of change from the previous proposal. He has concerns as to how the lakes are to be filled and he is concerned that the property to the North and to the South will become "R- P.U.D.'s" if this request is allowed. Mr. McMahan addressed the citizens concerns by stating that drainage would not flow onto Mr. Lovelace's property; the pond would be spring fed and a well would be drilled to whatever depth needed to get water, and he stated that the development would live up to everything that was promised and he feels that he has compromised a great deal to accommodate the surrounding property owners. Paul Fahrenbrook, 1865 N. Peytonville Ave., commented that there were approximately eighty -five people here opposed to the request and possibly three or four in favor of the request. Mrs. Bradley commented that Mrs. Hill, the owner of the property to the North is not opposed and Mr. Clow and Mr. Bailey to the South have no objection to this development and these two properties make up the largest percentage of bordering property to the proposed development. Jane Grant, 601 W. Highland is opposed for all of the reasons already discussed. G: \W PF\MTG\MIN\8- 18- 94.WPD Planning and Zoning Meeting August 18, 1994 Page 9 Public Hearing Closed. Ron Harper, City Engineer clarified sewer issues with the Commission and Community Development Director, Greg Last explained the traffic impact of the development and stated that the Thoroughfare Plan adequately provided for this type of density development. Commissioner Arnold asked the Applicant if he was in agreement with the Plan Review Summary dated August 12, 1994. Mr. McMahan replied that item #4 requirement was a street stub through the J.L. Clow property and Mr. Clow had written a letter stating he did not want this. Item #5 is a requirement of the East -West street alignment with Post Oak Trail. Mr. McMahan explained that the reason they located the street to the South was to keep traffic from flowing into Post Oak Trail and to allow for a contiguous ten -acre park. Commissioner Murphy commented that this was a nice plan and the Applicant has complied to the suggestions of the Planning and Zoning Commission and City Council but he is not in favor of the request due to the lot sizes not being one acre. Commissioner Arnold stated she is in favor of the request and feels it is for the good of the city. Commissioner McGarity stated that he is in favor of the request and that this development is a top quality "R- P.U.D." Commissioner Johnson stated that the zoning should be in conformance to the Land Use Plan and this request was not. He voiced concerns that comments from the audience were out of order and objectional, and he stated that this plan had some provocative aspects which would be good for the city and he believes that the developer is reputable, both personally and in terms of delivering on what he said he would do. Motion was made to approve ZA 94 -88 Rezoning and Development Plan subject to the Plan Review Summary dated August 12, 1994 deleting item #5 requirement of the East -West street alignment with Post Oak Trail and recommending item #14.c. option requirement of 60' R.O.W. (2 lanes) on the road connecting Shady Oaks Drive to North Peytonville Ave. Motion: McGarity Second: Arnold Ayes: McGarity, Arnold, Tate Nays: Johnson, Murphy Abstain: Hobbs Approved: 3 -2 -1 G:\ W PF\MTG\M I N\8- 18 -94. W PD Planning and Zoning Meeting August 18, 1994 Page 10 Vice - Chairman Tate called a recess of the meeting at 11:27 p.m. and the meeting reconvened at 11:39 p.m. Agenda Item #8, ZA 94 -89 Specific Use Permit Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for 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 Lots 4 and 5 of Greenlee Business Park, Phase I, and Lot 6, Greenlee Business Park, Phase II, and approximately 1.72 acres out of the J.A. Freeman Survey, Abstract No. 529, being a portion of Tract 6. She stated that a variance to the Masonry Ordinance and bufferyard requirements will be discussed with this Specific Use Permit request. The location is on the West side of S. Kimball Ave. approximately 475 feet North of East Continental Ave. The Current Zoning is "I -1" Light Industrial District. The Land Use Category is Industrial. The Owners are E.L.F.M. Inc., Chris Lamon and The Keller Bank and the Applicants are Texas Baseball Center, David L. Thorne and Robert Walton, Agents. The property is located in SPIN Neighborhood #7. Nine written notices were sent out and four written responses were received within the 200' notification area in favor. One written response was received from outside the 200' notification area with three signatures opposed and three petitions were received - petition #1 with eight signatures opposed, petition #2 with eighteen signatures opposed, and petition #3 with eight signatures opposed. Ms. Gandy explained that this item was a continuation of case number ZA 94 -89 which went before City Council and was returned to Planning and Zoning for further consideration. The Applicant submitted a new request with significant changes and Staff chose to assign a new case number and renotify the public. Ms. Gandy explained that the Applicant had acquired property to the South of the original site and the new submittal reflected this shift to the South, significantly reducing its adjacency to Residential zoning. Kirk Williams, 5400 Renaissance Tower, Dallas, was present to represent this item. Mr. Williams stated that Ms. Beverly Thorne, Robert Walton and Pete Henderson were here to address issues and answer questions from the Commission in addition to his representation. Mr. Williams informed the Commission that the new proposal incorporates the acquisition of a four acre tract of land on the Southern border and this acquisition allowed major changes to be made. He presented a color visual showing that the playing fields had been reorientated and the location of the indoor facility was move. He stated that the abundance of trees shown on the visual was representative of an aerial photo. Mr. Williams also said that with the acquisition of the four acres to the South they were able to take the initial 14 acre site and reduce it to 12 acres. He demonstrated how the site had shifted and informed the Commission that there now was no contiguous property line adjacent to the Farrar property or the Southlake Joint Venture property line except at the point on the Northwest corner. He stated that he had talked to Mrs. Lemons, owner of the property G: \W PF\MTG\MIN\8- 18 -94. W PD Planning and Zoning Meeting August 18, 1994 Page 11 adjacent to the Northeast and she indicated she did not want to get involved. Mr. Williams discussed the industrial properties to the West below Mrs. Lemons property and the Industrial to the South and North. He stated that compared to other types of industrial uses that were allowed under the zoning ordinance, this use was a less obtrusive use than many. He explained that the indoor facility would consist of six batting cages extending not quite the length of the building, four stations for pitching, a pro shop and offices. The facility has been moved to back of the property and turned so that it shields the fields from North & West properties. The fields face S. Kimball and the closest light to the West is 300' which is the length of a football field. The Applicant is not asking for any variances to the lights. The ordinance does not allow spillover light onto other property and this will not be allowed to happen. He presented a study showing the locations of the lights on the fields and the location of the poles. He stated that there are no bleachers next to the outdoor fields and thus there will be no bands or large assembled crowds making loud noise. This is a facility geared toward the training of students and coaches and persons wishing to bridge the gap between recreational baseball and a more intense desire to refine their baseball skills. The issue of parking proposes 67 spaces now, and with the construction of field number two 20 more will be added, and another 20 spaces will be added with the construction of field number three for a maximum of 100 spaces. Mr. Williams also noted that the Southlake Master Park Plan suggests that a 40 acre park be located in Area # 10 with soccer fields, playgrounds and 200 parking spaces. Mr. Williams pointed out that the Applicant is proposing a facility one quarter that size with half as many parking spaces. The masonry variance is requested due to the indoor facility being moved and it no longer being a focal point adjacent to S. Kimball Ave. The Applicant requests instead that masonry and/or glass product be placed along the North side of the building (their entrance) facing the parking lot as the cars drive into the facility, rather than on the East side of the building which is approximately 490' from S. Kimball Ave. In regards to the bufferyards the Applicant also requests that the landscape material required on the South border be placed along the S. Kimball Ave. frontage and that the North landscape material be used in the Northwest corner. Hours of operation were addressed in the packet information provided to the Commission. Mr. Williams concluded by saying that all of the issues brought up by the opposition have been addressed and he asked that the Commission approve this request. Robert Walton, Managing Partner explained to the Commission that there will be six machine pitched batting cages with one person to each cage with approximately three people per cage. There will be four instructional cages with one -on -one instruction with one -half to one hour instruction. Beverly Thorne, 7503 Tillman Hill Road, Colleyville explained that the building is 20,000 sq. ft. and 16,000 sq. ft. will be use for the six batting cages and four instructional cages. She stated that 4,000 sq. ft. will be used for the pro shop and offices with an upstairs glass viewing area for parents to view their children in the batting cages. The cages are 25' wide by 100' long (almost the width of the building) and are designed for safety purposes. She stated that a septic tank would be in place for restrooms both in the indoor facility and outside and all code requirements would be met. G: \WPF\MTG\MIN\8- 18 -94. WPD Planning and Zoning Meeting August 18, 1994 Page 12 Public Hearing. Billie Farrar, 600 W. Park Row, is concerned about her residential zoned property located to the Northwest of the proposed site and the impact that this request will have on that land. She passed out a letter to the Commission from a builder who has signed a contract to buy her land with written opposition to this proposal. Ms. Farrar and the builder are opposed to the lighting and noise that will flow over into a residential area thus causing residential development to be extremely hampered . John Campbell, 218 Westwood Dr., commented that the noise and lights would negate the quality of the Woodland Heights subdivision. George Barclay, 205 Westwood Dr., stated that a facility of this type would jeopardize the 160 acres to the Northwest zoned as Single - Family Residential. Don Lovelace, 415 Highland Oaks, stated that the city needs a facility of this type and it would enhance the area. He also commented that he believed that the value of adjacent residential property went down when traditional industrial uses were developed next door. David Yelton, 1346 Lakeview, Board of Southlake Baseball Association, stated that many Southlake residents have expressed interest and support in a facility of this type and he commented that this facility will benefit the children of Southlake and asked the Commission to support the project for these reasons. Sue Hood, 1820 Rainbow St., is concerned that her one acre of land will not sell if Ms. Farrar's property does not sell. Billie Farrar reiterated by saying that developers will not build next to a ballpark because it is not compatible with single - family. She stated that she is not against facilities benefiting children but a facility of this type should be at another location. Susan Hill, 1300 S. Vahn Road, real estate agent for Van Zandt Realtors stated that in her experience no buyer wants to buy a residential home next to industrial but they will buy next to a park. She commented that the three people who have contracts on the subject property will be just as affected if their contracts fall through as Ms. Farrar, and they signed their contracts before any of these issues were raised. Theran Ragan, 1512 Rainbow, feels this is not the right location for the ballpark. He is opposed to the noise and lights it will bring and he is concerned that his property won't sell. G: \W PF\MTG\MIN\8- 18 -94. W PD Planning and Zoning Meeting August 18, 1994 Page 13 Dorothy Ragan, 1512 Rainbow, commented that lights should be put in the parking lot of the proposed facility because no mother will want to walk in an unlighted parking lot with or without her children. Public Hearing Closed. Commissioner Johnson commented that if this request was approved there would be numerous restrictions. Commissioner Murphy stated that this is a much better proposal that the one previously submitted and the location and the use for the property is appropriate. Commissioner Hobbs commented that the condition of the roads, ease of finding the facility and bufferyard /fence issues were still not addressed to his satisfaction and he could not support the request. Commissioner McGarity stated that he is in favor of the new request with the shift of location and all of the other changes. He commented that this use will more likely be accepted by nearby residents than many other industrial uses. Vice - Chairman Tate commented that he could not give a strong argument for or against the proposal so he would vote against the request as he did when it came before the Commission previously. Commissioner Arnold stated that this would be good for the City of Southlake and she is in favor of the request. Motion was made to approve ZA 94 -89 Specific Use Permit subject to the Plan Review Summary dated August 12, 1994 and with the following stipulations; the parking quantity to be determined by Staff according to what they learn about the use; the lights be aimed as per the Lighting Plan; there be no P.A. system; "I -1" noise regulations be abided; no stands; no sale or use of alcohol; the age limit be nineteen or younger; hours of operation are such that no full inning may begin past 10:00 p.m.; no camping; forgive masonry requirement frontage on Kimball Ave.; and it is P &Z's recommendation not to waive bufferyard requirements. Motion: Johnson Second: McGarity Ayes: McGarity, Arnold, Murphy, Johnson Nays: Hobbs, Tate Approved: 4 -2 G: \WPF\MTG\MIN\8- 18- 94.WPD Planning and Zoning Meeting August 18, 1994 Page 14 Agenda Item #9, ZA 94 -90 Plat Revision Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for the Plat Revision of Lots 4 and 5, Block 1, Greenlee Business Park, Phase I, and Lots 6 and 7, Block 1, Greenlee Business Park, Phase II, and 9.177 acres of land out of the John A. Freeman Survey, Abstract No. 529, and being revised to Lots 4R and 8, Greenlee Business Park, Phase I. The location is on the West side of S. Kimball Ave. approximately 475 feet North of East Continental Ave. The Current Zoning is "I -1" Light Industrial District. The Land Use Category is Industrial. The Owners are E.L.F.M., Inc., Chris Lamon and The Keller Bank and the Applicants are Texas Baseball Center, David L. Thorne and Robert Walton, Agents. The property is located in SPIN Neighborhood #7. Four written notices were sent out and one written response was received within the 200' notification area in favor. One written response was received from outside the 200' notification area with three signatures opposed. Kirk Williams, 5400 Renaissance Tower, Dallas, was present to represent this item. Mr. Williams stated that he was in agreement with the Plat Review Summary dated August 12, 1994. Public Hearing. No Discussion. Public Hearing Closed. Motion was made to approve ZA 94 -90 Plat Revision subject to the Plat Review Summary dated August 12, 1994. Motion: McGarity Second: Murphy Ayes: McGarity, Arnold, Murphy, Johnson, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #10, ZA 94 -91 Specific Use Permit Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for a Specific Use Peiiint for the sale of alcoholic beverages per Ordinance No. 480, Section 45.1 (1) and 45.6, on Lot 2, L.B.G. Hall No. 686 Addition. The location is 100 W. Southlake Blvd., Suite 160, Crossroads Square. The Current Zoning is "S -P -2" Site Plan District. The Land Use Category is Mixed Use. The Owner is PIMA Properties, Inc. and the Applicant is Nuri Kabu. The property is located in SPIN Neighborhood #10. Nine written notices were sent out and one written response was G: \WPF MTG\MIN\8- 18- 94 .WPD Planning and Zoning Meeting August 18, 1994 Page 15 received within the 200' notification area opposed. One written response was received from outside the 200' notification area in favor. David McMahan, 1335 Hidden Glen, Principal for PIMA Properties, Inc. was present to represent this item. Public Hearing. No Discussion. Public Hearing Closed. Motion was made to approve ZA 94 -91 Specific Use Permit. Motion: Arnold Second: Johnson Ayes: McGarity, Arnold, Murphy, Johnson, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #11, ZA 94 -92 Plat Revision Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for the Plat Revision of Lots 3 and 4, Block B, Lakewood Ridge Addition, being a 3.12 acre tract of land situated in the A. Robinson Survey, Abstract No. 1131, and being revised to Lots 3R and 4R, Block B, Lakewood Ridge Addition. The location is on the East side of N. White Chapel Blvd. approximately 1075 feet North of East Bob Jones Road. The Current Zoning is "SF -1A" Single - Family Residential District. The Land Use Category is Low Density Residential. The Owner /Applicant is Ronald James Cooper. The property is located in SPIN Neighborhood #1. Nine written notices were sent out and one written response was received within the 200' notification area in favor. Ronald James Cooper was present to represent this item. The Commission discussed the unusual shape of lots drawn on the plat and their irregular lot lines and the reasons the engineer platted the lots in this manner. The Applicant decided to withdraw his request and he will work with his engineer and Staff to come up with a more agreeable plat to bring before the Commission at a later date. Applicant withdrew request. G: \WPF\MTG\MIN\8- 18 -94. WPD Planning and Zoning Meeting August 18, 1994 Page 16 Agenda Item #12, ZA 94 -93 Plat Revision Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for the Plat Revision of Lots 3, 4, 5, 10, 11, 12, Block 5, SouthRidge Lakes Phase VII, and incorporating 0.50 acres of land situated in the A.A. Freeman Survey, Abstract No. 522, being revised to Block 5, Lots 3R, 4R, 5R, 10R, 11R, and 12R, SouthRidge Lakes Phase VII. The location is on the South side of N. Peytonville Ave. approximately 400 feet West of Raven Bend Court. The Current Zoning is "SF -20A" Single - Family Residential District. The Land Use Category is Medium Density Residential District. The Owner /Applicant is Arvida/JMB Partners, L.P. -II. The property is located in SPIN Neighborhood #13. No written notices were sent out. John Levitt, 726 Commerce St., Suite #104 was present to represent this item. Mr. Levitt stated that he was in agreement with the Plat Review Summary dated August 12, 1994. Public Hearing. No Discussion. Public Hearing Closed. Motion was made to approve ZA 94 -93 Plat Revision subject to the Plat Review Summary dated August 12, 1994. Motion: Arnold Second: Murphy Ayes: McGarity, Arnold, Murphy, Johnson, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #13, ZA 94 -94 Plat Showing Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for the Plat Showing of Lot 1 and Lot 2, J. Thornhill No. 1505 Addition, being a 1.0 acre tract of land situated in the J. Thornhill Survey, Abstract No. 1505. The location is approximately 700 feet North of W. Continental Blvd. on the South side of Northridge Drive, East of Southlake Hills East Addition. 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 G: \W PFIMTG\MIN\8- 18 -94. W PD Planning and Zoning Meeting August 18, 1994 Page 17 Owner /Applicant is Southlake 11.4 Acre, Inc. The property is located in SPIN Neighborhood #14. Five written notices were sent out and no written responses were received within the 200' notification area. John Levitt, 726 Commerce St., Suite 104 was present to represent this item. Mr. Levitt stated he was in agreement with the Plat Review Summary dated August 12 with the exception of item #1 regarding the name of the Plat Showing and item #7 regarding the drainage easement. Mr. Last stated that the name of the Plat Showing could not be changed and it was agreed to modify item #7 so that the easement may offset into one lot 5'. Public Hearing. Kristin Moore, 1206 W. Continental, is not opposed to the request but she is concerned that the private road is to remain private, and that construction traffic is using the road as a public road. Mr. Last explained that there had been conversations with the developer to insure that he is aware that the road is a private road and the police have been called. If they continue to use the private road they may be cited for trespassing. Public Hearing Closed. Motion was made to approve ZA 94 -94 Plat Showing subject to the Plat Review Summary dated August 12, 1994 modifying item #7 so that the easement may offset 5' into one lot. Motion: Hobbs Second: Johnson Ayes: McGarity, Arnold, Murphy, Johnson, Tate and Hobbs Nays: none Approved: 6 -0 G: \WPF\MTG\MIN\8- 18 -94. WPD • Planning and Zoning Meeting August 18, 1994 Page 18 The meeting was adjourned at 2:21 a.m. Lanny Tate, lice- Chairman ATTEST: o • Bobbye Shire, Community Development Secretary c:\wpnivrromilm8-18-94.WPD