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1994-12-08 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING DECEMBER 8. 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 November 3, 1994 P & Z Meeting. 3. Administrative Comments. 4. 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. Continue Public Hearing. 5. Consider: ZA 94 -139, Specific Use Permit to allow a church child day care center per Ordinance No. 480, Section 45.1 No. 2.c. on property legally described as Lot 3R, J.G. Allen No 18 Addition. Location: 2501 W. Southlake Blvd., being approximately 210 feet West of Brock Drive. Current Zoning: "AG Agricultural; Requested Zoning: "CS" Community Service District. Owner /Applicant: Southlake Church of Christ. SPIN Neighborhood #15. Continue Public Hearing. 6. Consider: ZA 94 -140, Rezoning of 3.5083 acres situated in the W.W. Hall Survey, Abstract No. 695, Tract 3. Location: Northwest corner of the intersection of N. Carroll Ave. and E. Southlake Blvd. (F.M. 1709). Current Zoning: "AG" Agricultural; Requested Zoning: "C -3" General Commercial District. Owner: CF NVESTS Southlake Joint Venture. Applicant: Greenway Investment Company. SPIN Neighborhood #10. Public Hearing. 7. Consider: ZA 94 -143, Revised Preliminary Plat for Timber Lake Phase 5, being 50.1467 acres situated in the P.J. Hyde Survey, Abstract No. 667, and being a portion of Tract 1 and a portion of Tract 2. Location: Adjacent and North of W. Continental Blvd., South of Timber Lake Phases 3 & 4, West of Princeton Park City of Southlake, Texas Planning and Zoning Meeting December 8, 1994 Page 2 Addition and East of Monticello Estates. Current Zoning: "R- P.U.D." Residential Planned Unit Development. Owner: Southlake Joint Venture. Applicant: The Nelson Corporation. SPIN Neighborhood #14. Public Hearing. 8. Consider: Ordinance No. 506 -A, amendments to Sign Ordinance No. 506. 9. Meeting Adjourned: CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, December 2, 1994 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. MIT )414/A, ot � N4 ,� 4,64 p 1 Sandra L. LeGrand 4 $' 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\MT G W G N\ 12- 08 -94. W PD CITY OF SOUTHLAKE PLANNING AND ZONING COMMISSION MEETING DECEMBER 8, 1994 MINUTES Commission Present: Chairman, Joe Wright; Members: Nick McGarity, Randy Arnold, James Murphy, Ernest Johnson, Lanny Tate and Arthur Hobbs. City Staff Present: Community Development Director, Greg Last; Planner, Tom Elgin; Zoning Administrator, Karen Gandy; and Community Development Secretary, Bobbye Shire. The meeting was called to order by Chairman Wright at 7:30 p.m. Agenda Item #2, Approval of Minutes Commissioner McGarity advised the Community Development Secretary that the first sentence on Page 5 of the November 17, 1994 Minutes should read as follows: Commissioner McGarity asked if the Commission's request of a 60' R.O.W. on the connector street between Shady Oaks Drive and N. Peytonville Ave. was denied by Council and was told that it had been denied. Motion was made to approve the Minutes of the November 17, 1994 Planning and Zoning Commission meeting as amended. Motion: Johnson Second: Arnold Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 Agenda Item #3, Administrative Comments Community Development Director, Greg Last, advised the Commission and the audience that Agenda item #8, Ordinance No. 506 -A, Amendments to Sign Ordinance No. 506, is a continuance of the Public Hearing. This information was inadvertently left off the Agenda, however, Public Notice was properly given. Agenda Item #4, ZA 94 -85 Rezoning and Development Plan for Versailles Zoning Administrator, Karen Gandy, informed the Commission that the Applicant has requested that this item be tabled to the January 5, 1995 Planning and Zoning Meeting. She stated that Staff has received Versailles' revised submittal addressing the R.O.W./Thoroughfare issue discussed at previous meetings. Commissioner Johnson commented that this item has been tabled numerous times and asked what the likelihood is for it to be presented at the January 5th meeting. G: \W PMMTG \MIN\ 12- 08 -94. W PD Planning and Zoning Meeting December 8, 1994 Page 2 Don Plunk, 5485 Beltline Road, Dallas, representative for the Applicant, Versailles, Ltd., advised the Commission that previously unresolved issues relating to homeowner contracts, the R.O.W./Thoroughfare as it relates to this project and other issues have been resolved and the revised submittal was now in the hands of Staff for their review. Mr. Plunk stated that Versailles, Inc. has every intention to be ready to present this case at the January 5th meeting. Motion was made to table ZA 94 -85 Rezoning and Development Plan at Applicant's request to the January 5, 1995 Planning and Zoning Meeting and continue the Public Hearing. Motion: Tate Second: Arnold Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 Agenda Item #5. ZA 94 -139 Specific Use Permit Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for a Specific Use Permit to allow a church child day care center per Ordinance No. 480, Section 45.1 No. 2.c. on property legally described as Lot 3R, J.G. Allen No 18 Addition. The location is at 2501 W. Southlake Blvd. approximately 210 feet West of Brock Drive, The Current Zoning is "CS" Community Service District. The Land Use Category is Low Density Residential. The Owner /Applicant is Southlake Church of Christ. The property is located in SPIN Neighborhood #15. Five written notices were sent out and no written responses were received. Ms. Gandy commented that the facility will operate as a "Mother's- Day -Out" program. There will be no cooking of meals, no outside activities such as playgrounds, and the swimming pool has been filled for safety reasons. Kenny Robinson, 2120 Steeplewood Dr., Grapevine, was present to represent the Owner /Applicant, Southlake Church of Christ, on this item. Commissioner Murphy asked for clarification of comment #1 of the Plan Review Summary regarding the points of access into the site. Ms. Gandy explained that the adjacent Church property is before the City Council at the present time and the rezoning and concept plan request has been approved at the first reading allowing the Church to retain their three accesses onto F.M. 1709. Public Hearing. No Discussion. Public Hearing Closed. Members of the Commission felt three accesses onto F.M. 1709 from this site were too many and Commissioner Johnson asked on what basis this request could be denied. Community Development G: \W PF\MTG \MIN\ 12- 08 -94. W PD Planning and Zoning Meeting December 8, 1994 Page 3 Director, Greg Last, said the Commission could recommend denial of the specific use and the use of the driveways as well since they are a part of the concept plan. Motion was made to approve ZA 94 -139 Specific Use Permit subject to the Plan Review Summary dated December 2, 1994, deleting item #1 regarding the intended points of access. Motion: McGarity Second: Tate Ayes: McGarity, Arnold, Murphy, Wright, and Tate Nays: Johnson, Hobbs Approved: 5 -2 Mr. Last clarified that the driveway issue was the reason for Commissioner Johnson's and Commissioner Hobbs' recommendation of denial of this request. Agenda Item #6. ZA 94 -140 Rezoning Request Rezoning of 3.5083 acres situated in the W.W. Hall Survey, Abstract No. 695, Tract 3. The location is the Northwest corner of the intersection of N. Carroll Ave. and E. Southlake Blvd. (F.M. 1709). The Current Zoning is "AG" Agricultural and the Requested Zoning is "C -3" General Commercial District. The Land Use Category is Medium Density Residential. The Owner is CF NVESTS Southlake Joint Venture and the Applicant is Greenway Investment Company. The property is located in SPIN Neighborhood #10. Seven written notices were sent out and one written response was received from outside the 200' notification area opposed. Ms. Gandy stated that there was no feedback from the SPIN representative, however she has had telephone conversations with citizens of the Southview subdivision. She also stated that the dimensions of the property were approximately 549' x 281'. Tommy Pigg, representative for Greenway Investment Company, 2301 Cedar Springs, Dallas, was present to represent this item. Mr. Pigg stated that this 3 1/2 acre site located on the Northwest corner of N. Carroll Ave. and F.M. 1709 was surveyed and has approximately 500' along F.M. 1709 with 280' of depth and has access to both streets. Greenway Investment Company's purpose for the subject property is to develop and own long term office, retail and service uses. All development will have a commitment to quality evidenced by masonry construction, screening on the property North and West, rooftop screening on mechanical equipment and appropriate landscaping. Greenway Investment Company is an existing property owner in Southlake and they have a long term commitment to the City and its citizens. Mr. Pigg stated that although "C -3" is a variance to the Land Use Plan, in his opinion, the intersection of N. Carroll Ave. and F.M. 1709 is already a major intersection and will eventually become even more major. He said that this property is not an intrusion, particularly since traffic would be too heavy for residential. Mr. Pigg feels the screening and landscaping will be a nice transition to residential. He stated that "C -3" zoning was chosen over "C -2" zoning because of the flexibility of uses. G: \W PFMTG \MIN\ 12 -08 -94. W PD Planning and Zoning Meeting December 8, 1994 Page 4 Public Hearing. Gary Crapson, 575 Southview Trail, asked that this request be put on hold until after the Corridor Study is completed, and he suggested that the property may eventually be developed as an extension of the current Southview subdivision as a residential use. Juergen Strunck, 200 N. Carroll Ave., stated he purchased the property adjacent to the North property line of this property fifteen years ago to make his home in Southlake. He objects to the proposed commercial zoning and he feels it would be a mistake to allow this one small corner to have a commercial or business use. He also stated that there are oak trees on the property that are 50 -60 years old which would be harmed by a commercial development on the property. Dennie Devlin, 920 South Bend Trail, voiced her objection to this request. Jerald Keeran, 925 Southcrest Ct., stated there is sufficient "C -3" on F.M. 1709 across from this property and he prefers that this property remain agricultural and see it turn into residential. Doug Pemberton, 920 Southcrest Court, stated he lives 600 yards from the proposed rezoning. He purchased his property under the presumption it would remain residential. He said that approval of this request would be a detriment to the value of his property and he would prefer that Phase 3 of the Southview subdivision be allowed to develop. This was his understanding at the time he purchased his property. Commissioner Murphy asked what the plans were for the realignment of N. Carroll Ave. and whether or not this would affect the intersection and this property. Mr. Last explained that the South extension of Carroll would cross F.M. 1709 and continue North and, therefore, would not affect this property. Commissioners Johnson, Hobbs, and McGarity stated they could not support this request. Commissioner Johnson commented that it would be hasty, he would not want to grant a blanket "C -3" zoning, and he agreed with Mr. Keeran that there is enough commercial space on the other side of F.M. 1709. Commissioner Murphy reiterated that it did not conform to the Land Use Plan and he could not support it because of this. Discussion between members of the Commission regarding "C -3" versus "C -2" and issues pertaining to the Corridor Study lead Chairman Wright to suggest that Mr. Pigg allow the Commission to table the request to give Greenway Investment Company time to consider other alternatives to bring before the Commission for consideration. Motion was made to table ZA 94 -140 Rezoning Request to the January 19, 1995 Planning and Zoning Meeting and continue the Public Hearing. Motion: Arnold Second: Tate G: \W PRMTG \MIN\ 12- 08 -94. W PD Planning and Zoning Meeting December 8, 1994 Page 5 Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 Agenda Item #7. ZA 94 -143 Revised Preliminary Plat for Timber Lake Phase 5 Revised Preliminary Plat for Timber Lake Phase 5, being 50.1467 acres situated in the P.J. Hyde Survey, Abstract No. 667, and being a portion of Tract 1 and a portion of Tract 2. The location is adjacent and North of W. Continental Blvd., South of Timber Lake Phases 3 & 4, West of Princeton Park Addition and East of Monticello Estates. 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 The Nelson Corporation. SPIN Neighborhood #14. Fifteen written notices were sent out and no written responses were received. Clyde Sifford, The Nelson Corporation, 5999 Summerside Drive, Dallas, was present to represent this item. Chairman Wright asked if the Applicant was in agreement with Staffs comments on the Plat Review Summary dated December 2, 1994 and Mr. Sifford said they were. Public Hearing. No Discussion. Public Hearing Closed. Motion was made to approve ZA 94 -143 Revised Preliminary Plat subject to the Plat Review Summary dated December 2, 1994. Motion: Johnson Second: McGarity Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 Agenda Item #8. Amendments to Sign Ordinance No. 506, Ordinance No 506 -A The following items were discussed within the proposed revisions to the sign ordinance. • It was generally decided to allow freestanding signs under various regulatory controls rather than the conditional use permit approach in the draft. • Definition for special purpose signs would be modified to exclude garage sales and garage sale signs would be addressed similar to weekend signs. G: \W PF\MTG\MIN\ 12 -08 -94. W PD Planning and Zoning Meeting December 8, 1994 Page 6 • Variance procedures in the original ordinance would remain. • Attached signs could not extend greater than 18" from building facade. • Evaluate area conflicts between general regulations and specific regulations, particularly for monument signs. Motion was made to table this item to the January 5, 1995 Planning and Zoning Meeting and continue the Public Hearing. Motion: Murphy Second: Johnson Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 The meeting was adjourned at 10:10 p.m. -/ r /( /' - - it Joe W g:ht, Chairman ATTEST: 3 )2_ Bobbye S Community Development Secretary G:\ W PF\MTG\MI N\ 12- 08 -94. W PD