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1995-03-23 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING MARCH 23, 1995 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 March 9, 1995 P & Z Meeting. 3. Administrative Comments. 4. Consider: ZA 95 -16 Final Plat for Oakwood Pond, being 6.192 acres situated in the J.W. Chivers Survey, Abstract No. 350, Tract 1 C 1 D. Location: Northeast corner of E. Dove St. and Ridgecrest Dr. Current Zoning: "SF-1A" Single - Family Residential District. Owner /Applicant: Tom Miller. SPIN Neighborhood #3. 5. Consider: Revisions to Subdivision Ordinance No. 483 -D, Section 3.07(B), amending the requirement for an Avigation Easement for properties withing the Airport Overlay Zone. Public Hearing. 6. Consider: Revisions to Zoning Ordinance No. 480 -P, Section 43, "Airport Development Zone," establishing a requirement for an Avigation Easement for properties within the Airport Overlay Zone. Public Hearing. 7. Consider: Revisions to Zoning Ordinance No. 480 -Q establishing special regulations for development adjacent to residential areas. Public Hearing. 8. Consider: Adoption of Driveway Ordinance No. 634. Public Hearing. 9. Meeting Adjourned: CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, March 17, 1995 at 5:00 p.m., pursuant to the Texas Gov, rnment Code, Chapte 551. Sandra L. LeGrand 4. 8,, 9N City Secretary 0 If you plan to attend this public meeting and have a disablh. equires spec' n e ,r please advise the City Secretary 48 hours in advance at 481 -5581 extension 704, and reasonable accommodations will be milt to as * .�` G: \WPF�MTG\AGN\03- 23- 95 .WPD ', � llll lUr pru * p� *ll,,` CITY OF SOUTHLAKE PLANNING AND ZONING COMMISSION MEETING March 23 , 1995 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 City Engineer, Ron Harper. The meeting was called to order by Chairman Wright at 7:30 p.m. Agenda Item #2, Approval of Minutes Motion was made to approve the Minutes of the March 9, 1995 Planning and Zoning Commission meeting. Motion: Johnson Second: Hobbs 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 that a "Projects List" was included in their packets of information advising them of what projects are currently in process. Agenda Item #4, ZA 95 -16, Final Plat for Oakwood Pond Chairman Wright advised the Commission and the audience that a letter has been received from the Applicant requesting that this item be tabled to the April 6, 1995 Planning and Zoning Meeting. Motion was made at Applicant's request to table ZA 95 -16 Final Plat for Oakwood Pond to the April 6, 1995 Planning and Zoning Meeting. Motion: Arnold Second: Murphy Ayes: McGarity, Arnold, Johnson, Murphy, Wright, Tate and Hobbs Nays: none Approved: 7 -0 Agenda Item #5, Revisions to Subdivision Ordinance No. 483, Sections 3.03 (D29) and 3.07(B) and Appendices 3 and 3A Director Last explained that recent cases such as the E.C. White rezoning sparked concern with the Airport regarding building within the airport overlay zones. Attorneys for the City and for DFW G:\ WPD\MTG\MIN \03- 23 -95. WPD Planning and Zoning Meeting March 23, 1995 Page 2 Airport have held numerous meetings on this issue over the last six to eight months and have concluded that an Avigation Easement must be required on anything happening within the overlay zones. If an Applicant brings forth a request for a zoning change, a plat, or a building permit, he will be required to sign and designate an Avigation Easement. Director Last also explained the filing process associated with an Avigation Easement. Public Hearing. Pamela Mueller, 214 Westwood Dr., voiced concerns of the ramifications and values of property located within the overlay zones if an Avigation Easement is required on these properties. Ms. Mueller stated she is a former member of the Airport Committee and she has studies that show the noise contours going no further than 1709/Kimball Road by the year 2010 based on Stage III type aircraft being implemented. The current contours are based on the 1974 EIS and now go all the way to the Solana complex. Since the Land Use Plan calls for single - family residential planning within some areas of the contours, a question is raised as to the negative effects of easements on all property involved, which may prove unnecessary if the contours are obsolete by 2010. Discussion of violations of overflight and what changes the Airport can make and have made were explained by Ms. Mueller. She also informed the Commission that noise monitoring systems were to be located at Commerce Business Park and at Carroll Middle School. Director Last commented that the F.A.A. requires enforcement of the 1974 EIS contours. Chairman Wright suggested that this item be tabled until more is known about the general effect on properties due to an avigation easement requirement. Director Last advised the Commission that not all relevant Subdivision Sections were included in the legal advertising for this item and, therefore, no action should be taken on this item. The request has been readvertised in the Fort Worth Star - Telegram and will be on the Agenda for the April 6, 1995 Planning and Zoning Meeting. The Commission took no action on this item. Agenda Item #6. Revisions to Zoning Ordinance No. 480, Section 43, "Airport Development Zone" Discussion to table this item to the April 6, 1995 Planning and Zoning Meeting to correspond with the previous agenda item was addressed. Chairman Wright opened the Public Hearing. Public Hearing. No Discussion. G:\ WPD\MTG \MIN\03- 23 -95. WPD Planning and Zoning Meeting March 23, 1995 Page 3 Motion was made to table this item to the April 6, 1995 Planning and Zoning Meeting and Continue the Public Hearing. Motion: McGarity Second: Murphy Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 Agenda Item #7. Revisions to Zoning Ordinance No. 480 -Q establishing special regulations for development adjacent to residential areas. Director Last explained the purpose of the Neighborhood Preservation Ordinance and said that it was being brought before the Commission as a rough draft. He further commented there have been many ongoing discussions to determine which direction to proceed in writing the ordinance and the map attached to the ordinance specifying which neighborhoods will apply is a draft only and has no backup data or criteria. Director Last stated that copies of the ordinance have not been distributed to anyone other than the Planning and Zoning Commission, and typically, Staff would like to have the draft make sense and be in a reasonable format before being distributed to the general public. If this item is tabled to the next Planning and Zoning Meeting, a flyer will be sent out notifying interested parties that this ordinance will be addressed at that meeting. Commissioner Johnson commented that the law does not allow the Commission to legislate aesthetics. He asked Staff if the Courts were easing up on this or, if not, how the City of Southlake could get by with doing this. He suggested that not a lot of time be spent on this ordinance unless the City Attorney met with the Commission to lay down some rules and guidelines to assure a correct writing. Director Last informed the Commission that the Attorneys have said a Neighborhood Preservation Ordinance has never been tested or done before and Southlake would be the first City to adopt an ordinance of this type. He explained the importance of protecting neighborhoods in the community and to add some level of architectural aesthetic control to development in the vicinity of a neighborhood are the reasons Southlake wants to adopt this ordinance. A separate ordinance established to define a district to delineate areas of concern is the only vehicle that can adequately do this. Chairman Wright stated he understands the intent of the ordinance and said it is not totally unreasonable. He and other members of the Commission do, however, have a problem with only offering protection to certain neighborhoods and not to others, and with singling out and picking and choosing those people who would have the protection and those who would not. If the City is going to implement this, then it should be done throughout the entire City and everyone should have the same protection. Public Hearing. G:\ W PD\MTG \MIN \03- 23 -95. WPD Planning and Zoning Meeting March 23, 1995 Page 4 Pamela Mueller, 214 Westwood Dr., offered an instance of how a Neighborhood Preservation Ordinance would have been beneficial in her neighborhood with the construction of the clearly incompatible flat roofed office building built along the entrance into Woodland Heights. She thinks the concept of the ordinance is good, although valid reasons for not singling out neighborhoods have been brought up, and she agrees that the City Attorneys should be involved in drafting the ordinance. Ms. Mueller would like to see tax dollars derived from commercial development in Southlake, but thinks that commercial development should happen along S.H. 114 and in the open space within the noise corridor where no residential developments will be built. June Haney, 400 Brock Dr., stated her property backs up to Michael Drive which is predominantly commercial. She pointed out that her area is not included on the map and she has a big concern about being protected from the commercial development so close to her. She would like to see the ordinance in place so that as F.M. 1938 -Davis Blvd. develops, the builders and planners adhere to some type of standard. There are quite a few pieces of property that are not developed on Michael Drive and she would like to see commercial growth more compatible. Wal -Mart was used as an example of commercial development incompatible to the City of Southlake. John Drews, 5440 Harvest Hill Road, Dallas, Texas 75230, stated he can relate to everyone's concerns and agreed there should be a balance between commercial and residential development. He commented that Wal -Mart is incompatible and under the City's ordinance there is nothing Southlake can do about it. He suggested other ways of assuring compatibility are to require certain types of landscaping, certain types of bufferyards and certain types of building materials which will ultimately accomplish the objective. He said Southlake needs to decide whether it wants to be a residential or commercial city and if it wants both, it needs to recognize there are trade -offs. If the City decides it wants commercial development, the question should be how to make it compatible without becoming so restrictive that it won't work for the retailer or the people trying to initiate the business. Mr. Drews commented that the density of Southlake is not what is going to attract retail or commercial business, it will be the thoroughfares that get the people there from the higher density areas. Chairman Wright called a recess at 9:30 p.m. and the meeting reconvened at 9:40 p.m. Members of the Commission discussed sections of the ordinance as written and other sections needing to be added. Ms. Gandy stated zoning could not be approved or denied on aesthetics only. She said the City Attorneys' office and the City Manager's office have fashioned and modeled the concept of this ordinance after the historic preservation districts, whereby the City can designate certain areas and establish criteria and aesthetics by identifying those areas sensitive and vulnerable to commercial development next to their neighborhoods. G:\ WPD\MTG \MIN \03- 23 -95. WPD Planning and Zoning Meeting March 23, 1995 Page 5 Commissioner Murphy commented that it appears we have taken the concept of a historical district and applied it in a different way. The criteria for applying this principle needs to be enumerated and not arguable. It needs to be specific and clear. He commented that there is a lot of work to do if the Commission is going to make the ordinance work as it exists today. The majority of the Commission felt that more consideration should be given and the ordinance should apply to the entire City. Director Last said he will take this input back to the City Attorneys and the City Manager and ask if there is some other way to make it work. Commissioner McGarity disagreed that it should apply to the entire City. He said it is not necessary to make all commercial development meet the strict architectural guidelines and he feels only the commercial development going into selected small pieces adjacent to residential neighborhoods should be subjected to these regulations. Motion was made to table this item to the April 6, 1995 Planning and Zoning Meeting and Continue the Public Hearing. Motion: Johnson Second: Tate Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 Agenda Item #8, Adoption of Driveway Ordinance No. 634 Planner, Tom Elgin, stated he has incorporated the Commission's comments from the previous meeting and the comments from a meeting with Commissioner Johnson and highlighted these changes in Draft #2. Sections of the ordinance were discussed by City Staff and the Commission and changes and additions were suggested and clarified. In addition, Mr. Elgin displayed overhead exhibits depicting existing driveway openings in the Southlake developments of Crossroads Square and Southlake Marketplace. Public Hearing. John Drews, 5440 Harvest Hill Road, Dallas, Texas 75230, made recommendations for changes to Section 5.1, Design Standards, Table One, and commented on other aspects of the Driveway Ordinance. Motion was made to table Adoption of Driveway Ordinance No. 634 to the April 6, 1995 Planning and Zoning Meeting and continue the Public Hearing. Motion: McGarity Second: Hobbs Ayes: McGarity, Arnold, Murphy, Wright, Johnson, Tate and Hobbs Nays: none Approved: 7 -0 G:\ W PD\MTG \MIN \03- 23 -95. WPD Planning and Zoning Meeting March 23, 1995 Page 6 The meeting was adjourned at 11:00 p.m. ,r et i Joe Writ t, hairman ATTEST: Greg Las I► 4 Community Development Director G:\ W PD\MTG \MIN\03- 23 -95. WPD