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1995-04-06 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 6, 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 23, 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: ZA 95 -28 Rezoning for 0.46 acres situated in the Hiram Granberry Survey, Abstract No. 581, Tract 2D. Location: South side of W. Southlake Blvd., West of the entrance to Lake Crest Addition. Current Zoning: "AG" Agricultural; Requested Zoning: "0-1" Office District. Owners: Walter E. and Katherine Morris; Applicant: Dr. Timothy M. Huckabee. SPIN Neighborhood #14. Public Hearing. 6. Consider: ZA 95 -29 Development Plan for Timarron Addition, Village "H ", being 91.17 acres situated in the Hollingsworth & Barnett Survey, Abstract No. 797, the M.W. Davenport Survey, Abstract No. 432, and the John N. Gibson Survey, Abstract No. 591. Location: Southwest corner of E. Continental Blvd. and Brumlow Ave. Current Zoning: "R- P.U.D." Residential Planned Unit Development. Owner: Timarron Land Corporation; Applicant: Carter & Burgess, Inc. SPIN Neighborhood #9. Public Hearing. 7. Consider: ZA 95 -30 Preliminary Plat for Timarron Addition, Village "H ", being 91.17 acres situated in the Hollingsworth & Barnett Survey, Abstract No. 797, the M.W. Davenport Survey, Abstract No. 432, and the John N. Gibson Survey, Abstract No. 591. Location: Southwest corner of E. Continental Blvd. and Brumlow Ave. Current Zoning: "R- P.U.D." Residential Planned Unit Development. Owner: Timarron Land Corporation; Applicant: Carter & Burgess, Inc. SPIN Neighborhood #9. City of Southlake, Texas 8. Consider: ZA 95 -31 Plat Showing of Lots 1 & 2, Hall Medlin No. 1038 Addition, being 6.039 acres situated in the Hall Medlin Survey, Abstract No. 1038, Tracts 2D1, 2D2, 2D3, 2D3A, 2D4, 2D5, and 2D6. Location: Southeast Corner of E. Continental Blvd. and S. White Chapel Blvd. Current Zoning: "R- P.U.D." Residential Planned Unit Development. Owner: Timarron Land Corporation. Applicant: Carter & Burgess, Inc. SPIN Neighborhood #9. Public Hearing. 9. Consider: ZA 95 -32 Plat Revision of Lots 25R and 26R1, Block 7 and Lot 62R1, Block 5, Timarron Addition, Phase 2, Section 2, Bent Creek, and Lot 27R, Block 7 and Lot 60R, Block 5, Timarron Addition, Phase 2, Section 2A, Estates at Bent Creek, being 3.953 acres situated in the Hall Medlin Survey, Abstract No. 1038, and being a revision of Lots 25 and 26R, Block 7 and Lot 62R, Block 5 of Timarron Addition, Phase 2, Section 2, Bent Creek, as recorded in Cabinet A, Slide 1765, PRTCT and Lot 25, Block 7, Timarron Addition, Phase 2, Section 2, Bent Creek, as recorded in Cabinet A, Slide 1351, PRTCT, and Lot 27, Block 7 and Lot 60, Block 5, Timarron Addition, Phase 2, Section 2A, Estates at Bent Creek, as recorded in Cabinet A, Slide 1711, PRTCT. Location: Bent Creek and Estates at Bent Creek Additions of Timarron. South of E. Continental Blvd. and East of S. White Chapel Blvd. Current Zoning: "R- P.U.D." Residential Planned Unit Development. Owner: Timarron Land Corporation. Applicant: Carter & Burgess, Inc. SPIN Neighborhood #9. Public Hearing. 10. Consider: ZA 95 -33 Preliminary Plat for Huse Homeplace, being 16.63 acres situated in the R.D. Price Survey, Abstract No. 1207, Tract 2C. Location: Adjacent and North of Quail Creek Estates Addition and adjacent and West of Harbor Oaks Addition. Current Zoning: "AG" Agricultural; Requested Zoning: "SF -1A" Single - Family Residential District. Owner: Peggy Denton; Applicant: H.Creek Development. SPIN Neighborhood #3. Public Hearing. 11. Consider: ZA 95 -34 Plat Revision of Lot 5R, Block 1, Stanhope Addition, being a 2.0 acre tract of land situated in the Francis Throop Survey, Abstract No. 1511, and being a revision of Lots 5 and 6, Block 1, Stanhope Addition, as recorded in Cabinet A, Slide 1538, Plat Records, Tarrant County, Texas. Location: North side of E. Highland St. approximately 1450' West of N. Kimball Road. Owner: David Hardy. Applicant: Landes & Associates. Current Zoning: "SF -IA" Single - Family Residential District. SPIN Neighborhood #5. Public Hearing. 12. Consider: ZA 95 -35 Final Plat on Lots 4, 5, and 6, Block 6, Southridge Lakes, Phase C -1, being 10.533 acres out of the A.A. Freeman Survey, Abstract No. 522, and being a portion of Tract 1D. Location: Northeast corner of W. Southlake Blvd. and N. Peytonville Ave. Current Zoning: "C -3" General Commercial District. Owner: Southridge Center, L.P. Applicant: Graham Associates. SPIN Neighborhood #13. City of Southlake, Texas 13. Consider: Revisions to Subdivision Ordinance No. 483 -D, Section 3.03(D29) amending Final Plat submittal requirements, and Section 3.07(B.) amending the requirement for an Avigation Easement for properties within the Airport Overlay Zone. Public Hearing. 14. 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. Continue Public Hearing. 15. Consider: Revisions to Zoning Ordinance No. 480 -R permitting "Full Service Car Washes." Public Hearing. 16. Consider: Adoption of Driveway Ordinance No. 634. Continue Public Hearing. 17. Consider: Adoption of the Corridor Study for S.H. 114, F.M. 1709, and F.M. 1938 Corridors. Presentation by J. Dennis Wilson & Associates. Public Hearing. 18. Consider: Ordinance No. 480 -S, amendments to the Zoning Ordinance No. 480 to implement the adoption of the Corridor Study for S.H. 114, F.M. 1709 and F.M. 1938 by establishing certain development regulations for the three corridor overlay zones. Public Hearing. 19. Consider: Revisions to Zoning Ordinance No. 480 -Q establishing special regulations for development adjacent to residential areas. Continue Public Hearing. 20. 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, o s . • , March 31, 1995 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. oc,sOUrip 1 � andra L. LeGrand co* City Secretary * °a y„ ** timunts 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 PFIMTG\AGN\04- 06 -95. WPD CITY OF SOUTHLAKE PLANNING AND ZONING COMMISSION MEETING APRIL 6, 1995 MINUTES Commission Present: Chairman, Joe Wright; Members: Nick McGarity, Randy Arnold, James Murphy, Lanny Tate and Arthur Hobbs. Commissioner Absent: Ernest Johnson 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 Chairman Wright at 7:30 p.m. Agenda Item #2, Approval of Minutes Motion was made to approve the Minutes of the March 23, 1995 Planning and Zoning Commission meeting. Motion: Hobbs Second: McGarity Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #3. Administrative Comments Zoning Administrator, Karen Gandy, advised the Commission that Applicant's for agenda items #4, #7, and #10 have requested that these be tabled to future Planning and Zoning Meetings. Director Last made the Commission aware that their next meeting would begin at 6:30 p.m. with the Joint Park Board Public Hearing on the proposed Trail System Master Plan. Director Last commented that Trail System Maps would be distributed to the Commission later in the meeting. In addition, he advised the Commissioners that more Corridor Study comment letters had been received and had been copied them for the Commission's review. Director Last explained tabling procedures to the audience for the above mentioned agenda item cases and he introduced City Staff. He stated the Corridor Study Public Hearing was advertised to begin at 8:30 p.m. although discussion might not start exactly at 8:30 p.m. G: \WPF\MTG WIN \04- 06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 2 Chairman Wright advised City Staff and the audience that the City Manager and City Attorneys were planning to visit with City Staff and review agenda item #19, Ordinance No. 480 -S, amendments to the Zoning Ordinance No 480 -Q Neighborhood Preservation Districts and, therefore, this agenda item would also be tabled. The following four agenda items were acted upon out of agenda order: Agenda Item #4, ZA 95 -16, Final Plat/Oakwood Pond Motion was made at Applicant's request to table ZA 95 -16 Final Plat to the May 4, 1995 Planning and Zoning Meeting. Motion: McGarity Second: Murphy Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #7, ZA 95 -30, Preliminary Plat/Timarron Addition, Village "H" Motion was made at Applicant's request to table ZA 95 -30 Preliminary Plat for Timarron Addition, Village "H" to the April 20, 1995 Planning and Zoning Meeting. Motion: Hobbs Second: Arnold Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #10, ZA 95 -33 Preliminary Plat/Huse Homeplace Motion was made at Applicant's request to table ZA 95 -33 Preliminary Plat for Huse Homeplace to the May 4, 1995 Planning and Zoning Meeting and continue the Public Hearing. Motion: McGarity Second: Murphy Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Approved: 6 -0 G: \WPF \MTG \ MIN \04-06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 3 Agenda Item #19. Revisions to Zoning Ordinance No. 480 -0 Motion was made to table Revisions to Zoning Ordinance No. 480 -Q to the May 4, 1995 Planning and Zoning Meeting and continue the Public Hearing. Motion: Hobbs Second: McGarity Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #5. ZA 95 -28 Rezoning Request Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for Rezoning of 0.46 acres situated in the Hiram Granberry Survey, Abstract No. 581, Tract 2D. The location is on the South side of W. Southlake Blvd., West of the entrance to Lake Crest Addition. The Current Zoning is "AG" Agricultural and the Requested Zoning is "0 -1" Office District. The Land Use Category is Medium Density Residential. The Owners are Walter E. and Katherine Morris and the Applicant is Dr. Timothy M. Huckabee. The property is located in SPIN Neighborhood #14. Eight written notices were sent out and one written response was received from outside the 200' notification area and it was undecided. Ms. Gandy clarified the dimensions of the property as approximately 80' x 240', and Director Last explained there was no strip of land between this property and F.M. 1709 R.O.W. even though the TAD map indicated otherwise. Mr. Last also commented that the property to the East is approximately the same width as the subject property. Dr. Timothy M. Huckabee, 2000 E. Hwy. 114, was present to represent this item. Dr. Huckabee described plans for the appearance of the dental office to be a high quality one story residential style building with parking in the rear. Connection to city sewer will also be accommodated. Public Hearing. Tom Jacobowski, 107 Springbrook Ct., asked to see a drawing of the proposed building and Dr. Huckabee provided an overhead. Mr. Jacobowski asked what impact this rezoning would have on property owned by Mr. Kennedy and stated that his understanding was this property has a Land Use Category of Medium Density Residential and was to have been a cul -de -sac with a residential use. Chairman Wright commented that the cul -de -sac idea would suffice if the intent of the property is to use it for residential, however, if the property is to be an office use, it will front F.M. 1709. Ms. Gandy clarified that Mr. Kennedy owns most of the adjacent property and to -date no request has G: \WPF\MTG \ MIN \04- 06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 4 been submitted requesting a zoning change. Chairman Wright explained even though this property suggests a Medium Density Residential use, the Land Use Plan is not set in concrete. Discussion of the overhead exhibit of the dental office, explanation of the platting procedure, and required approvals to obtain a building permit were addressed. Jim Martin, 2230 W. Southlake Blvd., commented that to his understanding, there would be no zoning changes on F.M. 1709 until the Corridor Study is completed. Public Hearing Closed. Commissioner McGarity stated the property is too small for this use and it does not adhere to the Land Use Plan and, for these reasons, the request should be turned down. Other questions and answers concluded that the building is to be 2500 sq. ft; water run -off from the concrete parking will be addressed before construction; the building will be one story; the overhead exhibit of the building does define the bufferyards, and the building will adhere to final Corridor Study requirements and blend with residential development with a pitched composition roof. Commissioner Tate feels the "0 -1" Office use is appropriate and he does not foresee a residential use on this property. Commissioner Hobbs and Arnold feel the size limits residential development and commented that "0-1" is the lightest use for the property other than residential. Motion was made to approve ZA 95 -28 Rezoning Request. Motion: Arnold Second: Tate Ayes: Arnold, Murphy, Wright, Tate and Hobbs Nays: McGarity Approved: 5 -1 Chairman Wright stepped down and Vice - Chairman Tate presided over agenda items #6 & #8. Agenda Item #6, ZA 95 -29 Development Plan/Timarron Addition, Village "H" Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for a Development Plan for Timarron Addition, Village "H ", being 91.17 acres situated in the Hollingsworth & Barnett Survey, Abstract No. 797, the M.W. Davenport Survey, Abstract No. 432, and the John N. Gibson Survey, Abstract No. 591. The location is on the Southwest corner of E. G: \WPF \MTG \MIN \04- 06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 5 Continental Blvd. and Brumlow Ave. The Current Zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Category is Medium Density Residential. The Owner is Timarron Land Corporation and the Applicant is Carter & Burgess, Inc. The property is located in SPIN Neighborhood #9. Twenty -one written notices were sent out and two written responses were received from within the 200' notification area in favor. Ms. Gandy stated the Applicant has met the minimum curvilinear street design requirements of comment #5.J. on the Plan Review Summary and this comment should be deleted. She also commented that item #8 providing a 20' Public Access Easement for the trail system is premature since the City has not yet adopted the Master Trail System. Timarron, however, has agreed to dedicate this at the Final Plat stage. The Commission discussed old Brumlow and existing tract access, and bufferyard comments. Steve Yetts, 300 E. Carpenter Frwy., Suite 1425, Irving, was present to represent Timarron Land Corporation. Mr. Yetts stated he was in agreement with the Plan Review Summary dated March 31, 1995 with the exception of item #5.I. recommending that Street "D" be aligned with South Carroll Ave. He explained that Street "D" entrance lines up to tee boxes on hole #2 of the golf course and creates an important statement when entering the development. For this reason, and to eliminate traffic taking short cuts to Byron Nelson Pkwy., he would like to keep the entrance at this location. He also restated Ms. Gandy's comment to accommodate the trail system by providing a 20' Public Access Easement along the North boundary line of the project tract at Final Plat. Public Hearing. No Discussion. Public Hearing Closed. Motion was made to approve ZA 95 -29 Development Plan for Timarron Addition, Village "H" subject to the first Plan Review Summary dated March 31, 1995, deleting item #5.I. requiring Street "D" be aligned with S. Carroll Ave. and deleting item #5.J. regarding the curvilinear street design requirement. Motion: McGarity Second: Hobbs Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Abstain: Wright Approved: 5 -0 -1 G: \ W PF\MTG \MIN \04- 06 -95. W PD Planning and Zoning Meeting April 6, 1995 Page 6 Agenda Item #8. ZA 95 -31 Plat Showing Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for Plat Showing of Lots 1 & 2, Hall Medlin No. 1038 Addition, being 6.039 acres situated in the Hall Medlin Survey, Abstract No. 1038, Tracts 2D1, 2D2, 2D3, 2D3A, 2D4, 2D5, and 2D6. The location is on the Southeast Corner of E. Continental Blvd. and S. White Chapel Blvd. The Current Zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Category is Mixed Use. The Owner is Timarron Land Corporation and the Applicant is Carter & Burgess, Inc. The property is located in SPIN Neighborhood #9. Twenty written notices were sent out and four written responses were received from within the 200' notification area opposed and one was in favor. One written response was received from outside the 200' notification area opposed and one was received in favor. Ms. Gandy advised the Commission that residents of Timarron are concerned that this request is for a change in zoning to Commercial uses. The request, however, is a platting issue. This Plat Showing was approved in October 1991. Ordinance No. 480 -01A and the associated Concept Plan designated certain areas for "C -2" Commercial uses and was approved on April 16, 1991. The Applicant failed to file the Plat Showing at the Courthouse and it has since expired. This Plat Showing is essentially a duplicate of the one already approved. Ms. Gandy again commented that item #9 providing a 20' Public Access Easement for the trail system is premature since the City has not yet adopted the Master Trail System. As with the previous request, Timarron has agreed to dedicate this at the Final Plat stage. Steve Yetts, 300 E. Carpenter Frwy, Suite 1425, Irving, was present to represent Timarron Land Corporation. Mr. Yetts restated Ms. Gandy's comments explaining the reason for the request as being a correction to the oversight of failing to file the Plat Showing, and this being simply a housekeeping measure to clean up the paperwork. In addition, he stated the comments in the Plat Review Summary dated March 31, 1995 will all be addressed. Public Hearing. Gary Hargett, 935 S. White Chapel Blvd., expressed the concern that if this formality of reapproving the expired Plat Showing is required, shouldn't the zoning go hand in hand with the plat and require a reapproval also. The citizens want quality residential areas and commercial uses in the proper places and this request does not allow that. Mr. Hargett said a major concern of the homeowners is that Mobil will keep this small commercial piece of property until after the residential area develops and then sell it to someone from out of state who will be hard to work with and who will put whatever he wants to on the property without regard to the neighboring resident's wishes. Spot zoning in a residential neighborhood is a hot issue which needs to be looked at in great detail. G: \WPF \MTG \MIN \04- 06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 7 Director Last explained that platting and zoning are two different processes. Platting is essentially the legal documentation of the boundary of a property and has nothing to do with the zoning of a property. This Plat Showing has no bearing on zoning. Once zoning is in place, it can run to perpetuity. Greg Saunders, 503 Vicksburg, questioned if zoning goes with the land and has no expiration date, what are the legalities of failing to file a plat in regards to exceeding the statute of limitations. Director Last stated Statute of Limitations did not apply to platting. Mr. Saunders asked what Timarron's plans were for this land and Mr. Yetts stated there are no current plans for that comer and at this time there is no potential purchaser for the property. Mr. Saunders asked for clarification on the definition of green space as it relates to a golf course and was provided with the information from the Zoning Ordinance. Mr. Saunders feels the issues are not definable and further consideration is needed and, therefore, this request should be tabled. Joseph McClure, 1495 Bent Trail Circle, asked if a Plat Showing was required before building could begin on a property. Director Last replied yes and if the Applicant met all requirements of the subdivision ordinance it is Staffs duty to approve the request. Mr. McClure suggested that Timarron sell the property to Timarron residents so that the community could decide the outcome of that corner. Kamran Saadatjoo, 385 Highland Oaks Circle, said he did not understand the connection between zoning and platting together and Vice - Chairman Tate restated there is no correlation between the two. Jim Giffen, 1020 Highland Oaks Dr., asked how the residents could get this zoning back to residential and Director Last suggested an avenue to pursue is to talk to the developer and work from there. Mr. Giffen said the citizens are concerned about this request even though the Applicant says it is merely a housekeeping procedure. Jim Roberts, 310 Glenrose Ct., asked why the two lots were so different in size and Mr. Yetts explained that Lot 1 containing the Timarron Community Sign will most likely be deeded to the Timarron Homeowners Association at the completion of the development and Lot 2 can be sold. Juergen Strunck, 200 N. Carroll Ave., addressed the issue of the golf course being included in the 10% required open space and after discussion with the Commission he stated he feels this item should be tabled until questions could be more clearly answered. Public Hearing Closed. G: \WPF \MTG \MIN \04- 06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 8 The Commission discussed the open space golf course issue and Commissioner Murphy clarified that the Commission's obligation was to approve the plat as it stands today if it meets the requirements. Motion was made to approve ZA 95 -31 Plat Showing subject to the first Plat Review Summary dated March 31, 1995. Motion: Murphy Second: McGarity Ayes: McGarity, Arnold, Murphy, Tate and Hobbs Nays: none Abstain: Wright Approved: 5 -0 -1 Agenda Item #9. ZA 95 -32. Plat Revision Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for a Plat Revision of Lots 25R and 26R1, Block 7 and Lot 62R1, Block 5, Timarron Addition, Phase 2, Section 2, Bent Creek, and Lot 27R, Block 7 and Lot 60R, Block 5, Timarron Addition, Phase 2, Section 2A, Estates at Bent Creek, being 3.953 acres situated in the Hall Medlin Survey, Abstract No. 1038, and being a revision of Lots 25 and 26R, Block 7 and Lot 62R, Block 5 of Timarron Addition, Phase 2, Section 2, Bent Creek, as recorded in Cabinet A, Slide 1765, PRTCT and Lot 25, Block 7, Timarron Addition, Phase 2, Section 2, Bent Creek, as recorded in Cabinet A, Slide 1351, PRTCT, and Lot 27, Block 7 and Lot 60, Block 5, Timarron Addition, Phase 2, Section 2A, Estates at Bent Creek, as recorded in Cabinet A, Slide 1711, PRTCT. The location is in Bent Creek and Estates at Bent Creek Additions of Timarron, South of E. Continental Blvd. and East of S. White Chapel Blvd. The Land Use Category is Mixed Use. The Current Zoning is "R- P.U.D." Residential Planned Unit Development. The Owner is Timarron Land Corporation and the Applicant is Carter & Burgess, Inc. The property is located in SPIN Neighborhood #9. Ten written notices were sent out and one written response was received from within the 200' notification area in favor. Ms. Gandy explained the purpose of this revision is to correct the location of 100 year flood plain and to revise the variable width drainage easement that is located between the two phases. Staff is also recommending that this plat be divided into two phases for ease of tracking in the future. Director Last said to his understanding, Timarron has agreed to do this. Steve Yetts, 300 E. Carpenter Frwy, Suite 1425, Irving, was present to represent Timarron Land Corporation. Mr. Yetts explained there is a nature preserve area that runs through the location and some easements were violated by the builder. This request is to clean up mistakes previously made. Mr. Yetts also G: \WPF \MTG \MIN \04- 06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 9 stated he is in agreement with comments on the Plat Review Summary dated March 31, 1995 and he does intend to split the exhibit into the two phases. Director Last commented engineering data has been received and, therefore, item #12 on the Plat Review Summary should be deleted. Public Hearing. No Discussion. Public Hearing Closed. Motion was made to approve ZA 95 -32 Plat Revision subject to the first Plat Review Summary dated March 31, 1995 deleting item #12 regarding submittal of necessary drainage and flood study. Motion: McGarity Second: Arnold Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Abstain: Wright Approved: 5 -0 -1 Chairman Wright resumed Chairmanship of the meeting. Chairman Wright called a recess at 9:05 p.m. and the meeting reconvened at 9:15 p.m. Agenda Item #11. ZA 95 -34 Plat Revision/Stanhope Addition Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for a Plat Revision of Lot 5R, Block 1, Stanhope Addition, being a 2.0 acre tract of land situated in the Francis Throop Survey, Abstract No. 1511, and being a revision of Lots 5 and 6, Block 1, Stanhope Addition, as recorded in Cabinet A, Slide 1538, Plat Records, Tarrant County, Texas. The location is on the North side of E. Highland St. approximately 1450' West of N. Kimball Road. The Current Zoning is "SF -1A" Single - Family Residential District. The Land Use Category is Low Density Residential. The Owner is David Hardy and the Applicant is Landes & Associates. The property is located in SPIN Neighborhood #5. Three written notices were sent out and no written responses have been received. Ms. Gandy advised the Commission that the purpose of the request is to remove the interior lot line for the purpose of building one residential structure. David Hardy, 2916 Ridgepen, Grapevine, was present to represent this item. G: \WPF\MTG \MIN \04- 06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 10 Mr. Hardy explained that the purchaser of the property wished to build a single residence on this property and the proposed driveway would cross the interior line. Public Hearing. No Discussion. Public Hearing Closed. Commissioner Arnold asked Mr. Hardy if he had reviewed the Plat Review Summary dated March 31, 1995. Mr. Hardy stated he had not see the comments and Staff provided him with a copy. After reviewing, Mr. Hardy stated he was in agreement with the comments. Motion was made to approve ZA 95 -34 Plat Revision for Stanhope Addition subject to the first Plat Review Summary dated March 31, 1995. Motion: Arnold Second: Hobbs Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #12, ZA 95 -35 Final Plat/Southridge Lakes, Phase C -1 Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for Final Plat on Lots 4, 5, and 6, Block 6, Southridge Lakes, Phase C -1, being 10.533 acres out of the A.A. Freeman Survey, Abstract No. 522, and being a portion of Tract 1D. The location in on the Northeast corner of W. Southlake Blvd. and N. Peytonville Ave. The Current Zoning is "C -3" General Commercial District. The Land Use Category is Mixed Use. The Owner is Southridge Center, L.P. and the Applicant is Graham Associates. The property is located in SPIN Neighborhood #13. No written notices were required. Ms. Gandy stated further review found no 100 year flood plain on this property and, therefore, item #6 on the Plat Review Summary dated March 31, 1995 should be deleted. She further stated that this Final Plat substantially conformed with the previously approved Preliminary Plat. Also, a pre -mylar submittal has been received by Staff and the Applicant has met all recommended changes to the first Plat Review Summary with the exception of 5C. Chuck Starke, 616 Six Flags Dr., Arlington, was present to represent this item. Mr. Starke stated he has received the Plat Review Summary and corrections have been made, including 5C. G: \WPF \MTG \MIN \04- 06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 11 Motion was made to approve ZA 95 -35 Final Plat for Southridge Center subject to the first Plat Review Summary dated March 31, 1995, deleting item #6 showing limits of 100 -year flood plain. Motion: McGarity Second: Murphy Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Approved: 6 -0 Chairman Wright advised Staff and the audience to go to agenda item #17 for the Public Hearing for the Corridor Study. Agenda Item #17, Adoption of the Corridor Study Director Last informed the Commission that before them was the March 31st draft of the Corridor Study regulations for S.H. 114, F.M. 1709, and F.M. 1938 Corridors. He commented that Dennis Wilson, the Consultant working with the City on the project over the past year, and Rowland Jackson, a Landscape Architect, are here to answer any questions. Director Last made additional comments pertaining to the current draft document, citizen input and the direction the Commission wants to proceed with revising the regulations. He then discussed right -of -way planned designations for S. Carroll Ave. with the Commission. Public Hearing David Harris, 920 Ownby Lane, said most of audience is here from the Southview Addition and from the addition to the North and they are all concerned with what direction Carroll Ave. is going to take. Will it be a five lane road or will it be a divided boulevard? He said he is not adverse to commercial development to the East of Carroll Ave., however, development should be compatible to residential and efforts should be made to insure buffers and setbacks along Carroll Ave. as it relates to their neighborhood. When the property develops there will be more traffic. Mr. Harris feels a timetable should be given to the residents of Southview on both the widening of Carroll Ave. and the development to the East so residents will know where they stand. Mat Deno, 400 Southview Trail, brought up issues dealing with the Neighborhood Preservation Ordinance and Chairman Wright said this was another item to be addressed at another time. Juergen Strunk, 200 N. Carroll, brought up concerns with bufferyards, setbacks, urban design guidelines, and commented the Corridor Study should also address cross streets and not just main arterials. Trash receptacles located at the back of businesses in the view of neighboring Southlake citizens was also a concern. G: \WPF\MTG \ MIN \04- 06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 12 Richard Lawrence, 520 Southview Tr., stated there are inconsistencies in the regulations. Language such as "6 -story buildings, as determined to be appropriate and to serve the patrons" is undefinable and unclear. His understanding of the regulations require retail to have access to the arterials. Implementation of Village Center will dramatically impact Carroll Ave. Minimizing driveway access along the Corridors will ultimately place more driveways on Carroll Ave. at Village Center which will be a big burden to the residents of Southview. Chairman Wright commented that commercial development to the East of Carroll Ave. could start in one year or twenty years. There is no time table at this time. Jerry Curan, 925 Southcrest Ct., President of Southview Homeowners Association. commented his understanding is that the City of Southlake will be moving their location in the future and if the City is so thrilled with Village Center, why are they moving. Chairman Wright stated Council will make that final decision and will probably take into consideration that the existing tract of land is not large enough for a new City Hall and the City will probably not want to pay the price that will be asked for additional land. Mr. Curan also said he echoes the sentiments of the previous speakers. Becky McMichael, 350 Binkley Ct., stated she is a former City Attorney. She thinks the City can accommodate Village Center in a way that makes everyone happy if the City makes the right decisions now. Richard McMichael, 350 Binkley Ct., Vice President of Southview Homeowners Association brought up the Master Trail Plan issue of enough room to put a trail along Carroll Ave. Knowing the intended ROW of Carroll Ave. would allow residents of Southview to know how much room is going to be available between the street and the wall. The amount of curb cuts dumping onto Carroll Ave. will help determine traffic issues. Expansion of Carroll Ave. crossing F.M. 1709 was addressed. Mr. McMichael suggested that another arterial street be considered to the West of Walmart and East of Village Center to help alleviate retail traffic. Bufferyard issues on the East side of Carroll Ave. were also discussed further. Becky Smith, 675 Bentwood Lane, stated Carroll Ave. should be constructed before commercial develops across the street from Southview Addition. She feels residents should be kept updated with what is happening in the future. Jim Martin, owner of Jellico Corner, stated he came to hear discussion on the Corridor Study which involves S.H. 114, F.M. 1709 and F.M. 1938, and so far, he has heard comments on Carroll Ave. only. He suggested the meeting agenda be followed and everyone get together and talk about Carroll Ave. at another time. G: \ W PF\MTG \MIN \04- 06 -95. W PD Planning and Zoning Meeting April 6, 1995 Page 13 Ron Maness, 420 Ravenaux, stated one reason the charter amendments failed was due to not enough information being provided to the citizens for them to make an informed vote. He sees the same thing happening here. He feels the citizens should have more information and this item should be tabled and given more time. He does not understand the urgency since there is already an abundance of land zoned commercial. He said "Don't sacrifice quality for speed." Chairman Wright disagreed and said there was a need to do something with all the changes that were rapidly happening in Southlake. Dennis McGrath, 2403 N. Carroll, stated he has seen different groups come in and get different things in various parts of the City. He asked the Commission not to look at what the external people want but to first look at the citizen's inputs even though it might cost the developers more. If decisions are made that start off at the high end, and are later found to not work, we can come back later with change. Scott Martin, 591 E. Dove Rd., stated some of the better higher quality items suggested by the expert Consultants were deleted that he feels should be put back in. These include a greater control of parking in front of buildings, going back to larger bufferyards, and maybe consideration of setbacks in regards to these. He hates to see the City diminishing what the experts have spent many months and many of the Southlake tax dollars studying and putting propositions before us only to have them diminished. Mr. Martin feels we can have good development in Southlake and we do need to decide things quickly, however, communication with citizens is important and it may be logical to include Carroll Ave. in the Study as it relates to buffering. And, although there is no development on the East side of Carroll Ave. at this time, limitation of access onto Carroll Ave. should be considered and put in the regulations. The Commission discussed comments made by the citizens and discussed recommended changes and additions were made to the entire Draft No. 2 of the Corridor Study. After discussion of the ordinance, Director Last said he would take the comments addressed at this meeting and the prior comments not included in this Draft and have a revised draft ready to discuss at a later Planning and Zoning meeting. Director Last stated that copies of the updated draft will be made available to interested parties to pick up on April 26, 1995 in the afternoon. Chairman Wright clarified that even though wording has changed since the inception of the regulations, this does not mean they have been eliminated. What we have right now are a bunch of suggestions and we are not at a final stage. The Commission and Staff are making an effort to try to figure out a compromise that will allow things to happen. Motion was made to table Adoption of the Corridor Study to the May 4, 1995 Planning and Zoning Meeting and continue the Public Hearing. G: \WPF\MTG \ MIN \04 -06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 14 Motion: McGarity Second: Arnold Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Approved: 6 -0 Agenda item #18 was acted upon out of agenda order. Agenda Item #18. Ordinance No. 480-S. Amendments to the Zoning Ordinance No. 480 Chairman Wright read the agenda description for this item and opened the Public Hearing. Public Hearing. No Comments. Chairman Wright commented since this item runs hand -in -hand with the Adoption of the Corridor Study previously discussed, this item should also be tabled. Motion was made to table Ordinance No. 480 -S, Amendments to the Zoning Ordinance No. 480 to the May 4, 1995 Planning and Zoning Meeting and continue the Public Hearing. Motion: Hobbs Second: Murphy Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Approved: 6 -0 Chairman Wright called a recess at 12:00 midnight and the meeting reconvened at 12:10 a.m. Agenda Item #13, Revisions to Subdivision Ordinance No. 483 -D, Section 3.03(D29) and Section 3.07(B.) Zoning Administrator, Karen Gandy, informed the Commission that the request is for Revisions to Subdivision Ordinance No. 483 -D, Section 3.03(D29) amending Final Plat submittal requirements, and Section 3.07(B.) amending the requirement for an Avigation Easement for properties within the Airport Overlay Zone. She stated that the actual Avigation Easement had been provided to the Commissioners and this language was the outcome of many meetings between the City Attorneys and the DFW Attorneys. She explained the process for an Avigation Easement. G: \WPF\MTG \ MIN \04- 06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 15 Chairman Wright stated he has read the easement and has given a lot of thought to this particular item and he will vote against it. He feels it is entirely in the airport's favor and the City gets nothing in return and he is opposed to it. The airport has not taken into consideration their own more recent study that says these noise corridors are not as large as what they show to be, and they won't give up on that point even though their study is the one that says the corridors are smaller. Ms. Gandy clarified the airport is basing this on the 1974 EIS and not the more recent EIS. Chairman Wright also said the airport is fighting court cases using the more current study saying it is correct and then are turning around and telling Southlake the 1974 EIS is the correct study. Commissioner McGarity sees no mechanism that this easement will ever be abandoned or done away with and wording in the easement does include perpetual. He is disturbed with language that refers to 1000' above mean sea level. Since Southlake is approximately 600' above sea level we are giving them the right to fly anything over 400' above Southlake homes. He feels that in no way should an easement be required as a condition of zoning since there would be a lot of land not affected by the easement. Property should not have this as a cloud upon the title for all the property within the zoning case and should only be done at the platting or building stage. Commissioner Murphy expressed concerns of sending this forward to City Council with a denial considering how much of the taxpayer's money has already been spent and will continue to be spent if this is denied. He is wondering what the best outcome will be if Planning and Zoning denies this because it does not feel good about this. Director Last stated the attorneys have spent a lot of time and negotiations on this. Chairman Wright asked what the attorneys negotiated for the City of Southlake and Director Last explained the easement would allow the City to make a good faith effort by providing notification to anyone acquiring land that they are in that easement and make them aware that there might be an impact because of it. Public Hearing. John Moore stated this is not good for the City of Southlake and if this request goes forward before the City Council, he will speak against it. Scott Martin, 591 E. Dove Rd., agreed with what has been discussed. He stated he now lives under a noise cone and no one informed him of this when he bought his property. He suggested there should be some other mechanism to notify potential purchasers of property other than to give the airport this indefinite easement. Public Hearing Closed. G: \WPF \MTG \MIN \04- 06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 16 Motion was made to Deny Revisions to Subdivision Ordinance No. 483 -D, Section 3.03(D29) and Section 3.07(B.). Reasons for denial are the Avigation Easement is written to the favor of Dallas/Fort Worth Airport and is not in any way beneficial to the City of Southlake; it is based on a study that is over 20 years old and which the airport has acknowledged is obsolete; there is no mechanism to ever abandon an easement and it exists to perpetuity; it gives the airport the right to fly 400' above Southlake homes which is far too low; and under no condition should we require an avigation easement as a condition of zoning since zoning could encompass land that would never be affected by an Avigation Easement. Motion: McGarity Second: Tate Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Approved: 6 -0 to Deny Agenda Item #14, ZA Revisions to Zoning Ordinance No. 480 -P, Section 43 Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for 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. Members of the Commission suggested this should not be approved for the same reasons as in the previous discussion related to the subdivision ordinance. Ms. Gandy clarified that this affects only the property located in the 65 and 75 LDN. Public Hearing. John Moore stated his sentiments were the same and this is not good for the City of Southlake. Public Hearing Closed. Motion was made to Deny Revisions to Zoning Ordinance No. 480 -P, Section 43. Reasons for denial are the Avigation Easement is written to the favor of Dallas/Fort Worth Airport and is not in any way beneficial to the City of Southlake; it is based on a study that is over 20 years old and which the airport has acknowledged is obsolete; there is no mechanism to ever abandon an easement and it exists to perpetuity; it gives the airport the right to fly 400' above Southlake homes which is far too low; and under no condition should we require an avigation easement as a condition of zoning since zoning could encompass land that would never be affected by an Avigation Easement. Motion: Tate Second: Arnold G: \WPF\MTG \ MIN \04- 06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 17 Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Approved: 6 -0 to Deny Agenda Item #15. Revisions to Zoning Ordinance No. 480 -R Zoning Administrator, Karen Gandy, informed the Commission that the request is for Revisions to Zoning Ordinance No. 480 -R permitting "Full Service Car Washes." Ms. Gandy stated Council has directed Staff to bring this request before the Commission and her recommendations are as follows: this would require a Specific Use Permit if the property is zoned "C3 ": this would be approved with a Site Plan and not a Concept Plan; this would require sanitary sewer be available; this would be located on a major arterial and have proper traffic circulation; there would be a minimum of ten stacking places on property so there is no spill -over onto the surrounding roadway; there would be a parking ratio of 1 to 200 sq. ft. of total floor area; and the wash bays and gasoline service area would be offset on the site so you don't see lines and lines of cars. This will somewhat lessen the impact of that use. The Commission discussed various scenarios with Staff. Public Hearing. Dennis McGrath, 2403 N. Carroll, would like to see the exit door be the only thing allowed to be seen from the front arterial. He would like to see the vacuuming and cleaning located in the back. Public Hearing Closed. Motion was made to approve Revisions to Zoning Ordinance No. 480 -R changing the wording related to a minimum of ten stacking spaces so it uses language similar to other ordinances in surrounding cities that says two- thirds of minimum spaces may be tandem spaces for cars awaiting wash or vacuum and include everything else as presented by Ms. Gandy. Motion: McGarity Second: Tate Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Approved: 6 -0 Agenda Item #16. Adoption of Driveway Ordinance No. 634 Planner, Tom Elgin, advised the Commission that before them was Draft No. 3 of the Driveway Ordinance. However, since this draft Mr. Elgin has received comments from the City Attorney, the G: \WPF\MTG \ MIN \04- 06 -95. WPD Planning and Zoning Meeting April 6, 1995 Page 18 City Engineer and the Fire Marshal that are not in this draft. Given this, he suggested that comments be heard from the audience. He also stated the diagram in this draft does not correspond to the driveway spacing table and he would like to discuss this with the Commission. Dean Henigsman, 12660 Coit Road, Dallas, Kenway Horne & Assoc., a transportation traffic engineering firm, was hired by property owners on the Southeast corner of Kimball and F.M. 1709 and asked them to interpret the document and what impact it will have on that corner. His firm is currently doing Thoroughfare Design Guidelines for Council of Governments which is a summary and general recommendations used as a guide for Cities modifying their design guidelines. Issue of driveway spacing and right -of -way from the centerline was discussed. What is shown is different than what is typical in most cities and this was discussed in detail. He stated discrepancies turned up in the table and text. His client has requested that this be tabled and his firm work with Staff to discuss these issues. Jim Makens, 2220 Airport Frwy., Bedford, agrees with previous speaker and stated that curb cuts on major arterials should be less than 200' and more in the 100' range. Dennis McGrath, 2403 N. Carroll, brought up problems with the right -in and right -out turn lanes such as the one at the Taco Bell, and how they are abused. Steve Harriam, Howell Wood & Company, 1845 Preceinct Line Rd., Hurst, stated he is in full support of Mr. Makens' comments. This would protect the small property owners and allow them to sell to pad users. This would assure the small property owner of sustaining the value of his property. Hank Quigg, The Richmond Group, 12200 Stemmons Frwy, #207, Dallas, discussed the distance between curb cuts. Scott Martin, 501 E. Dove Rd., feels the recommended standards are fairly reasonable. When this all began 500' was the recommendation and it is now cut in half to 250'. The right -in and right -out is a workable situation. Small parcels can be addressed separately. He agrees with the Consultants and feels there recommendations should be followed. Motion was made to table the Adoption of Driveway Ordinance No. 634 to the April 20, 1995 Planning and Zoning Meeting and continue the Public Hearing. Motion: Hobbs Second: Murphy Ayes: McGarity, Arnold, Murphy, Wright, Tate and Hobbs Nays: none Approved: 6 -0 G: \W PF\MTG \MIN \04- 06 -95. W PD Planning and Zoning Meeting April 6, 1995 Page 19 The meeting was adjourned at 1:30 a.m. Lanny Tate, Vice - Chairman ATTEST: 6,a Bobbye Shire, Community Development Secretary G: \ W PF\MTG \MIN \04 -06 -95 . W PD