1995-05-18 P&Z Meeting City of Southlake, Texas
REGULAR PLANNING AND ZONING COMMISSION MEETING MAY 18, 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 the Minutes of the Regular Planning and Zoning Commission Meeting of
May 4, 1995.
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 1C1D. 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 -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.
Continue Public Hearing.
6. Consider: ZA 95 -41, Rezoning for 2.0 acres situated in the T.J. Thompson Survey,
Abstract No. 1502, Tract 1B2. Location: East side of F.M. 1938 (Davis Blvd.).
approximately 425' North of W. Continental Blvd. Current Zoning: "AG"
Agricultural; Requested Zoning: "C -3" General Commercial District. Owner:
Dr. Gene White; Applicant: Brad White. SPIN Neighborhood #15.
Public Hearing.
7. Consider: ZA 95 -42, Rezoning and Concept Plan for The Highlands Addition, being
23.321 acres of land situated in the R.R. Paden Survey, Abstract No. 1255,
Tracts 3A, 3B, 3C and 3D. Location: East side of S. Peytonville, adjacent to
Carroll High School and Stone Lakes Addition. Current Zoning: "AG"
Agricultural; Requested Zoning: "SF -20A" Single - Family Residential District.
Owner: Stephen W. Smith; Applicant: Terra Land Development Company.
SPIN Neighborhood #13.
Public Hearing.
City of Southlake, Texas
8. Consider: ZA 95 -43, Preliminary Plat for The Highlands Addition, being 23.321 acres of
land situated in the R.R. Paden Survey, Abstract No. 1255, Tracts 3A, 3B, 3C
and 3D. Location: East side of S. Peytonville, adjacent to Carroll High School
and Stone Lakes Addition. Current Zoning: "AG" Agricultural; Requested
Zoning: "SF -20A" Single - Family Residential District. Owner: Stephen W.
Smith; Applicant: Terra Land Development Company. SPIN Neighborhood
#13.
Public Hearing
9. Consider: ZA 95 -44, Plat Revision of Lots 1 -A, 1 -B and 1 -C, Block 1, Kimball /1709
Addition, being a 5.1245 acre tract of land situated in the Samuel Freeman
Survey, Abstract No. 525, and being a revision of Lot 1, Block 1, Kimball /1709
Addition and a portion of former Kimball Avenue, as shown on the Plat
recorded in Cabinet A, Slide 146, Plat Records, Tarrant County, Texas.
Location: East side of Kimball Ave., adjacent to Short Ave. and S.H. 114.
Current Zoning: "C -3" General Commercial District. Owner /Applicant:
Hanover Development Co. SPIN Neighborhood #4.
Public Hearing.
10. Consider: ZA 95 -45, Final Plat for Lonesome Dove Estates, Phase II, being 34.543 acres
situated in the N.E. Thompson Survey, Abstract No. 1563. Location: North of
Emerald Estates, East of North Carroll Avenue, South of Burney Lane, and West
of Lonesome Dove Avenue. Current Zoning: "R- P.U.D." Residential Planned
Unit Development; Owner /Applicant: Hat Creek, Ltd. SPIN Neighborhood #3.
11. Consider: ZA 95 -46, Final Plat for Monticello Estates, Phase Two, being 26.044 acres
situated in the James Thornhill Survey, Abstract No. 1505 and the P.J. Hyde
Survey, Abstract No. 667. Location: East of S. Peytonville Ave., West of S.
White Chapel Blvd., on the North side of W. Continental Blvd. Current Zoning:
"R- P.U.D." Residential Planned Unit Development. Owner /Applicant:
Monticello Estates Joint Venture. SPIN Neighborhood #14.
12. Consider: ZA 95 -47, Rezoning for 3.44 acres situated in the J.G. Allen Survey, Abstract
No. 18, being a portion of Tract 2C31 and the entire Tract 2C32. Location:
South side of Johnson Road, adjacent to Jellico Estates and Timberline Estates.
Current Zoning: "AG" Agricultural; Requested Zoning: "SF -1A" Single - Family
Residential District. Owner /Applicant: Viran Nana. SPIN Neighborhood #16.
Public Hearing.
13. Consider: Adoption of the Corridor Study for S.H. 114, F.M. 1709, and F.M. 1938
Corridors.
Continue Public Hearing.
City of Southlake, Texas
14. 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.
Continue Public Hearing.
15. Discussion: Revisions to Zoning Ordinance No. 480 -Q establishing special regulations for
development adjacent to residential areas.
Continue Public Hearing.
16. 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, May 12, 1995 at 5:00 p.m., pursuant to the Texas
Government Code, Chapter 551.
4/44 ��� s
�1 y
Sandra L. LeGrand .r,
City Secretary ���,
40„ 'nwuuu stot
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: \WPF\MTG \AGN \05- 18 -95. WPD
REGULAR PLANNING AND ZONING
COMMISSION MEETING
MAY 18, 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; City Engineer, Ron Harper; and Community Development
Secretary, Bobbye Shire (outgoing) and Laurie Sheets (incoming).
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 May 04, 1995, Planning and Zoning Commission
Meeting.
Motion: Johnson
Second: Tate
Ayes: McGarity, Arnold, Murphy, Wright, Tate, and Hobbs
Nays: none
Approved: 7 -0
Agenda Item #3, Administrative Comments
Community Development Director, Greg Last, introduced Laurie Sheets and advised the
Commission that she will be filling the position of Community Development Secretary effective
May 18, 1995. Bobbye Shire has transferred to the City's Department of Public Safety. Director
Last commended Ms. Shire's hard work within the department.
Agenda Item #4, ZA 95 -16, Final Plat for Oakwood Pond
Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for
the Final Plat of Oakwood Pond, being 6.192 acres situated in the J. W. Chivers Survey, Abstract
No. 350, Tract 1 C 1 D. The location is on the northeast corner of E. Dove St. and Ridgecrest Dr. The
Current Zoning is "SF -1A" Single- Family Residential District. The Land Use Category is Low
Density Residential. The Owner and Applicant is Tom Miller. The property is located in SPIN
Neighborhood #3. No written notices were required. The Planning and Zoning Commission tabled
this item from previous meetings on February 23, 1995, March 23, 1995, April 06, 1995, and May
04, 1995, pending the Applicant and his engineer working out the drainage concerns for this
property.
Tom Miller, 5604 Oak Top Dr., Colleyville, was present to represent this item.
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PAGE 2
Director Last stated that although this was not a public hearing he had received a letter from Roger
Hurlbut requesting permission to address the Commission on the drainage issue.
Permission was granted from the Commission.
Roger Hurlbut, 4025 Woodland Park Blvd., Suite 190, Arlington, was present to represent Wendell
L. and Terri L. Burton, 1021 Quail Run Road in Quail Creek Estates. Mr. Hurlbut is the attorney
for Mr. and Ms. Burton.
Mr. Hurlbut stated that his client's property "has been subjected to heavy flooding from one or both
of two ponds." Mr. Hurlbut indicated that the ponds were created by damming the natural water
flow and that this redirection of the concentration and direction of natural drainage created the
flooding problem that should have been identified and rectified at the time of platting the Quail
Creek Addition. Mr. Hurlbut had written letters to the property owners, Tom Miller, John Shelton,
and Stephen Coxsey, on whose land the ponds are located; however, Mr. Miller was the only
individual that responded. Mr. Hurlbut would like for the Commission to consider that the altered
natural water flow created the flooding on his clients' property. He respectfully requested that the
Commission not approve the Final Plat until a proper drainage study had been performed for the
area.
City Engineer Ron Harper indicated that the drainage study for this particular location and property
had been done by Cheatman & Assoc. approximately two years ago. Mr. Harper pointed out that
the outlet structure that Mr. Hurlbut has referred to is not on the Miller property; and the City is
trying to work with Mr. Shelton to acquire the easement over what Mr. Hurlbut calls the "dam
structure." However, Mr. Shelton is not willing to grant one at this time. Mr. Harper indicated that
the ponds have been in existence for at least thirty to forty years.
The Commission agreed that there was no reason to deny the Final Plat because the City already has
a drainage study in house.
Motion was made to approve ZA 95 -16 Final Plat for Oakwood Pond subject to the staff review
letter dated May 12, 1995.
Motion: Arnold
Second: Johnson
Ayes: McGarity, Arnold, Johnson, Murphy, Wright, Tate, and Hobbs
Nays: none
Approved: 7 -0
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PAGE 3
Agenda Item #5. ZA 95 -33 Preliminary Plat for Huse Homeplace
Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for the
Preliminary Plat for Huse Homeplace, being 16.63 acres situated in the R. D. Price Survey, Abstract
No. 1207, Tract 2C. The location is adjacent and north of Quail Creek Estates Addition and adjacent
and west of Harbor Oaks Addition. The Current Zoning is "SF -1A" Single - Family Residential
District. The Land Use Category is Low Density Residential. The Owner is Peggy Denton and the
Applicant is H. Creek Development. The property is located in SPIN Neighborhood #3. Fifteen
written notices were sent to property owners within the 200' notification area and four written
responses (three opposed and one undecided) were received within the area. The Planning and
Zoning Commission tabled this item from previous meetings on April 6, 1995 and May 4, 1995 and
continued the public hearing.
Tom Mathews, P.O. Box 92988, Southlake, was present to represent H. Creek Development Co.
Mr. Mathews stated that the plat was the same exhibit that was used on the Zoning Applications and
Zoning Approval. Mr. Mathews stated, per the meeting with the homeowners, that they have added
a minimum living area of 3200 square feet, minimum 10:12 roof pitch, minimum 300 lb.
composition roof, no solid fences along any property lines, split rail fence along the equestrian trail,
and all buildings must be approved by the architectural control committee. Mr. Mathews indicated
that they would plan to continue the equestrian trail along the rear of the property with one
modification, instead of carrying it to the northern end, cut it across the property at the narrow point
on Lot 10. Mr. Mathews stated that his company and the homeowners do not want a public access
into the trail system. Mr. Mathews indicated that non -curb and gutter streets were to be used. He
indicated that if the City required bar ditches he would provide an additional 5' easement on each
side of the 50' ROW for drainage.
Chairman Wright opened the Public Hearing.
Dennis McGrath, 2403 N. Carroll Ave., Southlake, stated that it was his understanding that the
subdivision ordinance required either a 50' R.O.W. with curb and gutter or a 60' R.O.W. and bar
ditches.
Rod Zielke, 1090 Burney Lane, Southlake, in Harbor Oaks Addition, stated that it was his
understanding that the type of road Mr. Mathews planned to construct was a rural section that would
match the streets in Harbor Oaks, that the equestrian easement proposed along the east side of the
development (adjacent to Harbor Oaks residences) would not be a public easement and that he
favored larger lot sizes.
Linda Stewart, 2920 Burney Lane, Southlake, in Harbor Oaks Addition, is in favor of the equestrian
easement along the back of the Harbor Oaks property lines and does not want it to become a public
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PAGE 4
access. Ms. Stewart commented on some problems in the cul -de -sac relating to heavy traffic,
property damage, noise pollution, trash, and kids congregating and walking across that property.
Ray Chancellor, 890 Harbor Court, Southlake, opposed to a public equestrian trail that runs along
the back of the Harbor Oaks properties.
Diane Packard, 875 Harbor Court, Southlake, inquired about the width of the proposed streets and
whether they would be curb and gutter.
The Commission agreed that under the ordinance a street within a 50' R.O.W. under the ordinance
would require curbing and guttering. Chairman Wright indicated that it was not in the Commission's
jurisdiction to dictate to Mr. Mathews what kind of street he puts in and that the subject before them
was the 50' R.O.W.
Chairman Wright closed the Public Hearing.
Motion was made to approve ZA 95 -33 Preliminary Plat for Huse Homeplace subject to the staff
review letter dated March 31, 1995, modifying item #10 to allow a private easement (for the benefit
of this subdivision's residents and Harbor Oaks' residents) which will be maintained by the
Homeowners' Association.
Motion: McGarity
Second: Johnson
Ayes: McGarity, Arnold, Johnson, Murphy, Wright, Tate, and Hobbs
Nays: none
Approved: 7 -0
Agenda Item #6. ZA 95 -41 Rezoning Request
Zoning Administrator Karen Gandy informed the Commission the Applicant's request is for the
Rezoning of 2.0 acres situated in the T. J. Thompson Survey, Abstract No. 1502, Tract 1B2. The
location is on the east side of F.M. 1938 (Davis Blvd.), approximately 425' north of West
Continental Blvd. The Current Zoning is "AG" Agricultural and the Requested Zoning is "C -3"
General Commercial District. The Land Use Category is Industrial. The Owner is Dr. Gene White
and the Applicant is Brad White. The property is located in SPIN Neighborhood #15. Fourteen
written notices were sent out to property owners within the 200' notification area and two written
responses in favor were received within the area.
Brad White, 1369 Knox Road, Roanoke, Texas, was present to represent this item.
Chairman Wright opened the Public Hearing.
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PAGE 5
June Haney (SPIN #15 Representative), 400 Brock Dr., Southlake, stated that she is not opposed,
but is concerned about noise, lighting, fencing, and hours of operation and the impact these issues
will have on adjacent residential properties. Ms. Haney would like to see the new structure match
Southlake Marketplace.
Robert VanTil, 101 Quail Run, Colleyville, Texas, (manages the Davis Industrial Partners located
directly north of the subject site) feels that the requested zoning is in keeping with the area, that
services are necessary, and that the proposed use will be a good thing for the community.
Chairman Wright closed the Public Hearing.
Motion was made to approve ZA 95 -41 Rezoning Request.
Motion: Johnson
Second: Murphy
Ayes: McGarity, Arnold, Johnson, Murphy, Wright, Tate, and Hobbs
Nays: none
Approved: 7 -0
Chairman Wright called a recess at 9:00 p.m. and the meeting reconvened at 9:12 p.m.
Agenda Item #7, ZA 95 -42. Rezoning and Concept for Park Place Estates (advertised as The
Highlands Addition)
Zoning Administrator Karen Gandy informed the Commission the Applicant's request is for the
approval of the Rezoning and Concept Plan for Park Place Estates, being 23.321 acres of land
situated in the R. J. Paden Survey, Abstract No. 1255, Tracts 3A, 3B, 3C and 3D. The location is
on the east side of S. Peytonville, adjacent to Carroll High School and Stone Lakes Addition. The
Current Zoning is "AG" Agricultural and the Requested Zoning is "SF -20A" Single - Family
Residential District. The Owner is Stephen W. Smith and the Applicant is Terra Land Development
Company. The Land Use Category is Medium Density Residential. The property is located in SPIN
Neighborhood #13. Ten written notices were sent to property owners within the 200' notification
area and three written responses (one in favor and two opposed) were received within the area. Ms.
Gandy pointed out that she received one of the letters in opposition from Brandon Baker just prior
to the meeting. A copy of the letter was given to the Commission.
Bobby Harrell, 920 S. Peytonville Ave., Southlake, was present to represent Terra Land
Development Co., 920 Peytonville Ave., Southlake.
When asked by the Commission if the development met curvilinear design requirements, Mr. Harrell
stated that it did and that the lotting design attempted to save as many trees as possible. Regarding
staffs review letter, he stated that he had no problem with any of the required comments except item
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#4C which he asked to have deleted because negotiations with Naomi Morrison Johnson (adjacent
owner to the south) resulted in the lot layout shown. This layout provided fewer houses next to Ms.
Johnson's home which is located on a larger lot. In response to the question regarding the type of
fence and landscaping proposed along S. Peytonville Ave., Mr. Harrell indicated that he preferred
a masonry fence (possibly concrete split -rail) with landscaping; however, no final decision had been
made at this time.
Chairman Wright opened the Public Hearing.
Brandon Baker, 620 S. Peytonville Ave., Southlake, located in Baker Estates, directly west of this
property, opposed the request and would like to see some restrictions regarding the square footage
of the houses and to be assured that the development will not increase the water flow into Baker
Estates. Mr. Baker inquired about the actual number of trees which will remain and asked that all
lots meet the 20,000 s.f. minimum.
Chairman Wright responded that prior to filing the Final Plat all lots will be a minimum of 20,000
s.f.
Chairman Wright closed the Public Hearing.
Pete Henderson, Goodwin & Marshall Inc., 6001 Bridge St., Suite 100, Fort Worth, Texas, stated
to the Commission that the Final Plat has been submitted and that all lots are shown as 20,000 s.f.
Motion was made to approve ZA 95 -42, Rezoning and Concept Plan for the Park Place Estates,
subject to staff review letter dated May 12, 1995, deleting item #4C (30,000 s.f. lots /125' minimum
rear lot width requirement along the south).
Motion: Tate
Second: Hobbs
Ayes: Arnold, Murphy, Wright, Tate, and Hobbs
Nays: McGarity and Johnson
Approved: 5 -2
(Dissenting Commissioners were opposed for the following reasons: McGarity -- gridded lotting
design and non - compliance with item #4C on review letter (30,000 s.f. lots /125' minimum rear lot
width requirement); Johnson -- non - compliance with review comment #4C.
Agenda Item #8, ZA 95 -43, Preliminary Plat for Park Place Estates (advertised as The Highlands
Addition)
Zoning Administrator Karen Gandy informed the Commission the Applicant's request is for the
Preliminary Plat for Park Place Estates, being 23.321 acres of land situated in the R. J. Paden Survey,
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Abstract No. 1255, Tracts 3A, 3B, 3C and 3D. The location is the east side of S. Peytonville,
adjacent to Carroll High School and Stone Lakes 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 Owner is Stephen W. Smith and the Applicant
is Terra Land Development Company. The property is located in SPIN Neighborhood #13. Ten
written notices were sent to property owners within the 200' notification area and three written
responses (one in favor and two opposed) were received within the area. Ms. Gandy pointed out
that the responses were the same as the prior request (Rezoning /Concept Plan.)
Bobby Harrell, 920 S. Peytonville Ave., Southlake, was present to represent Terra Land
Development Co., 920 Peytonville Ave., Southlake.
Mr. Harrell indicated to the Commission that the landscaping, irrigation, and fencing will be in the
easement, not in the R.O.W. The landscaping will be in front of the fencing. There will be a
homeowners' association which will maintain the land between the R.O.W. and the fence.
Chairman Wright opened the Public Hearing.
Rex Potter (SPIN #13 Representative), 303 Waterford Court, Southlake, expressed concern about
the impact of drainage on properties in the Stone Lakes Development.
Chairman Wright closed the Public Hearing.
Motion was made to approve ZA 95 -43, Preliminary Plat for Park Place Estates subject to staff
review letter #2 dated May 12, 1995, deleting item #2C (the requirement for 30,000 s.f. lots on Lots
3, 11 -14, Block 2 and minimum 125' rear lot width on Lots 12 & 13, Block 2 along the south
property line.)
Motion: Murphy
Second: Arnold
Ayes: McGarity, Arnold, Johnson, Murphy, Wright, Tate, and Hobbs
Nays: none
Approved: 7 -0
Agenda Item #9, ZA 95 -44, Plat Revision of Lots 1R1, 1R2. and 1R3. Block 1, Kimball /1709
Addition
Zoning Administrator Karen Gandy informed the Commission the Applicant's request is for the Plat
Revision of Lots 1R1, 1R2, and 1R3, Block 1, Kimball /1709 Addition, being a 5.1245 acre tract of
land situated in the Samuel Freeman Survey, Abstract No. 525, and being a revision of Lot 1, Block
1, Kimball /1709 Addition and a portion of former Kimball Avenue, as shown on the Plat recorded
in Cabinet A, Slide 146, Plat Records, Tarrant County, Texas. The location is the east side of
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Kimball Ave., adjacent to Short Ave. and S.H. 114. The Current Zoning is "C -3" General
Commercial District. The Land Use Category is Mixed Use. The Owner and Applicant is Hanover
Development Co. The property is located in SPIN Neighborhood #4. No additional notices were
required to be sent because all properties within the 200' notification area are owned by Hanover
Development Co.
Gary Teague, Teague Nall & Perkins Consulting Engineers, 915 Florence St., Fort Worth, Texas,
was present to represent Hanover Development Co., 8255 Douglas, Suite 805, Dallas, Texas.
Mr. Teague stated that the purpose of the Replat is to create three lots, with the middle lot being
reserved for a McDonald's site. There will be a subsequent Replat following the R.O.W.
Abandonment of Short Avenue. Mr. Teague commented that they have reviewed the staff comments
and have no problem making adjustments required by the staff. There will be a Common Access
Easement coming through 1R2 and extending to the south to align up with the median opening in
South Kimball Ave. This will insure optimum traffic circulation for the McDonald's site and future
land users.
Chairman Wright opened the Public Hearing.
No discussion from the audience.
Chairman Wright closed the Public Hearing.
Motion was made to approve ZA 95 -44, Plat Revision subject to staff review letter dated May 12,
1995.
Motion: Johnson
Second: Murphy
Ayes: McGarity, Arnold, Johnson, Murphy, Wright, Tate, and Hobbs
Nays: none
Approved: 7 -0
Agenda Item #10. ZA 95 -45. Final Plat for Lonesome Dove Estates, Phase II
Zoning Administrator Karen Gandy informed the Commission the Applicant's request is for the Final
Plat for Lonesome Dove Estates, Phase II, being 34.543 acres situated in the N. E. Thompson
Survey, Abstract No. 1563. The location is north of Emerald Estates, east of North Carroll Avenue,
south of Burney Lane, and west of Lonesome Dove Avenue. The Current Zoning is "R- P.U.D."
Residential Planned Unit Development. The Land Use Category is Medium Density Residential.
The Owner and Applicant is Hat Creek, Ltd. The property is located in SPIN Neighborhood #3. No
additional written notices were required to be sent.
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PAGE 9
John Levitt, J. E. Levitt Engineers Inc., 726 Commerce, Suite 104, Southlake, was present to
represent Tom Mathews and Hat Creek Ltd., P.O. Box 92988, Southlake.
Mr. Levitt had no problem with the staff review letter and will address all comments.
Motion was made to approve ZA 95 -45, Final Plat for Lonesome Dove Estates, Phase II, subject
to staff review letter dated May 12, 1995.
Motion: McGarity
Second: Hobbs
Ayes: McGarity, Arnold, Johnson, Murphy, Wright, Tate, and Hobbs
Nays: none
Approved: 7 -0
Agenda Item #11, ZA 95 -46, Final Plat for Monticello Estates, Phase Two
Chairman Wright stepped down and Vice - Chairman Tate presided over this item.
Zoning Administrator, Karen Gandy, informed the Commission that the Applicant's request is for
the Final Plat for Monticello Estates, Phase Two, being 26.044 acres situated in the James Thornhill
Survey, Abstract No. 1505 and the P. J. Hyde Survey, Abstract No. 667. The location is east of S.
Peytonville Ave., west of S. White Chapel Blvd., on the north side of W. Continental Blvd. The
Current Zoning is "R- P.U.D." Residential Planned Unit Development. The Land Use Category is
Medium Density Residential/100 -Year Flood Plain. The Owner and Applicant is Monticello Estates
Joint Venture. The property is located in SPIN Neighborhood #14. No additional notices were
required to be sent.
Terry Wilkinson, 1 Gentry Court, Trophy Club, Texas, was present to represent Monticello Estates
Joint Venture, 930 Parkview Lane, Southlake.
Pete Henderson with Goodwin and Marshall, 6001 Bridge St., Fort Worth, stated that he needed
clarification on item #5C regarding the easements. Mr. Henderson indicated that they will rededicate
whatever easements are necessary to handle the drainage and the water line on the Final Plat. Mr.
Henderson commented on an issue that was not on the staff review letter concerning the existing
sewer line and easement which were dedicated by metes and bounds. He stated that a small portion
of it needed to be abandoned and the sewer realigned in the street.
Director Last indicated that the Council is the only body that can give up a public right and the
Commission does not have the authority to abandon the easement on a plat.
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Motion was made to approve ZA 95 -46, Final Plat for Monticello Estates, Phase Two subject to staff
review letter dated May 12, 1995.
Motion: Hobbs
Second: Murphy
Ayes: McGarity, Arnold, Johnson, Murphy, Tate, and Hobbs
Nays: none
Abstained: Wright
Approved: 6 -0 -1
Agenda Item #12, ZA 95 -47, Rezoning Request
Zoning Administrator Karen Gandy informed the Commission the Applicant's request is for the
Rezoning for 3.44 acres situated in the J. G. Allen Survey, Abstract No. 18, being a portion of Tract
2C31 and the entire Tract 2C32. The location is the south side of Johnson Road, adjacent to Jellico
Estates and Timberline Estates. The Current Zoning is "AG" Agricultural and the Requested
Zoning is "SF -1A" Single - Family Residential District. The Land Use Category is Low Density
Residentia1/100 -Year Flood Plain. The Owner and Applicant is Viran Nana. The property is located
in SPIN Neighborhood #16. Fourteen written notices were sent to property owners within the 200'
notification area and one written response opposed was received within the area and one written
response undecided outside of the area.
Viran Nana, 2701 Ave. E. East, Suite 412, Arlington, Texas, was present to represent this item.
Mr. Nana stated his intent was to build a home on the lot. Mr. Nana also indicated that he did like
trees.
Chairman Wright opened the Public Hearing.
No discussion from the audience.
Chairman Wright closed the Public Hearing.
Motion was made to approve ZA 95 -47, Rezoning.
Motion: McGarity
Second: Murphy
Ayes: McGarity, Arnold, Johnson, Murphy, Wright, Tate, and Hobbs
Nays: none
Approved: 7 -0
Agenda Item #13. Adoption of the Corridor Study for S.H. 114, F.M. 1709, and F.M. 1938 Corridors
Chairman Wright advised the audience that this item was for the Adoption of the Corridor Study for
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S.H. 114, F.M. 1709, and F.M. 1938 Corridors.
Motion was made to table this item until June 08, 1995, and continue the public hearing.
Motion: McGarity
Second: Murphy
Ayes: McGarity, Arnold, Johnson, Murphy, Wright, Tate, and Hobbs
Nays: none
Approved: 7 -0
Agenda Item #14 Ordinance No. 480 -S, amendments to the Zoning Ordinance No. 480
Chairman Wright advised the audience that this item was for 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 overlay zones.
Public Hearing Continued.
Juergen Strunck, 200 N. Carroll Ave., Southlake, indicated his concerns on how the Corridor Study
is defined on the map and where "C -4" is allowed. Mr. Strunck indicated to the Commission that
the nursery yards are not appropriate, that staff should check Albertson's to see if they meet the 3:1
articulation guidelines, and that the Commission should consider requiring trees in parking lots. Mr.
Strunck addressed the issue of the irrigation and maintenance of landscaped areas. Mr. Strunck also
wanted to know why the front building setback from the street is further than rear setback from
adjacent residences. This is not sufficient.
Scott Martin, 1591 E. Dove, Southlake, stated that the Village Center should be considered as an
entire property. As written, there is a loophole to be used that the standards do not apply to platted
properties outside of the 100' distance from the R.O.W.. It should specify a minimum of three types
of trees in the bufferyard to prevent a disease from eliminating all of the trees.
Agenda Item #15, Revisions to Zoning Ordinance No. 480 -0
Revisions to Zoning Ordinance No. 480 -Q establishing special regulations for development adjacent
to residential areas.
Motion was made to table this item until June 8, 1995, and continue the public hearing.
Motion: McGarity
Second: Murphy
Ayes: McGarity, Arnold, Johnson, Murphy, Wright, Tate, and Hobbs
Nays: none
Approved: 7 -0
REGULAR PLANNING AND ZONING
COMMISSION MEETING MINUTES
MAY 18, 1995
PAGE 12
The meeting was adjourned at 12:00 a.m.
'(./\_.)
Joe WC t, Chairman
ATTEST:
_ 3 464,
Laurie Sheets
Community Development Secretary
•
BUSH, FULTON, HURLBUT & MORRISON, P.C.
ATTORNEYS AND COUNSELORS AT LAW
ROBERT L. RUSSELL BUSH 4025 WOODLAND PARK BLVD.. SUITE 1 90 TELEPHONES
PETER H. FULTONt ARLINGTON, TEXAS 7601 3 (817) 274 -5992
ROGER L. HURLBUT (METRO) 261 -5791
JEFFREY A. MORRISON May 18, 1995 FAX (81 7) 261 -1 67 1
CLAY ROARK
JAY REYNOLDS
RUSSELL E. CLINAGE
t ALSO LICENSED IN MASSACHUSETTS
Mr. Curtis Hawk FAX TRANSMISSION: 488 -5097
City Manager
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Mr. Greg Last
Director of Planning
Community Development
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Re: ZA95 -16 Final Plat for Oakwood Pond, being 6.192 acres
situated in the J.W. Chivers Survey, Abstract No. 350,
Tract 1C1D. Location: Northeast corner of E. Dove St.
and Ridgecrest Dr. Current Zoning: "SF-IA" Single -
Family Residential District. Owner /Applicant: Tom
Miller. SPIN Neighborhood #3.
Agenda Item 4: 5/18/95 P &Z Meeting
FLOODING OF 1021 QUAIL RUN ROAD, SOUTHLAKE, TEXAS
(the "Property ")
Gentlemen:
My clients, Wendell L. Burton and wife, Terri L. Burton
(collectively "Burtons "), own the property located at 1021 Quail
Run Road, Southlake, Texas. This Property is their residence.
Their Property has been subjected to heavy flooding from one
or both of two ponds located to the west of their Property. This
flooding threatens to be continued with further rains.
The first of these ponds is partly situated on property
owned by Tom Miller for which he has requested final plat
approval ( "Oakwood Pond "). It is our understanding that the
other portion of this pond is owned by a Mr. John Shelton.
Presently the Burtons are involved in a dispute concerning
Mr. Miller and Mr. Shelton as to the overflow of water from their
pond. Additionally, they have attempted communication with the
owner of the second pond which may also be contributing to the
Mr. Curtis Hawk
Mr. Greg Last
May 18, 1995
Page 2
drainage of water onto their Property. It is our information
that the owner of the second pond is a Mr. Stephen Coxsey.
Water drainage from the pond on Mr. Miller's land has been
artificially diverted and redirected into an unnatural drainage
channel which eventually flows through the Burtons' lot. The
water drainage should naturally drain to the south into a creek.
However, that drainage path has been blockaded by the pond's dam.
However, the pond is being maintained so that the water is
diverted to the north before taking a turn to the east,
eventually spilling onto the Burtons' lot.
My clients object to the approval of any plat concerning
Oakwood Pond (or other property owned by Tom Miller upon which
any portion of the first pond is located) unless water drainage
from the pond onto their Property is halted.
It is our understanding that it is the policy of the City of
Southlake to resolve drainage issues at the development stage of
the preliminary /final plat. However, it is our information that
Mr. Miller has not presented to the City a preliminary drainage
study or a final drainage study concerning either Oakwood Pond or
the drainage situation affecting the Burtons.
Accordingly, the Burtons request that Mr. Miller be required
to submit both a preliminary and final drainage study to the City
before any further consideration be given to approval of any
platting of his property. Moreover, they request that Mr. Miller
be required to direct the flow of water from his pond into the
natural creekbed drainageway.
The Burtons' Property is not the only residential property
which is subjected to this flooding. Lots to immediately to the
Burtons' lot have also been flooded. The impact upon other
"downstream" property owners should also be of great concern to
the Planning and Zoning Commission and City Council.
Accordingly, the Burtons respectfully request that approval
of the final and any other plat submitted by Mr. Miller for the
above property be withheld until appropriate engineering studies
and development provisions have been made to accommodate this
urgent situation.
If you have any questions or are in need of further
information or clarification regarding this matter, please feel
free to call me.
Mr. Curtis Hawk
Mr. Greg Last
May 18, 1995
Page 3
Respectfully yours,
2d
ROGER L. HURLBUT
RLH:clr
cc: Ms. Karen P. Gandy (Fax)
Zoning Administrator; and
Members of Planning and Zoning Commission
Mr. and Mrs. Wendell L. Burton
REF NO. :( CID' ' " RK PLACE" ON S. PEYTONVILLE
WE ARE OPPOSED TO THE REQUEST TO REZONING FOR THE FOLLOWING
REASONS:
1 This single family development of houses on 1/2 acre lots
effect the "country atmosphere" that many of us moved here for. A
survey of homeowners on South Peytonville will show homes with
acreage except for Chimney Hill at the very end of the road.
Airport Estates is apparently platted for only 3.5 acre lots. Re-
zoning down to 20,000 sq. ft. lots is Not a 'smooth transition'!
2 We would also like to see some minimum size (square foot)
restrictions on these houses that complement the neighborhood,
not devalue future property values.
3 Drainage (water runoff) down stream is one of our greatest
concerns. How can this be properly handled to eliminate any more
erosion /flooding? We (and the city) had tens of thousands of
dollars worth of excavating done last year to control drainage.
We know first hand the tremendous amount of water that flows west
and south through our property! What will 50% more runoff
(calculated amount from roofs, driveways, and streets) mean down
stream?
4 How many trees will be lost due to this development?
6 The copy of the proposed plat shows lots that do not appear
to even be 20,000 sq. ft. I would like the dimensions verified.
5 Would the environment and our community be better served
with a less dense development of larger lot sizes, such as 3.5
acre lots like the "Airport Estates "? This would maintain a
rural atmosphere, reduce water runoff, and offer greater
potential for appreciation of property values.
[If some form of re- zoning does pass, we would like to see the
city ask for guarantees of a high quality type of perimeter
fences installed, in addition to landscaping as a buffer.]
Sincerely,
Brandon & Kay Baker
620 S. Peytonville
S / / /y�
THE STATE OF TEXAS *
*
COUNTY F TAR' , NT *
I
I, as a member of the PT,ANNTNn ANn 7nNTNn rf oncSI0N
make thi affidavit and hereby on oath state the following: I,
and /or a person or persons related to me, have a substantial
interest in a business entity that would e ecu,,l arl /4� (� affeed by
a vote or decision of the - as
those terms are defined in Chapter 171, Texas Local Government Code.
1
The business entity is ci I/
930 PARKVTFW.SOUTHLAKE TX 76092
(name and address)
I have a substantial interest in this business entity for the
following reasons: (Check all which are applicable)
v Ownership of 10% or more of the voting stock or
shares of the business entity.
G Ownership of 10% or more or $5,000 or more of the
fair market value of the business entity.
Funds received from the business entity exceed 10%
' //r- of gross income for the previous year.
L R eal property is involved and
have an equitable or legal ownership with a fair
market value of at least $2,500.
A relative of mine has a substantial interest in the
business entity or property that would be affected
by a decision of the public body of which I am a
member.
Upon filing of this affidavit with the City Secretary, I affirm
that I will abstain from voting on any decision involving this
business entity and from any further participation on this matter
whatsoever.
Signed this /Y day of iki") / , 19 9,.. .
(ll r va ‘.. ) -'"------
Signature of offici 1
eS - -1 ------- - ct 2 ,
Title
BEFORE th A }�r/dersigned authority, this day personally appeared
/VDU- !� and on oath stated that the
facts h einabove stated are true to the best of / <27
knowledge or belief. /
Sworn ctp and subscribed to fore me on this /5 day of
19,', h , , ,
PG � � 7,,,, l YOWL' /
49 , SANDRA L LE6AAND Notary Public in and for
* NOTARY PUBLIC
4A. OF" Comm. State of Texas the State of Texas
a
Comm. Exp. 0204.97
My Commission xpir- :
Type /Print Notary's Name