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1995-08-03 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING AUGUST 3, 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 July 20, 1995. 3. Administrative Comments. 4. Consider: ZA95 -70, Plat Showing for Lots 1, 2, & 3, W.R. Eaves No. 500 Addition, being 3.351 acres situated in the W.R. Eaves Survey, Abstract No. 500, Tract 2B. Location: 1800' West of N. Peytonville Ave., 350' East of Randol Mill Ave., and on the north side of W. Southlake Blvd. (F.M. 1709). Current Zoning: "C -2" Local Retail Commercial District. Owner /Applicant: DKV (Sutton) Partners II L.P., Drews Realty Group, General Partners. SPIN Neighborhood #13. Continue Public Hearing. 5. Consider: ZA95 -68, Final Plat for Timarron Golf Villas, being 48.072 acres situated in the Hollingsworth & Barnett Survey, Abstract No. 797 and the M.W. Davenport Survey, Abstract No. 432. Location: South of Byron Nelson Parkway and adjacent to Timarron Golf Course. Current Zoning: "R- P.U.D." Residential Planned Unit Development. Owner /Applicant: Timarron Land Corporation. SPIN Neighborhood #9. 6. Consider: ZA95 -73, Rezoning and Concept Plan for Solana (Residential), being 199.2 acres situated in the W. Medlin Survey, Abstract No. 1958, the U.P. Martin Survey, Abstract No. 1015, being portions of Tracts 1A1, 2A2, 2A3, 2A5, 2A7, the R.D. Price Survey, Abstract No. 1207, being all of Tracts 1, 1B, 1C, 1C1, 1D, 1D1, 1E, 1E1, 1F, 1F1, 1G, 1H, 1J1, 3A, 3A1, 3A1A, 3A1A1, 3A1A2, 3A2, 3A3, 3A3A, 3A3A1, 3A4, 3A4A, 3A4B, 3C, 4A, 4A1, 4B, 4B1, 4B2, and the James B. Martin Survey, Abstract No. 1134, being a portion of Tract 1, and includes all of Lot 4, Block A, MTP -IBM Addition No.1 as recorded in Volume 388 -211, Page 68, P.R.T.C.T. and Cabinet G, Slide 208, P.R.D.C.T. Location: Northeast of Northwest Parkway (S.H. 114), East of East T.W. King Road, North of West Dove St., and West of North White Chapel Blvd. Current Zoning: "C -3" General Commercial District," CS" Community Service District, City of Southlake, Texas REGULAR PLANNING AND ZONING AGENDA AUGUST 3, 1995 PAGE 2 "P.U.D." Planned Unit Development District; Requested Zoning: "R- P.U.D.," Residential Planned Unit Development. Owner: MTP -IBM Phase II & III Joint Venture; Applicant: Maguire Thomas Partners. SPIN Neighborhood #2. Public Hearing. 7. Consider: ZA95 -74, Rezoning and Concept Plan for Solana (Non- Residential), being 127.2 acres situated in the U.P. Martin Survey, Abstract No. 1015, being portions of Tracts 1A1 , 1 C, 2A, 2A1, 2A2, 2A5, 2A6, 2A7, and the James B. Martin Survey, Abstract No. 1134, being portions of Tracts 1 and 1C. Location: Northeast of Northwest Parkway (S.H. 114), South of Kirkwood Boulevard and North of West Dove Road. Current Zoning: "C -3" General Commercial District, "CS" Community Service District, and "P.U.D." Planned Unit Development District; Requested Zoning: "NR- P.U.D." Non - Residential Planned Unit Development District ", "C -3" General Commercial District, "0-2" Office District, "HC" Hotel District, and "CS" Community Service District. Owner: MTP -IBM Phase II & III Joint Venture; Applicant: Maguire Thomas Partners. SPIN Neighborhood #2. Public Hearing. 8. Consider: ZA95 -75, Plat Revision of Lots 5R1 and 5R2, Block 5, Second Installment, Diamond Circle Estates, being 2.044 acres situated in the W.W. Hall Survey, Abstract No. 687, and being a revision of Lot 5, Block 5, Diamond Circle Estates as shown on the Plat recorded in Volume 9496, Page 1119, Plat Records, Tarrant County, Texas. Location: South of Emerald Blvd.. and North and West of Pearl Dr. Current Zoning: "SF- 1A" Single Family Residential. Owner: June D. Stevenson; Applicant: Dennis Luers. SPIN Neighborhood #10. Public Hearing. 9. Consider: ZA95 -76, Preliminary Plat for Lots 1 -6, Block 1, and Lots 1 -7, Block 2, Village Center, being 44.328 acres situated in the T. Mahan Survey, Abstract No. 1049 and being a portion of Tract 6 and also being Lot 3, Block 1 of the previously approved Preliminary Plat of Farrar Addition and all of Lot 1, Block 1 of the Farrar Addition as recorded in Cabinet A, Slide 1539, P.R.T.C.T. Location: South and adjacent to East Northwest Parkway (S.H. 114) and North and adjacent to East Southlake Blvd. (F.M. 1709), approximately 1000' West of Kimball Ave. Current Zoning: "C- 3" Commercial District. Owner: James Farrar, et. al.; Applicant: The Midland Development Group. SPIN Neighborhood #4. Public Hearing. City of Southlake, Texas REGULAR PLANNING AND ZONING AGENDA AUGUST 3, 1995 PAGE 3 10. Consider: Revisions to Zoning Ordinance No. 480 -Q establishing special regulations for development adjacent to residential areas. Public Hearing. 11. 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, July 28, 1995 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. o"""a" an f,..4.(A\A i w Sandra L. LeGrand City Secretary g If you plan to attend this public meeting an. ?F + isability that requires special needs, please advise the City Secretary 48 hours in advance at 481 -5581 extension 704, and reasonable accommodations will be made to assist you. G:\ W PF \MTG \AGN \08- 03 -95. W PD REGULAR PLANNING AND ZONING COMMISSION MEETING AUGUST 3, 1995 MINUTES COMMISSION PRESENT: Chairman Joe Wright; Members: Ernest Johnson, James Murphy, Arthur Hobbs, Rex Potter, and Dona Schroetke COMMISSION ABSENT: Randy Arnold CITY STAFF PRESENT: Director Greg Last, Zoning Administrator Karen Gandy, Planner Tom Elgin, Engineer Ron Harper, City Manager Curtis E. Hawk, Betsy Elam with the City Attorney's Office, and Secretary Laurie Sheets The meeting was called to order by Chairman Wright at 7:30 p.m. Agenda Item #2, Approval of Minutes Vice - Chairman Johnson commented on the following items: 1) page four, fourth paragraph, second paragraph , the word "foot" needs to be replaced with the word "lift "; 2) page seven, second paragraph needs to reflect that the street White Chapel was not a right -of -way problem and should be deleted; 3) page nine, fourth paragraph, the last sentence needed to be rechecked for clarity with the recording tape; 4) page ten, the first paragraph should also reflect "that there is an on -road route "; and 5) page eleven, last paragraph of agenda item #9, first sentence, the word "through" should be changed to "between ". Director Greg Last commented that the reason why the word "through" is used there is because the Trail Master Plan reflects the trail going through the subdivision. Vice - Chairman Johnson recommenced taking the word "houses" out of the sentence. Motion was made to approve the Minutes of the July 20, 1995 Planning and Zoning Commission Meeting as amended. Motion: Murphy Second: Hobbs Ayes: Wright, Johnson, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 6 -0 (Planning and Zoning Meeting, 08- 03 -95, tape 1, section #0 -100) REGULAR PLANNING AND ZONING MINUTES AUGUST 3, 1995 PAGE 2 Agenda Item #3, Administrative Comments Director Greg Last addressed the Commission on the following information: 1) the agenda for the upcoming North Central Texas Council Of Governments Training Session was inserted in the Planning and Zoning Packet, and if anyone would like to attend, to contact Laurie Sheets; 2) private streets pamphlet and the copy of the Driveway Ordinance was inserted in their Planning and Zoning Packet for their review; and 3) the Corridor Study, as approved by the City Council, will be distributed as soon as it is available. Zoning Administrator Karen Gandy informed the Commission that agenda item #9, ZA95 -76, Preliminary Plat for Village Center, per the applicant, has a request to table until the August 17, 1995 Planning and Zoning Meeting. (Planning and Zoning Meeting, 08- 03 -95, tape 1, section #100 -134) The following agenda item was acted upon out of order. Agenda Item #9, ZA95 -76, Preliminary Plat Motion was made at the applicant's request to table ZA95 -76, Preliminary Plat for Village Center, Lots 1 -6, Block 1, and Lots 1 -7, Block 2 to the August 17, 1995 Planning and Zoning Meeting and continue the public hearing. No Commission discussion. Motion: Hobbs Second: Johnson Ayes: Wright, Johnson, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 6 -0 (Planning and Zoning Meeting, 08- 03 -95, tape 1, section #134 -160) REGULAR PLANNING AND ZONING MINUTES AUGUST 3, 1995 PAGE 3 Agenda Item #4, ZA95 -70, Plat Showing Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the Plat Showing of Lots 1, 2, & 3, W.R. Eaves No. 500 Addition, being 3.351 acres situated in the W.R. Eaves Survey, Abstract No. 500, Tract 2B. The property is located 1800' West of N. Peytonville Ave., 350' East of Randol Mill Ave., and on the north side of W. Southlake Blvd. (F.M. 1709). The current zoning is "C -2" Local Retail Commercial District. The owner and applicant is DKV (Sutton) Partners II L.P., Drews Realty Group, General Partners. The property is located in SPIN Neighborhood #13. Eight written notices were sent out to property owners within the 200 feet notification area, and the Staff has not received any written response. On July 20, 1995, the Commission granted the request of the applicant to table this item to the August 3, 1995 Planning and Zoning Meeting and continue the public hearing. John Drews (Drews Realty Group), 5440 Harvest Hill Road, Suite 150, Dallas, Texas 75230, was present to represent this item. Commissioner Murphy asked Mr. Drews if there were any concerns with the comments noted on the Plat Review Letter Summary dated July 28, 1995. Mr. Drews commented there were no concerns and the staff comments would be applied to the Plat Showing. Commissioner Potter asked Mr. Drews about the utility easement on the plat and the drainage on the pond. Mr. Drews commented that it is a detention pond located on Myers Meadows which drains to the west and enters in Ms. Brown's property. Engineer Ron Harper commented that the pond drains just north of Ms. Brown's property, comes down the bar ditch along Randol Mill Avenue, and goes under Southlake Boulevard (F.M. 1709). Commissioner Potter asked if the water drained across the proposed property. Engineer Ron Harper commented that the water flow is not designed to drain across the property noted for the Plat Showing proposal. Commissioner Potter inquired about the utility easement on Lot 1 and if it was the starting point for sewer. Mr. Drews confirmed that the design reflects that this will be the location of the sewer. Commissioner Potter asked Mr. Drews how the plan will affect the trees in the common area between the back of the property and Myers Meadows. Mr. Drews commented that there is a large bank of trees that runs across the back of the property and there is no intention of touching the trees in the proposed plat. The trees will be within the bufferyard area. Chairman Wright opened the public hearing. No discussion from the audience. Chairman Wright closed the public hearing. REGULAR PLANNING AND ZONING MINUTES AUGUST 3, 1995 PAGE 4 Motion was made to approve ZA95 -70, Plat Showing of Lots 1, 2, and 3, W.R. Eaves No. 500 Addition subject to Plat Review Summary dated July 28, 1995. No Commission discussion. Motion: Hobbs Second: Potter Ayes: Wright, Johnson, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 6 -0 (Planning and Zoning Meeting, 08- 03 -95, tape 1, section #160 -348) Agenda Item #5, ZA95 -68, Final Plat for Timarron Golf Villas Chairman Wright stepped down on this item and Vice - Chairman Johnson chaired the meeting. Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the Final Plat for Timarron Golf Villas, being 48.072 acres situated in the Hollingsworth & Barnett Survey, Abstract No. 797 and the M.W. Davenport Survey, Abstract No. 432. The property is located South of Byron Nelson Parkway and adjacent to Timarron Golf Course. The current zoning is "R- P.U.D." Residential Planned Unit Development. The owner and applicant is Timarron Land Corporation. The property is located in SPIN Neighborhood #9. No written notices were required to be sent to property owners within a 200 feet notification area due to the fact that it is a Final Plat. On July 20, 1995, the Planning and Zoning Commission granted the request of the applicant to table this item to the August 3, 1995 Planning and Zoning Meeting. Staff finds that the Final Plat substantially conforms to the previously approved Preliminary Plat. Commissioner Potter asked the Staff for clarification on comment #3A (15' access easements crossing the subject tract should be abandoned by separate instrument executed by the beneficiaries, and labeled as "15' Access Easement Vol. , Pg. , abandoned by instrument recorded in Vol. , Pg. .) in the Plat Review Summary dated July 28, 1995. Director Greg Last indicated that the item reflects a 15 feet utility and access easement being abandoned by separate instrument and being labeled on the plat as an abandoned document; this is mainly for title tracking purposes. Steve Yetts ( Timarron Land Corporation), 300 E. Carpenter Freeway, Suite 1425, Irving, Texas 75062, was present to represent the item. REGULAR PLANNING AND ZONING MINUTES AUGUST 3, 1995 PAGE 5 Motion was made to approve ZA95 -68, Final Plat for Timarron Golf Villas subject to Plat Review Summary dated July 28, 1995. No Commission discussion. Motion: Murphy Second: Hobbs Ayes: Johnson, Murphy, Hobbs, Potter, and Schroetke Abstain: Wright Nays: none Approved: 5 -0 -1 (Planning and Zoning Meeting, 08- 03 -95, tape 1, section #348 -449) Vice - Chairman Johnson turned the meeting back over to Chairman Wright. Vice - Chairman Johnson stepped down on the next two agenda items. Agenda Item #6, ZA95 -73, Rezoning and Concept Plan for Solana (Residential) Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the Rezoning and Concept Plan for Solana (Residential), being 199.2 acres situated in the W. Medlin Survey, Abstract No. 1958, the U.P. Martin Survey, Abstract No. 1015, being portions of Tracts 1A1, 2A2, 2A3, 2A5, 2A7, the R.D. Price Survey, Abstract No. 1207, being all of Tracts 1, 1B, 1C, ICI, 1D, 1D1, 1E, 1E1, 1F, 1F1, 1G, 1H, 1J1, 3A, 3A1, 3A1A, 3A1A1, 3A1A2, 3A2, 3A3, 3A3A, 3A3A1, 3A4, 3A4A, 3A4B, 3C, 4A, 4A1, 4B, 4B1, 4B2, and the James B. Martin Survey, Abstract No. 1134, being a portion of Tract 1, and includes all of Lot 4, Block A, MTP -IBM Addition No.1 as recorded in Volume 388 -211, Page 68, P.R.T.C.T. and Cabinet G, Slide 208, P.R.D.C.T. The property is located Northeast of Northwest Parkway (S.H. 114), East of East T.W. King Road, North of West Dove St., and West of North White Chapel Blvd. The current zoning is "C -3" General Commercial District," CS" Community Service District, and "P.U.D." Planned Unit Development District. The requested zoning is "R- P.U.D." Residential Planned Unit Development. The owner is MTP -IBM Phase II & III Joint Venture. The applicant is Maguire Thomas Partners. The property is located in SPIN Neighborhood #2. Twenty -four written notices were sent out to property owners within the 200 feet notification area; four property owners within and one outside the area responded. The Concept Plan proposes Kirkwood Boulevard to be extended through the project, separating the Residential P.U.D. from the Non - Residential P.U.D. to the west. Tom Allen (Maguire Thomas Partners), Nine Village Circle, Suite 500, Westlake, Texas 76262, was present to represent this item. REGULAR PLANNING AND ZONING MINUTES AUGUST 3, 1995 PAGE 6 Mr. Allen stated that the changes advised by the Staff have been made. Mr. Allen presented a letter dated August 3, 1995 that addressed the Staffs comments to the plan. Mr. Allen informed the Commission that there will be no frontage roads on the property and they will control the access utilizing Kirkwood Blvd. All of the right -of -way property either has been given or has been committed to given to the Texas Department of Transportation (TxDOT). The plan will not propose a street connection onto White Chapel Road. The development proposes mixed use with concentration in the "office" district. The primary mission of the development is the commercial portion and proposes adding a residential component which is the "key" to the mixed use project. The portion of the property that is heavily concentrated with trees will not have commercial development. The plan proposes to extend Kirkwood Boulevard through the property to Dove. Putting in the road is "enormously expensive" and cannot be justified with any single office deal. The road has to cross two creeks. There will be two classifications of residential districts; single family and multi - family. The proposal is for 199 acres of Planned Unit Development that will conform to the Residential Unit Development Guidelines which require 2.18 units per acre. The City's multi - family guidelines limits density to 12 units per acre which generally is economically feasible but they intend to accommodate and comply with the guideline. Mr. Allen requested a modification to the rear yard setback in the 15,000 square feet product from the 40 feet proposed to 25 feet. The tract is one of the largest properties left with extensive tree coverage; the 25 feet rear setback will allow them to back up the houses and save trees in the front yards. Commissioner Potter asked Mr. Allen if the development has maps of the phases and requested the time span between the development of the phases. Mr. Allen replied that the phases will consist of: 1) Phase A which will consist of approximately 70 lots with a minimum 15,000 feet lot area requirement; 2) Phase B will be located north of Phase A, composed of approximately 32 lots on 30 acres; 2) Phase C will be located north of the creek, and the design will probably resemble Phase B; and 3) Phase D will be the north and/or south tracts which are currently not completely planned because of the request for ancillary and multi- family uses on those tracts. Commissioner Schroetke asked Mr. Allen if the property had a proposed Preliminary Plat and if the applicant would build on the development. Mr. Allen stated they would do the land development and there would be builders doing the home construction. REGULAR PLANNING AND ZONING MINUTES AUGUST 3, 1995 PAGE 7 Chairman Wright asked Mr. Allen about the product type C that is not reflected on the Concept Plan. Mr. Allen stated that the single family would reflect type A and B, and multi - family would reflect type C and D which will include apartment and duplex living facilities. Director Greg Last stated that the two- family dwelling in the Zoning Ordinance is "MF -1" which is considered a multi - family district. The Concept Plan reflects the general land use intended and the multi - family general land use consists of the two - family and multi - family districts. Commissioner Potter asked Mr. Allen for clarification on product type D on the minimum square feet on floor area for a one bedroom apartment. The Concept Plan submitted request 650 square feet on the floor area; however, the City ordinance states a minimum 850 square feet floor area. Mr. Allen would like to request a variance for this requirement and will comply with the densities. Mr. Allen stated that the term "zero -lot line" has been changed to product "type B ". Commissioner Schroetke asked Mr. Allen if the plan could propose a condominium project as opposed to an apartment project in the multi - family district. Mr. Allen stated that it could be a possibility. Commissioner Hobbs asked Mr. Allen what type of houses will be built in the southeast portion which is proposed to consist of 48 lots. Mr. Allen commented that the lots will be no smaller than 15,000 square feet. Chairman Wright commented to Mr. Allen that the product type A regarding the height limitation is not noted and asked if they were going to follow the standard requirements. Mr. Allen commented that the standard requirements from the City will be followed. Chairman Wright commented that on product type B the applicant has requested a 15 feet front yard and a 5 feet side yard instead of the specified requirement stated in the zoning ordinance. Zoning Administrator Karen Gandy replied that the ordinance states that per a 20,000 square feet lot, the requirement is 35 feet for the front yard and 15 feet for the side yard; the zero -lot -line does not have any requirements. Mr. Allen commented that the proposed plan will reflect a small back yard to provide a bigger front yard. Zoning Administrator Karen Gandy commented that the maximum lot coverage is 30 %. Mr. Allen stated that the request is for 50% coverage and the reason is be able to build a single story home in that area. Commissioner Potter asked Mr. Allen about the common areas provided on the north and east side. Mr. Allen commented that they will meet with the Park Board on August 14, 1995 regarding the 30 feet dedication to the City for the Trail Master Plan. The plan will provide residents with open natural areas. Director Greg Last commented that the request is for dedicating the right -of -way width for the ultimate Thoroughfare Plan, and the trail system is outside of the right -of -way. The REGULAR PLANNING AND ZONING MINUTES AUGUST 3, 1995 PAGE 8 set backs will be based from the edge of the trail right -of -way. Chairman Wright asked Mr. Allen for the percentages of each product type to be developed on the property. Ed Waltz (Maguire Thomas Partners), 901 Main St., Dallas, Texas, was present to assist in presenting this item. Mr. Waltz commented that if the permitted 434 units were developed at 6,000 square feet lots, approximately 59.77 acres would be used plus sum additional acreage for the streets. Mr. Allen agreed to limit the 6,000 square feet product types to certain areas. Chairman Wright wanted to the know the total acres in the north and south portion. Maguire Thomas Partners commented that the north tract is approximately 36 acres and the southeast tract is approximately 25 acres. Mr. Allen request to reduce the rear lot requirement so he can keep the trees in the front yard. Commissioner Schroetke asked Mr. Allen if the park dedication area proposed any trails. Mr. Allen replied that it is in the plans. Chairman Wright commented that Kirwood Boulevard proposed a trail. Commissioner Potter asked Mr. Allen what he proposed in the bufferyards. Mr. Allen commented that he will have to comply with the regulations. Chairman Wright stated that at this phase, the Concept Plan only deals with the density and regulations. Director Greg Last suggested deferring the bufferyards until the uses are more clearly defined. Chairman Wright called for a recess at 9:40 p.m. Chairman Wright reconvened the meeting at 9:50 p.m. Chairman Wright opened the public hearing. Tony Tate, 2455 N. White Chapel, Southlake, Texas 76092, questioned the ancillary uses for the property noting that these were not identified on the Concept Plan mailed to the surrounding property owners. Director Greg Last commented that the Staff would not mind sending the residents in the 200 feet notification area revised information which designates the ancillary uses on the Concept Plan for clarification. Mr. Tate stated he would prefer a single family residential district in the southern portion. A multi - family district will not be beneficial to the City. Mr. Tate would not like a shopping center to be developed across from his property. Chairman Wright commented that the property is currently zoned under a "commercial P.U.D." Dennis McGrath, 2403 N. Carroll, Southlake, Texas 76092, suggested designating on the Concept REGULAR PLANNING AND ZONING MINUTES AUGUST 3, 1995 PAGE 9 Plan the commercial uses. Mr. McGrath recommended that the Land Use for this property be considered during the development phase of this property as low density even though it is categorized as medium density. Low density is established in the southeastern area of the project and should require a minimum of 30,000 square feet lots; the 15,000 square feet lots is too dense. Be specific in applying the 2.18 density to all phases of the development. Mr. McGrath recommended for the applicant to donate at least 10 acres to the school to decrease the burden on the school district. Mr. McGrath recommended the applicant do more than the park dedication since most of the area to be dedicated will be drainage ditches and useless land. John Tate 2465 N. White Chapel, Southlake, Texas 76092, is opposed to the smaller lot size proposal and commercial uses on the southern portion. John Smart, 1577 Randol Mill, Southlake, Texas 76092, is in favor of the proposed 12 units per acre; however, he is opposed to the multi - family proposal. Commissioner Hobbs commented that the only difference in the zoning request from the current zoning is the proposed "HC" District. Chairman Wright asked Mr. Allen the importance of the "HC" in the 10% ancillary request. Mr. Allen replied that they would be willing to drop the request for the "HC" District. Commissioner Hobbs recommended the restriction on type B units to a specific area. Mr. Allen commented that the proposed amendment could restrict this. Commissioner Hobbs asked Mr. Allen about the process on the construction of the road. Mr. Allen replied that due to the enormous cost, the road would have to be completed in phases. The proposed road will progress from the south. Chairman Wright asked Mr. Allen if the plan proposed connecting to White Chapel. Mr. Allen replied that it is not in the design of the plan to have any access to White Chapel. Commissioner Potter asked Mr. Allen if the plan had any proposal to enter T.W. King Road. Mr. Allen replied that Kirwood Boulevard would not have access to T.W. King Road. Commissioner Schroetke asked Mr. Allen if the proposal included commercial use on the southern portion. Mr. Allen commented that currently the property is zoned "C -3" General Commercial District which does allow commercial use. Chairman Wright stated that he does not want to take action on this due to the written notices sent to the residents which do not reflect the commercial uses for the property. He recommended sending out new notices to reflect the ancillary uses on the Concept Plan and taking the Concept Plan up again. Zoning Administrator Karen Gandy commented that courtesy letters will be sent out tomorrow. The letters will not be certified due to the fact the first letter was sent certified and if the REGULAR PLANNING AND ZONING MINUTES AUGUST 3, 1995 PAGE 10 Staff sent the information out certified, this would cause the case to be tabled for a month. Below is a list of requested items that were requested by Commissioner Hobbs for the applicant to present at the next meeting: 1) provide more percentages on the mixed use, 2) address lot coverage on product type B which proposed 25% of the lots shall be equal or less than 50% lot coverage, and 75% of the lots shall be equal or less than 40% lot coverage. Commissioner Potter requested to see the proposed phases and the anticipated timing of the phases. Chairman Wright commented that under the PUD Ordinance the Commission has the ability to ask for the proposed starting date and time table. Director Greg Last confirmed that their intent was to defer finalization on the bufferyards until the development plan and limit product type B to the northern parcel with a maximum of 70 units. Cara White (SPIN Neighborhood #1 Committee Member), 4475 Homestead Drive, Southlake, Texas 76092, commented that there will be a presentation for Spin Neighborhoods 1 -4 and 11 on August 10, 1995 from Mr. Allen on this proposal. The presentation will provide the residents with additional information which will include the commercial uses. Commission Discussion. Commissioner Potter asked the Staff about the courtesy letter that will be given to the residents in the required notification area. Director Greg Last commented that the notice that was sent out earlier did reflect a residential planned development. The Concept Plan did not reflect the ancillary uses although they are noted in the descriptive part of the narrative. The updated notices will reflect the ancillary uses. Motion was made to table ZA95 -73, Rezoning and Concept Plan for Solana (Residential) to the Planning and Zoning Meeting on August 17, 1995 and continue the public hearing. Motion: Hobbs Second: Murphy Ayes: Wright, Murphy, Hobbs, and Schroetke Nays: Potter Abstain: Johnson Approved: 4 -1 -1 REGULAR PLANNING AND ZONING AGENDA AUGUST 3, 1995 PAGE 11 Director Greg Last informed the Commission that it is probably the intent of the applicant at the next meeting to send the Commission a letter amending their request and address the Commission's comments. The submittal information that the Commission had received earlier regarding ZA95 -73 will be used along with the letter for the next submittal. If the Staff receives a revised Concept Plan or an amendment it will be provided to the Commission before the next meeting. Mr. Allen confirmed that a clarification letter will be issued before the next meeting regarding the issues addressed on this Concept Plan. (Planning and Zoning Meeting, 08- 03 -95, tape 1, section #449 -6885) Agenda Item #7, ZA95 -74, Rezoning and Concept Plan for Solana (Non- Residential) Tom Allen (Maguire Thomas Partners), Nine Village Circle, Suite 500, Westlake, Texas 76262, was present to represent this item. Mr. Allen requested that this item be tabled until the Planning and Zoning Meeting on August 17, 1995 and continue the public hearing. (Planning and Zoning Meeting, 08- 03 -95, tape 1, section #6885 -6978) Chairman Wright commented that they would open the public hearing to see if the audience would like to address any issues regarding the case submittal. Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the Rezoning and Concept Plan for Solana (Non- Residential), being 127.2 acres situated in the U.P. Martin Survey, Abstract No. 1015, being portions of Tracts 1A1, 1 C, 2A, 2A1, 2A2, 2A5, 2A6, 2A7, and the James B. Martin Survey, Abstract No. 1134, being portions of Tracts 1 and 1C. The property is located Northeast of Northwest Parkway (S.H. 114), South of Kirkwood Boulevard and North of West Dove Road. The current zoning is "C -3" General Commercial District, "CS" Community Service District, and "P.U.D." Planned Unit Development District. The requested zoning is "NR- P.U.D." Non - Residential Planned Unit Development District, "C -3" General Commercial District, "O -2" Office District, "HC" Hotel District, and "CS" Community Service District with the exception of excluding the tires, batteries, and automobile sales. The owner is MTP -IBM Phase II & III Joint Venture. The applicant is Maguire Thomas Partners. The property is located in SPIN Neighborhood #2. Three written notices were sent out to property owners within the 200 feet notification area, and the Staff has not received any written response. Chairman Wright wanted to clarify that the ancillary request is for "RE" Single Family Residential Estate District, "SF -1A" Single - Family Residential District with a minimum floor area of the main residence to be 2,000 square feet, "SF -1B" Single - Family Residential District with a minimum floor area of the main residence to be 1,500 square feet, "SF -30" Single - Family Residential District with REGULAR PLANNING AND ZONING AGENDA AUGUST 3, 1995 PAGE 12 a lot area of 30,000 square feet, "SF -20A" Single - Family Residential District with a lot area of 20,000 square feet, "SF -20B" Single - Family Residential District with a minimum floor area of the main residence to be 1,500 square feet, "MF -1" Two Family Residential District with a two family dwelling use permitted, "MF -2" Multiple Family Residential District which consist of apartments, condominiums, and townhouses. Zoning Administrator Karen Gandy confirmed the ancillary request by the applicant is correct which will not exceed 10% of the 127 acres. Tom Allen (Maguire Thomas Partners), Nine Village Circle, Suite 500, Westlake, Texas 76262, was present to represent this item. Again, Mr. Allen requested that this item be tabled until the Planning and Zoning Meeting on August 17, 1995 and continue the public hearing. Mr. Allen expressed that he would no like for ZA95 -73 or ZA95 -74 be passed without the other. Mr. Allen informed the Commission that during the 1989 rezoning of the property somehow "O -2" Office District had been overlooked and at this time it is only a "clean-up" regarding the district, and the "HC" Hotel District is the only additional district requested. The 10% ancillary use request will be located on the northern portion of the property which most of the location will be dedicated as open space and which will consist of approximately 12.7 acres. Commissioner Potter asked Mr. Allen why "SF -20A ", "SF -20B ", "MF -1 ", and "MF -2" were requested for ancillary uses. Mr. Allen commented that it is only due to the fact that the piece of land indicated for the different ancillary uses is a "very unusual piece of land" which is mainly composed of a hillside. Commissioner Hobbs asked Mr. Allen if all the entrances would be off Kirwood Boulevard. Mr. Allen confirmed that there would be no entrances from State Highway 114, but the property would have visible frontage to the highway. Commissioner Potter asked Mr. Allen if he would be receptive to taking off some of the requests for ancillary uses. Mr. Allen stated that the matter would be studied. Chairman Wright opened the public hearing. Dennis McGrath, 2403 N. Carroll Avenue, Southlake, Texas 76092, asked how does the density factor apply to the 13 acres ancillary use. Chairman Wright commented that the density fits into whatever the applicant chooses to build in; for example, "SF -20A" District is subject to 2.18 units per acres or "MF -1" District is subject to 12 units per acre. Motion was made to table ZA95 -74, Rezoning and Concept Plan for Solana (Non- Residential) to the August 17, 1995 Planning and Zoning Meeting and continue the public hearing. REGULAR PLANNING AND ZONING AGENDA AUGUST 3, 1995 PAGE 13 No Commission discussion. Motion: Murphy Second: Hobbs Ayes: Wright, Murphy, Hobbs, Potter, and Schroetke Abstain: Johnson Nays: none Approved: 5 -0 -1 (Planning and Zoning Meeting, 08- 03 -95, tape 2, section #0 -536) Agenda Item #8, ZA95 -75. Plat Revision Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the Plat Revision of Lots 5R1 and 5R2, Block 5, Second Installment, Diamond Circle Estates, being 2.044 acres situated in the W.W. Hall Survey, Abstract No. 687, and being a revision of Lot 5, Block 5, Diamond Circle Estates as shown on the Plat recorded in Volume 9496, Page 1119, Plat Records, Tarrant County, Texas. The property is located South of Emerald Blvd., and North and West of Pearl Dr. The current zoning is "SF -1A" Single Family Residential. The owner is June D. Stevenson. The applicant is Dennis Luers. The property is located in SPIN Neighborhood #10. Fourteen written notices were sent out to property owners within the 200 feet notification area; two property owners within the area responded. Dennis Luers, 203 E. NW Highway, Grapevine, Texas, was present to represent this item. Chairman Wright opened the public hearing. Christopher Garrett, 811 Pearl Drive, Southlake, Texas 76092, is concerned that the original plat that was completed around six years ago stated that the property consisted of 1.5 acres and the zoning required a minimum of 1 acre for development. However, the notice to this case that was sent to residents in the notification area reflected the property to be a little over 2 acres. On the west boundary of the original lot the dimensions of the western portion used to state 385 feet on that side and on the notice that was sent to residents in the notification area stated 401 feet. Chairman Wright requested a copy of the original plat. Zoning Administrator Karen Gandy presented Chairman Wright with a copy and confirmed that indeed it was 2 acres. Chairman Wright stated that the original plat had been filed at the Tarrant County Court House and the plat states the property to be 2.044 acres and the west line of the property states to be 401.37 feet. The filed plat was completed by a registered surveyor. Mr. Garrett stated that at the time he had bought his property that he probably did not get the copy of the official filed plat. The copy he had received was through a real estate agency. REGULAR PLANNING AND ZONING AGENDA AUGUST 3, 1995 PAGE 14 Chairman Wright closed the public hearing. Motion was made to approve ZA95 -75, Plat Revision of Lots 5R1 and 5R2, Block 5, Second Installment, Diamond Circle Estates subject to Plat Review Summary dated July 28, 1995. No Commission discussion. Motion: Johnson Second: Murphy Ayes: Wright, Johnson, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 6 -0 (Planning and Zoning Meeting, 08- 03 -95, tape 2, section #536 -899) Agenda Item #10, Zoning Ordinance No. 480 -Q Director Greg Last informed the Commission that the ordinance format had been modified. The "WHEREAS' have been changed. The third "WHEREAS" the Commission was concerned with stating the words "office, commercial, and industrial" have been changed to state "non- residential ". Vice - Chairman Johnson recommended the Staff to change page 1, line 35 and page 2, line 4, the word "residential" should be changed to "non- residential ". Director Greg Last informed the Commission that the following changes have been made per the recommendation from the Commission at the Planning and Zoning Commission Meeting on July 20, 1995: 1) Page 2, line 18, the P.U.D. 30.6 has been added. 2) The word "development" has been changed to the word "property" throughout the document. 3) Page 2, line 22, included the "four hundred feet" requirement. Vice - Chairman Johnson asked the Staff where in the text does it state about superseding the Corridor Study. Director Greg Last informed Vice - Chairman Johnson that it could be accommodated in the boiler plate in the end. Vice - Chairman Johnson commented that per the last discussion it was recommended to state in the ordinance that it would be the controlling ordinance. 4) Page 3, section 37.3, item 3, the wording "operate in such a manner" has replaced the REGULAR PLANNING AND ZONING AGENDA AUGUST 3, 1995 PAGE 15 previous language. 5) Page 4, section 37.3, item 5a, deleted the default categories due to the fact that all the default categories were the same as the previous categories with the exception of the roof, window, and door requirements on page 5. The default categories are the same language but stated in a different section of the text. 6) Page 5, the categories "display of merchandise" and "window and door requirements" were separated for clarification instead of being categorized in the same paragraph. Chairman Wright recommended the Staff to state that the mansard roof be required to go on all sides of the building. Commissioner Potter asked the Staff the location of where it will state that the ordinance supersedes any other ordinance provisions. Director Greg Last commented that an evaluation would have to be done to determine the location for the text. City Attorney Betsy Elam stated that it is important to state that this supersedes the requirements in the ordinance and if the plan is to apply this to residents within the Corridor District to specifically state it. Vice - Chairman Johnson inquired about the terminology "architectural attributes" and "cultural attributes" that was used on page 3, section 37.2. City Manager Curtis E. Hawk stated that it was the intent of City Attorney Allen Taylor to reflect the state statute which refers to architectural, cultural and historical. The word "historical" was not added. The definition "physical features of buildings and structures" for "architectural attributes" is stated on page 3, line 3. Vice - Chairman Johnson recommended the Staff to add on page 4, section 37.3, item 4, line 4, the words "single family" to reflect the wording "single family residential property". Director Greg Last stated that an understanding of this section is critical pertaining to the "no trash receptacles shall not be allowed within 100' of residential property". Commissioner Potter recommended the Staff delete the wording "100' of residential property ". Chairman Wright suggested stating the sentence "no trash receptacles shall be allowed within (blank) feet of residential property ". The Commission agreed to address this issue at the next meeting. Commissioner Schroetke asked the Staff about page 4, section 37.3, item 4, the last sentence which refers to the hours of operation of disposal of debris in trash receptacles. Planner Tom Elgin stated that the City has hours of operation for trash pick up on residential property, however, the hours of operation for trash pick up for commercial property is not stated. The Commission recommended the Staff to address the following items: 1) Page 4, section 37.3, item 5, first sentence, the wording "shall be designed, installed REGULAR PLANNING AND ZONING AGENDA AUGUST 3, 1995 PAGE 16 and maintained in such a manner" be stated "shall be of a compatible type ". Commissioner Potter stated that it also needed to be worded on item 5a, line 27 of the same page and section. 2) State the height perimeters on page 4, section 37.3, item 5, second sentence. 3) Change page 4, section 37.3, item 5a, on the heading the word "no" needs to be reworded. 4) Page 4, section 37.3, item 5a, the first sentence states "property within 400' contains fewer than five residences ". Leave the number of residences (blank). The Commission agreed to address this issue with comments at the next meeting. 5) Page 4, section 37.3, item 5a, line 24, the wording "existing or under construction" needs to be clarified. 6) Page 4, section 37.3, item 5a, line 29, the wording "composition shingles, slate or similar materials" needs to be clarified. Chairman Wright suggested to the Commission and the Staff to study item 5a on page 4, section 37.3 and address any concerns and comments on the next meeting. Chairman Wright recommended that Staff reword the heading "Structures Located on a Residential Street" in section 37.3, page 4, item 6. City Manager Curtis E. Hawk suggested stating the word "location" in the heading. 7) Page 5, section 37.3, item 6c, line 16, the word "detached" should be deleted. 8) Page 5, section 37.3, item 6d, line 19, the word "only" should be deleted. 9) Page 5, section 37.3, item 6d, line 21, the wording should state "similar to those found that are found on the majority". 10) Page 7, section 37.3 item 7 require mechanical equipment screening for the roof. The Commission and Staff agreed to using the language in this section that is stated in the Corridor Study regarding mechanical equipment screening. City Manager Curtis E. Hawk commented to the Commission that on page 6, section 37.4 that the language will be substituted with the same language in the Corridor Study regarding variances. REGULAR PLANNING AND ZONING AGENDA AUGUST 3, 1995 PAGE 17 Chairman Wright opened the public hearing. Scott Martin, 591 E. Dove Road, Southlake, Texas 76092, had no problem with defining the "culture" or "architecture ", and the noise control issue regarding trash receptacles adjacent to residential areas should be addressed. Chairman Wright closed the public hearing. Motion was made to table Ordinance No. 480 -Q to the August 17, 1995 Planning and Zoning Meeting and continue the public hearing. Motion: Johnson Second: Murphy Ayes: Wright, Johnson, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 6 -0 (Planning and Zoning Meeting, 08- 03 -95, tape 2, section #899 -3761) Agenda Item #11, Meeting Adjourned Chairman Wright adjourned the meeting at 12:50 a.m., Friday, August 4, 1995. Motion: Murphy Second: Johnson Ayes: Wright, Johnson, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 6 -0 (Planning and Zoning Meeting, 08- 03 -95, tape 2, section #3790 -3794) Joe Wright, Chairman ATTEST: Laurie SheetsCommunity Development Secretary G: \ W PF \MT G \MIN \08- 03 -95. MIN REGULAR PLANNING AND ZONING AGENDA AUGUST 3, 1995 PAGE 17 Chairman Wright opened the public hearing. Scott Martin, 591 E. Dove Road, Southlake, Texas 76092, had no problem with defining the "culture" or "architecture ", and the noise control issue regarding trash receptacles adjacent to residential areas should be addressed. Chairman Wright closed the public hearing. Motion was made to table Ordinance No. 480 -Q to the August 17, 1995 Planning and Zoning Meeting and continue the public hearing. Motion: Johnson Second: Murphy Ayes: Wright, Johnson, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 6 -0 (Planning and Zoning Meeting, 08- 03 -95, tape 2, section #899 -3761) Agenda Item #11, Meeting Adjourned Chairman Wright adjourned the meeting at 12:50 a.m., Friday, August 4, 1995. Motion: Murphy Second: Johnson Ayes: Wright, Johnson, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 6 -0 (Planning and Zoning Meeting, 08- 03 -95, tape 2, section #3790 -3794) Joe Wri t, Chairman ATTEST: Laurie She s, Community Development Secretary G: \ W PF \MTG \MIN \08- 03 -95. MIN THE STATE OF TEXAS * CO Y OF I, ; r�► L. as a member of the make this affidavi and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial i to est in a business entity that would be peculiarly affected by a vote or decision of the L�'t l5-�X as those terms are defined in Chapter 171, Texas Local Gove1/)'/ nment Code. ,�/ The business entity is k G Of' i4A (name and address) I have a substantial interest in this business entity for the following reasons: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% of more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and have an with a fair market value of at least $2,500. /v0 (_ A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this day of O- , 19 ()' . Signature o fficial Title BEFORE ME, the undersigned authority, this day personally appeared \>-) ``O,"\\X and on oath stated that the facts hereinabove stated are true to the best of knowledge or belief. Sworn$o and subscribed to before me on this 1) day of G IN 19 'N . `�`,�.a�uwa.•.�u • Cc\�. Q;.‘).5-Z\ PROO G 'Nary Pu. is in and for the State of Texas p ie 4j ? o � G , ti , fin.\ Ccx:ro\ R)-\ s \ se _ rint Notary's Name * t . My Commission Expires: a�g r221 -0 \*AX G:\WPF\FORMS\AFFID.FRM r - THE STATE OF TEXAS * COUNTY OF / xi * >)a nember of the P664 '4 ( Gtf '' make this affidavit and hereby on oath state the following: I, and/or a persodor persons rdi'ated to me, have a substantial ipter St� a bu i ss nit hat uld be peculiarly affected by a vote or decision of the as those terms are defined in Chapter 171, Texas Local Government Code. The business entity is .r J v \ 6-q0,04-1qc------ (name and address) I have a substantial interest in this business entity for the following reasons: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% oAmore or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and have an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this day of Ai 51.T$ , 19 �. Sign. ure o Official L ata_ciA"._0--- sT_ Title BEFORE ME, the undersigned authority, this day personally appeared Qrn So�1 L and on oath stated that the facts hereinabove stated are true to the best of knowledge or belief. Swor Uo and subscribed to before me on this ) day of oa5.g 19 \ • , v A Q Notary ublic •n and for the State of Texas 0 ,4•10 0 ,13t.4%, ��e'n'ct� Cpr6\ Spvr\ 0 -1- Pug G Type rint Notary's Name My Commission Expires: le i -A/ H cRt \`() -77•E PfQ``` o�� G:\ W PF\FORMS\AFFID.FRM THE STATE OF TEXAS * CO Y OF * I� MIL L. as a member of the make this affidavi 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 be peculiarly affected by a vote or decision of the as those terms are defined in Chapter 171, Texas Local Government Code. The business entity is 114/ / a6/ 2 'NJ (name and address) I have a substantial interest in this business entity for the following reasons: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% of more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and have an with a fair market value of at least $2,500. /r o% 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 11 day of 0.1\)- 19 ' Signature o fficial Title BEFORE ME, the undersigned authority, this day personally appeared \'`''` ' 0 ■ \\ - NC and on oath stated that the facts hereinabove stated are true to the best of knowledge or belief. Sworno and subscribed to before me on this /1 day of (3 `a 19 O\ . q � \ \ \�N� • C_ iJ/ III I I �� W � GA . 9 Nary Pu. is in and for the State of Texas 4 9 < e it IQ • t� . rint Notary's Name * i My Commission Expires: C* 1 Z-2 1 . \*X G:\ WPF\FORMS\AFFID.FRM THE STATE OF TEXAS - * COUNTY OF / (�- / ' t / * 1, tY/ 51" J 4 L1 ,50 spa giember of the 1 1-4 ( ` make this affidavit and hereby on oath state the following: I, and/or a person/or persons rdl'ated to me, have a substantial i terest in bu i ss ntit hat uld be peculiarly affected by a vote or decision of the S 9S as those terms are defined in Chapter 171, Texas Local Government Code. The business entity is 4A. \ A IP, f , A.)7 (name and address) I have a substantial interest in this business entity for the following reasons: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. V Ownership of 10% omore or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real 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 l day of A/51/ , 19 �. 4 er. Sign. ure o Official 11. LE- ata-ci Title BEFORE ME, the undersigned authority, this day personally appeared Q- - c5 C and on oath stated that the facts hereinabove stated are true to the best of knowledge or belief. SworUo and subscribed to before me on this day of Oti. 19 ° Notary ublic 'n and for the State of Texas o G Type rint Notary's Name My Commission Expires: = u Z -►�� H r2 1 -2 G: \WPF\FORMS\AFFID.FRM