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1996-04-18 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 18,1996 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall TIME: 7:00 P.M. AGENDA: 1. Call to Order. 2. Approval of the Minutes of the Regular Planning and Zoning Commission Meeting of April 4, 1996. 3. Administrative Comments. 4. Consider: ZA96 -26, REZONING AND SITE PLAN FOR SNOW'S SPORTS ACRES, being approximately 3.00 acres situated in Jesse G. Allen Survey, Abstract No. A -18, Tracts 4A15, 4A16A, and 4A18. Location: on the east side of Pearson Lane, approximately 1.700' south of the intersection of Pearson Lane and W. Southlake Blvd. (F.M. 1709). Current Zoning: "B -1" Business Service Park District and "AG" Agricultural District; Requested Zoning: "S -P -1" Detailed Site Plan District to allow gymnastics, swimming, diving, dance, martial arts instruction, archery range, after - school care, summer camp programs, pro -shop, and other related businesses. Owner /Applicant: Randal B. Snow. SPIN Neighborhood #15. Public Hearing 5. Consider: ZA96 -36, REZONING AND REVISED CONCEPT PLAN FOR CERTAIN PARCELS OF LAND TO BE INCLUDED IN THE TIMARRON PLANNED UNIT DEVELOPMENT( "R - P.U.D. No.1 "), for two parcels of land: Tract No. 1, being approximately 2.684 acres and Tract No. 2, being approximately 3.104 acres, both being situated in the O. W. Knight Survey, Abstract No. 899. This request will amend Ordinance No. 480-01B. Location: on the south side of East Southlake Blvd. (F.M. 1709) with Tract No. 1 being adjacent to F.M. 1709, across from Diamond Blvd.. and West of the proposed Byron Nelson Parkway extension. Tract No. 2 is approximately 1.000' South of F.M. 1709 and West of the proposed Byron Nelson Parkway extension. Current Zoning: "AG" Agricultural District; Requested Zoning: Tract No. 1 to "R- P.U.D. No. 1" Residential Planned Unit Development with "C -2" Local Retail Commercial uses; Tract No. 2 to "R- P.U.D. No. 1" Residential Planned Unit Development. Owner /Applicant: Timarron Land Corporation. SPIN Neighborhoods #9 and #10. A revised Concept Plan, totaling approximately 919.481 acres, and Ordinance No. 480 -01 C will be considered with this request. The following revisions are requested: deleting from "R- P.U.D. No. 1" approximately a 1.047 acre parcel of land situated in the O.W. Knight Survey, City of Southlake, Texas REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 2 Abstract No. 899, located S. of F.M. 1709 and adjacent to the west side of the proposed Byron Nelson Parkway extension, and described more completely as Tract No. 3; relocating the school and park site from the northwest corner of S. Carroll Avenue and E. Continental Blvd. to a site approximately 1,200' south of F. M. 1709 and East of the extension of Byron Nelson Parkway; designating the northwest corner of S. Carroll Ave. and E. Continental Blvd. to residential and commercial uses, but limited to assisted care facilities; redesignating the southwest corner of Brumlow Ave. and E. Continental Blvd. from residential uses to "C -2" Local Retail Commercial uses; redesignating the Timarron Information Center at 175 E. Continental Blvd. to "0-1" Office District uses. SPIN Neighborhoods #9 and 10. Public Hearing 6. Consider: ZA96 -37, DEVELOPMENT PLAN FOR TIMARRON ADDITION, PHASE 5, being approximately 89.12 acres situated in the Obediah W. Knight Survey, Abstract No. 899. Location: South of E. Southlake Blvd. (F.M. 1709), and being north of and adjacent to Timarron Addition, Brenwyck, Phase 2. Current Zoning: "R- P.U.D. No. 1" Residential Planned Unit Development and "AG" Agricultural District. Owner /Applicant: Timarron Land Corporation. SPIN Neighborhoods #9 and 10. The plan proposes 145 residential lots, 6 common greens, 1 school lot, and 4 commercial lots. Public Hearing 7. Consider: ZA96 -38, PRELIMINARY PLAT FOR TIMARRON ADDITION, PHASE 5, being approximately 89.12 acres situated in the Obediah W. Knight Survey, Abstract No. 899. Location: South of E. Southlake Blvd. (F.M. 1709) and being north of and adjacent to Timarron Addition, Brenwyck, Phase 2. Current Zoning: "R- P.U.D. No. 1" Residential Planned Unit Development and "AG" Agricultural District. Owner /Applicant: Timarron Land Corporation. SPIN Neighborhoods #9 and 10. The plat proposes 145 residential lots, 6 common greens, 1 school lot, and 4 commercial lots. Public Hearing 8. Consider: ZA96 -39, PRELIMINARY PLAT FOR CITY OF SOUTHLAKE MUNICIPAL COMPLEX, being approximately 14.569 acres situated in the Obediah W. Knight Survey, Abstract No. 899. Location: on the South of E. Southlake Blvd, (F.M. 1709), west and adjacent to proposed Byron Nelson Parkway, and being approximately 1,400' east of S. White Chapel Blvd. Current Zoning: "R- P.U.D. No. 1" Residential Planned Unit Development and "AG" Agricultural District. Owner /Applicant: City of Southlake. SPIN Neighborhoods #9 and 10. The plat proposes 1 lot. Public Hearing City of Southlake, Texas REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 3 9. Consider: ZA96 -40, FINAL PLAT FOR VILLAGE CENTER, PHASE II, LOTS 1 -5, BLOCK 2, being approximately 24.027 acres situated in the T. Mahan Survey, Abstract No. 1049, and being legally described as a portion of Tract 6, and being Lots 3 and 4, Block 2 of the previously approved Revised Preliminary Plat. Location: approximately 200' south of E. Northwest Parkway (S.H. 114), approximately 300' north of E. Southlake Blvd. (F.M. 1709), and approximately 2,000' west of Kimball Ave. Current Zoning: "C -3" General Commercial District. Owner: Winkelmann & Associates for the Client, The Midland Development Group; Applicant: James Farrar. SPIN Neighborhood #4. 10. Consider: ORDINANCE NO. 480 -V, REVISIONS TO THE ZONING ORDINANCE NO. 480, addressing miscellaneous definitions, accessory structures/buildings, off - street parking requirements, regulations in the "S -P -1" and "S -P -2" Districts, and adding additional uses in the "I -1" District and the Specific use Permits Section and revising administrative processes sections. 11. Consider: MEETING ADJOURNMENT. 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, April 12, 1996 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. stuitU� $ou " y � m Sandra L. LeGrand '*el** otO City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481 -5581 extension 704, and reasonable accommodations will be made to assist you. G:\WPF\MTG\AGN\1996\04-18-96.WPD REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 18, 1996 COMMISSION PRESENT: Chairman Joe Wright, Members: Randy Arnold, Jim Murphy, and Arthur Hobbs COMMISSION ABSENT: Vice - Chairman Ernest Johnson CITY STAFF PRESENT: Zoning Administrator Karen Gandy and Administrative Secretary Laurie Sheets The meeting was called to order by Chairman Wright at 7:05 p.m. AGENDA ITEM #2, APPROVAL OF MINUTES Motion was made to approve the amended minutes of the April 4, 1996 Regular Planning and Zoning Commission Meeting. Motion: Hobbs Second: Murphy Ayes: Wright, Arnold, Murphy, and Hobbs Nays: none Approved: 4 -0 Motion carried. (Planning and Zoning Meeting, 04- 18 -96, tape 1, section #0 -22) AGENDA ITEM #3, ADMINISTRATIVE COMMENTS Zoning Administrator Karen Gandy informed the Commission on the following items: 1) provided the Commission with a copy of the agenda for the Planning and Zoning Training Series Part V: Planning for Fiscal Responsibility on May 10, 1996 2) provided the Commission with a copy of information on the upcoming Tree Preservation Ordinance Workshop that will serve as another presentation/orientation of the ordinance on May 16, 1996 3) the City Secretary is presently sending out letters regarding the Commission position renewals 4) the packets will be sent by mail for the next Master Thoroughfare Plan Meeting will be April 25, 1996 at 7:00 p.m. in the White Chapel Room at Bicentennial Park. Commisioner Murphy commented that he thought he will not be able to attend the MTP Meeting on April 25, 1996, due to another obligation. (Planning and Zoning Meeting, 04- 18 -96, tape 1, section #22 -101) AGENDA ITEM #4, ZA96 -26, REZONING AND SITE PLAN FOR SNOW'S SPORTS ACRES Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the Rezoning and Site Plan for Snow's Sports Acres, being approximately 3.00 acres situated in Jesse REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 2 G. Allen Survey, Abstract No. A -18, Tracts 4A15, 4A16A, and 4A18. The property is located on the east side of Pearson Lane, approximately 1,700' south of the intersection of Pearson Lane and W. Southlake Blvd. (F.M. 1709). The current zoning is "B -1" Business Service Park District and "AG" Agricultural District, and the requested zoning is "S -P -1" Detailed Site Plan District to allow certain "C -3" General Commercial District uses: gymnastics, swimming, diving, dance, martial arts instruction, archery range, after - school care, summer camp programs, pro -shop, and other related businesses. The land use category is low density residential and mixed use. The property owners and applicants are Randal and Deborah Snow. The property is located in SPIN Neighborhood #15. Five written notices were sent to property owners within the 200 ft. notification area, and Staff has received two responses: 1) Joe David Pipes, 2828 Cresthaven, Grapevine, Texas 76051, in favor, "Randy runs a fine business and keeps his place neat! It would be an asset to the Southlake area! !" It will provide "many neat activities for children." and 2) Gwen Pipes (Ranch Land Leasing Co. Inc.), 216 Warbler Ct., Bedford, Texas 76021, in favor. On March 21, 1996, the Planning and Zoning Commission approved to table this item and continue the public hearing to tonight's meeting. Staff provided the Commission with Plan Review Summary No. 2 dated April 12, 1996. In 1988, Tract 4A15 was annexed in the City as "AG" Agricultural District with an existing structure. The applicants just purchased Tracts 4A16 and 4A18 that are currently zoned `B -1" Business Service Park District. The swimming facility will be located approximately just north of the existing facility. Randy and Debbie Snow, (Snow's Gymnastics, 407 S. Pearson Lane, Southlake, Texas 76092), 2011 Faux Lane, Roanoak, Texas 76262, represented this item. Mr. Snow commented on the following items: 1) after Mr. Thompson (the surveyor who prepared the blueline of the Site Plan) still did not address all the Staff s comments on the second submittal, they had to resort to hiring an architect on Monday, April 15, 1996, to complete the task 2) provided the Commission with a copy of a revised blueline a. the architect has not stamped the blueline yet due to it being incomplete b. providing a 250' driveway spacing between the two proposed driveways c. allowing the 50' stacking for the traffic flow d. meeting the parking requirements e. providing a contour and landscape plan. Zoning Administrator Karen Gandy commented that Staff has not seen the newly revised blueline. 3) has hired Engineer Bruce Gibson to design an aerobic septic system that will accommodate the site 4) fencing requirement Response: Requesting to waive the fencing requirement until future development starts construction because the existing businesses to the north and south of the property are fenced and there is an existing "cow pasture" to the east of the property REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 3 5) masonry requirement Response: Requesting to brick only the west wall of the proposed pool building and waiving the masonry requirement for the east, north, and south walls until a later date. The dome walls (building B) will be fully bricked. Chairman Wright opened the public hearing. No discussion from the audience. Chairman Wright closed the public hearing. Commissioner Hobbs commented on the following concerns: 1) waving the fencing requirement because of the site's uses 2) lighting for the site has not been provided and the Commission cannot determine if there will be an impact to the adjacent residential properties. The Commission reached a consensus that the applicant should meet all the items in the staff review letter including the City's fencing and masonry requirements. Motion was made to approve ZA96 -26, Rezoning and Site Plan for Snow's Sports Acres, subject to Plan Review Summary No. 2 dated April 12, 1996, amended as follows: 1) adding that the City Council should review the lighting, assuring that there is no light spillage onto adjacent residential properties 2) deleting the Applicant's request to waive the fencing requirement until future development starts construction 3) deleting the Applicant's request to waive the masonry requirement for the east, north, and south walls until a later date. Motion: Hobbs Second: Murphy Ayes: Wright, Arnold, Murphy, and Hobbs Nays: none Approved: 4 -0 Motion carried. (Planning and Zoning Meeting, 04- 18 -96, tape 1, section #101 -556) Chairman Wright commented that he will chair over the Timarron cases to provide a quorum, however, he will abstain from any action. AGENDA ITEM #5, ZA96 -30, REZONING Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 4 Rezoning and Revised Concept Plan for certain parcels of land to be included in Timarron Planned Unit Development ( "R- P.U.D. No.1"), for two parcels of land: Tract No. 1, being approximately 2.684 acres and Tract No. 2, being approximately 3.104 acres, both being situated in the O. W. Knight Survey, Abstract No. 899. This request will amend Ordinance No. 480-01B. The property is located on the south side of East Southlake Blvd. (F.M. 1709) with Tract No. 1 being adjacent to F.M. 1709, across from Diamond Blvd., and West of the proposed Byron Nelson Parkway extension. Tract No. 2 is approximately 1,000' South of F.M. 1709 and West of the proposed Byron Nelson Parkway extension. The current zoning is "AG" Agricultural District, and the requested zoning is Tract No. 1 to "R- P.U.D. No. 1" Residential Planned Unit Development with "C -2" Local Retail Commercial uses; Tract No. 2 to "R- P.U.D. No. 1" Residential Planned Unit Development. The land use category is 100 year flood plain, low density residential, medium density residential, and mixed use. The corridor designation is residential and existing retail. The request is being submitted by the property owner and applicant, Timarron Land Corporation. The property is located in SPIN Neighborhoods #9 and #10. A Revised Concept Plan, totaling approximately 919.481 acres, and Ordinance No. 480-01C will be considered with this request. The following revisions are requested: deleting from "R- P.U.D. No. 1" approximately a 1.047 acre parcel of land situated in the O.W. Knight Survey, Abstract No. 899, located S. of F.M. 1709 and adjacent to the west side of the proposed Byron Nelson Parkway extension, and described more completely as Tract No. 3; relocating the school and park site from the northwest corner of S. Carroll Avenue and E. Continental Blvd. to a site approximately 1,200' south of F. M. 1709 and East of the extension of Byron Nelson Parkway; designating the northwest corner of S. Carroll Ave. and E. Continental Blvd. to residential and commercial uses, but limited to assisted care facilities; redesignating the southwest corner of Brumlow Ave. and E. Continental Blvd. from residential uses to "C -2" Local Retail Commercial uses; redesignating the Timarron Information Center at 175 E. Continental Blvd. to "0-1" Office District uses. Seven written notices were sent to property owners within the 200 ft. notification area, and Staff has received one written response, J. W. Richards (Ed Gibson, Representative), P.O. Box 1144, Grapevine, Texas 76099 - 1144), in favor. Staff provided the Commission with Plan Review Summary No. 1 dated April 12, 1996. Steve Yetts and Laura Brewer ( Timarron Land Corporation), 300 E. Carpenter Freeway, Suite 1425, Irving, Texas 75062, and Todd Janssen (Carter & Burgess), 7950 Elmbrook Dr., Suite 250, Dallas, Texas 75247, represented this item. Mr. Janssen commented on the following items: 1) presented a large visual display of the plan 2) no concerns with staff review letter. Commissioner Hobbs commented on his concern with Tract 5 being designated for "C -2" Local Retail Commercial District uses since the tract is surrounded by property that is designated for medium density residential and mixed use on the Land Use Plan. Mr. Janssen stated that this particular piece of property fell out of the realignment of Carroll Ave. He added that a commercial use is more appropriate for this property than a residential use. He asked Staff what is the Zoning District for the adjacent property across Brumlow Avenue. Zoning Administrator Karen Gandy REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 5 stated that the property is zoned "I -1" Light Industrial District all along the existing Brumlow Ave. frontage and continuing back for approximately 750 ft. east and the Land Use Plan designates this area as Mixed Use. Commissioner Hobbs pointed out that there are residential properties along the north side of E. Continental Blvd. in the same vicinity. Zoning Administrator Karen Gandy stated that the area was placed as a transition area for the Timarron and residential development areas from the industrial area that is to the east. Commissioner Hobbs asked Mr. Janssen the size of Tract 5. Mr. Janssen stated that the size is approximately 1.003 acres. Commissioner Hobbs asked Staff the size limitation on a commercial district. Zoning Administrator Karen Gandy stated that there is no size limitation on a commercial district. She added that only in an industrial district is there a size limitation. Commissioner Hobbs asked Mr. Janssen if he is willing to restrict some "C -2" Local Retail Commercial District uses for Tract 5. Mr. Janssen stated that is willing to look at restricting some uses if it is the Commission's preference. Commissioner Arnold asked Mr. Janssen to explain the request for the assisted care facility use. Mr. Janssen stated that this will involve possibly a nursing home facility with an in -house professional staff or possibly have assisted care living with less intensive care which involves people that range from having to have minimum to more intensive care on a daily basis. Commissioner Arnold asked Mr. Janssen if Timarron had something in mind for that. Mr. Janssen stated that presently Timarron is talking to someone that provides high quality assisted care, however, it is not definite. He added that Timarron as well as the City will require a Site Plan. Chairman Wright opened the public hearing. Richard Garrett, 290 Lilac, Southlake, Texas 76092, commented on the following items: 1) his property begins 100 ft. south of the proposed expansion of Byron Nelson Parkway 2) concerned with how the expansion Bryon Nelson Parkway will affect his property 3) asked the width of the right -of -way on Bryon Nelson Parkway Mr. Janssen stated that the width of the right -of -way is 37 ft. He added that the road adjacent to his property has a 64 ft. width right -of -way. 4) concerned with a 37 ft. right -of -way for the road in the vicinity of a school zone 5) concerned with how the road construction will affect the traffic flow 6) requested for the applicant to put a swing road into his property to help solve this problem 7) asked about the Traffic Impact Analysis (TIA). Mr. Janssen commented that Timarron has contracted Carter & Burgess to do a TIA. He requested to approve the case tonight, and the TIA to been done prior to the Final Plat for that area. He added that if the TIA results show an impact, they will widen the road to decrease the impact. REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 6 Commissioner Hobbs commented that he would like for the applicant to closely review the traffic impact for the new City Municipal Complex and the flow of traffic from the north side of the city to the south side. Mr. Janssen stated that the analysis will include the "ultimate" usage for the municipal complex, commercial area, and school area. He added that the children that will utilize the elementary school facility will have a boundary from E. Southlake Blvd. (F.M. 1709) and extend to the south; therefore, they do not perceive a large volume of traffic that will be generated from the north to the school site. Commissioner Hobbs commented on his concern with "C -3" General Commercial District uses for Tract 4. He asked the applicant to restrict Tract 4 to only assisted care facility use. Zoning Administrator Karen Gandy stated that this is what the applicant is requesting and if the applicant foresees a commercial use for the site, it will be related to the assisted care use. She added that there will have to be a Site Plan for each non - residential site. Ed Gibson, (representing Dr. Richards) commented on the following items: 1) asked Mr. Janssen if there were any plans to unland -lock the Briscoe property, which is the property east of the elementary school site that currently, the property owners do no have any access. Commissioners Murphy and Hobbs pointed out the location that he is referring to is in the Versailles Addition. Zoning Administrator Karen Gandy stated that the C.I.S.D. proposed school site was to be located in the Versailles Addition and has been relocated to Tract 4 of the "R- P.U.D. No. 1" Timarron Addition. She added that there have been several inquire for that Versailles area other than a school site. Chairman Wright asked Mr. Gibson how the Briscoes currently accessed their property. Mr. Gibson stated that they currently have access from E. Southlake Blvd. (F.M. 1709) through someone else's property. Chairman Wright asked Mr. Gibson if the Revised Concept Plan for Timarron would eliminate the Briscoe's access to E. Southlake Blvd. (F.M. 1709). Mr. Gibson stated that it would not, however, he requested for some kind of access for the Briscoe property. He added that they foresee that their access to E. Southlake Blvd. (F.M. 1709) might be eliminated due to future development of the property that they currently using to access E. Southlake Blvd. (F.M. 1709). Chairman Wright closed the public hearing. Zoning Administrator Karen Gandy briefed the Commission again on the applicant's request, per Commissioner Murphy's request: 1) Tract 1 a. adjacent to E. Southlake Blvd. (F.M. 1709) b. currently zoned "AG" Agricultural District REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 7 c. requested zoning is to be part of the "R- P.U.D. No. 1" with "C -2" Local Retail Commercial uses Commissioner Murphy asked Staff if there were "C -2" Local Retail Commercial District uses designated for the "R- P.U.D. No. 1" property across the street. Zoning Administrator Karen Gandy confirmed that this was correct and added that the property consisted of 15 acres. 2) Tract 2 a. currently zoned "AG" Agricultural District b. will be incorporated in Timarron, Phase 5, for residential development 3) Tract 3 a. will be excluded from the "R- P.U.D. No. 1" b. a portion of the property has been purchased by the City of Southlake for the City Municipal Complex 4) Tract 4 a. was previously designated on the Concept Plan, ZA92 -03, for a school and park site b. relocating the school and park site use to the location that C.I.S.D. is purchasing c. after relocating the school site to another area, that would like to redesignate the area to have the ability to be finished out for residential use or place an assisted care facility at this location Commissioner Murphy asked Staff to reconfirm that the applicant is asking for "C -3" General Commercial District uses with only the assisted care facility use. Zoning Administrator Karen Gandy confirmed that this was correct. 5) Tract 5 a. this property was left over from the Versailles Addition development and the extension of S. Carrroll Ave. aligning with Carlisle Lane extending across Timarron's property and connecting with the existing Brumlow Ave. Commissioner Murphy asked Staff if this piece of Brumlow Ave. will be vacated. Zoning Administrator Karen Gandy confirmed that this could be a possibility. b. this is designated in the Land Use Plan as mixed use c. currently zoned "I -1" Light Industrial District 6) Tract 6 a. currently has Timarron's informational center facility b. requesting to designate this area for "0-1" Office District use. REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 8 Commissioner Murphy asked Mr. Janssen what he perceived to be located for this tract. Mr. Janssen stated that there possibly could be a real estate office at this location that is the reason for the "0-1" Office District use. He added that they would not like to restrict just to have a real estate office. Commissioner Murphy asked Mr. Janssen if he would mind looking into restricting some uses out of the "0-1" Office District. Mr. Janssen stated that they would like to have small professional type buildings, i.e., dentist, doctor. He added that this tract is located in the center of their amenities; therefore, this area could not have an intensive type use. Commissioner Arnold asked Mr. Janssen the size of the assisted care facility. Mr. Janssen stated the following items that typically describe nursing homes and assisted care facilities: 1) 60 -65 rooms with 120 beds 2) 37,000 s.f. building 3) one to two story building 4) will have adequate parking with extensive landscaping 5) the facility could not possibly be very large. Commissioner Murphy asked Mr. Janssen about uses in the "0-1" Office District that have the capability to house a drive - through, i.e., bank. Mr. Janssen stated that this is not Timarron's intention. The Commission asked Mr. Janssen about deleting the following Ordinance No. 480, Section 18.2 ( "0-1" Office District) permitted uses in Tract 6: 1) #5 Banking 2) #6 Bill paying services 3) #13 Contractors offices (provided no outside storage or display is permitted) 4) #15 Duplication and mailing services 5) #16 Employment services 6) #23 Optometrists 7) #24 Other offices of a business and/or professional nature providing services not including the retail sale, fabrication, manufacture or production of goods or merchandise. 8) #29 Radio recording and television broadcasting offices and studios 9) #33 Stenographic services 10) #35 Travel bureaus or services 11) #36 Utility offices. Commissioner Murphy commented that he is opposed to the requested "C -2" Local Retail Commercial District for Tract 5, and asked the applicant if he could consider an "0-1" Office District use for this area. Mr. Yetts commented on the following items: 1) stated that a residential use is not appropriate for this area 2) at this time, he requested for a redesignation for the area to prevent having to reopen the "R- P.U.D No. 1" REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 9 3) the residential use will be divided by Brumlow Ave. with residential use to the west and commercial use to the east 4) requested for the Commission to consider their request for a commercial use on Tract 5. Commissioner Murphy commented the development to the north and further down to the east is not completed; he asked Mr. Yetts if he could bring this request forward at a later date. Mr. Yetts stated that the only reason why they are addressing this at this time is because they reopened the "R- P.U.D. No. 1". He added that he would like to leave the request as it is indicated on the Concept Plan for residential uses. Mr. Janssen asked the Commission if they accept the request to provide the TIA for Byron Nelson Parkway prior to changing the current proposed right -of -way. Commissioner Murphy confirmed that this was correct. Mr. Yetts stated that he would like to address any concerns regarding the right - of -way on Byron Nelson Parkway on the Development Plan. Motion was made to approve ZA96 -36, Rezoning and Revised Concept Plan for certain parcels of land to be included in the Timarron Planned Unit Development (R- P.U.D. No. 1), subject to Plan Review Summary No. 1 dated April 12, 1996, amended as follows: 1) deleting the Applicant's request to redesignate Tract 5 to "C -2" Local Retail Commercial uses 2) deleting from Tract 6 the following Ordinance No. 480, Section 18.2 permitted uses in the "0-1" Office District: #5 (banking), #6 (bill paying services), #13 (contractor offices), #15 (Duplication and mailing services), #16 (employment services), #23 (Optometrists), #24 (other offices of a business and/or professional nature providing services not including the retail sale, fabrication, manufacture or production of goods or merchandise), #29 (radio recording and television broadcasting offices and studios), #13 (stenographic services), #35 (travel bureaus or services), and #36 (utility offices). Motion: Murphy Second: Hobbs Ayes: Arnold, Murphy, and Hobbs Nays: none Abstained: Wright Approved: 3 -0 -1 Motion carried. (Planning and Zoning Meeting, 04- 18 -96, tape 1, section #560 -2101) AGENDA ITEM #6, ZA96 -37, DEVELOPMENT PLAN FOR TIMARRON, PHASE 5 Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the Development Plan for Timarron, Phase 5, being approximately 89.12 acres situated in the Obediah W. Knight Survey, Abstract No. 899. The property is located south of E. Southlake Blvd. (F.M. 1709), and being north of and adjacent to Timarron Addition, Brenwyck, Phase 2. The current REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 10 zoning is "R- P.U.D. No. 1" Residential Planned Unit Development and "AG" Agricultural District. The land use category is 100 year flood plain, low density residential, medium density residential, and mixed use. The corridor designation is residential and existing retail. The request is being submitted by the property owner and applicant, Timarron Land Corporation. The property is located SPIN Neighborhoods #9 and 10. Twenty -six written responses were sent to property owners within the 200 ft. notification area, and Staff has received five written responses: 1) Robert L. Stevenson, 2113 Taxco Dr., Carrollton, Texas 75006 -1827, in favor, 2) Thomas Watson, 286 Lilac Lane, Southlake, Texas 76092 -7410, in favor, 3) Alma V. West, 211 Pine St., Southlake, Texas 76092, in favor, 4) Steve Garrett, 205 E. Southlake Blvd., Southlake, Texas 76092, in favor, "Respondent has been out of town and is submitting response today, 04- 18 -96. ", and 5) J W. Richards, P.O. Box 1144, Grapevine, Texas 76099 -1144, in favor. The plan proposes 145 residential lots, 6 common greens, 1 school lot, and 4 commercial lots. Staff provided the Commission with Plan Review Summary No. 1 dated April 12, 1996. The development regulations will be the same as type `C' (Brenwyck product). The school and park site will consist of 17 acres and developed per the "CS" Community Service District regulations. The "C -2" Local Retail Commercial District area will be developed per the "C -2" Local Retail Commercial District regulations in Ordinance No. 480, Section 21 regulations. Any non - residential property will require a full Site Plan approval by the Planning and Zoning Commission and City Council before permission is granted for a building permit. The commercial area will be west of Byron Nelson Parkway Commissioner Murphy asked Staff the lot size in product type `C'. Zoning Administrator Karen Gandy commented that the minimum lot size is 10,500 s.f. She added that the average lot size is 11,000 s.f. Commissioner Murphy asked Staff how to address the fact the proposed residential lots will be adjacent to the one acre lots in Graham -White Addition and Spring Creek Acres that are currently zoned "SF -1" Single Family Residential District. Zoning Administrator Karen Gandy stated that item #6 (Lots adjacent to Graham -White Addition and Spring Creek Acres must have minimum lot widths at the rear lot line of 125', and must be a minimum of 30,000 s.f. in area.) in the staff review letter addresses this fact. Steve Yetts and Laura Brewer (Timarron Land Corporation ), 300 E. Carpenter Freeway, Irving„ Texas 75062, represented this item. Mr. Yetts commented on the following items: 1) proposing the remaining property to the north of the existing development 2) currently, Timarron is under contract with C.I.S.D. to purchase the property for the school and park site 3) completing the proposed school, park site, and the expansion of Byron Nelson Parkway in the fall of 1997 4) developing the residential lots in two phases upon the completion of the Final Plat 5) realizing the traffic concern, they are currently working with Carter and Burgess and Eddie Cheatham (C.I.S.D.'s engineer) on completing a TIA on Byron Nelson Parkway a. TIA will be brought before Commission on the Final Plat 1. indicating the width of the right -of -way for the traffic flow REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 11 2. identifying the cross -over areas where needed for access to properties that adjoin Byron Nelson Parkway 6) item #6 (Lots adjacent to Graham -White Addition and Spring Creek Acres must have minimum lot widths at the rear lot line of 125', and must be minimum of 30,000 s.f. in area.) Response: requested a variance, subject to the approval of the Graham -White Addition and Spring Creek Acre residents for the variance 9) item #7 (The Subdivision Ordinance No. 483 requires street stubs into adjoining properties at minimum 1,000 ' spacing. A minimum of two street stubs is required along the east line of the site.) Response: requested a variance to this requirement to allow one street stub to the east and one to the west because a. Byron Nelson Parkway will serve as an internal access to E. Southlake Blvd. (F.M. 1709) and E. Continental Blvd. b. there is a substantial tributary that runs to the east. Commissioner Hobbs asked Mr. Yetts the location of the tributary. Mr. Yetts stated that the tributary flows beyond E. Southlake Blvd. (F.M. 1709). The tributary defines Timarron's eastern boundary; the tributary ends at the green of the 18th hole and then winds into Bear Creek. He added that the drainage shed (BB8 Tributary) is indicated on the Preliminary Plat. 10) at the City's request on the Brenwyck Addition, Phase II, they are utilizing some of the Buttercup right -of -way. Chairman Wright opened the public hearing. Phil Goetz, 225 Pine Dr., Southlake, Texas 76092, commented on the following items: 1) he is the adjacent property to the north 2) his property consists of 3.00± acres 3) there is a 1.50 acre pond in the back of his property 4) there is a drainage easement in the vicinity of the pond and is concerned with Timarron's Drainage Plan Chairman Wright asked Mr. Yetts if he would like to address the drainage concern. Mr. Yetts stated that he is aware of the pond/lake. The Preliminary Plat proposes some drainage systems that handle off -site drainage. He added the specific details have not been addressed; however, once the Preliminary Plat is approved, they will have a more detailed design in the Final Plat. 5) concerned with the fact that there is a line of 40 -50 ft. trees in the area that will be cut down in the vicinity of the lots at the cud -le -sac of street `C' and `D' Proposal: take out the two lots in the cul -de -sac; have the applicant propose 143 residential lots and 6 common greens instead of the requested 145 residential lots and 5 common REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 12 greens. Chairman Wright asked Mr. Yetts if he would like to address the destruction of the line of trees. Mr. Yetts commented on the following items: a. he is aware of the heavy tree coverage in that area b. trees are an amenity to their property; they will save as many trees as possible c. they will pull the cul -de -sac back or plat the lots in a more pie -shape to help save the mentioned trees on the Final Plat. Richard Garrett, 290 Lilac, Southlake, Texas 76092, commented on the following items: 1) recommended for Timarron to provide a swing road to help eliminate the traffic problem, i.e., Southlake Lakes Addition 2) requested to discuss with Mr. Yetts and Mr. Janssen on what the proposal is for Byron Nelson Parkway before the Final Plat is approved 3) concerned with the narrow width of Byron Nelson Parkway. Chairman Wright asked Mr. Yetts if he would like to address the concern. Mr. Yetts stated that he has proposed to Mr. Garrett that Timarron will provide a combination driveway across Mr. Garrett's two lots to make one connection onto Byron Nelson Parkway. He added that he felt comfortable that they would reach an agreement with Mr. Garrett before the final platting with Staff s verification that the agreement is in compliance with the City's requirements. Chairman Wright closed the public hearing. Commissioner Murphy asked Staff how specific should the motion be to include the fact that the Development Plan will be contingent upon the approval of the adjacent property owners to the west regarding the lots being 30,000 s.f. or less and the property line being less than 125'. Zoning Administrator Karen Gandy stated that the Planning and Zoning Commission and the City Council has the ability to require this because of the nature of the Planned Unit Development (P.U.D.) Motion was made to approve ZA96 -37, Development Plan for Timarron, Phase 5, subject to Plan Review Summary No. 1 dated April 12, 1996, amended as follows: 1) deleting item #6 (Lots adjacent to Graham -White Addition and Spring Creek Acres must have minimum lot widths at the rear lot line of 125', and must be a minimum of 30,000 s.f. in area.), but adding a stipulation that the adjoining property owners of the lots subject to the 125' or 30,000 s.f. requirement approve all of the lots sizes as proposed 2) deleting item #7 (The Subdivision Ordinance No. 483 requires street stubs into adjoining properties at minimum 1000' spacing. A minimum of two street stubs is required along the east line of the site.) Motion: Murphy Second: Hobbs REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 13 Ayes: Arnold, Murphy, and Hobbs Nays: none Abstained: Wright Approved: 3 -0 -1 Motion carried. (Planning and Zoning Meeting, 04- 18 -96, tape 1, section #2102 -3188) Chairman Wright called for a recess at 8:55 p.m. Chairman Wright reconvened the meeting at 9:00 p.m. AGENDA ITEM #7, ZA96 -38, PRELIMINARY PLAT FOR TIMARRON, PHASE 5 Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the Preliminary Plat for Timarron, Phase 5, being approximately 89.12 acres situated in the Obediah W. Knight Survey, Abstract No. 899. The property is located south of E. Southlake Blvd. (F.M. 1709) and being north of and adjacent to Timarron Addition, Brenwyck, Phase 2. The current zoning is "R- P.U.D. No. 1" Residential Planned Unit Development and "AG" Agricultural District. The request is being submitted by the property owner and applicant, Timarron Land Corporation. The property is located in SPIN Neighborhoods #9 and 10. Twenty -six written notices were sent to property owners within the 200 ft. Notification area, and Staff has received five responses: 1) Steve Garrett, 205 E. Southlake Blvd., Southlake, Texas 76092, in favor, "Respondent has been out of town and in submitting response today, 04- 18 -96." 2) J. W. Richards, P.O. Box 1144 Grapevine, Texas 76099 -1144, in favor; 3) Robert L. Stevenson, 2113 Taxco Dr., Carrollton, Texas 75006 -1827, in favor; 4) Thomas E. Watson, 286 Lilac Lane, Southlake, Texas 76092 -7410, in favor; 5) Alma V. West, 211 Pine St., Southlake, Texas 76092, in favor. 1) Robert L. Stevenson, 2113 Taxco Dr., Carrollton, Texas 75006 -1827, in favor, 2) Thomas Watson, 286 Lilac Lane, Southlake, Texas 76092 -7410, in favor, and 3) Alma V. West, 211 Pine St., Southlake, Texas 76092, in favor. The plat proposes 145 residential lots, 5 common greens, 1 school lot, and 4 commercial lots. Staff would like to add comment item #5C (provide adequate drainage easements) to the staff review letter. Steve Yetts and Laura Brewer ( Timarron Land Corporation), 300 E. Carpenter Freeway, Suite 1425, Irving, Texas 75062, and Todd Janssen (Carter & Burgess), 7950 Elmbrook Dr., Suite 250, Dallas, Texas 75247, represented this item. Mr. Yetts commented on the following items: 1) the timing on this project is critical 2) item #4B (The Subdivision Ordinance No. 483 requires street stubs into adjoining properties at minimum 1,000' spacings. A minimum of two street stubs is required along of the east line of the site.) Response: requested a variance to allow one street stub to the east and one to the west as previously approved on ZA96 -37, Development Plan for Timarron, Phase 5 3) item #4C (Provide a minimum 12 ' by 150' with a 150' transition right -of -way dedication along REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 14 the north line of Lot 1, Block 61 and Lot 2, Block 60 from the intersections of Byron Nelson Parkway for a free right turn lane.) Response: requested a variance on this requirement until after the TIA, and then if the free right turn lane is needed, they will provide one. Engineer Ron Harper commented on the following items: 1) Staff is in concurrence with the request to wait for the TIA 2) based upon the recent developments in other residential additions, Staff feels that a free right turn lane is needed at the location due to the need to install a signal light in the future 3) would like to see the results of the TIA before they make their final recommendation. Commissioner Murphy asked Engineer Ron Harper if the right -of -way is available on E. Southlake Blvd. (F.M. 1709). Engineer Ron Harper stated that the right -of -way and pavement is probably adequate, if the State chooses to widen the road to three lanes in each direction with a turn lane. He added that the State likes to require a specific amount for parkway between the edge of pavement and right -of -way. 4) item #8 (Lots adjacent to Graham -White Addition and Spring Creek Acres must have minimum lot widths at the rear lot line of 125', and must be a minimum of 30,000 s.f. in area.) Response: requested a variance, subject to the approval of the Graham -White Addition and Spring Creek Acre residents for the variance. Chairman Wright opened the public hearing. No discussion from the audience. Chairman Wright closed the public hearing. Commissioner Murphy commented that if the free right turn lane on Bryon Nelson Parkway and the agreement with the adjoining residents in the Graham -White Addition and Spring Creek Acres has not been reached by the time of the Final Plat, then the Final Plat will not substantially conform to Development Plan or Preliminary Plat. He added that he is concerned with the proposed two lanes not being able to accommodate all the traffic flow on Byron Nelson Parkway. Mr. Yetts commented that the Staff will be provided with the TIA and the adequate right -of -way to bring Byron Nelson Parkway up to the standards it will need to handle the traffic flow. Motion was made to approve ZA96 -38, Preliminary Plat for Timarron, Phase 5, subject to Plat Review Summary No. 1 dated April 12, 1996, amended as follows: 1) deleting item #4B (A minimum of two street stubs is required along the east line of the site.) 2) modifying item #4C (Provide a minimum 12' by 150' with a 150' transition right -of -way REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 15 dedication along the north line of Lot 1, Block 61 and Lot 2, Block 60 from the intersections of Byron Nelson Parkway for a free right turn lane.) to include that the Traffic Impact Analysis (TIA) will determine Staff's approval of the right -of -way 3) adding item #5C (Provide adequate drainage easements.) 4) deleting item #8 (Lots adjacent to Graham -White Addition and Spring Creek Acres must have minimum lot widths at the rear lot line of 125', and must be minimum of 30,000 s.f. in area.); but adding a stipulation that the adjoining property owners to the lots, subject to the 125' or 30,000 s.f. requirement, approve all of the lots sizes as proposed 5) presenting the TIA on the Final Plat with Staff's recommendation and at that time will consider Mr. Garrett's request to have access onto Bryon Nelson Parkway. Motion: Murphy Second: Hobbs Ayes: Arnold, Murphy, and Hobbs Nays: none Abstained: Wright Approved: 3 -0 -1 Motion carried. (Planning and Zoning Meeting, 04- 18 -96, tape 1, section #3189 -3821) AGENDA ITEM #8, ZA96 -39, PRELIMINARY PLAT FOR CITY OF SOUTHLAKE MUNICIPAL COMPLEX Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the Preliminary Plat for City of Southlake Municipal Complex, being approximately 14.569 acres situated in the Obediah W. Knight Survey, Abstract No. 899. The property is located on the south of E. Southlake Blvd, (F.M. 1709), west and adjacent to proposed Byron Nelson Parkway, and being approximately 1,400' east of S. White Chapel Blvd. The current zoning is "R- P.U.D. No. 1" Residential Planned Unit Development and "AG" Agricultural District. The request is being submitted by the property owner and applicant, City of Southlake. The property is located in SPIN Neighborhoods #9 and 10. Four written notices were sent to property owners within the 200 ft. notification area, and Staff has received one (1) written response, J. W. Richards, P.O. Box 1144, Grapevine, Texas 76099 -1144, in favor, "with vocal message from agent, Ed. Gibbons ". The plat proposes 1 lot. Staff provided the Commission with Plat Review Summary No. 1 dated April 12, 1996. This is the tract excluded from the Timarron R -PUD. The plat will eventually propose two lots when Byron Nelson Parkway is extended through the one lot. Todd Janssen (Carter & Burgess) represented this item. He commented on the following: 1) had no concerns with staff review letter. Chairman Wright opened the public hearing. REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 16 No discussion from the audience. Chairman Wright closed the public hearing. Motion was made to approve ZA96 -39, Preliminary Plat for City of Southlake Municipal Complex, subject to Plat Review Summary No. 1 dated April 12, 1996. Motion: Arnold Second: Murphy Ayes: Wright, Arnold, Murphy, and Hobbs Nays: none Approved: 4 - Motion carried. (Planning and Zoning Meeting, 04- 18 -96, tape 1, section #3822 -4000) AGENDA ITEM #9, ZA96 -40, FINAL PLAT FOR VILLAGE CENTER, PHASE II Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the Final Plat for Village Center, Phase II, Lots 1 -5, Block 2, being approximately 24.027 acres situated in the T. Mahan Survey, Abstract No. 1049, and being legally described as a portion of Tract 6, and being Lots 3 and 4, Block 2 of the previously approved Revised Preliminary Plat. The property is located approximately 200' south of E. Northwest Parkway (S.H. 114), approximately 300' north of E. Southlake Blvd. (F.M. 1709), and approximately 2,000' west of Kimball Ave. The current zoning is "C -3" General Commercial District. The land use category is mixed use /65 Ldn Contour in the Airport Overlay Zone. The Corridor Designation is Village Center. The property owner is Winkelmann & Associates for the Client, The Midland Development Group, and the request is being submitted by the applicant, James Farrar. The property is located in SPIN Neighborhood #4. No written notices were required to be sent because it is a Final Plat. Staff provided the Commission with Plat Review Summary No. 1 dated April 12 ,1996. Staff finds that the Final Plat substantially conforms to the previously approved Preliminary Plat. Mike Clark ( Winkelmann & Associates), 12800 Hillcrest Road, Suite 200, Dallas, Texas 75230, and Don Silverman, represented this item. Mr. Clark commented on the following items: 1) item #6F (Align the center line 50' common access easement on this site with the center line of the 30.5' common access easement in Village Center, Phase I and provide bearings, distances and curve data for the easement.) Response: There are two different Site Plans for both sides of Village Center Drive with approved dilation of paving: a. the way it is established is with the alignment of the eastbound lanes of traffic b. west side of the street has three lanes with a center divided turn lane c. east side of the street has two lanes d. requested for the easements on the Final Plat to reflect the approved Site Plans REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 17 e. third lane on the west of side of Village Center Drive f. 8° deflection going from the east side of Village Center Drive and across to the westbound lane g. providing two stop signs on both sides of the street Zoning Administrator Karen Gandy recommended deleting the word "center line" from item #6F on the staff review letter. Engineer Ron Harper commented that he had no problem with the applicant's request to approve as presented with the two reflected Site Plans. 2) requested for the Commission to approve it as presented which reflects the approved Site Plans 3) had no concerns with the other items on the staff review letter. Motion was made to approve ZA96 -40, Final Plat for Village Center, Phase II, Lots 1 -5, Block 2, subject to Plat Review Summary No. 1 dated April 12, 1996, amended as follows: 1) deleting item #6F (Align the center line 50' common access easement on this site with the center line of the 30.5' common access easement in Village Center, Phase I and provide bearings, distances and curve data for the easement.) Motion: Hobbs Second: Murphy Ayes: Wright, Arnold, Murphy, and Hobbs Nays: none Approved: 4 -0 Motion carried. (Planning and Zoning Meeting, 04- 18 -96, tape 1, section # 4008 -4 Zoning Administrator Karen Gandy commented that the Plat Vacation has been submitted to the Staff and will go before the Commission on May 9, 1996. AGENDA ITEM #10, ORDINANCE NO. 480 -V Zoning Administrator Gandy requested to table this item. Revisions for discussion: 1) the addition of super stores (e.g., big box retailers /wholesalers) as a permitted use in the "I -1" Light Industrial District which currently permits only 15% retail sales if related to their principal use; Commissioner Murphy asked Staff to define the size /square feet of the big box. Zoning Administrator Karen Gandy recommended 100,000 s.f. REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 18 The Commission recommended leaving the ordinance as stated, as the City has the ability on the Site Plan to define the "decorative related uses ", i.e., floor, carpet, etc. 2) the revisions to the accessory building requirements to permit such structures to exceed the maximum 14' height /single story requirement if additional setbacks are provided; Zoning Administrator Karen Gandy commented on the following items: a. that numerous applications have been presented before the Zoning Board of Adjustments for a variance on the 14' height/single story requirement for a detached garage, storage building, etc. that exceeds the 14'; for example, build a mezzanine to store hay b. recommended raising the height requirement to 20' or some height that the Commission feels comfortable with and the applicant accepts to build the building back from the property line at a greater distance so the building does not "bloom" over into someone else's back yard c. accessory buildings can be constructed as close as 10' to the side and rear property lines d. typically, the request comes from applicants that have larger than 1.00 acre lots Commissioner Murphy asked Staff if the City could restrict this too lots larger than 1.00 acres. Zoning Administrator Karen Gandy stated that a lot of the lots do not have the minimum 5.00 acres. She added that there is the issue of the 1,000 s.f. limit for a "SF -1A" Single Family Residential District. She recommended that the City go back to using the requirement of allowing 1,000 s.f. per acre that was stated in a previous ordinance. She added that this might help eliminate the cases that are presented to the Zoning Board of Adjustments. e. the "RE" Residential Estate District allows 5% of the total square footage of the lot Commissioner Hobbs asked Staff how often does the type of variance go before the Zoning Board of Adjustments. Zoning Administrator Karen Gandy stated that the ZBA is presented with this type at least 6 to 8 times on an annual basis. She added that the ZBA Board usually finds that the applicants are doing some type of agricultural use and trying to utilize their land. The Commission agreed that they were not opposed to making a revision on this requirement. 3) the clarification of development rights for properties zoned "AG ", but are less than the ten (1) acre minimum; Zoning Administrator Karen Gandy commented that when the entire City was rezoned, property that did not have a classification, was automatically zoned "AG" Agricultural District. She added that it is very difficult to administer accessory use. REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 19 The Commission requested to review this topic again at the next meeting. 4) the definition of flag lots, etc. This item was not discussed. Chairman Wright opened the public hearing. Scott Martin, 591 E. Dove Road, Southlake, Texas 76092, recommended the following items to be considered: 1) a second floor or mezzanine of a structure to be counted in the gross square footage for an accessory building 2) setbacks will be equal to or not exceed the height of the building. Motion was made to table Ordinance No. 480 -V to the Planning and Zoning Commission Meeting on May 9, 1996, and continue the public hearing. Motion: Murphy Second: Arnold Ayes: Wright, Arnold, Murphy, and Hobbs Nays: none Approved: 4 -0 Motion carried. (Planning and Zoning Meeting, 04- 18 -96, tape 1, section #4392 -5532) AGENDA ITEM #14. ADJOURNMENT Motion was made to approve the adjournment of the meeting at 10:20 p.m. on Thursday, April 18, 1996. Motion: Murphy Second: I obbs Ayes: Wright, Arnold, Murphy, and Hobbs Nays: none Approved: 4 -0 Motion carried. (Planning and Zoning Meeting, 04- 18 -96, tape 1, section #5533- 35) Joe Wri_ It Chairman REGULAR PLANNING AND ZONING AGENDA APRIL 18, 1996 PAGE 20 ATTEST: L rie Sheet Secretary G:\wpmmTG\miN\ 1996 \04- 18 -96. WPD THE STATE OF TEXAS * �- * COUNTY OF a/�?/4�l✓i • Y 1, as a member of the / /-44,44 make this affidavit and hereby on oath state the following: I, and/or a person or erso • • related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the V Z496 • 37 2F)14' 3F as those terms are defined in i Chapter 171, Texas Local Government Code. 4.1 The business entity is J-4 1/2 4 Z 45).—j (name) , . q 142.5 75°6;; (addres 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% or 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 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 / g day of 14. / 19 % . . l il■ Signat E- of Official Title BEFORE ME, the undersigned authority, this day personally appearedV'LiL[ on oath stated that the facts hereinabove stated are true to the best of knowledge or belief. Sworn to and subscribed to before me on this/ 8 day of C 21 — , 19 t . � \ °f PUB.c LAURIE M. SHEETS 1 * � * Notary Public % ` s �' /� STATE OF TEXAS 1 A P ■ ite Cr too M Comm. Ex ■ o .� Public in d for the State of Texas Y p. 10/30/99 ■ Type/Print Notary's Name My Commission Expires: G:\ W PF\FORMS\AFFID.FRM