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1996-09-05 P&Z Meeting City of Southlake, Texas REGULAR PLANNING & ZONING COMMISSION MEETING SEPTEMBER 5, 1996 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6:00 P.M. 1. Discussion of all items on tonight's meeting agenda. REGULAR SESSION: 7:00 P.M. AGENDA: 1. Call to Order. 2. Approval of the Minutes of the Regular Planning and Zoning Commission Meetings of August 8, 1996 and August 22, 1996. 3. Administrative Comments. 4. Consider: ZA 96 -81, REZONING AND CONCEPT PLAN FOR SOUTHLAKE WOODS, being approximately 105.26 acres situated in the W.R.Eaves Survey, Abstract No. 500, being a portion of Tract 2A2; in the T.J. Thompson Survey, Abstract No. 1502, Tracts 1D, 2, 2A, 2A2, 2A3 and 2B; and Lots 3, 4, 5, 6, and 7, Airpark Estates, as recorded in Volume 388 -123, Page 99, P.R.T.C.T. Location: North side of Continental Boulevard, west of Peytonville Avenue, east of Davis Boulevard, and south of F.M. 1709 (Southlake Blvd.). Current Zoning: "C -3" General Commercial District, "AG" Agricultural District, and "SF -1A" Single Family Residential District. Requested Zoning: "SF -20A" Single Family Residential District. Applicant: Toll Brothers, Inc. Owners: Robert G. Goode, Pat and Eileen Sheehey, and Bernard P. Cosgrove. SPIN Neighborhoods #14 and #15. Public Hearing. 5. Consider: ZA 96 -80, PRELIMINARY PLAT FOR SOUTHLAKE WOODS, being approximately 105.26 acres situated in the W.R.Eaves Survey, Abstract No. 500, being a portion of Tract 2A2; in the T.J. Thompson Survey, Abstract No. 1502, Tracts 1D, 2, 2A, 2A2, 2A3 and 2B; and Lots 3, 4, 5, 6, and 7, Airpark Estates, as recorded in Volume 388 -123, Page 99, P.R.T.C.T. and being proposed as the Southlake Woods Addition with 138 residential lots and 1 commercial lot. Location: North side of Continental Boulevard, west of Peytonville Avenue, east of Davis Boulevard, and south of F.M. 1709 (Southlake Blvd.). Current Zoning: "C -3" General Commercial District, "AG" Agricultural District, and SF -1A" Single Family Residential District. Applicant: Toll Brothers, Inc. Owners: Robert G. Goode, Pat and Eileen Sheehey, and Bernard P. Cosgrove. SPIN Neighborhoods #14 and #15. Public Hearing. City of Southlake, Texas REGULAR PLANNING AND ZONING AGENDA SEPTEMBER 5, 1996 PAGE 2 6. Consider: ZA 96 -96, REZONING AND SITE PLAN OF PROPOSED LOT 5R5, BLOCK 3, CIMMARRON ACRES ADDITION, being a portion of Lot 5, Block 3, Cimmarron Acres Addition, as originally recorded in Volume 388 -181, Page 8, P.R.T.C.T., and being approximately 3.207 acres situated in the J.G. Allen Survey, Abstract No. 18. Location: Northeast corner of Pearson Lane and Southlake Boulevard (F.M. 1709). Current Zoning: "C -2" Local Retail Commercial District. Requested Zoning: "CS" Community Service District. Owners /Applicants: City of Southlake. SPIN Neighborhood #16. Public Hearing. 7. Consider: ZA 96 -97, REZONING OF PROPOSED LOTS 5R1, 5R2, 5R3, AND 5R4, BLOCK 3, CIMMARRON ACRES ADDITION, being a portion of Lot 5, Block 3, Cimmarron Acres Addition, as originally recorded in Volume 388 -181, Page 8, P.R.T.C.T., and being approximately 4.742 acres situated in the J.G. Allen Survey, Abstract No. 18. Location: Northeast corner of Pearson Lane and Southlake Boulevard (F.M. 1709). Current Zoning: "C -2" Local Retail Commercial District. Requested Zoning: "SF -1A" Single Family Residential District. Owners /Applicants: City of Southlake. SPIN Neighborhood #16. Public Hearing. 8. Consider: ZA 96 -98, PLAT REVISION OF LOTS 5R1, 5R2, 5R3, 5R4, 5R5, 5R6, 6R1, and 6R2, BLOCK 3, CIMMARRON ACRES ADDITION, being a revision of Lots 5 and 6, Block 3, Cimmarron Acres Addition, as recorded in Volume 388 -181, Page 8, P.R.T.C.T., and being approximately 14.957 acres situated in the J.G. Allen Survey, Abstract No. 18. Location: Northeast corner of Pearson Lane and Southlake Boulevard (F.M. 1709). Current Zoning: "C -2" Local Retail Commercial District. Requested Zoning: "SF -1A" Single Family Residential, (Lots 5R1, 5R2, 5R3 & 5R4); "CS" Community Service District, (Lot 5R5); and "C -2" Local Retail Commercial District (Lots 5R6, 6R1 & 6R2). Owners /Applicants: City of Southlake. SPIN Neighborhood #16. Public Hearing. 9. Consider: ZA 96 -108, SPECIFIC USE PERMIT (FOR THE SALE OF PACKAGED BEER FOR OFF - PREMISE CONSUMPTION) FOR KROGER, described as being Lot 3, Block 1, Village Center, Phase I, approximately 13.077 acres situated in the T. Mahan Survey, Abstract No. 1049. Location: Southeast corner of the intersection of E. Northwest Highway (S.H. 114) and Village Center Drive and approximately 1000' west of Kimball Ave. Current Zoning: "C -3" General Commercial District. Applicant: The Kroger Company. Owner: T & M Southlake Development Company. SPIN Neighborhood #4. Public Hearing. City of Southlake, Texas REGULAR PLANNING AND ZONING AGENDA SEPTEMBER 5, 1996 PAGE 3 10. Consider: ZA 96 -109, REZONING AND CONCEPT PLAN FOR MESCO ADDITION, LOTS 1 THROUGH 4, being approximately 3.788 acres situated in the Thomas Mahan Survey, Abstract No. 1049, being a portion of Tracts 3A1, 3A2, and 6A as recorded in Volume 10336, Page 1466, D.R.T.C.T. Location: Northwest corner of the intersection of State Highway 114 and North Kimball Avenue. Current Zoning: "I -1 PUD" Light Industrial Planned Unit Development District. Requested Zoning: "C -2" Local Retail Commercial District. Applicant: Strode Property Co. Owner: Anderson Industries, Inc. SPIN Neighborhood #6. Public Hearing. 11. Consider: ZA 96 -110, REVISED CONCEPT PLAN FOR SOUTHLAKE CHURCH OF CHRIST, being legally described as Lot 3R, J. G. Allen No. 18 Addition and being approximately 6.8 acres. Location: 2501 W. Southlake Blvd., approximately 300' east of the intersection of Brock Drive and West Southlake Blvd. (FM 1709). Current Zoning: "CS" Community Service District. Applicant: FDS International. Owner: Southlake Church of Christ. SPIN Neighborhood #15. Public Hearing. 12. Consider: ZA 96 -111, FINAL PLAT FOR TIMARRON ADDITION, VILLAGE I, PHASE 1, described as being 33.88 acres situated in the Obediah W. Knight Survey, Abstract No. 899. Location: South of East Southlake Boulevard (F.M. 1709) and being north of and adjacent to Timarron Addition, Brenwyck, Phase 2. Current Zoning: "R - P.U.D." Residential Planned Unit Development District. Owner /Applicant: Timarron Land Corporation. SPIN Neighborhoods #9 and #10. 13. Consider: ZA 96 -112, REVISED CONCEPT PLAN OF THE PROPOSED LOTS 2, 3, 4, AND 5, BLOCK 1, FIRST AMERICAN SAVINGS BANC ADDITION, being approximately 3.83 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 1 C3. Location: North side of West Southlake Blvd. (F.M. 1709) and approximately 750' west of the intersection of North White Chapel Blvd. and Southlake Blvd. (F.M. 1709). Current Zoning: "S -P -2" Generalized Site Plan. Applicant: Terry Wilkinson. Owner: First American Savings Banc, S.S.B., Shareholder's Trust. SPIN Neighborhood #10. Public Hearing. 14. Consider: ZA 96 -113, SITE PLAN OF THE PROPOSED LOT 4, BLOCK 1, FIRST AMERICAN SAVINGS BANC ADDITION, being approximately 1.043 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 1C3. Location: approximately 400' north of West Southlake Blvd. (F.M. 1709) on the proposed Keystone Court, approximately 750' west of the intersection of North White Chapel Blvd. and Southlake Blvd. (F.M. 1709). Current Zoning: "S -P- 2" Generalized Site Plan District. Applicant: Terry Wilkinson. Owner: First American Savings Banc, S.S.B., Shareholder's Trust. SPIN Neighorhood #10. Public Hearing. City of Southlake, Texas 15. Consider: ZA 96 -114, REVISED PRELIMINARY PLAT FOR LOTS 2, 3, 4, AND 5, BLOCK 1, FIRST AMERICAN SAVINGS BANC ADDITION, being approximately 3.83 acres in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 1C3, as recorded in Volume 10641, Page 1628 D.R.T.C.T. The plat proposes four commercial lots. Location: on West Southlake Blvd. (F.M. 1709) approximately 750' west of the intersection of North White Chapel Blvd. and Southlake Blvd. (F.M. 1709). Current Zoning: "S -P -2" Generalized Site Plan. Applicant: Terry Wilkinson. Owner: First American Savings Banc, S.S.B., Shareholder's Trust. SPIN Neighborhood #10. Public Hearing. 16. Consider: ZA 96 -90, REZONING AND CONCEPT PLAN FOR SOUTHLAKE PROFESSIONAL PLAZA, being approximately 2.95 acres situated in the Hiram Granberry Survey, Abstract No. 581, Tract 2C, as recorded in Volume 8374, Page 2186, Deed Records, Tarrant County, Texas. Location: 521 W. Southlake Blvd.., south of the intersection of Shady Oaks Drive and West Southlake Blvd. (F.M. 1709). Current Zoning: "AG" Agricultural District. Requested Zoning: "0-1" Office District. Owner: Marvin C. Kennedy. Applicant: Larry D. Flynn. SPIN Neighborhood #14. Public Hearing. 17. Consider: ORDINANCE NO. 480 -W, REVISIONS TO THE ZONING ORDINANCE NO. 480, pertaining to telecommunication facilities, including towers, antennas, satellite dishes, and ancillary structures and the definition of kennel. Public Hearing. 18. 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, August 30, 1996 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. 04 solirit! r ,i g / Sandra L. LeGrand 4%** "' 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. L: \WP- FILES \MTGWGN\1996 \09- 05 -96. WPD REGULAR PLANNING AND ZONING COMMISSION MEETING September 5, 1996 1 COMMISSION PRESENT: Chairman Joe Wright, Vice - Chairman Rex Potter, Members: Ann 2 Creighton, Debra Edmondson, James Murphy, Dona Schroetke, and Lanny Tate 3 4 COMMISSION ABSENT: None 5 6 CITY STAFF PRESENT: Zoning Administrator Karen Gandy, Planner Dennis Killough, Planner 7 Chris Carpenter, Civil Engineer Shawn Poe, and Community Development Secretary Lori Farwell 8 9 The meeting was called to order by Chairman Wright at 7:05 p.m. 10 11 AGENDA ITEM #2, APPROVAL OF MINUTES: 12 Motion was made to approve the minutes of the August 8, 1996 and the August 22, 1996 Regular 13 Planning and Zoning Commission Meetings. 14 15 Motion: Potter 16 Second: Murphy Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton Nays: None 19 Approved: 7 -0 20 Motion carried. 21 22 (Planning and Zoning Meeting, 09- 05 -96, tape 1, section #20) 23 24 AGENDA ITEM #3, ADMINISTRATIVE COMMENTS: 25 Planner Chris Carpenter informed the Commission that the next Master Thoroughfare Plan Meeting 26 will most likely be on September 12, 1996 and, if so, packets will be delivered to the Commissioners 27 on September 6, 1996. 28 29 AGENDA ITEM #6, ZA 96 -96, REZONING AND SITE PLAN OF PROPOSED LOT 5R5, 30 BLOCK 3, CIMMARRON ACRES ADDITION: 31 AGENDA ITEM #7, ZA 96 -97, REZONING OF PROPOSED LOTS 5R1, 5R2, 5R3, AND 5R4, 32 BLOCK 3, CIMMARRON ACRES ADDITION: 33 AGENDA ITEM #8, ZA 96 -98, PLAT REVISION OF LOTS 5R1, 5R2, 5R3, 5R4, 5R5, 5R6, 6R1, 34 and 6R2, BLOCK 3, CIMMARRON ACRES ADDITION: 35 Motion was made at the applicant's request to table ZA96 -96, ZA96 -97, and ZA96 -98 and to 36 continue the Public Hearing to the October 3, 1996 Regular Planning and Zoning Meeting. 37 - I R Motion: Murphy Second: Potter -,0 Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 1 of 14 Nays: None 2 Approved: 7 -0 3 Motion carried. 4 5 (Planning and Zoning Meeting, 09- 05 -96, tape 1, section #67) 6 7 AGENDA ITEM #16, ZA 96 -90, REZONING AND CONCEPT PLAN FOR SOUTHLAKE 8 PROFESSIONAL PLAZA: 9 Motion was made at the applicant's request to table ZA96 -90 and to continue the Public Hearing 10 to the September 19, 1996 Regular Planning and Zoning Meeting. 11 12 Vice - Chairman Potter stated that due to the intense public interest on this item, it is unfair for the 13 applicant to keep tabling it from meeting to meeting. He feels the applicant needs to decide what 14 date he wants to present this item to the Commission and table it to a future date. Vice - Chairman 15 Potter stated that he would not support a similar tabling at the next meeting. 16 17 Motion: Murphy 18 Second: Edmondson 19 Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton 20 Nays: None Approved: 7 -0 Motion carried. Zi 24 (Planning and Zoning Meeting, 09- 05 -96, tape 1, section #116) 25 26 AGENDA ITEM #17, ORDINANCE NO. 480-W. REVISIONS TO THE ZONING ORDINANCE 27 NO. 480: 28 Motion was made at the applicant's request to table Ordinance No. 480 -W, Revisions to the Zoning 29 Ordinance No. 480 and to continue the Public Hearing to the September 19, 1996 Regular Planning 30 and Zoning Meeting. 31 32 Motion: Potter 33 Second: Murphy 34 Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton 35 Nays: None 36 Approved: 7 -0 37 Motion carried. 38 39 (Planning and Zoning Meeting, 09- 05 -96, tape 1, section #137) 40 41 AGENDA ITEM #4. ZA 96 -81, REZONING AND CONCEPT PLAN FOR SOUTHLAKE 42 WOODS: Planner Chris Carpenter informed the Commission that the applicant's amended request is for approximately 73.984 acres situated in the W.R.Eaves Survey, Abstract No. 500, being a portion of Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 2 of 14 Tract 2A2; in the T.J. Thompson Survey, Abstract No. 1502, Tracts 1D, 2, 2A, 2A2, 2A3 and 2B. 2 The property is located on the north side of Continental Boulevard, west of Peytonville Avenue, east 3 of Davis Boulevard, and south of F.M. 1709 (Southlake Blvd.). The current zoning is "C -3" General 4 Commercial District and "AG" Agricultural District. The requested zoning is "SF -20A" Single 5 Family Residential District. The Owners are Robert G. Goode, Pat and Eileen Sheehey, and Bernard 6 P. Cosgrove. The Applicant is Toll Brothers, Inc. The Land Use Categories are Medium Density 7 Residential and Mixed Use. The Corridor Recommendation is Retail Commercial - F.M. 1709 8 (same as in CS, 0-1, C -1, C -2, C -3, and B -1 districts) and Business /Service - F.M. 1938 (same as 9 in B -2, C -1, C -2, C -3, B -1 and 0-1 districts). The property is in SPIN Neighborhoods #14 and #15. 10 Forty -three (43) written notices were sent to property owners within the 200' notification area, and 11 there were eight (8) responses received. There were three (3) written responses received outside the 12 200' notification area. 13 14 A petition of opposition presented by Michael H. Lease, 370 South Peytonville, Southlake, TX 76092 15 was received with sixteen (16) signatures stating opposition to rezoning and platting. Of these 16 signatures, fifteen (15) were within 200' and one (1) was outside 200' notification area. Fourteen 17 (14) of the respondents also signed letters which offered four (4) reasons for their opposition. 18 Briefly, these are: 19 1. The increased traffic that this proposed development will bring to South Peytonville is totally 20 unacceptable. The traffic is already at a dangerous level in the morning and afternoon. 2. Lots 2 through 7 should remain as platted to maintain the rural setting. Any change in this original platting will upset the existing continuity. 3. Public safety vehicles may not have adequate access to this large of a development without 24 additional access roads. 25 4. Possible soils contamination due to years of questionable fuel, oil, and other hazardous 26 chemical storage and handling procedures need to be examined. 27 28 Thirty -nine (39) identical letters of support were received outside the 200' notification area. Reasons 29 cited include: "...the approval of this proposed development will result in the Airport being taken our 30 to service. Taking this airport out of service would alleviate concerns of small airplanes currently 31 taking off and landing over our homes and the grounds of the Carroll Elementary School." 32 33 Chairman Wright stated to the audience that the SF -20 request for Lots 3, 4, 5, 6, and 7 in Airpark 34 Estates has been withdrawn from the original request presented at the Regular Planning and Zoning 35 Meeting on August 8, 1996. 36 37 Barry Depew of Toll Brothers, Inc. was present to represent this item. Mr. Depew stated that several 38 changes have been made since the last meeting. These changes are: 39 • all lots which are adjacent to multi -acre properties have been increased to 1 to 1 '/2 acres lots 40 to create a better transition to the '/2 acre lots; 41 • more trees on this property were saved by increasing several lot sizes; 42 • the recreation facilities have been relocated from the heavily wooded area to the main entrance along West Continental Boulevard which is also more compatible with Ms. . r Livingston's use (e.g., stabling of horses) on the adjacent property to the west; Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 3 of 14 • they redesigned Elk's Lane to reduce the appearance of being the main entrance into this 2 subdivision; 3 • a 25' landscape easement has been placed along the larger lots to enhance the pre- existing 4 trees. 5 6 Helen -Eve Liebman of Post, Buckley, Schuh & Jernigan, Inc. was also present to represent this item. 7 She stated that she is in agreement with all Staff Comments in Review No. 3 dated August 30, 1996 8 with the exception of Item #3A requiring 30' setbacks on corner lots. 9 10 Chairman Wright asked the applicant to clarify where he intends to place a 25' landscape easement 11 and 4' wrought iron fence. Mr. Depew stated that he will place a 25' landscape easement and a 4' 12 wrought iron fence adjacent to all existing SF -1A lots and along Peytonville and Continental. 13 14 Mr. Depew stated that he does intend to place a masonry wall with a berm along the adjacent 15 industrial properties to the west and the commercial properties to the north and northwest. 16 17 Vice - Chairman Potter asked Mr. Depew if he would be willing to place a continuous fence or 18 masonry wall along Lots 11 through 16 on Deer Hollow Boulevard. Mr. Depew stated that he did 19 not like the idea of a masonry wall at that location. Chairman Wright suggested brick columns with 20 wood in between them. Mr. Depew stated that he would be agreeable to that. Commissioner Schroetke clarified that it would be an ornamental -type wood fence and not simply a stockade -type and Mr. Depew said that she was correct. 24 25 Vice - Chairman Potter and Chairman Wright asked Ms. Liebman if she would walk through the 26 concept plan with the Commission lot by lot to verify if her request for a 30' setback on corner lots 27 can be granted. The Commission agreed that there were no problems in granting this request. 28 29 Chairman Wright opened the public hearing. 30 31 Casimia Muzyka, 823 S. Peytonville, Southlake, Texas stated that he is very pleased with the changes 32 made since the first submittal, but still has some concerns with the lots adjacent to Airpark Estates. 33 34 Jim Giffen, 3002 Briar Lane, Southlake, Texas stated that he owns the industrial properties located 35 at 963 and 961 Greenwood Drive which are adjacent to Lots 5 through 10 in Block 1, Phase 1. He 36 is concerned about the future of his pre- existing industrial zoned properties. He feels that since his 37 property is already zoned industrial that it is unfair to place a residential zoning on property adjacent 38 to his property. By granting residential zoning, the Commission will be restricting his uses 39 considerably. He would be restricted in height, lighting and bufferyard requirements. He had 40 intended to build a two -story office building with light manufacturing in the rear which he could not 41 do if this property is zoned residential. 42 Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 4 of 14 Chairman Wright asked Mr. Depew if he would have a problem with a two -story office building 2 being built on Mr. Giffen's adjacent properties. Mr. Depew said that a two -story office building 3 would be fine with him, but that he did not like the light manufacturing use. 4 5 Carol Leigh Hamilton, legal counsel for Michael and Patricia Lease, 370 S. Peytonville, Southlake, 6 Texas stated that the Leases are in discussion with Toll Brothers, Inc. and are attempting to resolve 7 several issues. She stated that the Leases have no comments at this time. 8 9 Chairman Wright closed the public hearing. 10 11 Mr. Depew stated that an adjoining property owner, Mr. Harrell, had asked him if Toll Brothers, Inc. 12 would work with him if he needed access to lots 19 and 20 at some point in the future, and Mr. 13 Depew stated that Toll Brothers, Inc. would work with him and simply wanted to make the 14 Commission aware of that fact. 15 16 Motion was made to approve ZA 96 -81, Rezoning and Concept Plan for Southlake Woods subject 17 to Staff Review Letter No. 3 dated August 30, 1996 deleting Item #3A (granting applicant's request 18 for 30' setback on corner lots), revising fencing exhibit to extend masonry wall on west through Lot 19 11, providing brick column/wood fence on Lots 12 through 16, label berm on west property line, 20 providing 4' wrought iron fence along Peytonville and Continental except along dam overflow on Continental and deleting 4' wrought iron fence along Stonebury. Motion: Murphy 24 Second: Tate 25 Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton 26 Nays: None 27 Approved: 7 -0 28 Motion carried. 29 30 (Planning and Zoning Meeting, 09- 05 -96, tape 1, section #2665) 31 32 AGENDA ITEM #5. ZA 96 -80, PRELIMINARY PLAT FOR SOUTHLAKE WOODS: 33 Planner Chris Carpenter informed the Commission that the applicant's request is for approximately 34 105.26 acres situated in the W.R.Eaves Survey, Abstract No. 500, being a portion of Tract 2A2; in 35 the T.J. Thompson Survey, Abstract No. 1502, Tracts 1D, 2, 2A, 2A2, 2A3 and 2B; and Lots 3, 4, 36 5, 6, and 7, Airpark Estates, as recorded in Volume 388 -123, Page 99, P.R.T.C.T. and being 37 proposed as the Southlake Woods Addition with 128 residential lots and 1 commercial lot. The 38 property is located on the north side of Continental Boulevard, west of Peytonville Avenue, east of 39 Davis Boulevard, and south of F.M. 1709 (Southlake Blvd.). The current zoning is "C -3" General 40 Commercial District and "AG" Agricultural District. The Land Use Categories are Medium Density 41 Residential and Mixed Use. The Corridor Recommendation is Retail Commercial - F.M. 1709 42 (same as in CS, 0-1, C -1, C -2, C -3, and B -1 districts) and Business /Service - F.M. 1938 (same as in B -2, C -1, C -2, C -3, B -1 and 0-1 districts). The applicant is Toll Brothers, Inc. The owners are Robert G. Goode, Pat and Eileen Sheehey, and Bernard P. Cosgrove. The property is in SPIN Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 5 of 14 Neighborhoods #14 and #15. Forty -three (43) written notices were sent to property owners within 2 the 200' notification area, and there were eight (8) written responses received. There were three (3) 3 written responses received outside the 200' notification area. 4 5 A petition of opposition presented by Michael H. Lease, 370 South Peytonville, Southlake, TX 76092 6 was received with sixteen (16) signatures stating opposition to rezoning and platting. Of these 7 signatures, fifteen (15) were within 200' and one (1) was outside 200' notification area. Fourteen 8 (14) of the respondents also signed letters which offered four (4) reasons for their opposition. 9 Briefly, these are: 10 1. The increased traffic that this proposed development will bring to South Peytonville is totally 11 unacceptable. The traffic is already at a dangerous level in the morning and afternoon. 12 2. Lots 2 through 7 should remain as platted to maintain the rural setting. Any change in this 13 original platting will upset the existing continuity. 14 3. Public safety vehicles may not have adequate access to this large of a development without 15 additional access roads. 16 4. Possible soils contamination due to years of questionable fuel, oil, and other hazardous 17 chemical storage and handling procedures need to be examined. 18 19 Thirty -nine (39) identical letters of support were received outside the 200' notification area. Reasons 20 cited include: "...the approval of this proposed development will result in the Airport being taken our to service. Taking this airport out of service would alleviate concerns of small airplanes currently taking off and landing over our homes and the grounds of the Carroll Elementary School." 24 Helen -Eve Liebman of Post, Buckley, Schuh & Jernigan, Inc. was present to represent this item. She 25 stated that she is in agreement with all Staff Comments in Review No. 3 with the exception of Item 26 #6A requiring 30' setbacks on corner lots. 27 28 Chairman Wright opened the public hearing. 29 30 Larry Plunkett, 825 S. Peytonville, Southlake, Texas expressed his appreciation of the developers' 31 efforts to meet the concerns of the surrounding property owners. 32 33 Chairman Wright closed the public hearing. 34 35 Motion was made approve ZA 96 -80, Preliminary Plat for Southlake Woods subject to Staff Review 36 Letter No. 3 dated August 30, 1996, deleting Item #6A (granting applicant's request for 30' setbacks 37 on corner lots), modifying Item #6C to require a 35' front building line on Greenlea Cove Court and 38 30' front building line on Deer Hollow Boulevard. 39 40 Motion: Murphy 41 Second: Creighton 42 Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton Nays: None Approved: 7 -0 Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 6 of 14 Motion carried. 2 3 (Planning and Zoning Meeting, 09- 05 -96, tape 1, section #3128) 4 5 Chairman Wright called for a recess at 8:45 p.m. 6 7 Chairman Wright called the meeting back to order at 8:57 p.m. 8 9 AGENDA ITEM #9, ZA 96 -108, SPECIFIC USE PERMIT (FOR THE SALE OF PACKAGED 10 BEER FOR OFF - PREMISE CONSUMPTION) FOR KROGER: 11 Planner Chris Carpenter informed the Commission that the applicant's request is for a Specific Use 12 Permit (for the sale of packaged beer for off - premise consumption) for Kroger. The property is 13 described as being Lot 3, Block 1, Village Center, Phase I, approximately 13.077 acres situated in 14 the T. Mahan Survey, Abstract No. 1049. The property is located on the southeast corner of the 15 intersection of E. Northwest Highway (S.H. 114) and Village Center Drive and approximately 1000' 16 west of Kimball Ave. The current zoning is "C -3" General Commercial District. The Land Use 17 Category is Mixed Use. The Corridor Recommendation is Office Commercial (same as in CS, 0-1, 18 0-2, B -1, HC, MF -1 and MF -2 districts). The applicant is The Kroger Company. The owner is T 19 & M Southlake Development Company. The property is in SPIN Neighborhood #4. Eight (8) 20 written notices were sent to property owners within the 200' notification area, and there were no 21 responses received. Donald Silverman, Midland Group,15935 Bent Tree Forest Circle, Dallas, Texas was present to 24 represent the applicant on this item. 25 26 Chairman Wright opened the public hearing. No one in the audience stepped forward to speak. 27 Chairman Wright closed the public hearing. 28 29 Motion was made to approve ZA 96 -108, Specific Use Permit (for the sale of packaged beer for off - 30 premise consumption) for Kroger subject to Staff Review Letter No. 1 dated August 30, 1996. 31 32 Motion: Potter 33 Second: Tate 34 Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton 35 Nays: None 36 Approved: 7 -0 37 Motion carried. 38 39 (Planning and Zoning Meeting, 09- 05 -96, tape 1, section #3285) 40 41 AGENDA ITEM #10, ZA 96 -109, REZONING AND CONCEPT PLAN FOR MESCO ADDITION, 42 LOTS 1 THROUGH 4: Planner Chris Carpenter informed the Commission that the applicant's request is for the rezoning and concept plan for Mesco Addition, Lots 1 through 4, being approximately 3.788 acres situated Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 7 of 14 in the Thomas Mahan Survey, Abstract No. 1049, being a portion of Tracts 3A1, 3A2, and 6A as 2 recorded in Volume 10336, Page 1466, D.R.T.C.T. The property is located on the northwest corner 3 of the intersection of State Highway 114 and North Kimball Avenue. The current zoning is "I -1 4 PUD" Light Industrial Planned Unit Development District. The requested zoning is "C -2" Local 5 Retail Commercial District. The Land Use Category is Mixed Use. The Corridor Recommendation 6 is Retail Commercial (same as in CS, 0 -1, C -1, C -2, C -3, and B -1 districts). The applicant is 7 Strode Property Co. The owner is Anderson Industries, Inc. The property is in SPIN Neighborhood 8 #6. Four (4) written notices were sent to property owners within the 200' notification area, and there 9 were no responses received. 10 11 Adam Richey, Strode Property Company, was present to represent the applicant on this item. He 12 addressed the major concerns of their first submittal at the July 18, 1996 Regular Planning and 13 Zoning Meeting and presented the following changes: 14 15 • elimination of the kiosk structure on Lot 5 which, in turn, created 15 -20% more landscaping 16 on the corner 17 • elimination of the right in/right out only driveway on Kimball Ave. and incorporated a full 18 access driveway which will create common access between Lots 4 and 5 19 • relocation of the west driveway on State Highway 114 about 105' further to the west in order 20 to add a deceleration lane on State Highway 114 with a control island which was suggested 1 by city staff Chairman Wright asked Mr. Richey if he would provide a traffic impact analysis with his site plan 24 at a later date, and Mr. Richey stated that he is agreeable to that, however, he thought it might be 25 counter- productive to provide a traffic impact analysis until they are certain they have obtained the 26 rezoning on the property. He feels they have already addressed the concerns (i.e., the addition of a 27 deceleration lane, the placement of driveways) that a traffic impact analysis would have detailed. 28 He said that upon approval of the concept plan and rezoning, he would provide a traffic impact 29 analysis with the site plan. 30 31 Chairman Wright opened the public hearing. 32 33 Karen Cienki, 803 Shadowglen Drive, Southlake, Texas stated her concern about the two driveways 34 on State Highway 114 and would like to see the east driveway removed completely. She feels that 35 it is too close to the intersection. 36 37 Chairman Wright closed the public hearing. 38 39 Commissioner Edmondson stated that she feels the use is too intense for this corner and that possibly 40 one of the four lots should be removed. 41 42 Commissioner Edmondson also asked Mr. Richey if he would be willing to save as many of the trees on the property as possible, and he said that he would be willing to do that. Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 8 of 14 Michael Clark, Wickelman & Associates, 12800 Hillcrest, Suite 200, Dallas, Texas stated that they 2 have completed a tree survey and they do intend to save as many trees as possible, although, there 3 is about 4 -5' grade difference to make up around some trees which will hinder their efforts to save 4 them. He said he would be willing to remove a parking space or relocate an island in order to save 5 a tree. 6 7 Vice - Chairman Potter asked Mr. Richey if he would be willing to lessen the intensity of Lot 4 to 8 office use only and change the zoning request to "SP -2 ". After consultation with his colleagues, Mr. 9 Richey indicated he would be willing to reduce the use on Lot 4 to "0-1" and change the zoning 10 request to "SP -2 ". 11 12 Vice - Chairman Potter requested the following changes to be made in the bufferyards, and Mr. 13 Richey agreed: 14 15 • on State Highway 114 - from Type `J' to Type `K' 16 • on Kimball Ave. - from Type `E' to Type `C' 17 • double bufferyard `A' plantings in 5' bufferyard along the interior lot lines 18 • and provide bufferyard `A' plantings in open space areas along west side adjacent to drainage 19 channel. 20 71 Chairman Wright stated that "C -2" with the elimination of particular uses might be a more logical zoning on Lot 4 than "0-1". The Commissioners agreed on the following exclusions from "C -2" zoning listed in the Zoning Ordinance: #10- Christmas tree sales, #12- cleaners and laundromats, #16- 24 day nurseries, #22- filling stations or service stations operating with or without a convenience store, 25 #25- frozen food lockers, #26- grocery stores and meat markets, #33- restaurants, tea rooms, cafeterias, 26 fast food and "take -out" food restaurants, #37- tires, batteries and automobile accessory sales, and 27 #38- variety stores. They also excluded the following "C -1" uses: #4- cleaners and laundromats, #5- 28 filling stations that operate in conjunction with small convenience stores, #6- grocery stores and meat 29 markets, and #8- restaurants, tea rooms, and "take -out" food establishments. 30 31 Commissioner Creighton expressed her concern about the intensity of the proposed development and 32 the safety of the proposed driveway cuts at what is already an unsafe intersection. She indicated that 33 State Highway 114 has not been improved and may not be improved for several years and the 34 Commission should not simply pretend that a frontage road exists. She stated that she agreed with 35 the concerns expressed by Karen Cienki that the driveway cuts were not safe given the volume of 36 traffic through the intersection. She also stated that the Commission should not approve the 37 applicant's request for variances from the City's driveway and throat depth requirements because 38 the proposed development is an intense use at an intersection that is already unsafe. 39 40 Motion was made to approve ZA 96 -109, Rezoning and Concept Plan for Mesco Addition, Lots 1 41 through 4 subject to Staff Review Letter dated August 30, 1996 modifying Item #3 to allow offset 42 of bufferyard on Lot 5 and reconfiguring bufferyard between Lots 4 and 6 to north; deleting Item #4A and #4B; requiring a traffic impact analysis and tree survey with site plan; modifying bufferyard on State Highway 114 from `J' to `K'; modifying bufferyard on Kimball Ave. from `E' to `C'; Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 9 of 14 doubling `A' plantings in 5' `A' bufferyard along interior lot lines; providing bufferyard `A' 2 plantings in open space areas along the west adjacent to drainage channel; and amending the request 3 to "SP -2" with "C -2" uses on Lots 4 - 7, excluding from Lot 4 the following "C -2" uses: #10, 12, 16, 4 22, 25, 26, 33, 37 and 38 and the following "C -1" uses: #4, 5, 6 and 8. 5 6 Commissioner Edmondson asked whether the following statement in Section 32 "S -P -2" 7 (Generalized) Site Plan District Regulations, (As amended by Ordinance No. 480 -C) had any bearing 8 on the application: 9 10 "32.2 PERMITTED USES - ... No variances to any other City ordinance, code or regulation will 11 be permitted within this district. . . ." 12 13 Zoning Administrator Karen Gandy stated that this specific provision was in place prior to the 14 adoption of the "freestanding" development ordinances (e.g., landscaping, driveway, etc.) Ms. 15 Gandy further added that this provision was brought to the Commission during Ordinance No. 480 -V 16 discussions; however, the Commission was unable to agree on any revised language and decided to 17 continue the policy of considering variances to any development - related ordinances during the 18 concept plan/site plan reviews. 19 20 [After re- thinking this issue, Ms. Gandy added this statement prior to approval of the minutes: Within each of the "freestanding" development ordinances, there is specific provision for the Council to grant variance requests. This applicant requested a variance to certain driveway ordinance requirements.] 24 25 Commissioner Murphy stated that he feels variances would not be allowed to city codes (i.e., 26 Building Code, Fire code), but could be allowed to city ordinances. City Staff agreed with 27 Commissioner Murphy, but stated that the wording is not precise. 28 29 Commissioner Creighton stated that the ordinance was quite clear and unambiguous and stated that 30 it clearly stated that no variances to any City ordinance, code or regulation are permitted within this 31 zoning classification. Commissioner Murphy stated that he felt that whether the statement is 32 ambiguous depends on whether you are for or against the zoning request. Commissioner Creighton 33 stated that she was not giving the ordinance a biased reading but that it was quite clear that the 34 variances being requested by the applicant are not permitted. Commissioner Wright stated that the 35 Commission could vote on the request and allow the City Council to consider whether the variances 36 were permitted because City Council would have the benefit of an opinion from the City Attorney. 37 38 Motion: Potter 39 Second: Murphy 40 Ayes: Tate, Wright, Potter, Murphy 41 Nays: Schroetke, Edmondson, Creighton 42 Approved: 4 -3 Motion carried. Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 10 of 14 (Planning and Zoning Meeting, 09- 05 -96, tape 1, section #6991) 2 3 AGENDA ITEM #11, ZA 96 -110, REVISED CONCEPT PLAN FOR SOUTHLAKE CHURCH 4 OF CHRIST: 5 Planner Chris Carpenter informed the Commission that the applicant's request is for the revised 6 concept plan for Southlake Church of Christ. The property is legally described as Lot 3R, J. G. 7 Allen No. 18 Addition and being approximately 6.8 acres. The property is located at 2501 W. 8 Southlake Blvd., approximately 300' east of the intersection of Brock Drive and West Southlake 9 Blvd. (FM 1709). The current zoning is "CS" Community Service District. The Land Use Category 10 is Public /Semi - Public. The Corridor Recommendation is Residential (any Single Family district). 11 The applicant is FDS International. The owner is Southlake Church of Christ. The property is in 12 SPIN Neighborhood #15. Eight (8) written notices were sent to property owners within the 200' 13 notification area, and there were two (2) responses received. There was one (1) response received 14 outside the 200' notification area. 15 16 Michael Skaistis, FDS International, 320 Decker Lane, Irving, Texas was present to represent the 17 applicant and had questions regarding Staff Comments #4C, 4E, and 5. He stated that there are 18 already three driveways on the site, and they want to leave them as they are. He stated that due to 19 the limited amount of time the church is in use, the stacking issues with the driveways would not be 20 an issue. In regards to parking spaces encroaching into the north bufferyard, he stated that the 7 1 parking spaces in question are existing, and he is requesting that he not be required to remove those in order to increase bufferyards. 24 Vice - Chairman Potter asked Mr. Skaistis if he would be willing to move the west driveway more 25 towards the west to allow for easier flow into the back parking lot, and Mr. Skaistis thought that 26 would be a good idea and would do that. The Commission discussed eliminating the east driveway 27 altogether and opening up the east parking lot into the main parking lot. 28 29 Chairman Wright asked Mr. Skaistis if he is aware of complaints of surrounding neighbors in regards 30 to drainage and flooding problems. Mr. Skaistis stated that he is aware of the complaints and intends 31 to eliminate the flooding. 32 33 Chairman Wright opened the public hearing. 34 35 Al Peters, 200 Brock Drive, Southlake, Texas stated his opposition and was concerned about 36 flooding issues. He is concerned about the speed and quantity of water coming down the hill. He 37 stated that he and surrounding neighbors have spent considerable time and money repairing damage 38 from the water coming off this site. 39 40 Jack Weisman, 2607 W. Southlake Blvd., Southlake, Texas stated his opposition to this project and 41 said that the southern boundary of the church is in error of about 13' into his property. He is also 42 concerned about the large amount of pavement and buildings being placed on this site which will create more flooding onto his property because there will be no room for absorption. Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 11 of 14 June Haney, 400 Brock Drive, Southlake, Texas said she is extremely concerned about the flooding 2 onto the surrounding properties and into the homes and is worried about her safety and that of her 3 neighbors. She is also concerned about the church's lighting which is already a nuisance to the 4 surrounding homes. 5 6 In light of the discussion on flooding, Chairman Wright asked Mr. Skaistis if he could present a full 7 drainage study at a future date along with the site plan, and he said he would do that. 8 9 Chairman Wright also asked Mr. Skaistis if he could get a traffic engineer to look at the plan and 10 make a recommendation as to whether the east driveway should be removed. 11 12 Karen Cienki, 803 Shadowglen Drive, Southlake, Texas stated her concern about the two east 13 driveways being so close to one another. 14 15 Glenda Weisman, 2607 W. Southlake Blvd, Southlake, Texas is extremely concerned about flooding 16 onto neighboring properties. 17 18 Chairman Wright closed the public hearing. 19 20 Vice - Chairman Potter suggested that this item be tabled until the September 19, 1996 Planning and 1 Zoning Meeting so that the applicant can further address the following issues: driveways, traffic flow, drainage, lighting, and the southern property line discrepancy. 24 Commissioner Edmondson suggested that the church pay more attention to the surrounding property 25 owners' concerns. 26 27 Motion was made at the applicant's request to table ZA 96 -110, Revised Concept Plan for Southlake 28 Church of Christ to the October 3, 1996 Regular Planning and Zoning Meeting. 29 30 Motion: Potter 31 Second: Murphy 32 Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton 33 Nays: None 34 Approved: 7 -0 35 Motion carried. 36 37 (Planning and Zoning Meeting, 09- 05 -96, tape 2, section #3232) 38 39 AGENDA ITEM #13. ZA 96 -112, REVISED CONCEPT PLAN OF THE PROPOSED LOTS 2, 40 3, 4, AND 5, BLOCK 1, FIRST AMERICAN SAVINGS BANC ADDITION: 41 AGENDA ITEM #14, ZA 96 -113, SITE PLAN OF THE PROPOSED LOT 4, BLOCK 1, FIRST 42 AMERICAN SAVINGS BANC ADDITION: AGENDA ITEM #15, ZA 96 -114, REVISED PRELIMINARY PLAT FOR LOTS 2, 3, 4. AND 5, BLOCK 1. FIRST AMERICAN SAVINGS BANC ADDITION: Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 12 of 14 Motion was made to table ZA 96 -112, ZA 96 -113, and ZA96 -114 at the applicant's request and to 2 continue the Public Hearing to the September 19, 1996 Regular Planning and Zoning Meeting due 3 to the Case Limitation Resolution. 4 5 Motion: Murphy 6 Second: Potter 7 Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton 8 Nays: None 9 Approved: 7 -0 10 Motion carried. 11 12 (Planning and Zoning Meeting, 09- 05 -96, tape 2, section #3327) 13 14 Chairman Wright stepped down and Vice - Chairman Potter presided over Agenda Item #12. 15 16 AGENDA ITEM #12, ZA 96 -111, FINAL PLAT FOR TIMARRON ADDITION, VILLAGE I, 17 PHASE 1: 18 Planner Chris Carpenter informed the Commission that the applicant's request is for a final plat for 19 Timarron Addition, Village I, Phase 1. The property is described as being 33.88 acres situated in 20 the Obediah W. Knight Survey, Abstract No. 899. The property is located south of East Southlake 91 Boulevard (F.M. 1709) and being north of and adjacent to Timarron Addition, Brenwyck, Phase 2. The current zoning is "R- P.U.D." Residential Planned Unit Development District. The property is in three (3) Land Use Categories which are: Low Density Residential, Medium Density Residential 24 and Floodplain. The owner and applicant is Timarron Land Corporation. The property is in SPIN 25 Neighborhoods #9 and #10. No written notices were required to be sent to property owners within 26 the 200' notification area on final plats. 27 28 Steve Yetts, 300 E. Carpenter Freeway, Suite 1425, Irving, Texas was present to represent the 29 applicant on this item. 30 31 Motion was made to approve ZA 96 -111, Final Plat for Timarron Addition, Village I, Phase 1 32 subject to Staff Review Letter No. 1 dated August 30, 1996. 33 34 Motion: Murphy 35 Second: Tate 36 Ayes: Schroetke, Tate, Potter, Edmondson, Murphy, Creighton 37 Nays: None 38 Abstain: Wright 39 Approved: 6 -0 -1 40 Motion carried. 41 42 (Planning and Zoning Meeting, 09- 05 -96, tape 2, section #3588) Chairman Wright resumed chairmanship of the meeting. Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 13 of 14 AGENDA ITEM #18. MEETING ADJOURNMENT: 2 Motion was made to approve the adjournment of the meeting at 12:14 a.m. on September 6, 1996. 3 4 Motion: Murphy 5 Second: Potter 6 Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton 7 Nays: None 8 Approved: 7 -0 9 Motion carried. 10 11 (Planning and Zoning Meeting, 09- 05 -96, tape 2, section #3622) 12 13 14 15 18 Joe Wrig 19 Chairman 20 21 ATTEST: L -f 25 26 1 mot 0 29 Lori A. Farwell 30 Community Development Secretary 31 32 33 L: \WP- FILES \MTG \MIN\1996 \09- 05- 96.WPD Planning and Zoning Commission Meeting Minutes on September 5, 1996 Page 14 of 14 THE STATE OF TEXAS COUNTY OF rcz r r * I, Joe tvrlc, [14' as amemberofthe PI - )ri owl mis;ICi1 make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the —11( as those terms are defined in Chapter 171, Texas Local Government Code. The business entity is 0V1 cLr rn ✓l La vlct l r ecY-o'-F"ic v1 (name) 0.-1(17-14 etL , Su( e ) ' (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% 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 day of • • in AV --\ Signature of facial Title BEFORE ME, the undersigned authority, this day personally appeared c.©Q- Lt rI 1'14 on oath stated that the facts hereinabove stated are true to the best of Vvi l knowledge or belief. Sworn to and subscribed to before me on this day of �P.,ri - e 44 !- ' , 19 qC., . .°4 „ KAREN P' GANDY (r . 1 / //,, , Notary P a'i .. t Notary Public in and for e State of Texas STATE OF T :CAS Z : ','y Comm. b3 /19!98 ■ • �. Z4 • Karen P. Gandy Type/Print Notary's Name My Commission Expires: 3'1/I'/8 G:\WPRFORMS\AFFID.FRM