1996-12-05 P&Z Meeting City of Southlake, Texas
REGULAR PLANNING & ZONING COMMISSION MEETING DECEMBER 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 Meeting of November
21, 1996.
3. Administrative Comments.
4. Consider: ZA 96 -136, REZONING AND CONCEPT PLAN FOR FOXBOROUGH
(FORMERLY FOX GLEN), for approximately 23.7 acres being Tract 3F and
approximately 0.186 acres being a portion of Tract 3E in the W. W. Hall Survey,
Abstract No. 695. This request proposes 63 residential lots, 2 non - residential lots
and 3 common areas. The applicant has withdrawn their original request for the
rezoning of 0.186 acres from "0-1" Office District to "SF -20A" Single Family
Residential District. The applicant has also amended their original request to 64
residential lots, 1 non - residential lot , and 4 common areas. Location: North side of
East Southlake Blvd. (F.M. 1709), approximately 1140' west of the intersection of
East Southlake Blvd. and N. Carroll Ave. Current Zoning: "AG" Agricultural
District, and "0-1" Office District. Requested Zoning: (on the above referenced
23.89 acres) is "SF -20A" Single Family Residential District. A Concept Plan for
Foxborough totaling approximately 48.9 acres will be considered with the rezoning
request plus additional acreage as follows: approximately 21.72 acres, described as
the northern portion of Tract 3E in the W. W. Hall Survey, Abstract No. 695,
previously zoned "SF -20A" zoning and approved as Country Meadow Estates;
approximately 1.72 acres zoned "0-1" Office District; and approximately 1.57 acres
zoned "C -1" Neighborhood Commercial District. Applicant: Crumbaker
Development, Inc. Owners: Beulah Cross c/o Ben Muir (Tract 3F) and Homei Liao
and Jai Her Hwang, Trustees (portion of Tract 3E). SPIN Neighborhood #10.
Public Hearing.
5. Consider: ZA 96 -137, PRELIMINARY PLAT FOR FOXBOROUGH (FORMERLY FOX
GLEN), on property described as being approximately 48.9 acres, being Tracts 3E
and 3F in the W. W. Hall Survey, Abstract No. 695. This plat proposes 63 residential
lots, 2 non - residential lots, and 3 common areas. The applicant has amended their
original request to 64 residential lots, 1 non - residential lot , and 4 common areas.
City of Southlake, Texas
REGULAR PLANNING AND ZONING AGENDA
DECEMBER 5, 1996
PAGE 2
Location: North side of East Southlake Blvd. (F.M. 1709). approximately 1140'
west of the intersection of East Southlake Blvd. and N. Carroll Ave. Current Zoning:
"AG" Agricultural District, "SF -20A" Single Family Residential, "C -1"
Neighborhood Commercial District, and "0-1" Office District. Applicant:
Crumbaker Development, Inc. Owners: Homei Liao and Jai Her Hwang, Trustees
(Tract 3E) and Beulah Cross c/o Ben Muir (Tract 3F). SPIN Neighborhood #10.
Public Hearing.
6. Consider: ZA 96 -145, REZONING AND CONCEPT PLAN FOR SOUTHLAKE TOWN
CENTER, on property described as being approximately 109.330 acres situated in
the Richard Eads Survey, Abstract No. 481, being Tracts 2A and 3A and a portion
of Tract 3. The property is bordered by the following thoroughfares: State Highway
114 on the north; Southlake Boulevard (F.M. 1709) on the south; and North Carroll
Avenue on the west. Current Zoning: "C -3" General Commercial District.
Requested Zoning: "NR -PUD" Non - Residential Planned Unit Development to
include "C -3" General Commercial District uses. Applicant: Rialto Development,
L.P. Owners: FECHTEL GROUP (partnership) with general partners: Alicia Marie
Fechtel, Charles Fechtel, Mary Louise Logan, John Randolph Fechtel, Marguerite
Elizabeth Fechtel, and James Milton Fechtel (Tract 3); and Lorrie W. Beck, Leslie
W. Klingman, and Carol Jean Peterka (Tracts 2A & 3A). SPIN Neighborhood #4.
Public Hearing.
7. Consider: ZA 96 -146, SITE PLAN FOR MESCO ADDITION, LOT 5, on property legally
described as Lot 5, Block 1, Mesco Addition, and being approximately 1.190 acres
situated in the Thomas Mahan Survey, Abstract No. 1049. Location: Northwest
corner of State Highway 114 and Kimball Avenue. Current Zoning: "SP -2"
Generalized Site Plan District to include "C -2" Local Retail Commercial District
uses. Applicant: Strode Property Company. Owner: Anderson Industries, Inc. SPIN
Neighborhood #6.
Public Hearing.
8. Consider: ZA 96 -147, SPECIFIC USE PERMIT (FOR THE SALE OF PACKAGED BEER
FOR OFF - PREMISE CONSUMPTION), on property legally described as Lot 5,
Block 1, Mesco Addition, and being approximately 1.190 acres situated in the
Thomas Mahan Survey, Abstract No. 1049. Location: Northwest corner of State
Highway 114 and Kimball Avenue. Current Zoning: "SP -2" Generalized Site Plan
District to include "C -2" Local Retail Commercial District uses. Applicant: Strode
Property Company. Owner: Anderson Industries, Inc. SPIN Neighborhood #6.
Public Hearing.
9. 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.
City of Southlake, Texas
REGULAR PLANNING AND ZONING AGENDA
DECEMBER 5, 1996
PAGE 3
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.
10. Consider: ZA 96 -148, SITE PLAN FOR LIBERTY BANK, on property legally described as
Lot 1E1, W. E. Mayfield Addition, and being approximately 0.892 acres situated in
the Samuel Freeman Survey, Abstract No. 525 and the Thomas Easter Survey,
Abstract No. 474. Location: 2438 E. Southlake Boulevard (F.M. 1709). on the north
side of Southlake Boulevard (F.M. 1709). and approximately 280' east of Bluebonnet
Drive. Current Zoning: "C -2" Local Retail Commercial District. Owner and
Applicant: Liberty Bank. SPIN Neighborhood #7.
Public Hearing.
11. Consider: ZA 96 -150, REZONING AND SITE PLAN FOR THE CHILDREN'S
COURTYARD, on property described as approximately 3.207 acres situated in the
R. J. Paden Survey, Abstract No. 1255, and being Tracts lA and 1A1. Location:
South side of Southlake Boulevard (F.M. 1709) and approximately 200' west of the
intersection of Waterford Drive and Southlake Boulevard (F.M.1709). Current
Zoning: "AG" Agricultural District. Requested Zoning: "SP -1" Detailed Site Plan
District with varied "C -2" Local Retail Commercial District uses. Applicant:
Realtex Ventures, Inc. Owners: Lila M. Pinson (Tract 1A) and Lloyd Martinson
(Tract 1A1). SPIN Neighborhood #13.
Public Hearing.
12. 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.
13. Consider: ORDINANCE NO. 480 -X, REVISIONS TO SECTION 30, "PUD" PLANNED
UNIT DEVELOPMENT, OF THE CITY'S ZONING ORDINANCE NO. 480,
pertaining to residential density.
Public Hearing.
14. Consider: ZA 96 -151, SITE PLAN OF THE VILLAGE AT TIMARRON, Phase I, being
proposed as Lot 3, Block 60, Timarron Addition, Phase 5, and being legally
described as being a portion of Lots 1C2 and Lot 1B2, Block 1, Dilg Place, and being
approximately 3.50 acres situated in the Obediah W. Knight Survey, Abstract No.
899. Location: South side of West Southlake Blvd. (F.M. 1709) at the southeast
corner of W. Southlake Blvd. (F.M. 1709) and the proposed Byron Nelson Parkway.
Current Zoning: "P.U.D." Planned Unit Development District, being P.U.D. No. 1,
Timarron and permitting "C -2" Local Retail uses on this site. Applicant: Venus
(Drews) Partner V, L.P.. Owner: Timarron Land Corporation. SPIN Neighborhood
#9.
City of Southlake, Texas
REGULAR PLANNING AND ZONING AGENDA
DECEMBER 5, 1996
PAGE 4
Public Hearing.
15. Consider: ZA 96 -152, REZONING AND CONCEPT PLAN FOR SOUTHLAKE CHURCH
OF CHRIST, on property being described as Lot 1, Brock Addition, an Addition to
the City of Southlake, Tarrant County, Texas, according to the plat recorded in
Volume 388 -44, Page 40, Plat Records, Tarrant County, Texas, save and except the
portion awarded to the State of Texas by Agreed Judgement entered in Cause No.
153- 127796 -90, a certified copy of which is recorded in Volume 11284, Page 1121,
Deed Records, Tarrant County, Texas. Also part of this consideration is a Revised
Concept Plan on property being described as Lot 3R, J. G. Allen No. 18 Addition,
an addition to the City of Southlake, Tarrant County, Texas, according to the plat
recorded in Cabinet A, Slide 2174, Plat Records, Tarrant County, Texas, and Lot 1,
Brock Addition, an Addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Volume 388 -44, Page 40, Plat Records, Tarrant
County, Texas, save and except the portion awarded to the State of Texas by Agreed
Judgement entered in Cause No. 153- 127796 -90, a certified copy of which is
recorded in Volume 11284, Page 1121, Deed Records, Tarrant County, Texas.
Location: Southwest corner of the intersection of Brock Drive and West Southlake
Blvd. (F.M. 1709). Current Zoning: "SF -1A" Single Family Residential District (Lot
1, Brock Addition) and "CS" Community Service District (Lot 3R, J. G. Allen No.
18 Addition). Requested Zoning: "CS" Community Service District (Lot 1, Brock
Addition). Applicant: FDS International. Owners: Jimmie O. and Judith A.
Hettinger (Lot 1, Brock Addition) and Southlake Church of Christ (Lot 3R, J. G.
Allen No. 18 Addition). SPIN Neighborhood #15.
Public Hearing.
16. Consider: ZA 96 -153, FINAL PLAT OF SOUTHLAKE WOODS, PHASE 1A, being
approximately 11.7370 acres situated in the Thomas J. Thompson Survey, Abstract
No. 1502, and being Tract 2A3 and a portion of Tract 2A2. This Final Plat proposes
13 residential lots and 3 common areas. Location: North side of West Continental
Blvd. and approximately 900' west of the intersection of S. Peytonville Ave. and
West Continental Blvd. Current Zoning: "SF -20A" Single Family Residential
District. Applicant: Post, Buckley, Schuh & Jernigan. Owner: Robert G. Goode.
SPIN Neighborhood #15.
Public Hearing.
17. Consider: ZA 96 -154, PRELIMINARY PLAT FOR CALLICOTT /RHODES FARM, on
property described as being approximately 12.98 acres, being Tracts 1B3 and 1B3C
in the L. H. Chivers Survey, Abstract No. 300. Location: South side of East Dove
Street at the intersection of East Dove Street and Ridgecrest Drive. Current Zoning:
"SF -1A" Single Family Residential District. Applicant: Forshey Consulting
Services, Inc. Owners: Cari Rhodes, Kevin Rhodes, and Sonja Callicott. SPIN
Neighborhood #4.
Public Hearing.
City of Southlake, Texas
REGULAR PLANNING AND ZONING AGENDA
DECEMBER 5, 1996
PAGE 5
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 Wednesday, November 27, 1996 at 5:00 p.m., pursuant
to the Texas Government Code, Chapter 551.
o t 01/72+
ke
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Sandra L. LeG rand
City Secretary
41 „ � 4 �
If you plan to attend this public meeting and have a disability that ial 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 : \W P- FILES \MTG W GN\ 1996 \ 12- 05 -96. WPD
REGULAR PLANNING AND ZONING
COMMISSION MEETING
December 5, 1996
1 COMMISSION PRESENT: Chairman Joe Wright, Vice - Chairman Rex Potter; Members: Ann
2 Creighton, Debra Edmondson, and Dona Schroetke
3
4 COMMISSION ABSENT: Commissioners Lanny Tate and James Murphy
5
6 CITY STAFF PRESENT: Zoning Administrator Karen Gandy, City Engineer Ron Harper, Planner
7 Chris Carpenter, Planner Dennis Killough and Community Development Secretary Lori Farwell
8
9 The meeting was called to order by Chairman Wright at 7:12 p.m.
10
11 AGENDA ITEM #2, APPROVAL OF MINUTES:
12 Chairman Wright opened discussion of the minutes of the November 21, 1996, Regular Planning
13 and Zoning Commission Meeting.
14
15 Motion was made to approve the minutes of the November 21, 1996, Regular Planning and Zoning
16 Commission Meeting.
17
1 8 Motion: Potter
Second: Schroetke
20 Ayes: Potter, Schroetke, Wright, Edmondson, Creighton
21 Nays: None
22 Approved: 5 -0
23 Motion carried.
24
25 (Planning and Zoning Meeting, 12- 05 -96, tape 1, section #22)
26
27 AGENDA ITEM #3, ADMINISTRATIVE COMMENTS:
28 Zoning Administrator Karen Gandy informed the Commission that there will be a work session held
29 on December 12, 1996, at City Hall in the Council Chambers with an executive session beginning
30 at 6:30 p.m. and a regular session beginning at 7:00 p.m. The meeting is being held to discuss
31 Timarron's Non - Residential Planned Unit Development. She stated that if the number of people in
32 attendance that evening exceeds the room's capacity, the meeting may be moved to Johnson
33 Elementary, but that the meeting will begin in the Council Chambers.
34
35 (Planning and Zoning Meeting, 12- 05 -96, tape 1, section #41)
36
37 AGENDA ITEM #7, ZA96 -146, SITE PLAN FOR MESCO ADDITION, LOT 5; AND
38 AGENDA ITEM #8. ZA96 -147, SPECIFIC USE PERMIT (FOR THE SALE OF PACKAGED
39 BEER FOR OFF - PREMISE CONSUMPTION):
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 1 of 20
1 Motion was made at the applicant's request to table ZA96 -146 and ZA96 -147 and to continue the
Public Hearing to the December 19, 1996, Regular Planning and Zoning Commission Meeting
3
4 Motion: Potter
5 Second: Edmondson
6 Ayes: Potter, Edmondson, Wright, Schroetke, Creighton
7 Nays: None
8 Approved: 5 -0
9 Motion carried.
10
11 (Planning and Zoning Meeting, 12- 05 -96, tape 1, section #72)
12
13 AGENDA ITEM #4, ZA96 -136, REZONING AND CONCEPT PLAN FOR FOXBOROUGH
14 (FORMERLY FOX GLEN):
15 Planner Chris Carpenter informed the Commission that the applicant's request is for the Rezoning
16 and Concept Plan for approximately 23.7 acres being Tract 3F and approximately 0.186 acres being
17 a portion of Tract 3E in the W. W. Hall Survey, Abstract No. 695. This request proposes 63
18 residential lots, 2 non - residential lots and 3 common areas. The applicant has withdrawn their
19 original request for the rezoning of 0.186 acres from "0-1" Office District to "SF -20A" Single
20 Family Residential District. The applicant has also amended their original request to 64 residential
21 lots, 1 non - residential lot , and 4 common areas. The property is located on the north side of East
22 Southlake Blvd. (F.M. 1709), approximately 1140' west of the intersection of East Southlake Blvd.
and North Carroll Ave. The current zoning is "AG" Agricultural District, and "0-1" Office District.
24 The requested zoning (on the above referenced 23.89 acres) is "SF -20A" Single Family Residential
25 District. A Concept Plan for Foxborough totaling approximately 48.9 acres will be considered with
26 the rezoning request plus additional acreage as follows: approximately 21.72 acres, described as the
27 northern portion of Tract 3E in the W. W. Hall Survey, Abstract No. 695, previously zoned "SF-
28 20A" zoning and approved as Country Meadow Estates; approximately 1.72 acres zoned "0-1"
29 Office District; and approximately 1.57 acres zoned "C -1" Neighborhood Commercial District. The
30 Land Use Categories are Medium Density Residential (may include limited low intensity office
31 and/or retail uses) and Mixed Use (may include office buildings, hotels, and commercial and retail
32 centers that serve local and regional needs). The Corridor Recommendation is Residential Areas
33 (Any Single Family District). The applicant is Crumbaker Development, Inc. The owners are
34 Beulah Cross c/o Ben Muir (Tract 3F) and Homei Liao and Jai Her Hwang, Trustees (portion of
35 Tract 3E). The property is in SPIN Neighborhood #10. As a result in an over - notification, forty -
36 one (41) written notices were sent to property owners within the 200' notification area, and
37 seventeen (17) written responses were received. Seven (7) responses were received outside the
38 200' notification area of which one (1) was in favor and six (6) were opposed. A petition of
39 opposition from the property owners on Ownby Lane was also received with thirty -nine (39)
40 signatures. A petition of opposition from the property owners in Mission Hill Estates was also
41 received with sixty -eight (68) signatures.
42
43 David McMahan, 1335 Hidden Glen, Southlake, Texas, presented this item to the Commission. He
stated that he has met with SPIN Neighborhood #10 for a second time and has revised his plans
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 2 of 20
according to the residents' concerns from that meeting and the concerns raised at the November 14,
2 1996, Regular Planning and Zoning Commission Meeting. He stated that he rerouted Ownby Lane
3 to the north at the suggestion of Commissioner Tate and feels that this will significantly reduce the
4 amount of cut - through traffic from Southlake Boulevard to Carroll Avenue. Mr. McMahan said that
5 he added 31,000 square feet of Common Area back into the plan and dropped one lot as a result. He
6 also added a stub -out on Cross Court to the property to the east. He said that there is a minimum lot
7 size of 20,000 square feet. He has also restricted the "C -1" lot to "0-1" uses. He said that the
8 bufferyard in the Common Area along Southlake Boulevard requires 20 canopy trees, and he added
9 10 more canopy trees in that area.
10
11 He agreed to deed restrict the minimum size of homes as follows: the five (5) lots adjacent to
12 Southlake Boulevard will be deed restricted to a minimum of 2,800 square feet; the lots adjacent to
13 Lake Wood Acres, Phase II will be deed restricted to a minimum of 3,200 square feet; and the
14 remainder of the lots will be deed restricted to a minimum of 3,000 square feet.
15
16 Commissioner Edmondson asked what size trees he intends to plant. Mr. McMahan stated that he
17 will commit to 4" caliper trees and possibly larger in the cedars. Commissioner Edmondson also
18 asked if he would commit to planting some berried bushes in the Common Area (Lot #7) between
19 Ownby Lane and Foxborough Lane in order to replace one food source for another, and Mr.
20 McMahan said that he would.
21
')2 Vice - Chairman Potter asked if there will be sidewalks on both sides of the streets, and Mr. McMahan
said that there will be.
24
25 Commissioner Edmondson commented on the fact that the average lot size dropped from 25,194
26 square feet on the original plan to 25,002 square feet on this plan. While she is pleased that Mr.
27 McMahan added some Common Area back into the plan, she did not intend for him to reduce the
28 size of the lots. Mr. McMahan stated that due to the realignment to Ownby Lane, there is more road
29 area which takes up more land.
30
31 Commissioner Potter asked if Mr. McMahan would commit to a 6' trail through the Common Area
32 (Lot #7) connecting Ownby Lane and Foxborough Lane, and he said he had intended to do that
33 anyway and would make that commitment.
34
35 Commissioner Potter asked Mr. McMahan if he would move the driveway to the "C -1" lot from
36 Foxborough Lane to Southlake Boulevard and provide a common access easement to the property
37 to the west. Commissioner Potter also stated he would like to see the driveway moved as much to
38 the east as possible in order to create more distance between the driveway and the proposed signal
39 at Diamond Boulevard. Mr. McMahan agreed to move the driveway to Southlake Boulevard.
40
41 Commissioner Schroetke also stated her concern regarding the safety of placing this driveway so
42 close to the proposed signal at Diamond Boulevard.
43
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 3 of 20
1 Since this is a Concept Plan, Chairman Wright suggested that the Commission ask for the driveway
2 to be placed toward the west property line as a common access easement and delay the determination
3 of the exact location until Site Plan. The Commission agreed to that suggestion.
4
5 Chairman Wright opened the public hearing.
6
7 Jim Settles, 410 Southview Trail, Southlake, Texas, said that he does not have a drainage problem
8 on his property which is adjacent to the east property line of Foxborough, but he is afraid that he will
9 once this development is in place. He has a drainage pipe which ends approximately 15' short of Mr.
10 McMahan's property and has asked Mr. McMahan to connect into that pipe and carry the water on
11 out. He stated that he has received two different answers from Crumbaker Development, Inc. and
12 would like a definite response as to what is going to be done. Mr. McMahan agreed to connect to
13 the pipe which stops approximately 15' short on Mr. Settles' property.
14
15 Carolyn Hayes, 807 E. Southlake Boulevard, Southlake, Texas, stated that the entrance on the old
16 plan was directly across from her driveway, and she is pleased with the change in location of that
17 driveway. She stated her concern with the quality of the Common Area adjacent to Southlake
18 Boulevard which is directly across from her property. She would like to know specifically what to
19 expect in that area.
20
21 Lisa Quinn, 1036 Diamond, Southlake, Texas, stated that her rear property line backs up to the west
72 side of this subdivision. She said there is a storm drain which runs along the back of her lot where
there is standing water much of the time. She is concerned that the problem might increase once this
24 development is in place. She is also worried about the increase in traffic along Southlake Boulevard
25 and the addition of more driveways. Mr. McMahan addressed Ms. Quinn's concern with the
26 drainage. He stated that he will connect a concrete channel to the storm drain and direct the water
27 to the Common Area detention pond.
28
29 Catherine Moberg, 503 San Juan Drive, Southlake, Texas, was concerned about the density of this
30 subdivision. She remembered it being discussed at the last Planning and Zoning Commission
31 Meeting and thought Mr. McMahan agreed to reduce the density. She was also extremely concerned
32 about the large number of trees which will have to be removed to place the road at the north end of
33 this property. She would like to be guaranteed that the developer will follow the Tree Ordinance.
34
35 Tamera McMillan, 1023 Mission Drive, Southlake, Texas, was concerned about the density of this
36 subdivision. She would like to see the lots adjacent to Diamond Circle Estates and Mission Hill
37 Estates increased in size in order to match the one (1) acre lots in those subdivisions. She feels that
38 traffic congestion on Southlake Boulevard is out of control and will only escalate as more
39 development occurs. She asked for the Planning and Zoning Commission to please not approve any
40 more development until the traffic situation is under control. She also stated her concern regarding
41 Mr. McMahan's credibility. She feels that with three (3) projects going at once, he will be spread
42 too thin.
43
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 4 of 20
t Carolyn Hayes also said that Southlake Boulevard is outdated and the development must stop until
something can be done. It is too congested and is an extremely dangerous road right now. She feels
3 that the Planning and Zoning Commission has the control to defer development until traffic can be
4 responsibly dealt with.
5
6 Chairman Wright closed the public hearing.
7
8 Vice - Chairman Potter asked Mr. McMahan if he would be willing to increase the bufferyard in
9 Common Area (Lot #2) along Southlake Boulevard to a Type "K" bufferyard, and Mr. McMahan
10 agreed to that. Vice - Chairman Potter also asked if Mr. McMahan would commit to plantings as
11 depicted on his handouts around the two (2) ponds on Foxborough Lane, and Mr. McMahan stated
12 that he is committing to plantings as depicted on his handouts as a minimum in all Common Areas.
13
14 Mr. McMahan asked the Commission for an exception to Concept Plan Review Summary Item #6,
15 which states that the deflection in the common lot line between Lots 27 & 28, Block 1, does not
16 appear to meet the intent of the perpendicular /radial side lot line requirements. He asked for
17 permission to leave the lot line as shown.
18
19 Commissioner Edmondson asked how many trees Mr. McMahan intends to remove to put in the
20 road, Malton Lane. Mr. McMahan estimated that approximately 15 -20 trees over 8" caliper will be
21 removed. If possible, he does intend to move the road a little to the south if he can save some trees
22 by doing so.
24 Mr. McMahan said that he is willing to meet with every builder personally and make them aware
25 of the Tree Ordinance and give them a copy of it. He also stated that in his Deed Restrictions, they
26 will be requiring every homeowner to plant three (3) or four (4) trees in their front yard.
27
28 Commissioner Edmondson said that there is a rumor circulating that Mr. McMahan intends to sell
29 to Ryland Homes, and she asked him if this was true. He said that rumor was completely and totally
30 untrue, and that he has not even spoken to Ryland Homes. He does not think that Ryland Homes
31 could afford the price of the lots, and that it would be cost - prohibitive for them to do that.
32
33 Motion was made to approve ZA96 -136, Rezoning and Concept Plan for Foxborough, subject to
34 Concept Plan Review Summary No. 3, dated November 27, 1996, amending Item #6 to allow the
35 common lot line on Block 1, Lots 27 & 28 as shown; deleting the driveway from the "C -1" lot to
36 Foxborough Lane and placing it on Southlake Boulevard and deferring exact location of common
37 access easement until the time of Site Plan; changing Cross Court to Cross Lane; requiring home
38 sizes as applicant proposed in his deed restrictions; requiring a bufferyard "K" in Common Area (Lot
39 #2) along Southlake Boulevard; planting materials in all common areas as shown in exhibits
40 presented at the meeting; providing 4" caliper trees, 6' wide sidewalks and berried plantings on
41 Common Area (Lot #7); and accepting the applicant's offer to deed restrict the "C -1" lot to "0-1"
42 uses only.
43
Motion: Potter
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 5 of 20
1 Second: Edmondson
Ayes: Schroetke, Wright, Potter, Edmondson, Creighton
3 Nays: None
4 Approved: 5 -0
5 Motion carried.
6
7 (Planning and Zoning Meeting, 12- 05 -96, tape 1, section #2690)
8
9 AGENDA ITEM #5, ZA95 -137, PRELIMINARY PLAT FOR FOXBOROUGH (FORMERLY
10 FOX GLEN):
11 Planner Chris Carpenter informed the Commission that the applicant's request is for the Preliminary
12 Plat on property described as being approximately 48.9 acres, being Tracts 3E and 3F in the W. W.
13 Hall Survey, Abstract No. 695. This plat proposes 63 residential lots, 2 non - residential lots, and 3
14 common areas. The applicant has amended their original request to 64 residential lots, 1 non -
15 residential lot , and 4 common areas. The property is located on the north side of East Southlake
16 Blvd. (F.M. 1709), approximately 1140' west of the intersection of East Southlake Blvd. and North
17 Carroll Ave. The current zoning is "AG" Agricultural District, "SF -20A" Single Family Residential,
18 "C -1" Neighborhood Commercial District, and "0-1" Office District. The Land Use Categories are
19 Medium Density Residential (may include limited low intensity office and/or retail uses) and Mixed
20 Use (may include office buildings, hotels, and commercial and retail centers that serve local and
21 regional needs). The Corridor Recommendation is Residential Areas (Any Single Family District).
22 The applicant is Crumbaker Development, Inc. The owners are Homei Liao and Jai Her Hwang,
Trustees (Tract 3E) and Beulah Cross c/o Ben Muir (Tract 3F). The property is in SPIN
24 Neighborhood #10. Fifty -five (55) written notices were sent to property owners within the 200'
25 notification area, and five (5) written responses were received which were all opposed. Four (4)
26 responses were received outside the 200' notification area of which one (1) was in favor and three
27 (3) were opposed. A petition of opposition from the property owners on Ownby Lane was also
28 received with twenty -seven (27) signatures.
29
30 John Levitt, J. E. Levitt Engineers, 726 Commerce, Suite 104, Southlake, Texas, presented this item
31 to the Commission. Mr. Levitt asked the Commission for an exception to Preliminary Plat Review
32 Summary Item #5, which states that the deflection in the common lot line between Lots 27 & 28,
33 Block 1, does not appear to meet the intent of the perpendicular /radial side lot line requirements.
34 He asked for permission to leave the lot line as shown as was approved in the previous case. He also
35 asked for an exception to Item #7 which requires 35' setback adjacent to all streets and stated he
36 would like permission to go over the plan lot -by -lot to specify which lots he is asking for exception.
37
38 Commissioner Edmondson had problems with the 20' setback because it is too close to the street.
39
40 After discussion of building setbacks, it was decided that the following exceptions would be made:
41 Block 1, Lot 8: 35' on Gateshead Court and 30' on Foxborough Lane; Block 1, Lot 13: 25' on
42 Foxborough Lane; Block 2, Lot 13: 35' on Foxborough Lane and 30' on Derby Court; Block 2, Lot
43 14: 30' on Foxborough Lane; Block 3, Lot 10: 30' on Ownby Lane; Block 3, Lot 15: 25' on Wickham
Lane; and Block 3, Lot 16: 25' on Wickham Lane.
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 6 of 20
1 Chairman Wright opened the public hearing.
2
3 Charlie Broadaway, Lakewood Acres Addition, stated that he and four (4) other neighbors own land
4 behind their houses to which they would like public access to from this subdivision. He stated that
5 they would like to develop this vacant property eventually and do not want to be land- locked. He
6 asked the Commission to require a stub -out from Wickham Lane to the property to the north.
7
8 Jerry Livsy, 650 Bentwood, Southlake, Texas, stated that he is one (1) of the neighbors Mr.
9 Broadaway mentioned. He hopes they can keep their options open by a stub -out being provided to
10 them.
11
12 Chairman Wright closed the public hearing.
13
14 Mr. McMahan stated that he has met with the homeowners to the north who want a stub -out. He is
15 agreeable to providing a stub -out if the property owners will pay for the lot which would have to be
16 removed and pay for the improvements (ie: road, water, sewer line) up to their property.
17
18 Jerry Livsy again stated that he agrees with Mr. McMahan that they probably should be required to
19 provide the cost of a lot, but he is not sure they would want improvements carried up to their
20 property line at this time. They simply want to keep their options open which is what the stub -out
21 would provide to them. He would like to discuss the cost of the lot with Mr. McMahan.
72
Chairman Wright stated that if the property owners and Mr. McMahan come to an agreement about
24 the stub -out, then Mr. McMahan can come back to the City with an amended plat at that time.
25
26 Motion was made to approve ZA96 -137, Preliminary Plat for Foxborough, subject to Preliminary
27 Plat Review Summary No. 3, dated November 27, 1996, deleting Item #5 regarding the radial lot
28 line requirement for Block 1, Lots 27 & 28, and revising Item #7 regarding 35' setbacks on corner
29 lots as follows: Block 1, Lot 8: 35' on Gateshead Court and 30' on Foxborough Lane; Block 1, Lot
30 13: 25' on Foxborough Lane; Block 2, Lot 13: 35' on Foxborough Lane and 30' on Derby Court;
31 Block 2, Lot 14: 30' on Foxborough Lane; Block 3, Lot 10: 30' on Ownby Lane; Block 3, Lot 15:
32 25' on Wickham Lane; and Block 3, Lot 16: 25' on Wickham Lane.
33
34 Motion: Potter
35 Second: Edmondson
36 Ayes: Schroetke, Wright, Potter, Edmondson, Creighton
37 Nays: None
38 Approved: 5 -0
39 Motion carried.
40
41 (Planning and Zoning Meeting, 12- 05 -96, tape 1, section #4224)
42
43 Chairman Wright called for a recess at 9:19 p.m.
Chairman Wright called the meeting back to order at 9:33 p.m.
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 7 of 20
1 Chairman Wright stated that the Commission would hear Item #9 before Item #6.
2
3 AGENDA ITEM #9, ZA96 -90, REZONING AND CONCEPT PLAN FOR SHADY OAKS
4 CENTRE (FORMERLY SOUTHLAKE PROFESSIONAL PLAZA):
5 Planner Chris Carpenter informed the Commission that the applicant's request is for the Rezoning
6 and Concept Plan on property being approximately 2.95 acres situated in the Hiram Granberry
7 Survey, Abstract No. 581, Tract 2C, as recorded in Volume 8374, Page 2186, Deed Records, Tarrant
8 County, Texas. The property is located at 521 W. Southlake Blvd., south of the intersection of
9 Shady Oaks Drive and West Southlake Blvd. (F.M. 1709). The current zoning is "AG" Agricultural
10 District. The requested zoning is "0-1" Office District. The Land Use Category is Medium Density
11 Residential (may include residential and limited low intensity office and /or retail uses). The
12 Corridor Recommendation is Residential (any Single Family district). The owner is Marvin C.
13 Kennedy. The applicant is Larry D. Flynn. The property is in SPIN Neighborhood #14. Twenty -one
14 (21) written notices were sent to property owners within the 200' notification area, and fourteen (14)
15 responses were received within the 200' notification area which were all opposed. There were six
16 (6) responses received outside the 200' notification area which were all opposed. In addition, two
17 (2) petitions of opposition were received in which there were 798 signatures.
18
19 Dan Deichert, Texas Land & Building Company, 8150 N. Central Expressway, Suite 440, Dallas,
20 Texas, presented this item to the Commission. He stated that their original request was for "0-1"
21 zoning and after meeting with surrounding property owners, they have amended their request to an
�2 "SP -2" with a list of stipulations from the Impacted Homeowners which Mike Conrad will review
with the Commission.
24
25 Chairman Wright opened the public hearing.
26
27 Mike Conrad, 108 Springbrook Court, Southlake, Texas, represented the adjacent homeowners and
28 the November 21, 1996, Impacted Homeowners letter. He stated that he greatly appreciated the
29 support of the City Staff and members of the Commission during this entire process.
30
31 Chairman Wright stated that the Commission needs to review the list of stipulations from the
32 Impacted Homeowners and that some of the items would have to be changed. The Commission
33 reviewed the recommendations in the November 21, 1996, Impacted Homeowners letter and agreed
34 to make the following revisions:
35
36 Item #1: Attach the current 0-1 uses and strikeout the uses being deleted.
37 Item #2: No changes.
38 Item #3: No changes.
39 Item #4: Roof construction must match or be greater than the pitch of Dr. Huckabee's office
40 building and must be of composition shingles.
41 Item #5: The solid screening must match the solid portion of Timber Lake's existing wall.
42 Item #6: No change.
43 Item #7: Parking to meet the currently adopted zoning ordinance requirements and in no event
be more than 90 spaces.
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 8 of 20
1 Item #8: No change.
Item #9: Strike subsection 3 in its entirety.
3 Item #10: Strike "second story view; add "satellite dishes shall be ground- mounted and shall be
4 screened to a height equal to or greater than the dish."
5 Item #11: In the third sentence, strike everything in the sentence after "100 feet." The minimum
6 caliper of trees shall be 3" with placement to be determined at site plan.
7 Item #12: No change.
8 Item #13: In the second sentence, strike everything after "minimized lighting."
9 Item #14: Strike in its entirety.
10
11 Chairman Wright closed the public hearing.
12
13 Vice - Chairman Potter asked if the Commission could reserve the ability to change the driveway
14 entrance and building placement to site plan, and Chairman Wright stated that they could do that.
15
16 Motion was made to approve ZA96 -90, Rezoning and Concept Plan for Shady Oaks Centre, subject
17 to Concept Plan Review Summary No. 2, dated November 1, 1996, reserving the ability to change
18 the driveway entrance and building placement to site plan and incorporating the November 21, 1996,
19 Impacted Homeowners letter with the following revisions:
20
21 Item #1: Attach the current 0-1 uses and strikeout the uses being deleted.
Item #2: No changes.
Item #3: No changes.
24 Item #4: Roof construction must match or be greater than the pitch of Dr. Huckabee's office
25 building and must be of composition shingles.
26 Item #5: The solid screening must match the solid portion of Timber Lake's existing wall.
27 Item #6: No change.
28 Item #7: Parking to meet the currently adopted zoning ordinance requirements and in no event
29 be more than 90 spaces.
30 Item #8: No change.
31 Item #9: Strike subsection 3 in its entirety.
32 Item #10: Strike "second story view; add "satellite dishes shall be ground- mounted and shall be
33 screened to a height equal to or greater than the dish."
34 Item #11: In the third sentence, strike everything in the sentence after "100 feet." The minimum
35 caliper of trees shall be 3" with placement to be determined at site plan.
36 Item #12: No change.
37 Item #13: In the second sentence, strike everything after "minimized lighting."
38 Item #14: Strike in its entirety.
39
40 Motion: Potter
41 Second: Schroetke
42 Ayes: Schroetke, Wright, Potter, Edmondson, Creighton
43 Nays: None
Approved: 5 -0
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 9 of 20
1 Motion carried.
3 (Planning and Zoning Meeting, 12- 05 -96, tape 1, section #5318)
4
5 AGENDA ITEM #6. ZA96 -145, REZONING AND CONCEPT PLAN FOR SOUTHLAKE TOWN
6 CENTER:
7 Planner Chris Carpenter informed the Commission that the applicant's request is for the Rezoning
8 and Concept Plan on property described as being approximately 109.330 acres situated in the
9 Richard Eads Survey, Abstract No. 481, being Tracts 2A and 3A and a portion of Tract 3. The
10 property is bordered by the following thoroughfares: State Highway 114 on the north; Southlake
11 Boulevard (F.M. 1709) on the south; and North Carroll Avenue on the west. The current zoning is
12 "C -3" General Commercial District. The requested zoning is "NR -PUD" Non - Residential Planned
13 Unit Development to include "C -3" General Commercial District uses. The Land Use Category is
14 Mixed Use (may include office buildings, hotels, and commercial and retail centers that serve local
15 and regional needs). The Corridor Recommendation is Village Center. The owners of the property
16 are the FECHTEL GROUP (partnership) with general partners: Alicia Marie Fechtel, Charles
17 Fechtel, Mary Louise Logan, John Randolph Fechtel, Marguerite Elizabeth Fechtel, and James
18 Milton Fechtel (Tract 3); and Lorrie W. Beck, Leslie W. Klingman, and Carol Jean Peterka (Tracts
19 2A & 3A). The applicant is Rialto Development, L.P. The property is in SPIN Neighborhood #4.
20 Twenty -four (24) written notices were sent to property owners within the 200' notification area, and
21 four (4) responses were received in which three (3) were in favor and one (1) was opposed.
Brian Stebbins, 904 Independence Parkway, Southlake, Texas, presented this item to the
24 Commission. He stated that all of the Planning and Zoning Commissioners should have received
25 his written response to the Staff's Review Summary. He then turned over the presentation to
26 Frank Bliss to summarize their revisions to date.
27
28 Frank Bliss, 2094 Cortez Avenue, Laguna Beach, California, stated that they have received Concept
29 Plan Review Summary No. 1, dated November 1, 1996, and out of the nine (9) comments, he
30 believes that eight (8) have been resolved. He stated that there was an additional comment made
31 regarding the proposed bandshell park which shows on the Concept Plan as a "C -3" block. They
32 have submitted language tonight which dedicates it as open space and provides a mechanism for that
33 bandshell park to be moved and all or a portion of that open space to be relocated at some point in
34 the future.
35
36 He also stated that City Staff had an additional twenty -two (22) observations and of those, he
37 believes that twenty (20) have been satisfactorily resolved to date. There was an additional comment
38 raised at the work session which regarded penthouses on top of the buildings, and they have revised
39 the P.U.D. ordinance to provide that if the penthouses rise above the permitted building height, then
40 the penthouse shall be set back. They are not required to be set back if they do not rise above the
41 permitted building height but will be required to be approved at the Site Plan stage if they are not
42 set back.
43
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 10 of 20
1 He stated that they have requested a variance regarding the three (3) story height limitation on the
block just north of the proposed town square where the proposed City Hall will be. They have
3 limited the variance to four (4) stories to that block only if the proposed City Hall is there, and if it
4 is not at that location, then the block will be limited to three (3) stories.
5
6 They have also revised the ordinance so that there is a 52' height limitation to parking structures.
7
8 They had originally requested a variance in the building setbacks along Carroll Avenue and
9 Southlake Boulevard from 50' to 20' and in their revision, have added that those buildings closer than
10 50' will be subject to review and approval as to facade design at the time that they are placed there.
11 In other words, they do have to maintain the 50' setback unless it is approved by the City at the time.
12
13 They have also agreed to limit their buildings to be constructed within the building envelopes
14 provided and have added language to indicate that.
15
16 Also, he stated that screening and landscaping requirements will be deferred until the development
17 plan has been submitted so it can be reviewed in the context of the overall development at that time.
18
19 Mr. Bliss also stated that they have agreed that the project will be subject to the Corridor Overlay
20 Ordinance's articulation requirements and if they need to seek variances, they will seek them at the
21 Site Plan stage. He stated that they now agree to be subject to current Tree Preservation Ordinance
which has changed from their original request.
24 Mr. Bliss also agreed to limit kiosks to locations approved at Site Plan approval and will be subject
25 to a Specific Use Permit as to permitted uses in the kiosks. He listed the uses to be excluded from
26 the permitted uses in the "C -3" zoning district as being: filling stations or service stations and frozen
27 food lockers (a small meat market not exceeding 3,000 square feet would be okay and would not be
28 excluded). He asked for the following uses to be permitted by Specific Use Permit only: electrical
29 and gas repair and installation services, etc.; lodges, sororities and /or fraternities; medical care
30 facilities requiring or allowing an overnight stay, etc.; mortuaries, funeral homes and undertakers;
31 plumbing and heating appliance repair and installation services, etc.
32
33 Mr. Bliss stated that they have provided language which provides additional provisions to cover
34 screening of the parking garages. Vertical articulation will be applied to those garages in the
35 context of what is required in the Corridor Overlay Ordinance with the width being 15% and limited
36 to the portion of the garages that are visible from Southlake Boulevard or Carroll Avenue or are
37 visible from residential property within 400'. Mr. Bliss stated that the parking garages may be
38 visible temporarily until the buildings are constructed, so they have requested a three (3) year period
39 before that building is required to be constructed before they have to vertically articulate. If within
40 that three (3) year period the building has not gone up, they will either comply with the vertical
41 articulation requirements or will screen the garage as appropriate.
42
43 They have also added a provision that if and when the parking garages are built, they will replace
or relocate the plantings which were lost either around the garages or elsewhere on the site.
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 11 of 20
1 Chairman Wright stated that he thought it was previously agreed that the maximum height on the
parking garages was to be 50', and that it states 52' in Section 9 of Appendix X. Mr. Stebbins said
3 that would be fine and that he would change it to read 50'.
4
5 Commissioner Edmondson stated her extreme concern about allowing 50' parking garages at all. She
6 stated that in the latest revisions given to the Commissioners, Rialto is asking for a three (3) year
7 grace period from being required to screen these garages. Mr. Bliss stated that the reason they asked
8 for the grace period was to allow the downtown to evolve and not be required to be built all at one
9 time which would be extremely difficult to do.
10
11 Commissioner Creighton stated that she understood that the parking garages would not be built at
12 all until all of the adjacent buildings were up, therefore demanding the additional spaces. She asked
13 Mr. Stebbins at what level of occupancy do the buildings have to be in order to begin building a
14 parking garage. Mr. Stebbins responded by saying that it would be directly related to how many
15 stories the surrounding buildings are and the particular uses of those buildings. Different uses have
16 different parking ratios. Commissioner Edmondson said that she does not think the citizens of
17 Southlake want a 50' or a 52' parking garage at all, and she would rather limit the height to 40' and
18 require Mr. Stebbins to return to Planning and Zoning Commission with each request for a variance
19 up to 50' and allow the Commission to take a look at each case individually.
20
21 Commissioner Creighton asked why they cannot go underground with the parking. Commissioner
Schroetke stated that it would be cost prohibitive for them to do that, and Mr. Stebbins agreed.
24 Chairman Wright asked Mr. Stebbins if he could live with a 40' height limitation on the parking
25 garages as a permitted use and a 50' height limitation as a specific use. After much discussion, Mr.
26 Stebbins said that in discussions with his architect, David Schwarz, that he (Mr. Schwarz) had
27 indicated that the minimum height he would feel comfortable with is 45'.
28
29 Chairman Wright suggested that they go with 42' from ground elevation as a permitted use with 3'
30 underground for an overall height of 45', with the ability to return to the City with a Specific Use
31 Permit up to 50' maximum height.
32
33 Commissioner Creighton stated that she does not like this whole concept of parking garages. She
34 would like to know how Mr. Stebbins is going to calculate the point in time when the parking
35 garages will be built. She would also like to know how many parking spaces are in a three (3) story
36 garage in comparison to a four (4) story garage.
37
38 Vice - Chairman Potter stated his concern about seeing the garages from Carroll Avenue and
39 Southlake Boulevard. Commissioner Schroetke stated that she does not understand what the
40 difference is between seeing an articulated building as opposed to an articulated parking garage.
41
42 Commissioner Edmondson said that she also feels that the parking garages should be screened
43 immediately, not after three (3) years.
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 12 of 20
At 11:00 p.m., Chairman Wright announced that due to Case Limitation Resolution #95 -24, the only
2 two (2) cases that can be heard after this one are Items #16 and #17 and the applicant has already
3 requested that Item #17 be tabled until the December 19, 1996, Regular Planning and Zoning
4 Commission Meeting.
5
6 Commissioner Edmondson asked why they are asking to be exempt from Section 34.2 of the Zoning
7 Ordinance and Section 10.0b of the Appendix X regarding above grade structured parking. Mr. Bliss
8 stated that since the code did not directly address parking garages, and referred to parking as an
9 accessory use, this would limit it to 14' and this would not work for them. They asked to be exempt
10 from Section 34.2 because of the height limitation.
11
12 Commissioner Creighton asked why they want to be exempt from their own Section 10.0b of
13 Appendix X. Mr. Bliss stated that there is one case on this site where two (2) parking decks would
14 encroach directly upon the street, and they wanted to preserve the ability to do that which is why
15 they asked for the exemption. Commissioner Creighton said that by asking for it as a blanket
16 exemption in the statute, they are preserving their right to do it again on Southlake Boulevard, and
17 it would make more sense to ask for it as a variance. Mr. Stebbins and Mr. Bliss agreed to remove
18 Section 10.0b altogether.
19
20 Commissioner Edmondson stated that she does not think they should ask for variances to setbacks
21 along Southlake Boulevard, Carroll Avenue, and State Highway 114. She thinks the minimum
should be 30'. Mr. Stebbins stated that every time they come within 50', the Commission has the
ability to approve or disapprove that building on how good or how had that building looks. Mr.
24 Bliss agreed to clarify the language in Appendix X to better reflect the statement from Mr. Stebbins.
25 Commissioner Edmondson thinks the citizens of Southlake like openness along the corridors and
26 would not like this plan as presented. Mr. Stebbins responded by saying that Mr. Schwarz feels the
27 buildings should be as close as possible to get the feeling of a downtown. He thinks they should
28 immediately know where the downtown begins and where it ends. Commissioner Creighton stated
29 that with 50' buildings and 50' parking garages, she does not think anyone will have trouble
30 differentiating the downtown.
31
32 Commissioner Schroetke stated that she went to all of the Corridor Overlay work sessions, and she
33 feels that this is exactly what the people of Southlake want and expect in a downtown.
34
35 Chairman Wright asked Staff exactly what is called for in the Corridor Overlay Ordinance. Planner
36 Dennis Killough stated that it calls for a 50' setback along Southlake Boulevard, Carroll Avenue, and
37 State Highway 114. Chairman Wright asked what is contained in the 50' setback. Zoning
38 Administrator Karen Gandy stated that bufferyards and parking are included in the setback, but no
39 buildings can be included. Mr. Bliss reminded the Commission that there is a 20' bufferyard in that
40 50' setback, and they could actually have 30' of parking in front of the buildings. They think that
41 people would rather see buildings instead of parking along these corridors.
42
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 13 of 20
1 Chairman Wright stated that he likes the idea of being able to maintain a minimum 50' setback,
unless a lessor setback is approved at the time of site plan approval, and Mr. Stebbins said that he
3 agrees with him.
4
5 Chairman Wright stated that he understood that interior landscaping shall be determined by the City
6 at the time of Site Plan approval, and that he finds the language in the Appendix unclear on this
7 subject. Mr. Bliss agreed with Chairman Wright's statement and said that he would clarify the
8 language in Section 12.2 to reflect that.
9
10 Chairman Wright said that he understood that the bandshell park was already committed as open
11 space. After discussion, it was agreed by Mr. Stebbins to delete Section 15 entirely and to label the
12 bandshell area as "common open space" instead of "C -3 ".
13
14 Vice - Chairman Potter asked how the maximum lot coverage of 60% was calculated. Mr. Bliss stated
15 that they calculated that individual lot coverage can be 100 %. They treated all the exterior streets
16 as boundaries and calculated the entire P.U.D. as one big lot. Vice - Chairman Potter stated his
17 concern regarding this calculation and does not feel that the City is getting it's equitable amount of
18 open space.
19
20 Chairman Potter asked how they came up with the requirement of 35% of parking spaces for
21 compact cars. Mr. Bliss stated that there is a national standard for determination of ratio of compact
spaces to total spaces. He stated that standard has been adopted by the State of Texas and has been
applied within northeast Tarrant County very recently.
24
25 Commissioner Edmondson suggested that they reduce the compact spaces to 20 %. She feels that
26 35% will causes significant problems due to the number of large vehicles in the Southlake area. Mr.
27 Stebbins said that if they reduce the number of compact spaces to 20 %, more car parking area will
28 be required which in turn will cause the decks to go higher.
29
30 Chairman Wright stated that since it is off street parking, it will be Mr. Stebbins' problem if he
31 cannot properly park his tenants and customers. If it proves to be a problem, Mr. Stebbins will have
32 to go back and correct it at that time.
33
34 Commissioner Edmondson said that she understood some of the space might be used for a corporate
35 campus setting, and she feels that some of the loss of open space could be recovered in those areas.
36 Mr. Stebbins said that he would, by far, prefer an office space compared to a "big box ". He said it
37 would depend on how you define open space, because in reality a "big box" would have a large
38 parking lot which would essentially be called open space. Commissioner Edmondson stated that she
39 would define open space as something other than parking lots, possibly areas with greenery.
40
41 Commissioner Edmondson asked if Mr. Stebbins would be willing to restrict the uses in the area on
42 the eastern portion of the site and reduce the number of trees which need to be removed. Chairman
43 Wright stated that he has the ability to build office or retail with the 60% coverage and that it would
be hard for him to commit to any one use at this time. Mr. Bliss estimated there to be roughly 1,300
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 14 of 20
1 trees over 8" caliper on this site, and approximately 120 of those will be saved within open spaces
L and bufferyards. He estimated approximately 109 special or specimen 20" caliper trees on the site,
3 and they will try to save approximately 20% of those trees. He estimated that there will be
4 approximately 1,200 trees that they will add to this site when it is completely built out.
5
6 Commissioner Creighton asked if the same architectural guidelines will be applied to the "big boxes"
7 along State Highway 114 as is applied to the remainder of the site. Mr. Stebbins stated that he
8 guarantees they will look better than any other "big box" in Southlake currently, but that the size of
9 the buildings are very limiting in terms of what they can do with them. She also asked about the
10 look of the buildings on the restaurant site on State Highway 114. Mr. Stebbins stated that a number
11 of the restaurants that he would like to have serve the area actually obtain much of their identity by
12 their "distinguishable" building style and that he cannot require them to look alike.
13
14 Commissioner Edmondson asked Mr. Stebbins that in his discussions with the city, if he will be
15 retaining ownership of the six (6) acre park. He stated that it is not his intention, but that those
16 discussions have not been held. Commissioner Edmondson stated that she does not ever want to see
17 the bandshell park moved to the six (6) acre park at any point in the future.
18
19 Commissioner Edmondson asked what type of security Mr. Stebbins intends to have on this site.
20 She asked if it will be a private security firm or City of Southlake Police. Mr. Bliss stated that as
21 a developer, if he doesn't secure his property, he will fail. He will do whatever is necessary to have
')2 proper security on the site. Mr. Stebbins responded by saying that they do plan on having private
security. She asked how large a force they intend to have, and Mr. Stebbins stated that there is no
24 way he could know that at this point. He needs to know who his users are to make that
25 determination.
26
27 Vice - Chairman Potter asked Staff if the City has a Special Events Permit. Zoning Administrator
28 Karen Gandy stated that the City does not have one currently, but Rialto is proposing one in this
29 specific P.U.D. Ordinance. Chairman Wright stated that the applicant needs to meet with City Staff
30 to resolve the issue of a definition of a Special Events Permit and present something to Planning and
31 Zoning Commission and to City Council. Mr. Bliss asked if they can provide the definition at the
32 Concept Plan stage that the process of approving a Special Events Permit will be agreed at the Site
33 Plan stage.
34
35 Commissioner Creighton stated that Southlake has a completely different feel to it as people drive
36 into it. She does not understand why the City of Southlake has to give up so much in order to get
37 a downtown. She questioned what the City of Southlake is actually getting in return from this
38 development.
39
40 Chairman Wright called for a recess at 1:00 a.m.
41 Chairman Wright called the meeting back to order at 1:11 a.m.
42
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 15 of 20
1 Although the Public Hearing was closed on this item at the last Planning and Zoning Commission
Meeting, it was listed on the Agenda as a Public Hearing, so Chairman Wright allowed Juergen
3 Strunck to speak.
4
5 Juergen Strunck, 200 N. Carroll Avenue, Southlake, Texas, stated his concern regarding the possible
6 loss of access to his driveway. He has direct access to Carroll Avenue right now and is scared that
7 he will lose access once Carroll Avenue is realigned. He also asked that the street which stops
8 directly in front of his driveway be realigned to avoid his driveway.
9
10 Chairman Wright stated that Mr. Strunck will not lose access to his driveway once Carroll Avenue
11 is realigned because the City will give him access to Carroll Avenue. Chairman Wright asked Mr.
12 Stebbins if they could possibly move the street Mr. Strunck is referring to. Mr. Bliss responded by
13 saying that once Carroll Avenue is realigned, Mr. Strunck's new driveway might possibly be moved
14 to the north or south a little in order to avoid the connecting street. Mr. Bliss also stated that the
15 street in question could be restricted to right -out only traffic which would also assist Mr. Strunck.
16 Chairman Wright asked Mr. Stebbins if the strip of land in front of Mr. Strunck's driveway is owned
17 by Rialto. Mr. Stebbins said that if in fact the land is theirs, he will give Mr. Strunck a new
18 driveway at an angle so that the two (2) roads do not meet.
19
20 Motion was made approve ZA96 -145, Rezoning and Concept Plan of Southlake Town Center,
21 subject to Concept Plan Review Summary No. 1, dated November 1, 1996, labeling the bandshell
1 2 area as "common open space "; providing a twenty -five foot (25') bufferyard on the east property
line; allowing the flexibility to adjust the location of the East -West interior road and thus ensuring
24 ingress- egress to Mr. Strunck's property; mitigating any tree issues at the time of site plan approval;
25 adding to the appropriate section in Appendix `X' that no buildings will be placed on any common
26 open space with the exception of the bandshell designated on the concept plan and making the
27 following changes to the Appendix `X' dated November 21, 1996, and the supplemental Appendix
28 `X' received by the City on November 25, 1996:
29
30 Section 1: Permitted Uses:
31 Delete the following uses: filling stations or service stations and frozen food lockers (a small meat
32 market (not exceeding 3,000 s.f. would be OK).
33
34 Permit the following uses by Specific Use Permit only: Electrical and gas repair and installation
35 services, etc.; lodges, sororities and /or fraternities; medical care facilities requiring or allowing an
36 overnight stay, etc.; mortuaries, funeral homes and undertakers; plumbing and heating appliance
37 repair and installation services, etc.
38
39 Section 2: Accessory Uses:
40 No changes.
41
42 Section 3: Development Regulations:
43 a. Building Height
1. Add the beginning phrase: "In the event that ...is constructed, it may ..."
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 16 of 20
1 2. Change the height of parking structures to: "shall not exceed forty -two (42) feet from
ground elevation nor forty -five (45) feet in total height unless approved by Specific Use
3 Permit ( "SUP ") for a height not exceeding fifty (50) feet.
4
5 b. Front, Side and Rear Yards
6 1. Change to the following: "Building along Highway 1709 and the east right -of -way of
7 Carroll Avenue shall maintain a minimum fifty (50) foot setback, unless a lessor setback
8 is approved at the time of site plan approval; provided, however, in no event shall the
9 setback be less than twenty (20) feet and in the event the Carroll Avenue right -of -way
10 ,9
11 c. Maximum Lot Coverage: change sixty percent (60 %) to fifty -five percent (55 %).
12
13 Section 4: Projections into Required Setback or into a Right -of -Way:
14 No changes.
15
16 Section 5: Off - Street Parking:
17 a. Change number of compact spaces from thirty -five percent (35 %) of the total spaces to twenty -
18 five percent (25 %) of the total spaces.
19
20 Section 6: Off - Street Loading:
21 No changes.
2 2
Section 7: Street Radiuses, Cross Sections, and Sight Triangles:
24 No changes.
25
26 Section 8: Screening:
27 No changes.
28
29 Section 9: Above Grade Structures Parking:
30 a. Delete reference to "Section 10.0b of this Appendix X" from the first sentence of this section and
31 change the height limitation to the following: forty -two (42) feet from ground elevation, forty -
32 five (45) feet in total height, unless approved by Specific Use Permit for a height not exceeding
33 fifty (50) feet. In the last sentence of the second paragraph, add the following: "as approved by
34 the City."
35
36 Section 10: Accessory Structures:
37 a.1., 2., 3. flagpoles, park pavilions or bandshells, above grade structures parking facilities: shall
38 not exceed forty -two (42) feet from ground elevation nor forty -five (45) feet in total
39 height unless approved by Specific Use Permit for a height not exceeding fifty (50) feet.
40
41 Section 11: Minimum Width of Enclosed or Partially Enclosed Open Space:
42 No changes.
43
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 17 of 20
•
1 Section 12.0: Landscape and Bufferyards:
In the last sentence, change the following: "... and shall may vary and supersede..."
3
4 Section 12.1: Landscape Zones Adjacent to Street Right -of -Way:
5 In the third sentence, change the following: "...shall may apply in lieu of the Bufferyard..."
6
7 Section 12.2: Interior Landscape Areas:
8 Delete the existing language in its entirety and substitute the following: "A; interior landscaping
9 shall be determined by the Planning and Zoning Commission at the time of site plan approval."
10
11 Section 12.3: [Intentionally Omitted]
12 No additions.
13
14 Section 12.4: Screening:
15 No changes.
16
17 Section 12.5: [Intentionally Omitted]
18 No additions.
19
20 Section 12.6: Irrigation:
21 No changes.
?2
Section 13: [Intentionally Omitted]
24 No additions.
25
26 Section 14: Outdoor displays and Sales:
27 a. Special Events Permits: Change the approval from the Director of Community Development to
28 "the City ".
29
30 b. Add this subsection to read as follows: "The process and procedures for Special Events Permits
31 shall be defined at the time of the initial site plan approval."
32
33 Section 15: Bandshell Park Open Space:
34 This section was deleted in its entirety.
35
36 Commission Creighton stated that she would very much like to see Southlake get a downtown. She
37 had hoped that a better proposal could have been presented which better addressed the issues of the
38 properties along State Highway 114, the 1,200 trees, the green space, and the parking garage issues.
39 Commissioner Creighton stated that she cannot support this proposal due to the reasons listed
40 above..
41
42 Motion: Potter
43 Second: Schroetke
Ayes: Schroetke, Wright, Potter
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 18 of 20
1 Nays: Creighton, Edmondson
2 Approved: 3 -2
3 Motion carried.
4
5 (Planning and Zoning Meeting, 12- 05 -96, tape 3, section #573)
6
7 Chairman Wright stated that he is not 100% happy with the previous proposal, but he feels they have
8 retained enough ability to make it a successful development.
9
10 AGENDA ITEM #16, ZA96 -153, FINAL PLAT OF SOUTHLAKE WOODS, PHASE 1A:
11 Planner Chris Carpenter informed the Commission that the applicant's request is for the Final Plat
12 on property being approximately 11.7370 acres situated in the Thomas J. Thompson Survey, Abstract
13 No. 1502, and being Tract 2A3 and a portion of Tract 2A2. This Final Plat proposes 13 residential lots
14 and 3 common areas. The property is located on the north side of West Continental Blvd. and
15 approximately 900' west of the intersection of South Peytonville Ave. and West Continental Blvd.
16 The current zoning is "SF -20A" Single Family Residential District. The applicant is Post, Buckley,
17 Schuh & Jernigan, Inc. The owner is Robert G. Goode. The property is in SPIN Neighborhood #15.
18 No written property owner notifications are required to be sent on Final Plats.
19
20 Clyde Sifford of Post, Buckley, Schuh, & Jernigan, Inc., 5999 Summerside Drive, Suite 202, Dallas,
21 Texas, presented this item to the Commission. The only Staff Comment he had one question on Item
1 2 #8A which states to provide easements for water, sewer, and drainage in accordance with plans as
approved by the City Public Works Department. Mr. Sifford asked that the easement between Lots
24 5 & 6, Block 1, to be centered along the common lot line between the two (2) lots.
25
26 Motion was made to approve ZA96 -153, Final Plat of Southlake Woods, Phase 1A, subject to Plat
27 Review Summary No. 1, dated November 27, 1996, deleting Item #8A requirement between Lots
28 5 & 6, Block 1 and allowing the easement to be centered along the common lot line.
29
30 Motion: Potter
31 Second: Schroetke
32 Ayes: Schroetke, Wright, Potter, Edmondson, Creighton
33 Nays: None
34 Approved: 5 -0
35 Motion carried.
36
37 (Planning and Zoning Meeting, 12- 05 -96, tape 3, section #869)
38
39 AGENDA ITEM #10, ZA96 -148, SITE PLAN FOR LIBERTY BANK;
40 AGENDA ITEM #11, ZA96 -150, REZONING AND SITE PLAN FOR THE CHILDREN'S
41 COURTYARD;
42 AGENDA ITEM #12, ORDINANCE NO. 480-W, REVISIONS TO THE ZONING ORDINANCE
43 NO. 480;
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 19 of 20
1 AGENDA ITEM #13, ORDINANCE NO. 480 -X, REVISIONS TO SECTION 30, "PUD"
2 PLANNED UNIT DEVELOPMENT, OF THE CITY'S ZONING ORDINANCE NO. 480
3 AGENDA ITEM #14. ZA96 -151, SITE PLAN OF THE VILLAGE AT TIMARRON.
4 AGENDA ITEM #15, ZA96 -152, REZONING AND CONCEPT PLAN FOR SOUTHLAKE
5 CHURCH OF CHRIST AND
6 AGENDA ITEM #17. ZA96 -154, PRELIMINARY PLAT FOR CALLICOTT /RHODES FARM:
7 Motion was made to table ZA96 -148, ZA96 -150, Ordinance No. 480 -W, Ordinance No. 480 -X,
8 ZA96 -151, ZA96 -152, and ZA96 -154, and to continue the Public Hearing to the December 19, 1996,
9 Regular Planning and Zoning Commission Meeting due to the Case Limitation Resolution No. 95-
10 24.
11
12 Motion: Potter
13 Second: Schroetke
14 Ayes: Schroetke, Wright, Potter, Edmondson, Creighton
15 Nays: None
16 Approved: 5 -0
17 Motion carried.
18
19 (Planning and Zoning Meeting, 12- 05 -96, tape 3, section #899)
20
21 AGENDA ITEM #18, MEETING ADJOURNMENT:
"2 Motion was made to approve the adjournment of the meeting at 2:15 a.m. on December 6, 1996.
24 Motion: Potter
25 Second: Schroetke
26 Ayes: Schroetke, Wright, Potter, Edmondson, Creighton
27 Nays: None
28 Approved: 5 -0
29 Motion carried.
30
31 (Planning and Zoning Meeting, 12- 05 -96, tape 3, s • n #913)
32
33
36 Joe Wrig t
37 Chairman
38
39 ATTEST:
40
43 Lori A. Farwell
44 Community Development Secretary
Planning and Zoning Commission Meeting Minutes on December 5, 1996 Page 20 of 20