1998-11-05 P&Z Meeting
City of Southlake, Texas
REGULAR PLANNING & ZONING COMMISSION MEETING NOVEMBER 5, 1998
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.
EXECUTIVE SESSION: If a need arises to seek the advice from the City Attorney as to the
posted subject matter of this Planning and Zoning Commission meeting, the issues or matters
will be discussed in executive session.
1. Pursuant to Section 551.071, Texas Government Code, the Commission may meet in
executive session to consult with the City Attorney regarding matters authorized by Section
551.071, including matters posted on this agenda.
2. Reconvene: Action necessary on items discussed in executive session.
REGULAR SESSION: 7:00 P.M.
1. Call to Order.
2. Approval of the minutes for the Planning and Zoning Commission meeting of October 22,
1998.
3. Administrative Comments.
REGULAR AGENDA:
4. Consider: Ordinance No. 480-DD, Revisions and additions to Section 30, "PUD," Planned
Unit Development District of the City's Comprehensive Zoning Ordinance No.
480, as amended, with respect to minimum acreage and open space requirements.
Public Hearing.
THIS ITEM HAS BEEN REQUESTED TO BE TABLED AND TO
CONTINUE THE PUBLIC HEARING TO THE DECEMBER 3, 1998,
PLANNING AND ZONING COMMISSION MEETING.
5. Consider: SIGN ORDINANCE NO. 704, proposing changes in Article IV, General Sign
Provisions, and Article V, Specific Sign Regulations.
Public Hearing.
6. Consider: ZA 98-112, PLAT REVISION FOR PROPOSED LOTS 4R1 THROUGH 4R4,
GREEN MEADOW SUBDIVISION, being a revision of Tract 4, Green Meadow
Subdivision, an addition to the City of Southlake, Tarrant County, Texas, and a
portion of South Kimball Avenue right-of-way according to the plat recorded in
Volume 388-96, Page 45, Plat Records, Tarrant County, Texas, and being
City of Southlake, Texas
PLANNING AND ZONING COMMISSION AGENDA
NOVEMBER 5, 1998
PAGE 2
approximately 12.88 acres. Location: On the northeast corner of the intersection of
Crooked Lane and East Continental Boulevard. Current Zoning: "I-1" Light
Industrial District. Owner and Applicant: Hunter 42 L.L.C. SPIN Neighborhood #7.
Public Hearing.
7. Consider: ZA 98-113, REZONING, on property legally described as being Tracts 1B and 1B1
situated in the James Thornhill Survey, Abstract No. 1505, and being approximately
5.0 acres. Location: On the north side of West Continental Boulevard
approximately 250' east of Southlake Hills Drive. Current Zoning: "AG"
Agricultural District. Requested Zoning: "SF-lA" Single Family Residential
District. Applicant: Kaeini Family First Limited Partnership. Owners: Kaeini
Family First Limited Partnership and Raman Chandler. SPIN Neighborhood #16.
Public Hearing.
8. Consider: ZA 98-115, PLAT SHOWING FOR PROPOSED LOTS 3 THROUGH 6, J.
THORNHILL NO. 1505 ADDITION, on property legally described as Tracts 113
and 1131 situated in the James Thornhill Survey, Abstract No. 1505, and being
approximately 5.00 acres. Location: On the north side of West Southlake Boulevard
approximately 250' east of Southlake Hills Drive. Current Zoning: "AG"
Agricultural District. Applicant: Kaeini Family First Limited Partnership. Owners:
Kaeini Family First Limited Partnership and Raman Chandler. SPIN Neighborhood
#16.
Public Hearing.
9. Consider: ZA 98-116, REZONING, on property legally described as being Lot 3, Block 1,
Steward Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Volume 388-159, Page 40, Plat Records, Tarrant
County, Texas, and being approximately 4.2739 acres. Location: Approximately 50'
east of Ridgecrest Drive and approximately 220' south of East Dove Street. Current
Zoning: "AG" Agricultural District. Requested Zoning: "SF-IA" Single Family
Residential District. Applicant: Milo Choate. Owners: F.L. Bailey, Russell H.
Oxner, and Gaylen Bailey. SPIN Neighborhood #5.
Public Hearing.
THIS ITEM HAS BEEN REQUESTED TO BE TABLED AND TO
CONTINUE THE PUBLIC HEARING TO THE NOVEMBER 19, 1998,
PLANNING AND ZONING COMMISSION MEETING.
10. Consider: ZA 98-117, PLAT REVISION FOR THE PROPOSED LOTS 3R1, 3R2, AND
3R3, BLOCK 1, STEWARD ADDITION, being a revision of Lot 3, Block 1,
Steward Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Volume 388-159, Page 40, Plat Records, Tarrant
County, Texas, and being approximately 4.2739 acres. Location: Approximately 50'
east of Ridgecrest Drive and approximately 220' south of East Dove Street. Current
City of Southlake, Texas
PLANNING AND ZONING COMMISSION AGENDA
NOVEMBER 5, 1998
PAGE 3
Zoning: "AG" Agricultural District. Applicant: Milo Choate. Owners: F.L. Bailey,
Russell H. Oxner, and Gaylen Bailey. SPIN Neighborhood #5.
Public Hearing.
THIS ITEM HAS BEEN REQUESTED TO BE TABLED AND TO
CONTINUE THE PUBLIC HEARING TO THE NOVEMBER 19, 1998,
PLANNING AND ZONING COMMISSION MEETING.
11. Consider: ZA 98-118, REZONING AND DEVELOPMENT PLAN FOR CHESAPEAKE
PLACE, on property legally described as Tracts 4A, 4B, and 4E2, situated in the
J.G. Allen Survey, Abstract No. 18, and being approximately 51.85 acres. Location:
On the northeast corner of the intersection of South Pearson Lane and Union Church
Road. Current Zoning: "AG" Agricultural District. Requested Zoning: "R-PUD"
Residential Planned Unit Development District. Applicant: Four Peaks
Development, Inc. Owners: Ranchland Leasing Co., Inc. and Seyed M. Mirtaheri.
SPIN Neighborhood #15.
Public Hearing.
12. Consider: ZA 98-119, PRELIMINARY PLAT FOR CHESAPEAKE PLACE, on property
legally described as Tracts 4A, 4B, and 4E2, situated in the J.G. Allen Survey,
Abstract No. 18, and being approximately 51.85 acres. Location: On the northeast
corner of the intersection of South Pearson Lane and Union Church Road. Current
Zoning: "AG" Agricultural District. Applicant: Four Peaks Development, Inc.
Owners: Ranchland Leasing Co., Inc. and Seyed M. Mirtaheri. SPIN Neighborhood
#15.
Public Hearing.
13. Consider: ZA 98-120, SITE PLAN FOR THE REMINGTON, on property legally described
as Tracts 4F, 4171, 5A1B, 6A1, and a portion of Tract 6B situated in the Jesse G.
Allen Survey, Abstract No. 18, and being approximately 22.558 acres. Location: On
the south side of West Southlake Boulevard (F.M. 1709) across from Jellico Estates.
Current Zoning: "S-P-2" Generalized Site Plan District for senior adult living
complex to include tri-plex and quadra-plex villas, personal care facility, nursing
care facility, and senior multi-family units. Applicant: Lifestyles, Inc. Owners:
Ernest and Joyce Owen. SPIN Neighborhood # 15.
Public Hearing.
14. Consider: ZA 98-121, REZONING AND CONCEPT PLAN, on property legally described as
Tract 6B 1 and a portion of Tract 6B, situated in the Jesse G. Allen Survey, Abstract
No. 18, and being approximately 3.46 acres. Location: On the north side of Union
Church Road approximately 2,020' west of Davis Boulevard (F.M. 1938). Current
Zoning: "AG" Agricultural District. Requested Zoning: "B-1" Business Service
Park District. Owner and Applicant: Joseph Mortazavi. SPIN Neighborhood #15.
Public Hearing.
City of Southlake, Texas
PLANNING AND ZONING COMMISSION AGENDA
NOVEMBER 5, 1998
PAGE 4
15. Consider: ZA 98-122, PRELIMINARY PLAT, on property legally described as Tracts 4F,
4F1, 5A1, 5A113, 6A1, 613 and 613 1, situated in the Jesse G. Allen Survey, Abstract
No. 18, and being approximately 33.0 acres. Location: On the south side of West
Southlake Boulevard (F.M. 1709) across from Jellico Estates. Current Zoning:
"AG" Agricultural District, "CS" Community Service District, and "S-P-2"
Generalized Site Plan District for senior adult living complex to include tri-plex and
quadra-plex villas, personal care facility, nursing care facility, and senior multi-
family units. Applicant: Lifestyles, Inc. Owners: Joseph Mortazavi, NET Church,
and Ernest and Joyce Owen. SPIN Neighborhood #15.
Public Hearing.
16. Consider: ZA 98-123, PRELIMINARY PLAT FOR EXPLORER ADDITION, on property
legally described as Tract 1 B 1 A situated in the Harrison Decker Survey, Abstract
No. 438, Tracts 413 and 4C, situated in the C.B. McDonald Survey, Abstract No.
1013, and Tract 1B situated in the Payton R. Splane Survey, Abstract No. 1453, and
being approximately 16.493 acres. Location: On the south side of East Continental
Boulevard at the intersection of East Continental Boulevard and Crooked Lane.
Current Zoning: "1-2" Heavy Industrial District. Applicant: Explorer Pipeline
Company. Owner: Huitt-Zollars, Inc. SPIN Neighborhood #7.
Public Hearing.
17. 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 Fr N°a ~ctober 30, 1998, at 6:00 p.m., pursuant
to the Texas Government Code, Chapter 55g 0 U
t I
andra L. LeGrand
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.
REGULAR PLANNING AND ZONING
COMMISSION MEETING
November 5, 1998
1 COMMISSION PRESENT: Chairman Ann Creighton; Vice-Chairman James Murphy; and
2 Commissioners Rob Jones, F. C. LeVrier, C. D. Peebles, Mike Sandlin, and Keith Shankland.
3
4 COMMISSION ABSENT: None.
5
6 CITY STAFF PRESENT: Debra Drayovitch, City Attorney; Greg Last, Community Development
7 Director; Karen Gandy, Zoning Administrator; Chris Carpenter, Senior Comprehensive Planner;
8 Stefanie Sarakaitis, Comprehensive Planner; Charlie Thomas, Deputy Director of Public Works;
9 Angela Turner, Staff Engineer; and Lori Farwell, Community Development Secretary.
10
11 Chairman Creighton called the meeting to order and stated the Commission would be going into
12 Executive Session to consult with the City Attorney regarding matters authorized by Section 551.071
13 of the Texas Government Code.
14
15 The Executive Session started at 6:22 p.m. and ended at 6:54 p.m.
16
17 There was no Work Session held.
8
19 The meeting was called back to order by Chairman Creighton at 7:05 p.m. She asked if there was
20 any action necessary as a result of the Executive Session, and City Attorney Debra Drayovitch stated
21 there was not.
22
23 AGENDA ITEM #2. APPROVAL OF MINUTES:
24 Chairman Creighton opened discussion of the minutes of the October 22, 1998, Planning and Zoning
25 Commission meeting.
26
27 Motion was made to approve the October 22, 1998, Planning and Zoning Commission meeting
28 minutes, as presented.
29
30 Motion: Sandlin
31 Second: Murphy
32 Ayes: Murphy, Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton
33 Nays: None
34 Approved: 7-0
35 Motion carried.
36
37 (Planning and Zoning Commission meeting, 11-05-98, tape 1, section #0036)
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 1 of 22
I AGENDA ITEM #3, ADMINISTRATIVE COMMENTS:
2 There were no administrative comments.
3
4 AGENDA ITEM #4 ORDINANCE NO. 480-DD, REVISIONS AND ADDITIONS TO SECTION
5 30, "PUD " PLANNED UNIT DEVELOPMENT DISTRICT OF THE CITY'S COMPREHENSIVE
6 ZONING ORDINANCE NO.480 AS AMENDED, WITH RESPECT TO MINIMUM ACREAGE
7 AND OPEN SPACE REQUIREMENTS:
8 Motion was made to table Ordinance No. 480-DD and to continue the Public Hearing to the
9 December 3, 1998, Planning and Zoning Commission meeting.
10
1I Motion: Murphy
12 Second: Jones
13 Ayes: Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton
14 Nays: None
15 Approved: 7-0
16 Motion carried.
17
18 (Planning and Zoning Commission meeting, 11-05-98, tape 1, section #0117)
19
20 AGENDA ITEM #6 ZA 98-112 PLAT REVISION FOR PROPOSED LOTS 4RI THROUGH 4R4,
21 GREEN MEADOW SUBDIVISION,
2 AGENDA ITEM #9. ZA 98-116, REZONING, AND
23 AGENDA ITEM #10 ZA 98-117 PLAT REVISION FOR THE PROPOSED LOTS 3R1, 3R2,
24 AND 3R3, BLOCK 1, STEWARD ADDITION:
25 Motion was made at the applicant's request to table ZA 98-112, ZA 98-116, and ZA 98-117 and to
26 continue the Public Hearings to the November 19, 1998, Planning and Zoning Commission meeting.
27
28 Motion: Murphy
29 Second: Sandlin
30 Ayes: LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton
31 Nays: None
32 Approved: 7-0
33 Motion carried.
34
35 (Planning and Zoning Commission meeting, 11-05-98, tape 1, section 90152)
36
37 AGENDA ITEM #5, SIGN ORDINANCE NO. 704:
38 Comprehensive Planner Stefanie Sarakaitis informed the Commission that draft 1 of Sign Ordinance
39 No. 704-A reflects the recommendations discussed by City Council at its October 13, 1998, meeting,
40 as well as a few "clean-up" items. She reviewed all of the changes and asked for any comments or
41 questions from the Commission.
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 2 of 22
I Commissioner Peebles said he is having trouble with the language regarding Window Signs because
2 the letters could still take up a large portion of the window.
4 Director Last suggested that the following language be added to the Window Sign section regarding
5 area measurement: "...the smallest box that could be drawn around the continuity of the sign."
6
7 Commissioner Peebles agreed.
8
9 Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
10 Chairman Creighton closed the Public Hearing.
11
12 Motion was made to approve Sign Ordinance No. 704 incorporating the changes discussed this
13 evening.
14
15 Motion: Murphy
16 Second: Sandlin
17 Ayes: Peebles, Shankland, Jones, Murphy, Sandlin, LeVrier, Creighton
18 Nays: None
19 Approved: 7-0
20 Motion carried.
21
2 (Planning and Zoning Commission meeting, 11-05-98, tape 1, section #0587)
23
24 AGENDA ITEM #7, ZA 98-113, REZONING:
25 Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
26 Zoning Change on property legally described as being Tracts I B and 1 B 1 situated in the James
27 Thornhill Survey, Abstract No. 1505, and being approximately 5.0 acres. The property is located
28 on the north side of West Continental Boulevard approximately 250' east of Southlake Hills Drive.
29 The Current Zoning is "AG" Agricultural District. The Requested Zoning is "SF-IA" Single Family
30 Residential District. The Land Use Category is Medium Density Residential. The Applicant is
31 Kaeini Family First Limited Partnership and the Owners are Kaeini Family First Limited Partnership
32 and Raman Chandler. Twenty-eight (28) written notices were sent to property owners within the
33 200' notification area, and seven (7) responses were received with six (6) being opposed and one (1)
34 being undecided. Also received was a letter sent to the surrounding homeowners from the
35 applicants.
36
37 Robert Hager (Attorney for the Kaeini Family), 1800 Lincoln Plaza, Dallas, Texas, presented this
38 item to the Commission. He introduced Don Peebles, the engineer for the project, to address any
39 questions regarding the division of the land.
40
41 Don Peebles, 530 Bedford Road, Suite 108, Bedford, Texas, stated that the Kaeinis have purchased
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 3 of 22
1 3.7 acres from Raman Chandler. He said the Kaeinis own three (3) lots and Mr. Chandler owns the
2 forth lot. He said Mr. Chandler's lot is included simply as a clean-up item.
3
4 Commissioner Peebles asked what the purpose is for the third lot on Continental Boulevard.
5
6 Mr. Hager stated the lot is to remain vacant.
7
8 Chairman Creighton opened the Public Hearing.
9
10 Matthew Belaus, 1311 Northridge, Southlake, Texas, stated he represents the homeowners in
11 Southlake Hills. He said he and his neighbors are not vehemently opposed to this request and have
12 spoken with the Kaeinis and welcome them to the neighborhood, but they do have concerns about
13 several matters. He concerns primarily dealt with drainage and the number of lots. He asked that
14 Lots 1, 2, and 3 be platted as one (1) lot since the Kaeini's say they only intend to build one (1)
15 house. He said he is pleased with what they intend to do and does not oppose the zoning.
16
17 Commissioner Peebles requested an Executive Session with the City Attorney.
18
19 Chairman stated the Commission would adjourn to seek the advice of the City Attorney in Executive
20 Session pursuant to Section 551.071, Texas Government Code.
21
2 Executive Session started at 7:42 p.m. and end at 7:54 p.m.
23
24 Chairman Creighton called the meeting back to order and asked if there was any action necessary
25 as a result of the Executive Session. City Attorney Debra Drayovitch stated there was none.
26
27 Chairman Creighton closed the Public Hearing.
28
29 Commissioner Jones stated this request is for a less intensive use than what is shown on the Land
30 Use Plan.
31
32 Motion was made to approve ZA 98-113.
33
34 Motion: Murphy
35 Second: Sandlin
36 Ayes: Shankland, Jones, Murphy, Sandlin, LeVrier, Peebles, Creighton
37 Nays: None
38 Approved: 7-0
39 Motion carried.
40
41 (Planning and Zoning Commission meeting, 11-05-98, tape 1, section 91259)
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 4 of 22
I AGENDA ITEM #8 ZA 98-115 PLAT SHOWING FOR PROPOSED LOTS 3 THROUGH 6, J.
2 THORNHILL NO. 1505 ADDITION:
3 Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
4 Plat Showing for proposed Lots 3 through 6, J. Thornhill No. 1505 Addition on property legally
5 described as Tracts 1B and 1B1 situated in the James Thornhill Survey, Abstract No. 1505, and
6 being approximately 5.00 acres. The property is located on the north side of West Southlake
7 Boulevard approximately 250' east of Southlake Hills Drive. The Current Zoning is "AG"
8 Agricultural District. The Land Use Category is Medium Density Residential. The Owners of the
9 property are Kaeini Family First Limited Partnership and Raman Chandler. The Applicant is Kaeini
10 Family First Limited Partnership. Twenty-nine (29) written notices were sent to property owners
11 within the 200' notification area, and three (3) responses were received with one (1) being undecided
12 and two (2) being opposed. Also received was a copy of the letter sent by the applicants to the
13 surrounding homeowners, regarding their plans for the property.
14
15 Robert Hager (Attorney for the Kaeini Family), 1800 Lincoln Plaza, Dallas, Texas, presented this
16 item to the Commission. He introduced Don Peebles, the engineer for the project, to address any
17 technical questions regarding the plat.
18
19 Commissioner Peebles asked where on this property the Kaeinis plan to put their home.
20
21 Mr. Hager said they are going to put their home on Lot 3 which overlooks the pond on Lot 2.
2
23 Commissioner Peebles asked why they want Lot 1.
24
25 Mr. Hager said he does not think there is any special reason.
26
27 Mo Kaeini, 509 Down Court, Grapevine, Texas, stated he might build a home someday for his
28 daughter on Lot 2. He said he has three (3) children and may choose to build a home for one (1) of
29 them on Lot 1, as well.
30
31 Commissioner Peebles asked staff if there is any reason that would preclude the applicant from
32 coming back at a later date to replat this land.
33
34 Director Last stated the applicant could plat the entirety of the. remaining piece into one (1) lot now
35 and present plat revisions at a future point in time to further subdivide the property.
36
37 Mr. Kaeini said he contacted City staff and was told it would be very difficult if he platted one (1)
38 lot now and tried to subdivide it later. He said he was simply trying to do what staff told him.
39
40 Director Last stated he would have suggested the same thing; any time you can lay all your cards out
41 and show what you intend to do is much better than incrementally processing plats.
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 5 of 22
I Chairman Creighton opened the Public Hearing.
2
3 Matt Belaus, 1311 Northridge Drive, Southlake, Texas, said he and his neighbors have been told
4 different stories from the Kaeinis regarding their plans for this property. He asked that the rear two
5 (2) lots be platted into one (1) lot. He wanted to re-emphasize to the Commission that there is only
6 329' along Continental Boulevard which would only support a total of three (3) lots.
7
8 Joe Bechtol, 1000 Hidden Knolls Court, Southlake, Texas, expressed his concern regarding drainage.
9 He said he would like for drainage to be considered not only on the north and west sides of this
10 property but also on the east side. He said he would like Lots 2 and 3 to be platted into one (1) lot.
11
12 Mark Sharp, 1009 Southlake Hills Drive, Southlake, Texas, said he is adjacent to Lot 1 and
13 expressed his concern regarding the drainage of that lot. He would prefer for Lots 1, 2, and 3 to be
14 platted into one (1) lot.
15
16 Commissioner Peebles asked if staff has looked at the drainage on this property.
17
18 Staff Engineer Angela Turner stated staff originally asked for an easement on the west side but has
19 amended their request to ask for one on the north side, too. She also said an easement is required
20 on the east side but the exact location will need to be determined later.
21
2 Matt Belaus asked for clarification on the drainage easements.
23
24 Ms. Turner stated that staff is asking for easements on the north and the east sides of the property,
25 too.
26
27 Louis Bonet, 1002 Hidden Knolls Court, Southlake, Texas, said there is a significant amount of
28 natural drainage on the east side of this drainage. He said Mr. Chandler has put a 3' to 4' retaining
29 wall on the east side of his property to help with the drainage.
30
31 John Gagnon, 1005 Southlake Hills Drive, Southlake, Texas, asked if the Kaeinis are allowed to fill
32 in the pond and build over it.
33
34 Director Last stated as long as the pond is not critical to the drainage aspects or how drainage passes
35 through the property, there are no prohibitions to filling in the pond or even removing the pond.
36
37 Henry Nagi, 1313 Northridge Drive, Southlake, Texas, expressed his concern regarding drainage.
38 He stated dirt has been placed on the back portion of this property which has changed the natural
39 flow of water. He said if Mr. Kaeini only intends to put one (1) house on this property at this time,
40 then he should come back later to subdivide it further.
41
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 6 of 22
I Chairman Creighton closed the Public Hearing.
2
3 (Planning and Zoning Commission meeting, 11-05-98, tape 1, section #2259)
4
5 Commissioner Peebles asked Mr. Kaeini if he would be willing to table this item and combine Lots
6 1, 2, and 3; by doing so, some items on the Staff Review would be eliminated.
7
8 Mr. Hager said they could table this and visit with staff. He said they want to provide adequate
9 drainage and realizes that is an obligation in developing these lots. He said if it is the Commission's
10 will, they would be happy to work with staff and bring this back on December 3, 1998. He said he
11 would like to hear the Commission's comments and be allowed to bring this back on December 3,
12 1998.
13
14 Mr. Kaeini stated all of the lots in this area are half an acre. He said he does not know what the
15 problem is. He said his original plan was to put eight (8) lots on this property, but he decided not
16 to since he is not a developer. He said he thinks it is an advantage for the neighbors to have three
17 (3) lots instead on eight (8).
18
19 Vice-Chairman Murphy said he has serious concerns regarding the drainage. He would also like to
20 see some mechanism addressing the 100' lot width. He would like for the lots to meet the net
21 acreage requirements next time the Commission sees this. Generally speaking, he said there are
2 three (3) pages of comments he would like to see addressed.
23
24 Commissioner Sandlin said he would like to eliminate at least one (1) lot.
25
26 Commissioner LeVrier said he would like to see what affect this proposed lotting will have on the
27 existing Lot 4.
28
29 Commissioner Peebles asked how Commission feels about eliminating one (1) lot.
30
31 Vice-Chairman Murphy said he agrees that one (1) should be eliminated.
32
33 Commissioner Shankland said he would like to see the drainage issues worked out. He said he
34 would like to see one (1) eliminated.
35
36 Commissioner Jones said he is not as concerned about the drainage issues because that is what the
37 staff is for. He said as long as we get the appropriate easements on the plat, he is fine with the
38 drainage situation. He told the neighbors that the Commission does not have the ability to tell Mr.
39 Kaeini how many lots he can put on this land except for what the ordinance spells out; the problem
40 is that he does not have the proper frontage for three (3) lots. He said we have three (3) pages of
41 staff comments that he would like to see addressed.
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 7 of 22
I Chairman Creighton stated the two (2) big items for her are the 100' lot frontage on Continental
2 Boulevard and the driveway spacing. She said her preference would be for Mr. Kaeini to combine
3 the three (3) lots into one (1) in order to eliminate the multiple driveways on Continental Boulevard,
4 which is already a heavily traveled, narrow road. Her second choice would be for Lots 2 and 3 to
5 be combined into one (1).
6
7 Motion was made at the applicant's request to table ZA 98-115 to the December 3, 1998, Planning
8 and Zoning Commission meeting.
9
10 Motion: Murphy
11 Second: Shankland
12
13 Mr. Bechtol asked if the owner of the property does the engineering survey.
14
15 Mr. Turner confirmed that and said he would then submit it to the City for approval.
16
17 Mr. Bechtol asked if the neighbors have an opportunity to have a third party review it.
18
19 Director Last said that all of their documents are public, and Mr. Bechtol is more than welcome to
20 have a third party review them.
21
2 Ayes: Jones, Murphy, Sandlin, LeVrier, Peebles, Shankland, Creighton
23 Nays: None
24 Approved: 7-0
25 Motion carried.
26
27 (Planning and Zoning Commission meeting, 11-05-98, tape 1, section #2799)
28
29 Chairman Creighton called for a break at 8:44 p.m.
30 Chairman Creighton called the meeting back to order at 9:00 p.m.
31
32 AGENDA ITEM 911, ZA 98-118, REZONING AND DEVELOPMENT PLAN FOR
33 CHESAPEAKE PLACE:
34 Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
35 Zoning Change on property legally described as Tracts 4A, 413, and 4E2, situated in the J. G. Allen
36 Survey, Abstract No. 18, and being approximately 51.85 acres. The property is located on the
37 northeast corner of the intersection of South Pearson Lane and Union Church Road. The Current
38 Zoning is "AG" Agricultural District. The Requested Zoning is "R-PUD" Residential Planned Unit
39 Development District. The Land Use Category is Low Density Residential and Retail Commercial.
40 The Owners of the property are Ranchland Leasing Co., Inc. and Seyed M. Mirtaheri. The
41 Applicant is Four Peaks Development, Inc. Seventeen (17) written notices were sent to property
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 8 of 22
1 owners within the 200' notification area, and one (1) response was received which was in favor. Two
2 (2) responses from outside the 200' notification area were received and were in favor.
3
4 Tom Matthews (Four Peaks Development, Inc.) 726 Commerce Street, Southlake, Texas, presented
5 this item to the Commission. He asked for a variance to Items #le (street stub to the east), #2a
6 (consolidation of open space), 42b (pedestrian access easement to KISD site), #2c (bufferyard
7 calculation chart), 46a (125' minimum lot width at the rear property line), 46c (front building
8 setback), #6e (100' minimum lot width at the front property line), #6h (removal of building lines on
9 common areas), #8 (location, type and height of walls, fences, and screening devices), and 913
10 (prohibition of controlling access strips).
11
12 Chairman Creighton asked Mr. Matthews why he chose medium density over low density as the
13 Land Use Plan indicates.
14
15 Mr. Matthews responded that it is actually a P.U.D. as opposed to medium density. He said they felt
16 they needed P.U.D. zoning in order to account for the unique characteristics of the property, and they
17 felt it was the appropriate use from a marketing standpoint due to the large amount of commercial
18 property they are backing up to. They did not feel larger lots would be an appropriate use for this
19 area.
20
21 Commissioner Jones asked what the overall density is for this development.
2
23 Mr. Matthews said it is 1.7 lots per acre.
24
25 Commissioner Peebles asked Mr. Matthews to describe the unique characteristics of this property.
26
27 Mr. Matthews said there are large areas which cannot be developed as lots.
28
29 Commissioner Peebles rephrased his question by asking Mr. Matthews to describe the unique
30 characteristics of this property that make it better for SF-20 type lots as opposed to SF-IA.
31
32 Mr. Matthews said that is a marketing call from their standpoint.
33
34 Chairman Creighton asked him if he attempted to acquire the Musgrove property in the middle of
35 the horseshoe.
36
37 Mr. Matthews said they did, and the Musgroves have elected not to sell.
38
39 Commissioner Peebles said he understands they would rather not have the street stub to the east but
40 asked if it would be a deal-breaker if required to put in the stub.
41 Mr. Matthews responded that they are anxious to work with staff, but at the same time, they see a
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 9 of 22
I future problem of cut-through traffic; it is inevitable that would happen. He said they do not want
2 to start loosing lots, but they could probably move lots around if required to have the street.
3
4 Chairman Creighton asked what sort of amenities they plan to have.
5
6 Mr. Matthews said they do not plan to have any amenities. They feel they should not tell people
7 what they should do; they should let them choose what they want. He said they intend to dedicate
8 a portion of the open space to the City.
9
10 Vice-Chairman Murphy asked if the City would be interested in the open space as shown.
11
12 Mr. Matthews said he does not know. If the City does not want it, it will be maintained by the
13 Homeowners Association.
14
15 Director Last stated he spoke to Kevin Hugman, Director of Parks and Recreation, and expressed
16 to him concerns regarding the distribution of the open space. He said Mr. Hugman concurred, saying
17 it would not be the City's position at a staff level to accept widely disbursed smaller properties as
18 park land dedication. He said Mr. Hugman is trying to get this item scheduled for Park Board
19 discussion or consideration next Monday. Director Last stated Mr. Hugman agreed with staff's
20 recommendation that there be some consolidation of open space on the east side.
21
2 Commissioner Shankland asked if Mr. Matthews has considered what it would do to his
23 development if all of the common areas were combined to the east side.
24
25 Mr. Matthews said they have not looked at that specifically. He is confident if the common area has
26 to remain part of the Homeowners Association, they can accept that and live with that.
27
28 Commissioner Peebles thanked Mr. Matthews for the P.U.D. comparison chart and asked if any
29 effort has been taken to compare Chesapeake Place to any P.U.D. that is currently in a Low Density
30 Residential designation on the Land Use Plan.
31
32 Mr. Matthews said Lonesome Dove used to be Low Density Residential.
33
34 Chairman Creighton opened the Public Hearing.
35
36 Paul Schaefer, 2910 W. Southlake Boulevard, Southlake, Texas, said he has a pond and several
37 horses on his property and said he is very concerned about liability regarding children crossing his
38 fence to get to his property. He said he hopes the developer will put a 6' to 8' cyclone fence or a
39 brick wall along his property. He also stated he would like to see lower density; most of the houses
40 in the area are on 3, 4, or 5 acres.
41
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 10 of 22
I Marshall Slough, 212 S. Pearson Lane, Keller, Texas, said he also represents the Stayleys (222 S.
2 Pearson Lane) and the Howsers (156 S. Pearson Lane). He asked for brick fencing along the
3 entrance into this subdivision. He said their houses will face the backyards of this new subdivision
4 and would like to see a nice brick fence instead of these backyards. He also asked that 10' be taken
5 from this subdivision for additional R.O.W. on Pearson Lane. He asked staff who is furnishing the
6 sewer for this subdivision.
7
8 Staff Engineer Angela Turner stated there is an interlocal agreement with the City of Keller to bring
9 a line south of Pearson Lane and Union Church Road to this subdivision.
10
11 Mr. Slough said he and his neighbors have begged and pleaded for years to have sewer and have not
12 received it. He said he and his neighbors have put in a nice fence along Pearson Lane and said he
13 does not want a wooden fence on the opposite side facing their nice fence.
14
15 Bob Couch, 2535 Union Church Road, Southlake, Texas, said the lot sizes are very compatible with
16 the lots in Hidden Valley in Keller. He said these lots are actually larger than those lots. He said
17 he has no problem with the density.
18
19 Alan Jackson (St. Martin-in-the-Fields Episcopal Church) said he is in favor of the rezoning. He
20 said they have concerns about drainage because they currently have drainage problems. He said the
21 fencing is also a concern because everyone knows what happens to inexpensive wood fencing over
2 time. He said he hopes Union Church Road and South Pearson Lane will be improved to handle the
23 traffic because they are presently inadequate.
24
25 Commissioner Jones asked what St. Martin-in-the-Fields Church thought about the density of this
26 development.
27
28 Mr. Jackson said the density is not a problem.
29
30 Mike Musgrove, 2139 Union Church Road, Southlake, Texas, said there was not a gallant effort by
31 Mr. Matthews to explain to him what was going on all around him. He said he was shocked when
32 this showed up on his doorstep about three (3) weeks ago, but he is not opposed and plans to live
33 with it. He said he is concerned about having horses and whether or not he will be able to have them
34 once this development is built. He said he is currently building a fence around his property. He said
35 he would really like to talk to Mr. Matthews and selling his place is not out of the question; almost
36 no effort has been made to talk to him. He expressed his concern about the drainage in the area.
37
38 Chairman Creighton asked how he feels about the medium density of this development.
39
40 Mr. Musgrove said he would rather it be low density.
41
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 11 of 22
I Wayne Haney (SPIN Representative #15) 400BrockDrive, Southlake, Texas, said since development
2 is inevitable, he was pleased to see that this appears to be a quality development go in an area where
3 there was potential for another Michael Drive to occur. He was afraid that this area was going to
4 turn into a shabby-looking industrial corner. He said the general feeling at the SPIN meeting was
5 that this is a good transition to stop that from happening and an opportunity for a fairly high quality
6 development.
7
8 Chairman Creighton asked if there was any discussion between the neighbors that whether this
9 property should develop as shown on the Land Use Plan (Low Density Residential).
10
11 Mr. Haney said the subject was discussed, and they all would prefer bigger homes on larger lots, but
12 that area is so flat and so treeless that he cannot see high-rollers moving in there. He said he thinks
13 the developer made a good point that it is a good transition.
14
15 Commissioner Jones asked Mr. Haney how he feels about the street stub to the east.
16
17 Mr. Haney said if he lived in this neighborhood, he would be opposed to it due to all the cut-through
18 traffic. He said if it was run all the way to Owenwood Drive, it would give access to the subdivision
19 from Southlake Boulevard. He said he is neutral on the subject.
20
1 Jerry Hall, 2620 W. Southlake Boulevard, Southlake, Texas, said his home is directly across from
the Remington and tonight is the first he has heard about a possible connection to Owenwood Drive.
23 He said he is adamantly against that because all the traffic coming from the Dallas area would use
24 that entrance, and they do not need any more traffic at that intersection.
25
26 Ruby Slayton, 2815 W. Southlake Boulevard, Southlake, Texas, asked how they would get the road
27 from this neighborhood to Owenwood Drive. She said it would have to go over several people's
28 property to get there.
29
30 Mr. Last said she is correct that, between this property and the Remington, there are properties that
31 would have to dedicate right-of-way before the road would be completed.
32
33 David Hannah, 200 West Mill Valley, Colleyville, Texas, said he is going to manage the Remington,
34 and he is opposed to the connection to Owenwood Drive. He said Owenwood Drive was proposed
35 to be a minor collector at best, and if this street is built, it could be turned into a major collector or
36 minor arterial.
37
38 Chairman Creighton left the Public Hearing open.
39
40 (Planning and Zoning Commission meeting, 11-05-98, tape 1, section #5598)
41
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 12 of 22
I Mr. Matthews said they are sensitive to the surrounding homeowners. He said they would be willing
2 to upgrade the fencing on Pearson Lane. He asked the Commission to allow them to work with the
3 homeowners and work out an acceptable solution regarding the type of fencing. He said they are
4 sensitive to the drainage issues and will address those issues as they get into their final platting. He
5 said when the roadways become part of the drainage solution, he thinks many of those issues will
6 be addressed and alleviated. He apologized to Mr. Musgrove for not talking to him sooner and will
7 make an appointment with him.
8
9 Commissioner Jones asked what his plans are regarding fencing Mr. Musgrove's property. He said
10 there are 17 houses backing up to where Mr. Musgrove keeps horses. He said he has horses, too, and
11 he would be scared to death to have that many children feeding his horses.
12
13 Mr. Matthews said they would be willing to deed restrict those lots so, that upon construction of the
14 houses, they must construct a solid wood fence. He thinks this is an issue they will need to discuss
15 with Mr. Musgrove.
16
17 Robert Bess (St. Martin-in-the-Fields Episcopal Church) 7600 Ridgeway Avenue, North Richland
18 Hills, Texas, said the barriers between properties also concern the church. He asked whether the
19 open space area between the properties is grass, trails or trees. He asked Mr. Matthews to discuss
20 the screening between the properties, too.
21
Mr. Matthews said part of the church's property is shown on the master plan as a park area with a
23 soccer field and a baseball field. They hope they can allow people from this neighborhood to have
24 utilization of that area.
25
26 Marshall Slough, 212 S. Pearson Lane, Keller, Texas, asked about what he said earlier about moving
27 the right-of-way 10' into this property. He said they just built an expensive fence on their side of
28 Pearson Lane, and it would probably be cheaper to take the 10' from this property than to remove
29 the fence.
30
31 Mr. Matthews said they have the right-of-way shown as per the City's requirements. He said if they
32 dip down into their property another 10', it would run into the existing structure on the corner of
33 Pearson Lane and Southlake Boulevard.
34
35 Commissioner Sandlin asked why he extended the two (2) courts that back up to the church property
36 as far as he did; it seems like he should have backed them off.
37
38 Mr. Matthews said they did that to give people access to the trails.
39 (Planning and Zoning Commission meeting, 11-05-98, tape 1, section #6138)
40
41 Chairman Creighton asked if Vice-Chairman Murphy would like to start with any comments he has
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 13 of 22
I about this plan.
2
3 Vice-Chairman Murphy said there is more density in this development than he would like to see; it
4 is 70% more than what they finally got Coventry to five years ago. He said he is disappointed that
5 the Commission would have to see this plan without Mr. Musgrove's property being part of the
6 development; working around his property has caused some issues to occur that probably would not
7 have otherwise. He would like to see some consideration of combining the open space. He does not
8 feel the City has to have the attitude that we have to take this as opposed to something else.
9
10 Commissioner Sandlin would like to see them consolidate the open areas. He does not have a
11 problem with the density. He does not think it is a good idea to stub the street out to the east. He
12 questioned whether or not the people across the street could tie into the sewer and suggested that the
13 developer be a good neighbor and make it so they could tie into it. He said they need to meet with
14 Mr. Musgrove and work out the fencing issue.
15
16 Commissioner LeVrier agreed saying that Mr. Musgrove needs to be protected somehow. He said
17 he has concern about the small strip of land which goes up to Southlake Boulevard; he would like
18 to somehow restrict the possibility ever using that as an access onto Southlake Boulevard. He is
19 strongly opposed to the street stubbing to the east for the simple fact that it may create a tremendous
20 safety problem on Owenwood Drive.
21
2 Commissioner Peebles said he wants the developer to meet with Mr. Musgrove and work something
23 out with him. He is not opposed to a P.U.D. but would like lower density, and also stated that due
24 to there being no trees and topography, it is not as appealing as Coventry. He asked Vice-Chairman
25 Murphy what he would like to see regarding the density units per acre.
26
27 Vice-Chairman Murphy said he would like to see around 1.3 - 1.4 units per acre.
28
29 Commissioner Peebles said he was thinking of 1.35 units per acre. He would possibly like to see
30 the open areas consolidated.
31
32 Commissioner Shankland said that it surprised him to hear the adjacent homeowners comments
33 regarding density. He was glad the developer intends to meet with Mr. Musgrove. He said he
34 respects staffs opinion regarding the street stub, but he is not overly anxious to have a street at that
35 location. He would like to see the open space consolidated along the east property line. He said he
36 is confident if these things can be worked out, it will still be a nice subdivision.
37
38 Commissioner Jones agreed with Commissioner Peebles in that this is not as appealing as Coventry.
39 He said when Wayne Haney comes here and gives us his opinion on density and says he is okay with
40 it, he does not think anyone knows their SPIN district any better than Mr. Haney. He has a suspicion
41 that Mr. Musgrove's property will become part of this development, but if it does not he needs to
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 14 of 22
I be protected in some way. He does not know if Mr. Matthew's suggestion regarding fencing Mr.
2 Musgrove's property will work or not. He understands there are logistical problems with putting
3 a fence up before development, but in some cases, you need to make exceptions. He is against the
4 street stub to the east. He agrees that 1.3 to 1.4 density units per acre would probably be more
5 appropriate.
6
7 Chairman Creighton said she is very disappointed in Four Peaks Development; she has seen them
8 do quality developments for the City of Southlake. She said this is barely a step above the
9 subdivision to the south in Keller. She said this is not what residential subdivisions in Southlake are
10 all about. She said the open areas are spread out, and there are no amenities to offer 88 homes. This
11 area is low density residential on the Land Use Plan, and it appears to her the developer just
12 disagreed with the decision that was made by the City on that plan. She said there is a certain level
13 of development that is expected in Southlake, and this does not even come close.
14
15 Commissioner Jones said he forgot to mention that he agrees the open areas should be consolidated.
16
17 Commissioner Peebles said it would be nice if there were more curves in the roads.
18
19 Chairman Creighton said she is not willing to write off a section of the City.
20
?1 (Planning and Zoning Commission meeting, 11-05-98, tape 1, section #7303)
2
23 Mr. Matthews said they would like the opportunity to meet with Mr. Musgrove and the residents on
24 Pearson Lane and requested to table this item to December 3, 1998.
25
26 Motion was made at the applicant's request to table ZA 98-118 and to continue the Public Hearing
27 to the December 3, 1998, Planning and Zoning Commission meeting.
28
29 Motion: Jones
30 Second: Murphy
31 Ayes: Murphy, Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton
32 Nays: None
33 Approved: 7-0
34 Motion carried.
35
36 (Planning and Zoning Commission meeting, 11-05-98, tape 2, section #0293)
37
38 Mr. Matthews also requested to table ZA 98-119 to December 3, 1998.
39
40 AGENDA ITEM #12. ZA 98-119. PRELIMINARY PLAT FOR CHESAPEAKE PLACE:
41 Motion was made at the applicant's request to table ZA 98-119 and to continue the Public Hearing
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 15 of 22
I to the December 3, 1998, Planning and Zoning Commission meeting.
2
3 Motion: Murphy
4 Second: Jones
5 Ayes: Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton
6 Nays: None
7 Approved: 7-0
8 Motion carried.
9
10 (Planning and Zoning Commission meeting, 11-05-98, tape 2, section 40319)
11
12 Chairman Creighton called for a break at 10:48 p.m.
13 Chairman Creighton called the meeting back to order at 11:02 p.m.
14
15 Commissioner LeVrier abstained from Agenda Item #13, ZA 98-120.
16
17 AGENDA ITEM #13. ZA 98-120, SITE PLAN FOR THE REMINGTON:
18 Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
19 Site Plan on property legally described as Tracts 4F, 4F1, 5A1B, 6A1, and a portion of Tract 6B
20 situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 22.558 acres. The
21 property is located on the south side of West Southlake Boulevard (F.M. 1709) across from Jellico
2 Estates. The Current Zoning is "S-P-2" Generalized Site Plan District for senior adult living
23 complex to include tri-plex and quadra-plex villas, personal care facility, nursing care facility, and
24 senior multi-family units. The Land Use Category is Public/Semi-Public and Low Density
25 Residential. The Owners of the property are Ernest and Joyce Owen. The Applicant is Lifestyles,
26 Inc. Fourteen (14) written notices were sent to property owners within the 200' notification area, and
27 one (1) response was received which was in favor.
28
29 Marc Tolson (Galier-Tolson-French Design Associates) presented this item to the Commission. He
30 requested variances on Item #3 (bufferyard along the south line of Lot 1), #9 (4' sidewalk within the
31 Owenwood Drive R.O.W.), and #14 (off-street loading areas).
32
33 Commissioner Sandlin asked if there is any way for the Slayton property to tie into the sewer from
34 this property.
35
36 Mr. Tolson said the issue has not been discussed or requested but they would definitely consider it.
37 He said there is definitely potential for that to happen.
38
39 Chairman Creighton opened the Public Hearing.
40
41 Ruby Slayton, 2815 W. Southlake Boulevard, Southlake, Texas, asked how this property will affect
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 16 of 22
I her drainage, traffic, lighting, noise, zoning, sewer, etc.
2
3 Staff Engineer Angela Turner stated the applicant has addressed drainage problems and has
4 submitted drainage plans. She said the applicant's site drains to the south and should not impact Ms.
5 Slayton's property.
6
7 Jerry Hall asked if there will be a traffic light at Owenwood Drive. He said traffic is his main
8 concern.
9
10 Deputy Director of Public Works Charlie Thomas said the installation of any traffic signal will
11 require warrant studies to be done sometime after the completion of the street. He said there may
12 be a possibility of that in the future. He said signals must be approved by TxDOT and the City
13 Council.
14
15 Gaynell Leath, 2815 W. Southlake Boulevard, Southlake, Texas, asked how this development will
16 affect her livestock since she is zoned agricultural.
17
18 Chairman Creighton asked Ms. Leath if she has had a chance to look at the site plan to see what
19 areas will impact her directly.
20
1 Chairman Creighton closed the Public Hearing.
23 (Planning and Zoning Commission meeting, 11-05-98, tape 2, section #1003)
24
25 After discussion, Mr. Tolson agreed to relocate the required plantings discussed in Staff Review Item
26 #3 elsewhere within Phase 1.
27
28 Commissioner Sandlin asked Mr. Tolson to allow Ms. Slayton to connect to their sewer and to plant
29 additional trees along the west property line to screen her property.
30
31 Regarding Item #9, Director Last stated that staff would not be in favor of waiving all of Item #9;
32 what staff had in mind is for the applicant to combine their trail with the public sidewalk and provide
33 a public access easement at a location to be determined by the Landscape Administrator.
34
35 Gaynell Leath stated her son recently had brain surgery, and she has many safety concerns with this
36 project being next to her.
37
38 Chairman Creighton stated that before the street is constructed, the Slaytons would not have access
39 to this property. After the street is constructed, it appears they would have the ability to access that
40 street from their property.
41
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 17 of 22
I Pat Bailey Preston, 2477 Union Church Road, Southlake, Texas, stated her concern about the
2 drainage. She said she gets drainage into her backyard right now and is concerned she will get more
3 drainage from this development.
4
5 Jackey Fluitt (Washington & Associates, Inc.) 500 Grapevine Highway, Hurst, Texas, said they will
6 be providing a combination of a detention and holding pond on this property. They will be detaining
7 the water and putting it in a holding pond with a dam, which will make the water spread back out
8 over an area. They will only discharge the same amount of water that is being discharged today in
9 the same condition it is being discharged today. Regarding sewer, he said they will be providing an
10 off-site sanitary sewer line through the school site, down Union Church to Bear Creek. That sewer
11 line will be extended through their property, to the Slayton's property, by city ordinance.
12
13 Motion was made to approve ZA 98-120 subject to Site Plan Review Summary No. 1, dated
14 October 30, 1998, relocating the plantings elsewhere within Phase 1 (Item #3); requiring the
15 applicant to work with the City to have a single trail/sidewalk along Owenwood Drive (Item #9);
16 allowing the loading areas as shown (Item #14); and accepting the applicant's commitment to work
17 with the Landscape Administrator to adequately screen the buildings on this site from the Slayton's
18 property.
19
20 Motion: Jones
?1 Second: Murphy
2 Ayes: Peebles, Shankland, Jones, Murphy, Sandlin, Creighton
23 Nays: None
24 Abstain: LeVrier
25 Approved: 6-0-1
26 Motion carried.
27
28 (Planning and Zoning Commission meeting, 11-05-98, tape 2, section #2022)
29
30 AGENDA ITEM #14. ZA 98-121. REZONING AND CONCEPT PLAN:
31 Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
32 Zoning Change on property legally described as Tract 613 1 and a portion of Tract 613, situated in the
33 Jesse G. Allen Survey, Abstract No. 18, and being approximately 3.46 acres. The property is located
34 on the north side of Union Church Road approximately 2,020' west of Davis Boulevard (F.M. 1938).
35 The Current Zoning is "AG" Agricultural District. The Requested Zoning is "B-1" Business Service
36 Park District. The Land Use Category is Low Density Residential. The Owner and Applicant is
37 Joseph Mortazavi. Seven (7) written notices were sent to property owners within the 200'
38 notification area, and no responses have been received.
39
40 Joseph Mortazavi presented this item to the Commission. Mr. Mortazavi submitted a letter which
41 further restricted his zoning request to "S-P-2" Generalized Site Plan District to a nursery yard and
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 18 of 22
I buildings for retail sales with a caretaker unit. He requested relief from Staff Review Items #8
2 (driveway spacing), #10 (off site common drives), #1 I (tree survey), #13 (number of dwelling units),
3 #14 (8' screening device), #15 (20' minimum distance between principal and accessory buildings),
4 #17a (required setbacks for existing structures), and #17b (minimum lot area of 5 acres).
5
6 Chairman Creighton opened the Public Hearing.
7
8 Bob Couch, 2535 Union Church Road, Southlake, Texas, said the city is spot zoning something that
9 will be there forever. He said this entire area is residential. If Mr. Mortazavi gets ready to sell his
10 property, it can always stay zoned as "S-P-2." He said he does not feel that the people who live in
1 I that area should be penalized because of city ordinances.
12
13 Pat Bailey Preston, 2477 Union Church Road, Southlake, Texas, said she likes the nursery there, but
14 she would not like to see any other business there.
15
16 Bob Couch asked if the applicant will have to meet all of the city's requirements such as bufferyards,
17 screening, building spacing, etc.
18
19 Vice-Chairman Murphy stated Mr. Mortazavi has requested that he not have to meet all of those
20 requirements.
?1
2 Chairman Creighton said the Commission has the ability to recommend to the City Council that
23 those items be waived, but the variance to the lot size must go before the Zoning Board of
24 Adjustment.
25
26 Chairman Creighton closed the Public Hearing.
27
28 Chairman Creighton asked how everyone feels about the variances he is requesting.
29
30 Vice-Chairman Murphy said he thinks they should recommend approving them.
31
32 Commissioner Shankland agreed with Vice-Chairman Murphy saying this man has been faithful to
33 the city for 14 years and will probably be there for 14 more years. He said they are just cleaning
34 things up, and he is in favor of granting these variances.
35
36 Commissioner Jones said he has a hard time doing this in the middle of a residential subdivision, but
37 he also has a hard time putting someone out of business if a major catastrophe occurs. He said he
38 believes this property will develop as SF-IA in the next few years.
39
40 Chairman Creighton said she does not like to do this because it does not set a good precedent.
41
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 19 of 22
I Commissioner LeVrier said if Mr. Mortazavi was before the Commission because he was trying to
2 make some type of improvement such as enlarging his facility, then he would be opposed to it. He
3 is before the Commission because he is forced to be before the Commission simply due to selling
4 his property.
5
6 Commissioner Peebles said he would give Mr. Mortazavi the S-P-2 zoning, but make it such that
7 if he wants to expand he has got to come back with a Site Plan. He recommended putting in the
8 motion that Items 413, 14, 15, and 17a are for this applicant only.
9
10 Director Last recommended changing Item #I 7b to read: allow lot size as shown (3.46 acres)
11 or acreage net of any R. O. W. dedication."
12
13 Motion was made to approve ZA 98-121, subject to Concept Plan Review Summary No. 1, dated
14 October 30, 1998, amending the zoning request to S-P-2 Generalized Site Plan District with a
15 nursery yard and buildings for retail sales with a caretaker unit as shown on the Concept Plan;
16 granting relief on items in November 5, 1998, amending Item #17b to read, "...allow lot size as
17 shown (3.46 acres) or acreage net of any R.O.W. dedication.
18
19 Motion: Murphy
20 Second: Shankland
?1
Commissioner Peebles said he would like the motion to reflect that the S-P-2 cannot be expanded;
23 it must be the same concentration of businesses that he has there today. He also said he would like
24 for Items #13, 14, 15, and 17a be granted with respect to this applicant only.
25
26 Vice-Chairman Murphy amended his motion and Commissioner Shankland seconded it.
27
28 Ayes: Shankland, Jones, Murphy, Sandlin, LeVrier, Peebles
29 Nays: Creighton
30 Approved: 6-1
31 Motion carried.
32
33 (Planning and Zoning Commission meeting, 11-05-98, tape 2, section #3247)
34
35 Commissioner LeVrier abstained from Agenda Item #15, ZA 98-122.
36
37 AGENDA ITEM #15. ZA 98-122. PRELIMINARY PLAT:
38 Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
39 Preliminary Plat on property legally described as Tracts 417, 4171, 5A1, 5AIB, 6AI, 6B and 6B 1,
40 situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 33.0 acres. The
41 property is located on the south side of West Southlake Boulevard (F.M. 1709) across from Jellico
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 20 of 22
I Estates. The Current Zoning is "AG" Agricultural District, "CS" Community Service District, and
2 "S-P-2" Generalized Site Plan District for senior adult living complex to include tri-plex and quadra-
3 Alex villas, personal care facility, nursing care facility, and senior multi-family units. The Land Use
4 Category is Low Density Residential and Public/Semi-Public. The Owners are Joseph Mortazavi,
5 NET Church, and Ernest and Joyce Owen. The Applicant is Lifestyles, Inc. Twelve (12) written
6 notices were sent to property owners within the 200' notification area, and no responses were
7 received.
8
9 Jackey Fluitt (Washington & Associates, Inc.) 500 Grapevine Highway, Hurst, Texas, presented this
10 item to the Commission. He asked for a variance to Items #15c (minimum lot area of 5 acres within
11 Lot 4), and # 18 (tree survey).
12
13 Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
14 Chairman Creighton closed the Public Hearing.
15
16 Motion was made to approve ZA 98-122, subject to Plat Review Summary No. 1, dated October
17 30, 1998, waiving Item #15c (minimum lot area of 5 acres within Lot 4), and waiving the
18 requirement for a tree survey on Lot 4 and deferring the requirement for a Tree Survey for the
19 church's property until the Concept Plan.
20
? 1 Motion: Murphy
2 Second: Jones
23 Ayes: Jones, Murphy, Sandlin, Peebles, Shankland, Creighton
24 Nays: None
25 Abstain: LeVrier
26 Approved: 6-0-1
27 Motion carried.
28
29 (Planning and Zoning Commission meeting, 11-05-98, tape 2, section #3520)
30
31 AGENDA ITEM #16, ZA 98-123. PRELIMINARY PLAT FOR EXPLORER ADDITION:
32 Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
33 Preliminary Plat on property legally described as Tract I B 1 A situated in the Harrison Decker
34 Survey, Abstract No. 438, Tracts 4B and 4C, situated in the C.B. McDonald Survey, Abstract No.
35 1013, and Tract 113 situated in the Payton R. Splane Survey, Abstract No. 1453, and being
36 approximately 16.493 acres. The property is located on the south side of East Continental Boulevard
37 at the intersection of East Continental Boulevard and Crooked Lane. The Current Zoning is "I-2"
38 Heavy Industrial District. The Land Use Category is Industrial. The Owner of the property is Huitt-
39 Zollars, Inc. The Applicant is Explorer Pipeline Company. Seventeen (17) written notices were sent
40 to property owners within the 200' notification area, and one (1) response was received which was
41 in favor.
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 21 of 22
1 Mickey Nowell (Huitt-Zollars, Inc.) 500 W. 7th Street, Suite 300, Fort Worth, Texas, presented this
2 item to the Commission. He stated they will meet all Staff Review Comments.
3
4 Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
5 Chairman Creighton closed the Public Hearing.
6
7 Motion was made to approve ZA 98-123, subject to Plat Review Summary No. 1, dated October
8 30, 1998.
9
10 Motion: Murphy
11 Second: Sandlin
12 Ayes: Murphy, Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton
13 Nays: None
14 Approved: 7-0
15 Motion carried.
16
17 (Planning and Zoning Commission meeting, 11-05-98, tape 2, section #3781)
18
19 AGENDA ITEM 417, MEETING ADJOURNMENT:
20 Chairman Creighton adjourned the meeting at 12:44 a.m. on November 6, 1998.
?1
(Planning and Zoning Commission meeting, 11-05-98, tape 2, section #3786)
23
24
25
28 Ann Creighto
29 Chairman
30 ATTEST:
31
32
35 Lori A. Farwell
36 Community Development Secretary
37 L:\COMDEV\WP-FILES\MTG\MIN\1998\11-05-98.WPD
Planning and Zoning Commission Meeting Minutes on November 5, 1998 Page 22 of 22
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF ar r a r' §
I, ~L" /,Ed"-'%eas a member of the make this affidavit
and hereby on oath state the following: I have a substantial interest in a business entity or real property as defined in
Chapter 171, Texas Local Government Code, and a vote is to be taken or a decision is to be made that will have a
special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is: 22
COMPLETE (A) or (B): (A) The business entity is (name); or
(B) The real property is located at:
I have a substantial interest 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 S 15,000 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 I have an equitable or legal ownership of the property with a fair
market value of at least 52,500.
A relative of mine has a substantial interest in the business entity or real property that would
be affected by a decision of the public body of which I am a member.
/YIy ~?/2c =CTaAem L, Foem /_5 l.~T/OA/ cuerH 7,o-c- H,P/P,^~c~i~czl , r
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision
involving this business entity or real property and from any further participation on this matter by discussion or debate.
Signed this efo day of Veyet~ er _ , 199e .
a re of Official
The State of E Gi5 §
County of §
Before me n ; A . flaop on this day personally appeared
F; C , 1..0; known to me (or proved to me on the oath of - or
through - (description of identity card or other document) to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office this 1; `day of o✓ewtv.,-, A.D. j9q- .
( mom
Puy` LORI A. FARWELL
* Notary Public
ry STATE OF TEXAS
OF My Comm. Exp. 1027/01
Notary Public. in and for the State of Texas
WILMRARYNunicipal M ERGEContlictoflnterestAffidaviLwpd