2001-05-03 P&Z Meeting
REGULAR PLANNING & ZONING COMMISSION MEETING May 3, 2001
LOCATION: 1400 Main Street, 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: 6:30 P.M.
1. Call to Order.
2. Approval of the minutes of the Planning and Zoning Commission meeting held on April 19,
2001.
3. Administrative Comments.
CONSENT AGENDA:
All items listed below are considered to be routine by the Planning and Zoning Commission and
will be enacted with one motion. There will be no separate discussion of items unless a
Commission member or citizen so requests, in which event, the item will be removed from the
general order of business and considered in its normal sequence.
4. Consent: ZA01-034, WINGATE HILL SUBDIVISION on property legally described as
Tracts 3 & 3F and a portion of Tract 4C, Rees D. Price Survey, Abstract No.
1207, and being 30.138 acres. Location: On the east side of North White Chapel
Boulevard approximately 700' north of Sweet Street. Current Zoning: "SF-IA"
Single Family Residential. Spin Neighborhood #1.
REGULAR AGENDA:
5. Consider: ZA01-006, SPECIFIC USE PERMIT TO ALLOW AN ADDITIONAL
ANTENNA ON AN EXISTING TELECOMMUNICATION TOWER PER
ZONING ORDINANCE NO. 480, SECTION 45.1 (38) AND SECTION 45.8, on
PLANNING AND ZONING COMMISSION AGENDA
MAY 3, 2001
PAGE 2
property described as Lot 1R, Block B, North Davis Business Park; being 0.757
acres. A Concept Plan will be considered with this request. Location: On the
south side of Greenwood Drive, approximately 60' north of Greenbriar Drive.
Current Zoning: "S-P-1" Detailed Site Plan District with "I-1" uses with outside
storage and an antenna station. SPIN Neighborhood #16.
Public Hearing.
THIS ITEM HAS BEEN REQUESTED TO BE TABLED AND TO
CONTINUE THE PUBLIC HEARING TO THE MAY 17, 2001,
PLANNING AND ZONING COMMISSION MEETING.
6. Consider: ZA01-018, REZONING AND SITE PLAN FOR SONIC RESTAURANT, on
property legally described as Tract 1131, W.E. Mayfield Subdivision and being
.9451 acre. Location: 2550 East Southlake Boulevard, being on the north side of
East Southlake Boulevard, approximately 1000' east of Kimball Avenue. Current
Zoning: "AG" Agricultural. Requested Zoning: "S-P-1" Detailed Site Plan
District with "C-2" Local Retail Commercial district uses limited to a fast food
restaurant. SPIN Neighborhood #6.
Public Hearing.
7. Consider: ZA01-019, PLAT REVISION FOR LOT 1R2, BLOCK 1, W.E. MAYFIELD
ADDITION, on property legally described as Tract 1131, W.E. Mayfield
Subdivision and being .9451 acre. Location: 2550 East Southlake Boulevard,
being on the north side of East Southlake Boulevard, approximately 1000' east of
Kimball Avenue. Current Zoning: "AG" Agricultural. SPIN Neighborhood #6.
Public Hearing.
8. Consider: ZA01-027, REZONING AND DEVELOPMENT PLAN FOR HALTOM CREEK
ESTATES, on property legally described as Tracts 3A1G3, 3A1G, 3A1G5,
3A1G1, 3A1G2, 3A1G4, 3A1F1, 5133, 513, 5132A, 5132, 4E, and 4, Frances
Throop Survey Abstract No. 1511 and being 95.9 acres. Location: On the east
side of North Carroll Avenue and the west side of Sunshine Lane, approximately
500' south of East Dove Road. Current Zoning: "AG" Agricultural and "SF-IA"
Single Family Residential District. Requested Zoning: "R-PUD" Residential
Planned Unit Development. SPIN Neighborhood #5.
Public Hearing.
9. Consider: Meeting Adjournment.
PLANNING AND ZONING COMMISSION AGENDA
MAY 3, 2001
PAGE 3
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall,
1400 Main Street, Southlake, Texas, on Frift,,,April 27, 2001, at 6:00 p.m., pursuant to the
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Texas Government Code, Chapter 551`.~,•,`OF SOU
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Sandra L. LeGrand P
City Secretary °°°~,,~,~%,~it1;i`~~~~~.•`'~
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 481-1519, and reasonable accommodations will be made to assist you.
I REGULAR PLANNING AND ZONING
2 COMMISSION MEETING
3 MAY 3, 2001
4
5 COMMISSIONERS PRESENT: Chairman Dennis King; Vice-Chairman Michael Boutte; and
6 Commissioners Kenneth Horne, Jim Jones, Pamela Muller, Vernon Stansell, and John Terrell.
7
8 COMMISSIONERS ABSENT: None.
9
10 CITY STAFF PRESENT: Bruce Payne, Director of Planning; Charlie Thomas, City Engineer; Ken
11 Baker, Senior Planner; Angela Turner, Graduate Engineer; and Lorrie Herrick, Administrative
12 Secretary.
13
14 Chairman King called the meeting to order at 6:34 p.m.
15
16 There was no Work Session held.
17
18 AGENDA ITEM #2, APPROVAL OF MINUTES:
19 Chairman King opened discussion of the minutes of the Planning and Zoning Commission meeting
20 held on April 19, 2001.
21
22 Motion was made to approve the minutes of the Planning and Zoning Commission meeting held
23 on April 19, 2001, as presented.
24
25 Motion: Stansell
26 Second: Terrell
27 Ayes: Stansell, Terrell, Boutte, Jones, Horne, King
28 Nays: None
29 Abstain: Muller
30 Approved: 6-0
31 Motion carried.
32
33
34 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 6:35)
35
36
37 AGENDA ITEM #3, ADMINISTRATIVE COMMENTS:
38
39 There were no Administrative Comments.
40
41
42
43
44
Planning and Zoning Commission Meeting Minutes on May 03, 2001 1
1
2 AGENDA ITEM #4 CONSENT AGENDA, ZA01-034, WINGATE HILL SUBDIVISION:
3 Motion was made to approve ZA01-034 subject to Plat Review Summary No. 2, revised edition
4 dated May 3, 2001.
5
6 Motion: Muller
7 Second: Terrell
8 Ayes: Terrell, Boutte, Muller, Jones, Horne, Stansell, King
9 Nays: None
10 Approved: 7-0
11 Motion carried.
12
13
14 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 6:37)
15
16
17 AGENDA ITEM #5 ZA01-006, SPECIFIC USE PERMIT TO ALLOW AN ADDITIONAL
18 ANTENNA ON AN EXISTING TELECOMMUNICATION TOWER PER ZONING
19 ORDINANCE NO. 480, SECTION 45.1 (38) AND SECTION 45.8:
20 Motion was made at the applicant's request to table ZA01-006 and to continue the Public Hearing
21 to the May 17, 2001, Planning and Zoning Commission meeting.
22
23 Motion: Muller
24 Second: Terrell
25 Ayes: Boutte, Muller, Jones, Horne, Stansell, Terrell, King
26 Nays: None
27 Approved: 7-0
28 Motion carried.
29
30
31 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 6:38)
32
33
34 AGENDA ITEM #6, ZA01-018 REZONING AND SITE PLAN FOR SONIC RESTAURANT:
35 Senior Planner Ken Baker presented this item to the Commission for a Rezoning and Site Plan for
36 Sonic Restaurant on property legally described as Tract 1B1, W.E. Mayfield Subdivision and being
37 .9451 acre. The property is located at 2550 East Southlake Boulevard, being on the north side of
38 East Southlake Boulevard, approximately 1000' east of Kimball Avenue. The Current Zoning is
39 "AG" Agricultural District. The Requested Zoning is "S-P-1" Detailed Site Plan District with "C-2"
40 Local Retail Commercial District uses limited to a fast food restaurant. SPIN Neighborhood #6. The
41 Owner of the property is Southlake Ventures. The Applicant is Encore Realty Company, LC. Eight
42 written notices were sent to property owners within the 200' notification area, and one response was
43 received being opposed.
44
Planning and Zoning Commission Meeting Minutes on May 03, 2001 2
I Ken Baker opened his presentation for questions from the Commission.
2
3 Dennis Clark (Encore Realty) presented this item to the Commission and reviewed requested
4 variances.
5
6 The Commission discussed the previous approval of a Sonic going in on the other side of town off
7 of Davis Boulevard. Statements were made regarding this property being used as office space or for
8 a sit down restaurant.
9
10 Chairman King addressed the fact that the drive-through restaurants are normally clustered together.
11
12 Dennis Clark responded by stating that the property is too small for a sit down restaurant and felt
13 that his proposed design would fit in with the surrounding buildings.
14
15 Chairman King was concerned about the fact that Mr. Clark did not speak with the people from
16 Gateway Plaza about his proposal.
17
18 Commissioner Muller asked Mr. Clark about the trees and which ones would remain. Her concern
19 was if the trees would provide a buffer between Sonic and Gateway Plaza.
20
21 Chairman King opened the Public Hearing.
22
23 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 7:19:18)
24
25 No one in the audience stepped forward to speak.
26
27 Chairman King closed the Public Hearing.
28
29 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 7:19:35)
30
31 Commissioner Muller said she was not excited about this property being used for a fast food
32 restaurant.
33
34 Vice Chairman Boutte stated that this is clearly the wrong place for a Sonic and it would be reckless
35 for the Commission to approve this item. He wants to see sit down restaurants around Gateway
36 Plaza.
37
38 Commissioner Terrell stated that it would be difficult to find a sit down restaurant that would fit on
39 this site.
40
41 Vice Chairman Boutte responded by saying that the owner of the property probably made a mistake
42 when he didn't sell to Gateway and may find himself having trouble now trying to develop this land.
43 However, his concern is for the city and what is best for the city and feels this project would be
44 detrimental.
Planning and Zoning Commission Meeting Minutes on May 03, 2001 3
1
2 Commissioner Muller said that her concern is the footprint of the building.
3
4 Commissioner Jones added that this is the most premier spot left on the north side and would like
5 to see something more appropriate.
6
7 Commissioner Stansell stated his concern was that the applicant was consistent with the Land Use
8 Plan.
9
10 Vice Chairman Boutte responded saying that the Land Use Plan was too broad and they need to
11 think about what is appropriate.
12
13 Commissioner Stansell made a statement about the Commission approving a Quick Trip just across
14 the street and questioned the consistency issue.
15
16 Chairman King responded by stating that some of Mr. Clark's design details did conflict with the
17 consistency of the area. He said that he would not like to see a fast food restaurant at the portal of
18 the city.
19
20 Motion was made to deny ZA01-018.
21
22 Motion: Boutte
23 Second: Jones
24 Ayes: Muller, Jones, Horne, Stansell, Terrell, Boutte, King
25 Nays: None
26 Vote: 7-0 (to deny)
27 Motion carried.
28
29
30 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 7:37:50)
31
32
33 AGENDA ITEM #7 ZA01-019 PLAT REVISION FOR LOT 1R2, BLOCK 1, W.E. MAYFIELD
34 ADDITION:
35 Senior Planner Ken Baker presented this item to the Commission for a Plat Revision for Lot 1R2,
36 Block 1, W.E. Mayfield Addition on property legally described as Tract 1B1, W.E. Mayfield
37 Subdivision and being .9451 acre. The property is located at 2550 East Southlake Boulevard, being
38 on the north side of East Southlake Boulevard, approximately 1000' east of Kimball Avenue. The
39 Current Zoning is "AG" Agricultural District. The Owner of the property is Southlake Ventures. The
40 Applicant is Encore Realty Company, LC. Four written notices were sent to property owners within
41 the 200' notification area, and one response was received being opposed.
42
43 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 7:39:32)
44
Planning and Zoning Commission Meeting Minutes on May 03, 2001 4
1 Applicant, Dennis Clark, left the building after Agenda Item #6, ZA01-018.
2
3 Chairman King opened the Public Hearing.
4
5 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 7:39:41)
6
7 No one in the audience stepped forward to speak.
8
9 Chairman King closed the Public Hearing.
10
11 (Planning and Zoning Commission meeting, 05-03-01, CD1, 7:39:57)
12
13
14 Motion was made to deny ZA01-019.
15
16 Motion: Boutte
17 Second: Terrell
18 Ayes: Jones, Horne, Stansell, Terrell, Boutte, Muller, King
19 Nays: None
20 Vote: 7-0 (to deny)
21 Motion carried.
22
23 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 7:40:23)
24
25 Chairman King called for a break at 7:40:30.
26
27 Chairman King called the meeting back to order at 7:56:04.
28
29 AGENDA ITEM #8 ZA01-027. REZONING AND DEVELOPMENT PLAN FOR HALTOM
30 CREEK ESTATES:
31 Senior Planner Ken Baker presented this item to the Commission for a Rezoning and Development
32 Plan for Haltom Creek Estates on property legally described as Tracts 3A1G3, 3AIG, 3AIG5,
33 3AIG1, 3A1G2, 3A1G4, 3A1F1, 5133, 513, 5B2A, 5132, 4E, and 4, Frances Throop Survey Abstract
34 No. 1511; being 95.9 acres. The property is located on the east side of North Carroll Avenue and
35 the west side of Sunshine Lane, approximately 500' south of East Dove Road. The Current Zonings
36 are "AG" Agricultural District and "SF-1A" Single Family Residential District. The Requested
37 Zoning is "R-PUD" Residential Planned Unit Development. The Land Use Categories are Low
38 Density Residential and 100-Year Flood Plane. The Owners of the property are James C. Haltom,
39 Brenda J. Haltom, and James C. Haltom 1999 GRAT. The Applicant is Four Peaks Development.
40 48 written notices were sent to property owners within the 200' notification area, and 12 responses
41 were received within the 200' notification area with ten being opposed, one being in favor, and one
42 being undecided. Nine responses were received from outside the 200' notification area, and all were
43 opposed. Two petitions of opposition were received. And, twelve responses of opposition were also
44 received during this meeting.
Planning and Zoning Commission Meeting Minutes on May 03, 2001 5
1
2 Ken Baker commented on the changes that were made. There were no questions for the staff.
3
4 David McMahan presented this item to the Commission and reviewed the requested variances.
5
6 David McMahan began his presentation by introducing Mr. Tom Matthews, Mr. McMahan's partner
7 in Four Peaks Development; Mr. Dale Clark, President of Warren Clark Development; and Mr. Ocie
8 Vest, Huitt-Zollar Civil Engineers.
9
10 Ocie Vest talked about the access roads and discussed the technical issues surrounding the drainage
11 as it relates to the development plan.
12
13 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 8:25)
14
15 Ocie Vest and the Commission discussed the drainage and the developers' plan to reroute the water.
16
17 Dale Clark began by listing the goals of the city's Land Use Plan and stated how this project was
18 in compliance with the plan. He then presented the financial benefits of this development, quoting
19 numbers and increases of revenue for the CISD schools.
20
21 Chairman King opened the Public Hearing.
22
23 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 9:12)
24
25 Don Rose, 1209 Ashmore Court, Southlake, Texas: discussed Mr. Clark's presentation of the goals
26 of the Land Use Plan and how his interpretation was a bit different. He stated that he and his
27 neighbors were there because of their need to preserve their quality of life. He also said that he felt
28 that north of Hwy. 114 represents the traditional Southlake and wants to keep it a rural environment.
29
30 Commissioner Jones requested Bruce Payne explain the Land Use Plan, i.e., Low Density-Net
31 Density = 1 unit per acre.
32
33 Bruce Payne responded by stating that the Land Use Plan speaks to two issues. One is use and one
34 is density. The use issue is in the name Residential. That is what we understand the developer is
35 proposing that this use be. The other is to density. The Land Use Plan calls for a density of one
36 residential dwelling unit per acre. In the staff's review of this proposal, the developer meets the
37 requirements of the Land Use Plan.
38
39 Nancy Moffett, 1414 Whispering Dell Court, Southlake, Texas: spoke as a homeowner as well as
40 a professional city legislator. She addressed the drainage, income for schools, and traffic issues. Her
41 opinion is that this project is actually two developments; two different types. She felt that Product
42 B was being used as a smoke screen and would never be developed. Product B's purpose was to
43 comply with the Land Use Plan so that Product A would not be defined as Medium Density. She
44 claimed that over 50% of the homeowners surrounding this proposed development have signed a
Planning and Zoning Commission Meeting Minutes on May 03, 2001 6
I petition in opposition.
2
3 Commissioner Jones asked Ms. Moffett if there were 12 less homes making the property 1 home per
4 1 acre, would she still have a problem with the development.
5
6 Nancy Moffett responded by saying that she realizes that this land will be developed, however, she
7 wasn't comfortable with the study done on the flooding issue. She continued to discuss the flooding
8 and drainage issue.
9
10 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 9:42)
11
12 Chairman King stated that there would be two commissioners leaving around 10:15 -10:30 and he
13 wanted everyone coming forward to speak to be aware of that information.
14
15 Terry Mullaney, 1515 North Carroll Avenue, Southlake, Texas: said that the key is the fact that these
16 are not on 1 acre lots. Mr. Haltom does not have the same consideration sitting on Product B. He
17 pointed out what he felt was a loop hole in the Land Use Plan. He was under the impression that the
18 1 house on 1 acre meant exactly that.
19
20 Ann Creighton, 705 Lakers Court, Southlake, Texas: commented that she had sat on the Planning
21 and Zoning Commission several years ago when the Land Use Plan for this location was designated.
22 She recalled that is was a hotly debated issue. She claimed that the city's interpretation of the Land
23 Use Plan and Low Density has changed.
24
25 Commissioner Jones commented that he was concerned about this "new" interpretation and asked
26 if the actual written document had been changed.
27
28 Bruce Payne responded with an explanation of how he developed his interpretation of the Land Use
29 Plan. He said that he took the black and white written word for exactly what it said. He also
30 explained how the zoning code co-insides with the Land Use Plan.
31
32 Commissioner Jones answered with the fact that even the Bible was subject to interpretation by a
33 lot of people.
34
35 Commissioner Muller said she was around when this designation of the Land Use Plan was made
36 and technically Bruce Payne's interpretation was correct. She said that the reason that the
37 Residential PUD came into play was to give some flexibility to some creativity in complying with
38 the Land Use Plan. She stated that Ms. Moffett made a good point when she said that these were two
39 different developments. She also said that what was going on with this project is not what the
40 original Residential PUD intended. She claimed that one product was being used to take credit for
41 the other.
42
43 Commissioner Horne added that it is not Mr. Payne's job to interpret the Land Use Plan but merely
44 to clarify and understand the written word ...it is the Commission's job to do the interpretation.
Planning and Zoning Commission Meeting Minutes on May 03, 2001 7
1
2 Rhonda Chambers, 1810 Hunters Creek, Southlake, Texas: stressed the quality of life issues.
3
4 Mike Mitchell, 2925 Harbor Refuge, Southlake, Texas: stated that he was in support of this project.
5 He said that it was inevitable that this land would be developed and that this plan was a very nice
6 one. He feared that something not as desirable may happen in the future.
7
8 Rhonda Hight, 1709 North Carroll Avenue, Southlake, Texas: questioned where exactly the
9 emergency access road was located. She commented on the widening of Carroll Road, the traffic
10 study, the drainage and underground water, and the density issue.
11
12 Chairman King read the following names from the Sign-In Cards from people who were opposed
13 but who did not wish to speak:
14
15 Charlene White, 1216 Whispering Lane, Southlake, Texas, who wrote: Where will all the children
16 who move into this development attend school? Only one elementary on the north side of the
17 highway. How many portables could be put at Johnson? How long would they stay there?
18 When is another elementary school planned for this area?
19 Chris White, 1216 Whispering Lane, Southlake, Texas;
20 Diane Sarpalius, 1790 Hunter's Creek Drive, Southlake, Texas;
21 Darwin Scratchard, 1410 Whispering Dell Court, Southlake, Texas;
22 Kim Pannell, 1418 Whispering Dell Court, Southlake, Texas, who wrote: I spoke last time - Please
23 consider the drainage issue. The flood plane and creek have not been studied. The
24 homeowners will hold the city accountable for any problems if this is developed;
25 Glen Cornman, 1210 Whispering Lane, Southlake, Texas;
26 Susan Cornman, 1210 Whispering Lane, Southlake, Texas;
27 David Edelen, 1203 Ashmore Court, Southlake, Texas;
28 Larry Dodson, 1215 Whispering Lane, Southlake, Texas;
29 Barbara S. Johnson, 1408 Whispering Dell Court, Southlake, Texas;
30 Kermit L. Stosberg, 1204 Blythe Lane, Southlake, Texas;
31 Janita Herrin, 1204 Blythe Lane, Southlake, Texas;
32 Clara Richardson, 2101 N. Carroll Avenue, Southlake, Texas;
33 Lili South, 1779 N. Sunshine Lane, Southlake, Texas;
34 Donna L. Wallace, 1780 N. Sunshine Lane, Southlake, Texas;
35 Chris Ensenberger, 1505 N. Carroll Avenue, Southlake, Texas;
36 Lang Freeman, 1780 Hunters Creek, Southlake, Texas;
37 Matt Freeman, 1780 Hunters Creek, Southlake, Texas;
38 Steve Freeman, 1780 Hunters Creek, Southlake, Texas;
39 Donna Freeman, 1780 Hunters Creek, Southlake, Texas;
40 Elaine Ensenberger, 1505 N. Carroll Avenue, Southlake, Texas;
41 Barry Johnson, 1408 Whispering Dell Court, Southlake, Texas;
42 Ken Johnson, 1218 Whispering Lane, Southlake, Texas;
43
44 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 10:08)
Planning and Zoning Commission Meeting Minutes on May 03, 2001 8
1
2 Commissioner King asked the audience if there was anyone else who wished to speak.
3
4 Dale Crane, 1469 Sunshine Lane, Southlake, Texas: spoke in support and finds this plan acceptable.
5 He stated that this land will eventually be developed and would hope that what ends up there will
6 be as appealing to the eye as this plan. He spoke on behalf of his neighbor, Bob Kaye, who is also
7 in support of this plan.
8
9 Jan Frances, 1211 Ashmore Court, Southlake, Texas: discussed the berm issue in relation to the
10 potential for flooding at the existing homes. She said the berm only protected the new homeowners.
11 She also commented on the density issue.
12
13 Carl Lapisca, 1612 Heatherbrook Court, Southlake, Texas: spoke in opposition of the entire
14 development. He discussed the Dove and Carroll Road issue.
15
16 Ken Johnson, 1218 Whispering Lane, Southlake, Texas: commented on the size of the lots issue. He
17 asked if the greenway counted as acreage. He talked about when he lived in Irving and stated the
18 drastic changes that occurred. He hoped Southlake would not allow such drastic changes.
19
20 Commissioner Jones departed at 10:16.
21
22 Diane Zarpolis, 1790 Hunters Creek, Southlake, Texas: said she bought her home because of the
23 beautiful property and view from her windows. She understands that the land will be developed,
24 however, she stated great concern for the potential drainage problem. She stated a strong opposition
25 for the current plan and the lack of "actual" one home per one acre lots.
26
27 Larry Dodson, 1215 Whispering Lane, Southlake, Texas: questioned why the flood plane was
28 included in the equation for net density. He stated that the land in the flood plane is undevelopable
29 and should not be counted. He also stated that one house per one acre would keep this area rural.
30
31 Kim Pannell, 1418 Whispering Dell Court, Southlake, Texas: brought up the issue of the park that
32 was planned for the flood plane area, stating that it would be maintained by the homeowner's
33 association. She was concerned about this issue because the terrain is very rugged.
34
35 Chairman King called for a break at 10:25:55.
36
37 Commissioner Stansell departed during the break.
38
39 Chairman King called the meeting back to order at 10:40:49.
40
41 Chairman King read a Sign-In card from another person who opposes but does not wish to speak:
42
43 John Underwood, 1407 Whispering Dell Court, Southlake, Texas.
44
Planning and Zoning Commission Meeting Minutes on May 03, 2001 9
I Chairman Kings asked the audience if there was anyone else who wished to speak. He then asked
2 the Applicant if there were any comments from them and also asked if they would answer the
3 previous questions that were presented by Rhonda Hight.
4
5 Bill Dohlstrom, attorney representing the applicant: asked the Commission for a continuance due
6 to the absence of two Commissioners.
7
8 Vice Chairman Boutte responded by saying that three of the Commissioner's terms are up after this
9 meeting and may not be present at the next. He said that continuing this hearing and voting on this
10 item would be more disruptive with new Commissioners who haven't attended the last two
11 meetings.
12
13 Commissioner Horne added that there was no guarantee that all of the Commissioners would attend
14 the next meeting and he felt that the Commission should continue and vote during this meeting.
15
16 Mr. Dohlstrom responded by saying that the Commission was obligated to table this issue due to the
17 absence of the two Commissioners who were active in asking questions.
18
19 Commissioner Muller added that this item would go before the City Council and require a super
20 majority vote regardless of what happens at this Planning and Zoning Commission meeting.
21
22 Commissioner King addressed the Commission to respond with a motion to table this item. The
23 Commission did not respond with a motion.
24
25 The public hearing continued with response from the Applicant to questions from the audience and
26 the Commission.
27
28 Commissioner Muller brought up the question about drainage and the underground water issue.
29
30 Ocie Vest responded by saying that he didn't feel there were any problems but assured that if
31 problems arose they would take care of them.
32
33 Commissioner Muller brought up the question about the plan for a traffic study.
34
35 Ken Baker responded by saying that a TIA was not required, however, staff did run a trip study.
36
37 Commissioner Horne brought up the question about the emergency access road.
38
39 Ken Baker stated that the road was a 20' access and said that it ran along the Applicant's property.
40
41 Commissioner Muller asked when the new elementary school was going to be opening.
42
43 Ken Baker responded saying Dove and White Chapel is scheduled to open in 2004.
44
Planning and Zoning Commission Meeting Minutes on May 03, 2001 10
I Commissioner Muller asked Ken Baker, if we approve this PUD do we leave the door open to the
2 Council to approve or disapprove. She asked if the Council could make changes.
3
4 Ken Baker said yes, she was correct.
5
6 Commissioner Muller continued to discuss the zoning issue and also answered the question
7 regarding the trail/park by confirming that the homeowner's association would be responsible for
8 maintaining that area.
9
10 Chairman King closed the Public Hearing
11
12 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 10:53:02)
13
14 Commissioner Terrell said that he felt that David McMahan was an excellent developer and highly
15 respected his work, however, he believed that it was the intent that these lots be one house per one
16 acre north of Hwy. 114. He stated that he saw this plan as a two development split.
17
18 Commissioner Horne stated, "SF 1-A"
19
20 Vice Chairman Boutte said that clearly this appears to be two developments and one is medium
21 density.
22
23 Commissioner Horne commented on the appearance of the neighborhood. He said he didn't like the
24 thought of seeing stockade fences along Carroll Avenue.
25
26 Commissioner Terrell commented on the interpretation of the Land Use Plan and asked for some
27 clarity.
28
29 Commissioner Horne felt that the developers knew their intent and the Commission left a loop hole
30 in the Land Use Plan.
31
32 Commissioner Terrell asked Bruce Payne about the process of updating the Land Use Plan and
33 making appropriate specifications.
34
35 Bruce Payne agreed that specifications need to be made.
36
37 Chairman King stated that he liked the development plan, however, on balance in regard to the
38 people who spoke and the history of the Land Use Plan, he would not vote in favor of this item.
39
40 Motion was made to deny ZA01-027.
41
42 Motion: Terrell
43 Second: Horne
44 Ayes: Horne, Terrell, Boutte, Muller, King
Planning and Zoning Commission Meeting Minutes on May 03, 2001 11
I Nays: None
2 Vote: 5-0 (to deny)
3 Motion carried.
4
5 (Planning and Zoning Commission meeting, 05-03-01, CD 1, 11:05)
6
7 AGENDA ITEM #9. MEETING ADJOURNMENT:
8 Chairman King adjourned the meeting at 11:05:27 on May 3, 2001.
9
10
^
11 / Y-z
13
14 Dennis King
15 Chairman
16
17
18 ATTEST:
19
20
23 Lorrie Herrick
24 Administrative Secretary
25
26 NACommunity Development\WP-FILES\MTG\MI OOI\05-03-O1.DOC
27
28
29
Planning and Zoning Commission Meeting Minutes on May 03, 2001 12