2001-06-07 P&Z Meeting
REGULAR PLANNING & ZONING COMMISSION MEETING June 7, 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 May 17,
2001.
3. Administrative Comments.
4. Election of a Chairman and a Vice-Chairman.
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: ZA01-015 FINAL PLAT OF CLARIDEN RANCH, PHASE II on property legally
described as a portion of Tract 113, R.D. Price Survey, Abstract No. 992D, and being
23.518 acres. Location: On the west side of North White Chapel Boulevard
approximately 80' south of Bob Jones Road. Current Zoning: "SF-IA" Single
Family Residential District. SPIN Neighborhood # 1.
PLANNING AND ZONING COMMISSION AGENDA
JUNE 7, 2001
PAGE2
REGULAR AGENDA:
5. Consider: ZA01-025, SITE PLAN FOR PANDA EXPRESS, on property legally described
as Lot 2, Block 1, Kimball 1709 Addition, and being 0.6559 acres. Location: On
the east side of North Kimball Avenue approximately 400' north of East
Southlake Blvd (FM1709), and approximately 150' south of State Hwy. 114.
Current Zoning: "C-3" General Commercial District. SPIN Neighborhood # 6.
Public Hearing.
TABLED DUE TO INCOMPLETE SUBMISSION OF REQUIRED
MATERIALS TO THE JUNE 21, 2001, PLANNING AND ZONING
COMMISSION MEETING.
6. Consider: ZA01-040, REZONING AND CONCEPT PLAN FOR SIENA, on property
legally described as Tracts 6, 6C4, 6E, and 6F 1 A in the J. Allen Survey, Abstract
No. 18 and being 28.363 acres. Location: On the north side of Union Church
Road approximately 800' west of Davis Blvd. Current Zoning: "AG"
Agricultural and "SF-IA" Single Family Residential District. Requested Zoning:
"SF-20A" Single Family Residential District. SPIN Neighborhood # 15.
Public Hearing.
7. Consider: ZA01-041, PLAT REVISION FOR THE LAKES ON DOVE, on property legally
described as Lot 2, Block I of Emerald Estates South. Location: On the north side
of East Dove Street approximately 15' east of North Carroll Avenue. Current
Zoning: "SF-IA" Single Family Residential District. SPIN Neighborhood # 3.
Public Hearing.
8. Consider: ZA01-043, PLAT REVISION FOR LOT 16R, BLOCK 39, CRESCENT
ROYALE, on property legally described as Lots 16 and 17, Block 39, Timarron
Addition Crescent Royale. Location: 609/611 Regency Crossing on the east side
of Regency Crossing and proximately 225' west of Kensington Court. Current
Zoning: "R-PUD" Residential Planned Unit Development. SPIN Neighborhood #
9w.
Public Hearing.
9. Consider: Meeting Adjournment.
PLANNING AND ZONING COMMISSION AGENDA
JUNE 7, 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 Friday, June 1, 2001, at 6:00 p.m., pursuant to the Texas
Government Code, Chapter 551.
of: V
Sandra L. LeGrand m
City Secretary : c
If you plan to attend this public meetings a haXR,lsability 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 June 7, 2001
4
5 COMMISSIONERS PRESENT: Chairman Jim Murphy; Vice-Chairman John Terrell; and
6 Commissioners, Bret Boren, Darrell Faglie, Jim Jones, Pamela Muller, and Vernon Stansell.
7
8 COMMISSIONERS ABSENT: None.
9
10 CITY STAFF PRESENT: Bruce Payne, Director of Planning; Ken Baker, Senior Planner; Charlie
11 Thomas, City Engineer; and Lorrie Herrick, Administrative Secretary.
12
13 Commissioner Muller called the meeting to order at 6:33 p.m.
14
15 AGENDA ITEM #1, ELECTION OF CHAIRMAN AND VICE-CHAIRMAN:
16
17 Commissioner Muller called for nominations for a new Chairperson. She also thanked the previous
18 Commissioners and welcomed the new ones.
19
20 Commissioner Faglie nominated Commissioner Murphy for Chairman.
21
22 Commissioner Terrell seconded the nomination.
23
24 Commissioner Muller called for any discussion. There was no discussion.
25
26 Motion: Faglie
27 Second: Terrell
28 Ayes: Faglie, Stansell, Terrell, Boren, Jones, Murphy, Muller
29 Nays: None
30 Approved: 7-0
31 Motion carried.
32
33 Chairman Murphy thanked the Commission for his appointment and proceeded with the meeting.
34
35 Chairman Murphy called for nominations for a Vice-Chairman.
36
37 Commissioner Stansell nominated Commissioner Terrell for Vice-Chairman.
38
39 Commissioner Faglie seconded the nomination.
40
41 Chairman Murphy opened the floor for discussion. There was no discussion.
42
43 Motion: Stansell
44 Second: Faglie
Planning and Zoning Commission Meeting Minutes on June 7, 2001 1
I Ayes: Stansell, Terrell, Boren, Muller, Jones, Faglie, Murphy
2 Nays: None
3 Approved: 7-0
4 Motion carried.
5
6
7 AGENDA ITEM #2, APPROVAL OF MINUTES:
8 Chairman Murphy opened discussion of the minutes of the Planning and Zoning Commission
9 meeting held on May 17, 2001.
10
11 Motion was made to approve the minutes of the Planning and Zoning Commission meeting held
12 on May 17, 2001, as presented.
13
14 Motion: Muller
15 Second: Terrell
16 Ayes: Terrell, Muller, Jones, Stansell
17 Nays: None
18 Abstain: Boren, Faglie, Murphy
19 Approved: 4-0-3
20 Motion carried.
21
22
23 (Planning and Zoning Commission meeting, 06-07-01, CD 1, 6:38:03)
24
25 AGENDA ITEM #3, ADMINISTRATIVE COMMENTS:
26
27 Bruce Payne stated new 2000 Census results involving the City of Southlake and introduced Ken
28 Baker for a brief presentation.
29
30 Ken Baker presented the latest 2000 Census data to the Commission.
31
32 AGENDA ITEM #4, CONSENT AGENDA, ZA01-015, FINAL PLAT OF CLARIDEN RANCH,
33 PHASE II:
34
35 Motion was made to approve ZA01-015 subject to Plat Review Summary No. 3, dated June 1, 2001.
36
37 Motion: Stansell
38 Second: Muller
39 Ayes: Boren, Muller, Jones Faglie, Stansell, Terrell, Murphy
40 Nays: None
41 Approved: 7-0
42 Motion carried.
43
44 (Planning and Zoning Commission meeting, 06-07-01, CD 1, 6:42:17)
Planning and Zoning Commission Meeting Minutes on June 7, 2001 2
I AGENDA ITEM #5, ZA01-025, SITE PLAN FOR PANDA EXPRESS:
2 Motion was made to table ZA01-025 due to incomplete submission of required materials from the
3 Applicant. Item to be heard at the next Planning and Zoning Commission meeting, June 21, 2001.
4
5 Motion: Muller
6 Second: Stansell
7 Ayes: Muller, Jones, Faglie, Stansell, Terrell, Boren, Murphy
8 Nays: None
9 Approved: 7-0
10 Motion to table carried.
11
12 (Planning and Zoning Commission meeting, 06-07-01, CD 1, 6:43:11)
13
14
15 AGENDA ITEM #6, ZA01-040, REZONING AND CONCEPT PLAN FOR SIENA:
16 Senior Planner Ken Baker presented this item to the Commission for a Rezoning and Concept Plan
17 for Siena on property legally described as Tracts 6, 6C4, 6E, and 6FIA in the J. Allen Survey,
18 Abstract No. 18 and being 28.363 acres. The location of this property is on the north side of Union
19 Church Road, approximately 800' west of Davis Boulevard. The current zoning is "AG"
20 Agricultural and "SF-IA" Single Family Residential. The requested zoning is "SF-20A" Single
21 Family Residential District. SPIN Neighborhood # 15. The Owners of the property are Joyce Owens
22 and Richard Reutlinger. The Applicant is Paramount Land Development. Nineteen written notices
23 were sent to property owners within the 200' notification area, and three responses were received
24 in favor.
25
26 Mr. Baker added that Staff had made one transportation recommendation to the Applicant to provide
27 a street stub to Michael Drive due to the Low Density Residential and the Mixed Use designation
28 along Davis Boulevard. This was to provide additional access at such point if the area along Michael
29 Drive was ever redeveloped.
30
31 "SOME PORTIONS OF THESE MINUTES HAVE BEEN AFFECTED BY THE LACK OF
32 RECORDING FROM MICROPHONES SET BEFORE VICE-CHAIRMAN TERRELL AND
33 COMMISSIONER STANSELL.
34
35 Kenneth Mitchell, (Paramount Land Development) presented this item to the Commission.
36
37 Mr. Mitchell addressed the Staff's recommendation for the stub road to Michael Drive. He hoped
38 that the road could be developed for emergency access only. He commented on the adjacent
39 industrial area and the possibility of increased dust and tractor-trailer traffic. His concern was for
40 maintaining the dignity of this project.
41
42 Commissioner Muller asked about Mr. Mortazavi's property and why it wasn't a part of this plan.
43
44 Mr. Mitchell responded that Mr. Mortazavi was planning on developing his land in the future for his
Planning and Zoning Commission Meeting Minutes on June 7, 2001 3
I children.
2
3 Commissioner Muller questioned the Land Use Plan and the minimum requirement for lots adjacent
4 to "SF-IA" being 30,000 sq. ft.
5
6 Mr. Mitchell stated that only lots adjacent to "SF-IA" zoned areas must be 30,000 sq. ft.
7
8 Vice-Chairman Terrell pointed out that Lots 18-20 needed to be adjusted.
9
10 Mr. Mitchell agreed to make the appropriate adjustments.
11
12 Chairman Murphy opened the Public Hearing.
13
14 (Planning and Zoning Commission meeting, 06-07-01, CD 1, 7:18:29)
15
16 Chairman Murphy called Jack Wiesman forward to speak.
17
18 Jack Wiesman, 2607 W. Southlake Boulevard, Southlake, Texas: stated his concern was for the
19 southern portion of his property where it abuts the northern part of the proposed development. There
20 is a heavily wooded area in existence, which he would like to see remain. He asked for additional
21 live trees placed as a buffer zone in lieu of a fence. He was also speaking on behalf of his neighbor
22 Mr. Haney.
23
24 Commissioner Muller stated her concern for the incoming homeowner's intentions and their right
25 to remove the trees.
26
27 Mr. Mitchell suggested placing a deed restriction in the covenants.
28
29 Commissioner Jones suggested that the trees be planted on Mr. Weisman's property.
30
31 Mr. Weisman said that there is a ditch there and that planting trees on his property would be difficult.
32
33 Commissioner Muller stated that the deed restriction would be under the Home Owner's Association
34 and the City would have no control over regulation.
35
36 Chairman Murphy asked about the fence and stated that both the fence and the trees could come into
37 place along this property.
38
39 Bob Couch, 2535 Union Church Road, Southlake, Texas: asked how the sewer and water were going
40 to get to this development.
41
42 Mr. Mitchell showed the proposed sewer and water lines and their location in relation to Mr.
43 Couch's property. Mr. Mitchell also addressed the drainage issue.
44
Planning and Zoning Commission Meeting Minutes on June 7, 2001 4
I Mr. Couch stated that he was also concerned about Union Church Road.
2
3 Ken Baker stated that the Union Church Road project was in the C.I.P. for funding next year.
4
5 Chairman Murphy closed the Public Hearing.
6
7 (Planning and Zoning Commission meeting, 06-07-01, CD 1, 7:35)
8
9 Chairman Murphy opened the floor for discussion, specifically the issue of the street stub
10 recommended by Staff.
11
12 Commissioner Muller stated she liked the idea of that street being used for emergency vehicle access
13 only.
14
15 Commissioner Muller also addressed the Land Use Plan and the 30,000 sq. ft. lots in regard to the
16 zoning request for "SF-20A". She added her concern for Union Church Road and the impact of the
17 additional traffic. She pointed out this would be significant change in this area.
18
19 Commissioner Jones brought up the Chesapeake Subdivision and the designation of those lots being
20 Low Density according to the Land Use Plan, however, approval for "SF-20A" was granted.
21
22 Chairman Murphy confirmed Mr. Weisman and Mrs. Haney's support of this project.
23
24 Commissioner Stansell stipulated Lots 18, 19, and 20 must meet the City's requirements for lots
25 adjacent to "SF-IA".
26
27 Commissioner Jones asked the Applicant to discuss the plans for the stub road.
28
29 Mr. Mitchell stated that they would develop the road for emergency access only, installing a locked
30 gate entrance for the residents and emergency vehicles. He also stated that the existing industrial
31 area was highly unlikely to ever be redeveloped into residential.
32
33 Chairman Murphy stated that the Applicant had previously mentioned their willingness to provide
34 a 25' easement in case of future development and a need for that road to go through to Michael
35 Road.
36
37 Mr. Mitchell confirmed that action would be taken.
38
39 Chairman Murphy asked Mr. Mortazavi how big his property was and requested him to come up and
40 speak.
41
42 Joseph Mortazavi, 2651 Union Church Road, Southlake, Texas: stated that he had 3.7 acres. He
43 discussed the sewer system and his future plan to build houses for his children.
44
Planning and Zoning Commission Meeting Minutes on June 7, 2001 5
I Commissioner Stansell asked the Applicant to confirm the plan for the stub road; stating that the 24'
2 drive to the edge of the property would be used for emergency access only and that a 25' easement
3 (from the center line) would be provided.
4
5 Mr. Mitchell agreed.
6
7 Commissioner Faglie commented on the placement of the easement and stated his disagreement with
8 making the stub into something that could be developed into future thoroughfare. He said he would
9 like to see that left as an emergency access.
10
11 Commissioner Boren commented on the common space issue.
12
13 Mr. Mitchell addressed the open space and his discussion with the Parks Department.
14
15 Commissioner Stansell addressed the tree buffer issue.
16
17 Commissioner Jones made a point of reference to the deed restriction issue and the City's inability
18 to control the regulations set by the Home Owner's Association.
19
20 Motion was made to approve ZA01-040 subject to Concept Plan Review Summary No. 3, dated
21 June 01, 2001, with the following stipulations: 1) Lots 18, 19, and 20 shall meet requirements for
22 lots adjacent to platted "SF-IA" property (min. 30,000 sf lot area, 125' lot width). 2) Live tree
23 buffer will be planted along Lots 1-3, adjacent to the property owned by Mr. Weisman (shown
24 on Attachment E, Page 1) and the deed restrictions for the subdivision will reflect that this buffer
25 will be maintained in perpetuity. 3) In lieu of providing a street stub to Michael Drive (east
26 boundary), the applicant will install a 24' emergency access easement driveway with a locked
27 gate with an approved emergency access entry system.
28
29 * Note from Commissioner Muller prior to her vote: She felt this was a significant change in the
30 Land Use Plan, however, she didn't see any objection by the surrounding home owners.
31 Considering the density of the City of Keller property to the south and the past decisions by City of
32 Southlake's Council allowing for higher density to the west, that there will be a school in two parts
33 here for these residents and she personally sees with the change of things that this probably will in
34 the future be reflected on the Land Use Plan as Medium Density.
35
36 Motion: Stansell
37 Second: Jones
38 Ayes: Jones, Faglie, Stansell, Terrell, Boren, Muller, Murphy
39 Nays: None
40 Approved: 7-0
41 Motion carried.
42
43 (Planning and Zoning Commission meeting, 06-07-01, CD 1, 8:08:20)
44
Planning and Zoning Commission Meeting Minutes on June 7, 2001 6
I AGENDA ITEM #7, ZA01-041, PLAT REVISION FOR THE LAKES ON DOVE:
2 Senior Planner Ken Baker presented this item to the Commission for a Plat Revision for
3 The Lakes on Dove, on property legally described as Lot 2, Block 1 of Emerald Estates South. The
4 property is located on the north side of East Dove Street approximately 15' east of North Carroll
5 Avenue. The current zoning is "SF-IA" Single Family Residential Unit District. SPIN
6 Neighborhood # 3. The Owner of the property is N.E. Estates, LTD. The Applicant is Art Clayton.
7
8 Mr. Art Clayton presented this item to the Commission and reviewed the requested variance.
9
10 Chairman Murphy addressed the amended Plat Review Summary, which was handed out prior to
11 this meeting, and asked the Applicant if he had seen it and agreed with it.
12
13 Mr. Clayton said that he agreed and restated his variance request for a dedication of 41' in lieu of
14 42'.
15
16 Chairman Murphy opened the Public Hearing.
17
18 (Planning and Zoning Commission meeting, 06-07-01, CD 1, 8:13:52)
19
20 No one in the audience came forward to speak.
21
22 Chairman Murphy closed the Public Hearing.
23
24 (Planning and Zoning Commission meeting, 06-07-01, CD 1, 8:13:59)
25
26 Motion was made to approve ZA01-041 subject to the Revised Plat Review Summary No. 3, dated
27 June 7, 2001, stipulating the requested variance.
28
29 Motion: Stansell
30 Second: Terrell
31 Ayes: Jones, Faglie, Stansell, Terrell, Boren, Muller, Murphy
32 Nays: None
33 Approved: 7-0
34 Motion carried.
35
36 (Planning and Zoning Commission meeting, 06-07-01, CD 1, 8:15:11)
37
38
39 AGENDA ITEM #8, ZA01-043, PLAT REVISION FOR LOT 16R, BLOCK 39, CRESCENT
40 ROYALE:
41 Senior Planner Ken Baker presented this item to the Commission for a Plat Revision for Lot 16R,
42 Block 39, Crescent Royale, on property legally described as Lots 16 and 17, Block 39, Timarron
43 Addition Crescent Royale. The property is located at 609/611 Regency Crossing on the east side of
44 Regency Crossing and approximately 225' west of Kensington Court. The current zoning is "R-
Planning and Zoning Commission Meeting Minutes on June 7, 2001 7
I PUD" Residential Planned Unit Development. SPIN Neighborhood # 9w. The Owner of the
2 property is Westerra Timarron. The Applicant is Carter & Burgess. Thirty written notices were sent
3 to property owners within the 200' notification area, and four responses were received being in
4 favor.
5
6 Kacy Flemmons, (Carter & Burgess) presented this item to the Commission and requested no
7 variances.
8
9 Chairman Murphy opened the Public Hearing.
10
11 (Planning and Zoning Commission meeting, 06-07-01, CD 1, 8:17:29)
12
13 No one in the audience came forward to speak.
14
15 Chairman Murphy closed the Public Hearing.
16
17 (Planning and Zoning Commission meeting, 06-07-01, CD 1, 8:17:45)
18
19 Motion was made to approve ZA01-043 subject to Plat Review Summary No. 2, dated June 1, 2001.
20
21 Motion: Muller
22 Second: Jones
23 Ayes: Faglie, Stansell, Terrell, Boren, Muller, Jones, Murphy
24 Nays: None
25 Approved: 7-0
26 Motion carried.
27
28 (Planning and Zoning Commission meeting, 06-07-01, CD 1, 8:18:36)
29
30 AGENDA ITEM #9, MEETING ADJOURNMENT:
31 Chairman Murphy adjourned the meeting at 8:20 p.m. on June 7, 2001.
32
33
34 ~JA
37 Chai an Jim Mu y
38 ATTEST:
39
40
43 Lorrie Herrick
44 Administrative Secretary
45
46 NACommunity Development\WP-FILES\MTG\MIN\2001\06-07-O1.DOC
Planning and Zoning Commission Meeting Minutes on June 7, 2001 8