2001-06-14 P&Z Meeting
JOINT CITY COUNCIL AND
PLANNING AND ZONING COMMISSION MEETING: JUNE 14, 2001
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town 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. Administrative Comments
REGULAR AGENDA:
3. Consider: ZA01-056, Site Plan for Verizon Wireless on property legally described as a
portion of Tract 1F, T. Martin Survey, Abstract No. 1134, being approximately
25.0 acres. Location: On the northeast corner of State Highway 114 and Dove
Road. Current Zoning: "NR-PUD" Non-residential Planned Unit Development
District. SPIN Neighborhood #2.
PUBLIC HEARING.
4. Consider: ZA01-058, Preliminary Plat for Lots 1 and 2, Block 1, Verizon Addition, on
property legally described as Tracts IF and 1C2, T. Martin Survey, Abstract No.
1134, being 50.12 acres. Location: On the northeast corner of State Highway 114
and Dove Road. Current Zoning: "NR-PUD" Non-residential Planned Unit
Development District. SPIN Neighborhood #2.
PUBLIC HEARING.
5. Consider: ZA01-059, Final Plat for Lot 1 Verizon Addition on property legally described
as a portion of Tract IF, T. Martin Survey, Abstract No. 1134, being
approximately 25.0 acres. Location: On the northeast corner of State Highway
114 and Dove Road. Current Zoning: "NR-PUD" Non-residential Planned Unit
Development District. SPIN Neighborhood #2.
PUBLIC HEARING.
Joint City Council and Planning & Zoning Commission Meeting Agenda
June 14, 2001
Page 2 of 2
6. Consider: Meeting Adjournment.
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 8, 2001, at 6:00 p.m., pursuant to the Texas
Government Code, Chapter 551.
OF SO(/
•
•rn:
Sandra L. LeGrand - =
City Secretary
-CO
If you plan to attend this public me~tZjg,gjja Ke 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 JOINT CITY COUNCIL AND
2 PLANNING AND ZONING COMMISSION MEETING
3 June 14, 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 COUNCIL MEMBERS PRESENT: Mayor Rick Stacy, Mayor Pro-Tem Patsy DuPre, and
11 Council members; Rex Potter, Greg Standerfer, Keith Shankland, Ralph Evans, and Tom Stephen.
12
13 CITY COUNCIL MEMBERS ABSENT: None
14
15 CITY STAFF PRESENT: Bruce Payne, Director of Planning; Dennis Killough, Senior Planner;
16 Charlie Thomas, City Engineer; Angela Turner, Graduate Engineer; Greg Last, Director of Economic
17 Development; Sandra LaGrande, City Secretary; and Lorrie Herrick, Administrative Secretary.
18
19 Mayor Stacy called the meeting to order at 6:33 p.m.
20
21 There was no Executive Session held.
22
23 AGENDA ITEM #2, ADMINISTRATIVE COMMENTS:
24
25 Mayor Stacy stated this meeting would proceed in the following order:
26
27 ■ Items #3 and #4 would be considered first with a joint public hearing.
28 ■ Planning and Zoning Commission would deliberate and vote on Items #3 and #4.
29 ■ The Commission would then consider Item #5, hold a public hearing on that item, and vote.
30 ■ City Council would then reconvene and discuss the Commission's recommendations
31 ■ City Council would vote on Items #3 and #4.
32 ■ City Council would hold a public hearing for Item #5, followed by a vote on that item.
33
34
35 AGENDA ITEM #3, ZA01-056, SITE PLAN FOR VERIZON WIRELESS:
36 Senior Planner Dennis Killough presented this item to the City Council and Commission for a Site
37 Plan for Verizon Wireless on property legally described as a portion of Tract IF, T. Martin Survey,
38 Abstract No. 1134, being approximately 25.0 acres. This property is located on the northeast corner
39 of State Highway 114 and Dove Road. The Current Zoning is "NR-PUD" Non-residential Planned
40 Unit Development District. SPIN Neighborhood #2. The Owner is Maguire Thomas Properties. The
41 Applicant is Verizon Wireless. Seven written notices were sent to property owners within 200'
42 notification area and six (6) responses were received being opposed. A Petition of Opposition was
Joint City Council and Planning & Zoning Commission 1
Meeting Minutes on June 14, 2001
I also received bearing thirty-two (32) signatures.
2
3 Mr. Killough stated the Applicant had requested a variance with regard to building articulation. Also,
4 staff has recommended that two southbound lanes be added to Kirkwood Boulevard, extending from
5 Dove Street to the Verizon driveway intersecting Kirkwood and that a transition be provided north
6 intersecting the existing Kirkwood Boulevard street section. And, according to City Ordinance
7 requirements, a 10' multi-use trail is required along State Highway 114... staff recommends that the
8 Applicant escrow funds for the cost of construction and engineering for this trail rather than
9 constructing it at this time.
10
11 Ken Unger (Manager, Verizon Wireless) presented this item to the Commission and reviewed the
12 requested variance and staff recommendations. He asked to be waivered from the Kirkwood road
13 construction and also the 10' trail along State Highway 114.
14
15 (Joint City Council and Planning & Zoning Commission meeting, 06-14-01, CD 1, 7:23:28)
16
17 Clarification was made that the road construction recommendation on Kirkwood was from the point
18 where TXDOT stops just short of Verizon's driveway... measuring approximately 100'.
19
20 Mayor Stacy informed the Applicant that if they wanted their driveway on Kirkwood, they would be
21 obligated to participate in the cost of that road construction.
22
23 Commissioner Jones asked the Applicant to explain his opposition with the sidewalk
24 recommendation.
25
26 Bruce Payne explained the staff's position for the trail recommendation, stating that the trail
27 requirement comes from the Master Trail Plan.
28
29 Mr. Unger agreed to participate in paying for the construction of the 10' trail along State Highway
30 114 if it becomes needed in the future.
31
32 Mayor Stacy addressed a previously discussed issue regarding trees along Dove Road. He asked the
33 Applicant if he would be willing to provide those trees.
34
35 Mr. Unger agreed to provide the trees.
36
37 Due to inclement weather the building temporarily lost power ...Mayor Stacy called for a break.
38
39 (Joint City Council and Planning & Zoning Commission meeting, 06-14-01, CD 1, 7:58:26)
40
41 Mayor Stacy called the meeting back to order (8:11).
42 Council member DuPre asked Bruce Payne to review the zoning of this area.
Joint City Council and Planning & Zoning Commission 2
Meeting Minutes on June 14, 2001
I Bruce Payne explained that this public hearing is for the site plan only; it's not about the use of the
2 property. The uses were approved back in 1995 when the "NR-PUD" Non-residential Planned Use
3 Development was adopted for this property as well as other adjacent properties. The uses and the
4 zoning districts incorporated in this "NR-PUD" Non-residential Planned Use Development include
5 "C-3" uses, "CS" Community Services, Office-1, Office-2 uses, and Hotel District uses. All of those
6 are lumped into this PUD and already approved. What this is, is a design issue only. This is the shape
7 and the positioning of the building, where the parking lots are, landscaping, traffic
8 ingress/egress ...those issues alone. This is not an application for a particular use. The use they have
9 asked for, which is offices and storage, is permitted in this "NR-PUD" Non-residential Planned Use
10 Development.
11
12 The following people filled out registration cards in opposition of this item but did not wish to speak:
13
14 Steve White, 415 Marshall Road, Southlake, Texas 76092
15 Vanessa White, 415 Marshall Road, Southlake, Texas 76092
16 Joanna DuPont, 2810 Linden Lane, Southlake, Texas 76092
17 Sean McGuire, 443 Marshall Road, Southlake, Texas 76092
18
19 Mayor Stacy opened the Public Hearing
20
21 (Joint City Council and Planning & Zoning Commission meeting, 06-14-01, CD 1, 8:15:35)
22
23 Michael Carnahan, 400 Marshall Road, Southlake, Texas stated that he had great concern for the
24 timing of this meeting and is opposed to the "fast track" procedure this item. He is opposed to this
25 project and felt it was a done deal before this meeting. He requested that the item be presented under
26 normal circumstances with two separate meetings.
27
28 Mitch Whatley, 2802 Linden Lane, Southlake, Texas stated that Verizon should have taken more time
29 to cultivate a relationship with the neighborhood and that the notice he and his neighbors received
30 was too short. He requested more time to review the case.
31
32 John Lanza, 405 Marshall Road, Southlake, Texas said he was also speaking on behalf of his wife,
33 Rosalina. He stated he had been in the telecomm business for twenty years. In his experience,
34 telecommunication control centers were not built next to residential areas and also tend to move
35 around a lot. He said that the noise and lighting would be very disruptive to the residents in
36 Kirkwood Hollow.
37
38 Marie Villani, 451 Marshall Road, Southlake, Texas stated her concern for her children and the
39 neighborhood children. She felt that the 80' microwave tower posed health risks and that the noise
40 and lighting would adversely effect their community.
41
42 Kathryn Meisl, 406 Marshall Road, Southlake, Texas stated she did not see this Verizon facility as a
Joint City Council and Planning & Zoning Commission 3
Meeting Minutes on June 14, 2001
I corporate campus but a control center that will have 1,000 employees working 7 days a week, 24
2 hours a day, in a residential area. She asked if this facility would set a precedent for future
3 operational facilities in Southlake.
4
5 *Temporarily lost power and audio (8:30:46)
6
7 *Regained power and audio (8:33:05)
8
9 Paul Hunt, 2814 Tyler Street, Southlake, Texas felt the proposed building looked like a prison. He
10 said this would be the third communications tower within a half-mile of Kirkwood Hollow. He
11 recited Section 30-1 of the City Ordinance and stated that the proposed tower violates the spirit of
12 the ordinance, suggesting that Verizon find a different location for their tower. He requested this
13 item be tabled.
14
15 Barbara Milhizer, 452 Marshall Road, Southlake, Texas addressed the traffic study that was done.
16 She said the study based its analysis on 880 Verizon employees at build out, the newspaper reports
17 1,000 employees, leaving a discrepancy of 12%, which seriously impact the numbers in the analysis.
18 The study also implicates a spoken agreement was made with area residents; since there seems to be
19 an overwhelming opposition in the neighborhood, she doubts there was an agreement. She also
20 addressed the additional traffic that will occur when Sabre opens. She felt the omissions in this study
21 warrant future research.
22
23 Sam Silver, 450 Marshall Road, Southlake, Texas asked the City Council and Planning and Zoning
24 Commission to consider the economic impact from this type facility. He stated he feels the property
25 values will drop. He asked, "Is Verizon the best use for this property, will they attract businesses or
26 just the opposite?" He commented that the west side of the building has no windows, and he
27 commented on the tower. He stated it is the microwave tower that he is objecting to, along with no
28 windows on the west side of the building.
29
30 Bill Vaughn, 401 Marshall Road, Southlake, Texas stated he is the closest resident to the new
31 proposed facility. He referenced that they only had eight days notice of this project. The residents
32 do not want Verizon in their neighborhood. This is a highly specialized facility and when they go
33 under, the building will just sit there. The residents do not like the way it looks. He asked the City
34 Council to reconsider the pride they feel in bringing Verizon to our community. He also stated he
35 feels the traffic study is bogus!
36
37 Mark DuPont, 2810 Linden Lane, Southlake stated he feels that if the facility is being built as the
38 pictures in Southlake In Review show, no one would object. He spoke about the elevations of the
39 property and the tower and feels Southlake would be looking at a very large structure. He
40 commented on the safety concerns without any fencing around the detention ponds and around the
41 a/c mechanical equipment. They feel the City officials are more concerned with Verizon than they
42 are for the rest of the residents in the area.
Joint City Council and Planning & Zoning Commission 4
Meeting Minutes on June 14, 2001
I Eric Milhizar, 452 Marshall, Southlake stated he worked for Verizon and in that year, they moved
2 their major corporate headquarters three times. He questioned the City Council giving them a tax
3 abatement when they may or may not even be here. He stated the City Council is talking a big risk
4 with a wireless company.
5
6 Nancy Carnahan, 400 Marshall Road, Southlake questioned the zoning ordinance (Ordinance No.
7 480) and the fact that a Specific Use Permit (SUP) is not needed for the microwave tower. She said if
8 Council does not give Verizon a tax abatement, they won't come here.
9
10 James Jones, 2811 Taylor Street, Southlake stated he does not live on the property at this time but
11 will be moving there shortly. He expressed opposition to this use.
12
13 Fred Raynar, 2807 Tyler Street, Southlake commented on the noise levels and the blending of this
14 property with the residential neighbors and the Southlake spirit. The building looks like a prison.
15 He stated he does not feel Southlake will be in keeping with their standards. He commented on
16 traffic issues. He stated as a businessperson, sometimes you have to walk away from short-term
17 gains for long-term prosperity.
18
19 Mr. Duffy stated this is a contentious issue, and it needs more time for consideration. He stated he
20 feels the City is compromising by letting a microwave tower into the neighborhood and that the
21 developer has not thought it through in relation to the two other tracts of land.
22
23 Director of Economic Development Greg Last commented on other available sites and non-
24 residential adjacencies.
25
26 Les Meisl, 406 Marshall Road, Southlake stated the City Council members are elected officials and
27 the people elected them. Verizon on the other hand is a business. He is very disappointed and asked
28 that Council please give the tax payers the same considerations as they are giving to Verizon. He
29 asked for more time, noting that the residents have not had time to formulate their questions.
30
31 Jeff Wang, 595 South Kimball Avenue, Southlake stated this is better for the residents than the
32 schools that were approved across the street from his house. He commented that this is the third fast-
33 track project in Southlake. He expressed concerns about the road, stating if Southlake does not ask
34 Verizon to build the roads, how can we ask Aventerra to build their roads? He commented on
35 impact fees.
36
37 Lisa Nichols, 912 Chimney Hill Trail, Southlake stated she appreciates the fact that the residents got
38 an eight-day notice of this project and not a day notice. She stated she is in favor of Verizon, and
39 that this use will not invite crime in Southlake. She expressed that it would be nice to get a job in
40 Southlake that is not a restaurant or retail. She feels this traffic would not be as bad as with other
41 uses. Southlake offers enough amenities. She asked Verizon to be patient with the residents.
42
Joint City Council and Planning & Zoning Commission 5
Meeting Minutes on June 14, 2001
I Kenneth Horne, 1215 Ashmore Court, Southlake indicated he is in favor of this project [with
2 reservations] but had to leave before he could speak.
3
4 John Dumbleton, 2804 Linden Lane, Southlake stated he feels that the looks of the building does not
5 blend in with a residential setting. He expressed concerns with the appearance of the tower and the
6 building.
7
8 Mayor Stacy closed the public hearing.
9
10 Councilmember Rex Potter commented on the fact that some residents feel that Council has been
11 keeping this project from them. He wants them to know that the City Council has not been looking
12 at this project for eight or nine months. The City Council has not even seen a picture of the project,
13 and this is the first public hearing.
14
15 Mr. Unger stated they want to be in a neighborhood where they get along with their neighbors. They
16 would not be investing in a facility such as this if them planned to move away and leave it. He stated
17 they have two other knocks. He stated the microwave tower is a requirement of the facility. This is
18 a critical facility. The company would not operate the facility if it was unsafe or caused cancer.
19 Everything electronic sends off some form of radiation. This tower would not send off as much as
20 equipment from the average home. The towers do not put off that type of RF.
21
22
23 AGENDA ITEM #4, ZA01-058, PRELIMINARY PLAT FOR LOTS 1 AND 2, BLOCK 1,
24 VERIZON ADDITION:
25 Senior Planner Dennis Killough presented this item to the City Council and Commission for a
26 Preliminary Plat for Lots 1 and 2, Block 1, Verizon Addition on property legally described as Tracts
27 1 F and 1 C2, T. Martin Survey, Abstract No. 1134, Being 50.12 acres. The property is located on the
28 northeast corner of State Highway 114 and Dove Road. The Current Zoning is "NR-PUD" Non-
29 residential Planned Unit Development District. SPIN Neighborhood #2. The Owner is Maguire
30 Thomas Properties. The Applicant is Verizon Wireless. Nine (9) written notices were sent to
31 property owners within the 200' notification area and no responses were received.
32
33 Mayor Stacy opened the public hearing.
34
35 Bill Vaughn, 401 Marshall Road, Southlake asked that this item be denied because the property
36 would be under two ownerships and this would cause the City to have to forgo options with regard to
37 access of roadway into the second tract. Mr. Vaughn stated it is his understanding from the SPIN
38 meeting that TxDOT only referenced the second tract in their refusal to have the frontage road from
39 the second tract of land.
40
41 Tom Allen, Manager Maguire Partners stated SH 114 has been discussed as an on-ramp and not an
42 access road. There will be no frontage roads. The second road to the north will be accessed off of
Joint City Council and Planning & Zoning Commission 6
Meeting Minutes on June 14, 2001
I Kirkwood Lane.
2
3 Mayor Stacy closed the public hearing.
4
5 The City Council adjourned to the back room at 12:30 a.m. At this time P & Z will act on
6 Agenda Items #3, #4, and #5 on their agenda.
7
8 Chairman Murphy called the meeting to order at 12:33.
9
10 The Commission discussed: the 10' easement, which the Applicant agrees to escrow funds;
11 Kirkwood Boulevard, which the Applicant agrees to contribute to the construction; the articulation of
12 the building; and the landscaping.
13
14 Bill Vaughn, 401 Marshall Road, Southlake stated his opposition.
15
16 Motion was made to approve ZA01-056 subject to Site Plan Review Summary No. 2, dated June 8,
17 2001, deleting variance request no. 1, subject to staff recommendations 2, 3, and 4, requiring the
18 Applicant to plant trees at the southeast corner of the tract, plant landscape diamonds in the north
19 parking lot, and complete Dove to Kirkwood beyond their entry, seeking future reimbursement from
20 the City. Further requiring the Applicant to meet with residents regarding the use of recessed brick,
21 fake windows, and austin stone, regarding the architecture and location of the tower, and planting
22 trees along the drive to Kirkwood.
23
24 Motion: Stansell
25 Second: Terrell
26 Ayes: Stansell, Terrell, Boren, Muller, Jones, Faglie, Murphy
27 Nays: None
28 Approved: 7-0
29 Motion carried.
30
31 The Commission discussed the Preliminary Plat.
32
33 Motion was made to approve ZA01-058 subject to Plat Review Summary No. 2, dated June 8, 2001,
34 requiring the Applicant to provide easements.
35
36 Motion: Stansell
37 Second: Faglie
38 Ayes: Terrell, Boren, Muller, Jones, Faglie, Stansell, Murphy
39 Nays: None
40 Approved: 7-0
41 Motion carried.
42
Joint City Council and Planning & Zoning Commission 7
Meeting Minutes on June 14, 2001
I AGENDA ITEM #5, ZA01-059, FINAL PLAT FOR LOT 1 VERIZON ADDITION:
2 Senior Planner Dennis Killough presented this item to the City Council and Commission for a Final
3 Plat for Lot 1 Verizon Addition on property legally described as a portion of Tract IF, T. Martin
4 Survey, Abstract No. 1134, being approximately 25.0 acres. This property is located on the northeast
5 corner of State Highway 114 and Dove Road. The Current Zoning is "NR-PUD" Non-residential
6 Planned Unit Development District. SPIN Neighborhood #2. The Owner is Maguire Thomas
7 Properties. The Applicant is Verizon Wireless.
8
9 Chairman Murphy opened the public hearing
10 (Joint City Council and Planning & Zoning Commission meeting, 06-14-01, CD 1, 1:20:43)
11
12 No one in the audience came forward to speak.
13
14 Chairman Murphy closed the public hearing
15 (Joint City Council and Planning & Zoning Commission meeting, 06-14-01, CD 1, 1:21:07)
16
17 Motion was made to approve ZA01-059 subject to Plat Review SummaryNo. 2, dated June 8, 2001,
18 providing the Final Plat is consistent with the Preliminary Plat.
19
20 Motion: Stansell
21 Second: Jones
22 Ayes: Boren, Muller, Jones, Faglie, Stansell, Terrell, Murphy
23 Nays: None
24 Approved: 7-0
25 Motion carried.
26
27
28 AGENDA ITEM #6, MEETING ADJOURNMENT:
29 Chairman Murphy adjourned the meeting at 1:22:10 a.m. on June 15, 2001.
30
31
32 `
35 hairm Jim Murphy
36 ATTEST:
37
38 4"
48 6__
41 Lorrie Herrick
42 Administrative Secretary
43
44 NACommunityDevelopment\WP-FILES\MTGIMM001\06-14-0 LDOC
Joint City Council and Planning & Zoning Commission 8
Meeting Minutes on June 14, 2001