2001-10-18 P&Z Meeting
REGULAR PLANNING & ZONING COMMISSION MEETING October 18, 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 October 4,
2001.
3. Administrative Comments.
REGULAR AGENDA:
4. Consider: ZA01-092, REZONING AND CONCEPT PLAN FOR KIMBALL PARK
ADDITION, being 3.267 acres located at southwest corner of E. Highland Street
and N. Kimball Avenue. Current Zoning: "AG" Agricultural District. Requested
Zoning: "MF-1" Two-Family Residential District. SPIN Neighborhood # 6.
PUBLIC HEARING
5. Consider: ZA01-093, ZONING CHANGE FOR KIMBALL PARK ADDITION, being 2.315
acres located on the south side of E. Highland Street, approximately 250' west of
N. Kimball Avenue. Current Zoning: "AG" Agricultural District. Requested
Zoning: "SF-IA" Single Family Residential District. SPIN Neighborhood # 6.
PUBLIC HEARING
PLANNING AND ZONING COMMISSION AGENDA
October 18, 2001
PAGE2
6. Consider: ZA01-094, PRELIMINARY PLAT FOR KIMBALL PARK ADDITION, being
5.582 acres located on the southwest corner of E. Highland Street and N. Kimball
Avenue. Current Zoning: "AG" Agricultural District. Proposed Zoning: "MF-1"
Two-Family Residential District and "SF-IA" Single Family Residential District.
SPIN Neighborhood # 6.
PUBLIC HEARING
7. Consider: ZA01-101, PRELIMINARY PLAT FOR SITYAM-HARI ESTATES, being
10.016 acres located at 930 E. Dove Street, on the north side of E. Dove Street
qpproximately 177.22' east of Victoria Lane. Current Zoning: "SF-lA" Single
Family Residential District. SPIN Neighborhood # 3.
PUBLIC HEARING
8. Consider: ZA01-108, REZONING AT 2411 FLORENCE ROAD, being 3.26 acres located
on the south side of Florence Road approximately 1000' west of Randol Mill
Avenue. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-
IA" Single Family Residential District. SPIN Neighborhood # 15
PUBLIC HEARING
9. Consider: ZA01-112 REZONING AT 1207 and 1209 TIMBER COURT IN
CONTINENTAL PARK ESTATES, being approximately 5.5. Current Zoning:
"SF-20B" Single Family Residential District. Requested Zoning: "SF-1A" Single
Family Residential District. SPIN Neighborhood # 16.
PUBLIC HEARING
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall,
1400 Main Street, Southlake, Texas, on Fri~,yyOGtRber 12, 2001, at 6:00 p.m., pursuant to the
Texas Government Code, Chapter 551. ,.~`'o31V
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cn
u
Sandra 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 481-1519, and reasonable accommodations will
be made to assist you.
I REGULAR PLANNING AND ZONING
2 COMMISSION MEETING
3 October 18, 2001
4
5 COMMISSIONERS PRESENT: Chairman Jim Murphy; Vice-Chairman John Terrell; and
6 Commissioners, Vernon Stansell, Bret Boren, Pamela Muller, Jim Jones, and Darrell Faglie.
7
8 COMMISSIONERS ABSENT: None
9
10 CITY STAFF PRESENT: Bruce Payne, Director of Planning; Dennis Killough, Senior Planner;
11 Angela Turner, Graduate Engineer: and Lorrie Herrick, Administrative Secretary.
12
13 Chairman Murphy called the me( m
14 Q f
15 Chairman Murphy called for ar elf l ~.m.
16 -~jj *
17 Chairman Murphy called the, S 9 P.M.
18
19
20 AGENDA ITEM # 2. APPROVAL OF MIN u
21 Chairman Murphy opened discussion of the minutes of the Planning and Zoning Commission
22 meeting held on October 4, 2001.
23
24
25 Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on
26 October 4, 2001, as presented.
27
28 Motion: Stansell
29 Second: Terrell
30 Ayes: Stansell, Terrell, Boren, Faglie, Murphy
31 Nays: None
32 Abstain: Muller, Jones
33 Approved: 5-0-2
34 Motion carried.
35
36
37 AGENDA ITEM # 3 ADMINISTRATIVE COMMENTS:
38
39 Bruce Payne stated due to the Thanksgiving holiday, the November 8, 2001 Planning and Zoning
40 Commission meeting would be the only meeting scheduled in November this year unless the
41 Commission felt the need for an additional meeting.
42
43
Planning and Zoning Commission Meeting Minutes on October 18, 2001 1
I AGENDA ITEM # 4, ZA01-092, REZONING AND CONCEPT PLAN FOR KIMBALL PARK
2 ADDITION:
3 Senior Planner Dennis Killough presented this item to the Commission for a Rezoning and Concept
4 Plan for Kimball Park Addition, being 3.267 acres located at the southwest corner of E. Highland
5 Street and N. Kimball Avenue. The Current Zoning is "AG" Agricultural District. The Requested
6 Zoning is "MF-1" Two-Family Residential District. SPIN Neighborhood # 6. The Owner is Schon
7 M. McManus. The Applicant is Four Peaks Development. Eleven (11) notices were sent to
8 surrounding property owners within the 200' notification area and Two (2) responses were received
9 being in favor. Sixteen (16) responses were received from property owners outside the 200'
10 notification area being opposed. A petition of opposition bearing 128 signatures was also received.
11
12 David McMahan, (Four Peaks Development), presented this item to the Commission.
13
14 There were no variances requested with this item.
15
16 Mr. McMahan stated they were in compliance with the staff review; he addressed the concerns of the
17 SPIN meeting; he discussed the Land Use Plan and Zoning categories; and he addressed the concern
18 for this development setting a precedent.
19
20 Chairman Murphy opened the public hearing
21 (Planning and Zoning Commission meeting, 10-18-01, CD 1, 7:19:56)
22
23 Chairman Murphy read the following names off of the registration cards of those who did not wish
24 to speak:
25
26 Faith Ferguson and Patrick Douglas, 2160 E. Highland St., Southlake TX 76092 in support
27 Jere Francis, 1211 Ashmoore Ct., Southlake, TX 76092 opposed
28 Tamara McMillan, 1023 Mission Drive, Southlake, TX 76092 opposed
29 Paulette Bonchak, 1820 Hunters Creek, Southlake, TX 76092 opposed
30 Bob Bonchak, 1820 Hunters Creek, Southlake, TX 76092 opposed, "Does not comport with existing
31 Land Use Plan."
32 Carolyn Morris, 403 St. Charles Court, Southlake, TX 76092 opposed
33 Janice Francis, 1211 Ashmoore Court, Southlake, TX 76092 opposed
34 Carolyn Ogburn, 1245 Stanhope Court, Southlake, TX 76092 opposed
35 Tom Ogburn, 1245 Stanhope Court, Southlake, TX 76092 opposed
36 Dana Fidler, 912 Turnberry Lane, Southlake, TX 76092 opposed, "Setting a precedent..."
37 Mark Fidler, 912 Turnberry Lane, Southlake, TX 76092 opposed, "Setting a precedent for MF-1 "
38 Tim Miller, 2509 Rolling Lane, Southlake, TX 76092 opposed
39
40 Sue Johnson, 308 Lakeside Court, Southlake, TX stated she was not opposed to the concept,
41 however, she would like to see site plan zoning. She said the "MF-1" zoning would make it difficult
42 to regulate the outcome. She asked about deed restrictions.
43
Planning and Zoning Commission Meeting Minutes on October 18, 2001 2
I Mrs. L.R. Pierce, 2130 E. Highland, Southlake, TX spoke in favor of this item stating that it would
2 be a good development for senior citizens who didn't want to leave Southlake.
3
4 Douglas Patrick, 2160 E. Highland, Southlake, TX stated he would like to see this development
5 because it would improve the appearance of the neighborhood.
6
7 Chairman Murphy closed the public hearing
8 (Planning and Zoning Commission meeting, 10-18-01, CD 1, 7:26:24)
9
10 Chairman Murphy called for discussion from the Commissioners.
11
12 Kenneth Horne, 1215 Ashmoore Ct., Southlake, TX 76092 opposed (wished to speak, however,
13 arrived after the public hearing had been closed).
14
15
16 Motion was made to deny ZA01-092.
17
18 Motion: Boren
19 Second: Terrell
20 Ayes: Terrell, Boren, Muller, Jones, Stansell, Murphy
21 Nays: Faglie
22 Approved to deny: 6-1
23 Motion to deny carried.
24
25
26 AGENDA ITEM # 5, ZA01-093, ZONING CHANGE FOR KIMBALL PARK ADDITION:
27 Senior Planner Dennis Killough presented this item to the Commission for a Zoning Change for
28 Kimball Park Addition, being 2.315 acres located on the south side of E. Highland Street,
29 approximately 250' west of N. Kimball Avenue. The Current Zoning is "AG" Agricultural District.
30 The Requested Zoning is "SF-IA" Single Family Residential District. SPIN Neighborhood # 6. The
31 Owner is Schon M. McManus. The Applicant is Four Peaks Development. Eleven (11) notices were
32 sent to surrounding property owners within the 200' notification area and Two (2) responses were
33 received being in favor.
34
35 David McMahan, (Four Peaks Development), presented this item to the Commission
36
37 Chairman Murphy opened the public hearing
38 (Planning and Zoning Commission meeting, 10-18-01, CD 1, 7:48:52)
39
40 Tim Miller, 2509 Rolling Lane, Southlake, TX asked for clarification of the "buffer" between the
41 proposed residential and the proposed Aventerra. He stated his concern for the rezoning of this piece
42 in the future due to the possible hardship of marketing high dollar houses on this property.
43 Chairman Murphy closed the public hearing
Planning and Zoning Commission Meeting Minutes on October 18, 2001 3
I (Planning and Zoning Commission meeting, 10-18-01, CD 1, 7:51:48)
2
3 Chairman Murphy called for discussion from the Commissioners.
4
5
6 Motion was made to approve ZA01-093.
7
8 Motion: Terrell
9 Second: Stansell
10 Ayes: Boren, Muller, Jones, Faglie, Stansell, Terrell, Murphy
11 Nays: None
12 Approved: 7-0
13 Motion carried.
14
15
16 AGENDA ITEM # 6 ZA01-094, PRELIMINARY PLAT FOR KIMBALL PARK ADDITION:
17 Senior Planner Dennis Killough presented this item to the Commission for a Preliminary Plat for
18 Kimball Park Addition, being 5.582 acres located on the southwest corner of E. Highland Street and
19 N. Kimball Avenue. The Current Zoning is "AG" Agricultural District. The Proposed Zoning is
20 "MF-1" Two-Family Residential District and "SF-IA" Single Family Residential District. SPIN
21 Neighborhood # 6. The Owner is Schon M. McManus. The Applicant is Four Peaks Development.
22 Fourteen (14) notices were sent to surrounding property owners within the 200' notification area and
23 Six (6) responses were received being in favor.
24
25 David McMahan, (Four Peaks Development), presented this item to the Commission.
26
27 Chairman Murphy opened the public hearing
28 (Planning and Zoning Commission meeting, 10-18-01, CD 1, 7:56:09)
29
30 No one in the audience came forward to speak.
31
32 Chairman Murphy closed the public hearing
33 (Planning and Zoning Commission meeting, 10-18-01, CD 1, 7:56:20)
34
35 Chairman Murphy called for discussion from the Commissioners.
36
37
38 Motion was made to deny ZA01-094.
39
40 Motion: Stansell
41 Second: Terrell
42 Ayes: Muller, Jones, Faglie, Stansell, Terrell, Boren, Murphy
43 Nays: None
Planning and Zoning Commission Meeting Minutes on October 18, 2001 4
I Approved to deny: 7-0
2 Motion to deny carried.
3
4
5 AGENDA ITEM # 7, ZA01-101, PRELIMINARY PLAT FOR SITYAM-HARI ESTATES:
6 Senior Planner Dennis Killough presented this item to the Commission for a Preliminary Plat for
7 Shyam-Hari Estates, being 10.016 acres located at 930 E. Dove Street, on the north side of E. Dove
8 Street, approximately 177.22' east of Victoria Lane. The Current Zoning is "SF-IA" Single Family
9 Residential District. SPIN Neighborhood # 3. The Owner is Jay Sabhaya. The Applicant is Adams
10 Consulting Engineers, Inc. Eighteen (18) notices were sent to surrounding property owners within
11 the 200' notification area and One (1) response was received being in favor. Two (2) letters of
12 opposition to the name were received during this Planning and Zoning Commission meeting.
13
14 Pat Wolfe, (Adams Engineering), presented this item to the Commission.
15
16 Chairman Murphy opened the public hearing
17 (Planning and Zoning Commission meeting, 10-18-01, CD 1, 8:02:49)
18
19 Chairman Murphy read the registration card from the following who did not wish to speak:
20
21 Debra Bastian, 805 Victoria Lane, Southlake, TX 76092 opposed, "We just want the name changed
22 to fit the area."
23
24 Kathryn Schmitz, 603 Dene Court, Southlake, TX commented on the SPIN meeting and stated that
25 the majority of the residents attending did not like the name of this project.
26
27 Steve Oren, 702 Harty Court, Southlake, TX stated he was opposed to the name of this development
28 and felt it would affect property values in the future.
29
30 Chairman Murphy closed the public hearing
31 (Planning and Zoning Commission meeting, 10-18-01, CD 1, 8:07:53)
32
33 Chairman Murphy called for discussion from the Commissioners.
34
35 Commissioner Muller stated "The Applicant has the right to name the development as he sees fit
36 and if this is all we can come up with, we are one very blessed community."
37
38
39 Motion was made to approve ZA01-101, subject to Plat Review SummaryNo. 3, dated October 12,
40 2001.
41
42 Motion: Stansell
43 Second: Terrell
Planning and Zoning Commission Meeting Minutes on October 18, 2001 5
I Ayes: Jones, Faglie, Stansell, Terrell, Boren, Muller, Murphy
2 Nays: None
3 Approved: 7-0
4 Motion carried.
5
6
7 AGENDA ITEM # 8, ZA01-108, REZONING AT 2411 FLORENCE ROAD:
8 Senior Planner Dennis Killough presented this item to the Commission for a Rezoning at 2411
9 Florence Road, being 3.26 acres located on the south side of Florence Road, approximately 1000'
10 west of Randol Mill Avenue. The Current Zoning is "AG" Agricultural District. The Requested
11 Zoning is "SF-1A" Single Family Residential District. SPIN Neighborhood # 15. The
12 Owners/Applicants are Mitch and Janet Wolfe. Nine (9) notices were sent to surrounding property
13 owners within the 200' notification area and One (1) response was received being undecided.
14
15 Mitch Wolfe, Owner, presented this item to the Commission.
16
17 Chairman Murphy opened the public hearing
18 (Planning and Zoning Commission meeting, 10-18-01, CD 1, 8:12:29)
19
20 Morris Gill, 2402 Hillside Court, Southlake, TX discussed drainage concern and the flooding of his
21 property.
22
23 Chairman Murphy read the registration card from the person who opposed but did not wish to speak:
24
25 Sue Gill, 2402 Hillside Court, Southlake, TX opposed, "Changes made in the terrain of this property
26 have already resulted in drainage problems for us; i.e., water and red dirt through ours and neighbors
27 yards, and the build-up of dirt continues."
28
29 Mr. Wolfe explained his activity and plans to work with his neighbors and the City to ensure proper
30 drainage.
31
32 Chairman Murphy closed the public hearing
33 (Planning and Zoning Commission meeting, 10-18-01, CD 1, 8:27:42)
34
35 Chairman Murphy called for discussion from the Commissioners.
36
37 Motion was made to approve ZA01-108.
38
39 Motion: Stansell
40 Second: Terrell
41 Ayes: Faglie, Stansell, Terrell, Boren, Muller, Jones, Murphy
42 Nays: None
43 Approved: 7-0
Planning and Zoning Commission Meeting Minutes on October 18, 2001 6
I Motion carried.
2
3
4 AGENDA ITEM # 9, ZA01-112, REZONING AT 1207 AND 1209 TIMBER COURT IN
5 CONTINENTAL PARK ESTATES:
6 Senior Planner Dennis Killough presented this item to the Commission for a Rezoning at 1207 and
7 1209 Timber Court in Continental Park Estates, being approximately 5.5 acres. The Current Zoning
8 is "SF-20B" Single Family Residential District. The Requested Zoning is "SF-IA" Single Family
9 Residential District. SPIN Neighborhood # 16. The Owners/Applicants are Pat & Beth Nolen and
10 Robert & Irene Castro. Nine (9) notices were sent to surrounding property owners within the 200'
11 notification area and no responses were received.
12
13 Beth Nolen, 1207 Timber Court, Co-Owner, presented this item to the Commission.
14
15 Mrs. Nolen cited the covenants from the original property deed where it stated horses were allowed
16 on her property. She did not know the zoning had changed in 1989 to "SF-20B" which prohibits
17 horses. She stated that her property was 3 %2 acres and the Castro's was 2 %2 acres.
18
19 Larry Samartin, 1211 Timber Court, Southlake, TX gave the Commission some history of the
20 zoning and this area. He suggested that the subdivision be zoned back to "SF-IA" without cost to
21 the residents.
22
23 Lucille Nolen, 2012 Hickory Hollow Lane, Keller, TX asked about Southlake's regulations on
24 distance where the horses are kept in relation to the neighboring property.
25
26 Chairman Murphy opened the public hearing
27 (Planning and Zoning Commission meeting, 10-18-01, CD 1, 8:45:06)
28
29 Bonnie Miller, 1209 Timber Court (is in process of buying this property from the Castros) stated her
30 closing date for buying this property is October 31, 2001 and the zoning of this property affects the
31 sale.
32
33 Larry Samartin, 1211 Timber Court, Southlake, TX stated he was fine with this zoning change as
34 long as there were appropriate limitations on the number of horses allowed.
35
36 Chairman Murphy closed the public hearing
37 (Planning and Zoning Commission meeting, 10-18-01, CD 1, 8:52:27)
38
39 Chairman Murphy called for discussion from the Commissioners.
40
41
42 Motion was made to approve ZA01-112.
43 Motion: Stansell
Planning and Zoning Commission Meeting Minutes on October 18, 2001 7
I Second: Muller
2 Ayes: Stansell, Terrell, Boren, Muller, Jones, Faglie, Murphy
3 Nays: None
4 Approved: 7-0
5 Motion carried.
6
7 The Commission recommends the City take a look at "SF-1A" zoning for the remainder of the
8 qualifying properties within Continental Park Estates.
9
10
11 AGENDA ITEM # 10, MEETING ADJOURNMENT:
12 Chairman Murphy adjourned the meeting at 8:57:36 p.m. on October 18, 2001.
13
14
15
16
17
18 ~
21 Chai an Jim Murphy
22
23 ATTEST:
24
25
26
27
m o-`
30 Lorrie Herrick
31 Administrative Secretary
32
33 NACommunityDevelopmentMPTU-ES\MMMM001\1048-0 1.DOC
Planning and Zoning Commission Meeting Minutes on October 18, 2001 8