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REGULAR PLANNING AND ZONING
COMMISSION MEETING
February 4, 1999
COMMISSION PRESENT: Chairman Ann Creighton; and Commissioners Rob Jones, F. C.
LeVrier, C. D. Peebles, Mike Sandlin, and Keith Shankland.
COMMISSION ABSENT: Vice-Chairman James Murphy.
CITY STAFF PRESENT: Debra Drayovitch, City Attorney; Karen Gandy, Zoning Administrator;
Ben Henry, Park Planning and Construction Superintendent; Dennis Killough, Senior Current
Planner; Stefanie Sarakaitis, Comprehensive Planner; Charlie Thomas, Deputy Director of Public
Works; and Loft Farwell, Community Development Secretary.
The Work Session started at 6:40 p.m. and ended at 6:56 p.m. The Commission discussed the items
on the agenda.
There was no Executive Session held.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #389)
The meeting was called to order by Chairman Creighton at 7:07 p.m.
Commissioner Jones was not present for the beginning of the meeting.
AGENDA ITEM #2. APPROVAL OF MINUTES:
Chairman Creighton opened discussion of the minutes of the January 14, 1999, Planning and Zoning
Commission continuation meeting and the January 21, 1999, Planning and Zoning Commission
meeting.
Motion was made to approve the January 14, 1999, Planning and Zoning Commission continuation
meeting minutes, as presented, and the January 21, 1999, Planning and Zoning Commission meeting
minutes, as presented.
Motion:
Second:
Ayes:
Nays:
Abstain:
Approved:
Sandlin
Shankland
Sandlin, LeVrier, Peebles, Shankland, Creighton
None
LeVrier, Shankland (on January 14, 1999, minutes only)
3-0-2 (on January 14, 1999, minutes) and 5-0 (on January 21, 1999, minutes)
Motion carried.
Planning and Zoning Commission Meeting Minutes on February 4, 1999 Page 1 of 23
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(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #412)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
Comprehensive Planner Stefanie Sarakaitis informed the Commission of the Revised Submittal
Schedule. She said staff is going to implement a pre-submittal process for all applications. The
Commission's meeting nights will not be affected by this change, but the reviews that come forward
to the Commission will only have variance requests on them and will be much cleaner. Staff will
revise the Zoning Ordinance and the Subdivision Ordinance to reflect these changes which will
appear on the next P&Z meeting agenda.
Chairman Creighton asked if there is a P&Z meeting scheduled for the week of Spring Break.
Senior Current Planner Dennis Killough said yes, but ifa quorum will not be present, there will not
be a meeting that week. Commissioner Sandlin and Chairman Creighton both said they will not be
available during that week.
AGENDA ITEM g4. AMENDMENTS TO LANDSCAPE ORDINANCE NO. 744;
Motion was made at the applicant's request to table Amendments to Landscape Ordinance No. 544
and to continue the Public Hearing to the February 18, 1999, Planning and Zoning Commission
meeting.
Motion: LeVrier
Second: Sandlin
Ayes: LeVrier, Peebles, Shankland, Sandlin, Creighton
Nays: None
Approved: $-0
Motion carried.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #0518)
The applicant for Agenda Item #12, ZA 98-118, and Agenda Item #13, ZA 98-119, asked to table
those items to February 18, 1999.
AGENDA ITEM #12. ZA 98-118. REZONING AND DEVELOPMENT PLAN
CHESAPEAKE PLACE. AND
AGENDA ITEM #13. ZA 98-119. PRELIMINARY PLAT FOR CHESAPEAKE PLACE:
Motion was made to deny the applicant's request to table ZA 98-118 and ZA 98-119.
FOR
Motion: Peebles
Second: Shankland
Commissioner Peebles said the reason he moved to deny the table request is this item has been on
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their agenda for several meetings and the last time it appeared on an agenda, the applicant assured
City staff that it would not be tabled again and it was. They have had a problem with back-logged
items and this item has been on several agendas taking up 120 minutes every time. When this item
was heard back in November, several Commissioners expressed their concem to the applicant
regarding the density which is still at 1.67 dwelling units per acre.
Ayes: Peebles, Shankland, Creighton
Nays: Sandlin, LeVrier
Approved: 3-2
Motion carried.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #0609)
AGENDA ITEM #5. ZA 98-149. REZON1NG AND SITE PLAN FOR BARTON HOUSE
UNCOMMON CARE. INC.:
Current Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is
for a Zoning Change on property legally described as Tract 6D situated in the Thomas M. Hood
Survey, Abstract No. 706, and being approximately 3.046 acres. A Site Plan for Barton House
Uncommon Care, Inc., will be considered with this request. The property is located on the west side
of North White Chapel Boulevard approximately 240' south of Countryside Court. The Current
Zoning is "AG" Agricultural District. The Requested Zoning is "S-P-l" Detailed Site Plan District
with "O-1" Office District uses including a personal care facility for Alzheimer's patients. The Land
Use Category is Office Commercial. The Owner and Applicant is Uncommon Care, Inc., dba Barton
House. Ten (10) written notices were sent to property owners within the 200' notification area, and
one (1) response was received which was undecided.
Chairman Creighton expressed her gratitude for the applicant's willingness to provide the
Commission with the information they asked for at the last meeting.
Bob Bouchard (Uncommon Care, Inc.) 2600 Lake Austin Boulevard, Austin, Texas, presented this
item to the Commission. He said the most significant variance they are asking for is room size, and
he hopes the information he provided to the Commission helps them with that issue. He said the
review shows 38 units and they are only asking for 37 units; there is only one student apartment.
Robert Montgomery, 3808 Big Horn Trail, Plano, Texas, is Project Manager for this project. He said
there is not an Alzheimer's facility available in the Keller, Trophy Club, Grapevine or Southlake
area. They chose Southlake because it is centrally located.
Commissioner Shankland asked Mr. Bouchard what the term, dementia, means. Mr. Bouchard said
it has many forms. It is basically the breakdown of communication between brain cells. Dementia
can be senile infarct or alcoholism, but Alzheimer's is the most common type of dementia.
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Commissioner Shankland said they mention other types of dementia related diseases in their
literature and questioned whether Barton House is strictly for Alzheimer's patients or would it
include other types as well. Mr. Bouchard said they concentrate almost exclusively on Alzheimer's
disease.
Commissioner Peebles said their zoning request is for "S-P-I" with "O-1" uses including a personal
care facility for Alzheimer's patients, not any other disease. He asked if there will be patients in this
facility who suffer from any form of dementia other than Alzheimer's. Mr. Bouchard said they
could make it exclusively Alzheimer's. Commissioner Peebles said that is what the zoning is and
that is what the Commission will stick to. Mr. Bouchard agreed.
Commissioner Sandlin asked if they have a problem with any staff comment other than Item # 1
which is pertaining to the room size. Mr. Bouchard said no.
Commissioner Peebles referred to the literature provided to the Commission saying that the only
information they received specifically regarding room sizes actually refers to smaller rooms than
what the applicant is proposing. He asked Mr. Bouchard why their rooms are larger. Mr. Bouchard
said the exact size is a moving target. He said most of the parameters for rooms are around 150 s.f.
to 200 s.f. and all of their rooms are around 200 s.f.
Commissioner Peebles said he thought the minutes from the last meeting reflected them as saying
270 s.f. to 280 s.f. Mr. Bouchard said the rooms are anywhere from around 190 s.f. to 208 s.f.
Commissioner Peebles referred to the literature which recommended 8 to 15 units per facility and
asked if Mr. Bouchard his opinion regarding number of rooms. Mr. Bouchard said the Alzheimer's
Association recommends 20 units; that is the number they arrived at nationally. Commissioner
Peebles asked if that is a maximum of 20 rooms, and Mr. Bouchard said yes.
Chairman Creighton asked Mr. Bouchard to clarify again what his room sizes will be, and he said
they will range in size from 185 s.f. to 215 s.f.
Commissioner Jones arrived at the meeting.
Commissioner shankland asked how many employees there would be at this facility. Mr. Bouchard
said there are about 25 employees per a facility of 20 units with approximately 20 employees being
full-time and 5 employees being part-time in rotating shifts.
Chairman Creighton asked them if they intend to comply with the articulation requirements, and Mr.
Bouchard said yes.
Commissioner Peebles said he does not have a problem with the room sizes since he was provided
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literature which explained that to him, but he does have a problem with the density. He asked the
applicant if he could see keeping the student apartment in Phase 1, but limiting the patient rooms to
16 in that phase. Mr. Bouchard said it is a matter of justifying the amount of money spent on these
buildings and the staffing ratios and the land costs. By building smaller buildings, he said they
would be creating an inefficient product. He said it is their understanding they are in compliance.
Mr. Killough said on their last floor plan submitted, he counted 38 units between the two buildings
and asked the applicant to clarify what he said earlier regarding 37 rooms. Mr. Bouchard said the
16 bed unit shows an apartment in front which is actually a conference room. Mr. Killough said that
would put them at 12.15 d.u. per acre.
Commissioner LeVrier asked them if they have anything that shows a unit count with the square
footage of each unit and how many of each unit they have. Mr. Bouchard said they do have that, but
he does not have it with him tonight.
Chairman Creighton opened the Public Hearing.
Chuck Valaitis, 505 Ravenaux Drive, Southlake, Texas, said he is the President of the Homeowner's
Association for Ravenaux Place. He said the previous President, John Larson, said he was never
notified about this zoning change and felt he should have been. He said most developments,
including Ravenaux Place, in Southlake have a brick wall frontage area along their street frontage
and asked the applicant to include something like that as part of his development. He asked them
to place a brick wall along White Chapel similar to a residential subdivision. He recommended a
masonry wall to be placed around the entire perimeter of the facility. He expressed his concern
about furore use of this facility in the event that Uncommon Care failed.
Commissioner Peebles asked why he wants masonry as opposed to wood fencing. Mr. Valaitis said
primarily for security reasons. Commissioner Peebles asked if wrought iron would also work for
him, and Mr. Valaitis said then there would be privacy issues. Commissioner Peebles asked if he
would rather have wrought iron or wood, and Mr. Valaitis said wood.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #1697)
Mr. Bouchard does not think their facility would even be that visible from the street because they
have a significant setback. There is approximately 100' setback for one building and approximately
200' for the other building, and the buildings look like big custom homes anyway. Most people drive
right by their facilities when they are looking for them because they do look so much like homes.
Security is his number one issue, too. They will never let their fence fall in disrepair or create an
opportunity for someone to get out of their yard because as an operator, that is the worst possible
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thing that could happen to him. They have used wrought iron fencing in the past where they back
up to woods and would love to use it along the side of this facility which backs up to pasture but his
guess is that particular neighbor would not like it.
Commissioner Sandlin said he is against masonry because he thinks it would look like a prison
compound. He suggested if they put up an 8' wood fence for them to use steel posts because they
last longer. Mr. Bouchard said they would agree to that.
Chairman Creighton asked staffifthe Commission would need to specify in their motion 12.15 d.u.
per acre since that is not the number shown on their plans. Mr. Killough said they would need to
specify that in their motion and said they might also state 37 total units including 1 apartment unit.
Commissioner LeVrier asked if approving these smaller room sizes would be setting a precedence
for any future application similar to this. City Attorney Debra Drayovitch said it would only be a
precedent for an identical situation, since the requested zoning is an "SP" district. She does not think
it would be a precedent for an assisted living situation.
Motion was made to approve ZA 98-149 subject to Site Plan Review Summary No. 2, dated January
29, 1999, accepting Item #1 (minimum unit floor areas) and not accepting Item #2 (maximum
number of housing units per acre), but allowing eighteen (18) living units and one (1) student
apartment in Phase 1 and sixteen (16) living units and one (1) conference room in Phase 2 and also
requiring steel posts on the perimeter fencing.
Motion: Peebles
Second: Sandlin
Commissioner Jones asked the applicant if this will hamstring him from being able to actually
building this facility. He also thanked the applicant for the information they provided to the
Commission.
Mr. Bouchard said it hamstrings them mostly from a design perspective. He said the State of Texas
has a break at the 17th unit in which the regulations for the building make it a much more expensive
to build.
Commissioner Sandlin said maybe they can go talk to the adjacent neighbors and see if they can
purchase a strip of land from them and then they could keep everything the same. Mr. Bouchard said
he tried that. He had a realtor looking for land for the last 2 weeks and the adjacent neighbors would
not sell anything. He said he could not build this facility with 18 units.
Commissioner Jones said for the applicant to point out to the City Council when he goes before them
that he gave up about a third of an acre for them to put a road on it; that was not of his choice, it was
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a requirement. Commissioner Jones said he understands that changed their numbers up some.
Chairman Creighton said she does not want to leave the applicant with the impression the
Commission is trying to place an onerous burden on kim. She thinks the intent of the motion is to
let that specific variance go to City Council and let City Council decide whether they want to grant
it.
Mr. Bouchard said what worries him is they are going forward with a recommendation which
basically cannot be done.
Commissioner Peebles said he did not make his motion the way he did simply because of the .15
dwelling units they are over. He made it because they are building an Alzheimer's facility; they are
asking the Commission to approve a room size of 200 s.f. when the City's ordinance requires 350
s.f. minimum although he understands why they are asking for that variance. The Alzheimer's
Association recommends a maximum of 20 units, and the Commission has literature before them
that recommends 8 to 15 units per facility. If they are going to build an Alzheimer's facility in
Southlake, he would like to see it scaled back some and would prefer them to have 16 units per
building.
Ayes: Shankland, Jones, Sandlin, LeVrier, Peebles, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #2353)
AGENDA ITEM #6. ZA 98-157. REZONING:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
Zoning Change on property legally described as being Tracts 1A1A2B and 1A1A2C situated in the
Ben J. Foster Survey, Abstract No. 519, and being approximately 4.279 acres. The property is
located on the northeast comer of the intersection of Randol Mill Avenue and Gifford Court. The
Current Zoning is "AG" Agricultural District. The Requested Zoning is "SF-1A" Single Family
Residential District. The Land Use Category is Low Density Residential. The Owners and
Applicants are Parvez and Seema Malik. Four (4) written notices were sent to property owners
within the 200' notification area, and no responses were received.
Parvez Malik presented this item to the Commission. He said he intends to build a single family
home of approximately 6,000 s.f.
Commissioner Peebles asked if it is his intention for all 4.279 acres to have one home on it. Mr.
Malik said they have platted it so they can have 3 acres for their house and 1 acre lel~ for later
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development.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
Motion was made to approve ZA 98-157.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
Jones
Jones, Sandlin, LeVrier, Peebles, Shanldand, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #2570)
AGENDA ITEM #7. ZA 98-164. PLAT REVISION FOR BOB JONES PARK ADDITION:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Plat
Revision of Bob Jones Park Addition being a revision of Blocks 12, 13, 14, 16, 17, 18, 19, 20, 21,
and 22; Lots 18 through 29 of Block 8; Lots 1 through 23 and Lots 30 through 52 of Block 9; Lots
1 through 23 and Lots 30 through 52 of Block 10; Lots 1 through 3 of Block 11; Lots 1 through 23
and Lots 27 through 52 of Block 15; and all adjacent internal right-of-ways of West Beach Addition,
an addition to the City of Southlake, Denton County, Texas, according to the plat recorded in
Volume 395, Page 537, Plat Records, Denton County, Texas, and including Tracts 10 and 11,
situated in the H. Mahaffey Survey, Abstract 916, and a portion of Tract 5, situated in the R. D. Price
Survey, Abstract No. 1003, for a total acreage of approximately 92.090 acres. The property is
located on the southeast comer of the intersection of North White Chapel Boulevard and Bob Jones
Road. The Current Zoning is "AG" Agricultural District. The Land Use Category is Public
Parks/Open Space and Low Density Residential. The Owners are City of Southlake and Marilyn
Tucker. The Applicant is City of Southlake. 19 written notices were sent to property owners within
the 200' notification area, and 3 responses were received in which 2 were in favor and 1 was
undecided.
Commissioner Jones asked why there are 12 items on the review if the City is the applicant.
Chairman Creighton opened the Public Hearing.
Marylyn Miles said she received a property owner notification which was addressed to 3336 Mud
Hen Road which is property she owns. She said she is also the person who appeared before City
Council and asked for the park to be named for her great grandfather, John Dalford "Bob" Jones.
She naturally supports all good things related to the park, but since childhood she has come across
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the property which is now the park property to get to her property. The reason the City addressed
her a Mud Hen Road is because Mud Hen Road is the closest used road to her property, and she has
traveled that property for over 50 years. Because they have driven so much down Mud Hen Road
and across Tract 5, which she sold to Marilyn Tucker, onto her property, it is very low and washed
out; you can tell where the road was. She said someone eventually put metal posts up so they could
no longer drive down it and eventually had to get to their property by horseback or walk. The usage
to her property has never been abandoned until the park came into play. When the park was
established, there were signs put up which said "No Trespassing." For 50 years, she has been using
the thoroughfare which went from White Chapel to Mud Hen Road and across Tract 5 to her
property. She asked the Commission to grant her the easement she has been using ail of these years
or a similar easement. She is willing to work with the Commission and do whatever she can do to
establish a right-of-way so she can still get to her property, and the park can still be the best it can
be.
Commissioner Sandlin asked if staff knows the plans for the park. Mr. Killough said there is an
approved Concept Plan for the park.
Commissioner Peebles asked if the Commission can pass this subject to her working with staff to
provide an easement to her property. Ms. Miles said that would be acceptable to her.
Commissioner Jones asked staff if that would be a problem passing this with it being subject to them
working on something rather than making a recommendation.
Ms. Miles said she would accept any easement as long as it does not go through a flood plain. She
said she is sure the Commission is aware of how much it costs to put in a 60' paved road, and she
would not want it placed in a flood plain where it could be washed out.
Commissioner Peebles asked if the Commission could pass this subject to the City providing her
access to her property.
Ms. Drayovitch said it is her understanding it is the City's position that access should be granted by
Ms. Tucker.
Ms. Miles said the part she has been coming through is the part the City purchased from Marilyn
Tucker; it is not on property Marilyn Tucker owns now. It is entirely between herself and the City
of Southlake.
Chairman Creighton said she was just informed the Commission would be going into Executive
Session pursuant to Section 551.071, Texas Government Code, to consult with the City Attorney
regarding matters posted on this agenda.
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The Executive Session began at 8:26 p.m. and ended at 8:40 p.m.
Chairman Creighton called the meeting back to order and asked if there was any action necessary
as a result of the Executive Session, and Ms. Drayovitch said no.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #2992)
Mr. Killough said the City would like to table this request to the next meeting.
Ms. Miles requested a copy of the transparency because it shows the actual land that is now a part
of the park and also shows the way she was coming from Mud Hen Road to her property. Ms. Miles
said she would be calling the P&Z Commission Secretary, Lori Farwell, with her phone number,
business phone number, and fax number so the City can contact her.
Commissioner Sandlin said the Commission would like her to meet with staff and work with them
a little on this. Ms. Miles said she is available 7 days a week, 24 hours a day, because she really
wants to work with the City.
Commissioner Peebles said the reason stafftabled this item is to work with her and no other reason.
Chairman Creighton left the Public Hearing open.
Motion was made at the applicant's request to table ZA 98-164 and to continue the Public Hearing
to the February 18, 1999, Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Sandlin
Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #3130)
AGENDA ITEM #8. ZA 99-001. REZONING:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
Zoning Change on property legally described as being Tracts 8Al 1 and 8Al 5 situated in the Thomas
M. Hood Survey, Abstract No. 706, and being approximately 4.878 acres. The property is located
on the south side of West Highland Street approximately 900' east of Shady Oaks Drive. The
Current Zoning is "AG" Agricultural District. The Requested Zoning is "SF-1A" Single Family
Residential District. The Land Use Category is Low Density Residential. The Owners and
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Applicants are Ray and Vicki Williamson. Ten (10) written notices were sent to property owners
within the 200' notification area, and no responses were received.
Ray Williarnson, 479 IK Highland, $outhlake, Texas, presented this item to the Commission.
Commissioner Peebles asked how many lots Mr. Williamson intends to plat, and Mr. Williamson
said one.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
Motion was made to approve ZA 99-001.
Motion:
Second:
Ayes:
Nays:
Approved:
Shankland
Peebles
LeVrier, Peebles, Shankland, Jones, Sandlin, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #3252)
Commissioner LeVrier abstained from Agenda Item #9, ZA 99-002, and Agenda Item #10, ZA 99-
003, due to living within the 200' notification area.
AGENDA ITEM #9. ZA 99-002. REZONING:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
Zoning Change on property legally described as being Tract lA2 situated in the Francis Throop
Survey, Abstract No. 1511, and being approximately 1.97 acres. The property is located on the
northwest comer of the intersection of Lonesome Dove Avenue and East Dove Road. The Current
Zoning is "O-1" Office District. The Requested Zoning is "SF-30" Single Family Residential
District. The Land Use Category is Medium Density Residential. The Owner and Applicant is V.
Patrick Gray Custom Homes, Inc. 11 written notices were sent to property owners within the 200'
notification area, and 4 responses were received with 1 being in favor and 3 being opposed.
Chairman Creighton asked why the Zoning Administrator waived the Concept Plan for this request.
Mr. Killough said there are no intemai streets being provided, and there are 2 lots proposed which
are shown on the plat which is the next case.
The Commission discussed this property being shown as Medium Density Residential on the Land
Use Plan versus the property to the south being shown as Low Density Residential. Chairman
Creighton said she recalls discussions during the Land Use Plan meetings regarding the properties
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along Dove Road and Carroll Avenue, and there was no exact science as to where certain types of
residential designations were being placed.
Commissioner Jones said he remembers the lots along this strip of Dove Road were not deep enough
to actually put one acre lots.
Chairman Creighton said there was not a discussion between people who felt very strongly that
certain properties should be Medium Density versus Low Density.
Commissioner Jones said he remembers a fairly long discussion at the time where Commissioner
LeVrier was not in favor of Medium Density, but no one could not figure out what to do with this
little strip of land because it would not fit into one acre lots. He also said the discussion centered
around who would want to put their one acre lot next to an office since this property is already zoned
for office use.
Patrick Gray, 2608 ~ Carroll Avenue, $outhlake, Texas, presented this item to the Commission.
It is his intention to build custom homes on these 3 lots including the lot he is not rezoning to the
north which is zoned "SF- 1A."
Commissioner Sandlin asked if the applicant is required to pay any money into escrow for
improvement of the roads. Mr. Killough said the City has impact fees only.
Chairman Creighton asked if the one comer lot will have access onto Dove Road. Mr. Gray said in
the staffreview, they ask for no access or no driveways onto Dove Road.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Heating.
Commissioner Peebles said this property already has "O-1" zoning on it, and Mr. Gray is asking to
build custom homes on it. He said Mr. Gray is not creating the smallest lots possible in "SF-30"
zoning, either, since he is asking for approximately 35,000 s.f. per lot. He said he does not have a
problem with this request.
Commissioner Jones said Mr. Gray is building what the Land Use Plan is asking him to do, and he
is actually doing a little better. He would rather have a house across the street from him than an
office.
Commissioner Peebles said if the "0-1" zoning was not there, he would probably press him for "SF-
lA."
Motion was made to approve ZA 99-002.
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Motion:
Second:
Ayes:
Nays:
Abstain:
Approved:
Jones
Shankland
Peebles, Shankland, Jones, Sandlin
Creighton
LeVrier
4-1-1
Motion carried.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #3771)
AGENDA ITEM #10. ZA 99-003. PLAT SHOWING FOR PROPOSED LOTS 9 THROUGH 11.
F. THROOP NO. 1511 ADDITION:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Plat
Showing of proposed Lots 10 through 12 (advertised as Lots 9 through 11) F. Throop No. 1511
Addition, on property legally described as being Tracts 2A 1 and 2B 1, situated in the N.E. Thompson
Survey, Abstract No. 1563, and Tract lA2, situated in the Francis Throop Survey, Abstract No. 1511,
and being approximately 3.08 acres. The property is located on the northwest comer of the
intersection of Lonesome Dove Avenue and East Dove Road. The Current Zoning is "SF-1A"
Single Family Residential District and "O-1" Office District. The Land Use Category is Medium
Density Residential and Low Density Residential. The Owner and Applicant is V. Patrick Gray
Custom Homes, Inc. 13 written notices were sent to property owners within the 200' notification
area, and 3 responses were received with 1 being in favor and 2 being opposed.
Patrick Gray, 2608 ~ Carroll Avenue, Southlake, Texas, presented this item to the Commission.
He said he will comply with all staff review comments.
Chairman Creighton opened the Public Heating. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
Motion was made to approve ZA 99-003 subject to Plat Review Summary No. 1, dated January 29,
1999.
Motion: Peebles
Second: Jones
Ayes: Shankland, Jones, Sandlin, Peebles, Creighton
Nays: None
Abstain: LeVrier
Approved: 5-0-1
Motion carried.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #3926)
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Chairman Creighton called for a break at 9:06 p.m.
Chairman Creighton called the meeting back to order at 9:19 p.m.
AGENDA ITEM #11. ZA 98-101. SITE PLAN FOR LOT 3. BLOCK 3. DIAMOND CIRCLE
ESTATES:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Site
Plan for Lot 3, Block 3, Diamond Circle Estates, on property legally described as being Lot 3, Block
3, Diamond Circle Estates, an addition to the City of Southlake, Tarrant County, Texas, according
to the plat recorded in Volume 388-177, Page 7, Plat Records, Tarrant County, Texas, and being
approximately 1.02 acres. The property is located at 316 East Southlake Boulevard (F.M. 1709) on
the northwest comer of the intersection of Diamond Boulevard and East Southlake Boulevard (F.M.
1709). The Current Zoning is "O-1" Office District. The Land Use Category is Office Commercial.
The Owner of the property is 2 Diamond Ltd. The Applicant is James A. Zimmerer. Twelve (12)
written notices were sent to property owners within the 200' notification area, and one (1) response
was received which was undecided.
Commissioner Peebles asked if there is still a basement. Mr. Killough said there is, but it has been
reduced to approximately 6,700 s.f.
Gary Yarbrough, 620 E. Southlake Boulevard Southlake, Texas, presented this item to the
Commission. He introduced Michael Wright, 700 E. Southlake Boulevard Southlake, Texas, who
is the architect on this project. Mr. Yarbrough said he will comply with all staff review comments.
Chairman Creighton said the Commission has previously seen an artist's rendering which was also
used in obtaining the approval of the adjacent neighborhood. She asked if the building still looks
the same and does it still satisfy the neighbors. Mr. Yarbrough said the building still looks the same
and as far as he knows it still satisfies the neighbors. He said as per City staff's recommendation,
they have provided enough parking for the cellar as if it would be fully finished office space. He
said they have gone overboard to not ask for any variances.
Commissioner Shankland asked if Mr. Zimmerer is still the applicant. Mr. Yarbrough said Mr.
Zimmerer is still with them and will be the contractor on the project. He said the land has changed
hands from 2 Diamond Ltd. to Southern Home Realty which is owned by Gloria Yarbrough.
Commissioner Peebles asked staff if the applicant finished out the basement would he have enough
parking spaces. Mr. Killough said they are required 12 additional parking spaces from the ReMax
site which they have addressed that issue with the parking and common access agreement given to
the Commission tonight.
Commissioner LeVrier asked if ReMax has enough parking over and above the 12 shared spaces.
Mr. Killough said he believes they do. According to the review, there is no comment regarding the
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inadequacy of parking on the ReMax site so he is making the assumption they are okay on that. He
will verify that before this goes to City Council.
Chairman Creighton asked if the roofing material satisfies City standards. Mr. Killough said he
spoke to the Building Official, and it does satisfy City requirements.
Although the Public Hearing was previously closed, Chairman Creighton asked if anyone would like
to speak on this item.
Rich 0 'Day, 921 Emerald, Southlake, Texas, and Jim Mellinger, 919 Emerald, Southlake, Texas,
were present to speak in favor of this request. Mr. O'Day said they have been in discussion with the
Yarbroughs about this property and have clarified in a letter to Chairman Creighton what they have
agreed to. Mr. O'Day has no further objections to the building. He said the Yarbroughs have agreed
to address all of their issues. He submitted a letter to the Commission in which he lists his issues,
and Mr. Yarbrough signed the bottom of the letter in agreement.
Commissioner Shankland commended Mr. O'Day and Mr. Mellinger on their involvement in this
process. He wishes more people would get as involved as they have been on this case.
Chairman Creighton thanked the Yarbroughs for working with the neighbors in order to achieve a
result they can all be happy with.
Commissioner LeVrier thanked Mr. Yarbrough for adhering to the Commission's recommendations
and for hiring an architect who got them through in one meeting.
Motion was made to approve ZA 98-101 subject to Site Plan Review Summary No. 4, dated January
29, 1999, and recognizing Gary Yarbrough's agreement as set forth on Rich O'Day's letter dated
February 4, 1999.
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Peebles
Jones, Sandlin, LeVrier, Peebles, Shankland, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #4560)
AGENDA ITEM #12. ZA 98-118. REZONING AND DEVELOPMENT PLAN FOR
CHESAPEAKE PLACE:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
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Zoning Change on property legally described as Tracts 4A, 4A8, 4A9, 4B, and 4E2, situated in the
J.G. Allen Survey, Abstract No. 18, and being approxhnately 54.95 acres. A Development Plan for
Chesapeake Place will be considered with this request. The property is located on the northeast
comer of the intersection of South Pearson Lane and Union Church Road. The Current Zoning is
"AG" Agricultural District. The Requested Zoning is "R-PUD" Residential Planned Unit
Development District. The Land Use Category is Low Density Residential and Retail Commercial.
The Owners of the property are Ranchland Leasing Co., Inc.; Seyed M. Mirtaheri; Michael and
Laura Musgrove. The Applicant is Four Peaks Development, Inc. In the first notification, there
were 17 notices sent to property owners within the 200' notification area, and 6 responses were
received with 4 being in favor, 1 being opposed, and 1 being undecided. Also in the first
notification, there were 5 responses received outside the notification area with 4 being in favor and
1 being undecided. In the second notification, there were 19 notices sent to property owners within
the 200' notification area, and 3 responses were received which were in favor. Also in the second
notification, there were 12 responses received outside the notification area with all being in favor.
Commissioner LeVrier asked what the difference is between this plan and their last plan. Mr.
Killough said the applicant has since added the Musgrove property and have fairly significantly
changed all of their street alignments after incorporating that piece of property. He said they
previously had two points of access onto Union Church and now have one point of access on Union
Church and one point of access on Pearson. They have also moved all of their open space to the
southwest portion of the property.
Chairman Creighton asked if they have added any amenities to the open space. Mr. Killough said
there were none mentioned. Commissioner Jones said there is a Park Board meeting coming up that
is addressing the park issue. He said he has heard the church is going to have a park adjacent to this
open space which would create a large park which is what the Commission was after at the first
meeting.
Tom Matthews, 726 Commerce, Suite 109, Southlake, Texas, presented this item to the Commission.
He said this is the first time the Commission has seen this new plan. They have made several
changes in trying to address the Commission's recommendations from the last meeting. They have
relocated and concentrated their open space in a single location which the Commission
recommended to them. They worked with the Musgroves and incorporated their property into this
plan which the Commission recommended. He said the issue of density was raised at the last
meeting, and they have looked at and investigated it and were not able to change their density and
adding the Musgrove property exacerbated the problem somewhat. He said they have 92 lots on
54.95 acres which is a 1.68 density which is below the P.U.D. requirement. The minimum sized lot
is 14,438 s.f. and the average sized lot is 17,920 s.f. He asked the Commission to bare with him
because they only received their staff review comments at 3:52 p.m. today. He asked for a variance
to Items #6.c (street stub to the east), #12 (radial or perpendicular lot lines), and #14 (double fronting
lots). He said #6.c was a point brought up in their first meeting with the Commission, and it was
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apparent from the citizens and the Commission they did not want the street stub to the east. He said
#12 is referring to the 4 cul-de-sac lots along Union Church; he thinks this is a better plan with the
4 lots basically in alignment with the other lots. Item #10.b refers to the 60' strip of land connecting
this development to Southlake Boulevard. He said they do not intend to stub a road onto Southlake
Boulevard, and it is not large enough to call it a residential lot. He said they would like to call it
Common Area #4, but it will not be counted in their open space calculation; it is their intent to sell
it to one of the commercial users on Southlake Boulevard.
Mr. Killough said staffwould prefer them to give it a lot and block designation and identify it in the
regulations as a non-buildable lot. Mr. Matthews said they will agree to that.
Mr. Matthews said Item #14 refers to Lots 13, 14, 27 and 28, Block 2, as double fronted lots which
are prohibited except at street intersections. He said they will label on their plat that these lots are
not to have any building access to Union Church.
Commissioner Jones asked if they are putting a wall along Union Church on the south side of these
lots. Mr. Matthews said they will be deed restricting for a fence along that location; there will be
a uniform fence or wall along there.
Chairman Creighton said she finds it curious in Mr. Matthews' presentation he focused on the Land
Use Plan designation for the commercial property along the north end of this development yet he
ignored the designation for the property immediately to the west of this subject tract which is also
Low Density Residential. In the Land Use Plan meetings, she recalls a great deal of discussion about
this area of town and in particular the property to the west in which no one on the Commission
foresaw any of the businesses remaining on that property. She also finds it curious the applicant
looked at an area with drainage problems and chose to put the additional concrete involved with
Medium Density Residential which would only make the drainage problems worse rather than
developing it as Low Density Residential as indicated on the Land Use Plan.
Mr. Matthews said according to the City of Southlake's ratios and factors, whether it is Medium
Density Residential or Low Density Residential, are exactly the same, so in solving the drainage
problem, it does not change anything. He said he is not aware at all of the people taking down their
businesses to the west of this property; there is quite a lot of investment on those properties.
Chairman Creighton asked what their plans are for amenities in the common areas. Mr. Matthews
said they will be meeting with the Park Board next week to work out those issues and is open to their
suggestions. He said they have considered a basketball court, but their ideas for most of it is to be
passive and open.
Commissioner Jones stepped out of the room.
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Chairman Creighton asked staffifthe Park Board accepts the open space as a City park is she correct
that it would no longer be a common area exclusively for the residents of this development. Mr.
Killough said she is correct, but it does still count towards their open space requirement.
Chairman Creighton opened the Public Hearing.
Alan Jackson (St. Martin-in-the-Fields Church), 223 S. Pearson Lane, Southlake, Texas, said the
church has met with the developer and has reviewed their plans for drainage, fencing, and sanitary
sewer and basically the applicant has met all of the church's concerns. He said a big concern of the
church is drainage, and he is confident the church and the applicant will create a comprehensive
drainage plan for the area which will benefit both the church and this development. This plan is a
big improvement over the last plan. The church has been working with the City regarding a soccer
field and he cannot guarantee that property will forever be a soccer field, but it will not be built upon.
Commissioner Jones reentered the room.
Jirnmie Slough, 212 S. Pearson Lane, Keller, Texas, lives directly across the street from this
development and have been concemed for quite some time about development in this area. She has
been concerned about apartments possibly going in this area or even higher density single family
homes such as in Keller. She has met with the developer and has mentioned several things to him
they would like to see him do, and he has agreed to work with her. She would like to see another
outlet onto Union Church. She would like to be out in the country like she was 23 years ago, but she
knows that is not going to happen. She really does not have any problems with this.
Paul Stelly, 222 S. Pearson Lane, Keller, Texas, said he is directly across the street from the church.
He has been concerned about what would be developed on this land. He has spoken with the
applicant who is willing to work with them. He said this is a big improvement over what he has seen
from developers along the west side of Pearson Lane. His family is in support of this request. He
would also like to see another outlet on Union Church.
Marshall Slough, 212 S. Pearson Lane, Keller, Texas, said he has met with the developer who has
taken care of all of their concerns. He agreed another street needs to be stubbed out on Union
Church.
Paul Schaffer, 2910 W. Southlake Boulevard, Sou&lake, Texas, requested a sewer hookup from this
development. He said this plan is better than last time because he had 8 neighbors along his fence
before and this time he has 6~ although he would prefer to have 1 or 2 neighbors. He requested a
brick wall along his property for privacy and security; he said wooden fences do not last. He has a
pond and horses on the back on his property and is concerned about children getting hurt on his land.
He expressed his concern about his loss of freedom.
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Kim Meara, 200 Ginger Court, Sou&lake, Texas, said she is in support of this project because it is
a vast improvement over what is there now.
Wayne Haney (SPIN 15 Representative) 400 Brock, Southlake, Texas, said they have held 2 SPIN
meetings for this development. He said neither meeting was well attended which tells him it is non-
controversial. Four Peaks Development has been cooperative with him and has provided him with
the materials he has asked for. There has been a fear of this comer developing into an unpleasant
commercial comer, and that will not happen if this development goes in. The only concem he heard
at the SPIN meeting related to the 1.7 units per acre; they would rather see 1 acre lots. The SPIN
meetings are mostly attended by older residents who are used to open spaces. Generally, there was
no opposition at either meeting and most people were in favor of it. He said Jack Weismann had
some reservations about this development and hoped for larger lots. This development is an
improvement over what Keller is putting in.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #7023)
Commissioner Peebles asked the Commission if they envisioned the consolidated open area where
the applicant has it placed.
Commissioner Sandlin said he is basically pretty happy with this. He said before he does not have
a problem with the density. He said this plan fits under the City's P.U.D. ordinance. He tries to
follow the Land Use Plan which is Low Density Residential in this area, however in this case, there
have been some changes in this area which are not reflected on the Land Use Plan in terms of what
has been done. For those reasons, he said he will probably vote for this. He does not ever envision
1 acre lots going in here and thinks this is a good plan for this area.
(Planning and Zoning Commission meeting, 02-04-99, tape 1, section #7275)
Chairman Creighton said the problem with this is people are in fear of something worse because
there happens to be some less than attractive commercial developments along the existing streets
and, therefore, they are saying they are not going to oppose it. This type of project dramatically
changes the overall density projected for this area. She does not think what Keller has planned for
property south of this development is any reason to allow high density in an area of Southlake where
low density is designated.
Commissioner Jones said the vast majority of the property surrounding this development are non-
residential uses. He did not hear a lot of opposition to this in the Public Hearing. He remembers the
Mayors' statement at the time of the Land Use Plan meetings as saying they painted virtually
everything that did not have existing medium density on it as low density.
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Commissioner Peebles said this does not even meet medium density since it is less than SF-20A.
Commissioner Jones said they are doing a P.U.D., though.
Commissioner Peebles said they are doing a P.U.D. to get around SF-20A zoning, and even if it was
designated on the Land Use Plan as medium density, they do not even meet that.
Commissioner Jones said this is going to be a very good looking subdivision. It is not like these are
small lots, they are 150' to 180' deep. We have seen similar lots in other places in Southlake. He
said the Commission has a chance to be heros and help get some drainage problems fixed tonight.
The residents are glad to see it coming.
Commissioner Peebles said most of the Commissioners, including Commissioner Jones, agreed at
the last meeting they would like to see less density. If they came in at 1.33 units per acre with 64
lots, that is something all of the Commissioners indicated they could live with. He is glad they got
the Musgroves involved and it is a much better plan, but he does not agree with the open space being
located on the west. When the Commission directed the applicant to consolidate the open space, he
did not picture all of it being set on the commercial side; he pictured 2 or maybe 3 large green spaces
dispersed throughout the development. He said earlier on the agenda the Commission approved an
"SF-30" request on an existing "O-1" property, but this land is currently zoned "AG." He knows
the citizens are concerned about what may happen, but as long as the Commission sticks to the Land
Use Plan and as long as we are careful about our growth, those people do not have anything to worry
about.
Commissioner Jones said if it is not financially feasible to develop this property into 1 acre lots,
which it is not, does the Commission want to leave it as muck or do they want someone to put in a
nice residential development, fix the drainage problems, and make it so all of the surrounding people
can tap into the sewer.
Commissioner Peebles said he will split the difference with Commissioner Jones who is saying 1.67
units per acre and the Land Use Plan which is saying 1 acre and suggested 1.33 units per acre.
Chairman Creighton said she does not agree with 1.33 units per acre; she expects this property to
develop low density. She is not willing to accept Commissioner Jones' premise that this property
cannot be developed as low density residential. From everything she has seen and heard, low density
residential brings premium prices in Southlake. This may not be the most attractive piece of
property in Southlake, but at the same time, there are plenty of other tracts in Southlake and
Colleyville which developed as 1 acre and greater and were also unattractive pieces of property to
begin with; it is all in what the developer does with it.
Commissioner Jones asked how many Commissioners live on one (1) acre or more lots. He said the
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three (3) Commissioners wanting Low Density do not live on one (1) acre or more themselves. He
said they did not buy one (1) acre because they did not want one (1) acre, and that is the direction
the demographics are going. The baby-boomers are getting greyer and do not want to mow an acre.
Chairman Creighton said this is pointless. Commissioner Jones said it is not pointless because
Chairman Creighton does not live on an acre but wants to force everyone else to live on an acre.
Chairman Creighton said she does not want to force everyone to buy an acre; she wants to maintain
the Land Use Plan as it was just approved last year. Commissioner Jones said the Land Use Plan
is not written in stone, and it always seems to get mentioned when the density is going the other
direction. He thinks the Commission needs to be flexible in both ways.
Chairman Creighton said Commissioner Jones always wants to be flexible when the density is going
to Medium Density and as a Realtor, she understands why he would want that.
Commissioner Jones asked if she is indicating there is a financial motive. Chairman Creighton
stated yes she is.
Commissioner Jones said he has never participated in a transaction that had anything to do with him
sitting as a Commissioner. He said he totally resents the assertion Chairman Creighton just made
and said it was uncalled for and an apology is due.
Motion was made to deny ZA 98-118.
Motion: Peebles
Second: Shankland
Ayes: Peebles, Shankland, Creighton
Nays: Sandlin, LeVrier, Jones
Approved: 3-3
Motion failed.
(Planning and Zoning Commission meeting, 02-04-99, tape 2, section #0445)
The Commission discussed the possibility of making another motion since this one failed and
determined everyone felt strongly about their position and chose not to make another motion.
Commissioner Peebles said in order to give the City Council some direction on how he feels about
the variances requested by the applicant - if the lot sizes increased to 1 acre, he would not have a
problem with the requested variances.
Commissioner Sandlin said if he is ever wishy-washy on something, he will tell the Commission.
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If not, he will simply state what he is going to do and then do it. He really does not need to get into
a whole big discussion about it.
Commissioner Shankland thinks Four Peaks Development would do a wonderful job on this, but he
would like to see less density. He is not at all opposed to this property being developed. Four Peaks
Development is well known and well respected in this City, and he does not have a problem with
them doing this development, just not at this density.
Commissioner LeVrier said his biggest problem sitting on this Commission is that a Land Use Plan
was put together by 14 people, and he agrees with a lot of it. There are cases which come before the
Commission which have support from the citizens, some of which the Commission approves and
some of which the Commission denies; there is no consistency. He said the Commission needs to
be consistent, and they are not. They go ahead and hold someone's feet to the fire on low density
and the next month they give in to someone on medium density, and that is the problem he has. He
has been out to this piece of property, and he cannot see how anyone in their right mind would buy
a 1 acre tract on land that looks like this. To him, the Land Use Plan is a go-by; it is not gospel. It
is nothing more than a go-by as to what the Commission anticipated the growth to be and the growth
patterns to be. He cannot see a 3,000 s.f. to 5,000 s.f. home next to a metal building or a tilt wall
building. There are no amenities out there. If this land was loaded with trees or had areas of trees
or had areas with some natural features, he would be pushing hard for 1 acre, but there is nothing that
would entice him to buy a 1 acre tract here.
(Planning and Zoning Commission meeting, 02-04-99, tape 2, section #0733)
AGENDA ITEM #13. ZA 98-119. PRELIMINARY PLAT FOR CHESAPEAKE PLACE:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
Preliminary Plat for Chesapeake Place on property legally described as Tracts 4A, 4A8, 4A9, 4B,
and 4E2, situated in the J.G. Allen Survey, Abstract No. 18, and being approximately 54.95 acres.
The property is located on the northeast comer of the intersection of South Pearson Lane and Union
Church Road. The Current Zoning is "AG" Agricultural District. The Land Use Category is Low
Density Residential and Retail Commercial. The Owners of the property are Ranchland Leasing Co.,
Inc.; Seyed M. Mirtaheri; Michael and Laura Musgrove. The Applicant is Four Peaks Development,
Inc. In the first notification, there were 17 written notices sent to property owners within the 200'
notification area, and 1 response was received which was in favor. In the second notification, there
were 19 written notices sent to property owners within the 200' notification area, and 1 response was
received which was in favor.
Chairman Creighton said the Commission would be going into Executive Session pursuant to
Section 551.071, Texas Government Code, to consult with the City Attorney regarding matters
posted on this agenda.
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The Executive Session began at 10:53 p.m. and ended at 10:59 p.m.
Chairman Creighton called the meeting back to order and asked if there was any action necessary
as a result of the Executive Session, and Ms. Drayovitch said no but she understands there is a
request from the applicant to table this item.
(Planning and Zoning Commission meeting, 02-04-99, tape 2, section #0828)
Mr. Matthews said due to the fact this property does not have proper zoning, he requested to table
this case to the February 18, 1999, meeting.
Motion was made at the applicant's request to table ZA 98-119 and to continue the Public Hearing
to the February 18, 1999, Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Shankland
LeVfier, Peebles, Shankland, Jones, Sandlin, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 02-04-99, tape 2, section #0861)
AGENDA ITEM # 14. MEETING ADJOURNMENT:
Chairman Creighton adjourned the meeting at 11:00 p.m. on February 4, 1999.
(Planning and Zoning Commission meeting, 02-04-99, tape 2, section #0888)
ATTEST:
Lori A. Farwell
Community Development Secretary
L:\COMDEV~X,VP-FILEShMTGhMINM 999\02 -04-99.WPD
Ann Creighton
Chairman
Planning and Zoning Commission Meeting Minutes on February 4, 1999 Page 23 of 23