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1999-08-05 P&Z Meeting1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O REGULAR PLANNING AND ZONING COMMISSION MEETING August 5, 1999 COMMISSION PRESENT: Chairman C.D. Peebles; and Commissioners Michael Boutte, Kenneth Home, Dennis King, and Keith Shankland. COMMISSION ABSENT: Ann Creighton and Mike Sandlin. CITY STAFF PRESENT: Debra Drayovitch, City Attorney; Karen Gandy, Interim Planning Director; Dennis Killough, Senior Current Planner; Chris Carpenter, Senior Comprehensive Planner; Ed McRoy, Current Planner; Charlie Thomas, City Engineer; Malcolm Jackson, Building Operations Manager; and Lori Farwell, Planning Secretary. C.D. Peebles served as Chairman due to the absence of Ann Creighton. Chairman Peebles called the meeting to order and began the Work Session at 6:54 p.m. Chairman Peebles closed the Work Session at 7:09 p.m. and began the Regular Session. (Planning and Zoning Commission meeting, 08-05-99, tape 1, section #0500) AGENDA ITEM #2, APPROVAL OF MINUTES: Chairman Peebles opened discussion of the minutes of the Planning and Zoning Commission meeting held on July 22, 1999. Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on July 22, 1999. Motion: King Second: Home Ayes: Home, Boutte, King, Peebles Nays: None Abstain: Shankland Approved: 4-0-1 Motion carried. (Planning and Zoning Commission meeting, 08-05-99, tape 1, section #0524) AGENDA ITEM #3, APPEALING THE ZONiNG ADMINISTRATOR'S DECISION REGARDiNG SUBSTANTIAL CONFORMANCE OF A REVISED CONCEPT PLAN FOR THE 41 42 43 SHOPS OF SOUTHLAKE, ZA 99-023, TO THE BOARD OF ADJUSTMENT: The Commission took no action on Agenda Item #3. Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 1 of 20 1 (Planning and Zoning Commission meeting, 08-05-99, tape 1, section #0630) 2 3 AGENDA ITEM #4, ADMINISTRATIVE COMMENTS: 4 There were no Administrative Comments. 5 6 AGENDA ITEM #5, AMENDMENT TO THE MASTER THOROUGHFARE PLAN: 7 8 9 10 11 12 13 14 15 16 17 18 t9 20 21 22 '~' 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 Senior Comprehensive Planner Chris Carpenter presented this item to the Commission. Chairman Peebles opened the Public Hearing. Cameron McCartha (SPIN 12 Representative) 1211 Wood Creek Lane, Southlake, Texas, said she and Matt Tuggey (President of the Cross Timber Hills Homeowner's Association) would like to request the Commission table this item in order to allow time for resident meetings to be held. She said her neighbors are concerned about increased traffic on Woodbrook Lane and Peytonville Avenue and would like time to meet with Mr. Carpenter to discuss these issues. Commissioner Home asked how much time she thinks they would need. Mrs. McCartha said she thinks 30 days would be adequate. Chairman Peebles asked staff when this item would go to City Council if the Commission passed it tonight. Mr. Killough said it would go to City Council on August 17 and would require two (2) readings. He said the Second Reading would be on September 7. DavidMcMahan, 1335 Hidden Glen, Southlake, Texas, said he also lives in Cross Timber Hills and agreed with Mrs. McCartha that more meetings should be held on this subject. He said he is in total support of a thoroughfare linking Peytonville Avenue and Shady Oaks. He said it is way overdue and has been in the plans forever. He understands the concerns of the residents, but he does not think it will add any pressure on traffic within Cross Timber Hills. He thinks it may even ease the traffic from Woodbrook Lane going north because today they draw a lot of traffic from Southridge Lakes up through Coventry Manor. He asked for this item to not go on to City Council until the first meeting in September because that should give the residents time to hold a SPIN meeting. He said the residents need the opportunity to voice their opinions. Chairman Peebles asked Mr. McMahan where else this thoroughfare might go if it did not go at the location shown. Mr. McMahan said the possibilities are very limited. He said the alignment shown is probably the best alignment due to the openness of the land. He said we would not be having this discussion today if a former City Council and P&Z Commission required Southridge Lakes to have an outlet on Shady Oaks. Chairman Peebles closed the Public Hearing. (Planning and Zoning Commission meeting, 08-05-99, tape 1, section #1165) Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 2 of 20 1 Chairman Peebles said there would be an Executive Session held in order to seek the advice of the 2 City Attorney pursuant to Section 551.071, Texas Government Code. The Executive Session started 3 at 7:33 p.m. and ended at 7:35 p.m. Chairman Peebles called the meeting back to order and asked 4 the City Attomey if there was any action necessary as a result of the Executive Session, and the City 5 Attorney said no. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 "-" 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (Planning and Zoning Commission meeting, 08-05-99, tape 1, section #1205) Chairman Peebles said it is his understanding the Commission cannot dictate to City Council when they hear this item. He knows this is something the Coventry Manor residents have wanted for a long time, but he never wants to deny a citizen input on something that may affect their property. He said the Commission has been given direction from City Council that is pretty clear and that is, they would like to take a look at this. Given that this item has two (2) readings, he would suggest the Commission go ahead and pass it to Council. He said Mr. Carpenter said he would coordinate a meeting with the residents in the meantime. Commissioner Boutte asked if this plan changes as a result of citizen input, if it would have to cycle back around to the Commission for approval. Mr. Carpenter said no; the plan can be sent forward to Council with a general statement such as, "We recommend it be shown in the approximate alignments as depicted," and it can always be adjusted somewhat. Mr. McMahan asked for the Commission to send it forward with a recommendation that Council consider tabling it one meeting and starting their official meetings in September. Commissioner Boutte said he is not comfortable making a motion to move this forward when there has not been a public hearing on it. Motion was made to approve the Amendment to the Master Thoroughfare Plan recommending that City Council table this item one meeting and recommending that a SPIN meeting be held during that time. Motion: Shankland Second: Home Ayes: Boutte, Shankland, King, Home, Peebles Nays: None Approved: 5-0 Motion carried. (Planning and Zoning Commission meeting, 08-05-99, tape 1, section #1461) AGENDA ITEM #6, ZA 99-053, DEVELOPMENT PLAN FOR KIRKWOOD HOLLOW, PHASE 42 43 II: Current Planner Ed McRoy presented this item to the Commission for a Development Plan for Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 3 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~-' 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Kirkwood Hollow, Phase II, on property legally described as Tracts 3A, 3A4, 3A4B, 3A1A1, 4A, 4Al, and portions of Tracts 3Al, 3A1A, 3A1A2, 3A3, 3A3A1, 3A4A, 4B1, 4B2, situated in the R. D. Price Survey, Abstract No. 1207; portions of Tracts 2A4 and 2A5, situated in the U.P. Martin Survey, Abstract No. 1015; and a portion of Tract 1 situated in the James B. Martin Survey, Abstract No. 1134; and being approximately 30.68 acres. The property is located north and adjacent to Kirkwood Hollow, Phase I, on the west side of North White Chapel Boulevard approximately 1,000' northwest of Sweet Street. The Owner of the property is 300 Convent Corporation. The Applicant is Huitt-Zollars, Inc. The Current Zoning is "R-PUD" Residential Planned Unit Development District. The Land Use Category is Medium Density Residential and 100 Year Flood Plain. There were fifteen (15) written notices sent to property owners within the 200' notification area, and three (3) responses were received which were in favor. Ocie Vest (Huitt-Zollars, Inc.) presented this item to the Commission. He discussed the history of this property dating back to the Concept Plan approval in 1995. He said the original approvals were granted in 1995 before several new ordinances were enacted. He said several City review comments and his various responses to those comments reflect his desire to develop the second and third phases consistent with how the Development Regulations were approved and how the PUD was approved. They just want to be consistent with what entitlements they received in 1995. Chairman Peebles opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Peebles closed the Public Hearing. (Planning and Zoning Commission meeting, 08-05-99, tape 1, section #1833) Chairman Peebles asked staff how the City safety official feels about Item #1.a (provide two planned points of access). Mr. Killough said the Fire Marshal and the City Engineer have no problems with this design. Chairman Peebles asked why. Mr. Killough answered because they have a loop street and feel adequate access can be provided for the number of lots located within the development. Regarding Item # l.c (provide pavement widths in accordance with current City standards), Chairman Peebles asked why 29' was approved in Phase I; he asked if that was the standard at that time. City Engineer Charlie Thomas said no; 31' was the standard, and they were given permission to go to 29' at that time. Mr. Thomas said 31' is a City standard. He said giving a variance to that standard tends to send the signal that 31' is not needed. Chairman Peebles said he wonders why the City allowed 29' in 1995. Mr. Vest said this property is heavily wooded and whenever you start putting in streets, you have to start removing trees. Mr. Vest said 29' was noted on their Development Plan which was approved in October 1995. Mr. Vest said the idea was to provide a safe street section but to minimize the number of trees they have to remove. Chairman Peebles said Mr. Thomas made a good point and said the Commission would be on a slippery-slope by approving 29'. He said he would be inclined to keep the requirement in and ask Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 4 of 20 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '"" 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 the applicant to provide City Council with a tree survey with a road overlay showing how many trees would actually be removed by requiring 31 '; then City Council could decide whether or not they want to waive it. Commissioner Boutte asked if the Fire Marshal took into account the 29' street width when he looked at the one entry into the subdivision. Mr. Killough said there was not a specific comment from the Fire Marshal regarding street width. He said due to the one point of entry, it may be better to have the standard width pavement in case there may be cars parked on the road, and a fire truck may need the additional width for maneuvering. Mr. Vest said it is their position and their belief that the approval of the street section was part of their zoning, and they already have that approval which they can carry on throughout their residential planned unit development. Chairman Peebles asked Mr. Vest about sidewalks. Mr. Vest said they specified what the development regulations would be for this project in 1995, and they did not include sidewalks. He said the Sidewalk Ordinance has come along fairly recently and to put sidewalks on this one street when Phase I does not have sidewalks would not serve much purpose. Commissioner Shankland asked about Item #2 (provide a minimum 8' meandering sidewalk along the west side of North White Chapel Boulevard). Mr. Vest said they took this item to the Park Board and they approved their park land dedication with no trail requirements. He said the trail in this location was part of the bond election approved in May. Mr. Vest wanted to point out they are putting in a trail along Kirkwood Boulevard most of which is already in. Commissioner Shankland asked if the Trail Master Plan shows a trail along North White Chapel Boulevard. Mr. Thomas said yes; it is shown on North White Chapel Boulevard to Bob Jones Park. Commissioner Boutte asked how kids would get to the proposed elementary school without sidewalks. Commissioner Boutte said with Sabre planning to go in at the end of Kirkwood Boulevard, there will be about 5,000 cars a day coming through this area. Mr. Vest said there is an 8' sidewalk along the east side of Kirkwood Boulevard. Chairman Peebles said there would be an Executive Session held in order to seek the advice of the City Attomey pursuant to Section 551.071, Texas Government Code. The Executive Session started at 8:16 p.m. and ended at 8:19 p.m. The Commission took a break until 8:25 p.m. Chairman Peebles called the meeting back to order and asked the City Attorney if there was any action necessary as a result of the Executive Session, and the City Attorney said no. Chairman Peebles said he would like to hear the Commission's opinion on sidewalks. Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 5 of 20 1 2 3 4 5 6 7 8 9 10 11 t2 13 14 15 16 17 18 19 20 21 22 ~ 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Commissioner Shankland said he lives in a subdivision with sidewalks and cannot imagine not having them. He thinks it would be an improvement to the subdivision and would make it more appealing to have sidewalks. Commissioner Home said he lives in a subdivision without sidewalks and is concerned about children walking down the street to visit a neighbor. He said just because a mistake was made in 1995 does not mean they have to compound the error now. Mr. Vest said Phase II will be an extension of Phase I; it will not have separate entry monumentation, etc. He thinks it will look funny to have sidewalks on one street and not on the rest of the subdivision. He said it is not a cost issue to them; it is an aesthetic issue. He said these will be estate lots with a larger look to them. Commissioner King said he sees good arguments on both sides regarding the sidewalks along North White Chapel Boulevard. With respect to the interior sidewalks, he sees what the applicant is saying regarding consistency with Phase I but feels it would probably be safer with sidewalks. Chairman Peebles said they could just shift the cost of the sidewalks to the builder. Commissioner Boutte said given the presence of an elementary school right in the middle of the neighborhood, he cannot help but think sidewalks are needed. Motion was made to approve ZA 99-053 subject to Development Plan Review Summary No. 3, dated July 16, 1999, deleting Items #1 .a (provide two plarmed points of access) and #1 .b (provide sufficient street stubs into adjacent property). Motion: Shankland Second: Boutte Ayes: Shankland, Home, Boutte, Peebles Nays: King Approved: 4-1 Motion carried. (Planning and Zoning Commission meeting, 08-05-99, tape 1, section #3199) AGENDA ITEM #7, ZA 99-054, PRELIMINARY PLAT FOR KIRKWOOD HOLLOW, PHASE 37 II: 38 Current Planner Ed McRoy presented this item to the Commission for a Preliminary Plat for 39 Kirkwood Hollow, Phase II, on property legally described as Tracts 3A, 3A4, 3A4B, 3A1A1, 4A, 40 4Al, and portions of Tracts 3Al, 3AIA, 3A1A2, 3A3, 3A3A1, 3A4A, 4B1, 4B2, situated in the 41 R.D. Price Survey, Abstract No. 1207; portions of Tracts 2A4 and 2A5, situated in the U.P. Martin 42 Survey, Abstract No. 1015; and a portion of Tract 1 situated in the James B. Martin Survey, Abstract 43 No. 1134; and being approximately 30.68 acres. The property is located north and adjacent to Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 6 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '"' 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Kirkwood Hollow, Phase I, on the west side of North White Chapel Boulevard approximately 1,000' northwest of Sweet Street. The Owner of the property is 300 Convent Corporation. The Applicant is Huitt-Zollars, Ine. The Current Zoning is "R-PUD" Residential Planned Unit Development District. The Land Use Category is Medium Density Residential and 100 Year Flood Plain. Fifteen (15) written notices were sent to property owners within the 200' notification area, and three (3) responses were received which were in favor. Chairman Peebles asked if the action the Commission took on the last item, ZA 99-053, has any bearing on the plat. Mr. Killough said the same comments would be repeated regarding the two points of access and street stub requirements. Chairman Peebles asked if their decision to require sidewalks affects the plat. Mr. Killough said since staff had addressed the pedestrian access plan on the Development Plan, they did not readdress the internal sidewalk issue with the plat review. He said they would need to revise the Staff Review to include a comment regarding sidewalks. Ocie Vest (Huitt-Zollars, Inc.) presented this item to the Commission. Chairman Peebles opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Peebles closed the Public Hearing. (Planning and Zoning Commission meeting, 08-05-99, tape 1, section #3365) Motion was made to approve ZA 99-054 subject to Plat Review Summary No. 3, dated July 16, 1999, deleting Items #1.a (provide two planned points of access); #1.b (provide sufficient street stubs into adjacent property); #3.a (provide 5' utility easement around property boundary); and adding an Item #7 requiring the applicant to provide sidewalks and a pedestrian access plan. Motion: Shankland Second: Home Ayes: Home, Boutte, Shankland, Peebles Nays: King Approved: 4-1 Motion carried. Chairman Peebles asked if Commissioner King had a problem with requiring internal sidewalks, and he said yes. (Planning and Zoning Commission meeting, 08-05-99, tape 1, section #3565) AGENDA ITEM #8, ZA 9%055, DEVELOPMENT PLAN FOR KIRKWOOD HOLLOW, PHASE III: Current Planner Ed McRoy presented this item to the Commission for a Development Plan for Kirkwood Hollow, Phase III, on property legally described as Tracts 1, lB, lC, ICl, ID, 1D1, 1E, 1El, 1F, 1Fl, 1G, IH, and 1J1 situated in the R. D. Price Survey, Abstract No. 1207; and a portion Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 7 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '"" 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 of Tract 1 situated in the James B. Mart'm Survey, Abstract No. 1134; and being approximately 29.46 acres. The property is located south and adjacent to Kirkwood Hollow, Phase I, being on the northeast corner of the intersection of Kirkwood Boulevard and Dove Road. The Owner of the property is 300 Convent Corporation. The Applicant is Huitt-Zollars, Inc. The Current Zoning is "R-PUD" Residential Planned Unit Development District. The Land Use Category is Medium Density Residential. There were nine (9) written notices sent to property owners within the 200' notification area, and no responses were received. Ocie Vest (Huitt-Zollars, Inc.) presented this item to the Commission. Regarding Item #1.a, he said they are asking to keep the R.O.W. section at 84', but they are providing a 20' park land dedication adjacent to the R.O.W. for a trail. He said they feel they are giving substantially more than what you would get with a 94' street section. He said this allows them to count the park land dedication in their open space calculations. Chairman Peebles asked if this is getting the City what it needs. Mr. Thomas said it probably physically accomplishes the intent. Mr. Killough said there would be the appearance of the same amount of park way along the roadway with the park dedication. As long as the cross section can adequately fit in that 84', Mr. Killough said he does not think the City has a problem with it. Chairman Peebles asked the applicant to explain Item #1.b (provide street stub to Stanford Place). Mr. Vest said they approached CISD when they bought the Stanford Place property to make sure the two sites would work together. He said Phase I had already been developed when the school bought the property. They decided along with CISD to provide a point oftangency along the north property line so that CISD could have a private drive for a drop offpoint for kids that live in the general area. He said it was agreed that the driveway would not go through to North White Chapel Boulevard and would not carry bus traffic. Mr. Vest said they have provided a point where the roadway section touches the CISD property for a distance of 35' which allows CISD provide a private drive. He said they purposely made it small enough so they could not make it a public street. He said they feel like this will be a very low impact to the neighborhood; it will only impact three (3) lots. He said it is not intended to be a main drop off point; it is mainly intended for the residents of this neighborhood. Chairman Peebles said the drop off will be used by people going to Sabre, too. Mr. Vest said it is not a design element they came up with; they are just trying to accommodate the school district. Commissioner Home asked what size house they intend to put on these lots. Mr. Vest said the minimum house size allowed is 2,500 s.f. He said these lots are very similar to the lots in Phase I, and the smallest house in Phase I so far is approximately 3,000 s.f. Chairman Peebles opened the Public Hearing. Brent Kline (Program Managers for CISD) 120 E. Texas Street, Grapevine, Texas, said the road Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 8 of 20 connection to Kirkwood Hollow is intended to be a cul-de-sac to allow parents a place to drop off their children without having to loop around the building. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Chairman Peebles asked if he was thinking this drop off would be only for the residents of Phase III, and Mr. Kline said yes. Commissioner Shankland asked if this would be something the school would plan for and would have adults there to see to it the children were safe when they got out of a vehicle and walked up to the school. Mr. Kline said yes; it would be the same group of teachers escorting them off the bus as helping them out of their parents' car. Chairman Peebles asked if they intend to draw on children from the south side of S.H. 114. Mr. Kline said he cannot really answer that question right now; nothing is set in stone right now because this school will not be ready until 2005. Chairman Peebles closed the Public Hearing. (Planning and Zoning Commission meeting, 08-05-99, tape 1, section #5153) Commissioner Shankland said he likes the idea of the cul-de-sac and parents being able to drop their kids off there, but he is having a hard time visualizing a car a minute pulling in and dropping off without major congestion in this area. He would like to have input from DPS as to what they think of this. Chairman Peebles asked if the Commission could require a curb at this point and then in the future, if the Kirkwood Hollow residents and CISD want it removed, they could come back and request it. Mr. Killough said they could pull the R.O.W. back off the property line and a common access easement could be granted to the school at a future date, if needed. Mr. Thomas said the City would require them to carry the curb on through today and when the school came in to develop, he thinks that's when the decision would be made regarding the removal of the curb and tying it in to the school property. He said the City would not let them provide a partial driveway right now anyway. Mr. Killough said the school will have to come in with a Concept or Site Plan on this property, and their driveway connections would have to be evaluated at that time. He said if the school did propose a connection to this road, it could be evaluated then. Chairman Peebles asked how the Commission feels about the bufferyard, open space, R.O.W. dedication issues. Commissioner Boutte said the Commission could probably require another 3,000 s.f. of open space in which the applicant would probably just shave off of Lot 1. He said Lot 1 is 21,000 s.f. and would Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 9 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 then become an 18,000 s.f. lot, and the common area would be a little bigger. Chairman Peebles said he does not know what to do about the bufferyard issue. He said he is tempted to say if it is only 3,000 s.f., keep their feet to the fire and let them figure out how to do it. Commissioner Boutte said the only problem with doing that is their obvious solution would be to shave square footage offofLot 1 and make that common area. He said they are squeezing awfully big houses on small lots as it is so he would hate to shave offany more of the lots. Commissioner Home agreed with Commissioner Boutte. Commissioner Shankland said he is torn; he does not have a problem with helping the developer because they have developed a nice neighborhood. He said he does not have a problem with this unless he is missing something that could blind side all of them. Commissioner King agreed with Commissioner Shankland. He thinks the net effect of this is that the City of Southlake and its' citizens benefit from this. Commissioner Home said it is a win-win for everyone, and he does not see a problem with it. Motion was made to approve ZA 99-055 subject to Development Plan Review Summary No.3, dated July 16, 1999, deleting Item #1 .a (provide R.O.W. dedication of 35' on North White Chapel Boulevard and 47' on Dove Road); accepting Item #1 .b as shown but requiring any future drive connection to be evaluated with the school Site Plan; deleting Item #2 (provide Type B bufferyard on West Dove Road); deleting Item #5.a (provide radial lines to cul-de-sacs); and deleting #5.b (provide minimum 30,000 s.f. lots adjacent to SF-1A). Motion: Shankland Second: Home Ayes: Home, Boutte, Shankland, Peebles Nays: King Approved: 4-1 Motion carried. (Planning and Zoning Commission meeting, 08-05-99, tape 1, section #6210) Chairman Peebles called for a break at 9:48 p.m. Chairman Peebles called the meeting back to order at 10:02 p.m. AGENDA ITEM #9, ZA 99-059, SITE PLAN FOR CARROLL I.S.D. ADDITION NO. 3: 41 Current Planner Ed McRoy presented this item to the Commission for a Site Plan for Carroll I.S.D. 42 Addition No. 3 on property legally described as Tracts 2 and 2C situated in the James L. Chivers 43 Survey, Abstract No. 348, and being approximately 30.0 acres. The property is located on the Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 10 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~-' 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 northwest comer of the intersection of North Carroll Avenue and East Dove Road. The Owner of the property is Carroll I.S.D. The Applicant is Cheatham and Associates. The Current Zoning is "CS" Community Service District. The Land Use Category is Public/Semi-Public. There were twenty-seven (27) written notices sent to property owners within the 200' notification area, and one (1) response was received which was opposed. Brent Kline (Total Program Management, Inc.) 120 E. Texas Street, Grapevine, Texas, presented this item to the Commission. He introduced Eddie Cheatham (Cheatham and Associates - civil engineer) and John Craft (Assistant Superintendent of Finance and Construction for CISD). He said there was $8 million approved in the last bond election for improvements to this school. He described the improvements and alterations to the Commission. Commissioner Home said it seems as though they are asking to replace old ugly with new ugly. He said it will be the same mustard-color ugly building. He said it looks like a 1952 factory. He questioned the applicant if he is saying them can be nothing done to improve the outside of the building. Mr. Kline said the lower section will be a rough-face block that will go up into a smooth- face block, and it will have a more updated, contemporary look. He said it will go straight up in order to hide the roof-top units. Chairman Peebles asked Mr. Kline to tell the Commission why they do not want to put a tree or shrub on the whole lot. Mr. Kline said they are basically talking about two (2) lots due to the back section with the stadium. He said them are several existing conditions relating to the location of driveways, and they are asking for variances for those bufferyards. He said they are definitely working on some plantings in the front of this facility, and they are proposing sticking to landscaping in those areas as compared to landscaping the entire back portion of the property. Commissioner Shankland asked if the from is considered the south side, and Mr. Kline said yes. Commissioner Shankland said according to the bufferyard chart, they are not proposing any plantings on the south side. Mr. Kline said there are some existing trees om there, but they did not count them. He said they propose to put most of the plantings right up against the building itself. Commissioner Home said there are no plantings along Carroll Avenue at all. Mr. Kline agreed saying anything that will be done in that area will be up next to the gymnasium. Mr. Kline proposed getting a variance to only do the bufferyards along the southern section of the east property line and along the somh property line. He also asked to be exempt from putting plantings in the existing parking lots and the play fields in the back. He suggested taking the required plantings for those areas and placing them in the front bufferyards. He said it would help them keep costs down because they would not have to tear up the existing paving. (Planning and Zoning Commission meeting, 08-05-99, tape 1, section #7403) Commissioner Home asked if there is anything they could do to make this school look better. Mr. Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 11 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Kline said they are trying to get the science labs up to par, get the art lab added on, and get the drama facilities completed. He said the inside of the school is the priority so they can educate the children properly. Commissioner Home said student moral is also part of education. He said there is a certain pride a student has in his school; he will be going to a Southlake school. He said this school is the focal point of the entire north side of town. He would just like to see more attention paid to the east side of the school. Chairman Peebles asked if the Commission could require the school to revise their plans to show bufferyards along the entire east side and the entire north side but defer those plantings until such time the new stadium is completed. Commissioner Home said he understands they would be able to do more with the site if the stadium was not located there, and he understands the majority of the money should be spent towards the actual function of the building. He would just like to make this a more attractive educational site for the children as well as beautify the outside of the building. Mr. Kline said he thinks they are putting quite a bit of effort into the aesthetics of the front of the building and described the new block, glass, etc., which will be used. He said they are cleaning it up the best they can. He said one of the original propositions on the table was to build a whole new school, but that was rejected by the voters. He said they have $8 million to renovate it, and they are trying to do the best job they can. Regarding Item #6 (provide 8' screening device screening), Chairman Peebles said he understands they do not want to put it along the north side but asked why they do not want to put it along the west side. Mr. Kline said there is currently a barbed wire fence on the west side, and one of the reasons they do not want to put up a wood fence in its place is they feel the cattle will just knock it down. Commissioner Shankland asked if they would have a problem putting up a wood fence once the cows are gone. Mr. Kline said they would be glad to put up a wood fence once the use changes from agricultural. Mr. Killough said screening is a Zoning Ordinance requirement that only the Zoning Board of Adjustment (ZBA) can address. Mr. Kline said they would be glad to take it up with ZBA. Chairman Peebles opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Peebles closed the Public Hearing. (Planning and Zoning Commission meeting, 08-05-99, tape 2, section #0352) Chairman Peebles said he is having a problem not requiring any beautification at all on Carroll Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 12 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 "~ 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Avenue. He said he thinks they could require CISD to revise their plans showing a bufferyard with trees and shrubs along Carroll Avenue but not require it until the stadium is completed. He said once the stadium is completed, they should be able to remove the row of parking along the east side; the same is probably true with the north side. Commissioner Shankland asked if the school system will stop using this stadium once the new stadium is completed. Mr. Kline said no but there will be some clean up done at that time. He said they will complete the bufferyards along Carroll Avenue, remove some asphalt, place some tree wells, and run some irrigation. Chairman Peebles asked when that would occur. Mr. Kline said it will be after the 2001 completion of the stadium. He said they will figure out where the money is coming from between 2001 and 2002. Chairman Peebles said he would like them to show that on their Site Plan because this may be the only opportunity for the Commission to require it. Mr. Kline said they are on a very tight time frame and would prefer not bringing this plan back to the Commission. Chairman Peebles said he thinks that would be appropriate. Chairman Peebles expressed his concern regarding the interior landscaping. Mr. Kline said all they are asking for right now is to be allowed to move some of the interior landscaping around. He said they would like the flexibility to move some of the required plantings between the buildings out to the front where they can be seen. Mr. Killough noted that the required landscape area is based solely on the additions they are making to the buildings. He said 75% of it needs to be at the front or sides of the principle structure. Chairman Peebles said he is okay waiving (through ZBA) the screening requirement on the north and delaying the screening requirement on the west until such time as the use changes. Chairman Peebles asked why they do not want a sidewalk. Mr. Kline said they would like to request a variance on the sidewalk requirement until they have something other than a bar ditch to connect it to. He said when the adjacent neighbors put it in, they will put it in. He said you would have to go a mile in each direction to reach a sidewalk right now. He said they want to put the money they have right now into the facility. Commissioner Shankland asked where they are going to get the money in five (5) years for the sidewalk. Ms. Drayovitch said some City Councils and some Commissions require the money to be placed in escrow until such time they can put in the sidewalks. Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 13 of 20 Commissioner Home said he does not want to lose a science lab for a sidewalk to nowhere. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '"" 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Shankland asked if anyone has any idea what the sidewalks would cost. Mr. Kline approximated $50,000 to $60,000. Commissioner Shankland said if we do not require it now, they will not have the money when it comes time to put it in. He said he sympathizes with their situation, but if they do not do it now, they will not have the money later. Commissioner Home said he does not know why the bar ditches have to stay. He said the applicant is saying they cannot put in sidewalks because there are bar ditches there, but it seems as though something could be done. Eddie Cheatham said until Dove Road and North Carroll Avenue are reconstructed with curbs and gutters, if they were to go ahead and build the sidewalks without some grades to go by, it may be that they would put the sidewalks in today and tear them out in five (5) or ten (10) years. He said it is a shot in the dark at what elevation to place them right now. Chairman Peebles said he would not have a problem deferring it until the streets are finished, but he would not require them to put money in escrow. Chairman Peebles said there would be an Executive Session held in order to seek the advice of the City Attorney pursuant to Section 551.071, Texas Government Code. The Executive Session started at 10:51 p.m. and ended at 11:03 p.m. The Commission took a break until 11:07 p.m. Chairman Peebles called the meeting back to order and asked the City Attorney if there was any action necessary as a result of the Executive Session, and the City Attorney said no. Commissioner Home asked how the Commission can be assured the applicant will put the sidewalks in later. Mr. Kline said they agreed when the road goes in, they will put the sidewalks in. Commissioner Home asked if the Commission could get that in writing. Mr. Kline asked John Craft with CISD and was told yes. Commissioner Shankland asked if they would agree to maintain the plantings. Mr. Kline said yes. Commissioner Home asked if they do not have the money now, how are they going to have the money then. Mr. Kline said if need be, they can add in some money for capital improvement items into the 2002 bond issue. Commissioner Home asked them to put that in writing, too. Commissioner Boutte said they cannot guarantee approval of the bond though. Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 14 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 "'-' 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Shankland asked if the motion included the funds to be placed in escrow if the Commission would want a portion or all of the funds. Commissioner Boutte said he likes 100% personally. Mr. Kline said if the motion includes an escrow, they would just as soon put the sidewalks in and let the City tear them out. He said they would like to take the word "escrow" out of the motion. Commissioner Home said as much as he would like to escrow it, he thinks that would be a bad use of the money. (Planning and Zoning Commission meeting, 08-05-99, tape 2, section gl 369) Motion was made to approve ZA 99-059 subject to Site Plan Review Summary No. 3, dated July 16, 1999, deleting Item gl (horizontal and vertical articulation); deleting Item #2 (provide masonry construction); deleting Item #3 (roof material); on Item #4.a, waiving the west bufferyard and requiring the plantings on the south bufferyard and on the south-half of the east bufferyard and placing the money for the remainder of the bufferyards (north and the north-half of the east bufferyard) in escrow stipulating that the north bufferyard and the north-half of the east bufferyard be planted when the new stadium is completed; deleting Item #4.b (relocate or remove parking spaces, buildings, and drives from required bufferyards); on Item #5 allowing movement of interior plantings per the Landscape Administrator's approval; on Item #7, deferring the sidewalks but requiring the money to be placed in escrow for furore construction when the bar ditches are eliminated on Dove Road and Carroll Avenue; requiring the applicant to show the bufferyards and sidewalks on the Site Plan they take to City Council; acknowledging the applicant's agreement to maintain the landscaping in perpetuity; and recommending to ZBA on Item #6, that CISD be required to put in the screening fence when the adjacent property to the west develops. Motion: Shankland Second: Boutte Commissioner King said he is in agreement with the motion for the most part but has a problem with requiring the funds to be escrowed and requiring a bufferyard on the north side and on the north-half of the east side since they will still be using this stadium even when the new stadium is built. Regarding the escrowed funds, he said even Commissioner Home was willing to forego the escrow requirement; the school has made it real clear they are real tight on their monies. He said if the escrow requirement is in the motion, he will have to vote against it. Commissioner Home agreed with Commissioner King and said the escrowed funds take away from the very reason of the bond issue which was to further the education of the children. He said this is the hardest vote he has had to take on this board, and it really does bother him. Commissioner Shankland agreed saying education should be first, but if that were tree and all money was spent towards education, we would not be building a natatorium and another stadium; money Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 15 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~" 23 24 25 26 27 28 29 30 31 32 is spent towards other things. Chairman Peebles said he is going to vote against this motion because he does not think the money should be escrowed. He said he believes they will do what they say they are going to do. Commissioner Shankland said he would like to send this motion on to City Council like it is; they have had more experience dealing with the school district, and he would like to give them the opportunity to leave the escrow requirement in or to remove it. Ayes: Boutte, Shankland Nays: King, Home, Peebles Vote: 2-3 Motion failed. (Planning and Zoning Commission meeting, 08-05-99, tape 2, section # 1891) Motion was made to approve ZA 99-059 subject to Site Plan Review Summary No. 3, dated July 16, 1999, per Commissioner Shankland's motion but deleting the escrow requirements; waiving the north bufferyard requirement; and deferring the north-half of the east bufferyard until completion of the new stadium but allowing for this item to be waived if it is determined that the removal of too many parking spaces is required and the facility could no longer be used for its intended use. Motion: King Second: Home Ayes: King, Home, Peebles Nays: Boutte, Shankland Approved: 3-2 Motion carried. (Planning and Zoning Commission meeting, 08-05-99, tape 2, section #1995) AGENDA ITEM #10, ZA 99-066, REVISED SITE PLAN FOR SOUTHRIDGE EXECUTIVE 33 34 35 36 37 38 39 40 41 42 43 SUITES: Current Planner Ed McRoy presented this item to the Commission for a Revised Site Plan for Southridge Executive Suites on property legally described as Lot 12, Block 6, Southridge Lakes, Phase C-l, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4596, Plat Records, Tarrant County, Texas, being approximately 0.819 acres. The property is located at 1500 Corporate Cimle being on the north side of Corporate Circle approximately 450' east of North Peytonville Avenue. The Owner and Applicant is Four Peaks Development. The Current Zoning is "C-3" General Commercial District. The Land Use Category is Office Commercial. There were seven (7) written notices sent to property owners within the 200' notification area, and no responses were received. Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 16 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '"" 23 24 25 26 27 28 29 30 31 32 33 34 David McMahan (Four Peaks Development) 1335 Hidden Glen, Southlake, Texas, presented this item to the Commission. He asked for a variance to Item #1 .a (required 15' side setback). Chairman Peebles opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Peebles closed the Public Hearing. Mr. Killough said the only body who has the authority to vary the side setback is the Zoning Board of Adjustment. He said if the Commission approves this, it would be subject to ZBA's approval. Chairman Peebles said it is his understanding the Commission has the ability to deny this request due to the fact they do not have the power to grant the variance requested. He asked if this item would be required to come back to the Commission if the Commission denies it right now and it is subsequently approved by ZBA. Ms. Drayovitch said yes. Chairman Peebles said at that point the comment would go away. Commissioner King asked if Mr. McMahan considered covered parking when he initially brought the Site Plan through for approval. Mr. McMahan discussed the history of this site with the Commission. Chairman Peebles asked if Mr. McMahan would be willing to adopt the colored rendering with the landscaping maintained in perpetuity as part of the approval, and Mr. McMahan said yes. Motion was made to deny ZA 99-066. Motion: Boutte Second: Peebles Ayes: King, Home, Boutte, Shankland, Peebles Nays: None Approved: 5-0 Motion carried. (Planning and Zoning Commission meeting, 08-05-99, tape 2, section #2542) AGENDA ITEM #11, ZA 99-058, REVISED PRELIMINARY PLAT FOR EAGLE BEND 35 ESTATES: 36 Current Planner Ed McRoy presented this item to the Commission for a Revised Preliminary Plat 37 for Eagle Bend Estates, Phase 2, on property legally described as Tracts 3A3A1, 3A3B, 3C4, and 38 a portion of Tracts 2, 3C7, and 3C2, situated in the Hall Medlin Survey, Abstract No. 1037, and a 39 portion of Tract 2 situated in the Hollingsworth and Barnett Survey, Abstract No. 797, and being 40 approximately 33.75 acres. The property is located south of and adjacent to Eagle Bend Estates. The 41 Current Zoning is "R-PUD" Residential Planned Unit Development District. The Land Use 42 Category is Medium Density Residential and 100 Year Flood Plain. The Owner of the property is 43 Westerra-Timarron, L.P. The Applicant is Carter & Burgess, Inc. Sixteen (16) written notices were Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 17 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 sent to property owners within the 200' notification area, and one (1) response was received and was opposed. Terry Wilkinson (Wyndham Properties) presented this item to the Commission. Chairman Peebles opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Peebles closed the Public Heating. Mr. Wilkinson said if staff decides any other easements are necessary he would be happy to accommodate their needs. Motion was made to approve ZA 99-058 subject to Plat Review Summary No. 3, dated July 30, 1999, deleting Items #1.a (10' utility easement provided around the property boundary) and #2 (provide lot lines radial to cul-de-sac streets) and acknowledging the applicant's agreement to work with staff on easements. Motion: King Second: Shankland Ayes: Home, Boutte, Shankland, King, Peebles Nays: None Approved: 5-0 Motion carried. (Planning and Zoning Commission meeting, 08-05-99, tape 2, section #3097) AGENDA ITEM #13, ORDINANCE NO. 480-GG: Interim Planning Director Karen Gandy introduced this item to the Commission and said this ordinance proposes the deletion of any reference to lighting and glare standards in the Zoning Ordinance. She said they are attempting to reference a new ordinance that will be amending the Uniform Building Code that will address the technical issues. Business Operations Manager Malcolm Jackson said this ordinance is proposed as part of the UBC for a couple of reasons: first, it would continue to permit review and control by the Commission and the City Council with regard to the plan reviews and would allow some administrative decisions to be made on certain products that might meet certain criteria approved by the Building Official, and it would permit existing locations who decide to update their plans to fall under the new ordinance requirements. He said neither the original or the draft ordinance regulates residential properties. He said there has not been a residential to residential issue in the past eleven (11) years. Generally speaking, he said those issues are addressed in deed restrictions, and the residents can file claims in the J.P. courts. Mr. Jackson reviewed the changes made to the ordinance as a result of the last City Council meeting. Chairman Peebles opened the Public Hearing. No one in the audience stepped forward to speak. Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 18 of 20 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 ~'~ 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Chairman Peebles closed the Public Hearing. In Sections 3502.2 and 3504.2, Chairman Peebles asked to make the following change or add the following wording: "An applicant or citizen may appeal any denial of such application to the City Council." City Attorney Debra Drayovitch said they will be revising this a little more and told Chairman Peebles she will be sure and make that addition. Commissioner Shankland thanked Mr. Jackson for all his work on this ordinance. Mr. Jackson said Chuck Bloomberg was actually the author of about 95% of this, and he will share that with Mr. Bloomberg. Ms. Drayovitch said she would like the motion to be very general regarding approval of changes to the Zoning Ordinance which will enable these amendments to occur. Motion was made to approve Ordinance No. 480-GG with the changes discussed tonight and recommending whatever action on any other ordinances is necessary to comply with the changes contained in 480-GG. Motion: Shankland Second: Home Ayes: Boutte, Shankland, King, Boutte, Peebles Nays: None Approved: 5-0 Motion carried. (Planning and Zoning Commission meeting, 08-05-99, tape 2, section #3940) AGENDA ITEM #12, ORDiNANCE NO. 480-HH: Motion was made to table Ordinance No. 480-HH and to continue the Public Heating to the August 19, 1999, Planning and Zoning Commission meeting. Motion: Shankland Second: King Ayes: Shankland, King, Home, Boutte, Peebles Nays: None Approved: 5-0 Motion carried. (Planning and Zoning Commission meeting, 08-05-99, tape 2, section #3965) Planning and Zoning Commission Meeting Minutes on August $, 1999 Page 19 of 20 AGENDA ITEM #14, MEETING ADJOURNMENT: Chairman Peebles adjourned the meeting at 12:33 a.m. on August 6, 1999. 5 6 7 10 11 12 13 14 15 18 19 20 21 (Planning and Zoning Commission meeting, 08-05-99, tape 2, section #3969) C.D. Peebl~s Chairman ATTEST: Lori A. Farwell Planning Secretary Planning and Zoning Commission Meeting Minutes on August 5, 1999 Page 20 of 20