1999-12-09 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
40
41
42
REGULAR PLANNING AND ZONING
COMMISSION MEETING
December 9, 1999
COMMISSION PRESENT: Chairman Ann Creighton; Vice-Chairman C.D. Peebles; and
Commissioners Michael Boutte, Kenneth Home, Dennis King, Mike Sandlin, and Keith Shankland.
COMMISSION ABSENT: None.
CITY STAFF PRESENT: Debra Drayovitch, City Attorney; Dennis Killough, Senior Current
Planner; Lisa Sudbury, Current Planner; Charlie Thomas, Deputy Director of Public Works;
Malcolm Jackson, Administrative Operations Coordinator; Keith Martin, Landscape Administrator;
Angela Turner, Graduate Engineer; and Lori Farwell, Planning Secretary.
Chairman Creighton called the meeting to order at 6:37 p.m. Chairman Creighton said a Capital
Improvements Advisory Committee meeting was scheduled for 6:00 p.m. but was not held due to
the length of the agenda.
There was no Work Session held.
AGENDA ITEM #2, APPROVAL OF MINUTES:
Chairman Creighton opened discussion of the minutes of the Planning and Zoning Commission
meeting held on November 18, 1999.
Motion was made to approve the minutes of the Planning and Zoning Commission meeting held
on November 18, 1999, as presented.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Shankland
Home, Sandlin, Boutte, Peebles, Shankland, King, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-09-99, tape 1, section #0042)
AGENDA ITEM #3, ADMINISTRATIVE COMMENTS:
Chairman Creighton announced that the Commission received information regarding the Sabre
Corporate Campus Groundbreaking ceremony to be held on December 16, 1999, at 10:00 a.m. at the
Sabre Solana Building with a coffee reception at 9:00 a.m.
(Planning and Zoning Commission meeting, 12-09-99, tape 1, section #0056)
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 1 of 18
1 AGENDA ITEM #9, ZA 99-112, PRELIMINARY PLAT OF EASTER PLAZA:
2
3
4
5
6
7
8
9
10
11
12
13
14
Motion was made to table ZA 99-112 and to continue the Public Heating to the February 17, 2000,
Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
Sandlin
Sandlin, Boutte, Peebles, Shankland, King, Home, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-09-99, tape 1, section #0091)
AGENDA ITEM #4, ZA 99-109, SITE PLAN FOR JOHNSON ELEMENTARY SCHOOL:
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
Commissioner Home said he lives within 200' of this property and is abstaining from the discussion.
Current Planner Lisa Sudbury presented this item to the Commission for a Site Plan for Johnson
Elementary School on property legally described as Tract 5H situated in the Francis Throop Survey,
Abstract No. 1511, and being approximately 14.89 acres. The property is located on the northeast
comer of the intersection of North Carroll Avenue and East Highland Street. The Current Zoning
is "CS" Community Service District. The Land Use Category is Public/Semi-Public and 65 LDN
Overlay Corridor. The Owner and Applicant is Carroll Independent School District. Twenty-two
(22) written notices were sent to property owners within the 200' notification area, and no responses
were received. The Commission received two (2) responses outside the notification area.
Chairman Creighton said there would be an Executive Session held in order to seek the advice of
the City Attorney pursuant to Section 551.071, Texas Local Government Code, regarding matters
posted on this agenda. The Executive Session started at 6:42 p.m. and ended at 7:00 p.m. Chairman
Creighton called the meeting back to order at 7:02 p.m. and asked the City Attorney if there was any
action necessary as a result of the Executive Session, and the City Attorney said no.
(Planning and Zoning Commission meeting, 12-09-99, tape 1, section #0165)
Mark Daniels (Total Program Management) presented this item to the Commission.
Commissioner Sandlin asked why they are requesting a variance to Items #4.a through #4.f. Mr.
Daniels said this is an existing facility, and they are only adding four classrooms. He said they
would have to remove ail of the front parking in order to put in the bufferyard.
Brent Kline (Total Program Management) said they are 300 s.f. over the 5,000 s.f. limit on their
building which requires them to meet the landscape and bufferyard requirements in Item #4. He
said they are only adding four classrooms. He said this site is unique because they essentially have
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 2 of 18
1 two pieces of property that are platted as one piece of property. In order to meet the bufferyard
2 requirements, they would have to put a bufferyard around the entirety of both properties and r~emove
3 some parking. He said they would also have to remove some concrete in order to put the landscape
4 islands in the parking lots. Regarding the screening requirements in Item #5, he asked that they be
5 allowed to talk to the individual homeowners as to their preferences. He said some people like to
6 see the school and like to be able to walk over to the school. He also asked for the sidewalk to be
7 allowed as shown. He asked that they be allowed to address Item #7, the setback of the temporary
8 building, with the Zoning Board of Adjustment.
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
Commissioner Boutte asked what the long-range plans are for the acreage behind the playground.
Dr. Ted Gillurn (Superintendent for C1SD) 1309 Hatcreek Trail, Southlake, Texas, said there are no
long-range plans for that land. He said they will have to address the lack of office space for the
central administration personnel in the 2002 bond election. He said the only thing they have
discussed is a possible addition to the administration building in the southern portion of this site.
Chairman Creighton opened the Public Heating.
Dennis Minder, 223 Eastwood Drive, Southlake, Texas, said he does not see why any variances
should be granted to the school district. He does not see why they should have any special privileges
over anyone else.
Commissioner Sandlin said because he is a taxpayer and the applicant is the school district, he is
willing to give them a little latitude in dealing with some of the requested variances. He would have
liked to have seen some of the neighbors come to address the Commission since they are the people
directly affected by the school. He has not received enough input from the neighbors as to whether
or not these variances are okay. He said when people do not speak up, he has to assume everything
is fine.
Chairman Creighton said she does not have a problem with the sidewalk as they have presented it,
she would like a letter from the neighbors regarding the 8' screening requirement.
Vice-Chairman Peebles said he thinks the Commission should require landscaping along North
Carroll Avenue and Highland Avenue, but he needs to know exactly how much space there is
between the existing parking lot and Carroll Avenue. He said the applicant has not given the
Commission a survey of the existing landscaping and said they could be in compliance with the
landscaping for all he knows. Until he has more details, he is not prepared to grant an exception to
the interior landscaping requirements. He agrees they should not have to put in landscape islands
but said they should be required to plant the required plantings elsewhere on the property. He said
the applicant did not bring any information regarding what would be involved in meeting the
screening requirements. He said he is not prepared to waive these requirements until he receives
more information.
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 3 of 18
1 Commissioner Boutte said looking at the property, he sees no logical connection between Highland
2 Avenue and the four classrooms. He said the administration building and the school building may
3 be platted as one piece of property but logically they are two very different pieces of property.
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
Chairman Creighton agreed and said she has a little bit of a concern, too, where there are only four
classrooms being added. She tends to believe the school district's statement that trying to bring the
entire site into compliance with all of the City's ordinances could be cost prohibitive since they are
only building four classrooms.
Regarding screening requirements, Commissioner Boutte said if he lived next to the school he would
not want an 8' fence behind him and would rather have the ability to look out upon two acres of wide
open land.
Commissioner Shankland agreed with Commissioner Boutte and said he does not want to see them
rip up parking lot. He said Item #5 bothers him because the school district has known for nine
months what they want to do on this site, and they still have not talked to the neighbors. He said
they have had enough time to poll the neighbors to see what their wishes are regarding screening.
Commissioner King said he thinks it is a tough job to add on to existing buildings and to contain
costs. He knows the Commission does not like to grant variances, but there are always special cases.
Commissioner Sandlin said the school district has plenty of time between this meeting and the City
Council meeting to talk to the neighbors and get something in writing from them regarding the
screening and bufferyards.
Chairman Creighton said before she would grant a variance for the landscaping requirements along
Carroll Avenue, she would want to know what the costs of those requirements were projected to be
so that she could consider whether or not she thought that was valid.
Vice-Chairman Peebles said he would be in favor of phasing in the landscaping. He said Durham
Elementary has a landscaping committee who raises money for their landscaping.
Commissioner Sandlin asked staff what the appropriate action would be on Item #7 (portable
building encroaching into the adjoining property). Mr. Killough said right now, it is just an
encroachment into the other property. He said he does not know what action the Commission could
take to require the removal of the building. Mr. Killough said the other property owner could take
measures to make them move the building.
Darrell Faglie, 505 S. KimballAvenue, Southlake, Texas, said the statement was made by one of the
Commissioners that maybe it would not be a good use of tax dollars to make the school meet the
ordinance requirements. He asked if this was selfish by not requiring that of our tax dollars but
requiring it of developers and homeowners.
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 4 of 18
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
~ 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
1 Chairman Creighton said the Commission has considered items that come forward in the Community
2 Service District maybe a little differently than other items. She said personally, she looks at those
3 items a little differently. She said the Commission considered a major addition to Rockenbaugh
4 Elementary and was probably fairly hard on the school district, but this case is just four classrooms
and the school district is not trying to renovate the entire school building.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 12-09-99, tape 1, section # 1543)
Motion was made to approve ZA 99-109 subject to Site Plan Review Summary No. 2, dated
December 3, 1999, deleting Item #1 (articulation); regarding Item #2 (screening to roof top
mechanical units), requiring the applicant to get a bid regarding screening of rooftop equipment and
submitting that number to City Council and leaving it up to City Council as to whether or not they
want to waive that requirement; regarding Item #4.a, giving the applicant until August 1,2004, to
complete the bufferyards; regarding Item #4.b, instructing the applicant to get a determination of
where the final right-of-way would be on Carroll Avenue and have the number of feet between that
right-of-way and the existing parking lot available for City Council; regarding Item #4.d, allowing
the applicant until August 1, 2004, to complete the interior landscaping; waiving the islands in Item
#4.e, but allowing the applicant until August 1, 2004, to install the relocated area and plant materials;
deleting Item ~4.f; regarding Item #5, requiring the applicant to meet with the neighbors before City
Council to find out who wants screening and who does not; regarding Item #6, requiring a 6'
sidewalk but allowing the narrowing of the sidewalk to 5' to meet up with the existing sidewalk and
not taking up a length of more than 10' when narrowing from 6' to 5' and giving relief to the 6' trail
interior to the site; and regarding Item #7, suggesting that ZBA permit a variance to the setback.
Motion:
Second:
Ayes:
Nays:
Peebles
Sandlin
Peebles, Shankland, King, Sandlin, Creighton
Boutte
Commissioner Boutte said he voted no because this motion is giving the school district over four
years to do some things that need to be done now and it is requiring them to do some things,
particularly over on Highland Street, that are not logically connected to this property and should be
done with the Administration Building.
Commissioner Shankland said he voted yes to move this forward to City Council, but he does not
agree with requiring Items #4.a through #4.f.
Chairman Creighton said she also voted for this to move it forward to City Council, but she shares
Commissioner Boutte's concems that the landscaping around Highland Street should not be required
as a result of adding these four classrooms.
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 5 of 18
1
2
3
4
5
6
7
Abstain: Home
Approved: 5-1-1
Motion carried.
(Planning and Zoning Commission meeting, 12-09-99, tape 1, section #2147)
AGENDA ITEM #5, ZA 99-120, REZONING AND SITE PLAN FOR CARROLL I.S.D.
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
MIDDLE/INTERMEDIATE SCHOOL:
Current Planner Lisa Sudbury presented this item to the Commission for a Rezoning and Site Plan
on property legally described as Tracts 1, lA, lC, 1D, and 3A situated in the John A. Freeman
Survey, Abstract No. 529, and being approximately 37.416 acres. The property is located on the
west side of South Kimball Avenue approximately 900' south of East Southlake Boulevard (F. M.
1709). The Current Zoning is "SF-20A" Single Family Residential District. The Requested Zoning
is "CS" Community Service District. The Land Use Category is Public/Semi-Public and 65 LDN
Overlay Corridor. The Owner and Applicant is Carroll Independent School District. Twenty-three
written notices were sent to property owners within the 200' notification area, and three responses
were received and were opposed. A separate letter was also received from three South Kimball
Avenue residents who live within 200' in opposition. The Commission also received two responses
from outside the notification area with concerns.
Brent Kline (Total Program ManagemenO presented this item to the Commission and addressed the
requested variances.
Howard Vestal (VLK Architects) 2642 Hidden Ridge, Arlington, Texas, reviewed the requested
articulation variances.
Mr. Kline said since there are two schools on this site, they realize that if they both had parent-
teacher nights on the same nights parking could be an issue. He said he wants to state fight now that
will not be allowed to happen. He said, in fact, it may be that seventh grade has their parent-teach
night on one night and eighth grade has theirs the next so that there are enough parking spaces.
Chairman Creighton opened the Public Hearing.
Pattie Minder (SPIN #8 Representative) 223 Eastwood Drive, Southlake, Texas, said Brent Kline
asked to hold a SP1N meeting the week of Thanksgiving which was not a convenient time for the
neighbors so they held it on December 6, 1999, instead. She said she is concerned that the school
is just now coming to the neighbors to discuss this plan. She has lots of concerns on Kimball
Avenue and in Woodland Heights. She said their big concerns are relating to drainage, the road
connection to Village Center Drive, parking spaces, trees, the tennis court location, and the retention
pond.
Dennis Minder, 223 Eastwood Drive, Southlake, Texas, raised concerns regarding the school not
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 6 of 18
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
meeting with the residents earlier and trying to rush this plan through now. Initially, he said there
was only supposed to be one school on this property and then two weeks ago he found out there is
going to be two schools. He asked that the Commission postpone this item to give the neighbors
time to meet with CISD and their architects. He raised the following concerns: there being enough
parking spaces; the drainage onto his property; the fencing; spillover lighting; and the sound system.
He asked what CISD intends to do about having enough parking for track meets and open houses.
He said he and many of his neighbors have farm animals and are concerned about the safety of kids
coming onto their property to get balls. He said he does not want school bells ringing all hours of
the day. He said no one has mentioned anything about a bufferyard; the plan is too small for him
to tell how much distance is between the fields and his property. He does not think CISD should get
any variances; they are starting from ground zero, and the ordinances should apply like they do to
everyone else.
Darrell Faglie (SPIN (47 Representative) 505 S. Kimball Avenue, Southlake, Texas, said he has had
four separate meetings with the school district. He feels like the schools are going to be built no
matter what the vote is at the Commission and said he would like to work with them to make it
happen. He said CISD has attempted to address some safety issues on Kimball Avenue if the City
will go along with them. He would like to see the City catch up with the design work for Kimball
Avenue. He said a plat was submitted two or three years ago for this same piece of property, and
it was requesting 63 residential lots. At that time, he said there was opposition who wanted one acre
lots backing up to Woodland Heights which the developer could only get 56 lots that way and could
not make the development work. In a matter of days, the school had it under contract.
JeffWang, 595 S. KirnballAvenue, Southlake, Texas, said this has been a very long and frustrating
process. He attended the SP1N meeting on December 6, 1999, which only gave the neighbors three
days to look at this before this P&Z meeting. He proposed a different median cut which he said the
school district agrees will work better, but they told him it was in the hands of the City since they
are the ones building the street. Before any f'mal decisions are made, he suggested that the City, the
school district, and the neighbors meet together regarding Kimball Avenue. He raised concerns
about traffic jams on Kimball Avenue; he said it will be a City-wide traffic problem because it will
also affect Southlake Boulevard. He questioned whether or not there are enough parking spaces
because if there are not, he said people will park along the sides on Kimball Avenue which will be
very dangerous. He said the homeowners who live on the east side of Kimball Avenue currently
walk across the street and pick up their mail on the west side of Kimball Avenue. He raised this
issue to the school district, and they said the homeowners should take up the issue with the Post
Office. He said he is concerned for his and his neighbor's safety. He questioned which driveway
will be used as a construction driveway because one of the driveways is directly across from his
house. He also questioned the time of day the construction traffic will be allowed to enter and exit
the site.
Chairman Creighton called for a break at 9:07 p.m.
Chairman Creighton called the meeting back to order at 9:35 p.m.
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 7 of 18
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
'~' 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
4O
41
42
(Planning and Zoning Commission meeting, 12-09-99, tape 1, section #4522)
Martha Taylor, 209 Eastwood Drive, $outhlake, Texas, said her main concern is the proposed
extension of Village Center Drive, and she would like it removed from the plan. She said it sets a
precedent because it appears to be a done deal. She is opposed to the road. She said she is also
concerned about the drainage issues.
Howard Carr, 311 S. Kimball Avenue, Southlake, Texas, said his property line is shown incorrectly
on the school's plan. He said he would possibly be agreeable to the road they have shown on the
plan going down his property line, but it is going through the middle of his house as it is currently
shown. He asked that it be corrected before any further action is taken.
Corinne Tuttle, 219 Eastwood Drive, Southlake, Texas, said she is concerned about the drainage on
the southwest comer of the property. She said it was mentioned at the SP1N meeting there would
be a cut-in to collect the water coming off the property, and she would like to make sure that is put
on the Site Plan. She said her property is already backing up with water when it rains. She asked if
the detention area will be concrete or gross; if it is grass, she asked if it will be mowed and
maintained. She voiced concerns about the noise coming from the P.A. system outside; she asked
that it be lowered or not have outside speakers. She would prefer for there to be no lights on the
stadium since a new stadium with lights is being built at another location. She said they said at the
SPIN meeting there will be an 8' wood fence on their back property line, and she asked that it be
maintained. She asked about the location of the dumpsters and deliveries. She said she is in favor
of the schools going behind her, but she has not really had time to discuss all of these issues. She
likes the idea of rotating open houses for the two schools to cut down on parking problems. She
voiced her concerns about the number of trees being removed.
John Logan, 221 Eastwood Drive, Southlake, Texas, said he is concerned about drainage, too. He
said he spoke to Mr. Kline at the break, and Mr. Kline indicated there may be legal issues with CISD
helping the neighbors with their drainage issues. He asked that the school's ultimate drainage level
be lower than the neighbors, and that the neighbors be able to cut into the school's so that they can
fix their own problem. He would prefer a landscape bufferyard in lieu of a fence on the west property
line. He said all of the homes in Woodland Heights are on a septic system currently and asked if the
homes along that common property line could tie into the school's sewer system. He said he and
his neighbors would like to have open communication with the school to make this work. He said
his gut feeling is that this property is a little too small for two schools; they could save trees, cut
down on traffic problems, and have fewer drainage issues with one school.
Doug Thayer, 217 Eastwood Drive, Southlake, Texas, said as a general role he is not opposed to the
plan, but he does have a problem with the mount of information given to the neighbors before
Monday night. He does not want a fence along his property line. He said this is a perfect time to
start thinking about connecting to the sewer.
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 8 of 18
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
C E. Dorris, 213 Eastwood Drive, Southlake, Texas, said they did not get much satisfaction at
Monday night's SPiN meeting and felt they were being pacified. He would like something in
writing from the school that addresses the neighbors' concerns. He thinks the parking is inadequate.
He said if they are only having games five times a year, then they do not need lights on the field;
he is opposed to the lights. He voiced his concerns about the audio system. He voiced his concerns
about the detention pond and drainage problems in this area. He raised a concern about a group of
trees located where the proposed tennis courts are. He said a red-tailed hawk, an endangered species,
lives in those trees. He asked the Commission to think about that.
Dennis Minder said when the City approved the Texas School of Baseball on Kimball Avenue, it
was specifically stated there be no bleachers due to the proximity of the homes and asked for the
Commission to give them the same consideration.
Chairman Creighton left the Public Hearing open.
(Planning and Zoning Commission meeting, 12-09-99, tape 1, section #5273)
Vice-Chairman Peebles asked if there is any way to terrace this property in order to save some of
the trees.
Commissioner Shankland said he asked Keith Martin, Landscape Administrator for Southlake, if
there was any way to save trees, and Keith said the trees are going to have to be taken out just to
grade the property because of the drainage since the drainage is such a problem.
Commissioner Sandlin said they are putting so much on this property. He said there is a way to save
trees -just don't put as much on the property.
Commissioner Home said he is concerned about the people who live on the east side of Kimball
Avenue whose children will not be able to attend this magnificent school since they won't be able
to get into their homes. He said the people to the west are concerned about drainage, and a man to
the north expressed concerns. He said it seems like a lot of concerns to have only had one SPIN
meeting. He asked the school district how much it would affect them to have two more SPiN
meetings with the residents.
Dr. Gillum said since the first bond election failed in September 1998 and the next election was not
until March 1999. He said every week they lose on approval of the Site Plan basically moves them
from an August 1, 2001, completion with children starting school in mid-August to a September start
date. Dr. Gillum said they would have to stagger the school calendar for this particular site, and the
students who live in its attendance zone would start school later than students in other parts of the
district.
Commissioner Home asked for a dollar amount of the increase in construction costs if they are
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 9 of 18
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
1 delayed. Dr. Gillum said with everything they have gone through in the last few months, he would
2 not want to venture a guess on that. He said over the last twelve months they have had steel costs
3 go up 50%, and they are $2 million over budget on the middle school portion of this site. He said
4 they are looking at trying to accelerate the construction of the middle school on this property six
months to save additional costs.
Vice-Chairman Peebles said they have sixteen months, and he does not see that an additional two
weeks will make that much difference. He said they cannot come in here with this kind of project
and have a SPIN meeting the Monday before the P&Z meeting; that is just not right. He said if they
were a developer, the Commission would send them packing so fast their heads would spin. He said
he is willing to have another meeting in December to keep it on the January 4 City Council meeting.
Chairman Creighton said, personally, she does not want to be responsible for schools starting on
staggered dates because that would be a nightmare.
Commissioner Home said he would be willing to meet on a weekend if need be to get this thing
hammered out.
Chairman Creighton asked if one week would allow the homeowners enough time to address these
issues with the school.
Dr. Gillum said they can meet any time between now and midnight on December 17 because that
is when his staffgoes on Christmas break for two weeks. He has people with flight reservations and
keeping them in town is not realistic. He said they presented this plan at a public meeting with the
school board several months ago so there is not anything new on this Site Plan that has not been
public for some time. He said he knows trees are important to this community and at one point when
they were looking at one school on this site, they were trying to figure out how they could also have
a park in order to save some of the trees. However, after the September bond election failed and they
got feedback from the community, the community told them that in this area of town they wanted
two elementary schools and one intermediate school, and they had to change their plans. He said
the acreage is adequate for two schools on this site, but unfortunately the topography is terrible
because it slopes about 30' and there are quite a few trees. He said they will work with the
Landscape Administrator to mitigate the trees. He said there is not enough space to plant all of the
required trees per ordinance so they will be planting trees in other areas of the community or paying
the City as required by ordinance. Regarding lighting, Dr. Gillum said they have home games that
start at 4:00 p.m. and 6:30 p.m., and they have five home football games that will be over by 8:00
p.m. He said they will probably play two or three of those at the big stadium if schedules do not
conflict; they will try to use the other stadium as much as possible. He said next year will be the first
year they will have middle school tennis so they do need the tennis courts on this site, but they could
look at moving them in a little if the engineering allows it. He said the detention pond will be grass
and will be maintained.
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 10 of 18
~" 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
Chairman Creighton asked if the school's engineers will be able to work with the residents to address
the drainage issues. Dr. Gillum said yes but the problem they get into is when bulldozers go over
onto private property, they are technically spending public dollars to do private work so their
attorneys are telling them they cannot do that. He said they will certainly cooperate with the
homeowners to make sure the drainage is accommodated. He said they are willing to work with the
neighbors on fencing.
Mr. Kline said there is a small hump along the property line and they cannot cut drains through that
hump, but if the homeowners want to cut a drain, they can.
Dr. Gillum said City staff contacted his staff regarding the road to the north. He said he really did
not want it there and feels it should not be on their Site Plan. In his opinion though, it would help
their school because traffic could enter offofF. M. 1709 and exit on F. M. 1709.
Chairman Creighton asked Dr. Gillum about the residents who may want to tie into the sewer lines.
Dr. Gillum said as far as the easement itself, that is not a problem. Regarding the cost of it and
building it, he said they cannot do that because they are already over budget. He said they will
certainly work with the homeowners to grant an easement.
Chaimaan Creighton asked Dr. Gillum about the outside broadcast'mg of information or outside bells.
Dr. Gillum said they will investigate noise levels and try not to broadcast any noise off site.
Regarding the bells, he said they will handle that, and it will not be a problem.
Commissioner Shankland asked how many buses the district has. Dr. Gillum said at buildout, they
will have about 90 but right now they have about 65.
Commissioner Shankland asked if Dr. Gillum can guarantee the lights will go offat a certain time
and not stay on all night. Dr. Gillum said he can guarantee that to the extent that equipment does
not malfunction.
(Planning and Zoning Commission meeting, 12-09-99, tape 1, section #7263)
Commissioner Shankland asked if Dr. Gillum will commit that the district will follow the
recommendations of the engineers and do what they say to maintain the water and not let the
drainage be a problem. Dr. Gillum said he will do everything on his part to work with the
homeowners to try to make it right.
Commissioner Sandlin said he lives on 15 acres next to Durham Elementary and the Middle School
and has lived with what these residents are getting ready to live with. He said the lights at Durham
were bad, but the bell and the loudspeakers have really not been a problem. He thinks they have
done a much better job with the Middle School, though. He has not had a problem with kids coming
onto his property, but he has three German Shepherds, too. He said traffic is terrible, and he
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 11 of 18
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
1 sympathizes with the people who live on Kimball Avenue. He said he does not think two weeks is
2 going to kill the school district; he said we have pretty much seen all of the price increases for a
3 while. He wants to give the homeowners the opportunity to sit down with the school district and
4 discuss all of their issues. He said he thinks the Commission needs to do whatever they can because
these homeowners are going to have to live with this school from now on.
The Commission discussed the possibility of tabling them to a meeting in January.
Mr. Killough said as long as the school district can make the changes that are required of them and
give staff time to handle the plans, staff will commit to do whatever they can to make it happen.
Chairman Creighton asked the members of the public if they feel the Commission can iron out the
issues tonight or if they feel it would be productive to table it to a future meeting. She agreed to give
the members of the public time to discuss the issue of tabling this item or going forward tonight.
Chairman Creighton called for a break at 10:42 p.m.
Chairman Creighton called the meeting back to order at 11:07 p.m.
(Planning and Zoning Commission meeting, 12-09-99, tape 2, section #0375)
Chairman Creighton if the residents and the school district came to a resolution.
After discussion, the Commission agreed to hold an extra meeting on January 13 and agreed to table
this item to that meeting.
Pattie Minder said if the homeowners meet on January 6 and meet with the school district on
January 9, they will be ready for the special meeting on January 13.
Motion was made to table ZA 99-120 and to continue the Public Heating to the January 13, 2000,
Planning and Zoning Commission meeting instructing the applicant to take whatever steps are
necessary to address the concerns raised tonight in writing and submit that to the homeowners before
the holidays so they can have time to consider the school district's proposals.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
Sandlin
Peebles, Shankland, King, Horne, Sandlin, Boutte, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-09-99, tape 2, section #0881)
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 12 of 18
1 AGENDA ITEM g6, ZA 99-108, REZON1NG AND REVISED CONCEPT PLAN FOR ST.
2 MARTIN-IN-THE-FIELDS EPISCOPAL CHURCH;
3 AGENDA ITEM gl0, ZA 99-114, REZONING FOR CARROLL MEADOWS;
4 AGENDA ITEM g 11, ZA 99-115, PRELIMINARY PLAT OF CARROLL MEADOWS;
5 AGENDA ITEM gl3, ORDINANCE NO. 480-HH, REVISIONS TO THE COMPREHENSIVE
6 ZON1NG ORDINANCE NO. 480, AS AMENDED, REGARDING REGULATiONS ON OUTSIDE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
STORAGE, OUTSIDE DISPLAY, AND SCREENING;
Motion was made to table ZA 99-108, ZA 99-114, Ordinance No. 480-HH, and ZA 99-115 at the
applicant's request, and to continue the Public Heatings to the January 6, 2000, Planning and Zoning
Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
Shankland
Shankland, King, Home, Sandlin, Boutte, Peebles, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-09-99, tape 2, section g0998)
AGENDA ITEM #7, ZA 99-098, REVISED PRELIMINARY PLAT OF LOTS 1 & 2, BLOCK 61,
'~' 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
TIMARRON ADDITION:
Current Planner Lisa Sudbury presented this item to the Commission for a Revised Preliminary Plat
of Lots 1 & 2, Block 61, Timarron Addition, on property legally described as Lot 1A2A1, Block 1,
Dilg Place Addition, an addition to the City of Southlake, Tarrant County, Texas, and Tract 5D2
situated in the Obediah W. Knight Survey, Abstract No. 899, and being approximately 2.6824. The
property is located on the southwest comer of the intersection of Byron Nelson Parkway and East
Southlake Boulevard (F. M. 1709). The Current Zoning is "PUD" Planned Unit Development
District, being P.U.D. No. 1, Timarron. The Land Use Category is Office Commercial. The Owner
and Applicant is Westerra Timarron, L.P. Nine (9) written notices were sent to property owners
within the 200' notification area, and no responses were received.
Terry Wilkinson presented this item to the Commission. He said he is asking for no variances.
Regarding Item gl, Mr. Killough said the Master Thoroughfare Plan currently calls for 94' of right-
of-way for Byron Nelson Parkway, but this section has been dedicated at 90' and staff agrees the
City does not need additional right-of-way. He noted it would require a variance to Item gl.
Vice-Chairman Peebles asked how many feet away from Byron Nelson Parkway a driveway would
have to be. Mr. Killough said it would be 500'.
Vice-Chairman Peebles asked how many feet it is from Byron Nelson Parkway to the west property
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 13 of 18
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
~ 22
23
24
25
26
27
28
29
line of Lot 2. Mr. Killough said it is 390'.
Vice-Chairman Peebles said he wants to go on record as saying the applicant is revising his plat and
asking for two lots and cannot meet the ordinance to get a driveway offofF. M. 1709 for Lot 1. He
said he does not want to hear compla~ing when they want a common access easement between Lots
1 and 2, and he tells them no because it is too close to the intersection.
Mr. Wilkinson said he will be bringing a Site Plan forward shortly for Lot 2 and will be proposing
a common driveway on the west side of Lot 2 and will not be proposing a driveway for Lot 1 onto
F. M. 1709.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 12-09-99, tape 2, section # 1152)
Motion was made to approve ZA 99-098 subject to Plat Review Summary No. 3, dated December
3, 1999, deleting Item #1 (94' of right-of-way for Byron Nelson Parkway).
Motion:
Second:
Ayes:
Nays:
Approved:
Shankland
King
King, Home, Sandlin, Boutte, Peebles, Shankland, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-09-99, tape 2, section #1175)
AGENDA ITEM #8, ZA 99-111, PRELIMINARY PLAT OF EMERY ADDITION:
30
31
32
33
34
35
36
37
38
39
40
41
42
Current Planner Lisa Sudbuty presented this item to the Commission for a Preliminary Plat of Emery
Addition on property legally described as Tracts 3C, 3C1, 5B1, and 5B2B situated in the Samuel
Freeman Survey, Abstract No. 525, and being approximately 4.47 acres. The property is located on
the northeast comer of the intersection of North Kimball Avenue and State Highway 114. The
Current Zoning is "C-3" General Commercial District and "AG" Agricultural District. The Land
Use Category is Retail Commercial. The Owner and Applicant is Leonard Douglas Emery. Nine
(9) written notices were sent to property owners within the 200' notification area, and no responses
were received.
Leonard Douglas Emery, 1212 7th Street, Justin, Texas, presented this item to the Commission. He
said he is platting this in order to sell Lot 1.
Commissioner Home asked if the purchaser of Lot 1 intends to begin reconstruction on that store
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 14 of 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
lg
19
20
21
,'"' 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
any time soon. Mr. Emery said they have plans to update the store after they purchase it, and they
intend to build a new store after the highway construction is finished.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 12-09-99, tape 2, section #1360)
Commissioner Boutte asked staff about the outside storage at the Texaco station. Mr. Killough said
it has been in use for quite some time, but there is a provision in the ordinance to allow for 5% of
the floor area for outside display of merchandise to be sold.
Vice-Chairman Peebles asked how many feet a driveway for Lot 3 will have to be from the
intersection. Mr. Killough said on an arterial it will be 250' for a full-access driveway, and it can be
reduced to 200' for a right-in/right-out driveway.
Commissioner Sandlin said by the applicant not zoning this property right now, it still leaves the
City a lot of latitude later on.
Vice-Chairman Peebles said every time any applicant is platting property along an arterial on State
Highway 114 or F. M. 1709, he is going to put the applicant on notice that the driveway ordinance
may very well be enforced.
Mr. Killough said he does not recommend granting a variance to Item #2. He said it will prevent
any Final Plat from being submitted on Lot 3 until appropriate zoning has been placed on that
property and will have to meet the regulations of that district.
Motion was made to approve ZA 99-111 subject to Plat Review Summary No. 2, dated December
3, 1999, deleting Item #1 (proper zoning of property).
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Shankland
Home, Sandlin, Boutte, Peebles, Shankland, King, Creighton
None
7-0
Motion carried.
(Pla~ing and Zoning Commission meeting, 12-09-99, tape 2, section # 1526)
AGENDA ITEM #12, ZA 99-117, PLAT SHOWING FOR LOTS 5 & 6, W. R. EAVES NO. 500
41 ADDITION:
42 Current Planner Lisa Sudbury presented this item to the Commission for a Plat Showing of Lots 5
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 15 of 18
1 and 6, W. R. Eaves No. 500 Addition on property legally described as Tracts 3, 3C, and 3C 1 situated
2 in the W. R. Eaves Survey, Abstract No. 500, and being approximately 3.799 acres. The property
3 is located on the southwest comer of the intersection of South Peytonville Avenue and West
4 Southlake Boulevard (F.M. 1709). The Current Zoning is "C-2" Local Retail Commercial District.
5 The Land Use Category is Retail Commercial. The Owner of the property is Conner Lam. The
6 Applicant is Wilson & Stonaker, L.L.C. Eight (8) written notices were sent to property owners
7 within the 200' notification area, and one (1) response was received in favor.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~ 22
23
24
25
26
27
28
29
30
Bill Stonaker (Wilson & Stonaker, L.L.C.) presented this item to the Commission. He said he will
comply with all review comments.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Heating.
(Planning and Zoning Commission meeting, 12-09-99, tape 2, section #1623)
Motion was made to approve ZA 99-117 subject to Plat Review Summary No. 2, dated December
3, 1999.
Motion: Shankland
Second: Home
Ayes: Sandlin, Boutte, Shankland, King, Home, Creighton
Nays: None
Abstain: Peebles
Approved: 6-0-1
Motion carried.
(Planning and Zoning Commission meeting, 12-09-99, tape 2, section # 1644)
AGENDA ITEM #14, ORDINANCE NO. 585-B, REVISIONS FOR THE REGULATIONS OF
31
32
33
34
35
36
37
38
39
40
41
42
TREE PRESERVATION ORDINANCE NO. 585-A:
Malcolm Jackson presented this item to the Commission. He reviewed the amendments with the
Commission. He said the City held a developer's meeting last week and copies of this ordinance
were made available to them at that time. He said two of the members have since requested copies
and those copies were provided. He has received no calls from them. He said he has received no
input from any developers, positive or negative, except for one comment tonight. He said the
developer tonight asked him to add language in Section 6.3 to permit the cutting of underbrush, and
Keith Martin concurred with that recommendation. He said they will be seeking language from the
City Attorney regarding that. He said he very much appreciates the hours and the efforts put forth
by Council member Debra Edmondson, the City Attorney, and Keith Martin.
Regarding the definition of Drip Line on Page 3, Vice-Chairman Peebles suggested adding the
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 16 of 18
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
41
42
43
damaged or deformed, which specifically includes
following highlighted words after the words .... '
When trees ct0se by ~ rem0ved...". Mr. Jackson agreed and said he could add words that address
a relatively uniform canopy. Mr. Jackson agreed to tweak it a little to address his concern.
Commissioner Shankland said he is proud of the fact that there are people working for the City of
Southlake who are so dedicated and do such a fine job because it is ordinances like this that help
make Southlake a better city and a better place to live.
Mr. Jackson said Keith Martin has done a tremendous job in not only working on this ordinance but
educating staff as the ordinance progressed. On numerous occasions, he has seen Mr. Martin
educating and assisting the builders, developers, and citizens. He really attributes the success of the
ordinance to all of Mr. Martin's efforts.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 12-09-99, tape 2, section #2509)
Motion was made to approve Ordinance No. 585-B with the changes discussed tonight and
recommend placement on the next City Council agenda.
Motion:
Second:
Ayes:
Nays:
Approved:
Shankland
Home
Boutte, Peebles, Shankland, King, Home, Sandlin, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-09-99, tape 2, section #2547)
AGENDA ITEM # 15, MEETING ADJOURNMENT:
Chairman Creighton adjourned the meeting at 12:14 a.m. on December 10, 1999.
(Planning and Zoning Commission meeting, 12-09-99, tape 2, section #2551)
Ann Creigh(on
Chairman
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 17 of 18
1
2
3
4
5
6
9
10
11
12
ATTEST:
Lori A. Farwell
Planning Secretary
N:\Community Development\WP-FILES\MTG\MINX 1999\ 12-09-99.DOC
Planning and Zoning Commission Meeting Minutes on December 9, 1999 Page 18 of 18
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
and hereby off oath state the following: [ have a substantial interest in a business enti~ or rea prope~ as aennea m
Chapter 171, Texas Local Gove~ent Code, ~d a vote is to be taken or a decision is to be made that will have a
special econo~c effect on this business enti~ or real prope~. ~e~ ~ ~ q
The agenda item affecting ~is business enti~ or real prope~ is: 61~ ~{~ ~ ~a~n~ ~~
COMPLETE (A) or (B): (A) ~e business entiW is (nme); or.
(B) The real prope~ is located at: N~r ~oc ~ M~ ~ ~
I have a~tial int~St [or ~e foll~ re~ons:~(ch~k all whch~[~e[~
Ownership of 10% or more of the vot~g stocE or ghares of ~e business entiw.
Ownership of I 0% or more or $15,000 or more of ~e fair market value of~e business enti~.
Funds received from the business enti~ exceed 10% of ~oss income for ~c previo~ year.
Real property is involved and I have an equitable or legal ownership of the property with a fair
market value of at least $2,500.
A relative of mine has a substantial interest in the business entity or real property that would
be affected by a decision of the public body of which I am a member.
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision
involving this business entity or real property and from any further participation on this matter by discussion or debate.
Signed this ~1" day of [~¢ ¢ (~ ~ ]~--~ , 19~6~.
of Official
The State of-'l'"¢q.t:X 5, §
County of '~a'-ff~--~,"~ §
B~f2? ~e~ , ~r; o. this day personally appeared
~ ~ ~e~ ~of~ ~ ~own to me (or proved to me on ~e oa~ of or
t~ough (description of identi~ card or o~er document) to be the person whose nme is
subscribed to the foregoing ins~ment and ac~owledged to me ~at he executed the same for ~e p~oses and
consideration therein expressed.
Given under my hand and seal of office this ~ day of ~C~.D.
g ~k ~M STATE OF T~AS ~ .
~ ~Comm, E~.10~7~l ~
~ ......................... Not~ Public.~ and for the State of Texas
H:~LIBRARYIMunicipaI~MERG E~,Conflictoflnterest&ffidavitwpd