1998-02-19 P&Z Meeting 1
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REGULAR PLANNING AND ZONING
COMMISSION MEETING
February 19, 1998
COMMISSION PRESENT: Chairman Joe Wright; Vice-Chairman James Murphy; and
Commissioners Ann Creighton, Rob Jones, F. C. LeVrier, and Lanny Tate
COMMISSION ABSENT: None
CITY STAFF PRESENT: City Attorney Debra Drayovitch, Planner Dennis Killough, Planner
Stefanie Sarakaitis, Staff Engineer Angela Turner, and Community Development Secretary Lori
Farwell
There was no Executive Session or Work Session held.
The meeting was called to order by Chairman Wright at 7:02 p.m.
AGENDA ITEM #2. APPROVAL OF MINUTES:
Chairman Wright opened discussion of the minutes of the February 5, 1998, Planning and Zoning
Commission meeting.
Motion was made to approve the February 5, 1998, Planning and Zoning Commission meeting
minutes, as presented.
Motion: Murphy
Second: Tate
Ayes: Creighton, Murphy, LeVrier, Tate, Jones, Wright
Nays: None
Approved: 5-0
Motion carried.
(Planning and Zoning Commission meeting, 02-19-98, tape 1, section #0024)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
There were no administrative comments by City staff
AGENDA ITEM #8. ZA 98-006. REZON1NG AND SITE PLAN FOR CREEKSIDE OFFICE J/V:
Motion was made to table ZA98-006 and to continue the Public Hearing to the March 5, 1998,
Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Murphy
Tate
Murphy, LeVrier, Tate, Jones, Creighton, Wright
None
Planning and Zoning Commission Meeting Minutes on February 19, 1998 Page 1 of 9
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Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 02-19-98, tape 1, section #0055)
AGENDA ITEM #10. ZA98-010. REZON1NG;
AGENDA ITEM #11. ZA98-011. REZONING. AND
AGENDA ITEM #12. ZA98-012. PRELIMINARY PLAT FOR DOVE SQUARE:
Motion was made at the applicant's request to withdraw ZA98-010, ZA98-01 I, and ZA98-012.
Motion: Murphy
Second: Tate
Ayes: Tate, Jones, Creighton, Murphy, Wright
Nays: None
Abstain: LeVrier
Approved: 5-0-1
Motion carried.
(Planning and Zoning Commission meeting, 02-19-98, tape 1, section #0087)
AGENDA ITEM #4. ZA 97-171. REZONING AND SITE PLAN:
Planner Stefanie Sarakaitis informed the Commission that this request is for a Zoning Change on
property legally described as being Lots 2 and 5, Block D, the remainder of Lots 1 and 6, Block D,
and a portion ora public alley, all being a part of Oak Knolls Lakeview Addition, an addition within
the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-W, Page
51, Plat Records, Tarmnt County, Texas. The property is located on the south side of State Highway
114, between Austin Place and Gatewood Lane. The Current Zoning is "SF-1A" Single Family
Residential District. The Requested Zoning is "S-P-1" Detailed Site Plan District with "O-1" Office
District uses. The Owner and Applicant is Dennis Carpenter. The Land Use Category is Mixed Use.
Ten (10) written notices were sent to property owners, and five (5) responses were received with four
(4) being opposed and one (1) being undecided.
Dennis Carpenter, 2870 Rainforest Court, $outhlake, Texas, presented this item to the Commission.
He stated that he is a financial planner and currently offices in Dallas and would like to move his
office to Southlake. He stated that his request does not involve any construction changes to the
property. He said that he wants to create Swiss Avenue-type offices with chandeliers and hardwood
floors. He stated that he would have five (5) to eight (8) visitors a week. He stated that he met with
the neighbors, and they indicated to him that they do not want an eight-foot (8') screening device.
Mr. Carpenter asked for a variance to Staff Review Comment Item #2a (25' Type I bufferyard), Item
#2b (number of plant materials), Item #4 (sidewalks), Items #5f and 5g (driveway spacing), Item #6
(screening devices), and Items #16a, 16b, and 16c (building setbacks and building square footage).
(Plaiming and Zoning Commission meeting, 02-19-98, tape 1, section #0440)
Planning and Zoning Commission Meeting Minutes on February 19, 1998 Page 2 of 9
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Commissioner Creighton asked staffabout the StaffReview Informational Comment regarding the
65' LDN D/FW Regional Airport Overlay Zone construction requirements and whether or not Mr.
Carpenter will be required to meet those requirements.
Planner Dennis Killough stated there is a possibility Mr. Carpenter would have to meet those
requirements.
Chairman Wright stated that he does not think the Airport Overlay requirements apply to existing
structures.
Mr. Carpenter clarified that he is willing to meet the City's 8' screening requirement, but the
neighbors have expressed to him their desire for no screening device.
Chairman Wright opened the public hearing.
Thomas Reilly, 120 Austin Place, $outhlake, Texas, stated that he thinks it is in the City's best
interest to develop this whole neighborhood at once - not piece by piece. He does not think mixed
development would be that attractive. He also stated that the property would be better used as
commercial property, not office. He stated that he is having conversations with the City regarding
this neighborhood developing as Village Center East, but he has not had time to meet with his
neighbors regarding development.
Cindy Suski, 175 Gatewood Lane, Southlake, Texas, asked which type of zoning is more valuable,
retail commercial or office.
Chairman Wright stated that dollar-wise, retail commercial is probably more valuable.
Ms. Suski stated that she and her neighbors would probably want retail commercial zoning on their
property.
Victor Layton, 2601 Oak Knoll Drive, Southlake, Texas, stated that he would like to see the entire
neighborhood developed as retail commercial or mixed use and would like to see it ail zoned at one
time.
James Saunders, 2701 Oak Knoll Drive, Southlake, Texas, stated that he is opposed to this zoning
request at this time. He asked the Commission for time to meet with his neighbors to see what they
can come up with.
Pete Johnson, 2721 Oak Knoll Drive, Southlake, Texas, stated that he does not like the piece-meal
approach to zoning these properties. He thinks it should be viewed as an all-or-none proposition.
He stated that he is opposed to this zoning request.
Chairman Wright closed the public hearing.
Planning and Zoning Commission Meeting Minutes on February 19, 1998 Page 3 of 9
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(Planning and Zoning Commission meeting, 02-19-98, tape 1, section #1204)
Mr. Carpenter stated that he has three (3) employees.
Commissioner Creighton asked if he intends to lease the other building, and Mr. Carpenter stated
that a CPA is interested in leasing one of the structures. Mr. Carpenter stated that the CPA has one
(1) assistant.
Commissioner LeVrier asked if there is a possibility that either building would be a multi-tenant
facility. Mr. Carpenter stated that it would be very unlikely, but it is a possibility.
Commissioner Jones stated that there is not a substantial investment involved in changing the
existing structures into offices. He stated that this is essentially a holding pattern for these houses
until a use is determined for the entire neighborhood. He stated that granting this zoning change is
not going to have a negative effect on the marketability of the remaining property.
Mr. Reilly stated that he does not want a fence erected on this site. Mr. Wood agreed with him and
stated that a fence would not be good for the neighborhood.
Vice-Chairman Murphy asked if Mr. Carpenter would be willing to limit the permitted uses in the
"O-1" zoning district. He stated that he does not see any reason to allow community facility uses
on this property. Mr. Carpenter agreed to limit the permitted uses.
Chairman Wright stated that since the neighbors have been meeting regarding Village Center East,
he would recommend tabling this item for six (6) weeks to give them sufficient time to meet again
and discuss development of this area. Chairman Wright also suggested that Mr. Carpenter look at
the permitted uses and be prepared to tell the Commission which ones he would be willing to omit.
Motion was made to table ZA97-171 to the April 9, 1998, Planning and Zoning Commission
meeting.
Motion: Murphy
Second: LeVrier
Ayes: Tate, Jones, Creighton, Murphy, LeVrier, Wright
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 02-19-98, tape 1, section #1721)
AGENDA ITEM #5. ZA 97-169. CONCEPT PLAN FOR THE ROOMSTORE:
Planner Stefanie Sarakaitis informed the Commission that this request is for a Concept Plan for Lot
I, Block 2, Village Center Addition, Phase 2, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slides 3095 and 3096, Plat Records, Tarrant
Planning and Zoning Commission Meeting Minutes on February 19, 1998 Page 4 of 9
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County, Texas, and being approximately 2.270 acres. The property is located on the north side of
F.M. 1709 (East Southlake Boulevard), north of the intersection of Miron Drive and F.M. 1709 (East
Southlake Boulevard). The Current Zoning is "C-Y' General Commercial District. The Land Use
Category is Retail Commercial. The Corridor Recommendation is Village Center. The Owner is
The Roomstore. The Applicant is The Boerder Snyder Group. Eight (8) written notices were sent
to property owners within the 200' notification area, and no responses have been received.
Tom James (James Construction Company) 3 771 Townsend Dallas, Texas, presented this item to
the Commission. He stated that he feels that plan submitted meets all of the City's ordinance
requirements and standards.
Vice-Chairman Murphy stated that he recalls the Commission specifically asking the applicant to
move the building in one way or another to meet the minimum stacking depth requirement by
ordinance.
Mr. James stated that they cannot move the building and achieve the highest and best use of the
property. He stated that moving the building forward creates two (2) major problems: 1). restricts
the size of their signage, and 2). moves it right up under a tree that they cannot cut down.
Gene Boerder (Boerder-Snyder Architects), 4514 Cole, Dallas, Texas, stated that the Commission
is essentially telling them to make people park in the backyard which does not make sense.
Commissioner Creighton asked why the applicant is opposed to a two (2) story building. Mr. James
stated that this type of a furniture store cannot function as a two (2) story building.
Vice-Chairman Murphy stated that the Commission asked them to get cars off of F.M. 1709 when
they are doing 45 - 50 mph, and he does not see that the applicant has addressed that concern.
Mr. James stated that they have addressed that concern and provided 100' of stacking if the
Commission would consider that they have provided an additional 70' of stacking on their property.
Mr. James stated that he does not understand because the Commission approved a similar access on
the east side of Village Center.
Mr. Boerder asked for clarification of the difference of the type of driveway on the east side of
Village Center. He asked if this is the same Commission which approved that driveway.
Chairman Wright asked staffto clarify where it states in the ordinance that stacking depth must be
in a straight line. Planner Dennis Killough stated that the Appendices has an exhibit which
demonstrates how to measure stacking depth.
Mr. James asked staffto clarify where it states in the ordinance that stacking depth must be in a
straight line. Mr. Killough stated that the ordinance reads that it is measured from the R.O.W. line
and terminates before intersecting any internal circulation drive.
Planning and Zoning Commission Meeting Minutes on February 19, 1998 Page 5 of 9
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Vice-Chairman Murphy stated that the east-west drive is clearly an internal circulation drive.
Commissioner Creighton stated that she does not think the problem is that people are causing back-
ups onto F.M. 1709 because they are trying to park as much as they have caused those back-ups
because they cannot pull in a sufficient distance and others cannot pull in behind them, before they
have the opportunity to make a tum.
Chairman Wright stated that normally a stacking problem is not caused by cars stacking because they
are trying to park, it is because they are waiting for someone to back out of a parking space.
Mr. Boerder stated that the ordinance asks for 69 parking spaces on this site. He stated that those
spaces will never be filled; a furniture store does not need that many spaces. Therefore, he does not
ever foresee a parking problem which would cause cars to stack.
Chairman Wright opened the public heating. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Motion was made to deny ZA97-169.
Motion: Murphy
Second: Creighton
Ayes: Jones, Creighton, Murphy, LeVrier, Tate, Wright
Nays: None
Approved: 6-0 (to deny)
Motion carried.
(Planning and Zoning Commission meeting, 02-19-98, tape 1, section #2712)
Chairman Wright called for a recess at 8:29 p.m.
Chairman Wright called the meeting back to order at 8:39 p.m.
AGENDA ITEM #6. ZA 98-003. REZONING:
Planner Stefanie Sarakaitis informed the Commission that this request is for a Zoning Change on
property legally described as approximately 4.005 acres situated in the Thomas M. Hood Survey,
Abstract No. 706, and being Tract 3D. The property is located at 1425 North Peytonville Avenue,
being on the east side of North Peytonville Avenue and being approximately 600' south of the
intersection of Coventry Lane and North Peytonville Avenue. The Current Zoning is "AG"
Agricultural District. The Requested Zoning is "SF-1A" Single Family Residential District. The
Owners are Don W. Moilan, Jr., and Mary E. Moilan. The Applicant is Darrell Lake. The Land Use
Category is Low Density Residential. Eighteen (18) written notices were sent to property owners
within the 200' notification area, and nine responses were received with three (3) being opposed,
three (3) being in favor, and three (3) being undecided. Seven (7) responses were received from
property owners outside the 200~ notification area with six (6) being opposed and one (1) in favor.
Planning and Zoning Commission Meeting Minutes on February 19, 1998 Page 6 of 9
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Darrell Lake, 1308 Houston Court, Southlake, Texas, presented this item to the Commission. He
stated that he and his wife have the three (3) acres under contract. He stated that his goal for the
property includes a residential estate setting with a gate entry offof Peytonville. He intends to plant
additional evergreens at the entrance to the property. He stated that he would set the house back on
the property approximately 800'. He stated that he would not hesitate to deed restrict the property
to one (1) house. He stated that there are two (2) rows of Live Oak trees approximately 25' apart
which he intends to keep and place his driveway down the middle of them.
Chairman Wright opened the public hearing.
Laura Hill, 1601 Kings Court, Southlake, Texas, stated that her property is adjacent to the property
being rezoned. She stated that she was required in Coventry's deed restrictions to place a wrought
iron fence on her property. She stated that if this request is approved, she will be looking at a
driveway as she drives down Kings Court which is why she opposed this request. She stated that
Mr. Lakes' property is very visible from her cul-de-sac. She stated that she wishes the Moilans and
the Lakes could share a driveway. She would like to have more information about the improvements
to the property.
Todd Murphy, 1600 Kings Court, Southlake, Texas, stated that he just wants to maintain the
investment he made in his property. He stated that before tonight he had no idea what the house was
going to look like. He stated that he met with Mr. Lake before the meeting and reviewed his plans.
Chairman Wright closed the public hearing.
Motion was made to approve ZA98-003.
Motion: Murphy
Second: LeVrier
Ayes: Creighton, Murphy, LeVrier, Tate, Jones, Wright
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 02-19-98, tape 1, section #3441)
AGENDA ITEM #7. ZA 98-008. PLAT SHOWING FOR LOTS 11 AND 12. T.M. HOOD NO. 706
ADDITION:
Planner Stefanie Sarakaitis informed the Commission that this request is for a Plat Showing of Lots
11 and 12, T. M. Hood No. 706 Addition on property legally described as approximately 4.005 acres
situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract 3D. The property is
located at 1425 North Peytonville Avenue, being on the east side of North Peytonville Avenue and
being approximately 600' south of the intersection of Coventry Lane and North Peytonville Avenue.
The Current Zoning is "AG" Agricultural District. The Land Use Category is Low Density
Residential. The Owners of the property are Don W. Moilan, Jr. and Mary E. Moilan. The
Planning and Zoning Commission Meeting Minutes on February 19, 1998 Page 7 of 9
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Applicant is Darrell Lake. Eighteen (18) written notices were sent to property owners within the
200' notification area, and five (5) responses were received with three (3) being in favor and two
(2) opposed.
Darrell Lake, 1308 Houston Court, Southlake, Texas, presented this item to the Commission. He
offered to place a small berm on the north side of his property adjacent to Kings Court which will
help conceal his driveway.
Vice-Chairman Murphy stated that Mr. Lake does not meet the 100' lot width requirement (Item $$9).
Mr. Lake stated that he feels he could acquire some additional frontage from the Moilans in order
to meet the 1 Off lot width requirement, but the lots would look exactly the same. He would place
the driveway in the same location, etc.
Chairman Wright opened the public hearing.
Laura Hill, 1601 Kings Court, Southlake, Texas, stated that she would like some guarantee regarding
the commitments Mr. Lake made tonight. She stated that she likes the berm idea with the plantings
he described.
Chairman Wright closed the public hearing.
Motion was made to approve ZA98-008, subject to Plat Review Summary No. 1, dated February
13, 1998, deleting Item $$9 (100' lot width) allowing the plat as shown.
Motion: Murphy
Second: Jones
Ayes: Murphy, LeVrier, Tate, Jones, Creighton, Wright
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 02-19-98, tape 1, section #4124)
AGENDA ITEM #9. ZA 98-009. REVISED FINAL PLAT FOR CAMBRIDGE PLACE. PHASE
Planner Stefanie Sarakaitis informed the Commission that this request is for a Revised Final Plat for
property legally described as being Tract 2 situated in the J.W. Hale Survey, Abstract No 803, and
being Tracts 6A, 6Al, 6B, and 6BI, situated in the John Freeman Survey, Abstract No. 529, and
being approximately 47.706 acres. This plat proposes 76 residential lots and 1 common area. The
property is located with a portion of the plat is west and adjacent to Cambridge Place, Phase I, and
a portion of the plat is south and adjacent to Cambridge Place, Phase I. The Current Zoning is
"SF-20A" Single Family Residential District The Land Use Category is Medium Density
Planning and Zoning Commission Meeting Minutes on February 19, 1998 Page 8 of 9
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Residential. The Owner of the property is Terra/Cambridge, Ltd. The Applicant is Goodwin and
Marshall, Inc.
Paul Spain (Terra Land Development Company) 920 Peytonville Avenue, Southlake, Texas,
presented this item to the Commission. He asked the Commission to approve the plat as shown
and accept the variances to the building setback lines (Item #9).
Motion was made to approve ZA98-009, subject to Plat Review Summary No. 1, dated February
13, 1998, accepting the plat as shown, specifically Item #3 (building setbacks).
Motion: Murphy
Second: Tate
Ayes: LeVrier, Tate, Jones, Creighton, Murphy
Nays: None
Abstain: Wright
Approved: 5-0-1
Motion carried.
(Planning and Zoning Commission meeting, 02-19-98, tape 1, section #4326)
AGENDA ITEM #13. VILLAGE CENTER EAST CIRCULATION STUDY:
The applicant requested to table this item to the March 5, 1998, Planning and Zoning Commission
meeting prior to the posting of the agenda.
AGENDA ITEM #14. MEETING ADJOURNMENT:
Chairman Wright adjourned the meeting at 9:21 p.m. on February 19, 1998.
(Planning and Zoning Commission meeting, 02-19-98, tape 1, section #4367)
ATTEST:
Lori A. Farwell
Community Development Secretary
Planning and Zoning Commission Meeting Minutes on February 19, 1998 Page 9 of 9
THE STATE OF TEXAS *
COUNTY OF "-~ £ Fo~ ~,~ *
make this affidavit and hereby on oath state the following: I, and/or a person or persons related
to me, have a substantial interest in a business entity that would be peculiarly affected by a vote
or decision of the ~a~2*~g -~h[?~v~, ~; ~ 7~ ~oofc~s those terms are defined in
Chapter 171, Texas Local Government Code.
The business entity is [/~l~r(R [ ~/14&f-FCa; ~_~, ~
(ad.ess))
I have a substantial interest in this business entity for the following reasons: (cheek all which are
applicable)
__.Ownership of 10% or more of the voting stock or shares of the business entity.
__ Ownership of 10% or more or $5,000 or more of the fair market value of the
business entity.
Funds received from the bu.sJ~ess entity exceed 10% of gross income for the
previous year.
Real property is involved and have an
equitable or legal ownership with a fair market value of at least $2,500.
__A relative of mine has a substantial interest in the business entity or 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 and from any further participation on this matter
whatsoever.
Signed this ~Jcg,. day of
Title
BEFORE ME, the undersigned authority, this day personally appeared ~ ~,OF,'~ ~
on oath stated that the facts heminabove stated are true to the best of.__..~ knowledge or
belief.
Sworn to and subscribed to before me on this ~Lt~ day of ~}Oat'-C~
My Commission Expires:
Notary Public in and for the State of Texas
Type/Print Notary's Name
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