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REGULAR PLANNING AND ZONING
COMMISSION MEETING
May 7, 1998
COMMISSION PRESENT: Chairman Joe Wright; and Commissioners Ann Creighton, Rob Jones,
F. C. LeVrier, and Lanny Tate
COMMISSION ABSENT: Vice-Chairman James Murphy
CITY STAFF PRESENT: City Attorney Debra Drayovitch, Community Development Director
Greg Last, Zoning Administrator Karen Gandy, Senior Planner Dennis Killough, Senior Planner
Chris Carpenter, and Community Development Secretary Lori Farwell
The Work Session started at 6:28 p.m. and ended at 6:47 p.m. The Commission discussed the
agenda for the Regular Meeting.
There was no Executive Session held.
The meeting was called to order by Chairman Wright at 7:04 p.m.
AGENDA ITEM #2. APPROVAL OF MiNUTES:
Chairman Wright opened discussion of the minutes of the April 23, 1998, Planning and Zoning
Commission meeting.
Motion was made to approve the April 23, 1998, Planning and Zoning Commission meeting
minutes, as presented.
Motion: Creighton
Second: LeVrier
Ayes: Creighton, LeVrier, Tate, Jones, Wright
Nays: None
Approved: 5-0
Motion carried.
(Planning and Zoning Commission meeting, 05-07-98, tape 1, section #0025)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
Community Development Director Greg Last thanked Chairman Wright for his many years of
service on the Commission and extended an offer from the Community Development Department
to take he and his wife to lunch.
Commissioner LeVrier abstained from Agenda Item #4, ZA 98-024, because his architectural firm
is serving as a project consultant.
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 1 of 19
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AGENDA ITEM #4. ZA 98-024. REZONING AND CONCEPT PLAN FOR THE REMINGTON:
Senior Planner Chris Carpenter informed the Commission that this request is for a Zoning Change
on property legally described as Tracts 4F, 4Fl, 5A1B, 6Al, and a portion of Tract 6B situated in
the Jesse G. Allen Survey, Abstract No. 18, and being approximately 22.093 acres. A Concept Plan
for The Remington will be considered with this request. The applicant submitted an Amended
Request for a Zoning Change on property legally described as Tracts 4F, 4Fl, 5A1B, 6Al, and a
portion of Tract 6B situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately
22.558 acres. The property is located south of the intersection of West Southlake Boulevard (F.M.
1709) and West Jellico Circle. The Current Zoning is "AG" Agricultural District and "CS"
Community Service District. The Requested Zoning is "S-P-2" Generalized Site Plan District for
senior adult living complex to include tri-plex and quadra-plex villas, personal care facility, nursing
care facility, and senior multi-family units. The Owner and Applicant is Lifestyles, Inc. The Land
Use Category is Public/Semi-Public and Low Density Residential. For the first notification, thirteen
(13) written notices were sent to property owners within the 200' notification area, and two (2)
responses were received with one (1) undecided and one (1) in favor. For the second notification,
thirteen (13) written notices were sent to property owners within the 200' notification area, and two
(2) responses were received with one (1) being undecided and one (1) being in favor. A petition in
favor was received from the Southlake Seniors; there was a total of thirty (30) signatures.
David Hanna (Southwest Senior Care) 200 West Mill Valley, Colleyville, Texas, presented this item
to the Commission. He introduced the following people related to this project: Mark Tolson (Peter
W. Galier and Associates), Diana Hansen (Lifestyles, Inc.), and Jackie Fluitt (Washington and
Associates). Mr. Hanna stated that the project is designed specifically for seniors and will be age-
restricted to those 55 and above. Mr. Hanna stated that they will comply with all of the StaffReview
Comments but stated that he would like to further discuss the parking requirements listed in Item
~4. He said that operationally they have sufficient parking, but if required, they can meet the parking
requirements.
Commissioner Creighton asked how they intend to age-restrict this facility. Mr. Hanna stated that
they will make it part of their operational policy at the outset; he said it does not cause any problems
if it is done at the outset. Commissioner Creighton stated that she recalls when the Commission was
considering an assisted living facility ordinance, they were not able to incorporate an age-restriction.
She recalled that anyone needing an assisted living facility would be able to live there.
Zoning Administrator Karen Gandy asked the Commission to proceed for the time being to give her
time to address Commissioner Creighton's concern.
Chairman Wright opened the Public Hearing.
Charles Slaton, 2813 Southlake Boulevard, Southlake, Texas, stated that he and his mother live
adjacent to this property on the west side. He stated his concerns regarding the proximity of his
existing driveway to the proposed street. He asked if his driveway could be stubbed onto the new
street instead of leaving it stubbed onto F.M. 1709.
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 2 of 19
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Chairman Wright stated that he would need to speak to the applicant regarding his driveway.
PatMcCowen, 812 Mills Lane, Irving, Texas, spoke in favor of this application. He stated he has
known Ernest and Joyce Owen for over 20 years. He said the Ernest Owen has been a builder and
developer in Irving for many years and all of his properties are well-maintained and have been good
projects. He described Ernest as being a loyal friend who is trustworthy and dependable. He said
that the community has a responsibility to take care of the elderly in their housing needs and service
needs. As a home builder in Southlake, Mr. MacCowen stated that he has been asked many times
by his clients if there is housing close by for their elderly parents. He also pointed out that this
development will not further burden the school system.
Wayne Haney (SPIN Representative #15) 400 Brock Drive, Southlake, Texas, stated that there has
been one (1) SPIN meeting and several phone calls to the Owens' and to Ms. Hansen regarding this
facility. He stated that the general feeling from residents he has spoken to is favorable; he has not
received any calls in opposition. He stated that any apprehension stems from whether or not the
facility will look the way it has been described. He stated that he has already received calls from
residents wanting to get their parents in this facility. He stated that people living on Union Church
have complained for years regarding drainage problems stemming from the expansion of Southlake
Boulevard; this will be a great opportunity to solve their problem.
Josh Weiser (President of Southlake Seniors) stated that he moved to Southlake from Cincinnati to
be close to his daughter and grandchildren. He stated that he will need a facility such a this someday
and would like to see one in Southlake so he can stay close to his family. He stated that the
developers of this facility came to a Southlake Seniors meeting and discussed their proposal with
the seniors. Mr. Weiser stated that the developers have kept the seniors informed of any changes
over the months. He stated that the primary unanswered question is regarding the cost of the
residences at this facility. They have told him the cost will depend on the City's requirements. He
asked the Commission to only require what is important and not to add items that the seniors will
have to pay for.
Dick Johnston (Chairman of the Senior Advisory Committee) 139 Jellico Circle, Southlake, Texas,
stated that the Senior Advisory Committee is very much in favor of this facility. He said that there
are 1,200 registered voters who are seniors in the City of Southlake. He stated that it is ironic that
the "Southlake Senior of the Year" is a woman who is required to live in Trophy Club because she
cannot maintain a single family residence, and there is no facility in Southlake for her to live.
DavidMcMahan, 1335 Hidden Glen, Southlake, Texas, stated that he is in favor of this facility. He
said that he has aging parents who will need a facility such a this someday in the future. He asked
that the Commission approve this application.
Jack Weisman, 2607 W Southlake Boulevard, Southlake, Texas, stated that the contact he has had
with the applicant to date has been very positive. He stated that he is in support of this application.
His primary concern is bufferyards.
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 3 of 19
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Commissioner Jones thanked Mr. Weisman for voicing his support for this application. He stated
that so much of the time, residents only attend the meetings to voice their opposition to a particular
matter.
Chairman Wright closed the Public Hearing.
Regarding Commissioner Creighton earlier concern, City Attorney Debra Drayovitch stated that
when the ordinance was being drafted, there was a concern on behalf of the City regarding the Fair
Housing Act. She stated that the concern at that time was that the City could age-restrict a senior
community with multi-family villas and living units, but there was a concern regarding age-
restricting the nursing homes and the assisted living facilities.
Ms. Drayovitch said that in speaking to the applicant's representative, they advised her that while
the City cannot age-restrict, they (the applicant) can under existing State laws. She said that the
Commission could include that in a motion or an ordinance if the applicant agreed to impose certain
restrictions. Ms. Drayovitch stated that she is not familiar with the State laws regarding nursing
homes or assisted care facilities.
Commissioner Creighton asked if the City has the ability to restrict the multi-family units to ensure
that the people living in them would not have children. Ms. Drayovitch stated that the City does
have that ability if it is age-restricted to 62 and above. Ms. Drayovitch stated her understanding of
the Fair Housing Act is that if it is age-restricted to 55, there is an 80% requirement; that is not to
say that the owner could not further restrict it, though.
Chairman Wright asked if it would be possible for the applicant to place deed restrictions (with the
age-restriction listed) on the property and state in the deed restrictions that the applicant could not
change those restrictions without the City's approval.
Commissioner Creighton stated that if what was listed in the deed restrictions violated the
Constitution, then it would not be enforced.
Commissioner Creighton asked what would happen if this applicant, who is offering to age-restrict,
sells the property; would the new owner be required to age-restrict also?
Ms. Drayovitch stated that the "S-P" zoning will be for a senior care facility and will have those
conditions as a part of the ordinance.
Commissioner Jones stated that he notes several City Council members present and if anyone plans
to oppose this project at a later date, he asked that they please address their objections in front of all
of these seniors. He noted that no one came forward in opposition.
Chairman Wright asked the applicant his opinion of deed restricting this property with the age-
restriction listed. Mr. Hanna stated that they are committed to age-restrict this project unless there
is some legal issue involved. He would like the opportunity to discuss this with his legal counsel.
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 4 of 19
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Commissioner Creighton stated that when she is 55, she will still have dependent children. Mr.
Hanna stated that most of the residents will be from their mid-seventies on up. He stated that
operationally, they do not want dependent children living at the facility and they will operationally,
restrict that, also.
Chairman Wright asked Mr. Hanna if he is proposing to place deed restrictions on the property
limiting the age to 55 or older and requiring the City's approval before those deed restrictions could
be changed subject to Mr. Hanna's legal counsel. Mr. Hanna agreed and stated that they would have
time between this meeting and the City Council meeting to discuss this with their legal counsel.
Mr. Hanna stated that they would be happy to work with the Slaton's regarding placement of their
driveway on the proposed street.
Mark Tolson (Peter ~K. Galier and Associates) 500 King George Drive, Fort Worth, Texas, stated
that since they are using "MF-2" as a guideline (Review Item #2), they are in compliance with the
required floor area for personal care facilities and with the nursing facilities, but they are not in
compliance with the assisted care portion because it requires smaller individual dwelling spaces.
Motion was made to approve ZA 98-024 subject to Concept Plan Review Summary No. I, dated
May 1, 1998, deleting Items #2 and #4 and allowing parking as shown; acknowledging that the
applicant has agreed to age restrict the property to age 55 and above; acknowledging the applicant's
agreement to work with the Slayton's and provide a curb cut and approach if they desire; and
accepting the applicant's committment to deed restrict the property to age 55 and above which
cannot be change without the City's approval.
Motion: Jones
Second: Tate
Ayes: Tate, Jones, Wright
Nays: Creighton
Abstain: LeVrier
Approved: 3-1-1
Motion carried.
(Planning and Zoning Commission meeting, 05-07-98, tape 1, section #2068)
Chairman Wright called for a break at 8:14 p.m.
Chairman Wright called the meeting back to order at 8:25 p.m.
Chairman Wright stepped down from Agenda Item #5, ZA 98-025, and Agenda Item #6, ZA 98-038,
and Commissioner Tate presided.
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 5 of 19
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AGENDA ITEM #5. ZA 98-025. REZONING AND SITE PLAN FOR WALGREEN'S:
Senior Planner Chris Carpenter informed the Commission that this request is for a Zoning Change
on property legally described as a portion of Tract 5D2 situated in the Obediah W. Knight Survey,
Abstract No. 899, and Lot 1A2AI, Block 1, Dilg Place Addition, an addition to the City of
Southlake, Tarrant County, Texas, Tarrant County, Texas, and being approximately 1.818 acres.
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 "P.U.D." Planned Unit Development
District, being P.U.D. No. 1, Timarron. The Requested Zoning is "C-2" Local Retail Commercial
District. The Land Use Category is Office Commercial. The Owner is Westerra Timarron. The
Applicant is Lincoln Property Company. Six (6) written notices were sent to property owners within
the 200' notification area, and no responses were received.
John Drews (Drews Realty Group) 580 Commerce, Suite 400, Southlake, Texas, presented this item
to the Commission. He introduced the following people related to this project: Warren Hagan
(Engineer); Susan Eck (Architect, 0 'Brien & Associates); and David Lewis (Lincoln Properties).
He stated that Walgreen's will not sale beer or wine. He asked for variances to StaffReview Item
# 1 (south and west horizontal articulation); Item #3a (throat depths); and Item #4 (off-street loading
area screening).
Commissioner LeVrier asked Mr. Drews what his plans are for the northwest driveway (right-
in/right-out) in relation to the adjacent site. He said if we visualize what will happen in the future
with the next property, then it might lend itself to create a solution to the present situation regarding
the throat depth. Mr. Drews stated that he intends to put an office building on the next lot with
parking behind it.
Commissioner Creighton stated her concern regarding lack of the minimum throat depth required
in Item #3a for the right-in/right-out driveway on F.M. 1709.
Commissioner Jones stated that he does not have as much concern regarding the throat depth on the
northwest driveway as he does on the southeast driveway.
Commissioner LeVrier asked if this plan shows one ofWalgreen's prototypical stores and, possibly,
if there was a smaller store. Susan Eck stated that this is Walgreen's smallest store.
Senior Planner Dennis Killough stated that an item was accidentally omitted from the Staff Review
Comments regarding the right-in/right-out driveway which is required to be a minimum of 500' from
the intersection of F.M. 1709 and Byron Nelson Parkway.
Commissioner Jones stated that he understood from Director Last that during the land-swapping
which went on in this area, the City agreed to this right-in/right-out driveway exactly where it is
located on this plan. Mr. Killough stated that was his understanding, too.
Commissioner Tate opened the Public Hearing.
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 6 of 19
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Karen Cienki, 803 Shadow Glen Drive, Southlake, Texas, stated her opposition to this request. She
stated that the City owns approximately 14 acres south of the proposed Walgreen's which would be
a prime location for a library, a fine arts center, and the permanent senior citizens center. She said
she does not think Southlake residents would want to come out a fine arts exhibit and look to the
north into a loading dock. She said it does not fit into what she would like to see happen with the
City property. She said this building is too intense for this piece of land. She said Walgreen's needs
to be at a major intersection. She asked the Commission if they do decide to approve this request,
to please include an 8' berm on the south side with vegetation so that in approximately 5 years, the
loading dock will not be seen. She also asked that Lincoln Properties work with Ben Henry and rent
a tree mover to move the two (2) large oak trees from this property and relocate them to Bob Jones
Park.
ArtSorenson, 1201 OakRidge Court, Southlake, Texas, agreed with Ms. Cienki on most everything
she said. Regarding the City's property, he asked that the Commission preserve the capability to
maintain a campus-like environment on that property. He endorsed the idea of extensive screening
and berming to shelter it.
Cynda Mast, 2415 Taylor Street, Southlake, Texas, stated her opposition to this request. She said
that she wants a library and cultural center on the City-owned property. She said that this
Walgreen's simply does not fit and the number of variances show that. She would like to see offices
go on this comer property.
David Lewis stated that Walgreen's has a history of working with neighborhoods and cities. He said
that Walgreen's recently built a store in Haltom City, and Walgreen's agreed to pay half the cost of
moving several large trees to a local park. Mr. Drews stated that he will personally commit to
moving those oaks trees, and Mr. Lewis stated that he will work with him.
Art Sorenson asked if this proposed building is truly architecturally compatible with the buildings
on the east side of Byron Nelson Parkway. He stated that he sees an extensive span of flat roof.
Susan Eck stated that the east side and the north side of the building are very compatible with the
buildings across the street; she patterned it after them. She said the south side and the west side of
the building will not be seen from the two (2) major streets.
Commissioner Creighton stated that she has already voiced her concerns regarding the stacking
depth offofF.M. 1709, and she does not see a solution which leads her to believe that perhaps this
building is simply not right for this tract of land.
Commissioner LeVrier stated that architecturally he believes it is similar to the buildings across the
street and he understands that this is the smallest prototypcial Walgreen's, but with the variances
being requested, he does not feel it will get far at City Council. He suggested that Mr. Drews and
his engineer and his architect restudy this site in order to limit the number of variances being
requested.
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 7 of 19
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Commissioner Tate closed the Public Hearing.
Commissioner Jones agreed with Commissioner LeVrier and stated that he would not be opposed
to Mr. Drews tabling this item to take another look at it.
Mr. Drews thanked the Commission for their input and stated that he would agreeable to table this
item to the June 4, 1998, meeting.
Motion was made at the applicant's request to table ZA 98-025 to the June 4, 1998, Planning and
Zoning Commission meeting.
Motion: Creighton
Second: LeVrier
Ayes: Jones, Creighton, LeVrier, Tate
Nays: None
Abstain: Wright
Approved: 4-0-1
Motion carried.
(Planning and Zoning Commission meeting, 05-07-98, tape 1, section #4510)
AGENDA ITEM #6. ZA 98-038. REVISED PRELIMINARY PLAT OF LOTS 1 & 2. BLOCK 61.
TIMARRON ADDITION. PHASE V:
Motion was made at the applicant's request to table ZA 98-038 and to continue the Public Hearing
to the June 4, 1998, Planning and Zoning Commission meeting.
Motion: Creighton
Second: Jones
Ayes: Creighton, LeVrier, Jones, Tate
Nays: None
Abstain: Wright
Approved: 4-0-1
Motion carried.
(Planning and Zoning Commission meeting, 05-07-98, tape 1, section #4531)
Chairman Wright resumed chairmanship of the meeting.
Chairman Wright stated that the applicant for Agenda Item #7, ZA 98-030, has submitted a letter to
withdraw the zoning portion of the case, but would like to proceed with the Site Plan.
AGENDA ITEM #7. ZA 98-030. REZONING AND SITE PLAN FOR LOT 5R. BLOCK 1.
MIRON ADDITION:
Motion was made at the applicant's request to withdraw the zoning portion of ZA 98-030.
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 8 of 19
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Motion:
Second:
Ayes;
Nays:
Abstain:
Approved:
LeVrier
Tate
LeVrier, Tate, Jones, Creighton
None
Wright
4-0-1
Motion carried.
(Planning and Zoning Commission meeting, 05-07-98, tape 1, section #4640)
AGENDA ITEM #7. ZA 98-030. REZONING AND SITE PLAN FOR LOT 5R. BLOCK 1.
MIRON ADDITION:
Senior Planner Chris Carpenter informed the Commission that this request is for a Zoning Change
on property legally described as approximately 0.47 acres being a portion of Lot 4R, Block 1, Miron
Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded
in Cabinet A, Slide 3901, Plat Records, Tarrant County, Texas, and a Site Plan on property legally
described as being a portion of Lot 4R, Block 1, Miron Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3901, Plat
Records, Tarrant County, Texas, and Lot 5, Block 1, Miron Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1252, Plat
Records, Tarrant County, Texas, and being a total of approximately 1.495 acres. The applicant
withdrew the Zoning portion of this application but wanted to proceed with the Site Plan portion.
The property is located on the southwest comer of the intersection of Miron Drive and East
Southlake Boulevard (F.M. 1709). The Current Zoning is "C-2" Local Retail Commercial District.
The Land Use Category is Office Commercial. The Owner and Applicant is Martin W. Schelling,
Tmstee. Nine (9) written notices were sent to property owners within the 200' notification area, and
no responses were received.
Martin $chelling, 2665 N. White Chapel Boulevard, Southlake, Texas, presented this item to the
Commission. He stated that he wanted to add parking to this site, and he discovered that in order
to get a parking lot permit, he had to have a Site Plan. Since this property never had a Site Plan, he
stated he needs to go through the approval process.
Senior Planner Dennis Killough stated that with the withdrawal of the zoning portion, no bufferyard
requirements would be in effect so Item #2 should be deleted.
Mr. Schelling asked for a variance to Item #3 (parking islands) and Item #4 (driveway situations
which are existing).
Regarding the northwest driveway listed in Item #4d, Mr. Schelling stated that he has an agreement
with the City that all construction traffic for the water tower is to use this driveway and not Miron
Drive; he also agreed to close this driveway once the water tower is constructed.
Chairman Wright opened the Public Hearing.
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 9 of 19
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Gary Miron, 175 Miron Drive, Southlake, Texas, said that the extra parking is needed primarily due
to Mr. Lee's students coming in at 5:00 and people are parking everywhere and anywhere right now.
Chairman Wright closed the Public Hearing.
Motion was made to approve ZA 98-030 subject to Site Plan Review Summary No. 1, dated May
1, 1998, allowing Items #3, 4a, 4b, 4c as shown and allowing Item #4d to remain until construction
is complete on the City water tower.
Motion: Tate
Second: Jones
Ayes: Tate, Jones, Creighton, LeVrier
Nays: None
Abstain: Wright
Approved: 4-0-1
Motion carried.
(Planning and Zoning Commission meeting, 05-07-98, tape 1, section #5742)
Chairman Wright called for a break at 9:55 p.m.
Chairman Wright called the meeting back to order at 10:09 p.m.
AGENDA ITEM #8. ZA 98-031. PLAT REVISION FOR THE PROPOSED LOTS 4R1 AND 5R.
BLOCK 1. MIRON ADDITION:
Motion was made to withdraw ZA98-031 at the applicant's request.
Motion: Creighton
Second: LeVrier
Ayes: Jones, Creighton, LeVrier, Tate
Nays: None
Abstain: Wright
Approved: 4-0-1
Motion carried.
(Planning and Zoning Commission meeting, 05-07-98, tape 1, section #5795)
AGENDA ITEM #9. ZA 98-032. REZONING OF LOT 1. BLOCK 1. ROUGEMONT:
Senior Planner Chris Carpenter informed the Commission that this request is for a Zoning Change
on property legally described as Lot 1, Block 1, Rougemont, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1605, Plat Records,
Tarrant County, Texas, and being approximately 14.782 acres. The property is located on the east
side of North Peytonville Road approximately 200' south of the intersection of Brittany Court and
North Peytonville Road. The Current Zoning is "AG" Agricultural District. The Requested
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 10 of 19
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Zoning is "RE" Residential Estate District. The Land Use Category is Low Density Residential.
The Owners and Applicants are Sharon and Yves Meyer. Twenty (20) written notices were sent
to property owners within 200' notification, and six (6) responses were received with three (3)
being in favor, two (2) being undecided, and one (1) being opposed
Sharon Meyer, 1925 3~ Peytonville Avenue, Southlake, Texas, presented this item to the
Commission. She stated that her reason for rezoning her property is to limit the intensity of
development adjacent to her property. She has not applied for a replat and is not intending to
anytime soon.
Chairman Wright opened the public heating.
Robert dones, 1065 Brittany Court, Southlake, Texas, stated that his property is adjacent to Ms.
Meyers' property. He has no objection to her zoning change provided she does not place any
roadways along their back fence.
Chairman Wright closed the public hearing.
Commissioner Creighton asked Ms. Meyer if she is planning to put a road behind Brittany Court.
Ms. Meyer stated that she is not intending to put a road there.
Motion was made to approve ZA 98~032.
Motion: Tate
Second: Jones
Ayes: Creighton, LeVrier, Tate, Jones, Wright
Nays: None
Approved: 5-0
Motion carried.
(Planning and Zoning Commission meeting, 05-07-98, tape 1, section #6281)
AGENDA ITEM #10. ZA 98-033. REZON1NG AND SITE PLAN FOR WHITE'S CHAPEL
METHODIST CHURCH:
Senior Planner Chris Carpenter informed the Commission that this request is for a Zoning Change
on property legally described as Tracts 5G, 5Gl, and 5H situated in the O.W. Knight Survey,
Abstract No. 899, and being approximately 10.875 acres, and a Site Plan on property legally
described as Tracts 5G, 5Gl, and 5H situated in the O.W. Knight Survey, Abstract No. 899, and Lot
1, Block A, White Chapel Methodist Church Addition, an addition in the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Volume 388-204, Page 12, Plat Records, Tarrant
County, Texas, and being a total of approximately 15.53 acres. The property is located on the east
side of South White Chapel Boulevard approximately 300' south of East Southlake Boulevard (F.M.
1709). The Current Zoning is "AG" Agricultural District and "CS" Community Service District.
The Requested Zoning is "CS" Community Service District. The Land Use Category is
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 11 of 19
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Public/Semi-Public. The Owner of the property is White's Chapel United Methodist Church. The
Applicant is Tie Davis-J. Murray Smith, Amhitects. Seventeen (17) written notices were sent to
property owners within the 200' notification area, and one (1) response was received which was in
favor.
Tie Davis (Tie Davis-~ Murray Smith Architects') 3106 Fairmont, Dallas, Texas, presented this item
to the Commission. Regarding placement of a sidewalk (Item #4), he stated that there is a very steep
hill where it would be placed, and it would also go through the cemetary. He stated he does not see
the practicality of placing a sidewalk on this property.
Commissioner Creighton questioned if the Commission could handle the sidewalk situation by
stating in the motion: "... in the future, as determined by the Park Board."
Mr. Davis stated that since this is an existing facility, he asked for a variance to Item #5 (driveways).
(Planning and Zoning Commission meeting, 05-07-98, tape 1, section #7163)
Senior Planner Dennis Killough stated that the driveway issues are being revisited because of the
addition of new property, the enlargement of the building, and there is additional parking.
Chairman Wright stated that they have a hard enough time maneuvering with the driveways they
already have, so if the Commission eliminates any, they really will have problems.
Commissioner Creighton asked Mr. Davis if he intends to meet the articulation requirements listed
in Item #16. Mr. Davis stated that he is not sure there are any fascades that are visible from F.M.
1709.
Mr. Killough stated that staffhad that same question. He said they went ahead and evaluated the
articulation as if it could be seen from F. M. 1709, but with the extent of tree coverage and the
existing building covering a portion of it, it is questionable as to its' visibility. Mr. Killough stated
another reason for evaluating the articulation was this properties' adjacency to LUP residential
property.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public heating.
Motion was made to approve ZA 98-033 subject to Site Plan Review Summary No. 1, dated May
1, 1998, amending Item #4 (sidewalk) allowing location to be determined by staff, allowing Items
#5a-5d as shown, and deleting Item # 16 (articulation).
Motion: Tate
Second: LeVrier
Ayes: LeVrier, Tate, Jones, Creighton, Wright
Nays: None
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 12 of 19
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Approved: 5-0
Motion carried.
(Planning and Zoning Commission meeting, 05-07-98, tape 2, section #0470)
AQI~NDA ITEM #11. ZA 98-034. REZONING:
Senior Planner Chris Carpenter informed the Commission that this request is for a Zoning Change
on property legally described as approximately 12.573 acres situated in the Thomas Beedy Survey,
Abstract No. 72, and being Tract 2A3. The property is located on the east side of North Peytonville
Avenue at the intersection of Plantation Drive and North Peytonville Avenue. The Current Zoning
is "AG" Agricultural District. The Requested Zoning is "SF-1A" Single Family Residential
District. The Land Use Category is Low Density Residential. The Owner of the property is Ruby
L. Hill. The Applicant is Kingdom Park Developments, L.L.C. Thirteen (13) written notices were
sent to property owners within the 200' notification area, and four (4) responses were received
with one (1) being opposed, one (1) being in favor and two (2) being undecided. One (1) response
outside the 200' notification area was received and was opposed.
John MacFarlane (Kingdom Park Developments, L.L.C.) presented this item to the Commission.
Chairman Wright opened the public heating.
James Lancaster, 600 Garden Court, Southlake, Texas, stated that he is in favor of this application.
He stated that Mr. MacFarland has responded to his concerns in many ways such as promising him
a minimum building setback line of 100' through a deed restriction.
Chris Miltenberger, 1401 Exeter Court, Southlake, Texas, stated that he is a member of the Park
Board. He stated that when a developer rezones property to SF-1A, the developer has the choice of
dedicating land for open space or paying a $1,000 fee per lot. Mr. Miltenberger stated that Mr.
MacFarland has chosen to pay the $1,000 fee per lot rather than dedicating land. He asked that they
be required to set aside land for common area. He stated his opposition to the zoning based on what
the intended use of the land is going to be.
Chairman Wright stated that the Commission cannot use that as criteria in a zoning case.
Mr. MacFarland stated that the Park Board voted to approve his offer to donate $27,000 in cash on
April 13, 1998.
Chairman Wright closed the public hearing.
Motion was made to approve ZA 98-034.
Motion:
Second:
Ayes:
Jones
Tate
Tate, Jones, Creighton, LeVrier, Wright
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 13 of 19
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Nays: None
Approved: 5-0
Motion carried.
(Planning and Zoning Commission meeting, 05-07-98, tape 2, section #0824)
AGENDA ITEM #12. ZA 98-035. REZONING:
Senior Planner Chris Carpenter informed the Commission that this request is for a Zoning Change
on property legally described as Lot 1, T. Beedy No. 72 Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3584, Plat
Records, Tarrant County, Texas, and being approximately 9.79 acres. The property is located on the
east side of North Peytonville Avenue approximately 220' north of the intersection of Plantation
Drive andNorth Peytonville Avenue. The Current Zoning is "RE" Residential Estate District. The
Requested Zoning is "SF-1A" Single Family Residential District. The Land Use Category is Low
Density Residential. The Owner of the property is Lee Fahrenbrook. The Applicant is Kingdom
Park Developments, L.L.C. Eleven (1 I) written notices were sent to property owners within the
200' notification area, and three (3) responses were received with two (2) being in favor and one
(1) being undecided. One (I) response outside the notification area was received and was
undecided.
John MacFarlane (Kingdom Park Developments, L.L.C.) presented this item to the Commission.
Chairman Wright opened the public hearing.
Chris Miltenberger, 1401 Exeter Court, Southlake, Texas, stated his opposition to this zoning
change.
Chairman Wright closed the public hearing.
Motion was made to approve ZA 98-035.
Motion: Tate
Second: Jones
Ayes: Jones, Creighton, LeVrier, Tate, Wright
Nays: None
Approved: 5-0
Motion carried.
(Planning and Zoning Commission meeting, 05-07-98, tape 2, section #0984)
AGENDA ITEM #13. ZA 98-036. PRELIMINARY PLAT OF COVENTRY PARK ADDITION:
Senior Planner Chris Carpenter informed the Commission that this request is for a Preliminary Plat
of Coventry Park Addition on property legally described as being Tract 2A3 situated in the Thomas
Beedy Survey, Abstract No. 72; Lot 1, T. Beedy No. 72 Addition, an addition to the City of
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 14 of 19
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Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3584, Plat
Records, Tarrant County, Texas; and Lots 2 and 3, T. Beedy No. 72 Addition, an addition to the City
of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3775, Plat
Records, Tarrant County, Texas, and being a total of approximately 32.1701 acres. The property is
located on the east side of North Peytonville Avenue at the intersection of Plantation Drive and
North Peytonville Avenue. The Current Zoning is "AG" Agricultural District, "SF-1A" Single
Family Residential District and "RE" Residential Estate District. The Land Use Category is Low
Density Residential. The Owners of the property are Ruby L. Hill, Carleo A. Capili, M.D., and Lee
Fahrenbrook. The Applicant is Kingdom Park Developments, L.L.C. Twenty (20) written notices
were sent to property owners within the 200' notification area, and five (5) responses were
received with two (2) being opposed, two (2) being in favor, and one (1) being undecided.
John MacFarlane (Kingdom Park Developments, L.L.C.) presented this item to the Commission.
He understands that the name of the plat will need to be changed; he is considering the names
Camelot or The Woodlands. He asked that the lot width be measured at 50' instead of 40' on
Item #2b; he stated that he has 100' on all of the lots at the 50' building line. He asked for a
variance on Staff Review Items #2c (building setback line), #2d (side lot lines), #3a (cul-de-sac
lengths), and #3b (street stub).
Mr. MacFarlane provided the Commission of possible northem street stubs. He stated that he prefers
not to provide a street stub at all, but he will if required.
Chairman Wright suggested placing the street stub in such a manner as to align with the Brittany
Place street stub. Mr. MacFarlane stated that he does not think that would meet the objective of Ms.
Meyer.
Chairman Wright opened the public hearing.
Yves Meyer, 1925 ~ Peytonville Avenue, Southlake, Texas, stated that he asked Mr. MacFarlane to
dedicate a drive in order to access the back of his property. He stated that he understands that there
is access to his property from the Brittany Place subdivision, but the property owners there are
unwilling to have a road built next to their house. He asked Mr. MacFarlane to take special
consideration regarding some large trees along his property line. He stated that Mr. MacFarlane
agreed to a wrought iron fence along his property line.
James Lancaster, 600 Garden Court, $outhlake, Texas, stated that he is proud of the Planning and
Zoning Commission for holding out until a decent plan came forward which meets the Land Use
Plan for the area. He stated that he thinks the developer has demonstratred a willingness to keep the
privacy and the separation of property. He is in favor of this zoning request.
Scott Matheis, 955 Brittany Court, Southlake, Texas, stated that he does not want the road
connection to the Meyers' property from Brittany Place. He said his property would be wrapped
with roads on three (3) sides. He said it makes more sense to him to access the Meyers' property
from mr. MacFarlane's development.
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 15 of 19
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Sharon Meyer, 1925 ~ Peytonville Avenue, Southlake, Texas, stated that even though she did not
come to the meeting with a replat of her land, it would be foolish of her not to look at how this
development will impact her land. She said she is not sure she wants to keep the 2.9 acres behind
her house, but if there is no connection to it, then it will always be hers.
Alan Youngblood, 1403 Exeter Court, Southlake, Texas', stated that it is curious to him that the City
just approved "RE" zoning on Ms. Meyer's property, yet she wants access to 2.9 acres. He said if
her land is supposed to be divided into five (5) acre parcels, then it is strange to him that she wants
access to 2.9 acres.
(Planning and Zoning Commission meeting, 05-07-98, tape 2, section #2219)
Scott Matheis, 955 Brittany Court, Southlake, Texas, stated that his property would be surrounded
by three (3) streets if the street stub from Brittany Place was developed.
Scott Summy (Coventry Manor) stated that he is considering buying a lot in Mr. MacFarlane's
development. He stated he has recently gained a mother-in-law and needs more room. He said he
has taken some time to get to know Mr. MacFarlane and feels he has done a great job at attempting
to address everyone's concerns. He stated that he has seen several plats of these properties, and this
is the best one.
Debra Duvalle, 916 Turnberry Lane, Southlake, Texas, stated her concern regarding the amount of
traffic on Turnberry Lane. She said that the City needs to look at alternative routes and ways to
control speed on that street.
Yves Meyer responded to Mr. Youngblood's concern regarding his 2.9 acres being zoned as "RE"
Residential Estate. He stated he has no intention of platting his land right now; he just wanted to
rezone it for the time being.
Mr. MacFarland stated that the road shown on the Brittany Place plat was dedicated when the
subdivision was platted back in 1985.
Esther Spickler, 926 Turnberry Lane, Southlake, Texas, said that her main concern is traffic. She
asked the Commission where she would go to request that a traffic study be completed in order to
evaluate the traffic on Tumberry Lane. She stated that she would like more roads.
Chairman Wright stated that he does not think they require a traffic study on residential subdivisions.
He said she would need to request that of City Council.
C. D Peebles, 1604 Devon Court, Southlake, Texas, stated that he would like to see the Leed's Drive
stub continued on straight north in order to, someday, have another east-west connection between
North Peytonville Avenue and Shady Oaks.
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 16 of 19
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Chairman Wright read a letter from Sandra Edelman in which she asked that the construction traffic
from this new subdivision be rerouted to Peytonville Avenue via Dove Road. She stated that there
is already too much traffic on Turnberry Lane.
Chris Miltenberger, 1401 Exeter Court, Southlake, Texas, stated that one of the owners of Kingdom
Park Developments, L.L.C., is Mr. Youngblood, who is also a builder in Coventry Manor. He said
that Mr. Youngblood's track record in Coventry Manor is not good. He objected to the construction
traffic going through Coventry Manor. He asked that if this development is approved, it be approved
on the condition that the construction traffic use North Peytonville Avenue.
Mr. MacFarlane stated that he has agreed to join the Coventry Homeowners Association for common
area maintenance, etc. He has also offered to help with the traffic problem in Coventry Manor. He
also agreed that he would complete the Leed's Drive portion of his development last, in order to
keep as much traffic out of Coventry Manor as possible.
Larry Whisler, 1201 Plantation Drive, Southlake, Texas, stated his concern with the drainage in this
area. He questioned how they are going to get the water across Peytonville Road.
Commissioner LeVrier asked Mr. MacFarlane where he intends to provide a northern street stub.
Mr. MacFarlane stated that he is asking for relief from that requirement.
Chairman Wright stated that, in his opinion, the Commission has no obligation to provide a street
stub to the Meyer's property since they already have a stub coming from Brittany Place.
Chairman Wright stated that it makes sense to him to provide a street stub somewhere in line with
the existing street stub from the Brittany Place subdivision.
Chairman Wright asked Mr. MacFarlane to straighten out the lot lines some in order to correct Item
#2d, and Mr. MacFarlane agreed to work with it.
Caroline Havens, 1303 Wakefield Court, Southlake, Texas, stated her concern regarding the drainage
and asked when those issues will be addressed. She stated that the Meyers have been great
neighbors and would like to see them treated in a neighbor-like fashion.
Chairman Wright stated that once the preliminary plat is approved, the staff requires a preliminary
drainage study prior to the final plat.
Chairman Wright closed the public hearing.
Commissioner Creighton stated that she would prefer this preliminary plat to come back to the
Commission with the suggested amendments.
Mr. MacFarlane asked what date he would need his revisions in to the City if he intended to be at
the next Planning and Zoning Commission meeting.
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 17 of 19
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Commissioner Tate stated that it would look better to the City Council if most of these issues were
worked out before this moves forward to them.
Mr. MacFarlane asked that the Commission table this item to the May 21, 1998, meeting.
Motion was made at the applicant's request to table ZA98-036 to the May 21, 1998, Planning and
Zoning Commission meeting.
Motion: Tate
Second: LeVrier
Ayes: Creighton, LeVrier, Tate, Jones, Wright
Nays: None
Approved: 5-0
Motion carried.
(Planning and Zoning Commission meeting, 05-07-98, tape 2, section #4415)
Commissioner LeVrier abstained from Agenda Item #14, ZA 98-039, due to his relationship with
the applicant on case #ZA 98-024.
AGENDA ITEM #14. ZA 98-039. PLAT REVISION FOR THE PROPOSED LOTS iR AND 2.
BLOCK 1, OWEN ADDITION:
Senior Planner Chris Carpenter informed the Commission that this request is for a Plat Revision for
the proposed Lots 1R and 2, Block 1, Owen Addition, being a revision of Lot 1, Block 1, Owens
Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded
in Cabinet A, Slide 1392, Plat Records, Tarrant County, Texas, and Tracts 3B2, 3B3, and 3B4,
situated in the Littleberry G. Hall Survey, Abstract No. 686, and being approximately 29.827 acres.
The property is located on the north side of West Southlake Boulevard (F.M. 1709) approximately
480' west of Shady Oaks Drive. The Current Zoning is "AG" Agricultural District. The Land Use
Category is Low Density Residential. The Owners of the property are Owen Land and Properties,
Inc. and Fountain Five Zero Two Trust. The Applicant is Landes and Associates, Inc. Twenty-eight
(28) written notices were sent to property owners within the 200' notification area, and one (1)
response was received which was in favor.
Coy Landes (Landes and Associates, Inc.) 700 Midlark Circle, Crowley, Texas, presented this item
to the Commission. He stated that he will meet all of the Staff Review Comments.
Chairman Wright opened the public hearing.
Bob Walker, 1404 Chelsey Circle, Southlake, Texas, asked the applicant to describe exactly what is
going to occur with this plat revision.
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 18 of 19
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Mr. Landes stated that the owner of the Levitz tract wanted to build a barn, but he could not do that
because there was not an existing house on the lot. Mr. Owen offered to replat their property in
order to meet the City's requirements for the barn.
Chairman Wright closed the public hearing.
Motion was made to approve ZA 98-039 subject to Plat Review Summary No. 1, dated May 1,
1998.
Motion: Tate
Second: Jones
Ayes: Tate, Jones, Creighton, Wright
Nays: None
Abstain: LeVrier
Approved: 4-0-1
Motion carried.
(Planning and Zoning Commission meeting, 05-07-98, tape 2, section #4684)
AGENDA ITEM #15. DUE TO CASE RESOLUTION NO. 97-22. THE FOLLOWING CASE
WILL NOT BE HEARD ON THIS AQENDA AND WILL BE CONTINUED TO MAY 21. 1998:
Case #ZA 98-037, Site Plan for Safeco Office Building, on property legally described as a portion
of Lot 4R, 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 3774, Plat Records, Tarrant
County, Texas, and being approximately 1.229 acres. (Public Hearing)
AGENDA ITEM # 16. MEETING ADJOURNMENT:
Chairman Wright adjourned the meeting at 12:51 a.m. on May 8, 1998.
(Planning and Zoning Commission meeting, 05-07-98, tape 2, sect'[on ~4684)
Chairman
ATTEST:
Lori A. Farwell
Community Development Secretary
Planning and Zoning Commission Meeting Minutes on May 7, 1998 Page 19 of 19
THE STATE OF TEXAS
COUNTY OF
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 ofthe~Pi/~a ~,ox ~ - 7--A ~cd, -C; 3~ ~ as those terms are defined in Chapter
171, Texas LocaixJovernment coae.
The business entity is ~J,~¢%J~¢F-r'~. (name)
(address)
I have a substantial interest in this business entity for the following reasons: (check 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 business 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 '~'¢~'- day of l~q ccc/ , 1~6} ~)
Signature o~/0 ffi'cial V
Title )
BEFORE ME, the undersigned authority, this day personally appeared ~ ~-~(,'a)k~
on oath stated that the facts hereinabove stated are true to the best of_X~ knowledge or belief.
Swom to and subscribed to before me on this ~/44~ dayof /~Q~c¢/ , 19~ .
Notary Public in and for the State of Texas
Type/Print Notary's Name
My Commission Expires:
L:\COMDEVXWP-FILES~FORMS~d~FID.FRM
THE STATE OF TEXAS
COUNTY OF
make this affidavit and hereby on oath state the following: I, and/or a person or rsons related
mel,~xJe a substantial interest in a business entity that would be peculiarly affected by a vote or
decisionofthe P~r~O_~ x,~o. '--V~JcOl~,. q gA c~ ~,~O ~ c{ asthosetermsaredefinedinChapter
171, Texas Local Govemment Code.
The business entity is ~-.~Oe ¢'~tJ I(~%) -"~c .
(name)
(address)
I ~e' a subst~tial interest in ~s business entity for the following reasons: (check fll whch ~e
- Owner~O/~ m~~ ~~ b~ss~nti,~
Ownership of 10% or more or $5,000 or more of the fair market value of the
business entity.
Funds received from the business 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.
Signedthis '~ ~c¢- day of ('V'~c~ , 19 C~ .
(~e of Official Title
BEFORE ME, the undersigned authority, this day personally appeared ~-.
on oath stated that the facts hereinabove stated are true to the best of_.~__ knowledge or belief.
Sworn to and subscribed to before me on this ?44. day of ~ cc,-/ , 19
Notary Pub4ic
STATE OF TEXAS
My Commission Expires:
Notary Public in and for the State of Texas
Type/Print Notary's Name
L:\COMDEV~WP-FILES\FORMS~AFHD.FRM