1998-05-21 P&Z Meeting 1
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REGULAR PLANNING AND ZONING
COMMISSION MEETING
May 21, 1998
COMMISSION PRESENT: Chairman Ann Creighton, Vice-Chairman James Murphy, and
Commissioners Rob Jones, C. D. Peebles, Mike Sandlin, and Keith Shankland
COMMISSION ABSENT: F. C. LeVrier
CITY STAFF PRESENT: City Attorney Debra Drayovitch, Community Development Director
Greg Last, Deputy Director of Public Works Ron Harper, Deputy Director of Public Works Charlie
Thomas, Senior Planner Dennis Killough, Planner Stefanie Sarakaitis, Planner Ed McRoy, Code
Enforcement Officer Raymond Blevins, and Community Development Secretary Lori Farwell
The Work Session started at 6:08 p.m. and ended at 7:03 p.m. The Commission discussed the
agenda for the Regular Meeting.
There was no Executive Session held.
The meeting was called to order by Vice-Chairman Murphy at 7:09 p.m.
AGENDA ITEM #2. APPROVAL OF MINUTES:
Vice-Chairman Murphy opened discussion of the minutes of the May 7, 1998, Planning and Zoning
Commission meeting.
Vice-Chairman Murphy stated that he was not at the May 7, 1998, meeting and neither were the new
Commission members, so they will all be abstaining.
Motion was made to approve the May 7, 1998, Planning and Zoning Commission meeting minutes,
as presented.
Motion: Creighton
Second: Jones
Ayes: Creighton, Jones
Nays: None
Abstain: Sandlin, Peebles, Shankland, Murphy
Approved: 2-0-4
Motion carried.
(Planning and Zoning Commission meeting, 05-21-98, tape 1, section #0036)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
Ron Harper introduced Charlie Thomas, the new Deputy Director of Public Works, to the
Commission.
Planning and Zoning Commission Meeting Minutes on May 21, 1998 Page 1 of 20
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AGENDA ITEM #4. ELECTION OF OFFICERS:
Motion was made to elect Commissioner Creighton for Chairman.
Motion: Shankland
Second: Peebles
City Attomey Debra Drayovitch stated that there does not need to be a Second vote for a nomination.
Motion was made to elect Vice-Chairman Murphy for Chairman.
Motion: Jones
A vote was called for Commissioner Creighton for Chairman.
Ayes: Peebles, Shankland, Sandlin, Creighton
Nays: Jones, Murphy
Approved: 4-2
Motion carried.
Motion was made to elect Vice-Chairman Murphy for Vice-Chairman.
Motion: Sandlin
Second: Creighton
Ayes: Shankland, Jones, Sandlin, Creighton, Peebles, Murphy
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 05-21-98, tape 1, section #0183)
AGENDA ITEM #6. ZA 97-142. PLAT REVISION FOR PROPOSED LOTS 1R3R1. 1R3R2.
1R3R3. AND 2. BLOCK 1. KIMBALL/1709 ADDITION:
Motion was made at the applicant's request to table ZA97-142 and to continue the Public Hearing
to the June 18, 1998, Planning and Zoning Commission meeting.
Motion: Murphy
Second: Sandlin
Ayes: Jones, Sandlin, Peebles, Murphy, Shankland, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 05-21-98, tape 1, section #0218)
Planning and Zoning Commission Meeting Minutes on May 21, 1998 Page 2 of 20
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AGENDA ITEM #7. ZA 98-036. PRELIMINARY PLAT OF WATERFORD PARK ADDITION
(SUBMITTED AS COVENTRY PARK ADDITION):
Chairman Creighton stated that although the Public Hearing was held and closed on May 7, 1998,
it has been customary to allow anyone who wishes to speak, the opportunity to do so.
Planner Stefanie Sarakaitis informed the Commission that this request is for a Preliminary Plat of
Waterford Park Addition (originally submitted as 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 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 six (6) responses were received in which two (2) were opposed (one of these
changed their response to be in favor of Option 'A'), two (2) were in favor, and two (2) were
undecided (one of these changed their repsonse to be in favor). Four (4) responses from outside
the 200' notification area were received with two (2) being opposed, one (1) being in favor, and
one (1) being undecided.
Commissioner Jones commented that the proposed name for this development is too similar to an
existing street in Southlake and asked if the applicant would still be required to change the name if
the Commission approves this plat.
City Attorney Debra Drayovitch stated that the applicant has time to change the name prior to the
Final Plat but the Commission should make the request a part of their motion.
John MacFarlane (Managing Partner of Kingdom Park Developments, L.L. C) presented this item
to the Commission. He asked the Commission to approve Alternate 'A' which shows a common
access easement between Lots 10 and 11. He asked for a variance to Item # 1 a (length of cul-de-
sacs), Item #2a (100' lot width), Item #2b (40' sideyard building setback) and Item #2c (reverse
frontage lots).
Although the Public Hearing was previously closed, Chairman Creighton opened the floor to anyone
who wished to speak.
Sharon Meyer, 1925 h~ Peytonville Avenue, Southlake, Texas, stated that she and her husband
support Alternate 'A'. She said that she spoke with the Fire Marshal, and he assured her that her
plan of developing one (1) 3 acre lot would not present any problems for his department. Her plan
is to rezone the back portion (3 acres) of her property to "SF-1A" and to replat it as one (1) lot.
Planning and Zoning Commission Meeting Minutes on May 21, 1998 Page 3 of 20
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Roger Hutton, 1900 Shady Oaks, Southlake, Texas, stated that he supports Alternate 'A' because he
thinks it is a good compromise with the Meyers. He stated that he does not intend to subdivide his
property so placing a road offof Leeds Drive with the intention of it continuing on north would be
futile.
Commissioner Jones stated that he is glad to see that they were able to reach a compromise.
Commissioner Peebles stated that he is not real excited about the narrowness of the lots in the cul-
de-sacs and stated that if the applicant would reduce the number of lots in each of the cul-de-sacs
by one (1), he would comply with Item #2a. He stated that he is concerned with the 65' building line
on Lot 3, Block 2, which makes it that much closer to the common area in Coventry Manor. He also
stated that he is not too excited about the common access easement shown in Alternate 'A' because
it does not meet the required street frontage in the Subdivision Ordinance.
Commissioner Peebles asked City staff if the applicant reduced the number of lots in the cul-de-sacs
by one (1), if he would meet the requirements on Item #2b. Senior Planner Dennis Killough stated
that it would be a possibility.
Commissioner Peebles asked City staffto explain Item #2c (reverse frontage lots). Mr. Killough
stated that it addresses the two (2) comer lots created by Alternate 'B'. He said by reducing the
building line to 25', they could feasibly construct a house right at that 25' building line and it would
essentially be sticking out into someone's front yard.
Chairman Creighton asked the Commissioners what their views are on Alternate 'A' versus
Alternate 'B'.
Commissioner Jones stated even though Alternate 'A' does not conform to the Subdivision
Ordinance for a street stub, it seems to be the option that the adjacent property owners want. He said
that in the past the Commission has tried to comply with the wishes of the adjacent property owners.
Commissioner Peebles stated that he prefers Alternate 'B' because he still hopes that someday the
road will extend north and meet with an east-west connection.
Vice-Chairman Murphy stated that the creativity and compromise with Alternate 'A' in addition to
the support of the property owners around it convinced him to support it.
Commissioner Sandlin stated that he supports Alternate 'A' because the largest land owner to the
north supports it and even if Alternate 'B' was chosen, it would not go anywhere except to service
properties.
Chairman Creighton asked if there was additional discussion.
Commissioner Peebles stated that he does not have a problem with the length of the cul-de-sacs, as
long as the applicant takes care of Items #2a and #2b.
Planning and Zoning Commission Meeting Minutes on May 21, 1998 Page 4 of 20
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Vice-Chairman Murphy stated that he is happy to see one (1) acre lots going on these properties, and
he is happy to see that the people surrounding this property are reasonably at peace with this plan.
He said that the Commission has repeatedly looked at cul-de-sac lots and moved the building line
back to accommodate the lot width, and he is not opposed to continuing that practice.
Chairman Creighton asked Mr. MacFarlane if he would consider reducing the number of lots on the
cul-de-sacs. Mr. MacFarlane stated that it would be a severe economic burden. He stated that the
proper way to access Lots 1, 5, 6, and I0 would be from Leeds Drive and by doing so, would
alleviate congestion in the cul-de-sac.
Commissioner Sandlin stated that he thinks it will be a nice looking subdivision, and he does not
have any problems with Items #2a and #2b. He stated that anytime a house can be set back more,
it looks better.
Commissioner Shankland stated that he would like to see the homes set further back. He stated that
he would like to see 40' setbacks (Item #2b) and feels the future homeowners would, too.
Motion was made to approve ZA 98-036, subject to Plat Review Summary No. 2, dated May 15,
1998, accepting Alternate 'A'; deleting Items #la, lb, 2a, 2b, 2c, and 2d; and also noting that there
is a potential conflict with the name of this subdivision.
Motion: Murphy
Second: Jones
Ayes: Sandlin, Murphy, Jones
Nays: Peebles, Shankland, Creighton
Approved: 3-3
Motion failed.
City Attorney Debra Drayovitch stated that there is a timing issue with plats unless the applicant
wishes to table until a 7th Commission member can be present. After further discussion, she stated
that the applicant waived the 30-day time constraint of the plat when he asked for it to be tabled at
the last meeting.
Vice-Chairman Murphy stated that he is not clear why Commissioner Shankland voted against this
item and asked him to explain further. Conunissioner Shankland stated that, being a new
Commissioner, he can only rely on the fact that the City has ordinances for a reason. He stated that
he does not think it is the Commission's job to make things work for applicants; applicants should
present plans that comply with the ordinances.
Motion was made to deny ZA 98-036.
Motion: Peebles
Second: Shankland
Planning and Zoning Commission Meeting Minutes on May 21, 1998 Page 5 of 20
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Commissioner Jones stated he agrees that it is not the Commission's job to make things work for
applicants, but this particular applicant is complying with the Land Use Plan's Low Density
requirement. He stated that the variances Mr. MacFarlane is requesting are not safety related issues,
they are primarily for appearance related.
Ayes: Peebles, Shankland, Creighton
Nays: Murphy, Jones, Sandlin
Approved: 3-3
Motion failed.
(Planning and Zoning Commission meeting, 05-21-98, tape 1, section #2114)
AGENDA ITEM #8.98-037. SITE PLAN FOR SAFECO OFFICE BUILDING:
Planner Stefanie Sarakaitis informed the Commission that this request is for a Site Plan on property
legally described as a portion of Lot 4R, Block 6, Southridge Lakes, Phase C-l, an addition to
the City of Souttflake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide
3774, Plat Records, Tarrant County, Texas, and being approximately 1.229 acres. The property
is located on the north side of West Southlake Boulevard (F.M. 1709) approximately 250' east
of North Peytonville Avenue. The Current Zoning is "C-3" General Commercial District. The
Land Use Category is Retail Commercial. The Owner of the property is Southridge Center, P.C.
The Applicant is Safeco Land Title. Four (4) written notices were sent to property owners within
the 200' notification area, and no responses were received.
David McMahan presented this item to the Commission. He asked for a variance to Items #la
(driveway spacing) and #Id (stacking depth).
Vice-Chairman Murphy asked if the building could oriented differently so that the driveway would
be 100' from F. M. 1709. Mr. McMahan stated that the building could be moved forward and the
parking could be moved to the rear of the building, but the applicant wants to have as much parking
in front of the building as possible. He stated that the site plan for the property to the west has
already been approved with the fight-in/right-out driveway placed just as he has it shown. He said
he is trying to maintain the common access easement between the properties.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
Vice-Chairman Murphy stated that he could be swayed by Mr. McMahan's comment regarding
trying to maintain the common access easement.
Chairman Creighton agreed by saying that the greater problem is the right-in/right-out entrance to
the west that is already approved.
Vice-Chairman Murphy stated that he is glad to see this type of use as compared to a much more
intense use on this property.
Planning and Zoning Commission Meeting Minutes on May 21, 1998 Page 6 of 20
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Motion was made to approve ZA 98-037, subject to Site Plan Review Summary No. 1, dated May
15, 1998, deleting Items #la (driveway spacing) and #1d (stacking depth).
Motion: Murphy
Second: Shankland
Ayes: Murphy, Shankland, Jones, Sandlin, Peebles, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 05-21-98, tape 1, section #2546)
AGENDA ITEM #9. ZA 98-040. REZON1NG AND CONCEPT PLAN FOR P1NE MEADOW
ESTATES:
Planner Stefanie Sarakaitis informed the Commission that this request is for a Zoning Change and
a Concept Plan of Pine Meadow Estates on property legally described as being approximately 8.404
acres situated in the Samuel Freeman Survey, Abstract No. 525, and being Tract 5Al. The property
is located on the southeast comer of the intersection of Shady Lane and North Kimball Avenue. The
Current Zoning is "AG" Agricultural District. The Requested Zoning is "SF-20A" Single Family
Residential District. The Land Use Category is Medium Density Residential. The Owner of the
property is Virginia L. Yeargain. The Applicant is K.S.L., Ltd. Fourteen (14) written notices were
sent to property owners within the 200' notification area, and two (2) responses were received with
one (1) in favor and one (1) opposed.
Art Clayton (K.S.L., Ltd.) 3129 Lake Drive, $outhlake, Texas, presented this item to the
Commission. He stated that the homes will be in the 3,000 s.f. to 4,000 s.f. range and will be priced
anywhere from $275,000 to $375,000. He asked for a variance to Item #2b (60' R.O.W. for Shady
Lane) and Item #3 (35' building setback). He said he no longer has an issue with sidewalks because
he worked it out with Ron Harper, and he agreed to move the sidewalk to the east side of the bar
ditch. He said he will give the 5' of additional R.O.W. but prefers to keep it in the lots themselves.
Chairman Creighton opened the Public Hearing.
Carl Patterson stated that he lives directly south of the proposed development. He said his home
is 15' from the property line. He wanted to make sure the pine trees will remain intact and wanted
to make sure there is not an easement coming in between the properties. He stated that he would like
a fence between his property and the proposed development.
Vice-Chairman Murphy asked Mr. Patterson if he would rather have the trees or a fence. Mr.
Patterson stated that if he had to choose between the two, he would choose the trees.
Commissioner Jones asked Mr. Clayton what he intends to do regarding fencing. Mr. Clayton stated
that he will preserve as many trees as possible. He stated that he would agree to place a fence at
some point in time; he would only like the opportunity to let the future homeowners decide what
Planning and Zoning Commission Meeting Minutes on May 21, 1998 Page 7 of 20
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type offence they want on their individual properties. He stated that he would be willing to put that
in the deed restrictions if the Commission wants.
Commissioner Sandlin asked if the Commission sees deed restrictions, and if they do not, why not.
Commissioner Jones stated that the Commission cannot enforce them.
City Attorney Debra Drayovitch stated that, traditionally, deed restrictions are between private
property owners and the City is not a party. She said if the City does become a party, then there
could be a question as to contract zoning.
Commissioner Sandlin asked Mr. Clayton if he is placing a fence along Kimball Avenue, and Mr.
Clayton stated that he is placing a split-faced block fence.
Commissioner Sandlin stated that he does not like having five (5) driveways fronting Shady Lane.
He asked if Mr. Clayton could deed restrict, for instance, Lots 4 and 5 and Lots 2 and 3 to place their
driveways side-by-side so there will not be as many points fronting on Shady Lane.
Tom Ward (SPIN Representative #6) 2481 Greenbough Drive, Southlake, Texas, stated that he has
received two (2) responses from residents in his area with concerns regarding the density of this
proposed development. He stated he discovered today that the "SF-1A" zoned properties adjacent
to this development will not get the 30,000 s.f. lot protection if they are not platted properties as
stated in the Subdivision Ordinance. He stated that he would really like to know why they do not
have the protection of the ordinance. Mr. Ward stated that the traffic is so bad on Shady Lane that
most of the residents on Shady Lane probably would like it closed off. He stated that he met with
Mr. Clayton and is very happy with the quality of the homes and his commitment to saving trees.
Linda Smith (Coldwell Banker) represents the owner of the property, Virginia Yeargain. She said
the owners are very pleased with Mr. Clayton's proposal. She stated that it meets the Land Use Plan
designation for this area. She stated that this development will open up the comer of Shady Lane
and North Kimball Avenue and improve visibility.
Mary McAllister, 1008 N Shady Lane, Southlake, Texas, stated that she has spoken to her neighbors,
Ms. Chick and Ms. Moyer, and they are extremely pleased that this property is going to be single
family residential. She said their only concern is the lot size because it is so much smaller than their
lots.
Lee Fox, 800 N. Shady Lane, Southlake, Texas, said she is very happy this property is going to be
single family residential, but she is very concerned about the traffic on Shady Lane. She said people
are using Shady Lane as a cut-through from Kimball Avenue to State Highway 114. She asked that
if this development gets approved, any construction traffic be required to use Kimball Avenue. She
asked the Commission to consider the quality of life of the residents when considering any request.
She expressed her concern regarding the dust on Shady Lane and the hours of operation on this
project.
Planning and Zoning Commission Meeting Minutes on May 21, 1998 Page 8 of 20
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Mr. Clayton stated that he has never been cited on any project in Southlake for violating in rules or
ordinances. He always wets down the dirt and does not work past the approved hours.
Chairman Creighton closed the Public Heating.
Chairman Creighton asked Mr. Patterson if he would be satisfied with Mr. Clayton deed restricting
his property to placing a fence at the time of building. Mr. Patterson said he would agree to that.
He would prefer a fence that he could not see through. He has a 3 acre lake on his property, and he
is concemed about the safety of the kids in this neighborhood crossing his property and going to the
lake. He said he would prefer a solid fence, but each lot's fence does not have to be alike.
Commissioner Sandlin asked if anyone else has a concern or a problem with the five (5) lots fronting
Shady Lane.
Vice-Chairman Murphy stated that he would rather see five (5) single family homes opening onto
Shady Lane than an office complex, which is what has been proposed on this site before.
Commissioner Shankland asked Mr. Clayton what other measures he will take to help with the dust,
etc. Mr. Clayton said that, basically, the City is creating the dust right now because a sewer line in
being installed on Shady Lane. He stated that the City has controls for controlling dust, etc., and he
will abide by those rules. He said they will wet the ground when they make the cut for the road.
Ron Harper stated that they are putting sanitary sewer and water in that entire area and will be paving
all of the streets when it is completed.
Commissioner Shankland asked City staff if it is the City's responsibility to regulate dust control,
etc. on projects such as this. Mr. Harper stated that before construction begins, there is a Developers
Agreement that is negotiated at City Council which addresses items such as dust and erosion control.
Commissioner Shankland asked City staff their opinion on Item #2b (60' R.O.W.). Mr. Harper
stated that it is Public Works' position that they require the additional 5' of R.O.W.
Motion was made to approve ZA 98-040, subject to Concept Plan Review Summary No. 1, dated
May 15, 1998, deleting Item #3 (35' building setback) and accepting the applicant's agreement
regarding fencing.
Motion: Murphy
Second: Jones
Ayes: Shankland, Jones, Sandlin, Peebles, Murphy, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 05-21-98, tape 1, section #4572)
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AGENDA ITEM #10. ZA 98-041. PRELIMINARY PLAT OF PINE MEADOW ESTATES:
Planner Stefanie Sarakaitis informed the Commission that this request is for a Preliminary Plat of
Pine Meadow Estates on property legally described as being approximately 8.404 acres situated in
the Samuel Freeman Survey, Abstract No. 525, and being Tract 5Al. This plat proposes 14
residential lots. The property is located on the southeast comer of the intersection of Shady Lane
and North Kimball Avenue. The Current Zoning is "AG" Agricultural District. The Land Use
Category is Medium Density Residential. The Owner of the property is Virginia L. Yeargain. The
Applicant is K.S.L., Ltd. Fourteen (14) written notices were sent to property owners within the 200'
notification area, and two (2) responses were received with one (1) being in favor and one (1) being
opposed. One (1) response from a property owner in Grapevine and was opposed.
Art Clayton (K.S.L., Ltd.) 3129 Lake Drive, Southlake, Texas, presented this item to the
Commission. He asked for variances to Items #2b (60' R.O.W.) and #3 (35' building setback). He
stated that he spoke to Mr. Patterson prior to this case being presented, and Mr. Patterson indicated
that his house will not be able to go to sewer anytime soon. Mr. Clayton offered that possibly they
could run the sewer line down the creek, and they would tie Mr. Patterson on at no cost to him if it
is alright with the City.
Chairman Creighton opened the Public Hearing.
Torn Ward (SPIN #6 Representative) 2481 Greenbough Drive, Southlake, Texas, stated that he is still
concerned about the wording of the Subdivision Ordinance regarding "platted" property being
protected with 30,000 s.f. lots. He asked that this ordinance be changed or that possibly their
properties be grandfathered.
Chairman Creighton closed the Public Hearing.
Motion was made to approve ZA 98-041, subject to Plat Review Summary No. 1, dated May 15,
1998, deleting Item #3 (35' building setback) and understanding that the applicant may change his
sewer easement location.
Motion: Jones
Second: Murphy
Commissioner Sandlin asked if the motion could be amended to require the driveways to be placed
together between Lots 4 and 5 and Lots 2 and 3.
Senior Planner Dennis Killough stated that the ordinances do not list anything that would allow the
Commission to require the applicant to have spacing guidelines more stringent than what is listed
in the ordinance.
Mr. Clayton stated that he is not trying to be argumentative, but he would not have the drainage
separation between the lots.
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Commissioner Peebles stated that he understood Mr. Clayton to say that he would work with Public
Works regarding placement of the driveways and if they could be put together, then he would do that
and come back before the Commission.
Ron Harper stated that Public Works is not going to make that committment right now without
seeing detailed grading plans, detailed drainage plans, building setbacks, and building footprints.
He said that there is not a mechanism for Mr. Clayton to come back with the information
Commissioner Sandlin is asking for. He said the Final Plat will not show driveways.
Mr. Clayton stated he will try, but ultimately, it depends on what type of house the customer wants
and where they want it placed.
Ayes: Jones, Sandlin, Peebles, Murphy, Shankland, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 05-21 ~98, tape 1, section #5736)
Chairman Creighton called for a break at 9:49 p.m.
Chairman Creighton called the meeting back to order at 10:01 p.m.
AGENDA ITEM #11. ZA 98-042. REVISED SITE PLAN FOR DYNAMIC TRAVEL:
Planner Stefanie Sarakaitis informed the Commission that this request is for a Revised Site Plan for
Dynamic Travel on property legally described as Lot 1, Block 1, Perry/Allen Addition, an
addition to the City of Southlake, Tan'ant County, Texas, according to the plat recorded in
Cabinet A, Slide 3382, Plat Records, Tarrant County, Texas, and being approximately 0.7688
acres. The property is located on the south side of East Southlake Boulevard (F.M. 1709), being
approximately 500' east of South Kimball Avenue. The Current Zoning is "C-3" General
Commercial District. The Land Use Category is Retail Commercial. The Owner and Applicant
is COZ, L.L.C. Eight (8) written notices were sent to property owners within the 200'
notification area, and one (1) response was received which was in favor.
James Cosgrove presented this item to the Commission. He stated that he would like to build an
approximately 200 s.f. utility building to store his lawn mower, ladder, edger, fertilizers, and
possibly old records. He stated that it will meet the same architectural design as the existing
building.
Chairman Creighton asked why the floor area requirement listed in "C-3" regulations does not
apply to this building. Senior Planner Dennis Killough stated because this is an accessory
structure.
Commissioner Peebles asked how an accessory use is defined. City Attorney Debra Drayovitch
stated that it is defined in Chapter 4.
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Senior Planner Dennis Killough stated that the accessory building itself would be covered under
34.1.c. - accessory buildings enclosing equipment or activities in conjunction with the permitted
principle uses.
Ms. Drayovitch stated that the Zoning Administrator, Karen Gandy, is not present but she would
say that her interpretation was that this building was an accessory, incidental use and that is why
it is being processed in this manner.
Vice-Chairman Murphy stated that there is no mention of it in the review summary, so the Zoning
Administrator must have determined that this was an incidental use, otherwise he does not think
it would be before the Commission without a specific comment.
Commissioner Sandlin stated that the City Attorney has not told them differently, so he agrees with
Vice-Chairman Murphy.
Chairman Creighton stated that she does not think this is what an accessory use is; she stated that
she would not be surprised if no one had thought about whether this proposed use is truly incidental
to the principle use of the premises. She stated that approving this application raises a dangerous
precedence.
Chairman Creighton opened the public hearing.
Caroline Morris, 403 St. Charles Court, Southlake, Texas, stated that she questions the good thought
and the reasoning behind allowing small structures to crop up all over the City. She stated her
concern about the appearance of the City. She encouraged the Commission to study it further and
make sure that it does meet the City's ordinances.
Chairman Creighton closed the public hearing.
Commissioner Jones stated that the applicant is meeting all of the City's ordinances and voting
anything but yes would be silly.
Chairman Creighton stated that she seriously questions whether this use qualifies as an authorized
accessory use under the terms of the ordinance.
Commissioner Peebles stated that he understands Chairman Creighton's concerns but given the
situation and circumstances, he is inclined to approve it.
Motion was made to approve ZA 98-042, subject to Site Plan Review Summary No. 1, May 15,
1998.
Motion: Sandlin
Second: Murphy
Ayes: Sandlin, Peebles, Murphy, Jones
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Nays: Shankland, Creighton
Approved: 4-2
Motion carried.
(Planning and Zoning Commission meeting, 05-21-98, tape 1, section #6977)
AGENDA ITEM #12. ZA 98-043. SPECIFIC USE PERMIT FOR OUTSIDE STORAGE OF
PLANTS OR OTHER GREENERY:
Planner Stefanie Sarakaitis informed the Commission that this request is for a Specific Use Permit
for outside storage or plants or other greenery as part of a retail operation per Zoning Ordinance No.
480, Section 45.1 (29) on property legally described as Lot 2, Block 1, Farrar Addition, an addition
to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide
1975, Plat Records, Tarrant County, Texas, and being approximately 23.003 acres. The property is
located south of State Highway 114, north of East Southlake Boulevard (F.M. 1709), and west of
North Kimball Avenue. The Current Zoning is "C-Y' General Commercial District. The Land Use
Category is Retail Commercial. The Owner and Applicant is Wal-Mart Stores, Inc. Ten (10) written
notices were sent to property owners within the 200' notification area, and one (1) response was
received which was in favor.
(Planning and Zoning Commission meeting, 05-21-98, tape 1, section #7126
Aaron Carter (Store Manager for Wal-Mart) presented this item to the Commission. He stated that
since he has been manager of Wal-Mart, he has worked with the City staff regarding any complaints
or concerns.
Chairman Creighton opened the public hearing.
Pattie Minder (SPIN Representative #8) 223 Eastwood Drive, Southlake, Texas, presented photos
of the garbage behind the Wal-Mart building and the pallets which are stored incorrectly. She stated
that he has pallets stored outside, and he is not allowed to have any outside storage. She stated that
Wal-Mart was not a good neighbor when she asked for the trash to be picked up. She stated that the
only way Wal-Mart picks up anything is when the Code Enforcement Officer goes over there and
insists that it be picked up. She stated that she is opposed to anything until they get the building
picked up all the way around it.
Tom Ward (SPIN Representative #6) stated that the Wal-Mart should be an embarassment to people
driving into the City. He said that if anyone has the money to build a place to store plants, it is Wal-
Mart. He said that he is opposed to letting them store anything outside.
Tom Morris, 403 St. Charles Court, Southlake, Texas, stated that he is opposed to outside storage.
He said that approving this request would open the door to all other businesses in Southlake to do
the same. He asked the Commission to deny this request.
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Caroline Morris, 403 St. Charles Court, Southlake, Texas, stated that she is strongly opposed to this
request. She does not want outside storage in Southlake.
Commissioner Jones asked what the requirement is for outside storage. Senior Planner Dennis
Killough stated that they are permitted to display items outside which are traditionally sold in an area
not to exceed 5% of the floor area of their building, although they already have 8%.
Commissioner Peebles stated that there appears to be a conflict between Section 29 on Page 45, and
what is listed in Section 38.3.a. He said that if they are putting plants outside, that is one thing, but
if they are putting pre-packaged items that are traditionally sold indoors, that is another.
Vice-Chairman Murphy stated that they are not asking for outside storage, they are asking for a
Specific Use Permit for outside storage of plants or other greenery that is normally available for sale.
He said it is permitted in Section 29.
Mr. Carter said all he is proposing to place outside is greenery and lawn and garden products such
as topsoil. He said he will not have lawn furniture, wheelbarrows, rakes, etc., stored outside.
Pattie Minder asked why Wal-Mart is allowed to have all of the trash and garbage outside.
Mr. Carter said that he would be willing to begin cleaning up the back of his store tonight.
Commissioner Shankland stated that, by right, Wal-Mart is allowed 5% outside storage, but they are
not complying with that because they already have 8%. He questioned that if they are not complying
with that, how is the Commission to believe they would comply with the Specific Use Permit. He
said he would feel much better tonight, if they were in compliance.
Mr. Carter stated that he was given permission by the City Manager and the Assistant City Manager
to store the additional items outside until he went through this approval process. He stated that Wal-
Mart is required to have 631 parking spaces, and they have 746, and he could use a portion of that.
Raymond Blevins (City of Southlake Code Enforcement Officer) stated that the proposed added space
is going to exceed the 5%; it will bring it up to approximately 7.5-8%.
Vice-Chairman Murphy said that he is terribly upset by the pictures and the condition of the back
of this store, and he would love for Mr. Carter to say that he would be willing to come back in a
month after he demonstrated a consistent ability to maintain the outside of the building.
Mr. Carter stated that he has been a store manager for quite some time. He assured the Commission
that he will conduct business the way it should be and live up to the standards.
Chairman Creighton closed the public hearing.
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Commissioner Jones stated that he agrees with Vice-Chairman Murphy and asked if this request is
denied, if there is a six (6) month waiting period before Wal-Mart could make another request. Ms.
Drayovitch stated that if this is denied by City Council, she thinks that there is a waiting period.
Chairman Creighton stated that she appreciates how difficult Mr. Carter's job must be, but she also
understands the concerns of the residents. Her only response to Vice-Chairman Murphy's
suggestion is that she would not be inclined to allow additional outside storage at a later time.
Commissioner Shankland stated that he would be inclined to reconsider this request in a month or
so if Mr. Carter could effect some change.
Commissioner Peebles asked if it is proper for the Commission to deny a Specific Use Permit which
is listed in Section 45.1.29 and not controlled by Section 38, based on some other reason such as
having garbage in the back of the store. Ms. Drayovitch stated that there are some factors listed in
45.6 which give the Commission a little more expression when determining whether or not to grant
a Specific Use Permit.
Motion was made to deny ZA 98-043.
Motion: Peebles
Second: Sandlin
Ayes: Peebles, Murphy, Shankland, Jones, Sandlin, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 05-21-98, tape 2, section #1411)
AGENDA ITEM #13. ZA 98-044. SITE PLAN FOR THE ROOMSTORE:
Planner Stefanie Sarakaitis informed the Commission that this request is for a Site Plan for The
Roomstore on property legally described as being Lot 1, Block 2, Village Center, 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 County, Texas, and being approximately 2.27 acres.
The property is located on the north side of East Southlake Boulevard (F.M. 1709) approximately
400' west of Village Center Drive. The Current Zoning is "C-3" General Commercial District. The
Land Use Category is Retail Commercial. The Owner is The Roomstore. The Applicant is The
Boerder-Snyder Group, Inc. Seven (7) written notices were sent to property owners within the 200'
notification area, and no responses were received.
Tom James (3J Construction Company) presented this item to the Commission. He stated that
they have no real objections to any of the Review Comments but asked that the Commission
consider granting a variance on Item #3 (sidewalk) and Item #4b (height of screening wall). He
said that due to the elevation of the property, he is asking for the screening wall to be 5' in height.
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Due to elevation problems, he asked for the sidewalk to be relocated from the north side of his
property line across the street to the south side of PetsMart property at his expense.
Senior Planner Dennis Killough stated that when PetsMart and Home Depot were presented, the
City did not have a sidewalk ordinance. At that time, the intended location of the trail per the
Parks Department, was for the trial to go up Village Center Drive and to cut through the middle
of this development. The Rooinstore's Concept Plan was submitted prior to the f'mal adoption of
the Sidewalk Ordinance, but since that time the Sidewalk Ordinance was approved and requires
a 6' sidewalk along F.M. 1709 as opposed to a 4' trail along the north side of this property
although a portion of the trail is already constructed up Village Center Drive and across the
middle of Phase 2.
Commissioner Peebles asked Mr. James if he would agree to put a 6' sidewalk on the south side
of this property along F.M. 1709, and Mr. James stated that if they are the only ones required to
build one then it does not make sense, but he would if the Commission requires it.
Commissioner Peebles stated that he thinks the Commission should require the applicant to build
a 6' sidewalk on the south side of the property and a 4' sidewalk on the north side of the driveway
just south of PetsMart.
Chairman Creighton opened the public hearing.
Pattie Minder (SPIN Representative #8) 223 Eastwood Drive, Southlake, Texas, stated that she is
opposed to this request; she would like to see a restaurant on this site as was promised by Mr.
Silverman. She stated that the building is too large for this site. She asked the Commission to deny
this request. She asked the Commission to make sure the applicant complies with the proper
material for the outside of the building. She also said the weeds need to be cut.
Chairman Creighton closed the public hearing.
Motion was made to approve ZA 98-044, subject to Site Plan Review Summary No. 1, dated May
15, 1998, modifying Item #3 requiring a 6' sidewalk on the south side of this property and attempting
to move the 4' sidewalk shown on the plan to the north side of the drive south of PetsMart and if that
is not possible, leave the 4' sidewalk as shown.
Motion: Murphy
Second: Peebles
Ayes: Murphy, Shankland, Jones, Sandlin, Peebles, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 05-21-98, tape 2, section #2423)
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AGENDA ITEM #14. ZA 98-045. REZONING AND CONCEPT PLAN FOR THE WOODS:
Plarmer Stefanie Sarakaitis informed the Commission that this request is for a Zoning Change and
Concept Plan on property legally described as The Woods, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3432, Plat Records,
Tarrant County, Texas, and being approximately 17.083 acres. The property is located on the
southeast comer of the intersection of Florence Road and Pearson Lane. The Current Zoning is
"SF-1A" Single Family Residential District. The Requested Zoning is "SF-20A" Single Family
Residential District. The Land Use Category is Medium Density Residential. The Owner of the
property is V.T. Cross. The Applicant is Fred Joyce-Mary Myers Enterprises, Inc. Twenty-two
(22) written notices were sent to property owners within the 200' notification area, and one (1)
response was received which was in favor.
Fred Joyce presented this item to the Commission. He asked for a variance to Item #la
(curvilinear streets). He said this piece of property is difficult to meet that requirement.
Vice-Chairman Murphy stated that he does not think this plan looks very good with the long, straight
street. He asked Mr. Joyce if the Commission wanted him to meet the curvilinear requirement how
he would propose to do that. Mr. Joyce presented a diagram which meets the curvilinear
requirement.
Chairman Creighton asked why Lot 1, Block 2, is not shown as 30,000 s.f. since it is adjacent to
"SF-1A" property. Mr. Joyce stated that was an error, and he will correct that to be 30,000 s.f. He
apologized for the mistake.
Commissioner Peebles asked if the lot line on Lot 6, Block 2, is correct. Mr. Joyce stated that he
could slope the lot line a little to meet that requirement, too.
Vice-Chairman Murphy asked City staff if the new diagram meets the curvilinear requirement, and
Senior Planner Dennis Killough stated that it is one (1) lot short, but otherwise, it meets the
requirement. Vice-Chairman Murphy stated that he would like to see it work.
Commissioner Sandlin asked if Mr. Joyce has completed a tree survey. Mr. Joyce stated he has an
aerial photo which is what is required. Mr. Killough stated that staff does not get enough of the
aerial photos to distribute to the Commission. Mr. Killough stated that if there were any issues from
the Landscape Administrator, the comments would be listed as a part of the Review Comments.
Chairman Creighton opened the public hearing.
Ken McMinn, 2108 Cumberland Trail, Southlake, Texas, stated that he is representing the Horns and
the Bowmans. He asked if the builder is requiring fencing from Pearson Lane all the way to the
mobile home park.
Mr. Joyce stated that he will require fencing in the deed restrictions.
Planning and Zoning Commission Meeting Minutes on May 21, 1998 Page 17 of 20
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Mr. McMinn stated that Mr. Carmack recently put in a pond which is about 1/3 of an acre. He
expressed his concern regarding children from this new subdivision going out to that pond. He said
Mr. Carmack definitely wants a solid fence. He also said that he wants a fence, too. He would like
to see one (1) acre lots on this property instead. He asked that the developer save as many trees as
possible. He wanted to know what types of homes and the prices of the homes proposed for this
development.
Wanda Stutsman, 2112 Cumberland Trail, Southlake, Texas, stated that she does not want a wood
fence. She recently installed a wrought iron fence and does not want a solid fence. She said it will
be a disappointment to her and her husband to have that property developed. She said that she has
a game plan - she wants to buy them out.
Chairman Creighton closed the public hearing.
Mr. Joyce stated that he is going to investigate the possibility of placing the utilities in front of the
lots in order to save the trees in back. He will probably restrict the size of homes to around 3,000
s.f. with prices starting at approximately $250,000.
Vice-Chairman Murphy stated that he would like to see the curvilinear requirement met; Lot 1
square footage corrected; and Lots 5 and 6 abutting the "SF-1A" corrected.
Commissioner Peebles stated that he did not know anything about the curvilinear ordinance, and he
is a little disappointed to see that this diagram meets the ordinance. He stated that he would like to
see a little more of an 'S' design in the street.
Commissioner Jones stated that almost all of the Medium Density Residential was taken away with
the adoption of the new Land Use Plan and this plan meets the Land Use Plan. He stated that he
does not think the Commission can require more of him than what is shown.
Motion was made to approve ZA 98-045, subject to Concept Plan Review Summary No. 1, dated
May 15, 1998, correcting the error on Lot 1, Block 2, acreage to be shown as 30,000 s.f.; adjusting
the common lot line of Lots 5 & 6, Block 2, to be common with the comer of Lots 17 & 18 of Vista
Trails.
Motion: Jones
Second: Murphy
Commissioner Peebles stated that he would like to see this back at Planning and Zoning before it
goes forward to City Council.
Ayes: Shankland, Jones, Sandlin, Peebles, Murphy, Creighton
Nays: None
Approved: 6-0
Motion carried.
Planning and Zoning Commission Meeting Minutes on May 21, 1998 Page 18 of 20
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(Planning and Zoning Commission meeting, 05-21-98, tape 2, section #3853)
AGENDA ITEM #15. ZA 98-046. REVISED PRELIMINARY PLAT OF THE WOODS:
Planner Stefanie Sarakaitis informed the Commission that this request is for a Revised Preliminary
Plat of The Woods on property legally described as The Woods, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3432, Plat
Records, Tarrant County, Texas, and being approximately 17.083 acres. The property is located
on the southeast corner of the intersection of Florence Road and Pearson Lane. The Current
Zoning is "SF-1A" Single Family Residential District. The Requested Zoning is "SF-20A"
Single Family Residential District. The Land Use Category is Medium Density Residential. The
Owner of the property is V.T. Cross. The Applicant is Fred Joyce-Mary Myers Enterprises, Inc.
Twenty-two (22) written notices were sent to property owners within the 200' notification area,
and two (2) responses were received with one (1) in favor and one (1) opposed.
Fred Joyce presented this item to the Commission. He stated that he will work on the curvilinear
requirement and try to make the plan look better.
Chairman Creighton opened the public hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the public hearing.
Motion was made to approve ZA 98-046, subject to Plat Review Smnmary No. 1, dated May 15,
1998.
Motion: Murphy
Second: Jones
Ayes: Jones, Sandlin, Peebles, Murphy, Shankland, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 05-21-98, tape 2, section #4145)
AGENDA ITEM #16. DUE TO CASE RESOLUTION NO. 97-22. THE FOLLOWING CASES
WILL NOT BE HEARD ON THIS AGENDA AND WILL BE CONTINUED TO JUNE 4. 1998:
Case #ZA 98-047, Rezoning and Concept Plan for The Trailhead, on property legally described as
being Tracts 6A, 7A, and 7B, situated in the J. J. Freshour Survey, Abstract No. 521, and being
approximately 19.006 acres. (Public Heating)
Case #ZA98-048, Preliminary Plat of The Trailhead, on property legally described as being Tracts
6A, 7A, and 7B, situated in the J. J. Freshour Survey, Abstract No. 521, and being approximately
19.006 acres. This plat proposes 27 residential lots and 1 common area. (Public Heating)
Case #ZA98-049, Rezoning and Concept Plan for Anchor Church on property legally described as
being Lot 5, J. J. Freshour No. 521 Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 3094, Plat Records, Tan'ant County, Texas,
and being approximately 0.974 acres. (Public Hearing)
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AGENDA ITEM # 16. MEET1NG ADJOURNMENT:
Chairman Creighton adjourned the meeting at 12:28 a.m. on May 22, 1998.
(Planning and Zoning Commission meeting, 05-21-98, tape 2, section #4152)
Ann Creighton~
Chairman
ATTEST:
Lori A. Farwell
Community Development Secretary
Planning and Zoning Commission Meeting Minutes on May 21, 1998 Page 20 of 20