Loading...
1998-07-23 P&Z Meeting 8 9 10 I1 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 REGULAR PLANNING AND ZONING COMMISSION MEETING July 23, 1998 COMMISSION PRESENT: Chairman Ann Creighton; Vice-Chairman James Murphy; and Commissioners Rob Jones, F. C. LeVrier, C. D. Peebles, and Keith Shankland COMMISSION ABSENT: Mike Sandlin CITY STAFF PRESENT: City Attorney Debra Drayovitch, Community Development Director Greg Last, Public Works Director Bob Whitehead, Deputy Director of Public Works Charlie Thomas, Comprehensive Planner Stefanie Sarakaitis, Staff Engineer Angela Turner, Community Development Secretary Lori Farwell The Work Session started at 6:30 p.m. and ended at 6:55 p.m. The Commission discussed the agenda for the Regular Meeting. The Commission agreed to table Sign Ordinance No. 704 to the August 6, 1998, meeting in order to hold a Work Session in the interim. (Planning and Zoning Commission meeting, 07-23-98, tape 1, section #0755) There was no Executive Session held. The meeting was called to order by Chairman Creighton at 7:06 p.m. AGENDA ITEM #2. APPROVAL OF MINUTES: Chairman Creighton opened discussion of the minutes of the July 9, 1998, Planning and Zoning Commission meeting. Motion was made to approve the July 9, 1998, Planning and Zoning Commission meeting minutes, as presented. Motion: Jones Second: Shankland Ayes: LeVrier, Peebles, Shanldand, Jones, Creighton Nays: None Abstain: Murphy Approved: 5-0-1 Motion carried. (Planning and Zoning Commission meeting, 07-23-98, tape 1, section #0773) AGENDA ITEM #3. ADMINISTRATIVE COMMENTS: There were no Administrative Comments. Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 1 of 15 ,,.., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 "-"3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AGENDA ITEM #6. SIGN ORDINANCE NO. 704. AND AGENDA ITEM #7. ZA 98-058. SITE PLAN FOR FRENCH SQUARE OFFICE COMPLEX: Motion was made to table Sign Ordinance No. 704 and ZA 98-058 and to continue the Public Hearings to the August 6, 1998, Planning and Zoning Commission meeting. Motion: Murphy Second: Jones Ayes: LeVrier, Peebles, Shankland, Jones, Murphy, Creighton Nays: None Approved: 6-0 Motion carried. (Planning and Zoning Commission meeting, 07-23-98, tape 1, section #0832) Agenda Item #4 was on the Consent Agenda. AGENDA ITEM #4. ZA 98-077. FiNAL PLAT FOR TIMARRON ADDITION - VILLAGE 'H' - PHASE lA: Motion was made to approve ZA 98-077 subject to Plat Review Summary No. 1, dated July 17, 1998. Motion: Murphy Second: Peebles Ayes: Peebles, Shankland, Jones, Murphy, LeVrier, Creighton Nays: None Approved: 6-0 Motion carried. (Planning and Zoning Commission meeting, 07-23-98, tape 1, section #0859) The remainder of the items were on the Regular Agenda. AGENDA ITEM #5. ZA 98-048. PRELIMINARY PLAT OF THE TRAILHEAD: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a 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. The property is located on the north side of Johnson Road approximately 180' east of Warrington Lane. The Owners of the property are Jack Johnson (Tracts 7A and 7B) and Hollis Johnson (Tract 6A). The Applicant is Fred Joyce-Mary Myers Enterprises, Inc. The Current Zoning is "AG" Agricultural District. The Land Use Category is Medium Density Residential. 20 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) opposed. Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 2 of 15 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '~'~'3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Fred Joyce (Fred Joyce-Mary Myers Enterprises, Inc.) 1017 William D. Tare, Grapevine, Texas, presented this item to the Commission. He asked the Commission to allow him the opportunity to work with City staffregarding placement of the easements in order to preserve the most trees. 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 98-048 subject to RevisedPlat Review Summary No. 4, dated July 23, 1998, modifying Item #2c to read: "Staff recommends that easements be located adjacent to R.O.W.'s or in existing easements where possible as necessary in order to preserve existing trees." Motion: Murphy Second: LeVrier Ayes: Shankland, Jones, Murphy, LeVrier, Peebles, Creighton Nays: None Approved: 6-0 Motion carried. (Planning and Zoning Commission meeting, 07-23-98, tape 1, section #1100) AGENDA ITEM #8. ZA 98-062. REZONING AND SITE PLAN FOR PARK PLACE PET HOSPITAL: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Zoning Change on property legally described as Lot 1R2, Block A, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2552, Plat Records, Tarrant County, Texas, and being approximately 0.78 acres. The property is located on the south side of East Southlake Boulevard (F.M. 1709) approximately 180' east of Commerce Street. The Current Zoning is "I-1" Light Industrial District. The Requested Zoning is "C-2" Local Retail Commercial District. The Land Use Category is Retail Commemial. The Owner and Applicant is Park Place Pet Hospital. Seven (7) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was in favor. The applicant was not present. The Commission agreed to delay consideration of this item to a point later in the evening to give the applicant the opportunity to arrive. (Planning and Zoning Commission meeting, 07-23-98, tape 1, section #1126) AGENDA ITEM #9. ZA 98-071. SITE PLAN FOR PROPOSED LOT 3R2. BLOCK 1. GEORQI3TOWN PARK: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Site Plan for proposed Lot 3R2, Block 1, Georgetown Park, on property legally described as a portion of Lot 3, Block 1, Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 3 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 according to the plat recorded in Cabinet A, Slide 4216, Plat Records, Tarrant County, Texas, and being approximately 0.84 acres. The property owner is located approximately 800' east of South Kimball Avenue and approximately 200' south of East Southlake Boulevard (F.M. 1709). The Current Zoning is "C-2" Local Retail Commercial District. The Land Use Category is Retail Commercial. The Owner of the property is Georgetown Monticello Partners, Ltd. The Applicant is Realty Capital Corporation. Nine (9) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was in favor. Jimmy Archie (Realty Capital Corporation) 920 S. Main Street, Suite 170, Grapevine, Texas, presented this item to the Commission. He asked for a variance to Item #1 (bufferyards) and Item g2 (parking spaces). He agreed to relocate the required plantings elsewhere on the site. Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Creighton closed the Public Hearing. Commissioner Peebles asked the applicant if he intends to comply with any of the Tree Preservation Analysis comments. Mr. Archie stated that in the case of the 8" Post Oak, they will adjust the parking island to incorporate that tree and reduce their building square footage to meet the parking requirements. Mr. Arehie stated that he also intends to save the small Cedar Elms which are already in his bufferyard. Motion was made to approve ZA 98-071, subject to Site Plan Review Summary No. 1, dated July 17, 1998, waiving Item #1a - d, accepting the plan as proposed and relocating the required plantings elsewhere on the site; stipulating that Item #2 (reciprocal parking agreement) will be completed prior to the issuance of a building permit; accepting the applicant's agreement to adjust the parking island in the northwest comer by eliminating a parking space and reducing the size of the building in order to meet the parking requirements; and accepting the applicant's agreement to incorporate the small Cedar Elms located in the south, east, and north bufferyards into the landscaping of the site. Motion: Murphy Second: Shankland Ayes: Jones, Murphy, LeVrier, Peebles, Shankland, Creighton Nays: None Approved: 6-0 Motion carried. (Planning and Zoning Commission meeting, 07-23-98, tape 1, section #1589) AGENDA ITEM #10. ZA 98-073. REZON1NG FOR SHELTONWOOD: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Zoning Change on property legally described as Tracts lA and 1C1A situated in the Joel W. Chivers Survey, Abstract No. 350, and Tract 2B 1 situated in the James L. Chivers Survey, Abstract No. 348, and being approximately 24.225 acres. The property is located on the north side of East Dove Street approximately 125' east of Ridgecrest Drive. The Current Zoning is "AG" Agricultural District. The Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 4 of 15 ~.~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ~-""t Requested Zoning is "SF-1A" Single Family Residential District. The Land Use Category is Low Density Residential and 65 LDN Overlay Corridor. The Owners of the property are Charles and Elaine Bell and John Shelton. The Applicant is Four Peaks Development, Inc. Twenty-seven (27) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was in favor. David McMahan (Four Peaks Development, Inc.) 1335 Hidden Glen, Southlake, Texas, presented this item to the Commission. Chairman Creighton opened the Public Hearing. Pamela Muller, 214 WestwoodDrive, Southlake, Texas, stated that she is on the Airport Committee for the City of Southlake. She stated that the City requires an acoustical engineer to review the plans for any buildings located within the Airport Overlay Corridor, and the current standards for residential buildings in Southlake very easily meet the additional requirements. Kenneth Horne, 1215 Ashmore Court, Southlake, Texas, stated that he believes this will be a fine addition to the City but asked the developer to not "wall in" this development. He said there are too many walls up in the south part of the City around the Timarron developments. Chairman Creighton closed the Public Heating. Motion was made to approve ZA 98-073. Motion: Second: Ayes: Nays: Approved: Murphy LeVrier Murphy, LeVrier, Peebles, Shankland, Jones, Creighton None 6-0 Motion carried. (Planning and Zoning Commission meeting, 07-23-98, tape 1, section #1908) AGENDA ITEM #11. ZA 98-074. PRELIMINARY PLAT FOR SHELTONWOOD: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Preliminary Plat of SheltonWood on property legally described as Tracts 1A and 1C lA situated in the Joel W. Chivers Survey, Abstract No. 350, and Tract 2B1 situated in the James L. Chivers Survey, Abstract No. 348, and being approximately 24.225 acres. The property is located on the north side of East Dove Street approximately 125' east of Ridgecrest Drive. The Current Zoning is "AG" Agricultural District. The Land Use Category is Low Density Residential and 65 LDN Overlay Corridor. The Owners of the property are Charles and Elaine Bell and John Shelton. The Applicant is Four Peaks Development, Inc. Twenty-seven (27) 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 Minutes on July 23, 1998 Page 5 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '-'3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Regarding Item #1d, Director Last asked the Commission to grant the applicant and the staff the ability to work together to come up with the best solution to move the R.O.W. due to the large transmission line. Regarding Item #8, he stated that the existing home in this subdivision already has access to Dove Road and should continue to have access to Dove Road and suggested deleting this item. David McMahan (Four Peaks Development, Inc.) 1335 Hidden Glen, Southlake, Texas, presented this item to the Commission. He asked to delete Items #la (two planned points of access); #lb (1,000 feet cul-de-sac length); #1d (R.O.W. dedication for East Dove Road); #4c (100' lot width); #4e (perpendicular or radial lot lines); #4g (40' building setback line); and #8 (driveway access on East Dove Road). He said that the name, SheltonWood Court, is being changed to BellWood Court. Mr. McMahan also asked for a variance to the Subdivision Ordinance to allow him the ability to gate this community from the hours of 7:00 p.m. to 7:00 a.m. He stated that this will be a very exclusive neighborhood with the lots being sold at an average of $150,000 per lot and the homes being typically 4 ½ to 6 times the lot value. Director Last stated that on the plan as submitted, there is no representation of Mr. McMahan's desire for this community to be gated or private. He stated that there is no review comment to that effect since it is not shown on the plan. Chairman Creighton opened the Public Hearing. Pamela Muller, 214 Westwood Drive, Southlake, Texas, stated that she was on the City Council when they passed the ordinance prohibiting gated communities. She said they found the gates to be "non-community" and that Southlake is very similar in all of its' residential areas. She stated that if these gates are allowed, then the City must be prepared for many other approved plats coming back for approval on gates, also. Peter Rue, 2525 Ridgecrest, Southlake, Texas, stated that he lives west and adjacent to this property and asked when and where he would connect to the sewer system. He stated that he was told by the City that he would connect to the sewer through this new neighborhood. He stated that he is in favor of this development. Deputy Director of Public Works Charlie Thomas stated that when his department reviews the utility plans for this project, they will take the adjacent properties into account. Roger Hurlbut (Attorney for Wendel and Terri Burton, 1021 Quail Run) 4025 Woodland Park Boulevard Suite 190, Arlington, Texas, stated that his clients want the Commission to be aware of the existing pond on Lot 5 which overflows and affects surrounding developments. He asked that a drainage study be completed on this property. Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 6 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 ~'~3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 John Shelton stated that the drainage problem was corrected about two (2) years ago. He stated that there were three (3) underground culverts put in the dam of the pond. He stated that the water never reaches more than two feet (2') deep in the pond. He said this is not a current problem. Peter Rue said that there has been a spillway placed on the south end of the dam and said it will not flow to the north anymore. Chairman Creighton closed the Public Hearing. (Planning and Zoning Commission meeting, 07-23-98, tape 1, section #3264) Commissioner Peebles asked how the Commission should address the issue of the gates. Since it is not shown on the plans, he asked if the applicant has appropriately notified the community of his intention to gate this development. City Attorney Debra Drayovitch stated that it is okay to go ahead and act on this request tonight. Commissioner LeVrier asked Mr. McMahan if it would be a "deal-breaker" if this development was not promoted as a gated community. Mr. McMahan stated that it would not be a "deal-breaker." Mr. McMahan stated that it was presented as a gated community at the SPIN meeting. Tom Matthews (Four Peaks Development, Inc.) 9237 Frenchman's Way, Dallas, Texas, stated that he attended the SPIN meeting and addressed the issue of this development being gated. He stated that there were no objections voiced regarding the gates. Vice-Chairman Murphy stated that he does not feel strongly one way or the other about the gates. He pointed out that the Commission is dealing with plat issues tonight, and he feels the issue of gates is more a question of policy with the City Council. Commissioner Peebles stated that he does not want to dictate policy to the City Council, but that the City Council has previously decided to exclude gated communities, so we should refuse this request. Commissioner LeVrier stated he could go either way regarding the gated community. He stated that he will go with the rest of the Commission on that issue. Motion was made to approve ZA 98-074, subject to Revised Plat Review No. 1, dated July 20, 1998, denying the applicant's oral request for a gated entrance presented to the Commission tonight; deleting Items #la (two planned points of access) and #lb (1,000 feet cul-de-sac length); granting the flexibility of the applicant to work with the staff regarding the required R.O.W. on Item #1d; deleting Items #4c (100' lot width), #4e (perpendicular or radial lot lines), and g4g (40' building setback); accepting the applicant's request to change the name SheltonWood Court to BellWood Court; and deleting Item #8 (driveway access to East Dove Road). Motion: Murphy Second: Jones Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 7 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Ayes: LeVrier, Peebles, Shankland, Jones, Murphy, Creighton Nays: None Approved: 6-0 Motion carried. (Planning and Zoning Commission meeting, 07~23-98, tape 1, section #3807) Chairman Creighton called for a break at 8:34 p.m. Chairman Creighton called the meeting back to order at 8:55 p.m. AGENDA ITEM #12. ZA 98-075. REZONING FOR LOCH MEADOW ESTATES (SUBMITTED AS WILDWOODS: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Zoning Change on property legally described as Tract 2B and a portion of Tract 2B1 situated in the Rees D. Price Survey, Abstract No. 1207, and being approximately 30.058 acres. The property is located approximately 250' east of the intersection of Ridgecrest Drive and Woodland Drive. 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 Owners of the property are Anthony and Jo Ann Scamardo. The Applicant is Larry Cole Investments. Thirteen (13) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was opposed. John Levitt, 726 Commerce, Suite 104, Southlake, Texas, presented this item to the Commission. Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Creighton closed the Public Heating. Motion was made to approve ZA 98-075. Motion: Second: Ayes: Nays: Approved: Murphy Shankland Peebles, Shankland, Jones, Murphy, LeVrier, Creighton None 6-0 Motion carried. (Planning and Zoning Commission meeting, 07-23-98, tape 1, section #3958) AGENDA ITEM #13. ZA 98-076. PRELIMINARY PLAT FOR LOCH MEADOW ESTATES (SUBMITTED AS WILDWOODS}: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Preliminary Plat of Wildwood on property legally described as Tract 2B and a portion of Tract 2B 1 situated in the Rees D. Price Survey, Abstract No. 1207, and Lot 12-R-3-A, Block 4, South Lake Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 8 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Cabinet A, Slide 2791, Plat Records, Tarrant County, Texas, and being approximately 31.412 acres. The property is located on the east side of Ridgecrest Drive approximately 600' south of the intersection of Ridgecrest Drive and Woodland Drive. The Current Zoning is "AG" Agricultural District and "SF-1A" Single Family Residential District. The Land Use Category is Low Density Residential. The Owners of the property are Anthony and Jo Ann Scamardo, and Larry Cole Investments. The Applicant is Larry Cole Investments. Fourteen (14) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was opposed. John Levitt, 726 Commerce, Suite 104, Southlake, Texas, presented this item to the Commission. He stated that due to staff's recommendation, the plat name has been changed to Loch Meadow Estates and the street has been changed to Loch Meadow Court. He asked for variances to Items #7b (100' lot width) and #9b (1000' maximum length of cul-de-sac). Commissioner Peebles asked Mr. Levitt if he could curve the northern part of Wildwood Court. Mr. Levitt stated that he really cannot shift the street much because they are tied into the 572 flowage easement from the Corps. of Engineers and Lake Grapevine, and they are trying to keep buildable areas on the west lots. After further evaluation, Mr. Levitt stated that he could probably curve the street to the east approximately 20' somewhere between Lots 9 and 13. Director Last asked the Commission to make the following amendments to Plat Review Summary No. 1, dated July 17, 1998: Item #5h (lO'width); Item #7b (Lot 3 - IO0'building line); amending Item #5d to require the relocation of the drainage and utility easement between Lots 9 and 10 to outside the tree cover; and the addition of Item #12 (Designate a public access easement within the residential lots or designate it as a common area with a lot number). Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Creighton closed the Public Heating. Commissioner Peebles asked Mr. Levitt if he could move the street 25' to the east to create a curve in it. Mr. Levitt stated that it is something they will need to evaluate. He stated that will add a curve somewhere between Lots 9 and 10 and the end of the cul-de-sac. Mr. Levitt stated that he believes they can get 20', but not 25'. Commissioner Peebles stated he would like to require 25' in the motion, and Mr. Levitt will have time to change his plans before City Council and if he absolutely cannot get the 25', then City Council can revise the motion. Motion was made to approve ZA 98-076 subject to Plat Review Summary No. 1, dated July 17, 1998, modifying Item #5d requiring the sanitary sewer line, the drainage easement, and the public access easement be moved to the southeast comer; amending Item #5h from 10" to 10'; deleting Item #7b and accepting as shown; deleting Item #9a (two planned points of access); amending Item #9b granting relief to the maximum length and adding a 25' offset to the east between Lots 9 and 13; and adding Item #12 (Designating a public access easement within the residential lots or designating it as a common area with a lot number). Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 9 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Motion: Second: hyes~ Nays: Approved: Murphy Shanldand Shankland, Jones, Murphy, LeVrier, Peebles, Creighton None 6-0 Motion carried. (Planning and Zoning Commission meeting, 07-23-98, tape 1, section #5006) AGENDA ITEM #14. ZA 98-078. PLAT REVISION FOR THE PROPOSED TIMARRON ADDITION- VILLAGE 'H' -PHASE lB: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Plat Revision for the proposed Timarron Addition - Village H - Phase lB, being a revision of Lots 2 and 3 of Plum Creek Manor, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-161, Page 17, Plat Records, Tarrant County, Texas, and being a portion of Tract 1 situated in the Bamett& Hollingsworth Survey, Abstract No. 797, and a portion of Tract 1D situated in the John N. Gibson Survey, Abstract No. 591, and being approximately 6.659 acres. The property is located on the south side of East Continental Boulevard at the intersection of Old Carroll Road and East Continental Boulevard. The Current Zoning is "R-PUD" Residential Planned Unit Development District. The Land Use Category is Low Density Residential. The Owner and Applicant is Westerra - Timarron, L.P. Nine (9) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was opposed. Richard Payne (Carter and Burgess) 7950 Elmbrook Drive, Suite250, Dallas, Texas, presented this item to the Commission. He stated that they agree with all Staff Review Comments. Chairman Creighton opened the Public Heating. Bill,lennings, 1199 East Continental Boulevard, Southlake, Texas, stated that Carter and Burgess' engineers told him that the water coming offofthis property to his property will be less than 1% of water that he is currently receiving. He said he is currently receiving water from Timarron's property across Continental Boulevard. He stated that Timarron's contractors have torn down one of his fences. He stated that Timarron raised the grade of their property by 4'. He stated that he has discussed trading some his land for some of Timarron's land. Director Last clarified that 1% of Timarron's property is what goes to Mr. Jermings' property, not there will be a 1% change in the drainage that goes to his property. Director Last said the entirety of Mr. Jennings' watershed drains south, but the majority of the drainage going through Mr. Jennings' property is coming from north of Continental Boulevard. Deputy Director of Public Works Charlie Thomas stated that this plat being looked at tonight is no different than the existing plat that exists currently. He said it is the same plat as far as drainage issues, etc. Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 10 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Shankland asked where Versailles' water currently drains. Mr. Thomas stated that it comes through a box culvert on the north side of Continental Boulevard, crosses under Continental Boulevard, and flows into the channel on the south side of Continental Boulevard. Commissioner Jones asked Mr. Jennings if he has drainage concerns regarding the plat before the Commission tonight. Mr. Jennings stated that he is willing to accept the 1% of water the engineer told him about, but said he has doubts about that amount. Mr. Payne stated that the current design of Lot 20 shows it being raised by 1', not 4', above natural ground. Chairman Creighton asked what happened to the 4' of fill that Mr. Jennings spoke of. Mr. Payne stated that, initially, it was raised 4' in order to drain into the street, Barlow Bend. He said that after meeting with Mr. Jennings and understanding his concerns, Lot 20 will now drain to the west and to the creek and the grade of Lot 20 will be reduced. Chairman Creighton told Mr. Jennings that unfortunately the Commission cannot address problems with plats previously approved, but they can address any impact this plat has on his property. Mr. Payne stated that they can place a swale on the west side of Lot 20 which will direct the water south and away from Mr. Jennings' property. Keith Turner, 1027 East Continental Boulevard, $outhlake, Texas, stated that Mr. Jennings' property is now 3' lower than the surrounding property. He said if Mr. Payne is wrong about the 1% drainage issue, then Mr. Jennings will bare the bulk of the problem. He stated that Timarron has raised the property to the east by 4'. Commissioner Shankland asked if there is some sort of land swap being discussed that might ease Mr. Jennings' concems. Mr. Payne stated that Mr. Jennings had brought up the issue, and he (Mr. Payne) passed that along to Steve Yetts. (Planning and Zoning Commission meeting, 07-23-98, tape 1, section #7283) Vice-Chairman Murphy questioned that if the Commission gave them a little more time to work on this land swap, if there might be a different outcome. Commissioner Peebles stated that he is afraid Mr. Jennings will lose his leverage if the Commission approves this Plat Revision. Mr. Payne stated that he understands the Commission to be saying, if the land swap is not valid, then the City is willing to force Timarron into swapping land with an adjacent property owner. Mr. Payne stated that the land swap is between Steve Yetts and Mr. Jennings. Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 11 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~"~'3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Shanldand stated that the feeling he gets tonight is that Timarron is willing to bend over backwards to help and to relieve the situation. Commissioner Jones stated that it does not appear this development is causing the problems for Mr. Jennings. He does not think the Commission can hold this development responsible for drainage coming off of Versailles and Wyndsor Creek. Vice-Chairman Murphy said he understood the land swap had more to do with the fence being tom down and the fill that was placed on Mr. Jeunings' property, than it had to do with the affect it had on the drainage. Mr. Payne suggested placing a swale on the west side of Lot 20 and directing water south to a Y- inlet and into the 20' drainage easement on Lot 13. Commissioner Jones stated that the box culvert on Continental Boulevard is not part of this request tonight. He said the Commission cannot hold Timarron's feet to the fire on something that has nothing to do with this development. Commissioner Shankland stated that the Commission is trying to do their best to help Mr. Jermings. He said he appreciates Timarron's willingness to go the extra mile. Mr. Payne stated that if the only outstanding issue is the minor amount of water Timarron has draining onto Mr. Jeunings' property, then there are engineering solutions to avoid that. Commissioner Peebles asked Mr. Payne to consider tabling this item and in the meantime, work on the engineering solutions and/or the land swap with Mr. Jeunings. Mr. Payne stated that he would like to keep the land swap completely separate from these discussions. He said if the land swap works out, fine, but if it does not, he does not want it to be a tool to hold up this plat. Chairman Creighton asked Mr. Payne if he is willing to table. Mr. Payne stated that he does not see a reason to table since they have approved construction plans, and he can come up with a solution to help resolve the drainage that Mr. Jeunings is seeing coming from this property. He would like to proceed forward. Commissioner LeVrier asked if Mr. Payne can commit to there being no drainage off of Lot 20 onto Mr. Jeunings' property. Mr. Payne stated that he will commit. Commissioner Shankland asked Mr. Thomas if he is confidant that Mr. Payne can accomplish these goals, and Mr. Thomas stated that he has no problem with Mr. Payne being able to do it. Chairman Creighton closed the Public Hearing. Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 12 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~'""~ 3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Motion was made to approve ZA 98-078, subject to Plat Review Summary No. 1, dated July 17, 1998, with the following modifications: eliminating the 1% drainage from Timarron's property to Plum Creek Manor; installing an inlet directing water out of the ditch; placing a swale on the west side of Lot 20 adjacent to Mr. Jennings' property; reducing the elevation of Lot 20 by 3' (from 4' to I'); and/or any other measures to accomplish the goal. Motion: Second: Ayes: Nays: Approved: Murphy Jones Jones, Murphy, LeVrier, Peebles, Shankland, Creighton None 6-0 Motion carried. (Planning and Zoning Commission meeting, 07-23-98, tape 2, section #0765) AGENDA ITEM #15. ZA 98-080. PLAT REVISION FOR THE PROPOSED LOTS 4R1.4R2. AND 4R3. J. G. ALLEN NO. 18 ADDITION: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Plat Revision for the proposed Lots 4R1, 4R2, and 4R3, J. G. Allen No. 18 Addition, being a revision of Lot 4, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1253, Plat Records, Tarrant County, Texas, and being approximately 4.297 acres. The property is located on the northwest comer of the intersection of West Southlake Boulevard (F.M. 1709) and Randol Mill Avenue. The Current Zoning is "C-3" General Commercial District. The Land Use Category is Retail Commemial and 100 Year Flood Plain. The Owner of the property is James H. Martin. The Applicant is Mark Cox. Two (2) written notices were sent to property owners within the 200' notification area, and no responses were received. Director Last stated that the Commission needs to add an Item #17 which reads, "Provide a 56' R.O.W. reservation along the east portion of the property to accommodate future expansion plans of F.M. 1938 and to relocate the 50' building line from this reservation line." James Martin presented this item to the Commission. He stated that he does not have any problems with the Staff Review Comments. He stated that the reservation does not worry him too much, because there is no way he would build anything in that area anyway. Commissioner Peebles asked Mr. Martin why he is proposing this change. Director Last stated that it is to accommodate Mark Cox's Veterinary Clinic (Lot 4R1) on the southwest comer of the property which was approved several week ago. Director Last stated that Mr. Martin illegally sold the southeast comer (Lot 4R3) which has a convenience store currently there. Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak. Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 13 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~'~3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Chairman Creighton closed the Public Hearing. Motion was made to approve ZA 98-080, subject to Plat Review Summary No. 1, dated July 17, 1998, deleting Item #4 (perpendicular or radial lot lines), and adding Item #17 (Provide a 51' R.O.W. reservation along the east portion of the property to accommodate future expansion plans o£F.M. 1938 and to relocate the 50' building line from this reservation line). Motion: Second: Ayes: Nays: Approved: Murphy LeVrier Murphy, LeVrier, Peebles, Shankland, Jones, Creighton None 6-0 Motion carried. (Planning and Zoning Commission meeting, 07-23-98, tape 2, section #1271) AGENDA ITEM #8. ZA 98-062. REZONING AND SITE PLAN FOR PARK PLACE PET HOSPITAL: Motion was made to table and to continue the Public Heating to the August 6, 1998, Planning and Zoning Commission meeting due to the applicant not being present. Motion: Second: Ayes: Nays: Approved: Murphy LeVrier LeVrier, Peebles, Shankland, Jones, Mmphy, Creighton None 6-0 Motion carried. (Planning and Zoning Commission meeting, 07-23-98, tape 2, section #1368) DUE TO CASE RESOLUTION NO. 97-22, THE FOLLOWING CASES WERE NOT HEARD ON THIS AGENDA AND WERE CONTINUED TO AUGUST 6, 1998: ZA 98-079, CONCEPT PLAN FOR LOT 3, BLOCK 3, DIAMOND CIRCLE ESTATES, on property legally described as being Lot 3, Block 3, Diamond Circle Estates, an addition to the City of S outhlake, Tarrant County, Texas, according to the plat recorded in Volume 388-177, Page 7, Plat Records, Tarrant County, Texas, and being approximately 1.02 acres. (Public Hearing.) AGENDA ITEM #17. MEETING ADJOURNMENT: Chairman Creighton adjourned the meeting at 10:50 p.m. on July 23, 1998. (Planning and Zoning Commission meeting, 07-23-98, tape 2, section #1374) Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 14 of 15 2 5 6 7 8 9 10 t½ 13 14 15 ATTEST: Lori A. Farwell A~'~. Creightorn~ Chairman Community Development Secretary L:\COMDEV~WP-FILESLMTG~IIIq~ 1998\07-23 -98.WPD Planning and Zoning Commission Meeting Minutes on July 23, 1998 Page 15 of 15