1998-10-08 P&Z Meeting 1
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REGULAR PLANNING AND ZONING
COMMISSION MEETING
October 8, 1998
COMMISSION PRESENT: Chairman Ann Creighton; Vice-Chairman James Murphy; and
Commissioners Rob Jones, F. C. LeVrier, C. D. Peebles, Mike Sandlin, and Keith Shanidand.
COMMISSION ABSENT: None.
CITY STAFF PRESENT: Greg Last, Director of Community Development; Chris Carpenter, Senior
Comprehensive Planner; Charlie Thomas, Deputy Director of Public Works; Angela Turner, Staff
Engineer; and Lori Farwell, Community Development Secretary.
The Work Session started at 6:21 p.m. and ended at 7:00 p.m.
(Planning and Zoning Commission meeting, 10-08-98, tape 1, section #1150)
There was no Executive Session held.
The meeting was called to order by Chairman Creighton at 7:09 p.m.
AGENDA ITEM #2. APPROVAL OF MINUTES:
Chairman Creighton opened discussion of the minutes oft_he September 17, 1998, Planning and
Zoning Commission meeting.
Motion was made to approve the September 17, 1998, Planning and Zoning Commission meeting
minutes, as presented.
Motion: Murphy
Second: LeVrier
Ayes: Murphy, Sandlin, LeVrier, Peebles, Shanldand, Jones, Creighton
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-08-98, tape 1, section #1235)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
There were no Administrative Comments.
Planning and Zoning Commission Meeting Minutes on October 8, 1998 Page 1 of 13
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AGENDA ITEM/64. ZA 98-101. SITE PLAN FOR LOT 3. BLOCK 3. DIAMOND CIRCLE
ESTATES:
Motion was made at the applicant's request to table ZA 98-101 and to continue the Public Hearing
to the October 22, 1998, Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Jones
Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-08-98, tape 1, section #1251)
AGENDA ITEM #5. ZA 98-102. FINAL PLAT FOR TIMARRON ADDITION. VILLAGE 'H'.
PHASE II:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Final Plat on property legally described as being Tracts lA, 2Gl, 2H1, 2J1, 2K1, and a portion of
Tract 1D, situated in the John N. Gibson Survey, Abstract No. 591, and Tract 2H situated in the
Hollingsworth and Barnett Survey, Abstract No. 797, and being approximately 65.296 acres. The
property is located on the southwest comer of the intersection of East Continental Boulevard and
Bmmlow Avenue. The Current Zoning is "R-PUD" Residential Planned Unit Development District.
The Land Use Category is Medium Density Residential. The Owner and Applicant is Westbrook
Communities. There are no notices required to be sent on Final Plats.
Richard Payne (Carter & Burgess, Inc.) 7950 Elmbrook, Suite 250, Dallas, Texas, presented this
item to the Commission. He stated they have received staffs review comments and agree to all items
with the exception of Items #6 (compliance with existing approved plans), #10a (R.O.W.
dedication), and # 1 Od (curvilinear street design).
Although this case was not a Public Heating, Chairman Creighton asked if anyone in the audience
would like to speak. No one in the audience stepped forward to speak.
Commissioner Peebles stated he appreciates the fact that the applicant made the effort to come into
compliance with the curvilinear requirements.
Motion was made to approve ZA 98-102, subject to Plat Review Summary No. 2, dated October
2, 1998, accepting Items #6 (compliance with existing approved plans), #10a (R.O.W. dedication),
and #1 Od (curvilinear street design) as presented.
Motion: Murphy
Planning and Zoning Commission Meeting Minutes on October 8, 1998
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Second: Jones
Ayes: LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-08-98, tape 1, section #1510)
AGENDA ITEM #6. ZA 98-105. REVISED CONCEPT PLAN FOR ST. MARTIN-IN-THE-
FIELDS:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Revised Concept Plan for St. Martin-in-the-Fields on property legally described as being Lot 1,
Block 1, St. Martin-in-the-Fields Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 1346, Plat Records, Tarrant County, Texas,
and being approximately 7.044 acres. The property is located on the east side of South Pearson Lane
approximately 800' south of West Southlake Boulevard (F.M. 1709). The Current Zoning is "CS"
Community Service District. The Land Use Category is Public/Semi-Public. The Owner of the
property is St. Martin-In-The-Fields. The Applicant is D/B Constructors, Inc. Four (4) written
notices were sent to property owners within the 200' notification area, and one (1) response was
received which was in favor.
Director Last clarified that the scope of this review was only on Lot 1, Block 1.
Alan Jackson (DB Constructors, Inc.) 412 Starlight Drive, Keller, Texas, presented this item to the
Commission. He stated they will accept ail items listed in the review summary with the exception
of Items #4a (landscaped parking islands), #4b (bufferyard along the south property line), and #6
(drive lane encroachment).
Chairman Creighton opened the Public Hearing.
Helen Simpson, 2017 Florence Road, Keller, Texas, stated she is a member of St. Martin-in-the-
Fields. She stated she supports Mr. Jackson and the exceptions he has requested. She feels the
exceptions he is asking for are reasonable.
dames Wilson, 25 Chimney Rock Drive, Trophy Club, Texas, stated he has been a member of the
church for 11 years. He said they have always tried to be financiaily responsible and not to do things
in an ostentatious manner. He whole-heartedly supports what Mr. Jackson has proposed. He said
if they can put their landscaping in other places rather than the parking lot, he thinks they will be
better served.
Miriam Moore, 6637 Ridge Top Drive, Watauga, Texas, said she is a member of the church and
Planning and Zoning Commission Meeting Minutes on October 8, 1998
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supports all aspects of Mr. Jackson's proposal. She would like them to be able to take the money for
the landscaping in the parking lots and put it towards trees and shrubs on other parts of the site.
Margaret Archibald 2907 Scenic Drive, Grapevine, Texas, said she is a member of the church. She
said they are getting ready to build a sanctuary and are pinching pennies wherever they can at this
point. She said she supports Mr. Jackson's proposal and supports his request for variances.
Margaret Bartlett, 6872 Hickery Hollow Lane, North Richland Hills, Texas, said she is British and
loves gardens and asked the Commission to accept the variances requested by Mr. Jackson.
Robert Bess, 7600 Ridgeway Avenue, North Richland Hills, Texas, said he supports Mr. Jackson's
proposal. He said they should not be required to cut up parking lots and add plants just because
Southlake's requirements have changed; that would be a huge expense to the church. He asked the
Commission to accept Mr. Jackson's proposal.
Phyllis Bess, 7600 Ridgeway Avenue, North Richland Hills, Texas, asked the Commission to approve
the variance Mr. Jackson has requested to Item #4b. She said people will be accessing the soccer
fields from their parking lot, and it would be a waste to place a bufferyard right in the middle.
Sue Mitchell, 409 Brazil Drive, Hurst, Texas, stated she is the Treasurer of the church. She stated
the church owns both properties and has no intention of selling either property. She asked for the
Commission to handle the two (2) properties as one (1).
Jesse Smith, 2825 Winterhaven, Hurst, Texas, said he is the Assistant Director of the church. He
said he recently spoke with Sherry Berman from the Parks Department who stated the Parks
Department is very interested in getting the baseball diamond; she said they really need baseball
diamonds right now. He said the church is interested in making the baseball diamond and the soccer
fields available to the City of Southlake. He said he thinks Mr. Jackson has made very good
corrections to their plans.
Sheila Scaggs, 1718 Redwing Drive, Southlake, Texas, said she recently built a home in Southlake
and understands how important all of the roles and regulations are. She said they realize as church
members that they are spending someone else's money and hope to be as financially responsible as
possible with that money. She said she supports Mr. Jackson and ail of the variances he has
requested.
Mr. Jackson said the reason they had to submit a Revised Concept Plan at this time is because they
received two (2) yellow tags of non-compliance due to a portion of their building (47') not being
constructed o£a masonry material. He said all of the other requirements came into play as a result
of their new Concept Plan.
Planning and Zoning Commission Meeting Minutes on October 8, 1998 Page 4 of 13
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Chairman Creighton stated she was also contacted by Sherry Berman who told her that the Park
Board supports the variance to Item #4b (5' bufferyard at south property line). She said Mrs. Berman
also indicated to her that the Park Board is in dire need of baseball diamonds. Chairman Creighton
stated her daughter is a Brownie and thanked the church for allowing the Troop to meet in their
facility.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 10-08-98, tape 1, section #2160)
Commissioner Jones stated the variances the church is asking for seem to be based on the fact this
is one (1) site, and it is technically two (2) lots; he does not have a problem with that.
Vice-Chairman Murphy asked staff if a reciprocal agreement (Item #6) is really necessary given the
fact that the church owns both lots.
Community Development Director Greg Last stated they could provide a letter to the City granting
permission for both lots.
Vice-Chairman Murphy stated he is completely sympathetic to every item the church brought
forward.
Commissioner Peebles asked the applicant if he would have any problems putting landscaped islands
in the future parking areas.
Mr. Jackson stated the new Concept Plan will show the landscaped areas in the new parking areas.
Commissioner LeVrier stated he sees a potential problem with future parking requirements on this
site. He said they are going to get themselves comered as far as parking requirements if they are not
careful.
Director Last agreed and suggested that the applicant to do a Master Plan of their entire site. He said
if they prepare a Master Plan, the City could do a cursory evaluation of their uses and their parking
ratios prior to final approval by Council.
Mr. Jackson stated he is currently working on a Master Plan. He said they realize they may not be
able to do all they have planned on the site.
Director Last stated that in all likelihood the surrounding properties will develop residentially and
the more thorough the church's comprehensive plan is, the more the adjacent property owners will
understand what the church intends to do with the property.
Planning and Zoning Commission Meeting Minutes on October 8, 1998
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Motion was made to approve ZA 98-105, subject to Concept Plan Review Summary No. 1, dated
October 2, 1998, allowing existing parking as shown (Item #4a); accepting applicant's
acknowledgment to substitute an equal amount of landscaping to a different location to a future Site
Plan; deferring Item g4b (bufferyard) to a future Site Plan; requiring a letter to be placed in the file
for reciprocal parking agreement (Item #6); and requiring parking islands in future parking.
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Shankland
Peebles, Shankland, Jones, Murphy, Sandlin, LeVrier, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-08-98, tape 1, section #2747)
Commissioner LeVrier advised the Commission that he will be abstaining from Agenda Item #7, ZA
98-106, and Agenda Item #8, ZA 98-107. He stated his fn'm is the architect of record on the project.
AGENDA ITEM #7. ZA 98-106. SITE PLAN FOR KIRBY'S STEAKHOUSE:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Site Plan for Kirby's Steakhouse on property legally described as Lot 9, Block A, of the approved
Plat Revision of Southlake Bank Place and being a portion of Lot 4R-2R-3, Block A, Southlake
Bank Place, an addition to the City of Southlake, Tarrant County, Texas, according to the plat
recorded in Cabinet A, Slide 2242, Plat Records, Tarrant County, Texas, and being approximately
2.00 acres. The property is located east of Bank Street, southwest of State Highway 114, and
approximately 400' south of East Southlake Boulevard (F.M.1709). The Current Zoning is "C-3"
General Commercial District. The Land Use Category is Retail Commercial with a portion being
in the 65 LDN Overlay Corridor. The Owner of the property is Southlake Investments, L.L.C. The
Applicant is Kirby's Steakhouse. Three (3) written notices were sent to property owners within the
200' notification area, and no responses were received.
John Levitt (dE. Levitt Engineers) 726 Commerce, Suite 104, Southlake, Texas, presented this item
to the Commission. He asked the Commission to allow Item #la (rear bufferyard) as shown.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 10-08-98, tape 1, section #3064)
Motion was made to approve ZA 98-106, subject to Site Plan Review Summary No. 1, dated
October 2, 1998, allowing for the bufferyard to be relocated to the east back of curb on the west
Planning and Zoning Commission Meeting Minutes on October 8, 1998
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common drive (Items #la and #lb).
Motion: Jones
Second: Sandlin
Ayes: Shankland, Jones, Mmphy, Sandlin, Peebles, Creighton
Nays: None
Abstain: LeVrier
Approved: 6-0-1
Motion carried.
(Planning and Zoning Commission meeting, 10-08-98, tape 1, section #3265)
AGENDA ITEM #8. ZA 98-107. SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC
BEVERAGES FOR ON-PREMISE CONSUMPTION PER ZONING ORDINANCE NO. 480.
SECTION 45.1 (1 ~ FOR KIRBY'S STEAKHOUSE:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Specific Use Permit for the sale of alcoholic beverages for on-premise consumption per Zoning
Ordinance No. 480, Section 45.1 (1) for Kirby's Steakhouse on property legally described as Lot 9,
Block A, of the approved Plat Revision of Southlake Bank Place and being a portion of Lot 4R-2R-
3, Block A, Southlake Bank Place, an addition to the City of Southlake, Tan'ant County, Texas,
according to the plat recorded in Cabinet A, Slide 2242, Plat Records, Tarrant County, Texas, and
being approximately 2.00 acres. The property is located east of Bank Street, southwest of State
Highway 114, and approximately 400' south of East Southlake Boulevard (F.M. 1709). The Current
Zoning is "C-3" General Commercial District. The Land Use Category is Retail Commercial and
65 LDN Overlay Corridor. The Owner of the property is Southlake Investments, L.L.C. The
Applicant is Kirby's Steakhouse. Three (3) written notices were sent to property owners within the
200' notification area, and no responses were received.
John Levitt (~.E. Levitt Engineers) 726 Commerce, Suite 104, Southlake, Texas, presented this item
to the Conmaission.
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 98-107, subject to ZA 98-106 Site Plan Review Summary No. 1,
dated October 2, 1998, and restricting the Specific Use Permit to this applicant (Kirby's Steakhouse)
only.
Motion:
Second:
Ayes:
Jones
Sandlin
Jones, Murphy, Sandlin, Peebles, Shanldand, Creighton
Planning and Zoning Commission Meeting Minutes on October 8, 1998
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Nays: None
Abstain: LeVrier
Approved: 6-0-1
Motion carried.
(Planning and Zoning Commission meeting, 10-08-98, tape 1, section #3413)
Chairman Creighton called for a break at 8:15 p.m.
Chairman Creighton called the meeting back to order at 8:28 p.m.
AGENDA ITEM #9. ZA 98-108. SITE PLAN FOR CAMPUS CIRCLE PARKING LOT:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Site Plan for Campus Circle parking lot on property legally described as being Lot 1, Block 1,
Westlake/Southlake Park Addition No. 1, according to the plat recorded in Volume 388-214, Pages
78 and 79, Plat Records, Tarrant County, Texas, and being approximately 75.206 acres. The
property is located on the north side of Kirkwood Boulevard across from Sam School Road. The
Current Zoning is "NR-PUD" Non-Residential Planned Unit Development District for a Mixed Use
Business Complex, known as Solana, to include the following uses: "0-2" Office District, "C-3"
General Commercial District, "B-I" Business Service Park District, "CS" Community Service
District, and "HC" Hotel District. The Land Use Category is Mixed Use. The Owner and Applicant
is Maguire Partners. Three (3) written notices were sent to property owners within the 200'
notification area, and no responses were received.
Richard Kuhlman (Maguire Partners) 9 Village Circle, Suite 500, Southlake, Texas, presented this
item to the Commission. He stated he will meet all Staff Review comments.
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 98-108, subject to Site Plan Review Summary No. 1, dated
October 2, 1998.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Jones
Murphy, Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-08-98, tape 1, section #3842)
Planning and Zoning Commission Meeting Minutes on October 8, 1998
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AGENDA ITEM #10. ZA 98-109. REVISED SITE PLAN FOR CAMPUS CIRCLE PARKING
LOT:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Revised Site Plan for Campus Circle parking lot on property legally described as being Lot 1, Block
1, Westlake/Southlake Park Addition No. 1, according to the plat recorded in Volume 388-214,
Pages 78 and 79, Plat Records, Tarrant County, Texas, and being approximately 75.206 acres. The
property is located on the north side of Kirkwood Boulevard across from Sam School Road. The
Current Zoning is "NR-PUD" Non-Residential Planned Urdt Development District for a Mixed Use
Business Complex, known as Solana, to include the following uses: "0-2" Office District, "C-3"
General Commercial District, "B-l" Business Service Park District, "CS" Community Service
District, and "HC" Hotel District. The Land Use Category is Mixed Use. The Owner and
Applicant is Maguire Partners. Three (3) written notices were sent to property owners within the
200' notification area, and no responses were received.
Richard Kuhlman (Maguire Partners) 9 Village Circle, Suite 500, Southlake, Texas, presented this
item to the Commission. He stated they will meet all Staff Review comments. Responding to the
Tree Preservation Analysis, he stated they were able to save a large grove of trees by adjusting
the location of the parking lot. He presented a new plan with that change shown.
Chairman Creighton opened the Public Heating. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
Motion was made to approve ZA 98-109, subject to Site Plan Review Summary No. 1, dated
October 2, 1998, and approving the revised plan dated October 8, 1998.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Murphy
Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-08-98, tape 1, section #4235)
AGENDA ITEM #11. ZA 98-110. REVISED PRELIMINARY PLAT OF SHELTONWOOD:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Revised Preliminary Plat of SheltonWood on property legally described as being Tracts lA and
1C lA 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 "SF-1A" Single Family Residemial District. The Land Use Category is Low Density
Planning and Zoning Commission Meeting Minutes on October 8, 1998
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Residential and 65 LDN Overlay Corridor. The Owners of the property are Charles and Elaine Bell;
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 no responses were received.
Tom Matthews (Four Peaks Development, Inc.) 726 Commerce Street, Suite 109, Southlake, Texas,
presented this item to the Commission. He said since this development was previously approved
by the Commission, the primary issue at this time is the gated aspect. He stated that all of the
comments except for Items #1, 2, and 4f were reviewed and discussed with the Commission at the
first submittal of this item.
Commissioner Jones questioned if the Commission grants relief on Item # 1 are they approving the
gates or are they simply approving the private drives and 75% of the homeowners would still need
to petition the City Council for the gates.
Director Last stated the applicant is asking for a private road and a gated community.
Commissioner Jones stated if the Commission approves the gates now, they are eliminating the need
for 75% of the homeowners to petition the City Council at a later date.
Director Last stated that whether it is gated or not is really not the issue; it can be a private road and
not have a gate. He said the applicant is asking for a variance to the Subdivision Ordinance, and if
it is granted as a private road and the plat is filed with a private road, them would be no requirement
in the future for the homeowners to petition the City to take the road private because it would be
filed with the plat. He said whether or not the applicant puts the gates up does not change the status
of the road.
Chairman Creighton opened the Public Hearing.
John Shelton, 570 E. Dove Road, Southlake, Texas, stated he has no objections to the gated
community and he is the one who will live closest to it. He said he thinks it will greatly add to the
area and add to the taxes for the school district and the City. He stated he is in favor of this request.
Chairman Creighton closed the Public Heating.
(Planning and Zoning Commission meeting, 10-08-98, tape 1, section #5458)
Commissioner Jones stated he does not have any strong feelings one way or another about gated
communities. He can see from a marketing standpoint why a developer would want to get approval
ahead of time. He said when they get to the point that they are charging $200,000 for a lot, they
have to find some way to differentiate themselves from others. He said he can certainly see the tax
benefits this subdivision has to offer the City. He said the developer appears to have done
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everything he can for trees and drainage, and it looks like it will be a very good-looking subdivision.
He said he will probably go with the general consensus when it comes to the gating issue.
Commissioner Shankland said he is neutral on gated communities. He said he does not have a
problem with this request. He likes the idea that the gate is back far enough that it will not be visible
from the road. He thinks this is a step for marketing, and he is sure the homes will be beautiful.
Commissioner Peebles stated he is not in favor of gated communities. He does not think the
Commission should grant variances in order to help people with their marketing. He feels it is
somewhat elitist and offensive. He said it seems like there is one thing after another they have to
get variances to in order to get this passed.
Commissioner LeVrier said he has no problems with gated communities. He said this piece of
property is unique and has certain constraints as far as the terrain is concerned. He said he is for
freedom of choice and if the residents in this subdivision want to live there, he does not see what
harm it is doing to the balance of the City. With the gate being moved so far back off the road, he
does not think it will be offensive at all and will have a nice green area going into this development.
He is glad to see that there is a developer who is willing to take the risk to do this type of
development on the north side of State Highway 114.
Commissioner Sandlin said he does not have a problem with the lots themselves, and he does not
have a problem with gates other than the fact that our ordinance does not allow for gates. He said
he is still thinking about the gate issue and will wait until he hears what everyone else has to say
about them.
Vice-Chairman Murphy said he is really unsure about the whole gate issue. On the one hand, the
City says they do not want gated communities, and then they follow that with a series of things that
a group of homeowners (75%) can do to petition the City to get a gated community. He said by
approving this particular case and saying up-front there will be a gate there, we are insuring that
100% of the people in this subdivision wanted to live in a gated community. He said he is more
hung-up on how we got ourselves to this point as a community. He said he feels the Commission
is in an odd place as a recommending body. He said he sometimes feels that having the gates shut
in the middle of the day is elitist, but if that is how people want to live then he is fine with that. He
would like for the City to take another look at how we got where we are on this subject. He would
like to see the gates left open during the day and likes how they moved the gates back 300'. He said
he does not like the "wall effect." He said he will probably say at the end of the evening that he can
support this request.
Chairman Creighton stated she tends to agree with Commissioner Peebles' assessment of this issue.
She also agreed with Vice-Chairman Murphy that the ordinance, as presently written, leaves the
Commission in an uneasy state. She feels they are elitist. She does not like to visit friends that live
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in gated communities because she does not like the sense of being checked-offby a guard. She said
she is not convinced that people who have not moved to Southlake yet have such peculiar security
needs that they need to live in a gated community. She questioned how the City could enforce the
issue of keeping the gates open during certain hours. She said she would assume that if people
bought into that type of community, they would want the gates closed as much as they could be and
feels the gates would eventually be closed during the day, too. She said she does not think the City
should contort its ordinances and then the Commission approve of that in order for the developer to
market the property. From what she has seen, it is a beautiful piece of property and will develop
with exclusive residences without the gates.
Commissioner Peebles wanted to remind the City Council that this is a slippery-slope. He said if
City Council approves this request, then they had better watch out because there will be many more
to follow. He said he will get his Coventry neighbors together, and they will end the traffic problem
in their neighborhood. He said he will be before the City Council asking for the same thing and will
remind them they did it for SheltonWood. He said he and his neighbors will have a very compelling
argument because it is a safety issue in their neighborhood; their children cannot play in the streets.
He said the neighborhoods will line up like dominos to request gates.
Commissioner Jones agreed saying it could set a bad precedent. As he has been sitting here listening
to everyone, he has realized that none of the Commissioners are comfortable with the position they
are currently in. He said the only logical way he sees to handle this is that there is a provision in the
ordinance for getting a community gated, and this is not the way to do that. He would suggest that
the Commission move forward on this request based on the City's ordinances.
Chairman Creighton agreed with Commissioner Jones.
Commissioner Sandlin stated he would approve the enlry structure without the gates and with public
streets. He said he would like to see the furore homeowners of this subdivision petition for the gates
if that is what they want.
Vice-Chairman Murphy said Commissioner Peebles made a big impact on his decision with his story
about Coventry. He said he does not want to take the City there at this point. He said Commissioner
Peebles hit the nail on the head for him; this problem needs to be fixed another way. He said he has
changed his mind.
(Planning and Zoning Commission meeting, 10-08-98, tape 1, section #7242)
Motion was made to approve ZA 98-110, subject to Plat Review Summary No. 1, dated October
2, 1998, approving public streets with entry structure with no gates, waiving Items #3a (two points
of access), #3b (maximum number of units on a cul-de-sac), #3c (R.O.W. dedication), #4c (100' lot
width), #4d (radial lot lines), and #4e (40' building setback), and changing Item #4f (inclusion of Lot
Planning and Zoning Commission Meeting Minutes on October 8, 1998
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18) to an informational comment.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Murphy
LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-08-98, tape 2, section #0065)
AGENDA ITEM #12. DISCUSSION OF RULES OF ORDER/PROCEDURE:
The Commission had no discussion on this item.
AGENDA ITEM # 13. MEETING ADJOURNMENT:
Chairman Creighton adjourned the meeting at 9:50 p.m. on October 8, 1998.
(Planning and Zoning Commission meeting, 10-08-98, tape 2,.section #0075)
ATTEST
Loft A. Farwell
Community Development Secretary
Planning and Zoning Commission Meeting Minutes on October 8, 1998 Page 13 of 13
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF ~rca~
I, ~,C. ],£{//~/£/P-- asamemberofthe qc>,~Z. ~t:Y/r/. , make this affidavit
and hereby on oath state the following: [ have a substantial interest in a business entity or real property as defined in
Chapter 171, Texas Local Government Code, and a vote is to be taken or a decision is to be made that will have a
special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is: Zl~ q~-IO~, ~ Z~t qB-/d.'7
COMPLETE (A) or (B):
(A) The business entity is ¢z't Ize,,r~ Gras:~z,c~a~
(B) The real property is located at:
(name); or
I have a substantial interest 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 $15,000 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 I have an equitable or legal ownership of the property with a fair
market value, of at least $2,,500. ,
'- A relative of mine has a substantial interest in the business entity or real property that would
be affected by a decision of the public body of which I am a member.
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision
involving this business entity or real property and from any further participation on this matter by discussion~r debate.
Signed this /3 day of ocF- ,19
iffn'e of Official
The .State o f_~l ¢~'c(% §
County of i ,a cr.q ,~! 4~ §
Before me [-~(, A. ~,~v(( on this day personally appeared
~ ~, C~ ~/~ ~/~ ~o~ to me (or proved to me on the oath of or
t~ough (description of identiW card or o~er document) to be ~e person whose name is
subscribed to the foregoing ins~ment and ac~owledged to me ~at he executed ~e same for the p~oses and
consideration therein expressed.
Given ~der my hand and seal of office this ~ )kday of ~(pc~ ~, A.D. [qq~; .
Notary' Public. in and for the State of Texas