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REGULAR PLANNING AND ZONING
COMMISSION MEETING
October 22, 1998
COMMISSION PRESENT: Chairman Ann Creighton; Vice-Chairman James Murphy; and
Commissioners Rob Jones, F. C. LeVrier, C. D. Peebles, Mike Sandlin, and Keith Shankland.
COMMISSION ABSENT: None.
CITY STAFF PRESENT: Greg Last, Community Development Director; Stefanie Sarakaitis,
Comprehensive Planner; Charlie Thomas, Deputy Director of Public Works; Angela Turner, Staff
Engineer; and Loft Farwell, Community Development Secretary.
The Work Session started at 6:33 p.m. and ended at 6:55 p.m.
(Planning and Zoning Commission meeting, 10-22-98, tape 1, section #0419)
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 October 8, 1998, Planning and Zoning
Commission meeting.
Motion was made to approve the October 8, 1998, Planning and Zoning Commission meeting
minutes, as presented.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Sandlin
Murphy, Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-22-98, tape 1, section #0451)
AQENDA ITEM #3. ADMINISTRATIVE COMMENTS:
Director Last stated that the Commission received in their packets a chart outlining the various Work
Groups they can be involved in and to contact Loft Farwell if they are interested. He said that two
(2) Commissioners are needed for park fee evaluations.
Planning and Zoning Commission Meeting Minutes on October 22, 1998 Page 1 of 11
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Agenda Item #4 was on the Consent Agenda.
AGENDA ITEM #4. ZA98-114. FINAL PLAT OF THE TRAILHEAD:
Motion was made to approve ZA 98-114, subject to Plat Review Stmunary No. 1, dated October
16, 1998.
Motion:
Second:
Ayesi
Nays:
Approved:
Murphy
Jones
Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-22-98, tape 1, section #0496)
AGENDA ITEM #5. ORDINANCE NO. 480-DD. REVISIONS AND ADDITIONS TO SECTION
30. "PUD." PLANNED UNIT DEVELOPMENT DISTRICT OF THE CITY'S COMPREHENSIVE
ZONING ORDINANCE NO. 480. AS AMENDED. WITH RESPECT TO MINIMUM ACREAGE
AND OPEN SPACE REOUIREMENTS:
Motion was made to table Ordinance No. 480-DD and to continue the Public Heating to the
November 5, 1998, Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
LeVrier
LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-22-98, tape 1, section #0521)
AGENDA ITEM #7. ZA 98-112. PLAT REVISION FOR PROPOSED LOTS 4R1 THROUGH 4R4.
GREEN MEADOW SUBDIVISION:
Motion was made at the applicant's request to table ZA 98-112 and to continue the Public Hearing
to the November 5, 1998, Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Sandlin
Peebles, Shankland, Jones, Murphy, Sandlin, LeVrier, Creighton
None
7-0
Planning and Zoning Commission Meeting Minutes on October 22, 1998 Page 2 of 11
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Motion carried.
(Planning and Zoning Commission meeting, 10-22-98, tape 1, section g0545)
AGENDA ITEM g6. ZA 98-111. PLAT REVISION FOR PROPOSED LOTS 9R1 AND 9R2. T.
M. HOOD NO. 706 ADDITION:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Plat
Revision for proposed Lots 9R1 and 9R2, T. M. Hood No. 706 Addition, being a revision of Lot 9,
T. M. Hood No. 706 Addition, an addition to the City of Southlake, Tm-rant County, Texas,
according to the plat recorded in Cabinet A, Slide 4063, Plat Records, Tarrant County, Texas, and
being approximately 2.459 acres. The property is located on the north side of West Highland Street
approximately 950' west of North White Chapel Boulevard. The Current Zoning is "SF-1B" Single
Family Residential District. The Land Use Category is Low Density Residential. The Owners of
the property are Julian and Valerie Head. The Applicant is Ride With Pride, Inc. Two (2) written
notices were sent to property owners within the 200' notification area, and one (1) response was
received which was opposed. The Commission was given a Staff Report from the Zoning Board of
Adjustment case gZBA-301 which stated the Board's action on October 15, 1998.
Rick Wilhelm, 1330 Woodbrook Southlake, Texas, presented this item to the Commission. He asked
for variances to Items gl la (minimum lot area of 30,000 s.f.), gl lb (Lot 9R2 must abut a public
street), and Lot gl lc (minimum lot dimension of 125').
Director Last suggested that instead of the Commission acting on Item gl 1 a, they might recognize
that ZBA did approve that item.
Commissioner Sandlin asked why they did not acquire an easement. He said it seems as though the
applicant did a great amount of work, when an easement would have sufficed.
Mr. Wilhelm stated that an easement was not available because the Heads were not interested. He
said the problem arose because the Heads wanted to limit the easement to a five (5) year period, and
at the end of that period, the business may have to close down.
Commissioner Jones asked if this is the easiest way to accomplish this.
Director Last stated it is the best way to get it done given all the issues.
Commissioner LeVrier stated it is a very unique situation.
Chairman Creighton opened the Public Hearing.
Doreen Bruton (Ride With Pride, Inc.) stated she has taught over 3,000 children in the last 20 years
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in Southlake. They have been using the trail system for 20 years and if they have to shut the trail
system down, then the school will also have to shut down because the trails are a very important part
of their program. They cannot stay in the arena the entire time because the horses need to get out
and have a break.
Chairman Creighton asked Ms. Bruton if she knew what Mr. Seabom's concems are and why he is
opposed.
Ms. Bruton stated she did not know.
Chairman Creighton closed the Public Hearing.
Commissioner LeVrier asked if this trail is an established trail or if it just has been used for years.
Director Last responded it is an established trail that has existed for years. It has not been on a Trail
System Master Plan, but at some point in time the Park Board would like to include it on their plan.
Chairman Creighton stated her only question is what Mr. Seabom's concerns are.
Commissioner Peebles asked Mr. Wilhelm if he understands what Mr. Seaborn's concerns area.
Mr. Wilhelm stated he did not.
Commissioner Sandlin said it has been his experience if someone is really against something, they
will show up. He said their inactions speak loudly on this.
Motion was made to approve ZA 98-111, subject to Plat Review Summary No. 1, dated October
16, 1998, recognizing that the Zoning Board of Adjustment approved Item #1 la (minimum lot area
of 30,000 s.f.) and allowing Items #1lb (lot must abut a public street) and #1lc (minimum
dimension of 125') as shown.
Motion: Jones
Second: Murphy
Commissioner Peebles said we have someone who filed an opposition to this case and being that
they are neighbors, it has got to be a difficult situation. He said Commissioner Sandlin is probably
correct that if Mr. Seabom was really against it he would probably be here, but by the same token,
people do not like to speak in public particularly if they are neighbors.
Ayes:
Nays:
Shankland, Jones, Murphy, Sandlin, LeVrier, Peebles, Creighton
None
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Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-22-98, tape 1, section #1407)
AGENDA ITEM #8. ZA 98-101. SITE PLAN FOR LOT 3. BLOCK 3. DIAMOND CIRCLE
ESTATES:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Site
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 Southlake, 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. The property is located at 316 East Southlake Boulevard (F.M. 1709) on
the northwest comer of the intersection of Diamond Boulevard and East Southlake Boulevard (F.M.
1709). The Current Zoning is "O-1" Office District and the Land Use Category is Office
Commercial. The Owner of the property is 2 Diamond Ltd. and the Applicant is James A.
Zimmerer. Twelve (12) written notices were sent to property owners within the 200' notification
area, and one (1) response was received which was undecided.
Chairman Creighton asked if there was a review completed of the types of lighting that is planned
for this property.
Ms. Sarakaitis responded that she is not aware of any review, but it would have been incorporated
into the Staff Review had there been one.
Director Last responded that lighting is required to be shown on a Site Plan, but staff might ask for
more detail as to the height, type, and size of lighting.
DonaMPeterson presented this item to the Commission. He said there were three (3) major issues
remaining from the last meeting: 1) a color rendering of the building and samples of the materials
to be used, 2) position of the dumpster, and 3) parking. He distributed color renderings to the
Commission and presented samples of the building materials being used. He stated he repositioned
the dumpster so it does not face F.M. 1709. He said if they went with a one (1) story building, there
is more than adequate parking with twelve (12) spaces over the required amount. He said if they
were to use a full basement, they would have to be contingent upon a parking agreement with
ReMax and Holt Dental next door. He said the final formal agreement is being drafted and he has
been working with Lisa Sudbury as to the parameters of that agreement. He estimated that
approximately one-third (1/3) of the basement area will be used for mechanical. Based on that, he
said they would need approximately twelve (12) additional spaces. He said they have five (5)
additional spaces on the property as designed and ReMax has approximately twelve (12) parking
spaces above their requirement. He stated that by the amount of space they are able to use in the
basement and with the reciprocal parking agreement with ReMax, they will meet the parking
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requirement for the amount of office space they have in the basement.
Chairman Creighton asked if ReMax is moving into this new building.
Mr. Peterson said he understands they are not. He said he is not involved in that end of it; he is the
design and contractor of the building.
Commissioner Shankland asked if the intended use of the property has changed recently.
Mr. Peterson said it has not; since he has been involved, it has been designed for medical and office.
Since then, the owner chose to go with total office.
Commissioner Shankland said he has the impression that the applicant has bent over backwards to
talk with the adjacent residents, listen to them, and even change his plans because of the residents.
He asked if the dialogue between he and the residents has continued.
Mr. Peterson said when he came before the Commission on September 17, 1998, it was his
understanding that the other parties involved had been in contact with all of the different entities.
It was not until he spoke yesterday with Mr. O'Day, that he realized the Homeowners Association
was not aware of anything since the SPIN meeting. He said he gave a letter to Mr. O'Day which
stated the homeowners have his assurance that everything which has been agreed to at the SPIN
meeting and with the Homeowners Association will be strictly adhered to (IE: plantings, types of
planting materials, lighting, the aesthetics of the building). He said most of the lighting on site will
be 4' bollards which will be car-level, although there will be some motion detector lights on the
building. He said they agree to put the motion detector lights on a timer which will turn them off
at approximately 10:30- 11:00 p.m.
Chairman Creighton asked Mr. Peterson to show the Commission where the motion detector lights
will be located.
Mr. Peterson said they will be mounted on the back of the building and will be located under the
soffit line which is under 13 ½'. He said there are two (2) rear exit doors and the security lights will
be located within 18" of the exit doors.
Commissioner Shankland asked if Mr. Zimmerer still is the developer and owner of the property.
Mr. Peterson stated Mr. Zimmerer is one (1) of the owners and is the developer.
Commissioner Peebles asked if Mr. Peterson has the rendering which was shown to the residents at
the SPIN meeting with him tonight.
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Mr. Peterson stated he did not and said Mr. Zimmerer has that rendering.
(Planning and Zoning Commission meeting, 10-22-98, tape 1, section #2276)
Chairman Creighton opened the Public Hearing.
Rich O'Day, 921 Emerald Boulevard, Southlake, Texas, said he is more confused after tonight's
presentation. He said he called Mr. Zimmerer yesterday to talk to him about this project. Mr.
Zimmerer informed him he was not the developer of the project. He is very confused about what
is really going on. He said the building materials presented tonight are not what they saw at the
SPIN meeting. He said the developer has an obligation to talk to the residents. His concerns are as
follows: noise, lighting, intended use of the building, landscaping issues, new "For Sale" signs on
the property, and the primary contact for this project. He is not opposed to the building, but he is
opposed to the lack of contact from the developer. He said he is willing to work with them. He
questioned why they need a 10,000 s.f. basement for storage of files. On September 15, he asked
Mr. Zimmerer who was going to be in the building because it looked like a ReMax office building
to him; Mr. Zimmerer said it was for a ReMax. Mr. O'Day said that Mr. Zimmerer told him
yesterday that it would probably be a ReMax. He said he is not opposed to the building; he likes the
one (1) story building; he just does not like the way they have done things. He said he is not
opposed to the security lighting on the building, but he would like it to be on a timer to turn offat
a reasonable hour such as 9:00 p.m.
dim Mellinger, 919 EmeraMBoulevard, Southlake, Texas, said he assumed the developer would have
contacied him if things had changed, but they did not. He said he has the same concerns as Mr.
O'Day: lighting, use of the basement, and parking. He said Holt Dental and ReMax do not have
enough parking as it is, much less sharing it with this building. He said he does not understand what
the big secret is regarding who the tenant is going to be. He agreed with Mr. O'Day regarding the
security lighting being an'ned off at 9:00 p.m.
Chairman Creighton closed the Public Heating.
Commissioner Shankland asked Mr. Peterson if Mr. Zimmerer is involved in this project as a
developer or an owner.
Mr. Peterson said he was told today that Mr. Zimmerer is an owner in the property and will be
involved in the project.
Mr. Peterson asked for clarification on parking calculations.
Director Last said parking is based on the square footage and the use of the building. He said before
a Certificate of Occupancy is issued, the City will need to know how many square feet of each type
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of use is in the building and the required parking for each use.
Commissioner Sandlin asked Mr. Peterson what is his agreement with the adjacent homeowners
regarding landscaping.
Mr. Peterson said he was told prior to the SPIN meeting that there is a prior agreement with a
previous developer that there is to be a certain size and number of Mondell pines along the rear
property line. He said Mr. Zimmerer agreed with the prior arrangement and stated so at the SP1N
meeting. It is also his understanding that there is a greater than normal bufferyard along the rear of
this property.
Chairman Creighton asked if Mr. Peterson has seen the article in Sunday's paper regarding ReMax
opening a new office building.
Mr. Peterson said he did see the article.
Chairman Creighton asked if the article was accurate.
Mr. Peterson said he honestly does not know the answer to that question.
Commissioner Jones said it is safe to say that we cannot tell the residents at this time who exactly
is going to be in this building. He said even if they tell us, they can change.
Chairman Creighton said she understands that. She thinks what the residents are saying is that they
do not have a comfort level with what they have been told because they are being told conflicting
information.
Commissioner Jones said he does not mean to sound like he is casting stones on this subject; he said
he understands it is confusing at times as to who is the actual contact on a project.
Commissioner Shankland said he is confused because he does not know which story is right.
Commissioner Peebles said our ordinance stipulates that in granting or denying an application for
development or site approval, the Commission shall take into consideration eight (8) factors; four
(4) of these items come into play in this case. He said the ordinance says the Commission shall
consider those four (4) things and until such time those concerns are resolved, he has difficulty in
approving this Site Plan. He said that leads us to the question as to what can be done to resolve these
things. He thinks there needs to be a better comfort level with the residents.
Commissioner Jones said he is not disagreeing with Commissioner Peebles, but it is his
understanding that at Site Plan stage, if the applicant met the letter of the ordinance or is prepared
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to comply with the ordinance, the Commission is really under a compulsion to approve the request.
He asked staff is that is tree.
Director Last said generally speaking that is a true statement.
Chairman Creighton said the residents present at the meeting are the residents who will be most
directly affected. She questioned if there would be any merit in taking a ten (10) minute break to
allow Mr. Peterson time to meet with the residents to see if they could come to some agreement on
the items discussed this evening.
Commissioner Shankland said he thinks there would be a great deal of merit in that. He said if they
do not meet together tonight, he recommends for them to meet some time in the future.
Mr. Peterson said he would be happy to meet with them.
Vice-Chairman Murphy stated that it would be worth Mr. Peterson's time to meet with the residents
tonight and attempt to make the Commission feel differently about this.
Chairman Creighton called for a break to allow Mr. Peterson time to meet with the residents.
Chairman Creighton called for a break at 8:58 p.m.
Chairman Creighton called the meeting back to order at 9:29 p.m.
(Planning and Zoning Commission meeting, 10-22-98, tape 1, section//4278)
Chairman Creighton asked if the residents and the developer were able to reach some sort of
agreement.
Mr. O'Day said they need to be dealing with Mr. Zimmerer instead of the designer. He said Mr.
Peterson is not going to be able to alleviate their concerns. He said that Mr. Peterson does not have
a contract to build this facility, so he may not even be the builder. He said Mr. Zimmerer should
have made an effort to be here tonight; this is his building and he (Mr. O'Day) does not understand
why he is not here.
Chairman Creighton asked what relationship Gary Yarborough has to this project.
Mr. Peterson said none to his knowledge. He said Gary Yarborough's wife, Gloria Yarborough, is
an owner along with Mr. Zimmerer.
Commissioner Peebles asked Mr. Peterson if there is a chance he could ask the Commission to table
this case for two (2) weeks until such time he could meet with the homeowners to try to resolve their
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concerns. He said he thinks the homeowners' concerns are legitimate, and he does not see any reason
why those concerns couldn't be addressed in two (2) weeks.
Chairman Creighton said if he is willing to table, she urged him to be certain Mr. Zimmerer and/or
Mrs. Yarborough could participate in the meetings with the homeowners and in the P&Z meeting.
Commissioner Jones said that after having spent 1 ½ hours on this item tonight, he would rather not
spend another 1 ½ hours the next time around. He said he thinks it would be a good idea to go ahead
and vote on this item tonight. He said he is not trying to suggest that the citizens should not be
concerned, he is simply recommending that the homeowners to take their concerns to the City
Council since they have the final vote.
Chairman Creighton said it appears the applicant is willing to table.
Director Last said if the applicant does not anticipate any revisions to the plans, then the November
5, 1998, meeting would work. He said if Mr. Peterson anticipates revisions, then he will probably
need to go with the November 19, 1998, meeting.
Mr. Peterson asked to table it to the November 19, 1998, meeting.
Motion was made at the applicant's request to table ZA98-101 to the November 19, 1998, Planning
and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Shankland
Jones, Murphy, Sandlin, LeVrier, Peebles, Shankland, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-22-98, tape 1, section #4932)
AGISNDA ITEM #9. DISCUSSION OF PROTOCOL AND PROCEDURES:
No discussion was held by the Commission.
AGENDA ITEM # 10. MEET1NG ADJOURNMENT:
Chairman Creighton adjourned the meeting at 9:44 p.m. on October 22, 1998.
(Planning and Zoning Commission meeting, 10-22-98, tape 1, section #4943)
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ATTEST:
Loft A. Farwell
Community Development Secretary
Chairman - _
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