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REGULAR PLANNING AND ZONING
COMMISSION MEETING
December 17, 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: Debra Drayovitch, City Attorney; Dennis Killough, Senior Current
Planner; Stefanie Sarakaitis, Comprehensive Planner; Charlie Thomas, Deputy Director of Public
Works; Angela Turner, Staff Engineer; and Lori Farwell, Community Development Secretary.
The Work Session started at 6:35 p.m. and ended at 7:00 p.m.
(Planning and Zoning Commission meeting, 12-17-98, tape 1, section #0722)
There was no Executive Session held.
The meeting was called to order by Chairman Creighton at 7:08 p.m.
Commissioner Shankland was out of the room for the approval of the minutes.
AGENDA ITEM #2. APPROVAL OF MINUTES:
Chairman Creighton opened discussion of the minutes of the December 3, 1998, Planning and
Zoning Commission meeting.
Motion was made to approve the December 3, 1998, Planning and Zoning Commission meeting
minutes, as presented.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Sandlin
Murphy, Sandlin, LeVrier, Peebles, Jones, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 12-17-98, tape 1, section #0735)
Commissioner Shankland stepped back into the room.
Planning and Zoning Commission Meeting Minutes on December 17, 1998 Page 1 of 21
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AGENDA ITEM #3. ADMiNISTRATIVE COMMENTS:
There were no Administrative Comments.
AGENDA ITEM #6. AMENDMENTS TO LANDSCAPE ORDINANCE NO. 544. AND
AGENDA ITEM #17. ZA 98-101. SITE PLAN FOR LOT 3. BLOCK 3. DIAMOND CIRCLE
ESTATES:
Motion was made to table Amendments to Landscape Ordinance No. 544 and to continue the Public
Hearing to the January 21, 1999, Planning and Zoning Commission meeting and to table ZA 98-101
to the January 21, 1999, 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, 12-17-98, tape 1, section #0783)
Chairman Creighton stated Agenda Items #4 and #5 were removed from the Consent Agenda and
placed on the Regular Agenda.
AGENDA ITEM #4. ZA98-130. REZONING AND CONCEPT PLAN FOR HARRIS
METHODIST SOUTHLAKE:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
Zoning Change on property legally described as a portion of Lot 1, Block 1, Gorbutt Addition, an
addition to the City of Southlake, Tan'ant County, Texas, according to the plat recorded in Volume
388-156, Page 12, Plat Records, Tan'ant County, Texas, and being approximately 6.0 acres. A
Concept Plan for Harris Methodist Southlake will be considered with this request. The property is
located on the south side of East Southlake Boulevard (F.M. 1709) approximately 550' west of
Miron Drive. The Current Zoning is "O-1" Office District. The Requested Zoning is "S-P-2"
Generalized Site Plan District with "O-1" Office District uses and medical uses of ambulatory
surgery, imaging center, and associated services. The Land Use Category is Office Commercial.
The Owner of the property is Harris Methodist HEB. The Applicant is PageSoutherlandPage. Seven
(7) written notices were sent to property owners within the 200' notification area, and one (1)
response was received and was in favor.
Gary Fickes (Vice-Chairman of the Board of Trustees at Harris Methodist HEB) and Ernesto
Liebrecht (PageSoutherlandPage) presented this case to the Commission. Mr. Liebrecht said they
did everything asked of them at the last meeting.
Planning and Zoning Commission Meeting Minutes on December 17, 1998 Page 2 of 21
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Chairman Creighton asked Mr. Liebrecht if he would share with the Commission the plans for the
southern portion of this property.
Mr. Liebrecht said they have no plans for the adjoining piece of property. He said that is a future
issue when somebody decides to develop it; it may be Harris Methodist or it may be someone else.
Although the Public Heating was previously closed, Chairman Creighton said she understands there
are people in the audience who would like to speak on this item.
Patty Minder (SPIN Representative #8) 223 Eastwood Drive, Southlake, Texas, said she does not
want a metal roof on the building; she would like to have a composite roof. She questioned if
drainage had been discussed yet.
Charlie Thomas, Deputy Director of Public Works, responded when the applicant brings forward
a Site Plan, he will provide a grading and drainage plan and a water and sewer plan. The applicant
will then address how the water will leave the site.
Mrs. Minder said there were 18 - 20 people in attendance at the SP1N meeting and everyone was in
agreement regarding this plan.
Jan Weston, 1306 Westmont Court, Southlake, Texas, said her concem with this property is how it
will directly affect the water tower. She said if the back portion of this property is not addressed
right now, the opportunity will be lost. She said she did not receive a notice for this change of
zoning. She questioned how the sign was placed on the property; she said it was not placed at the
best location for people to see there was a change requested for this property. She questioned if
anyone has considered how the development of the back part of this property will affect the efforts
they have made to camouflage the water tower. As a homeowner, she has been told the water tower
could affect their property values up to 10% to 15%. She asked if the green space for the entire
property (including the back portion) could be addressed right now instead of waiting until later.
She asked for Harris Methodist to redefine the landscaping and put it adjacent to the residential
properties.
Commissioner Jones said the Commission cannot vote on something that is not before them. He said
Harris Methodist is not developing the back portion of the property right now.
Chairman Creighton asked if the subjects of the landscaping and the water tower were discussed at
the SPIN meeting.
Ms. Weston said she was out of town and could not attend the SPIN meeting and asked if there could
be another SPIN meeting so her neighbors could discuss this more.
Planning and Zoning Commission Meeting Minutes on December 17, 1998 Page 3 of 21
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Chairman Creighton asked if the applicant would be willing to discuss what Ms. Weston proposed.
Mr. Fickes said Harris Methodist loves trees, too, but moving the bufferyard compromises the
integrity of their development because the property to the west is zoned "C-2" and they are
somewhat concerned what affect that will have. He said they really did not take into account what
affect the water tower would have on their property.
Commissioner Peebles asked if Mr. Fickes would be willing to show the bufferyard on the plat.
Mr. Fickes said they want to meet every code the City has in place including the residential
adjacency requirements. He said until they know what is going to happen with the property, they
really do not think that is the proper thing to do.
Ms. Weston said the reality is that nobody knows what is going to happen with the back property
and that is why she thinks it is even more critical to discuss it right now.
Commissioner LeVrier told Ms. Weston the neighbors need to get organized when the back piece
of property comes in for Site Plan approval. He said she would be surprised at the impact they will
have at that time.
Ms. Weston said the sign was not placed correctly on this property so people were not properly
notified. She asked the Commission to give the neighbors time to come together and reconsider
some of the issues that may not have been discussed at the SPIN meeting.
(Planning and Zoning Commission meeting, 12-17-98, tape 1, section #2180)
Chairman Creighton asked staff what zoning district medical uses and ambulatory surgery are
permitted in.
Mr. Killough said they are permitted in the "C-2" Local Retail Commercial District.
Chairman Creighton asked why this case was advertised like it was ("S-P-2" Generalized Site Plan
District with "O-1" Office District uses and medical uses of ambulatory surgery, imaging center, and
associated services) instead of"C-3" General Commercial District uses.
Mr. Killough said that is one reason why the applicant came in with the "S-P-2" request to include
that use within the "O-1" district.
Chairman Creighton said she always thought when an "S-P" zoning was used, the underlying zoning
district would be listed.
Mr. Killough said they proposed an additional use to the "O-1" district which is permitted in the "C-
Planning and Zoning Commission Meeting Minutes on December 17, 1998 Page 4 of 21
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2" Local Retail Commercial District and staff did not feel that "C-2" Local Retail Commercial
District was an appropriate underlying zoning district for this location.
Chairman Creighton asked which zoning district categories was this compared to, "O-1" or "C-2,"
and Mr. Killough said staff reviewed all of this under the "O-1" district.
Chairman Creighton said it seems the adjoining properties should get the benefit of the protections
required under the "C-2" Local Retail Commercial District if a "C-2" Local Retail Commercial
District use is going on the property.
City Attomey Debra Drayovitch said the Commission has the flexibility to impose additional
restrictions within the "S-P-2" district.
Mr. Killough said the difference would be primarily with the bufferyards. He said in the "C-2"
Local Retail Commercial District the bufferyards would increase on the south and the east sides, but
they would also be allowed 75% impervious coverage as opposed to 65%. He said staff looked at
both of those factors and because the majority of the uses are in the "O-1" district and a singular use
is in the "C-2" Local Retail Commercial District district, they felt the "O-1" district was more
appropriate to review the plan under.
Chairman Creighton asked that in the future the wording be changed to read, "...and the limited "C-
2" use of..." She also asked if there are any bio-hazards associated with this type of use and, if so,
was that considered at all in the review process.
Mr. Killough said staff did not consider that.
Mr. Fickes said the Joint Commission of American Hospital Associations has extremely stringent
guidelines on the disposal of waste, and this facility will meet or exceed all of those guidelines. He
said Harris Methodist HEB just received a Joint Commission inspection last week and scored a 99
which is the highest score in the metroplex.
Commissioner Peebles asked Mr. Fickes what the thought process was regarding the three (3) lots
to the south.
Mr. Fickes said their original intent was not to even plat that property, but the City is making them
plat it.
Ms. Weston asked how many surgical suites will be located in this facility and what will be the most
invasive procedure performed in this facility. She also asked what the quantity and types of
procedures performed in the ambulatory center.
Planning and Zoning Commission Meeting Minutes on December 17, 1998 Page 5 of 21
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Mr. Liebrecht said when the issue of zoning arose, the owner stopped him from further developing
the program for this facility because the money spent on designing the facility would have been
wasted if the zoning change was not approved. He did a feasibility study based on his knowledge
and not on the input of the owners.
Motion was made to approve ZA 98-130, subject to Concept Plan Review Summary No. 2, dated
December 11, 1998, stipulating there would be no overnight stay allowed, and accepting the parking
ratios as proposed.
Motion: Sandlin
Second: Murphy
Chairman Creighton said she still thinks it would be more appropriate to list the requested zoning
as "S-P-2" Generalized Site Plan District with "O-1" Office District uses and the "C-2" Local Retail
Commercial District use of ambulatory surgery, imaging center, and associated services."
Commissioner Sandlin said he does not have a problem with what Chairman Creighton suggested
and amended his motion to that affect.
Vice-Chairman Murphy agreed and seconded it.
Commissioner Peebles said he really does not like piecemeal development. He said when property
is developed such as this, there is no good reassurance the Commission can give the adjacent
residential property owners that whoever develops the back properties will save the trees. He said
he wishes the Commission could address Ms. Weston's concerns by eliminating the cul-de-sac and
platting the southern portion as one (1) lot.
Ayes: LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-17-98, tape 1, section #3148)
AGENDA ITEM #5. ZA 98-147. PLAT REVISION FOR THE PROPOSED LOTS 1R1.1R2. 1R3.
AND IR4. BLOCK 1. GORBUTT ADDITION:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Plat
Revision for the proposed Lots 1R1, 1R2, 1R3, and 1R4, Block 1, Gorbutt Addition, being a revision
of Lot 1, Block 1, Gorbutt Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Volume 388-156, Page 12, Plat Records, Tarrant County, Texas,
and being approximately 12.634 acres. This property is located on the south side of East Southlake
Planning and Zoning Commission Meeting Minutes on December 17, 1998 Page 6 of 21
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Boulevard (F.M. 1709) approximately 550' west of the intersection of East Southlake Boulevard and
Miron Drive. The Owner of the property is Harris Methodist HEB. The Applicant is
PageSoutherlandPage. The current zoning is "O-1" Office District. The Land Use Category is
Office Commercial. One (1) written notice was sent to property owners within the 200' notification
area, and no response was received.
Ernesto Liebrecht (PageSoutherlandPage) said they have met ail requirements of the Staff Review
Comments.
Commissioner Sandlin asked Mr. Liebrecht where he intends to stop the road in this first phase.
Mr. Liebrecht said they have to build the entire road.
Mr. Thomas said typicaily on a plat when a public fight-of-way is platted, they are required to build
the entire street. In this instance, the Fire Marshai did not have a problem with it stopping at the
edge of Lot 1RI since there is a driveway just north of the lot line.
Commissioner Sandlin asked if he could do a temporary turnaround right at the end of the first
phase.
Mr. Thomas said he thinks that could be handled in a Developer's Agreement.
Commissioner LeVrier asked if it was their intention to build the required infrastructure for those
lots when they build the road. Mr. Liebrecht said yes.
Commissioner Peebles asked if the applicant would be willing to amend this plat to show one (1)
lot instead of three (3) on the south portion and stopping the road at the south property line of Lot
1R1. Mr. Liebrecht said that would be up to the owner. Mr. Fickes said they would agree to that.
Ms. Drayovitch said she would leave the comment regarding the stub-out to be acceptable both to
the Fire Marshai and the Subdivision Ordinance.
Mr. Killough said they should aiso include in their motion for the street to be in compliance with
design standards of the Subdivision Ordinance and the City Engineer since stubbing a street into a
property line is not a normal design practice.
Although the Public Hearing was closed, Chairman Creighton asked if there was anyone in the
audience who would like to speak regarding this item.
Patty Minder (SPIN Representative #8) 223 Eastwood Drive, Southlake, Texas, said it was also
discussed in the SPIN meeting to eliminate the three (3) lots to the south. She said they wanted
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exactly what the Commission is doing.
Motion was made to approve ZA 98-147, subject to Plat Review Smnmary No. 2, dated December
11, 1998, eliminating Lots 1R2, 1R3, and 1R4 and the cul-de-sac, and replacing them with one (1)
lot; extending street the entire length of Lot 1R1 and requiring it to be in compliance with design
standards of the Subdivision Ordinance, the City Engineer, and the Fire Marshal.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
LeVrier
Peebles, Shankland, Jones, Murphy, Sandlin, LeVrier, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-17-98, tape 1, section #3757)
Chairman Creighton called for a break at 8:36 p.m.
Chairman Creighton called the meeting back to order at 8:51 p.m.
AGENDA ITEM #7. ZA 98-143. REVISED CONCEPT PLAN FOR DRY CLEAN SUPER
CENTER:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
Revised Concept Plan for Dry Clean Super Center on property legally described as Lot 5, Thomas
Easter No. 474 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to
the plat recorded in Cabinet A, Slide 4123, Plat Records, Tarrant County, Texas, and being
approximately 2.670 acres. The property is located on the southeast comer of the intersection of
East Southlake Boulevard (F.M. 1709) and Crooked Lane Boulevard. The Current Zoning is "S-P-
2" Generalized Site Plan District with "C-2" Local Retail Commercial District uses and limited "I- 1"
Light Industrial District uses. The Land Use Category is Retail Commercial and 65 LDN Overlay
Corridor. The Owners are Southlake Properties, Inc. The Applicant is Kwik Industries, Inc. Eight
(8) written notices were sent to property owners within the 200' notification area, and no responses
were received.
Sid Hollingsworth (Kwik Industries, Inc.) 4725 Wall Road, Dallas, Texas, presented this case to the
Commission. He said he will comply with all StaffReview Comments except for the informational
comment regarding bufferyards. Regarding the landscaping from the Shurgard site that was to be
put on this site, he asked that he be allowed to put his portion (102' frontage) in the side yard
bufferyard. It was his understanding that the landscaping from the Shurgard site was intended to be
used on the entire length of frontage which is approximately 262' and not only on his portion.
Mr. Killough said Shurgard escrowed the funds for landscaping into an account which would be used
Planning and Zoning Commission Meeting Minutes on December 17, 1998 Page 8 of 21
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when the front properties were developed. Although there is no bufferyard requirement on the east
side of this property adjacent to the Shurgard site, the applicant is asking that some of the escrowed
funds be used for plantings along the east side instead of packing them into the area along F.M.
1709.
Commissioner LeVrier asked why they cannot require the applicant to put a proportional amount of
landscaping from the escrowed funds along their portion of F.M. 1709 and also require them to put
in plantings in the side yard as shown.
Commissioner Peebles asked the applicant if he would leave the escrowed amount of landscaping
and the required amount of landscaping along F.M. 1709 and go ahead and provide extra plantings
to put in the side yard. Mr. Hollingsworth said he would agree to that.
Commissioner Sandlin said the applicant cannot comply with Staff Review Item #4a regarding the
driveway spacing. Mr. Hollingsworth agreed and asked the Commission to approve the plan as
shown. He said his driveway is shown 13' closer to Crooked Lane than was shown on the previously
approved Concept Plan.
Chairman Creighton asked what is proposed for the west side of this property. Mr. Hollingsworth
said office retail is proposed.
Chairman Creighton asked when Crooked Lane is supposed to be abandoned. Mr. Killough said to
his knowledge nothing has been proposed on it.
Chairman Creighton opened the Public Hearing.
Max Krugler, 708 Nettleton Drive, Southlake, Texas, said he is here representing the applicant in the
next item. He asked the Commission to allow most of the escrowed landscaping funds to be placed
on the site to the west and not on this site. He said the western site does not have any existing trees
and this site does.
Chairman Creighton closed the Public Hearing.
Chairman Creighton said she is not happy with any of the driveways nor is she happy with the entire
project and that is the reason she did not vote for it the first time it came before the Commission.
She would like to have a better idea of what is happening with Crooked Lane.
Motion was made to approve ZA 98-143, subject to Concept Plan Review Summary No. 1, dated
December 11, 1998, accepting Items #4a and #4b (driveway spacing) as shown; accepting the
applicant's commitment to provide extra plants in the eastern "LS" strip shown on plan; and
requiring a proportionate amount of escrowed funds for landscaping (approximately 40%) to be
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placed in the bufferyard along F.M. 1709 along with the required landscaping.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Sandlin
Shankland, Jones, Murphy, Sandlin, LeVrier
Peebles, Creighton
5-2
Motion carried.
(Planning and Zoning Commission meeting, 12-17-98, tape 1, section #5065)
AGENDA ITEM #8. ZA 98-142. PLAT REVISION FOR THE PROPOSED LOTS 5R1 AND 5R2.
THOMAS EASTER NO. 474 ADDITION:
Comprehensive Planner Stefanie Sarakaltis informed the Commission that this request is for a Plat
Revision for the proposed Lots 5R1 and 5R2, Thomas Easter No. 474 Addition, being a revision of
Lot 5, Thomas Easter No. 474 Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 4123, Plat Records, Tarrant County, Texas, and
being approximately 2.670 acres. The property is located on the southeast comer of the intersection
of East Southlake Boulevard (F.M. 1709) and Crooked Lane Boulevard. The Current Zoning is "S-
P-2" Generalized Site Plan District with "C-2" Local Retail Commemial District uses and limited
"I-1" Light Industrial District uses. The Owners are Southlake Properties, Inc. The Applicant is
Caddy Property Management Ent., LLC. The Land Use Category is Retail Commercial and 65 LDN
Overlay Corridor. Two (2) written notices were sent to property owners within the 200' notification
area, and no responses were received.
Max Krugler, 708 Nettleton Drive, Southlake, Texas, presented this case to the Commission. He said
he would meet all Staff Review comments. He said he would comply with all Staff Review
Comments. He said if there is concern with the placement of the driveway, he will put it wherever
the Commission wants it. They were trying to avoid the expense of moving a telephone pole, but
if they need to move it, they will be glad to do it.
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 98-142, subject to Plat Review Summary No. 1, dated December
11, 1998.
Motion:
Second:
Ayes:
Nays:
Murphy
Sandlin
Jones, Murphy, Sandlin, LeVrier, Shankland, Creighton
None
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Abstain: Peebles
Approved: 6-0-1
Motion carried.
(Planning and Zoning Commission meeting, 12-17-98, tape 1, section #5395)
AGENDA ITEM #9. ZA 98-145. SITE PLAN FOR DARDAN SQUARE:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Site
Plan for Dardan Square on property legally described as a portion of Tract 2, situated in the Hiram
Granberry Survey, Abstract No. 581, and being approximately 0.705 acres. The property is located
on the south side of West Southlake Boulevard (F.M. 1709) approximately 150' east of the
intersection of West Southlake Boulevard and Lake Crest Drive. The Current Zoning is "C-2" Local
Retail Commercial District. The Land Use Category is Office Conunercial. The Owner of the
property is Conner Lam. The Applicant is Dana Bailey. Eleven (11) written notices were sent to
property owners within the 200' notification area, and one (1) response was received which was in
favor.
Kosse Maykus, 700 E. Southlake Boulevard, Suite 190, Southlake, Texas, presented this item to the
Commission. He said they held a SPIN meeting on December 2, 1998, in which approximately 20
to 25 residents were in attendance. He asked for variances to the following items: Items #lb, 2a, 3,
4a, and 4b. He said in order to meet the 4:1 slope requirements of the Residential Adjacency
Ordinance, they had to reduce the height of their building, but in order to meet the horizontal
articulation requirements, they would need to increase the height of their building so there are
conflicting requirements.
Vice-Chairman Murphy asked if they have looked at the possibility of reorienting the building north
and south instead of east and west. Mr. Maykus said they have a very finite building pad due to all
of the various setbacks.
Chairman Creighton said the applicant created this finite building pad by dividing this property into
two (2) lots. She said if they put one (1) building instead of two (2) on this entire tract, they could
meet all of the City's ordinances.
Commissioner LeVrier said the building is moved as far north and as far south as possible, so there
would still be the issue of throat depth.
Vice-Chairman Murphy said his memory tells him the applicant explained to the Commission at the
platting stage they had trouble getting a small business loan for a certain sized building.
Mr. Maykus said Item #5c incorrectly reads the north property line, and it should read the south
property line.
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Commissioner Sandlin questioned the applicant about the 36' bollard lights labeled on his plan. Mr.
Maykus said that is labeled incorrectly and should read 36" bollard lights.
Commissioner Peebles said he appreciated the applicant coming forward with a Site Plan instead of
a Concept Plan, but he has real problem with the 38' throat depth. Part of his problem is that this is
a dance studio and the kids will be coming in and out constantly. He said he wishes the applicant
would explore the possibility of giving at least 50'.
Chairman Creighton agreed with Commissioner Peebles saying that stacking depth is a problem for
her all over the city but particularly at this location due to all of the various traffic movements. She
knows from experience there is a great deal of traffic in and out of Dana's Dance Studio, and it
repeats itself every hour.
Mr. Maykus said safety is a big deal to Dana Bailey, and they will go back and look at the situation.
Vice-Chairman Murphy said again he would like to see how this would look with the building
oriented north and south. He said he is dreadfully concerned about the driveway issue.
(Planning and Zoning Commission meeting, 12-17-98, tape 1, section #7244)
Commissioner Shankland agreed saying he wants to support this, but he cannot support it the way
it is. He said it is a real safety issue for him, and he is gravely concern about it.
Mr. Maykus asked how the Commission will feel about this project if they meet the 50' stacking
depth requirement.
Chairman Creighton said she wants the stacking depth, but she does not want to disadvantage the
residents behind this property either. She thinks there is probably a way to do it.
Van Jones', 220 Mill Valley, Colleyville, Texas, said he was talking to the architect about the 10%
variance allowed to the parking and since they have 33 spaces now and they could eliminate three
(3) of those spaces in which they do not need, they think they can meet the 50' throat depth
requirement.
Chairman Creighton opened the Public Hearing.
Larry Mudd, 104 Clear Lake Court, Southlake, Texas, said he generally supports this project as it
is proposed. His only concerns are the drainage, the fencing and the lighting. He said he feels the
rear parking would be a little obtrusive at night, and he would like not to see that.
Glen Teal, 101 Clear Lake Court, Southlake, Texas, said he attended the SPIN meeting regarding
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this item. He said most of his neighbors agree their only concern is the traffic. He would rather the
parking stay the way it is or move the rear parking from the fence line to the back of the building.
He said for the most part it was a very positive meeting.
Mr. Mudd said it was his understanding the rear parking was primarily for employees. He stated his
concern regarding the location of the dumpster.
Commissioner Peebles asked if the reason a dumpster is shown on the plan is that the City requires
it to be.
Mr. Maykus said yes it is. He said the applicant actually did not want a dumpster.
Mr. Killough said the City requires that all non-residential uses have a dumpster. He said he was
not sure what the policy is, but there could be potential for a joint-use dumpster with the property
to the west.
Chairman Creighton asked if that is a requirement which can be varied.
Mr. Killough said he does not think so; it is under a separate ordinance.
Mr. Teal said another concern of the neighbors is the fencing, but they have been assured by the
applicant they will work with the neighbors regarding fencing.
Chairman Creighton left the Public Hearing open.
Mr. Killough pointed out that the stacking depth was miscalculated for this property. He said ifa
similar structure is placed on Lot 7, then the required stacking depth is 75'. He said the reason is
they only have one (1) driveway. He said if there is 49 parking spaces between the two (2)
properties, then the 38' is in compliance; that would mean Lot 7 could only add 16 spaces. He said
when staffcalculates the amount of required parking on an undeveloped site, they have to maximize
it and under those conditions 75' is required.
Commissioner Sandlin said after looking at this, he thinks this is the best layout for this property.
Dana Bailey, 4490 Saddle Ridge, Southlake, Texas, said they have moming classes from around 8:00
to 10:00 a.m. and afternoon classes from around 3:30 to 8:30 p.m.
Commissioner Shankland asked if the hours change in the summer.
Ms. Bailey said it definitely changes in the summer; there are probably around 75% fewer classes
in the summer.
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Commissioner LeVrier asked how many classes she has simultaneously and how many children
there are in each class.
Ms. Bailey responded she has three (3) to five (5) classes going at once with no more than 12 per
class.
Commissioner LeVrier asked if most students are dropped off.
Ms. Bailey said 98% of students are dropped off and their parents leave. She said they were mainly
going to use the side entry as a drop offpoint. She said most parents will come in, circle around the
building, mm around in back, and drop offon the side. She said the side door will be a main door.
Chairman Creighton said the Commission needs to see this again, and Mr. Maykus knows their
concerns regarding dumpster location, stacking depth, etc.
Mr. Maykus said they will work on this and try to do it right.
Vice-Chairman Murphy said had the stacking depth not been an issue, he was alright with the
articulation as proposed. He would prefer Mr. Maykus meet with staff regarding the column
material, stacking depth, and dumpster location. He also asked that the plans reflect that hedging
will be used as a screening device for the mechanical equipment. He asked staff to amend Item #5c
to reflect "south" instead of "north."
Chairman Creighton asked the applicant to keep the Lake Crest neighbors apprised of any changes
made to this plan.
Mr. Teal said he was not aware of cars turning around in the back of this building; the people
directly affected will not be in favor of that many cars turning around in the back.
Mr. Mudd said that would be approximately 1,000 cars a day turning around in his back yard.
Mr. Maykus asked to table this item to January 7, 1999.
Motion was made at the applicant's request to table ZA 98-145 and to continue the Public Hearing
to the January 7, 1999, Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Murphy
Murphy, Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton
None
7-0
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Motion carried.
(Planning and Zoning Commission meeting, 12-17-98, tape 2, section #1366)
Chairman Creighton called for a break at 10:52 p.m.
Chairman Creighton called the meeting back to order at 11:08 p.m.
Chairman Creighton said due to the late hour, the Commission will not hear Agenda Items #12, 15,
and 18 which will be continued to the January 7, 1999, meeting.
AGENDA ITEM #10. ZA 98-116. REZONING:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
Zoning Change on property legally described as being Lot 3, Block 1, Steward Addition, an addition
to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-159,
Page 40, Plat Records, Tarrant County, Texas, and being approximately 4.2739 acres. The property
is located approximately 50' east of Ridgecrest Drive and approximately 220' south of East Dove
Street. 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 and 65 LDN
Overlay Corridor. The Owners of the property are F.L. Bailey, Russell H. Oxner, and Gaylen
Bailey. The Applicant is Milo Choate. Seven (7) written notices were sent to property owners
within the 200' notification area, and three (3) responses were received two (2) of which were in
favor and one (1) was opposed.
Milo Choate, 2955 Tumbleweed Trail, Grapevine, Texas, presented this item to the Commission.
He said he wants to buy this piece of property to build a home on it and in order to get a building
permit, he must rezone it.
Chairman Creighton opened the Public Hearing.
Preston Stone, 565 E, Dove Road Southlake, Texas, said when he bought his property, there was no
east-west runway. He has found they have a terrific amount of noise at his house. He said there is
a private drive between his property and the property being rezoned. He has lived through several
generations of kids going up and down that driveway and does not look forward to any more
neighbors behind him. He said he does not want a street beside him. He also stated his concerns
regarding drainage.
Sonya Callicott, 435 E. Dove Road, Southlake, Texas, said she would like very much to have another
house beside her. She said the airplanes do not really bother her. She thinks this would be a nice
addition.
Chairman Creighton closed the Public Hearing.
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Vice-Chairman Murphy asked staffifthe City has any issues regarding the proposed driveway. Mr.
Killough said as long as emergency access is taken care of, he does not think the City has a problem
with it.
Commissioner Sandlin asked if they have fire hydrants around this property. Mr. Killough said one
of their requirements is to place a fire hydrant towards the end of the private street in order to
provide water services to the structure. He said Mr. Choate and the Fire Marshal are currently
discussing pavement and emergency access. Mr. Killough said the Fire Marshal feels the applicant
was willing and could comply.
Commissioner Peebles asked the applicant how he would feels about "RE" zoning and going to the
Zoning Board of Adjustment (Z.B.A.) for a variance. Mr. Choate said he is only buying 2.2 acres
of the proposed 4.2 acres.
Motion was made to approve ZA98-116.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Murphy
Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-17-98, tape 2, section #2189)
AGENDA ITEM #11. ZA 98-117. PLAT REVISION FOR THE PROPOSED LOTS 3R1.3R2.
AND 3R3. BLOCK 1. STEWARD ADDITION:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Plat
Revision for the proposed Lots 3R1, 3R2, and 3R3, Block 1, Steward Addition, being a revision of
Lot 3, Block 1, Steward Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Volume 388-159, Page 40, Plat Records, Tarrant County, Texas,
and being approximately 4.2739 acres. The property is located approximately 50' east of Ridgecrest
Drive and approximately 220' south of East Dove Street. 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 F.L. Bailey, Russell H. Oxner, and Gaylen Bailey. The Applicant is Milo
Choate. Two (2) written notices were sent to property owners within the 200' notification area, and
one (1) response was received which was in favor.
Milo Choate, 2955 Tumbleweed Trail, Grapevine, Texas, presented this item to the Commission.
Commissioner Sandlin asked if Mr. Choate intends to improve the road. Mr. Choate said he is not
proposing to because it is fine as it exists for his purposes.
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Commissioner Sandlin asked Mr. Choate about his discussions with the Fire Marshal. Mr. Choate
said the Fire Marshal said the road as it currently exists is satisfactory for gaining access to his
property. He said the Fire Marshal said the road will support his fire trucks, but he is still concerned
about turning around.
Commissioner Sandlin asked if there is any other way to get to the house other than this road. He
said Mr. Preston is concemed about traffic and the most traffic will be generated when the house is
being constructed. Mr. Choate said this is the only access to the property.
Commissioner Sandlin asked what is the applicant going to do about the septic system. Mr. Choate
said he will have an aerobic system.
Chairman Creighton said it does not sound like the applicant and the Fire Marshal have agreed about
the turn-around at the end of the street.
Commissioner LeVrier said that is an issue which will be worked out before Mr. Choate can receive
a building permit. He said that is something that will be worked out at the building permit phase.
Commissioner Sandlin said any motion the Commission makes can be subject to the Fire Marshal's
approval.
Chairman Creighton opened the Public Heating.
Preston Stone, 565 E. Dove Road Southlake, Texas, said his neighbor recently had some concrete
work done and the cement truck went off the driveway and onto his property and left ruts in his
property. He said the damage to his property was not that bad, but if a heavy truck goes in there,
they will get stuck.
Mr. Choate said if his construction somehow damages the road, it is in his best interest to repair the
road.
Chairman Creighton closed the Public Hearing.
Motion was made to approve ZA 98-117, subject to Plat Review Summary No. 1, dated December
11, 1998, and not requiting the road (Item #2) but requiring the access to meet the Fire Marshal's
approval.
Motion:
Second:
Ayes:
Nays:
Murphy
Shankland
LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton
None
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Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-17-98, tape 2, section #2747)
Since Commissioner Shankland lives adjacent to the property in Items #13 and #14, he stated he
would abstain from those items.
AGENDA ITEM #13. ZA 98-150. REZONING:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
Zoning Change on property legally described as being Tracts 2C1 and 2C1D1 situated in the A.A.
Freeman Survey, Abstract No. 522, and being approximately 6.967 acres. The property is located
between North Peytonville Avenue and Sonthridge Lakes Parkway across from the intersection of
Southridge Lakes Parkway and Travis Court. The Current Zoning is "AG" Agricultural District.
The Requested Zoning is "SF-1A" Single Family Residential District. The Land Use Category is
Medium Density Residential. The Owner and Applicant is Fred Joyce. Twenty-six (26) 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) undecided.
John Levitt (J.E. Levitt Engineers) 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 Hearing.
Commissioner Peebles asked if Mr. Joyce would be willing to consider requesting "SF-1A" zoning
for the two (2) eastern lots (proposed Lots 5 and 6) and going to Z.B.A. for a variance for "RE"
zoning on the western lot (proposed Lot 7). Mr. Joyce said no. Mr. Joyce said there is a possibility
if he builds on Lot 7 his daughter will build beside him.
Commissioner Peebles said he feels that even if Mr. Joyce received a variance from Z.B.A. for "RE"
zoning, it ~s not permanent; he could always come back later and request SF-1A agra .
Motion was made to approve ZA 98-150.
Motion: Sandlin
Second: Murphy
Ayes: Jones, Murphy, Sandlin, LeVrier, Creighton
Nays: Peebles
Abstain: Shankland
Approved: 5-1-1
Planning and Zoning Commission Meeting Minutes on December 17, 1998 Page 18 of 21
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Motion carried.
(Planning and Zoning Commission meeting, 12-17-98, tape 2, section #3142)
AGENDA ITEM #14. ZA 98-151. PLAT SHOWING FOR PROPOSED LOTS 5.6. AND 7. A.A.
FREEMAN NO. 522 ADDITION:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Plat
Showing for proposed Lots 5, 6, and 7, A.A. Freeman No. 522 Addition on property legally
described as Tracts 2C1 and 2C1D1 situated in the A.A. Freeman Survey, Abstract No. 522, and
being approximately 6.967 acres. The property is located between North Peytonville Avenue and
Southridge Lakes Parkway across from the intersection of Southridge Lakes Parkway and Travis
Court. The Current Zoning "AG" Agricultural District. The Land Use Category is Medium Density
Residential. The Owner and Applicant is Fred Joyce. Twenty-six (26) written notices were sent to
property owners within the 200' notification area, and four (4) responses were received with three
(3) being in favor and one (1) undecided.
John Levitt (~ E. Levitt Engineers) 726 Commerce, Suite 104, Southlake, Texas, presented this item
to the Commission. He said 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.
Chairman Creighton asked if Mr. Joyce has any intention of placing a fence along the residential
properties which do not currently have fencing. Mr. Levitt said Mr. Joyce intends to leave the barb
wire fence up which is there now; Mr. Joyce is still running cows on his property.
Commissioner Peebles asked if Mr. Joyce will be required to remove the cows once he has "SF-1A"
zoning. Mr. Killough said "SF-1A" zoned property requires 15,000 s.f. of open grazing land per
animal over 5,000 lbs.
Motion was made to approve ZA 98-151, subject to Plat Review Summary No. 1, dated December
11, 1998.
Motion: Jones
Second: Murphy
Ayes: Jones, Murphy, Sandlin, LeVrier, Creighton
Nays: None
Abstain: Shankland, Peebles
Approved: 5-0-2
Motion carried.
Planning and Zoning Commission Meeting Minutes on December 17, 1998 Page 19 of 21
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(Planning and Zoning Commission meeting, 12-17-98, tape 2, section #3552)
AGENDA ITEM #16. ZA 98-153. PLAT REVISION FOR THE PROPOSED LOT 9R. BLOCK 1.
THE LAKES OF LA PALOMA:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Plat
Revision for the proposed Lot 9R, Block 1, The Lakes of La Paloma, being a revision of Lots 9 and
10, Block 1, The Lakes of La Paloma, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 2554, Plat Records, Tarrant County, Texas, and
being approximately 1.3769 acres. The property is located approximately 700' west of South Carroll
Avenue at the end of the cul-de-sac on La Paloma Court. The Current Zoning is "SF-20A" Single
Family Residential District. The Land Use Category is Medium Density Residential. The Owner
and Applicant is The Lakes of La Paloma, J.V. Three (3) written notices were sent to property
owners within the 200' notification area, and no responses were received.
DickBlackard, 500 Grapevine Highway, Hurst, Texas, presented this item to the Commission. He
said he will meet all Staff Review Comments.
Chairman Creighton opened the Public Heating. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Heating.
Motion was made to approve ZA 98-153, subject to Plat Review Summary No. 1, dated December
11, 1998.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Jones
Murphy, Sandlin, LeVrier, Peebles, Shanldand, Jones, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-17-98, tape 2, section #3743)
AGENDA ITEM #12. ZA 98-149. REZONING AND SITE PLAN FOR BARTON HOUSE
UNCOMMON CARE. 1NC.:
AGENDA ITEM #15. ZA 98-152. SITE PLAN FOR PANORAMA PLACE. PHASE II. AND
AGENDA ITEM #18. ZA 98-115. PLAT SHOWING FOR PROPOSED LOTS 3 THROUGH 6. J.
THORNHILL NO. 1505 ADDITION:
Motion was made to table ZA98-149, ZA98-152, and ZA 98-115 and to continue the appropriate
Public Hearings to the January 7, 1999, Planning and Zoning Commission meeting.
Motion: Jones
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Second: Murphy
Ayes: Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-17-98, tape 2, section #3797)
AGENDA ITEM #19. DUE TO CASE RESOLUTION NO. 97-22. THE FOLLOWING CASES
WILL NOT BE HEARD ON THIS AGENDA AND WILL BE CONTINUED TO JANUARY 7.
1999:
ZA 98-118, Rezoning and Development Plan for Chesapeake Place (Public Hearing) and ZA 98-119,
Preliminary Plat for Chesapeake Place (Public Hearing).
(Planning and Zoning Commission meeting, 12-17-98, tape 2, section #3800)
AGENDA ITEM #20. MEETING ADJOURNMENT:
Chairman Creighton adjourned the meeting at 12:10 a.m. on December 18, 1998.
(Planning and Zoning Commission meeting, 12-17-98, tape 2, section #3800)
Ann Creighton// -J ~
Chairman ~
ATTEST:
Loft A. Farwell
Community Development Secretary
Planning and Zoning Commission Meeting Minutes on December 17, 1998 Page 21 of 21
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
£OUNTY OF-~-~ rc-a~'~ §
[, ~ ~~ as a member of the /~/~ ~ ~/~ , make ~s affidavit
and hereby on oath state the following: [ have a subst~tial interest in a bus~s entiw oral prope~ as defmed in
Chapter 171, Texas Local Gove~ent Code, and a vote is to be taken or a decision is to be made that will have a
special econo~c effect on this business entiW or real prope~.
The agenda item affecting this business entiW or real prope~ is: ~ ~-/~ W ~ff~-/ff/
COMPLETE (A) or (B): (A) The business entity is (name); or
(B) The real property is located at: ~Vot~rA.
I have a substantial interest for the following reasons: (check all which are applicable)
Ownership of 10% or more o f 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 gTOSS 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 p.~blic 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 or debate.
Signed this / Yday of ~ ¢ ~* ~,-~ ~" a'--- , 19,~.
The State of ~T~eaga(-5 §
County of '-r~rr-,a~4~ §
Before me (..o,"'; r4.~ac",.oe[( on this day personally appeared
~el'~ ~&a.~kla.et~. known to me (or proved to me on the oath of -~ or
through ~ (description of identity card or other document) to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office this ('7~'Gday of ]~ec*mJ~q'A.D. Iqct ?.
Notary Public.in and tbr the State of Texas