1997-01-09 P&Z Meeting 1
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REGULAR PLANNING AND ZONING
COMMISSION MEETING
January 9, 1997
COMMISSION PRESENT: Chairman Joe Wright, Vice-Chairman Rex Potter; Members: Ann
Creighton, Debra Edmondson, Dona Schroetke, and Lanny Tate
COMMISSION ABSENT: James Murphy
CITY STAFF PRESENT: City Engineer Ron Harper, Staff Engineer Angela Turner, Zoning
Administrator Karen Gandy, Planner Dennis Killough, Planner Chris Carpenter, and Community
Development Secretary Lori Farwell
The meeting was called to order by Chairman Wright at 7:12 p.m.
AGENDA ITEM #2. APPROVAL OF MINUTES:
Chairman Wright opened discussion of the minutes of the December 19, 1996, Regular Planning and
Zoning Commission Meeting.
Commissioner Edmondson stated that she wants a change made on Page 7, Line 17, which replaces
the word "from" with the word "onto" and replaces the word "into" with the word "from". Basically,
she would like to see the reverse of what is written.
Commissioner Creighton wanted the words, "be saying", removed from Page 12, Line 21.
Motion was made to approve the minutes of the December 19, 1996, Regular Planning and Zoning
Commission Meeting, as amended.
Motion: Potter
Second: Edmondson
Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission Meeting, 01-09-97, tape 1, section g45)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
City Engineer, Ron Harper, welcomed the new Staff Engineer, Angela Turner, and introduced her
to the Commission.
(Planning and Zoning Commission Meeting, 01-09-97, tape 1, section #65)
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 1 of 21
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AGENDA ITEM # 10. ZA 96-158. REZONING AND CONCEPT PLAN FOR A PROFESSIONAI,
OFFICE BUILDING. AND
AGENDA ITEM #11. ZA 96-159. REZONINQ:
Motion was made to table ZA96-158 and ZA96-159 and to continue the Public Hearing to the
January 23, 1997, Regular Planning and Zoning Commission Meeting.
Motion: Tate
Second: Potter
Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission Meeting, 01-09-97, tape 1, section #88)
Chairman Wright announced that Agenda Items #16, 17,. and 18, will be continued to the Planning
and Zoning Commission Meeting on January 16, 1997 at 7:00 p.m.
AGENDA ITEM g4. ORDINANCE NO. 480-W. REVISIONS TO THE ZONING ORDINANCE
NO. 480:
Zoning Administrator Karen Gandy informed the Commission that William Cothrum of MasterPlan
and John Lopez, Zoning Manager for PrimeCo, are present to answer any questions as they arise on
this item. Discussion began on Page 2, Section III.B, about requiring applicants to provide their
frequency coverage.
William Cothrum, MasterPlan, 550 S. Ervay Street, Dallas, Texas, stated his concern about privacy
if applicants are required to submit radio frequency coverage. He also stated that most applicants
would provide "propagation maps" to the Commission at the time of submission. These maps would
illustrate their coverage areas. Propagation maps are color-coded, computer-generated maps which
identify the need for more cells. He stated that there is no way he can determine where a next cell
will be needed five years from now because the factors are constantly changing.
Commissioner Creighton asked Ms. Gandy if she feels comfortable requiring applicants to provide
propagation maps instead of radio frequency coverage. Ms. Gandy stated that she feels reasonably
comfortable that these maps would provide the information needed.
Commissioner Schroetke asked Ms. Gandy tithe City could request further information at the time
of submission if needed. Commissioner Schroetke asked if the words "City Council" could be
changed to just "City" in Section III.B., and Ms. Gandy stated that she would make that change in
order to allow more flexibility.
Vice-Chairman Potter asked if all the Commissioners agreed to remove "radio frequency coverage"
and add "propagation map" to Section III.B., and everyone agreed. Commissioner Eclmondson said
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 2 of 21
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that there should also be a definition added for propagation map to clarify the City's intent, and Ms.
Gandy said that she would add that, too.
Mr. Cothrum suggested that the words, "and at a cost not exceeding the actual prorated share of the
design, construction and maintenance costs of the facilities," be removed from Section IV.B.2. in
order to avoid too much control from the City. Commissioner Creighton asked if City Attorneys had
a problem with this statement, and Ms. Gandy stated that they did not. Ms. Gandy suggested that
the sentence end after "non-discriminatory basis". Commissioner Creighton stated that she did not
know how the City could regulate what is "non-discriminatory" without the remainder of the
sentence which is simply a definition of "non-discriminatory". Commissioner Creighton said that
there would be vagueness without a definition of"non-discriminatory".
In Section IV.C.I., Mr. Cothrum suggested that the words, "a lattice-type tower" be changed to
"another type of tower", and Ms. Gandy agreed with him. The Commission agreed to this change.
It was also agreed upon to add "lattice tower" to the list of definitions.
In Section IV.C.2., Ms. Gandy stated that the City Attorneys suggested changing "shall either
maintain" to "shall be maintained with either". Ms. Gandy also suggested removing "(e.g., light gray
or light blue)" so as to not stipulate the color as long as it is a neutral color. The Commission agreed
to these changes.
After discussion, it was agreed to add "whenever practicable" after the word "underground" in
Section IV.C.4.
In Section IV.D.2., Ms. Gandy suggested that the applicant be required to provide certification by
the "ANSI" and the "IEEE". Ms. Gandy also suggested that in Section IV.D.3., the applicant be
required to provide certification from the FCC regarding approval of the applicant's Environmental
Assessment. The Commission agreed to these changes.
In Section IV.E.3., Chairman Wright suggested that the following language be added: If safety
concerns are raised by a City Official at any time, then a complete inspection and report must be
prepared and filed. The Commission was in agreement.
Mr. Cothrum asked that Section IV.F.I.a. be removed altogether. Chairman Wright suggested that
the words "shall be screened" be changed to "may be required to be screened", and the
Commissioners agreed.
Mr. Cothrum suggested that Section IV.F.I.b. read: "Roof-mounted, whip-type, telecommunications
antennas shall not exceed the lessor of the height of the building or the maximum height of the
district in which it is located by more than fifteen (15) feet and shall be located no closer than fifteen
(15) feet to the perimeter of the building." The Commission agreed on this change.
Commissioner Schroetke asked what color the antennas normally are. Mr. Cothmm stated that they
are normally a galvanized color which blends in with the sky.
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 3 of 21
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In Section IV.F.I.c., Commissioner Creighton suggested that the words "textured and colored" be
changed to "of a texture and color", and the Commission agreed.
Ms. Gandy asked to remove Section IV.F.2.t~ in its entirety, due to the City's requirement that there
be two (2) users per freestanding tower.
In Section IV.G.2., the Commission agreed to change "utility structures" to "existing structures (e.g.,
utility structures, bell towers, transmission towers, lights on a stadium)".
In Section IV.G.3., Commissioner Edmondson asked to strike the sentence regarding granting a
variance in its entirety, and the Commission agreed.
In the first sentence in Section IV.H., Commissioner Edmondson asked that the words "or waived
altogether" be removed.
In Section IV.H.2., Vice-Chairman Potter asked that the words, "chain link fence," be removed.
In Section IV.H.3., it was agreed that the words "provide the plantings ofa "F-2" bufferyard" would
be replaced with "provide a screening plan of a minimum "F-2" bufferyard."
Vice-Chairman Potter stated his extreme concern regarding Section IV.I. 1., which directs high
voltage fencing. He stated that he does not understand why that section is in this ordinance at all.
Ms. Gandy stated that it is fairly common industry-wide to provide for high voltage fencing in the
ordinance.
Chairman Wright stated that he would like to see Section IV.I.1. regarding high voltage security
fencing completely deleted. After discussion, it was agreed that section would be removed from
Section IV.I.1. and placed under IV.L.7.
Ms. Gandy stated that the City Attorneys have made the suggestion that the word "should" be
replaced with "shall" in Sections IV.K. 1. and IV.K.3.
Mr. Cothrum asked that Section IV.L.2. be removed completely and, after discussion, it was agreed
that only the words "or to" would be removed.
Regarding Section III.C., Commissioner Edmondson asked why the City of Southlake is exempt
t~om the requirements of this Ordinance. Ms. Gandy stated that typically any major utility structure
is going to require bond approval or zoning approval and will already be in existence. It is a way
to encourage future applicants to use existing structures without requiring the S.U.P. process. After
further discussion, it was decided that applicants would be required to go through the S.U.P. process
except for those placing antennas on existing water towers.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 4 of 21
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Motion was made to approve Ordinance No. 480-W as discussed.
Motion: Potter
Second: Creighton
Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission Meeting, 01-09-97, tape 1, section ~4360)
AGENDA ITEM #5. ORDINANCE NO. 480-X. REVISIONS TO SECTION 30. "PUD" PLANNED
UNIT DEVELOPMENT. OF THE CITY'S ZONING ORDINANCE NO. 480:
Zoning Administrator Karen Gandy informed the Commission that Ordinance No. 480-X is an
amendment to the "PUD" Planned Unit Development Section of the Ordinance which changes the
maximum density requirement from 2.18 to 1.80.
Chairman Wright read that the ordinance states that this calculation excludes all proposed non-
residential acreage from the gross acreage. Chairman Wright asked Ms. Gandy if open space and
golf courses are subtracted out for the calculation, and she stated no, because open space is a
requirement of a residential PUD.
Commissioner Edmondson asked Ms. Gandy who enforces the role of maximum lot coverage not
exceeding thirty percent (30%) of the lot area. Ms. Gandy stated that is reviewed at the site plan
stage and building permit stage.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Motion was made to approve Ordinance No. 480-X.
Motion: Tate
Second: Creighton
Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission Meeting, 01-09-97, tape 1, section #4565)
Chairman Wright called for a recess at 9:26 p.m.
Chairman Wright called the meeting back to order at 9:38 p.m.
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 5 of 21
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AGENDA ITEM #6. ZA 96-71. SPECIFIC USE PERMIT (FOR OUTSIDE STORAGE) GREAT
OUTDOOR LANDSCAPE:
Planner Chris Carpenter informed the Commission that the applicant's request is for a Specific Use
Permit (for outside storage) for Great Outdoor Landscape which is legally described as Lot 3, Block
A, Hart Industrial Park and approximately 0.998 acres situated in the John N. Gibson Survey,
Abs~act No~ 591. The property is located on the north side of Hart Court, approximately 225' east
of the intersection of Brumlow Avenue and Hart Court. The current zoning is "I-l"Light Induslrial
District. The owner is Joseph Hart and the applicants are Scott and Carol Malone. The property
is in SPIN Neighborhood #7. The Land Use Plan indicates Mixed Use. Five (5) written notices
were sent to property owners within the 200' notification area, and one (1) written response was
received which was in favor.
Buddy Luce, 1850 Hunters Creek, Southlake, Texas, presented this item to the Commission. Mr.
Luce made comparisons of the original concept plan and the present concept plan. He stated that
the applicant has made enormous changes to this plan. The current concept plan provides for an 8'
stockade fence surrounding the premises. The applicant is willing to agree to any type of limitatious
that no outside storage shall exceed or be higher than the 8' fence. This current plan addresses types
and sizes of materials intended to be stored outside. The plan provides for an all weather surface on
the entire back side of the property, and the applicant has discussed this with the Fire Marshal. They
have also provided for landscape buffering and off-street parking. Mr. Luce stated that the applicant
is in compliance with all City ordinances. He stated that most of the surrounding properties have
outside storage with chain-link fences.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Chairman Wright stated that he agrees that three (3) of the surrounding properties have outside
storage, but they were all grand fathered in because those buildings were built when the properties
were not in the City. The outside storage goes with the property and not with the use. He stated that
to the best of his knowledge, no outside storage has been granted in that area.
Commissioner Schroetke asked if the City can enforce standards upon nonconforming uses such as
outside storage. Zoning Administrator Karen Gandy stated that the City would require compliance
with the screening section in Section 39 of the Zoning Ordinance. Commissioner Sehroetke stated
that she is hesitant to grant this S.U.P. because the City has no way of enforcing it. Ms. Gandy
stated that the Commission can place stipulations upon approval of this request which would give
the City power to remove their S.U.P. if the stipulations aren't met.
In response to Chairman Wright's comments, Mr. Luce stated that in March 1996, the Planning and
Zoning Commission granted a Specific Use Permit for outside storage to Masomy Supply.
Chairman Wright stated that Mr. Lute was correct and that he forgot about that case.
Motion was made to deny ZA96-71, Specific Use Permit (for outside storage) for Great Outdoor
Landscape.
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 6 of 21
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Motion: Tate
Second: Schroetke
Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Creighton
Nays: None
Approved: 6-0 (to deny)
Motion carried.
(Planning and Zoning Commission Meeting, 01-09-97, tape 1, section #5555)
AGENDA ITEM #7. ZA96-155. REZONING FOR CALLICOTT/RHODES FARM:
Planner Chris Carpenter infonned the Commission that the applicant's request is for a Zoning
Change for Callicott/Rhodes Farm on property described as being approximately 1.004 acres, and
being Tract 1BSC in the L. H. Chivers Survey, Abstract No. 300. The property is located
approximately 810~ south of the intersection of East Dove Street and Ridgecrest Drive. The current
zoning is "AG" Agricultural District. The requested zoning is "SF-1A" Single Family Residential
District. The Land Use Category is Low Density Residential (may include limited low intensity
office and/or retail uses). The owners are Cari C. Rhodes and Kevin Rhodes. The applicant is
Forsbey Consulting Services, 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. A change of zoning
to the "SF-1A" Single Family Residential District does not require a Concept Plan Review by Staff.
Bill Forshey, Forshey Consulting Services, Inc., 1309 Trinity Drive, Benbrook, Texas, presented this
item to the Commission.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Motion was made to approve ZA96-155, Rezoning for Callicott/Rhodes Farm.
Motion: Creighton
Second: Tate
Ayes: Sehroetke, Tate, Wright, Potter, Edmondson, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission Meeting, 01-09-97, tape 1, section #5822)
AGENDA ITEM #8. ZA96-154. PRELIMINARY PLAT FOR CALLICOTT/RHODES FARM:
Planner Chris Carpenter informed the Commission that the applicant's request is for property
described as being approximately 12.98 acres, being Tracts lB3 and 1B3C in the L. H. Chivers
Survey, Abstract No. 300. The property is located on the south side of East Dove Street at the
intersection of East Dove Street and Ridgecrest Drive. The current zoning is "SF-1A" Single Family
Residential District. The applicant is Forshey Consulting Services, Inc. The owners are Cad Rhodes,
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 7 of 21
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Kevin Rhodes, and Sonja Callicott. The property is in SPIN Neighborhood #4. Thirteen (13)
written notices were sent to property owners within the 200~ notification area, and two (2) responses
have been received which were both in favor.
Bill Forshey, Forshey Consulting Services, Inc., 1309 Trinity Drive, Benbrook, Texas, presented this
item to the Commission. Mr. Forshey asked for exceptions to Items #12 and #15. Item #12 states
that Lot 2 must front on a public street. Mr. Forshey stated that Mr. Callicott granted a 50' access
easement to Lot 2 and intends to leave that access in place. Item #15b addresses a drainage and
utility easement which presents some concerns to the applicant regarding the safety of her horses and
the health of the trees along that area.
Chairman Wright opened the public hearing.
Cari Rhodes stated that she is willing to work with City Engineer Ron Harper on the placement of
the easements. She has some concerns about damaging the trees and would like to save as many as
possible.
Sonya Callicott, 435 E. Dove, Southlake, Texas, asked that the Commission approve this application.
Chairman Wright closed the public hearing.
City Engineer Ron Harper recommended that final determination of the location of the drainage and
utility easement be delayed until prior to the submittal of the Final Plat.
Commissioner Creighton asked Mr. Harper if the City will replace any damaged trees due to any
construction in the future. Mr. Harper stated that it is the City's policy to bore most of the trees
encountered during construction. When the City has damaged a tree of substantial size, the City
normally makes arrangements with the property owner for compensation of some sort.
Motion was made to approve ZA96-154, Preliminary Plat for Callicott/Rhodes Farm, subject to Plat
Review Summary No.1, dated December 13, 1996, deleting Item #12, and deferring Item #15b until
submittal of Final Plat.
Motion: Potter
Second: Creighton
Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission Meeting, 01-09-97, tape 1, section #6676)
Chairman Wright stepped down, and Vice-Chairman Potter presided over Agenda Item #9.
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 8 of 21
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AGENDA ITEM # 9. ZA96-157. SITE PLAN OF TIMARRON NEIGHBORHOOD CENTER
NUMBER 2:
Planner Chris Carpenter informed the Commission that the applicant's request is for Lot 30, Block
28 of the approved Final Plat of Village F, and being approximately 3.471 acres situated in the O.
W. Knight Survey, Abstract No. 899 and being a portion of Tract 2C1A. The property is located on
the northwest comer of the intersection of Byron Nelson Parkway and the proposed Inwood Drive.
The current zoning is "R-P.U.D. No. 1" Residential Planned Unit Development. The Land Use
Category is Low Density Residential (may include limited low intensity office and/or retail uses may
be permitted). The owner and applicant is Timarron Land Corporation. The property is in SPIN
Neighborhood #I0. Ten (10) written notices were sent to property owners within the 200'
notification area, and one (1) response has been received which was opposed.
David Rhodes, Carter & Burgess, Inc., 7950 Elmbrook Drive, Suite 250, Dallas, Texas, presented
this item to the Commission. He stated that in addition to the amenities that will be immediately
available, Timarron Land Corporation intends to place a tennis court facility approximately on the
northwest portion of this site. In the meantime, they will grade that area to provide for open play.
Mr. Rhodes asked for exception to Item g4C by allowing them to relocate the required shrubs on the
west property line to the interior of the property to minimize the damage to the large post oaks that
are presently there. He also asked to relocate the bufferyard planting requirements on the north and
east property lines to the interior of the property in order to meet Timarron's existing bufferyard
requirements. He asked for an exception to Item #7 which stipulates the parking space requirements.
They originally planned for forty-nine (49) parking spaces, and in order to meet the throat depth
requirements listed in Item #8, they had to reduce that number to forty-six (46). Lastly, Mr. Rhodes
asked for exception to Item #9 by stating that Timarron stipulates that surrounding homeowners that
are on Timarron property have wrought iron fencing. He stated that they purposely placed the
driveway on Inwood Drive in order to allow for overflow parking onto Inwood Drive instead of on
Byron Nelson Parkway.
Commission Schroetke asked how he would access his overflow parking, and Mr. Rhodes said that
it would be accessed over the curb on Byron Nelson Parkway.
Commissioner Schroetke stated her concern about the trail being placed throughout the trees and the
damage which might be incurred.
Commissioner Edmondson asked Mr. Rhodes if he would move the multi-purpose court to the east
side of the property. Steve Yetts, Tirnarron Land Corporation, responded by saying that his
reasoning for placing the multi-purpose court where he did was mainly due to it's proximity to the
restroom facilities. After discussion of this issue, Mr. Yetis suggested reversing the locations of the
multi-purpose court and the playground. The Commission agreed that would be a good idea.
Commissioner Edmondson also stated that she would like to see the future tenais courts moved more
to the east in order to distance them from the homes, Mr. Yetis stated that he would move it more
to the east.
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 9 of 21
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Commissioner Schroetke asked Mr. Rhodes if he would be willing to move the trail to the east side
of the trees, and he stated that he could do that.
Vice-Chairman Potter opened the public hearing.
Diane Cruse stated that she owns an adjacent property to the west of this site. She is concerned
about the drainage after the parking lot is paved. She is concerned about too much water draining
onto those trees and onto her property. She asked for an 8' fence to be placed on her property to
preserve her privacy. She is also worried about the parking lot being too secluded, and it being a
gathering place for teenagers. She is concemed about the spill-over lighting onto her property. She
also questioned the height of the storage building.
Commissioner Creighton agreed with Ms. Cruse regarding the issues of safety and security on the
secluded parking lot. She believes this to be another positive reason to move the multi-propose court
to the east side of the property.
Vice-Chairman Potter closed the public hearing.
Mr. Rhodes stated they would be willing to chain offthe back side of the parking lot at the southwest
comer to discourage people from congregating back there. He stated that the height of the storage
facility will be maximum 15'.
Mr. Yetts suggested planting 4"-6" caliper cedars around the elbow of the parking lot to add privacy
for Ms. Cruse and other property owners.
Motion was made to approve ZA96-157, Site Plan of Timarron Neighborhood Center, Number 2,
subject to Site Plan Review Summary No. 1, dated December 13, 1996, modifying Item ~4C to
allow for redistribution of shrubs to the interior of the site; deleting Item #7 to accept 46 parking
spaces as shown; amending Item #9 to allow the planting of 4"-6" cedars around the elbow of
parking lot to provide an additional buffer; moving future tennis courts to the east; reversing the
location of the multi-purpose court and the playground; and moving sidewalk to the east side of the
existing trees along the west property line.
Motion: Tate
Second: Edmondson
Ayes: Schroetke, Tate, Potter, Edmondson, Creighton
Nays: None
Abstain: Wright
Approved: 5-0-1
Motion carried.
(Planning and Zoning Commission Meeting, 01-09-97, tape 2, section # 1221 )
Chairman Wright resumed chairmanship of the meeting.
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 10 of 21
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AGENDA ITEM #12. ZA 96-160. REZONING;
AGENDA ITEM #13. ZA 96-161. REZONING;
AGENDA ITEM #14. ZA 96-162. CONCEPT PLAN OF TELESUPPORT EAST CAMPUS. AND
AGENDA ITEM #15. ZA 96-163. REZONING AND CONCEPT PLAN FOR THE KIMBALL
Motion was made to table ZA96-160, ZA96-161, ZA96-162, and ZA96-163, and to continue the
Public Heating to the January 23, 1997, Regular Planning and Zoning Commission Meeting.
Motion: Edmondson
Second: Creighton
Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning .and Zoning Commission Meeting, 01-09-97, tape 2, section #1305)
THE REMAINING ITEMS WERE HEARD THE EVENING OF JANUARY 16, 1997
COMMISSION PRESENT: Chairman Joe Wright, Vice-Chairman Rex Potter; Members: Ann
Creighton, Debra Edmondson, Dona Schroetke, and Lanny Tate
COMMISSION ABSENT: James Murphy
CITY STAFF PRESENT: City Engineer Ron Harper, Zoning Administrator Karen Gandy, Planner
Dennis Killough, and Community Development Secretary Loft Farwell
The meeting was called to order by Chairman Wright at 7:06 p.m.
Chairman Wright stepped down, and Vice-Chairman Potter presided over Agenda Items # 16, 17, and
18.
AGENDA ITEM #16. ZA 96-130. REZONING AND CONCEPT PLAN FOR TIMARRON
COMMERCIAL. TRACT I:
Dennis ,lerke, Carter & Burgess, 3880 Hulen Street, Fort Worth, Texas, stated that they have
resubmitted in response to issues raised at the December 12, 1996 Planning and Zoning Commission
Work Session. He asked the Commission to consider the three (3) tracts as one (1) continuous tract
since they all generally have the same issues surrounding them. He summarized the key issues
which were discussed in all of the previous Timarron Commercial work sessions and Planning and
Zoning Commission meetings. He stated the key issues as being: proposed zoning categories
adjacent to existing residential, proposed land uses adjacent to existing residential, building setbacks,
bufferyards, building heights, drainage, open space, quality and continuity, and traffic impact. Mr.
Jerke discussed the proposed land uses and reviewed the penciled-in changes which were. agreed
upon in the December 12, 1996 work session. He suggested reviewing Tract IB first.
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 11 of 21
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In the "C-i" zoning district, he changed Community Facility Uses to be permitted by Specific Use
Permit (S.U.P.) only. He also excluded wastewater treatment facilities from all zoning districts.
Commissioner Edmondson asked Mr. Jerke to also exclude from Community Facility Uses, landfills
and Imnsfer stations, along with the wastewater treatment facilities.
Mr. Jerke agreed to exclude landfills, transfer stations, and wastewater treatment facilities from every
zoning district.
In the "C-2" zoning district, Mr. Jerke changed the following items to be permitted by S.U.P. only:
3.) cleaning, dying and pressing works; laundries and washaterias; 12.) cleaning, dying and pressing
works; laundry and Laundromats; and 25.) frozen food lockers. Mr. Jerke also excluded large animal
clinics from Item #18.
Commissioner Schroetke asked City Staff if grocery stores are limited to 40,000 square foot in the
"C-2" zoning district. Zoning Administrator Karen Gandy stated that there is no size limitation on
grocery stories in "C-2".
In the "C-3" zoning district, Mr. Jerke changed the following items to be permitted by S.U.P. only:
2.) auditoriums, theaters and cinemas; 4.) commercial amusement centers and bowling alleys; 6.)
conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor
miniature golf courses; 16.) medical care facilities to include nursing and care homes, and hospitals;
and 26.) taverns, clubs and others comparable establishments which the on-premises consumption
of alcoholic beverages is permitted subject to issuance of special use permit. Mr. Jerke excluded
propane tank sales from Items #9 and #22. He excluded cemeteries, crematories and mausoleums
from Item #17. Mr. Jerke stated that in Item #26, he excluded sexually oriented businesses.
In the "B-i" zoning district, Mr. Jerke changed the following items to be permitted by S.U.P. only:
7.) computer manufacture and research; 9.) electronic manufacture; 12.) manufacture of medical and
dental equipment; 13.) manufacture of musical instruments; 15.) nursery yards or buildings for retail
sales and landscaping companies; 16.) optical instrument and lenses manufacturing; 21.) scientific
and professional instrument manufacturing; 23.) small parts manufacturing and assembly; and
Community Facility Uses. Mr. Jerke stated that he also excluded living quarters from Item #22.
Commissioner Edmondson asked if the following statement could be added: "The intent of the above
manufacturing related S.U.P.'s is to provide the City of Southlake an opportunity to review any
proposed manufacturing use."
Phil Weller, Attorney with Vincent & Elkins, 2001 Ross Avenue, Dallas, Texas, suggested that a
notation be added at the bottom of the "B-I" page which states, "Any manufacturing use within the
"B-1" district shall require an S.U.P." That suggestion was agreed upon by the Commission.
In the "B-2" zoning district, Mr. Jerke changed the following items to be permitted by S.U.P. only:
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9.) commercial warehouse facility; 25.) wholesale house, sales office and storage; and Community
Facility Uses.
The Commissioners stated that they were all extremely concerned about the "B-2" zoning district
allowed on any of the tracts.
In the "HC" zoning district, Mr. Jerke changed the following items to be permitted by S.U.P. only:
2.) parks and playgrounds which are publicly owned; 3.) golf courses which are privately owned;
and 4.) city hall, police and fire stations and other municipal uses.
Commissioner Edmondson asked Mr. Jerke to add Item #1, hotels and motels, to require an S.U.P.,
and he agreed to make that change.
Regarding the "O-I" zoning district, Mr. Jerke stated that he did not add an S.U.P. requirement to
any item listed in Office Uses, but he did add the S.U.P. requirement to every item listed in
Community Facility Uses.
In the "CS" zoning district, Mr. Jerke changed every item to be permitted by S.U.P. only.
Vice-Chairman Potter asked Mr. Jerke if he would be willing to strike Item #5-institutions,
rehabilitation and training centers, in the "CS" zoning district. After much discussion, Mr. Jerke and
Mr. Yetts agreed to strike it completely.
Vice-Chairman Potter stated that he would like to notify property owners within 200' of the entire
tract (not only within 200' of the particular site) of any future requests. He does not want to fail to
notify someone simply because they are within several feet outside the notification boundary. Ms.
Gandy stated that it would require that City Council make a change to the ordinance. Vice-Chairman
Potter stated that he would like this request to be in the motion from the Planning and Zoning
Commission.
Mr. Jerke stated that they have designated a 300' area adjacent to residential in Bubble 'B' in which
the Commission can refuse a S.U.P. or an "0-2" use because of location. Commissioner Creighton
asked Mr. Jerke how he arrived at the 300' designation. Mr. Jerke stated that there was no particular
reason for choosing 300'. They arrived at that figure through discussions in prior work sessions.
Commissioner Creighton asked if he would agree to increasing the 300' designation. Mr. Jerke
stated that the Commission would need to make a recommendation on the distance, and Timarron
would consider that recommendation at that time. All the Commissioners agreed that unless that
distance is increased, they would need to strike several more uses from the list of permitted uses.
Mr. Jerke suggested that the Commission identify those particular items that are major concerns and
allow the City Council decide which direction to go.
Commissioner Creighton asked that the citizens be allowed to speak at this point in time so that the
Commission can better understand where their concerns lie.
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 13 of 21
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Vice-Chairman Potter stated that he would like the Commission to continue reviewing the zoning
districts and locations of land uses.
Mr. Yetts asked that there be a five-minute recess to consult with his legal counsel.
Vice-Chairman Potter called for a recess at 8:22 p.m.
Vice-Chairman Potter called the meeting back to order at 8:38 p.m.
(Planning and Zoning Commission Meeting, 01-09-97, tape 1, section #2360)
Mr. Weller stated that by working with the S.U.P. and the distance regulations, he feels that the City
and the applicant can acquire a mutual comfort level.
Vice-Chairman Potter stated that he would like the Commission work out the issues in more detail
before he opens the Public Hearing. He feels that by doing so will allow the public to see a finished
product before they state their concerns.
Commissioner Creighton stated that she would like citizen input before she discusses the uses any
further. The citizen input will influence her feelings about the uses and the distance from residential.
She would like to hear what the sun'ounding property owners want.
Commissioner Edmondson agreed with Commissioner Creighton by saying she would like to hear
citizen input now, rather than later.
After discussion, the Commission agreed to allow "C-l" and "C-2" zoning districts within 300' of
the proposed Kirkwood extension and 300' of Dove Road. In "C-I" zoning district, Commissioner
Schroetke suggested permitting the following uses by S.U.P. only: 4.) cleaners, laundries and/or
Laundromats; 5.) gasoline filling stations that operate in conjunction with small convenience stores;
and 8.) restaurants, tea rooms and/or "take-out" food establishments. The Commission agreed to
these suggestions.
In the "C-2" zoning district, the Commission agreed to allow the following uses by S.U.P. only: 22.)
Filling stations or service stations, operating with/without a convenience store; 26.) grocery stores
and meat markets; and 33.) restaurants, tea rooms, cafeterias, fast food and "take-out" food
restaurants. In addition, Commissioner Schroetke asked for the following items to be smack
completely: 25.) frozen food lockers; and 37.) tires, batteries and automobile accessory sales. The
Commission agreed to these changes.
Commissioner Creighton asked that "gun sales and repair" be eliminated from Item #35 - sporting
goods, due to the proximity to the schools. Commissioner Tate disagreed with Commissioner
Creighton on this issue. After discussion, the majority of the Commission agreed that "gun sales and
repair" would be eliminated from this item on all three (3) tracts.
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 14 of 21
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In the "B-I" zoning district, Commissioner Edmondson asked that Item #11 - lithograph, engraving,
printing and publishing, be allowed by S.U.P. only. Commissioner Creighton asked that Item #18 -
professional/business schools by allowed by S.U.P. only. The Commission agreed to these changes.
In the "O-1" zoning districts, Commissioner Creighton asked that Item #29 - radio recording and
television broadcasting offices and studio, be allowed by S.U.P. only. Vice-Chairman Potter stated
that he would like this to be S.U.P. on all three (3) tracts. The Commission agreed to these changes.
The Commission agreed that any "0-2" use be allowed by S.U.P. primarily due to height limitations.
Vice-Chairman Potter said that Mr. Jerke's statement regarding the 300' area adjacent to residential
properties will no longer apply due to the above limitations recommended by the Commission.
Commissioner Creighton again stated that she would like to hear from the residents before the
meeting goes any further. She feels that they have waited long enough and that their input is critical.
Vice-Chairman Potter stated that he would like to hear the development regulations regarding Tract
IB before he opens the Public Hearing. He asked Mr. Jerke to nm through the regulations quickly
before he opens Public Hearing.
Mr. Jerke reviewed their submittal regarding building heights, setbacks, bufferyards, open space, and
their traffic study.
Due to Case Limitation Resolution No. 95-24, Mr. Yetts asked that Tract II and Tract III be opened
at this time so that public comment can be heard tonight.
Vice-Chairman Potter asked Ms. Gandy if that would be allowed. Ms. Gandy stated that as long as
the Commission sets aside further discussion and action on the current case before opening up a new
case, it would be allowed.
Commissioner Creighton stated that she does not want to take a vote on these items at 3:00 a.m. She
is not opposed to the above suggestion, but she does not want to deliberate that late. Commissioner
Edmondson agreed with her.
Vice-Chairman Potter suggested that the Commission deliberate until 12:00 a.m., and the
Commission agreed.
Vice-Chairman Potter opened the public hearing.
Steve Neuse, 1679 N. Sunshine Lane, Southlake, Texas, suggested making all areas in ail three (3)
tracts which are adjacent to residential allowed by S.U.P. only. He is not as concerned about the
tracts next to State Highway 114. He does not believe in "blanket variances" such as what the
applicant is asking for regarding the building heights.
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 15 of 21
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Bob Bledsoe, 1600 Sunshine Lane, Southlake, Texas, suggested limiting "0-2" building heights in
Tract IB to two (2) stories which are adjacent to residential.
Marvin Williams, 1525 N. Carroll, Southlake, Texas, discussed the environmental issues primarily
regarding the drainage issues. He stated that without a "building footprint", there is no way of
knowing how the drainage will be dealt with or if it can be dealt with. He stated that the reason this
property is currently pasture land is because it is in the flood plain.
Gunnar Ragnarsson, 1080 Primrose, Southlake, Texas, stated his growing suspicion regarding the
number of times this case has been tabled. He was wondering if the applicant is trying to lose some
of the public following by doing so. He also asked the Commission to greatly restrict development
adjacent to residential areas.
Robert,lones, 1065 Brittany Court, Southlake, Texas, represented the residents of Brittany Court.
He read a petition which asked that the building heights be limited to two (2) stories adjacent to
residential properties.
Jere Francis, 1211 Ashmoore Court, Southlake, Texas, stated that he is not convinced that this
project is for the good of the City of Southlake. He urged the Commission to deny the rezoning of
these properties. He stated that Southlake will soon look like Hurst and Irving. He is very
concerned about the traffic issues.
Chris McGuire, 2089 N. Carroll Avenue, Southlake, Texas, stated that all the applicant is doing is
"land speculation". Timarron does not plan to development the property. The City of Southlake
does not know who will purchase the land and develop it. He is concerned about the roads to and
from the surrounding schools. He is also concerned about the number of times this item has been
tabled and the reasoning behind that.
Terry Mullaney, 1515 N. CarrollAvenue, Southlak,, Texas, stated that he is directly across the street
from Tract II. He invited the applicant to his home and never got a response from him. He stated
that he agrees that they have a right to develop their land, but only to the extent that the zoning
allows. Mr. Mullaney stated, "They (Timarron) may own the Lexus, but the City has the keys to the
car!"
Dennis Mender, 223 EastwoodDrive, Southlake, Texas, asked the Commission to please stay with
the 35' building height requirement. He stated that there needs to be a "building footprint" in order
to see where the water is going to drain. He is extremely worried about the drainage on the huge
tracts of land.
Frances Ragnarsson, 1080 Primrose, Southlake, Texas, stated her concern about the drainage and
water problems on these tracts of land.
SidLorio, 1212 Ashmoore Court, Southlake, Texas, would like to see "C-2" removed from Tract IB
and "0-2" removed from Tract IA and Tract IB. He does not want to see a bunch of six-story
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buildings up and down State Highway 114. The closest six-story build'mg is Baylor Medical in
Grapevine. He cannot imagine buildings such as Baylor all over these tracts of land. He did not
move out to Southlake for that.
Vice-Chairman Potter stated that he will leave the Public Hearing open on Agenda Item #16, ZA96-
130, Rezoning and Concept Plan for Timarron Commercial, Tract I. He will set that case aside for
the time being and open the Public Hearing on Agenda Item #17.
(Planning and Zoning Commission Meeting, 01-09-97, tape 2, section #285)
AGENDA ITEM #17. ZA 96-131. REZONING AND CONCEPT PLAN FOR TIMARRON
COMMERCIAL. TRACT II:
Vice-Chairman Potter opened the public hearing.
Marvin Williams, 1525 N. Carroll, Southlake, Texas, stated his concern about the traffic situation
in Southlake. He is very concerned about 24-hour operations. He has safety concerns associated
with those 24-hour operations.
Chris McGuire, 2089 N.. Carroll Avenue, Southlake, Texas, is concerned about "B-2" zoning districts
and especially bus stations primarily due to their proximity to schools. He does not want any bars
allowed on any of the tracts. He is not opposed to drinks with meals at restaurants. He said that with
their application being so vague, the Commission should strike as much as possible.
Sue Mullaney, 1515 N.. Carroll Avenue, Southlake, Texas, thanked Commissioner Creighton for
raising the issue of children's safety. She stated that the applicant is not entitled to rezoning simply
to sale his land. She believes that developers should be allowed rezoning to develop their land.
Jerry Lawrence, 1901 E. Highland, Southlake, Texas, stated that the traffic on Carroll Avenue is
fmally under control. He said that there are too many schools and churches on Carroll Avenue to
dump rush hour traffic onto it. He read a portion of an article regarding Grapevine Mills mall in
Grapevine winch stated that there are many hidden "City" costs related to such developments. He
is primarily concerned about the costs related to security regarding this development.
SidLorio, 1212 Ashmoore Court, Southlake, Texas, asked the Commission to deny access on Carroll
Avenue for Tract II. He also asked for the Commission to raise the berm requirements. Mr. Lorio
asked the Commission to exclude "0-2" zoning district due to the 90' building height.
City Engineer Ron Harper stated that he believes that if the applicant has frontage on a road, then
they do have legal access to that road. He believes the "type" of access can be limited, but he does
not believe access can be denied altogether.
Maria Looney, 290J Tumbleweed, Grapevine, Texas, stated that although she is not within the City
of Southiake, she is within Carroll I.S.D. She stated that traffic is already bad, and she cannot
imagine dumping more traffic onto these roads. She is a real estate broker who, up until now, highly
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recommends Southlake. She does not know if she can continue recommending Southlake if
development continues at this rate. She is very concerned about property values.
Dennis Mender, 223 EastwoodDrive, Southlake, Texas, stated that Carroll Avenue is a residential
road. It is not meant to handle this kind of traffic. He stated that Southlake does not need this kind
of help. Southlake is doing fine on its own. He stated that Wal-Mart and Kroger have not
maintained their property successfully, and we should learn from our mistakes.
Gunnar Ragnarsson, 1080 Primrose, Southlake, Texas, stated that if the applicant cannot have
restricted access to Carroll Avenue, then he is asking the Commission to deny rezoning. Carroll
Avenue is a residential street which carries traffic to and from the schools. It is not meant for this
kind of high-level traffic.
Vice-Chairman Potter stated that he will leave the Public Hearing open on Agenda Item #17, ZA96-
131, Rezoning and Concept Plan for Timarron Commemial, Tract II. He will set that case aside for
the time being and open the Public Hearing on Agenda Item #18.
(Planning and Zoning Commission Meeting, 01-09-97, tape 2, section #961)
AGENDA ITEM #18. ZA 96-132. REZON1NG AND CONCEPT PLAN FOR TIMARRON
COMMERCIAL. TRACT III:
Vice-Chairman Potter opened the public hearing.
Terry Mullaney, 1515N. CarrollAvenue, Southlake, Texas, stated his concern about the large tract
of land in the flood plain. He is very concerned about the water on these properties.
Chris McGuire, 2089 ~ Carroll Avenue, Southlake, Texas, stated that he was under the impression
that "B-2" zoning district was removed from Tract II in the last work session.
Bob Bledsoe, 1600 Sunshine Lane, Southlake, Texas, hopes that the Commission has been listening
to the people of Southlake tonight. The Commission is the only "go between" the citizens and the
developers. The citizens of Southlake do not want this development to occur.
Dale Crane, 1469 Sunshine Lane, Southlake, Texas, stated that he thinks Timarron will do a good
job with this development. He likes the corporate campus type setting. He asked for there not to
be an access to Highland. He asked that the building heights in Tract Ilia and Tract IIID be limited
to two (2) stories. He would also like to see residential on the north side of Tract III to help buffer
the existing residential. He would like the Commission to avoid night time uses as much as possible.
Jeanne Cook 1981 E. Highland, Southlake, Texas, stated her concern about the spillover lighting
from Tract IIIC.
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Sue Mullaney, 1515 N. Carroll Avenue, Southlake, Texas, stated her concem about the building
heights. She understood in the last work session that the developer was going to revisit the building
height issue, but she does not see any changes.
Carla Hemyari, 550 Cherry Lane, Southlake, Texas, stated her concern about the traffic. She is also
very concerned about the height of the buildings, especially in Tract IIIB.
DavidEdelen, 1203 Ashmoore Court, Southlake, Texas, asked the Commission to S.U.P. Item #17-
Private/Public Schools. Mr. Elam also asked that Item #20 be more specific. After discussion, the
Commission agreed to change the word "structure" to "building to which located".
Harold Knight, 1749 E. Highland, Southlake, Texas, asked the Commission to consider placing an
S.U.P. on Item #10-Christmas tree sales and Item #18-dog and cat hospitals, in the "C-2" zoning
district. Mr. Knight also asked the Commission to place an S.U.P. on Item #6-builder's supply,
stores, or outlets, and Item #17-rental equipment stores, in the "B-2" zoning district. Even though
his property is zoned "AG", he would like is property to be treated as residential since he lives there.
He asked that the building height to be limited to two (2) story adjacent to residential. He is glad
to see this rezoning finally occurring, although he would like to see the uses pinned down more.
Jim Gardner, 1213 Ashmoore Court, Southlake, Texas, asked the Commission to raise the height of
the berms especially on Carroll Avenue. He would like the Commission to realize that most
corporate campus settings are 24 hour facilities.
BoydHerndon, 1201 Ashmoore Court, Southlake, Texas, has noticed that the boundary line between
Tract IIIA and Tract IIIC has moved considerably. He would like to see it moved back to its' prior
location.
Debbie Guthrie, 2412 Emerald Circle, Southlake, Texas, would like to see "O-2" zoning districts
eliminated from all three (3) tracts. She has a big concern about future S.U.P. applications which
are located in the center of the large tract and the surrounding property owners being outside the 200'
notification area. She would like to see something done about that.
Kenneth Horne, 12 ~ 5 Ashmoore Court, Southlake, Texas, would like to see gas stations eliminated
from the zoning districts. He stated that Southlake has enough gas stations.
Dennis Mender, 223 Eastwood Drive, Southlake, Texas, is concerned about how the Commission
plans to address the residential properties surrounding the tracts and how to buffer them from these
areas. He feels that the commercial areas should be "tapered down" to the residential areas.
Cari Rodgers, 600 N. Kimball Avenue, Southlake, Texas, is concemed about track traffic on Kimball
Avenue. He does not believe the tracks will use State Highway 114; he believes the tracks will use
Kimball Avenue and Carroll Avenue.
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Mark Womble, 1215 Stanhope Court, Southlake, Texas, stated that Highland is beautiful, and he
hopes to leave it that way. He is a strong believer in Timarron but does not want to see this rezoning
occur. He does not believe it will benefit the City in any way.
Jerry Lawrence, 1901 E. Highland, Southlake, Texas, asked the Commission to find a larger location
for the next meeting on Timarron. He stated that one of the local elementary schools can
accommodate this crowd.
Sid Lorio, 1212 Ashmoore Court, Southlake, Texas, stated that the boundary line between Bubble
A and Bubble C has been moved since the last meeting. He is extremely concerned about the
drainage of this property. Mr. Lorio stated that having a 10' berm in Bubble A is redr important to
him and his neighborhood.
Chris McGuire, 2089 N. Carroll Avenue, Southlake, Texas, asked the Commission to keep track of
the changes to the submittal and give copies to the public. He asked if there is a mechanism to track
the changes.
Butch Stosberg, 1204 Blythe Lane, Southlake, Texas, asked if the applicant has the ability to keep
changing his application once he has originally submitted. He asked if they have to reapply each
time they make a change. He stated that if the applicant has the ability to keep making changes, it
makes it hard for the public to keep track of what is going on.
Since the Commission agreed to stop deliberating at midnight, Vice-Chairman Potter asked if there
is another night other than Thursdays to table these items to. Mr. Yetts stated that January 28, 1997
is acceptable, but he is not available on January 30, 1997. After discussion, Mr. Yetts stated that he
would rearrange his schedule to be available on January 30, 1997.
It was decided that these three (3) items will be tabled to the January 23, 1997, Regular Planning and
Zoning Commission Meeting, and then the intent will be to continue these items until January 30,
1997.
Vice-Chairman Potter asked City Staffto address the following issues before the next meeting: I.)
access to Carroll Avenue and Kimball Avenue; and 2.) property owner notification for S.U.P. and
Site Plans.
Motion was made to table ZA96-130, ZA96-131, and ZA96-132 and to continue the Public Hearing
to the January 23, 1997, Regular Planning and Zoning Commission Meeting.
Motion: Tate
Second: Creighton
Ayes: Schroetke, Tate, Potter, Edmondson, Creighton
Nays: None
Abstain: Wright
Approved: 5-0-1
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Motion carried.
(Planning and Zoning Commission Meeting, 01-09-97, tape 2, section #3775)
AGENDA ITEM #19. MEETING ADJOURNMENT:
Motion was made to approve the adjournment of the meeting at 12:20 a.m. on January 17, 1997.
Motion: Tate
Second: Edmondson
Ayes: Schroetke, Tate, Potter, Edmondson, Creighton
Nays: None
Abstain: Wright
Approved: 5-0-1
Motion carried.
(Planning and Zoning Commission Meeting, 01-09-97, tape 2, section #3795)
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ATTEST:
Lori A. Farwell
Community Development Secretary
Joe Wright
Chairman
Planning and Zoning Commission Meeting Minutes on January 9, 1997 Page 21 of 21