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1997-02-06 P&Z Meeting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 REGULAR PLANNING AND ZONING COMMISSION MEETING February 6, 1997 COMMISSION PRESENT: Chairman Joe Wright, Vice-Chairman Rex Potter; Members: Ann Creighton, Debra Edmondson, James Murphy, Dona Schroetke, and Lanny Tate COMMISSION ABSENT: None CITY STAFF PRESENT: StaffEngineer Angela Turner, Planner Dennis Killough, Planner Chris Carpenter, and Community Development Secretary Loft Farwell The meeting was called to order by Chairman Wright at 7:10 p.m. AGENDA ITEM #2. APPROVAL OF MINUTES: Chairman Wright opened discussion of the minutes of the January 23, 1997, Regular Planning and Zoning Commission Meeting. Motion was made to approve the minutes of the January 23, 1997, Regular Planning and Zoning Commission Meeting. Motion: Potter Second: Tate Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 1, section #21) AGENDA ITEM #3. ADMINISTRATIVE COMMENTS: There were no administrative comments from City staff. AGENDA ITEM g4. ZA 96-163. REZONING AND CONCEPT PLAN FOR THE KIMBALL R AD UB TATI N: Planner Chris Carpenter informed the Commission that this request is for the Rezoning and Concept Plan of approximately 2.456 acres and a portion of Tract 3B situated in the Thomas Mahan Survey, Abstract No. 1049. The property is located on the west side of Kimball Road and approximately 1,400' north of the intersection of State Highway 114 and Kimball Road. The current zoning is "AG" Agricultural District. The requested zoning is "CS" Community Service District. The Land Use Category is Mixed Use (may include office buildings, hotels, and commercial and retail centers that serve local and regional needs). The owner is TU Electric. The applicant is Espey, Huston & Associates, Inc. Eight (8) written notices were sent to property owners within Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 1 of 23 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .2.2 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 the 200' notification area, and one (1) response was received which was opposed. Three (3) responses were received outside the notification area which were all opposed. Sonny Rhodes, TU Electric Manager, introduced the following TU Electric employees to the Commission: Bob Deen, Senior Engineer; Lonnie Frazier, Senior Substation Specialist; and Ibrahim Hussein, Senior Engineer. He also introduced Keith Jackson, a consultant with Espey, Huston & Associates, Inc., who will make the remainder of the presentation to the Commission. Mr. Rhodes stated that approximately three (3) years ago, TU Electric began noticing the tremendous growth in the Southlake area and began to see the needs for the future. Chairman Wright stated that Agenda Item #11 will be tabled at the applicant's request to March 6, 1997, and Agenda Items #12, 13, and 14 will be tabled at the applicant's request to February 20, 1997. He also stated that Agenda Items #15, 16, and 17 will be continued to February 13, 1997. Keith Jackson, Espey, Huston & Associates, Inc., 13800 Montfort Drive, Suite 230, Dallas, Texas, presented this item to the Commission. He stated that since this property is located under an existing transmission line, there is no need for construction of any more transmission lines in the City to serve this site. Mr. Jackson asked for a variance to the bnfferyard requirements listed in Staff Comment #4 because trees, substations, and power lines are incompatible. He also asked for a variance to the driveway requirements listed Staff Comment #5. Mr. Jackson stated that they do not need any parking spaces as required in Staff Comment #6. He said that a very limited amount of traffic will come to this site, and when repairs are necessary, the tracks will be inside the fenced area. They do not want to encourage people to enter this driveway, and providing parking spaces would make it more accessible. Mr. Jackson asked for a variance to Staff Comment #7; he said that a concrete surface would be unsafe due to the conductivity of steel reinforcing needed to support the weight of the trucks. Mr. Jackson stated that TU Electric may eventually want to place ground storage along the west portion of the property, but in order to do that, they would be required to return with a revised site plan. Commissioner Murphy asked when TU Electric would like to see this substation up and running. Mr. Jackson stated that they would like to have it operating at the beginning of summer. Commissioner Schroetke asked Mr. Jackson the difference in grade from the residential property to the west and TU Electric's property. Mr. Jackson stated that TU Electric's property slopes downward approximately 5'. Commissioner Schroetke asked if they could place a line of trees along the west property line to buffer the adjacent residential. Mr. Jackson stated that they would want to place the trees outside their 8' brick fence, but the residential properties also have a wood fence, so the trees would be in the middle to two (2) fences in a space about 5' wide. He said they would have to place irrigation between the two (2) fences, and he is not even sure trees would grow in those conditions. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 2 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Chairman Wright opened the public hearing. Kenneth Horne, 1215 Ashmoore Court, Southlake, Texas, questioned the applicant's request for bufferyard variances and the driveway variances. He asked how far this property is located from Harold Knight's property upon which he said a school is proposed to be built around the year 2000. He was concerned about the safety issues with the transmission lines being so close to the schools. He would like to see this substation built on Highway 26 instead of in a residential area. He is worried that his property value will decrease. He questioned if Tri-County Electric could give the City of Southlake a better deal than TU Electric. Ken Smith stated that he owns one (1) of the properties on Cherry Court, which is located behind and adjacent to TU Electric's property. He does not think the addition of this new substation will look any worse than the existing towers. Marla Looney, 2901 Tumbleweed Trail, Grapevine, Texas, was very concerned about this substation going in so close to her home. She said that this is a prime location in Southlake, and this substation should not be placed there. She thinks it should be placed on Highway 26. If there is going to be a school built on Harold Knight's property, then she feels this is too close due electromagnetic fields (EMFs). Sue Mullaney, 1515 ~ Carroll Ave., Southlake, Texas, does not think this is an acceptable location for this substation. She would like TU Electric to explore other alternatives such as Highway 26. Mr. Jackson stated that there is not an altemative site in the City of Southlake. They have looked at a total of sixteen (16) sites, but he is not aware of a location on Highway 26. He said in order for TU Electric to go to other locations in the City, the construction of additional transmission facilities would be required. Mr. Horne said that representatives of TU Electric told him that this substation could possibly be located on Highway 26. Chairman Wright closed the public hearing. Commissioner Edmondson asked whom this site will be serving. Mr. Rhodes stated that it will primarily be serving Southlake customers, but it will include some Grapevine customers, too. Commissioner Edmondson asked what the official position is regarding EMFs. Mr. Rhodes stated that the National Science Foundation has recently concluded that there was too much money being spent on research into this topic because of it's insignificance. Commissioner Edmondson asked how much the addition of the substation will increase the EMFs that are already in this area. Mr. Rhodes stated that amount of change is negligible. Mr. Rhodes estimated an approximate 1% increase with the first phase. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 3 of 23 ~---1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Edmondson asked what percentage of Southlake TU Electric currently serves. Mr. Rhodes stated that they serve approximately 50% of Southlake. Chairman Wright asked Mr. Jackson what material he intends to use for the driveway. Mr. Jackson said the driveway will be concrete. Commissioner Murphy stated that he would like to see landscaping along Kimball Avenue at the driveway and along the remainder of the east property line. Mr. Jackson agreed to provide landscaping along Kimball Avenue at the driveway and along the remainder of the east property line. Chairman Wright asked what the cost of this site will be, and Mr. Rhodes said it will be approximately $2 million. Vice-Chairman Potter said he would like to see landscaping up and down both sides of the driveway, too. Commissioner Edmondson agreed with Vice-Chairman Potter by saying she would like to see landscaping along both sides of the driveway. She would like to see landscaping on all the property facing Kimball Avenue. Vice-Chairman Potter stated that he would like to see a Type 'C' Bufferyard of the length of the driveway on both sides being used to determine the number of plantings, instead of the frontage on Kimball Avenue. The Commission agreed to this suggestion, as did Mr. Jackson. Motion was made approve ZA96-163 subject to Concept Plan Review Summary No. 1, dated January 3, 1997, deleting Items #5B, 6, and 7; and amending Item #4 bufferyard requirements to a Type 'C' Bufferyard along the driveway using the length of the driveway on both sides as the measure for the density of the plantings and also requiring a 10' Type 'E' Bufferyard as stipulated on the east property line and deleting the remaining bufferyards. Motion: Murphy Second: Potter Ayes: Schroetke, Tate, Wright, Potter, Murphy Nays: Edmondson, Creighton Approved: 5-2 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 1, section #2288) AGENDA ITEM #5. ZA96-164. PRELIMINARY PLAT: Planner Chris Carpenter informed the Commission that this request is for a Preliminary Plat for Rodgers Addition, being approximately 16.846 acres and a portion of Tract 3B situated in the Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 4 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Thomas Mahan Survey, Abstract No. 1049. The plat proposes two lots. The property is located on the west side of Kimball Road and approximately 1,400' north of the intersection of State Highway 114 and Kimball Road. The current zoning is "AG" Agricultural District. The Land Use Category is Mixed Use (may include office buildings, hotels, and commercial and retail centers that serve local and regional needs). The owners are TU Electric (Lot 1) and Loyd Edward Rodgers (Lot 2). The applicant is Espey, Huston & Associates, Inc. Eight (8) written notices were sent to property owners within the 200' notification area, and no responses were received. Keith Jackson, Espey, Huston & Associates, Inc., 13800 Montfort Drive, Suite 230, Dallas, Texas, presented this item to the Commission. Mr. Jackson stated that he has no problems with any of the Staff Comments because most are simply clean-up items. Chairman Wright opened the public heating. No one in the audience stepped forward to speak. Chairman Wright closed the public heating. Motion was made to approve ZA96-164, subject to Plat Review Summary No. 1, dated January 17, 1997. Motion: Murphy Second: Potter Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 1, section #2455) AGENDA ITEM #6. ZA 96-159. REZONING: Planner Chris Carpenter informed the Commission that this request is for the Rezoning of approximately 43.696 acres situated in the Thomas Easter Survey, Abstract No. 474, and being Tracts 5, 5A, llA, and llB. The property is located on the east side of Crooked Lane and approximately 560' south of the intersection East Southlake Boulevard (F.M. 1709) and Crooked Lane. The current zoning is "AG" Agricultural District. The requested zoning is "I-1" Light Industrial District. The Land Use Categories are Low Density Residential (may include limited low intensity office and/or retail uses) and Industrial (may include the manufacturing, processing, packaging, assembly, storage, warehousing and/or distribution of products). Because this property is located within the 75 LDN noise level contour of DFW International Airport, Residential development is not allowed. The owner and applicant is Ken Smith. Fifteen (15) written notices were sent to property owners within the 200' notification area, and four (4) responses were received which were opposed and one (1) response was received which was undecided. Two (2) responses outside the 200' notification area were received and one (1) was in favor and one (1) was opposed. Ken Smith, 2368 Crooked Lane, Southlake, Texas, presented this item to the Commission. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page $ of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Vice-Chairman Potter stated that he does not like Tracts 5 and llA being straight "I-1" zoning because of the residential adjacency; he would feel more comfortable if it was a more controlled zoning such as an "S-P-2" zoning. Chairman Wright stated that he agrees with Vice-Chairman Potter's intent except he would not use the tract numbers as a guideline; he would instead like to make the property directly adjacent to residential a "B-I" or an "S-P-2" zoning, but not necessarily the entire tract. Commissioner Schroetke stated that she is mostly concerned about the residential properties on Whispering Woods Circle. Commissioner Edmondson stated that she is concerned about the properties all along Crooked Lane; there is something to be said for the "feel" of a residential neighborhood. Vice-Chairman Potter stated his concern about access to Crooked Lane, and Commissioner Schroetke agreed. She would like to restrict track access to Crooked Lane. Commissioner Edmondson agreed by saying she would not support truck access to Crooked Lane at all. Commissioner Schroetke stated that she would like to have a 50' bufferyard between this property and residential and a 100' building setback. Commissioner Murphy said that he would like to hear comments from the surrounding property owners to get a feel for if the Commission is headed in the right direction. Chairman Wright opened the public hearing. Bob Struempler, 700 Whispering Woods Circle, Southlake, Texas, said that he opposes the western portion of this plan because he would like to be assured of a considerable bufferyard and building setback to protect his property. He is opposed to twenty-four (24) hour uses next to his house. He is worried about high-intensity uses and high noise levels associated with particular uses. He was also concerned about the building heights next to his house. Lowell Morrison, 710 Whispering Woods Circle, Southlake, Texas, said that he opposes track access to Crooked Lane. He asked the Commission to please take special consideration for the residential properties to the west. He said that he is not really opposed to this request, he just hopes the Commission follows through with protecting the residential properties. Emily Johnson, 820 Whispering Woods Circle, Southlake, Texas, stated her opposition to this request. She said that Mr. Smith is moving after he gets the rezoning approved, but he expects the surrounding property owners to live next to it. She was worried about her property value decreasing once this rezoning is approved. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 6 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 Pam Morrison, 710 Whispering Woods Circle, Southlake, Texas, would like to see specifically what would be adjacent to her house. She agrees with the 100' building setback requirement next to residential. Chairman Wright stated that most of the Commission agrees with straight "I-l" zoning on approximately the eastern two-thirds (2/3) of his property, but on the western one-third (1/3), they would like to see "S-P-2" zoning which would require a concept plan or a site plan. He continued to say that within the "S-P-2" zoning district, the Commission can restrict particular uses. Commissioner Creighton asked Mr. Smith to lean more towards "B-l" uses than "I-1" uses. She prefers not to expand the "I-1" uses in the City. Commissioner Edmondson agreed with Commissioner Creighton saying that "B-1" uses are more attractive than "I-l" uses, although she has no objection to '2-1" uses next to Commerce Business Park. Vice-Chairman Potter stated that he would like to see the entire property as "S-P-2" zoning and then specify uses according to adjacency. He stated that although the Commission cannot completely restrict access to Crooked Lane, the applicant can restrict himself. Chairman Wright suggested that the applicant table this item and reconsider the issues discussed tonight. Planner Chris Carpenter stated that applicant can stay with straight "I-1" zoning or restricted "I-1" zoning, but he cannot include "B-I" uses; he would have to withdraw this item and resubmit. Commissioner Schroetke asked the applicant to meet with the adjacent property owners on Whispering Woods Circle and find out what uses are objectionable to them and discuss the issues which most concern them. Chairman Wright stated that Mr. Smith can reduce his request by eliminat'lng the western portion from this application for the time being and staying with the "I-1" request just on the eastern portion. He said that Mr. Smith would have to submit a new metes and bounds description, though. Mr. Smith agreed to meet with the adjacent property owners and rethink the issues discussed tonight. He asked that this item be tabled until March 6, 1997. Motion was made at the applicant's request to table ZA96-159, and to continue the Public Hearing, to the March 6, 1997, Regular Planning and Zoning Commission Meeting. Motion: Second: Ayes: Nays: Murphy Edmondson Scbxoetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton None Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 7 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Approved: 7-0 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 1, section #5640) Chairman Wright called for a recess at 9:45 p.m. Chairman Wright called the meeting back to order at 9:58 p.m. AGENDA ITEM #7. ZA 96-160. REZONING: Planner Chris Carpenter informed the Commission that this request is for the Rezoning of Lot 4, Aubrey Estates, as recorded in Volume 388-142, Page 41, P.R.T.C.T. and being approximately 6.854 acres. The property is located on the east side of South White Chapel Boulevard and approximately 1,300' south of the intersection of Pine Drive and South White Chapel Boulevard. 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 Aubrey L. Smith and Rosa Lee Smith. The applicant is Interwoven Design. Eleven (11) written notices were sent to property owners within the 200' notification area, and two (2) responses were received which were in favor. The applicants were present and had no comments. Chairman Wright opened the public hearing. No one in the audience stepped forward to speak. Chairman Wright closed the public heating. Motion was made to approve ZA96-160. Motion: Murphy Second: Creighton Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Mmphy, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 1, section #5802) AGENDA ITEM #8. ZA96-165. PLAT REVISION: Planner Chris Carpenter informed the Commission that this request is for a Plat Revision for the proposed Lots 4R1 and 4R2, Aubrey Estates, as recorded in Volume 388-142, Page 41, P.R.T.C.T., and being approximately 6.8541 acres. The property is located on the east side of South White Chapel Boulevard and approximately 1,300' south of the intersection of Pine Drive and South White Chapel Boulevard. The Land Use Category is Low Density Residential (limited low intensity office and/or retail uses may be permitted). The current zoning is "AG" Agricultural District. The owners are Aubrey and Rosa Lee Smith. The applicant is Interwoven Design. Twelve (12) written notices were sent to property owners within the 200' notification area, and no responses were received. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 8 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 The applicants were present and had no comments. 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 ZA96-165, subject to Plat Review Summary No. 1, dated January 17, 1997. Motion: Potter Second: Edmondson Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 1, section #5947) AGENDA ITEM #9. ZA 96-162. CONCEPT PLAN OF TELESUPPORT EAST CAMPUS: Planner Chris Carpenter informed the Commission that this request is for a Concept Plan of Telesupport East Campus, being legally described as Lot 25R1, Block 1, Woodland Heights Addition, as recorded in Cabinet A, Slide 1681, P.R.T.C.T. and being approximately 2.070 acres. The property is located at 1901 E. Southlake Boulevard and on the southeast comer of Westwood Drive and Southlake Boulevard (F.M. 1709). The current zoning is "C-I" Neighborhood Commercial District. The Land Use Category is Mixed Use (may include residential and office buildings, hotels, and commercial and retail centers that serve lqcal and regional needs). The Corridor Recommendation is Office Commercial (same as in CS, O-1, 0-2, B-l, HC, MF-1, & MF-2 districts). The owner is Roy C. Lee. The applicant is G. Phillip Morley. Seven (7) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was in favor. One (1) response outside the 200' notification area was received which was also in favor. Phil Morley, Morley Architects, Inc., 920 S. Main Street, Grapevine, Texas, presented this item to the Commission. Commissioner Edmondson asked Mr. Morley how many parking spaces there are on this plan. Mr. Morley said there are ninety-five (95) spaces. Commissioner Edmondson said that is about twenty (20) spaces too many, and she would like that to be corrected. She is extremely concerned about impervious coverage on this site. Commissioner Schroetke stated that the intersection of Westwood Drive and Southlake Boulevard is extremely dangerous and asked Mr. Morley why he did not provide a common access easement to the eastern property in order to access the traffic signal. Mr. Morley stated that he did not think the property owner to the east was particularly receptive to a common access easement. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 9 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Schroetke stated that she cannot understand directing more people (from this office building) to the intersection at Westwood Drive because it is already a dangerous situation. Commissioner Edmondson stated she cannot understand why the office personnel on this site would not have access to the light on Southlake Boulevard. She agreed with Commissioner Schroetke in saying that this intersection is extremely dangerous. Jim Munday, Chief Financial Officer with Telesupport, stated that they have tried to work with the property owner to the east regarding access to the traffic signal, and he has not been receptive to their suggestions. He thinks Woodland Heights' residents would use his parking lot as a cut-through to access the light, and it would become an even more dangerous situation for his office personnel. Chairman Wright asked the applicant if he wants to have access to the light. Mr. Munday said that without Mr. Ritz's blessing he does not know how they would go about doing that. Commissioner Murphy said that this has been an issue from the very beginning, and that the applicant should have known this would be an issue tonight. Chairman Wright opened the public hearing. Patty Minder, 223 Eastwood Drive, $outhlake, Texas, stated that Telesupport did not contact her neighborhood at all. She would appreciate speaking to them about her concerns. She would like the front of the building to face Westwood Drive. She said the traffic congestion is already horrible on Westwood Drive. She said she wants to work with Telesupport; they have been a good neighbor. Dennis Minder, 223 Eastwood Drive, Southlake, Texas, was concemed about this property having a Southlake Boulevard address; that would mean the dumpster would be on the south side which would be highly visible for people coming and going to Woodland Heights. He said that Mr. Ritz does not have exclusive rights to the traffic signal. He said the City can obtain that right-of-way and make it a public street. Vice-Chairman Potter stated that he thinks the applicant could angle the building differently to where it looks like it fronts both Westwood Drive and Southlake Boulevard. Mr. Munday stated that the topography may not allow them to angle the building differently. Chairman Wright asked the applicant to meet with the SP1N group and review their concerns. Mr. Munday asked that this item be tabled until March 6, 1997, to allow them to review the items discussed tonight. Motion was made at the applicant's request to table ZA96-162, and to continue the Public Hearing, to the March 6, 1997, Regular Planning and Zoning Commission Meeting. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 10 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Motion: Potter Second: Murphy Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 2, section #707) AGENDA ITEM #10. ZA96-167. SITE PLAN: Planner Chris Carpenter informed the Commission that this request is for a Site Plan of Lot 1, Block 1, 1709 Southlake Oaks Addition, being approximately 2.2957 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 3C. The property is located on the northeast comer of the intersection of Shady Oaks Drive and East Southlake Boulevard (F.M. 1709). The current zoning is "C-2" Local Retail Commercial District. The Land Use Category is Medium Density Residential (may include limited low intensity office and/or retail uses). The Corridor Recommendation is Retail Commercial (same as in CS, O-1, C-l, C-2, C-3, and B-1 Districts). The owner and applicant is 1709 Southlake Oaks, Ltd. Eight (8) written notices were sent to property owners within the 200' notification area, and no responses were received. Twenty-nine (29) responses outside the 200' notification area were received and all were opposed. Dick Skorburg, Skorburg Company, 8214 Westchester Drive, Suite 705, Dallas, Texas, presented this item to the Commission. He stated that the reason he revised this plan was to correct the split- face block on the rear of the building; they had already started construction when they noticed the architect did not spec the correct block and City staff advised him to revise his Site Plan. 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 ZA96-167. Motion: Murphy Second: Tate Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 2, section #940) AGENDA ITEM #11. ZA 97-001. FiNAL PLAT FOR RODGERS ADDITION. LOT 1: Motion was made to table ZA97-001, to the March 6, 1997, Regular Planning and Zoning Commission Meeting. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 11 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Motion: Potter Second: Murphy Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 2, section #979) AGENDA ITEM #12. ZA 97-002. REZON1NG AND SITE PLAN OF CARROLL I.S.D. NO. 2 ADDITION: AGENDA ITEM #13. ZA 97-003. PRELIMINARY PLAT FOR CARROLL I.S.D. NO. 2 ADDITION. AND: AGI~NDA ITEM #14. ZA 97-004. REZONING AND CONCEPT PLAN OF HARVARD SOUARE: Motion was made to table ZA97-002, ZA97-003, and ZA97-004, and continue the Public Hearing, to the February 20, 1997, Regular Planning and Zoning Commission Meeting. Motion: Potter Second: Murphy Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 2, section #999) Chairman Wright stated that Agenda Items #15, 16, and 17 will be continued on February 13, 1997. THE REMAINING ITEMS WERE HEARD THE EVENING OF FEBRUARY 13, 1997. COMMISSION PRESENT: Vice-Chairman Rex Potter; Members: Ann Creighton, Debra Edmondson, James Murphy, Dona Schroetke, and Lanny Tate COMMISSION ABSENT: Chairman Joe Wright CITY STAFF PRESENT: City Manager Curtis E. Hawk, City Attorney Debra Drayovitch, Community Development Director G-reg Last, Zoning Administrator Karen Gandy, City Engineer Ron Harper, Planner Dennis Killough, and Community Development Secretary Lori Farwell The meeting was called to order by Vice-Chairman Potter at 7:10 p.m. Due to a personal scheduling conflict, Vice-Chairman Potter stated that he needs to leave for about an hour and then return to resume chairmanship of the meeting. He stated that he will mm the meeting over to Commissioner Murphy while he is gone. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 12 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AGENDA ITEM #15. ZA 96-132. REZON1NG AND CONCEPT PLAN FOR TIMARRON COMMERCIAL. TRACT III: Dennis derke, Carter & Burgess, 3880 Hulen Street, Fort Worth, Texas, presented this item to the Commission. He stated they have removed the "0-2" uses from Tract IIIA due to concerns regarding residential adjacency. Mr. Jerke stated that they added "B-I" uses to Tract IIID in order to keep all tracts adjacent to residential consistent in their requested zoning. He stated they have completely removed "B-2" uses from Tract IIIB and Tract IIIC. In response to several comments about there being too much "C-3" in Southlake and because it lacks State Highway 114 adjacency, they have removed "C-3" from Tract IIIC. Mr. Jerke stated that they have widened the bufferyards to 50' in Tract IIIA and Tract IIID which are adjacent to residential uses. Mr. Jerke stated that they agree to restrict access to East Highland Street to one (1) full access location if Tract IIIA is developed as residential. He continued by saying that if Tract IIIA is developed as "B-l," "O-1," or "CS", they agree to restrict access to one (1) emergency "crash-gate" access only. Community Development Director Greg Last asked to clarify if "CS" uses should be listed in the additional notes on the Concept Plan for Tract III. Mr. Jerke stated that was an oversight, and it will be added to the notes. Commissioner Murphy stated that Sherry Berman would like to make a statement from the Parks and Recreation Board. Sherry Berman, 818 Parkdale Drive, Southlake, Texas, stated that the Parks and Recreation Board is currently revising the Park Ordinance and if the Commissioners have any input, she would appreciate them getting to her as soon as possible. She also stated that the Parks and Recreation Board is not usually in the development picture until the platting stage when a developer may dedicate park land, but she wants Timarron to know that the Board is ready to work with them any time Timarron is ready. Commissioner Schroetke stated that in keeping with Mr. Jerke's logic in removing "C-3" from Tract IIIC because it lacks State Highway 114 adjacency, she would like "C-1" and C-2" removed also. Commissioner Edmondson agreed with Commissioner Schroetke that "C-I" and "C-2" uses should be removed also. Commissioner Schroetke again stated that she does not think that "C-l," "C-2," or "C-3" are appropriate in Tract IIIC. She believes they should have State Highway 114 frontage. Commissioner Creighton asked Mr. Jerke to elaborate on the residential uses that might be located in Tract IIIA and Tract IIID. Mr. Jerke stated that he cannot elaborate at all until someone shows interest in those particular uses and presents Timarron with a plan. Adjacent to residential, Commissioner Schroetke stated that she would like to see the following building setbacks in place: 100' - one (1) story building; 200' - two (2) story building; and so on. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 13 of 23 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Schroetke also stated that in Tract IIIA in the 100' building setback, she does not want to see any parking, and she does not want any loading docks facing East Highland Street. Mr. Jerke stated they have committed to placing 3' - 8' berms which will block from view much of what Commissioner Schroetke is discussing. Mr. Jerke stated that none of the requested uses in Tract IIIA allow greater than 2 ½ stories. He stated they are responding to the Corridor Overlay Ordinance 4:1 slope line up to 2 ½ stories. Commissioner Schroetke asked at what distance a 2 ½ story building could be built in Tract IIIA. Mr. Jerke stated that by using the 4:1 slope, a building could be placed 110' back from the residential property line north of East Highland Street. Commissioner Murphy stated that he has heard that the property directly north and adjacent to Tract IIIC is being considered as a school site, and he is concerned about the adjacency to "HC" uses in Tract IIIC. Steve Yetts stated that they agree to restrict all "HC" uses to an S.U.P. which may alleviate some concerns. Commissioner Murphy opened the public hearing. Jerry Lawrence, 1901 E. Highland Street, Southlake, Texas, stated his concern about construction traffic on East Highland Street and asked that a restricted access, such as a "crash-gate," be used for construction traffic also. Mr. Lawrence asked the Commission to consider this case on the quality of their request and not on the assumption that "more commercial is better" regarding the tax base in Southlake. Mr. Yetts agreed to limit all access, including construction traffic, to East Highland Street to a restricted "crash-gate" access. Harold Knight, 1729 E. Highland Street, Southlake, Texas, stated that Carroll I.S.D. is looking at his property which is north of Tract IIIC as a possible school site. He stated his concern about a hotel being placed in the north section of Tract IIIC. Steve Cook, 1981 E. Highland Street, Southlake, Texas, stated his concern about the 35' bufferyard behind his house along the north property line of Tract IIID; he would like this bufferyard increased. Mr. Jerke stated that due to the drainage patterns of the land and the open space in which they are committing to, there cannot be any buildings built close to Mr. Cook's property anyway. Commissioner Edmondson asked Mr. Jerke to commit to not placing any parking or buildings in the flood plain as it is determined by the City's engineering study. Mr. Jerke committed to not placing buildings or parking in the flood plains. Vice-Chairman Potter resumed chairmanship of the meeting. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 14 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 ~2 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Harold Kruckenberg, 1730 Hunters Creek Southlake, Texas, asked if the recently installed sewer lines and the lift stations north of this property are of sufficient size to manage this development. City Engineer Ron Harper stated that the City accounted for future development when placing the new sewer lines. Mr. Harper stated that the lift stations are also of sufficient capacity to manage this new development and future residential development. Mr. Kruckenberg also stated his concem about all the commercial development being directed to the north side of Southlake. He feels that the residential areas are being land-locked. Butch Stosberg, 1204 Blythe Lane, Southlake, Texas, asked the Commission to increase the building setback on the north property line of Tract IliA for two (2) story buildings. He feels that the current setback is too close to the residential properties across the street. Jenny Cook 1981 E. Highland Street, Southlake, Texas, stated that she has heard that Timarron is planning to acquire the Hanna property and the large piece of property on the southwest comer of the intersection of Kimball Avenue and East Highland Street. Since her property is so close to both of these tracts, she is concerned that she will be completely surrounded by Timarron Commercial. She stated that if Timarron does purchase these properties, it would completely change this whole scenario. Mr. Yetts responded by saying that Timarron is not currently in the process of purchasing any property in Southlake, and this rumor is unfounded. Kenneth Horne, 1215 Ashmoore Court, Southlake, Texas, stated that he lives on the north side of East Highland Street directly across from Tract IIIA. He is extremely concerned about the 1 I0' building setback. He stated if two (2) story buildings are allowed to be built 110' back, it will essentially "wall" offthe neighborhood to the north. He stated that since there will be no access from the Timarron property to East Highland Street, he will be looking at the backs of buildings all along the north side. Jim Haltorn, 1700 N. Sunshine Lane, Southlake, Texas, stated that he would like to see a 200' building setback required on the north side of Tract IliA; he feels that 110' is too close to the existing residential properties. Vice-Chairman Potter closed the public hearing. Vice-Chairman Potter called for a recess at 8:15 p.m. Vice-Chairman Potter called the meeting back to order at 8:28 p.m. (Planning and Zoning Commission Meeting, 02-06-97, tape 1, section #2036) Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 15 of 23 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 Vice-Chairman Potter asked Mr. Jerke what was decided about freestanding taverns. Mr. Jerke said they would like to keep the ability to build a freestanding tavern but have agreed to limit it by S.U.P. only. Commissioner Edmondson asked that Timarron increase the bufferyard on the north side of Tract IIID next to the existing "SF-IA" zoned property, and Mr. Jerke stated that he feels that property is already buffered enough by their commitment to their open space plan. Mr. Last asked if the Commission is opposed to placing trails in the flood plain. Vice-Chairman Potter stated that he thinks there should be no impervious coverage, with the exception of trails, within the flood plain. The Commission agreed that there should be no impervious coverage, with the exception of trails, within the flood plain. Commissioner Edmondson stated that she has a problem with "B-l" uses in Tract IIIA having a 50' bufferyard. She would not be as worded if "B-1" uses were limited placement along the proposed road in Tract IIIA, but if"B-l" uses are placed along the north side of this tract, then she would like to see the bufferyard increased. Commissioner Schroetke stated that she has a problem with the size of building that could be placed right at the building setback line. She stated that it could be several small buildings, or it could be one (1) massive building which would "wall" offthe residents to the north. She would like to see something like she proposed before: 100' setback - one (1) story building; 200' setback - two (2) story building, and so on. Commissioner Murphy questioned if increasing the building setback to a 5:1 slope as opposed to a 4:1 slope would alleviate the "wall" affect along East Highland Street. Mr. Jerke asked if the Commission would agree to stay with the 4:1 slope line, but instead move the slope line from the residential property line to Timarron's property line which essentially moves it 70' south for a total of 180' from Timarron's property line. He stated that a 2 ½ story building could not be built any closer than 180' from their own property line. The Commission agreed to this proposal. The next issue discussed was the berm requirements, and the Commission agreed to require a minimum 3' berm and a maximum 8' berm with a average of 5' allowing for the undulation of the berm. They agreed the berms will be required in all locations where there is a 50' bufferyard. Commissioner Edmondson stated that she has a problem with allowing "HC" uses on Tract IIIC, but she does not have a problem with "HC" uses on Tract IIIB. Commissioner Tate stated that he does not foresee the main portion of a hotel being located on Tract IIIC, but he can see it overlapping from Tract IIIB into Tract IIIC, and he does not have a problem with that. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 16 of 23 ~---.1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Edmondson stated that she does not mind a hotel overlapping a little into Tract IIIC, but she does not want to see a hotel located on the back portion of the tract. Commissioner Schroetke agreed with Commissioner Edmondson. Mr. Jerke stated that a hotel is going to want to be located where the access is and where the visibility is, which is not near the back of Tract IIIC. He said that there is a large grove of trees along the north side of Tract IIIC which creates a natural barrier to the properties to the north which may be a school sometime in the future. He asked that the Commission leave the "HC" uses in Tract IIIC because it is still restricted by an S.U.P., and if the Commission does not like the location indicated by a future S.U.P. application, they can deny it at that time. Commissioner Edmondson stated that she would rather make the adjustments right now instead of waiting for the S.U.P. application now. If the tract to the north is developed as a school, she does not want a hotel overlooking the school. Commissioner Murphy asked if the Commission would agree to a distance limitation to the north for a hotel on Tract IIIC. The majority stated that they would agree to that type of limitation. Mr. Yetts stated that it appears that the edge of the vegetation on the north side of Tract IIIC extends approximately 400' into the tract, and he would be willing to commit to limiting hotels to 400~ south of the north property line and also going around the "elbow" of Tract IIIC. The Commission agreed to his suggestion. Commissioner Creighton stated that she would like to see "B-l," #11 - lithograph, engraving, printing and publishing, allowed by S.U.P. only. Commissioner Tate stated that he also wanted "C- 1," #5 - gasoline filling stations, and "C-2", #22 - filling stations or service stations, to be allowed by S.U.P. only. The Commission agreed to these changes. Commissioner Schroetke stated that she does not want to allow "C-1" and "C-2" uses on Tract IIIC at all. She feels that this tract is too far back into the site to demand these types of uses. Vice- Chairman Potter and Commissioner Tate disagreed with her by saying that these uses seem perfectly logical in Tract IIIC because they might possibly serve as ancillary uses to a hotel or a corporate campus, for instance. Vice-Chairman Potter asked the Commission how they feel about freestanding taverns located on Tract IIIB. He stated that currently they are allowed by S.U.P. only, and applicants are also required to apply for alcohol sales by S.U.P., too. He said the Commission could make it very difficult at the time of application if they did not want the tavern. Zoning Administrator Karen Gandy stated that S.U.P. zoning is discretionary. Commissioner Murphy asked City staffwhat constitutes a restaurant in "C-2" and what constitutes a tavern in "C-3." Ms. Gandy stated that a tavern deals mainly in alcohol. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 17 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Edmondson asked what distance a facility serving alcohol must be from schools, churches, and senior centers. Ms. Gandy stated that the Zoning Ordinance states that it must be at least 300' from a public school, a public church, and a public hospital. Vice-Chairman Potter asked the Commission how they want to handle the open space requirement and asked for their opinion on the changes made by Mr. Jerke. Mr. Last stated that the Commission needs to clarify whether Mr. Jerke intends to trade the landscape requirements on a per lot basis for the 15% open space requirement on a per tract basis. Mr. Yetts stated that they intend to add a percent of open space in addition to the Landscape Ordinance for every story of building height that they build. Mr. Last stated that he understands them to be saying that they are willing to comply with the Landscape Ordinance, but for every story from two (2) to four (4), they will add 1% of the lot area to the required landscaped area, and for every story from five (5) to six (6), they will add 2% of the lot area to the required landscaped area. Commissioner Edmondson asked Mr. Yetts if he would be agreeable to saving trees located around the ponds, and he stated that he would. Vice-Chairman Potter listed the agreed upon issues as follows: · There will be no impervious coverage in the flood plain with the exception of trails. · There will be a 50' bufferyard on the north property line of Tract IIID. · There will be a 4:1 slope from Timarron's property line versus the residential property line. · Any "HC" uses in Tract IIIC will be located at least 400' from the north property line. · Berms will be 3' to 8' with an average height of 5' within any 50' bufferyard. · "B-1" - #11 - lithograph, engraving, printing and publishing, will be allowed by S.U.P. only. · "C-l" - #5 - gasoline filling stations, will be allowed by S.U.P. only. · "C-2" - #22 - filling stations or service stations, will be allowed by S.U.P. only. · Any "HC" use will be allowed by S.U.P. only. · The applicant will comply with the Landscape Ordinance, and for every story from two (2) to four (4), they will add 1% of the lot area to the required landscaped area, and for every story from five (5) to six (6), they will add 2% of the lot area to the required landscaped area. · "CS" uses will be added to "B-i" and "0-1" uses in the additional notes for "crash-gate" access to Tract IIIA. Vice-Chairman Potter stated that the only issue not agreed upon by the Commission is Commissioner Schroetke's concern regarding "C-I" and "C-2" uses in Tract IIIC. Commissioner Edmondson asked if Commissioner Schroetke would be agreeable to a distance limitation for these uses. Commissioner Schroetke stated that Tract IIIC is more conducive to office uses than commercial uses. She stated that she will not support retail there at all. Commissioner Murphy stated that he is not opposed to those uses being allowed in Tract IIIC. He feels that the natural features of this tract will cause them to be clustered down towards Tract IIIB. Commissioner Edmondson said she does not want to see any more big boxes along State Highway 114. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 18 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Schroetke stated that she does not want "C-3" uses in Tract IIIB. Commissioner Edmondson asked if they could choose a percentage of "C-1," "C-2," and "C-3" and then anything over that percentage would require an S.U.P. Ms. Gandy stated that they have the ability to do that. After discussion, the Commission asked Mr. Yetts if 15% is an acceptable percentage. Mr. Jerke asked the Commission if a percentage was placed on the Southlake Town Center project. Vice-Chairman Potter stated that the Southlake Town Center land was already zoned "C-3." Mr. Jerke stated that the market will determine what percentage is appropriate, not a Planning and Zoning Commission. Mr. Yetts stated they have no way of knowing what percentage is correct at this time. Mr. Yetts stated that a large portion of this tract is already zoned "C-2." Commissioner Murphy stated that for sometime now, the Commission has been directing this type of development to the State Highway 114 corridor, and a large part of this land is already zoned "C- 2." He stated that he does not think it is appropriate to restrict this type of zoning from this area. Commissioner Creighton stated that unless the Commission feels comfortable with the entire tract being ail "C-l," "C-2," or "C-3," then she feels the Commission needs to restrict it somehow. Commissioner Creighton asked if Item #21 - duplicating service, printing, lithographing, mimeographing, multi-graphing and offset printing, in "C-2" could be allowed by S.U.P. only, and the Commission agreed with her. Vice-Chairman Potter called for a recess at 10:20 p.m. Vice-Chairman Potter called the meeting back to order at 10:28 p.m. (Planning and Zoning Commission Meeting, 02-06-97, tape 1, section #6793) Mr. Yetts stated that he agrees to limit "C-3" uses to 20% of the gross acreage in Tract IIIB. He also agrees to limit "C-l" and "C-2" uses in Tract IIIB and Tract IIIC to 50%. The Commission agreed with his suggestion. Mr. Yetts stated that do this goes against the grain ora "PUD," and he feels he is being forced to place all the tall buildings along State Highway 114. Motion was made to approve ZA96-132, as amended. Motion: Murphy Second: Tate Ayes: Tate, Potter, Edmondson, Murphy, Creighton Nays: Schroetke Approved: 5-1 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 2, section # 145) Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 19 of 23 ,--~1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 The Commission agreed not to deliberate after 12:00 a.m., but stated that they will get as far as they can tonight. AGENDA ITEM #16. ZA 96-130. REZONING AND CONCEPT PLAN FOR TIMARRON COMMERCIAL. TRACT I: Dennis Jerke, Carter & Burgess, 3880 Hulen Street, Fort Worth, Texas, presented this item to the Commission. Mr. Jerke agrees that most of the issues from Tract III will carry over to Tract I. As discussed at an earlier meefmg, Mr. Jerke stated that they have moved the eastern boundary of Tract IA to the east approximately 300'. They have limited uses in Tract IB to "B-l," "O-1," and "CS." Mr. Jerke stated that access to White Chapel Boulevard shall be restricted to one (1) full access location. He stated that there will be a 50' bufferyard adjacent to White Chapel Boulevard, and there will be a 35' bufferyard adjacent to the Residential Planned Unit Development on Dove Road. Mr. Jerke stated that there will be 100' building setback on White Chapel Boulevard, and they also agree to the 4:1 slope from their property line as discussed in the previous case. Commissioner Edmondson stated that she has a problem with the 90' building height in "HC" and "0-2" uses in Tract IA. She feels it is too close to residential properties across State Highway 114. Commissioner Schroetke asked what the elevation of this property is in comparison to the property on the south side of State Highway 114. Mr. Jerke stated that this property is higher than the property on the south side of State Highway 114. Commissioner Schroetke stated that she does not want the eastern boundary of Tract IA moved to the east; she would like it moved back to its original position. She does not want to see "C-l," "C- 2," and "C-3" encroach that far back towards White Chapel Boulevard. She is trying to protect the residential properties on White Chapel Boulevard. Vice-Chairman Potter disagreed with Commissioner Schroetke by saying that he does not really have a problem with movement of the road to the east. He feels that the residents are sufficiently protected. He is concerned about the building heights in Tract IA, though. Commissioner Creighton asked if it is the height issue or the use issue that concerns Vice-Chairman Potter and Commissioner Edmondson. They both stated that it was more the building height that was an issue to them. Mr. Yetts stated again that the more they go vertical, the less they have to expand the building horizontally. He said the Cormnission was concemed then that he would have several tall buildings right next to each other, so he came back with the proposal to increase the percentage of open space. He thought this proposal would alleviate the Commission's concerns, but it appears that it has not. Commissioner Edmondson stated that she could compromise on a four (4) story building. She would not approve a six (6) story building under any circumstances. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 20 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Vice-Chairman Potter stated that he would rather make the fifth (5th) and sixth (6th) stories to be allowed by S.U.P. only. He feels that they should allow themselves the capability to make that decision at a later date. Commissioner Tate stated that he does not have a problem with the east boundary being located where they have proposed it to be, and he does not have a problem with the building heights in Tract IA. Commissioner Murphy asked the Commission to come to a resolution on the road issue. He stated that since the majority want it moved back to its original location, then they need to commit to it. Commissioner Creighton stated that her problem with moving it back to its original location, is that it increases the "B-l" uses in Tract IB which she does not like. Mr. Yetts stated that they already have an S.U.P. on all "HC" uses which will assist in restricting building heights. Also regarding the building height issue, he sees this comer more as a commercial comer so he does not foresee more than one (1) or two (2) office complexes here. They wanted to move the eastern boundary of Tract IA over 300' to compensate for eliminating uses that were of concern to the Commissioners. He said there are several trees on this site, so they were hoping that they could develop upward in order to save more trees. Commissioner Murphy asked Mr. Yetts if he agrees with approving four (4) stories now and making the fifth (5th) and sixth (6th) stories by S.U.P. only, and Mr. Yetts stated that he will agree to that. Mr. Last reviewed the agreed upon changes so far as being: · S.U.P. is required for fifth (5th) and sixth (6th) floors. · Relocate the eastern boundary of Tract IA back to proposed Kirkwood extension. · Any "HC" use will be allowed by S.U.P. only. · 100' building setback is required on White Chapel Boulevard and adjacent to the "R-PUD" on Dove Road. · 4:1 slope from Timarron's property line adjacent to residential property. · Berms will be 3' to 8' with an average height of 5' within any 50' bufferyard. · "B-I" - #11 - lithograph, engraving, printing and publishing, will be allowed by S.U.P. only. · "C-I" - #5 - gasoline filling stations, will be allowed by S.U.P. only. · "C-2" - #22 - filling stations or service stations, will be allowed by S.U.P. only. · The applicant will comply with the Landscape Ordinance, and for every story from two (2) to four (4), they will add 1% of the lot area to the required landscaped area, and for every story from five (5) to six (6), they will add 2% of the lot area to the required landscaped area. The majority of the Commission agreed to the above changes. Vice-Chairman Potter stated that he does not agree with moving the eastern boundary of Tract IA back to its original position; he does not think that solves anything. Motion was made to approve ZA96-130, as amended. Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 21 of 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 44 Motion: Second: Ayes~ Nays: Approved: Murphy Tate Schroetke, Tate, Murphy, Edmondson, Creighton Potter 5-1 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 2, section #1980) AGENDA ITEM #17. ZA 96-131. REZONING AND CONCEPT PLAN FOR TIMARRON COMMERCIAL. TRACT II: Due to the time, Mr. Yetts asked that ZA96-131 be tabled to the February 20, 1997, Regular Planning and Zoning Commission Meeting. Vice-Chairman Potter asked that this item be placed at the beginning of the agenda. Motion was made to table ZA96-131 at the applicant's request to the February 20, 1997, Regular Planning and Zoning Commission Meeting. Motion: Second: Ayes: Nays: Approved: Murphy Creighton Schroetke, Tate, Potter, Murphy, Edmondson, Creighton None 6-0 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 2, section #2068) AGENDA ITEM #18. MEETING ADJOURNMENT: Motion was made to approve the adjotmunent of the meeting at 11:44 p.m. on February 13, 1997. Motion: Second: Ayes~ Nays: Approved: Murphy Creighton Schroetke, Tate, Potter, Murphy, Edmondson, Creighton None 6-0 Motion carried. (Planning and Zoning Commission Meeting, 02-06-97, tape 2, section t~182) Chairman Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 22 of 23 3 4 ATTEST: Community Development Secretary Planning and Zoning Commission Meeting Minutes on February 6, 1997 Page 23 of 23