1997-04-03 P&Z Meeting 1
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REGULAR PLANNING AND ZONING
COMMISSION MEETING
April 3, 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 Manager Curtis E. Hawk, City Attorney Debra Drayovitch, Zoning
Administrator Karen Gandy, Staff Engineer Angela Turner, Planner Chris Carpenter, Planner Dennis
Killough, 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 March 20, 1997, Regular Planning and
Zoning Commission meeting.
Motion was made to approve the minutes of the March 20, 1997, Regular Planning and Zoning
Commission meeting.
Motion: Potter
Second: Tate
Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 04-03-97, tape 1, section #19)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
There were no comments from City staff.
Regarding the Ordinance Work Group handout, Commissioner Edmondson asked City staffwho the
people were listed under the "Other" column and who added their name to the list. She particularly
referenced the Tree Ordinance which had four names listed under "OTHER." She said she wasn't
familiar with three of the four names and wondered who they were. Chaimaan Wright indicated that
three of the names were the names of "builder/developers." Commissioner Edmondson indicated
that while she had no problem working with builders and developers in amending the Tree
Ordinance, she would prefer to work with those who have already shown through their projects that
they make attempts to save trees when they are building and developing. Commissioner Edmondson
named as examples, Richard Myers and David McMahan. She also noted that these developers lived
in Southlake. Commissioner Edmondson stated that if those names already on the list were "firm,"
Planning and Zoning Commission Meeting Minutes on April 3, 1997 Page 1 of 19
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then she would suggest adding the names of Lisa Stokdyk and Bill Kemp to the list. She also said
she had a concern with too many "others" added to the list and noted that no other ordinance group
had as many outside participants as the Tree Ordinance. Planner Chris Carpenter stated that to his
knowledge, them was no formal process for including or excluding anyone from the list, but that he
would pass on her comments to Staff.
AGENDA ITEM #5. ZA 96-162. CONCEPT PLAN FOR TELESUPPORT EAST CAMPUS;
AGENDA ITEM #7. ZA 97-017. REZON1NG OF 1966 EAST DOVE ROAD:
AGENDA ITEM #9. ZA 97-023. SITE PLAN OF CHEVRON:
AGENDA ITEM #10. ZA 97-024. SPECIFIC USE PERMIT (FOR THE SALE OF PACKAGED
BEER FOR OFF-PREMISE CONSUMPTION);
AGENDA ITEM #13. ZA 96-159. REZONING;
AGENDA ITEM #14. ZA 97-028. REZONING;
AGENDA ITEM #15. ZA 97-029. REZONING AND CONCEPT PLAN OF STONECREST
BUSINESS PARK. AND
AGENDA ITEM #16. ZA 97-030. PRELIMINARY PLAT FOR STONECREST BUSINESS
PARK:
Motion was made at the applicant's request to table ZA 96-162, ZA 97-017, ZA 97-023, ZA 97-024,
ZA 96-159, ZA 97-028, ZA 97- 029, and ZA 97-030, and to continue the Public Hearing to the April
17, 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, 04-03-97, tape 1, section #236)
AGENDA ITEM #4. ZA 97-031. FINAL PLAT FOR R.O.W. DEDICATION FOR BRUMLOW
AVENUE:
This item was on consent agenda and was approved with one motion.
Motion was made to approve ZA97-031, subject to Plat Review Summary No. 1, dated March 27,
1997.
Motion: Tate
Second: Potter
Ayes: Schroetke, Tate, Potter, Edmondson, Creighton
Nays: None
Abstain: Wright
Approved: 5-0-1
Motion carried.
Planning and Zoning Commission Meeting Minutes on April 3, 1997 Page 2 of 19
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(Planning and Zoning Commission meeting, 04-03-97, tape 1, section #270)
Chairman Wright stated that Agenda Item #6 would not be heard until after Agenda Item #18 at the
request of Zoning Administrator Karen Gandy.
AGENDA ITEM #8. ZA 97-021. REZONING AND CONCEPT PLAN OF TIMBER LAKE
ESTATES. AND
AGENDA ITEM #11. ZA 97-025. REZONING:
Chairman Wright stated that these two (2) items would be set aside until later in the evening due
to the applicants not being present. With so many items having been tabled to the April 17, 1997,
Planning and Zoning Commission meeting, he stated that these two (2) items probably came up
before the applicants thought they would.
AGENDA ITEM #12. ZA 97-026. AMENDED PLAT FOR LOTS 1-7 AND COMMON PRIVATE
OPEN SPACE NO. 4. BLOCK 9. MYERS MEADOW. PHASE TWO:
Planner Chris Carpenter informed the Commission that the applicant's request is for an Amended
Plat for Lots 1-7 and Common Private Open Space No. 4, Block 9, Myers Meadow, Phase Two,
being an amendment to Lots 1-7 and Common Private Open Space No. 4, Block 5, Myers Meadow,
Phase Two, and being approximately 3.383 acres situated in the B.J. Foster Survey, Abstract No.
519. The property is located on the northeast comer of the intersection of Lovegrass Lane and Water
Lily Drive. The current zoning is "R-P.U.D." Residential Planned Unit Development. The Land
Use Category is Medium Density Residential (may include limited Iow intensity office and/or retail
uses). The owner and applicant is Perry Homes, A Joint Venture by Perry Houston Interest, Inc.;
Steven P. Pappas; Fred Joyce-Mary Stone Myers; Newmark Homes, L.P.; David L. and Gayle W.
Peace; and Tin and Lynn Nguyen. Ten (10) written notices were sent to property owners within the
200' notification area, and no responses have been received.
Freddoyce, 455 Randol Mill, Southlake, Texas, presented this item to the Commission and had no
problems with any of the Staff 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 ZA 97-026, subject to Plat Review Summary No. 1, dated March 27,
1997.
Motion: Potter
Second: Tate
Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 04-03-97, tape 1, section #985)
Planning and Zoning Commission Meeting Minutes on April 3, 1997 Page 3 of 19
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AGENDA ITEM #17. ZA 97-032. SITE PLAN FOR TETCO CONVENIENCE STORE:
Planner Chris Carpenter informed the Commission that the applicant's request is for a Site Plan of
Tetco Convenience Store on property described as Lot 6, Block 6, Southridge Lakes, Phase C-1, and
being approximately 0.918 acres situated in the A.A. Freeman Survey, Abstract No. 522. The
property is located on the northeast comer of the intersection of North Peytonville Avenue and West
Southlake Boulevard (F.M. 1709). The current zoning is "C-3" General Commercial 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 Corridor Recommendation is Retail Commemial
(same as in CS, O-1, C-l, C-2, C-3, and B-1 districts). The owner is Southridge Center, L.P. The
applicant is Tetco Stores, Inc. Six (6) written notices were sent to property owners within the 200'
notification area, and no responses have been received.
Victor Blood 530 Bedford Road Suite 216, Bedford Texas, presented this item to the Commission.
As a result of the SPiN meeting they had, they changed the driveway on Southlake Boulevard to a
right-in, right-out only driveway; they were trying to eliminate crossover traffic. He stated that they
moved the building as far to the east as possible to create more distance between this store and the
residential properties on Peytonville Avenue. Mr. Blood stated that this would be a "dry" store due
to its proximity to the high school, and this location is considered to be a low volume store in terms
of sales. Mr. Blood stated that he has no problems with any of the Staff Comments.
Commissioner Edmondson asked Mr. Blood to explain the letter provided to the Commission from
Slater & Associates regarding a Traffic Impact Analysis. Mr. Blood stated that Mr. Slater reviewed
the City of Southlake's development requirements and found that this site would not generate
sufficient traffic to require a Traffic Impact Analysis. He stated that Slater & Associates used the
square footage of the building and the number of gas pumps to determine the number of cars
generated by this site.
Chairman Wright asked Mr. Blood if City staffagreed with Slater's calculations. Mr. Blood stated
that he has not spoken to the City's engineering department in two (2) months, but they told him
back then that they would use the same formula, and he has not heard anything different from the
City.
Mr. Blood stated that they have six (6) gas dispensers and, on average, each car spends about eight
(8) to ten (10) minutes on site; it calculates out to about seventy-two to seventy-five cars an hour.
Commissioner Edmondson asked if any representative from Tetco spent any amount of time at the
comer of Peytonville Avenue and Southlake Boulevard. John Ferrel, Director of Development for
Tetco Stores, Inc., stated that he had not spent any time at this comer, but he relied on his real estate
agents to gather all the demographic data he needed.
Conunissioner Creighton asked City staff if they have looked at the lighting in order to determine
its effect on the surrounding residential properties. Planner Dennis Killough stated that they did not
provide the height and type of lighting fixtures and that he commented on that in his review letter.
Planning and Zoning Commission Meeting Minutes on April 3, 1997 Page 4 of 19
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Mr. Blood stated that their current plan shows 1,000 watt lights, and they would agree to reduce that
to 400 watt lights.
Chairman Wright asked the City attomey how the distance is calculated for selling alcoholic
beverages next to a school. Debra Drayovitch stated that no alcoholic beverage use shall be located
within three hundred feet (300') of a church, public school, or public hospital. She stated that the
measurement is taken from the front door of the establishment where alcoholic beverages are sold
to the nearest property line of the school.
Vice-Chairman Potter asked Mr. Blood if he had a SPiN meeting and, if so, how the residents
responded to his plan. Mr. Blood stated that they did have a SPIN meeting, and he said the most of
the residents were not too enamored with having a gas station on this comer.
Commissioner Edmondson asked the size of the underground fuel tanks. Mr. Blood stated that there
are two (2), fifteen thousand (15,000) gallon tanks. He added that Tetco uses all double walled tanks
which is in excess of what the Environmental Protection Agency and the Texas Water Commission
require. He stated that their tanks are remotely monitored for fuel leaks every five (5) minutes and
will automatically shut-down if a leak is found.
Commissioner Schroetke asked Mr. Ferrel what their hours of operation would be. Mr. Ferrel stated
that it would be a twenty-four hour store; they would lock the door to the convenience store around
11:00 p.m. and reopen it at around 6:00 a.m. Mr. Ferrel stated that the store would be manned
twenty-four hours a day with an attendant an a cashier-type drawer.
Commissioner Creighton asked if cigarettes can be sold within a certain proximity ora school. Ms.
Drayovitch responded by saying that Wayne K. Olson, also with Fielding, Barrett, & Taylor, L.L.P.,
is currently researching that very issue. Ms. Drayovitch stated that to her understanding there is no
regulation for the sale of cigarettes.
Commissioner Schroetke asked Mr. Blood if he has taken into account the number of high school
students who might use the store, and Mr. Blood stated that he does not see that as a negative factor.
Chairman Wright opened the public hearing.
Murtazaali Natawalla, 103 Killdeer Court, Southlake, Texas, stated that it takes him about five (5)
to six (6) minutes to get from Peytonville Avenue to Southlake Boulevard in the morning. He stated
that traffic backs up on Peytonville Avenue to the back entrance of Myers Meadow. He stated that
the roads cannot manage more traffic in this area. He said his children used to walk to the high
school, but he won't let them anymore because it is too dangerous. Mr. Natawalla stated that there
are three (3) gas stations within one (1) mile of this proposed site and another one is not needed. He
also stated his concern about the spill-over lighting on a twenty-four (24) hour basis.
Bob Maddin, 1702 Egret Lane, $outhlake, Texas, asked who gets the property owner notification
letters.
Planning and Zoning Commission Meeting Minutes on April 3, 1997 Page 5 of 19
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Chairman Wright stated that the official notifications were sent from the City to the property owners
within 200' of this property.
Commissioner Creighton stated that she is worried about the traffic situation at this intersection. She
was also worried about this station being so close to the high school, and that possibly a future owner
might try to sell alcohol there. She stated that she doesn't really like cigarettes being sold so close
to the high school.
Commissioner Schroetke stated that she is extremely concerned about safety at this intersection. She
said it is an accident waiting to happen especially with all of the high school drivers in that area.
Commissioner Edmondson stated that Mr. Natawalla was not exaggerating at all when he stated that
it takes him five (5) to six (6) minutes to get onto Southlake Boulevard. She said she travels this
intersection almost everyday and cannot even conceive placing a gas station on this comer.
Chairman Wright stated that he does not see how the Commission can make a decision until they
receive a statement from the City engineers stating their agreement or disagreement with the
applicant's traffic engineer. He said that the Commission needs to know if the City engineers think
a traffic study should be required.
Barry Knight, 5400 Renaissance Star, Dallas, Texas, represented the owner of the property. He
stated that the applicant has complied with all of the City's development regulations and is not
asking for any variances at all. He said they took the necessary steps in researching whether or not
a Traffic Impact Analysis was needed and submitted that to City staff. Unless the Commission is
ultimately going to approve the Site Plan, he asked that the Commission not take them through a
number of paces of getting a Traffic Impact Analysis only to disapprove it at a later date; he
respectfully asked that action be taken tonight.
Chairman Wright called for a recess at 8:46 p.m.
Chairman Wright called the meeting back to order at 8:59 p.m.
Chairman Wright closed the public hearing.
Commissioner Edmondson stated that this particular site plan is going to cause some serious
problems on Peytonville Avenue. She said that frequently there is a line of traffic backed up on
Peytonville Avenue and people zip over into the oncoming lane of traffic in order to get to the
turning lane quicker. She feels that if traffic was trying to get out of a gas station also, it would
create serious safety issue.
Commissioner Schroetke stated that she agrees with Commissioner Edmondson 100%.
Vice-Chairman Potter stated that he agrees that there are already serious safety issues with this
intersection, and to add a gas station would be inconceivable.
Planning and Zoning Commission Meeting Minutes on April 3, 1997 Page 6 of 19
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Motion was made to deny ZA 97-032.
Motion:
Second:
myesl
Nays:
Approved:
Potter
Edmondson
Schroetke, Tate, Potter, Edmondson, Creighton
Wright
6-1 (to deny)
Motion carried.
Chairman Wright stated that he was not ready to vote either way tonight; he would have liked the
opportunity to take a harder look at it.
(Planning and Zoning Commission meeting, 04-03-97, tape 1, section #3140)
AGENDA ITEM #8. ZA 97-021. REZONING AND CONCEPT PLAN OF TIMBER LAKE
ESTATES:
Chairman Wright asked if the applicant was present, and no one was.
Motion was made to table ZA 97-021, and to continue the Public Hearing to the April 17, 1997,
Regular Planning and Zoning meeting.
Motion:
Second:
Ayesi
Nays:
Approved:
Creighton
Tate
Schroetke, Tate, Wright, Potter, Edmondson, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 04-03-97, tape 1, section #3214)
AGENDA ITEM #11. ZA 97-025. REZONING:
Planner Chris Carpenter informed the Commission that the applicant's request is for the rezoning
of approximately 0.773 acres situated in the Obediah W. Knight Survey, Abstract No. 899 and being
a portion of Tract 3 and all of Common Green 36, Timarron Addition, Brenwyck, Phase 2. The
property is located east of the Timarron Addition, Brenwyck, Phase 2, and at the east end of the
Durham Court cul-de-sac. The current zoning is "AG" Agricultural District and "R-P.U.D."
Residential Planned Unit Development. The requested zoning is "SF-30" Single Family Residential
District. The Land Use Category is Medium Density Residential (may include limited low intensity
office and/or retail uses). The owners are Rucker Family Trust - William and Zena Rucker (Tract
3, Obediah W. Knight Survey, Abstract No. 899) and Westerra Timarron, L.P. (Common Green 36,
Timarron Addition, Brenwyck, Phase 2). The applicants are Mike and Carol Rucker. Thirteen (13)
written notices were sent to property owners within the 200' notification area, and one (1) response
was received which was in favor.
Planning and Zoning Commission Meeting Minutes on April 3, 1997 Page 7 of 19
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Zena Rucker thanked the Commission for calling her and waiting for her to appear tonight. She
apologized for her tardiness, and stated that she was told the meeting was on April 17, 1997. She
stated that this house will be brick and stucco combined with a tile roof, being a southwest style
house.
Chairman Wright opened the public hearing.
Kent Thomason, 724 Neddleton Drive, Southlake, Texas, asked City staffwhy the concept plan was
waived in this case. Planner Chris Carpenter stated that it is at the discretion of the Zoning
Administrator whether or not to waive the concept plan, and since this is a one (1) lot rezoning, she
decided to waive it. Mr. Thomason questioned why the applicant would have access through the
Timarron community, but not be subject to Timarron's dues. Chairman Wright stated that Durham
Court is a public street and maintained by the City.
Chairman Wright closed the public hearing.
Motion was made to approve ZA 97-025.
Motion:
Second:
Ayes:
Nays:
Approved:
Edmondson
Tate
Schroetke, Tate, Wright, Potter, Edmondson, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 04-03-97, tape 1, section #3460)
AGENDA ITEM #18. ZA 97-033. REZONING AND CONCEPT PLAN FOR SOUTHLAKE
CHURCH OF CHRIST:
Planner Chris Carpenter informed the Commission that the applicant's request is for a Zoning
Change on property being described as Lot 2, Brock Addition, an Addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Volume 388-44, Page 40, Plat Records,
Tarrant County, Texas. Also part of this consideration is a Revised Concern Plan on property being
described as Lot 3R, J. G. Allen No. 18 Addition, an addition to the City of Southlake, Tm'rant
County, Texas, according to the plat recorded in Cabinet A, Slide 2174, Plat Records, Tarrant
County, Texas, and Lots 1 and 2, Brock Addition, an Addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Volume 388-44, Page 40, Plat Records, Tarrant
County, Texas, save and except the portion awarded to the State of Texas by Agreed Judgement
entered in Cause No. 153-127796-90, a certified copy of which is recorded in Volume 11284, Page
1121, Deed Records, Tan'ant County, Texas. The property is located on the southwest comer of the
intersection of Brock Drive and West Southlake Boulevard (F.M. 1709). The current zoning is "SF-
lA" Single Family Residential District (Lot 2, Brock Addition) and "CS" Community Service
District (Lot 3R, J. G. Allen No. 18 Addition, and Lot 1, Brock Addition). The requested zoning is
"CS" Community Service District (Lot 2, Brock Addition). The Land Use Categories are
Planning and Zoning Commission Meeting Minutes on April 3, 1997 Page 8 of 19
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Public/Semi-Public (may include government offices and facilities, public and private schools,
churches and related facilities, private golf courses and country clubs, and cemeteries, and Public
Parks/Open Space uses in conjunction with these developments) and Low Density Residential
(limited low intensity office and/or retail uses may be permitted). The Corridor Reconunendation
is Residential (any Single Family district). The owners are Southlake Church of Christ (Lot 3R, J.
G. Allen No. 18 Addition, and Lot 1, Brock Addition) and A1 Peters (Lot 2, Brock Addition). The
applicant is FDS International. Ten (10) written notices were sent to property owners within the 20ff
notification area, and one (1) response was received which was in favor.
Michael Skaistis, FDS International, 320 Decker Drive, Suite 200, Irving, Texas, presented this
item to the Commission. He stated that the house on the Peters' property will be staying and will
be used for classroom instruction and a counseling service. He stated that the east building on the
main tract has been increased to two (2) stories because they don't have the worry of a residential
property (the Peters' house) being too close. They do plan on extending the landscaping along
Brock Drive down to the Peters' property as soon as they obtain the property; they have already
started the landscaping on the old Hettinger property.
Mr. Skaistis asked for exception to Staff Comment Item #4B regarding the zoning of Lot lA,
Brock Addition; Item #5 regarding the labeling of existing structures as to whether or not they
will remain or whether or not they are to be removed; Item #6 regarding a non-residential access
to Brock Drive; and Item #8 regarding the labeling building line near "Storm Water Detention
Pond No. 3."
Vice-Chairman Potter stated that the church should also add the time frame for removal of the
existing structures.
Larry Stone, Associate Minister for Southlake Church of Christ, stated that all of the existing
structures (except for the Peters' home) will be removed within two (2) to three (3) years.
Commissioner Creighton asked if the residents on Brock Drive have expressed any discontent with
the use of the Peters' property as described. Mr. Stone stated that he has spoken to many of the
residents and none have any problems with the intended use.
Commissioner Creighton asked if the church intends to charge for the counseling service. Mr. Stone
stated that there is no fee, but for those wishing to pay, the church will not accept more than $40.00
per hour. Mr. Stone stated that the maximum number of clients per week will be limited to eight (8)
with four (4) being on Tuesday and four (4) being on Thursday.
Chairman Wright opened the public hearing.
Jack Weisman, 2607 W. Southlake Boulevard Southlake, Texas, stated that he received the wrong
property owner notification. He also said that he mailed in a written response which was not stated
earlier. He stated that he has no objections to the church obtaining the Peters' property. He hopes
that the church provides sufficient bufferyards.
Planning and Zoning Commission Meeting Minutes on April 3, 1997 Page 9 of 19
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Mr. Carpenter stated that, upon further review, he found that the City did receive Mr. Weisman's
response, but it was after the Commissioner's packets went out.
Wayne Haney, 400 Brock Drive, SPIN #15 Representative, stated that he feels the church has gone
overboard in meeting the residents' concerns. They have gone out of their way to address the
drainage concerns and bufferyards. He thinks obtaining the Peters' property was the best thing the
church could have done. He said all of the neighbors are bragging on the landscaping they provided
on the old Hettinger property on Brock Drive.
Chairman Wright closed the public hearing.
Chairman Wright suggested that the applicant label each of the existing structures that are to be
removed and include a date in which they will be removed by. He stated that the church may run
into some problems in obtaining a building permit. He told the church to be sure and give
themselves enough time, but to be sure and put a date. Mr. Stone stated that five (5) years is a
reasonable amount of time to place on the plan for the removal of all buildings.
Motion was made to approve ZA 97-033, subject to Concept Plan Review Summary No. 1, dated
March 27, 1997, forgiving Item #6 (not allowing non-residential access to Brock Drive) but stating
on the plan that the driveway will only be used by that building; stating on the plan that there is to
be a five (5) year limitation for the removal of all existing structures (except the Peters' house);
labeling the intended use of the house on Lot 2, Brock Addition (Peters' house); and labeling the
intended use for the building on the west property line.
Motion: Potter
Second: Tate
Ayes: Schroetke, Tate, Wright, Potter, Edmondson, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 04-03-97, tape 1, section #5099)
AGENDA ITEM #6. ZONING ORDINANCE NO. 480-Y. ESTABLISHING REGULATIONS FOR
PERSONAL CARE FACILITIES:
Zoning Administrator Karen Gandy informed the Commission that she made no changes in Section
1 of Zoning Ordinance No. 480-Y as a result of the work session on March 27, 1997. She also
removed permitted zoning districts, "B-2," "I-1," and "I-2," from Section 2.
Commissioner Edmondson stated that she previously suggested the maximum number of dwelling
units per acre to be eight (8). She also stated that she does not want to have an "institutional" look
for these facilities, and the more units allowed per acre, the more institutional the facility will look.
She questioned if possibly the number of beds could be linked to the required amount of open space
and the required number of amenities.
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Vice-Chairman Potter asked City staffifthere was any way to require an applicant to provide certain
amenities. He stated he would like the Commission to have the flexibility to look at the S.U.P.
applications based on the number or the types of amenities provided. Ms. Gandy asked if the
Commission would be willing to provide incentives in order to encourage applicants to provide
amenities (e.g., allow a few more dwelling units per acre for a certain number of amenities).
Commissioner Creighton stated that she has a problem in trying to deal with a continuum of types
of facilities within one (1) ordinance. She stated that self-sufficient people will need entirely
different amenities than bed-ridden people; the types of people will dictate many things. She said
she would like to see three (3) categories such as, "Assisted Living Facilities - Type 1," "Assisted
Living Facilities - Type 2," and "Assisted Living Facilities - Type 3," because each type has different
requirements.
Chairman Wright asked if the "number off and "type off amenities can be added to the ordinance
as qualifying items. City Attorney Debra Drayovitch stated that "number off would be a criteria,
but "type off amenities solely depends on the type of people the facility is marketed towards
(whether they are self-sufficient or bed-ridden).
Chairman Wright asked if the City Attomeys could take a look at his suggestion, and Ms. Drayovitch
said they would look at it. Commissioner Creighton asked if they would also look at Commissioner
Edmondson's suggestion regarding requirements on open space and amenities, and Ms. Drayovitch
said they would look at both suggestions.
Commissioner Creighton said she would like to see in the ordinance address, "required amenities,"
and "permitted amenities."
Vice-Chairman Potter asked that a "home theater" be added to the list of permitted amenities.
After discussion, the Commission agreed to requiring the following amenities: cafeteria and/or
dining room, library, game room, exercise room, and housekeeping service.
Under "Permitted Ancillary Uses," Ms. Gandy stated that she would like to revise, "Physical therapy
services," to "Medical treatment services (e.g., physical therapy services, inhalation therapy, etc.),"
and the Commission agreed to that.
Vice-Chairman Potter suggested that if the corridor overlay zone is applicable, it should be referred
to in addition to the land use plan under the section for "Development Regulations."
Commissioner Edmondson stated that she is hesitant to limit the building height to one (1) story and
would like to limit it to two (2) stories with a pitched roof.
Commissioner Schroetke agreed saying that especially next to residential property, the facility
should have a residential appearance in order to blend in.
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After discussion, the Commission agreed to a 6:12 pitched roof being the minimum requirement.
Commissioner Edmondson suggested that the minimum side yard be increased from fifteen (15) feet
to thirty (30) feet, and the Commission agreed.
Commissioner Schroetke suggested that the minimum rear yard be increased from twenty (20) feet
to forty (40) feet, and the Commission agreed.
Regarding minimum floor area, the Commission agreed to leave 350 s.f. for efficiency units, 450
s.fi for one-bedroom units, and 550 s.f. for two-bedroom units.
Commissioner Edmondson stated that she really is not too happy with the maximum density
numbers when she knows Colleyville has a maximum density of eight (8) dwelling units per acre.
Ms. Drayovitch responded by saying that Colleyville's personal care facilities are under residential
zoning, and Southlake's are under commercial zoning and that makes a big difference.
Chairman Wright stated that he agrees with the way Ms. Gandy has it written regarding maximum
density, and Commissioners Schroetke and Tate agreed with him.
Ms. Gandy explained that her numbers for maximum impervious coverage are essentially the
reciprocal of the green open space numbers. Chairman Wright asked Ms. Gandy where the numbers
for impervious coverage came from, and Ms. Gandy stated that she got the numbers from
Grapevine's multi-family ordinance. Chairman Wright stated that Grapevine has excessive parking
requirements for multi-family, and suggested that all of the maximum impervious coverage numbers
be reduced by approximately ten percent (10%), and the entire Commission agreed with his
suggestion.
Regarding the number of required parking spaces, Ms. Gandy stated that the State of Texas requires
one (1) space for every four (4) beds. She suggested that the ordinance allot for approximately ten
(10) employees in addition to the number of parking spaces required for residents and guests. After
discussion, the Commission agreed to a minimum often (10) parking spaces for employees and one
and one-half (1%) spaces per each three (3) beds.
Ms. Gandy stated that under the heading of"Licensing," she would like to change the word, "Home"
to "Facility."
Chairman Wright opened the public heating.
John Larsen, 335 Ravenaux Drive, Southlake, Texas, stated that he is president of the Ravenaux
Homeowners Association and is representing the Association's feelings along with his own. He
stated that the high density of twelve (12) units per acre and multi-story facilities would destroy
residential neighborhoods. He stated that requiring a restaurant in a facility is not compatible with
surrounding residential properties because of noise and traffic associated with such a use. He said
that if one (1) of these facilities fails financially, it is much more likely that it would be rezoned for
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apartments than to be demolished. He stated that he is certain that the first applicant under this new
ordinance will apply for a two (2) story facility. Mr. Larson stated that while he knows some zoning
districts were removed in the ordinance, he feels that the Commission should take a hard look at
additional zoning districts and eliminate those which can be adjacent to residential. He stated that
the developers of these facilities are going to design one (1) type of building and plunk it down
wherever it fits; they might add a little pitch to the roof to meet Sonthlake's ordinance, but it will
basically be the same type of building that might be placed in any town. Mr. Larsen stated that it
depresses him to think of anybody in his family being placed in a dormitory-style building such as
what this ordinance will allow for and stated that whatever minimum square footage is agreed upon
is exactly what a developer will put in his facilities. Mr. Larsen suggested that the maximum density
requirements should be: four (4) bedrooms per acre adjacent to SF-1A; five (5) bedrooms per acre
adjacent to SF-30; and six (6) bedrooms per acre adjacent to SF-20. He suggested ten (10) acres
being the minimum lot size for these facilities, instead of five (5) acres. He stated that there should
be some type of fencing requirement in order to protect the residents. Regarding parking spaces, he
stated that many of the residents may park their car at the facility, but never drive it; he wanted the
Commission to keep that in mind.
Chairman Wright closed the public hearing.
Vice-Chairman Potter stated that he feels maybe the Commission should take another look at the
permitted zoning districts.
Chairman Wright stated that he feels the Commission should strike the "CS" zoning district from
the permitted districts.
Commissioner Creighton stated that she is not ready to make a decision on this item tonight, and
Vice-Chairman Potter agreed with her. Commissioner Creighton stated that she did not want to rush
into a decision, and the result being a vague ordinance.
Ms. Gandy asked the Commission if they would consider continuing this meeting until April 10,
1997, and they agreed.
Motion was made to continue Agenda Items #6 and #19, to the April 10, 1997, Planning and Zoning
Commission continuation meeting.
Motion: Potter
Second: Tate
Ayes: Schroetke, Tate, Wright, Potter, Edrnondson, Creighton
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 04-03-97, tape 2, section #5083)
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THE REMAINING ITEMS WERE HEARD THE EVENING OF APRIL 10, 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: City Manager Curtis E. Hawk, City Attorney Debra Drayovitch, Zoning
Administrator Karen Gandy, Planner Chris Carpenter, Planner Dennis Killough, and Community
Development Secretary Lori Farwell
The meeting was called to order by Chairman Wright at 6:25 p.m. to announce that the Commission
would be going into Executive Session.
The meeting was called back to order by Chairman Wright at 7:12 p.m.
No action was necessary as a result of Executive Session.
AGENDA ITEM #6. ZONING ORDiNANCE NO. 480-Y. ESTABLISHING REGULATIONS FOR
PERSONAL CARE FACILITIES:
Zoning Administrator Karen Gandy distributed a revised ordinance to the Commission as a result
of the April 3, 1997, meeting.
Discussion continued regarding allowable zoning districts, and Commissioner Creighton stated that
she would like to see "B-1" zoning district struck. The Commission agreed to strike "B-1" zoning
district.
Chairman Wright also asked that "C-1" zoning district be struck, and the Commission agreed.
Vice-Chairman Potter stated that he believes these facilities should only be allowed in "C-3" zoning
district; that is the way it was originally, and he feels the Commission should revert back to that
plan.
Commissioner Schroetke stated that she feels the natural place to put one of these facilities is in a
Non-Residential Planned Unit Development CNR-PUD").
Commissioner Edmondson agreed saying that a "NR-PUD," such as Rialto Development's Town
Center, is an ideal location because of the residents' ability to walk to adjacent shopping, library, etc.
Commissioner Edmondson stated that she also concerned about addressing the three (3) different
types of facilities: retirement homes, personal care facilities, and nursing homes. She also wondered
if the minimum acreage should be raised to ten (10) acres instead of five (5).
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Chairman Wright suggested limiting the maximum number of dwelling units per acre to the
following:
· eight (8) dwelling units per acre = "O-1," "O-2," and "C-2"
· twelve (12) dwelling units per acre = "C-3," "HC," "C-4," "S-P-l" and "S-P-2"
· fourteen (14) dwelling units per acre = "NR-PUD" with "C-3," "HC," "C-4," "S-P-1" and
"S-P-2"
Commissioner Edmondson stated that she does not understand why, in Southlake, people worry
more about whether or not a developer can develop a piece of land than the quality of life. She
stated she does not understand why the number of dwelling units per acre needs to be raised to any
more than eight (8) units per acre which is what the City of Colleyville currently has.
Vice-Chairman Potter stated that he does not understand how a personal care facility can be placed
on an "S-P-1" or "S-P-2" zoned property, when it was not on the list of permitted uses at the time
of zoning.
Commissioner Murphy stated that he is wondering why these facilities are allowed in "S-P-1" or "S-
P-2" categories since most of these zoning districts are only addressing the underlying uses anyway.
Chairman Wright stated that for a piece of property currently zoned "S-P-l" or "S-P-2," he thinks
the ordinance would have to be amended in order to add this new use. He stated that for a piece of
property currently zoned "AG," he can see where an "S-P-1" or "S-P-2" zoning would be fine.
Ms. Gandy stated that she will need to get an opinion from the City Attorney as to how to address
the "S-P-l" and "S-P-2" issues.
Chairman Wright stated that Dick Johnston, Chairman of the Senior Advisory Commission, has asked
to speak to the Commission tonight, as he was not present at the last Planning and Zoning
Commission meeting.
Chairman Wright opened the Public Hearing.
Dick Johnston, Chairman of the Senior Advisory Commission, stated that he wants the Commission
to understand that the Senior Advisory Commission strongly recommends that personal care
facilities be encouraged to come to the City of Southlake. He stated that he really appreciates the
Commission's efforts in drafting an ordinance for the facilities. He offered his assistance in any way
possible to help the Commission with this. He said that these types of facilities are in very high
demand in North Tarrant County and asked that the Commission encourage them to Southlake.
Kenneth Horne, 1215 Ashmoore Court, Southlake, Texas, stated that he completely agrees with Mr.
Johnston and thinks the Commission is doing a great job.
John Larsen, 335 Ravenaux Drive, Southlake, Texas, stated that the Commission needs to decide
what type of facility will be built in Southlake: either an "apartment style, institutional look" facility
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or a "residential style" facility. He agreed with Chairman Wright's suggestion of allowing different
densities in different zoning categories in order to encourage developers to migrate towards certain
areas of the city.
Chairman Wright closed the Public Hearing.
Chairman Wright called for a recess at 8:25 p.m.
Chairman Wright called the meeting back to order at 8:37 p.m.
Commissioner Creighton stated that she still feels like fourteen (14) dwelling units per acre are too
many. She suggested the following zoning districts:
· eight (8) dwelling units per acre = "O-1," "0-2," "C-2," "C-3," "HC," "C-4," "S-P-l," and
"S-P-2"
· twelve (12) dwelling units per acre = "NR-PUD" with "C-3" uses
Ms. Gandy stated again that she will need to draft a letter to the City Attorney regarding how to
address the "S-P-1" and "S-P-2" questions.
Ms. Gandy asked the Commission if they agreed on the following so far:
· eight (8) dwelling units per acre ="O-1," "O-2," "C-2" or
.... 0-2, C-2
"NR-PUD" with O-1, ' ..... "or
"S-P-l" or "S-P-2" with ......... O-1, 0-2, 'C~2"
· twelve (12) dwelling units per acre = "C-3"
"NR PUD" with "C 3 ""C 4" "HC" r
· fourteen (14) dwelling units per acre = - - , - , or
"S-P-1" with "C-3" or
"S-P-2" with "C-3"
Commissioner Creighton stated that she thinks fourteen (14) dwelling units per acre are too many.
Moving on to Section 3, Ms. Gandy stated that she added the words, "all applicable city codes," in
lieu of referencing the Building Code of the City of Southlake with respect to inspections by the Fire
Marshal.
Ms. Gandy stated that she added the following statement:
"Required Amenities
In an effort to maintain a comfortable lifestyle for the residents and for the convenience of
the employees and the residents' guests, the following amenities shall be required:
· Cafeteria and/or dining room, housekeeping service, library, game room, and exercise
room."
Ms. Gandy stated that she feels the first two items (cafeteria and/or dining room and housekeeping
service) will be mandated by the State of Texas.
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Afler discussion, the Commission agreed to leave the first two items (cafeteria and/or dining room
and housekeeping service) as required amenities. They decided to add the statement, "Furnish or
provide transportation to local facilities which provide a library, game room, and exercise room."
Ms. Gandy stated that she added "home theater" to the list of permitted amenities.
Under Permitted Ancillary Uses, Ms. Gandy added the following uses:
· Pharmacy for resident use only
· Medical treatment services for resident use only (e.g., physical therapy services, inhalation
therapy, and other related uses).
Under Concept Plan Requirements, Ms. Gandy added the words, "and ancillary uses," as per
Commissioner Murphy's request.
Under Development Regulations, Ms. Gandy added the following statements:
"The following standards and regulations shall apply unless a more stringent standard is required
by the underlying zoning district or the Corridor Overlay Zone (in which case, the more slringent
regulation shall apply," at Vice-Chairman Potter's request." and
"Buildings shall have a 6:12 pitch if adjacent to property zoned as single family residemial or
designated as low or medium density residential on the city's land use plan," at the
Conunission's request.
After discussion, the Commission agreed to leave in the statement regarding the building pitch and
acknowledged that the fact that they may or may not be able to enforce it.
Ms. Gandy stated that she increased the side yard to not less than thirty (30) feet and increased the
rear yard of not less than forty (40) feet at the Commission's request.
Regarding "Maximum Density" section, Ms. Gandy asked if the Commission still wants to have an
interaction between the density and the amount of green open space.
Commissioner Edmondson stated that she still thinks the Comsnission should define "open space,"
and suggested the following definition:
"Open space - area of a lot either left in a natural state or receiving permeable vegetative
landscape treatment (e.g., grass, shrubs, flowers, trees, etc.).
In the Maximum Density section, the Commission discussed reducing the maximum number of
dwelling units per acre from 12 to 8, from 16 to 12, and from 20 to 14, in order to match the number
of dwelling units discussed earlier in the evening.
Commissioner Murphy stated that with the requirements the Commission has placed on these
facilities, there will not be any built in Southlake because it will not be viable. He said that if the
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Commission puts a regulation in place that makes them really impractical to build, then the
Commission is essentially saying that they do not want them in Southlake.
Ms. Gandy stated that she will work on the requirements for density as it relates to open space and
the requirements for impervious coverage.
Ms. Gandy stated that she changed the parking requirement to "ten (10) spaces plus 1.5 space per
each 3 beds" as per the discussion at the last meeting.
Under "Licensing," Ms. Gandy changed "Home" to "Facility."
Commissioner Edmondson stated that she does not want to see a developer of a PUD try to substitute
any other public open space requirement to fill the open space requirement for one of these facilities.
She thinks that the residents of these facilities deserve their own private open space.
Commissioner Schroetke stated that no matter how much the ordinance directs a developer to "C-3"
zoned property, they will not go there if it is not economically viable.
Motion was made to table Agenda Item #6 to the April 17, 1997, Regular Planning and Zoning
Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Tate
Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 04-03-97, tape 1, section #5558)
AGENDA ITEM #21. MEETING ADJOURNMENT:
Motion was made to approve the adjournment of the meeting at 10:00 p.m. on April 10, 1997.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Schroetke
Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 04-03-97, tape 1, section #5565)
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ATTEST:
Lori 3,. Farwell
Community Development Secretary
L:\WP-FILESWITG\MIN~ 1997\04-03 -97.WPD
Chairman
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