1997-05-08 P&Z Meeting 1
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REGULAR PLANNING AND ZONING
COMMISSION MEETING
May 8, 1997
COMMISSION PRESENT: Chairman Joe Wright, Members: Ann Creighton, Debra Edmondson,
Rob Jones, F. C. LeVrier, James Murphy, and Lanny Tate
COMMISSION ABSENT: None
CITY STAFF PRESENT: City Attorney Debra Drayovitch, Community Development Director
Greg Last, Zoning Administrator Karen Gandy, Staff Engineer Angela Turner, Planner Dennis
Killough, and Community Development Secretary Lori Farwell
The meeting was called to order Chairman Wright at 6:08 p.m. to announce that the Commission
would be going into Executive Session.
The meeting was called back to order by Chairman Wright at 6:46 p.m., and he asked City Attorney
Debra Drayovitch if any action was necessary as a result of the Executive Session. Ms. Drayovitch
stated that there was no action necessary.
The Commission was in Work Session until 7:10 p.m., when Chairman Wright called the meeting
to order.
AGENDA ITEM #2. APPROVAL OF MINUTES:
Chairman Wright opened discussion of the minutes of the April 10, 1997, Regular Planning and
Zoning Commission continuation meeting.
Motion was made to approve the minutes of the April 10, 1997, Regular Planning and Zoning
Commission continuation meeting.
Motion:
Second:
Ayes:
Nays:
Abstain:
Approved:
Creighton
Edmondson
Creighton, Edmondson, Murphy, Wright, Tate
None
Jones, LeVrier
5-0-2
Motion carried.
(Planning and Zoning Commission meeting, 05-08-97, tape 1, section #62)
Chairman Wright opened discussion of the minutes of the April 17, 1997, Regular Planning and
Zoning Commission meeting.
Planning and Zoning Commission Meeting Minutes on May 8, 1997 Page 1 of 24
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Motion was made to approve the minutes of the April 17, 1997, Regular Planning and Zoning
Commission meeting.
Motion: Edmondson
Second: Creighton
Ayes: Edmondson, Creighton, Wright
Nays: None
Abstain: Jones, Tate, LeVrier, Murphy
Approved: 3-4
Motion carried.
Ms. Drayovitch stated that only the members who were present at the April 17, 1997 meeting were
able to vote for the approval of the minutes.
(Planning and Zoning Commission meeting, 05-08-97, tape 1, section #87)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
Community Development Director Greg Last welcomed the new Commissioners, Rob Jones and F.
C. LeVrier.
AGENDA ITEM g4. ZONING ORDINANCE NO. 480-Y. ESTABLISHING REGULATIONS FOR
PERSONAL CARE FACILITIES:
Zoning Administrator Karen Gandy stated that she added a definition of Housing Unit and included
Commissioner Edmondson's definition of Open Space. She stated that she changed the chart
showing the appropriate districts for the three densities as discussed in the previous meeting. In the
RequiredArnenities section, she stated that she added that the personal care facility should "provide
or furnish transportation to local facilities that provide" a library, game room and exercise room.
In the Maximum Density section, she stated that she changed the densities to the eight, twelve, and
fourteen housing units per acre as discussed in the previous meeting. Ms. Gandy stated that she
provided three exhibits to show the relationship between density and open space and stated that she
worked with GIS Specialist Melinda Polley to produce a very simplistic design of a typical 5-acre
parcel with varying densities and open space requirements.
Commissioner Edmondson stated that currently these types of facilities are only allowed in "C-3"
zoning districts. She stated her concern about these facilities being allowed in "O-1" and "C-2"
zoning districts from the perspective that any time the Commission approved a property for "O-1"
or "C-2" zoning, they would need to consider if that particular tract would be appropriate for this
type of use. She asked the Commission to consider only allowing these facilities in the following
zoning districts: "C-3," "S-P-1" with "C-3" uses, "S-P-2" with "C-3" uses, and "NR-PUD." She also
suggested going with straight 20% open space and twelve dwelling units per acre.
Ms. Gandy asked Commissioner Edmondson if she is suggesting removing the requirement of an
S.U.P., and she stated that she is.
Planning and Zoning Commission Meeting Minutes on May 8, 1997 Page 2 of 24
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Chairman Wright stated that he understands Commissioner Edmondson's intent, but he does not
think that is the correct way of going about it.
Commissioner Creighton asked if it would be possible to create a separate zoning district for these
facilities. Ms. Gandy stated that it is possible.
Commissioner Creighton stated that she hates to suggest a separate zoning district at this stage of
deliberation, but she feels that would eliminate many of the Commission's concerns.
The Commissioners discussed whether these facilities should be allowed by Specific Use Permit or
by Site Plan zoning or by creating a new zoning district.
Ms. Gandy stated that if she were going to create a new zoning district, she would like to expand it
to something such as "medical facilities" or "managed care facilities" in order to include
convalescent facilities, etc.
Commissioner Murphy asked if this new category would be more or less restrictive than which
existing categories; he questioned where it would fit in the whole scheme of categories.
Ms. Gandy asked if the Commission is in agreement about twelve units per acre and 20% open
space, and they all agreed.
Commissioner Murphy stated again that he still feels the Commission needs to decide on the
intensity of this category and where it fits in the hierarchy of categories.
Ms. Gandy asked if the Commission still sees this category as a non-residential use, and they agreed
that they want it to remain as a non-residential category.
Motion was made to table Zoning Ordinance No. 480-Y, establishing regulations for Personal Care
Facilities, to the May 22, 1997, Regular Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
mumhy
Creighton
Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 05-08-97, tape 1, section #1453)
Chairman Wright stated that due the members of the Park Board being in another meeting, he will
postpone Agenda Item #5 until later in the evening.
Planning and Zoning Commission Meeting Minutes on May 8, 1997 Page 3 of 24
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AGENDA ITEM #6. ZA 97-039. CITY-INITIATED REZONING OF FOUR (4) PARCELS OF
LAND WITHIN THE W.R. EAVES SURVEY. ABSTRACT NO. 500:
Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the
rezoning of Tract 1-1 is legally described as approximately 3.797 acres situated in the W. R. Eaves
Survey, Abstract No. 500, being Tracts 3, 3C, and 3C1. The property is located on the Southwest
comer of the intersection of Peytonville Avenue and Southlake Boulevard (F.M. 1709). The current
zoning is "C-2" Local Retail Commercial District. The requested zoning is "SF-20A" Single Family
Residential District. The Land Use Category is Mixed Use. The Corridor Recommendation is
Retail Commercial. The property owner is Conner Lam. The applicant is City of Southlake.
Tract 1-2 is legally described as approximately 14.126 acres situated in the W. R. Eaves Survey,
Abstract No. 500, being Tract 3D. The property is located on the southwest comer of the
intersection of Peytonville Avenue and Southlake Boulevard (F.M. 1709). The current zoning is "C-
2" Local Retail Commercial District. The requested zoning is "SF-20A" Single Family Residential
District. The Land Use Category is Mixed Use. The Corridor Recommendation is Retail
Commercial and Existing Retail Zoning. The property owner is W & B Kidd Family Ltd.
Partnership. The applicant is City of Southlake. Thirteen written notices were sent to property
owners within the 200' notification area for Tracts 1-1 and 1-2, and three responses have been
received and were opposed.
dim Schell (Pope, Hardwicke, Christie, Harrell, Schell & Kelly, L.L.P.) 901 Fort Worth Club
Building, Fort Worth, Texas) represented W & B Kidd Family Ltd. Partnership. He stated that he
is not that familiar with the zoning procedures in the City of Southlake, but he is very familiar with
the procedures in Fort Worth. Mr. Schell stated that the City of Fort Worth requires specification
of changes in cimumstances which would justify a change in zoning. He said that from everything
he has seen, any change in zoning on this land would justify a more intense zoning. He asked the
Commission to tell him why he is here and why this land being down-zoned. Mr. Schell prepared
a letter of protest according to state statutes and provided Ms. Gandy with a copy of that letter. He
stated that he will also provide a signed acknowledgment from his clients.
Conner Lam, 2080 Post Oak, Southlake, Texas, stated that if he was an ordinary citizen, and not a
land owner, he would be very angry if someone suggested removing $500,000 a year in projected
tax revenue. He stated that he has held onto this piece of property for years because it has been
shown on the Land Use Plan as commercial. He said that the zoning on this property matches the
Land Use Plan and the Corridor Study. He said he is always hearing in the Planning and Zoning
Commission meetings that the Commission needs to follow the Land Use Plan. Mr. Lam stated that
there will be an astronomical loss of tax base if this rezoning is approved.
Chairman Wright opened the public hearing.
FredJoyce, 455 Randol Mill, Southlake, Texas, stated that he developed the residential subdivision,
Myers Meadow, which is across the street from the property in question. He stated that he is
strongly opposed to this rezoning. He does not think it is wise to reduce the City's tax base by
down zoning this property. He stated that it is not right to right to make an existing business, non-
Planning and Zoning Commission Meeting Minutes on May 8, 1997 Page 4 of 24
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conforming, which is what would occur if this rezoning is approved. By placing this business in a
non-conforming status, it would be open for the city to initiate an amortization. He does not think
that is the fight way to do business. He does not think the City officials would stand for it, if it was
their property.
Chairman Wright closed the public hearing.
Commissioner Jones asked if anyone could explain to him as to the reason why the City is going
against its own Land Use Plan. He also asked who would want to take that to court.
Motion was made to deny ZA97-039.
Motion: Jones
Second: Tate
Commissioner Murphy asked if this case will need a super-majority vote at City Council, and
Chairman Wright stated that it would.
Ayes: Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton
Nays: None
Approved: 7-0 (to deny)
Motion carded.
(Planning and Zoning Commission meeting, 05-08-97, tape 1, section #2444)
AGENDA ITEM #7. ZA 97-040. CITY-INITIATED REZONING OF TWO (2'} PARCELS OF
LAND WITHIN THE A. A. FREEMAN SURVEY. ABSTRACT NO. 522:
Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for
the rezoning of Tract 2-1 which is legally described as approximately 5.165 acres situated in the
A.A. Freeman Survey, Abstract No. 522, being Tract 1D5. The property is located at the northeast
comer of North Peytonville and West Southlake Boulevard (F.M. 1709). The current zoning is "C-
3" General Commercial District. The requested zoning is "O-1" Office District. The Land Use
Category is Mixed Use. The Corridor Recommendation is Retail Commercial. The property owner
is Grace Presbyterian Church. The applicant is City of Southlake.
Tract 2-2 is legally described as Lot 4, Block 6, Sonthridge Lakes Addition, Phase C-I, being
approximately 8.833 acres situated in the A.A. Freeman Survey, Abstract No. 522. The property is
located on the northeast comer of North Peytonville and West Southlake Boulevard (F.M. 1709).
The current zoning is "C-3" General Commercial District. The requested zoning is "O-1" Office
District. The Land Use Category is Mixed Use. The Corridor Recommendation is Retail
Commercial. The owner is Southridge Center, L.P. The applicant is City of Southlake. Thirty
written notices were sent to property owners within the 200' notification area for Tracts 2-I and 2-2,
and four responses have been received which were in favor and two responses have been received
and were opposed.
Planning and Zoning Commission Meeting Minutes on May 8, 1997 Page 5 of 24
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Commissioner Murphy asked who made the decision as to which businesses to make non-
conforming and which ones to leave alone. He also questioned if anyone gave any thought to
drawing a straight line at the north property line between the comer property (Tetco) and the church
property and leaving the front half zoned as "C-3" and rezoning the back half to "O-1." He stated
that line would make more sense than to draw the lines as shown.
Barry Knight, 5400 Renaissance Tower, Dallas', Texas, represented Southridge Center, L.P. He
stated that he agrees with the previous speakers regarding the need for connnercial land for a tax
base. He referenced the Land Use Plan and Corridor Study and stated that the existing zoning is
completely within those guidelines. He stated that his client has not filed his written objections but
will do so before the City Council meeting. He stated that his client has a pending Site Plan for Lot
4 which has been given to the City.
There was no one present to represent Grace Presbyterian Church.
Chairman Wright opened the public hearing.
Tom Chapman, 402 Valverde Court, Southlake, Texas, stated that he is not opposed to commercial
development on Southlake Boulevard in general but would like to see a balance. He would like to
see a low impact commercial development with a limitation of one story building height in this area.
In February or March, he stated that there was a petition with approximately 100 signatures which
was forwarded to Mayor Stacey. He said the petition was from Southridge Lakes residents and
stated that they would like to see this property down-zoned. Mr. Chapman stated that he would like
to see an office building placed on this site. He asked the Commission to maintain the quality of
their neighborhood.
Conner Lam, 2080 Post Oak, Southlake, Texas, stated that he opposes this rezoning as a taxpayer.
He said that when Arvida first developed Southridge Lakes, they promised to build a buffer between
this property and the houses which they have done. He said that he does not think that one resident
in Southridge Lakes will hear anything from this commercial development. He thinks the people
in favor of this change are living in fear of what might go there. He said the City needs the money
from this development to help build streets, schools, and parks. Mr. Lam stated that this property
was clearly zoned from day one, and the residents could go to City Hall anytime and see that.
Freddoyce, 455 Randol Mill, Southlake, Texas, said that the City is in need ora tax base. He said
he owns property which backs up to Southridge Lakes, and he is constantly getting trash thrown over
on his property. He said he would rather back up to a commercial property than to Southridge
Lakes. He said the residents do not care what they do to their surrounding neighbors, and that is
their attitude regarding this property, too.
Chairman Wright closed the public hearing.
Commissioner Edmondson referenced the Zoning Ordinance which states that "C-3" is not
anticipated to be placed continuous to or in direct proximity to residential zoning districts. She
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stated that "C-3" is an extremely intense zoning district to be placed adjacent to a school and to a
neighborhood. Commissioner Edmondson stated that this area (both "C-3" and "O-1") is shown as
Mixed Use on the Land Use Plan and is shown as Office Commercial in the Corridor Overlay Study
which is okay.
She thinks this is a reasonable zoning request.
Commissioner Creighton stated that the Zoning Ordinance describes "O-1" to be generally
compatible to existing and future adjacent surrounding residential developments.
Commissioner Tate stated that he would agree with Commissioners Creighton and Edmondson if
this property had not been zoned "C-3" from day one. He said there has not been any deception.
Commissioner Creighton stated that she heard from a number of Southridge Lakes residents that they
were told this property was to be neighborhood commercial, not "C-3." She said she would support
Commissioner Murphy's proposal of"C-3" on the front with "O-1" in the back.
Commissioner Edmondson stated that she also agrees with "C-3" on the front with "O-1" in the back
to serve as a buffer to the residents.
Chairman Wright stated that this property has been "C-3" since the time Southridge Lakes was
developed, and nobody had a problem with it back then. He said signs have been posted from the
beginning, and there has been no deceit by the developer.
Commissioner Jones stated that he can almost guarantee that the lots adjacent to this property were
sold at a discounted rate, and that the people who bought homes did not have any complaints then.
Commissioner Creighton stated that several years ago, Southlake Boulevard was a sleepy two-lane
road and people's perception of"commercial" was significantly different than what it is today.
Chairman Wright asked Mr. Knight if he would agree to leaving the front half of the property zoned
as "C-3" and rezoning the back half to "O-1." Mr. Knight stated that his client bought this property
as "C-3" and wants to develop it as "C-3."
Motion was made to approve ZA 97-040, maintaining "C-3" zoning on the front portion along
Southlake Boulevard (to align with the north property line of the Tetco property and the United Bank
property) and rezoning the back portion to "O-1."
Motion: Murphy
Second: Creighton
Chairman Wright stated that he agrees with Commissioner Murphy regarding providing a buffer of
"O-1," but he feels that approximately 200' of"O-l" would be a sufficient buffer.
Planning and Zoning Commission Meeting Minutes on May 8, 1997 Page 7 of 24
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Ayes: Creighton, Murphy, Edmondson, LeVrier
Nays: Wright, Tate, Jones
Approved: 4-3
Motion carried.
(Planning and Zoning Commission meeting, 05-08-97, tape 1, section #4768)
Chairman Wright called for a recess at 9:30 p.m.
Chairman Wright called the meeting back to order at 9:39 p.m.
AGENDA ITEM #8. ZA 97-041. CITY-INITIATED REZONING OF THREE (3~} PARCELS OF
LAND WITHIN THE H. GRANBERRY SURVEY. ABSTRACT NO. 581:
Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the
rezoning of Tract 3-1 is legally described as approximately 13.861 acres situated in the H. Crranberry
Survey, Abstract No. 581, being Tract 3A. The property is located in the 400-block of West
Southlake Blvd (F.M. 1709). The current zoning is "C-2" Local Retail Commercial District. The
requested zoning is "SF-20A" Single Family Residential District. The Land Use Categories are
Mixed Use, Medium Density Residential, and 100 Year Flood Plain. The Con'idor Recommendation
is Office Commercial and undesignated area. The property owner is Richard A. Reutlinger. The
applicant is City of Southlake.
Tract 3-2 is legally described as Lot 1, Block 1, Reutlinger Addition, being approximately 0.88 acres
situated in the H. Crranberry Survey, Abstract No. 581. The property is located at 425 West
Southlake Boulevard (F.M. 1709). The current zoning is "C-2" Local Retail Commemial District.
The requested zoning is "O-1" Office District. The Land Use Category is Mixed Use. The Corridor
Recommendation is Office Commercial. The property owner is Clardy-Ruffner Golden Triangle
Veterinary Clinic. The applicant is City of Southlake. Ms. Gandy stated that Council member Gary
Fawks has requested that this item be tabled until June 5, 1997.
Tract 3-3 is legally described as approximately 1.59 acres situated in the H. Crranberry Survey,
Abstract No. 581, being Tract 2. The property is located in the 400-block of West Southlake
Boulevard (F.M. 1709). The current zoning is "C-2" Local Retail Commercial District. The
requested zoning is "O-1" Office District. The Land Use Category is Mixed Use. The Corridor
Recommendation is Office Commercial. The property owner is Conner Lam. The applicant is City
of Southlake. Dr. Ruffner submitted a letter of opposition. Thirty-one written notices were sent to
property owners within the 200' notification area for Tracts 3-1, 3-2, and 3-3, and eleven responses
have been received, ten of which were in favor and one was undecided. One response outside the
200' notification area was received which addressed concern about drainage problems. Twenty-five
(25) letters were received outside the 200' notification area, one of which was opposed and twenty-
four were in favor.
Richard Reutlinger stated that when he purchased this property, it was going to be the center of
Southlake for commercial purposes. He said many things have changed over the years. He stated
that down-zoning property is not good politics in general. He stated that by creating a non-
conforming use of the veterinary clinic would place a great hardship on himself and Dr. Ruffner if
Planning and Zoning Commission Meeting Minutes on May 8, 1997 Page 8 of 24
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the business was destroyed. Dr. Reutlinger stated that the clinic has been in business for about
fifteen years and has served Southlake well.
Conner Lam, 2080 Post Oak, Southlake, Texas, stated that his property was zoned commemial when
he purchased it. He stated that Pulte bought about thirty-seven acres from him for residential
purposes, but he maintained his "C-2" zoning during that process. He does not think "C-2" zoning
is unreasonable at this location. He hates to see a non-conforming status placed on the veterinary
clinic; it is obviously a business that will be there a long time. He asked the Commission to deny
this zoning request.
Steve Ruffner stated that he talked to Council member Fawks regarding this zoning request and
Council member Fawks agreed to take another look at the zoning request for the veterinary clinic.
Mr. Ruffner stated that he is in the process of remodeling the inside of the clinic and would like to
do the same to the outside someday but would not be able to ifa non-conforming status was placed
on him. He asked the Commission to deny this request.
Chairman Wright opened the public hearing.
Mary Dominquez, 209 Lakecrest Drive, Southlake, Texas, stated that she delivered thirty-four letters
in opposition to the "C-2" zoning to City Hall. She stated that it is becoming increasingly difficult
to exit her neighborhood. She said that "C-2" zoning along Southlake Boulevard would only create
more of a traffic hazard. She does not want to see commercial development as deep as Dr.
Reutlinger's property is; she would like to see it developed as residential.
Kevin Sweeney, 100 Clear Lake Court, Southlake, Texas, stated that he is in favor of commercial
development and having a substantial tax base. He stated that he does not want to see a gas station
placed on this "C-2" property which would cause a great safety hazard. He stated that nobody could
possibly have bought a house in Lakecrest without thinking that Southlake Boulevard would be
developed as commercial.
Mike LaFavors, represented his father, Bill LaFavors, who resides at 620 S. White Chapel. Mr.
LaFavors is opposed to any development that will create further drainage problems for him. He
already has drainage problems and flooding. He has a tremendous amount of trash that washes onto
his property. He is opposed to residential development due to the way Puke has treated him
regarding the drainage problems.
Mark Struce, 700 S. White Chapel, Sou&lake, Texas, asked that the Commission carefully consider
the drainage concerns when any future development is done to these properties. He stated that they
have many drainage problems since the land around them has been developed.
Richard Reutlinger stated that he has an easement with Dr. Ruffner for a road to go to the back of
his property.
Chairman Wright closed the public hearing.
Planning and Zoning Commission Meeting Minutes on May 8, 1997 Page 9 of 24
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Chairman Wright stated that the Commission needs to recess so that the City Council can use the
Council Chambers.
(Planning and Zoning Commission meeting, 05-08-97, tape 1, section #6626)
Chairman Wright called for a recess at 10:25 p.m.
Chairman Wright called the meeting back to order at 10:40 p.m.
Commissioner Edmondson stated that she does not know if these tracts can be considered separately,
but she has different feelings on different tracts. She stated that she thinks it is wrong to make the
veterinary clinic a non-conforming use since it is in compliance with the Land Use Plan. She is
concerned about Dr. Reutlinger's property extending so far to the south; she cannot support leaving
the southern-most portion of his property zoned as "C-2."
Commissioner Tate stated that he does not agree with rezoning Conner Lam's property and Dr.
Ruffner's property, but he does not know what should be done with Dr. Reutlinger's property.
Motion was made to deny ZA97-041.
Motion: Murphy
Second: Tate
Commissioner Edmondson stated that she is in favor of denial the zoning request for Tract 3-2 and
Tract 3-3, but she feels that Tract 3-1 should be rezoned residentially.
Commissioner Creighton stated that she does not know what to do with Dr. Reutlinger's tract, but
without more information she will have to vote to deny.
Ayes: Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton
Nays: None
Approved: 7-0 (to deny)
Motion carried.
(Planning and Zoning Commission meeting, 05-08-97, tape 2, section # 185)
AGENDA ITEM #9. ZA 97-042. CITY-INITIATED REZON1NG OF TWO (2) PARCELS OF
LAND SITUATED IN THE O. W. KNIGHT SURVEY. ABSTRACT NO. 899:
Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the
rezoning of Tract 4 is legally described as approximately 3.48 acres situated in the O.W. Knight
Survey, Abstract No. 899, being Tracts 3B and 3B1. The property is located on the 821 East
Southlake Boulevard (F.M. 1709). The current zoning is "C-3" General Commercial District. The
requested zoning is "SF-20A" Single Family Residential District. The Land Use Categories are
Medium Density Residential and 100 Year Flood Plain. The Corridor Recommendation is
Residential and undesignated area. The owner is Southlake Partnership. The applicant is City of
Planning and Zoning Commission Meeting Minutes on May 8, 1997 Page 10 of 24
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Southlake. Two opposition letters from property owners, Rick Randall and Donnie Hunt, were
received. Seven written notices were sent to property owners within the 200' notification area, and
no responses have been received. One response outside the 200' notification was received and was
opposed.
Zoning Administrator Karen Gandy stated that Council member Gary Fawks has requested that this
item be tabled until June 5, 1997.
Chairman Wright opened the public hearing.
EdMcKendree stated that he has an interest in the Southlake Parmership. He strongly opposes this
mzoning request for three masons: 1 ). They purchased this land is 1983 because it was zoned "C-3."
2). They have been paying taxes on this property since 1983. 3). He stated that the property value
will decrease if down zoned.
Zena Rucker stated that she purchased property on Southlake Boulevard because she thought it
would be commemial property. She said that it is unfair to the property owners to down zone their
property. She stated that to down zone is undemocratic and unconstitutional. She wanted to state
her opposition to the way these city-initiated rezoning cases have been handled and to say that she
is against all of the rezoning in general.
Carolyn Hayes, 807 E. Southlake Boulevard, Southlake, Texas, stated that it appears the City is
arbitrarily rezoning pieces of land. She said that is the definition of abuse of municipai discretion.
She said that spot zoning is void and widely condemned by the Texas Supreme Court. She stated
that her property will be grossly affected by this. She is very opposed to a residential development
being placed by her property. She said if the City places houses on this property, they will create
more traffic than any business would ever think of doing. Ms. Hayes stated that when people move
to Southlake and live next to undeveloped land, they must know that it will be developed someday.
She said that this is unacceptable.
Chairman Wright closed the public hearing.
Commissioner Murphy stated that the Commission has been asked to table this item for one month,
and he is in favor of letting the City Council take another look at it.
Commissioner Jones asked if it was really fair to place the property owner on hold for one more
month, while the Council takes another look at it. He asked why the Commission would ever vote
for it if it creates a non-conforming use on an existing business.
Commissioner Tate agreed with Commissioner Jones and does not know if tabling would change
anything or not.
Motion was made to deny ZA97-042.
Planning and Zoning Commission Meeting Minutes on May 8, 1997 Page 11 of 24
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Motion: Tate
Second: Murphy
Ayes: Jones, Tate, Wright, LeVrier, Edmondson, Murphy
Nays: Creighton
Approved: (6-1) to deny
Motion carried.
Commissioner Creighton stated that she was opposed because she would have afforded the City time
to take another look at this application.
(Planning and Zoning Commission meeting, 05-08-97, tape 2, section #723)
AGENDA ITEM #5. SUBDIVISION ORDINANCE NO. 483-F. REVISIONS TO THE PARK
DEDICATION PROVISIONS. THOROUGHFARE PLAN REFERENCES. AND OTHER
MISCELLANEOUS ITEMS:
Community Development Director Greg Last stated he understands that the Park Board members
have a different position on the private open space than they previously had.
Sherry Berman and Ronnie Kendall presented this item to the Commission. Ms. Berman stated that
they would like to resubmit the Subdivision Ordinance No. 483-F in its original form on all issues.
Commissioner Creighton asked the applicant to address the possibility of developers not placing
private parks in subdivisions if it is not a requirement.
Ms. Kendall stated that they do not share that fear; they feel the developers will willingly place
private parks in their subdivisions in order to sell their properties.
Commissioner Creighton asked if the Park Board has taken into consideration the impact on their
budget of the half-cent sales tax as well as the additional revenue received by encouraging the City
Council to reconsider the land value.
Ms. Kendall stated that they would rather have the land beyond the fees any day. She said the need
is great, and the demand is there beyond what they have received from S.P.D.C.
Chairman Wright stated that six years ago, it was agreed that the City would acquire Corps of
Engineers (C.O.E.) property. He said that leasing C.O.E. property is the same as paying nothing for
it. He understands that this process has not began at all.
Ms. Kendall stated that they are getting ready to acquire C.O.E. property, but the only thing it is
good for is for passive use; soccer fields cannot be placed on the property. She said the C.O.E.
property is very wooded and cannot be cleared in order to place soccer fields.
Commissioner Creighton asked Ms. Kendall to clarify the following statements: the Park Board
request takes into account the increased value from revaluing the property every year; it takes into
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account the half-cent sales tax; and it takes into account the use of the C.O.E. property. Ms. Kendall
replied yes to all statements.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Commissioner Edmondson asked how long the Park Board worked on this ordinance, and Ms.
Berman stated approximately four months.
Commissioner Creighton stated that she was persuaded at the last meeting that there were some
issues the Park Board had not taken into account, but after hearing their report this evening, she has
changed her mind. Commissioner Creighton said she does not feel qualified to quibble with
something that the Park Board has spent months reviewing, and she feels comfortable approving the
ordinance as it is presented by the Park Board.
Commissioner Edmondson agreed with Commissioner Creighton and stated that she feels the
Commission needs to respect their fellow board members. She stated that the Commission owes the
Park Board the opportunity to present their ordinance to City Council as they drafted it.
If the Commission should simply pass it along as presented, Chairman Wright asked Commissioner
Edmondson why the Park Board presented the ordinance to the Commission at all. Commissioner
Edmondson responded saying that the Park Board is not a Charter Board. Chairman Wright stated
that they have come before the Commission to get its opinion because it is a requirement, so he feels
it is the Commission's duty to honestly review it.
Commissioner Jones asked the applicant if Grapevine has baseball fields and soccer fields on C.O.E.
property. Parks Director Kim Lenoir stated that Grapevine has those services on their C.O.E.
property, but she stated that the property in Grapevine has entirely different terrain than that property
located in Southlake.
Motion was made to approve Revisions to Subdivision Ordinance - Park Dedication Section - Draft
#5 as presented, keeping the same land dedication ratios and requirements that are in the currently
adopted ordinance, while recommending that the Council look at revising the method of calculating
land value for the fee payment alternative.
Motion: Tate
Second: Jones
Ayes: Jones, Tate, Wright, Murphy
Nays: Creighton, Edmondson
Abstain: LeVrier
Approved: 4-2-1
Motion carried.
Commissioner LeVrier stated that he abstained because he is not familiar enough with this item.
Planning and Zoning Commission Meeting Minutes on May 8, 1997 Page 13 of 24
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(Planning and Zoning Commission meeting, 05-08-97, tape 2, section #1998)
Mr. Last stated that the Subdivision Ordinance - Master Thoroughfare Plan References and other
miscellaneous items will be continued to the next Planning and Zoning Commission meeting and
the Public Hearing will be continued on those items. After discussion, the Commission decided to
continue this meeting to May 15, 1997.
AGENDA ITEM #13. ZA 97-046. SITE PLAN FOR TEXAS COMMERCE BANK;
AGENDA ITEM # 14. ZA 97-047. REZON1NG AND CONCEPT PLAN FOR COMMERCE
SQUARE:
AQENDA ITEM # 15. ZA 97-048. SPECIFIC USE PERMIT FOR THE OUTSIDE STORAGE OF
RECREATIONAL VEHICLES;
AGENDA ITEM #16. ZA 97-049. SPECIFIC USE PERMIT FOR A RESIDENTIAL UNIT FOR
A NIGHT WATCHMAN OR CARETAKER. AND
AGENDA ITEM #5. SUBDIVISION ORDINANCE NO. 483-F. REVISIONS TO
THOROUGHFARE PLAN REFERENCES. AND OTHER MISCELLANEOUS ITEMS:
Motion was made to continue Agenda Items #13, 14, 15, 16 and the remainder of#5 to May 15,
1997.
Motion: Murphy
Second: Creighton
Ayes: Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 05-08-97, tape 2, section #2424)
AGENDA ITEM #11. ZA 97-044. REZONING:
Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the
rezoning of property legally described as approximately 4.00 acres situated in the Obediah W.
Knight Survey, Abstract No. 899, being Tract 2C. The property is located on the south side of Lilac
Lane at the intersection of Pine Drive and Lilac Lane. 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. The owners and applicants are Jack and Barbara J. Rudduck.
Fourteen written notices were sent to property owners within the 200' notification area, and no
responses have been received.
Barbara Rudduck stated that she wants to build a home for her son and requested approval of this
item.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Planning and Zoning Commission Meeting Minutes on May 8, 1997 Page 14 of 24
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Motion was made to approve ZA97-044.
Motion: Murphy
Second: Tate
Ayes: Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 05-08-97, tape 2, section #2505)
AGENDA ITEM #12. ZA 97-045. PLAT SHOWING:
Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the
Plat Showing of Lots 5 and 6, O. W. Knight Addition, No. 899, being approximately 4.00 acres
situated in the Obediah W. Knight Survey, Abstract No. 899, Tract 2C. The property is located on
the south side of Lilac Lane at the intersection of Pine Drive and Lilac Lane. The current zoning is
"AG" Agricultural District. The Land Use Category is Low Density Residential. The owners and
applicants are Jack and Barbara J. Rudduck. Fourteen written notices were sent to property owners
within the 200' notification area, and one response was received which was in favor.
Barbara Rudduck stated that she wants to build a home for her son and requested approval of this
item.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Commissioner Tate asked Ms. Rudduck if she has seen the Plat Review Summary and asked if she
has any problems. Ms. Rudduck stated that she does not have any problems.
Motion was made to approve ZA97-045, subject to Plat Review Summary No. 1, dated May 2,
1997.
Motion: Tate
Second: Murphy
Ayes: Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 05-08-97, tape 2, section #2599)
AGENDA ITEM #17. ZA 97-050. PRELIMINARY PLAT FOR RUCKER'S HACIENDA DE
GUSTO:
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Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for_a
Preliminary Plat for Rucker's Hacienda de Gusto, being legally described as approximately 53.09
acres situated in the Obediah W. Knight Survey, Abstract No. 899, and being Tracts 3 and 3E, and
being all of Common Green No. 36, Timarron Addition-Brenwyck, Phase 2. This plat proposes two
(2) lots. 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 (Tract 3E
and a portion of Tract 3) and "SF-30" Single Family Residential District (a portion of Tract 3 and
all of Common Green No. 36, Timarron Addition-Brenwyck, Phase 2). The Land Use Category is
Medium Density Residential. The property owners are William and Zena Rucker. The applicants
are Mike and Carol Rucker. Twenty-two written notices were sent to property owners within the
200' notification area, and three responses were received, two of which were opposed and one
was in favor.
Carol Rucker presented this item to the Commission.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Chairman Wright asked Ms. Rucker if she has seen the Plat Review Summary and if she has any
concerns with it. Ms. Rucker stated that she has no problems with it.
Motion was made to approve ZA97-050, subject to Plat Review Summary No. 1, dated May 2,
1997.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Tate
Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 05-08-97, tape 2, section #2792)
AGENDA ITEM #10. ZA 97-043. CITY-INITIATED REZON1NG OF ONE (1) PARCEL OF
LAND SITUATED IN THE J. A. FREEMAN SURVEY. ABSTRACT NO. 529:
Zoning Administrator Karen Gandy informed the Commission that the applicant's request is for the
rezoning of Tract 5 which is legally described as approximately 30.159 acres situated in the J.A.
Freeman Survey, Abstract No. 529, being Tract 7A. The property is located on the southeast comer
of South Carroll Avenue and East Southlake Boulevard (F.M. 1709). The current zoning is "S-P-2"
Generalized Site Plan District with "C-3" General Commercial District uses. The requested zoning
is "SF-20A" Single Family Residential District. The Land Use Category is Mixed Use. The
Corridor Recommendations are Retail Commercial, Office Commercial, and undesignated area. The
owners are W.E. & M. L. Dalton. The applicant is City of Southlake. Eleven written notices were
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sent to property owners within the 200' notification area, and two responses were received which
were in favor.
Ed Koppman (Akin, Gump, Strauss, Hauer & Feld, L.L. PO 1700 Pacific Avenue, Suite 4100, Dallas,
Texas, presented this item to the Commission. He referenced an article in the Dallas Morning News
which stated, "City officials are beaming about the new upscale shopping center they approved
unanimously this week." The article compared Southlake Commons to Highland Park Village in
Dallas, and he stated that it would be a credit to this community if it bares resemblance to Highland
Park Village. He said there appears to be more than meets the eye in regards to this zoning request;
there is no justification for it. He said down zoning is looked upon very closely by the courts. Mr.
Koppman stated that it would be a tremendous hardship for the owners who have paid taxes on it for
years.
Tim Hagan (Hagan and Parsons, represented First Gulf Group) 12801 North Central Freeway,
Dallas, Texas, stated that he has the property under contract and have been working with Jacobsen's
to anchor this center.
Commissioner Edmondson asked Mr. Hagan when he intends to get started on this project. Mr.
Hagan stated that they want to get started as soon as they get a firm commitment for an anchor.
Commissioner Edmondson asked why there are still "For Sale" signs on the property.
James P. Atkinson (The Atkinson Company) 5440 Harvest Hill Road, Suite 204, Dallas, Texas, stated
that it is typical for a company to keep "For Sale" signs on a property until the property is closed.
Chairman Wright opened the public heating.
Warren Kreese, 938 Mallard, Coppell, Texas, stated that he is a real estate consultant. He personally
represents several high end clients who are very anxious to see an agreement made with Jacobsen's
or one of the other department-type store anchors they are dealing with. He stated that this is a very
real deal with many people interested in it.
Ted Drake, 1212 Westmont Drive, Southlake, Texas, stated that it is strange to him as to why the
City of Southlake is not present to give their rationale regarding the rezoning of this property. He
said that every other case has had someone to represent it and answer questions. He stated that he
would like to withhold his judgement at this time even though the Commission will probably take
a vote tonight. He said in spite of what the attorneys are saying, it sounds to him like this thing is
falling apart. If it does fall apart, he stated that he will go from being moderately interested, to being
intensely interested. He asked if the applicant has a firm start date yet.
Chairman Wright closed the public hearing.
Commissioner Murphy stated that as far as he is concerned, this case is even more obvious than
Agenda Item #6.
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Motion was made to deny ZA97-043.
Motion: Murphy
Second: Tate
Commissioner Edmondson stated that she understands that these things take time, but if this project
is still not built at some point in the future, this site might be revisited after all.
Ayes: Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton
Nays: None
Approved: 7-0 (to deny)
Motion carried.
(Planning and Zoning Commission meeting, 05-08-97, tape 2, section #3644)
THE REMAINING ITEMS WERE HEARD THE EVENING OF MAY 15, 1997
COMMISSION PRESENT: Chairman Joe Wright, Members: Ann Creighton, Debra Edmondson,
Rob Jones, F. C. LeVrier, James Murphy, and Larmy Tate
COMMISSION ABSENT: None
CITY STAFF PRESENT: City Attorney Debra Drayovitch, Community Development Director
Greg Last, Staff Engineer Angela Turner, Planner Dennis Killough, Planner Chris Carpenter, and
Community Development Secretary Loft Farwell
The meeting was called to order Chairman Wright at 7:07 p.m.
AGENDA ITEM #13. ZA 97-046. SITE PLAN FOR TEXAS COMMERCE BANK:
Planner Chris Carpenter informed the Commission that the applicant's request is for the Site Plan
for Texas Commerce Bank, being legally described as Lot 2, Block 2, Village Center, Phase II, and
being approximately 2.158 acres situated in the Thomas Mahan Survey, Abstract No. 1049. The
property is located on the northwest comer of the intersection of Village Center Drive and Southlake
Boulevard (F.M. 1709). The current zoning is "C-3" General Commercial District. The Land Use
Category is Mixed Use. The Corridor Recommendation is Village Center. The owner is Texas
Commerce Bank, N.A. The applicant is Corgan Associates, Inc. Six written notices were sent to
property owners within the 200' notification area, and no responses have been received.
Tom Dougherty (Corgan Associates) 501 Elm Street, Suite 500, Dallas, Texas, and Tom Moore
(Texas Commerce Bank) Houston, Texas, presented this item to the Commission. Mr. Dougherty
stated that they will match the standard colors that are required in the Village Center development.
Regarding StaffComment Item #5a, Mr. Dougherty asked for the Commission to approve a throat
depth of 70' on the northeast driveway in lieu of the required 10ft. On the north and south
elevations, he stated that he has articulated horizontally but not vertically.
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Commissioner Edmondson asked if Mr. Dougherty would consider placing a pitched roof on the
motor bank canopy. Mr. Moore stated that it might look awkward to place a pitch on the motor bank
canopy.
Commissioner Jones stated that he has worked with Corgan Associates, Inc., before and stated that
they do beautiful work.
Commissioner Edmondson said that she is not doubting the fact that they do good work, but she
knows that pitched roofs are an area of great concern to the City Council.
Commissioner LeVrier stated that he thinks it is a really good-looking building and requiring them
to pitch the motor bank canopy would be changing the whole building design. He said it could ruin
the design of the building to require a pitched canopy. Commissioner LeVrier stated that he thinks
they do need to meet the 100' throat depth requirement.
Mr. Dougherty stated that a night depository was accidentally left off this site plan and asked that
the Commission allow them to place it on the south side of the building.
Commissioner Edmondson asked if the applicant would increase the overall size of the canopy trees
from 50% at 2" and 50% at 4" to 50% at 4" and 50% at 6". Mr. Moore agreed to increase the size
of four (4) canopy trees along Southlake Boulevard (F.M. 1709) to 6".
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 ZA97-046 subject to Site Plan Review Summary No. 1, dated May
2, 1997, deleting Item #5a; forgiving the vertical articulation requirements on the north and south
walls; amending the landscape requirements to show four (4) of the required eight (8) canopy trees
to be of a 6" caliper along Southlake Boulevard (F.M. 1709); and amending the Site Plan to show
the night depository.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Tate
Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 05-08-97, tape 1, section #1130)
AGENDA ITEM # 14. ZA 97-047. REZONING AND CONCEPT PLAN FOR COMMERCE
SOUARE:
Planner Chris Carpenter informed the Commission that the applicant's request is for the rezoning
of property legally described as 7.22 acres situated in the Thomas Easter Survey, Abstract No. 474,
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Tract 3A. The property is located south of Southlake Boulevard (F.M. 1709) and immediately east
of Crooked Lane. The current zoning is "S-P-2" Generalized Site Plan District with "O-1" Office
District, "B-I" Business Service Park District, and limited "I-1" Light Industrial uses. The
requested zoning is "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commemial
District and limited "I-1" Light Industrial District uses. The Land Use Category is Mixed Use.
The Corridor Recommendation is Retail Commercial. The property owner is Sonthlake
Properties, Inc. The applicant is Terry Wilkinson. Ten written notices were sent to property
owners within the 200' notification area, and one response was received which was in favor.
Terry Wilkinson, 930 Park View, Southlake, Texas, presented this item to the Commission. He
stated that there will be an average of thirteen vehicles per day that will be generated from this site.
He asked the Commission to accept Staff Comment Item #2a as shown to allow the west driveway
at 194'. Regarding Item #2b, he asked that the currently approved east driveway be allowed on this
new concept plan. Regarding Item #2c, he asked that he be able to keep the right-in, right-ont
driveway. Mr. Wilkinson also asked that the Commission eliminate the requirement for throat depth
listed in item #2d. Regarding the bufferyard requirement listed in Item #3a, he asked the
Commission to allow him to keep the lot configuration as shown and eliminate the bufferyard
requirement in the common access easement and plant the required plantings elsewhere on the lot.
Commissioner Edmondson asked if there will be a security system on this site. Mr. Wilkinson stated
that he is asking for a unit for a night watchman, and there will be twenty-four hour video cameras
and a security company to do rounds at night.
Commissioner Edmondson asked Mr. Wilkinson if he intends to do a background check of
applicants. Mr. Wilkinson stated that he has recently joined the National and Texas Associations
of Self Storage Units, and it is his intent to hire one of training companies to come help him set up
service. He stated that he does not know exactly how that will work.
Commissioner Creighton stated that the "C-2" zoning district allows for gas stations, and she
questioned whether or not Mr. Wilkinson would be allowed, with approval of this concept plan, to
put in a gas station. Mr. Wilkinson stated that he would be willing to commit to not placing a gas
station at this site.
Commissioner LeVrier asked if the applicant intends to have lighting on the storage facility. Mr.
Wilkinson stated that he does intend to have lighting, but he was unsure of the exact type; he stated
that it will be contained within the facility.
Chairman Wright opened the public heating. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Commissioner Edmondson stated that if this was raw land, she would not be in favor of this zoning
request. She stated that she feels this concept plan is an improvement over what is currently
approved.
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Commissioner Murphy stated that he remembers this site was zoned for an industrial use even before
the current zoning was approved, so it is gradually going down in intensity.
Commissioner Creighton stated that there are some uses permitted in the "C-2" zoning district that
are questionable to her which are Items #21 (filling stations), #24 (frozen food lockers), #32
(restaurants, tea rooms, cafeterias) and #36 (tires, batteries, and automobile accessory sales); she
asked Mr. Wilkinson if he would agree to strike those permitted uses. Mr. Wilkinson stated that he
would strike Items #21 and #24, but he would like to keep his options open on restaurants and tire
and battery sales.
Chairman Wright stated that he thinks Mr. Wilkinson is thinking along the line of a store that sales
tires and batteries without any outside display or storage, and Mr. Wilkinson agreed saying that he
would consider something like a Western Auto store.
Commissioner Creighton stated that her concem with Item #36 is mainly regarding a Firestone-type
store that has open bays in which vehicles would be serviced on premises, and Planner Chris
Carpenter stated that type of use is restricted to the "I-1" or "C-4" zoning districts by S.U.P. only.
Commissioner Creighton stated that she is not as concerned about a Western Auto-type store in
which people would make a purchase and work on their own vehicle at another location.
Commissioner LeVrier asked if Mr. Wilkinson is considering placing a Ryder or U-Haul Truck
Rental use on this site, and Mr. Wilkinson stated that he does not intend to do that.
Motion was made to approve ZA97-047, subject to Concept Plan Review Smrrrnary No. 1, dated
May 2, 1997; deleting Items #2a, 2b, 2c, and 2d; modifying Item #3a deleting interior, west
landscape requirements on Lot 2 and placing the required plantings along Southlake Boulevard;
deleting Items #21 (filling stations) and #24 (frozen food lockers) from "C-2" zoning district and
deleting Item #5 (filling stations) from "C-I" zoning district.
Motion:
Second:
myesl
Nays:
Approved:
Murphy
Tate
Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 05-08-97, tape 1, section #2484)
AGENDA ITEM #15. ZA 97-048. SPECIFIC USE PERMIT FOR THE OUTSIDE STORAGE OF
RECREATIONAL VEHICLES:
Planner Chris Carpenter informed the Commission that the applicant's request is for a Specific Use
Permit for the outside storage of recreational vehicles on the property described as 4.57 acres situated
in the Thomas Easter Survey, Abstract No. 474, being a portion of Tract 3A. The property is located
south of Southlake Boulevard (F.M. 1709) and immediately east of Crooked Lane. The current
Planning and Zoning Commission Meeting Minutes on May 8, 1997 Page 21 of 24
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zoning is "S-P-2" Generalized Site Plan District with "O-1" Office District, "B-i" Business Service
Park District, and limited "I-1" Light Industrial uses. The Land Use Category is Mixed Use. The
Corridor Recommendation is Retail Commercial. The owner is Southlake Properties, Inc. The
applicant is Terry Wilkinson. Eight written notices were sent to property owners within the 200'
notification area, and one response was received which was in favor.
Terry Wilkinson, 930 Park View, Southlake, Texas, presented this item to the Commission.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Motion was made to approve ZA97-048 subject to Concept Plan Review Summary No. 1 (for
ZA97-047), dated May 2, 1997, with the same modifications as were made on ZA97-047.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Tate
Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 05-08-97, tape 1, section #2665)
AGENDA ITEM #16. ZA 97-049. SPECIFIC USE PERMIT FOR A RESIDENTIAL UNIT FOR
A NIGHT WATCHMAN OR CARETAKER:
Planner Chris Carpenter informed the Commission that the applicant's request is for a Specific Use
Permit for a night manager's apartment on the property described as 4.57 acres situated in the
Thomas Easter Survey, Abstract No. 474, being a portion of Tract 3A. The property is located south
of Southlake Boulevard (F.M. 1709) and immediately east of Crooked Lane. The current zoning is
"S-P-2" Generalized Site Plan District with "O-1" Office District, "B-l" Business Service Park
District, and limited "I-1" Light Industrial uses. The Land Use Category is Mixed Use. The
Corridor Reconunendation is Retail Commercial. The owner is Southlake Properties, Inc. The
applicant is Terry Wilkinson. Eight written notices were sent to property owners within the 200'
notification area, and one response was received which was in favor.
Terry Wilkinson, 930 Park View, $outhlake, Texas, presented this item to the Commission.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Motion was made to approve ZA97-049 subject to Concept Plan Review Summary No. 1 (for
ZA97-047), dated May 2, 1997, with the same modifications as were made on ZA97-047.
Motion: Jones
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Second: Edmondson
Ayes: Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Coinmission meeting, 05-08-97, tape 1, section #2804)
Chairman Wright called for a recess at 8:36 p.m.
Chairman Wright called the meeting back to order at 9:06 p.m.
AGENDA ITEM #5. SUBDIVISION ORDINANCE NO. 483-G. REVISIONS TO THE
THOROUGHFARE PLAN REFERENCES. AND OTHER MISCELLANEOUS ITEMS:
Subdivision Ordinance 483-G: Director Last lead a discussion regarding the miscellaneous items
proposed as revisions in the subdivision ordinance that were remaining after forwarding the park
dedication provisions to City Council. Director Last noted that this portion would be separated as
a new ordinance "483-G" and that they would be working from Draft One dated May 1, 1997.
Director Last and the Commission worked through each item with general agreement on all items.
Chairman Wright requested that on section 3.03.D.31 (Page 3-8) that staff look at possible
alternatives to having lienholders actually sign the plat and Director Last agreed that they would look
at alternatives.
Chairman Wright opened the public heating. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Motion was made to approve Ordinance 483-G with revisions discussed with staff.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Tate
Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton
None
7-0
Motion carried.
AGENDA ITEM #18. MEETING ADJOURNMENT:
The meeting was adjourned by Chairman Wright at 10:05 p.m. on May 15, 1997.
Chairman
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ATTEST:
Lori A. Farwell
Community Development Secretary
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