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REGULAR PLANNING AND ZONING
COMMISSION MEETING
August 21, 1997
COMMISSION PRESENT: Chairman Joe Wright; Vice-Chairman James Murphy; Commissioners
Ann Creighton, Debra Edmondson, Rob Jones, F. C. LeVrier, and Lanny Tate
COMMISSION ABSENT: None
CITY STAFF PRESENT: City Attorney Debra Drayovitch, City Engineer Ron Harper, Planner
Chris Carpenter, Planner Dennis Killough, and Community Development Secretary Lori Farwell
EXECUTIVE SESSION: The meeting was called to order Chairman Wright at 6:18 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. Drayoviteh
stated that there was no action necessary.
WORK SESSION: The work session was held to discuss agenda items by the Commission and the
staff.
The meeting was called to order by Chairman Wright at 7:08 p.m.
AGENDA ITEM #2. APPROVAL OF MINUTES:
Chairman Wright opened discussion of the minutes of the August 7, 1997, Regular Planning and
Zoning Commission meeting.
Motion was made to approve the August 7, 1997, Planning and Zoning Commission meeting
minutes, as amended in the Work Session.
Motion:
Second:
Ayes:
Nays:
Abstain:
Murphy
Tate
Creighton, Murphy, LeVrier, Tate, Jones, Murphy
None
Edmondson
Approved: 6-0-1
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 1, section #330)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
Planner Chris Carpenter reminded the Commission of the Land Use Plan meeting held in the Council
Chambers on August 28, 1997, beginning at 7:45 p.m.
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 1 of 19
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Chairman Wright stepped down for Agenda Item/34, and Vice-Chairman Murphy presided.
AGENDA ITEM #4. ZA 97-106. TIMARRON ADDITION - NORTHWOOD PARK. PHASE II:
This item was on consent agenda.
Motion was made to approve ZA 97-106, subject to Plat Review Summary No. 1, dated August 15,
1997.
Motion: Creighton
Second: Tate
Carolyn Morris, 403 St. Charles Court, $outhlake, Texas, stated her extreme concern about the
density of this subdivision. She submitted a petition from the residents of the Dominion which asked
the Commission to consider modifying the density of this subdivision.
dames Booth, 403 LaFayette, Southlake, Texas, stated his concern regarding the drainage from this
property.
Commissioner Edmondson stated that the Developer's Agreement for this property has yet to be
negotiated with City Council and suggested that the residents attend that City Council meeting to
voice their concerns about drainage.
Commissioner Creighton stated she hopes Mr. Booth's drainage concerns are addressed by the time
the Developer's Agreement for this item reaches City Council.
Ayes: Edmondson, LeVrier, Tate, Jones, Creighton, Murphy
Nays: None
Abstain: Wright
Approved: 6-0-1
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 1, section #584)
Chairman Wright resumed chairmanship of the meeting.
AGENDA ITEM #5. ZA97-064. SITE PLAN FOR SOUTHRIDGE CENTER:
Motion was made at the applicant's request to table ZA97-064 and to continue the Public Hearing
to the October 9, 1997, Planning and Zoning Commission meeting
Motion: Murphy
Second: Tate
Ayes: LeVrier, Tate, Jones, Creighton, Murphy, Edmondson, Wright
Nays: None
Approved: 7-0
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 2 of 19
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Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 1, section #601)
AGENDA ITEM #6. ZA 9%085. SITE PLAN FOR SOLANA PARK CIRCLE:
Motion was made at the applicant's request to table ZA97-085 and to continue the Public Heating
to the September 18, 1997, Planning and Zoning Commission meeting.
Motion: Murphy
Second: Tate
Ayes: Tate, Jones, Creighton, Murphy, Edmondson, LeVrier, Wright
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 1, section #618)
AGENDA ITEM #11. ZONING ORDINANCE NO. 480-BB:
Motion was made at the applicant's request to table Zoning Ordinance No. 480-BB, and to continue
the Public Hearing to the September 18, 1997, Planning and Zoning Commission meeting
Motion:
Second:
Ayes:
Nays:
Approved:
Tate
Jones
Jones, Creighton, Murphy, Edmondson, LeVrier, Tate, Wright
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 1, section #653)
AGENDA ITEM #7. ZA 97-089. SITE PLAN FOR OAKMONT PLAZA:
Planner Chris Carpenter informed the Commission that this item is for a Site Plan for Oakmont
Plaza, on property legally described as being Lot 3, Block 3, Diamond Circle Estates, an addition
to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-177,
Page 7, Plat Records, Tarrant County, Texas. The property is located at 316 East Southlake
Boulevard (F.M. 1709) on the northwest comer of the intersection of Diamond Boulevard and East
Southlake Boulevard (F.M. 1709). The current zoning is "O-1" Office District. The Land Use
Category is Mixed Use. The owner and applicant is 2 Diamond Ltd. Eleven (11) written notices
were sent to property owners within the 200' notification area, and five (5) responses were received
which were all opposed. Twenty-seven (27) responses outside the 200' notification area were
received and were all opposed.
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 3 of 19
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Commissioner Jones asked City staff to clarify Staff Comment Item//4 regarding the 4:1 slope
line. Planner Dennis Killough stated that the plan shows the 4:1 slope line based on grade
elevation and our Ordinance bases the 4:1 slope line on the entire site being a level plane.
Richard Myers (Realty Capital Corporation) 2425 Southlake Boulevard, Suite 50, Southlake, Texas,
presented this item to the Commission. He stated that he has met with the surrounding neighbors
two (2) times in the last few weeks. He stated that he reduced the number of windows on the north
side of the building from ten (10) to four (4). He stated that he brought the fire corridor inside the
building and eliminated the balcony. He stated that he met with the neighbors to the north and
conducted a "pole test" to show approximately how high the second floor windows would be in
relation to their houses and their backyards. As a result of that test, he stated that he increased the
number of plantings on the north and west side of the property and lengthened the berm on the west
side of the property. Mr. Myers stated that he has also eliminated all of the tall light poles and,
instead, will place 4' tall light bollards in the front and back of the property. He stated that he
reduced the height of the chimneys so that they are flush with the height of the roof in order to better
meet the requirements.
Commissioner Jones asked what type of glass Mr. Myers intends to use on the four (4) north
windows, and Mr. Myers stated that he intends to use clear glass. Mr. Myers stated that his intention
is to provide a green barrier of trees and landscaping instead of frosting those windows because,
financially, it is too risky to frost the second floor windows of a building that has multiple tenants.
Commissioner Creighton asked if Mr. Myers intends to frost the stairwell window, and he stated that
he did not intend to but stated that he will frost it if need be. He stated that due to the angle of the
stairs and the height of the window, it will be very difficult to see out that window without jumping
up to it.
Commissioner Tate asked what type of masonry Mr. Myers intends to use on the back and sides of
the building, and Mr. Myers stated that he intends to use brick.
Commissioner Jones asked if Mr. Myers will have adequate lighting in the back for employees who
may be working late and going out to their cars alone. Mr. Myers stated that he will have the 4' tall
light bollards and will have motion detector lights on the back of the building.
Commissioner Edmondson asked what type and size of accent trees Mr. Myers intends to have. He
stated that he intends to use 10' Mondell pines on top of the 4' berm. Mr. Myers stated that, actually,
with the 2' retaining wall, the 4' berm, and the 10' trees, he will have approximately 16' of screening.
Chairman Wright opened the public hearing.
Sara Mellinger, 919 EmeraM Boulevard, Southlake, Texas, stated that she still has five (5) major
concerns which are: the privacy of the residents north of this property, the safety concerns of the
stairwell and gate, the lighting being on at night, the safety of adding an additional driveway, and
the screening of the loading area. She asked the Commission to deny this request.
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 4 of 19
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Commissioner Creighton asked Ms. Mellinger to give her impression of the "pole test"
demonstration. Ms. Mellinger stated that she feels the people in the second floor offices will be able
to see directly into her house and her pool area. Ms. Mellinger said it was very obvious to her that
she would not have privacy. She stated that in the first meeting, her husband asked Mr. Myers if he
would purchase trees for his lot in order to provide more privacy, and Mr. Myers said he would think
about it. She stated that in the second meeting, Mr. Myers said that he was not willing to purchase
trees for the residents' property because of the guarantees involved.
Rich O'Day, 921 EmeraMBoulevard, Southlake, Texas, stated that he does not think this is the right
building for this site. He stated the problem with the trees used for privacy is that they don't
guarantee his privacy for the first five (5) or ten (10) years, and he does not think that is fair. He
stated that he should have guaranteed privacy immediately. He stated that he has concerns about
people loitering in the stairwell since it does not have a locking gate.
Don Tinkleman, 917 EmeraM Boulevard, Southlake, Texas, stated that his property is approximately
4' higher than the two (2) previous speakers' property, so it essentially negates the 4' berm. He
agreed with their concerns and asked that the Commission listen to the residents.
Chairman Wright closed the public hearing.
Commissioner Edmondson asked City staff to explain the maximum building height measurement
and explain why there is a discrepancy between the plan and the review. Mr. Killough stated that
what is shown as maximum building height on the plan is measured to the roof peak which is 42'.
Mr. Killough stated that the City's definition of height is based on the Uniform Building Code
(UBC) measurement which, on a pitched roof, is measured to the mid-point between the peak of the
roof and the plate line, and from that point, measured to the highest adjacent grade.
Vice-Chairman Murphy stated that for a resident to come look at our ordinance, they would conclude
that a maximum building height for a building in this district shall not exceed 35'. He stated that
perhaps in the future, the words "as measured by UBC," should be added to further clarify what that
measurement actually means.
Chairman Wright asked Mr. Myers if he would be willing to place individual awnings on the north
windows, which would be sloped in such a manner so that a person sitting at a desk could not see
past the top of the fence line on his property. Mr. Myers agreed to do so.
Mr. Myers stated that he would like to move some of the bufferyard trees right up next to the side
windows and angle them in such a manner as to block the view of Ms. Mellinger's property.
Commissioner Edmondson stated that she would like to get the privacy issue clearly resolved and
not leave anything to chance. She would like to increase the number and possibly increase the height
of the trees to assure the residents' privacy.
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 5 of 19
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Mr. Myers stated that once the building is framed and he knows exactly where the windows will go,
he can place the trees exactly in the sight line of the homes behind his property.
Chairman Wright asked Mr. Myers if he has thought about boxing or recessing the side windows in
order to obstruct the sight line.
Commissioner Jones stated that he thinks it is a better looking building with the chimney at the
height that was first presented instead of lowering it to the height of the roof, and the Commission
agreed.
Mr. Myers stated that he is willing to recess the three (3) side windows up to 1 ½ feet.
Regarding the driveway issue, Commissioner Jones asked Mr. Myers if he has had any new
conversations with Gary Yarborough of Remax recently, and Mr. Myers stated that he has not
spoken to Mr. Yarborough since the last Planning and Zoning meeting.
Vice-Chairman Murphy stated that the driveway, as presented, presents a huge safety issue and is
totally unacceptable.
Chairman Wright stated that if the Commission approves this application, it can make a
recommendation to the City Council that the City work with the applicant in trying to acquire an
access easement on the adjacent driveway. He stated that if there is any condemnation that might
have to take place, it could also be a recommendation that the developer pay for it.
Commissioner Edmondson asked Mr. Myers why he increased the number of parking spaces by
three (3) spaces, and he stated that since he has identified some of the space as being used for
medical purposes, he is required to add three (3) more spaces.
Commissioner Jones asked Mr. Myers if he would be willing to somehow lock the gate from the
outside and place panic hardware on it from the inside, and Mr. Myers stated that he would work it
out somehow and do that.
Vice-Chairman Murphy asked Mr. Myers how many and what type of trees are going to be placed
on the berm, and Mr. Myers stated that he has sixteen (16) accent trees (i.e. Mondell pines) and five
(5) canopy trees.
Commissioner Edmondson asked Mr. Myers if he would be willing to increase the number of accent
trees (i.e. Mondell pines) from six (6) to fifteen (15) on the west side, and he stated that he would
do that. Mr. Myers asked if he could reduce the number of canopy trees from ten (10) to six (6) on
the west side, and the Commission agreed.
Vice-Chairman Murphy asked Mr. Myers if he agrees to meet the articulation requirements, and he
stated that he will.
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 6 of 19
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Motion was made to approve ZA 97-089, subject to Site Plan Review Summary No. 2, dated August
15, 1997, requiring opaque glass in the stairwell window; requiring any lighting on the side or back
of the building to be motion sensitive and to be placed approximately between the first and second
floors; recessing or boxing the three (3) west windows on the second floor by approximately I ½
feet; requiring that awnings be placed on the four (4) north windows on the second floor; increasing
number of accent trees (to be Mondell pines) from six (6) to fifteen (15) on the west side; reducing
number of canopy trees from ten (10) to six (6) on the west side; requiring the clustering of trees
close to the windows on the west side; raising chinmeys back to original height; recommending that
the driveway be denied as submitted and, if the applicant is unable to acquire an off-site easement
on the adjacent west property, encouraging the City to negotiate the acquisition of an easement by
whatever process is required; and requiring the masonry to be brick and stone.
Motion: Murphy
Second: Creighton
Chairman Wright stated that his company did some work for Mr. Myers several years ago but it was
not enough to claim substantial interest in any of Mr. Myers' business, therefore, he will be voting
on this issue.
Ayes: Creighton, Murphy, Edmondson, LeVrier, Tate, Jones, Wright
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 1, section #3841)
Chairman Wright called for a recess at 8:54 p.m.
Chairman Wright called the meeting back to order at 9:07 p.m.
AGENDA ITEM #8. ZA 97-093. REZONING OF BROCK ADDITION:
Planner Chris Carpenter informed the Commission that this item is for a Zoning Change on property
legally described as the south 20' of 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. The property is located on Brock Drive, approximately 520' south of West
Southlake Boulevard (F.M. 1709). The Current Zoning is "CS" Community Service District. The
Requested Zoning is "SF-1A" Single Family Residential District. The Land Use Category is Low
Density Residential. The Corridor Recommendation is Residential. The Owner and Applicant is
E. I. Wiesman. Six (6) written notices were sent to property owners within the 200' notification area,
and one (1) response was received and was in favor.
E. I. Wiesman, 2607 Southlake Boulevard, $outhlake, Texas, stated that when he originally
purchased the property, he was not aware of the 20' in question. When he received the warranty
deed, he noticed that there was a 20' addition to his lot. He stated that it needs to be rezoned back
to "SF-1A".
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 7 of 19
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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 ZA 97-093.
Motion: Murphy
Second: Edmondson
Chairman Wright stated that he has no substantial interest in this case and will be voting.
Ayes: Murphy, Edmondson, LeVrier, Tate, Jones, Creighton, Wright
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 1, section #4105)
AGENDA ITEM #9. ZA 97-094. PLAT REVISION FOR THE PROPOSED LOTS 1R AND 3R.
BROCK ADDITION:
Planner Chris Carpenter informed the Commission that this item is for a Plat Revision for the
proposed Lots 1R and 3R, Brock Addition, being approximately 10.147 acres, and being a revision
of Lot 3R, J. O. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 2174, Plat Records, Tarrant County, Texas, and
Lots 1, 2, and 3, of the 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, and
a 0.015 acre tract of land out of the J. G. Allen Survey, Abstract No. 18, in the City of Southlake,
Tarrant 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 "CS" Community Service
District and "SF-1A" Single Family Residential District. The Land Use Category is Public/Semi-
Public and Low Density Residential. The Corridor Recommendation is Residential. The Owners
and the property are Southlake Church of Christ (Lot IR, Brock Addition) and E. I. Wiesman (Lot
3R, Brock Addition). The Applicant is Southlake Church of Christ. Eight (8) written notices were
sent to property owners within the 200' notification area, and no responses have been received.
Larry Stone, 2501 West Southlake Boulevard Southlake, Texas, presented this item to the
Commission. Mr. Stone stated that he has no problems with the Plat Review Summary.
Chairman Wright opened the public hearing.
E. ~ Wiesman, 2607 Southlake Boulevard Southlake, Texas, stated that he was not notified for this
application.
Chairman Wright closed the public hearing.
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 8 of 19
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Motion was made to approve ZA 97-094, subject to Plat Review Summary No. 1, dated August 15,
1997.
Motion: Murphy
Second: Tate
Chairman Wright stated that he has no substantial interest in this case and will be voting.
Ayes: Edmondson, LeVricr, Tate, Jones, Creighton, Murphy, Wright
Nays: None
Approved: 7~0
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 1, section #4620)
AGENDA ITEM #10. SIDEWALK ORDINANCE NO. 683:
City Engineer Ron Harper stated that the Parks and Recreation Board requested that the Public
Works Department prepare the Sidewalk Ordinance. Mr. Harper stated that Rome Kendall of the
Parks and Recreation Board will present this item and answer any questions the Commission may
have.
Ms. Kendall stated that the Parks and Recreation Board was approached by the City Council and
asked to draft a Sidewalk Ordinance. She stated that she and Mr. Harper decided that he would draft
the specifications, and she would draft the requirements.
Commissioner Edmondson asked how this ordinance would affect subdivisions that are currently
being built. Ms. Kendall stated that at the July 14, 1997, Park Board meeting, they made some
changes to this ordinance which are not reflected in the Commission's copy. Ms. Kendall stated that
Section 2.02.A. should read:
Sidewalks shall be required in all ............ ~ ......... t~ in
front of each new house on the interior lots, and along each street adjacent to a new house
constructed on a comer lot.
Commissioner Creighton asked how it will affect a "R-PUD" property, and Ms. Kendall stated that
she was unsure.
Vice-Chairman Murphy questioned what would be done on plat revisions. He also questioned what
other changes have been made and not reflected in the Commission's copy of the ordinance. Mr.
Harper stated that the only other change is regarding the alignment of the sidewalk; instead of being
parallel to the curb, a sidewalk can be "meandering," in order to avoid the removal of trees.
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 9 of 19
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Chairman Wright stated that the "presiding body" referred to in Section 3.01 .A., should be changed
to the "Director of Public Works" or "the building official," because that person can actually visit
the site to determine how the sidewalk needs to be built.
Commissioner Creighton asked Mr. Harper if the specifications address the issue of concrete not
being level from one house to the next due to being built at different times. Mr. Harper stated that
the specifications due not address that issue specifically, but he does not feel that it is an issue that
needs to be made a part of this ordinance.
Regarding Section 2.02.B., Chairman Wright suggested that the builder, not the developer, be
required to install the sidewalk as to ensure a more intact sidewalk for the homeowner.
Regarding Section 2.01.C., Vice-Chairman Murphy stated that it should be made clear that in areas
where the City's Trail System Master Plan call for greater sidewalk widths than 4', those standards
should be adhered to.
Commissioner Tate asked if the reason for the Sidewalk Ordinance is to bring the City in
conformance with the Trail System Master Plan, and Ms. Kendall stated that is not the primary
reason.
Vice-Chairman Murphy stated that maybe there should be a Sidewalk Master Plan drafted.
Commissioner Edmondson stated that she does not think there needs to be a Sidewalk Master Plan
but that the Commission needs to give Ms. Kendall some direction on what they are looking for in
an ordinance.
Commissioner Jones asked if this ordinance would require a property owner who is erecting a single
home on one (1)or two (2) acres to build a sidewalk or trail. Ms. Kendall stated that this ordinance
would require them to build either a sidewalk or trail, depending on whether or not the property
fronts a master trail. Commissioner Jones stated that he does not think the City should start requiring
individual homeowners to build their Trail System Master Plan.
Chairman Wright stated that he does not think the City can require more of a property owner than
what is going to benefit the property owner directly.
City Attorney Debra Drayovitch stated that, depending on the circumstances, requiting a single
homeowner to put in an 8' trail might be cause for them to challenge that requirement.
Commissioner Edmondson stated that Section 2.01.B. is extremely vague and needs more definition
and criteria.
Vice-Chairman Murphy stated that maybe there needs to be a minimum number of homes affected
in order to require a sidewalk or trail.
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 10 of 19
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Commissioner Edmondson suggested that possibly sidewalks should only be required in major
subdivisions which are five (5) or more lots.
Commissioner Creighton stated that she would like to require sidewalks in both major and minor
subdivisions because she foresees a problem in which someone with six (6) lots could argue the
point that the four (4) lot subdivision was exempted.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Ms. Kendall stated that if this item is going to be tabled, the Parks and Recreation Board would like
time to review it before it reams to the Planning and Zoning Commission. She also invited anyone
from the Commission who would like to work on revising the ordinance to let her know.
Commissioners Creighton and Edmondson both stated that they would like to assist Ms. Kendall.
Motion was made to table and to continue the Public Hearing to the September 18, 1997, Planning
and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Tate
LeVrier, Tate, Jones, Creighton, Murphy, Edmondson, Wright
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 2, section #366)
AGENDA ITEM #12. ZA 97-103. REZONING:
Planner Chris Carpenter informed the Commission that this item is for a Zoning Change on property
legally described as approximately 3.99 acres situated in the O. W. Knight Survey, Abstract No. 899,
and being Tract 2B 1.The property is located on the northeast comer of the intersection of Lilac Lane
and Pine Drive. The Current Zoning is "AG" Agricultural District. The Requested Zoning is "SF-
lA" Single Family Residential District. The Land Use Category is Low Density Residential. The
Owner is Sandra Kay Talley. The Applicant is Brad Barrington. Fourteen (14) written notices were
sent to property owners within the 200' notification area, and one (1) response was received and was
undecided.
Brad Barrington presented this item to the Commission and stated that they intend to build a house
on this property.
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 ZA 97-103.
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 11 of 19
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Motion: Tate
Second: Jones
Chairman Wright stated that his company will be doing some work for Mr. Barrington in Roanoke,
but since Mr. Barrington is the applicant and not the owner on this case, he (Chairman Wright) will
be voting.
Ayes: Tate, Jones, Creighton, Murphy, Edmondson, LeVrier, Wright
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 2, section #474)
AGENDA ITEM #13. ZA 97-104. PLAT SHOWING OF LOTS 7 AND 8. O. W. KNIGHT NO. 899
ADDITION:
Planner Chris Carpenter informed the Commission that this request is for a Plat Showing of Lots 7
and 8, O. W. Knight No. 899 Addition, being approximately 3.99 acres situated in the O. W. Knight
Survey, Abstract No. 899, and being Tract 2B1. The property is located on the northeast comer of
the intersection of Lilac Lane and Pine Drive. The Current Zoning is "AG" Agricultural District.
The Land Use Category is Low Density Residential. The Owner is Sandra Kay Talley. The
Applicant is Brad Barrington. Four'~een (14) written notices were sent to property owners within
the 200' notification area, and one (1) response was received and was undecided.
Brad Barrington presented this item to the Commission. He stated that he had not seen the Plat
Review Summary and asked that he have time to review the comments.
Chairman Wright stated that the Commission would set this item aside temporarily and hear the next
case in order to give Mr. Barrington time to read the comments.
Chairman Wright stepped down for Agenda Item #14, and Vice-Chairman Murphy presided.
AGENDA ITEM #14. ZA 97-105. REVISED PRELIMiNARY PLAT FOR TIMARRON
ADDITION - WYNDSOR GROVE. PHASE II:
Planner Chris Carpenter informed the Commission that this request is for a Revised Preliminary Plat
for Timarron Addition-Wyndsor Grove, Phase II, legally described as being approximately 27.206
acres situated in the O.W. Knight Suryey, Abstract No. 899, and being a portion of Tracts 8F 1, 8H,
and 8H1. This plat proposes sixty-one (61) residential lots and two (2) common greens. The
property is located on the northwest comer of the intersection of Byron Nelson Parkway and East
Continental Boulevard. The Current Zoning is "R-PUD" Residential Planned Unit Development
District. The Land Use Category is Medium Density Residential. The Owner and Applicant is
Westerra - Timarron, L.P. Twenty-three (23) written notices were sent to property owners within
the 200' notification area, and one (1) response was received and was in favor and one (1) was
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 12 of 19
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received and was undecided. Four (4) responses outside the 200' notification area were received
and three (3) were undecided and one (1) was opposed.
Commissioner Jones stated that he noticed several of the resident responses involved the issue of
drainage and questioned whether that problem has been rectified
City Engineer Ron Harper stated that most of the concerned residents live in the Dominion. He
stated that the Dominion drainage was designed by Goodwin & Marshall, who were given the
proposed density figures of the surrounding properties to the north and east. He stated that some
of the drainage easements in the Dominion have been filled in or built upon, which dramatically
changes the flow of water.
Todd Janssen (Caner & Burgess, Inc.) 7950 Elmbrook Drive, Suite 250, Dallas, Texas, asked for
the Commission to delete Staff Comment Item #10. He stated that they can provide some type
of desiltation device before the drainage leaves the property on the west side. He stated that he
will need to meet with the City Engineer to determine exactly what type of desiltation area will
be provided.
Vice-Chairman Murphy opened the public hearing.
Carolyn Morris, 403 St. Charles Court, Southlake, Texas, stated that she is very concerned about
the drainage problem in this area. She stated that the ponds in the Dominion are filled with silt and
mud from the river of water coming from the Wyndsor Grove subdivision. She wants a guarantee
that the drainage will be controlled. She stated that people are getting mud in their pools from the
large amount of drainage coming from Wyndsor Grove.
Rick Parker, 404 Bayou Vista, Southlake, Texas, agreed with Ms. Morris and is very concerned with
the drainage. He submitted a petition from the Dominion residents which asks the Commission to
really look at the drainage situation before approving this plat.
Kerry Brennan, 811 Dominion Drive, Southlake, Texas, stated that he has four (4) children and that
he is very concerned with their safety living around this much water. He stated that the amount of
silt and debris that are in the drainage is a very big problem; he is constantly picking up garbage
which came from the drainage.
David $imonak, 407 LaFayette Park, Southlake, Texas, stated that the silt is a big problem during
construction, but he is more concemed with the continuing drainage problem after construction. He
asked the Commission to please address the problem before approving this plat.
James Booth, 403 LaFayette Park, Southlake, Texas, stated that his lot is at the very end of a large
funnel of water.
Mr. Janssen stated that the drainage easement shown on LaFayette Court was designed to take the
flow of water from the Wyndsor Grove site and run it into the pond. Commissioner Edmondson
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 13 of 19
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asked if he is increasing the flow of water that is going into the Dominion, and Mr. Janssen stated
that is correct. Commissioner Edmondson stated that she did not think they were allowed to do that.
Mr. Harper stated that the City's Drainage Ordinance requires the downstream developer to take into
account and to design his flows to carry the ultimately developed flow from upstream, and Goodwin
& Marshall did that.
Vice-Chairman Murphy stated that the City allowed a pipe to run to daylight in the northwest comer
of this property which, in turn, has carded silt in sheet flows across the pasture and into the
Dominion's pond. Mr. Harper stated that the City Manager, Curtis Hawk, and Steve Yetts, Westerra-
Timarron, L.P., have met to discuss the silt problem.
Mr. Booth asked Mr. Harper if he thinks the calculations that Goodwin & Marshall did when
developing the Dominion are still accurate, and Mr. Harper said that he does, but since so many
concerns have been raised tonight, he will look at those calculations again.
Conunissioner LeVrier asked Mr. Janssen how much erosion he anticipates due to the speed of the
water in the drainage easement on LaFayette Court. Mr. Janssen stated that if it exceeds an erosive
velocity, they will take measures to control the erosion either by placing an energy dissipator at the
end of the headwall or by placing some type of a rip-rap that is more aesthetically pleasing to the
homeowners. Mr. Harper stated that he will again express these concerns to the City Manager.
Commissioner Edmondson stated that she is very uncomfortable that the water is gushing out in one
spot. She feels that either this item should be tabled until after the meeting between Mr. Hawk and
Mr. Yetts, or she would like to give the homeowners a guarantee that this problem will be rectified.
Commissioner LeVrier stated that this is a life safety concern due to the number of children in the
area and the amount and force of water coming through this easement.
Vice-Chairman Murphy closed the public hearing.
Commissioner Edmondson stated that she is very concerned about the dumping of water from one
development to another. She feels that there are many unresolved issues.
Commissioner Creighton stated that it is a question of how to balance the issues: on the one hand,
the sooner the required utilities are constructed on Timarron's property, the sooner the resolution to
the drainage problem is addressed; and on the other hand, she is very concerned about the safety of
the children in the neighborhood.
Motion was made to approve ZA 97-105, subject to Plat Review Summary No. 1, dated August 15,
1997, deleting Item #10 (centerline of Wentwood Drive).
Motion: Tate
Second: LeVrier
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 14 of 19
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Commissioner LeVrier stated that he seconded this motion but wanted to emphasize that it better
work.
Commissioner Jones agreed with Commissioner LeVrier's statement and stated that he has
confidence in the City staffand that they indeed will make it work.
Ayes: Jones, LeVrier, Tate, Murphy
Nays: Creighton, Edmondson
Abstain: Wright
Approved: 4-2-1
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 2, section #2918)
Chairman Wright resumed chairmanship of the meeting.
Agenda Item #13 was continued from earlier in the evening.
AGENDA ITEM #13. ZA 97-104. PLAT SHOWING OF LOTS 7 AND 8. O. W. KNIGHT NO. 899
ADDITION:
BradBarrington stated that he has read the Plat Review Summary and has no problems with any of
the comments.
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 ZA 97-104, subject to Plat Review Summary No. 1, dated August 15,
1997.
Motion: Jones
Second: Murphy
Chairman Wright stated that he has no substantial interest in this case and will be voting.
Ayes: Creighton, Murphy, Edmondson, LeVrier, Tate, Jones, Wright
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 2, section #3012)
Chairman Wright called for a recess at 11:46 p.m.
Chairman Wright called the meeting back to order at 12:00 a.m.
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 15 of 19
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AGENDA ITEM #15. ZA 97-107. REZON1NG:
Planner Chris Carpenter informed the Commission that this request is for a Zoning Change on
property legally described as approximately 1.1719 acres situated in the John A. Freeman Survey,
Abstract No. 529, and being Tracts 4Al and 4A4. The property is located at 710 South Kimball
Avenue approximately 430' north of the intersection of South Kimball Avenue and Crooked Lane.
The Current Zoning is "AG" Agricultural District. The Requested Zoning is "O-1" Office District.
The Land Use Category is Low Density Residential. The Owner is JAMB, Enterprises. The
Applicant is Secure Source, Inc. Ten (10) written notices were sent to property owners within the
200' notification area, and no responses have been received.
Dave McAstro (President of Secure Source, Inc.) stated that his company is a security consulting
firm, and that they are looking to purchase this property contingent upon rezoning. He stated that
there is currently a house on the property which has already been remodeled to serve as an office
building. He stated that they do not have much traffic at all and most of their business is in Dallas
or is out of state. He stated that the company has five (5) employees.
Chairman Wright opened the public heating.
Carolyn Holder (Coldwell Banker) stated that, to the best of her knowledge, a previous rezoning
request was denied on this property because of the large mount of traffic that was to be generated
by that business. She stated that a previous owner already restructured the inside of the house to be
offices.
Chairman Wright closed the public hearing.
Vice-Chairman Murphy asked if City staff encouraged the applicant to apply for "S-P-1" zoning
instead of a blanket zoning such as "O-1." Planner Dennis Killough stated that based upon what was
shown to staff prior to submittal, staff did not encourage "S-P-1" zoning.
Chairman Wright stated that across Kimball Avenue is existing residential and if the Commission
approves this "O-1" zoning and Secure Source, Inc., goes out of business, then any "O-1" use can
come in, remove the house and build another office building right next to the residential.
Chairman Wright stated that he would vote for an "S-P-l" zoning request and asked the applicant
if he would be willing to return with an "S-P-l" request. Mr. McAstro stated that he would need to
consult with his attorney to understand the ramifications of that zoning. He stated that he would
need to know how restrictive it would be.
Motion was made to approve ZA 97-107.
Motion:
Second:
Ayes:
Nays:
Edmondson
Creighton
Murphy, Edmondson, LeVrier, Jones, Creighton
Tate, Wright
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 16 of 19
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Approved: 5-2
Motion carried.
(Planning and Zoning Connnission meeting, 08-21-97, tape 2, section #4290)
AOENDA ITEM #16. ZA 97-108. REVISED SITE PLAN FOR CARROLL HIGH SCHOOL:
This item was tabled due to the fact that there was no one present to represent it to the Commission.
Motion was made to table ZA 97-108 and to continue the Public Hearing to the September 4, 1997,
Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Creighton
Edmondson, LeVrier, Tate, Jones, Creighton, Murphy, Wright
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 2, section #4397)
AGENDA ITEM #17. ZA 97-109. ZONING AND REVISED CONCEPT PLAN FOR SAINT
LAURENCE EPISCOPAL CHURCH:
Planner Chris Carpenter informed the Commission that this request is for a rezoning of property
legally described as being approximately 2.813 acres situated in the Samuel Freeman Survey,
Abstract No. 525, and being Tract 5B5, and a revised concept plan on property described as being
5.704 acres and being Lot 1, Block A, Saint Laurence Episcopal Church Addition an addition to the
City of Southlake, Tarrant County, Texas according to the plat recorded in Volume 388-213, Page
36, Plat Records, Tarrant County, Texas and Tract 5B5 in the Samuel Freeman Survey Abstract No.
525. The property is located at 529 North Kimball Avenue approximately 1,230' north of the
intersection of State Highway 114 and North Kimball Avenue. The Current Zoning is "AG"
Agricultural District. The Requested Zoning is "CS" Community Service District. The Land Use
Category is Mixed Use. The Owner and Applicant is Saint Laurence Episcopal Church. Fourteen
(14) written notices were sent to property owners within the 200' notification area, and one (1)
response was received and was in favor.
Mike Peacock presented this item to the Commission and stated that he has no problems with any
of the Staff Comments. He stated that even though there have been two (2) portable buildings
approved through the Zoning Board of Adjustment for Grapevine-Colleyville Independent School
District, the school is not going to use those two (2) buildings. He stated that Item #11 requests him
to show the buildings on the Concept Plan, but he stated that they are not currently on site.
Commissioner Edmondson asked if Mr. Peacock has contacted the Landscape Administrator yet (as
requested in the review letter), and Mr. Peacock stated that he already has an appointment on August
22, 1997, at 8:00 a.m.
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 17 of 19
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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 ZA 97-109, subject to Concept Plan Review Summary No. 1, dated
August 15, 1997.
Motion: Jones
Second: Tate
Chairman Wright stated that he has no substantial interest in this case and will be voting.
Ayes: LeVrier, Tate, Jones, Creighton, Murphy, Edmondson, Wright
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 2, section #4861)
AGENDA ITEM #18. ZA 97-110. PLAT REVISION FOR THE PROPOSED LOT 1R. BLOCK A.
SAINT LAURENCE EPISCOPAL CHURCH ADDITION:
Planner Chris Carpenter informed the Commission that this request is for a Plat Revision for the
proposed Lot IR, Block A, Saint Laurence Episcopal Church Addition, being a revision of Lot 1,
Block A, Saint Laurence Episcopal Church Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Volume 388-213, Page 36, Plat Records, Tarrant
County, Texas, and Tract 5B5 situated in the Samuel Freeman Survey, Abstract No. 525, being a
total of 5.704 acres. The property is located at 519 North Kimball Avenue approximately 1,230'
north of the intersection of State Highway 114 and North Kimball Avenue. The Current Zoning is
"AG" Agricultural District (Tract 5B5, Samuel Freeman Survey, Abstract No. 525) and "CS"
Community Service District (Lot 1, Block A, Saint Laurence Episcopal Church Addition). The Land
Use Category is Mixed Use and Public/Semi-Public. The Owner and Applicant is Saint Laurence
Episcopal Church. One (1) written notice was sent to property owners within the 200' notification
area, and no responses have been received.
Mike Peacock presented this item to the Commission and stated that he will verify the location of
the drainage easement and correct it on the plan.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Motion was made to approve ZA 97-110, subject to Plat Review Summary No. 1, dated August 15,
1997.
Motion: Murphy
Second: Edmondson
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 18 of 19
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Ayes: Tate, Jones, Creighton, Murphy, Edmondson, LeVrier, Wright
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-21-97, tape 2, section #5022)
AGENDA ITEM #19. ZA 97-111. REZON1NG:
Vice-Chairman Murphy stated that due to Case Resolution No. 97-22, ZA 97-111, will not be heard
on this agenda and is continued to September 4, 1997, with a Public Heating.
AGENDA ITEM #20. MEETING ADJOURNMENT:
The meeting was adjourned at 12:50 a.m. on August 21, 1997.
(Planning and Zoning Commission meeting, 08-21-97, tape 2, section #5077)
Joe Wright c,
Chairman
ATTEST:
Loft A. Farwell
Community Development Secretary
Planning and Zoning Commission Meeting Minutes on August 21, 1997 Page 19 of 19
THE STATE OF TEXAS
COUNTY OF --'~c( c
make this affidavit and hereby on oath state the following: I, and/or a person or persons related
to me, have a substantial interest in a business entity that would be peculiarly affected by a vote
or decision of the 7~ ~'~ [G (e ~ Z/~}~ [0~-- as those terms are defined in
Chapter 171, Texas Local Government Code.
The business entity is
(address)
I have a substantial interest in this business entity for the following reasons: (check all which are
applicable)
Ownership of 10% or more of the voting stock or shares of the business entity.
__.Ownership of 10% or more or $5,000 or more of the fair market value of the
business entity.
Funds received fi'om the bu~ess entity exceed 10% of gross income for the
previous year.
Real property is involved and have an.
equitable or legal ownership with a fair market value of at least $2,500.
A relative of mine has a substantial interest in the business entity or property that
would be affected by a decision of the public body of which I am a member.
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on
any decision involving this business entity and fxom any further participation on this matter
whatsoever.
Signedthis ,~1~ dayof /~u~5'~ ,19'1~ ~.
Signature of O~/cial - ~
Title
on oath stated that the facts hereinabove stated are tree to the best of._~ knowledge or
belief.
Sworn to and subscribed to before me on this ~ I'¢~ day of ~
,19q?
My Commission Expires:
3-/~/-~
Notary Pubiic ~ an~i for the State of Texas
Type/Print Notaxy's Name
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