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1997-09-18 P&Z Meeting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 REGULAR PLANNING AND ZONING COMMISSION MEETING September 18, 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, Capital Projects Coordinator Shawn Poe, Senior Planner Dennis Killough, Planner Stefanie Sarakaitis, and Community Development Secretary Lori Farwell EXECUTIVE SESSION: The meeting was called to' order Chairman Wright at 6:15 p.m. to announce that the Commission would be going into Executive Session. The meeting was called back to order by Chairman Wright at 6:44 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. 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 7:03 p.m. AGENDA ITEM #2. APPROVAL OF MINUTES: Chairman Wright opened discussion of the minutes of the September 4, 1997, Regular Planning and Zoning Commission meeting. Motion was made to approve the September 4, 1997, Planning and Zoning Commission meeting minutes as presented. Motion: Murphy Second: Tate Ayes: Creighton, Murphy, Edmondson, LeVrier, Tate, Jones, Wright Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 09-18-97, tape 1, section #208) AGENDA ITEM #3. ADMINISTRATIVE COMMENTS: There were no comments from City staff or the Commission. Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 1 of 15 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 These items were on Consent Agenda and were approved with one motion. AGENDA ITEM #4. ZA97-125. FINAL PLAT FOR TIMARRON ADDITION - WYNDSOR CREEK. PHASE II. AND AGENDA ITEM #5. ZA97-126. FINAL PLAT FOR TIMARRON ADDITION - BRYSON SQUARE, PHASE II: Motion was made to approve ZA97-125 and ZA97-126 subject to Plat Review Summary No. 1, dated September 12, 1997. Motion: Second: Ayes: Nays: Abstain: Murphy Tate Murphy, Edmondson, LeVrier, Tate, Jones, Creighton None Wright Approved: 6-0-1 Motion carried. (Planning and Zoning Commission meeting, 09-18-97, tape 1, section #243) AGENDA ITEM #6. ZA 97-085. SOLANA PARK CIRCLE: Motion was made at the applicant's request to table ZA97-085 to a future date and to readvertise when the date has been determined. Motion: Second: Ayes: Nays: Approved: Murphy Edmondson Edmondson, LeVrier, Tate, Jones, Creighton, Murphy, Wright None 7-0 Motion carried. (Planning and Zoning Commission meeting, 09-18-97, tape 1, section #274) AGENDA ITEM #7. ZA 97-081. SITE PLAN ON THE PROPOSED LOT 2. COMMERCE SOUARE: Motion was made at the applicant's request to table ZA97-081 and to continue the Public Hearing to the October 9, 1997, Planning and Zoning Commission meeting Motion: Murphy Second: Creighton Ayes: LeVrier, Tate, Jones, Creighton, Murphy, Edmondson, Wright Nays: None Approved: 7-0 Motion carried. Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 2 of 15 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (Planning and Zoning Commission meeting, 09-18-97, tape 1, section #294) AGENDA ITEM #10. 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 October 23, 1997, Planning and Zoning Commission meeting Motion: Tate Second: Jones Ayes: Tate, Jones, Creighton, Murphy, Edmondson, LeVrier, Wright Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 09-18-97, tape 1, section #317) AGENDA ITEM #8. ZA 97-108. REVISED SITE PLAN FOR CARROLL HIGH SCHOOL: Planner Stefanie Sarakaitis informed the Commission that this request is for a Revised Site Plan for Carroll High School, on property legally described as being Lot 1, Block 1, Carroll High School Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 1460, Plat Records, Tarrant County, Texas, and being approximately 54.6152 acres situated in the R.J. Paden Survey, Abstract No. 1255. The property is located on the southeast comer of the intersection of West Southlake Boulevard (F.M. 1709) and South Peytonville Avenue. The Current Zoning is "SP-1" Detailed Site Plan District with "CS" Community Service District uses. The Land Use Category is Public/Semi-Public. The owner and applicant is Carroll I.S.D. In the first notification, thirty-five (35) notices were sent to property owners within the 200' notification area, and no responses were received. In the second notification, thirty-five (35) notices were sent to property owners within the 200' notification area, and thirteen (13) responses were received which were all opposed. Sixteen (16) responses outside the 200' notification area were received and were all opposed. A petition with fifty-seven (57) signatures was received with eight (8) being inside the 200' notification area and all were opposed. A petition with twenty-one (21) signatures was also received with four (4) being inside the 200' notification area, and seventeen (17) being outside and all were opposed. Brent Kline (Total Program Management) 128 E. Texas Street, Southlake, Texas; Steve Johnson (Assistant Superintendent of Carroll ~ S.D. - in charge of construction); and Robert Howman (Glenn Engineering) presented this item to the Commission. Mr. Kline reviewed the items in which the Commission asked him to evaluate further at the last meeting. He stated that by moving the practice fields to the east, he can save 60' of trees in the center of the south portion of the property. Mr. Kline stated that their drawings have been modified to reflect tree wells around the trees in the northwest comer of the parking lot. He asked that they be allowed to remove 50% of the accent trees and shrubs required on the east and south property lines and relocate them to Peytonville Avenue which does not require a bufferyard at all. Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 3 of 15 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Edmondson asked if Mr. Kline would be willing to plant Mondell pines along the east and south property lines in order to better buffer the residential properties, and Mr. Kline stated that he would agree to do that. She asked if Mr. Kline would agree to take 100% of the cost of accent trees and shrubs and instead put it towards more Mondell pines on the east and south property lines, and he agreed to that. Regarding the "Future Indoor Work Out Center," Mr. Kline stated that they will use some of the same brick banding that is used on the existing building in order to keep the same character. Commissioner LeVrier asked Mr. Kline if he intends to correct all of the drawings to reflect the preservation of the large group of trees on the south side, and Mr. Kline said that they will correct all of the drawings. Commissioner Edmondson asked the applicant if they will abide by the new Tree Preservation Ordinance which is currently being drafted, and Mr. Johnson stated that tentatively he will agree and give City Council a more definitive answer after he reviews the new ordinance. Chairman Wright opened the public hearing. Donna Dant, 1406 Cambridge Crossing, Southlake, Texas, wanted to know how tall the athletic building will be, and Mr. Kline stated that it will be a one (1) story structure approximately 25' at the eaves and 28'-29' at the peak. Stacy Mims, 611 Boardwalk, Sou&lake, Texas, questioned which plan the school district intends to follow. She has seen three (3) completely different plans, Mr. Johnson stated that the plan on record is the plan the Commission is discussing tonight. She also asked what the "Future Indoor Work Out Center" will be used for, and Mr. Johnson stated that it will be used for the drill team, the wrestling team, and for volley practice among others. Brandon Baker, 620 S. Peytonville, Southlake, Texas, stated that he still cannot get a definite answer regarding whether or not the stadium will be at this location. He asked how many parking spaces there will be at build out, and Mr. Kline stated that there will be 2,000 and that there are 1,200 currently in place. He stated his concern regarding the amount of concrete intended for this site and its impact on drainage on his property. Tammy Finn, 1404 Cambridge Crossing, Southlake, Texas, stated her concem that there is not enough space for the 20' bufferyard and the pond on the east side of the school's site. She questioned if the school will be required to do the 20' bufferyard. Ted Berg, 1418 Park Place, Sbuthlake, Texas, questioned if the school district could be required to also place a berm along the east and south property lines in the bufferyards. Chairman Wright asked Mr. Kline if he would consider placing a berm in the open areas where there are currently no trees, and he stated that he would agree to a berm in the open areas. Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 4 of 15 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Gay Burns, 1410 Park Place, Southlake, Texas, asked for clarification on the location of the berms and trees the applicant has agreed to put in the bufferyard. Chairman Wright stated that the applicant has agreed to put a berm with trees on it in the areas where there are no existing trees. Chairman Wright closed the public hearing. Chairman Wright stated that since the channel is already on the east property line, he feels like the Commission should allow the school to put their bufferyard landscaping on the west side of the channel. Commissioner Edmondson asked if the applicant would put a berm with plantings on the east property line all the way up to Southlake Boulevard, and Mr. Kline stated that he would. Commissioner Jones asked for clarification on the accent trees and shrubs for the east and south property lines, and Mr. Kline understood that the Commi'ssion wanted 100% of the money that was to be spent on accent trees and shrubs to instead be spent on Mondell pines. Commissioner Creighton questioned the possibility of there not being a stadium on this site and whether or not the school should be required to put some plantings along Peytonville Avenue. Mr. Johnson stated that he agrees there should be some plantings along Peytonville Avenue and that the school district will commit to putting some plantings there anyway. Motion was made to approve ZA97-108 subject to Site Plan Review Stmunary No. 3, dated September 12, 1997, with the following amendments: · deleting Item #4b (50% of the required accent trees and 100% of the shrubs for east and south bufferyards be placed along Peytonville Avenue); · deleting Item #6 in its entirety (driveways); · requiring the applicant to revise Site Plan to show grove of trees in the center of the south portion of the property as they are today; · noting the applicant's agreement that 100% of the cost of canopy trees, accent trees, and shrubs in the east and south bufferyards will instead be used for Mondell pines in the east and south bufferyards; · allowing the bufferyard plant materials along the east to be located on the west side of the channel; · requiring a 4' berm in open areas along south property line and along the east property line north of the drainage channel in a manner not to affect detention; · accepting the applicant's commitment to follow the current Tree Preservation Ordinance and their willingness to consider following the proposed Tree Preservation Ordinance once they have reviewed it; · noting the applicant's commitment to plant along Peytonville Avenue; · noting that 1:5 parking ratio is a part of the existing zoning and is not to change, and · deleting Items #10a and 10b (building elevations). Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 5 of 15 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Motion: Jones Second: Murphy Commissioner Creighton thanked the public for their input on this item and asked that they understand that it is not the decision of the Planning and Zoning Commission where the stadium belongs. Commissioner LeVrier thanked the school district for responding to the Commission's requests at the last meeting. He stated that he appreciates what the school district has done and feels that it is a first step in the right direction. Ayes: Jones, Creighton, Murphy, Edmondson, LeVrier, Tate, Wright Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 09-18-97, tape 1, section #3066) AGENDA ITEM #9. ZA 97-111. REZONING: Planner Stefanie Sarakaitis informed the Commission that this item is for a Zoning Change on property legally described as approximately 9.814 acres situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract SA. The property is located at 503 W. Highland Street approximately 400' east of the intersection of Shady Oaks Drive and West Highland Street. 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 are J. Randall and Ten'i G. Keene. The Applicant is Hughes & Associates. Twelve (12) notices were sent to property owners within the 200' notification area, and four (4) responses were received, with two (2) being opposed, one (1) being in favor and one (1) being undecided. Steven Hughes (Hughes and Associates) presented this item to the Commission. He stated that Mr. Keene wants to put one (1) home (his own home) on the east property and wants to sell the other half of the property for one (1) additional home. He asked if there is a zoning district in between "RE" Residential Estate District and "SF-1A" Single Family Residential District, and City staff stated that there was not. Mr. Hughes stated that the western portion is approximately 4.76 acres, and the eastern portion is approximately 5.05 acres. Chairman Wright opened the public hearing. No one in the audience stepped forward to speak. Chairman Wright closed the public heating. Motion was made to approve ZA97-111. Motion: Second: Ayes: Murphy Creighton Creighton, Murphy, Edmondson, LeVrier, Tare, Jones, Wright Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 6 of 15 ,---1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 09-18-97, tape 1, section #3410) Chairman Wright called for a recess at 8:40 p.m. Chairman Wright called the meeting back to order at 8:55 p.m. Chairman Wright stated that Agenda Item #11 will be delayed until later in the evening due to the spokesperson having a conflict of scheduling. AGENDA ITEM #12. ZA 97-118. REZONING AND CONCEPT PLAN FOR A SENIOR CENTER: Planner Stefanie Sarakaitis informed the Commission that this item is for a Zoning Change on property legally described as being approximately 14.772 acres situated in the Obediah W. Knight Survey, Abstract No. 899. A Concept Plan for a Senior Center will be considered with this request. The property is located south of East Southlake Boulevazd (F.M. 1709), west and adjacent to Byron Nelson Parkway, and approximately 1,400' east of South White Chapel Boulevard. The Current Zoning is "R-P.U.D." Residential Planned Unit Development and "AG" Agricultural District. The Requested Zoning is "CS" Community Service District. The Land Use Categories are Low Density Residential, Medium Density Residential, and 100 Year Flood Plain. The Corridor Recommendation is Residential. The Owner and Applicant is City of Southlake. Seven (7) written notices were sent to property owners within the 200' notification area, and no responses have been received. Shelli Siemer (Community Services Coordinator for the City of Southlake) stated that this is an existing house that will be renovated to be a Senior Center. She stated that the facility will serve as a temporary facility for the seniors, but the City of Southlake will continue to use it beyond the years that the seniors will use it. She estimated that the seniors will use this facility for approximately three (3) to five (5) years. She stated that the changes will include making the house handicapped accessible and expanding the house by approximately 1,000 s.f. Ms. Siemer stated that they are trying to accomplish this with 100% volunteer efforts. She stated that Commissioners LeVrier and Tate are volunteering much of their time to this facility. Commissioner LeVrier questioned whether or not the applicant can meet Item #4 (stacking depth for driveways), and Planner Dennis Killough stated that approximately two (2) parking spaces could be eliminated in order to meet that requirement. Mr. Killough stated that the applicant is requesting a variance on Item #2 (bufferyards) until further development of the site. 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 September 18, 1997 Page 7 of 15 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Motion was made to approve ZA97-118, subject to Concept Plan Review Summary No. 1, dated September 12, 1997, deleting Item #2 (bufferyards) until further development of the site. Motion: LeVrier Second: Edmondson Ayes: Murphy, Edmondson, LeVrier, Tate, Jones, Creighton, Wright Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 09-18-97, tape 1, section #3870) AGENDA ITEM #13. ZA97-121. SPECIFIC USE PERMIT FOR CHILD CARE FOR ST. MARTIN-IN-THE-FIELDS (MOTHER'S DAY OUT PROGRAM): Planner Stefanie Sarakaitis informed the Commission that this item is for a Specific Use Permit for child care (Mother's Day Out Program) per Zoning Ordinance No. 480, Section 45.1 (2.c) on property legally described as being Lot 1, Block 1, St. Martin-in-the-Fields Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1346, Plat Records, Tarrant County, Texas, and being approximately 7.044 acres. The property is located on the east side of South Pearson Lane approximately 800' south of the intersection of West Southlake Boulevard and South Pearson Lane. The Current Zoning is "CS" Community Service District. The Land Use Category is Public/Semi-Public. The Owner and Applicant is St. Martin-in- the-Fields Episcopal Church. Five (5) written notices were sent to property owners within the 200' notification area, and no responses have been received. Catherine Stehlik (St. Martin-in-the-Fields) presented this item to the Commission. Chairman Wright opened the public hearing. Wayne Haney (SPIN Representative #15) stated that this is a right and proper use for this facility. He stated that he has not heard anything negative or positive from the neighbors. He recommended approval of this request. Chairman Wright closed the public hearing. Motion was made to approve ZA97-121 subject to Concept Plan Review Summary No. 1, dated September 12, 1997. Motion: Murphy Second: Creighton Ayes: Edmondson, LeVrier, Tate, Jones, Creighton, Murphy, Wright Nays: None Approved: 7-0 Motion carried. Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 8 of 15 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 (Planning and Zoning Commission meeting, 09-18-97, tape 1, section #4070) Agenda Item #14 was delayed until after the next item due to the applicant not being present. AGENDA ITEM #15. ZA 97-123. PRELIMiNARY PLAT FOR STONEBRIDGE PARK: Planner Stefanie Sarakaitis informed the Commission that this item is for a Preliminary Plat for Stonebridge Park on property legally described as being approximately 13.583 acres situated in the J. G. Allen Survey, Abstract No. 18, and being Tract 2D. This plat proposes six (6) lots. The property is located on the north side of West Southlake Boulevard (F.M. 1709) approximately 600' west of the intersection of Randol Mill Avenue and West Southlake Boulevard (F.M. 1709). The Current Zoning is "S-P-2" Generalized Site Plan District with "O-1" Office District uses in the northern portion of the site and "C-2" Local Retail Commercial District uses along F.M. 1709. The Land Use Category is Mixed Use and 100 Year Flood Plain. The Corridor Recommendation is Retail Commercial. The Owner and Applicant is Stonebridge Monticello Parmers, Ltd. Thirteen (13) written notices were sent to property owners within the 200' notification area, and no responses have been received. Richard Myers (Realty Capital Corporation) represented Stonebridge Monticello Partners, Ltd. on this item. Regarding Staff Comment Item #11, he stated that he will correct the lot line between Lots 4 & 5, but he asked for a variance for the lot line between Lots 1 & 6 and leave it as shown. 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 ZA97-123 subject to Plat Review Summary No. 1, dated September 12, 1997, amending Item #11 (lot lines to be perpendicular of radial to the street right-of-way) to allow the lot line between Lots 1 & 6 as shown. Motion: Second: Ayes: Nays: Approved: Murphy Tate LeVrier, Tate, Jones, Creighton, Murphy, Edmondson, Wright None 7-0 Motion carried. (Planning and Zoning Commission meeting, 09-18-97, tape 1, section #4493) AGENDA ITEM #14. ZA 97-122. SPECIFIC USE PERMIT FOR CHILD CARE FOR SOUTHLAKE CHURCH OF CHRIST: Planner Stefanie Sarakaitis informed the Commission that this item is for a Specific Use Permit for child care per Zoning Ordinance No. 480, Section 45.1 (2.c) on property legally described as being Lot 3R, J. G. 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 and 2, of the Brock Addition, an addition to the City of Southlake, Tarrant County, Texas, Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 9 of 15 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .2.2 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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. The Land Use Category is Public/Semi-Public and Low Density Residential. The Corridor Recommendation is Residential. The Owner and Applicant is Southlake Church of Christ. Eleven (11) written notices were sent to property owners within the 200' notification area, and two (2) responses were received in which one (1) was undecided and one (1) was opposed. Larry Stone (Southlake Church of Chris0 presented this item to the Commission. Chairman Wright stated that several Brock Drive residents have expressed a concern regarding increased traffic on Brock Drive. Chairman Wright asked if this facility will have any impact on Brock Drive. Mr. Stone stated that it will have no impact to Brock Drive. Mr. Stone stated that this facility will be accessed from Southlake Boulevard and their main parking lot. Commissioner Creighton asked Mr. Stone if he knows what prompted the concern from the Brock Drive residents. Mr. Stone stated that he recently talked to Ms. Vargas and Ms. Perry about their concerns. He stated that the Church of Christ allows other churches and groups use of their facilities. He stated that another church used the building on Brock Drive several weeks ago and thought they could access it from Brock Drive; they had several cars parked up and down Brock Drive as a result. Mr. Stone stated that because of that incident, they have created a checklist for the users of the facilities. He said that one of the items on the checklist states, "No access from or no parking on Brock Drive," and that everyone must sign off on the checklist before they use the facilities. Mr. Stone offered to not let other groups use this building besides Church of Christ members. Chairman Wright stated that he does not advocate that they not allow other groups use of this building, but if the church has other buildings available, then maybe they should use the other buildings first in order to keep the neighbors happy. Mr. Stone stated that he would be happy to limit use of that building to Sunday and Wednesday classes only. Chairman Wright opened the public hearing. Wayne Haney (SPIN Representative #15) stated that this is a right and proper use for this facility. He stated that the initial concerns from the residents stemmed from the residents thinking that the child care facility is being moved to Brock Drive and once they understood that it was not, they were in favor of the request. He recommended approval of this request. Chairman Wright closed the public hearing. Motion was made to approve ZA97-122 subject to Concept Plan Review Summary No. 1, dated September 12, 1997. Motion: Tate Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 10 of 15 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 Second: Jones Ayes: Tate, Jones, Creighton, Murphy, Edmondson, LeVrier, Wright Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 09-18-97, tape 1, section #5148) Chairman Wright stepped down, and Vice-Chairman Murphy presided over Agenda Item #16. AGENDA ITEM #16. ZA97-124. REVISED PRELIMINARY PLAT FOR TIMARRON ADDITION - VILLAGE 'H' - PHASE I: Planner Stefanie Sarakaitis informed the Commission that this item is for a Revised Preliminary Plat for Timarron Addition - Village 'H' - Phase I on property legally described as approximately 24.930 acres and being Tracts 1, 1D1, 1D1C, 2C5, and 2G, situated in the Barnett & Hollingsworth Survey, Abstract No. 797; Tract lB2, and portions of Tracts lB, lB1, 1D, and 1D1, situated in the John Gibson Survey, Abstract No. 591; and being Lots 2 and 3 of Plum Creek Manor, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-161, Page 17, Plat Records, Tarrant County, Texas. This plat proposes forty-one (41) residential lots and three (3) common greens. The property is located on the south side of East Continental Boulevard at the intersection of Old Carroll Road 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. Thirteen (13) written notices were sent to property owners within the 200' notification area, and no responses have been received. Todd Janssen (Carter & Burgess, Inc.) 7950 Elmbrook Drive, Suite 250, Dallas, Texas, presented this item to the Commission. He stated that he has no problems with any of the Staff Comments. Vice-Chairman Murphy opened the public hearing. No one in the audience stepped forward to speak. Vice-Chairman Murphy closed the public hearing. Motion was made to approve ZA97-124, subject to Plat Review Summary No. 1, dated September 18, 1997. Motion: Tate Second: Jones Ayes: Jones, Creighton, Edmondson, LeVrier, Tate, Murphy Nays: None Abstain: Wright Approved: 6-0-1 Motion carried. (Planning and Zoning Commission meeting, 09-18-97, tape 1, section #5339) Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 11 of 15 ,~--~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 ,22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Chairman Wright resumed chairmanship of the meeting. AGENDA ITEM #11. SIDEWALK ORDINANCE NO. 683: Ronnie Kendall (Parks and Recreation Boardrepresentative) stated that she met with the Park Board regarding the Commission's concerns at the last meeting. She stated that she understood the two (2) main concerns to be: conformance with the Trail System Master Plan and the requirement of small residential developers to comply with the sidewalk ordinance. She stated that they completely removed conformance with the Trail System Master Plan. She said that in Section 2.02.A., they specified only "major" subdivisions (5 houses or more). She said that the "4" should be changed to Vice-Chairman Murphy asked who wrote the "Sidewalk Specifications" section, and Ms. Kendall stated that City Engineer Ron Harper wrote it. Chairman Wright opened the public hearing. No one in the audience stepped forward to speak. Chairman Wright closed the public heating. Regarding Section 2.01, Chairman Wright stated that Item 'B' encompasses Item 'A' and questioned whether Item 'A' could be eliminated altogether. Ms. Kendall stated that it probably could be eliminated. Chairman Wright stated that he does not agree with the requirement of 1,500' from a school. He stated that he does not have a problem with requiring a sidewalk from commercial developers and subdivisions, but he does not think the City should require a sidewalk from a person who is going to build one (1) home and who happens to live within 1,500' from a school. Commissioner Jones stated that he feels the Commission needs to be careful to not require more from an individual property owner than the property owner's development will benefit from that service whether it be a bike trail or sidewalk. Chairman Wright stated that upon further evaluation of Section 2.01, he feels that Items 'A' and 'B' need to be eliminated. He stated that he does not have a problem with the City or the school district using his tax money to build sidewalks, but he does not think it should be required of a single lot home owner. Commissioner Edmondson stated that she does not want to see a single lot home owner penalized in any way either and feels that the language could be modified in a way that will accomplish the Commission's goal. Commissioner Creighton questioned if "adjacency to" the school site should be considered when requiring sidewalks. Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 12 of 15 ,~---1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Vice-Chairman Murphy stated that Section 2.01 .A. is very poorly worded because it is does not clarify how the 1,500' is measured and from what point it is measured. He said it is not terribly clear what we are trying to accomplish with this language. Commissioner LeVrier stated that his main problem with Section 2.01.B. is the words, "as deemed necessary by the Planning and Zoning Commission or City Council." He stated that if we are trying to develop a plan, then it needs to be point-blank. Commissioner Creighton stated that if the only way to get this ordinance passed is to limit it to major subdivisions, then she will agree to that. Commissioner Edmondson agreed with Commissioner Creighton. Chairman Wright stated that if there happens to be a trail required on a particular piece of property and the developer or builder is required to put in a 4' sidewalk, then go ahead and have them put in a 6' sidewalk and the City should pay for the 2' difference. Vice-Chairman Murphy agreed with Chairman Wright and stated that would be a part of the Developers Agreement with the City. Commissioner Jones asked when this ordinance will go into effect. In the Subdivision Ordinance, Planner Dennis Killough. stated that anybody who has an approved plat of any kind (Preliminary Plat, Plat Showing, or Plat Revision) and has not filed any subsequent plats from that approval are locked into any regulations that were in place when that initial plat was approved. Chairman Wright suggested that the wording should be changed to "The developer or builder..." in Section 2.02.B. Commissioner Creighton suggested the following change to Section 2.02.D. and the Commission agreed: on ~.,~ ~i frontages "Any ~--'~-'- ~ frontage lots shall have sidewalks placed "- ...... a acent to e streets .... v ~..v ......... ~ .....o.......~ .......... v ............ ~,,.'~ Chairman Wright suggested that the above change should be added to Section 2.03 Non-residential Requirements, too, and that Section 2.03.B. should be deleted. The Commission agreed to that change. The following changes were agreed to by the Commission in Section 3.01.A.: Sidewalk Locations: All sidewalks shall be at least four feet wide, ' ' L ............... , ............. ~ ...... , and constructed ~n the area between the curb or grade Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 13 of 15 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 line of the public street and the ROW line no,et0Se~ ~ ~2)~[ ~o ff~,~/b w".'& '&,c ~e Ci~ Engineer or Building Official may alter aligment so that ~e sidewalk menders w e ~ea e~een e c~ ~ n GWCVGr, c Chairman Wright suggested the following change to Section 3.01.F.: Fire Hydrant Locations: Where a sidewalk is to be constructed and a fire hydrant would be within the forms, the forms shall curve around the fire hydrant and prc~¥~dc a .-i~r2.~'a,-n The following change was agreed to in Section 4.02.A.: the C~ ...... efform an inspection..." The following change was agreed to in Section 4.02.B.: to make the necessary repairs." Motion was made to approve Sidewalk Ordinance No. 683 with the following amendments: deleting Section 2.01 in its entirety and renumbering; in Section 2.02.A., changing "4" houses to "5"; in Section 2.02.B., inserting the words, "or builder" after the word, "developer"; in Section 2.02.D., amending it to read, "Any ~ dc~u~Ic ~f~ frontage lots shall have sidewalks placed on ff.c two ~! frontages adjacent to the streets. ~ adding that sine l~guage to Section 2.03; deleting Section 2.03.B.; mending Section 3.01 .A. to read: Sidewalk Locations: All sidewal~ sh~l be at le~t fo~ feet w~de : ........ ~d cons~cted in the ~ea between ~e curb or grade line of the public street ~d the ROW line g~ ~,,~.:_o ,~- ~,: ....... ~*~ ~:~ ..... "- The City Engineer or Building Offici~ may ~ter ~ig~ent so ~at the sidewalk menders within the ~ea between the c~b ~d ROW lin~ in Section 3.01 .F., deleting ~e words, "... ~d provide a mi~ of ~ee feet of cle~ce at ~y point."; Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 14 of 15 ~-.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 25 26 27 28 29 30 31 34 35 in Section 4.02.A., deleting the phrase, "On an armual basis" and inserting the phrase, "From time to time," and deleting the word "shall" and insert the word "may"; and in Section 4.02.B., inserting the words, "from receipt of the letter described in Subsection A," after the words "30 days". Motion: Second: Ayes: Nays: Approved: Creighton Murphy Creighton, Murphy, Edmondson, LeVrier, Tare, Jones, Wright None 7-0 Motion carried. (Planning and Zoning Commission meeting, 09-18-97, tape 2, section # 1224) AGENDA ITEM #17. MEETiNG ADJOURNMENT: Chairman Wright adjourned the meeting at 11:01 p.m. on September 18, 1997. (Planning and Zoning Commission meeting, 09-18-97, tape 2, section #1228) Joe Wright Chairman ATTEST: Lori A. Farwell Community Development Secretary Planning and Zoning Commission Meeting Minutes on September 18, 1997 Page 15 of 15 THE STATE OF TEXAS COUNTY OF '~.~ as a member ofthe /9~a ~ r~'"x~ ~ 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 theT-~a}"k ~ 24g". 'Z./~"]- [7~o3 ~- Z~'7--I ~ as those terms are defined in Chapter 171, Texas Local Government Code. The business entity is ~O{"O_Uf~ - (name) ,, , (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 from the bu~ss 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 p~operty that would be affected by a deeisinn of the public body of wNeh I am a member. Upon filing of this affidavit with the City Secretary, I affmaa that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this ~t kday of Title BEFORE ME, the undersigned authority, this day personally appeared ~ (L)r,~ la~b on oath stated that the facts hereinabove stated are true to the best of ~ knowledge or belief. Swom to and subscribed to before me on this Ifi~. day of ~ ,19~7 My Commission Expires: Notary Public in and for the State Type/Print Notary's Name of Texas G:\WP ~FO RMS'~AFFI D.FRM