1997-10-09 P&Z Meeting 1
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REGULAR PLANNING AND ZONING
COMMISSION MEETING
October 9, 1997
COMMISSION PRESENT: Chairman Joe Wright; Vice-Chairman James Murphy; Commissioners
Arm Creighton, Debra Edmondson, Rob Jones, F. C. LeVrier, and Lanny Tate
COMMISSION ABSENT: None
CITY STAFF PRESENT: City Attomey Debra Drayovitch, Senior Planner Dennis Killough, Planner
Stefanie Sarakaitis, and Community Development Secretary Lori Farwell
There was no Executive Session held.
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 7:02 p.m.
AGENDA ITEM #2. APPROVAL OF MiNUTES:
Chairman Wright opened discussion of the minutes of the September 18, 1997, Regular Planning
and Zoning Commission meeting.
Motion was made to approve the September 18, 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, 10-09-97, tape 1, section #028)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
There were no comments from City staff or the Commission.
AGENDA ITEM #4. ZA 97-127. REVISED SITE PLAN FOR GEORGETOWN PARK. PHASE
II.'
Planner Stefanie Sarakaitis informed the Commission that this item is for a Revised Site Plan for
Georgetown Park, Phase II, on property legally described as Lot 1, Block 1, Georgetown Park, an
addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Cabinet
A, Slide 3434, Plat Records, Tarrant County, Texas. The property is located on the south side of
Planning and Zoning Commission Meeting Minutes on October 9, 1997 Page 1 of 10
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East Southlake Boulevard (F.M. 1709) and approximately 700' east of the intersection of South
Kimball Avenue and East Southlake Boulevard. The current zoning is "C-2" Local Retail
Commercial District. The Land Use Category is Mixed Use. The Corridor Recommendation is
Retail Commercial. The Owner is Georgetown Monticello Partners, Ltd. The Applicant is Realty
Capital Corporation. Eleven (11) written notices were sent to property owners within the 200'
notification area, and one (1) response was received which was in favor.
Tom Wouters (Realty Capital Corporation) 920 S. Main Street, Suite 170, Grapevine, Texas,
presented this item to the Commission. Regarding Staff Comment Item #1, Mr. Wouters asked for
a waiver of the bufferyards along the west, south and east property lines, south of the construction
area. He also asked the Commission to accept the articulation as presented.
Chairman Wright opened the public hearing.
Howard Cart, 31 ! S. Kimball Avenue, Southlake, Texas, asked that the applicant continue the 6'
wood fence along the entirety of his property and the applicant's property. He stated that he supports
this application. Mr. Cart stated that the fence behind Dynamic Travel still has not been built, and
that he is very worried about one of his donkeys biting a child.
Mr. Wouters stated that they will continue the fence adjacent to Mr. Carr's property as far south as
the extent of construction in Phase II. Mr. Wouters stated that he would like to keep the natural
buffer which is south of the construction phase.
Chairman Wright stated that the developer of Dynamic Travel's property who made the commitment
to build the fence has since sold the property. Chairman Wright stated that when that case left the
Planning and Zoning Commission meeting, it had the commitment of a fence; when it left the City
Council meeting, it did not.
Chairman Wright closed the public hearing.
Motion was made to approve ZA97-127 subject to Site Plan Review Summary No. 1, dated October
3, 1997, waiving the bufferyards (at this stage of construction) along the west, south and east
property lines, south of the construction area and accepting the articulation as shown.
Motion:
Second:
Ayes:
Nays:
Approved:
mumhy
LeVrier
Murphy, Edmondson, LeVrier, Tate, Jones, Creighton, Wright
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-0%97, tape 1, section #053)
Planning and Zoning Commission Meeting Minutes on October 9, 1997 Page 2 of 10
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AGENDA ITEM #5. ZA 97-128. PRELIMINARY PLAT FOR THE PROPOSED LOTS 1 AND
2, BLOCK 1. PANORAMA PLACE:
Planner Stefanie Sarakaitis informed the Commission that this item is for a Preliminary Plat for the
proposed Lots 1 and 2, Block 1, Panorama Place, on property legally described as approximately
3.955 acres situated in the W, W. Hall Survey, Abstract No. 695, and being Tracts 5 and 5A. This
plat proposes two (2) lots. The property is located on the west side of North Carroll Avenue
approximately 180' south of the intersection of North Carroll Avenue and Southcrest Court. The
Current Zoning is "O-1" Office District. The Land Use Category is Mixed Use. The Owner is John
Cole. The Applicant is Panorama Properties, Inc. Fourteen (14) written notices were sent to
property owners within the 200' notification area, and no responses have been received.
Wil Edgington (Panorama Properties) presented this case to the Commission. He stated that he did
not have any problems with the Staff Comments, but questioned the need for 100' of right-of-way
(R.O.W.).
Chairman Wright stated that the R.O.W. issue would need to be discussed at City Council.
Chairman Wright opened the public hearing.
Jay Harvey, 1000 Southbend Trail, Southlake, Texas, questioned what uses are allowed in "O-1"
zoning. He stated his concerns regarding the drainage in his neighborhood and the impact of this
property on his neighborhood.
Commissioner Edmondson told Mr. Harvey that he can get a copy of the "O-1" permitted uses from
the Community Development office in City Hall.
John Moore, 505 $outhbend Trail, Southlake, Texas, stated that his property is adjacent to the
property in question, and that he was not notified.
John Van Saun (Business Administrator for Southview Homeowners Association) asked what type
of screening this property is required to have.
Planner Dennis Killough stated that the applicant is required to provide 8' of screening which can
either be an 8' fence or a 6' fence combined with dense plantings to equal 8'.
Mr. Van Saun stated that the fence along the west side of this property is in ill-repair and that he
would like to meet with the applicant to see if some compromise could be reached regarding the
fence.
Chairman Wright closed the public hearing.
Motion was made to approve ZA97-128 subject to Plat Review Summary No. 1, dated October 3,
1997.
Planning and Zoning Commission Meeting Minutes on October 9, 1997 Page 3 of 10
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Motion: Tate
Second: Edmondson
Ayes: Edmondson, LeVrier, Tate, Jones, Creighton, Murphy, Wright
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-09-97, tape 1, section # 1021)
AGENDA ITEM #6. ZA 97-129. REVISED SITE PLAN OF ORTHODONTIC OFFICE FOR
ROBERT W. GALLAGHER. D.D.S.. M.S.:
Planner Stefanie Sarakaitis informed the Commission that this item is for a Revised Site Plan of
Orthodontic Office for Robert W. Gallagher, D.D.S., M.S., on property legally described as being
Lot 12R1, Block 2, Diamond Circle Estates, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 3668, Plat Records, Tarrant County, Texas.
The property is located on the northeast comer of the intersection of East Southlake Boulevard (F.M.
1709) and Diamond Boulevard. The Current Zoning is "C-2" Local Retail Commercial District.
The Land Use Category is Mixed Use. The Corridor Recommendation is Residential. The Owner
is Dr. Wallace Ryne, O.D. The Applicant is Robert W. Gallagher, D.D.S., M.S. Nine (9) written
notices were sent to property owners within the 200' notification area, and no responses have been
received.
Planner Dermis Killough asked the Commission to strike the second statement (Lot 12R1, Block 2,
East Bufferyard: Length=164', Canopy Trees=2, Accent Trees=3, Shrubs=13) from StaffComment
Item #1 in its entirety.
Dr. Robert Gallagher presented this case to the Commission. He asked the Commission to waive
Staff Conunent Item #1 (east bufferyard) but stated that he would place the plantings elsewhere on
the site. He asked for a waiver to Item #2 (rear articulation) but stated that he would like to bump
out a portion of the rear wall approximately 1' which would provide some articulation to the rear of
the building and provide an additional 44 sf. to the building. Dr. Gallagher also asked for relief to
Item #3 (rear building setback) in order to match the building to the east.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Commissioner LeVrier asked Dr. Gallagher where his dumpster will be located. Dr. Gallagher stated
that he and Dr. Ryne intend to share a dumpster.
Motion was made to approve ZA97-129, subject to Site Plan Review Summary No. 1, dated
October 3, 1997, with the following amendments:
waiving the requirement for plantings in the east bufferyard, but requiring the placement of the
plantings elsewhere on the site (Item #1);
Planning and Zoning Commission Meeting Minutes on October 9, 1997 Page 4 of 10
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deleting the second statement from Item #1 (Lot 12R1, Block 2, East Bufferyard: Length=164',
Canopy Trees=2, Accent Trees=3, Shrubs=J3);
accepting the articulation as proposed and allowing the applicant to bump rear wall out
approximately 1', and
waiving Item #3 (40' rear building setback).
Motion: Murphy
Second: Jones
Ayes: LeVrier, Tate, Jones, Creighton, Murphy, Edmondson, Wright
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-09-97, tape 1, section #1468)
AGENDA ITEM #7. ZA 97-130. REZONING AND CONCEPT PLAN FOR SOUTHLAKE
AQ__~__R~EN OFF_..I_CES:
Planner Stefanie Sarakaitis informed the Commission that this item is for a Zoning Change on
property legally described as being approximately 6.1441 acres situated in the Obediah W. Knight
Survey, Abstract No. 899, and being Tract 5E. A Concept Plan for Southlake Garden Offices was
considered with this request. The property is located on the south side of East Southlake Boulevard
(F.M. 1709) approximately 1,100' west of the intersection of Byron Nelson Parkway and East
Southlake Boulevard (F.M. 1709). The Current Zoning is "AG" Agricultural District. The
Requested Zoning is "O-1" Office District. The Land Use Category is Low Density Residential.
The Corridor Recommendation is Residential. The Owner is 1709 Joint Venture. The Applicant
is Best Tex Custom Homes. Four (4) written notices were sent to property owners within the 200'
notification area, and one (1) response was received which was in favor.
doe Potthoff (Betzel - Potthoff, Inc.) 1115 l,E Abrams Street, Arlington, Texas, and David Ford (Best
Tex Custom Homes) presented this item to the Commission. He stated that a Traffic Study was
submitted and showed that there will be no impact on the level of service on Southlake Boulevard
or any of the nearby intersections. He stated that the applicant has agreed to close the existing
driveway on Southlake Boulevard and, instead, have access from a proposed road in which he
intends to build. He stated that the proposed road is on City-owned property and will also service
the City-owned property to the east. Mr. Potthoff stated that he is not asking for a variance to any
City ordinance. He stated that the applicant is prepared to meet all of the 4:1 slope requirements and
will bring all of the buildings down to one (1) story if needed to meet the 4:1 slope requirements.
He said that all of the landscape requirements will be met or exceeded.
Commissioner Edmondson asked Mr. Potthoffifthe buildings will have a pitched roof, and he stated
that they will have a pitched roof and will be residential in character.
Vice-Chairman Murphy asked if any of the homes to the south have been constructed yet, and Mr.
Ford stated that all of the lots are currently empty.
Planning and Zoning Commission Meeting Minutes on October 9, 1997 Page $ of 10
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Commissioner Edmondson asked if the applicant did a tree survey. Mr. Ford stated that the existing
trees are shown on the plan. Commissioner Edmondson then asked for a specific number of trees
in which he intends to remove. Mr. Ford stated that he did not have a number.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Chairman Wright asked Mr. Ford if he would agree to build the street back to the Timarron
residential street, and Mr. Ford agreed.
Commissioner Edmondson stated that this land is shown as Low Density Residential on the Land
Use Plan which does allow for some limited low intensity office. She stated that she does not
consider this application to be low intensity. She stated that she is very concemed about the amount
of concrete on this site.
Vice-Chairman Murphy asked how much impervious coverage there is on this site. Planner Dennis
Killough stated that he estimates there to be approximately 70%.
Vice-Chairman Murphy stated that, on the other hand, the Commission has spent considerable time
discussing that fact that "O-1" zoning is the proper zoning adjacent to residential.
Commissioner Creighton agreed with the previous Commissioners in that she likes to see "O-1"
zoning as a buffer to residential, but she does not like to see quite this much development on a tract
of land.
Commissioner Jones stated that the applicant has not asked for any variances, so it is basically a
question of whether or not the Commissioners are willing to approve the "O-1" zoning. He stated
that he is very happy to see this land develop before the residential to the south.
Motion was made to approve ZA97-130 subject to Concept Plan Review Summary No. 1, dated
October 3, 1997, accepting the applicant's commitment to remove the existing driveway from
Southlake Boulevard (F.M. 1709) and extending the proposed street down to the existing residential
pavement.
Motion: Jones
Second: Tate
Ayes: Tate, Jones, Creighton, Murphy, LeVrier, Wright
Nays: Edmondson
Approved: 6-1
Motion carried.
(Planning and Zoning Commission meeting, 10-09-97, tape 1, section #2671)
Chairman Wright called for a recess at 8:28 p.m.
Planning and Zoning Commission Meeting Minutes on October 9, 1997 Page 6 of 10
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Chairman Wright called the meeting back to order at 8:41 p.m.
AGENDA ITEM #8. ZA 97-131. PLAT REVISION FOR THE PROPOSED LOTS 4R1.4R2. AND
4R3. BLOCK 6. SOUTHRIDGE LAKES. PHASE C-t:
Planner Stefanie Sarakaitis informed the Commission that this item is a Plat Revision for the
proposed Lots 4R1, 4R2, and 4R3, Block 6, Southridge Lakes, Phase C-l, being a revision of Lot
4R, Block 6, Southridge Lakes Addition, Phase C-l, an addition to the City of Southlake, Tarrant
County, Texas. The property is located on the northeast corner of the intersection of North
Peytonville Avenue and West Southlake Boulevard (F.M. 1709). The Land Use Category is Mixed
Use. The Corridor Recommendation is Retail Commercial. The Current Zoning is "C-3" General
Commercial District. The Owner and Applicant is Southridge Center, L.P. Twelve (12) written
notices were sent to property owners within the 200' notification area, and no responses were
received.
John Levitt (XE. Levitt Engineers) 726 Commerce Street, Suite 104, Southlake, Texas, presented this
item to the Commission. Mr. Levitt asked for a variance to Staff Comment Item #13b (60' R.O.W.
of Graham Circle); he would like to leave it as shown which is 50'. Mr. Levitt stated that he also
intends to change the name of Graham Circle but does not have a new name, yet.
Chairman Wright opened the public hearing.
Stan Key, 10.5 Kildeer Court, Southlake, Texas, asked what type of development is planned for these
lots.
David McMahan (Four Peaks Development) stated that he met with the area SPIN group on
September 30, 1997, regarding the concept plan for this site. He stated that he intends to sell
individual lots for "O-1" users. He stated that he is dividing it into three (3) lots at this time because
he has no idea how many lots or what size will be needed. He committed to a 37' R.O.W. back-to-
back but will still give the City the same street size.
Chairman Wright closed the public hearing.
Motion was made to approve ZA97-131, subject to Plat Review Summary No. 1, dated October 3,
1997, deleting Item #13b, and acknowledging that the applicant will provide a common access
easement parallel to the R.O.W. and has no objection providing 37' of pavement within the 50'
R.O.W.
Motion: Murphy
Second: Tate
Ayes: Jones, Creighton, Murphy, Edmondson, LeVrier, Tate, Wright
Nays: Jones
Approved: 7-0
Motion carried.
Planning and Zoning Commission Meeting Minutes on October 9, 1997 Page 7 of 10
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(Planning and Zoning Commission meeting, 10-09-97, tape 1, section #3145)
Chairman Wright stepped down for Agenda Item #9, ZA97-132, and Vice-Chairman Murphy
presided.
AGENDA ITEM #9. ZA 97-132. SITE PLAN OF THE COURTYARD AT TIMARRON:
Planner Stefanie Sarakaitis informed the Commission that this item is for a Site Plan of The
Courtyard at Timarron on property legally described as being Lot 2, Hall Medlin No. 1038 Addition,
an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in
Cabinet A, Slide 2495, Plat Records, Tarrant County, Texas, and being approximately 4.855 acres.
The property is located on the southeast comer of the intersection of South White Chapel Boulevard
and East Continental Boulevard. The Current Zoning is "R-PUD" Residential Planned Unit
Development District with "C-2" Local Retail Commercial District uses. The Land Use Categmy
is Mixed Use. The Owner is Westerra - Timarron, L.P. The Applicant is Realty Capital
Corporation. Fourteen (14) written notices were sent to property owners within the 200'
notification area, and one (1) response was received and was opposed.
Richard Myers (Realty Capital Corporation) 920 S. Main Street, Suite 170, Grapevine, Texas,
presented this item to the Commission. He stated that he has filed an application with the City for
a down-zoning to "S-P-l" with "O-1" uses which will be heard at the next Planning and Zoning
Commission meeting. He did a tree survey of the property and tried to configure the buildings and
the parking lots so that he will save virtually all of the significant trees. He asked for fewer parking
spaces than what is required by ordinance. He also asked for a variance to the 50' loading zone. Mr.
Myers stated that he has met with surrounding homeowners several times and tried to respond to all
of their concerns. He stated that he has revised the site plan several times as a result of these
concerns.
Commissioner Edmondson asked Mr. Myers if he intends to comply with Item #14 (6' sidewalk),
and he stated that he will comply.
Vice-Chairman Murphy opened the public hearing.
Ronnie Kendall, 140 Bent Trail, Southlake, Texas, stated that she did not receive a notification for
this site plan, and she lives directly adjacent to this property. She stated that she is speaking for
several of her neighbors and said that they are all very pleased with this site plan. She stated that
her main concern was the current zoning, but since Mr. Myers has agreed to down-zone the property,
she is no longer concerned. She said that Mr. Myers has been gmat to work with and has been very
attentive to the homeowners concerns.
David McMahan, 1335 Hidden Glen, Southlake, Texas, stated that, as a nearby property owner, he
is delighted to see this site plan come in. He stated that he hopes the City will grant Mr. Myers the
variance to the number of parking spaces.
Vice-Chairman Murphy closed the public hearing.
Planning and Zoning Commission Meeting Minutes on October 9, 1997 Page 8 of 10
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Motion was made to approve ZA97-132, subject to Site Plan Review Summary No. 1, dated
October 3, 1997, amending Item #5b to allow parking as shown.
Motion:
Second:
Ayes:
Nays:
Abstain:
Approved:
Creighton
Edmondson
Creighton, Edmondson, LeVrier, Tate, Jones, Murphy
None
Wright
6-0-1
Motion carried.
(Planning and Zoning Commission meeting, 10-09-97, tape 1, section #3961)
Chairman Wright resumed chairmanship of the meeting.
AGENDA ITEM #10. ZA 97-064. SITE PLAN OF SOUTHRIDGE CENTER:
Motion was made at the applicant's request to withdraw ZA97-064.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Tate
Edmondson, LeVrier, Tate, Jones, Creighton, Murphy, Wright
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 10-09-97, tape 1, section #3996)
AGENDA ITEM #11. ZA 97-081. SITE PLAN ON THE PROPOSED LOT 2. COMMERCE
SOUARE:
Planner Stefanie Sarakaitis informed the Commission that this item is for a Site Plan on the proposed
Lot 2, Commerce Square, on property legally described as being approximately 4.57 acres situated
in the Thomas Easter Survey, Abstract No. 474, and a portion of Tract 3A. The property is located
south of Southlake Boulevard (F.M. 1709) and immediately east of Crooked Lane. The Land Use
Category is Mixed Use. The Corridor Recommendation is Retail Commercial. The Current Zoning
is "S-P-2" Generalized Site Plan District with limited "I-1" Light Industrial District uses. The Owner
and Applicant is Southlake Properties, Inc. Eleven (11) written notices were sent to property owners
within the 200' notification area, and one (1) response was received which was in favor.
Terry Wilkinson (Southlake Properties, Inc.) 930 Parkview, Southlake, Texas, presented this item
to the Commission. He stated that after he had an approved Concept Plan, he realized he did not
have the expertise to develop it. He stated that he then contacted Ron Newhouse (Regional
Development Manager for Shurgard) 502 E. Lamar, Arlington, Texas, who has since implemented
a Site Plan that will make the property work. Mr. Newhouse asked for a variance to Item #5d
Planning and Zoning Commission Meeting Minutes on October 9, 1997 Page 9 of 10
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(provide 13 sf. of landscape area per parking stall). Mr. Newhouse also asked that he be allowed to
use scored face concrete block (Item #Sa) instead of split face concrete block.
Vice-Chairman Murphy asked if the applicant could better meet the articulation requirements. Mr.
Newhouse stated that he will comply with the articulation requirements for Buildings 'A' and 'B',
but Building 'C' cannot be seen from Southlake Boulevard due to the proximity of Stacy Furniture
which is next door and approximately 24' away.
Commissioner Creighton asked if staff had any pictures of the area around Stacy Furniture so that
she can better visualize where Building 'C' will be in relation to Southlake Boulevard. City staff
did not have any pictures and nor did the applicant.
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 ZA97-081, subject to Site Plan Review Sununary No. 2, dated
October 3, 1997, deleting Item #5d (13 sf. of landscape area per parking stall); recommending the
masortry as submitted (Item #8a); and allowing articulation as shown on Buildings 'C' and 'H' and
accepting the applicant's agreement to comply with the articulation for Buildings 'A' and 'B'.
Motion: Murphy
Second: Jones
Ayes: LeVrier, Tate, Jones, Murphy, Edmondson
Nays: Creighton
Abstain: Wright
Approved: 5-1-1
Motion carried.
(Planning and Zoning Commission meeting, 10-09-97, tape I, section #5566)
AGENDA ITEM # 12. MEETiNG ADJOURNMENT:
Chairman Wright adjourned the meeting at 9:51 p.m. on October 9, 1997.
JoeWr~i t~~
Chairman
ATTEST:
Lori A. Farwell
Community Development Secretary
Planning and Zoning Commission Meeting Minutes on October 9, 1997 Page 10 of 10
THE STATE OF TEXAS
COUNTY OF
I,
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 'Z~ q ~3~ I ~ ~ as those terms are defined in
Chapter 171, Texas Local Government Code.
The business entity is
(name)
(address)
I have a substantial interest in this business entity for the following reasons: (cheek 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~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 from any further participation on this matter
whatsoever.
Signedthis c'/4'kdayof ~c'd(o~/'- ,19 6)7',.
Title
on oath stated that the facts hereinabove stated are tree to the best of~ knowledge or
belief.
Swomto and subscfibed to before me onthis ~/4 dayof 0C¢o~c~ ,19 q"].
My Commission Expires:
Notary Public in an~ for the State of Texas
Type/Print Notary s N. gane
G:[WPF~FORMS~AFFID.FRM