1997-10-23 P&Z Meeting 1
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REGULAR PLANNING AND ZONING
COMMISSION MEETING
October 23, 1997
COMMISSION PRESENT: Chairman Joe Wright; Commissioners Ann Creighton, Debra
Edmondson, Rob Jones, F. C. LeVrier, and Lanny Tate
COMMISSION ABSENT: Vice-Chairman James Murphy
CITY STAFF PRESENT: City Attorney Debra Drayovitch, Community Development Director Greg
Last, City Engineer Ron Harper, Planner Stefanie Sarakaitis, and Community Development
Secretary Lori Farwell
EXECUTIVE SESSION: The meeting was called to order Chairman Wright at 6:20 p.m. to
announce that the Commission would be going into Executive Session.
The meeting was called back to order by Chairman Wright at 6:42 p.m., and he asked City Attomey
DebraDrayovitchifany actionwas necessary as aresult ofthe 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 7:05 p.m.
AGENDA ITEM #2. APPROVAL OF MINUTES:
Chairman Wright opened discussion of the minutes of the October 9, 1997, Regular Planning and
Zoning Commission meeting.
Motion was made to approve the October 9, 1997, Planning and Zoning Commission meeting
minutes as presented.
Motion: Tate
Second: Edmondson
Ayes: Creighton, Edmondson, LeVrier, Tate, Jones, Wright
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 10-23-97, tape 1, section #320)
Planning and Zoning Commission Meeting Minutes on October 23, 1997 Page 1 of 13
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AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
Community Development Director Greg Last reminded the Commission of the COG classes
available to them. He requested that the Commissioners call Community Development Secretary
Lori Farwell if they want to attend a class.
Agenda Items #4, 5, and 6 were on Consent Agenda and were approved with one (1) motion.
AGENDA ITEM #4. ZA97-133. FiNAL PLAT FOR LOT 2. BLOCK 1. STONEBRIDGE PARK:
AGENDA ITEM #5. ZA97-137. FINAL PLAT FOR LOT 2. BLOCK 1. HIGGiNS ADDITION.
AND
AGENDA ITEM #6. ZA97-138. FINAL PLAT FOR SOUTHLAKE WOODS. PHASE III:
Motion was made to approve ZA97-133, ZA97-137, and ZA97-138, with all three (3) cases being
subject to Plat Review Summary No. 1, dated October 17, 1997.
Motion: Tate
Second: Edmondson
Ayes: Edmondson, LeVrier, Tate, Jones, Creighton, Wright
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 10-23-97, tape 1, section #394)
AGENDA ITEM #7. ZONiNG ORDINANCE NO. 480-BB:
Motion was made to withdraw Agenda Item #7 from this agenda.
Motion: Jones
Second: Creighton
Ayes: LeVrier, Tate, Jones, Creighton, Edmondson, Wright
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 10-23-97, tape 1, section #438)
AGENDA ITEM #8. ZA97-134. REZON1NG AND CONCEPT PLAN FOR THE VILLAGE AT
PINE FOREST:
Planner Stefanie Sarakaitis informed the Commission that this item is for a Zoning Change and
Concept Plan on property legally described as being approximately 12.573 acres situated in the
Thomas Beedy Survey, Abstract No. 72, and being Tract 2A3. The property is located on the east
side of North Peytonville Avenue at the intersection of Plantation Drive and North Peytonville
Avenue. The current zoning is "AG" Agricultural District. The requested zoning is "SF-30" Single
Family Residential District. The Owner and Applicant is J. Michael Lewis. The Land Use Category
is Low Density Residential. Twelve (12) written notices were sent to property owners within the
Planning and Zoning Commission Meeting Minutes on October 23, 1997 Page 2 of 13
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200' notification area, and six (6) responses were received with three (3) being opposed, two (2)
being in favor, and one (1) being undecided. Nine (9) responses were received outside the 200'
notification area, with eight (8) being opposed and one (1) being undecided.
Jack Michael Lewis, 801 Dominion Drive, Southlake, Texas, presented this item to the Commission.
He distributed a new Concept Plan and Preliminary Plat to the Commission and staff. He stated that
the primary changes include the movement of the road to align with Plantation Drive and the
removal of the connecting road into Coventry Manor. He stated that he made these changes in order
to address the concerns of the surrounding property owners.
Commissioner Creighton asked Mr. Lewis if he is requesting a variance to Staff Review Comment
#8, which addresses the curvilinear requirements of the subdivision ordinance. Mr. Lewis stated that
he is asking for a variance to that requirement.
Commissioner Edmondson stated that the Land Use Plan indicates Low Density Residential for this
area and questioned why Mr. Lewis did not submit a subdivision with one (1) acre lots. Mr. Lewis
stated that he based the lot sizes in his subdivision on the lot sizes in the Coventry Manor
subdivision. He also stated that he understood the guidelines for Low Density Residential to indicate
one (1) dwelling per acre of usable land, which is what he submitted.
Commissioner Edmondson responded that Coventry was a PUD, with large areas of open space to
compensate for the smaller lots. Mr. Lewis asked what a PUD was.
Commissioner Edmondson asked Mr. Lewis why he did not purchase more of the land to the north
in order to create a larger development. Mr. Lewis stated that he contacted Dr. Capili twice and that
Dr. Capili stated that his land is not for sale. He inquired about the property north of the Capili
property and was told there was a current offer on the property at that time.
Chairman Wright asked what the dashed line is near the back of Lots 11 and 12. Mr. Lewis stated
that it will be a dedicated, private, parkland area, which will remain green and have no man-made
structures within it.
Chairman Wright opened the public heating.
Jean Laventhal, 910 Turnberry Lane, Southlake, Texas, stated that she is concerned about half-acre
lots on this property and increased traffic in Coventry Manor. She stated that she would like to know
what the price ranges the homes will be. She stated that Tumberry Lane was not made to be a main
thoroughfare which is what it is being used as and that adding twelve (12) more homes to Coventry
Manor will only increase the problem. She stated she would like to know how many and what type
of trees Mr. Lewis intends to save.
Richard Crow, 1502 Plantation Drive, Southlake, Texas, stated that he developed Wakefield Court,
Olympia, and Pheasant Lane which are all "SF-1A" zoning and located in the general area of this
subdivision. He stated that he was denied smaller lots. He stated that when Coventry manor was
Planning and Zoning Commission Meeting Minutes on October 23, 1997 Page 3 of 13
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developed, there was an agreement with the developer that there would not be smaller lots than one
(1) acm around Coventry tmless they were a part ora Planned Unit Development. He stated that he
has sold approximately 16 lots on Peytonville Avenue based on the fact that the Land Use Plan
indicates one (1) acre lots. He asked that the Commission deny this request.
Sharon Meyer, 1925 N. Peytonville, Southlake, Texas, stated that she owns the property labeled
"Rougemont" which is north of this development. She stated that the Land Use Plan indicates Low
Density Residential for this area. She stated that she reviewed the City's Land Use Plan very
carefully before purchasing their property and was so impressed with the "vision" of Southlake. She
stated that Mr. Lewis could just as easily sell his lots if he increased their size and decreased the
number of lots to three (3) or four (4).
Bob Hudnall, Plantation Drive, Southlake, Texas, stated that he is against this request because there
is no green space, and it does not meet the Land Use Plan. He also stated that he does not agree with
the street alignment with Plantation Drive; he stated that is already a dangerous intersection. He
asked for the Commission to please consider the surrounding residents when reviewing this request.
Chris Miltonberger, 1401 Exeter Court, Southlake, Texas, stated that many of he and his neighbors'
concerns have been addressed by the new plan, although, he would like the opportunity to meet with
his neighbors again and review the new plan with them. He stated that he does not see how the
residents of Coventry Manor can demand larger lots when most of the lots are already larger than
those in Coventry Manor. He stated that he would like to see Mr. Lewis save as many trees as
possible on the south portion of his property next to Coventry Manor.
Dale Clark (President of the Homeowners Association for Coventry Manor) stated that most of the
residents have not seen the new plan or had the opportunity to discuss it among themselves. He
stated that although the new plan appears to have addressed most of their concerns, he would still
appreciate the chance for the neighbors to see it and come to a consensus. He stated that he feels if
the developer cannot incorporate some green space into the plan, he should be required to follow the
one (1) acre requirement. Mr. Clark also stated his concern regarding the drainage in this area and
asked that the City Engineers pay special attention to the drainage. He asked if there is a procedure
to abandon the right-of-way (R.O.W.) on Leed's Drive if it is not continued through to Mr. Lewis'
development.
Community Development Director Greg Last stated that there are procedures to abandon the R.O.W.
and that the City would bear no cost in the removal of the pavement or in the preparation of survey
documents to abandon the R.O.W.
Mike Dumont, 598 Garden Court, Southlake, Texas, stated that he is in favor of this development
and that Mr. Lewis has been extremely willing to work with he and his neighbor, Mr. Lancaster, in
providing a green space adjacent to their properties.
Chris Whisler, 1201 Plantation Drive, Southlake, Texas, stated that she moved into Cedar Creek
Plantations with the expectation that the area would remain Low Density Residential. She stated that
Planning and Zoning Commission Meeting Minutes on Oetober 23, 1997 Page 4 of 13
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Peytonville Avenue is this area is extremely dangerous due to the topography and trees. She also
stated that there is a bus stop in this area which increases her concern about increased traffic. She
stated that she is opposed to this development.
Lou Miltonberger stated that he is building a home on New Castle Road which is adjacent to this
proposed development. He stated that he is opposed to the development due to the lot sizes and
street configuration.
Melanie Horne, 1301 Wakefield Court, Southlake, Texas, stated her opposition due to the lot sizes
being inconsistent with the Land Use Plan.
Caroline Havens, 1303 Wakefield Court, Southlake, Texas, stated that she did her homework before
buying her home by going to the City offices and looking at the Land Use Plan. She stated that it
would be very disappointing for residents to feel as though they did the right thing by consulting the
Land Use Plan only to have a development such as this one approved. She also stated that she would
like to see the developer follow the new Tree Preservation Ordinance.
Sue Jones, 1065 Brittany Court, Southlake, Texas, stated her opposition to anything less than one
(1) acre. She stated that the Land Use Plan indicates Low Density Residential, and it should be
enforced.
Esther Spickler, 926 Turnberry Lane, Southlake, Texas, stated her opposition due to the reasons
already stated this evening.
Paul Sullivan, 1900 ~ Peytonville, Southlake, Texas, stated that he is opposed to increased traffic.
He stated that the developer should be required to have one (1) acres lots.
C.D. Pebbles, 1604 Devon Court, Southlake, Texas, stated that he would like to see the connection
remain from Leed's Drive to this new development and that he would also like to see a connection
to the property north of this development, also. He stated that he would like to see some of the
traffic diverted to the north, away from his property.
Laura Hale, 1601 Kings Court, Southlake, Texas, stated her opposition to this request due to the lot
sizes and the increase in traffic through her neighborhood. She stated that she has loved the North
Peytonville Avenue area for years and recently moved there expecting it to stay Low Density
Residential.
Mike Bustamante, 1501 Plantation Drive, Southlake, Texas, asked the Commission to please stick
to the Land Use Plan. He stated that the current traffic situation on North Peytonville Avenue is
extremely dangerous and to add 12 more cars at the intersection of Plantation Drive and North
Peytonville Avenue would not be wise. He stated that people looking to buy in the North
Peytonville area are looking for one (1) acre lots.
Planning and Zoning Commission Meeting Minutes on October 23, 1997 Page 5 of 13
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Mr. Lewis stated that the homes on his property will be a minimum of 4,800 s.f. and in excess of
$585,000 for home/lot combination. He stated that he intends to personally live on Lot 11 and that
he has sold Lot 12 to a private party. Mr. Lewis also stated that he intends to place the homes as far
to the north (or front of the lot) as possible in order to save trees and to create large backyards to
serve as a green buffer to the homes in Coventry Manor.
Dale Clark brought up the issue of drainage again and asked Mr. Lewis' engineer, Bob Hawrylak,
to meet with City staff to address the drainage issues.
Chris Miltonberger stated that although Coventry Manor has a large open space, it is unfit for
children to play on because it is in a natural state. He encouraged the Commission to consider areas
fit for children to play on when looking at any future residential developments.
Linda Forbes, 1350 Post Oak Trail, Southlake, Texas, stated her concern regarding drainage and
sewer conditions in this area and asked that the Commission pay extra attention to those items.
Chairman Wright called for a recess at 8:30 p.m.
Chairman Wright called the meeting back to order at 8:44 p.m.
(Planning and Zoning Commission meeting, 10-23-97, tape 1, section #3067)
Commissioner Edmondson stated her concern regarding the traffic problems in Coventry Manor and
stated that for this development to connect to Coventry Manor is unacceptable. She stated that
occasionally the Commission votes for a development which goes against the Land Use Plan but
only when it is sincerely felt that the City as a whole will benefit. She stated that she does not see
any benefit to the City of Southlake as a whole by approving this development as proposed. She
stated that she cannot support this development as it is proposed.
Commissioner Jones asked Mr. Lewis how many lots he could have under "SF-1 A" zoning instead
of "SF-30" zoning. Mr. Lewis stated that he would lose two (2) lots for a total of ten (10) lots with
"SF-1A" zoning.
Commissioner Creighton stated that although she understands the concerns of the residents in
Coventry Manor, she feels that the present street configuration (not connecting to Leed's Drive) does
not make sense.
Chairman Wright suggested that this item be tabled to give the developer time to work with it
further. He also suggested that the developer study the street configuration again and consider
putting some green space along Peytonville Avenue.
Commissioner Edmondson advised Mr. Lewis that his development more closely resembles
developments off of Plantation Drive, Post Oak Drive, and Wakefield Drive, which are all one (1)
acre or larger lots, and only one (1) or two (2) street subdivisions - not Coventry.
Planning and Zoning Commission Meeting Minutes on October 23, 1997 Page 6 of 13
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Commissioner Creighton stated that one of her main concerns with the "SF-30" zoning is the
possibility of the "domino effect" up Peytonville Avenue in an area that is designated as Low
Density Residential.
Commissioner Tate asked if Mr. Lewis has met with the SPIN representative for this area, and Mr.
Lewis said that he has not but he would be willing to meet with them. Commissioner Tate stated
that he is not necessarily looking for 43,560 s.f. per lot, but he agrees with tabling it and allowing
the developer to meet with the SPIN representative and taking another look at it.
Commissioner Jones stated that he feels the street should connect to Leed's Drive from a safety
stand-point.
Commissioner LeVrier stated that he is very concerned about the intersection at Plantation Drive and
Peytonville Avenue, but he also feels that the street should be connected to Leed's Drive. He stated
that it would be very hard for him to vote in favor of this request with the amount of opposition
surrounding it.
Mark Messing, 1505 Coventry Lane, Southlake, Texas, stated he does not want the street to connect
to Leed's Drive. He feels that Coventry Manor has enough traffic as it is today.
Chairman Wright stated that he feels the street should connect to Leed's Drive in some way and then
also connect to Peytonville Avenue.
Commissioner Jones stated that he agrees with Chairman Wright.
Chairman Wright stated that possibly the City could trim some trees and cut the hill down some to
alleviate problems at the intersection of Peytonville Avenue and Plantation Drive.
Mr. Last suggested that the developer meet with the Public Works staff to discuss improvements at
that intersection.
Motion was made to table ZA97-134 and to continue the Public Hearing to the November 20, 1997,
Regular Planning and Zoning Commission meeting.
Motion: Jones
Second: LeVrier
Ayes: Tate, Jones, Creighton, Edmondson, LeVrier, Wright
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 10-23-97, tape 1, section #4988)
Planning and Zoning Commission Meeting Minutes on October 23, 1997 Page 7 of 13
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AGENDA ITEM #9. ZA97-135. PRELIMiNARY PLAT FOR THE VILLAGE AT P1NE FOREST:
Motion was made at the applicant's request to table ZA97-135 to November 20, 1997, Regular
Planning and Zoning Commission meeting.
Motion: Jones
Second: Tate
Ayes: Jones, Creighton, Edmondson, LeVrier, Tate, Wright
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 10-23-97, tape 1, section #5081)
Chairman Wright stepped down for Agenda Item #10, ZA97-136, and Commissioner Tate presided.
AGENDA ITEM #10. ZA97-136. REZONiNG AND SITE PLAN FOR THE COURTYARD AT
TIMARRON:
Planner Stefanie Sarakaitis informed the Commission that this item is for a Zoning Change and Site
Plan 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 corner 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 Commemial District uses. The Requested Zoning is "S-P-I"
Detailed Site Plan District with "O-1" Office District uses. The Owner is Westerra - Timarron, L.P.
The Applicant is Realty Capital Corporation. The Land Use Category is Mixed Use. Fourteen (14)
written notices were sent to property owners within the 200' notification area, and no responses have
been received.
Tom Wouters (Realty Capital Corporation) 920 S. Main Street, Suite 170, Grapevine, Texas,
presented this item to the Commission. He proposed one (1) parking space per every 275 s.f. and
would not exceed 15,000 s.f. of medical. He stated that he has asked the Fire Marshal for a variance
to Item #6 (150' hose length requirement) and has not heard back from him at this time.
Commissioner Tate opened the public hearing.
Dee Webster, 100 Braddock Court, Southlake, Texas, stated that her neighborhood has been
adversely affected by the development of the offices on the southwest comer of Continental
Boulevard and South White Chapel Boulevard. She stated that intersection is already extremely
busy as it is. She stated that she would like to know more about the expected tenants of this
buildings.
Mr. Wouters stated they are asking for a down-zone of the property to alleviate some of the concern
about the tenants. He stated that these buildings will house the typical professional office building
tenants such as a title company, attorneys, and possibly doctors.
Planning and Zoning Commission Meeting Minutes on October 23, 1997 Page 8 of 13
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Commissioner Tate closed the public hearing.
Motion was made to approve ZA97-136 subject to Site Plan Review Summary No. 1, dated October
17, 1997, deleting Items #4a and #4b (parking requirements) to allow a ratio of one (1) parking space
per every 275 s.f. of building floor area and not to exceed 33% medical uses.
Motion: Jones
Second: Creighton
Ayes: Creighton, Edmondson, LeVrier, Jones, Tate
Nays: None
Abstain: Wright
Approved: 5-0-1
Motion carried.
(Planning and Zoning Commission meeting, 10-23-97, tape I, section//6022)
Chairman Wright resumed chairmanship of the meeting.
AGENDA ITEM//11. ZA97-139. PLAT SHOWING FOR LOTS 3 & 4. THOMAS EASTER NO.
474 ADDITION:
Planner Stefanie Sarakaitis informed the Commission that this item is for a Plat Showing of Lots 3
& 4, Thomas Easter No. 474 Addition on property legally described as being approximately 7.237
acres situated in the Thomas Easter Survey, Abstract No. 474, and being Tract 3A. The property is
located on the south side of East S outhlake Boulevard (F.M. 1709) and immediately east of Crooked
Lane. The Current Zoning is "S-P-2" Generalized Site Plan District with "C-2" Local Retail
Commercial District and limited "I-1" Light Industrial District uses. The Owner and Applicant is
Southlake Properties, Inc. The Land Use Category is Mixed Use. The Corridor Recommendation
is Retail Commercial. Ten (10) written notices were sent to property owners within the 200'
notification area, and one (I) response was received which was in favor.
Terry Wilkinson, 930 Parkview, Southlake, Texas, presented this item to the Commission and stated
that he has no problems meeting all of the Staff Comments.
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 ZA97-139 subject to Plat Review Summary No. 1, dated October 17,
1997.
Motion: Tate
Second: Jones
Ayes: Edmondson, LeVrier, Tate, Jones, Creighton
Nays: None
Abstain: Wright
Planning and Zoning Commission Meeting Minutes on October 23, 1997 Page 9 of 13
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Chairman Wright stated that although he has no real reason to abstain on this item, he chooses to do
so anyway.
Approved: 5-0-1
Motion carried.
(Planning and Zoning Commission meeting, 10-23-97, tape 1, section #6258)
Chairman Wright called for a recess at 9:58 p.m.
Chairman Wright called the meeting back to order at 10:15 p.m.
AGENDA ITEM #12. ZA97-140. PLAT SHOWING FOR LOTS 6 & 7. T. M. HOOD NO. 706
ADDITION:
Planner Stefanie Sarakaitis informed the Commission that this item is for a Plat Showing of Lots 6
& 7, T. M. Hood No. 706 Addition on property legally described as being approximately 9.81 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 Land Use
Category is Low Density Residential. The Owners are J. Randall & Terri G. Keene. The
Applicant is Hughes & Associates. Eleven (11) written notices were sent to property owners
within the 200' notification area, and no responses have been received.
Stephen Hughes (Hughes and Associates) 5750 Rufe Snow Drive, North Richland Hills, Texas,
presented this item to the Commission and stated that he has no problems with any of the Staff
Comments.
Chairman Wright opened the public hearing. No one in the audience stepped forward to speak.
Chairman Wright closed the public hearing.
Motion was made to approve ZA97-140 subject to Plat Review Summary No. 1, dated October 17,
1997,
Second: Tate
Motion: Jones
Ayes: LeVrier, Tate, Jones, Creighton, Edmondson, Wright
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 10-23-97, tape 1, section #6566)
AGENDA ITEM #13. DISCUSSION OF TREE PRESERVATION ORDINANCE NO. 585-A:
Community Development Director Greg Last presented this item and introduced Landscape
Administrator, Keith Martin, to the Commission.
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Regarding Item #4 on Page 1 lA-4, Chairman Wright stated that if it is a shallow sewer line, in the
street is fine, but if it is a deep line, it needs to be behind the curb. He stated that Item #5 should not
be included because it is already done today. He also stated that Item #11 on Page 1 lA-5 should not
be included because if the utility companies want to do that, the City will allow them to, but the
problem is that the Texas Utility Commission will not allow the utility companies to place the lines
within the same trench.
On Page 1 lA-12, Commissioner Jones stated that disagrees with all of the changes regarding
agricultural property and private residential property (Item #3.5.a & #3.5.b). He stated that he agrees
with the ordinance as it is written today. He stated that private property should stay private and the
City should not be allowed to say how many trees someone cuts down.
Commissioner Edmondson presented the following scenario: a homeowner is trying to sell his land
and the developer states that he will buy the land if the homeowner will clear-cut the land first. She
stated that requiring a permit will prevent this from happening.
Commissioner Jones stated that he will not support this ordinance if the language in Items #3.5.a and
#3.5.b remains the same.
Chairman Wright presented a scenario where a homeowner wishes to selectively clear trees, not
clear-cut, but remove selected trees to improve grass growth, etc.
Chairman Wright and Commissioner LeVrier stated that they both disagree with the language in
Items #3.5.a and #3.5.b
Commissioner Creighton asked if some number other than five (5) makes Commissioners LeVrier
and Jones and Chairman Wright feel more comfortable.
Commissioner LeVrier stated that he does not know what the answer is to prevent developers from
clear-cutting land, but the City cannot inflict these kinds of restrictions on individuals.
Chairman Wright asked Mr. Last to adjust Items #3.5.a and #3.5.b and see what he can come up with
to prevent the clear-cutting of land but still allow the property owners a reasonable use of his
property.
A citizen (unidentified) stated his concem regarding acreage he just purchased which has thousands
of 3-4" cedar elms and he wants the ability to selectively remove trees to improve the property. He
stated he does not want to spend hundreds of dollars to get a tree survey. He suggested allowing a
"percentage" of trees to be removed.
Commissioner Creighton stated that she will not support this ordinance if the language in Items
#3.5.a and #3.5.b significantly changes.
Planning and Zoning Commission Meeting Minutes on October 23, 1997 Page 11 of 13
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Mr. Last asked if those Commissioners on the side of the property owner could support an ordinance
that prohibited the clear-cutting of land. Commissioner Jones stated that he would need to see the
ordinance, but he might well be able to support such an ordinance.
Commissioner Jones stated that he is not in favor of clear-cutting. He stated that he is not anti-tree;
it is a property rights question to him.
Chairman Wright stated that he believes Southlake property owners probably would not clear-cut
their land, and he would still support wording to prevent clear-cutting.
Regarding Item #4.1.b, Chairman Wright stated if the designated Tree Board ever changes from
being the Planning and Zoning Commission, it should be the City Council. He stated it would need
to be one of those two bodies serving as the Tree Board.
In Item #4.2.c, Commissioner Jones suggested adding the words "on the subject property" after the
words "protected tree" in order to clarify which trees the ordinance is referring to.
Commissioner Tate asked if Keith Martin could provide exhibits of lots with examples of different
scenarios on how he would like the trees shown.
Chairman Wright stated that many of the items listed in Item #4.3 seem to be a matter of opinion,
and he asked Mr. Last and City Attorney Debra Drayovitch to look at those items and adjust them
if needed.
Commissioner Jones asked what "professional criteria" is referred to in Item #4.3.m, and Mr. Martin
stated that every tree is given a "ranking" based on its quality. Mr. Last stated that "professional
criteria" may not be the best wording and that he would correct it.
After discussion, the Commission agreed to remove Items #4.3.e and #4.3.f
Commissioners LeVrier and Jones and Chairman Wright stated that they did not agree with the
wording on #4.3.c.
Ms. Drayovitch suggested combining Items #4.3.b and #4.3.c, and the Commission agreed.
Commissioner Edmondson stated that she is adamantly opposed to "hacking" up this ordinance after
the Workgroup spent six months on it.
After discussion, it was agreed by the Commission to remove #4.3.h completely.
After discussion, the Cormnission agreed to change the words "is contrary to" to "affects" in Item
#4.3.n.
Planning and Zoning Commission Meeting Minutes on October 23, 1997 Page 12 of 13
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AGENDA ITEM # 14. MEETING ADJOURNMENT:
Chairman Wright adjourned the meeting at 12:45 a.m. on October 24, 1997.
(Planning and Zoning Commission meeting, 10-23-97, tape 2, section #4165)
Chairman
ATTEST:
Lori A. Farwell
Community Development Secretary
Planning and Zoning Commission Meeting Minutes on October 23, 1997 Page 13 of 13
THE STATE OF TEXAS *
m~e ~is affidavit ~d hereby on oa~ state the follo~g: I, ~or a person or persons ~lated
to me, have a subsmti~ interest in a b~iness enti~ ~t wo~d be pec~i~ly affected by a vote
or decision of~e ~Aq ~- ~
Chapter 171, Tex~ Loc~ Govement Code.
The business emi~ is ~e~ ~(~
(address) l'
I have a subs~ti~ ~t~rest ~ ~s b~iness enfi~ for ~e follo~ng
appli~bl~)
O~e~p of 10% or mo~ of ~e vo~g stock or sh~es of
O~m~p of 10% or more or $5,000 or more of~e f~r m~ket v~ue of~
bm~ess enfi~.
F~& received ~om ~ b~ss enfi~ ex~ 10% of goss in,me for
previo~ y~.
R~ prope~ is ~volv~ ~d
equitable or l~g~ o~em~p ~ a f~r m~ket v~ue of m le~t $2,500.
A r~lativ~ of m~e ~ a subsmfi~ ~t~rest ~ ~ bm~ss
would be ~t~ by a d~ision of~e public body ofw~ch I ~ a member.
Upon filing of~is ~davit ~ ~e Ci~ Secret, I ~ ~at I will abs~n ~om vo~g on
~y decision involving ~s business enfi~ ~d ~om ~y ~er pmicipafion on ~s roarer
whatsoever.
Si nea t2 dar of C~c& ~ ,19~.
Signa~e o~ttmi~
Title '
BEFORE ME, the undersigned authority, this day personally appeared ~J~ ~ (,'C~ ~t~
on oath stated that the facts hereinabove stated are true to the best of ~ knowledge or
belief.
Sworn to and subscribed to before me on this ~rfl(day of Cic~co [o~/- ., 19q--]
My Commission Expires:
Notary Public in and for the State of Texas
Type/Print Notary's Nme;
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