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1997-11-20 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 REGULAR PLANNING AND ZONING COMMISSION MEETING November 20, 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 Attomey Debra Drayovitch, Community Development Director Greg Last, Public Works Director Bob Whitehead, Planner Chris Carpenter, Planner Dennis Killough, Landscape Administrator Keith Martin, Staff Engineer Angela Turner, and Conununity Development Secretary Lori Farwell WORK SESSION: Chairman Wright called the meeting to order at 6:16 p.m., and he announced that the Work Session would be held to discuss agenda items by the Commission and the City staff. EXECUTIVE SESSION: The Commission went into Executive Session at 6:35 p.m. The meeting was called to order by Chairman Wright at 7:11 p.m., and he asked City Attorney Debra Drayovitch if any action was necessary as a result of the Executive Session. Ms. Drayovitch stated that there was no action necessary. The meeting was called back to order by Chairman Wright at 7:18 p.m. AGENDA ITEM #2. APPROVAL OF MINUTES: Chairman Wright opened discussion of the minutes of the November 6, 1997, Regular Planning and Zoning Commission meeting. Commissioner Edmondson stated that she would like the opportunity to listen to the tapes and make some changes in the minutes. She stated that there were some statements in the minutes that just came out of thin air, and she felt like more verbiage was needed. Commissioner Creighton agreed with Commissioner Edmondson stating that she thought the minutes, as presently written, mischaracterized what her position was on the ordinance. Chairman Wright stated that the minutes are not meant to be complete, they are meant to be a reflection of what was said. He stated that the tapes are what is complete. Chairman Wright stated that if the Commission sees something incorrect in the minutes, then they need to correct it. He said if they see something that is not expanded on maybe as far as they would like for it to be, that is just part of the way the minutes are done. Planning and Zoning Commission Meeting Minutes on November 20, 1997 Page 1 of 15 Z 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 4O 41 42 43 Chairman Wright suggested that the Commission not take action on the minutes at this meeting, and that they should listen to the tapes and write down the text for the secretary and ask her to include it in the minutes for the next meeting. No action was taken, and the minutes will be placed on the December 4, 1997, Planning and Zoning Conunission meeting agenda. (Planning and Zoning Commission meeting, 11-20-97, tape 1, section #807) AGENDA ITEM #3. ADMINISTRATIVE COMMENTS: There were no administrative comments. Chairman Wright stated that Agenda Item #4, ZA97-145, has been requested by a citizen to be removed from the Consent Agenda and placed on the Regular Agenda. Agenda Items #5, 6, and 7 were on consent agenda and were approved with one motion. AGENDA ITEM #5. ZA 97-146. F1NAL PLAT FOR TIMARRON ADDITION - VILLAGE 'J'. PHASE I: AGENDA ITEM #6. ZA 97-147. FINAL PLAT FOR TIMARRON ADDITION - VILLAGE 'H'. PHASE I. AND AGENDA ITEM #7. ZA 97-153. FINAL PLAT FOR LOT 1. BLOCK 1. PANORAMA PLACE: Motion was made to approve ZA 97-146, ZA 97-147, and ZA 97-153, with each being subject to Plat Review Summary No. 1, dated November 14, 1997. Motion: Second: Ayes: Nays: Abstain: Murphy Jones Creighton, Murphy, Edmondson, LeVrier, Tate, Jones None Wright Approved: 6-0-1 Motion carried. (Planning and Zoning Commission meeting, 11-20-97, tape 1, section #892) Chairman Wright stepped down on Agenda Item #4, ZA 97-145, and Vice-Chairman Murphy presided. AGENDA ITEM #4. ZA 97-145. F1NAL PLAT FOR TIMARRON ADDITION - WYNDSOR GROVE. PHASE II: Planner Chris Carpenter informed the Commission that this request is for a Final Plat for Timarron Addition - Wyndsor Grove, Phase Two, legally described as being approximately 27.012 acres situated in the O. W. Knight Survey, Abstract No. 899, and being a portion of Tracts 8Fl, 8H, and 8H1. This plat proposes sixty-three (63) residential lots and two (2) common greens. The property Planning and Zoning Commission Meeting Minutes on November 20, 1997 Page 2 of 15 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2! ..22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 is located on the northwest comer of the intersection of Byron Nelson Parkway and East Continental Boulevard. The current zoning is "R-PUD" Residential Planned Unit Development District. The Land Use Category is Medium Density Residential. The owner and applicant is Westerra - Timarron, L.P. Commissioner Jones asked City Attorney Debra Drayovitch to described the Commission's administerial function with Final Plats. Ms. Drayovitch stated that State law provides that if the plat meets the subdivision regulations of the City, then the final authority (either the City Council or the Planning and Zoning Commission) shall approve the plat. She stated that the "shall" language is what deems it mandatory. Todd Janssen (Carter and Burgess) 7950 Elmbrook Drive, Dallas, Texas, stated that he has no problems meeting all of the Staff Review Comments. Commissioner Edmondson stated that she noticed this plat has two (2) additional lots than the previous plat and asked Mr. Janssen how that compares with the Development Plan. Mr. Janssen stated that it has five (5) fewer lots than the original Preliminary Plat, but it has two (2) more than the Revised Preliminary Plat. Vice-Chairman Murphy stated that since the applicant has agreed to meet all of the Review Comments, the Commission is obligated to approve this plat tonight. He stated that a Construction Plan is required by City staff, and also a Developer's Agreement will be negotiated with City Council which is another very public process. (Planning and Zoning Commission meeting, 11-20-97, tape 1, section #1100) Vice-Chairman Murphy stated that since this is a Final Plat, it is not a Public Hearing, but he will open the floor to comments from the audience due to the overwhelming concern with this item. Tom Morris, 403 St. Charles Court, Southlake, Texas, stated that he is very concerned about the drainage in The Dominion. He presented several slides of his neighborhood after a 1"- 1 ½" rain, and he stated that the slides indicate severe drainage problems. He stated that they already have too much water flow, and with the addition of more rooftops in Wyndsor Grove, they will have even more water. He stated that the only way to control the water is for Timarron to place a retention pond in Wyndsor Grove and control flow it in some manner to The Dominion's pond. He asked that the Commission consider his and his neighbors' comments when voting on this item. Public Works Director Bob Whitehead stated that the applicant must meet the Drainage Ordinance and must be able to prove to City staff that they will not impact users upstream or downstream. Thomas Stephen, 711 Dominion Drive, Southlake, Texas, stated that once The Dominion's drainage plans were approved by the City, they become the responsibility of the developer, the builder, and Planning and Zoning Commission Meeting Minutes on November 20, 1997 Page 3 of 15 3 4 5 6 7 8 9 10 I1 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 ultimately the City when the City signs off on it. He stated that them are swales that were not properly built along the east property line adjacent to Wyndsor Grove. He stated that he has talked to Carter and Burgess, City Council, Bob Whitehead, Ron Harper, Curtis Hawk, and Timarron, and he has heard the same thing from every one of them - it is not their problem. He proposed that an outsider look at all three (3) drainage plans (The Dominion, Wyndsor Grove I, Wyndsor Grove II) and solve the problem. Rick Parker, 404 Bayou Vista, Southlake, Texas, asked that the Commission study the drainage calculations for this area. He said that he has been promised that Timarron would install a siltation pond, and he has been promised that the City would require the builders to install silt fences and enforce it. He stated that everybody keeps saying that it is not their problem. He stated that the neighborhood is hiring an engineer at their own expense simply because nobody else will help them. (Planning and Zoning Commission meeting, 11-20-97, tape 1, section #2326 Carolyn Morris, 403 St. Charles Court, Southlake, Texas, thanked the Commission for removing this item from the Consent Agenda and allowing the residents to speak. She stated that she has not had water impact her directly, but her neighbors have. She said that they have talked to everybody they know to talk to, and they get nowhere with anyone. She stated that when the land that is now Wyndsor Grove, Phase I, was raw land, her neighborhood did not have drainage problems. She said that she has watched her amenity ponds being mined with silt and trash. She stated that when the ponds were built they were about 6' deep and now they are about 2'. She asked the Commission to table this item and give their engineer time to study the drainage plans. Suzanne Peterson, 715 Dominion Drive, $outhlake, Texas, stated that there is no silt fence of any type between her property and Timarron's property. She asked the Commission to deny this plat until the residents find a resolution to the drainage problem. Mr. Janssen stated that they will construct a desilting pond adjacent to the Brennan's property during their grading operation. He guessed that the pond will probably be in place mid-spring. Vice-Chairman Murphy asked Mr. Janssen what is preventing him from digging a hole tomorrow to attempt to retain some of the water. Mr. Janssen stated that nothing is preventing him from doing that but stated that he is only speaking as the engineer for the project. He stated that he will pass along that request to those people who make those decisions. Linda Dudas, 713 Dominion Drive, Southlake, Texas, stated that there is no silt screen between her property and Timarron's property. She stated that Timarron keeps dumping dirt to raise the elevation of the lots behind her house which is making the drainage problems worse. She stated that she feels the City of Southlake has put blinders on regarding this situation. She asked that the Commission come walk the fence line to see the problems for themselves. Planning and Zoning Commission Meeting Minutes on November 20, 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 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 Kerry Brennan, 811 Dominion Drive, Southlake, Texas, stated that the drainage plans are bad plans. He stated that he has small children, and he cannot even put up a fence because of these drainage problems. Regarding the slides that Mr. Moore presented, Commissioner Creighton stated that the drainage is not a safe situation. She stated that she certainly does not want to be one of those people who is pointing the other way, and she urged the City to do what it has to do to see that the problem gets resolved and to not approve drainage plans in the future that allow for that type of situation. Commissioner Edmondson stated that the residents deserve a solution to their problem. She stated that she and Commissioner Creighton voted against the Preliminary Plat because of the drainage problems the neighbors presented to the Commission at that time. She stated that it is the City's job to catch and correct when builders do not properly place silt fencing. She stated that unfortunately the Final Plat is not the place to fix drainage problems, but in her opinion, the Preliminary Plat was. Commissioner Jones stated that as was previously stated by the City Attorney, it is the Commission's duty to approve this Final Plat. Motion was made to approve ZA 97-145, subject to Plat Review Summary No. 1, dated November 14, 1997. Motion: Jones Second: Tate Ayes: Edmondson, LeVrier, Tate, Jones, Creighton, Murphy Nays: None Abstain: Wright Approved: 6-0-1 Motion carried. (Planning and Zoning Commission meeting, 11-20-97, tape 1, section #3462) Chairman Wright resumed chairmanship of the meeting. Chairman Wright called for a recess at 8:47 p.m. Chairman Wright called the meeting back to order at 9:05 p.m. AGENDA ITEM #8. TREE PRESERVATION ORDINANCE NO. 585-A: Community Development Director Greg Last presented the latest draft of the ordinance, Draft 4 dated November 14, 1997, to the Commission. He also introduced John Davis who is an arborist who worked with the Work Group on this ordinance. Landscape Administrator Keith Martin was also present to answer any questions from the Commission. Chairman Wright opened the public hearing. Planning and Zoning Commission Meeting Minutes on November 20, 1997 Page $ 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 Carolyn Havens, 1303 WakefieM Court, Southlake, Texas, stated that she was very concerned after the last Planning and Zoning Commission meeting regarding the numerous changes made to the ordinance. She stated that the Work Group represented a good cross-section of people who worked very hard, and she did not understand why there were so many changes. Mike Webster, 100 Braddock Court, Southlake, Texas, stated his concern regarding the concrete being placed over the roots of the trees. He is also concemed about developers and builders who attempt to remove one tree and, at the same time, remove roots from other trees. He stated that he thinks the houses should be placed around the trees instead of removing the trees. He stated that the fewer trees we have, the fewer animals we will have. Rosemary Hutchins (Keep $outhlake Beautiful Board Member) stated that trees provide us with the air we breath, shade and beauty, and they will even save our environment. She stated that Southlake has been designated by the State of Texas as a "Clean City - 2000" which means we have made a conunitment to reduce about 60% of our solid waste by the year 2000. She stated that the most memorable goal the City can set is to save as many trees as possible while still developing. She asked that the Commission approve the ordinance in its original format which came from the Work Group. Lisa Stokdyk (Keep Southlake Beautiful President) 720 N. Peytonville, Southlake, Texas, stated that the intent of the tree survey was to have surveys done on lots before building sites and pads were determined to save the most trees possible. She stated that the direction she understood the Planning and Zoning Commission to be going was to determine the buildable area of a site and then do a tree survey on the remainder of the lot. She also stated her concern with the direction the Commission was headed regarding no tree is protected and valued unless it is at least six inches (6"). She stated that understory trees are also given value. Chairman Wright stated that he misunderstood the meaning of the ordinance at the last meeting, and he did not realize that understory trees were also protected trees. He stated that he is now in agreement that if it is protected, it should be shown on the survey. Ms. Stokdyk also stated her concern with the grading changes allowed being moved back to four inches (4"); she stated that is too much. Chairman Wright closed the public hearing. Director Last stated that he was unclear what the Commission's decision was regarding Page 4, Line 41. The Commission agreed with what was written regarding clear-cutting but decided there needed to be a definition of selective thinning in the ordinance. Regarding selective thinning, Mr. Martin stated that the Texas Forest Service has a ratio called the "D+6 Ratio" which equals the diameter ora tree in inches converted to feet + 6' (a 10" diameter tree would equal 10' + 6' = 16'). Planning and Zoning Commission Meeting Minutes on November 20, 1997 Page 6 of 15 3 4 5 6 7 8 9 10 ll 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 Director Last suggested the following definition based on the first portion of the sentence on Page 5, Line 1, which reads: "Selective Thinning - the removal of selected trees from within a densely forested area." Vice-Chairman Murphy disagreed stating that it is not apparent to him that the ordinance is giving clear direction regarding clear-cutting and selective thinning. He stated that one person's clear- cutting is another person's selective thinning. Dominque Carlucci, 2000 N. Peytonville Avenue, Southlake, Texas, agreed with Vice-Chairman Murphy and stated that the "Selective Thinning" definition need to be defined further. He said that there needs to be something in writing to clarify what exactly is meant. City Attorney Debra Drayovitch stated that she has seen ordinances base their selective thinning requirements on the D+6 Ratio, the canopy coverage, and/or even a percentage of trees. Director Last again suggested the following definition of selective thinning: the removal of selected trees from within a densely forested area. He also suggested the addition of language to Page 5, Line 6 (after the word "trees"), which states something similar to: based on established industry practices which would include the Texas Forest Service D+6 Ratio and possibly a percentage of trees, too. The Commission agreed to Director Last's suggestion. (Planning and Zoning Commission meeting, 11-20-97, tape 1, section #5390) Director Last asked the Commission if they agree with the addition of language on Page 5, Line 8, regarding ground level cuts. The Conunission agreed, but Vice-Chairman Murphy also suggested adding language which allows for stump grinding. The Commission agreed that the new option 3.4.a. 1 (Page 7, Line 5) should replace the old paragraph 3.4.a. 1 (Page 6, Line 38). The Commission agreed that the new option 3.4.b (Page 7, Line 35) should replace the old paragraph 3.4.b (Page 7, Line 24). Ms. Drayovitch stated that they removed the word "mitigation" from the new option 3.4.b. The Commission agreed that the new option 3.4.b.2 (Page 8, Line 16) should replace the old paragraph 3.4.b.2 (Page 8, Line 8). Director Last stated that he changed the word "five (5)" to "seven (7)" on Page 8, Line 25, in order to be consistent. Planning and Zoning Commission Meeting Minutes on November 20, 1997 Page 7 of 15 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Edmondson also stated that the spelling of the word "calender" should be changed to "calendar" on Page 8, Line 25. Vice-Chairman Murphy stated that "Exhibit B" should be changed to "Appendix B" on Page 25. The Commission agreed with the new 3.5.b option (Page 9, Line 1) with the following changes: "Homeowners: The owner of property zoned SF-20, SF-30, SF-1 A, R-PUD, and RE who resides at the property and use the residence as a homestead shall be exempt from the requirements of this ordinance as it pertains to that property or a homeowner who has contracted with a builder to construct his/her residence on that property." Director Last stated that the sentence on Page 9, Line 17, which reads, "This area must be clearly marked on the plan and surrounded with protective fencing on the ground," should be moved to Schedule B and listed as a requirement. He also stated that the next sentence, "A single incidence clear and grub of this "no disturbance" area is permitted," should be moved somewhere in the vicinity of where the "no disturbance" area is described. Commissioner Creighton stated that "clear and grub" should be further defined. Commissioner Edmondson stated that ifa "no disturbance area" is at the back of a property, she does not understand why it would be necessary to remove it. She stated that there may be homeowners who would not want it cleared. Director Last stated that the original intent was to allow a single incident to remove vines and limbs in order to prepare a property for sod. He suggested the words "clear out underbrush and vines" in lieu of "clear and grub." Ms. Stokdyk asked if the Commission is going to restrict the type of vehicles used. Ms. Hutchins asked why the City is exempting homeowners, and she gave the example of "AG" property. Commissioner Jones stated that the "AG" homeowner would only be exempt for the two (2) acres surrounding his dwelling as it is listed on Page 8, Line 32. The Commission agreed that the new option 3.5.c. 1 (Page 9, Line 24) should replace the old 3.5.c. 1 (Page 9, Line 14). The Commission agreed to leave in the sentence which was struck on Page 9, Line 39. (Planning and Zoning Commission meeting, 11-20-97, tape 1, section #6331) Planning and Zoning Commission Meeting Minutes on November 20, 1997 Page 8 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 Director Last stated that he will move the protective fencing requirement from Page 11, Line 22, to the Schedule B. He also asked the Commission to notice that the entirety of section 4.2.c will be replaced by the new option 4.2.c listed on Pace 12, Line 27. Vice-Chairman Murphy asked that the titles of Schedule A and Schedule B be worded differently so that it is more obvious to what we are looking for in each schedule. Chairman Wright stated that he would like to change "30,000" to "20,000" on Item B on Page 13, Line 6. The Commission also agreed to add the words, "as shown on a plot plan" to Item B on Page 13, Line 6. (Planning and Zoning Commission meeting, 11-20-97, tape 1, section #7155) The Commission agreed to remove the sentence, "Canopy of each tree shown approximately to size," from Page 14, Line 14. John Davis, Arborist, stated that the accepted formula for determining the critical root zone is approximately 1' for every diameter inch (10" tree = 10' diameter for the critical root zone). He stated that he agrees with deleting the requirement of showing the size of each canopy. He stated that the Commission should add the requirement of calculating the critical root zone and showing it on the survey. Mr. Davis provided the Commission with a tree placement plan which would cost approximately $500, and Commissioner Jones asked Mr. Davis how much it would cost to do a full-blown tree survey according to the ordinance's specifications. Mr. Davis stated that it would cost anywhere between $1,000 to $3,000. Mr. Davis stated that the ordinance is asking for more information than is really needed. Commissioner Jones asked him what information is really needed. Mr. Davis stated that a Tree Inventory would include the location of each tree, the size of the tree, species of each tree, and also the condition of the trees. The Commission agreed to add the words, "and condition," at the end of the sentence on Line 17, Page 14. The Commission also agreed to make the following change in Item 12 on Page 14, Line 14: "...Trees in close proximity that all have a caliper of less than four inches (4") may be designated as a group of trees with ~ ~ marginal, and understory trees shown." The Commission agreed to delete Item 14 (vertical control) on Page 14, Line 16, in its entirety. Commissioner Jones asked if it is intended to only allow registered professional land surveyors to prepare the tree surveys as indicated on Line 5, Page 14. Planning and Zoning Commission Meeting Minutes on November 20, 1997 Page 9 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 Ronald Hale stated that surveyors are qualified to designate the location of a tree on a piece of property, but they may not be qualified to tell the condition of the tree. The Commission agreed to add certified arborists, and other qualified professionals on Line 5, Page 14. Mr. Davis stated that a certified arborist can provide much more information than a surveyor can regarding the tree surveys. He said a person will get more for his money. The Commission agreed to leave in the combined 4.3.a+b+c on Page 15 and remove the separate a, b, and c. Commissioner Edmondson suggested adding the words, "if it is determined to be in the public interest," to the end of the sentence on Line 11, Page 15. After discussion, it was agreed that the sentence would remain as written primarily due to the wording of Item 4.3.n which refers to the public health, safety, or welfare. Chairman Wright called for a recess at 11:00 p.m. Chairman Wright called the meeting back to order at 11:15 p.m. (Planning and Zoning Commission meeting, 11-20-97, tape 2, section #1168) Regarding Line 34, Page 17, Commissioner Edmondson asked why vehicular traffic would be allowed at all. She stated that it would damage the critical root zone of the trees. Chairman Wright stated that a tractor would need to be able to do clearing and grading. Mr. Davis stated that if Item 6.2.d and 6.2.e are allowed to remain as is, then the ordinance might as well be burned and the Commission should stop wasting their time because it will kill the blackjacks and the post oaks. He stated that vehicular traffic, without first placing a 4"-6" mulch pad, will kill the blackjacks and the post oaks. He stated that the trees may last 8 to 12 years, but they will die if you damage the critical root zone. He stated that cleating the underbrush should be done manually. Mr. Carlucci stated that this statement implies a single incident access, but in reality, it lists five (5) different times in the same paragraph. Vice-Chairman Murphy stated that he does not feel that every one of those incidents will occur. He said that this statement is simply allowing for such developments as emergency utility access. Ms. Stokdyk stated that the Commission needs to seriously look at this situation because many trees are dying due to vehicles damaging their critical root zones. Commissioner Jones stated that trenching for sprinkler systems kills more trees than vehicles. Planning and Zoning Commission Meeting Minutes on November 20, 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 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Vice-Chairman Murphy stated that over-watering is killing post oaks, too. Chairman Wright stated that he feels the Commission has done all they can do and still be practical. Commissioner Creighton asked if the ordinance could still require the mulch pad for vehicular traffic around the blackjacks and post oaks. Chairman Wright stated that it is not practical, and it will not work; it is too expensive. Mr. Davis stated that he offers the mulch free of charge. He stated that they do it for contractors on a fairly regular basis. (Planning and Zoning Commission meeting, 11-20-97, tape 2, section #2018) Commissioner Creighton stated that she does not understand why the mulch pad cannot be a requirement added to the ordinance. Commissioner Edmondson agreed with Commissioner Creighton. Regarding the Grade Changes (Page 17, Line 40), Commissioner Edmondson stated that she has a problem with leaving it at 4" within the limits of the critical root zone of any protected tree. She feels it should be less than 4". Commissioner Jones stated that a lot has to be graded to get the water to flow the right way. Chairman Wright stated that he has never had a problem with a 4" cut or fill. He stated that if he were to go all the way around the tree, there might be a problem, but normally that is not necessary. Mr. Davis stated that the grade variations should be approved by the Landscape Administrator on a necessary basis. (Planning and Zoning Commission meeting, 11-20-97, tape 2, section #2482) Chairman Wright stated that due to the late hour, the Commission will not hear the following cases: ZA 97-134, ZA 97-135, ZA 97-141, ZA 97-149, ZA 97-150, ZA 97-151, and ZA 97-152. He asked for a motion to that effect. AGENDA ITEM #9. ZA 97-134. REZONING AND CONCEPT PLAN FOR THE VILLAGE AT PiNE FOREST: AGENDA ITEM #10. ZA 97-135. PRELIMINARY PLAT FOR THE VILLAGE AT PINE FOREST: AGENDA ITEM #11. ZA 97-141. CONCEPT PLAN FOR KIMBALL/1709 ADDITION: AGENDA ITEM #14. ZA 97-149. SITE PLAN FOR LOT 25R-1. BLOCK 1. WOODLAND HEIGHTS ADDITION: Planning and Zoning Commission Meeting Minutes on November 20, 1997 Page 11 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 AGENDA ITEM #15. ZA 97-150. REZONING AND REVISED SITE PLAN FOR GEORGETOWN PARK: AGENDA ITEM # 16. ZA 97-151. REVISED PRELIMINARY PLAT OF GEORGETOWN PARK. AND AGENDA ITEM #17. ZA 97-152. PLAT REVISION FOR THE PROPOSED LOT 1R. BLOCK 1. GEORGETOWN PARK: Motion was made to table and to continue the Public Heatings to the December 4, 1997, Planning and Zoning Commission meeting. Motion: Murphy Second: Jones Ayes: LeVrier, Tate, Jones, Creighton, Murphy, Edmondson, Wright Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 11-20-97, tape 2, section #2731) AGENDA ITEM #12. ZA97-142. PLAT REVISION OF PROPOSED LOTS 1R3R1. 1R3R2. 1R3R3. AND 2. BLOCK 1. KIMBALL/1709 ADDITION: Motion was made to table and to continue the Public Hearing to the December 18, 1997, Planning and Zoning Commission meeting. Motion: Murphy Second: Edmondson Ayes: Tate, Jones, Creighton, Murphy, Edmondson, LeVrier, Wright Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 11-20-97, tape 2, section #2760) Chairman Wright stepped down on Agenda Item #13, ZA97-148, and Vice-Chairman Murphy presided. AGENDA ITEM # 13. ZA 97-148. PLAT REVISION FOR THE PROPOSED LOTS 58R AND 43R. BLOCK 12. TIMARRON ADDITION - BRENWYCK. PHASE 2: Planner Chris Carpenter informed the Commission that this request is for a Plat Revision for the proposed Lots 58R and 43R, Block 12, Timarron Addition, Brenwyck, Phase 2, being a revision of Lot 58 and 43, Block 12, Timarron Addition, Brenwyck, Phase 2, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide No. 2152, Plat Records, Tarrant County, Texas, out of the O.W. Knight Survey, Abstract No. 899, and being approximately 0.671 acres. The properties are located at 735 Ashleigh Lane and 808 Oakcrest Court, respectively. The current zoning is "R-PUD "Residential Planned Unit Development District. The Planning and Zoning Commission Meeting Minutes on November 20, 1997 Page 12 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 Land Use Category is Medium Density Residential. The owners and applicants are Drees Homes (735 Ashleigh) and Kerry Donegan (808 Oakcrest Court). Eleven (11) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was in favor. Todd Janssen (Carter and Burgess) 7950 Elmbrook Drive, Dallas, Texas, stated that he has no problems meeting all of the Staff Review 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 ZA97-148, subject to Plat Review Summary No. 1, dated November 14, 1997. Motion: Jones Second: Edmondson Ayes: Jones, Creighton, Edmondson, LeVrier, Murphy Nays: None Abstain: Wright, Tate Approved: 5-0-2 Motion carried. (Planning and Zoning Commission meeting, 11-20-97, tape 2, section #2905) Chairman Wright resumed chairmanship of the meeting. The Commission resumed discussion of the Tree Preservation Ordinance. On Section 6.2.e, Director Last suggested adding the following language, "No grade changes unless authorized by the Drainage Inspector or Landscape Administrator," and the Commission agreed. Commissioner Edmondson asked Mr. Davis his opinion regarding the 75%-25% designation in Item 6.3, and he stated that it is workable. Director Last stated that the stricken sentence in Line 17, Page 19, should be added back in. Commissioner Edmondson stated that the utility companies should have to follow the guidelines, too. She said that the ordinance would not prohibit them from laying their lines, but it should encourage them to avoid trenching across the critical root zones wherever possible. Director Last suggested the following language to be added to Line 18, Page 19: "although this will not inhibit the placement of necessary underground services, they are encouraged where possible, to place them outside the critical root zone." The Commission did not like the wording, "where possible." Director Last stated that he would work on the exact language. Planning and Zoning Commission Meeting Minutes on November 20, 1997 Page 13 of 15 ~...q 2 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 42 43 44 Ms. Hutchins stated that the utility companies will cooperate if they are asked. She stated that when she built her home, she told the utility companies where she wanted the trenches and they cooperated. Director Last stated that he will move the definition of "Tree Topping" listed on Page 20, Line 13, to the definition section Chairman Wright stated that "truck" should be changed to "trunk" in Line 19, Page 26. Director Last stated that he will change the reference to "Section 4.2.c.10" listed in Line 33, Page 26, to "Schedules A and B." Motion was made to approve Tree Preservation Ordinance No. 585-A, incorporating the changes recommended by the Commission on Draft 4, dated November 14, 1997. Motion: Second: Ayes: Nays: Approved: Edmondson Creighton Creighton, Murphy, Edmondson, LeVrier, Tate, Jones, Wright None 7-0 Motion carried. (Planning and Zoning Commission meeting, 11-20-97, tape 2, section #4026) AGENDA ITEM # 18. DUE TO CASE RESOLUTION NO. 97-22. THE FOLLOWING CASES WILL NOT BE HEARD ON THIS AGENDA AND WILL BE CONTINUED TO DECEMBER 4. 1997: Case #97-155, Rezoning for Cornerstone Business Park, Phase II, on property out of the C.B. McDonald Survey, Abstract No. 1013, Tracts 1 and 3, and being approximately 67.64 acres. (Public Heating) Case #97-156, Preliminary Plat for Cornerstone Business Park, Phase II, being approximately 67.64 acres out of the C.B. McDonald Survey, Abstract No. 1013, Tracts 1 and 3. (Public Hearing) AGENDA ITEM #19. MEETING ADJOURNMENT: Chairman Wright adjoumed the meeting at 12:36 a.m. on November 21, 1997. Chairman Planning and Zoning Commission Meeting Minutes on November 20, 1997 Page 14 of 15 ATTEST: Lod A. Far,veil Community Development Secretary Planning and Zoning Commission Meeting Minutes on November 20, 1997 Page 15 of 15