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1995-09-21 P&Z Meeting City of Southlake, Texas REGULAR PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 21. 1995 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall TIME: 7:00 P.M. AGENDA: 1. Call to Order. 2. Approval of the Minutes of the Regular Planning and Zoning Commission Meeting of September 7, 1995. 3. Administrative Comments. 4. Consider ZA95 -88, Rezoning for 3.38 acres situated in the William H. Martin Survey, Abstract 1068, Tracts 2A3 & 2A3A1. Location: west side of the private street, Marantha Way. Current Zoning: "AG" Agricultural District; Requested Zoning: "SF -1B" Single Family Residential District. Owner /Applicant: Lawrence L. Post. Spin Neighborhood #12 Public Hearing. 5. Consider: ZA95 -89, Plat Revision of Lots 1R1 and 1R2, Block A, Commerce Business Park, legally described as an 1.5703 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474 and being a revision of Lot 1, Block A, Commerce Business Park as shown on the Plat recorded in Volume 388 -214, Page 60, Plat Records, Tarrant County, Texas. Location: 225 Commerce Street on the Southeast corner of Southlake Blvd (F.M. 1709) and Commerce Street. Current Zoning: "I -1" Light Industrial District. Owner: Randy Pack; Applicant: Landes & Associates Inc. Spin Neighborhood #7 Public Hearing. 6. Consider: ZA95 -90, Site Plan for an Office Complex, being Lot 6, Hiram Granberry No. 581 Addition, and being further described as 0.908 acres situated in the Hiram Granberry Survey, Abstract No. 581. Location: south side of Southlake Blvd. (F.M. 1709) approximately 80' West of the entrance to Lake Crest Addition. Current Zoning: "0-1" Office District. Owner /Applicant: Dr. Timothy Huckabee. Spin Neighborhood #14 Public Hearing. 7. Consider: ZA95 -91, Final Plat for Versailles, being 78.046 acres situated in the J. W. Hale Survey, Abstract No. 803, Tracts lA and 1A3. Location: Northeast corner of South Carroll Avenue and East Continental Blvd., being City of Southlake, Texas REGULAR PLANNING AND ZONING AGENDA SEPTEMBER 21, 1995 PAGE 2 approximately 1/2 mile South of East Southlake Blvd. (F.M. 1709). Current Zoning: "R -PUD ", Residential Planned Unit Development, Ord. No. 480 -143. Owner: Kercho Kochwelp Partnership; Applicant: Versailles, Ltd. Spin Neighborhood #8. This development proposes 102 single - family residential lots, two (2) common areas, one (1) public park, and one (1) school site. 8. Consider: ZA95 -92, Development Plan for Solana, Phase I, being 54.99 acres situated in the R.D. Price Survey, Abstract No. 1207, being all of Tracts 3A2, 3A3A, 3C, and portions of Tracts 3A3, 3A3A1, 3A4A,and 3A4B and the James B. Martin Survey, Abstract No. 1134, being a portion of Tract 1. Location: Northeast of Northwest Parkway (S.H. No. 114), East of East T.W. King Road, North of West Dove St., and West of North White Chapel Blvd. Current Zoning: "C -3, CS, and P.U.D" Districts; Requested Zoning: "R- P.U.D." Residential Planned Unit Development. Owner: MTP -IBM Phase II & III Joint Venture; Applicant: Maguire Thomas Partners. Spin Neighborhood #2. This plan proposes 72 residential lots. Public Hearing. 9. Consider: ZA95 -93, Preliminary Plat for Solana, Phase I, being 54.99 acres situated in the R.D. Price Survey, Abstract No. 1207, being all of Tracts 3A2, 3A3A, 3C, and portions of Tracts 3A3, 3A3A1, 3A4A, and 3A4B and the James B. Martin Survey, Abstract No. 1134, being a portion of Tract 1. Location: Northeast of Northwest Parkway (S.H. No. 114), East of East T.W. King Road, North of West Dove St., and West of North White Chapel Blvd. Current Zoning: "C -3, CS, P.U.D." Districts; Requested Zoning: "R- P.U.D.," Residential Planned Unit Development (currently under consideration). Owner: MTP -IBM Phase II & III Joint Venture; Applicant: Maguire Thomas Partners. Spin Neighborhood #2. This plat proposes 72 residential lots. Public Hearing. 10. Consider: ZA95 -85, Concept Plan for Southlake Retail Center, being 3.351 acres situated in the W.R. Eaves Survey, Abstract No. 500, Tract 2B and proposed Lots 1,2 & 3 W.R. Eaves No. 500 Addition. Location: 1800' West of N. Peytonville Ave., 350' East of Randol Mill Ave., and on the North of W. Southlake Blvd. (F.M. 1709). Current Zoning: "C -2" Local Retail Commercial District. Owners /Applicants: DKV (Sutton) Partners II, L.P., Drews Realty Group, General Partners. SPIN Neighborhood #13. Continue Public Hearing. City of Southlake, Texas REGULAR PLANNING AND ZONING AGENDA SEPTEMBER 21, 1995 PAGE 3 11. Consider: ZA95 -94, Site Plan for Schlotzsky's, being proposed as Lot 1, W. R. Eaves No. 500 Addition, and being legally described as a portion of Tract 2B, 0.826 acres situated in the W.R. Eaves Survey, Abstract No. 500. Location: North of West Southlake Blvd. (F.M. 1709) approximately 800' East of Randol Mill Ave. Current Zoning: "C -2" Local Retail Commercial District. Owner: Schlotsky's Inc.; Applicant: Perspective Design, Inc. Spin Neighorhood #13. Public Hearing. 12. Consider: ZA95 -95, Rezoning for 3.678 acres situated in the J. G. Allen Survey, Abstract No. 18, Tract 6E1. Location: north side of Union Church Rd., approximately 1200' West of Davis Blvd (F.M. 1938). Current Zoning: "AG" Agricultural District; Requested Zoning: "SF -1A" Single Family Residential District. Owners /Applicants: Joseph & Kimiela Mortazani. Spin Neighborhood #15. Public Hearing. 13. Consider: ZA95 -96, Plat Showing of Lots 6 & 7, J. G. Allen No. 18 Addition, being 3.678 acres situated in the J.G. Allen Survey, Abstract No. 18, Tract 6E1. Location: north side of Union Church Rd., approximately 1200' West of Davis Blvd (F.M. 1938). Current Zoning: "AG" Agricultural; Requested Zoning: "SF -1A" Single Family Residential. Owners /Applicants: Joseph & Kimiela Mortazavi. Spin Neighborhood #15. Public Hearing. 14. Consider: ZA95 -77, Rezoning and Site Plan for Stacy Furniture Warehouse, being 5.66 acres legally described as Block B, Lot 2, Commerce Business Park. Location: 280 Commerce Street, approximately 180' South of East Southlake Blvd. (F.M. 1709). Current Zoning: "I -1" Light Industrial District; Requested Zoning: "S -P -1" Detailed Site Plan District to allow "I -1" Light Industrial uses as set forth in Ordinance No. 480, Section 26 and the retail sale of furniture. Owner /Applicant: James R. Stacy d/b /a Stacy Furniture Warehouse. Spin Neighborhood #7. 15. Consider: Revisions to Subdivision Ordinance 483 -D. 16. Discussion: Revisions to Subdivision Ordinance 483 -E regarding private streets. 17. Meeting Adjourned. City of Southlake, Texas REGULAR PLANNING AND ZONING AGENDA SEPTEMBER 21, 1995 PAGE 4 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, September 15, 1995 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. �SO Sandra L. LeGrand •,► City Secretary * If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481 -5581 extension 704, and reasonable accommodations will be made to assist you. G:\ W PF\MTG \AGN \09- 21 -95. W PD REGULAR PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 21, 1995 MINUTES COMMISSION PRESENT: Chairman Joe Wright; Vice - Chairman Ernest Johnson; Members: Randy Arnold, James Murphy, Arthur Hobbs, Rex Potter, and Dona Schroetke COMMISSION ABSENT: none CITY STAFF PRESENT: Zoning Administrator Karen Gandy, Planner Tom Elgin, and Secretary Laurie Sheets The meeting was called to order by Chairman Wright at 7:00 p.m. Agenda Item #2, Approval of Minutes Motion was made to approve the minutes of the September 7, 1995 Planning and Zoning Commission Meeting as revised. Motion: Johnson Second: Hobbs Ayes: Wright, Johnson, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 7 -0 (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #0 -111) Agenda Item #3, Administrative Comments Zoning Administrator Karen Gandy commented to the Commission that the Applicants of two agenda items were requesting to table. (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #111-121) The following agenda items, #8 and #9, were acted upon out of order due to the letters submitted from the Applicants to table. Vice - Chairman Johnson requested to step down on the next two agenda items. The Commission granted permission. Agenda Item #8, ZA95 -92, Development Plan Solana, Phase I Motion was made at the Applicant's request to table ZA95 -92, Development Plan Solana, Phase I REGULAR PLANNING AND ZONING MINUTES SEPTEMBER 21, 1995 PAGE 2 to the Planning and Zoning Meeting on October 19, 1995 and continue the public hearing. Motion: Murphy Second: Hobbs Ayes: Wright, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Abstained: Johnson Approved: 6 -0 -1 (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #121-161) Agenda Item #9. ZA95 -93, Preliminary Plat for Solana, Phase I Motion was made at the Applicant's request to table ZA95 -93, Development Plan Solana, Phase I to the Planning and Zoning Meeting on October 19, 1995 and continue the public hearing. Motion: Arnold Second: Potter Ayes: Wright, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Abstained: Johnson Approved: 6 -0 -1 (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #161 -180) Agenda Item #4, ZA95 -88, Rezoning Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for the Rezoning for 3.38 acres situated in the William H. Martin Survey, Abstract 1068, Tracts 2A3 & 2A3A1. The property is located on the west side of the private street, Marantha Way. The current zoning is "AG" Agricultural District, and the requested zoning is "SF -1B" Single Family Residential District. The Land Use Category is Low Density Residential. The Owner and Applicant is Lawrence L. Post. The property is located in Spin Neighborhood #12. Five (5) written notices were sent out to property owners within the 200 feet notification area, and the Staff has not received any written response. There is no plat submitted. Lawrence L. Post, P.O. Box 820605, Fort Worth, Texas 76182, was present to represent this item. Mr. Post stated to the Commission that the intent of the rezoning request is to build a residence on the property. REGULAR PLANNING AND ZONING MINUTES SEPTEMBER 21, 1995 PAGE 3 Chairman Wright opened the public hearing. No discussion from the audience. Chairman Wright closed the public hearing. Motion was made to approve ZA95 -88, Rezoning from "AG" Agricultural District to "SF-1B" Single Family Residential District. Motion: Johnson Second: Murphy Ayes: Wright, Johnson, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 7 -0 (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #183 -268) Agenda Item #5, ZA95-89. Plat Revision of Lots 1R1 and 1R2. Block A. Commerce Business Park Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for the Plat Revision of Lots 1R1 and 1R2, Block A, Commerce Business Park, legally described as an 1.5703 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474 and being a revision of Lot 1, Block A, Commerce Business Park as shown on the Plat recorded in Volume 388- 214, Page 60, Plat Records, Tarrant County, Texas. The property is located 225 Commerce Street on the Southeast corner of Southlake Blvd (F.M. 1709) and Commerce Street. The current zoning is "I -1" Light Industrial District. The Land Use Category is Mixed Use. The Owner is Randy Pack, and the Applicant is Landes & Associates Inc. The property is located in Spin Neighborhood #7. Three (3) written notices were sent out to property owners within the 200 feet notification area, and the Staff has not received any response. The first submittal illustrates the lot being revised by dividing it from north to south into two equal parts. Vice - Chairman Johnson asked the Staff about item #5 (Driveway Ordinance No. 634 requires a minimum 500 feet spacing between a driveway and street intersection) on the Plat Review Summary No. 1 dated September 15, 1995 relative to the escape clauses in the Driveway Ordinance No. 634. Mr Elgin stated to the Commission that the Driveway Ordinance's purpose is to minimize the number of curb -cuts along F.M. 1709 (Southlake Boulevard). The City Council changed the distance of the first driveway to an intersection to 500 feet. There are no escape clauses for permanent driveways in the ordinance; however, the Applicant is allowed a temporary drive until the adjacent properties develop where a common drive could be used. The ordinance requires the Applicant to meet the spacing requirement. The Applicant is proposing a Common Access REGULAR PLANNING AND ZONING MINUTES SEPTEMBER 21, 1995 PAGE 4 Easement along the west line of the adjacent property (Block B, Lot 1, Southlake Bank Place) in lieu of the access easement the south line of the property as proposed by Staff. Randy Pack, P.O. Box 3049, Grapevine, Texas 76099 -3049, was present to represent this item. Mr. Pack stated to the Commission that a local businessman wants half of the property (Lot 1R1) to construct a dentist office. This prospective businessman does not want an access road onto F.M. 1709 (Southlake Boulevard). The property adjacent to Lot 1R2 has already a drive established. He will grant the businessman a Common Access Easement from Lot 1R2 to the adjacent drive. Commissioner Arnold asked Mr. Pack if he had a chance to review the Plat Review Summary No. 1 dated September 15, 1995 and if he any concerns with the comments. Mr. Pack commented that he had no concerns with the staff review letter except for item #5. Chairman Wright opened the public hearing. No discussion from the audience. Chairman Wright closed the public hearing. Motion was made to approve ZA95 -89, Plat Revision of Lots 1R1 and 1R2, Block A, Commerce Business Park subject to Plat Review Summary No. 1 dated September 15, 1995 with the following recommendations: 1) deleting #5 (providing a minimum 35 feet Common Access Easement along the south line of Lot 1R1) 2) adding the comment (allowing a Common Access Easement from the easternmost portion of Lot 1R2). Motion: Hobbs Second: Potter Ayes: Wright, Johnson, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 7 -0 (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #270 -567) REGULAR PLANNING AND ZONING MINUTES SEPTEMBER 21, 1995 PAGE 5 Agenda Item #6, ZA95 -90, Site Plan for an Office Complex Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for the Site Plan for an Office Complex, being Lot 6, Hiram Granberry No. 581 Addition, and being further described as 0.908 acres situated in the Hiram Granberry Survey, Abstract No. 581. The property is located on the south side of Southlake Blvd. (F.M. 1709) approximately 80' West of the entrance to Lake Crest Addition. The current zoning is "0-1" Office District. The Land Use Category is Medium Density Residential. The Owner and Applicant is Dr. Timothy Huckabee. The property is located in Spin Neighborhood #14. Ten (10) written notices were sent out to property owners within the 200 feet notification area, and the Staff has received one (1) written response that is undecided. The Applicant proposes an entrance on the northwest portion of the property that will also provide a Common Access Easement to the Kennedy Tract west of the property. The drive circulates around the eastern portion of the building with the majority of the parking to the rear of the building. The Site Plan is designed for medical, dental, and general office suites within the structure. Vice - Chairman Johnson asked the Staff for clarification on item #9 (provide dimensions at 90° from the north, south, and west property lines to the point of the building closest to each property line) on the Site Plan Review Summary No. 1 dated September 15, 1995. Planner Tom Elgin commented that the purpose is to define the front, side, and rear setbacks that are perpendicular to the lot lines. Vice - Chairman Johnson asked the Staff if the comments in item #11 were problems or clerical issues pertaining to the building height and setback requirements. Planner Tom Elgin commented that the Staff uses the building height requirements set forth in the UBC that state that on a gable or hip roof, the height is measured from the mid -point between the top -plate and the peak. The Applicant's top - plate is not provided; therefore, the Staff cannot determine the building height. The setback comment refers back to the building height requirement. Thus, the setback might have to be greater than 40 feet to meet the slope requirement established by Ordinance No. 480 -S. Chairman Wright asked the Staff about items, #4 (show the location, type, and height of screening) and #6 (show the location, type, and height of any intended lighting). Zoning Administrator Karen Gandy commented that the ordinance requires the minimum 6 feet screening fence in the F -1 Bufferyard. Tim Huckabee, 2000 E. Northwest Parkway, Southlake, Texas 76092, was present to represent this item Mr. Huckabee stated to the Commission that the proposed elevation has been revised and will be shown in a new submittal on September 25, 1995. He stated the following to clarify and answer the Commission's questions: REGULAR PLANNING AND ZONING MINUTES SEPTEMBER 21, 1995 PAGE 6 1) item #4: there is a preexisting fence on the east side and additional fencing will be along the south and the west side. 2) item #6: the lighting source will be placed on the building for the parking lot and specified in the new submittal, 3) item #11: a) the building height is under 20 feet; comment will not apply b) the tract to the West is currently zoned "AG" Agricultural District and the Land Use Plan specifies it to be Medium Density Residential which also permits some light intensity commercial development. Given the current development pattern, more than likely, the land will be zoned a commercial district in the future and the requested 15 -foot setback is in accordance with a "typical commercial property." The minimum required setback of 40 feet on the West cannot be used because it will destroy the buildable area of the property. Commissioner Hobbs asked Staff the size of the Kennedy Tract. Planner Tom Elgin estimated the tract to be 3 to 3.50 acres. Commissioner Schroetke asked the Staff what the Corridor Overlay Zone will require. Planner Tom Elgin commented that the Corridor Overlay Zone requires a minimum 40 feet setback on any property adjacent to residential property or if the Land Use Plan specifies a Low or Medium Density Residential. Commission Schroetke asked the Applicant about item #13. 4) item #13: the driveway has been positioned as far as possible from the existing driveway from the Lakecrest Addition, and the 500 feet requirement is not feasible due to the size of the property, and Planner Tom Elgin commented that the 500 feet spacing requirement would not be feasible. There would not be any access to his property. 5) item #14: requested to delete the required parking islands in the back due to the problem of trying to get the number of required parking places for medical use. REGULAR PLANNING AND ZONING MINUTES SEPTEMBER 21, 1995 PAGE 7 Vice - Chairman Johnson asked the Staff the discrepancy of what the Applicant has requested and what is required by the City for the number of parking islands. Zoning Administrator Karen Gandy and Planner Tom Elgin commented that the Applicant loses 1 parking place for every 16 on each row. Mr. Huckabee commented that the design exceeds the landscaping requirements; however, the comment specifies landscaping in the parking area which will not be needed due to the excessive landscaping design proposed. Chairman Wright opened the public hearing. No discussion from the audience. Chairman Wright closed the public hearing. Commissioner Hobbs asked the Staff if item #13 would apply. Zoning Administrator Karen Gandy commented that the Applicant has shown the intent to comply with the requirements. Motion was made to approve ZA95 -90, Site Plan for an Office Complex subject to Plan Review Summary No. 1 dated September 15, 1995 with the following recommendations: 1) deleting item #11 (building too close to the west property line, building height incorrectly determined, and building setback lines along the East, South, and North are incorrect), 2) changing item #13 to state that the Applicant and Staff determine specifications and location for the Common Access Easement, and 3) deleting item #14 (provide the required landscaping islands). Motion: Johnson . Second: Hobbs Ayes: Wright, Johnson, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 7 -0 (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #568 -1371) Chairman Wright stepped down on the next agenda item, ZA95 -91, and Vice - Chairman Johnson chaired the meeting for this case. REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 8 Agenda Item #7, ZA95 -91, Final Plat for Versailles Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for the Final Plat for Versailles, being 78.046 acres situated in the J. W. Hale Survey, Abstract No. 803, Tracts 1 A and 1A3. The property is located on the Northeast corner of South Carroll Avenue and East Continental Blvd., being approximately 1/2 mile South of East Southlake Blvd. (F.M. 1709). The current zoning is "R -PUD" Residential Planned Unit Development, Ordinance No. 480 -143. The Land Use Category is Medium Density Residential. The Owner of the property is Kercho Kochwelp Partnership, and the Applicant is Versailles, Ltd. The property is located in Spin Neighborhood #8. This development proposes 103 single - family residential lots, two (2) common areas, one (1) public park, and one (1) school site. No written notices were required to be sent. The plat substantially conforms with the previously approved Preliminary Plat. The Applicant would like to request an amendment for a different configuration. Paul McCracken (Carter & Burgess, Inc.), 7950 Elmbrook, Suite 250, Dallas, Texas 75247, was present to represent this item. Mr. McCracken stated the following items: 1) staff review letter item #11 has been corrected, 2) staff review letter item #13 be revised to show the entire development to be platted at one time; the development will be constructed in different phases. 3) requests to amend the Final Plat to include everything except for Lot 1, Block 6 shown as the school site because the school district can not enter into a purchase agreement for the tract of land at this time, 4) proposed to dedicate all Continental Boulevard right -of -way with this plat, and 5) proposed to dedicate right -of -way and associated connections for the realignment of Carroll Avenue with this plat. Commissioner Murphy asked Mr. McCracken about the proposed phases. Mr. McCracken illustrated a colored -coded visual aid for the location of the phases. Commissioner Murphy asked if he could only plat Phase I to eliminate the school purchase agreement. Mr. McCracken commented that he would like to plat it all at one time rather than having to come back in the future with needed revisions. Zoning Administrator Karen Gandy stated that the Applicant is obligated by a Developer's Agreement at the City Council level to get the new Carroll Avenue dedicated with Phase I final plat. REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 9 Zoning Administrator Karen Gandy asked the Commission that if the Final Plat request is granted to the Applicant, the Staff would like the Applicant to dedicate by separate instrument the 65 feet drainage easement along the western portion of Lot 1, Block 6. Commissioner Murphy asked the Staff if they were comfortable with deleting item #13 on the staff review letter. Zoning Administrator Karen Gandy recommended to amend this item. Motion was made to approve ZA95 -91, Final Plat for Versailles subject to Plat Review Summary No. 1 dated September 15, 1995 with the following recommendations: 1) deleting item #1 (add "1 school site " to the lotting break down below the acreage in the title block), 2) amending item #13 (to delete school site), and 3) dedicating a 65 feet drainage easement along the western portion of the tract, back through the school site by separate instrument. Motion: Murphy Second: Arnold Ayes: Johnson, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Abstained: Wright Approved: 6 -0 -1 (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #1374 -1771) Agenda Item #10, ZA95 -85, Concept Plan for Southlake Retail Center Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for the Concept Plan for Southlake Retail Center, being 3.351 acres situated in the W.R. Eaves Survey, Abstract No. 500, Tract 2B and proposed Lots 1,2 & 3 W.R. Eaves No. 500 Addition. The property is located 1800' West of N. Peytonville Ave., 350' East of Randol Mill Ave., and on the North of W. Southlake Blvd. (F.M. 1709). The current zoning is "C -2" Local Retail Commercial District. The Land Use Category is Mixed Use. The Owners and Applicants are DKV (Sutton) Partners II, L.P., Drews Realty Group, General Partners. The property is located in SPIN Neighborhood #13. Eight (8) written notices were sent out to property owners within the 200 feet notification area, and the Staff has not received any response. The Commission tabled this case at the Planning and Zoning Meeting on September 7, 1995 per the Applicant's request and continued the public hearing to tonight's meeting. REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 10 Vice - Chairman Johnson asked the Staff if item #1 on the Concept Plan Review Summary No. 2 dated September 15, 1995 that referenced the corridor requirement of a 40' rear yard setback adjacent to residential was a problem. Zoning Administrator Karen Gandy commented that the Applicant submitted a plat prior to the adoption of the Corridor Study. She stated that the City Attorney advised that a series of permits vest certain rights under certain ordinances. The plat was submitted prior to the adoption of the Corridor Study; therefore, the Applicant would have certain vested rights under the Subdivision Ordinance. Because the Corridor Study is an amendment to the Zoning Ordinance, the plat submittal does not exclude the Applicant from those requirements except for those requirements which affect the buildable area. John Drews (DKV (Sutton) Partners II, L.P.), 5440 Harvest Hill, Dallas, Texas, was present to represent this item. Mr. Drews commented on the following items: 1) stated that the property will correlate with the existing surrounding properties, 2) Schlotzsky's drive -thru is hidden from view of F.M. 1709 (Southlake Boulevard) and only 10% of business is from the drive -thru, 3) the Corridor Study requires a 20 -foot front bufferyard which cannot be complied with due to the required parking spaces and the location of the drive -thru, 4) recommended that the full access drive be located between Lots 1 and 2, and that the three lots have a Cross -Use Agreement, 5) requested leniency on the driveways' throat depth due to the configuration of the property, 6) delete the bufferyards between lots, and 7) requested 10 -foot front bufferyard for Lot 1 as opposed to the 20 -foot bufferyard required because the existing trees will remain in the southeast corner in the triangle in back of the property. Planner Tom Elgin recommended deleting item #1 on the staff review letter on advice of the City Attorney. Vice - Chairman Johnson stated for the record that the Applicant requested for a 10 -foot front bufferyard instead of a 20 -foot front bufferyard on Lot 1, no 5' -A bufferyard between lots, and leniency on parking in the bufferyards and the driveways' throat depth. Commissioner Murphy asked Mr. Drews if he could restrict the service drive to an entry only. Mr. Drews stated it could be a possibility, and he had no problem with it. REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 11 Vice - Chairman Johnson recommended that the Applicant specify the traffic movements for each proposed driveway (e.g. right - in/right -out) on the Concept Plan. The Applicant agreed to have the western drive be an entrance only, the middle drive be a "right - in/right- out," and the eastern drive be a full access drive as shown. Chairman Wright opened the public hearing. No discussion from the audience. Chairman Wright closed the public hearing. Motion was made to approve ZA95 -85, Concept Plan for Southlake Retail Center subject to Plan Review Summary No. 2 dated September 15, 1995 with the following recommendations: 1) deleting item # 1(rear yard setback required by the Corridor Overlay Zone), 2) adding item #2a (permit the driveway locations as shown on the plan with the following stipulations: western drive is an entrance only, middle drive is "right - in/right- out ", and the eastern drive is full access drive as shown). 3) deleting item #2b (driveway throat depths), 4) deleting item #5 (parking within bufferyards), 5) modifying item #6 (bufferyards) to allow 10 -foot '0' bufferyard on the south side along F.M. 1709 (Southlake Boulevard), and 6) deleting 5' -A bufferyards required on the common line of Lots 2 and 3 and the common line of Lots 1 and 2 (in the common drives). Motion: Johnson Second: Murphy Ayes: Wright, Johnson, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 7 -0 (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #1792 -2842) Chairman Wright called for a recess at 8:30 p.m. REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 12 Chairman Wright reconvened the meeting at 8:41 p.m. Agenda Item #11, ZA95 -94. Site Plan Schlotzsky's Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for the Site Plan for Schlotzsky's, being proposed as Lot 1, W. R. Eaves No. 500 Addition, and being legally described as a portion of Tract 2B, 0.826 acres situated in the W.R. Eaves Survey, Abstract No. 500. The property is located North of West Southlake Blvd. (F.M. 1709) approximately 800' East of Randol Mill Ave. The current zoning is "C -2" Local Retail Commercial District. The Land Use Category is Mixed Use. The Owner is Schlotzsky's Inc., and the Applicant is Perspective Design, Inc. The property is located in Spin Neighborhood #13. Five (5) written notices were sent out to property owners within the 200 feet notification area, and the Staff has not received any response. Zoning Administrator Karen Gandy stated to the Commission that the same vested rights regarding buildable area (discussed in the previous Concept Plan application) apply to this application as well. Planner Tom Elgin stated that item #6 on the Site Plan Review Summary No. 1 dated September 15, 1995 should be deleted per the advice of the City Attorney. Commissioner Potter asked the Staff if item #14b on the staff review letter should be noted as 18 square feet per parking stall per the previous comments. Zoning Administrator Karen Gandy commented that the Applicant indicated that they could comply with the requirement. Planner Tom Elgin added that on the previous Concept Plan, A -85, item #4 indicated the following total landscape island area per lot: Lot 1 requires 23 square feet per stall, Lot 2 requires 18 square feet per stall, and Lot 3 requires 18 square feet per stall. John Drews, (DKV (Sutton) Partners II, L. P.), 5440 Harvest Hill, Dallas, Texas, introduced the representative for this agenda item. John McDonalds (Perspective Design), 3207 Justin Road, Suite B, Flower Mound, Texas 75028, was present to represent this item. Chairman Wright recommended that Mr. McDonalds address the Site Plan Review Summary No. 1 dated September 15, 1995 and add any comments, keeping in mind that item #6 has been deleted per Staff's request. Mr. McDonalds stated that item #16 on the staff review letter will be applied to the Site Plan. The buffers are based on the Concept Plan. Planner Tom Elgin asked Mr. McDonalds if he had a clear understanding of the articulation REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 13 requirements. Mr. McDonalds commented that he has an understanding of the requirements; however, he does have some questions regarding the "stipulations of the ordinance." Planner Tom Elgin commented that the Corridor Study has articulation requirements intended for all facades if the property is within 400 feet of a residential zoned property or property designated as a Low or Medium Density Residential on the Land Use Plan. Planner Tom Elgin stated to the Commission that the Applicant meets the intent of the articulation requirements except for the one side facade that would face Lot 2 and the rear facade that is along Myers Meadows' platted Open Space. Vice - Chairman Johnson asked Mr. McDonalds for his comments on the different approach in item #14b (bufferyard and interior landscaping planting) on the staff review letter as opposed to the comment on the Concept Plan. Chairman Wright commented that item # 14b will follow the Concept Plan and would be applied. Vice - Chairman Johnson asked the Staff if the formula calculation was derived from the formula on the Concept Plan. Planner Tom Elgin stated that the required landscape is a function of the Landscape Ordinance; generally at the Concept Plan level the Staff does not address the specifics on the interior landscape. Vice - Chairman Johnson stated that the ground rules of the Concept Plan will be followed on the Site Plan. He asked the Staff if item #14b regarding the "area provided = ? ?? square feet" will be sufficient. Planner Tom Elgin confirmed that the Applicant will provide the required square footage. Planner Tom Elgin also commented that when the Corridor Study was being derived, horizontal and vertical articulations was based on "simple forms, blocks ". The elevation presented by the Applicant shows front and side facades that will face F.M. 1709 (Southlake Boulevard) with three major setbacks which meet the requirements on horizontal and vertical articulations. The side elevation facade length exceeds three times the height, however, the total number of articulations required are there. The Applicant just placed the three setbacks together. The vertical elevations that do not meet the requirements are on the side that faces the Myers Meadow Addition and the back of the property where the drive -thru is proposed. He stated that the Applicant would have to move the drive -lane or push the building forward to meet the requirement. The horizontal articulation on the rear facade might not allow the building to fit on the lot. Mr. Drews stated that the rear facade actually faces the northwest and is not visible from F.M. 1709 (Southlake Boulevard). Mr. McDonalds added that the Site Plan's objective is to complement the neighboring center (Southlake Marketplace) which has a metal roof; additionally, the plan will incorporate a standing seam metal roof in the design with as much stone as feasible. The corners will all have quoins. The sign will be a monument sign with stone. The drive -thru will have hanging rods supporting the canopies. The sign to the left of the drive -thru will have old- style, etched advertisements. The building will be 50 feet wide. Commissioner Hobbs stated that the Applicant has agreed to heavily landscaped with trees the area on the northwest side of the building that was designated as interior landscaping on the Concept Plan. Chairman Wright opened the public hearing. REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 14 No discussion from the audience. Chairman Wright closed the public hearing. Motion was made to approve ZA95 -94, Site Plan for Schlotzsky's subject to Plan Review Summary No. 1 dated September 15, 1995 with the following recommendations: 1) deleting item #6 (rear yard setback established by Corridor Overlay Zone), 2) modifying item #14 (deleting 5 -foot bufferyard 'A' on the west, reducing 20 -foot bufferyard '0' on the south to 10"0' bufferyard as shown, and permitting the interior landscape parking islands as shown - -to conform to the Concept Plan as approved), and 3) modifying item #16 (building articulation) to fit the Applicant's presentation. Motion: Murphy Second: Johnson Ayes: Wright, Johnson, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 7 -0 (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #2871 -3686) Agenda Item #12, ZA95-95. Rezoning Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for the Rezoning for 3.678 acres situated in the J. G. Allen Survey, Abstract No. 18, Tract 6E1. The property is located on the north side of Union Church Rd., approximately 1200' West of Davis Blvd (F.M. 1938). The current zoning is "AG" Agricultural District, and the requested zoning is "SF -1A" Single Family Residential District. The Land Use Category is Low Density Residential. The Owners and Applicants are Joseph & Kimiela Mortazavi. The property is located in SPIN Neighborhood #15. Four (4) written notices were sent out to property owners within the 200 feet notification area, and the Staff has not received any response. Note, the Southlake /Keller city limit line is due South of the site. The property was annexed in 1988. There are no structures the property. Randy Sullivan (representing Mr. and Mrs. Mortazavi) was present to represent this item. Mr. Sullivan commented to the Commission that the intent of the Applicant was to rezone from an agricultural district to a single family district. REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 15 Commissioner Potter asked Mr. Sullivan what were the plans for the property. Mr. Sullivan stated that one house is planned to be constructed. Chairman Wright opened the public hearing. No discussion from the audience. Chairman Wright closed the public hearing. Motion was made to approve ZA95 -95, Rezoning from "AG" Agricultural District to "SF -1A" Single Family Residential District. Motion: Murphy Second: Hobbs Ayes: Wright, Johnson, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 7 -0 (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #3688 -3790) Agenda Item #13, ZA95 -96, Plat Showing of Lots 7 & 8, J.G. Allen No. 18 Addition Zoning Administrator Karen Gandy informed the Commission that the Applicant's request is for the Plat Showing of Lots 7 & 8, J. G. Allen No. 18 Addition, being 3.678 acres situated in the J.G. Allen Survey, Abstract No. 18, Tract 6E1. The property is located north side of Union Church Rd., approximately 1200' West of Davis Blvd (F.M. 1938). The current zoning is "AG" Agricultural, and the requested zoning is "SF -1A" Single Family Residential. The Land Use Category is Low Density Residential. The Owners and Applicants are Joseph & Kimiela Mortazavi. The property is located SPIN in Neighborhood #15. Four (4) written notices were sent out to property owners within the 200 feet notification area, and the Staff has not received any response. The two lots will have frontage on Union Church. No internal infrastructure improvements are necessary. Randy Sullivan (representing Mr. and Mrs. Mortazavi) was present to represent this item. Mr. Sullivan stated that the intent of the Applicant is to build a house on Lot 7. The reason for subdividing the property into two lots is for tax reasons. Chairman Wright asked Mr. Sullivan if the Plat Review Summary No. 1 dated September 15, 1995 had been reviewed and asked if there were any problems with the staff comments. Mr. Sullivan stated that there were no problems. REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 16 Chairman Wright opened the public hearing. No discussion from the audience. Chairman Wright closed the public hearing. Motion was made to approve ZA95 -96, Plat Showing of Lots 7 & 8, J.G. Allen No. 18 Addition subject to Plat Review Summary No. 1 dated September 15, 1995. Motion: Hobbs Second: Arnold Ayes: Wright, Johnson, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 7 -0 (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #3793 -3900) Agenda Item #14. ZA95 -77, Rezoning and Site Plan for Stacy Furniture Warehouse Vice - Chairman Johnson recommended that the Commission table this item until the second meeting in October because no revised plans were submitted by the Applicant for review. Rick Stacy (Stacy's Furniture), 1000 W. Southlake Boulevard, Southlake, Texas 76092, was present to represent this item. Mr. Stacy stated to the Commission that new plans were submitted this afternoon to the Staff and he did not know if the Staff had a chance to review the plans. Chairman Wright commented that the Commission has not had an opportunity to review the newly submitted plans and asked the Applicant if he had a date he would prefer to table the case to. Mr. Stacy commented that he would not have an opportunity to address this case until October 19, 1995. Motion was made at the Applicant's request to table ZA95 -77, Rezoning and Site Plan for Stacy Furniture Warehouse until October 19, 1995 and continue the public hearing. Motion: Johnson Second: Murphy Ayes: Wright, Johnson, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 7 -0 Chairman Wright stated that at the previous meeting, Mr. Stacy commented that his preference was REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 17 to build a retail furniture store on the north side of the property and the property remaining be for his warehouse. He asked what was the problem with granting him this request. Vice - Chairman Johnson commented that the Zoning Ordinance does not allow this type of retail store in the property's current zoning district and it would take a Zoning Ordinance amendment to accommodate this request. Commissioners Murphy and Hobbs also stated that the Applicant did not want to give up the current zoning. Chairman Wright stated that the Applicant did not want the current zoning applied to the entire piece of property and the Applicant did not indicate any zoning request for the northern piece of the property. Zoning Administrator Karen Gandy commented that last year the Applicant met with Staff to discuss this, and the ratio for the number of parking spaces was applied, as in his current request; however , this issue was not resolved. The Applicant does not own the north tract of land in front and adjacent to his property. Commissioner Hobbs stated to Mr. Stacy that at the previous meeting he had agreed to provide the Commission with a report on how other furniture stores (similar to his facility) planned their parking spaces and asked him if he was willing to provide the Commission with the request. Mr. Stacy commented that this report could be provided for review. Vice - Chairman Johnson stated that "I -1" Light Industrial District does not permit retail; thus, the Applicant is requesting "S -P -1" Detailed Site Plan District to be able to accommodate the retail use. Chairman Wright asked Mr. Stacy if he was agreeable to rezoning the north tract of land adjacent to his property and build a retail furniture store on it. Mr. Stacy commented that he was not in disagreement. Mr. Stacy commented that, per most cities, an Applicant is permitted a retail use in an industrial district; however, in the City of Southlake, it is not permitted. Chairman Wright recommended that the applicant rezone the north tract of land (Gregory Tract) to the "C -3" General Commercial District and the remainder of the property remain for warehouse use. Mr. Stacy commented that there was a previous request in which the original building proposed two 45,000 square feet floors adjacent to the Gregory property line and the entire Gregory Tract was proposed as a parking lot to accommodate the building. Chairman Wright reminded Mr. Stacy that the two - story building needed to be placed in a "C -3" District. Mr. Stacy commented that currently there are no plans to purchase the Gregory property. Vice - Chairman Johnson reminded Mr. Stacy if he intended to follow -up with this recommendation that all the details need to be worked through. Mr. Stacy commented that although he had worked on this previous proposal for months, issues could not be resolved to satisfy the requirements set forth by the City. Vice - Chairman Johnson asked Mr. Stacy if he would like to rethink his submittal. Chairman Wright recommended that Mr. Stacy research this recommendation or present his current request on October 19, 1995. Mr. Stacy stated that he would look into this. Zoning Administrator Karen Gandy presented the Commission with research on how the neighboring cities accommodate parking spaces for furniture stores. Keller and Euless require 2 parking places, plus a 1 to 300 ratio for every 1,000 square foot of floor area thereafter. REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 18 (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #3911 -4943) Agenda Item #15 Revisions to Subdivision Ordinance No. 483 -D Planner Tom Elgin stated to the Commission that the revisions made at the Planning and Zoning Meeting on September 7, 1995 have been incorporated into Subdivision Ordinance No. 483 -D. However, the City Attorney has added some additional comments which mainly address clerical issues and those items have not been incorporated. Planner Tom Elgin stated that diagrams were submitted for the curvilinear proposal. The Commission began their discussion on the "clouded areas" with Planner Tom Elgin addressing their specific questions on each item. 1) page 2, items 5 and 6 state for the case number to be provided in the lower left hand corner of the plat, Vice - Chairman Johnson asked the Staff about the timing problem. Planner Tom Elgin stated that the issue is still being looked into. 2) page 5, item 24 was based on the request of the City Engineer Ron Harper to specify that water, sewer, and drainage easements be a minimum of 15 feet width, Chairman Wright suggested a 10 feet requirement for water or sewer easements and a minimum of 10 feet for the drainage easement unless otherwise recommended differently by the City Engineer. Vice - Chairman Johnson recommended deleting the drainage easement requirement and using what the Drainage Ordinance calls for, and the remaining utility easements (water, sewer, gas, telephone, etc.) specify only the 10 feet. Vice - Chairman Johnson asked the Staff to clarify the intent of the comment "Easements for electrical utilities shall be a minimum of ten feet in width and may be centered on lot lines unless otherwise recommended by the City's Engineer ". Planner Tom Elgin commented that the recommendation is to off -set the water and sewer easements into one lot. T.U. Electric, however, requests flexibility to move the transformer within the 10 feet. 3) page 2, item 27 had the note "Preliminary grading for streets may begin prior to approval of a Developer's Agreement." REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 19 4) pages 6 and 7 are new comments that the City Attorney recommended to incorporate in the Subdivision Ordinance that specify the requirements for a public hearing and notification, Planner Tom Elgin stated that at the present most of the notification for the cases are followed by the Local Government Code, however, the public hearing and notification requirements set by the City exceed the requirements in certain situations. 5) page 8, item 33, subitem 2.a is already in the Subdivision Ordinance, however the comment requiring that the block length be less than 800 feet was deleted, 6) page 8, item 33, subitem 2, cases bl and b2 are two possible options on how to treat cul -de -sacs lots, Vice - Chairman Johnson asked the Staff to clarify the 800 feet block length comment that was deleted on case a. Planner Tom Elgin stated that under the current Subdivision Ordinance, the lots would be counted as curvilinear. Planner Tom Elgin added that any lot that faces a cul -de -sac is counted whether it has a bend in it or faces back -to -back with another cul -de -sac. Case b states that if there is a plat request that has two cul -de -sacs back -to -back (two cul -de -sacs that have a common centerline) would not be counted as having a curvilinear design. The intent of this requirement is not to allow a plat request to repeat a lot pattern three times. Vice - Chairman Johnson asked the Staff if the case is implementing that 50% of the frontage of a given lot has 800 feet radius, "lot -by- lot -by- lot ". Planner Tom Elgin commented that it is reviewed "lot -by- lot -by- lot ". Vice - Chairman Johnson commented that if cul -de -sacs are to be aligned there might be some dimension from the maximum sum of the two that governs. Vice - Chairman Johnson recommended that the Commission and the Staff look at this section more with the intent to clarify how the curvilinear design is counted in a percentage term based on the length as opposed to a "flat number." Planner Tom Elgin stated that he would bring other possibilities and would evaluate how they relate to existing plats. (Planning and Zoning Meeting, 09- 21 -95, tape 1, # 4945 -7027) 7) page 11, item 40, subitem 2, cases 1 and 2 (125 feet requirement on the rear property) clarified the intent for a transition from the 1 -acre lots to lots less than 1 acre. 8) page 12, items 42 had the language simplified, REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 20 9) page 12, item 43 had the words changed as recommended, and 10) page 12, item 45 had the language simplified. Chairman Wright opened the public hearing. No discussion from the audience. Motion was made to table Subdivision Ordinance No. 483 -D until October 5, 1995 and continue the public hearing. Motion: Murphy Second: Hobbs Ayes: Wright, Johnson, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 7 -0 (Planning and Zoning Meeting, 09- 21 -95, tape 2, #0 -819) Agenda Item #16. Revisions to Subdivision Ordinance 483 -E Planner Tom Elgin informed the Commission that Subdivision Ordinance No. 483 -E is presented for discussion. The language was derived from Mansfield and Plano ordinances which address requirements for private streets. There has been some concern from the City Council on when the private streets issue should be addressed. Presently, the issue is addressed on a case -by -case basis. The Commission and the Staff agreed that private streets should be addressed at the Preliminary Plat phase. Commissioner Hobbs recommended to the Staff to have the City Attorney look at this Subdivision Ordinance to see where the Commission stands on in legal terms. Chairman Wright recommended putting in the sentence "There will be no private streets." in the Subdivision Ordinance. Zoning Administrator Karen Gandy informed the Commission that this item will be listed as a consider item on the next Planning and Zoning Agenda because of the legal notification, however, the Commission can start the public hearing and table it to later date if desired. (Planning and Zoning Meeting, 09- 21 -95, tape 2, section #820 -1586) REGULAR PLANNING AND ZONING SEPTEMBER 21, 1995 PAGE 21 Agenda Item #17. Meeting Adjourned Chairman Wright adjourned the meeting at 11:30 p.m. on September 21, 1995. Motion: Potter Second: Murphy Ayes: Wright, Johnson, Arnold, Murphy, Hobbs, Potter, and Schroetke Nays: none Approved: 7 -0 (Planning and Zoning Meeting, 09- 21 -95, tape 1, section #1586 -1587) 41 Joe Wright, Chairman ATTEST: Laurie Sheets Community Development Secretary G: \ W PF \MTG \MIN \09- 21 -95. MIN