2004-04-08 P&Z Meeting
REGULAR PLANNING & ZONING COMMISSION MEETING April 8, 2004
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers of City Hall
WORK SESSION: 6:00 P.M.
1. Discussion of all items on tonight's meeting agenda.
REGULAR SESSION: 6:30 P.M.
1. Call to Order
2. Approval of the minutes of the Planning and Zoning Commission meeting held on March 18,
2004.
3. Administrative Comments
REGULAR AGENDA:
4. Consider: RESOLUTION NO. 04-022, AN AMENDMENT TO THE MASTER
THOROUGHFARE PLAN FOR KIRKWOOD BOULEVARD EXTENSION.
PUBLIC HEARING CONTINUED FROM FEBRUARY 5, 2004
5. Consider: ZA03-099, ZONING CHANGE AND SITE PLAN FOR FEEDSTORE BBQ
described as Tract 41) and a portion of Tract IF, H. Granberry Abstract No. 581,
located at 530 S. White Chapel Boulevard, Southlake, Texas. Current Zoning: "C-
1" Neighborhood Commercial District and "AG" Agricultural District. Requested
Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood # 14.
PUBLIC HEARING
6. Consider: ZA04-006, ZONING CHANGE AND SITE PLAN FOR TAMER OFFICE
BUILDING described as Lot 1, Block 4, Timarron Phase One, Section Two, Bent
Creek, located at 175 E. Continental Drive, Southlake, Texas. Current Zoning:
"R-PUD" Residential Planned Unit Development District. Requested Zoning: "S-
P-1" Detailed Site Plan District. SPIN Neighborhood # 9W.
PUBLIC HEARING
7. Consider: ZA04-013, REVISED SITE PLAN FOR WRIGHT PROFESSIONAL BUILDING
on property located at 200 E. Southlake Boulevard (FM 1709), Southlake, Texas.
Current zoning: "0-1" Office District. SPIN Neighborhood # 10.
PUBLIC HEARING
PLANNING AND ZONING COMMISSION AGENDA
April 8, 2004
PAGE2
8. Consider: ZA04-014, SPECIFIC USE PERMIT FOR OUTSIDE SALES OR SERVICE to
allow Sno-Cone stand sales for the months of April through September on
property located at 2199 East Dove Road, Southlake, Texas. Current Zoning: "C-
1" Neighborhood Commercial District. SPIN Neighborhood # 5.
PUBLIC HEARING
9. Consider: ZA04-015, SPECIFIC USE PERMIT FOR OUTSIDE SALES OR SERVICE to
allow Sno-Cone stand sales for the months of April through September on
property located at 2232 W. Southlake Boulevard (FM 1709), Southlake, Texas.
Current Zoning: "C-3" General Commercial District. SPIN Neighborhood # 15.
PUBLIC HEARING
10. Consider: ZA04-018, SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC
BEVERAGES at the Melting Pot on property located at 2777 E. Southlake
Boulevard (FM 1709), Ste. 100, Southlake, Texas. Current Zoning: "S-P-2"
General Site Plan District. SPIN Neighborhood # 7.
PUBLIC HEARING
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400
Main Street, Southlake, Texas, on Friday, April 2, 2004, at 6:00 p.m., pursuant to the Texas
Government Code, Chapter 551.
s
nn } e • (n
Lori Farwell \
City Secretary
''////AIAIIAAA`
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 481-1519, and reasonable accommodations will be made to assist you.
SPECIAL PLANNING & ZONING COMMISSION MEETING April 8, 2004
LOCATION: 1400 Main Street, Southlake, Texas
Third Floor Training Rooms of City Hall
WORK SESSION: Immediately following the adjournment of the Regular Planning and
Zoning Commission Meeting held at 6:30 P.M., April 8, 2004.
1. Discussion of the Sign Ordinance.
2. Discussion of the Southlake 2025 Plan.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400
Main Street, Southlake, Texas, on Friday, April 2, 2004, at 6:00 p.m., pursuant to the Texas
Government Code, Chapter 5 51. . x
1* r V~i~mnaaa,ee~` YOB:
Lori Farwell v
City Secretary `
If you plan to attend this public meeting and havYluidisttb~i ity that requires special needs, please advise the City
Secretary 48 hours in advance at 481-1519, and reasonable accommodations will be made to assist you.
I REGULAR PLANNING AND ZONING
2 COMMISSION MEETING
3 April 8, 2004
4
5 COMMISSIONERS PRESENT: Chairman Vernon Stansell; and Commissioners: Ralph Williams,
6 Mike Springer, and Debra Edmondson.
7
8 COMMISSIONERS ABSENT: Vice Chairman Ron Kulpinski and Bill Vaughan
9
10 CITY STAFF PRESENT: Bruce Payne, Planning Director; Dennis Killough, Senior Planner; Ken
11 Baker, Senior Planner; Angela Turner, Graduate Engineer; and Lorrie Fletcher, Administrative
12 Assistant.
13
14 Chairman Stansell called the meeting to order at 6:40 p.m.
15
16
17 AGENDA ITEM # 2, APPROVAL OF MINUTES:
18 Chairman Stansell opened discussion of the minutes of the Planning and Zoning Commission
19 meeting held on March 18, 2004. Commissioner Edmondson amended the motion for case ZA03-
20 094, Zoning Change and Site Plan for Blue Haven Pools.
21
22 Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on
23 March 18, 2004, as amended.
24
25 Motion: Edmondson
26 Second: Williams
27 Ayes: Williams, Springer, Edmondson, Stansell
28 Nays: None
29 Approved: 4-0
30 Motion carried.
31
32
33 AGENDA ITEM # 3, ADMINISTRATIVE COMMENTS:
34 Bruce Payne announced an appeal to the tree ordinance will be heard April 22, 2004; the Planning
35 and Zoning Commission will act as Tree Board prior to their regular agenda.
36
37
38 AGENDA ITEM # 4 RESOLUTION NO. 04-022 AN AMENDMENT TO THE MASTER
39 THOROUGHFARE PLAN FOR KIRKWOOD BOULEVARD EXTENSION:
40 Senior Planner Ken Baker presented this item to the Commission.
41
42 Chairman Stansell opened the public hearing.
43
Planning and Zoning Commission Meeting Minutes on April 8, 2004 1
I Miles Prestemon, representative from Newland Communities, 3429 Caleche Court, Plano, Texas
2 spoke in support of option two.
3
4 Jere Francis, 1211 Ashmoore Court, Southlake, Texas spoke in opposition stating he would like
5 to see the service roads utilized.
6
7 Chairman Stansell closed the public hearing.
8
9 The Commission agreed to defer action and take this item to the Southlake 2025 Master
10 Thoroughfare Plan work session.
11
12
13 AGENDA ITEM # 5 ZA03-099 ZONING CHANGE AND SITE PLAN FOR FEEDSTORE
14 BBB:
15 Senior Planner Dennis Killough presented this item to the Commission for a zoning change and site
16 plan. The property is described as Tract 4D and a portion of Tract IF, H. Granberry Abstract No.
17 581, located at 530 S. White Chapel Boulevard, Southlake, Texas. The current zoning is C-1
18 Neighborhood Commercial District and AG Agricultural District. The requested zoning is S-P-1
19 Detailed Site Plan District. SPIN Neighborhood # 14. The Owner/Applicant is Bill Lafavers.
20
21 Bill Lafavers, 620 White Chapel Boulevard, Southlake, Texas, owner of Feedstore BBQ
22 presented this item to the Commission.
23
24 This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance
25 No. 480, as amended, as it pertains to the "C-1" Neighborhood Commercial District uses and
26 regulations with the following exceptions:
27
28 1) The floor area of the restaurant operation shall not exceed 2,800 square feet.
29
30 2) Front Yard shall be no less than 10 feet from the right-of-way of S. White Chapel
31 Boulevard as it is indicated on the site plan made a part of this ordinance.
32
33 3) Bufferyards shall not be required.
34
35 4) No building articulation shall be required.
36
37 5) The screening requirements of Ordinance 480, Section 39.4.b. (Screening required where
38 a non-residential use abuts a residentially zoned property or property having an
39 occupied residential having a residential zoning designation) shall not apply.
40
41 6) Any existing non-conforming conditions not specifically addressed by the this "S-P-1"
42 zoning district shall be permitted to remain under the conditions prescribed in Ordinance
43 No. 480, Section 6, as amended, "Non-conforming Uses".
Planning and Zoning Commission Meeting Minutes on April 8, 2004 2
I Chairman Stansell opened the public hearing.
2
3 Wilfred Anderson, 555 S. White Chapel Boulevard, Southlake, Texas spoke in support.
4
5 George Grubbs, 702 S. White Chapel Boulevard, Southlake, Texas spoke in opposition.
6
7 Gary Goodman, 1555 Bent Creek Drive, Southlake, Texas spoke in support.
8
9 Ron Linkous, 500 S. White Chapel Boulevard, Southlake, Texas spoke in opposition.
10
11 Ed Field, 340 Glenrose Court, Southlake, Texas spoke in support.
12
13 Robert Dean, 911 S. White Chapel Boulevard, Southlake, Texas spoke in support.
14
15 Gary Hargett, 1111 S. White Chapel Boulevard, Southlake, Texas spoke in opposition.
16
17 Judy Thomas, 840 White Chapel Boulevard, Southlake, Texas spoke in support.
18
19 Chairman Stansell read the remaining registration cards of those who did not wish to speak.
20
21 The following people did not wish to speak but were in support:
22
23 Doris Lafavers, 303 E. Highland, Southlake, Texas
24 Mike Lafavers, 303 E. Highland, Southlake, Texas
25 Brian Small, 1342 Ten Bar Trail, Southlake, Texas
26 Shari Small, 1342 Ten Bar Trail, Southlake, Texas
27 Chuck Blucher, 1218 Westmont Drive, Southlake, Texas
28 Fred Vincent, 3047 Sweet Briar, Grapevine, Texas
29 Susan Brannigan, 1218 Westmont Drive, Southlake, Texas
30 Christopher Vincent, 3047 Sweet Briar, Grapevine, Texas
31 D.E. Ekstrom, 1905 Foxfire, Southlake, Texas
32 Bob Sanders, 2212 Watercrest Drive, Keller, Texas
33 Mary Ann Sanders, 2212 Watercrest Drive, Keller, Texas
34 Robert Lowe, 713 Nettleton Drive, Southlake, Texas comments: "The proposal allows the
35 restaurant operating as The Feedstore to meet current city guidelines and regulations. This
36 restaurant has become a fine city tradition and should continue as such. I fully support the effort
37 to meet the City of Southlake's zoning requirements.
38 Jerene Lafavers, 520 S. White Chapel Boulevard, Southlake, Texas
39 Jerry Palon, 903 Suffolk Ct., Southlake, Texas
40 Matt Lafavers, 520 S. White Chapel Boulevard, Southlake, Texas
41 Donna Palon, 903 Suffolk Ct., Southlake, Texas
42
43 The following person did not wish to speak but is in opposition:
Planning and Zoning Commission Meeting Minutes on April 8, 2004 3
1 Sherry Hargett, 1111 S. White Chapel Boulevard, Southlake, Texas
2
3 Chairman Stansell continued with the public hearing
4
5 Mark McLemore, 533 S. White Chapel Boulevard, Southlake, Texas spoke in opposition
6
7 Chairman Stansell closed the public hearing
8
9 Bill Lafavers commented on the neighbor's issues and answered questions regarding screening,
10 parking, and alcohol sales.
11
12 Ron Linkous, 500 S. White Chapel Boulevard, Southlake, Texas asked questions about legal
13 enforcements regarding hours of operation and alcohol sales. He also had questions about the
14 screening.
15
16 George Grubbs, 702 S. White Chapel Boulevard, Southlake, Texas asked questions about the
17 square footage and parking. He felt there were drastic changes being applied for... he also
18 addressed the hours of operation.
19
20 Bruce Payne clarified the issues regarding the non-conforming uses.
21
22 The Commission continued with their discussion.
23
24 Gary Hargett, 1111 S. White Chapel Boulevard, Southlake, Texas asked if there was a
25 "disturbing the peace" ordinance for residential neighborhoods and if so if it applied to this site.
26
27 Chairman Stansell called for final discussion from the Commission.
28
29 Motion was made to approve ZA03-099, subject to Site Plan Review Summary No. 2, dated
30 April 2, 2004, with the following changes and additions: Requiring the applicant to meet the
31 screening requirements of our zoning ordinance specifically requiring 8 foot wax myrtles around
32 the perimeter of the property and 8 foot wooden screening around any of the storage / trash
33 receptacles. Limiting the floor area of the building to 2800 square feet. Limiting the parking to 40
34 spaces as shown by eliminating the three parking spaces adjacent to White Chapel Boulevard on
35 the northern portion of the property. Accepting the applicant's agreement to immediately pave
36 the back of the property. Limiting the impervious coverage on the site to 62%. Restricting the
37 use to a restaurant only. Noting for the public record that the applicant has agreed to limit his
38 regular hours of operation to 10 p.m. and the total percentage of alcohol sold to 20%.
39
40 Motion: Edmondson
41 Second: Williams
42 Ayes: Springer, Edmondson, Williams, Stansell
43 Nays: None
Planning and Zoning Commission Meeting Minutes on April 8, 2004 4
I Approved: 4-0
2 Motion carried
3
4
5 AGENDA ITEM # 7 ZA04-013 REVISED SITE PLAN FOR WRIGHT PROFESSIONAL
6 BUILDING:
7 The property is located at 200 E. Southlake Boulevard, Southlake, Texas. The current zoning is O-1
8 Office District. SPIN Neighborhood # 10. The Owner is Gregory B. Wright, DDS PA. The
9 Applicant is BGO Architects, L.P.
10
11 The Applicant has submitted a letter requesting to table this item until April 22, 2004.
12
13 Motion was made to table ZA04-013 until April 22, 2004.
14
15 Motion: Edmondson
16 Second: Williams
17 Ayes: Edmondson, Williams, Springer, Stansell
18 Nays: None
19 Approved: 4-0
20 Motion to table carried
21
22 Chairman Stansell called for a break.
23
24 Chairman Stansell called the meeting back to order.
25
26
27 AGENDA ITEM # 6 ZA04-006 ZONING CHANGE AND SITE PLAN FOR TAMER OFFICE
28 BUILDING:
29 Senior Planner Dennis Killough presented this item to the Commission for a zoning change and site
30 plan. The property is described as Lot 1, Block 4, Timarron Phase One, Section Two, Bent Creek,
31 located at 175 E. Continental Drive, Southlake, Texas. The current zoning is R-PUD Residential
32 Planned Unit Development District. The requested zoning is S-P-1 Detailed Site Plan District. SPIN
33 Neighborhood # 9W. The Owner/Applicant is Michael Tamer.
34
35 Michael Tamer, 1319 Eagle Bend Drive, Southlake, Texas presented this item to the Commission.
36
37 Under the "S-P-1" Detailed Site Plan District zoning the applicant proposes the following:
38
39 • Permitted Uses - This property shall be limited to the permitted uses as found in the "O-1"
40 Office District as described in Section 18 of the Comprehensive Zoning Ordinance No. 480,
41 as amended, with the following exceptions:
42 ■ Banking
43 ■ Radio, recording, broadcast, studio
Planning and Zoning Commission Meeting Minutes on April 8, 2004 5
1 Utility offices
2 ■ Public, semi-public and private park
3 ■ Recreation, public playgrounds
4
5 • Floor Area - The minimum size for a separate building or structure existing within this
6 district shall be two thousand six hundred sixty-one (2,661) square feet.
7
8 The following variances are being requested:
9
10 • Use of Bufferyard - In no event shall parking facilities be permitted in a bufferyard. The
11 applicant is requesting the existing parking to encroach into the north bufferyard.
12
13 • Bufferyard - A 5-foot, Type "A" bufferyard is required along the south property line. The
14 applicant is requesting a waiver of the bufferyard requirement on a portion of the south
15 property line.
16
17 Chairman Stansell opened the public hearing.
18
19 Graham Lane, 1325 Bent Creek Drive, Southlake, Texas spoke in opposition
20
21 Paul Thompson, 1215 Bent Creek Drive, Southlake, Texas spoke in opposition
22
23 Dennis Killough gave clarity to zoning and uses both current and proposed.
24
25 Doug Calvert, 110 Stonebrook Court, Southlake, Texas stated he was a member of the Timarron
26 Home Owner's Board. He said the property in question was not owned by Timarron and is not a
27 part of Timarron. He felt there should be re-notification since some residents are claiming they
28 did not receive notice.
29
30 Michael Tamer addressed the issues raised.
31
32 Graham Lane, 1325 Bent Creek Drive, Southlake, Texas expressed that three out of eight of his
33 neighbors were not notified. He wanted more time for homeowners to express their opinion.
34
35 Chairman Stansell closed the public hearing
36
37 Paul Thompson, 1215 Bent Creek Drive, Southlake, Texas would like the city to review the
38 notification process.
39
40 Graham Lane, 1325 Bent Creek Drive, Southlake, Texas continued discussion with the
41 Commission regarding his desire to have this project deferred to allow time for homeowners to
42 understand this application.
43
Planning and Zoning Commission Meeting Minutes on April 8, 2004 6
I Doug Calvert, 110 Stonebrook Court, Southlake, Texas continued with his commentary.
2
3 Michael Tamer stated his position.
4
5 The Commission continued their discussion.
6
7 Michael Tamer requested to table this item until April 22, 2004.
8
9 Motion was made to table ZA04-006 until April 22, 2004.
10
11 Motion: Edmondson
12 Second: Williams
13 Ayes: Williams, Springer, Edmondson, Stansell
14 Nays: None
15 Approved: 4-0
16 Motion to table carried
17
18
19 AGENDA ITEM # 8 ZA04-014 SPECIFIC USE PERMIT FOR OUTSIDE SALES OR SERVICE:
20 Senior Planner Dennis Killough presented this item to the Commission for a specific use permit to
21 allow Sno-Cone stand sales for the months of April through September on property located at 2199
22 East Dove Road, Southlake, Texas. The Current Zoning is "C-1" Neighborhood Commercial
23 District. SPIN Neighborhood # 5. The Owner is Donnie Ward. The Applicant is Jeff Day.
24
25 AGENDA ITEM # 9 ZA04-015, SPECIFIC USE PERMIT FOR OUTSIDE SALES OR SERVICE:
26 Senior Planner Dennis Killough presented this item to the Commission for a specific use permit to
27 allow Sno-Cone stand sales for the months of April through September on property located at 2232
28 Southlake Boulevard (FM 1709), Southlake, Texas. The Current Zoning is "C-3" General
29 Commercial District. SPIN Neighborhood # 15. The Owner is Shunail Corporation. The Applicant is
30 Becky Day.
31
32 Jeff Day, 2861 Autumn Drive, Hurst, Texas presented these items to the Commission.
33
34 Chairman Stansell opened the joint public hearing.
35
36 Jim Martin, owner of adjacent property at 2300 Southlake Boulevard, Southlake, Texas spoke
37 about the location of the sno-cone stand and the parking.
38
39 Jeff Day addressed Mr. Martin's concerns.
40
41 D.E. Ekstrom, 1905 Foxfire, Southlake, Texas spoke on behalf of Jim Martin. He continued to
42 take issue with the parking.
43
Planning and Zoning Commission Meeting Minutes on April 8, 2004 7
I Jim Martin added concern about the driveway that is used by the pet clinic.
2
3 Chairman Stansell closed the joint public hearing.
4
5 D.E. Ekstrom answered additional questions from the Commission.
6
7 Jeff Day answered questions about location of the stand.
8
9 Motion was made to approve ZA04-014 allowing signage as shown, allowing the 10 foot by 20
10 foot tent and granting the specific use permit through September 2004.
11
12 Motion: Edmondson
13 Second: Williams
14 Ayes: Springer, Edmondson, Williams, Stansell
15 Nays: None
16 Approved: 4-0
17 Motion carried
18
19 Motion was made to approve ZA04-015 allowing signage as shown, allowing the 10 foot by 20
20 foot tent and granting the specific use permit through September 2004. Also, subject to an
21 agreement for access and parking being executed with the adjoining land owner to the west, Mr.
22 James Martin.
23
24 Motion: Edmondson
25 Second: Williams
26 Ayes: Edmondson, Williams, Springer, Stansell
27 Nays: None
28 Approved: 4-0
29 Motion carried
30
31
32 AGENDA ITEM # 10, ZA04-018. SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC
33 BEVERAGES:
34 Senior Planner Dennis Killough presented this item to the Commission for a specific use permit for
35 the sale of alcoholic beverages at the Melting Pot on property located at 2777 E. Southlake
36 Boulevard (FM 1709), Suite 100, Southlake, Texas. The Current Zoning is "S-P-2" General Site Plan
37 District. SPIN Neighborhood # 7. The Owner is S-SI Southlake Venture No. One, L.P. The
38 Applicants are Jeff and Joey Raines.
39
40 Jeff Raines, 905 Briar Ridge Drive, Keller, Texas opened for questions from the Commission.
41
42 Chairman Stansell opened the public hearing and read the two cards received from those who did not
43 wish to speak:
Planning and Zoning Commission Meeting Minutes on April 8, 2004 8
I Jeff Raines, 905 Briar Ridge Drive, Keller, Texas in support
2 Sean Wallace, 800 E. Ash Lane #2732, Euless, Texas in support
3
4 No one from the audience came forward to speak.
5
6 Chairman Stansell closed the public hearing.
7
8 Motion was made to approve ZA04-018 for the term of the lease.
9
10 Motion: Edmondson
11 Second: Williams
12 Ayes: Williams, Springer, Edmondson, Stansell
13 Nays: None
14 Approved: 4-0
15 Motion carried
16
17
18 AGENDA ITEM # 11, MEETING ADJOURNMENT:
19 Chairman Stansell adjourned the meeting at 11:38 P.M. on April 8, 2004; and called the work
20 session for the Sign Ordinance and the Southlake 2025 Plan to order.
21
22 Bruce Payne gave a briefing on what the next move was toward the Southlake 2025 Plan. He
23 distributed map packets to the Commissioners to take home and review.
24
25 Chairman Stansell adjourned the work session at 11:44:16 P.M. on April 8, 2004.
26
27
28
29
30
33 Vernon Stansell
34 Chairman
35
36 ATTEST:
37
38
39
40
43 Lorrie Fletcher
44 Administrative Secretary
Planning and Zoning Commission Meeting Minutes on April 8, 2004 9