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REGULAR PLANNING AND ZONING
COMMISSION MEETING
January 20, 2000
COMMISSION PRESENT: Chairman Ann Creighton; Vice-Chairman C.D. Peebles; and
Commissioners Michael Boutte, Kenneth Home, Dennis King, Mike Sandlin, and Keith Shankland.
COMMISSION ABSENT: None.
CITY STAFF PRESENT: Debm Drayovitch, City Attomey; Kevin Hugman, Director of Community
Services; Dennis Killough, Senior Current Planner; Chris Carpenter, Senior Comprehensive Planner;
Lisa Sudbury, Current Planner; Angela Turner, Graduate Engineer; and Lori Farwell, Planning
Secretary.
Chairman Creighton called the meeting to order at 6:44 p.m.
There was no Work Session held.
AGENDA ITEM #2, APPROVAL OF M1NUTES:
Chairman Creighton opened discussion of the minutes of the Planning and Zoning Commission
meeting held on January 6, 2000.
Motion was made to approve the minutes of the Planning and Zoning Commission meeting held
on January 6, 2000, as presented.
Motion:
Second:
Ayes:
Nays:
Approved:
Shankland
Sandlin
Home, Sandlin, Boutte, Peebles, Shankland, King, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #0022)
AGENDA ITEM #3, ADMINISTRATIVE COMMENTS:
There were no Administrative Comments.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #0027)
Chairman Creighton said Agenda Item #4 is on the Consent Agenda and will not have a separat
discussion unless a Commission member or citizen requests for it to be placed on the Regulafl
Agenda. There was no request to remove it from the Consent Agenda.
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 1 of 21
AGENDA ITEM #4, ZA 99-134, FINAL PLAT FOR KIRKWOOD HOLLOW, PHASE II:
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Motion was made to approve ZA 99-134 subject to Plat Review Summary No. 2, dated January 14,
2000.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
Shankland
Sandlin, Boutte, Peebles, Shankland, King, Home, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #0078)
Chairman Creighton said the Commission would hear Agenda Item # 12 next due to a request from
City staff to move it up on the agenda.
AGENDA ITEM #12, CONSIDER AMENDMENTS TO SUBDIVISION ORDINANCE NO. 483,
18 AS AMENDED, PROPOSING CHANGES IN ARTICLE 7, PARK AND RECREATION
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DEDICATION REQUIREMENTS:
Senior Comprehensive Planner Chris Carpenter presented this item to the Commission.
reviewed the major points of the changes with the Commission.
He
Commissioner Home said this puts the Park Board in the position of almost drawing the lots for the
developer. He asked if the Park Board has the right to tell the developer where to have the park
initially then how much would that affect the developer and his plats?
Mr. Carpenter said it could have a fairly significant impact. He said he thinks that is what the Park
Board was getting at; it is a political decision to make.
Commissioner Home said it is more than political. If a developer buys a certain plot of land and
intends to make "X-amount" of dollars on it based on the way he wants to arrange his subdivision
and the Park Board comes and does that first, then we have the potential to destroy this man's
investment.
Mr. Carpenter said if the Park Board's recommendation impacts the subdivision to an extent greater
than what is required, there is also a reimbursement factor in this ordinance.
Vice-Chairman Peebles said this is fine with him. He said he hopes this works. He referenced the
Final Plat for Kirkwood Hollow as an example of where the developer designated five acres on some
street and called it a park and now the City has to mow it.
Commissioner Home agreed with Vice-Chairman Peebles in that the City should not give a
developer carte blanche to give any piece of land he wants to the City and call it a park, he is just
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 2 of 21
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concerned with the City taking the choicest part of a development. He said it could make the
difference between the developer making a profit or not.
Vice-Chairman Peebles said he thinks it should be left to the good judgement of the Park Board to
get involved in the early process and at least have a shot at getting some interior land rather than
what is left over. He said we can hope they use good judgment in the powers they have when they
talk to the developers and work out something satisfactory without upsetting the integrity and overall
profitability of the development.
Chairman Creighton said one of the other problems this ordinance is aimed at resolving, as in
Chesapeake Place, is where there are "X-number" of acres dedicated to parkland and that amount
is publicized throughout the City but by the time they are finished putting in drainage features, the
useable acreage has been substantially reduced. She said she thinks this ordinance is trying to
address some of the loopholes that exist in the current ordinance.
Mr. Carpenter said engineered drainage structures that are contained in a portion of land dedicated
to the City do not count towards the gross acreage of what is being dedicated as parkland.
Commissioner Sandlin asked what the City's park fee per unit is right now. Mr. Carpenter said it
is $1,500 per dwelling unit.
Commissioner Sandlin asked if this ordinance will raise that amount even higher. Mr. Carpenter
said yes; it will raise it by the improvement factor that has been proposed by the Park Board. He
said it will be raised by the amount of money it takes to develop a park per acre as well.
Commissioner Sandlin asked who determines what will go in the parks. Mr. Carpenter said it will
be done by the Park Master Plan by zones; certain areas need relatively nothing because they are
almost fully developed with parks per the Park Master Plan and certain areas have almost the entirety
remaining.
Commissioner Sandlin said he does not think this has been thought out too well. He said if we are
trying to encourage developers to come to the City with more open space, this does the exact
opposite. He said these changes are saying they get no credit for a PUD anymore so developers will
not do any more of those; it also raises the park fee. He said he does not think it is a good way to
encourage people to do more. He also said this is the first time he has heard about this and he thinks
it needs to be thought out more.
Commissioner Shankland said he thinks it will encourage quality development and expensive
development. He said he is not necessarily in favor of expensive development, but if this is what it
costs to develop parks then this is what the fee should be.
Commissioner Sandlin said he sees what Commissioner Shankland is saying, but lots are already
costing $200,000. He does not see how we can have any more quality than that. He said many
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 3 of 21
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cities' residents cannot even afford a $200,000 home.
Vice-Chairman Peebles said, in his opinion, if this ordinance gets fid of R-PUDs, then good. He has
never seen them do anything but try to get around the Master Plan by using them. He said
Chesapeake Place is a good example of that.
Commissioner Home said he agrees we should get rid of R-PUDs, but he questioned whether we are
using a sledgehammer to kill a fly. He said he agrees with the Commissioners one hundred percent,
but he questions whether the way to accomplish the goal is to have the Park Board design
developments.
Chairman Creighton said she understands this ordinance to be directing developers to sit down with
the Park Board at the beginning of their project and talk about what the developer's goals were and
how they were going to meet the park dedication requirements. She has not heard anyone say the
Park Board has the fight to determine where the lots will be placed.
Commissioner Home said he heard the Park Board would determine where lots will be placed so if
staff could clear that up, it would help him a lot.
Mr. Carpenter said the Park Board has the first opportunity to suggest where they want to parkland
to be.
Director of Community Services Kevin Hugman said the wording would have to be looked at to
determine exactly how that is worded.
Commissioner Sandlin said this came from City Council, and staff did not solicit developer input.
He said we really have not gone out and solicited a whole lot of input on this ordinance.
Mr. Carpenter said there was a Park Board meeting and a City Council meeting.
Commissioner King said when a developer is looking to buy land, he can look at the public record
of the Master Park Plan and see where the Park Board hopes to put a park someday. In doing that,
the developer knows to get with the Park Board and see what their thoughts and desires are without
the Park Board getting in the business of planning lot development.
Director Hugman said currently the Park Master Plan does not designate areas for neighborhood
parks, it designates zones and within those zones it addresses an inventory of what was in place at
the time the Park Master Plan was completed and what is needed for each zone. He said the Park
Board is currently starting the review and update of the Park Master Plan, and they have discussed
the designation of specific geographical areas where neighborhood parks area desired. He said that
is not in the Park Master Plan fight now, though.
Chairman Creighton opened the Public Heating. No one in the audience stepped forward to speak.
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 4 of 21
Chairman Creighton closed the Public Hearing.
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(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #0743)
Commissioner Home said he wants to get rid of the R-PUD, but he wants to see exactly how this
affects all of the players involved. He said he wants to know at what rate the developer will be
reimbursed for the land - at the improved value or at the raw value of the land. As far as the overall
goal, he said he is in favor of it.
Chairman Creighton asked if Commissioner Horne would be comfortable passing this on to City
Council with the request that the City Attorney look at that particular provision.
Vice-Chairman Peebles said this does not give the Park Board veto power. He said a project would
still come forward to the Commission and to City Council. City Attorney Debra Drayovitch agreed
but said she could clarify that a little further in the ordinance under Section 9.
Director Hugman said the Park Board is a recommending body only.
Ms. Drayovitch said they could clarify that further.
Commissioner Home said he thinks an applicant should be able to bring a proposal forward with
whatever comments the Park Board has. He said he is in favor of anything we can do to get usable
park space in this City; he just wants to make sure that we are consulting all the players.
Commissioner Shankland said this would require the advice of the Park Board, and he thinks it
would be helpful.
Motion was made to approve Amendments to Subdivision Ordinance No. 483, as amended,
proposing changes in Article 7, Park and Recreation Dedication Requirements instructing staff to
clear up the language in Section 9 in accordance with the discussion this evening.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
Shankland
Boutte, Peebles, Shankland, King, Home, Creighton
Sandlin
6-1
Motion carried.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #0955)
AGENDA ITEM #5, ZA 99-113, REVISED SITE PLAN FOR LOTS 1 & 2, BLOCK 2,
42 GATEWAY PLAZA ADDITION:
43 Current Planner Lisa Sudbury presented this item to the Commission for a Revised Site Plan for Lots
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 5 of 21
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1 & 2, Block 2, Gateway Plaza Addition on property legally described as Lots 1 & 2, Block 2,
Gateway Plaza Addition, an addition to the City of Southlake, Tarrant County, Texas, according to
the plat recorded in Cabinet A, Slides 5365 & 5366, Plat Records, Tarrant County, Texas, and being
approximately 4.35 acres. The property is located on the north side of East Southlake Boulevard
(F.M. 1709) across from the intersection with Bank Street. The Current Zoning is "S-P-2"
Generalized Site Plan District with limited "C-3" General Commercial District uses excluding the
following uses: 22.2 (7) Conventional golf courses, including outdoor driving ranges accessory
thereto, but excluding outdoor miniature golf courses; 22.2 (16) Lodges, sororities and/or
fraternities; 22.2 (17) Deleting the words "and care" but allowing "medical care facilities to include
nursing ~"_~ ~-~e homes, hospitals with their related facilities and supportive retail and personal
service uses operated by or under the control of the hospital primarily for the convenience of
patients, staff and visitors; 22.2 (18) Mortuaries, funeral homes and undertakers; 22.2 (23) Plumbing
and heating appliances, repair and installation services...; 21.2 (8) Business colleges or private
schools for vocational training of office related careers, such as stenographers, executive secretaries,
etc.; 21.2 (24) Frozen food lockers for individual or family use, not including the processing of food
except cutting or wrapping; 18.2.A (29) Radio recording and television broadcasting offices and
studios; and requiring that Building 13 to be contained in its own lot and to allow single story O-1
uses only or a sit-down restaurant with table service within the same pavement envelope. The Land
Use Category is Mixed Use. The Owner of the property is Wyndham Properties, Ltd. The
Applicant is O'Brien & Associates, Inc. Nine (9) written notices were sent to property owners
within the 200' notification area, and no responses were received.
Terry Wilkinson presented this item to the Commission.
Robert Dozier (Lincoln Property Company) presented the building on Lot 3 and the user of Calico
Comers to the Commission.
Mr. Wilkinson said Calico Comers is a tenant of Lincoln Property Company in other retail centers.
He said once they get established in an area, they do not move. He said that was real important to
him to have a good tenant on Lot 3 who was stable and would not be changing.
Vice-Chairman Peebles said he does not know if he wants to open the City up to any retail user on
the comer by changing the zoning. Mr. Dozier said Lot 3 is their entry feature into their shopping
center; the rents will dictate weeding out any user who would be less than desirable.
Mr. Wilkinson said the Commission does have a Site Plan before them that shows the articulation;
that is what will be built there. He said they do have a lease with Calico Corners contingent upon
zoning, but if something were to happen to Calico Comers on down the road and someone else went
in there, you will still have a quality building there even though the use could change.
Jack O'Brien (0 'Brien & Associates, Inc.) said he has done three Calico Comers, one in 1975, one
in 1978, and one in 1979, and they are all still in their current locations.
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 6 of 21
1 Commissioner Sandlin asked which case the Commission is hearing right now. He asked if the
2 Commission is taking both cases (ZA 99-113 and ZA 99-131) together.
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4 Chairman Creighton said she finds it helpful to hear the zoning case first.
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6 Mr. Killough said if the Commission would like to hear the zoning first, he thinks it may be more
7 appropriate to do that. He said it would be easier to do the minutes by hearing one case at a time.
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9 Chairman Creighton announced the Commission would hear Agenda Item #6 before Agenda Item
10 #5.
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12 (Planning and Zoning Commission meeting, 01-20-00, tape 1, section #1500)
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14 AGENDA ITEM #6, ZA 99-131, REZONING AND SITE PLAN FOR LOT 3, BLOCK 2,
15 GATEWAY PLAZA ADDITION:
16 Current Planner Lisa Sudbury presented this item to the Commission for a Rezoning and Site Plan
17 on property legally described as Lot 3, Block 2, Gateway Plaza Addition, an addition to the City of
18 Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5365 & 5366,
19 Plat Records, Tarrant County, Texas, and being approximately 1.15 acres. The property is located
20 on the north side of East Southlake Boulevard (F.M. 1709) across from the intersection with Bank
21 Street. The Current Zoning is "S-P-2" Generalized Site Plan District with limited "C-3" General
22 Commercial District uses excluding the following uses: 22.2 (7) Conventional golf courses,
23 including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses;
24 22.2 (16) Lodges, sororities and/or fratemities; 22.2 (17) Deleting the words "and care" but allowing
25 "medical care facilities to include nursing ~_~_ c~e homes, hospitals with their related facilities and
26 supportive retail and personal service uses operated by or under the control of the hospital primarily
27 for the convenience of patients, staff and visitors; 22.2 (18) Mortuaries, funeral homes and
28 undertakers; 22.2 (23) Plumbing and heating appliances, repair and installation services...; 21.2 (8)
29 Business colleges or private schools for vocational training of office related careers, such as
30 stenographers, executive secretaries, etc.; 21.2 (24) Frozen food lockers for individual or family use,
31 not including the processing of food except cutting or wrapping; 18.2.A (29) Radio recording and
32 television broadcasting offices and studios; and requiring that Building 13 to be contained in its own
33 lot and to allow single story O-1 uses only or a sit-down restaurant with table service within the same
34 pavement envelope. The Requested Zoning is "S-P-1" Detailed Site Plan District with "O-1" Office
35 District uses, a sit-down restaurant with table service, and retail use. The Land Use Category is
36 Mixed Use. The Owner of the property is Wyndham Properties, Ltd. The Applicant is O'Brien &
37 Associates, Inc. Seven (7) written notices were sent to property owners within the 200' notification
38 area and one (1) response was received which was undecided.
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Vice-Chairman Peebles asked if the requested zoning could be amended to a retail use limited to a
fabric shop without having to readvertise.
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 7 of 21
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Mr. Dozier asked if Calico Comers moved out, and they did not want to do an office use or a
restaurant use then they would have to come back and ask for a rezoning? Vice-Chairman Peebles
said yes. Mr. Dozier agreed to do that.
Commissioner Sandlin asked the applicant to address Dr. Tate's letter regarding the change to the
curb cut.
Terry Wilkinson (Wyndham Properties', Ltd) said he is in the process of working with City staffand
Dr. Tate regarding the driveway cuts. He said Dr. Tate received approval for a driveway cut onto
Gateway Drive for a parking lot behind his building. Mr. Wilkinson said they are proposing to
eliminate Dr. Tate's driveway and move their own driveway due to a substantial grade change. He
said Dr. Tate would then access his back parking lot off of the driveway going into their parking lot.
He said Dr. Tate is wanting twenty-five of their spaces in exchange for eliminating his driveway
onto Gateway Drive, and that is what is being worked out now.
Mr. Killough said that is not part of this request. He said in staff's review, they pointed out that the
driveway configurations shown off-site are not in line with what has been approved.
Chairman Creighton opened the Public Heating. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Heating.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section # 1800)
Vice-Chairman Peebles said he is glad it is not a bank or a gas station, and he is glad City Council
limited them in the zoning to a sit-down restaurant or an office. He said although he is sad to see
retail coming forward, he could be persuaded otherwise if they could limit it to the sole retail use of
a fabric shop.
Chairman Creighton said when she looks at the lot and the limited amount of space for parking, she
can understand their rational in explaining the tier one and tier two restaurants. She said she does
not think Denny's, although it meets the strict requirements of their zoning, was what anybody
wanted to see right behind the entry portal to the City.
Commissioner Boutte said he can think of many restaurants that would be less attractive than a
Calico Corners.
Commissioner Shankland said he would think it would be more to the applicant's advantage than
the City's to have a nice entry to their development.
Commissioner Sandlin asked staff what category a fabric shop would be listed under in the Zoning
Ordinance.
Chairman Creighton asked if they need to limit it to a category listed in the ordinance or can they
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 8 of 21
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just limit it to a fabric store? Ms. Drayovitch said with an "S-P-I" zoning, the Commission can limit
it to "O-1," sit-down restaurant, or the sole retail use of a fabric shop.
Vice-Chairman Peebles said since the Commission knows the site could not house a restaurant such
as Macaroni Grill and could only house a Denny's, he would suggest limiting the zoning to "O-1"
Office District uses, eliminating the sit-down restaurant, and adding the sole retail use of fabric shop.
He said that way they could get rid of the chance of a Denny's going in there.
Conunissioner Boutte and Chairman Creighton said they like that idea.
Mr. Dozier said he prefers they still have the ability to put in a restaurant. He said Council wanted
a restaurant.
Vice-Chairman Peebles said they wanted a Macaroni Grill, not a Denny's. Mr. Dozier said a lower
volume restaurant is really where it would steer. He said it would be a lower volume restaurant that
would do $700,000 to $1,000,000 in sales.
Mr. Dozier said to further restrict the property would really put them in a zero flexibility situation
in the future.
Commissioner Boutte said the applicant would always have the option of coming back to the City
for a zoning change.
Mr. Dozier said that is why they have asked for the limited retail of Calico Comers. He said
everyone understands Calico Comers so they have taken the mystery out of the retail use.
Chairman Creighton asked how their definition of restaurant could be limited further to prevent a
Denny's from going in. Mr. Dozier said they have already agreed to sit down table service and no
fast food.
Vice-Chairman Peebles said they are not taking the mystery out of restaurant; they have taken the
mystery out of retail and now it is in restaurant. He said he is sure if the applicant was to come back
to the City after Calico Comers is gone and say they want to put in a Classic Caf6, they would not
have a problem.
Mr. Dozier said the center behind the portal is a major investment for them, and there has to be a
little bit of trust that they won't do anything to negatively affect their shopping center.
Chairman Creighton said the applicant is looking for something that will draw people into his
shopping center while the City is looking for something that makes a statement about the City. She
suspects that if the City Council had known that what they were defining could be a Denny's, they
may have defined it differently.
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 9 of 21
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Mr. Dozier said off the top of his head he cannot think of a definition because restaurants are
constantly changing.
Commissioner King said that goes against the applicant's argument; the fact that restaurants are
changing everyday makes him more nervous to allow restaurants. He said it would be different if
this lot was buried deep into this shopping center, but this is on Main and Main in Southlake. He said
he does not know how long Calico Comers is committing to being there or how long Lincoln
Property Company is committing to being in the shopping center. He thinks that given the help the
applicant needs to do what he wants to do and it also helps the City of Southlake, he would like to
see the applicant understand what the Commission's concerns are regarding the type of restaurant
that can go here.
Mr. Dozier said if there is language someone can propose regarding the type of restaurant, they
would entertain it.
Vice-Chairman Peebles said the Commission could delete that use and the applicant could come up
with some language before he goes to City Council.
Commissioner Sandlin said he understands what the Commissioners are saying, but he would not
want to do that. He looks at it like the applicant already has certain rights by the current zoning, and
the applicant is just coming in saying he would like to do a Calico Comers. He said the Commission
is trying to take a right away.
Commissioner Boutte said he thinks the Commission is trying to trade a right since they are asking
for a right they do not have.
Mr. Dozier said they have a signed lease with Calico Comers based on getting this zoning. They
told Calico Comers that if they get the zoning - great, if not, Lincoln will stay with the office and
restaurant use.
Mr. Wilkinson said he thinks the Commission is a little concerned about longevity; Lincoln may
own the center, but he owns the land and has some say in it. He said he has an interest in seeing the
property developed correctly. He would not want to see them lose the ability of having a nice
restaurant at this location. He said he does not remember for sure on this particular site, but he may
have the final authority of what is placed on it.
Commissioner Shankland said he would be comfortable if the document was in place before City
Council giving Mr. Wilkinson final veto authority.
Vice-Chairman Peebles said he appreciates the fact that Mr. Wilkinson plans to be in Southlake a
long time, but he may not. He said this is zoning and runs with the land. He said he does not want
to tie it to a particular individual.
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 10 of 21
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Commissioner Home said he is not worded about a tier two restaurant going in this site because of
the cost of the space. He said it would have to be about a $55 hamburger to make it work.
Chairman Creighton said she is inclined to give them this limited retail use and eliminate the
restaurant use and if City Council wants to put it back in, they can.
Chairman Creighton said there has been a request to go into Executive Session. She said there
would be an Executive Session held in order to seek the advice of the City Attorney pursuant to
Section 551.071, Texas Local Government Code, regarding matters posted on this agenda. The
Executive Session started at 8:09 p.m. and ended at 8:28 p.m. Chairman Creighton called the
meeting back to order and asked the City Attorney if there was any action necessary as a result of
the Executive Session, and the City Attorney said no.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #2700)
Motion was made to approve ZA 99-131 subject to Site Plan Review Summary No. 2, dated January
14, 2000, deleting Item #1 (pitched roof) and incorporating the color rendering presented tonight;
modifying the requested zoning to read "S-P-l" Detailed Site Plan District with "O-1" Office
District uses and sole retail use of interior design, fabric and upholstery sales; and instructing the
applicant to work on language with respect to restaurants and present that to City Council as an
alternative to the approved zoning.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
Shankland
Peebles, Shankland, King, Home, Boutte, Creighton
Sandlin
6-1
Motion carried.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #2914)
AGENDA ITEM #5, ZA 99-113, REVISED SITE PLAN FOR LOTS 1 & 2, BLOCK 2,
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GATEWAY PLAZA ADDITION:
Current Planner Lisa Sudbury gave the presentation for this item earlier in the evening.
Terry Wilkinson said he has already presented everything he has for this item and would be happy
to answer any questions at this time.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #3098)
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 11 of 21
1 Chairman Creighton asked Mr. Wilkinson what he would need to do to comply with the stacking
2 depth. Mr. Wilkinson said he could scoot all of the building and everything closer to F. M. 1709, and
3 that still would not quite comply. He said they would probably lose this tenant because they have
4 a lease with the tenant contingent upon approval of this Site Plan.
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Chairman Creighton said she likes the fact the applicant is eliminating the possibility of fast food
restaurants and gas stations so, in this instance, she can see there is an overall win for the City.
Motion was made to approve ZA 99-113 subject to Site Plan Review Summary No. 3, dated January
14, 2000, deleting Items #1 .a (50' of stacking depth on Driveway C3); #2.a (articulation); and #2.b
(pitched roofs).
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Home
Shankland, King, Home, Sandlin, Boutte, Peebles, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #3477)
AGENDA ITEM #7, ZA 99-124, REZONING AND SITE PLAN FOR RADIOLOGY
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ASSOCIATES OF TARRANT COUNTY:
Current Planner Lisa Sudbury presented this item to the Commission for a Rezoning and Site Plan
on property legally described as a portion of Tract 5D2 situated in the Obediah W. Knight Survey,
Abstract No. 899, and being approximately 1.126 acres. The property is located on the south side
of East Southlake Boulevard (F. M. 1709) approximately 225' west of Byron Nelson Parkway. The
Current Zoning is "R-PUD" Residential Planned Unit Development District, being P.U.D. No. 1,
Timarron. The Requested Zoning is "S-P-1" Detailed Site Plan District with "O-1" Office District
uses and the "C-2" Local Retail Commercial District use of health service facilities. The Land Use
Category is Office Commercial. The Owner of the property is Westerra - Timarron, L.P. The
Applicant is Southlake Imaging, L.L.C. Six (6) written notices were sent to property owners within
the 200' notification area, and one (1) response was received which was in favor.
Terry Wilkinson presented this item to the Commission. He said access to the lot east of this lot will
be via one of the two common access drives: either the one off ofF. M. 1709 or the one off of Byron
Nelson Parkway. He said they have designed this site so that the two existing large oak trees are in
the bufferyards.
Commissioner Sandlin asked staffifthere are other sites along F. M. 1709 with a 30' building line
similar to what is being requested here. Mr. Wilkinson said the buildings at the comer of Carroll
Avenue and F. M. 1709 and some of the internal buildings in Gateway Plaza were done that way.
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 12 of 21
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Vice-Chairman Peebles said he loves it; he wishes they would all come in that way. He did ask for
the applicant to move the building back as far as it would go without being illogical about it. He
asked if Town Square is 30' from F. M. 1709. Mr. Killough said he honestly cannot remember.
Commissioner Boutte said from someone who drives up Byron Nelson Parkway every morning, he
would really like to not start eliminating bufferyards along there. He said you will be able to see the
southern bufferyard from Byron Nelson. He said he would not want to make Byron Nelson
unattractive just to make F. M. 1709 10' better.
Vice-Chairman Peebles said this is not on Byron Nelson; it is approximately 150' away.
Mr. Wilkinson said he needs to look at the grade before he commits to moving the building south.
Mr. Killough pointed out that there is a cluster of trees near the southwest comer that they have been
attempting to preserve. If things are shifted south any, he said he is not sure how much it would
affect the trees.
Mr. Wilkinson said between now and Council, he will be happy to meet with Keith Martin and go
look at the conditions and if he can move it further south, he will do so.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #4141)
Commissioner Boutte said there is no doubt in his mind people will use this driveway as a cut-
through from F.M. 1709 to Byron Nelson Parkway.
Commissioner Home said on any street that we pave in Southlake someday someone is going to
drive a car on it to get to another street; that is the purpose ora street.
The Commission discussed the possibility of placing speed bumps along the driveway. Mr.
Wilkinson asked the Commission to give him the flexibility of monitoring it and if it becomes a
problem, they would agree to be required to add speed bumps later.
Motion was made to approve ZA 99-124 subject to Site Plan Review Summary No. 3, dated January
14, 2000, deleting Item #1 but noting that the applicant will try to move the building back as far as
possible without encroaching into the southernmost bufferyard and existing trees; deleting Item #2.a
(minimum driveway spacing), and deleting Item #3 (parking).
Motion:
Second:
Ayes:
Sandlin
Home
King, Home, Sandlin, Boutte, Peebles, Shankland, Creighton
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 13 of 21
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #4377)
AGENDA ITEM #8, ZA 99-127, SPECIFIC USE PERMIT FOR A CHURCH PER ZONING
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8 ORDINANCE NO. 480, SECTION 45.1(2):
9 Current Planner Lisa Sudbury presented this item to the Commission for a Specific Use Permit for
10 a church per Zoning Ordinance No. 480, Section 45.1 (2) on property legally described as Lot 1,
11 Block C, Commeme Business Park, an addition to the City of Southlake, Tarrant County, Texas,
12 according to the plat recorded in Volume 388-214, Page 60, Plat Records, Tarrant County, Texas,
13 and being approximately 1.66 acres. A Concept Plan will be considered with this request. The
14 property is located at 2805 Market Loop, Suite 300, being on the northeast comer of the intersection
15 of Market Loop and Exchange Boulevard. The Current Zoning is "I-1" Light Industrial District. The
Land Use Category is Industrial. The Owner of the property is SLJ - Commerce-Exchange II, Ltd.
The Applicant is St. John's Missionary Baptist Church. Seven (7) written notices were sent to
property owners within the 200' notification area, and one (1) response was received in favor.
Reverend Denny Davis (Senior Pastor for St. John's Missionary Baptist Church) presented this item
to the Commission.
Commissioner Sandlin asked if the applicant is aware this building is in a flight path and asked if
he is concerned at all about the noise. Reverend Davis said he has visited the site during those flight
pattem times and did not identify the noise as a problem.
Chairman Creighton opened the Public Hearing.
Ronald McClellan, 208 Timberlake Way, Southlake, Texas, said he and his family have been
attending St. John's Baptist Church in Grand Prairie which is an approximately 23 or 24 mile drive
for them. He said to get his family there and back twice on Sundays and twice during the week is
difficult in order to get the children in bed to get ready for school the next day. He said it would be
a tremendous blessing to the community as well as the members who live in this area to have this
church here.
Oliver Thompson, 3644 Dalyer, Grand Prairie, Texas, thanked the Commission for allowing them
to petition the City for this request. He asked the Commission for approval of this request because
of the burdens indicated by the Pastor and by Mr. McClellan.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #4965)
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 14 of 21
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Motion was made to approve ZA 99-127 subject to Specific Use Permit Plan Review Summary No.
2, dated January 14, 2000.
Motion: Shankland
Second: Horne
Vice-Chairman Peebles said the motion as presented does not place a time limit on the S.U.P. He
said the Commission is going through a process where they are reviewing the S.U.P.s on their merit
and given this is a church in an industrial area, he does not have a problem with there being no time
limit.
Ayes: Home, Sandlin, Boutte, Peebles, Shankland, King, Creighton
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #5032)
AGENDA ITEM #9, ZA 99-128, REZONING AND SITE PLAN FOR COUNTRYSIDE BIBLE
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CHURCH:
Current Planner Lisa Sudbury presented this item to the Commission for a Rezoning and Site Plan
on property legally described as Lot 2, Block A, Ravenaux Village, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-213, Page 31, Plat
Records, Tarrant County, Texas; a portion of Lot 2R2, Block B, Ravenaux Village, an addition to
the City of Southlake, Tarrant Country, Texas, according to the plat recorded in Cabinet A, Slide
2120, Plat Records, Tarrant County, Texas; Tracts 6G2 and 6H situated in the Thomas M. Hood
Survey, Abstract No. 706; a portion of Countryside Court right-of-way; and being approximately
13.791 acres. The property is located on Countryside Court approximately 560' west of North White
Chapel Boulevard. The Current Zoning is "AG" Agricultural District, "CS" Community Service
District and "S-P-2" Generalized Site Plan District with "CS" Community Service District uses. The
Requested Zoning is "CS" Community Service District. The Land Use Categories are Public/Semi-
Public; Office Commercial; and Retail Commercial. The Owners of the property are Countryside
Bible Church, Integrity Development, Inc., and Oliver Billingsley. The Applicant is Countryside
Bible Church. Seventeen (17) written notices were sent to property owners within the 200'
notification area, and six (6) responses were received with five (5) being in favor and one (1)
undecided.
Mr. Killough pointed out that the notification letters sent out by staff included an error in the
requested zoning. He said there was some additional zoning listed on the letter that is not part of this
request. He said the way it was done, it would not constitute a legal error.
Vice-Chairman Peebles said it is his understanding that this request would permanently do away
with an east-west connection between Shady Oaks and White Chapel Boulevard. He said as it stands
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 15 of 21
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right now the only east-west connection between State Highway 114 and Southlake Boulevard is
Highland. He asked if staff has done any type of analysis as to the effect of eliminating this east-
west access. Mr. Killough said no they have not.
Vice-Chairman Peebles said when he looks at it, it does not appear there would be that many cars
that would use that access.
Mike Dunn, 309 Oalcrnont Drive, Trophy Club, Texas, presented this item to the Commission.
Chairman Creighton asked Mr. Dunn what the church is planning to do regarding the solid fence
versus the dense plantings along the western border. Mr. Dunn said Mr. Fawks expressed his desire
to not have an 8' wooden fence and the church agrees. He said it sounds like nobody wants the
fence.
Chairman Creighton said she hears the neighbors saying they may not want an 8' fence, but they
may want the plantings. Mr. Dunn said they will do whatever they have to do to meet the code and
keep their neighbors happy.
Mr. Dunn said the residents at the SPIN meeting were concerned that people would try and use the
west access between their parking lot and their hammerhead turnaround that they have to install for
the Fire Marshal. He said the overriding concern was that there be some type offence around there
to inhibit vehicles from going back and forth from their parking lot to Ravenaux Drive.
Commissioner Boutte said he believes there was a lot of interest in a split-rail fence to maintain the
open character.
Mr. Dunn said they are willing to do whatever they need to do to make everyone happy and meet
City codes.
Commissioner Sandlin asked why the Fire Marshal isn't having a fit about cutting off this street
connection and asked why staff did not comment on the street connection on their review. Mr.
Killough said it was not an allocated thoroughfare by the Master Thoroughfare Plan; it was a local
street.
Commissioner Sandlin asked if the Fire Marshal commented on the access issues in case the
hammerhead turnaround was blocked, and there was an emergency. Commissioner Sandlin said it
would be smart to have some plantings around the hammerhead but at least leave enough room in
case of an emergency in that subdivision so they would have adequate fire protection.
Commissioner Shankland said what they talked about in the SPIN meeting was placing shrubs
around the parking lot, not thick or high vegetation, and then placing a split-rail fence that, if
necessary, the emergency equipment could push through.
Chairman Creighton opened the Public Hearing.
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 16 of 21
1 John Larson, 335 Ravenaux Drive, Southlake, Texas, said he likes the addition of the hammerhead
2 turnaround. He is pleased to see the church is planning to put in the dense plantings. He said it
3 would be acceptable to him if the church did not put in plantings at the ends of the hammerhead to
4 give more room to emergency vehicles. He understands the church intends to use highly directional
5 lighting, and he does not think that will be an issue. He spoke to Angela Turner regarding what
6 drainage requirements will be imposed on this site and his understanding is that the rules that will
7 be enforced will adequately protect him. He sees no need for the church to immediately incur the
8 expense of putting in bufferyards, irrigation, and fencing along the southwest just to screen an empty
9 field. He suggested deferring these requirements until such time the church comes in with the plans
10 for southern buildings and parking. Regarding the abandonment of the right-of-way, he said nobody
11 in Ravenaux Place has ever wanted to see that road go through.
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Roger Hutton (SPIN #11 Representative) 1900 Shady Oaks, Southlake, Texas, wanted to make it
clear that the community knew about the SPIN meeting and that they had a good turn out. He said
three of the residents of Ravenaux Place also attended the meeting.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #6114)
Motion was made to approve ZA 99-128 subject to Site Plan Review Summary No. 3, dated January
14, 2000.
Motion: Sandlin
Commissioner Home asked if something should be said regarding screening. Commissioner Sandlin
said screening is not mentioned in the staff review.
Mr. Killough said the plan has screening shown and properly labeled.
Chairman Creighton said it is her understanding the adjacent homeowners are asking for screening
that differs from what the ordinance requires.
Mr. Killough said the plan he has right now does show screening stopping at the north right-of-way
line that he did not pick up in this last review. He said there should be a comment on the review that
it should continue. He said they are showing the bufferyards throughout the project. If the applicant
makes the request and the Commission is okay with it, both of those items can be deferred. The
screening requirement, however, cannot be fully waived under a straight zoning district; they would
need to have a request under an "S-P" District or go to the Zoning Board of Adjustment.
Chairman Creighton asked Mr. Dunn if it is his wish for the Coinmission to defer the planting of the
bufferyards until the beginning of construction of Phase II. She asked him if he is agreeable to the
split-rail fence, and Mr. Dunn said yes.
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 17 of 21
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Mr. Killough said he thinks if the Commission defers screening and bufferyards south of Ravenaux
Drive, he thinks that would be adequate.
Elizabeth Fawks, 330 Ravenaux Drive, $outhlake, Texas, said in case the church wants to someday
build the chapel and move it down towards her property, then she may want an 8' fence so she would
hate to eliminate that requirement forever. She said the church has already built an 8' screening, but
it is not yet filled in.
Commissioner Sandlin said it sounds as if everyone is happy right now, but they want to reserve the
right to require screening and buffering at a later date.
Ms. Drayovitch said an "S-P" zoning is more restrictive than what was advertised if he chooses to
amend his zoning request.
Chairman Creighton said the applicant has two choices at this point regarding the fencing
requirements: 1) He can change his zoning request from a straight "CS" zoning to an "S-P-l" with
"CS" uses, and the Commission can defer the fencing requirements to the point of later construction,
or 2) he can proceed with straight "CS" zoning and go to the Zoning Board of Adjustment to get
relief from the fencing requirements.
Chairman Creighton said the Cormnission would take a break to give the applicant time to decide
what he wants to do.
Chairman Creighton called for a break at 10:05 p.m.
Chairman Creighton called the meeting back to order at 10:16 p.m.
(Planning and Zoning Commission meeting, 01-20-00, end of tape 1, section #7106)
Mr. Dunn said he has decided to ask for a rezoning of"S-P-l" with "CS" uses. He said they would
all like to defer the requirement for the 8' of screening material until Phase II.
Motion was made to approve ZA 99-128 subject to Site Plan Review Summary No. 3, dated January
14, 2000, accepting the applicant's request to amend his zoning request to "S-P-l" Detailed Site Plan
District with "CS" Community Service District uses and deferring the 8' screening requirement until
Phase II.
Motion: Sandlin
Second: Home
Vice-Chairman Peebles said he is going to vote for this with reservations. His reservations are
regarding the fact there has been no formal analysis of the impact of the closure of Ravenaux Drive.
He would appreciate it if City staff would look into that further.
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 18 of 21
Ayes: Sandlin, Boutte, Peebles, Shankland, Home, Creighton
Nays: None
Abstain: King
Approved: 6-0-1
Motion carried.
(Planning and Zoning Commission meeting, 01-20-00, tape 2, section #0091)
AGENDA ITEM #10, ZA 99-129, PLAT REVISION OF PROPOSED LOT 2R, BLOCK A, & LOT
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2R2R, BLOCK B, RAVENAUX VILLAGE:
Current Planner Lisa Sudbury presented this item to the Commission for a Plat Revision of proposed
Lot 2R, Block A, & 2R2R, Block B, Ravenaux Village on property legally described as Lot 2, Block
A, Ravenaux Village, an addition to the City of Southlake, Tarrant County, Texas, according to the
plat recorded in Volume 388-213, Page 31, Plat Records, Tarrant County, Texas; Lot 2R2, Block
B, Ravenaux Village, an addition to the City of Southlake, Tarrant Country, Texas, according to the
plat recorded in Cabinet A, Slide 2120, Plat Records, Tarrant County, Texas; Tracts 6G2 and 6H
situated in the Thomas M. Hood Survey, Abstract No. 706; a portion of Countryside Court right-of-
way; and being approximately 19.799 acres. The property is located on Countryside Court
approximately 560' west of North White Chapel Boulevard. The Current Zoning is "AG"
Agricultural District and "S-P-2" Generalized Site Plan District with "CS" Community Service
District uses. The Land Use Category is Public/Semi-Public; Office Conunercial; and Retail
Commercial. The Owners of the property are Countryside Bible Church; Integrity Development,
Inc.; and Oliver Billingsley. The Applicant is Countryside Bible Church. Four (4) written notices
were sent to property owners within the 200' notification area, and two (2) responses were received
with both being in favor.
Mike Dunn presented this item to the Commission.
Mr. Killough said this is currently a non-residential street which requires 60' of right-of-way. He
said when this property was originally platted the City's requirement was 56' of right-of-way so
there will need to be some action regarding that. From staff's point of view, he does not feel the
additional 4' of right-of-way is needed.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 01-20-00, tape 2, section #0182)
Motion was made to approve ZA 99-129 subject to Plat Review Summary No. 2, dated January 14,
2000, deleting Item #4 (minimum 60' right-of-way).
Motion: Sandlin
Second: Shankland
Planning and Zoning Commission Meeting Minutes on January 20, 2000 Page 19 of 21
Ayes: Boutte, Peebles, Shankland, Home, Sandlin, Creighton
Nays: None
Abstain: King
Approved: 6-0-1
Motion carried.
(Planning and Zoning Commission meeting, 01-20-00, tape 2, section #0254)
AGENDA ITEM #11, ZA 99-137, REVISED SITE PLAN FOR BLOCK 3, SOUTHLAKE TOWN
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10 SQUARE:
11 Current Planner Lisa Sudbury presented this item to the Commission for a Revised Site Plan for
12 Block 3, Southlake Town Square, on property legally described as Block 3, Southlake Town Square,
13 an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in
14 Cabinet A, Slides 4892 & 4893, Plat Records, Tarrant County, Texas, and being approximately
15 5.220 acres. The property is located on the north side of Civic Place approximately 700' east of
16 North Carroll Avenue. The Current Zoning is "NR-PUD" Non-residential Planned Unit
Development to include "C-3" General Commercial District uses. The Land Use Category is Mixed
Use. The Owner of the property is Southlake Venture West, L.P. The Applicant is Cooper &
Stebbins, L.P. Two (2) written notices were sent to property owners within the 200' notification
area, and no responses were received.
Vice-Chairman Peebles asked if there is a dispute over the articulation requirements. Mr. Killough
said there is a difference in staff's interpretation of how articulation should be calculated and the
applicant's interpretation of how it should be calculated.
Frank Bliss, 1360 Lakeview Drive, Southlake, Texas, said Mr. Killough's interpretation is not
necessarily inconsistent with theirs. He said Mr. Killough is right that the City does have the ability
to look at the building as one building, but per the PUD Regulations it is not a requirement, it is
really a protective measure to ensure that the Commission and Council like the building.
Brian Stebbins, 904 Independence Parkway, Southlake, Texas, presented this item to the
Commission. He said this block is consistent with what you see now, if not better. He said they have
employed three different architects on this particular building to get the total separation of character
and types of materials.
Commissioner Home said the backs of the buildings are all the same EIFS. He does not see the
differentiation as in the fronts of the buildings.
Chairman Creighton asked if the backs of these buildings will be seen from State Highway 114 when
the site is completely built out. Mr. Stebbins said no.
In terms of the practicality of the EIFS over brick, Mr. Stebbins said they do not know what the
retailers will do in terms of retailing out the back. He said they are very happy with what they have
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seen so far in that the majority of the retailers do retail to the back, but most places in the country
do not do that. The stores did it in Southlake because it is a good security risk and that is where the
majority of the parking is located. The practicality of knocking brick out and then putting windows
and doors in at a later date is very difficult both structurally and in terms of trying to match the brick.
If they were to put brick on the back, they would have had to eventually paint the brick because they
do not always know who the tenant will be and the tenant may change over time.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 01-20-00, tape 2, section #1006)
Motion was made to approve ZA 99-137 subject to Site Plan Review Summary No. 2, dated January
14, 2000, deleting Item #3 (articulation) and accepting the articulation as shown on the submittal.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
Home
Peebles, Shankland, King, Home, Sandlin, Boutte, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 01-20-00, tape 2, section #1130)
AGENDA ITEM # 13, MEETING ADJOURNMENT:
Chairman Creighton adjourned the meeting at 10:52 p.m. on January 20, 2000.
(Planning and Zoning Commission meeting, 01-20-00, tape 2, section #1134)
ATTEST:
Lori A.~Farwell
Planning Secretary
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