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1999-02-18 P&Z Meeting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ,..-17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 REGULAR PLANNING AND ZONING COMMISSION MEETING February 18, 1999 COMMISSION PRESENT: Chairman Ann Creighton; Vice-Chairman James Murphy and Commissioners Rob Jones, F. C. LeVrier, C. D. Peebles, Mike Sandlin, and Keith Shankland. COMMISSION ABSENT: None. CITY STAFF PRESENT: Debra Drayovitch, City Attorney; Greg Last, Community Development Director; Dermis Killough, Senior Current Planner; Stefanie Sarakaitis, Comprehensive Planner; Charlie Thomas, Deputy Director of Public Works; Ron Harper, Deputy Director of Public Works; and Lori Farwell, Community Development Secretary. Chairman Creighton called the meeting to order and the Work Session started at 6:34 p.m. and ended at 6:58 p.m. The Commission discussed the items on the agenda. There was no Executive Session held. (Planning and Zoning Commission meeting, 02-18-99, tape 1, section #0596) The meeting was called back to order by Chairman Creighton at 7:05 p.m. AGENDA ITEM #2. APPROVAL OF MINUTES: Chairman Creighton opened discussion of the minutes of the February 4, 1999, Planning and Zoning Commission meeting. In the Work Session, Chairman Creighton asked the Commission Secretary, Lori Farwell, to review the tapes and add to the minutes when Commissioner Jones left the meeting and returned to the meeting during the Chesapeake Place discussion. Also in the Work Session, Commissioner Jones asked Ms. Farwell to add the exchange between he and Chairman Creighton which occurred towards the end of the meeting. Motion was made to approve the February 4, 1999, Planning and Zoning Commission meeting minutes, as presented. Motion: Peebles Second: Shankland Commissioner Jones said in light of the fact there were allegations regarding his integrity, he would Planning and Zoning Commission Meeting Minutes on February 18, 1999 Page 1 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 like the exchange between he and Chairman Creighton to be included in the minutes. Commissioner Sandlin said he does not really remember the exchange and does not feel comfortable voting for something tonight in which he does not remember. Commissioner Jones said in the past the Commission Secretary, Ms. Farwell, would listen to the tapes again and add the appropriate items into the minutes. He said he is not asking for the entire night to be recorded, he is just asking for that one exchange. Commissioner Shankland said the minutes could be approved as they are tonight and then amended at the next meeting. Commissioner Peebles said he does not think the minutes are a proper forum for Commissioner Jones' request; the minutes are supposed to reflect general activity in the meeting. He does not think they need to set a precedent to include this type of information in the minutes. Commissioner LeVrier said he is not sure what is being added to the minutes. If they approve the minutes as presented, there is an objection by one of the Commissioners as to the content of them. He questioned staff if the minutes are considered to be approved at the point in time where the Commission simply takes a vote and Commissioner Jones votes against it. City Attomey Debra Drayovitch recommended if there is a motion and a second and a vote is taken, that vote will be binding, however, it is possible to come back with an amendment later if the minutes are placed on the agenda. Commissioner Jones said he has never, in two (2) years, voted against someone who wanted an item clarified in the agenda. Chairman Creighton said there is a motion and a second and unless there is further discussion, she would like to call for a vote. Ayes: Peebles, Shankland, Creighton Nays: Sandlin, LeVrier, Jones Abstain: Murphy Vote: 3-3-1 Motion failed. (Planning and Zoning Commission meeting, 02-18-99, tape 1, section #0800) Commissioner Shankland said he does not have a problem with Commissioner Jones' request being reflected in the minutes, but he wants to see it first. Planning and Zoning Commission Meeting Minutes on February 18, 1999 Page 2 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ,.-21 2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Commissioner LeVrier asked Commissioner Jones if he is okay with Ms. Farwell amending the minutes as she sees fit and bringing them back to the next meeting for the Commission to review. Commissioner Jones said he has no problem with that whatsoever. Chairman Creighton said she has no problem either. Motion was made to table the approval of the February 4, 1999, Planning and Zoning Commission meeting minutes to the March 4, 1999, Planning and Zoning Commission meeting and instructing the Secretary, Lori Farwell, to amend the minutes as discussed. Motion: Second: Ayes: Nays: Approved: LeVrier Sandlin Sandlin, LeVrier, Jones, Murphy Peebles, Shankland, Creighton 4-3 Motion carried. (Planning and Zoning Commission meeting, 02-18-99, tape 1, section #0993) Chairman Creighton said during the Work Session Commissioner Jones premised this discussion as to whether or not she would give him an apology. She does not really think there was anything wrong with her comments so she is not going to apologize, however, she would be happy to explain them. Her comment was meant only to point out that Commissioner Jones' occupation gave him a business interest that was not shared by the public at large and was not to impugn his character or his reputability or to suggest any financial benefit for his services as a Commissioner. Commissioner Jones said for all practical purposes, it would actually make him more money to have all $3 million homes if, in fact, he did much business in Southlake, but his business is spread over several cities and Southlake is not a large part o£it. Medium Density is actually against his financial interests. He said he would have preferred an apology, but thanked Chairman Creighton for what she gave. AGENDA ITEM #3. ADMINISTRATIVE COMMENTS: Vice-Chairman Murphy said he understands there was conversation at the last meeting as to whether or not there would be a meeting held on March 18 which is during Spring Break. He said he will not be here and nor will Commissioner Sandlin or Chairman Creighton. Chairman Creighton said she may be here but is not sure. Commissioner Shankland said he will not be here. Planning and Zoning Commission Meeting Minutes on Februar~ 18, 1999 Page 3 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 After discussion, it was determined there would not be a quorum for the March 18 meeting, but the Commission decided to wait until the March 4 meeting to decide whether or not to instead hold a meeting on March 25. AGENDA ITEM #4. AMENDMENTS TO LANDSCAPE ORDINANCE NO. 544: AGENDA ITEM//5. ORDINANCE NO. 480-FF. REVISIONS TO ZONING ORDINANCE NO. 480. AS AMENDED. REGARDING PROCESSING PROCEDURES FOR APPLICATIONS: AGENDA ITEM #6. ORDINANCE NO. 483-H. REVISIONS TO SUBDIVISION ORDINANCE NO. 483. AS AMENDED. REGARDING PROCESSING PROCEDURES: AGENDA ITEM #7. ZA 98-164, PLAT REVISION FOR BOB JONES PARK ADDITION. AND AGENDA ITEM #10. ZA 99-007. SPECIFIC USE PERMIT FOR OUTSIDE STORAGE OF PLANTS OR OTHER GREF, NERY AS PART OF A RETAIL OPERATION: Motion was made at the applicant's request to table Amendments to Landscape Ordinance No. 544, Ordinance No. 480-FF, Ordinance No. 483-H, ZA 98-164, and ZA 99-007 and to continue the Public Hearings to the March 4, 1999, Planning and Zoning Commission meeting. Motion: Second: hyes: Nays: Approved: LeVrier Murphy LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 02-18-99, tape 1, section # 1215) AQENDA ITEM #8. ZA 98-119. PRELIMINARY PLAT FOR CHESAPEAKE PLACE: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Preliminary Plat for Chesapeake Place on property legally described as Tracts 4A, 4A8, 4A9, 4B, and 4E2, situated in the J.G. Allen Survey, Abstract No. 18, and being approximately 54.95 acres. The property is located on the northeast comer of the intersection of South Pearson Lane and Union Church Road. The Current Zoning is "AG" Agricultural District. The Land Use Category is Low Density Residential and Retail Commercial. The Owners of the property are Ranchland Leasing Co., Inc.; Seyed M. Mirtaheri; Michael and Laura Musgrove. The Applicant is Four Peaks Development, Inc. In the first notification, seventeen (17) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was in favor. In the second notification, nineteen (19) written notices were sent to property owners within the 200' notification area, and three (3) responses were received which all were in favor. David McMahan (Four Peaks Development, Inc.) 1335 Hidden Glen, $outhlake, Texas, presented this case to the Commission. He requested for this plat, as shown, to be approved. Planning and Zoning Commission Meeting Minutes on February 18, 1999 Page 4 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 .,-21 2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Commissioner Peebles said it was his understanding that there was a 4-3 vote against this at City Council and asked if that was correct. Mr. McMahan said that is correct for the rezoning request. Commissioner Peebles asked if the density for this plan is approximately 1.67 dwelling units per acre. Mr. McMahan said he thinks it is actually closer to 1.7 d.u. per acre. Conwnissioner Peebles said the Land Use Plan calls for 1 d.u. per acre and asked if there was any discussion at City Council regarding splitting the difference. Mr. McMahan asked if that has anything to do with this plat. Commissioner Peebles said no, and he was just asking. Mr. McMahan said he would be glad to talk about the plat and would be glad to answer questions about it. Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Creighton closed the Public Hearing. Commissioner Sandlin said he does not understand why this is on the agenda and asked why the Commission is being asked to approve a P.U.D. plat when there is no zoning in place. Mr. Killough said the Commission has to take action on the plat because the applicant did not request to withdraw it. He said unless they withdraw it, the Commission and City Council will need to take action on the plat. Chairman Creighton asked Mr. McMahan if there was a reason he was not withdrawing this case, and Mr. McMahan said yes, he would like to have it approved. Commissioner asked if the Commission has any legal requirement that the actual zoning be in place in order for them to approve a plat. Ms. Drayovitch said that Article 4.01.c in the Subdivision Ordinance reads: "No plat within the corporate limits of the City shall be approved until the proper zoning embracing such plat has been approved and duly adopted by the City." Motion was made to deny ZA 98-119. Motion: Peebles Second: Shankland Commissioner Sandlin said he is going to vote to deny this case this time because they should have zoning, and he is not going to go against the City's ordinances. Commissioner Jones said in spite of the fact he voted for the zoning the first time and is in favor of the surrounding homeowners getting the improvements this development offers to them, he is going to vote against this on a procedural issue simply because the City's ordinances say he cannot approve Planning and Zoning Commission Meeting Minutes on February 18, 1999 Page 5 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 it. Commissioner Peebles said he would approve the plat if it had a density of 1.33 d.u. per acre. Ayes: Peebles, Shankland, Jones, Murphy, Sandlin, LeVrier, Creighton Nays: None Approved: 7-0 (to deny) Motion carried. (Planning and Zoning Commission meeting, 02-18-99, tape 1, section #1490) AGENDA ITEM #9. ZA 99-005. REZONING: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Zoning Change on property legally described as being Tract 1Al situated in the Larkin H. Chivers Survey, Abstract No. 300, and being approximately 9.996 acres. The property is located on the east side of North White Chapel Boulevard approximately 370' south of East Dove Road. The Current Zoning is "AG" Agricultural District. The Requested Zoning is "RE" Residential Estate District. The Land Use Category is Low Density Residential. The Owners of the property are Trigg and Traci Moore. The Applicant is Gene Campbell, Inc. Eleven (11) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was in favor. Trigg Moore, 6310 Edenburg Drive, Colleyville, Texas, presented this case to the Commission and said they bought the property in October. The property had an existing house on it which they had tom down in order to build a new house, and they discovered it was zoned agricultural and needed it rezone it residential. He said their intent is to build a house on it. Chairman Creighton opened the Public Heating. No one in the audience stepped forward to speak. Chairman Creighton closed the Public Hearing. Motion was made to approve ZA 99-005. Motion: Second: Ayes: Nays: Approved: Jones Murphy Shankland, Jones, Murphy, Sandlin, LeVrier, Peebles, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 02-18-99, tape 1, section #1592) Planning and Zoning Commission Meeting Minutes on February 18, 1999 Page 6 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 AGENDA ITI~M #11. ZA 99-008. SITE PLAN FOR LOTS 3 AND 4. BLOCK A. NORTH DAVIS BUSINESS PARK: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Site Plan for Lots 3 and 4, Block A, North Davis Business Park on property legally described as Lots 3 and 4, Block A, North Davis Business Park, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Volume 388-197, Page 40, Deed Records, Tarrant County, Texas, and being approximately 2.2 acres. The property is located on the north side of Greenwood Drive approximately 250' north of Greenbriar Drive. The Current Zoning is "I-l" Light Industrial District. The Land Use Category is Industrial. The Owner and Applicant is SLJ/Exchange. Eight (8) written notices were sent to property owners within the 200' notification area, and no responses were received. Mike Lease (President of Structures Interiors General Contractors) presented this case to the Commission. Regarding Item #1.a, he said the intended use for this building will not require tractor trailer type deliveries and, therefore, they have not incorporated any dock high loading areas into the building; they will only require UPS or Federal Express type deliveries. Regarding Item #1 .b, they will relocate the exit doors as requested by staff. Regarding Item #3, the stucco finish will meet approval of building officials. He requested a variance to Item #5.b concerning the west driveway and said to facilitate traffic to the rear of the building this drive would eliminate the need for two (2) taming movements within their parking lot and would better facilitate the traffic flow. He said this drive would provide for straight, uninterrupted access to their site. Commissioner Jones said if someone is coming the opposite way down Greenwood Drive, there will be an uninterrupted collision. Commissioner Sandlin agreed saying it would create a safety hazard to put the drive where it is shown. Mr. Lease said Mr. Dorety brought it to his attention that it was their intent for the traffic to be directed in a one way manner around the Technology Center with traffic entering through the west drive and exiting through the east drive. Vice-Chairman Murphy asked if they are suggesting a clockwise traffic flow around the building. Mr. Lease said yes. Vice-Chairman Murphy said that is counter intuitive to the way traffic normally flows. Commissioner LeVrier asked what type of traffic will be in and out of this parking lot. Mr. Lease said primarily passenger car traffic for the employees of the Technology Center and UPS/Federal Express trucks. Mr. Lease said the major tenant is a technology company which will be bringing in small electronic parts via UPS, etc. Planning and Zoning Commission Meeting Minutes on February 18, 1999 Page 7 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Commissioner LeVrier asked if this one tenant will occupy both buildings. John Dorety (SLl/Exchange) 2875 Exchange Boulevard Southlake, Texas, said this one tenant will occupy approximately two-thirds of the west building, and the second building is proposed to be built later on in the year. Commissioner LeVrier asked if they would entertain the thought of having one common access drive on the middle of this property. He said they would have better control of the traffic with one drive instead of two. He said since there will be multiple tenants in these buildings, there is potential for a lot of traffic coming in and out. Mr. Lease said the light truck traffic they will have will come in on the west, be directed to the back of the building and exit on the east. The passenger car traffic they will have will enter on the west, park in front of the building and exit on the east. Mr. Dorety said he would like to add a third drive in the middle. Vice-Chairman Murphy said he is terribly uncomfortable with the amount of study done regarding the traffic flow around these two buildings. He does not know what the right answer is tonight. Commissioner Sandlin said he does not like the straight in shot; he thinks it is a bad idea and was not thought out very well. He suggested moving the west drive to the east aligning it with the existing drive across the street. Vice-Chairman Murphy said the east drive should be the entrance and the west drive should be the exit which would be a counter clockwise traffic pattern. Mr. Lease also requested a variance to the stacking depth requirement in Item #5.c and requested a variance of one parking space in Item #6. Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Creighton closed the Public Heating. (Planning and Zoning Commission meeting, 02-18-99, tape 1, section #2502) Chairman Creighton asked if they are amenable to moving the west drive more to the east. Mr. Lease said he would rather consider the possible solution of directing traffic in a one way pattern. Mr. Dorety said he would be amenable to putting up two stop signs - one on his property and one on the City's property. Planning and Zoning Commission Meeting Minutes on February 18, 1999 Page 8 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Vice-Chairman Murphy said he still believes traffic should be directed in the east drive and out the west drive. Mr. Dorety said that is fine with him. Deputy Director of Public Works Charlie Thomas suggested angling the parking spaces to encourage one way traffic through the two sites. Mr. Lease said that would probably cause them to lose a few more parking spaces. The Commission discussed the possibility of speed bumps, gates, directional arrows, slanting the parking spaces, etc., in order to direct and control the speed of traffic. Chairman Creighton said she is not sold on those types of solutions as really being enfomeable. She has seen too many instances where people just ignore those types of traffic control devices. Commissioner Jones said the slanted parking spaces might actually work. He said there may be no way to stop the UPS guys but they could get the rest o£the traffic under control. Mr. Lease said after further consideration, they would be agreeable to moving the driveway to the east to avoid the conflict of the comer traffic. He said they would move it over to meet staff's comments. Commissioner Sandlin said that is still not where he is talking about - he would like the drive to align with the drive across the street which is further east than what staff requires. Mr. Dorety said he would agree to move the drive to the location Commissioner Sandlin is talking about if the Commission would allow him one less parking space. Commissioner Sandlin asked if the applicant could have the drive changes made by Monday in order to go directly to City Council. Mr. Dorety said they could. Motion was made to approve ZA 99-008 subject to Site Plan Review Summary No. 1, dated February 12, 1999, relocating the west driveway to align with the existing driveway across the street (Item #5.b), and recommending a minimum of 35 parking spaces but recognizing they will try to get 36 (Item #6). Motion: Sandlin Second: Murphy CliffClapp (B. C.t Architects) said they may lose more parking spaces after they realign the drive. Mr. Dorety said they will try to comply with 35 spaces, but they really cannot say right now. Ayes: Nays: Jones, Murphy, Sandlin, LeVrier, Peebles, Shankland, Creighton None Planning and Zoning Commission Meeting Minutes on February 18, 1999 Page 9 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 02-18-99, tape 1, section #3194) AGENDA ITEM #12. ZA 99-009. SITE PLAN FOR LONESOME DOVE BAPTIST CHURCH ADDITION: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Site Plan for a Site Plan for Lonesome Dove Baptist Church Addition, approved as Lot 1, Block 1, Lonesome Dove Baptist Church Addition on property legally described as Tracts 2C and 2D1 situated in the N.E. Thompson Survey, Abstract No. 1563, and being approximately 11.271 acres. The property is located at 2380 Lonesome Dove Avenue, approximately 400~ north of the intersection of Emerald Circle and Lonesome Dove Avenue. The Current Zoning is "CS" Community Service District. The Land Use Category is Public/Semi-Public. The Owner of the property is Lonesome Dove Baptist Church. The Applicant is GSBS/Batenhorst. Nineteen (19) written notices were sent to property owners within the 200' notification area, and no responses were received. Ty Holcomb (GSBS/Batenhorst Architects) 7291 Greenview Drive, North Richland Hills, Texas, presented this item to the Commission. He asked for the Commission to disregard the cemetery as part of the Site Plan; the northern third of this property is an existing cemetery, and it probably would not be a good idea to dig around in there to plant more trees (this pertains to Items #5.a, #5.b, and #5.c). He requested a variance to Item #2 regarding the 8' screening device along the west and south property lines. Senior Planner Dennis Killough said Item #2 is a requirement of the Zoning Ordinance and is outside the City Council's ability to waive in a straight zoning district; in order to get relief from this item, the applicant would need to go to the Zoning Board of Adjustment (ZBA). Other items they would need to go to ZBA for approval are Items #7.a regarding providing an all weather surface material and #7.b regarding parking. Mr. Holcomb also asked for a variance to Items #4.a and 4.b regarding articulation. He said the church is asking for the ability to not do the articulation in order to save money. Regarding Items #5.a, #5.b, and #5.c, Commissioner Peebles asked if they would be willing to take the required plants and plant them elsewhere on the site. Mr. Holcomb said he believes they could; they would rather save as much money as possible, but they would agree if that is what the Commission wants. Chairman Creighton asked if they made any effort to comply with the articulation requirements and asked what kind of an expense would it be. Mr. Holcomb said they would need to research it more Planning and Zoning Commission Meeting Minutes on February 18, 1999 Page 10 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 to know the exact cost but no matter what the cost is, he would hope a church would not have to pay for it. The articulation is only required due to residential adjacency, and the residents want the church there. If they have to redesign the building, then they will see what the costs are once they are finished. Commissioner LeVrier said there is an 8' fence shown on the plans and the applicant stated earlier he would like a variance to that requirement. He asked the applicant to clarify what he wants. Mr. Holcomb said they originally showed an 8' fence on the plans and then the owner decided he did not want it. He said they sent a letter to the staff stating their intentions regarding the fence. Vice-Chairman Murphy said the east elevation will not be visible from Lonesome Dove and asked staffifhe is correct. Mr. Killough said he is correct. Vice-Chairman Murphy asked how far the west elevation is from existing residential property. Mr. Killough said it is approximately 200' from the west property line. Chairman Creighton opened the Public Hearing. Dr. Coy Quesenbury (Pastor of Lonesome Dove Baptist Church) 2380 Lonesome Dove, Southlake, Texas, said they are having their 153rd anniversary this Sunday and have been on this property since 1847. They are the oldest institution in Tarrant County and are actually four (4) years older than the County. The reason why they do not want to do a great deal in the cemetery is, even now, the grave diggers will dig into an old grave and will have to move over. So many of the old graves were marked with wooden markers which have rotted away. The cemetery is very well maintained by the Lonesome Dove Cemetery Association. He has been polling the neighbors regarding the 8' fence and has not found anyone who wants the fence. In fact, he has helped some of the neighbors clear out brush to make it more open in that area. They have a playground which is used by the neighbors as well as the church. Commissioner Sandlin asked if they could possibly articulate the west elevation since it is visible from Emerald Estates. Dr. Quesenbury said the building is approximately 200' from their west property line but it is much further to the actual houses. Those are very deep lots and the houses are set much further away. Commissioner Peebles said he does not have a problem waiving the articulation requirements. He suggested placing the plantings which would normally be in the bufferyard and spread them around the building in order to break the site line. Dr. Quesenbury said there are many, many existing trees along the west property line except where the homeowners have cleared it out. Vice-Chairman Murphy said this is one of the prettiest spots in the entire City and would be interested in hearing from surrounding residents as to whether or not they are interested in trees and Planning and Zoning Commission Meeting Minutes on February 18, 1999 Page 11 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 articulation. If not, he would be inclined to give them what they are asking for this evening. Jim Haltom, 1700 Sunshine Lane, Southlake, Texas, said this new building will be nice looking, and they intend to plant shrubs in front of it. They do not have the money to do anything else to this building. They will appreciate anything that can be done to save money, and they will put it towards attracting children and adults to the church. He asked the Commission to see their way clear of requiring the articulation; if they have to articulate it, they probably will not be able to build the building because they are already over budget. He said they have a Master Plan for this property and plan to put in volleyball courts, basketball courts, and an area for horseshoes. He said this area is open to the public and is almost like a City park. They did not intend to plant any shrubs out in that area; they only intended to plant some against the west side of the building. Chairman Creighton closed the Public Heating. (Planning and Zoning Commission meeting, 02-18-99, tape 1, section #4456) Commissioner Jones said this is a really rustic area which is befitting ora 150 year old church. If the Commission was ever going to give anybody a variance, this is the group he would do it for. Commissioner Peebles said he would be willing to waive the shrubs and the accent trees, but he would like them to put in the canopy trees. Chairman Creighton said this is a tough one - she feels very strongly about the articulation requirements and the landscaping requirements, but on the other hand, she does not want to be the one who makes a church unable to build a building. Commissioner Peebles said he would like to require them to relocate the plantings and come up with a figure for doing so and take that number to City Council and let City Council decide if they want to waive the bufferyard requirements or not. Motion was made to approve ZA 99-009 subject to Site Plan Review Summary No. 1, dated February 12, 1999, waiving Items #4.a and #4.b (articulation); relocating the required canopy trees (deleting shrubs and accent trees) to the west of the new building and as close to the parking lot as possible to allow the applicant better utilization of the open space (Items #5.a and #5.b); and allowing Item #6.b (throat depths) as proposed. Motion: Sandlin Second: Murphy Commissioner Jones recommended favorable consideration from ZBA for Items #2, #7.a, and #7.b. Planning and Zoning Commission Meeting Minutes on February 18, 1999 Page 12 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 Ayes: Murphy, Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 02-18-99, tape 1, section #4897) Chairman Creighton called for a break at 9:05 p.m. Chairman Creighton called the meeting back to order at 9:16 p.m. AGENDA ITEM #13. ZA 99-010. SPECIFIC USE PERMIT FOR SPECIAL EVENTS ASSOCIATED WITH THE GRAND OPENING OF TOWN SOUARE: Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Specific Use Permit for Special Events associated with the Grand Opening of Town Square, Phase I, on property legally described as 42.013 acres situated in the Richard Eads Survey, Abstract No. 481, and being Tract 3B and a portion of Tracts 2A and 3, and being the approved Final Plat of Southlake Town Square, Phase I. The approved Site Plan for Phase I was submitted with this request. The property is located on the northeast comer of the intersection of North Carroll Avenue and East Southlake Boulevard (F.M. 1709). 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 The Fechtel Group. The Applicant is Cooper and Stebbins, L.P. Eleven (11) written notices were sent to property owners within the 200' notification area, and no responses were received. Brian Stebbins (Cooper & Stebbins) 904 Independence Parkway, Southlake, Texas, presented this case to the Commission. He corrected staffto say the owners of the property are Southlake Venture West L.P. and Southlake Central Venture. Mr. Stebbins outlined the day's events to the Commission. Commissioner LeVrier asked if there will be an annual parade on this day. Mr. Stebbins said he plans to have a July 4th annual parade. Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Creighton closed the Public Hearing. Motion was made to approve ZA 99-010. Motion: Murphy Second: Jones Commissioner Peebles said he would like to hear from the City regarding any concerns they may Planning and Zoning Commission Meeting Minutes on February 18, 1999 Page 13 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 3 24 25 26 27 28 31 32 33 34 have. Deputy Director of Public Works Ron Harper said staff and Council members have been participating in the planning process right from the very start. He said Mayor Stacy, Council member Edmondson, and Council member Fawks have attended planning sessions and have added their input. The Public Safety Department is also onboard and is assigning personnel to handle all traffic control. Ayes: Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 02-18-99, tape 1, section #5427) AGENDA ITEM # 14. MEET1NG ADJOURNMENT: Chairman Creighton adjourned the meeting at 9:28 p.m. on February 18, 1999. (Planning and Zoning Commission meeting, 02-18-99, tape 1, section #5434) ATTEST: Lori A. Farwell Community Development Secretary Ann Creighton Chairman 1999, which failed with :a 3~3 Vote. L:\COMDEV~WP-FILESXdMTG~dMllq~ 1999\02-18-99 ,WPD Planning and Zoning Commission Meeting Minutes on February 18, 1999 Page 14 of 14