1999-03-04 P&Z Meeting 1
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REGULAR PLANNING AND ZONING
COMMISSION MEETING
March 4, 1999
COMMISSION PRESENT: Chairman Ann Creighton; 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; Curtis E. Hawk, City Manager; Greg
Last, Community Development Director; Dennis Killough, Senior Current Planner; Chris Carpenter,
Senior Comprehensive Planner; Lisa Sudbury, Current Planner; Keith Martin, Landscape
Administrator; Stefanie Sarakaitis, Comprehensive Planner; Charlie Thomas, Deputy Director of
Public Works; and Lori Farwell, Community Development Secretary.
Chairman Creighton called the meeting to order and stated the Commission would be going into
Executive Session pursuant to Section 551.071, Texas Government Code, to consult with the City
Attorney regarding matters posted on this agenda. The Executive Session started at 6:34 p.m. and
ended at 7:03 p.m.
There was no Work Session held.
The meeting was called back to order by Chairman Creighton at 7:08 p.m. who asked if there was
any action necessary as a result of the Executive Session. City Attomey Debm Drayovitch said there
was no action necessary.
AGENDA ITEM #2. APPROVAL OF MiNUTES:
Chairman Creighton opened discussion of the minutes of the February 4, 1999, Planning and Zoning
Commission meeting and the February 18, 1999, Planning and Zoning Commission meeting
minutes.
Motion was made to approve the February 4, 1999, Planning and Zoning Commission meeting
minutes, and the February 18, 1999, Planning and Zoning Commission meeting minutes, as
presented.
Motion: Sandlin
Second: LeVrier
Commissioner Peebles stated he does not feel the minutes are the proper forum for the type of
information Lori Farwell, Commission Secretary, was asked to add. He listed the information as
Lines 12 - 20, Page 21, in the February 4, 1999, minutes and Lines 21 - 26, Page 3, in the February
Planning and Zoning Commission Meeting Minutes of March 4, 1999 Page 1 of 18
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18, 1999, minutes. He said he will not vote for these minutes with that information remaining in
them.
Commissioner Jones said since the minutes are the only official public record of the meeting, the
comments should be left in. He said he is not ashamed of anything he has ever said in a meeting and
would never request his own comments to be deleted.
Commissioner Sandlin asked the City Attorney what information is supposed to go in the minutes.
City Manager Curtis E. Hawk said it has always been his understanding the purpose of the minutes
is to properly reflect the action taken by the Commission. The minutes are not meant to be a
verbatim transcript and do not always reflect the dialog.
Commissioner Peebles said this is not a criticism of the person taking the minutes. His criticism has
to do with the fact the lines in question are barely related, if any at all, to the item number being
discussed at the time.
Commissioner Jones said that is his point exactly, it was an attack on a fellow Commissioner and
was not related to a case.
Commissioner LeVrier said this issue has been discussed enough, and he feels the Commission
should move on.
Ayes: Sandlin, LeVrier, Jones
Nays: Peebles, Shankland, Creighton
Vote: 3-3
Motion failed.
(Planning and Zoning Commission meeting, 03-04-99, tape 1, section #0300)
City Attomey Debra Drayovitch said the unofficial minutes will be the record.
Motion was made to approve the February 4, 1999, Planning and Zoning Commission meeting
minutes omitting Lines 7 - 20, Page 21, and the February 18, 1999, Planning and Zoning
Commission meeting minutes, omitting Lines 21 - 32, Page 3.
Motion: Peebles
Second: Shankland
Ayes: Peebles, Shankland, Creighton
Nays: LeVrier, Jones, Sandlin
Vote: 3-3
Planning and Zoning Commission Meeting Minutes on March 4, 1999 Page 2 of 18
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Motion failed.
(Planning and Zoning Commission meeting, 03-04-99, tape 1, section #0358)
AGENDA ITEM #3. ADMiNISTRATIVE COMMENTS:
Director Last asked if there would be a quorum on March 18, 1999, and it was determined there
would not be. He said there is currently a CIAC meeting scheduled for March 25, 1999, and asked
if the Commission would be receptive to moving the three (3) SUPs scheduled for March 18, 1999,
to be beginning of the March 25, 1999, meeting. Director Last discussed the possibility of fast-
tracking significant economic development opportunities that may come to the City and said the City
Council has agreed with that concept and would like to practice with the Post Office project. The
date being discussed for a joint meeting is March 23. On the same night, the Commission would
review the case, hold their Public Hearing, give their recommendation to the City Council, and the
City Council would have its First Reading. If need be, a Joint Work Session could be held between
the Joint Meeting and the Second Reading at City Council.
Commissioner Peebles said he is not available on Tuesday nights.
Commissioner Shankland said he is not sure if he is available on March 23, 1999.
Commissioner Peebles said he is not sure who decides whether or not to have a Joint Meeting, but
he thinks there is some value in the waiting period between the Commission meeting and the First
Reading at City Council. He is not sure how valuable the Commission's vote will be if the City
Council is hearing the same thing at the same time.
Mr. Hawk said he does not think it is any Council member's intention to make this a regular process.
Commissioner Shankland said he plans his schedule a month in advance so he is not sure if he can
be there and asked for more notice in the future, if possible.
After discussion, the Commission agreed to have the Joint Meeting on March 23 and agreed to hear
the SUPs either earlier on March 23 or before the CIAC meeting on March 25.
AGENDA ITEM #4. ZA 98-164. PLAT REVISION FOR BOB JONES PARK ADDITION:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Plat Revision of Bob Jones Park Addition being a revision of Blocks 12, 13, 14, 16, 17, 18, 19, 20,
21, and 22; Lots 18 through 29 of Block 8; Lots 1 through 23 and Lots 30 through 52 of Block 9;
Lots 1 through 23 and Lots 30 through 52 of Block 10; Lots 1 through 3 of Block 11; Lots 1 through
23 and Lots 27 through 52 of Block 15; and all adjacent internal right-of-ways of West Beach
Addition, an addition to the City of Southlake, Denton County, Texas, according to the plat recorded
in Volume 395, Page 537, Plat Records, Denton County, Texas, and including Tracts 10 and 11,
Planning and Zoning Commission Meeting Minutes on March 4, 1999
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situated in the H. Mahaffey Survey, Abstract 916, and a portion of Tract 5, situated in the R. D. Price
Survey, Abstract No. 1003, for a total acreage of approximately 92.090 acres. The property is located
on the southeast comer of the intersection of North White Chapel Boulevard and Bob Jones Road.
The Current Zoning is "AG" Agricultural District. The Land Use Category is Public Parks/Open
Space and Low Density Residential. The Owners of the property are City of Southlake and Marilyn
Tucker. The Applicant is City of Southlake. Nineteen (19) written notices were sent to property
owners within the 200' notification area, and three (3) responses were received with two (2) being
in favor and one (1) being undecided.
Chairman Creighton opened the Public Hearing.
Marylyn Miles gave an exhibit to the Commission. She asked the Commission to not take away her
access down Mudhen Road. She said she was told by the Commission that someone would contact
her and nobody ever did. She made all the contacts. She said she spoke to the City Manager, Mr.
Hawk, today who told her she would not be granted access to her property through the park. She
said for her to lose access to her property would be a great loss. She said the City is not willing to
purchase the property, and they are not willing for her to get to the property. She asked the
Commission to not deny her access to her property.
Chairman Creighton closed the Public Hearing.
Commissioner Jones said Ms. Miles indicated the City was not willing to purchase the property and
asked if she would entertain that discussion if the City were willing. Ms. Miles said the City was
supposed to contact her over 30 days ago and has not. She can only assume the City is willing to
do nothing. She said she is open to work out whatever is possible.
Commissioner Peebles asked if her willingness goes as far as to sell the land. Ms. Miles said as long
as the City is reasonable.
Chairman Creighton said the Commission does not have the authority to enter into negotiations
regarding the purchase of her land.
Commissioner Peebles asked Ms. Miles if she understands the difference between public and private
easements. Ms. Miles said, being a real estate broker, she understands the difference. Commissioner
Peebles asked her if she understood the Commission does not have the authority to deal with private
easements, and she said she did not understand that.
City Attorney Debra Drayovitch said the Commission is vested with the authority to approve plats
and consider the dedication and imposition of public access easements in connection with that
approval. When a situation comes up with a claim of a private access easement in order to access
land that may have arisen from prior deeds or dedications or out of the original ownership, that is
Planning and Zoning Commission Meeting Minutes on March 4, 1999
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not something that is ordinarily considered when approving a plat. One land owner's right to access
across another land owner's land is not normally considered with plat approval; it is normally
considered and negotiated or litigated between the two land owners.
Commissioner Peebles said if this is an issue between two owners of real estate, then the
Commission does not have the authority to negotiate as an owner - that would be City Council. Ms.
Drayovitch said that is correct. Commissioner Peebles said the Commission needs to get this out
of their hands and into Council's.
Commissioner Jones asked if there was anyone who does not remember the Commission saying
someone from the City would be contacting Ms. Miles. He asked if it was in the minutes.
City Manager Curtis E. Hawk said whether or not it was in the minutes, it was obviously not done
and was remiss on the City's part. He said he spoke to her today and is aware of her issues. He said
he learned today she would be a willing seller. He said Commissioner Peebles was correct in that
this is a land owner - land owner issue, and City Council acts as the land owner.
Chairman Creighton said she wants Ms. Miles to understand the Commission is not turning a deaf
ear to the issues she is raising, but she is asking the Commission to do something that is not within
their purview and will have to be raised at the City Council level.
Commissioner Jones asked if there is any reason this item cannot be tabled to allow the City time
to meet with Ms. Miles.
Chairman Creighton said she does not think it benefits Ms. Miles to table it; it probably benefits her
more for the Commission to take action and to allow this item to go on to City Council.
Commissioner Sandlin asked if the City was not involved, if it were a private person wanting to put
in an estate lot, would anything more be required. Mr. Hawk said if it were a private person wanting
to develop an estate lot and put one house in the middle, the City would not require him to do
anything differently than what is being required now.
Commissioner Jones asked if this were developing as a residential tract, would a street stub be
required to this property. Director Last if this were a subdivision with many streets, the ordinance
would require a stub on any property line in excess of 1,000'.
Commissioner LeVrier said the best thing the Commission could do for Ms. Miles is to act on this.
The power is with the City Council and if the Commission tables this item tonight, it will be
prolonging any action taken by the City Council.
Commissioner Shankland said what he heard Ms. Miles ask the Commission to do, they do not have
Planning and Zoning Commission Meeting Minutes on March 4, 1999
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the ability to do. He does not see how they have any other choice.
Ms. Miles said she appreciates the Commission's comments and concerns, but she has already been
told by Mr. Hawk that she would not receive access. She asked which ordinance states that if it is
a subdivision, she would be granted access. Director Last said the Subdivision Ordinance regulates
all subdivision of land.
Mr. Hawk said what he told Ms. Miles was there would not be access through this park, and that is
not to mean the City would not be willing to work with her on access from other points.
Ms. Miles said if it is necessary for her to go ahead and develop it into a subdivision, then that is
what she will do, and she will contact the Planning Department tomorrow.
Commissioner Jones said if the Commission felt there were unresolved issues at the last meeting and
felt they should be worked out prior to this case coming to them, then he does not understand why
it would not be appropriate to table this case once again since nothing was worked out and give them
time to talk.
Commissioner Shankland said the confusion at the last meeting was on the Commission's part, and
they have taken this time to understand the issues better.
Commissioner Jones said he is not comfortable with this.
Motion was made to approve ZA 98-164 subject to Plat Review Summary No. 2, dated February
26, 1999.
Motion: Peebles
Second: Shankland
Ayes: Peebles, Shankland, Sandlin, LeVrier, Creighton
Nays: Jones
Approved: 5-1
Motion carried.
(Planning and Zoning Commission meeting, 03-04-99, tape 1, section # 1648)
AGI~NDA ITEM #5. AMENDMENTS TO LANDSCAPE ORDINANCE NO. 544:
Director Last and Landscape Administrator Keith Martin presented this item to the Commission.
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 Minutes on March 4, 1999 Page 6 of 18
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Regarding Item 4.2 - Existing Tree Credits, Commissioner LeVrier asked to change the word "may"
to "shall," and staff said they would look at that.
Regarding Section 4.2 - Existing Tree Credits, Commissioner Peebles asked staff to possibly add
a section which states, "... if the tree does not live for X-number of years, the developer loses
credits." Staff agreed to look at it and determine the appropriate amount of time.
Regarding Section 3.3.e, the Commission decided to add the words "practices and" after the words
"drought tolerant." Commissioner Peebles also suggested adding types of xeriscape practices in
parenthesis in this section.
It was agreed to leave in Section 3.6.c, Water Conservation Credits, but move it to Section 3.3 and
change 10% to 5%.
Regarding the shaded area in Item 6.1, it was decided to change the word "unprofessional" to
"insufficient."
It was decided to change the word "caliper" on Lines 3 and 4, Page 10, to "DBH."
The Commission decided to change 50% back to 75% on Line 7, Page 16, and add the words "during
a non-stress period or during a normal growing season" in that section.
Commissioner Shankland thanked Keith Martin for the work he does and his review comments on
particular developments. He said he has made decisions based on Mr. Martin's comments.
Chairman Creighton agreed saying his comments are very helpful in making decisions on projects.
Commissioner Jones said he also appreciates the hard work Mr. Martin does. He appreciates the
trees and the grass in Southlake, too, or he would not live in the middle of a bunch of them, but he
thinks the way to save them is to buy them and not force someone else to plant them.
Motion was made to approve Amendments to Landscape Ordinance No. 544 as discussed this
evening.
Motion: Peebles
Second: LeVrier
Ayes: Shankland, Sandlin, LeVrier, Peebles, Creighton
Nays: Jones
Approved: 5-1
Motion carried.
Planning and Zoning Commission Meeting Minutes on March 4, 1999 Page 7 of 18
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(Planning and Zoning Commission meeting, 03-04-99, tape 1, section #3670)
Chairman Creighton called for a break at 9:00 p.m.
Chairman Creighton called the meeting back to order at 9:16 p.m.
AGENDA ITEM #6. ORDINANCE NO. 480-FF. REVISIONS TO ZONiNG ORDiNANCE NO.
480. AS AMENDED. REGARDING PROCESSING PROCEDURES FOR APPLICATIONS. AND
AGENDA ITEM #7. ORDINANCE NO. 483-H. REVISIONS TO SUBDIVISION ORDINANCE
NO. 483. AS AMENDED. REGARDING PROCESSING PROCEDURES:
Director Last and Comprehensive Planner Stefanie Sarakaitis presented these items to the
Commission together for the sake of expediency and due to the fact that they go hand-in-hand.
Chairman Creighton opened the Public Hearing for Agenda Item #6, Ordinance No. 480-FF. No one
in the audience stepped forward to speak. Chairman Creighton closed the Public Hearing.
Chairman Creighton opened the Public Heating for Agenda Item #7, Ordinance No. 483-H. No one
in the audience stepped forward to speak. Chairman Creighton closed the Public Heating.
Motion was made to approve Ordinance No. 480-FF and Ordinance No. 483-H with the change as
shown on the attached handout.
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Shankland
Jones, Sandlin, LeVrier, Peebles, Shankland, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 03-04-99, tape 1, section #3905)
AGENDA ITEM #8. ZA 98-161. REZONING AND SITE PLAN FOR PRIMROSE SCHOOL:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Zoning Change on property legally described as a portion of Tract 6F situated in the J. G. Allen
Survey, Abstract No. 18, and being approximately 1.8 acres. A Site Plan for Primrose School will
be considered with this request. The property is located on the northwest comer of the intersection
of Davis Boulevard (F.M. 1938) and Union Church Road. The Current Zoning is "AG" Agricultural
District. The Requested Zoning is "S-P-l" Detailed Site Plan District with "C-2" Local Retail
Commercial District uses to include a private kindergarten. The Land Use Category is Retail
Commercial and 100 Year Flood Plain. The Owner of the property is Ronnie M. Woods. The
Applicants are Frank and Nancy Cangelosi. Seven (7) written notices were sent to property owners
within the 200' notification area, and no responses were received.
Planning and Zoning Commission Meeting Minutes on March 4, 1999 Page 8 of 18
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Frank Cangelosi presented this case to the Commission. He said they have made as many changes
as they can possibly make without losing the integrity of the project.
Commissioner Peebles asked Mr. Cangelosi if he would change his requested zoning to "S-P-1" with
"C-2" uses limited to a private kindergarten and day care. Mr. Cangelosi said he would feel more
comfortable if the Commission would eliminate the use they find offensive in case the need arises
for him to convert this to a professional building at some point in the future.
Commissioner Peebles asked Mr. Cangelosi how he feels about changing it to "S-P-1" with "C-2"
uses limited to a private kindergarten, day care, and "O-1" uses. Mr. Cangelosi agreed.
Mr. Cangelosi asked tbr a variance to Item gl (relocating the dumpster), Item #2 (relocating the play
structures), and Item #3 (articulation).
Chairman Creighton asked what equipment will be located under the play structures. Mr. Cangelosi
said on the playground for smaller children, the play structures may have some type of equipment
under them, but the bigger structures in the back are just used for children to get out of the sun.
Mark Pavey (the project architect) said there will not be any equipment under any of the shade
structures, front or back; they are only used for shading purposes.
Mr. Cangelosi apologized amd said at their current school there is some play equipment under some
of the shade structures, and he will assume Mr. Pavey is correct in this case.
Chairman Creighton said she would like to see the vertical articulation requirements met.
Commissioner Peebles said he would be inclined to have them meet the vertical articulation
requirements and waive the horizontal articulation requirements.
Commissioner LeVrier asked the applicant to explain the variations in the pitches. Mr. Pavey said
they are trying to reduce the scale and make it appear more home-like.
Commissioner LeVrier said he has not studied it much, but he is wondering if the different roof
pitches are what is hurting them on their vertical articulation.
Mr. Cangelosi said they will meet the vertical articulation. Mr. Cangelosi asked for a variance to
Item #4.b. and #4.c.
Chairman Creighton asked what is the total square footage of bufferyard being encroached upon by
the bufferyard (Item #4.c). Mr. Killough said it is approximately 360 s.f.
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Commissioner Sandlin asked if the applicant would be willing to give up the number of parking
spaces equal to the bufferyard square footage being encroached into by the parking spaces.
Mr. Killough said it would be approximately two (2) spaces.
Commissioner Sandlin suggested removing two (2) spaces in the southeast comer of the site and
demonstrated to the applicant how it could be done, and Mr. Cangelosi agreed.
Mr. Cangelosi asked for a variance to Items #5.a. 1, 5.a.2, 5.b, and 5.c regarding driveways.
Commissioner Peebles said he would like to ask some questions of the City Attorney in Executive
Session.
Chairman Creighton stated the Commission would be going into Executive Session pursuant to
Section 551.071, Texas Government Code, to consult with the City Attorney regarding matters
posted on this agenda. The Executive Session started at 10:07 p.m. and ended at 10:18 p.m.
Chairman Creighton called the meeting back to order and asked if there was any action necessary
as a result of the Executive Session, and City Attorney Debra Drayovitch said no.
(Planning and Zoning Commission meeting, 03-04-99, tape 1, section #5937)
Chairman Creighton asked if there is anything that can be done in order for the applicant to meet
Item #5.b. Mr. Cangelosi asked if they could increase the deceleration lane to 200' from 150'.
Chairman Creighton asked if the Commission has the ability to do that.
Deputy Director of Public Works Charlie Thomas said that would be fine since it is a collector, and
they normally need more room in the deceleration lane.
Mr. Killough said they would need to increase the stacking lane to 250'.
Chairman Creighton said she still has a concem with the location of the dumpster, but she would like
to get any public comments first and then discuss the dumpster.
Chairman Creighton opened the Public Hearing.
Wayne Haney (SPIN #15 Representative) 400 Brock Drive, Southlake, Texas, said there was a SPIN
meeting for this project. He said there was zero opposition from citizens. The only comments he
heard had to do with the obvious need for this facility in this area. It will be an enhancement to the
City.
Chairman Creighton closed the Public Hearing.
Planning and Zoning Commission Meeting Minutes on March 4, 1999 Page 10 of 18
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(Planning and Zoning Commission meeting, 03-04-99, tape 1, section #6277)
Chairman Creighton asked if she was the only one troubled by the location of the dumpster.
Commissioner Sandlin asked staff why the dumpster comment is on the review letter. Mr. Killough
said the dumpster is located between the right-of-way line and the front of the building.
Ch~n'man Creighton said she has not been presented with a compelling reason why the Commission
should make an exception as to the location of the dumpster. Her personal preference would be to
pass this on to City Council with that requirement intact and let the applicant work on it.
Commissioner Sandlin said he does not want to see the dumpster on the north side of the building
since Davis Boulevard is more heavily traveled than Union Church.
Ronnie Woods indicated to City staff he may want to table or withdraw his zoning request which
is the next item.
(Planning and Zoning Commission meeting, 03-04-99, tape 1, section #7298)
Motion was made to approve ZA 98-161 subject to Site Plan Review Summary No. 2, dated
February 26, 1999, accepting Item #2 (play structures) as shown; accepting Item #3 as shown with
respect to horizontal articulation only; accepting #Item 4.b (fencing along west property line);
accepting Item #4.c and removing two (2) parking spaces in the southeast comer and increasing the
interior landscaping to at least 360 s.f. to make up the amount of encroached bufferyard; accepting
Item #5 in its entirety, but instructing the applicant and a City representative to make a good faith
effort to meet with a church official to see if an agreement can be reached regarding a common
access easement, and if that is not possible, then requiring Item #5.b be extended to 12' X 250'.
Motion: Peebles
Second: Sandlin
Chairman Creighton said it was her understanding from the applicant that there would be no play
equipment under the shade structures, and she thought it was the consensus of the Commission that
there was no objection for the hobby-horse spring-type rides being forward of that line.
Commissioner Peebles amended his motion to include restricting the requested zoning to "S-P-1"
Detailed Site Plan District with "C-2" Local Retail Commercial District uses limited to a private
kindergarten, day care, and "O-1" Office District uses. Commissioner Sandlin amended his second.
Ayes:
Nays:
Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton
None
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Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 03-04-99, tape 2, section #0028)
Mr. Killough said the plat is dependent upon the rezoning of this property, and therefore, he thinks
Mr. Woods is reconsidering his tabling or withdrawing of the next item.
Mr. Woods said he understands from staff it would disrupt Mr. Cangelosi's request if he were to
table at this point in time so he will go forward. He questioned how hard it would be to get this
property rezoned from residential to office at some point in time. He said he would prefer to have
office zoning on it, but it would not be fair to Mr. Cangelosi to hold up his request.
AGENDA ITEM #9. ZA 98-162. REZONING:
Senior Comprehensive Planner Ctu'is Carpenter informed the Commission that this request is for a
Zoning Change on property legally described as being a portion of Tract 6F situated in the J. G.
Allen Survey, Abstract No. 18, and being approximately 1.6264 acres. The property is located on
the north side of Union Church Road approximately 280' west of Davis Boulevard (F.M. 1938). The
Current Zoning is "AG" Agricultural District. The Requested Zoning is "SF-1A" Single Family
Residential District. The Land Use Category is 100 Year Flood Plain. The Owner and Applicant
is Ronnie M. Woods. Seven (7) written notices were sent to property owners within the 200'
notification area, and no responses were received.
Ronnie Woods presented this item to the Commission.
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 98-162.
Motion:
Second:
Ayes:
Nays:
Approved:
LeVrier
Shankland
LeVrier, Peebles, Shankland, Jones, Sandlin, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 03-04-99, tape 2, section #0320)
AGENDA ITEM #I0. ZA 98-163, PLAT SHOWiNG FOR PROPOSED LOTS 10 AND 11. J. G.
ALLEN NO. 18 ADDITION:
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Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Plat Showing for proposed Lots 10 and 11, J. G. Allen No. 18 Addition on property legally described
as Tract 6F situated in the J. G. Allen Survey, Abstract No. 18, and being approximately 3.426 acres.
The property is located on the northwest comer of the intersection of Davis Boulevard (F.M. 1938)
and Union Church Road. The Current Zoning is "AG" Agricultural District. The Land Use
Category is Retail Commercial and 100 Year Flood Plain. The Owner of the property is Ronnie M.
Woods. The Applicants are Frank and Nancy Cangelosi. Nine (9) written notices were sent to
property owners within the 200' notification area, and one (1) response was received which was in
favor.
Frank Cangelosi presented this item to the Commission and said they would comply with all staff
comments.
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 98-163 subject to Plat Review Summary No. 2, dated February
26, 1999, accepting Item #1 but instructing the applicant and a City representative to make a good
faith effort to meet with a church official to see if an agreement can be reached regarding a common
access easement, and if that is not possible, then waiving Item #1.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
LeVrier
Peebles, Shankland, Jones, Sandlin, LeVrier, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 03-04-99, tape 2, section #0422)
Chairman Creighton called for a break at 10:56 p.m.
Chairman Creighton called the meeting back to order at 11:08 p.m.
AGENDA ITEM #11. ZA 99-007. SPECIFIC USE PERMIT FOR OUTSIDE STORAGE OF
PLANTS OR OTHER GREENERY AS PART OF A RETAIL OPERATION:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Specific Use Permit for outside storage of plants or other greenery as part of a retail operation per
Zoning Ordinance No. 480, Section 45.1 (29) on property legally described as Lot 4, Block 2,
Village Center, Phase 2, an addition to the City of Southlake, Tarrant County, Texas, according to
the plat recorded in Cabinet A, Slides 3095 & 3096, Plat Records, Tarrant County, Texas, and being
approximately I 1.732 acres. A Site Plan will be considered with this request. The property is
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located on the west side of Village Center Drive approximately 500' north of East Southlake
Boulevard (F.M. 1709). The Current Zoning is "C-3" General Commemial District. The Land Use
Category is Retail Commercial. The Owner of the property is Home Depot USA, Inc. The
Applicant is Winkehnann & Associates, Inc. Six (6) written notices were sent to property owners
within the 200' notification area, and no responses were received.
Commissioner Peebles asked if there is an ordinance which requires them to maintain a sight line
to make sure nothing is stacked over a height that would be visible from S.H. 114. Mr. Killough said
he is not sure it is specifically listed in an ordinance, but that is something the Commission could
consider with an outside storage issue.
Michael Clark flYinkelmann & Associates) presented this case to the Commission. Regarding Item
#4, he asked that fencing materials be considered a landscape item and be subject to the same
restrictions as the rest of the items stored outside. He introduced Sam Atkinson (Home Depot Store
Manager) and Emmylou Barnes (Home DepoO who were also present to answer any questions.
Chairman Creighton said this item comes to the Commission because they currently have a situation
in which they are not complying with the additional 5% granted under the ordinance and asked if
she were to go to their store right now how much of this outdoor storage area are they presently
using for the outdoor storage that exceeds the 5% allowed by ordinance.
Mr. Clark said he does not understand the question.
Commissioner LeVrier asked if they are in the 15% to 20% range.
Chairman Creighton said she is trying to fmd out what the minimum outside storage the Commission
can give them that they are presently using now because she is not really interested in increasing the
outside storage by 20%.
Mr. Clark said he is not understanding the question. He estimated 20%.
Commissioner Shm~kland questioned if they are willingly not complying with the City's ordinances
fight now and the Commission grants them 20% more, what is to keep them from going to 30% to
40% more. He said they have not complied yet so why would they comply if they were granted
more.
Mr. Clark said they are before the Commission by choice tonight, not by directive. They are trying
to address the issue.
Chairman Creighton said staff brought it to their attention and said it was staffs intention to bring
them into compliance or to have them apply for additional outside storage through a Specific Use
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Permit.
Commissioner Sandlin said he does not want to penalize someone for being successful. The way
he looks at it is the more Home Depot sells, the more taxes they will pay and the less he will have
to pay. He wants them to be successful.
Commissioner Shankland said he wants them to be successful, too, but they violate our ordinances
willingly and openly and then someone brings it to their attention and they come in and still cannot
give any assurances they will not go over the increased amount of outside storage. That is the only
thing that bothers him.
Commissioner Sandlin said he thinks they are trying to comply by coming in and appearing before
the Commission. This is their attempt to clean up their mess.
Commissioner Shm~kland asked the applicant what guarantees they can give the Commission they
would not fill the alley back up.
Mr. Atldnson said the Commission would have his guarantee as a store manager. He said they are
not in compliance with the code and they realize that. That is their goal - to be in compliance.
Regarding fences, Commissioner Sandlin said he would rather them to be out of site. He would just
as soon be driving by and not see anything. He wants it all hidden.
Commissioner Peebles said part of Home Depot's success is because of their lawn and garden area
with the rocks and mulch. He said the Commission needs to decide if they are going to be required
to put that sort of thing under a roof. They need the extra space, and they can sell the material.
Chairman Creighton said the Commission can tell them they do not have enough outside storage,
and if they have to reorder every three days, then that is what they will have to do. She is not
anxious to see the outside storage increased by 20%. Her problem is every other store in town is
going to be waving Home Depot in the Commission's faces asking for 20% outside storage.
Commissioner Jones said he thinks the applicant is already trucking merchandise in about every
three days.
Commissioner Peebles asked if the City did not grant them this outside storage and they still needed
the space, would they have to come in with a revised site plan and show a building with a roof on
it. Mr. Killough said it is possible for them to submit another site plan showing a roofed building
structure to place materials in.
Commissioner Jones asked if a roof is going to help xvhen there is already a 1 O' masonry wall there
Planning and Zoning Commission Meeting Minutes on March 4, 1999 Page 15 of 18
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anyway.
Chairman Creighton said she thinks it will, and it will help the other stores who want outside storage
know this is what the City requires of them.
Commissioner Jones said he is thrilled they are doing as well as they are, and they are having this
problem. He cannot figure out what the worry is because this is out of site behind a 10' masonry
wall.
Commissioner LeVrier said he would rather see it behind a wall than where he sees it now.
Commissioner Peebles asked the applicant how he would feel about adding some vertical and
horizontal articulation along the masonry wall. Mr. Clark said 10' is a big wall, and it is hard to
design. Along the existing wall, he would prefer to add some ivy or something that would grow up
the wall.
Commissioner Peebles said he would be more inclined to approve this if they could make it look like
it had a roof on it.
Ms. Barnes said the two existing walls face S.H. 114 and the wall to be constructed faces the rear
of the property. To add articulation to the existing walls and to make them look like the existing
building, they could put some type of EIFS on the exterior of it. Mr. Clark said that is already there.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
Commissioner Shankland said it would be very nice if they could make this look more like the
building and have some character to it.
Mr. Atkinson said they would not consider this an outside storage area; they would consider it a
holding area used to hold the volume of product they need to run their business on a daily basis. For
example, when bagged goods are unloaded offa truck, they would be placed into this holding area,
and the workers would pull them out as needed.
Mr. Clark said they could place an ornamental cap along the new wall with no problem at all, and
they could evaluate placing the caps along the existing wall.
Commissioner Sandlin said he would like to see them add some sort of design in order to bring the
wall up to the 11' and make it all look the same. He said it would look the same and would not cost
that much money.
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Commissioner Peebles said he would like this request to come back, and he would like to see two
pictures: the first picture would show how they would make this new area look like the existing
building, and the second picture would take the wall all the way to the front of the building. Mr.
Clark said Home Depot does not want to wall off their garden center from S.H. 114.
Ms. Barnes said when they designed the garden center, the side facing S.H. 114 was carefully
examined by staff and the resulting design addressed screening. To continue the wall further down,
would impact the presentation of the garden center.
Commissioner Sandlin said he would be happy with this same configuration plus showing the 11'
walls as discussed and if they canoe back with that, he would vote in favor of it.
Commissioner Shankland said he would like to see something like what Commissioners Sandlin and
Peebles suggested.
Commissioner LeVrier said the problem they have is the wall is existing, and they just cannot add
things to the wall.
Ms. Barnes said they can treat the existing wall in some fhshion.
Commissioner Jones said he appreciates the fact that Home Depot is trying to be good citizens by
coming in and getting it cleaned up. He is so thrilled to have them in town.
Commissioner LeVrier said he agrees with everyone regarding doing something to the existing wall,
but he said the Commission needs to be careful what message they are sending to Home Depot. If
they are successful in the addition of pilasters, articulation, etc., will that be all the Commission is
looking for, and if so, the Commission needs to share that information with them.
Commissioner Sandlin said the applicant indicated some plantings between the wall and S.H. 114,
and he would also like to see those on the plan when they return.
Commissioner Peebles said he will not vote for it unless it looks like part of the original building.
Commissioner Sandlin asked if the applicant is going to table.
Mr. Clark said that is not his preference, but it sounds like that is what he is going to request.
Commissioner Peebles said if the applicant does not move to table, he will move to table it himself
because he wants to see this come back.
Mr. Clark said his goal is to get this approved and to not irritate anyone. He asked to table this item
Planning and Zoning Commission Meeting Minutes on March 4, 1999 Page 17 of 18
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to the April 22, 1999, meeting.
Motion was made to table ZA 9%007 to the April 22, 1999, Planning and Zoning Commission
meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Shankland
Shankland, Jones, Sandlin, LeVrier, Peebles, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 03-04-99, tape 2, section #2190)
AGENDA ITEM #12. MEETING ADJOURNMENT:
Chairman Creighton adjourned the meeting at 12:03 a.m. on March 5, 1999.
(Planning and Zoning Commission meeting, 03-04-99, tape 2, section #2192)
ATTEST:
Lori A. Farwell
Community Development Secretary
Arin Creightoft
Chairman
L:\COMDEV\WP-FILES',MTG\M IN\ 1999',03 -04-99 WPD
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