1999-04-08 P&Z Meeting1
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REGULAR PLANNING AND ZONING
COMMISSION MEETING
April 8, 1999
COMMISSION PRESENT: Chairman Ann Creighton; Vice-Chairman F. C. LeVrier; and
Commissioners Rob Jones, C. D. Peebles, Mike Sandlin, and Keith Shankland.
COMMISSION ABSENT: None.
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Debra Drayovitch, City Attorney; Lisa
Sudbury, Current Planner; Stefanie Sarakaitis, Comprehensive Planner; Angela Turner, Graduate
Engineer; Courtney Queen, Community Services Coordinator; and Lori Farwell, Community
Development Secretary.
The Work Session started at 6:41 p.m. and ended at 7:00 p.m.
(Planning and Zoning Commission meeting, 04-08-99, tape 1, section #0490)
AGENDA ITEM #2. APPROVAL OF MINUTES:
Chairman Creighton opened discussion of the minutes of the Planning and Zoning Commission
meeting held on March 23, 1999, and the Joint Meeting of the City Council and the Planning and
Zoning Commission held on March 23, 1999.
Motion was made to approve the minutes of the Planning and Zoning Commission meeting held
on March 23, 1999, and the minutes of the Joint Meeting of the City Council and the Planning and
Zoning Commission held on March 23, 1999.
Motion: Jones
Second: Sandlin
Ayes: Sandlin, LeVrier, Peebles, Jones, Creighton
Nays: None
Abstain: Shankland
Approved: 5-0-1
Motion carded.
(Planning and Zoning Commission meeting, 04-08-99, tape 1, section #0514)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
There were no Administrative Comments.
AGENDA ITEM #4. ELECTION OF A VICE-CHAIRMAN:
Planning and Zoning Commission Meeting Minutes on April 8, 1999 Page 1 of 14
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Commissioner Jones nominated Commissioner Sandlin.
Commissioner Shankland nominated Commissioner Peebles.
Commissioner Sandlin nominated Commissioner LeVrier and said he declined Commissioner Jones'
nomination; he said he does not want to be Vice-Chairman.
Chairman Creighton called for a motion to close the nominations.
Motion: Sandlin
Second: Shankland
The Commission agreed to close nominations.
A vote was taken for nomination of Commissioner Peebles for Vice-Chairman.
Ayes: Shankland, Creighton
Nays: Jones, Sandlin
Abstain: LeVrier, Peebles
Vote: 2-2-2
Motion failed.
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A vote was taken for nomination of Commissioner LeVrier for Vice-Chairman.
Ayes: Jones, Sandlin, LeVrier
Nays: Shankland, Creighton
Abstain: Peebles
Approved: 3-2-1
Motion carried.
(Planning and Zoning Commission meeting, 04-08-99, tape 1, section #0606)
AGENDA ITEM #5. ZA 99-027. SPECIFIC USE PERMIT FOR SPECIAL EVENTS
ASSOCIATED WITH A KITE FESTIVAL:
Comprehensive Planner Stefanie Sarakaitis informed the Commission this case is for a Specific Use
Permit for Special Events associated with a Kite Festival on property legally described as Southlake
Town Square, Phase I, an addition to the City of Southlake, Tan'ant County, Texas, according to the
plat recorded in Cabinet A, Slides 4892 and 4893, Plat Records, Tarrant County, Texas, and being
approximately 42.013 acres. 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
Planning and Zoning Commission Meeting Minutes on April 8, 1999 Page 2 of 14
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uses. The Land Use Category is Mixed Use. The Owners of the property are Southlake Venture
West, L.P., Southlake Venture East, L.P., and Southlake Central Venture. The Applicant is the City
of Southlake. Eleven (11) written notices were sent to property owners within the 200' notification
area, and one (1) response was received which was in favor.
Lou Ann Heath, 135.! Lakeview, $outhlake, Texas, 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.
Vice-Chairman LeVrier challenged each of the Commissioners to pay $10.00 and enter a kite in the
competition.
Motion was made to approve ZA99-027.
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Sandlin
Shankland, Jones, Sandlin, LeVrier, Peebles, Creighton
None
6-0
Motion carried.
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(Planning and Zoning Commission meeting, 04-08-99, tape 1, section #0790)
AGENDA ITEM #6. ZA 99-013. SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC
BEVERAGES FOR ON-PREMISE CONSUMPTION PER ZONING ORDINANCE NO. 480.
SECTION 45.1 (1) FOR CORNER BAKERY:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
Specific Use Permit for the sale of alcoholic beverages for on-premise consumption per Zoning
Ordinance No. 480, Section 45.1 (1) for Comer Bakery 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 property is
located at 100 State Street and is generally 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 Owners of the property are Southlake Venture West L.P. and
Southlake Central Venture. The Applicant is Comer Bakery. Eleven (11) written notices were sent
to property owners within the 200' notification area, and three (3) responses were received which
were in favor.
Dennis Robinson (Brinker International) presented this item to the Commission. He said beer and
Planning and Zoning Commission Meeting Minutes on April 8, 1999 Page 3 of 14
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wine sales comprise less than 3/10ths of one percent of their gross sales. He said their opening at
Town Square was one of their top three openings in the nation.
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 99-013 requiring a three (3) year time limit and requiring the
applicant to apply for renewal after that period.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
Sandlin
Jones, Sandlin, LeVrier, Peebles, Shankland, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 04-08-99, tape 1, section #1106)
AGENDA ITEM #7. ZA 99-014. SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC
BEVERAGES FOR ON-PREMISE CONSUMPTION PER ZONING ORDINANCE NO. 480.
SECTION 45.1 (1) FOR MI COCINA:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
Specific Use Permit for the sale of alcoholic beverages for on-premise consumption per Zoning
Ordinance No. 480, Section 45.1 (1) for Mi Cocina 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 property is
located at 1276 Main Street and generally being 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 Owners of the property are Southlake Venture West L.P. and
Southlake Central Venture. The Applicant is Mico S.L., Ltd. Eleven (11) written notices were sent
to property owners within the 200' notification area, and four (4) responses were received in which
three (3) were in favor and one (1) had no comment because they no longer owned the property to
which the notice was delivered.
Chairman Creighton said several Commissioners have requested an Executive Session 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 7:41 p.m. and ended at 7:55 p.m.
The meeting was called back to order by Chairman Creighton at 7:55 p.m.
Planning and Zoning Commission Meeting Minutes on April 8, 1999
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Arnold Nitishinpresented this item to the Commission. He said they do not have drink specials,
pitchers of beer, mixed drinks, or happy hours. He said they offer margaritas, beer, and wine mostly
because it complements the food.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
Commissioner Peebles said he would like to see time limits placed on these Specific Use Permits
(SUPs) because, by their very nature, the SUPs are permitting a use that is not contemplated by the
zoning. He said sometimes conditions surrounding the property may change that may make it
inappropriate for the sale of alcohol, and he would like to have the opportunity to revisit the issue.
Commissioner Jones said it is the Commission's intention to be consistent in their treatment of this
type of an issue.
Commissioner Shankland said Commissioner Peebles speaks for most of the Commission.
Motion was made to approve ZA 99-014 requiring a three (3) year time limit and requiring the
applicant to apply for renewal after that period.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
LeVrier
Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 04-08-99, tape 1, section #1356)
AGENDA ITEM #8. ZA 99-016. SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC
BEVERAGES FOR ON-PREMISE CONSUMPTION PER ZON1NG ORDINANCE NO. 480.
SECTION 45.1 (1) FOR ROCKFISH SEAFOOD GRILL:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
Specific Use Permit for the sale of alcoholic beverages for on-premise consumption per Zoning
Ordinance No. 480, Section 45.1 (1) for Rockfish Seafood Grill 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 property is located at 228 State Street and is generally 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 Owners of the property are Southlake Venture
Planning and Zoning Commission Meeting Minutes on April 8, 1999 Page 5 of 14
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West L.P. and Southlake Central Venture. The Applicant is See-Worthy Restaurants, Inc., d/b/a
Rockfish Seafood Grill. Eleven (11) written notices were sent to property owners within the 200'
notification area, and three (3) responses were received which were in favor.
Randy De Witt (President - See- Worthy Restaurants) presented this item to the Commission. He said
bar sales comprise about 15% of their total sales. He said the Commission is smart for letting the
restaurants come into Southlake and sell alcohol but at the same time keeping control.
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 99-016 requiring a three (3) year time limit and requiring the
applicant to apply for renewal after that period.
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Sandlin
LeVrier, Peebles, Shankland, Jones, Sandlin, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 04-08-99, tape 1, section #1510)
AGENDA ITEM #9. ZA 99-011. SITE PLAN FOR $1.25 DRY CLEAN SUPER CENTER:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Site
Plan for $1.25 Dry Clean Super Center on approved Lot 5R1, Thomas Easter No. 474 Addition on
property legally described as a portion of Lot 5, Thomas Easter No. 474 Addition, an addition to the
City of Southlake, Tan'ant County, Texas, according to the plat recorded in Cabinet A, Slide 4123,
Plat Records, Tarrant County, Texas, and being approximately 0.7114 acres. The property is located
on the south side of East Southlake Boulevard (F.M. 1709) being approximately 250' east of
Crooked Lane. The Current Zoning is "S-P-2" Generalized Site Plan District with "C-2" Local
Retail Commercial District uses and limited "I-1" Light Industrial District uses. The Land Use
Category is Retail Commercial. The Owner and Applicant is Kwik Industries, Inc. Seven (7)
written notices were sent to property owners within the 200' notification area, and no responses were
received.
Eric Smith, 4725 Nall Road, Dallas, Texas, presented this case to the Commission.
Commissioner Peebles said the applicant who presented the Concept Plan case agreed to landscape
the east side yard and to not take any money from the escrowed amount intended for landscaping
along F.M. 1709 and asked if Mr. Smith would also agree to do that. Mr. Smith said he did not
Planning and Zoning Commission Meeting Minutes on April 8, 1999 Page 6 of 14
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know anything about that but will agree to it if that is what the Commission wants.
Commissioner Peebles clarified that Mr. Smith agrees to use the escrowed funds for landscaping
solely along F.M. 1709 and will use additional funds to landscape the east side yard, and Mr. Smith
said yes.
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 99-011 subject to Site Plan Review Summary No. 3, dated April
1, 1999, accepting the applicant's agreement to landscape the east side yard without the using the
escrowed funds for use along F.M. 1709.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
Shankland
Peebles, Shankland, Jones, Sandlin, LeVrier, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 04-08-99, tape 1, section #1690)
AGENDA ITEM # 10. ZA 99-017. PRELIMINARY PLAT FOR VERSAILLES. PHASE III:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
Preliminary Plat for Versailles, Phase III, on property legally described as being Lots 1 and 2, Block
1, E. A. Smith Subdivision, an addition to the City of Southlake, Tarrant County, Texas, according
to the plat recorded in Volume 388-154, Page 91, Plat Records, Tarrant County, Texas, and being
approximately 27.36 acres. The property is located on the east side of South Carroll Avenue
approximately 600' south of Westmont Drive. The Owner and Applicant is Dickerson Development,
Inc. The Current Zoning is "SF-20B" Single Family Residential District. The Land Use Category
is Medium Density Residential. Forty-two (42) written notices were sent to property owners within
the 200' notification area, and nine (9) responses were received with two (2) being in favor, three (3)
being undecided, and four (4) being opposed.
John Dickerson, 8333 Douglas, Suite 1300, Dallas, Texas, presented this case to the Commission.
He said they intend to put a sport court and twelve (12) parking spaces on the common area lot. He
said they were limited in the design of this plat regarding the placement of two (2) streets - Merlot
Drive (in Napa Valley) and Bastogne Way (which they have renamed to Merlot Drive). He said they
would love to try to save the large Post Oak which sits in the middle of Meflot Drive, but it has been
his experience that excavation and roadway construction around Post Oaks damages the roots and
sometimes the trees die. He said he would prefer Merlot Drive to be one lot north, but the placement
Planning and Zoning Commission Meeting Minutes on April 8, 1999
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of that street was predetermined by the Napa Valley developers.
Chaim~an Creighton asked if he considered placing islands mound the groupings of trees which are
shown to be removed. Mr. Dickerson said he did consider islands, but sometimes the effort of
placing islands around trees is futile with a Post Oak. He said Post Oaks are native to this area but
many times die after two (2) to three (3) years.
Commissioner Sandlin said he would have to agree with Mr. Dickerson regarding Post Oaks. In
order to stay out of the drip line of the trees on Merlot Drive, the Commission is going to have to
be willing to give him a variance on lots less than 20,000 s.f. because the road will have to be moved
north and will encroach into two (2) or three (3) lots.
Commissioner Peebles asked if they could move the common area from its current location to Lots
17 and 18 in order to save those trees. Mr. Dickerson said the common area is in its current location
to be close to their existing pool. His hope is that people can park at the sport court and walk down
to the pool.
Mr. Dickerson suggested planting some additional trees on Lot 18 in order to help buffer this
development.
Chairman Creighton asked what he thought about obtaining a value of the trees being removed and
using that value towards replacement trees. Mr. Dickerson said he does not know how they would
value a 50 year old tree.
Commissioner Jones said we have a Tree Preservation Ordinance which takes into account the
mitigation of trees; he does not think we can start rewriting the ordinance right now.
Commissioner Sandlin asked if the applicant can get a variance on lot sizes. City Attorney Debra
Drayovitch said it would have to go to the Zoning Board of Adjustment (ZBA). Commissioner
Sandlin suggested moving Merlot Drive north a little, increasing the size of Lots 17 and 18 on the
south side to around 22,000 s.f. and decreasing Lots 17, 18, and 28 on the north side to around
18,000 s.f. in order to save some of those trees. Ms. Drayovitch said the Commission could
recommend that, but it would require approval from ZBA. Commissioner Sandlin said, on the other
hand, you can look at a Post Oak wrong and it will die; he hates to make them go through this
exercise and have the trees still die.
Commissioner Shankland said he is sure someone could place a value on the trees and asked Mr.
Dickerson if he would be willing to use that value towards planting new trees. Mr. Dickerson said
he would be willing to plant oak trees along the front of the development but would like to stick
within the zoning and platting ordinances. He said they are planning a sport court because it is the
right thing to do, not because the City Council told them to.
Planning and Zoning Commission Meeting Minutes on April 8, 1999
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Vice-Chairman LeVrier asked if he would be willing to look at this again and restudy it in order to
save as many trees as possible. Mr. Dickerson said Washington and Associates looked at four (4)
to five (5) different studies regarding the street placement, and this is the best one they came up with.
Chairman Creighton opened the Public Hearing.
Terry Kiesler, 507 Morningside Drive, Southlake, Texas, said he was asked by several Napa Valley
homeowners to come to this meeting tonight. He said they are all very concerned about the 40" Post
Oak shown in the middle of Merlot Drive. He said that tree is one the reasons he picked his
particular lot because he looks out his window at that tree every morning. He had several large Oak
trees trucked in and planted on his property. He spoke to a Dallas company who can move a tree that
size for around $50,000 - $60,000. He and his neighbors suggested placing the road around the trees
similar to Cambridge Place. He asked them to look at other alternatives in order to save the trees.
He said he could probably get a petition with 20 - 30 signatures of people who are equally concerned
about the trees on this property.
Commissioner Peebles said it really does not look like Merlot Drive will be used much. Mr. Kiesler
said it will mostly be used by the residents of this new development.
Mary Proudman, 1205 Forest Hills Drive, Southlake, Texas, said she is undecided on this
development. She is worried about the grading and drainage of this property. She questioned how
high the houses can be. She said she is happy about the lot sizes.
Staff Engineer Angela Tumer said none of this property drains towards Mrs. Proudman's property;
it all drains to the south.
Commissioner Sandlin told staffhe would really like to see drainage plans for projects.
Commissioner Peebles asked staff how they would feel about a road coming out on Carroll Avenue
and closing off Merlot Drive. Current Planner Lisa Sudbury said there were some discussions at
Development Review Committee regarding access through this property. She said although there
are some street intersections along Carroll Avenue, they are all a good distance away.
Chaim~an Creighton asked for a straw poll of the Commissioners regarding their feelings about this
development.
Commissioner Shankland said he has concerns about trees and roads, and he would like to see them
revisited. He would like to see if they could come up with some alternative way of running the roads
through this development. He would like to hear more about the drainage.
Commissioner Jones told Mr. Dickerson that saving the 40" Oak tree will be in his best interest
Planning and Zoning Commission Meeting Minutes on April 8, 1999 Page 9 of 14
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politically and if he could get permission to kill the street stub at Merlot Drive, he would suggest
doing that, too.
Commissioner Sandlin said he is trying to redesign it and cannot come up with anything better than
what they have.
Vice-Chairman LeVrier said he thinks it would be wise to restudy this and save as many trees as
possible. He said they may end up with two (2) cul-de-sacs instead of one (1). He said it would help
if they could at least show they tried.
Chairman Creighton left the Public Hearing open.
Jackie Fluitt (Washington & Associates) 500 Grapevine Highway, Suite 375, Hurst, Texas, said
when they designed this subdivision they tried to deal with several issues: the large tree, the existing
house, not stubbing anymore streets onto Carroll Avenue, and not creating a speedway situation on
Merlot Drive. He said they tried to deal with all of these issues, but he is open to suggestions.
Chairman Creighton asked if he is stubbing into Merlot Drive because he needs the access or to
comply with the ordinance. Mr. Fluitt said to comply with the ordinance but also because the Fire
Department likes a secondary access.
Mr. Dickerson said he would rather get a variance for the smaller lots and bend Meflot Drive around
the tree than have another street stub onto Carroll Avenue. He would rather not have another
entrance on Carroll Avenue and look at another solution if that is what the Commission wants.
Commissioner Peebles said if Mr. Dickerson is planning to bend the street around the trees then he
would like a letter from the Landscape Administrator saying that will work and not affect the large
tree.
Commissioner Sandlin left the meeting at approximately 9:06 p.m.
Mr. Dickerson asked to table this until the May 20, 1999, meeting.
Motion was made at the applicant's request to table ZA 99-017 and to continue the Public Hearing
to May 20, 1999, Planning and Zoning Commission meeting.
Motion: Jones
Second: LeVrier
Ayes: Shankland, Jones, LeVrier, Peebles, Creighton
Nays: None
Approved: 5-0
Planning and Zoning Commission Meeting Minutes on April 8, 1999 Page 10 of 14
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Motion carried.
(Planning and Zoning Commission meeting, 04-08-99, tape 1, section #3840)
Chairman Creighton called for a break at 9:11 p.m.
Chairman Creighton called the meeting back to order at 9:24 p.m.
AGENDA ITEM #11. ZA 99-018. SITE PLAN FOR DR. JOHN MICHAEL TATE'S OFFICE:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Site
Plan for Dr. John Michael Tate's office on property legally described as Lot 26R, Block E, Oak
Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according
to the plat recorded in Volume 388-183, Page 40, Plat Records, Tarrant County, Texas, and being
approximately 1.35 acres. The property is located on the south side of State Highway 114
approximately 400' northwest of the intersection of East Southlake Boulevard (F.M. 1709) and State
Highway 114. The Current Zoning is "O-1" Office District. The Land Use Category is Mixed Use.
The Owner of the property is Dr. John Michael Tate. The Applicant is WRA Architects. Five (5)
written notices were sent to property owners within the 200' notification area, and one (1) response
was received and was in favor.
Dr. John Michael Tate, 914 San Saba, Southlake, Texas, presented this case to the Commission. He
said they are right in the middle of Lincoln Properties' development and are glad to be there hut
realize they will be inconvenienced for a while to see the project through.
Commissioner Peebles said he does not have a problem with anything but the five (5) north parking
spaces. Dr. Tate said it would be terribly inconvenient to not have those spaces up front.
Chairman Creighton asked Dr. Tate if he has the ability to use any of the Gateway Plaza parking
when that project is completed. Dr. Tate said no; he understands they are at a minimum on their
needs, too. He said he talked to them about that.
Current Planner Lisa Sudbury said Kohl's Department Store was insistent upon having a specific
number of parking spaces, and they would not grant a reciprocal parking agreement with Dr. Tate.
Commissioner Shankland asked if he could add some landscaping to help shield those five (5)
parking spaces from S.H. 114. Dr. Tate said he would like to try; he could put a row of trees or
something. He said there is a little triangle piece of property north of the parking spaces which is
still owned by the State Highway Department and will most likely be left as green space and will
not be built upon; this will also help shield the parking spaces.
Chairman Creighton asked what the total square feet of bufferyard that is being proposed to be
eliminated. Ms. Sudbury said it is approximately 525 s.f.
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Michael Skaistis (kVRA Architects), 7557 Rambler Road, Dallas, Texas, said they realize they are
encroaching into the bufferyard and will provide a hedge of Photinia or something to help obstruct
the view of the parking spaces. Dr. Tate must have those spaces up front to provide good customer
service and to protect his staff. He said it is approximately a 200' walk from the back parking lot to
the building. He said all of these changes are Gateway Plaza driven; Dr. Tate would rather say he
is happy with the way things are and for them not build the road.
Commissioner Peebles said he would rather see green grass than white concrete. He said he is okay
with Dr. Tate using those five (5) spaces as temporary parking for his employees until the west
parking lot is complete but wants the grass back whenever it is complete.
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, 04-08-99, tape 1, section//5647)
Chairman Creighton asked for a straw poll of the Commissioners regarding their feelings about the
parking spaces and the loss of the bufferyard.
Vice-Chairman LeVrier asked if the location of Gateway Drive is a done deal or not. Ms. Sudbury
said the Concept Plan and Preliminary Plat were approved excluding what is before the Commission
tonight. She said Dr. Tate's property was included in the Preliminary Plat.
Vice-Chairman LeVrier asked if the location of Gateway Drive may change. Ms. Sudbury said she
thinks the location is being driven by the overpass coming over S.H. 114.
Chairman Creighton said she is not anxious to see Dr. Tate lose any more trees, but it does not seem
like to her that he would lose many by moving the five (5) parking spaces to the back. Dr. Tate said
he thinks they would lose some fairly large trees and said there is some significant grade back there,
too.
Chairman Creighton asked if there is some way to get to the back parking lot from the deck area.
Dr. Tate said there would need to be a bridge or something and said it is rough property.
Commissioner Shankland said if Dr. Tate was not a current resident at this location, he would feel
differently. He would rather not have the five (5) parking spaces in the front, but he can forgive that
in this situation if Dr. Tate would landscape along S. H. 114 as much as possible. He said Dr. Tate
is in a bind, and he would like to help him as much as possible.
Commissioner Jones said because of the location of Dr. Tate's additional acre, he got roped into
giving away his best expansion parking lot. He is familiar with this site and he thinks Dr. Tate can
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tuck away those five (5) parking spaces along with some landscaping, and they will not be seen. He
said he would rather see that than try to make him add the spaces to the back parking lot where there
is just not the topography to do that back there.
Vice-Chairman LeVrier asked if they could move the five (5) spaces approximately 5' further back
in order to gain 5' in the bufferyard. He asked how much height the retaining wall would gain if they
moved the parking spaces back some. Dr. Tate said one of the reasons they were keeping that area
as it is shown is that their septic aerobic plant is back there.
Vice-Chairman LeVrier said he thinks they are going to have a hard time getting through City
Council as is. He said if they could study moving the five (5) spaces down some, it would be in their
best interest to do it now before they get to City Council.
Dr. Tate said this is not an easy site, and he appreciates the Commission working with him. Dr. Tate
and Mr. Skaistis said they would be happy to look at these issues one more time.
Commissioner Peebles asked if there is a way to have two (2) spaces next to the dumpster and two
(2) spaces next to the building and stay out of the bufferyard. He also suggested possibly creating
parallel parking spaces instead.
Dr. Tate asked to be tabled until the May 6, 1999, meeting.
Chairman Creighton said Dr. Tate may want to encourage Terry Wilkinson to come to the next
meeting so the Commission can discuss alternatives with him, too.
Motion was made at the applicant's request to table ZA 99-018 to the May 6, 1999, Planning and
Zoning Commission meeting.
Motion: Jones
Second: Shankland
Ayes: Jones, LeVrier, Peebles, Shankland, Creighton
Nays: None
Approved: 5-0
Motion carried.
(Planning and Zoning Commission meeting, 04-08-99, tape 2, section #0010)
AGENDA ITEM # 12. MEETING ADJOURNMENT:
Chairman Creighton adjourned the meeting at 10:33 p.m. on April 8, 1999.
(Planning and Zoning Commission meeting, 04-08-99, tape 2, section #0012)
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ATTEST:
Lori A. Farwell
Community Development Secretary
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