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1999-04-22 P&Z MeetingREGULAR PLANNING AND ZONING COMMISSION MEETING April 22, 1999 COMMISSION PRESENT: Chairman Ann Creighton; Vice-Chairman F. C. LeVrier; and Commissioners C. D. Peebles, and Mike Sandlin. COMMISSION ABSENT: Rob Jones and Keith Shankland. CITY STAFF PRESENT: Debra Drayovitch, City Attorney; Dennis Killough, Senior Current Planner; Lisa Sudbury, Current Planner; Charlie Thomas, Deputy Director of Public Works; Keith Martin, Landscape Administrator; and Tara Brooks, Planning Assistant. The Work Session started at 6:43 p.m. and ended at 6:47 p.m. (Planning and Zoning Commission meeting, 04-22-99, tape 1, section #0082) AGENDA ITEM #2, APPROVAL OF MINUTES: Chairman Creighton opened discussion of the minutes of the Planning and Zoning Commission meeting held on April 8, 1999. Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on April 8, 1999. Motion: Sandlin Second: LeVrier Ayes: Sandlin, LeVrier, Peebles, Creighton Nays: None Approved: 4-0 Motion carried. (Planning and Zoning Commission meeting, 04-22-99, tape 1, section #0097) AGENDA ITEM #3, ADMINISTRATIVE COMMENTS: Senior Planner Dennis Killough informed the Commission of a North Central Texas Council of Govenunents' class offered to them on May 14. He asked them to contact Lori Farwell, Planning Secretary, at ext. 744 if they would like to attend. AGENDA ITEM #5, SPECIFIC USE PERMIT FOR OUTSIDE STORAGE OF PLANTS OR OTHER GREENERY AS PART OF A RETAIL OPERATION FOR HOME DEPOT: Motion was made at the applicant's request to table ZA 99-007 to the May 6, 1999, Planning and Zoning Commission meeting. Planning and Zoning Commission Meeting Minutes on April 22, 1999 Page 1 of 12 Motion: Second: Ayes: Nays: Approved: LeVrier Peebles Peebles, Sandlin, LeVrier, Creighton None 4-0 Motion carried. (Planning and Zoning Commission meeting, 04-22-99, tape 1, section #0135) Chairman Creighton said Agenda Item #4 is on the Consent Agenda, and there will be no separate discussion of the item unless a Commission member or a citizen so requests. AGENDA ITEM #4, ZA 99-028, FiNAL PLAT FOR LOTS 1 - 3, BLOCK 1, EXPLORER ADDITION: Motion was made to approve ZA 99-028 subject to Plat Review Summary No. 2, dated April 16, 1999. Motion: Sandlin Second: LeVrier Ayes: LeVrier, Peebles, Sandlin, Creighton Nays: None Approved: 4-0 Motion carried. (Planning and Zoning Commission meeting, 04-22-99, tape 1, section #0183) AGENDA ITEM #6, ZA 99-015, REVISED CONCEPT PLAN AND PHASE I SITE PLAN FOR N.E.T. CHURCH: Current Planner Lisa Sudbury informed the Commission this request is for a Revised Concept Plan and Phase I Site Plan N.E.T. Church on Lot 3, Block 1, of the approved Preliminary Plat for The Remington Addition and being on property legally described as Tract 5Al situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 7.0135 acres. The property is on the south side of West Southlake Boulevard (F.M. 1709) across from Jellico Estates. The Current Zoning is "CS" Community Service District. The Land Use Category is Public/Semi-Public. The Owner of the property is N.E.T. Church. The Applicant is James E. Langford, Architects and Planners. Five (5) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was in favor. Jim Langford (Architects & Planners) 3838 Oak Lawn Avenue, Suite 920, Dallas, Texas, presented this item to the Commission. Mr. Langford asked for variances on Items #1 (4:1 slope) and #2 (articulation). Planning and Zoning Commission Meeting Minutes on April 22, 1999 Page 2 of 12 dackie Fluitt (Washington & Associates) 500 Grapevine Highway, Hurst, Texas, said the 5' utility easement (Item #6) is for Tri-County utilities. He said they are wanting to do it this way in order to try to save the trees in those areas. Commissioner Sandlin asked if they could put the utility easement within the drainage easement. Mr. Fluitt said they could but it will not be right up against the property line. Johnny Bernstein (Pastor of N. E. T Church), 5609 Cancun Drive, North Richland Hills, Texas, said they want to present two things to the community: one, being a very open look and two, being the concept of the two buildings (the higher one representing the spiritual side, and the lower one representing the bringing of man and God together). Chairman Creighton asked if he foresees any broadcasting for this church. Pastor Bemstein said they would like to at some point, but there will not be any broadcasting at this point. Chairman Creighton asked if broadcasting is allowed in the "CS" zoning district. Mr. Killough said telecommunication towers would not be permitted in this district, but if they are simply filming the service, that may not cause a problem. Chairman Creighton opened the Public Hearing. Wayne Haney (SPiN #15 Representative) 400 Brock, Southlake, Texas, said they had a SPIN meeting which generated no opposition as far as he knows. He has had a total of three (3) meetings regarding this church. He said the church is doing the best they can do regarding the placement of the drainage easement and the saving of many large old trees and many smaller trees. Jack Weisman, 2607 W. Southlake Boulevard Southlake, Texas, said he does not object to the Concept Plan and Site Plan, but his only concerns are the lighting, the trees, and the drainage. His hope is the parking lot lights will be somewhat controlled and will not overflow onto the adjacent properties. He thinks the tree issue has been addressed. He is concemed about water rushing across the pavement and onto his property, but he believes it has been addressed. He thinks they have a good plan. He said he has no agreement in writing with the church, but he does have a "Gentleman's Agreement" in which the church indicated they will maintain everything discussed with Mr. Weisman regarding lighting, trees, drainage, and bufferyards. Commissioner Peebles asked if there will be lights on the turnaround which is adjacent to Mr. Weisman's home. Mr. Weisman said the church said there will be lights on the turnaround, but they will not be intrusive. Chairman Creighton closed the Public Hearing. (Planning and Zoning Commission meeting, 04-22-99, tape 1, section #1270) Planning and Zoning Commission Meeting Minutes on April 22, 1999 Page 3 of 12 Mr. Langford said they did discuss the lighting with Mr. Weisman and showed the Commission exactly where the lights are located. He said they do not have separate lighting in the turnaround area; they intend for the lighting located under the overhang to also be used for the turnaround area. Commissioner Sandlin asked if there is security lighting. Mr. Langford said it is all handled under the overhang in the front; they think that lighting will be adequate. Commissioner Sandlin questioned if they intend to attach lights to the building for security. As the architect, Mr. Langford agreed not to do that and said the church would be happy to help out anyway they can. Pastor Bernstein said their goal is not to attach any lighting to the building. He said he understands Mr. Weisman's previous problems. He said they want to be a good neighbor, and they will do whatever it takes to remedy any problems. Chairman Creighton asked if the church had a broadcast antenna if it would qualify as a non- commercial transmitting antenna. Pastor Bemstein said they would never do live broadcasting, but if they did broadcasting, they would be using segments and not live broadcasting. He said it would be in agreement with the City cable. Chairman Creighton asked if they would be transmitting it into homes. Pastor Bemstein said they would probably buy time on a cable station and show portions of the service. Commissioner Sandlin asked if the "20' drainage easement" could be labeled as a "20' drainage and utility easement." Mr. Killough said probably, but if it does not need to be a utility easement, then staff does not want it to be a utility easement. Mr. Killough said if they can serve franchise utility easements somewhere else which has less impact than this drainage channel, then they would rather have no utility easement there at all. Motion was made to approve ZA 99-015 subject to Site Plan Review Summary No. 3, dated April 16, 1999, deleting Items #1 (4:1 slope) and #2 (articulation); eliminating the easement requirement noted in Item #6; and accepting the applicant's commitment that no spillover lighting occur on Mr. Weisman's property and that there will be no lights on the turnaround. Motion: Peebles Second: Sandlin Chairman Creighton asked for the minutes to reflect the applicant's agreement that they would not be doing live broadcasting of their services from this facility. Ayes: Nays: Sandlin, LeVrier, Peebles, Creighton None Planning and Zoning Commission Meeting Minutes on April 22, 1999 Page 4 of 12 Approved: 4-0 Motion carried. (Planning and Zoning Commission meeting, 04-22-99, tape 1, section # 1638) AGENDA ITEM #7, ZA 99-021, REZON1NG: Current Planner Lisa Sudbury informed the Commission that this request is for a Rezoning on property legally described as being Tract 17 situated in the R. D. Price Survey, Abstract No. 992, and being approximately 5.386 acres. The property is located on the west side of North White Chapel Boulevard approximately 450' south of Bob Jones 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 Jimmy and Dana Boyles. The Applicant is Peebles & Associates. Five (5) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was undecided. One (1) response was received outside the 200' notification area which was undecided. Jim Boyle& 1718 Timbers, Irving, Texas, presented this item to the Commission. Commissioner Peebles asked Mr. Boyles about Mr. Dollar's response regarding fencing. Mr. Boyles said there is a fence there currently, and he has no plan to change the fencing at this time. Mr. Boyles said there is a development planned south of this property, and he has already discussed with those developers the possibility of extending the front entrance across his property. At this point, he said he is not planning to change anything. Chairman Creighton opened the Public Hearing. Boyd Dollar, 525 Brooks Court, Southlake, Texas, said he and his neighbors are delighted to have this type of zoning in this area. He said they do have a concem regarding fencing. He said they love pipe fencing as long as it is consistent with the horse areas out there right now. He said the neighbors do not want to see 5.3 acres with a brick wall ail the way around it. Chairman Creighton closed the Public Hearing. Motion was made to approve ZA 99-021. Motion: Peebles Second: Sandlin Vice-Chairman LeVrier added to the motion that approval will be contingent upon ZBA approving the variance for the minimum lot width of 300'. Ayes: LeVrier, Peebles, Sandlin, Creighton Planning and Zoning Commission Meeting Minutes on April 22, 1999 Page $ of 12 Nays: None Approved: 4-0 Motion carried. (Planning and Zoning Commission meeting, 04-22-99, tape 1, section #2082) Chairman Creighton called for a break at 8:08 p.m. Chairman Creighton called the meeting back to order at 8:22 p.m. In the interest of time, Chairman Creighton moved Item #9 in front of Item #8. AGENDA ITEM #9, ZA 99-031, REZON1NG: Current Planner Lisa Sudbury informed the Commission that this request is for a Rezoning on property legally described as a portion of Tract 3 situated in the W.W. Hall Survey, Abstract No. 687, and being approximately 2.00 acres. The property is located on the south side of Emerald Boulevard approximately 200' east of Pearl Drive. The Current Zoning is "AG" Agricultural District. The Requested Zoning is "SF-1A" Single Family Residential District. The Land Use Category is Low Density Residential. The Owner and Applicant is Bob Stevenson. Thirteen (13) written notices were sent to property owners within the 200' notification area, and three (3) responses were received which were in favor. Commissioner Peebles asked if this property can be made a part of the deed restrictions of Diamond Circle Estates; he understands there is some history behind this and asked staff to explain. Mr. Killough said staff has researched the Preliminary Plat and Zoning history of Diamond Circle Estates, and this property was omitted from the development. He said it was never included. Bob Stevenson presented this case to the Commission. When he bought this property from his father, he made a promise to him he would deed restrict this portion as residential, and he has no intention of not following through with that promise. He said he promised to make these two lots part of Dian~ond Circle Estates and to follow their deed restrictions. Mr. Killough said there is a Preliminary Plat currently in process which subdivides this land into two residential lots along Emerald Boulevard and a remaining piece along F.M. 1709 which is currently "AG" zoning. He said he does not think the applicant has plans for the front portion yet. He said the applicant will be requesting a variance on the plat from the City Council to allow him time to decide what he is going to do with the front property. Commissioner Peebles asked if Mr. Stevenson has spoken to someone rurming Diamond Cimle Estates. Mr. Stevenson said no because he did not know there was someone running Diamond Circle Estates. Mr. Stevenson said one of the comments on the plat was for this property to be titled, Diamond Circle, Phase II. He interpreted that comment to mean this property would be annexed into Diamond Circle Estates. Planning and Zoning Commission Meeting Minutes on April 22, 1999 Page 6 of 12 City Attorney Debra Drayovitch said that will not happen unless Phase I wants it to. Commissioner Peebles said Phase I has to want Phase II; it is usually not a problem because they will probably want that. Commissioner Sandlin said Mr. Stevenson needs to get a copy of Diamond Circle Estates deed restrictions and file them with his property. He said their Homeowner's Association is voluntary so the people in the subdivision do not technically have to belong to it; you are considered to be a member when you pay your dues. He said it would be mai easy for Mr. Stevenson to get a copy of their deed restrictions, change it to Diamond Circle Estates, Phase II, and then file those with his property. Bill Crabtree (ReMax) 905 East Worth, Grapevine, Texas, said it was his understanding they were going to be consistent with the regulations of Diamond Circle Estates. He said the two parties interested in the two lots understand them will be a replat and rezoning and expect to have the same restrictions and zoning requirements as Diamond Circle Estates. Commissioner Sandlin said he needs to file those deed restrictions for his own protection; it would be imposing those restrictions on anyone else who buys the property. Chairman Creighton said her concem with the piecemeal manner this is coming forward is that Mr. Stevenson does not know what he is going to do with the remaining three acres which backs up to residential properties. Chairman Creighton asked Mr. Stevenson if he has plans for the three acm tract. Mr. Stevenson said no, but the master plan shows Office Commercial. He said it would have to go through the same notification process as these two tracts. Chairman Creighton said she has not seen a plat come through before which did not have zoning in place. Mr. Stevenson said he met with City staff, and they are the ones who guided him through the steps. Chairman Creighton said a SPIN meeting with the Diamond Cimle Estates residents might be in order. Chairman Creighton opened the Public Hearing. Bob Dowdy, 1018 Diamond Circle, Southlake, Texas, said he has an option to buy one of Mr. Stevenson's lots and is going to build a home them. He said understands the property behind him will go commercial of some type. He said the owners of the other lot intend to build a 5,500 s.f. home on it, and he is going to build about the same. He said the Homeowners Association is aware Planning and Zoning Commission Meeting Minutes on April 22, 1999 Page 7 of 12 of this, and he has told them he will buy into it. Diane Johnson, 823 Pearl Drive, $outhlake, Texas, said her property is affected by the two residential lots and the commercial lot as well. She said her reason for being at the meeting is to make sure the two residential lots will be consistent to the lots in Diamond Circle Estates, and it sounds like they will. When she bought her lot four years ago, it was her understanding there was a restriction on the two acres, and it would become a part of the neighborhood when Mr. Stevenson wanted to do so and the three acres on F.M. 1709 would be developed in a commercial fashion. She said they understood this when they bought their lot. Chairman Creighton asked if the Homeowner's Association has a concem with the property on F.M. 1709 being commercial. Mrs. Johnson said they will be back when that development is proposed because they are very concerned about what it will be, but she does not know that they could prevent it from being commercial. She said they would like to have a say about what type of commercial goes in there. Greg Rugala, 3107 Vasser, Irving, Texas, said he is in the process of purchasing the other one acre tract and has every intention of joining the Homeowner's Association and abiding by the deed restrictions. Regarding the commercial property behind him, he has talked to the Homeowner's Association, and they said they will make sure everything lines up with the other buildings on F.M.1709 and he does not have any problem with it. Mr. Stevenson said they do not have a use for the 2.9 acres yet, and it is hard to request zoning without a use. Chairman Creighton said her concerns were allayed when it was apparent the adjacent property owners and prospective purchasers of the property were aware of the possibilities. Chairman Creighton closed the Public Hearing. (Planning and Zoning Commission meeting, 04-22-99, tape 1, section #2954) Motion was made to approve ZA 99-031 acknowledging Mr. Stevenson's intention to file deed restrictions identical to those for Diamond Circle Estates, Phase I, and encouraging him to get those deed restrictions filed before this case goes to City Council. Motion: Peebles Second: Sandlin Ayes: Peebles, Sandlin, LeVrier, Creighton Nays: None Approved: 4-0 Motion carried. Planning and Zoning Commission Meeting Minutes on April 22, 1999 Page 8 of 12 (Planning and Zoning Commission meeting, 04-22-99, tape 1, section #3208) AGENDA ITEM #8, ZA 99-029, SPECIFIC USE PERMIT FOR OUTSIDE STORAGE OF PLANTS OR OTHER GREENERY AS PART OF A RETAIL OPERATION FOR WAL-MART: Current Planner Lisa Sudbury informed the Commission that this request is for a Specific Use Permit for outside storage of plants or other greenery as part ora retail operation per Zoning Ordinance No. 480, Section 45.1 (29) on property legally described as Lot 2, Block 1, Farrar Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1975, Plat Records, Tarrant County, Texas, and being approximately 23.003 acres. The property is located south of State Highway 114, north of East Southlake Boulevard (F.M. 1709), and west of North Kimball Avenue. The Current Zoning is "C-3" General Commemial District. The Land Use Category is Retail Commercial. The Owner and Applicant is Wal-Mart Stores, Inc. Twelve (12) written notices were sent to property owners within the 200' notification area, and no responses were received. Aaron Carter (Store Manager for Wal-Mart) 200 ~ Kimball Avenue, Southlake, Texas, presented this item to the Commission. He said he presented a plan to the City and was told exactly how many square feet they could have; he then gave that figure to the fence company which built their fenced- in area exactly 6' too long. He said he called and talked to Code Enforcement who recommended he come forward for approval. Vice-Chairman LeVrier asked if there is an ordinance which restricts this from being in front of the building. Mr. Killough said no, but it is up to the Commission's discretion regarding screening and location. Chairman Creighton said if the fence company made a mistake by making it too long, they should fix that for free. Mr. Carter said they would, but they have already made plans for merchandise which is being shipped to them and if they tried to make room for that merchandise in their garden center, it would cause some problems. Commissioner Sandlin asked if there is anyway to move this area to the back. Mr. Carter said they cannot because of the fire lanes and the automotive center. Vice-Chairman LeVrier asked where they are on their parking ratio. Mr. Carter said they have 112 more parking spaces than what is required. Chairman Creighton asked how many parking spaces are lost by the addition of the fenced-in area. Mr. Carter said approximately 42 spaces will be lost. Commissioner Sandlin suggested moving it to the side of the building. Mr. Carter said they would have to use parking spaces currently being used for the automotive department and would not be servicing their customers properly. Planning and Zoning Commission Meeting Minutes on April 22, 1999 Page 9 of 12 Chairman Creighton asked why they do not build their garden center larger. Mr. Carter said he does not know why they did not build it bigger. Commissioner Peebles asked Mr. Carter to explain the 120' display area. Mr. Carter said there will be pallets which they will tilt up in order to display the plants; you will not be able to see the pallets. Commissioner Peebles asked how long he intends to have the 120' display area. Mr. Carter estimated from April 1 to July 31. Chairman Creighton said she does not like anything in the parking lot and encouraged Mr. Carter to look at his store and develop a solution which gets this material into the garden center. Mr. Carter said there is not a Wal-Mart Store like that; they normally have unfenced corral areas outside. He said they are currently working on a receiving plan. Chairman Creighton said she does not know why they could not move this area up next to the building making it an extension of their existing garden center. Mr. Carter said he does not have the ability to agree to this change, but he will ask his District Manager. Vice-Chairman LeVrier said he would feel more comfortable if both storage areas were along the east wall. Mr. Carter said they are not supposed to put anything on the sidewalk. Vice-Chairman LeVrier said they are going to have to rearrange their handicapped parking anyway, and they are already over on the required number of spaces. Commissioner Sandlin said it would give their store a nicer look. Vice-Chairman LeVrier said what they have now is a band-aid affect. He said they would have a better design if they concentrated it and redesigned it against the building, and they could probably end up with more space than what they have now. Commissioner Sandlin asked staff if what the Commission is proposing will work. Mr. Killough said yes. Mr. Carter expressed his concern about people parking in the fire lane to pick up products. Commissioner Sandlin said the Commission is saying they do not like it in the front and are simply offering suggestions. Chairman Creighton said they could reconfigure the garden area and make the pick-up area on the side. Commissioner Peebles said this should be tabled to give Mr. Carter time to talk to the District Manager. Planning and Zoning Commission Meeting Minutes on April 22, 1999 Page 10 of 12 Commissioner Sandlin said the Commission can table this case, but they want Mr. Carter to understand there is some urgency. He said Code Enfomement could start writing citations in a month, and there is nothing the Commission can do about it. Mr. Carter said he understands. Commissioner Sandlin said he thinks tabling for 30 days is reasonable. He said he would like Mr. Carter to bring a picture o£what the area and screening will look like. Commissioner Peebles said he would like the fencing to blend in with the building as much as possible. Mr. Killough said if he is going to submit a plan proposing a wrought iron fence, the plans would need to be received by May 26 for the June 3 meeting or May 12 for the May 20 meeting. City Attomey Debra Drayovitch said they could table it until May 20 and then table it again for June 3 if Mr. Carter is not ready. Mr. Carter agreed and asked to be tabled to the May 20 meeting. Chairman Creighton opened the Public Heating. No one in the audience stepped forward to speak. Chairman Creighton left the Public Hearing open. Motion was made at the applicant's request to table ZA 99-029 and to continue the Public Hearing to the May 20, 1999, Planning and Zoning Commission meeting. Motion: LeVrier Second: Peebles Ayes: Sandlin, LeVrier, Peebles, Creighton Nays: None Approved: 4-0 Motion carried. (Planning and Zoning Commission meeting, 04-22-99, tape 1, section #5193) AGENDA ITEM # 10, MEETING ADJOURNMENT: Chairman Creighton adjourned the meeting at 9:36 p.m. on April 22, 1999. (Planning and Zoning Commission meeting, 04-22-99, tape 1, section #5216) Planning and Zoning Commission Meeting Minutes on April 22, 1999 Page 11 of 12 ATTEST: Loft A. Farw¢ll Planning Secretary Ann Creighton// Chairman Planning and Zoning Commission Meeting Minutes on April 22, 1999 Page 12 of 12