1999-05-06 P&Z MeetingREGULAR PLANNING AND ZONING
COMMISSION MEETING
May 6, 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: Dennis Killough, Senior Current Planner; Chris Carpenter, Senior
Comprehensive Planner; Keith Martin, Landscape Administrator; and Lori Farwell, Planning
Secretary.
There was no Work Session held.
Chairman Creighton called the meeting to order at 7:04 p.m.
AGENDA ITEM #2, APPROVAL OF MINUTES:
Chairman Creighton opened discussion of the minutes of the Planning and Zoning Commission
meeting held on April 22, 1999.
Motion was made to approve the minutes of the Planning and Zoning Commission meeting held
on April 22, 1999.
Motion: Sandlin
Second: LeVrier
Ayes: Sandlin, LeVrier, Peebles, Creighton
Nays: None
Abstain: Shankland, Jones
Approved: 4-0-2
Motion carried.
(Planning and Zoning Commission meeting, 05-06-99, tape 1, section #0024)
AGENDA ITEM #3, ADMINISTRATIVE COMMENTS:
There were no Administrative Comments.
AGENDA ITEM #4, ZA 99-018, SITE PLAN FOR DR. JOHN MICHAEL TATE'S OFFICE:
Senior Comprehensive Planner Chris Carpenter informed the Commission 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
Planning and Zoning Commission Meeting Minutes on May 6, 1999 Page 1 of 7
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 item to the Commission. He
said Mr. Skaistis has come up with landscape additions which enhance the appearance and give a
better presentation to the building both from Gateway Drive and State Highway 114.
Michael Skaistis (WRA Architects) said he has shown a solid hedge of Burford Holly and some Crate
Myrtle to provide some color. He said they also intend to plant some large, nursery grown live oak
trees in attempt to soften the five (5) northem parking spaces.
Commissioner Peebles said it looks to him like the parking spaces to the north are somewhat wide
and asked if there was something that could be done to narrow that area to decrease the amount of
encroachment into the bufferyard. Mr. Killough said 20' is probably the smallest amount of area that
you would want to allow. Mr. Killough said they are currently at 22' from face of curb to edge of
parking.
Commissioner Peebles asked if they would be willing to eliminate 2' of pavement in order to get
more bufferyard, and Mr. Skaistis agreed to do that.
Dr. Tate said he is not okay with cutting off 2' from that driveway because it is just barely wide
enough for two (2) cars.
Vice-Chairman LeVrier asked if that curb cut is existing, and Dr. Tate said yes. Vice-Chairman
LeVrier asked if the north line of that parking lot is lining up with an existing curb cut, and Dr. Tate
said yes.
Commissioner Peebles said he does not have a problem with stopping the 2' at the existing curb cut,
but after that, they could come back out 2' for the new parking lot to allow for more bufferyard. Dr.
Tate said that is fine as long as it does not make turning around ridiculously hard.
Mr. Killough said the end space by the dumpster may not be a very usable space because it will be
difficult to get in and out of it.
Vice-Chairman LeVrier asked what the distance is between the curb and the north property line. Mr.
Killough said it is 3'.
Vice-Chairman LeVrier asked what is the mature growth of Burford Holly, and Landscape
Planning and Zoning Commission Meeting Minutes on May 6, 1999 Page 2 of 7
Administrator Keith Martin said Dwarf Burford Holly would be about 3' and if they do not get
dwarf, they would be about 8'.
Vice-Chairman LeVrier asked what plant Mr. Martin would suggest to provide a 4' screening, and
Mr. Martin said he would suggest Dwarf Burford Holly.
Chairman Creighton said she appreciates Dr. Tate's willingness to work on this. She thanked him
for bringing Mr. Skaistis in to explain to the Commission what they tried and what did not work. She
asked if the plantings in the S.H. 114 bufferyards equal the plantings that would have been in the
bufferyard that has been lost as a result of the five (5) parking spaces. Mr. Skaistis said there are no
required plantings in those bufferyards since this is an existing building.
Commissioner Peebles asked if he is the only one who wants the additional 2' of bufferyard adjacent
to the five (5) parking spaces.
Chairman Creighton said she does not want to see the Commission allow him a parking lot that
becomes unusable.
Commissioner Sandlin said he would rather see them save the trees than lose them. He is not
concerned about the stacking depths if it means losing trees. He agrees with Chairman Creighton
regarding the spacing in the parking lot.
Commissioner Shankland thanked Dr. Tate for going the extra mile to make this work. He said he
appreciates what they have done.
Although the Public Heating was previously closed, Chairman Creighton asked if anyone would like
to speak regarding this item.
Motion was made to approve ZA 99-018 subject to Site Plan Revised Review Summary No. 3,
dated April 30, 1999, delet'mg Items #1 (dumpster location); #2 (parking located in bufferyards); #3.a
(driveway spacings); and #3.b (stacking depths); and requiting the landscaping to be in accordance
with the plan presented tonight.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Shankland
LeVrier, Peebles, Shankland, Jones, Sandlin, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 05-06-99, tape 1, section # 1000)
Planning and Zoning Commission Meeting Minutes on May 6, 1999 Page 3 of 7
AGENDA ITEM #5, ZA 99-007, SPECIFIC USE PERMIT FOR OUTSIDE STORAGE OF
PLANTS OR OTHER GREENERY AS PART OF A RETAIL OPERATION FOR HOME DEPOT:
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 11.732 acres. A Site Plan will be considered with this request. The property is
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 Commercial District. The Land Use
Category is Retail Commercial. The Owner of the property is Home Depot USA, Inc. The
Applicant is Winkelmarm & Associates, Inc. Six (6) written notices were sent to property owners
within the 200' notification area, and no responses were received.
Michael Clark (Winkelmann & Associates) 12800 Hillcrest, Suite 200, Dallas, Texas, presented this
case to the Commission.
Commissioner Sandlin said what concerns him is the fact the applicant said at the last meeting they
intend to stack their products up to I0' in height and that is why he wanted them to raise their wall
height. He said now if the Commission says they only want them to stack to 8', they probably will
not want to do that since they have already stated they want 10'. He said he does not want to see
products stacked over the wall.
Mr. Clark said anyone on the frontage road probably will not even see the wall.
Commissioner Sandlin said he does not have a problem with this as long as he does not see anything
different than what he sees right now when he drives by.
Mr. Clark said he has no problem restricting the height of the stacks to some reasonable amount
below the wall height.
Chairman Creighton said she is very dissatisfied with the manner the City is enforcing these
restrictions. She said she can see the height restriction not be enforced just the same as the 5%
restriction. She said she is generally not pleased with what is before the Commission. She said if
the Commission approves this, she would like to see a time limit placed on the S.U.P. so that Home
Depot can go away and come up with a better solution than what they are proposing.
Commissioner Shankland said he likes the idea of placing a time limit on them, too. He agreed
enforcement has been a problem, but compliance has also been a problem. He said at the end of that
period if they have been good neighbors, have complied, and there has been no enfomement
problem, then maybe extension of the S.U.P. is warranted.
Planning and Zoning Commission Meeting Minutes on May 6, 1999 Page 4 of 7
Mr. Clark said he wanted to clarify that this wall exists, and they are simply adding one to enclose
this area. He said he thinks the time limit is an excellent idea because it would give Home Depot
something to shoot for knowing it could be taken away.
Chairman Creighton said she knows Home Depot has a Contractor's Pick Up for lumber and
questioned if that type of system would also work for these materials.
Commissioner Jones said from a line of sight perspective, if materials were restricted to 8', they
would not be seen from S.H. 114.
Commissioner Sandlin said he thinks the Commission will probably place a time limit on this
S.U.P., and Home Depot needs to understand the Commission does not want to see materials from
the road. He said if Home Depot does not make sure that is done, there is a good chance the next
P&Z Commission would not renew their S.U.P.
Commissioner Jones said even if they stack materials up to 10' in height, they will not be seen from
S.H. 114.
Although the Public Hearing was previously closed, Chairman Creighton asked if anyone would like
to speak regarding this item.
Commissioner Peebles asked what they are going to do with the propane tanks. Mr. Clark said he
did not know but said he would check into it.
Chairman Creighton said if Home Depot is allowed this much outside storage, she would not ever
want to see anything else outside the store.
Chairman Creighton asked if Home Depot would allow its customers to pick up these outside storage
materials at the same entry that contractors pick up lumber. Mr. Clark said they would have to come
from the garden center and either travel all the way through the store or in front of the store in the
fire lane. He said they do not want fork lifts going back and forth.
If it can be done legally, Commissioner Peebles asked if they will put the propane tanks inside this
outside storage area. Mr. Clark said he does not know what the policy is on propane. He said he
presumes Home Depot likes to have it out in front for advertising purposes.
Mr. Clark agreed to put the propane in the outside storage area if it can be done legally.
Commissioner Peebles asked if the wall is beige accented with a darker beige. Mr. Clark said there
are some fascias that are darker. Commissioner Peebles asked if it would look better to be cast
stone. Mr. Clark said as a civil engineer, he is not comfortable choosing colors, but he would be
happy to take samples of both to City Council.
Planning and Zoning Commission Meeting Minutes on May 6, 1999 Page 5 of 7
Commissioner Jones asked staff if this zoning allows them to give relief on the parking. Mr.
Killough said yes they can up to a 10% reduction.
Commissioner Peebles asked if Home Depot could put the propane tanks in the outside storage area
with the way this request is worded right now. Mr. Killough said the propane tanks are not
considered to be garden supplies or plant materials so he does not think so, but they may be
considered an ancillary use within the 5% allowed for general outside sales.
Commissioner Shankland asked if the soda machines are included in the 5% outside storage. Mr.
Killough said yes.
Motion was made to approve ZA 99-007 subject to Specific Use Permit Plan Review Summary No.
1, dated April 30, 1999; deleting Item #2 (6.2 variance on parking spaces); requiring all retail
merchandise to be located in the store, garden center, or outside storage area; requiring that material
stored in the outside storage area will not exceed 10' in height and will not be seen from State
Highway 114 whichever is more restrictive; placing the propane tanks inside the darkened outside
storage area if legally possible, and if not, adjacent to the darkened outside storage area; requiring
the S.U.P. to be renewed on July 1, 2000; providing color scheme to City Council; and allowing only
two (2) vending machines.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
Shankland
Peebles, Shankland, Jones, Creighton
Sandlin, LeVrier
4-2
Motion carried.
(Planning and Zoning Commission meeting, 05-06-99, tape 1, section #2882)
AGENDA ITEM #6, MEETING ADJOURNMENT:
Chairman Creighton adjourned the meeting at 8:34 p.m. on May 6, 1999.
(Planning and Zoning Commission meeting, 05-06-99, tape 1, section #2890)
/(dm Creightofi
Chairman
Planning and Zoning Commission Meeting Minutes on May 6, 1999 Page 6 of 7
ATTEST:
Lori A. Farwell ~ '
Planning Secretary
Planning and Zoning Commission Meeting Minutes on May 6, 1999 Page 7 of 7