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1999-06-03 P&Z Meeting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~" 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 REGULAR PLANNING AND ZONING COMMISSION MEETING June 3, 1999 COMMISSION PRESENT: Chairman Ann Creighton; Vice-Chairman C.D. Peebles; and Commissioners Michael Boutte, Kenneth Home, Dennis King, Mike Sandlin, and Keith Shankland. COMMISSION ABSENT: None. CITY STAFF PRESENT: Dennis Killough, Senior Current Planner; Ed McRoy, Current Planner; Lisa Sudbury, Current Planner; Steve Polasek, Deputy Director of Community Services; Charlie Thomas, Deputy Director of Engineering Services; and Loft Farwell, Planning Secretary. Chairman Creighton called the meeting to order at 6:47 p.m. The Work Session began at 6:47 p.m. and ended at 6:59 p.m. Chairman Creighton called the meeting back to order at 7:09 p.m. AGENDA ITEM #2, APPROVAL OF MINUTES: Chairman Creighton opened discussion of the minutes of the Planning and Zoning Commission meeting held on May 20, 1999. Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on May 20, 1999. Motion: Shankland Second: Home Ayes: Home, Sandlin, Boutte, Peebles, Shankland, King, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 06-03-99, tape 1, section #0404) AGENDA ITEM #3, ADMINISTRATIVE COMMENTS: There were no Administrative Comments. AGENDA ITEM #4, ORDINANCE NO. 480-GG: Motion was made at the applicant's request to table and to continue the Public Hearing to the July 8, 1999, Planning and Zoning Commission meeting. Motion: Sandlin Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 1 of 16 1 2 3 4 5 6 7 8 9 Second: Shankland Ayes: Sandlin, Boutte, Peebles, Shankland, King, Home, Creighton Nays: None Approved: 7-0 Motion carded. (Planning and Zoning Commission meeting, 06-03-99, tape 1, section #0426) AGENDA ITEM #5, ZA 99-050, SPECIFIC USE PERMIT FOR SPECIAL EVENTS 10 11 12 13 14 15 16 17 18 19 20 21 ,--' 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ASSOCIATED WITH DOWNTOWN SOUTHLAKE CELEBRATES: Current Planner Lisa Sudbury informed the Commission this request is for a Specific Use Permit for Special Events associated with Downtown Southlake Celebrates on property legally described as Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant 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 events will be held on consecutive Saturdays, June 26, 1999, and July 3, 1999, and will be sponsored by the City of Southlake Community Services Department and Southlake Town Square. 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 District to include "C-3" General Commercial District uses. The Land Use Category is Mixed Use. The Owners and Applicants are City of Southlake; Southlake Venture West, L.P.; Southlake Venture East, L.P.; and Southlake Central Venture. Ten (10) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was in favor. Steve Polasek (Deputy Director of Community Services) presented this item to the Commission. Chairman Creighton opened the Public Heating. No one in the audience stepped forward to speak. Chairman Creighton closed the Public Hearing. Motion was made to approve ZA 99-050. Motion: Second: Ayes: Nays: Approved: Peebles Shankland Boutte, Peebles, Shankland, King, Home, Sandlin, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 06-03-99, tape 1, section 330670) AGENDA ITEM #6, ZA 99-032, REZONING AND CONCEPT PLAN FOR SOUTHLAKE 42 BOULEVARD PRESBYTERIAN CHURCH: Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 2 of 16 1 Current Planner Lisa Sudbury informed the Commission this request is for a Zoning Change on 2 property legally described as Tract 1 D5 situated in the A. A. Freeman Survey, Abstract No. 522, and 3 being approximately 5.169 acres. A Concept Plan for Southlake Boulevard Presbyterian Church will 4 be considered with this request. The property is located on the north side of West Southlake 5 Boulevard (F.M. 1709) approximately 480' west of Southridge Lakes Parkway. The Current Zoning 6 is "C-3" General Commercial District. The Requested Zoning is "CS" Community Service District. 7 The Land Use Category is Retail Commercial and Office Commercial. The Owner of the property 8 is Grace Presbytery. The Applicant is Southlake Boulevard Presbyterian Church. Seventeen (17) 9 written notices were sent to property owners within the 200' notification area, and two (2) responses 10 were received with both being undecided. 11 12 13 14 15 16 17 18 19 2O 21 ,~- 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Terry Cunningham, 1903 Central Drive, Suite 401, Bedford, Texas, presented this item to the Commission. Vice-Chairman Peebles asked staff if the west entrance was moved more to the north if that would take care of the stacking issue. Mr. Killough said they could move it north and alleviate some of the problem. Commissioner Shankland asked Mr. Cunningham what his plans are regarding lighting in the rear of the site. Mr. Cunningham said the final plan has not been developed, yet. He said the Residential Adjacency Ordinance limits the height to 20' with screens on the light poles and that is what they will propose. Mr. Cunningham said the neighbors have suggested using evergreen trees in the rear which he has no problem with. Commissioner Sandlin asked if the Commission still has Site Plan approval after this. Mr. Killough said yes. Mr. Cunningham said if lighting becomes a real issue, they could possibly relocate some lights away from the residential properties. He said a lighting design has not been studied thus far. Vice-Chairman Peebles asked if they have made a decision on the sidewalk, yet. Mr. Cunningham said no, but he personally gets the feeling that everyone wants to see the sidewalk. Commissioner Sandlin recommended for Mr. Cunningham to meet with the adjacent homeowners regarding his lighting design before he brings in the Site Plan. Commissioner Shankland suggested contacting the Homeowners Association when that time comes. Chairman Creighton said when they are discussing lighting with the homeowners, they might consider placing their lights on timers. Commissioner Home suggested attaching the lighting to the fence so that the lighting does not spill Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 3 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~" 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 over into the yards. Mr. Cunningham said the parking lot would not reap much benefit from attaching the lighting to the fence since it would only be 6' or 7' tall. Chairman Creighton asked what Mr. Cunningham's projection is on the additional phasing on this project. He said the church estimates all of the buildings to be built in ten (10) years. He said they would probably build another building in two (2) to three (3) years. Reverend Mike Beaugh, 1641 Overcup Lane, Keller, Texas, said the phasing is determined by the amount of growth they experience as a congregation. He said they hope to build the sanctuary within two (2) to three (3) years, but it all depends on the growth and the amount of income they generate. Regarding lighting, Commissioner Sandlin asked the Reverend to please research his lighting options next to those homes. He said there are various types of low level lighting available which would work. He said he feels strongly enough about the lighting issue that if it is not addressed properly at the Site Plan stage, he would vote against it. He asked him to not take it lightly because it is an important issue which needs to be addressed. Reverend Beaugh said the lighting is easily changed at this stage, and he would be happy to look at it. He said they want to be a good neighbor and they will work with the neighbors to come up with a solution that will please everyone. Commissioner Shankland recommended he contact the President of the Homeowners Association to try to meet with as many people as possible. He said if they can work out some of the problems ahead of time, it will go smoother for them when they return to the Commission with the Site Plan. Chairman Creighton opened the Public Hearing. Bill Stone (SPIN #13 Representative) 1508 Pecos Drive, Southlake, Texas, said he held a SP1N meeting on May 17 which was lightly attended. He said it was an uneventful meeting without any controversy. He said the plans were well presented by the architect and the Reverend. deff Monaghan, 104 San Jacinto Court, Southlake, Texas, welcomed the church to his neighborhood. He said he is concerned about the lights because he and several of his neighbors have pools and are out late at the pools with their kids. He said they welcome this development because they fought rats all last summer which came out of this field. He thinks getting this property developed will help with the rats. He said he would prefer pine trees along the back of the property since they stay green year-round and cut down on the noise. He personally does not want lights attached to his fence but would be agreeable to going with the architect and Reverend to look at lights. He said with decent- sized pine trees and acceptable lighting, he could not think of a better neighbor. Chairman Creighton closed the Public Hearing. Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 4 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (Planning and Zoning Commission meeting, 06-03-99, tape 1, section #1792) Chairman Creighton asked if staffhas materials on various types of lighting. Mr. Killough said the planning staffdoes not have any lighting materials, but the building department is currently working on a lighting ordinance and he would suspect they have research material on lighting. She asked if Mr. Killough would ask the building department if they know of a parking lot which has the type of lighting Commissioner Sandlin was referring to and maybe staff could get that information to the residents on San Jacinto Court. Mr. Killough agreed. Vice-Chairman Peebles said if they do not move their entrance further to the north creating more stacking depth, they will have cars backing out of parking spaces into the lane where cars are trying to enter the site. He said if they are going to leave the entrance where it is, he wants some of those parking spaces removed. Vice-Chairman Peebles asked how many parking spaces are required. Mr. Killough said they are providing 115 spaces but 110 spaces are required. Vice-Chairman Peebles asked the church representatives if they would eliminate the parking spaces along the west side of the church up to the shaded area. Reverend Beaugh said they are trying to get as many parking spaces as possible. He said most people will want to park in those spaces. He said he would like to work something out, but he hopes they do not have to give up 12 spaces. Chairman Creighton said her inclination would be to move the entrance far enough north offthe common access easement to create enough stacking depth so that there is not an unsafe situation on F.M. 1709; that way the church does not lose parking spaces and the City gets the stacking depth. Mr. Cunningham said from his standpoint he does not see a problem doing that, but he does not know what the bank will think. Commissioner Shankland said the Commission could give them relief on some of the islands in the parking lots so they could make up some of the parking spaces. Mr. Killough said if they move their entrance further north, they could relocate some of the parking spaces south of where the parking spaces are currently and they would not lose many spaces, if any. Mr. Cunningham said if they move their entrance further north, they would not need to widen the existing drive since the only reason they were widening it in the first place was to accommodate a fire truck. Mr. Killough said Mr. Cunningham is correct in that he had to widen the existing drive and add some pavement to get the proper taming radius to satisfy Fire Department requirements. Chairman Creighton asked if a fire truck would be able to make the turn being created by moving Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 5 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 the entrance further north. Mr. Cunningham said that is a good question. Chairman Creighton said she is concerned about the stacking depth, but she does not want to create a situation where public safety vehicles cannot get in there either. Commissioner Sandlin said since this is a church and people will be coming and going at the same time, the throat depth will not be adequate no matter how much they have, but the other 99% of the time it will be fine because they will only hold services at specific times. Chairman Creighton said F. M. 1709 is not typically at a standstill when people will be going in and out of church. Commissioner Shankland asked if the church holds services on Wednesday or Sunday evenings. Reverend Beaugh said they are holding Sunday morning service in a school right now and are looking forward to holding additional services, but that is not decided yet. Reverend Beaugh said once they build Phase 2 and build the additional parking, they predict the east entrance to be the main entrance. Mr. Cunningham suggested leaving the six (6) parking spaces closest to the west entrance as grassy area for the time being and then fill them in when the east entrance becomes more of a main entrance. Vice-Chairman Peebles said the problem with that is people will be parking on the grass, and they will have the same stacking problem. He thinks they need to go ahead and get rid of those parking spaces or move the entrance north. Chairman Creighton said Commissioner Sandlin comments about this being a church and everyone arriving at once, makes her realize this is less of a problem on a church site and a commercial site. She said she is not as troubled by it as she was earlier. Vice-Chairman Peebles said they will have even more of a problem if they do not get rid of those parking spaces. Commissioner Sandlin said they need those spaces; every church in Southlake is just booming right now. He said they will probably already be parking in the Bank United parking lot. Commissioner Home asked if they move the west entrance to the north a little if it would interfere with the maneuvering of safety vehicles. Mr. Cunningham said they do not really know if it will work until they lay it out, but it might hinder the S-curve radius. Commissioner Home said that is a pretty compelling argument to leave the entrance right where it is; all it would take is one (1) fire or one (1) emergency to find out. Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 6 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Commissioner Shankland said they could move the entrance to the north contingent upon the Fire Marshal's approval and, if not, leave it where it is. Vice-Chairman Peebles asked staff if it is possible to move the drive to the north. Mr. Killough said he thinks it will be difficult to get the proper radius, but he cannot say for certain. Vice-Chairman Peebles asked if they intend to put in a sidewalk. Reverend Beaugh said yes, but they are not sure what adjacent sidewalks are scheduled to be put in. Motion was made to approve ZA 99-032, subject to Concept Plan Review Summary No. 3, dated May 28, 1999, deleting Item # 1 .a (driveway spacing); deleting Item #1.b but requiring the applicant to move the west entry as far north as possible and make it wide enough to meet the Fire Marshal's approval; allowing Item #2.b (perimeter bufferyards) as shown; and acknowledging the applicant's agreement to provide a sidewalk along F.M. 1709. Motion: Peebles Second: Home Commissioner Sandlin said by moving the entry to the north, it is not his intention for them to extend more parking closer to F.M. 1709; he does not want it to be further south than what is shown on the plans. Vice-Chairman Peebles amended his motion to include that statement. Commissioner Home seconded it. Ayes: Peebles, Shankland, King, Home, Sandlin, Boutte, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 06-03-99, tape 1, section #3393) Chairman Creighton thanked the church for their willingness to work with the Commission and the homeowners and encouraged them to meet with the San Jacinto homeowners before they come back with a Site Plan. AGENDA ITEM #7, ZA 99-033, SPECIFIC USE PERMIT FOR CHILD CARE (MOTHER'S DAY OUT PROGRAM) FOR SOUTHLAKE BOULEVARD PRESBYTERIAN CHURCH: Current Planner Lisa Sudbury informed the Commission this request is for a Specific Use Permit for child care (Mother's Day Out Program) per Zoning Ordinance No. 480, Section 45.1 (2.c) on property legally described as Tract 1D5 situated in the A. A. Freeman Survey, Abstract No. 522, and being approximately 5.169 acres. The property is located on the north side of West Southlake Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 7 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Boulevard (F.M. 1709) approximately 480' west of Southridge Lakes Parkway. The Current Zoning is "C-3" General Commercial District. The Land Use Category is Retail Commercial and Office Commercial. The Owner of the property is Grace Presbytery. The Applicant is Southlake Boulevard Presbyterian Church. Seventeen (17) written notices were sent to property owners within the 200' notification area, and three (3) responses were received with all being undecided. Commissioner Boutte asked if approving this request means it is approved for the life of the church, through all phases. Chairman Creighton said yes unless the Commission limits the duration of the Specific Use Permit. Vice-Chairman Peebles said he was going make the approval subject to their letter dated April 15, 1999. Commissioner Home questioned what they mean about "no food service or food preparation." He asked ifa child forgets a meal is there any way to fix them another one; from 9:00 a.m. to 3:00 p.m. is a long time for a child to go without food. Reverend Mike Beaugh said they do not plan to run a food service, but there is a small kitchen. Commissioner Home said he just wants them to have the option when the need arises. Reverend Beaugh made one correction regarding the ownership of the property; he said it should be Grace Presbytery, not Grace Presbytery Presbyterian Church. Regarding their letter, Chairman Creighton said she does not think the church would want the Commission to adopt the reference to "no food service or food preparation on site" since they will have a kitchen and that statement would preclude them from doing any type of food preparation for church events, etc. Reverend Beaugh agreed. Vice-Chairman Peebles said he was going to say something like "no regular commercial-type food service." Commissioner Shankland asked if it is considered commercial when a non-profit organization supplies a meal at no charge; if it is not considered commercial, then do not worry about it. Chairman Creighton said she thinks they are trying to distinguish between day cares that provide hot lunches and Mother's Day Out Programs that do not. Reverend Beaugh said that is what they are trying to do if someone can come up with the proper language. Chairman Creighton asked staff if they have enough to go on if the Commission says, "no regular commercial-type food service." Mr. Killough said yes. Commissioner Shankland said he cannot see the church doing this as a business and to him that is what constitutes being commercial. Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 8 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Chairman Creighton said there is probably some kind of a definition staff could come up with before this goes to City Council. Mr. Killough said there probably is. Mr. Killough said he is wondering if that statement even needs to be in the S.U.P.; if no one has a problem with the lunches being prepared, it might not even need to be there. He said staff knows with the "CS" zoning, they cannot run a commercial restaurant-type operation; it is not a permitted use in the zoning district. Chairman Creighton asked if 9:00 a.m. to 3:00 p.m. are the outside hours of operation or is that what time the actual school nm operate. Reverend Beaugh said this is a program they have not even designed yet; those hours are based on suggestions by parents. Chairman Creighton suggested they not limit themselves to 9:00 a.m. because that is later than some of the other programs start. Commissioner Home agreed saying 8:00 a.m. to 4:00 p.m. is more realistic because you will have parents come a half hour early or mn a half hour late. Reverend Beaugh agreed. Commissioner Shankland said limiting the school to a maximum of 25 children is not many kids; if they already have 100+ members, then they may already be maxed out. Reverend Beaugh said that number is based on the size of their facility; if they had twice as much space, they could have twice as many kids. Chairman Creighton asked Bill Stone (SPiN #13 Representative) if the Mother's Day Out Program was brought up in the SPiN meetings as a concem to anyone. He said it was never voiced by anyone as a concern. Chairman Creighton opened the Public Heating. No one in the audience stepped forward to speak. Chairman Creighton closed the Public Hearing. (Planning and Zoning Commission meeting, 06-03-99, tape 1, section #4095) Commissioner Boutte said he would like to restrict it to the Phase I building and worry about extending it to other buildings in the future. He said there is no sense offering a blanket approval until we see how this builds out over time. Motion was made to approve ZA 99-033, limiting it to a maximum of two (2) days a week; limiting the hours of operation from 8:00 a.m. to 4:00 p.m.; requiring participation open to the community with a maximum of 25 pre-school age children; limiting it to the Phase 1 building; governed and administrated by the Southlake Boulevard Presbyterian Church; and being subject to Concept Plan Review Summary No. 3, dated May 28, 1999, amended as noted with action on ZA 99-032. Motion: Peebles Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 9 of 16 1 Second: Sandlin 2 Ayes: Shankland, King, Home, Sandlin, Boutte, Peebles, Creighton 3 Nays: None 4 Approved: 7-0 5 Motion carried. 6 7 (Planning and Zoning Commission meeting, 06-03-99, tape 1, section #4267) 8 9 Chairman Creighton called for a break at 9:04 p.m. 10 11 Chairman Creighton called the meeting back to order at 9:20 p.m. 12 13 (Planning and Zoning Commission meeting, 06-03-99, tape 1, section #4296) 14 15 AGENDA ITEM #8, ZA 99-035, REVISED SITE PLAN FOR HOLT DENTAL CARE: 16 17 18 19 20 21 ,"-' 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Current Planner Lisa Sudbury informed the Commission this request is for a Revised Site Plan for Holt Dental Care on property legally described as Lot 1, Block 3, Diamond Circle Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-177, Page 7, Plat Records, Tarrant County, Texas, and being approximately 1.073 acres. The property is located at 600 E. Southlake Boulevard, being on the north side of East Southlake Boulevard (F.M. 1709) approximately 325' west of Diamond Boulevard. The Current Zoning is "C- 2" Local Retail Commercial District. The Land Use Category is Office Commercial. The Owner of the property is Holt Dental Care. The Applicant is Blake Architects. Nine (9) 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. Commissioner Sandlin asked if their sign meets the current ordinances. Mr. Killough said he does not think it does, however signs are not permitted with Site Plan approval; there is a separate process for that. Roger Blake (Blake Architect~9 1303 Caldwell Creek Colleyville, Texas, presented this item to the Commission. Commissioner Sandlin asked why they do not comply with the articulation requirements. Mr. Blake said the space they have to work in is so tight, they are basically trying to make it fit in there. He said they looked at adding a bay window to the back of the building to create a jog, and it looked stupid sitting there. He said it looked worse than better. When this goes to City Council, Vice-Chairman Peebles suggested for him to bring a picture of what he is talking about so they can actually see it for themselves. Commissioner Sandlin said the adjacent property owner, Bob Stevenson, asked for a common access Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 10 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~-' 22 23 24 25 26 easement onto his property; he asked Mr. Blake if they intend to do that. Mr. Blake said yes; they have no problem with that at all. Chairman Creighton opened the Public Heating. No one in the audience stepped forward to speak. Chairman Creighton closed the Public Hearing. (Planning and Zoning Commission meeting, 06-03-99, tape 1, section #4684) Motion was made to approve ZA 99-035, subject to Revised Site Plan Review Smmnary No. 3, dated May 28, 1999, deleting Item #1 (articulation), #3.a (driveway spacing), and #3.b (driveway throat depth). Motion: Sandlin Second: Home Vice-Chairman Peebles said he is going to vote for this deleting Item #1 (articulation) but asked the applicant to provide something to the City Council that shows what he is talking about. Ayes: King, Home, Sandlin, Boutte, Peebles, Shankland, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 06-03-99, tape 1, section #4839) AGENDA ITEM #9, ZA 99-036, REZONING AND SITE PLAN FOR A PROPOSED OFFICE 27 BUILDING: 28 Current Planner Lisa Sudbury informed the Commission this request is for a Zoning Change on 29 property legally described as Lot 3R3, Block 1, Miron Addition, an addition to the City of 30 Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3901, Plat 31 Records, Tarrant County, Texas, and being approximately 0.96134 acres. A Site Plan for a proposed 32 office building will be considered with this request. The property is located on the east side of 33 Miron Drive approximately 700' south of East Southlake Boulevard (F.M. 1709). The Current 34 Zoning is "B-1" Business Service Park District. The Requested Zoning is "S-P-1" Detailed Site Plan 35 District with "O-1" Office District uses. The Land Use Category is Office Commercial. The Owner 36 o£the property is Government Capital Corporation. The Applicant is Dwayne Young & Company. 37 Twelve (12) written notices were sent to property owners within the 200' notification area, and five 38 (5) responses were received with four (4) being opposed and one (1) being undecided. 39 40 41 42 Dwayne Young (Dwayne Young & Company) 7809 Precinct Line, North Richland Hills, Texas, presented this item to the Commission. Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 11 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Chairman Creighton asked what business the owner of this property is in. Mr. Young said the owner is a bond broker, not a bondsman; he puts together packages for school districts, small governments, Indian nations, etc. He said they have 11 or 12 employees; very few people will be coming or going. He said they have no need for a high profile office; they wanted to be in a park-like setting. Chairman Creighton asked what the section labeled "office space or storage" will be used for. Mr. Young said it is basically for future expansion. Chairman Creighton asked where the intended garage is. Mr. Young said originally they were going to use it as storage; they were going to put two (2) garage doors on it and use it for storage tmtil they put more offices out there. He said then they went back and labeled it "office space or storage" because they were getting into parking lot calculations, and he was told to go ahead and count it as office space. Mr. Young said it will not be used as an everyday garage. He guessed that the two (2) principle partners could use it as their private parking; he said he thinks that would be reasonable for a building owner to do. Vice-Chairman Peebles said if they eliminated part of their building on the west and converted the garage to the north, they could save some trees and take care of the fire hose issue. He said that way they do not have to worry about parking boats and other things in the garage. Mr. Young asked if anyone is worried about parking boats and other things in the garage; he asked if that is illegal or against the ordinances. Vice-Chairman Peebles said that way they would not have to worry about making it future office space and could go ahead and make it office space. Mr. Young said that would take their building size down and raise their cost per square foot; it would not be what they are trying to build. Chairman Creighton asked if the owners are planning to park boats in the garage. Mr. Young said he does not know, but he is not going to say it is not a possibility. Commissioner Boutte asked why there has not been a SPiN meeting on this property. Mr. Young said it is his naivete. He said he received the SPIN paperwork fi:om City staff and was told they were not sure if the correct SP1N representative was listed on the paperwork. He said even though staff strongly recommended he meet with the SPIN group, he dismissed it because he did not see any objections coming until about an hour ago. Chairman Creighton said she needs to open the Public Hearing and asked Mr. Young to give some thought to tabling this item which would allow him time to meet with the adjacent residents and address their concerns. She said the Commission could even request for staffto place him at the top of whatever agenda he tabled to. Mr. Young said he will think about that. Commissioner Home said it would be wise for Mr. Young to table this and meet with the property owners; it may save him time in the future. Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 12 of 16 1 Regarding the trees on the lot, Commissioner Sandlin said he thinks all of the trees are protected and 2 said it would be helpful if Mr. Young came back and told the Commission exactly how many trees 3 he is removing. He said the Tree Preservation Ordinance allows him to remove trees in the building 4 pad, the driveway, and the parking lot; he cannot take trees out for a sidewalk. He said the ordinance 5 also requires him to get the Landscape Administrator's approval on building design because the 6 Commission can vary things if it means saving trees. He thinks Mr. Young could do a better job of 7 maneuvering things around to save trees. He would be very curious to know the percentage of trees 8 Mr. Young is removing because he thinks it is much higher than what he is saying. Mr. Young said 9 he would be glad to count them and give a report of that. 10 11 12 13 14 15 16 17 18 19 20 21 -~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Chairman Creighton opened the Public Hearing. Pattie Minder (SPIN g8 Representative) 223 Eastwood Drive, Southlake, Texas, said the adjacent residential property owners supported Martin Schelling when this business park was designed. She said the homeowners were told at that time the largest building would be at the back of the cul-de- sac and be about 5,000 square feet; the buildings keep getting larger and larger. She invited the Commission to walk the lot and look at the beautiful trees. She said when they start cutting these trees down, Mrs. Morgan and Mr. Adcock will have a clear view of the water tower from their yards. Mr. Schelling assured the homeowners there would be a tree screen across the back, and they would not see any buildings whatsoever. She understood they were going to use one side of the garage for storage and one side for his boat. She said she really has a problem with them having a two-car garage on an office building that is supposed to be a 9:00 to 5:00 usage Monday through Friday which is what the residents were told. She said they will be in and out of the garage on the weekends, especially in the summer, possibly to work on his boat. She said this building is way too large for this piece of property. When they first discussed this business park, these were supposed to be one-story buildings. She said Mr. Schelling also told them the back fence would be made of masonry posts and wood. Commissioner Sandlin said Mrs. Minder brought up one point he was thinking about which was making the footprint of the building smaller, but if they make it smaller, they have to go up. He asked Mrs. Minder what her preference would be between the current building or a smaller two-story building. Mrs. Minder said since her house does not back up to this property, that question should be asked of Mrs. Morgan and Mr. Adcock. Pat Morgan, 210 Westwood Drive, Southlake, Texas, said they met several times with Martin Schelling two (2) years ago. She said he told them if they worked with him, he would work them. She said he told them at that time there would be nothing but one-story buildings, and he said he would tell the builders to save as many trees as possible. She said he also told them there would be a wood fence with either brick or stone posts. She objected to this being a two-story building right up next to her property. She objected to the eradication of the trees. She said she does not want to look at the back of this building or the water tower. She said she talked to Keith Martin, Landscape Administrator, regarding the trees on this site, and he told her if the developer meets the codes and Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 13 of 16 1 2 3 4 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 20 21 ~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ordinances, he can do anything he wants. She said she found Mr. Martin remarks very unprofessional, callous, and rude. She said she went to the Planning Department and inquired about the use of the garage and was told one side would be used for storage and one side would be used for boat storage. JerryAdcock, 204 WestwoodDrive, $outhlake, Texas, said he knows he has been fortunate for 16 years to have a forest behind him, and he knows those days are pretty much over but there are some things that could be done to limit the amount of damage to the homeowners - the main thing is taking out as few trees as possible. If they would be willing to replace some trees along the east property line in the 20' easement, he thinks it would still hide the water tower. He said he hopes something can be worked out. Pamela Muller, 214 Westwood Drive, Southlake, Texas, said she worked very closely on the Residential Adjacency ordinance to avoid a situation like this. She said it is very important for the Commissioners to walk this property if they have the opportunity. Due to the slope of the land, it has been a real help to have the strand of trees along the east property line to avoid a direct view of the water tower. She said it is unfortunate Martin Schelling apparently made some promises which have not been kept. She said there is a 20' Diamond Shamrock easement along the east side of this property and along the west side of the lots in Woodland Heights. She said the owner of this lot leases that easement and gets to include that in his setback. When they put in this 20' easement, she said they removed an additional 40' of trees, so a 60' strip of trees had been ripped out and now there is the 20' strip which has to stay clear plus the additional 40' which no one has replanted. She said it is good he wants to save trees on his lot, but the building is being moved back towards the residences. She thinks these residents are entitled to the same consideration as any other resident in the City of Southlake. She said the City needs to be careful how they buffer the residences. She said because there are only 30 homes in Woodland Heights, they cannot bring a petition of 60 people opposing this development. (Planning and Zoning Commission meeting, 06-03-99, tape 1, section #7261) Chairman Creighton closed the Public Hearing. After hearing the residents' concems, Chairman Creighton asked Mr. Young if he would like to take a break now and meet with the residents or table this item and meet with them in the interim and try to address some of these concerns. Mr. Young said because he is representing someone else and is under time constraints that is a difficult question to answer. He asked how much time it would take to table this item. Vice-Chairman Peebles said the Commission can table this without his request and if it would take some heat off of Mr. Young, this case is going to be tabled whether he likes it or not. Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 14 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,"'- 22 23 24 25 26 27 28 Mr. Young said he is more interested in the questions he will be asked tomorrow. He asked how soon he can come back. Chairman Creighton said she took a brief look through some of the ordinances, and she does not think they can park a boat on this property. Mr. Young said if the cannot, that is fine. Commissioner Sandlin questioned if there is any way to move the building closer to the front of the lot and move the parking more around the back. Mr. Young said there are some drainage concerns to consider on this lot. Commissioner Sandlin said it would be nice if they would meet with the homeowners and at least discuss the different options and what would and would not work. Mr. Young said they are happy to do that. Mr. Killough said he would need to have plans in June 14 to make the July 22 meeting. Motion was made to table ZA 99-036 to the July 22, 1999, Plarming and Zoning Commission meeting and placing it at the front of that agenda. Motion: Second: Ayes: Nays: Approved: Peebles Shankland Home, Sandlin, Boutte, Peebles, Shankland, King, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 06-03-99, tape 2, section #0375) AGENDA ITEM #10, ZA 99-029, SPECIFIC USE PERMIT FOR OUTSIDE STORAGE OF 29 PLANTS OR OTHER GREENERY AS PART OF A RETAIL OPERATION FOR WAL-MART: 30 31 32 33 34 35 36 37 38 39 40 41 42 The applicant was not present for this item. 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 deny ZA 99-029. Motion: Second: Ayes: Nays: Approved: Peebles Sandlin Sandlin, Boutte, Peebles, Shankland, King, Home, Creighton None 7-0 (to deny) Motion carried. Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 15 of 16 1 2 3 4 5 6 7 8 9 12 13 14 15 16 17 20 21 22 23 (Planning and Zoning Commission meeting, 06-03-99, tape 2, section #0441) AGENDA ITEM #11, MEETiNG ADJOURNMENT: Chairman Creighton adjourned the meeting at 10:34 p.m. on June 3, 1999. (Planning and Zoning Commission meeting, 06-03-99, tape 2, section #0444) cA~ai Cr~r~ght°'d ATTEST: LoCi A. Farwell ' Planning Secretary Planning and Zoning Commission Meeting Minutes on June 3, 1999 Page 16 of 16