1999-10-21 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
43
REGULAR PLANNING AND ZONING
COMMISSION MEETING
October 21, 1999
COMMISSION PRESENT: Chairman Ann Creighton; Vice-Chairman C.D. Peebles; and
Commissioners Michael Boutte, Kenneth Home, Mike Sandlin, and Keith Shankland.
COMMISSION ABSENT: Dennis King.
CITY STAFF PRESENT: Debra Drayovitch, City Attorney; Dennis Killough, Senior Current
Planner; Ken Baker, Comprehensive Planner; Angela Turner, Graduate Engineer; and Loft Farwell,
Planning Secretary.
Chairman Creighton called the meeting to order at 6:28 p.m.
Chairman Creighton said there would be an Executive Session held in order to seek the advice of
the City Attorney pursuant to Section 551.071, Texas Local Government Code, regarding matters
posted on this agenda. The Executive Session started at 6:28 p.m. and ended at 6:46 p.m. Chairman
Creighton called the meeting back to order at 6:53 p.m. and asked the City Attomey if there was any
action necessary as a result of the Executive Session, and the City Attorney said no.
There was no Work Session held.
AGENDA ITEM #2, APPROVAL OF MINUTES:
Chairman Creighton opened discussion of the minutes of the Planning and Zoning Commission
meeting held on October 7, 1999.
Motion was made to approve the minutes of the Planning and Zoning Commission meeting held
on October 7, 1999, as presented.
Motion: Peebles
Second: Home
Ayes: Horne, Boutte, Peebles, Shankland, Creighton
Nays: None
Abstain: Sandlin
Approved: 5-0-1
Motion carried.
(Planning and Zoning Commission meeting, 10-21-99, tape 1, section #0076)
AGENDA ITEM #3, ADMINISTRATIVE COMMENTS:
There were no Administrative Comments.
Planning and Zoning Commission Meeting Minutes on October 21, 1999 Page 1 of 9
1 (Planning and Zoning Commission meeting, 10-21-99, tape 1, section #0085)
2
3 Chairman Creighton said Agenda Item #4 is on the Consent Agenda and will not have a separate
4 discussion unless a Commission member or citizen so requests.
5
6 AGENDA ITEM #4, ZA 99-088, F1NAL PLAT FOR LOT 4, BLOCK 1, PERRY/ALLEN
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
43
ADDITION:
Motion was made to approve ZA 99-088 subject to Plat Review Summary No. 3, dated October 15,
1999.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
Sandlin
Sandlin, Boutte, Peebles, Shankland, Home, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 10-21-99, tape 1, section #0112)
AGENDA ITEM #5, ZA 99-087, SITE PLAN FOR CHICK-FIL-A:
Comprehensive Planner Ken Baker presented this item to the Commission for a Site Plan for Chick-
fil-A on property legally described as Tract 2C1 and a portion of Tracts 2B and 2C situated in the
George W. Main Survey, Abstract No. 1098; Tract 6C and a portion of Tract 6 situated in the Samuel
Freeman Survey, Abstract No. 525, and being approximately 1.1366 acres. The property is located
on the southeast comer of the intersection of East Southlake Boulevard (F.M. 1709) and South
Kimball Avenue. The Current Zoning is "C-3" General Commercial District. The Land Use
Category is Retail Commercial. The Owner of the property is Southlake Kimball Venture, Ltd. The
Applicant is The Vincent Association. Seven (7) written notices were sent to property owners within
the 200' notification area, and one response was received which was in favor.
Commissioner Sandlin asked staffto explain the variances being requested by the applicant. Mr.
Killough said due to the size of the building, they are required to have a pitched roof structure and
although the building has an appearance of a pitched roof structure, it is actually a mansard roof that
has a deck on the interior to hold the mechanical equipment. He said this is similar to the Taco
Bueno building on the adjacent site. Regarding Item #1.b, Mr. Killough said they are proposing a
small storage building directly adjacent to the dumpster, and the ordinance also requires it to have
a pitched roof.
Greg Lawless (Development Manager for Chick-ill-A) presented this item to the Commission.
Chairman Creighton asked what the intended use is for the accessory building and why it cannot be
incorporated into the main building. Mr. Lawless said the reason for the accessory building is to
store a pressure washer that is used to clean the parking lot. He said it is a gas operated machine,
Planning and Zoning Commission Meeting Minutes on October 21, 1999 Page 2 of 9
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
43
and they are not allowed to bring a gas operated machine into the kitchen area or into the store. He
also said it needs to be protected from the rain.
Chairman Creighton asked if other Chick-fil-A stores have a pressure washer, and Mr. Lawless said
yes. She asked where it is kept at other stores, and Mr. Lawless said the dumpster design and
enclosure is a standard feature at every Chick-fil-A. He said the most recent one built in this area
is probably The Colony store.
Chairman Creighton asked if they would be allowed to have a closet that is part of the principle
structure that can only be accessed from the outside of the building as opposed to being accessed
from the interior. Mr. Lawless said they do have some storage areas in the back which provide access
to the roof and are used to store hot water heaters, etc.
Mr. Lawless said a consultant just informed him they are not allowed to keep a gas powered piece
of equipment under the roof per the Building Code.
Commissioner Sandlin asked what the dumpster material will be. Mr. Lawless said the ordinance
requires it to be made from the same material as the building, but they would like to extend the same
material being used on the fence being Taco Bueno to their fence and their dumpster so it will have
a uniform look along the back. He said the color will match the building, but it would be made from
a different material.
Chairman Creighton asked if that means they are asking for another variance. Mr. Lawless said they
do not have to use the same material as Taco Bueno but in order to make it look uniform and good,
they would like to.
Chairman Creighton said she has never encountered a fast food restaurant needing an accessory
building like this before and asked if the reason is because their competitors do not keep the pressure
washers at their facilities. Mr. Lawless said yes; the purpose is to keep their parking lot clean and
free of grease spots. He said they take pride in the fact that they take good care of the landscaping
and keep it maintained and keep the parking lot clean. He said they like a nice, clean presentation.
Commissioner Sandlin asked what they put on the roof of the accessory building. Mr. Lawless said
typically, the roof of this structure cannot be seen because it is below the wall. He said the only way
someone would know there is a storage area is because they would see two dumpster doors and a
regular door that enters the storage room. Mr. Lawless said it is a flat roof that is below the top of
the walls.
Chairman Creighton asked if the roof of this restaurant will be visible from the Primrose School. Mr.
Killough said it is very possible.
Vice-Chairman Peebles asked what they would have to do differently to comply with the roof
requirements.
Planning and Zoning Commission Meeting Minutes on October 21, 1999 Page 3 of 9
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
43
Andy Gerdes (The Vincent Association) said they would have to build a new structure over the whole
facility and that would not allow the mechanical equipment the opportunity to function properly so
they would have to take all of the mechanical equipment and sit it down on the ground. He said it
would take up a considerable amount of space and be very difficult to engineer. He said the pieces
that could not be removed from the roof are the exhaust fans for the kitchen equipment; they have
to be directly up above the hood exhaust.
Chairman Creighton said she is not as troubled by the variance to Item #1.a as she is the variance
to Items #1 .b and #1 .c. She said the problem she has with this is the accessory building.
Mr. Lawless said he would be willing to give up the accessory building. He said he just needs room
inside his dumpster enclosure to put the piece of equipment.
Chairman Creighton asked if there is a way to house the pressure washer without building the
accessory building. Mr. Lawless said he is sure there is a way. He said he does not know oft'the
top of his head, but that is something they could look at.
Vice-Chairman Peebles suggested for the Commission to approve it without the accessory building
and give the applicant and staff the opportunity to research whether or not the pressure washer can
be kept inside the main building and take those findings to City Council with them.
Chairman Creighton said she realizes there is a commercial building close by which has an accessory
building behind it, and she was adamantly opposed to that request when it came in. She does not
think it is compatible with what is trying to be done with the commercial areas in Southlake. She
personally does not want to see retail establishments with storage buildings accumulated behind
them. She would be much happier with this plan if they could find a solution other than the storage
building.
Mr. Lawless said they are willing to see if they can come up with another solution.
Chairman Creighton opened the Public Heating.
deft Wang, 595 $. Kimball, $outhlake, Texas, said he is also representing his neighbors, the
Johnsons, tonight. He said he is not opposed to Chick-fil-A being at this location, but he wanted to
bring up several concerns. He said he and the Johnsons have not been contacted regarding this
request and expressed his disappointment in the SPIN process. He raised concerns about traffic at
the Southlake Boulevard/Kimball Avenue intersection and traffic along South Kimball Avenue. He
said with the new school going in across the street and the stadium going in south of him, them will
be an increase in traffic from what is there today. He said there will also be school buses going up
and down Kimball Avenue. He said being so close to commercial and industrial properties, they also
get construction trucks and cement tmcks going up and down Kimball Avenue all of the time. Mr.
Wang said he understands the driveway on Kimball Avenue was approved with a previous plan and
probably cannot be moved, but he questioned whether or not the use of the driveway can be changed
Planning and Zoning Commission Meeting Minutes on October 21, 1999 Page 4 of 9
1 such as making it right-in/right-out. He said the driveway on Kimball Avenue is too close to the day
2 care driveway, and there is a hill there. He said again he is not opposed to Chick-fil-A itself, but he
3 is worried about the traffic. He said there are only 15 homes in SP1N #7 and most of the property
4 is commercial so no one else really cares but the homeowners on South Kimball Avenue. He said
5 he would have liked to have seen this plan earlier and talk to the applicant about his concerns. He
6 said he went to a school board meeting, and they said they are going to put in a street going from
7 Southlake Boulevard through the school's property to South Kimball Avenue. He said this is going
8 to increase traffic even more because people will use that street as a cut-through to State Highway
9 26. He said the Kimball driveway is 26' wide and is not wide enough to be a full service driveway;
10 he questioned whether or not Chick-fil-A could widen it.
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
43
Vice-Chairman Peebles asked how they are on parking spaces. Mr. Killough said he thinks they are
right at the minimum number of spaces. Vice-Chairman Peebles asked if the Commission can give
them a 10% reduction, and Mr. Killough said they could at the applicant's request. Vice-Chairman
Peebles said if they could eliminate one parking space, it would give them an additional 8' in the
driveway.
Chairman Creighton asked if there were driveway variances and stacking depth variances granted
on this site, and Mr. Killough said yes - at the time of Concept Plan approval.
The Commission discussed various options regarding increasing the stacking depth and increasing
the width of the Kimball driveway.
Vice-Chairman Peebles suggested eliminating the western-most parking space on the south property
line, moving the dumpster nine feet to the east and extending the green space over to that point. He
also suggested eliminating the southern-most parking space on the west property line which would
give them an additional eight or nine feet on the driveway which would be approximately 34' to 35'.
Mr. Wang said he thinks that will improve the situation. He said that addresses many of his
concerns, but he would have liked the opportunity to discuss these concerns with the applicant before
this meeting. Mr. Wang said he would like to be the SPIN #7 representative next year.
Vice-Chairman Peebles told the applicant he is not that concerned on which parking spaces they
have to remove to accomplish the goal; he would just like to instruct the applicant to increase the
Kimball driveway to 35' and move the dumpster 10' to the east and let them work out the
particulars.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 10-21-99, tape 1, section #1532)
Mr. Lawless said they are very interested in trying to make this work for everyone and be good
neighbors. He said they had to accept the driveway where it is currently located. He proposed to
Planning and Zoning Commission Meeting Minutes on October 21, 1999 Page 5 of 9
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
43
move the driveway a little closer to Southlake Boulevard and straightening the driveway up a little
across the back.
Chairman Creighton asked if the number of parking spaces is of great concern to them. Mr. Lawless
said they typically ask for 60 parking spaces for this size building, and they are only at 54 spaces
right now so they are already 11 spaces short of their preferred number of spaces.
Vice-Chairman Peebles said it is getting to the point to where he is a little uncomfortable sending
this forward to City Council without coming back to P&Z, but he will defer to the Commission. He
asked how the Commission feels about it.
Commissioner Sandlin said he does not want to see this come back.
Chairman Creighton said she would hope whatever motion is made would not include the accessory
building because the applicant has agreed to look at other alternatives.
Commissioner Boutte said it would have been nice if there had been a SPIN meeting.
Mr. Lawless said they did contact the SPIN representative for this area. He said Andy Gerdes went
by the SPIN representative's house and left a package of information similar to what the
Commission received. He said they were prepared to meet with the SPIN group.
Commissioner Boutte said he would ask that they meet with neighbors before this item goes to City
Council if the Commission sends it forward tonight.
Mr. Lawless said he would prefer to move forward, and he has no problem in trying to set up a
meeting with the neighbors between this meeting and the November 2 City Council meeting.
Commissioner Shankland said he does not want to hold up the applicant any longer than they have
to. He said the applicant has agreed to widen the driveway, increase the stacking depth, and
eliminate the accessory building. He does not see any reason not to move them forward.
Commissioner Shankland said he understands staff now sends out certified mail notifications and
regular mail notifications, and this case seems to be a good example of the need to further extend
the notification area maybe to 500'. He asked if them is a guideline staff uses in order to decide
when to notify further than the 200'.
Mr. Killough said staff is still notifying at 200', and he thinks the ordinance would need to be
changed in order to begin notifying outside that 200' notification area.
Vice-Chairman Peebles said the 500' notification issue was discussed by the Commission two weeks
ago, and it was his understanding in the discussions with staff that City Council was already
considering this item. He said the Commission agreed to defer to City Council since they were
Planning and Zoning Commission Meeting Minutes on October 21, 1999 Page 6 of 9
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
43
already in charge of the item and let them make the decision.
Commissioner Shankland asked if there is a limit the notifications are required to stay beneath. Ms.
Drayovitch said you can go beyond 200'. She said the law, the statute, and the City's ordinance
currently require 200'. She said one of the things discussed a couple of weeks ago was a variable
notice depending on the nature of the neighborhood and the nature of the request, and that was what
she cautioned against. She said the City should not be put into a position of making a discretionary,
arbitrary decision like that. She said the City Council can direct staff to send out notifications at
400' or 500', for example, without an amendment of the ordinance if it is a policy, but she does not
think those notices would have to be certified mail like the 200' notifications.
Chairman Creighton said where there is a residential neighborhood nearby, maybe staff could
impress upon the applicants the importance of having a SP1N meeting.
Mr. Lawless said he has agreed to remove the accessory room, but he still has to keep the power
washer out by the dumpster. He said he is still going to need a little bit of room, but it will not be
an entire storage area. He just wanted to make sure he still has the space to push the washer in there
and somehow find a way to cover it up maybe with a Rubbermaid container or something.
Commissioner Home said if he is not allowed to protect the power washer somehow, then they will
have to keep replacing it. He asked Mr. Lawless how he intends to protect it.
Mr. Lawless said that is something they will have to look at. He needs to meet with their architect
to see what can be done.
Vice-Chairman Peebles suggested that since the applicant wants to match Taco Bueno's wall they
should take a picture of it to City Council to give them a better idea of what is being discussed. Mr.
Lawless agreed.
Mr. Lawless suggested they could remove the storage room door from the front of the dumpster
enclosure and put it inside the dumpster enclosure; the person driving by would not be able to tell
it is a storage area.
Vice-Chairman Peebles said he just wants the entire dumpster enclosure to be as small as possible.
Chairman Creighton agreed and said if this case leaves P&Z with no accessory building, then the
applicant can go to City Council with his drawings and show City Council what they are proposing.
Mr. Lawless said right now the dumpster enclosure is designed for two dumpsters, one is a standard
dumpster and one is for recycling. He said he could eliminate one dumpster which would make the
dumpster enclosure smaller. He said the storage facility would still be there but from a size
standpoint, the enclosure would be smaller.
Chairman Creighton said the Commission is intending for them to have a normal-sized dumpster
Planning and Zoning Commission Meeting Minutes on October 21, 1999 Page 7 of 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
~ 23
24
25
area with no storage room but said they could come up with some depictions or drawings of how
they intend to protect the power washer and take those drawings to City Council.
Mr. Killough asked them if they would have their recycle bin somewhere else on site. Mr. Lawless
said no; they just would not be able to recycle.
Motion was made to approve ZA 99-087 subject to Site Plan Review Summary No. 3, dated
October 15, 1999, waiving Item #1.a (provide an enclosed pitched roof); noting the applicant's
willingness to eliminate the accessory building next to the dumpster; straightening and widening the
Kimball driveway to 35'; acknowledging the applicant's willingness to add additional green space
if he is able to diminish the size of the dumpster; recommending for the applicant to take pictures
of the split-faced block to City Council; recommending the applicant take pictures of their alternate
proposal for storage of the power washer to City Council; and acknowledging the applicant's
willingness to meet with the neighbors before City Council.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Shankland
Boutte, Peebles, Shankland, Home, Sandlin, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 10-21-99, tape 1, section #2760)
AGENDA ITEM #6, ZA 99-083, REVISED SITE PLAN FOR PROPOSED LOTS 2 AND 3,
26
27
28
29
GATEWAY PLAZA ADDITION:
This item was withdrawn by the applicant.
AGENDA ITEM #11, ZA 99-023, REVISED CONCEPT PLAN FOR THE SHOPS OF
3O
31
32
33
34
35
36
37
38
39
40
41
42
43
SOUTHLAKE:
Chairman Creighton said the Public Hearing for this item was left open at a previous meeting. She
asked if anyone in the audience would like to speak on this item. No one in the audience stepped
forward to speak. Chairman Creighton closed the Public Hearing.
Motion was made to take no action on ZA 99-023 due to the action taken by the Zoning Board of
Adjustment on October 14, 1999.
Motion:
Second:
Ayes:
Nays:
Approved:
Peebles
Home
Peebles, Sandlin, Boutte, Peebles, Shankland, Creighton
None
6-0
Motion carried.
Planning and Zoning Commission Meeting Minutes on October 21, 1999 Page 8 of 9
1 (Planning and Zoning Commission meeting, 10-21-99, tape 1, section #2846)
2
3 Chairman Creighton called for a break at 8:23 p.m.
4 Chairman Creighton called the meeting back to order at 8:36 p.m.
5
6 AGENDA ITEM #7, CONSIDERATION OF PROPOSED CHANGES TO ZONING ORDINANCE
7 NO. 480, SECTION 34, ACCESSORY USES:
8 AGENDA ITEM #8, DISCUSSION OF RULES OF PROCEDURE:
9 AGENDA ITEM #9, DISCUSSION OF OPEN MEETINGS ACT:
10 AGENDA ITEM #10, DISCUSSION OF CONFLICT OF INTEREST:
11
12
13
14
15
16
17
18
19
20
21
22
~' 23
24
25
26
27
28
31
32
33
34
35
36
37
38
39
42
43
44
Motion was made to table Agenda Items #7, #8, #9, and #10.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Shankland
Shankland, Home, Sandlin, Boutte, Peebles, Creighton
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 10-21-99, tape 1, section #2908)
AGENDA ITEM #12, MEETING ADJOURNMENT:
Chairman Creighton adjourned the meeting at 8:38 p.m. on October 21, 1999.
(Planning and Zoning Commission meeting, 10-21-99, tape 1, section #2922)
ATTEST:
Lori A. Farwell
Planning Secretary
N:\Community Developmcnt\WP-FILES\MTGWIIN\ 1999\ 10-21-99.DOC
Planning and Zoning Commission Meeting Minutes on October 21, 1999 Page 9 of 9