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1999-11-04 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 November 4, 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: Debra Drayovitch, City Attorney; Karen Gandy, Interim Planning Director; Dennis Killough, Senior Current Planner; Ed McRoy, Current Planner; Malcolm Jackson, Administrative Operations Coordinator; Charlie Thomas, City Engineer; Art Wright, Zoning Assistant; and Loft Farwell, Planning Secretary. Chairman Creighton called the meeting to order at 6:36 p.m. There was no Work Session held. Commissioner Home did not arrive until after the vote was called for the minutes. AGENDA ITEM #2, APPROVAL OF MINUTES: Chairman Creighton opened discussion of the minutes of the Planning and Zoning Commission meeting held on October 21, 1999. Motion was made to approve the minutes of the Planning and Zoning Commission meeting held on October 21, 1999, as presented. Motion: Sandlin Second: Shankland Ayes: Sandlin, Boutte, Peebles, Shankland, King, Creighton Nays: None Abstain: King Approved: 6-0 Motion carried. (Planning and Zoning Commission meeting, 11-04-99, tape 1, section #0019) AGENDA ITEM #3, ADMiNISTRATIVE COMMENTS: Mr. Killough informed the Commission of a COG course offered to them on November 12, 1999, and asked them to contact Lori Farwell if they are interested in attending. (Planning and Zoning Commission meeting, 11-04-99, tape 1, section #0034) Planning and Zoning Commission Meeting Minutes on November 4, 1999 Page 1 of 11 Chairman Creighton said Agenda Item #4 is on the Consent Agenda and will not have a separate discussion unless a Commission member or citizen so requests. There was no request to remove it from the Consent Agenda. AGENDA ITEM #4, ZA 99-093, FINAL PLAT FOR EAGLE BEND ESTATES, PHASE 2: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 23 24 Motion was made to approve ZA 99-093 subject to Plat Review Summary No. 3, dated October 29, 1999. Motion: Second: Ayes: Nays: Approved: Peebles Shankland Boutte, Peebles, Shankland, King, Sandlin, Creighton None 6-0 Motion carried. (Planning and Zoning Commission meeting, 11-04-99, tape 1, section #0069) AGENDA ITEM #5, ZA 99-068, REZONING: Chairman Creighton said Item #5, ZA 99-068 has been tabled and the Public Hearing has been continued to the November 18 meeting. (Planning and Zoning Commission meeting, 11-04-99, tape 1, section #0085) AGENDA ITEM #6, ZA 99-092, SITE PLAN FOR SOUTHLAKE MARKETPLACE: 25 Current Planner Ed McRoy presented this item to the Commission for a Site Plan for Southlake 26 Marketplace, Phase III, on property legally described as Lots 5 and 6, Block 1, Southlake Crossing, 27 Phase II, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded 28 in Cabinet A, Slide 2425, Plat Records, Tarrant County, Texas, and being approximately 10.067 29 acres. The property is located on the south side of West Southlake Boulevard (F.M. 1709) 30 approximately 500' east of Davis Boulevard (F.M. 1938). The Current Zoning is "C-3" General 31 Commercial District. The Land Use Category is Retail Commercial. The Owner of the property is 32 Drews Realty Group. The Applicant is Michael F. Twichell, L.P. Eight (8) written notices were sent 33 to property owners within the 200' notification area, and one response was received and was in favor. 34 35 36 37 38 39 40 41 42 43 John Drews presented this item to the Commission. He made a correction to the introduction by staff: Drews Realty Group is not the owner of the property; Southlake Joint Venture is the owner. He discussed the requested variances with the Commission. Vice-Chairman Peebles suggested that Mr. Drews take pictures of the previous phases to City Council so they can see what the columns and the articulation actually look like on the other two phases. Mr. Drews agreed that would be a good idea. Mr. Drews asked for the Commission's opinion regarding the retail portion between Hobby Lobby Planning and Zoning Commission Meeting Minutes on November 4, 1999 Page 2 of 11 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 Albertson's. He said they have struggled with a way to meet the requirements of the ordinance and still have a decent looking section between the two buildings. Mike Twichell (project architect) said the two towers they have shown in this section are out of place and have an awkward appearance. He said they would like to keep the mansard straight across and take the towers out and asked the Commission for their opinion. (Planning and Zoning Commission meeting, 11-04-99, tape 1, section//0684) Commissioner Boutte asked Mr. Drews to sketch the Albertson's roof line for the Commission. Mr. Drews sketched it out and said he thinks the look of the Albertson's is more dramatic than what they have shown for the retail strip. Vice-Chairman Peebles said Mr. Drews is asking the Commission to make a decision based upon the Albertson's that is not on the picture. He said when Mr. Drews goes to City Council, it might be helpful to them to see a picture of the Albertson's. Mr. Twichell agreed and said he would like to take some pictures, scan them into the computer, and show them alongside the current drawing. Mr. Drews apologized and said they did not think of this before 5:30 today. Vice-Chairman Peebles said he likes the roofline broken up better than straight across. He said there may be a better way to break it up than what is currently shown, but he cannot say for sure because the rest of the shopping center is not shown. Commissioner King said he does not like it flat across, either, but he is not sure what the answer is. He said whether they put a tower on each of the two flat areas or whether they should move it to the middle and have one tower, he likes it broken up somehow. Commissioner Sandlin said he thinks it would accomplish the Commission's goal to leave Item//1.b in and to not give the applicant a variance on that item. Vice-Chairman Peebles asked staff when the applicant would need to submit revised plans and what agenda they would need to be tabled to. Mr. Killough said they would need to submit new plans by November 15 in order to make the December 9 meeting. Commissioner Sandlin asked for an explanation of the bufferyard variance. Mr. McRoy said the current bufferyard regulations do not contemplate large, multi-lot development; it typically deals with a single lot at a time. He said in a large shopping center, lot lines are fairly arbitrary in nature and typically businesses manipulate them to fulfill the parking needs of the business. He said they have proposed to take the same planting materials that would normally be placed along the lot lines and place them elsewhere on the site. Planning and Zoning Commission Meeting Minutes on November 4, 1999 Page 3 of 11 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 4O 41 42 43 Commissioner Shankland said the landscaping ordinance has changed since the first two phases were completed and asked if the applicant would be required to maintain the landscaping in this phase in perpetuity. Mr. Killough said yes. Commissioner Shankland said the shrubs in the Albertson's center are just balls of roots sitting on top the ground; he is supposed live at all. He has talked to the merchants about it, and they are embarrassed of the current landscaping. He said it looks hideous. Mr. Drews said they have changed landscape companies recently, and he thinks there will be an improvement. Commissioner Shankland asked Mr. Drews if he would be willing to maintain the existing plantings as he will the plantings in the new section. Mr. Drews said he cannot make that commitment. He said both of those phases are different entities. He said he manages them, but he does not own them. Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Creighton closed the Public Hearing. (Planning and Zoning Commission meeting, 11-04-99, tape 1, section #1429) Chairman Creighton asked the Commission what they think about tabling this item or sending it forward. Mr. Drews said if they get delayed that long, it will push them into a default of the lease with Hobby Lobby. He said if that is what is going to happen, he will have to do whatever it takes and not ask for any variances. He does not have any choice. He said they cannot do this center without Hobby Lobby because they are the anchor. Vice-Chairman Peebles said he would just as soon give him some relief on some of the requested variances. He said the reason he was wanting it to come back was simply because City Council has expressed a concern that some of the applicants do not make the changes discussed at P&Z and go on to Council without them. He said if it is going to be passed tonight, the Commission should do their best to clean it up. Chairman Creighton said the difficulty for her is trying to determine which of the various articulation options make the most sense. Connnissioner Sandlin said he does not have a problem going ahead and acting on it tonight, but he is not interested in granting several of the requested variances. He understands the parking variance, the masonry construction variance, and the bufferyard variance; those are the three he has a clear picture of. He said he is not at all comfortable granting a variance to Items #1.a and #1.b. Commissioner Shankland said he would just as soon pass it without the variances, let it go on to City Council, and let them see a better presentation with pictures. Commissioner King agreed with the previous comments. He said due to the time constraints, the Planning and Zoning Commission Meeting Minutes on November 4, 1999 Page 4 of 11 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 applicant is willing to go forward without the variances. He agrees with the three variances mentioned by Commissioner Sandlin. Commissioner Boutte asked if they were grandfathered in on the dumpster for the retail strip west of Albertson's. Mr. Killough said the ordinance that was in place at that time required fence or plant material screening only. Commissioner Boutte said there is a dumpster there with a fence on two sides and open on two sides. Commissioner Boutte said the gates are always left open on the dumpster at the CiCi's retail strip center. Mr. Drews said he has had a problem with weight of the gates; they are not easy to handle. He said they are getting ready to replace those so they will be lighter. Motion was made to approve ZA 99-092 subject to Site Plan Review Summary No. 3, dated October 29, 1999, deleting Items #1.c (masonry construction), #2.a (parking spaces), and #3 (bufferyards). Motion: Sandlin Second: Home Vice-Chairman Peebles urged the applicant to take photos of the Albertson's center to City Council with them. He also asked them to show the Albertson's center on the color drawings they take to City Council. With respect to the area between Hobby Lobby and Albertson's, he asked them to take two different examples to Council - the first showing the one colmnn in the middle and the second showing two columns with pitched roofs. Ayes: Peebles, Shankland, King, Home, Sandlin, Boutte, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 11-04-99, tape 1, section #1818) AGENDA ITEM #7, ZA 99-102, SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC 34 BEVERAGES FOR ON-PREMISE CONSUMPTION PER ZONING ORDINANCE NO. 480, 35 SECTION 45.1 (1) FOR BLUE BAMBOO CHINESE BISTRO: 36 Current Planner Ed McRoy presented this item to the Commission for Specific Use Permit for the 37 sale of alcoholic beverages for on-premise consumption per Zoning Ordinance No. 480, Section 45.1 38 (1) on property legally described as Lot 2, Block 1, 1709 Southlake Oaks Addition, an addition to 39 the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 40 3231, Plat Records, Tarrant County, Texas, and being approximately 1.8685 acres. The property is 41 located at 480 W. Southlake Boulevard, Suite 101, being on the north side of West Southlake 42 Boulevard approximately 400' east of Shady Oaks Drive. The Current Zoning is "C-2" Local Retail 43 Commercial District. The Land Use Category is Retail Commercial. The Owner of the property is Planning and Zoning Commission Meeting Minutes on November 4, 1999 Page 5 of 11 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 1709 Southlake Oaks, Ltd. The Applicant is Uni-Foods, Inc. Six (6) written notices were sent to property owners within the 200' notification area, and no responses were received. Michael Kale presented this item to the Commission. He said they are planning to open at the end of February. Commissioner Home asked what type of alcohol they intend to have. Mr. Kale said they are only asking for wine and beer at this point. He said they do not know the restrictions of that property so they are only asking for beer and wine. Mr, Killough said the Specific Use Permit is for on premise consumption of any type of alcohol. Commissioner Sandlin asked staffto refresh his memory about placing time limits on Specific Use Permits. Ms. Drayovitch said in the past the Commission has approved SUPs with a time limit, but those have not been approved when the permit was granted at City Council. 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, 11-04-99, tape 1, section #2118) Motion was made to approve ZA 99-102. Motion: Boutte Second: Sandlin Vice-Chairman Peebles said anytime the Commission is confronted with an SUP that involved any type of nuisance such as pets and alcohol, he is not going to approve an SUP without a time limit on it. Commissioner Home asked if the motion is going to be amended to include a time limit. Commissioner Boutte asked if the SUP goes with the business or with the land. Ms. Drayovitch said with the land. Vice-Chairman Peebles asked if there is a 50% role so that if50% of the revenue is not coming from alcohol, the property does not have to be rezoned. Mr. Killough said he believes it is 75%. Commissioner Boutte said he could see his way clear of amending his motion to include a three year limitation. Commissioner Home said he agrees with Vice-Chairman Peebles in that the City should be able to revisit this in three years. Planning and Zoning Commission Meeting Minutes on November 4, 1999 Page 6 of 11 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 4O 41 42 43 Chairman Creighton said the Commission has placed time limitations on SUPs before and every single time one goes forward to City Council, it gets removed. Vice-Chairman Peebles said he does not see what difference that makes. He said the Commission has the right, duty, and obligation to vote their conscience and do what they think is in the best interest of the city, as does the City Council. He said if the City Council chooses to ignore, disregard, or have a difference of opinion with what the Commission is trying to do with these SUPs, that is fine. He does not think the Commission would be doing their job if they tried to do everything like the Council wanted because then there would not be a need for a Commission. 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 7:50 p.m. and ended at 8:05 p.m. Chairman Creighton called the meeting back to order at 8:07 p.m. and asked the City Attorney if there was any action necessary as a result of the Executive Session, and the City Attorney said no. (Planning and Zoning Commission meeting, 11-04-99, tape 1, section #2300) Vice-Chairman Peebles asked the applicant if his financing is dependent upon him getting this SUP. Mr. Kale said no. Vice-Chairman Peebles said it has come to his attention that putting time limits on the SUPs may jeopardize some financing agreements. He said if that is the case with a particular applicant, he would like to know it at this level because he might be more inclined to extend the SUP for the term of the financing. Chairman Creighton asked Mr. Kale what the term of his lease is. Mr. Kale said it is six years with a five year option. Commissioner Boutte said he would like to amend his motion to place a time limit of seven years on the SUP. Motion was made to approve ZA 99-102 placing a time limit of seven years from the date of issuance of the Certificate of Occupancy. Motion: Boutte Commissioner King said he thinks seven years is appropriate. He thinks putting a time limit on SUPs which bears resemblance to the terms of the lease would be an appropriate amount of time. Commissioner Sandlin said he was comfortable with the first motion and he is not comfortable with the amendment so he thinks it would be proper for someone else to second it. Commissioner Shankland said he is not going to vote for this either. He said Council's wishes have been made clear, and this issue has been discussed. He cannot vote for this if there is a time limit Planning and Zoning Commission Meeting Minutes on November 4, 1999 Page 7 of 11 on it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Chairman Creighton said she would be opposed to a short term because she does not think that is particularly fair to an applicant who has invested lots of time and energy in a business. Second: Peebles Ayes: King, Boutte, Peebles, Creighton Nays: Shankland, Home, Sandlin Approved: 4-3 Motion carried. (Planning and Zoning Commission meeting, 11-04-99, tape 1, section #2691) Chairman Creighton said she had a request to hear the ordinances in a different order than they are on the agenda. She said she will hear Item #10 first. AGENDA ITEM #10, DISCUSSION OF ORDINANCE NO. 585-B, REVISIONS FOR THE REGULATIONS OF TREE PRESERVATION ORDINANCE NO. 585-A: 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 Malcolm dackson presented this ordinance to the Commission and described the proposed changes to them. He asked for the Commission's guidance in the direction staff should take on those items that rest before them and also whether or not there are other items that have not yet been addressed. He said they will take this information back and work with the City Attorney and bring forth an ordinance for consideration. Vice-Chairman Peebles thanked Mr. Jackson and Councilmember Edmondson for working so diligently on this ordinance. Commissioner Sandlin said he worked on the original Tree Ordinance and has read through these new changes. He said everything they have come up with is still in the spirit of the original ordinance. He does not see anything contrary to what they were trying to accomplish, and it looks like they are just trying to clean up. Commissioner Horne raised the issue of who should ultimately be responsible for any fines: the developer, the builder, the contractor, or the homeowner. Commissioner Home brought up the possibility of requiring a bond. Chairman Creighton asked if anyone in the audience would like to speak on this item. Lisa Stokdyk brought several pictures of trees for the Commission to look at. She said most of the photos were taken in Kirkwood Hollow, and she is appalled at what she has seen in that neighborhood. Planning and Zoning Commission Meeting Minutes on November 4, 1999 Page 8 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 (Planning and Zoning Commission meeting, 11-04-99, tape 1, section #3882) Vice-Chairman Peebles said he is glad Ms. Stokdyk brought these pictures because one of them in particular demonstrates his concern about the definition of Drip Line. He said the Landscape Administrator should be able to define what the true canopy root zone would be if it were a full canopied tree. Mr. Jackson told the Commission he appreciated their input and said he would have the ordinance back to them for consideration as soon as possible. (Planning and Zoning Commission meeting, 11-04-99, tape 1, section #4400) AGENDA ITEM #11, DISCUSSION OF ORDINANCE NO. 480-JJ, REVISIONS TO THE 14 COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, REGARDING THE 15 REGULATIONS ON IMPERVIOUS COVERAGE IN THE NON-RESIDENTIAL ZONING 16 DISTRICTS, AND CORRECTiNG LANDSCAPING REGULATIONS iN THE ORDINANCE NO. 17 480 TO REMOVE ANY CONFLICT WITH THE PROVISIONS OF LANDSCAPE ORDINANCE 18 19 20 21 22 ~ 23 24 25 26 27 28 29 30 NO. 544-A: Karen Gandy presented this item to the Commission. She said the attorneys are crafting some variance language that would allow applicants to come back to the Commission and the City Council in order to get approval on impervious coverage above 75%. The Commission discussed the proposed changes. Chairman Creighton asked if anyone in the audience would like to speak on this item. No one stepped forward to speak. (Planning and Zoning Commission meeting, 11-04-99, tape 1, section #4876) AGENDA ITEM #9, ORDINANCE NO. 480-II, REVISIONS TO THE COMPREHENSIVE 31 ZONING ORDINANCE NO. 480, AS AMENDED, REGARDING REGULATIONS ON 32 CARPORTS, COVERED PARKING, AND PARKING GARAGES ON NON-RESIDENTIAL 33 34 35 36 37 38 39 40 41 42 43 PROPERTY: Karen Gandy presented this item to the Commission. Ms. Gandy said this is a project currently being worked on. Ms. Gandy asked the Commission if they think she is going in the fight direction on this ordinance. Chairman Creighton said she thinks it is getting there. She said one of her concerns is regarding articulation. Ms. Gandy asked that the Commission strike the following words from the carport section and the structured parking section regarding articulation: Planning and Zoning Commission Meeting Minutes on November 4, 1999 Page 9 of 11 "Any exterior faCade ':.'?.:'cE is v~.s~.b!e _rr. em S.H. ! !~, S.H. !799, F.M. !92~, er *Ze east ef Ca~e!! A-.,en'_'e between S.H. ! id ~_d F.M. 1799 shall comply with Section 43.13.d." 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Sandlin said this ordinance seems to address a lot of the problems the Commission has experienced with carports; it makes it clear cut as to what the applicant can and cannot do. Commissioner Shankland asked ifa carport is included in the impervious coverage calculations. Ms. Gandy said more than likely the parking lot is already in and has been included in that calculation. Commissioner Boutte asked what a structure with three sides and no door would be called; he questioned if it would be considered a garage or a carport. He said it seems to him someone who wanted a carport but wanted to get around all of these new regulations would add the third side, and they would not be required to have a pitched roof. Ms. Gandy said she will work on the carport description regarding the full enclosure aspect versus open air. The Commission discussed the maximum number of parking spaces that may be covered by a carport and agreed to "the lessor of four spaces or 30% of the required parking." In discussing parking garages - compact parking spaces, Ms. Gandy recommended adding the words, "If P~mi~di no compact parking space shall be less than eight and one-half (8 ½) feet in width by eighteen (18) feet in length." The Commission agreed to change the words "one car length" to "twenty (20) feet" in the Egress Section under Section 2, Parking Garages. Ms. Gandy said she would like to change the word "retail" to "commercial" under Section 4, Parking Garages. Vice-Chairman Peebles asked if the definition of parking garage is broad enough to include the Miron Drive garage. Ms. Gandy said she will look at that further. (Plarming and Zoning Commission meeting, 11-04-99, tape 1, section #7194) Commissioner Home asked if lighting has been addressed. Ms. Gandy said she would be happy to follow up with Malcolm Jackson on that, but she feels certain the new Lighting Ordinance will take care of it. Ms. Gandy said she will bring this ordinance back to the Commission at their next meeting. Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Creighton left the Public Hearing open. Planning and Zoning Commission Meeting Minutes on November 4, 1999 Page 10 of 11 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 31 32 33 34 35 36 37 38 39 42 43 44 45 (Planning and Zoning Commission meeting, 11-04-99, tape 2, section #0116) Chairman Creighton said Item #8, Ordinance No. 480-HH, has also been requested to be tabled to the November 18 meeting. Motion was made to table Ordinance No. 480-HH and Ordinance No. 480-II and to continue the Public Hearings to the November 18, 1999, Planning and Zoning Commission meeting. Motion: Second: Ayes: Nays: Approved: Sandlin Shankland King, Home, Sandlin, Boutte, Peebles, Shankland, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 11-04-99, tape 2, section #0130) Ms. Gandy reminded the Commission of the Joint Work Session with City Council on December 2 at 6:00 p.m. AGENDA ITEM #12, MEETING ADJOURNMENT: Chairman Creighton adjourned the meeting at 10:03 p.m. on November 4, 1999. (Planning and Zoning Commission meeting, 11-04-99, tape 2, section #0150) Ann Creighton Chairman ATTEST: Planning Secretary N:\Community Development\WP-FILES\MTG\MINM 999\11-04-99.DOC Planning and Zoning Commission Meeting Minutes on November 4, 1999 Page 11 ofll