1998-08-20 P&Z Meeting 1
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REGULAR PLANNING AND ZONING
COMMISSION MEETING
August 20, 1998
COMMISSION PRESENT: Chairman Ann Creighton; Vice-Chairman James Murphy; and
Commissioners Rob Jones, F. C. LeVrier, C. D. Peebles, Mike Sandlin, and Keith Shankland
COMMISSION ABSENT: None
CITY STAFF PRESENT: City Attorney Debra Drayovitch, Senior Planner Dennis Killough, Senior
Comprehensive Planner Chris Carpenter, Staff Engineer Angela Turner, Community Development
Secretary Lori Farwell
Chairman Creighton called to order the meeting and stated the Commission would be going into
Executive Session. The Executive Session started at 6:16 p.m. and ended at 6:54 p.m.
There was no Work Session held.
(Chairman Creighton stepped away from the meeting.)
The meeting was called back to order by Vice-Chairman Murphy at 7:07 p.m. He asked if there was
any action necessary as a result of the Executive Session, and City Attorney Debra Drayovitch stated
there was not.
AGENDA ITEM #2. APPROVAL OF MINUTES:
Vice-Chairman Murphy opened discussion of the minutes of the August 6, 1998, Planning and
Zoning Commission meeting.
Motion was made to approve the August 6, 1998, Planning and Zoning Commission meeting
minutes, as presented.
Motion: Jones
Second: LeVrier
Ayes: LeVrier, Peebles, Shankland, Jones, Murphy
Nays: None
Abstain: Sandlin
Approved: 5-0-1
Motion carried.
(Planning and Zoning Commission meeting, 08-20-98, tape 1, section #0048)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
There were no Administrative Comments.
Planning and Zoning Commission Meeting Minutes on August 20, 1998 Page 1 of 20
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AGENDA ITEM #5. ZA 98-084. REZONING. AND
AGENDA ITEM #6. ZA 98-085. PLAT SHOWING OF LOTS 13 AND 14. T. M. HOOD NO. 706
ADDITION:
Motion was made at the applicant's request to table and to continue the Public Hearing to the
September 3, 1998, Planning and Zoning Commission meeting.
Motion: LeVrier
Second: Sandlin
Ayes: LeVrier, Peebles, Shankland, Jones, Sandlin, Murphy
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 08-20-98, tape 1, section #0088)
AGENDA ITEM #4. ZA 98-062. REZONING AND SITE PLAN FOR PARK PLACE PET
HOSPITAL:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Zoning Change on property legally described as Lot 1R2, Block A, Commeme Business Park, an
addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet
A, Slide 2552, Plat Records, Tarrant County, Texas, and being approximately 0.78 acres. The
property is located on the south side of East Southlake Boulevard (F.M. 1709) approximately 180'
east of Commerce Street. The Current Zoning is "I-1" Light Industrial District. The Requested
Zoning is "C-2" Local Retail Commercial District. The Land Use Category is Retail Commercial.
The Owner and Applicant is Park Place Pet Hospital. Seven (7) written notices were sent to property
owners within the 200' notification area, and three (3) responses were received with one (1) being
in favor and two (2) being opposed.
Dr. Tom Holbrook, 2100 West Northwest Highway, Suite 207, Grapevine, Texas, presented this item
to the Commission. He said he resolved the problem with the cross access easement on the west side
by simply eliminating the access.
Commissioner Peebles asked Dr. Holbrook if he would be willing to eliminate the chive on the west
side and make it all grass and landscaping. Dr. Holbrook said he could do that, but he would still
like to have a sidewalk on the west side. He said the only problem he has with the Staff Review
Summary is Item #1 regarding the driveways and stacking depths.
Vice-Chairman Murphy opened the Public Heating. No one in the audience stepped forward to
speak. Vice-Chairman Murphy closed the Public Hearing.
(Chairman Creighton returned to the meeting.)
Commissioner Shankland stated the fact that Dr. Holbrook is willing to work with the Comanission
and leave the west side as a bufferyard will be a good thing for the whole site.
Planning and Zoning Commission Meeting Minutes on August 20, 1998 Page 2 of 20
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Commissioner Shankland stated he is worried about the straight "C-2" zoning. He said if the
Commission recommends this zoning, there are many uses other than a pet hospital that would be
permitted on this site.
Chairman Creighton agreed saying that she is most concerned about the parking and access issues
with some of the permitted "C-2" uses. She said that one solution would be for the applicant to
request an "S-P-l" zoning district with limited "C-2" uses. She said that the proposed driveway and
parking configuration makes perfect sense for a pet hospital, but does not make sense for some of
the more intense uses permitted in the "C-2" district.
Dr. Holbrook stated that he would not have any problem with that. He asked the Commission to
make the change to "S-P-1 ".
Commissioner LeVrier stated that there are 28 parking spaces required and there are 30 shown. He
asked Mr. Holbrook to eliminate the northwest and the southwest end spaces which would allow the
adjacent spaces more room to back out. Commissioner LeVrier drew his changes on the plan and
asked Dr. Holbrook if he agreed, and Dr. Holbrook stated that he did agree.
Motion was made to approve ZA 98-062, subject to Site Plan Review Summary No. 3, dated August
14, 1998, accepting Item #1 a (stacking depth) and Item #lb (driveway spacing) as shown; accepting
the applicant's agreement to eliminate two (2) parking spaces on the west side; accepting the
applicant's agreement to remove the west drive and leave the west side as green space; accepting fire
lane 'A' as shown on tonight's submission; and accepting applicant's request to amend this request
to "S-P-1" Detailed Site Plan District with the "C-2" use listed in Zoning Ordinance No. 480, Section
21.2.17 (small animal hospital) only.
Motion: Jones
Second: Shankland
Ayes: Peebles, Shankland, Jones, Murphy, Sandlin, LeVrier, Creighton
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-20-98, tape 1, section #0712)
AGENDA ITEM # 7, ZA 98-087. SITE PLAN FOR KIMBALL CROSSING:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Site Plan for Kimball Crossing on property legally described as Lot 1R3, Block 1, Kimball/1709
Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded
in Cabinet A, Slide 2374, Plat Records, Tarrant County, Texas; Tracts 1R3A, 3B2, 3B3, 3B3A,
3B3A1, 3B3B, 3B3B1, 3F, and 3F4, situated inthe Samuel Freeman Survey, Abstract No. 525; Lots
lC, ID, 1E, 2B, and a portion of Lot 2A, W. E. Mayfield Subdivision; and a portion of Bluebonnet
Drive; and being approximately 17.5354 acres. The property is located north of East Southlake
Boulevard (F.M. 1709), east of North Kimball Avenue, and approximately 300' south of State
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Highway 114. The Current Zoning is "C-3" General Commercial District. The Land Use Category
is Retail Commercial and 65 & 75 LDN Overlay Corridors. The Owners of the property are
Bluebonnet Road Partners, Ltd.; Cavallino Properties, Ltd.; Four Bear Creek Associates, a Texas
Joint Venture; Conner Lam; and Southlake Shopping Village, Ltd. The Applicant is Lowe's
Companies, Inc. Twenty (20) written notices were sent to property owners within the 200'
notification area, and one (1) response was received which was opposed.
Jim Meara ~he Meara Company) 8150 N. Central Expressway, Dallas, Texas, stated that he is a
real estate broker who is representing Lowe's Companies, Inc., on the land transaction. He
introduced the consultants for this item.
Marc Millis (Site Coordinator - Lowe's Companies, Inc.) gave a brief overview of Lowe's to the
Commission. From the original meetings, he said there were three (3) main issues they felt that staff
and citizens wanted Lowe's to address: the big box appearance, the close proximity to their
competition, and the enabling and saving trees and landscape on the site. He said he believes they
have addressed these issues and concems and, hopefully, exceeded them in some areas. To address
the big box issue, he said they incorporated several small peaks across the front to give the
appearance of small specialty shops. To address the preservation of trees, he pointed out the areas
where they are saving the existing trees. To address the issue of proximity of their competition, he
said they have done extensive research in this area. He said they have approximately 50 stores where
they are either across the street from or in close proximity to a major competitor and have turned
profits in basically every store. To his knowledge, he said Lowe's has never closed a store due to
direct competition.
Mich Franklin (Lowe's Companies, Inc.) stated they do not intentionally go into a market looking
to put anybody out of business or for their competition to put them out of business. He said they
look to see if there are enough households to run their facilities successfully. He said they do not
expect Home Depot to go out of business; they expect there to be enough business for both of them.
(Planning and Zoning Commission meeting, 08-20-98, tape 1, section #1522)
Scott Mann (Adams Consulting Engineer's, Inc.) reviewed the Staff Comments and discussed the
exceptions being requested. He stated they will comply with Item #7 (parking spaces and islands),
bm asked that the Commission refer to Exhibit 'A' as to the location of the parking islands. He asked
that the Commission refer to Exhibit 'B' regarding Item #8.a.2.a (northeast driveway). He asked the
Commission to allow Items #8.a.2.b (temporary drive on S.H. 114) and #8.a.2.c (existing north
driveway on Kimball) as shown.
Commissioner Peebles asked how they feel about eliminating the temporary access drive referred
to in Item 8.a.2.b.
Mr. Mann stated they would like to have it. He said there is an existing curb cut at this location
which is now Bluebonnet Drive.
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Dick LeBlanc (Hanover Property Company) stated that the existing McDonald's has a contractual
access agreement for their drive on Kimball Avenue. He said it is a pre-existing condition that is
in place, and he cannot do anything about that.
Mr. Mann asked for a variance to Item #8.b.1 (500' driveway spacing on F.M. 1709) and Item #8.b.2
(200' driveway spacing on Kimball Avenue).
Mr. LeBlanc stated that Item #8.b.2 is referring to an agreement between Conner Lam and the City
of Southlake. He stated that the drive shown is north of where the drive would be on Mr. Lam's
property. He stated that the drive shown on their plan would be in lieu of the drive referred to in Mr.
Lam's contract.
Conner Lam, 1280 Post Oak, Southlake, Texas, stated that the drive shown is approximately 50'
north of where the drive would be located on his property. He said his property is 2 lA acres all
together.
Commissioner Peebles asked if Mr. LeBlanc was correct when he said that the drive as shown would
satisfy the City's obligations to Mr. Lam as set forth in the contract.
Mr. Lam responded that it absolutely would satisfy the City's obligations.
Commissioner Peebles asked where the driveway cuts will be for lots 3 and 4.
Mr. LeBlanc stated that there are no known uses for lots 2, 3, and 4. He said when at some point in
the future they have a use for one of the lots, he knows they will have to come back to the City for
approval. He said whatever cuts are shown on the lot at that time will be subject to the City's
approval.
Mr. LeBlanc asked for a variance to Item #8.b.3 (500' driveway spacing on S. H. 114).
Mr. Mann asked for a variance to Item #12.e (10' utility easement on north property line). He asked
the Commission to accept it as shown.
(Planning and Zoning Commission meeting, 08-20-98, tape 1, section #2389)
Chairman Creighton opened the Public Hearing.
Gary Price (Liberty Bank) 2438 E. Southlake Boulevard Southlake, Texas, stated that the bank is
in favor of this proposal. He asked for a connection from the bank's parking lot to the Lowe's
parking lot. He said he is worried about congestion in front of the bank on Southlake Boulevard and
feels that an interior driveway would help relieve that some.
Rex Potter, 303 Waterford Court, $outhlake, Texas, stated that he went to the SPIN meeting. He
said he understands that this property is already zoned but wishes it could be changed to a Site Plan
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zoning so the City could have more control. He said he does not see a need for Lowe's, but if it is
going to be here, then he would like to see the applicant meet the ordinances and meet the spirit of
what Southlake is all about. He said the variances they are asking for, such as driveway cuts and
stacking depths, affect the health, safety, and welfare of the City. He stated that this is not the right
site for this building. He asked the Commission to deny them any variances.
Kenneth Horne, 1215 Ashmore Court, Southlake, Texas, said there is no way Lowe's can fill the
parking lot; it is a sea of concrete. He said the pretty green patches shown on the plan are actually
pad sites with grass on them. He said Southlake is in a very unique situation now; they do not have
to take the first thing that comes along. He said they are about to split the sales of hammers and nails
between two (2) stores; one (1) store will stay, and one (1) store will go. Either way, he said there
will be one big empty box.
Dana McGrath, 107 Parkcrest, Southlake, Texas, said she performed an independent study regarding
travel time and distance to this proposed Lowe's and the existing Lowe's on Highway 26. She left
Southlake from a central point in the City to go to the Lowe's on Highway 26. She said she traveled
7.6 miles, and it took her 9 ½ minutes. She then traveled from the same central location to this
proposed site, and to cover 2 miles it took her 5 ½ minutes. She said in light of Lowe's existing
location, she is surprised of the location for the proposed site. She said the Highway 26 store already
serves Southlake. She said she is an avid do-it-yourselfer and sees no basis for the opening of a
Lowe's in Southlake when there is already one located so close by.
dody Hansen, 1306 Lakeway Drive, $outhlake, Texas, encouraged the Commission to approve the
Lowe's request. She said this is absolutely the best looking Lowe's she has ever seen. She said she
prefers Lowe's over Home Depot. She stated that companies like Lowe's do a tremendous amount
of research to make sure the market is large enough to sustain their sales. She stated that this is
Southlake's commercial corridor, whether it is this project or another project. She urged the
Commission to approve this request.
Carolyn Morris, 403 St. Charles Court, $outhlake, Texas, stated that she does not have a problem
with Lowe's themselves; she has a problem with their appearance. She said the Lowe's on Highway
26 is the most awful eyesore she has ever seen. She said this is not what Southlake wants at their
from door. She asked for a more unique building for this site, maybe a triangle or a quadrangle. She
said she would never approve of outside sales which exceed the 5% limit. She stated she went to
the SPIN meeting and the applicant did not listen to the residents.
Terry Sullivan (architect with Hodges & Associates)1615 Barclay, Carrollton, Texas, stated that
this building is designed with brick on all sides. He said this building will be unique because they
have designed panels into the building and have tile roofing.
Martin Schelling, 2665 N. White Chapel Boulevard, $outhlake, Texas, stated that he supports this
request. He said he knows residents worry about there being two (2) stores such as this in Southlake,
but if Lowe's goes to Grapevine or Circle T, they will still be serving the same market. He said he
is on the Crime Board, and their budget numbers come from the ½ cent sales tax that was passed.
Planning and Zoning Commission Meeting Minutes on August 20, 1998 Page 6 of 20
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He said the City needs things like this to pay for the services for the citizens. He said we cannot just
get the money offoftrees. As a consumer, he said he would like to have the choice of having the
two (2) stores here. He said this is a logical site for this use. He thinks it would be an asset to the
City.
Bill Flaherty, 101 Braddock Court, Southlake, Texas, stated that he is in favor of this project. He
said he is very pleased by the concessions made by Lowe's to the facade of the building. He said it
is relatively presumptuous to tell a successful retailer and a company that consistently goes to Wall
Street how to run their business. He said Lowe's customer service is outstanding.
Tommy Pigg, 1207 Strathmore Drive, Southlake, Texas, stated that he is in support of this
development. He stated that Lowe's has gone far beyond what is required and has attempted to make
this fit into what Southlake has been asking for. He said the education in Southlake is exemplary,
and he would like it to stay that way. If the burden of funding the school district continues to fall
on the residential side, it will truly become a burden. He urged the Commission to vote for this
request.
Terry Mullaney, 1515 N. Carroll Avenue, Southlake, Texas, said he does not understand the talk
about tax relief. He said he does not believe by establishing a second retail outlet, that all of a
sudden the City will start generating a whole lot more sales tax. He said residents will just buy half
their nails at one location and half their nails at another location. He said the big box stuff remains
the City's front door. He said the City is under no obligation to grant several variances. He agreed
that the residents should not tell Lowe's how to run their business, they should tell them where to
run their business. He said we are talking about the from door to the City and not Lowe's
competitive drive.
Brent Hayes questioned whether or not there are enough sales to go around and whether or not one
of these stores will be empty.
Robin Blackburn, 1003 Chimney Hill Trail, Southlake, Texas, said she agrees with all of the people
who are in favor of this project. She said it is difficult to make a building this size look nice
anywhere it is placed, but she said they have done as good a job as possible. She said this location
will have a commercial building on it at some point in time. She thinks Lowe's has done a great job
with this building. She urged the Commission to vote for it.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 08-20-98, tape 1, section #3918)
Vice-Chairman Murphy stated that he is still confused on the landscape requirements.
Kevin Broughten (Landscape Architect) stated that he spoke with Keith Martin today to clear up any
discrepancies on what they were providing. He said he has updated the perspective drawing to show
that they are meeting all landscape requirements. He said they will meet all requirements and
Planning and Zoning Commission Meeting Minutes on August 20, 1998
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exceeding those as stated in the Commission's packet. He said our ordinances require a minimum
1 lA" caliper canopy tree, but they are providing a minimum of 2" trees with 50% of the trees being
2" and 50% being 4" trees.
Commissioner Sandlin asked if all of the landscaped areas would be irrigated, and Mr. Broughten
stated that all of it would be irrigated.
Chairman Creighton asked why they do not meet the articulation requirements.
Mr. LeBlanc stated that the architect thought he had met all of the articulation requirements, and it
was just a misunderstanding. He said they will change it to meet the articulation requirements.
Commissioner Peebles asked what they intend to do about the drive between lots 3 and 4.
Mr. LeBlanc stated that they thought they were improving upon the existing situation. He said it was
their intent to get it further away from Southlake Boulevard.
Commissioner Peebles asked him if they would move the drive further north.
Mr. LeBlanc stated that they would, but it would start encroaching on the existing drive. He said
they would be happy to do that as long as it does not create other problems on that existing drive.
Senior Planner Dennis Killough stated that if they go further north, then they will not comply with
the spacing with the driveway north of that.
Cormnissioner Peebles asked if they could have only one (1) drive on Kimball Avenue.
Mr. LeBlanc stated that the site would not be adequately served with one (1) drive. He said the
agreement that Mr. Lam has is important to them.
Chairman Creighton stated that she does not think Mr. Lam's agreement has any real relevance to
this project. As far as she is concerned, they brought forward something that is so completely
different from what Mr. Lam's agreement was speaking of. She said they are not even proposing
drives on Mr. Lam's property.
Mr. LeBlanc stated that they would be happy to move the drive down to Mr. Lam's property; he
thought they were moving it in a better location for everything. He said if that is problematic, then
he would be happy to move it to the portion of the property that Mr. Lam owns.
Vice-Chairman Murphy asked if the staff had a point of view on the adequacy of one (1) drive off
of Kimball Avenue.
Mr. Killough stated that two (2) drives help the circulation and help traffic congestion through there.
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Chairman Creighton stated at the time Mr. Lam's agreement was entered into, this project was never
envisioned. She said that the driveway referenced in the agreement was to provide access to a 2 ½
acre tract, not to this additional acreage. She said she is looking at this in terms of what is going to
be the safest in terms of access off of Kimball Avenue.
Mr. Killough stated that he is not versed enough in traffic flows to know how it would affect
Kimball Avenue. He said a traffic engineer would need to address the safety aspects of that.
Mr. Mann stated another thing to think about is the fact they are providing fire lanes down both
driveways; if one driveway was removed, then one fire lane would be removed. He said it gives
emergency vehicles twice the access into the site.
Mr. Lam stated that back when the City was going to extend Kimball Avenue, they came to him and
said they needed right-of-way. They told him they were in a hurry and had about 30 days before the
contractor was scheduled to start. He said since he owned the property they needed to get through
in order to get to F. M. 1709, they asked him to give it to the City. He asked the City at that time
if he had a guarantee that his property would have access when it was developed. He told them that
he must have access, because he must have the ability to either combine his property with other
property or to sell it individually. He said the City told him they would give him right-in/right-out
access to his property, and they would also provide him, if necessary, with left-turn access off of
Kimball Avenue. He said this is all in a written, recorded agreement, and it was a condition of the
granting of the right-of-way.
Mr. Lam stated he does not appreciate the Commission saying this agreement may be in violation
of one of the City's ordinances because many of these ordinances were not in existence at that time,
particularly the driveway ordinance. He said if the Commission eliminates this driveway, then the
entire concept of the development is eliminated and the entire concept of the sale contract between
these properties is eliminated.
Commissioner Shankland asked Mr. Lam if he is saying that the entire deal hinges on the
development of lots 3 and 4.
Mr. Lam stated he thinks it has a good chance of making the whole deal fall apart.
Commissioner Peebles stated if the Commission were to eliminate the south entry, then Mr. Lam
could still gain access to his property through the north entry.
Mr. LeBlanc stated he realizes safety is a high priority in Southlake and probably is in most cities.
He said ordinances in most cities allow curb cuts within 150' of intersections just like this one and
are deemed to be safe.
Chairman Creighton stated that it is not what other cities are doing that is of concern, it is what the
City of Southlake has done in enacting its ordinances. She does not think anyone would dispute the
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fact there are closer curb cuts and closer driveway cuts in other cities, but it does not mean it is what
we find to be desirable in Southlake.
Commissioner Jones stated that he is as concerned about safety as anyone, but he said the least safe
thing we could do is to honor the letter of the agreement with Mr. Lam, which is what they could
be asking us to do in this situation. He said they are not asking us to do that; they are pushing the
driveway north for safety's sake, and they are going with a fight-in/right-om which is a safer
situation. He said we are the first ones to scream when we think a developer is not living up to his
word, and he will not abide by our city not living up to its written contracts.
Chairman Creighton said no one is suggesting that they not live up to their written contracts. She
said her discussion of that agreement is that it is to provide access at that location to the property
owned by Conner Lam. She said this is a substantially larger development, and it has nothing to do
with not living up to that agreement.
Commissioner Sandlin questioned if the Commission could require Lowe's to provide a traffic study.
Mr. Killough stated that staff had Lee Engineering evaluate their traffic study, and he believes they
agreed with everything on their traffic study and had no further recommendations on their site. He
believes the only recommendation was to add the deceleration lane on F.M. 1709 which they did.
Commissioner Sandlin stated that he and other Commissioners obviously feel the southern drive on
Kimball Avenue is a safety issue and asked if that particular question had been posed of Lee
Engineering.
Mr. Carpenter stated that staff would assume it has, and they were okay with it; we would have
received comments to the contrary if they had not been okay with it.
Commissioner Shankland asked staffto describe the situation with Bluebonnet Drive.
Mr. Carpenter stated that Deputy Director of Public Works Charlie Thomas and the City Manager
are meeting with TxDOT to discuss any S.H. 114 routing plans. He said typically TxDOT hesitates
using city streets to divert traffic for those situations, but they want to make completely sure there
is no use for it like that before going forward with the abandonment process.
Motion was made to approve ZA 98-087, subject to Site Plan Review Summary No. 1, dated August
14, 1998, allowing the change on Item #7 as shown on Exhibit 'A'; allowing the change on Item
#8A2A as shown on Exhibit 'B'; allowing Item #SA2B as shown acknowledging that it is a
temporary condition; allowing Item #8A2C as shown; allowing Item #SB 1 as shown; allowing Item
#8B2 as shown with the understanding and acknowledgment that this would satisfy the prior written
agreement per the verbal agreement of Conner Lam and all applicants present; allowing Item #8B3
as shown acknowledging that it is a temporary condition; allowing Item #12E as designed with the
change to a 30' utility easement to allow ample room for utility relocation; and accepting the
applicant's agreement to meet all articulation requirements and landscape requirements.
Planning and Zoning Commission Meeting Minutes on August 20, 1998 Page 10 of 20
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Motion: Jones
Second: Murphy
Ayes: Jones, Murphy, Sandlin
Nays: Shankland, LeVrier, Peebles, Creighton
Approved: 3-4
Motion failed.
(Planning and Zoning Commission meeting, 08-20-98, tape 1, section #6165)
Chairman Creighton called for a break at 9:55 p.m.
Chairman Creighton called the meeting back to order at 10:12 p.m.
Motion was made to table ZA 98-082 to a date uncertain.
Motion: Peebles
Second: Shankland
Commissioner Jones stated that he does not see any reason to table this request if the applicant
intends to move forward to Council.
Mr. LeBlanc asked if there could be a different motion on their Site Plan that had a contingency in
it related to the safety issue.
Chairman Creighton stated that the Commission has moved on the ZA 98-082.
Commissioner Jones asked the City Attorney if there anything prohibiting a Commissioner from
making a second motion or a different motion entirely on the previous item.
Debra Drayovitch stated since there was no action taken because the motion failed, then another
motion can be made as long as it is substantially different from the first motion.
Commissioner Jones asked if it would be a substantially different motion if he required the applicant
to get a traffic study done prior to going to City Council and then allowing Council to make to
decision of whether there should be one (1) drive or two (2) drives depending on the outcome of the
traffic study.
Commissioner Sandlin stated with seven (7) Commissioners present, they should be able to send a
message to Council of either a majority approves it or a majority denies it. He said it is not
uncommon for a Commission to have other votes until they receive an affirmative vote one way or
another.
Commissioner Peebles stated that he will withdraw his motion to table ZA 98-082 with the
understanding that he will make a motion first to the previous item.
Planning and Zoning Commission Meeting Minutes on August 20, 1998 Page 11 of 20
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Commissioner Shankland withdrew his second to the motion.
Motion was made to deny ZA 98-087.
Motion: Peebles
Second: Shankland
Ayes: LeVrier, Peebles, Shankland, Creighton
Nays: Jones, Murphy, Sandlin
Approved: 4-3
Motion carried.
(Planning and Zoning Commission meeting, 08-20-98, tape 1, section #6976)
Mr. LeBlanc stated they will be going forward to City Council and asked for these items to be sent
on as a group so that they will be heard together. He said they would appreciate a motion to either
approve or deny so they will go forward together.
Skylar Marshall (Dick LeBlanc's partner in Hanover Property Company) asked the Commission to
vote one way or another on the Specific Use Permit rather than tabling it. He asked that it go
forward with the other items as a package.
AGENDA ITEM #8. ZA 98-082. SPECIFIC USE PERMIT FOR OUTSIDE STORAGE OF
PLANTS OR OTHER GREENERY AS PART OF A RETAIL OPERATION:
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 a portion of Lot 1R3,
Block 1, Kimball/1709 Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 2374, Plat Records, Tarrant County, Texas; a
portion of Tract 1R3A, Kimball/1709 Addition, an addition to the City of Southlake, Tan'ant County,
Texas; Tracts 3B3, 3B3B, 3B3B1, and a portion of Tracts 3B2, 3B3A1, and 3B3A situated in the
Samuel Freeman Survey, Abstract No. 525; Lots lC, 1D, 1E, 2B, and a portion of Lot 2A, W. E.
Mayfield Subdivision; and a portion of Bluebonnet Drive; and being approximately 14.8212 acres.
The property is located north o£East Southlake Boulevard (F.M. 1709), approximately 200' east of
North Kimball Avenue, and approximately 300' south of State Highway 114. The Current Zoning
is "C-3" General Commercial District. The Land Use Category is Retail Commercial and 65 & 75
LDN Overlay Corridors. The Owners of the property are Four Bear Creek Associates; Cavallino
Properties, Ltd.; Conner Lam; Bluebonnet Road Partners, Ltd.; and Southlake Shopping Village,
Ltd. The Applicant is Lowe's Companies, Inc. Twenty (20) written notices were sent to property
owners within the 200' notification area, and four (4) responses were received with three (3) being
in favor and one (1) being undecided. One (1) response was received outside the 200' notification
area and was opposed.
(Planning and Zoning Commission meeting, 08-20-98, tape 1, section #7259)
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Chairman Creighton opened the Public Hearing.
Dana McGrath stated she was opposed.
Carolyn Morris, 403 St. Charles, Southlake, Texas, stated she has been definitely against outside
retailing in the parking lots. She said she spoke to the Lowe's representatives during the break and
they assured her all of the plants will be totally enclosed inside a brick structure without a roof; there
will be none located in the parking lots. She said if she could have a guarantee, she would accept
that.
Jim Meara (The Meara Company) stated the garden center will have a complete masonry wall on
all four (4) sides. He said there will be no green_house structures, no scaffolding structures, and no
plant material structures that would be visible from the street or from vehicles.
Mich Franklin (Lowe's Companies, Inc.) stated that there are areas of wrought iron or tube steel type
decorative fencing around the edge where the landscape material will be stored. He said the intent
of this is that it will be enclosed in this area; it does not mean it will not be visible. He said it will
be below the site line studies. He said he told Ms. Morris that they do not mind limiting it to the
garden center area as it is shown on the plan.
Commissioner Peebles asked if the Commission could make the S.U.P. contingent upon the
applicant's agreement to not use the 5% allowed by ordinance.
Rex Potter, 303 Waterford Court, Southlake, Texas, stated that the 5% is if the applicant wants to
put boards, etc., outside and sell them; it is not included for seasonal items such as Christmas trees
or firewood. He said they are proposing wrought iron which is what Home Depot has. He asked
the Commission to include the 5% and any seasonal items within the border of the garden center.
He recommended the Commission to deny this request, but at a very minimum to make sure all
items are included inside the walls of the garden center.
Commissioner Peebles asked Lowe's if the Commission allowed them a garden center, if they would
agree to keep all items within the four (4) comers at all times.
Mr. Franklin stated that if that is what it takes to get it approved, then they will agree. He stated they
hate to have to operate differently from their competitor. He just does not want to be handicapped
by different regulations than the competition.
Chairman Creighton closed the Public Hearing.
Commissioner Peebles stated if City Council was of a mind to have this facility here, then he would
be inclined to pass this S.U.P. with the assurances that Lowe's has given the Commission tonight.
Since he has already denied the Site Plan, he thinks it would be foolish for him to approve an S.U.P.
Planning and Zoning Commission Meeting Minutes on August 20, 1998 Page 13 of 20
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Chairman Creighton asked staff if the merchandise the Commission is asking to contain within the
four (4) comers of the building is the 21% plus 5% or just 21%.
Mr. Killough stated that is the question that still needs to be answered. As everything is currently
structured, it is the 21% plus 5% that they are granted by right.
Commissioner Peebles stated that he does not see what difference it makes as long as it is what we
are seeing from the parking lot; it does not matter if it is 21% or 26%.
Vice-Chairman Murphy stated that he agrees that it does not matter. He stated that it seems to him
that the request should be modified as discussed tonight and get out of the percentage game
altogether.
Mr. Killough stated that the Site Plan discussed earlier is attached to this case, so any motion would
need to reference the Site Plan.
Motion was made to approve ZA 98-082, subject to ZA 98-087 Site Plan Review Summary No. 1,
dated August 14, 1998, limiting all merchandise to remain within the four (4) comers of the building
in lieu of limiting the 5% outside storage and stipulating the items such as pallets will remain inside
the staging area.
Motion: Murphy
Second: Jones
Ayes: Murphy, Sandlin, LeVrier, Jones
Nays: Shankland, Creighton
Abstain: Peebles
Approved: 4-2-1
Motion carried.
(Planning and Zoning Commission meeting, 08-20-98, tape 2, section #0818)
AGENDA ITEM #9. ZA 97-142. PLAT REVISION FOR THE PROPOSED LOTS 2.3.4. AND
5, BLOCK 1. KIMBALL/1709 ADDITION:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Plat Revision for the proposed Lots 2, 3, 4, and 5, Block 1, Kimball/1709 Addition, being a revision
of Lot 1R3, Block 1, Kimball/1709 Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 2374, Plat Records, Tan'ant County, Texas;
Tracts 1R3A, 3B2, 3B3, 3B3A, 3B3A1, 3B3B, 3B3B1, 3F, and 3F4, situated inthe Samuel Freeman
Survey, Abstract No. 525; Lots lC, ID, 1E, 2B, and a portion of Lot 2A, W. E. Mayfield
Subdivision; and a portion of Bluebonnet Drive; and being approximately 17.5354 acres. The
property is located north of East Southlake Boulevard (F.M. 1709), east of North Kimball Avenue,
and approximately 300' south of State Highway 114. The Current Zoning is "C-3" General
Commercial District. The Land Use Category is Retail Commercial. The Owners of the property
are Bluebonnet Road Partners, Ltd.; Cavallino Properties, Ltd.; Four Bear Creek Associates, a Texas
Planning and Zoning Commission Meeting Minutes on August 20, 1998 Page 14 of 20
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Joint Venture; Conner Lam; and Southlake Shopping Village, Ltd. The Applicant is Hanover
Development Company. In the first notification, there were twelve (12) written notices sent to
property owners within the 200' notification area, and one (1) response was received and was in
favor. In the second notification, there were twenty (20) written notices sent to property owners
within the 200' notification area, and one (1) response was received and was in favor.
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 97-142, based on the fact that there are unresolved access issues.
Motion: Peebles
Second: Shankland
Ayes: Sandlin, LeVrier, Peebles, Shankland, Murphy, Creighton
Nays: Jones
Approved: 6-1
Motion carried.
(Planning and Zoning Commission meeting, 08-20-98, tape 2, section #0942)
AGENDA ITEM #10. ZA 98-088. REZON1NG:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Zoning Change on property legally described as Lot 2, Cash Acres Addition, an addition to the City
of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-114, Page 612,
Plat Records, Tarrant County, Texas, and Tract 3F situated in the Hiram Granberry Survey, Abstract
No. 581, and being approximately 5.7295 acres. The property is located on the east side of South
White Chapel Boulevard approximately 400' south of the intersection of South White Chapel
Boulevard and Pine Drive. The Current Zoning is "AG" Agricultural District. The Requested
Zoning is "SF-1A" Single Family Residential District. The Land Use Category is Low Density
Residential. The Owners of the property are Aubrey L. Smith, Rosa Lee Smith, and Virgil Cash.
The Applicant is Brad Barrington. Sixteen (16) written notices were sent to property owners within
the 200' notification area, and two (2) responses were received with one (1) being in favor and one
(1) being undecided.
Brad Barrington, 319 Blanco Circle, Southlake, Texas, presented this item to the Commission.
Chairman Creighton opened the Public Hearing.
Dana McGrath stated that she has had several people call her regarding the fencing allowed along
major thoroughfares. She said they were asking her if it was possible to require either brick or stucco
fencing along major thoroughfares.
Mr. Barrington stated that he does not know what type of fencing will be placed along these lots.
He is simply platting this property for investors.
Planning and Zoning Commission Meeting Minutes on August 20, 1998 Page 15 of 20
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Chairman Creighton closed the Public Hearing.
Motion was made to approve ZA 98-088.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Murphy
LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-20-98, tape 2, section # 1134)
AGENDA ITEM #11. ZA 98-089. PLAT REVISION FOR THE PROPOSED LOTS iR. 2R. 4R2R.
5, 6. AND 7. AUBREY ESTATES:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Plat Revision for the proposed Lots 1R, 2R, 4R2R, 5, 6, and 7, Aubrey Estates, being a revision of
Lot 4R2, Aubrey Estates, an addition to the City of Southlake, Tarrant County, Texas, according to
the plat recorded in Cabinet A, Slide 3456, Plat Records, Tarrant County, Texas; Lots 1 and 2,
Aubrey Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat
recorded in Volume 388-142, Page 41, Plat Records, Tarrant County, Texas; Lot 2, Cash Acres
Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded
in Volume 388-114, Pages 611 and 612, Plat Records, Tarrant County, Texas, and Tract 3F situated
in the Hiram Granberry Survey, Abstract No. 581, and being approximately 10.271 acres. The
property is located on the east side of South White Chapel Boulevard approximately 400' south of
the intersection of South White Chapel Boulevard and Pine Drive. The Current Zoning is "SF-1A"
Single Family Residential District and "AG" Agricultural District. The Land Use Category is Low
Density Residential. The Owners of the property are Aubrey L. Smith, Rosa Lee Smith, Rounie
Smith, Tony Tolbert c/o Interwoven, and Virgil Cash. The Applicant is Brad Barrington. Twenty
(20) written notices were sent to property owners within the 200' notification area, and two (2)
responses were received which were in favor.
BradBarrington, 319 Blanco Circle, Southlake, Texas, presented this item to the Commission. He
stated that he is dropping Lot 2R which is the lot that does not achieve the one (1) acre minimum
requirement. He asked for a variance to Item #lc (radial lot lines).
Senior Planner Dennis Killough clarified that lot 2R represents a recreated boundary. He said they
could only remove Lot 2, Aubrey Estates, as it currently exists. He said the area to the east of Lot
2 would have to be incorporated into one or the other adjacent lots. He said they will need to look
at reconfiguring some of their lot lines to make that work.
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 Minutes on August 20, 1998 Page 16 of 20
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Motion was made to approve ZA 98-089, subject to Plat Review Summary No. 1, dated August 14,
1998, deleting Item #1C (radial lot lines) and removing Lot 2, Aubrey Estates, from this submission
at the applicant's request.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Shankland
Peebles, Shankland, Jones, Murphy, Sandlin, LeVrier, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-20-98, tape 2, section #1417)
Chairman Creighton called for a break at 11:19 p.m.
Chairman Creighton called the meeting back to order at 11:30 p.m.
AGENDA ITEM #12. ZA 98-090. SITE PLAN FOR RUSTIN PARK. SOUTHLAKE TOWN
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Site Plan for Rustin Park, Southlake Town Square, on property legally described as a portion of
Tract 3 situated in the Richard Eads Survey, Abstract No. 481, and being approximately 0.94 acres.
The property is located on the north side of East Southlake Boulevard (F.M. 1709) approximately
750' east of North Carroll Avenue. 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 Owner of the property is Southlake Venture West, L.P. The Applicant is Cooper
& Stebbins, L.P. Fourteen (14) written notices were sent to property owners within the 200'
not'~fication area, and two (2) responses were received with one (1) being in favor and one (1) being
undecided.
Brian Stebbins (Cooper & Stebbins, L.P.) 904 Independence Parlovay, Southlake, Texas, presented
this item to the Commission. He requested that Item #lb (support columns) be accepted as shown.
He stated they are using steel columns but would like to have wood sheathing.
Chairman Creighton opened the Public Hearing.
Rex Potter, 303 Waterford Court, Southlake, Texas, stated the band shell has been moved which
does not leave room for seating in the grass around the band shell. He said there is not enough room
for people to sit around and enjoy the band, etc. He said the pond was smaller on the approved site
plan. He asked the Commission to make the applicant move the band shell back as it was in the
beginning.
(Planning and Zoning Commission meeting, 08-20-98, tape 2, section #2282)
Chairman Creighton closed the Public Heating.
Planning and Zoning Commission Meeting Minutes on August 20, 1998 Page 17 of 20
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Chairman Creighton asked Mr. Stebbins what his thinking was as to how close people would need
to be to hear the music.
Mr. Stebbins stated 95% of the time, the pavilion will be used for shade, for children to climb on,
and for people to walk through and to stop and look at the water.
Commissioner Peebles asked why there is a public road so close to the pavillion.
Mr. Stebbins stated that from an urban planning point of view, from a design point of view, and from
a downtown point of view, a downtown park is a series of blocks. He said the blocks were always
conceptualized and were approved in the Concept Plan and in the Site Plan and are fundamental to
give access to and from the parking lots and the 95% of the space that has currently been leased. He
said they feel strongly that the downtown is a series of blocks.
Commissioner Peebles stated that he could have one long block in the downtown. He said this plan
varies significantly from the approved Site Plan. He said by moving the pavillion to its current
location which is closer to the water and the street, they have created a hazard and the possibility of
a public safety issue.
Commissioner Sandlin asked what the street will be made of.
Mr. Stebbins stated it is asphalt with brick crosswalks. He said the City wants brick crosswalks.
Mr. Stebbins stated, as to the pond being moved, that the volume of water they are chasing for
detention is real and serious and has been designed with the City in cooperation. He said the pond
just cannot get deeper because it still has to drain under F.M. 1709 and keep going downstream.
Commissioner Peebles said, again that he has concerns about the pavillion being moved that close
to the road.
Chairman Creighton said, in looking at this plan, she thinks it is a good idea to move the pavillion
farther from F.M. 1709, but at the same time, closing the road and forcing people to circle the entire
block seems to serve the purpose of requiring them to go past additional lease space that they may
have not otherwise gone past.
Mr. Stebbins stated it is critical to have access between the two (2) main parking lots.
Chairman Creighton asked if the street would be closed when there is an event going on.
Mr. Stebbins stated it depends on the nature of the event. He said approval of the City would be
required in order to hold any event there. He said it is a public street, and the City will analyze the
possibility of closing the street. He said since they are public streets, it is not in his discretion to
say when to close the streets.
Planning and Zoning Commission Meeting Minutes on August 20, 1998 Page 18 of 20
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Chairman Creighton asked if the street was an item of discussion when Mr. Stebbins went before
the Park Board.
Mr. Stebbins stated that the street was not an item of discussion, and the Park Board unanimously
approved it.
Dana McGrath suggested placing low-lying shrubs along the grass in front of the pavillion to serve
as a visual barrier for children.
Chairman Creighton suggested placing lowqying wrought iron poles with a chain between them to
serve as a barrier for children. She said she has seen that type of fencing used in old downtowns
before.
Mr. Stebbins stated that he would consider the possibility of using the wrought iron poles with
chains because those could be removed during events. He said he would like the ability to think it
through completely before he makes a commitment.
Commissioner Peebles stated that these suggestions do not address his concerns. He said this was
supposed to be a downtown where people walk, and he does not see why there needs to be access
from parking lot to parking lot.
Motion was made to approve ZA 98-090, subject to Site Plan Review Summary No. 1, dated August
14, 1998, deleting Item # 1 b (masonry material for structure support columns) and recommending
the applicant consider placing a post and chain fence around the pavillion area.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Murphy
Shankland, Jones, Murphy, Sandlin, LeVrier, Creighton
Peebles
6-1
Motion carried.
(Planning and Zoning Commission meeting, 08-20-98, tape 2, section #3353)
AGENDA ITEM #13. ZA 98-091. PLAT REVISION FOR THE PROPOSED LOT 1R. BLOCK A.
WHITE CHAPEL METHODIST CHURCH ADDITION:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Plat Revision for the proposed Lot 1 R, Block A, White Chapel Methodist Church Addition, being
a revision of Lot 1, Block A, White Chapel Methodist Church Addition, an addition to the City of
Southlake, Tan'ant County, Texas, according to the plat recorded in Volume 388-204, Page 12, Plat
Records, Tarrant County, Texas, and Tracts 5G, 5Gl, and 5H situated in the O.W. Knight Survey,
Abstract No. 899, and being approximately 15.532 acres. The property is located on the east side
of South White Chapel Boulevard approximately 300' south of East Southlake Boulevard (F.M.
1709). The Current Zoning is "CS"Community Service District. The Land Use Category is
Planning and Zoning Commission Meeting Minutes on August 20, 1998 Page 19 of 20
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Public/Semi-Public. The Owner and Applicant is White's Chapel United Methodist Church.
Seventeen (17) written notices were sent to property owners within the 200' notification area, and
one (1) response was received and was in favor.
No one was present to represent this item.
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 98-091, subject to Plat Review Summary No. 1, dated August 14,
1998.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Murphy
Jones, Murphy, Sandlin, LeVrier, Peebles, Shankland, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 08-20-98, tape 2, section #3460)
Commissioner Peebles stated that he wanted to make the record clear with respect to the Lowe's
submittal: there may have been some people with Lowe's who felt like some of the Commission
may have changed their minds if they removed the road to the south, and he wanted to make it clear
that is not the case with respect to him and he was ready to deny it on any basis that he could that
was legal if they were outside the ordinance.
AGENDA ITEM #14. MEETiNG ADJOURNMENT:
Chairman Creighton adjourned the meeting at 12:28 a.m. on August 21, 1998.
(Planning and Zoning Commission meeting, 08-20-98, tape 2, section #3500)
ATTEST:
Lori A. Farwell
Community Development Secretary
L:\COMDEV~WP-FILESX~vlTGhMIN~ 1998\08-20-98.WPD
Planning and Zoning Commission Meeting Minutes on August 20, 1998 Page 20 of 20