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1998-09-03 P&Z Meeting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 REGULAR PLANNING AND ZONING COMMISSION MEETING September 3, 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 Attomey Debra Drayovitch, Zoning Administrator Karen Gandy, Senior Comprehensive Planner Chris Carpenter, Senior Current Planner Dennis Killough, Deputy Director of Public Works Charlie Thomas, Staff Engineer Angela Turner, and Community Development Secretary Loft Farwell Chairman Creighton called to order the meeting and stated the Commission would be going into Executive Session. The Executive Session started at 6:15 p.m. and ended at 6:37 p.m. The Work Session started at 6:37 p.m. and ended at 6:46 p.m. The meeting was called back to order by Chairman Creighton at 7:00 p.m. She stated there was no action necessary as a result of the Executive Session. AGENDA ITEM #2. APPROVAL OF M1NUTES: Chairman Creighton opened discussion of the minutes of the August 20, 1998, Planning and Zoning Commission meeting. Motion was made to approve the August 20, 1998, Planning and Zoning Commission meeting minutes, as presented. Motion: Murphy Second: Sandlin Ayes: Murphy, Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 09-03-98, tape 1, section #0179) AGENDA ITEM #3. ADMINISTRATIVE COMMENTS: There were no Administrative Comments. Chairman Creighton stated the applicant has withdrawn Agenda Item #10, ZA98-084, and Agenda Item #11, ZA 98-085. Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 1 of 15 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 _4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AGENDA ITEM #4. IMPERVIOUS COVERAGE. ORDINANCE NO. 480-BB: Zoning Administrator Karen Gandy presented this item to the Commission. She said there was one remaining item she needed to discuss with the Commission which was not shown on the summary chart. This item was the percentage of required impervious coverage for Personal Care Facilities. She said that in the first drafts of this ordinance (approximately a year ago), the work group felt that they should delete the 70% impervious coverage requirement for Personal Care Facilities and go with the impervious coverage requirement for the underlying zoning category. Ms. Gandy requested that the Commission make a recommendation on this matter. She stated that variances may be granted in all districts, except I-1 and I-2, to allow increased impervious coverages, up to, but not exceeding, an additional 5% if the following criteria is met: for each 1% of impervious coverage granted, the applicant shall add an additional 2 feet to the depth of the required bufferyard(s) adjacent to any street and an additional 1 foot of depth to the required side and rear bufferyard(s). Vice-Chairman Murphy asked if that would be considered a variance. Ms. Gandy stated that it would be a variance. Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Creighton closed the Public Hearing. Commissioner Jones asked if there was a unanimous vote from the Work Group in favor of this ordinance. Chairman Creighton stated that she did not think there was a formal vote taken, but she felt everyone was generally satisfied with it. Ms. Gandy stated there were some compromises made, but by the end of the meetings, she felt there was a consensus between the elected and appointed officials and the development community. Commissioner Jones stated, by looking at the chart, he can not see where the compromises were made. Regarding the 5% variance, Commissioner Jones asked what the legal implications would be if sometimes it was granted and sometimes it was not. City Attomey Debra Drayovitch stated that her understanding was if the developer met those requirements, then he would be entitled to the extra 5% impervious coverage. Commissioner Peebles stated that it is not so much that the developer would be asking for a variance because he would be within the ordinance. He said the word variance is probably a little deceiving. Ms. Gandy agreed. Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 2 of 15 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ,,._44 Chairman Creighton stated her recollection of the discussion was that a developer could essentially earn additional impervious coverage by making certain concessions elsewhere on the tract. Commissioner Jones asked staff if future review letters would list such an item as a variance or would it be shown as an informational comment. Ms. Gandy stated that staff would have to point it out somehow, probably as an informational comment. Ms. Gandy asked the Commission if they would be amiable to accepting other areas on the site (such as, groves of trees, natural areas along creeks, etc.) in lieu of the proposed perimeter bufferyard strips as currently set forth in the ordinance, if equivalent land area was provided elsewhere on site. She asked if the developer could also provide equivalent land area within the parking lots by creating larger parking islands to help break up the sea of parking. Chairman Creighton stated that, having worked on the Work Group, she thinks that is clearly within their intent. She said it was not so much a desire to add a foot here or there of bufferyard, but to allow a development to gain additional impervious coverage if additional pervious coverage was provided elsewhere. Vice-Chairman Murphy stated if we are going to do that, he thinks we ought to specifically ask for the Landscape Administrator to comment on the survivability of the trees and whether or not it is a practical implementation of what we are trying to accomplish. He stated if the trees die in two (2) years, then that would not accomplish anything. Commissioner Sandlin stated in the language regarding increasing impervious coverage up to 5%, the word "may" needs to be changed to "shall." Ms. Gandy agreed. Motion was made to approve Impervious Coverage Ordinance No. 480-BB, recommending in the S.U.P. for Personal Care Facilities to allow the underlying zoning district to be the determinant for the impervious coverage percentage; allowing specifically for the additional impervious coverage percentages and eliminating any language such as "may vary;" allowing for the equivalent area within the site such as in parking islands, but reqtfiring comments from the Landscape Administrator regarding the practicality and survivability of the existing trees; and requiring the equivalent area to be located at the front or the sides of the site. Motion: Murphy Second: LeVrier Ayes: Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 3 of 15 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ~44 (Planning and Zoning Commission meeting, 09-03-98, tape 1, section #1284) AGENDA ITEM #5. ZA 98-092. PLAT REVISION FOR THE PROPOSED LOTS 4R2R1 THROUGH 4R2R3. AND LOTS 4R3R1 THROUGH 4R3R5. BLOCK 6. SOUTHRIDGE LAKES. PHASE C-l: Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a Plat Revision for the proposed Lots 4R2R1 through 4R2R3, and Lots 4R3R1 through 4R3R5, Block 6, Southridge Lakes, Phase C-l, being a revision of Lots 4R2 and 4R3, Block 6, Southridge Lakes, Phase C-l, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4246, Plat Records, Tarrant County, Texas, and being approximately 6.49 acres. The property is located on the east side of North Peytonville Avenue approximately 200' north of West Southlake Boulevard (F.M. 1709). The Current Zoning is "C-3" General Commercial District. The Land Use Category is Office Commercial. The Owner and Applicant is Four Peaks Development, Inc. Twelve (12) written notices were sent to property owners within the 200' notification area, and no responses were received. John Levitt (d. E. Levitt Engineers, Inc.) 726 Commerce, Suite 104, Southlake, Texas, presented this item to the Commission. He asked staff if 40' is sufficient lot width for Lot 4R3R2 listed in Item #6b. Senior Current Planner Dennis Killough stated that it would. Mr. Levitt asked to delete Item #6a (provide lots perpendicular or radial to the R.O.W.). Vice-Chairman Murphy stated that the blueline has two (2) lots labeled as 4R3R1 and asked if the lot which is referred to in Item #6b as Lot 4R3R2 could instead be referred to as the north east comer lot. He said he does not want any confusion. Chairman Creighton opened the Public Hearing. Tom Levitt stated he owns a residence adjacent to the northeast comer lot. He asked what has been proposed for that comer. John Levitt stated that it has been designated for "O-1" uses. He said they will have to provide a Site Plan for each lot. Tom Levitt asked if there had been any provisions made for structural barriers such as sound fences. Mr. Killough stated there is an 8' screening device required adjacent to residential properties. Chairman Creighton stated that it could be a six foot (6') fence combined with trees. Tom Levitt stated that trees are nice, but fences make a better noise barriers. Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 4 of 15 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Chairman Creighton closed the Public Hearing. Motion was made to approve ZA 98-092, subject to Plat Review Summary No. 1, dated August 28, 1998, deleting Item #6a (provide lots perpendicular or radial or the R.O.W.). Motion: Murphy Second: Jones Ayes: LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton Nays: None Approved: 7-0 Motion carried. (Plarming and Zoning Commission meeting, 09-03-98, tape 1, section #1775) AGENDA ITEM #6. ZA 98-093. SPECIFIC USE PERMIT FOR A KENNEL FOR CATS ONLY PER ZONING ORDINANCE NO. 480. SECTION 45.1 (16'~: Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a Specific Use Permit for a kennel for cats only per Zoning Ordinance No. 480, Section 45.1 (16) on properly legally described as a portion of Lot 7R, Block A, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3323, Plat Records, Tan'ant County, Texas; and being approximately 3.755 acres. The property is located at 575 Commerce Street, on the east side of Commerce Street across from Exchange Boulevard. The Current Zoning is "I-1" Light Industrial District. The Land Use Category is Industrial; 75 LDN Overlay Corridor. The Owner of the property is Commerce Business Park J.V. The Applicants are Carolyn and Ron Grant dba Cats Aboard. Six (6) written notices were sent to property owners within the 200' notification area, and no responses were received. Ron and Carolyn Grant presented this item to the Commission. Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak. Chairman Creighton closed the Public Hearing. Commissioner Sandlin asked if this request is just for cats only. Commissioner LeVrier stated it is just for cats. He asked the applicant to clarify if it is only for household cats. Mr. Grant stated that it is exclusively for house cats only. Commissioner Peebles stated he feels compelled to say he wants to tie this S.U.P. to this applicant and not to the property. He said this applicant seems to run a clean facility, but he does not want them to go out of business and have this property set up for cats. He stated he would like this tied to this specific applicant. Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 5 of 15 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~4 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Peebles asked the City Attorney if this S.U.P. can be tied to this applicant. City Attorney Debra Drayovitch stated that Commissioner Jones said that is different from what the C.O.G. classes are teaching Commissioners. She said her recommendation is for the Commission to do what they want to tonight and, before this item goes to City Council, she will have that confirmed. Conunissioner LeVrier agreed with Commissioner Jones that they were taught that an S.U.P. was tied to the land and not the user. Commissioner Sandlin asked the City Attorney to get them a clarification because he does not feel comfortable tying it to a specific person. He said he does not feel they have that right. Commissioner Shankland asked if the S.U.P. was for felines or for any animal. Ms. Drayovitch stated the ordinance refers only to kennels. Senior Current Planner Dennis Killough stated it was the applicant's request to make this for cats only. Commissioner Shankland stated that he wood like to see it limited to felines with a weight limit of 50 lbs. Motion was made to approve ZA 98-093, Specific Use Permit for a kennel for household cats only. Motion: Sandlin Second: LeVrier Commissioner Peebles stated he does not want the Commission to get the wrong idea that he is denying this for any reason other than not tying it to this specific applicant. Chairman Creighton stated that since legal counsel has not said otherwise, she would prefer to tie this to the individual applicant and let it get sorted out before it went to City Council. Mr. Grant stated that he would agree to the request to limit his application to his business only, if that is the Commission's desire. Ayes: Shankland, Jones, Murphy, Sandlin, LeVrier Nays: Peebles, Creighton Approved: 5-2 Motion carried. (Planning and Zoning Commission meeting, 09-03-98, tape 1, section #2275) Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 6 of 15 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AGENDA ITEM #7. ZA 98-094. REZONING AND CONCEPT PLAN FOR GATEWAY PLAZA: Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a Zoning Change and Concept Plan on property legally described as Lots 1 through 14, Block E; Lots 20 through 22, Block E; Lot 31 and a portion of Lot 32, Block E; Lots 1 through 6, Block D; a public alley, and the following dedicated public Rights-of-Way: Austin Place, Oak Knolls Drive, Gatewood Lane and Norcross Road, all being a part of Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-W, Page 51, Plat Records, Tarrant County, Texas; Lot 30R, Block E, Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-183, Page 40, Plat Records, Tarrant County, Texas; Lots lA, lB, 2, 3A, 3B, 3B1, 4, SA, and 5B, Block A, and a public alley, all being a part of Oak Knoll Business Park, an addition to the City of Southlake; Tract 6B, W. E. Mayfield's Subdivision, according to the plat recorded in Volume 388-C, Page 4, Plat Records, Tarrant County, Texas, and Tracts 3, 3B, 3C, 3E, 8, and 8B, situated in the Thomas Easter Survey, Abstract No. 474, and being approximately 42.21 acres. The property is located on the northwest comer of the intersection of State Highway 114 and East Southlake Boulevard (F.M. 1709). The Current Zoning is "AG" Agricultural District; "SF-1A" Single Family Residential District; and "O-1" Office District. The Requested Zoning is "S-P-2" Generalized Site Plan District with "C-3" General Commercial District uses. The Land Use Category is Mixed Use; 65 LDN Overlay Corridor. The Applicant is Lincoln Property Company. The Owners of the property are Southlake Properties, Inc.; Shirley A. McCarty; John Michael Tate; Victor L. Leighton; Carlos E. Dorris; Thomas C. and Nancy C. Reilly; Cindy Jane Suski; James H. Saunders; Mary Louise Albano; Peter and Krisfine Johnson; Eugene and Frances A. Bump; Mary Hutchison; Charles Wood; Dermis Carpenter; and Kevin Lawrence Marks. Thirty-six (36) written notices were sent to property owners within the 200' notification area, and four (4) responses were received with one (1) being undecided and three (3) being in favor. A petition was also received which was in favor. Terry Wilkinson presented this item to the Commission. He presented a new plan to the Commission and stated that he has attempted to answer some of the staff comments with this new plan. He introduced his team of consultants on this project: Stuart Markeson (Consulting Engineer), John Deshazo (Traffic Engineer) and David Baldwin (Landscape Architect). Robert Dozier (Lincoln Property Company) introduced his company to the Commission. He suggested the Commission look at some of their local projects such as Lincoln Square in Arlington, Lincoln Park across from North Park Mall in Dallas, Trinity Commons in Fort Worth, and the Tom Thumb Center at Preston and 544 in Plano. Commissioner Peebles asked if any of the four (4) recommendations offered by the traffic analyst been incorporated into the new plan. Mr. Wilkinson stated they have not been incorporated. Chairman Creighton opened the Public Hearing. Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 7 of 15 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Tom Redly, 120Austin Place, Southlake, Texas, stated he is representing most of the homeowners in the Oak Knolls Addition. He stated that this plan has come together and has worked out very well. He thanked the Commission for their consideration in the past and asked for their favorable consideration on this item. Carlos Dorris, 213 Eastwood, Southlake, Texas, asked the Commission to pass this zoning change and thanked them for their consideration. Darrell Faglie (SPIN Representative #7) 505 S. Kimball, Southlake, Texas, congratulated Mr. Wilkinson and Lincoln Property Company for putting together such a well planned project. He appreciated them going through the proper channels in their SPIN meetings. He recommended this project very highly. Margaret Wood, 2651 Oak Knoll Drive, Southlake, Texas, stated she has been a resident of Southlake for 36 years. She stated they did not want to see this property go one piece at a time and be something they were not proud of. She said she feels like this is something they will be proud of. She asked the Comanission to approve the rezoning. Chairman Creighton closed the Public Heating. (Planning and Zoning Commission meeting, 09-03-98, tape 1, section #3203) Chairman Creighton called for a break at 8:34 p.m. Chairman Creighton called the meeting back to order at 8:47 p.m. Chairman Creighton asked Mr. Wilkinson to review the staff comments and discuss any items he is requesting variances on. Commissioner Peebles asked if they are willing to make their architectural renderings part of the Concept Plan. Mr. Dozier stated that they will make them part of the Concept Plan. Mr. Wilkinson asked to delete Item #5.a.2 (provide a public street connecting Crooked Lane to S.H. 114). Mr. Wilkinson asked for a variance to Item #6.a.2 (provide a minimum spacing of 500' between full access drives). He stated he will provide a common access easement at Drive 'A'. Mr. Wilkinson asked for a variance to Item #6.a.5 (spacing between driveways) for Drives C to D, Drives E to F, and Drives F to S.H. 114. After discussion, the Commission agreed to eliminate Drive 'F'. Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 8 of 15 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 _4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 M4 Mr. Wilkinson requested a variance to Item #6.a.6 (required spacing between driveways along 70' collector). Mr. Wilkinson asked for a variance to Item #6.b (stacking depths) on driveways C6, E, G, H, and J. He said they looked into adding more driveways possibly on the S.H. 114 side which would reduce the required stacking depth. He said they did not want to do that; they wanted to limit the number of driveways as much as possible. Commissioner Peebles asked if the reason that driveway 'J' is not in compliance is because of the four (4) parking spaces. Senior Planner Dennis Killough stated that is the reason. Mr. Wilkinson stated the four (4) parking spaces are there to accommodate the required number of spaces for that restaurant site. Commissioner Peebles stated he would be inclined to waive the parking requirement rather than to have those four (4) spaces along that main entrance. Mr. Dozier stated that would be fine. Mr. Wilkinson asked for a variance to Items #6.c.2 and 6.c.3 (driveway alignmems). Mr. Wilkinson asked for a variance to Item #7.d Off Type C bufferyard along the 70' collector). He said ifa 10' bufferyard is placed between the adjacem O-1 lot and the R.O.W., the street alignment will not match with the Northwest Highway overpass. Mr. Wilkinson asked for a variance to Item #10.a (50' building setback on both F.M. 1709 and S.H. 114). He asked for a 30' setback on Building 1 and Building 19. Regarding Item #12, Mr. Wilkinson requested eliminating the following uses in the C-3 zoning district: 7) Conventional golf courses; 16) lodges, sororities, and/or fraternities; and 23) plumbing and heating appliances, repair and installation services. (Planning and Zoning Commission meeting, 09-03-98, tape 1, section #5353) Chairman Creighton asked if Item 17 listed in the C-3 district permitted uses would include assisted living facilities. Mr. Killough stated this item is referring to nursing homes and hospitals, not assisted living facilities. Chairman Creighton suggested striking the words "and care" in Item #17 to avoid any confusion. Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 9 of 15 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 _4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ,_44 Chairman Creighton stated since C-3 includes all C-2 uses which has outdoor Christmas tree sales. She stated she would also strike in the C-2 district: #8 - business colleges or private schools, #24 - frozen food lockers, and #36 - tires, batteries, and automobile accessory sales. She said she would not object to Kuman or Sylvan, but she would not want an ITI. Vice-Chairman Murphy stated he thinks that is being a little overly restrictive. Mr. Dozier stated that a tenant might have Christmas trees outside on their sidewalk. He said there will not be a major Christmas tree lot which only sells Christmas trees. He said he does not want to prohibit their tenants from having them on their sidewalks. He said they are currently talking to a grocery store who he knows sells trees at Christmas on their sidewalk. Mr. Carpenter suggested that possibly the applicant would agree to limit Christmas tree sales to the 5% of the floor area that they are granted by right. Mr. Dozier agreed to that suggestion. Mr. Dozier agreed to limit #8 (business colleges or private schools) in the C-2 district to 30% of the floor area of the lease space. (Planning and Zoning Commission meeting, 09-03-98, tape 1, section #6475) Commissioner Peebles asked if he would eliminate #29 - radio recording and television broadcasting offices and studios. Mr. Dozier agreed. Chairman Creighton asked if he would eliminate #18 in the C-3 district - mortuaries, funeral homes and undertakers. Mr. Dozier said he does not intend to have a mortuary or funeral home but does not want to be in conflict since there is an existing cemetery on the property. Chairman Creighton, Vice-Chairman Murphy, and Commissioner Shankland all agreed that driveway 'F' should be eliminated. Commissioner Peebles stated that he loves this development, and he is all for it. He would like to see more green space on that entry lot and does not want a gas station at that location. He suggested flipping the locations of the water and green space area and the building. Vice-Chairman Murphy stated that is great direction to give them, and he completely agrees. He is adamantly opposed to a gas station on that lot; it should not be the first thing people see. He said he does not mind them showing a building there, per se. Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 10 of 15 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioner Peebles asked that they work with the Landscape Administrator and do whatever they can to save the trees. (Planning and Zoning Commission meeting, 09-03-98, tape 1, section #7288) Mr. Wilkinson stated that they have been meeting with Keith Martin and will continue to work on it. Motion was made to approve ZA 98-094, subject to Concept Plan Review Summary No. 1, dated August 28, 1998, with the following modifications: · stating that approval of this Concept Plan does not imply approval of the gas station as proposed; · allowing Item #3 (intended lotting) as shown; · deleting Item #5.a.2 (public street connecting Crooked Lane to S.H. 114); · deleting Item #6.a.2 (minimum 500' spacing between full access drives) and provide a common access easement at Drive 'A'; · amending Item #6.a.5 (spacing between driveways on F.M. 1709) to delete Driveway 'F', accepting 'A' to 'B', 'B' to 'C', and 'C' to 'D' as shown and accepting 'E' to S. H. 114 at approximately 450'; · amending Item #6.b (stacking depths) to eliminate the four (4) parking spaces on Drive 'J'; · deleting Items #6.c.2 and #6.c.3 (driveway alignment); · deleting the following uses in the "C-3" district: 7). Conventional golf courses, including outdoor driving ranges necessary thereto, but excluding miniature golf courses; 16). Lodges, sororities, and/or fraternities; 18). Mortuaries, funeral homes and undertakers; 23). Plumbing and heating appliances, repair and installation services; and deleting the words "and care" from Item # 17, medical care facilities to include nursing homes, hospitals; · deleting the following uses in the "O-1" district: 29). Radio recording and television broadcasting offices and studios; · deleting the following uses in the "C-2" district: 8). Business colleges or private schools for vocational training; 24). Frozen food lockers for individual or family use, and · accepting the applicant's agreement to limit Christmas tree sales to the 5% of outside sales granted by right and limit any office related training to 30% of the tenant's floor area. Commissioner Peebles asked the applicant if he would be willing to limit the number of screens for auditoriums, theaters, and cinemas to twelve (12). Mr. Dozier stated that he would rather not limit it to twelve (12). After discussion, Vice-Chairman Murphy amended his motion to limit the number of screens for auditoriums, theaters, and cinemas to twelve (12). Motion: Second: Ayes: Murphy Sandlin Shankland, Jones, Murphy, Sandlin, LeVrier, Peebles, Creighton Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 11 of 15 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Nays: None Approved: 7-0 Motion carried. Chairman Creighton that she voted in favor of this item but would like to state for the record that she preferred that Drive 'E' also be eliminated. (Planning and Zoning Commission meeting, 09-03-98, tape 2, section #0345) AGENDA ITEM #8. ZA 98-095. SPECIFIC USE PERMIT FOR A GASOLINE SERVICE STATION WITH A CONVENIENCE STORE AND CAR WASH PER ZONiNG ORDiNANCE NO. 480, SECTIONS 45.1 (40~ AND 45.10: Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a Specific Use Permit for a gasoline service station with a convenience store and car wash per Zoning Ordinance No. 480, Sections 45.1 (40) and 45.10 on property legally described as being Lot 30R, Block E, Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-183, Page 40, Plat Records, Tarrant County, Texas; Lot 31 and a portion of Lot 32, Block E, and a portion of Norcross Road, all being a part of Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-W, Page 51, Plat Records, Tarrant County, Texas; and being approximately 2.103 acres. A Concept Plan for Gateway Plaza will be considered with this request. The property is located on the northeast comer of the intersection of State Highway 114 and East Southlake Boulevard (F.M. 1709). The Current Zoning is "O-1" Office District and "AG" Agricultural District. The Land Use Category is Mixed Use. The Owners of the property are Carlos E. Dorris and John Michael Tate. The Applicant is Lincoln Property Company. Nine (9) written notices were sent to property owners within the 200' notification area, and no responses were received. Robert Dozier (Lincoln Property Company) presented this item to the Commission. Chairman Creighton opened the Public Hearing. Carlos Dorris, 213 Eastwood, Southlake, Texas, owns part of the property for this case. He said he has had many offers to buy this piece of property, but he has totally disagreed with the concept of what they had in mind. He thinks this will be a quality project for the City. Chairman Creighton closed the Public Heating. Mr. Wilkinson asked if the Commission would agree to possibly moving the location of the gas station to the comer of the 70' collector and F.M. 1709. He said it would not meet our current ordinance because that is not an arterial. Commissioner Peebles stated that he would not mind it being at that location particularly if Mr. Wilkinson would add some more green space at the front of the City. He said if Mr. Wilkinson came Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 12 of 15 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ""3 ~4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ,.-14 back with the architectural rendering on Building 9 instead and more green space at the head of F.M. 1709 and S.H. 114, he would favorably consider having the gas station on Building 9. Chairman Creighton stated that substituting a McDonald's for a gas station does not make her feel any better. Commissioner Sandlin stated that he would agree to move the gas station down to the other location as long as we could come up with something that would really be high quality at the entrance to the City. Vice-Chairman Murphy suggested to the applicant that P&Z might be easy compared to where they have to go after this and to not start celebrating, yet. Motion was made to deny ZA 98-095. Motion: Second: Ayes: Nays: Approved: Murphy Sandlin Murphy, Sandlin, LeVrier, Peebles, Shankland, Creighton Jones 6-1 Motion carried. (Planning and Zoning Commission meeting, 09-03-98, tape 2, section #0675) Motion was made to reconsider ZA 98-094. Motion: Peebles Ayes: Murphy, Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton Nays: None Approved: 7-0 Motion carried. Motion was made to amend the previous motion for ZA 98-094 to include the architectural renderings and accepting the applicant's agreement to make them a part of the Concept Plan. Motion: Second: Ayes: Nays: Approved: Murphy Sandlin Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 09-03-98, tape 2, section #0722) Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 13 of 15 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~4 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 42 43 44 ~5 AGENDA ITEM #9. ZA 98-096. SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION PER ZONING ORDINANCE NO. 480, SECTION 45.1 (D Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a Specific Use Permit for the sale of alcoholic beverages for on-premise consumption per Zoning Ordinance No. 480, Section 45.1 (1) on property legally described as being Lot 1, Block 1, 1709 Southlake Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3231, Plat Records, Tarrant County, Texas, and being approximately 2.2957 acres. The property is located at 500 W. Southlake Boulevard, Suite 138, on the northeast comer of the intersection of Shady Oaks Drive and West Southlake Boulevard (F.M. 1709). The Current Zoning is "C-2" Local Retail Commercial District. The Land Use Category is Retail Commercial. The Owner of the property is 1709 Southlake Oaks, Ltd. The Applicant is May Tan. Eleven (11) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was opposed. The applicant was not present for this item and the Commission agreed to table it to the next meeting. Motion was made to table ZA 98-096 and to continue the Public Heating to the September 17, 1998, Planning and Zoning Commission meeting due to the applicant not being present. Motion: Second: Ayes: Nays: Approved: Murphy LeVrier LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 09-03-98, tape 2, section #0815) AGENDA ITEM #12. MEETING ADJOURNMENT: Chairman Creighton adjourned the meeting at 10:43 p.m. on September 3, 1998. (Planning and Zoning Commission meeting, 09-03-98, tape 2, section #0824) Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 14 of 15 1 ATTEST: Lori A. Farwell Community Development Secretary L:\C OMD£V~WP-FILESLM[TGkMIN~ 199 g\09-03-98.WPD Planning and Zoning Commission Meeting Minutes on September 3, 1998 Page 15 of 15