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REGULAR PLANNING AND ZONING
COMMISSION MEETING
November 19, 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: Debra Drayovitch, City Attorney; Greg Last, Community Development
Director; Stefanie Sarakaitis, Comprehensive Planner; Charlie Thomas, Deputy Director of Public
Works; Angela Turner, Staff Engineer; and Lori Farwell, Community Development Secretary.
The Work Session started at 6:27 p.m. and ended at 7:03 p.m.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section #0935)
There was no Executive Session held.
The meeting was called to order by Chairman Creighton at 7:15 p.m.
AGENDA ITEM #2. APPROVAL OF MINUTES:
Chairman Creighton opened discussion of the minutes of the November 5, 1998, Planning and
Zoning Commission meeting.
Motion was made to approve the November 5, 1998, Planning and Zoning Commission meeting
minutes, as presented.
Motion: Sandlin
Second: Jones
Ayes: Murphy, Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton
Nays: None
Approved:
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section #0954)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
There were no Administrative Comments.
AGENDA ITEM #6. AMENDMENTS TO LANDSCAPE ORDINANCE NO. 544:
Planning and Zoning Commission Meeting Minutes on November 19, 1998 Page 1 of 22
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Motion was made to table Amendments to Landscape Ordinance No. 544 and to continue the Public
Hearing to the December 3, 1998, Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Sandlin
Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton
None
%0
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section #0984)
AGENDA ITEM #8. ZA 98-116. REZONING. AND
AGENDA ITEM #9. ZA 98-117. PLAT REVISION FOR THE PROPOSED LOTS 3R1.3R2. AND
3R3~ BLOCK 1. STEWARD ADDITION:
Motion was made at the applicant's request to table ZA 98-116 and ZA 98-117 and to continue the
Public Hearings to the December 3, 1998, Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Shankland
LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section # 1003)
AGENDA ITEM #10. ZA 98-130. REZONING AND CONCEPT PLAN FOR HARRIS
METHODIST SOUTHLAKE:
Motion was made at the applicant's request to table ZA 98-130 and to continue the Public Hearing
to the December 3, 1998, Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Sandlin
Peebles, Shankland, Jones, Murphy, Sandlin, LeVrier, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section #1020)
Planning and Zoning Commission Meeting Minutes on November 19, 1998 Page 2 of 22
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AGENDA ITEM #19. ZA 98-112. PLAT REVISION FOR PROPOSED LOTS 4R1 THROUGH
4R4. GREEN MEADOW SUBDIVISION:
Motion was made at the applicant's request to table and to continue the Public Hearing to the
December 3, 1998, Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Jones
Shankland, Jones, Murphy, Sandlin, LeVrier, Peebles, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section #1051)
Agenda Items #4 and #5 were on the Consent Agenda and were approved with one motion.
AGENDA ITEM #4. ZA98-129. FINAL PLAT FOR LOT 3. BLOCK 1. PERRY/ALLEN
ADDITION. AND
AGENDA ITEM #5. ZA98-132. FiNAL PLAT FOR LOT 1. BLOCK 1. LONESOME DOVE
BAPTIST CHURCH ADDITION:
Motion was made to approve ZA 98-129 and ZA 98-132, both being subject to Plat Review
Summary No. 1, dated November 13, 1998.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Sandlin
Jones, Murphy, Sandlin, LeVrier, Peebles, Shankland, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section #1089)
AGENDA ITEM #7. ZA 98-101. SITE PLAN FOR LOT 3. BLOCK 3. DIAMOND CIRCLE
ESTATES:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Site
Plan for Lot 3, Block 3, Diamond Circle Estates, on property legally described as being Lot 3, Block
3, Diamond Circle Estates, an addition to the City of Southlake, Tarrant County, Texas, according
to the plat recorded in Volume 388-177, Page 7, Plat Records, Tarrant County, Texas, and being
approximately 1.02 acres. The property is located at 316 East Southlake Boulevard (F.M. 1709) on
the northwest comer of the intersection of Diamond Boulevard and East Southlake Boulevard (F.M.
1709). The Current Zoning is "O-1" Office District and the Land Use Category is Office
Planning and Zoning Commission Meeting Minutes on November 19, 1998 Page 3 of 22
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Commercial. The Owner of the property is 2 Diamond Ltd. and the Applicant is James A.
Zimmerer. Twelve (12) written notices were sent to property owners within the 200' notification
area, and one (1) response was received which was undecided.
Jim Zimmerer, 6528 Circle View Drive, North Richland Hills, Texas, and Gary Yarborough
presented this item to the Commission. Mr. Yarborough stated two ReMax-affiliated companies,
Lone Star Title and Lone Star Buyer's Assistance, will occupy a majority of the first floor. He said
they have met with the adjacent property owners and have satisfied all of their concerns.
Mr. Yarborough said the first floor (the ground-level floor) is 10,281 s.f. and the cellar area has been
reduced to 7,200 s.f. He said it is their intent to provide enough parking on this site.
Commissioner LeVrier said the project documents have been the same for the past three meetings
and the Review Comments have been the same for the past three meetings. After being tabled three
times, he asked why they have not incorporated the comments from the City into their plans. He
does not know why the Commission has not had the opportunity to review the documents with all
of the changes incorporated into them.
Mr. Yarborough said they have not meant any disrespect to the City or to the Commission. He said
they have changed their plan considerably over time due to the extensive comments from the
adjacent property owners. He said once this project goes to City Council, Mr. Peterson, the designer,
will back out of the way and they will hire an architect to complete the project. The architect will
provide a detailed set of drawings which will reflect all of the City requirements. He asked the
Commission to please understand they have been drawing plans and trying to accommodate changes
at a very rapid pace.
Commissioner LeVrier asked Mr. Yarborough to please understand it is hard for him to feel positive
about something he does not have in front of him for him to see. He said it would be much easier
for the Commission to send forward a package that complies rather than approving it based on a
letter that says, "We will comply." Conunissioner LeVrier said he has seen the same thing three
times, and they have had ample time to correct the documents.
Chairman Creighton asked what effect the reduction of floor space in the cellar has on the parking
requirements.
Director Last stated he did not know at this time.
Commissioner Jones said this conversation can probably be shortened if Mr. Yarborough brings
forward new plans which address all 15 review items.
Mr. Yarborough asked to be tabled to the next meeting.
Planning and Zoning Commission Meeting Minutes on November 19, 1998 Page 4 of 22
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Although the Public Hearing was previously closed, Chairman Creighton asked if anyone in the
audience would like to speak on this item.
Al Morin (SPIN Representative #10) 1012 Diamond Boulevard, Southlake, Texas, said they have had
two neighborhood meetings regarding this project and from the neighborhood's perspective, they
are comfortable with the project. He said they hope this project goes forward.
Rich O'Day, 921 Emerald Boulevard, Southlake, Texas, said he is generally in support of the project.
He said he will work with the Yarboroughs to incorporate his concerns into the new plans.
Commissioner Peebles suggested that Mr. O'Day list his concerns and give them to the
Yarboroughs. He also asked for the landscaping to be shown on the new plans.
Jim Mellinger, 919 Emerald Boulevard, Southlake, Texas, said he discussed the lighting with the
Yarboroughs, and they agreed for the lights to be on timers which would go off around 9:00 p.m.
with the exception of some motion lights. He said Mr. Yarborough agreed they will never have
access onto Diamond Boulevard, and Mr. Mellinger wanted to make sure that was made a part of
the plans. He said he is fine with the landscaping.
Chairman Creighton said she would have a greater comfort level if the exact square footage of both
floors was shown on the new plans and for staff to determine whether or not they have adequate
parking for that square footage. She would still like to know if the reduction in the square footage
of the cellar addresses the parking issue. She is very pleased to see the applicant has reached an
accord with the adjacent property owners.
Commissioner Shankland said due to the previous confusion with this case, it would be nice to have
a list of the players and who ultimately has authority.
Mr. Yarborough said he is going to go ahead and get an architect and asked to table this item to the
December 17, 1998, meeting.
Motion was made at the applicant's request to table ZA98-101 to the December 17, 1998, Planning
and Zoning Commission meeting.
Motion: Jones
Second: Murphy
Commissioner Peebles asked if Mr. Yarborough has a problem with making the landscape plan
brought tonight a part of their submittal.
Mr. Yarborough said that is fine.
Planning and Zoning Commission Meeting Minutes on November 19, 1998 Page 5 of 22
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Ayes: Murphy, Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section #2078)
AGENDA ITEM #11. ZA 98-131. SITE PLAN FOR SOUTHRIDGE CENTER:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Site
Plan for Southridge Center on property legally described as Lot 12, 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 4596, Plat Records, Tarrant County, Texas, and being approximately
0.819 acres. The property is located on the north side of Corporate Circle approximately 350' east
of North Peytonville Avenue and approximately 400' 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. Seven (7) written notices
were sent to property owners within the 200' notification area, and no responses were received.
David McMahan (Four Peaks Development, Inc.) presented this item to the Commission.
Commissioner Peebles asked if there is any master plan to make this a cohesive development.
Mr. McMahan said they hired Burson and Williams Architects to help them draw up a set of
covenants and restrictions. He said these restrictions will cover what materials can be used and the
general character of the buildings.
Mr. McMahan said regarding Staff Review Comment Item #5, he said the berm exists today. He
also asked for Item #13 (the carport structure) be approved as shown.
Director Last said staff had some confusion regarding how to review the carport - as a structure or
as a building. He said staff could not tell by looking at the plans whether or not it was enclosed.
Mr. McMahan said wherever there is a column for support, there will be lattice work for plants to
grow up onto the carport. He said it would have an arbor-look to it.
Commissioner Peebles asked if the City even allows carports.
Director Last said to his knowledge there is no prohibition of carports.
Chairman Creighton said she has no problem with the concept of covered parking in the context of
a garage or parking lot, it is the concept of an aluminum carport that troubles her.
Planning and Zoning Commission Meeting Minutes on November 19, 1998 Page 6 of 22
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Commissioner LeVrier asked if Mr. McMahan would consider flipping his carport where it becomes
a part of the building.
Director Last said if Mr. McMahan would move the carport next to the building, it would solve both
his setback adjacency problem and move the parking closer to the building.
After further discussion, Mr. McMahan asked to delete the carport structure from this request for the
time being. He would like to have the opportunity to discuss this further with staff, and he would
like his architect to look at the feasibility of moving the carport next to the building.
Commissioner Sandlin said it needs to be part of the building; it should be framed offthe roof and
incorporated into the building. He said it should all be framed and have no metal on it.
Mr. McMahan said if they cannot make the carport work next to the building, then he would
probably bring it back with somewhat the same look but with masonry columns.
Regarding Item #5, Mr. McMahan said they will replace the trees which have died. He said the
berming and fencing are already there.
Commissioner Shankland said Item #5 also requires the applicant to maintain the berm, planting and
fencing and asked if Mr. McMahan is agreeing to that requirement.
Mr. McMahan said he has no problem maintaining the berm and the plantings because they are on
his property, but he has a problem agreeing to maintain a fence when he does not have control of the
use of the fence.
Chairman Creighton said the alternative is that he could be required to put in a wood fence.
Commissioner Shankland asked where a fence would be placed if they were required to put one on
their property.
Director Last said it would be on the back side (residential side) of the berm.
Chairman Creighton opened the Public Hearing.
Steve Laken (President of the Southridge Lakes Homeowners Association) asked the developer to
meet with the Southridge Lakes Architectural Control Committee regarding items such as
bufferyards, wood fencing, drainage and landscaping. He said it is ironic the owner of this property
pays approximately $9,000 annually of homeowners dues, yet the homeowners have no control over
what is built on this property. He would like for this development to be consistent with the other
buildings around Southridge Lakes and be built with stone. He said the carport behind the Black
Planning and Zoning Commission Meeting Minutes on November 19, 1998 Page 7 of 22
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property is pretty. He said there is a variety of fencing on the residential properties adjacent to this
development. He would like the developer to discuss fencing with the adjacent homeowners.
Commissioner Shankland asked the height of the berm.
Director Last stated it varies between 6' and 8' depending on where you are on the property.
Since Mr. McMahan deleted the carport from this request, Chairman Creighton asked staff to clarify
what the process would be if he chooses to add it again at some point in time.
Director Last stated he was not clear on what Mr. McMahan's intent was regarding the carport.
Mr. McMahan said it is his intent to eliminate the carport from this request and go all the way
through City Council without the carport. If they decide they want a carport in the future, they will
do a Revised Site Plan and go back through the process.
Commissioner Shankland asked if Mr. McMahan would be willing to meet with the Homeowners
Association to discuss building features and establish a good working relationship with them.
Mr. McMahan stated he would be happy to meet with them.
Chairman Creighton closed the Public Heating.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section #4037)
Commissioner Jones said he is ready to make a motion unless someone has something to say.
Motion was made to approve ZA 98-131, subject to Site Plan Review Summary No. 1, dated
November 13, 1998, understanding the carport is removed from this request (Item #13) and waiving
Item #5 (screening) but accepting the applicant's commitment to replace the plantings which have
died.
Motion: Jones
There was no second to the motion.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section #4131)
Chairman Creighton said she thinks a fence serves a purpose greater than just screening, it also
serves the purpose of containing the commercial property.
Planning and Zoning Commission Meeting Minutes on November 19, 1998 Page 8 of 22
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Commissioner Jones said he agrees, but he does not agree with putting a fence 2' from another fence
because then there are weeds in between them.
Commissioner Shankland agreed with Commissioner Jones in that there should not be a fence built
next to another fence but wishes he had a better idea of the existing conditions of each yard (whether
or not there is existing fencing and what type of fencing).
Motion was made to approve ZA 98-131, subject to Site Plan Review Summary No. 1, dated
November 13, 1998, deleting all items relative to the carport (Item #13).
Motion: Murphy
Second: Sandlin
Vice-Chairman Murphy said he would like to see some sort of plan to have this properly fenced
separating it from the residential properties rather than doing this one at a time; that is why he
accepts Item #5 as written.
Commissioner LeVrier agreed saying it should addressed with the homeowners. He said they might
be able to work something out to where they share the cost of fencing; one way or another something
needs to be worked out.
Ayes: Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section #4368)
Chairman Creighton called for a break at 8:51 p.m.
Chairman Creighton called the meeting back to order at 9:09 p.m.
AGENDA ITEM #12. ZA 98-133. REZONING:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a
Zoning Change on property legally described as being a portion of Tract 1 C2 situated in the L.B.G.
Hall Survey, Abstract No. 686, and being approximately 1.174 acres. The property is located on the
west side of North White Chapel Boulevard being approximately 700' north of West Southlake
Boulevard (F.M. 1709). The Current Zoning is "CS" Community Service District. The Requested
Zoning is "S-P-2" Generalized Site Plan District with "C-3" General Commercial District uses
excluding the following uses: frozen food lockers for individual or family use, not including the
processing of food except cutting or wrapping; bowling alleys; conventional golf courses, including
outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses; lodges,
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sororities and/or fraternities; medical care facilities to include nursing and care homes, hospitals with
their related facilities and supportive retail and personal service uses operated by or under the control
of the hospital primarily for the convenience of patients, staffand visitors; mortuaries, funeral homes
and undertakers; skating rinks, ice and roller (indoor only); and taverns, clubs and other comparable
establishments under which the on-premises consumption of alcoholic beverages is permitted subject
to issuance of a special use permit as required in Section 45 of Zoning Ordinance No. 480. The Land
Use Category is Retail Commercial. The Owner of the property is EPIPD-Crossroads Square, L.P.
The Applicant is Bury & Pittman - DFW, Inc. Five (5) written notices were sent to property owners
within the 200' notification area, and one (1) response was received which was opposed.
Commissioner Peebles said he would like to make a motion to table this item until after the Site Plan
is heard because some of the Commission has concerns regarding the requested zoning. If they hear
the Site Plan first, they can determine how much work needs to be done regarding the Site Plan and
whether or not they want to request that the applicant seek a different zoning
Motion was made to table ZA 98-133 and to continue the Public Hearing until such time the
Commission has heard ZA 98-134.
Motion: Peebles
Second: Shankland
City Attorney Debra Drayovitch asked the Commission if they are intending to vote on the Site Plan
before the zoning.
Commissioner Peebles said no, but he anticipates the Site Plan will come back at a later date but
wanted to get into the Site Plan to see how much time it is going to take to come back. If there are
so many changes it is going to take 6 weeks for them to return, then he was going to suggest for the
applicant to ask for "C-2" zoning.
Ayes: LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton
Nays: None
Approved: 7-0
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section #4680)
AGENDA ITEM # 13. ZA 98-134. SITE PLAN FOR TOM THUMB CENTER AND ECKERD'S:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Site
Plan for Tom Thumb Center on property legally described as Lot 3, and a portion of Lots 2 and 4,
L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 1216, Plat Records, Tarrant County, Texas, and
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a 1.174 acre portion of Tract 1C2 situated in the L.B.G. Hall Survey, Abstract No. 686, and a Site
Plan for Eckerd's on property legally described as Lots 5 and 6, Block 6, Diamond Circle Estates,
an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in
Volume 388-181, Page 69, Plat Records, Tarrant County, Texas, and being approximately 9.386
total acres. The Tom Thumb Center property is generally located on the northwest comer of the
intersection of North White Chapel Boulevard and West Southlake Boulevard (F.M. 1709) and the
Eckerd's property is located on the northeast comer of the intersection of North White Chapel
Boulevard and East Southlake Boulevard (F.M. 1709). The Current Zoning is "CS" Community
Service District, "C-2" Local Retail Commemial District, and "S-P-2" Generalized Site Plan District
with "C-3" General Commercial District uses excluding the following uses: frozen food lockers for
individual or family use, not including the processing of food except cutting or wrapping; bowling
alleys; conventional golf courses, including outdoor driving ranges accessory thereto, but excluding
outdoor miniature golf courses; lodges, sororities and/or fraternities; medical care facilities to include
nursing and care homes, hospitals with their related facilities and supportive retail and personal
service uses operated by or under the control of the hospital primarily for the convenience of
patients, staff and visitors; mortuaries, funeral homes and undertakers; skating rinks, ice and roller
(indoor only); and tavems, clubs and other comparable establishments under which the on-premises
consumption of alcoholic beverages is permitted subject to issuance of a special use permit as
required in Section 45 of Zoning Ordinance No. 480. The Land Use Category is Retail Commercial.
The Owners of the property are EPIPD-Southlake No. 1, L.P. (Eckerd's site) and EPIPD-Crossroads
Square, L.P. (Tom Thumb Center). The Applicants are Bury & Pittman - DFW, Inc. (Tom Thumb
Center) and Michael F. Twichell, Inc. (Eckerd's site). Thirteen (13) written notices were sent to
property owners within the 200' notification area, and one (1) response was received which was
opposed.
DavidMcMahan, 1335 Hidden Glen, Southlake, Texas, presented this item to the Commission. He
said he is a little disappointed they were not afforded the opportunity to discuss whether or not the
previous case was tabled. He wanted to make sure the Commission understood that the land was
purchased from the City with the understanding that it be allowed to be utilized for the purposes they
are requesting. He thinks it is important they know that if they don't already. He understands that
does not give them the zoning on this property, but he wanted them to know the history on this
property and what has transpired. He said they do not feel comfortable discussing the Site Plan
without the zoning in place and requested this item be tabled until the zoning is in place. It is his
understanding this item cannot be acted on without the zoning.
Chairman Creighton said it is the feeling of some of the Commissioners that perhaps more
limitations on the property are in order. She clarified that there is no intent whatsoever to try to
eliminate the proposed use of the proposed Tom Thumb store or Eckerd's. She said the use in
particular that worries them is a movie theater which is allowed in the "C-3" zoning district.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section #5003)
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Mr. McMahan reiterated again they are very uncomfortable discussing the Site Plan until the zoning
is in place. He requested this item be tabled until after the zoning case is heard.
Commissioner Peebles said he was wanting to change the zoning request on ZA 98-133 from "CS"
to "C-2" which would eliminate the possibility of a movie theater. He said counsel has told him that
will not work; they have said the entire tract needs to be "C-2."
Mr. McMahan said their problem is time because Tom Thumb has set a very tight schedule. He said
they really do not have much time. Regarding driveways, they are extremely limited as to what they
can do. He asked again for the Commission to vote on the zoning so they can get back to the Site
Plan and discuss those issues.
Commissioner LeVrier asked if it is possible to further restrict the uses under the "S-P-2" zoning.
Director Last said under "S-P-2" it is possible to change the uses but that is only on the portion
which has been advertised as a zoning request which is the 1.174 acres, not on the larger tract.
Commissioner Peebles asked if the Commission needs to go into Executive Session.
Chairman Creighton said the Commission would be going into Executive Session to consult with
the City Attorney regarding matters authorized by Section 551.071 of the Texas Government Code.
The Executive Session started at 9:29 p.m. and ended at 9:44 p.m.
Motion was made to reconsider ZA 98-133.
Motion:
Second:
Ayes:
Nay:
Approved:
Shankland
Sandlin
LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section #5296)
AGENDA ITEM #12. ZA 98-133. REZONING:
David McMahan, 1335 Hidden Glen, $outhlake, Texas, said as a part of the consideration they would
delete a movie theater from any part of this zoning action. As an informational comment only, he
said they will deed restrict the balance of the property so there cannot be a movie theater there either.
Commissioner Jones asked if that puts it in the position that this building cannot be built.
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Director Last said there cannot be two different zonings on the same piece of land and having a
different restriction under the "S-P-2" qualifies as different zoning.
Commissioner Sandlin said the applicant can deed restrict it on his own, though.
Commissioner Jones said they can deed restrict both pieces.
Mr. McMahan agreed.
Chairman Creighton opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Creighton closed the Public Hearing.
Vice-Chairman Murphy said he believes they should move this forward and get to the Site Plan.
Commissioner Sandlin agreed.
Motion was made to approve ZA 98-133 accepting the applicant's acknowledgment to deed restrict
both tracts to exclude movie theaters.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Sandlin
Peebles, Shankland, Jones, Murphy, Sandlin, LeVrier, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 1, section//5518)
AGENDA ITEM # 13. ZA 98-134. SITE PLAN FOR TOM THUMB CENTER AND ECKERD'S:
DavidMcMahan, 1335 Hidden Glen, Southlake, Texas, presented this item to the Commission. He
asked for bufferyard variances to Items #3.a. 1, #3.a.2,//3.a. 3.
He asked for a variance to #4.b regarding landscaping.
Director Last said Item #3.a.3 should read "west" instead of "east." He also said Item #4.b is
incorrect and should read "13 s.f. per parking stall" instead of"23 s.f. per parking stall."
Commissioner Shankland suggested putting speed bumps throughout the shopping center to possibly
help with speeding traffic.
Commissioner Sandlin asked if the City is intending to improve White Chapel Boulevard any time
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soon.
Director Last said there are short-term plans and long-term plans. The short-term plans may include
improvement of the intersections along F.M. 1709 along arterial streets and the long-term plans for
White Chapel Boulevard are two (2) lanes in each direction with a center turning lane.
Commissioner Sandlin said if this item goes forward, there has to be something done to that
intersection to accommodate people turning right and left.
Commissioner Shankland asked Mr. McMahan if he would commit to maintaining the landscaping
beyond the time required by the City.
Mr. McMahan said he would.
Mr. McMahan asked for a variance regarding sidewalks on Item #5 and to Items #6.d. 1, 2, 3, 4, and
5 regarding driveway spacing requirements. He suggested moving the south driveway on the
Eckerd's site further to the east and possibly even having a common driveway with Dr. Wright to
the east; either of those options would eliminate many of the comments. He said it could be moved
approximately 180' further to the east. He said Items #6.d.6 and #6.d.7 need to be worked out with
Dr. Wright.
He asked for a variances to the throat depth items. He said he thinks they can work out Items #9.a,
#9.b, and #9.c by rearranging the loading dock. He asked for variances to Items gl 1.a, gl 1.b,#11.c,
#14.a, #14.b, #14.d, #16, #19, #23, #25, and #26.d.
(Planning and Zoning Commission meeting, 11-19-98, tape 2, section #0310)
Chairman Creighton opened the Public Hearing.
Al Morin (SPIN Representative glO) 1012 Diamond Boulevard, Southlake, Texas, said they had a
SPIN meeting and all of the neighbors in attendance were in favor of the project. He said this is
going to look better and clean up that comer. He said there are many positive things and sometimes
when you are dealing with a project like this, there are trade-offs. He said generally speaking, the
neighbors would like to see this happen.
Randall Boyd, 807 Pearl Drive, Southlake, Texas, said he has $40,000 worth of landscaping in his
back yard. He said he is living with this shopping center and is not opposed to it. He said he is
worried about the drive-through at Eckerd's; they want to make sure they do not get lights in their
backyard. He said there is a fence back there which is half brick and half wood and would like to
work with Mr. McMahan regarding a fence strategy so that light will not go through to their
backyards. He said he is delighted it is not a Texaco. He can live with an Eckerd's but would like
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to know more about their hours of operation. He asked when Eckerd's is allowed to have their
dumpster emptied and when they are allowed to vacuum clean their parking lot. He questioned what
the elevation of the property will be and what type of trees will be placed on the Eckerd's site.
Commissioner Jones asked staff if there is anything that regulates trash pick-up or leaf blowers in
the middle of the night.
Director Last said the only thing that regulates that would be the noise ordinance.
Dr. Robert Montoya, 809 Pearl Drive, Southlake, Texas, said he agrees with Mr. Boyd on most
everything. He discussed the drive-through with Mr. McMahan, and Mr. McMahan is considering
flipping its location which would be eminently better for him. He has some concerns regarding the
final elevation of the Eckerd's site since that property has gradually been built up over the years.
He discussed his concerns with the project engineers regarding the integrity of his wall due to the
change in elevation. The engineers told him they could probably put in a retaining wall which would
help his situation. He thinks Eckerd's is the best thing for this lot but questioned the hours of
operation. He said since Mr. McMahan is not putting in quite as many plants on the Tom Thumb
site maybe he could put in more on this property. He said there is a wall between Dr. Wright's office
and this site which is in disrepair and asked if it could be considered at this time. Overall, this
proposal would be an improvement to the area.
Don Mullman, 803 Pearl Drive, Southlake, Texas, asked for more trees along the east side of Tom
Thumb. He would like to see the lights directed down on the side of the existing Eckerd's because
they shine into his kitchen. He suggested putting motion detectors around the back side instead of
lighting which continually stays on. He asked that Mr. McMahan work with Dr. Wright regarding
the fencing between the properties.
Tera McMillan, (SPIN Liason #10) 1023 Mission Drive, Southlake, Texas, said she has fought
almost every one of Mr. McMahan's past projects but she agrees with him on this one. She said 7
to 10 of her neighbors called her to voice their support for this project. She said they all begged for
a Tom Thumb when Food Lion went into this location. They think it will enhance the neighborhood.
Dr. Greg Wright said he is open to discussion regarding the common driveway. He is in favor of
this project and needs to be able to drive through their parking lot. He said they originally talked
about having a common driveway at that location before his building was built.
Chairman Creighton closed the Public Hearing.
(Planning and Zoning Commission meeting, 11-19-98, tape 2, section #0908)
Commissioner Jones said he appreciates the neighbors coming out so the Commission will not have
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to guess how they feel.
Commissioner Peebles asked Mr. McMahan if he would be willing to relocate the number of
required plant materials on the Tom Thumb site.
Mr. McMahan said he does not have a problem doing that in concept but questioned whether or not
that is a good idea. He said if he is eight (8) canopy trees short and he sticks them in one location,
they might not make it.
Chairman Creighton said she does not want to lose plant materials. She said if Mr. McMahan is
unable to put the required number of plant materials on the Tom Thumb site do to the lack of square
feet of landscape area, he probably has more room over on the Eckerd's site.
Mr. McMahan said if there is room and it fits, that's fine.
Commissioner Jones suggested planting, for example, one (1) six inch (6") tree in lieu of two (2)
three inch (3") trees.
Commissioner Shankland said he is bothered by developments in the City who originally meet the
ordinance and then after waiting the required amount of time, let them die.
Commissioner LeVrier asked if he would be willing to coordinate with the Landscape Administrator
to maximize the plant materials on both sites.
Mr. McMahan said yes.
Commissioner Peebles said whatever plantings would otherwise be required, he wants that number
in there.
Mr. McMahan said he would commit to that.
Regarding fencing on the Eckerd's site, Vice-Chairman Murphy said the neighbors need to have a
fence strategy discussion with Mr. McMahan.
Mr. McMahan said he has no problem with that.
Going back to the review comments, Mr. McMahan asked for relief on Item #1 lc because he said
he cannot relocate the transformers on the west property line.
Director Last said there is a transformer towards the northwest comer of the property which is a City
transformer which can be removed; Mr. McMahan could gain another parking space there.
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Regarding the height of the building, Chairman Creighton asked if this building is any taller than
the Tom Thumb in Grapevine.
Mike Twichell (TwichellArchitecture) said it is very similar to that store. He said the overall height
of the building is anywhere from 28' - 30' high. The entry feature is accentuated to 53' high for
signage.
Director Last said the predominate height of the building is less than 35'. The entry feature is an
architectural element which is not measured in the same fashion as the predominate height of the
building. In fact, the height measurement, rather of being the peak, would be the UBC measurement
which would be mid-point to the rise which is actually 47'. The architectural element is allowed to
increase 15' above the required maximum building height which is 35', so they could go to 50' when
they are actually at 47'. He said they comply since the entry feature is an architectural element and
not the predominant part of the building.
Chairman Creighton said she would like to make an announcement regarding how far the
Commission will get on the agenda tonight. She asked staff'to tell her what items after Tom Thumb
will need to be heard tonight.
Director Last said the only item is Item #18 which is a plat showing. He said the Commission has
the ability to table Items #15, 16, and 17 at their discretion. It may be the applicant's desire to
request the tabling of the plat so he can process his plat concurrently with his zonings and site plans.
Chairman Creighton said the Commission will not be hearing Items #15, 16, and 17 and asked the
applicant if he wishes to table Item #18.
Commissioner Peebles asked since they have sat here tonight for 4 ½ hours, if they can be placed
at the beginning of the next agenda.
Director Last said there may be a couple of ordinances on that agenda before these items, but these
cases could be placed before any other development cases.
The applicant requested to table Item #18, ZA 98-139.
AGENDA ITEM #15. ZA 98-136. REZONING AND SITE PLAN FOR DAVIS BOULEVARD
CENTER.
AGENDA ITEM #16. ZA 98-137. REZONING AND SITE PLAN FOR DAVIS BOULEVARD
CENTER.
AGENDA ITEM #17. ZA 98-138. SPECIFIC USE PERMIT FOR GASOLINE SERVICE
STATION WITH A CONVENIENCE STORE PER ZONiNG ORDiNANCE NO. 480. SECTIONS
45.1 (40) AND 45.10. AND
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AGENDA ITEM #18. ZA 98-139. PLAT SHOW1NG FOR PROPOSED LOTS 3.4. AND 5. T. J.
THOMPSON NO. 1502 ADDITION:
Motion was made at the applicant's request to table ZA 98-136, ZA 98-137, ZA 98-138, and ZA 98-
139 and to continue the Public Hearings to the December 3, 1998, Planning and Zoning Commission
meeting and placing them in front of all other development cases on that agenda.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Sandlin
Shankland, Jones, Murphy, Sandlin, LeVrier, Peebles, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 2, section #2131)
Chairman Creighton asked if Mr. McMahan would provide additional bufferyard enhancements to
get him the additional 5% impervious coverage (Item #25).
Mr. McMahan said yes he would do that, but he does not know if that still gets him there.
The Commission discussed articulation and determined that Item #26 will be left in and the applicant
will be required to comply. The Commission directed Mr. McMahan to discuss this with Tom
Thumb.
Commissioner Peebles said he has not seen anybody request more variances, but there is absolutely
no citizen opposition to it which makes it very difficult for him.
Chairman Creighton said there are a lot of constraints they are working with to put Tom Thumb
there, and although these are not variances she likes to see granted, she understands what their
process has been. She said it is in the City's best interest to get something in the Food Lion building.
She said the Eckerd's site is a completely different animal and although she believes Mr. McMahan
that Eckerd's absolutely has to go there, they still need to fit and comply with our ordinances.
Commissioner Shankland said he has a hard time believing the Tom Thumb parking lot will be full
except for possibly 3 or 4 times a year. He thinks it will be a nice addition to the City, but he agrees
with Chairman Creighton that Eckerd's needs to comply.
Chairman Creighton said again she would like to see the landscaping concentrated where possible.
Commissioner LeVrier said he understands there are many variances being requested, but the
developer has the opportunity to really expand this site; to not only put in a store, but enhance the
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overall center look. He thinks they should go the extra mile to really bring something more forward.
Mr. McMahan said there will be new treatments across the existing shops which will really enhance
them.
Commissioner LeVrier asked what the colors will be.
Mr. Twichell said the brick will match the existing brick as best they can.
Commissioner Peebles asked Dr. Montoya what his thoughts are regarding the congestion in this
area.
Dr. Montoya said there is already congestion in the area, and it will probably not be helped by
putting in the Tom Thumb although he thinks that will be accommodated down the road when the
infrastructure is a little better. He is willing to deal with the congestion for a little while until White
Chapel Boulevard is improved. Even after hearing all the variances, he is willing to live with that.
Regarding congestion, Dr. Wright said they currently have a severe traffic problem with people
entering and exiting his office. He has talked about it with police officers in his parking lot. He said
this is an opportunity to get some relief by creating a common driveway. He said there is a benefit
because we are eliminating one problem that we currently have on that comer.
Motion was made to approve ZA 98-134, subject to Site Plan Review Summary No. 1, dated
November 13, 1998, deleting Item #3.a (parking and pavements within bufferyards) in its entirety;
modifying Item #4.b to reflect a corrected landscape parking island area of 13 s.f.; adding Item #4c
requiring the applicant to place the required plantings on one (1) or both sites; deleting Items
#6.d. 1,2,3, 4, and 5; deleting Items #6.d.6 and # 6.d.7 to be worked out with Dr. Wright; accepting
Item #6.f. 1 as shown; reconfiguring the driveway at Eckerd's for Item #6.f.2; on Item #7 stating the
applicant will work with Dr. Montoya and Randall Boyd regarding fencing and lighting; deleting
the screening wall requirement in Item #9.c but requiring more trees to be placed in the "Do Not
Develop" area on the Tom Thumb site; deleting Items gl 1.a, b and c (parking) but requiring the
developer to remove the City-owned transformer in the northwest comer and requiting the developer
to work with the Park Board regarding the parking issues; accepting Item #14.a (50' front building
setback) as shown; deleting Item # 16 (maximum 35' building height); on Item # 19 accepting the
applicant's commitment to add parapets to substantially cover all mechanical equipment; and
accepting Item #25 as shown but also accepting the applicant's commitment to provide the additional
bufferyard landscape enhancements to receive the additional 5% impervious coverage; and accepting
the applicant's commitment to maintain the landscaping indefinitely.
Motion: Murphy
Second: Shankland
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Commissioner Peebles said this is the hardest vote he has had. It is obvious the community is in
favor of it.
Vice-Chairman Murphy said if this would have been easy, we would have seen something on it three
(3) years ago. He is happy to have something productive go into this site.
Chairman Creighton said the only addition she would like to see go into the motion would be a
differentiation in the impervious coverage between the Eckerd's site and the Tom Thumb site
because she is concerned the Eckerd's site is not complying. Although she wants to support this,
she feels so strongly about the impervious coverage she will not be able to if Eckerd's does not
comply. She asked Vice-Chairman Murphy if he would be willing to amend his motion to reflect
that.
Vice-Chairman Murphy said he would like to leave his motion as it is.
Commissioner Peebles said if he didn't have as much concern about congestion that he already does,
he would vote this down for that reason because they ought to be able to comply with that.
Vice-Chairman Murphy thinks they already do comply and his motion stands.
Ayes: Jones, Murphy, Sandlin, LeVrier, Shankland
Nays: Peebles, Creighton
Approved: 5-2
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 2, section #3940)
AGENDA ITEM #14, ZA 98-135. PLAT REVISION FOR PROPOSED LOTS 2R1.2R2. AND 4R.
L.B.G. HALL NO. 686 ADDITION:
Comprehensive Planner Stefanie Sarakaitis informed the Commission that this request is for a Plat
Revision for the proposed Lots 2R1, 2R2, and 4R, L.B.G. Hall No. 686 Addition, being a revision
of Lots 2, 3, and 4, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Cabinet A, Slide 1216, Plat Records, Tarrant
County, Texas, and a 1.174 acre portion of Tract 1C2 situated in the L.B.G. Hall Survey, Abstract
No. 686, and being approximately 10.127 total acres. The property is located on the northwest
comer of the intersection of North White Chapel Boulevard and West Southlake Boulevard (F.M.
1709). The Current Zoning is "CS" Community Service District and "S-P-2" Generalized Site Plan
District with "C-3" General Commercial District uses excluding the following uses: frozen food
lockers for individual or family use, not including the processing of food except cutting or wrapping;
bowling alleys; conventional golf courses, including outdoor driving ranges accessory thereto, but
excluding outdoor miniature golf courses; lodges, sororities and/or fraternities; medical care facilities
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to include nursing and care homes, hospitals with their related facilities and supportive retail and
personal service uses operated by or under the control of the hospital primarily for the convenience
of patients, staff and visitors; mortuaries, funeral homes and undertakers; skating rinks, ice and roller
(indoor only); and taverns, clubs and other comparable establishments under which the on-premises
consumption of alcoholic beverages is permitted subject to issuance of a special use permit as
required in Section 45 of Zoning Ordinance No. 480. The Land Use Category is Retail Commercial
and Public Parks/Open Space. The Owners of the property are EPIPD - Crossroads Square, L.P.,
and the City of Southlake. The Applicant is Bury & Pittman - DFW, Inc. Ten (10) written notices
were sent to property owners within the 200' notification area, and no responses were received.
David McMahan presented this item to the Commission. He asked for a variance to Item #8.f
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 approve ZA 98-135, subject to Plat Review Summary No. 1, dated November
13, 1998, deleting Items #8.f (5' utility easement along north line of Lot 2R1), #8.g (5' utility
easement along south line of Lot 2R2), and #11.b (additional R.O.W.).
Motion: Murphy
Second: Jones
Ayes: Murphy, Sandlin, LeVrier, Shankland, Jones
Nays: None
Abstain: Peebles, Creighton
Approved: 5-0-2
Motion carried.
(Planning and Zoning Commission meeting, 11-19-98, tape 2, section #4240)
AGENDA ITEM #20. MEETING ADJOURNMENT:
Chairman Creighton adjourned the meeting at 12:24 a.m. on November 20, 1998.
(Planning and Zoning Commission meeting, 11-19-98, tape 2, section #4244)
Xnn Creighto~
Chairman
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ATTEST:
Lori A. Farwell
Community Development Secretary
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