1998-12-03 P&Z Meeting 1
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REGULAR PLANNING AND ZONING
COMMISSION MEETING
December 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: Debra Drayovitch, City Attorney; Dennis Killough, Senior Current
Planner; Greg Last, Community Development Director; Chris Carpenter, Senior Comprehensive
Planner; Angela Turner, Staff Engineer; and Loft Farwell, Community Development Secretary.
The Work Session started at 6:21 p.m. and ended at 6:59 p.m.
(Planning and Zoning Commission meeting, 12-03-98, tape 1, section #1165)
There was no Executive Session held.
The meeting was called to order by Chairman Creighton at 7:10 p.m.
AGENDA ITEM #2. APPROVAL OF M1NUTES:
Chairman Creighton opened discussion of the minutes of the November 19, 1998, Planning and
Zoning Commission meeting.
Motion was made to approve the November 19, 1998, Planning and Zoning Commission meeting
minutes, as presented.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
LeVrier
Murphy, Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-03-98, tape 1, section # 1183)
AGENDA ITEM #3. ADMINISTRATIVE COMMENTS:
There were no Administrative Comments from staff.
Commissioner Peebles said he would like the record to reflect the outcome of the Commission's
Planning and Zoning Commission Meeting Minutes on December 3, 1998 Page 1 of 18
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discussion during Work Session regarding improving the submittal process for City Council and the
Commission's suggestions to City Council. He said regardless of the complexity of the changes,
the Commission would like to make resubmittals mandatory for the Monday following P&Z
meetings. He said the Commission is going to decide on a case by case basis if the changes are
significant enough to table the case for it to come back to P&Z as opposed to sending it forward to
City Council.
The Commission also suggested that City Council table an item if an applicant did not make the
changes they said they would before they resubmitted new plans.
Commissioner Shankland wanted to make it clear these are City Council's feelings to the
Commission. He said they want plans that are clean and that are not so cumbersome.
Chairman Creighton stated Ordinance No. 480-DD has been withdrawn due to the last Work Group
meeting in which their discussion was they wanted to go in a different direction than the proposed
draft ordinance; they want to withdraw this ordinance and readvertise the new ordinance the first of
next year.
AGENDA ITEM #6. ORDINANCE NO. 480-DD. REVISIONS AND ADDITIONS TO SECTION
30. "PUD." PLANNED UNIT DEVELOPMENT DISTRICT OF THE CITY'S COMPREHENSIVE
ZONiNG ORDINANCE NO. 480. AS AMENDED. WITH RESPECT TO MINIMUM ACREAGE
AND OPEN SPACE REOUIREMENTS.
(Planning and Zoning Commission meeting, 12-03-98, tape 1, section #1332)
Chairman Creighton stated the applicants have requested to table the following items:
AGENDA ITEM #4. ZA98-146. FINAL PLAT FOR LOCH MEADOW ESTATES:
AGENDA ITEM #5. AMENDMENTS TO LANDSCAPE ORDINANCE NO. 544:
AGENDA ITEM #7. AMENDMENTS TO ORDINANCE NO. 693:
AGENDA ITEM # 13. ZA 98-115. PLAT SHOWING FOR PROPOSED LOTS 3 THROUGH 6. J.
THORNHILL NO. 1505 ADDITION:
AGENDA ITEM #14. ZA 98-118. REZONING AND DEVELOPMENT PLAN FOR
CHESAPEAKE PLACE. AND
AGENDA ITEM #15. ZA 98-119. PRELIMINARY PLAT FOR CHESAPEAKE PLACE:
Motion was made at the applicant's request to table ZA 98-146, to the January 7, 1999, Planning and
Zoning Commission meeting; to table Amendments to Landscape Ordinance No. 544 and to
continue the Public Hearing to the December 17, 1998, Planning and Zoning Commission meeting;
to table the Amendments to Ordinance No. 693 and to continue the Public Heating to the January
7, 1999, Planning and Zoning Commission meeting; to table ZA 98-115 to the December 17, 1998,
Planning and Zoning Commission meeting; to table ZA 98-118 and to continue the Public Hearing
Planning and Zoning Commission Meeting Minutes on December 3, 1998 Page 2 of 18
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to the December 17, 1998, Planning and Zoning Conunission meeting; and to table ZA 98-119 and
to continue the Public Hearing to the December 17, 1998, Planning and Zoning Commission
meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Jones
Sandlin, LeVrier, Peebles, Shankland, Jones, Murphy, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-03-98, tape 1, section #1368)
Commissioner Peebles abstained from Agenda Items #8 and #11 because he represents an interested
party.
AGENDA ITEM #8. ZA 98-136. REZONING AND SITE PLAN FOR DAVIS BOULEVARD
CENTER:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Zoning Change on property legally described as being a portion of Tract 1B 1, situated in the T. J.
Thompson Survey, Abstract No. 1502, and being approximately 0.55 acres. A Site Plan for Davis
Boulevard Center will be considered with this request. The property is located on the east side of
Davis Boulevard (F.M. 1938) approximately 300' north of Continental Boulevard. The Current
Zoning is "AG" Agricultural District. The Requested Zoning is "C-2" Local Retail Commercial
District. The Land Use Category is Retail Commercial. The Owner of the property is Ron Woods.
The Applicant is Segai Enterprises. Six (6) written notices were sent to property owners within the
200' notification area, and one (1) response was received which was in favor.
Lindy Ballew (K12 Design) 1727 E. Price Street, Keller, Texas, presented this item to the
Commission. He said they are voluntarily meeting the articulation requirements although they are
not required to on Davis Boulevard. He said it states on Page 43-5 of the Zoning Ordinance that
Davis Boulevard is not required to meet the articulation requirements and said when he met with
City staff, they agreed Davis Boulevard is not part of that requirement.
Mr. Killough stated although they are in the Corridor Overlay Zone, F.M. 1938 has been omitted
from the facade articulation requirements. He said there are standards in the Residential Adjacency
which would require them to comply.
Mr. Ballew apologized saying he misunderstood the requirements for the articulation. He said staff
assured him he did not have a problem with the Residential Adjacency because there is a commercial
lot between him and the residential. He said staffdid not realize it was closer than 400'.
Planning and Zoning Commission Meeting Minutes on December 3, 1998 Page 3 of 18
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Mr. Ballew requested a variance to Staff Review Items #l-a, b, and c regarding driveways.
Chairman Creighton asked if there is a possibility of a common access easement between this
property and the car wash.
Mr. Ballew said it is a possibility, but they have not pursued it.
Commissioner Jones asked staff their opinion regarding placement of the driveway.
Mr. Ballew said there is another issue which has evolved recently which is the property to the east
is now wanting to develop and wants an access through this subject property onto Davis Boulevard.
Vice-Chairman Murphy asked what the speed limit is along Davis Boulevard.
Commissioner Sandlin said it is 55 m.p.h.
Mr. Ballew said he needs direction from the Commission if he is not going to have access off of
Davis Boulevard. He asked if the Commission is denying him access from Davis Boulevard.
Commissioner Jones said they are not denying him access to his property if they are giving him
access at any point, but he thinks the Commission's preference would be to not access Davis
Boulevard in an unsafe fashion. He asked if Mr. Ballew would be kind enough to work out
something a little safer in regard to Davis Boulevard in order to avoid some fender-benders and
possibly worse.
Mr. Ballew asked for a variance to Item #2c regarding the bufferyard requirement between Lots 1
and 2. He asked for a variance to Item #3b regarding the pitched roof requirement. He said the dry
cleaners has a large amount of equipment on the roof which needs to be screened, and it is very hard
to screen it on a sloped roof. He thinks it would be much cleaner to provide a parapet.
Commissioner LeVrier said the equipment can be screened on a sloped roof; it takes a little more
effort but it can be done. He said this design will never make it past City Council.
Vice-Chairman Murphy said when this item comes back to P&Z, he would like to see the numbers
on Mr. Ballew's letter mirror the numbers on the Staff Review letter because it is easier to follow.
Chairman Creighton asked if they will meet the articulation.
Mr. Ballew said yes.
Chairman Creighton opened the Public Heating.
Planning and Zoning Commission Meeting Minutes on December 3, 1998 Page 4 of 18
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Wayne Haney, (SPIN #15 Representative) 400 Brock, Southlake, Texas, said this is a ragged comer
of Southlake and this is an opportunity to do something good. He said this is one of the first areas
coming north of Davis Boulevard which is visible as people enter the City of Southlake. He said this
is a chance to make it better. He asked the Commission to hold out for the best-looking entry to the
City they possibly can get. He uses the car wash to the north and said stacking occurs while people
are waiting to get their cars cleaned, and if the Commission is trying to combine these two (2)
driveways, it is his opinion there will be more problems created than solved. There is also some
sloping that occurs where the two (2) driveways would meet. In his opinion, he said he does not
know how this business could be economically viable without access to Davis Boulevard.
Brad Walker, 1903 Crescent, Southlake, Texas, said he is more concemed about the entrance on
Continental Boulevard than the entrance on Davis Boulevard. He said it would be very difficult for
any commemial traffic to turn into this business from Continental Boulevard. He also asked the
Commission to set the stage for the type of construction fronting Southlake.
David Bowles (Metro Portable Homes) bought the Harlan property to the east of this property. He
agreed with Mr. Haney and Mr. Walker. He said it is difficult getting off of Continental Boulevard
onto Davis Boulevard and if there is something which can be done about that, then it should be
looked at.
Chairman Creighton asked what Mr. Bowles intends to do with the Harlan property.
Mr. Bowles said they intend to plat it and zone it for office use.
Commissioner Jones asked if he would be amenable to a common access onto Continental Boulevard
which would be shared with Mr. Ballew's development.
Mr. Bowles said he would need to look at it further.
Commissioner Jones asked that he meet with Mr. Ballew and see what they could agree to.
Mr. Bowles said it sounds good as long as it benefits both of them.
Chairman Creighton left the Public Hearing open.
Commissioner Sandlin told the applicant to do something with the facade and eliminate the
bookkeeping items from the StaffReview letter. He agreed with Mr. Haney by saying he has seen
cars stacked up at the car wash and questioned how cars would get in and out of this development
if there was a common access. He asked for staff to address this issue and meet with the applicant
and work this out.
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Chairman Creighton asked Mr. Ballew what date he would like to table this to.
He said Gary Walker will have to answer that question.
Gary Walker, 320 Vonn Road, Cleburne, Texas, said he is the builder of the dry cleaners. He pointed
out the fact that both the car wash and the dry cleaners will be busy on Saturdays.
Vice-Chairman Murphy said he understands, because he has seen the car wash traffic backed up.
He said the Commission would like to see another view of traffic flow on this site particularly if they
can work out a common access with the property to the east.
Mr. Walker said they will see what they can do.
Vice-Chairman Murphy said the applicant's challenge is to tell the Commission what the traffic flow
ought to be. He said there might could be a case made for a right-in, right-out driveway on Davis
Boulevard.
Commissioner Jones said this might not be the right spot to put a dry cleaners but try and fred a way
to make it work.
Mr. Walker said they understood from staff they did not have to comply with the articulation
requirements. He said they thought they were okay and would like to have some direction because
they want to make everyone happy.
Mr. Walker asked to table this item to the January 7, 1999, meeting.
Commissioner Sandlin said he wants to hear from staff what will work; he told the applicant again
to meet with staff.
Motion was made at the applicant's request to table ZA 98-136 and to continue the Public Hearing
to the January 7, 1999, Planning and Zoning Commission meeting.
Motion: Murphy
Second: Jones
Ayes: LeVrier, Shankland, Jones, Murphy, Sandlin, Creighton
Nays: None
Abstain: Peebles
Approved: 6-0-1
Motion carried.
(Planning and Zoning Commission meeting, 12-03-98, tape 1, section #3277)
Planning and Zoning Commission Meeting Minutes on December 3, 1998 Page 6 of 18
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AGENDA ITEM #9. ZA 98-137. REZONING AND SITE PLAN FOR DAVIS BOULEVARD
CENTER:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Zoning Change on property legally described as being a portion of Tract 1B 1, situated in the T. J.
Thompson Survey, Abstract No. 1502, and being approximately 1.23 acres. A Site Plan for Davis
Boulevard Center will be considered with this request. The property is generally located on the
northeast comer of the intersection of Davis Boulevard (F.M. 1938) and Continental Boulevard. The
Current Zoning is "AG" Agricultural District. The Requested Zoning is "C-3" General Commercial
District. The Land Use Category is Retail Commercial. The Owner of the property is Run Woods.
The Applicant is Segal Enterprises. Six (6) written notices were sent to property owners within the
200' notification area, and one (1) response was received which was in favor.
Commissioner Peebles said the problem with this request is the zoning; he is not sure he wants "C-3"
here.
Lindy Ballew, 1727 E. Price Street, Keller, Texas', presented this item to the Commission. He said
this case goes hand-in-hand with the previous case as to the placement of the driveways. He talked
to Ron Woods and feels they can come to an agreement with the property to the east regarding a
common driveway. He said Mr. Woods is trying to put a convenience store in this site which
presents even more of a traffic flow challenge.
Vice-Chairman Murphy said a "C-3" request for this site is a major request given the Land Use Plan
designation, the size of the site, and the residential adjacency.
Commissioner Peebles asked Mr. Ballew if the only reason he asked for "C-3" zoning is for the gas
station, and Mr. Ballow said yes. He said he would be happy with "C-2" zoning if a gas station
would be allowed there. Mr. Woods currently owns a gas station further north up Davis Boulevard
and wants to replace that store with a new store.
Commissioner Peebles asked if this project would go away if they do not get the gas station.
Mr. Ballow said Mr. Woods would have to answer that question.
Ron Woods said he has been in business in Southlake for 20 years at Couch's Grocery. It has come
time for them to either remodel or build something new. He thought if they closed Couch's, then
all of their customers would go to F.M. 1709, but if they could pull some of the traffic back away
from F.M. 1709 and put a store at this location, then maybe it would be better for the community.
He does not know if this would go away if they do not get the gas station. He said running a
convenience store is all he has done for most of his life.
Chairman Creighton opened the Public Hearing.
Planning and Zoning Commission Meeting Minutes on December 3, 1998 Page 7 of 18
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Brad Walker, 1903 Crescent, Southlake, Texas, said he wants the nice attractive buildings as a portal
into his city, but the gas station and the related traffic is a very big concern. He asked the applicant
to have a SPiN meeting with SPIN #15 and #16 before these plans are approved.
Mr. Ballew said they sent the SPIN groups drawings but did not hold meetings. Chairman Creighton
said it would be a good idea to meet with SPIN.
Chairman Creighton left the Public Hearing open.
Chairman Creighton asked the Commission how they feel about having a gas station on this site.
Commissioner Jones said his main concem with a gas station at this location is the traffic. If there
is going to be a gas station, he thinks it is imperative for the applicant to address the concerns
discussed as adequately as possible.
Commissioner Sandlin said he does not have a problem with the dry cleaners or "C-2" zoning, but
he does have a problem with a gas station.
Vice-Chairman Murphy agreed with Commissioner Sandlin.
Conunissioner Shankland agreed saying this is a portal to the city, and he does not like the idea of
a gas station at the entrance to the city. He said he has a real problem with "C-3" at this location.
He said the car wash north of this site already sells gas.
Chairman Creighton agreed saying a gas station with "C-3" zoning would change the character of
Continental Boulevard. She told Mr. Woods she earnestly hopes there is another location in
Southlake for his business, but she cannot support a gas station in this location.
Chairman Creighton asked the applicant what he would like to do since he knows how the
Commission feels about the "C-3" zoning and the gas station.
Mr. Woods said if they could get a "C-2" zoning that would be okay.
Chairman Creighton asked if he wants to table this to January 7, 1999, also.
Mr. Woods said yes.
Commissioner Sandlin again asked for the applicant to meet with staff regarding driveway
placement.
Mr. Ballew said they will probably come back with a "C-2" zoning request and asked to table this
Planning and Zoning Commission Meeting Minutes on December 3, 1998 Page 8 of 18
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item to January 7, 1999. He asked to withdraw Item #ZA 98-138 and to table the plat Item #ZA 98-
139 to January 7, 1999.
Motion was made at the applicant's request to table ZA 98-137 and to continue the Public Hearing
to the January 7, 1999, Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Murphy
Shankland, Jones, Murphy, Sandlin, LeVrier, Peebles, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-03-98, tape 1, section #4388)
AGENDA ITEM #10. 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:
The applicant asked to withdraw this item.
AGENDA ITEM #11. ZA 98-139. PLAT SHOWING FOR PROPOSED LOTS 3.4. AND 5. T. J.
THOMPSON NO. 1502 ADDITION:
Motion was made at the applicant's request to table ZA 98-139 and to continue the Public Hearing
to the January 7, 1999, Planning and Zoning Commission meeting.
Motion: Jones
Second: Murphy
Ayes: Jones, Murphy, Sandlin, LeVrier, Shankland, Creighton
Nays: None
Abstain: Peebles
Approved: 6-0-1
Motion carried.
(Planning and Zoning Conunission meeting, 12-03-98, tape 1, section #4425)
AGENDA ITEM #12. ZA 98-112. PLAT REVISION FOR PROPOSED LOT 4R. GREEN
MEADOW SUBDIVISION:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Plat Revision for the proposed Lot 4R, Green Meadow Subdivision, being a revision of Tract 4,
Green Meadow Subdivision, an addition to the City of Southlake, Tarrant County, ,Texas, and a
portion of South Kimball Avenue right-of-way according to the plat recorded in Volume 388-96,
Planning and Zoning Commission Meeting Minutes on December 3, 1998 Page 9 of 18
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Page 45, Plat Records, Tarrant County, Texas, and being approximately 12.88 acres. The property
is located on the northeast comer of the intersection of Crooked Lane and East Continental
Boulevard. The Owner and Applicant is Hunter 42 L.L.C. The Current Zoning is "I-l" Light
Industrial District. The Land Use Category is Industrial. Four (4) written notices were sent to
property owners within the 200' notification area, and one (1) response was received which was
in favor.
Tom Matthews, 726 Commerce Street, Southlake, Texas, presented this item to the Commission. He
said they intend to request a variance to Item #2b (25' building lines) at the City Council level, but
they realize the Commission cannot grant that variance so he asked the Comanission to approve this
subject to the Staff Review.
Commissioner Jones asked if the Commission should request resubmittals in by Monday which
reflect the remainder of the comments.
Mr. Matthews agreed to do that.
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 98-112, subject to Plat Review Summary No. 2, dated November
25, 1998.
Motion:
Second:
Ayes:
Nays:
Approved:
Sandlin
Murphy
Murphy, Sandlin, LeVrier, Peebles, Shankland, Jones, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-03-98, tape 1, section #4760)
Chairman Creighton called for a break at 8:50 p.m.
Chairman Creighton called the meeting back to order at 9:03 p.m.
AGENDA ITEM #16. ZA 98-130. REZONING AND CONCEPT PLAN FOR HARRIS
METHODIST SOUTHLAKE:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Zoning Change on property legally described as a portion of Lot 1, Block 1, Gorbutt Addition, an
addition to the City of Southlake, Tan'ant County, Texas, according to the plat recorded in Volume
388-156, Page 12, Plat Records, Tarrant County, Texas, and being approximately 6.0 acres. A
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Concept Plan for Harris Methodist Southlake will be considered with this request. The property is
located on the south side of East Southlake Boulevard (F.M. 1709) approximately 550' west of
Miron Drive. The Current Zoning is "O-1" Office District. The Requested Zoning is "S-P-2"
Generalized Site Plan District with "O-1" Office District uses and medical uses of ambulatory
surgery, imaging center, and associated services. The Land Use Category is Office Commemial.
The Owner of the property is Harris Methodist HEB. The Applicant is PageSoutherlandPage. Seven
(7) written notices were sent to property owners within the 200' notification area, and one (1)
response was received and was in favor.
Jack McCabe (Harris Methodist HEB) 2000 Sandy Way, Bedford, Texas, and Ernesto Liebrecht
(PageSoutherlandPage), presented this item to the Commission. Mr. McCabe said they will meet
all StaffReview comments. Mr. Liebrecht said most of the comments were related to labeling, and
they have already made those changes. He said Item #8 is related to the percentage of impervious
coverage. He said in their experience a facility of this type does not require more than one parking
space per 200 s.f. of floor area, but City ordinance requires one parking space per 150 s.f. of floor
area. He said by asking for that reduction, they can eliminate all of the future parking shown in dark
green on the plan tonight.
Commissioner LeVrier asked if Item #8 refers to Phase 1 and 2 or just Phase 1.
Mr. Killough said the impervious coverage calculation addresses both phases.
Commissioner Peebles asked staff if they agree with one parking space per 200 s.f. of floor area.
Mr. Killough said with the uniqueness of this facility, the applicant probably has a better idea of the
parking requirement than staff.
Commissioner Peebles asked Mr. McCabe what he based his statement on.
Mr. McCabe said he based it on the actual operation of a hospital and the surrounding office
buildings.
Mr. Liebrecht said they are at 62.9% impervious coverage even when Phase 2 is built out.
Commissioner Peebles said he would like to see a concept plan based on what they really want, at
the ratios they want.
Mr. McCabe said they will resubmit plans with the phases shown and with the parking shown in
white and light green. He said the parking shown in dark green will be removed, and they will show
that area as landscaping. He said there are a large number of post oaks back in that area which they
would like to save.
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Chairman Creighton asked Mr. McCabe what meeting he would like to table to.
Commissioner Jones asked why the Commission is intending for this to come back to P&Z rather
than move forward to City Council since the applicant is stating he will meet all review comments
and correct his plans.
Commissioner Sandlin said it is because City Council talked to Chairman Creighton about this.
Chairman Creighton said she would like to see them again.
Commissioner Peebles asked Mr. Liebrecht to remove the parking spaces on the southwest comer
adjacent to the road creating a larger green space next to the road, and Mr. Liebrecht said he would.
Mr. McCabe asked to table this item to the next meeting.
Chairman Creighton opened the Public Hearing.
Patty Minder, 223 Eastwood Drive, Southlake, Texas, said they held a SPIN meeting where they
asked the applicant to leave a green space on the south end of this property; they did not want them
to build parking spaces until they absolutely needed to. She asked the applicant to build a sidewalk
along F.M. 1709 and said they agreed to in the SPIN meeting.
Mr. McCabe said they want to be a good neighbor and ifa sidewalk is what the neighbors want, then
he will build a sidewalk. He asked for the sidewalk to be meandering instead of straight.
Mrs. Minder said the neighbors wanted to make sure them is no overnight stay allowed, and they
wanted to keep the lighting low and to a minimum. She questioned what the hours of operation
would be for this facility.
Mr. McCabe said any o£the lighting on or around this building will be low lighting, but he is not
sure how to light a parking lot without a high light of some sort. He said the parking lot lights are
focused and would not spill over onto the adjacent property. He said operations will begin about
7:00 a.m. and will go until around 6:00 p.m.
Commissioner Peebles asked if they can amend the zoning request to not allow overnight stays.
City Attorney Debra Drayovitch said they can.
Dennis Minder, 223 EastwoodDrive, Southlake, Texas, said he is here in support of this request.
He said the applicant has worked with the neighbors well. The applicant is really trying to save the
post oaks and everyone knows if you water a post oak or plant anything around it, it will die, so he
Planning and Zoning Commission Meeting Minutes on December 3, 1998 Page 12 of 18
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asked the Commission to leave it in a natural state.
Chairman Creighton closed the Public Hearing.
Mr. Killough said the applicant could add the words, "No overnight stays," on his plans if that is
what he wants to do.
Mr. McCabe agreed to make that change on the plans.
Motion was made at the applicant's request to table ZA 98-130, to the December 17, 1998, Planning
and Zoning Commission meeting and placing this item first of the development cases.
Motion: Murphy
Second: Sandlin
Commissioner LeVrier said he wants to make sure the applicant understands the changes agreed to
tonight.
Mr. McCabe said he would amend the plans to eliminating the parking shown in the dark green,
eliminating the parking spaces in the southwest comer adjacent to the street, showing the sidewalk,
and putting a note on the plan to not allow overnight stays.
Commissioner Jones said the Commission has taken an applicant who has agreed to meet all Staff
Review comments and stretched it into a several week affair.
Ayes: Sandlin, LeVrier, Peebles, Shankland, Murphy, Creighton
Nays: Jones (to table)
Approved: 6-1
Motion carried.
(Planning and Zoning Commission meeting, 12-03-98, tape 1, section #7070)
AQENDA ITEM #17. ZA 98-147. PLAT REVISION FOR THE PROPOSED LOTS 1R1.1R2.1R3.
AND 1R4. BLOCK 1. GORBUTT ADDITION:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for Plat
Revision for the proposed Lots 1R1, 1R2, 1R3, and 1R4, Block 1, Gorbutt Addition, being a revision
of Lot 1, Block 1, Gorbutt Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Volume 388-156, Page 12, Plat Records, Tarrant County, Texas,
and being approximately 12.634 acres. This property is located on the south side of East Southlake
Boulevard (F.M. 1709) approximately 550' west of the intersection of East Southlake Boulevard and
Miron Drive. The Owner of the property is Harris Methodist HEB. The Applicant is
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PageSoutherlandPage. The current zoning is "O-1" Office District. The Land Use Category is
Office Commercial. One (1) written notice was sent to property owners within the 200' notification
area, and no response was received.
Commissioner Peebles questioned if this item should be tabled in order to stay with the previous
case when it goes forward to City Council.
Jack McCabe (Harris Methodist HEB) presented this item to the Commission. He agreed with
Commissioner Peebles saying these two (2) items need to go hand in hand. He asked for any
feedback and then asked to table this item to the next meeting, also.
Vice-Chairman Murphy said to clean up the Staff Review items.
(Planning and Zoning Commission meeting, 12-03-98, tape 1, section #7271)
Commissioner Peebles said due to the Case Limitation Resolution, the points allotted for these two
(2) items will bump other items off the next agenda. He asked if the previous item and this one
could be placed on the Consent Agenda.
Ms. Drayovitch stated if the Public Hearings are held and closed, these items can be placed on the
next Consent Agenda.
Commissioner Peebles said this applicant seems to have it together, and he thinks these items should
be placed on the Consent Agenda.
The Commission agreed.
Chairman Creighton opened the Public Hearing.
Patty Minder, 223 EastwoodDrive, Southlake, Texas, said she is here to support this request.
Chairman Creighton closed the Public Hearing.
Motion was made at the applicant's request to table ZA 98-147 to the December 17, 1998, Planning
and Zoning Commission meeting and placing this item on the Consent Agenda.
Motion: Murphy
Second: LeVrier
Ayes: LeVrier, Peebles, Shankland, Jones, Murphy, Sandlin, Creighton
Nays: None
Approved: 7-0
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Motion carried.
(Planning and Zoning Commission meeting, 12-03-98, tape 2, section #0104)
AGENDA ITEM #18. ZA 98-141. SITE PLAN FOR TACO BUENO:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Site Plan for Taco Bueno on property legally described as a portion of Tracts 2B and 2C, situated
in the G.W. Main Survey, Abstract No. 1098, a portion of Tract 6, situated in the Samuel Freeman
Survey, Abstract No. 525, and a portion of Tract 12A4A situated in the Thomas Easter Survey,
Abstract No. 474, and being approximately 0.80 acres. The property is located on the south side of
East Southlake Boulevard (F.M. 1709) approximately 150' east of the intersection of East Southlake
Boulevard and South Kimball Avenue. The Current Zoning is "C-3" General Commercial District.
The Land Use Category is Retail Commercial and 75 LDN Overlay Corridor. The Owner and
Applicant is Lawrence A. Cates & Associates. Seven (7) written notices were sent to property
owners within the 200' notification area, and no responses were received.
deffPlatt (Director of Architecture for Taco Bueno) presented this item to the Commission. He said
he will comply with all Staff Review comments with the exception of the pitched roof requirement.
Chairman Creighton said it is the City of S outhlake's desire to have a certain look to its corridor and
that is what the ordinances reflect.
Mr. Platt asked if there is a percentage of pitched roof or if the entire roof needs to be pitched. He
said he thought they would blend with the adjacent building. He said staff indicated he could ask
for a variance to the pitched roof requirement; his hope here tonight is to find out if that is a
possibility and if it is not, how much would he need to change the building in order to get approval.
Commissioner Jones said it is in the Zoning Ordinance regarding Corridor Overlay Zone and the
Residential Adjacency requirements.
Commissioner LeVrier said Southlake has other fast food restaurants in town who have made the
effort to comply with a lot of the different ordinances the City has. He understands this is Taco
Bueno's prototype store and they are proud of it, but other fast food restaurants in town did not use
their prototype store. He said if Taco Bueno wants to come to Southlake, their building may be
different than any other Taco Bueno.
Chairman Creighton said the comments she hears from citizens is they do not want it to look like
other Taco Buenos; they want it to look like it belongs on F.M. 1709 in Southlake.
He said they are looking at Grapevine and Keller and all over, and he has heard comments before;
they are just trying to get an idea of where to go.
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Commissioner Jones said if the applicant is prepared to meet the ordinance, staff can tell him where
exactly to find requirements. He asked the applicant if he is prepared to meet the ordinance.
Mr. Platt said he is prepared at this time to table this so they can come back with a full set of
drawings. He asked to table it to the January 7, 1999, meeting.
Commissioner Shankland asked if the auditory board meets the requirements.
Mr. Killough said it will be subject to the new Sign Ordinance.
Commissioner Jones said any Site Plan approval would not include any approval to any specific
signs.
Mr. Killough said they will need a separate permit for their menu board.
Chairman Creighton opened the Public Hearing.
Dennis Minder, 223 EastwoodDrive, Southlake, Texas, asked for any lighting to be shielded from
the roadway. He said, for instance, instead of having two (2) tall lighting fixtures which would blind
everybody coming up the hill to have eight (8) or ten (10) box lights which would have the same
amount of light.
Chairman Creighton left the Public Hearing open.
Motion was made at the applicant's request to table ZA 98-141 and to continue the Public Hearing
to the January 7, 1999, Planning and Zoning Commission meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Jones
Peebles, Shankland, Jones, Murphy, Sandlin, LeVrier, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-03-98, tape 2, section #0600)
AGENDA ITEM # 19. ZA 98-144. PLAT REVISION FOR THE PROPOSED LOTS 7 AND 8.
HIRAM GRANBERRY NO. 581 ADDITION:
Senior Comprehensive Planner Chris Carpenter informed the Commission that this request is for a
Plat Showing for proposed Lots 7 and 8, Hiram Granberry No. 581 Addition on property legally
described as Tract 2 situated in the Hiram Granberry Survey, Abstract No. 581, and being
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approximately 1.440 acres. The property is located on the southeast comer of the intersection of
West Southlake Boulevard (F.M. 1709) and Lake Crest Drive. The Current Zoning is "C-2" Local
Retail Commercial District. The Land Use Category is Office Commercial. The Owner of the
property is Conner Lam. The Applicant is Dana Bailey. Eleven (11) written notices were sent to
property owners within the 200' notification area, and one (1) response was received which was in
favor.
Van Jones, 220 Mill Valley, Colleyville, Texas, presented this item to the Commission. He said he
met with the SP1N group and received a very favorable response. He said they can meet ail Staff
Review comments except for Item #9b (500' spacing from Lake Crest Drive). He said his daughter,
Dana Bailey, intends to put her dance studio on Lot 8. They considered moving the driveway to the
east side of Lot 8 but found that would cause the traffic pattern to go across the lot where all of the
children will be, and they do not think that is the safest approach.
Commissioner Sandlin said the problem will occur when people try to turn left out of this site onto
F.M. 1709. He suggested making a right-in/right-out drive on F.M. 1709 and exploring the
possibility of a driveway to Lake Crest Drive.
Mr. Killough said that could be done but it would require acquisition of a common access easement
onto Lake Crest Drive and aiso require a variance to the Driveway Ordinance which prohibits non-
residential property from accessing a residential street.
After discussion, Commissioner Sandlin said it sounds like commercial traffic should not have
access to a residential street.
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 98-144, subject to Plat Review Summary No. 1, dated November
25, 1998, deleting Item #9b (provide 500' driveway spacing).
Motion:
Second:
Ayes:
Nays:
Approved:
Murphy
Sandlin
Shankland, Jones, Murphy, Sandlin, LeVrier, Peebles, Creighton
None
7-0
Motion carried.
(Planning and Zoning Commission meeting, 12-03-98, tape 2, section #1334)
AGENDA ITEM #20. DUE TO CASE RESOLUTION NO. 97-22. THE FOLLOWING CASES
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WILL NOT BE HEARD ON THIS AGENDA AND WILL BE CONTINUED TO DECEMBER 17.
1998:
ZA 98-142, Plat Revision of proposed Lots 5R1 and 5R2, Thomas Easter No. 474 Addition (Public
Hearing);
ZA 98-143, Concept Plan for Dry Clean Super Center (Public Hearing);
ZA 98-145, Site Plan for Darden Square (Public Hearing);
ZA 98-116, Rezoning (Public Hearing), and
ZA 98-117, Plat Revision for the proposed Lots 3R1, 3R2, and 3R3, Block 1, Steward Addition
(Public Hearing).
AGENDA ITEM #21. MEETING ADJOURNMENT:
Chairman Creighton adjourned the meeting at 10:34 p.m. on December 3, 1998.
(Planning and Zoning Commission meeting, 12-03-98, tape 2, section #1343)
Ann Creighton
Chairman ~
ATTEST:
Lori A. Farwell
Community Development Secretary
Planning and Zoning Commission Meeting Minutes on December 3, 1998 Page 18 of 18
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
~" COUNTY OF ~t~aq~
[, d-~)- P~--~ ~}~)[e ~ as a member of the p : Z ,make this affidavit
and hereby on oath state the following: I have a substantial interest in a business entity or real propen'y as defined in
Chapter 171, Texas Local Government Code, and a vote is to be taken or a decision is to be made that will have a
special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is:
COMPLETE (A) or (B): (A) The business entity is t~ [ (name); or
(B) The real property is located
I have a substantial interest for the following reasons: (check all which are applicable)
Ownership of 10% or more of the voting stock or shares of the business entity.
Ownership of 10% or more or $15,000 or more of the fair market value of the business entity.
Funds received from the business entity exceed 10% of gross income for the previo~ year.
Real property is involved and I have an equitable or legal ownership of the property with a fair
market value of at least $2,500.
A relative of mine has a substantial interest in the business entity or real property that would
~. .~/ be affected by a decision of the public body of which I am a member.
Upon filing of this affidavit with the City Secretary, I affirrfi that I will abstain from voting on any decision
involving this busin}ss entity or real property and from any further participation on this matter by discussion or debate.
Signed this ~ day of ~)~' 4~ ,19
Signature of'Official
The State of |~.zl ~ . §
County of -'IZr-r-o.~.--~ §
Before me ~or,' A' ~co.~O.(I on this day personally appeared
~, D, f~ b~l~_¢ ~own to me (or proved to me on the oa~ of ~ or
t~ough ~ (description of identiW card or other document) tO be the person whose n~e is
subscribed to ~e foregoing ins~ment and ac~owledged to me ~at he executed the same for ~e p~oses and
consideration ~erein expressed.
Given ~der my hand and seal of office ~is ~day of~, A.D. ~.
No~ Pu~ ~
STATE OF TEXA~ ~
Notary Public.ha and for the State of exas
H:/L lB R.A Ry~M uni¢~l~M £RG E~,Conflictofln~etestA ffi da vit. wpd