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1997-03-06 P&Z Meeting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 REGULAR PLANNING AND ZONING COMMISSION MEETING March 6, 1997 COMMISSION PRESENT: Chairman Joe Wright, Vice-Chairman Rex Potter; Members: Ann Creighton, Debra Edmondson, James Murphy, Dona Schroetke, and Lanny Tare COMMISSION ABSENT: None CITY STAFF PRESENT: City Manager Curtis E. Hawk, City Attorney Debm Drayovitch, Planner Chris Carpenter, Planner Dennis Killough, Staff Engineer Angela Turner, and Community Development Secretary Lori Farwell The meeting was called to order by Chairman Wright at 7:06 p.m. AGENDA ITEM #2. APPROVAL OF MINUTES: Chairman Wright opened discussion of the minutes of the January 30, 1997, Timarron continuation meeting. Motion was made to approve the minutes of the January 30, 1997, Timarron continuation meeting. Motion: Second: Ayes: Nays: Abstain: Murphy Tate Creighton, Edmondson, Murphy, Potter, Schroetke, Tate None Wright Approved: 6-0-1 Motion carried. Chairman Wright opened discussion of the minutes of the February 6, 1997, Regular Planning and Zoning Commission meeting. Commissioner Edmondson stated that she gave her requested changes to City staff in a previous work session. Motion was made to approve the minutes of the February 6, 1997, Regular Planning and Zoning Commission meeting, as amended. Motion: Murphy Second: Edmondson Ayes: Creighton, Edmondson, Murphy, Potter, Schroetke, Tate, Wright Nays: None Approved: 7-0 Motion carried. Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 1 of 16 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lg 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 Chainnan Wright opened discussion of the minutes of the February 20, 1997, Regular Planning and Zoning Commission meeting. Commissioner Schroetke stated that she would like the minutes to reflect that she also agreed with Commissioner Murphy's statement on Page 10, Line 1. Motion was made to approve the minutes of the February 20, 1997, Regular Planning and Zoning Commission meeting, as amended. Motion: Potter Second: Murphy Ayes: Creighton, Edmondson, Murphy, Potter, Schroetke, Tate, Wright Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 03-06-97, tape 1, section #123) AGENDA ITEM #3. ADMINISTRATIVE COMMENTS: There were no comments from City staff. Chairman Wright read the consent agenda items, including: AGENDA ITEM #4. ZA 97-001, FINAL PLAT FOR RODGERS ADDITION. LOT 1: AND AGENDA ITEM #5. ZA 97-014. FINAL PLAT FOR MEADOW RIDGE ESTATES: Motion was made to approve ZA97-001, subject to Plat Review Summary No. 1, dated January 31, 1997, amending Item #4 adding lot numbers and block numbers in the title and adding owner's dedication; and ZA97-014, subject to Plat Review Summary No. 1, dated February 28, 1997, deleting Items #3 and #10. Motion: Second: Ayes: Nays: Abstain: Potter Murphy Creighton, Edmondson, Murphy, Potter, Schroetke, Tate, Wright None Schroetke (only on Agenda Item #5) Approved: 7-0 (on Agenda Item #4) and 6-0-1 (on Agenda Item #5) Motion carried. (Planning and Zoning Commission meeting, 03-06-97, tape 1, section #197) AGENDA ITEM #6. ZA 96-159. REZONING: Motion was made at the applicant's request to table ZA96-159, and to continue the Public Hearing to the April 3, 1997, Regular Planning and Zoning Commission meeting. Motion: Murphy Second: Tate Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 2 of 16 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Ayes: Creighton, Edmondson, Murphy, Potrer, Schroetke, Tate, Wfight Nays: None Approved: 7-0 Motion ear.ed. (Planning and Zoning Commission meeting, 03-06-97, tape 1, section #215) AGENDA ITEM #7. ZA 96-162. CONCEPT PLAN OF TELESUPPORT EAST CAMPUS: Planner Chris Carpenter informed the Commission that the applicant's request is for a Concept Plan of Telesupport East Campus, being legally described as Lot 25R1, Block 1, Woodland Heights Addition, as recorded in Cabinet A, Slide 1681, P.R.T.C.T. and being approximately 2.070 acres. The property is located at 1901 E. Southlake Boulevard and on the southeast comer of Westwood Drive and Southlake Boulevard (F.M. 1709). The current zoning is "C-i" Neighborhood Commercial District. The Land Use Category is Mixed Use (may include residential and office buildings, hotels, and commercial and retail centers that serve local and regional needs). The Corridor Recommendation is Office Commercial (same as in CS, O-1, 0-2, B-i, HC, MF-1, & MF-2 districts). The applicant is G. Phillip Morley. The owner is Roy C. Lee. Seven (7) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was in favor. One (1) response outside the notification area was received and was in favor. Jim Munday, CFO of Telesupport, presented this item to the Commission. He stated that he has met with the previous property owner to the east (Frank Ritz) and the new property owner and neither are interested in giving him a common access easement. Mr. Munday stated the he met with the neighborhood SPIN group, and they told him that they would support his application if he would get a stop light placed at the intersection of Westwood Drive and Southlake Boulevard. He said that they have explored every viable option regarding the traffic situation, and nothing has worked out, yet. He asked that the Planning and Zoning Commission approve his Concept Plan acknowledging his continuing commitment to work with City staff, residents, and adjacent property owners regarding the traffic situation. Commissioner Edmondson stated that she specifically asked Mr. Munday to remove ten (10) parking spaces, and it appears on the plan in her packet that he did not do that. Mr. Munday stated that there is some confusion due to there being two (2) sets of plans, but he stated that he is willing to remove the ten (10) parking spaces. Commissioner Edmondson also stated that she wants the trees hi the northwest comer to remain, and Mr. Munday stated that they intend to keep those trees. Chairman Wright stated that Commissioner Murphy suggested in the work session that there be a right-out only driveway onto Southlake Boulevard, probably as close to the center of this property as possible. Chairman Wright stated that it would help relieve some of the traffic congestion on Westwood Drive. The Commission agreed to this change. Mr. Munday agreed to this change and to work with City staffin locating the driveway toward the center of the north property line. Commissioner Murphy commented that there are two (2) large trees on the adjacent property to the east which would probably need to be removed if a common access easement was required. Mr. Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 3 of 16 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Munday stated that he is not sure if both of the trees would need to be removed in order to add a common access easement, but it is likely they would be. Commissioner Schroetke stated that, from a marketing standpoint, they should pursue the common access easement. Commissioner Edmondson asked Mr. Munday if he would consider reducing the building size. Mr. Munday stated that he feels the property will support this size of building, and that a smaller building will not yield a rate of return that this building will. Mr. Munday stated that he would need to talk to the property owner who is in Ireland at this time. Chairman Wright opened the public hearing. Patty Minder, 223 Eastwood Drive, Southlake, Texas, stated that the neighborhood will not support the building unless there are some concessions drawn. She stated that this building will triple the amount of traffic going in and out of Westwood Drive currently. She stated her concern about the school bus traffic and the teenage drivers in her neighborhood. She is worried about her property value which is already less today than it was fourteen (14) years ago. Chairman Wright stated that property already has the zoning and the concept plan meets the City's requirements, and by law, the applicant is allowed access to his property. He stated that there is not much the Planning and Zoning Commission can do at this point. He said that the Commission agreed that the fight-ont only driveway onto Southlake Boulevard would relieve some of the traffic congestion. Ms. Minder stated that the City needs to speak to the new property owner to the east and ask him if he will allow a common access easement across his property before this plan is passed. Chairman Wright stated that the Commission can request that City staff speak to the adjacent property owner and then address the issue further at the Site Plan stage. Commissioner Edmondson stated that she just read in the Zoning Ordinance that "C-l" zoned property does not include "0-1," and that the maximum floor area allowed in "C-l" is 10,000 square feet, so it appears to her that the applicant is not in compliance. Chalmers Williams, 217 Westwood Drive, Southlake, Texas, stated that the traffic situation is already extremely dangerous. He stated that the addition of the "right-out" only driveway is not the solution to this problem, because people will still try to go left out of that driveway which will add to the dangerous situation. He stated that the only workable solution is to place a light at Westwood Drive and Southlake Boulevard, which he is being told tonight cannot happen. He said that it is the Commission's responsibility to provide for the safety of Southlake residents, and if the ordinances won't allow for that, then they are not worth very much. Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 4 of 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Jerry Adcock, 204 Westwood Drive, Southlake, Texas, stated that he really does not object to this concept plan, but he would like to see the traffic situation addressed further. He stated that the striping along Southlake Boulevard is incorrect at the entrance to Westwood Drive, making it a very dangerous situation. Commissioner Schroetke stated that the City does have a striping plan for Southlake Boulevard, so hopefully, that situation will be remedied shortly. Mr. Adcock stated that he feels the striping should be completed before the addition of this building. Carlos Dorris, 213 Eastwood Drive, Southlake, Texas, stated that he has no problems with the concept plan, but he is concerned about the traffic situation. He stated that he strongly urges City staffto place a light at Westwood Drive. He said that the State Highway Department can possibly change their minds about placing a light there. Roy Lee, stated that he has worked with City staffin order to make this concept plan meet all of the ordinances. He said that he spoke to the State Highway Department, and they said that getting a light placed at Westwood Drive is not really a problem; they would need a request from the City to do a study at this location. After consulting with City staff, Mr. Munday requested that this item be tabled to a later date. City Manager Curtis E. Hawk stated that there is concern about the maximum building square footage allowed as raised by Commissioner Edmondson. Mr. Munday asked to table this item until April 3, 1997. Motion was made at the applicant's request to table ZA96-162 and to continue the Public Heating to the April 3, 1997, Regular Planning and Zoning Commission meeting. Motion: Second: Ayes: Nays: Approved: Murphy Edmondson Creighton, Edmondson, Murphy, Potter, Schroetke, Tate, Wright None 7-0 Motion carried. (Planning and Zoning Commission meeting, 03-06-97, tape 1, section #1650) AGENDA ITEM #8. ZA 97-005. REZONING AND SITE PLAN FOR A PROFESSIONAL FF : Planner Chris Carpenter informed the Commission that the applicant's request is for a Rezoning and Concept Plan of Tract lA in the A. A. Freeman Survey, Abstract No. 522, and being approximately 1.344 acres. The property is located at 1302 West Southlake Boulevard and approximately 390' east of the intersection of Southridge Lakes Parkway and West Southlake Boulevard (F.M. 1709). The current zoning is "AG" Agricultural District. The requested zoning is "S-P-l" Site Plan Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 5 of 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 District limited to "O-1" Office District uses. The Land Use Category is Medium Density Residential (may include limited low intensity office and/or retail uses). The Corridor Recommendation is Residential (any Single Family District). The application is Medical Air Services Association. The owner is Jerry Black. Eleven (11) written notices were sent to property owners within the 200' notification area, and seven (7) responses were received which were opposed. Two (2) responses outside the 200' notification area were received and were opposed. A letter stating opposition has been received with twenty-four (24) signatures. Seven (7) residents are within the 200' notification area. Seventeen (17) residents are outside the 200' notification area. Letter states, "... we do not believe that the requested rezoning of this property is in the best long term interest of the city or its residents..." Fred Fernandez, Fernandez Architects, 1017 Blue Lake Drive, Fort Worth, Texas, presented this item to the Commission. He reviewed the changes which were made as a result of their last Planning and Zoning Commission meeting. He stated that they changed their zoning request to an "S-P-1" zoning allowing for tighter control on the property. He said that they have reduced parking spaces from forty-one (41) to twenty-seven (27). They have relocated the dumpster away from the residences to the north, and placed it closer to the tennis courts to the west. They have provided a vehicular control gate which will prohibit possible after-hour loitering on the property. Mr. Fernandez stated that he tried to keep a residential feel to the building by using residential style roofing, windows, and fencing. He also moved the building approximately 4' to the south in order to distance it further from the residences to the north. Vice-Chairman Potter asked Mr. Fernandez how he feels about the majority of the surrounding residents being opposed to this application. Mr. Fernandez responded by saying that he understands many residents do not want to see anything on Jerry Black's property other than residential, and that is beyond his control. He also understands many residents only want a one (1) story building on this property, which is also beyond his control. He said that he tried to coordinate two (2) SPIN meetings which both failed due to bad weather days and the City offices being closed. He stated that he called two (2) homeowner associations and neither wanted to set up meetings; they simply stated that they were opposed and did not want to meet. Commissioner Schroetke asked if he contacted the Learys, the Milners, or the MacMorrans. Mr. Fernandez stated that he contacted all of them. Commissioner Creighton asked Mr. Fernandez at what point he contacted any residents after the Planning and Zoning Commission meeting he attended. He stated that he contacted Ms. Leary approximately 2 lA weeks ago. Commissioner Creighton asked Mr. Fernandez if he would consider reducing the size of the building. Mr. Fernandez stated that they could not reduce it substantially. He said they have a grand lobby at the entrance which helps set the tone of the building. He said his client wants this building to be their executive corporate headquarters. Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 6 of 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Vice-Chairman Potter asked why they have a balcony off the north end of the building. He stated that the residents to the north are very concerned about privacy, and it looks as though the balcony could be eliminated. Mr. Fernandez stated that his client specifically chose this site because of its beauty; the owner likes being able to look over the pond and tennis courts. Mr. Fernandez stated that this will be an 8:00 a.m. to 5:00 p.m. business which is opened Monday through Friday. Tim Green, President of Medical Air Services Association, stated that they put the balcony there in order to look over the pond; they cannot see into the swimming pools at all. He said their intention was not to look into the residents' backyards. Chairman Wright opened the public hearing. Bill Leary, 1204 Sabine Court, Southlake, Texas, stated that he believes the requested zoning would significantly damage his neighborhood; the neighborhood is 100% residential. He stated that it is obvious that the zoning change should not be granted due to the requested variances such as 4:1 slope requirements and the inability to meet the Land Use Plan designation. He stated that if this property is allowed to develop commercially, the property to the east will also be commercial. He said that this development provides no benefit to the community as a whole. He asked the Commission to deny this request. Jerry Blaclg 1302 W. Southlake Boulevard, Southlake, Texas, stated that he finds it very ironic that the previous speaker does not want his (Mr. Black's) property to develop commercially when in fact, a recent Southridge Lakes newsletter brags about renting out their clubhouse for parties and meetings and how successful they have been lately. So essentially, he stated, the clubhouse is commercial property, too. Ken MacMorran, 1202 Sabine Court, Southlake, Texas, stated that in answer to the question regarding when Mr. Fernandez tried to contact residents, Mr. MacMorran stated it was exactly forty- eight (48) hours before the last Planning and Zoning Commission meeting. He stated the Commissioners asked Mr. Fernandez to meet with surrounding property owners and try to come up with a plan they all agreed upon, and that never happened; be did not attempt to contact anybody prior to forty-eight (48) hours before the meeting. Mr. MacMorran stated that he did meet with Mr. Fernandez but got the impression that Mr. Fernandez was trying to "sell" his idea, not to ask for his (Mr. MacMorran's) input on anything. Mr. MacMorran met with City staff in order to make a proper comparison of this proposed building the tallest building in Southlake, which he believes to be the First American Savings Bane Addition, Lot 2, office building, on Southlake Boulevard. He stated that the two (2) buildings are very similar except for one very important difference which is residential adjacency; the FASB building did not have to meet 4:1 slope requirements because it is not adjacent to residential properties. He stated that the UBC building height on the FASB building is 30 feet, while the UBC building height on this building is 35 feet. He asked the Commission to please understand that the neighborhood is firmly opposed to this request. Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 7 of 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 William Maxwell, 1304 Normandy Drive, Southlake, Texas, stated that he is opposed to any further commercial development in the middle of his subdivision. He is worded about the property to the east of Mr. Blacks' property developing as commercial also. He asked the Commission to please keep that entire area residentially zoned. derry Black, 1302 W. Southlake Boulevard Southlake, Texas, stated that his property can never develop as residential because of the tennis courts and lights next door to it. He said he has always been a good neighbor to the Southridge Lakes subdivision and has never once complained about the lighting, the tennis bails coming onto his property, the kids coming onto his property to retrieve the tennis bails, or the noise. He said the ponds "mm over" about three (3) times a year, and he cannot even sit out in his yard because the odor is so strong. He stated that he has to keep his house shut up because of the awful smell from the ponds. He said that when the large commercial mowers come and mow the grass next door, they always inevitably knock the head off a sprinkler and water sprays onto his car or driveway. He said he cannot let his grandchildren stay outside and play because the pond is 60' from his front door, and he is scared he might lose one of them in the water. He said that cars are constantly driving down his driveway trying to find a way into the tennis courts. For seven (7) years, he has never complained about any of these things; he has aiways tried to be a good neighbor. He said in twenty-five (25) years of living in Southlake, five thousand homes have been built in Southlake, and only two (2) of those have been built facing Southlake Boulevard. He stated that there is no way this property will ever be residential; nobody is going to want their home next to the tennis courts and clubhouse or facing Southlake Boulevard. He asked the Commission to please take a hard look at his request and approve it. Richard Ponder, 1200 Sabine Court, Southlake, Texas, stated that the clubhouse is only rented to residents of Southridge Lakes. He said that this property combined with the property to the east is approximately five (5) acres, and there is much that could be done with five (5) acres. He said that the Land Use Plan states this should be residentiai and asked the Commission to follow that plan. He asked the Commission to take a good look at the size of the requested building; it is clearly not a residentiai-type building. Tim Green, stated that the highest portion of the roof is a very small area; it is not as if the entire building is that height. He said they specifically pitched the roof that way to be sensitive to the surrounding residentiai properties, to give a more residential feel to the building, and to complement the adjacent clubhouse. He said that the points Mr. Black made were very eloquently stated. He said that in all the years Mr. Black has had his property on the market, he has never received one (1) offer to develop it residentially; it is not a viable option. He said that to prevent him from selling the property is very restrictive and very punitive. Mr. Green said to make the assumption that Mr. Black should wait until the east property owner wants to sell her property at the same time is probably illegal and unconstitutional. He asked the Commission to consider Mr. Black's rights in considering this request. Chairman Wright closed the public hearing. Chairman Wright called for a recess at 9:04 p.m. Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 8 of 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .-22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Chairman Wright called the meeting back to order at 9:15 p.m. (Planning and Zoning Commission meeting, 03-06-97, tape 1, section #3873) Chairman Wright stated that he agrees with Mr. Black that this property will not develop as residential, hut he does think the Commission should see what they can do to afford the north property owners some more privacy. He asked the Commission how they feel about asking the applicant to close offthe north end of the balcony which would still allow them to view the pond to the west. Commissioner Creighton stated that she wonders if the applicant could eliminate the balcony altogether. She said that whenever an office is placed next to residential, the Commission strongly encourages the applicant to work with the surrounding homeowners to come to a compromise. She said that she is very disappointed that there were not more efforts made to come to some accommodation with the residents. At this point, she does not know what "tweaking" might be done to satisfy more of the residents. She feels that making this a smaller building or possibly making it a one (1) story building might solve some of the adjacent resident's concerns. Chairman Wright stated that he feels either eliminating the balcony or blocking offthe north end would alleviate some concerns. After some discussion with Mr. Fernandez and Mr. Green, it was agreed upon that there would be no view fi.om any of the second story windows on the north end of the building, either by raising the windows enough that a 6' person could not see out, making the glass opaque or by eliminating the windows altogether. They also agreed to reduce the building height by 3' and to eliminate the northem view from the balcony. Chairman Wright said that he feels if they lowered the pitch of the roof, they would be damaging the looks of the building, so he would not recommend lowering the pitch. Commissioner Edmondson stated that she agrees with Commissioner Creighton in regard to the size of the building. She said that the Land Use Plan designates this property as residential although Mr. Black made many valid points regarding the future of this tract as residential. Vice-Chairman Potter stated that he feels for both sides. He feels that Mr. Black has been a very good neighbor in Southlake, but the surrounding homeowners also have a right to be concerned. He thought the property owners were very eloquent tonight in presenting their concerns to the Commission. He believes the property owners to the north will lose a considerable mount of privacy. He stated that if the Commission decides that this piece of property should be non- residential, then the property to the east of it will also be non-residential. He feels the Commission should follow the Land Use Plan and the Corridor Overlay Study. He stated that he has never seen a residential sign on this property; he does not think it has ever been marketed as residential property. Commissioner Murphy stated that he cannot imagine a less intense use than what is proposed here. He stated that there is no way this piece of property will ever develop as residential. He stated that if this property is to develop as commercial, he wants these people, this building, and this use on it. Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 9 of 16 ~"-1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Motion was made to deny ZA97-005. Motion: Second: Ayes: Nays: Approved: Potter Edmondson Creighton, Edmondson, Potter Wright, Tate, Schroetke, Murphy 3-4 (to deny) Motion failed. Commissioner Schroetke asked the applicant if it is possible to elevate the landscaped area to the north and plant faster growing trees in order to better screen the residents and create a vertical barrier. Mr. Fernandez stated that berming that area could have a negative impact on the residents to the north in regards to flooding. Commissioner Schroetke asked him to plant evergreens along the back. Mr. Fernandez stated that he would do that. Chairman Wright stated that the berm would need to moved far enough away from existing trees in order to protect their root systems. Chairman Wright suggested around 3' height for the berm. Commissioner Schroetke agreed with Chairman Wright. Chairman Wright asked City staffto explain the informational comment under Staff Comment #la. Planner Dennis Killough stated that the existing 6' stockade fence is offset 5' into the lots of Southridge Lakes which is north of the property line of this site. This could possibly create a 5' "no man's land" between the properties depending on where the applicant places his fence. Chairman Wright stated that the applicant will need to work with the Southridge Lakes property owners and decide the location of their 8' fence. Motion was made to approve ZA97-005, subject to Concept Plan Review Summary No.2, dated February 28, 1997, requiring the applicant to meet with the adjacent property owners to eliminate the problem of the 5' "vacant" strip of land as addressed in the informational comment under Item #1 a; accepting building setback as proposed in Item #lb; accepting parking spaces as proposed in Item # 1 c; deleting Item # 1 d; accepting the driveway spacing as proposed in Item # 1 e; requiting the applicant to increase the plantings in the north landscaped area with evergreens and the addition of a 3' berm creating a vertical barrier for the residential properties to the north; requiring that there is no view fzom any of the second story windows on the north end of the building, either by raising the windows enough that a 6' person could not see out, making the glass opaque or by eliminating the windows altogether; requiring the building height to be lowered by 3'; and eliminating the northern view of the balcony. Motion: Second: Ayes: Nays: Approved: Murphy Tate Tate, Wright, Schroetke, Murphy Potter, Creighton, Edmondson 4-3 Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 10 of 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Motion carried. (Planning and Zoning Commission meeting, 03-06-97, tape 1, section #6642) AGENDA ITEM #9. ZA 97-006. SITE PLAN OF CRESTWOOD OFFICE PARK: Planner Chris Carpenter informed the Commission that the applicant's request is for a Site Plan for property described as being approximately 3.5083 acres situated in the W. W. Hall Survey, Abstract No. 695, being a portion of Tract 3D as recorded in Volume 8564, Page 285, D.R.T.C.T. This plan proposes two (2) individual office buildings. The property is located on the northwest comer of the intersection of North Carroll Avenue and Southlake Boulevard (F.M. 1709). The current zoning is "S-P-2" Generalized Site Plan District limited to "O-1" Office District uses. The Land Use Category is Medium Density Residential (may include limited low intensity office and/or retail uses). The Corridor Recommendation is Residential (any Single Family District). The owner and applicant is Four Peaks Development. John Levitt, J. E. Levitt Engineers, Inc., 726 Commerce Street, Suite 104, Southlake, Texas, presented this item to the Commission. Regarding Item #3a, he stated that their bufferyard table is divided between Phase 1 and Phase 2 and asked that the Phase 2 portion of their bufferyards be deferred to that Revised Site Plan. He asked that the screening fence be approved as shown on the Site Plan regarding Item #4. He also asked that the loading space be approved as shown on the Site Plan regarding Item #5. Mr. Levitt sta~xt that he feels they have met the intent of the ordinance as to the articulation of the building and asked the Commission to accept the articulation as proposed. Commissioner Edmondson asked Mr. Levitt to explain the comment on the Site Plan which states that the permeable parking spaces will be located on site during construction. Mr. Levitt stated that they will consult with City staff at that time to choose the location of the parking spaces. Mr. McMahan stated that he had previously agreed with Mr. Strunck, the adjacent property owner to the north, to plant honeysuckle along the north fence. Commissioner Edmondson asked Mr. McMahan to plant coral honeysuckle, and Mr. McMahan stated that he would. Mr. McMahan also agreed to plant the coral honeysuckle anywhere on the north fence that there are no trees. Chairman Wright opened the public hearing. No one in the audience stepped forward to speak. Chairman Wright closed the public hearing. Mr. Levitt asked that the Commission delete Item #1 which addresses a 42' R.O.W. dedication on Carroll Avenue. The dedication is required on the plat, and Mr. Levitt stated this requirement would be addressed at City Council along with this Site Plan. Motion was made to approve ZA97-006, subject to Site Plan Review Summary No. 2, dated February 28, 1997, deleting Item #1; amending Item #3a to require the phasing of bufferyards as shown on the site plan; deleting Items #4 and #5; and forgiving Item #6. Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 11 of 16 10 11 12 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Motion: Second: Ayes: Nays: Approved: Potter Edmondson Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 03-06-97, tape 2, section #386) AGENDA ITEM #10. ZA 97-008. REZONING AND CONCEPT PLAN FOR SHURGARD STORAGE CENTER: Planner Chris Carpenter informed the Commission that the applicant's request is for the rezoning and concept plan for Shurgard Storage Center of approximately 4.038 acres situated in the Thomas Easter Survey, Abstract No. 474. The property is located on the east side of Bank Street approximately 210' south of the intersection of Southlake Boulevard (F.M. 1709) and Bank Street. The current zoning is "C-Y' General Commercial District. The requested zoning is "S-P-2" Generalized Site Plan District with "I-l" Light Industrial District uses. The applicant has submitted an amended request which proposes "S-P-2" Generalized Site Plan District with mini- warehouse (self-storage center) use only. The Corridor Recommendation is Retail Commercial (same as in CS, O-1, C-l, C-2, C-3, and B-1 districts). The Land Use Category is Mixed Use (may include office buildings, hotels, and commercial and retail centers that serve local and regional needs). The owner is Gary Houdek. The applicant is Shurgard Storage Center. Twelve (12) written notices were sent to property owners within the 200' notification area, and no responses have been received. John Levitt, J. E. Levitt Engineers, Inc., 726 Commerce Street, Suite 104, Southlake, Texas, presented this item to the Commission. He stated that this site will serve as a buffer to the proposed commercial area, the remainder of the lot, and the industrial areas. Jim Makens said that he originally marketed this site as a power retail center. As time has gone on, he has come to the conclusion that he was incorrect in his original assessment of this property. He said it is too small, not easily accessible, and not extremely visible. He thinks it is best suited for office uses or less frequented retail uses. Mr. Makens stated that Shurgard is a perfect use for this particular location because it serves as a buffer. Ron Newhouse, 5528 Hunter Wood Lane, Arlington, Texas, stated that he is the Director of Development for Shurgard. He said that Shurgard has over 300 stores in the United States. They are known in the industry as the quality developer. They are a real estate investment trust and are traded on the New York Stock Exchange. He stated that they do background checks on all potential customers and have an electronic security system. He said that customers are only allowed access to the property from 6:00 a.m. to 10:00 p.m., and office hours are from 9:30 a.m. to 5:30 p.m. Mr. Newhouse stated that they use discreet colors such as terra cotta, desert tan, and a lighter tan for their facilities. Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 12 of 16 -~"~I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,..22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Chairman Wright asked Mr. Levitt if the piece of property up for rezoning is a piece of the whole property owned by Mr. Houdek. Mr. Levitt stated that it is. Mr. Levitt asked for variances to Items #2a, #2b, and #2c which all address the bufferyard requirements. He also asked for variances to Items #4a, #4b, and #4c which all address building setback lines. At 11:00 p.m., Chairman Wright stated that the Commission cannot hear Agenda Items #11, #13, and # 14 due to Case Limitation Resolution No. 95-24. Commissioner Creighton asked Mr. Newhouse how he guarantees that ail of their customers are using the storage units for legitimate purposes. Mr. Newhouse stated that they do an extensive background check by using a person's sociai security number immediately upon receipt of an application. He stated that their security system is a deterrent, aiso. He said they do not allow items such as gasoline or hazardous materials to be stored on site. He said they recently did a study of criminal activity in their units in the Dailas area, and there were more incidences at churches than at their storage units. He said that over 60% of the 40,000 storage units in the United States do not even have security systems. Vice-Chairman Potter asked Mr. Newhouse why he thinks the Southlake area will support this facility since there are other similar facilities close by. Mr. Newhouse stated that he is very certain that Southlake can support this facility; before they go into a market, they do extensive studies. Chairman Wright asked how they came up with the configuration of the lot. Mr. Makens stated that he purposefully gave Shurgard this portion of the lot because t!fis portion would typicaily be unused with any use on the main portion of the lot. He said that the Shurgard building becomes a great screening wall and landscaped area for a retail business or office use. Chairman Wright opened the public hearing. David McMahan, 1335 Hidden Glen, Southlake, Texas, stated that he agrees with Mr. Makens that this property is not suitable for a retail power center, but that it is appropriate for the proposed use. He stated that Shurgard has a great reputation in the lending community. He does not have any problems with the proposed 5' bufferyard. Chairman Wright closed the public hearing. Chairman Wright cailed for a recess at 11:30 p.m. Chairman Wright cailed the meeting back to order at 11:39 p.m. Commissioner Creighton stated that she does not see any need for this type of use in the City of Southlake. Regardless of the use, she does not like the variances being requested on the bufferyards and the building setbacks. She does not support this application. Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 13 of 16 ,---1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Chairman Wright stated that when he found out this odd shaped property was intentionally created and not just something that has happened over time, he got a completely different feeling about this application. Motion was made to deny ZA97-008. Motion: Second: Ayes: Nays: Approved: Creighton Murphy Schroetke, Tare, Wright, Potter, Edmondson, Murphy, Creighton None 7-0 (to deny) Motion carried. (Planning and Zoning Commission meeting, 03-06-97, tape 2, section #2214) AGENDA ITEM #11. ZA 97-013. REZONING AND SITE PLAN FOR ANTIOCH CHURCHES AGENDA ITEM #13. ZA 97-016. SITE PLAN OF FOX HOLLOW OFFICE: AGENDA ITEM #14. ASSISTED LIVING FACILITIES: Motion was made to table ZA 97-013 and ZA 97-016 and to continue the Public Hearings and to table Agenda Item #14, to the March 20, 1997, Regular Planning and Zoning Commission meeting due to Case Limitation Resolution No. 95-24. Motion: Second: Ayes: Nays: Approved: Potter Murphy Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 03-06-97, tape 2, section #2250) AGENDA ITEM #12. ZA 97-015. PLAT REVISION OF TIMBERLAKE. PHASE 5. LOTS 46R & 63R: Planner Chris Carpenter informed the Commission that the applicant's request is for the Plat Revision for Lots 47-R and 63-R, Block 2, Timber Lake, Phase 5, being a revision of Lots 47 and 63, Block 2, Timber Lake, Phase 5, and being approximately 9.0796 acres situated in the P. J. Hyde Survey, Abstract No. 667. The property is located on the north side of West Continental Boulevard and approximately 150' west of the intersection of Lake Forest Drive and West Continental Boulevard. The current zoning is "R-P.U.D." Residential Planned Unit Development. The Land Use Category is Medium Density Residential (may include limited low intensity office and/or retail uses). The owner are Larry G. and Diana L. Howard (Lot 47-R) and Timberlake Residential Association, Inc. (Lot 63-R). The applicant is Post, Buckley, Schuh, & Jernigan, Inc. Eighteen (18) Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 14 of 16 ~--1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 written notices were sent to property owners within the 200' notification area, and one (1) response was received which was in favor, and one (1) response was received which was opposed. Vice-Chairman Potter stated that he would always like to receive a copy of the previously approved plat in order to have a better idea of what is being changed. He asked City staff to always provide the Commission a copy of the approved plat. He also asked that City staffbriefly state exactly what is being revised on the plat. Piter Kessels, Post, Buckley, Schuh, & Jernigan, Inc., 5999 Sutnrnerside Drive, Suite 202, Dallas, Texas, presented this item to the Commission. He had no problems with StaffComments. Chairman Wright opened the public hearing. No one in the audience stepped forward to speak. Chairman Wright closed the public hearing. Motion was made to approve ZA 97-015, subject to Plat Review Summary No. 1, dated February 28, 1997. Motion: Second: Ayes: Nays: Approved: Murphy Creighton Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 03-06-97, tape 2, section #2485) Vice-Chairman Potter stated that he attended the Joint Use School Board meeting on March 5, 1997, and he is not optimistic that much will be changed on the Carroll I.S.D. 7-8-9 school plans when the Commission sees them again. He asked that City staffwrite a letter fi.om the Commission to the school board inviting them to attend the March 20, 1997, Planning and Zoning Commission meeting. He feels it would be helpful to have all the necessary parties present at that meeting. AGENDA ITEM #15. MEETING ADJOURNMENT: Motion was made to approve the adjournment of the meeting at 11:59 p.m. on March 6, 1997. Motion: Second: Ayes: Nays: Approved: Potter Murphy Schroetke, Tate, Wright, Potter, Edmondson, Murphy, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 03-06-97, tape 2, section #2844) Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 15 of 16 .-'-'- 1 2 3 4 7 8 9 10 11 12 13 14 17 18 ATTEST: Lori A. Farwell Community Development Secretary Joe~gh~t ~'/~ Chairman Planning and Zoning Commission Meeting Minutes on March 6, 1997 Page 16 of 16