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1997-07-03 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 July 3, 1997 COMMISSION PRESENT: Chairman Joe Wright; Vice-Chairman James Murphy; Commissioners Ann Creighton, Debra Edmondson, Rob Jones, F. C. LeVrier, and Lanny Tate COMMISSION ABSENT: None CITY STAFF PRESENT: City Attorney Wayne Olson, Community Development Director Greg Last, Zoning Adminislxator Karen Gandy, City Engineer Ron Harper, StaffEngineer Angela Turner, Planner Chris Carpenter, Planner Dennis Killough, and Community Development Secretary Loft Farwell The meeting was called to order by Chairman Wright at 6:12 p.m. to announce that the Commission would be going into Executive Session. The meeting was called back to order by Chairman Wright at 6:54 p.m., and he asked City Attorney Wayne Olson if any action was necessary as a result of the Executive Session. Mr. Olson stated that there was no action necessary. Chairman Wright then stated that the Commission would go into Work Session. The meeting was called back to order by Chairman Wright at 7:17 p.m. AGENDA ITEM #2. APPROVAL OF M1NUTES: Chairman Wright opened discussion of the minutes of the June 19, 1997, Regular Planning and Zoning Commission meeting. Motion was made to approve the June 19, 1997, Planning and Zoning Commission meeting minutes as amended in the Work Session. Motion: Edmondson Second: Murphy Ayes: Jones, Tare, Wright, LeVrier, Edmondson, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 07-03-97, tape 1, section #56) AGENDA ITEM #3. ADMINISTRATIVE COMMENTS: Community Development Director Greg Last informed the Commission ora possible Work Session regarding the first phase of the Southlake Town Center project. He stated that this Work Session is Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 1 of 22 Z 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 tentatively scheduled for July 31, 1997. Mr. Last also reminded the Commission of a Joint Planning and Zoning Commission and SP1N Work Session on July 24, 1997. (Planning and Zoning Commission meeting, 07-03-97, tape 1, section #87) AGENDA ITEM #4. ZA 97-074. REZONING: Zoning Administrator Karen Gandy informed the Commission that this request is for a Zoning Change on property described as approximately 485 acres, known as Solana and situated in the U.P. Martin Survey, Abstract No. 1015; T.W. Mann Survey, Abstract No. 1107; the J.B. Matin Survey, Abstract No. 1134; the C.M. Throop Survey, Abstract No. 1510; the W. Medlin Survey, Abstract No. 1958, Tarrant County, Texas; William Pea Survey, Abstract No. 2025, Tarrant County, Texas, the same being Abstract No. 1045, Denton County, Texas; and the J. Henry Survey, Abstract No. 724, Tarrant County, Texas, the same being Abstract No. 528, Denton County, Texas. The property is located South and West of State Highway No. 114, East of Precinct Line Road, and North of the Town of Westlake. The current zoning is "AG" Agricultural District. The requested zoning is "NR- PUD" Non-Residential Planned Unit Development for a Mixed Use Business Complex, known as Solana, to include the following uses: "0-2" Office District, "C-3" General Commemial District, "B- 1" Business Service Park District, "CS" Community Service District and "HC" Hotel District. The owner and applicant is International Business Machines Corporation ("IBM"), Maguire/Thomas Partners-Westlake/Southlake Partnership, Maguire Partners-Westlake Partnership, and MTP-IBM Phases II & III Joint Venture. The Land Use Category and the Corridor Recommendation have not been determined for this property. Six (6) written notices were sent to property owners within the 200' notification area, and no responses have been received. Bill Flagherty (Maguire Partners) lO1 Braddock Court, $outhlake, Texas, and Richard Kuhlman (Maguire Partners) 9 Village Circle, Southlake, Texas, presented this item to the Commission. Commissioner Edmondson asked Mr. Kuhlman if he would be willing to restrict the following uses in the "B-I" zoning district by Specific Use Permit (S.U.P.) only: 7). Computer manufacture and research; 9). Electronic manufacture; 11). Lithograph, engraving, printing and publishing; 12). Manufacture of medical and dental equipment; 13). Manufacture of musical instnanents; 16). Optical instrument and lenses manufacturing; 21). Scientific and professional instrument manufacturing; and 23). Small parts manufacturing and assembly. Mr. Kuhlman agreed to restrict those uses by S.U.P. only. 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 ZA97-074 subject to Development Plan Review Summary No. 1, dated June 27, 1997, restricting the following permitted uses in the "B-I" Business Service Park District by Specific Use Permit only: 7). Computer manufacture and research; 9). Electronic manufacture; 11). Lithograph, engraving, printing and publishing; 12). Manufacture of medical and dental equipment; 13). Manufacture of musical instruments; 16). Optical instrument and lenses Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 2 of 22 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 manufacturing; 21). Scientific and professional instrument manufacturing; and 23). Small parts manufacturing and assembly. Motion: Murphy Second: Creighton Ayes: Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 07-03-97, tape 1, section #734) AGENDA ITEM #5. ZA 97-075. SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT SOLANA MARRIOTT HOTEL: Zoning Administrator Karen Gandy informed the Commission that this request is for a Specific Use Permit for the sale of alcoholic beverages for on-premise consumption at Solana Marriott Hotel on the property described as Lot 2R, Block 2, of a final plat of Lots 1R and 2R, Block 2, Westlake/Southlake Park Addition No. 1, filed in Cabinet A, Slide 283, dated November 16, 1989, in the Tarrant County Map and Plat Records, being approximately 6.286 acres. The property is located at 5 Village Circle. The current zoning is "AG"Agricultural District. The requested zoning is "NR-PUD" Non-residential Planned Unit Development with "0-2" Office District, "C-3" General Commercial District, "B-I" Business Service Park District, "CS" Community Service District and "HC" Hotel District. The owner is Maguire/Thomas Parmers-Westlake/Southlake Partnership. The applicant is Hospitality International, Inc. The Land Use Category and the Corridor Recommendation have not been determined for this property. Four (4) written notices were sent to property owners within the 200' notification area, and no responses have been received. Richard Kuhlman (Maguire Partners) 9 Village Circle, Southlake, Texas, presented this item to the Commission. Mr. Kuhlman stated that this facility has been operating since mid-1990. 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 ZA97-075. Motion: Tate Second: Murphy Ayes: Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. (Planning and Zoning Commission meeting, 07-03-97, tape 1, section #831) Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 3 of 22 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 AGENDA ITEM #8. ZA 97-064. SITE PLAN OF SOUTHRIDGE CENTER. LOT 4. BLOCK 6. SOUTHRIDGE LAKES: Motion was made at the applicant's request to table ZA97-064 and to continue the Public Hearing to the August 21, 1997, Regular Planning and Zoning Commission meeting. Motion: Second: Ayes: Nays: Approved: Murphy Creighton Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 07-03-97, tape I, section #852) AGENDA ITEM #6. ZA 97-076. SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT CHILI'S RESTAURANT AT SOLANA: Zoning Administrator Karen Gandy informed the Commission that this request is for a Specific Use Permit for the sale of alcoholic beverages for on-premise consumption at Chili's Restaurant at Solana on the property described as Lot 1R, Block 2, of a final plat of Lots 1R and 2R, Block 2, Westlake/Southlake Park Addition No. 1, filed in Cabinet A, Slide 283, dated November 16, 1989, in the Tarrant County Map and Plat Records. The property is located at 3 Village Circle, Suite 108. The current zoning is "AG" Agricultural District. The requested zoning is "NR-PUD" Non- Residential Planned Unit Development with the following uses: "0-2" Office District, "C-3" General Commercial District, "B-1" Business Service Park District, "CS" Community Service District and "HC" Hotel District. The owner is Maguire/Thomas Parmers-Westlake/Southlake Partnership. The applicant is Chili's Beverage Company. The Land Use Category and the Corridor Recommendation have not been determined for this property. Four (4) written notices were sent to property owners within the 200' notification area, and no responses have been received. Richard Kuhlman (Maguire Partners) 9 Village Circle, Southlake, Texas, presented this item to the Commission. Mr. Kuhlman stated that this facility has been operating since 1989. 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 ZA97-076. Motion: Jones Second: Tate Ayes: Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 4 of 22 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 (Planning and Zoning Commission meeting, 07-03-97, tape 1, section #927) AGENDA ITEM #7. ZA 97-077. SPECIFIC USE PERMIT FOR THE SALE OF AL, COHOLI¢ BEVERAGES FOR ON-PREMISE CONSUMPTION AT RAKIP (JIM'} LUSHA D/B/A LA SCALA RESTAURANT: Zoning Administrator Karen Gandy informed the Commission that this request is for a Specific Use Permit for the sale of alcoholic beverages for on-premise consumption at Rakip (Jim) Lusha d/b/a La Scala Restaurant on the property described as Lot 1R, Block 2, of a final plat of Lots 1R and 2R, Block 2, Westlake/Southlake Park Addition No. 1, filed in Cabinet A, Slide 283, dated November 16, 1989, in the Tm'rant County Map and Plat Records. The property is located at 3 Village Circle, Suite 115. The current zoning is "AG" Agricultural District. The requested zoning is "NR-PUD" Non-Residential Planned Unit Development with the following uses: "0-2" Office District, "C-3" General Commercial District, "B-I" Business Service Park District, "CS" Community Service District and "HC" Hotel District. The owner is Maguire/Thomas Partners-Westlake/Southlake Partnership. The applicant is La Scala Ristorante Italiano, Inc. The Land Use Category and the Corridor Recommendation have not been determined for this property. Four (4) written notices were sent to property owners within the 200' notification area, and no responses have been received. Richard Kuhlman (Maguire Partners) 9 VzTlage Circle, Southlake, Texas, presented this item to the Commission. 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 ZA97-077. Motion: Second: Ayes: Nays: Approved: Edmondson Murphy Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 07-03-97, tape 1, section #989) Chairman Wright stepped down, and Vice-Chairman Murphy presided over Agenda Items #9 and #10. AGENDA ITEM #9. ZA 97-065. DEVELOPMENT PLAN OF TIMARRON ADDITION - WYNDSOR CREEK. PHASE II: Planner Chris Carpenter informed the Commission that this request is for a Development Plan of Timarron Addition - Wyndsor Creek, Phase II on property legally described as being approximately 15.925 acres situated in the Obediah W. Knight Survey, Abstract No. 899, and being Tracts 6, 6B, 6B1, 6B2, 6B3, 6E, and 6Fl. The property is located on the northwest comer of the intersection of Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 5 of 22 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 Old Carroll Road and East Continental Boulevard. The current zoning is "R-PUD" Residential Planned Unit Development District. The Land Use Category is Medium Density Residential and 100 Year Flood Plain. The owner and applicant is Westerra - Timarron, L.P. Nineteen (19) written notices were sent to property owners within the 200' notification area, and two (2) responses were received with one (1) being in favor and one (1) being undecided. Steve Yetts (Westerra- Timarron, L.P.) 300 E. Carpenter Freeway, Irving, Texas, presented this item to the Commission. He asked for exception to StaffComment #6 which addresses the alignment of East Perry Circle and West Perry Circle with "Street A"; he asked to leave the location of"Street A" as it is shown. Mr. Yetts stated that several residents have expressed their concerns to him regarding the safety of the connection of "Street A" and Longford Drive. He presented a plan to reconfigure "Street A" and stated that this new plan had not been reviewed by City staff. Commissioner Edmondson stated that she is very concerned about this development's proximity to Metro Pool which stores chlorine gas on-site. Mr. Yetts stated that Westerra - Timarron, L.P., does not own Metro Pool, so he does not know what he can do to remedy the situation. Vice-Chairman Murphy opened the public hearing. Brian Bazar, 1127 Long, ford Circle, Southlake, Texas, stated that he owns the house at the intersection of Longford Drive and "Street A." He stated that he is very concerned about the safety of his children if the location of "Street A" is approved as shown on the first plan. He asked the Commission to approve the second scenario in which "Street A" does not connect to Longford Drive. He said that Westerra - Timarron, L.P. has worked very hard with him to remedy the situation. Tim Kirst, 808 Longford Drive, Southlake, Texas, stated that he is very pleased with the change in the configuration of "Street A" and asked the Commission to approve this application. Bret Boren stated his confusion with the amount of right-of-way (R.O.W.) needed for Old Carroll Road. He stated that there appears to be some discrepancy between his property and the Timarron - Wyndsor Creek, Phase II, property. He stated that he is more than happy to give what property is needed if the City intends to improve the road, but he does not want to dedicate property and just have it sit there with no improvements. Planner Dennis Killough stated that Old Carroll Road was shown as 70' R.O.W. on the previous Master Thoroughfare Plan (M.T.P.). He stated that section of Carroll Avenue is no longer designated on the M.T.P. since it has been updated. Mr. Killough stated that due to the nature of Old Carroll Road, the City would require 60' R.O.W. City Attomey Wayne Olson stated that when the next item comes up, the Preliminary Plat for this property, the City needs to require dedication of whatever amount of R.O.W. needed for Old Carroll Road. Mr. Olson stated that Mr. Boren's property and any dedication required of it is another issue for another day. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 6 of 22 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 3O 31 32 33 34 35 36 37 38 39 40 41 42 Vice-Chairman Murphy stated that he is uncomfortable voting on this application until he has more information regarding the amount of R.O.W. dedication. Commissioner Tate stated that although he is not against the new configuration of "Street A," he does not know how the Commission would put it into a motion this evening. Vice-Chairman Murphy closed the public hearing. Mr. Olson stated that he does not think the Commission needs to speculate in this meeting how much R.O.W. is needed; he suggested to dedicate R.O.W. as determined by the City Engineer. Motion was made to approve ZA97-065 subject to Development Plan Review Summary No. 1, dated June 27, 1997, deleting Item #6 (alignment of"Street A" to East Perry Circle and West Perry Circle), approving "Street A" configuration as presented tonight, and requesting that City staff study the amount ofR. O.W. needed for Old Carroll Road. Motion: Tate Second: Jones Ayes: Tate, Jones, Murphy, Creighton Nays: LeVrier, Edmondson Abstain: Wright Approved: 4-24 Motion carried. (Planning and Zoning Commission meeting, 07-03-97, tape 1, section #2423) Vice-Chairman Murphy called for a recess at 8:35 p.m. Vice-Chairman Murphy called the meeting back to order at 8:50 p.m. AGENDA ITEM #10. ZA 97-066. PRELIMINARY PLAT FOR TIMARRON ADDITION - WYNDSOR CREEK. PHASE II: Planner Chris Carpenter informed the Commission that this request is for a Preliminary Plat for Timarron Addition - Wyndsor Creek, Phase II, on property legally described as being approximately 15.925 acres situated in the Obediah W. Knight Survey, Abstract No. 899, and being Tracts 6, 6B, 6B1, 6B2, 6133, 6E, and 6Fl. This plat proposes twenty-six (26) residential lots and three (3) common greens. The property is located on the northwest comer of the intersection of Old Carroll Road and East Continental Boulevard. The current zoning is "R-PUD" Residential Planned Unit Development District. The Land Use Category is Medium Density Residential and 100 Year Flood Plain. The owners and applicants are Westerra - Timarron, L.P. Nineteen (19) written notices were sent to property owners within the 200' notification area, and two (2) responses were received with one (1) being in favor and one (1) being opposed. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 7 of 22 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 Steve Yetts (Westerra - Timarron, L.P.) 300 E. Carpenter Freeway, Irving, Texas, presented this item to the Commission. Mr. Yetts asked that the Conunission delete Item #1 la which addresses the alignment of East Perry Circle and West Perry Circle with "Street A". Vice-Chairman Murphy opened the public hearing. No one in the audience stepped forward to speak. Vice-Chairman Murphy closed the public hearing. Vice-Chairman Murphy stated that he would like to make a comment to City Council to ensure an equitable division of R.O.W. along Old Carroll Road. Commissioner Creighton stated that she would like to see Mr. Boren's R.O.W. concerns addressed and not overlooked. Commissioner LeVrier stated that he would like the dedication of R.O.W. to be from the center line of the road and to be equal on both sides all the way down Old Carroll Road; he stated that would be fair to everyone. Motion was made to approve ZA97-066 subject to Plat Review Summary No. 1, dated June 27, 1997, deleting Item #1 la (alignment of "Street A" to East Perry Circle and West Perry Circle), approving "Street A" configuration as presented tonight, and stating to City Council that there should be an equitable distribution of R.O.W. on Old Carroll Road. Motion: Tate Second: Jones Ayes: Jones, Tate, LeVrier, Murphy, Creighton Nays: Edmondson Abstain: Wright Approved: 5-1-1 Motion carried. (Planning and Zoning Commission meeting, 07-03-97, tape 1, section #2878) Chairman Wright resumed chairmanship of the meeting. AGENDA ITEM #11. ZA 97-068. SITE PLAN FOR AN EMERGENCY ANIMAL HOSPITAL: Planner Chris Carpenter informed the Commission that this request is for a Site Plan for approximately 0.65 acres situated in the Jesse G. Allen Survey, Abstract No. 18, and a portion of Tract 2D. The property is located on the north side of West Southlake Boulevard (F.M. 1709) approximately 550' west of the intersection of West Southlake Boulevard (F.M. 1709) and Randol Mill Drive. The current zoning is "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District uses. The Land Use Category is 100 Year Flood Plain. The Corridor Recommendation is Retail Commercial. The owner is N.T.V.M.G. (North Texas Veterinary Medical Group). The applicant is William E. Hickey. Seven (7) written notices were sent to property owners within the 200' notification area, and no responses were received. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 8 of 22 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Conunissioner Edmondson asked if this property is shown to be completely within the flood plain, and Mr. Carpenter stated that this appeared to be tree, based on the designation on the Land Use Plan. Larry Hutto, 300 Trophy Club Drive, Suite 400, Trophy Club, Texas, presented this item to the Commission. He asked for exception of Item #9 and asked that the Commission accept the articulation as presented. After discussion, Mr. Hutto agreed to meet all articulation requirements prior to presenting this item at City Council. Chairman Wright opened the public hearing. No one in the audience stepped forward to speak. Chairman Wright closed the public hear/ng. Motion was made to approve ZA97-068, subject to Site Plan Review Summary No. 1, dated June 27, 1997, recognizing that the applicant agreed to meet all articulation requirements prior to presenting this item to City Council. Motion: Murphy Second: Creighton Ayes: Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton Nays: None Approved: 7-0 Motion carried. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (Planning and Zoning Commission meeting, 07-03-97, tape 1, section #3465) AGENDA ITEM #12. ZA 97-079. PRELIMINARY PLAT FOR HARRELL PLACE: Planner Chris Carpenter informed the Commission that this request is for a Preliminary Plat for Harrell Place, being legally described as approximately 5,8438 acres situated in the J. G. Allen Survey, Abstract No. 18 and being Tract lC. This plat proposes six (6) residential lots. The property is located on the southwest comer of the intersection of Johnson Road and Harrell Drive. The current zoning is "SF-1A" and "SF-30" Single Family Residential District. The Land Use Category is Low Density Residential. The owner and applicant is DDFW Properties. Twenty- one (21) written notices were sent to property owners within the 200' notification area, and five (5) responses have been received, one (1) of which was in favor, three (3) were opposed and one (1) was undecided. Ed Childress (LandCon, Inc.) 2501 Parkview Drive, Suite 610, Fort Worth, Texas, presented this item to the Commission. He stated that he is currently working on Item #3 (providing an off-site drainage easement); he is working with the Parks Department and Keller I.S.D. regarding a possible joint effort in resolving the drainage issues. Chairman Wright opened the public hearing. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 9 of 22 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 Bobby Butler, 3210 Gray Lane, $outhlake, Texas, stated his concern about the extreme drainage problems in this area. He asked the Commission to deny this plan until a solution to the drainage problems is found. L.D. Tucker, 3300 Gray Lane, Southlake, Texas, stated that his property is probably the most affected property in the area. He said that the City is not maintaining the drainage easement along the north side of his property. He asked that the Commission deny this application until something is done to resolve the drainage problems. George Goebel, 3110 Gray Lane, Southlake, Texas, asked that the City address the drainage problems in this area. Bert Poulin, 345 3~ Pearson Lane, Southlake, Texas, stated his concern about the drainage on the back of his property. He would like to see a drainage plan before this application is approved. Wayne Lee, 3220 W. Southlake Boulevard, Southlake, Texas, stated that there are about eighteen (18) acres in this drainage basin and his property only covers about six (6) acres; he said that most of it is Keller I.S.D. He said the City of Southlake is possibly going to purchase the school's property, and he has been working with them to see if they would incorporate some detention ponds into the school's property. He stated that the drainage easement that is currently behind some home on Gray Lane is already there and should be maintained by the City of Southlake. Chairman Wright closed the public hearing. Staff Engineer Angela Tumer stated that Public Works Department is currently researching the problems with the drainage easement behind the homes on Gray Lane. When the City receives detailed construction plans, she stated that City staff will work with the engineers on this project to make sure the culverts are properly sized, etc. City Manager Curtis Hawk stated that what were at one time 35' drainage easements do not appear to be 35' drainage easements now. He said that if those easements have been filled in over time, then they do need to be cleaned out in order to handle the water as intended. He said that there may be some problems that need to be addressed with individual property owners, but there is no way to know at this time. Commissioner Edmondson asked Ms. Turner if she has walked this area and looked at the drainage easement. Ms. Turner stated that she did go out and walk the area with Mr. Poulin. Commissioner LeVrier stated that he wants to see this development become a part of the overall drainage solution and that it is identified before this case proceeds any further. Commissioners Edmondson and Creighton agreed with Commissioner LeVrier that they do not want to sign off on the plat before the drainage solutions are found. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 10 of 22 3 4 5 6 7 8 9 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 Mr. Lee stated that if the Commission stops him at the preliminary plat stage, then he cannot move forward at all. He stated that he is currently working with the City and with the Parks Department to get the drainage problems resolved. Commissioner Jones stated that with this development, the City has the opportunity to fix the problem; without it, the City is back to square one. He stated that if this developer walks away, the City has one (1) less player to help solve the problem. Chairman Wright stated that he does not have a problem moving forward with the preliminary plat, with everyone having the knowledge that it will not go any further if the drainage issues are not worked out. Chairman Wright announced at 10:05 p.m. that the Commission would be going into Executive Session. The meeting was called back to order by Chairman Wright at 10:37 p.m., and he asked City Attomey Wayne Olson if any action was necessary as a result of the Executive Session. Mr. Olson stated that there was no action necessary. Motion was made to deny ZA97-079. Motion: Second: Ayesi Nays: Vote: Edmondson Creighton Edmondson, Creighton, LeVrier Jones, Tate, Wright, Murphy 3-4 Motion failed. Motion was made to approve ZA97-079 subject to Plat Review Summary No. 1, dated June 27, 1997. Motion: Tate Second: Jones Ayes: Jones, Tate, Wright, Murphy Nays: Edmondson, Creighton, LeVrier Approved: 4-3 Motion carried. (Planning and Zoning Commission meeting, 07-03-97, tape 1, section #5851) Chairman Wright called for a recess at 10:46 p.m. Chairman Wright called the meeting back to order at 10:58 p.m. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 11 of 22 3 4 5 6 7 8 9 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 AGENDA ITEM #13. ZA 97-023. SITE PLAN OF CHEVRON. LOT 1. BLOCK 1. VILLAGE CENTER: Planner Chris Carpenter informed the Commission that this request is for a Site Plan of Chevron on property described as Lot 1, Block 1, Village Center, and being approximately 0.934 acres situated in the Thomas Mahan Survey, Abstract No. 1049. The property is located on the northeast comer of the intersection of Village Center Drive and Southlake Boulevard (F.M. 1709). The current zoning is "C-3" General Commercial District. The Land Use Category is Mixed Use. The Corridor Recommendation is Village Center. The applicant is Chevron Products Company. The owner is T & M Southlake Development. Six (6) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was in favor. Don Walker (Chevron Products Company) 9150 Royal Lane, Suite 170, Irving, Texas, presented this item to the Commission. Mr. Walker stated that he has no problems with any of the Staff Review Comments. Commissioner Edmondson asked Mr. Walker if this store will be open twenty-four (24) hours, and he said that it would. She asked him what hours they are allowed to sell beer, and he said that he thinks it is until midnight during the week and until 1:00 a.m. on the weekend. Chairman Wright opened the public heating. Patty Minder, 223 Eastwood Drive, Southlake, Texas, stated that she met with Mr. Silverman to discuss this gas station and that the neighborhood still is of the opinion that Mr. Silverman lied to them by telling them there would never be a gas station in Village Center. She said the neighborhood would rather have a first-class restaurant on this pad site. She said they had a verbal agreement with Mr. Silverman that there would not be a gas station. She asked that the Commission make Mr. Silverman uphold his promise. Ms. Minder stated that the neighbors asked Mr. Silverman to call Chevron and ask them to withdraw; Mr. Silverman told them that he did ask Chevron to withdraw and they would not do it. She said that Chevron promotes drinking and driving by placing single bottles of beer in ice next to the register. She said this intersection is already dangerous without introducing alcohol into the picture. She asked the Commission to deny this request. Dona Schroetke, 211 Eastwood Drive, Southlake, Texas, agreed with everything Ms. Minder said previously. She wanted to let the Commission and everyone know how disappointed she is in Mr. Silverman because he lied to her and her neighbors. She stated that she is disappointed in Chevron, too, because they are moving forward with this application knowing full well the controversy associated with this site. She stated that the initial concept plan of Village Center had a bank shown on this pad site and questioned whether or not the Commission could hold Mr. Silverman to that concept plan. Chairman Wright closed the public heating. Planner Dennis Killough stated that he evaluates lot sizes, building envelopes, and driveway locations to determine substantial conformity of the site plan when compared to the concept plan. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 12 of 22 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 Motion was made to approve ZA97-023 subject to Site Plan Review Summary No. 2, dated June 27, 1997. Motion: Second: Ayes: Nays: Approved: LeVrier Murphy Jones, Tate, Wright, LeVrier, Murphy Edmondson, Creighton 5-2 Motion carried. (Planning and Zoning Commission meeting, 07-03-97, tape 1, section #918) AGENDA ITEM #14. ZA 97-024. SPECIFIC USE PERMIT (FOR THE SALE OF PACKAGED BEER FOR OFF-PREMISE CONSUMPTION). LOT 1. BLOCK 1. VILLAGE CENTER: Planner Chris Carpenter informed the Commission that this request is for a Specific Use Permit for the sale of packaged beer for off-premise consumption for Chevron, per Zoning Ordinance No. 480, Section 45.1 (1) and 45.6 (a and b) on property described as Lot 1, Block 1, Village Center, and being approximately 0.934 acres situated in the Thomas Mahan Survey, Abstract No. 1049. The property is located on the northeast comer of the intersection of Village Center Drive and Southlake Boulevard (F.M. 1709). The current zoning is "C-3" General Commemial District. The Land Use Category is Mixed Use. The Corridor Recommendation is Village Center. The applicant is Chevron Products Company. The owner is T & M Southlake Development. Six (6) written notices were sent to property owners within the 200' notification area, and one (1) response was received which was in favor. Don Walker (Chevron Products Company) 9150 Royal Lane, Suite 170, Irving, Texas, presented this item to the Commission. Mr. Walker stated that he has no problems with any of the Staff Review Comments. Chairman Wright opened the public hearing. Patty Minder, 223 Eastwood Drive, Southlake, Texas, asked the Commission to deny this request for beer sales. Chairman Wright closed the public heating. Commissioner LeVrier asked the applicant what percentage his beer sales are of his total sales. Mr. Walker stated that typically it is less than 5% of the overall sales for a particular site. Commissioner Edmondson asked Mr. Walker if Chevron intends to sell single bottles and cans of beer on ice next to the register. Mr. Walker stated that he is uncertain if this permit allows for that sort of thing. He stated that he wants to be on equal footing with other stores in town; if they are able to sell beer by the bottle, then he feels that this store should be able to, also. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 13 of 22 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 Motion was made to approve ZA97-024 subject to Site Plan Review Summary No. 2, dated June 27, 1997. Motion: Second: Ayes: Nays: Approved: Murphy Tate Jones, Tate, Wright, LeVrier, Murphy Edmondson, Creighton 5-2 Motion carried. (Planning and Zoning Commission meeting, 07-03-97, tape 1, section gl 119) Chairman Wright announced at 12:02 a.m. that the Commission would be going into Executive Session. The meeting was called back to order by Chairman Wright at 12:06 a.m., and he asked City Attorney Wayne Olson if any action was necessary as a result of the Executive Session. Mr. Olson stated that there was no action necessary. AGENDA ITEM gl 5. ZONING ORDINANCE NO. 480. ESTABLISHING REGULATIONS FOR GASOLINE SERVICE STATIONS (WITH OR WITHOUT CONVENIENCE STORES. CAR WASHES AND OTHER RELATED ANCILLARY USES): AGENDA ITEM #16. ZA 97-069. SITE PLAN FOR RETAIL EYECARE AN D PROFESSIONAL OFFICES FOR DR. WALLACE RYNE, D.O.; AGENDA ITEM #17. ZA 97-070. PLAT REVISION FOR THE PROPOSED LOTS 12R1 AND 12R2. BLOCK 2. DIAMOND CIRCLE ESTATES; AGENDA ITEM #18. ZA 97-080. REZONING OF A PORTION OF LOT 2. BLOCK 1. BAKER ESTATES. AND AGENDA ITEM # 19. ZA 97-071. PLAT REVISION FOR THE PROPOSED LOTS 1R AND 2R. BLOCK 1. BAKER ESTATES: Motion was made to continue Agenda Items #15, 16, 17, 18, and 19 and to continue the Public Hearings until the July 10, 1997, Planning and Zoning Commission continuation meeting. Motion: Second: Ayes: Nays: Approved: Murphy Creighton Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 07-03-97, tape 1, section gl 186) THE REMAINDER OF THE ITEMS WERE HEARD THE EVENING OF JULY 10, 1997. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 14 of 22 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 COMMISSION PRESENT: Chairman Joe Wright; Vice-Chairman James Murphy; Commissioners Ann Creighton, Debra Edmondson, Rob Jones, F. C. LeVrier, and Lanny Tate COMMISSION ABSENT: None CITY STAFF PRESENT: City Attorney Debra Drayovitch, Community Development Director Greg Last, Zoning Administrator Karen Gandy, City Engineer Ron Harper, Planner Chris Carpenter, and Commtmity Development Secretary Loft Farwell The meeting was called to order by Chairman Wright at 7:07 p.m. AGENDA ITEM #16. ZA 97-069. SITE PLAN FOR RETAIL EYECARE AND PROFESSIONAL OFFICES FOR DR. WALLACE RYNE. D.O.: Planner Chris Carpenter informed the Commission that this request is for a Site Plan of the proposed Lots 12R1 and 12R2, Block 2, Diamond Circle Estates, on property legally described as being Lot 12, Block 2, 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. The property is located on the northeast comer of the intersection of East Southlake Boulevard (F.M. 1709) and Diamond Boulevard. The current zoning is "C-2" Local Retail Commercial District. The Land Use Category is Mixed Use. The Corridor Recommendation is Residential. The owner is Diamond I Ltd. The applicant is FDB Architects. Seven (7) written notices were sent to property owners within the 200' notification area, and no responses were received. Dr. Wallace Ryne, 809 Boston Drive, Southlake, Texas, and Fred Ballinger (FDB Architects) 1240 Southridge Court, Suite 101, Hurst, Texas, presented this item to the Commission. Dr. Ryne stated that he personally met with the three (3) surrounding closest neighbors, and all are in favor of his request. Mr. Ballinger stated that due to the width of the lot, he is asking for several variances. Mr. Ballinger asked for a variance to Staff Comment Item #3a regarding the requirement of a 5' Type A bufferyard along the east property line of Lot 12R2. Mr. Ballinger stated that he has obtained a document for a common access easement between this lot and the lot to the east. He stated that he cannot have a bufferyard on the east side if he has a common access easement. Mr. Ballinger asked for a variance to Items #6a (driveway spacing) and #6b (driveway throat depth for stacking). He stated that Lot 12R1 will not be developed until Dr. Ryne finds a suitable purchaser of that lot and asked that Item #10a be waived at this time. Mr. Ballinger asked for the Commission to approve the building articulation as presented and waive the requirements of Item #10c. He stated that due to the covered parking being on the east side of the building, there is not much articulation that can be accomplished on that side. He stated that the north wall of the building cannot be seen by the residential properties or from Southlake Boulevard and asked that the articulation requirements and the building setback requirements (Item #10c) be waived at this time. Commissioner Creighton asked if the applicant considered placing one (1) muki-tenant building on this site. Mr. Ballinger stated that it is too much site for one (1) building; Dr. Ryne does not need that much building. Dr. Ryne stated that he does not want to be in the landlord business and that a 6,000 s.f. building would cost considerably more money. He stated that the way his loan is Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 15 of 22 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 structured, the bank will not loan him the money to build extra space to lease. He stated that he is intending to sell Lot 12R1 with a contract stating that he has ultimate architectural control over the type of building placed on that site. He stated that his building and equipment alone will cost him approximately $810,000.00 and that it is in his best interest to see that a nice building goes in next to him. Chairman Wright asked City staff if a Site Plan for Lot 12R1 would need approval from the Planning and Zoning Commission and from City Council. Community Development Director Greg Last stated that Lot 12R1 would need Site Plan appmvai from the Planning and Zoning Commission and from City Council in order to obtain a building permit. Mr. Last stated that it needs to be made clear that there is no approval being given for Lot 12RI. Commissioner LeVrier asked Dr. Ryne if he would be willing to eliminate the covered parking. Dr. Ryne stated that he would be willing to remove the covered parking, but he thought it looked better than having cars parked on Southlake Boulevard. Commissioner Creighton asked, if the bufferyard requirement listed in Item #3a were deleted, if the applicant would be willing to place the required plantings elsewhere on the site. Dr. Ryne stated that he would be willing to plant them elsewhere. Vice-Chairman Murphy stated that he is concerned about a precedent being set for other small lots on Southlake Boulevard if the Commission allows so many variances on this application. Mr. Ballinger stated that he would be willing to take 2' off the length of the covered parking garage and add a 2' indention into the west wall in order to better meet the articulation requirements on the west wall. Commissioner Jones asked Mr. Ballinger if he would willing to angle the dumpster in order for it not to face Southlake Boulevard, and Mr. Ballinger agreed to angle it as much as it possible. Chairman Wright opened the public heating. Jackie Humphrey stated she is very impressed with Dr. Ryne's proposal. She stated that she likes the covered parking because it keeps the cars from view. She stated that she liked the fact that Dr. Ryne is a Southlake resident and that the building will be owner occupied. She said she appreciated the fact that he properly contacted the surrounding residents and showed them plans of what he wants to do. She stated that she is Vice-President of the Diamond Circle Homeowners Association and has spoken to many of the residents and no one has voiced any concerns to her about this application. She stated that she thinks Dr. Ryne will be a good neighbor. Chairman Wright closed the public hearing. Commissioner Edmondson asked the applicant if he would be willing to reduce his lighting to 400- watt metal halide lamps instead of 1,000-watt lamps, and Dr. Ryne agreed to evaluate the lighting. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 16 of 22 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 Commissioner Creighton asked if the applicant would agree to one (1) monument sign instead of two (2) separate signs. Dr. Ryne stated that he understands there is a setback requirement for each sign but did agree to downsize the signs instead. He also agreed not to back-light the signs and possibly even put the lights on timers to turn off at 10:00 p.m. Commissioner Creighton asked that the applicant and City Council take another look at the sign issues on this site. Motion was made to approve ZA97-069 subject to Revised Site Plan Review Summary No. 1 dated July 10, 1997, deleting Item #3a (5' Type A bufferyard), but stipulating that the plantings will be placed elsewhere on the site, and that the dumpster will be angled as to not be perpendicular with Southlake Boulevard and permitting 2'-3' encroachment of the dumpster into the bufferyard; deleting Items #6a (driveway spacing) and #6b (driveway throat depths); forgiving the articulation requirements for the north and east walls; deleting Item # 11 (40' rear setback); acknowledging that Item #10a (elevations on Lot 12R1) will be required at a later date; and acknowledging the applicant's agreement to evaluate the lighting and use the minimum amount needed. Motion: Second: Ayes: Nays: Approved: Murphy Creighton Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 07-10-97, tape 1, section #2254) AGENDA ITEM #17. ZA 97-070. PLAT REVISION FOR THE PROPOSED LOTS 12R1 AND 12R2. BLOCK 2. DIAMOND CIRCLE ESTATES: Planner Chris Carpenter informed the Commission that this request is for a Plat Revision for the proposed Lots 12R1 and 12R2, Block 2, Diamond Circle Estates, being a revision of Lot 12, Block 2, 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, being approximately 0.919 acres situated in the W. W. Hall Survey, Abstract No. 687. The property is located on the northeast comer of the intersection of East Southlake Boulevard (F.M. 1709) and Diamond Boulevard. The current zoning is "C-2" Local Retail Commercial District. The Land Use Category is Mixed Use. The Corridor Recommendation is Residential. The owner is Diamond I Ltd. The applicant is FDB Architects. Five (5) written notices were sent to property owners within the 200' notification area, and no responses have been received. Fred Ballinger (FDB Architects) 1240 Southridge Court, Suite 101, Hurst, Texas, presented this item to the Commission. Mr. Ballinger asked for exception to Staff Comment Items #I0 (minimum lot width of 125') and #11 (minimum 30,000 s.f. lot area). Commissioner Creighton asked Mr. Ballinger if he had any idea of when the Common Access Easement Agreement might be executed, and Dr. Ryne stated that he should get it in a matter of a few days. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 17 of 22 Z 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 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 ZA97-070, subject to Plat Review Summary No. 1, dated June 27, 1997, deleting Items #10 (minimum lot width of 125') and #11 (minimum 30,000 s.f. lot area). Motion: Second: Ayes: Nays: Approved: Murphy Creighton Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 07-10-97, tape 1, section #2523) AGENDA ITEM #18. ZA 97-080. REZON1NG OF A PORTION OF LOT 2. BLOCK 1. BAKER ESTATES: Planner Chris Carpenter informed the Commission that this request is for a Zoning Change on property described as being a portion of Lot 2, Block 1, Baker Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1575, Plat Records, Tarrant County, Texas, and being approximately 1.2983 acres. The property is located on the west side of South Peytonville Avenue at the intersection of Boardwalk Avenue and South Peytonville Avenue. The current zoning is "SF-1A" Single Family Residential District. The requested zoning is "RE" Residential Estate District. The Land Use Category is Medium Density Residential. The owners and applicants are Brandon and Charlotte Baker. Four (4) written notices were sent to property owners within the 200' notification area, and no responses have been received. Brandon Baker presented this item to the Commission. He asked for the Commission's approval on this application. Chairman Wright opened the public hearing. Mike Lease, 370 S. Peytonville Avenue, Southlake, Texas, stated that the Bakers are good neighbors and feels that they should be allowed to build their barn. Chairman Wright closed the public hearing. Motion was made to approve ZA97-080. Motion: Second: Ayes2 Nays: Approved: Edmondson Murphy Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton None 7-0 Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 18 of 22 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 Motion carried. (Planning and Zoning Commission meeting, 07-10-97, tape 1, section #2754 AGENDA ITEM # 19. ZA 97-071. PLAT REVISION FOR THE PROPOSED LOTS 1R AND 2R. BLOCK 1. BAKER ESTATES: Planner Chris Carpenter informed the Commission that this request is for a Plat Revision for the proposed Lots 1R and 2R, Block 1, Baker Estates, being a revision of Lot 1 and Lot 2, Block 1, Baker Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1575, Plat Records, Tan'ant County, Texas. The property is located on the west side of South Peytonville Avenue at the intersection of Boardwalk Avenue and South Peytonville Avenue. The current zoning is "RE" Residential Estate District and "SF-1A" Single Family Residential District. The Land Use Category is Medium Density Residential. The owners and applicants are Brandon and Charlotte Baker. Two (2) written notices were sent to property owners within the 200' notification area, and no responses have been received. Brandon Baker presented this item to the Commission. Vice-Chairman Murphy asked City staff to clarify the intent of Staff Comment Item #1 lc (add "Utility Easement" to the existing drainage easements). City Engineer Ron Harper stated that there is an existing drainage easement down the center of Lot 1 and an existing utility easement on the rear of Lot 1 which the applicant is requesting to abandon. Mr. Harper stated that it is an "either-or" situation; either the Bakers can leave the easement on the back of Lot 1 and have two (2) separate easements, or they can move it forward in conjunction with the existing drainage easement which would unencumber 15' along the back of Lot 1. Mr. Baker stated that his problem with the easement is that he has heard that the City is planning to put a 12" sewer line down the middle of his property. Mr. Harper stated that the City has no plans to place that sewer line any time soon, but it would be a logical location when they decide to do it. Mr. Harper stated that the City hopes to eliminate the lift station on Stonebury's south property line eventually. Chairman Wright asked Mr. Baker which easement he would rather have, and Mr. Baker stated that he does not want either one. Mr. Baker stated that he has been very generous on drainage easements to the City of Southlake. Chairman Wright opened the public hearing. No one in the audience stepped forward to speak. Chairman Wright closed the public hearing. Chairman Wright stated that he feels the applicant wins because he ends up with one (1) easement instead of two (2). He suggested that the easement be labeled for "water, sewer, and drainage" only, eliminating the possibility of telephone poles being run down the middle of the Baker's property. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 19 of 22 Z 3 4 5 6 7 8 9 10 ll 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 Motion was made to approve ZA97-071, subject to Plat Review Summary No. 1, dated June 27, 1997, amending Item # 11 c to restrict the language in the north/south drainage easement to "water, sanitary sewer, and drainage easement." Motion: Second: Ayes: Nays: Approved: Murphy Jones Jones, Tate, Wright, LeVrier, Edmondson, Murphy, Creighton None 7-0 Motion carried. (Planning and Zoning Commission meeting, 07-10-97, tape 1, section #3543) Chaimaan Wright called for a recess at 8:54 p.m. Chairman Wright called the meeting back to order at 9:10 p.m. Commissioner Jones had to leave the meeting to attend to personal business. AGENDA ITEM #15. ZONING ORDINANCE NO. 480-Z. ESTABLISHING REGULATIONS FOR GASOLINE SERVICE STATIONS (WITH OR WITHOUT CONVENIENCE STORES. CAR WASHES AND OTHER RELATED ANCILLARY USES): Chairman Wright announced at 9:10 p.m. that the Commission would be going into Executive Session. The meeting was called back to order by Chairman Wright at 9:25 p.m., and he asked City Attorney Debra Drayovitch if any action was necessary as a result of the Executive Session. Ms. Drayovitch stated that there was no action necessary. Zoning Administrator Karen Gandy presented this item to the Commission and stated that the Service Station Work Group recommends that service stations only be allowed in the "C-3" General Commercial Zoning District with an S.U.P. She stated that any Corridor and underlying zoning requirements will still be in place, but there are several additional items that the Work Group suggested for evaluation of an application: if the service station is on the F. M. 1709 Corridor, it should be located at a signalized, arterial intersection; if the service station is on the State Highway 114 Corridor, it would be permitted mid-block. Ms. Gandy also brought up the issue of whether or not the City could prohibit service stations with/n 1,000' of a school and stated that the City Attorneys are researching that aspect. Ms. Gandy also stated that it was the recommendation of the Work Group that any air and water hoses at service stations be available to anyone who needs them and be free of charge. Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 20 of 22 z 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 3O 31 32 33 34 35 36 37 38 39 40 41 42 Ms. Gandy stated that the Work Group recommended a minimum of 125' setback for the buildings, canopies, and pump islands if the service station is adjacent to residential. She stated that the Work Group did not want to make any changes on F.M. 1709, F.M. 1938, and State Highway 114, regarding the minimum setback for buildings being 50', but allowing canopies to encroach into that setback and still maintain a 25' setback from the right-of-way. Vice-Chairman Murphy suggested restricting the hours of operation of the car wash when the site is adjacent to residential. Chairman Wright agreed with Vice-Chairman Murphy, but stated that he thinks the hours of operation for the car wash should only be regulated within a certain distance from residential. After discussion, the Commission agreed to the following statement: "The hours of any car wash operation may be limited when adjacent to residentially-zoned property." Chairman Wright stated that he thinks that car washes on F.M. 1709 should be required to have a gabled or hipped roof as do convenience stores and canopies. The Commission agreed to emphasize that the support columns of the canopy would also be of a similar masonry material. Commissioner LeVrier suggested that it be stated that the finish material of a car wash match the building. Commissioner Edmondson stated that the Corridor Overlay Study states that the use of standard, concrete block shall be limited to 10% of any facade visible from any adjacent, public right-of-way. She questioned if this statement would give applicants an opening to do the entire car wash in concrete block; she was uncertain if this statement meant 10% of all buildings combined or 10% of each building. Ms. Gandy stated that she would research which language would give us the same building material. Ms. Gandy stated that she is deleting service stations as a permitted use in the "C-I" and "C-2" zoning districts. She stated that the minimum floor area for a convenience store is 2,000 s.f., the minimum lease space within that store is 500 s.f., and any ancillary use or free-standing car wash would have to be a minimum of 500 s.f. Regarding lighting requirements, Chairman Wright suggested the following change: "...Such lighting shall be designated to light the pump area adequately without becoming an unnecessary nuisance to traffic or c~t':zcna' nearby property." Regarding signage, Commissioner Creighton stated that she would also like to restrict service stations on F.M. 1938 to one (1) monument sign, as are service stations on F.M. 1709. She also Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 21 of 22 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 29 30 31 34 35 36 37 38 39 40 43 44 stated that she would like to clean up the language to ensure that only one (1) monument sign is allowed on all service station sites. Commissioner Edmondson questioned whether or not the number of pumps could be limited. Commissioner Edmondson asked whether or not this ordinance could require applicants to place only double-walled fuel tanks, and Chairman Wright stated that he thinks that is a good idea but does not think this ordinance is the place to state that requirement. Commissioner Edmondson also stated that she would like to increase the landscaping requirements and require seasonal color plantings. City Attorney Debra Drayovitch stated that she is unsure whether the City could place more restrictive landscaping requirements on a particular type of use and not on all commercial uses. The Commission agreed to table this item to the July 17, 1997, Planning and Zoning Commission meeting and to continue the Public Hearing. AGENDA ITEM #20. MEETING ADJOURNMENT: Motion was made to approve the adjournment of the meeting at 10:25 p.m. on July 10, 1997. Motion: Second: Ayes: Nays: Approved: Tate Murphy Tate, Wright, LeVrier, Edmondson, Murphy, Creighton None 6-0 Motion carried. (Planning and Zoning Commission meeting, 07-10-97, tape 1, section #5986) ATTEST: L%ri A. Farwell Community Development Secretary Planning and Zoning Commission Meeting Minutes on July 3, 1997 Page 22 of 22