2000-03-23 P&Z Meeting1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
REGULAR PLANNING AND ZONING
COMMISSION MEETING
March 23, 2000
COMMISSION PRESENT: Chairman Mike Sandlin; Vice-Chairman C. D. Peebles; and
Commissioners Michael Boutte, Kenneth Home, Dennis King, and Pamela Muller.
COMMISSION ABSENT: None
CITY STAFF PRESENT: Debra Drayovitch, City Attorney; Greg Last, Director of Economic
Development; Charlie Thomas, Deputy Director of Public Works; Dennis Killough, Senior Current
Planner; Ken Baker, Comprehensive Planner; Angela Turner, Graduate Engineer; and Loft Farwell,
Planning Secretary.
Chairman Sandlin called the meeting to order at 6:37 p.m. There was no Work Session held.
AGENDA ITEM #2, APPROVAL OF MINUTES:
Chairman Sandlin opened discussion of the minutes of the Planning and Zoning Commission
meeting held on March 9, 2000.
Motion was made to approve the minutes of the Planning and Zoning Commission meeting held
on March 9, 2000, as presented.
Motion: Boutte
Second: Muller
Ayes: Home, Boutte, Peebles, Muller, King, Sandlin
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 03-23-00, tape 1, section #0021)
AGENDA ITEM #3, ADMINISTRATIVE COMMENTS:
There were no Administrative Comments.
Chairman Sandlin said Agenda Items g4, #5, and #6 are on the Consent Agenda and will not have
a separate discussion unless a Commission member or citizen so requests. There was no request to
remove them from the Consent Agenda.
Chairman Sandlin said he would also like to move Agenda Item # 8, ZA 99-125, to the Consent
Agenda because the applicant requested to table that item.
Vice-Chairman Peebles said the Commission received a letter from Oakmont Enterprises, Inc., who
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 1 of 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
asked for it to be read into the record. Chairman Sandlin read the letter as follows:
"Re: Ordinances Nos. 776 and 777, Abandonment of portions of Kirkwood
Boulevard and T.W. King Road:
Please be advised that Oakmont Enterprises, Inc., is opposed to the above-referenced
ordinances for the closing of portions of Kirkwood Boulevard and T.W. King Road.
Oakmont Enterprises, Inc. is the owner of approximately 23 acres of land in Trophy
Club which adjoins and abuts the roadways being considered for abandonment. The
closing of these public roadways for a purely private use will result in a denial of
access to my property that will substantially reduce the value of the property for its
planned development purposes. This action by the City of Southlake will essentially
constitute a taking of my property without due compensation. Therefore, I request
that you not recommend approval of Ordinances Nos. 776 and 777. I further request
that you read this letter into the record upon consideration of said ordinances at your
meeting scheduled for March 23, 2000.
Yours truly,
Cyrus H. Holley, President of Oakmont Enterprises, Inc."
AGENDA ITEM g4, ZA 00-007~ FINAL PLAT FOR LOTS 1 & 2~ BLOCK 61~ TIMARRON
ADDITION;
AGENDA ITEM #5~ ORDINANCE NO. 776, ABANDONMENT AND QUITCLAIM OF A
PORTION OF T. W. KING ROAD~
AGENDA ITEM #6, ORDINANCE NO. 777~ ABANDONMENT AND QUITCLAIM OF A
PORTION OF KIRKWOOD BOULEVARD~
AGENDA ITEM #8, ZA 99-125~ REZONING AND REVISED SITE PLAN FOR TRI-DAL~ LTD:
Motion was made to approve ZA 00-007 subject to Plat Review Summary No. 2, dated March 17,
2000; to approve Ordinance No. 776, Abandonment and quitclaim ora portion ofT. W. King Road;
to approve Ordinance No. 777, Abandonment and quitclaim of a portion of Kirkwood Boulevard;
and to table ZA 99-125 at the applicant's request and to continue the Public Hearing to the May 4,
2000, Planning and Zoning Commission meeting.
Motion: Boutte
Second: Home
Ayes: Boutte, Peebles, Muller, King, Home, Sandlin
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 03 -23-00, tape 1, section #0132)
AGENDA ITEM #7~ ZA 99-112~ PRELIMINARY PLAT OF EASTER PLAZA:
Comprehensive Planner Ken Baker presented this item to the Commission for a Preliminary Plat of
Easter Plaza on property legally described as Tracts 2A1A, 2A2A, 11, and 11E situated in the
Thomas Easter Survey, Abstract 474, and being approximately 32.6 acres. The property is located
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 2 of 15
1
2
3
4
5
6
7
8
9
lO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
on the south side of East Southlake Boulevard (F. M. 1709) approximately 650' west of Crooked
Lane. The Current Zoning is "AG" Agricultural District and "SF-1A" Single Family Residential
District. The Land Use Categories are Low Density Residential and Retail Commemial. The Owners
of the property are Roger G. Williams; E. C. White; Michael and Leah Sathre; Dean Shanklin; and
Richard Shanklin. The Applicant is Caddy Property Management. Twenty-seven (27) written
notices were sent to property owners within the 200' notification area, and three (3) responses were
received with two (2) being in favor and one (1) being opposed.
Max Krugler (Caddy Property Management) 708 Nettleton Drive, Southlake, Texas, presented this
item to the Commission. He said there is not a zoning request with the plat; they are trying to find
out where the City best wants Nolen Drive to intersect with Southlake Boulevard.
Commissioner Muller said it seems likely to her that if there will be an alignment with the property
on the north side of Southlake Boulevard then a traffic signal would go there. Her concern with the
alignment is the distance between the existing roads.
Mr. Krugler said one of the reasons they worked on this proposed location for Nolen Drive is
because it represents a mid-way point between Commerce Street and Kimball Avenue.
Commissioner Muller asked ifNolen Drive will eventually go through to S.H. 26. Mr. Kmgler said
he does not know; he has asked that question a number of times. He thinks that will be decided as
the school district plans are developed.
Commissioner Muller asked why the Commission is looking at the road before the platting of this
property. Senior Planner Dennis Killough said it is for the sole purpose of platting the right-of-way.
Commissioner Boutte said he does not recall revising the Master Thoroughfare Plan to include
Nolen Drive through this area. Mr. Killough said that is correct; there has not been a formal Master
Thoroughfare Plan amendment that would place this road on the thoroughfare. He said there was
a collector study done which City Council did approve which showed collector streets running
through this section of Southlake.
Commissioner Boutte said it seems to him we are really getting ahead of ourselves here. It seems
we are not following processes that have been specifically set up to make sure our comprehensive
planning does not become disjointed and out of sink. He said there is a whole neighborhood that is
residentially adjacent to this site and two lots that are shown as Low Density Residential on the Land
Use Plan; this plan would put a heavily traveled commercial drive right through those lots. He said
it will change the nature of the land that will have a snowball effect to the land adjacent to it where
homes already exist. He said he feels really uncomfortable going through this process this way
without going through the normal process where everything is taken into consideration.
Commissioner Boutte said there are quite a few lots here that would lend themselves to the owners
getting together and coming forward with a zoning request and a concept plan.
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 3 of 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Commissioner Muller agreed and said this little neighborhood gets pounded on constantly; she said
they need to be represented here and at the Council level.
Mr. Krugler said when he first started working on this project, he approached the City to ask what
the appropriate process would be to put something like this together. In every regard, he tried to
follow that as much as possible because he wanted to avoid the kind of scenario that he sees
developing here. He thinks the Commission's comments are well founded. He said it is a complex
situation to get all of the property owners together particularly when they are essentially offering
the City 74,000' of right-of-way. He said it is always very difficult to get all of the people involved
in the process to where it can ever reach any kind of a resolution. He said they are here to offer the
right-of-way and to develop the properties that are adjacent to it in a way that is in compliance with
the Land Use Plan and provide a development that is acceptable to the surrounding communities.
Commissioner Boutte asked which lot is Mr. Krugler's. Mr. Krugler said he has the property on the
southeast comer of the proposed Nolen Drive and F. M. 1709 under contract. He has a golf gift and
accessory business and is looking at developing a small lot in here as a commercial outlet for the
goods he currently sells through wholesale. He said he is looking at Lot 2, Block 1.
Vice-Chairman Peebles asked what the plans are for Lot 1, Block 1. Mr. Krugler said he does not
have plans for a specific use for that.
Commissioner Home speculated that Lot 1, Block 1, could be a gas station. Mr. Kmgler said there
are a lot of things that would have to be voted on before that happened: arterialization, signalization,
and Specific Use Permit approval,
Commissioner King asked if there has been a situation like this before; where the purpose of the plat
is to allocate the right-of-way before the properties are zoned. Mr. Killough said no, not that he can
recall.
Vice-Chairman Peebles said he is a little skeptical because this is kind-of backwards but said the
Commission still has the hammer of zoning.
Chairman Sandlin opened the Public Hearing.
Ken Schafer, 2449 Crooked Lane, Southlake, Texas, said he is very concerned about the
development of Lots 3 and 4, Block 2, which is across the street from him. He said he has heard that
Crooked Lane would actually dead end at Nolen Drive which would help the situation and said he
thinks it would be a good idea. He thinks the Master Thoroughfare Plan should be looked at first.
Commissioner Muller asked Mr. Schafer if he experiences trucks speeding along Crooked Lane at
60 mph. Mr. Schafer said not at 60 mph, but there are a lot of construction trucks and trucks with
trailers.
Jack Lovett (GenCap Partners) 13154 Colt Road, Dallas, Texas, said they would like to see Crooked
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 4 of 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Lane abandoned northward of Nolen Drive to Southlake Boulevard. He thinks some of the problems
would be solved to simply cul-de-sac Crooked Lane south of Nolen Drive; it would then become
a residential thoroughfare.
Commissioner Home said if Crooked Lane were cul-de-sac'd, those people who live on Crooked
Lane would not have access to Southlake Boulevard. He said they would have to travel southwest
to Kimball Avenue to even get to Southlake Boulevard. He does not want to force our citizens to
make that kind of decision.
Mr. Lovett said while they favor the alignment of Nolen Drive, their concern is that there does not
appear to be any funding available to make it happen. He said he would like to see the City put this
on the Capital Improvement Program or make it part of the major thoroughfare program.
Vice-Chairman Peebles said he would like to see the City abandon Crooked Lane and cul-de-sac it
south of Nolen Drive. He asked what the City would have to do to start that process. Mr. Killough
said an ordinance would have to be prepared, advertised, and brought forward to the Commission
and to City Council for approval.
Commissioner Muller said she would personally call for a meeting of the residents in this area
because they may not want a cul-de-sac on Crooked Lane. She said that would also be a good
opportunity to get their input regarding the zoning on the lots to the west of them.
Commissioner Home said they should also talk to the Public Safety Department to see how they feel
about access to Crooked Lane if there were a cul-de-sac.
Sonny James, 1714 Egret Lane, Southlake, Texas, said he is representing his father-in-law, E. C.
White, and said he does not understand the Commission's reluctance on this. He said if he asked
the City Council to zone Lot 3, Block 2, as residential, the answer would be no. He said the line at
the south end of that lot was established because his father-in-law was thinking about building his
house on that land, but he cannot build past that line because of the agreement the City has with the
airport. His concern was that one of the Commissioners made a comment about the large tract being
residential; it cannot be residential. He just wanted to correct that.
Chairman Sandlin closed the Public Hearing.
(Planning and Zoning Commission meeting, 03-23-00, tape 1, section #1550)
Mr. Krugler said he just tried to follow the process outlined to him by the City. If it is more
appropriate for them to come back after they have made a petition to have this section of Nolen
Drive added to the Master Thoroughfare Plan, he said they can understand that and they will be
more than happy to do that.
Chairman Sandlin said he is really unclear on starts position. He asked if staff likes this proposal.
Deputy Director of Public Works Charlie Thomas said from a traffic engineering standpoint, they
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 5 of 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
would prefer to eliminate the acute angle intersection with Crooked Lane and Southlake Boulevard
at some point in the future. He said the circulation plan done several years ago did show Nolen Drive
extending through to S. H. 114 in basically this general area. He said in looking at this plan and at
Gateway Plaza, Phase 2, they would feel this is an appropriate alignment. Regarding the
abandonment of Crooked Lane north of Nolen Drive, he said there would not be an engineering
purpose for that portion of Crooked Lane to Southlake Boulevard. He said what happens to Crooked
Lane south of Nolen Drive is really a separate issue and does not have a relationship with this
section of north Crooked Lane. He said he does not really see another alignment of Nolen Drive if
Gateway Plaza, Phase 2, is platted as presently planned. From a pure traffic engineering standpoint,
he said it is a good location and it completes the roadway as it was planned in the circulation study.
Chairman Sandlin asked who would actually be responsible for putting in Nolen Drive. Mr. Thomas
said before the street can be constructed someone will have to do a final plat dedicating the right-of-
way, and it is his opinion that any of the properties abutting Nolen Drive that wanted to be
developed would actually have to construct Nolen Drive to provide that access.
Commissioner King asked if it is being too preliminary for the Commission to approve the
alignment of Nolen Drive on the south side without knowing for sure where the alignment is on the
north side. Mr. Thomas agreed and said if this was approved, it ties down Nolen Drive on the north
side; that determination should be made together in his opinion.
Mr. Killough said Gateway Plaza, Phase 2, is currently under review and the road shown on the plat
and the concept plan aligns with the alignment shown on this plat.
Commissioner Muller said some good comments have been made tonight. She agreed that the City
does have an agreement with DFW Airport that the one lot cannot be single family residential. She
said it will probably be some transitional zoning such as office. She is still very uncomfortable not
knowing the big picture with the surrounding zoning. She said she would like to see the plan that
shows Nolen Drive on the north side of Southlake Boulevard. She would like more feedback from
the residents regarding the cul-de-sac on Crooked Lane. She said she would also like to see a
meeting between the residential property owners and the commercial property owners before she
would be comfortable in voting on this.
Vice-Chairman Peebles said he agrees with Commissioner Muller and thinks that this item should
be tabled for two or three meetings so that when it comes back the Commission has a better
indication of what is going on.
Commissioner Boutte said the Commission has clearly seen that this little stretch of road has big
ramifications. He thinks this needs to come to the Commission as an amendment to the Master
Thoroughfare Plan. He said this also points out the fact there needs to be some changes in the Land
Use Plan. He said he does not want to slow down what the applicant is trying to do, but there are so
many dominos that fall as a result of this one little change. He just wants to be sure the Commission
looks at everything properly.
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 6 of 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Chairman Sandlin asked the applicant if he wants to table this or if he wants the Commission to go
ahead and vote on it. Mr. Krugler said he would like to request that it be tabled.
Mr. Killough said he would recommend tabling at least one month in order to hold the appropriate
meetings. He said there is only one meeting in April and the next meeting after that would be May
4 which should allow adequate time to address these issues.
Vice-Chairman Peebles asked the applicant if he understands he is waiving the 30-day role by
tabling this item. Mr. Krugler agreed to waive the 30-day rule and to table it.
Motion was made to table ZA 99-112 at the applicant's request to the May 4, 2000, Planning and
Zoning Commission meeting.
Motion: Peebles
Second: Home
Ayes: Peebles, Muller, King, Home, Boutte, Sandlin
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 03-23-00, tape 1, section #2196)
AGENDA ITEM #9, ZA 00-004, SITE PLAN FOR ISIS PAPYRUS:
Comprehensive Planner Ken Baker presented this item to the Commission for a Site Plan for ISIS
Papyrus, on property legally described as Lot 10, Block A, Southlake Bank Place, an addition to the
City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4546
and 4547, Plat Records, Tarrant County, Texas, and being approximately 4.892 acres. The property
is located at 343 Bank Street being on the east side of Bank Street approximately 450' south of East
Southlake Boulevard (F. M. 1709). The Current Zoning is "C-3" General Commercial District. The
Land Use Category is Retail Commercial. The Owner of the property is Osiris Properties, Inc. The
Applicant is G. L. Barron Construction. Nine (9) written notices were sent to property owners within
the 200' notification area, and no responses were received.
Greg Barron (GL Barron Construction) presented this item and discussed the business aspects with
the Commission.
Scott Martsolf (ArchitecO discussed the technical aspects and the requested variances with the
Commission.
Commissioner Home asked Mr. Martsolf about the 50' tower. Mr. Martsolf said the owner would
like to have an art competition to invite artists to design a sculptural tower that they could drive
through. He said they do not know what it will look like yet, but they know they are limited by 50'.
He said he realizes it is a very controversial issue but asked what the City does about art. He said
there will be no signage on the tower.
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 7 of 15
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Chairman Sandlin opened the Public Heating. No one in the audience stepped forward to speak.
Chairman Sandlin closed the Public Hearing.
(Planning and Zoning Commission meeting, 03-23-00, tape 1, section #2851)
Commissioner Home said he noticed there are 122 parking spaces and said the applicant has
mentioned they will have about 200 employees. He asked how many hours a day these buildings
will be in use. Mr. Martsolf said that pretty typical 8:00 a.m. to 8:00 p.m.-type hours will be used.
Commissioner Home asked how all the employees will get there if they only have 122 parking
spaces. Mr. Martsolf said the 200 figure also includes guests who will be brought in by bus, limo,
etc. He said he thinks 200 is a little ambitious.
Vice-Chairman Peebles said if the applicant comes within the ordinance on parking then he would
just as soon see him eliminate a couple of spaces and increase the virtual stacking depth.
Commissioner Muller said this site goes on through to the IHOP lot; people will be leaving IHOP
and will go through this site to get to Bank Street.
Commissioner Boutte said he has never seen the signature membrane structure on the other ISIS
Papyrus facilities in Singapore and Austria. Mr. Martsolf said he handed out a picture of their
offices in Austria where they use it more as a shading device, but it is very similar in nature.
Chairman Sandlin said he thought the City has an ordinance which says they cannot do the
membrane structure. Mr. Killough said yes, but the Commission has the ability to make a
recommendation to City Council to waive that.
Commissioner Boutte said he sure wishes the Commission had some pictures of this structure on
another existing building. He said he really likes this company and loves the idea that it is coming
here and wouldn't want to chase them out of town because of this issue.
Commissioner Home asked Commissioner Boutte if he has seen the Denver Airport; it is the same
overall look. He said it is art, and he does not have a problem with it. He understands it is part of
the corporate logo and is identifiable around the world as an ISIS property.
Commissioner Boutte said he wouldn't vote against this case because of that.
Vice-Chairman Peebles said he is as conservative as they come and would just as soon not see it on
there, but if that is what they want to do with their building then it is okay. He asked the applicant
to take some pictures of their facilities in Singapore and Austria to City Council and show them how
he thinks this is an important element. Mr. Martsolfagreed.
Commissioner Muller asked the applicant if he will take the plantings from the east and north sides
and put it along the west and south sides. Mr. Martsolf said yes. He said they are not even required
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 8 of 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
to have a bufferyard along the west side and said the applicant will abide by that bufferyard but said
they would just like to plant between the back of the drive and the street. He said they want to be
able to landscape that area without having to put it in a 5' strip.
Commissioner King asked what materials will be used on the exterior elevations. Mr. Martsolf said
they will have a tile roof, the base will be stone, and the center will be synthetic stucco.
Commissioner Muller asked if the stucco will be the new one where they are having trouble with
moisture and rotting wood. Mr. Martsolf said no.
Commissioner Home asked Mr. Martsolf to describe the exterior lighting. Mr. Martsolf said they
see lighting around the perimeter which will be inward lighting and as they get closer to the
building, there will be canopy lights under all the arcades.
Chairman Sandlin said he wants the applicant to understand that whatever the Commission does
tonight, they will not be addressing the 50' tower. Mr. Martsolf said he understands that, but they
would like direction from the Commission on that.
Chairman Sandlin said staff is saying they need a sign permit for the tower.
Mr. Killough said the opinion Zoning Administrator Karen Gandy rendered on the tower was based
on information they had at that time; it was indicated to staff this was to be a corporate symbol to
be placed on the site. He said in the discussion he is hearing tonight, the applicant is speaking of
it as a unique art form which could ultimately be deemed to not be a sign. He said under those
circumstances it could be permitted on the site as long as it did not exceed the permitted height
which is 35'. To exceed that height, he said they would need approval from the Zoning Board of
Adjustment.
Vice-Chairman Peebles said if the applicant would agree to this structure being considered as a sign,
and the Commission will move this forward in accordance with the Sign Ordinance to City Council
for approval and that it could be made a part of the Site Plan submission. Mr. Martsolf said that
sounds acceptable.
Commissioner King asked staffhow they feel about the stacking depth variances. Mr. Killough said
he does not think staffhas a problem with the intensity that will be on this site and the streets it will
be accessing from.
Vice-Chairman Peebles said the stacking bothers him a little. He said he would feel better if they
move one or two parking spaces on each side of each entrance which would give a little more green
space. Mr. Martsolf said he does not think that is a problem. Vice-Chairman Peebles pointed out
the spaces he would like to eliminate.
Motion was made to approve ZA 00-004 subject to Site Plan Review Summary No. 3, dated March
17, 2000, with the following amendments:
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 9 of 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
· Waiving Item gl.a (articulation) and allowing as submitted;
· Waiving Item gl.b (membrane-type roofing);
· Waiving Item #2.a (bufferyards along perimeter);
· Waiving Item #3.a (minimum 100'driveway spacing);
· Waiving Item #3.c (minimum 100' throat depth) and acknowledging the applicant's
willingness to eliminate the two west spaces on the south side of the southern-most entry
drive on Bank Street and one space on the north side of the southern-most entry on Bank
Street and to eliminate one space on either side of the northern-most entry on Bank Street;
· Acknowledging the applicant's willingness to have the City consider the tower as a sign and
to have them bring it forward as a variance to the Sign Ordinance and obtain City Council
approval and this Site Plan would not be permitted without that agreement, and
· Requiring the applicant to bring pictures to City Council of facilities in Austria and
Singapore to help justify the covered entrance and encouraging the applicant to relocate the
covering behind the building and maybe do something else with the front of the building.
Motion: Peebles
Second: King
Ayes: King, Home, Boutte, Peebles, Sandlin
Nays: Muller
Approved: 5-1
Motion carried.
(Planning and Zoning Commission meeting, 03-23-00, tape 1, section g4088)
Chairman Sandlin called for a break at 8:39 p.m.
Chairman Sandlin called the meeting back to order at 8:48 p.m.
AGENDA ITEM gl0, ZA 00-010, SPECIFIC USE PERMIT FOR RAINBOW PLANT SALES:
Comprehensive Planner Ken Baker presented this item to the Commission for a Specific Use Permit
for Rainbow Plant Sales for a nursery yard/outside display of plants for retail sale per Zoning
Ordinance No. 480, Section 43.6 on property legally described as Tracts 1B2A and 1B2B situated
in the John A. Freeman Survey, Abstract No. 529, and being approximately 1.909 acres. The
property is located at 2171 E. Southlake Boulevard being on the south side of East Southlake
Boulevard (F. M. 1709) approximately 1000' west of Kimball Avenue. The Current Zoning is "B-I"
Business Service Park District. The Land Use Category is Office Commercial. The Owner of the
property is Dallas Foam, Inc. The Applicant is Derrick Malone dba Rainbow Plant Sales. Five (5)
written notices were sent to property owners within the 200' notification area, and no responses were
received.
Regarding the shade structure, Senior Planner Dennis Killough said it is not permitted under the
Corridor Overlay Regulations if it is a cloth or fabric-type structure; it would not be considered a
membrane-type roof.
Derrick Malone, 6115 Garcia Lane, Fort Worth, Texas, presented this item to the Commission. He
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 10 of 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
said they are typically open from the third week in March to the first week in July and then he
reopens around the third week in September to the first week in December.
Commissioner Muller asked if the proposed all-weather ground cover kills the grass. Mr. Malone
said it does kill the grass which is why he rotates the plants around. He said one week the plants will
be at one location then the next week he will move them over to a new location.
Commissioner Muller asked the applicant if it would present a hardship if he was not granted the
cloth pavilion. Mr. Malone said not really, but it would mean that whoever worked at the site would
have to sit out in the full sun all day. He said that is all that structure is for.
Commissioner Muller asked if they could use an umbrella. Mr. Malone said they could; that is what
they use at Six Flags Mall. He said at every store he has, the city requires something different. He
said he can do whatever the City wants him to do.
Commissioner Muller asked him to describe the honesty fence. Mr. Malone said it is a real thin
material that is 4" X 2". He said you can drive by and see straight through to the flowers; it does
not block the view of the flowers. He said they use it at night or to lock up at lunch, and it is used
to keep the honest people out. He said if someone wanted to, they could walk up and push this fence
over.
Vice-Chairman Peebles asked the applicant if it would be okay to limit him to March 15 to July 15
and September 15 to December 7. Mr. Malone said that would be more than enough.
Vice-Chairman Peebles asked the applicant if he would be willing to replace any dead grass. Mr.
Malone said yes; he does that at Hulen Mall.
Chairman Sandlin opened the Public Hearing.
Pattie Minder, 223 EastwoodDrive, $outhlake, Texas, said she is here in support of Derrick Malone.
She said she has been buying his plants for three years, and he keeps his S.H. 26 site immaculate.
She said the one thing that attracted her to his flowers was the color. She thinks he would be an asset
to this community.
Chairman Sandlin closed the Public Hearing.
(Planning and Zoning Commission meeting, 03-23-00, tape 1, section//4607)
Commissioner Boutte asked Mr. Malone if he is signing a lease for this property. Mr. Malone said
yes he will, but he has not yet. He said the lease was going to be for two years depending on what
happened with the Commission and the City Council. He said the lease will also depend on whether
or not the owner sells the property. If the owner sells the property, then Mr. Malone said he would
come back to the Commission and Council in a year or two with another request for a different
location. He said he hopes to be here forever either at that location or another location.
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 11 of 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Vice-Chairman Peebles asked what is the maximum sized plant he sells. Mr. Malone said he sells
10" & 12" hanging baskets and the flats are 20" X 10" which is the largest plant he carries.
Commissioner Muller asked if the sign he intends to have is a new sign. Mr. Malone said yes.
Commissioner Muller asked if this type of sign is allowed. Mr. Killough said no; he will have to
apply for a sign variance to have the type of sign he is proposing.
Mr. Malone said his sign at Hulen Mall is basically a long sign with flowers planted underneath it.
Commissioner Muller said her concern with this is we have a Mayoral candidate expressing the
issues about complying with our ordinances and having quality commercial development. She said
we have a Corridor Overlay Plan which is why this is coming forward as a Specific Use Permit. The
reason for the Corridor Overlay Plan was that the community wanted a certain feel and look to the
City of Southlake. She said this particular tract has had pumpkins, Christmas trees, snow cones, and
now flowers which is by far the least offensive. She is having trouble with this one tract almost
continuously having something going on it. She said the Council has worked very hard on the
Outside Storage Ordinance. She said how do we say that flowers are okay but a snow cone stand is
not or that a snow cone stand is okay here but not at another location.
Commissioner Muller said the applicant mentioned that if he were granted this SUP then the owner
would not come forward seeking permits for the other seasonal items. Mr. Malone said yes,
especially the pumpkins because they overlap each other in the fall.
Commissioner Muller said she would like the applicant to speak to the owner of the property about
that. She is just getting uncomfortable with the number of seasonal permits on this tract.
Commissioner Home said he enjoys pumpkins, snow cones, and flowers that mean human beings
live here. He enjoys the little small things that give a touch of individuality to our city. He does not
want this to be a town that has nothing but great big national franchise monuments. He said this is
a town of individual people with wives and husbands who like to work in the garden and like to go
out and see these things on the ground. He thinks these small things help beautify our town. He
thinks a child should be able to buy a snow cone in the town where he lives or buy a pumpkin in the
town where he lives. He does not think we need to make everything in Southlake marble and
concrete and glass. He said we need touches like this to keep us grounded. He would personally like
to see him get the 10' shade structure because he does not want to see the person he is buying plants
from sitting in the shade while he is standing in the sun.
Commissioner Boutte said he sees this as a very temporary use of what is currently a vacant pasture.
He does not see a building going in any time soon. He thinks this is very different than Wal-Mart
having sales out in their parking lot; Wal-Mart is there is stay for quite some time. He said we are
looking at granting a temporary SUP for use on some pasture land that otherwise is sitting thera
being just pasture land. He just does not have the same problems with it that he would have if this
were a request to start having repeated sales out in the parking lot. That is why he would be more
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 12 of 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
than happy to grant this request and would be very skeptical if a Home Depot were coming in saying
they want to put 3,000 s.f. of flowers out in their parking lot.
Vice-Chairman Peebles said he agrees with Commissioner Muller in that this property is in the
Corridor Overlay, and we need to be sensitive to that but so is Dallas Foam and Dallas Foam does
not come close. He said the property is perpetually for sale. He said he is worried about slippery
slopes. He asked if the Commission would be happy if ten of these businesses were spread up and
down Southlake Boulevard and said no they would not but this is one request and it is on a property
that is out of compliance. He said this is a very limited deal. He said the Commission can put so
many restrictions on it that he does not have a problem with it. He said this is something that as a
Commission and as a City we need to watch, and he wants to make the public aware that these SUPs
will not be granted easily.
Commissioner King said this is on a temporary basis and given the proposal the applicant has made,
he thinks it looks great. He agrees with a lot of what Commissioner Home said and thinks it adds
to the City. He said the Commission has made it clear that they contemplate this to be a temporary
use and maybe a filler use while this property is for sale. He said he is okay granting it with the
understanding the applicant will revisit this if he is still there in a couple of years.
Chairman Sandlin agreed with Vice-Chairman Peebles and said he is in favor of this because he
thinks it is temporary. He thinks sooner or later something will happen with Dallas Foam.
Commissioner Muller said she agrees with Commissioner Home about the shade structure; she does
not want to see any employee sitting out in the hot sun.
Pattie Minder said she has purchased plants from Mr. Malone for several years, and she does not
recall ever seeing one dead plant. She thinks this would be an enhancement to the Dallas Foam
building.
Motion was made to approve ZA 00-010 subject to Concept Plan Review No. 2, dated March 17,
2000, with the following amendments:
Deleting Items #1 (parking spaces); #2 (outside storage areas must be on an all weather
surface); and #3 (outside storage areas require screening);
· Regarding Item #4 (details of proposed shade structure), requiring the applicant to bring
pictures and details of the shade structure to City Council;
· Restricting the SUP to March 15 through July 15 and September 15 through December 7;
· Restricting it to bedding plants and hanging baskets not to exceed 12";
· No stacking will be permitted of the bedding plants;
· Dead grass to be replaced;
· Not allowing the fence as shown, but requiring the applicant to bring a picture of the honest
fence to City Council so they can have a look at it and the applicant can convince them it is
needed;
· Stipulating that the SUP will expire on March 30, 2002, and
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 13 of 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
i8
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
· Restricting the hours of operation to 7:30 a.m. to dark seven days per week.
Motion: Peebles
Second: King
Ayes: King, Home, Boutte, Peebles, Sandlin
Nays: Muller
Approved: 5-1
Motion carried.
(Planning and Zoning Commission meeting, 03-23-00, tape 1, section #5696)
AGENDA ITEM #11, ZA 00-030, REVISED SITE PLAN FOR LOT 1, BLOCK 10, SOUTHLAKE
TOWN SQUARE, PHASE II:
Comprehensive Planner Ken Baker presented this item to the Commission for Revised Site Plan for
Southlake Town Square, Phase II, Lot 1, Block 10, on property legally described as Lot 1, Block 10,
Southlake Town Square, Phase II, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 5261, Plat Records, Tarrant County, Texas, and
being approximately 2.678 acres. The property is located on the east side of North Carroll Avenue
across from Ownby Lane. The Current Zoning is "S-P-l" Detailed Site Plan District with "C-3"
General Commercial District uses including a U.S. Post Office and associated outside storage. The
Land Use Category is Mixed Use. The Owners of the property are The Fechtel Group with general
partners: Alicia Marie Fechtel, Charles Joseph Fechtel, Mary Louise Logan, John Randolph Fechtel,
Marguerite Elizabeth Fechtel, and James Milton Feehtel. The Applicant is Cooper & Stebbins, L.P.
Seven (7) written notices were sent to property owners within the 200' notification area, and no
responses were received.
Jeff Jones, 1411 Cambridge Crossing, Southlake, Texas, presented this item to the Commission. He
said they are here because the tenant for this building wanted a customer pick-up area.
Commissioner Sandlin asked who is the tenant. Mr. Jones said the tenant is Store House.
Commissioner Muller asked if this has the depth and required dimensions for a pick-up area. Mr.
Killough said it meets the minimum requirements for a loading space in their "S-P-2" zoning
regulations.
Vice-Chairman Peebles asked why they cannot make the back four spaces a loading zone. Mr. Jones
said that is customer parking. Mr. Jones said to do that they would have to bring the furniture out
the front door of the store and into the parking lot and load it.
Chairman Sandlin opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Sandlin closed the Public Hearing.
(Planning and Zoning Commission meeting, 03-23-00, tape 1, section #6083)
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 14 of 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
36
37
38
39
40
41
44
45
46
Commissioner King said he is okay with this; it looks fine to him.
Commissioner Muller said this is a little different from a loading dock; it is just for people to pick
up their furniture so they don't have to walk through the store.
Vice-Chairman Peebles said he thinks they could put a back door on what has already been
approved. He said they are changing a site plan based on one tenant, and he does not think that is
a good idea.
Commissioner Home said it is fine with him. He said that is why there is EIFS on the back of the
building so that they can change it according to the tenant's wishes.
Commissioner Boutte said he is perfectly fine with this.
Motion was made to approve ZA 00-030 subject to Site Plan Review Summary No. 1, dated March
17, 2000.
Motion: King
Second: Muller
Ayes: Home, Boutte, Muller, King, Sandlin
Nays: Peebles
Approved: 5-1
Motion carried.
(Planning and Zoning Commission meeting, 03-23-00, tape 1, section #6316)
AGENDA ITEM # 12, MEETING ADJOURNMENT:
Chairman Sandlin adjourned the meeting at 9:34 p.m. on March 23, 2000.
(Planning and Zoning Commission meeting, 03-23-00, tape 1, section #6326)
Mike Sandlin
Chairman
ATTEST:
Lori A. Farwell
Planning Secretary
N:\Community Development\WP-FILESLMTG~vllNX2000\03-23-00.DOC
Planning and Zoning Commission Meeting Minutes on March 23, 2000 Page 1S of 15