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REGULAR PLANNING AND ZONING
COMMISSION MEETING
August 3, 2000
COMMISSIONERS PRESENT: Chairman Michael Boutte; Commissioners Kenneth Home, James
Jones, Pamela Muller, Vernon Stansell, and John Terrell.
COMMISSIONERS ABSENT: Dennis King.
CITY STAFF PRESENT: Debra Drayovitch, City Attorney; Brace Payne, Director of Planning;
Kevin Hugman, Director of Community Services; Ben Henry, Park Planning and Construction
Superintendent; Dennis Killough, Senior Current Planner; Mark Johnson, Current Planner; Angela
Turner, Graduate Engineer; and Loft Farwell, Planning Secretary.
Chairman Boutte called the meeting to order at 6:40 p.m.
There was no Work Session held.
AGENDA ITEM//2, APPROVAL OF M1NUTES:
Chairman Boutte opened discussion of the minutes of the Planning and Zoning Commission meeting
held on July 20, 2000.
Motion was made to approve the minutes of the Planning and Zoning Commission meeting held
on July 20, 2000, as presented.
Motion: Muller
Second: Terrell
Ayes: Home, Stansell, Terrell, Muller, Jones, Boutte
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 08-03-00, tape 1, section//0028)
AGENDA ITEM//3, ADMINISTRATIVE COMMENTS:
Director of Planning Brace Payne reminded the Commission of the P&Z Orientation that will be
held on August 17, 2000, at 6:00 p.m. in the Council Chambers.
AGENDA ITEM//4, ZA00-088, FiNAL PLAT OF LOTS 1 & 2, BLOCK 23, SOUTHLAKE
TOWN SQUARE;
Motion was made to table ZA00-088 at the applicant's request.
Motion: Stansell
Second: Terrell
Ayes: Stansell, Terrell, Muller, Jones, Home, Boutte
Planning and Zoning Commission Meeting Minutes on August 3, 2000
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Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 08-03-00, tape 1, section #0104)
AGENDA ITEM #5, ZA00-024, REZONING:
This item was withdrawn by the applicant.
AGENDA ITEM #6, ZA00-068, REVISF. D SITE PLAN FOR CHRISTIAN MEN'S NETWORK:
This item was tabled to the September 7, 2000, Planning and Zoning Commission meeting.
AGENDA ITEM #7, ZA00-073, SITE PLAN FOR CONSULTANTS IN RADIOLOGY, PA:
This item was tabled to the September 7, 2000, Planning and Zoning Commission meeting under
provisions of Ordinance No. 480, Section 40.2.
AGENDA ITEM #8, ZA00-023, SITE PLAN FOR LOT 4, BLOCK 1, KIMBALL/1709
ADDITION:
Current Planner Mark Johnson presented this item to the Commission for a Site Plan for a Lot 4,
Block 1, Kimball/1709 Addition, being 0.8917 acres. This property is located on the northeast
comer of Kimball Avenue and East Southlake Boulevard. The Current Zoning is "C-3" General
Commercial District. The Land Use Category is Retail Commercial. The Owner of the property is
Tricon, and the Applicant is Glenn Engineering. Seven notices were sent to property owners within
the 200' notification area, and no responses were received.
Rick Howman (Glenn Engineering) 1 O0 Decker Court, Suite 250, Irving, Texas, presented this item
to the Commission and reviewed the requested variances with them.
Bill Beckler (WKB Architecture) 15 Brookhaven Drive, Lucas, Texas, said they have a considerable
amount of equipment on the roofi three HVAC units with two of the units being 12 ton and one
being 15 ton, five exhaust fans, one make up air fan for the kitchen hood equipment, five rooftop
condensers for refrigeration and cooler-type equipment, plumbing stacks, and a roof access hatch.
He said it would cause an extreme hardship on them to try to fully enclose the roof.
Commissioner Stansell asked if Mr. Beckler could estimate the approximate square footage of all
of the equipment. Mr. Beckler estimated that is is approximately 10% to 15%.
Commissioner Muller asked if they could reduce the area of the open roof and still get the needed
ventilation. Mr. Beckler said no.
Chairman Boutte opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Boutte closed the Public Hearing.
(Planning and Zoning Commission meeting, 08-03-00, tape 1, section #1013)
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Commissioner Muller asked that in the future the Commission be provided more information on
restaurants and the need for venting.
Commissioner Home asked to see full colored illustrations of projects in the future.
Motion was made to approve ZA00-023 subject to Site Plan Review Summary No. 5, dated July
28, 2000, and to accept the requested variances for Items #1 (relocate bufferyards from the perimeter
of the site to intemal islands); #2 (reduce the number of required parking spaces); #3 (reduce the
minimum driveway stacking depth); and//4 (provide a mansard roof rather than the fully enclosed
pitch roof).
Motion: Jones
Second: Terrell
Ayes: Terrell, Muller, Jones, Home, Stansell, Boutte
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 08-03-00, tape 1, section #1613)
Chairman Boutte said pursuant to Section 551.071, Texas Government Code, the Commission will
meet in Executive Session to consult with the City Attorney regarding matters authorized by Section
551.071, including matters posted on this agenda. The Executive Session began at 7:33 p.m. and
ended at 7:46 p.m. Chairman Boutte called the meeting back to order and asked the City Attorney
if any action was necessary as a result of the Executive Session, and Ms. Drayovitch said no.
AGENDA ITEM #9, ZA00-082, SPECIFIC USE PERMIT FOR OUTSIDE STORAGE:
Current Planner Mark Johnson presented this item to the Commission for a Specific Use Permit for
Lot 5, Block 1, Kimball/1709 Addition, being 14.7181 acres. The property is bounded to the south
by Southlake Boulevard (F.M. 1709) and to the west by North Kimball Avenue. It is located
approximately 300' south of State Highway 114. The Current Zoning is "C-3" General Commemial
District. The Land Use Category is Retail Commercial. The Owner of the property is Lowe's
Companies, Inc., and the Applicant is Mare Millis. Thirteen notices were sent to property owners
within the 200' notification area, and one response was received in favor
Marc Millis (Lowe's Companies, Inc.) 10504 Yucca Drive, Austin, Texas, presented this case to the
Commission and reviewed the requested variances with them.
Commissioner Stansell asked how high the masonry screening will be for the shopping carts. Jack
Swatlson (I(DRA Architecture & Engineering) 7400 E. McDonald, Scottsdale, Arizona, said it will
be an 8' high wall.
Commissioner Stansell asked what the overall square footage will be. Mr. Millis said the overall
square footage is 165,000 s.f. which includes sales floor, garden center, office, and receiving.
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Commissioner Stansell asked if any other alternatives were explored for storage of the carts. Mr.
Millis said there really was not; every square inch of the store is designed and placed for the sale of
merchandise and/or meeting codes and fire safety.
Chairman Boutte asked the applicant to describe the wrought iron masonry screening. Mr. Swanson
said the walls are masonry and the wrought iron will be the open fenced areas. He said the tube steel
is 6" on center.
Commissioner Home asked how they are going to landscape the north side of the building. Mr.
Millis said the site is heavily landscaped through their previous approval process. He said they saved
a number of trees above the ordinance requirements.
Mr. Swanson said the landscaping has already been pre-approved, and they are not asking for any
changes above what has already been approved.
Commissioner Muller asked if the planting material will go up by the wrought iron or will they also
have bagged goods in that area. Mr. Millis said there will be some racking of fertilizer towards the
front area.
Chairman Boutte opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Boutte closed the Public Hearing.
(Planning and Zoning Commission meeting, 08-03-00, tape 1, section #2533)
Regarding the garden center, Commissioner Terrell asked if the prior plan was basically the same
thing only walled in where there is now wrought iron. Senior Planner Dennis Killough said this is
identical to the approved plan. He said the approved plan had the short walled sections with the
spaced wrought iron sections; it was open through those wrought iron sections. He said there is no
difference from plan to plan in that area.
Commissioner Muller said she does not have trouble with the wrought iron as long as they put
planting materials by it, but if they are going to be stacking fertilized bags then she would prefer that
there not be wrought iron. She understands that the planting materials need to be located by the
wrought iron for air circulation, but she wants the bagged materials to be behind solid masonry.
Commissioner Home said the other materials such as fertilizers and grass seeds have a lot of dust
and cannot be located in an enclosed space where the air cannot move.
Chairman Boutte called for a break at 8:28 p.m.
Chairman BoUtte called the meeting back to order at 8:42 p.m.
(Planning and Zoning Commission meeting, 08-03-00, tape 1, section #3024)
Chairman Boutte said pursuant to Section 551.071, Texas Government Code, the Commission will
meet in Executive Session to consult with the City Attomey regarding matters authorized by Section
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551.071, including matters posted on this agenda. The Executive Session began at 8:42 p.m. and
ended at 8:59 p.m. Chairman Boutte called the meeting back to order at 9:02 p.m. and asked the
City Attorney if any action was necessary as a result of the Executive Session, and Ms. Drayovitch
said no.
(Planning and Zoning Commission meeting, 08-03-00, tape 1, section #3166)
Commissioner Muller asked staff to clarify the language in the ordinance regarding outside storage
screening. Mr. Killough said the bagged goods and other hard merchandise must be behind a solid
screen wall per the ordinance; it is not an item that is discretionary.
Commissioner Muller asked if staff made the applicant aware of that language. Mr. Killough said
yes; he made them aware of that issue.
Commissioner Muller asked what has changed to cause the applicant to ask for no roofing in the
staging area. Mr. Killough said it is his understanding there was a recommendation fi:om the building
department that the generation system would be better operated in that location without a roof.
Commissioner Home asked if tracks or trailers will be parked overnight in the staging area. Mr.
Millis said no.
Chairman Boutte asked if the applicant has any changes in his proposal in light of what he has
learned the Commission can and cannot do in the way of variances. In place of the wrought iron,
Mr. Millis proposed a plantation blind-effect metal that would be painted to match the wall and the
brick. He said the slats would be placed horizontally and would provide the solid appearance but
also allow for airflow.
Chairman Boutte asked if staff feels like that would meet the ordinance. Director Payne said the
guiding language is "a solid screening wall." He said if that constitutes a solid screening wall in the
Commission's minds then it does.
Chairman Boutte asked if the Commission would be setting a precedent, and Ms. Drayovitch said
yes.
Mr. Millis said the second option would be to brick it, making a solid wall but leaving breaks one
brick wide placed randomly to allow for the airflow.
Commissioner Muller asked why they couldn't place the bagged goods behind the solid wall and
place the plants behind the wrought iron. Mr. Swanson said that is what they are thinking of doing
with thc brick wall with the openings in the brick.
Commissioner Jones said he thinks the words "solid screening" are the key and not the word "solid".
He thinks the Commission needs to work within the parameters of what the ordinance says instead
of breaking new ground.
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Chairman Boutte agreed; he is very hesitant to set the precedent that applicants should come in with
the blind or shutter approach. He said the Commission is being asked to make that decision rather
quickly without really looking at it and understanding what it means.
Commissioner Jones agreed and said it is incumbent upon the applicant to understand exactly what
it says and come back with something that is in compliance with that definition instead of the
Commission trying to come up with it for them. He thinks it would be wise for them to table.
Mr. Millis asked if it would be possible for the Commission to approve the vestibule tonight; it has
a construction timing issue.
Chairman Boutte said he does not know how the Commission can table a portion and consider a
portion.
Mr. Killough said this was accepted as one application; it is a case approving all or part of what they
have proposed. In order for them to come back before the Commission, they would have to resubmit
another application addressing what was taken out of this application; it would have to be
readvertised before it would come back before the Commission.
Director Payne said unless the ordinance is changed, the conditions are not going to change for the
Commission to deal with. He said the Council wants to look at this ordinance, but he does not have
any sort of time frame for that and what the Commission is left with are the words "solid screening
wall". At a minimum, he said that means' some wall in a solid state that screens. He said it doesn't
say "opaque" or "continuous"; it just says "solid screening wall". He said there is no more guidance
than that.
Mr. Millis said they would be comfortable with a recommendation from the Commission which
approves certain items and disproves other items with a contingency that the specific denial was due
to a lack of information regarding what a louver or slat would look like; that would allow them to
proceed to City Council and maintain their construction schedule. They would bring that material
and that information to City Council and present it to them.
Mr. Swanson said they would also work with staff and make sure that what they are presenting has
approval from staffbefore they take it to City Council.
Ms. Drayovitch said the Commission does not even have to deny that portion; they could approve
it subject to meeting the ordinance requirements which in effect denies it.
Motion was made to approve ZA00-082 subject to Site Plan Review Summary No. 2, dated July
28~ 2000, and to grant the variances on Item/ti (storage of shopping carts outside) and on Item #2
(screen outside storage) for outside staging area only but in regards to the garden center, require it
to come into compliance with the ordinance and stating that the plant materials behind the wrought
iron is permissible but any bagged or hard goods must be behind a solid screen wall with no goods
stacked above the level of the wall; and allow the vestibule as proposed.
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Motion:
Second:
Ayes:
Nays:
Approved:
Muller
Stansell
Muller, Jones, Stansell, Terrell
Home, Boutte
4-2
Motion carried.
(Planning and Zoning Commission meeting, 08-03-00, tape 1, section #4417)
AGENDA ITEM #10, ZA00-083, REVISED SITE PLAN FOR ROCKENBAUGH
ELEMENTARY:
Current Planner Mark Johnson presented this item to the Commission for a Revised Site Plan for
Rockenbaugh Elementary School on Lot 1, Block 60, Timarron Addition, Phase 5, involving 15.357
acres. The school is located on the east side of Byron Nelson Parkway across from Parkwood Drive.
The Current Zoning is "R-P.U.D." Residential Planned Unit Development District (P.U.D. No. 1,
Timarron). The Land Use Category is Public/Semi-Public and 100-Year Flood Plain. The Owner
of the property is Carroll I.S.D. The Applicant is Rockenbaugh Elementary School. Twenty-six
notices were sent to property owners within the 200' notification area, and no responses were
received.
Jill Dickey (PTO President for Rockenbaugh Elementary School) 1000 Highland Oaks Drive,
Southlake, Texas, presented this case to the Commission.
Chairman Boutte opened the Public Hearing. He read response cards from Lisa Hassien, 725
Greymoor Place, $outhlake, Texas, and Dianne Low, 729 Greymoor Place, Southlake, Texas, who
are both in support but do not wish to speak tonight.
Chip Reid, 715 Greymoor Place, Southlake, Texas, said everyone on Greymoor Place is very much
in favor of this structure. They wish it was a little larger but realize the cost is prohibitive. He said
if they want to put in something similar next year, it would not bother them.
Chairman Boutte closed the Public Hearing.
(Planning and Zoning Commission meeting, 08-03-00, tape 1, section g4704)
Motion was made to approve ZA00-083 subject to Site Plan Review Summary No. 2, dated July
28, 2000.
Motion: Muller
Second: Home
Ayes: Jones, Home, Stansell, Terrell, Muller, Boutte
Nays: None
Approved: 6-0
Motion carried.
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(Planning and Zoning Commission meeting, 08-03-00, tape 1, section #4726)
AGENDA ITEM #11, ZA00-086, SITE PLAN FOR BOB JONES PARK:
Current Planner Mark Johnson presented this item to the Commission for a Site Plan for Bob Jones
Park on Tracts 1, 2, 10, and 11, M. Mahaffey Survey, Abstract No. 916; Tracts 3, 4, 5, and 5A, R.
D. Price Survey, Abstract No. 1003; Tracts 2 and 3, H. Throop Survey, Abstract No. 1273; and all
of the vacated West Beach Addition; and being approximately 200 acres. The property is located
on the southeast comer of Bob Jones Road and North White Chapel Boulevard. The Current Zoning
is "AG" Agricultural District. The Land Use Category is Public/Semi-Public and 100-Year Flood
Plain. The Owner and Applicant is the City of Southlake. Forty-six notices were sent to property
owners within the 200' notification area, and seven responses were received with two being in favor,
three opposed, and two undecided.
Kevin Hugman, Director of Community Services, presented this case to the Commission. He said
they were going for a natural look; the whole idea of Bob Jones Park and its development is to keep
it more natural. He said they have some intensive uses by North White Chapel Boulevard and as you
get past those uses the rest of the park will be a passive, natural park. He said the buildings within
the park are designed to keep that idea in mind which is why they stayed with the simple lines on
the restroom/concession building. They looked at articulating the building to meet the ordinance
requirements, and it would have added costs to it and they felt like it would defeat the purpose of
what they are trying to do.
Commissioner Muller asked why the pavilion was moved.
Ben Henry, Park Planning and Construction Superintendent, said it was moved partly because of
the drainage way and also by bringing it around and having it overlooking the pond they can create
a focal point.
Commissioner Muller asked what SPDC and the Park Board thought of the requested variances.
Director Hugman said at the time they discussed the plan with these groups, they were not aware
of the variances.
(Planning and Zoning Commission meeting, 08-03-00, tape 1, section #5798)
Chairman Boutte opened the Public Hearing.
Cara White (Park Board representative) 4475 Homestead Drive, Southlake, Texas, said the Park
Board wholeheartedly supported this plan. She said this is a good plan, and staff worked extremely
hard to move the intense uses away from the backside of the houses. They have had two or three
meetings with the neighbors, and they have supported the plan.
Marylyn Miles, 1024 E. Betsy, Fort Worth, Texas, asked that the City of Southlake continue to send
her mail to her work address at 1801 N. Hampton, Suite 260, DeSoto, Texas. She said she is locked
out of her property by no doings of her own but by the actions of the City of Southlake. Her property
address is 3939 Mud Hen Road. She said she was told by a staff member that she would never gain
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access to her property. She said she has no qualms about children playing soccer, but she would like
to be able to build a home on her prope~:y. She is totally surrounded by City property since the City
has also leased the Corps property to the east of her.
Julie Landesberg, 305 E. Bob Jones Road, Southlake, Texas, said she is speaking in favor of the
City's request for variances. She said the last thing she would want up there is an 8' wall. She thinks
the request for variances is very reasonable. She is in full support.
Boyd Dollar, 525 Brooks Court, Southlake, Texas, said two things have been discussed tonight that
he was not aware off variances and low level lighting. He congratulated the staff and the Park Board
for doing a lot of work on this park. He said he is concemed about giving a variance to the screening
and the bufferyard behind his property because he does not know what they are going to do there
yet. He would like the Commission to consider whether or not they really want to do that right now.
He said he is concerned about any lighting at all in the park and said he has consistently been
opposed to any lighting or sound in the park. He is also opposed to the location of the concession
stand and restrooms. He said he supports this item with reservations.
Marylyn Miles said she, too, has reservations about the number of trees planted in the park; she
would like to see more trees planted. She has concerns about the low level lights especially since
they will be turned east and west and her property is to the east. She has concerns about flooding
from the pond to the east.
Commissioner Muller asked the City Attorney about Ms. Miles' statement regarding access to her
property. Ms. Drayovitch said the City's position is that the City has not denied Ms. Miles access
to her property. She recommended that this issue is not necessary for the Commission to address in
connection with the Site Plan tonight; it is an issue the Commission cannot resolve.
Commissioner Muller asked what screening is being provided for future Coke machines. Director
Hugman stated they have no plans at this point in time for Coke machines. He said there is an alcove
area in the building design, though.
(Planning and Zoning Commission meeting, 08-03-00, end of tape 1, section #7142)
Chairman Boutte closed the Public Hearing.
(Planning and Zoning Commission meeting, 08-03-00, tape 2, section #0177)
Commissioner Jones said he was under the impression that the Commission does not like to give
variances to articulation and in this case, the City is the one asking for the variance. He said the City
should not have to vary so much; it is a little inconsistent. He said he does not think that having the
proper articulation on this building would cause anyone to wonder why the building isn't flat on
both ends.
Commissioner Terrell agreed and said that later on when he is considering granting an articulation
variance for someone else, he cannot in good conscience deny that variance when there is not a real
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good reason to grant this variance.
Commissioner Home agreed and said it looks to him like it is just a budget concession. He said he
thinks that because this is in Southlake and Bob Jones Park is so important to Southlake, it should
be built right.
Chairman Boutte agreed and said he is not going to feel good about granting a variance for the City
based on cost; every developer that comes in would like to cheapen his product and get variances
based on costs.
Motion was made to approve ZA00-086 subject to Site Plan Review Summary No. 2, dated July
28, 2000, and to allow the variance to Item #1 (Type 'C' bufferyard) and Item #2 (8' screening
device) but limiting to the areas of improvement on this Site Plan and deferring the required
bufferyards and screening along the northeast portion of the park until future Site Plans for
development.
Motion: Muller
Second: Jones
Ayes: Home, Stansell, Terrell, Muller, Jones, Boutte
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 08-03-00, tape 2, section #0847)
AGENDA ITEM #12, ZA00-087, PRELIMINARY PLAT FOR BOB JONES PARK:
Current Planner Mark Johnson presented this item to the Commission for a Preliminary Plat for Bob
Jones Park on Tracts 1, 2, 10, and 11, M. Mahaffey Survey, Abstract No. 916; Tracts 3, 4, 5, and 5A,
R. D. Price Survey, Abstract No. 1003; Tracts 2 and 3, H. Throop Survey, Abstract No. 1273; and
all of the vacated West Beach Addition; and being approximately 200 acres. The property is located
on the southeast comer of Bob Jones Road and North White Chapel Boulevard. The Current Zoning
is "AG" Agricultural District. The Land Use Category is Public/Semi-Public and 100-Year Flood
Plain. The Owner and Applicant is the City of Southlake. Forty-six notices were sent to property
owners within the 200' notification area, and six responses were received with five in favor and one
undecided.
Kevin Hugman, Director of Community Services, presented this case to the Commission.
Chairman Boutte opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman Boutte closed the Public Hearing.
(Planning and Zoning Commission meeting, 08-03-00, tape 2, section #0908)
Motion was made to approve ZA00-087 subject to Plat Review Summary No. 1, dated July 28,
2000.
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Motion:
Second:
Ayes:
Nays:
Approved:
Muller
Jones
Stansell, Terrell, Muller, Jones, Home, Boutte
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 08-01-00, tape 2, section #0922)
AGENDA ITEM # 13, MEETING ADJOURNMENT:
Chairman Boutte adjourned the meeting at 10:58 p.m. on August 3, 2000.
(Planning and Zoning Commission meeting, 08-03-00, tape 2, section #0928)
Michael Boutte
Chairman
ATTEST:
Loft A. Farwell
Planning Secretary
N:\Community Development\WP-FILESLMTGWiIN~2000\08-03-00.DOC
Planning and Zoning Commission Meeting Minutes on August 3, 2000 11