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REGULAR PLANNING AND ZONING
COMMISSION MEETING
October 5, 2000
COMMISSIONERS PRESENT: Chairman Dennis King; Vice-Chairman Michael Boutte; and
Commissioners Kenneth Home, James Jones, Pamela Muller, and John Terrell.
COMMISSIONERS ABSENT: Vernon Stansell.
CITY STAFF PRESENT: E. Allen Taylor, City Attorney; Brace Payne, Director of Planning; Ken
Baker, Senior Planner; Angela Turner, Graduate Engineer; and Lori Farwell, Planning Secretary.
Chairman King called the meeting to order at 6:32 p.m.
There was no Work Session held.
AGENDA ITEM #2, APPROVAL OF MINUTES:
Chairman King opened discussion of the minutes of the Planning and Zoning Commission meeting
held on September 21, 2000.
Motion was made to approve the minutes of the Planning and Zoning Commission meeting held
on September 21, 2000, as presented.
Motion: Home
Second: Terrell
Ayes: Home, Terrell, Boutte, Jones
Nays: None
Abstain: Muller, King
Approved: 4-0-2
Motion carried.
(Planning and Zoning Commission meeting, 10-05-00, tape 1, section #0028)
AGENDA ITEM #3, ADM1NISTRATWE COMMENTS:
There were no Administrative Comments.
AGENDA ITEM//4, ZA00-093, SITE PLAN FOR ST. LAURENCE EPISCOPAL CHURCH:
Motion was made to table ZA00-093 at the applicant's request and to continue the Public Hearing
to the October 19, 2000, Planning and Zoning Commission meeting.
Motion: Boutte
Second: Terrell
Ayes: Terrell, Boutte, Muller, Jones, Home, King
Nays: None
Approved: 6-0
Planning and Zoning Commission Meeting Minutes on October 5, 2000
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Motion carried.
(Planning and Zoning Commission meeting, 10-05-00, tape 1, section #0053)
AGENDA ITEM #5, ZA00-096, SPECIFIC USE PERMIT FOR A 65' STEALTH MONOPOLE
(FLAGPOLE) CELLULAR TOWER PLUS TEMPORARY CELLULAR TOWER:
Senior Planner Ken Baker presented this item to the Commission for a Specific Use Permit for a 65'
stealth monopole (flagpole) cellular tower plus temporary cellular tower on Lot 2, Hall Medlin No.
1038 Addition, being 4.855 acres. The property is generally located on the southeast comer of the
intersection of South White Chapel Boulevard and East Continental Boulevard. The Current Zoning
is "S-P-l" Detailed Site Plan District with "O-1" Office District uses. The Land Use Category is
Office Commercial. The Owner of the property is Chapel Monticello Partners, Ltd. The Applicant
is Voice Stream Wireless. Fourteen written notices were sent to property owners within the 200'
notification area, and three responses were received with all being opposed. A petition with five
signatures in opposition was received from the residents of the Adams Addition.
Vice-Chairman Boutte asked what is the City's process to determine whether or not another site
exists. Director of Planning Brace Payne said the applicant has to investigate all opportunities that
are out there and demonstrate to the City that those opportunities are not available to them.
Vice-Chairman Boutte asked if it is incumbent upon the City to go investigate that. City Attorney
E. Allen Taylor said the City has no obligation to undertake that investigation. He said the applicant
has the burden of coming forward and demonstrating the non-existence of any other viable
alternatives.
Commissioner Muller asked if the applicant looked into the possibility of using the White Chapel
Methodist Church steeple. Director Payne said the existing steeple is going to be coming down, and
the new steeple would be available but it is not built yet. It is his understanding that the applicant
intends to enter into negotiations with the church to ultimately locate there.
Michael Baty (Voice Stream Wireless) 2134 Routh Street #2249, Dallas, Texas, presented this item
to the Commission and reviewed the requested variances with them.
John Hubbard (Voice Stream Wireless) 11830 Webb Chapel Road, Dallas, Texas, discussed the Cell
On Wheels (COW) with the Commission.
Jay Jones (Development Manager for Voice Stream Wireless) 11830 Webb Chapel Road, Dallas,
Texas, addressed the real estate side of Voice Stream Wireless. He gave the Commission a brief
history of the sites that were sought after in the Southlake area. He said they have a Master Lease
Agreement with the City of Southlake and have located on three existing water tanks, and they are
also using an existing TXU transmission tower. He said the Timarron area is a very important area
for their coverage and so they issued a coverage area objective back in July 1999. The first
candidate to come back was the water tower in Bicentennial Park in which they were told there was
not sufficient ground space. They have spoken to White's Chapel United Methodist Church who is
capable and willing to locate the antenna within the new steeple but unfortunately the steeple will
Planning and Zoning Commission Meeting Minutes on October 5, 2000 2
I not be built until November 2001 which will not meet their current coverage objective. He said they
2 are now working with the Deputy Director of the Park Department, Steve Polesak, to try to engineer
3 a light standard replacement; they would use an existing light pole that is around a baseball
4 diamond. He said they have recently submitted a set of drawings to the Park Department that they
5 will take before the Park Board on October 9, 2000.
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Commissioner Terrell asked if this application will be withdrawn if the Park Board approves the
other site. Mr. Jones said they would consider that; he would first need to consult with the
Engineering Manager to make sure the 75' light standard would meet equal criteria. He said they
would still need the temporary COW.
City Attorney Taylor said there has been information presented tonight that was not in the packet
of information filed with the Planning Department. He said this new information strips jurisdiction
on this particular case from the Planning and Zoning Commission because under the regulation the
Commission cannot proceed to consider this tower until there has been an affirmative finding that
there is no other vertical structure available upon which this can be located. He said the applicant
has just testified that he is in the midst of negotiating on another pole and will be meeting with the
Park Board next week. There cannot be a finding until they have exhausted all other vertical
structures. He said he would strongly suggest that the Commission table this matter for sufficient
time for the applicant to exhaust the hearing before the Park Board and resolve this matter.
(Planning and Zoning Commission meeting, 10-05-00, tape 1, section #1379)
Chairman King opened the Public Hearing.
Ralph Williams, 1177 Adams Lane, Southlake, Texas, questioned that if there is already a water
tower in the City of Southlake that has antennas on it and Voice Stream Wireless is willing to pay
the City a substantial amount of money to have their antenna at that same location then why would
the City of Southlake not want to do everything in its power to make it happen instead of searching
somewhere else. He said that does not make any sense to him at all.
doe Kendall said he knows for a fact that one City Council member has not been contacted about
this. He said the Richardsons, the Kendalls, the Campinelas, the McClures, the Wunderlys, the
Bmdshaws, the Trenors, the Maniscos, and the Schneiders are all adjacent property owners and have
not been contacted by the applicant about any of this. He hopes the residents of Timarron are not
being used as a club to try to get the City to do what someone wants them to do.
Chairman King closed the Public Heating.
(Planning and Zoning Commission meeting, 10-05-00, tape I, section # 1482)
After discussion, the Commission decided to table this item until the November 9, 2000, meeting.
Motion was made to table ZA00-096 to the November 9, 2000, Planning and Zoning Commission
meeting.
Planning and Zoning Commission Meeting Minutes on October 5, 2000 3
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Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Muller
Boutte, Muller, Jones, Home, Terrell, King
None
6-0
Motion carried.
(Planning and Zoning Commission meeting, 10-05-00, tape 1, section # 1578)
AGENDA ITEM #6, ZA00-102, SPECIFIC USE PERMIT FOR THE SALE OF PACKAGED
BEER FOR OFF-PREMISE CONSUMPTION:
Senior Planner Ken Baker presented this item to the Commission for a Specific Use Permit for the
sale of packaged beer for off-premise consumption for Lot 2, Block 1, Gateway Plaza, Phase II, Unit
I, being 16.3702 acres. The property is located on the south side of State Highway 114
approximately 1,200' east of Kimball Avenue. The Current Zoning is "S-P-2" Generalized Site Plan
District with "C-Y' General Commercial District uses, including a gasoline service station and tires,
batteries, and automobile accessories. The Land Use Category is Mixed Use. The Owner of the
property is Costco Wholesale. The Applicant is Kimley-Home and Associates, Inc. Nine written
notices were sent to property owners within the 200' notification area, and one response was
received undecided.
Greg McGahee (AEM & Associates) presented this item to the Commission.
Chairman King opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman King closed the Public Hearing.
(Planning and Zoning Commission meeting, 10-05-00, tape 1, section #1663)
Motion was made to approve ZA00-102.
Motion: Jones
Second: Home
Ayes: Muller, Jones, Home, Terrell, Boutte, King
Nays: None
Approved: 6-0
Motion carried.
(Planning and Zoning Commission meeting, 10-05-00, tape 1, section #1688)
AGENDA ITEM #7, ZA00-103, SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC
BEVERAGES FOR ON-PREMISE CONSUMPTION:
Senior Planner Ken Baker presented this item to the Commission for a Specific Use Permit for the
sale of alcoholic beverages for on-premise consumption on a portion of Lot 3, Block 1, Gateway
Plaza Addition. The property is located at 2980 E. Southlake Boulevard being generally on the
Planning and Zoning Commission Meeting Minutes on October 5, 2000 4
1 northwest comer of Gateway Drive and East Southlake Boulevard. The Current Zoning is "S-P-2"
2 Generalized Site Plan District with limited "C-3" General Commercial District uses. The Land Use
3 Category is Mixed Use. The Owner of the property is Lincoln Southlake Ltd. The Applicants are
4 Joseph and Anna M. Ortiz. Two written notices were sent to property owners within the 200'
5 notification area, and no responses were received.
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Commissioner Muller asked if outdoor seating was approved with the restaurant. Director Payne
said outdoor seating is not mentioned one way or another in the listed uses of the "C-3" district; it
simply reads "restaurant". He said there is no definition of a restaurant or limitation of outdoor or
indoor seating in a restaurant. In fact, a prohibition of outdoor seating was removed from this section
by City Council approximately one year ago. In his opinion, outdoor seating is permitted anywhere
in this shopping center.
Commissioner Muller asked if them is a prohibition about how much of the sidewalk outdoor seating
can cover; she questioned if someone can cover the enter sidewalk with seating. Director Payne said
that could be addressed in the SUP; they could add language to make sure pedestrian movement is
provided for.
Commissioner Muller said she does not have a problem with outdoor seating per say, she just wants
people to be able to walk around in the area and be comfortable.
JeffOsborn presented this item to the Commission. He said the State of Texas requires that for them
to serve alcohol on a patio, it must be surrounded by a permanent structure. He said they will put
wrought iron around the patio. He said this area is not an ingress or egress to any other buildings,
but they like this area because it gives them a lot of visibility from the street. He said their initial
intention is to use this area as a holding area and to serve alcohol out there during periods of wait.
At this point in time, they do not intend to serve food out there, but that may change. He said they
send all of their employees to be server certified so that they can identify people who are
intoxicated; the employees all receive a certification from the State of Texas. He said he takes it real
seriously.
Chairman King opened the Public Hearing. No one in the audience stepped forward to speak.
Chairman King closed the Public Hearing.
(Planning and Zoning Commission meeting, 10-05-00, tape 1, section #2163)
Motion was made to approve ZA00-103.
Motion: Terrell
Second: Muller
Ayes: Jones, Home, Terrell, Boutte, Muller, King
Nays: None
Approved: 6-0
Motion carried.
Planning and Zoning Commission Meeting Minutes on October 5, 2000
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(Planning and Zoning Commission meeting, 10-05-00, tape 1, section #2189)
AGENDA ITEM #8, MEETiNG ADJOURNMENT:
Chairman King adjourned the meeting at 7:45 p.m. on October 5, 2000.
(Planning and Zoning Commission meeting, 10-05-00, tape 1, section #2219)
ATTEST:
Lori A. Farwell '
Planning Secretary
N:\Comraunity Development\WP-FILESXlvlTG~MIN~2000\ 10-05 -00.DOC
Planning and Zoning Commission Meeting Minutes on October 5, 2000 6