2008-02-05
OFFICIAL RECORD
CITY OF
SOUTHLAK-E
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 5, 2008
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris,
Deputy Mayor Pro Tern Virginia M. Muzyka, and Councilmembers Laura K. Hill, Gregory
Jones, Vernon Stansell (arrived at 6:10 p.m.) and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Community Relations Officer Pilar Schank, Manager of
Information Systems Gary Gregg, Intern Lauren Clark, Director of Community Services
Steve Polasek, Deputy Director of Community Services Kerry McGeath, Park
Maintenance Worker Adolfo Paz, Director of Economic Development Greg Last,
Director of Finance Sharen Jackson, Vehicle Fleet Coordinator Tim Slifka, Accounting
Assistant Kealoha Vaipulu, Director of Human Resources Kevin Hugman, Chief of Fire
Services Robert Finn, Chief of Police Services Wade Goolsby, Accreditation
Coordinator Roland DeGraauw, Director of Planning and Development Services Ken
Baker, Chief Building Official Paul Ward, Planner Clayton Comstock, GIS Analyst Daniel
Ford, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon
Mayer, Public Works Operations Manager Chuck Kendrick, Construction Inspector Mike
Moore, Office Assistant Stephanie Breitbarth, City Attorney Tim Sralla and City
Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor
Wambsganss at 5:07 p.m.
Agenda Item No. 2. Invocation: Linda Pallone, Chaplain of the Month. Linda Pallone
from Gateway Church gave the invocation. Mayor Wambsganss led the pledge of
allegiance.
Agenda Item No. 3. 12ACTion Awards Recognition FY07Q4, FY08Q1. Director
Hugman recognized employees who received the 12ACTion award. City Manager
Yelverton asked the employee award winners who were in attendance to stand and be
recognized. The Mayor and the Council thanked them for representing the City well.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008
Page 1 of 12
Agenda Item No 4 Discuss Ordinance No. 480-SSS, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended as it pertains to development
regulations on properties within the City of Southlake which are not currently regulated
by the City's Corridor Overlay Zone or Residential Adjacency Standards. Director Baker
presented this item and answered Council's questions. The Council discussed this item
but did not take action.
Agenda Item No 5 Review consultant's recommendations for Council Chambers sound
systems and video systems. Manager Gregg presented this item and answered
Council's questions. The Council discussed this item but did not take action.
Agenda Item No 6 Discuss all items on tonight's meeting agenda. City Council
reviewed the agenda items with city staff.
Mayor Wambsganss closed the work session at 5:58 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:59 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council
would be going into Executive Session pursuant to the Texas Government Code
Section 551.071, consultation with attorney; Section 551.072, and Section 551.087,
deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 5:59 p.m. Executive Session began at 6:26 p.m. and ended at
6:37 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 6:58 p.m. and asked if any action was necessary from Executive Session. No action
was necessary.
Agenda Item No. 3A. Mayor's Report. Mayor Wambsganss announced upcoming
meetings and events.
Agenda Item No. 3B. City Manager's Report. There was no report given.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion.
Agenda Item No. 4A. Approve minutes from the January 15, 2008, regular City Council
meeting and the January 24, 2008, strategy session with City Council. A presentation
was not made on this item.
Agenda Item No. 4B. Approve a revised water purchase contract between the cities of
Southlake, Fort Worth and Keller. A presentation was not made on this item.
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Agenda Item No. 4C. Approve an amendment to the inter-local agreement between
Tarrant County, Denton County, City of Keller, Town of Westlake and City of Southlake
to include funding for additional engineering and subsurface utility engineering services
for the F.M. 1938 roadway project. A presentation was not made on this item.
Agenda Item No. 4D. Approve amendment no. 1 to the professional services agreement
with Graham and Associates, Inc. for engineering for the construction documents and
right-of-way documents for F.M. 1938, Precinct Line Road from State Highway 114 to
West Southlake Boulevard. A presentation was not made on this item.
Agenda Item No. 4E. Authorize amendment no. 3 to the professional services
agreement with Lee Engineering, Inc. to provide engineering services for design of
three roundabout intersections: Continental Boulevard at White Chapel Boulevard, Dove
Road at White Chapel Boulevard, and Dove Road at Carroll Avenue. A presentation
was not made on this item.
Agenda Item No. 4F. Award of bid for the Bob Jones Park parking lot overlay to
Peachtree Construction, Ltd., in an amount not to exceed $160,295. A presentation was
not made on this item. The Council approved this item subject to funding approval by
the Southlake Parks Development Corporation.
Agenda Item No. 4G. Authorize the purchase of vehicles from Philpott Motors, through
the Houston-Galveston Area Council of Governments in the amount of $187,756.36. A
presentation was not made on this item, but Vehicle Fleet Coordinator Slifka answered
questions during the work session.
Agenda Item No. 4H. Resolution No. 08-008, Establish an Audit Committee for the
purpose of overseeing the annual financial audit process and appointing members.
Mayor Wambsganss, Deputy Mayor Pro Tern Muzyka, and Councilmember Terrell were
appointed to the Committee. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING AN AUDIT
COMMITTEE AND APPOINTING MEMBERS TO THE COMMITTEE AND PROVIDING AN
EFFECTIVE DATE.
Agenda Item No. 41. Ordinance No. 926, 1St Reading, Approve a settlement agreement
between the Atmos cities steering committee and Atmos Energy Corporation, Mid-Tex
Division. A presentation was not made on this item.
Agenda Item No. 4J. Variance to the Subdivision Ordinance No. 483, as amended,
regarding_ plat expiration, requesting to extend the validity of Case ZA06-138, Final Plat
for Lot _1, Block 22, Southlake Town Square (Summit Park). A presentation was not
made on this item.
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Agenda Item No. 4K. Ordinance No. 927, 1St Reading, Street name change for East
Haven Addition changing East Perry Circle and West Perry Circle to Haven Circle. A
presentation was not made on this item.
Agenda Item No. 4L. Ordinance No. 480-551 1St Reading (ZA07-170), Zoning Change
and Concept Plan for Davis residence on property being legally described as Lot A,
Block 1 Old Orchard Country Estates, located at 1900 Shady Oaks Drive. Current
Zoning: SF-1A Single Family Residential District. Requested Zoning: SF-2 Single
Family Residential District. SPIN Neighborhood #11. A presentation was not made on
this item.
Agenda Item No. 4M. Consider SP07-181A, Variance to Sign Ordinance No. 704-C for
Edwin Watts Golf, located at 2801 East State Highway 114. A presentation was not
made on this item.
Agenda Item No. 4N. Ordinance No. 480-545, 1St Reading(ZA07-145) Zoning Change
and Site Plan for Panera Bread and Bakery Cafe on property being legally described as
Lot 2 Block 1, Gumm Scifres, located at 111 South Village Center Drive. Current
Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #8. The applicant requested to table this item to the February 19, 2008,
City Council meeting.
Agenda Item No. 40. Ordinance No. 480-536, 2nd Reading (ZA07-139), Zoning Change
and Site Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business
Park Addition on property legally described as Lots 1 and 2R, Block 3, Cornerstone
Business Park Addition and located at 500 Silicon Drive and 510 Silicon Drive. Current
Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood V. The applicant requested to table this item to the February 19, 2008,
City Council meeting.
Agenda Item No. 4P. ZA07-111, Plat Revision for Lots 1 R1, 1 R2, 2R1, 2R2, and 2R3,
Block 3, Cornerstone Business Park being a replat of property currently described as
Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and being located at 500
Silicon Drive and 510 Silicon Drive. Current Zoning: 0-1 Office District. Proposed
Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood V. The applicant
requested to table this item to the February 19, 2008, City Council meeting.
Agenda Item No. 4Q. ZA07-112, Site Plan for Lot 25R2, Block 1, Woodland Heights
Addition on property located at 175 Westwood Drive. Current Zoning: 0-1 Office
District. SPIN Neighborhood #8. The applicant requested to table this item to the March
4, 2008, City Council meeting.
Agenda Item No. 4R. Ordinance No. 480-542, 1St Reading (ZA07-129), Zoning Change
and Site Plan for Southlake Villa Offices on property legally described as Tract 3, W.W.
Hall Survey. Abstract No. 687, located at 310 East Southlake Boulevard. Current
Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District.
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Page 4 of 12
SPIN Neighborhood #10. The applicant requested to table this item to the February 19,
2008, City Council meeting.
Agenda Item No. 4S. Ordinance No. 480-544, 2nd Reading (ZA07-087) Zoning Change
and Site Plan for Mendez Medical Offices on property legally described as Tract 3D3A,
W.W. Hall Survey, Abstract No. 695 and located at 918 East Southlake Boulevard.
Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan
District. SPIN Neighborhood #10. The applicant requested to table this item to the
February 19, 2008, City Council meeting.
Agenda Item No. 4T. ZA07-088, Preliminary Plat for Mendez L.T.D. on property legally
described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at 918 East
Southlake Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-1
Detailed Site Plan District and AG Agricultural District. SPIN Neighborhood #10. The
applicant requested to table this item to the February 19, 2008, City Council meeting.
Motion was made to approve consent agenda items 4A; 413; 4C; 4D; 4E; 4F subject to
funding approval by the Southlake Parks Development Corporation; 4G; 4H to appoint
Mayor Wambsganss, Deputy Mayor Pro Tern Muzyka and Councilmember Terrell to the
Audit Committee; 41; 4J; 4K; 4L; 4M; to table item 4N at the applicant's request to the
February 19, 2008, City Council meeting; to table item 40 at the applicant's request to
the February 19, 2008, City Council meeting; to table item 4P at the applicant's request
to the February 19, 2008, City Council meeting; to table item 4Q at the applicant's
request to the March 4, 2008, City Council meeting; to table item 4R at the applicant's
request to the February 19, 2008, City Council meeting; to table item 4S at the
applicant's request to the February 19, 2008, City Council meeting; and to table item 4T
at the applicant's request to the February 19, 2008, City Council meeting.
Motion: Morris
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA
Agenda Item No. 5. Public Forum. No one spoke during public forum.
Agenda Item No. 6A. Resolution No. 08-004, Urban Design Plan, an element of the
Southlake 2025 Plan, the City's Comprehensive Master Plan. Director Baker presented
this item to Council. Council discussed this item. In accordance with Section 4.21 of the
City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
ADOPTING THE URBAN DESIGN PLAN AS AN ELEMENT OF THE SOUTHLAKE
2025 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN AND TO INCLUDE A
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Page 5 of 12
PERIODIC REVIEW AND ADOPTION OF ANY AMENDMENTS AS PRESCRIBED IN
THE CHARTER OF THE CITY OF SOUTHLAKE, TEXAS.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 08-004, Urban Design Plan, an element of
the Southlake 2025 Plan, the City's Comprehensive Master Plan, specifying that the
lane widths from Village Drive to Carroll Avenue be reduced to 11 feet if possible.
Motion: Morris
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6B. Ordinance No. 480-546. 2"d Reading (ZA07-067) Zoning Change
and Site Plan for Lot 2R. Block 1, Gorbutt Addition on property being legally described
as Lot 2A. Block 1. Gorbutt Addition and being located at 1575 East Southlake
Boulevard. Current Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site
Plan District. SPIN Neighborhood #8. Planner Comstock presented this item to Council.
Applicant Terry Wilkinson from 3BMW Development, 640 West Southlake Boulevard,
Southlake, Texas, answered Council's questions. Council discussed this request. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT
2A, BLOCK 1, GORBUTT ADDITION, BEING APPROXIMATELY 1.463 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "O-1" OFFICE
DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE
DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008
Page 6 of 12
Motion was made to approve Ordinance No. 480-546, 2"d Reading (ZA07-067) Zoning
Change and Site Plan for Lot 2R, Block 1, Gorbutt Addition, as presented subject to
approval of the detention area similar to Central Market's area while leaving open the
option, depending on feasibility, of going underground with pipe and with that would add
additional berming and the appropriate number of additional trees; removing the
requirement for the fence requirement along the east side of the property contingent
upon the placement of additional screening to totally screen that side of the property;
granting the driveway spacing variance; and subject to Site Plan Review Summary No.
7, dated January 30, 2008.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No 6C. Ordinance No. 480-547, 2nd Reading (ZA07-131), Zoning Change
and Site Plan for Cantex Senior Communities on property legally described as Lots 4
and 5 and a portion of Lot 3 Block 1, Stonebridge Park Addition located at 150. 170,
and 175 Stonebridge Lane. Current Zoning: S-P-2 Generalized Site Plan District.
Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. Planner
Comstock presented this item in conjunction with item 6D. Architect Gaylon Lang made
a presentation and answered Council's questions. Council discussed this request. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS
4 & 5, AND A PORTION OF LOTS 2 & 3, BLOCK 1, STONEBRIDGE PARK ADDITION,
BEING APPROXIMATELY 5.68 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT TO
"S-P-1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
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Page 7 of 12
Richard Simmons and Craig Spaulding from Watermere, 6110 West Southlake
Boulevard, Southlake, Texas discussed their development.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480-547, 2nd Reading (ZA07-131), Zoning
Change and Site Plan for Cantex Senior Communities as presented; subject to
Council's approval on first reading; granting the requested variances of driveway
stacking, driveway spacing, and street right-of-way; and subject to Site Plan Review
Summary No. 3, dated December 28, 2007.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6D. Ordinance No. 480-548, 2nd Reading (ZA07-132), Zoning Change
and Concept Plan for Stonebridge Park on property legally described as Lot 2 and a
portion of Lot 3, Block 1, Stonebridge Park Addition, located at 155 and 175
Stonebridge Lane. Current Zoning: S-P-2 Generalized Site Plan District. Requested
Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. Planner Comstock
presented this item in conjunction with item 6C. Architect Gaylon Lang made a
presentation and answered Council's questions. In accordance with Section 4.21 of the
City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT
2 AND A PORTION OF LOT 3, BLOCK 1, STONEBRIDGE PARK ADDITION, BEING
APPROXIMATELY 2.70 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT TO
"S-P-2" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
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Page 8 of 12
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-548, 2nd Reading (ZA07-132), Zoning
Change and Concept Plan for Stonebridge Park as presented; subject to subject to
Council's approval on first reading; granting the requested variances of driveway
stacking, driveway spacing, and street right-of-way; and subject to Concept Plan
Review Summary No. 3, dated December 28, 2007.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No 6E. Resolution No. 08-007 (ZA07-173 and ZA07-174), Specific Use
Permit for tent sale and automobile sales for the purpose of holding an auction for the
sale of collectibles and automobiles for a time period not to exceed three days on
property being legally described as Lot 2 Block B and Lots 6 and 7, Block A. North
Davis Business Park and being located at 1900, 1950, and 2055 Greenwood Drive.
Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #16. Planner Comstock
presented this item to Council. Applicant Dan Spandeck from RM Auctions made a
presentation and answered Council's questions. In accordance with Section 4.21 of the
City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR AUTOMOBILE SALES AND TENT FOR
THE PURPOSE OF PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY
OF SOUTHLAKE, TEXAS, LOCATED AT 1900, 1950, 2055 GREENWOOD DRIVE,
BEING LEGALLY DESCRIBED AS LOT 2, BLOCK B, AND LOTS 6 AND 7, BLOCK A,
NORTH DAVIS BUSINESS PARK, MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN
EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
Bill Lafavers, 820 South White Chapel Boulevard, Southlake, Texas did not speak, but
submitted a blue card expressing his support of this item.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Resolution No. 08-007 (ZA07-173 and ZA07-174),
Specific Use Permit for tent sale and automobile sales for the purpose of holding an
auction for the sale of collectibles and automobiles for a time period not to exceed three
days and subject to the recommendations of the Planning and Zoning Commission.
Motion: Jones
Second: Terrell
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Page 9 of 12
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 8:36 p.m. and reconvened the regular meeting
at 8:54 p.m.
Agenda Item No. 7A. Ordinance No. 480-549. 1St Reading (ZA07-124), Zoning Change
and Site Plan for Invitation Park on property being legally described as Tracts 3B and
3131, and a portion of Tract 3D1, O.W. Knight Survey, Abstract No. 899, located at 821
and 835 East Southlake Boulevard. Current Zoning: C-3 General Commercial District
and AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #9e. Director Baker presented this item to Council. Applicant Dan
Bryson, 806 Boston Drive, Southlake, Texas and Architect Stewart Hemple from Mayse
and Associates made a presentation and answered Council's questions.
Mayor Wambsganss allowed the public to speak on this item.
Dale Clark, President of Warren Clark Development, 16250 Dallas North Parkway,
Dallas, Texas, represented Zena Rucker and spoke regarding this proposal.
Motion was made to approve Ordinance No. 480-549, 1St Reading (ZA07-124), Zoning
Change and Site Plan for Invitation Park granting the requested variances and subject
to the recommendations of the Planning and Zoning Commission; clarifying that top roof
caps are not yellow but copper in color; subject to the applicant's representations and
agreements this evening; subject to Site Plan Review Summary No. 3, dated January
11, 2008 and asking the city attorney, if necessary, to work with this applicant and the
adjoining landowner to discuss any need to include wording in Council's motion on
second reading.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss announced he was voluntarily recusing himself due to his family's
proximity and involvement relating to the next item and has filed the correct documents
with the City Secretary. Mayor Wambsganss called for a break at 9:41 p.m.
Mayor Pro Tern Morris called the meeting back to order at 9:56 p.m.
Agenda Item No. 7B. Ordinance No. 480-550, 1St Reading (ZA07-133), Zoning Change
and Development Plan for Lake Forest on property being legally described as Tract 5.
R.D. Price Survey, Abstract No. 1207, located at 3185 Southlake Park Drive. Current
Zoning: AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit
Development District. SPIN Neighborhood #3. Planner Comstock presented this item to
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Page 10 of 12
Council. Developer Tom Matthews with Four Peaks Development, 2875 Exchange,
Southlake, Texas made a presentation and answered Council's questions.
Mayor Pro Tern Morris allowed the public to speak on this item.
Robert Johnson, 1110 Harbor Retreat, Southlake, Texas, spoke in opposition.
Gale Farhat, 1060 Harbor Haven, Southlake, Texas, spoke in opposition.
Ward Flora, 880 Harbor Court, Southlake, Texas, spoke in opposition.
Mary O'Connor, 2965 Burney Lane, Southlake, Texas, spoke in opposition.
The following people registered their opposition but did not wish to speak:
Tina Johnson, 1110 Harbor Retreat, Southlake, Texas;
Hans Schroen, 2895 Burney Lane, Southlake, Texas;
John Monrad, 2905 Burney Lane, Southlake, Texas;
Jamie Galis, 885 Harbor Court, Southlake, Texas;
Ray L. Chancellor, 890 Harbor Court, Southlake, Texas;
Bernard and Barbara Fischbach, 2940 Burney Lane, Southlake, Texas; and,
Gloria Land, 2900 Burney Lane, Southlake, Texas.
The following people registered their support but did not wish to speak:
Carl Q. Fretwell, II, 2725 South Grove Street, Fort Worth, Texas;
Marylyn Miles, 445 East FM 1382, Cedar Hill, Texas; and,
David Webster George, 2980 Burney Lane, Southlake, Texas.
Mr. Matthews answered Council's questions and addressed the public's comments.
Motion was made to approve Ordinance No. 480-550, 1St Reading (ZA07-133), Zoning
Change and Development Plan for Lake Forest subject to the applicant's presentation
and regulations as presented; subject to the recommendations of the Planning and
Zoning Commission; subject to Development Plan Review Summary No. 4, dated
January 30, 2008; stating that the applicant will review the vertical footprint of various
structures including the homes and garages and will provide Council with an
understanding of what types of restrictions would be placed on those vertical structures;
stating that the sidewalk/trail depicted in the access easement will be moved to the
north side of that easement and placed on the north side of the road so that the
landscaped buffer between the road and the Fredericks' property will be increased in
size to 15 feet up until the point where it is depicted in the presentation where it narrows
as a result of the road exiting out onto the existing roadway; requiring the trail to be
constructed of crushed granite with stone; accepting the applicant's commitment to
plant cedars, if necessary, on the west side of the Fredericks' property subject to the
approval of and as directed by and agreed to by the Fredericks and to plant cedars in
the 15-foot landscaped area along the south side of the entrance road taking line-of-
sight issues into account and depending upon the wishes of the Fredericks; stating that
the applicant will consider the fence structures and will present to Council various
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008
Page 11 of 12
options for the fence structures; and stating that the applicant will review and consider
the number of lots and/or configuration of the road and/or entrance into the property as
to whether or not it could be moved to the north side of the lot giving the easement.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell
Nays: None
Approved: 6-0
Mayor Pro Tern Morris called for a break at 12:40 a.m.
Mayor Wambsganss reconvened the meeting at 12:48 a.m.
Agenda Item No. 9A. Authorize a Residential Developer Agreement with Terra Shady
Oaks, L.P. for Shady Oaks Phase IA, a 36-lot addition, located on the west side of
Shady Oaks, between West Highland Street and West Southlake Boulevard. Director
Price presented this item to Council. Developer Paul Spain answered Council's
questions.
Motion was made to approve a Residential Developer Agreement with Terra Shady
Oaks, L.P. for Shady Oaks Phase IA, a 36-lot addition, located on the west side of
Shady Oaks, between West Highland Street and West Southlake Boulevard releasing
the lots pursuant to the schedule outlined by staff.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
12:56 a.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Andy Wambsganss
Mayor
ATTEST:
Lori Payne
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2008
Page 12 of 12
c- 5-08; 4:18PM; Imo6eA vd :y/2434914 1 , ~ 3 4
Cou ct l e-h
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
ELM FORK PROJECT OFFICE
GRAPEVINE, LEWISVILLE, & RAY ROBERTS LAKES
1801 N. MILL STREET
REFI.YTO LEWISVILLE, TEXAS 75057-1821
ATTENTION OF
February 04, 2008
Elm Fork Project Office
Mrs. Lori Payne
City Secretary
City of Southlake
1400 Maine Street
Southlake, TX 76092
Dear Mrs. Payne:
This letter is in reference to the recent January 24th, 2008 meeting
between Mr. Tom Matthews, Principal with Four Peaks Development, Inc., and
Mr. Paul Nealy, Realty Specialist, Corps of Engineers, at the Elm Fork
Project Office. This meeting was in regards to Mr. Matthews's proposal
for the development of the Trails at Harbor Oaks Subdivision, in the Lake
Forest Addition, of Southlake, Texas, on flowage easement lands for
Grapevine Lake.
During the office visit Mr. Matthews provided documentation and
mapping for conceptual review. These items included a copy of the Site
Data Summary sheet which approximately identified both the Corps of
Engineers boundary fee line and the approximate location of the 572.00 msl
flowage easement contour line. This area, that the United States of
America has acquired flowage easement beyond the present day boundary for
Fee Tract C-233, is identified as flowage easement Tract C-276-E.
As discussed at the January 24th, 2008 meeting between Mr. Matthews
and Mr. Nealy, with the proper submittal of plans and documents there
doesn't appear to be a problem with Mr. Matthews obtaining approval of his
plans, to build and or place approved structures within the flowage
easement of Grapevine Lake. This includes the placement of privately
owned, individual residence, sewer systems, and roadways within the
flowage easement, at and adjacent to the Lake Forest subdivision. This
approval would be predicated on Mr. Matthews complying with all
restrictions, requirements, and possibly prior approval from local and
state agencies requirements.
Any questions or comments may be directed to Mr. Paul Nealy at the
Elm Fork Project Office, or by telephone at 469/645-9100.
Sincerely,
/~77,~- J~Vo
Brian Phelps
Acting Lake Manager
Grapevine Lake
Elm Fork Project
2- 5-08; 4:18PM; ;9724341419 # 4/ 4
Lake Forest Addition Location - City of Southlake::. t
Grapevine Lake - Elm Fork Project
l ' r
_J!
Harbor Haven
Legend.
♦ GR Monuments
GR Roads County
Flowage Easement 572
GR Boundary (Fee)
A 190 95 0 190 Feet
Consent Location
The U.S. Army Corps of Engineers has provided these spatial data as a representation of
the various geographic information gathered from multiple sources. These data should be
viewed only as a representation of the provided information and should not be used for
tttr any other purpose. No guarantee is made by the U.S. Army Corps of Engineers regarding
C the accuracy or completeness of the data or their suitability for a particular use.
C GRAPVINE LAKE N
W +E
S
6 g'
JOHN
Created: 2/4/2008 fit
SURV t' By: Paul Nealy
104-
l
CONFLICT OF IN EREST AFFIDAVIT
THE STATE OF TEXAS §
OUNTY OF TARRANT§
as a member of the d., Yro, e~i C-c 4-- of the City of Southlake,
make this affidavit and hereby on oath state the following: I; my spe(rst, person or persons related to me
within the first degree of consanguinity or affinity, have
of So
T1 ~E~ ff /DUiv.,(6 G1~ T7 AAA
The agenda item affecting this business entity or real property is: ,AJ
& Mme.
COMPLETE (A) or (B): (A) The business entity is (name); or
(B) The real property is located at:ilfz,f ~}/jsd j~i~,j0.✓
V'~ 10C
I have
Ownership of 10% or more of the voting stock or shares of the business entity.
Ownership of 10% or more or $5,000 or more of the fair market value of the business entity.
Funds received from the business entity exceed 10% of gross income for the previous year.
Hold a position of member of the board of directors or other governing board of the business entity.
Serve as an elected officer of the business entity.
An employee of the business entity.
Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00)
or more.
Property of the person has been pledged to the business entity or is subject to a lien in favor of the
business entity in the amount of five thousand dollars ($5,000.00) or more.
Have an equitable or legal ownership of real property with a fair
market value of at least $2,500.
Other:
c/ Gtiu.L G~~~/S(
Upon filing ?o ~tis a fi avit ith t e City Secretary, I affirm that will abstain from voting n any decision and
from any further participation by discussion or debate regarding the above-referenced agenda item. I also affirm that
this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in
question is being addressed or as soon as practicable once I realized a potential conflict exists.
Signed this 4,1 _6V day of , 20 O&
4
Signature of Official
ie State of Texas §
County of Tarrant § Lo r,' Pa k e,
Before me, .1 Al-I on this day personally appeared
G( oL n1(0S eZ ki known tome (or proved to me on the oath of or through
(de ription of identity card or other document) to be the person whose name is subscribed to the
foregoing instrument and, after first being by me duly sworn, stated that the statements made in this affidavit are within
his personal knowledge and are true and correct. r
Given under my hand and seal of office this 45 day of _ F;P6r V q r 2W5
.
(SEAL)
ptll❑IIIIInI//N/y
(il PAY
PG' .F
o P ee Notary Public in a for the State of Texas
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