2007-11-20 CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 20, 2007
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris,
Deputy Mayor Pro Tem Virginia M. Muzyka, and Councilmembers Laura K. Hill, Gregory
Jones (arrived at 6:20 p.m.), Vernon Stansell (arrived at 6:59 p.m. and left at 8:56 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, Director of Community Services Steve Polasek, Deputy Director of Community Services
Kerry McGeath, Economic Development Specialist Stefanie Wagoner, Director of Finance
Sharen Jackson, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby,
Director of Planning and Development Services Ken Baker, Deputy Director of Planning and
Development Services Dennis Killough, Director of Public Works Robert H. Price, Deputy
Director of Public Works Gordon Mayer, City Attorney E. Allen Taylor, 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 5:11 p.m. in Town Hall Training Rooms #3a and #3b.
Agenda Item No. 2. Invocation. Chaplain of the Month, Linda Pallone, gave the invocation.
Agenda Item No. 3A.Ordinance No. 480 -RRR, Amending the Comprehensive Zoning Ordinance
No. 480, as amended, as it pertains to oil and gas drilling and production;
Agenda Item No. 3B. Amendment to the City's Master Comprehensive Plan as it pertains to oil
and gas drilling production, oil and gas production pad sites and natural resource extraction
activities; and,
Agenda Item No. 3C. Ordinance No. 880 -A, Amending Section 9.5, Article IV, of the Southlake
City Code regarding oil and gas well drilling and production. Director Baker led a discussion
pertaining to oil and gas drilling regulations. He presented information regarding a recent trip he
and Mayor Pro Tem Morris made to the City of Burleson to meet with their city staff regarding
their current drilling regulations and to visit some drilling sites. Council discussed items 3A, 3B,
and 3C.
Mayor Wambsganss called for a break at 5:45 p.m. and announced the remainder of the Work
Session would be held in the Council Chambers.
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Mayor Wambsganss reconvened the work session at 5:55 p.m. in the Council Chambers.
Agenda Item No. 4. Discuss all consent agenda items on tonight's meeting agenda. Mayor
Wambsganss announced that Items 4K and 4L were removed from the consent agenda and will
be heard on the regular agenda due to some existing questions from Councilmembers. The
following items were added to the consent agenda to table: Item 7A to table to the December 4,
2007 City Council meeting and Item 9D to table to the December 4, 2007 City Council meeting.
The work session ended at 5:59 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, and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 5:59 p.m. Executive Session began
at 6:36 p.m. and ended at 6:59 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:12
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. 3A1. Special presentation to State Representative Vicki Truitt. Mayor
Wambsganss made a special presentation to State Representative Vicki Truitt and thanked her
for her vigorous service on behalf of Southlake and the community.
Agenda Item No. 3A2. Salvation Army 2007 Red Kettle Campaign. Mayor Wambsganss
introduced Captain Roman Leal who gave a presentation on the Salvation Army's 2007 Red
Kettle Campaign.
Agenda Item No. 3B1. FY2008 Ordinance Priority Schedule. City Manager Yelverton presented
this item to Council.
Agenda Item No. 3C. Local Business Report. Economic Development Specialist Wagoner
introduced Mike Powell who introduced his business, Noble Roman's Pizza and Tuscano's Subs,
to Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
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Agenda Item No. 4A. Approve the minutes from the November 6, 2007, regular City Council
meeting. There was not a presentation made on this item.
Agenda Item No. 4B. Resolution No. 07 -061, Support a nominee to the Tarrant County
Appraisal District Board of Directors. City Council supported John T. Eubanks for the Tarrant
County Appraisal District Board of Directors. 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,
CASTING ITS VOTES TO THE TARRANT APPRAISAL DISTRICT BOARD OF
DIRECTORS; AND PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 4C. Resolution No. 07 -062, Appoint members to the SPIN Standing
Committee. City Council appointed Alan Hochstein to SPIN #3, Jan Francis to SPIN #5, Eric
Wang to SPIN #7, Ray Tremain to SPIN #9E, Jim Jeppe to SPIN #9W, Bob Gray to SPIN #11,
Mike Terry to SPIN #13 and Tom Corradino to SPIN #15 to the SPIN Standing 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 COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
PROVIDING FOR THE APPOINTMENT OF NEIGHBORHOOD REPRESENTATIVES TO
THE STANDING COMMITTEE OF THE SOUTHLAKE PROGRAM FOR THE
INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 4D. This item was intentionally left blank.
Agenda Item No. 4E. Approve the use of FY 2008 and previously budgeted funds for repair of
concrete paving and the placement of sidewalks /trails through the use of an inter -local agreement
with the City of Grapevine. A presentation was not made on this item.
Agenda Item No. 4F. Approve an inter -local agreement with Tarrant County for the pavement
construction services providing for an overlay of South Peytonville Avenue and the
pavement rehabilitation of a portion of Dove Road between White Chapel Boulevard and Carroll
Avenue. A presentation was not made on this item.
Agenda Item No. 4G. Ordinance No. 920, 1 Reading, Adopt an ordinance to dedicate street
right -of -way from City owned property at the northeast corner of Dove Road and North White
Chapel Boulevard for the purpose of constructing intersection improvements. A presentation was
not made on this item.
Agenda Item No. 4H. Ordinance No. 921, 1 Reading, Adopt an ordinance to dedicate street
right -of -way from City owned property at the southeast corner of Dove Road and North White
Chapel Boulevard for the purpose of constructing intersection improvements. A presentation was
not made on this item.
Agenda Item No. 4I. Ordinance No. 480 -538, 1 Reading (ZA07 -121), Zoning Change and Site
Plan for Royal and Annie Smith Park on property legally described as Tract 1, J.G. Allen Survey,
Abstract No. 18 and located at 3045 Johnson Road. Current Zoning: AG Agricultural District.
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Requested Zoning: CS Community Service District. SPIN Neighborhood #15. This item was
tabled to the December 4, 2007, City Council meeting.
Agenda Item No. 4J. Ordinance No. 480 -539, 1 Reading (ZA07 -122), Zoning Change and Site
Plan for Liberty Park at Sheltonwood on property legally described as Tract 1C01A and a
portion of Tract 1A, J.W. Chivers Survey, Abstract No. 350 and located at 570 East Dove Road
and 590 East Dove Road. Current Zoning: SF -1A Single Family Residential District. Requested
Zoning: CS Community Service District. SPIN Neighborhood #3. This item was tabled to the
December 4, 2007, City Council meeting.
Agenda Items No. 4K and 4L were removed from Consent Agenda and considered during the
Regular Agenda.
Agenda Item No. 4M. ZA07 -140, Plat Revision for Lot 3R, H. Granberry No. 581 Addition.,
being a replat of property currently described as Lot 3, H. Granberry No. 581 Addition and
located at 410 South White Chapel Boulevard. Current Zoning: SF -1A Single Family Residential
District. SPIN Neighborhood #14. A presentation was not made on this item.
Agenda Item No. 4N. Ordinance No. 480 -536, 2 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 #7. This item was
tabled and the public hearing continued to the December 4, 2007, City Council meeting.
Agenda Item No. 40. ZA07 -114, Site Plan for Peloton Southlake Office Building, on property
legally described as a portion of Tracts 1, 1A1, and 1E, R. Eads Survey, Abstract No. 481 and
located in the 1200 block of East State Highway 114 between North Carroll Avenue and North
Kimball Avenue on the proposed Grace Lane. Current Zoning: NR -PUD Non - Residential
Planned Unit Development District. SPIN Neighborhood #6. This item was tabled and the public
hearing continued to the December 18, 2007, City Council meeting
Agenda Item No. 4P. Resolution No. 07 -063 (ZA07 -142) Specific Use Permit for multi -level
parking garage on property legally described as a portion of Tracts 1 and 1A1, Richard Eads
Survey, Abstract No. 481, also known as Lot 1, Block 4, Gateway Church - 114 Campus
Addition and located on the north side of State Highway 114 at 1200 East State Highway 114
between North Carroll Avenue and North Kimball Avenue. Current Zoning: NR -PUD Non -
Residential Planned Unit Development District. SPIN Neighborhood #6. This item was tabled
and the public hearing continued to the December 18, 2007, City Council meeting.
Agenda Item No. 7A. Ordinance No. 480 -492, 1 Reading (ZA06 -045), Zoning Change for a
portion of Lot 1, Block 1, Arnold Estates. The property is situated at 1275 Shady Oaks Drive
with access through 520 West Highland Street. Current Zoning: RE Single Family Residential
Estate District. Requested Zoning: SF -1A Single Family Residential District. SPIN
Neighborhood #11. This item was tabled to the December 4, 2007, City Council meeting.
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Agenda Item No. 9D. Consider SP07 -320, Variance to Sign Ordinance No. 704 -C for Cristina's
Fine Mexican Restaurant located at 2707 East Southlake Boulevard, Suite 100. This item was
tabled to the December 4, 2007, City Council meeting.
Motion was made to approve consent agenda items 4A; 4B to nominate John T. Eubanks for the
Tarrant County Appraisal District Board of Directors; 4C to appoint Alan Hochstein to SPIN #3,
Jan Francis to SPIN #5, Eric Wang to SPIN #7, Ray Tremain to SPIN #9E, Jim Jeppe to SPIN
#9W, Bob Gray to SPIN #11, Mike Terry to SPIN #13 and Tom Corradino to SPIN #15; 4E; 4F;
4G; 4H; to table 4I to the December 4, 2007, City Council meeting; to table 4J to the December
4, 2007, City Council meeting; 4M subject to Plat Review Summary No. 2, dated November 2,
2007; to table 4N and continue the public hearing to the December 4, 2007, City Council
meeting; to table 40 and continue the public hearing to the December 18, 2007, City Council
meeting; to table 4P and continue the public hearing to the December 18, 2007, City Council
meeting; to table 7A to the December 4, 2007, City Council meeting; and to table 9D to the
December 4, 2007, City Council meeting.
Motion: Terrell
Second: Morris
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.
Mayor Wambsganss announced Council would consider Agenda Items No. 9A and 9B next.
Agenda Item No. 9A. Consider SP07 -232, Variance to Sign Ordinance No. 704 -C for Petsmart
located at 200 Village Center Drive. Director Baker presented this item to Council. The applicant
was not present to answer questions. Council discussed this request.
Motion was made to approve SP07 -232, Variance to Sign Ordinance No. 704 -C for Petsmart
located at 200 Village Center Drive approving the custom halo affect signage with the red plus
blue coloring on "Petsmart" and the blue coloring on "Petshotel."
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 9B. Consider SP07 -347, Variance to the Southlake Town Square, Block 22,
Master Sign Plan for Which Wich located at 1516 East Southlake Boulevard. Director Baker
presented this item to Council. Applicant Mark Flores, 1516 Southlake Boulevard, Southlake,
Texas, made a presentation and answered Council's questions. Council discussed this item.
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Motion was made to deny SP07 -347, Variance to the Southlake Town Square, Block 22, Master
Sign Plan for Which Wich located at 1516 East Southlake Boulevard.
Motion: Stansell
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Vote: 7 -0 (to deny)
Agenda Item No. 6A. Ordinance No. 919, 2 Reading, Providing for the taxation of goods -in-
transit exempt under section 11.253 of the tax code; providing a repealer clause; providing a
severability clause; and declaring an emergency. Director Jackson presented this item to Council.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE
TAXATION OF GOODS -IN- TRANSIT EXEMPT UNDER SECTION 11.253 OF THE TEXAS
TAX CODE; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR SAID ORDINANCE TO TAKE IMMEDIATE EFFECT.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 919, 2nd Reading, Providing for the taxation of
goods -in- transit exempt under section 11.253 of the tax code; providing a repealer clause;
providing a severability clause; declaring an emergency; and continuing taxing super freeport
goods for tax year 2008.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 6B. Ordinance No. 480 -534, 2nd Reading (ZA07 -063), Zoning Change and
Development Plan for Winfield Estates on property being legally described as Tracts 1, 1 C, 1C1,
A.H. Chivers Survey, Abstract No. 299 and being located at 2210 North Carroll Avenue, 1155
East Dove Road, and 1107 East Dove Road. Current Zoning: C -2 Local Retail Commercial
District and AG Agricultural District. Requested Zoning: R -PUD Residential Planned Unit
Development. SPIN Neighborhood #5. Deputy Director Killough presented this item to Council.
Applicant David Wilcox, representing Roscoe Construction, 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
TRACTS 1, 1C, & 1C1, SITUATED IN THE A.H. CHIVERS SURVEY, ABSTRACT NO. 299,
BEING APPROXIMATELY 9.14 ACRES, AND MORE FULLY AND COMPLETELY
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DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "C -2"
LOCAL RETAIL COMMERCIAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT WITH "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT
USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING "PUD"
DEVELOPMENT STANDARDS, 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 the public hearing.
Motion was made to approve Ordinance No. 480 -534, 2 Reading (ZA07 -063), Zoning Change
and Development Plan for Winfield Estates subject to City Council's motion on first reading;
subject to applicant's presentation this evening; requiring the garages on the first two building
lots at the entrance of Street `B' off of North Carroll Avenue to be on the west side of those
houses; requiring the applicant to make sewer available on the northwest corner of the site
subject to city staff approval and engineering review; requiring the fence on the south side of the
subdivision to wrap around at Carroll Avenue extending 45 feet with wrought iron and then
being a cedar fence capped on both sides; requiring the applicant to remain in control of the
Homeowners Association until 85% of the homes are occupied; and subject to Development Plan
Review Summary No. 6, dated November 14, 2007.
Motion: Terrell
Second: Jones
Staff and Council continued a discussion to clarify the meaning of front entry garages. Council
discussed with staff which garages would be acceptable and which would not. Ultimately,
Council agreed that the first picture shown to them by the applicant tonight is okay and the
remainder of the pictures are generally not acceptable.
Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7 -0
Mayor Wambsganss called for a break at 8:56 p.m. Councilmember Stansell left the meeting
during the break.
Mayor Wambsganss reconvened the meeting at 9:17 p.m. Mayor Wambsganss announced
Council would hear item 9C next.
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Agenda Item No. 9C. Consider SP07 -396, Variance to Sign Ordinance No. 704 -C for Modia
Home Theater Store located at 3030 East Southlake Boulevard. Director Baker presented this
item to Council. Applicant Dave Gale from Diamond Signs, Inc., 14035 Distribution Lane,
Farmers Branch, Texas, made a presentation and answered Council's questions.
Motion was made to approve SP07 -396, Variance to Sign Ordinance No. 704 -C for Modia Home
Theater Store located at 3030 East Southlake Boulevard as presented.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6C. Ordinance No. 480 -535, 2 Reading (ZA07 -108), Zoning Change and
Concept Plan/Site Plan for Calloway's Nursery on property being legally described as Lots 12 -
14, O.W. Knight No. 899 Addition and located at 100 Parkwood Drive, 200 Parkwood Drive,
and 300 Parkwood Drive. Current Zoning: S -P -2 Generalized Site Plan District. Requested
Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #9w. Deputy Director
Killough presented this item to Council in conjunction with item 6D. Applicant John Cosby
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 LOTS
12, 13, & 14, O.W. KNIGHT, NO. 899 ADDITION, BEING APPROXIMATELY 6.14 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2"
GENERALIZED SITE PLAN DISTRICT TO "S -P -2" GENERALIZED SITE PLAN
DISTRICT WITH "0-1" OFFICE DISTRICT USES TO INCLUDE `RETAIL NURSERY' AS
A PERMITTED USE ON PROPOSED LOT 12R, AS DEPICTED ON THE APPROVED
CONCEPT 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 the public hearing.
Motion was made to approve Ordinance No. 480 -535, 2nd Reading (ZA07 -108), Zoning Change
and Concept Plan/Site Plan for Calloway's Nursery subject to City Council's approval on first
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reading; subject to the recommendations of the Planning and Zoning Commission; noting that no
bagged goods will be visible from the roadway; requiring that all of the pergolas will be as
shown on pergola #2 this evening being: 54 posts with covered cedar, 18 metal posts painted to
match the cedar posts, the four corners of each pergola will be stacked stone with the other
exterior posts being stacked stone at the base and as shown on the picture with cedar -cased metal
posts above; requiring the shed posts in the back to be painted; approving the variance request;
and subject to Site Plan Review Summary No. 3, dated November 14, 2007.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6D. ZA07 -109, Plat Revision for Lots 12R and 13R, O.W. Knight No. 899
Addition on property being legally described as Lots 12 - 14, O.W. Knight No. 899 Addition and
located at 100 Parkwood Drive, 200 Parkwood Drive, and 300 Parkwood Drive. Current Zoning:
S -P -2 Generalized Site Plan District. Proposed Zoning: S -P -2 Generalized Site Plan District.
SPIN Neighborhood #9w. Deputy Director Killough presented this item to Council in
conjunction with item 6C. Applicant John Cosby made a presentation and answered Council's
questions.
Motion was made to approve ZA07 -109, Plat Revision for Lots 12R and 13R, O.W. Knight No.
899 Addition subject to Plat Review Summary No. 1, dated October 12, 2007.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6E. Ordinance No. 480 -471a, 2 Reading (ZA07 -138), Zoning Change and
Site Plan for Commerce Business Park on property being legally described as Lots 2 and 3,
Block A, Commerce Business Park and located at 275 Commerce Street and 325 Commerce
Street. Current Zoning: S -P -1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site
Plan District. SPIN Neighborhood #7. Deputy Director Killough presented this item to Council.
Applicant Scott Ratliff, 5950 Park Vista Circle, Keller, Texas, made a presentation and answered
Council's questions. Property owner Ricky Pack of Stephenville, Texas, 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 LOTS
2 & 3, BLOCK A, COMMERCE BUSINESS PARK; AND BEING APPROXIMATELY 4.26
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"S -P -1" DETAILED SITE PLAN DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT
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WITH "I -1" LIGHT INDUSTRIAL USES AND TO INCLUDE LIMITED RETAIL 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 the public hearing.
Motion was made to approve Ordinance No. 480 -471a, 2 Reading (ZA07 -138), Zoning Change
and Site Plan for Commerce Business Park, noting that the applicant will dedicate right -of -way
for the sidewalks and will agree to construct the sidewalks within six months of a request from
the city; and subject to the applicant coming back for separate approvals for any signage and
awnings on the front of the building.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6F. ZA07 -141, Revised Site Plan for Southlake Church of Christ on property
legally described as Lot 1R1, Brock Addition and located at 2417 West Southlake Boulevard.
Current Zoning: CS Community Service District. SPIN Neighborhood #15. Deputy Director
Killough presented this item to Council. Applicant Doug Allison, 2501 West Southlake
Boulevard, Southlake, Texas, presented this item to Council and answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA07 -141, Revised Site Plan for Southlake Church of Christ
noting that the applicant will dedicate right -of -way for the sidewalks and will agree to construct
the sidewalks within six months of a request from the city; and granting the requested variances
as presented.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Mayor Wambsganss announced Council would hear items 4K and 4L next.
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Agenda Item No. 4K. Ordinance No. 480 -540, 1 Reading (ZA07 -143), Zoning Change and
Concept Plan for 2050 North Shady Oaks Drive on property legally described as Lot D1, Block
1, Old Orchard Country Estates and located at 2050 Shady Oaks Drive. Current Zoning: SF -1A
Single Family Residential District. Requested Zoning: SF -2 Single Family Residential District.
SPIN Neighborhood #11. Deputy Director Killough presented this item to Council.
Motion was made to approve Ordinance No. 480 -540, 1 Reading (ZA07 -143), Zoning Change
and Concept Plan for 2050 North Shady Oaks Drive subject to the staff report as presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 4L. ZA07 -127, Plat Revision for Lots 2R1 and 2R2, Block 1, Cedar Oaks
Estates, being a replat of property currently described as Lot 2, Block 1, Cedar Oaks Estates and
located at 2001 Morgan Road. Current Zoning: SF -1A Single Family Residential District. SPIN
Neighborhood #12. Deputy Director Killough presented this item to Council. Applicant Dean
Decabat, 1209 Tinker Road, Colleyville, Texas, presented this item to Council and answered
their questions.
Motion was made to approve ZA07 -127, Plat Revision for Lots 2R1 and 2R2, Block 1, Cedar
Oaks Estates, subject to Plat Review Summary No. 2, dated November 2, 2007.
Motion: Terrell
Second: Jones
Ayes: Jones, Muzyka, Terrell, Wambsganss
Nays: Hill, Morris
Approved: 4 -2
Mayor Wambsganss called for a break at 10:47 p.m. and reconvened the meeting at 11:02 p.m.
Agenda Item No. 7B. Ordinance No. 480 -537, 1 Reading (ZA07 -106), Zoning Change, Concept
Plan /Site Plan for Kimball Lake Office Park on property legally described as Tract 3B, T.
Mahan Survey, Abstract No. 1049 and located at 600 North Kimball Avenue. Current Zoning:
AG Agricultural District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN
Neighborhood #6. Deputy Director Killough presented this item to Council. Applicant Curtis
Young of the Sage Group, 1130 North Carroll Avenue, Southlake, Texas, made a presentation
and answered Council's questions. Council discussed this request.
Motion was made to approve Ordinance No. 480 -537, 1 Reading (ZA07 -106), Zoning Change,
Concept Plan /Site Plan for Kimball Lake Office Park, subject to the recommendations of the
Planning and Zoning Commission; specifically granting the requested variances for the driveway
stacking, driveway spacing, and street frontage; noting that the approval of the variance for
driveway spacing is subject to the driveway of the house being removed at the time of
construction; subject to applicant's representations concerning the elevations of the buildings
that the backs of the buildings will be similar to the fronts; applicant will come back with a
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different plan showing the relocation of the southern building to a Kimball Avenue frontage to
see how that would work; applicant to bring back the lettering, color, and font of the proposed
monument signs and a view from the roadway showing the landscaping as well; providing a
landscape plan at second reading which shows a side view of the landscaping; noting applicant's
agreement to require all trees to be a minimum of four inch caliper canopy trees; and subject to
Site Plan Review Summary No. 3, dated November 2, 2007.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 6G. Ordinance No. 585 -D, 2 Reading, Amendment to the City of Southlake's
Tree Preservation Ordinance No. 585. Director Baker presented this item to Council. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE 585, AS
AMENDED, WHICH ESTABLISHES THE REGULATIONS FOR THE PRESERVATION OF
TREES; PROVIDING FOR THE PURPOSE AND INTENT; PROVIDING FOR
DEFINITIONS; REQUIRING A TREE PERMIT TO ALTER A PROTECTED TREE;
PROVIDING TREE PRESERVATION CRITERIA AND REVIEW PROCESSES FOR TREE
CONSERVATION ANALYSES, TREE CONSERVATION PLANS, AND TREE PERMITS;
AMENDING THE TREE PROTECTION AND REPLACEMENT REQUIREMENTS;
PROVIDING TREE PLANTING AND TREE REMOVAL STANDARDS; PROVIDING FOR
ENFORCEMENT PROCEDURES AND CIVIL AND CRIMINAL PENALTIES FOR
VIOLATIONS; PROVIDING A PROCESS FOR APPEALS AND VARIANCES; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 585 -D, 2 Reading, Amendment to the City of
Southlake's Tree Preservation Ordinance No. 585.
Motion: Morris
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6 -0
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Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 12:01 a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Andy Wambsganss
%%%%%%1111 /114%%% Mayor
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Lori Payne °
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