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2007-06-05 AmQ~~ CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: JUNE 5, 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, Vernon Stansell, and John Terrell (arrived at 5:41 p.m.). CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank, Manager of Information Services Gary Gregg, Information Systems Technician Sam Cobb, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Deputy Director of Community Services - Library Kerry McGeath, Director of Economic Development Greg Last, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Planning and Development Services Ken Baker, Chief Planner Dennis Killough, Chief Planner Jayashree Narayana, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayor, Public Works Operations Manager Chuck Kendrick, Municipal Judge Carol Montgomery, 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 5:22 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month Rolla Goodyear gave the invocation. Mayor Wambsganss led the Pledge of Allegiance. Agenda Item No. 3. Update on logo development project. Director Last presented this item to Council. Brad Bishop and Mike Thurman from Torch Creative introduced themselves to Council. Agenda Item No. 4. Discuss all items on tonight's meeting agenda. City Council reviewed the consent agenda items with city staff. Items 9A and 9B were added to the consent agenda. The work session ended at 6:20 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:20 p.m. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page I of 12 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 the city attorney, Section 551.072, deliberation regarding real property, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:20 p.m. Executive Session began at 6:40 p.m. and ended at 7:43 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:51 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. 3AL Proclamation to local spring board diver, Brittany Wang, 1St place winner at the USA West National Championship Dive Meet. Mayor Wambsganss presented the proclamation to Brittany Wang. Agenda Item No. 3B. City Manager's Report. No report was 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 the minutes from the May 15, 2007, regular City Council meeting and the joint City Council and Planning and Zoning Commission urban design work session on May 23, 2007. A presentation was not made on this item. Agenda Item No. 4B. Excuse a member of the City Council and a member of the Planning and Zoning Commission for meeting absences. Councilmember Vernon Stansell was absent from the May 15, 2007, City Council meeting and Commissioner Michael Springer was absent from the May. 17, 2007, Planning and Zoning Commission meeting. Agenda Item No. 4C. Resolution No. 07-023, Appoint a Mayor Pro Tern and a Deputy Mayor Pro Tem. 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, APPOINTING A MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM PURSUANT TO ARTICLE 2.07 OF THE HOME RULE CHARTER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss appointed Carolyn Morris as Mayor Pro Tem and Virginia M. Muzyka as Deputy Mayor Pro Tem. Agenda Item No. 4D. Resolution No. 07-027, Appoint four members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Southlake, Texas. A REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 2 of 12 presentation was not made on 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 OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE DATE. Council appointed Councilmembers Terrell, Muzyka, and Jones and Carroll Independent School District board member Sherrie Williams to the board. Agenda Item No. 4E. Resolution No. 07-029, Grant approval to the Tarrant County Housing Finance Corporation for the use of the proceeds of its series 2007 single family mortgage revenue bonds to finance home mortgages for single family homes located within the City. A presentation was not made on 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 OF SOUTHLAKE, TEXAS, GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2007 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY. Agenda Item No. 4F. Approve an interlocal agreement with North Central Texas Council of Governments (NCTCOG) for cooperative purchasing for on-line recruiting A presentation was not made on this item. Agenda Item No. 4G. Approve the appointment of Jim C. Blagg as Assistant City Manager/Director of Public Safety for the City of Southlake. City Manager Yelverton presented this item to Council during the work session. Agenda Item No. 4H. Approve interlocal agreement with Carroll Independent School District for the use of Carroll Intermediate School as the interim DPS facility. A presentation was not made on this item. Assistant City Manager Blagg asked Council to also include in their motion that the City will provide proof of insurance to the school board. Agenda Item No. 41. Award bid to Cardinal Tracking, Inc., for paperless citation system in the amount of $42,647. A presentation was not made on this item. Agenda Item No. 4J. Approve an agreement with Premier Chemicals, L.L.C., to provide odor control treatment at lift stations. A presentation was not made on this item. Agenda Item No. 4K. Approve expenditure of 2006 Pavement Management Application funds to repair Silverwood Circle located in the Highlands section of the Timarron Addition in an amount not to exceed $125,000, utilizing existing interlocal agreements. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, JUNE S, 2007 Page 3 of 12 Agenda Item No. 4L. This item intentionally left blank. Agenda Item No. 4M. Approve an interlocal purchasing contract with Tarrant County. A presentation was not made on this item. Agenda Item No. 4N. Approve a Revised Water Purchase Contract between the Cities of Southlake, Fort Worth, and Keller. A presentation was not made on this item. Agenda Item No. 40. Resolution No. 07-028, Authorize expenditure of budgeted funds for repair of paving infrastructure through the use of an interlocal agreement with the City of Grapevine. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION AUTHORIZING THE EXPENDITURE OF BUDGETED FUNDS FOR THE REPAIR OF STREETS, SIDEWALKS, AND OTHER CONCRETE STRUCTURES THROUGH THE USE OF AN INTERLOCAL AGREEMENT CONTRACT. Agenda Item No. 4P. Consider final approval for an amendment to the Shops of Southlake Conditional Sign Permit to allow decorative sign panels for Cherish, located at 1431 East Southlake Boulevard, Suite 501. A presentation was not made on this item. Agenda Item No. 40. Consider final approval for an amendment to the Shops of Southlake Conditional Sign Permit to allow vertical banners for Central Market, located at 1425 East Southlake Boulevard. A presentation was not made on this item. Agenda Item No. 4R. Resolution No. 07-026, Supporting the Rest and Recuperation Program at DFW International Airport offering sincere thanks, appreciation and gratitude to all men an women in uniform for a job well done. Mayor Wambsganss and Councilmembers Terrell and Hill presented this item during the work session. The public can call phone number 972-574- 0392 each evening after 8:30 p.m. to receive information about incoming flights. Councilmember Terrell read a statement of thanks from the Operations Officer at DFW Airport. Agenda Item No. 4S. Ordinance No. 480-512, 2nd ReadingL(ZA06-189), Zoning Change and Site Plan for proposed Southlake Design Center, located at 280 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. The applicant has requested to table this item until the June 19, 2007, City Council meeting. Agenda Item No. 4T. Ordinance No. 480-LLL, 2nd Reading, An Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the "SF- 2" Single Family Residential Zoning District. Staff is tabling this item until the June 19, 2007, City Council meeting. Agenda Item No. 4U. 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 REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 4 of 12 Estate District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #11. This item is tabled until the June 19, 2007, City Council meeting. Agenda Item No. 4V. Ordinance No. 480-521, 1" Reading (ZA07-005), Zoning Change and Site Plan for Chapel Crossing Shopping Center, located at 245 West State Highway 114 and 200 Countryside Court. Current Zoning: AG Agricultural District and C-1 Neighborhood Commercial District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #11. The applicant has requested to table this item until the July 17, 2007, City Council meeting. Agenda Item No. 9A. Consider SP07-127, Variance to Sign Ordinance No. 704-C for Pavilion Plaza, Players Circle, located at 1959 West Southlake Boulevard. Director Baker presented this item to Council during the work session. Applicant F.C. LeVrier with Suncoast Architects answered Council's questions on this item. Agenda Item No. 9B. Award bids for Bob Jones Nature Center Improvements to: 1) SPSD in the amount of $383,611 for site work and alternate #2; and, 2) to Scobilt Contractors in the amount of $477,000 for building construction, with project contingency funding ($41,389 or 4.8%) for a total amount not to exceed $902,000, effectively amending the SPDC CIP budget in the amount of $350,000. Director Polasek presented this item to Council during the work session. Motion was made to approve consent agenda items 4A; 4B; 4C to appoint Carolyn Morris as Mayor Pro Tem and Virginia M. Muzyka as Deputy Mayor Pro Tem.; 4D to appoint Councilmembers Terrell, Muzyka, and Jones and Carroll Independent School District board member Sherrie Williams to the board; 4E; 4F; 4G; 411; 41; 4J; 4K; 4M; 4N; 40; 4P; 4Q; 4R; 4S; 4T; 4U; 4V; 9A to approve the variance as presented with the following amendments: the landscape plan will be as presented this evening, to allow a maximum of five signs to be placed as shown with only one line of text allowed per sign, stipulating that only text is allowed with no logos or pictures, 14-inch maximum sign lettering, each sign will have the same font as the front sign with all lettering on the back of the building to be black in color, the sign labeled "Scuba" cannot be placed on the back of the building until the Scuba sign on the interior of the building is no longer visible from the outside of the store; and 9B as approved by the Southlake Parks Development Corporation earlier this evening. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke. Agenda Item No. 6A. Ordinance No. 480-522, 2nd Reading (ZA07-015), Zoning Change and Site Plan for White Chapel Office Park, Phase II on property legally described as Lot 1, Block B, Ravenaux Village Addition and being located at 201 Countryside Court. Current Zoning: 0-1 REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 5 of 12 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. Chief Planner Narayana presented this item to Council in conjunction with item 6B. Applicant Brian Tucker of Cheatham and Associates, 2233 Avenue J, Suite 103, Arlington, Texas, 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 1, BLOCK B, RAVENEAUX VILLAGE ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "O-1" OFFICE DISTRICT TO "S-P- 1" WITH "0-1" DISTRICT USES DETAILED SITE PLAN DISTRICT, 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. 480-522, 2°d Reading (ZA07-015), Zoning Change and Site Plan for White Chapel Office Park, Phase II, noting that the applicant will put in a three foot berm added to the area between Building 4 and White Chapel Boulevard, will remove the four covered parking spaces along the east side of Building 3, subject to the recommendations of the Planning and Zoning Commission, and subject to Site Plan Review Summary No. 5, dated May 30, 2007. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6B. ZA07-016, Plat Revision for Lots I RI - l R5, Block B, Ravenaux Village Addition, being a replat of property currently described as Lot 1, Block B, Ravenaux Village Addition and being located at 201 Countryside Court. Current Zoning: 0-1 Office District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. Chief Planner Narayana presented this item to Council in conjunction with item 6A. Applicant Brian Tucker of Cheatham and Associates, 2233 Avenue J, Suite 103, Arlington, Texas, made a presentation and answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, JUNE S, 2007 Page 6 of 12 Motion was made to approve ZA07-016, Plat Revision for Lots 1R1 - 1R5, Block B, Ravenaux Village Addition, subject to the recommendations of the Planning and Zoning Commission and Plat Review Summary No. 3, dated April 27, 2007. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss stated that agenda items 6D, 6E, and 6F will be considered next. Agenda Item No. 6D. Ordinance No. 480-524, 2nd ReadingL(ZA07-036), Zoning Change for Lot 15, H. Granberry No. 581 Addition on property being legally described as Tract 5C1 and 5D, H. Granberry Survey, Abstract No. 581 and being located at 921 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: RE Single Family Residential Estate District. SPIN Neighborhood #9w. Chief Planner Narayana 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 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 5C1 AND 51), SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING APPROXIMATELY 5.932 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT, 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. 480-524, 2°d Reading (ZA07-036), Zoning Change for Lot 15, H. Granberry No. 581 Addition, as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, JUNE S, 2007 Page 7 of 12 Agenda Item No. 6E. Ordinance No. 480-525, 2"d Reading (ZA07-041), Zoning Change and Concept Plan for Lot 1R1, R.P. Estes Subdivision on property being legally described as a portion of Tract 1, R.P. Estes Addition and being located at 940 West Dove Road. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #11. Chief Planner Narayana presented this item to Council in conjunction with item 6F. 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 A PORTION OF LOT 1, R.P. ESTES ADDITION SITUATED IN THE T. MANN SURVEY, ABSTRACT NO. 1107, BEING APPROXIMATELY 4.97 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-IA" SINGLE FAMILY RESIDENTIAL DISTRICT, 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. w Motion was made to approve Ordinance No. 480-525, 2"d Reading (ZA07-041), Zoning Change and Concept Plan for Lot 1R1, R.P. Estes Subdivision, subject to the recommendations of the rt Planning and Zoning Commission and Concept Plan Review Summary No. 2, dated April 27, 2007. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6F. ZA07-042, Plat Revision for Lot 1R1, R.P. Estes Addition, being a replat of property currently described as Tract 1, R.P. Estes Addition and being located at 940 West Dove Road. Current Zoning: AG Agricultural District. Proposed Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #11. Chief Planner Narayana presented this item to Council in conjunction item 6E. REGULAR CITY COUNCIL MEETING MINUTES, JUNE S, 2007 Page 8 of 12 Motion was made to approve ZA07-042, Plat Revision for Lot 1R1, R.P. Estes Addition, being a replat of property currently described as Tract 1, R.P. Estes Addition, subject to Plat Review Summary No. 2, dated April 27, 2007. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6C. Ordinance No. 480-523, 2°d Reading (ZA07-018), Zoning Change and Development Plan for Tealwood on property being legally described as Tract 2F01, J.N. Gibson Survey, Abstract No. 591, and located at 1589 East Continental Boulevard. Current Zoning: I-1 Light Industrial District. Requested Zoning: TZD Transition Zoning District. SPIN Neighborhood #7. Director Baker presented this item to Council. Applicant Tom Matthews of Four Peaks Development 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 TRACT 2F01, J.N. GIBSON SURVEY, ABSTRACT NO. 591, AND BEING APPROXIMATELY 5.15 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I-1" LIGHT INDUSTRIAL DISTRICT TO "TZD" TRANSITION ZONING DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT 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 and read through the comment cards of those who did not wish to speak but wanted to record their opposition: Dwayne and Julie Dixon, 905 Westminster Way, Southlake, Texas; Latricia Earley, 1906 Amesbury Court, Southlake, Texas; Tamara Furgal, 909 Westminster Way, Southlake, Texas; Bill Gleim, 1905 Amesbury Court, Southlake, Texas; Glenn Holland, 2804 Brookshire Drive, Southlake, Texas; Dean and Margaret Kim, 1923 White Oak Clearing, Southlake, Texas; David and Laura Lester, 2706 Derby Court, Southlake, Texas; REGULAR CITY COUNCIL MEETING MINUTES, JUNE S, 2007 Page 9 of 12 John Maisto, 1909 Big Bend Cove, Southlake, Texas; Marian and Tom Mann, 903 Hidden Meadow Court, Southlake, Texas; Jenni and John Samuel, 1321 Province Lane, Southlake, Texas; Beverly and David Spillyards, 1920 Cresson Drive, Southlake, Texas; Meg and Terry Walter, 907 Westminster Way, Southlake, Texas. Mayor Wambsganss read through the comment cards of those who did not wish to speak but wanted to record their support: Sandeep Pabley, 1000 Pine Meadow Court, Southlake, Texas, and Joseph Panther, 1502 Spruce Court, Southlake, Texas. The public hearing continued: Cheryl Davidson, 1013 South Hollow Drive, Southlake, Texas, and President of the South Hollow Home Owner's Association, spoke in support. Jim Stoutjesdyk, 1507 Spruce Court, Southlake, Texas, spoke in support. Kathy Bryan, 1003 Pine Meadow Court, Southlake, Texas, spoke in support. Mark Dumas, 906 South Hollow Court, Southlake, Texas, spoke in support. Randy Robbins, 1000 Deer Hollow, Southlake, Texas, spoke in opposition. Karen Bumgardner, 803 Hillcrest Trail, Southlake, Texas, spoke in opposition. Sean Clark, 703 Heather Glen Drive, Southlake, Texas, spoke in opposition. David Pass, 1009 Pine Meadow Court, Southlake, Texas, spoke in opposition. Patty Gleim, 1905 Amesbury Court, Southlake, Texas, spoke in opposition. Suzanne Maisto, 1909 Big Bend Cove, Southlake, Texas, spoke in opposition. Paul Sullivan, 2801 Brookshire Drive, Southlake, Texas, spoke in opposition. Joe Wright, 1640 South Brumlow, Southlake, Texas, spoke in opposition. Scott Grossman, 2704 Derby Court, Southlake, Texas, spoke in opposition. Michael Frasier, 1305 South Hollow Drive, Southlake, Texas, spoke in opposition. Lynn P. Krugler, 1508 Spruce Court, Southlake, Texas, spoke in support. Roxanne Taylor, 1301 Regency Court, Southlake, Texas, spoke in support. Dan Atkinson, 1902 South Hollow Court, Southlake, Texas, spoke in support. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 10 of 12 Terry Walter, 907 Westminster Way, Southlake, Texas, spoke in support. Mayor Wambsganss closed the public hearing. Council discussed the request. Motion was made to approve Ordinance No. 480-523, 2°d Reading (ZA07-018), Zoning Change and Development Plan for Tealwood, granting the requested variances; requiring an 8:12 pitch roof with a minimum 40 year life; requiring minimum 3,000 square foot homes; requiring concrete streets; requiring minimum development standards as presented this evening by the developer; requiring a minimum 8 foot fence in the rear yards around the entire property except on Continental Boulevard; requiring street lighting concepts similar to Westwyck Hills; subject to the recommendations of the Planning and Zoning Commission; and subject to Development Review Summary No. 5, dated May 30, 2007. Motion: Terrell Second: Stansell Ayes: Hill, Jones, Muzyka, Terrell, Stansell Nays: Morris, Wambsganss Approved: 5-2 Mayor Wambsganss called for a break at 11:23 p.m. and reconvened the meeting at 11:41 p.m. Agenda Item No. 7A. Ordinance No. 480-445a, 1St Reading~(ZA07-030), Zoning Change and Site Plan for Shady Oaks Offices on property being legally described as Lots 9 - 12, L.G. Hall, No. 686 Addition and being located at 640 West Southlake Boulevard, 620 West Southlake Boulevard, 600 West Southlake Boulevard, and 660 West Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zonings S-P-1 Detailed Site Plan District. SPIN Neighborhood #13. Chief Planner Narayana presented this item to Council. Applicant Terry Wilkinson of Wyndham Properties presented this item to Council. Motion was made to approve Ordinance No. 480-445a, 1St Reading (ZA07-030), Zoning Change and Site Plan for Shady Oaks Offices subject to the recommendations and conditions of the Planning and Zoning Commission; removing the carport located at the bank; subject to the applicant's agreement to look at berming and landscaping and evaluation of plant materials prior to the next meeting; subject to the applicant's agreement to screen the air conditioning unit on the adjacent lot as discussed; and subject to Site Plan Review Summary No. 4, dated May 30, 2007. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 12:00 a.m. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 11 of 12 *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Warnbsganss Mayor ATTEST: C/?mil/`- `,eogAearAaesxress OUTP, Payne, TRM , 5.P035p°H -C City Secretary ' ° • c~ =U• ~ ee ° ,ems • • REGULAR CITY COUNCIL MEETING MINUTES, JUNE S, 2007 Page 12 of 12 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: JUNE 5, 2007 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, and John Terrell (arrived at 5:41 p.m.). CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank, Manager of Information Services Gary Gregg, Information Systems Technician Sam Cobb, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Deputy Director of Community Services - Library Kerry McGeath, Director of Economic Development Greg Last, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Planning and Development Services Ken Baker, Chief Planner Dennis Killough, Chief Planner Jayashree Narayana, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayor, Public Works Operations Manager Chuck Kendrick, Municipal Judge Carol Montgomery, 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 5:22 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month Rolla Goodyear gave the invocation. Mayor Wambsganss led the Pledge of Allegiance. Agenda Item No. 3. Update on logo development project. Director Last presented this item to Council. Brad Bishop and Mike Thurman from Torch Creative introduced themselves to Council. Agenda Item No. 4. Discuss all items on tonight's meeting agenda. City Council reviewed the consent agenda items with city staff. Items 9A and 9B were added to the consent agenda. The work session ended at 6:20 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:20 p.m. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 1 of 12 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 the city attorney, Section 551.072, deliberation regarding real property, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:20 p.m. Executive Session began at 6:40 p.m. and ended at 7:43 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:51 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. Proclamation to local spring board diver Brittany Wang 1St place winner at the USA West National Championship Dive Meet Mayor Wambsganss presented the proclamation to Brittany Wang. Agenda Item No. 3B. City Manager's Report. No report was 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 the minutes from the May 15 2007, regular City Council meeting and the joint City Council and Planning and Zoning Commission urban design work session on May 23, 2007. A presentation was not made on this item. Agenda Item No. 4B. Excuse a member of the City Council and a member of the Planning and Zoning Commission for meeting absences. Councilmember Vernon Stansell was absent from the May 15, 2007, City Council meeting and Commissioner Michael Springer was absent from the May 17, 2007, Planning and Zoning Commission meeting. Agenda Item No. 4C. Resolution No. 07-023 Appoint a Mayor Pro Tem and a Deputy Mayor Pro Tem. 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, APPOINTING A MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM PURSUANT TO ARTICLE 2.07 OF THE HOME RULE CHARTER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss appointed Carolyn Morris as Mayor Pro Tem and Virginia M. Muzyka as Deputy Mayor Pro Tem. Agenda Item No. 4D. Resolution No. 07-027 Appoint four members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One City of Southlake Texas A REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 2 of 12 presentation was not made on 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 OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE DATE. Council appointed Councilmembers Terrell, Muzyka, and Jones and Carroll Independent School District board member Sherrie Williams to the board. Agenda Item No. 4E. Resolution No. 07-029, Grant approval to the Tarrant County Housing Finance Corporation for the use of the proceeds of its series 2007 single family mortgage revenue bonds to finance home mortgages for single family homes located within the City. A presentation was not made on 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 OF SOUTHLAKE, TEXAS, GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2007 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY. Agenda Item No. 4F. Approve an interlocal agreement with North Central Texas Council of Governments (NCTCOG) for cooperative purchasing for on-line recruiting. A presentation was not made on this item. Agenda Item No. 4G. Approve the appointment of Jim C. Blagg as Assistant City Manager/Director of Public Safety for the City of Southlake. City Manager Yelverton presented this item to Council during the work session. Agenda Item No. 4H. Approve interlocal agreement with Carroll Independent School District for the use of Carroll Intermediate School as the interim DPS facility. A presentation was not made on this item. Assistant City Manager Blagg asked Council to also include in their motion that the City will provide proof of insurance to the school board. Agenda Item No. 41. Award bid to Cardinal Tracking, Inc., for paperless citation system in the amount of $42,647. A presentation was not made on this item. Agenda Item No. 4J. Approve an agreement with Premier Chemicals, L.L.C., to provide odor control treatment at lift stations. A presentation was not made on this item. Agenda Item No. 4K. Approve expenditure of 2006 Pavement Management Application funds to repair Silverwood Circle located in the Highlands section of the Timarron Addition in an amount not to exceed $125,000, utilizing existing interlocal agreements. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 3 of 12 Agenda Item No. 4L. This item intentionally left blank. Agenda Item No. 4M. Approve an interlocal purchasing contract with Tarrant County. A presentation was not made on this item. Agenda Item No. 4N. Approve a Revised Water Purchase Contract between the Cities of Southlake, Fort Worth, and Keller. A presentation was not made on this item. Agenda Item No. 40. Resolution No. 07-028, Authorize expenditure of budgeted funds for repair of paving infrastructure through the use of an interlocal agreement with the City of Grapevine. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION AUTHORIZING THE EXPENDITURE OF BUDGETED FUNDS FOR THE REPAIR OF STREETS, SIDEWALKS, AND OTHER CONCRETE STRUCTURES THROUGH THE USE OF AN INTERLOCAL AGREEMENT CONTRACT. Agenda Item No. 4P. Consider final approval for an amendment to the Shops of Southlake Conditional Sign Permit to allow decorative sign panels for Cherish, located at 1431 East Southlake Boulevard, Suite 501. A presentation was not made on this item. Agenda Item No. 4Q. Consider final approval for an amendment to the Shops of Southlake Conditional Sign Permit to allow vertical banners for Central Market, located at 1425 East Southlake Boulevard. A presentation was not made on this item. Agenda Item No. 4R. Resolution No. 07-026, Supporting the Rest and Recuperation Program at DFW International Airport offering sincere thanks, appreciation and gratitude to all men an women in uniform for a job well done. Mayor Wambsganss and Councilmembers Terrell and Hill presented this item during the work session. The public can call phone number 972-574- 0392 each evening after 8:30 p.m. to receive information about incoming flights. Councilmember Terrell read a statement of thanks from the Operations Officer at DFW Airport. Agenda Item No. 4S. Ordinance No. 480-512, 2nd Reading (ZA06-189 , Zoning Change and Site Plan for proposed Southlake Design Center, located at 280 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. The applicant has requested to table this item until the June 19, 2007, City Council meeting. Agenda Item No. 4T. Ordinance No. 480-LLL, 2nd Reading, An Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the "SF- 2" Single Family Residential Zoning District. Staff is tabling this item until the June 19, 2007, City Council meeting. Agenda Item No. 4U. Ordinance No. 480-492, 1St 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 REGULAR CITY COUNCIL MEETING MINUTES, JUNE S, 2007 Page 4 of 12 Estate District. Requested Zoning: SF-1A Single Family Residential District SPIN Neighborhood #11. This item is tabled until the June 19, 2007, City Council meeting. Agenda Item No. 4V. Ordinance No. 480-521, 1" Reading (ZA07-005 Zoning Change and Site Plan for Chapel Crossing Shopping Center, located at 245 West State Highway 114 and 200 Countryside Court. Current Zoning: AG Agricultural District and C-1 Neighborhood Commercial District. Requested Zoning: S-P-2 Generalized Site Plan District SPIN Neighborhood #11. The applicant has requested to table this item until the July 17, 2007, City Council meeting. Agenda Item No. 9A. Consider SP07-127, Variance to Sign Ordinance No. 704-C for Pavilion Plaza, Players Circle, located at 1959 West Southlake Boulevard. Director Baker presented this item to Council during the work session. Applicant F.C. LeVrier with Suncoast Architects answered Council's questions on this item. Agenda Item No. 9B. Award bids for Bob Jones Nature Center Improvements to: 1) SPSD in the amount of $383,611 for site work and alternate #2; and 2) to Scobilt Contractors in the amount of $477,000 for building construction, with project contingency funding ($41,389 or 4.8% for a total amount not to exceed $902,000, effectively amending the SPDC CIP budget in the amount of $350,000. Director Polasek presented this item to Council during the work session. Motion was made to approve consent agenda items 4A; 413; 4C to appoint Carolyn Morris as Mayor Pro Tem and Virginia M. Muzyka as Deputy Mayor Pro Tem.; 4D to appoint Councilmembers Terrell, Muzyka, and Jones and Carroll Independent School District board member Sherrie Williams to the board; 4E; 417; 4G; 41-1; 41; 4J; 4K; 4M; 4N; 40; 4P; 4Q; 4R; 4S; 4T; 4U; 4V; 9A to approve the variance as presented with the following amendments: the landscape plan will be as presented this evening, to allow a maximum of five signs to be placed as shown with only one line of text allowed per sign, stipulating that only text is allowed with no logos or pictures, 14-inch maximum sign lettering, each sign will have the same font as the front sign with all lettering on the back of the building to be black in color, the sign labeled "Scuba" cannot be placed on the back of the building until the Scuba sign on the interior of the building is no longer visible from the outside of the store; and 9B as approved by the Southlake Parks Development Corporation earlier this evening. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke. Agenda Item No. 6A. Ordinance No. 480-522, 2"d Reading (ZA07-015 Zoning Change and Site Plan for White Chapel Office Park Phase II on property legally described as Lot 1 Block B Ravenaux Village Addition and being located at 201 Countryside Court. Current Zoning: 0-1 REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 5 of 12 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. Chief Planner Narayana presented this item to Council in conjunction with item 6B. Applicant Brian Tucker of Cheatham and Associates, 2233 Avenue J, Suite 103, Arlington, Texas, 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 1, BLOCK B, RAVENEAUX VILLAGE ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S-P- 1" WITH "0-1" DISTRICT USES DETAILED SITE PLAN DISTRICT, 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. 480-522, 2"d Reading (ZA07-015), Zoning Change and Site Plan for White Chapel Office Park, Phase II, noting that the applicant will put in a three foot berm added to the area between Building 4 and White Chapel Boulevard, will remove the four covered parking spaces along the east side of Building 3, subject to the recommendations of the Planning and Zoning Commission, and subject to Site Plan Review Summary No. 5, dated May 30, 2007. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6B. ZA07-016, Plat Revision for Lots 1R1 - 1R5, Block B, Ravenaux Village Addition, being a replat of property currently described as Lot 1, Block B, Ravenaux Village Addition and being located at 201 Countryside Court. Current Zoning: 0-1 Office District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. Chief Planner Narayana presented this item to Council in conjunction with item 6A. Applicant Brian Tucker of Cheatham and Associates, 2233 Avenue J, Suite 103, Arlington, Texas, made a presentation and answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 6 of 12 Motion was made to approve ZA07-016, Plat Revision for Lots I RI - I R5, Block B, Ravenaux Village Addition, subject to the recommendations of the Planning and Zoning Commission and Plat Review Summary No. 3, dated April 27, 2007. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss stated that agenda items 61), 6E, and 6F will be considered next. Ap,enda Item No. 6D. Ordinance No. 480-524, 2„ d Reading(ZA07-036 , Zoning Change for Lot 15, H. Granberry No. 581 Addition on property being legally described as Tract 5C1 and 5D, H. Granberry, Abstract No. 581 and being located at 921 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: RE Single Family Residential Estate District. SPIN Neighborhood #9w. Chief Planner Narayana 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 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 5C 1 AND 5D, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING APPROXIMATELY 5.932 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT, 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. 480-524, 2°d Reading (ZA07-036), Zoning Change for Lot 15, H. Granberry No. 581 Addition, as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 7 of 12 Agenda Item No. 6E. Ordinance No. 480-525, 2"d Reading (ZA07-041), Zoning Change and Concert Plan for Lot 1R1 R.P. Estes Subdivision on property being legally described as a portion of Tract 1 R P Estes Addition and being located at 940 West Dove Road. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #11. Chief Planner Narayana presented this item to Council in conjunction with item 6F. 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 A PORTION OF LOT 1, R.P. ESTES ADDITION SITUATED IN THE T. MANN SURVEY, ABSTRACT NO. 1107, BEING APPROXIMATELY 4.97 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-IA" SINGLE FAMILY RESIDENTIAL DISTRICT, 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. 480-525, 2"d Reading (ZA07-041), Zoning Change and Concept Plan for Lot 1R1, R.P. Estes Subdivision, subject to the recommendations of the Planning and Zoning Commission and Concept Plan Review Summary No. 2, dated April 27, 2007. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6F. ZA07-042 Plat Revision for Lot 1R1, R.P. Estes Addition, being a replat of property currently described as Tract 1 R.P. Estes Addition and being located at 940 West Dove Road. Current Zoning: AG Agricultural District. Proposed Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #11. Chief Planner Narayana presented this item to Council in conjunction item 6E. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 8 of 12 Motion was made to approve ZA07-042, Plat Revision for Lot 1R1, R.P. Estes Addition, being a replat of property currently described as Tract 1, R.P. Estes Addition, subject to Plat Review Summary No. 2, dated April 27, 2007. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6C. Ordinance No. 480-523, 2" d Reading (ZA07-018 , Zoning Change and Development Plan for Tealwood on property being legally described as Tract 21`01, J.N. Gibson Survey, Abstract No. 591, and located at 1589 East Continental Boulevard. Current Zoning: 1-1 Light Industrial District. Requested Zoning: TZD Transition Zoning District. SPIN Neighborhood #7. Director Baker presented this item to Council. Applicant Tom Matthews of Four Peaks Development 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 TRACT 21701, J.N. GIBSON SURVEY, ABSTRACT NO. 591, AND BEING APPROXIMATELY 5.15 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I-l" LIGHT INDUSTRIAL DISTRICT TO "TZD" TRANSITION ZONING DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT 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 and read through the comment cards of those who did not wish to speak but wanted to record their opposition: Dwayne and Julie Dixon, 905 Westminster Way, Southlake, Texas; Latricia Earley, 1906 Amesbury Court, Southlake, Texas; Tamara Furgal, 909 Westminster Way, Southlake, Texas; Bill Gleim, 1905 Amesbury Court, Southlake, Texas; Glenn Holland, 2804 Brookshire Drive, Southlake, Texas; Dean and Margaret Kim, 1923 White Oak Clearing, Southlake, Texas; David and Laura Lester, 2706 Derby Court, Southlake, Texas; REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 9 of 12 John Maisto, 1909 Big Bend Cove, Southlake, Texas; Marian and Tom Mann, 903 Hidden Meadow Court, Southlake, Texas; Jenni and John Samuel, 1321 Province Lane, Southlake, Texas; Beverly and David Spillyards, 1920 Cresson Drive, Southlake, Texas; Meg and Terry Walter, 907 Westminster Way, Southlake, Texas. Mayor Wambsganss read through the comment cards of those who did not wish to speak but wanted to record their support: Sandeep Pabley, 1000 Pine Meadow Court, Southlake, Texas, and Joseph Panther, 1502 Spruce Court, Southlake, Texas. The public hearing continued: Cheryl Davidson, 1013 South Hollow Drive, Southlake, Texas, and President of the South Hollow Home Owner's Association, spoke in support. Jim Stoutjesdyk, 1507 Spruce Court, Southlake, Texas, spoke in support. Kathy Bryan, 1003 Pine Meadow Court, Southlake, Texas, spoke in support. Mark Dumas, 906 South Hollow Court, Southlake, Texas, spoke in support. Randy Robbins, 1000 Deer Hollow, Southlake, Texas, spoke in opposition. Karen Bumgardner, 803 Hillcrest Trail, Southlake, Texas, spoke in opposition. Sean Clark, 703 Heather Glen Drive, Southlake, Texas, spoke in opposition. David Pass, 1009 Pine Meadow Court, Southlake, Texas, spoke in opposition. Patty Gleim, 1905 Amesbury Court, Southlake, Texas, spoke in opposition. Suzanne Maisto, 1909 Big Bend Cove, Southlake, Texas, spoke in opposition. Paul Sullivan, 2801 Brookshire Drive, Southlake, Texas, spoke in opposition. Joe Wright, 1640 South Brumlow, Southlake, Texas, spoke in opposition. Scott Grossman, 2704 Derby Court, Southlake, Texas, spoke in opposition. Michael Frasier, 1305 South Hollow Drive, Southlake, Texas, spoke in opposition. Lynn P. Krugler, 1508 Spruce Court, Southlake, Texas, spoke in support. Roxanne Taylor, 1301 Regency Court, Southlake, Texas, spoke in support. Dan Atkinson, 1902 South Hollow Court, Southlake, Texas, spoke in support. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 5, 2007 Page 10 of 12 Terry Walter, 907 Westminster Way, Southlake, Texas, spoke in support. Mayor Wambsganss closed the public hearing. Council discussed the request. Motion was made to approve Ordinance No. 480-523, 2°d Reading (ZA07-018), Zoning Change and Development Plan for Tealwood, granting the requested variances; requiring an 8:12 pitch roof with a minimum 40 year life; requiring minimum 3,000 square foot homes; requiring concrete streets; requiring minimum development standards as presented this evening by the developer; requiring a minimum 8 foot masonry fence in the rear yards around the entire property except on Continental Boulevard; requiring street lighting concepts similar to Westwyck Hills; subject to the recommendations of the Planning and Zoning Commission; and subject to Development Review Summary No. 5, dated May 30, 2007. Motion: Terrell Second: Stansell Ayes: Hill, Jones, Muzyka, Terrell, Stansell Nays: Morris, Wambsganss Approved: 5-2 Mayor Wambsganss called for a break at 11:23 p.m. and reconvened the meeting at 11:41 p.m. Agenda Item No. 7A. Ordinance No. 480-445a, 1St Reading (ZA07-030), Zoning Change and Site Plan for Shady Oaks Offices on property being legally described as Lots 9 - 12, L.G. Hall, No. 686 Addition and being located at 640 West Southlake Boulevard, 620 West Southlake Boulevard, 600 West Southlake Boulevard, and 660 West Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #13. Chief Planner Narayana presented this item to Council. Applicant Terry Wilkinson of Wyndham Properties presented this item to Council. Motion was made to approve Ordinance No. 480-445a, 1St Reading (ZA07-030), Zoning Change and Site Plan for Shady Oaks Offices subject to the recommendations and conditions of the Planning and Zoning Commission; removing the carport located at the bank; subject to the applicant's agreement to look at berming and landscaping and evaluation of plant materials prior to the next meeting; subject to the applicant's agreement to screen the air conditioning unit on the adjacent lot as discussed; and subject to Site Plan Review Summary No. 4, dated May 30, 2007. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 12:00 a.m. REGULAR CITY COUNCIL MEETING MINUTES, JUNE S, 2007 Page I1 of 12 *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss aea,,aaaoaaar,,,,, Mayor ATTEST: OUTH Lori Payne, TRMC ? C c City Secretary a 1110 REGULAR CITY COUNCIL MEETING MINUTES, JUNE S, 2007 Page 12 of 12 9eCe(,0?J 0+- f ~e Juke 5) ~00? bly ezuPv-,47 wp e-hi f Four Peaks Development, Ina • 726 Commerce St • Suite 109 Southlake, T 76092 MEMO TO: LORI PAYNE FROM: TOM MATTHEWS DATE: JUNE 5, 2007 SUBJECT: TEALWOOD Lori, per instructions from Ken Baker, please find enclosed 10 copies of the revised submission for Tealwood which reflects the additions we have made as called for by the City Council and also reflects a clarification for "side entry" versus "front entry" garages. I have made an additional copy for Ken which I have personally delivered to him. I am delivering an additional copy here to you, which I have printed your name on the top page. This copy, you copy, shows changes in different colors with deletions (in brown), additions (in blue) and the most recent additions (in blue with underline). Thanks, TM Lorl~~ Tealwood Introduction Tealwood is a proposed residential development planned pursuant to the Transitional 2 land use category. The subject property is a 5.4 acre site before the dedication of right of way for Continental Blvd. The net developable acreage is a 5.15 acre tract located on the south side of Continental Boulevard approximately 500 feet east of the Continental Boulevard/Carroll Avenue traffic circle in the City of Southlake. The property is currently designated in the Southlake 2025 Plan as Mixed Use, which calls for a variety of uses including residential uses. The property is currently zoned I 1 (Light Industrial). Properties to the west and south of the subject property are also zoned I 1 (Light Industrial) and are improved with corresponding light industrial uses; the property to the immediate west consists of a small stone house recently renovated to house the owner's business. The property to the east is undeveloped but also has a Mixed Use land designation per the Southlake 2025 Plan. Across Continental to the north are existing homes within the South Hollow, Napa Valley and Cambridge Place subdivisions, all having SF-20A single family residential zoning. The purpose and definition of the T-2 Transitional land use category, as stated in the Southlake 2025 Plan, "is to provide an alternative tool to allow flexibility in the development of smaller `transition' sites". "The land use category is applied to smaller transition properties that are adjacent to both lower intensity commercial land uses and lower intensity residential uses. These properties share unique characteristics in that they have limited commercial potential due to adjacency to existing commercial development but need to address compatibility issues with adjacent established neighborhoods." "The land use category is intended to provide creative infill and flexible transition opportunities." "Each individual area designated for Transition 2 land use category shall generally range from 4 to 20 acres." Clearly, the subject site meets all of the purposes and definitions of the T-2 Transitional land use category. Within the Transitional 2 District of the Southlake 2025 Plan, it is noted that "Residential uses are to be located adjacent to proposed office and existing neighborhoods. These uses are intended to provide a lower intensity transition between existing neighborhoods and non- residential uses." It is the applicant's belief that the spirit of this provision would apply to the transition between proposed or existing light industrial uses and existing residential neighborhoods. The ordinance further states that "Single-family residential uses are recommended to be to the density and scale that is appropriate based on the context and character of the proposed overall development." Whereas much of the discussion about the Transitional 2 district has focused on developments having both residential and commercial components, it is our request that the City look at this property and this proposed development in the context of existing, adjoining uses. The subject property and its proposed residential development, whose access is limited to Continental Boulevard, is in and of itself, a transition between the existing lower density residential uses to the north and the higher density, light industrial uses to the west and south. The subject property is a true transition tract and the proposed development complies with the criteria for a Transitional 2 district. Intent and Purpose The purpose and intent of this zoning application is as follows: 1. Create a residential neighborhood to serve as a physical and visual buffer and transition between the existing, competing, uses of single family residential on the north side of Continental Blvd. and light industrial (warehouse) uses south of the subject property; 2. Create a residential neighborhood whose open space, located primarily along Continental Blvd., will serve as additional buffer to the residential neighborhoods to the north and create a "soft", inviting entry into the neighborhood. 3. Create a residential neighborhood which will not only compliment the quality and design of the residential subdivisions in the immediate area but also of the quality of homes throughout Southlake; 4. Create a residential neighborhood whose limited access amt-reefk-e-e&stfeet--tvidt4i--dam gii encourages pedestrian activity and interaction amongst neighbors; 5. Create a residential subdivision which will produce a less traffic impact on Continental Blvd. and other streets in the area than an alternative development of light industrial uses and/or office uses, both of which have a much higher vehicular trip coefficients than the proposed residential use. Tealwood: Proposed Transition District Development Standards 1.0 Permitted Land Uses Use Category Single Family Residential Detached used for home occupation and model homes for sales and promotions 2.0 Street Design Standard Right of Way 40 feet Travel Lane Width 2-7 31 feet, back of curb to back of curb Tuming Radii 30 foot, minimum Paving Surface Concrete with a ten foot (10') section of patterned concrete at entrance 3.0 Streetscape Standards Street trees required Minimum of 2, }4" caliper canopy trees per front yard per schedule below "A" lots shall have two oak trees: bur oak, live oak or red oak or Chinquapin oak "B" lots shall have 1 oak and 3 flowering trees: red bud, dogwood, crepe myrtle or bradford pear Sidewalks Sidewalks shall be constructed only on the street frontages of the four "inside lots", i.e. block 2 lots 4.0 Open Space Standards Open Space The existing vegetation along Continental Blvd. will be maintained where practical. Fully landscaped and irrigated with a combination of 13, 4" caliper canopy trees plus 14 flowering trees, plus 9 Nellie R. Stevens holly or comparable alternative being a minimum of 5' in height, plus shrubbery or native grasses along masonry wall. To be maintained by the homeowners association which has required membership of all residents. The association shall have fine and lien rights, as permitted by law to enforce compliance with the rules of the association Within the detention area, the guide channel shall be of a stained concrete having an earth-toned color and shall have a minimum of three water tolerant trees and a scattering of native grasses. 5.0 Block and Lot Standards Lot area Minimum of 10,000 square feet Lot width and depth Minimum of 80 foot width and 104 foot depth Maximum Lot Coverage 50% for building structures Maximum Impervious Coverage per Lot 75% Minimum block length na 6.0 Building Standards Minimum Square Footage 2,500 square feet Setbacks: Front 15 feet, except 20 feet for lots 1, 2, 3, 6, 7, 10 & 11 of block 1 Front Garage Door 20 feet when facing the street, except 25 feet for lots 1, 2, 3, 6, 7, 10 & 11 of block 1 Sides 5 feet and 10 feet per lot as designated per plat Rear 10 feet Maximum Building Height 35 feet 7.0 Site Design Standards Architectural Style Texas Traditional with old world architectural details Walkways and drives Washed, or exposed fixed aggregate in warm earth tones (pea sized aggregate) Garages and Garage doors Wood. No garage door on the four most northern lots may face Continental Blvd. Each house shall have a minimum of a 2 car garage, Garages shall be configured as a 2-car side entry, a 3-car side entry or 2-1 split with the 2 car garage portion being side entry and the single garaqe door may be front entry and face the street or front elevation but it shall be set back a minimum of 22 feet from the front elevation of the house. The street elevation of the garage (its side) if built at the front of the house will be non-monolithic in design and shall contain architectural elements consistent with the treatments and design of the balance of the front facade of the house which may include windows gables, and hips. The homes within Tealwood will comply with the requirement that the pad of the house be 2 feet above the finished level of the sidewalk, or curb where no sidewalk exists except this requirement will not apply to the pad or floor elevation for the garage which may be built on grade. Front elevation windows Vinyl divided light with oversized n-.rt4if+s mullions Exterior materials 100% masonry on all street facing elevations, 80% masonry on other elevations. No EIFS or synthetic stucco system is allowed on any exterior elevation or chimney Roof Pitch Minimum of 8:12 roof pitch on front elevation Landscaping Fully landscaped and irrigated front and side yards fronting a street within 60 days of completion Fencing Front elevation on all houses shall be open styled metal fencing. Wood fencing shall be permitted between lots a~ #te greet she s., except a stone column shall be erected on the shared property lot lines where side yard fences terminate closest to the front or side street. Perimeter fencing on the east, south and west boundaries of the subdivision shall be wood fencing with 6" cedar board on board facing with a decorative cedar cap and metal posts of a uniform design and shall be constructed by the same contractor throughout. On the east elevation of the subdivision the wood fence shall have masonry columns every 25' on center. The perimeter fencing shall be a minimum of 6' in height but may be 8' in height along the south property line. Metal, open style fencing of 6' in height shall be required on the two "outside" lots where facing Continental and a uniform masonry fencing shall be required on the side yards facing Continental of the two "inside" lots. All masonry walls and columns throughout shall be of a uniform design and material. Residential fencing adjacent to the open space/detention area at the southeast corner of the property shall be open style decorative metal fencing. Lighting Street lighting shall comply with City of Southlake requirements but shall have a street light at the entry, a street light at each ninety degree turn in the interior street and street light at the end of the dead end street and shall have decorative posts and fixtures. 8.0 Brick and Stone Standards Brick manufacturers Acme Brick, Hanson Brick, Commercial Brick, Claymex Brick and Kinney Brick Common Bricks Or and acceptable variation approved by the Architectural Control Committee; Commercial Antique, Covington, Winslow, Old Country, Brownstone, Cajun French, Old Abbey, Cromwell, Lexington, Country French, Providence, Crockett, Adobe Stone/Rock Milsap, Rattlesnake, Austin, Gradbury Chop, Hackett Builder's Moss Back, Leuters, Mahogany 8.0 Sign Standards Front entry sign A front entry monument sign or wall sign shall be constructed with the development. The sign structure shall be a maximum of 12 feet wide by 4 feet high. The sign panel shall be a maximum of 8 feet wide by 30 inches high. 10.0 Compliance Standard Architectural Features The Architectural Control Committee will require all front elevations to have A: a combination of brick, stone or cast stone, from the choices allowed as found in Brick and Stone Standards above, and B: a combination of window and door surrounds of stone, brick or cast stone accessorized as single, double or triple roll locks or coins or slivered brick coins, and C: a various mix of different elevation types to include turrets, hip, gable, Dutch gable, Tuscan accents or a comparable alternative as approved by the ACC. Other Considerations Variances: 1. The maximum residential density in the Transitional Zoning District is two (2) units per acre. We are requesting a variance to this limit recognizing that this proposed development does not have other, higher traffic generating uses such as retail and office but instead, has additional residential units. This tract of land and the proposed development will itself be the transition between divergent existing uses to the north and south instead of having a number of different uses "shoe spooned" into this relatively small tract. Having only residential uses plus open space instead of multiple uses is also a variance to the TZD we are requesting. As the higher traffic and parking generating commercial uses are not part of this development, parking lot layouts, parking lot landscaping and parking demand analysis are not warranted. 2. A variance to the prohibition of dead-end streets is requested in order to create a more pedestrian friendly environment, a more attractive subdivision by avoiding the creation of a large cul de sac which would encroach on two residential lots and a more uniform, spacious Open Space area fronting Continental Blvd. Also, cul de sacs are not allowed in the Transitional Zoning District. A traffic turnaround will be provided by creating a "hammer-head" on one side of the street being at least sixteen feet (16) feet in width for a distance of ten feet in from the curb. Emergency access from the dead-end street will be provided by a city designated Opticom locking system on the gate leading to the emergency access easement. The easement, which connects the dead-end street within the subdivision to Continental Blvd., will be improved with grasscrete to accommodate emergency vehicles. To improve the emergency access easement as a public street would compromise the limited access, pedestrian quality of the neighborhood and, being less than 125' from the intersection of the street leading into the subdivision on the north side of Continental, would create a dangerous intersection whose spacing would not comply with City ordinances. 3. A variance is requested if street stubs are required to the property to the east and west. The City standard is to not connect different uses; the property to the west is zoned and utilized as a light industrial and the property to the east is not yet planned or zoned though it is shown on the City Master Plan as Mixed Use. Such a street stub(s) would compromise the intimate quality of this neighborhood and would have no positive impact or purpose for this neighborhood. 4. To promote a more pedestrian feel for this intimate neighborhood, and create a greener streetscape, a variance is requested for the size of street right of way p-aviw,-w. It is proposed that the right of way be forty feet (40') and the paving width be twenty- seven f;«et 22-7 } thirty one feet (31) back of curb to back of curb. 5. With the agreed expansion of the street width from the original plan and to promote green space, a variance is requested that sidewalks be required and constructed only on the front of the "inside" lots. 6. Because of the physical nature of this property and surrounding properties and the very flat topography it is not possible to put the collection of storm water in RCP. A variance is therefore requested to allow storm water collected in the street to be transferred to the detention pond in a concrete flume. 7. The Transitional 2 Zoning District calls for fifteen percent open space. The Land Use Mix table provides a "Flexibility Allowed" of fifteen percent, and further states "These percentages are not regulatory and should only be used as a guide." This project has set aside almost twenty percent of the project to thoroughfare dedication and open space. The open space is 12.78%. We are requesting a variance, if a variance is required to permit this level of open space. 8. There are some existing trees on the property; those of any appreciable size are limited to being along the old fence line around the perimeter of the property and are, for the most part, trees normally found in such a condition such as hackberry. As part of this request for a zoning change we are requesting a variance so as to not require a full tree survey at this time, instead waiting until the preliminary platting process. As trees are valuable to this development and may serve as a buffer to the adjoining industrial uses, every reasonable effort will be made to preserve the existing trees. 9. A variance to the Transitional Zoning District calling for more than one use within the property is requested so a pedestrian friendly, purely residential neighborhood can be created and maintained. Proposed Project Schedule: The Tealwood project will proceed forward in an uninterrupted manner until all of the houses are completed. Following the approval of zoning, a preliminary plat mirroring the approved TZD concept and development plan will be submitted for approval. Prior to commencement of construction, engineering plans and a Developers Agreement will be submitted and approved. Upon approval, physical construction of the subdivision will commence. Construction of the houses will begin approximately thirty days following City acceptance of the subdivision though it is contemplated that, through the Developer Agreement, we will request the project be given early releases of some building permits to allow construction of those houses adjacent to Continental Blvd. to begin prior to final acceptance of the subdivision. These particular lots are adjacent to a paved road and have fire protection, i.e. a fire hydrant, within required proximity. Open Space Management Plan: All Common Open Space including the storm water detention area, and the rights of way adjacent thereto, shall be owned and/or maintained by the Tealwood Homeowners Association. The Tealwood Homeowners Association shall have mandatory membership for all of the homeowners within the neighborhood. Dues shall be assessed and collected in amounts required to maintain not only the Open Space areas and the detention pond area but also the front yards of all of the homes to create a uniform, high quality landscaped environment complimentary of the quality neighborhood being created. The deed restrictions and the collection of dues shall be enforceable though lien rights and assessment of fines and penalties. Adjacency Consideration: In consideration of our neighbors and recognizing the existing uses of the area and, as the Transitional Zoning District is not a district under which the Neighborhood Adjacency ordinance applies, Tealwood specifically waives such applicable Neighborhood Adjacency Standards for any properties or developments which might otherwise be effected by Tealwood's residential uses. Traffic Analysis: The City of Southlake utilizes trip generation tables produced and published by the International Traffic Engineers ("ITE") in determining vehicular trips and traffic impact expected from proposed developments. Single family generates 9.57 trips per day per unit Light Industrial zoning can be looked at two ways: A. The General Light Industrial category, as defined by ITE which is, for the most part, anything but traditional manufacturing, generates 6.97 trips per day per 1,000 square feet of space. B. Traffic trips for a warehouse style building that is finished out with office uses would be calculated as 4.96 trips per day per 1,000 sq. ft. of space for the warehouse area, plus 11.01 trips per day per 1,000 sq. ft. of office space. In light industrial areas of Southlake, we have, historically, seen a finish out in these type buildings of approximately 50% warehouse and 50% office. Therefore, the number of trips per day expected from this type of building would be 7.985 trips per day per 1,000 sq. ft. of space. Net acreage of the subject site, after the dedication of Continental Blvd. right of way is 224,334 square feet (5.15 acres). Assuming 25,000 square feet must be set aside to accommodate a detention pond for light industrial uses and the associated increase of impervious coverage, there remains 199,334 square feet of developable area. (Right at 1 acre or 43,560 sq. ft. was required of the 11.12 acre site at Continental and Kimball, also zoned Light Industrial.) From two different plans being studied by the property owner to develop the property with Light Industrial uses, lot building coverage is 26%, which, after deducting for the detention pond, would generate 51,827 square feet of building. Comparison: Single Family: 15 units will generate 143 trips per day Light Industrial: utilizing the lower traffic generating figure from the options above (option A.), will generate 361 trips per day Conclusion: The single family option being proposed will generate 217 fewer trips per day, or 60% less traffic than would be generated by light industrial uses on the same property. Conclusion: Tealwood can be a unique and creative use of property that is clearly a transition between existing single family uses and existing light industrial uses. The neighborhood feel of the community coupled with the open space and high level of design and construction standards will insure this neighborhood to be of the quality and character indicative of the surrounding neighborhoods and Southlake as a whole.