Item 4A2REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 18, 2008
LOCATION
:1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT
: Mayor Andy Wambsganss, Mayor Pro Tem John Terrell,
Deputy Mayor Pro Tem Gregory Jones and Councilmembers Laura K. Hill, Pamela
Muller, Virginia M. Muzyka, and Vernon Stansell.
CITY COUNCIL ABSENT
:None.
STAFF PRESENT
:City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski,
Community Relations Officer Pilar Schank, Interim Director of Information Technology
John Kelly, Information Systems Technician Sam Cobb, Information Systems
Technician Vicky Roche, Interim Director of Community Services Chris Tribble, Deputy
Director of Community Services Kerry McGeath, Construction Manager Peter Kao,
Director of Economic Development Greg Last, Director of Finance Sharen Jackson,
Director of Human Resources Kevin Hugman, Chief of Fire Services Michael Starr,
Chief of Police Services Robert Finn, Director of Planning and Development Services
Ken Baker, Deputy Director of Planning and Development Services Dennis Killough,
Chief Building Official Paul Ward, Planner II Clayton Comstock, Administrative
Secretary Stephanie Breitbarth, 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 5:16 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Margy Gore, gave the
invocation. Mayor Wambsganss led the pledge of allegiance.
Director Baker, Assistant to
Agenda Item No. 3. Green Team Policy Committee Update.
the City Manager Ortowski, and Director Hugman each presented segments of this item
and answered Council’s questions.
Agenda Item No. 4. Discuss all items on tonight’s meeting agenda
. City Council
reviewed the consent agenda items with city staff. Item 9A was added to the consent
agenda for approval.
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Mayor Wambsganss closed the work session at 6:12 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:12 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
6:12 p.m.
Executive Session began at 6:35 p.m. and ended at 6:53 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. 3A1. Mayor’s Report - update of upcoming meetings and events.
Mayor Wambsganss announced upcoming meetings and events.
Agenda Item No. 3A2. Mayor’s Report - Recognition of water tower project. Deputy
Mayor Pro Tem Jones thanked and recognized the donors, city staff, and Carroll ISD
who assisted with the project of painting of the Dragon logo on the water tower at Dove
Road and White Chapel Boulevard. Director Price presented information on Landmark,
Inc. and Chris Lamon who served as the contractor on this project.
Agenda Item No. 3B1. Parks and Recreation Board Report – update of upcoming
meetings and events. Park Boardmember Ken Goodman presented this item to Council.
CONSENT AGENDA:
Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. Mayor Wambsganss read the items into the
record.
Agenda Item No. 4A. Approve minutes from the October 21, 2008 regular City Council
meeting and the October 22, 2008 City Council work session. The minutes were
approved as presented.
Agenda Item No. 4B. Resolution No. 08-060, Establish the City of Southlake's
st
Legislative Agenda for the 81 Texas Legislative Session. 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:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
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ADOPTING A LEGISLATIVE AGENDA FOR THE 81 TEXAS LEGISLATIVE
REGULAR SESSION.
Agenda Item No. 4C.This item was intentionally left blank.
Agenda Item No. 4D. Approve an interlocal agreement with the City of Grapevine for the
construction of North Kimball Avenue from Shady Lane to East Dove Road. A
presentation was not made on this item.
Agenda Item No. 4E. Approve an interlocal agreement with the City of Grapevine for
provision of sanitary sewer services to the Simmons Service area for a period of 99
years. A presentation was not made on this item.
st
Agenda Item No. 4F. Ordinance No. 950, 1 Reading, Adjust Southlake's northeast city
boundary adjacent to the City of Grapevine in the area of the westbound State Highway
114 frontage road and Park Boulevard. Director Price presented this item to Council
during the work session.
Agenda Item No. 4G. Approve a professional services agreement with Jacobs
Engineering Group for median landscape design on Southlake Boulevard for an amount
not to exceed $119,000. A presentation was not made on this item.
Agenda Item No. 4H. Approve the selection of artists for commissioned artwork at the
new DPS Headquarters. A presentation was not made on this item. Council approved
the selection of artists Liz Bonham and Archie St. Clair.
Agenda Item No. 4I. Approve the conceptual design for the Lonesome Dove Park
improvements project. A presentation was not made on this item.
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Agenda Item No. 4J. Ordinance No. 948, 1 Reading, Dedicate a public utility easement
for pedestrian access, roadway, utilities, and drainage on city-owned property at Liberty
Park at Sheltonwood. A presentation was not made on this item.
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Agenda Item No. 4K. Ordinance No. 934-B, 1 Reading, Amend the 2006 Edition of the
International Plumbing Code to establish the minimum standards for the installation of
irrigation systems. A presentation was not made on this item.
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Agenda Item No. 4L. Ordinance No. 937-B, 1 Reading, Amend the 2006 Edition of the
International Residential Code to establish the minimum standards for the installation of
irrigation systems for one and two-family dwellings. A presentation was not made on
this item.
Agenda Item No. 4M. ZA06-030, Preliminary Plat Extension for Saddleback Ridge
Estates located at 330 through 360 West Bob Jones Road. Current Zoning: SF-1A
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Single Family Residential District. SPIN Neighborhood #1. Request for extension to
June 7, 2010. A presentation was not made on this item.
Agenda Item No. 4N. ZA06-185, Final Plat Extension for Saddleback Ridge Estates
located at 330 through 360 West Bob Jones Road and 4640 North White Chapel
Boulevard. Current Zoning: SF-1A Single Family Residential District. SPIN
Neighborhood #1. Request for extension to January 19, 2010. A presentation was not
made on this item.
Agenda Item No. 4O. Authorize the purchase of a Pierce Quantum Pumper from Martin
Apparatus, Inc. in the amount of $559,994. A presentation was not made on this item.
Agenda Item No. 4P. Resolution No. 08-053 (ZA08-092), Specific Use Permit for Myan
Plaza (carport) on property being described as Lot 3R, Block 3, Cornerstone Business
Park Addition and being located at 520 Silicon Drive. Current Zoning: O1 – Office
District. SPIN Neighborhood #7. This item was withdrawn by the applicant.
nd
Agenda Item No. 4Q. Ordinance No. 480-571, 2 Reading (ZA08-083), Zoning Change
for 200 South Peytonville Avenue being Tract 3C2, W. R. Eaves Survey, Abstract No.
500, and being located at 200 South Peytonville Avenue. Current Zoning: S-P-2
Generalized Site Plan. Proposed Zoning: a zoning district which represents the highest
and best use of property as provided in the City’s Comprehensive Zoning Ordinance
No. 480, as amended.SPIN Neighborhood #16. This item was tabled to the December
2, 2008 City Council meeting.
nd
Agenda Item No. 4R. Ordinance No. 480-572, 2 Reading (ZA08-084), Zoning Change
for 210 South Peytonville Avenue on property being Tract 3C2A, W. R. Eaves Survey,
Abstract No. 500. Current Zoning: S-P-2 Generalized Site Plan District.Proposed
Zoning: a zoning district which represents the highest and best use of property as
provided in the City’s Comprehensive Zoning Ordinance No. 480, as amended. SPIN
Neighborhood #16. This item was tabled to the December 2, 2008 City Council meeting.
nd
Agenda Item No. 4S. Ordinance No. 480-573, 2 Reading (ZA08-085), Zoning Change
for 240 South Peytonville Avenue on property being Lot 3, Akard Addition. Current
Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: S-P-1 Detailed Site Plan
District or a zoning district which represents the highest and best use of property as
provided in the City’s Comprehensive Zoning Ordinance No. 480, as amended. SPIN
Neighborhood #16. This item was tabled to the December 2, 2008 City Council meeting.
nd
Reading (ZA08-086), Zoning Change
Agenda Item No. 4T. Ordinance No. 480-574, 2
for 260 South Peytonville Avenue on property being Lot 2, Akard Addition. Current
Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: O-1 Office District or a
zoning district which represents the highest and best use of property as provided in the
City’s Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood
#16. This item was tabled to the December 2, 2008 City Council meeting.
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nd
Agenda Item No. 4U. Ordinance No. 480-575, 2 Reading (ZA08-087), Zoning Change
for 280 South Peytonville Avenue on property being Lot 1, Akard Addition. Current
Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: O-1 Office District or a
zoning district which represents the highest and best use of property as provided in the
City’s Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood
#16. This item was tabled to the December 2, 2008 City Council meeting.
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Agenda Item No. 4V. Ordinance No. 480-577, 1 Reading (ZA08-044), Zoning Change
and Site Plan for Regents Park on property described as Tracts 2C14 and 2C15, Jessie
G. Allen Survey, Abstract No. 18 and being located at 2580 West Southlake Boulevard
and 2530 West Southlake Boulevard. Current Zoning: SF-1A Single Family Residential
District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15.
This item was administratively tabled to the December 2, 2008 City Council meeting.
st
Agenda Item No. 4W. Ordinance No. 480-578, 1 Reading (ZA08-075), Zoning Change
and Development Plan for Ridgeview at Southlake being Tracts 2A, 2A1, 2A5C, and
2A6 in the W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and 1C, Thomas J.
Thompson Survey, Abstract No. 1502, and located at 505, 507, 511, 515, and 519
Davis Boulevard. Current Zoning: AG Agricultural District, S-P-1 Detailed Site Plan
District, and SF-20A Single Family Residential District. Proposed Zoning: TZD
Transition Zoning District. SPIN Neighborhood #16. This item was administratively
tabled to the December 2, 2008 City Council meeting.
Agenda Item No. 9A. Consider SP08-161, Variance to the Shady Oaks Office Park
Conditional Sign Permit for Guaranty Bank located at 600 West Southlake Boulevard,
Suite 110. Deputy Director Killough presented this item to Council during the work
session.
Motion was made to approve consent agenda items 4A; 4B; 4D; 4E; 4F; 4G; 4H to
approve the selection of artists Liz Bonham and Archie St. Clair; 4I; 4J; 4K; 4L; 4M; 4N;
4O; to table item 4Q to the December 2, 2008 regular City Council meeting; to table
item 4R to the December 2, 2008 regular City Council meeting; to table item 4S to the
December 2, 2008 regular City Council meeting; to table item 4T to the December 2,
2008 regular City Council meeting; to table item 4U to the December 2, 2008 regular
City Council meeting; to administratively table item 4V to the December 2, 2008 regular
City Council meeting; to administratively table item 4W to the December 2, 2008 regular
City Council meeting; and 9A making this variance to the conditional sign permit
specifically related to the sign that was presented tonight and that any changes in
lettering or colors will require approval by City Council and requiring placement and
construction of the proposed sign to be done with the approval and supervision of the
landscape administrator.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
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REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during public forum.
Mayor Wambsganss announced Council would consider Item 6G next.
Agenda Item No. 6G. ZA08-097, Site Plan for Whites Chapel Cemetery on property
being approximately 2.3 acres located at the southeast corner of East Southlake
Boulevard and South White Chapel Boulevard and being located at 121 East Southlake
Boulevard and 121 South White Chapel Boulevard. Current Zoning: CS Community
Service District. SPIN Neighborhood #9W. Director Baker presented this item to
Council.
Mayor Wambsganss opened the public hearing.
Mary Haney, President of the Whites Chapel Cemetery Association, made a
presentation to Council and answered questions.
Mayor Wambsganss closed the public hearing.
Motion was made to approve ZA08-097, Site Plan for Whites Chapel Cemetery granting
the requested variance as presented.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
nd
Agenda Item No. 6A. Ordinance No. 480-564, 2 Reading (ZA08-031), Zoning Change
and Development Plan for Carillon Southlake on property located at the northeast
corner of State Highway 114 and North White Chapel Boulevard, described as Tracts 1,
2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1, and 3B2, Larkin H. Chivers Survey, Abstract
No. 300 and Tracts 3 and 4A1, Absolom H. Chivers Survey, Abstract No. 299. Said
property also being currently addressed 1500 and 1900 North Carroll Avenue, 1801
North White Chapel Blvd, and 100, 202, 250, 300, 320, and 350 East State Highway
114. Current Zoning: NR-PUD Non-Residential Planned Unit Development District and
C-2 Local Retail Commercial District. Requested Zoning: ECZ Employment Center
Zoning District. SPIN Neighborhood #5. Director Baker presented this item to Council.
Applicant Jeff Kennemer and David Carr with Hines, 5215 North O’Connor Boulevard,
Las Colinas, Texas presented this item to Council and answered their questions.
Council discussed this item. 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;
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GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACTS 3 AND
4A1 SITUATED IN THE A. CHIVERS SURVEY ABSTRACT NO. 299 AND TRACTS 1,
2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1AND 3B2 SITUATED IN THE L. CHIVERS
SURVEY ABSTRACT NO. 300, BEING APPROXIMATELY 285 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR-PUD" NON-
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AND “C-2” LOCAL
RETAIL COMMERCIAL DISTRICT TO “ECZ” EMPLOYMENT CENTER ZONING
DISTRICT AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN AND
INCLUDING THE USES AND 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.
Mayor Wambsganss opened the public hearing.
Randall McCauley, 2805 Carrick Court, Southlake, Texas, spoke in support.
Fran Waldman, 713 Longford Drive, Southlake, Texas, spoke in support.
Kai Fischer, 602 Bordeaux Drive, Southlake, Texas, spoke in support.
John Jay, 540 Round Hollow Lane, Southlake Texas, spoke in opposition.
Robert Zimmerman, 515 Round Hollow Lane, Southlake, Texas, spoke in opposition.
Kathleen V. Simpson, 104 Brentwood Circle, Southlake, Texas, spoke in opposition.
Mayor Wambsganss read comment cards from those who did not wish to speak but
wanted to record their opposition:
David Flexer, 917 Silverton, Southlake, Texas;
Peter Hubel, 406 Marshall Road, Southlake, Texas;
Debbie Jay, 540 Round Hollow Lane, Southlake, Texas;
Glenn Jost, 116 Brentwood Circle, Southlake, Texas;
Neil McNabnay, 419 Marshall Road, Southlake, Texas;
Terri and Vik Suresh, 565 Round Hollow Lane, Southlake, Texas;
Tanya Thomopoulos, 132 Londonberry Terrace, Southlake, Texas, “What are we going
to do with more office space! Not very forward thinking as corporations are
moving away from bricks and mortar space.”; and,
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Jami Zimmerman, 512 Round Hollow Lane, Southlake, Texas.
Mayor Wambsganss read comment cards from those who did not wish to speak but
wanted to record their support:
Kevin Archer, 808 Longford Drive, Southlake, Texas, “Quality developer with a solid
track record!”;
Andrea Becicka, 1545 East Southlake Boulevard, Southlake, Texas;
Brad Cavnar, 1501 Corporate Circle, Southlake, Texas;
Giovanna Phillips, 1501 Corporate Circle, Suite 100, Southlake, Texas;
Michael L. Waldman, 713 Longford Drive, Southlake, Texas; and,
Brian Zvonecek, 513 Fox Glen, Southlake, Texas.
Greg Standerfer spoke in support.
Chuck Simpson, 104 Brentwood Circle, Southlake, Texas spoke in opposition.
Mayor Wambsganss closed the public hearing.
Mick Durandland, the architect for an Opus development in Highland Village, answered
questions of Councilmembers.
Council continued to discuss this request.
Mr. Kennemer continued to answer Council’s questions.
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Motion was made to approve Ordinance No. 480-564, 2 Reading (ZA08-031), Zoning
Change and Development Plan for Carillon Southlake subject to Development Plan
Review Summary No. 7, dated November 12, 2008 subject to the following:
A. Granting the following modifications:
1. Item 1A: Allowing block lengths as shown on the development plan
2. Item 1B: Addressing off-street parking, allowing placement of off-
street parking placed as shown on the development plan
3. Item 1C: Allowing cul-de-sacs as shown on the development plan
B. Granting the following variance:
1. Item 2: Granting the driveway stacking variance as shown on the
development plan
C. Plans and architecture:
1. Development Plans: Approval based on the plan received by the City
November 10, 2008 and presented to City Council on November 18,
2008 for Plan B: including raised platform Villas, not the Maisons:
a. Requiring that any of the Villas less than 10 feet apart must
have sprinkler systems in accordance with the Fire Marshal’s
requirements
2. Architectural plans: including all architectural graphic representations
as submitted in the zoning booklet and this evening. To the extent
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there is any conflict with those two items, the latest submittals shall
prevail.
3. Including all architectural controls for commercial and residential as
presented in the Development Standard Tables 7.0 and 7.1 and as
presented this evening by the applicant.
4. Including the proposed Phasing Plan, recognizing some flexibility as
we will discuss at a later time but noting how their Phasing Plan is
scheduled.
D. Uses - Uses to be in accordance with development regulations submitted in the
zoning booklet as submitted including:
1. “Development Plan Changes since original submittal” listed and as
received by the City on November 10, 2008 and utilized at the
Council work session.
2. Also including items discussed this evening:
a. Noting that any grocery requests would need to be submitted
as a Specific Use Permit (SUP)
b. Subject to staff’s presentation this evening
c. Subject to the applicant’s representations this evening
E. Miscellaneous:
1. Requiring that the applicant prepare and provide a final zoning
booklet and plans that represent the motion as approved.
2. Including the preferred tree species list proposed for Kirkwood
Boulevard.
3. Including the requirement that construction access be limited to State
Highway 114 and White Chapel between State Highway 114 and
Kirkwood.
4. Accepting the applicant’s commitment to construct a retaining wall on
the Boudreaux property as discussed.
5. Disallowing construction vehicle “advertising signage” along State
Highway 114.
6. Future site plans to be consistent with the Carillon’s landscape
concept and park and open space plans as detailed in the zoning
booklet.
7. To discuss at a future date, the removal of the bridge located close
to Carroll Avenue and to work with Department of Public Safety on
that item.
8. Requiring the sidewalk along the east side of the lake park as shown
on the plan.
9. The applicant’s willingness and representation to construct 60-acre
feet for storm water and also understanding that with the initial
phasing, the applicant will construct the detention portion of both
lakes immediately and will complete both full retention and park
lakes as soon as the applicant starts Phase 3.
10. Requiring masonry fencing or walls along the entire Kirkwood
frontage back fences to any of those properties.
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11. The applicant will also look at the parking along State Highway 114
prior to Site Plan that is still up for discussion.
12. The applicant has agreed to construct a minimum 6 foot masonry
screening wall along the Thrasher property.
13. Agreement on a 5 year build out of Kirkwood, if after 5 years the City
or anyone else decides to construct Kirkwood as it goes on to the
east the applicant has agreed to finish out any remaining part of
Kirkwood on their property.
14. Allowing no cedar fencing along Kirkwood.
15. Requiring masonry fencing along Kirkwood, Carroll Avenue and
Primrose.
Motion: Terrell
Second: Stansell
Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 10:13 p.m. and reconvened the meeting at
10:32 p.m.
Agenda Item No. 6B. Resolution No. 08-045, Amendments to the City’s Mobility and
Master Thoroughfare Plan, an element of the Southlake 2025 Plan, the City’s
Comprehensive Master Plan, to include the future alignment of Kirkwood Boulevard,
north of State Highway 114 and North Carroll Avenue. 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:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
FOR AMENDMENT TO THE ADOPTED MOBILITY AND MASTER THOROUGHFARE
PLAN MAP TO INDICATE THE GENERAL ALIGNMENT OF KIRKWOOD
BOULEVARD AND AMEND THE FUNCTIONAL CLASSIFICATION OF NORTH
CARROLL AVENUE FROM STATE HIGHWAY 114 TO DOVE STREET.
Mayor Wambsganss opened the public hearing and read a comment card from Andrew
Kuster, 240 Glenrose Court, Southlake, Texas who did not wish to speak but wanted to
record his support.
No one else spoke during the public hearing.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Resolution No. 08-045, Amendments to the City’s Mobility
and Master Thoroughfare Plan, an element of the Southlake 2025 Plan, the City’s
Comprehensive Master Plan, to include the future alignment of Kirkwood Boulevard
north of State Highway 114 and North Carroll Avenue with a note to the portion of North
Carroll Avenue from Dove Street to State Highway 114 that states “Retain the existing
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designation of A2U (88’) with the provision to improve the roadway to an A4D (88’)
arterial when traffic counts warrant.”
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
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Agenda Item No. 6C. Ordinance No. 480-576, 2 Reading (ZA08-078), Zoning Change
and Site Plan for Bicentennial Park on property being described as Lot 2R2, L.B.G. Hall
No. 686 Addition and being Tracts 1, 1B, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2B1,
3C, 3C1, 3C1A, 3D, 3D1A and 3D6 L.B.G. Hall Survey, Abstract No. 686 and being
located at 400 North White Chapel Boulevard, 300 and 450 West Southlake Boulevard
and 275-315 Shady Oaks Drive. Current Zoning: CS Community Service District and
AG Agricultural District. Requested Zoning: CS Community Service District. SPIN
Neighborhood #13. Director Baker and Interim Director Tribble presented this item to
Council in conjunction with item 6D. 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 DESCRIBED AS TRACTS 2A
AND 3C1 SITUATED IN THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686,
SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 6
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
“AG” AGRICULTURAL DISTRICT TO “CS” COMMUNITY SERVICE 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.
Mayor Wambsganss opened the public hearing.
Claudia Pillow, 575 Love Henry Court, Southlake, Texas spoke in opposition and
submitted two petitions to Council.
Timothy Pillow, 575 Love Henry Court, Southlake, Texas, spoke in opposition.
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Russell Floyd, 1609 Regal Oaks Drive, Southlake, Texas, spoke in support.
Francis Nathan, 535 Love Henry Court, Southlake, Texas, spoke in opposition.
Harold Annis, 490 Love Henry Court, Southlake, Texas, spoke in opposition and
submitted a letter to City Council.
Kim Campbell, 495 Love Henry Court, Southlake, Texas, spoke in opposition.
Ed Stefanko, 320 Green Oaks Lane, Southlake, Texas, spoke in opposition.
Mike Reinhart, 530 Love Henry Court, Southlake, Texas, spoke in opposition.
Mayor Wambsganss read comment cards from those who did not wish to speak but
wanted to record their opposition:
Nancy Alletto, 109 Londonberry Terrace, Southlake, Texas;
Angela Annis, 490 Love Henry Court, Southlake, Texas;
Bobbie Heller, 124 Londonberry Terrace, Southlake, Texas; and,
Sandi Olkkola, 112 Londonberry Terrace, Southlake, Texas.
Mayor Wambsganss read comment cards from those who did not wish to speak but
wanted to record their support:
Michael DeNicola, 1680 Bent Creek Drive, Southlake, Texas, “Support completely
Bicentennial Park plan and want it to be completed on time and as planned.”;
William Faris, 1801 Rustling Brook Court, Southlake, Texas;
Ken Goodman, 1218 Ridgewood, Southlake, Texas;
Oscar C. Gomez, 1711 Byron Nelson Parkway, Southlake, Texas;
Mike McClanahan, 306 Quail Court, Southlake, Texas;
Giovanna Phillips, 1501 Corporate Circle, Suite 150, Southlake, Texas; and,
Rob Ward, 704 Kent Court, Southlake, Texas.
Kai Fischer, 602 Bordeaux Drive, Southlake, Texas, spoke in support.
Mayor Wambsganss closed the public hearing.
Council continued their discussion of this item and asked questions of city staff as well
as Terry Cheek, President of Schrikel Rollins and Associates and James Williams, Lead
Project Manager, of Schrikel Rollins and Associates.
nd
Motion was made to approve Ordinance No. 480-576, 2 Reading (ZA08-078), Zoning
Change and Site Plan for Bicentennial Park granting the requested variances; noting
that the batting cages will not be part of this approval but will be revisited by staff to
determine their best location; adding the additional plantings as presented; noting the
operating hours as presented and discussed; noting the batting fields and batting cages
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will be secured as presented by staff; approving lighting option #2 as presented by staff;
adding a 10-foot board-on-board capped, stained wood fence along the property line on
the north side and adding a gate for Mr. Wayland as well; and subject to Revised Site
Plan Review Summary No. 1, dated October 15, 2008.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6D. ZA08-094, Plat Revision for Bicentennial Park on property being
described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1B, 1C1, 1C2,
1C3, 1E, 2A, 2A1, 2A2, 2B, 2B1, 3C, 3C1, 3C1A, 3D, 3D1A and 3D6 L.B.G. Hall
Survey, Abstract No. 686 and being located at 400 North White Chapel Boulevard, 300
and 450 West Southlake Boulevard and 275-315 Shady Oaks Drive. Current Zoning:
CS Community Service District and AG Agricultural District. Proposed Zoning: CS
Community Service District. SPIN Neighborhood #13. Director Baker presented this
item to Council in conjunction with item 6C.
Motion was made to approve ZA08-094, Plat Revision for Bicentennial Park subject to
Plat Review Summary No. 1, dated October 9, 2008.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss called for a break at 12:35 a.m. and reconvened the meeting at
12:41 a.m.
nd
Agenda Item No. 6E. Ordinance No. 480-491a, 2 Reading (ZA08-093), Zoning
Change and Site Plan for Morrison Office Park on property being described as Tract 1A,
Samuel Freeman Survey, Abstract No. 525 and being located at 2720 East State
Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning:
S-P-2 Generalized Site Plan District. SPIN Neighborhood #6. Deputy Director Killough
presented this item to Council. The applicant was present but did not speak. 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 1A, SITUATED IN THE S. FREEMAN SURVEY, ABSTRACT NO. 525; AND
BEING 6.19 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH “O-1”
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OFFICE DISTRICT USES TO INCLUDE LIMITED “C-3” GENERAL COMMERCIAL
DISTRICT USES TO “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH “O-1”
OFFICE DISTRICT USES TO INCLUDE LIMITED “C-3” GENERAL COMMERCIAL
DISTRICT USES, 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.
nd
Motion was made to approve Ordinance No. 480-491a, 2 Reading (ZA08-093), Zoning
Change and Site Plan for Morrison Office Park granting the requested variances; noting
the covered parking will be permitted accessory structures; and subject to Site Plan
Review Summary No. 1, dated October 3, 2008.
Motion: Terrell
Second: Muzkya
Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
nd
Agenda Item No. 6F. Ordinance No. 947, 2 Reading, Vacate and abandon a 15’
waterline easement and a 20’ temporary construction easement located in the Samuel
Freeman Survey, Abstract No. 525 and recorded in volume 15934, page 278,
D.R.T.C.T. Deputy Director Killough 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 VACATING AND ABANDONMENT OF A 15 FOOT WATERLINE
EASEMENT AND ACCOMPANYING 20 FOOT CONSTRUCTION EASEMENT
LOCATED ON THE SAMUEL FREEMAN ABSTRACT NO. 525 AND RECORDED IN
VOLUME 15934, PAGE 278, D.R.T.C.T. IN THE CITY OF SOUTHLAKE; DECLARING
THAT SUCH EASEMENTS ARE UNNECESSARY FOR USE BY THE PUBLIC;
AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING
PUBLIC INTEREST OF THESE EASEMENTS; PROVIDING A SEVERABILTY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
nd
Motion was made to approve Ordinance No. 947, 2 Reading, Vacate and abandon a
15’ waterline easement and a 20’ temporary construction easement located in the
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Samuel Freeman Survey, Abstract No. 525 and recorded in volume 15934, page 278,
D.R.T.C.T.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 6G. ZA08-097, Site Plan for Whites Chapel Cemetery on property
being approximately 2.3 acres located at the southeast corner of East Southlake
Boulevard and South White Chapel Boulevard and being located at 121 East Southlake
Boulevard and 121 South White Chapel Boulevard. Current Zoning: CS Community
Service District. SPIN Neighborhood #9W. This item was considered earlier in the
evening.
Agenda Item No. 6H. ZA07-144, Site Plan for Lot 1, Players Circle on property being
legally described as Lot 1, Block 1, Players Circle Addition and being located at 1901
West Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN
Neighborhood #16. Deputy Director Killough presented this item to Council. Applicant
Bennett Liu of Irving, Texas answered Council’s questions.
Council discussed this request and expressed concerns about the size of the building.
After discussion, the applicant asked to table this item to further evaluate the building
size.
Motion was made to table ZA07-144, Site Plan for Lot 1, Players Circle to the December
2, 2008 regular City Council meeting.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Tabled: 7-0
st
Reading (ZA08-059), Zoning Change
Agenda Item No. 7A. Ordinance No. 480-570, 1
and Site Plan for The Plaza at Southlake Boulevard on property being described as a
portion of Tract 4G, O.W. Knight Survey, Abstract No. 899 and being located at 400
South Carroll Avenue (per Tarrant County Appraisal District records) and also being at
1001 East Southlake Boulevard (as assigned by the City of Southlake). Current Zoning:
AG Agricultural. Requested Zoning: S-P-2 Generalized Site Plan District with C2 Uses
Light Retail Commercial District. SPIN Neighborhood #9E. Deputy Director Killough
presented this item to Council. Applicant Tom Wouters of Realty Capital answered
Council’s questions.
st
Motion was made to approve Ordinance No. 480-570, 1 Reading (ZA08-059), Zoning
Change and Site Plan for The Plaza at Southlake Boulevard subject to applicant’s
representations made this evening; subject to applicant’s willingness to put a minimum
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of 80% brick on all of the buildings; and subject to Site Plan Review Summary No. 5,
dated November 11, 2008, approving the requested variances and applicant’s
agreement to place a right-in/right-out driveway on Southlake Boulevard (F.M. 1709).
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
1:36 a.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary’s Office.
______________________________
Andy Wambsganss
Mayor
ATTEST:
______________________________
Lori Payne, TRMC
City Secretary
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