Item 5ACity of Southlake
CITY COUNCIL MEETING
April 1, 2002
MINUTES
CITY COUNCIL PRESENT Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Councilmembers:
Rex Potter, Greg Standerfer, and Tom Stephen.
CITY COUNCIL ABSENT: Keith Shankland.
STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant
to the City Manager John Eaglen, Community Services Director Kevin Hugman, Finance Director Sharen
Elam, Planning Director Bruce Payne, Senior Planner Dennis Killough, Senior Planner Ken Baker, Public
Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Senior Civil
Engineer Mike Hutchison, Assistant to the Public Works Director Valerie Bradley, Economic
Development Director Greg Last, Director of Public Safety Rick Black, Plans Examiner Skip
Vandergrift, Police Chief Marlin Price, Manager of Technical Services Gary Gregg, City Attorney Debra
Drayovitch, Acting City Secretary Kim Bush, and Administrative Secretary Lori Farwell.
WORK SESSION The work session was called to order by Mayor Stacy at 5:35 p.m.
REGULAR SESSION
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 6:17 p.m.
Agenda Item No. 2A, Executive Session: Mayor Stacy announced that the City Council would be going
into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city
attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding
personnel matters; Section 551.086, deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 6:17 p.m.
Agenda Item No. 2B, Reconvene: Mayor Stacy announced at 6:45 p.m. that the Town Hall flags would
be replaced by a Cub Scout troop and asked everyone to join together outside for the ceremony. City
Council reconvened at 7:03 p.m. There was no action necessary as a result of the Executive Session.
Agenda Item No. 3, Invocation. The invocation was presented by Mayor Pro Tem Evans.
Agenda Item No. 4,
A. Mayor's Report: Mayor Stacy announced upcoming meetings and events. The Mayor
presented Rosemary Hutchins of Keep Southlake Beautiful a proclamation for the Great
American Cleanup and presented Tad Stephens an appreciation plaque for his service on the
SPDC Board.
B. City Manager's Report: City Manager Billy Campbell congratulated Director of Planning
Bruce Payne and wife Mary on the birth of their baby boy.
C. SPIN Report: Jeff Wang, SPIN Representative for SPIN 97, 595 S. Kimball Avenue,
Southlake. Mr. Wang briefed the Council on upcoming SPIN meetings.
D. Library Board Report: None
E. Committee Reports: None
F. Local Business Report: Economic Development Director Greg Last introduced Jeff Jaynes,
Quizno's Subs, who made a brief presentation to City Council.
UNOFFICIAL City Council Meeting Minutes, April], 2002, Page I of]]
Consent Agenda Items:
5A. Approval of the minutes of the City Council meeting held on March 19, 2002 Approved as
presented.
5B. Resolution No. 02 -019, Appointment to the Metroport Teen Court Advisory Board to fill the
unexpired term of Patsy DuPre The City Council appointed Councilmember Keith Shankland to
the board.
5C. Resolution No. 02 -023. Authorizing a steering committee of affected cities to retain legal counsel
and rate case consultants; authorizing the cities to intervene in related dockets before the Texas
Railroad Commission; and suspending the proposed tariff and schedule of rates of TXU Gas
Distribution Company On March 1, 2002, TXU Gas Distribution Company filed a Statement of
Intent with 111 cities to increase the rates charged for natural gas service. The resolution
authorizes the City to participate jointly with other cities in the distribution system to
independently analyze the gas rate filing and to appoint a representative to a steering committee.
Staff recommends approval of this resolution which also suspends the proposed effective date of
the rate change for an additional 90 days.
5D. Award of contract to Wright Construction, Inc., for the construction of the N -4 sewer interceptor
from North Kimball Avenue to Town Square at SH 114 Staff recommends that the contract be
awarded to Wright Construction Inc., in the amount of $209,097.00. In addition, $36,300.00 is
requested for directional drilling if field conditions require, as well as a 6% project contingency in
the amount of $14,723.82 for unanticipated items for a total amount of $260,120.80. Funds are
available from a surplus in the completed S -7 Sanitary Sewer Project of the FY1999 -00 CIP.
5E. Approval of the addition of a custodian for Town Hall janitorial services Staff recommends
approval of the addition of a custodian position to the Support Services budget (105) for
FY2001 -02.
5F. Annroval of a Professional Services Agreement with Graham and Associates. Inc.. for the design
of intersection improvements to FM 1709 and FM 1938 (Randol Mill) Staff recommends
approval of a Professional Services Agreement between the City and Graham and Associates,
Inc., in the amount of $163,352.32 that will be paid for with Traffic Management Bond Program
funds budgeted for this project.
5G. ZA02 -015, Site Plan for Summit Avenue Same Day Surgery — Southlake Town Square, Phase III,
Block 23 . Tabled to the April 16, 2002, City Council meeting.
5H. Zoning Ordinance No. 480 -00, 1S Reading, Amendment to the Comprehensive Zoning Ordinance
No. 480, as amended, Section 40 "Development Plans and Site Plans Tabled to the April 16, 2002,
City Council meeting.
8A. Ordinance No. 480 -275a_ 1S Reading (ZA01 -124) Rezoning and Concebt Plan for Remington
Retirement Community located on the south side of West Southlake Boulevard (FM 1709), south of
the intersection of West Southlake Boulevard (FM 1709) and West Jellico Circle. Current Zoning -
S-P-2 - Generalized Site Plan District to include personal care facility, nursing care facility, and (senior)
multi - family residential uses. Requested Zoning: S -P -2 - Generalized Site Plan District to include
personal care facility, nursing care facility, (senior) multi - family residential and (senior) two - family
residential uses Tabled at the request of the applicant to the May 21, 2002, City Council meeting.
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8B. ZA01 -125. Site Plan for Reminaton Retirement Communitv located on the south side of West
Southlake Boulevard (FM 1709), south of the intersection of West Southlake Boulevard (FM 1709)
and West Jellico Circle. Current Zoning: S -P -2 - Generalized Site Plan District to include personal care
facility, nursing care facility, and (senior) multi - family residential uses. Proposed Zoning: S -P -2 -
Generalized Site Plan District to include personal care facility, nursing care facility, (senior) multi-
family residential and (senior) two - family residential uses Tabled at the request of the applicant to the
May 21, 2002, City Council meeting.
8C. Ordinance No. 480 -393, 1St Reading (ZA02 -016) Rezoning and Concept Plan — St. John Baptist
Church, being approximately 10 acres of land located on the southwest corner of Crooked Lane
and S. Kimball Avenue extension. Current Zoning: I -1 — Light Industrial District. Requested
Zoning: CS — Community Service District The purpose of this request is to receive proper zoning
for construction of a church. Staff recommends approval subject to Concept Plan Review
Summary No. 2, dated March 15, 2002, as approved by P &Z at its March 21 meeting.
8D. Ordinance No. 480 -394. 1S Reading (ZA02 -025) Rezoning on abbroximately 31 acres of land
located on the northwest corner of SH 26 and Mustang Drive. Current Zoning: AG — Agricultural
District and I -2 — Heavy Industrial District. Requested Zoning: I -1 — Light Industrial District The
purpose of this request is to receive proper zoning for industrial development. P &Z recommended
approval at its March 21 meeting.
8F. Ordinance No. 825, 1S Reading, Prohibiting the keeping of wild and dangerous animals Recently
passed House Bill 1362 requires cities to create a certificate of registration program for the local
licensing of certain dangerous and wild animals. As an alternative, the legislation allows cities to
altogether prohibit the ownership, possession, or confinement of wild animals. Staff recommends
approval of first reading of the ordinance.
10A. Request for a variance to Sign Ordinance No. 704 -A for Quizno's Classic Subs located at 2301
W. Southlake Boulevard, Suite 500 Geoffery James of Quizno's Classic Subs requested a
variance to install two signs on a lease space with only one street frontage but at different angles.
The Council approved the signs with no letters larger than 18 inches.
Motion was made to approve consent agenda item #s 5A, 5B, 5C, 5D, 5E, 5F, 5G (to table), 5H (to
table), 8A (to table), 8B (to table), 8C, 8D, 8F, and 10A.
Motion: Standerfer
Second: Stephen
Ayes: Stephen, Evans, Standerfer, Potter, Stacy
Nays: none
Approved: 5 -0
Regular Agenda Items:
Agenda Item No. 6. Public Forum.
Steve Kettering, 1505 Oak Lane, Southlake, Texas, spoke regarding the process of citizens attending
City Council meetings and his frustration with the process in the past.
There were no other comments from the audience during the Public Forum.
Agenda Items 7A and 7B:
UNOFFICL4L City Council Meeting Minutes, April 1, 2002, Page 3 of II
7A. Ordinance No. 480 -337a, 2 Reading (ZA02 -006) Zoning Change and Concept Plan for Lot 1, Block 1,
and Lot 1, Block 2, Gateway Plaza, Phase II, located on the south side of SH 114, the north side of East
Southlake Boulevard (FM 1709), the east side of N. Nolen Drive, and the northwest corner of the intersection
of East Southlake Boulevard (FM 1709) and N. Nolen Drive (south of Costco). Current Zoning: SP-2
Generalized Site Plan District with C -3 General Commercial District uses. Requested Zoning: S -P -2
Generalized Site Plan District with C -3 General Commercial District uses. Senior Planner Dennis Killough
presented Ordinance No. 480 -337a. He stated that the P &Z Commission recommended approval at its March
7 meeting subject to Concept Plan Review No. 2, dated March 1, 2002, allowing approval of plan `A' as
previously approved and allowing plan `B' with amendments. City Council recommended approval of 0
reading at its March 19 meeting on consent.
7B. ZA02 -017, Revised Site Plan for Lot 1, Block 1, and Lot 1, Block 2, Gateway Plaza, Phase II, located on
the south side of SH 114, the north side of East Southlake Boulevard (FM 1709), the east side of N. Nolen
Drive, and the northwest corner of the intersection of East Southlake Boulevard (FM 1709) and N. Nolen
Drive (south of Costco). Current Zoning_: S -P -2 Generalized Site Plan District with C -3 General Commercial
District uses Senior Planner Dennis Killough presented ZA02 -017. He stated the P &Z Commission
recommended approval at its March 7 meeting subject to Site Plan Review Summary No. 2, dated March 1,
2002, allowing approval of plan `A' as previously approved and allowing plan B' with amendments. Applicant
Terry Wilkinson, 930 Parkview Lane, Southlake, Texas, was present to answer questions from the Council.
In accordance with Section 4.21 of the Charter, the caption for Ordinance No. 480 -337a 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 1, GATEWAY PLAZA, PHASE 2, ACCORDING
TO THE PLAT RECORDED IN CABINET A, SLIDES 6093, 6094, & 6095, PLAT
RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.1811
ACRES, AND PORTIONS OF TRACTS 3, 4, 5, 6, & 7, W.E. MAYFIELD
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 388 -C,
PAGE 4, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 17.0907 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM S -P -2 - GENERALIZED SITE PLAN
DISTRICT WITH C -3 - GENERAL COMMERCIAL DISTRICT USES TO S -P -2 -
GENERALIZED SITE PLAN DISTRICT WITH 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.
There were no comments from the audience during the Public Hearings for agenda item #s 7a and 7b.
Motion was made to approve Ordinance No. 480 -337a (ZA02 -006) 2n Reading, and ZA02 -017 approving
Site Plans `A' and B' as presented and subject to Revised Concept and Site Plan Review No. 2, dated April 1,
2002, and subject to P &Z's recommendation changing minimum articulation offset on north side of Building 3
UNOFFICL4L City Council Meeting Minutes, April 1, 2002, Page 4 of II
to two feet and adding tower type structure to the northeast corner and a vertical/horizontal offset in the
center.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Standerfer, Potter, Stephen, Stacy
Nays: none
Approved: 5 -0
Auenda Item No. 7C. Ordinance No. 480 -392. 2nd Reading (ZA02 -001) Zoning Chance for Torian Lane
Tracts 1Q and 1R Francis Throop Survey, Abstract No. 1511, located 500' west and approximately 650' north
of the intersection of East Dove Street and North Kimball Avenue on the west side of an unimproved road
known as Torian Lane. Current Zoning: AG Auricultural District. Reauested Zoniniz: SF-IA Single Familv
Residential District Senior Planner Dennis Killough presented Ordinance No. 480 -392. He stated that the
P &Z Commission recommended approval at its March 7 meeting and that it was approved on first reading by
the City Council at its March 19 meeting. He stated that due to the opposition of two adjacent property
owners, a super majority vote by City Council is required in order to approve this item. Applicant Mike Sandel,
9914 Rustleleaf, Dallas, Texas, was present to answer questions from the Council.
In accordance with Section 4.21 of the 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 1Q AND 1R, SITUATED IN THE FRANCIS THROOP
SURVEY, ABSTRACT NO. 1511, AND BEING 1.484 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AG - AGRICULTURAL
DISTRICT TO SF-IA - SINGLE FAMILY RESIDENTIAL 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.
There were no comments from the audience during the Public Hearing.
Motion was made to approve Ordinance No. 480 -392, ZA02 -001, 2nd Reading.
Motion:
Stephen
Second:
Evans
Ayes:
Standerfer, Potter, Stephen, Evans, Stacy
Nays:
none
Approved:
5 -0
Auenda Item 7D. Ordinance No. 480 -391. 2n Readiniz (ZA01 -134) Zoning Chansie for I.G. Belcher. Tract 32
Abstract 30, located approximately 1,050' west of N. White Chapel Boulevard and 2,400' north of Bob Jones
Road. Current Zoning: AG - Auricultural District. Reauested Zoning: SF-IA - Single Familv Residential
District. Senior Planner Dennis Killough presented Ordinance No. 480 -391. He stated that the P &Z
Commission recommended approval at its March 7 meeting and that the first reading of this item was approved
on consent by the City Council at its March 19 meeting. The applicant was not present.
UNOFFICL4L City Council Meeting Minutes, April I, 2002, Page 5 of 11
In accordance with Section 4.21 of the 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 32, SITUATED IN THE I.G. BELCHER SURVEY,
ABSTRACT NO. 30 -D, AND BEING APPROXIMATELY 4.265 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AG
AGRICULTURAL DISTRICT TO SF-IA - SINGLE FAMILY RESIDENTIAL
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.
There were no comments from the audience during the Public Hearing.
Motion was made to approve Ordinance No. 480 -391, ZA01 -134, 2n Reading.
Motion:
Stephen
Second:
Evans
Ayes:
Potter, Stephen, Evans, Standerfer, Stacy
Nays:
none
Approved:
5 -0
Agenda Item 7E. Resolution No. 02 -021 (ZA02 -026) Specific Use Permit for Art in the Square — Special
Events, on property described as Southlake Town Square, Phase I, and being 42.013 acres located on the
northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (FM 1709).
Current Zoning: NR -PUD - Non - Residential Planned Unit Development District to include C -3 - General
Commercial District uses Senior Planner Dennis Killough presented Resolution No. 02 -021. He stated that the
P &Z Commission recommended approval at its March 21 meeting granting a waiver for future applications
unless changes are made. Applicants Nancy Hormann (Cooper & Stebbins) and Sherri Whitt ( Southlake
Women's Club) were present to answer questions from City Council.
In accordance with Section 4.21 of the Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR SPECIAL EVENTS
ASSOCIATED WITH "ART IN THE SQUARE" ON PROPERTY WITHIN THE CITY
OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS SOUTHLAKE
TOWN SQUARE, PHASE I, AND BEING 42.013 ACRES, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE SITE
EXHIBITS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
"B" AND PROVIDING AN EFFECTIVE DATE.
There were no comments from the audience during the Public Hearing.
Motion was made to approve Resolution No. 02 -021, ZA02 -026, granting a waiver for future applications
unless significant changes are made.
Motion: Standerfer
UNOFFICL4L City Council Meeting Minutes, April I, 2002, Page 6 of II
Second: Evans
Ayes: Stephen, Evans, Standerfer, Potter, Stacy
Nays: none
Approved: 5 -0
Agenda Item 7F. Resolution No. 02 -022 (ZA02 -027) Specific Use Permit for Art in the Square — for the sale
of alcoholic beverages during the Special Events of Art in the Square, on property described as Southlake
Town Square, Phase I, and being 42.013 acres located on the northeast corner of the intersection of North
Carroll Avenue and East Southlake Boulevard (FM 1709). Current Zoning: NR -PUD - Non - Residential
Planned Unit Development District to include C -3 - General Commercial District uses Senior Planner Dennis
Killough presented Resolution No. 02 -022. He stated that the P &Z Commission recommended approval at its
March 21 meeting granting a waiver for future applications unless changes are made. Applicants Nancy
Hormann (Cooper & Stebbins) and Sherry Whitt ( Southlake Women's Club) were present to answer
questions.
In accordance with Section 4.21 of the Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC
BEVERAGES FOR ON- PREMISE CONSUMPTION ON PROPERTY WITHIN THE
CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS SOUTHLAKE
TOWN SQUARE, PHASE I, AND BEING APPROXIMATELY 42.013 ACRES,
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS
DEPICTED ON THE SITE EXHIBIT ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
There were no comments from the audience during the Public Hearing.
Motion was made to approve Resolution No. 02 -022, ZA02 -027, granting a waiver for future applications
unless significant changes are made.
Motion: Standerfer
Second: Evans
Ayes: Evans, Standerfer, Potter, Stephen, Stacy
Nays: none
Approved: 5 -0
Agenda Item 7G. Ordinance No. 826, 2n Reading, Abandonment and Quitclaim a portion of the Shady
Oaks Drive right -of -way Deputy Director of Public Works Charlie Thomas presented Ordinance No. 826.
The right -of -way abandonment was included in the negotiations with Rosemma Neill and Kay V. Gunn. City
Council approved the first reading of this item on consent at its March 19 meeting.
In accordance with Section 4.21 of the Charter, the caption for this item is listed as follows:
AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY IN
PORTIONS OF THE THOMAS BEEDY SURVEY, ABSTRACT NO. 72 IN THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH
PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE
MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP
INTEREST AND CONTROL OF SAID RIGHT -OF -WAY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
There were no comments from the audience during the Public Hearing.
UNOFFICL4L City Council Meeting Minutes, April I, 2002, Page 7 of II
Motion was made to approve Ordinance No. 826, 2 " Reading
Motion:
Standerfer
Second:
Evans
Ayes:
Standerfer, Potter, Stephen, Evans, Stacy
Nays:
none
Approved:
5 -0
Agenda Item 8E. Ordinance No. 480 -NN, I" Reading, Amendment to the Comprehensive Zoning
Ordinance No. 480, as amended, Sections 29 "MH — Manufactured Housing" district, Section 34
"Accessory Uses" and Section 44 "Board of Adjustments Senior Planner Dennis Killough presented
Ordinance No. 480 -NN. The purpose of this request is to allow detached single family residential
dwellings or "Site Built" structures within the MH - Manufactured Housing zoning district and to include
the "MH district in the list of accessory uses and special exception uses that are normally associated with
single family dwellings. The MH district currently permits only Manufactured Homes, Mobile Homes and
Modular or Prefabricated Homes within the list of permitted residential uses. Changes to setbacks, plan
requirements, and the effects residential adjacency are also proposed. The P &Z Commission approved
this ordinance at its March 21 meeting incorporating staff recommendations under (5.f.) and (5.h.),
Attachment A, Page 2. Applicant David McMahan of Four Peaks Development, Inc., made a presentation
to City Council.
The following persons spoke on this item:
Melanie Bell, 1904 Ptarmigan Street, Southlake, Texas was opposed to the number of lots since it
potentially may have more lots than there are currently. She stated her primary concerns as: minimum
square footage; type of construction; minimum lot size; total number of lots; open
space /trees /landscaping; drainage; street composition; residential adjacency; and setbacks.
Sue Johnson, 308 Lakeside Court, Southlake, Texas was opposed and said she prefers a zoning change
to PUD or single family. She also stated her primary concerns as: what will happen to this property if the
economy takes a down turn and the property changes hands; Mr. McMahan's method of going about this
request; and the notification process for this type of request.
Chris Smith, 1500 Oak Lane, Southlake, Texas was opposed with primary concerns regarding residential
adjacency, notification process, and existing large trees. He said he prefers PUD zoning and would prefer
to address this property as a zoning request.
Nancy Moffat, 1414 Whispering Dell Court, Southlake, Texas was opposed with primary concerns
regarding the increased impervious coverage and the notification process for this type of request. She
does not think increased density is the way to go.
Michael Carter, 1808 Native Dancer Place, Southlake, Texas was opposed. He said this is another step
in undoing the zoning restrictions that are currently in place.
Richard Sandow, 1750 Sleepy Hollow Trail, Southlake, Texas was opposed and said he wants
assurances in writing. He said the wording as it is written today does not provide for a quality product.
Terry Walter, 907 Westminster Way, Southlake, Texas was opposed and said this is not a site built and
MH zoning issue; it is a control issue.
Steve Kettering, 1505 Oak Lane, Southlake, Texas said he wants a small scale PUD on this property. He
questioned the process and challenged Council to do the right thing and make this work for everybody.
UNOFFICIAL City Council Meeting Minutes, April], 2002, Page 8 of]]
Mr. McMahan responded to residents' and Council's questions and suggestions. He went on record
saying he has advocated a reduction in size for PUDs for years.
Susan Johnson, 308 Lakeside Court, Southlake, Texas stated her opposition again and said she wants to
go with PUD zoning.
Wayne Lee, 1601 Regal Oaks Drive, Southlake, Texas, stated his support of this request. He said a
developer could not do a PUD on this property because the land was cut up long ago. He suggested
tweaking this ordinance to get the best project we can with Mr. McMahan.
Chris Smith, 1500 Oak Lane, Southlake, Texas said this property needs to be rezoned to PUD. He said
updates to ordinances should be raised by City Council.
Mayor Stacy called for a break at 10:26 p.m. He reconvened the meeting at 10:49 p.m.
Leroy Whitaker, 1200 Lansdowne Court, Southlake, Texas thinks the Council and the residents have
made a lot of progress this evening. He asked the Council to press forward tonight.
Kenneth Horne, 1215 Ashmoore Court, Southlake, Texas said we cannot do what was suggested earlier
regarding approving this ordinance just for this property because that would be spot zoning. He asked
why there was not a SPIN meeting on this subject which could have resolved many of these issues.
Mayor Stacy summarized the discussion so far and asked for comments from the audience again. He
suggested that Mr. McMahan meet with the homeowners before the 2n reading and try to address some
of their issues.
Wayne Lee, 1601 Regal Oaks Drive, Southlake, Texas, suggested that Council move forward with
discussions and try to get something they can all be proud of out there.
Chris Smith, 1500 Oak Lane, Southlake, Texas said patience always brings good things. He thinks it
would be better to look at this as a PUD.
Melanie Bell, 1904 Ptarmigan Street, Southlake, Texas said this is too important to be pushed through.
She asked Council to vote no tonight. She thinks it is in the best interest of Southlake and everybody
involved to not rush this.
Jan Francis, 1211 Ashmoore Court, Southlake, Texas said a citywide SPIN meeting cannot be done in
less than two weeks.
Bill Stonaker, Los Robles, Grapevine, Texas urged Council to move forward with David McMahan. He
said we have a good deal here, and we had better take it while we can get it.
Jamie Cadiz, 707 Chaucer Court, Southlake, Texas said this project needs to go through the right
channels.
Kevin Hoverton, 800 Westminster Way, Southlake, Texas stated his concern is with the other MH
districts in town and the impact of this request on those districts.
UNOFFICIAL City Council Meeting Minutes, April], 2002, Page 9 of]]
The following persons did not speak but submitted opposition in writing:
Bob Bonchak, 1820 Hunter's Creek Drive, Southlake, Texas
Ben and Mary Jo Wood, 1475 Cedar Court, Southlake, Texas
The following persons did not speak but submitted support in writing:
Frank A. Ritz, Ritz Properties, P. O. Box 1530, Colleyville, Texas
Todd B. Handwerk, Calais Custom Homes, 365 Miron Drive, Suite A, Southlake, Texas
Councilmember Potter said he wants to go back and revisit the PUD. He said that we should fix the
situation by rezoning the property and not change the ordinance to fix the problem.
Councilmember Stephen said he wants to move forward tonight and let the applicant have the SPIN
meeting with the residents. He said he understands where the residents are coming from regarding the
PUD, but the problem is we don't have a PUD here - the property is already zoned MH. If it was
unzoned, then he would agree with the residents.
Councilmember Standerfer said he will vote no unless the applicant agrees to table this to the May 7
meeting instead of the next meeting on April 16. He wants to give the SPIN process time. He said if we
do not allow for time to hold a meeting then we will come back in two weeks and be in the same position
we are now.
Mr. McMahan agreed to hold a SPIN meeting and not request a second reading until May 7 in order for
there to be enough time for the city to organize a SPIN meeting.
Several members of the audience commented that they still would not be willing to move forward with
this request.
Motion was made to deny Ordinance No. 480 -NN, l't Reading.
Motion: Standerfer
Second: Potter
Before the vote was called, a discussion was held to move forward with the request tonight with the
stipulation that Mr. McMahan not bring the request back until a SPIN meeting could be held to work out
some of the concerns discussed tonight.
Ayes: Potter
Nays: Stephen, Evans, Standerfer, Stacy
Motion failed: 1 -4
Motion was made to approve Ordinance No. 480 -NN, lgt Reading, allowing site built homes; allowing
minimum 7,800 s.f lots; allowing minimum 10' side yard setbacks; tabling the 2n Reading of the
ordinance to the May 7 Council meeting; and requiring a citywide SPIN meeting before the 2n Reading.
Motion: Standerfer
Second: Stephen
Ayes: Stephen, Evans, Standerfer, Stacy
Nays: Potter
Approved: 4 -1
UNOFFICIAL City Council Meeting Minutes, April I, 2002, Page 10 of 11
Auenda Item 9A. Resolution No. 02 -010. Amendments to the Master Thorouuhfare Plan
Motion was made to table and continue the Public Hearing to the April 16, 2002, City Council meeting.
Motion: Stephen
Second: Potter
Ayes: Evans, Potter, Stephen, Stacy
Nays: Standerfer
Approved: 4 -1
Agenda Item No. 12. Adjournment There being no further business to discuss, the meeting was
adjourned at 11:45 p.m.
Submitted by:
Lori Farwell, Administrative Secretary
ATTEST:
Mayor Rick Stacy
Kim Bush, Acting City Secretary
UNOFFICIAL City Council Meeting Minutes, April I, 2002, Page 11 of 11