2001-06-14 JOINT CITY COUNCIL / PLANNING AND ZONING COMMISSION
MEETING
SOUTHLAKE TOWN HALL
1400 MAIN STREET
SOUTHLAKE, TEXAS
MINUTES
JUNE 14, 2001
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph
Evans; Deputy Mayor Pro Tem Patsy DuPre. Members: Greg Standerfer, Rex Potter,
Tom Stephen and Keith Shankland.
PLANNING AND ZONING COMMISSION PRESENT: Jim Murphy, Jim Jones,
Vernon Stansell, Darrel Faglie, John Terrell, Pamela Muller and Bret Boren.
CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager
Shana Yelverton; Assistant to the City Manager John Eaglen; Director of Planning Bruce
Payne; Director of Public Works Pedram Farahnak; Senior Engineer Charlie Thomas;
Director of Economic Development Greg Last; Senior Planner Dennis Killough; P & Z
Secretary Lorrie Herrick; and, City Secretary Sandra L. LeGrand.
Agenda Item #1, Call To Order
Mayor Rick Stacy called the Joint City Council/Planning and Zoning Commission
Meeting to order at 6:33 p.m. and explained the purpose of this joint meeting is to "Fast -
Track" the Verizon Project for the City of Southlake. Mayor Stacy outlined the process
that will be used during this joint meeting tonight. He stated both City Council and
Planning and Zoning Commission would be present for the presentation and public
hearing on the site plan proposed for Verizon Wireless. He noted when the public
hearing has been closed the City Council will adjourn into the executive conference room
and wait while the Planning and Zoning Commission considers the items on the P & Z
agenda. When the Planning and Zoning Commission has completed the process, the City
Council will reconvene into the council chambers where they will proceed with voting on
the items on the City Council agenda.
Agenda Item #2 -A, Executive Session
An executive session was not held during this meeting.
Joint City Council / Planning and Zoning Commission Meeting Minutes
June 14, 2001 page 1 of 11
Agenda Item #3, ZA 01 -056, Site Plan for Verizon Wireless
Site Plan for Verizon Wireless on property legally described as a portion of Tract 1F, T.
Martin Survey, Abstract No. 1134, being approximately 25.0 acres of land. Current
zoning is "NR -PUD" Non - residential Planned Unit Development District.
Senior Planner Dennis Killough reviewed the information provided with regard to this
property and request for Site Plan approval. He noted the Land Use Category for this
property is Mixed Use. He stated the proposed 24.08 acre site is located on West Dove
Street between State Highway (SH) 114 west bound service road and Kirkwood
Boulevard. The planned building is 187,000 square feet (Phase I); however, only
110,613 square feet will be used for office use. Verizon Wireless is expected to employ
400 employees initially, with the ultimate growth potential of 350,000 square feet and
1,000 employees (Phase II). He reviewed for Council and the commission, the current
conditions of West Dove Street, and Kirkwood Boulevard. He also gave an overview of
the following intersections:
• SH -114 westbound service road
• West Dove Street at Main site driveway
• West Dove Street at Kirkwood Boulevard
• Kirkwood Boulevard and second site driveway.
Based on the potential impacts due to traffic generated from a 1,000 employee operations
center, the following transportation improvements are recommended:
• Construct the ultimate West Dove Street cross section in conformance
with the Master Thoroughfare Plan (undivided five (5) lane arterial with
94' of right -of -way with a continuous left hand turn lane) from a point
from where TxDOT's improvements end to the primary driveway located
on West Dove Street. Also, provide a minimum 100' transition back into
the two (2) -lane section.
• Construct the ultimate Kirkwood Boulevard cross section in conformance
with the Master Thoroughfare Plan (divided four (4) lane roadway with
100' of right -of -way) from West Dove Street to the secondary drive
located on Kirkwood Boulevard. Also, provide a minimum 100' transition
back into the two (2) -lane section.
Southlake Pathways Master Plan: Existing Conditions: A six (6) foot trail exists along the
east side of Kirkwood Boulevard. TxDOT is building a ten (10) foot bicycle path on the
north side of West Dove Street along the portion of the roadway being improved in
conjunction with the State Highway 114 project. Southlake Pathway System Master Plan
requires a ten (10) foot multiuse trail adjacent to the SH 114 frontage and an eight (8)
foot trail adjacent to west Dove Street.
Joint City Council / Planning and Zoning Commission Meeting Minutes
June 14, 2001 page 2 of 11
Pathway Recommendations:
• Concerning the ten (10) foot trail in the SH 114 right -of -way, staff would
prefer that developer escrow the trail construction and engineering cost,
rather than install the trail at this time. Staff would prefer to work with
TxDOT to complete a more comprehensive future length of trail rather
than approach them at this time for only a portion.
• Concerning the 8" trail in the north right -of -way off Dove, staff requests
that Verizon complete the section of trail which will be constructed by
TxDOT from the SH 114 frontage road approximately 500 feet east,
tapering from TxDOT's 10' installation to 8' and completing the linkage
to Kirkwood Boulevard. They will confirm location of the trail and
construction plans with public works.
Water and Sewer: There is an existing 18" water line along the north right -of -way of
Dove Street and a 12" water line in the west right -of -way of Kirkwood Boulevard.
Mr. Killough stated the applicant is requesting relief from the 10' trail; requesting relief
from articulation on portions of the building; and the applicant is requesting approval of
the entire Site Plan through build -out at this time.
Ken Unger, Manager, Verizon Wireless, 180 Washington Valley Road, Bedminster, New
Jersey. Mr. Unger stated he would be responsible for tonight's presentation, which will
include a use and operations narrative.
The proposed Network Observation and Control Center (NOCC) on the subject site is the
next step in Verizon Wireless' plans to enhance their superior network quality and
reliability across the nation, allowing them to better serve their customers. The facility,
one of only two in the United States, will house a network equipment center, telephone
switch center, and the local network administration headquarters.
The building is designed as a critical communications facility with an anticipated life
cycle in excess of 40 years. The winged equipment spaces arranged around an
administrative core provide maximum flexibility for both horizontal and vertical growth
as required, effectively allowing for the doubling of the square footage of the initial
construction.
The bell tower is integrated into the building architecture in lieu of a conventional, self -
supported, industrial- looking, steel tower for cellular and microwave communications.
This cellular and microwave antenna must be located immediately adjacent to the on -site
cellular and microwave site located within the MSC wing. This is strictly for the
exclusive use of Verizon Wireless and is an extension to their national,
cellular /microwave backbone network. The microwave antenna will be concealed
within and under the tower roof. Cellular antenna may, however, be mounted on the
sides of the tower to enhance local wireless communications but will be blended into the
architecture.
Joint City Council / Planning and Zoning Commission Meeting Minutes
June 14, 2001 page 3 of 11
Mr. Unger stated the property is located on the northeast corner of SH 114 and Dove
Road and is part of a 50 -acre parcel owned by Maguire Partners. He stated the front of
the building would be three (3) stories (60 feet) and the back of the building will be four
(4) stories (90 feet tall). He stated the bell tower would be a maximum of 88 feet tall.
The structure will be located 174' from SH 114, and they will provide as much buffer as
possible. He commented that when they are built out, they will have 52% impervious
coverage. He presented the landscape plan and noted the lighting will meet the
ordinances. He said the overall plan more than complies with all the City of Southlake
ordinances. The project will provide for three (3) shifts, with 25 people per shift. Other
issues that were addressed include security and the bell tower.
It was noted that issues of concern during the SPIN meeting included: traffic;
communication tower; tax agreements, hours of operation; detention basin; fencing of the
complex and no gating; and roof top equipment.
After discussions regarding the proposed trail on SH 114 and the trail on Dove Road, Mr.
Unger agreed to add additional trees and to build the trails when necessary, without
escrowing funds. It was noted that the applicants would need to participate in funding of
the entrance on Kirkwood. The city will pave up to Kirkwood.
Council and P & Z recessed at 7:55 p.m.
Council and P & Z returned to the council table at 8:10 p.m.
Upon return, Mayor Rick Stacy reminded the audience that this is a Joint meeting and the
Public hearing will be for the benefit of both groups. He acknowledged receiving
petitions from area residents, which he turned over to the City Secretary for the record.
PUBLIC HEARING:
Steve White, 415 Marshall Road, Southlake. Mr. White opposed this case but did not
wish to speak.
Vanessa White, 415 Marshall Road, Southlake. Mrs. White opposed this case but did not
wish to speak.
Joanna DuPont, 2810 Linden Lane, Southlake. Ms. DuPont opposed this case but did not
wish to speak.
Sean McKire, 443 Marshall Road, Southlake. Opposed this case but did not wish to
speak.
Michael Carnahan, 400 Marshall Road, Southlake. Mr. Carnahan stated he opposes this
case and also opposes the "fast tracking" of this case. He stated he feels Council should
have given more notice and to follow the standard procedures as this method violates the
Joint City Council / Planning and Zoning Commission Meeting Minutes
June 14, 2001 page 4 of 11
due process. He wants the City Council and Planning and Zoning Commission to hold
their meetings separate.
Mitch Whatley, 2802 Linden Lane, Southlake. Mr. Whatley stated he is the nearest
residential neighbor to this project. He stated the neighbors would have liked for Verizon
to attempt to work with the neighborhood. He commented this is not a neighborhood of
starter homes and that the homes cost upward of $500,000. He asked the City Council to
delay their vote until the residents have a chance to respond and voice their objection.
John Lanza, 405 Marshall Road, Southlake. Mr. Lanza stated he has worked for many
wireless companies and commented on the hours of operation that Verizon plans on
having (24X7) and all the noise and traffic that will go along with those hours. He stated
he feels that issue alone will distract from the community that they have all worked so
hard to achieve.
Marie Villani, 451 Marshall Road, Southlake. Ms. Villani stated there are seventy -five
(75) small children in the Kirkwood Hollow Addition. Only eight (8) days ago they
received word that Verizon wants to come into their area. She stated concerns with the
80' microwave tower. She stated they have a wonderful neighborhood and asked the
Council and Commission where they live, and if they would want this use in their
neighborhood.
Kathryn Meisl, 406 Marshall Road, Southlake. Ms. Meisl stated when they purchased
their property they were told this property was zoned for commercial but had no idea that
it could be this type of use. She expressed many concerns.
Paul Hunt, 2814 Tyler Street, Southlake. Mr. Hunt stated the timing is not within the
process they are used to and said he objects to the short notice given. He spoke about the
spirit of a PUD and the intent of a PUD and the conditions of a PUD. He referenced
Section 30 -1 of the Zoning Ordinance regarding concerns with the tower. He also spoke
about Section 45 of Zoning Ordinance No. 480 regarding Specific Use Permits. He
stated this will be the third tower within a 1 /2 mile area and stated Council is creating a
"tower farm," and he does not want the tower next to residential property. He stated he
feels this use violates the spirit in which the ordinance was written. He asked the City
Council and Planning and Zoning Commission to table any action tonight and give the
residents a chance to work with the ordinance. They just want more time to prepare their
opposition.
Mayor Stacy stated all the Council and Planning and Zoning Commission are
considering tonight are the variances to the 10' trail, articulation and variances on
Kirkwood Drive. The zoning issue is not being discussed, as it is already in place.
Barbara Milhizer, 452 Marshall Road, Southlake. Ms. Milhizer stated during election
time, all the candidates say they want quality development in Southlake. This is not a
quality development. She commented that the traffic study presented by Verizon belongs
to them and was paid for by them. It has a pre -gone conclusion. She addressed adverse
Joint City Council / Planning and Zoning Commission Meeting Minutes
June 14, 2001 page 5 of 11
traffic in and around the site. She asked the City Council to hold their plan for quality
development in Southlake.
Sam Silver, 450 Marshall Road, Southlake. Mr. Silver asked the City Council and
Planning and Zoning Commission to consider the economic impact from this type
facility. He stated he feels the property values will drop. He asked, "Is Verizon the best
use for this property, will they attract businesses or just the opposite ?" He commented
that the west side of the building has no windows, and he commented on the tower. He
stated it is the microwave tower that he is objecting to, along with no windows on the
west side of the building.
Bill Vaughn, 401 Marshall Road, Southlake. Mr.Vaughn stated he is the closest resident
to the new proposed facility. He referenced that they only had eight days notice of this
project. The residents do not want Verizon in their neighborhood. This is a highly
specialized facility and when they go under, the building will just sit there. The residents
do not like the way it looks. He asked the City Council to reconsider the pride they feel
in bringing Verizon to our community. He also stated he feels the traffic study is bogus!
Mark DuPont, 2810 Linden Lane, Southlake. Mr. DuPont stated he feels that if the
facility is being built as the pictures in Southlake In Review show, no one would object.
He spoke about the elevations of the property and the tower and feels Southlake would be
looking at a very large structure. He commented on the safety concerns without any
fencing around the detention ponds and around the a/c mechanical equipment. They feel
the City officials are more concerned with Verizon than they are for the rest of the
residents in the area.
Eric Milhizar, 452 Marshall, Southlake. Mr. Milhizar he worked for Verizon and in that
year, they moved their major corporate headquarters three times. He questioned the City
Council given them a tax abatement when they may or may not even be here. He stated
the City Council is talking a big risk with a wireless company.
Nancy Carnahan, 400 Marshall Road, Southlake. Ms. Carnahan questioned the zoning
ordinance (Ordinance No. 480) and the fact that a Specific Use Permit (SUP) is not
needed for the microwave tower. She said if Council does not give Verizon a tax
abatement, they won't come here.
James Jones, 2811 Taylor Street, Southlake. Mr. Jones stated he does not live on the
property at this time but will be moving there shortly. He expressed opposition to this
use.
Fred Raynar, 2807 Tyler Street, Southlake. Mr. Raynar commented on the noise levels
and the blending of this property with the residential neighbors and the Southlake spirit.
The building looks like a prison. He stated he does not feel Southlake will be in keeping
with their standards. He commented on traffic issues. He stated as a businessperson,
sometimes you have to walk away from short-term gains for long -term prosperity.
Joint City Council / Planning and Zoning Commission Meeting Minutes
June 14, 2001 page 6 of 11
Dan Duffy, 437 Marshall Road, Southlake. Mr. Duffy asked the Mayor why are we
having this joint session?
Mayor Stacy responded by saying, "I feel we should have more of this."
Mr. Duffy stated this is a contentious issue, and it needs more time for consideration. He
stated he feels the City is compromising by letting a microwave tower into the
neighborhood and that the developer has not thought it through in relation to the two
other tracts of land.
Director of Economic Development Greg Last commented on other available sites
and non - residential adjacencies.
Les Meisl, 406 Marshall Road, Southlake. Mr. Meisl stated the City Council members
are elected officials and the people elected them. Verizon on the other hand is a business.
He is very disappointed and asked that Council please give the tax payers the same
considerations as they are giving to Verizon. He asked for more time, noting that the
residents have not had time to formulate their questions.
Jeff Wang, 595 South Kimball Avenue, Southlake. Mr. Wang stated this is better for the
residents than the schools that were approved across the street from his house. He
commented that this is the third fast -track project in Southlake. He expressed concerns
about the road, stating if Southlake does not ask Verizon to build the roads, how can we
ask Aventerra to build their roads? He commented on impact fees.
Lisa Nichols, 912 Chimney Hill Trail, Southlake. Ms. Nichols stated she appreciates the
fact that the residents got an eight -day notice of this project and not a day notice. She
stated she is in favor of Verizon, and that this use will not invite crime in Southlake. She
expressed that it would be nice to get a job in Southlake that is not a restaurant or retail.
She feels this traffic would not be as bad as with other uses. Southlake offers enough
amenities. She asked Verizon to be patient with the residents.
Kenneth Horne, 1215 Ashmore Court, Southlake. Mr. Horne indicated he is in favor of
this project [with reservations] but had to leave before he could speak.
John Dumbleton, 2804 Linden Lane, Southlake. Mr. Dumbleton stated he feels that the
looks of the building does not blend in with a residential setting. He expressed concerns
with the appearance of the tower and the building.
Public hearing closed.
Councilmember Rex Potter commented on the fact that some residents feel that
Council has been keeping this project from them. He wants them to know that the
City Council has not been looking at this project for eight or nine months. The
City Council has not even seen a picture of the project, and this is the first public
hearing.
Joint City Council / Planning and Zoning Commission Meeting Minutes
June 14, 2001 page 7 of 11
Mr. Unger stated they want to be in a neighborhood where they get along with their
neighbors. They would not be investing in a facility such as this if them planned to move
away and leave it. He stated they have two other knocks. He stated the microwave tower
is a requirement of the facility. This is a critical facility. The company would not
operate the facility if it was unsafe or caused cancer. Everything electronic sends off
some form of radiation. This tower would not send off as much as equipment from the
average home. The towers do not put off that type of RF.
Council and P & Z adjourned into recess at 11:48 p.m.
Council and P & Z returned to open session at 12:20 a.m.
Agenda Item #4, ZA 01 -058, Preliminary Plat for Lots 1 and 2, Block 1, Verizon
Addition
Preliminary Plat for Lots 1 and 2, Block 1, Verizon Addition, on property legally
described as Tracts 1F and 1C2, T. Martin Survey, Abstract No. 1134, being 50.12 acres.
Current zoning is "NR -PUD" Non - residential Planned Unit Development District.
Senior Planner Dennis Killough stated that the owner of this property is Maguire Thomas
Properties. The applicant is Verizon Wireless. The applicant is requesting approval of a
Preliminary Plat for subdivision into two lots. The history of the property includes
approval of the zoning and concept plan for Solana on October 16, 1995, to "NR -PUD"
Non - Residential Planned Unit Development with "C -3" General Commercial District,
"0-2" Office District, "HC" Hotel District, and "CS" Community Service District uses.
Mr. Killough stated that no variances were requested by the applicant.
PUBLIC HEARING:
Bill Vaughn, 401 Marshall Road, Southlake. Mr. Vaugh asked that this item be denied
because the property would be under two ownerships and this would cause the City to
have to forgo options with regard to access of roadway into the second tract. Mr. Vaughn
stated it is his understanding from the SPIN meeting that TxDOT only referenced the
second tract in their refusal to have the frontage road from the second tract of land.
Tom Allen, Manager Maguire Partners. Mr. Allen stated SH 114 has been discussed as
an on -ramp and not an access road. There will be no frontage roads. The second road to
the north will be accessed off of Kirkwood Lane.
Public Hearing closed.
The City Council adjourned to the back room at 12:30 a.m.
At this time P & Z will act on Agenda Items #3, #4, and #5 on their agenda.
City Council returned to the Council table at 1:20 a.m.
Joint City Council / Planning and Zoning Commission Meeting Minutes
June 14, 2001 page 8 of 11
Agenda Item #3, ZA 01 -056, Site Plan for Verizon Wireless
Site Plan for Verizon Wireless on property legally described as a portion of Tract 1F, T.
Martin Survey, Abstract No. 1134, being approximately 25.0 acres of land. Current
zoning is "NR -PUD" Non - residential Planned Unit Development District.
Senior Planner Dennis Killough stated the variances have been removed by the applicant.
He noted the applicant has agreed to construct Dove Road [between their entrance and
Kirkwood 100 feet of transition with CIP funds]. The applicant has agreed to provide
diamond landscape areas and plant additional trees in the southeast corner of the
property.
Councilmember Rex Potter indicated he feels the diamond landscape was to be in
all parking areas, when they build the sections.
Mr. Unger stated the Planning and Zoning Commission recognizes that they are willing
to work with the residents in that area, and that they want to be good neighbors.
Motion was made to approve ZA 01 -045, Site Plat for Verizon, as approved by the
Planning and Zoning Commission and subject to the recommendation made by the
Planning and Zoning Commission; that the applicant work with the residents on
articulation or if an agreement cannot be met, subject to the articulation ordinances; to
include landscape islands in all of the parking lots; to include as part of Phase I the trees
out in front of the southeastern portion of the proposed parking expansion; and to
stipulate that if the trail along SH 114 is constructed within ten years, the applicant will
pay his pro -rate share of the construction.
Motion: DuPre
Second: Potter
Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #4, ZA 01 -058, Preliminary Plat for Lots 1 and 2, Block 1, Verizon
Addition
Preliminary Plat for Lots 1 and 2, Block 1, Verizon Addition, on property legally
described as Tracts 1F and 1C2, T. Martin Survey, Abstract No. 1134, being 50.12 acres.
Senior Planner Dennis Killough gave the recommendation made by the Planning and
Zoning Commission earlier this evening, noting that the easements are provided on the
plat. He also commented on the Plat Review Summary No. 2 as presented to the City
Council.
Motion was made to approve ZA 01 -058, subject to the Plat Review Summary No. 2,
dated June 8, 2001; and accepting the recommendation made by the Planning and Zoning
Commission.
Joint City Council / Planning and Zoning Commission Meeting Minutes
June 14, 2001 page 9 of 11
Motion: Potter
Second: Stephen
Ayes: Potter, Stephen, Evans, Shankland, DuPre, Standerfer, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #5, Ordinance No. 802, 1 Reading, Verizon Wireless - Network
Observation and Control Center.
Ordinance No. 802, 1 Reading, Verizon Wireless- Network Observation and Control
Center, an ordinance designating Reinvestment Zone Number Three in the City of
Southlake, Texas, pursuant to Chapter 312 of the Texas Tax Code; establishing the
boundaries thereof and other matters relating thereto; providing that this ordinance shall
be cumulative of all ordinances; providing a severability clause; and providing an
effective date.
Director of Economic Development Greg Last made a brief presentation noting that it is
not staffs intent to have a major presentation for this first reading or to discuss any of the
tax abatement or 380 agreement details. They will all be discussed at the June 19, City
Council meeting with the second reading. Last stated, "Basically, we are trying to
process the ordinance in a timely manner to coincide with the site plan approval. I have
only asked for Verizon's attorney to be present at the Council's portion of the meeting
discussing this ordinance, the remainder of the Verizon team will be meeting at the same
time with the Planning and Zoning Commission on the site plan." Prior to adoption of a
tax abatement agreement, the subject property must be designated as a reinvestment zone
by ordinance.
PUBLIC HEARING:
Nancy Carnahan, 400 Marshall Road, Southlake. Ms. Carnahan stated she is
disappointed in the rush in approving this ordinance, as well as the rush of this entire
process. She stated she would need all the information so that she can study it and be
prepared to make comments on the ordinance at the second reading on June 19, 2001.
Name Unknown, 407 Marshall Road, Southlake. The speaker asked that the 1 reading
be tabled until the residents have had an opportunity to become familiar with the
ordinances and issues involved.
Bill Vaugh, 401 Marshall Road, Southlake. Mr. Vaugh requested more information on
the definition of a corporate facility and how it relates to this tax abatement. He also
asked that this first reading be tabled until after the residents meet with Verizon.
Public hearing closed.
Motion was made to approve Ordinance No. 802, 1 Reading.
Motion: DuPre
Joint City Council / Planning and Zoning Commission Meeting Minutes
June 14, 2001 page 10 of 11
Second: Stephen
Ayes: DuPre, Stephen, Evans, Shankland, Standerfer, Potter, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #6, Adjournment
Mayor Rick Stacy adjourned the meeting at 1:50 a.m.
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May. Rick St cy
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Joint City Council / Planning and Zoning Commission Meeting Minutes
June 14, 2001 page 11 of 11